CITY COUNCIL MEETINGS: Minutes and Agendas

 Subscribe to RSS Feed - Council Agendas

The City Council meets every Tuesday

9:00 a.m. - Pre Council Meeting in Government Plaza Conference Room on the First floor.

10:30 a.m. - The Council Meeting begins in Government Plaza Auditorium on the First Floor.

Council minutes for Jun 22, 2010

MUNICIPAL BUILDING, MOBILE, ALABAMA, JUNE 22, 2010

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, June 22, 2010, at 9:00 a.m.

Present:
Chairman: Copeland
Councilmembers: Richardson, Carroll, Burrell, Williams, Hudson, Gregory
Absent: None

The meeting was called to order. The Council reviewed and discussed the agenda for their meeting to be held today at 10:30 a.m.

The Presiding Officer adjourned the meeting.

Approved: July 13, 2010


_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK

MUNICIPAL BUILDING, MOBILE, ALABAMA, JUNE 22, 2010

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, June 22, 2010, at 10:30 a.m., in regular meeting.

The meeting was called to order by City Clerk, Lisa Lambert.

Pastor Jim Holmes, Inmate Family Ministries, offered the invocation.

The Presiding Officer led the Pledge of Allegiance.

A moment of silence was observed in memory of Sgt. David Smith and Michael Watts, the son of Gladys Clausell who retired from the City of Mobile’s Revenue Department.

Present on Roll Call:

Chairman: Copeland
Councilmembers: Richardson, Carroll, Burrell, Williams, Hudson, Gregory
Absent: None

STATEMENT OF RULES BY COUNCIL PRESIDENT:

The Presiding Officer stated that all cell phones must be turned off and dispensed with reading the following Rules concerning communications with the City Council with the exception of #2:

1) Any person desiring to address the Council must register upon entering the meeting area. When addressing the Council, the speaker must state his/her name and address.

2) Each speaker is allowed five minutes to address the Council. A bell will sound to indicate the end of 4 minutes. One minute is allowed for summarizing. The second bell indicates the time has expired.

3) To maintain decorum, there will be no undue applause and/or public outcry allowed.

4) When addressing the Council, there is to be no personal address to any individual Councilmember. All statements are to be made to the Chair who will recognize any Councilmember who wishes to respond.

5) Any person desiring to speak to the Council on a non-agenda item must contact the City Clerk's Office no later than 2:00 p.m. on the Thursday prior to the Council Meeting. The subject he/she wishes to address must be identified. Any person attending the meeting who has not given proper notice to the Clerk's Office and wishes to speak on a non-agenda item will not be allowed to address the Council.

6) Those persons desiring to speak on agenda items must indicate the resolution, ordinance, appeal, or public hearing item on arrival when signing in for the meeting.

APPROVAL OF MINUTES:

The Minutes of June 8, 2010, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Jones read a proclamation recognizing the accomplishments of Celia Mann Baehr who is leaving her position as Chair of the Board of the Mobile Symphony Orchestra. The proclamation declared Wednesday, June 30, 2010, as “Celia Mann Baehr Day” in the City of Mobile. Councilmember Richardson noted that Ms. Mann Baehr is a “valuable, honorable citizen of District 1.”

Mayor Jones noted a group of dignitaries from the Republic of Benin, West Africa, who are visiting Alabama to honor the “Juneteenth” celebration which annually marks the end of slavery in America on June 19, 1865.

The Mayor gave an update on the clean-up efforts concerning the oil spill in the Gulf of Mexico and the plans to protect the shoreline and waterways.

ADOPTION OF THE AGENDA:

Councilmember Richardson moved for the adoption of the agenda, which motion was seconded by Councilmember Hudson, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the agenda adopted.

APPEALS:

(1) The Council considered the appeal of Donald G. Beebe, The Atchison Firm, of the approval of the Mobile Planning Commission for the Planned Unit Development application for the Gates at the Palms Subdivision (District 4) (held over from the meeting of June 8, 2010).

Councilmember Hudson requested language clarification regarding Item “C” of the appeal. Nick Amberger, City Engineer, noted the following:

“On Item ‘C’ in the comments, we requested that it read ‘Detailed plans for intersection and curve improvements must be approved by Urban Development, Engineering, and Traffic Engineering.’ We added another item – ‘D’ – which said ‘Certificate of Occupancy not to be issued until all intersections and roadway improvements are complete and approved and accepted by the City of Mobile.’ Basically, we want the improvements—or Engineering’s position is we want the improvements to the intersection and the roadway done prior to issuing a Certificate of Occupancy of the buildings that are being constructed.”

Councilmember Hudson asked: “What is the proper procedure here? Do we deny with these conditions included – is that correct procedure?”

Council President Copeland responded: “The appeal is by Mr. Beebe of The Atchison Firm, and it normally requires five votes to approve the appeal which is by the neighborhood. In this case, since we have an amendment that we are going to offer, Mr. Rossler, please explain the situation.”

Mr. Rossler, attorney for the City Council, answered: “I think you’ve got to deny the appeal with the statement that…because granting a Certificate of Occupancy is something that the City does internally—that Engineering and Urban Development will work—if the Council wants to deny the appeal, then I think…there’s nothing to amend. I think you just simply say that the Council moves to deny the appeal with the understanding that a Certificate of Occupancy will not be issued by the City until all of the conditions have been satisfied.”

Councilmember Hudson inquired if those conditions should be outlined for the record as part of this denial and Mr. Amberger responded as follows:

“The Planning Commission’s comments require that detailed plans and improvements must be approved by Urban Development, Engineering, and Traffic Engineering. Engineering takes the position that we are not going to issue, or be a part of, the Certificate of Occupancy process until the improvements are complete.”

Councilmember Hudson asked if Mr. Amberger was referring to the conditions that he had just previously stated and Mr. Amberger replied that was correct.

The Council President recognized Mr. Casey Pipes, the legal representative for the developer of the proposed project. Mr. Pipes noted that the developer is not agreeing to build all of the curve improvements on Knollwood Drive before getting a Certificate of Occupancy (C.O.). Mr. Pipes asked “that the PUD appeal be denied and that the existing conditions remain ‘as is’ - which state that Traffic and City Engineering have to be happy with everything before we go forward.” Mr. Pipes made additional comments to emphasize the developer’s desire to comply with the City’s requests.

Councilmember Hudson asked Mr. Amberger to respond to Mr. Pipes’ remarks. Mr. Amberger answered: “We don’t believe the improvements can be done without correcting the geometry of the curve…”

The Council President asked Mr. Donald Beebe to comment. Mr. Beebe stated “If what I hear is that they can’t get a Certificate of Occupancy until the curve is corrected, then I don’t know that I have anything further to say.”

Councilmember Carroll and Councilmember Williams offered their comments.

Councilmember Richardson moved to consider the appeal request, which motion was seconded by Councilmember Gregory, and the vote to grant the appeal was as follows:

Ayes: Copeland
Nays: Richardson, Carroll, Burrell, Williams, Hudson, Gregory

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the appeal request denied.

(2) The Council considered the request of Shirley Clark, 1307 McArthur Street, for a Waiver of the Noise Ordinance on July 4, 2010, from 6:00 p.m. until 10:00 p.m. (District 3).

There being no objections, Councilmember Richardson moved that the waiver be granted, which motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.

(3) The Council considered the request of Barbara Drummond, Melrose Community Organization, for a Waiver of the Noise Ordinance on July 17, 2010, from 10:00 a.m. until 4:00 p.m., on Leo Street (District 3).

There being no objections, Councilmember Richardson moved that the waiver be granted, which motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.

(4) The Council considered the request of Winfred Howard for a Waiver of the Noise Ordinance on June 26, 2010, from 10:00 a.m. until 3:00 p.m., at Municipal Park (District 7).

There being no objections, Councilmember Richardson moved that the waiver be granted, which motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.

PUBLIC HEARINGS:

PUBLIC HEARING TO FIX THE COSTS ON THE DEMOLITION OF STRUCTURE AT 2675 HAYLES STREET, $2,400.00 (DISTRICT 1). The Presiding Officer announced that today was the day for the public hearing to fix the costs on the demolition of structure at 2675 Hayles Street, and asked if there was anyone present to speak for or against this matter. No one appeared.

The Presiding Officer declared the hearing concluded and that the necessary resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO FIX THE COSTS ON THE DEMOLITION OF STRUCTURE AT 408 CHIN STREET, $2,600.00 (DISTRICT 2). The Presiding Officer announced that today was the day for the public hearing to fix the costs on the demolition of structure at 408 Chin Street, and asked if there was anyone present to speak for or against this matter. No one appeared.

The Presiding Officer declared the hearing concluded and that the necessary resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO FIX THE COSTS ON THE DEMOLITION OF STRUCTURE AT 1158 CHINQUAPIN STREET, $2,600.00 (DISTRICT 2). The Presiding Officer announced that today was the day for the public hearing to fix the costs on the demolition of structure at 1158 Chinquapin Street, and asked if there was anyone present to speak for or against this matter. No one appeared.

The Presiding Officer declared the hearing concluded and that the necessary resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO FIX THE COSTS ON THE DEMOLITION OF STRUCTURE AT 553 ENGLISH STREET, $2,400.00 (DISTRICT 2). The Presiding Officer announced that today was the day for the public hearing to fix the costs on the demolition of structure at 553 English Street, and asked if there was anyone present to speak for or against this matter. No one appeared.

The Presiding Officer declared the hearing concluded and that the necessary resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO FIX THE COSTS ON THE DEMOLITION OF STRUCTURE AT 1559 GAYNOR STREET, $2,400.00 (DISTRICT 3). The Presiding Officer announced that today was the day for the public hearing to fix the costs on the demolition of structure at 1559 Gaynor Street, and asked if there was anyone present to speak for or against this matter. No one appeared.

The Presiding Officer declared the hearing concluded and that the necessary resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO FIX THE COSTS ON THE DEMOLITION OF STRUCTURE AT 5921 WINDHAM COURT, $3,065.00 (DISTRICT 6). The Presiding Officer announced that today was the day for the public hearing to fix the costs on the demolition of structure at 5921 Windham Court, and asked if there was anyone present to speak for or against this matter. No one appeared.

The Presiding Officer declared the hearing concluded and that the necessary resolution authorizing the proper action would be introduced later in the meeting.

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

(A) NON-AGENDA ITEMS:

Claudell Mack, 4503 Bella Sara Court, Saraland, addressed the Council in his capacity as President of Maitre Park. Mr. Mack requested funding for repairs to the park.

Council President Copeland, Chief of Staff Al Stokes, and Councilmember Williams responded to Mr. Mack’s request.

(B) AGENDA ITEMS:

Jennifer Powell, 5815 Powell Drive; Milton Morrow, 4355 Government Boulevard; and Lonnie Honeycutt, 5881 Powell Drive, appeared before the Council in opposition to Ordinance 64-018-2010 (proposed rezoning of Moffett Road). Milton Austin, Austin Engineering, addressed the Council on behalf of Herman Neese, the developer of the project in the Moffett Road rezoning proposal. Mr. Austin requested that the Council approve the rezoning request.

Robert Edington, 551 Church Street; Connie McClelland, 6449-C Cedar Bend Court; and Susan Bowden, 6452 Cedar Bend Court, spoke to the Council in opposition to Ordinance 64-017-2010 (proposed rezoning of Hillcrest Road).

Casey Pipes, 150 Government Street, the attorney for the developer in the Hillcrest Road rezoning, and Patrick Coffey, a representative of the Multi-Family Management Company, made remarks to the Council in favor of Ordinance 64-017-2010 (proposed rezoning of Hillcrest Road).

Councilmembers Gregory, Richardson and Carroll responded.

ORDINANCES HELD OVER:

REZONE PROPERTY LOCATED AT 208 HILLCREST ROAD (WEST SIDE OF HILLCREST ROAD, 260’+ SOUTH OF CEDAR BEND COURT) FROM R-1 TO R-3 (DISTRICT 7) (APPLICANT: CASEY PIPES). The following ordinance which was introduced and read at the regular meeting of Tuesday, June 15, 2010, and which was laid over for one (1) week to the regular meeting of Tuesday, June 22, 2010, was called up by the Presiding Officer.

ORDINANCE 64-017-2010

AN ORDINANCE AMENDING THE ORDINANCE ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MOBILE ON THE 16TH DAY OF MAY, 1967, SAID ORDINANCE BEING COMMONLY KNOWN AS THE ZONING ORDINANCE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE AS FOLLOWS:

Section One: That the Ordinance commonly known as the Zoning Ordinance and adopted on May 16, 1967, together with the Zoning Map of the City of Mobile, 1967, be, and the same hereby is changed and altered in respect to that certain property in the City of Mobile, State of Alabama, described as follows to-wit:

LOTS 14, 15, 16, 17, 18 AND 19, ARNOLD SUBDIVISION, AS PER PLAT THEREOF RECORDED IN MAP BOOK 3, PAGE 295 OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE, MOBILE COUNTY, ALABAMA

The classification of said property is hereby changed from R-1, Single-Family Residential District, to R-3, Multiple-Family District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a R-3, Multiple-Family District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a R-3, Multiple-Family District, until all of the conditions set forth below have been complied with: 1) submittal and approval by the Planning Commission of a Subdivision Application to combine the existing six lots into one lot; 2) submittal and approval by the Planning Commission of an appropriate Planned Unit Development Application; 3) development of the site is to be limited to an approved Planned Unit Development; and, 4) full compliance with all municipal codes and ordinances.

Section Two: This Ordinance shall be in force and effect from and after its adoption and publication.

The ordinance was read by the City Clerk; whereupon Councilmember Richardson moved to consider the item, which motion was seconded by Councilmember Copeland. Following comments by Councilmembers Williams, Hudson, and Gregory, the vote was as follows:

Ayes: Carroll, Burrell, Williams
Nays: Richardson, Hudson, Gregory, Copeland

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the ordinance denied.

REZONE PROPERTY LOCATED AT 5930 MOFFETT ROAD (EAST SIDE OF MOFFETT ROAD AT THE EAST TERMINUS OF POWELL DRIVE) FROM B-3 AND R-3 TO R-3 (DISTRICT 7) (APPLICANT: HERMAN NEESE). The following ordinance which was introduced and read at the regular meeting of Tuesday, June 15, 2010, and which was laid over for one (1) week to the regular meeting of Tuesday, June 22, 2010, was called up by the Presiding Officer.

ORDINANCE 64-018-2010

AN ORDINANCE AMENDING THE ORDINANCE ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MOBILE ON THE 16TH DAY OF MAY, 1967, SAID ORDINANCE BEING COMMONLY KNOWN AS THE ZONING ORDINANCE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE AS FOLLOWS:

Section One: That the Ordinance commonly known as the Zoning Ordinance and adopted on May 16, 1967, together with the Zoning Map of the City of Mobile, 1967, be, and the same hereby is changed and altered in respect to that certain property in the City of Mobile, State of Alabama, described as follows to-wit:

COMMENCE AT A 6” CONCRETE FILLED PIPE FOUND BEING THE NE CORNER OF THE SW ¼ OF THE SW ¼ OF SECTION 34 T-3-S R-2W MOBILE COUNTY, ALABAMA, THENCE S 89-41-52 W 854.98 FEET TO THE POINT OF BEGINNING OF THE PROPERTY DESCRIBED HEREIN; THENCE CONTINUE S 89-41-52 W 452.84 FEET TO A “T” IRON FOUND; THENCE S 90-0-0 W 967.77 FEET TO A OPEN TOP PIPE FOUND ON THE EAST RIGHT OF WAY LINE OF MOFFETT ROAD (100’ R/W); THENCE S 20-9-56 E 470 FEET ALONG SAID RIGHT OF WAY TO A POINT; THENCE N 90-0-0 E 1144.63 FEET TO A POINT; THENCE N 14-24-25 E 457.98 FEET TO THE POINT OF BEGINNING. DESCRIPTION CONTAINS 13 ACRES MORE OR LESS
The classification of said property is hereby changed from B-3, Community Business District, and R-3, Multiple-Family District, to R-3, Multiple-Family District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a R-3, Multiple-Family District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a R-3, Multiple-Family District, until all of the conditions set forth below have been complied with: 1) completion of the subdivision process; 2) submittal and approval by the Planning Commission of an appropriate Planned Unit Development Application; 3) development of the site is to be limited to an approved Planned Unit Development; 4) full compliance with all municipal codes and ordinances.
Section Two: This Ordinance shall be in force and effect from and after its adoption and publication.

The ordinance was read by the City Clerk; whereupon Councilmember Richardson moved to consider the item, which motion was seconded by Councilmember Gregory. Following comments by Councilmember Gregory, the vote was as follows:

Ayes: None
Nays: Richardson, Burrell, Williams, Hudson, Gregory
Abstentions: Carroll, Copeland

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the ordinance denied.

SUSPENSION OF RULES FOR IMMEDIATE CONSIDERATION OF ORDINANCES BEING INTRODUCED FOR FIRST TIME.

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Ordinance 88-019, which motion was seconded by Councilmember Hudson, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The Presiding Officer declared unanimous consent granted for all items.

ORDINANCES BEING INTRODUCED:

DEEM PROPERTY AT 4908 SANDSPUR DRIVE NOT NOW NEEDED FOR PUBLIC OR MUNICIPAL PURPOSES AND AUTHORIZE THE SALE THEREOF TO RAMEH S. DICKENS. The following ordinance was introduced by Councilmember Richardson.

ORDINANCE 88-019-2010

Sponsored by: Mayor Jones and Councilmember Richardson

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, as follows:

SECTION ONE: It is hereby found and determined by the City Council of the City of Mobile, Alabama, that the property hereinafter described is not now needed for public or municipal purposes and that it is in the best interest of the City of Mobile and in the public interest that said property be sold to:

SEE ATTACHED EXHIBIT “A”

SECTION TWO: The Mayor and the City Clerk are hereby authorized and directed to execute and attest, respectively, for and in the name, and on behalf of the City of Mobile, the attached Purchase Agreement for the property shown above.

SECTION THREE: The Mayor and City Clerk are also hereby authorized and directed to execute and attest respectively, for and in the name, and on behalf of the City of Mobile, the deed for the property shown above, when said deed is prepared and ready for execution.

SECTION FOUR: The Real Estate Officer of the City of Mobile is hereby authorized and directed to negotiate, and to execute for and in the name, and on behalf of the City of Mobile, what ever supporting documents, affidavits, closing statements, or ancillary forms necessary to complete the sale of said property.

SECTION FIVE: Said Purchase Agreement and Deed are by reference made a part of this ordinance as fully as if set forth herein and a copy of such will be on file in the office of the City Clerk and in the office of the Real Estate Officer of the City of Mobile, 4th Floor, Government Plaza, 205 Government Street, Mobile, Alabama.

SECTION SIX: This Ordinance shall be in full force and effect from and after its adoption and publication as required by law.

EXHIBIT “A”

TO ORDINANCE 88-019-2010 AUTHORIZING SALE OF UNNEEDED PROPERTY:

PURCHASER: Rameh S. Dickens
ADDRESS: 4908 Sandspur Drive
Mobile, AL 36618
LEGAL DESCRIPTION: Lot 2 Sandalwood Unit 2 MBK 40
PG 6 #SEC 02 T4S R2W #MP28 01 02 3 000

The ordinance was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Copeland, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the ordinance adopted.

STATE OF ALABAMA)
COUNTY OF MOBILE)

I, Lisa C. Lambert, City Clerk of Mobile, Alabama, hereby certify that Ordinance No. 88-019, Series 2010, was published in the Mobile Record, a newspaper of general circulation in the City and County of Mobile, Alabama, on

IN WITNESS WHEREOF, I have hereunto set my hand on this day of, 2010.

________________________
City Clerk

SUSPENSION OF RULES FOR IMMEDIATE CONSIDERATION OF RESOLUTIONS BEING INTRODUCED FOR FIRST TIME.

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Resolutions 01-251 through 60-269, which motion was seconded by Councilmember Hudson, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The Presiding Officer declared unanimous consent granted for all items.

AUTHORIZE RIGHTS-OF-WAY USE AGREEMENT WITH TW TELECOM OF ALABAMA, LLC, TO INSTALL FIBER OPTIC CABLE. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 01-251-2010

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Rights-of-Way Use Agreement, between the City of Mobile and TW Telecom of Alabama, LLC, a Delaware limited liability company, as outlined in the Agreement attached hereto and made a part hereof as though set forth in full. A copy of said Rights-of-Way Agreement is on file in the office of the City Clerk.

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Copeland, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

RE-ALLOCATE $10,950.00 FROM CAPITAL PROJECT #1261-HISTORIC DEVELOPMENT-AFRICAN AMERICAN HISTORY TRAIL; CAPITAL IMPROVEMENT FUND 551 TO GENERAL FUND-HISTORIC DEVELOPMENT PRINTING & REPRODUCTION. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 09-252-2010

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $10,950.00 be reallocated from Capital Project #1261 Historic Development-African American History Trail in the Capital Improvement Fund (551) to the General Fund Account #100.0062.41444 Historic Development.Printing & Reproduction. These funds will be used for expenses relating to the website and brochures.

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Copeland, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

RE-ALLOCATE $10,000.00 FROM CAPITAL PROJECT #1261-HISTORIC DEVELOPMENT-AFRICAN AMERICAN HISTORY TRAIL, FROM CAPITAL IMPROVEMENT FUND 551 TO GRANT FUND 636. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 09-253-2010

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $10,000.00 be reallocated within Capital Project #1261 Historic Development-African American History Trail, Capital Improvement Fund 551 to the General Grant Fund 636; Grants Administration.Historic Development. These funds will be used for the City’s match on an archaeology study.

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Copeland, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE PROFESSIONAL SERVICES CONTRACT WITH DR. NEIL NORMAN FOR THE AFRICATOWN/PLATEAU ARCHEOLOGY PROJECT, PHASE I AND II, $20,000.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-254-2010

Sponsored by: Mayor Jones and Councilmember Carroll

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a professional services contract, by and between the City of Mobile and Dr. Neil Norman for the Africatown/Plateau archeology project, Phase I and II, as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of said contract is on file in the Office of the City Clerk.

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Hudson, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

ADOPT FOUR-FACTOR ANALYSIS AND LANGUAGE ACCESS PLAN FOR LIMITED ENGLISH PROFICIENCY PERSONS FOR ALL CITY OF MOBILE HUD AND OTHER GRAND FUNDED PROGRAMS. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 31-255-2010

Sponsored by: Mayor Jones

WHEREAS, Title VI of the Civil Rights Act of 1964 is the federal law which protects individuals from discrimination on the basis of their race, color, or national origin in programs that receive federal financial assistance;

WHEREAS, persons who, as a result of national origin, do not speak English as their primary language and who have limited ability to speak, read, write, or understand English may be entitled to language assistance under Title VI in order to receive a particular service, benefit, or encounter;

WHEREAS, a Four-Factor Analysis and Language Access Plan was completed by the City of Mobile for determining which language assistance measures it will undertake to guarantee access to its U.S. Department of Housing and Urban Development (HUD) and other grants programs by limited English proficiency (LEP) persons;

WHEREAS, the Four-Factor Analysis and Language Access Plan provides the City of Mobile with documentation for compliance with Executive Order 13166;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the “Four-Factor Analysis and Language Access Plan” is adopted and applicable to all HUD and other grants programs administered by the City of Mobile.

A copy of the Four-Factor Analysis and Language Access Plan shall remain on file in the office of the City Clerk.

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

APPLY THE CITIZENS PARTICIPATION PLAN TO ALL HUD GRANT FUNDED PROGRAMS. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 31-256-2010

Sponsored by: Mayor Jones

WHEREAS, THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, has previously adopted the document entitled “Citizens Participation Plan for the Consolidated Plan” as amended on September 23, 1997, to meet requirements set forth by the Department of Housing and Urban Development,

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the “Citizens Participation Plan for the Consolidated Plan” is intended to be applicable to all grant programs offered by the Department of Housing and Urban Development.

A copy of the Citizen Participation Plan shall remain on file in the office of the City Clerk.

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL TABLE WINE (OFF PREMISES ONLY) LICENSE FOR MJS EXPRESS, 1751 RIVERSIDE DRIVE (DISTRICT 3). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 37-257-2010

Sponsored by: Councilmember Burrell

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the following application to the Alabama Alcoholic Beverage Control Board of the State of Alabama, is hereby recommended for grant of such license by said Board.

Type of Application: Retail Table Wine
(Off Premises Only)

Submitted by: Riya Marketing, LLC

Location: MJS Express
1751 Riverside Drive

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER (OFF PREMISES ONLY) LICENSE FOR MJS EXPRESS, 1751 RIVERSIDE DRIVE (DISTRICT 3). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 37-258-2010

Sponsored by: Councilmember Burrell

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the following application to the Alabama Alcoholic Beverage Control Board of the State of Alabama, is hereby recommended for grant of such license by said Board.


Type of Application: Retail Beer
(Off Premises Only)

Submitted by: Riya Marketing, LLC

Location: MJS Express
1751 Riverside Drive

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR CHEF SAKES RESTAURANT AND SUSHI, 5821-C OLD SHELL ROAD (DISTRICT 6). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 37-259-2010

Sponsored by: Councilmember Hudson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the following application to the Alabama Alcoholic Beverage Control Board of the State of Alabama, is hereby recommended for grant of such license by said Board.

Type of Application: Restaurant Retail Liquor

Submitted by: Saribot, Inc.

Location: Chef Sakes Restaurant and Sushi
5821-C Old Shell Road

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

FIX THE COSTS FOR THE DEMOLITION OF STRUCTURE AT 2675 HAYLES STREET, $2,400.00 (DISTRICT 1). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-260-2010

Sponsored by: Councilmember Richardson

A RESOLUTION FIXING THE COSTS FOR THE DEMOLITION OF STRUCTURE AT 2675 HAYLES STREET

WHEREAS, notice has been duly given pursuant to Ordinance No. 11-085, adopted November 26, 2002, affording to all persons an opportunity to be heard concerning the fixing of cost for the demolition of structures at 2675 Hayles Street, and the City Council of the City of Mobile having held such public hearing in connection therewith;

Whereas, an itemized report in writing has been made to the City Council of the City of Mobile showing the costs involved in the demolition of structure at 2675 Hayles Street to be $2,400.00, and the City Council, having received the report and heard all objections which have been raised by any of the interested parties liable to be assessed for the cost of the work, finds and determines that such costs are reasonable and in all respects should be confirmed:

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE ALABAMA, as follows:

Section 1. The amount of $2,400.00 shall constitute a special assessment against the property at 2675 Hayles Street, and being that property more particularly described as follows:

LOTS 1 & 2 BLK 2 SOUTH MILLVILLE SUB DBK 128 P 253 LESS & EXC THAT PT INTO MOBILE ST #SEC 23 T4S R1W #MP29 07 23 0 002

Parcel # 02-29-07-23-00-02-096

Last assessed to: Margie Dianne Bush
2675 Hayles Street
Mobile, AL 36607

and the assessment hereby made and confirmed shall constitute a lien on and against said parcel of land for the amount of the assessment so made, and the report made to this Body of the costs for the demolition of structure upon said property is hereby in all respects confirmed.

Section 2. It is directed that a certified copy of this resolution shall be filed in the Office of the Judge of Probate of Mobile County, Alabama.

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

FIX THE COSTS FOR THE DEMOLITION OF STRUCTURE AT 408 CHIN STREET, $2,600.00 (DISTRICT 2). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-261-2010

Sponsored by: Councilmember Carroll

A RESOLUTION FIXING THE COSTS FOR THE DEMOLITION OF STRUCTURE AT 408 CHIN STREET

WHEREAS, notice has been duly given pursuant to Ordinance No. 11-085, adopted November 26, 2002, affording to all persons an opportunity to be heard concerning the fixing of cost for the demolition of structures at 408 Chin Street, and the City Council of the City of Mobile having held such public hearing in connection therewith;

Whereas, an itemized report in writing has been made to the City Council of the City of Mobile showing the costs involved in the demolition of structure at 408 Chin Street to be $2,600.00, and the City Council, having received the report and heard all objections which have been raised by any of the interested parties liable to be assessed for the cost of the work, finds and determines that such costs are reasonable and in all respects should be confirmed:

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE ALABAMA, as follows:

Section 1. The amount of $2,600.00 shall constitute a special assessment against the property at 408 Chin Street, and being that property more particularly described as follows:

LOT 38 BLK 1 EAST HIGHLANDS DBK 156 P 594 #SEC 44 T4S R1W #MP29 02 44 0 003

Parcel # R02-29-02-44-00-03-110

Last assessed to: Ernest Boykin, Jr.
c/o Wendell Boykin
452 Bay Bridge Road
Mobile, AL 36610

and the assessment hereby made and confirmed shall constitute a lien on and against said parcel of land for the amount of the assessment so made, and the report made to this Body of the costs for the demolition of structure upon said property is hereby in all respects confirmed.

Section 2. It is directed that a certified copy of this resolution shall be filed in the Office of the Judge of Probate of Mobile County, Alabama.

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

FIX THE COSTS FOR THE DEMOLITION OF STRUCTURE AT 1158 CHINQUAPIN STREET, $2,600.00 (DISTRICT 2). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-262-2010

Sponsored by: Councilmember Carroll

A RESOLUTION FIXING THE COSTS FOR THE DEMOLITION OF STRUCTURE AT 1158 CHINQUAPIN STREET

WHEREAS, notice has been duly given pursuant to Ordinance No. 11-085, adopted November 26, 2002, affording to all persons an opportunity to be heard concerning the fixing of cost for the demolition of structures at 1158 Chinquapin Street, and the City Council of the City of Mobile having held such public hearing in connection therewith;

Whereas, an itemized report in writing has been made to the City Council of the City of Mobile showing the costs involved in the demolition of structure at 1158 Chinquapin Street to be $2,600.00, and the City Council, having received the report and heard all objections which have been raised by any of the interested parties liable to be assessed for the cost of the work, finds and determines that such costs are reasonable and in all respects should be confirmed:

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE ALABAMA, as follows:

Section 1. The amount of $2,600.00 shall constitute a special assessment against the property at 1158 Chinquapin Street, and being that property more particularly described as follows:

LOT 5 BLK 43 FISHER TRT DBK 22 P 332 #SEC 13 T4S R1W #MP29 06 13 0 002

Parcel #R02-29-06-13-00-02-546

Last assessed to: Jeanine E. English
2901 SW 41st Street, Apt. 1408
Ocala, FL 34474

and the assessment hereby made and confirmed shall constitute a lien on and against said parcel of land for the amount of the assessment so made, and the report made to this Body of the costs for the demolition of structure upon said property is hereby in all respects confirmed.

Section 2. It is directed that a certified copy of this resolution shall be filed in the Office of the Judge of Probate of Mobile County, Alabama.

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

FIX THE COSTS FOR THE DEMOLITION OF STRUCTURE AT 553 ENGLISH STREET, $2,400.00 (DISTRICT 2). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-263-2010

Sponsored by: Councilmember Carroll

A RESOLUTION FIXING THE COSTS FOR THE DEMOLITION OF STRUCTURE AT 553 ENGLISH STREET

WHEREAS, notice has been duly given pursuant to Ordinance No. 11-085, adopted November 26, 2002, affording to all persons an opportunity to be heard concerning the fixing of cost for the demolition of structures at 553 English Street, and the City Council of the City of Mobile having held such public hearing in connection therewith;

Whereas, an itemized report in writing has been made to the City Council of the City of Mobile showing the costs involved in the demolition of structure at 553 English Street to be $2,400.00, and the City Council, having received the report and heard all objections which have been raised by any of the interested parties liable to be assessed for the cost of the work, finds and determines that such costs are reasonable and in all respects should be confirmed:

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE ALABAMA, as follows:

Section 1. The amount of $2,400.00 shall constitute a special assessment against the property at 553 English Street, and being that property more particularly described as follows:

LOT 2 BLK 6 WOLFF HGTS DBK 112 PG 191 #SEC 13 T4S R1W #MP29 06 13 0 003

Parcel # R02-29-06-13-00-03-074

Last assessed to: Zebbie D. Long
553 English Street
Mobile, AL 36603

and the assessment hereby made and confirmed shall constitute a lien on and against said parcel of land for the amount of the assessment so made, and the report made to this Body of the costs for the demolition of structure upon said property is hereby in all respects confirmed.

Section 2. It is directed that a certified copy of this resolution shall be filed in the Office of the Judge of Probate of Mobile County, Alabama.

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

FIX THE COSTS FOR THE DEMOLITION OF STRUCTURE AT 1559 GAYNOR STREET, $2,400.00 (DISTRICT 3). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-264-2010

Sponsored by: Councilmember Burrell

A RESOLUTION FIXING THE COSTS FOR THE DEMOLITION OF STRUCTURE AT 1559 GAYNOR STREET

WHEREAS, notice has been duly given pursuant to Ordinance No. 11-085, adopted November 26, 2002, affording to all persons an opportunity to be heard concerning the fixing of cost for the demolition of structures at 1559 Gaynor Street, and the City Council of the City of Mobile having held such public hearing in connection therewith;

Whereas, an itemized report in writing has been made to the City Council of the City of Mobile showing the costs involved in the demolition of structure at 1559 Gaynor Street to be $2,400.00, and the City Council, having received the report and heard all objections which have been raised by any of the interested parties liable to be assessed for the cost of the work, finds and determines that such costs are reasonable and in all respects should be confirmed:

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE ALABAMA, as follows:

Section 1. The amount of $2,400.00 shall constitute a special assessment against the property at 1559 Gaynor Street, and being that property more particularly described as follows:

LOT 22 BLK 4 GAYNOR TRT DBK 156 P 127 #SEC 28 T4S R1W #MP29 10 28 4 004

Parcel # R02-29-10-28-40-04-043

Last assessed to: Ernest & Frances J. McMillan
c/o Demetrius McCaskill
1559 Gaynor Street
Mobile, AL 36605

and the assessment hereby made and confirmed shall constitute a lien on and against said parcel of land for the amount of the assessment so made, and the report made to this Body of the costs for the demolition of structure upon said property is hereby in all respects confirmed.

Section 2. It is directed that a certified copy of this resolution shall be filed in the Office of the Judge of Probate of Mobile County, Alabama.

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

FIX THE COSTS FOR THE DEMOLITION OF STRUCTURE AT 5921 WINDHAM COURT, $3,065.00 (DISTRICT 6). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-265-2010

Sponsored by: Councilmember Hudson

A RESOLUTION FIXING THE COSTS FOR THE DEMOLITION OF STRUCTURE AT 5921 WINDHAM COURT

WHEREAS, notice has been duly given pursuant to Ordinance No. 11-085, adopted November 26, 2002, affording to all persons an opportunity to be heard concerning the fixing of cost for the demolition of structures at 5921 Windham Court, and the City Council of the City of Mobile having held such public hearing in connection therewith;

Whereas, an itemized report in writing has been made to the City Council of the City of Mobile showing the costs involved in the demolition of structure at 5921 Windham Court to be $3,065.00, and the City Council, having received the report and heard all objections which have been raised by any of the interested parties liable to be assessed for the cost of the work, finds and determines that such costs are reasonable and in all respects should be confirmed:

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE ALABAMA, as follows:

Section 1. The amount of $3,065.00 shall constitute a special assessment against the property at 5921 Windham Court, and being that property more particularly described as follows:

BEG NE COR OF LOT 28 YORKTOWN MBK 34 P 64 RUN E 67 FT TH S 57 FT TH W 67 FT TH N 57 FT TO POB *RED 2/6/84 CERT #85155 #SEC 21 T4S R2W #MP28 05 21 1 000

Parcel # R02-28-05-21-10-00-037.30

Last assessed to: East Drive Joint Venture
c/o Quadra Investments, Inc.
P. O. Box 8178
Mobile, AL 36608

and the assessment hereby made and confirmed shall constitute a lien on and against said parcel of land for the amount of the assessment so made, and the report made to this Body of the costs for the demolition of structure upon said property is hereby in all respects confirmed.

Section 2. It is directed that a certified copy of this resolution shall be filed in the Office of the Judge of Probate of Mobile County, Alabama.

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

RESCIND RESOLUTION 40-262 ADOPTED MAY 22, 2007, DECLARING THE STRUCTURE AT 1055 PERSIMMON STREET A PUBLIC NUISANCE (DISTRICT 2). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-266-2010

Sponsored by: Councilmember Carroll

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that Resolution No. 40-262, adopted May 22, 2007, declaring the structure at 1055 Persimmon Street a public nuisance, be declared null and void and rescinded in its entirety.

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Hudson, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

DECLARE WEEDS NOXIOUS, GROUP #1431. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-267-2010

A RESOLUTION DECLARING WEEDS GROWING UPON THE STREETS OR SIDEWALKS AND UPON PRIVATE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF MOBILE TO BE NOXIOUS OR DANGEROUS AND TO BE PUBLIC NUISANCES AND PROVIDING FOR THE ABATEMENT OF SUCH NUISANCES.

WHEREAS, a survey has been made to determine the properties upon which or in front of which noxious or dangerous weeds are growing, and the agents or employees of the City of Mobile have obtained the legal description of parcels of property in the City of Mobile upon which or in front of which such weeds are growing, and it has been determined to follow the provision of Act No. 329 of the Legislature of the State of Alabama, approved on April 28, 1988, and to have caused such weeds to be cut or otherwise abated as public nuisances:

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE as follows:

SECTION 1. It has been determined by the City Council of Mobile that the weeds growing on the privately owned lots or parcels of land described in Exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part thereof as though set forth in full, known as Group #1431, under the caption "NOXIOUS OR DANGEROUS WEEDS GROWING ON PROPERTY" are noxious and dangerous, and such weeds are hereby declared to be public nuisances. The properties upon which such weeds are growing are all located within the corporate limits of the City of Mobile, about the streets referred to in the description which are more particularly described in said Exhibit "A."

SECTION 2. The weeds growing on or in front of the above described parcels of property shall be abated by the removal of such noxious or dangerous weeds, or they will be removed and the nuisances abated by the City of Mobile, in which case the cost of such removal will be assessed against the respective parcels of lands from which such weeds are removed, and such cost will constitute a lien upon such respective parcels of land until paid. A public meeting is hereby called to be held in the Auditorium of the Mobile Government Plaza, 205 Government Street, Mobile, Alabama, on the 27th day of July, 2010, at ten thirty a.m. for the purposes of hearing any objections to the declarations contained in this resolution and to the proposed removal of such weeds, at which time all objections will be heard and given due consideration by the City Council of Mobile; and it is directed that there shall be conspicuously posted in front of each parcel of property, a notice headed "NOTICE TO DESTROY WEEDS," such heading to be in words not less than one inch in height and substantially in the form set out in such Act No. 329, approved April 29, 1988.

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Hudson, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

ASSESS COST FOR REMOVAL OF WEEDS, GROUP #1422. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-268-2010

RESOLUTION ASSESSING THE COST OF REMOVAL OF NOXIOUS OR DANGEROUS WEEDS IN FRONT OF OR ON CERTAIN PARCELS OF LAND IN THE CITY OF MOBILE, ALABAMA

WHEREAS, an itemized report in writing has been made to the City Council of Mobile, showing the costs of removing noxious or dangerous weeds on or in front of the hereinafter described parcels of land, a copy of such report having first been posted on the Council Chamber door more than three days prior to the meeting at which the report was received, and the City Council having heard the report, together with any objections which may have been raised by any of the property owners liable to be assessed for the work of cutting such weeds, and the City Council being of the opinion that such report in all respects be confirmed:

IT IS THEREFORE RESOLVED BY THE CITY COUNCIL OF MOBILE as follows:

Section 1. The amount set opposite each described parcel of real property contained in exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part hereof as though set forth in full and known as Group #1422, shall constitute special assessments against such respective parcels of land; and each such parcel of land is hereby assessed with the amount set opposite its description; and the assessment hereby made and confirmed shall constitute a lien on and against each such respective parcel of land for the amount of each respective assessment so made; and the report made to this body of the costs of removing the noxious or dangerous weeds on or in front of the respective parcels of land is hereby in all respects confirmed.

Section 2. It is directed that a copy of this resolution be delivered to the Tax Collector of the City of Mobile, and it shall be his duty to add the amounts of the above respective assessments to the next regular bills for ad valorem taxes levied against the said respective lots and parcels of land for municipal purposes, and such amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and same procedure on foreclosure and sale as in the case of delinquency as provided for ordinary ad valorem taxes.

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Hudson, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE ZERO ACCIDENT PROGRAM (ZAP) AWARDS FOR MAY, 2010. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 60-269-2010

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Council join together through the City of Mobile’s Zero Accident Program (ZAP) to authorize City supervisors to extend awards, pursuant to Section 11-40-22 Code of Alabama 1975, to the selected employees on the attached list who incurred no disqualifying events as outlined in the professional services contract with Comp Management Associates, Inc.

These employees are to be commended for serving as role models to their peers on safe work habits and work performance which contributes to reducing the City’s operational costs associated with worker’s compensation claims and damage to city assets.

May 2010 ZAP Award Winners

Lee Bush, Jr.
Derrick Hill
Chris Holland
Demarion Jones
Henry Lee
Steven Lester
Bruce Snyder
Clarence White
Bill Carroll
Rick Long
James Arthur
Anthony Collins
Brian Holmes
Eric Kral
James Mitchell
Joe Woodward
Steve Galle
David Roberts
Juan Draine
Willie Gardner
Gary Lewis
Daniel Russell
Ira Wells
Jennifer White
Walter Ledbetter
Wallace Griffin
Leroy Kennell
Antonio Franks
Kenneth Thomas
Wayne Cunningham
Melvin Watson
Morgan Turner
Leriol Chaney
Cecil Young
Talaine Dykes
Larry Stanton
Travesia Agee
Tony Young
Ernest Livingston
Adrian Hunter
Ricki McCall
Javan Williams
Preston Moore
Jeffery Whittaker
Charles Franks
George Perry
David Mack
Tydrick Pore

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Hudson, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

ANNOUNCEMENTS:

Councilmember Burrell announced that the Arlington Point Park dedication will be Thursday, June 24, 2010, at 9:30 a.m.

Councilmember Hudson noted that the 53rd National Finals of the Junior Miss Scholarship Program will be this week, June 24-26, 2010.

Councilmember Gregory reminded everyone that Market in the Park continues every Thursday from 3:00 p.m. until 6:00 p.m. in Langan Park at the Mobile Museum of Art.

Councilmember Gregory stated she will hold a summer District 7 meeting on Thursday, June 24, 2010, at the Mobile Museum of Art.

Councilmember Gregory congratulated the Athey Road Community Action Group on the great turnout at their bake sale and yard sale last Saturday.

Councilmember Gregory reported that the Hillsdale Recreation Center “Friends and Family” event was a success in spite of the rain.

Councilmember Gregory remarked that she played in the Adult 2 State Tennis Tournament last weekend at the Copeland-Cox Tennis Center. Councilmember Gregory complimented Scott and Lorraine Novak for their successful efforts in coordinating the tournament.

Councilmember Williams thanked the administration for cooperating with the representative from Maitre Park.

Councilmember Williams asked the administration to help restore the funding for park equipment at Dog River Park.

Councilmember Williams congratulated the 8-year-old Mims Park All Star team. Councilmember Williams was the coach for the team.

Councilmember Copeland acknowledged that Jo Ann and Milton Bolling were honored as Senior Volunteers of the Year for the Mary Abbie Berg Center on Dauphin Street.

Councilmember Copeland congratulated his friend, Robert Weaver, who is hosting the Cook Family Reunion bringing 200 visitors to the City of Mobile.

Councilmember Richardson announced that the Tricentennial Park plantlife markers will be unveiled on Monday, June 28, 2010. Councilmember Richardson also noted that the unveiling of the marker in honor of the Frank Battles Park Pavilion will be that day.

Mayor Jones commented on the denial of the rezoning ordinances today and the way it may affect the decision of developers who consider coming to Mobile.

The Presiding Officer adjourned the meeting at 12:15 p.m.

Approved: July 13, 2010


_____________________________
COUNCIL PRESIDENT

_____________________________
CITY CLERK

Search: