Mobile Government

CITY COUNCIL MEETINGS: Minutes and Agendas


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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 Feb 15, 2011

MUNICIPAL BUILDING, MOBILE, ALABAMA, FEBRUARY 15, 2011

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, February 15, 2011, at 9:00 a.m.

Present:
Chairman: Copeland
Councilmembers: Richardson, Carroll, Burrell, Williams, Rich, 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: March 1, 2011


_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK


MUNICIPAL BUILDING, MOBILE, ALABAMA, FEBRUARY 15, 2011

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, February 15, 2011, at 10:30 a.m., in regular meeting.

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

Pastor Jim Warren, Manor Baptist Church, offered the invocation.

The Presiding Officer led the Pledge of Allegiance.

A moment of silence was observed in memory of Mr. Joseph Devereaux Bemis, father of Mr. Devereaux Bemis of the Mobile Historic Development Commission.

Present on Roll Call:

Chairman: Copeland
Councilmembers: Richardson, Carroll, Burrell, Williams, Rich, 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.

COMMUNICATIONS FROM THE MAYOR:

Mayor Jones presented a Certificate of Recognition to Officer Earl B. Smith, “Officer of the Month” for January, 2011.

Mr. Bud Ratliff, Director of the Mobile Bay Sports Authority, presented the Council with a report on the Third Annual Nike Coach of the Year Clinic held at the Renaissance Riverview Plaza Hotel, February 10-12, 2011. Mr. Ratliff also announced several upcoming sporting events taking place in Mobile, including the Professional Red Fish Tournament during the last week in June, the Olympic U. S. A. Junior National Boxing Championships, the Alabama Arm Wrestling and Wrist Wrestling Championship and the Alabama High School Athletic Association Regional Basketball Tournament.

MONTHLY FINANCE REPORT:

The City Clerk stated that Mrs. Barbara Malkove was not present to read the Monthly Finance Report; however, the report had been e-mailed to the Council prior to the meeting.

ADOPTION OF THE AGENDA:

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

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

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

PUBLIC HEARINGS

PUBLIC HEARING TO REZONE PROPERTY AT 1016 HILLCREST ROAD (WEST SIDE OF HILLCREST ROAD, 470’+ SOUTH OF WALL STREET), FROM B-2 AND B-3 TO B-3, TO AMEND THE CONDITION OF A PREVIOUS REZONING TO ALLOW VISITATION AT AN EXISTING FUNERAL HOME AND ELIMINATE SPLIT ZONING IN A PROPOSED COMMERCIAL SUBDIVISION AND ALLOW FUNERAL HOME PARKING EXPANSION (DISTRICT 6) (APPLICANT: ANIL BADVE). The Presiding Officer announced that today was the day for the public hearing to rezone property at 1016 Hillcrest Road (west side of Hillcrest Road, 470’+ South of Wall Street), from B-2 and B-3 to B-3, to amend the condition of a previous rezoning to allow visitation at an existing funeral home and eliminate split zoning in a proposed commercial subdivision and allow funeral home parking expansion, and asked if there was anyone present to speak for or against this matter. Mr. Anil Badve, applicant, was present. There was no one present in opposition.

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

PUBLIC HEARING TO CONSIDER DEVELOPMENT OF A CANINE PARK IN THE MEDAL OF HONOR PARK (DISTRICT 6). The Presiding Officer announced that today was the day for the public hearing to consider development of a canine park in the Medal of Honor Park, and asked if there was anyone present to speak for or against this matter.

Mr. Danny Weemes, 6279 Howell’s Ferry Road, and Ms. Kim Gully, 900 Schaub Avenue, both of the Friends of Mobile Dog Park, were present to outline their plans for a canine park in Medal of Honor Park. Councilmembers Williams and Rich commented on their remarks.

Councilmember Rich read a letter from Mr. Philip Schermer, president of the Hickory Ridge Homeowners Association, for the record:

“I am writing in regards to the proposed dog park at Medal of Honor Park here in Mobile. I am currently a resident of Hickory Ridge subdivision which is adjacent to the proposed area and a life long resident of Mobile. I am also the President of the Hickory Ridge Homeowners Association (HRHA) so my views will be both personal and from my position with the association.

I first became involved with this proposal when you contacted the HRHA in early December and have since worked with you, Jane Conkin, Danny Weemes, Dan Otto of the parks department and Byrd Surveying. The Dog Park Group made a presentation at our neighborhood meeting on January 11th and a resident proposed another area behind the water tower for the park. I met with the resident and Dan Otto regarding this area and it was eventually determined that the originally proposed area was better suited.

Based on the plans presented to me and the HRHA, I do not find that any adverse effects would be caused by the location of this dog park. The plans call for a 125 foot buffer set back from the resident’s property along Timberly Road North to be left in its natural state.

There are only two technicalities that I would like to see addressed in the approval of this project that came from the HRHA meeting and from the public meeting on January 26th. The first is concerning lighting of the proposed dog park area. I am confident with the assurances that I have already received that this area will not be lit initially; however, I feel that a “no lights” clause should be written into the approval of this project. This would be to ensure that lights and/or possible extended hours would not disturb the adjacent residents in the future. The second is regarding a heavily used trail that runs through the woods behind the proposed dog park in the buffer set back. The proposed area will intersect with a portion of this trail in the southwest corner causing the trail to be moved or the dog park fence to be relocated. It is my recommendation that the fence be relocated the small distance required and leave the current trail in tact.

Finally, I am in support of the proposed dog park and feel that it will benefit the residents of Mobile.”

Councilmember Richardson related his concerns regarding maintenance of the park because it would not be done by the City.

Councilmember Gregory commended the Friends of the Dog Park for their hard work and dedication.

Councilmember Copeland recognized Mrs. Jane Baxter Conkin, former Mobile City Council Member, who was present in support of the canine park.

No one was present in opposition.

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 DETERMINE IF THE PROPERTY LOCATED AT 2905 EDGEWOOD STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 1). The Presiding Officer announced that today was the day for the public hearing to determine if the property located at 2905 Edgewood Street is a public nuisance and order it repaired or demolished, 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 DETERMINE IF THE PROPERTY LOCATED AT 1508 ADAMS STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2). The Presiding Officer announced that today was the day for the public hearing to determine if the property located at 1508 Adams Street is a public nuisance and order it repaired or demolished, 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 DETERMINE IF THE PROPERTY LOCATED AT 900 CHERRY STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2). The Presiding Officer announced that today was the day for the public hearing to determine if the property located at 900 Cherry Street is a public nuisance and order it repaired or demolished, 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 DETERMINE IF THE PROPERTY LOCATED AT 913 CHERRY STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2). The Presiding Officer announced that today was the day for the public hearing to determine if the property located at 913 Cherry Street is a public nuisance and order it repaired or demolished, 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 DETERMINE IF THE PROPERTY LOCATED AT 1104 STATE STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2). The Presiding Officer announced that today was the day for the public hearing to determine if the property located at 1104 State Street is a public nuisance and order it repaired or demolished, 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 DETERMINE IF THE PROPERTY LOCATED AT 2359 DAUPHIN ISLAND PARKWAY IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 3). The Presiding Officer announced that today was the day for the public hearing to determine if the property located at 2359 Dauphin Island Parkway is a public nuisance and order it repaired or demolished, 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 DETERMINE IF THE PROPERTY LOCATED AT 1557 GAYNOR STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 3). The Presiding Officer announced that today was the day for the public hearing to determine if the property located at 1557 Gaynor Street is a public nuisance and order it repaired or demolished, 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 DETERMINE IF THE PROPERTY LOCATED AT 1101 SUTTON AVENUE IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 3). The Presiding Officer announced that today was the day for the public hearing to determine if the property located at 1101 Sutton Avenue is a public nuisance and order it repaired or demolished, 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 DETERMINE IF THE PROPERTY LOCATED AT 404 PINEHILL DRIVE IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 5). The Presiding Officer announced that today was the day for the public hearing to determine if the property located at 404 Pinehill Drive is a public nuisance and order it repaired or demolished, 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:

None

(B) AGENDA ITEMS:

Mr. William Lucy, 765 Donald Street, appeared before the Council regarding Resolution 09-056-2011 (appropriation of capital improvement funds). Councilmembers Richardson and Carroll responded to his comments.

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 64-016, which motion was seconded by Councilmember Copeland, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for this item.

ORDINANCES BEING INTRODUCED:

REZONE PROPERTY AT 1016 HILLCREST ROAD (WEST SIDE OF HILLCREST ROAD, 470’+ SOUTH OF WALL STREET), FROM B-2 AND B-3 TO B-3 (DISTRICT 6) (APPLICANT: ANIL BADVE). This ordinance was introduced by Councilmember Rich.

ORDINANCE 64-016-2011

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 2 AND 3, H.S. NORDEN PLACE, ACCORDING TO PLAT THEREOF RECORDED IN THE OFFICE OF THE JUDGE OF PROBATE COURT OF THE COUNTY OF MOBILE, ALABAMA, IN MAP BOOK 53, PAGE 42.

The classification of said property is hereby changed from B-2, Neighborhood Business District, and B-3, Community Business District, to B-3, Community Business 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 B-3, Community Business 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 B-3, Community Business District, until all of the conditions set forth below have been complied with: 1) completion of the Subdivision process; 2) provision of a 6’ high privacy fence, in compliance with Section 64-4.D. of the Zoning Ordinance, where the site abuts residentially zoned property to the West; 3) revision of the site plan to comply with the requirements of the Zoning Ordinance; 4) compliance with Traffic Engineering comments: (Driveway number, size, location, and design to be approved by Traffic Engineering and conform to AASHTO standards. Narrow driveway widths to sixteen feet or less and improve the radii to twenty feet. Sign and mark the driveways as one-way. An abbreviated traffic impact study is required for this development.) ; 5) revision of the site plan to either show a compliant dumpster or the placement of a note on the site plan stating that no dumpster will be utilized on the site; 6) approval of all applicable federal, state, and local agencies is required for endangered, threatened, or otherwise protected species, if any, prior to the issuance of any permits or land disturbance activities; 7) subject to Engineering comments: (Must comply with all stormwater and flood control ordinances. Any increase in impervious area in excess of 4,000 square feet will require detention. Need to indicate size and type of drainage structures located in drainage easement. Need an Engineer’s certification of that the receiving storm drainage system has the capacity and functionality to receive the proposed runoff. The radii for the proposed driveway shall be a minimum of 20’ and the width of the proposed drive shall be a minimum of 24’, unless approved otherwise by Traffic Engineering and ROW. Any work performed in the right-of-way as well as any public drainage easement will require a right-of-way permit. Drainage from any dumpster pads cannot discharge to storm sewer; must have connection to sanitary sewer); and, 8) full compliance with all other 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; and unanimous consent for its immediate consideration being granted, Councilmember Rich moved its adoption, which motion was seconded by Councilmember Burrell, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Rich, 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. 64-016, Series 2011, 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, 2011.


______________________________
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 37-057 through 58-069, with the exception of 09-056, which motion was seconded by Councilmember Gregory, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for all items, with the exception of 09-056, which would be laid over according to procedure.

RESOLUTIONS BEING INTRODUCED:

APPROPRIATE $1,300,000.00 IN THE MUNICIPAL GOVERNMENT CAPITAL IMPROVEMENT FUND (580) FOR VARIOUS PROJECTS. The following resolution was laid over for one (1) week to the regular meeting of Tuesday, February 22, 2011.

RESOLUTION 09-056-2011

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $1,300,000.00 be appropriated in the Municipal Government Capital Improvement Fund (Fund 580) for the following capital projects:

Debt Service-Regional Comm & Senior Ctr 390,062.50
Reserve for Contingencies-TIF 300,000.00
Public Building Maintenance 50,000.00
Mechanical Maintenance 50,000.00
Police Bldg-850 St. Anthony Pkg Lot 30,000.00
Buildings & Grounds 279,937.50
City-Wide Storm Drain & Pipes Projects 200,000.00

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A SPECIAL EVENTS RETAIL LICENSE FOR STUDIO MARDI GRAS, 214 DAUPHIN STREET [FROM MARCH 4 – MARCH 8]. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 37-057-2011

Sponsored by: Councilmember Carroll

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: Special Events Retail

Submitted by: Davnoe LLC

Location: Studio Mardi Gras
214 Dauphin Street
Mobile, AL 36602

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, Rich, Gregory, Copeland
Nays: None

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

DECLARE THE STRUCTURE AT 2905 EDGEWOOD STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 1). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-058-2011

Sponsored by: Councilmember Richardson

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 2905 Edgewood Street has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the structure at 2905 Edgewood Street described as:

LOT 3 BLK N NEESE ADD TO CRICHTON MBK 4 NS P 168 #SEC 18 T4S R1W #MP29 08 18 1 002

Parcel # # 02-29-08-18-10-02-112

Last Assessed to: Arthur Robert Pierce
8500 W South Street
Citronelle, AL 36522

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also 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, Rich, Gregory, Copeland
Nays: None

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

DECLARE THE STRUCTURE AT 1508 ADAMS STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-059-2011

Sponsored by: Councilmember Carroll

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1508 Adams Street has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the structure at 1508 Adams Street described as:

LOT 17 R C GORDON SUBD MBK 114 PG 434 #SEC 25 T4S R1W #MP29 07 25 0 005

Parcel # # 02-29-07-25-00-05-066

Last Assessed to: Rena Cowles, Maggie Swift & Louvenia Sinclair
1508 Adams Street
Mobile, AL 36606

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also 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, Rich, Gregory, Copeland
Nays: None

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

DECLARE THE STRUCTURE AT 900 CHERRY STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-060-2011

Sponsored by: Councilmember Carroll

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 900 Cherry Street has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the structure at 900 Cherry Street described as:

LOT 16 BLK 4 LINCOLN PLACE NO 1 DBK 156 P 233 #SEC 44 T3S R1W #MP22 08 44 0 019

Parcel # # 02-22-08-44-00-19-057

Last Assessed to: Jessie M. Marshall
1012 Wellington Street
Mobile, AL 36617

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also 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, Rich, Gregory, Copeland
Nays: None

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

DECLARE THE STRUCTURE AT 913 CHERRY STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-061-2011

Sponsored by: Councilmember Carroll

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 913 Cherry Street has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the structure at 913 Cherry Street described as:

LOT 4 IN BLK 3 IN LINCOLN PL #1 DBK 156/233 BEING A RES/D OF 13 1/2 ACS IN THE N 1/2 OF LOT 5 OF THE OWEN EARL SIMS & GRIFFIN S/D OF THE ST LOUIS TRT DBK 7 O S P 500 #SEC 44 T3S R1W #MP22 08 44 0 019

Parcel # # 02-22-08-44-00-19-137

Last Assessed to: Strategic Municipal Investment
179 Washington Lane
Jenkintown, PA 19046

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also 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, Rich, Gregory, Copeland
Nays: None

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

DECLARE THE STRUCTURE AT 1104 STATE STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-062-2011

Sponsored by: Councilmember Carroll

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1104 State Street has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the structure at 1104 State Street described as:

PT GRT SEC 40 T4S R1W DESC AS COMG AT NW COR STATE & KENNEDY STS TH WLY 73 FT TO BEG TH CONT WLY 22 FT TH NLY 100.05 FT TH ELY 22 FT TH SLY 100 FT TO POB #SEC 40 T4S R1W #MP29 06 40 0 004

Parcel # # 02-29-06-40-00-04-609

Last Assessed to: Jocephus James & Rosie Lee
1866 N Mott Drive
Mobile, AL 36617

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also 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, Rich, Gregory, Copeland
Nays: None

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

DECLARE THE STRUCTURE AT 2359 DAUPHIN ISLAND PARKWAY A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 3). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-063-2011

Sponsored by: Councilmember Burrell

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 2359 Dauphin Island Parkway has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the structure at 2359 Dauphin Island Parkway described as:

PT OF LOT 7 ROSEALE BEING 2ND SUBDIV OF OLD CLEVELAND H/S DBK 126/71 WHICH LIES S OF PRESENTR/W/L OF ROSEDALE RD & N OF R/W/L OF FULTON RD EXT & BEING MORE PARTIC DESC AS BEG AT IRON PIPE SD PIPE BEING PT OF INTERSECTION OF S R/W/L OF ROSEDALE RD & & ELY R/W/L OF FULTON RD 120 FT WIDE TH N 85 DEG 31 MIN E 243.95 FT TO PT TH S 03 DEG 48 MIN W 138.55 FT TO PT TH N 63 DEG 0 MIN W 262.61 FT TO POB NUMBERED AS 2359 DAUPHIN ISLAND PKWY #SEC 35 T5S R1W #MP32 04 35 0 005

Parcel # # 02-32-04-35-00-05-013

Last Assessed to: Krupp Oil Company
2513 31st Street SW
Birmingham, AL 35221

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also 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, Rich, Gregory, Copeland
Nays: None

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

DECLARE THE STRUCTURE AT 1557 GAYNOR STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 3). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-064-2011

Sponsored by: Councilmember Burrell

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1557 Gaynor Street has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the structure at 1557 Gaynor Street described as:

LOT 23 BLK 4 GAYNOR TRT DBK 156 NS P 127 #SEC 28 T4S R1W #MP29 10 28 4 004

Parcel # # 02-29-10-28-40-04-044

Last Assessed to: Michael David O’Neal
PSC 477 Box 60
FPO AP 936306

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also 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, Rich, Gregory, Copeland
Nays: None

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

DECLARE THE STRUCTURE AT 1101 SUTTON AVENUE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 3). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-065-2011

Sponsored by: Councilmember Burrell

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1101 Sutton Avenue has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the structure at 1101 Sutton Avenue described as:

BEG AT PT ON S/L O FUSTTON AVE 349 FT E OF E/L OF PPTY HERETOFORE CONVEYED TO JOHN H STIBES TH ELY & ALG S/L OF SUTTON AVE 100 FT TO PT TH WITH AN INT ANG OF 73 DEG 38 MIN SLY 148 FT TO PT TH WITH INT ANG OF 106 DEG 22 MIN WLY 100 FT TO PT TH NLY 148 FT TO POB BEING LOT 6 & 7 GEORGE L CHAMBERS S/D DBK 156 P 600 #SEC 36 T4S R1W #MP29 11 36 0 003

Parcel # # 02-29-11-36-00-03-044

Last Assessed to: John Willis & Georgia
1700 Lomeroy Street
Montgomery, AL 36604

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also 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, Rich, Gregory, Copeland
Nays: None

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

DECLARE THE STRUCTURE AT 404 PINEHILL DRIVE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 5). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-066-2011

Sponsored by: Councilmember Copeland

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 404 Pinehill Drive has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the structure at 404 Pinehill Drive described as:

PT OF LOT 7 BLK 9 GOVT ST HGTS DBK 124 NS P 216 DESC AS COM AT PT ON S/L OF GOVT ST 80 FT R/W & W R/W OF PINEHILLL DR -60 FT R/W- BEING ALSO NE COR OF LOT 5 BLK 9 GOVT ST HGTS RUN TH SLY & ALG E/L OF SD LOT 5 & W/L OF PINEHILL DR 105 FT TH RUN WITH DEFL ANG TO RT OF 90 DEG RUN WLY 87.5 FT TO PT ON E/L OF SD LOT 7 & POB OF PPTY HEREIN DESC TH WITH DEFL ANG TO LT OF 90 DEG RUN SLY & ALG SD E/L 29.25 FT WITH DEFL ANG TO RT OF 90 DEG RUN WLY 43.75 FT TO PT ON E/L OF LOT 7 & POB ALSO BEG AT PT ON W/L OF PETTUS ST 105 FT SLY FROM SW COR OF PETTUS & GOVT ST TH RUN SLY ALG W/L OF PETTUS ST 45 FT TO PT AT SE COR OF LOT 5 BLK 9 GOVT ST HGTS DBK 124 NS P 219 RUN TH WLY ALG S/L OF LOT 5 & 6 BLK 9 92 FT TO SW COR OF LOT 6 RUN TH NLY ALG W/L OF LOT 6 72.4 FT TO PT TH RUN ELY 87.5 FT TO W/L OF PETTUS ST & POB ALSO ALL THAT PT OF LOT 7 BLK 9 GOVT ST HGTS DBK 124 NS FT TO PT ON W/L OF LOT 7 RUN TH SLY ALG W/L OF LOT 7 56.85 FT TO PT ON SW COR OF LOT 67 TH RUN ELY ALG S/L OF LOT 7 46 FT TO POB #SEC 29 T4S R1W #MP29 09 29 1 002

Parcel # # 02-29-09-29-10-02-078

Last Assessed to: Stanley L. Turner & Ellen T.
P. O. Box 160322
Mobile, AL 36616

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also 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, Rich, Gregory, Copeland
Nays: None

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

APPROVE DEVELOPMENT OF A CANINE PARK IN THE MEDAL OF HONOR PARK. The following resolution was introduced by Councilmember Rich.

RESOLUTION 41-067-2011

Sponsored by: Mayor Jones and Councilmember Rich

WHEREAS, the City of Mobile previously obtained that certain real property formerly known as “Cottage Hill Park” for park purposes; and,

WHEREAS, pursuant to Resolution No. 46-257, adopted by the Mobile City Council on April 17, 2001, said park was renamed “Medal of Honor Park”; and,

WHEREAS, a large segment of Medal of Honor Park presently remains undeveloped; and,

WHEREAS, the City of Mobile recognizes the need for a safe place for its citizens to exercise and play with their dogs; and,

WHEREAS, Ordinance 43-020, adopted March 19, 1991, mandates that the City of Mobile shall not develop any undeveloped park property without first giving notice by posting conspicuous signs in the area of the park to be affected; and,

WHEREAS, the City already has posted signs giving notice of its intent to designate the following described, undeveloped portions of Medal of Honor Park as a canine park;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the approximately four (4) acre portion of Medal of Honor Park which is depicted on the aerial map attached hereto (a copy of which also is on file in the office of the City Clerk) is hereby designated to be developed and used as a canine park.

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Rich moved its adoption, which motion was seconded by Councilmember Gregory. Councilmember Richardson offered the following amendment and moved its adoption, which motion was seconded by Councilmember Copeland:

“BE IT FURTHER RESOLVED that the development of said canine park and the construction of all improvements necessary in connection therewith shall be paid for by private funds and donations and that no public funds shall be used in connection with the development, construction and maintenance of said canine park.”

Councilmember Rich commented that the Friends of Mobile Dog Park was a non-profit organization and that the bulk of the funding would be provided by the estate of Mr. Julian Marx. She commended the Friends of Mobile Dog Park.

Councilmember Richardson reiterated his concerns regarding maintenance and making sure that the City was not held liable.

Councilmember Copeland called for the vote regarding the amendment and the vote was as follows:

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

Councilmember Copeland called for the vote regarding the entire resolution as amended and the vote was as follows:

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

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

DECLARE WEEDS NOXIOUS, GROUP #1449. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-068-2011

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 #1449, 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 22nd day of March, 2011, 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 Gregory, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Rich, 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 #1424. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-069-2011

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 #1424, 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 Gregory, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Rich, Copeland
Nays: None

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

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO REZONE PROPERTY AT 1916 DAUPHIN ISLAND PARKWAY (WEST SIDE OF DAUPHIN ISLAND PARKWAY, 560’± NORTH OF OLD MILITARY ROAD, EXTENDING WEST TO ROYS LANE) FROM B-2 TO R-1 (DISTRICT 4) (APPLICANT: ROBERT D. & DEBRA B. WILLIAMS). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 41-070-2011

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the City Clerk be, and she hereby is, instructed to publish the attached proposed amendment to the Zoning Ordinance at least once a week for two consecutive weeks in a newspaper of general circulation within the municipality, together with the attached notice stating the time and place that said proposed amendment is to be considered by the City Council, and further stating that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of such amendment.

NOTICE OF HEARING ON PROPOSED AMENDMENT TO THE ZONING ORDINANCE

Notice is hereby given that the City Council of Mobile proposes to consider the adoption of the attached amendment to the Ordinance adopted on the 16th day of May, 1967, and known as the "Zoning Ordinance." The adoption of such amendment will be considered by the City Council of Mobile in the Mobile Government Plaza Auditorium, 205 Government Street, Mobile, Alabama, on the 15th day of March, 2011, at 10:30 a.m. At such time and place all persons who desire shall have an opportunity to be heard in opposition to, or in favor of the amendment. Furthermore, the City Council, at this public hearing, may consider zoning classifications other than that sought by the applicant for this property.

This notice is published pursuant to a resolution of the City Council of Mobile adopted on the 15th day of February, 2011.

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:

BEGINNING AT THE NORTHWEST CORNER OF LOT 5, FOREST PARK, AS RECORDED IN MAP BOOK 3, PAGE 43 OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE, MOBILE COUNTY ALABAMA; THENCE RUN NORTH 83°-24’-47” EAST AND ALONG THE NORTH LINE OF SAID LOT 5 A DISTANCE OF 52.18 FEET; THENCE RUN SOUTH 06°-35’-52” EAST A DISTANCE OF 99.43 FEET TO THE SOUTH LINE OF SAID LOT 5; THENCE RUN SOUTH 83°-24’-08” WEST AND ALONG THE SOUTH LINE OF SAID LOT 5 A DISTANCE OF 62.75 FEET TO THE SOUTHWEST CORNER OF SAID LOT 5; THENCE RUN NORTH 00°-31’-50”WEST AND ALONG THE WEST LINE OF SAID LOT 5 A DISTANCE OF 100 FEET TO THE POINT OF BEGINNING.
The classification of said property is hereby changed from B-2, Neighborhood Business District, to R-1, Single Family Residential 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 R-1, Single Family Residential 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-1, Single Family Residential District until all of the conditions set forth below have been complied with: 1) completion of the subdivision process prior to any requests for permits for residential or commercial uses; and 2) 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 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 Burrell, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Rich, Copeland
Nays: None

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

CALL FOR PUBLIC HEARING TO CONSIDER THE APPLICATION OF MARINKO GERSAK D/B/A GERSAK TAXI FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE A TAXI SERVICE. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 41-071-2011

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the City Clerk be, and she hereby is, instructed to publish in a newspaper of general circulation within the municipality the attached notice stating the time and place a proposed resolution is to be considered by the City Council and further stating that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of the proposed resolution.

NOTICE OF HEARING ON PROPOSED CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A LIMOUSINE SERVICE

Notice is hereby given that the City Council of Mobile, Alabama, proposes to consider the granting of a Certificate of Public Convenience and Necessity to Marinko Gersak d/b/a Gersak Taxi to operate a taxi service in the City of Mobile. The adoption of such Certificate will be considered by the City Council in the Auditorium of the Mobile Government Plaza located at 205 Government Street, Mobile, Alabama, on Tuesday, the 1st of March, 2011, at 10:30 a.m. At such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of the proposed resolution.

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 Burrell, and the vote was as follows:

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

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

ANNOUNCEMENTS:

Councilmember Burrell extended gratitude to Fire Chief Stephen Dean, Assistant Fire Chief Billy Pappas and the crew of Fire Station #20 for their warm hospitality during the open house for the newly renovated facility. He encouraged citizens to be safe during the Mardi Gras season.

Councilmember Richardson announced that details will be forthcoming regarding his 2011 beat meetings, which will begin in March.

Councilmember Gregory reported that she will be meeting tonight with residents of the Mobile Terrace community regarding a proposed rezoning on Ninth Street for a youth community center so the applicant can address neighbors’ concerns prior to the public hearing before the Planning Commission on Thursday, February 17, 2011.

Councilmember Carroll stated that the youth basketball season had ended and that tournaments will begin this weekend. He encouraged citizens to get their children involved in team sports.

Councilmember Carroll said that last week he attended the African American Archives banquet in celebration of Black History Month. He urged citizens to remember the contributions minorities had made over the years to the City of Mobile as well as the State of Alabama.

Councilmember Carroll commented that the first Mardi Gras parade for Mobile will take place on Friday, February 18, 2011, and advised everyone to be safe.

Councilmember Williams thanked the Administration for their participation in a meeting at Cypress Shores Baptist Church last week where a representative of Urban Development explained some pending Planning Commission applications whereby a new property owner was planning to enhance an existing trailer park. Councilmember Williams said the meeting resulted in the withdrawal of a rezoning application and subsequent community support of the other applications.

Councilmember Williams said he had spoken with his appointment to the Mobile Museum Board, and they wished to join with Councilmember Carroll and other interested Council Members in drawing the proper national attention to Africatown.

Councilmember Williams reminded everyone that this was the last week for baseball registration for most of the organizations.

Mayor Jones announced that there will be a luncheon today with Florida A & M University students who had worked with the Urban Development on the City’s master plan. He said the students will be presenting their project at 12:00 p.m. in the Multi-Purpose Room.

Mayor Jones commended the Friends of Mobile Dog Park for the professional manner in which they presented their plan.

The Presiding Officer adjourned the meeting at 11:20 a.m.

Approved: March 1, 2011


_____________________________
COUNCIL PRESIDENT

_____________________________
CITY CLERK








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