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 Jul 21, 2009
MUNICIPAL BUILDING, MOBILE, ALABAMA, JULY 21, 2009
The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza, Tuesday, July 21, 2009, at 9:00 a.m.
Present:
Chairman: Copeland
Councilmembers: Richardson, Carroll, Williams, Hudson, Gregory
Absent: Johnson
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: August 18, 2009
______________________________
PRESIDENT OF THE COUNCIL
______________________________
CITY CLERK
MUNICIPAL BUILDING, MOBILE, ALABAMA, JULY 21, 2009
The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza, Tuesday, July 21, 2009, at 10:30 a.m., in regular meeting.
The meeting was called to order by City Clerk, Lisa C. Lambert.
Pastor Juliette Marshall, Shekinah International Worship Center, offered the invocation.
The Presiding Officer led the Pledge of Allegiance.
Present on Roll Call:
Chairman: Copeland
Councilmembers: Richardson, Carroll, Johnson, 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 23, 2009, were approved as submitted.
COMMUNICATIONS FROM THE MAYOR:
Mayor Jones introduced James Flora, the Independent Living Specialist at the Independent Living Center in Mobile, and presented Mr. Flora with a proclamation commemorating the 19th anniversary of the Americans with Disabilities Act (ADA). The Mayor’s proclamation declared July 26, 2009, as “Americans with Disabilities Act Day” in the City of Mobile.
Tom Maples, a representative for the People for People advocacy group, read comments concerning transportation issues for the disabled in the Mobile area.
Tom McGehee, Chairman of the Mobile Tree Commission, received a proclamation from Mayor Jones proclaiming July 21, 2009, as “Arbor Day” in the City of Mobile. Mr. McGehee gave an annual report to the Council and presented beautification awards to several area businesses.
Chief Phillip Garrett and Deputy Chief James Barber of the Mobile Police Department gave a PowerPoint presentation on crime statistics in the City of Mobile.
MONTHLY FINANCE REPORT:
Barbara Malkove, Executive Director of Finance, gave the following report:
“Revenues
Sales and use taxes are under budget for the year by approximately $8.14M. This is more than eight percent less than projected. Total revenues are close to $10M under budget with three months left in this fiscal year. Reductions in revenues have put the City cash flow levels at lower rates than we have seen in quite a few years. We will have to time our purchases and project construction to balance with the low cash position.
Expenditures
All departmental costs are under budget by $4.25M. Departmental personnel costs are over budget by $2.7M mostly due to reduced attrition. Total expenditures are under budget by nearly $11M.
We are hardly in a position to think that the last three months of this year will be any better. Each department is now expected to manage their own budgets carefully. Those departments are trying to control both overtime and attrition to help us offset the increased costs.
Each month I hope to bring you better news in respect to sales taxes collections but I am still not able to provide that. If you have any questions, please send them to the mayor in writing.”
ADOPTION OF THE AGENDA:
Councilmember Richardson moved for the adoption of the agenda, which motion was seconded by Councilmember Carroll, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, 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 request of Elizabeth Teague, Country Club Estates Neighborhood Association, for a waiver of the Noise Ordinance on August 16, 2009, from 3:00 p.m. until 7:00 p.m., on Wilkinson Way for a pet parade (District 5).
There being no objections, Councilmember Copeland moved that the waiver be granted, which motion was seconded by Councilmember Richardson, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, 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 CONSIDER THE VACATION OF A PORTION OF BELLE ISLE LANE AT ITS EASTERN TERMINUS (DISTRICT 4) (APPLICANT: J & D DEVELOPMENT CO., INC., AND MARIE A. RUBLEY). The Presiding Officer announced that today was the day for the public hearing to consider the vacation of a portion of Belle Isle Lane at its eastern terminus 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) AGENDA ITEMS:
Donald Watson, 2214 St. Stephens Road, addressed the Council regarding Resolution 25-425-2009 to express his appreciation for the sidewalk project on St. Stephens Road. Mr. Watson requested that the City have a ground breaking ceremony to announce the project to the community.
(B) NON-AGENDA ITEMS:
None
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 87-033, which motion was seconded by Councilmember Hudson, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None
The Presiding Officer declared unanimous consent granted for the item.
ORDINANCES BEING INTRODUCED:
DEEM VACANT LAND NOT NOW NEEDED FOR PUBLIC OR MUNICIPAL PURPOSES AND AUTHORIZE THE TRANSFER TO MOBILE COUNTY EMERGENCY MANAGEMENT AGENCY FOR LEASE TO NOAA FOR CONSTRUCTION OF A REGIONAL DISASTER RESPONSE CENTER. The following ordinance was introduced by Councilmember Richardson.
ORDINANCE 87-033-2009
Sponsored by: Mayor Jones
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 Council of the City of Mobile, Alabama, that the vacant land described as follows:
Lot 2 of Mobile NOAA subdivision, as recorded in Map Book 102, Page 25, in the Office of the Judge of Probate Court, Mobile County, State of Alabama,
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 land be transferred to Mobile County Emergency Management Agency for its lease to NOAA.
SECTION TWO: The Mayor and 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 deed for the land attached hereto.
SECTION THREE: 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, whatever supporting documents, affidavits, closing statements, or other ancillary forms necessary to complete the transfer of said land.
SECTION FOUR: Said deed is by reference made a part of this ordinance as fully as 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.
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 Gregory. Following comments by Councilmember Copeland, the vote was as follows:
Ayes: Richardson, Carroll, Johnson, 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. 87-033, Series 2009, was published in the Mobile Record, a newspaper of general circulation in the City and County of Mobile, Alabama, on , 2009.
IN WITNESS WHEREOF, I have hereunto set my hand on this day of , 2009.
________________________
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 01-421 through 21-446, which motion was seconded by Councilmember Hudson, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None
The Presiding Officer declared unanimous consent granted for all items.
RESOLUTIONS BEING INTRODUCED:
AUTHORIZE AGREEMENT WITH THE MOBILE COUNTY COMMISSION AND THE TOWN OF DAUPHIN ISLAND TO AUTHORIZE THE CITY TO MAKE APPLICATION FOR AND ADMINISTER AN FTA GRANT KNOWN AS THE “2007 MOBILE COUNTY COMMISSION BUS PROJECT.” The following resolution was introduced by Councilmember Richardson.
RESOLUTION 01-421-2009
Sponsored by: Mayor Jones
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 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, an agreement by and between the Mobile County Commission, the City of Mobile, and the Town of Dauphin Island to authorize the City to make application for and administer an FTA Grant known as the “2007 Mobile County Commission Bus Project” with a portion of the grant proceeds to be used by the City through the WAVE Transit System. A copy of said 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 Gregory. Following comments by Councilmember Hudson, the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.
REALLOCATE $40,000.00 FROM GENERAL LEDGER 41780 TO GENERAL LEDGER 41460 (MOTORPOOL) TO PURCHASE TWO VEHICLES FOR URBAN DEVELOPMENT. The following resolution was introduced by Councilmember Richardson.
RESOLUTION 09-422-2009
Sponsored by: Mayor Jones
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $40,000.00 be re-allocated from General Fund Account #100.150.41780 Urban Development.Unclassified Expenditures to General Ledger Account Number 774.774.41460 Internal Service Fund, Motorpool, Capitalized Equipment. These funds will be used to purchase two (2) vehicles for Urban Development.
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, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.
REALLOCATE $18,367.39 FROM CAPITAL PROJECT #157—BUILDINGS & GROUNDS ALLOWANCE—TO GENERAL LEDGER 41370. The following resolution was introduced by Councilmember Richardson.
RESOLUTION 09-423-2009
Sponsored by: Mayor Jones
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $18,367.00 be re-allocated from Capital Project #157 Buildings and Grounds Allowance, Capital Improvement Fund 551 to the General Fund to increase the line item budget for General Ledger Account Number 100.0211.41370 Architecture Engineering.Maintenance & Repairs.
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, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.
AUTHORIZE CONTRACT WITH S & O ENTERPRISES, INC., FOR FIRE DEPARTMENT WAREHOUSE (FIRE ALARM SYSTEMS / TELECOMMUNICATIONS / COMPUTER DATA), $39,120.00. The following resolution was introduced by Councilmember Richardson.
RESOLUTION 21-424-2009
Sponsored by: Mayor Jones and Councilmember Richardson
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 contract, by and between the City of Mobile and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of said executed contract is on file in the Office of the City Clerk.
Name of Company: S & O Enterprises, Inc.
Project Name: Fire Department Warehouse
Fire Alarm Systems/Telecommunications/
Computer Data
Project Number: FD-098-09
Amount: $39,120.00
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, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.
ACCEPT FOUR PERMANENT SIDEWALK EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR SIDEWALKS ALONG ST. STEPHENS ROAD NORTH OF THREE MILE CREEK. The following resolution was introduced by Councilmember Richardson.
RESOLUTION 25-425-2009
Sponsored by: Mayor Jones and Councilmember Carroll
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the City hereby accepts the following four Permanent Sidewalk Easements and Temporary Construction Easements as needed for the Sidewalks Along St. Stephens Road North of Three Mile Creek, Project Number 2007-202-04
1. Permanent Sidewalk Easement and Temporary Construction Easement from Mobile Housing Board, a Corporation
2. Permanent Sidewalk Easement and Temporary Construction Easement from Billy B. Hill
3. Permanent Sidewalk Easement and Temporary Construction Easement from Alpha Control Electrical
4. Permanent Sidewalk Easement and Temporary Construction Easement from Enoch Dotch and Rosa Dotch for the sum of $500.00.
SAID documents being attached hereto and made a part hereof as fully as if set forth herein.
BE IT FURTHER RESOLVED THAT:
The Executive Director of Finance of the City of Mobile is authorized and directed to issue a check in the above listed amount and forward said check to the City of Mobile Real Estate Officer for delivery.
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, Johnson, 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 ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR KANGAROO EXPRESS #1557, 3351 SPRINGHILL AVENUE (DISTRICT 1). The following resolution was introduced by Councilmember Richardson.
RESOLUTION 37-426-2009
Sponsored by: Councilmember Richardson
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/Table Wine
(Off Premises Only)
Submitted by: The Pantry, Inc.
Location: Kangaroo Express #1557
3351 Springhill Avenue
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, Johnson, 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 ABC BOARD FOR ISSUANCE OF A CLUB LIQUOR CLASS II LICENSE FOR RISQUE, 9 NORTH JACKSON STREET (DISTRICT 2). The following resolution was introduced by Councilmember Richardson.
RESOLUTION 37-427-2009
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: Club Liquor Class II
(Club)
Submitted by: Vargas, LLC
Location: Risque
9 North Jackson Street
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, Johnson, 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 ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR MERRI MART #10, 559 VIRGINIA STREET (DISTRICT 3). The following resolution was introduced by Councilmember Richardson.
RESOLUTION 37-428-2009
Sponsored by: Councilmember Johnson
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/Table Wine
(Off Premises Only)
Submitted by: M. W. B. A. LLC
Location: Merri Mart #10
559 Virginia Street
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, Johnson, 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 ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR KANGAROO EXPRESS #1562, 1373 NAVCO ROAD (DISTRICT 4). The following resolution was introduced by Councilmember Richardson.
RESOLUTION 37-429-2009
Sponsored by: Councilmember Williams
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/Table Wine
(Off Premises Only)
Submitted by: The Pantry, Inc.
Location: Kangaroo Express #1562
1373 Navco 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, Johnson, 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 ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR LA CAZUELAS COCINA MEXICANA, 4451 GOVERNMENT BOULEVARD (DISTRICT 4). The following resolution was introduced by Councilmember Richardson.
RESOLUTION 37-430-2009
Sponsored by: Councilmember Williams
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: WCA Restaurant, Inc.
Location: La Cazuelas Cocina Mexicana
4451 Government Boulevard
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, Johnson, 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 ABC BOARD FOR ISSUANCE OF A RETAIL BEER (OFF PREMISES ONLY) LICENSE FOR KANGAROO EXPRESS #1555, 5550 U. S. HIGHWAY 90 WEST (DISTRICT 4). The following resolution was introduced by Councilmember Richardson.
RESOLUTION 37-431-2009
Sponsored by: Councilmember Williams
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: The Pantry, Inc.
Location: Kangaroo Express #1555
5550 U. S. Highway 90 West
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, Johnson, 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 ABC BOARD FOR ISSUANCE OF A RETAIL TABLE WINE (OFF PREMISES ONLY) LICENSE FOR KANGAROO EXPRESS #1555, 5550 U. S. HIGHWAY 90 WEST (DISTRICT 4). The following resolution was introduced by Councilmember Richardson.
RESOLUTION 37-432-2009
Sponsored by: Councilmember Williams
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: The Pantry, Inc.
Location: Kangaroo Express #1555
5550 U. S. Highway 90 West
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, Johnson, 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 ABC BOARD FOR ISSUANCE OF A RETAIL BEER (OFF PREMISES ONLY) LICENSE FOR KANGAROO EXPRESS #1569, 5809 U. S. HIGHWAY 90 WEST (DISTRICT 4). The following resolution was introduced by Councilmember Richardson.
RESOLUTION 37-433-2009
Sponsored by: Councilmember Williams
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: The Pantry, Inc.
Location: Kangaroo Express #1569
5809 U. S. Highway 90 West
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, Johnson, 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 ABC BOARD FOR ISSUANCE OF A RETAIL TABLE WINE (OFF PREMISES ONLY) LICENSE FOR KANGAROO EXPRESS #1569, 5809 U. S. HIGHWAY 90 WEST (DISTRICT 4). The following resolution was introduced by Councilmember Richardson.
RESOLUTION 37-434-2009
Sponsored by: Councilmember Williams
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: The Pantry, Inc.
Location: Kangaroo Express #1569
5809 U. S. Highway 90 West
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, Johnson, 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 ABC BOARD FOR ISSUANCE OF A RETAIL BEER (OFF PREMISES ONLY) LICENSE FOR SAN JOSE MEXICAN SUPERMARKET, 5696 TILLMAN’S CORNER PARKWAY, SUITE C (DISTRICT 4). The following resolution was introduced by Councilmember Richardson.
RESOLUTION 37-435-2009
Sponsored by: Councilmember Williams
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: Edmundo V. Maldonado
(Sole Proprietor)
Location: San Jose Mexican Supermarket
5696 Tillman’s Corner Parkway, Suite C
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, Johnson, 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 ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR AHMED AND SALMA CITGO, 950 MONTLIMAR DRIVE (DISTRICT 5). The following resolution was introduced by Councilmember Richardson.
RESOLUTION 37-436-2009
Sponsored by: Councilmember Copeland
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/Table Wine
(Off Premises Only)
Submitted by: Ahmed and Salma, LLC
Location: Ahmed and Salma Citgo
950 Montlimar 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, Johnson, 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 ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR THE ROYAL KNIGHT, 3004 GOVERNMENT BOULEVARD (DISTRICT 5). The following resolution was introduced by Councilmember Richardson.
RESOLUTION 37-437-2009
Sponsored by: Councilmember Copeland
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: Veillon and Veillon, LLC
Location: The Royal Knight
3004 Government Boulevard
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, Johnson, 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 ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR KANGAROO EXPRESS #1586, 3471 SPRINGHILL AVENUE (DISTRICT 7). The following resolution was introduced by Councilmember Richardson.
RESOLUTION 37-438-2009
Sponsored by: Councilmember Gregory
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/Table Wine
(Off Premises Only)
Submitted by: The Pantry, Inc.
Location: Kangaroo Express #1586
3471 Springhill Avenue
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, Johnson, 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 ABC BOARD FOR ISSUANCE OF A RETAIL BEER (OFF PREMISES ONLY) LICENSE FOR KANGAROO EXPRESS #1559, 10 N. UNIVERSITY BOULEVARD DISTRICT 7). The following resolution was introduced by Councilmember Richardson.
RESOLUTION 37-439-2009
Sponsored by: Councilmember Gregory
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: The Pantry, Inc.
Location: Kangaroo Express #1559
10 N. University Boulevard
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, Johnson, 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 ABC BOARD FOR ISSUANCE OF A RETAIL TABLE WINE (OFF PREMISES ONLY) LICENSE FOR KANGAROO EXPRESS #1559, 10 N. UNIVERSITY BOULEVARD (DISTRICT 7). The following resolution was introduced by Councilmember Richardson.
RESOLUTION 37-440-2009
Sponsored by: Councilmember Gregory
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: The Pantry, Inc.
Location: Kangaroo Express #1559
10 N. University Boulevard
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, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.
ASSENT TO THE VACATION OF A PORTION OF BELLE ISLE LANE AT ITS EASTERN TERMINUS (DISTRICT 4) (APPLICANT: J & D DEVELOPMENT COMPANY, INC. AND MARIE A RUBLEY). The following resolution was introduced by Councilmember Richardson.
RESOLUTION 47-441-2009
WHEREAS, J & D Development Co., Inc. and Marie A. Rubley, as abutting property owners of the following described right of way located on Belle Isle Lane, have requested the Mobile City Council to assent to the vacation and closing by them as abutting property owners of the right of way hereinafter described;
WHEREAS, it has been shown to the satisfaction of the Mobile City Council that J & D Development Co., Inc. and Marie A. Rubley own all of the property abutting along said right of way, that the same is not needed as a public road in the City of Mobile, Alabama, that the vacation of same will not deprive any other property owner of such right as such property owner may have to convenient and reasonable ingress and egress to and from such other property, and that it would be to the best interest of the Mobile City Council to vacate the same;
WHEREAS, said abutting property owners have consented to this vacation;
NOW, THEREFORE, BE IT RESOLVED, by the Mobile City Council that its assent be, and it is hereby given to J & D Development Co., Inc. and Marie A. Rubley, as abutting property owners, to the vacation and closing by it of the following described right of way, more particularly described as follows:
All that property which is platted as Belle Isle Lane platted across or adjacent to Lots 1 through 5, Belle Isle, Unit No. 1, according to the plat thereof recorded in Map Book 6, Pages 321-322, of the records in the Office of the Judge of Probate Court, Mobile County, Alabama, and depicted as Belle Isle Lane on Exhibit 1 attached to deed recorded in Real Property Book 2422, Page 937, of said Probate Court Records.
BE IT FURTHER RESOLVED, by the Mobile City Council, that its assent be, and the same hereby is, given to vacate and annul the herein described portion of said right of way located on Belle Isle Lane, Mobile, Alabama, subject, however, to the following conditions:
(a) The declaration of vacation and this resolution assenting to the vacation of said property, upon adoption by the Mobile City Council, be recorded in the Probate Court of Mobile County, Alabama, and a certified copy of the resolution shall be immediately delivered to the Tax Assessors Plat Room so that this property may be reassessed in the names of the new owners;
(b) An easement is excepted from this vacation and is retained in favor of Mobile Area Water and Sewer System to operate and maintain existing facilities until they are either relocated or abandoned.
(c) Alabama Power Company and BellSouth Telecommunications, Inc. are reserved all rights and privileges necessary and convenient for full enjoyment of use of its facilities within and adjacent to the area to be vacated; including the right of ingress and egress to and from said facilities, the right to cut and/or trim trees/limbs which, in their sole opinion would interfere with said facilities, and the right to prohibit use of the land vacated in a manner which violates the National Electric Safety Code.
(d) An easement is excepted from this vacation and is retained in favor of the City of Mobile over and across the following described real property:
Commencing at the Southeast corner of Lot 6, Unit I Belle Isle, as recorded in Map Book 6, Page 321 thru 322, Probate Court Records, Mobile County, Alabama, run South 57º-45’-00” East, 25.00 feet to the Point of Beginning of the easement herein described; thence continue South 57º-45’-00” East, 25.00 feet; thence North 32º-15’-00” East, along the Eastern boundary of said subdivision 446.18 feet, more or less, to the South margin of Halls Mill Creek; thence Northwestwardly along the meanders of said margin, 25.00 feet, more or less, to a point which bears North 32º-15’-00” East from the Point of Beginning; thence South 32º-15’-00” West, 454.32 feet, more or less to the Point of Beginning.
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, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.
STATE OF ALABAMA)
COUNTY OF MOBILE )
I, Lisa C. Lambert, City Clerk of Mobile, Alabama, hereby certify that Resolution No. 47-441, Series 2009, was published in the Mobile Record, a newspaper of general circulation in the City and County of Mobile, Alabama, on , 2009.
IN WITNESS WHEREOF, I have hereunto set my hand on this day of , 2009.
________________________
City Clerk
DECLARE WEEDS NOXIOUS, GROUP #1411. The following resolution was introduced by Councilmember Richardson.
RESOLUTION 58-442-2009
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 #1411, 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 8th day of September, 2009, 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, Johnson, 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 #1412. The following resolution was introduced by Councilmember Richardson.
RESOLUTION 58-443-2009
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 #1412, 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 8th day of September, 2009, 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, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.
AUTHORIZE REMOVAL OF WEEDS, GROUP #1405. The following resolution was introduced by Councilmember Richardson.
RESOLUTION 58-444-2009
A RESOLUTION DETERMINING WHAT OBJECTIONS SHALL BE ALLOWED AND WHAT OBJECTIONS SHALL BE OVERRULED TO THE REMOVAL OF NOXIOUS OR DANGEROUS WEEDS ON OR IN FRONT OF CERTAIN PARCELS OF LAND.
WHEREAS, notice has been duly given and posted at least five days prior to the date of this resolution in the manner provided by law offering full opportunity to all interested parties to object to the removal of noxious or dangerous weeds on the hereinafter described parcels of land, and the City Council of Mobile having held such public hearing in connection with the notices given and no objections having been filed or made by any of the interested parties; and
WHEREAS, Parcels Nos.1 through 20 described in the resolution, adopted on the 20th day of May, 2009, have not been cleared of noxious and dangerous weeds and continue to be public nuisances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE as follows:
SECTION 1. It is hereby ascertained and determined that the dangerous and noxious weeds growing on the hereinafter described parcels of real property are public nuisances, and it is hereby ordered and directed that the employees of the City of Mobile assigned to that work promptly remove the weeds on such parcels of property:
PARCELS OR PIECES OF PROPERTY ON WHICH NOXIOUS OR DANGEROUS WEEDS ARE TO BE REMOVED:
Parcels of real property located in the City of Mobile and more particularly described as Parcels Nos. 1 through 20 as described in the resolution adopted on the 20th day of May, 2009, and entitled: "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."
(Lot Cleaning Liens, Group No. 1405, on file in the Office of the City Clerk.)
SECTION 2. The employees of the City of Mobile assigned to the work required by this resolution are hereby expressly authorized to enter upon such described pieces of property for the purpose of removing the weeds authorized by this resolution to be removed. The owner of any of the above described pieces of property shall have the right to remove the weeds ordered by this resolution to be removed from this property, provided such removal is done prior to the arrival of the employees of the City of Mobile for that purpose; and in the event a property owner removes the weeds from his own property, no charge will be made by the City of Mobile against his property by reason of any action taken hereunder. An accurate account of the costs with respect to each piece of property shall be kept by the employees of the City of Mobile covering the costs of removing such weeds in front of or on each separate lot or parcel of land where the work is done by the City of Mobile or its employees, and promptly thereafter an itemized report in writing shall be made to the City Council showing such costs with respect to each separate lot or parcel of land, but before the report is submitted to the City Council a copy of the itemized costs with respect to each such lot or parcel of land shall be posted for at least three days prior to such report on the door of the Council Chamber at the City Hall of Mobile, Alabama, together with a notice of the time when the report will be submitted to the City Council for confirmation.
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, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.
AUTHORIZE REMOVAL OF WEEDS, GROUP #1406. The following resolution was introduced by Councilmember Richardson.
RESOLUTION 58-445-2009
A RESOLUTION DETERMINING WHAT OBJECTIONS SHALL BE ALLOWED AND WHAT OBJECTIONS SHALL BE OVERRULED TO THE REMOVAL OF NOXIOUS OR DANGEROUS WEEDS ON OR IN FRONT OF CERTAIN PARCELS OF LAND.
WHEREAS, notice has been duly given and posted at least five days prior to the date of this resolution in the manner provided by law offering full opportunity to all interested parties to object to the removal of noxious or dangerous weeds on the hereinafter described parcels of land, and the City Council of Mobile having held such public hearing in connection with the notices given and no objections having been filed or made by any of the interested parties; and
WHEREAS, Parcels Nos.1 through 22 described in the resolution, adopted on the 2nd day of June, 2009, have not been cleared of noxious and dangerous weeds and continue to be public nuisances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE as follows:
SECTION 1. It is hereby ascertained and determined that the dangerous and noxious weeds growing on the hereinafter described parcels of real property are public nuisances, and it is hereby ordered and directed that the employees of the City of Mobile assigned to that work promptly remove the weeds on such parcels of property:
PARCELS OR PIECES OF PROPERTY ON WHICH NOXIOUS OR DANGEROUS WEEDS ARE TO BE REMOVED:
Parcels of real property located in the City of Mobile and more particularly described as Parcels Nos. 1 through 22 as described in the resolution adopted on the 2nd day of June, 2009, and entitled: "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."
(Lot Cleaning Liens, Group No. 1406, on file in the Office of the City Clerk.)
SECTION 2. The employees of the City of Mobile assigned to the work required by this resolution are hereby expressly authorized to enter upon such described pieces of property for the purpose of removing the weeds authorized by this resolution to be removed. The owner of any of the above described pieces of property shall have the right to remove the weeds ordered by this resolution to be removed from this property, provided such removal is done prior to the arrival of the employees of the City of Mobile for that purpose; and in the event a property owner removes the weeds from his own property, no charge will be made by the City of Mobile against his property by reason of any action taken hereunder. An accurate account of the costs with respect to each piece of property shall be kept by the employees of the City of Mobile covering the costs of removing such weeds in front of or on each separate lot or parcel of land where the work is done by the City of Mobile or its employees, and promptly thereafter an itemized report in writing shall be made to the City Council showing such costs with respect to each separate lot or parcel of land, but before the report is submitted to the City Council a copy of the itemized costs with respect to each such lot or parcel of land shall be posted for at least three days prior to such report on the door of the Council Chamber at the City Hall of Mobile, Alabama, together with a notice of the time when the report will be submitted to the City Council for confirmation.
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, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.
AUTHORIZE CONTRACT AMENDMENT WITH JOHN DENDY & ASSOCIATES FOR THE PUBLIC SAFETY COMPLEX—CONSTRUCT FACILITY, ADD $82,500.00. The following resolution was introduced by Councilmember Gregory.
RESOLUTION 21-446-2009
Sponsored by: Mayor Jones and Councilmember Gregory
WHEREAS, the City entered into a contract dated February 26, 2008, with John Dendy & Associates for Architectural Consultants Services on the project known as Public Safety Complex-Construct Facility;
WHEREAS, the fee for the services is based on a stipulated sum of $462,100.00, not to exceed 6.3% as stated in Services Proposal dated January 11, 2008, and;
WHEREAS, the scope of the project design program was amended on November 18, 2008, to request Volkert & Associates to provide traffic control plan, signing, signalization and median cut plans in the stipulated amount of $21,735.00 for a total of $483,835.00 and;
WHEREAS, the scope of the project design program was changed to request Everette Engineering to provide Electrical and Mechanical modifications to change the infrared heating system in the Engine Bay for a total of $4,120.00 and;
WHEREAS, Mobile Engineering Group provided additional services for land disturbance permit, access road, SPCC Plan, ADEM Construction Permit and CBMPP, Vehicle Wash Facility Aboveground Tanks, Design Site Engineering Certification and Construction Cost Adjustment for a lump sum total $66,480.00 and ADEM Erosion Control Inspection on an hourly cost not to exceed a total of $11,900.00 and;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Council does hereby authorize the additional fee of $82,500.00, for a total of $566,335.00 to be paid to John Dendy & Associates for Architectural Consultants Services for Public Safety Complex to construct facility.
The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Gregory moved its adoption, which motion was seconded by Councilmember Richardson, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, 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 LOCATED AT 558 DAVIDSON STREET (AREA GENERALLY EXTENDING FROM THE NORTH SIDE OF MARTIN LUTHER KING, JR. AVENUE EXTENDING BETWEEN MARMOTTE STREET AND MONDAY STREET, EXTENDING TO THE SOUTH SIDE OF CHINQUAPIN STREET) FROM R-3 TO R-2 (DISTRICT 2) (APPLICANT: MOBILE HOUSING BOARD). The following resolution was introduced by Councilmember Hudson.
RESOLUTION 41-447-2009
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 with 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 18th day of August, 2009, 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 21st day of July, 2009.
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:
ALL OF BLOCKS 5 & 6, DELMAS TRACT (DB 8, PG 1) TOGETHER WITH LOTS 1, 2, 3 & 6, OF THE RESUBDIVISION OF BLOCK 7, KREBS AND DELMAS TRACT (MB 4, PG 191)
LOTS 5, 7, 8 AND 9 OF THE RESUBDIVISION OF BLOCK 7 KREBS AND DELMAS TRACT (MB 4, PG 191)
LOTS 41 THRU 53, HOPE VI, PHASE IV, UNIT 1, REVISED (MB 121, PG 122), TOGETHER WITH A PORTION OF LOT 1, BLOCK 58D, WATER STREET AREA URBAN RENEWAL PROJECT ALABAMA R-34 SUBDIVISION, FIRST UNIT (MB 18 PG 68)
LOT 1, BLOCK 59D, WATER STREET AREA URBAN RENEWAL PROJECT ALABAMA R-34 SUBDIVISION, FIRST UNIT (MB 18, PG 68) TOGETHER WITH LOT 21, BLOCK 44 FISHER TRACT (DB 22, PG 332), ALSO TOGETHER WITH LOTS 1 THRU 5, TORRENCE PLACE (DB 81, PG 498)
LOTS 6 THRU 10, TORRENCE PLACE (DB 81, PG 498) TOGETHER WITH LOT 23, BLOCK 44, FISHER TRACT (DB 22, PG 332)
TOGETHER WITH THE FOLLOWING PORTION OF VACATED ROAD RIGHT-OF-WAY:
ALL THAT PORTION OF MANASSAS STREET (50’ R/W) BOUND ON THE EAST BY THE NORTHWARD PROJECT OF THE EAST LINE OF LOT 1, BLOCK 58D, WATER STREET AREA URBAN RENEWAL PROJECT, FIRST UNIT (MB 18, PG 68) AND BEING BOUND ON THE WEST BY THE NORTHWARD PROJECTION OF THE WEST LINE OF SAID LOT 1 BLOCK 58D.
The classification of said property is hereby changed from R-3, Multi-Family Residential District, to R-2, Two-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-2, Two-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-2, Two-Family Residential District until all of the conditions set forth below have been complied with: 1) full compliance with all applicable 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 Hudson moved its adoption, which motion was seconded by Councilmember Richardson, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, 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 REZONE PROPERTY LOCATED AT 2334 DAUPHIN ISLAND PARKWAY (SOUTH SIDE OF DAUPHIN ISLAND PARKWAY, 70’+ EAST OF WILLOWDALE STREET) FROM B-2 TO R-1 (DISTRICT 4) (APPLICANT: PARKWAY LLC). The following resolution was introduced by Councilmember Hudson.
RESOLUTION 41-448-2009
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 with 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 18th day of August, 2009, 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 21st day of July, 2009.
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:
COMMENCING AT THE NORTHWEST CORNER OF LOT 1 SCHULZ COMMERCIAL SUBDIVISION AS RECORDED IN MAP BOOK 100 PAGE 79 PROBATE COURT RECORDS MOBILE COUNTY, ALABAMA, THENCE SOUTH 09°-59’-10” WEST 223.07 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE CONTINUE SOUTH 09°-59”10” WEST 99.00 FEET TO THE SOUTHWEST CORNER OF LOT 1; THENCE SOUTH 58°-39’-19” EAST ALONG THE SOUTH LINE OF SCHULZ COMMERCIAL SUBDIVISION 175.51 FEET TO A POINT ON THE WEST LINE OF OSPREY LANE; THENCE NORTH 09°-59’-04” EAST ALONG THE WEST LINE OF OSPREY LANE 162.88 FEET; THENCE NORTH 80°-00’-56” WEST 163.47 FEET 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 par