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 Oct 07, 2009
MUNICIPAL BUILDING, MOBILE, ALABAMA, OCTOBER 7, 2009
The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza, Wednesday, October 7, 2009, at 9:00 a.m.
Present:
Chairman: Copeland
Councilmembers: Richardson, Carroll, Williams, Gregory
Absent: Johnson, Hudson
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: November 3, 2009
_______________________________
PRESIDENT OF THE COUNCIL
_______________________________
CITY CLERK
MUNICIPAL BUILDING, MOBILE, ALABAMA, OCTOBER 7, 2009
The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza, Wednesday, October 7, 2009, at 10:30 a.m., in regular meeting.
The meeting was called to order by City Clerk, Lisa C. Lambert.
Reverend Joseph H. Reams, Kingswood United Methodist Church, offered the invocation.
The Presiding Officer led the Pledge of Allegiance.
A moment of silence was observed in memory of Cheryl Moore, daughter of Eva Golson, and Dolores Pettway, wife of Steven Pettway.
Present on Roll Call:
Chairman: Copeland
Councilmembers: Richardson, Carroll, Johnson, Williams, Gregory
Absent: Hudson
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.
NOTE: Council President Copeland offered congratulations to Jermaine Burrell who was elected to represent District 3 in yesterday’s run-off election. The Council President also thanked Councilmember Johnson for his years of service to the City of Mobile.
Councilmember Johnson replied to Councilmember Copeland’s remarks and Councilmember Richardson also offered his appreciation to Councilmember Johnson.
APPROVAL OF MINUTES:
The Minutes of September 15, 2009, were approved as submitted.
COMMUNICATIONS FROM THE MAYOR:
Chief of Staff Al Stokes expressed the administration’s appreciation for Councilmember Johnson’s service to the City and offered congratulations to Mr. Burrell.
The following participants in the City’s current Neighborhood College program were introduced:
Chaki Diggs – District 5
Mary McGinnis – District 2
Karen Kluge – District 6
Bonnie Dunning – District 3
Also introduced were Robert and Mary Walker representing District 4’s newly annexed area who will be students in a future Neighborhood College.
Tonie Ann Torrans, Executive Director of Penelope House, and Bill Curtin, Penelope House Board President, received a proclamation declaring the month of October as “Domestic Violence Awareness Month.”
The Council President recognized Carol Hunter with the Downtown Alliance, Ashley Toland of Lagnaippe, and Steve Clements.
ADOPTION OF THE AGENDA:
Councilmember Richardson moved for the adoption of the agenda, which motion was seconded by Councilmember Gregory, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, 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 Constance Jackson, 266 Siena Vista Street, for a waiver of the Noise Ordinance on October 10, 2009, from 8:00 p.m. until 11:00 p.m. (District 1).
There being no objections, Councilmember Richardson moved that the waiver be granted, which motion was seconded by Councilmember Gregory, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.
(2) The Council considered the request of Nicole Lowe, 104 Glenwood Street, for a waiver of the Noise Ordinance on October 31, 2009, from 5:00 p.m. until 9:00 p.m., on Glenwood Street from Terrace to Emogene Streets for a Halloween block party (District 1).
There being no objections, Councilmember Richardson moved that the waiver be granted, which motion was seconded by Councilmember Gregory, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.
(3) The Council considered the request of Maya Patel for a Waiver of the Noise Ordinance on November 6, 2009, from 6:00 p.m. until 11:00 p.m., at the Bragg-Mitchell Mansion, 1906 Springhill Avenue, for an Indian party (District 1).
There being no objections, Councilmember Richardson moved that the waiver be granted, which motion was seconded by Councilmember Gregory, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.
(4) The Council considered the request of Maya Patel for a Waiver of the Noise Ordinance on November 7, 2009, from 6:00 p.m. until 11:00 p.m., at the Bragg-Mitchell Mansion, 1906 Springhill Avenue, for a reception (District 1).
There being no objections, Councilmember Richardson moved that the waiver be granted, which motion was seconded by Councilmember Gregory, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.
(5) The Council considered the request of Shekinah Arbar, 1961 Bishop Avenue, for a Waiver of the Noise Ordinance on October 31, 2009, from 4:00 p.m. until 9:00 p.m., at the Josephine Allen Homes (District 2).
There being no objections, Councilmember Richardson moved that the waiver be granted, which motion was seconded by Councilmember Gregory, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.
(6) The Council considered the request of Eaton and Brandon Barnard, 611 Montclair Way, for a Waiver of the Noise Ordinance on October 17, 2009, from 7:00 p.m. until 11:00 p.m. (District 5).
There being no objections, Councilmember Richardson moved that the waiver be granted, which motion was seconded by Councilmember Gregory, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.
(7) The Council considered the request of Drs. Greg Zieman and Robert Pfeffle, 5901 Grelot Road, for a Waiver of the Noise Ordinance on December 9, 2009, from 5:00 p.m. until 10:00 p.m. (District 6).
There being no objections, Councilmember Richardson moved that the waiver be granted, which motion was seconded by Councilmember Gregory, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, 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 APPLICATION OF CHARLES A. BATES FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE A TAXI SERVICE. The Presiding Officer announced that today was the day for the public hearing to consider the application of Charles A. Bates for a Certificate of Public Convenience and Necessity to operate a taxi service and asked if there was anyone present to speak for or against this matter. The applicant stated he was present.
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:
Irene Antone, 2202 Clinton Street, addressed the Council with her suggestions for improvements to various City parks. Councilmember Richardson responded to Ms. Antone’s comments and noted that the City’s 311 system is available for reporting areas that need the City’s attention.
(B) AGENDA ITEMS:
None
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 01-635 through 37-647, which motion was seconded by Councilmember Gregory, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, Gregory, Copeland
Nays: None
The Presiding Officer declared unanimous consent granted for all items.
RESOLUTIONS BEING INTRODUCED:
AUTHORIZE ASSIGNMENT AND ASSUMPTION AGREEMENT WITH THE VILLAGE OF SPRINGHILL, INC., FOR A CONTROLLER CABINET ALONG OLD SHELL ROAD NEAR HOLIDAY PLACE. The following resolution was introduced by Councilmember Gregory.
RESOLUTION 01-635-2009
Sponsored by: Mayor Jones and Councilmember Gregory
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 Assignment and Assumption Agreement between the City of Mobile and The Village of Spring Hill, Inc. to provide for the assignment and assumption of a controller cabinet as described in the Agreement attached hereto and made a part hereof as though set forth in full. 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 Gregory moved its adoption, which motion was seconded by Councilmember Copeland, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.
AUTHORIZE AGREEMENT WITH MARY J. AND HARRY E. MYERS, JR., FOR USE OF RIGHT-OF-WAY ON SPRINGHILL AVENUE. The following resolution was introduced by Councilmember Gregory.
RESOLUTION 01-636-2009
Sponsored by: Councilmember Gregory
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, an Agreement between the City of Mobile and Harry E. Myers and Mary J. Myers, to utilize the right-of-way on Springhill Avenue as outlined in the Agreement attached hereto and made a part hereof as though set forth in full. A copy of said change order 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 Gregory moved its adoption, which motion was seconded by Councilmember Richardson, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.
REALLOCATE $18,367.00 FROM CAPITAL PROJECT #157 BUILDINGS AND GROUNDS ALLOWANCE TO GENERAL FUND ARCHITECTURAL ENGINEERING MAINTENANCE AND REPAIRS. The following resolution was introduced by Councilmember Richardson.
RESOLUTION 09-637-2009
Sponsored by: Mayor Jones
BE IT RESOLVED BY THE 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, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.
AUTHORIZE CONTRACT WITH GULF SERVICES CONTRACTING, INC., FOR LEAD BASE PAINT ABATEMENT, 200 GOVERNMENT STREET, $9,337.00. The following resolution was introduced by Councilmember Richardson.
RESOLUTION 21-638-2009
Sponsored by: Mayor Jones
BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a 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 set forth in full, subject to the company signing the contract and furnishing the required bonds and insurance. A copy of said executed contract will be on file in the Office of the City Clerk.
Name of Company: Gulf Services Contracting, Inc.
Project Name: Lead Base Paint Abatement
200 Government Street
Estimated Cost: $9,337.00
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 Copeland, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.
AUTHORIZE CONTRACT WITH OZARK STRIPING COMPANY, INC., FOR TRAFFIC CONTROL STRIPING, MARKING, LEGENDS, AND RAISED REFLECTORS APPLIED TO DAUPHIN STREET EXTENSION, $24,605.00. The following resolution was introduced by Councilmember Richardson.
RESOLUTION 21-639-2009
Sponsored by: Mayor Jones and Councilmembers Copeland and Gregory
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, a contract with Ozark Striping Company, Inc., in the amount of $24,605.00, for application of traffic stripes, markings, legends, and raised reflectors to city streets, as outlined in the contract attached hereto and made a part hereof as though set forth in full.
City of Mobile Project No.: 2009-165-07
Project Name: Traffic Control Striping, Marking, Legends,
And Raised Reflectors applied to
Dauphin Street Extension
A copy of said contract is on file in the office of the City Clerk.
The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Copeland, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.
AUTHORIZE PROFESSIONAL SERVICES CONTRACT WITH SKIPPER CONSULTING, INC., TO ADJUST TRAFFIC SIGNAL TIMING AT VARIOUS LOCATIONS, ONE HUNDRED PER CENT FEDERAL FUNDING. The following resolution was introduced by Councilmember Gregory.
RESOLUTION 21-640-2009
Sponsored by: Mayor Jones and Mobile City Council
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, a contract with Skipper Consulting, Inc., for Professional Services Agreement to adjust Traffic Signal Timing at various existing traffic signals in the City of Mobile (Project STMMB-PE09) – City of Mobile Project No. 2009-165-09), in the amount of $144,612.00 (100% Stimulus – Federal Funding).
A copy of said contract is on file in the office of the City Clerk.
The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Gregory moved its adoption, which motion was seconded by Councilmember Williams, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.
APPROVE THE APPLICATION OF CHARLES A. BATES FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A TAXI SERVICE. The following resolution was introduced by Councilmember Gregory.
RESOLUTION 37-641-2009
BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, pursuant to the provisions of Ordinance #59-073, 2005, that the application of Charles A. Bates for a Certificate of Public Convenience and Necessity for a taxi service is hereby approved. A copy of said application 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 Gregory moved its adoption, which motion was seconded by Councilmember Richardson, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.
RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES) LICENSE FOR CITY MARKET CHEVRON, 1300 GOVERNMENT STREET (DISTRICT 2). The following resolution was introduced by Councilmember Carroll.
RESOLUTION 37-642-2009
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: Retail Beer/Table Wine
(Off Premises)
Submitted by: City Market Chevron, LLC
Location: City Market Chevron
1300 Government Street
The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Carroll moved its adoption, which motion was seconded by Councilmember Copeland, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, 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 #1419. The following resolution was introduced by Councilmember Richardson.
RESOLUTION 58-643-2009
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 #1419, 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 24th day of November, 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 Copeland, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, 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 #1420. The following resolution was introduced by Councilmember Richardson.
RESOLUTION 58-644-2009
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 #1420, 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 24th day of November, 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 Copeland, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, 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 #1414. The following resolution was introduced by Councilmember Richardson.
RESOLUTION 58-645-2009
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 21 described in the resolution, adopted on the 18th day of August, 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 21 as described in the resolution adopted on the 18th day of August, 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. 1414, 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 Copeland, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, 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 #1409. The following resolution was introduced by Councilmember Richardson.
RESOLUTION 58-646-2009
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 #1409, 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 Copeland, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.
RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF SPECIAL EVENTS RETAIL LICENSE FOR WOOFSTOCK ON OCTOBER 26, 2009, AT CATHEDRAL SQUARE (DISTRICT 2). The following resolution was introduced by Councilmember Gregory.
RESOLUTION 37-647-2009
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: Special Events Retail
Submitted by: Boo Radley’s, Inc.
Location: Woofstock
300 Conti Street (Cathedral Square)
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 Copeland, and the vote was as follows:
Ayes: Richardson, Carroll, Johnson, Williams, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.
ANNOUNCEMENTS:
The Council President congratulated Bobby Bostwick, Barbara Drummond, the Public Services Department, and all of the volunteers who made this year’s Bayfest so successful.
Councilmember Gregory stated she visited Langan Park last Saturday to observe the process being used to clean out the snails that have become a threat to the delta. She offered her appreciation to the various agencies involved in this project.
Councilmember Gregory gave an update on the Old Shell Road widening project noting that the section scheduled for closure will remain open until after this year’s Gulf States Fair. The dates for the fair are October 23 through November 1, 2009.
Councilmember Gregory invited everyone to attend the dedication ceremonies for the Village of Spring Hill improvements on October 29, 2009, at 6:00 p.m. on the corner of Old Shell Road and McGregor Avenue.
Councilmember Richardson reported he will hold a Midtown community meeting on Thursday, October 22, 2009, at the Mobile Infirmary Hearin-Chandler Auditorium.
Councilmember Richardson asked the administration to review the City’s ordinance regarding various groups collecting contributions while standing in the City’s streets. He noted his concern for the safety of these individuals.
Councilmember Richardson stated that the City of Mobile has realized a $5 million savings from the government’s stimulus program, and he noted several improvements that have been made in his district.
Councilmember Richardson outlined the detour route for the Florida Street railroad crossing project which will become effective tomorrow, Thursday, October 7, 2009.
Councilmember Richardson congratulated the University of South Alabama on its undefeated football season thus far this year.
City Clerk Lisa Lambert announced that the run-off election results will be canvassed at next week’s 10:30 a.m. meeting on Tuesday, October 13, 2009.
The Presiding Officer adjourned the meeting at 11:14 a.m.
Approved: November 3, 2009
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COUNCIL PRESIDENT
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CITY CLERK