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 13, 2009

MUNICIPAL BUILDING, MOBILE, ALABAMA, OCTOBER 13, 2009

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza, Tuesday, October 13, 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: November 3, 2009

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
ASSISTANT CITY CLERK


MUNICIPAL BUILDING, MOBILE, ALABAMA, OCTOBER 13, 2009

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza, Tuesday, October 13, 2009, at 10:30 a.m., in regular meeting.

The meeting was called to order by Assistant City Clerk, Mary Ann Merchant.

Pastor Brenda Westry, First Step of God Church, 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

NOTE: Mary Ann Merchant, Assistant City Clerk, announced that the canvass of votes will be at the end of today’s meeting.



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 September 22, 2009, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Al Stokes, Chief of Staff, introduced Herb Wagner, a Theodore High School teacher, who presented “Honorary Citizen” certificates to a group of high school students and their teacher. The group was participating in an exchange program with Mobile from Germany.

ADOPTION OF THE AGENDA:

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

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

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

APPEALS:

(1) The Council considered the request of Jim Fibbe, 124 Silverwood Street, for a waiver of the Noise Ordinance on November 7, 2009, from 6:00 p.m. until 10:00 p.m. (District 1).

There being no objections, Councilmember Richardson moved that the waiver be granted, 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 Assistant City Clerk, whereupon the Presiding Officer declared the waiver granted.

(2) The Council considered the request of Kathy C. Dunning, 160 South Georgia Avenue, for a waiver of the Noise Ordinance on October 24, 2009, from 4:00 p.m. until 7:00 p.m., for the 41st Georgia Avenue street dance (District 2).

There being no objections, Councilmember Richardson moved that the waiver be granted, 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 Assistant City Clerk, whereupon the Presiding Officer declared the waiver granted.

(3) The Council considered the request of Deborah Bendolph, 813 Kentucky Street, for a Waiver of the Noise Ordinance on October 24, 2009, from 12:00 p.m. until 8:00 p.m. (District 3).

There being no objections, Councilmember Richardson moved that the waiver be granted, 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 Assistant City Clerk, whereupon the Presiding Officer declared the waiver granted.

(4) The Council considered the request of Monica Wilson, 4851 Diamond Avenue, for a Waiver of the Noise Ordinance on October 17, 2009, from 7:00 p.m. until 11:30 p.m. (District 4).

There being no objections, Councilmember Richardson moved that the waiver be granted, 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 Assistant City Clerk, whereupon the Presiding Officer declared the waiver granted.

(5) The Council considered the request of Dent Boykin, Calvary Assembly of God Church, for a Waiver of the Noise Ordinance October 15 through November 1, 2009, from 6:00 p.m. until 12:00 midnight, at the Mobile Festival Center, for a House of Horrors (District 5).

There being no objections, Councilmember Richardson moved that the waiver be granted, 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 Assistant City Clerk, whereupon the Presiding Officer declared the waiver granted.

(6) The Council considered the request of Delaney Development, Inc., for a Waiver of the Noise Ordinance on October 15, 2009, from 4:30 p.m. until 8:00 p.m., at the Yester Oaks Shopping Center parking lot (District 5).

There being no objections, Councilmember Richardson moved that the waiver be granted, 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 Assistant City Clerk, whereupon the Presiding Officer declared the waiver granted.

PUBLIC HEARINGS:

PUBLIC HEARING TO CONSIDER AMENDING SECTION 64-9 OF THE CITY CODE TO APPROVE A TEMPORARY SUSPENSION OF CERTAIN REQUIREMENTS FOR REZONING APPLICATIONS RELATED TO PARCELS IN THE TILLMAN’S CORNER-THEODORE AREA (DISTRICT 4). The Presiding Officer announced that today was the day for the public hearing to consider amending Section 64-9 of the City Code to approve a temporary suspension of certain requirements for rezoning applications related to parcels in the Tillman’s Corner-Theodore area, 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 ordinance authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO CONSIDER THE APPLICATION OF L. CRAIG ROBERTS D/B/A PERSONALIZED TOURS OF HISTORIC MOBILE, TO OPERATE A TOUR SERVICE. The Presiding Officer announced that today was the day for the public hearing to consider the application of L. Craig Roberts d/b/a Personalized Tours of Historic Mobile, to operate a tour 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:

(1) Chris Gill and Elizabeth Sanders, Downtown Mobile Alliance, presented this year’s Bienville Award to Councilmember Richardson for his idea of the New Year’s Eve Moon Pie Event.

(2) Bob Bolton, 6209 Brandy Run North, addressed the Council to request repairs to the sidewalk in front of his house.

Councilmembers Copeland and Hudson, and Chief of Staff Al Stokes, responded to Mr. Bolton’s concerns.

(3) Mike Hofto, Co-Chairman of Envision Coastal Alabama, invited Councilmembers to attend the Envision Coastal Alabama annual meeting on October 28, 2009.

(B) 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 64-042, 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:

AMEND SECTION 64-9 OF THE CITY CODE TO APPROVE A TEMPORARY SUSPENSION CERTAIN REQUIREMENTS FOR REZONING APPLICATIONS RELATED TO PARCELS IN THE TILLMAN’S CORNER-THEODORE AREA. The following ordinance was introduced by Councilmember Williams.

ORDINANCE 64-042-2009

SECTION ONE: That Section 64-9, Paragraph B, “Amendment Procedure” of the Mobile City Code, is hereby amended to read as follows:
B. Amendment procedure.

1. By whom initiated. Amendments to this chapter may be initiated by the city council on its own motion or by the planning commission; amendments may also be initiated by any person, firm or corporation by filing a written application therefor with the planning commission.

2. Amendment application. An application for amendment to this chapter shall contain at least the following:

a. Interest and ownership. The applicant's name, address and interest in the application, and the name, address and interest of every person, firm or corporation represented by the applicant in the application, the name of the owner or owners of the entire land area to be included within the proposed district, the owner or owners of all structures then existing thereon and sufficient evidence to establish that the applicants have the right of possession to the land area and structures; the names and addresses of all owners of adjacent property.

b. Plot plan. If the proposed amendment would require a change in the zoning map, a plot plan showing the land area which would be affected, easements bounding and intersecting the designated area, the locations of existing and proposed structures with

supporting open facilities, and the ground area to be provided and continuously maintained for the proposed structure or structures.

c. Development schedule. The time schedule for the beginning and completion of development planned by the applicant in the area, if the development is planned in stages, the time schedule shall indicate the successive stages and the development planned for each stage.

d. Effect of amendment. A report giving the nature, description, and effect of the proposed amendment; if the proposed amendment would require a change in the zoning map, a description of the probable effect on the surrounding land uses and properties.

e. Error. The error in this chapter that would be corrected by the proposed amendment, if the intent is to correct an error.

f. Owners of surrounding property. If the proposed amendment would require a change in the zoning map, furnish the commission with the name, description of property owned and mailing address of each owner of property which either abuts or lies within three hundred (300) feet of the property the classification of which is sought to be changed.

3. TEMPORARY SUSPENSION OF CERTAIN AMENDMENT PROCEDURES FOR REZONING APPLICATIONS RELATED TO PARCELS IN THE TILLMAN’S CORNER - THEODORE AREA SUBJECT TO ZONING BY ORDINANCE 64-031 ADOPTED BY THE COUNCIL ON JULY 7, 2009. Owners of property subject to zoning by Ordinance 64 - 031 may apply for rezoning of their properties without having to submit a survey or plot plan as required by paragraph 2.b above so long as the application is filed and received on or before the close of business on March 31, 2010. This temporary suspension shall apply only to those parcels of property identified in Ordinance 64-031, and shall apply only to applications filed with and received by the Planning Commission on or before the close of business on March 31, 2010. Applications for zoning ordinance amendments received after March 31, 2010, shall be subject to all requirements of the Ordinance.

SECTION TWO: Existing paragraphs 3 – 6 to be renumbered accordingly.

SECTION THREE: The provisions of this Ordinance are severable. If any part of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, that declaration shall not affect the part or parts that remain.

SECTION FOUR: This Ordinance shall be effective upon adoption and publication as required by law.



The ordinance was read by the Assistant City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Williams 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 Assistant 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 Ordinance No. 64-042, 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 27-648 through 37-656, 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:

DECLARE THE RESULTS OF THE MUNICIPAL RUN-OFF ELECTION HELD ON OCTOBER 6, 2009, FOR COUNCIL DISTRICT 3. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 27-648-2009

Sponsored by: Mayor Jones

WHEREAS, the Municipal Run-Off Election for the City of Mobile, Alabama, was duly and legally held on October 6, 2009, as proved by law; and

WHEREAS, the City Council of the City of Mobile, Alabama, met on this the 13th day of October, 2009, all members thereof being present at 10:30 a.m., and has canvassed the returns and has ascertained and determined the number of votes received by each candidate; and

WHEREAS, the said City Council of the City of Mobile, Alabama, has ascertained and determined the results of said elections as follows:

TOTAL VOTES

COUNCILMEMBER DISTRICT 3
Jermaine A. Burrell 1,310
Clinton L. Johnson 1,116
2,426

A copy of the Canvass Printout by machine is attached hereto and made a part hereof as though set forth in full.

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

1. That Jermaine A. Burrell received a majority of the votes cast for the office of City Council, District 3, and is hereby declared duly elected to that office for the term beginning the first Monday in November, 2009.

The resolution was read by the Assistant City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson made a motion to consider this item as the final item on the agenda, 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution moved to the final item for consideration on the agenda.

AUTHORIZE GRANT APPLICATION FOR THE PROJECT SAFE NEIGHBORHOODS (ALABAMA I.C.E.)/ANTI-GANG INITIATIVES, APPROXIMATELY $195,000.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 31-649-2009


BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor is hereby authorized to file with the U.S. Department of Justice, U.S. Attorney Southern District of Alabama, an application for financial assistance in the approximate amount of $195,000.00 to further the efforts of the Project Safe Neighborhoods (Alabama I.C.E.)/Anti-Gang Initiatives by the Mobile Police Department.

BE IT FURTHER RESOLVED that the Mayor or his designee be authorized to accept said funds if offered and to sign any agreements or other documents in connection with the application and to provide any information required by the U.S. Department of Justice and any other federal agency.

The resolution was read by the Assistant 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution adopted.

APPROVE APPLICATION OF L. CRAIG ROBERTS D/B/A PERSONALIZED TOURS OF HISTORIC MOBILE, TO OPERATE A TOUR SERVICE. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 37-650-2009

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, pursuant to the provisions of Ordinance #59-073, 2005, that the application of L. Craig Roberts d/b/a Personalized Tours of Historic Mobile, for a Certificate of Public Convenience and Necessity for a tour 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 Assistant 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, Hudson, Gregory, Copeland
Nays: None

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



DECLARE WEEDS NOXIOUS, GROUP #1421. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-651-2009

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 #1421, 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 1st day of December, 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 Assistant City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Williams, and the vote was as follows:

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

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

AUTHORIZE REMOVAL OF WEEDS, GROUP #1415. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-652-2009

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 19 described in the resolution, adopted on the 26th 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 19 as described in the resolution adopted on the 26th 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. 1415, 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 Assistant City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Williams, and the vote was as follows:

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

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

ASSESS COST FOR REMOVAL OF WEEDS, GROUP #1412. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-653-2009

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 #1412, 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 Assistant City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Williams, and the vote was as follows:

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF SPECIAL EVENTS RETAIL LICENSE FOR THE YMCA WING BOWL, BIENVILLE SQUARE (DISTRICT 2). The following resolution was introduced by Councilmember Richardson.


RESOLUTION 37-656-2009

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: Callaghan’s Irish Social Club, Inc.

Location: The YMCA Wing Bowl
Bienville Square, Downtown
Mobile, AL

The resolution was read by the Assistant 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution adopted.

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO REZONE PROPERTY ON THE SOUTH SIDE OF JOHNSTON LANE, EXTENDING FROM THE WEST SIDE OF ROSEDALE AVENUE (VACATED RIGHT-OF-WAY) TO THE CENTERLINE OF DICKENSON AVENUE (VACATED RIGHT-OF-WAY), AND TO MCCAY AVENUE (VACATED RIGHT-OF-WAY), 95’ + SOUTH OF JOHNSON LANE, FROM R-3 TO R-3, TO REMOVE A PREVIOUSLY APPROVED CONDITION (DISTRICT 6) (APPLICANT: MCMURRAY PLACE, LLC). The following resolution was introduced by Councilmember Gregory.

RESOLUTION 41-654-2009

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 Wednesday, the 10th day of November, 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 13th day of October, 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 SOUTHEAST CORNER OF LOT 2, PINEHURST, DELANY'S ADDITION TO SPRING HILL, RESUBDIVISION OF BLOCK 113, AS PER PLAT RECORDED IN MAP BOOK 35, PAGE 29 OF THE PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA; SAID POINT BEING ON THE WEST RIGHT OF WAY LINE OF ROSEDALE AVENUE; SAID POINT ALSO BEING ON THE NORTH BOUNDARY OF LOT 2B, OMNI OFFICE PARK, SIXTH ADDITION, RESUBDIVISION OF LOT 2, AS PER PLAT RECORDED IN MAP BOOK 114, PAGE 117 OF SAID PROBATE COURT RECORDS, OF MOBILE COUNTY, ALABAMA; THENCE ALONG SAID NORTH BOUNDARY OF LOT 2B, OMNI OFFICE PARK, SIXTH ADDITION, RESUBDIVISION OF LOT 2, RUN S 89° 36' 50" E 30.1 FEET TO THE CENTERLINE OF ROSEDALE AVENUE (NOW VACATED) AND THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE ALONG SAID CENTERLINE OF VACATED ROSEDALE AVENUE, RUN N 01° 27' 30" E 700.51 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF JOHNSTON LANE (FORMERLY SHAIN STREET); THENCE ALONG SAID SOUTH RIGHT OF WAY LINE OF JOHNSTON

LANE (FORMERLY SHAIN STREET), RUN S 88° 59' 52" E 349.32 FEET TO A POINT ON THE CENTERLINE OF DICKENSON AVENUE; THENCE ALONG SAID CENTERLINE OF DICKENSON AVENUE, RUN S 01° 27' 30" W 99.18 FEET TO A POINT; THENCE RUN S 88° 59' 52" E AND ALONG THE SOUTH BOUNDARY OF RESUBDIVISION OF LOTS 17 & 18, BLOCK 110, PINEHURST, DELANY'S ADDITION TO SPRING HILL, AS PER PLAT RECORDED IN MAP BOOK 74, PAGE 83 OF SAID PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA AND THE SOUTH BOUNDARY OF RESUBDIVISION OF LOTS 1 & 2, BLOCK 110, PINEHURST, DELANY'S ADDITION TO SPRING HILL, AS PER PLAT RECORDED IN MAP BOOK 91, PAGE 4 OF SAID PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA AND THE EASTWARD EXTENSION THEREOF, A DISTANCE OF 365.65 FEET TO A POINT ON THE WEST BOUNDARY OF PINEHURST, RESUBDIVISION OF LOTS C & D OF A RESUBDIVISION OF BLOCK 109, AS PER PLAT RECORDED IN MAP BOOK 68, PAGE 40 OF SAID PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA; THENCE ALONG SAID WEST BOUNDARY OF PINEHURST, RESUBDIVISION OF LOTS C & D OF A RESUBDIVISION OF BLOCK 109, RUN S 01° 27' 30" W 27.28 FEET TO THE SOUTHWEST CORNER OF SAID PINEHURST, RESUBDIVISION OF LOTS C & D OF A RESUBDIVISION OF BLOCK 109; THENCE ALONG THE SOUTH BOUNDARY OF SAID PINEHURST, RESUBDIVISION OF LOTS C & D OF A RESUBDIVISION OF BLOCK 109, RUN S 89° 01' 29" E 119.90 FEET TO A POINT ON THE WEST BOUNDARY OF HARDY SUBDIVISION, AS PER PLAT RECORDED IN MAP BOOK 44, PAGE 48 OF SAID PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA; THENCE ALONG SAID WEST BOUNDARY OF HARDY SUBDIVISION, RUN S 01° 27' 30" W 72.35 FEET TO A POINT; THENCE RUN N 89° 01' 29" W 25.00 FEET TO A POINT ON THE EAST BOUNDARY OF LOT F OF SAID PINEHURST, RESUBDIVISION OF LOTS C & D OF A RESUBDIVISION OF BLOCK 109; THENCE ALONG SAID EAST BOUNDARY OF LOT F AND AN EXTENSION THEREOF, RUN S 01° 27' 30" W 150.00 FEET TO A POINT ON THE NORTH BOUNDARY OF LOT 11, BLOCK 109, OF THE AFOREMENTIONED PINEHURST, DELANY'S ADDITION TO SPRING HILL; THENCE ALONG SAID NORTH BOUNDARY OF LOT 11, BLOCK 109, PINEHURST, DELANY'S ADDITION TO SPRING HILL, RUN S 89° 01' 29" E 50.00 FEET TO THE NORTHWEST CORNER OF LOT 8, BLOCK 109 OF THE AFOREMENTIONED PINEHURST, DELANY'S ADDITION TO SPRING HILL; THENCE ALONG THE WEST BOUNDARY OF SAID LOT 8, BLOCK 109 PINEHURST DELANY'S ADDITION TO SPRING HILL, THE WEST BOUNDARY OF LOT 9, BLOCK 109, OF SAID PINEHURST, DELANY'S ADDITION TO SPRING HILL AND THE SOUTHWARD EXTENSION THEREOF, THE WEST BOUNDARY OF LOTS 1, 2 AND 3, BLOCK 116 OF SAID PINEHURST, DELANY'S ADDITION TO SPRING HILL, RUN S 01° 27' 30" W 342.52 FEET TO A POINT ON THE NORTH BOUNDARY OF OMNI OFFICE PARK, AS PER PLAT RECORDED IN MAP BOOK 49, PAGE 121 OF THE AFOREMENTIONED PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA; THENCE ALONG SAID NORTH BOUNDARY OF OMNI OFFICE PARK AND THE WESTWARD EXTENSION THEREOF, THE NORTH BOUNDARY OF OMNI OFFICE PARK, SEVENTH ADDITION, AS PER PLAT RECORDED IN MAP BOOK 112, PAGE 38 OF SAID

PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA, THE NORTH BOUNDARY OF OMNI OFFICE PARK, FIFTH ADDITION, AS PER PLAT RECORDED IN MAP BOOK 77, PAGE 34 OF SAID PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA, THE NORTH BOUNDARY OF OMNI OFFICE PARK, SIXTH ADDITION, AS PER PLAT RECORDED IN MAP BOOK 96, PAGE 111 OF SAID PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA, AND THE AFOREMENTIONED NORTH BOUNDARY OF OMNI OFFICE PARK, SIXTH ADDITION, RESUBDIVISION OF LOT 2, RUN N 89° 36' 50" W 860.00 FEET TO THE POINT OF BEGINNING. CONTAINING 12.2695 ACRES.

The classification of said property is hereby changed from R-3, Multiple Family District, to R-3, Multiple Family District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in R-3, Multiple Family District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a R-3, Multiple Family District, until all of the conditions set forth below have been complied with: 1) limited to an approved Planned Unit Development; 2) completion of the Subdivision process; and, 3) full compliance with all other 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 Assistant 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, Hudson, Gregory, Copeland
Nays: None

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

CALL FOR PUBLIC HEARING TO REZONE PROPERTY AT 1108 SCHAUB AVENUE (WEST SIDE OF SCHAUB AVENUE, 190’+ SOUTH OF JOHNSTON LANE) FROM R-1 AND R-3 TO R-1 TO ELIMINATE SPLIT ZONING (DISTRICT 6) (APPLICANT: BERTIE RUTH LOWE). The following resolution was introduced by Councilmember Gregory.

RESOLUTION 41-655-2009


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 Wednesday, the 10th day of November, 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 13th day of October, 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:

LOT 2 HARDY SUBDIVISION, AS PER PLAT RECORDED IN MAP BOOK 44, PAGE 48 OF THE PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA, AND THE EAST 25 FEET OF LOT F, RESUBDIVISION OF PART OF BLOCK 109 PINEHURST, AS PER PLAT RECORDED IN MAP BOOK 39, PAGE 48 OF SAID PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA
The classification of said property is hereby changed from R-1, Single-Family Residential District and R-3, Multiple Family Residential District, to R-1, Single-Family Residential District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in R-1, Single-Family Residential District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a R-1, Single-Family Residential District until all of the conditions set forth below have been complied with: 1) full compliance with all applicable municipal codes and ordinances; and 2) new site development or construction to comply with all municipal codes and ordinances.


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

The resolution was read by the Assistant 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, Hudson, Gregory, Copeland
Nays: None

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

NOTE: The Presiding Officer called for a recess at 11:25 a.m.

NOTE: The Presiding Officer reconvened the meeting at 11:30 a.m.

NOTE: Lisa Lambert, City Clerk, conducted the canvassing of the votes of the run-off election held on October 6, 2009, for Council District 3.

DECLARE THE RESULTS OF THE MUNICIPAL RUN-OFF ELECTION HELD ON OCTOBER 6, 2009, FOR COUNCIL DISTRICT 3. The following resolution which was introduced and read at the beginning of the Council meeting was called up by the Presiding Officer.

RESOLUTION 27-648-2009

Sponsored by: Mayor Jones

WHEREAS, the Municipal Run-Off Election for the City of Mobile, Alabama, was duly and legally held on October 6, 2009, as proved by law; and

WHEREAS, the City Council of the City of Mobile, Alabama, met on this the 13th day of October, 2009, all members thereof being present at 10:30 a.m., and has canvassed


the returns and has ascertained and determined the number of votes received by each candidate; and

WHEREAS, the said City Council of the City of Mobile, Alabama, has ascertained and determined the results of said elections as follows:

TOTAL VOTES

COUNCILMEMBER DISTRICT 3
Jermaine A. Burrell 1,310
Clinton L. Johnson 1,116
2,426

A copy of the Canvass Printout by machine is attached hereto and made a part hereof as though set forth in full.

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

1. That Jermaine A. Burrell received a majority of the votes cast for the office of City Council, District 3, and is hereby declared duly elected to that office for the term beginning the first Monday in November, 2009.

The resolution was read by the City Clerk; whereupon Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Williams, 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.

ANNOUNCEMENTS:

Councilmember Copeland announced that work will begin tomorrow, October 14, 2009, on the Florida Street railroad culvert requiring a detour of the area.

Councilmember Carroll extended birthday wishes to his wife and his youngest daughter.

Councilmember Richardson noted he will hold a community meeting for the residents in the Midtown area on Thursday, October 22, 2009. The meeting will be at the Hearin-Chandler Auditorium at Mobile Infirmary beginning at 7:00 p.m.



Councilmember Richardson announced that the Neighborhood Community Service Department will present “Friday Night Flicks” at the Dow Amphitheater in the Trinity Gardens neighborhood beginning Friday night, October 16, 2009.

Councilmember Gregory stated she attended the annual block party for the Cobblestone Community Action group last Sunday, October 11, 2009.

Councilmember Gregory reported that the Botanical Gardens will present the “Plantasia” plant sale beginning with a preview on Thursday evening, October 15, 2009, and continuing through Sunday, October 18, 2009.

Councilmember Copeland noted that the South Alabama Jaguars football team is still undefeated, and he encouraged everyone to attend this Saturday’s game.

The Presiding Officer adjourned the meeting at 11:39 a.m.

Approved: November 3, 2009


_____________________________
COUNCIL PRESIDENT

_____________________________
ASSISTANT CITY CLERK

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