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 Jan 15, 2013

MUNICIPAL BUILDING, MOBILE, ALABAMA, JANUARY 15, 2013

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, January 15, 2013, at 9:00 a.m.

Present:
Chairman: Copeland
Councilmembers: Richardson, Carroll, Small, Williams, Rich, Gregory
Absent: None

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

The Presiding Officer adjourned the meeting.

Approved: January 29, 2013


_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK


MUNICIPAL BUILDING, MOBILE, ALABAMA, JANUARY 15, 2013

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, January 15, 2013, at 10:30 a.m., in regular meeting.

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

Reverend 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, Small, Williams, Rich, Gregory
Absent: None

STATEMENT OF RULES BY COUNCIL PRESIDENT:

The Presiding Officer stated that all cell phones must be turned off and dispensed with reading the following Rules concerning communications with the City Council, with the exception of #1, #2 and #4:

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.

Councilmember Copeland introduced Mr. Kevin Smith, a Springhill College student, who will be serving as an intern in his office.

APPROVAL OF MINUTES:

None

COMMUNICATIONS FROM THE MAYOR:

Mayor Jones presented a Certificate of Recognition to Officer Robert Lunsford, “Officer of the Month” for December 2012.

Councilmember Williams recognized the Blue Star Salute Foundation of Alabama on the occasion of their 9th year of honoring area military. Ms. Paula Edmondson and Lieutenant Colonel R. Glenn Nivens, both of Blue Star Salute, gave additional information regarding the foundation.

MONTHLY FINANCE REPORT:

City Clerk Lambert noted that the monthly finance report will be postponed until a later date.

ADOPTION OF THE AGENDA:

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

Ayes: Richardson, Carroll, Small, Williams, Rich, 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 Charles Benion for a waiver of the Noise Ordinance at 2451 Dubose Street on February 9, 2013, from 5:00 p.m. until 10:00 p.m. (District 1).

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

Ayes: Richardson, Carroll, Small, Williams, Rich, 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 Mary-Lacey Rogers for a waiver of the Noise Ordinance at the Bragg-Mitchell Mansion, 1906 Springhill Avenue, on December 7, 2013, from 7:30 p.m. until 11:00 p.m. (District 1).

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

Ayes: Richardson, Carroll, Small, Williams, Rich, 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 Ann Nguyen for a waiver of the Noise Ordinance at 7060 Three Notch Road, Golden Flames Banquet & Ballroom, on January 27, 2013, from 2:00 p.m. until 1:30 a.m. (District 4).

The appeal was read by the City Clerk and Councilmember Williams moved that the appeal be laid over for one (1) week to the regular meeting of Tuesday, January 22, 2013, which motion was seconded by Councilmember Richardson, and the vote was as follows:

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

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the appeal laid over for one (1) week to the regular meeting of Tuesday, January 22, 2013.

PUBLIC HEARINGS:

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 1257 BUCKER ROAD IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 3). The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 1257 Bucker Road is a public nuisance and order it repaired or demolished, and asked if there was anyone present to speak for or against this matter. No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 1630 FERNBROOK DRIVE IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 4). The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 1630 Fernbrook Drive is a public nuisance and order it repaired or demolished, and asked if there was anyone present to speak for or against this matter. No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 460 ELMWOOD DRIVE IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 5). The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 460 Elmwood Drive is a public nuisance and order it repaired or demolished, and asked if there was anyone present to speak for or against this matter. No one appeared.

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

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

(A) NON-AGENDA ITEMS:

(1) Mr. Carnell Davis, 1117 Lincoln Avenue, spoke before the Council in opposition to the recently approved Council district reapportionment (Ordinance 02-034). He commented that in his opinion the reapportionment was racially discriminatory.

(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 01-019 through 03-036, which motion was seconded by Councilmember Gregory, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for all items.

RESOLUTIONS BEING INTRODUCED:

EXTEND TO JANUARY 17, 2015, THE LENGTH OF THE SUPPLEMENTAL AGREEMENT NUMBER 1 WITH THE STATE OF ALABAMA DEPARTMENT OF TRANSPORTATION FOR MCGREGOR AVENUE (ADDITIONAL LANES FROM DAUPHIN STREET TO AIRPORT BOULEVARD). The following resolution was introduced by Councilmember Rich.

RESOLUTION 01-019-2013

Sponsored by: Mayor Jones

BE IT RESOLVED, by the City Council of the City of Mobile, Alabama as follows:

1. That the City enters into a Supplemental Agreement Number 1 with the State of Alabama, acting by and through the Alabama Department of Transportation for:

Preliminary Engineering Agreement for Project STPMB-7508 ( ), Project Reference Number 100052468 for McGregor Avenue, additional lanes from Dauphin Street to Airport Boulevard in the City of Mobile; which Agreement is before this Council.

2. That the Agreement be executed in the name of the City, by its Mayor, for and on its behalf;

3. That the Agreement be attested by the City Clerk and the seal of the City affixed thereto.

BE IT FURTHER RESOLVED, that upon the completion of the execution of the Agreement by all parties, that a copy of such Agreement be kept on file by the City Clerk.

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

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

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

AUTHORIZE AGREEMENT WITH OCE’ NORTH AMERICA FOR RENTAL OF COLOR COPIER FOR THE CPD DEPARTMENT, $8,684.21 (3 YEARS). The following resolution was introduced by Councilmember Small.

RESOLUTION 01-020-2013

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 with OCE' North America for rental of one digital multifunction color copier, as outlined 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 Small moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

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

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

APPOINT COUNCILMEMBER JOHN WILLIAMS AS AN EX OFFICIO MEMBER OF THE MOBILE PLANNING COMMISSION. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 03-021-2013

Sponsored by: Councilmembers Copeland and Gregory

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that John Williams is hereby appointed as an Ex Officio member of the Mobile Planning Commission for a term ending November 4, 2013.

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. Following comments from Councilmember Rich, the vote was as follows:

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

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

AUTHORIZE CONTRACT WITH THOMAS INDUSTRIES, INC., FOR SAENGER THEATER-CONCESSION FLOOR REPAIR, $38,700.00. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 21-022-2013

Sponsored by: Mayor Jones and Councilmember Carroll

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a 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 contract is on file in the office of the City Clerk.

Name of Company: Thomas Industries, Inc.

Project Name: Saenger Theater-Concession Floor Repair

Project Number: CL-125-12

Amount: $38,700.00

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 Rich, and the vote was as follows:

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

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

AUTHORIZE CONTRACT WITH PEAVY CONSTRUCTION COMPANY, INC., FOR HOWARD JOHNSON PARK-PARKING AND TRAIL IMPROVEMENTS, $41,741.10. The following resolution was introduced by Councilmember Williams.

RESOLUTION 21-023-2013

Sponsored by: Mayor Jones and Councilmember Williams

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 contract is on file in the office of the City Clerk.

Name of Company: Peavy Construction Company, Inc.

Project Name: Howard Johnson Park-Parking and Trail Improvements

Project Number: PR-141-11

Amount: $41,741.10

The resolution was read by the 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, Small, Williams, Rich, Gregory, Copeland
Nays: None

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

AUTHORIZE SERVICE CONTRACT WITH UNITED SITE SERVICES OF MISSISSIPPI, LLC, FOR MARDI GRAS 2013 PORTABLE TOILETS, $30,380.00. The following resolution was introduced by Councilmember Rich.

RESOLUTION 21-024-2013

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 though set forth in full. A copy of said contract is on file in the office of the City Clerk.

Name of Company: United Site Services of Mississippi, LLC

Project Name: Service Contract-Mardi Gras 2013 Portable Toilets

Project Number: PS-014-13

Amount: $30,380.00

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

Ayes: Richardson, Carroll, Small, Williams, Rich, 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 ONLY) LICENSE FOR MS D’S CONVENIENCE STORE, 964 SOUTH WASHINGTON AVENUE. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 37-025-2013

Sponsored by: Councilmember Small

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: Timothy Danyelle Poellnitz

Location: MS D's Convenience Store
964 South Washington Avenue
Mobile, AL 36603

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 Small, and the vote was as follows:

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR BRIQUETTES, 720A SCHILLINGER ROAD SOUTH. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 37-026-2013

Sponsored by: Councilmember Rich

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: Briquettes, LLC

Location: Briquettes
720A Schillinger Road South
Suite 2 and 3
Mobile, AL 36695

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 Small, and the vote was as follows:

Ayes: Richardson, Carroll, Small, Williams, Rich, 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 SPECIAL RETAIL – MORE THAN 30 DAYS – LICENSE FOR AZALEA CITY GRILL, 1000 GAILLARD DRIVE. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 37-027-2013

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: Special Retail — More Than 30 Days

Submitted by: Azalea City Grill, LLC

Location: Azalea City Grill
1000 Gaillard Drive
Mobile, AL 36608

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 Small, and the vote was as follows:

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

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

DECLARE THE STRUCTURE AT 1257 BUCKER ROAD A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 3). The following resolution was introduced by Councilmember Small.

RESOLUTION 40-028-2013

Sponsored by: Councilmember Small

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1257 Bucker Road has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

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

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the structure at 1257 Bucker Road described as:

LOT 20 BLK 5 FULTON RIDGE ESTS MBK 4 P 110 #SEC 32 T4S R1W #MP29 11 32 4 002

Parcel # 02-29-11-32-40-02-052

Last Assessed to: Sally Ramey
11271 Ann Road
Theodore, AL 36582

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

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also be filed in the Office of the Judge of Probate of Mobile County, Alabama.

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

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

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

DECLARE THE STRUCTURE AT 1630 FERNBROOK DRIVE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 4). The following resolution was introduced by Councilmember Small.

RESOLUTION 40-029-2013

Sponsored by: Councilmember Williams

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1630 Fernbrook Drive has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

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

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the structure at 1630 Fernbrook Drive described as:

LOT 79 9TH UNIT PART C MORNINGSIDE MANOR MBK 13 P 113 #SEC 06 T5S R1W #MP32 02 06 0 004

Parcel # 02-32-02-06-00-04-212


Last Assessed to: Charles Thomas Bush
% Gerald and Jacqueline Mart
6551 Zeigler Boulevard
Mobile, AL 36608

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

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also be filed in the Office of the Judge of Probate of Mobile County, Alabama.

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

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

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

DECLARE THE STRUCTURE AT 460 ELMWOOD DRIVE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 5). The following resolution was introduced by Councilmember Small.

RESOLUTION 40-030-2013

Sponsored by: Councilmember Copeland

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 460 Elmwood Drive has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

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

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the structure at 460 Elmwood Drive described as:

LOT 25 BLK G BERKSHIRE HILLS PART A MBK 6 P 595 #SEC 38 T4S R2W #MP28 08 38 4 003

Parcel # 02-28-08-38-40-03-097

Last Assessed to: Theresa Edwina Robinson
P. O. Box 2288
Morristown, NJ 07962

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

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also be filed in the Office of the Judge of Probate of Mobile County, Alabama.

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

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

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

ADD D&R LAWN SERVICE TO THE ROTATION LIST OF PRIVATE CONTRACTORS TO ABATE PROPERTIES DECLARED PUBLIC NUISANCES. The following resolution was introduced by Councilmember Rich.

RESOLUTION 58-031-2013

Sponsored by: Mayor Jones

WHEREAS, the City Council of Mobile, Alabama, on February 28, 1990, adopted Ordinance No. 24-014, entitled "AN ORDINANCE AMENDING ORDINANCE NUMBER 24-074 ADOPTED JULY 5, 1988, PROVIDING THAT CERTAIN WEEDS AND DEBRIS WITHIN THE CITY OF MOBILE CONSTITUTE A PUBLIC NUISANCE; ABATEMENT AND PRIVATIZATION PROCEDURES; ASSESSMENT, COLLECTION, AND ENFORCEMENT PROCEDURES; and

WHEREAS, Article III, Section III, of said Ordinance provided that a rotation list of private contractors be established to abate properties declared public nuisances; and

WHEREAS, the following company has complied with all requirements of said Ordinance, and all documentation required by said Ordinance is on file in the Lot Cleaning Division of the Land Use/Code Administration Department.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that D&R Lawn Service be added to the rotation list for utilization by the City of Mobile to abate properties declared as public nuisances.

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

Ayes: Richardson, Carroll, Small, Williams, Rich, 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 #1482. The following resolution was introduced by Councilmember Rich.

RESOLUTION 58-032-2013

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 #1482, 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 19th day of February, 2013, 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 Rich moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Carroll, Small, Williams, Rich, 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 #1483. The following resolution was introduced by Councilmember Rich.

RESOLUTION 58-033-2013

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 #1483, 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 19th day of February, 2013, 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 Rich moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

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

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

ASSESS COST FOR REMOVAL OF WEEDS, GROUP #1469. The following resolution was introduced by Councilmember Rich.

RESOLUTION 58-034-2013

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 #1469 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 Rich moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

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

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

ASSESS COST FOR REMOVAL OF WEEDS, GROUP #1471-B. The following resolution was introduced by Councilmember Rich.

RESOLUTION 58-035-2013

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 #1471-B 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 Rich moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

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

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

RE-APPOINT MR. H. A. “BERT” MEISLER AND MRS. PAT EDINGTON TO THE MOBILE AIRPORT AUTHORITY. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 03-036-2013

Sponsored by: Mayor Jones

BE IT RESOLVED, BY THE CITY COUNCIL OF MOBILE, ALABAMA that the following be, and they hereby are, re-appointed to the Mobile Airport Authority effective immediately, for terms expiring March 25, 2018:

Mr. H. A. “Bert” Meisler
Mrs. Pat Edington

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 Small, and the vote was as follows:

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

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

ANNOUNCEMENTS:

Councilmember Copeland mentioned that the City is in the process of trying to schedule a date to honor two University of Alabama football players, A. J. McCarron and C. J. Mosley, at an upcoming Council meeting. Both players originate from the Mobile area.

Councilmember Williams commented that he and Councilmember Carroll participated in the First Light Marathon this past Sunday. He congratulated those who worked very hard on the First Light Marathon, including Ms. Peggy Olive and Mr. Marty O’Malley of L’Arche Mobile.

Councilmember Williams asked the Administration to assist the Council in providing information to citizens at an upcoming Council meeting about the company that recently took over the curbside recycling program to address questions and concerns. He said he has received numerous calls indicating that the changeover has caused many residents confusion and distress about what is expected of them to continue with their recycling efforts.

Councilmember Carroll also reported on the First Light Marathon. He also spoke about L’Arche Mobile and their notable efforts in the special needs community.

Councilmember Carroll mentioned that the 13th annual Panther Pride 5K Run, to benefit Murphy High School, will take place on Saturday, January 19, 2013.

Councilmember Carroll noted that the Murphy vs. McGill-Toolen high school basketball game will take place tonight beginning at 7:30 p.m. The game will be played at McGill-Toolen High School.

Councilmember Carroll congratulated players from the three basketball teams he is coaching this season.

Councilmember Gregory commented that she has also received many calls pertaining to the curbside recycling program recently acquired by Greenie in a Bottle. She said that despite the fact that Keep Mobile Beautiful Director Bob Haskins has been trying to get out information to citizens as quickly as possible, including information being posted on the City website, there still seems to be some confusion. She stated that any additional information will be appreciated by everyone.

Councilmember Gregory reported on the recent Mobile Terrace Park opening which was well attended by residents. She said that the park will be a wonderful asset to the community. She thanked everyone involved in for bringing it to fruition. She gave special thanks to Executive Director of Administrative Services and Public Affairs Barbara Drummond and her staff for organizing the grand opening event.

Councilmember Copeland announced that the Springhill College Junior Varsity Basketball team will play tonight.

Councilmember Copeland commented on a girl’s high school basketball game he attended between St. Luke’s Episcopal School and Marengo Academy.

Councilmember Richardson reported on the last Mobile Street Beautification Meeting, which included plans to not only beautify Mobile Street but to expand and work on the revitalization of the entire Crichton community. The group will have its next meeting on Wednesday, March 6, 2013, 6:00 p.m., at the St. Stephens AME Church. On Saturday, February 2, 2013, this group will be planting trees along Mobile Street starting at Spring Hill Avenue going north toward Fillingim Street, beginning at 9:00 a.m. rain or shine. The staging area for the tree planting will be at Williams Chapel A.M.E. Church, 2674 Hayles Street.

Councilmember Richardson announced that the Environmental Court session scheduled for Wednesday, January 16, 2013, at the Dumas Wesley Center has been postponed until March 4, 2013, to allow citizens additional time to clean up the debris from the recent tornadoes.

Councilmember Richardson said that in an effort to eliminate blight in the Crichton area, he was in the process of trying to appoint at least one street captain per street in the community. He stated that he hoped to meet with the street captains along with representatives from the Urban Development Department, as well as Judge A. Holmes Whiddon of the Environmental Court, to educate them on City ordinances and codes pertaining to blight.

Councilmember Richardson commented on the areas affected in his district by the recent tornadoes and the large number of citizens in the Crichton and Toulminville communities who did not have insurance. At the Council’s last Entitlement Committee Meeting, Mr. Alex Ikefuna, Director of Community Planning and Development, suggested that the City check with the U. S. Department of Housing and Urban Development (HUD) to see if funding could be diverted to those individuals who did not have insurance and the areas hit hardest by the storms.

Mr. Ikefuna said that his staff was currently drafting a request for Community Development Block Grant (CDBG) funds for home improvement. He requested that Councilmember Richardson allow his department to attend his next community meeting to distribute applications and answer any questions they may have regarding the program. He also said that he will e-mail copies of the forms to Councilmembers, put them on the City’s website and have copies available for citizens to pick up.

Councilmember Carroll commented that there were several areas in his district affected by the tornadoes as well. He encouraged anyone who had property damage from the storms to fill out a form, even if they are unsure whether or not they qualify.

Councilmember Richardson announced that he will be absent from next week’s Council meeting as he will be attending the inauguration of President Obama in Washington, D.C.

Councilmember Rich reminded everyone that the recycling program is voluntary and not operated by the City. She said that it was her understanding that with the new company there will be a charge for home pick up but there will still be some locations around the City where citizens can drop off their recycling at no charge.

Councilmember Rich announced that her next District 6 community meeting will take place on Thursday, January 24, 2013, at the Mobile Regional Senior Community Center from 6:30 p.m. until 8:00 p.m. Public safety officials are scheduled to attend and topics of discussion will include storm water management and community concerns.

Councilmember Rich commented that it has been brought to her attention that there are no emergency sirens located in District 6. She said that she plans to meet with the Mobile County Emergency Management Agency (EMA) tomorrow to see what can be done to add additional sirens as her district is heavily populated.

Councilmember Rich wished Councilmember Copeland a happy birthday tomorrow.

Councilmember Small also wished Councilmember Copeland a happy birthday.

Councilmember Small gave details on the Voluntary Income Tax Assistance (VITA) program available to qualified taxpayers. Additional information is available through the United Way.

Councilmember Small noted that there will be a ground-breaking ceremony for the new community garden in Taylor Park on Saturday, January 19, 2013, beginning at 1:00 p.m.

Councilmember Small announced the “Yard of the Month” program will begin the first weekend in February throughout the district. He urged citizens to start working to beautify their yards.

Mayor Jones said that he is planning to invite representatives from the company that took over the recycling program to come down to the next Council meeting so they can explain their position and tell the public about their future plans.

Mayor Jones commended Public Works employees for their hard work during the debris removal associated with the recent tornadoes. He noted that the damage in the affected area does not meet the threshold for Federal Emergency Management Agency (FEMA) assistance, but the Administration is busy looking for additional assistance such as help from other municipalities, private groups and faith based organizations.

The Presiding Officer adjourned the meeting at 11:25 a.m.

Approved: January 29, 2013


_____________________________
COUNCIL PRESIDENT


_____________________________
CITY CLERK




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