Mobile Government

CITY COUNCIL MEETINGS: Minutes and Agendas


 Subscribe to RSS Feed - Council Agendas


The City Council meets every Tuesday


9:00 a.m. - Pre Council Meeting in the Council Conference Room on the 9th Floor of the South Tower in Government Plaza.

10:30 a.m. - The Council Meeting begins in Government Plaza Auditorium on the First Floor.


Council minutes for Apr 19, 2016

MUNICIPAL BUILDING, MOBILE, ALABAMA, APRIL 19, 2016

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, April 19, 2016, at 9:00 a.m.

Present:
Chairman: Gregory
Councilmembers: Richardson, Manzie, Small, Rich, Williams and Daves
Absent: None

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

The Presiding Officer adjourned the meeting.

Approved:

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK


MUNICIPAL BUILDING, MOBILE, ALABAMA, APRIL 19, 2016

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, April 19, 2016, at 10:30 a.m., in regular meeting.

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

Reverend Spencer Baggott, Mobile First Church of the Nazarene, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

Chairman: Gregory
Councilmembers: Williams, Manzie, Small, Daves, Rich and Richardson
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 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 four 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 the meeting of April 12, 2016, were approved as submitted.

Councilmember Daves moved to amend the minutes of March 29, 2016 pertaining to amendments made to Ordinance 64-013 to reflect on page twenty-six of the minutes that Mr. Daves moved to delete the last sentence of subsection 7(b) and to replace it with the quoted sentence.

The motion was seconded by Councilmember Williams.

Councilmember Rich requested from the administration a legal opinion on the Planned Unit Development (PUD) process for operators and owners of the oil storage tank properties.

Councilmember Gregory called for the vote which was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory.
Nays: None

The presiding officer ordered the motion granted.

Councilmember Daves moved to approve the March 29, 2016 minutes as amended, which motion was seconded by Councilmember Williams and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory.
Nays: None

The presiding officer ordered the minutes amended.

With this amendment, page twenty-six of the minutes will read as follows:

Councilmember Daves offered additional amendments as follows:

1. To the definition of the term “Site” in the definitions section of the ordinance to replace it with the definition adopted by the Planning Commission as follows:

Site: Land under common ownership or control located in an I-2 district being utilized in whole or in part on the effective date of the amendment adding this Subsection K for the purpose of the operation of one or more above ground oil storage tanks.

2. To Subsection 7(b) of the “grandfather” clause by deleting the last sentence of the paragraph and replacing it as follows:

New tanks that are additional tanks and are not replacement for existing tanks may be constructed on sites that already have Planning approval or that did not require Planning approval at the time constructed provided that a building permit is received, the tank complies with all then existing regulatory requirements, and the Planning Department is provided the information required by 64.4K.4 (a) (II), (III), (IV and (V).

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson read a proclamation declaring April 23, 2016 as “Earth Day” in the City of Mobile.

Mayor Stimpson mentioned that after a collaborative process with the City Council, he has submitted a $3.47 million road contract to begin a total reconstruction of Ann Street stretching from Arlington Street to Douglas Street. The project includes a complete drainage and street rehabilitation that will address storm drains, water, sewer, curbs, gutters, sidewalks and other utilities. Power line and communication line relocations are already underway, but physical roadway work is tentatively scheduled to begin this summer.

Mayor Stimpson stated that on today’s agenda the Administration is asking the Council to approve the TIGER (Transportation Investment Generating Economic Recovery) Grant application to the U.S. Department of Transportation. If awarded the City will receive $14,400,000.00 in Federal Funding to reconstruct the Broad to Beauregard Corridor and connect it to the Three Mile Greenway.

Mayor Stimpson indicated items on today’s agenda for contracts with Hutchinson Aerospace and VT Mobile Aerospace Engineering, Inc. will create new jobs and support existing jobs.

Mayor Stimpson expressed he was honored to meet Admiral Michelle Howard at a breakfast, hosted by the Buffalo Soldiers. Admiral Howard was the first African American woman to command a U.S. Navy ship, the first woman to become a Four Star Admiral and the first African American and woman to become the Vice Chief of Naval Operations.

Mayor Stimpson recognized Major General Gary Cooper, Retired. Major General Cooper attended the breakfast for Admiral Howard.

Mayor Stimpson announced he will be hosting his first “Walk and Talk in the Park” on Thursday, April 21, 2016, at 7:00 a.m. in Figures Park. Mayor Stimpson invited the public to join him for a walk on the new trail and to talk about issues that are important to them.

Mayor Stimpson stated that the 2016 2.5% Cost of Living Allowance (COLA) pay raise for all City employees will be on their checks this Friday.

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, Manzie, Small, Williams, Daves, Rich and Gregory
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 Candace McNickles, Behind the Makeup, for a waiver of the Noise Ordinance at 300 Conti Street on May 21, 2016, from 1:00 p.m. – 6:00 p.m. (District 2).

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

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
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 Dannie Pledger, Jr., Divine Purpose, for a waiver of the Noise Ordinance at Cathedral Square on June 17, 2016, from 4:00 p.m. – 10:00 p.m. (District 2).

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

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
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 Evelyn M. Harbison, Christ N Us Ministry, for a waiver of the Noise Ordinance at 5834 Rabbit Creek Drive on May 14, 2016, from 12:00 p.m. – 6:00 p.m. (District 4).

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

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.

4.) The Council considered the request of Leo Bennett, Variety Entertainment, for a waiver of the Noise Ordinance at 1035 Cody Road (The Grounds) on June 4, 2016, from 4:00 p.m. – 11:00 p.m. (District 7).

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

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.

PUBLIC HEARINGS:

PUBLIC HEARING TO REZONE PROPERTY LOCATED AT 351 AND 401 WESTERN DRIVE AND 3216 AND 3224 MOFFETT ROAD (NORTH SIDE OF MOFFETT ROAD, 320 ± WEST OF WESTERN DRIVE EXTENDING TO THE WEEST SIDE OF WESTERN DRIVE 320 ± NORTH OF MOFFETT ROAD) FROM B-1 TO B-3 AND I-1.

The Presiding Officer announced that today was the day for the public hearing to rezone property located at 351 and 401 Western Drive and 3216 and 3224 Moffett Road 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 REZONE PROERTY AT 3500 AND 3520 GOVERNMENT BOULEVARD (NORTH SIDE OF WEST I-65 SERVICE ROAD SOUTH, 510 ± EAST OF LAKESIDE DRIVE) FROM I-1 AND B-3 TO B-3.

The Presiding Officer announced that today was the day for the public hearing to rezone property located at 3500 and 3520 Government Boulevard.

No one appeared

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

PUBLIC HEARING TO CONSIDER THE APPLICATION OF YVETTE D. CLIFTON D/B/A CLIFTON TRANSPORTATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A SHUTTLE SERVICE.

The Presiding Officer announced that today was the day for the public hearing to consider the application of Yvette D. Clifton d/b/a Clifton Transportation for a Certificate of Public Convenience and Necessity for a shuttle service 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 DETERMINE IF THE STRUCTURE AT 1300 GREENWOOD AVENUE IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED.

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 1300 Greenwood Avenue is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

Dianne Watts, 203 Bay Shore Avenue, had questions regarding the matter. Councilmember Gregory asked Deputy Director of Municipal Enforcement David Daughenbaugh to work with Ms. Watts.

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 153 CRENSHAW STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED.

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 153 Crenshaw Street is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 912 ALBA STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED.

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 912 Alba Street is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 1262 ADAMS STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED.

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 1262 Adams Street is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 3004 BOOKER STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED.

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 304 Booker Street is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 124 MICHAEL DONALD AVENUE IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED.

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 124 Michael Donald Avenue is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 2312 DOG RIVER DRIVE NORTH IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED.

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 2312 Dog River Drive North 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 251 NORTH PINE STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED.

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 251 North Pine Street is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

AGENDA ITEMS:

Irene Antone, 2202 Clinton Street, gave suggestions about possible sites for the new fire station in Crichton.

NON-AGENDA ITEMS:

(1) Al Hutchinson of Visit Mobile, 753 St. Francis Street, gave a six (6) month update on the new brand “Born to Celebrate” being in the marketplace.

Councilmember Small stated that he is a member of the National Funeral Directors and Morticians Association, Inc. who will hold their national convention in Mobile in 2019.

Councilmember Daves commented that he had the pleasure to attend a conference hosted by Visit Mobile for “Global Conference Day.” Councilmember Daves urged all citizens to encourage their organizations to hold conferences in Mobile.

Councilmember Richardson commended Mr. Hutchinson for doing an outstanding job.

Councilmember Rich thanked Mr. Hutchinson for giving the Council benchmarks.

Councilmember Gregory echoed the sentiments of the other Councilmembers and stated that “Born to Celebrate” embraces what Mobile is all about.

(2) Jerald Riviere, 11124 Oak Farms Lane, Irvington, Alabama, spoke about being denied disability benefits from the Mobile Police Department.

(3) Herb Wagner, 732 Jemison Street addressed the Council regarding the oil storage tank ordinance.

(4) Brian Lee, 300 Trent Mill Court, voiced his concerns about House Bill 371 that pertains to the Mobile County Personnel Board’s hiring practices and lay-offs.

ORDINANCES HELD OVER:

REZONE PROPERTY AT 2724 OLD SHELL ROAD AND 104 AND 106 BAY SHORE AVENUE (NORTHEAST CORNER OF OLD SHELL ORAD AND BAY SHORE AVENUE) FROM LB-2, B-2 AND R-1 TO B-2, TO ALLOW A RETAIL BUSINESS AND RESTAURANT. The following ordinance which was introduced and read at the regular meeting of Tuesday, April 12, 2016, and held over until the regular meeting of Tuesday, April 19, 2016, was called up by the Presiding Officer.

Ordinance: 64-018-2016

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, the same hereby is changed and altered in respect to that certain property in the City of Mobile, State of Alabama, described as follows to-wit:

LOTS 11, 12, 13, 14, 15, 16, 17, 18, 19 & 20 BLK 5 CRICHTON SUB DEED BOOK 107 PAGE 216 OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE, MOBILE COUNTY, ALABAMA.

The classification of said property is hereby changed from LB-2, Limited-Neighborhood Business District, B-2, Neighborhood Business District and R-1, Single Family Residential District, to B-2, Neighborhood Business District, to B-2, Neighborhood Business District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a B-2, Neighborhood Business District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land hereinabove described shall be used for any use allowed in a B-2 Neighborhood Business District, until all of the conditions set forth below have been complied with:

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

The resolution was read by the City Clerk; whereupon Councilmember Williams moved that the resolution be adopted, which was seconded by Councilmember Rich, after comments from Councilmember Richardson, the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

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

RESOLUTIONS HELD OVER:

REALLOCATE $355,000.00 OF UNALLOCATED FUNDS IN THE STRATEGIC PLAN FUND (FUND 2005) TO CAPITAL PROJECT CO098-CRICHTON FIRE STATION. The following ordinance was introduced by Councilmember Daves.

RESOLUTION: 09-259-2016

Sponsored by: Councilmember Richardson and Mayor Stimpson

BE IT-RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that $355,000.00 of unallocated funds in the Strategic Plan Fund (Fund 2005) be allocated to Capital Project C0098 Crichton on Fire Station.

The resolution was read by the City Clerk; whereupon Councilmember Daves moved that the resolution be adopted, which was seconded by Councilmember Williams, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

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

AUTHORIZE CONTRACT WITH WHLC ARCHITECTURE (WASHER HILL LIPSCOMB CABANISS, LLC) FOR CITY OF MOBILE, ALABAMA CRUISE TERMINAL IMPROVEMENTS-INTERIOR DESIGN SERVICES, $10,440.00 (D2; CT-017-16; CO259). The following resolution was introduced by Councilmember Williams.

RESOLUTION: 21-260-2016

Sponsored by: Councilmember Manzie and Mayor Stimpson

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: WHLC Architecture, aka
(Washer Hill Lipscomb Cabaniss, LLC)

Project name: City of Mobile, Alabama Cruise Terminal Improvements
Interior Design Services

Project number: CT-017-16

Amount: $10,440.00

The resolution was read by the City Clerk; whereupon Councilmember Williams moved that the resolution be adopted, which was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

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

AUTHORIZE CONTRACT WITH WATERMARK DESIGN GROUP FOR ARCHITECTURAL SERVICES FOR THE NEW CRICHTON FIRE STATION, 2825 SPRINGHILL AVENUE, $145,000.00 (D1; CO098; FD-131-16). The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 21-261-2016

Sponsored by: Councilmember Richardson and Mayor Stimpson

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: Watermark Design Group

Project name: Crichton Fire Station

Project number: FD-131-16

Amount: $145,000.00

The resolution was read by the City Clerk; whereupon Councilmember Richardson moved that the resolution be adopted, which was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

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

AUTHORIZE THE PURCHASE AND SALE AGREEMENT WITH SPRINGHILL AND DAVENPORT, LLC FOR UNDEVELOPED REAL PROPERTY AT THE INTERSECTION OF DAVENPORT AVENUE AND HAAS AVENUE, $190,000.00 (CRICHTON FIRE STATION; D1; C0098). The following resolution was introduced by Councilmember Williams.

RESOLUTION: 23-262-2016

Sponsored by: Councilmember Richardson and Mayor Stimpson

BE IT RESOLVED, THAT:

The Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively for and in the name, and on behalf of the City of Mobile, the attached Purchase and Sale Agreement with SPRINGHILL AND DAVENPORT, LLC for the vacant land to be used for a new fire station.

BE IT FURTHER RESOLVED THAT:

The City of Mobile does hereby accept the deed, when prepared, from SPRINGHILL AND DAVENPORT, LLC for said vacant lot.

SAID DEED is by reference made a part of this resolution as fully as if set forth herein and a copy will be on file in the office of the City Clerk and in the office of the Real Estate Officer of the City of Mobile.

BE IT FURTHER RESOLVED, THAT: The Real Estate Officer of the City of Mobile is hereby authorized and directed to execute for and in the name of and on behalf of the City of Mobile whatever supporting documents, affidavits, closing statements, or other ancillary forms necessary to complete the transaction and;

The Executive Director of Finance is authorized and directed to issue a check in the amount of $190,000.00 plus associated fees and closing costs, and forward said check to the City of Mobile Real Estate Officer for delivery when the closing date is set.

The resolution was read by the City Clerk; whereupon Councilmember Williams moved that the resolution be adopted, which was seconded by Councilmember Daves.

After a brief discussion Councilmember Rich advocated holding the item over. Councilmember Richardson offered an amended motion to lay the matter over for one (1) week, which was seconded by Councilmember Rich and the vote was as follows:

Ayes: Richardson, Manzie, Small, Rich and Gregory
Nays: Williams and Daves

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution held over for one (1) week.

ACCEPT PLANS FROM ALDOT REGARDING RESURFACING OF SR-13 (US 43) FROM JUST SOUTH OF SR-16 (US 90) (BAY BRIDGE ROAD) TO JUST NORTH OF 24-158 (ALDOT PROJECT NH-0013(600)) The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 60-263-2016

Sponsored by: Councilmember Manzie and Mayor Stimpson

WHEREAS, the City of Mobile, Alabama (hereinafter at times referred to as City) is desirous of having certain improvements made on SR-13 (US-43) within the City limits of Mobile, in accordance with plans prepared by the Alabama Department of Transportation and designated as Project Number NH-0013(600), Resurfacing of SR-13(US-43) from just south of SR-16(US 90) to just north of SR-158 in Mobile County.

WHEREAS, The Alabama Department of Transportation is now or may later be desirous of receiving Federal Aid for improvement of said highway and;

WHEREAS, The Federal Highway Administration, an agency of the United States of America, will not participate in any funding for the construction of said project until and unless the City of Mobile will agree to certain requirements of the Federal Highway Administration. The City of Mobile for the purpose of complying with requirements of the Federal Highway Administration in regard to its funding of improvements of the type and kind in this agreement provided for does hereby pass and adopts the following resolution.

BE IT RESOLVED by the City Council of Mobile that the plans of said project including alignment, profile, grades, typical sections and paving layouts as submitted to this City and which are now on file in the office of the City Clerk are hereby approved and that the location of said project as staked out by the Alabama Department of Transportation and as shown by said plans referred to are hereby approved and the Alabama Department of Transportation, in cooperation with the Federal Highway Administration, is hereby authorized to proceed with the grading, draining, paving, and otherwise improving and construction of said project in accordance with said plans.

The City by and through its Council hereby grants to the Alabama Department of Transportation the full use of and access to the dedicated widths of any existing streets for the construction of said project and hereby agrees to permit and allow the Alabama Department of Transportation to close and barricade the said project and intersection streets for as long as necessary while the said project if being graded, drained, paved, and otherwise improved, and hereby agrees that the use of any street or highway for parking within an interchange area will not at any time be permitted.

The City hereby further agrees to adopt or pass such legally effective ordinances and/or laws as will permanently barricade and/or relocate certain intersecting streets as required by the State and to permanently deny or limit access at certain locations as required by the State along said improvements.

BE IT FURTHER RESOLVED by the City, that for and in consideration of the Alabama Department of Transportation in cooperation with the Federal Highway Administration, constructing said highway and routing traffic along the same through the City over said project, such City hereby agrees with the Alabama Department of Transportation and for the benefit of the Federal Highway Administration, that on the above mentioned project the City will not in the future permit encroachments upon the right of way; nor will it pass any ordinances or laws fixing a speed limit contrary to those limits provided for in Title 32, Chapter 5, Code of Alabama 1975, as amended, and other laws of Alabama; nor will it permit other than parallel parking in areas where parking is permitted; nor will it allow the placing of any informational, regulatory, or warning signs, signals, median crossover, curb and pavement or other markings, and traffic signals without written approval of the Alabama Department of Transportation and the Federal Highway Administration, of the location, form and character of such installations. The traffic control devices and signs installed during construction, and those installed after completion of this project shall be in accordance with the latest edition of the national Manual on Uniform Traffic Control Devices and accepted standards adopted by the Federal Highway Administration. The City further agrees that subsequent traffic control devices deemed necessary by it in keeping with the applicable statues, rules and regulations to promote the safe and efficient utilization of the highway under the authority of Title 32, Chapter 5, Code of Alabama 1975, and all other applicable laws of Alabama, shall be subject to and must have the approval of the Alabama Department of Transportation of the State of Alabama and of the Federal Highway Administration, prior to installation and the City further agrees that it will enforce traffic and control the same under the provisions of Title 32, Chapter 5, Code of Alabama 1975, and other applicable laws of Alabama.

BE IT FURTHER RESOLVED by this Council:

1. That the City agrees to perform all maintenance on crossroads, service drives, or relocated roads that are not designated Federal or State highways that are in the jurisdiction of the City.

It is understood and agreed that no changes in this Resolution or Agreement shall in the future be made without having obtained the prior approval of the Federal Highway Administration.

The resolution was read by the City Clerk; whereupon Councilmember Richardson moved that the resolution be adopted, which was seconded by Councilmember Daves and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

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

AUTHORIZE CONTRACT AMENDMENT WITH ADP URBAN PLANNING AND MANAGEMENT, LLC, TO CREATE THE TEXAS HILL NEIGHBORHOOD REVITALIZATION PLAN/CITIZEN GUIDE, INCREASE, $4,500.00 The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 21-267-2016

Sponsored by: Councilmember Manzie and Mayor Stimpson

WHEREAS, the City of Mobile entered into an Agreement dated May 12, 2015 with APD Urban Planning and Management, LLC to provide professional services to develop a Neighborhood Revitalization Plan for the Texas Hill/S. Oakleigh neighborhoods; and

WHEREAS, the Texas Hill/S. Oakleigh Neighborhood Revitalization Plan is a significant initiative for the City of Mobile to revitalize the Texas Hill and South Oakleigh Study areas including Texas Hill, Down the Bay and a portion of Oakleigh Garden Historic District; and

WHEREAS, the City desires APD Urban Planning and Management, LLC to create a Citizen's Guide to summarize the purpose of the plan, how it got started, what was seen, and next steps; and

WHEREAS, the document will be a tool that interested community residents, organizations, local businesses and service providers can use to understand the planning process and understand how they can support the Vision and Goals of the Plan and participate in the implementation of the recommendations; and

WHEREAS, the City desires to amend the May 12, 2015 agreement with APD Urban Planning and Management, LLC to create the citizen plan and increase from $49,903 to $54,400 for the cost of professional services; and

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 APD Urban Planning and Management, LLC, for work as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of the contract is on file in the office of the Clerk.

The resolution was read by the City Clerk; whereupon Councilmember Richardson moved that the resolution be adopted, which was seconded by Councilmember Manzie and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: Williams and Daves

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

ORDINANCES BEING INTRODUCED:

REZONE PROPERTY AT 351 AND 401 WESTERN DRIVE AND 3216 AND 3224 MOFFETT ROAD (NORTH SIDE OF MOFFETT ROAD, 320 ± WEST OF WESTERN DRIVE EXTENDING TO THE WEST SIDE OF WESTERN DRIVE 320 ± NORTH OF MOFFETT ROAD) FROM B-1 TO B-3 AND I-1. The following ordinance was held over for one (1) week until the regular meeting of Tuesday, April 26, 2016.

Ordinance: 64-019-2016

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 same hereby is changed and altered in respect to that certain property in the City of Mobile, State of Alabama, described as follows to-wit:

LOTS 1 & 2 RESUBDIVISION OF DELCHAMPS COMMERCIAL SUBVISION

The classification of said property is hereby changed from B-1, Buffer-Business District, to B-3, Community Business District, and I-1, Light-Industry District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a B-3 & I-1, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a B-3 & I-1, until all of the conditions set forth below have been complied with: 1) completion of the subdivision process; and 2) full compliance with all municipal codes and ordinances.

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

REZONE PROPERTY AT 3500 AND 3520 GOVERNMENT BOULEVARD (NORTH SIDE OF WEST I-65 SERVICE ROAD SOUTH, 510’ ± EAST OF LAKESIDE DRIVE) FROM I-1 AND B-3 TO B-3. The following ordinance was held over for one (1) week until the regular meeting of Tuesday, April 26, 2016.

Ordinance: 64-020-2016

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 Mobile, State of Alabama, described as follows to-wit:

BEGINNING AT THE SOUTHERNMOST CORNER OF LOT 1, RESUBDIVISION OF LOT 2, PHASE ONE, HARRIS BUSINESS PARK AS RECORDED IN MAP BOOK 79, PAGE 105, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA; THENCE NORTH 37°-32'-10" WEST 316.44 FEET TO THE NORTHWEST CORNER OF LOT 1; THENCE SOUTH 68°-53'-13" ST 95.00 FEET TO A CORNER OF LOT 1, REGAL INVESTMENTS SUBDIVISION AS RECORDED IN MAP BOOK 117, PAGE 94 OF THE AFORESAID RECORDS; THENCE NORTH 02°-36' EAST ALONG THE WEST LINE OF LOT 1, REGAL INVESTMENTS SUBDIVISION 395.17 FEET; THENCE SOUTH 87°-24' EAST 225.28 FEET; THENCE SOUTH 02°-36 12.50 FEET; THENCE SOUTH 04°- 40'-59" EAST 270.57 FEET; THENCE SOUTH 24°-45'-58" EAST 254.30 FEET TO THE P.C. OF A 25.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE SOUTH ALONG THE ARC OF SAID CURVE 34.72 FEET TO THE P.T. THEREOF; THENCE SOUTH 54°-48'-38" WEST ALONG THE NORTH LINE OF U. S. HIGHWAY 90 A DISTANCE OF 99.44 FEET TO THE POINT OF BEGINNING.

The classification of said property is hereby changed from Rezoning from I-1, Light Industry District, and B-3, Community Business District, to B-3, Community Business District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a B-3, Community Business District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a B-3, Community Business District, until all of the conditions set forth below have been complied with: 1) full compliance with Section 64-4.E.3. of the Zoning Ordinance regarding tree and landscaping requirements; 2) Board of Zoning Adjustment Surface Variance approval regarding aggregate surfacing; 3)completion of the subdivision process; and 4) full compliance with all other municipal codes and ordinances.

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

CONSENT RESOLUTIONS BEING INTRODUCED:

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 Consent Resolutions 31-270 and 31-271. The motion was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The Presiding Officer declared unanimous consent granted for the items.

AUTHORIZE THE MAYOR TO APPLY ACCEPT AND RECEIVE AN AGREEMENT OF UNDERSTANDING WITH THE FY2015 AMAS 4PER ALABAMA HOMELAND SECURITY PROGRAM GRANT, $41,258.00 (NO LOCAL MATCH). The following resolution was introduced by Councilmember Daves.

RESOLUTION: 31-270-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor is authorized to apply, accept and receive from the U.S. Department of Justice, a Notice of Award and Memorandum of Agreement for grant assistance in the approximate amount of $41,258.00 for the FY2015 AMAS 4PER Homeland Security Grant Program.

BE IT FURTHER RESOLVED that the Mayor or his designee be authorized to accept said grant if offered and to sign any agreements or other documents in connection with the grant 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 City Clerk; whereupon Councilmember Daves moved that the resolution be adopted, which was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

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

AUTHORIZE THE MAYOR TO APPLY, ACCEPT AND RECEIVE AN AGREEMENT OF UNDERSTANDING WITH THE DEPARTMENT OF JUSTICE FY2016 HOMELAND SECURITY GRANT PROGRAM (HSGP), $255,000.00 (NO LOCAL MATCH). The following resolution was introduced by Councilmember Daves.

RESOLUTION: 31-271-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor is authorized to apply, accept and receive from the U.S. Department of Justice, a Notice of Award and Memorandum of Agreement for grant assistance in the approximate amount of $255,000.00 for the FY2016 Homeland Security Grant Program (FISGP).

BE IT FURTHER RESOLVED that the Mayor or his designee be authorized to accept said grant if offered and to sign any agreements or other documents in connection with the grant 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 City Clerk; whereupon Councilmember Daves moved that the resolution be adopted, which was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich, and Gregory
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 (ON/OFF PREMISES) FOR UNCLE MADDIO’S PIZZA JOINT, 1225 SATCHEL PAIGE DRIVE, SUITE E-106. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 37-272-2016

Sponsored by: Councilmember Williams

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the following application to the Alabama Alcoholic Beverage Control Board of the State of Alabama, is hereby recommended for grant of such license by said Board.

Type of application: Retail Beer/Table Wine (On/Off Premises)

Submitted by: Jump McGowin, LLC

Location: Uncle Maddio’s Pizza joint
1225 Satchel Paige Drive, Suite E-106
Mobile, AL 36606

The resolution was read by the City Clerk; whereupon Councilmember Williams moved that the resolution be adopted, which was seconded by Councilmember Rich, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

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

DECLARE THE STRUCTURE AT 1300 GREENWOOD AVENUE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 40-273-2016

Sponsored by: Councilmember Small

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1300 Greenwood Avenue has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

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

THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the structure at 1300 Greenwood Avenue described as:

LOT 20 BLZK 4 ACCORDING TO SURVEY OF BROOKLEY HEIGHTS 1ST SECTOR MBK 3 P 677 #SEC 37 T5S R1W #MP32 02 37 0 001

Parcel # 023202370001144.

Last assessed to: Terry L. Dunn
P. O. Box 124
Chatom, AL 36518

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 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 shalI 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; whereupon Councilmember Rich moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

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

DECLARE THE STRUCTURE AT 153 CRENSHAW STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 40-274-2016

Sponsored by: Councilmember Richardson

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 153 Crenshaw Street has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

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

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the structure at 153 Crenshaw Street described as:

LOT 21 BLK 17 DUBROCA TRT DBK 141 PG 39 #SEC 24 T4S R1W #MP29 07 24 0 006

Parcel # 022907240006146.

Last assessed to: Mead P. Miller
P. O. Box 980
East Lansing, MI 48826

is found to be 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 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; whereupon Councilmember Rich moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

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

DECLARE THE STRUCTURE AT 912 ALBA STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 40-275-2016

Sponsored by: Councilmember Small

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 912 Alba Street has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

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

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the structure at 912 Alba Street described as:

BEG AT A T ON N/L OF ALBA ST FKA FRANKLIN ST AVE 250 FT WLY FROM TH NW COR OF SD ALBA ST & WASHINGTON AVE RUN TH WLY ALG TH N/L OF SD ALBA ST 50 FT TO TH EL TH NWLY & PARALLEL WITH

Parcel # 022911341001039.

Last assessed to: Douglas Ferguson
5905 Airport Boulevard, Suite B
Mobile, AL 36608

is found to be 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 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; whereupon Councilmember Rich moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

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

DECLARE THE STRUCTURE AT 1262 ADAMS STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 40-276-2016

Sponsored by: Councilmember Manzie

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1262 Adams Street has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

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

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the structure at 1262 Adams Street described as:

LOT 9 BLK 32 CAMP GROUND TRT SITUATED ON N/S OF ADAMS ST IN CITY OF MOBILE AL 120 FT E OF ANN ST HAVING A FRONT ON ADAMS ST OF 37 FT BY A DEPTH NLY THERFROM BETWEEN LINES PARALLEL

Parcel # 022906400004414.

Last assessed to: Tina Mitchell-Dotch
3352 Jacksonville Drive
Mobile, AL 36605

is found to be 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 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; whereupon Councilmember Rich moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

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


DECLARE THE STRUCTURE AT 3004 BOOKER STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 40-277-2016

Sponsored by: Councilmember Richardson

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 3004 Booker Street has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

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

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the structure at 3004 Booker Street described as:

LOT 7 BLK E BOOKER T WASHINGTON GARDENS SUB MBK 4 P 208 GRT SEC 44 T4S R1W #MP29 02 44 0 010

Parcel #: 022902440010017.

Last assessed to Lonnie Cody
3004 Booker Street
Mobile, AL 36617

is found to be 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 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; whereupon Councilmember Rich moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

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

DECLARE THE STRUCTURE AT 124 MICHAEL DONALD AVENUE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 40-278-2016

Sponsored by: Councilmember Manzie

WHEREAS under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 124 Michael Donald Avenue has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

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

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the structure at 124 Michael Donald Avenue described as:

PT GRT SEC 40 T4S R1W DESC AS COMG AT SE COR HERNDON & SPRINGHILL AVE TH SLY 250 FT TO BEG TH CONT SY 50 FT TH ELY 119.5 FT TH NLY 50 FT TH WLY 119.5 FT TO POB #SEC 40 T4S R1W #MP29 06 40

ParceI # 022906400004646.

Last assessed to: John Dumont Hudson
P. O. Box 252
Grand Bay, AL 36541

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 certified mail to the interested persons listed above, and a certified copy of this shaII be published in the manner and as prescribed for the publication of municipal ordinances a certified copy of this resolution shall also be filed in the Office of the Judge of Probate, Mobile County, Alabama.

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

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

DECLARE THE STRUCTURE AT 2312 DOG RIVER DRIVE NORTH A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 40-279-2016

Sponsored by: Councilmember Williams

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, ALABAMA that the structure at 2312 Dog River Drive North described as:

LOT 21 GULF MANOR FIRST ADD MBK 8 P 159 #SEC 36 T5S R1W #MP32 03 36 0 001

Parcel # 023203360001160.

Last assessed to: Gerald R. Sr. and Stell Janssen
P. O. Box 6441
Mobile, AL 36660

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; whereupon Councilmember Rich moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Williams, Small, Rich, Daves, and Gregory
Nays: None

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

DECLARE THE STRUCTURE AT 251 NORTH PINE STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 40-280-2016

Sponsored by: Councilmember Manzie

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, ALABAMA that the structure at 251 North Pine Street described as:

PT OF LOTS 17 & 18 BLK 23 CAMP GROUND TRACT DBK 48/343 DESC AS BEG AT SE COR OF LOT 18 TH RUN NLY 72 FT TO A PT TH RUN WLY 50 FT TO A PT TH RUN SLY 72 FT TO A PT TH RUN ELY 50 FT TO

ParceI #: 022906400004482.

Last assessed to: C. J. Welch
P. O. Box 40811
Mobile, AL 36604

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

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by certified mail to the interested persons listed above, and a certified copy of this be published in the manner and as prescribed for the publication of municipal ordinances, an. 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; whereupon Councilmember Rich moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

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

AUTHORIZE REMOVAL OF WEEDS, GROUP #1536. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 58-281-2016

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 th interested parties; and

WHEREAS parcels Nos. 1 through 19 described in the resolution adopted on the 22nd day of March, 2016, 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 WEDS 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 22nd day of March, 2016, 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. 1536, 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 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 against his property by reason of any 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 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 separate lot or parcel of land but before the report is submitted to the City Council a copy of the itemized costs with respect to each such lot or parcel of land shall be posted for at least three days prior to such report on the door of the Council Chamber at the City Hall of Mobile, Alabama, together with a notice of the time when the report will be submitted to the City Council for confirmation.

The resolution was read by the City Clerk; whereupon Councilmember Daves moved that the resolution be adopted, which was seconded by Councilmember Small, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

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

DECLARE WEEDS NOXIOUS GROUP #1538. The following resolution was introduced by Councilmember Williams.

RESOLUTION: 5-282-2016

WHEREAS, a survey has been made to determine the properties upon which or in front 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 upon which or in front of which such weeds are growing, and it has been determined to follow the provisions 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 abated as public nuisances:

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE AS FOLLOWS:

Section1: 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 #1538 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 ag


Search: