CITY COUNCIL MEETINGS: Minutes and Agendas

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The City Council meets every Tuesday

9:00 a.m. - Pre Council Meeting in Government Plaza Conference Room on the First floor.

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

Council minutes for Jul 28, 2009

MUNICIPAL BUILDING, MOBILE, ALABAMA, JULY 28, 2009

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza, Tuesday, July 28, 2009, at 9:00 a.m.

Present:
Chairman: Copeland
Councilmembers: Richardson, Carroll, Williams, Hudson, Gregory

Absent: Johnson

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

The Presiding Officer adjourned the meeting.

Approved: August 26, 2009

______________________________
PRESIDENT OF THE COUNCIL

______________________________
CITY CLERK

MUNICIPAL BUILDING, MOBILE, ALABAMA, JULY 28, 2009

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza, Tuesday, July 28, 2009, at 10:30 a.m., in regular meeting.

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

Reverend Ron Prater, Parkway Southern Baptist Church, offered the invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

Chairman: Copeland
Councilmembers: Richardson, Carroll, Johnson, Williams, Hudson, Gregory

Absent: None

STATEMENT OF RULES BY COUNCIL PRESIDENT:

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

1) Any person desiring to address the Council must register upon entering the meeting area. When addressing the Council, the speaker must state his/her name and address.

2) Each speaker is allowed five minutes to address the Council. A bell will sound to indicate the end of 4 minutes. One minute is allowed for summarizing. The second bell indicates the time has expired.

3) To maintain decorum, there will be no undue applause and/or public outcry allowed.

4) When addressing the Council, there is to be no personal address to any individual Councilmember. All statements are to be made to the Chair who will recognize any Councilmember who wishes to respond.

5) Any person desiring to speak to the Council on a non-agenda item must contact the City Clerk's Office no later than 2:00 p.m. on the Thursday prior to the Council Meeting. The subject he/she wishes to address must be identified. Any person attending the meeting who has not given proper notice to the Clerk's Office and wishes to speak on a non-agenda item will not be allowed to address the Council.

6) Those persons desiring to speak on agenda items must indicate the resolution, ordinance, appeal, or public hearing item on arrival when signing in for the meeting.

APPROVAL OF MINUTES:

The Minutes of June 30, 2009, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Jones welcomed a group of students from Mobile’s Sister City, Ichihara, Japan, and read a proclamation naming them honorary citizens of Mobile. Yoko Jordan was the translator for the visitors.

Jim Kellen, Executive Director of the Southwest Alabama Workforce Development Council-District 9 Region, thanked the Council for the City’s support in developing the workforce for the Mobile area’s employment opportunities.

Mayor Jones announced the City will observe the annual “No Tax Holiday” beginning Friday, August 7, through Sunday, August 9, 2009. School supplies will be exempt from taxes during this period.

ADOPTION OF THE AGENDA:

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

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

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

APPEALS:

(1) The Council considered the request of Cheryl and Ernest Wittner, 204 Houston Street, for a waiver of the Noise Ordinance on October 17, 2009, from 6:00 p.m. until 10:00 p.m. (District 2).

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

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

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

(2) The Council considered the request of Ashlie Brown Cooper, 4017 Sierra Drive, for a waiver of the Noise Ordinance on August 15, 2009, from 6:00 p.m. until 11:00 p.m. (District 4).

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

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

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

PUBLIC HEARINGS:

PUBLIC HEARING TO CONSIDER THE APPLICATION OF STEPHEN D. QUINNELLY D/B/A PORT CITY CARRIAGE FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A HORSE DRAWN CARRIAGE SERVICE. The Presiding Officer announced that today was the day for the public hearing to consider the application of Stephen D. Quinnelly d/b/a Port City Carriage for a Certificate of Public Convenience and Necessity for a horse drawn carriage service, and asked if there was anyone present to speak for or against this matter.

The applicant, Stephen D. Quinnelly, was present and answered questions presented by Councilmembers Hudson and Copeland about where the horses would be stalled and how many carriages he would operate.

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

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

(A) AGENDA ITEMS:

None

(B) NON-AGENDA ITEMS:

Markala Lewis, representing the Juvenile Arthritis Foundation in Mobile, addressed the City Council requesting support for the Arthritis Prevention bill in Congress.

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 01-449 through 58-467, which motion was seconded by Councilmember Johnson, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for all items.

RESOLUTIONS BEING INTRODUCED:

APPROVE REQUEST OF MOBILE HOUSING BOARD TO TRANSFER PROPERTY TO MOBILE COMMUNITY ACTION FOR USE AS TRANSITIONAL FAMILY HOUSING FOR THE HOMELESS. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 01-449-2009

Sponsored by: Mayor Jones and Councilmember Johnson

BE IT RESOLVED BY THE CITY OF MOBILE as follows:

WHEREAS: Certain properties were transferred to the Mobile Housing Board (MHB) under ordinance 88-061 on October 26, 1999; and

WHEREAS: The MHB agreed to dispose of these properties to assist the City to further its goals in the provision of affordable housing; and

WHEREAS: Certain properties from the list were leased temporarily to Mobile Community Action (MCA) for transitional homeless family housing known as its “Bridge Program;” and

WHEREAS: (MCA) has petitioned MHB to transfer title of certain properties shown in Exhibit “A” attached hereto and made a part hereof as though fully set forth herein; and

WHEREAS: MCA pledges to continue the use of said properties for transitional homeless family housing; and

WHEREAS: MHB is agreeable to the transfer of title to said properties;

NOW THEREFORE, IT IS AGREED that transfer of title to said properties is hereby authorized by the City Council of the City of Mobile.

“Exhibit A”

1. 2060 Holmes Drive
Mobile, AL 36605

Legal Description:

Lot 4, Block 14, Fulton Ridge Estates, as recorded in Map Book 4, pages 110-115, of the records in the Office of the Judge of Probate of Mobile County, Alabama.

2. 1258 S. Horton Street
Mobile, AL 36605

Legal Description:

Lot 39, Block 5, Fulton Ridge Estates, according to plat thereof recorded in Map Book 4, page 110, of the records 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 Richardson moved its adoption, which motion was seconded by Councilmember Gregory. Following comments by Councilmember Johnson, the vote was as follows:

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

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

NOTE: Councilmember Johnson excused himself as Councilmember at 11:02 a.m.

AUTHORIZE CHANGE ORDER 1 WITH PPM CONSULTANTS, INC., FOR LADD STADIUM SECONDARY INVESTIGATION, ADD $4,951.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 13-450-2009

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a change order, by and between the City of Mobile and PPM Consultants, Inc. for the contract named below:

CONTRACT: Ladd Stadium Secondary Investigation
CHANGE ORDER AMOUNT: $4,951.00

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

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

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

AUTHORIZE CONTRACT WITH SUNSET CONTRACTING FOR RENOVATIONS FOR CRUISE TERMINAL PARKING LOT – PAVEMENT, $46,412.06. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-451-2009

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: Sunset Contracting

Project Name: Renovations for Cruise Terminal
Parking Lot – Pavement

Project Number: CC-092-09

Amount: $46,412.06

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

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

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

AUTHORIZE CONTRACT WITH MICOR, INC., D/B/A MDS CONSTRUCTION COMPANY, FOR RENOVATIONS FOR CRUISE TERMINAL PARKING LOT – FENCE, $30,802.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-452-2009

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: Micor, Inc., d/b/a MDS Construction Company

Project Name: Renovations for Cruise Terminal
Parking Lot – Fence

Project Number: CC-092-09

Amount: $30,802.00

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Hudson. Following comments by Councilmember Copeland, the vote was as follows:

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

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

NOTE: Councilmember Johnson returned and took his seat as Councilmember at 11:04 a.m.

AUTHORIZE CONTRACT WITH H & L CONSTRUCTION, INC., FOR HILLWOOD DRIVE DRAINAGE IMPROVEMENTS, $507,269.89. The following resolution was introduced by Councilmember Copeland.

RESOLUTION 21-453-2009

Sponsored by: Mayor Jones and Councilmember Copeland

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, subject to the company signing the contract and furnishing the required bonds and insurance. A copy of said executed contract will be on file in the Office of the City Clerk.

Name of Company: H & L Construction, Inc.

Project Name: Hillwood Drive Drainage Improvements

Estimated Cost: $507,269.89

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

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

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

AUTHORIZE CONTRACT WITH B & E EQUIPMENT CO., INC., FOR MOBILE REGIONAL SENIOR COMMUNITY CENTER – INSPECT AND REPAIR TRANSLUCENT PANELS, $14,563.41. The following resolution was introduced by Councilmember Hudson.

RESOLUTION 21-454-2009

Sponsored by: Mayor Jones and Councilmember Hudson

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: B & E Equipment Co., Inc.

Project Name: Mobile Regional Senior Community Center
Inspect and Repair Translucent Panels

Project Number: PR-026-02

Amount: $14,563.41

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

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

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

AUTHORIZE MAYOR TO SIGN AN APPLICATION TO THE NATIONAL PARK SERVICE TO TRANSFER A VACANT BUILDING AND LAND TO THE CITY UNDER THE FEDERAL LANDS TO PARKS PROGRAM (PUBLIC SAFETY MEMORIAL PARK). The following resolution was introduced by Councilmember Copeland.

RESOLUTION 23-455-2009

Sponsored by: Mayor Jones and Councilmember Copeland

WHEREAS, certain real property owned by the United States of America, located in the City of Mobile, County of Mobile, State of Alabama, has been declared surplus and at the discretion of the General Services Administration, may be assigned to the Secretary of the Interior for disposal for public park or recreational purposes under the provisions of Section 203(k) (2) of the Federal Property and Administrative Services Act of 1949, as amended [40 U.S.C. § 550(e), formerly 40 U.S.C. § 484(k) (2)], and any regulations and policies promulgated pursuant thereto, more particularly described as follows:

Former Corps of Engineers Field Office-Mobile
2300 Airport Boulevard
Mobile, Alabama 36606
Containing 0.39 of an acre, more or less
General Services Administration Control Number 4-D-AL-0547

WHEREAS, the City of Mobile needs and will use said property in perpetuity for public park or recreational purposes as set forth in its application and in accordance with the requirements of said Act and any regulations and policies promulgated thereunder;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the City of Mobile shall make application to the National Park Service for, and secure the transfer to, the above-mentioned property for said use and subject to such exceptions, reservations, terms, covenants, agreements, conditions, and restrictions as the National Park Service and the Federal disposal agency may require in connection with the disposal of said property under said Act and the regulations and policies issued pursuant thereto.

BE IT ALSO RESOLVED that the City of Mobile has legal authority, and is willing and able, to properly develop, maintain, operate, and assume liability of the property, and that Samuel L. Jones, as its mayor, is hereby authorized, for and on behalf of the City of Mobile to do and perform any and all acts and things which may be necessary to carry out the foregoing resolution, including the preparing, making, and filing of plans, applications, reports, and other documents, the execution, acceptance, delivery, and recordation of agreements, deeds and other instruments pertaining to the transfer of said property, including the filing of copies of the application and the conveyance documents in the records of the governing body, and the payment of any and all sums necessary on account of the purchase price thereof or fees or costs incurred in connection with the transfer of said property for survey, title searches, recordation or instruments, or other costs identified with the acquisition of said property.

BE IT FURTHER RESOLVED that the City of Mobile hereby accepts the deed for the property shown above from the United States of America, Dept. of the Interior, National Park Service when delivered. 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.

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

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

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

ACCEPT TWO EASEMENTS FROM MOBILE AIRPORT AUTHORITY NEEDED FOR THE MICHIGAN AVENUE BRIDGE REPLACEMENT PROJECT. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 25-456-2009

Sponsored by: Mayor Jones and Councilmember Johnson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the City hereby accepts the following Easements needed for the Michigan Avenue Bridge Replacement Project:

1. Permanent Slope Easements and Temporary Construction Easements from Mobile Airport Authority.

SAID document being attached hereto and made a part hereof as fully as if set forth herein.

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

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

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

DECLARE SAM JONES ELECTED TO MAYOR. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 27-457-2009

Sponsored by: Mobile City Council

WHEREAS, Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended, provide for and regulate general and special elections in cities and towns of this state, except those cities and towns which have a Commission form of government; and

WHEREAS, Sections 11-46-43 of the Alabama Code of 1975 prohibits write-in candidates in elections held under Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended; and

WHEREAS, Section 11-46-26 of the Alabama Code of 1975, as amended, provides that if only one person has filed a statement of candidacy or has been nominated for an office for an election to be held pursuant to Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended, at the time the deadline for qualifications has passed, then such person shall, for all purposes, be deemed elected to such office, and the Mayor or other chief executive officer shall not cause the name of such person or the office for which his candidacy was declared to be printed on the ballot, but he shall immediately file a written statement with the governing body of the municipality, attested by the City Clerk, certifying the fact that only one person filed a statement of candidacy or was nominated for the office preceding the deadline set for an election of municipal officers of the municipality and setting forth the name of such person; and

WHEREAS, said Section 11-46-26, as amended, provides that the governing body of the municipality, after receiving such statement, shall adopt a resolution declaring the person named in the statement duly elected to the office described in the statement, and shall issue a Certificate of Election to such person; and

WHEREAS, the Mayor of the City of Mobile has filed a written statement with the government body of the municipality, attested by the City Clerk, certifying the fact that only one person filed a statement of candidacy for the office of Mayor prior to the deadline established in the notice of election and that the name of that person who filed such statement was Sam Jones.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mobile that Sam Jones be, and he hereby is, declared duly elected to the office of Mayor in the City of Mobile for the term of office commencing on the first Monday in November, 2009.

BE IT FURTHER RESOLVED that the Mayor of the City of Mobile be, and he hereby is, directed to issue a certificate of election to Sam Jones for the office of Mayor for such term pursuant to the provisions of Section 11-46-25, as amended.

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

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

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

DECLARE JOHN C. WILLIAMS ELECTED TO CITY COUNCIL DISTRICT 4. The following resolution was introduced by Councilmember Hudson.

RESOLUTION 27-458-2009

Sponsored by: Mobile City Council

WHEREAS, Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended, provide for and regulate general and special elections in cities and towns of this state, except those cities and towns which have a Commission form of government; and

WHEREAS, Sections 11-46-43 of the Alabama Code of 1975 prohibits write-in candidates in elections held under Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended; and

WHEREAS, Section 11-46-26 of the Alabama Code of 1975, as amended, provides that if only one person has filed a statement of candidacy or has been nominated for an office for an election to be held pursuant to Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended, at the time the deadline for qualifications has passed, then such person shall, for all purposes, be deemed elected to such office, and the Mayor or other chief executive officer shall not cause the name of such person or the office for which his candidacy was declared to be printed on the ballot, but he shall immediately file a written statement with the governing body of the municipality, attested by the City Clerk, certifying the fact that only one person filed a statement of candidacy or was nominated for the office preceding the deadline set for an election of municipal officers of the municipality and setting forth the name of such person; and

WHEREAS, said Section 11-46-26, as amended, provides that the governing body of the municipality, after receiving such statement, shall adopt a resolution declaring the person named in the statement duly elected to the office described in the statement, and shall issue a Certificate of Election to such person; and

WHEREAS, the Mayor of the City of Mobile has filed a written statement with the government body of the municipality, attested by the City Clerk, certifying the fact that only one person filed a statement of candidacy for the office of City Council, District 4, prior to the deadline established in the notice of election and that the name of that person who filed such statement was John C. Williams.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mobile that John C. Williams be, and he hereby is, declared duly elected to the office of City Council, District 4, in the City of Mobile for the term of office commencing on the first Monday in November, 2009.

BE IT FURTHER RESOLVED that the Mayor of the City of Mobile be, and he hereby is, directed to issue a certificate of election to John C. Williams for the office of City Council, District 4, for such term pursuant to the provisions of Section 11-46-25, as amended.

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

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

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

DECLARE REGGIE COPELAND, SR., ELECTED TO CITY COUNCIL DISTRICT 5. The following resolution was introduced by Councilmember Williams.

RESOLUTION 27-459-2009

Sponsored by: Mobile City Council

WHEREAS, Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended, provide for and regulate general and special elections in cities and towns of this state, except those cities and towns which have a Commission form of government; and

WHEREAS, Sections 11-46-43 of the Alabama Code of 1975 prohibits write-in candidates in elections held under Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended; and

WHEREAS, Section 11-46-26 of the Alabama Code of 1975, as amended, provides that if only one person has filed a statement of candidacy or has been nominated for an office for an election to be held pursuant to Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended, at the time the deadline for qualifications has passed, then such person shall, for all purposes, be deemed elected to such office, and the Mayor or other chief executive officer shall not cause the name of such person or the office for which his candidacy was declared to be printed on the ballot, but he shall immediately file a written statement with the governing body of the municipality, attested by the City Clerk, certifying the fact that only one person filed a statement of candidacy or was nominated for the office preceding the deadline set for an election of municipal officers of the municipality and setting forth the name of such person; and

WHEREAS, said Section 11-46-26, as amended, provides that the governing body of the municipality, after receiving such statement, shall adopt a resolution declaring the person named in the statement duly elected to the office described in the statement, and shall issue a Certificate of Election to such person; and

WHEREAS, the Mayor of the City of Mobile has filed a written statement with the government body of the municipality, attested by the City Clerk, certifying the fact that only one person filed a statement of candidacy for the office of City Council, District 5, prior to the deadline established in the notice of election and that the name of that person who filed such statement was Reggie Copeland, Sr.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mobile that Reggie Copeland, Sr. be, and he hereby is, declared duly elected to the office of City Council, District 5, in the City of Mobile for the term of office commencing on the first Monday in November, 2009.

BE IT FURTHER RESOLVED that the Mayor of the City of Mobile be, and he hereby is, directed to issue a certificate of election to Reggie Copeland, Sr., for the office of City Council, District 5, for such term pursuant to the provisions of Section 11-46-25, as amended.

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 Hudson, and the vote was as follows:

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

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

DECLARE GINA GREGORY ELECTED TO CITY COUNCIL DISTRICT 7. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 27-460-2009

Sponsored by: Mobile City Council

WHEREAS, Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended, provide for and regulate general and special elections in cities and towns of this state, except those cities and towns which have a Commission form of government; and

WHEREAS, Sections 11-46-43 of the Alabama Code of 1975 prohibits write-in candidates in elections held under Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended; and

WHEREAS, Section 11-46-26 of the Alabama Code of 1975, as amended, provides that if only one person has filed a statement of candidacy or has been nominated for an office for an election to be held pursuant to Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended, at the time the deadline for qualifications has passed, then such person shall, for all purposes, be deemed elected to such office, and the Mayor or other chief executive officer shall not cause the name of such person or the office for which his candidacy was declared to be printed on the ballot, but he shall immediately file a written statement with the governing body of the municipality, attested by the City Clerk, certifying the fact that only one person filed a statement of candidacy or was nominated for the office preceding the deadline set for an election of municipal officers of the municipality and setting forth the name of such person; and

WHEREAS, said Section 11-46-26, as amended, provides that the governing body of the municipality, after receiving such statement, shall adopt a resolution declaring the person named in the statement duly elected to the office described in the statement, and shall issue a Certificate of Election to such person; and

WHEREAS, the Mayor of the City of Mobile has filed a written statement with the government body of the municipality, attested by the City Clerk, certifying the fact that only one person filed a statement of candidacy for the office of City Council, District 7, prior to the deadline established in the notice of election and that the name of that person who filed such statement was Gina Gregory.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mobile that Gina Gregory be, and she hereby is, declared duly elected to the office of City Council, District 7, in the City of Mobile for the term of office commencing on the first Monday in November, 2009.

BE IT FURTHER RESOLVED that the Mayor of the City of Mobile be, and he hereby is, directed to issue a certificate of election to Gina Gregory for the office of City Council, District 7, for such term pursuant to the provisions of Section 11-46-25, as amended.

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

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

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

AUTHORIZE MAYOR TO FILE WITH THE U. S. DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR MEDICARE AND MEDICAID SERVICES A GRANT APPLICATION FOR FINANCIAL ASSISTANCE IN THE APPROXIMATE AMOUNT OF $1,000,000.00 FOR THE CHILDREN’S HEALTH INSURANCE PROGRAM REAUTHORIZATION ACT (CHIPRA) OUTREACH AND ENROLLMENT GRANT FUND – CYCLE I. The following resolution was introduced by Councilmember Hudson.

RESOLUTION 31-461-2009

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor is hereby authorized to file with the U.S. Department of Health and Human Services (HHS) Centers for Medicare and Medicaid Services a grant application for financial assistance in the approximate amount of $1,000,000.00 for the Children’s Health Insurance Program Reauthorization Act (CHIPRA) Outreach and Enrollment Grant Fund – Cycle I.

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 perform any essential functions or provide any information required by HHS.

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

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

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

AUTHORIZE MAYOR TO FILE WITH THE ALABAMA LAW ENFORCEMENT PLANNING AGENCY OF ADECA A STIMULUS GRANT APPLICATION FOR FINANCIAL ASSISTANCE IN THE AMOUNT OF $475,000.00 FOR THE MCSENT 2009 BYRNE JAG PROGRAM. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 31-462-2009

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITYOF MOBILE, ALABAMA, that the Mayor is hereby authorized to file with the Alabama Law Enforcement Planning Agency of ADECA a stimulus grant application for financial assistance in the amount of $475,000.00 for the Mobile County Street Enforcement Narcotics Team (MCSENT) 2009 Byrne JAG program.

BE IT FURTHER RESOLVED that Mayor Sam Jones, 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 Alabama Law Enforcement Planning Agency of ADECA or any other state and/or federal agencies.

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

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

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

APPROVE THE APPLICATION OF STEPHEN D. QUINNELLY D/B/A PORT CITY CARRIAGE FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A HORSE DRAWN CARRIAGE SERVICE. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 37-463-2009

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, pursuant to the provisions of Ordinance 59-073, 2005, that the application of Stephen D. Quinnelly d/b/a Port City Carriage for a Certificate of Public Convenience and Necessity for a horse drawn carriage service is hereby approved. A copy of said application is on file in the office of the City Clerk.

CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY

This is to certify that the City Council of Mobile, Alabama, in their regular meeting of July 28, 2009, did approve the application of Stephen D. Quinnelly d/b/a Port City Carriage for a Certificate of Public Convenience and Necessity to operate a horse drawn carriage service in the City of Mobile, Alabama.

This certificate is effective the 25th day of August, 2009.

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Hudson. Following comments by Councilmember Copeland, the vote was as follows:

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

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

RECOMMEND APPROVAL TO ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR MLK CONVENIENCE, 1300 DR. MARTIN LUTHER KING AVENUE (DISTRICT 2). The following resolution was introduced by Councilmember Carroll.

RESOLUTION 37-464-2009

Sponsored by: Councilmember Carroll

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

Type of Application: Retail Beer/Table Wine
(Off Premises Only)

Submitted by: Karen M. Carrey Bell
(Sole Proprietor)

Location: MLK Convenience
1300 Dr. Martin Luther King Avenue

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

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

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

AUTHORIZE REMOVAL OF WEEDS, GROUP #1407. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-465-2009

A RESOLUTION DETERMINING WHAT OBJECTIONS SHALL BE ALLOWED AND WHAT OBJECTIONS SHALL BE OVERRULED TO THE REMOVAL OF NOXIOUS OR DANGEROUS WEEDS ON OR IN FRONT OF CERTAIN PARCELS OF LAND.

WHEREAS, notice has been duly given and posted at least five days prior to the date of this resolution in the manner provided by law offering full opportunity to all interested parties to object to the removal of noxious or dangerous weeds on the hereinafter described parcels of land, and the City Council of Mobile having held such public hearing in connection with the notices given and no objections having been filed or made by any of the interested parties; and

WHEREAS, Parcels Nos.1 through 20 described in the resolution, adopted on the 9th day of June, 2009, have not been cleared of noxious and dangerous weeds and continue to be public nuisances.

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

SECTION 1. It is hereby ascertained and determined that the dangerous and noxious weeds growing on the hereinafter described parcels of real property are public nuisances, and it is hereby ordered and directed that the employees of the City of Mobile assigned to that work promptly remove the weeds on such parcels of property:

PARCELS OR PIECES OF PROPERTY ON WHICH NOXIOUS OR DANGEROUS WEEDS ARE TO BE REMOVED:

Parcels of real property located in the City of Mobile and more particularly described as Parcels Nos. 1 through 20 as described in the resolution adopted on the 9th day of June, 2009, and entitled: "A RESOLUTION DECLARING WEEDS GROWING UPON THE STREETS OR SIDEWALKS AND UPON PRIVATE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF MOBILE TO BE NOXIOUS OR DANGEROUS AND TO BE PUBLIC NUISANCES AND PROVIDING FOR THE ABATEMENT OF SUCH NUISANCES."

(Lot Cleaning Liens, Group No. 1407, on file in the Office of the City Clerk.)

SECTION 2. The employees of the City of Mobile assigned to the work required by this resolution are hereby expressly authorized to enter upon such described pieces of property for the purpose of removing the weeds authorized by this resolution to be removed. The owner of any of the above described pieces of property shall have the right to remove the weeds ordered by this resolution to be removed from this property, provided such removal is done prior to the arrival of the employees of the City of Mobile for that purpose; and in the event a property owner removes the weeds from his own property, no charge will be made by the City of Mobile against his property by reason of any action taken hereunder. An accurate account of the costs with respect to each piece of property shall be kept by the employees of the City of Mobile covering the costs of removing such weeds in front of or on each separate lot or parcel of land where the work is done by the City of Mobile or its employees, and promptly thereafter an itemized report in writing shall be made to the City Council showing such costs with respect to each separate lot or parcel of land, but before the report is submitted to the City Council a copy of the itemized costs with respect to each such lot or parcel of land shall be posted for at least three days prior to such report on the door of the Council Chamber at the City Hall of Mobile, Alabama, together with a notice of the time when the report will be submitted to the City Council for confirmation.

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

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

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

ADD NU VISION SERVICES TO THE ROTATION LIST OF PRIVATE CONTRACTORS TO ABATE PROPETIES DECLARED PUBLIC NUISANCES. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-466-2009

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 Nu Vision Services 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 Richardson moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

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

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

ASSESS COST OF REMOVAL OF WEEDS, GROUP #1404. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-467-2009

RESOLUTION ASSESSING THE COST OF REMOVAL OF NOXIOUS OR DANGEROUS WEEDS IN FRONT OF OR ON CERTAIN PARCELS OF LAND IN THE CITY OF MOBILE, ALABAMA

WHEREAS, an itemized report in writing has been made to the City Council of Mobile, showing the costs of removing noxious or dangerous weeds on or in front of the hereinafter described parcels of land, a copy of such report having first been posted on the Council Chamber door more than three days prior to the meeting at which the report was received, and the City Council having heard the report, together with any objections which may have been raised by any of the property owners liable to be assessed for the work of cutting such weeds, and the City Council being of the opinion that such report in all respects be confirmed:

IT IS THEREFORE RESOLVED BY THE CITY COUNCIL OF MOBILE as follows:

Section 1. The amount set opposite each described parcel of real property contained in exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part hereof as though set forth in full and known as Group #1404, shall constitute special assessments against such respective parcels of land; and each such parcel of land is hereby assessed with the amount set opposite its description; and the assessment hereby made and confirmed shall constitute a lien on and against each such respective parcel of land for the amount of each respective assessment so made; and the report made to this body of the costs of removing the noxious or dangerous weeds on or in front of the respective parcels of land is hereby in all respects confirmed.

Section 2. It is directed that a copy of this resolution be delivered to the Tax Collector of the City of Mobile, and it shall be his duty to add the amounts of the above respective assessments to the next regular bills for ad valorem taxes levied against the said respective lots and parcels of land for municipal purposes, and such amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and same procedure on foreclosure and sale as in the case of delinquency as provided for ordinary ad valorem taxes.

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

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

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

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO REZONE PROPERTY LOCATED AT 6562 OLD SHELL ROAD (NORTH SIDE OF OLD SHELL ROAD, 140’+ WEST OF DICKENS FERRY ROAD) FROM R-1 AND R-3 TO R-3 (DISTRICT 7) (APPLICANT: ASHBURY MANOR, INC.). The following resolution was introduced by Councilmember Gregory.

RESOLUTION 41-468-2009

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the City Clerk be, and she hereby is, instructed to publish the attached proposed amendment to the Zoning Ordinance at least once a week for two consecutive weeks in a newspaper of general circulation with the municipality, together with the attached notice stating the time and place that said proposed amendment is to be considered by the City Council, and further stating that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of such amendment.

NOTICE OF HEARING ON PROPOSED AMENDMENT TO THE ZONING ORDINANCE

Notice is hereby given that the City Council of Mobile proposes to consider the adoption of the attached amendment to the Ordinance adopted on the 16th day of May, 1967, and known as the "Zoning Ordinance." The adoption of such amendment will be considered by the City Council of Mobile in the Mobile Government Plaza Auditorium, 205 Government Street, Mobile, Alabama, on Wednesday, the 26th day of August, 2009, at 10:30 a.m. At such time and place all persons who desire shall have an opportunity to be heard in opposition to, or in favor of the amendment. Furthermore, the City Council, at this public hearing, may consider zoning classifications other than that sought by the applicant for this property.

This notice is published pursuant to a resolution of the City Council of Mobile adopted on the 28th day of July, 2009.

AN ORDINANCE AMENDING THE ORDINANCE ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MOBILE ON THE 16TH DAY OF MAY, 1967, SAID ORDINANCE BEING COMMONLY KNOWN AS THE ZONING ORDINANCE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE AS FOLLOWS:

Section One: That the Ordinance commonly known as the Zoning Ordinance and adopted on May 16, 1967, together with the Zoning Map of the City of Mobile, 1967, be, and the same hereby is changed and altered in respect to that certain property in the City of Mobile, State of Alabama, described as follows to-wit:

BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE ORR PROPERTY AS RECORDED IN DEED BOOK 524, PAGE 675, OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE, MOBILE COUNTY, ALABAMA AND THE PRESENT NORTH RIGHT OF WAY OF OLD SHELL ROAD AS ESTABLISHED FOR ALABMA STATE HIGHWAY DEPARTMENT PROJECT NO STPMB-7535(601); THENCE WESTWARDLY ALONG SAID NORTH RIGHT OF WAY AND ALONG THE ARC OF A 10915.00 FOOT RADIUS CURVE CONCAVE SOUTHWARDLY A DISTANCE OF 126.83 FEET (SAID CURVE SEGMENT HAVING A CHORD BEARING N 85°55’43” WEST LENGTH 126.83 FEET) TO A POINT; THENCE NORTH 00°15’38” WEST A DISTANCE OF 543.58 FEET TO A POINT; THENCE SOUTH 85°31’48” EAST A DISTANCE OF 139.77 FEET TO A POINT; THENCE SOUTH 00°13’28” EAST A DISTANCE OF 264.79 FEET TO A POINT ON THE NORTH LINE OF THE ORR PROPERTY; THENCE SOUTH 89°00’58” WEST ALONG SAID NORTH LINE A DISTANCE OF 2.63 FEET TO A POINT ON THE WEST LINE OF SAID ORR PROPERTY; THENCE SOUTH 01°29’14” WEST ALONG SAID WEST LINE A DISTANCE OF 177.91 FEET TO A POINT; THENCE SOUTH 88°25’07” EAST A DISTANCE OF 65.02 FEET TO A POINT; THENCE SOUTH 01°31’35” WEST A DISTANCE OF 101.80 FEET TO A POINT ON THE AFORMENTIONED PRESENT NORTH RIGHT OF WAY OF OLD SHELL ROAD; THENCE WESTWARDLY ALONG SAID NORTH RIGHT OF WAY AND ALONG THE ARC OF A 10915.00 FOOT RADIUS CURVE CONCAVE SOUTHWARDLY A DISTANCE OF 65.02 FEET (SAID CURVE SEGMENT HAVING A CHORD BEARING NORTH 86°05’28” WEST LENGTH 65.02) TO THE POINT OF BEGINNING.
The classification of said property is hereby changed from R-1, Single-Family Residential District, and R-3, Multiple-Family Residential District, to R-3, Multiple-Family Residential District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in R-3, Multiple-Family Residential District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a R-3, Multiple-Family Residential District until all of the conditions set forth below have been complied with: 1) full compliance with all applicable municipal codes and ordinances.

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

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

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

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

ANNOUNCEMENTS:

Councilmember Gregory reported that the intersection at Schillinger’s Road and Old Shell Road reopened yesterday, although construction continues at the location.

Councilmember Hudson announced that Congressman Jo Bonner will hold a town hall meeting on Monday, August 17, 2009, at the Mobile Regional Senior Community Center in District 6.

Councilmember Richardson stated he held his District 1 Beat 30 community meeting last Thursday, July 23, 2009, at the Dumas Wesley Community Center. Councilmember Richardson noted that he had compiled a list of important issues submitted by residents in District 1 and that not one of the issues on the list pertained to crime.

Councilmember Johnson reminded Councilmembers that there will be a meeting today at 1:00 p.m. to address the issues concerning public nuisance abatement procedures.

Councilmember Johnson said he will meet with representatives from the Mobile Housing Board to discuss opportunities available through the Clinton L. Johnson Center for Economic Development.

Councilmember Johnson remarked that he has received correspondence from Mr. Kenny Crawford stating Mr. Crawford’s desire to establish a scholarship in memory of his mother. The scholarship will be available to young people who participate in the Economic Development Center.

Councilmember Johnson noted that Gigi Armbrecht, a representative for AT&T, has requested an opportunity to speak to Councilmembers at today’s 1:00 p.m. meeting.

Councilmember Williams apologized for his absence at this afternoon’s meeting due to his leaving town following today’s Council meeting.

Councilmember Williams stated a Mobile Municipal Judge will hold a pre-trial committee meeting at a house on Perch Road on Friday, August 21, 2009, at 10:00 a.m. Councilmember Williams noted the house has pending court action that needs to be addressed.

Councilmember Williams asked the administration to provide the Council with the following information regarding Ladd Stadium:

1. More information about the sale and status of the sky boxes and the other renovations ongoing at Ladd Stadium
2. Information about the City’s contract with the Senior Bowl.

Councilmember Williams thanked his fellow Councilmembers and the administration for the successes that have been realized over the past two and one-half years and stated that he looks forward to serving four more years with his colleagues.

Council President Copeland reported that the Mobile Convention and Visitors Center (MCVC) has denied funding for the U.S. Olympic World Weight Lifting event which is scheduled to be held in Mobile in December. Councilmember Copeland noted that an MCVC representative had sent a letter to the committee requesting that the event be held in Mobile. He asked Mayor Jones to intervene in the matter.

Mayor Jones answered that he and his staff are dealing with the representatives of the Mobile Convention and Visitors Center (MCVC) about this matter. The Mayor also responded to Mr. Williams’ requests concerning the sky boxes at Ladd Stadium and noted that any information concerning the sky boxes should be obtained from Paul Christopher at Ladd Stadium. Mayor Jones stated the completion date for the sky boxes is Tuesday, August 18, 2009, and that additional renovations are complete or nearing completion. Mayor Jones noted that the City does not negotiate the Senior Bowl contract but that it is negotiated through the Ladd Stadium Board.

Council President Copeland stated Paul Christopher’s telephone number at Ladd Stadium is 208-2500.

The Presiding Officer adjourned the meeting at 11:24 a.m.

Approved: August 26, 2009



_____________________________
COUNCIL PRESIDENT

_____________________________
CITY CLERK

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