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 Aug 04, 2009

MUNICIPAL BUILDING, MOBILE, ALABAMA, AUGUST 4, 2009

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza, Tuesday, August 4, 2009, at 9:00 a.m.

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

Absent: Williams

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: September 1, 2009

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK

MUNICIPAL BUILDING, MOBILE, ALABAMA, AUGUST 4, 2009

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza, Tuesday, August 4, 2009, at 10:30 a.m., in regular meeting.

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

Reverend Irving Boykin, Mt. Gerizim Missionary Baptist Church, offered the invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

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

Absent: Williams

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 July 7, 2009, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Jones repeated the announcement he made at last week’s Council meeting that the City will observe the annual “No Tax Holiday” beginning Friday, August 7 (12:01 a.m.) through Sunday, August 9 (12:00 midnight), 2009. School supplies will be exempt from sales tax during this period.

REPORTS OF COMMITTEES:

Councilmember Johnson reported that the Public Services Committee met last week to discuss the issue of abandoned properties, overgrown lots, and the lengthy and laborious process to eliminate these public nuisances.

ADOPTION OF THE AGENDA:

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

Ayes: Richardson, Carroll, Johnson, 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 Ladonta T. Sullivan, 82 Burtonwood Drive, for a waiver of the Noise Ordinance on August 8, 2009, from 3:00 p.m. until 10:00 p.m. (District 7).

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

Ayes: Richardson, Carroll, Johnson, 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 David Smith, Jr., for a waiver of the Noise Ordinance on August 8, 2009, from 3:00 p.m. until 4:30 p.m., at Tricentennial Park (District 1).

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


Ayes: Richardson, Carroll, Johnson, 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 AMENDING SECTION 64-8 OF THE CITY CODE TO APPROVE A TEMPORARY SUSPENSION OF FEES FOR REZONING ORDINANCE APPLICATIONS RELATED TO PARCELS IN THE TILLMAN’S CORNER-THEODORE AREA (DISTRICT 4). The Presiding Officer announced that today was the day for the public hearing to consider amending Section 64-8 of the City Code to approve a temporary suspension of fees for rezoning ordinance applications related to parcels in the Tillman’s Corner-Theodore area, and asked if there was anyone present to speak for or against this matter. No one appeared.

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

PUBLIC HEARING TO CONSIDER AMENDING SECTION 64-9 OF THE CITY CODE TO APPROVE A TEMPORARY SUSPENSION OF CERTAIN REQUIREMENTS FOR REZONING APPLICATIONS RELATED TO PARCELS IN THE TILLMAN’S CORNER-THEODORE AREA (DISTRICT 4). The Presiding Officer announced that today was the day for the public hearing to consider amending Section 64-9 of the City Code to approve a temporary suspension of certain requirements for rezoning applications related to parcels in the Tillman’s Corner-Theodore area, and asked if there was anyone present to speak for or against this matter. No one appeared.

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

PUBLIC HEARING TO CONSIDER THE VACATION OF A 15-FOOT ALLEY BETWEEN OGDEN AVENUE AND HEMLEY AVENUE (DISTRICT 1) (APPLICANT: KILSUN UHN). The Presiding Officer announced that today was the day for the public hearing to consider the vacation of a 15-foot alley between Ogden Avenue and Hemley Avenue, and asked if there was anyone present to speak for or against this matter. No one appeared.

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

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

(A) AGENDA ITEMS:

None

(B) NON-AGENDA ITEMS:

None

SUSPENSION OF RULES FOR IMMEDIATE CONSIDERATION OF ORDINANCES BEING INTRODUCED FOR FIRST TIME.

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Ordinances 64-034 and 64-035, with the exception of 64-035, which motion was seconded by Councilmember Hudson, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for both items, with the exception of 64-035, which would be laid over according to procedure.

ORDINANCES BEING INTRODUCED:

AMEND SECTION 64-8 OF THE CITY CODE TO APPROVE A TEMPORARY SUSPENSION OF FEES FOR REZONING ORDINANCE APPLICATIONS RELATED TO PARCELS IN THE TILLMAN’S CORNER-THEODORE AREA. The following ordinance was introduced by Councilmember Hudson.

ORDINANCE 64-034-2009

Sponsored by: Councilmember Williams

WHEREAS, by Ordinance 64 - 031, adopted by the City Council on July 7, 2009, the City Council undertook to zone, by parcel number, certain properties located in the Tillman’s Corner - Theodore Area that recently annexed into the City of Mobile; and,

WHEREAS, those properties had not heretofore been subject to any zoning by the City of Mobile prior to the adoption of Ordinance 64 - 031; and,

WHEREAS, one of the purposes of Ordinance 64 - 031 is to promote the health and general welfare of the citizens of Mobile by encouraging the most appropriate use of land according to the peculiar suitability of the land for particular purposes; and,

WHEREAS, the Council desires to allow owners of property subject to zoning by Ordinance 64 - 031 time to seek rezoning of their properties without payment of the fees specified in Section 64-8, Paragraph 5, “Schedule of Fees” of the Mobile City Code.

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

SECTION ONE: That Section 64-8, Paragraph 5, “Schedule of Fees” of the Mobile City Code, is hereby amended to read as follows:

5.1 SCHEDULE OF FEES. Applications for review by the Planning Commission or Board of Adjustment, as the case may be, shall be accompanied by a fee payment according to the following schedule:

Amendment of Zoning Ordinance Application . . . . . . . . . . . . . . . . . . . . . $100.00

Applications for PUD, and other special
or building groups . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150.00



Applications for Planning Approval (other
than non-profit organizations such as churches,
schools and public buildings) .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150.00

Applications for Planning Approval (for nonprofit
organizations such as churches,
schools and public buildings) .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00

Appeals to Board of Zoning Adjustment
Applications for Variance:
Residential Applications . . . . . . . . . . . $100.00 for the initial request, and
$25.00 for each additional request
(plus postage);

Commercial Applications .. . . . . . . . . . $200.00 for the initial request, and
$25.00 for each additional request
(plus postage).

5.2 TEMPORARY SUSPENSION OF FEES FOR AMENDMENT OF REZONING ORDINANCE APPLICATIONS RELATED TO PARCELS IN THE TILLMAN’S CORNER - THEODORE AREA SUBJECT TO ZONING BY ORDINANCE64-031 ADOPTED BY THE COUNCIL ON JULY 7, 2009. Owners of property subject to zoning by Ordinance 64 - 031 may apply for rezoning of their properties without payment of the fees specified in section 5.1 so long as the application is filed and received on or before the close of business on December 31, 2009. This temporary suspension shall apply only to those parcels of property identified in Ordinance 64-031, and shall apply only to applications filed with and received by the Planning Commission on or before the close of business on December 31, 2009. Applications for zoning ordinance amendments received after December 31, 2009, shall be subject to full payment of all fees.

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

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

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

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

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

AMEND SECTION 64-9 OF THE CITY CODE TO APPROVE A TEMPORARY SUSPENSION OF CERTAIN REQUIREMENTS FOR REZONING APPLICATIONS RELATED TO PARCELS IN THE TILLMAN’S CORNER-THEODORE AREA. The following ordinance was laid over for one (1) week to the regular meeting of Tuesday, August 11, 2009.

ORDINANCE 64-035-2009

Sponsored by: Councilmember Williams

WHEREAS, by Ordinance 64 - 031, adopted by the City Council on July 7, 2009, the City Council undertook to zone, by parcel number, certain properties located in the Tillman’s Corner - Theodore Area that recently annexed into the City of Mobile; and,

WHEREAS, those properties had not heretofore been subject to any zoning by the City of Mobile prior to the adoption of Ordinance 64 - 031; and,

WHEREAS, one of the purposes of Ordinance 64 - 031 is to promote the health and general welfare of the citizens of Mobile by encouraging the most appropriate use of land according to the peculiar suitability of the land for particular purposes; and,

WHEREAS, the Council desires to allow owners of property subject to zoning by Ordinance 64 - 031 time to seek rezoning of their properties without having to submit a survey or plot plan as required by Section 64-9, Paragraph B.2 of the Mobile City Code.

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

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

B. Amendment Procedure

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

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

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

b. Plot plan. If the proposed amendment would require a change in the zoning map, a plot plan showing the land area which would be affected, easements bounding and intersecting the designated area, the locations of existing and proposed structures with supporting open facilities, and the ground area to be provided and continuously maintained for the proposed structure or structures.

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

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

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

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

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

SECTION TWO: The provisions of this Ordinance are severable. If any part of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, that declaration shall not affect the part or parts that remain.
SECTION THREE: This Ordinance shall be effective upon adoption and publication as required by law.

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 01-469 through 03-489, with the exception of 01-469, which motion was seconded by Councilmember Hudson, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for all items, with the exception of 01-469, which would be laid over according to procedure.

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE NON-EXCLUSIVE AGREEMENT WITH BELLSOUTH TELECOMMUNICATIONS, INC., D/B/A AT&T ALABAMA, TO CONSTRUCT, OPERATE AND MAINTAIN INTEGRATED PROTOCOL ENABLED BROADBAND PLATFORM OF VOICE, DATA AND VIDEO SERVICES (“IP NETWORK”). The following resolution was laid over for one (1) week to the regular meeting of Tuesday, August 11, 2009.

RESOLUTION 01-469-2009

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a non-exclusive agreement with BellSouth Telecommunications, Inc., d/b/a AT&T Alabama to construct, operate and maintain integrated protocol enabled broadband platform of voice, data and video services (“IP Network”) in the City of Mobile, as outlined in the agreement attached hereto and made a part hereof as though set forth in full. A copy of said agreement is on file in the office of the City Clerk.

NOTE: Councilmember Johnson commented on Resolution 01-469-2009.

REALLOCATE $10,000.00 FROM CAPITAL PROJECT #157, BUILDINGS & GROUNDS ALLOWANCE TO GENERAL FUND-MECHANICAL SYSTEMS OPERATING SUPPLIES. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 09-470-2009

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $10,000.00 be re-allocated from Capital Project #157 Buildings and Grounds Allowance, Capital Improvement Fund 580 to the General Fund to increase the line item budget for General Ledger Account Number 100.0216.41440 Mechanical System.Operating Supplies.

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 Gregory, the vote was as follows:

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

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

REALLOCATE $30,000.00 FROM CAPITAL PROJECT #1870 FIRE STATION BUILDING IMPROVEMENTS (FUND 580) TO CAPITAL PROJECT #7151 FIRE DEPARTMENT-WAREHOUSE PURCHASE AND RENOVATIONS. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 09-471-2009

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $30,000.00 be re-allocated from Capital Project #1870 Fire-Miscellaneous Fire Stations/Building Improvements in the Capital Improvement Fund 580 to Capital Project #7151 Fire Department-Warehouse Purchase and Renovation.

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, Hudson, Gregory, Copeland
Nays: None

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

REALLOCATE $10,000.00 FROM CAPITAL PROJECT #1264-MISCELLANEOUS CAPITAL IMPROVEMENTS-DISTRICT 5 (FUND 591) TO CAPITAL PROJECT #448 TRAFFIC ENGINEERING-STREET TRAFFIC IMPROVEMENTS. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 09-472-2009

Sponsored by: Mayor Jones and Councilmember Copeland

WHEREAS, THE CITY COUNCIL OF THE CITY OF MOBILE adopted Ordinance Number 84-048 on July 24, 2008, authorizing the issuance of the Series 2008B General Obligation Refunding and Improvement Warrants; and including in its revised list of Capital Improvements Miscellaneous Capital Improvements, District 5; and

WHEREAS, the aforementioned Ordinance authorizes the City to supplement or revise the list of Capital Improvements to be paid from the proceeds of Warrants by resolution or ordinance; and

WHEREAS, the entire amount which was authorized to be financed in Miscellaneous Capital Improvements, District 5, is not needed at this time; and

WHEREAS, the Council has received an opinion of counsel that the use of the proceeds of the Warrants for the capital improvement project listed below is authorized by law and will not result in the interest income on the Warrants becoming subject to federal income taxation; and

THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $10,000.00 from Capital Project #1264 Miscellaneous Capital Improvements, District 5, be reallocated to Capital Project #448 Traffic Engineering-Street Traffic Improvements.

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, 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 SOUTHERN EARTH SCIENCES, INC., FOR RESURFACING GROUP 2009-2, $20,943.35. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-473-2009

Sponsored by: Mayor Jones and Mobile City Council

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: Southern Earth Sciences, Inc.

Project Name: Resurfacing Group 2009-2

Estimated Cost: $20,943.35

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, Hudson, Gregory
Nays: None
Abstentions: Copeland

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

AUTHORIZE CONTRACT WITH JOLLY ROOFING AND CONTRACTING CO., INC., FOR FIRE STATION #20—ROOF REPLACEMENT, $67,536.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-474-2009

Sponsored by: Mayor Jones and Councilmember Johnson

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: Jolly Roofing and Contracting Co., Inc.

Project Name: Fire Station #20 – Roof Replacement

Project Number: FD-095-09

Amount: $67,536.00

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, and the vote was as follows:

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

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

AUTHORIZE CONTRACT AMENDMENT WITH BURK-KLEINPETER, INC., FOR ENGINEERING SERVICES ON HILLWOOD DRIVE DRAINAGE IMPROVEMENTS—FROM OLD SHELL ROAD TO THE OUTFALL, ADD $20,100.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-475-2009

Sponsored by: Mayor Jones and Councilmember Copeland

WHEREAS, the City entered into a contract dated September 30, 2008, with Burk-Kleinpeter, Inc., for engineering services on the project known as Hillwood Drive Drainage Improvements—from Old Shell Road to the outfall, Project Number 2008-202-09.

WHEREAS, the fees for the engineering services are based on a percentage of the total project cost, with the fee percentage for contracts between $250,000.00 and $500,000.00 being 6.9% for the design stage and 5.5% for the construction stage; and

WHEREAS, at the time the contract was entered into it was estimated that the contract cost would be $350,000.00, and engineering fees to Burk-Kleinpeter, Inc., based on that contract amount, would have been 6.9% for the design stage and 5.5% for the construction stage, resulting in estimated engineering fees of $48,500.00; and

WHEREAS, the final estimated project cost is $555,000.00 and professional engineering fees have been adjusted to properly compensate Burk-Kleinpeter, Inc., in accordance with the standard fee schedule used in City of Mobile Professional Services Contracts, 6.5% for the design stage and 5.0% for the construction stage thereby increasing professional engineering fees by $20,100.00 to a total of $68,600.00; and

WHEREAS, the contract provides on Page 14 (IV, A1f) that the “Total fees for professional engineering services for this contract shall not exceed $48,500.00 unless authorized by the CITY;”

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Council does hereby authorize the additional fee of $20,100.00, for a total of $68,600.00, to be paid to Burk-Kleinpeter, Inc., for engineering services on the Hillwood Drive Drainage Improvements—from Old Shell Road to the outfall, Project Number 2008-202-09.

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

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

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

GRANT EASEMENT TO THE ALABAMA POWER COMPANY ON BEAUREGARD STREET TO INSTALL A POWER LINE AT UNITY POINT. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 25-476-2009

Sponsored by: Mayor Jones and Councilmember Carroll

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, an easement to ALABAMA POWER COMPANY across property as set out in Easement WE #A655305B209, copy of which is attached hereto and made a part hereof as though fully set forth herein, for and in consideration of a power line at Unity Point.

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, Hudson, Gregory, Copeland
Nays: None

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

APPOINT ELECTION OFFICIALS FOR THE VOTING CENTERS FOR THE MUNICIPAL ELECTION TO BE HELD ON AUGUST 25, 2009 (AND POSSIBLE RUN-OFF ON OCTOBER 6, 2009). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 27-477-2009

Sponsored by: Mayor Jones

WHEREAS, a Municipal Election has been called to be held on the 25th day of August, 2009, and a Run-Off Election to be held, if necessary, on October 6, 2009; and

WHEREAS, Section 11-46-27 of the Alabama Code of 1975, and regulations adopted pursuant thereto provide, in part, that the municipal governing body, not less than 15 days before the holding of any municipal election, appoint from the municipality officers to hold the election;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the persons named on the list attached hereto and made a part hereof, be, and they hereby are, designated as the election officers for the voting centers of the City of Mobile for the Municipal Election to be held on August 25, 2009, and for the Run-Off Election on October 6, 2009.

Name Title Voting Location
Mr. Chester Lee Williams Inspector 1-1, Little Welcome Baptist Church
Mr. George E. Brown Chief Clerk 1-1, Little Welcome Baptist Church
Ms. Vonda Golston-Gamble Assistant Clerk 1-1, Little Welcome Baptist Church
Ms. Marie B. Lee Assistant Clerk 1-1, Little Welcome Baptist Church
Ms. Myrtle M. Stallworth Assistant Clerk 1-1, Little Welcome Baptist Church
Ms. Della O. Aaron Assistant Clerk 1-1, Little Welcome Baptist Church
Ms. Wilhelmina B. Gregory Assistant Clerk 1-1, Little Welcome Baptist Church
Ms. Annie B. Brown Assistant Clerk 1-1, Little Welcome Baptist Church
Ms. Leevones Dubose Inspector 1-2, Dotch Community Center
Ms. Ella Ervin Chief Clerk 1-2, Dotch Community Center
Mr. Edgar L. Spencer, Sr. Assistant Clerk 1-2, Dotch Community Center
Ms. Wanda N. Dailey Assistant Clerk 1-2, Dotch Community Center
Ms. Ina Mae Massey Assistant Clerk 1-2, Dotch Community Center
Ms. Pearlie E. Watson Assistant Clerk 1-2, Dotch Community Center
Mr. James C. Turner Assistant Clerk 1-2, Dotch Community Center
Ms. Leathia Kidd Assistant Clerk 1-2, Dotch Community Center
Ms. Irma Jackson Inspector 1-3, Figures Park Community Center
Ms. Nora K. Grayson Chief Clerk 1-3, Figures Park Community Center
Mr. Anthony E. Robinson Assistant Clerk 1-3, Figures Park Community Center
Ms. Annie Lee Crosby Assistant Clerk 1-3, Figures Park Community Center
Ms. Mae Jane Weeden Assistant Clerk 1-3, Figures Park Community Center
Ms. Eddie Mae Martin Assistant Clerk 1-3, Figures Park Community Center
Ms. Florence N. Jackson Assistant Clerk 1-3, Figures Park Community Center
Ms. Lillie Mae Patrick Assistant Clerk 1-3, Figures Park Community Center
Mr. Lawrence E. Carroll Inspector 1-4, Dumas Wesley Community Center
Ms. Mildred L. Tanner Chief Clerk 1-4, Dumas Wesley Community Center
Mr. Desmond B. Toler Assistant Clerk 1-4, Dumas Wesley Community Center
Ms. Marilyn S. Bailey Assistant Clerk 1-4, Dumas Wesley Community Center
Ms. Norma McNair Assistant Clerk 1-4, Dumas Wesley Community Center
Ms. Florence Benoit Assistant Clerk 1-4, Dumas Wesley Community Center
Ms. Recie L. Turner Assistant Clerk 1-4, Dumas Wesley Community Center
1-4, Dumas Wesley Community Center
Ms. Ethelstine Jackson Inspector 1-5, Boys & Girls Club of Mobile
Ms. Takisha N. Gordon Chief Clerk 1-5, Boys & Girls Club of Mobile
Ms. Marion H. Davis Assistant Clerk 1-5, Boys & Girls Club of Mobile
Mr. Tshombie J. Jackson Assistant Clerk 1-5, Boys & Girls Club of Mobile
Ms. Gloria A. Diamond Assistant Clerk 1-5, Boys & Girls Club of Mobile
Mr. Jessie C. Dixon Assistant Clerk 1-5, Boys & Girls Club of Mobile
Ms. Sharon C. York Assistant Clerk 1-5, Boys & Girls Club of Mobile
Ms. Florence E. Turner Assistant Clerk 1-5, Boys & Girls Club of Mobile
Mr. John W. Klotz Inspector 2-1, Springhill Avenue Community Center
Mr. George R. Brabner, III Chief Clerk 2-1, Springhill Avenue Community Center
Ms. Alice Zoradi Assistant Clerk 2-1, Springhill Avenue Community Center
Ms. Carole Crenshaw Quail Assistant Clerk 2-1, Springhill Avenue Community Center
Carrie Welch Hibberts Assistant Clerk 2-1, Springhill Avenue Community Center
Randall Scott Jolly Assistant Clerk 2-1, Springhill Avenue Community Center
Mary Elizabeth Schiro Assistant Clerk 2-1, Springhill Avenue Community Center
Ben Doyle Sumrall Assistant Clerk 2-1, Springhill Avenue Community Center
Mr. Walter Hunter Inspector 2-2, Bishop State Community College
Ms. Dorothy R. Stewart Chief Clerk 2-2, Bishop State Community College
Ms. Schari M. Rancifer Assistant Clerk 2-2, Bishop State Community College
Ms. Gwendolyn J. Edwards Assistant Clerk 2-2, Bishop State Community College
Ms. Corine T. Wesley Assistant Clerk 2-2, Bishop State Community College
Ms. Patricia B. Brown Assistant Clerk 2-2, Bishop State Community College
Ms. Mable Lee Harris Assistant Clerk 2-2, Bishop State Community College
Mr. Harold Lang Assistant Clerk 2-2, Bishop State Community College
Ms. Mary Gaston Inspector 2-3, Thomas Sullivan Community Center
Ms. Anne East Chief Clerk 2-3, Thomas Sullivan Community Center
Ms. Mattie Mae McNeal Assistant Clerk 2-3, Thomas Sullivan Community Center
Ms. Geraldine Lett Assistant Clerk 2-3, Thomas Sullivan Community Center
Ms. Mary Sykes Assistant Clerk 2-3, Thomas Sullivan Community Center
Mr. Henry Kiel Assistant Clerk 2-3, Thomas Sullivan Community Center
Ms. Bobbie Jean Adams Assistant Clerk 2-3, Thomas Sullivan Community Center
Mr. Edra Earle Adams Assistant Clerk 2-3, Thomas Sullivan Community Center
Ms. Thelma Owens Inspector 2-4, Plateau Community Center
Ms. Ereka J. Craig Chief Clerk 2-4, Plateau Community Center
Ms. Carla Bazemore Assistant Clerk 2-4, Plateau Community Center
Ms. Helen T. Williams Assistant Clerk 2-4, Plateau Community Center
Mr. Larry Shears Assistant Clerk 2-4, Plateau Community Center
Ms. Betty W. Maiben Assistant Clerk 2-4, Plateau Community Center
Mr. James C. Maiben Assistant Clerk 2-4, Plateau Community Center
Ms. Anna M. Stratman Assistant Clerk 2-4, Plateau Community Center
Ms. Mary R. Walker Inspector 2-5, Mobile Civic Center
Ms. Juanita Sturdivant Chief Clerk 2-5, Mobile Civic Center
Ms. Geraldine Webster Assistant Clerk 2-5, Mobile Civic Center
Ms. Shayla A. Hickman Assistant Clerk 2-5, Mobile Civic Center
Ms. Lolita W. Rivers Assistant Clerk 2-5, Mobile Civic Center
Ms. Diann Bryant Assistant Clerk 2-5, Mobile Civic Center
Mr. Thomas H. White, Jr. Assistant Clerk 2-5, Mobile Civic Center
Ms. Willia I. James Assistant Clerk 2-5, Mobile Civic Center
Ms. Linda Copeland Inspector 2-6, VIA! Mary Abbie Berg Senior Center
Ms. Lawrence G. Wilson Chief Clerk 2-6, VIA! Mary Abbie Berg Senior Center
Ms. Mary Ellen Brannan Assistant Clerk 2-6, VIA! Mary Abbie Berg Senior Center
Ms. Melanie F. Bouler Assistant Clerk 2-6, VIA! Mary Abbie Berg Senior Center
Ms. Laurine M. Connolly Assistant Clerk 2-6, VIA! Mary Abbie Berg Senior Center
Ms. Donna Kane Assistant Clerk 2-6, VIA! Mary Abbie Berg Senior Center
Ms. Mignon V. Kilday Assistant Clerk 2-6, VIA! Mary Abbie Berg Senior Center
Mr. James M. Carroll Assistant Clerk 2-6, VIA! Mary Abbie Berg Senior Center
Ms. Ethel Leshore Inspector 3-1, Taylor Park
Mr. Elijah Howard Chief Clerk 3-1, Taylor Park
Ms. Shelia D. Davidson Assistant Clerk 3-1, Taylor Park
Ms. Geraldyne Lucas Assistant Clerk 3-1, Taylor Park
Mr. Jimmie Roy Beard Assistant Clerk 3-1, Taylor Park
Ms. Ethel Howard Assistant Clerk 3-1, Taylor Park
Ms. Stella Ratcliff Assistant Clerk 3-1, Taylor Park
Ms. Julia P. Rembert Assistant Clerk 3-1, Taylor Park
Mr. Eddie Howard, Jr. Inspector 3-2, Mae Eanes School
Ms. Corinne R. Duncan Chief Clerk 3-2, Mae Eanes School
Ms. Patricia Ann Carey Assistant Clerk 3-2, Mae Eanes School
Ms. Brenda J. Hunter Assistant Clerk 3-2, Mae Eanes School
Mr. Henry Lee Simon Assistant Clerk 3-2, Mae Eanes School
Ms. Emlistine Moore Assistant Clerk 3-2, Mae Eanes School
Ms. Deborah D. Blair Assistant Clerk 3-2, Mae Eanes School
Mr. William Cannon Assistant Clerk 3-2, Mae Eanes School
Ms. Barbara Trenier Inspector 3-3, Gilliard Elementary School
Ms. Emily J. Williams Chief Clerk 3-3, Gilliard Elementary School
Mr. Frank J. Coleman Assistant Clerk 3-3, Gilliard Elementary School
Ms. Martha P. Kidd Assistant Clerk 3-3, Gilliard Elementary School
Ms. Mary J. Lucy Assistant Clerk 3-3, Gilliard Elementary School
Mr. Torry Kidd, Jr. Assistant Clerk 3-3, Gilliard Elementary School
Mr. Herbert H. Stallworth Assistant Clerk 3-3, Gilliard Elementary School
Mr. Charles L. Bolton Assistant Clerk 3-3, Gilliard Elementary School
Mr. Vernon A. Coleman, Sr. Inspector 3-4, Rickarby Park
Ms. Joyce G. Williams Chief Clerk 3-4, Rickarby Park
Mr. John Clipper Assistant Clerk 3-4, Rickarby Park
Mr. George F. Brown Assistant Clerk 3-4, Rickarby Park
Ms. Geneva A. Smith Assistant Clerk 3-4, Rickarby Park
Ms. Minyon L. Ducloux Assistant Clerk 3-4, Rickarby Park
Ms. Jeane P. Washington Assistant Clerk 3-4, Rickarby Park
Ms. Genevieve L. Johnson Assistant Clerk 3-4, Rickarby Park
Mr. Larry M. Thompson Inspector 3-5, Riverside Baptist Church
Ms. Helen C. Berger Chief Clerk 3-5, Riverside Baptist Church
Ms. Martha M. Pounds Assistant Clerk 3-5, Riverside Baptist Church
Mr. Don E. Pounds Assistant Clerk 3-5, Riverside Baptist Church
Ms. Wanda Cook Assistant Clerk 3-5, Riverside Baptist Church
Ms. Pauline Thompson Assistant Clerk 3-5, Riverside Baptist Church
Ms. Marcelline Holladay Assistant Clerk 3-5, Riverside Baptist Church
Ms. Merle C. Southall Assistant Clerk 3-5, Riverside Baptist Church
Ms. Alleen Barnett Inspector 6-1, Hillcrest Baptist Church
Mr. Charles Sleeman Chief Clerk 6-1, Hillcrest Baptist Church
Mr. James Lignos Assistant Clerk 6-1, Hillcrest Baptist Church
Ms. Irene Lignos Assistant Clerk 6-1, Hillcrest Baptist Church
Mr. Thomas Todd Assistant Clerk 6-1, Hillcrest Baptist Church
Ms. Ouida Barton Assistant Clerk 6-1, Hillcrest Baptist Church
Mr. Harvey Barnett Assistant Clerk 6-1, Hillcrest Baptist Church
Ms. Susan Sleeman Assistant Clerk 6-1, Hillcrest Baptist Church
Ms. Marie Owens Inspector 6-2, Our Savior Catholic Church
Ms. Carolyn Wyckoff Chief Clerk 6-2, Our Savior Catholic Church
Mr. John Wyckoff Assistant Clerk 6-2, Our Savior Catholic Church
Ms. Diane Freeman Assistant Clerk 6-2, Our Savior Catholic Church
Mr. Joseph Gregory Assistant Clerk 6-2, Our Savior Catholic Church
Mr. Louis Owens Assistant Clerk 6-2, Our Savior Catholic Church
Ms. Marian Boulton Assistant Clerk 6-2, Our Savior Catholic Church
Ms. Elizabeth Drain Assistant Clerk 6-2, Our Savior Catholic Church
Ms. Deborah Luke Inspector 6-3, Mobile Regional Senior Community Center
Ms. Patricia Gentry Chief Clerk 6-3, Mobile Regional Senior Community Center
Ms. Alice Knowles Assistant Clerk 6-3, Mobile Regional Senior Community Center
Ms. Dorothy Munger Assistant Clerk 6-3, Mobile Regional Senior Community Center
Mr. Roy Munger Assistant Clerk 6-3, Mobile Regional Senior Community Center
Ms. Lynda Hollon Assistant Clerk 6-3, Mobile Regional Senior Community Center
Ms. Euna Ellicott Assistant Clerk 6-3, Mobile Regional Senior Community Center
Mr. Andrew Harper Assistant Clerk 6-3, Mobile Regional Senior Community Center

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, Hudson, Gregory, Copeland
Nays: None

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

STATE OF ALABAMA )
COUNTY OF MOBILE )

I, Lisa C. Lambert, City Clerk of Mobile, Alabama, hereby certify that Resolution No. 27-477, Series 2009, was published in the Mobile Record, a newspaper of general circulation in the City and County of Mobile, Alabama, on August 12, 2009.

IN WITNESS WHEREOF, I have hereunto set my hand on this day of , 2009.

________________________
City Clerk

APPOINT ABSENTEE ELECTION OFFICERS FOR THE MUNICIPAL ELECTION TO BE HELD ON AUGUST 25, 2009 (AND POSSIBLE RUN-OFF ON OCTOBER 6, 2009).
The following resolution was introduced by Councilmember Richardson.

RESOLUTION 27-478-2009

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the persons named below be, and they hereby are, designated as the absentee election officers for the Municipal Election to be held on August 25, 2009, and run-off on October 6, 2009:

Absentee Counting

Manager: Margaret McCryndle Gray
Returning Officer: Sheila Anthony White
Clerk: Beverly Avera Barton

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, Hudson, Gregory, Copeland
Nays: None

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

STATE OF ALABAMA )
COUNTY OF MOBILE )

I, Lisa C. Lambert, City Clerk of Mobile, Alabama, hereby certify that Resolution No. 27-478, Series 2009, was published in the Mobile Record, a newspaper of general circulation in the City and County of Mobile, Alabama, on August 12, 2009.

IN WITNESS WHEREOF, I have hereunto set my hand on this day of , 2009.

________________________
City Clerk

RECOMMEND APPROVAL TO ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR JIMMY’S CONVENIENCE, 2309 COSTARIDES STREET (DISTRICT 1). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 37-479-2009

Sponsored by: Councilmember Richardson

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: Quang Xuan Nguyen
(Sole Proprietor)

Location: Jimmy’s Convenience
2309 Costarides Street

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 directed to the proprietor (Quang Nguyen) by Councilmember Richardson, the vote was as follows:

Ayes: Richardson, Carroll, Johnson, 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 NON-PROFIT TAX EXEMPT LICENSE FOR VINTAGE AFFAIR, 301 CONTI STREET (AMERICAN CANCER SOCIETY, AUGUST 26-27, 2009, 6:00 P.M. THROUGH 12:00 A.M.) (DISTRICT 2). The following resolution was introduced by Councilmember Carroll.

RESOLUTION 37-480-2009

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: Non-Profit Tax Exempt

Submitted by: The American Cancer Society

Location: Vintage Affair
301 Conti Street

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

Ayes: Richardson, Carroll, Johnson, 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 (OFF PREMISES ONLY) LICENSE FOR SAIGON SUPERMARKET, 5015 COTTAGE HILL ROAD (DISTRICT 4). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 37-481-2009

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
(Off Premises Only)

Submitted by: Elizabeth Huynh and Don D. Nguyen
(Partnership)

Location: Saigon Supermarket
5015 Cottage Hill Road

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, 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 DISCOUNT ZONE CITGO, 507 AZALEA ROAD (DISTRICT 5). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 37-482-2009

Sponsored by: Councilmember Copeland

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: T R LLC

Location: Discount Zone Citgo
507 Azalea Road

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

Ayes: Richardson, Carroll, Johnson, 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 LOUNGE RETAIL LIQUOR CLASS I LICENSE FOR DRURY INN MOBILE, 824 I-65 SERVICE ROAD SOUTH (DISTRICT 5). The following resolution was introduced by Councilmember Copeland.

RESOLUTION 37-483-2009

Sponsored by: Councilmember Copeland

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: Lounge Retail Liquor Class I

Submitted by: DI Hotels Sun LLC

Location: Drury Inn Mobile
824 I-65 Service Road South

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 Richardson, and the vote was as follows:

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

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

ASSENT TO THE VACATION OF A 15-FOOT ALLEY BETWEEN OGDEN AVENUE AND HEMLEY AVENUE (DISTRICT 1) (APPLICANT: KILSUN UHN). The following resolution was laid over for one (1) week to the regular meeting of Tuesday, August 11, 2009, at the request of Council attorney, Jim Rossler.

RESOLUTION 47-484-2009

WHEREAS, Kilsun Uhn, Jaeshin Uhn and Lau Kam Shing, as abutting property owners of the following described right of way located between Ogden Avenue and Hemley Avenue, have requested the Mobile City Council to assent to the vacation and closing by them as abutting property owners of the right of way hereinafter described;

WHEREAS, it has been shown to the satisfaction of the Mobile City Council that Kilsun Uhn, Jaeshin Uhn and Lau Kam Shing own all of the property abutting along said right of way, that the same is not needed as a public road in the City of Mobile, Alabama, that the vacation of same will not deprive any other property owner of such right as such property owner may have to convenient and reasonable ingress and egress to and from such other property, and that it would be to the best interest of the Mobile City Council to vacate the same;

WHEREAS, said abutting property owners have consented to this vacation;

NOW, THEREFORE, BE IT RESOLVED, by the Mobile City Council that its assent be, and it is hereby given to Kilsun Uhn, Jaeshin Uhn and Lau Kam Shing as abutting property owners, to the vacation and closing by it of the following described right of way, more particularly described as follows:

Commencing at the Southeast corner of Lot 321, Haas Place, according to plat thereof recorded in Deed Book 153, Pages 266-269, in the Office of the Judge of Probate, Mobile County, Alabama; thence run North 64 degrees 03 minutes 56 seconds West, a distance of 141.39 feet to the Southwest corner of Lot 321 of said Haas Place; thence run North 25 degrees 53 minutes 40 seconds East, a distance of 30.00 feet to the point of beginning of proposed vacation of a portion of a 15’ alley, Haas Place herein described;

Thence run North 64 degrees 03 minutes 56 seconds West, a distance of 15.00 feet to the Southeast corner of Lot 332 of said Haas Place; thence run North 25 degrees 53 minutes 40 seconds East, a distance of 65.03 feet to the Northeast corner of Lot 331 of said Haas Place; thence run North 64 degrees 00 minutes 00 seconds West, a distance of 78.12 feet; thence run North 25 degrees 42 minutes 41 seconds East, a distance of 7.50 feet to the Southeast corner of Lot 329 of said Haas Place; thence continue North 25 degrees 42 minutes 41 seconds East, a distance of 7.50 feet; thence run South 64 degrees 00 minutes 00 seconds East, a distance of 93.17 feet to the Southeast corner of Lot 326 of said Haas Place; thence run South 25 degrees 53 minutes 40 seconds West, a distance of 80.02 feet to the Southwest corner of Lot 322 of said Haas Place and the Point of Beginning.

BE IT FURTHER RESOLVED, by the Mobile City Council, that its assent be, and the same hereby is, given to vacate and annul the herein described portion of said right of way located at Ogden Avenue and Hemley Avenue, Mobile, Alabama, subject, however, to the following conditions:

(a) The declaration of vacation and this resolution assenting to the vacation of said property, upon adoption by the Mobile City Council, be recorded in the Probate Court of Mobile County, Alabama, and a certified copy of the resolution shall be immediately delivered to the Tax Assessor’s Plat Room so that this property may be reassessed in the names of the new owners;

(b) Alabama Power Company and AT&T are reserved all rights and privileges necessary and convenient for full enjoyment of use of its facilities within and adjacent to the area to be vacated; including the right of ingress and egress to and from said facilities, the right to cut and/or trim trees/limbs which, in their sole opinion would interfere with said facilities, and the right to prohibit use of the land vacated in a manner which violates the National Electric Safety Code.

(e) An easement is excepted from this vacation and is retained in favor of the City of Mobile.

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved to lay over the resolution for one (1) week to the regular meeting of Tuesday, August 11, 2009, which motion was seconded by Councilmember Hudson, and the vote was as follows:

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

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution laid over for one (1) week to the regular meeting of Tuesday, August 11, 2009.

NOTE: The motion to lay over the resolution was made upon the advice of the Council’s attorney, Jim Rossler.

DECLARE WEEDS NOXIOUS, GROUP #1413. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-485-2009

A RESOLUTION DECLARING WEEDS GROWING UPON THE STREETS OR SIDEWALKS AND UPON PRIVATE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF MOBILE TO BE NOXIOUS OR DANGEROUS AND TO BE PUBLIC NUISANCES AND PROVIDING FOR THE ABATEMENT OF SUCH NUISANCES.

WHEREAS, a survey has been made to determine the properties upon which or in front of which noxious or dangerous weeds are growing, and the agents or employees of the City of Mobile have obtained the legal description of parcels of property in the City of Mobile upon which or in front of which such weeds are growing, and it has been determined to follow the provision of Act No. 329 of the Legislature of the State of Alabama, approved on April 28, 1988, and to have caused such weeds to be cut or otherwise abated as public nuisances:

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

SECTION 1. It has been determined by the City Council of Mobile that the weeds growing on the privately owned lots or parcels of land described in Exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part thereof as though set forth in full, known as Group #1413, under the caption "NOXIOUS OR DANGEROUS WEEDS GROWING ON PROPERTY" are noxious and dangerous, and such weeds are hereby declared to be public nuisances. The properties upon which such weeds are growing are all located within the corporate limits of the City of Mobile, about the streets referred to in the description which are more particularly described in said Exhibit "A."

SECTION 2. The weeds growing on or in front of the above described parcels of property shall be abated by the removal of such noxious or dangerous weeds, or they will be removed and the nuisances abated by the City of Mobile, in which case the cost of such removal will be assessed against the respective parcels of lands from which such weeds are removed, and such cost will constitute a lien upon such respective parcels of land until paid. A public meeting is hereby called to be held in the Auditorium of the Mobile Government Plaza, 205 Government Street, Mobile, Alabama, on the 1st day of September, 2009, at ten thirty a.m. for the purposes of hearing any objections to the declarations contained in this resolution and to the proposed removal of such weeds, at which time all objections will be heard and given due consideration by the City Council of Mobile; and it is directed that there shall be conspicuously posted in front of each parcel of property, a notice headed "NOTICE TO DESTROY WEEDS," such heading to be in words not less than one inch in height and substantially in the form set out in such Act No. 329, approved April 29, 1988.

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

Ayes: Richardson, Carroll, Johnson, 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 APPLY FOR BROADBAND TECHNOLOGY OPPORTUNITY PROGRAM GRANT FUNDS FROM THE U. S. DEPARTMENT OF COMMERCE. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 31-487-2009

Sponsored by: Mayor Jones

WHEREAS, the U.S. Department of Commerce – National Telecommunications and Information Administration has established the Broadband Technology Opportunities Program (BTOP) pursuant to the American Recovery and Reinvestment Act of 2009 which makes available grants for deploying broadband infrastructure in unserved and underserved areas in the United States, enhancing broadband capacity at public computer centers, and promoting sustainable broadband adoption projects.

WHEREAS, the objective of the Recovery Act is to spur job creation and stimulate long-term economic growth and opportunity.

WHEREAS, the City of Mobile is eligible to apply for these grant funds and has formed a coalition of participating agencies to implement the Digital Mobile Initiative Project proposal to include: The University of South Alabama, Bishop State Community College, Mobile Housing Board, Mobile-Works, Mobile County Public Schools, and Franklin Primary Medical Centers (Federal Qualified Health Center).

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, the Mayor is authorized to apply for the BTOP funds from the U.S. Department of Commerce – National Telecommunications and Information Administration and implement the required actions needed to secure grant funding if the application is awards.

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, Hudson, Gregory, Copeland
Nays: None

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

REAPPOINT LAWRENCE E. CARROLL, JR. AND HORACE CHRISTIAN TO THE SOLID WASTE DISPOSAL AUTHORITY. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 03-488-2009

Sponsored by: Councilmembers Richardson and Johnson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the following members are re-appointed to the Solid Waste Disposal Authority effective immediately for terms ending July 16, 2015:

Lawrence E. Carroll, Jr. (District 1)
Horace Christian (District 3)

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, Hudson, Gregory, Copeland
Nays: None

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

REAPPOINT THELMA COOKE THRASH TO THE LADD-PEEBLES MEMORIAL STADIUM PUBLIC PARK & RECREATION BOARD. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 03-489-2009

Sponsored by: Councilmember Johnson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Thelma Cooke Thrash is re-appointed to the Ladd-Peebles Memorial Stadium Public Park & Recreation Board for a term beginning August 22, 2009, and ending August 21, 2015.

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, 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 CONSIDER THE APPLICATION OF MODERN LIMOUSINE TO ADD ADDITIONAL VEHICLES TO ITS CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 41-486-2009

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the City Clerk be, and she hereby is, instructed to publish in a newspaper of general circulation within the municipality the attached notice stating the time and place a proposed resolution 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 the proposed resolution.

NOTICE OF HEARING FOR MODERN LIMOUSINE TO ADD VEHICLES TO ITS CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY

Notice is hereby given that the City Council of Mobile, Alabama, proposes to consider the application of Modern Limousine to add additional vehicles to its Certificate of Public Convenience and Necessity granted April 18, 2006. The adoption of such Certificate will be considered by the City Council in the Auditorium of the Mobile Government Plaza located at 205 Government Street, Mobile, Alabama, on Tuesday, the 18th 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 proposed resolution.

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, Hudson, Gregory, Copeland
Nays: None

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

ANNOUNCEMENTS:

Councilmember Carroll stated he traveled to Greensboro, North Carolina, last week for the Mobile Parks and Recreation Track Team meet. Councilmember Carroll also recognized the many accomplishments of the Parks and Recreation Department and urged the public to support the efforts of the participants in the various programs.

Councilmember Johnson commended the Recreation Department for the recent city-wide talent show at Williamson High School.

Council President Copeland announced that the Mobile Area Chamber of Commerce will host the Pork and Politics event tonight at the USS Alabama.

Councilmember Richardson noted he will hold his Toulminville community meeting at the Toulminville Library on Thursday, August 20, 2009.

Councilmember Hudson congratulated St. Luke’s Episcopal School on the grand opening of its new campus on August 9, 2009.

Councilmember Gregory reported the completion of the Old Shell Road sidewalk project.

Councilmember Gregory advised that tonight is “National Night Out” which is a celebration of community action groups.

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

Approved: September 1, 2009



_____________________________
COUNCIL PRESIDENT

_____________________________
CITY CLERK

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