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 11, 2009

MUNICIPAL BUILDING, MOBILE, ALABAMA, AUGUST 11, 2009

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza, Tuesday, August 11, 2009, at 9:00 a.m.

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

Absent: None

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

The Presiding Officer adjourned the meeting.

Approved: September 1, 2009

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK

MUNICIPAL BUILDING, MOBILE, ALABAMA, AUGUST 11, 2009

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza, Tuesday, August 11, 2009, at 10:30 a.m., in regular meeting.

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

Reverend Chris Bullock, Central Presbyterian 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 July 14, 2009, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Jones recognized the graduates of Leadership Mobile’s Class of 2009 who were part of the Health and Human Services Group. The Mayor read a proclamation naming the week of September 13-19, 2009, as “Wellness Week” in the City of Mobile.

Mayor Jones presented a Certificate of Recognition to Officer Adam Partridge “Officer of the Month” for July, 2009.

The Mayor announced there will be a BayFest press conference on Thursday, August 13, 2009, at the Riverview Hotel at 10:00 a.m.

Mayor Jones and Bud Ratliff introduced the new Athletic Director of the University of South Alabama, Dr. Joel W. Erdmann.

ADOPTION OF THE AGENDA:

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

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

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

APPEALS:

(1) The Council considered the request of Ray and Kasey Mahathy, 260 Siena Vista Street, for a waiver of the Noise Ordinance on August 29, 2009, from 7:00 p.m. until 11:00 p.m. (District 1).

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

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

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

(2) The Council considered the request of Jason Lloyd, Buffalo Wild Wings, 6341 Airport Boulevard, for a waiver of the Noise Ordinance on August 15, 2009, from 6:00 p.m. until 10:00 p.m. (live music on the patio) (District 6).

There being no objections, Councilmember Richardson moved that the waiver be considered, which motion was seconded by Councilmember Gregory. Following comments by Councilmember Hudson requesting denial of the waiver, the vote was as follows:

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

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

(3) The Council considered the request of Mario Yow for a waiver of the Noise Ordinance on August 16, 2009, from 3:00 p.m. until 8:00 p.m. at the Josephine Allen gazebo on Simpson Avenue (District 2).

There being no objections, Councilmember Carroll moved that the waiver be granted, 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 waiver granted.

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

(A) NON-AGENDA ITEMS:

Wesley James, Jr., a board member of Blak Hollywood Ent., introduced Sirron Crawford, CEO of Blak Hollywood Ent., who announced that the Blak Hollywood Ent. Festival will be Sunday, September 6, 2009, at Ladd-Peebles Stadium. Mr. Crawford requested that the Council pass a resolution naming September 6, 2009, as “Stop the Violence and Stay in School Day.”

(B) AGENDA ITEMS:

Ray Kistler, General Manager of Comcast, requested that the City Council lay over Resolution 01-469-2009 (AT&T) so that Comcast officials might review the ordinance.
ORDINANCES HELD OVER:

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 which was introduced and read at the regular meeting of Tuesday, August 4, 2009, and which was laid over for one (1) week to the regular meeting of Tuesday, August 11, 2009, was called up by the Presiding Officer.

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.

The resolution was read by the City Clerk; whereupon Councilmember Williams made a motion to lay over the ordinance until the meeting of Tuesday, September 8, 2009, 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 ordinance laid over until the meeting of Tuesday, September 8, 2009.

RESOLUTIONS HELD OVER:

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 which was introduced and read at the regular meeting of Tuesday, August 4, 2009, and which was laid over for one (1) week to the regular meeting of Tuesday, August 11, 2009, was called up by the Presiding Officer.

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.

The resolution was read by the City Clerk; whereupon Councilmember Richardson made a motion to consider the resolution, which motion was seconded by Councilmember Johnson. Whereupon Councilmember Hudson made a motion to lay the item over for one (1) week to the regular meeting of Tuesday, August 18, 2009, which motion to lay over was seconded by Councilmember Williams. Following comments by Councilmember Hudson, the vote to lay over for one (1) week was as follows:

Ayes: Williams, Hudson
Nays: Richardson, Carroll, Johnson, Gregory, Copeland

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the motion to lay over the resolution denied. The Presiding Officer called for the vote on the original motion, and the vote was as follows:

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

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 which was introduced and read at the regular meeting of Tuesday, August 4, 2009, and which was laid over for one (1) week to the regular meeting of Tuesday, August 11, 2009, was called up by the Presiding Officer.

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.

(c) 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; whereupon Councilmember Richardson 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.

STATE OF ALABAMA)
COUNTY OF MOBILE )

I, Lisa C. Lambert, City Clerk of Mobile, Alabama, hereby certify that Resolution No. 47-484, Series 2009, was published in the Mobile Record, a newspaper of general circulation in the City and County of Mobile, Alabama, on August 19, 2009.

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


________________________
City Clerk

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

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Resolutions 01-490 through 21-506, which motion was seconded by Councilmember Hudson, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for all items.

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE SUPPLEMENTAL AGREEMENT NO. 1 WITH THE STATE OF ALABAMA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF AN INDUSTRIAL ACCESS ROAD TO FORMER INTERNATIONAL PAPER SITE. The following resolution was introduced by Councilmember Carroll.

RESOLUTION 01-490-2009

Sponsored by: Mayor Jones and Councilmember Carroll

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

1. That the City enter into a Supplemental Agreement Number 1 with the State of Alabama, acting by and through the Alabama Department of Transportation for amending an original Agreement dated June 27, 2008, for:

2. Preliminary Engineering, Right-of-Way Acquisition and Construction Project IAR-049-000-002 Project Reference Number 100052087 Supplemental Agreement No. 1 for construction of an industrial access road to service existing and new industries at the site known as the Former International Paper property to benefit Berg Spiral Pipe Corporation, Calpine’s Hogg Bayou Energy Center, International Paper Co., and the Alabama State Port Authority in the City of Mobile; which Agreement is before this Council.

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

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

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

The resolution was read by the City Clerk; whereupon Councilmember Carroll 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.

REAPPOINT C. KING PICKETT TO THE SPRINGHILL MEDICAL CLINIC BOARD. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 03-491-2009

Sponsored by: Councilmember Williams

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that C. King Pickett is re-appointed to the Medical Clinic Board (Springhill) effective immediately for a term ending June 29, 2013.

The resolution was read by the City Clerk; whereupon Councilmember Richardson 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.

RESCIND RESOLUTION 09-423, ADOPTED JULY 21, 2009, TRANSFERRING $18,367.39 FROM CAPITAL PROJECT #157 BUILDINGS & GROUNDS ALLOWANCE TO GENERAL FUND-ARCHITECTURAL ENGINEERING MAINTENANCE AND REPAIRS. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 09-492-2009

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that Resolution Number 09-423, adopted July 21, 2009, reallocating $18,367.39 from Capital Project #157-Buildings & Grounds allowance to General Fund 41370, be declared null and void and rescinded in its entirety.

The resolution was read by the City Clerk; whereupon Councilmember Richardson 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.

REALLOCATE $11,752.00 FROM GENERAL FUND TO CAPITAL PROJECT #1180-PARKS-LAKE DRIVE TRICENTENNIAL PARK IMPROVEMENTS. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 09-493-2009

Sponsored by: Mayor Jones and Councilmember Richardson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $11,752.00 be reallocated from General Fund account line item #100.004.41780 General Fund.City Council.Unclassified Expenses to Capital Project #1180 Parks-Lake Drive Tricentennial Park Improvements.

The resolution was read by the City Clerk; whereupon Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Hudson. Following comments by Councilmember Richardson, 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 SERVICE CONTRACT WITH KOSSEN EQUIPMENT, INC., FOR GENERATOR MAINTENANCE AND SERVICE, $18,367.39. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-494-2009

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. A copy of said contract is on file in the Office of the City Clerk.

Name of Company: Kossen Equipment, Inc.

Project Name: Service Contract-Generator Maintenance & Service

Project Number: SC-004-09

Amount: $18,367.39

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.

AUTHORIZE CONTRACT WITH DURBIN CONTRACTING COMPANY, INC., FOR UNIVERSITY BOULEVARD MEDIAN IMPROVEMENTS FOR ST. LUKE’S SCHOOL, $15,463.00. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 21-495-2009

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 with Durbin Contracting Company, Inc., in the amount of $15,463.00, for University Boulevard Median Improvements for St. Luke’s School, 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.

As per State Law the Public Works contract is less than $50,000.00 and public bidding is not required.

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 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 CONTRACT AMENDMENT WITH GOODWYN MILLS & CAWOOD, INC., FOR ENGINEERING FEES ON DRAINAGE STRUCTURE REPAIRS AT VARIOUS LOCATIONS (2006-202-08), ADD $6,981.66. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 21-496-2009

Sponsored by: Mayor Jones and Councilmembers Richardson, Johnson,
Williams, Gregory, and Copeland

WHEREAS, the City entered into a contract dated August 22, 2006, with Goodwyn Mills & Cawood, Inc., for engineering services on the project known as Drainage Structures Repairs at Various Locations, City of Mobile Project No. 2006-202-08; and

WHEREAS, at the time the contract was entered into, the estimated contract cost was $441,600.00 and fees for the engineering services, based on percentages of the estimated contract cost, were not to exceed $50,500.00; and

WHEREAS, the final project cost will total $519,931.00 resulting in engineering fees of approximately $67,481.66.

WHEREAS, engineering fees may be adjusted to properly compensate Goodwyn Mills & Cawood, Inc., in accordance with the CITY’s standard fee schedule and contract, as described in Section V, BASIS OF PAYMENT, of the contract.

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 $6,981.66, for a total of $67,481.66, to be paid to Goodwyn Mills & Cawood, Inc., for engineering services on the Drainage Structures Repairs at Various Locations, City of Mobile Project No. 2006-202-08.

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 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 SERVICE CONTRACT WITH PROCUT MANAGEMENT, INC., FOR LANDSCAPING AT MOBILE MUSEUM OF ART, $54,900.00 (THREE-YEAR TOTAL). The following resolution was introduced by Councilmember Gregory.

RESOLUTION 21-497-2009

Sponsored by: Mayor Jones and Councilmember Gregory

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: Procut Management, Inc.

Project Name: Service Contract-Mobile Museum of Art

Project Number: SC-096-09

Amount: $18,300.00 (1st Year Term)
$18,300.00 (2nd Year Term)
$18,300.00 (3rd Year Term)

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 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.

RECOMMEND APPROVAL TO ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (ON/OFF PREMISES ONLY) LICENSE FOR MOMMA GOLDBERG’S, 3696-B AIRPORT BOULEVARD (DISTRICT 5). The following resolution was introduced by Councilmember Gregory.

RESOLUTION 37-498-2009

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
(On/Off Premises Only)

Submitted by: CCHC, LLC

Location: Momma Goldberg’s
3696-B Airport Boulevard

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.

RECOMMEND APPROVAL TO ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR CHEYENNE’S PLACE, 100 CODY ROAD SOUTH (DISTRICT 7). The following resolution was introduced by Councilmember Gregory.

RESOLUTION 37-499-2009

Sponsored by: Councilmember Gregory

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

Type of Application: Restaurant Retail Liquor

Submitted by: Charles Derek Daughtry
(Sole Proprietor)

Location: Cheyenne’s Place
100 Cody Road South

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.

AUTHORIZE REMOVAL OF WEEDS, GROUP #1408. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-500-2009

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 23rd 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 23rd 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. 1408, 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.

AUTHORIZE REMOVAL OF WEEDS, GROUP #1409. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-501-2009

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 21 described in the resolution, adopted on the 23rd 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 21 as described in the resolution adopted on the 23rd 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. 1409, 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 JEANETTE M. HARRIS TO THE ROTATION LIST OF PRIVATE CONTRACTORS TO ABATE PROPERTIES DECLARED PUBLIC NUISANCES. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-502-2009

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 Jeanette M. Harris 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 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.

ADD PERSONAL TOUCH LAWN CARE TO THE ROTATION LIST OF PRIVATE CONTRACTORS TO ABATE PROPERTIES DECLARED PUBLIC NUISANCES. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-503-2009

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 Personal Touch Lawn Care 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 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.

ADD RUSSELLS ENTERPRISES TO THE ROTATION LIST OF PRIVATE CONTRACTORS TO ABATE PROPERTIES DECLARED PUBLIC NUISANCES. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-504-2009

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 Russells Enterprises 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 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 QUARTERLY CRYSTAL BALL AWARDS. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 60-505-2009

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor, upon the nomination by City supervisors through the City of Mobile’s Employee Recognition Program, recommends to the City Council that it authorize awards, pursuant to Section 11-40-22 Code of Alabama 1975, to the employees on the attached list.

These employees are to be commended for their exemplary work performance or innovations that significantly reduce costs or result in outstanding improvements in services to the public.

Terrel Beasley
Steve Carpenter
Harrel Cleveland, Jr.
Andy Duffy
Terry Dunn
Mark Eaton
Steve Elmore
Tim Hennis
Bobby Jackson
Leon Kim
Laura Koschalk
Leroy Lang
Hank Little
Reginald Pettway
Johnathan Scott
Adam Smith
Shawn Sullivan
Gregory Wallace
Jerry White
Dowin Williams
Sondra Blakely
Robert Carroll
Reginald Craig
Joseph Francia
Jeremiah Johnson, Jr.
Bennie Oliver
Allen Reed
Darren Roberson
Markcus Roberts
Ladarion Thomas
Michael Turner
Robert Vrocher
Richard Aikens
Steve Beck
Mike Bullard
Mike Ferrill
Steve Lester
Craig McManus
Donnie Thompson
John Barnett
Antonio Franks
Ronnie Griffith
Robert Jones
Leonard Kirksey
Charlie Lawson, Jr.
Jermaine Martin
Larry Moore
Roderick Moore
Alvin Porter
Cedric Smoots
Taurus Thompson
Wesley Trimble
James Turner Jr.
Jimmie Webster
John Windley
Corporal Victor Smith
Sergeant Eddie Carr
Officer Billie Dunn
Officer Richard Bettner
Officer Kimberly Turner
Officer Jason Martin
Officer Harry Milbrath
Officer Jacob Grissom
James E. Neese, Jr.
John R. Paine
Anne M. Foley
Matthue Pose
Cedric Singleton
Steve Lester
Cale Williams
Tyrone Holley
Arther Carter
Kyle Williams
Derrick Hill
Michael Bullard
Wesley Sanderson
Bobby Collins
Richard Bonner
Milton Larche, Jr.
Matt McCarthy
Christopher Cox
Janice Small
Paul "Eddie" Graham, Jr.
Byron Seals
Butch Ladner

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 Williams, and the vote was as follows:

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

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

AUTHORIZE CONTRACT AMENDMENT WITH BURK-KLEINPETER, INC., FOR HILLSDALE HEIGHTS-SIDEWALK CONSTRUCTION, ADD $3,300.00. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 21-506-2009

Sponsored by: Mayor Jones and Councilmember Gregory

WHEREAS, the City entered into a contract dated September 30, 2008, with Burk-Kleinpeter, Inc., for engineering services on the project known as Hillsdale Heights – Sidewalk Construction, Project No. 2008-202-08.

WHEREAS, the fees for the engineering services are based on a percentage of the total project cost, with the fee percentage for contracts between $100,000.00 and $250,00.00 being 7.8% for the design stage and 6.3% for the construction stage; and

WHEREAS, at the time the contract was entered into it was estimated that the contract cost would be $105,000.00, and engineering fees to Burk-Kleinpeter, Inc., based on that contract amount, would have been 7.8% for the design stage and 6.3% for the construction stage, resulting in estimated engineering fees of $19,000.00; and

WHEREAS, the final estimated project cost is $130,000.00 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, thereby increasing professional engineering fees by $3,300.00 to a total of $22,300.00; and

WHEREAS, the contract provides on Page 13 (IV, A1f) that the “Total fees for professional engineering services for this contract shall not exceed $19,000.00 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 $3,300.00, for a total of $22,300.00, to be paid to Burk-Kleinpeter, Inc., for engineering services on the Hillsdale Heights-Sidewalk Construction, Project Number 2008-202-08.

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 Williams, and the vote was as follows:

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

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

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF AN ALLEY BETWEEN CONCEPTION AND ST. EMANUEL STREETS (DISTRICT 2) (APPLICANTS: NORTHERN GULF, INC., AND ANGELA AND WILLIAM P. GREEN, JR.). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 41-507-2009

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 TO CONSIDER VACATION OF RIGHT OF WAY BY ABUTTING LANDOWNERS

Notice is hereby given that the Mobile City Council proposes to consider the adoption of a resolution assenting to the vacation of a portion of an alley between Conception and St. Emanuel Streets, more particularly described as follows:

Those portions of an unnamed right of way (the “Right-of-Way”) as are bordered and abutted by Tax Parcels R022910380006035 (“Parcel 35”), R02291038006033 (“Parcel 33”), R02291038006016 (“Parcel 16”), R02291038006015 (“Parcel 15”), and R02291038006014 (“Parcel 14”).

The adoption of such resolution will be considered by the Mobile City Council on the 8th day of September, 2009, at 10:30 a.m., in Mobile Government Plaza Auditorium, 205 Government Street. Any citizen alleging to be affected by the proposed vacation may submit a written objection or may speak at the public hearing.

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.

ANNOUNCEMENTS:

Council President Copeland reported that he and Councilmembers Hudson and Williams attended the ribbon-cutting ceremony at St. Luke’s Episcopal School last Sunday, August 9, 2009.

Councilmember Williams urged everyone to support the University of South Alabama’s inaugural football program this year by filling Ladd-Peebles Stadium.

Council President Copeland stated that the League of Women Voters will host a debate this evening at 6:00 p.m. for the candidates in this year’s City of Mobile Municipal Election. The debate will be in the auditorium of Government Plaza.

Councilmember Richardson noted that he is developing a strategic plan for District 1 and will present all of these issues at his community meeting at the Toulminville Library on Thursday, August 20, 2009.

Councilmember Hudson reminded everyone that Congressman Jo Bonner will hold a series of town hall meetings in the congressional district beginning Monday, August 17, 2009.

The Presiding Officer adjourned the meeting at 11:10 a.m.

Approved: September 1, 2009



_____________________________
COUNCIL PRESIDENT

_____________________________
CITY CLERK

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