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 18, 2009

MUNICIPAL BUILDING, MOBILE, ALABAMA, AUGUST 18, 2009

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza, Tuesday, August 18, 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 8, 2009

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK

MUNICIPAL BUILDING, MOBILE, ALABAMA, AUGUST 18, 2009

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza, Tuesday, August 18, 2009, at 10:30 a.m., in regular meeting.

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

Pastor Reginald Reese, Maranatha Apostolic Church of Jesus Christ, 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 21, 2009, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Jones and Council President Copeland welcomed Maura Garino, President of the Hotel-Motel Association of Mobile, who introduced Frank “Penny” Edwards and Rayford King of the Real Cowboy Association.

Mr. Edwards announced the Real Cowboy Rodeo will return to Mobile on October 16 and 17, 2009, and he lightheartedly asked Mayor Jones to ride a bull in the rodeo.

MONTHLY FINANCE REPORT:

Barbara Malkove, Executive Director of Finance, gave the following report:

“General fund sales and use tax revenues are under budget by $9.2 M in the general fund. Total general fund revenues and transfers are under budget by $11.9M. Conditions have not improved from the previous months financial statements. If we do have deficits at year end, it will place an additional burden on next year’s budget as the balance is carried forward. This year’s budget brought forward as part of the revenues approximately $7M which may not get us through this fiscal year. It is highly doubtful that we will have any funds to carry forward into next year.

General fund budgeted expenditures are under budget by $11.5 M. At this point, ten months through the year, we will have a deficit. This will mean that we will go into the 2009-2010 year with a negative balance. It makes it very difficult to plan the budget which is due to you this week. Please keep this in mind when you review that document that will be available on the 20th.

The Comprehensive Annual Financial Report (CAFR) is available online for the September 30, 2008, year end. If you have any specific questions concerning the audited statements, please get in touch with the Mayor’s office. The notes to the financial statements are very important and provide a great deal of good information on the City’s financial condition. Total fund balances did drop in the general and capital funds by approximately $3M last year. The 2009 statements will show a much different picture because the fund balances will drop precipitously.”

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 appeal of Greg Dreaper of the denial of the Architectural Review Board to allow vinyl windows at 1562 Blair Avenue (District 2).

There being no objections, Councilmember Copeland stated that the appeal would be laid over for two (2) weeks to the regular meeting of Tuesday, September 1, 2009, due to the absence of the Architectural Review Board’s attorney, John Lawler.

(2) The Council considered the request of Rosa Pettaway, 2523-C St. Stephens Road, for a waiver of the Noise Ordinance on August 22, 2009, from 4:00 p.m. until 6:30 p.m. (District 1).

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

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

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

(3) The Council considered the request of Toneice Ware for a waiver of the Noise Ordinance on August 22, 2009, from 10:30 a.m. until 6:00 p.m. at Lake Drive Tricentennial Park, 602 Stanton Road (District 1).

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

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

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

(4) The Council considered the request of William McGinnis, 4513-D Old Shell Road, for a waiver of the Noise Ordinance on September 18, 2009 (from 6:00 p.m. until 9:00 p.m.) and on September 19, 2009 (from 10:00 a.m. until 5:00 p.m.) for a Penelope House benefit and art show (District 5).

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

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

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

(5) The Council considered the request of Jimmie and Latasha Martin, 751 Holcombe Avenue, for a waiver of the Noise Ordinance on August 23, 2009, from 2:00 p.m. until 5:00 p.m. (District 5).

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

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

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

PUBLIC HEARINGS:

PUBLIC HEARING TO REZONE PROPERTY LOCATED AT 558 DAVIDSON STREET (AREA GENERALLY EXTENDING FROM THE NORTH SIDE OF MARTIN LUTHER KING, JR. AVENUE EXTENDING BETWEEN MARMOTTE STREET AND MONDAY STREET, EXTENDING TO THE SOUTH SIDE OF CHINQUAPIN STREET) FROM R-3 TO R-2 (DISTRICT 2) (APPLICANT: MOBILE HOUSING BOARD). The Presiding Officer announced that today was the day for the public hearing to rezone property located at 558 Davidson Street (area generally extending from the north side of Martin Luther King, Jr. Avenue extending between Marmotte Street and Monday Street, extending to the south side of Chinquapin Street) from R-3 to R-2 and asked if there was anyone present to speak for or against this matter. No one appeared.

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

PUBLIC HEARING TO REZONE PROPERTY LOCATED AT 2334 DAUPHIN ISLAND PARKWAY (SOUTH SIDE OF DAUPHIN ISLAND PARKWAY, 70’+ EAST OF WILLOWDALE STREET) FROM B-2 TO R-1 (DISTRICT 4) (APPLICANT: PARKWAY LLC). The Presiding Officer announced that today was the day for the public hearing to rezone property located at 2334 Dauphin Island Parkway (south side of Dauphin Island Parkway, 70’+ east of Willowdale Street from B-2 to R-1 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 APPLICATION OF MODERN LIMOUSINE TO ADD ADDITIONAL VEHICLES TO ITS CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY GRANTED APRIL 18, 2006. The Presiding Officer announced that today was the day for the public hearing to consider the application of Modern Limousine to add additional vehicles to its Certificate of Public Convenience and Necessity 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 64-036 and 64-037, 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.

ORDINANCES BEING INTRODUCED:

REZONE PROPERTY LOCATED AT 558 DAVIDSON STREET (AREA GENERALLY EXTENDING FROM THE NORTH SIDE OF MARTIN LUTHER KING, JR. AVENUE EXTENDING BETWEEN MARMOTTE STREET AND MONDAY STREET, EXTENDING TO THE SOUTH SIDE OF CHINQUAPIN STREET) FROM R-3 TO R-2 (DISTRICT 2) (APPLICANT: MOBILE HOUSING BOARD). The following ordinance was introduced by Councilmember Richardson.

ORDINANCE 64-036-2009

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

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

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

ALL OF BLOCKS 5 & 6, DELMAS TRACT (DB 8, PG 1) TOGETHER WITH LOTS 1, 2, 3 & 6, OF THE RESUBDIVISION OF BLOCK 7, KREBS AND DELMAS TRACT (MB 4, PG 191)

LOTS 5, 7, 8 AND 9 OF THE RESUBDIVISION OF BLOCK 7 KREBS AND DELMAS TRACT (MB 4, PG 191)

LOTS 41 THRU 53, HOPE VI, PHASE IV, UNIT 1, REVISED (MB 121, PG 122), TOGETHER WITH A PORTION OF LOT 1, BLOCK 58D, WATER STREET AREA URBAN RENEWAL PROJECT ALABAMA R-34 SUBDIVISION, FIRST UNIT (MB 18 PG 68)

LOT 1, BLOCK 59D, WATER STREET AREA URBAN RENEWAL PROJECT ALABAMA R-34 SUBDIVISION, FIRST UNIT (MB 18, PG 68) TOGETHER WITH LOT 21, BLOCK 44 FISHER TRACT (DB 22, PG 332), ALSO TOGETHER WITH LOTS 1 THRU 5, TORRENCE PLACE (DB 81, PG 498)

LOTS 6 THRU 10, TORRENCE PLACE (DB 81, PG 498) TOGETHER WITH LOT 23, BLOCK 44, FISHER TRACT (DB 22, PG 332)

TOGETHER WITH THE FOLLOWING PORTION OF VACATED ROAD RIGHT-OF-WAY:

ALL THAT PORTION OF MANASSAS STREET (50’ R/W) BOUND ON THE EAST BY THE NORTHWARD PROJECT OF THE EAST LINE OF LOT 1, BLOCK 58D, WATER STREET AREA URBAN RENEWAL PROJECT, FIRST UNIT (MB 18, PG 68) AND BEING BOUND ON THE WEST BY THE NORTHWARD PROJECTION OF THE WEST LINE OF SAID LOT 1 BLOCK 58D.

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

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

The ordinance was read by the City Clerk; whereupon 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 ordinance adopted.

STATE OF ALABAMA )
COUNTY OF MOBILE )

I, Lisa C. Lambert, City Clerk of Mobile, Alabama, hereby certify that Ordinance No. 64-036, Series 2009, was published in the Mobile Record, a newspaper of general circulation in the City and County of Mobile, Alabama, on August 26, 2009.

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


________________________
City Clerk

REZONE PROPERTY LOCATED AT 2334 DAUPHIN ISLAND PARKWAY (SOUTH SIDE OF DAUPHIN ISLAND PARKWAY, 70’+ EAST OF WILLOWDALE STREET) FROM B-2 TO R-1 (DISTRICT 4) (APPLICANT: PARKWAY LLC). The following ordinance was introduced by Councilmember Williams.

ORDINANCE 64-037-2009

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

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

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

COMMENCING AT THE NORTHWEST CORNER OF LOT 1 SCHULZ COMMERCIAL SUBDIVISION AS RECORDED IN MAP BOOK 100 PAGE 79 PROBATE COURT RECORDS MOBILE COUNTY, ALABAMA, THENCE SOUTH 09°-59’-10” WEST 223.07 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE CONTINUE SOUTH 09°-59”10” WEST 99.00 FEET TO THE SOUTHWEST CORNER OF LOT 1; THENCE SOUTH 58°-39’-19” EAST ALONG THE SOUTH LINE OF SCHULZ COMMERCIAL SUBDIVISION 175.51 FEET TO A POINT ON THE WEST LINE OF OSPREY LANE; THENCE NORTH 09°-59’-04” EAST ALONG THE WEST LINE OF OSPREY LANE 162.88 FEET; THENCE NORTH 80°-00’-56” WEST 163.47 FEET THE POINT OF BEGINNING.

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

The ordinance was read by the City Clerk; whereupon Councilmember Williams 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 ordinance adopted.

STATE OF ALABAMA )
COUNTY OF MOBILE )

I, Lisa C. Lambert, City Clerk of Mobile, Alabama, hereby certify that Ordinance No. 64-037, Series 2009, was published in the Mobile Record, a newspaper of general circulation in the City and County of Mobile, Alabama, on August 26, 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 03-508 through 60-522, 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:

REAPPOINT JOHN THOMPSON TO THE LADD-PEEBLES MEMORIAL STADIUM PUBLIC PARK & RECREATION BOARD. The following resolution was introduced by Councilmember Williams.

RESOLUTION 03-508-2009

Sponsored by: Councilmember Williams

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that John Thompson is re-appointed to the Ladd-Peebles Memorial Stadium Public Park & Recreation Board for a term beginning August 23, 2009, and ending August 22, 2015.

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

REAPPOINT PETE REHM TO THE SOLID WASTE DISPOSAL AUTHORITY. The following resolution was introduced by Councilmember Williams.

RESOLUTION 03-509-2009

Sponsored by: Councilmember Williams

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Pete Rehm is re-appointed to the Solid Waste Disposal Authority effective immediately for a term ending July 15, 2015.

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

REALLOCATE $15,000.00 FROM GENERAL FUND TO CAPITAL PROJECT #448 TRAFFIC ENGINEERING-STREET TRAFFIC IMPROVEMENTS. The following resolution was introduced by Councilmember Hudson.

RESOLUTION 09-510-2009

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $15,000.00 be reallocated from General Fund account line item #100.003.41780 General Fund.City Council.Unclassified Expenses to Capital Project #448 Traffic Engineering-Street Traffic Improvements.

The resolution was read by the City Clerk; whereupon Councilmember Hudson moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

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

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

REALLOCATE $5,000.00 FROM CAPITAL PROJECT #1203—MISCELLANEOUS CAPITAL IMPROVEMENTS—DISTRICT 6 TO CAPITAL PROJECT #448—TRAFFIC ENGINEERING—STREET TRAFFIC IMPROVEMENTS. The following resolution was introduced by Councilmember Hudson.

RESOLUTION 09-511-2009

Sponsored by: Mayor Jones, Councilmember Hudson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $5,000.00 be reallocated from Capital Project #1203 Miscellaneous Capital Improvements-District 6 in the Capital Improvement Fund 551 to Capital Project #448 Traffic Engineering-Street Traffic Improvements.

The resolution was read by the City Clerk; whereupon Councilmember Hudson moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

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

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

REALLOCATE $11,559.00 FROM GENERAL FUND TO CAPITAL PROJECT #157-BUILDINGS & GROUNDS ALLOWANCE. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 09-512-2009

Sponsored by: Mayor Jones and Councilmember Gregory

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $11,559.00 be reallocated from General Fund account line item #100.003.41780 General Fund.City Council.Unclassified Expenses to Capital Project #157 Buildings & Grounds Allowance.

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 Gregory, the vote was as follows:

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

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

REALLOCATE $3,000.00 FROM CAPITAL PROJECT #1179 PARKS—LANGAN VARIOUS IMPROVEMENTS—DISTRICT 7 TO CAPITAL PROJECT #157 BUILDINGS & GROUNDS ALLOWANCE. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 09-513-2009

Sponsored by: Mayor Jones and Councilmember Gregory

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $3,000.00 be reallocated from Capital Project #1179 Parks-Langan Various Improvements-District 7 in the Capital Improvement Fund (Fund 551) to Capital Project #157 Buildings & Grounds Allowance.

The resolution was read by the City Clerk; whereupon 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.

REALLOCATE $4,800.00 FROM GENERAL FUND TO CAPITAL PROJECT #157 BUILDINGS & GROUNDS ALLOWANCE. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 09-514-2009

Sponsored by: Mayor Jones and Councilmember Gregory

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $4,800.00 be reallocated from General Fund account line item #100.004,41780 General Fund.City Council.Unclassified Expenses to Capital Project #157 Buildings & Grounds Allowance.

The resolution was read by the City Clerk; whereupon Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Hudson, and the vote was as follows:

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

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

APPROVE APPLICATION OF MODERN LIMOUSINE TO ADD ADDITIONAL VEHICLES TO ITS CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. The following resolution was introduced by Councilmember Hudson.

RESOLUTION 37-515-2009

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, pursuant to the provisions of Section 59-29 of the Mobile City Code that the application of Modern Limousine to add additional vehicles to its Certificate of Public Convenience and Necessity is hereby approved. A copy of said application is on file in the office of the City Clerk.

The resolution was read by the City Clerk; whereupon Councilmember Hudson moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

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

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

RECOMMEND APPROVAL TO ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR SPEARS PLACE, 899 MOBILE STREET (DISTRICT 1). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 37-516-2009

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: Earline Williams (Sole Proprietor)

Location: Spears Place
899 Mobile 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 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.

RECOMMEND APPROVAL TO ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR PARTY GRA BAR AND GRILL, 2206 GOVERNMENT STREET (DISTRICT 5). The following resolution was introduced by Councilmember Copeland.

RESOLUTION 37-517-2009

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: Restaurant Retail Liquor

Submitted by: Roc Roc, LLC

Location: Party Gra Bar & Grill
2206 Government Street

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 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.

DECLARE WEEDS NOXIOUS, GROUP #1414. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-518-2009

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 #1414, 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 6th day of October, 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, Williams, Hudson, Gregory, Copeland
Nays: None

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

ASSESS COST FOR REMOVAL OF WEEDS, GROUP #1403. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-519-2009

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

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

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

Section 1. The amount set opposite each described parcel of real property contained in exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part hereof as though set forth in full and known as Group #1403, shall constitute special assessments against such respective parcels of land; and each such parcel of land is hereby assessed with the amount set opposite its description; and the assessment hereby made and confirmed shall constitute a lien on and against each such respective parcel of land for the amount of each respective assessment so made; and the report made to this body of the costs of removing the noxious or dangerous weeds on or in front of the respective parcels of land is hereby in all respects confirmed.

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

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

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

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

ASSESS COST FOR REMOVAL OF WEEDS, GROUP #1403-2. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-520-2009

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

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

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

Section 1. The amount set opposite each described parcel of real property contained in exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part hereof as though set forth in full and known as Group #1403-2, shall constitute special assessments against such respective parcels of land; and each such parcel of land is hereby assessed with the amount set opposite its description; and the assessment hereby made and confirmed shall constitute a lien on and against each such respective parcel of land for the amount of each respective assessment so made; and the report made to this body of the costs of removing the noxious or dangerous weeds on or in front of the respective parcels of land is hereby in all respects confirmed.

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

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

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

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

ASSESS COST FOR REMOVAL OF WEEDS, GROUP #1405. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-521-2009

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

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

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

Section 1. The amount set opposite each described parcel of real property contained in exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part hereof as though set forth in full and known as Group #1405, shall constitute special assessments against such respective parcels of land; and each such parcel of land is hereby assessed with the amount set opposite its description; and the assessment hereby made and confirmed shall constitute a lien on and against each such respective parcel of land for the amount of each respective assessment so made; and the report made to this body of the costs of removing the noxious or dangerous weeds on or in front of the respective parcels of land is hereby in all respects confirmed.

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

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

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

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

AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH LADD PEEBLES STADIUM PUBLIC PARK & RECREATION BOARD AND THE UNIVERSITY OF SOUTH ALABAMA TO PROVIDE FOR USE OF LADD STADIUM FOR THE USA FOOTBALL PROGRAM. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 60-522-2009

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 Memorandum of Understanding between the City of Mobile, Parks & Recreation Board of the City of Mobile (Ladd Peebles Stadium), and University of South Alabama for the use of Ladd Peebles Stadium for the University of South Alabama football program as described in the agreement. Said Memorandum of Understanding is attached hereto and made a part hereof as though set forth in full. A copy of said agreement is on file in the office of the City Clerk.

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

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

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

ANNOUNCEMENTS:

Lisa Lambert, City Clerk, announced that next week’s Council meeting will be held on Wednesday, August 26, 2009, due to the Municipal Election on Tuesday, August 25, 2009.

Councilmember Gregory reported that the Alverson Road section of the Old Shell Road widening project will be closed beginning Monday, August 24, 2009, through Friday, October 2, 2009. Councilmember Gregory also noted there will be a one-day road closure on Old Shell Road at the Dickens Ferry Road intersection on Saturday, August 22, 2009.

Councilmember Gregory stated the Alabama Department of Transportation has scheduled a meeting for Thursday, August 27, 2009, at the Mobile Museum of Art to discuss the Zeigler Boulevard widening project.

Councilmember Hudson said the speed limit on the south end of Hillcrest Road will reflect the 45 mile-per-hour speed limit as of August 28, 2009, when the City takes possession of the road.

Councilmember Hudson reported there was a tremendous turnout at Congressman Jo Bonner’s town hall meeting yesterday (August 17, 2009) at the Mobile Regional Senior Community Center on Hillcrest Road.

Councilmember Hudson noted that yesterday was the official grand opening of Café 3201 at the Mobile Regional Senior Community Center.

Councilmember Hudson announced that she will be at the Somerby Retirement Community tomorrow morning, August 19, 2009, for the Somerby Masterpiece Living Launch Day.

Councilmember Richardson said he will hold his Beat 33 and 34 Toulminville Community meeting at the Toulminville Library on Thursday, August 20, 2009, beginning at 7:00 p.m.

Due to the publicity of a recent arrest reported in the media, Councilmember Richardson reminded citizens that all public businesses in Mobile are required to provide a public restroom.

Councilmember Richardson encouraged everyone to vote next Tuesday, August 25, 2009, in the City’s Election.

Council President Copeland noted that the Mayor and Districts 4, 5, and 7 will not have an election because these offices were unopposed.

Councilmember Johnson announced that Fire Station #20 on Dauphin Island Parkway will be closed for approximately four months for renovations. He noted that personnel at the fire station will be reassigned during this period and that adequate fire protection will be provided by nearby fire stations.

Councilmember Johnson congratulated Councilmember Richardson for being recognized by the Downtown Alliance as Citizen of the Year for his New Year’s Eve Moon Pie event.

Councilmember Carroll encouraged everyone to attend this Saturday’s (August 22, 2009) unveiling of the statue at Unity Point. Unity Point is located at the intersection of Broad Street and Springhill Avenue.

Council President Copeland commended the Llanfair-Yester Oaks Beautification Committee for the beautification of all of the entrances into Llanfair and Yester Oaks.

Mayor Jones thanked and commended Mr. Howard Bronson and his wife, Dorothy, for their contributions to Mobile upon Mr. Bronson’s retirement as Publisher of the Mobile Press Register.

Mayor Jones also welcomed Mr. Ricky Matthews and his family to Mobile. Mr. Matthews is the new Publisher and President of the Mobile Press Register.

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

Approved: September 8, 2009



_____________________________
COUNCIL PRESIDENT

_____________________________
CITY CLERK

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