CITY COUNCIL MEETINGS: Minutes and Agendas

 Subscribe to RSS Feed - Council Agendas

The City Council meets every Tuesday

9:00 a.m. - Pre Council Meeting in 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 26, 2009

MUNICIPAL BUILDING, MOBILE, ALABAMA, AUGUST 26, 2009

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza, Wednesday, August 26, 2009, at 9:00 a.m.

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

Absent: Carroll, Johnson

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

The Presiding Officer adjourned the meeting.

Approved: September 15, 2009

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK

MUNICIPAL BUILDING, MOBILE, ALABAMA, AUGUST 26, 2009

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza, Wednesday, August 26, 2009, at 10:30 a.m., in regular meeting.

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

Reverend Sanford Davis, Presiding Elder of Jefferson District AME Zion Church, offered the invocation.

The Presiding Officer led the Pledge of Allegiance.

A moment of silence was observed in memory of Donald Farnell and Larry McKinney.

Present on Roll Call:

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

Absent: None

NOTE: City Clerk Lisa Lambert offered her appreciation to everyone who assisted with yesterday’s Municipal Election.

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 28, 2009, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Jones congratulated Councilmembers on yesterday’s Municipal Election. Councilmembers Richardson, Hudson, and Carroll expressed their appreciation to the voters for re-electing them, and Councilmember Johnson stated he intends to work very hard so that he will be successful in the run-off election on October 6, 2009.

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 Mary Bell, 54 Williams Court, for a waiver of the Noise Ordinance on October 3, 2009, from 6:00 p.m. until 10:00 p.m., for a block party (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 Alice Dixon, 562 Helveston Street, for a waiver of the Noise Ordinance on September 5, 2009, from 3:00 p.m. until 10:00 p.m., for a block party (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.

(3) The Council considered the request of Delores S. Mauldin, 503 Wyoming Drive, West, for a waiver of the Noise Ordinance on September 6, 2009, from 4:00 p.m. until 11:00 p.m. (District 5).

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.

(4) The Council considered the request of Shirley Berry, 7116 Eleventh Street, for a waiver of the Noise Ordinance on September 6, 2009, from 4:00 p.m. until 10:00 p.m. (District 7).

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

Ayes: Richardson, Carroll, Johnson, 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 6562 OLD SHELL ROAD (NORTH SIDE OF OLD SHELL ROAD, 140’+ WEST OF DICKENS FERRY ROAD) FROM R-1 AND R-3 TO R-3 (DISTRICT 7) (APPLICANT: ASHBURY MANOR, INC.). The Presiding Officer announced that today was the day for the public hearing to rezone property located at 6562 Old Shell Road (north side of Old Shell Road, 140’+ west of Dickens Ferry Road) from R-1 and R-3 to R-3, 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.

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 55-038 and 64-039, 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:

ORDINANCE REGULATING THE SALE OF GOODS DURING BAYFEST 2009. The following ordinance was introduced by Councilmember Richardson.

ORDINANCE 55-038-2009

Sponsored by: Mayor Jones

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

SECTION ONE: The sale or offering for sale of any goods or personal property of any character upon public streets, alleys, or sidewalks within the area bounded on the South by Government Street, on the West by Jackson Street, on the North by Congress Street, and on the East by Water Street, by any person is hereby prohibited beginning at 5:00 p.m., Friday, October 2, 2009, through Midnight, Sunday, October 4, 2009, during the Bayfest sponsored by the City of Mobile, Alabama. Provided, however, that excepted from the prohibitions of this Ordinance will be any person or concessionaire, licensed by the City of Mobile, who shall be exempt from the provisions of this section to the extent any such person or concessionaire is authorized to offer for sale specified goods or services, and previously selected for placement on the Registration Roster of the Bayfest, or selected as a food vendor for the Bayfest.

SECTION TWO: The provisions of this Ordinance shall not be construed to limit, abridge or otherwise abrogate any other requirement established by any other ordinance concerning licenses or permits which may be required to be obtained before any such sale or offering for sale of any of the articles enumerated in Section One above may take place. Should the requirements of this Ordinance be more stringent than the requirements of any other ordinance which may relate to the sale or offering for sale of the goods enumerated in Section One above and within the area in which such sale or offering for sale is proscribed, then the provisions of this Ordinance shall prevail.

SECTION THREE: Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in an amount not to exceed $500.00 or imprisonment in the Metro Jail for a period not to exceed six (6) months, or both such fine and imprisonment. Each sale or offering for sale which occurs in violation of this Ordinance shall be deemed a separate offense.

The ordinance 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, Copeland
Nays: None
Abstentions: Gregory

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. 55-038, Series 2009, was published in the Mobile Record, a newspaper of general circulation in the City and County of Mobile, Alabama, on , 2009.

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


________________________
City Clerk

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

ORDINANCE 64-039-2009

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

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

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

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

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

The ordinance 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 ordinance adopted.

STATE OF ALABAMA )
COUNTY OF MOBILE )

I, Lisa C. Lambert, City Clerk of Mobile, Alabama, hereby certify that Ordinance No. 64-039, Series 2009, was published in the Mobile Record, a newspaper of general circulation in the City and County of Mobile, Alabama, on , 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 01-523 through 21-537, 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 SUBGRANTEE AGREEMENT WITH THE MOBILE HOUSING BOARD FOR THE ADMINISTRATION OF THE HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM (HPRP) FUNDS. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 01-523-2009

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 Subgrantee Agreement between the City of Mobile and the Mobile Housing Board for the administration of the Homelessness Prevention and Rapid Re-Housing Program (HPRP) funds in the amount of $1,186,394.00, 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; 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.

REAPPOINT VERNON COLEMAN TO THE BOARD OF ADJUSTMENT. The following resolution was introduced by Councilmember Copeland.

RESOLUTION 03-524-2009

Sponsored by: Councilmember Johnson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Vernon Coleman is re-appointed to the Board of Adjustment effective immediately for a term ending February 7, 2012.

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

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

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

REAPPOINT TIM MORRIS TO THE SOLID WASTE DISPOSAL AUTHORITY. The following resolution was introduced by Councilmember Copeland.

RESOLUTION 03-525-2009

Sponsored by: Councilmember Copeland

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Tim Morris is re-appointed to the Solid Waste Disposal Authority effective immediately for a term ending July 16, 2015.

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

Ayes: Richardson, Carroll, Johnson, 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 BROWNING BROTHERS FLOORING FOR SPRINGHILL RECREATION CENTER, $8,988.00. The following resolution was introduced by Councilmember Carroll.

RESOLUTION 21-526-2009

Sponsored by: Mayor Jones and Councilmember Carroll

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of said contract is on file in the Office of the City Clerk.

Name of Company: Browning Brothers Flooring

Project Name: Springhill Recreation Center – New Flooring

Project Number: PR-050-08

Amount: $8,988.00

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

Ayes: Richardson, Carroll, Johnson, 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 MCCRORY & WILLIAMS, INC., FOR HILLCREST TRACE DRAINAGE IMPROVEMENTS, $10,000.00. The following resolution was introduced by Councilmember Hudson.

RESOLUTION 21-527-2009

Sponsored by: Mayor Jones and Councilmember Hudson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as though set forth in full, subject to the company signing the contract and furnishing the required bonds and insurance. A copy of said executed contract will be on file in the Office of the City Clerk.

Name of Company: McCrory & Williams, Inc.

Project Name: Hillcrest Trace Drainage Improvements

Estimated Cost: $10,000.00

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

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

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

AUTHORIZE CONTRACT WITH COWLES, MURPHY, GLOVER & ASSOCIATES FOR FIRE STATION #18—MOISTURE/HUMIDITY PROBLEMS, $10,450.00. The following resolution was introduced by Councilmember Copeland.

RESOLUTION 21-528-2009

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: Cowles, Murphy, Glover & Associates

Project Name: Fire Station #18 – Moisture/Humidity Problem
Engineering Services related to the renovation
Of Fire Station #18

Project Number: FD-089-09

Amount: $10,450.00

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

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

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

GRANT PERMANENT GAS MAIN EASEMENT TO MOBILE GAS SERVICE CORPORATION FOR THE STANTON ROAD GAS MAIN REPLACEMENT PROJECT. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 25-529-2009

Sponsored by: Mayor Jones and Councilmember Richardson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Permanent Gas Main Easement to the Mobile Gas Service Corporation, for the Stanton Road Gas Main Replacement Project, Number ROW 2008-02923, as prepared by McCrory Williams, Inc. Copies of which are attached hereto and made a part hereof as though fully set forth herein, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS.

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.

RECOMMEND APPROVAL TO ABC BOARD FOR ISSUANCE OF A SPECIAL EVENTS RETAIL LICENSE FOR BAYFEST 2009 (DISTRICT 2). The following resolution was introduced by Councilmember Carroll.

RESOLUTION 37-530-2009

Sponsored by: Councilmember Carroll

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

Type of Application: Special Events Retail

Submitted by: Yarbrough Festival Food Service, Inc.

Location: Bayfest 2009
Downtown Mobile

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

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

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) LICENSE FOR DEMENTED NEEDLE, 205 DAUPHIN STREET (DISTRICT 2). The following resolution was introduced by Councilmember Carroll.

RESOLUTION 37-531-2009

Sponsored by: Councilmember Carroll

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

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

Submitted by: Demented Needle, LLC

Location: Demented Needle
205 Dauphin Street

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Carroll moved to lay over the resolution for two (2) weeks to the regular 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 resolution laid over for two (2) weeks to the regular meeting of Tuesday, September 8, 2009.

RECOMMEND APPROVAL TO ABC BOARD FOR ISSUANCE OF A CLUB LIQUOR CLASS II LICENSE FOR DV8, 4130-B GOVERNMENT BOULEVARD (DISTRICT 4). The following resolution was introduced by Councilmember Williams.

RESOLUTION 37-532-2009

Sponsored by: Councilmember Williams

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

Type of Application: Club Liquor Class II
(Club)

Submitted by: DV8, Inc.

Location: DV8
4130-B Government Boulevard

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

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

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

DECLARE WEEDS NOXIOUS, GROUP #1415. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-533-2009

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 #1415, 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 13th 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 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.

AUTHORIZE JULY AWARDS THROUGH THE ZERO ACCIDENT PROGRAM (ZAP). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 60-534-2009

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Council join together through the City of Mobile’s Zero Accident Program (ZAP) to authorize City supervisors to extend awards, pursuant to Section 11-40-22 Code of Alabama 1975, to the selected employees on the attached list who incurred no disqualifying events as outlined in the professional services contract with Comp Management Associates, Inc.

These employees are to be commended for serving as role models to their peers on safe work habits and work performance which contributes to reducing the City’s operational costs associated with worker’s compensation claims and damage to city assets.

July 2009 ZAP Award Winners

Henry Lee
Steve Beck
James Gardner
Andrew Koins
Stephen Lee
Stephen Marshall
Brian Oaks
Darryl Williams
Diana Pearson
Brett Haldi
Maurice Presley
Cleon Jones
Frank Carter
Emory Cooper
Donald Hawthorne
Jacque Holmes
Debra Smith
Johnathan Thomas
Kasey Yamane
Vernon King
Brenda Rowe
Earlie Houston, Jr.
Fificy Moton
Teressa Pugh
Willistean McAllister
Ronald Powers
Aubrey Lockett
Talley English
Orlando Weeks

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 WITH THE ADMINISTRATIVE DIRECTOR OF COURTS, JUDICIAL BRANCH, STATE OF ALABAMA, FOR COURT REFERRAL OFFICER SERVICES. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 21-535-2009

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 Contract between the Administrative Director of Courts, Judicial Branch, State of Alabama, and the City of Mobile to provide the services of court referral officers for all municipal, district, and circuit courts in Mobile County as described in the agreement. 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 Gregory moved its adoption, which motion was seconded by Councilmember Copeland, and the vote was as follows:

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

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

AUTHORIZE CONTRACT WITH S. J. & L., INC., FOR SOUTHERN DRAIN PHASE IV, $607,564.00. The following resolution was introduced by Councilmember Carroll.

RESOLUTION 21-537-2009

Sponsored by: Mayor Jones and Councilmember Johnson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as though set forth in full, subject to the company signing the contract and furnishing the required bonds and insurance. A copy of said executed contract will be on file in the Office of the City Clerk.

Name of Company: S. J. & L., Inc.

Project Name: Southern Drain Phase IV

Estimated Cost: $607,564.00

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Carroll moved its adoption, which motion was seconded by Councilmember Hudson. Following comments by Councilmember Carroll, 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 CHIN STREET (DISTRICT 2) (APPLICANTS: MOBILE & BIRMINGHAM RAILROAD COMPANY AND D. ROY PARKER, III). The following resolution was introduced by Councilmember Copeland.

RESOLUTION 41-536-2009

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 Chin Street, more particularly described as follows:

NORTH HALF

Commencing at the Northeast corner of Lot 1, Jones Addition to Telegraph Road, as recorded in Map Book 88, Page 25, Probate Court Records, Mobile County, Alabama, run North 16°-43'-27" West, along the West right-of-way line of the Southern Railroad (100 foot right-of-way), a distance of 20.29 feet to the Point of Beginning of the property herein described; thence continue North 16°-43'27" West, along said West right-of-way line, 20.29 feet; thence South 82°-46'-56" West, along the North right-of-way line of Chin Street as depicted on the plat of Mattie's Place, as recorded in Map Book 105, Page 4, said Probate Records, a distance of 120.00 feet; thence continuing along the North right-of-way line of Chin Street and along the South boundary of Mattie's Place, run North 17°-09'-11" West, 5.05 feet; South 82°-47'-26" West, 106.53 feet; thence South 28°-31'-43" East, 24.16 feet; thence North 82°-46'-56" East, 98.63 feet; thence South 07°-13'-04" West, 2.5 feet; thence North 82°-46'-26" West, 123.39 feet to the Point of Beginning.

SOUTH HALF

Beginning at the Northeast corner of Lot 1, Jones Addition to Telegraph Road, as recorded in Map Book 88, Page 25, Probate Court Records, Mobile County, Alabama, thence South 82°-46'-56" West, along the North line of said Lot 1, a distance of 216.59 feet; thence North 28°-31'-43" West, 24.16 feet; thence North 82°-46'-56" East, 98.63 feet; thence South 07°-13'-04" East, 2.5 feet; thence North 82°-46'-56" East, 123.39 feet; thence South 16°-43'-27" East, along the West right-of-way line of the Southern Railroad (100 foot right-of-way), a distance of 20.29 feet to the Point of Beginning.

The adoption of such resolution will be considered by the Mobile City Council on the 22nd 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 Copeland 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:

Councilmember Williams asked the administration to respond to his request for the status of several projects outlined in his letter to the Mayor.

Councilmember Williams noted that trash and garbage trucks are leaking hydraulic fluid or some other substance throughout his neighborhood and District 4. Councilmember Williams asked the administration to investigate ways to limit the amount of oil being spilled. Al Stokes, Chief of Staff, and John Bell, Executive Director of Public Services, responded to Councilmember Williams concerns.

Councilmember Hudson congratulated Pastor Jeff Spiller and the membership of Christ United Methodist Church on the observance of the 30th anniversary of the Church this Sunday, August 30, 2009.

Councilmember Hudson stated that Bob Haskins of Keep Mobile Beautiful has asked that any campaign signs to be disposed of be taken to the metro recycling center at 1451 Government Street.

Councilmember Hudson asked the administration for a projected date for the release of next year’s budget.

Councilmember Gregory reported the Alabama Department of Transportation will hold a meeting tomorrow night, August 27, 2009, to provide information about the Zeigler Boulevard widening project. The meeting will be at the Mobile Museum of Art from 5:00 p.m. until 7:00 p.m.

Councilmember Gregory told the residents of District 7 she is grateful for the opportunity to serve another four years.

The Presiding Officer adjourned the meeting at 11:04 a.m.

Approved: September 15, 2009


_____________________________
COUNCIL PRESIDENT

_____________________________
CITY CLERK

Search: