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 Sep 15, 2009

MUNICIPAL BUILDING, MOBILE, ALABAMA, SEPTEMBER 15, 2009

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza, Tuesday, September 15, 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: October 7, 2009

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK

MUNICIPAL BUILDING, MOBILE, ALABAMA, SEPTEMBER 15, 2009

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza, Tuesday, September 15, 2009, at 10:30 a.m., in regular meeting.

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

District 1 Councilmember Fredrick Richardson 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 August 26, 2009, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Jones presented a Certificate of Recognition to Officer Robbie Kelley “Officer of the Month” for August, 2009.

Mayor Jones displayed pictures of the cruise terminal’s new gangway which is scheduled to arrive in Mobile from Spain on September 27, 2009.

Dr. Roy Nichols, Superintendent of the Mobile County Public School System, gave a PowerPoint presentation on improving the high school graduation rate in Mobile County. The “Drop Back In Academy” is a graduation program offered by Alternatives Unlimited for students who have dropped out of school.

MONTHLY FINANCE REPORT:

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

“Monthly Financial Report, August 31, 2009

Revenues

Sales and use taxes are under budget for the year by approximately $10M. This is more than eight percent less than projected. Total revenues are close to $12M under budget with one month left in this fiscal year. Reductions in revenues have put the City cash flow levels at lower rates than we have seen in quite a few years. We have had to time our purchases and project construction to balance with the low cash position. Total revenues along with transfers from other funds are $12.8M under budget

Expenditures

All departmental costs are under budget by $3.6 M. Departmental personnel costs are over budget by $3M mostly due to reduced attrition. Total expenditures and transfers are under budget by nearly $10.5M.

We know now what we suspected for the last six months and that is that the economy is still months away from showing improvement. Each department is expected to manage their own budgets carefully and next year will be very difficult. Those departments are trying to control both overtime and attrition to help us offset the increased costs.

I know that you have looked at the proposed budget for 2009-2010 and have seen the leanest of it. Each department has squeezed as much as they can in both personnel costs and operations.”

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 Sam Winter for a waiver of the Noise Ordinance on October 10, 2009, on Westwood Street between Emogene and Dauphin Streets from 6:00 p.m. until 10:00 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.

(2) The Council considered the request of Patricia Lee for a waiver of the Noise Ordinance on September 19, 2009, from 1:00 p.m. until 7:00 p.m., at 1752 Duval Street (District 3).

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 Patricia Lee for a waiver of the Noise Ordinance on September 26, 2009, from 2:00 p.m. until 8:00 p.m., at 1550 Steward Avenue (District 3).

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 Patricia Lee for a waiver of the Noise Ordinance on October 3, 2009, from 9:00 a.m. until 4:00 p.m., at 500 Rickarby Street (District 3).

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 Daniel Haas, 209 Bellevue Circle, for a waiver of the Noise Ordinance on December 12, 2009, from 7:30 p.m. until 12:00 midnight (District 5).

There being no objections, Councilmember Richardson moved to consider the waiver request, which motion was seconded by Councilmember Williams; whereupon Councilmember Copeland moved that the waiver request be laid over for two (2) weeks to the regular meeting of Tuesday, September 29, 2009, 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 request laid over for two (2) weeks to the regular meeting of Tuesday, September 29, 2009.

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 RESOLUTIONS BEING INTRODUCED FOR FIRST TIME.

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Resolutions 01-568 through 21-594, 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 THIRD AMENDMENT TO THE SITE LOCATION AND DEVELOPMENT AGREEMENT WITH EADS NORTH AMERICA, INC. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 01-568-2009

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, amendment #3 to the site location and development agreement with EADS North America, Inc., to extend the time as outlined in the amendment 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.

AUTHORIZE SECOND AMENDMENT TO THE SITE LOCATION AND DEVELOPMENT AGREEMENT WITH NORTHROP GRUMMAN. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 01-569-2009

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, amendment #2 to the site location and development agreement with Northrop Grumman to extend the time as outlined in the amendment 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. Following comments by Councilmember Hudson, 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 $50,000.00 FROM CAPITAL PROJECT #7156 POLICE BUILDING – 200 GOVERNMENT STREET PURCHASE AND RENOVATION TO CAPITAL PROJECT POLICE BUILDING – 850 ST. ANTHONY STREET. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 09-570-2009

Sponsored by: Mayor Jones

WHEREAS, THE CITY COUNCIL OF THE CITY OF MOBILE adopted Ordinance Number 84-048 on July 24, 2008 authorizing the issuance of the Series 2008B General Obligation Refunding and Improvement Warrants; and including in its original list of Capital Improvements Police Building-200 Government-Purchase and Renovation; and

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

WHEREAS, the entire amount which was authorized to be financed in Police Building-200 Government-Purchase and Renovation is not needed at this time; and

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

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $50,000.00 from Capital Project #7156 Police Building-200 Government Street-Purchase and Renovation be reallocated to Police Building-850 St. Anthony 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.

REALLOCATE $50,000.00 FROM CAPITAL PROJECT #7157 SAGE AVENUE ARMORY RENOVATIONS TO CAPITAL PROJECT POLICE BUILDING-850 ST. ANTHONY STREET. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 09-571-2009

Sponsored by: Mayor Jones

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

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

WHEREAS, the entire amount which was authorized to be financed in Sage Avenue Armory Renovations is not needed at this time; and

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

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $50,000.00 from Capital Project #7157 Sage Avenue Armory Renovations be reallocated to Capital Project Police Building-850 St. Anthony 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.

REALLOCATE $18,123.73 FROM CAPITAL PROJECT #1267 PARKS-DEARBORN STREET COMMUNITY CENTER ROOF REPLACEMENT TO CAPITAL PROJECT #1282 PARKS-DEARBORN STREET COMMUNITY CENTER. The following resolution was introduced by Councilmember Hudson.

RESOLUTION 09-572-2009

Sponsored by: Mayor Jones

WHEREAS, THE CITY COUNCIL OF THE CITY OF MOBILE adopted Ordinance Number 84-036 on June 23, 1998 authorizing the issuance of the Series 1998 General Obligation Refunding and Capital Improvement Warrants; and including in its list of Capital Improvements Parks-Dearborn Street Community Center Roof Replacement; and

WHEREAS, Section 8.1 of the aforementioned Ordinance authorizes the City to supplement or revise the list of Capital Improvements to be paid from the proceeds of Warrants by resolution or ordinance; and

WHEREAS, the entire amount which was authorized to be financed in such Parks-Dearborn Street Community Center Roof Replacement is not needed at this time; and

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

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $18,123.73 from Capital Project #1267 Parks-Dearborn Street Community Center Roof Replacement be reallocated to Capital Project #1282 Parks-Dearborn Street Community Center-District 2.

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 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.

REALLOCATE $5,000.00 FROM COUNCIL GENERAL FUND DISCRETIONARY TO CAPITAL PROJECT – MEDAL OF HONOR PARK FOR A CONCERT PAVILION. The following resolution was introduced by Councilmember Hudson.

RESOLUTION 09-573-2009

Sponsored by: Mayor Jones and Councilmember Hudson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the sum of $5,000.00 be reallocated from General Fund account line item 100.004.41780 General Fund.City Council.Unclassified Expenses to Capital Project Parks-Medal of Honor Park for a Concert Pavilion.

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 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 BURK-KLEINPETER, INC., FOR STREET AND DRAINAGE IMPROVEMENTS IN THE TRINITY GARDENS AREA (CARVER AVENUE AND GLASS AVENUE FROM MAIN STREET TO JESSIE STREET AND THIRD AVENUE FROM OWENS TO JESSIE STREET), $83,400.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-574-2009

Sponsored by: Mayor Jones and Councilmember Richardson

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: Burk-Kleinpeter, Inc.

Project Name: Street and Drainage Improvements
in the Trinity Gardens Area

Estimated Cost: $83,400.00

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Williams. 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 CONTRACT WITH DOGWOOD PRODUCTIONS, INC., TO DESIGN AND CREATE A WEBSITE FOR THE AFRICAN AMERICAN HERITAGE TRAIL, $2,800.00. The following resolution was introduced by Councilmember Copeland.

RESOLUTION 21-575-2009

Sponsored by: Mayor Jones and Councilmember Carroll

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract with Dogwood Productions, Inc., in the amount of $2,800.00, to design and create a website for the African American Heritage Trail, 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.

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 Richardson. Following comments by Councilmember Copeland explaining that this work will be included in the next contract (21-576-2009), the vote was as follows:

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

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

AUTHORIZE CONTRACT WITH DOGWOOD PRODUCTIONS, INC., FOR PROFESSIONAL CONSULTING SERVICES FOR WEBMASTER, DESIGN AND MAINTENANCE OF THE CITY’S WEBSITE, $63,500.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-576-2009

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL 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 contract, by and between the City of Mobile and Dogwood Productions, Inc., for professional consulting services for webmaster, design and maintenance of the City’s website in the amount of $63,500.00, 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.

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 PROFESSIONAL SERVICES CONTRACT WITH SOURCE ONE LEGAL COPY, INC., FOR PHOTOCOPY AND REPRODUCTION SERVICES, $54,736.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-577-2009

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL 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 professional services contract, by and between the City of Mobile and Source One Legal Copy, Inc., for photocopy and reproductions services for the City of Mobile in the amount of $54,736.00, 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.

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

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

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

AUTHORIZE RENEWAL OF LEASE WITH MOFFAT SHOPPING CENTER LLC, FOR THE POLICE DEPARTMENT 4TH PRECINCT, 4712 MOFFETT ROAD, $4,162.50 PER MONTH. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 35-578-2009

Sponsored by: Mayor Jones and Councilmember Richardson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk are hereby authorized and directed to execute and attest, respectively, for and in the name and on behalf of the City of Mobile a Third Amendment to Lease between Moffat Shopping Center LLC and the City of Mobile, renewing for three years and ending September 30, 2012, for the Police Department 4th Precinct as outlined in the Third Amendment to Lease attached hereto and made a part hereof as though set forth in full.

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 THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR FOOD WORLD #334, 3170 DAUPHIN STREET (DISTRICT 1). The following resolution was introduced by Councilmember Williams.

RESOLUTION 37-579-2009

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: Southern Family Markets of
Dauphin Street LLC

Location: Food World #334
3170 Dauphin Street

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Williams moved its adoption, which motion was seconded by Councilmember Hudson. 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.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR FOOD WORLD #330, 2962 DAUPHIN ISLAND PARKWAY (DISTRICT 3). The following resolution was introduced by Councilmember Williams.

RESOLUTION 37-580-2009

Sponsored by: Councilmember Johnson

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: Southern Family Markets of
Dauphin Island Parkway LLC

Location: Food World #330
2962 Dauphin Island Parkway

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

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR FOOD WORLD #61, 4055 COTTAGE HILL ROAD (DISTRICT 4). The following resolution was introduced by Councilmember Williams.

RESOLUTION 37-581-2009

Sponsored by: Councilmember Williams

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


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

Submitted by: Southern Family Markets of
Cottage Hill Road LLC

Location: Food World #61
4055 Cottage Hill Road

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

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

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

NOTE: Councilmember Williams asked the Council President to allow speakers to address the Council in favor of, or in opposition to, Resolution 37-582-2009.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A LOUNGE RETAIL LIQUOR CLASS I LICENSE FOR FONNY’S LOUNGE, 5566 ANDREWS ROAD, BUILDING B AND C (DISTRICT 4). The following resolution was introduced by Councilmember Carroll.

RESOLUTION 37-582-2009

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: Lounge Retail Liquor Class I

Submitted by: Fonny’s Lounge LLC

Location: Fonny’s Lounge
5566 Andrews Road, Building B & C

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. Following comments by Sarah Abrams, owner of the Tiki Sole Tanning Salon, and Jillian Carlson, representative of Restoration Ministries, who were speaking in opposition to the license, and Fontella Washburn, the license applicant, 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 THE ABC BOARD FOR ISSUANCE OF A LOUNGE RETAIL LIQUOR CLASS I LICENSE FOR A & D SEAFOOD, 3871 AIRPORT BOULEVARD (DISTRICT 5). The following resolution was introduced by Councilmember Williams.

RESOLUTION 37-583-2009

Sponsored by: Councilmember Copeland

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

Type of Application: Lounge Retail Liquor Class I

Submitted by: Jiao Ying Wu

Location: A & D Seafood
3871 Airport 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 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 THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR FOOD WORLD #114, 2501 GOVERNMENT BOULEVARD (DISTRICT 5). The following resolution was introduced by Councilmember Williams.

RESOLUTION 37-584-2009

Sponsored by: Councilmember Copeland

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

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

Submitted by: Southern Family Markets of
Mobile Government Boulevard LLC

Location: Food World #114
2501 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 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 THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR BRUNO’S #310, 306 SOUTH UNIVERSITY BOULEVARD (DISTRICT 6). The following resolution was introduced by Councilmember Williams.

RESOLUTION 37-585-2009

Sponsored by: Councilmember Hudson

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: Southern Family Markets of
South University Boulevard LLC

Location: Bruno’s #310
306 South University 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 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 THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR BRUNO’S #323, 4350 OLD SHELL ROAD (DISTRICT 7). The following resolution was introduced by Councilmember Williams.

RESOLUTION 37-586-2009

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: Retail Beer/Table Wine
(Off Premises Only)

Submitted by: Southern Family Markets of
Old Shell Road LLC

Location: Bruno’s #323
4350 Old Shell Road

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

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

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

DECLARE WEEDS NOXIOUS, GROUP #1416. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-587-2009

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 #1416, 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 3rd day of November, 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.

DECLARE WEEDS NOXIOUS, GROUP #1417. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-588-2009

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 #1417, 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 3rd day of November, 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 #1406. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-589-2009

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 #1406, 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 #1408. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-590-2009

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 #1408, 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 AUGUST AWARDS THROUGH THE ZERO ACCIDENT PROGRAM (ZAP). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 60-591-2009

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.

August 2009 ZAP Award Winners

Brett Haldi
John Cowan
Mancy Demouy
Larry Harris
Lamundric Hart
Larry Johnson
Paul Sharp
Gabe Williams
John Hall
Art Carter, Jr.
Tim Wilkinson
Andrew Branch
Paul Dumas
Greg Garmon
Leon Kim
Laura Koschalk
David Ritchie
Johnathan Scott
Andrew Branch
Kellie Holmes
Jon Calhoun
Jackie Lucas
Margaret McNab
Brandy Wilson
Kasey Yamane
Diane Hall
Tommy Cowart
Corey Tillman
Cortez Curry
Morgan Turner
Leroy Kennell
Antonio Franks
Kenneth Thomas
Wayne Cunningham
Wallace Griffin
Melvin Watson
Tammy Paige
Tony Young
Talaine Dykes
Larry Stanton
Travesia Agee
Ernest Livingston
Cecil Wayne Young
Talley English
Joseph Alexander
Ernest Tolbert
David Williams
Timothy Pettway
Warren Lebeaux
Matthew Smith
Kelvin Pettaway
Demetrius Williams
Napoleon Wilkes
Reginald Lowe

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 D & D CONSTRUCTION, LLC, FOR TRAFFIC CALMING IMPROVEMENTS FOR VARIOUS LOCATIONS, $151,025.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-594-2009

Sponsored by: Mayor Jones and Mobile City Council

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 with D & D Construction, LLC, in the amount of $151,025.00, for traffic calming improvements for various locations throughout the City of Mobile, 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.

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.

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO CONSIDER AMENDING SECTION 64-9 OF THE MOBILE CITY CODE TO TEMPORARILY SUSPEND THE REQUIREMENT FOR THE SUBMISSION OF A PLOT PLAN WITH APPLICATIONS FOR REZONING OF PROPERTIES LOCATED WITHIN THE TILLMAN’S CORNER-THEODORE ANNEXATION AREA (DISTRICT 4) (APPLICANT: CITY OF MOBILE). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 41-592-2009

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 ON PROPOSED AMENDMENT TO THE ZONING ORDINANCE

Notice is hereby given that the City Council of Mobile proposes to consider the adoption of the attached amendment to the Ordinance adopted on the 16th day of May, 1967, and known as the "Zoning Ordinance." The adoption of such amendment will be considered by the City Council of Mobile in the Mobile Government Plaza Auditorium, 205 Government Street, Mobile, Alabama, on the 13th day of October, 2009, at 10:30 a.m. At such time and place all persons who desire shall have an opportunity to be heard in opposition to, or in favor of the amendment. Furthermore, the City Council, at this public hearing, may consider zoning classifications other than that sought by the applicant for this property.

This notice is published pursuant to a resolution of the City Council of Mobile adopted on the 15th day of September, 2009.

AN ORDINANCE TO AMEND SECTION 64-9 OF THE MOBILE CITY CODE

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: Existing paragraphs 3 – 6 to be renumbered accordingly.

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

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. Whereupon Councilmember Williams made a motion to amend the December 31, 2009 date in Section 3 to March 31, 2010, which motion was seconded by Councilmember Hudson. Following comments by Mayor Jones and Councilmembers, the vote to amend was as follows:

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

The vote was then announced by the City Clerk, whereupon the Presiding Officer called for the vote on the original resolution, as amended, and the voted 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, as amended.

NOTE: The following is the amended “Section 3” as adopted:

“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 March 31, 2010. 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 March 31, 2010. Applications for zoning ordinance amendments received after March 31, 2010, shall be subject to all requirements of the Ordinance.”

CALL FOR PUBLIC HEARING TO CONSIDER WHETHER THE DOWNTOWN MOBILE BUSINESS IMPROVEMENT DISTRICT SHOULD BE CONTINUED, MODIFIED, OR TERMINATED (DISTRICT 2). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 41-593-2009

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the City Clerk be, and she hereby is, instructed to post the attached Notice of public hearing to determine whether the Downtown Mobile Business Improvement District should be continued, modified, or terminated, in at least three (3) places within the geographic boundaries of the Downtown Mobile Business Improvement District, and to mail a copy of the attached Notice, along with any new district management plan, to each real property owner who paid assessments to the District during the previous year as certified by an officer of the district management corporation.

NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF MOBILE TO DETERMINE WHETHER THE DOWNTOWN MOBILE BUSINESS IMPROVEMENT DISTRICT SHOULD BE CONTINUED, MODIFIED, OR TERMINATED

Notice is hereby given that the City Council of the City of Mobile will hold a public hearing commencing at 10:30 a.m. on the 1st day of December, 2009, for the purpose of considering whether the Downtown Mobile Business Improvement District should be continued, modified, or terminated. The public hearing will be held by the City Council in the Mobile Government Plaza Auditorium, 205 Government Street, Mobile, Alabama.

The public hearing is being held pursuant to the requirements of Code of Alabama section 11-54B-58 and City Ordinance 50-039. At such time and place all persons who desire shall have an opportunity to be heard on the question of whether the District should be continued, modified, or terminated.

After such hearing, the City Council may vote to continue, modify, or terminate the District.

This notice is published pursuant to a Resolution of the City Council of the City of Mobile adopted on the 15th day of September, 2009.

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

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

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

ANNOUNCEMENTS:

Lisa Lambert, City Clerk, announced that the Finance Committee will meet today at 2:00 p.m. in the 9th Floor Council Conference Room.

Council President Copeland stated that he and Mayor Jones attended the groundbreaking ceremony for the Engineering and Computer Science Building at the University of South Alabama yesterday morning. The new building will be named Shelby Hall in honor of Alabama Senator Richard Shelby.

Councilmember Richardson announced he will hold his Beat 30 Trinity Gardens community meeting on Thursday, September 24, 2009, at the Dotch Community Center. The meeting will begin at 7:00 p.m.

Councilmember Richardson reported that a section of Spring Hill Avenue from Moffett Road to Interstate 65 is scheduled to be resurfaced next week.

Councilmember Gregory noted the second annual “Art on Holiday Walk” is set for this Saturday, September 19, 2009, from 10:00 a.m. until 5:00 p.m. at the Holiday Place in Spring Hill. Councilmember Gregory stated this is a benefit for Penelope House.

Councilmember Gregory announced that the Botanical Gardens is hosting its second annual “Blue Grass on the Gardens” this Saturday, September 19, 2009, from 2:00 p.m. until 8:00 p.m.

Councilmember Gregory said the fundraiser for the Tower Clock at the Village of Spring Hill was a huge success and that the clock is being installed today.

Councilmember Gregory noted that Old Shell Road from Dickens Ferry Road to Foreman Road will be closed for several days due to the Old Shell Road widening project.

Lisa Lambert, City Clerk, announced there will be a fund raiser for the American Heart Association this Friday, September 18, 2009, at 2:00 p.m. in the Government Plaza Atrium.

The Presiding Officer adjourned the meeting at 11:50 a.m.

Approved: October 7, 2009


_____________________________
COUNCIL PRESIDENT

_____________________________
CITY CLERK

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