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 22, 2009

MUNICIPAL BUILDING, MOBILE, ALABAMA, SEPTEMBER 22, 2009

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza, Tuesday, September 22, 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 13, 2009

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
ASSISTANT CITY CLERK


MUNICIPAL BUILDING, MOBILE, ALABAMA, SEPTEMBER 22, 2009

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza, Tuesday, September 22, 2009, at 10:30 a.m., in regular meeting.

The meeting was called to order by Assistant City Clerk, Mary Ann Merchant.

Interim Pastor Fred Wilson, Cypress Shores Baptist Church, offered the invocation.

The Presiding Officer led the Pledge of Allegiance.

A moment of silence was observed in memory of Andrea Lambert, the sister-in-law of City Clerk Lisa Lambert.

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 September 1 and September 8, 2009, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Jones introduced Dr. Roy Nichols and read a proclamation declaring September 26 through October 3, 2009, “National Dollarwise Campaign Week,” in the City of Mobile. This is a Mobile County Public School System financial education program sponsored by the U. S. Conference of Mayors.

Mayor Jones and the Mobile City Council recognized the accomplishments of the Mobile Police Department’s Chief of Police, Phillip Garrett, who will retire on September 30, 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 Assistant City Clerk, whereupon the Presiding Officer declared the agenda adopted.

APPEALS:

(1) The Council considered the request of Vinzetta Pettway, Planted Ministries, for a waiver of the Noise Ordinance at 1817 Wolf Ridge Road on September 26, 2009, from 9:00 a.m. until 7:00 p.m. (District 1).

There being no objections, Councilmember Richardson moved that the waiver be granted, 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 Assistant City Clerk, whereupon the Presiding Officer declared the waiver granted.

(2) The Council considered the request of Tamica Jenkins, 7145 Eighth Street, for a waiver of the Noise Ordinance on October 19, 2009, from 3:00 p.m. until 10:00 p.m. (District 7).

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

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

The vote was then announced by the Assistant 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 25, 2009, from 4:00 p.m. until 7:00 p.m., at 551 Tisdale Street (District 3).

There being no objections, Councilmember Richardson moved that the waiver be granted, 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 Assistant City Clerk, whereupon the Presiding Officer declared the waiver granted.

PUBLIC HEARINGS:

PUBLIC HEARING TO CONSIDER ADOPTION OF THE PROPOSED GENERAL FUND, CAPITAL IMPROVEMENTS, STRATEGIC PLAN, CONVENTION CENTER, AND CRUISE TERMINAL 2009-2010 BUDGETS. The Presiding Officer announced that today was the day for the public hearing to consider adoption of the proposed General Fund, Capital Improvements, Strategic Plan, Convention Center, and Cruise Terminal 2009-2010 budgets and asked if there was anyone present to speak for or against this matter.

H. James Chatman, 2709 Betbeze Street, and Thomas H. Figures, 6120 Palomino Drive N., addressed the Council requesting funding for the Gulf Coast Classic football game.

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

PUBLIC HEARING TO CONSIDER THE APPLICATION OF DEBRA LEA GROTH FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE A TAXICAB SERVICE. The Presiding Officer announced that today was the day for the public hearing to consider the application of Debra Lea Groth for a Certificate of Public Convenience and Necessity to operate a taxicab service and asked if there was anyone present to speak for or against this matter.

The applicant, Debra Lea Groth, appeared before the Council.

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

PUBLIC HEARING TO CONSIDER THE VACATION OF AN UNOPENED PORTION OF CHIN STREET (DISTRICT 2) (APPLICANT: MOBILE AND BIRMINGHAM RAILROAD COMPANY AND D. ROY PARKER, III). The Presiding Officer announced that today was the day for the public hearing to consider the vacation of an unopened portion of Chin Street and asked if there was anyone present to speak for or against this matter. No one appeared.

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

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

(A) NON-AGENDA ITEMS:

(1) Roderick Odom, 312 Stocking Street, addressed the Council with information about the “Revolution Church Swap” to bring churches from different backgrounds together to worship.

(2) Robert Burnett, Mobile Arts Council, informed the Council of an art competition for all 5th graders in the City of Mobile to design the City’s 2009 Christmas card.

(B) AGENDA ITEMS:

(1) Eddie Irby, Jr., 1115 Richard Road, asked the Council to consider giving the funds budgeted for the football games to the City of Mobile’s first responders.

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 01-595 through 31-620, 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 PARK IMPROVEMENT AND USE AGREEMENT WITH OWNERS IN MOUNT ISLAND PLACE FOR LANDSCAPING AND HARDSCAPING IMPROVEMENTS. The following resolution was introduced by Councilmember Copeland.

RESOLUTION 01-595-2009

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, the Park Improvement and Use 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 Assistant 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, and the vote was as follows:

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

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

ADOPT GENERAL FUND, CAPITAL IMPROVEMENTS FUND, CONVENTION CENTER, AND STRATEGIC PLAN FUND (EXCEPT BAYFEST) BUDGETS FOR FISCAL YEAR 2009-2010. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 09-596-2009

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the 2009-2010 budgets for the General Fund, Capital Improvements Fund, Convention Center, and Strategic Plan Fund (except for Bayfest) are hereby adopted.

The resolution was read by the Assistant City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson made a motion to consider the resolution, which motion was seconded by Councilmember Gregory; whereupon Councilmember Hudson offered the following two amendments:

(1) “Regarding the General Fund Budget, I move to amend that we reallocate $80,000.00 from City Hall Overhead to the Civic Center for additional maintenance.”

The motion to amend was seconded by Councilmember Williams, and following discussion by Councilmembers Hudson, Richardson, Williams, Copeland, and Mayor Jones and Chief of Staff Al Stokes, the vote was as follows:

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

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

(2) “The $200,000.00 listed under Economic Investments—Sporting Events in the Strategic Plan Fund – I would recommend to allocate $85,000.00 to the Center for Living Arts for the Saenger Theatre operations and $115,000.00 to the Mobile Arts and Sports Association for Senior Bowl expenses—contingent upon the Mobile Arts and Sports Association agreeing to a five-year contract with the Ladd-Peebles Stadium Board, with an optional five-year extension to that contract.”

The motion to amend was seconded by Councilmember Williams, and following discussion by Councilmembers Hudson, Richardson, Williams, Carroll, Copeland, and Gregory, and Chief of Staff Al Stokes, Councilmember Hudson offered a revision to her amendment to say:

“In addition to a five-year contract, submission of performance contract paperwork.”

The vote on the second amendment was as follows:

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

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

Whereupon, Councilmember Hudson made a motion to amend the resolution as follows:

(3) “to create the line item for the Azalea Trail Run performance contract removing $8,100.00 from the contingency reserve in the non-departmental budget,” which motion to amend 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 Assistant City Clerk, whereupon the Presiding Officer declared the third amendment adopted.

Following comments by Councilmembers Hudson, Richardson, and Williams, the Presiding Officer called for the vote on the original motion, as amended, and the vote was as follows:

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

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

NOTE: The Presiding Officer called for a recess at 12:34 p.m.

NOTE: The Presiding Officer reconvened the meeting at 12:43 p.m.

Councilmember Williams made a motion to reconsider Resolution 09-596-2009, as amended, which motion to reconsider was seconded by Councilmember Gregory. Following comments by Councilmembers Carroll, Hudson, Richardson, and Johnson, the vote to reconsider was as follows:

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

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

ADOPT GENERAL FUND, CAPITAL IMPROVEMENTS FUND, CONVENTION CENTER, AND STRATEGIC PLAN FUND (EXCEPT BAYFEST) BUDGETS FOR FISCAL YEAR 2009-2010. The following resolution, as amended, was moved for consideration by Councilmember Williams.

RESOLUTION 09-596-2009

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the 2009-2010 budgets for the General Fund, Capital Improvements Fund, Convention Center, and Strategic Plan Fund (except for Bayfest) are hereby adopted.

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

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

The vote was announced by the Assistant City Clerk, whereupon the President Officer declared the resolution denied.

ADOPT 2009-2010 BUDGET FOR BAYFEST IN THE STRATEGIC PLAN FUND. The following resolution was introduced by Councilmember Copeland.

RESOLUTION 09-597-2009

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the 2009-2010 budget for Bayfest in the Strategic Plan Fund is hereby adopted.

The resolution was read by the Assistant 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, and the vote was as follows:

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

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

ADOPT CRUISE TERMINAL BUDGET FOR FISCAL YEAR 2009-2010. The following resolution was introduced by Councilmember Copeland.

RESOLUTION 09-600-2009

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the budget for the Cruise Terminal for Fiscal Year 2009-2010 is hereby adopted.

The resolution was read by the Assistant 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, and the vote was as follows:

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

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

REALLOCATE $859.95 FROM CAPITAL PROJECT #1232 LAUN PARK IMPROVEMENTS-DISTRICT 4 TO CAPITAL PROJECT #1181 MAITRE PARK IMPROVEMENTS-DISTRICT 4. The following resolution was introduced by Councilmember Williams.

RESOLUTION 09-601-2009

Sponsored by: Mayor Jones and Councilmember Williams

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $859.95 be reallocated from Capital Project #1232 Parks – Laun Park Improvements – District 4 in the Capital Improvement Fund (Fund 551) to Capital Project #1181 Parks – Maitre Park Improvements – District 4.

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

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

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

REALLOCATE $890.29 FROM CAPITAL PROJECT #92 DISCRETIONARY PRIORITY PROJECTS-DISTRICT 4 TO CAPITAL PROJECT #1313 CYPRESS SHORES DREDGING PROJECT. The following resolution was introduced by Councilmember Williams.

RESOLUTION 09-602-2009

Sponsored by: Mayor Jones and Councilmember Williams

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $890.29 be reallocated from Capital Project #92 Discretionary Priority Projects – District 4 in the Capital Improvement Fund (Fund 551) to Capital Project #1313 Cypress Shores Dredging Project.

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

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

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

REALLOCATE $408.38 FROM COUNCIL GENERAL FUND DISCRETIONARY TO CAPITAL PROJECT #1313 CYPRESS SHORES DREDGING PROJECT. The following resolution was introduced by Councilmember Williams.

RESOLUTION 09-603-2009

Sponsored by: Mayor Jones and Councilmember Williams

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $408.38 be reallocated from General Fund account line item #100.004.41780 General Fund.City Council.Unclassified Expenses to Capital Project #1313 Cypress Shores Dredging Project.

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

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

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

AUTHORIZE CHANGE ORDER 2 WITH JOHN G. WALTON CONSTRUCTION CO., INC., FOR INDUSTRIAL ACCESS ROAD AT FORMER IP SITE, ADD $54,260.79. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 09-604-2009

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 change order, 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 change order and furnishing the required bonds and insurance. A copy of said executed change order will be on file in the Office of the City Clerk.

Name of Company: John G. Walton Construction Co., Inc.

Project Name: Industrial Access Road at former IP site

Estimated Cost: $54,260.79

The resolution was read by the Assistant 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CONTRACT WITH COMP MANAGEMENT ASSOCIATES, INC., TO ADMINISTER A ZERO ACCIDENT PROGRAM (ZAP), $48,000.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-605-2009

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 authorized to execute and attest, respectively, for and on behalf of the City of Mobile, a contract by and between the City of Mobile and Comp Management Associates, Inc., for the purposes of administering a Zero Accident Program (ZAP) for the City of Mobile as outlined in the professional services 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 Assistant 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CONTRACT WITH APEX CONSTRUCTION, LLC, FOR SIDEWALKS ALONG ST. STEPHENS ROAD NORTH OF THREE MILE CREEK, $87,662.45. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-606-2009

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, 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: Apex Construction, LLC

Project Name: Sidewalks along St. Stephens Road
North of Three Mile Creek

Estimated Cost: $87,662.45

The resolution was read by the Assistant 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CONTRACT WITH JACOBS ENGINEERING GROUP, INC., FOR ADDITIONAL LANES ON ZEIGLER BOULEVARD (FROM SCHILLINGER ROAD TO CODY ROAD), $50,931.00. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 21-607-2009

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, 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: Jacobs Engineering Group, Inc.

Project Name: Additional Lanes on Zeigler Boulevard
From Schillinger Road to Cody Road

Estimated Cost: $50,931.00

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

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

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

AUTHORIZE CONTRACT WITH COWLES, MURPHY, GLOVER & ASSOCIATES FOR ENGINEERING SERVICES FOR THE RENOVATION OF FIRE STATION #18, $13,785.00. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 21-608-2009

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

Amount: $13,785.00

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

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

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

AUTHORIZE CONTRACT WITH THE LATHAN COMPANY, INC., FOR FIRE STATION #23 – ROOF REPLACEMENT, $67,600.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-609-2009

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: The Lathan Company, Inc.

Project Name: Fire Station #23 – Roof Replacement

Amount: $67,600.00

The resolution was read by the Assistant 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution adopted.

APPROVE THE APPLICATION OF DEBRA LEA GROTH FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A TAXICAB SERVICE. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 37-610-2009

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, pursuant to the provisions of Ordinance #59-073, 2005, that the application of Debra Lea Groth for a Certificate of Public Convenience and Necessity for a taxi service is hereby approved. A copy of said application is on file in the office of the City Clerk.

The resolution was read by the Assistant 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 Assistant 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 J 5, 3211 SPRINGHILL AVENUE (DISTRICT 1). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 37-611-2009

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: Lounge Retail Liquor Class I

Submitted by: Vera Mae James
Sole Proprietor

Location: J 5
3211 Springhill Avenue

The resolution was read by the Assistant City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved to lay the resolution over for one (1) week to the regular meeting of Tuesday, September 29, 2009, which motion was seconded by Councilmember Copeland. Following comments to the applicant 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution laid over for one (1) week to the regular meeting of Tuesday, September 29, 2009.

NOTE: Councilmember Carroll excused himself as Councilmember at 1:00 p.m.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (ON/OFF PREMISES) LICENSE FOR ISLAND THYME EATS AND ARTS, 1500 GOVERNMENT STREET (DISTRICT 2). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 37-612-2009

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: Island Thyme Café, LLC

Location: Island Thyme Eats and Arts
1500 Government Street

The resolution was read by the Assistant 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, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the Assistant 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 LEON’S SPORTS BAR, 754 HOLCOMBE AVENUE (DISTRICT 5). The following resolution was introduced by Councilmember Copeland.

RESOLUTION 37-613-2009

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: Diann Wells Norwood
(Sole Proprietor)

Location: Leon’s Sports Bar
754 Holcombe Avenue

The resolution was read by the Assistant 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, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None

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

ASSENT TO THE VACATION OF AN UNOPENED PORTION OF CHIN STREET (DISTRICT 2) (APPLICANT: MOBILE AND BIRMINGHAM RAILROAD COMPANY AND D. ROY PARKER, III). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 47-614-2009

Sponsored by: Councilmember Carroll

WHEREAS, MOBILE AND BIRMINGHAM RAILROAD COMPANY and D. ROY PARKER, III, are the owners of all that real property abutting on each side of the following described unopened right-of-way known as that portion of Chin Street lying West of the right-of-way of the Mobile and Birmingham Railroad Company and East of Telegraph Road situate in the City of Mobile, County of Mobile, State of Alabama, and
WHEREAS, Owners have requested and petitioned that the Mayor of the City of Mobile and the Mobile City Council to assent to the vacation with regard to an unopened portion of Chin Street described below; and
WHEREAS, the Owners have executed a Declaration of Vacation and have requested the City of Mobile to adopt a Resolution assenting to the Vacation; and
WHEREAS, the Mayor and the City Council are of the opinion that the aforesaid unopened portion of Chin Street has never been utilized as a street right-of-way and is not needed as a street right-of-way in the City of Mobile, except as herein noted, and that its vacation will not deprive other property owners of such rights as they may have to the use and enjoyment of said street right-of-way, and no other property owner will be adversely affected because of the vacation of said right-of-way; and

WHEREAS, there are certain easements on or across the described land which should be reserved, retained or granted as provided in letters from public utilities, copies of which have been submitted by the Owners/Petitioners and reviewed by the Mayor and City Council, and which are EXCEPTED from the vacation.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Mobile, Alabama, that their respective assent shall be and hereby are given to said Owners to the vacation with regard to an unopened portion of Chin Street and closing thereof, 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 Chinn 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 Chinn 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.

BE IT FURTHER RESOLVED that their respective assents be, and the same hereby are given to vacate and annex any portion of any map or plat recorded in the records of the Office of the Judge of Probate of Mobile County, Alabama which shows the above-described right-of-way in accordance with the laws of the State of Alabama. The filing of this Resolution in the Probate Court of Mobile County, Alabama, shall divest all public rights and liabilities, including any rights with may have been acquired by prescription, in that part of the street, alley or highway vacated. Title and all public rights, including the right to close the street, alley or highway vacated shall vest in the abutting landowners, pursuant to Code of Alabama, 1975, §23-4-20 and 23-4-2

PROVIDED, HOWEVER, that the procedure of vacation shall be in strict compliance with the law, and are further SUBJECT TO the reservation and granting of all easements, if any, heretofore in existence for, or as required by, public utilities in, on or over the property vacated, and which said easements hereby reserved and/or granted, are specifically defined as follows:

1. An easement is accepted from this vacation and is reserved in favor of Mobile Gas Service Corporation to maintain existing facilities and to service the same which are located on said vacated service road.

2. A right and easement is accepted from this vacation and reserved in favor of the Mobile Area Water and Sewer System (the "System") its successors or assigns to construct, operate and maintain a sanitary sewer or water line under said vacated service road.

3. An easement is accepted from this vacation and is reserved in favor of Alabama Power Co., Inc., to continue to maintain, extend and enlarge its lines, equipment and facilities to the same extent as if the vacation had not occurred and all other rights, title and interests held by the Company with respect to the area to be vacated under any statute or other law or under any other conveyance or agreement, whether recorded or unrecorded, including without limitation all the rights and privileges necessary or convenient for the full enjoyment and use of its lines, equipment and facilities now or hereafter located within or adjacent to the area to be vacated; and the right of ingress and egress to and from said lines, equipment and facilities; and the right to cut and/or trim trees or limbs which, in the sole opinion of said Company, would interfere with said lines, equipment and facilities; and the right to prohibit use of the area vacated in a manner which violates the National Electric Safety Code.

PROVIDED, FURTHER, that the City Clerk of the City of Mobile, Alabama, is hereby authorized, empowered and directed to certify a true and correct copy of this Resolution and attach such certified copy to the written Declaration of the Vacation of the aforesaid service road right-of-way so that the Owners of the real property abutting said right-of-way may record such Declaration and certified copy of this Resolution in the Office of the Judge of Probate Court of Mobile, Alabama.

The resolution was read by the Assistant 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, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None

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

STATE OF ALABAMA )
COUNTY OF MOBILE )

I, Lisa C. Lambert, City Clerk of Mobile, Alabama, hereby certify that Resolution No. 47-614, 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

NOTE: Councilmember Hudson excused herself as Councilmember at 1:04 p.m.

AUTHORIZE REMOVAL OF WEEDS, GROUP #1413. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-615-2009

A RESOLUTION DETERMINING WHAT OBJECTIONS SHALL BE ALLOWED AND WHAT OBJECTIONS SHALL BE OVERRULED TO THE REMOVAL OF NOXIOUS OR DANGEROUS WEEDS ON OR IN FRONT OF CERTAIN PARCELS OF LAND.
WHEREAS, notice has been duly given and posted at least five days prior to the date of this resolution in the manner provided by law offering full opportunity to all interested parties to object to the removal of noxious or dangerous weeds on the hereinafter described parcels of land, and the City Council of Mobile having held such public hearing in connection with the notices given and no objections having been filed or made by any of the interested parties; and

WHEREAS, Parcels Nos.1 through 21 described in the resolution, adopted on the 4th day of August, 2009, have not been cleared of noxious and dangerous weeds and continue to be public nuisances.

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

SECTION 1. It is hereby ascertained and determined that the dangerous and noxious weeds growing on the hereinafter described parcels of real property are public nuisances, and it is hereby ordered and directed that the employees of the City of Mobile assigned to that work promptly remove the weeds on such parcels of property:

PARCELS OR PIECES OF PROPERTY ON WHICH NOXIOUS OR DANGEROUS WEEDS ARE TO BE REMOVED:

Parcels of real property located in the City of Mobile and more particularly described as Parcels Nos. 1 through 21 as described in the resolution adopted on the 4th day of August, 2009, and entitled: "A RESOLUTION DECLARING WEEDS GROWING UPON THE STREETS OR SIDEWALKS AND UPON PRIVATE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF MOBILE TO BE NOXIOUS OR DANGEROUS AND TO BE PUBLIC NUISANCES AND PROVIDING FOR THE ABATEMENT OF SUCH NUISANCES."

(Lot Cleaning Liens, Group No. 1413, on file in the Office of the City Clerk.)

SECTION 2. The employees of the City of Mobile assigned to the work required by this resolution are hereby expressly authorized to enter upon such described pieces of property for the purpose of removing the weeds authorized by this resolution to be removed. The owner of any of the above described pieces of property shall have the right to remove the weeds ordered by this resolution to be removed from this property, provided such removal is done prior to the arrival of the employees of the City of Mobile for that purpose; and in the event a property owner removes the weeds from his own property, no charge will be made by the City of Mobile against his property by reason of any action taken hereunder. An accurate account of the costs with respect to each piece of property shall be kept by the employees of the City of Mobile covering the costs of removing such weeds in front of or on each separate lot or parcel of land where the work is done by the City of Mobile or its employees, and promptly thereafter an itemized report in writing shall be made to the City Council showing such costs with respect to each separate lot or parcel of land, but before the report is submitted to the City Council a copy of the itemized costs with respect to each such lot or parcel of land shall be posted for at least three days prior to such report on the door of the Council Chamber at the City Hall of Mobile, Alabama, together with a notice of the time when the report will be submitted to the City Council for confirmation.

The resolution was read by the Assistant 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, Johnson, Williams, Gregory, Copeland
Nays: None

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

DECLARE WEEDS NOXIOUS, GROUP #1418. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-616-2009

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 #1418, 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 10th 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 Assistant 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, Johnson, Williams, Gregory, Copeland
Nays: None

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

AUTHORIZE CHANGE ORDER 2 WITH BEN M. RADCLIFF CONTRACTOR, INC., FOR THE ALABAMA CRUISE TERMINAL – DEMOLITION OF EXISTING GANGWAY, ADD $41,334.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 13-618-2009

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: Ben M. Radcliff Contractor, Inc.

Project Name: Alabama Cruise Terminal-Demolition of
Existing Gangway – Change Order No. 2

Project No. CT-107-08

Amount: $41,334.00

The resolution was read by the Assistant 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, Johnson, Williams, Gregory, Copeland
Nays: None

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

NOTE: Councilmembers Carroll and Hudson returned and took their seats as Councilmembers at 1:05 p.m.

AUTHORIZE CONTRACT WITH YOUNGBLOOD-BARRETT CONSTRUCTION AND ENGINEERING, LLC, FOR THE ALABAMA CRUISE TERMINAL – CONSTRUCTION EXPANSION TO CREW QUARTERS, $47,491.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-619-2009

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: Youngblood-Barrett Construction and
Engineering, LLC

Project Name: Alabama Cruise Terminal-Construct
Expansion to Crew Quarters

Project No. CT-123-09

Amount: $47,491.00
The resolution was read by the Assistant 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE THE MAYOR TO ACCEPT EDWARD BYRNE MEMORIAL JUSTICE GRANT (JAG) PROGRAM AWARD AS FISCAL AGENT FOR THE DISPARATE JURISDICTIONS OF MOBILE COUNTY, CITY OF MOBILE AND CITY OF PRICHARD AND PROVIDE REVIEW AND PUBLIC NOTIFICATION OF SPECIAL CONDITION 19 OF THE AWARD. The following resolution was introduced by Councilmember Copeland.

RESOLUTION 31-620-2009

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor is hereby authorized to accept from the U. S. Department of Justice, Office of Justice Programs’ Bureau of Justice Assistance, a grant pursuant to Resolution 31-403 which authorized filing of joint application for City of Mobile, Mobile County Commission, and City of Prichard for financial assistance in the amount of $227,944.00 under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2009 Local Solicitation. This award does not require a match. A Memorandum of Understanding that designates the City of Mobile as fiscal agent and redistributes allocations for City of Mobile, Mobile County Commission and the City of Prichard has been signed by authorized personnel at Mobile County Commission, City of Prichard, and City of Mobile. This action denotes governing body review in compliance with special condition #19 of the grant. Additionally, publication of the council agenda on the City’s website and/or Mobile Press Register establishes community notification.

The resolution was read by the Assistant 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution adopted.

NOTE: Councilmember Hudson stated her position concerning the impasse on the budget vote. “If we bring this back up, my position is—and what is paramount and of my concern—is if we get into a position and the administration comes back to this Council forcing us and with no other option than to add a tax or a fee to the citizens of this City (and to me that is unacceptable), I will not support that. Because, in my opinion this is not realistic. But, if some of these other Councilmembers intend to be punitive in their position regarding what me voting my conscience – if it takes me voting for this budget to get this thing passed and over with, but with the caveat – and I want everybody to understand this – that I will not support a tax increase if this administration presents it as we get into this budget year and these figures don’t pan out. I just want that understood by everybody up front. That is my major concern here.”

NOTE: Councilmember Carroll asked if that statement was acceptable to the administration.

NOTE: Al Stokes, Chief of Staff, answered that the budget presented to the Council was based upon sound judgment and revenue projections and was submitted with confidence that it can be managed by the City of Mobile. Mr. Stokes added that the administration could not state it would not ask for budget amendments pending possible environmental changes.

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO CONSIDER THE APPLICATION OF CHARLES A. BATES FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A TAXICAB SERVICE. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 41-617-2009

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 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR TAXI SERVICE

Notice is hereby given that the City Council of Mobile, Alabama, proposes to consider the granting of a Certificate of Public Convenience and Necessity to Charles A. Bates to operate a taxi service in the City of Mobile. The adoption of such Certificate will be considered by the City Council in the Auditorium of the Mobile Government Plaza located at 205 Government Street, Mobile, Alabama, on Wednesday, the 7th 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 proposed resolution.

The resolution was read by the Assistant 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution adopted.

CALL FOR PUBLIC HEARING TO CONSIDER PARK IMPROVEMENTS IN MOUNT ISLAND PLACE. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 41-621-2009

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 PUBLIC HEARING TO CONSIDER IMPROVEMENTS IN MOUNT ISLAND PLACE

Notice is hereby given that the City Council of Mobile, Alabama, proposes to consider park landscaping and hardscaping improvements in Mount Island Place at a public hearing to be held in the Auditorium of the Mobile Government Plaza located at 205 Government Street, Mobile, Alabama, on Tuesday, the 20th 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 proposed resolution.

The resolution was read by the Assistant 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution adopted.

NOTE: Councilmember Carroll made a motion to reconsider Resolution 09-596-2009, as amended, which motion to reconsider was seconded by Councilmember Richardson, and the vote to reconsider was as follows:

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

The vote was then announced by the Assistant City Clerk, whereupon the Presiding Officer declared the motion to reconsider Resolution 09-596-2009 adopted.

ADOPT GENERAL FUND, CAPITAL IMPROVEMENTS FUND, CONVENTION CENTER, AND STRATEGIC PLAN FUND (EXCEPT BAYFEST) BUDGETS FOR FISCAL YEAR 2009-2010. The following resolution, as amended, was moved for consideration by Councilmember Williams.

RESOLUTION 09-596-2009

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the 2009-2010 budgets for the General Fund, Capital Improvements Fund, Convention Center, and Strategic Plan Fund (except for Bayfest) are hereby adopted.

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

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

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

NOTE: Councilmember Williams made a motion to remove Resolutions 09-597-2009 and 09-600-2009 from the table and reconsider, which motion was seconded by Councilmember Gregory and the vote to reconsider was as follows:

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

The vote was then announced by the Assistant City Clerk, whereupon the Presiding Officer declared the motion to reconsider Resolutions 09-597-2009 and 09-600-2009 adopted.

ADOPT 2009-2010 BUDGET FOR BAYFEST IN THE STRATEGIC PLAN FUND. The following resolution was introduced by Councilmember Copeland.

RESOLUTION 09-597-2009

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the 2009-2010 budget for Bayfest in the Strategic Plan Fund is hereby adopted.

The resolution was read by the Assistant City Clerk; whereupon Councilmember Copeland 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution adopted.

ADOPT CRUISE TERMINAL BUDGET FOR FISCAL YEAR 2009-2010. The following resolution was introduced by Councilmember Copeland.

RESOLUTION 09-600-2009

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the budget for the Cruise Terminal for Fiscal Year 2009-2010 is hereby adopted.

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

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

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

ANNOUNCEMENTS:

Councilmember Gregory announced that the closure of Old Shell Road between Dickens Ferry and Foreman Roads has been extended until September 26, 2009, due to weather delays. Councilmember Gregory also noted that the resurfacing of Springhill Avenue has commenced with federal monies received through stimulus funding.

Councilmember Gregory stated she will meet with the Zimlich group on Thursday night. This is a new community action group in District 7

Councilmember Hudson wished Councilmember Williams a “Happy Birthday.”

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

Councilmember Williams reminded everyone that the University of South Alabama is playing football this weekend against Army Prep.

Councilmember Williams reported that Cellular South sponsors a program called “Game Plan” that is offered to high school student athletes to assist them in college preparation.

The Presiding Officer adjourned the meeting at 1:19 p.m.

Approved: October 13, 2009

_____________________________
COUNCIL PRESIDENT

_____________________________
ASSISTANT CITY CLERK

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