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 29, 2009

MUNICIPAL BUILDING, MOBILE, ALABAMA, SEPTEMBER 29, 2009

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza, Tuesday, September 29, 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 27, 2009

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK

MUNICIPAL BUILDING, MOBILE, ALABAMA, SEPTEMBER 29, 2009

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza, Tuesday, September 29, 2009, at 10:30 a.m., in regular meeting.

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

The Most Reverend Thomas J. Rodi, Archbishop of Mobile, 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:

None

COMMUNICATIONS FROM THE MAYOR:

Council President Copeland and Chief of Staff Al Stokes noted that Mayor Jones is in Little Rock, Arkansas, undergoing additional medical treatments.

ADOPTION OF THE AGENDA:

Councilmember Hudson moved for the adoption of the agenda, 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 agenda adopted.

APPEALS:

(1) The Council considered the request of Tremicia Graham-McAlpine, Center for Health Education & Wellness, 2017 Sandalwood Drive, for a waiver of the Noise Ordinance on October 18, 2009, from 5:00 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 Hudson, and the vote was as follows:

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

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

(2) The Council considered the request of Charlotte Hall, 159 Levert Avenue, for a waiver of the Noise Ordinance on December 19, 2009, 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 Hudson, and the vote was as follows:

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

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

(3) The Council considered the request of Pebblin Warren for a Waiver of the Noise Ordinance on October 3, 2009, from 5:30 p.m. until 10:30 p.m., at the Bragg-Mitchell Mansion, 1906 Springhill Avenue (District 1).

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

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

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

(4) The Council considered the request of Kendra Webb for a Waiver of the Noise Ordinance on July 24, 2010, from 2:00 p.m. until 11:00 p.m., at the Bragg-Mitchell Mansion, 1906 Springhill Avenue (District 1).

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

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

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

(5) The Council considered the request of Diane McCaskey for a Waiver of the Noise Ordinance on October 30, 2009, from 6:00 p.m. until 10:30 p.m., at the Alabama School of Math and Science, 1255 Dauphin Street, for Cardboard City (District 2).

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

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

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

(6) The Council considered the request of Toni Edlund, 5484 White Pine Court, for a Waiver of the Noise Ordinance on October 31, 2009, from 4:00 p.m. until 11:00 p.m. (District 4).

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

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

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

(7) 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) (held over from the meeting of September 15, 2009).

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

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

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

(8) The Council considered the request of Robert and Leslie Calin, 3165 Newcastle Drive, for a Waiver of the Noise Ordinance on October 31, 2009, from 8:00 p.m. until 12:00 midnight (District 6).

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

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

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

(9) The Council considered the request of Patricia Lee for a Waiver of the Noise Ordinance on October 2, 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 Hudson, and the vote was as follows:

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

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

PUBLIC HEARINGS:

PUBLIC HEARING TO REZONE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF GRANT STREET AND AIRPORT BOULEVARD FROM R-1 TO B-1 (DISTRICT 5) (APPLICANT: JOSEPH PAYNE). The Presiding Officer announced that today was the day for the public hearing to rezone property located at the southeast corner of Grant Street and Airport Boulevard from R-1 to B-1 and asked if there was anyone present to speak for or against this matter. No one appeared.

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

PUBLIC HEARING TO REZONE PROPERTY LOCATED ON THE EAST SIDE OF WESLEY AVENUE, 400’+ SOUTH OF AIRPORT BOULEVARD, EXTENDING TO THE WEST SIDE OF HENCKLEY AVENUE, FROM R-1 TO R-2 (DISTRICT 6) (APPLICANT: B. C. DANIELS, INC.). The Presiding Officer announced that today was the day for the public hearing to rezone property located on the east side of Wesley Avenue, 400’+ south of Airport Boulevard, extending to the west side of Henckley Avenue from R-1 to R-2 and asked if there was anyone present to speak for or against this matter.

Doug Anderson, the attorney for the applicant, B. C. Daniels, presented information to the Council to support his client’s rezoning request.

Councilmembers Williams and Hudson responded to Mr. Anderson’s remarks. Councilmember Hudson asked if B. C. Daniels was willing to voluntarily accept several development restrictions she offered. Mr. Anderson answered in the affirmative.

Councilmembers Carroll and Richardson commented that they felt these restrictions would be unenforceable.

Helen Guy, 804 Wesley Avenue, appeared before the Council to state opposition to the proposed size of the lots to be rezoned. Ms. Guy also remarked that the residents in District 7 and District 4 were proud of the accomplishments by their Councilmembers in the Spring Hill and Riviere du Chien neighborhoods. Whereupon Councilmember Williams noted-for the record-that “he hadn’t had anything going on in Riviere du Chien yet because that was the last guy and that accolade goes out to Mr. Brooks for anything that was done before.”

Councilmembers Williams, Carroll, Johnson, Gregory, Richardson, and Hudson made additional remarks and comments to Ms. Guy and Mr. Anderson.

Billie Sue Hosier, 806 Wesley Avenue, addressed the Council with concerns about the rezoning.

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

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

(A) NON-AGENDA ITEMS:

Irene Antone, 2202 Clinton Street, addressed the Council with several points she felt would be beneficial to Councilmembers.

(B) AGENDA ITEMS:

Tammy Sue Rusling was introduced by Council President Copeland to honor her deceased husband, Van Rusling, Jr.’s, accomplishments as President of the Spring Hill Merchants Association. Mrs. Rusling thanked City officials for the improvements to the Village of Spring Hill, and she invited everyone to attend the dedication of the new village clock in Spring Hill erected in memory of her husband, Van Rusling, Jr. The dedication ceremony will be on Thursday, October 29, 2009, at 6:00 p.m.

RESOLUTIONS HELD OVER:

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 which was introduced and read at the regular meeting of Tuesday, September 22, 2009, and which was laid over for one (1) week to the regular meeting of Tuesday, September 29, 2009, was called up by the Presiding Officer.

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 City Clerk; whereupon Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Copeland. Following comments by Councilmember Richardson and a response from the applicant, Vera Mae James, 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.

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

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Ordinances 64-040 and 64-041 which motion was seconded by Councilmember Hudson, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for all items.

ORDINANCES BEING INTRODUCED:

REZONE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF GRANT STREET AND AIRPORT BOULEVARD FROM R-1 TO B-1 (DISTRICT 5) (APPLICANT: JOSEPH PAYNE). The following ordinance was introduced by Councilmember Copeland.

ORDINANCE 64-040-2009

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

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

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

THAT PARCEL OF LAND BEING BOUNDED BY A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 29, TOWNSHIP 4 SOUTH, RANGE 1 WEST, IN THE CITY AND COUNTY OF MOBILE, ALABAMA; THENCE RUN S 00°14'E 55.0 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF AIRPORT BOULEVARD (SAID RIGHT OF WAY FOR RELOCATION OF GRANT STREET AND FLORIDA STREET EXTENSION HEREIN REFERRED TO HAVING BEEN ACQUIRED BY THE CITY OF MOBILE UNDER CONDEMNATION PROCEEDINGS IN THE PROBATE COURT OF MOBILE COUNTY, ALABAMA, CASE NO. 14710 NS); THENCE ALONG SAID SOUTH RIGHT OF WAY LINE OF AIRPORT BOULEVARD, RUN S 89°04'E 255.26 FEET TO A POINT ON THE EAST LINE OF THE 100 FOOT RIGHT OF WAY OF FLORIDA STREET EXTENSION, SAID POINT BEING THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE CONTINUING S 89°04'E ALONG SAID SOUTH RIGHT OF WAY LINE OF AIRPORT BOULEVARD, RUN A DISTANCE OF 199.0 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF GRANT STREET, SAID POINT BEING ON THE ARC OF A 1175.92 FOOT RADIUS CURVE TO THE LEFT AND CONCAVE SOUTHEASTWARDLY; THENCE ALONG SAID NORTH RIGHT OF WAY LINE OF GRANT STREET, RUN SOUTHWESTWARDLY ALONG SAID ARC OF CURVE, A DISTANCE OF 209.81 FEET TO THE P.T. OF SAID CURVE, SAID POINT BEARS S 58°42'42"W 209.53 FEET FROM THE LAST DESCRIBED POINT; THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE OF GRANT STREET, RUN S 53°36'W 23.16 FEET TO A POINT ON THE AFOREMENTIONED EAST RIGHT OF WAY LINE OF FLORIDA STREET EXTENSION; THENCE ALONG SAID EAST RIGHT OF WAY LINE OF FLORIDA STREET EXTENSION, RUN N 00°35'W 125.82 FEET TO THE POINT OF BEGINNING. CONTAINING 11,646 SQUARE FEET OR 0.26736 ACRES.

The classification of said property is hereby changed from R-1, Single-Family Residential District, to B-1, Buffer-Business District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in B-1, Buffer-Business District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a B-1, Buffer-Business District until all of the conditions set forth below have been complied with: 1) development limited to the site plan as presented to the Commission, as may be required to be modified by conditions of this approval; 2) developer to submit and obtain a variance for reduced setbacks; 3) submission and approval of a sidewalk waiver if sidewalk construction is not practicable; and 4) full compliance with all municipal codes and ordinances, including but not limited to landscaping and tree plantings.

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

The ordinance was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Copeland made a motion to consider the ordinance, which motion was seconded by Councilmember Richardson. Following comments by Councilmember Copeland requesting that the Council deny the ordinance, the vote was as follows:

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

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

REZONE PROPERTY LOCATED ON THE EAST SIDE OF WESLEY AVENUE, 400’+ SOUTH OF AIRPORT BOULEVARD, EXTENDING TO THE WEST SIDE OF HENCKLEY AVENUE, FROM R-1 TO R-2 (DISTRICT 6) (APPLICANT: B. C. DANIELS, INC.). The following ordinance was introduced by Councilmember Richardson.

ORDINANCE 64-041-2009

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

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

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

LOTS 8, 9, 10, 11, 14 AND 15, BLOCK 12, PINEHURST SUBDIVISION, AS SHOWN BY MAP OR PLAT THEREOF RECORDED AT DEEDBOOK 138, PAGE 118, PROBATE RECORDS, MOBILE COUNTY, ALABAMA
The classification of said property is hereby changed from R-1, Single-Family Residential District, to R-2, Two-Family Residential District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in R-2, Two-Family Residential District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a R-2, Two-Family Residential District, until all of the conditions set forth below have been complied with: 1) completion of the Subdivision process; and 2) rezoning limited to an approved Planned Unit Development.

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

The ordinance was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Williams. Whereupon Councilmember Hudson made a motion to amend the ordinance as follows:

“The sense that I get today from other Councilmembers, in conversation, is that this is going to pass. So my position is, I would rather--if it’s going to pass--to attach conditions to it, than to sit here and vote against it and not have that opportunity. The conditions are as follows: (1) The minimum square foot living area shall not be less than 1300 square feet, heated and cooled area; (2) the front yard set backs on Wesley Avenue will be 25 feet; (3) property owners will not be allowed to store boats or trailers on any lot in the development; (4) a 6-foot wood privacy fence to be constructed by the builder at property lines that are adjacent to existing residences before Certificate of Occupancy is issued; and the last, (5) builder will be required to plant one heritage tree having a minimum caliper measurement at breast height of three inches in the front yard of each lot before Certificate of Occupancy is issued unless one or more trees of comparable size have been preserved on the lot during construction.”

The motion to amend was seconded by Councilmember Williams. Following comments by Councilmembers and Council Attorney Jim Rossler, the vote to amend was as follows:

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

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the motion to amend the ordinance denied.

The Presiding Officer called for the vote on the original motion and the vote was as follows:

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

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

STATE OF ALABAMA )
COUNTY OF MOBILE )

I, Lisa C. Lambert, City Clerk of Mobile, Alabama, hereby certify that Ordinance No. 64-041, Series 2009, was published in the Mobile Record, a newspaper of general circulation in the City and County of Mobile, Alabama, on , 2009.

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


________________________
City Clerk

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

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Resolutions 03-622 through 37-634, which motion was seconded by Councilmember Copeland, 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:

NOMINATE WANDA COCHRAN AND BARBARA DRUMMOND TO THE BOARD OF DIRECTORS OF THE DOWNTOWN MOBILE DISTRICT MANAGEMENT CORPORATION. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 03-622-2009

Sponsored by: Mayor Jones and Councilmember Carroll

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that Wanda Cochran and Barbara Drummond are nominated to the Board of Directors of the Downtown Mobile District Management Corporation.

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 Carroll. Following comments by Councilmembers Carroll, Copeland, and Johnson, 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 CHANGE ORDER 1 WITH DURBIN CONTRACTING CO., INC., FOR UNIVERSITY BOULEVARD MEDIAN IMPROVEMENTS FOR ST. LUKE’S SCHOOL, ADD $2,344.33. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 13-623-2009

Sponsored by: Mayor Jones

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 change order attached hereto and made a part hereof as though set forth in full. A copy of said change order is on file in the Office of the City Clerk.

Name of Company: Durbin Construction Company, Inc.

Project Name: University Boulevard median improvements
for St. Luke’s School

Amount: $2,344.33

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

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

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

AUTHORIZE CONTRACT WITH DSD SERVICES GROUP, LLC, TO PROVIDE FOR PROJECT AND PROGRAM MANAGEMENT AND PLANNING CONSULTATION WITH REGARD TO GOVERNMENTAL PROJECTS AND MASTER PLANS. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-624-2009

Sponsored by: Mayor Jones

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 Professional Services Contract between the City of Mobile and DSD Services Group, LLC.

A copy 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 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 GAYLE SYLVESTER FOR INDIGENT INVESTIGATOR SERVICES TO MUNICIPAL COURT. The following resolution was introduced by Councilmember Carroll.

RESOLUTION 21-625-2009

Sponsored by: Mayor Jones

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 Gayle Sylvester, for Professional Consulting Services as Indigent Investigator, 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 Carroll moved its adoption, which motion was seconded by Councilmember Williams, and the vote was as follows:

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

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

AUTHORIZE THE MAYOR TO EXECUTE A STATUTORY WARRANTY DEED FOR JAMES C. BAILEY AND THE ESTATE OF DAVID L. POWELL FOR PROPERTY IN SPRING HILL ESTATES FORMERLY OWNED BY THE MEDICAL CLINIC BOARD OF THE CITY OF MOBILE – PSYCHIATRIC. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 23-626-2009

Sponsored by: Mayor Jones

WHEREAS, pursuant to Section 11-58-1, et seq., Code of Alabama (1975), the Medical Clinic Board of the City of Mobile, Alabama – Psychiatric, an Alabama Public Corporation (the “Clinic Board”), was created on November 17, 1975; and,

WHEREAS, pursuant to Section 11-58-1, et seq., Code of Alabama (1975), James C. Bailey and David L. Powell did transfer the property described in the attached statutory warranty deed to the Clinic Board by warranty deed dated June 18, 1986; and,

WHEREAS, by lease dated June 1, 1986, and recorded in Real Property Book 2935, page 957 in the records of the Office of the Judge of Probate of Mobile County, Alabama (the “Lease”), the Clinic Board did lease this property to James C. Bailey and David L. Powell; and,

WHEREAS, the Clinic Board did mortgage said property to First Alabama Bank by mortgage recorded in Real Property Book 2936, Page 001 in the records of the Judge of Probate of Mobile County, Alabama (the “Mortgage”); and,

WHEREAS, the Lease required that James C. Bailey and David L. Powell make the payments on the Mortgage; and,

WHEREAS, the Lease provided that at the end of the term, provided all payments were made, the property would be conveyed back to James C. Bailey and David L. Powell; and,

WHEREAS, the Clinic Board was dissolved by a resolution by the Board dated October 2, 2003, which resolution provided that “all funds and properties of the Board are ordered immediately delivered to the City of Mobile;” and,

WHEREAS, David L. Powell is now deceased and Amelia B. Powell is Executrix of his Estate; and,

WHEREAS, the City of Mobile desires to fulfill the obligations of the Clinic Board to convey this property to James C. Bailey and the Estate of David L. Powell.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mobile, Alabama, that the Mayor of the City of Mobile be authorized to execute the attached Statutory Warranty Deed and to do such other acts as necessary to transfer title of the property described in the attached Statutory Warranty Deed to James C. Bailey and the Estate of David L. Powell, deceased, pursuant to the intent of Section 11-58-1, et seq., Code of Alabama (1975).

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.

ACCEPT SIDEWALK EASEMENT AT REGIONS BANK, 4376 OLD SHELL ROAD. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 25-627-2009

Sponsored by: Mayor Jones and Councilmember Gregory

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the City hereby accepts the attached sidewalk easement from Regions Bank.

BE IT FURTHER RESOLVED THAT SAID document being attached hereto and made a part hereof as fully as if set forth herein.

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

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES) LICENSE FOR THE ICE CHEST, 510 S. BROAD STREET (DISTRICT 2). The following resolution was introduced by Councilmember Carroll.

RESOLUTION 37-628-2009

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
(Off Premises)

Submitted by: Aisha Kibibi Davis
(Sole Proprietor)

Location: Ice Chest
510 S. Broad Street

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

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

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


DEDICATE THE NEW VILLAGE CLOCK IN THE HEART OF SPRING HILL TO THE MEMORY OF VAN RUSLING, JR. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 60-629-2009

Sponsored by: Councilmembers Gregory and Copeland

WHEREAS, Van Rusling, Jr., was founder of Carpe Diem Coffee & Tea Company and President of the Spring Hill Merchants Association from 1996-2004; and

WHEREAS, it was Mr. Rusling’s dream that a village clock be erected in the heart of Spring Hill; however, he passed away before his dream was realized; and

WHEREAS, his family and the community raised the necessary funds to purchase the village clock and it has now been installed at the corner of Old Shell Road and McGregor Avenue.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the new village clock be dedicated to the memory of Van Rusling, Jr., and that permission is hereby granted to the community to erect a bronze plaque at the base of the village clock to honor his vision and commitment to the future of this historic area.

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

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A SPECIAL EVENT LICENSE (MORE THAN 30 DAYS) FOR THE COURTYARD MANOR, 751 DAUPHIN STREET (DISTRICT 2). The following resolution was introduced by Councilmember Copeland.

RESOLUTION 37-631-2009

Sponsored by: Councilmember Carroll

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

Type of Application: Special Event
(More Than 30 Days)

Submitted by: The Courtyard Manor, LLC

Location: The Courtyard Manor
751 Dauphin Street

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 Gregory, and the vote was as follows:

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

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

REALLOCATE $15,000.00 FROM MAYOR GENERAL FUND DISCRETIONARY TO CAPITAL PROJECT #1105 MAYOR’S OFFICE, MISCELLANEOUS RENOVATIONS AND EQUIPMENT. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 09-632-2009

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $15,000.00 be reallocated from General Fund account line item #100.003.41780 General Fund.Mayor.Unclassified Expenses to Capital Project #1105 Mayor’s Office-Misc Renovations and Equipment. These funds will be used to purchase additional equipment and complete the renovation projects.

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 $5,000.00 FROM COUNCIL GENERAL FUND DISCRETIONARY TO CAPITAL PROJECT #182 EQUIPMENT-PARKS AND RECREATION. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 09-633-2009

Sponsored by: Mayor Jones and Councilmember Carroll

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $5,000.00 be reallocated from General Fund account line #100.004.41780 General Fund.City Council.Unclassified Expenses to Capital Project #182 Equipment-Parks and Recreation. These funds will be used for the purchase and installation of a fountain at British Park.

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

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR NOELL B’S, 19 S. CONCEPTION STREET (DISTRICT 2). The following resolution was introduced by Councilmember Carroll.

RESOLUTION 37-634-2009

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: Restaurant Retail Liquor

Submitted by: Yesmam, Inc.

Location: Noell B’s
19 S. Conception Street

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 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.

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO CONSIDER GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO L. CRAIG ROBERTS D/B/A PERSONALIZED TOURS OF HISTORIC MOBILE. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 41-630-2009

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 TOUR 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 L. Craig Roberts d/b/a Personalized Tours of Historic Mobile, to operate a tour 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 the 13th 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 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.




ANNOUNCEMENTS:

Lisa Lambert, City Clerk, announced that next week’s City Council meeting will be held on Wednesday, October 7, 2009, due to the District 3 run-off election.

Al Stokes introduced Daryl Johnson and Janelle Johnson, the son and daughter of former Mobile Chief of Police Harold Johnson. Both of them thanked City officials for naming the Mobile Police Department headquarters in honor of their deceased father.

Councilmember Gregory stated she met last Thursday with the Zimlich Group, a new community action group encompassing the neighborhoods east of St. Paul’s School on the south side of Old Shell Road.

Councilmember Gregory gave an update on the Old Shell Road widening project noting the next road closing will be October 12-16, 2009.

Councilmember Hudson announced the Mobile Pops will perform a concert on Monday, October 5, 2009, at 7:00 p.m. in the St. Luke’s Auditorium on University Boulevard.

Councilmember Richardson reported he held his Beat 30 Trinity Gardens community meeting last Thursday, September 24, 2009. Councilmember Richardson noted that Chief Phillip Garrett attended this meeting on his last day before beginning his retirement.

The Presiding Officer adjourned the meeting at 12:06 p.m.

Approved: October 27, 2009


_____________________________
COUNCIL PRESIDENT

_____________________________
CITY CLERK

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