Mobile Government 
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 May 25, 2010
MUNICIPAL BUILDING, MOBILE, ALABAMA, MAY 25, 2010
The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, May 25, 2010, at 9:00 a.m.
Present:
Chairman: Copeland
Councilmembers: Richardson, Carroll, Burrell, 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: June 8, 2010
_______________________________
PRESIDENT OF THE COUNCIL
_______________________________
CITY CLERK
MUNICIPAL BUILDING, MOBILE, ALABAMA, MAY 25, 2010
The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, May 25, 2010, at 10:30 a.m., in regular meeting.
The meeting was called to order by City Clerk, Lisa Lambert.
Minister Chuck Griffis, Mobile Inner City Church of Christ, offered the invocation.
The Presiding Officer led the Pledge of Allegiance.
A moment of silence was observed in memory of John Gavin.
Present on Roll Call:
Chairman: Copeland
Councilmembers: Richardson, Carroll, Burrell, 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 May 4 and May 11, 2010, were approved as submitted.
COMMUNICATIONS FROM THE MAYOR:
None
REPORTS OF COMMITTEES:
Councilmember Richardson reported that the Public Safety Committee met yesterday, May 24, 2010, to review the ordinances relating to parking on the grass at public parks. Councilmember Richardson stated that at the request of the administration, the ordinances will be tabled at this time. “No Parking on the Grass” signs will be posted at the City’s parks with violators being subject to a fine.
Councilmember Richardson commended the Mobile firefighters who responded to a call at his church Sunday morning.
Councilmember Richardson asked the administration to furnish the Council with any information or reports they may obtain regarding last weekend’s “blue flu” day in the Fire Department.
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, Burrell, 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 Ciara Hale, 1859 Toulmin Avenue, for a Waiver of the Noise Ordinance on May 29, 2010, from 6:00 p.m. until 11:00 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, Burrell, 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 Vinzetta Pettway, Planted by the Rivers of Living Water Outreach Ministries, for a Waiver of the Noise Ordinance on July 10, 2010, from 9:00 a.m. until 4:00 p.m., for a summer fest event on the service road parallel to Wolf Ridge Road through the Beau Terra Subdivision entrance (District 1).
NOTE: Councilmember Richardson explained that the City Council does not have the authority to block off the service road as requested by the applicant.
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, Burrell, 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 Vivian Davis Figures for a Waiver of the Noise Ordinance on June 1, 2010, from 7:00 p.m. until 10:30 p.m., at 903 Dauphin Street (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, Burrell, 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 James Ingram for a Waiver of the Noise Ordinance on July 4, 2010, from 3:00 p.m. until 11:00 p.m., between Texas and Elmira Streets (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, Burrell, 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 Terri Pettway, 755 Marine Street, for a Waiver of the Noise Ordinance on June 26, 2010, from 3:00 p.m. until 10:00 p.m. (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, Burrell, 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 ON THE EAST SIDE OF SHELTON BEACH ROAD EXTENSION, 2/10+ MILE NORTH OF MOFFETT ROAD, FROM B-1 TO B-3, TO ALLOW A TRUCK FLEET MAINTENANCE FACILITY (DISTRICT 1) (APPLICANT: MAWSS). The Presiding Officer announced that today was the day for the public hearing to rezone property located on the east side of Shelton Beach Road Extension, 2/10+ mile north of Moffett Road, from B-1 to B-3, to allow a truck fleet maintenance facility, and asked if there was anyone present to speak for or against this matter. No one appeared.
The Presiding Officer declared the hearing concluded and that the necessary ordinance authorizing the proper action would be introduced later in the meeting.
PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:
(A) AGENDA ITEMS:
None
(B) NON-AGENDA ITEMS:
None
ORDINANCES HELD OVER:
AMEND SECTION 41-6 OF THE CITY CODE PERTAINING TO THE OPERATION AND PARKING OF VEHICLES IN CITY PARKS. The following ordinance which was introduced and read at the regular meeting of Wednesday, May 19, 2010, and which was laid over for one (1) week to the regular meeting of Tuesday, May 25, 2010, was called up by the Presiding Officer.
ORDINANCE 41-012-2010
Sponsored by: Councilmember Richardson
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE, as follows:
SECTION ONE: That section 41-6 of the Mobile City Code is hereby amended so that said section now reads in its entirety as follows:
Section 41-6. Vehicles.
(A). Automobiles, motorcycles and other vehicles shall not be operated in any public park of the city except on streets or roadways maintained therein for such purpose.
(B). No person shall stop, stand or park any vehicle on the grass in any public park.
(C). The city traffic engineer and the parks department are hereby authorized to erect signs indicating no parking in any area of a public park. When official signs prohibiting parking are erected as authorized herein, no person shall stop, stand or park a vehicle in any area in violation of any such sign.
(D). Any person judged to be in violation of this section shall be punished as provided in Chapter 1, Article II, of the City Code.
(E). Presumption concerning owner. During any prosecution charging a violation of this section, proof that the particular vehicle described in the complaint parked in violation of this section, together with proof that the defendant named in the complaint was at the time of such parking the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.
(F). Citation; impoundment. If a traffic citation is issued and placed on a vehicle parked in violation of this section, the officer placing the citation shall attempt to notify the registered owner of the vehicle of the violation and ask such owner to move the vehicle. If the vehicle is not moved within forty-eight (48) hours of the issuance of the citation, then the Mobile Police Department is hereby authorized to tow away and impound the vehicle. Every effort shall be made to notify the registered owner of said vehicle of such action. If the vehicle presents a bona fide hazard to vehicular or pedestrian traffic, or if such unlawful parking is causing or is likely to cause property damage to sidewalks or other property, or if such unlawful parking is causing or is likely to cause interference with the use of the park, then the vehicle may be towed by the Mobile Police Department without regard to the forty-eight-hour provisions above.
SECTION TWO: This Ordinance shall be in full force and effect from and after its adoption and publication as required by law.
The ordinance was read by the City Clerk; whereupon Councilmember Richardson moved to table, which motion was seconded by Councilmember Hudson, and the vote was as follows:
Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the ordinance tabled.
AMEND SECTION 1-32 OF THE CITY CODE TO PROVIDE FINES FOR VIOLATIONS OF SECTION 41-6. The following ordinance which was introduced and read at the regular meeting of Wednesday, May 19, 2010, and which was laid over for one (1) week to the regular meeting of Tuesday, May 25, 2010, was called up by the Presiding Officer.
ORDINANCE 01-013-2010
Sponsored by: Councilmember Richardson
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, as follows:
SECTION ONE: Section 1-32 of the Mobile City Code, schedule of fines, is hereby amended so as to provide that the fine for violations of section 41-6 of the City Code, as amended, shall be $70.00.
SECTION TWO: This Ordinance shall be in full force and effect from and after its adoption and publication as required by law.
The ordinance was read by the City Clerk; whereupon Councilmember Richardson moved to table, which motion was seconded by Councilmember Hudson, and the vote was as follows:
Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the ordinance tabled.
NOTE: Councilmember Hudson made a motion for the immediate consideration of Resolution 46-221 out of order at this time, which motion was seconded by Councilmember Richardson, and the vote was as follows:
Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared that Resolution 46-221 be considered at this time.
RENAME THE JAPANESE GARDENS AS “THE CHARLES WOOD JAPANESE GARDEN OF MOBILE.” The following resolution was introduced by Councilmember Gregory.
RESOLUTION 46-221-2010
Sponsored by: Councilmember Gregory
WHEREAS, Mr. Charles Wood has tirelessly dedicated his time and efforts, for almost two decades, to convert the once abandoned fish hatchery into a showcase Japanese garden; and
WHEREAS, he is President of the Board of Directors for the Japanese Garden Foundation, Inc., a non-profit group; and
WHEREAS, he not only volunteers his time to spruce up the garden and give tours, he has raised more than $100,000.00 for the project and was instrumental in getting the garden designed by Takeo Uesugi, a Landscape Architect from Japan; and
WHEREAS, today the garden includes cherry trees, azaleas, crepe myrtle, gingkos, camellias, Japanese maple trees, nature trails, and Koi, goldfish, bream, trout and turtles in four large ponds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Japanese Gardens henceforth be called “The Charles Wood Japanese Garden of Mobile” in honor of Mr. Charles Wood, and that signage be placed there accordingly.
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, and the vote was as follows:
Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.
NOTE: Councilmember Gregory presented a proclamation to Mr. Charles Wood in honor of his work at the Japanese gardens.
RESOLUTIONS HELD OVER:
RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR PARTY GRA BAR AND GRILL, 3211 SPRINGHILL AVENUE (DISTRICT 1). The following resolution which was introduced and read at the regular meeting of Tuesday, May 11, 2010, and which was laid over for two (2) weeks to the regular meeting of Tuesday, May 25, 2010, was called up by the Presiding Officer.
RESOLUTION 37-208-2010
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: Restaurant Retail Liquor
Submitted by: Roc Roc, LLC
Location: Party Gra Bar and Grill
3211 Springhill Avenue
The resolution was read by the City Clerk; whereupon Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Hudson. Following comments by Councilmember Richardson, the vote was as follows:
Ayes: Richardson, Carroll, Burrell, 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 Ordinance 64-015, which motion was seconded by Councilmember Hudson, and the vote was as follows:
Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None
The Presiding Officer declared unanimous consent granted for the item.
ORDINANCES BEING INTRODUCED:
REZONE PROPERTY LOCATED ON THE EAST SIDE OF SHELTON BEACH ROAD EXTENSION, 2/10+ MILE NORTH OF MOFFETT ROAD, FROM B-1 TO B-3 (DISTRICT 1) (APPLICANT: MAWSS). The following ordinance was introduced by Councilmember Richardson.
ORDINANCE 64-015-2010
AN ORDINANCE AMENDING THE ORDINANCE ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MOBILE ON THE 16TH DAY OF MAY, 1967, SAID ORDINANCE BEING COMMONLY KNOWN AS THE ZONING ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE AS FOLLOWS:
Section One: That the Ordinance commonly known as the Zoning Ordinance and adopted on May 16, 1967, together with the Zoning Map of the City of Mobile, 1967, be, and the same hereby is changed and altered in respect to that certain property in the City of Mobile, State of Alabama, described as follows to-wit:
COMMENCING AT A CONCRETE MONUMENT MARKING THE CENTER OF SECTION 2, TOWNSHIP 4 SOUTH, RANGE 2 WEST, THENCE S 0° 02’ 21” W A DISTANCE OF 949.13 FEET TO A PINCHED PIPE AND THE POINT OF BEGINNING, THENCE S 0° 00’ 31” E A DISTANCE OF 375.34 FEET TO A CONCRETE MONUMENT, THENCE S 89° 53’ 57” W A DISTANCE OF 703.99 FEET TO A CONCRETE MONUMENT, THENCE N 0° 05’ 58” W A DISTANCE OF 374.81 FEET TO A PINCHED PIPE, THENCE N 89° 51’ 23” E A DISTANCE OF 704.59 FEET TO THE POINT OF BEGINNING, CONTAINING 6.064 ACRES (264,161.33 SQ.FT) MORE OR LESS.
The classification of said property is hereby changed from B-1, Buffer Business District, to B-3, Community 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 a B-3, Community 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-3, Community Business District, until all of the conditions set forth below have been complied with: 1) completion of the subdivision process; 2) all buffering shall be 25’ in width and remain in its natural vegetative state; and, 3) full compliance with all municipal codes and ordinances.
Section Two: This Ordinance shall be in force and effect from and after its adoption and publication.
The ordinance was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:
Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the ordinance adopted.
STATE OF ALABAMA )
COUNTY OF MOBILE )
I, Lisa C. Lambert, City Clerk of Mobile, Alabama, hereby certify that Ordinance No. 64-015, Series 2010, was published in the Mobile Record, a newspaper of general circulation in the City and County of Mobile, Alabama, on
IN WITNESS WHEREOF, I have hereunto set my hand on this day of
__________________________
City Clerk
SUSPENSION OF RULES FOR IMMEDIATE CONSIDERATION OF RESOLUTIONS BEING INTRODUCED FOR FIRST TIME.
Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Resolutions 01-215 through 01-223, with the exception of 21-219 and 46-221, which motion was seconded by Councilmember Hudson, and the vote was as follows:
Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None
The Presiding Officer declared unanimous consent granted for all items, with the exception of 21-219, which would be laid over according to procedure; and 46-221, which had been considered and adopted out of order.
RESOLUTIONS BEING INTRODUCED:
AUTHORIZE RIGHTS-OF-WAY USE AGREEMENT WITH GLOBAL CROSSING TELECOMMUNICATIONS, INC., TO INSTALL FIBER OPTIC CABLE. The following resolution was introduced by Councilmember Richardson.
RESOLUTION 01-215-2010
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 Rights-of-Way Use Agreement, between the City of Mobile and Global Crossing Telecommunications, Inc., as outlined in the Agreement attached hereto and made a part hereof as though set forth in full. A copy of said Rights-of-Way Use Agreement is on file in the Office of the City Clerk.
The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:
Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.
APPOINT PAT EDINGTON TO THE MOBILE MUSEUM BOARD. The following resolution was introduced by Councilmember Burrell.
RESOLUTION 03-216-2010
Sponsored by: Councilmember Burrell
BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Patricia Edington is appointed to the Mobile Museum Board effective immediately for a term ending December 31, 2013.
The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Burrell moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:
Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.
RE-APPOINT JOYCE COLLIER TO THE CITY OF MOBILE, ALABAMA POLICE AND FIREFIGHTERS RETIREMENT PLAN BOARD. The following resolution was introduced by Councilmember Burrell.
RESOLUTION 03-217-2010
Sponsored by: Councilmember Carroll
BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Joyce Collier is re-appointed to the City of Mobile, Alabama Police and Firefighters Retirement Plan Board for a term beginning June 12, 2010, and ending June 11, 2013.
The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Burrell moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:
Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.
AUTHORIZE PROFESSIONAL SERVICE CONTRACT WITH PPM CONSULTANTS, INC., FOR CONSULTING AND ENVIRONMENTAL ASSISTANCE WITH THE BROWNFIELDS ASSESSMENT GRANT. The following resolution was introduced by Councilmember Richardson.
RESOLUTION 21-218-2010
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 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: PPM Consultants, Inc.
Project Name: Consulting and Environmental Services
for assistance with the Brownfields
Assessment Grant
Estimated Cost: $388,000.00
The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:
Ayes: Richardson, Carroll, Burrell, 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 GULF HAULING AND CONSTRUCTION, INC., TO RECEIVE, PROCESS, AND DISPOSE OF RESIDENTIAL TRASH, $2,570,400.00 (3-YEAR COST). The following resolution was laid over for one (1) week to the regular meeting of Tuesday, June 1, 2010.
RESOLUTION 21-219-2010
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 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: Gulf Hauling and Construction, Inc.
Project Name: Contract to provide a properly permitted C & D
facility for the processing and disposal of the
City of Mobile’s municipal household solid waste.
Estimated Cost: Estimated three-year cost
$2,570,400.00
AUTHORIZE GRANT APPLICATION WITH THE UNITED STATES DEPARTMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR THE BROWNFIELDS AREA-WIDE PLANNING PILOT PROGRAM. The following resolution was introduced by Councilmember Richardson.
RESOLUTION 31-220-2010
Sponsored by: Mayor Jones
BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF MOBILE, ALABAMA, that the Mayor is hereby authorized to file with the United States Department of Environmental Protection Agency, a grant application for Brownfields Area-Wide Planning Pilot Program for the City of Mobile.
BE IT FURTHER RESOLVED that the Mayor or his designee be authorized to accept said grant if offered and sign any agreements or other documents in connection with the grant application and to provide any information required by the Department of Environmental Protection Agency or any state or federal agency.
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, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.
DECLARE WEEDS NOXIOUS, GROUP #1427. The following resolution was introduced by Councilmember Richardson.
RESOLUTION 58-222-2010
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 #1427, 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 29th day of June, 2010, at ten thirty a.m. for the purposes of hearing any objections to the declarations contained in this resolution and to the proposed removal of such weeds, at which time all objections will be heard and given due consideration by the City Council of Mobile; and it is directed that there shall be conspicuously posted in front of each parcel of property, a notice headed "NOTICE TO DESTROY WEEDS," such heading to be in words not less than one inch in height and substantially in the form set out in such Act No. 329, approved April 29, 1988.
The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:
Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.
AUTHORIZE INTERLOCAL AGREEMENT WITH MOBILE COUNTY FOR THE EDWARD BYRNE MEMORIAL JUSTICE GRANT (JAG) PROGRAM ALLOCATIONS. The following resolution was introduced by Councilmember Richardson.
RESOLUTION 01-223-2010
Sponsored by: Mayor Jones
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, an interlocal agreement between the County of Mobile, Alabama, and the City of Mobile for the Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program: Local Solicitation, as outlined in the agreement attached hereto and made a part hereof as though set forth in full. A copy of said agreement is on file in the office of the City Clerk.
The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Copeland, and the vote was as follows:
Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.
ANNOUNCEMENTS:
Councilmember Copeland noted two District 5 neighborhood meetings were held yesterday to discuss traffic conditions and crime in their communities.
Councilmember Burrell invited the citizens in District 3 to the “End of School Celebration Walk” at May Eanes Middle School tomorrow, May 26, 2010.
Councilmember Hudson stated that she is working with a group of volunteers to obtain funding for the pavilion in Medal of Honor Park. Councilmember Hudson requested that the administration accept a $20,000.00 contribution to the pavilion fund from the Mobile County Commission.
Councilmember Richardson announced that he will hold a District 1 Trinity Gardens community meeting on Thursday, May 27, 2010. The meeting will be at the Dotch Community Center and will begin at 6:30 p.m.
Councilmember Copeland commended Barbara Drummond and her staff for organizing a tour of the new cruise ship in Mobile. He encouraged everyone to plan a cruise out of Mobile.
Councilmember Gregory reported on the status of the efficiency studies being conducted by the administration and she noted that a draft of a proposal concerning furloughs had been submitted by the Personnel Board.
Due to recent events reported in the media concerning an attorney named John Williams, Councilmember Williams stated that he is not an attorney and does not represent anyone.
The Presiding Officer adjourned the meeting at 11:11 a.m.
Approved: June 8, 2010
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COUNCIL PRESIDENT
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CITY CLERK