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 Jun 01, 2010

MUNICIPAL BUILDING, MOBILE, ALABAMA, JUNE 1, 2010

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, June 1, 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 15, 2010


_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK

MUNICIPAL BUILDING, MOBILE, ALABAMA, JUNE 1, 2010

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, June 1, 2010, at 10:30 a.m., in regular meeting.

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

Reverend Ron Prater, Parkway Southern Baptist Church, offered the invocation.

The Presiding Officer led the Pledge of Allegiance.

A moment of silence was observed in memory of Edwina Harkins, the mother of Bill and Ned Harkins, and Paula Ward.

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 19, 2010, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Jones reported on the status of the federal grants the City has applied for affecting staffing in the Fire Department and the Police Department.

Council President Copeland recognized Bud Ratliff, Executive Director of the Mobile Bay Sports Authority. Mr. Ratliff announced that an American Basketball Association franchise (the Mobile Bay Hurricanes) will come to Mobile this fall. Mr. Ratliff thanked the Council and the administration for their assistance in providing the various sporting venues in the City. Councilmember Carroll asked Mr. Ratliff for assistance in raising funds for the City of Mobile’s track program.

The Council President introduced Jimmy Lyons, Director of the Alabama State Port Authority, who provided information about a new waterfront park in the City of Mobile—Arlington Point Park. Mr. Lyons invited everyone to attend the park’s dedication on Monday, June 14, 2010, at 10:30 a.m.

Councilmembers Williams and Carroll asked Mr. Lyons to comment on the effects of the oil spill in the Gulf on Mobile Bay and the measures being implemented to protect the channel and port.

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, 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 Nneka Jackson for a Waiver of the Noise Ordinance on July 9, 2010, from 6:30 p.m. until 8:30 p.m., at 1755 Maryvale Street South (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, 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 Annie Odom and Annie Jackson, 2217 Old Military Road, for a Waiver of the Noise Ordinance on July 2, 2010, from 10:00 a.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 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 waiver granted.

(3) The Council considered the request of Caroline Mamuscia for a Waiver of the Noise Ordinance on June 5, 2010, from 11:00 a.m. until 3:00 p.m. at the French Quarter Apartments, 557 Azalea Road (District 5).

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, 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 Anita Huff, 4104 Springdale Road, for a Waiver of the Noise Ordinance on June 5, 2010, from 4:00 p.m. until 10:30 p.m. (District 5).

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, 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 CONSIDER THE VACATION OF A PORTION OF CRICHTON STREET (DISTRICT 1) (APPLICANTS: M & E, INC., THE SALVATION ARMY, INC., AND MAISEL FAMILY PROPERTIES, LLC). The Presiding Officer announced that today was the day for the public hearing to consider the vacation of a portion of Crichton 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 ordinance authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF PILLANS LANE (DISTRICT 3) (APPLICANT: BOH BROTHERS CONSTRUCTION CO., LLC). The Presiding Officer announced that today was the day for the public hearing to consider the vacation of a portion of Pillans Lane 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

RESOLUTIONS HELD OVER:

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 which was introduced and read at the regular meeting of Tuesday, May 25, 2010, and which was laid over for one (1) week to the regular meeting of Tuesday, June 1, 2010, was called up by the Presiding Officer.

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

The resolution was read by the City Clerk; whereupon Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Williams, 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.

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 01-224 through 21-235, 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.
RESOLUTIONS BEING INTRODUCED:

AUTHORIZE RIGHTS-OF-WAY AGREEMENT WITH CENTURYTEL FIBER COMPANY, II, LLC D/B/A CENTURYLINK WHOLESALE, TO INSTALL FIBER OPTIC CABLE. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 01-224-2010

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 CenturyTel Fiber Company, II, LLC d/b/a CenturyLink Wholesale, 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 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 resolution adopted.

AUTHORIZE CONTRACT WITH THOMPSON ENGINEERING FOR THE MICHAEL C. DOW-NATIONAL MARITIME MUSEUM-GULFQUEST DEEP FOUNDATION PACKAGE, FOR DDP LOAD TEST AND PRODUCTION PILE INSTALLATION MONITORING SERVICES, $92,690.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-225-2010

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: Thompson Engineering

Project Name: Michael C. Dow – National Maritime Museum
GulfQuest Deep Foundation Package
DDP Load Test & Production Pile
Installation Monitoring Services

Project Number: MU-120-08

Amount: $92,690.00

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 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 resolution adopted.

AUTHORIZE CONTRACT WITH DOUBLE AA CONSTRUCTION CO. FOR FIRE STATION #10—ROOF REPLACEMENT (3200 MOFFETT ROAD), $82,300.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-226-2010

Sponsored by: Mayor Jones and Councilmember Richardson

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

Name of Company: Double AA Construction Co.

Project Name: Fire Station #10 – Roof Replacement

Project Number: FD-109-09

Amount: $82,300.00

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 Hudson. Following comments by Councilmembers Richardson and Hudson, and a response from Chief of Staff Al Stokes and Mayor Jones, 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 M. C. WILLIAMS CONTRACTING CO., INC. FOR GULAS BRANCH DITCH REPAIRS (SOUTH OF U. S. 90), $43,761.39. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-227-2010

Sponsored by: Mayor Jones and Councilmember Williams

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: M. C. Williams Contracting Co., Inc.

Project Name: Gulas Branch Ditch Repairs, South of U.S. 90

Estimated Cost: $43,761.39

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Hudson. Following comments by Councilmembers Carroll, Hudson, and Gregory, and a response from Executive Finance Director Barbara Malkove, and John Bell, the Director of Public Services, 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 AMENDMENT WITH JOHN DENDY & ASSOCIATES FOR THE PUBLIC SAFETY COMPLEX—CONSTRUCT FACILITY, ADD $48,552.50. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-228-2010

Sponsored by: Mayor Jones and Councilmember Gregory

WHEREAS, the City entered into a contract dated February 26, 2008, with John Dendy & Associates for Architectural Consultants Services on the project known as Public Safety Complex—Construct Facility;

WHEREAS, the fee for the services is based on a stipulated sum of $462,100.00, not to exceed 6.3% as stated in Services Proposal dated January 11, 2008, and;

WHEREAS, the scope of the project design program was amended on November 18, 2008, to request Volkert & Associates to provide traffic control plan, signing, signalization, and median cut plans in the stipulated amount of $21,735.00 for a total of $483,835.00, and;

WHEREAS, the scope of the project design program was amended on July 21, 2009, to request Everette Engineering to provide Electrical and Mechanical modifications to change the infrared heating system in the Engine Bay for a total of $4,120.00 and; Mobile Engineering Group provided additional services for land disturbance permit, access road, SPCC Plan, ADEM Construction Permit & CBMPP, Vehicle Wash Facility, Aboveground Tanks, Design Site Engineering Certification and Construction Cost Adjustment for a lump sum total $66,480.00 and ADEM Erosion Control Inspection on an hourly cost not to exceed a total of $11,900.00, and;

WHEREAS, the scope of the project design program was amended on February 17, 2010, to request Mobile Engineering Group will provide additional services for the remaining forth-three weeks (43) of the project for ADEM Erosion Control Inspection on an hourly cost not to exceed a total of $29,980.00, and;

WHEREAS, Dendy & Associates will provide additional services due to structural and driveway modifications, not to exceed $4,477.50, Clark, Geer, Latham & Associates, Inc. will provide additional services for monitor construction and erection inspection, not to exceed $31,000.00; Volkert’s to provide modification to the ROW Drainage and Driveway Turning Radius, not to exceed $1,255.00; Mobile Engineering Group to provide drainage redesign calculation, Fire Hydrant/FDC Relocation, storm drain system piping and grading plans, not to exceed $11,820.00.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Council does hereby authorize the additional fee of $48,552.50, for a total of $644,867.50, to be paid to John Dendy & Associates for Architectural Consultants Services for Public Safety Complex to construct facility.

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

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

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

ACCEPT DEDICATION DEED FROM THE ALABAMA STATE PORT AUTHORITY FOR ARLINGTON POINT PARK. The following resolution was introduced by Councilmember Hudson.

RESOLUTION 23-229-2010

Sponsored by: Mayor Jones and Councilmember Burrell

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the City hereby accepts the attached Dedication Deed from the Alabama State Port Authority for Arlington Point Park.

Said Dedication Deed being attached hereto and made a part hereof as though set forth in full. 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 Hudson 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.

ASSENT TO THE VACATION OF A PORTION OF CRICHTON STREET (DISTRICT 1) (APPLICANTS: M & E, INC., THE SALVATION ARMY, INC., AND MAISEL FAMILY PROPERTIES, LLC). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 47-230-2010

WHEREAS, M & E, INC., an Alabama corporation; THE SALVATION ARMY, INC., a Georgia corporation; and MAISEL FAMILY PROPERTIES, L.L.C., an Alabama limited liability company, as abutting property owners of a portion of Crichton Street have requested the Mobile City Council to assent to the vacation and closing by it as the abutting property owners of the right of way hereinafter described; and

WHEREAS, it has been shown to the satisfaction of the Mobile City Council that M & E, INC., THE SALVATION ARMY, INC., and MAISEL FAMILY PROPERTIES, L.L.C., own all of the property abutting along said right of way, that the same is not needed as a public road in the City of Mobile, Alabama, that the vacation of same will not deprive any other property owner of such right as such property owner may have to convenient and reasonable ingress and egress to and from such other property, and that it would be in the best interest of the Mobile City Council to vacate same; and

WHEREAS, said abutting property owners have consented to this vacation;

NOW, THEREFORE, BE IT RESOLVED BY THE MOBILE CITY COUNCIL that its assent be, and it is hereby given to M & E, INC., THE SALVATION ARMY, INC., and MAISEL FAMILY PROPERTIES, L.L.C., as the abutting property owners to the vacation and closing by it of the following described right of way, more particularly described as follows:

Commencing at the southwest corner of Lot C, Delchamps Commercial Subdivision as recorded in Map Book 71, Page 60 Probate Court Records, Mobile County, Alabama, said point also being the point of beginning of the proposed vacation of a portion of Crichton Street Right of Way herein described; thence run N 00°-42’-00” W a distance of 497.13 to a point; thence run N 35°-04’-00” E a distance of 241.91’ to a point; thence run S 54°-58’-51” E a distance of 49.35’ to a point; thence run S 35°-01’-09” W a distance of 215.71’ feet to a point; thence run S 89°-18’-00’ W a distance of 5.79’ to a point; thence run S 00°-42’-00” E a distance of 466.59’ to a point; thence run S 65°-00’-00” W a distance of 54.67’ to the point of beginning.

BE IT FURTHER RESOLVED that the procedure of vacation shall be in strict compliance with the law and that the City Council’s assent be, and the same hereby is, given to vacate and annul the herein described right-of-way subject to the following conditions:

(1) The declaration of vacation and this resolution assenting to the vacation of said property under adoption by the City Council be recorded in the Probate Court of Mobile County, Alabama, and that a certified copy of the resolution be immediately delivered to the Mobile Revenue Commissioner’s Office;

(2) Alabama Power Company and ATT are reserved the right to continue to maintain, extend, and enlarge their 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 Companies 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 Companies, 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.

(3) Mobile Area Water and Sewer System is granted an easement to retain and maintain its existing water and sewer facilities within the above-described right-of-way and road and which shall prohibit the construction of permanent structures within the easement and shall require approval by MAWSS for placement of any fences, driveways, trees, shrubs, etc., within the easement.

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 of the written Declaration of Vacation of the aforesaid right-of-way.

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

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

The vote was then announced by the 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. 47-230, 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


ASSENT TO THE VACATION OF A PORTION OF PILLANS LANE (DISTRICT 3) (APPLICANT: BOH BROTHERS CONSTRUCTION CO., LLC). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 47-231-2010

WHEREAS, BOH BROTHERS CONSTRUCTION CO., LLC, as abutting property owner of the following described right of way located at Pillans Lane, having requested the Mobile City Council to assent to the vacation and closing by it as the abutting property owner of the right of way hereinafter described;
WHEREAS, it has been shown to the satisfaction of the Mobile City Council that BOH BROTHERS CONSTRUCTION CO., LLC owns all of the property abutting along said right of way, that the same is not needed as a public road in the City of Mobile, Alabama, that the vacation of same will not deprive any other property owner of such right as such property owner may have to convenient and reasonable ingress and egress to and from such other property, and that it would be to the best interest of the Mobile City Council to vacate the same;
WHEREAS, said abutting property owner has consented to this vacation;
NOW, THEREFORE, BE IT RESOLVED, by the Mobile City Council that its assent be, and it is hereby given to BOH BROTHERS CONSTRUCTION CO., LLC as the abutting property owner, to the vacation and closing by it of the following described right of way, more particularly described as follows:
Commencing at the intersection of the East line of Cassies Lane and the South line of Military Road, thence Westwardly along the South line of Military Road 904.75 feet to the Northwest corner of Lot 2, Rosedale as recorded in Deed Book 105, N.S Page 4, Probate Court records, Mobile County, Alabama; thence South 10º – 30’ West along the West line of Lot 2 a distance of 1,208.5 feet; thence South 80º – 16’ – 30” East along the South line of property now or formerly of Mobile County Public Schools 229.93 feet to the POINT OF BEGINNING of the property herein described; thence North 81º – 42’ – 41” East 32.07 feet to the Northwest corner of Schulz Subdivision as recorded in Map Book 46, Page 86 Probate Court records, Mobile County, Alabama; thence North 89º – 57’ – 38” East 10.15 feet to the Northwest corner of Lot 1, Schulz Subdivision; thence South 09º – 45’ – 31” West 247.00 feet along the East line of Pillans Lane to the Southwest corner of Lot 1; thence North 80º – 35’ – 46” West along a Westward projection of the South line of Lot 1 a distance of 40.39 feet to a point on the West line of Pillans Lane; thence North 09º – 44’ – 08” East 235.59 feet to the POINT OF BEGINNING.
BE IT FURTHER RESOLVED, by the Mobile City Council, that its assent be, and the same hereby is, given to vacate and annul the herein described portion of said right of way located at Pillans Lane, Mobile, Alabama, subject, however, to the following conditions:
(a) The declaration of vacation and this resolution assenting to the vacation of said property, upon adoption by the Mobile City Council, be recorded in the Probate Court of Mobile County, Alabama, and a certified copy of the resolution shall be immediately delivered to the Tax Assessor’s Plat Room so that this property may be reassessed in the names of the new owners;
(b) Alabama Power Company and AT&T are reserved all rights and privileges necessary and convenient for full enjoyment of use of its facilities within and adjacent to the area to be vacated; including the right of ingress and egress to and from said facilities, the right to cut and/or trim trees/limbs which, in their sole opinion would interfere with said facilities, and the right to prohibit use of the land vacated in a manner which violates the National Electric Safety Code.
The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Hudson, and the vote was as follows:

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

The vote was then announced by the 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. 47-231, 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

AUTHORIZE CONTRACT WITH H. O. WEAVER & SONS, INC., FOR RESURFACING GROUP 2009-3, $34,504.67. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-235-2010

Sponsored by: Mayor Jones and Councilmembers Burrell and 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 change order 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: H. O. Weaver & Sons, Inc.

Project Name: Resurfacing Group 2009-3

Change Order Amount: $34,504.67

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

Ayes: Richardson, Carroll, Burrell, 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 REZONE PROPERTY LOCATED AT 701 HICKORY STREET (NORTH TERMINUS OF LIVE OAK STREET, EXTENDING TO THE NORTHERN TERMINUS OF HICKORY STREET) FROM R-1 AND I-1 TO I-1 (DISTRICT 2) (APPLICANT: COWLES, MURPHY, GLOVER & ASSOCIATES). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 41-232-2010

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the City Clerk be, and she hereby is, instructed to publish the attached proposed amendment to the Zoning Ordinance at least once a week for two consecutive weeks in a newspaper of general circulation within the municipality, together with the attached notice stating the time and place that said proposed amendment 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 such amendment.

NOTICE OF HEARING ON PROPOSED AMENDMENT TO THE ZONING ORDINANCE

Notice is hereby given that the City Council of Mobile proposes to consider the adoption of the attached amendment to the Ordinance adopted on the 16th day of May, 1967, and known as the "Zoning Ordinance." The adoption of such amendment will be considered by the City Council of Mobile in the Mobile Government Plaza Auditorium, 205 Government Street, Mobile, Alabama, on the 29th day of June, 2010, at 10:30 a.m. At such time and place all persons who desire shall have an opportunity to be heard in opposition to, or in favor of the amendment. Furthermore, the City Council, at this public hearing, may consider zoning classifications other than that sought by the applicant for this property.

This notice is published pursuant to a resolution of the City Council of Mobile adopted on the 1st day of June, 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:

PARCEL 1: BEGINNING AT THE NORTHWEST CORNER OF LOT 1, HICKORY SQUAURE SUBDIVISION, AS RECORDED IN MAP BOOK 65, PAGE 80 OF THE PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA; THENCE S-89°-51’-49”-E, ALONG THE NORTH LINE OF SAID LOT 1, FOR 291.31 FEET; THENCE S-22°-13’56”-W, LEAVING THE NORTH LINE OF SAID LOT 1, FOR 158.57 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 1; THENCE N-57°-28’-45”-W, ALONG THE SOUTH LINE OF SAID LOT 1, FOR 274.32 FEET TO THE POINT OF BEGINNING. SAID PARCEL LYING AND BEING IN LOT 1, HICKORY SQUARE SUBDIVISION, AS RECORDED IN MAP BOOK 65, PAGE 80 OF THE PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA, AND CONTAINING 0.491 ACRES, MORE OR LESS.

PARCEL 2: COMMENCING AT THE NORTHWEST CORNER OF LOT 1, HICKORY SQUARE SUBDIVISION, AS RECORDED IN MAP BOOK 65, PAGE 80 OF THE PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA; THENCE S-89°-51’-49”-E, ALONG THE NORTH LINE OF SAID LOT 1, FOR 291.31 FEET; TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE S-89°-51’-49”-E, ALONG THE NORTH LINE OF SAID LOT 1, FOR 567.20 FEET TO A POINT AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE S-22°-10’-52”-W, ALONG THE EAST LINE OF SAID LOT 1, FOR 467.41 FEET TO A POINT AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE N-57°-28’-45”-W, ALONG THE SOUTH LINE OF SAID LOT 1, FOR 534.56 FEET; THENCE N-22°-13’-56”-E, LEAVING THE SOUTH LINE OF SAID LOT 1, FOR 158.57 FEET TO THE POINT OF BEGINNING. SAID PARCEL LYING AND BEING IN LOT 1 HICKORY SQUARE SUBDIVISION, AS RECORDED IN MAP BOOK 65, PAGE 80 OF THE PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA, AND CONTAINING 3.778 ACRES, MORE OR LESS.

The classification of said property is hereby changed from R-1, Single-Family Residential District, and I-1, Light Industry District, to I-1, Light Industry 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 I-1, Light Industry 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 I-1, Light Industry District, until all of the conditions set forth below have been complied with: 1) provision of a 10-foot planted buffer and privacy fence along the South property line, where the site abuts the Bottoms community; 2) approval of all applicable federal, state, and local agencies is required for endangered, threatened, or otherwise protected species, if any, prior to the issuance of any permits or land disturbance activities; 3) approval of all applicable federal, state, and local agencies is required for wetland issues, if any, prior to the issuance of any permits or land disturbance activities; 4) provision of a paved parking area and access road, or application to the Board of Adjustment for variances regarding parking surface; and, 5) full compliance with all other municipal codes and ordinances.

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

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

Ayes: Richardson, Carroll, Burrell, 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 HEARING TO CONSIDER THE APPLICATION OF REGINALD DAVIS D/B/A ROYAL RIDE LIMOUSINE SERVICE FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE A LIMOUSINE SERVICE. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 41-233-2010

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 A LIMOUSINE 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 Reginald Davis d/b/a Royal Ride Limousine Service to operate a limousine 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 Tuesday, the 15th day of June, 2010, at 10:30 a.m. At such time and place all persons who desire shall have the 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 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 resolution adopted.

CALL FOR PUBLIC HEARING TO CONSIDER THE APPLICATION OF JAMIE DESCH D/B/A DASH EXPRESS, LLC, FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE A TRANSPORTATION SERVICE. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 41-234-2010

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 A TRANSPORTATION 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 Jamie Desch d/b/a Dash Express, LLC, to operate a transportation 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 Tuesday, the 15th day of June, 2010, at 10:30 a.m. At such time and place all persons who desire shall have the 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 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 resolution adopted.

ANNOUNCEMENTS:

Council President Copeland stated that he and Councilmember Burrell met with the parties involved in the revocation of the business license for Club Miami and that the business license has been surrendered voluntarily.

Councilmember Williams noted that children are out of school for the summer and he asked the public to be cautious when driving.

Councilmember Williams asked citizens to call 311 for information about trash pickup.

Councilmember Gregory requested information from the administration about the four-cent gas tax neighborhood resurfacing program.

Councilmember Gregory invited the public to visit the Market in the Park at the Mobile Museum of Art each Thursday from 3:00 p.m. until 6:00 p.m.

Councilmember Gregory announced that she and the Council’s attorney, Jim Rossler, are working on an amendment to the current City ordinance regarding towing.

Councilmember Richardson noted the issues that were discussed at his District 1 community meeting last Thursday, May 27, 2010.

Councilmember Richardson asked Barbara Drummond to consider adding a “Market in the Park” program in Tricentennial Park.

Councilmember Hudson informed the audience that the Neighborhood and Community Services Department will sponsor the movie “The Blind Side” at this Friday night’s movie in the park at Medal of Honor Park. Councilmember Hudson invited everyone to attend the 8:00 p.m. showing.

Councilmember Hudson requested the administration’s cooperation in allowing the Council to address questions to the various departments and staff members in response to general questions from their constituents.

Mayor Jones reported that the Police Department had 125 arrests as the result of a city-wide operation last weekend.

The Presiding Officer adjourned the meeting at 11:33 a.m.

Approved: June 15, 2010


_____________________________
COUNCIL PRESIDENT

_____________________________
CITY CLERK

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