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 Jul 06, 2010
MUNICIPAL BUILDING, MOBILE, ALABAMA, JULY 6, 2010
The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, July 6, 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: July 27, 2010
_______________________________
PRESIDENT OF THE COUNCIL
_______________________________
CITY CLERK
MUNICIPAL BUILDING, MOBILE, ALABAMA, JULY 6, 2010
The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, July 6, 2010, at 10:30 a.m., in regular meeting.
The meeting was called to order by City Clerk, Lisa Lambert.
Reverend Valerie E. Morrow, Wesley Chapel United Methodist Church, offered the invocation.
The Presiding Officer led the Pledge of Allegiance.
A moment of silence was observed in memory of Sgt. James Hewitt who retired from the City of Mobile Police Department, and for Ann Burgess, the sister of Council President Reggie Copeland.
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:
None
COMMUNICATIONS FROM THE MAYOR:
The Council President recognized Bud Ratliff, Executive Director of the Mobile Bay Sports Authority, who introduced Terry Carbonell. Ms. Carbonell provided information about the Air Race Classic that is coming to Mobile June 21-24, 2011.
Mayor Jones reported that he met with representatives of BP Oil and the Coast Guard yesterday and that progress was made in establishing a communications base with them.
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 Michael Davis, Independent Living Center of Mobile, for a Waiver of the Noise Ordinance on July 29, 2010, from 9:30 a.m. until 2:30 p.m., at Cathedral Square (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.
PUBLIC HEARINGS:
PUBLIC HEARING TO CONSIDER PUBLIC COMMENTS REGARDING THE 2010 ACTION PLAN. The Presiding Officer announced that today was the day for the public hearing to consider public comments regarding the 2010 Action Plan and asked if there was anyone present to speak for or against this matter. No one appeared.
The Presiding Officer declared the hearing concluded and that the necessary resolution authorizing the proper action would be introduced later in the meeting.
PUBLIC HEARING TO REZONE PROPERTY LOCATED AT 3950 HAMILTON BOULEVARD (NORTH SIDE OF HAMILTON BOULEVARD, 4/10+ MILE WEST OF RANGELINE ROAD) FROM R-A, RESIDENTIAL-AGRICULTURAL DISTRICT, AND I-1, LIGHT INDUSTRY DISTRICT, TO I-1, LIGHT INDUSTRY DISTRICT, TO ELIMINATE SPLIT ZONING (DISTRICT 4) (APPLICANT: THOMPSON PROPERTIES). The Presiding Officer announced that today was the day for the public hearing to rezone property located at 3950 Hamilton Boulevard (north side of Hamilton Boulevard, 4/10+ mile west of Rangeline Road) from R-A, Residential-Agricultural District, and I-1, Light Industry District, to I-1, Light Industry District, to eliminate split zoning, 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) NON-AGENDA ITEMS:
Joaquin Holloway, Jr. presented one of his artistic photographs to the Council President for display in the Council’s office area.
(B) AGENDA ITEMS:
None
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 64-022, 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 AT 3950 HAMILTON BOULEVARD (NORTH SIDE OF HAMILTON BOULEVARD, 4/10+ MILE WEST OF RANGELINE ROAD) FROM R-A, RESIDENTIAL-AGRICULTURAL DISTRICT, AND I-1, LIGHT INDUSTRY DISTRICT, TO I-1, LIGHT INDUSTRY DISTRICT (DISTRICT 4) (APPLICANT: THOMPSON PROPERTIES). The following ordinance was introduced by Councilmember Williams.
ORDINANCE 64-022-2010
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:
LOT 1 & 2 TIDES INN SUBDIVISION RESUBDIVISION OF LOT 1 AS RECORDED IN MAP BOOK 120, PAGE 118 OF THE PROBATE COURT RECORDS, MOBILE COUNTY, AL
The classification of said property is hereby changed from R-A, Residential-Agricultural 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) full compliance with all municipal codes and ordinances at the time of development or re-development; and, 2) submission of non-conforming documentation regarding existing site surfacing/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 Williams 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. 64-022, 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, 2010.
________________________
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 01-277 through 58-282, with the exception of 31-281, 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 31-281, which would be laid over according to procedure.
RESOLUTIONS BEING INTRODUCED:
AUTHORIZE RIGHTS-OF-WAY USE AGREEMENT WITH LEVEL 3 COMMUNICATIONS, LLC, TO INSTALL FIBER OPTIC CABLE. The following resolution was introduced by Councilmember Richardson.
RESOLUTION 01-277-2010
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 Level 3 Communications, LLC, 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 AGREEMENT WITH THE STATE OF ALABAMA DEPARTMENT OF TRANSPORTATION TO PERFORM AN INTERSECTION CAPACITY IMPROVEMENT STUDY ON AIRPORT BOULEVARD FROM SNOW ROAD TO U. S. 90, $20,000.00 CITY’S SHARE (MOBILE COUNTY TO PAY $20,000.00). The following resolution was introduced by Councilmember Richardson.
RESOLUTION 01-278-2010
Sponsored by: Mayor Jones
BE IT RESOLVED by the City Council of the City of Mobile, Alabama, as follows:
1. That the City enters into an Agreement with the State of Alabama, acting by and through the Alabama Department of Transportation for:
Study Agreement for Project STPMB-7500, Project Reference Number 100055062, perform Intersection Capacity Improvement Study on CR-56 (Airport Boulevard) from CR-25 (Snow Road) to SR-16 (US 90), in the City of Mobile; which Agreement is before this Council.
2. That the Agreement be executed in the name of the City, by its Mayor, for and on its behalf;
3. That the Agreement be attested by the City Clerk and the seal of the City affixed thereto.
BE IT FURTHER RESOLVED, that upon completion of the execution of the Agreement by all parties, that a copy of such Agreement be kept on file by 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 VANCE MCCOWN CONSTRUCTION CO., INC., FOR THE MICHAEL C. DOW – NATIONAL MARITIME MUSEUM GULFQUEST DEEP FOUNDATION PACKAGE, $2,492,891.00 (FULLY FUNDED FROM 665/FTA FUNDS). The following resolution was introduced by Councilmember Richardson.
RESOLUTION 21-279-2010
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: Vance McCown Construction Co., Inc.
Project Name: Michael C. Dow – National Maritime Museum
GulfQuest Deep Foundation Package
Project Number: MU-120-08
Amount: $2,492,891.00 (Fully funded from 665/FTA funds)
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 SERVICE CONTRACT WITH JOHNSON CONTROLS, INC., FOR THE FIRE AND SECURITY SYSTEM AT THE MUSEUM OF MOBILE, $16,190.00 (3 YEARS). The following resolution was introduced by Councilmember Richardson.
RESOLUTION 21-280-2010
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: Johnson Controls, Inc.
Project Name: Service Contract-Museum of Mobile
Fire and Security System Service
Project Number: SC-059-10
Amount: $5,274.00 (1st year)
$5,458.00 (2nd year)
$5,458.00 (3rd year)
$16,190.00 (3-year total)
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.
ADOPT THE 2010 ACTION PLAN AND AUTHORIZE THE MAYOR TO FILE THE PLAN WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. The following resolution was laid over for one (1) week to the regular meeting of Tuesday, July 13, 2010.
RESOLUTION 31-281-2010
Sponsored by: Mayor Jones
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that its Action Plan for 2010 (Plan) is hereby adopted. Said Plan shall direct resources to develop a viable urban community by providing decent housing and a suitable living environment and expanding economic opportunities for low and moderate income persons. Said Action Plan is the third installment within the City’s overall five-year “Consolidated Strategy and Plan,” and establishes projects for the next Program Year from May 1, 2010, through April 30, 2011, to be funded with assistance from Community Development Block Grants, HOME Investment Partnership Grants, and Emergency Shelter Grants.
BE IT FURTHER RESOLVED that the Mayor, or his designee, is directed and authorized to act on behalf of the City of Mobile in the filing of this Plan with the Department of Housing and Urban Development, and that this authorization extends to the execution of all required certifications and to all other actions required to obtain said referenced Federal funds.
A copy of the Plan is on file in the office of the City Clerk.
DECLARE WEEDS NOXIOUS, GROUP #1430. The following resolution was introduced by Councilmember Richardson.
RESOLUTION 58-282-2010
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 #1430, under the caption "NOXIOUS OR DANGEROUS WEEDS GROWING ON PROPERTY" are noxious and dangerous, and such weeds are hereby declared to be public nuisances. The properties upon which such weeds are growing are all located within the corporate limits of the City of Mobile, about the streets referred to in the description which are more particularly described in said Exhibit "A."
SECTION 2. The weeds growing on or in front of the above described parcels of property shall be abated by the removal of such noxious or dangerous weeds, or they will be removed and the nuisances abated by the City of Mobile, in which case the cost of such removal will be assessed against the respective parcels of lands from which such weeds are removed, and such cost will constitute a lien upon such respective parcels of land until paid. A public meeting is hereby called to be held in the Auditorium of the Mobile Government Plaza, 205 Government Street, Mobile, Alabama, on the 10th day of August, 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.
ANNOUNCEMENTS:
Councilmember Richardson announced he will hold a District 1 Midtown community meeting on Thursday, July 15, 2010, at the Hearin-Chandler Auditorium in Mobile Infirmary. The meeting will begin at 6:30 p.m.
Councilmember Richardson noted that there will be a motorcycle ride on Saturday, July 10, 2010, from 1:00 p.m. until 6:00 p.m. The 12-mile ride will begin at the Greater Macedonia Baptist Church and will end across the street from Tricentennial Park.
The Council President commended Barbara Drummond and her staff for the Fourth of July fireworks celebration sponsored by the City of Mobile.
Councilmember Gregory reminded everyone that Market in the Park continues through July 29, 2010, every Thursday afternoon from 3:00 until 6:00 p.m. at the Mobile Museum of Art in Langan Park.
Councilmember Williams noted that football registration has begun for the City of Mobile’s youth football program. Councilmember Williams stated that anyone who is interested may call 311 or their local City park for additional information.
The Presiding Officer adjourned the meeting at 11:00 a.m.
Approved: July 27, 2010
_____________________________
COUNCIL PRESIDENT
_____________________________
CITY CLERK