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 15, 2010

MUNICIPAL BUILDING, MOBILE, ALABAMA, JUNE 15, 2010

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, June 15, 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 29, 2010


_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK

MUNICIPAL BUILDING, MOBILE, ALABAMA, JUNE 15, 2010

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, June 15, 2010, at 10:30 a.m., in regular meeting.

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

Pastor Jim Healan, Greystone Bible Church, offered the invocation.

The Presiding Officer led the Pledge of Allegiance.

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.

NOTE: The Council President and Councilmember Richardson recognized a group of students in the Vital Link Program from Alba Middle School and Phillips Preparatory School who were visiting today’s Council meeting.

APPROVAL OF MINUTES:

The Minutes of June 1, 2010, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Jones presented a Certificate of Recognition to Officer William Tomberlin, “Officer of the Month” for May, 2010.

Mayor Jones gave an update on the clean-up efforts regarding the recent oil spill in the Gulf of Mexico.

Mayor Jones announced that the dedication ceremony for the new Arlington Point Park has been rescheduled due to President Obama’s visit to the Gulf Coast yesterday.

MONTHLY FINANCE REPORT:

Barbara Malkove, Executive Director of Finance, gave the following report:

“Finance Report to the City Council
June 15, 2010

Revenues (not including transfers) for the period ended May 30, 2010 were under budget by $5.5M. Sales and use taxes continue to be under budget and are now $4M under. Business licenses collected this month were $858K less than 2009 collections and under budget by $1M. It appears we have lessened our revenue decreases but are under-budget in revenues and transfers for the year to date by $5.8M but they are greater than last year by $2.9M.

Departmental expenditures (not including transfers) were over budget by $1.7M. All departments continue to be diligent to monitor all costs – operating and capital. Total expenditures and transfers were under budget by $1.2M.

Budget including transfers in and out:

Under budget revenues and transfers ($5,829,918)
Under budget expenditures and transfers 1,174,621
Total budget deficit to date ($4,655,297)

Add this to the deficit carryforward and the estimated attrition loss and we continue to be in a serious financial situation despite the freeze on personnel hiring and promotions and limited purchasing to emergency type items.”

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 Anita Lewis, 958 Marine Street, for a Waiver of the Noise Ordinance on July 4, 2010, from 6:00 p.m. until 11:00 p.m. (District 2).

There being no objections, Councilmember Richardson moved that the waiver be granted, 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 waiver granted.

(2) The Council considered the request of John Knott, III, 65 Houston Street, for a Waiver of the Noise Ordinance on July 24, 2010, from 12:00 noon until 11:00 p.m. (District 2).

There being no objections, Councilmember Richardson moved that the waiver be granted, 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 waiver granted.

(3) The Council considered the request of Rena J. Holmes, 3816 Medford Drive East, for a Waiver of the Noise Ordinance on June 19, 2010, from 4:00 p.m. until 10:00 p.m. (District 4).

There being no objections, Councilmember Richardson moved that the waiver be granted, 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 waiver granted.

(4) The Council considered the request of Mario Yow for a Waiver of the Noise Ordinance on June 20, 2010, from 5:00 p.m. until 8:00 p.m., at the gazebo on Simpson Drive in the Happy Hills community (District 2).

There being no objections, Councilmember Richardson moved that the waiver be granted, 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 waiver granted.



PUBLIC HEARINGS:

PUBLIC HEARING TO REZONE PROPERTY LOCATED AT 857 CRAWFORD LANE (EAST TERMINUS OF CRAWFORD LANE) FROM R-1 AND B-1 TO B-1 TO ELIMINATE SPLIT ZONING IN A COMMERCIAL SUBDIVISION (DISTRICT 2) (APPLICANT: BALL HEALTHCARE, INC.). The Presiding Officer announced that today was the day for the public hearing to rezone property located at 857 Crawford Lane (east terminus of Crawford Lane) from R-1 and B-1 to B-1 and asked if there was anyone present to speak for or against this matter.

Andrew James, a representative for Volkert & Associates, Inc., appeared on behalf of the applicant.

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

PUBLIC HEARING TO REZONE PROPERTY LOCATED AT 208 HILLCREST ROAD (WEST SIDE OF HILLCREST ROAD, 260’+ SOUTH OF CEDAR BEND COURT) FROM R-1 TO R-3 TO ALLOW CONSTRUCTION OF AN APARTMENT COMPLEX (DISTRICT 7) (APPLICANT: CASEY PIPES). The Presiding Officer announced that today was the day for the public hearing to rezone property located at 208 Hillcrest Road (west side of Hillcrest Road, 260’+ south of Cedar Bend Court) from R-1 to R-3 and asked if there was anyone present to speak for or against this matter.

The applicant, Casey Pipes, was present. Councilmember Gregory stated she will hold a community meeting on Wednesday, June 16, 2010, at the DePaul Center in Providence Hospital to review this rezoning request with interested citizens in District 7. Councilmember Hudson encouraged District 6 residents who may be affected by the rezoning to also attend this meeting. The meeting will begin at 6:30 p.m.

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

PUBLIC HEARING TO REZONE PROPERTY LOCATED AT 5930 MOFFETT ROAD (EAST SIDE OF MOFFETT ROAD AT THE EAST TERMINUS OF POWELL DRIVE) FROM B-3 AND R-3 TO R-3 TO ALLOW AN APARTMENT COMPLEX (DISTRICT 7) (APPLICANT: HERMAN NEESE). The Presiding Officer announced that today was the day for the public hearing to rezone property located at 5930 Moffett Road (east side of Moffett Road at the east terminus of Powell Drive) from B-3 and R-3 to R-3 and asked if there was anyone present to speak for or against this matter. No one appeared.

Councilmember Gregory announced that she will hold a meeting Thursday, June 17, 2010, at the Botanical Gardens to discuss this rezoning request. The meeting will begin at 6:30 p.m.

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 REVOCATION OR SUSPENSION OF THE BUSINESS LICENSE FOR ENTERTAINMENT SYSTEMS, INC., D/B/A CLUB MIAMI, 3716 AIRPORT BOULEVARD (DISTRICT 5). The Presiding Officer announced that today was the day for the public hearing to consider the revocation or suspension of the business license for Entertainment Systems, Inc., d/b/a Club Miami, 3716 Airport Boulevard and asked if there was anyone present to speak for or against this matter. No one appeared.

Councilmember Copeland noted that the business license had been relinquished voluntarily and he thanked Councilmember Burrell for his assistance in this matter.

PUBLIC HEARING TO CONSIDER GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO REGINALD DAVIS, D/B/A ROYAL RIDE LIMOUSINE SERVICE, TO OPERATE A LIMOUSINE SERVICE. The Presiding Officer announced that today was the day for the public hearing to consider granting a Certificate of Public Convenience and Necessity to Reginald Davis, d/b/a Royal Ride Limousine Service, to operate a limousine service 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 CONSIDER GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO JAMIE DESCH, D/B/A DASH EXPRESS, LLC, TO OPERATE A TRANSPORTATION SERVICE. The Presiding Officer announced that today was the day for the public hearing to consider granting a Certificate of Public Convenience and Necessity to Jamie Desch, d/b/a Dash Express, LLC, to operate a transportation service and asked if there was anyone present to speak for or against this matter. No one appeared.

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

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

(A) AGENDA ITEMS:

None

(B) NON-AGENDA ITEMS:

(1) Stephen Storer, 1862 Boykin Boulevard, presented information to the Council regarding the dangers of using cell phones while driving. Councilmembers Hudson, Gregory, and Richardson responded to Mr. Storer’s comments.

(2) Irene Antone, 2202 Clinton Street, remarked on the length of time political signs may remain posted. Ms. Antone also noted the need for unity in our society.

NOTE: The Council President congratulated Ms. Antone on being honored by the Alabama High School Athletic Association with the “Distinguished Service Award” for being one of the first female basketball officials in the State of Alabama.

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

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Ordinances 64-016 through 64-018, with the exception of 64-017 and 64-018, 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 64-017 and 64-018, which would be laid over according to procedure.

ORDINANCES BEING INTRODUCED:

REZONE PROPERTY LOCATED AT 857 CRAWFORD LANE (EAST TERMINUS OF CRAWFORD LANE) FROM R-1 AND B-1 TO B-1 (DISTRICT 2) (APPLICANT: BALL HEALTHCARE, INC.). The following ordinance was introduced by Councilmember Richardson.

ORDINANCE 64-016-2010

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 THE INTERSECTION OF THE NORTH LINE OF CRAWFORD LANE (50 FOOT RIGHT OF WAY) AND THE EAST LINE OF OLD HOLTS ROAD; RUN EASTWARDLY, ALONG THE NORTH LINE OF CRAWFORD LANE 670.05 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE NORTH 04°-50’-00” EAST 445.00 FEET; THENCE SOUTH 83°-02’48” EAST 433.20 FEET; THENCE SOUTH 36°-26’-41” EAST 189.35 FEET; THENCE SOUTH 53°-51’-11” EAST 172.84 FEET TO A POINT ON THE NORTH LINE OF CRAWFORD LANE; THENCE SOUTH 75°-38’17” WEST ALONG SAID NORTH LINE 401.49 FEET TO THE P.C. OF A 261.48 FOOT RADIUS CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE IN A WESTWARDLY DIRECTION A DISTANCE OF 72.75 FEET TO THE P.T. THEREOF; THENCE NORTH 88°-27’-30” WEST ALONG THE NORTH RIGHT OF WAY OF CRAWFORD LANE 111.65 TO THE P.C. OF 263.73 FEET RADIUS CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE IN A WESTWARDLY DIRECTION 91.96 FEET TO THE P.T. THEREOF; THENCE SOUTH 71°-38’-02” WEST 59.44 FEET TO THE POINT OF BEGINNING; BEING LOCATED IN SECTIONS 9 AND 10, TOWNSHIP 4 SOUTH RANGE 1 WEST, MOBILE COUNTY, ALABAMA.

AND

FROM THE NORTHWEST CORNER OF LOT 21, BLOCK B, CARVER HOMES, AS RECORDED IN MAP BOOK 4 PAGES 74 -76 PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA; RUN THENCE NORTH 73°-54’-33” EAST ALONG THE NORTH LINE OF LOTS 21 AND 23, A DISTANCE OF 47.12 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE SOUTH 51°-10’ EAST ALONG THE EAST LINE OF BLOCK B, CARVER HOMES, A DISTANCE OF 344.57 FEET TO THE SOUTHEAST CORNER OF LOT 36, BLOCK B; THENCE NORTH 74°-08’-24” EAST ALONG THE PROJECTED NORTH LINE OF CARVER STREET, 363.00 FEET MORE OR LESS TO A POINT ON THE WEST LINE OF TOULMIN BRANCH, HEREINAFTER REFERRED TO AS POINT B; THENCE NORTHWARDLY ALONG THE MEANDERINGS OF SAID WEST BANK 208.00 FEET MORE OR LESS TO A POINT THAT BEARS NORTH 10°-06’05” EAST 199.60 FEET FROM POINT B; THENCE SOUTH 78°-25’-03” WEST 233.11 FEET TO THE P.C. OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE SOUTHWESTWARDLY, WESTWARDLY, AND NORTHWESTWARDLY ALONG THE ARC OF SAID CURVE 148.76 (CHORD BEARS SOUTH 67°-47’-50” WEST 99.65 FEET) TO THE POINT OF REVERSE CURVATURE WITH A CURVE HAVING A RADIUS OF 25.00 FOOT TO THE LEFT; THENCE WESTWARDLY ALONG THE ARC OF SAID CURVE 32.56 FEET THENCE SOUTH 78°-25’-03” WEST 85.30 FEET; THENCE NORTH 85°-37’-46” WEST 194.08 FEET TO THE POINT OF BEGINNING.
AND

COMMENCING AT THE SOUTHEAST CORNER OF MOTON STREET AND CRAWFORD LANE THENCE NORTH 73°-54’-33” EAST ALONG THE SOUTH LINE OF CRAWFORD LANE 296.95 FEET TO THE NORTHEAST CORNER OF LOT 23, BLOCK B, CARVER HOMES AS RECORDED IN MAP BOOK 4, PAGES 74-76, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA; THENCE SOUTH 85°-37’-46” EAST AND CONTINUING ALONG THE SOUTH LINE OF CRAWFORD LANE 194.08 FEET; THENCE NORTH 78°-25’-03” EAST AND CONTINUING ALONG THE SOUTH LINE OF CRAWFORD LANE 207.35 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE NORTH 78°-25’-03” EAST AND CONTINUING ALONG THE SOUTH LINE OF CRAWFORD LANE 233.11 FEET TO A BSI CAPPED REBAR; THENCE CONTINUE NORTH 78°-25’-03” EAST 26.50 FEET MORE OR LESS TO THE WEST MARGIN OF TOULMIN BRANCH; THENCE NORTHWARDLY ALONG THE MEANDERINGS OF SAID WEST MARGIN 47.00 FEET MORE OR LESS TO THE NORTH LINE OF CRAWFORD LANE; THENCE SOUTH 78°-24’-15” WEST ALONG SAID NORTH LINE 34.50 FEET MORE OR LESS TO A CRIMP TOP IRON; THENCE SOUTH 78°-24’-15” WEST AND CONTINUE ALONG THE NORTH LINE OF CRAWFORD LANE 290.09 FEET; THENCE EASTWARDLY AND SOUTHWARDLY ALONG THE ARC OF A 50 FOOT RADIUS CURVE THE RIGHT A DISTANCE OF 73.44 FEET (CHORD BEARS SOUTH 59°-30’-55” EAST 67.02 FEET) TO THE POINT OF BEGINNING.

The classification of said property is hereby changed from R-1, Single-Family Residential District, and B-1, Buffer Business District, to B-1, Buffer Business District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in B-1, Buffer Business District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a B-1, Buffer Business District until all of the conditions set forth below have been complied with: 1) completion of the Vacation process for the unopened East terminus of Crawford Lane; 2) completion of the subdivision process; 3) provision of appropriate residential buffers as required by Section 64-4.D.1. of the Zoning Ordinance; 4) compliance with Forestry Comments: “Property to be developed in compliance with state and local laws that pertain to tree preservation and protection on both city and private properties (State Act 61-929 and City Code Chapters 57 and 64). Preservation status is to be given to the 60” Live Oak Tree located in front of the existing Structure. Any work on or under this tree is to be permitted and coordinated with Urban Forestry; removal to be permitted only in the case of disease or impending danger.”; 5) full compliance with tree planting and landscape requirements; 6) installation of sidewalks along Crawford Lane, or approval of a sidewalk waiver application by the Planning Commission; and, 7) 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 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 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 adopted.

STATE OF ALABAMA )
COUNTY OF MOBILE )

I, Lisa C. Lambert, City Clerk of Mobile, Alabama, hereby certify that Ordinance No. 64-016, 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

REZONE PROPERTY LOCATED AT 208 HILLCREST ROAD (WEST SIDE OF HILLCREST ROAD, 260’+ SOUTH OF CEDAR BEND COURT) FROM R-1 TO R-3 (DISTRICT 7) (APPLICANT: CASEY PIPES). The following ordinance was laid over for one (1) week to the regular meeting of Tuesday, June 22, 2010.

ORDINANCE 64-017-2010

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:

LOTS 14, 15, 16, 17, 18 AND 19, ARNOLD SUBDIVISION, AS PER PLAT THEREOF RECORDED IN MAP BOOK 3, PAGE 295 OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE, MOBILE COUNTY, ALABAMA

The classification of said property is hereby changed from R-1, Single-Family Residential District, to R-3, Multiple-Family 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 R-3, Multiple-Family District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a R-3, Multiple-Family District, until all of the conditions set forth below have been complied with: 1) submittal and approval by the Planning Commission of a Subdivision Application to combine the existing six lots into one lot; 2) submittal and approval by the Planning Commission of an appropriate Planned Unit Development Application; 3) development of the site is to be limited to an approved Planned Unit Development; and, 4) 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.

REZONE PROPERTY LOCATED AT 5930 MOFFETT ROAD (EAST SIDE OF MOFFETT ROAD AT THE EAST TERMINUS OF POWELL DRIVE) FROM B-3 AND R-3 TO R-3 (DISTRICT 7) (APPLICANT: HERMAN NEESE). The following ordinance was laid over for one (1) week to the regular meeting of Tuesday, June 22, 2010.

ORDINANCE 64-018-2010

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:

COMMENCE AT A 6” CONCRETE FILLED PIPE FOUND BEING THE NE CORNER OF THE SW ¼ OF THE SW ¼ OF SECTION 34 T-3-S R-2W MOBILE COUNTY, ALABAMA, THENCE S 89-41-52 W 854.98 FEET TO THE POINT OF BEGINNING OF THE PROPERTY DESCRIBED HEREIN; THENCE CONTINUE S 89-41-52 W 452.84 FEET TO A “T” IRON FOUND; THENCE S 90-0-0 W 967.77 FEET TO A OPEN TOP PIPE FOUND ON THE EAST RIGHT OF WAY LINE OF MOFFETT ROAD (100’ R/W); THENCE S 20-9-56 E 470 FEET ALONG SAID RIGHT OF WAY TO A POINT; THENCE N 90-0-0 E 1144.63 FEET TO A POINT; THENCE N 14-24-25 E 457.98 FEET TO THE POINT OF BEGINNING. DESCRIPTION CONTAINS 13 ACRES MORE OR LESS
The classification of said property is hereby changed from B-3, Community Business District, and R-3, Multiple-Family District, to R-3, Multiple-Family 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 R-3, Multiple-Family District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a R-3, Multiple-Family District, until all of the conditions set forth below have been complied with: 1) completion of the subdivision process; 2) submittal and approval by the Planning Commission of an appropriate Planned Unit Development Application; 3) development of the site is to be limited to an approved Planned Unit Development; 4) 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.

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 21-245 through 37-250, 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.

AUTHORIZE CONTRACT WITH C. THORNTON, INC., FOR COTTAGE HILL ROAD AT MONTLIMAR CREEK BRIDGE APPROACH SLAB REPAIRS, $139,645.25. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-245-2010

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: C. Thornton, Inc.

Project Name: Cottage Hill Road at Montlimar Creek Bridge
Approach Slab Repairs – Project No. 2010-202-06

Estimated Cost: $139,645.25

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 JOHNSON CONTROLS FOR MUSEUM OF MOBILE-HVAC CONTROL SERVICE AND MAINTENANCE, $59,337.00 (3-YEAR CONTRACT). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-246-2010

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. A copy of said contract is on file in the Office of the City Clerk.

Name of Company: Johnson Controls

Project Name: Service Contract-Museum of Mobile-HVAC
Control Service and Maintenance

Project Number: SC-028-10

Amount: $19,779.00 (1st year)
$19,779.00 (2nd year)
$19,779.00 (3rd year)
$59,337.00 (3-year contract)

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.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR DEANNA’S STOP AND SHOP, 1910 ST. STEPHENS ROAD (DISTRICT 2). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 37-247-2010

Sponsored by: Councilmember Carroll

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

Type of Application: Retail Beer/Table Wine
(Off Premises Only)

Submitted by: Deanna’s Stop and Shop, LLC

Location: Deanna’s Stop and Shop
1910 St. Stephens Road

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.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR THE CRAB POT OF MOBILE, 2400 AIRPORT BOULEVARD (DISTRICT 5). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 37-248-2010

Sponsored by: Councilmember Copeland

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

Type of Application: Restaurant Retail Liquor

Submitted by: The Crab Pot of Mobile, LLC

Location: The Crab Pot of Mobile
2400 Airport Boulevard

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.

APPROVE 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 37-249-2010

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, pursuant to the provisions of Ordinance 59-073, 2005, that the application of Reginald Davis d/b/a Royal Ride Limousine Service for a Certificate of Public Convenience and Necessity for a limousine service is hereby approved. A copy of said application is on file in the office of the City Clerk.

The resolution was read by the 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.

APPROVE 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 37-250-2010

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, pursuant to the provisions of Ordinance 59-073, 2005, that the application of Jamie Desch, d/b/a Dash Express, LLC, for a Certificate of Public Convenience and Necessity for a transportation service is hereby approved. A copy of said application is on file in the office of the City Clerk.

The resolution was read by the 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 Gregory repeated the information about the District 7 community meetings to discuss the Hillcrest Road and Moffett Road rezoning issues on today’s agenda. The first meeting will be tomorrow night, June 16, 2010, at the DePaul Center at Providence Hospital to discuss the Hillcrest Road rezoning. Councilmember Gregory will also host a meeting on Thursday, June 17, 2010, at the Botanical Gardens to review the Moffett Road/Powell Drive rezoning issue.

Councilmember Gregory will hold a District 7 “summer” meeting at the Mobile Museum of Art in Langan Park on Thursday, June 24, 2010, beginning at 6:30 p.m.

Councilmember Richardson announced that the Wragg Swamp Festival will be this weekend, June 17-19, 2010, at Trinity Gardens Park.

Councilmember Richardson noted that the unveiling of the plant-life markers in Tricentennial Park will be Monday, June 28, 2010, at 10:30 a.m. Councilmember Richardson also stated that the plaque honoring Mr. Frank Battles will also be unveiled at this time.

Councilmember Hudson thanked the J. L. Bedsole Foundation for their $5,000.00 contribution to the Medal of Honor Park pavilion project.

The Council President proudly announced that his twin grandsons will be competing in a swim meet this afternoon.

The Presiding Officer adjourned the meeting at 11:18 a.m.

Approved: June 29, 2010


_____________________________
COUNCIL PRESIDENT

_____________________________
CITY CLERK

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