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 24, 2012

MUNICIPAL BUILDING, MOBILE, ALABAMA, JULY 24, 2012

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, July 24, 2012, at 9:00 a.m.

Present:
Chairman: Copeland
Councilmembers: Richardson, Carroll, Rich, Gregory
Absent: Burrell, Williams

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 31, 2012



_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK


MUNICIPAL BUILDING, MOBILE, ALABAMA, JULY 24, 2012

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, July 24, 2012, at 10:30 a.m., in regular meeting.

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

Reverend Howard Nelson, Mt. Ararat Baptist Church, offered the invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

Chairman: Copeland
Councilmembers: Richardson, Carroll, Burrell, Rich, Gregory
Absent: Williams

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 #1, #2 and #4.

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 the meeting of July 10, July 12, and July 17, 2012, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Jones welcomed Commandant A. B. Grantham of the P.L. Wilson Detachment #447, Marine Corps League, who spoke regarding the upcoming Marine Corp National Convention that will take place August 8 through August 18, 2012 in Mobile. Some of the related events will be open to the public including a traveling Vietnam Memorial Wall exhibit and a Mardi Gras-style parade. He pointed out the positive economic impact this convention will have on the City. He requested the participation of the Mayor and Council as well as assistance with permitting and security for the parade.

ADOPTION OF THE AGENDA:

Councilmember Richardson moved for the adoption of the agenda, which motion was seconded by Councilmember Burrell, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Rich, 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 Hayley’s for a waiver of the Noise Ordinance at 278 Dauphin Street (corner of Dauphin and Jackson Streets) on July 29, 2012, from 3:00 p.m. until 10:00 p.m. (District 2).

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

Ayes: Richardson, Carroll, Burrell, Rich, 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 Joshua Ford for a waiver of the Noise Ordinance at 305 Houston Street on July 28, 2012, from 5:00 p.m. until 10:00 p.m. (District 3).

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

Ayes: Richardson, Carroll, Burrell, Rich, 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 Victoria Yanen for a waiver of the Noise Ordinance at 2528 Government Boulevard on July 29, 2012, from 11:00 a.m. until 9:00 p.m. (District 5) (applicant changed earlier approval request from 6:00 p.m. until 9:00 p.m.).

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

Ayes: Richardson, Carroll, Burrell, Rich, 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 Kenneth Ely for a waiver of the Noise Ordinance at 1014 Colonial Court on July 28, 2012, from 3:00 p.m. until 8:00 p.m. (District 3).

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

Ayes: Richardson, Carroll, Burrell, Rich, 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 ASSENTING TO THE VACATION OF STREETS IN THE GARROWS BEND AREA (DISTRICT 2) (APPLICANT: ALABAMA STATE PORT AUTHORITY). The Presiding Officer announced that today was the day for the public hearing to consider assenting to the vacation of streets in the Garrows Bend area, and asked if there was anyone present to speak for or against this matter. Mr. Bryan Thames, Hand Arendall, LLC, was present representing the applicant, Alabama State Port Authority, and asked for the Council’s favorable consideration. No one appeared in opposition.

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 RECEIVE COMMENTS ON THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING IN MOBILE REPORT. The Presiding Officer announced that today was the day for the public hearing to receive comments on the analysis of impediments to Fair Housing in Mobile report, and asked if there was anyone present to speak for or against this matter.

The following citizens spoke in favor of the report:

(1) Ms. Theresa Bettis, Executive Director of the Center for Fair Housing

(2) Ms. Heather Weeks, Community Outreach Specialist, Independent Living Center of Mobile, on behalf of the Executive Director, Michael Davis

(3) Mr. Wallace Davis, President and CEO of Volunteers of America Southeast

(4) Mr. Eric Jefferson, Executive Director of Housing First, Inc. and Homeless Coalition for Mobile and Baldwin Counties

(5) Ms. Lindsay Hutchisson of Mobile Arc, Inc.

No one appeared in opposition.

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) NON-AGENDA ITEMS:

(1) Mr. J. David Greene, 50 North Florida Street, spoke in support of an amendment to the Zoning Ordinance to allow advertisements on City buses (Note: This proposed amendment is included in an amendment package which will be on the Council’s July 31, 2012 agenda, Ordinance 64-019.).

(B) AGENDA ITEMS:

None

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 01-270 through 21-285, with the exception of 21-273 and 60-281, which motion was seconded by Councilmember Burrell, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Rich, Gregory, Copeland
Nays: None

The Presiding Officer declared unanimous consent granted for all items, with the exception of 21-273 and 60-281, which would be laid over according to procedure.

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE AGREEMENT WITH THE STATE OF ALABAMA DEPARTMENT OF TRANSPORTATION TO RESURFACE US-90 FROM SR 163 TO BROAD STREET, AND TO RESURFACE US-98 FROM BROAD STREET TO WEST END OF BANKHEAD TUNNEL. The following resolution was introduced by Councilmember Rich.

RESOLUTION 01-270-2012

Sponsored by: Mayor Jones and Councilmembers Carroll, Burrell and Copeland

WHEREAS, the City of Mobile, Alabama (hereinafter at times referred to as City) is desirous of having certain improvements made on U.S. 90 and U.S. 98 within the City Limits of Mobile, in accordance with plans prepared by the Alabama Department of Transportation and designated as Project Number EB-0016(510), Resurfacing U.S. 90 from SR 163 to Broad Street and Project Number EB-0042(520) U.S. 98 from Broad Street to west end of Bankhead Tunnel in Mobile County.

WHEREAS, The Alabama Department of Transportation is now or may later be desirous of receiving Federal Aid for improvement of said highway; and

WHEREAS, The Federal Highway Administration, an agency of the United States of America, will not participate in any funding for the construction of said project until and unless the City of Mobile will agree to certain requirements of the Federal Highway Administration. The City of Mobile for the purpose of complying with requirements of the Federal Highway Administration in regard to its funding of improvements of the type and kind in this agreement provided for does hereby pass and adopts the following resolution: No parking will be allowed within the project limits.

BE IT RESOLVED by the City Council of Mobile that the plans of said project including alignment, profile, grades, typical sections and paving layouts as submitted to this City and which are now on file in the office of the City Clerk are hereby approved and that the location of said project as staked out by the Alabama Department of Transportation and as shown by said plans referred to are hereby approved and the Alabama Department of Transportation, in cooperation with the Federal Highway Administration, is hereby authorized to proceed with the grading, draining, paving, and otherwise improving and construction of said project in accordance with said plans.

The City by and through its Council hereby grants to the Alabama Department of Transportation the full use of and access to the dedicated widths of any existing streets for the construction of said project and hereby agrees to permit and allow the Alabama Department of Transportation to close and barricade the said project and intersecting streets for as long as necessary while the said project is being graded, drained, paved, and otherwise improved, and hereby agrees that the use of any street or highway for parking within an interchange area will not at any time be permitted.

The City hereby further agrees to adopt or pass such legally effective ordinances and/or laws as will permanently barricade and/or relocate certain intersecting streets as required by the State and to permanently deny or limit access at certain locations as required by the State along said improvements, all of which are more specifically stated as follows: No parking will be allowed within the project limits.

BE IT FURTHER RESOLVED by the City, that for and in consideration of the Alabama Department of Transportation in cooperation with the Federal Highway Administration, constructing said highway and routing traffic along the same through the City over said project, such City hereby agrees with the Alabama Department of Transportation and for the benefit of the Federal Highway Administration, that on the above mentioned project the City will not in the future permit encroachments upon the right of way; nor will it pass any ordinances or laws fixing a speed limit contrary to those limits provided for in Title 32, Chapter 5, Code of Alabama 1975, as amended, and other laws of Alabama; nor will it permit other than parallel parking in areas where parking is permitted; nor will it allow the placing of any informational, regulatory, or warning signs, signals, median crossover, curb and pavement or other markings, and traffic signals without written approval of the Alabama Department of Transportation and the Federal Highway Administration, of the location, form and character of such installations. The traffic control devices and signs installed during construction, and those installed after completion of this project shall be in accordance with the latest edition of the national Manual on Uniform Traffic Control Devices and accepted standards adopted by the Alabama Department of Transportation of the State of Alabama and by the Federal Highway Administration. The City further agrees that subsequent traffic control devices deemed necessary by it in keeping with applicable statutes, rules and regulations to promote the safe and efficient utilization of the highway under the authority of Title 32, Chapter 5, Code of Alabama 1975, and all other applicable laws of Alabama, shall be subject to and must have the approval of the Alabama Department of Transportation of the State of Alabama and of the Federal Highway Administration, prior to installation and the City further agrees that it will enforce traffic and control the same under the provisions of Title 32, Chapter 5, Code of Alabama 1975, and other applicable laws of Alabama.

BE IT FURTHER RESOLVED by this Council:

1. That the City agrees to perform all maintenance on crossroads, service drives, or relocated roads that are not designated Federal or State highways that are in the jurisdiction of the City.

It is understood and agreed that no changes in this Resolution or Agreement shall in the future be made without having obtained the prior approval of the Federal Highway Administration.

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

Ayes: Richardson, Carroll, Burrell, Rich, Gregory, Copeland
Nays: None

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

APPOINT CAROLYN HASSER TO THE ARCHITECTURAL REVIEW BOARD. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 03-271-2012

Sponsored by: Councilmember Gregory

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Carolyn Nasser is appointed to the Architectural Review Board effective immediately for a term ending December 31, 2013.

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

Ayes: Richardson, Carroll, Burrell, Rich, Gregory, Copeland
Nays: None

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

AUTHORIZE CONTRACT WITH THE FRIENDS OF THE MAGNOLIA CEMETERY, INC., TO PROVIDE MAINTENANCE AND BURIAL AT MAGNOLIA CEMETERY, $235,800.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-272-2012

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract with the Friends of the Magnolia Cemetery, Inc., in the amount of $235,800.00 for the first fifteen month term, and $188,640.00 per year for two optional renewal periods to provide maintenance and burial at Magnolia Cemetery, as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of said contract is on file in the office of the City Clerk.

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

Ayes: Richardson, Carroll, Burrell, Rich, Gregory, Copeland
Nays: None

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

AUTHORIZE CONTRACT WITH BEN M. RADCLIFF CONTRACTOR, INC., FOR MICHAEL C. DOW MOBILE LANDING-NATIONAL MARITIME MUSEUM OF THE GULF OF MEXICO-GULFQUEST, FOR SITE UTILITY AND GENERAL SITEWORK PACKAGE, $628,770.00. The following resolution was laid over for one (1) week to the regular meeting of Tuesday, July 31, 2012.

RESOLUTION 21-273-2012

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: Ben M. Radcliff Contractor, Inc.

Project Name: Michael C. Dow Mobile Landing, National Maritime Museum
of the Gulf of Mexico, GulfQuest
BG 3.1 Site Utility Package & BG 3.3 General Sitework Package

Project Number: MU-120-08

Amount: $628,770.00

AUTHORIZE CONTRACT WITH THE ARCHITECTS GROUP, INC., FOR THEODORE PARK-ENTRANCE DRIVE, DRAINAGE, PARKING, SIDEWALKS, ETC., $23,400.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-274-2012

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: The Architects Group, Inc.

Project Name: Theodore Park
Entrance Drive, Drainage, Parking, Sidewalks, Etc.

Project Number: PR-085-12

Amount: $23,400.00

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

Ayes: Richardson, Carroll, Burrell, Rich, Gregory, Copeland
Nays: None

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

AUTHORIZE MAYOR TO ACCEPT AWARD FOR THE ALABAMA DEPARTMENT OF HOMELAND SECURITY FY10 MUTUAL AID SUSTAINMENT (AMAS) GRANT (NO LOCAL MATCH). The following resolution was introduced by Councilmember Rich.

RESOLUTION 31-275-2012

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor is hereby authorized to accept award for the Alabama Department of Homeland Security FY10 Mutual Aid Sustainment (AMAS) Grant in the amount of $14,400.00.

BE IT FURTHER RESOLVED that the Mayor or his designee be authorized to accept said grant if offered and to sign any agreements or other documents in connection with the grant application and to provide any information required by the Department of Homeland Security or any other state and/or federal agencies.

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

Ayes: Richardson, Carroll, Burrell, Rich, Gregory, Copeland
Nays: None

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

AUTHORIZE THE MOBILE FIRE CHIEF TO MAKE APPLICATION TO THE U. S. DEPARTMENT OF HOMELAND SECURITY FOR A 2012 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT PROGRAM. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 31-276-2012

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Fire Chief of the Mobile Fire Rescue Department is authorized to make application to the U. S. Department of Homeland Security for approval of one (1) grant under the 2012 Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program for the hiring of 30 firefighters. No cost share or match is required.

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 Burrell, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Rich, Gregory, Copeland
Nays: None

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

AUTHORIZE COMMUNITY PLANNING & DEVELOPMENT DEPARTMENT TO SUBMIT AN APPLICATION TO THE BLOOMBERG FOUNDATION FINANCIAL EMPOWERMENT CENTERS FOR PHASE II GRANT. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 31-277-2012

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Director of Community Planning and Development is hereby authorized to make application to the Bloomberg Foundation for the Financial Empowerment Center Grant for Phase II.

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

Ayes: Richardson, Carroll, Burrell, Rich, 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 SUPERIOR QUALITY CENTER, 2100 DAUPHIN ISLAND PARKWAY. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 37-278-2012

Sponsored by: Councilmember Williams

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: Superior Quality Center, LLC

Location: Superior Quality Center
2100 Dauphin Island Parkway
Mobile, AL 36609

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 Rich, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Rich, 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 HALAL CUISINE OF INDIA, 3674 AIRPORT BOULEVARD. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 37-279-2012

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: S and P Food Service, LLC

Location: Halal Cuisine of India
3674 Airport Boulevard
Mobile, AL 36608

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 Rich, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Rich, Gregory, Copeland
Nays: None

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

CONSENT TO THE VACATION OF STREETS IN THE GARROWS BEND AREA (DISTRICT 2) (APPLICANT: ALABAMA STATE PORT AUTHORITY). The following resolution was introduced by Councilmember Rich.

RESOLUTION 47-280-2012

Sponsored by: Mayor Jones

WHEREAS, the Alabama State Port Authority ("Port Authority"), an agency of the State of Alabama, has submitted a Petition to the Mobile City Council to vacate the public streets (or portions thereof) as described below, all lying within the city limits of Mobile, Alabama, pursuant to Section 23-4-2 of the Alabama Code, et seq.; and

WHEREAS, such streets (or portions thereof) to be vacated are more particularly described as follows (and referred to herein as the "Streets"):

Duval St. (east of Broad St.), Bay Ave. (east of Baker St.), Marvin St., Parham St. (east of Baker St.), Eve St. and Harris St.; and

WHEREAS, the Port Authority has petitioned the City Council of Mobile, Alabama, to assent to the vacation of such unused public rights-of-way owned by the City of Mobile; and

WHEREAS, it has been shown to the satisfaction of the Mobile City Council that the Port Authority is the sole owner of the real property abutting the Streets; and

WHEREAS, the vacation of the Streets 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

WHEREAS, notice of the hearing on the Petition was provided to all utility providers with utility lines or facilities in the Streets in accordance with Section 23-4-2(a) of the Alabama Code; and

WHEREAS, pursuant to Section 23-4-2(b) of the Alabama Code, entities with utility lines, equipment or facilities in place at the time of vacation, shall have 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

WHEREAS, notice of the hearing on the Petition was provided in accordance with Section 23-4-2(a) of the Alabama Code, including publication in the Mobile Press-Register, a newspaper of general circulation in Mobile, Alabama; and

WHEREAS, the City Council finds that the Streets are not needed as public rights-of-way in the City of Mobile, Alabama; and

WHEREAS, the City Council finds that vacation of the Streets is in the public interest.

NOW, THEREFORE, BE IT RESOLVED by the Mobile City Council that, upon hearing all parties and considering all information presented, that Duval St. (east of Broad St.), Bay Ave. (east of Baker St.), Marvin St., Parham St. (east of Baker St.), Eve St. and Harris St. are hereby vacated.

Notice of this Resolution shall be published in the Mobile Press-Register within fourteen days of the date of adoption and a copy of this Resolution shall be filed with the Mobile County Probate Court.

STATE OF ALABAMA)
COUNTY OF MOBILE)

I, Lisa C. Lambert, City Clerk of Mobile, Alabama, hereby certify that Resolution No. 47-280, Series 2012, was published in the Mobile Record, a newspaper of general circulation in the City and County of Mobile, Alabama, on , 2012.

IN WITNESS WHEREOF, I have hereunto set my hand on this day of , 2012.


______________________________
City Clerk

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

Ayes: Richardson, Carroll, Burrell, Rich, Gregory, Copeland
Nays: None

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

ACCEPT ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING REPORT SUBMITTED BY MARKETEK. The following resolution was laid over for one (1) week to the regular meeting of Tuesday, July 31, 2012.

RESOLUTION 60-281-2012

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the City of Mobile approves the Analysis of Impediments of Fair Housing Choice submitted by MARKETEK, Inc. which is attached hereto and made a part hereof as though set forth in full.

A copy is on file in the City Clerk's Office.

AUTHORIZE CHANGE ORDER 1 WITH BLOSSMAN GAS, INC., FOR CONVERSION OF GASOLINE ENGINES TO BI-FUEL PROPANE ENGINES, AND INSTALLATION OF A PROPANE FUELING STATION, $177,000.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 13-282-2012

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA that the Mayor and the City Clerk by, 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 Blossman Gas Inc. for the contract named below:

CONTRACT: Conversion of Gasoline Engines to Bi-fuel Propane Engines and Installation of a Propane Fueling Station.

CHANGE ORDER AMOUNT: $ 177,000.00

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

Ayes: Richardson, Carroll, Burrell, Rich, Gregory, Copeland
Nays: None

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

AUTHORIZE CHANGE ORDER 1 WITH BAGBY & RUSSELL ELECTRIC COMPANY, INC., FOR INSTALLATION OF LED STREET LIGHTS ON VARIOUS CITY STREETS, ADD $26,000.00 (GRANT FUNDS). The following resolution was introduced by Councilmember Rich.

RESOLUTION 13-283-2012

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, change order no. 1 to the contract with Bagby & Russell Electric Company, Inc., for installation of LED street lights on various city streets, whereby the sum of $26,000.00 is added to the original contract amount. A copy of said change order 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 Rich moved its adoption, which motion was seconded by Councilmember Burrell, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Rich, 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 CIVIC CENTER-REPLACE PMI METASYS SYSTEM, $10,158.62. The following resolution was introduced by Councilmember Rich.

RESOLUTION 21-284-2012

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

Project Name: Civic Center-Replace PMI Metasys System

Project Number: CC-109-12

Amount: $10,158.62

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

Ayes: Richardson, Carroll, Burrell, Rich, Gregory, Copeland
Nays: None

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

AUTHORIZE CONTRACT WITH JAMES B. DONAGHEY, INC., FOR ARTHUR R. OUTLAW CONVENTION CENTER-CORRECT LEAKS IN ROOF MOUNTED EXHAUST FANS, $17,790.00. The following resolution was introduced by Councilmember Rich.

RESOLUTION 21-285-2012

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: James B. Donaghey, Inc.

Project Name: Arthur R. Outlaw Convention Center
Correct Leaks in Roof Mounted Exhaust Fans

Project Number: CN-093-12

Amount: $17,790.00

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

Ayes: Richardson, Carroll, Burrell, Rich, Gregory, Copeland
Nays: None

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

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO CONSIDER ASSENTING TO THE VACATION OF AN ALLEYWAY BEHIND 950 SOUTH BROAD STREET (APPLICANT: CARACHER SMALL, JR.) (DISTRICT 3). The following resolution was introduced by Councilmember Burrell.

RESOLUTION 41-286-2012

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 TO CONSIDER VACATION OF RIGHT OF WAY BY ABUTTING LANDOWNERS Notice is hereby given that the Mobile City Council proposes to consider the adoption of a resolution assenting to the vacation of an alleyway behind 950 South Broad Street, more particularly described as follows:

COMMENCING AT THE SOUTHEAST CORNER OF MARINE STREET AND KENTUCKY STREET; THENCE SOUTH 82° - 55' - 51" EAST ALONG THE SOUTH LINE OF KENTUCKY STREET 175.00 FEET TO THE PONT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE CONTINUE SOUTH 82° - 55' - 51" EAST 17.60 FEET TO THE NORTHWEST CORNER OF C.J. SMALL SUBDIVISION AS RECORDED IN MAP BOOK 90, PAGE 9, PROBATE COURT RECORDS MOBILE COUNTY, ALABAMA; THENCE SOUTH 07° - 00' WEST ALONG THE WEST LINE OF C. J. SMALL SUBDIVISION AND PARALLEL WITH THE EAST LINE OF MARINE STREET A DISTANCE OF 350.00 FEET TO A POINT ON THE NORTH LINE OF GORGAS STREET; THENCE NORTH 82° - 55' - 51" WEST ALONG THE NORTH LINE OF GORGAS STREET 17.60 FEET TO A POINT THAT IS 175.00 FEET EAST OF THE EAST LINE OF MARINE STREET; THENCE NORTH 07° - 00' EAST 350.00 FEET TO THE PONT OF BEGINNING.

The adoption of such resolution will be considered by the Mobile City Council on the 21st day of August, 2012, at 10:30 a.m., in Mobile Government Plaza Auditorium, 205 Government Street. Any citizen alleging to be affected by the proposed vacation may submit a written objection or may speak at the public hearing.

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

Ayes: Richardson, Carroll, Burrell, Rich, Gregory, Copeland
Nays: None

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

ANNOUNCEMENTS:

Councilmember Carroll reported on the Dauphin Street Vault event which took place on Saturday, July 21, 2012.

Councilmember Carroll noted that this Sunday, July 29, 2012, there will be a summer block party at Hayley's from 3:00 p.m. until 10:00 p.m. on the corner of Dauphin and Jackson Streets to benefit the Autism Society of Alabama.

Councilmember Carroll asked everyone to support the City Parks and Recreation track athletes who will be traveling to Houston, Texas, July 29 through August 4, 2012 for the National Junior Olympics.

Councilmember Gregory stated that there will be a Public Services Committee meeting on today at 1:30 p.m., in the 9th floor Council conference room to discuss the proposed changes to the Zoning Ordinance (Ordinance 64-019).

Councilmember Gregory said that she participated in the “Stop the Violence March” and prayer vigil on Saturday in memory of Ms. Wendy Lee Fisher, who was recently slain on Racine Avenue, as well as other victims of violent crimes. She thanked coordinators and those who attended the event.

Councilmember Gregory commented that the Municipal Raiders Football program was celebrating their 40th anniversary. She recently attended a meeting to discuss plans for special anniversary events. She mentioned that the football association members were very complimentary of City personnel who have helped them get ready for the upcoming football season.

Councilmember Gregory announced that there will be an Athey Road Community Action Group (CAG) meeting tonight at St. John’s United Methodist Church, 2012 Overlook Road. They have invited Racine Avenue residents to learn about starting their own CAG. A representative from the District Attorney’s office will be in attendance.

Councilmember Gregory said that there will be a meeting on Saturday, July 28, 2012, with representatives of Habitat for Humanity, as well as the City’s Community Development and Planning Department, to discuss some possible rehabilitation programs in Mobile Terrace. The meeting will take place at the New Jerusalem Baptist Church, 7220 First Street, beginning at 10:00 a.m.

Councilmember Richardson thanked Mayor Jones, Police Chief Micheal Williams and Deputy Chief Lester Hargrove for attending his Beat 30 Crichton community meeting last Thursday to discuss Operation I.M.P.A.C.T., a unified, integrated taskforce to help tackle the problem of illegal guns and drugs in Mobile. He said the meeting was well-attended and the citizens received good information regarding available jobs, a free General Equivalency Diploma (GED) program at Bishop State Community College, rehabilitation grants and business opportunities. He noted that his next community meeting will take place on Thursday, September 20, 2012, at Mobile Infirmary with topics to include health, housing and public safety issues, with a special emphasis on jobs.

Councilmember Rich commented that she was glad to see Councilmember Copeland back and healthy at today’s meeting.

Councilmember Rich recognized the passing of Ms. Sally Ride, the first women astronaut to enter space.

Councilmember Rich announced that she will be holding a district community meeting on Thursday, August 23, 2012, at the Providence Hospital DePaul Center from 6:30 p.m. until 8:00 p.m. She noted that she has invited Mayor Jones as well as her appointment to the City of Mobile Citizen’s Budget and Finance Advisory Committee, Mr. Ken Germany, to discuss the budget.

Councilmember Rich asked the Administration for information on the sprinkler system on the football field at Medal of Honor Park.

Councilmember Rich mentioned that the Ladd-Peebles Memorial Stadium Board has spoken with her appointment to the board regarding the possibility of leasing a suite at the stadium to Mobile Gas. She suggested that the Council and Mayor’s Office come together and combine their suites into one so that the board can lease the other suite.

Mayor Jones reported on Operation I.M.P.A.C.T. which has consisted of approximately 165 arrests and resulted in 18 guns being confiscated. He said it has made a tremendous impact, and they will continue with the program as long as it can be afforded.

Councilmember Copeland inquired about the possibility of outlawing AK-47 guns. Council Attorney Jim Rossler noted that the state legislature passed an act several years ago saying that municipalities have no authority or ability to enact any law involving ownership of weapons.

The Presiding Officer adjourned the meeting at 11:21 a.m.

Approved: July 31, 2012


_____________________________
COUNCIL PRESIDENT

_____________________________
CITY CLERK





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