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 29, 2010

MUNICIPAL BUILDING, MOBILE, ALABAMA, JUNE 29, 2010

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, June 29, 2010, at 9:00 a.m.

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

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 20, 2010

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK

MUNICIPAL BUILDING, MOBILE, ALABAMA, JUNE 29, 2010

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, June 29, 2010, at 10:30 a.m., in regular meeting.

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

Pastor John Shiver, Navco Baptist 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.

APPROVAL OF MINUTES:

The Minutes of June 15, 2010, were approved as submitted.

NOTE: Councilmember Williams excused himself as Councilmember at 10:48 a.m.

COMMUNICATIONS FROM THE MAYOR:

Mayor Jones reiterated the City’s efforts to meet with BP Oil officials and present the City’s plan to protect our waterways.

Councilmember Hudson introduced representatives of “Partners for Environmental Progress” who gave a presentation of the program’s recognition of companies that turn their waste or by-products into raw materials for other companies. Councilmember Hudson awarded Certificates of Recognition to the companies participating in the “By- Product Synergy” program this year.

ADOPTION OF THE AGENDA:

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

Ayes: Richardson, Carroll, Burrell, 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 Katrina Sneed for a Waiver of the Noise Ordinance on July 10, 2010, from 5:30 p.m. until 10:30 p.m., at the Bragg-Mitchell Mansion, 1906 Spring Hill Avenue (District 1).

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

Ayes: Richardson, Carroll, Burrell, 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 Savongah Williams for a Waiver of the Noise Ordinance on July 24, 2010, from 3:30 p.m. until 9:00 p.m., at 2668 Betbeze Street (District 1).

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

Ayes: Richardson, Carroll, Burrell, 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 William Kyzer, 250 South Sage Avenue, Apt. 219, for a Waiver of the Noise Ordinance on July 3, 2010, from 7:00 p.m. until 11:00 p.m. (District 5).

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, 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 Gloria Sullivan, 82 Burtonwood Drive, for a Waiver of the Noise Ordinance on July 4, 2010, from 2:00 p.m. until 10:30 p.m. (District 7).

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, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.

(5) The Council considered the request of Linda Smith, 5900 Carlisle Drive N., for a Waiver of the Noise Ordinance on July 3, 2010, and July 4, 2010, from 3:00 p.m. until 11:00 p.m. (District 7).

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, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.

(6) The Council considered the request of Terrence Jones, 1350 Reams Drive E., for a Waiver of the Noise Ordinance on July 3, 2010, and July 4, 2010, from 3:00 p.m. until 11:00 p.m. (District 7).

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, 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 701 HICKORY STREET (NORTH TERMINUS OF LIVE OAK STREET, EXTENDING TO THE NORTHERN TERMINUS OF HICKORY STREET) FROM R-1 AND I-1 TO I-1 TO ALLOW TWO (2) RADIO TOWERS AND A 300 SQUARE FOOT OPERATION BUILDING AND TO ELIMINATE SPLIT ZONING (DISTRICT 2) (APPLICANT: COWLES, MURPHY, GLOVER & ASSOCIATES). The Presiding Officer announced that today was the day for the public hearing to rezone property located at 701 Hickory Street (north terminus of Live Oak Street, extending to the northern terminus of Hickory Street) from R-1 and I-1 to I-1, and asked if there was anyone present to speak for or against this matter.

A representative for the applicant, Gary Cowles, stated he was present. Councilmember Carroll noted that his questions had been answered satisfactorily prior to the Council’s 10:30 a.m. meeting.

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:

Andrew Howard, 7710 Clifton Way, addressed the Council requesting additional funding for the City of Mobile’s summer track and field program. Mr. Howard asked the Council to continue funding the track program’s participation in the Junior Olympics. Chief of Staff Al Stokes and Councilmembers Copeland and Carroll responded to Mr. Howard’s request.

(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 Ordinances 64-020 and 88-021, which motion was seconded by Councilmember Hudson, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for all items.

ORDINANCES BEING INTRODUCED:

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

ORDINANCE 64-020-2010

AN ORDINANCE AMENDING THE ORDINANCE ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MOBILE ON THE 16TH DAY OF MAY, 1967, SAID ORDINANCE BEING COMMONLY KNOWN AS THE ZONING ORDINANCE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE AS FOLLOWS:

Section One: That the Ordinance commonly known as the Zoning Ordinance and adopted on May 16, 1967, together with the Zoning Map of the City of Mobile, 1967, be, and the same hereby is changed and altered in respect to that certain property in the City of Mobile, State of Alabama, described as follows to-wit:

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

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

The classification of said property is hereby changed from R-1, Single-Family Residential District, and I-1, Light Industry District, to I-1, Light Industry District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a I-1, Light Industry District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a I-1, Light Industry District, until all of the conditions set forth below have been complied with: 1) provision of a 10-foot planted buffer and privacy fence along the South property line, where the site abuts the Bottoms community; 2) approval of all applicable federal, state, and local agencies is required for endangered, threatened, or otherwise protected species, if any, prior to the issuance of any permits or land disturbance activities; 3) approval of all applicable federal, state, and local agencies is required for wetland issues, if any, prior to the issuance of any permits or land disturbance activities; 4) provision of a paved parking area and access road, or application to the Board of Adjustment for variances regarding parking surface; and, 5) full compliance with all other municipal codes and ordinances.

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

The 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, 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. 64-020, 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

DEEM VACANT PROPERTY NOT NOW NEEDED FOR PUBLIC OR MUNICIPAL PURPOSES AND AUTHORIZE THE SALE THEREOF TO AUGUSTA N. TAPIA AND MARTIN A. NORDEN, III. The following ordinance was introduced by Councilmember Richardson.

ORDINANCE 88-021-2010

Sponsored by: Mayor Jones and Councilmember Carroll

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA as follows:

SECTION ONE: It is hereby found and determined by the City Council of the City of Mobile, Alabama, that the property(ies) hereinafter described is(are) not now needed for public or municipal purposes and that it is in the best interest of the City of Mobile and in the public interest that said property(ies) be sold for its appraised value to: Augusta N. Tapia and Martin A. Norden, III, as Co-Trustees of the Family Trust created under the Last Will and Testament of Martin A. Norden, Jr., deceased, described as follows, to wit:

Commencing at the Southeast corner of Section 10, Township 4 South, Range 1 West, Mobile County, Alabama; Thence N-89º-51’-49”-West, along the South line of said Section 10, for 1819.10 feet to a point on the North line of Lot 1, Hickory Square, as recorded in Map Book 65, page 80 of the Probate Court Records of aforesaid Mobile County, being 567.20 feet West of the Northeast corner of said Lot 1, and the Point of Beginning of the property herein described; Thence continue N-89º-51’-49”-West, along the South line of said Section 10 and the North line of said Lot 1, for 291.30 feet to a point at the Northwest corner of said Lot 1, Hickory Square; Thence S-57 º -28’-45”-E, leaving the South line of said Section 10, for 274.32 feet to a point at the Northeast corner of the right of way of Live Oak Street, (50-foot public R\W); Thence N-22 º -13’- 56”-E, along an extension of the East right of way line of said Live Oak Street, for 158.57 feet to the Point of Beginning. Said parcel lying entirely within the boundary of Lot 1, Hickory Square, as recorded in Map Book 65, page 80 of the Mobile County Probate Court Records and being in the South half of Section 10 and in the Northeast quarter of Section 15, Township 4 South, Range 1 West, Mobile County, Alabama and containing 0.491 acres, more or less.

SECTION TWO: The Mayor and City Clerk are also hereby authorized and directed to execute and attest, respectively, for and in the name and on behalf of the City of Mobile, the deed for the property shown above.

SECTION THREE: The Real Estate Officer of the City of Mobile is hereby authorized and directed to negotiate, and to execute for and in the name and on behalf of the City of Mobile, what ever supporting documents, affidavits, closing statements, or other ancillary forms necessary to complete the sale of said property.

SECTION FOUR: Said Deed is by reference made a part of this ordinance as fully as if set forth herein and a copy of such will be on file in the office of the City Clerk and in the office of the Real Estate Officer of the City of Mobile, 4th Floor, Government Plaza, 205 Government Street, Mobile, Alabama.

SECTION FIVE: This Ordinance shall be in full force and effect from and after its adoption and publication as required by law.

The ordinance was read by the City Clerk; 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, 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. 88-021, 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 21-270 through 31-275, which motion was seconded by Councilmember Hudson, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for all items.

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE CONTRACT ENTITLED “AMENDED AND RESTATED SITE LOCATION AND DEVELOPMENT AGREEMENT” BY AND AMONG EADS NORTH AMERICA, INC., AND OTHERS, TO ESTABLISH A FINAL ASSEMBLY LINE AND A MILITARY CONVERSION CENTER TO PRODUCE AIRBUS A-330 AIRCRAFT. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-270-2010

Sponsored by: Mayor Jones and City Council

WHEREAS, the City of Mobile, through its Mayor and Council, proposes to expend public funds by entering into a site location and development agreement with EADS North America, Inc., a Delaware corporation (the “Company”), together with various state and local governmental entities, for the purpose of inducing the Company to establish a final assembly line and a military conversion center (“the Facility”) to produce Airbus A-330 aircraft which will be converted into KC-X Advanced Tanker Aircraft for the United States Air Force; and

WHEREAS, the City proposes to pay to the Company certain public funds to defray a portion of the cost associated with the Facility; and

WHEREAS, the public benefits to be achieved by this proposed action include economic benefit to the community as a whole by assisting the Company in obtaining a contract from the United States Air Force for KC-X Advanced Tanker Aircraft to be produced in Mobile, the employment of a substantial number of Mobile citizens in a new aerospace industry, and the anticipated establishment of numerous vendors and suppliers in connection with the Facility; and

WHEREAS, the expenditure of these public funds will promote greater diversification of the local economy and create high-salaried technical and professional jobs located within the Mobile community.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the expenditure of public funds for the purpose specified will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities; and

BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor is hereby authorized and directed to execute, and the City Clerk is hereby authorized and directed to attest and deliver, for and on behalf of the City of Mobile, a contract entitled “Amended and Restated Site Location and Development Agreement” by and among EADS North America, Inc. and the State of Alabama, Mobile Airport Authority, Mobile County, City of Mobile, Alabama, the Mobile Area Chamber of Commerce and Development Authorities of or within the State of Alabama, 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 Hudson. Following comments by Councilmember Hudson and Mayor Jones, the vote was as follows:

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

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

AUTHORIZE CONTRACT ENTITLED “LOCAL PARTY FUNDING AND PARTICIPATION AGREEMENT REGARDING AMENDED AND RESTATED SITE LOCATION AND DEVELOPMENT AGREEMENT WITH EADS NORTH AMERICAN, INC. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-271-2010

Sponsored by: Mayor Jones and City Council

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor is hereby authorized and directed to execute, and the city Clerk is hereby authorized and directed to attest and deliver, for and on behalf of the City of Mobile, a contract entitled “Local Party Funding and Participation Agreement Regarding Amended and Restated Site Location and Development Agreement with EADS North America, Inc.” by and among the State of Alabama, Mobile Airport Authority, Mobile County, Baldwin County, City of Mobile, the Industrial Development Board of the City of Mobile, Alabama, the Mobile Area Chamber of Commerce and Development Authorities of or within the State of Alabama, as outlined in the contract attached hereto and a 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 Hudson, and the vote was as follows:

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

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

GRANT EASEMENT TO THE ALABAMA POWER COMPANY TO UPGRADE ELECTRICAL SERVICE FOR FIRE STATION #20, 3471 STEWART ROAD. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 25-272-2010

Sponsored by: Mayor Jones and Councilmember Burrell

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, an easement to ALABAMA POWER COMPANY across property as set out in Easement WE #A6553-06-A810, copy of which is attached hereto and made a part hereof as though set forth herein, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS, for the purpose of upgrading the electrical service at Fire Station 20.

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. Following comments by Councilmember Burrell, the vote was as follows:

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

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

AUTHORIZE REMOVAL OF WEEDS, GROUP #1427. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-273-2010

A RESOLUTION DETERMINING WHAT OBJECTIONS SHALL BE ALLOWED AND WHAT OBJECTIONS SHALL BE OVERRULED TO THE REMOVAL OF NOXIOUS OR DANGEROUS WEEDS ON OR IN FRONT OF CERTAIN PARCELS OF LAND.

WHEREAS, notice has been duly given and posted at least five days prior to the date of this resolution in the manner provided by law offering full opportunity to all interested parties to object to the removal of noxious or dangerous weeds on the hereinafter described parcels of land, and the City Council of Mobile having held such public hearing in connection with the notices given and no objections having been filed or made by any of the interested parties; and

WHEREAS, Parcels Nos.1 through 17 described in the resolution, adopted on the 25th day of June, 2010, have not been cleared of noxious and dangerous weeds and continue to be public nuisances.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE as follows:

SECTION 1. It is hereby ascertained and determined that the dangerous and noxious weeds growing on the hereinafter described parcels of real property are public nuisances, and it is hereby ordered and directed that the employees of the City of Mobile assigned to that work promptly remove the weeds on such parcels of property:

PARCELS OR PIECES OF PROPERTY ON WHICH NOXIOUS OR DANGEROUS WEEDS ARE TO BE REMOVED:

Parcels of real property located in the City of Mobile and more particularly described as Parcels Nos. 1 through 17, as described in the resolution adopted on the 25th day of June, 2010, and entitled: "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."

(Lot Cleaning Liens, Group No. 1427, on file in the Office of the City Clerk.)

SECTION 2. The employees of the City of Mobile assigned to the work required by this resolution are hereby expressly authorized to enter upon such described pieces of property for the purpose of removing the weeds authorized by this resolution to be removed. The owner of any of the above described pieces of property shall have the right to remove the weeds ordered by this resolution to be removed from this property, provided such removal is done prior to the arrival of the employees of the City of Mobile for that purpose; and in the event a property owner removes the weeds from his own property, no charge will be made by the City of Mobile against his property by reason of any action taken hereunder. An accurate account of the costs with respect to each piece of property shall be kept by the employees of the City of Mobile covering the costs of removing such weeds in front of or on each separate lot or parcel of land where the work is done by the City of Mobile or its employees, and promptly thereafter an itemized report in writing shall be made to the City Council showing such costs with respect to each separate lot or parcel of land, but before the report is submitted to the City Council a copy of the itemized costs with respect to each such lot or parcel of land shall be posted for at least three days prior to such report on the door of the Council Chamber at the City Hall of Mobile, Alabama, together with a notice of the time when the report will be submitted to the City Council for confirmation.

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, 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 S. VITALE PYROTECHNIC INDUSTRIES, INC., FOR THE FOURTH OF JULY FIREWORKS DISPLAY, $18,500.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-274-2010

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 professional services 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: S. Vitale Pyrotechnic Industries, Inc.

Project Name: Fourth of July Fireworks Display

Amount: $18,500.00

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 Copeland. Following comments by Councilmembers Hudson and Richardson and Mayor Jones, the vote was as follows:

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

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

APPROVE GRANT APPLICATION WITH THE U. S. DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES, FOR THE SECURE OUR SCHOOLS PROGRAM. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 31-275-2010

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor is hereby authorized to file with the U. S. Department of Justice, Office of Community Oriented Policing Services, a grant application for financial assistance in the approximate amount of $144,890.72 for WI-FI equipment and networking hardware. There is a 50% match requirement and the funds will finance the project without reoccurring cost.

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 U. S. Department of Justice and any other federal agency.

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

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

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

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO REZONE PROPERTY LOCATED ON THE NORTH SIDE OF WALL STREET, 375’+ WEST OF HILLCREST ROAD, FROM B-1, BUFFER BUSINESS DISTRICT, TO B-3, COMMUNITY BUSINESS DISTRICT (DISTRICT 6) (APPLICANT: WALL TIMBER, LLC). The following resolution was introduced by Councilmember Hudson.

RESOLUTION 41-276-2010

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the City Clerk be, and she hereby is, instructed to publish the attached proposed amendment to the Zoning Ordinance at least once a week for two consecutive weeks in a newspaper of general circulation within the municipality, together with the attached notice stating the time and place that said proposed amendment is to be considered by the City Council, and further stating that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of such amendment.

NOTICE OF HEARING ON PROPOSED AMENDMENT TO THE ZONING ORDINANCE

Notice is hereby given that the City Council of Mobile proposes to consider the adoption of the attached amendment to the Ordinance adopted on the 16th day of May, 1967, and known as the "Zoning Ordinance." The adoption of such amendment will be considered by the City Council of Mobile in the Mobile Government Plaza Auditorium, 205 Government Street, Mobile, Alabama, on the 27th day of July, 2010, at 10:30 a.m. At such time and place all persons who desire shall have an opportunity to be heard in opposition to, or in favor of the amendment. Furthermore, the City Council, at this public hearing, may consider zoning classifications other than that sought by the applicant for this property.

This notice is published pursuant to a resolution of the City Council of Mobile adopted on the 29th day of June, 2010.

AN ORDINANCE AMENDING THE ORDINANCE ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MOBILE ON THE 16TH DAY OF MAY, 1967, SAID ORDINANCE BEING COMMONLY KNOWN AS THE ZONING ORDINANCE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE AS FOLLOWS:

Section One: That the Ordinance commonly known as the Zoning Ordinance and adopted on May 16, 1967, together with the Zoning Map of the City of Mobile, 1967, be, and the same hereby is changed and altered in respect to that certain property in the City of Mobile, State of Alabama, described as follows to-wit:

LOT 6 CP INVESTMENTS SUBDIVISION RESUBDIVISION OF LOT 2 AND 2B MAP BOOK 109 PAGE 51 IN THE OFFICE OF THE JUDGE OF PROBATE, MOBILE COUNTY, ALABAMA
The classification of said property is hereby changed from B-1, Buffer Business District, to B-3, Community Business District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a B-3, Community Business District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a B-3, Community Business District, until all of the conditions set forth below have been complied with: 1) limited to the attached voluntary restrictions as submitted by the applicant on June 17, 2010; 2) future development to fully comply with local, state and federal regulations relating to threatened and endangered species, wetlands and floodplains prior to the issuance of any permits or land disturbance activities; 3) future development to comply with Engineering comments: (There is to be no fill placed within the limits of the flood plain without providing compensation. Must comply with all storm water and flood control ordinances. The construction of any new dumpster pads will require connection to sanitary sewer, cannot discharge to storm sewer. Any work performed in the right of way will require a right of way permit.); 4) provision of tree planting and landscaping areas to comply with the Zoning Ordinance; and 5) full compliance with all municipal codes and ordinances.

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

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

Ayes: Richardson, Carroll, Burrell, 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 thanked everyone who participated in her District 7 summer meeting last Thursday, June 24, 2010, at the Mobile Museum of Art.

Councilmember Gregory reminded the audience that Market in the Park continues at the Museum of Art every Thursday afternoon through July 29, 2010.

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.

Councilmember Hudson requested that the administration provide her with a list of streets in the County’s “pay-as-you-go” program in order to coordinate the City’s “streets to be resurfaced” list.

Councilmember Burrell commended everyone who participated in making last Thursday’s Arlington Point Park dedication ceremony a success.

Council President Copeland invited Mobile citizens to visit the excellent facilities at Arlington Point Park, and he thanked the State Port Authority for dedicating it to the City of Mobile.

Councilmember Richardson thanked Council President Copeland for attending yesterday’s events at Tricentennial Park. Councilmember Richardson expounded on the amenities available in Tricentennial Park.

The Presiding Officer adjourned the meeting at 11:24 a.m.

Approved: July 20, 2010

_____________________________
COUNCIL PRESIDENT

_____________________________
CITY CLERK

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