A G E N D A

REGULAR COUNCIL MEETING

CITY OF GULF SHORES, ALABAMA

OCTOBER 10, 2005

 

 1.  Call to Order

 2.                       Invocation  

 3.  Pledge of Allegiance

 4.  Roll Call

 5.  Approval of Minutes – Regular Meeting of September 26, 2005

                                              Committee Meeting of October 3, 2005

 

 6.  Approval of Payroll and Expense Vouchers

 

7.         Public Hearing

 

A.          Amend Zoning Ordinance No. 235

 Ordinance – Rezone Gulf Shores Golf Club Property – R-1A

 to PUD

B.          Consideration of Fiscal Year 2006 General Fund Budget

 Resolution – Adopt 2006 General Fund Budget

 

 8.  Presentation of Petitions, Requests and Communications

 

      A.         Application for Restaurant Retail Liquor License – Eliseo

           Barboza, dba Tequila Bay Bar and Grill

 

 9.                     Hearing of Persons Not Listed on Formal Agenda

 

10.  New Business

 

     A.          Resolution – Site Plan – Sea Oats Condominium

     B.  Resolution – Site Plan – Patel Condominium

     C.  Resolution – Amend Site Plan – Target

     D.  Resolution – Amend Outline Development Plan – Delfino

     E.  Resolution – Adopt Capital Improvements Fund Budget and

          Jack Edwards Airport Proprietary Fund Budget – Fiscal Year

          2006

     F.  Resolution – Authorize Demolition of Unsafe Structures

     G.  Resolution – Award Bid – Uniforms

     H.  Resolution – Award Bid – Debris Clearance & Sand

          Reclamation

     I.  Resolution – Authorize Agreement – Alabama Department of

          Transportation – Traffic Signal – Highway 59 at Target

     J.  Resolution – Authorize Application for Grant –

          Infrastructure Improvements at Industrial Park

     K.  Resolution – Authorize Contract – Baldwin County Economic

          Development Alliance

     L.  Resolution – Appoint Jane Foote – Library Advisory Board

     M.  Resolution – Declare Personal Property as Surplus

     N.  Ordinance  - Grant Nonexclusive Franchise – Easy-Haul, Inc.

     O.  Ordinance  - Assent to Annexation – Shelby & Frances Smith

          – County Road 4 East

     P.  Ordinance  - Assent to Annexation – Albert and Shirley

          King, LLC – County Road 8 East

     Q.  Ordinance  - Assent to Annexation – Bon Secour Fisheries,

          Inc. – County Road 6 West

 

11.  Committee Reports

     A.  Garris            B.  Doughty         C. Harris

     D.  Craft             E.  Jones

 

12.  Staff Reports

 

13.  Adjourn

 

 

 

MINUTES OF REGULAR COUNCIL MEETING

 

CITY OF GULF SHORES, ALABAMA

 

OCTOBER 10, 2005

 

 

Mayor Duke called the meeting to order at 5:00 p.m. at the City Hall.  The invocation was delivered by The Reverend Deral Rollings, St. Jude’s by the Sea Church.  The Pledge of Allegiance to the flag was led by Mayor Duke.

 

Upon roll call, the following officials answered "present":  Councilmen Garris, Doughty, Harris, Craft, Jones, and Mayor Duke.  The Mayor declared a quorum present.

 

Mayor Duke welcomed Webelos 1, Pack 49, of the local Cub Scouts.

 

Councilman Jones moved to approve the minutes of the regular meeting of September 26, 2005, as presented; seconded by Councilman Garris; and the vote was unanimously in favor of the motion.

 

Councilman Harris moved to approve the minutes of the Council work session of October 3, 2005, as presented; seconded by Councilman Jones; and the vote was unanimously in favor of the motion.

 

Councilman Craft moved to approve the payroll and expense vouchers in the amount of $2,993,856.32; seconded by Councilman Jones; and the vote was unanimously in favor of the motion.

 

The City Clerk noted that the complete list of vouchers to be paid, as reflected on a computer printout, had been made a permanent record in the Clerk's office.

 

Mayor Duke stated that this was the time and place for the public hearing, as advertised, on the proposed amendment to the Zoning Ordinance as it relates to the rezoning of the Gulf Shores Golf Club property.

 

The City Clerk stated that this public hearing had been advertised as required by law, as reflected by the following affidavits of publication:

 



 

Steve Foote, Planning Director, noted the recommendations of his Department and the Planning Commission in support of the rezoning, as reflected by the following communications:

 


 

The Mayor asked if there was anyone present who wished to comment on the proposed zoning amendment. 

 

Joe Bullock spoke on behalf of the applicant and explained the project to the Council.

 

Councilman Doughty expressed concern with the increase in density and proposed parking.  Councilman Craft stated adequate parking should be provided for the golf course when special events occur.

 

The City Clerk stated no written communications had been received in this regard.

 

Councilman Harris moved for unanimous consent of the Council to suspend the rules of procedure to allow for the immediate consideration of the following Ordinance:

 

ORDINANCE NO. 1380

 

AN ORDINANCE AMENDING ORDINANCE NO. 235

(ZONING ORDINANCE), ADOPTED MAY 10, 1982,

BY CHANGING THE ZONING CLASSIFICATION

OF A 175-ACRE PARCEL DESCRIBED HEREIN

IN REZONING CASE Z2005-13,

FROM R-1A TO PUD; AND

APPROVING OUTLINE DEVELOPMENT PLAN OF

PLANNED UNIT DEVELOPMENT TO BE KNOWN AS

GULF SHORES GOLF CLUB

IN ACCORDANCE WITH SECTION 13-6

OF ZONING ORDINANCE

__________________________________________

 

     BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON OCTOBER 10, 2005, as follows:

 

    Section 1.  That, in respect to that certain property described as follows:

 

In the State of Alabama, County of Baldwin, and City of Gulf Shores, and being more particularly described as follows:

 

Commence at the southeast corner of Lot Number 1 of Unit Number 3 of Gulf Shores Golf Club Estates Subdivision, as shown by map or plat thereof recorded in Map Book 6, at Page 173, Probate Records, Baldwin County, Alabama, for a point of beginning and run thence North 00 degrees 11’58” East, a distance of 1046.10 feet to a round concrete monument; thence run northwardly, along a curve to the right, having a radius of 1790.05 feet, an arc distance of 730.61’ (chord bears north 11 degrees 54’26” East, 725.55’) to an iron pin marker; thence run northeastwardly and northwestwardly, along a curve to the left, having a radius of 707.72’, an arc distance of 843.91’ (chord bears North 10 degrees 38’20” West, 794.79’); thence run North 44 degrees 54’16” West, a distance of 277.94’ to an iron pin marker; thence run North 44 degrees 53’19” West, a distance of 907.53’ to an iron pin marker; thence run Northwestwardly, along a curve to the right, having a radius of 146.90’, an arc distance of 109.30’ (chord bears North 21 degrees 25’52” West, 106.79’) to an iron pin marker; thence run North 01 degrees 08’20” West, a distance of 300.05’ to an iron pin marker; thence run Northeastwardly, along a curve to the right, having a radius of 145.82’, an arc distance of 345.45’(chord bears North 66 degrees 55’28” East, 270.15’) to an iron pin marker; thence run South 44 degrees 49’58” East, a distance of 1200.09’ to an iron pin marker; thence run southeastwardly, along a curve to the left, having a radius 447.35’, an arc distance of 514.77’ (chord bears south 78 degrees 07’06” East, 486.84’) to an iron pin marker; thence run North 46 degrees 09’46” East, a distance of 109.80’ to an iron pin marker; thence run Northeastwardly, along a curve to the left, having a radius of 417.36’, an arc distance of 354.29’ (chord bears North 30 degrees 33’23” East, 343.75’) to an iron pin marker; thence run North 01 degree 41’25” East, a distance of 197.51’ to an iron pin marker; thence run Northeastwardly and Northwestwardly, along a curve to the left, having a radius of 252.71’, an arc distance of 793.87’ (chord bears North 23 degrees 50’06” West, 505.41’) to an iron pin marker; thence run Northeastwardly, along a curve to the right, having a radius of 1169.59’, an arc distance of 963.50’ (chord bears North 14 degrees 21’23” East, 936.48’) to a 4-inch concrete monument; thence run Northeastwardly, Northwestwardly, and Southwestwardly, along a curve to the left, having a radius of 292.08’, an arc distance of 1305.52’ (chord bears North 52 degrees 08’57” West, 460.04’) to a 4-inch concrete monument; thence run Southwestwardly, along a curve to the left, having a radius of 1629.78’, an arc distance of 1342.85’ (chord bears south 14 degrees 19’14” West, 1305.19’) to an iron pin marker; thence run South 22 degrees 30’30” East, 72.13’ to an iron pin marker; thence run South 67 degrees 29’11” West, 139.89’ to an iron pin marker; thence run North 77 degrees 00’22” West, 80.09’ to an iron pin marker; thence run North 44 degrees 54’00” West, a distance of 586.27’ to a 4-inch concrete monument; thence run Northwardly, along a curve to the right, having a radius of 346.40’, an arc distance of 362.96’ (chord bears north 14 degrees 55’59” west, 346.58’) to an iron pin marker; thence run North 15 degrees 11’19” East, a distance of 803.38’; thence run Northeastwardly, Eastwardly, and Southeastwardly, along a curve to the right, having a radius of 987.64’, an arc distance of 2001.98’ (chord bears North 73 degrees 13’04” East, 1676.42’); thence run South 48 degrees 42’54” East, a distance of 1108.90’ to an iron pin marker; thence run Southeastwardly, along a curve to the left, having a radius of 218.29’, an arc distance of 100.63’ (chord bears south 61 degrees 57’58” East, 99.75’) to an iron pin marker; thence run South 75 degrees 12’57” East, a distance of 670.36’ to a 4-inch concrete monument; thence run Eastwardly, along a curve to the left, having a radius of 750.23’, an arc distance of 198.16’ (chord bears south 82 degrees 16’22” East, 197.59’) to an iron pin marker; thence run Southeastwardly and Southwestwardly, along a curve to the right, having a radius of 190.00’, an arc distance of 596.71’ (chord bears south 00 degrees 17’50” West, 380.00’) to a 1-inch crimp top iron pipe marker; thence run North 89 degrees 10’07” West, a distance of 5.35’ to a crimp top iron pipe marker; thence run Southwestwardly, along a curve to the left, having a radius of 1829.53’, an arc distance of 192.30’ (chord bears South 87 degrees 25’24” West, 192.21’); thence run South 84 degrees 12’00” West, a distance of 701.07’ to a 4-inch concrete monument; thence run South 32 degrees 28’55” West, a distance of 1741.32’ to an iron pin marker; thence run South 44 degrees 35’15” West, a distance of 380.15’ to an iron pin marker; thence run South 43 degrees 17’46” West, a distance of 184.76’ to an iron pin marker; thence run Southwestwardly, along a curve to the left, having a radius of 261.0’, an arc distance of 239.82’ (chord bears South 17 degrees 59’27” West, 231.48’); thence run South 07 degrees 53’47” East, 90.70’; thence run southwardly, along a curve to the right, having a radius of 475.71’, an arc distance of 360.50’ (chord bears South 13 degrees 48’49” West, 351.94’) to a 1-inch crimp top iron pipe marker; thence run Southwestwardly, along a curve to the left, having a radius of 1772.27’, an arc distance of 1082.89’ (chord bears south 17 degrees 41’21” West, 1066.12’) to a 4-inch concrete monument; thence run south 00 degrees 14’42” West, a distance of 730.60’ to a point on the North right-of-way of the Dixie Graves Parkway (aka Alabama Highway Number 180); thence run South 80 degrees 14’24” West, along the North right-of-way of said Highway, a distance of 273.73 feet to a 4-inch X 4-inch concrete right of way monument at station 997+32; thence run Southwestwardly along a curve to the left, having a radius of 5894.65’, an arc distance of 233.83’, (chord bears South 79 degrees 56’38” West) to the Point of Beginning.  Tract contains 175.38 acres, more or less, and lies in the Southeast Quarter of Section 7 and in the Northeast Quarter of Section 18, Township 9 South, Range 4 East, St. Stephens Meridian, Baldwin County, Alabama.

 

    Ordinance No. 235 (Zoning Ordinance), adopted May 10, 1982, along with the Zoning Map of the City of Gulf Shores, be and it is hereby amended and altered by rezoning those certain parcels of real property herein described from R-1A (low density single family residential) to PUD (planned unit development).

 

    Section 2.  That the outline development plan of the Planned Unit Development to be known as Gulf Shores Golf Club, be and the same is hereby approved as submitted, in accordance with Section 13-6 of the Zoning Ordinance, contingent upon:

 

A.          The site is required 430 parking spaces and only 395 spaces are provided.

B.          It appears that protected trees are located on the site.  If the preliminary PUD is approved, the applicant shall provide a tree survey at Final PUD approval.  Such information may require adjustments to the Site Plan.

C.          The density of the proposal shall be limited to a figure that is compatible with the adjacent land uses.

D.          The Public Works Department is still reviewing the traffic study.  Correspondence between the applicant and the Public Works Department is included with the staff report.

 

    Section 3.  That the decision of the City Council is that the Planned Unit Development is in the public interest, based on the following findings of fact and conclusions:

 

A.  The Plan is consistent with the statement and purpose of Planned Unit Developments and the City's development plan.

 

B.  The Plan is consistent with zoning and subdivision regulations.

 

C.  The purpose, location, amount of common open space, and the reliability of the proposal for maintenance and conservation of the common open space are adequate as related to the proposed density and type of development.

 

D.  The design of the Plan adequately provides for public services, control of vehicular traffic and parking, and furthers the amenities of light, air, and visual enjoyment.

 

E.  The relationship of the proposed Planned Unit Development to the neighborhood in which it is proposed to be established is beneficial.

 

    Section 4.  Outline Development Plan approval, with or without special conditions, shall represent the zoning of that area contained within the Plan.  Application for final Planned Unit Development of Gulf Shores Golf Club shall be filed within six (6) months from the date of approval of the Outline Development Plan.  Development shall be completed within five (5) years of final approval of the Planned Unit Development.

   

    Section 5. That this Ordinance shall become effective upon its adoption and publication as required by law.

 

The motion for unanimous consent was seconded by Councilman Craft; and upon the question, the vote thereon was as follows:  Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye."  Mayor Duke then declared the rules suspended.

 

Councilman Garris then moved for the adoption of Ordinance No. 1380 and to waive the reading of said Ordinance at length.  The motion for the adoption of Ordinance No. 1380 was seconded by Councilman Jones; was regularly put; was discussed and considered in full by the Council; and upon the question, the vote thereon was as follows: Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye."  Whereupon, the Mayor declared Ordinance No. 1380 duly and legally adopted.

 

Mayor Duke stated that this was the time and place for the public hearing, as advertised, relative to the proposed Fiscal Year 2006 General Fund Budget.

 

The City Clerk reported the dates on which the required advertising was done.  There were no written objections received and no citizens appeared at the hearing to comment.

 

Councilman Craft introduced and moved for the adoption of the following Resolution:

 

    



 

The motion for the adoption of Resolution No. 3947-05 was seconded by Councilman Jones; was regularly put; was discussed and considered in full by the Council; and upon the question, the vote thereon was as follows:  Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye."  Whereupon, the Mayor declared Resolution 3947-05 duly and legally adopted.

 

Councilman Craft commended the Accounting Manager, City Administrator and Department Heads on their hard work on the budget.

 

The City Clerk presented the Application for Restaurant Retail Liquor License of Eliseo Barbosa, dba Tequila Bay Bar and Grill, 5160 Highway 180, Suite B, Gulf Shores, Alabama.

 

Chief of Police Bourne indicated he did not object to the issuance of the license. 

 

Whereupon, Councilman Jones moved to approve the application of Eliseo Barbosa, dba Tequila Bay Bar and Grill, for a restaurant retail liquor license and to so notify the ABC Board; seconded by Councilman Garris; and the vote was unanimously in favor of the motion.

 

Mayor Duke asked if there was anyone present who wished to address the Council but had been unable to get on the formal agenda. There was no response. 

 

Upon the request of the Mayor, City Planner Steve Foote presented the following memoranda from his Department and the Planning Commission relative to the Site Plan for Sea Oats Condominium:

 



 

Councilman Garris introduced and moved for the adoption of the following Resolution:

 

     RESOLUTION NO. 3948-05

 

A RESOLUTION APPROVING SITE PLAN OF

SOC I, LLC

FOR A DEVELOPMENT TO BE KNOWN AS

SEA OATS CONDOMINIUM

LOCATED AT 1872 WEST BEACH BOULEVARD;

AND SETTING FORTH FINDINGS OF FACT AND

CONCLUSIONS, IN ACCORDANCE WITH REQUIREMENTS

OF ARTICLE 15 OF ZONING ORDINANCE NO. 235

(SP2005-17)

____________________________________________

 

          BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON OCTOBER 10, 2005, as follows:

 

          Section 1.  That the Site Plan of SOC I, LLC for three 19-story condominium buildings, to be known as Sea Oats Condominium, located at 1872 West Beach Boulevard, be and it is hereby approved.

 

     The Site Plan approved and referenced herein shall be comprised of the following exhibits: Exhibit A – Plans submitted by SOC I, LLC dated October 10, 2005.

 

          Section 2.  That the decision of the Council is that the Site Plan is in the public interest, based on the following findings of fact and conclusions:

 

          A.   The plan is consistent with the comprehensive plan and the           purpose and intent of the zoning district in which it is      located – BTL-3 (medium density tourist lodging).

 

          B.   The plan is in conformance with applicable regulations of           the zoning district in which it is located.  The plan              meets or exceeds area and setback requirements.

 

          C.   The plan is in conformance with the City's subdivision         regulations and all other applicable City requirements         including design, adequacy and construction of streets,        drainage, utilities and other essential services or            facilities.

 

          ALL CONSTRUCTION SHALL BE CONSISTENT WITH THE SITE PLAN        APPROVED BY COUNCIL AND COMPLY WITH ALL ZONING AND            OTHER APPLICABLE REGULATIONS OF THE CITY, CONTINGENT            UPON:

 

1)              No parking signage shall be provided in the turn around areas in the parking deck.

2)              If piers or boat slips are proposed, they shall be shown on the plans and ADEM and Corps of Engineers permits shall be submitted approving such structures.

3)              An ALDOT permit is required to be submitted approving the locations of the three (3) proposed driveways.

4)              When the older buildings on site are demolished, the existing beach access becomes null and void.  A Special Exception will need to be approved by the Zoning Board of Adjustments to allow beach access.

 

          D.   The plan is consistent with good design standards in                respect to all internal and external relationships,            including but not limited to:

 

                   1)   Relationship to adjoining properties;

              2)   Internal circulation, both vehicular and pedestrian;

              3)   Design of access and egress and impact on                     adjoining

            streets;

              4)   Disposition and use of open space, provision of                   

            screening and/or buffering, and preservation of                  existing

            natural features including trees, wetlands,            and dunes;

                   5)   Size and bulk of the structure meets or exceeds                   

            compliance with area requirements;

              6)   Building arrangements both between buildings in                   the

            proposed development and those on adjoining                 sites.

 

          E.   The plan is in conformance with City policy in respect to           sufficiency of ownership. The City does not, by                    this approval, assume any responsibility for title or              survey problems which may arise. 

 

          Section 3.  That this Resolution shall become effective upon its adoption.

 

The motion for the adoption of Resolution No. 3948-05 was seconded by Councilman Jones; was regularly put; was discussed and considered in full by the Council; and upon the question, the vote thereon was as follows:  Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye."  Whereupon, the Mayor declared Resolution 3948-05 duly and legally adopted.

 

Upon the request of the Mayor, City Planner Steve Foote presented the following memoranda from his Department and the Planning Commission relative to the Site Plan for Patel Condominium.

 

    



 

A discussion ensued relative to the bonus units that would be allowed for this project. It was determined the Patel Condominium would be allowed 16 bonus units due to the provision of additional parking above and beyond what is required.

 

Councilman Jones introduced and moved for the adoption of the following Resolution:

 

     RESOLUTION NO. 3949-05

 

A RESOLUTION APPROVING SITE PLAN OF

BULLOCK TICE ASSOCIATES

FOR A DEVELOPMENT TO BE KNOWN AS

PATEL CONDOMINIUM

LOCATED AT 610 WEST BEACH BOULEVARD;

AND SETTING FORTH FINDINGS OF FACT AND

CONCLUSIONS, IN ACCORDANCE WITH REQUIREMENTS

OF ARTICLE 15 OF ZONING ORDINANCE NO. 235

(SP2005-11)

____________________________________________

 

          BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON OCTOBER 10, 2005, as follows:

 

          Section 1.  That the Site Plan of Bullock Tice Associates for  a twenty-three story, 106-unit multi-family structure, to be known as Patel Condominium, located at 610 West Beach Boulevard, be and it is hereby approved.

 

     The Site Plan approved and referenced herein shall be comprised of the following exhibits: Exhibit A – Plans submitted by Bullock Tice Associates dated October 10, 2005.

 

          Section 2.  That the decision of the Council is that the Site Plan is in the public interest, based on the following findings of fact and conclusions:

 

          A.   The plan is consistent with the comprehensive plan and the           purpose and intent of the zoning district in which it is      located – BTB-2 (medium density tourist business district).

 

          B.   The plan is in conformance with applicable regulations of           the zoning district in which it is located.  The plan              meets or exceeds area and setback requirements.

 

          C.   The plan is in conformance with the City's subdivision         regulations and all other applicable City requirements         including design, adequacy and construction of streets,        drainage, utilities and other essential services or            facilities.

 

          ALL CONSTRUCTION SHALL BE CONSISTENT WITH THE SITE PLAN        APPROVED BY COUNCIL AND COMPLY WITH ALL ZONING AND            OTHER APPLICABLE REGULATIONS OF THE CITY, CONTINGENT            UPON:

 

                   1)        The applicant proposes 386 parking spaces and must

provide 403 parking spaces.

2)              The applicant and City should attempt to get ALDOT to

approve a median break, crosswalk or other type of pedestrian safety device in order to facilitate safe pedestrian movement from the West 5th Street public parking area to the West 5th Street beach access.

3)              A letter shall be submitted from the waste provider indicating convenient access to the dumpster and adequate backing room.  Dumpsters that would be visible from a public street or from abutting or adjacent property shall be completely screened from such visibility by an opaque fence or wall that is a minimum of six foot (6’) in height, but not less than the height of the dumpster.  Such fence or wall shall incorporate materials and colors of the principal building.

4)              The BTB zoning district limits the total square footage of any sign fronting a public street to 125 square feet.  On the Master Signage Plan, the largest sign face fronting on West Beach Boulevard is 177 square feet.  The Master Signage Plan shall be revised to address this requirement.

5)              Applicant shall provide site lighting details illustrating mounting height, wattage, and fixture type of proposed luminaries (Art. 12-1.F.5.).  Monochromatic low pressure sodium lighting, or other turtle friendly lighting, is required exterior lighting for condominiums along East and West Beach Boulevards.  A maximum light pole height of twenty feet (20’) is recommended.

6)              The applicant shall submit colored renderings of the north, south, east and west elevations which clearly explain and call out on the plans how the site meet the architectural requirements of the Zoning Ordinance.

7)              The applicant shall provide documentation that the site which is to be given to the City for public parking at West 10th Street has been subdivided, if required, and is owned by the applicant.

8)              No Certificate of Occupancy will be issued for the condominium building until improvements have been completed and the property has been deeded to the City of Gulf Shores.  The plan shall include a minimum of 25 paved parking spaces, sidewalks, landscaping and irrigation.  The developer/applicant shall construct all improvements as required by the City, or may, subject to City Council discretion, pay to the City the amount to construct the improvements.

9)              The City Horticulturist will need to approve the landscaping proposed for the West 5th Street right-of-way parking lots and any landscaping proposed for the parking lot to be located at West Lagoon and West 10th Street.  Applicant must meet with the Community Development Department to discuss the requirements of the City Horticulturist.

10)         Due to the City maintenance of the 5th Street parking lot, sand oaks will not be allowed.

11)         The following Public Works Department comments must be addressed:

Ψ      Drainage – The proposed curb to be constructed next to Highway 182 needs to be eliminated and replaced with a shallow grassed swale constructed on the right-of-way.  No treatment of the runoff from the new parking lot to be constructed in the West 5th Street right-of-way has been shown.  Direct discharge from this parking area will carry pollutants (oils, etc.) and sediments into the wetlands.  To prevent this, the construction of sedimentation/filtration beds with proper vegetation to remove pollutants is required.

Ψ      West 5th Street Parking Improvements – Paved parking in the existing part of the West 5th Street right-of-way should not be extended past where it currently exists.  If the City Council approves extending the parking past where it currently exists, a wave height study will need to approve the landscaping proposed for the West 5th Street right-of-way parking lots.  Showers shall be added back to the beach access and only one kiosk per parking lot (north and south of West Beach Boulevard) will be permitted.  Construction details for the kiosks shall be provided to the City prior to the issuance of a building permit.

Ψ      Traffic Circulation – A “one way” sign needs to be shown at the entrance to the northern West 5th Street parking lot.  The developer will need to obtain a permit from ALDOT for the sidewalk and curb to be constructed on Highway 182 right-of-way.

Ψ      Parking Lot and Driveway Lighting – A parking lot lighting plan in accordance with Section 12-1.F.5. of the Zoning Ordinance must be provided prior to building permit approval.  A detail showing the fixture type, mounting height and wattage for proposed parking lot lights needs to be added to the plan.  Lighting must be arranged so as not to intrude on neighboring properties.  Exterior lighting for condominiums and commercial developments on East and West Beach Boulevards must be monochromatic lighting or shielded so that it does not attract baby sea turtles away from the water.

 

          D.   The plan is consistent with good design standards in                respect to all internal and external relationships,            including but not limited to:

 

              1)   Relationship to adjoining properties;

              2)   Internal circulation, both vehicular and pedestrian;

              3)   Design of access and egress and impact on                      adjoining

            streets;

              4)   Disposition and use of open space, provision of                  

            screening and/or buffering, and preservation of                  existing

            natural features including trees, wetlands,            and dunes;

                   5)   Size and bulk of the structure meets or exceeds                   

            compliance with area requirements;

              6)   Building arrangements both between buildings in                   the

            proposed development and those on adjoining                 sites.

 

          E.   The plan is in conformance with City policy in respect to           sufficiency of ownership. The City does not, by                    this approval, assume any responsibility for title or              survey problems which may arise. 

 

          Section 3.  That this Resolution shall become effective upon its adoption.

 

The motion for the adoption of Resolution No. 3949-05 was seconded by Councilman Harris; was regularly put; was discussed and considered in full by the Council; and upon the question, the vote thereon was as follows:  Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye."  Whereupon, the Mayor declared Resolution 3949-05 duly and legally adopted.

 

Upon the request of the Mayor, Zoning Administrator Andy Bauer presented the following communications from his Department and the Planning Commission relative to the modification to the Target site plan:

 



 

Councilman Doughty introduced and moved for the adoption of the following Resolution:

 

RESOLUTION NO. 3950-05

 

A RESOLUTION

AMENDING RESOLUTION NO. 3867-05,

ADOPTED JUNE 27, 2005,

WITH REGARD TO

AMENDMENT TO SITE PLAN

OF TARGET RETAIL STORE

________________________________

 

          BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON OCTOBER 10, 2005, as follows:

 

Section 1.  That Resolution No. 3867-05, adopted June 27, 2005, approving the Site Plan of Colonial Properties Trust for a 126,874 square foot retail store, to be known as Target, be and it is hereby amended to allow:

 

1.              Fire lane pavement changed to heavy duty paving.

2.              Storm drain pipe changed to HDPE.

 

     Section 2.  That this Resolution shall become effective upon its adoption.

 

The motion for the adoption of Resolution No. 3950-05 was seconded by Councilman Garris; was regularly put; was discussed and considered in full by the Council; and upon the question, the vote thereon was as follows:  Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "abstain," Councilman Jones, "aye," and Mayor Duke, "aye."  Whereupon, the Mayor declared Resolution 3950-05 duly and legally adopted.

 

Councilman Craft introduced and moved for the adoption of the following Resolution:

 

     RESOLUTION NO. 3951-05

 

A RESOLUTION

AMENDING RESOLUTION NO. 3865-05,

ADOPTED JUNE 27, 2005,

WITH REGARD TO

AMENDMENT TO OUTLINE DEVELOPMENT PLAN

OF PLANNED UNIT DEVELOPMENT

TO BE KNOWN AS DELFINO

_____________________________________

 

          BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON OCTOBER 10, 2005, as follows:

 

Section 1.  That Resolution No. 3865-05, adopted June 27, 2005, approving the Outline Development Plan of the Planned Unit Development to be known as Delfino (formerly The Resort at Canal Harbor) be and it is hereby amended as follows:

 

1.              Building “C” has increased in several areas, but has more variations along with a smaller footprint to improve the site lines through the property.

2.              Building “B” has increased but has taken on a more unique shape enabling the height increase to be at the rear of the building while keeping the height along the Intracoastal within the current zoning maximums.

3.              Building “A” is a combination of the four (4) buildings originally proposed, but these buildings are lower than originally approved.

4.              Marina has been redesigned to create a harbor community.

5.              Entire frontage of the Intracoastal Canal has been designed as a linear park with the Intracoastal boardwalk constructed through the existing vegetation.

6.              Replacing the Conceptual Master Plan/Phasing Plan dated

April 25, 2005 (sheet 3 of 6) with the revised Site Plan dated September 9, 2005, which includes a revised phasing schedule. 

7.              The realignment of Mildred Casey Road, as proposed in Phase II of the revised site plan, may not be constructed until it is demonstrated to the satisfaction of the City Council that the realignment is in the best interest of the City of Gulf Shores and adjacent property owners.  The applicant shall attempt to achieve a consensus among adjacent property owners in support of the revised alignment and provide such documentation to the City. 

 

     Section 2.  That this Resolution shall become effective upon its adoption.

 

The motion for the adoption of Resolution No. 3951-05 was seconded by Councilman Harris; was regularly put; was discussed and considered in full by the Council; and upon the question, the vote thereon was as follows:  Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye."  Whereupon, the Mayor declared Resolution 3951-05 duly and legally adopted.

 

Councilman Jones introduced and moved for the adoption of the following Resolution:

 

    



 

The motion for the adoption of Resolution No. 3952-05 was seconded by Councilman Garris; was regularly put; was discussed and considered in full by the Council; and upon the question, the vote thereon was as follows:  Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye."  Whereupon, the Mayor declared Resolution 3952-05 duly and legally adopted.

 

Councilman Harris introduced and moved for the adoption of the following Resolution:

 

     RESOLUTION NO. 3953-05

 

     A RESOLUTION

AUTHORIZING DEMOLITION OF STRUCTURES

DEEMED TO BE UNSAFE

     ____________________________________

 

                   WHEREAS, the City has adopted Section 110 of the International Property Maintenance Code, 2003 Edition, which provides for the demolition of structures determined to be unsafe after written notice to the owners of such; and

 

          WHEREAS, the City has provided proper written notice to the owners of structures made unsafe by Hurricane Ivan; and

 

     WHEREAS, certain owners have not complied with the City’s directive to either make the structures safe or demolish such within a stipulated time;

 

          NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON OCTOBER 10, 2005, as follows:

 

          Section 1.  That the below-listed structures have been deemed unsafe by the City Building Official and Morgan Excavating is hereby authorized to demolish such structures at a cost not to exceed the specified amount:

 

605 West Beach Blvd. - $8,300.00

1899 West Beach Blvd. - $10,100.00

1517 West Beach Blvd. - $8,000.00

509 Gulf Shores Parkway - $6,600.00

 

               Section 2.  That this Resolution shall become effective upon its adoption.

 

The motion for the adoption of Resolution No. 3953-05 was seconded by Councilman Garris; was regularly put; was discussed and considered in full by the Council; and upon the question, the vote thereon was as follows:  Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye."  Whereupon, the Mayor declared Resolution 3953-05 duly and legally adopted.

 

The City Clerk read into the record the following bid tabulation:

 



 

Councilman Craft introduced and moved for the adoption of the following Resolution:

 

     RESOLUTION NO. 3954-05

 

A RESOLUTION ACCEPTING THE BID OF

G & K SERVICES

IN THE AMOUNT OF $44,095.00

FOR UNIFORMS FOR THREE-YEAR PERIOD;

AUTHORIZING EXECUTION OF CONTRACT; AND

AUTHORIZING PAYMENT OF CONTRACT AMOUNT FROM

THE GENERAL FUND BUDGET

_______________________________________________________

 

          BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON OCTOBER 10, 2005, as follows:

 

          Section 1.  That the bid of G & K Services in the amount of $44,095.00 for uniforms for City employees for a three-year period, be and the same is hereby accepted, being the lowest, most responsible, among sealed bids opened on October 10, 2005.

 

          Section 2.  That the Mayor and City Clerk be and they are hereby authorized and directed to execute and attest, respectively, a contract between the City and G & K Services to accomplish such service.

 

          Section 3.  That the funds for payment for such contract amount be drawn from the General Fund Budget, M & O Accounts of the Recreation Division, Custodial Division, Landscape Division, Streets Division, and Maintenance Division for Fiscal Year 2006.

 

          Section 4.  That this Resolution shall become effective upon its adoption.

 

The motion for the adoption of Resolution No. 3954-05 was seconded by Councilman Jones; was regularly put; was discussed and considered in full by the Council; and upon the question, the vote thereon was as follows:  Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye."  Whereupon, the Mayor declared Resolution 3954-05 duly and legally adopted.

 

The City Clerk read into the record the following bid tabulation:

 



 

Councilman Jones introduced and moved for the adoption of the following Resolution:

 

     RESOLUTION NO. 3955-05

 

A RESOLUTION ACCEPTING THE BID OF

GULF EQUIPMENT CORPORATION

IN THE AMOUNT OF $3,529,000.00

FOR DEBRIS CLEARANCE AND

SAND RECLAMATION AS A RESULT

OF HURRICANE KATRINA; 

AUTHORIZING, RATIFYING, AND

CONFIRMING EXECUTION OF CONTRACT; AND

AUTHORIZING PAYMENT OF AMOUNT FROM

THE STORM DAMAGE FUND BUDGET

______________________________________

 

          BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON OCTOBER 10, 2005, as follows:

 

          Section 1.  That the bid of Gulf Equipment Corporation in the amount of $3,529,000.00 for debris clearance and sand reclamation as a result of Hurricane Katrina, be and the same is hereby accepted, being the lowest, most responsible, among sealed bids opened on September 20, 2005.

 

          Section 2.  That the contract for debris clearance and sand reclamation in the contract amount of $3,529,000.00 with Gulf Equipment Corporation is hereby authorized, approved and ratified.

 

          Section 3.  That the Mayor is hereby authorized to execute, in the name and on behalf of the City of Gulf Shores, the described contract.  The City Clerk is hereby authorized to seal and attest said contract.  Any prior approval and execution of said contract is hereby ratified and approved.

 

          Section 4.  That the funds for payment for such amount be drawn from the Storm Damage Fund Budget for Fiscal Year 2006.

 

          Section 5.  That this Resolution shall become effective upon its adoption.

 

The motion for the adoption of Resolution No. 3955-05 was seconded by Councilman Garris; was regularly put; was discussed and considered in full by the Council; and upon the question, the vote thereon was as follows:  Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye."  Whereupon, the Mayor declared Resolution 3955-05 duly and legally adopted.

 

Councilman Harris introduced and moved for the adoption of the following Resolution:


 

RESOLUTION NO. 3956-05

 

     A RESOLUTION

AUTHORIZING AND DIRECTING

MAYOR AND CITY CLERK

TO EXECUTE AND ATTEST, RESPECTIVELY,

AGREEMENT WITH

ALABAMA DEPARTMENT OF TRANSPORTATION

FOR INSTALLATION OF TRAFFIC SIGNAL

AT ALABAMA 59 AND CRAFT FARMS TARGET ACCESS

____________________________________________

 

          BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON OCTOBER 10, 2005, as follows:

 

          Section 1.  That the City of Gulf Shores enter into an Agreement with the State of Alabama, acting by and through the Alabama Department of Transportation, for installation and operation of a new traffic signal at the intersection of Alabama Route 59 and the Craft Farms Target Access/Parkway South.

 

          Section 2.      That the Agreement is before this Council, and that the agreement be executed in the name of the City, by its Mayor, for and on its behalf.

 

          Section 3.  That the signature of the Mayor be attested by the City Clerk and that the seal of the City be affixed to the agreement.

 

          Section 4.  That this Resolution shall become effective upon its adoption.

 

The motion for the adoption of Resolution No. 3956-05 was seconded by Councilman Jones; was regularly put; was discussed and considered in full by the Council; and upon the question, the vote thereon was as follows:  Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "abstain," Councilman Jones, "aye," and Mayor Duke, "aye."  Whereupon, the Mayor declared Resolution 3956-05 duly and legally adopted.

 

Councilman Jones introduced and moved for the adoption of the following Resolution:

 

     RESOLUTION NO. 3957-05

 

     A RESOLUTION

AUTHORIZING, RATIFYING AND CONFIRMING

EXECUTION OF APPLICATION

FOR FUNDING FOR FILING

WITH THE ALABAMA INDUSTRIAL ACCESS

ROAD AND BRIDGE CORPORATION

TO FACILITATE OBTAINING FINANCIAL ASSISTANCE

IN THE AMOUNT OF $864,532.80

FOR INFRASTRUCTURE IMPROVEMENTS AT

GULF SHORES BUSINESS AND INDUSTRIAL PARK

     ____________________________________________

 

          BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON OCTOBER 10, 2005, as follows:

 

          Section 1.  That the Mayor be and he is hereby authorized and directed to execute an application for funding for filing with the Alabama Industrial Access Road and Bridge Corporation to facilitate obtaining financial assistance in the amount of $864,532.80 for infrastructure improvements at the Gulf Shores Business and Industrial Park.  The City Clerk is hereby authorized to seal and attest said application.  Any prior approval and execution of said contract is hereby ratified and approved.

 

          Section 2.  That this Resolution shall become effective upon its adoption.

 

The motion for the adoption of Resolution No. 3957-05 was seconded by Councilman Garris; was regularly put; was discussed and considered in full by the Council; and upon the question, the vote thereon was as follows:  Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye."  Whereupon, the Mayor declared Resolution 3957-05 duly and legally adopted.

 

Councilman Doughty introduced and moved for the adoption of the following Resolution:

 

RESOLUTION NO. 3958-05

 

A RESOLUTION AUTHORIZING AND DIRECTING THE

MAYOR AND CITY CLERK TO EXECUTE

AND ATTEST, RESPECTIVELY,

CONTRACT WITH

BALDWIN COUNTY ECONOMIC DEVELOPMENT ALLIANCE, INC.

FOR ECONOMIC DEVELOPMENT AND

WORKFORCE DEVELOPMENT SERVICES;

AND AUTHORIZING PAYMENT OF SUCH AMOUNT FROM

THE GENERAL FUND BUDGET

     ______________________________________________________

 

     BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON OCTOBER 10, 2005, as follows:

 

     Section 1.  That the Mayor and City Clerk be and they are hereby authorized and directed to execute and attest, respectively, a contract between the City of Gulf Shores and Baldwin County Economic Development Alliance, Inc. for economic development and workforce development services; in substantially the form presented to Council this date.

 

     Section 2.  That the funds for payment for such contract be drawn from the General Fund Appropriations Budget for Fiscal Year 2006.

 

     Section 3.  That this Resolution shall become effective upon its adoption.

 

The motion for the adoption of Resolution No. 3958-05 was seconded by Councilman Garris; was regularly put; was discussed and considered in full by the Council; and upon the question, the vote thereon was as follows:  Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye."  Whereupon, the Mayor declared Resolution 3958-05 duly and legally adopted.

 

Councilman Jones introduced and moved for the adoption of the following Resolution:

 

RESOLUTION NO. 3959-05

 

A RESOLUTION APPOINTING

JANE FOOTE

TO THE LIBRARY ADVISORY BOARD

TO SERVE THE UNEXPIRED TERM OF

ED MOSER EXPIRING NOVEMBER 1, 2006

______________________________

 

     BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON OCTOBER 10, 2005, as follows:

 

    Section 1.  That Jane Foote be and she hereby is appointed to the Library Advisory Board to serve the unexpired term of Ed Moser expiring on November 1, 2006.

 

          Section 2.  That this Resolution shall become effective upon its adoption.

 

The motion for the adoption of Resolution No. 3959-05 was seconded by Councilman Garris; was regularly put; was discussed and considered in full by the Council; and upon the question, the vote thereon was as follows:  Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye."  Whereupon, the Mayor declared Resolution 3959-05 duly and legally adopted.

 

Councilman Garris introduced and moved for the adoption of the following Resolution:

 

RESOLUTION NO. 3960-05

 

A RESOLUTION DECLARING CERTAIN PERSONAL PROPERTY

SURPLUS AND UNNEEDED; AND AUTHORIZING THE MAYOR

AND CITY CLERK TO DISPOSE OF SUCH PROPERTY

        _________________________________________________

 

    BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON OCTOBER 10, 2005, as follows:

 

    Section 1.  That the following personal property owned by the City of Gulf Shores, Alabama, is not needed for public or municipal purposes:

 

1 ea.   Rolodex

2 ea.   Mouse pads

1 ea.   Desktop copy holder

7 ea.   Plastic picture frames

1 ea.   IBM Wheelwriter typewriter

1 ea.   Shredder

4 ea.   Plastic shredder trash containers

1 ea.   Small rolling hanging file folder

3 ea.   Plastic desk chair mats

6 ea.   6’ Tables

2 ea.   Wooden doors

1 ea.   Large crate

2 ea.   Nets for batting cage    

1 ea.   Round table top

1 ea.   Chair

2 ea.   Sheets of tin

1 ea.   Table with glass top

3 ea.   Pioneer CD players (20 disc)

20 ea.  Stage lights

2 ea.   Armless office chairs

1 ea.   6’ metal file unit

3 ea.   Desk chairs

1 ea.   Wooden coat rack

2 ea.   HP Deskjet 712C, Ser. #MX96Q1B19K, #MX9161T05X

1 ea.   HP Deskjet 970Cse, Ser. #MY0B2170P1

1 ea.   HP Deskjet 970xi, Ser. #MY9CC1210Y

3 ea.   HP Deskjet 694C, Ser. #CN87A1K1HC, #CN74111204, #CN74111204

2 ea.   HP Deskjet 722C, Ser. #US8221R13P, #US89SISIJ8

1 ea.   HP Deskjet 680C, Ser. #US6441G19J

1 ea.   HP Deskjet 930C, Ser. #MX9C31B152

1 ea.   HP Officejet 600, Ser. #MY96GA128V

1 ea.   HP Laserjet 1100, Ser. #USHN102224

1 ea.   HP Laserjet 5L, Ser. #JPCJ023149

1 ea.   HP Fax 700, Ser. #JP52EN10BS

1 ea.   Reflex, Ser. #IN285117114

3 ea.   Blackout Busters B6U, Ser. #9841009790, #9933003390, 

         #00200001784

5 ea.   GCCS PC, Ser. #100886, #102556, #102314, #100895, #102320

1 ea.   HP Laserjet 5L, Ser. #JPCD084021

1 ea.   Brother MFC 1950mc Fax, Ser. #F77324864

2 ea.   Multi-Pro PC, Ser. #201498-3, #201498-4

4 ea.   Optiquest 51, Ser. #BD83306059, #5D75001378, #BD83202695,

         #5D74936150

2 ea.   KDS VS-7, Ser. #062167724, #0791235486

1 ea.   Optiquest Q53, Ser. #3D82903977

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