A G E N D A

A G E N D A

REGULAR COUNCIL MEETING

CITY OF GULF SHORES, ALABAMA

NOVEMBER 28, 2005

1. Call to Order

2. Invocation

3. Pledge of Allegiance

4. Roll Call

5. Approval of Minutes – Regular Meeting of November 14, 2005

Work Session of November 21, 2005

6. Approval of Payroll and Expense Vouchers

7. Public Hearing

A. Amend Zoning Ordinance No. 235

Ordinance – Amend Articles 4,5,6,7,8,13,15,16,18, Table of

Permitted Uses, and create Ft. Morgan Area & Dimensional

Regulations

8. Hearing of Persons Not Listed on Formal Agenda

9. New Business

A. Resolution – Authorize Change Order – Gulf Equipment

Corporation

B. Resolution – Authorize Demolition of Unsafe Structures

10. Committee Reports

A. Garris B. Doughty C. Harris

D. Craft E. Jones

11. Staff Reports

12. Adjourn

MINUTES OF REGULAR COUNCIL MEETING

CITY OF GULF SHORES, ALABAMA

NOVEMBER 28, 2005

Mayor Duke called the meeting to order at 5:00 p.m. at the City Hall. The invocation was delivered by Fire Chief Tim Blakemore. The Pledge of Allegiance to the flag was led by Mayor Duke.

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

Councilman Craft moved to approve the minutes of the regular meeting of November 14, 2005, as presented; seconded by Councilman Garris; and the vote of those officials present was unanimously in favor of the motion.

Councilman Doughty moved to approve the minutes of the Committee of the Whole Work Session of November 21, 2005, as presented; seconded by Councilman Garris. Upon the question, all those officials present voted in favor of the motion, with the exception of Councilman Jones, who abstained. The Mayor declared the motion carried.

Councilman Jones moved to approve the payroll and expense vouchers in the amount of $2,383,745.61; seconded by Councilman Craft; and the vote of those officials present 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 Fort Morgan land use plan.

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

Andy Bauer, Zoning Administrator, noted the recommendations of his Department and the Planning Commission in support of the zoning amendment, as reflected by the following communications:

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

Chuck Browdy, a resident of the Fort Morgan peninsula, stated that he felt the Council failed to meet the objective of the district purposes as outlined in Section 6-6 of the proposed Ordinance. Browdy specifically mentioned: An increase in density from 6 to 15 units and in height from 7 to 10 stories in the new BTL-FM District as opposed to the County’s R-6 District. An increase in density from 6 to 20 units and in height from 8 to 15 stories in the new BTL-FM PUD District. In the County’s B-1, B-2 & B-3 Districts, 4 units are allowed but only with mixed use to encourage business development. The City is proposing increasing that density from 4 to 9 units and not encouraging the mixed use. An increase in density of 0 to 15 units and in height of 4 to 10 stories is proposed in the BTB-FM District as compared to the County’s current zoning. The County would allow hotels and motels to be built in this area but the City’s proposed District would not. Browdy further remarked that the proposed Ordinance will create significant incompatibility when scattered through the current County zoning.

The Mayor advised that the City realizes that the Fort Morgan peninsula is a sensitive area and spent a great deal of time and money to ensure that an Ordinance was created that would make certain the peninsula would not be developed as the beach areas in the City are.

Councilman Craft and Councilman Doughty echoed the Mayor’s statement advising that this endeavor was taken very seriously.

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

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

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 Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye." Councilman Harris was absent. Mayor Duke then declared the rules suspended.

Councilman Jones then moved for the adoption of Ordinance No. 1393 and to waive the reading of said Ordinance at length. The motion for the adoption of Ordinance No. 1393 was seconded by Councilman Craft; 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 Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye." Councilman Harris was absent. Whereupon, the Mayor declared Ordinance No. 1393 duly and legally adopted.

Mayor Duke asked if there was anyone present who wished to address the Council but had been unable to get on the formal agenda.

Brandan Franklin, Chief Building Inspector, introduced the City’s Building Inspectors: Tommy Horn, III, Scott Sanders, Don Williams, and Keith McDill.

Gerald Carter, a resident of Martynwood Subdivision, thanked the Council for the response of the City’s Street Department after his complaints of November 14 and specifically commended Don Hermecz for his work. Mr. Carter further recommended that the City expand the culvert ordinance to require that a culvert be installed prior to the issuance of a building permit.

The Mayor advised that this would be discussed for possible implementation.

Herb Malone, Director of the Alabama Gulf Coast Convention and Visitors Bureau, commended the City on their hard work in getting the area ready for Shrimp Festival. Malone presented the Visitors Bureau’s 2006 outlook and requested everyone’s help in: 1) Erasing evidence of the hurricanes to include mention on website, signs, etc. 2) Adopting the attitude of “company’s coming”. 3) Continuing to raise the bar of customer service.

Mayor Duke congratulated Mr. Malone and his organization on the recent state awards he and his staff received.

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

RESOLUTION NO. 3978-05

A RESOLUTION AUTHORIZING, RATIFYING, AND

CONFIRMING EXECUTION OF CHANGE ORDER

TO CONTRACT BETWEEN

THE CITY OF GULF SHORES AND

GULF EQUIPMENT CORPORATION

FOR DEBRIS CLEARANCE AND SAND RECLAMATION

AS A RESULT OF HURRICANE KATRINA

____________________________________________

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON NOVEMBER 28, 2005, as follows:

Section 1. Approval of Change Order to Contract. The change order to the contract between the City of Gulf Shores and Gulf Equipment Corporation for the debris clearance and sand reclamation project as a result of Hurricane Katrina, more particularly described as:

Change Order No. 1 – Add $890,610.00

is hereby authorized, approved and ratified.

Section 2. Approval of Execution. The Mayor is hereby authorized to execute, in the name and on behalf of the City of Gulf Shores, the described change order. The City Clerk is hereby authorized to seal and attest said change order. Any prior approval and execution of said change order is hereby ratified and approved.

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

The motion for the adoption of Resolution No. 3978-05 was seconded by Councilman Craft; 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 Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye." Councilman Harris was absent. Whereupon, the Mayor declared Resolution 3978-05 duly and legally adopted.

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

RESOLUTION NO. 3979-05

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 NOVEMBER 28, 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:

965 West Lagoon Avenue - $8,400.00

2049 West Beach Boulevard - $9,500.00

613 West Ft. Morgan Road - $3,300.00

Section 2. That the below-listed structure has been deemed unsafe by the City Building Official and Philco Disaster Management is hereby authorized to demolish such structure at a cost not to exceed the specified amount:

551 East Beach Boulevard - $60,500.00

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

The motion for the adoption of Resolution No. 3979-05 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 Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye." Councilman Harris was absent. Whereupon, the Mayor declared Resolution 3979-05 duly and legally adopted.

STAFF REPORTS:

Public Works Director Charles Hamilton updated the Council on the beach renourishment project.

There being no further business to come before the Council, Councilman Jones moved to adjourn; seconded by Councilman Garris; and the vote of those officials present was unanimously in favor of the motion.

Mayor Duke declared the meeting adjourned.

__________________________

George W. Duke, III, Mayor

(SEAL)

ATTEST:

________________________________

Renee F. Moore, MMC, City Clerk