A G E N D A

A G E N D A

REGULAR COUNCIL MEETING

CITY OF GULF SHORES, ALABAMA

JULY 25, 2005

1. Call to Order

2. Invocation

3. Pledge of Allegiance

4. Roll Call

5. Approval of Minutes – Regular Meeting of July 11, 2005 and

Reconvened Regular Meeting of July 18, 2005

6. Approval of Payroll and Expense Vouchers

7. Public Hearing

A. Amend Zoning Ordinance No. 235

Ordinance – Rezone Oyster Bay Landing – R-1A to BTL/PUD

8. Hearing of Persons Not Listed on Formal Agenda

9. New Business

A. Resolution – Appropriate Funds – Culvert Ditch on West 2^nd

Street

B. Resolution – Award Bid – Fall and Winter Annuals

C. Resolution – Award Bid – Christmas Street Decorations

D. Resolution – Authorize Demolition of Unsafe Structures

E. Resolution – Designate Signatories – City Bank Accounts

F. Resolution – Designate Signatories – Municipal Court

Collection Account

G. Resolution – Authorize Application for Grant Funds – Senior

Citizen Center

H. Resolution – Appropriate Funds – Gulf Shores Middle School

– Classroom Performance Systems

I. Ordinance - Amend Code of Ordinances – Chapter 7,

Buildings, Construction and Related Activities – Article

IV, Flood Damage Control

J. Ordinance - Amend Code of Ordinances – Chapter 7,

Buildings, Construction and Related Activities – Article

II, Supplemental Coastal Requirements

K. Ordinance - Assent to Annexation – Marshall Hix – Highway

180 West

L. Ordinance - Assent to Annexation – Donald & Jennie Tudor –

County Road 6 (5 parcels)

M. Ordinance - Assent to Annexation – Cleston Sinyard –

County Road 6

N. Ordinance - Assent to Annexation – Barnes, Clayton & Green

– 4821 County Road 6

O. Ordinance - Assent to Annexation – James & Sandra Ivy –

4809 County Road 6

P. Ordinance - Assent to Annexation – Larry & Amy Green –

4797 County Road 6 (2 parcels)

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

JULY 25, 2005

Mayor Duke called the meeting to order at 5:00 p.m. at the City Hall. The invocation was delivered by The Reverend Rick Fennig, Grace Fellowship Presbyterian 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.

Councilman Doughty moved to approve the minutes of the regular meeting of July 11, 2005, as presented; seconded by Councilman Garris; and the vote was unanimously in favor of the motion.

Councilman Jones moved to approve the minutes of the reconvened regular meeting of July 18, 2005, as presented; seconded by Councilman Craft; and the vote was unanimously in favor of the motion.

Councilman Jones moved to approve the payroll and expense vouchers in the amount of $4,293,933.43; seconded by Councilman Harris; 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 Oyster Bay Landing 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. There was no comment. The City Clerk stated no written communications had been received in this regard.

Councilman Jones 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. 1347

AN ORDINANCE AMENDING ORDINANCE NO. 235

(ZONING ORDINANCE), ADOPTED MAY 10, 1982,

BY CHANGING THE ZONING CLASSIFICATION

OF A 10.06-ACRE PARCEL DESCRIBED HEREIN

IN REZONING CASE PUD2005-10,

FROM R-1A

TO BTL/PUD; AND

APPROVING OUTLINE DEVELOPMENT PLAN OF

PLANNED UNIT DEVELOPMENT TO BE KNOWN AS

OYSTER BAY LANDING

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 JULY 25, 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:

Commencing at lighter knot on the southeast corner of Lot 5 of the Subdivision of John Cook Estate, John Cook Grant Section 4, Township 9 South, Range 3 East, thence North 61 degrees 30’00” West, 82.82 feet to an iron pin on the northwest right-of-way of Baldwin County Road 6 (80’ R/W) and the point of beginning; thence along said right-of-way of Baldwin County Road 6, South 38 degrees 35’32” West, 76.81 feet to an iron pin; thence North 68 degrees 50’00” West, 233.24 feet to an iron pin; thence South 64 degrees 45’42” West, 371.55 feet to an iron pin; thence North 82 degrees 28’00” West, 495.24 feet to an iron pin; North 40 degrees 38’16” West, 116.08 feet more or less to the east margin of Bon Secour River; thence along said margin of Bon Secour River northwesterly, 443 feet more or less to a point on the east margin of Bon Secour River; thence North 87 degrees 50’00” East, 360.00 feet to a point; thence North 08 degrees 50’00” East, 184.00 feet to a point; thence North 88 degrees 40’00” East, 340.00 feet to an iron pipe; thence South 61 degrees 30’00” East, 904.60 feet to an iron pin and the point of beginning, said tract containing 10.06 +/- acres.

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 BTL/PUD (tourist business lodging/planned unit development).

Section 2. That the outline development plan of the Planned Unit Development to be known as Oyster Bay Landing, be and the same is hereby approved as submitted, in accordance with Section 13-6 of the zoning Ordinance, contingent upon:

1) On Sheets A-001 and A-002, it is difficult to tell exactly where the property lines are. These sheets shall be revised to show all property lines.

2) The Fire Department currently does not have the capability to provide adequate fire service to a structure of this height located in this area of the City.

3) All state and federal permits with regard to the wetlands shall be provided prior to issuance of a building permit. The applicant shall clarify if this area is subject to the recent Corps of Engineers marina permit moratorium imposed on the Intracoastal Waterway.

4) All portions of the structure shall meet the minimum fifty feet (50’) or twenty-five feet (25’)(with engineer improved filtration system) waterfront setbacks from Bay John. Some areas of the site do not appear to meet this requirement.

5) All areas of the building and driveways shall provide ten feet (10’) of pervious area between the wetlands as required by the Plash Island/Bon Secour River Land Use Study. Some areas of the site do not appear to meet this requirement.

6) A tree protection and preservation plan shall be submitted indicating trees which are to be saved and tree protection techniques.

7) A phasing schedule shall be submitted, or if the development is to be constructed all at once, the developer shall so state.

8) Fifteen percent (15%) of the site shall be dedicated to active/passive recreation space. It appears the only active recreational space provided on the plans is a small playground for children.

9) Development shall conform to the requirements of the Jordan, Jones & Goulding Plash Island/Bon Secour River Land Use Study.

10) The following comments from the Public Works Department need to be addressed:

·Traffic Circulation – A traffic study needs to be performed in accordance with Ordinance 1221. A deceleration lane and left turn lane on County Road 6 will need to be provided in accordance with Section 12.1.F.5. of the Zoning Ordinance. The developer will need to obtain a permit from Baldwin County for the deceleration lane, center turn lane, and sidewalk to be constructed on County Road 6. The developer needs to coordinate with the developer of the adjacent property to share their proposed driveway with the driveway to Riverfront Condominiums. The developer should be required to contribute to the later improvements required on County Roads 4 and 6 in proportion to the increase in traffic they will generate as outlined in the traffic study.

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 Oyster Bay Landing 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. 1347 and to waive the reading of said Ordinance at length. The motion for the adoption of Ordinance No. 1347 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. 1347 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. There was no response.

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

RESOLUTION NO. 3888-05

A RESOLUTION APPROPRIATING

AN AMOUNT NOT TO EXCEED $41,000.00

TO LAK INVESTMENTS, LLC

FOR CULVERTING OF DITCH

ON WEST 2^ND STREET;

AND AUTHORIZING PAYMENT OF

SUCH AMOUNT FROM THE

GENERAL FUND CAPITAL PROJECTS BUDGET

______________________________________________________

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON JULY 25, 2005, as follows:

Section 1. That an appropriation in an amount not to exceed $41,000.00 be authorized to LAK Investments, LLC for culverting of the ditch running southward from the western terminus of the soon to be opened Commerce Avenue on the east side of West 2^nd Street.

Section 2. That the funds for such appropriation be drawn from the General Fund Capital Projects Budget of the Streets & Roads Division as reflected by the Fiscal Year 2005 Budget.

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

The motion for the adoption of Resolution No. 3888-05 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 3888-05 duly and legally adopted.

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

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

RESOLUTION NO. 3889-05

A RESOLUTION ACCEPTING THE BID OF

YOUNG’S PLANT FARM

IN THE AMOUNT OF $11,556.00

FOR FALL AND WINTER ANNUALS; AND

AUTHORIZING PAYMENT OF 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 JULY 25, 2005, as follows:

Section 1. That the bid of Young’s Plant Farm in the amount of $11,556.00 for fall and winter annuals, be and the same is hereby accepted, being the lowest, most responsible, among sealed bids opened on June 28, 2005.

Section 2. That the funds for payment for such amount be drawn from the General Fund M & O Budget of the Public Works-Public Facilities/Landscaping Division for Fiscal Year 2005.

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

The motion for the adoption of Resolution No. 3889-05 was seconded by Councilman Doughty; 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 3889-05 duly and legally adopted.

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

BID TABULATION

ITEMS TO BE PROCURED: Christmas Decorations

NUMBER OF SOURCES SOLICITED: 7

ADDITIONAL SOLICITATION: Posted at City Hall

BID OPENING DATE: July 12, 2005

NUMBER OF RESPONSES: 4

BIDDERS

Holiday Design $17,400 $580 $17,400 $580 Included

Universal Concepts 11,250 10%* 12,250 20%* $500

Dixie Decorations No Bid

Evangeline Spec. No Bid

Present: Marcia Ward, Revenue Officer

Wanda Brantley, Procurement Officer

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

RESOLUTION NO. 3890-05

A RESOLUTION ACCEPTING THE BID OF

UNIVERSAL CONCEPTS

IN THE AMOUNT OF $11,750.00

FOR CHRISTMAS STREET DECORATIONS; AND

AUTHORIZING PAYMENT OF 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 JULY 25, 2005, as follows:

Section 1. That the bid of Universal Concepts in the amount of $11,750.00 for Christmas street decorations, be and the same is hereby accepted, being the lowest, most responsible, among sealed bids opened on July 12, 2005.

Section 2. That the funds for payment for such amount be drawn from the General Fund Capital Expenditures Budget of the Special Events/Programs Division for Fiscal Year 2005.

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

The motion for the adoption of Resolution No. 3890-05 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 3890-05 duly and legally adopted.

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

RESOLUTION NO. 3891-05

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 JULY 25, 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:

2625 West Beach Boulevard - $9,250.00

209 West 1^st Avenue - $5,650.00

213 West 1^st Avenue - $5,650.00

218 West 4^th Avenue - $8,840.00

222 West 4^th Avenue - $8,900.00

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

The motion for the adoption of Resolution No. 3891-05 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 3891-05 duly and legally adopted.

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

RESOLUTION NO. 3892-05

A RESOLUTION

DESIGNATING FINANCIAL INSTITUTIONS

AS DEPOSITORIES FOR CITY FUNDS AND

AUTHORIZING, EMPOWERING AND DESIGNATING

THE MAYOR AND CITY ADMINISTRATOR AS

CITY’S AGENTS FOR DEPOSIT, TRANSFER AND

INVESTMENT OF CITY FUNDS AMONG

SEVERAL NAMED DEPOSITORIES,

PURSUANT TO TITLE 11-43-122,

CODE OF ALABAMA 1975, AS AMENDED;

DESIGNATING SIGNATORIES ON BANK ACCOUNTS; AND

PROVIDING CASH INVESTMENT REPORTS BE MADE

AND AVAILABLE TO COUNCIL FOR REVIEW

_____________________________________________

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON JULY 25, 2005, as follows:

Section 1. That the following financial institutions be and the same hereby are designated as depositories for City funds:

AmSouth Bank Vision Bank

BankTrust Wachovia Bank, N.A.

Colonial Bank Whitney National Bank

First Gulf Bank The Bank of New York Trust

First National Bank of Company, N.A.

Baldwin County First American Bank

Regions Bank

pursuant to Title 11,43-122, Code of Alabama 1975, as amended.

Section 2. That the Mayor and City Administrator be and they hereby are authorized, empowered, and designated as the City’s agents for the deposit, transfer and investment of City funds among the several named depositories.

Section 3. That the following officials be and they are hereby authorized as signatories on said accounts:

George W. Duke, III, Mayor

Carolyn M. Doughty, Mayor Pro Tempore

Philip Harris, Councilman

C.E. Smith, City Administrator

Shirley Boyer, Accounting Manager

Renee F. Moore, City Clerk

Section 4. That cash investment reports shall be made, which reflect the activity of City funds among the several depositories, and which will be available for review by the Council at their request.

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

The motion for the adoption of Resolution No. 3892-05 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 3892-05 duly and legally adopted.

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

RESOLUTION NO. 3893-05

A RESOLUTION

DESIGNATING SIGNATORIES

ON CITY OF GULF SHORES

MUNICIPAL COURT COLLECTIONS

BANK ACCOUNT

______________________________

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON JULY 25, 2005, as follows:

Section 1. That the following be and they are hereby authorized as signatories on the City of Gulf Shores Municipal Court Collections Bank Account, with signatures of two (2) authorized persons required on all checks:

Kenneth B. McKenzie, Court Clerk/Magistrate

Terry K. Moran, Clerk/Magistrate

Natasha Touchstone, Clerk/Magistrate

C.E. Smith, City Administrator

Shirley Boyer, Accounting Manager

Section 2. That any resolution or parts thereof that conflict with this Resolution shall be and are hereby rescinded.

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

The motion for the adoption of Resolution No. 3893-05 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 3893-05 duly and legally adopted.

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

RESOLUTION NO. 3894-05

A resolution authorizing application for grant,

commitment of funds, and execution

of necessary assurances and other documents

for financial assistance from

community development block grant

community enhancement funds

______________________________________________________

WHEREAS, the City of Gulf Shores proposes to construct a Senior Citizen Center; and

WHEREAS, the City of Gulf Shores intends to make application to the Alabama Department of Economic and Community Affairs for grant assistance through the Enhancement Fund for the construction of a Senior Citizen Center; and

WHEREAS, said program is limited to funding a maximum of $250,000; and

WHEREAS, the City of Gulf Shores holds in reserve $425,000 for the purpose of matching the Enhancement Fund assistance; and

WHEREAS, that in the event a grant is awarded, the City Council of Gulf Shores authorizes the Mayor to sign all assurances and contracts and to comply with all applicable Federal and State laws, rules and regulations;

BE IT FURTHER RESOLVED, that in the event a grant is awarded the City will be responsible for all of the general operating expenses of the building, such as power bill, water bill, gas bill, phone bill and all other bills pertaining to the operation of the center. This includes general maintenance and upkeep of the facility over all years of operation by the City of Gulf Shores.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON JULY 25, 2005, as follows:

Section 1. That the Mayor be and he is hereby authorized to execute the forms necessary to facilitate the application of the City of Gulf Shores to the Alabama Department for Community and Economic Affairs for grant assistance through the Community Development Block Grant (CDBG) Community Enhancement Fund for the construction of a Senior Citizen Center.

The motion for the adoption of Resolution No. 3894-05 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 3894-05 duly and legally adopted.

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

RESOLUTION NO. 3895-05

A RESOLUTION APPROPRIATING

AN AMOUNT NOT TO EXCEED $17,500.00

TO GULF SHORES MIDDLE SCHOOL

FOR PURCHASE OF CLASSROOM PERFORMANCE SYSTEMS

FOR ALL MIDDLE SCHOOL CLASSROOMS;

AND AUTHORIZING PAYMENT OF

SUCH AMOUNT FROM THE

GENERAL FUND APPROPRIATIONS BUDGET

______________________________________________________

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON JULY 25, 2005, as follows:

Section 1. That an appropriation in an amount not to exceed $17,500.00 be authorized to the Gulf Shores Middle School for the purchase of classroom performance systems for all classrooms in the middle school.

Section 2. That the funds for such appropriation be drawn from the General Fund Appropriations Budget as reflected by the amended Fiscal Year 2005 Budget.

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

The motion for the adoption of Resolution No. 3895-05 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 3895-05 duly and legally adopted.

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:

ORDINANCE NO. 1348

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES,

ADOPTED JULY 24, 1989, AT CHAPTER 7,

BUILDINGS, CONSTRUCTION AND RELATED ACTIVITIES,

ARTICLE IV. FLOOD DAMAGE CONTROL,

BY ADDING AND CHANGING CERTAIN LANGUAGE

IN SECTION 7-75 THROUGH SECTION 7-78

______________________________________________

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON JULY 25, 2005, as follows:

Section 1. That Chapter 7, BUILDINGS, CONSTRUCTION AND RELATED ACTIVITIES, of the Code of Ordinances, adopted July 24, 1989, be and it is hereby amended at ARTICLE IV. FLOOD DAMAGE CONTROL, by adding and changing certain language in Section 7-75 through Section 7-78, so the entire Sections shall read as follows:

CHAPTER 7 BUILDINGS, CONSTRUCTION AND RELATED ACTIVITIES

* * *

ARTICLE IV. FLOOD DAMAGE CONTROL

* * *

Sec. 7-75. Administration.

The chief building official is hereby appointed to administer and implement the provisions of this article.

Sec. 7-76. Permit procedures.

Application for a development permit shall be made to the chief building official on forms furnished by the building department prior to any development activities, and may include but not be limited to the following: Plans in duplicate drawn to scale showing the elevations of the area in question and the nature, location, dimensions of existing or proposed structures, earthen fill placement, storage of materials or equipment, and drainage facilities. Specifically, the following information is required:

(1) Application stage.

a. Elevation in relation to mean sea level (or

highest adjacent grade) of the lowest regulatory

floor level, including basement, of all proposed

structures;

b. Elevation in relation to mean sea level to which

any nonresidential structure will be flood-

proofed;

c. Design certification from a registered

professional engineer or architect that any

proposed nonresidential flood-proofed structure

will meet the flood-proofing criteria in sections

7-78(b)(2) and 7-78(d)(2).

d. Design certification from a registered

professional engineer or architect that any new

construction or substantial improvement placed in

a coastal high hazard area will meet the criteria

of section 7-78(e)(5).

e. Description of the extent to which any

watercourse will be altered or relocated as a

result of a proposed development.

(2) Construction stage. For all new construction and

substantial improvements, the permit holder shall provide

to the chief building official a regulatory floor

elevation or flood-proofing level using appropriate FEMA

elevation or flood-proofing certificate immediately after

the lowest floor or flood-proofing is completed. Where a

structure is subject to the provisions applicable to

coastal high hazard areas, after placement of the lowest

horizontal structural members, any regulatory floor

certification made relative to mean sea level shall be

prepared by or under the direct supervision of a

registered land surveyor or professional engineer and

certified by same. When flood-proofing is utilized for

nonresidential structures, said certification shall be

prepared by or under the direct supervision of a

professional engineer or architect and certified by the

same.

Any work undertaken prior to submission of the

certification shall be at the permit holder's risk.

The chief building official shall review the above

referenced submitted certification data. Deficiencies

detected by such review shall be corrected by the permit

holder immediately and prior to further progressive work

being allowed to proceed. Failure to submit certification

or failure to make said corrections required hereby shall

because to issue a stop-work order for the project.

Sec. 7-77. Duties and responsibilities of the administrator.

Duties of the chief building official shall include, but not be limited to:

(1) Review all development permits to assure that the permit

requirements of this article have been satisfied.

(2) Review proposed development to assure that all necessary

permits have been received from governmental agencies from

which approval is required by federal and state

law, including Section 404 of the Federal Water Pollution

Control Act Amendments of 1972, 33 U.S.C. 1334. Require that

copies of such permits be provided and maintained on file.

(3) When base flood elevation data or floodway data have not

been provided in accordance with section 7-74(b), then the

chief building official shall obtain, review and reasonably

utilize any base flood elevation and floodway data available

from a federal or state agency or other sources in order to

administer the provisions of section 7-78.

(4) Verify and record the actual elevation in relation to mean

sea level (or highest adjacent grade) of the regulatory

floor level, including basement, of all new construction or

substantially improved structures in accordance with section

7-76(a)(2).

(5) Verify and record the actual elevation, in relation to mean

sea level, to which any new or substantially improved

structures have been flood-proofed, in accordance with

section 7-78(b)(2) and 7-78(d)(2).

(6) When flood-proofing is utilized for a structure, the chief

of code enforcement shall obtain certification of design

criteria from a registered professional engineer or

architect in accordance with section 7-76(a)(1)c. and

section 7-78(b)(2) and 7-78(d)(2).

(7) Obtain design certification from a registered professional

engineer or architect that any new construction or

substantial improvement placed in a coastal high hazard

area will meet the criteria in section 7-78(e)(5).

(8) Notify adjacent communities and the Alabama Department of

Natural Resources prior to any alteration or relocation of a

watercourse and submit evidence of such notification to the

Federal Emergency Management Agency (FEMA) and the Alabama

Emergency Management Agency (AEMA).

(9) For any altered or relocated watercourse, submit engineering

data/analysis within six (6) months to FEMA and AEMA to

ensure accuracy of community flood maps through the letter

of map revision process. Assure flood carrying capacity of

any altered or relocated watercourse is maintained.

(10) Where interpretation is needed as to the exact location of

boundaries of the areas of special flood hazard (for

example, where there appears to be a conflict between a

mapped boundary and actual field conditions), the chief of

code enforcement shall make the necessary interpretation.

Any person contesting the location of the boundary shall be

given a reasonable opportunity to appeal the interpretation

as provided in this article.

(11) All records pertaining to the provisions of this article

shall be maintained in the office of the chief building

official and shall be open for public inspection.

Sec. 7-78. Provisions for flood hazard reduction.

(a) General standards. In all areas of special flood hazard, the following provisions are required:

(1) New construction and substantial improvements of

existing structures shall be anchored to prevent

flotation, collapse or lateral movement of the

structure;

(2) New construction and substantial improvements of

existing structures shall be constructed with

materials and utility equipment resistant to flood

damage;

(3) New construction or substantial improvements of

existing structures shall be constructed by methods

and practices that minimize flood damage.

(4) Elevated buildings. All new construction or

substantial improvements of existing structures that

include any fully enclosed area located below the

lowest floor formed by foundation and other exterior

walls shall be designed so as to be an unfinished or

flood-resistant enclosure. This enclosure will be

limited to a maximum of three hundred (300) square

feet. The enclosure shall be designed to equalize

hydrostatic flood forces on exterior walls by

allowing for the automatic entry and exit of

floodwaters.

a. Designs for complying with this requirement must

either be certified by a professional engineer or

architect or meet the following minimum criteria:

1. Provide a minimum of two (2) openings having a

total net area of not less than one (1) square

inch for every square foot of enclosed area

subject to flooding;

2. The bottom of all openings shall be no higher

than one (1) foot above grade; and,

3. Openings may be equipped with screens,

louvers, valves or other coverings or devices

provided they permit the automatic flow of

floodwater in both directions.

b. So as to not violate the "lowest floor" criteria

of this article, the unfinished or flood-

resistant enclosure shall only be used for

parking of vehicles, limited storage of

maintenance equipment used in connection with the

premises, or entry to the elevated area; and

c. The interior portion of such enclosed area shall

not be partitioned or finished into separate

rooms.

(5) All heating and air conditioning equipment and

components, all electrical, ventilation, plumbing, and

other service facilities shall be designed and/or

located so as to prevent water from entering or

accumulating within the components during conditions

of flooding.

(6) Manufactured homes shall be anchored to prevent

flotation, collapse, or lateral movement. Methods of

anchoring may include, but are not limited to, use of

over-the-top or frame ties to ground anchors. This

standard shall be in addition to and consistent with

applicable state requirements for resisting wind

forces.

(7) New and replacement water supply systems shall be

designed to minimize or eliminate infiltration of

floodwaters into the system.

(8) New and replacement sanitary sewage systems shall be

designed to minimize or eliminate infiltration of

floodwaters into the systems and discharges from the

systems into floodwaters.

(9) On-site waste disposal systems shall be located and

constructed to avoid impairment to them or

contamination from them during flooding.

(10) Any alteration, repair, reconstruction or improvement

to a structure which is not in compliance with the

provisions of this article shall be undertaken only if

the nonconformity is not furthered, extended or

replaced.

(b) Specific standards. In all areas of special flood hazards where base flood elevation data have been provided, the following provisions are required:

(1) Residential and nonresidential construction. New

construction or substantial improvement of any

structure (or manufactured home) shall have the lowest

floor, including basement, elevated no lower than the

base flood elevation provided, however, that:

a. All residential structures constructed within the

VE Zone shall have their lowest structural member

no lower than three feet (3’) above base flood

elevation, and those constructed within the AE Zone

shall have their lowest floor no lower than three

feet (3’) above base flood elevation when located

south of highway 180 (Fort Morgan Road), south of

County Road 2 (State Park Road) and west of County

Road 6; and one foot (1’) above base flood

elevation in all other AE Zones.

b. All nonresidential structures constructed within

the VE Zone shall have their lowest floor no lower

than three feet (3’) above base flood elevation,

and those constructed within the AE Zone shall have

their lowest floor no lower than three feet (3’)