A G E N D A

A G E N D A

REGULAR COUNCIL MEETING

CITY OF GULF SHORES, ALABAMA

AUGUST 22, 2005

1. Call to Order

2. Invocation – Reverend Jerry Peebles, Oyster Bay Baptist

Church

3. Pledge of Allegiance

4. Roll Call

5. Approval of Minutes – Regular Meeting of August 8, 2005

Special Meeting of August 8, 2005

6. Approval of Payroll and Expense Vouchers

7. Public Hearing

A. Amend Zoning Ordinance No. 235

Ordinance – Rezone The Ridge – R-1A to RMH

B. Amend Zoning Ordinance No. 235

Ordinance – Rezone Savannah Point – BG to R-1B

C. Amend Zoning Ordinance No. 235

Ordinance – Rezone Alewine Property – BG to R-1B

D. Amend Zoning Ordinance No. 235

Ordinance – Rezone Jordan Run – BG to R-1B

8. Presentation of Petitions, Requests and Communications

A. Application for Special Events Retail Liquor License –

Pinki’s Pub, Inc., dba Pink Pony Pub

B. Application for Special Events Retail Liquor License –

Alabama Gulf Coast Area Chamber of Commerce, dba 34^th

Annual National Shrimp Festival

9. Hearing of Persons Not Listed on Formal Agenda

10. New Business

A. Resolution – Reject Bids – CCTV Security Upgrade

B. Resolution – Award Bid – Fire Rescue Tools

C. Resolution – Establish Policy – Issuance of Hurricane Re-

Entry Decals, Contractor Hurricane Passes & Property

Management Hurricane Passes

D. Resolution – Authorize Memorandum of Understanding –

Alabama Department of Transportation – Traffic Signal

Upgrade

E. Resolution – Ratify Grant Application – Federal Aviation

Administration – Land Acquisition

F. Resolution – Ratify Grant Application – Alabama Department

of Transportation – Land Acquisition

G. Resolution – Relating to Rezoning, PUD and Site Plan

Applications for Multi-Family Projects on Fort Morgan

Peninsula

H. Resolution – Appointments – Board of Zoning Adjustments

I. Resolution – Reimbursement Resolution Pursuant to U.S.

Treasury Regulation Section 1.150-2

J. Ordinance - Amend Code of Ordinances – Chapter 21, Traffic

– Movement of Houses and Other Structures on Public

Rights-of-Way

K. Ordinance - Grant Nonexclusive Franchise – Ike’s Beach

Service, Inc.

L. Ordinance - Grant Nonexclusive Franchise – Treesmith, Inc.

M. Ordinance - Assent to Annexation – BJ-Harris-Minor, LLC –

Highway 180 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

AUGUST 22, 2005

Mayor Duke called the meeting to order at 5:00 p.m. at the City Hall. The invocation was delivered by The Reverend Jerry Peebles, Oyster Bay Baptist 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 special meeting of August 8, 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 regular meeting of August 8, 2005, as presented; seconded by Councilman Garris; and the vote was unanimously in favor of the motion.

Councilman Craft moved to approve the payroll and expense vouchers in the amount of $1,668,987.12; 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 Ridge.

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 Garris 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. 1362

AN ORDINANCE AMENDING ORDINANCE NO. 235

(ZONING ORDINANCE), ADOPTED MAY 10, 1982,

BY CHANGING THE ZONING CLASSIFICATION

OF A 6.2-ACRE PARCEL DESCRIBED HEREIN

IN REZONING CASE Z2005-16,

FROM R-1A TO RMH

__________________________________________

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON AUGUST 22, 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 southwest corner of Block 32, Unit 3 of Gulf Shores as recorded in Map Book 3, Page 9 in the Office of the Judge of Probate of Baldwin County, Alabama, said point shown on map by Claude W. Arnold, Alabama Registration Number 1276, dated November 2, 1983, and said point being on the north right-of-way of Alabama Highway No. 180, aka Dixie Graves Parkway; thence run North 00 degrees 13’30” East, a distance of 1,922.60 feet to the northwest corner of Block 24 of said Unit 3 of Gulf Shores as per said map by Claude W. Arnold, Alabama Registration Number 1276, dated November 2, 1983; thence run North 89 degrees 46’01” East, a distance of 624.45 feet to the Northeast corner of Block 23 as per said map by Claude W. Arnold, Alabama Registration Number 1276, dated November 2, 1983; thence run South 00 degrees 28’22” West, a distance of 833.0 feet; thence run North 89 degrees 31’57” West, a distance of 173.41 feet; thence run North 89 degrees 44’28” West, a distance of 40.02 feet; thence run North 89 degrees 30’17” West, a distance of 140.02 feet to the northwest corner of Knob Hill Subdivision (said subdivision being an unrecorded subdivision), said point shown on said map by Claude W. Arnold, Alabama Registration Number 1276, dated November 2, 1983; thence run South 00 degrees 27’02” West, a distance of 100.13 feet; thence run South 00 degrees 26’02” West, a distance of 99.94 feet; thence run South 00 degrees 38’29” West, a distance of 99.69 feet; thence run South 00 degrees 29’40” West, a distance of 100.21 feet; thence run South 00 degrees 38’33” West, a distance of 99.86 feet; thence run South 00 degrees 32’14” West, a distance of 328.61 feet to the southwest corner of said Knob Hill Subdivision (said subdivision being an unrecorded subdivision), said point being on the north right-of-way of Alabama Highway No. 180; thence run in a southwesterly direction along said right-of-way along a curve to the left having a radius of 2,074.86 feet for an arc distance of 190.02 feet; thence run South 43 degrees 23’31” West along the north right-of-way of said Alabama Highway No. 180 a distance of 185.30 feet to the southwest corner of said Block 32, Unit 3 of Gulf Shores and the point of beginning. Said realty being a portion of Blocks 23, 24 and 32, Unit 3 of Gulf Shores as recorded in Map Book 3, Page 9 in the Office of the Judge of Probate of 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 RMH (high density residential) CONTINGENT UPON:

1) A boundary survey, including legal description, shall be submitted.

2) The conceptual plan must have a scale noted.

3) The apparent 2-unit building directly north of the Knob Hill Subdivision shall be relocated.

4) The cul-de-sac is located too close to the Knob Hill Subdivision. Revise the layout of the drive to allow a ten foot (10’) buffer area of the existing subdivision.

5) The applicant shall reserve the land as a permanent conservation easement or agree to OS-1 (open space) zoning for the wetland portion of the lots prior to site plan approval.

6) The site contains protected trees and final site plan approval may need to change in order to preserve said trees.

7) The City may restrict the height of the buildings to less than six (6) stories as necessary to buffer/protect adjacent property owners.

8) Guest parking, in quantities greater than that provided with the existing development, shall be incorporated into the site plan.

Section 2. That this Ordinance shall become effective upon its adoption and publication as required by law.

The motion for unanimous consent was seconded by Councilman Harris; 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 Harris then moved for the adoption of Ordinance No. 1362 and to waive the reading of said Ordinance at length. The motion for the adoption of Ordinance No. 1362 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 Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye." Whereupon, the Mayor declared Ordinance No. 1362 duly and legally adopted.

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 Savannah Point.

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:

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. 1363

AN ORDINANCE AMENDING ORDINANCE NO. 235

(ZONING ORDINANCE), ADOPTED MAY 10, 1982,

BY CHANGING THE ZONING CLASSIFICATION

OF A 19.5-ACRE PARCEL DESCRIBED HEREIN

IN REZONING CASE Z2005-15,

FROM BG TO R-1B

__________________________________________

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON AUGUST 22, 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:

West half of the southeast quarter of the southwest quarter, less and except that portion being used as a right-of-way, situated in Section 21, Township 8 South, Range 4 East, 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 BG (general business) to R-1B (medium density single family residential).

Section 2. That this Ordinance shall become effective upon its adoption and publication as required by law.

The motion for unanimous consent was seconded by Councilman Jones; 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 Jones then moved for the adoption of Ordinance No. 1363 and to waive the reading of said Ordinance at length. The motion for the adoption of Ordinance No. 1363 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, "abstain," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye." Whereupon, the Mayor declared Ordinance No. 1363 duly and legally adopted.

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 Alewine 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:

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. 1364

AN ORDINANCE AMENDING ORDINANCE NO. 235

(ZONING ORDINANCE), ADOPTED MAY 10, 1982,

BY CHANGING THE ZONING CLASSIFICATION

OF A 20-ACRE PARCEL DESCRIBED HEREIN

IN REZONING CASE Z2005-14,

FROM BG TO R-1B

__________________________________________

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON AUGUST 22, 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 the southeast corner of Section 21, Township 8 South, Range 4 East, Baldwin County, Alabama; thence run North 89 degrees 54’ 28” West, 4710.16 feet; thence run North 0 degrees 42’ 17” East, 40.62 feet to a point on the north right-of-way line of Baldwin County Highway 8, having an 80 foot right-of-way, also being the point of beginning of the property herein described; thence departing the said North right-of-way, run North 0 degrees 42’ 17” East, 1291.09 feet; thence run South 87 degrees 53’ 49” East, 681.14 feet; thence run South 0 degrees 42’ 17” West, 1266.47 feet to a point on the said North right-of-way; thence run North 89 degrees 58’ 07” West along the said North right-of-way line, 680.98 feet to the Point of Beginning and containing 20 acres, more or less. County Road 8 East.

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 BG (general business) to R-1B (medium density single family residential).

Section 2. That this Ordinance shall become effective upon its adoption and publication as required by law.

The motion for unanimous consent was seconded by Councilman Garris; 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 Craft then moved for the adoption of Ordinance No. 1364 and to waive the reading of said Ordinance at length. The motion for the adoption of Ordinance No. 1364 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. 1364 duly and legally adopted.

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 Jordan Run.

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:

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. 1365

AN ORDINANCE AMENDING ORDINANCE NO. 235

(ZONING ORDINANCE), ADOPTED MAY 10, 1982,

BY CHANGING THE ZONING CLASSIFICATION

OF A 10.08-ACRE PARCEL DESCRIBED HEREIN

IN REZONING CASE Z2005-20,

FROM BG TO R-1B

__________________________________________

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON AUGUST 22, 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:

Lot 1 and Lot 2, a resubdivision of Airport North Industrial Park Lot 1, according to map of plat thereof recorded in slide 110-A I the office of the Judge of Probate, 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 BG (general business) to R-1B (medium density single family residential).

Section 2. That this Ordinance shall become effective upon its adoption and publication as required by law.

Councilman Garris then moved for the adoption of Ordinance No. 1365 and to waive the reading of said Ordinance at length. The motion for the adoption of Ordinance No. 1365 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 Ordinance No. 1365 duly and legally adopted.

The City Clerk presented the Application for Special Events Retail Liquor License of Pinki’s Pub, Inc., dba Pink Pony Pub.

Whereupon, Councilman Doughty moved to approve the application of Pinki’s Pub, Inc., dba Pink Pony Pub, for a special events retail liquor license and to so notify the ABC Board; seconded by Councilman Jones; and the vote was unanimously in favor of the motion.

The City Clerk presented the Application for Special Events Retail Liquor License of the Alabama Gulf Coast Area Chamber of Commerce, dba 34^th Annual National Shrimp Festival.

Whereupon, Councilman Harris moved to approve the application of the Alabama Gulf Coast Area Chamber of Commerce, dba 34^th Annual National Shrimp Festival, for a special events retail liquor license and to so notify the ABC Board; seconded by Councilman Jones; 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.

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

BID TABULATION

ITEMS TO BE PROCURED: CCTV Security Upgrade

NUMBER OF SOURCES SOLICITED: 10

ADDITIONAL SOLICITATION: Posted at City Hall

BID OPENING DATE: August 16, 2005

NUMBER OF RESPONSES: 3

BIDDERS BID PRICE

Hunter Security, Inc. $45,000.00

Hurricane Electronics 34,012.75

Lenel-Global Security Int’l. 47,398.60

Sanders Security, Inc. NO BID

Security Equipment NO BID

AFT Security Services NO BID

ADT Services, Inc. NO BID

Bay Watch Audio & Alarms NO BID

GSI NO BID

Security One, Inc. NO BID

Present: Wanda Brantley, Procurement Officer

Connie Holmes, Accounting Clerk

Jim Connolly, IS Coordinator

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

RESOLUTION NO. 3908-05

A RESOLUTION REJECTING BIDS

FOR CCTV SECURITY UPGRADE

____________________________

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON AUGUST 22, 2005, as follows:

Section 1. That all bids received on August 16, 2005 for the CCTV security upgrade in the Police Department be and the same are hereby rejected.

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

The motion for the adoption of Resolution No. 3908-05 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 3908-05 duly and legally adopted.

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

BID TABULATION

ITEMS TO BE PROCURED: Fire Rescue Tools

NUMBER OF SOURCES SOLICITED: 3

ADDITIONAL SOLICITATION: Posted at City Hall

Ad in The Islander

BID OPENING DATE: July 26, 2005

NUMBER OF RESPONSES: 1

BIDDERS BID PRICE

NAFECO $27,994.00

Ten & Fire Equipment NO BID

Georgia Fire Rescue Supply NO BID

Present: Marcia Ward, Revenue Officer

Wanda Brantley, Procurement Officer

Tim Blakemore, Fire Chief

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

RESOLUTION NO. 3909-05

A RESOLUTION ACCEPTING THE BID OF

NAFECO

IN THE AMOUNT OF $27,994.00

FOR FIRE RESCUE TOOLS; 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 AUGUST 22, 2005, as follows:

Section 1. That the bid of NAFECO in the amount of $27,994.00 for fire rescue tools, be and the same is hereby accepted, being the lowest, most responsible, among sealed bids opened on July 26, 2005.

Section 2. That the funds for payment for such amount be drawn from the General Fund Capital Expenditures Budget of the Fire/EMS Department for Fiscal Year 2005.

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

The motion for the adoption of Resolution No. 3909-05 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 3909-05 duly and legally adopted.

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

RESOLUTION NO. 3910-05

A RESOLUTION

ESTABLISHING POLICY

FOR ISSUANCE OF

HURRICANE RE-ENTRY DECALS,

CONTRACTOR HURRICANE PASSES, AND

PROPERTY MANAGEMENT HURRICANCE PASSES

_____________________________________

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON AUGUST 22, 2005, as follows:

Section 1. That all residents and property owners in the City of Gulf Shores, with property on the Island, will be mailed two (2) hurricane re-entry decals to the billing address of record with Baldwin EMC.

Section 2. That those residents and property owners who wish to obtain additional hurricane re-entry decals will be allowed to purchase no more than three (3) additional decals at a total cost of $10.00.

Section 3. That strict proof of residency or property ownership will be required for the purchase of additional hurricane re-entry decals in the form of a deed, lease, utility bill, etc., that bears the street address of the property for which the decal is being purchased.

Section 4. That Property Management Company Hurricane Passes will be sold at a cost of $10.00 each plus a $25.00 administrative fee.

Section 5. That Contractor Hurricane Passes will be sold at a cost of $25.00 each. Replacement passes will be issued at a cost of $25.00 each.

Section 6. That for fiscal year 2005, no Property Management Company Hurricane Passes or Contractor Hurricane Passes will be sold during the period September 15 through October 31.

Section 7. That effective with the 2006 fiscal year, Property Management Company Hurricane Passes and Contractor Hurricane Passes will only be sold during the period November 1 through February 28.

Section 8. That all other resolutions or parts of resolutions of the City of Gulf Shores in conflict herewith shall be and the same are, to the extent of such conflict, hereby repealed.

Section 9. That this Resolution shall become effective upon its adoption.

The motion for the adoption of Resolution No. 3910-05 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 3910-05 duly and legally adopted.

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

RESOLUTION NO. 3911-05

A RESOLUTION

AUTHORIZING AND DIRECTING

MAYOR AND CITY CLERK

TO EXECUTE AND ATTEST, RESPECTIVELY,

MEMO OF UNDERSTANDING WITH

ALABAMA DEPARTMENT OF TRANSPORTATION

FOR UPGRADE OF TRAFFIC SIGNALS

AT INTERSECTIONS OF

ALABAMA 59 AT ALABAMA 180

AND ALABAMA 59 AT 20^TH AVENUE

IN CONTRACT AMOUNT OF $100,000.00; AND

AUTHORIZING PAYMENT OF SUCH AMOUNT

FROM GENERAL FUND BUDGET

_______________________________________

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON AUGUST 22, 2005, as follows:

Section 1. That the City enter into a Memorandum of Understanding with the State of Alabama, acting by and through the Alabama Department of Transportation, for the upgrade of existing traffic signals at the intersections of Alabama 59 at Alabama 180 and Alabama 59 at 20^th Avenue in the City of Gulf Shores.

Section 2. That said Memorandum of Understanding is before this Council, and that the agreement be executed in the name of the Council for and on its behalf, by the Mayor of the City, and that it be attested by the City Clerk and the seal of the City be affixed thereto.

Section 3. That the funds for payment for such services be drawn from the General Fund Capital Expenditures Budget of the Public Works – Streets & Roads Division for Fiscal Year 2005, final revision.

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

The motion for the adoption of Resolution No. 3911-05 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 3911-05 duly and legally adopted.

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

RESOLUTION NO. 3912-05

A RESOLUTION

AUTHORIZING, RATIFYING AND CONFIRMING

EXECUTION OF APPLICATION

FOR FEDERAL ASSISTANCE FOR FILING

WITH THE FEDERAL AVIATION ADMINISTRATION,

UNITED STATES DEPARTMENT OF TRANSPORTATION,

TO FACILITATE OBTAINING FINANCIAL ASSISTANCE

IN THE AMOUNT OF $226,100.00

FOR LAND ACQUISITION FOR JACK EDWARDS AIRPORT

____________________________________________

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON AUGUST 22, 2005, as follows:

Section 1. That the Mayor be and he is hereby authorized and directed to execute an application for federal assistance for filing with the Federal Aviation Administration, United States Department of Transportation, to facilitate obtaining financial assistance in the amount of $226,100.00 for land acquisition for Jack Edwards Airport. 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. 3912-05 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 3912-05 duly and legally adopted.

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

RESOLUTION NO. 3913-05

A RESOLUTION

AUTHORIZING, RATIFYING AND CONFIRMING

EXECUTION OF APPLICATION

FOR STATE ASSISTANCE FOR FILING

WITH THE STATE OF ALABAMA

DEPARTMENT OF TRANSPORTATION

TO FACILITATE OBTAINING FINANCIAL ASSISTANCE

IN THE AMOUNT OF $5,950.00

FOR LAND ACQUISITION FOR JACK EDWARDS AIRPORT

_________ ____________________________________

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON AUGUST 22, 2005, as follows:

Section 1. That the Mayor be and he is hereby authorized and directed to execute an application for state assistance with the Alabama Department of Transportation to facilitate obtaining financial assistance in the amount of $5,950.00 for land acquisition for Jack Edwards Airport. 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. 3913-05 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 3913-05 duly and legally adopted.

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

RESOLUTION NO. 3914-05

A RESOLUTION

RELATING TO REZONING, PUD AND

SITE PLAN APPLICATIONS

FOR MULTI-FAMILY PROJECTS

ON FORT MORGAN PENINSULA

PENDING ADOPTION OF

THE FORT MORGAN PENINSULA LAND USE PLAN

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WHEREAS, the City Council heretofore determined to obtain the input of the public generally and the specific professional planning analysis of Jordan, Jones & Goulding with respect to the issues of permitted uses, use densities, and other issues bearing on the public health, safety, and welfare in zoning districts in the annexed areas of the Fort Morgan Peninsula; and

WHEREAS, to allow sufficient time for the receipt and consideration of public input and professional planning analysis and to maintain the status quo of developments and constructions in the interim in order to promote an orderly transition to such new regulations and requirements as might be adopted, the City Council on February 28, 2005 by resolution suspended consideration of all rezoning, PUD, and multi-family project site plan applications on the Fort Morgan Peninsula, which suspension was subsequently extended by resolutions on June 10, 2005 and July 11, 2005, to and through August 8, 2005; and

WHEREAS, by Resolution No. 3906-05 adopted by the City Council on August 8, 2005, the City Council formally initiated the process of amending and supplementing the Zoning Ordinance to appropriately incorporate the substance of the Fort Morgan Peninsula Land Use Plan prepared by Jordan, Jones & Goulding dated July 20, 2005 which will impose specific limitations on the size, unit density, and other physical parameters allowed in multi-family projects on the Fort Morgan Peninsula; and

WHEREAS, it is necessary and appropriate for the City Council to take further steps to suspend development of multi-family projects in the annexed areas of the Fort Morgan Peninsula on a short term basis pending adoption of the Fort Morgan Peninsula Land Use Plan so as to prevent impairment of the development concepts embodied in such Plan;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES while in Regular Session on AUGUST 22, 2005 as follows:

Section 1. That pending completion of the process of consideration of the amendment and supplementation of the Zoning Ordinance to appropriately incorporate the substance of the Fort Morgan Peninsula Land Use Plan prepared by Jordan, Jones & Goulding dated July 20, 2005 or until the expiration of a period of 180 days from the date of this Resolution, whichever occurs first, the following policies will be in effect with respect to property on the Fort Morgan peninsula lying west of the corporate limits of the City as they existed on August 12, 2002:

(a) As mandated in Section 15-3.A. of the Zoning Ordinance, no site plan application for any multi-family project will be accepted by the City until all required county, regional, state or federal agency approvals have first been obtained. No site plan application for any multi-family project for which all required county, regional, state or federal agency approvals have been obtained will be accepted or processed by the City until completion of the process of consideration of the amendment and supplementation of the Zoning Ordinance to appropriately incorporate the substance of the Fort Morgan Peninsula Land Use Plan prepared by Jordan, Jones & Goulding dated July 20, 2005 or until the expiration of a period of 180 days from the date of this Resolution, whichever occurs first;

(b) No request for the rezoning of property to any zoning district that permits multi-family uses will be granted without the imposition of a special condition pursuant to Section 15-3.G. of the Zoning Ordinance that limits development of such property for multi-family uses to no greater height, bulk, unit density, and all other physical parameters than will otherwise be the maximum allowable to such property under the Fort Morgan Peninsula Land Use Plan prepared by Jordan, Jones & Goulding dated July 20, 2005, as it may be adopted by the City Council as a result of the ongoing amendment consideration process now in progress;

(c) No request for PUD approval for any multi-family project will be granted without the imposition of a special condition pursuant to Section 13-6.A. of the Zoning Ordinance that limits development of such property to no greater height, bulk, unit density, and other physical parameters than will otherwise be the maximum allowable to such property as a PUD under the Fort Morgan Peninsula Land Use Plan prepared by Jordan, Jones & Goulding dated July 20, 2005, as it may be adopted by the City Council as a result of the ongoing amendment consideration process now in progress.

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

The motion for the adoption of Resolution No. 3914-05 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 Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye." Whereupon, the Mayor declared Resolution 3914-05 duly and legally adopted.

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

RESOLUTION NO. 3915-05

A RESOLUTION APPOINTING

JOHN TURBERVILLE

AND IKE WILLIAMS AND

REAPPOINTING JERRY M. BULLARD

TO THE BOARD OF ZONING ADJUSTMENTS

AND APPEALS

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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON AUGUST 22, 2005, as follows:

Section 1. That John Turberville be and he hereby is appointed to the Zoning Board of Adjustments and Appeals, as a Supernumerary member, to serve the unexpired term of Eric Volkoski ending on November 5, 2005.

Section 2. That Ike Williams be and he hereby is appointed to the Zoning Board of Adjustments and Appeals, as a Supernumerary member, to serve the unexpired term of Ken Christian ending on January 7, 2006.

Section 3. That Jerry M. Bullard be and he hereby is reappointed to the Board of Zoning Adjustments and Appeals to serve a full term of three years ending on January 7, 2008.

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

The motion for the adoption of Resolution No. 3915-05 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 Harris, "aye," Councilman Craft, "aye," Councilman Jones, "aye," and Mayor Duke, "aye." Whereupon, the Mayor declared Resolution 3915-05 duly and legally adopted.

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

RESOLUTION NO. 3916-05

REIMBURSEMENT RESOLUTION PURSUANT TO

UNITED STATES TREASURY REGULATION SECTION 1.150-2

BE IT RESOLVED BY the City Council of the City of Gulf Shores, Alabama (the “City”), as follows:

1. The City has found and determined, and does hereby find, determine and declare as follows:

(a) The United States Department of the Treasury has issued final regulations (Section 1.150-2) relating to the use of proceeds of tax-exempt obligations (as hereinafter defined) for the reimbursement of expenditures made prior to the date of issuance of such tax-exempt obligations. Under the regulations, in general, if specified requirements are satisfied, then such proceeds used for reimbursement are deemed to be spent on the date of reimbursement. If such requirements are not satisfied, then proceeds used for reimbursement will remain subject to rebate, arbitrage and other rules relating to tax-exemption until ultimately spent.

(b) The City expects to acquire land and interests in lands for municipal needs such as but not limited to: parks of all types, roads, streets, parking facilities, lighting, other related public improvements for vehicular and pedestrian traffic (collectively the “Projects”).

(c) The City expects the City will establish an improvement district under Chapter 99A of Title 11 of the Code of Alabama 1975 (the "District") to acquire and finance the Projects.

(d) The City expects the Projects to be financed by the issuance by the City or by the District of obligations the interest on which is excludable from gross income for purposes of federal income taxation under Section 103 of the Internal Revenue Code of 1986, as amended (the “tax-exempt obligations”).

(e) In order to proceed with the Projects pending the issuance of tax-exempt obligations, it may be necessary for the City or the District to use its own funds to acquire real or personal property and to pay architects, contractors, engineers, consultants, vendors, attorneys and others.

(f) If the City or the District is required to spend its own funds on the Projects pending the issuance of the tax-exempt obligations, it is the City’s official intent, on behalf of itself and the District, to have such expenditures reimbursed out of net proceeds of the tax-exempt obligations.

2. The City hereby declares its official intent, pursuant to Treas. Reg. §1.150-2, on behalf of itself and the District, to have the expenditures by the City and the District with respect to the Projects and all related improvements thereto reimbursed by the proceeds of tax-exempt obligations. Pending the issuance of the tax-exempt obligations, any funds spent by the City and the District on the Projects are expected to be from the general revenues of the City or short-term loans made by the City or the District.

3. The principal amount of the tax-exempt obligations to be issued for the Projects for which expenditures are to be made is expected to be not in excess of $25,000,000. The amount for which the City or the District expects to reimburse itself from the proceeds of the borrowing is approximately $5,000,000.

4. Any reimbursement to the City or the District is expected to be made on or before the later of the date which is eighteen (18) months after the expenditure is paid or after the property financed thereby is placed in service. Any expenditure to be reimbursed shall be either for engineering expenses or other preliminary expenses as recognized in Section 1.150-2(f) or shall be a capital expenditure properly chargeable to capital account (or would be so chargeable with a proper election such as an election under Section 266) under general federal income tax principles.

The motion for the adoption of Resolution No. 3916-05 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 3916-05 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. 1366

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES,

ADOPTED JULY 24, 1989,

AT CHAPTER 21, TRAFFIC,

ARTICLE I, IN GENERAL,

BY ADDING A NEW SECTION 21-11,

REGULATING THE MOVEMENT OF HOUSES AND

OTHER STRUCTURES ON THE PUBLIC RIGHTS OF WAY

WITHIN THE CITY OF GULF SHORES AND

ITS POLICE JURISDICTION

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WHEREAS, the City Council of the City of Gulf Shores has determined that the regulation of the time and manner of the movement of houses and other structures on the public rights of way within the corporate limits and police jurisdiction of the City is necessary in the interests of the safety and welfare of the public,

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON AUGUST 22, 2005, as follows:

Section 1. That Chapter 21, TRAFFIC, of the Code of Ordinances, adopted July 24, 1989, be and it is hereby amended at ARTICLE I. IN GENERAL, by adding a new Section 21-11. Regulating the movement of houses and other structures on the public rights of way within the City of Gulf Shores and its police jurisdiction, so the entire Section shall read as follows:

CHAPTER 21 TRAFFIC

ARTICLE I. IN GENERAL.

* * *

Sec. 21-11. Regulating the movement of houses and other structures on the public rights of way within the City of Gulf Shores and its police jurisdiction.

(a) It shall be unlawful and an offense against the City punishable as provided in Section 1-8(a) of the City’s Code of Ordinances for any person to use any public right of way within the corporate limits or police jurisdiction of the City of Gulf Shores for the purpose of moving a house or other structure without complying with the requirements of this section.

(b) No house or other structure shall be moved using any public right of way within the corporate limits or police jurisdiction of the City of Gulf Shores unless a moving permit for such move has been issued by the Chief of Police or his authorized agent. Application for such permit shall be made not less than seven (7) working days prior to the date of the proposed move and public notice of the date of the proposed move shall be published prior to such date in a newspaper published in the City of Gulf Shores. In the event that the proposed move will traverse any State Highway, the application for such permit shall be accompanied by a copy of all necessary permits of the Alabama Department of Transportation. In the event the elevation of overhead utility lines will be required for the proposed move, the application for such permit shall be accompanied by documentation confirming that the applicant has made all necessary arrangements with the affected utility providers. The fee for each such moving permit shall be $500.00, or such other sum as may be fixed from time to time by resolution of the City Council.

(c) Unless otherwise authorized in writing by the Chief of Police or his authorized agent, for good cause, no house or other structure shall be moved using any public right of way within the corporate limits or police jurisdiction of the City of Gulf Shores except between the hours of midnight to 6:00 A.M. on Tuesdays and Wednesdays.

(d) No house or other structure shall be moved using any public right of way within the corporate limits or police jurisdiction of the City of Gulf Shores unless the movers are escorted and accompanied throughout the move by an officer of the Gulf Shores Police Department, the Alabama State Troopers, the Baldwin County Sheriff’s Department, or other recognized law enforcement agency. At the time of application for a moving permit, the applicant shall identify the law enforcement officer who will provide escort services and will certify that the applicant has made appropriate arrangements to pay all fees and costs associated with the escort officer’s assistance.

Section 2. That the provisions of this Ordinance are severable. If any part of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, such declaration shall not effect the validity and enforceability of the remaining provisions of the Ordinance.

Section 3. That this Ordinance shall become effective upon its adoption and publication as required by law.

Councilman Craft then moved for the adoption of Ordinance No. 1366 and to waive the reading of said Ordinance at length. The motion for the adoption of Ordinance No. 1366 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. 1366 duly and legally adopted.

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. 1367

AN ORDINANCE GRANTING A NONEXCLUSIVE FRANCHISE

TO IKE’S BEACH SERVICE, INC.

TO PROVIDE FOR OPERATION OF

BEACH EQUIPMENT RENTAL CONCESSION

IN THE CITY OF GULF SHORES; AND AUTHORIZING

THE EXECUTION OF A FRANCHISE AGREEMENT

BETWEEN THE CITY OF GULF SHORES AND THE CORPORATION

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