A G E N D A

REGULAR COUNCIL MEETING

CITY OF GULF SHORES, ALABAMA

AUGUST 8, 2005

1. Call to Order

2. Invocation

3. Pledge of Allegiance

4. Roll Call

5. Approval of Minutes – Regular Meeting of July 25, 2005

6. Public Hearing

A. Proposed Purchase and Lease of Property – Colonial Realty

Limited Partnership

Resolution – Pursuant to Constitutional Amendment No. 750

B. Consent Vacation – United Properties Group LLC and Coastal

Resort Properties LP – West 26^th Avenue Between West 5^th

Street and West 6^th Street

7. Hearing of Persons Not Listed on Formal Agenda

8. New Business

A. Resolution – Site Plan – West Shore Condominium

B. Resolution – Site Plan – Plash Island I

C. Resolution – Approve Final PUD and Site Plan – Plash Island

D. Resolution – Site Plan – Gulf Shores Business Center

E. Resolution – Authorize Demolition of Structures

F. Resolution – Award Bid – Utility Van

G. Resolution – Authorize Purchases for Building Department

H. Resolution – Authorize Contract – Van Scoyoc Associates,

Inc. – Federal Relations Services

I. Resolution – Support Plan to End Chronic Homelessness

J. Resolution – Relating to Rezoning and Planned Unit

Development Applications on Fort Morgan Peninsula and

Initiating Process of Adopting Fort Morgan Peninsula Land

Use Plan

K. Ordinance - Authorize Issuance of $1,050,000 General

Obligation Warrant

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

Buildings; Construction and Related Activities – Section

7-4, Permit Fees

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

Buildings; Construction and Related Activities – Article

II. Supplemental Coastal Requirements

N. Ordinance - Amend Code of Ordinances – Chapter 8, Business

Licenses, Taxes, and Regulations – Sections 8-29 and 8-31

– Due Date for Payment of License

O. Ordinance - Assent to Annexation – Riverfront, LLC – 16730

Oyster Bay Place

P. Ordinance - Assent to Annexation – Water’s Edge, LLC –

1577 Highway 180 West

9. Committee Reports

A. Garris B. Doughty C. Harris

D. Craft E. Jones

10. Staff Reports

11. Adjourn

MINUTES OF A REGULAR MEETING

OF THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA

The City Council of the City of Gulf Shores, Alabama, met in regular public session at City Hall in the City of Gulf Shores, Alabama, at 5:00 o'clock P.M. on August 8, 2005.

The meeting was called to order by the Mayor, and the roll was called with the following results:

Present: Billy Duke, Mayor

Joe Garris

Philip Harris

Carolyn Doughty

Stephen Jones

Absent: Robert Craft

The Mayor stated the meeting was open for the transaction of business.

The invocation was delivered by The Reverend Mark Jemison, Gulf Shores Church of Christ. The Pledge of Allegiance to the flag was led by Mayor Duke.

Councilman Jones moved to approve the minutes of the regular meeting of July 25, 2005, as presented; seconded by Councilman Harris; and the vote of those officials present was unanimously in favor of the motion.

Mayor Duke stated that this was the time and place for the public hearing, as advertised, authorizing the adoption of a Lease and Development Agreement and Repurchase and Sale Agreement between the City and Colonial Realty Limited Partnership, and issuance of up to $12,500,000 General Obligation Taxable Warrant in connection with the Lease and Development Agreement.

A group of Craft Farms residents complained of the lighting from the recently opened movie theater, as well as the view of the back of the facility.

Paul Glasscock, representing Colonial Pinnacle, stated that this would be taken care of.

The Craft Farms residents further expressed concern over the proposed road through the lifestyle center into Craft Farms and questioned the businesses to locate in the center.

The Mayor advised that these issues would be addressed in future meetings.

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

RESOLUTION NO. 3896

A RESOLUTION PURSUANT TO

CONSTITUTIONAL AMENDMENT NO. 750

BE IT RESOLVED by the City Council of the City of Gulf Shores, Alabama, as follows:

SECTION 1. The City Council does hereby find, determine, represent and warrant as follows:

a. Notice of this meeting and proposed action by the City of Gulf Shores was published in the Mobile Register on July 31, 2005, and in The Islander on July 30, 2005. The Mobile Register is the paper with the largest circulation in the City of Gulf Shores, and The Islander is published in Baldwin County, Alabama.

SECTION 2. The City is in final negotiation of the terms of a Lease and Purchase Agreement by and between the City and Colonial Realty Limited Partnership (“Colonial”). The City anticipates the authorization of an up to $12,500,000 maximum principal amount General Obligation Taxable Warrant, the proceeds of which would be used in connection with the proposed Lease and Purchase Agreement. The proposed Lease and Purchase Agreement in essence would provide for, upon certain conditions having been met, among other things: (1) the purchase of approximately forty-two (42) acres of real estate by the City from Colonial to be purchased in two installments of $5,000,000 each, for a total purchase price of $10,000,000; and (2) the lease of the purchased real estate by the City to Colonial for a term ending in 2035, with an option by Colonial to extend the lease for two additional 30-year terms. Rent would begin accruing two years after the City purchases the property, and the amount of rent for five years would be based generally on the amount of debt service paid by the City on the warrant which the City intends to issue to finance the purchase of the real estate less the amount of revenues which the City receives from property taxes (or payments in lieu of property taxes) and taxes generated by virtue of business activity in connection with the development to be known as Colonial Pinnacle at Craft Farms. Rent after seven years would be $10,000 annually. A proposed Repurchase and Sale Agreement also in final negotiation with Colonial would provide for the repurchase of the real estate by Colonial for $400,000 plus an amount, if any, that would ensure that the purchase price and tax revenues (and payments in lieu of taxes) received by the City from the development will have been sufficient to repay the warrant to be issued in connection with the Lease and Development Agreement. Colonial intends to develop Colonial Pinnacle at Craft Farms as an upscale shopping center with retail space and restaurants and a movie theater. The real property may also be utilized for office, residential and hotel purposes.

SECTION 3. The City Council hereby determines that the proposed expenditure of public funds for the purchase of real property from Colonial and the lease of the property to Colonial, all as described above, and the issuance of an up to $12,500,000 maximum amount general obligation warrant in connection therewith, will serve a valid and sufficient public purpose, notwithstanding any incidental benefits accruing to Colonial.

SECTION 4. This resolution shall become effective immediately upon its adoption.

The motion for the adoption of Resolution No. 3896-05 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 Jones, "aye," and Mayor Duke, "aye." Councilman Craft was absent. Whereupon, the Mayor declared Resolution 3896-05 duly and legally adopted.

Mayor Duke stated that this was the time and place for the public hearing as it relates to the consent vacation of a portion of platted right of way known as West 26^th Avenue lying between West 5^th Street and West 6^th Street. Such right of way was the subject of a consent vacation petition approved by the County Commission in 1982.

There was no comment. The Mayor declared the public hearing closed.

The Mayor asked if anyone wished to address the Council but had been unable to get on the printed agenda.

Janice Pilgrim, a local resident, asked why the City rights-of-ways are not being maintained as they used to be.

The Mayor stated that the City is in the process of contracting for the mowing of rights-of-way. Due to Hurricane Ivan and the large amounts of rained receive such, the City crews have gotten behind.

Ms. Pilgrim stated that there are many unoccupied buildings in the City and their grounds are not being maintained; when will this be resolved.

Mayor Duke stated that the City is in the process of notifying all owners of properties in the City of their responsibilities of maintaining such.

Ms. Pilgrim expressed concern with the road condition of Gulf Avenue.

The Mayor advised that the First Baptist Church requested and received permission from the City to close this street. The Mayor asked Charles Hamilton, Public Works Director, to contact the Church and determine their plans in this regard.

Upon the request of the Mayor, City Planner Andy Bauer presented the following communications from his Department and the Planning Commission relative to the Site Plan for West Shore Condominium:

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

RESOLUTION NO. 3897-05

A RESOLUTION APPROVING SITE PLAN OF

HUTCHISON, MOORE AND RAUCH, LLC

FOR A DEVELOPMENT TO BE KNOWN AS

WEST SHORE CONDOMINIUM

LOCATED BETWEEN WEST BEACH BOULEVARD

AND LITTLE LAGOON;

AND SETTING FORTH FINDINGS OF FACT AND

CONCLUSIONS, IN ACCORDANCE WITH REQUIREMENTS

OF ARTICLE 15 OF ZONING ORDINANCE NO. 235

(SP2005-18)

____________________________________________

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON AUGUST 8, 2005, as follows:

Section 1. That the Site Plan of Hutchison, Moore, and Rauch, LLC for a 16-story, 43-unit multi-story structure, to be known as West Shore Condominium, located between West Beach Boulevard and Little Lagoon, be and it is hereby approved.

The Site Plan approved and referenced herein shall be comprised of the following exhibits: Exhibit A – Plans submitted by Hutchison, Moore, and Rauch, LLC dated August 8, 2005.

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

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

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

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

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

1) The City Attorney shall confirm that this application is made on behalf of the requisite number of owners to comply with the State of Alabama law.

2) Building elevation sheets do not measure to the scale as identified. This must be corrected. The applicant shall determine whether the ground floor can be used for heated and cooled space according to FEMA and City regulations.

3) An ALDOT driveway permit shall be obtained for the driveway as shown. An application to the ALDOT does not appear to be in the file. This must be provided.

4) The applicant needs to provide verification that the site does not contain any wetlands. All outside agency approvals must be submitted.

5) The sidewalk connecting to the existing pedestrian walkway along Highway 182 shall be striped where it crosses the driveway.

6) The applicant must address the following landscape requirements:

· Applicant shall provide a minimum ten foot (10’) landscape buffer on site, immediately adjacent to the West Beach Boulevard right-of-way (Article 15-9.F.1.a.). Property line shall be indicated on landscape plans.

· Inconsistencies in the landscape plans must be corrected. Landscape plans show parking under the building; other plans do not show parking spaces under the building.

· Existing trees shall be identified and shown on the landscape plan.

· Additional landscape islands are required in the central parking area.

· A minimum of two (2) different tree species, not counting palm trees, shall be planted within the landscape setback within the street frontage (Article 15-9.F.2.C. and D.).

· Applicant shall provide foundation plantings for the condo building.

(7) Monochromatic low pressure sodium lighting or other

turtle friendly lighting is required exterior

lighting for condominiums along East and West Beach

Boulevards.

(8) Applicant shall provide bottom of wall elevations along keystone retaining wall on the Site Grading and Drainage Plan.

(9) Applicant shall provide a detail of the “low keystone retaining wall”.

(10) Public Works comments and conditions:

· Drainage – Additional spot elevations need to be shown at the base of the proposed retaining wall needs to be graded to allow stormwater to flow north to the Lagoon and prevent ponding on adjacent properties. The pool deck needs to be shifted to the east to allow stormwater to flow into the Lagoon without being diverted onto adjacent property. The catch basin needs to provide a sump to collect silts before it can enter the underground percolation bed. A temporary benchmark referencing the NAVD control point it is tied to must be shown on the plans. The drainage maintenance plan must be conveyed to the appropriate property maintenance organization.

· Parking and Driveways – The curb and catch basin details need to specify the concrete strength. A sidewalk detail including concrete thickness, strength, and expansion joint and contraction joint spacing needs to be added to the plans.

· Parking Lot and Driveway Lighting – A detail showing the fixture type, mounting height and wattage for proposed parking lights needs to be added to the plan. Lighting must be arranged so as not to intrude on neighboring properties.

· Other Comments – The vicinity map needs to indicate the address of the proposed site.

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

1) Relationship to adjoining properties;

2) Internal circulation, both vehicular and pedestrian;

3) Design of access and egress and impact on adjoining

streets;

4) Disposition and use of open space, provision of screening

and/or buffering, and preservation of existing natural

features including trees, wetlands, and dunes;

5) Size and bulk of the structure meets or exceeds compliance

with area requirements;

6) Building arrangements both between buildings in the

proposed development and those on adjoining sites.

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

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

The motion for the adoption of Resolution No. 3897-05 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 Jones, "aye," and Mayor Duke, "aye." Councilman Craft was absent. Whereupon, the Mayor declared Resolution 3897-05 duly and legally adopted.

Upon the request of the Mayor, City Planner Andy Bauer presented the following communications from his Department and the Planning Commission relative to the Site Plan for Plash Island I:

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

RESOLUTION NO. 3898-05

A RESOLUTION APPROVING SITE PLAN OF

THE HEAD COMPANIES

FOR A DEVELOPMENT TO BE KNOWN AS

PLASH ISLAND I

LOCATED ON PLASH ISLAND;

AND SETTING FORTH FINDINGS OF FACT AND

CONCLUSIONS, IN ACCORDANCE WITH REQUIREMENTS

OF ARTICLE 15 OF ZONING ORDINANCE NO. 235

(SP2005-33)

____________________________________________

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON AUGUST 8, 2005, as follows:

Section 1. That the Site Plan of The Head Companies for a 21-story condominium building and an 11-story condominium building, to be known as Plash Island I, located on Plash Island, be and it is hereby approved.

The Site Plan approved and referenced herein shall be comprised of the following exhibits: Exhibit A – Plan sheets submitted by The Head Companies dated August 8, 2005.

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

A. The plan is consistent with the comprehensive plan and the purpose and intent of the zoning district in which it is located – BTL/PUD (tourist lodging/planned unit development).

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

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

1) One (1) copy of the utility letter from a trash provider stating availability of service.

2) Swimming pool deck may not encroach into the twenty-five foot (25’) waterfront setback.

3) Condominium “A” may not encroach into the twenty-five foot (25’) waterfront setback.

4) All ADEM and Corps permits shall be received prior to issuance of building permit.

5) An acceptable refuse collection method must be provided. Refuse collection should be designed in a manner that does not require, necessitate, or encourage the backing of collection vehicles into adjacent streets or in manners that may create unsafe situations for pedestrians and automobiles.

6) A site lighting plan shall be provided. All lighting shall be shielded from all adjacent properties. Lighting details shall include pole heights.

7) Provide details for all proposed fences, wall, boardwalks, gazebos, etc.

8) It appears that the flood zone for this area is AE11. Applicant shall confirm that first habitable floors are twelve feet (12’) above base flood elevation.

9) All conditions of preliminary PUD approval shall be complied with prior to the issuance of a building permit.

10) Revised engineering plans shall be submitted.

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

12) The following comments from the Public Works Department must be addressed:

· Drainage and Erosion Control – A temporary benchmark referencing the NAVD control point to which it is tied must be shown on the plans. Project owners are required by Section 8 of City Ordinance No. 311 to provide a letter signed by the owner of the property detailing a drainage maintenance plan for the drainage system and containing a commitment to maintain that system until it is turned over for maintenance to the property owner’s association, lessee, or property manager. The drainage maintenance plan must be conveyed to the appropriate property maintenance organization. The erosion control plan needs to show turbidity barriers between the areas to be dredged and Bay John.

· Traffic Circulation – A deceleration lane and left turn lane need to be provided in accordance with the recommendation of the traffic study. The developer will need to obtain a permit from Baldwin County for the deceleration lane and center turn lanes to be constructed on County Road 6.

· Parking Lot and Driveway Lighting – A parking lot lighting plan in accordance with Section 12-1.F.5. of the Zoning Ordinance must be provided prior to building permit approval. A detail showing the fixture type, mounting height and wattage for proposed parking lights needs to be added to the plan. Lighting must be arranged so as not to intrude on neighboring properties.

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

1) Relationship to adjoining properties;

2) Internal circulation, both vehicular and pedestrian;

3) Design of access and egress and impact on adjoining

streets;

4) Disposition and use of open space, provision of screening

and/or buffering, and preservation of existing natural

features including trees, wetlands, and dunes;

5) Size and bulk of the structure meets or exceeds compliance

with area requirements;

6) Building arrangements both between buildings in the

proposed development and those on adjoining sites.

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

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

The motion for the adoption of Resolution No. 3898-05 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 Jones, "aye," and Mayor Duke, "aye." Councilman Craft was absent. Whereupon, the Mayor declared Resolution 3898-05 duly and legally adopted.

Upon the request of the Mayor, City Planner Andy Bauer presented the following communications from his Department and the Planning Commission relative to the Final PUD Plan and Site Plan for Plash Island II:

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

RESOLUTION NO. 3899-05

A RESOLUTION APPROVING FINAL PLAN

AND SITE PLAN OF

PLANNED UNIT DEVELOPMENT,

TO BE KNOWN AS PLASH ISLAND II,

A MIXED USE DEVELOPMENT

TO BE LOCATED ON PLASH ISLAND,

GULF SHORES ALABAMA,

IN ACCORDANCE WITH SECTION 13-6

OF ORDINANCE NO. 235, AS AMENDED,

ADOPTED MAY 10, 1982

(SP2005-34)

_____________________________________

WHEREAS, The Head Companies have submitted to the City Council documentation which satisfies the requirements of Article 13 of Gulf Shores Zoning Ordinance No. 235, as amended, pertaining to the Final Development Plan;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON AUGUST 8, 2005, as follows:

Section 1. That the final plan of Plash Island II, a Planned Unit Development, has been reviewed by staff and the Gulf Shores Planning Commission, is found to be in substantial conformance with the Outline Development Plan approved by the City Council on June 13, 2005, and is hereby approved as submitted in accordance with Article 13, Section 13-6 of Ordinance No. 235, as amended, adopted May 10, 1982.

Section 2. That the Site Plan of The Head Companies for two 21-story condominium buildings, a marina and amenities, to be known as Plash Island II, located on Plash Island, be and it is hereby approved.

The Site Plan approved and referenced herein shall be comprised of the following exhibits: Exhibit A – Plans submitted by The Head Companies dated August 8, 2005.

Section 3. That the decision of the Council is that the Site Plan is in the public interest, based on the following findings of fact and conclusions:

A. The plan is consistent with the comprehensive plan and the purpose and intent of the zoning district in which it is located – BTL/PUD (tourist lodging/planned unit development).

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

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

1) The Plash Island/Bon Secour River Land Use Study recommends improving the paving surface and shoulders of Plash Island Road. Typical right-of-way for collector streets in the City is eighty feet (80’) and lane width is twenty-four feet (24’). Plash Island Road currently has a forty-five foot (45’) right-of-way and twenty foot (20’) lane width.

2) It appears that the flood zone for this area is AE11. Applicant shall confirm that first habitable floors are twelve feet (12’) above base flood elevation.

3) No structure, pool area, or other amenities shall encroach into the twenty-five foot (25’) waterfront setback. The amenity area and deck and each pool deck shall reflect this requirement.

4) The following landscape items need to be addressed:

· A minimum three foot (3’) wide landscape area shall be provided for the purpose of separating the parking lot from the buildings.

· Within the north wetlands/nature park, the twelve inch (12”) pine and eighteen inch (18”) pine located next to the six inch (6”) oak shall be preserved and be shown on landscape plans.

· An automatic irrigation system shall be provided to all landscape areas.

· Between single family and multi-family residential, ten foot (10’) of landscaping plus required setback and a fence or wall is required. Wall/fence and additional landscape buffer shall be shown on plans.

(5) Parking lot and street lighting plans shall be

provided. All lighting shall be shielded from all

adjacent properties. Lighting details indicating

mounting height shall be provided.

(6) Provide details for any proposed fences, wall,

boardwalks, gazebos, etc.

(7) All ADEM and Corps permits shall be received prior to

issuance of building permit.

(8) All conditions of Preliminary PUD approval shall be

addressed prior to the issuance of a building permit.

(9) Revised engineering plans shall be submitted.

(10 ) Development shall conform to the requirements of the

Jordan, Jones & Goulding Plash Island/Bon Secour

River Land Use Study.

(11) The following comments from the Public Works

Department need to be addressed:

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

1) Relationship to adjoining properties;

2) Internal circulation, both vehicular and pedestrian;

3) Design of access and egress and impact on adjoining

streets;

4) Disposition and use of open space, provision of

screening and/or buffering, and preservation of

existing natural features including trees, wetlands,

and dunes;

5) Size and bulk of the structure meets or exceeds

compliance with area requirements;

6) Building arrangements both between buildings in the

proposed development and those on adjoining sites.

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

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

The motion for the adoption of Resolution No. 3899-05 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 Jones, "aye," and Mayor Duke, "aye." Councilman Craft was absent. Whereupon, the Mayor declared Resolution 3899-05 duly and legally adopted.

Upon the request of the Mayor, City Planner Andy Bauer presented the following communications from his Department and the Planning Commission relative to the Site Plan for Gulf Shores Business Center:

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

RESOLUTION NO. 3900-05

A RESOLUTION APPROVING SITE PLAN OF

TRACY BAILEY

FOR A DEVELOPMENT TO BE KNOWN AS

GULF SHORES BUSINESS CENTER

LOCATED ON LOT 8, GULF SHORES BUSINESS

AND INDUSTRIAL PARK;

AND SETTING FORTH FINDINGS OF FACT AND

CONCLUSIONS, IN ACCORDANCE WITH REQUIREMENTS

OF ARTICLE 15 OF ZONING ORDINANCE NO. 235

(SP2005-37)

____________________________________________

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON AUGUST 8, 2005, as follows:

Section 1. That the Site Plan of Tracy Bailey for a 12,600 square foot single story office/warehouse, to be known as Gulf Shores Business Center, located on Lot 8 (939 Commerce Drive) in the Gulf Shores Business and Industrial Park, be and it is hereby approved.

The Site Plan approved and referenced herein shall be comprised of the following exhibits: Exhibit A – Plans submitted by Tracy Bailey dated August 8, 2005.

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

A. The plan is consistent with the comprehensive plan and the purpose and intent of the zoning district in which it is located – I-1 (light industrial).

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

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

1) One (1) boundary survey of the property. The boundary survey shall indicate contour intervals at a minimum of one foot (1’). Survey shall include a complete legal description of the property and the size of the property in acres and/or square feet. (Property dimensions are to be shown on all plan sheets.)

2) The landscape plan shall reflect correct lot numbers adjacent to the subject property.

3) A utility letter must be submitted from a trash provider stating the property may be adequately served by such utility.

4) Grading and drainage plans in compliance with Erosion and Sediment Control in Article 5, Chapter 7, of the City’s Code of Ordinances.

5) The grading plan shall show existing and proposed grades.

6) Upon application for a building permit, airport soundproofing will be a construction requirement.

7) There is a discrepancy between the proposed use of the building on some of the plan sheets. Many of the sheets state the use to be office/warehouse, but the floor plans state only office use. All plans shall be consistent and the uses of each unit shall be clearly identified on the plans. Office use for the entire building requires a much higher parking calculation and the site plan would have to be revised to meet the parking requirements.

8) Comments from the Public Works Department need to be addressed:

· Drainage – The Streets Division needs to approve the proposed invert elevations of the driveway culverts and will provide the pipe size. The pipe size needs to be shown on the plans.

· Parking Lot and Driveway Lighting – The parking lot lighting plan should show a detail of each of the fixture types, mounting height, and wattage for proposed parking lots.

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

1) Relationship to adjoining properties;

2) Internal circulation, both vehicular and pedestrian;

3) Design of access and egress and impact on adjoining

streets;

4) Disposition and use of open space, provision of screening

and/or buffering, and preservation of existing natural

features including trees, wetlands, and dunes;

5) Size and bulk of the structure meets or exceeds compliance

with area requirements;

6) Building arrangements both between buildings in the

proposed development and those on adjoining sites.

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

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

The motion for the adoption of Resolution No. 3900-05 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 Jones, "aye," and Mayor Duke, "aye." Councilman Craft was absent. Whereupon, the Mayor declared Resolution 3900-05 duly and legally adopted.

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

RESOLUTION NO. 3901-05

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 AUGUST 8, 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:

1476 West Beach Blvd. - $6,500

1510 West Beach Blvd. - $9,700

1277 West Beach Blvd. - $9,400

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

The motion for the adoption of Resolution No. 3901-05 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 Jones, "aye," and Mayor Duke, "aye." Councilman Craft was absent. Whereupon, the Mayor declared Resolution 3901-05 duly and legally adopted.

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

BID TABULATION

ITEMS TO BE PROCURED: Utility Van

NUMBER OF SOURCES SOLICITED: 21

ADDITIONAL SOLICITATION: Posted at City Hall

Ad in The Islander

BID OPENING DATE: August 2, 2005

NUMBER OF RESPONSES: 3

BIDDERS BID PRICE

Long Lewis Ford $26,547.00 (2005 model)

Long Lewis Ford 27,842.10

Orville Beckford Ford 26,989.00

Coastal Ford 26,624.80 (Demo w/1600 mi.)

Ward International NO BID

Robinson Bros. Lincoln NO BID

Empire Freightliner NO BID

Gulf Coast Chrysler Jeep NO BID

Moyer Ford Mercury NO BID

Gulf Chrysler Plymouth NO BID

Southern Chevrolet NO BID

Don Dawson Jeep Eagle NO BID

Truck & Equipment NO BID

Shoals Ford, Inc. NO BID

Chuck Stevens Automotive NO BID

Mike Van Chevrolet-Olds NO BID

Johnson Ford, Inc. NO BID

Bayview Ford NO BID

Bayview Ford Lincoln NO BID

Chris Meyers Pontiac NO BID

Parkway Buick NO BID

Chris Meyers Nissan NO BID

Present: Marcia Ward, Revenue Officer

Wanda Brantley, Procurement Officer

Connie Holmes, Account Clerk

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

RESOLUTION NO. 3902-05