City Council

AGENDA CITY COUNCIL MEETING COMMITTEE OF THE WHOLE JULY 15, 2013 4:00 PM 1. Presentation of Petitions, Requests and Communications A. Jensen’s Heart of Gold Foundation B. David Swiger – Real Estate Signage 2. Councilmember Discussion Period A. Councilman Doughty 3. Director of Recreation and Cultural Affairs – A. Assembly Permit Application – American Cancer Society B. Assembly Permit Application – Gulf Coast Arts Alliance C. Assembly Permit Application – Mobile Baykeepers Beach Cleanup D. Bid – Multi Purpose Turf Sweeper 4. Planning Director – A. Gulf Place & Lagoon Pass Beach Design Contract 5. Public Works Director – A. Sportsplex Track Renovation Ph. II 6. City Administrator – A. Revised Rental License Ordinance Draft 7. Mayor – A. Updates 8. Adjourn A. Adjourn  Jensen’s Heart of Gold Foundation 6093 Andhurst Dr Gulf Shores, AL 36542 www.jensensheartofgold.com Dear Mayor and City Council: Jensen's Heart of Gold Foundation was created by the Byrd family, after the passing of their 5 year old son Jensen Daniel Byrd in August of 2010. Lynn and Melissa Byrd, and their daughter Jayden, strive to increase awareness of Childhood cancer in order to increase funding and prevent more children from dying from this terrible disease. The foundation contributes 100% of its funds to community outreach and awareness, childhood cancer research and to local families in need who have a child or children stricken with cancer. The inspiration for this event came about during Jensen's final weeks on earth while at home with his family on hospice care. Even in his own suffering, Jensen - like most boys his age - loved playing games and desperately wanted the Mario Super Slugger game for his Wii. When someone graciously sent it to him as a gift, he insisted that his daddy play it for hours on end until he caught on to all the tricks of the game. With such enthusiasm, Jensen became confident enough to play on his own; Confident that he could beat daddy and anyone else who challenged him. His love and excitement for the game grew so much that soon the Wii® version of the game was not enough for him. He rounded up friends and family that were there one day and took them outside for a backyard game of baseball. He gave everyone character names and even explained their movements and trick plays. With his morphine pack in tow, he played until the pain in his chest and abdomen were too much for him. It is a memory that will never be forgotten and will continue to be memorialized in this event. Jensen’s Heart of Gold Foundation is comprised of a board of eight members and a countless number of volunteers that make all of the magic happen. The community really bands together to support this cause and each event they host have gone off flawlessly due to their selfless efforts. The board is comprised of the following members: Melissa Byrd – President Christi Wallace - Secretary Lynn Byrd – Vice President Jodie Smith – Treasurer Jody Marsh – Marketing Director Malinn Kostelecky – Committee Chair Nikki Brothers – Committee Chair Cathy Higginson – Parliamentarian As a non-profit 501c3 organization, we rely solely on private benefactors and sponsors to cover incidental expenses for our events. We have grown tremendously in the last three years and have added many events to our fundraising efforts. We are hosting a girl’s fast pitch tournament, a high school and adult co-ed softball tournament, a car show, and a dodge ball tournament. This list will grow each year with the hopes of hosting an entire sports festival to include any and all sports we can think of. We want to promote health and wellness and incorporate the interests of the entire community. Also new and dear to the organization this year is a local school awareness campaign in the elementary, middle, and high schools. We are implementing many awareness events and contests to encourage knowledge and screening of childhood cancers and the need for funding and research. We will be implementing the Jensen Byrd Scholarship fund as well for eligible High School seniors going into the medical field. More and more kids and families are getting involved and their voices are being heard. One hundred percent of all funds raised supports the awareness campaign, funds research grants for innovative new treatments, and provides hope and hardship assistance to many local families who have children fighting the disease. As a board, all hardship applications are reviewed and voted on and funds are distributed to cover expenses incurred do to lost work or medical needs for the families of choice. The foundation also pools resources with other childhood cancer non profits to supplement research grants as voted on by the board. While we do keep the majority of their assistance to the local level, we realize the importance of funding a cure and providing hope to those still fighting the disease. Please do not turn a blind eye or a deaf ear to this cause. Pediatric cancer is the least funded cancer in the country yet it is the leading cause of disease deaths in children. Forty six children are diagnosed with cancer each day according to many research statistics. Every penny helps to decrease this number and improve favorable outcomes. Please see the attached proposal letter for your review. Thank you so much for considering our request. I look forward to meeting you all at the July 15th meeting. Sincerely, Melissa Byrd – President of Jensen’s Heart of Gold Foundation  Jensen’s Heart of Gold Proposal Thanks to the generosity of the City of Gulf Shores and the use of the Sportsplex, the Super Slugger Softball tournament has raised over $20,000 in just two years. This was made possible due to low overhead expenses, volunteer efforts, and local and corporate sponsorships. As part of our vision, we have added a girls’ fast pitch tournament this year in order to encourage youth participation and awareness of our cause. The foundation also sponsors a local 10u travel ball team called the Super Sluggers. While we understand the need for the city to incorporate fair and just fees to cover their overhead, we respectfully request that we receive reduced fees of $125 per field per day for this inaugural year. This will allow us to maximize the charitable contributions on behalf of the community. Currently, the city’s rate is $250 per field per day. The tournament is scheduled for August 9-11th, 2013. To show our appreciation, the City of Gulf Shores will continue to appear on our website and printed materials as a devoted sponsor. We will work diligently to enforce the “no outside coolers” rule in order to boost city concession sales. Our volunteers are encouraged to assist in maintaining cleanliness of the facility at all times during and after the tournaments as well in attempt to preserve your manpower hours. Invites to all of our events are extended to the entire region and therefore, we will be working with the Sports Commission to track lodging and length of stay at all of our events. As part of our five year plan, we hope to incorporate a sporting festival which will increase the tourism numbers substantially. We appreciate your consideration of this proposal. This is a one-time request in order to determine the potential success of the event and its continuation annually.  Support the American Cancer Society’s Ride For A Reason on August 24, 2013. This South Alabama motorcycle ride allows 300 bikers and passengers to come together from Montgomery, Dothan, Thomasville and all around for a fun day to fight back against cancer. Bikers and passengers will be travelling to Bay Minette from all across the southern half of Alabama and come together to travel down Highway 59 to end at the Hangout in Gulf Shores for the Finish Line Party. Your support will help us continue the fight against cancer to create a world with less cancer and more birthdays. ** Requesting the use of the parking lot east of the Hangout for motorcycles to park. This space would be donated by the City of Gulf Shores and would allow the motorcycles to park safely together without having to pay a parking fee. ** Lt. Tony Nolfe with the Baldwin County Sheriff’s Office has been contacted about assisting with the escort from Bay Minette to the Hangout in Gulf Shores. He will get in contact with Lt. Alan Carpenter at the Gulf Shores Police Department on details. ** Working with Michelle Russ at the CVB on getting people to stay 1-2 nights in Gulf Shores. The CVB is assisting with promotions. ** The Hangout is assisting with promotions. After meeting with Brad Cohen with the Hangout, I learned how this weekend is a drop-off weekend after SEC Beach Week and needed a draw to the area. I hope this event will be an annual event and can help boost the traffic in Gulf Shores while supporting our worthy cause. Thank you for your consideration and support of Ride For A Reason! Sincerely, Allison Faircloth Executive Director, South Alabama American Cancer Society  Application for a Public Assembly Permit must be submitted to The City Clerk at least thirty (30) days prior to the Date of the proposed assembly. APPLICATION FOR PUBLIC ASSEMBLY PERMIT AS REQUIRED BY SECTION 11-20 ET SEQ. OF THE CODE OF ORDINANCES OF THE CITY OF GULF SHORES, ALABAMA Date: July 10, 2013 ORGANIZATION/SPONSOR: GULF COAST ARTS ALLIANCE ADDRESS: P.O. BOX 4153, GULF SHORES, ALABAMA, 36547 AGENT OR REPRESENTATIVE: MARIA BASTIN / ELOISE THOMLEY TELEPHONE NUMBER (home) 968-8222_(business) Maria- 269-4445 / Eloise- 223-3970 Email ADDRESS _____gulfcoastartsalliance@gmail.com____ It is respectfully requested that a Public Assembly Permit be issued to the above named organization or sponsor. The following required information is submitted for the review and approval of the appropriate City Departments and the City Council: a. Purpose of the Public Assembly: __Organize a beach “Art Market”______ ____with local artists from the Coastal area.__ b. Dates of the Assembly: First Saturdays of the month- (2013) Sept. 7, Oct. 5, _Nov. 2, (2014) Feb. 1, April 5, June 7, Aug. 2, Sept. 6. c. Time of the Assembly: __10:00 a.m. to 5:00 p.m._____ d. Estimated number of Participants/Attendees: __100 to 1000 ?_(see info sheet )_ e. Estimated number of Vendors: ___10 to 30 ___________________________ f. Location of Assembly (legal description of property if known): ___Gulf Shores Beach Picnic Area (next to Surfstyle Store )________________ g. Owner of Property: __Gulf Shores (City)________________________________ Supply to Clerk a letter from owner of property permitting use for activity, if not owned by applicant. July 9, 2013 Additional information regarding the noted requirements; b. Dates are subject to Gulf Shores agenda and inclement weather. d. Participants are unknown since this is new and will depend on media and normal beach crowds. e. Vendors will be limited and required to only sell unique handmade Art. h. No city employees will be needed except for normal clean-up of this picnic area. GCAA will work with the vendors to leave the area as clean as when we entered. i. GCAA will pay for the business licenses. Sales and sales taxes will be the responsibility of each vendor. j. 1. No additional city employees, police, fire, or beach patrol, will be needed except for the normal services provided. 2/3. All other vendor and participant needs will be provided by the close city facilities there on the beach. 9. GCAA will only have small “Art Market” banners put up around the market area GCAA might seek permission for other small signs in Gulf Shores that will conform to city regulations. 12. GCAA will submit a liability disclaimer and waiver to Council for approval. This will be included in the vendors signed acceptance for participation. DATE: July 10, 2013 ISSUE: Multi‐Purpose Turf Sweeper Bid BACKGROUND: Bids were opened on July 9, 2013, for the purchase of a new multi‐ purpose turf sweeper. Two bids were submitted, with Beard Equipment submitting the lowest conforming bid in the amount of $26,525.00, plus the additions of a golf course kit for $1,495.00 and set of verticutting blades for $1,440.00, for a total of $29,460.00. RECOMMENDATION: Accept the bid from Beard Equipment in the amount of $29,460.00. PREVIOUS COUNCIL ACTION: Approved in the 2013 Capital Budget. BUDGET IMPLICATIONS: Funds are available through the bond account allocated for Sportsplex Improvements (35‐879‐84400). RELATED ISSUES: N/A ATTACHMENTS:  Bid Tabulation  Beard Equipment Bid Response. DEPARTMENT: Recreation and Cultural Affairs STAFF CONTACT: Renee Eberly, Purchasing Officer TO: Mayor Craft & Members of the City Council FROM: Andy Bauer, Director of Planning & Zoning SUBJECT: Public Beach Design Initiative DATE: July 15, 2013 RECOMME DATIO : Award a contract to Thompson Engineer and AECOM in an amount not to exceed $100,000 to develop a schematic master plan for the Gulf Place Public Beach and Lagoon Pass Public Access. BACKGROU D: The City advertized a Request for Qualifications and notified local and national engineering, landscape architecture, and design firms of the Public Beach Design Initiative. The City received six (6) RFQ’s. Steve Griffin, Mark Acreman, Grant Brown and Andy Bauer reviewed all of the RFQ’s, ranked them and interviewed the top two firms. The team of Thompson Engineering/AECOM is recommended due to their experience in master planning beachside cities and the familiarity of Thompson Engineering to the issues and needs of Gulf Shores. PREVIOUS COU CIL ACTIO : Not Applicable BUDGET IMPLICATIO S: The City has received a $50,000 dollar grant from Alabama Department of Environmental Management for this project and will match the grant with $50,000 dollars of in-kind services and/or money. RELATED ISSUES: Not Applicable DATE: July 10, 2013 ISSUE: Holcome Norton Partners Inc. proposal for preparing construction documents, bidding and construction administration for a hammer cage, shot put ring and javelin runway as well as a schematic master plan for future needs. RECOMMENDATION: Accept Holcome Norton Partners Inc. proposal for professional services in an amount not to exceed $12,800.00. BACKGROUND: In order to host the NAI National Championship the City will have to add a hammer cage, javelin runway as well as an additional shot put ring to our existing facilities. In addition, there is a need to develop a master plan for future development of the Sportsplex property. PREVIOUS COUNCIL ACTION: Holcome Norton Partners Inc. designed the recently completed Sportsplex Track and Field improvements. BUDGET IMPLICATIONS: The project will be funded through bond money. RELATED ISSUES: None ATTACHMENT: • Proposal of Holcombe Norton Partners Inc. DEPARTMENT: Public Works/Recreation & Cultural Affairs STAFF CONTACT: Mark Acreman/Grant Brown DISCUSSIO DRAFT 06/27/13 Rental Reports and Returns ORDI A CE O. A ORDI A CE TO AME D THE CODE OF ORDI A CES, ADOPTED JULY 24, 1989, AT CHAPTER 8, BUSI ESS LICE SES, TAXES, A D REGULATIO S, ARTICLE I. I GE ERAL, TO ADD SECTIO S 8-41 A D 8-42 TO FURTHER REGULATE THE BUSI ESS OF DWELLI G U IT VACATIO RE TALS A D AT ARTICLE VII, SALES USE, LODGI G A D RE TAL TAXES, DIVISIO 4, LODGI G TAX, TO AME D SECTIO 8-208 TO FURTHER REGULATE THE FORM A D CO TE T OF REQUIRED REPORTS A D RETUR S ______________________________________________ WHEREAS, the City Council of the City of Gulf Shores has determined that the recurring inability of the City to contact representatives of persons engaged in the rental of dwelling units for vacation rentals when necessary to promptly address issues raised by the condition or occupancy of such units has been shown to be a material impediment to the City’s ability to ensure the safety and welfare of the public; and WHEREAS, the City Council of the City of Gulf Shores has determined that the failure of persons reporting and remitting collected lodging taxes to identify the specific business licensee with respect to whom such taxes are being reported and remitted materially impedes the City’s ability to monitor and collect business license fees and lodging tax owed with respect to the rental of dwelling units for vacation rentals; and WHEREAS, the City Council has determined that the further regulation of the business of dwelling unit vacation rentals and the reporting and remitting of lodging taxes is required; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON ____________, 2013, as follows: Section 1. That Article I In General of Chapter 8, Business, Licenses, Taxes And Regulations of the Code of Ordinances, adopted July 24, 1989, be and it is hereby {M0140743.1} Ordinance No. (cont'd.) Page 2 amended by the addition of Sections 8-41 through 8-42 reading in their entirety as follows: Sec. 8-41. Designation and Maintenance of Local Contact By Business Licensed For Vacation Rental Of Dwelling Unit Required; Definitions. (a) Definitions: As used in Section 8-41 through 8-42, the following terms shall have the following meanings: Dwelling Unit shall mean a room or group of rooms including a kitchen, sleeping and sanitary facilities designed and used exclusively or occupied as separate living quarters by not more than one (1) Family and located within the City of Gulf Shores or its police jurisdiction. The term "Dwelling Unit" does not include a Sleeping Unit in a bona fide Motel or Hotel but does include a Sleeping Unit in a Condotel. All undefined capitalized terms included in this definition have the meanings defined in the Zoning Ordinance of The City of Gulf Shores as in effect from time to time. Vacation Rental shall mean any lease, sublease, rental, or other licensing of the use of a Dwelling Unit by an owner or lessee for any period of fewer than 180 consecutive days. Local Contact or Designee shall mean a person identified by name, address, telephone number, and email address who will at all times be on call to appear onsite at a Dwelling Unit to deal with any issue relating to the condition or occupancy of the Dwelling Unit within 120 minutes after transmission of a telephone and/or email request for such appearance by any City law enforcement officer and/or City firefighter. (b) Designation of Current Local Contact For Each Dwelling Unit Utilized For Vacation Rentals. At the time application is made for the issuance or renewal of a license to engage in the business of Vacation Rental of a Dwelling Unit, the person to be licensed shall designate a Local Contact with respect to the Dwelling Unit for the {M0140743.1} Ordinance No. (cont'd.) Page 3 duration of the license year. The licensee may file an amended designation to substitute a replacement Local Contact as the need may arise during the license year, but the designation of a current Local Agent with respect to the Dwelling Unit shall be maintained by the licensee at all times during the license year. The City Revenue Department shall issue to each person engaged in the business of Vacation Rental of a Dwelling Unit a vacation rental permit identifying the name, address, telephone number, and email address of the current designated Local Contact for the Dwelling Unit. The vacation rental permit shall be posted and maintained in a legible condition in a conspicuous exterior position at the primary entryway to the Dwelling Unit. (c) Failure To Comply With Requirements Of Section Punishable As An Offense. It shall be an offense punishable as provided in Section 8-42 for a person engaged in the business of Vacation Rental of a Dwelling Unit (1) to fail to maintain a current designation of a Local Contact, (2) to fail to post and maintain the current vacation rental permit at the Dwelling Unit as required in Section 8- 41(b) above, or (3) to fail to cause the designated Local Contact to appear timely at the Dwelling Unit as prescribed in Section 8-41(a) when summoned by an officer of the City. Each day or portion of a day on which a current designation of a Local Contact is not in effect shall constitute and be punishable as a separate offense. Each day or portion of a day on which a current vacation rental permit is not posted and maintained in a legible condition in a conspicuous exterior position at the primary entryway to the Dwelling Unit shall constitute and be punishable as a separate offense. Each failure of the designated Local Contact to appear timely at the Dwelling Unit when summoned by an officer of the City shall constitute and be punishable as a separate offense. Sec. 8-42. Penalty For Violation of Section 8-41. Any person engaged in the business of Vacation Rental of a Dwelling Unit violating Section 8-41 of the Code of Ordinances shall be guilty of an offense and, upon conviction, shall be punished for each offense as follows: For each violation of Section 8-41(c)(1) by a fine of not less than $100.00 and not more than $500.00. {M0140743.1} Ordinance No. (cont'd.) Page 4 For each violation of Section 8-41(c)(2) by a fine of not less than $100.00 and not more than $500.00. For each violation of Section 8-41(c)(3) involving a complete failure of the designated Local Contact to appear at the Dwelling Unit when summoned by an officer of the City by a fine of $500.00. For each violation of Section 8-41(c)(3) involving a failure of the designated Local Contact to appear timely at the Dwelling Unit when summoned by an officer of the City by a fine of not less than $100.00 and not more than $500.00 for the first offense, a fine of not less than $250 and not more than $500.00 for second offense and a fine of $500.00 for the third and each subsequent offense. Any natural person violating any provision of Section 8-41 shall, upon conviction, also be subject to imprisonment for each offense for a period not exceeding 30 days, in the discretion of the court trying the case. Section 2. That Section 8-208 of Article VII, Sales, Use, Lodging And Rental Taxes, Division 4, Lodging Tax of Chapter 8, Business, Licenses, Taxes And Regulations of the Code of Ordinances, adopted July 24, 1989, be and it is hereby amended to read in its entirety as follows: Sec. 8-208. - Monthly Reports And Annual Returns To Be Filed Separately In The ame Of The Actual Licensee; Reports Under Oath. (a) All reports and returns required under Section 8-205 and Section 8-206 shall be filed separately in the name of the person on whom the taxes levied by this article are imposed, with a clear designation of the taxpayer identification number shown on the City business license held by such person. Rental agents and management companies may not file composite returns on behalf of their owner clients that do not separately allocate gross proceeds and payments on the basis of the City taxpayer identification numbers of the various owner clients. If lodging tax remittance is made utilizing a composite state/county/city system that does not provide the City with a separate allocation based on City taxpayer identification numbers, separate reports and returns containing the required allocation information shall be filed with the City. {M0140743.1} Ordinance No. (cont'd.) Page 5 (b) The monthly reports herein required to be made are not required to be made on oath; but wherever in this article any report is required to be sworn to, the same shall be sworn to by the taxpayer or his agent before some officer authorized to administer oaths, and any false statement of a material fact made with intent to defraud shall constitute perjury, and upon conviction thereof the person so convicted shall be punishable as provided by law. Section 3. That this Ordinance shall not be interpreted to repeal any other ordinance of the City of Gulf Shores or any provision of the law of Alabama adopted by operation of Section 1-8 of the City’s Code of Ordinances. Section 4. That the provisions of this Ordinance are severable and a determination of the invalidity of any portion of this Ordinance shall not affect the validity and enforceability of the remainder of the Ordinance. Section 5. That this Ordinance shall become effective on and after January 1, 2014. following its adoption and publication as required by law. ADOPTED this __ day of __________, 2013. __________________________ Robert Craft, Mayor ATTEST: ________________________________ Wanda Parris, City Clerk CERTIFICATE _____________________ I, Wanda Parris, City Clerk of the City of Gulf Shores, Alabama, do hereby certify that the foregoing is a true and correct copy of Ordinance No. (prepared by City {M0140743.1} Ordinance No. (cont'd.) Page 6 Clerk), which Ordinance was duly and legally adopted at a regular meeting of the City Council on ____________, 2013, and the same was duly published by ______________________________________________________. _____________________________ City Clerk {M0140743.1}