City Council

AGENDA REGULAR COUNCIL MEETING CITY OF GULF SHORES, ALABAMA JULY 22, 2013 1. Call to Order 2. Invocation – Battalion Chief, Bo Smith – Gulf Shores Fire Rescue 3. Pledge of Allegiance 4. Roll Call 5. Approval of Minutes A. July 8, 2013 – Council Meeting B. July 15, 2013 – Council Work Session 6. Approval of Expense Vouchers 7. Presentation of Petitions, Requests and Communications A. Assembly Permit Application – American Cancer Society – Ride for a Reason B. Assembly Permit Application – Mobile BayKeepers Beach Cleanup 8. Public Hearing A. Ordinance – Amend Zoning Ordinance – Tattoo Parlor and Body Piercing Studio 9. New Business A. Resolution – Award Bid – Multi Purpose Turf Sweeper B. Resolution – Authorize Professional Services Contract – Sportsplex Track Renovation C. Resolution – Authorize Professional Services Contract – Public Beach Desing D. Resolution – Authorize Change Order – 5th Street & 7th Street Drainage Project 10. Committee Reports 11. Staff Reports 12. Hearing of Persons Not Listed on Formal Agenda 13. Adjourn  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 2 acre gravel parking lot north of the Beach Road 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. ACS will provide signs for the city to post. ** 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  ORDINANCE NO. AN ORDINANCE TO AMEND ORDINANCE NO. 1584 (ZONING ORDINANCE), ADOPTED JANUARY 1, 2010, AT ARTICLE 4: DEFINITIONS, SECTION 4-2 USE DEFINITIONS, BY ADDING DEFINITION FOR BODY PIERCING STUDIO AND TATTOO PARLOR; AND AT ARTICLE 11: SPECIFIC USE REGULATIONS, SECTION 11-5 HOME OCCUPATIONS, BY ADDING ITEM 11-i. TATTOO PARLOR AND BODY PIERCING STUDIOS; AND BY ADDING SAME AT APPENDIX ENTITLED USE REGULATIONS FOR NON-RESIDENTIAL DISTRICTS TABLE ZA2013-02 __________________________________________ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON JULY 22, 2013, as follows: Section 1. That Ordinance No. 1584 (Zoning Ordinance), adopted January 1, 2010, be and it is hereby amended at ARTICLE 4: Definitions, Section 4-2. Use Definitions, by adding definitions for body piercing studio and tattoo parlor as follows: ARTICLE 4: Definitions. * * * Section 4-2. Use Definitions. * * * Body-piercing studio: An establishment whose primary business activity is the practice of creating openings in the body of a person for the purpose of inserting jewelry or other decorations. * * * Tattoo parlor: Business activities including the practice of placing designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of skin by means of the use of needles or other instruments designed to contact or puncture the skin. This definition excludes permanent cosmetic establishments and hospitals or other facilities operated by licensed medical practitioners. * * * Ordinance No. - (cont'd.) Page 2 Section 2. That Ordinance No. 1584 (Zoning Ordinance), adopted January 1, 2010, be and it is hereby amended at ARTICLE 11: Specific Use Regulations at Section 11-5. Home Occupations, by adding the Item 11-i. Tattoo Parlor and Body Piercing Studios. ARTICLE 11. SPECIFIC USE REGULATIONS. * * * SECTION 11-5. HOME OCCUPATIONS. * * * ITEM 11. Home Occupations shall not include the following: * * * i. Tattoo Parlor and Body Piercing Studios Because of their very nature tattoo parlors and body piercing studios are recognized, particularly when several are concentrated in a given area, to have deleterious effects upon adjacent areas. Therefore, such uses shall be located a minimum of five hundred (500) feet from the State Highway 59 right-of-way, any two (2) such uses shall not be located within one thousand (1,000) feet of each other, and shall not be located closer than five hundred (500) feet to the nearest boundary of any residential district, school, or park, as measured from the nearest lot line of the property on which the use is contemplated. * * * Section 3. That Ordinance No. 1584 (Zoning Ordinance), adopted January 1, 2010, be and it is hereby amended at ARTICLE 11: USE REGULATIONS FOR NON-RESIDENTIAL DISTRICTS TABLE by designating locations whereby tattoo and body piercing studios can be placed, by Conditional Use Permit (CUP) in the Business Arterial (BA) District as follows: Add Body Piercing and Tattoo Parlor Uses to the Use Regulations for Non-Residential District Table USE REGULATIONS FOR NON-RESIDENTIAL DISTRICTS USES / DISTRICTS: O AG BN BG BG-1 FM BG-2 FM BA BT 1-5 ICW-N ICW-S ATP IND S Body Piercing Studios & Tattoo Parlors 11-5 CUP Section 4. That this Ordinance shall become effective upon its adoption and publication as required by law. ADOPTED this 22nd day of July, 2013. _____________________ Robert Craft, Mayor ATTEST: __________________ Wanda Parris, MMC City Clerk C E R T I F I C A T E I, Wanda Parris, MMC, 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 Clerk), which Ordinance was duly and legally adopted at a regular meeting of the City Council on July 22, 2013, and the same was duly published as required by law. City Clerk  RESOLUTION NO. -13 A RESOLUTION ACCEPTING THE BID OF BEARD EQUIPMENT FOR MULTI-PURPOSE TURF SWEEPER IN AN AMOUNT NOT TO EXCEED $29,460.00 ________________________________________ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON JULY 22, 2013, as follows: Section 1. That the bid of Beard Equipment for multi-purpose turf sweeper, be and the same is hereby accepted, being the lowest, most responsible, among sealed bids opened on July 9, 2013. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute and attest, respectively, a contract between the City of Gulf Shores and Beard Equipment for multi-purpose turf sweeper in an amount not to exceed $29,460.00; in substantially the form presented to Council this date. Section 3. That this Resolution shall become effective upon its adoption. ADOPTED this 22nd day of July, 2013. _____________________________ Robert Craft, Mayor ATTEST: _________________ Wanda Parris, MMC City Clerk C E R T I F I C A T E I, Wanda Parris, MMC, City Clerk of the City of Gulf Shores, Alabama, do hereby certify that the foregoing is a true and correct copy of Resolution No.-13 (prepared by City Clerk), which Resolution was duly and legally adopted at a regular meeting of the City Council on July 22, 2013. _____________________________ City Clerk  RESOLUTION NO.-13 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, A PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF GULF SHORES AND HOLCOMBE NORTON PARTNERS, INC. TO ADMINISTER SPORTSPLEX TRACK AND FIELD IMPROVEMENTS AND DESIGN A MASTER PLAN FOR FUTURE DEVELOPMENT OF THE SPORTSPLEX IN AMOUNT NOT TO EXCEED $12,800.00 ______________________________________________________ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON JULY 22, 2013, as follows: Section 1. That the Mayor and City Clerk be and they are hereby authorized and directed to execute and attest, respectively, a professional services contract, between the City of Gulf Shores and Holcombe Norton Partners, Inc. to administer Sportsplex track and field improvements and for design of a Master Plan for future development of the Sportsplex in an amount not to exceed $12,800.00; in substantially the form presented to Council this date. Section 2. That this Resolution shall become effective upon its adoption. ADOPTED this 22nd day of July, 2013. __________________________ Robert Craft, Mayor ATTEST: _________________ Wanda Parris, MMC City Clerk C E R T I F I C A T E I, Wanda Parris, MMC, City Clerk of the City of Gulf Shores, Alabama, do hereby certify that the foregoing is a true and correct copy of Resolution No.-13 (prepared by City Clerk), which Resolution was duly and legally adopted at a regular meeting of the City Council on July 22, 2013. ___________________________ City Clerk  RESOLUTION NO.-13 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, A PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF GULF SHORES AND THOMPSON ENGINEERING TO DEVELOP A SCHEMATIC MASTER PLAN FOR GULF PLACE AND LAGOON PASS PUBLIC BEACH IN AN AMOUNT NOT TO EXCEED $87,500.00 ______________________________________________________ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON JULY 22, 2013, as follows: Section 1. That the Mayor and City Clerk be and they are hereby authorized and directed to execute and attest, respectively, a professional services contract, between the City of Gulf Shores and Thompson Engineering to develop a schematic Master Plan for Gulf Place and Lagoon Pass in an amount not to exceed $87,500.00; in substantially the form presented to Council this date. Section 2. That this Resolution shall become effective upon its adoption. ADOPTED this 22nd day of July, 2013. __________________________ Robert Craft, Mayor ATTEST: _________________ Wanda Parris, MMC City Clerk C E R T I F I C A T E I, Wanda Parris, MMC, City Clerk of the City of Gulf Shores, Alabama, do hereby certify that the foregoing is a true and correct copy of Resolution No.-13 (prepared by City Clerk), which Resolution was duly and legally adopted at a regular meeting of the City Council on July 22, 2013. ___________________________ City Clerk DATE: July 18, 2013 ISSUE: Change Order #1 for W.R. Mitchell, Contractor, LLC, for additional work related to the 5th Street & 7th Street drainage enhancement project in an amount not to exceed $29,680.50. RECOMMENDATION: Accept Change Order #1. BACKGROUND: To complete 5th and 7th Street Drainage Improvements will require an additional $29,680.50. The anticipated cost overrun is attributed to: 1. The widening and installation of riprap along the 5th St. outfall ditch between East 21st Ave and East 22nd Ave. This additional work was requested by me to improve the hydraulics of that first block of the outfall ditch while waiting on the USACOE permit to complete the ditch work from East 22nd Ave to Dolphin Drive. The permitting process took an additional three months and the improved hydraulics prevented the need to utilize pumps during several large rain events. 2. There is a 12” sewer force main that will need to be lowered at 7th St outfall ditch and East 22nd Ave. It was anticipated that the force main was buried 48” deep but during construction it was discovered that it was buried only 24” deep which put it in the flow-line of the proposed ditch. Even if this would have been discovered earlier, the City would still have incurred the same relocation costs. PREVIOUS COUNCIL ACTION: The City Council awarded the 5th Street & 7th Street Drainage Enhancement Project to W.R. Mitchell, Contractor, LLC, in an amount not to exceed $509,756.10. BUDGET IMPLICATIONS: This project was budgeted as part of the $1,789,230 collective bond fund named Public Works Improvements (Bond Account 35-563-80990). There are sufficient funds within the account to cover the cost of the change order due to an under run of several Public Works projects. RELATED ISSUES: None ATTACHMENT: • Supporting documentation from engineer of record, Preble-Rish. DEPARTMENT: Public Works STAFF CONTACT: Mark Acreman  RESOLUTION NO. -13 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, CHANGE ORDER NO. 1 TO THE CONTRACT BETWEEN THE CITY OF GULF SHORES AND W. R. MITCHELL CONTRACTOR, LLC IN AN AMOUNT NOT TO EXCEED $29,680.50 FOR ADDITIONAL SERVICES RELATED TO THE 5TH STREET & 7TH STREET DRAINAGE ENHANCEMENT PROJECT ____________________________________________ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON JULY 22, 2013, as follows: Section 1. That the Mayor and City Clerk be and they are hereby authorized and directed to execute and attest, respectively, Change Order No. 1 to the contract between the City of Gulf Shores and W. R. Mitchell Contractor, LLC for additional services related to the 5th Street and 7th Street Drainage Enhancement Project, and in substantially the form presented to Council this date, and more particularly described as: Change Order No. 1 – Add $29,680.50 Section 2. That this Resolution shall become effective upon its adoption. ADOPTED this 22nd day of July, 2013. ____________________________ Robert Craft Mayor ATTEST: ________________ Wanda Parris, MMC City Clerk C E R T I F I C A T E I, Wanda Parris, MMC, City Clerk of the City of Gulf Shores, Alabama, do hereby certify that the foregoing is a true and correct copy of Resolution No.-13 (prepared by City Clerk), which Resolution was duly and legally adopted at an Regular Meeting of the City Council on July 22, 2013. ____________________________ City Clerk