p z - land disturbance ordinance cow memo

A G E N D A

COUNCIL WORK SESSION MEETING

MAY 19, 2014

4:00 P.M.

***Hangout Music Festival 5-Year Permit Extension Request - Rescheduled For June 2, 2014

Councilmember Discussion Period

Councilman Jones

Presentation Of Petitions, Requests And Communications

Gulf Shores Police Department - Officer Recognition

MAYOR - GULF SHORES POLICE DEPARTMENT.PDFFinance And Administrative Services Department

Franchise - Kool Treats

REV - FRANCHISE - MEMO - KOOL TREATS.PDF, REV - FRANCHISE -PROPOSED AREA OF OPERATION.PDF

Planning And Zoning Department

Amend Tree Protection Ordinance

P Z - TREE PROTECTION ORDINANCE COW MEMO.PDFModify Land Disturbance Permit

P Z - LAND DISTURBANCE ORDINANCE COW MEMO.PDF2015 306A Coastal Access Improvement Grant

P Z - COASTAL PLANNING GRANT COW MEMO.PDFPublic Works Department

Baldwin County Comprehensive Solid Waste Management Plan

PWD - BCC SOLID WASTE MANAGEMENT PLAN-MEMO (2).PDF, PWD - BCC SOLID WASTE PLAN SUPPORT - DRAFT RESO.PDF, PWD -ANNUAL SOLID WASTE COST ALLOCATION FORM.PDF

Bid - Craft Farms North Repairs

PWD - CRAFT FARMS NORTH BID - MEMO TO COUNCIL.PDF, PWD -CRAFT FARMS NORTH - RS BID FORM.PDF, PWD - CRAFT FARMS NORTH REPAIRS - BID TAB.PDF

City Clerk

Boards And Commissions - Reappointments And Appointment

CLERK - MEMO - BOARDS AND COMMISSIONS APPOINTMENTS.PDFMayor

Updates

Adjourn

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Memo

Gulf Shores Police Department

Recognize three (3) Officers recently graduated with honors from the Alabama Police Academy.

Officer Luke Cowan - received the Academic Award for highest overall academic

average on all examinations given through the entire training cycle.

Officer Bruce Erlinger - was elected Class President by his peers during the Police

Academy and received the Commanders Award for leadership and achievement.

This is the most prestigious award that a recruit can receive.

Officer Kyle Lucas - was elected Sergeant at Arms by his peers during the Police

Academy and received the Class Marksmanship Award and the Physical Fitness

Award. The Class Marksmanship Award is presented to the student officer who

achieves a significantly high score, both in marksmanship and in the handling,

care, and legal parameters for use of the firearm. The Physical Fitness Award is

presented to those who recognize the importance of staying in top physical shape

and maintaining a healthy lifestyle.

FRANCHISE APPLICATION

CITY OF GULF SHORES, ALABAMAREVENUE DIVISION

P. O. Box 4089Gulf Shores, AL 36547

(251) 968-2426

Applicant’s Name Paul Welch________________________________________

Business Name Kool Treats ________________________________________

Business Address County Road 65, Loxley AL 36551______________

Type of Franchise Ice Cream Truck__________________________________

Term: One year

$250.00 non-refundable application fee has been paid to the City by the applicant.

References and financial statement have been provided and reviewed by Revenue Department.

Description of routes attached.

Commercial Insurance Certificate has been provided.Progressive Specialty Insurance CompanyEffective Date: 5/12/14Expiration Date: 5/11/15

Application has been through departmental review with the following results:

Gulf Shores Police Department – Records Department – No records found. Planning and Zoning Department – Approved Fire Department – Approved with condition; no cooking allowed without proper permits

Applicant agreed, in writing, to pay all costs and expenses incurred by the City in the preparation of the Franchise agreement and the enactment of the enabling ordinance, including attorney’s fees for drafting of the Franchise agreement.

Applicant understands that the filing of this application DOES NOT, in itself, constitute authority to operate franchise business.

Applicant agreed, in writing, to submit additional information as required by Council.

TO: Mayor Craft & Members of the City Council FROM: Andy Bauer, Director of Planning & Zoning SUBJECT: Tree Protection Ordinance Amendment DATE: May 19, 2014 ISSUE: Staff seeks City Council approval to modify the Tree Protection Ordinance to require City Council approval on properties which have not first obtained a Building Permit. RECOMMENDATION: Staff recommends the City Council approve the proposed amendment to the Tree Protection Ordinance. BACKGROUND: In order to better strengthen the regulations regarding tree removal prior to the issuance of a Building Permit staff proposes to amend the Tree Protection Ordinance. The change will accomplish the following:

1. Clarify that tree removal performed in conjunction with an approved site plan may be approved concurrently with a Building Permit and no separate Tree Removal Permit is required;

2. Adds language to the Tree Protection Ordinance requiring City Council approval for tree

removal performed in conjunction with land disturbing activity prior to the issuance of a Building Permit.

Currently, staff administratively issues Tree Removal Permits for projects which have received site plan review but have not obtained a Building Permit. PREVIOUS COUNCIL ACTION: Not Applicable BUDGET IMPLICATIONS: Not Applicable RELATED ISSUES: Land Disturbance Permit ATTACHMENTS: Proposed Amendment

ARTICLE VIII. TREE PROTECTION

Sec. 7-154. Tree permit.

Any person wishing to remove, relocate, destroy, or otherwise injure a protected tree shall, under the

provisions of this section, shall make written application to the CDD. Application fees for tree removal permits shall

be set by resolution of the council. The city will approve or deny the application, with or without conditions, within

fourteen (14) working days following receipt of the application and, if approved, issue a tree permit authorizing the

proposed activity. Failure of the city to act upon an application within such time period shall constitute approval of

the application and permission to proceed with the requested activity. Tree removal proposed in conjunction with

new development which has received site plan approval may be approved concurrently with the issuance of a

Building Permit and shall not require a separate Tree Removal Permit. Tree removal proposed in conjunction with

land disturbing activity, without a Building Permit, shall require approval of the City Council.

TO: Mayor Craft & Members of the City Council FROM: Andy Bauer, Director of Planning & Zoning SUBJECT: Chapter 7, Article 5, Erosion & Sedimentation Control, Section 7 Land Disturbance Permit DATE: May 19, 2014 ISSUE: Staff seeks City Council approval to modify the Land Disturbance Permit requirements to require tree removal that is in conjunction with land disturbing activity to obtain a Tree Removal Permit and City Council approval. Additionally, staff proposes to increase the permit fee from $50 to $250. RECOMMENDATION: Staff recommends the City Council approve the proposed amendments to the Land Disturbance Ordinance. BACKGROUND: In order to better strengthen the regulations regarding tree removal associated with land disturbing activity, staff proposes to amend the land disturbance permit regulations. The proposed change adds language to the land disturbance regulations for applicants wishing to remove trees prior to the issuance of a Building Permit, City Council approval is required. Currently, staff administratively issues Land Disturbance Permits and Tree Removal Permits for projects which have received site plan review but have not obtained a Building Permit. Additionally, staff proposes to increase the fee for Land Disturbance Permits from $50.00 to $250.00. Staff has polled other government agencies within the area and our current fee is on the lower end. PREVIOUS COUNCIL ACTION: Not Applicable BUDGET IMPLICATIONS: Not Applicable RELATED ISSUES: Tree Protection Ordinance ATTACHMENTS: Proposed Amendment

Sec. 7-106. Permit—Required; application; exceptions; scope. A permit for any land-disturbing activity shall be required as set forth hereafter:

1) In the case of land-disturbing activity proposed in conjunction with construction for which a building permit application has been filed, a site grading and drainage plan shall be approved by the city prior to issuance of the building permit, and a separate land-disturbing activity permit shall not be required.

2) Tree removal proposed in conjunction with land disturbing activity, without a Building Permit, requires a separate Tree Removal Permit and City Council Approval.

3) Application for land-disturbing activity permits shall be made to the city and no such permit shall be issued, nor shall any site grading and drainage plan be approved, until the applicant has furnished satisfactory evidence that all applicable provisions of this article and the site control, erosion and drainage standards are met.

4) An owner or other person is required to obtain a permit for land-disturbing activity from the city except: A building, for which a permit is obtained, of which will have no land-disturbing activity apart from the actual building's area where the site plan has been approved, or for such other minor land-disturbing activities as home gardens, construction or maintenance of electric or telephone lines, construction or maintenance of underground utility lines in an existing hard-surfaced street, alley or sidewalk provided the activity is confined to the hard-surfaced area, construction or maintenance of individual underground utility connections, individual home landscaping, minor repairs, maintenance work, preparation for single-family residences separately built, unless in conjunction with multiple construction in subdivision development, individual noncommercial tracts of land less than seven thousand five hundred (7,500) square feet, alterations or additions to existing structures where the disturbed area will not exceed four thousand (4,000) square feet; agricultural operations requiring the tilling of soil; emergency work to protect life or property, and emergency repairs.

5) The city shall act on all permit applications submitted to it within forty-five (45) days from receipt thereof by either granting the permit or by disapproving the permit, in writing, and giving specific reasons for the disapproval, and specifying such modifications, terms and conditions, as will allow the approval of the permit, and shall communicate these requirements to the applicant.

6) An application for a land-disturbing permit shall include a site-grading and drainage plan as described herein.

7) Notwithstanding the exclusions contained in this section, the city is specifically authorized to control or regulate, by means of a permit for land-disturbing activity, all land-disturbing activities which encroach on or obstruct any public or private storm drainage facility.

Sec. 7-107. Same—Fee.

(a)Generally. A fee of fifty dollars ($50.00) two hundred and fifty dollars ($250.00) shall be charged and paid to the city by each person obtaining a permit for land-distributing activities, to aid in defraying the cost of reviewing site grading and drainage plan, making on-site inspections and providing the other services required in the administration of this article. (b)Double fee. The required permit fee shall be double when any work commences prior to securing the appropriate permit.

TO: Mayor Craft & Members of the City Council FROM: Andy Bauer, Director of Planning & Zoning SUBJECT: 2015 306A Coastal Access Improvement Grant DATE: May 19, 2014 ISSUE: Acceptance of a $50,000 Coastal Access Improvement Grant from the Alabama Department of Conservation & Natural Resources, Coastal Division. RECOMMENDATION: Staff recommends the City Council accept the 2015 Coastal Access Improvement Grant. The grant requires a 1 to 1 match with a maximum grant award of $50,000 which would require a match of $50,000 and/or in-kind services. BACKGROUND: A grant application was submitted to construct a handicap accessible beach dune walkover and 90 public parking spaces (including handicap accessible) on the north side of West Beach Boulevard for public access to the West 10th Street beach access. The grant will be used to offset the anticipated $150,000 cost (as estimated by Adams Stewart Architects) of the improvements to the West 10th Street public access. Grant funds are not available until October of 2014, meaning the bulk of the $100,000 city costs would not be used until 2015. PREVIOUS COUNCIL ACTION: Approval of the grant application (March 2014) BUDGET IMPLICATIONS: Budget Amendment 3 included $25,000 for this project (Remainder of funds for this project will be in the 2015 budget year) RELATED ISSUES: Not Applicable ATTACHMENTS: Grant Award Letter

Memo

TO: Mayor, City Council and City Administrator

FROM: Public Works Director

DATE: May 15, 2014

RE: Baldwin County Comprehensive Solid Waste Management Plan 2014 – 2024

BACKGROUND: In accordance with Section 22-27-1, et seq. of the Code of Alabama

(1975), ADEM Administrative Code Division 13 Land Division – Solid Waste Program, the

Baldwin County Commission has prepared a new Baldwin County Comprehensive Solid Waste

Management Plan (Plan) for submission to ADEM covering the entire Baldwin County

jurisdiction, including unincorporated Baldwin County and its fourteen (14) municipalities.

BCC is set to adopt the Plan on June 3, 2014. The City of Gulf Shores may choose to be a

participant in the Commission’s Plan or submit their own Plan to ADEM by September 30,

2014.

RECOMMENDATION: Staff recommends the Council adopt the attached Resolution

choosing to participate in the Baldwin County Comprehensive Solid Waste Management Plan

for a term of 10 years.

PREVIOUS COUNCIL ACTION: None

BUDGET IMPLICATIONS: None

RELATED ISSUES: None

ATTACHMENTS: Draft Resolution

DEPARTMENT: Public Works Department

STAFF CONTACT: Mark Acreman, Public Works Director

RESOLUTION NO. -14

A RESOLUTIONAUTHORIZING AND APPROVING THE

PARTICIPATION OF THECITY OF GULF SHORES IN THE

BALDWIN COUNTY COMMISSION 2014 - 2024BALDWIN COUNTY COMPREHENSIVE SOLID WASTE

MANAGEMENT PLAN__________________________________________________________

WHEREAS, the Baldwin County Commission, as required by §22-27-1, et seq., Code of Alabama (1975), and without limitation, and Alabama Department of Environmental Management (ADEM), Administrative Code, Division 13 Land Division – Solid Waste Program,has prepared a new Baldwin County Comprehensive Solid Waste Management Plan (Plan) for submission to ADEM covering the entire Baldwin County jurisdiction, including unincorporated Baldwin County and Baldwin County’s 14 municipalities; and

WHEREAS, the Baldwin County Commission is set to adopt the Plan during its regular meeting held and conducted on June 3, 2014; and

WHEREAS, the Baldwin County Development and Environmental Director has engagedDaniel Wells, P.E., CDG Engineering and Associates, Inc., to review the Plan; and

WHEREAS, the South Alabama Regional Planning Commission (SARPC), has completed the Needs Assessment for the Comprehensive Solid Waste Management Plan and concurs with the Plan; and

WHEREAS, the Baldwin County Commission and Baldwin County Solid Waste Department will conduct public hearings to solicit input, and have consolidated citizen comments and concerns into the development of the final Plan; and

WHEREAS, should any of Baldwin County’s 14 municipalities choose not to participate in this Plan, said respective municipality is required to submit their own Solid Waste Management Plan to ADEM by September 30, 2014;

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA WHILE IN RESCHEDULED REGULAR SESSION ON MAY 28, 2014 as follows:

Section 1. That the City Council of the City of Gulf Shores hereby authorizes and approves the City’s participation in the Baldwin County Comprehensive Solid Waste Management Plan 2014 – 2024; and

Section 2. That the Mayor and City Clerk be and they are hereby authorized and directedto execute and attest, respectively, all documents necessary to ensure the City’s participation in the Plan in substantially the form presented to Council this date; and

Section 3. That the Mayor, Council and citizens of the City of Gulf Shores wish to convey their thanks and appreciation to the Baldwin County Commission for the opportunity to participate in this most important Plan; and

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

ADOPTED this ___ day of _______, 2014.

________________________ Robert Craft, Mayor

Annual Solid Waste Cost Allocation Form

Alabama Department of Environmental Management

City of Gulf Shores

Baldwin County, AL

Fiscal Year beginning October 1, 2012 – September 30, 2013

The following are Allied Waste’s numbers, not the City’s.

1) Collection Cost - $200,222

2) Recycling Cost - $100,111

3) Disposal Cost ---$200,222

4) Finance Cost -----(included in Collection Costs)

A. Total cost for Solid Waste = $500,555

(1 + 2 + 3 + 4)

B. Population = 10,118

C.Tons of Material Handled = 3,573

Tons Recycled + Tons Disposed

Pg. 2 Column 3 + Pg. 3 Column 5

Total Cost/Capita/Year = $49.47

(A divided B)

Total Cost/Ton = $140.09

(A divided C)

Recycling

Item No. (1)Recycling Contractor

(2)Tons Recycled per

month

(3)Tons Recycled

per year (2) x 12

(4)Monthly Collection

& Delivery Cost

(5)Monthly Receipts

from Recycling

(6)Annual Cost

Collection Deliver

(7)Annual Receipts from Recycling

1. Allied Waste 24.4 293 $8,342.58 $0 $100,111 $0

Monthly cost for collection and delivery to recycling facilities (Column 4)

Annual Tons Recycled = 293 (Column 3)

Total Recycling Cost = ($100,111) (Column 7 – 6) indicates profit

Note: Place Recycling Cost on Line (2) of the Annual Solid Waste Cost Allocation Form.

Financial Cost

Financial costs include interest on loans or bonds and other miscellaneous costs associated with management of solid waste.

Item No.

(1)

Governmental Unit

(2)

Annual Financial Cost paid for Disposal

(3)

Annual Financial Cost paid for Collection

(4)

Notes

1. City of Gulf ShoresNA NA

City does not perform garbage or recycling collection. Allied Waste hauls, disposes, bills per franchise agreement.

Total Financial Cost = N/A included in Collection costs in BCSWD accounting

Place Financial Cost on Line (4) of the Annual Solid Waste Cost Allocation Form.

DATE: May 13, 2014

ISSUE: Craft Farms North Repairs Bid

RECOMMENDATION: Award bid to R&S Paving and Grading in an amount not to exceed $68,317.00 to repair miscellaneous infrastructure deficiencies in Craft Farms North (CFN) Phase I & II.

BACKGROUND: Bids were opened on May 13, 2014, and R&S Paving and Grading was the sole bidder.

PREVIOUS COUNCIL ACTION: The City approved DR Horton’s request to rezone Craft Farms North Phase III with several conditions, one of which was DR Horton remitting $65,000 to the City for CFN I & II repairs.

BUDGET IMPLICATIONS: This project will be funded with the $65,000 received from DR Horton and $3,317.00 from Public Works’ Drainage and Roadway Repairs operating budget.

RELATED ISSUES: None

ATTACHMENTS: Bid Tabulation

R&S Paving and Grading Bid

DEPARTMENT: Public Works

STAFF CONTACT: Mark Acreman

Memo

TO: Mayor, City Council and City Administrator

FROM: City Clerk

DATE: May 19, 2014

RE: Board and Commission Appointments

We have three reappointments and one new appointment for your consideration at theMay 28th rescheduled Council Meeting.

Gulf Shores and Orange Beach Tourism Board of Directors –a) Reappoint Mac McAleer

Library Advisory Board –a) Reappoint Jean Rollingsb) Reappoint Tom Norton

Personnel Board –a) Appoint Jim Howell

We have contacted these individuals and confirmed that they are willing to serve.