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REGULAR COUNCIL MEETING

CITY OF GULF SHORES, ALABAMA

JULY 11, 2005

1. Call to Order

2. Invocation

3. Pledge of Allegiance

4. Roll Call

5. Approval of Minutes – Regular Meeting of June 27, 2005

Special Meeting of July 8, 2005

6. Approval of Payroll and Expense Vouchers

7. Public Hearing

A. Petition of United Properties Group, LLC – Relocation of

Certain Unopened and Presently Unused Right-of-Way

B. Petition of Bon Secour Village, LLC – Relocation of

Portions of Certain Unopened and Presently Unused Right-

of-Way

C. Resolution – Approve Outline Development Plan – Grande View

Planned Unit Development

D. Ordinance - Amend Zoning Ordinance No. 235

Rezone Bay John Cottages – R-1A to RML

8. Presentation of Petitions, Requests and Communications

A. Application for Transfer of Restaurant Retail Liquor

License – Cotton Bayou Marina, Inc., dba Tacky Jack’s 2

B. Application for Transfer of Retail Beer (Off Premises Only)

License – Cotton Bayou Marina, Inc., dba Fort Morgan Marina

Grocery

C. Request for Site Plan Extension – Renaissance Condominium

9. Hearing of Persons Not Listed on Formal Agenda

10. New Business

A. Resolution – Authorize Application for Community

Development Block Grant Community Enhancement Funds –

Senior Citizen Center

B. Resolution – Building and Zoning Issues on Fort Morgan

Peninsula

C. Ordinance - Amend Code of Ordinances – New Business

Licenses and Operation of Certain New Businesses During

Period of Declared Local Disaster

11. Committee Reports

A. Garris B. Doughty C. Harris

D. Craft E. Jones

12. Staff Reports

13. Adjourn

MINUTES OF REGULAR COUNCIL MEETING

CITY OF GULF SHORES, ALABAMA

JULY 11, 2005

Mayor Duke called the meeting to order at 5:00 p.m. at the City Hall. The invocation was delivered by The Reverend Bo Smith, Youth Pastor of Genesis Church. The Pledge of Allegiance to the flag was led by Mayor Duke.

Upon roll call, the following officials answered "present": Councilmen Garris, Doughty, Harris, Jones, and Mayor Duke. Councilman Craft was absent. The Mayor declared a quorum present.

Councilman Harris moved to approve the minutes of the regular meeting of June 27, 2005, as presented; seconded by Councilman Jones; and the vote of those officials present was unanimously in favor of the motion.

Councilman Jones moved to approve the minutes of the special meeting of July 8, 2005, as presented; seconded by Councilman Doughty; 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, on the proposed relocation of portions of rights-of-way and dedication of the relocation sites between the City and United Properties Group, LLC.

The City Clerk stated that this public hearing had been advertised as required by law, as reflected by the following affidavits of publication:

The Mayor asked if there was anyone present who wished to comment on the proposed relocation. There was no comment. The City Clerk stated no written communications had been received in this regard.

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

RESOLUTION NO. 3878-05

A RESOLUTION

AUTHORIZING RELOCATION OF

PORTIONS OF RIGHTS-OF-WAY

AND DEDICATION OF

RELOCATION SITES

BETWEEN CITY OF GULF SHORES

AND UNITED PROPERTIES GROUP, LLC

__________________________________________

WHEREAS, the City Council of the City of Gulf Shores has caused public notice to be published advising of its intention to consider the foregoing Petition for Relocation of Portions of Rights-of-Way and Dedication of Relocation Sites at its regular meeting on July 11, 2005; and

WHEREAS, the City Council has duly considered such Petition and Dedication and all comments received in connection therewith;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON JULY 11, 2005, as follows:

Section 1. That the relocation of the portions of rights-of-way proposed in the Petition and Dedication is in the public interest.

Section 2. That the relocation of the portions of rights-of-way proposed in the Petition and Dedication in the manner and upon the terms contained in the Petition is hereby authorized and directed.

Section 3. That the Mayor is hereby authorized and directed to execute a Joint Relocation instrument setting out the terms and conditions described in the Petition and Dedication, such instrument to be in such form and containing such detail as the Mayor shall determine with the advice of the attorney for the City.

Section 4. That for the purposes of all ordinances and regulations of the City of Gulf Shores, upon the recordation of the Joint Relocation instrument with the Probate Judge of Baldwin County, the City shall deem the Relocated Rights of Way to have been relocated to the Relocation Sites as described in the Petition and Dedication.

Section 5. That this Resolution shall be automatically revoked and of no further force and effect in the event the Joint Relocation instrument is not recorded with the Probate Judge of Baldwin County within 180 days after the date of the adoption of this Resolution or, at the election of the City, in the event the Petitioner fails to install or fund the public improvements contemplated in the Petition within 180 days after the date of the adoption of this Resolution.

Section 6. That this Resolution shall become effective upon its adoption.

The motion for the adoption of Resolution No. 3878-05 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 3878-05 duly and legally adopted.

The City Clerk stated that this public hearing had been advertised as required by law, as reflected by the following affidavits of publication:

The Mayor asked if there was anyone present who wished to comment on the proposed relocation. There was no comment. The City Clerk stated no written communications had been received in this regard.

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

RESOLUTION NO. 3879-05

A RESOLUTION

AUTHORIZING RELOCATION OF

PORTIONS OF RIGHTS-OF-WAY

AND DEDICATION OF

RELOCATION SITES

BETWEEN CITY OF GULF SHORES

AND BON SECOUR VILLAGE, LLC

__________________________________________

WHEREAS, the City Council has duly considered such Petition and Dedication and all comments received in connection therewith;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON JULY 11, 2005, as follows:

Section 1. That the relocation of the portions of rights-of-way proposed in the Petition and Dedication is in the public interest.

Section 2. That the relocation of the portions of rights-of-way proposed in the Petition and Dedication in the manner and upon the terms contained in the Petition is hereby authorized and directed.

Section 6. That this Resolution shall become effective upon its adoption.

The motion for the adoption of Resolution No. 3879-05 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 3879-05 duly and legally adopted.

Mayor Duke stated that this was the time and place for the public hearing, as advertised, on the Outline Development Plan of the Planned Unit Development to be known as Grande View.

The City Clerk stated that this public hearing had been advertised as required by law, as reflected by the following affidavits of publication:

Steve Foote, Planning Director, noted the recommendations of his Department and the Planning Commission in support of the plan, as reflected by the following communications:

The Mayor asked if there was anyone present who wished to comment on the proposed plan. There was no comment. The City Clerk stated no written communications had been received in this regard.

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

RESOLUTION NO. 3880-05

A RESOLUTION APPROVING

OUTLINE DEVELOPMENT PLAN OF

PLANNED UNIT DEVELOPMENT,

TO BE KNOWN AS GRANDE VIEW,

A SINGLE FAMILY HOME DEVELOPMENT

TO BE LOCATED ON 11.8 ACRES

ON FORT MORGAN ROAD,

GULF SHORES ALABAMA,

IN ACCORDANCE WITH SECTION 13-6 OF

ORDINANCE NO. 235, AS AMENDED,

ADOPTED MAY 10, 1982

(PUD2005-11)

_______________________________________

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON JULY 11, 2005, as follows:

Section 1. That the outline development plan of the Planned Unit Development to be known as Grande View, a 46-unit housing development, to be located on 11.8 acres between 615 and 637 Fort Morgan Road, Gulf Shores, Alabama, be and the same hereby is approved as submitted, in accordance with Section 13-6 of Ordinance No. 235, as amended, adopted May 10, 1982, CONDITIONED UPON:

1. Larger vehicles may have problems parking in the angled driveways. Some of the house sites allow less than twenty feet (20’) of parking area before the sidewalk. This area shall be increased in order to provide for the safe and convenient use of the sidewalk.

2. The following comments from the Public Works Department need to be addressed:

· Flood Zones – The engineer needs to evaluate the flood levels experienced in the area during Hurricane Ivan and advise the developer on recommended finish floor elevations. Although we cannot require the developer to exceed the flood elevations beyond our required freeboard, it is recommended that all houses in this subdivision have a minimum floor finish elevation of at least twelve feet (12’) above M.S.L.

· Drainage – Drainage easements need to be provided to the City in the eastern and western landscape buffers for possible future drainage improvements on Fort Morgan Road.

· Traffic Circulation – A deceleration lane and left turn lane on Fort Morgan Road will need to be provided in accordance with Section 12.1.F.5. of the Zoning Ordinance. The developer will need to obtain a permit from ALDOT for the deceleration lane, center turn lane and sidewalk to be constructed on Fort Morgan Road.

Section 2. That the decision of the City Council is that the Planned Unit Development is in the public interest, based on the following findings of fact and conclusions:

A. The Plan is consistent with the statement and purpose of Planned Unit Developments and the City's development plan.

B. The Plan is consistent with zoning and subdivision regulations.

C. The purpose, location, amount of common open space, and the reliability of the proposal for maintenance and conservation of the common open space are adequate as related to the proposed density and type of development.

D. The design of the Plan adequately provides for public services, control of vehicular traffic and parking, and furthers the amenities of light, air, and visual enjoyment.

E. The relationship of the proposed Planned Unit Development to the neighborhood in which it is proposed to be established is beneficial.

F. The Plan is proposed to be developed over a period of 12 months.

Section 3. Outline Development Plan approval, with or without special conditions, shall represent the zoning of that area contained within the Plan. Application for final Planned Unit Development of Grande View shall be filed within 180 days from the date of approval of the Outline Development Plan. Development shall be completed within 12 months of final approval of the Planned Unit Development.

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

The motion for the adoption of Resolution No. 3880-05 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 3880-05 duly and legally adopted.

Mayor Duke stated that this was the time and place for the public hearing, as advertised, on the proposed amendment to the Zoning Ordinance as it relates to the rezoning of Bay John Cottages.

The City Clerk stated that this public hearing had been advertised as required by law, as reflected by the following affidavits of publication:

Steve Foote, Planning Director, noted the recommendations of his Department and the Planning Commission in support of the rezoning, as reflected by the following communications:

The Mayor asked if there was anyone present who wished to comment on the proposed rezoning. There was no comment. The City Clerk stated no written communications had been received in this regard.

Councilman Doughty moved for unanimous consent of the Council to suspend the rules of procedure to allow for the immediate consideration of the following Ordinance:

ORDINANCE NO. 1343

AN ORDINANCE AMENDING ORDINANCE NO. 235

(ZONING ORDINANCE), ADOPTED MAY 10, 1982,

BY CHANGING THE ZONING CLASSIFICATION

OF A 4.29 ACRE PARCEL DESCRIBED HEREIN

IN REZONING CASE Z2005-13,

FROM R-1A TO RML

__________________________________________

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON JULY 11, 2005, as follows:

Section 1. That, in respect to that certain property described as follows:

In the State of Alabama, County of Baldwin, and City of Gulf Shores, and being more particularly described as follows:

Being that portion of Lot 1 northeast of the right of way of County Road #6 and being more particularly described as: Beginning at the northeast corner of Block 8 of the Subdivision of the John Cook Grant in Section 4, Township 9 South, Range 3 East, Baldwin County, Alabama; thence South 67 degrees 01 minutes 52 seconds West, 1417.93 feet to an iron pin on the southwest right of way of County Road No. 6; thence along said right of way South 29 degrees 28 minutes 52 seconds east, 190.72 feet to an iron pin; thence North 62 degrees 32 minutes 27 seconds east, 1430.70 feet to an iron pin; thence North 43 degrees 36 minutes 02 seconds west, 82.88 feet to the point of beginning. Said tract contains 4.393 acres more or less. 05-67-01-04-0-000-032.000.

Ordinance No. 235 (Zoning Ordinance), adopted May 10, 1982, along with the Zoning Map of the City of Gulf Shores, be and it is hereby amended and altered by rezoning those certain parcels of real property herein described from R-1A (low density single family residential) to RML (limited multi-family)CONTINGENT UPON:

1) The site plan shall be consistent with the densities and general layout of the conceptual plan submitted with the rezoning application.

2) The proposed development plans shall meet all of the requirements of the RML Zoning District and Bon Secour/Plash Island Land Use Study.

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

The motion for unanimous consent was seconded by Councilman Jones; and upon the question, the vote thereon was as follows: Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Jones, "aye," and Mayor Duke, "aye." Councilman Craft was absent. Mayor Duke then declared the rules suspended.

Councilman Garris then moved for the adoption of Ordinance No. 1343 and to waive the reading of said Ordinance at length. The motion for the adoption of Ordinance No. 1343 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 Ordinance No. 1343 duly and legally adopted.

The City Clerk presented the Application for Transfer of the Restaurant Retail Liquor License of Cotton Bayou Marina, Inc., dba Tacky Jack’s 2.

Whereupon, Councilman Doughty moved to approve the Application for Transfer of the Restaurant Retail Liquor License of Cotton Bayou Marina, Inc., dba Tacky Jack’s 2; the motion was duly seconded by Councilman Jones. Upon the question, all those officials present voted in favor of the motion, with the exception of Councilman Garris, who abstained. The Mayor declared the motion carried.

The City Clerk presented the Application for Transfer of the Retail Beer (Off Premises Only) License and Retail Table Wine (Off Premises Only) License of Cotton Bayou Marina, Inc., dba Fort Morgan Marina Grocery.

Whereupon, Councilman Jones moved to approve the Application for Transfer of the Retail Beer (Off Premises Only) License and Retail Table Wine (Off Premises Only) License of Cotton Bayou Marina, Inc., dba Fort Morgan Marina Grocery; the motion was duly seconded by Councilman Doughty. Upon the question, all those officials present voted in favor of the motion, with the exception of Councilman Garris, who abstained. The Mayor declared the motion carried.

The City Clerk presented the letter request of Bob Lindley, Renaissance Condominium Investors, LLC, for a six month extension to the site plan approval of Renaissance (Sea View) Condominium.

Whereupon, Councilman Jones moved to approve the six month extension to site plan approval of Renaissance (Sea View) Condominium; motion was duly seconded by Councilman Garris; and the vote of those officials present was unanimously in favor of the motion.

Mayor Duke asked if there was anyone present who wished to address the Council but had been unable to get on the formal agenda. There was no response.

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

RESOLUTION NO. 3881-05

A RESOLUTION AUTHORIZING APPLICATION FOR

GRANT, COMMITMENT OF FUNDS, AND EXECUTION OF

NECESSARY ASSURANCES AND OTHER DOCUMENTS FOR

FINANCIAL ASSISTANCE FROM

COMMUNITY DEVELOPMENT BLOCK GRANT

COMMUNITY ENHANCEMENT FUNDS

_____________________________________________

WHEREAS, the City of Gulf Shores proposes to construct a Senior Citizen Center; and

WHEREAS, the City of Gulf Shores intends to make application to the Alabama Department of Economic and Community Affairs for grant assistance through the Enhancement Fund for the construction of a Senior Citizen Center; and

WHEREAS, said program is limited to funding a maximum of $250,000.00.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON JULY 11, 2005, as follows:

Section 1. That the Mayor be and he is hereby authorized to execute the forms necessary to facilitate the application of the City of Gulf Shores to the Alabama Department for Community and Economic Affairs for grant assistance through the Community Development Block Grant (CDBG) Community Enhancement Fund for the construction of a Senior Citizen Center.

Section 2. That the City of Gulf Shores will hold in reserve twenty-five percent (25%) of the proposed project cost for the purpose of matching the CDBG Community Enhancement Fund grant.

Section 3. That in the event a grant is awarded, the Mayor is hereby authorized to sign all assurances and contracts and to comply with all applicable Federal and State laws, rules, and regulations.

Section 4. That in the event a grant is awarded, the City will be responsible for all of the general operating expenses of the building, such as power bill, water bill, gas bill, phone bill and all other bills pertaining to the operation of the center to include general maintenance and upkeep of the facility over all years of operation by the City.

Section 5. That this Resolution shall become effective upon its adoption.

The motion for the adoption of Resolution No. 3881-05 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 3881-05 duly and legally adopted.

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

RESOLUTION NO. 3882-05

A RESOLUTION

RELATIVE TO BUILDING

AND ZONING ISSUES

ON THE FORT MORGAN PENINSULA

____________________________________

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON July 11, 2005, as follows:

Section 1. That effective upon adoption of this Resolution for a period not to extend beyond August 8, 2005, or earlier if determined by Council, the following provisions will be in effect on the Fort Morgan Peninsula:

1. No applications for rezoning will be accepted or acted upon.

2. No Planned Unit Development applications will be accepted or acted upon.

3. Any project previously approved and permitted by Baldwin County will be allowed to be constructed as approved by the County.

4. The City of Gulf Shores’ transitional zoning table as presently exists in the Zoning Ordinance will be in effect.

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

The motion for the adoption of Resolution No. 3882-05 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 3882-05 duly and legally adopted.

Councilman Jones moved for unanimous consent of the Council to suspend the rules of procedure to allow for the immediate consideration of the following Ordinance:

ORDINANCE NO. 1344

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES,

ADOPTED JULY 24, 1989, AT CHAPTER 8,

BUSINESS, TAXES, AND REGULATIONS,

ARTICLE I., IN GENERAL,

TO ADD SECTION 8-46.

REGULATING THE ISSUANCE

OF CERTAIN NEW BUSINESS LICENSES AND THE

OPERATION OF CERTAIN NEW BUSINESSES DURING

A PERIOD OF DECLARED LOCAL DISASTER

______________________________________________

WHEREAS, the City Council of the City of Gulf Shores has determined based on actual experience that in the aftermath of hurricanes and other local disasters it is to be anticipated that significant numbers of persons not already licensed to do business within the corporate limits and police jurisdiction of the City will apply for licensing in order to provide goods and services required by the public in their efforts to recover from such disasters; and,

WHEREAS, the City Council of the City of Gulf Shores has determined based on actual experience that the interests of public health, safety, and general welfare require that heightened qualifications for initial licensing of certain categories of businesses and heightened regulation of such businesses be in effect during the period of recovery from a declared local disaster in order to protect the public from exploitation and injury by opportunistic, transitory business operations;

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON JULY 11, 2005, as follows:

Section 1. Article I, In General, of Chapter 8, BUSINESS, TAXES, AND REGULATIONS, of the Code of Ordinances, City of Gulf Shores, Alabama, is hereby amended by the addition of Section 8-46 reading in its entirety as follows:

Section 8-46. Special Provisions Applicable to the Issuance of Certain New Licenses and the Regulation of Certain Businesses During a Period of Declared Local Disaster.

(a) As used in this Section, the term “period of declared local disaster” shall mean the period of time commencing with a declaration by the Mayor of the City of Gulf Shores that the City is experiencing the effects of a local disaster and ending on the earlier to occur of (a) a rescission of such declaration by the Mayor or (b) the 270^th day following the date of such declaration; provided, however, that such period may be extended beyond the 270^th day following the date of such declaration by Resolution of the City Council providing for the extension of such period in such manner as the Council may determine.

The term “disaster period license” shall mean a new license issued under Section 8-7 or Section 8-13 during a period of declared local disaster to a person desiring to engage in the business of providing construction and repair-related services or other disaster damage recovery services during a period of declared local disaster.

(b) During the period of a declared local disaster, the following fees, requirements, procedures, and limitations shall apply to the issuance of a disaster period license to persons who were not licensed under the applicable subsection of Section 8-7 or Section 8-13 prior to the period of declared local disaster.

(1) The provisions of Section 8-20 are inapplicable to a disaster period license, and the license to be paid for a disaster period license shall be $1000.00 without regard to the point in the license year at which it is issued;

(2) In addition to meeting all applicable licensing and bonding requirements otherwise imposed under State law or municipal ordinance, any person applying for issuance of a disaster period license must provide written documentation satisfactory in form and content to the City Revenue Officer demonstrating that the applicant is currently insured with adequate workmen’s compensation coverage and with general liability insurance coverage with limits of not less than $300,000.00.

(3) A disaster period license shall be subject to suspension by order of the Mayor of the City of Gulf Shores upon a determination by the mayor that probable cause exists to believe (a) that grounds for revocation of the license by the City Council pursuant to Section 8-34 exist, (b) that the licensee has engaged in deceptive acts or practices as defined in the Alabama Deceptive Trade Practices Act, or (c) that such suspension is otherwise required in the interests of public health, safety, and general welfare. A licensee whose license has been suspended by order of the mayor shall be given the best direct and immediate notice practicable of such suspension, which shall be confirmed in a writing directed by mail to the licensee’s address as shown on the licensee’s business license application deposited within 48 hours after the order of suspension is issued by the mayor. The licensee may request review of such suspension by the City Council by written notice delivered to the City Clerk, and such review shall be scheduled for a special or regular Council as soon as is practicable under the disaster conditions then existing, but in no event more than 21 days following receipt by the City Clerk of the written notice requesting review. The licensee shall suspend all business activities so long as its license remains in suspense. Upon review of the mayor’s order of suspension, the City Council may by majority vote determine to dissolve such order of suspension or to revoke the business license in question. In the event of the failure of the Council to take either of such actions, the order of suspension shall remain in effect, subject to such modifications or conditions as the Council may determine to impose by majority vote.

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

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

The motion for unanimous consent was seconded by Councilman Garris; and upon the question, the vote thereon was as follows: Councilman Garris, "aye," Councilman Doughty, “aye,” Councilman Harris, "aye," Councilman Jones, "aye," and Mayor Duke, "aye." Councilman Craft was absent. Mayor Duke then declared the rules suspended.

Councilman Garris then moved for the adoption of Ordinance No. 1344 and to waive the reading of said Ordinance at length. The motion for the adoption of Ordinance No. 1344 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 Ordinance No. 1344 duly and legally adopted.

COMMITTEE REPORTS:

Councilman Doughty commended the City employees on the job done during Hurricane Dennis.

STAFF REPORTS:

Charles Hamilton, Public Works Director, reported that the President had declared Baldwin County a disaster area which makes us eligible for federal funding.

Councilman Doughty requested that Mr. Hamilton call the Baldwin County Highway Department and seek their assistance in clearing some of the County Roads off Fort Morgan Road.

Steve Foote, Planning Director, introduced the new City Planner Jonathan Smith.

Mayor Duke expressed his appreciation to all the City staff and volunteers who assisted during Hurricane Dennis.

There being no further business to come before the Council, Councilman Jones moved to adjourn to reconvene on Monday, July 18, 2005, at 5:00 p.m.; seconded by Councilman Doughty; and the vote of those officials present was unanimously in favor of the motion.

Mayor Duke declared the meeting adjourned.

__________________________

George W. Duke, III, Mayor

(SEAL)

ATTEST:

________________________________

Renee F. Moore, MMC, City Clerk