Minutes of the
CALLED MEETING – WORKING SESSION
For the City Council
of Lookout Mountain, Georgia
April 6, 2009
PRESIDING: Thomas G. Gifford, Mayor
PRESENT: Council Members Dennis Eischeid, David Fussell, David Bennett, Sandy Gothard, Catherine Kelley, Municipal Planning Commission Chairman Earl Carstens, City Attorney Bill Pickering, Attorney Michael Stewart of Chambliss, Bahner & Stophel and City Clerk Dana Driver. Several Lookout Mountain residents also attended this open meeting.
PURPOSE: Continued Review of Proposed Planned Unit Development Ordinance
Mayor Gifford called the meeting to order at 5:30 p.m. and began the meeting with a statement to the City Council and the audience. Mayor Gifford stated that today's meeting was a called meeting for the City Council to review the draft of the proposed Planned Unit Development (PUD) ordinance as recommended by the Planning Commission. The meeting was also called to review the issues or comments made at the March 16, 2009 public hearing on the proposed PUD ordinance.
Attorney Michael Stewart of Chambliss, Bahner & Stophel was present to address in depth the general issues raised which could be grouped into four (4) categories. These categories are as follows: (1) the need to have specific requirements/standards in the PUD ordinance; (2) the need to have a professional planner involved in drafting the PUD ordinance; (3) a perceived need for the PUD ordinance to incorporate the City’s vision for future growth and land use planning; and (4) the increase in development that will result if the PUD ordinance is approved.
Over 2 plus hours these items and related topics, as well as numerous new questions from the Council, were discussed in detail. Mr. Stewart gave a well received explanation, backed by legal cases, of the advantages of the more flexible language used in drafting this document.
Mr. Stewart also stated to the Council some changes could be considered, and the Council was asked to advise Mr. Stewart in writing any specific wording they were concerned about. One specific example that had been brought up that Mr. Stewart agreed with was to add a “sunshine provision” to the draft, which would require a PUD application to have an expiration date.
After a lengthy discussion between the City Council, the attorneys, and Mr. Carstens, the Mayor suggested to the Council that they move forward with the PUD ordinance with any recommended changes, and, at the same time, begin the processing of updating the comprehensive plan utilizing citizen input and a land planner as necessary.
Vice Mayor Dennis Eischeid requested that the proposed PUD ordinance be put on the next regular scheduled City Council meeting on April 16, 2009. Councilman Sandy Gothard disagreed and asked the Council to complete the update of the Comprehensive Plan first with the use of a land planner and the public and then address the PUD ordinance after that in approximately 4-6 months.
Councilman David Bennett agreed with Councilman Gothard. Councilman David Fussell and Councilwoman Catherine Kelley supported Councilman Eischeid in proceeding with the PUD ordinance now.
After further discussion, an intermediate step was decided. The Mayor would contact Phil Walker of the Walker Collaborative and see if he would review the PUD ordinance, the comprehensive plan, their suitability to each other, and if the Comprehensive Plan was adequate enough to proceed with the PUD ordinance or not. He would submit to the City a technical report with direction of which way to proceed.
No further action would take place prior to receiving this report.
There being no further business, the meeting was adjourned at 7:30 p.m.
Respectfully submitted,
Dana Driver
City Clerk