Minutes of the
REGULAR MEETING
For the
City Council of Lookout Mountain, Georgia
July 20, 2006

PRESIDING:  Thomas G. Gifford, Mayor

PRESENT:  Council Members Daniel Pettway, Sandy Gothard, Catherine Kelley and Dennis Eischeid; City Clerk Mary Katherine Harper, City Attorney Bill Pickering.  Also present were Chief Wallace Taylor, Peter Cabiran and son, Tom Duff, Holly Cowart and John Tallman.

CALL TO ORDER:  Mayor Gifford called the meeting of the City Council to order at 5:30 p.m. at City Hall, 1214 Lula Lake Road, Lookout Mountain, Georgia. 

APPROVAL OF MINUTES:  The minutes of the regular meeting and public hearing held on June15, 2005, and the called meeting held on June 22, were approved as submitted.

PETER CABIRAN:  Dr. Cabiran requested consideration of a privilege license for his internal medicine practice to be located in the now vacant compounding pharmacy adjoining the Fairyland Pharmacy on McFarland Road.  He explained that he was already licensed in Georgia and would possibly seek a Tennessee license as well.  City Attorney Pickering advised that because the office would be in the commercial zone it was in compliance.  The privilege license was unanimously approved with an enthusiastic welcome from the Council.

PROPERTY TAX ASSESSMENT:  Mayor Gifford yielded to Tom Duff who explained that his fair market value had gone up 46% on his new property tax assessment.  The Mayor advised that after preliminary investigation it appeared that the new countywide assessment generated almost a 30% average increase in the City’s net digest.  He further advised that is was too early to make any statements or decisions as to how it is going to play out.  We have to follow state guidelines tied to a millage rate rollback and if we choose not to rollback the millage we are required to have three advertised public hearings.  Mayor Gifford assured Mr. Duff that he had a conservative Council comprised of taxpayers who were just as concerned about a tax rate increase, but at the same time the City was faced with unfunded mandates with which to comply.  Dennis Eischeid mentioned a referendum proposed by Martin Scott that would provide an exemption for senior citizens.  He also plans to speak with Walker County Tax Commissioner Carolyn Walker regarding the impact and procedures.  

STORMWATER/SEWER DEVELOPMENT ISSUES/FEES:  Mayor Gifford advised the Council that a large tract of land at the south end of Lula Lake Road was for sale for future development and Scott Maclellan had a 15-acre development underway on Wood Nymph Trail.  He advised that these would generate engineering costs that the City would need to pass on to the developer.  It was requested that Mr. Pickering draft an amendment to the current sub-division ordinance that would enable the City to pass engineering costs and stormwater impact fees on to the developer.

Minutes of City Council
July 20, 2006
Page 2

Mayor Gifford reminded the Council that the letter of intent had been filed with the EPA indicating how the City planned to meet the stormwater mandates.  A private consultant, Catherine Fox met with the Mayor and several of the City’s staff to discuss meeting future obligations at which time it was determined the City did not have the additional manpower or the correct bureaucratic skills available to meet these mandates.  He requested that the Council give he and Councilman Seipp latitude to negotiate Ms. Fox’s services in the event that the City was not granted an exemption based on population reminding the Council that noncompliance would eliminate the City’s eligibility for any future government funding.  It was decided that Mr. Pickering make the necessary calls to determine whether the City could be exempted, and if not Mayor Gifford and Councilman Seipp were granted authority by motion to enter into a contract with Ms. Fox up to $10,000.

PEDESTRIAN PATHWAY:  Mr. Pettway reported confirmation that Fairyland School had granted the necessary easement, but was still waiting to hear if the Methodist Church had accepted his offer on their portion of the easement.  He further reported that although he did not have any firm final approval from GDOT yet but he had heard nothing but positive comments from each department that had to give its stamp of approval.  He closed by informing that the bid document was ready to go out so that construction could get underway.

MAYOR’S REPORT:  Mayor Gifford is still investigating why the City had been turned down for the grant money to renovate City Hall, but even still he planned to forge ahead with a scaled down version of the plan submitted.

Earl Carstens and Larry Reed had been working with members of the Council to raise the building fee structure and adding certain new fees.

Johnson, Murphey & Wright had just left after a two-day audit with closing words from the auditors that “all is well”.

Chief Taylor maintained that the new fire truck would be ready for delivery in mid August.

There will be a run-off election Tuesday, August 8.

There being no further business, the meeting was adjourned.

Respectfully submitted,
Mary Katherine Harper
City Clerk