Lookout Mountain, Ga. Tables Fence Ordinance Changes

Thursday, March 19, 2009 - by Dana Wilbourn

Lookout Mountain, Ga., Mayor Tom Gifford recommended to the City Council on Thursday to table the proposed changes to the existing fence ordinance until more information can be gathered and reviewed. The council then voted to do just that.

The proposed changes would have eliminated the use of chain link fencing within the city, except in extremely limited circumstances. At a public hearing on the proposed changes on Monday, several people had spoken in opposition to the changes and cited their concerns of undesired consequences from banning chain link fences.

Dr. Kris Keller, a veterinarian at the Mountain Hospital for Animals, had said on Monday chain link fencing can and should be a component of responsible ownership of dogs and other pets. Many neighborhood relationships have been ruined by roaming dogs, he said.

Also on Monday, Jimmy Stewart, a landscape architect, told the council a new chain link fence product called “Wilderness Grey” disappears to the human eye in winter. He told the council invisible fences do not work for all breeds. Batteries wear out or collars are left off and dogs are free to roam.

Other residents said dogs contained by invisible fences are trapped inside the boundaries and other dogs or animals can invade their space and attack them. Some said children can play safely in fenced backyards and attractive chain link fencing should be allowed.

When a resident asked if there is a real problem in the city with chain link fences in inappropriate places, a member of the Municipal Planning Commission responded, “It’s our worst problem.” He added it is an emotional issue and is usually raised because of appearance or quality of the fencing.

Another resident, on Monday, asked Mayor Gifford if the chain link fencing in front of City Hall meets the standards of the proposed changes to the ordinance. Mayor Gifford said it does not and he hopes it will be gone very soon.

Having heard the comments made on Monday at the public hearing, Mayor Gifford said more information is forthcoming and should be considered before the ordinance comes to a vote. For example, he said, the current ordinance says any use of chain link fencing must be coated in black or green. No allowance for the new “Wilderness Grey” would be allowed if the ordinance passed without the language being changed.

The council agreed with the mayor and voted to table the changes to the existing fence ordinance.

Frank Brock addressed the council and said if and when a PUD ordinance is passed and before application is made for a PUD license, he and the developers of Chapelbrow would like to host a public hearing and get input from residents on the project. He said, "We want to hear their views on the amenities we are planning to provide, he said. We cannot be successful without the approval of the residents."

Mayor Gifford asked the council what their views were on the PUD public hearing held on Monday night.

Councilman Sandy Gothard said his take-away on the public hearing was an assisted living facility would be a benefit to the community; a PUD ordinance is needed; the proposed PUD ordinance, as written, needs tightening; and, if the council wants to do what the community ask, a professional land planner should be hired.

Councilwoman Catherine Kelley said she appreciated all the comments, all the research and hard work that was done, and all the people that came. Tightening up the ordinance, she said, while perhaps necessary can be problematic if tightened up too much.

Mayor Gifford said he is still getting phone calls and emails about the PUD ordinance and feels the council should have a work session in early April when all council members could be present. Monday, April 6, at 5:30 p.m. was agreed upon for a called meeting of the council to work on the PUD ordinance.

Much discussion was held concerning nuisance issues such as parking cars in yards, disabled vehicles stored in yards or driveways, and multiple families in one house.

Last month, City Attorney William Pickering had promised to review the existing ordinances and decide which ones should be amended to address these nuisance issues. He recommended the existing parking ordinance (ordinance #4) be changed to include “it is illegal to park in yards.”

Existing nuisance ordinance (ordinance #27) should be changed to include “disabled cars” in the list of nuisances listed in the ordinance, Mr. Pickering said.

The council voted to approve on first reading the proposed changes Mr. Pickering had outlined. The council and the mayor agreed that more work may need to be done with the wording before the ordinances are approved. If the wording is changed in subsequent council meetings, then approval on first reading would begin again, Mr. Pickering explained.

The council did approve, on second reading, a new invasive plant ordinance.

The council also approved a privilege license request from Ken and Donna McElrath. Their business, Skoodat, is a virtual company, existing only on the internet. They will market software focused on education. No employees other than themselves will occupy the residence and no deliveries, shipments, or customers will be coming and going from the premises.

Mayor Gifford told the council the Board of Zoning Appeals had two members whose terms had expired. The board recommended that both members be approved for new terms. The council agreed and voted to allow Sally Wall and Tara Strang to serve new terms.

In the Mayor’s report, Mayor Gifford thanked the Fairyland Club for allowing the city to conduct the public hearing in their banquet hall. He said he was not sure any other place on the mountain would have held the crowd that came.

He reminded everyone the Lookout Mountain Decals go on sale April 1. The cost is $3 until June 1. All citizens are urged and required to purchase decals for each car.

After reading a report of Police Department responses, Mayor Gifford expressed his appreciation to the police and fire departments for their hard and dedicated work.

Mayor Gifford said the purchase of a new city dump truck was a tougher task than he estimated, but progress has been made and it will come in under budget.

Dana Wilbourn

dbwilbourn@yahoo.com


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