City Council

CITY OF GALLATIN COUNCIL COMMITTEE MEETING April 23, 2019 6:00 pm Dr. J. Deotha Malone Council Chambers • Call to Order - Councilman Fennell • Roll Call: Alexander-Vice Mayor Camp - Fann - Fennell - Hayes- Love - Overton - Mayor Brown • Approval of Minutes: March 26, 2019 Council Committee Meeting • Public Recognition • Mayor's Comments AGENDA 1. Resolution No. R1902-10 A Resolution Declaring the Intent of the City of Gallatin, Tennessee to Reimburse Itself for Certain Expenditures Relating to Public Works Projects with the Proceeds of Tax- Exempt Bonds or Notes to be Issued in an Approximate Amount of $2,200,000 (Rachel Nichols, Finance Director) 2. Resolution No. R190S-24 A Resolution to Repeal Resolution No. Rl306-24 to Remove the Municipality from the Application of Mandatory Allowance of the Manufacture of Alcoholic Beverages or Intoxicating Drinks and Thereby Causing the Manufacture of Alcoholic Beverages or Alcoholic Drinks, or Both, to be Lawful (James Fenton, Executive Director of EDA) 3. FY 2019/2020 Budget Presentation (Paige Brown, Mayor) • Other Business • Department Head Reports • Adjourn 04/23/19 Council Work Session Agenda-Page 1  The City of Gallatin Council Committee Minutes Tuesday, March 26, 2019 Dr. J. Deotha Malone Council Chambers PRESENT: ABSENT: Mayor Paige Brown Vice Mayor Steve Camp Councilman John D. Alexander Councilman Steve Fann Councilman Shawn Fennell Councilman Craig Hayes Councilwoman Lynda Love Councilman Jimmy Overton **************************************************************************************************** OTHERS PRESENT: Chuck Stuart, Building Official Bill McCord, City Planner Nick Tuttle, City Engineer Debbie Johnson, HR Director Victor Williams, Fire Chief Susan High-McAuley, City Attorney David Gregory, Public Utilities Director Regenia Price, Deputy Clerk Gallatin News, Reporter Lori Smiley, IT Director Zach Wilkinson, Public Works Director Don Bandy, Police Chief David Brown, Parks and Recreation Dir. David Gregory, Public Utilities Dir. Rachel Nichols, Finance Director Vice Mayor Steve Camp called the meeting to order at 6:00 P.M. Approval of Minutes Vice Mayor Camp presented the February 12, 2019 and February 26, 2019 Council Committee minutes for approval. Councilwoman Love made two (2) corrections to the February 26, 2019 minutes; on page 2, a spelling correction for Mr. Shults and also a spelling correction on page 6 under other business, illegible to eligible. 04/23/19 Council Work Session Agenda-Page 2 Council Committee Minutes March 26, 2019 Councilman Overton made motion to approve with corrections; Councilman Alexander seconded. Motion carried with 6 ayes and O nays. Public Recognition Vice Mayor Camp opened public recognition. With no one wishing to speak Vice Mayor Camp closed public recognition. Mayor's Comments • Mayor Brown said the Police Awards were last Thursday night with lots of citizens, civilians and officers recognized • Last Friday night the Gallatin Fire Department had their Badge Ceremony for their 24 new recruits • Friday, March 29th is the "Welcome Home Vietnam Veterans Day" at the County Administration Building from 6:00 until 8:00 P.M. • Saturday, March 30th is the "Big Dad Games Extravaganza Tournament" at the Civic Center • Also on Saturday, March 30th is the "Re-Enchantment" playing at The Palace Theatre at 7:00 P.M. • The Miss Tennessee Pageant is this Saturday, March 30th at Gallatin High School • Monday, April 1st Council has a meeting with GNRC in the Mayor's Conference Room from 5:00 until 6:30 P.M. • Wednesday, April 3rd John Isbell is having a Reappraisal Presentation in the Council Chambers from 5:00 unto 7:00 P.M. • The Youth Job Fair is Thursday, April 4th at the American Job Center on Greenlea Boulevard from 3:00 until 7:00 P.M. Vice Mayor Camp closed Mayor's Comments. 2 04/23/19 Council Work Session Agenda-Page 3 Council Committee Minutes March 26, 2019 Agenda 1. Monthly Financial Reports Finance Director Rachel Nichols passed out and explained the monthly financial reports. Ms. Nichols asked for any questions from council and there were none. 2. Acceptance of Professional Services Contract Finance Director Rachel Nichols said this is the annual contract for audit services. Ms. Nichols said the contract is again with Alexander Thompson and Arnold. Councilman Fennell made motion to approve; Councilman Hayes seconded. Motion carried with 7 ayes and O nays. 3. Dangerous Building - 361 St. Luke Place Building Official Chuck Stuart presented the dangerous building located at 361 St. Luke Place. Mr. Stuart stated the building is in complete disrepair. He said the proper steps have been taken, the notifications have been completed and he requested moving this location to the demo process. City Attorney Susan High-McAuley stated that the city would need to do a show cause notice so it would have to be set out for the council meeting on April 23rd. Councilman Overton made motion to approve; Councilwoman Love seconded. Motion carried with 7 ayes and O nays. 4. Dangerous Building- 410 Pace Street Building Official Chuck Stuart presented the dangerous building located at 410 Pace Street. Mr. Stuart stated he had been working with a family member for over a year but there has been no movement on this property. He recommended moving this item to the April 23rd council meeting also. Councilman Overton made motion to approve; Councilman Hayes seconded. Motion carried with 7 ayes and O nays. 3 04/23/19 Council Work Session Agenda-Page 4 Council Committee Minutes March 26, 2019 5. Access Drive Off of East Broadway City Engineer Nick Tuttle gave a brief recap of the history concerning this access road. Mr. Tuttle said this road creates a loop and it appears to have been paved at one time. He added that since the paving it appears that the state's maintenance was only gravel over the broken down asphalt. Mr. Tuttle said the state maintained this drive but at some point things changed and they decided to discontinue their maintenance about two (2) years ago. He said the city trash trucks can no longer pass on these driveways because they are no longer accessible. Mr. Tuttle said stormwater is causing some issues with the drives. He said he looked at the cost and options to continue to maintain this drive. Mr. Tuttle explained the driveway is on or on the edge of the state right-of-way; it is not a city right-of-way. He said this case is a unique situation because the city would be maintaining a drive that is not a city right-of-way. Council discussed. City Attorney Susan High-McAuley stated her office has not been involved with a title search for this property. Ms. High-McAuley said if this is a private drive the city would have an issue with public purpose doctrine. Council continued to discuss. Council requested Mr. Tuttle ask our State Representatives for assistance with this issue, provide a title search on the property and ask TDOT again for their assistance. Council discussed the stormwater issues. Council agreed to defer and place this item on the next work session agenda for further discussion. 6. Ordinance #01904-20 Police Chief Don Bandy presented this ordinance to appropriate $12,266.67 from insurance payment for damaged vehicle. 4 04/23/19 Council Work Session Agenda-Page 5 Council Committee Minutes March 26, 2019 Councilman Overton made motion to approve; Councilman Hayes seconded. Motion carried with 7 ayes and O nays. Other Business Vice Mayor Camp opened other business. Mayor presented the following road closure requests: • Fairview Plantation Block Party Road Closure request for Saturday, April 27th from 4:00 - 7:00 P.M. Councilman Fennell made motion to approve; Councilwoman Love seconded. Motion carried with 7 ayes and O nays. • Square Fest and Main Street Festival Road Closure request for Saturday, April 27th and October 5rh from 6:00 AM. to 6:00P.M. Councilman Overton made motion to approve; Councilwoman Love seconded. Motion carried with 7 ayes and O nays. • Fashion Crawl and Crawfish Boil Road Closure for Saturday, May 11th from 10:00 A.M. to 5:00 P.M. Councilman Overton made motion to approve; Councilwoman Love seconded. Motion carried with 7 ayes and O nays. • Third Thursday on Main Concert Series Road Closure request for Thursday June 20th, July 18th, August 15, and September 19th from 6:30 to 10:00 P.M. Councilman Overton made motion to approve; Councilwoman Love seconded. Motion carried with 7 ayes and O nays. • Councilman Hayes requested The Knoll Subdivision be placed on the work session agenda in two (2) weeks for more discussion on the road that comes out on Browns Lane. 5 04/23/19 Council Work Session Agenda-Page 6 Council Committee Minutes March 26, 2019 Councilman Overton said his understanding was that the only way it could be brought to council was that someone on the winning side of the planning commission would bring it back up according to our city attorney. City Attorney Susan High-McAuley stated that is correct. Ms. High-McAuley said this was discussed earlier that this was approved by the planning commission. This would have to go back through planning commission to be brought back up. With no one else wishing to speak Vice Mayor Camp closed other business. Department Head Reports Vice Mayor Camp opened department head reports. • Public Utilities Director David Gregory announced that the Department of Environment and Conservation did a survey of the city water system. Mr. Gregory said the city earned 599 points out of a possible 599 points: we scored 100% on the water quality and the system. With no one else wishing to speak Vice Mayor Camp closed department head reports. Adjourn Vice Mayor Overton made a motion; Councilman Alexander seconded. Motion carried 7 ayes O nays. Vice Mayor Camp adjourned the meeting at 6:35 P.M. Mayor Paige Brown Regenia Price, Deputy Clerk 6 04/23/19 Council Work Session Agenda-Page 7 Council Committee Minutes March 26, 2019 7 04/23/19 Council Work Session Agenda-Page 8  CITY OF GALLA TIN COUNCIL COMMITTEE AGENDA 4/23/2019 DEPARTMENT: Finance AGENDA# 1 SUBJECT: Reimbursement resolution SUMMARY: Resolution stating that the city intends to reimburse itself with future bond funds for costs associated with the purcha e of certain tracks of land RECOMMENDATION: Approval ATTACHMENT: [xJ Resolution _[]_ Correspondence _[J_ Bid Tabulation _[]_ Ordinance _[]_ Contract __o_ Other Approved D Rejected D Deferred D Notes: 04/23/19 Council Work Session Agenda-Page 9  RESOLUTION NO. R1902-10 A RESOLUTION DECLARING THE INTENT OF THE CITY OF GALLATIN, TENNESSEE TO REIMBURSE ITSELF FOR CERTAIN EXPENDITURES RELATING TO PUBLIC WORK S PROJECTS WITH THE PROCEEDS OFT AX-EXEMPT BONDS OR NOTES TO BE ISSUED IN AN APPROXIMATE AMOUNT OF $2,200,000 WHEREAS, it is the intention of the City Council (the "City Council") of the City of Gallatin, Tennessee (the "City") to issue bonds or notes to provide funds for the acquisition of land for the City's governmental purposes (the "Projects"); and WHEREAS, it is anticipated that it will be necessary to make expenditures in payment of costs of the Projects prior to the issuance of said bonds or notes; and WHEREAS, the City Council wishes to state its intentions with respect to reimbursement for said expenditures in accordance with the requirements of final regulations applicable thereto promulgated by the United States Department of the Treasury. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gallatin, Tennessee, as follows: Section l. It is reasonably expected that the City will reimburse itself for certain expenditures made by the City in connection with the Projects described above. The City intends to reimburse all such expenditures by issuing its general obligation bonds or notes. The expenditures made prior to the issuance of said general obligation bonds or notes for the Projects are expected to be paid from the City's fund balances. Debt service on such bonds is expected to be paid from unlimited ad valorem taxes to be levied on all taxable property within the City. Section 2. The approximate principal amount of bonds expected to be issued to finance the Projects hereinabove described is $2,200,000. Section 3. This resolution shall be placed in the minutes of the City Council and shall be made available for inspection by the general public at the office of the City Recorder. Section 4. It is the City's reasonable expectation that it will reimburse the original expenditures from the proceeds of bonds. Section 5. This resolution constitutes a declaration of official intent under Treas. Reg. § 1.150-2. 04/23/19 Council Work Session Agenda-Page 10  Section 6. All resolutions or parts of resolutions in conflict herewith are hereby repealed, and this resolution shall be in immediate effect from and after its adoption. BE IT FURTHER RESOLVED that this Resolution shall take effect from and after its final passage the public welfare requiring such. IT IS SO ORDERED. PRESENT AND VOTING: AYE: NAY: DATED: MAYOR PAIGE BROWN ATTEST: CONNIE KITTRELL CITY RECORDER APPORVED AS TO FORM: SUSAN HIGH-MCAULEY CITY ATTORNEY 04/23/19 Council Work Session Agenda-Page 11 ST A TE OF TENNESSEE ) COUNTY OF SUMNER ) I, Connie Kittrell, certify that I am the duly qualified and acting City Recorder of the City of Gallatin, Tennessee, and as such official I further certify that attached hereto is a copy of excerpts from the minutes of a regular meeting of , 2019 of the governing body of the City; that these minutes were promptly and fully recorded and are open to public inspection; that l have compared said copy with the original minute record of said meeting in my official custody; and that said copy is a true, correct and complete transcript from said original minute record insofar as said original record relates to reimbursement for expenditures in an approximate amount of $2,200,000. WITN · SS my official signature and seal of said City this __ day of , 2019. City Recorder (SEAL) 26026416.1 04/23/19 Council Work Session Agenda-Page 12  CITY OF GALLATIN COUNCIL COMMITTEE AGENDA April 23, 2019 DEPARTMENT: Economic Development AGENDA# 2 SUBJECT: Distilleries SUMMARY: The Gallatin EDA office has been contacted recently by more than one person wanting to open a distillery in Gallatin that would offer either a retail/restaurant option or a tourism option. Currently, the City does not allow distilleries. The Gallatin EDA recommends reconsidering this position. See all attached. RECOMMENDATION: ATTACHMENT: lxJ Resolution _[]_ Correspondence _[]_ Bid Tabulation _[]_ Ordinance _[]_ Contract JZl Other Approved D Rejected D Deferred D Notes: 04/23/19 Council Work Session Agenda-Page 13  RESOLUTION NO. R1905-24 A RESOLUTION TO REPEAL RESOLUTION NO. R1306-24 TO REMOVE THE MUNICIPALITY FROM THE APPLICATION OF MANDATORY ALLOWANCE OF THE MANUFACTURE OF ALCOHOLIC BEVERAGESOR INTOXICATING DRINKS AND THEREBY CAUSING THE MANUFACTURE OF ALCOHOLIC BEVERAGES OR ALCOHOLIC DRINKS, OR BOTH, TO BE LAWFUL WHEREAS, Tennessee Code Annotated, § 57-2-103, made it lawful to manufacture intoxicating liquors or intoxicating drinks, or both, within the boundaries of certain jurisdictions; including the City of Gallatin; and WHEREAS, pursuant to Tennessee Code Annotated § 57-2-103(d)(3)(A) on July 16, 2013, the City of Gallatin adopted Resolution No. R1306-24 to remove the City of Gallatin from the mandatory allowance of the manufacture of alcoholic beverages or alcoholic drinks, or both, within the City; WHEREAS, Tennessee Code Annotated § 57-2-103(d)(3)(C) authorizes a municipality that adopts a resolution to opt-out of the manufacture of alcoholic beverages or alcoholic drinks, or both, to reverse such action at a later date by resolution; WHEREAS, the City Council for the City of Gallatin has determined that it is in the best interests of the City to repeal Resolution No. Rl 306-24 and reverse the action of said resolution removing the City of Gallatin from the mandatory allowance of the manufacture of alcoholic beverages or alcoholic drinks, or both, and thereby allow the manufacture of alcoholic beverages or alcoholic drinks, or both within the City of Gallatin; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF GALLATIN, TENNESSEE, that pursuant to Tennessee Code Annotated, § 57-2-103(d)(3)(C) the City elects to repeal Resolution No. R1306-24 in its entirety removing itself from the application of Tennessee Code Annotated,§ 57-2-103(d)(l) and thereby reverses its prior action. Upon the effective date of this resolution the manufacture of intoxicating liquors or intoxicating drinks, or both, within the boundaries of the City of Gallatin, Tennessee shall be lawful. BE IT FURTHER RESOLVED BY THE CITY OF GALLATIN, TENNESSEE, that this resolution shall take effect from and after its final passage, the public welfare requiring such. IT IS SO ORDERED. PRESENT AND VOTING AYE: NAY: DATED: MAYOR PAIGE BROWN 04/23/19 Council Work Session Agenda-Page 14 ATTEST: CONNIE KITTRELL CITY RECORDER APPROVED AS TO FORM: SUSAN HIGH-MCAULEY CITY ATTORNEY 04/23/19 Council Work Session Agenda-Page 15  RESOLUTION NO. R1306-24 A RESOLUTION TO REMOVE THE MUNICIPALITY FROM THE APPLICATION OF MANDATORY ALLOWANCE OF THE MANUFACTURE OF ALCOHOLIC BEVERAGES WHEREAS, Tennessee Code Annotated, § 57-2-103, makes it lawful to manufacture intoxicating liquors or intoxicating drinks, or both, within the boundaries of certain jurisdictions; and WHEREAS, Tennessee Code Annotated, § 57-2-103, allows a municipality to adopt a resolution to remove the municipality from the application of such provisions; WHEREAS, no written notification has been filed with the legislative body of the municipality expressing an intent to pursue all lawful avenues to manufacture intoxicating liquors or intoxicating drinks, or both, within the boundaries of the municipality; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF GALLATIN, TENNESSEE, that pursuant to Tennessee Code Annotated,§ 57-2-103(d)(3) the City elects to remove itself from the application of Tennessee Code Annotated, § 57-2-103(d). Upon the effective date of this resolution the manufacture of intoxicating liquors or intoxicating drinks. or both, within the boundaries of the City of Gallatin, Tennessee shall not be lawful. BE IT FURTHER RESOLVED BY THE CITY OF GALLATIN, TENNESSEE, that this resolution shall take effect from and after its final passage, the public welfare requiring such. IT IS SO ORDERED. PRESENT AND VOTING AYE:4 NAY:2 DATED: Jt.iJy-l6, CONNIE KITTRELL, . THOMPSON, CITY ATTORNEY 04/23/19 Council Work Session Agenda-Page 16  jOE r-I. TH01v!PSON CnY AnrntNEY MEMORANDUM TO: M.1 von Jn ANN GR.\\'l(S, M"Mlllms ()],' G.ILL.\TJN ClTY COUNCll. FROM: JOE H. T!IO~ll'SON, CITY A'JTORNl•:Y SUDJECl': PU!ll.lC Cll.\l".i'lm 445- D!S'J'IU.J•:mlc.'> DATE: j UNE 20, 2013 At the last committee meeting in May, the City Council asked for un analysis of Public Chapter 445 ("PC 445"), signed into law by the governor on May 16, 2013. One of the prime areas of confusion seems to lie with what is covered by the new law, ancl whut impact, if any, it will have on businesses seeking to locate to Gollatin. The law revises the mechanism for a city to approve the manufacture of intoxicating liquors or drinks. The following is a listing of points that you should tuke into account in your deliberations on this issue: • Intoxicating liquors or drinks is a defined term in the Tennessee Code Annotated and it only means "alcohol, spirits, liquors, wines and every liquid or solid, patented or not, containing alcohol, spirits, liquor or wine." In short, the legislation docs not apply to beer (chfoks containing less than 5% alcohol by weight). The mauufucturc of beer is alrendv permitted by state Jaw and local ordinance. • In the past and until July l, 20 l 3 when PC 445 becomes effective, cities allowed residents to decide by referendum whether the manufacture of intoxicating liquors or drinks within their city limits was allowed. o Effective July 1, 2013, that right has been removed by the Tennessee General Assembly if the city has approved both liquor by the drink and retail liquor sales. The City of Gallatin has approved both of these measures by referendum. o The City Council can choose to op! out of the provisions of PC 445 by passing a resolution. If it chooses to opt out, it may reverse this action at some point in the future by passage 01.· a resolution reversing the action, o Under PC 445, cities cannot impost: most distance limitations, or a cap on the number of manufacturers of intoxicating liquors or cl rinks. 1.12 WF\:,T M.\IN STRF.ET • G.-\JJ ..1TIN, TN 37066 • (615) 230-0681 • f:IX (615) 230-0657 04/23/19 Council Work Session Agenda-Page 17 ~ If the City Council chooses not to opt out, then a manufacturer of intoxicating liquor or drinks would still be subject to local zoning requirements. The planning department has evaluated the use classification for this type of activity and determined that manufacturers would be permitted in the IR (Industrial Restricted) and JG (Industrial General) zoning classifications. '~E"d"m. _ The foregoing has only been a summary of PC 445 and l would urge you to contact me if you have ,ny other questions that I hove not addressed ID Jo\3hompson, City Attorney 04/23/19 Council Work Session Agenda-Page 18 Joe Thompson From: UT-MT AS [rntas@tennessee.edu] Sent: Tuesday, May 21, 2013 4:00 PM To: City Attorney Subject: Distilleries in Tennessee - Update frorn 2013 Legislative Session 1f you're having troubte v,e.,in;1 thi~ crna», you rndy filtf.tll.Q.!.wJ\J:. At the tail end of their 2013 session, the Tennessee General Assembly passed SB0129/HB0102. The bill, which as of the date of this writing has yet to be assigned a public chapter number, amends Tennessee Code Annotated, §§ 57-2-103 and 57-3-202 to make the manufacture of Intoxicating liquors, lntoxirnting drinks (including high-alcohol content beer), or both, lawful in the following jurisdictions: J. A city or county that has approved the manufacture of intoxicating liquors or intoxicating drinks, or both, via a public referendum; 2. I\ city or county that has approved both retail package sales and consumption of alcoholic beverages on the premises through a referendum; 3. A city or county with a premier tourist resort district In which it Is lawful to sell alcoholic beverages for on premises consumption; 4. A city with a population of less than 1,000 that is located in a county in which any jurisdiction within the county has approved retail package sales through referendum and any jurisdiction within the county has approved consumption of alcoholic beverages on the premises through referendum; 5. A cily with a population of less than 1,000 that is located in a county that is included in a Tennessee River Resort District and has approved retail package sales through referendum; or 6. A city or county where it ls lawful to have manufacturing of Intoxicating liquors or Intoxicating drinks, or both, prior to the effective date of the act. Pursuant to the bill, distilleries and the manufacture of alcoholic beverages will become lawful upon its effective date. However, a cily that wishes to continue Lo prohibit the manufacture of alcohol can do so via a resolution which removes application of this law. Such a resolution must be passed before a person files an official notice with city of his Intent to pursue all lawful avenues to rnanufacture alcohol within the city limits. No notice may be filed prior to 45 days after the effective date of the bill which is assumed to be July 1, 2013. Thus a notice of intent can be filed with the city as early as August 14, 2013, assuming our prediction of the effective date of July 1, 2013 Is correct. A city meeting one of the atorernentloned criteria that wishes to continue to prohibit the manufacture of alcohol should pass a resolution prior to that date. Click here to view a soomle resolution in MORe or ~ad a Word v~. Confirmalion of the effective date and other details will be provided In a subsequent email once the public chapter is published. Should you have any questions, please contact your MTAS management consultant. If you have any technical problems with this email or with MORe, please contact ~Y. at 865.974.9822. 04/23/19 Council Work Session Agenda-Page 19  CITY OF GALLATIN COUNCIL COMMITTEE AGENDA April 23, 2019 DEPARTMENT: Mayor Paige Brown AGENDA# 3 SUBJECT: FY 2019/2020 Budget Presentation SUMMARY: RECOMMENDATION: ATTACHMENT: 0 Resolution _D._ Correspondence _D._ Bid Tabulation _D._ Ordinance _D._ Contract _D._ Other Approved 0 Rejected 0 Deferred 0 Notes: 04/23/19 Council Work Session Agenda-Page 20