City Council
Regular MeetingGallatin, TN · March 10, 2020
Agenda
CITY OF GALLATIN
COUNCIL COMMITTEE MEETING
March LO,2O2O 5:00 Pm Dr. J. Deotha Malone
Council Chambers
o Call to Order - Councilman Overton
o Roll Call: Alexander - Vice Mayor Camp - Fann - Fennell - Hayes- Love - Overton - Mayor Brown
. Approvalof Minutes: February LI,2O2O CouncilCommittee Meeting
o Public Recognition
o Mayor's Comments
AGENDA
1. Discussion of proposed Amendments to the city of Gallatin Urban Growth Boundary (Bill Mccord,
City Planner)
Z. Resolution No. R2703-17 Accepting Public lmprovements by the City of Gallatin, Tennessee, Cairo
Estates, Phase 3 (Nick Tuttle, City Engineer)
3. Monthly Financial Reports (RachelNichols, Finance Director)
4. Audit Contract Approval, Professional Service Over S10,000 {Rachel Nichols, Finance Director}
5. Resolution No. R2A@3-1g Apppointing Tim Hertel as Board Member of the Gallatin Economic
Development Agency Board (James Fenton, Executive Director of EDA)
o Other Business
o Department Head RePorts
o Adjourn
03/10/2020 Council Work Session Agenda-Page 1
The City of Gallatin
Council Committee Meeting
Tuesday, February 1I, 2020
Dr. J. Deotha Malone Council Chambers
PRESENT ABSENT:
Mayor Paige Brown
Vice Mayor Steve Camp
Councilman John D. Alexander
Councilman Shawn Fennell
Councilman Steve Fann
Councilman Craig Hayes
Councilwoman Lynda Love
Councilman jimmy Overton
OTHERS PRESENT:
Bill McCord, City Planner Chuck Stuart, Building Official
Nick Tuttle, City Engineer Bill Sorrells, Asst. Police Chief
Victor Williams, Fire Chief Susan High-McAuley, City Attorney
David Gregory, Public Utilities Dir Connie Kittrell, City Recorder
Gallatin News. Reporter Lori Smiley, IT Director
Rachel Nichols, Finance Director ZachWilkinson, Public Works Dir.
David Brown, Parks and Rec. Dir. Connie Flood, Human Resource Dir.
James Fenton, EDA Director JamiAnn Hannah, Risk Manager
Councilwoman Lynda Love called the meeting to order at 6:00 P.M
Approval of Minutes
Councilwoman Love presented the january 28,2020 Council Committee minutes for
approval.
Councilman Hayes made motion to approve; Councilman Overton seconded. Motion
carried withT ayes and 0 nays.
03/10/2020 Council Work Session Agenda-Page 2
Council Committee Minutes
February 11,2020
Public Recognition
Councilwoman Love opened public recognition.
a Michelle fouvence of 1335 Long Hollow Pike made several comments about the
moratorium on apartments and the effects on all residents of Sumner County.
a Donna Clark of 321. Douglas Bend spoke about too many apartments in Gallatin
and the difference between of a resident and a property owner.
a Pascal Jouvence of 1335 Long Hollow Pike spoke about the moratorium on
apartments, Germantown's moratorium and he thanked council for considering
this as an option.
a John Miller of 104Pine Drive stated renters do pay taxes in their rent and when
taxes are raised it impacts all of Sumner County.
With no one else wishing to speak public recognition was closed.
Mayor's Comments
a HGTV Home Town Makeover and thanked everyone that participated
o "Baker and Brown" launched last week with 7,500 views
a Remember the Summers and Troutt families in our Prayers and others
Mayor presented a road closure for Sunday May 31't for a Wellness Walk to raise
awareness of nutritional health and to raise funds for a church and out-reach center.
Mayor stated this road closure is problematic because of the time of day
Councilman Overton made motion to approve as long as they work with the police
department to establish a better route; Councilman Hayes seconded.
The applicant, Ms. Karen Spence spoke about the route and having all required
signatures.
Mayor stated her concerns about impacting the restaurants on the square that have a
large after church business.
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03/10/2020 Council Work Session Agenda-Page 3
Council Committee Minutes
February 11,2020
Council discussed.
Councilwoman Love called for the vote. Motion carried with7 ayes and 0 nays
Agenda
L. Comprehensive Annual Financial for the Year Endins Iune 30.2019
Finance Director Rachel Nichols introduced Matt Wood with Alexander,
Thompsory Arnold PLLC.
Mr. Wood presented the Comprehensive Annual Financial Report for the year
ending June 30, 2019. He highlighted several changes and stated it was a clean
audit opinion with no areas of fraud and no internal control findings.
2. Ordinance #02002-8 Appropriatine .000 State Grant for Miracle Park and
Field Facilitv
Finance Director Rachel Nichols presented this ordinance to appropriate the
State grant.
Councilman Overton made motion to move to council; Councilman Alexander
seconded. Motion carried withT ayes and 0 nays.
3. Belvedere Drive and Peninsula Drive Traffic Calming
City Engineer Nick Tuttle provided a PowerPoint presentation. Mr. Tuttle
presented information from the traffic counts and a history of traffic calming on
Belvedere Drive and Peninsula Drive.
Mr. Tuttle reconunended installing tempotary mini roundabouts at every
intersection in the neighborhood, polling the neighbors once the roundabouts
have been installed and coming back with a permanent recommendation.
Council discussed.
Mr. Tuttle stated $23,500 would be the projected cost of the temporary
roundabouts.
a
J
03/10/2020 Council Work Session Agenda-Page 4
Council Committee Minutes
February 11,2020
Councilman Overton made motion to move to council: Councilman Fennell
seconded.
Council agreed to suspend the rules to allow Mark Schmit of 1011 Peninsula
Drive andLiz Fry of 830 Belvedere Drive to speak.
Mr. Schmit and Ms. Fry thanked Mr. Tuttle, Mayor Brown and Council for
working on a solution for additional traffic calming in their neighborhood.
Councilwoman Love called for the vote. Motion carried with7 ayes and 0 nays.
4. Resolution #R2002-11 Accepting Public Improvements by the City of Gallatin,
Tennessee - Foxland Crossine. Phase 12A
City Engineer Nick Tuttle presented this resolution.
Councilman Overton made motion to move to council; Councilman Hayes
seconded. Motion carried withT ayes and 0 nays.
5. Resolution #R2002-10 - Accepting Public Improvements by the Citv of
Gallatin, Tennessee - Carellton, Phase LB
6. Resolution #R2002-9 - Acceptine fmorovements bv the Citv of Gallatin.
Tennessee llton- Phase 2-A
City Engineer Nick Tuttle combined Items #5. and #6.
Councilman Overton made motion to move to council; Councilman Fennell
seconded. Motion carried withT ayes and 0 nays.
7. Ordinance #02002-9 - Vacatine Rieht-of-Wav on Randolph Circle Located in
the Vertrees Terrace Subdivision
City Engineer Nick Tuttle presented this ordinance to abandon the right-of-way,
to split it down the middle with adjacent property owners without any required
payment to the city.
Councilman Alexander made motion to move to council; Councilman Overton
seconded. Motion carried withT ayes and 0 nays.
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03/10/2020 Council Work Session Agenda-Page 5
Council Committee Minutes
February 11,2020
8. Resolution #R2002-13 - Authorizins, Citv of Gallatin to Particioate in the
Public Entity Partners "Driver Safety" Matching Grant Program
Risk Manager Jamiann Hannah presented this resolution for the Driver Safety
Grant from Public Entity Partners.
Councilman Alexander made motion to move to council; Councilman Overton
seconded. Motion carried with7 ayes and 0 nays.
9. Resolution #R2002-72 - Authorizine Citv of Gallatin to Particinate in the
Public Entifv Partners "Safetv P " Matchins Grant Prosram
Risk Manager ]amiann Hannah presented this resolution for the Safety Partners
Grant from Public Entity Partners.
Councilman Alexander made motion to move to council; Councilman Overton
seconded. Motion carried withT ayes and 0 nays.
10. Presentation and Discussion of the Preliminary Findings of Land Zoned to
Permit Multi-Family Residential Uses in the City of Gallatin
City Planner Bill McCord provided a PowerPoint presentation along with
handout materials (charts and maps). Mt. McCord explained the findings of
multi-family properties that are zoned for apartments and the continued growth
in Gallatin.
City Attorney Susan High-McAuley stated moratoriums are usually short term
to allow time for a study but the city cannot stop construction of apartments. Ms
High-McAuley stated a moratorium must be done in conjunction with a study.
Council discussed previous zoned properties allowing construction of
apartments and various options for multi-family uses along with many other
topics.
Councilman Steve Fann left the meeting at this time.
LL. Resolution #R2002-74 - Approvins a Waiver of the Suretv Requirement
Associated with the Sumner Countv IaiI Pod Expansion
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03/10/2020 Council Work Session Agenda-Page 6
Council Committee Minutes
February 11,2020
City Planner Bill McCord presented Sumner County's request for the city to
waive the required surety for the expansion of the jail. Mr. McCord said they
have also requested waiving all inspection and site plan review fees.
Councilman Overton made motion to approve only the surety bond and move to
council; Councilman Fennell seconded.
Discussion on fees and other available alternatives.
Councilwoman Love called for the vote. Motion carried with 6 ayes and 0 nays
12. Discussion of Proposed Ordinance #01909-46 - Establishment of the Bie
Station Camp Boulevard Transportation Imnrovement District
City Planner Bill McCord led the discussion on this ordinance
George Phillips, representing Welch College, requested replacing the language
"academic" with "collegiate" purposes.
Councilman Overton made motion to move to council with the requested
changes; Councilman Hayes seconded.
City Engineer Nick Tuttle asked council to defer for two (2) weeks to allow more
time for review.
Councilman Overton withdrew his motion; Councilman Hayes withdrew his
second.
Other Business
Councilwoman Love opened other business.
With no one wishing to speak Councilwoman Love closed other business.
Department Head Reports
Councilwoman Love opened department head reports
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03/10/2020 Council Work Session Agenda-Page 7
Council Committee Minutes
February 11,2020
With no one wishing to speak Councilwoman Love closed the department head reports.
Adjourn
Councilman Fennell made motion to adjourn; Councilman Alexander seconded.
Motion carried with 6 ayes and 0 nays.
Councilwoman Love adjourned the meeting at 7:55 P.M.
Mayor Paige Brown Connie Kittrell City Recorder
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03/10/2020 Council Work Session Agenda-Page 8
CITY OF'GALLATIN
COUNCIL COMMITTEE AGENDA
March 10,2020
DEPARTMENT: PLANNING DEPARTMENT AGENDA # 1
SUBJECT:
Discussion of proposed amendments to the City of Gallatin Urban Growth Boundary
SUMMARY:
The Planning Department requests that the City Council consider changes to the Urban Growth
Boundary. The Urban Growth Boundary was established in 2000 as required by Tennessee Code
Annotated, Title 6, Chapter 58, Sections 101-108. The Urban Growth Boundary was initially
established to encompass an area that the City believed would be necessary to accommodate existing
and future urban development for a twenty year timeframe (until 2020). The current Urban Growth
Boundary encompaseses approximately 8l square miles including all 32.5 square miles in the
existing city limits. Staff analyzed the existing boundary and proposes to reduce the size of the
Urban Growth Boundary based on historic and projected growth for the next 20 years. Maps of the
existing and proposed Urban Growth Boundary will be provided to the Council Committee at the
meeting. Other communities in Sumner County area also proposing changes to their growth
boundaries.
The Planning Commission has not reviewed the proposed changes. Staff intends to discuss this issue
with the Planning Commision on February 24th but not to seek endorsement of a revised map at this
time.
RECOMMENDATION:
ATTACHMENT:
olution
Ordinance
Correspondence
Contract # Bid Tabulation
Other
Approved
Rejected
Deferred
Notes:
03/10/2020 Council Work Session Agenda-Page 9
PROPOSED URBAN GROWTH BOUNDARY
CHANGES FOR THE CITY OF GALLATIN - 2O2O
Gallatin is considering amending its Urban Growth Boundary to better reflect policies of the City's
Comprehensive Plan, Gallatin on the Move 2020 and to better comply with the intent and
authorization of growth management legislation approved by adoption of Tennessee Code
Annotated , Title 6, Chapter 58, Sections 100- 118 (Public Chapter 110L).
Gallatin adopted the Urban Growth Boundary along with other Sumner County municipalities
and the County in 2000. The Urban Growth Boundary was intended to represent an area
necessary to accommodate the growth of the City for the next 20 years. Gallatin was projected
to have a population of 35,617 by 2A2O according to the US Census Bureau, Tennessee State Data
Center and Nashville Area MPO as reported in the 2035 Sumner County Comprehensive Plan.
The University of Tennessee Boyd Center for Business and Economic Research (UTBER) provides
long-term population projections to be used for evaluating Urban Growth Boundaries. The
adopted Urban Growth Boundary contains 51,950.3 acres or 8L.L7 square miles. Gallatin's
growth since adoption of the Urban Growth Boundary has fallen wellshort of the anticipated by
the Urban Growth Boundary with urbanized uses. Much of the area remains in rural uses
including large lot estates, agriculture uses and, to a lesser extent, forestry uses. However, the
City's population has kept pace and actually exceeded historic projections made the UTBER office
but within a more confined geographic area. Also, since adoption of the Urban Growth Boundary
nearly 10 square miles has been added to the city which is approximately 30% increase in area.
All of the annexed territory is contained within the Urban Growth Boundary.
Based on future population projection and the amount of land needed to accommodate urban
growth including lands for residential, commercial, industrial, and recreation activities, a revised
Urban Growth Boundary is proposed. While the City and the surrounding area will continue to
grow, new development will occur within the existing city limits and on specifically identified
properties in close proximity to the city, particularly on properties that are serviced with central
water and sewer systems and within a four minute response time to existing and proposed fire
stations. ln addition, since the Gallatin on the Move 2020 plan was adopted after the Urban
Growth Boundary in most cases properties identified as Rural Community in the 2020 Plan are
not needed to meet the projected population for the next 20 years. Therefore, the City proposes
to reduce the size of the Urban Growth Boundary to promote a more compact urban growth
pattern to allow for additional growth, preserve rural areas, including environmentally sensitive
areas, and to control the cost of extending and maintaining public infrastructure and providing
municipal services. The proposed UGB area will comprise 40,606.1 acres or 53.44 square miles,
which is a 22 percent reduction in the size of the Urban Growth Boundary. As a result of the
change in the City's UGB, the county will need to amend its Urban Growth Plan and boundaries
and assign the area ceded by Gallatin as either the Planned Growth Area or Rural Preserve Area.
Proposed Urban Growth Boundary for the City of Gallatin -2020
03/10/2020 Council Work Session Agenda-Page 10
ln addition, the City proposes to exchange small areas of its UGB (42.22t acres including eight
parcels and highway right-of-way) currently within the Gallatin UGB with lands currently
designated within the Hendersonville UGB and exchange areas (20.4 acres including part of Big
Station Camp Boulevard right-of-way and a parcel and part of a parcel and a portion of Army
Corps of Engineers Old Hickory Lake Reservation)currently within the Hendersonville UGB.
The City's proposed UGB amendment will require review and approval by the County
Coordinating Committee and approval of other local governments in the County and finally, the
approvalof the State Local Planning and Advisory Committee.
Prior to formally amending the UGB the city will need to prepare an amendment or amended
report of the initialUrban Growth Boundary Plan.
Proposed Gallatln Urban Growth Boundary Changes:
Acres (Current) Acres (Proposed) Square Miles (Current) Square Miles (Proposed)
51,950.3 40,506.1 81.r7 63.44
Historic and Projected Gallatin Population:
Year Population Area (Square Milesl Population/Square Mile
L970 L3,253 7.67 L728
1980 L7,tgL 17.88 961.46
1990 L8,794 18.99 989.67
2000 23,230 20.80 tLt6.82
20LO 30,097 30.01 1002.89
2020 35,6L7* 32.77 tto4.o4
2030 39,538
2040 46,6L6
UTBER: 2020 = 35,195; 2030 = 39,538
r From Sumner County Comprehensive Plan
Area exchange with Hendersonville:
Remove from Gallatin Urban Growth Boundary and add to Hendersonville Urban Growth
Boundary = 42.22+ acres {North of the CSX Railroad)
Remove from Hendersonville Urban Growth Boundary and add to Gallatin Urban Growth
Boundary = 20.4! acres (Big Station Camp Blvd. and a parcel east of Big Station Camp Boulevard)
Proposed Urban Growth Boundary for the City of Gallatin -2020
03/10/2020 Council Work Session Agenda-Page 11
Applicable Urban Growth Boundary Statutes
Title 58, Chapter 58, Section 100 et. seq.
6-5 8- 10 1 . Chapter definitions.
As used in this chapter, unless the context otherwise requires:
(1) "Calendar quarter" means any one (1) of the following time periods during a given year:
January I through March 31, April 1 through June 30, July 1 through September 30, or
October I through December 3l;
(2) "Committee" means the local govemment planning advisory committee established by $ a-
3-727;
(3) "Council" means the joint economic and community development council established by $
6-58-lt4;
(4) "Growth plan" means thc plan each county must file with the committee by July 1, 2001, as
required by $ 6-58-107;
(5) "National flood insurance program (NFIP)" means thc insurance program administered by
the federal emergency management agency, as authorized by the National Flood Insurance
Reform Act(42 U.S.C. $ 4001 etseq);
(6) "Planned growth area" means an area established in conformance with $ 6-58-106(b) and
approved in accordance with the requirements of $ 6-58-104;
(7) "Rural area" means an area established in conformance with $ 6-58-106(c) and approved qin
accordance with the requirements of $ 6-58-104;
(8) "Special flood hazard area" means the land area covered by thc floodwatcrs of the base flood
on NFIP maps; and
(9) "Urban growth boundary" means a line encompassing territory established in conformance
with {i 6-58-106(a) and approved i4 499o$ance wlth the rsq,uirements of g 6-58-104.
History
Acts 1998, ch. I 101, $ l;2005, ch.245, $ l;2010, ch. 1091, $ 2
6-58- 102. Purpose of chapter.
With this chapter, the general assembly intends to establish a comprehensive growth policy for
this statc that:
(t) Eliminates annexation or incorporation out of fear;
(2) Establishes incentives to annex or incorporate where appropriate;
(3) More closely matches the timing of development and the provision of public services;
(4) Stabilizes each county's education funding base and cstablishes an incentive for each county
legislative body to be more interested in education matters; and
(5) Minimizes urban sprawl.
Llistory
Acts 998, ch. 1 10 1, $ 3.
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03/10/2020 Council Work Session Agenda-Page 12
6-58-104. Coordinating committee Recommended growth
plan Hearings Submission for ratification -
Rejection
-
and revision Final plan. - -
(a)
-
(1) Except as otherwise providcd pursuant to subdivision (a)(9), effective September 1, 1998,
there is created within each county a coordinating committee, which shall be composed
of the following members:
(A) fhe county mayor or the county mayor's designee, to be confirmed by the county
legislative body; provided, that a member of the county legislative body may serve as
such designee subject to such confirmation;
(B) The mayor of each municipality or the mayor's designee, to be confirmed by the
municipal governing body;
(C) One (1) member appointed by the governing board of the municipally owned utility
system serving the largest number of customers in the county;
(D) One (1) member appointed by the governing board of the utility system, not
municipally owned, serving the largest number of customers in the county;
(E) One (1) member appointed by the board of directors of the county's soil conservation
district, who shall represent agricultural interests;
(F) One (1) member appointed by the board of the local education agency having the
largest student enrollment in the county;
(G) One (l) member appointed by the largest chamber of commerce, to be appointed
after consultation with any other chamber of commerce within the county; and
(H) Two (2) members appointed by the county mayor and two (2) members appointed by
the mayor of the largest municipality, to assurc broad representation of environmental,
construction and homeowner interests.
(2) [t is the duty of the coordinating committee to develop a recommended growth plan not
later than January l, 2000, and to submit such plan for ratification by the county
legislative body and the governing body of each municipality. The recommended growth
plan shall identify urban growth boundaries for each municipality within the county and
shall identify planned growth areas and rural areas within the county, all in conformance
with {i 6-58-106. In developing a recommended growth plan, the coordinating committee
shall give due consideration to such urban growth boundaries as may be timely proposed
and submitted to the coordinating committee by each municipal governing body. The
coordinating committee shall also give due consideration to such planned growth areas
and rural areas as may be timely proposed and submitted to the coordinating committee
by the county legislative body. The coordinating committee is encouraged to utilize
planning resources that are available within the county, including munioipal or county
planning commissions. The coordinating committee is further encouraged to utilize the
services of the county technical assistance service, and the municipal technical advisory
service.
(3) Prior to finalization of the recommended growth plan, the coordinating committee shall
conduct at least two (2) public hearings. The county shall give at least fifteen (15) days
advance notice of the time, place and purpose of each public hearing by notice published
in a newspaper of general circulation throughout the c<lunty.
03/10/2020 Council Work Session Agenda-Page 13
(4) Not later than January 1,2000, the coordinating committee shall submit its recommended
growth plan for ratification by the county legislative body and by the governing body of
each municipality within the county; provided, that, notwithstanding this chapter to the
contrary, if a municipality is completely contiguous to and surrounded by one (1) or more
municipalities, then the corporate limits of the surrounded municipality shall constitute
the municipality's urban growth boundaries and such municipality shall not be eligible to
ratify or reject the recommended growth plan. Not later than one hundred twenty (120)
days after receiving the recommended growth plan, the county legislative body or
municipal goveming body, as the case may be, shall act to either ratify or reject the
recommended growth plan of the coordinating committee. Failure by such county
legislative body or any such municipal goveming body to act within such one hundred
twenty-day period shall be deemed to constitute ratification by such county or
municipality of the recommended growth plan.
(5) If the county or any municipality therein rejects the recommendation of the coordinating
committee, then the county or municipality shall submit its objections, and the reasons
therefbr, for resolution in accordance with subsection (b). In resolving disputes arising
from disagreements over which urban growth boundary should contain specific teritory,
due consideration shall be given if one of the municipalities is better able to efficiently
and effectively provide urban services within the disputed territory. Due consideration
shall also be given if one of the municipalities detrimentally relied upon priority status
conferred under prior annexation law and, thereby, justifiably incurred significant
expense in preparation for annexation of the disputed tenitory.
(6)
(A) A municipality may make binding agreements with other municipalities and with
counties to refrain from exercising any power or privilege granted to the municipality by
this title, to any degree contained in the agreement including, but not limited to, the
authority to annex.
(B) A county may make binding agresments with municipalities to refrain from
exercising any power or privilege granted to the county by title 5, to any degree contained
in the agreement including, but not limited to, the authority to receive annexation date
revenue.
(C) Any agreement made pursuant to this subdivision (a)(6) need not have a set term, but
after the agreement has been in effect for five (5) years, any party upon giving ninety (90)
days written notice to the other parties is entitled to a renegotiation or termination of the
agreement.
(7)
(A) Notwithstanding this chapter or any other law to the contrary, any annexation reserve
agreement or any agreement of any kind either between municipalities or between
municipalities and counties setting out areas reserved for future municipal annexation and
in effect on May 19, 1998, are ratified and remain binding and in full force and effect.
Any such agreement may be amended from time to time by mutual agreement of the
parties. Any such agreement or amendment may not be construed to abrogate the
application of any provision of this chapter to the area annexed pursuant to the agreement
or amendment.
(B) In any county with a charter form of government, the annexation reserve
agreements in effect on January 1, 1998, are deemed to satisfu the requirement of
03/10/2020 Council Work Session Agenda-Page 14
a growth plan. The county shall file a plan based on such agreements with the
committee.
(8) No provision of this chapter shall prohibit written contracts between municipalities
and property owners relative to thc exercise of a municipality's rights of annexation or
operate to invalidate an annexation ordinance done pursuant to a written contract between
a municipality and a property owner in existence on May 19, 1998.
(e)
(A) Instead of the coordinating committee created under subdivision (aXl), in any
county in which the largest municipality comprises at least sixty percent (60%) of the
population of the entire county and on May 19, 1998, there is no other municipality in
the county with a population in excess of one thousand (1,000), according to the 1990
federal census or any subsequent federal census, the coordinating committee in such
county shall be the municipal planning commission of the largest municipality and
the county planning commission, if the county has a planning commission. The
mayor of the largest municipality and the county mayor of such county may jointly
appoint as many additional members to the coordinating committee as they may
determine. Notwithstanding the provisions of this subsection (a) with respect to the
adoption or ratification of the recommended growth plan, in any county to which this
subdivision (aX9XA) applies, upon adoption of a recommended growth plan, the
coordinating committee shall submit its recommendation to the county legislative
body for ratification. The county legislative body may only disapprove the
recommendation of the coordinating committee if it makes an al'firmative finding, by
a two-thirds (%) vote, that the committee acted in an arbitrary or capricious manner or
abused its official discretion in applying the law. [f the county legislative body
disapproves the recommendation of the coordinating committee, then the dispute
resolution process of this section shall apply.
(B) Instead of the coordinating committee created pursuant to subdivision (a)(1), if
- ---the county legiSlafite bodtanil-the gotemingbndt ijf each muniCipalitf located
therein all agree that another entity shall perform the duties assigned by this chapter
to the coordinating committee, then such othcr entity shall perform such duties of the
coordinating committee, and such coordinating committee shall not be created or
continued, as the case may be.
(b)
(1) If the county or any municipality rejects the recommended growth plan, then the
coordinating committee shall reconsider its action. After such reconsideration, the
coordinating committee may recommend a revised growth plan and may submit such
revised growth plan fbr ratification by the county legislative body and the governing
body of each municipality. If a recommended growth plan or revised growth plan is
rejected, then the county or any municipality may declare the existence of an impasse and
may request the secretary of state to provide an alternative method for resolution of
disputes preventing ratif,rcation of a growth plan.
(2) Upon receiving such request, the secretary of state shall promptly appoint a dispute
resolution panel consisting of a minimum of one (1) member and a maximum of three (3)
members. The secretary of state shall havc the discretion to determine the size of the
panel. Each member of the panel shall be appointed from the ranks of the administrative
law judges employed within the administrative procedures division. Each membcr shall
03/10/2020 Council Work Session Agenda-Page 15
possess formal training in the methods and techniques of dispute resolution and
mediation. Panel members and their spouses and immediate family shall not be residents,
property owners, officials or employees of the county or any municipality within the
county.
(3) The panel shall attempt to mediate the unresolved disputes. If, after reasonable efforts,
mediation does not resolve the disputes, then the panel shall propose a non-binding
resolution. The county legislative body and the municipal governing bodies shall be
given a reasonable period in which to consider the proposed resolution. If the county
legislative body and the municipal goveming bodies do not accept and approve the
resolution, the secretary of state shall appoint a new panel of administrative law judges,
composed and selected in the same manner specified in subdivision (b)(2), for the
purpose of adopting a growth plan. The panel may initiate formal proceedings, if they are
necessary to obtain sufficient information for adopting a growth plan. These proceedings
shall be conducted subject to the open meetings provisions of title 8, chapter 44, but need
not be in compliance with the Uniform Administrative Procedures Act, compiled in title
4, chapter 5. The panel may consult with experts in urban planning, growth and
development, and may commission or contract for additional studies and reports on
population growth and projections, land utilization and needs, environmental impacts,
and the development and production of maps adequate for the use of the panel in
mediating a dispute or in adopting a growth plan. The costs associated with obtaining the
services of experts, the production of studies, reports, maps and other documents shall be
a reasonable and necessary cost associated with the panel's development of the growth
plan.
(4) The secretary ofstate shall certify the reasonable and necessary costs incurred by the
dispute resolution panel, including, but not neccssarily limited to, salaries, supplies, travel
expenses and staff support for the panel members. The county and the municipalities
shall reimburse the secretary of state for such costs, to be allocated on a pro rata basis
- Calculated-on-the nurnber of persons residing within each ofThe municipalities and the
-
number of persons residing within the unincorporated areas of the county; provided, that
if the dispute resolution pancl determines that the dispute resolution process was
necessitated or unduly prolonged by bad faith or frivolous actions on the part of the
county and/or any one (1) or more of the municipalities, then the sccretary of state may,
upon the recommendation of the panel, reallocate liability for such reimbursement in a
manner clearly punitive to such bad faith or frivolous actions.
(5) If a county or municipality fails to reimburse its allocated or reallocated share of
panel costs to the secretary ofstate after sixty (60) days notice ofsuch costs, the
department of finance and administration shall deduct such costs from such county's or a
municipality's allocation of state shared taxes.
(c)
(1)
(A) No later than July 1, 2001, the growth plan recommended or revised by the
coordinating committee and ratified by the county and each municipality therein or
alternatively adopted by a dispute resolution panel shall be submitted to and approved
by the local govemment planning advisory committee.
03/10/2020 Council Work Session Agenda-Page 16
(B) If urban growth boundaries, planned groMh areas and rural areas were
recommended or revised by a coordinating committee and ratified by the county and
each municipality therein;
'l'hen the local govemment planning advisory committee shall grant its approval, and
the growth plan shall become immediately effective.
(C) In addition, in any county with a charter form of government, the annexation
reserve agreements in effect on January 1, 1998, are deemed to satisfy the
requirement of a growth plan, and the local government planning advisory committee
shall approve such plan.
(D) In all other cases:
If the local govemment planning advisory committee determines that such urban
growth boundaries, planned growth areas and rural areas conform with the provisions
of$ 6-58-106;
then the local govemment planning advisory committee shall grant its approval and
the growth plan shall immediately become effective;
However, if the local government planning advisory committee determines that such
urban growth boundaries, planned growth areas and/or rural areas in any way do not
conform with the provisions of $ 6-58-106;
then the committee shall adopt and grant its approval of altemative urban growth
boundaries, planned growth areas and/or rural areas for the sole purpose of making
the adjustments necess ary to achieve conformance with the provisions of $ 6-5 8- I 06.
(E) Such alternative urban growth boundaries, planned growth areas and/ot rural
areas shall supersede and replace all conflicting urban growth boundaries, planned
growth areas and/or rural areas and shall immediately become effective as the growth
plan.
(2) After the local government planning advisory committee has approved a growth plan,
the committee shall forward a copy to the county mayor who shall file the plan in the
register's office. The register may not impose a fee on the county mayor for this service.
(d)
(1) After the local govemment planning advisory committee has approved the county's
initial growth plan, the plan shall stay in effect for not less than three (3) years absent a
showing of extraordinary circumstances. After the initial three-year period, a growth plan
may be amended as often as decmcd necessary by the county and cities. Any time after
the expiration of the initial three-year period, the mayor of any municipality in the county
or the county mayor or county executive may propose an amendment to the growth plan
by filing notice with the county mayor or county executive and with the mayor of each
municipality in the oounty. Upon receipt of such notice, the county mayor or county
executive shall take appropriate action to reconvene or reestablish the coordinating
committee within sixty (60) days of the receipt of the notice. Except as provided for in
this subdivision (d)(l), the procedures for amending the growth plan shall be the same as
the procedures in this section for establishing the original plan. The burden of proving the
reasonableness and necessity of the proposed amendment shall be upon the party
proposing the change. It is the duty of the coordinating committee to submit the proposed
amendment with its recommendation either fbr or against the amendment to the county
legislative body and to the goveming body of each municipality within the county for
their approval or disapproval within six (6) months of the date of the coordinating
03/10/2020 Council Work Session Agenda-Page 17
committee's first meeting on the proposed amendment. After the proposed amendment is
approved by the county legislative body and the governing body of each municipality and
by the local government planning advisory committee, the amendment shall become part
of the county's growth plan.
(2) In any county with a charter form of government with anncxation reserve agreements
in effect on January l, 1998, any municipality or the county may immediately file a
proposed amendment after May 19, 1998, in accordance with this subsection (d).
History
Acts 1998, ch. I l0l, $ 5;2003, ch. 90, $ 2;2005, ch.278, $$ l, 2; 2009, ch. 374, g l; 2010, ch. 1026, $ l;201 l,
ch. 509, $ 6;2012,ch. 863, $ l.
6-58-105. Judicial review of growth plan.
(a) The affected county, an affected municipality, a resident of such county or an owner of real
property located within such county is entitled to judicial review under this section, which
shall be the exclusive method for judicial review of the growth plan and its urban growth
boundaries, planned growth areas and rural areas. Procecdings for review shall be instituted
by filing a petition for review in the chancery court of the affected county. Such petition shall
be filed during the sixty-day period after final approval of such urban growth boundaries,
planned growth areas and rural ateas by the local government planning advisory committee.
In accordance with the provisions of the Tennessee rules of civil procedure pertaining to
service of process, copies of the petition shall be served upon the local government planning
advisory committee, the county and each municipality located or proposing to be located
within the county.
(b) Judicial review shall be de novo and shall be conducted by the chancery court without a jury.
Thc petitioner sha[ ,have the burden of proving, by a preponderance of the evidence, that the
urban groMh boundarics, planned growth areas and/or rural areas are invalid because the
adoption or approval thereof was granted in an arbitrary, capricious, illegal or other manner
characterized by abuse of official discretion. The filing of the petition for review does not
itself stay effectiveness of the urban growth boundaries, planned growth areas and rural
areas; provided, that the court may order a stay upon appropriate terms if it is shown to the
satisfaction of the court that any party or the public at large is likely to suffer significant
injury if such stay is not granted. If more than one (l) suit is filed within the county, then all
such suits shall bc consolidated and tried as a single civil action.
(c) Ifthe court finds by a preponderance ofthe evidence that the urban growth boundaries,
planned growth areas and/or rr.ral areas are invalid because the adoption or approval thereof
was granted in an arbitrary, capricious, illegal or other manner characterized by abuse of
official discretion;
then an order shall be issued vacating the same, in whole or in part, and remanding the same
to the county and the municipalities in order to identify and obtain adoption or approval of
urban growth boundaries, planned growth areas and/or rural areas in conformance with the
procedures set forth within $ 6-58-104.
(d) Any party to the suit, aggrieved by the ruling of the chancery court, may obtain a review of
the final judgrnent of the chancery court by appeal to the court of appeals.
03/10/2020 Council Work Session Agenda-Page 18
Histoly
Acts 1998, ch. I l0l, $ 6
6-58-106. Urban growth boundaries Proposal Hearing
Rural areas. - - -
(a)
(1) The urban growth boundaries ol'a municipality shall:
(A) Identify territory that is reasonably compact yet sufficiently lalge to accommodate
residential and nonresidential growth projected to occur during the next twenty (20)
years;
(Ii) Identify territory that is contignours to the existing boundaries of the municipality;
(C) Identily territory that a reasonable and prudent person would project as the likely site
of high density commcrcial, industrial and/or residential growth over the next twenty (20)
years based on historical experience, economic trends, population growth patterns and
topographical characteristics; if availablc, prof'essional planning, engincering or
eoonomic studies, or any of these studies, may also be considered;
(D) Identify territory in which the municipality is better able and prepared than other
municipalities to efficiently and effectively provide urban services; and
(E) Reflect the municipality's duty b facilitate full development olresources within the
current boundaries of the municipality and to manago and control urban expansion
outside of such current boundaries, taking into account the impact to agricultural lands,
forests, recreational areas and wildlife management areas.
(2) Before formally proposing urban growth boundaries to the coordinating committee, the
municipality shall develop and report population growth pro.jections; such projections
shall be devcloped in coniunction lvith thc University of I'errnessee- fhe rnunicipality
shall also dctermine and rcport the current costs and the projected costs of core
infrastructnre, urban services and public facilities necessary to facilitate full development
of resources within the current boundaries of the municipality and to expand such
infrastructure, services and tacilities throughout the territory under consideration for
inclusion within the urban growth boundaries. The municipality shall also determine and
report on the need firr additional land suitable for high density, industrial, oommeroial
and residential development, after taking into account all areas within the municipality's
current boundaries that can be used, reused or redeveloped to meet such needs. The
municipality shall exanrinc and rcport on agricultural lands, forests, recreational areas
and wildlif'e management areas within the tenitory under consideration for inclusion
within the urban growh boundaries and shall examine and report on the likely long-term
effects ofurban expansion on such agricultural lands, forests, recreational areas and
wildlife management areas.
(3) Befbre a municipal legislative body may propose urban growth boundaries to the
coordinating committee, the municipality shall conduct at least two (2) public hearings.
Notir:e of the timc, placc and purpose of the public hearing shall be published in a
newspaper of general circulation in the municipality not less than fifteen (15) days before
the hearing.
03/10/2020 Council Work Session Agenda-Page 19
(b)
(1) Each planned growth arca of a county shall:
(A) Identify territory that is reasonably compaot yet sufficiently large to accommodate
residential and nonresidential growth projected to occur during the next twenty (20)
years;
(B) Identify territory that is not within the existing boundaries of any municipality;
(C) Identify territory that a reasonable and prudent person would project as the likely site
of high or moderate density commercial, industrial and/or residential growth over the
next twenty (20) years based on historical experience, economic trends, population
growth patterns and topographical characteristics; (if available, professional planning,
engineering and/or economic studies may also be considered);
(D) Identify territory that is not contained within urban growth boundaries; and
(E) Reflect the county's duty to manage natural resources and to manage and control
urban growth, taking into account the impact to agricultural lands, forests, recreational
areas and wildlife management areas.
(2) Before formally proposing any planned growth arcato the coordinating committee, the
county shall develop and report population growth projections; such projections shall be
developed in conjunction with the University of Tennessee. The county shall also
determine and report the projected costs of providing urban type core infrastructure,
urban services and public facilities throughout the territory under consideration for
inclusion within the planned groWh area as well as the feasibility of recouping such costs
by imposition of fees or taxes within the planned growth area. The county shall also
determine and report on the need for additional land suitable for high density industrial,
commercial and residential development after taking into account all areas within the
current boundaries of municipalities that can be used, reused or redeveloped to meet such
needs. The county shall also determine and report on the likelihood that the territory
under consideration for inclusion within the planned growth area will eventually
incorporate as a new municipality or be annexed. The county shall also examine and
report on agricultural lands, forests, recreational areas and wildlife management areas
within the territory under consideration for inclusion within the planned growth area and
shall examine and report on the likely long-term effects of urban expansion on such
agricultural lands, forests, recreational areas and wildlife management areas.
(3) Before a county legislative body may propose planned growth areas to the coordinating
committee, the county shall conduct at least two (2) public hearings. Notice of the time,
place and purpose of the public hearing shall be published in a newspaper of general
circulation in the county not less than fifteen (15) days before the hearing.
(c)
(1) Each rural area shall:
(A) Identifu territory that is not within urban growth boundaries;
(B) Identify teritory that is not within a planned growth area;
(C) Identify territory that, over the next twenty (20) years, is to be preserved as
agricultural lands, forestso recreational areas, wildlife management areas or for uses other
than high density commercial, industrial or residential development; and
(D) Reflect the county's duty to manage growth and natural resources in a manner that
reasonably minimizes detrimental impact to agricultural lands, forests, recreational areas
and wildlifb management areas.
03/10/2020 Council Work Session Agenda-Page 20
(2) Before a county legislative body may propose rural areas to the coordinating committec,
the county shall conduct at least two (2) public hearings. Notice of the time, place and
purpose of the public hearing shall be published in a newspaper of general circulation in the
county not less than fifteen (15) days bcforc the hearing.
(d) Notwithstanding the extraterritorial planning jurisdiction authorized for municipal planning
commissions designated as regional planning commissions in title 13, chapter 3, nothing in
this chapter shall be construed to authorize municipal planning commission jurisdiction
beyond an urban growth boundary; provided, that in a county without county zoning, a
municipality may provide extraterritorial zoning and subdivision regulation beyond its
corporate limits with the approval of the county legislative body.
6-58-118. lJrban growth boundaries Expansion without
-
reconvening coordinating committee or approval from county.
A municipality may expand its urban growth boundaries to annex alract of land without
reconvening the coordinating committee or approval from the county or any other municipality
if:
(1) The tract is contiguous to a tract of land that has the same owner and has already been
annexed by the municipality;
(2) l'he tract is bcing provided water and sewer services; and
(3) The owner of the tract, by notarized petition, consents to being included within the urban
growth boundaries of the municipality.
History
Acts 20_14, 9lr. 7o7, $ 6.
03/10/2020 Council Work Session Agenda-Page 21
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03/10/2020 Council Work Session Agenda-Page 22
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03/10/2020 Council Work Session Agenda-Page 23
Gallatin, TN
Proposed Urban Growth Boundary
Exhibit "A"
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03/10/2020 Council Work Session Agenda-Page 24
Gallatin, TN
Proposed Urban Growth Boundary
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03/10/2020 Council Work Session Agenda-Page 25
UGB Addition Legend
03/10/2020 Council Work Session Agenda-Page 26
Urban Growth Boundary Changes Sequence
L. De-annex portion of property north of CSX Railroad
on the west side of the City near Shutes Lane and at
Rogers Group Quarry -Approximately 36.7I acres
2. Complete study of Urban Growth Boundary and
areas needed to accommodate urban growth (City
services such as water, sewer, gas, fire, police, etc.)
in the next 20 years
3. Conduct two public hearings on the proposed
changes (T.C.A. Sec. 6-58-106 (aX3))
4. Transmit the proposed UGB changes (possibly a
resolution) to the Countywide Coordinating
Committee
5. County Coordinating Committee conducts two public
hearings (T.C.A 6-s8-L04 (aX3))
6. Coordination Committee then agrees to a revised
UGB plan and send the revised plan back to the
County legislative body and to the Cities for
ratification within L20 days.
7. Growth Plan is then sent to the Local Government
Planning Advisory Committee (State) who shall
approve the plan (T.C.A. 6-58-10a (c). The plan is
then sent to the County Mayor and filed in the
register's office.
03/10/2020 Council Work Session Agenda-Page 27
CITY OF GALLATIN
COUNCIL COMMITTEE AGENDA
March 10,2020
DEPARTMENT: Engineering AGENDA # 2
SUBJECT:
Resolution Accepting Public lmprovements for Cairo Estates, Phase 3
SUMMARY:
The Planning Commission approved the GMRPC Resolution on February 25,2020, to accept the
public improvements for Cairo Estates, Phase 3.
RECOMMENDATION:
ATTACHMENT:
Correspondence Bid Tabulation
Ordinance Contract Other
Approved
Rejected
Deferred
Notes:
03/10/2020 Council Work Session Agenda-Page 28
RESOLUTION NO. R2g03.fi
RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS BY THE CITY OF
GALLATIN, TENNESSEE, CAIRO ESTATES, PHASE 3
WHEREAS, THE CITY OF GALLATIN PLANNING COMMISSION haS
recommended acceptance by the City of Gallatin of the public improvements in the
development hereinafter named Cairo Estates, Phase 3; and
WHEREAS, THE CITY OF GALLATIN ENGINEERING DIVISION heTeby
certifies that the public drainage infrastructure, rights-of-way, and public easements in
Cairo Estates, Phase 3 have been satisfactorily completed and have been installed in
accordance with the approved plans and specifications and that there has been full
compliance with the City of Gallatin Subdivision Regulations; and
WHEREASO THE CITY OF GALLATTN PUBLIC UTILITIES DEPARTMENT
hereby certifies that the public utility improvements in the development described hereafter
have been satisfactorily completed and have been installed in accordance with the approved
plans and specifications and that there has been full compliance with the City of Gallatin
Subdivision Regulations and City of Gallatin Municipal Code.
NOW THEREFORE BE IT RESOLVED BY THE CITY OF GALLATIN,
TENNESSEE, pursuant to Chapter 3, Section 3-105, et seq. of the Subdivision
Regulations of Gallatin, Tennessee, that the public drainage infrastructure, rights-of way,
public easements, and public utility improvements, as described in Cairo Estates, Phase 3,
Plat Book 30, Page(s) 186, recorded on September 28,2017 in the Register's Office for
Sumner County, are hereby accepted by the City of Gallatin, Tennessee.
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
ATTEST: APPROVED AS TO FORM
CONNIE KITTRELL SUSAN HIGH-MCAULEY
CITY RECORDER CITY ATTORNEY
03/10/2020 Council Work Session Agenda-Page 29
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03/10/2020 Council Work Session Agenda-Page 30
- PIat Book 29 Page 95
CITY OF GALLATIN
COUNCIL COMMITTEE AGENDA
March 10,2020
DEPARTMENT: Finance AGENDA # 3
SUBJECT:
monthly financial reports
SUMMARY:
Financial reports for November - January will be distributed at the meeting
RECOMMENDATION:
Acceptance
ATTACHMENT:
Resolution Correspondence Bid Tabulation
Ordinance Contract Other
Approved
Rejected
Deferred
Notes:
03/10/2020 Council Work Session Agenda-Page 31
CITY OF GALLATIN
COUNCIL COMMITTEE AGENDA
031t012020
DEPARTMENT: Financc AGENDA # 4
SUBJECT:
Audit contract approval, Professional service over $ 10,000
SUMMARY:
The city advertised for audit proposals for the year ending June 30, 2020, The firm of Blankenship
CpA Group,PLLChas been selected for atrdit services. A copy of the State of TN audit contract
will be presented at the meeting
RECOMMENDATION:
approval
ATTACHMENT:
Resolution Correspondence Bid Tabulation
Ordinance Contract Other
Approved
Rejected
Deferred
Notes:
03/10/2020 Council Work Session Agenda-Page 32
CITY OF GALLATIN
COUNCIL COMMITTEE AGENDA
March 10,2020
DEPARTMENT: EDA AGENDA # 5
SUBJECT:
Resolution No. M003-18 Resolution Appointing Tim Hertel as Board Member of the Gallatin
Economic Development Agency Board
SUMMARY:
RECOMMENDATION:
ATTACHMENT:
Resolution Correspondence Bid Tabulation
Ordinance Contract Other
Approved
Rejected
Deferred
Notes:
03/10/2020 Council Work Session Agenda-Page 33
RESOLUTION NO: R2gA3-18
RESOLUTION APPOINTING TIM HERTEL AS BOARD MEMBER OF THE GALLATIN
ECONOMIC DEVELOPMENT AGENCY BOARD
WHEREAS, Ordinance 09903-024 created an Economic Development Agency for
the City of Gallatin, Tennessee; and
WHEREAS, Ordinance OA9l2-89 provided for five Board members to serve three
year terms, with staggered terms such that no more than two Board members' terms would
expire in the same calendar year; artd
WHEREAS, Dr. Sheila Parson currently seryes on the Board of the Economic
Development Agency with her term expiring in May, 2021;
WHEREAS, Dr. Parson resigned in Decembet,2019;
WHEREAS, the Board of the Economic Development Agency has recommended Tim
Hertel to replace Dr. Parson;
NOW THEREFORE BE IT RESOLVED that the City Council appoint Tim Hertel to
fill the remainder of Dr. Parson's term to expire on May 4,202L
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: APPROVED AS TO FORM:
CONNIE KITTRELL SUSAN HIGH- MCAULEY
CITY RECORDER CITY ATTORNEY
03/10/2020 Council Work Session Agenda-Page 34
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