City Council

CITY OF GATLATIN COUNCIL COMMITTEE MEETING July 27 ,2O2l 5:00 Pm Dr. J. Deotha Malone Council Chambers o Call to Order - Councilman Alexander o Roll Call: Alexander - Fann - Vice Mayor Fennell - George - Hayes- Love - Overton - Mayor Brown . Approval of Minutes: None Provided o Public Recognition o Mayor's Comments AGENDA L. Naming of the Roadway on Albert Gallatin/Track Extension Project (Nick Tuttle, City Engineer) Z. Ordinance No. 021.07-47 Appropriating $8,782.56 for Economic Development Agency Vehicle Lease (James Fenton, Executive Director of EDA) 3. Resolution No. R210g-52 Authorizing the City of Gallatin to Participate in the Public Entity Partners "safety Partners" Matching Grant Program (Susan High-McAuley, City Attorney) 4. Adoption of Ordinance No. 02107-45 for Mobile Food Vendors (Susan High-McAuley, City Attorney) 5. lnitial Discussion on proposed Sumner County Resource Authority Facility Expansion (Rachel Nichols, Finance Director & Richard Depriest, Public works superintendent) 6. Resolution No. R2108-53 Authorizing the Gallatin Parks and Recreation Department to Apply for the 2022 BlueCross Healthy place program Grant from the BlueCross BlueShield of Tennessee Foundation (David Brown, Parks & Recreation Director and Rachel Nichols, Finance Director) o Other Business o Department Head RePorts . Adjourn 07/23/21 Council Work Session Agenda-Page 1 07/23/21 Council Work Session Agenda-Page 2  CITY OF GALLATIN COUNCIL COMMITTEE AGENDA July 27,2021 DEPARTMENT: Engineering AGENDA # 1 SUBJECT: Naming of the roadway on the Albert Gallatin/Track Extension project SUMMARY: Nick spoke with Keith Douglass of Sumner County E-91 I and 4 options were discussed for the naming of the roadway. The options are ordered by preference of both E-91 I and the Engineering Division. Included in your packet, you will find a figure that show where segments A, B, & C are located. Option 1 would name all 3 segments of roadway (A,8, & C) as Albert Gallatin Avenue. Option 2 would name segment A as West Gallatin Avenue, segment B as North Water Avenue, and segment C as Albert Gallatin Avenue' Option 3 would name segment A as West Albert Gallatin Avenue, segment B as North Water Avenue and segment C as Albert Gallatin Avenue. Option 4 would name segment A and C as Albert Gallatin Avenue and segment B as North Water Avenue. RECOMMENDATION: ATTACHMENT: Correspondence Contract I- Bid Tabulation x_ Other Ordinance Approved Rejected Deferred Notes: 07/23/21 Council Work Session Agenda-Page 3 \J m 07/23/21 Council Work Session Agenda-Page 4  CITY OF GALLATIN COUNCIL COMMITTEE AGENDA July 27,2021 DEPARTMENT: Economic Development AGENDA # 2 SUBJECT: Ordinance O A7-47 Appropriating Funds for the EDA Vehicle Lease SUMMARY: This budget item was unintentionally left out of EDA's FY'22 budget request. It is the same amount as was inclued in the FY'21 budget. RECOMMENDATION: ATTACHMENT: olution Correspondence Bid Tabulation Ordinance Contract Other Approved Rejected Deferred Notes: 07/23/21 Council Work Session Agenda-Page 5  ORDINANCE NO. 02197.47 ORDINANCE APPROPRIATING $8,782.56 FOR ECONOMIC DEVELOPMENT AGENCY VEHICLE LEASE BE IT ORDAINED BY THE CITY OF GALLATIN, TENNESSEE, thAt thE SUM of $8,782.56 is hereby appropriated from the unassigned balance of the General Fund to the EDA Transportation Equipment, account I 1047100 -941, for the annual lease payment on the EDA vehicle; and, BE IT FURTHER ORDAINED BY THE CITY OF GALLATIN, TENNESSEE, that this Ordinance shall take effect upon passage, the public welfare requiring such. PASSED FIRST READING: PASSED SECOND READING: MAYOR PAIGE BROWN ATTEST: CONNIE KITTRELL CITY RECORDER APPROVED AS TO FORM SUSAN HIGH-MCAULEY CITY ATTORNEY 07/23/21 Council Work Session Agenda-Page 6  CITY OF GALLATIN COUNCIL COMMITTEE AGENDA JULY 27,2021 DEPARTMENT: City Attorney & Risk Management AGENDA # 3 SUBJECT: Authorizing the City to participate in the Public Entity Partners Safety Matching Grant Program. SUMMARY: Public Entity Partners offers a Safety Partners Matching Grant Program for members who have worker's compensation coverage. The objective of this grant is to assist members to purchase safety items and to reduce worker's compensation claims. The City of Gallatin is eligible for this grant due to the expenses already paid out by various departments. RECOMMENDATION: Approve the City to participate in this grant. ATTACHMENT: tion Correspondence Bid Tabulation Ordinance Contract Other Approved Rejected Deferred Notes: 07/23/21 Council Work Session Agenda-Page 7  RESOLUTION NO. R21AS-1Z RESOLUTION AUTHORIZING THE CITY OF GALLATIN TO PARTICIPATE IN THE PUBLIC ENTITY PARTNERS "SAFETY PARTNERS'' MATCHING GRANT PROGRAM WHEREAS, the safety and well being of the employees of the City of Gallatin is of the greatest importance; and WHEREAS, all efforts shall be made to provide a safe and hazard-free workplace for employees of the City of Gallatin; and WHEREAS, Public Entity Partners seeks to encourage the establishment of a safe workplace by offering a "safety Partners" Matching Grant Program; and WHEREAS, the City of Gallatin now seeks to participate in this important program NOW, THEREFORE, BE IT R"ESOLVED BY THE CITY OF GALLATIN, TENNESSEE, that the City of Gallatin is hereby authorized to participate in the "Safety Pattners" Matching Grant through Public Entity Partners and The City of Gallatin is authorized to provide all necessary documents for a matching sum in order to serve as a match for any monies provided by this grant. 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: CONNIE KITTRELL CITY RECORDER APPROVED AS TO FORM: SUSAN HIGH-MCAULEY CITY ATTORNEY 07/23/21 Council Work Session Agenda-Page 8  jAPUBLtc ENTITY IVPARTNERS 202'1,-2022 "Saf.ety Partners" Matching Grant Program Guidelines Public Entity Parbrers is pleased to announce the launch of its 24th series of the "safety Partners" Matching Grant Program for all members who have workers'compensation coverage. OBIECTIW: To help eligible members purchnse safety items ilesigned to reduce workers' compensation claims, Safefy reimbursable items include: Expenditures for employee safety devices, equipment and safety training, or employee education / ttainrngthat is necessary to control an employee safety hazard. Please read this information in its entirety before completing the application: 1) Public Entity Partners will reimburse up to 50 percent of the cost of the safety-related approved item(s) with a maximum reimbursement based on the Priority Classification matrix rating. 2) Matching grant funds must be used for employee safety related items. 3) Entity must be an existing member and must currently have workers' compensation coverage as of [l/2021. 4) Entity must be in good standing and in compliance with previous loss control recommendations. 1. 07/23/21 Council Work Session Agenda-Page 9  jAPUBLtc ENTITY IiVPARTNERS DEADLINE: Friday, August 20,2021' (close of business) GRANT NOTIFICATION DATE: Week of September8,202L ELIGIBILITY: Available ONLY to members with Workers'Compensation Coverage as of !u1y1,2021. Yourr expenditure may be made betweenJanuary l,202l and April1,2022. RUTES FOR PARTICIPATION 1. Applications must be submitted online. The application is DATE SENSITIVE and is subject to available funds. 2. A signed Resolution or Motion (by the appropriate official: mayor or chairman of the board) passed by the governing body of the city/agency MUST BE provided. For boards of local government agencies that do not pass resolutions, a Motion is attached and may be signed by the appropriate Executive. In addition, also available on our website, please find a " flJlable" Model Resolution/ Motion, for your convenience. NOTE: If your resolution/motion carurot be approved and signed when your application is ready, you may submit the application only. A calendar is located on the application page for you to select the future date of your signed resolution or motion. Since the application is date sensitive, it is NOT necessary to submit the application and resolution/motion together. Please note that your grant reimbursement check will not be sent to you until we have received this document. 3. Public Entity Partners will reimburse approved grants for one-half of the paid expenditures (50 percent), up to the maximum funding level for the participant's assigned classification. 4. I/ the Grant Committee approves your applicatiory you will be asked to submit proof of payment(s) for your safety-related purchased item(s) before we can process your grant check. Invoices alone will NOT be used as proof of payment. Please see Page 3 for mandatory checklist of items needed for Grant reimbursement. 2 07/23/21 Council Work Session Agenda-Page 10  PUBLIC ENTITY @ PARTNERS GRANT REIMBURSEMENT GHEGKLIST: {. "Notification of Approvalt' letter 2. Signed Resolution/Motion 3. Gover sheet listing description of items purchasedn quantities, and grand totat of all purchases. All receipts must follow in order of cover sheet. 4. Two proofs of payment which must include the following: A. CANGELLED check/bank statement OR credit card receipt/credit card statement B. Gopy of invoice OR purchase order (serving as the backup to the cancelled check or credit card receipt), $ubmitting invoices alone will not be accePted. Forward all receipts/documentation to: Tahtia Mitchell Grant & Scholarship Program Tm itch el l@P Epa rtn ers. org Fax: 6{5.371-9212 5. The deadline for us to receive your application and close this program is Friday, August 20,202'l' (close of business). Grant notifications will be distributed the week of September 8,2O2\. 6. Only ONE grant application may be approved for each town/city/agency during any given FISCAL YEAR. You may not "roll-over" an application from one fiscal year to another. Z. If approved for a grant, your proof of payment for expenditures must be received in this office by April 1, 2022, or your grant money WILL be awarded to the next "pending" member's application. pLEASE NOTE : The funding for this program is limited and is time-sensitive. It is important that you are diligent in filing for reimbursement. Members who continue to submit late reimbursement receipts may jeopardize their eligibility to receive a grant the following fiscal year. Please do not delalr and plan ahead to submit reimbursement items as soon as the ApProval Notification letter is received. J 07/23/21 Council Work Session Agenda-Page 11  jAPUBLtc ENTITY IIVPARTNERS GRANT CONSIDERATIONS: Consideration of grants will be based on a variety of issues, such as your entity's risk management practices, loss experience, and availability of funding and submission date. 1,. The primary consideration will be the amount of available funding for the fiscal year. 2. Priority will be given to risk exposures noted in the loss control site surveys/ recommendations and/ or loss trends, and a history of sound risk management practices. Grant funding will depend on the matrix rating (Priorily Classification) assigned to a member which assesses the workers' compensation earned premium contribution and loss experience for the previous year. This process allows all members that might have high losses, but who are in iompliance with sound risk management practices, to have equal consideration. Your earned premium from the previous year is available after Julv 5.2021, at which time you may call to inquire about your classification. 4 07/23/21 Council Work Session Agenda-Page 12  4APUBLtc ENTITY IVPARTNERS If you need to know about your classification or if you have additional questions, please contact: Tahtia Mitchell Grant & Scholarship Program Tmitchell@PEpartners. ore r-80u624-9698 Rating Classifications Funding Levels (based upon earned workers'comp premium for previous ye.u 2020-20211 Class I - Up to $4,000 Class II - Up to $3,000 Class III- Up to $2,000 Class IV - Up to $1,500 Class V - Up to $1,000 Class VI - Up to $500 Class VII - Up to $250 workers' compensation coverage classification Levels Class I - Contributed earned premium for the previous year $400,000 or more in the requested coverage area. Class II - Contributed earned premium for the previous year between $200,000 and $399,999 in the requested coverage area. Class III -Contributed earned premium for the previous year between $10O000 and $199,999 in the requested coverage area. Class IV -Contributed earned premium for the previous year between $25,000 and $9%999 in the requested coverage area. in the Class V - Contributed earned premium for the previous year between $1O000 and$24,999 requested coverage .uea. in the Class VI - Contributed earned premium for the previous year between $2,500 and $9,999 requested coverage area. Class VII - Contributed earned premium for the previous year less than $2'500 5 07/23/21 Council Work Session Agenda-Page 13 07/23/21 Council Work Session Agenda-Page 14  CITY OF GALLATIN COUNCIL COMMITTEE AGENDA JULY 27,2021 DEPARTMENT: City Attorney (with comments from AGENDA # 4 Codes, Planning & EDA) SUBJECT: Adoption of Mobile Food Vendor (Food Truck) Ordinance SUMMARY: Revisions have been made to the Ordinance that was presented at the July 13,2021 work session. RECOMMENDATION: ATTACHMENT: tion Correspondence Bid Tabulation Ordinance Contract Other Approved Rejected Deferred Notes: 07/23/21 Council Work Session Agenda-Page 15  ORDINANCE NO. O2IA7-45 AN ORDINANCE OF THE CITY OF GALLATIN, TENNESSEE, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF GALLATIN BE AMENDED BY ADDING A NEW ARTICLE TO CHAPTER 11 THEREIN, PROVIDING FOR THE REGULATION OF MOBILE FOOD VENDORS WHEREAS, the number of mobile food vendors in the Middle Tennessee area has grown significantly, presenting both opportunities and challenges for local governments; and WHEREAS, the Gallatin Municipal Code does not currently address mobile food vending; and WHEREAS, it is appropriate to establish reasonable regulations to govern mobile food vending in the City of Gallatin, in an effort to provide reasonable opportunities for mobile food vendors to operate within the City; and WHEREAS, the City further finds that such regulations are needed in order to protect the public health, safety and welfare. NOW, THEREFOREO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALLATIN, TENNESSEE, AS FOLLOWS: SECTION l: That Chapter I 1 of the Code of Ordinances of the City of Gallatin is hereby amended by adding a new article, to be designated as Article VIII and to read as follows: ARTICLE IX. MOBILE FOOD VENDORS Sec. 11-271 - PurPose. The City finds that allowing mobile food vendors to operate, subject to practical regulations and limitations, is beneficial to persons living and working within the City. This article recognizes standards for the unique physical and operational characteristics of mobile food vending, establishes welfare of mobile iooi vending opeiations and promotes practices that serve the health, safety and the public. Sec. ll'272 - Definitions. The following words, terms, and phrases, when used in this article, shall have meanings a different meaning: ascribed to them in tliis section, except where the context clearly indicates 07/23/21 Council Work Session Agenda-Page 16  Ediblefood products'. those products that are ready for immediate consumption, including pre- packaged food and food cooked, prepared or assembled on-site. The term "edible food products" does not include fresh produce unless the produce has been packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared for consumption. Food truck: a vehicle from which edible food products are cooked, prepared or assembled with the intent to sell such items to the general public, which specifically excludes private events not open to the general public. Provided further that food trucks may also sell other edible food products and beverages that have been prepared or assembled elsewhere. Food truckrally: acoordinated and advertised gathering of more than two mobile food service vehicles in one location on a date certain with the intent to serve the public. Food truck rally permit: a permit issued by the City for a food truck rally. Ice cream truck: a vehicle from which the operator sells only pre-packaged frozen dairy or water based food products and pre-packaged non-alcoholic beverages. For purposes of this article, a non-motorized cartfrom which such products are sold shall be considered an ice cream truck. Location: any single property parcel or any combination of contiguous parcels that are owned or controlled by a single entity or affiliated entities. Mobile food vendor or mobile food service vehicle: a food truck or ice cream truck and includes a portable unit that is attached to a motorized vehicle and intended for use in the operation of a food tiuck or ice cream truck. Mobile food vendor and mobile food service vehicle are used interchangeably throughout this Article. Mobile food vendor permit; a permit issued by the City for the operation of a mobile food service vehicle. Operate; to sell food, beverages, and other permiffed items from a mobile food service vehicle and includes alltenses of the word. Operator;any person operating or permitted to operate a mobile food service vehicle. permit administrator: the City's planning director or a person designated by the planning food director to oversee the issuance, suspension and revocation of mobile food vendor permits and truck rally permits. or drawn Vehicle: every device in, upon or by which any person or property may be transported upon a street, including devices moved by human power' Sec. 11-273 - GenerallY. (a) It is a violation to operate a mobile food service vehicle at any location except in compliance with the requirements of this article' 2 07/23/21 Council Work Session Agenda-Page 17  (b) Mobile food service vehicle operators must comply with all federal, state and local licensing and permitting regulations and all business tax, sales tax and other tax requirements. (c) Mobile food vendors are not transient vendors as defined in Chapter 1 l, Article V, Section ll-134 of the Municipal Code, and as such mobile food vendors shall be regulated by Chapter I 1, Article VIII of the Municipal Code. Sec. ll-274 - Locations and hours of operation. (a) Food trucks. (l) Right-of-way/public property. Food trucks may not operate within the public right-of-way or on any City property except as may be specifically allowed by the City. When allowed inthe public right-of-way, a food truck must be positioned so as to comply with the requirements of l6-nl$) herein. Operation of food trucks within City parks shall be subject to rules and regulations of City parks. Food trucks may not operate on property owned by a public entity other than the City unless specifically allowed by such public entity. No unattended food truck shall be left at any time in the right-of-way or parked on any public property overnight. (2) Private property. A food truck with a current mobile food vendor permit may operate on private property if allowed as a permitted use under the Gallatin ZoningOrdinance, subject to the following conditions: a. Permission Food trucks selling to the public from private property shall have the written permission of the property owner, which shall be made available to the City immediately upon request. b. Unimproved properties. Regardless of any agreement with the owner of the property, a food truck may not operate on an unimproved parcel. For purposes of this section, a parcel is considered "improved" if it contains a tuiiaing that may be occupied pursuant to the applicable building codes. c. Maximum number of food trucl<s. No more than two food trucks may operate at any location unless a food truck rally permit has been issued. d. Placement on lot. Food truck operations, including any canopies, signage, equipment and seating areas, may not occupy more than four parking rpu.ir per food truck. Food trucks shall not block fire lanes, designated traffic lanes or ingress or egress to or from a building or street. (3) Hours of operation. Food trucks may operate beginning at7:00am and ending property at 9:00pm unless otherwise restiicted by operator's mobile food vendor permit or by the owner. The City may permit extended hours of operation for a food truck rally. (b) Ice cleam trucks. -t 07/23/21 Council Work Session Agenda-Page 18  (l) Right-of-way/public property. An ice cream truck with a curuent mobile food vendor permit may operate from the right-of-way at any one location for no more than 15 minutes before relocating to another location not less than one-quarter mile from the previous location. When operating in the public right-of-way, an ice cream truck must be positioned so as to comply with the requirements of section ll-275(b) herein. Ice cream trucks may not operate on any property owned by the City or any another public entity, except as may be specifically allowed by the City or other public entity. No unattended ice cream truck shall be left at any time in the right-of-way or parked on any other public property overnight. (2) Private property. An ice cream truck with a current mobile food vendor permit may operate on private property if allowed as apermitted use underthe Gallatin Zoning Ordinance, subject to the following conditions: a. Permission. Ice cream trucks operating on private property shall have the written permission of the property owner, which shall be made available to the City immediately upon request. b. (Inimproved properties. Regardless of any agreement with the owner of the property, an ice cream truck may not operate on an unimproved parcel. For purposes of this section, a parcel is considered "improved" if it contains a building that may be occupied pursuant to applicable building codes' c. Placement of lots. Ice cream trucks may shall not block fire lanes, designated traffic lanes or ingress and egress to and from a building or street. (3) Hours of operation. Ice cream trucks may operate beginning at l0:00 am and ending at sunset unless otherwise restricted by the operator's mobile food vendor permit' Sec. 11-275 - Operating requirements. (a) Vehicle requirements' (l) Design and construction. Mobile food service vehicles must be specifically designed and constructed for the purpose ofpreparation and sale ofthe type offood being sold and may-not operate in any manner that is not compatible with the purpose for which the vehicle has been designed and constructed. (2) Licensing. Mobile food service vehicles must be licensed and equipped in jurisdiction accordance with the rules and regulations of all local, state, and federal agencies having vehicles must comply over such vehicles. The preparation and sale of food from mobile food service with all applicable local, state and federal laws. (b) Right-of-waY. (l) Mobile food service vehicles other than ice cream trucks may not operate, stop, stand or park in any area of the right-of-wa y that is intended for use by vehicular travel, except in the event of a street closure for a special event. Mobile food service vehicles, including ice cream trucks, Chapter 16, Articles II may not operate, stop, stand oi park in any way that violates the provisions of 4 07/23/21 Council Work Session Agenda-Page 19 and VI (Traffic and Vehicles) of this Code, impedes the flow of traffic, interferes with the ingress or egress to or from any property or presents an unsafe condition for patrons, pedestrians or other vehicles. (2) Mobile food service vehicles shall park facing the same direction as traffic, at a distance of no more than l8 inches between the curb face or edge of pavement and with the service window of the vehicle facing the curb or edge of pavement. (3) When mobile food vendors are allowed to operate in the public right-of-way, no seating area shall be provided, except as permitted in conjunction with a street closure for a special event. (c) Business qccess, No mobile food service vehicle may operate in a location that: (l) Impedes the ingress to or egress from another business or otherwise causes undue interference with access to another business; or (2) Blocks the lawfully placed signage of another business; or (3) Prevents access to another business by emergency vehicles. (d) Pedestrians. If on or adjacent to a sidewalk, the components of a mobile food service vehicle's operations, including signage, seating areas and patron queue may not reduce the clear pedestrian iath of travel on the sidewalk to less than six feet wide. All awnings or canopies of the vehicle shall be at least seven feet above the sidewalk. (e) Distance between units. Amobile food service vehicle may not operate within ten feet of any other mobile food service vehicle. (f) Safety and fire prevention. All cooking, heating and electrical equipment and all cooking practices must comply with applicable safety regulations, including applicable fire and electric cbdes and any other safety requirements imposed by the City's Fire and Codes Department. No cooking or heating equipment may be used in an ice cream truck. All mobile food service vehicles must be wittr nre Lxtinguishers that are inspected annually and certified as meeting National "q-uipped Fire protection Association standards. No power cord, cable or equipment shall be extended across any public street, sidewalk or other public property' (g) Noise. No sounds/noises prohibited by Chapter 10, Article IV of this Code may be produced by a mobile food vendor or its vehicle's operations. (h) Support methods. No mobile food service vehicle may use stakes, rods, or any other pavement, curbs, method of support ?ttut must be drilled, driven or otherwise fixed into or onto asphalt, sidewalks or buildings. (i) Spilts. To prevent discharges into waterways, drainage systems or public sewer systems, each mobile food service vehicle shall comply with all storm water regulations of the city unO utt regulations regarding prohibited discharges to public sewers. In addition, each vehicle shall the vehicle' have a ,pi-il ."rpont" f lun to contain and remediate any discharge from 5 07/23/21 Council Work Session Agenda-Page 20  C) Waste collection. The area of the mobile food service vehicle operation must be kept neat and orderly at all times. Operators of a mobile food service vehicle shall be responsible for the cleanliness of the area surrounding the operations (not less than 50 feet from all parts of the vehicle) regardless of the occurrence or source of any waste in the area. During each period of operation at the location, the operator must provide proper trash receptacles for public use that are sufficient and suitable to contain all trash generated by the mobile food service vehicle operation. All trash receptacles must be emptied when full, and all waste must be removed prior to departure of a mobile food service vehicle from a location. (k) Pedestrian service. Mobile food service vehicles shall serve pedestrians only. Drive- through or drive-in-service is prohibited. (l) Signage. Signage for each mobile food vendor shall be limited to signs on the exterior or interior of the vehicle and one sandwich board sign. All signs on the exterior of the vehicle shall be secured and shall not project more than six inches from the vehicle. One sandwich board sign may be placed outside the mobile food service vehicle, provided thatthe base of the sandwich board sign board signs shall not exceed -urt b. placed five feet from the mobile food service vehicle. Sandwich Zoning Ordinance, and shall eight square feet per side or 4 feet in height, as set forth in the Gallatin not obstruct or impede pedestrian or vehicular traffic. (m) Alcohol sales. Mobile food service vehicles may not sell alcoholic beverages, except as may be specifically allowed by applicable state law and City ordinance. Ice cream trucks are prohibited from selling alcoholic beverages' (n) Insurance. (l) Mobile food service vehicles must maintain all motor vehicle insurance coverage required by applicable state and federal laws and regulations. (2) Mobile food service vehicles operating on City property other than the right- of-way shall, atalltimes, maintain such further insurance coverage as required by this Code or other City rlgulation. In the event the required coverage is not maintained, permission to operate on City property will be immediately revoked. (o) Indemnification. The owner and operator of any mobile food service vehicle/mobile food vendor operating on any City property or in a City park shall defend, indemnify and hold from and any and all harmless the iity of ballatin and ali its departments and employees against coutt costs claims, liabilitieq loss, damages, costs and expenses, including reasonable attomey fees, and other expenses of iitigation or administrative proceedings, for personal injury, damage to real or property for operation of mobile food tangible property arising Jut of the operator's use of the City's a property or ,".iir" vehicle.- The owner/operator of a mobile food service vehicle operating on City in a City park shall provide proof of liability insurance coverage naming the City of Gallatin as an liability The City must be additional named insured *ittt u minimum of $1,000,000 in coverage. notified within fifteen (15) business days if the liability coverage naming the City of Gallatin as an additional name insured is cancelled or terminated' (p) Restroomfacitity. Mobile food service vehicles operating at a location for a duration request by the City, that of more than three (3) hours must have a written agreement, available upon 6 07/23/21 Council Work Session Agenda-Page 21 permits employees to have access to a full-service restroom no more than 450 feet from the vending location during allthe hours of operation. (q) Exterior cooking equipment. Any food preparation equipment outside of the mobile food service vehicle shall not obstruct vehicular or pedestrian traffrc, and the use and operation of such equipment shall not create safety hazards for the public. Food shall not be served to customers directly from any outside food preparation equipment. Any smoker or other exterior equipment that generates heat shall be surrounded with at least three traffic safety cones or similar barricades. Sec,ll-276- Mobile food vendor permits. (a) Required. The designated permit administrator shall oversee the issuance, suspension and revocation of mobile food vendor permits. No mobile food service vehicle selling to the general public may operate within the City without a mobile food vendor permit issued by the City. A mobile iood vendor permit authorizes the holder only to engage in the vending of products from a mobile food service vehicle in compliance with this Code and as specified on the permit. The mobile food vendor permit must be prominently displayed when the mobile food service vehicle is in operation. This section shall not apply to contractual amangements between a mobile food vendor and any individual, group or entity for private events at a specific location for a period of not more than four hours, provided that the mobile food service vehicle is not open to or serving the general public. (b) Application. (l) In order to obtain a mobile food vendor permit, a mobile food service vehicle operator must complete an application form provided by the City. The application shall include the fol lowing information : a. Name and address of the owner of the vehicle. b. Name and address of the operator of the vehicle' c. Color photographs of the exterior (front, sides, and back) of the vehicle in its final condition and with all markings under which it will operate. d. A copy of the vehicle license and registration form reflecting the vehicle identification number (VIN) of the vehicle. e. A copy of the state or county health department license or permit applicable to mobile food providers. f. A copy of any alcoholic beverage licenses, if applicable. g. A copy ofthe operator's business license' h. A certificate of insurance coverage, including required motor vehicle insurance coverage. 7 07/23/21 Council Work Session Agenda-Page 22  i. A signed acknowledgement that the operator has read this article and will comply with all applicable requirements herein. j. Any additional information required by the permit administrator (2) Submittal of an application for a mobile food vendor permit must be accompanied by payment of an application fee in the amount of $100, provided for any mobile food vendor previously found to be operating within the City without a current permit, the application fee shall be $500. (3) Each mobile food vendor permit holder shall have an ongoing duty to provide the City with notice of any change to any of the information submitted with its permit application, including current photographs of the mobile food service vehicle in the event of any change in the appearance ofor signage on the vehicle. (c) Issuance. A mobile food vendor permit shall be issued upon verification that an application has been completed in accordance with the requirements of this section, except that no such permit will be issued to an operator whose permit is currently suspended or has been revoked within the preceding l2 months, or to any person who intends to operate the same mobile food service vehicle foi which the operator's permit is currently suspended or has been revoked within the preceding l2 months. If the permit administrator denies the application, such denial shall be in writing and provided to the applicant within 15 days of receipt of the application. (d) Expiration. All mobile food vendor permits shall expire one year from date of issuance. A mobile food vendor permit may be renewed for the next l2-month period, provided that all applicable requirements are met and the permit is not currently suspended or has not been revoked withln the preceding12 months. The fee for renewal shall be the same as the application fee for a new mobile food vendor permit. (e) Tranderabitity. A mobile food vendor permit may not be transferred except a part of the sale of a controliing interest in a business holding the permit or a sale of substantially all of the assets of a business hoiding the permit. The operator of the mobile food service vehicle shall notify the City within ten days of any such sale and shall update any information that has been changed since the submittal of the application for the mobile food vendor permit. (0 Temporary permit. If an operator of a mobile food service vehicle has not previously obtained a mobile food vendor permit and is found to be operating within the City, City staff may authorizethe operator to continui operating for not more than two hours, provided that the operations must comply with the location and hours of operation requirements set forth in section ll-274 herein' Thereaftei, ihe operator shall not operate a mobile food service vehicle within the City without first paying the requiied application fee and obtaining a mobile food vendor permit as required by this section. Sec. 11- 277-Food truck rally permits' (a) Appticability/approvaL All food truck rallies on public or private property require a rally food truck rally permit. The permit administrator shall oversee the issuance of food truck permits and the enforcement of food truck rally regulations and permit conditions. 8 07/23/21 Council Work Session Agenda-Page 23  (b) Application. (1) In order to obtain a food truck rally permit, the entity or organization hosting the food truck rally must complete an application from provided by the City. The application shall include the following information: a. Name and address of the owner of the entity or organization hosting the food truck rally. b. Name of person in charge of the food truck rally and a telephone number that may be used to contact such person during the food truck rally. c. Name and address of the owner of the property on which the food truck rally will be held, along with the property owner's written authorization. d. A site plan of the property on which the food truck rally will be held, showing proposed location of each food truck; location of any portable restroom facilities for customer use, if applicable; and location of any stages, tents, seating areas and any other facilities, structures or equipment to be used in coniunction with the food truck rally. e. Written description of the plans for the food truck rally, including parking locations, traffic controlplans and the anticipated hours of operation. f. A list of all mobile food service vehicles participating in the food truck rally, along with confirmation that each vehicle operator has obtained or will obtain a mobile food vendor permit from the City. (2) Submittal of an application for a food truck rally must be accompanied by payment of an application fee in the amount of $50. (3) An application for a food truck rally permit shall be filed with the permit administrator at least 30 days prior to the date on which the food truck rally is to be held. However, at the discretion of the permit administrator, taking into account the feasibility of processing and approving the application, an application may be accepted by the permit administrator less than 30 days prior to a food truck rallY. (c) Financial guarantees. (l) The City may establish requirements for the posting of a financial guarantee prior to issuance of a food truck rally permit to ensure that: a. The premises will be cleared of all debris during and after the food truck rally. b. Any damage to the public right-of-way resulting from the food truck rally is repaired. 9 07/23/21 Council Work Session Agenda-Page 24  (2) Financial guarantee requirements may be established by the permit administrator for food truck rallies. (3) Any financial guarantee required shall be returned to the applicant only after all costs for removal of debris or repairs to public right-of-way damage have been deducted. In the event the financial guarantee is not sufficient to cover such costs, the entity or organization hosting the food truck rally shall be responsible for paying all remaining costs. (d) Issuance/denial. An application for a food truck rally permit shall be approved if the application is complete, the food truck rally will comply with the standards set forth in this afticle, and appropriate measures will be in place to adequately protect the public health, safety and welfare. The decision to approve or deny a food truck rally permit shall be made by the permit administrator. If the permit administrator denies an application an application for a food truck rally permit, such denialihall be in writing and provided to the applicant within 15 days of receipt of application. The decision of the permit administrator to deny a food truck rally permit may be appealed to the City Council as set forth in this article. (e) Conditions of approval. (l) All food truck rally permits shall be subject to the following conditions a. All participating mobile food service vehicles must hold a valid mobile food vendor permit. b. All lighting and electrical equipment brought to the site shall be subject to applicable permitting and inspection requirements, including payment of applicable fees. c. All tents, stages and other temporary facilities shall be subject to safety inspections by the City before use. d. The location shall be cleared of all trash and debris at the end of the event and cleared of all temporary structures and restored to its previous condition within 48 hours after the event. e. Traffic control and pedestrian safety in the vicinity of the event shall be the responsibility of the permittee of the event. The City may require City personnel be employed to assist with traffic control and pedestrian safety' 'Costs anticipated by the City for these services shall be estimated by the City and paid at least ten days in advance by the permittee as a condition of the permit. Following the event, any overpayment shall be refunded to permittee, and underpayment shall be billed to the permittee. (Z) In order to protect the health, safety, and welfare of the general public, to laws mitigate the poiential impacts of the food truck rally, and to ensure compliance with applicable on the issuance of a food and iegulations, the City may impose additional conditions and restrictions truck ially permit. su"n .onaitions and restrictions may relate to, but are not limited to, hours of operation, layout, parking, security, and insurance requirements' l0 07/23/21 Council Work Session Agenda-Page 25 Sec. 11-278 - Enforcement. (a) Citation. Each of the following circumstances constitute a violation of this article, for which a citation may be issued by a codes enforcement officer or police officer of the City: (l)Operation of a mobile food service vehicle without a current, valid permit, provided further that each day and each separate location at which a mobile food service vehicle is operated without a current, valid permit shall be considered a separate violation. (2) Continuation of temporary mobile food service vehicle operations beyond the time period authorized by staff. (3) Holding a food truck rally without a permit or failing to comply with the conditions of approval for a food truck rally permit. (4) Failure to comply with any other provision of this article' (b) Responsibitityfor violations. The City codes enforcement officers and police officers may, attheir discretion in consideration of the situation, cite any of the individuals or entities listed below for any violation of the provisions of this article: (l) The operator of a mobile food service vehicle. (2) An employee working in or out of a mobile food service vehicle. (3) The owner of the property on which a mobile food service vehicle is operated. (4) The entity or organization hosting a food truck rally, or the person in charge of the food truck rally. (c) Suspension of permit. A mobile food vendor permit shall be suspended by the permit administrator if: (l) The applicant for the permit knowingly provided false information on the application. (2) Two violations of this article have occurred within a six month period in conjunction with the mobile food service vehicle for which the permit has been issued. (3) The operator of a mobile food service vehicle fails to maintain a current, valid vehicle registraiion, health department permit, business license or proof of required motor vehicle insurance coverage. (d) Revocation of permit. A mobile food vendor permit shall be revoked by the permit administrator: (l) Four violations of this article have occurred within a 12 month period. ll 07/23/21 Council Work Session Agenda-Page 26  (2) A mobile food service vehicle is operated in an unlawful manner so as to constitute a breach of the peace or otherwise threaten the health, safety or general welfare of the public. (e) Reinstatement. (l) An operator may reinstate a suspended mobile food vendor permit by taking such actions as may be necessary to correct a mobile food service vehicle's noncompliance and paying a reinstatement fee of $500 to offset the City's cost of enforcement measures, inspections and compliance verifi cations. (2) An operator whose mobile food vendor permit has been revoked may apply for a new permit after 12 months from the date of revocation, provided the operator has taken such actions as may be necessary to correct a mobile food service vehicle's noncompliance. The operator shall pay a permit reinstatement fee of $500 to offset the City's cost of enforcement measures, inspections and compliance verifi cations. (3) No permit will be issued to any person who intends to operate the same mobile food service vehicle for which the operator's permit is currently suspended or has been revoked within the preceding 12 months. (0 Notice. Notice of the suspension or revocation of a mobile food vendor permit shall be issued to the operator in writing by the permit administrator. Sec. 11-279- Appeals. (a) Filing. The denial, suspension or revocation of a mobile food vendor permit or the denial of a food truck rally permit by the permit administrator may be appealed by filing a written notice of appeal, establishing the grounds for the appeal, with the Mayor for City Council review. The Notice of Appeal shall be filed no later than ten business days following receipt of the notice of denial, suspension or revocation. (b) City Council review. When an appeal is filed with the Mayor for City Council review as set forth herein, the City Council may request such additional information from the operator and the permit administrator as may be deemed necessary. At the City Council's discretion, the appeal or a hearing may be -uy U" decided based on the written information and documentation submitted, schlduled with the operator and the permit administrator. The appeal shall be placed on the agenda of the next regularly ph"dul"d Council Committee meeting or Council meeting. The City Council's decision on1h. appeal shall be issued in writing, based on a written summation of the pertinent facts, and shall be finai. The City Council may reverse the denial, suspension or revocation of a permit, or may reduce the waiting period required for reinstatement of a revoked permit if it is determined that the operator has taken reasonable steps to mitigate the violations leading to the revocation and to prevent future violations. (c) Refunds. There shall be no refund of an application fee for a mobile food vendor permit or food iruck rally permit that has been denied. There shall be no refund of a reinstatement fee for a suspended o1" 1"ruok.d permit unless the City Council determines on appeal that the permit administrator acted in error in suspending or revoking the permit. 12 07/23/21 Council Work Session Agenda-Page 27 SECTION 2. In case of conflict between this ordinance or any part hereof, and the whole part of any existing ordinance of the City, the provision that establishes the higher standard shall prevail. SECTION 3. If any section, subsection, clause, provision or portion of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, subsection, clause, provision or portion of this ordinance. SECTION 4. This Ordinance shall take effect upon final passage, the public welfare requiring such. PASSED FIRST READING PASSED SECOND READING: MAYOR PAIGE BROWN ATTEST: CONNIE KITTRELL CITY RECORDER APPROVED AS TO FORM: SUSAN HIGH-MCAULEY CITY ATTORNEY t3 07/23/21 Council Work Session Agenda-Page 28  CITY OF GALLATIN COUNCIL COMMITTEE AGENDA JULY 13,2O2I DEPARTMENT: City Attorney (with comments from AGENDA # Codes, Planning & EDA) SUBJECT: Adoption of Mobile Food Vendor (Food Truck) Ordinance SUMMARY: Discussion regarding the attached DRAFT ordinance regulating food trucks. Food trucks have increased in popularity over the last few years. They add variety for our citizens who have come to expect food tiucks in our community. This draft ordinance has required much work, research and coLrdination by several departments including Codes, Planning, EDA, and Attorney's Office. These departments have met as a group and have met with several food truck owners prior to drafting this Ordinance. These departments are meetin g again Tuesday prior to the committee meeting, so additional revisions may be suggested at the meeting. The purpose of this Ordinance is to narrowly tailor legitimate health, safety and welfare concerns related to food trucks. Additional sections of the Zoningbrdinance and Municipal Code may need to be amended with the adoption of this Ordinance. RECOMMENDATION: ATTACHMENT: Resolution Correspondence Bid Tabulation Ordinance Contract Other Approved Rejected Deferred Notes: 07/23/21 Council Work Session Agenda-Page 29 07/23/21 Council Work Session Agenda-Page 30  CITY OF GALLATIN COUNCIL COMMITTEE AGENDA July 27,2021 DEPARTMENT: Finance/PublicWorks AGENDA # 5 SUBJECT Initial discussion on proposed Sumner County Resource Authority facility expansion SUMMARY: Initial discussion on proposed expansion. Additional action will be required after County Commission actions in August. RECOMMENDATION: discussion only at this time ATTACHMENT: tion Correspondence Bid Tabulation Ordinance Contract Other Approved Rejected Deferred Notes: 07/23/21 Council Work Session Agenda-Page 31 07/23/21 Council Work Session Agenda-Page 32  CITY OF GALLATIN COUNCIL COMMITTEE AGENDA 07/27/21 DEPARTMENT: Parks & Recreation/Finance AGENDA # ______________________________________________________________________________ SUBJECT: 2022 BlueCross Healthy Place Program Grant Application SUMMARY: The Parks and Recreation Department wishes to apply for the 2021-22 Blue Cross Healthy Place Program Grant offered by the BlueCross BlueShield of Tennessee Foundation. Application will be open August 1-31. The Grant application will cover the design and installation of a custom designed or pre-designed playground/fitness facility to be installed at Clearview Park. The city must: • Be the legal titleholder of the property with full approval to execute the project • Seek community input on project priorities before proposal submission (1st one completed 07/20/21 at the GHS Clearview Block Party) • Provide metes and bounds documentation and most recent land survey upon submission • Agree to exclusive BlueCross Healthy Place branding and naming rights. RECOMMENDATION: ATTACHMENT: _ _ Resolution _ _ Correspondence _ _ Bid Tabulation _ _ Ordinance _ _ Contract _ _ Other ________________________________________________________________________ Approved __ __ Rejected __ __ Deferred __ __ ________________________________________________________________________ Notes: 07/23/21 Council Work Session Agenda-Page 33  RESOLUTION NO. R21Ø8-53 RESOLUTION AUTHORIZING THE GALLATIN PARKS & RECREATION DEPARTMENT TO APPLY FOR THE 2022 BLUECROSS HEALTHY PLACE PROGRAM GRANT FROM THE BLUECROSS BLUESHIELD OF TENNESSEE FOUNDATION. WHEREAS, the Gallatin Parks and Recreation Department requests Council approval to apply for the 2022 BlueCross Healthy Place Grant opportunity to replace the playground amenities at Clearview Park, located at 723 Chambers St, Gallatin, TN 37066. WHEREAS, this grant provides four pre-designed packages to select from. Each design includes accessible elements and fitness features for visitors of all ages. WHEREAS, the Parks Department along with the Finance Department will get community input to apply for the layout that best meets the needs and desires of residents who will use it. WHEREAS, it is the desire of the Parks Department to improve all aspects of Clearview Park with this grant and the project build partner. WHEREAS, BlueCross BlueShield of Tennessee Foundation is collaborating with the GameTime Division of PlayCore, a leading national manufacturer of institutional playground and fitness equipment;site furnishings; shade and shelter structures; and other recreational products; and WHEREAS, PlayCore is a licensed (#50559) Tennessee and multi-state general contractor providing comprehensive “turnkey” BlueCross Healthy Place program services: design and engineering; equipment layout, factory-certified assembly and installation; play and fitness area drainage; impact- attenuating safety surfacing and synthetic turf; landscaping beds and plantings; seed and straw restoration of construction site; ancillary goods and services as appropriate; and work completion and inspection. NOW THEREFORE BE IT RESOLVED BY THE CITY OF GALLATIN, TENNESSEE, that the City Council hereby authorizes Gallatin Parks and Recreation Department to apply for the 2022 BlueCross Healthy Place Program Grant opportunity; and 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. 07/23/21 Council Work Session Agenda-Page 34 PRESENT AND VOTING AYE: NAY: DATED: MAYOR PAIGE BROWN ATTEST: CONNIE KITTRELL CITY RECORDER APPROVED AS TO FORM: SUSAN HIGH-MCAULEY CITY ATTORNEY 07/23/21 Council Work Session Agenda-Page 35 07/23/21 Council Work Session Agenda-Page 36