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Town of Nolensville
Board of Mayor and Aldermen Meeting
Date: January 4, 2018 Time 7:00 p.m.
Nolensville Town Hall, 7218 Nolensville Road
Mayor Jimmy Alexander opened the meeting at 7:00 p.m. Board members present: Mayor Alexander, Aldermen Tommy Dugger, Larry Felts, Jason Patrick, and Brian Snyder. Staff present: Administrator Ken McLawhon, Counsel Robert Notestine, Town Engineer Don Swartz, Town Planner Sarah Sitterle, and Recorder Kali Mogul. There were 23 citizens present.
Alderman Tommy Dugger said the prayer and led the Pledge of Allegiance.
Ms. Kelley Crummitt of 400 Ramblewood Lane stated that she appreciated the thoughtfulness of the Board of Mayor and Aldermen when considering changes to the Municipal Code.
Mr. Rick Owens of 313 Baronswood Drive said he is in favor of Air BnB and would like the Board to take a hard look at the ordinance on the agenda. He gave a summary of his thoughts on the subject and requested a workshop. He said people would not come to Nolensville for Air BnB unless they can’t stay in Nashville.
Alderman Dugger moved to approve the minutes from the Board meeting of December 7, 2017, seconded by Alderman Felts. Alderman Snyder recused himself due to absence in December. The motion passed 4 - 0.
Alderman Patrick then made a motion to approve the Treasurer’s report through November, 2017, seconded by Mayor Alexander. When the vote was taken, the approval passed unanimously.
Mayor Alexander nominated Ms. Jeanne Boutilier of 1000 Brittain Downs Drive to sit on the Historic Zoning Commission. Ms. Boutilier introduced herself to the Board and the audience. The Board agreed unanimously to approve Ms. Boutilier’s nomination.
Town Planner Sarah Sitterle reported on behalf of the Planning Department and Planning Commission.
* At the December 12th Planning Commission meeting, a public hearing was held and action taken to approve the Comprehensive Plan
* Nolen McCord site plan amendment for awnings and parking, approved
* Hillside Center site plan amendment and final plat, approved
* Two Zoning Ordinance text amendments were approved and recommended to BOMA
* A workshop will be held after the January 9th Planning Commission meeting on P.U.D. regulations and staff procedures and processes
Town Engineer Don Swartz provided updates on the following:
* There was an update from Ragan-Smith on the Sunset Road improvement project
* There is an upcoming item on the agenda regarding additional spending for the Small Town Connections trail and bridge project
* Construction bid documents are being prepared for the Creekside Safe Routes to School project
* The environmental study for the Stonebrook Safe Routes to School project must be recertified in order to proceed
Counsel Notestine mentioned the damage caused by the dump truck on Rocky Fork Road is still being evaluated by an insurance adjuster. Representatives from Williamson County will be in town Friday to provide an estimate on this and some additional repairs.
Counsel Notestine also commented that several Sunset Road right-of-way acquisition closings would be scheduled soon.
Chief Keith Rosenberry reported for the Fire Department. He noted the winter weather has increased the volume of sprinkler calls received by the department. Mayor Alexander thanked Chief Rosenberry for the quick, professional response by the Fire Department when needed.
Police Chief Roddy Parker announced that the department is now being staffed by the Town 24/7. Officers Christine Gillman and Cody Phillips were introduced as new hires to the police department. Greg Moore was in the audience and starts in the department on Monday. Photos were taken of the new staff with the Board members.
Chief Parker then presented his monthly report. He mentioned the THSO had approved the purchase of the mobile data terminals, and a test model is at the Williamson County IT department. Chief Parker provided an update on the rash of summer car burglaries, saying that some of the items stolen in Nolensville were recovered in Seattle, Washington. Alderman Snyder thanked Chief Parker for his help securing portable power from Saunders Electric for the North Pole Experience.
Mr. Bryan Howell reported on behalf of the Public Works Department. The crew is working on pothole maintenance and preparing for the upcoming mowing season. Alderman Snyder thanked Public Works for their help on the North Pole Experience. There was also some discussion about sidewalk repairs in Bent Creek, which are incomplete. Director Howell indicated that it has been extremely difficult to secure a contractor to complete the sidewalk repairs due to the relatively small scope of the job.
There was no report for the Historic Zoning Commission. Alderman Snyder noted that the Town Events Committee will reconvene in February for preliminary preparations on the Star Spangled Celebration.
Ms. Kelley Crummitt reported for the Trees and Trails Committee. In addition to meeting on monthly submittals, they are working on a riparian buffer ordinance. The committee proposes an Arbor Day celebration on Saturday March 3, 2018. They are also looking at dates for a workshop. Mayor Alexander mentioned the grand opening of the trail and bridge is planned for Tuesday, January 16th at 10:00 a.m.
Mayor Alexander gave brief update on the special census and encouraged everyone to complete a census form. Alderman Patrick explained the importance of the special census to receipts of state-shared revenue. There was some discussion about incentivizing residents and how to spread the word about the census.
Mayor Alexander made a motion to approve on second reading Ordinance 17-13, an ordinance to amend Title 8 Chapters 205 and 207 of the Nolensville Municipal Code pertaining to on-premises beer consumption. Alderman Patrick seconded the motion and pointed out that the ordinance was approved as an exception to established on-premise beer consumption laws in Nolensville. There was a lengthy discussion about whether the Mill Creek Brewing Company was in compliance on food preparation, ventilation and other life safety issues. Administrator McLawhon clarified that fire suppression issues and some other life safety codes for proper on-site food preparation have not yet been met. Mr. Chris Going of Mill Creek Brewing Company attested that food is being catered in with no food prepared on-site. There was further clarification that the life safety issues for the building itself have been addressed, but the RV/food truck shall not be used to cook or prepare food. Mr. Going confirmed that he would continue to have food catered until a solution is achieved for code-compliant on-site food preparation.
After continued discussion, a vote was taken. Approval for Ordinance 17-13 passed by a vote of 3 – 2, with Mayor Alexander and Aldermen Felts and Patrick in favor and Aldermen Dugger and Snyder were opposed.
The Mayor then moved to approve on first reading Ordinance 18-01, an ordinance to amend Appendix B Section 1.3.2 of Zoning Ordinance 04-09 pertaining to street tree requirements. Alderman Patrick seconded the motion. Ms. Joyce Powers of the Trees and Trails Committee indicated that the Committee would like to be permitted to study the street tree list and conduct a survey to determine whether the approved trees are causing the problem with sidewalks. She felt more information was needed. Mr. EJ Kerr of Bent Creek interjected that he opposed removing street trees from the grass strip. In his opinion tree lined streets have more character. After some discussion, the Mayor withdrew his motion, and Alderman Patrick withdrew his second. Mayor Alexander then moved to defer Ordinance 18-01 indefinitely until more information can be gathered. Alderman Patrick seconded. Upon a vote, the motion passed unanimously.
Mayor Alexander moved to approve Ordinance 18-02, an ordinance to amend Article 1 of Zoning Ordinance 04-09 adding section 1.14.0, single family dwellings. He noted the ordinance provides a clear definition of the term “single family dwelling.” Alderman Dugger seconded the motion but pointed out sections of the ordinance requiring more explanation. Counsel Notestine clarified that the ordinance does not restrict roommates but rather identifies characteristics of single family dwellings. There was a lengthy conversation about short-term-rentals, accessory dwellings and compliance with the zoning ordinance. Alderman Patrick summarized that the definition of a single family dwelling would be a key component in regulating short term rentals.
Town Engineer Swartz clarified that Ordinance 18-02 does not involve permitting at all. It simply determines what a single family dwelling is so that if the Town does decide in the future to legalize short term rentals they could then be differentiated from single family dwellings. Framework for rules on permitting, regulation and enforcement would require a separate ordinance. After continued discussion, a vote was taken. The motion passed first reading by a vote of 3 – 2, with Mayor Alexander and Aldermen Felts and Patrick in favor. Aldermen Dugger and Snyder were opposed. A public hearing is to be held at the next Board meeting on February 1st.
Alderman Patrick then moved to approve Resolution 18-01, a resolution to enter into an interlocal agreement with Williamson County, Tennessee for law enforcement assistance and joint training. Alderman Felts seconded the motion, which passed unanimously.
Mr. Zachary Dufour, spoke on behalf of Resolution 18-02, a resolution to authorize the use of funds and approve a contract amendment with Kimley-Horn and Associates, Incorporated. Mr. Dufour indicated the work listed in the amendment had already been completed. Mr. Dufour further explained there was a potential for an additional expenditure, which requires Board approval. Mayor Alexander made a motion to approve Resolution 18-02, seconded by Alderman Patrick. The motion passed unanimously.
The Mayor announced there were 13 residential permits issued in December. The bridge dedication is scheduled for January 16th at 10:00 a.m. Mayor Alexander reminded the Board about the workshop scheduled for January 9th after the Planning Commission meeting.
The Mayor adjourned the meeting at 10:01 p.m.