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Home My Public Portal About07-06-2010PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, JULY 6, 2010 The Common Council of the City of Richmond, Indiana met in regular session July 6, 2010 in the Council Chambers in said City. PLEDGE OF ALLEGIANCE PRAYER BY COUNCILOR CRUSE - NICHOLSON President Miller called the meeting to order and the following business was conducted: ROLL CALL Councilors present were Howard "Jack" Elstro, Kelley Cruse - Nicholson, Clay Miller, Bing Welch, Larry Parker, Robert Goodwin, Diana Pappin and Phil Quinn. Absent was Bruce Wissel Also present were: Sarah Mitchell & Tony Foster, Department of Metropolitan Development; Brad Johnson, Ground Rules; Linda and Kris Wolski; Dave Dorsten; Sue Mathews; Jon Odom, Productivity Fabricators; Richard Peterson, Porter Advertising; Mayor Sally Hutton; Assistant City Attorney Kim Vessels and City Clerk Karen Chasteen. APPROVAL OF MINUTES Ms. Cruse - Nicholson moved to approve the minutes of the meeting of June 28, 2010, supported by Ms. Pappin. Upon a vote viva voce, the motion passed. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS None COMMUNICATION FROM THE MAYOR ■ The Festival of Murals is underway and there are still openings to participate in painting under Lamar Lundy Bridge over Sim Hodgin Parkway July 10 -11. ■ Thank you to all the residents for their patience during the various construction projects. The Indiana Department of Transportation has no more projects scheduled for Richmond for the next 25 years. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY There were no minutes — The Board did not meet due to lack of Agenda items. REPORTS FROM DEPARTMENT HEADS, STANDING COMMITTEES, SPECIAL COMMITTEES and /or ORGANIZATIONS None MISCELLANEOUS BUSINESS None Common Council Minutes July 6, 2010 Page 2 of 4 ORDINANCES ON FIRST READING None ORDINANCES ON SECOND READING ORDINANCE NO. 18 -2010 —A GENERAL ORDINANCE REPLACING CHAPTERS 153: SUBDIVISION CONTROL CHAPTER 154: ZONING CODE, OF THE CITY OF RICHMOND CODE WITH CHAPTER 154: UNIFIED DEVELOPMENT ORDINANCE. The Clerk read Ordinance No. 18 -2010 on second reading by title only. This Ordinance is the recommended replacement for the current Zoning and Subdivision Control Ordinance that date back to 1968 and 1983. This Ordinance was heard on public hearing at the May 27 Advisory Plan Commission meeting with eight commission members in attendance. The Plan Commission recommended approval of the Ordinance to the Common Council by an 8 -0 vote. A meeting of the Committee of the Whole was held June 14, 2010. The following are proposed changes that resulted from additional input from City staff, a local survey /engineering firm and from comments received during the Committee of the Whole meeting: ■ ZONING DISTRICTS — pg. 1 -7 - ¶1.19 — NCO, replace S.R. 27 with U.S. 27; TCO, sentence to read This district is established to permit logical and appropriate transition from residential or low intensity commercial uses to higher intensity mixed uses. ■ CERTIFICATION AND ADOPTION — pg. 1 -12 — replace the name Bradford Marshall with Ray Ontko ■ OUTDOOR COMMERCIAL (OC) DISTRICT — pg. 2 -32 - add all General Commercial Permitted Uses to Outdoor Commercial "Permitted Uses" ■ NORTH CORRIDOR OVERLAY (NCO) DISTRICT — pg. 3 -12 - District Intent, replace S.R. 27 with U.S. 27 ■ ARCHITECTURAL STANDARDS (AR) — pg. 5 -14 - % D. 2., should read Garage - forward Design: Front - loading garages shall not be located forward of the fagade by more than eight (8) feet on multiple - family units or single - family units with less than 1, 200 square feet of living space. ■ SIGN STANDARDS (SI) —pg. 5 -77 - % E.1.d. —delete including human beings holding or acting as signs. pg. 5 -80 —% A.1. — add Section 7.06: Entryway Feature Standards; % CA.b. — last sentence, replace the word eight with eighty pg. 5 -90 - % CA.e. — delete A standard temporary sign may stay in place for the duration of the temporary event. The standard temporary sign may be put in place u p to five (5) days prior to the temporary event. All standard temporary signs shall be taken down within seven (7) days after the standard temporary sign's purpose no longer exists. ■ MONUMENT AN MARKER STANDARDS (MM) — pg. 7 -15 - % B. — replace Monuments shall be located on street right -of -way intersections, angle points of curve and block corners. They shall be spaced so as to be within sight of each other, the sight lines being contained wholly within the street limits with Survey monuments shall include Subdivision Boundary, Interior Property Corners, and Street Monuments and shall conform to Section 7.14A; % D. — replace the word river with curve; % E. — should read Street Monuments: Street Monuments shall be located on the Common Council Minutes July 6, 2010 Page 3 of 4 centerline at each angle point, at each point of beginning and ending of a curve, or at the intersection with all streets and alleys. PEDESTRIAN NETWORK STANDARDS (PN) — pg. 7 -19 - % B. — to read Non - petition Clause: When sidewalks and /or sidepaths are not required, or the development gets relief from installing sidewalks and /or sidepaths, the City shall not, now or in the future, be obligated to install them. Every lot within the subject subdivision shall have a non - petition clause recorded as a deed restriction, applicable in perpetuity, stating that the property owner waives the right to petition the City for a sidewalk and /or sidepath to be installed at the City's expense. This waiver does not restrict private funding to be used for such improvements to be made. ■ STREET LIGHTING STANDARDS (SL) — 7.29 - ¶ b. add in addition to any costs required by RP &L for parts inventory; % C.1. - delete Glare: Street lights shall be shielded to prevent glare on residential property. 7.31 — add SL -04: Non - residential Street Lighting Standards: This Street Lighting Standards section applies to the following type of development: ST, CV, CS, TD, TN, ZL, SC, CD, IP, DP, PD ■ ¶A. Non - petition Clause: When street lights are not required, or the development gets relief from installing street lights, the City or RP &L shall not, now or in the future, be obligated to install them. Every lot within the subject subdivision shall have a non - petition clause recorded as a deed restriction, applicable in perpetuity, stating that the property owner waives the right to petition the City or RP &L for street lighting to be installed at the City's or RP &L's expense. This waiver does not restrict private funding to be used for such improvements to be made. ■ UTILITY STANDARDS (UT) — pg. 7 -38 - % A.1. change Chapter 54 to read Chapter 50; % C.2. — add and Richmond Sanitary District. SUBDIVISION OF LAND; PRIMARY PLAT — pg. 9 -34 - % i. — add Required deed restrictions, non - petition clauses, non - remonstration clauses, conditions of approval, and /or developer commitments shall be included in the restrictive covenant or in a separate legal document which will apply to each lot and be recorded. Any required restriction, clause, condition, or commitment shall be clearly written to not be amendable by the owner or owners' association and that the only means for removing or modifying the required restriction, clause, condition, or commitment is through a plat vacation or replat process. Ms. Pappin moved to amend Ordinance No. 18 -2010 to include changes as presented, supported by Mr. Goodwin. Upon a vote viva voce, the motion passed. Council President Miller declared Ordinance No. 18 -2010 as amended on second reading and public hearing. Speaking to the Ordinance was Ms. Mathews, Mr. Peterson, Mr. Dorsten and Mr. Odom. Ms. Pappin moved for engrossment of Ordinance No. 18 -2010 as amended, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. Mr. Elstro moved to advance Ordinance No. 18 -2010 as amended to third and final reading and suspend the rules and read by title only, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 18 -2010 as amended on third reading by title only. Ordinance No. 18 -2010 as amended was adopted with an 8 -0 roll call vote. Common Council Minutes July 6, 2010 Page 4 of 4 ORDINANCES ON THIRD READING None CALL FOR ADJOURNMENT There being no further business, on a motion duly made, seconded and passed, the meeting was adjourned. S/S J. Clayton Miller J. Clayton Miller, President ATTEST: S/S Karen Chasteen Karen Chasteen, IAMC, MMC City Clerk