Laserfiche WebLink
173 <br />REGULAR MEETING MAY 26, 1992 <br />The regular meeting of the Board of Public Works was convened at <br />9:32 a.m, on Tuesday, May 26, 1992, by Board President John E. <br />Leszczynski, with Mr. Leszczynski, Mr. James R. Caldwell and Mrs. <br />Mary H. Mueller present. <br />APPROVE MINUTES OF PREVIOUS MEETING <br />Upon a motion made by Mr. Caldwell, seconded by Mrs. Mueller and <br />carried, the minutes of the regular meeting of the Board held on <br />May 18, 1992 were approved. <br />ADOPT RESOLUTION NO. 23-1992 - POLICY REGARDING OPEN AIR STANDS <br />ON PUBLIC RIGHT-OF-WAY <br />Board Attorney and Member Mary H. Mueller advised that <br />historically the Board of Public Works has not allowed open air <br />stands on the public right-of-way due to safety concerns for both <br />vehicular and pedestrian traffic. <br />The purpose of the Resolution submitted today for consideration <br />is to make that position a matter of policy and provides that the <br />Board will not allow open air stands on the public right-of-way <br />excluding special events of a limited nature. Mrs. Mueller noted <br />that with this policy in place the Deputy Controller's office can <br />advise applicants of this policy and they will not have to come <br />to the Board each time for consideration. She reiterated that <br />this is the position the Board has always taken but the adoption <br />of the Resolution makes it a matter of policy. <br />Therefore, Mrs. Mueller made a motion that the Resolution which <br />has been submitted to the Board be adopted. Mr. Caldwell <br />seconded the motion which carried and the following Resolution <br />No. 23-1992 was adopted: <br />RESOLUTION NO. 23-1992 <br />A RESOLUTION OF THE BOARD OF PUBLIC WORKS <br />OF THE CITY OF SOUTH BEND ADOPTING A POLICY <br />REGARDING OPEN AIR STANDS ON THE <br />PUBLIC RIGHT-OF-WAY <br />WHEREAS, the Board of Public Works for the City of South <br />Bend (hereinafter, "Board") is required to review license <br />requests for open-air businesses if such businesses are to be <br />located on the public right-of-way or other public property under <br />the Board's jurisdiction; and <br />WHEREAS, the Board has historically taken the position that <br />the placement of such businesses on the public right-of-way poses <br />safety problems for vehicular and pedestrian traffic and should <br />not be permitted except for special events involving street <br />closures of the like; and <br />WHEREAS, processing each such application individually <br />involves administrative delays for the applicant that are <br />unnecessary since the Board has maintained a uniform position <br />regarding this matter. <br />NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works <br />of the City of South Bend, Indiana, as follows: <br />1) In the interest of public safety and as a matter of <br />Policy, the Board of Public Works has determined to prohibit the <br />placement or operation of open-air businesses on the public <br />right-of-way in South Bend. <br />2) Exceptions will be permitted to this policy for special <br />events of limited duration, which involve street closures or have <br />