01/08/13 Board of Public Works Minutes

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2 REGULAR MEETING JANUARY 8, 2013 all problem areas in the City. Ms. DeRose concurred and stated this is a guideline to go forward. As we request funds for a public project, the issues are addressed. She noted that standards are constantly changing so it's never a complete plan. Ms. DeRose stated the Plan shows that we have had a very aggressive plan for driveways and sidewalks, but two other issues are not addressed; whether the City's programs and buildings are handicap accessible. Mr. Gilot stated the City does tamps every time they do a construction project, but not in the case of maintenance projects, due to budgets. Ms. Greene questioned if there will be changes to sidewalk cafe regulations that the Board should be aware of. Ms. DeRose stated the Common Council adopted the current standards. Ms. Greene noted it was her understanding that they are moving to a greater depth. Ms. DeRose stated upon approval and adoption by the Department of Justice, the City adopts new standards. Mr. Carl Littrell, Engineering, stated that over the years the standards of curb ramps have changed; the City has some work to do to catch up. He added that the overriding issue is what you do about streets that have a 2" higher grade. Mr. Gilot noted the City has invested between $7,000,000.00 and $8,000,000.00 in sidewalks and ramps with their Curb and Walk Program. Upon a motion made by Mr. Inks, seconded by Mr. Mecham and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 2-2013 A RESOLUTION OF THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA ADOPTING THE CITY OF SOUTH BEND'S TRANSITION PLAN FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT OF WAY IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT WHEREAS, in 1990 Congress enacted the Americans with Disabilities Act (ADA) which, among other things, requires that municipalities throughout the United States adopt standards to improve access and remove barriers for disabled persons in their use of public facilities and governmental services; and WHEREAS, the City of South Bend, Indiana, has advanced these objectives through an aggressive sidewalk and curb cut replacement program in the downtown South Bend area where government service facilities are concentrated by replacing sidewalks in neighborhoods through a public /private improvement plan in conformity with ADA Guidelines for Pedestrian Facilities in the Public Right of Way formally adopted by the South Bend Common Council December 12, 2011 under Resolution 44131 -11; and WHEREAS, the care, custody and control of City -owned property and the supervision of streets, public ways and sidewalks is vested in its Board of Public Works ( "Board ") pursuant to I.C. 36 -9 -6, et seq.; and WHEREAS, as part of its ADA compliance process, the City of South Bend has formulated a Transition Plan which is attached hereto and incorporated herein as Exhibit "A" that provides the City's future plan for addressing accessibility barriers to pedestrian facilities in the public right of way within the South Bend corporate limits ( "ADA Transition Plan "); and WHEREAS, the Board has determined that the ADA Transition Plan is in the best interests of the City and its residents, and complies with the purposes and provisions of the Americans With Disabilities Act and all other applicable federal, state and local laws; and WHEREAS, the Board desires to adopt the attached ADA Transition Plan for use within the City of South Bend, Indiana. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works for the City of South Bend, Indiana as follows: Section 1. The ADA Transition Plan that is attached to this Resolution as Exhibit "A" is hereby approved and adopted in its entirety for use within the City of South Bend. Section 2. The Board hereby authorizes the Department of Public Works to implement and administer the ADA Transition Plan consistent with the requirements of the Americans With Disabilities Act.