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