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HomeMy WebLinkAboutResolution No 48-2022 - Temporary Parklet Installation PolicyPage 1 of 2 RESOLUTION NO. 48-2022 A RESOLUTION OF THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA POLICY FOR ESTABLISHING TEMPORARY PARKLET INSTALLATION WITHIN CITY RIGHT-OF-WAY WHEREAS, the Board of Public Works the (“Board”) is a contracting body of the City of South Bend (the "City") and exists and operates under the provisions of I.C. 36-4- 9-5, as amended from time to time (the "Act"); and WHEREAS, pursuant to I.C. 36-4-4-2(a); 36-4-5-3(7); 36-1-3-2; and 36-1-3-3, the BPW has the power and duty to assist the Executive in the efficient and effective operation of government of the City; and WHEREAS, pursuant to I.C. 36-9-6-2 the Board is charged with the supervision of streets, alleys, and other property of the City and pursuant to I.C. 9-21-4-3 is authorized to approve placement of parklet structures within the City’s right-of-way; and WHEREAS, pursuant to the City of South Bend Municipal Code Section 20-3 (“Code”), the Board has the authority to approve encroachments into the City’s right-of-way such has parklets; and WHEREAS, temporary parklet installations have been requested by businesses and therefore the Board has determined it to be in the best interest and safety of the City’s citizens to establish a process to provide such parklets; and WHEREAS, a parklet is defined as an area that converts existing on-street parking into a public seating area. WHEREAS, parklets located within the City’s rights-of-way are to adhere to sound traffic engineering principles, in compliance with the Indiana Manual on Uniform Traffic Control Devices and shall follow the guidelines established by the National Association of City Transportation Officials’ Urban Street Design Guide, and be limited in their locations; and WHEREAS, BPW shall empower the City’s team of engineers, street, and public safety professionals to establish the process for installation and recommending for approval the installation of temporary parklets. WHEREAS, the City Engineer’s Office has prepared a policy (“Exhibit A”) to be followed when evaluating the installation of temporary parklets. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC Page 2 of 2 WORKS THAT: The Board of Public Works for the City of South Bend, under the power vested by the City of South Bend Municipal Code Section 20-3, shall designate and approve temporary parklet installations, direct the City’s team of engineers, street, and public safety officials to determine the designation process, and installation locations. ADOPTED at a meeting of the Board of Public Works for the City of South Bend, Indiana held on November 8, 2022, at 227 W. Jefferson Blvd., Suite 1308, South Bend, Indiana 46601. November 8, 2022 CITY OF SOUTH BEND DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING Page 1 of 3 EXHIBIT A TEMPORARY PARKLET INSTALLATION POLICY The City of South Bend Board of Public Works, acting through the City of South Bend’s Engineering Division has established the following policy for temporary parklet installations. This policy outlines the general requirements for temporary parklet installations. Parklet Request Procedure: 1. A request, in writing, is to be submitted to the Engineering Division by the entity requesting the parklet. The request shall include a. Encroachment Permit Application with a detailed drawing of the parklet size, location, and materials b. Signed Parklet Request Form indicating that the requester has read and agrees to the terms in this Parklet Policy. c. Name of the entity(s) requesting the parklet(s) d. Name of contact person e. Contact information (address, phone, e-mail) f. Requested location(s) for parklet (final determination to be made by the Engineering Division) g. Requested length of time for temporary parklet installation (final determination to be made by the Engineering Division) h. Details of how the parklet is proposed to be constructed and protected (final determination to be made by the Engineering Division) i. Any other details deemed pertinent to the parklet(s) request 2. Engineering will review each individual requested location for a temporary parklet installation. An on-site investigation will need to be held with Engineering and the requester to evaluate the location. 3. Engineering will review each proposed location based on the following criteria: a. Safety b. ADA Access c. Public Benefit CITY OF SOUTH BEND DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING Page 2 of 3 d. Impacts on Parking e. Site Conditions 4. After Engineering approves the location, the location will need to be approved by the Board of Public Works, regardless of the length of time of the installation. 5. Parklets shall be removed promptly when the installation time period expires. 6. The requester is responsible for all costs associated with the installation of the temporary parklet. Requirements for each parklet: 1. Parklets are defined as public seating platforms that convert curbside parking spaces into vibrant community spaces, also known as street seats or curbside seating. 2. The Engineering Division reserves the right to deny parklets proposed in locations that have outdoor areas where tables could be added such as a lawn, a wide sidewalk, or off- street parking. 3. Parklets shall not interfere with ADA accessibility and shall not be installed in existing handicap parking spaces. 4. Parklets must not interfere with accessibility of the public sidewalk. Parklet amenities such as tables, chairs and other objects must be confined within their approved space. 5. All parklets shall follow the guidelines established by the National Association of City Transportation Officials’ “NACTO” urban street design guide at the following link: https://nacto.org/publication/urban-street-design-guide/interim-design-strategies/parklets/ 6. All parklets will need to allow for proper drainage along the gutter. The City recommends that a gap exist underneath the “floor” of the parklet in front of the curb at the gutter line to allow water to flow. 7. The parklet will need to be flush with the sidewalk without any trip hazards. 8. The parklet will need to use a slip-resistant surface to minimize hazards and needs to be ADA accessible. 9. The parklet will be available to the applicant during their business hours and shall be open to the public after those hours. 10. The parklet cannot exceed the width of the parking lane, including the barriers. Flexible posts, bollards or traffic cones can protrude slightly out from the parklet as a warning to CITY OF SOUTH BEND DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING Page 3 of 3 motorists, but still needs to be placed within the existing parking area and in no way extend into the driving lane. 11. Barriers are required to be installed at each parklet, positioned between the parklet and the parking lane to prevent cars from hitting the parklet when entering or exiting the parking spot. Four (4) barriers are required per parklet, two (2) at each end. Parking bumpers or temporary curb (something that would not damage a vehicle) should be placed 4’ from the parklet to prevent vehicles parking from backing into the parklet if parking is adjacent to the parklet. Refer to NACTO’s urban street design guide for examples of parklet configurations. 12. Parklets are required to have an open railing to define the space. The railing should be no higher than 3 ft and capable of withstanding 200 pounds of horizontal force. If planters are proposed to be placed along the railing, this would need to be reviewed by Engineering to ensure visibility is not restricted. 13. The placement of the parklet must consider any drives, alleys, or intersections adjacent to the parklet to ensure vehicles have proper turn movements and site distance. 14. It is recommended that Parklets be installed on streets that have a posted speed limit of 30 mph or less. Traffic calming measures will be assessed by Engineering as needed. 15. The applicant is responsible for notifying adjacent businesses that a parklet (once approved) will be installed in a particular location. The Engineering Division will provide a sample letter to be shared with adjacent businesses. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 10/31/2022 Name: Charlie Brach Department of Public Works – Engineering Division BPW Date: 11/8/2022 Phone Extension: 9246 Required Prior to Submittal to Board BPW Attorney X Attorney Name Dept. Attorney Attorney Name Purchasing Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Parklet Policy Ease./Encroach Required Information Company or Vendor Name N/A New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Parklet Policy Project Number N/A Funding Source N/A Account No. PR/PO # N/A Amount N/A Terms of Contract N/A Special Contract Provisions N/A Purpose/Description Policy for the installation of parklets in South Bend. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: