Loading...
HomeMy WebLinkAboutEncroachment & Revocable Permit - 129 N. Michigan St. - Cool Runnings Restaurant & Bar No. 21316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS January 10, 2023 Mr. Jayson Smith Cool Runnings Restaurant & Bar No. 2 129 N. Michigan St. South Bend, IN 46601 j.smithnasb&gmail.com; Austin.MadduxkwasteawaXgroup.com RE: Encroachment into Public Right -of -Way — Temporary Installation of Garbage Can at the South/East Corner of Walkway on Woodward Ct. Dear Mr. Smith: At its January 10, 2023, meeting, the Board of Public Works approved your request for the installation of a Garbage Can at the West side of Woodward Ct. This encroachment was temporarily approved subject to the improvements not becoming a safety hazard. Enclosed please find copies of the permit and application. The encroachment will be permitted to remain through the remainder of the 2023 calendar year. The City, through DTSB, will be coordinating a more permanent solid waste solution for yours and neighboring businesses. Said encroachment shall not in any way prejudice or preclude the City's rights with respect to the future use of that portion of the right-of-way. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER From: Zach Hurst To: Laura Hensley: Cobv Deal Subject: RE: Approved Traffic Control Devices from Today"s BPW Meeting Date: Tuesday, January 10, 2023 12:30:33 PM Attachments: imaae002.pna imaae003.ona Hi Coby: This is what I had in mind for the new sign location: Zach Hurst, P.E. Project Engineer City of South Bend, Indiana 574.235.5888 x3057 From: Laura Hensley <Ihensley@southbendin.gov> Sent: Tuesday, January 10, 2023 12:04 PM To: Coby Deal <cdeal@southbendin.gov> Cc: Zach Hurst <zhurst@southbendin.gov> Subject: Approved Traffic Control Devices from Today's BPW Meeting Good morning, Colby, Attached is what was approved today. This a weird one, please see photo attached (page 8), we will temporarily need the "No Parking" sign moved down to make room for a garbage bin. If you see the white car in the photo, the sign will need to be moved down more toward the black/blue SUV (north). That parking space will no longer be there. If you have questions, please call either Zach Hurst 574-235-3057 or me. Hope you have a wonderful day! Laura Hensley Administrative Assistant Department of Public Works �I (574)235-5927 Ihensley ansouthbendin.eov •�'• -� City of South Bend mss 227 W. Jefferson Blvd., Ste. 1316 South Bend, IN 46601 Excellence I Accountability I Innovation I Inclusion I Empowerment � �Spi3TH B.�O W rLncu 'a 1865 INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: October 31, 2022 TO: Matt Longfellow, Engineering Department Gerard Ellis, Fire Department Chris Dressel, Community Investment FROM: Theresa Heffner, Clerk SUBJECT: ENCROACHMENT RECOMMENDATION Revocable Encroachment — Cool Runnings Restaurant and Bar No. 2 LOCATION: 129 N. Michigan St. PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING CRITERIA: 1. It has been determined that this encroachment in no way impairs the highway or with the free and safe flow of traffic thereon, and it is recommended that the encroachment be permitted to remain. 2. Said encroachment shall not in any way prejudice or preclude the City's rights with respect to the future use of the portion of the right-of-way. PUBLIC WORKS: Favorable, pending modifications to dumpster placement. The proposed location on the sidewalk is not acceptable. However, a temporary solution of placing the dumpster on the west side of Woodward Court is acceptable. The `No Parking' area should be extended north approximately 25 linear feet to allow placement of the dumpster. This temporary solution will be the least impactful to pedestrians, parking, and aesthetics. The City, through DTSB, can explore alternate, permanent solutions including a screened dumpster containment area on private property in the vicinity. COMMUNITY INVESTMENT: Favorable. For revised solution — explore use of Woodward Ct. on the west curb line through a parking restriction. This would create a dumpster space for the subject business and other neighboring businesses. FIRE: Favorable Cool Rnnninge To: The Board of Public works an name 2 N. Michigan Bmkh entl South the General Manager of Cool Runnings restaurant entl bar, 129 N. Mlchlgen St., South Bend, IN 65801. am writing this letter to confine that I am very happy with the new location that the Board recommended. As we all know for the pass 8 months we have tried get somewhere for our garbage and none of the other businesses in walking distance of our restaurant Is able or want to share. Not that they wouldn't, but your we already sharing with someone else. Whet have to tlo every nigh for the pass 8 month Is our car antl drive the garbaggee to Michigan City. so again, we Cool Runningss Restaurant urant and Bar Is vary greet toll for the new location that the board rd recommend. For anymore Infonnetion please contact me et (5]A) 232-g95A or (5]A) 202-1893 sincerely, nra�-Y.r.Fyam:f o�UT ENCROACHMENT APPLICATION INSTRUCTIONS h� �f City of South Bend - Board of Public Works N ,Phi �zl 227 W. Jefferson Blvd., Ste.1316 ,865� South Bend, IN 46601 Dear Resident or Business: Thank you for your interest in applying for permission to encroach upon the City's right-of- way. An encroachment occurs when a neighbor builds something on or overhanging another neighbor's property. Encroachments on City property can occur when a resident or business owner builds a canopy, signage, awnings, brick mailboxes, planters, and more on City streets, sidewalks, or other City property. All encroachments upon the City's right-of-way must be approved by the Board of Public Works. a:Z0141 2MI Once your application is received, it will be reviewed by City personnel and presented at a City of South Bend Board of Public Works meeting for approval. Upon approval, a signed copy of your permit and agreement will be emailed or mailed to you. Note: The encroachment review and approval process can take four to six (4-6) weeks, depending on the complexity of the request. Permits may be revoked at anytime. APPLICATION CHECKLIST Below is a checklist of items that must be included with your submission: ✓ Completed and signed Encroachment Application ✓ Photos of the area where the encroachment will take place. ✓ Complete description of the encroachment (i.e. canopy, banner, planter, underground utilities, signage, etc.) ✓ Plans and Specifications ✓ Signature and Legal Name ✓ Signed Revocable Permit Completed applications should be mailed or delivered to: City of South Bend - Board of Public Works 227 W. Jefferson Blvd. Ste.1316 South Bend, Indiana 46601 QUESTIONS The City of South Bend looks forward to working with you! If you have any questions, contact City Engineering at 574.235.9251. SpU n g �4 \ ENCROACHMENT APPLICATION City of South Bend - Board of Public Works 227 W. Jefferson Boulevard, Ste. 1316 x x 1865 South Bend, IN 46601 PROPERTY OWNER INFORMATION: Name of Business/Homeowner: 4w/ Address: City/Stat( Phone:?SZ32 Email: T IENCROACHMENT INFORMATION: Location of Encroachment: Encroachment Description: CL Road to R/W Line: Size of Encroachment: ! Distance of R/W: /CGl/� G�i 62/1 Amount in R/W: 1 INSTALLER'S INFORMATION: Business Name: / 11;ne.O Address: 74 / /V • WildwocJ City/State/Zip: Phone: Signature: 'A Printed Name: INCLUDE THE FOLLOWING ITEMS WITH YOUR APPLICATION: o4n Photos of the area where encroachment will take place. .B'rlans and Specifications ,Ptompleted Agreement AFFIRMATION I, the undersigned do hereby certify and affirm that all the information given in this application is accurate and correct. I understand that encroachments must in no way impair the highway or free and safe flovy of traffic t ereon and maybe revoked at anytime. / n �1 Signature of Applicant: ! &)M C t CON Date: / Z Printed Name of Applicant: j, L4P- n REVOCABLE PERMIT RECOGNITION OF ENCROACHMENT UPON CITY OF SOUTH BEND -CONTROLLED PROPERTY AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME x 18G5 ■ Company/Homeowner Name A""- I hdr1&dQ5 &"j) Far, hereafter, the "APPLICANT." 4.0 The encroachment will be permitted to remain and continue under the following terms and conditions: 1) Until such time as the BOARD OF PUBLIC WORKS ("BOARD") of the CITY OF SOUTH BEND ("CITY") shall determine that such encroachment is in any way impairing or interfering with the highway or with the free and safe flow of traffic thereon; 2) Said encroachment shall not in any way prejudice or preclude the CITY'S rights with respect to the future use of the portion of the right-of-way; 3) The encroachment as it now exists shall in no manner be added to or enlarged in its present scope or dimensions; 4) In the event of change of ownership of the fixture or any other item of personal property which constitutes the aforesaid encroachment, this permit shall become null and void; 5) The CITY shall not be liable toAPPLICANTfor any damages caused to APPLICANTthat arise out of or is incidental to any activity and/or incidences authorized by this permit; 6) In consideration of the granting of this Permit by the BOARD, APPLICANT shall indemnify, hold harmless and defend the CITY from and against any and all actions or causes of action which the CITY may suffer or incur by reason of bodily injury, including death, to any person or persons, or by reason of damage to or destruction of any property, including the loss thereof, arising out of or in any manner connected with any activity and/or incidences authorized by this permit and/or any activities and/or incidences incidental thereto, or which the CITY may sustain or incur in connection with any litigation, investigation, or other expenditures incidental thereto, including any suit instituted by the CITY to enforce the obligation of this agreement of indemnity. It is the intent of the parties hereto that the APPLICANT shall indemnify the CITY under this indemnification clause to the fullest extent permitted by law, except that APPLICANT shall not indemnify CITY for any damage or expense caused by the sole negligence of the CITY. This approval shall be binding upon everyone past or present, claiming any interest in and to the aforementioned encroachment. ACCEPTANCE OF TERMS AND CONDITIONS I accept and agree to be bound by all of the terms and conditions of this permit. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS ta�6k Elizabeth A. Maradik, President Q Gary A. Gilot, Member Murray L. Miller, Member Submitted By: Signature: Date: �ar � Joseph R. Molnar, Vice President 09 Jordan V. Gathers, Member Attest: Theresa M. Heffner, Clerk Date: Tannary 10 2023 Please have a look and provide your recommendation. For reference, there are no hydrants along Woodward Court, as it functions as an alley. If you are agreeable to a Favorable recommendation, we can move this application forward next week at Board of Public Works and help out the business owner. Please let me know of any questions or concerns. (@Chris Dressel I have updated the Public Works portion of the memo to portray what was discussed this morning at Agenda Review. Thanks everyone. Zach Hurst, P.E. Project Engineer City of South Bend, Indiana 574.235.5888 x3057 From: Hillary Horvath <hhorvath(@southbendin.gov> Sent: Thursday, January 5, 2023 2:19 PM To: Zach Hurst <zhurst(aDsouthbendin.gov> Subject: FW: Recommendation memo for Encroachment -Cool Runnings Restaurant From: Hillary Horvath Sent: Monday, October 31, 2022 3:41 PM To: Matt Longfellow <mlongfel(aDsouthbendin.gov>; Gerard Ellis <gellis(@southbendin.eov>; Chris Dressel <cdressel(CDsouthbendin.eov> Subject: Recommendation memo for Encroachment - Cool Runnings Restaurant Good Afternoon All, There is a recommendation memo for an encroachment for Cool Runnings Restaurant and Bar No. 2 at 129 N. Michigan St. The memo and packet are saved here: S:/ BPW Recommendations. Thank you, Hillary HI 4w,q Horva>j- Administrative Assistant `l Departmentof Public Works .` (574) 235-9251 h horvath(@southbendin.eov City of South Bend 227 W. Jefferson Blvd., Ste. 1316 South Bend, IN 46601 Customer Account No. NEW NAICS Code Reason Code NEW Effective Service Date Max Weight Per Yard Service Agreement Non -Hazardous Wastes Account Name Cool Runnings Restaurant and Bar Billing Address 129 N Michigan Street City, State, Zip Code _ Tel # 574-202-1893 South Bend, IN E-mail J.smithnasb@gmail.com Contact Jason Smith Fax # 446011111- Hrii A Waste -Away Group, Ltd. Company Himco Waste -Away Service, Inc. 707 North Wildwood Ave Post Office Box 1278 Elkhart, Indiana 46514 Elkhart, Indiana 46515 Phone:(574)293-8534 (800)634-4626 Fax: (574) 294-7010 Website: www.WasteAwayGroup.com Equipment & Service Specifications Site Address Qty Size Type Lids Wheels Lock Freq Service Day(s) SAME 1 3 T / / / x/w Special Instructions Waive Delivery Fee Site: In the sabe Cubby as Woochie's containers THE UNDERSIGNED INDIVIDUAL SIGNING THIS AGREEMENT ON BEHALF OF THE CUSTOMER ACKNOWLEDGES THAT HE/SHE HAS READ AND UNDERSTANDS THE TERMS AND CONDITIONS OF THIS AGREEMENT, ON THE REVERSE SIDE, AND THAT HE/SHE HAS THE AUTHORITY TO SIGN ON BEHALF OF THE CUSTOMER. Customer (AUTHORIZED r Total: Charge(s) Schedule of Charges Casters / Locks per Month $ Extra Pick -Up Charges Per Lift If needed $ 100.00 Per Lift $ Per Lift $ Transportation Per Load $ Transportation Per Load $ Transportation Per Load $ Disposal Per Ton $ Loose Yard Extra Per Yard $ 50 Container Delivery, Removal, Exchange Fee _$ 150 Container Relocation Fee $ 75 Minimum Monthly Charge $ .110 Demurrage Charge Per Minute After _ Minutes $ Monthly Equipment Service Charge $ Terms: Net 10 Days Himco Representative Austin Maddux (AUTHORIZED SIGNATURE) (TITLE) NAME (PrintorType) White(Original) - File Yellow - Customer (TERRITORY) Pink - Sales (DATE) (Rev 08/2017) TERMS AND CONDITIONS OF SERVICE AGREEMENT SERVICE AGREEMENT (the "Agreement"): Customer grants to Himco the exclusive right to collect and dispose of all of Customer's waste material as warranted below (including recyclable) for an initial term of 5 years, and shall automatically renew for an identical term every 5 years, unless either party shall give written notice to the other within 60 days before the termination date of the initial term or any renewal term. If Customer no longer requires collection and disposal service for its waste materials, through discontinuance of business, or relocation outside the area in which Himco provides collection service, Customer may terminate this agreement upon written notice to Himco at least 60 days before the intended termination date, but only upon payment of all amounts then due Himco. If Customer terminates this Agreement by any means other than that stated above, Customer shall be liable for liquidated damages in an amount equal to six months fees or the fee for the remaining term of the Agreement, whichever is less. Customer acknowledges that the actual damage to Himco in the event of termination is difficult to fix or prove, and the foregoing liquidated damages amount is a reasonable estimate of Himco's expected damages resulting from such termination and is an agreed upon fee and is not imposed as a penalty. SERVICE GUARANTEE: All Himco Services will be performed in a professional manner, in accordance with industry accepted standards, and are annually reviewed with Himco's policies and procedures. Himco guarantees all services will be completed within a reasonable time on or after the original scheduled service date. Changes to scheduled service date may be made by either party provided such change is agreed to by both parties in advance of the scheduled service date. Himco's failure to perform as agreed will result in a refund of the transportation charges billed for such service. Charges for disposal costs will remain the responsibility of Customer. PAYMENT TERMS: Customer agrees to pay Himco for services rendered in accordance with the terms and charges herein; all charges are due in full 10 days after invoice date. Any unpaid balance beyond 30 days will be subject to a late charge of 1.5% per month, minimum fee $4.95. In consideration of the charges and rates imposed under this Agreement, Customer agrees that it shall exclusively use Himco for the removal of its non -hazardous solid waste during the original or any renewal term of the Agreement. Customer shall be responsible for all expenses, court costs, and attorney's fees incurred by Himco due to the enforcement of this Agreement. The Agreement shall be binding on the parties and their successors and assigns. Himco may assign its collection obligations and billing rights under this Agreement to any of its affiliated companies. The laws of the State of Indiana shall govern the validity, enforcement and performance of the Agreement. The invalidity or unenforceability of any provision hereof shall not impair or affect any other provision. If any provision of the Agreement shall be declared invalid or unenforceable, the remainder shall continue in full force and effect. WASTE MATERIALS TO BE TRANSPORTED: Himco agrees to collect and dispose legally permitted solid wastes generated by Customer. Customer warrants that all waste deposited for collection hereunder will not include any waste or substances that pose a present or potential hazard to human health and environment or that is a regulated hazardous waste as defined in the Federal Regulations, 40 CFR, Part 261, and State of Indiana Administrative Code, title 329 IAC-3.1 or any other applicable law or regulation. Himco does not take title to any property transported on behalf of Customer. Customer agrees that all property transported by Himco shall remain the sole property of the Customer, and Customer directs Himco to dispose of Customer's property in accordance with applicable federal, state and local regulations. Customer agrees to indemnify and hold Himco and its affiliates harmless against all losses, claims, expenses (including attorney's fees), lawsuits or other liabilities for injury or damage to persons, property or the environment in connection with the use of equipment by Customer or breach of any term of this Agreement by Customer. The indemnity provided herein shall survive the termination of this Agreement. EQUIPMENT - CUSTODY AND USAGE: Himco places in the care, custody and control of Customer appropriate equipment for the express purpose of collection and disposal of non -hazardous solid waste; such equipment is and shall remain the sole property of Himco. Customer further acknowledges that Himco shall not be liable for any damage to pavement, driving surface, or underground structures such as but not limited to septic systems or dry well. Himco acknowledges that it will be responsible for damage, other than that noted above, that is caused by Himco's negligence while collecting such waste. Customer shall be responsible for loss or damage to equipment except that caused by Himco's handling of the equipment, and normal wear and tear. Customer agrees not to alter, move, overload (by weight or volume), or use equipment in any other manner than instructed by the manufacturer or Himco. Customer acknowledges and agrees that any fire related damage to Himco's equipment is the Customer's sole responsibility and agrees to provide sufficient insurance coverage to protect Himco's interest in said equipment. At the time of collection, Customer shall provide unobstructed access to the equipment. If equipment is inaccessible and any additional collection service is required, Customer agrees to pay for any additional collection service as an extra pick-up. CHANGES TO AGREEMENT: Since landfill disposal charges, governmental fees, fuel costs and other expenses to which Himco is subject are uncontrollable costs of the service provided, Himco may adjust the price of the collection services annually, and Customer agrees to such price adjustments. Changes in material type or weight, frequency of collection service, or the number, capacity or type of equipment, and the corresponding changes in charges therefore may be agreed to, only in writing. No oral agreements shall be binding on Himco or Customer. CUSTOMER REPRESENTATIVE'S PERSONAL GUARANTY: Customer's representative signing this Service Agreement hereby personally and unconditionally guarantees timely payment by Customer as required by the Payment Terms above. Customer representative waives demand for payment and notice of every kind, and consents to any and all extensions of time for services performed under this Agreement and to any and all changes in the terms of this Agreement. Himco may enforce this guaranty without first resorting to or exhausting other remedies provided by this Service Agreement or by law. Customer representative agrees to pay all costs, expenses and attorneys' fees incurred by Himco in enforcing this guaranty. Customer representative signs this guaranty in consideration of Himco's willingness to enter into this Service Agreement with Customer. Customer Initials: WasteAway � 877.924.4748 Bea hHere q BORDEN RESIDENTIAL HIMCO INDUSTRIAL INTEGRA RECYCLING WORKS! RILUNG/INVOICING CAREER OPPORTUNITIES CONTACT US Dumpster Rental Services Waste -Away Group's vast resources allow our Customers the ability to complete large construction jobs or to request multiple hauls in a day. Himco rolloff service meets the service required to get the job done, with extensive container inventory offering flexibility. Containers range in size from a is yard to a 50 yartl rolloff. Depending upon the project, we will maximize the hauling weight to improve efficiency and to be cost effective. Contact Customer Service - Call Toll Free: (877) 924-4748 Front Load Height Width Length 2 cubic yartl 40" 79" 3T 3 cubic yard 48" 79" 53" 4 cubic yard 79" 59^ AD' 6 cubic yard 51, 79, 75" a cubic yard 5o" 79" so^ Enjoy additional volume with Waste -Away Group's rolloff containers and Specialty Equipment Programs to see howyou can increase your volume at substantially reduced costs! �1//� �' �