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Home My WebLink AboutEncroachment & Revocable Permit - Lincoln Bendix Park Neighborhood Assoc.1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS November 28, 2023 Ms. Marilyn Gachaw Lincoln Bendix Park Neighborhood Association, Inc. 2514 Kenwood Ave. South Bend, IN 46628 Marilyngachawgaol. com RE: Encroachment into Public Right -of -Way — 400-500 Block Meade St., Bendix Dr. within Median Strip Dear Ms. Gachaw: At its November 28, 2023 meeting, the Board of Public Works approved your request for planting a native garden in three (3) sections at 400-500 block Meade St. and Bendix Dr. within the median strip. This encroachment was 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 and continue until such time as the Board of Public Works of the City of South Bend 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. 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. Enclosures TH/lh Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk November 28, 2023 ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA N. MIcou � �Spi3TH B.�O W rLncu 'a 1865 INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: August 15, 2023 TO: Kyle Ludlow, Engineering Department Zach Hurst, Engineering Department Gerard Ellis, Fire Department Chris Dressel, Community Investment FROM: Theresa Heffner, Clerk theffner _south bend in. com SUBJECT: ENCROACHMENT RECOMMENDATION Revocable Encroachment — Lincoln Bendix Park Neighborhood Association LOCATION: 400-500 Blocks of Meade St./Bendix Dr. within the median PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING CRITERIA: 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 anyway prejudice or preclude the City's rights with respect to the future use of the portion of the right-of-way. PUBLIC WORKS: (Recommendation provided after consulting with Streets Department — Coby Deal) Favorable with the following comments: 1. Native Nursery needs to call in utility locates (811) prior to digging for their safety. 2. Native Nursery and the banner contractor need to submit an ROW occupancy permit with Engineering so we know what days this work will occur. This permit does not need to be applied for until after they receive their encroachment permit, but before working onsite. COMMUNITY INVESTMENT: Favorable FIRE: Favorable ,� '��;�; ENCROACHMENT APPLICATION City of South Bend - Board of Public Works 227 W . Jefferson Boulevard, Ste.1316 ;N. South Bend, IN 46601 PROPERTY OWNER INFORMATION: Lincoln Bendix Park Neighborhood Association In4 Name of Business/Homeowner: Address: 2514 Kenwood Ave. City/State/Zip: South Bend/Indiana/46628 Phone:5742339887 Email: marilyngachaw@aol.com ENCROACHMENT INFORMATION: Location of Encroachment: 400-500 Block of Meade Street/Bendix Dr. within the ,� � I Encroachment Description: Plant a Native Garden in three bare sections to beautit4 CL Road to R/W Line: .5 , 5 Size of Encroachment: 3 as Distance of R/W: `T Amount in R/W: Cif! 3� S�• INSTALLER'S INFORMATION: Business Name: Naturally Native Nursery Address: 20525 Johnson Road City/State/Zip: South Bend/Indianal46628•- Lko (o t - Phone:419-833-2020 Email: nnn@naturallynative.net Signature: Printed Name: INCLUDE THE FOLLOWING ITEMS WITH YOUR APPLICATION: 19 Photos of the area where encroachment will take place. B Plans and Specifications ® Completed 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 noway impair the highway or free and safe �flow yof traffic/thereon and maybe revoked at anytime. Signature of Applicant._ I ,�_ I{�*�� Date: Printed Name of Applicant: n 1_+ Ld M 11 1A e2 In 6 U — _ REVOCABLE PERMIT 1,4 , „ C$ ) � RECOGNITION OF ENCROACHMENT UPON CITY OF SOUTH BEND -CONTROLLED PROPERTY AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OFSAME Company/Homeowner Name Lincolln Bendix Park Neighborhood Assodalion/Manlyn Gachaw, M(hereafter, the "APPLICANT." 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 to APPLICANTf or 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. 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. ( ' Submitted By: Signature:��, Dater BOARD OF PUBLIC WORKS APPROVAL CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS val�a 111-2-rt Elizabeth A. Maradik, President C3-zv Qsl met Gary A. Gilot, Member Joseph R. Molnar, Vice President Brian Micou, Member Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: November 28, 2023 Revised on 9.14.21 LINCOLN --DENDIX PARK — NEIGHBORHOOD ASSOCIATION ENCROACHMENT APPLICATION City of South Bend — Board of Public Works 227 W. Jefferson Boulevard, Ste. 1316 South Bend, IN 46601 PROPERTY OWNER INFORMATION: Name of Business/Homeowner: Lincoln Bendix Park Neighborhood Association / Marilyn Gachaw, Member Address: City/State/Zip: 2514 Kenwood Ave/ South Bend/ Indiana/ 46628 Phone: 574/233/9887 Email: marilvngachaw@aol.com *ENCROACHMENT INFORMATION: Location of Encroachment: The Lincoln Bendix Park Neighborhood Association is planting a Native Plant Garden within the Median Strip along the 400 Block of Meade Street and the 500 Block of Bendix Drive, South Bend, Indiana 46628 We will also hang ten double -sided Lamp Pole Banners from the city -owned Lamp Poles within the Strip and eight Lamp Pole Banners near Lincoln -Way West and Olive Street (2400 Block of Lincoln -Way West). There are eight banner poles along Lincoln Way West on the south side of the street. Dimensions are 48" H by 24" W. Banner and Flower Examples Are Attached. Encroachment Description: Naturally, Native Nursery Company will install the Native Gardens in three bare sections of the Median Strip along the 400 Block of Meade Street and the 500 Block of Bendix Drive. The gardens will consist of plants that grow hardy in our climate, need little water and care to survive, provide beauty in the area and provide shelter and food for wildlife. We will also hand ten "Welcome to Lincoln Bendix Park Neighborhood Banners" from city -owned Lamp Posts located within the Median Strip along the 300 - 400 Blocks of Meade Street and the 500 — 600 Blocks of Bendix Drive. There are five double -sided poles =10 banners total, along Bendix / Meade Street. Dimensions are 36" H by 24" W Natural Native Nurserg 5/c rlbzil y i/) N,?W Ira,- Ecolr�ylkW Ailels ty 20525 Johnson Road, South Bend, IN 46614 419-833-2020 email: nnn@naturallmative.net website: www.naturaliynative.net Marilyn Gachaw 2514 Kenwood Ave. South Bend, IN 46628 (574) 233-9887 July 7, 2023 PROPOSAL Marilyn (client) contacted Jan Hunter of Naturally Native Nursery (NNN) regarding the possibility of creating median gardens in Meade Street, South Bend. On June 1 we drove and talked about three areas of the median to be installed with native plants. The first area is the focus area for this proposal: the other two areas could be detailed later. The first area would be at the west end of Kenwood Ave. and would be approximately 100 ft. long x-6 5' wide, or 6W500 sq. ft. area. This would leave on either side from curb to garden to be kept mowed by the city. The north end is marked by a small tree, the south end by a light post. Here, NNN would kill off the grass in the &W500 ft2 garden area and install 170 2W native 2-1/2" square plugs of various species suitable in this full sun, dry soil site. All plants would be less than 2-3 ft tall, colorful and valuable for pollinators, birds and people. Following installation, mulch would be spread to keep down weeds and retain moisture in the soil for the plants. NNN would visit the site three times before winter to monitor success of the planting and do some light weeding. This project could start any time following approval. Installation would be completed before September if approved before August 15. NNN is fully capable and knowledgeable to complete this project well and on time. We will supply all plant material, mulch, tools, supplies and labor to see the project from start to finish. Plants $340400 Labor $250 Mulch $200 Prep (herbicide) $60 Travel $60 Supplies $30 TOTAL: $9401849 Naturally Native Nursery's obligation to the project would be complete at the end of the2023 growing season, unless otherwise agreed upon. We would like to see the site registered with any of a number of organizations protecting pollinators, birds, native plants and native ecosystems, such as Xerces Society, Certified Wildlife Habitat, Monarch Watch, Shirley Heinze Land Trust or Wild Ones South Bend Chapter. We look forward to working with you to benefit wildlife, beautify the neighborhood and creating a valuable space for our threatened pollinators. The second and third median areas to be planted are north and west of the first area, respectively. These two additional areas are 775 sta. ft. and 1,050 sa. ft., respectively. These additional spaces will see the same species of plants installed. Prep work and labor to install will be similar, just more costly since they_ are larger gardens than the initial garden. A total of 780 plants in all three gaardens will be installed for a total cost for plants only of $1,560.00. With the addition of labor, tools, supplies, travel and prep, for the entire groject, the cost will be $4,371.00 payable u ❑n co Pletion of the installation and maintenance or by November 1, 2023. A customary 20% deposit or 875 is due prior to initial planting and the balance of $3,497 will be due upon completion or by November 1, 2023. If additional care is needed immediately, such as waterin& rabbit or deer deterrents, Naturally Native Nursery would help out for a fee. Long-term maintenance of the project will be the obligation of the neighborhood group. Naturally Native Nursery, would be available for continued maintenance with a written contract statinp, as such, if desired. Suggested Plant Species: If species are unavailable or in short supply, substitutions of comparable species Mill be provided. Butterflyweed Asclepias tuberosa Well -drained dry to moist soil. Part to full sun. Grows 2-3 ft. Spreading wide with many spectacular orange flowers. Attracts butterflies! Monarch host plant. Blooms June -August Prairie Phlox Phlox pilosa Sandy, rocky, medium to dry soil. Full to part sun. 1-2 ft. Fragrant bright pink to lavender flowers. Attracts butterflies and hummingbirds. Nice bright color. Blooms Mar -May. Black-eyed Susan Rudbeckia hirta This versatile plant is at home just about anywhere; grows in moist to very dry soil, in part to full sun. 1-3 ft tall with sunny yellow flowers. Spreads! Blooms Jun - Oct PTI � - Dotted Horsemint Monarda punctata kw+ Grows in poor, dry soils in full to part sun. 1-2 ft spikes of beautiful pink bracts 6 surround the small, yellow spotted flowers from Jul -Sept. Good butterfly attractor. 9 i,5„ Sand Coreo sis Goren sis lanceolata tA 5 Poor, sandy to average soil, part -full sun. Grows 2-2.5 ft. tall with bright yellow flowers. Attracts butterflies and other pollinators. Early, showy flowers in spring; deadhead for more blooms! May — Aug Partrid a Pea Cassia fasciculata Wit This annual readily reseeds to spread and fill in dry soil gardens or prairies. A legume, this plant will improve the soil for other plants. Beautiful, showy yellow and brown blossoms pollinated by bumblebees. 2-3 ft. May -Aug Cy lindrical Blazing Star Liafris c lindracea Dry, sandy soil in full to part sun. 1-2 ft. Pink/purple blossoms in July -Sept. Small, 0 Niz, prostrate stems with loose raceme -like inflorescence. Prairie Dropseed Sporobolis heterolepis This beautiful fountain grass grows best in moist to drier soils in full to part sun- 2MI. Reaching 2-3' this graceful grass provides valuable seed for birds Leadplant Amorpha canescens This small shrub grows in dry sand or gravel soil in full to part sun. Stunning purple flowers, tipped with gold. Attracts insects. Woody stems with hoary foliage. Grows 2-3 ft. Blooming June -Aug —r.�- ! __ - •s, rT i=� _1• Examples of Light Pole Banners ■ i i a a ■ i■i 1• ■ ■■■ i 1• . . I■ # Ll N CDLN -IDENDIX %BARK NEIGHBORHOOD ASSOCIATION Our Current Logo Design i-XI,#1 ply S I �, � •fir rf'��'.�1, �r r ��, L - '-- •. �_ "' �r •' 7�. �:f��. • � � .. - F�'' Vie• I 'y•�.-'� .•�• .. _. -.- . •i�t'�-• +L..-...a f • • � .l; � .:f• �y1 ` +� �ti yr.{+' .y�!' .(• 'ti_�.� - .. L'. •• •.�_ . sir• {S l I 1� I �mw :Vt r - }1.r�y`, • . 1 j.. - # rke E �i PR . `.+ �•'w � ••jg5.., � ""1' ?F.':�'�"�rl `:.' •i_,'"`;�'.r, 'rs. e - 7 e ',t;' 7, -��-. '•'� 1�- i.. -. _ _ � � •�� ✓ - Jay .., J - ��' y�' r .-• • � it ± f - � yr' �� '• ' .•.l� - . �' �"'ems pre.•. - _ e . 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