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Home My WebLink AboutBill No. 25-16 Sidewalk Cafe's Under the Americans with Disabilities Act1200 COtJN'I'1- CITY BumDiNG 227 XV. JAI =PERSON BOULEVARD Sourki BEND, INDIANA 46601 -1830 CRISTAL C. BRISCO CORPORATION COUNSEL CITY OF SOUTH BEND PETE BUYnGIEG, MAYOR DEPARTMENT OF LAW May 23, 2016 Mr. Tim Scott Council President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 RHONE 574/235 -9241 FAX 574/235 -7670 TI'Y 574/235 -5567 ALADEAN M. DEROSE CITY ATTomriy Re: Bill No. 25 -16 Addressing Sidewalk Cafes Under the Americans with Disabilities Act (ADA) Dear Council President Scott, On the Council's May 23 agenda for first reading is Bill No. 25 -16 which seeks to amend the South Bend Municipal Code in Chapter 21, Article 6 to ensure that sidewalk cafes are situated so as to conform to the current ADA guidelines. The purpose of this letter is to withdraw Bill No. 25 -16 at this time. The Administration will file a substantially equivalent Council Bill under a different section of the South Bend Municipal Code, resulting in a change of the current Bill's title. Thank you for accommodating this request. Sincerely, a�Aladean DeRose City Attorney Patrick C. Kerr, City Engineer Eric Horvath, Director, Public Works Filed in Clerk's Office i,�E Y 2 3 L 6 16 KAREEMAH FOWLER CITY CLERK, SOt,!-f! ± F -3E ;C, IN a pftA ELLIOT A. ANDERSON BENJAMIN J. DOUGHERTY ANDREA HUNTINGTON TASHA REED OUTLAW MICHAEL J. SCHMIDT STEPHANIE STEELE 1200 COUNTY-01Y BUI.DING 227 W. jolF 3 N BOUT IARD SOuni Btu, INI)IAnk 46601 -1830 CRISTAL C. BRISCO CORPORATION COUNSEL CITY OF SOU1 F-T BFND ' PETE BUT- nGIEG,MAYOR DEPARTMENT OF LAw May 23, 2016 Mr. Tim Scott Council President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 PHONI± 574/235 -9241 FAX 574/235 -1670 = 574/235 -5567 ALADE -AN M. Di-ROSF CITY ATTORNF,y Re: Bill No. 25 -16 Addressing Sidewalk Cafes Under the Americans with Disabilities Act (ADA) Dear Council President Scott, On the Council's May 23 agenda for first reading is Bill No. 25 -16 which seeks to amend the South Bend Municipal Code in Chapter 21, Article 6 to ensure that sidewalk cafes are situated so as.to conform to the current ADA guidelines. The purpose of this letter is to withdraw Bill No. 25 -16 at this time. The Administration will file a substantially equivalent Council Bill under a different section of the South Bend Municipal Code, resulting in a change of the current Bill's title. Thank you for accommodating this request. Sincerely, ly ''c Aladean DeRose �— City Attorney Patrick C. Kerr, City Engineer Eric Horvath, Director, Public Works Filed in Clerk's Office E:23200-116 , .3 KAREENMAH FOWLER CITY CLERK, SOUTH BEND, IN S.", PM ELLIOT A. ANDERSON BENJAMIN J. DOUGHERTY ANDREA HUNTINGTON TASHA REED OUTLAW . MICHAEL J. SCHMIDT STEPHANIE STEELE 1200 CouNTY-CiTy BunDING 227 W. JEFTERSON BOULEVARD Sou rH BEND, INDIANA 46601 -1830 CRISTAL C. BRiSCO CORPORATION COUNSEL CITY OF SOUTH BEND ' PETE BUYnGIEG, MAYOR DEPARTMENT OF LAW May 23, 2016 Mr. Tim Scott Council President, South Bend Common Council 4+h Floor, County -City Building South Bend, IN 46601 PHONE 574/235 -9241 FAX 574/235 -7670 TTY 574/235 -5567 ALADEAN M. DEROSE CITY ATTORNEY Re: Bill No. 25 -16 Addressing Sidewalk Cafes Under the Americans with Disabilities Act (ADA) Dear Council President Scott, On the Council's May 23 agenda for first reading is Bill No. 25 -16 which seeks to amend the South Bend Municipal Code in Chapter 21, Article 6 to ensure that sidewalk cafes are situated so as.to conform to the current ADA guidelines. The purpose of this letter is to withdraw Bill No. 25 -16 at this time. The Administration will file a substantially equivalent Council Bill under a different section of the South Bend Municipal Code, resulting in a change of the current Bill's title. Thank you for accommodating this request. Sincerely, Aladean DeRose �-- City Attorney Patrick C. Kerr, City Engineer Eric Horvath, Director, Public Works Filed in Clerk's office KAREEMAH FOWLER CITY CLERK, SOL' "i H SEND, IN Sa eNk ELLIOT A. ANDERSON BENJAMIN J. DOUGHERTY ANDREA HUNTINGTON TASHA REED OUTLAW MICHAEL J. SCHMIDT STEPHANIE STEELE May 18, 2016 Mr. Tim Scott Council President, South Bend Common Council 4t" Floor, County -City Building South Bend, IN 46601 Re: Ordinance Amending the South Bend Municipal Code to ensure Sidewalk Cafes do not impede accessibility for Persons with Disabilities Dear Council President Tim Scott, Attached for filing with the South Bend Common Council is an Ordinance to amend the South Bend Municipal Code at Chapter 21, Article 6, Section 21- 06.03(f)(12)(A). That subsection involves rules and regulations for sidewalk cafe permits. In particular, it defines the allowable sidewalk width to be six (6) feet. The purpose of this ordinance is to ensure that sidewalk cafes and any decorative materials or other barriers are placed so as to assure that sidewalk and pedestrian walkways meet current Americans With Disabilities (ADA) Guidelines. The United States Access Board is the federal agency that prescribes those Guidelines. Either I, or Director of Public Works Eric Horvath, will present this Bill to the Common Council at its appropriate committee meeting and at the public hearing during the Common Council's regular meeting. Thank you for your consideration of this matter. Sincerely, Patrick C. Kerr, PhD, PE City Engineer Filed in Clerk's Office L MAY 18 2016 REEMAH FOWLER CITY CLERK, SOUTH BEND, IN Ordinance No. -16 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE, CHAPTER 21, ARTICLE 6, SECTION 21- 06.03(f)(12)(A) OF THE SOUTH BEND MUNICIPAL CODE TO ASSURE SIDEWALK ACCESSIBILITY FOR PERSONS WITH DISABILITIES NEAR SIDEWALK CAFES STATEMENT OF PURPOSE AND INTENT Chapter 21, Article 6, Section 21 -06.03 of the South Bend Municipal Code (the Code) is part of the City of South Bend's Zoning Ordinance constituting the Northeast Neighborhood Development Area Overlay Zoning District and it contains subsection (f)(12)(A) involving rules and regulations for sidewalk caf6 permits. In particular, it defines the allowable width to be six (6) feet. The purpose of this ordinance is to ensure that sidewalk cafes, decorative materials and barriers are located so as to assure that sidewalk and pedestrian walkways meet current ADA guidelines prescribed by the United States Access Board. Now, Therefore, Be It Ordained by the Common Council of the City of South Bend, Indiana as follows: Section I. Chapter 21, Article 6, Section 21- 06.03(f)(12)(A) of the South Bend Municipal Code shall be amended to read in its entirety as follows: (a) Outdoor cafes and seating areas shall be so located as to maintain a-minimum u� maximum sidewalk width and clearance for wheelchair accessibility which shall exclude that portion of a sidewalk reserved for cycle tracks of bicycles. Sidewalk clearance of flat less than six fee! (6`)-at least five feet (60 inches ) is required between outdoor cafe seating structures, landscaping or other barriers and the curb or cycle track. The Public Right Way Accessibility Guidelines (PROWAG) shall be followed if more restrictive. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and any publication required by law. Member of the Common Council Attest: Kareemah Fowler, City Clerk Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana on the day of , 2016, at o'clock —.m. Kareemah Fowler, City Clerk Approved and signed by me on the day of o 'clock . M. st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFTARED PASSED Pete Buttigieg Mayor of the City of South Bend, Indiana 2 2016, at Fled in Clerk's Office MAY 87 0 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN