HomeMy WebLinkAbout10097RESOLUTION NO. 10097
A RESOLUTION APPROVING A SETTLEMENT AGREEMENT, NO. DJ 204 -13 -269 BETWEEN
THE UNITED STATES OF AMERICA AND THE CITY OF PUEBLO UNDER THE AMERICANS
WITH DISABILITIES ACT, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO
EXECUTE SAME AND THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AND SUBMIT
TO THE U.S. DEPARTMENT OF JUSTICE RELATED CERTIFICATIONS AND OTHER
DOCUMENTS REQUIRED THEREUNDER
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Settlement Agreement Between the United States of America and the City of Pueblo
Under the Americans With Disabilities Act, No. DJ 204 -13 -269, including Exhibits A through D
attached thereto (hereinafter the "Agreement "), in substantially the same form and with
substantially the same content as the copy attached hereto, is hereby approved in accordance with
its terms; provided however, that neither this Resolution nor any provision of the Agreement shall
constitute, nor be deemed to constitute, an obligation of future appropriations by the City Council,
nor a general obligation or other indebtedness or multiple - fiscal year direct or indirect City debt or
other financial obligation within the meaning of Article X, §20 of the Colorado Constitution or other
debt limitations under law.
SECTION 2.
The President of the City Council is authorized and directed to execute said Agreement in
substantially the same form and with substantially the same content as the copy attached hereto,
for and on behalf of the City, but with such minor changes, modifications, additions or deletions
therein as the President of the City Council, the City Manager and the City Attorney shall deem
necessary, desirable or appropriate in the best interests of the City, and the City Clerk shall attest
same.
SECTION 3.
The City Manager, or his designee, is hereby authorized to execute and submit to the
United States Department of Justice any all certifications, assurances, reports and other
documents required under the terms of the Agreement.
INTRODUCED April 12, 2004
BY Robert Schilling
Councilperson
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM #
DATE: April 12, 2004
DEPARTMENT: City Manager and Law Department
TITLE
A RESOLUTION APPROVING A SETTLEMENT AGREEMENT, NO. DJ 204 -13 -269
BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PUEBLO UNDER
THE AMERICANS WITH DISABILITIES ACT, AUTHORIZING THE PRESIDENT OF THE
CITY COUNCIL TO EXECUTE SAME AND THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AND SUBMIT TO THE U.S. DEPARTMENT OF JUSTICE RELATED
CERTIFICATIONS AND OTHER DOCUMENTS REQUIRED THEREUNDER
ISSUE
Should the City Council approve the Settlement Agreement with the U.S. Department of
Justice?
RECOMMENDATION
This office recommends approval of the Settlement Agreement.
BACKGROUND
In the fall of 2002, the United States Department of Justice ( "DOJ ") undertook a
compliance audit of City of Pueblo facilities and programs pursuant to its responsibilities
under the Americans With Disabilities Act of 1990 ( "ADA ") and §504 of the rehabilitation
Act of 1973. Based upon the audit, in early 2003 the DOJ tendered to the City a
confidential draft Settlement Agreement pursuant to the ADA's provisions requiring DOJ
to negotiate and secure voluntary compliance agreements wherever possible.
With direction from City Council, City staff negotiated a settlement agreement with the DOJ
which would render the City's facilities accessible over a seven (7) year schedule which
was necessary in order to budget and fund major renovation work, including renovating
bathrooms at several facilities and replacing the pool houses at three City swimming pools.
Because of the poor condition of the pool houses, replacement with new ADA compliant
facilities was determined by Staff to be a better solution than making the substantial
expenditures required to make these inadequate facilities ADA compliant. Though not
required by the Agreement, a fourth pool house will thereafter need to be replaced since
it suffers from the same deficiencies as the others.
One of the issues originally raised by DOJ concerned its interpretation regarding
installation of curb ramps in association with overlay paving. The Public Works
Department had estimated a cost of approximately $20 million if this was required.
Because the City and DOJ have not been able to resolve this issue, it is not addressed by
the Settlement Agreement except for statements that the parties will continue discussions
and address the curb ramp issues at a later date.
FINANCIAL IMPACT
For FY 2003, $193,000 of CDBG funds had been appropriated for public building
modifications required by the Settlement Agreement, and this work is in progress. For FY
2004, $400,000 has been appropriated for installation of curb ramps, though such work is
not required by the Agreement, toward good faith compliance with the ADA. (The City
further anticipates budgeting $400,000 of CDBG funds each year for curb ramps in the
future, though not required by the Agreement). Additionally, the City anticipates needing
to expend an estimated $300,000 of Conservation Trust Funds (Lottery) every other year
to replace three pool bathhouses within seven years as called for by the Settlement
Agreement. As indicated above, replacement of the fourth bath house would require
expenditure of an additional $300,000 in years eight or nine.
The Agreement also provides for either closure of the El Centro del Quinto Sol Community
Center or, within three years, making that facility ADA compliant. Demolition of this facility
appears to be the only viable alternative at this time due to the estimated cost of making
this facility ADA compliant. No plans have been made at this time to expend funds to
undertake the necessary repairs, nor to replace that facility. Replacement with a new
freestanding facility may cost approximately $1 million to $1.5 million. Another alternative
would be to consolidate the replacement with a proposed community center north of Lake
Elizabeth which is presently being considered for federal funding.
SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
0
THE CITY OF PUEBLO
UNDER THE AMERICANS WITH DISABILITIES ACT
DJ 204 -13 -269
BACKGROUND
SCOPE OF THE INVESTIGATION
r— The United States Department of Justice ( "Department ") initiated this matter as a
compliance review of the City of Pueblo, a Municipal Corporation ( "City ") under title II of the
Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131- 12134, and the
Department's implementing regulation, 28 C.F.R. Part 35. Because the City receives financial
assistance from the Department of Justice, the review was also conducted under the authority of
section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department's
implementing regulation, 28 C.F.R. Part 42, Subpart G.
. The review was conducted by the Disability Rights Section of the Department's Civil
Rights Division and focused on the City's compliance with the following title II requirements:
to conduct a self - evaluation of its services, policies, and practices by July 26, 1992, and
make modifications necessary to comply with the Department's title 11 regulation, 28
C.F.R. § 35.105;
to notify applicants, participants, beneficiaries, and other interested persons of their rights
and the City's obligations under title 11 and the Department's regulation, 28 C.F.R.
§ 35.106;
to designate a responsible employee to coordinate its efforts to comply with and carry out
the City's ADA responsibilities, 28 C.F.R. § 35.107(a);
to establish a grievance procedure for resolving complaints of violations of title II, 28
C.F.R. § 35.107(b);
to operate each program, service, or activity so that, when viewed in its entirety, it is
readily accessible to and usable by individuals with disabilities, 28 C.F.R. § 35.150, by:
delivery of services, programs, or activities in alternate ways, including, for
example, redesign of equipment, reassignment of services, assignment of aides,
home visits, or other methods of compliance or, if these methods are not effective
in making the programs accessible,
physical changes to buildings (required to be made by January 26, 1995), in
accordance with the Department's title II regulation, 28 C.F.R. § 35.151, and the
ADA Standards for Accessible Design (Standards), 28 C.F.R. pt. 36, App. A, or
the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101 -19.6, App.
A.
• to ensure that facilities for which construction or alteration was begun after January 26,
1992, are readily accessible to and usable by people with disabilities, in accordance with
1) the Department's title II regulation and 2) the Standards or UFAS, 28 C.F.R. § 35.151;
to ensure that communications with applicants, participants, and members of the public
with disabilities are as effective as communications with others, including furnishing
auxiliary aids and services when necessary, 28 C.F.R. § 35.160;
• where the City communicates by telephone, to communicate through a teletypewriter
(TTY), or other equally effective telecommunications system, with individuals who have
hearing or speech impairments, 28 C.F.R. § 35.161;
• to provide direct access via TTY or computer -to- telephone emergency services, including
9 -1 -1 services, for persons who use TTY's and computer modems, 28 C.F.R. § 35.162;
• to provide information for interested persons with disabilities concerning the existence
and location of the City's accessible services, activities, and facilities, 28 C.F.R.
§ 35.163(a);
• to provide signage at all inaccessible entrances to each of its facilities, directing users to
an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).
As part of its compliance review, the Department reviewed the following City facilities,
which — because construction or alterations commenced after January 26, 1992 — must comply
with the ADA's new construction or alterations requirements: Historic Arkansas Riverwalk of
Pueblo, Public Works Facility, Irving Place Park, Wild Horse Park, J.J. Raigoza Park, Dittmer
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Park, Police Department, Elmwood Golf Course, Mineral Palace Greenhouse, Air Museum,
Pueblo Animal Services, City Hall, City Park Pavilion, City Park Annex, Court, and Park Zoo.
The Department's program access review covered those of the City's programs, services,
and activities that operate in the following facilities: Joseph Edwards Senior Center, Mitchell
Park Pool, Mineral Palace Park, Stauter Field, Langoni Sports Complex, Minnequa Park,
University Park, Sunset Park, Vinewood Park, Pueblo Plaza -Ice Arena, Swimming
Pool/Bathhouse at Mineral Palace Park, El Centro del Quinto Sol Community Center, Beckwood
Park.
The Department reviewed the City's policies and procedures regarding voting, emergency
management and disaster prevention, and sidewalk maintenance to evaluate whether persons
with disabilities have an equal opportunity to utilize these programs.
Finally, the Department reviewed the City's Police Department's policies and procedures
regarding providing effective communication to persons who are deaf or hard -of- hearing.
JURISDICTION
1. The ADA applies to the City because it is a "public entity" as defined by title II. 42
U.S.C. § 12131(1).
2. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to determine the
compliance of the City with title II of the ADA and the Department's implementing title 11
regulation, to issue findings, and, where appropriate, to negotiate and secure voluntary
compliance agreements. Furthermore, the Attorney General is authorized, under 42
U.S.C. § 12133, to bring a civil action enforcing title H of the ADA should the
Department fail to secure voluntary compliance pursuant to Subpart F.
3. The Department is authorized under 28 C.F.R. Part 42, Subpart G, to determine the City's
compliance with section 504 of the Rehabilitation Act of 1973, to issue findings, and,
where appropriate, to negotiate and secure voluntary compliance agreements.
Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R.
§§ 42.530 and 42.108 -110, to suspend or terminate financial assistance to the City
provided by the Department of Justice should the Department fail to secure voluntary
compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the
United States under applicable federal, state, or local law.
4. The parties to this Agreement are the United States of America and the City of Pueblo.
5. In order to avoid the burdens and expenses of an investigation and possible litigation, the
parties enter into this Agreement; however, by doing so, the City of Pueblo does not
admit to any past wrongdoing, nor violation of law or applicable regulations.
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6. In consideration of, and consistent with, the terms of this Agreement, the Attorney
General agrees to refrain from filing a civil suit in this matter regarding all matters
contained within this Agreement, except as provided in the section entitled "Enforcement
and Implementation."
ACTIONS TAKE BY THE CITY
The City has a designated ADA Coordinator. Grievances are brought to the attention of
the Coordinator who then works towards a resolution of the matter.
8. The ADA Task Force assisted the City in 1992 to conduct a self - evaluation and develop a
transition plan. In order to ensure that the programs offered at City facilities are readily
accessible to and usable by individuals with mobility impairments, the City quickly
increased the number of designated accessible parking spaces, installed curb ramps in
some locations, and widened doors at many City parks and the Police Department.
9. The Communications Division of the Police Department where 9 -1 -1 calls are received,
is equipped with TTY computer consoles at each call station. The Police Department has
developed procedures for answering 9 -1 -1 calls that include training all call takers to use
a TTY to take 9 -1 -1 calls, to recognize a "silent' open line as a potential TTY call and
respond by TTY, and to ensure that TTY calls are answered as quickly as other calls
�^ received.
10. The City does not discriminate on the basis of disability in its hiring or employment
practices.
REMEDIAL ACTION
NOTIFICATION
11. Within two months of the effective date of this Agreement, the City will adopt the
attached notice (Attachment A); distribute it to all agency heads; publish the Notice in a
local newspaper of general circulation serving the City; post the Notice on its Internet
Home Page; and post copies in conspicuous locations in its public buildings. It will
refresh the posted copies, and update the contact information contained on the Notice, as
necessary, for the life of the Agreement. Copies will also be provided to any person upon
request.
12. Within six months of the effective date of this Agreement, and annually thereafter until
the Agreement terminates, the City will implement and report to the Department its
written procedures for providing information for interested persons with disabilities
na
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concerning the existence and location of the City's accessible programs, services, and
activities.
GRIEVANCE PROCEDURE
13. Within two months of the effective date of this Agreement, the City will adopt the
attached ADA Grievance Procedure (Attachment B), distribute it to all agency heads, and
post copies of it in conspicuous locations in each of its public buildings. It will refresh
the posted copies, and update the contact information contained on it, as necessary, for
the life of the Agreement. Copies will also be provided to any person upon request.
ADA ADVISORY COMMITTEE
14. Not later than 60 days from the effective date of this Agreement, the City Manager will
appoint an ADA Advisory Committee whose members shall be residents of the City and
who shall be chosen because they are generally representative of the disabled community.
15. The ADA Advisory Committee will assist the City by providing recommendations to the
City Manager for making City programs and facilities more accessible and providing
recommendations concerning priorities for expenditure of funds.
GENERAL EFFECTIVE COMMUNICATION PROVISIONS
16. Within two months of the effective date of this Agreement, the City, through the office of
City Clerk, will identify sources of qualified sign language and oral interpreters, real -time
transcription services, and vendors that can put documents in Braille, and will implement
and report to the Department its written procedures, with time frames, for fulfilling
requests from the public for interpreters, real -time transcription services, and documents
in alternate formats (Braille, large print, cassette tapes, etc.).
17. The City will publicize its central TTY telephone number on the same basis as its voice
number, through its inclusion on City letterhead that is ordered, City publications that
appear, and the first reprinting of the local telephone book that takes place after the
effective date of this Agreement. Such publication will include an explanation that the
TTY number functions as a TTY number for all City offices and will be reiterated in
subsequent publications and local telephone book editions for the life of this Agreement.
18. Within two months of the effective date of this Agreement, the City will implement and
report to the Department its written procedures designed to ensure that TTY calls are
returned by the appropriate City official by TTY on the same day as the call is received,
provided that the call is received before 1:30 pm prevailing local time; if a call is received
after 1:30 pm, it should be returned by noon of the following day. If the caller's questions
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or concerns cannot be handled promptly, the procedures will require a City employee to
communicate with the caller on the same day in order to establish a time frame for the
call -back.
19. The City will take steps to ensure that all appropriate employees are trained and practiced
in using a TTY and the Colorado Relay Service to make and receive calls and that its
TTY's are maintained in good working order through test calls every six months for the
life of this Agreement.
9 -1 -1
20. The City will incorporate correct TTY call- taking procedures into 9 -1 -1 call takers'
performance evaluations and will amend its personnel policies to include written
disciplinary procedures for call takers who fail to perform TTY call - taking consistent
with the training and procedures. The City will implement and report to the Department
its evaluation and procedures within three months of the effective date of this Agreement.
LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION
21. Within two months of the effective date of this Agreement, the City will adapt for its own
use and implement the Pueblo Police Department's Policy Statement on Effective
Communication with People Who are Deaf or Hard of Hearing (Attachment C) and
distribute to all police officers the Guide for Law Enforcement Officers When in Contact
with People Who are Deaf or Hard of Hearing (Attachment D).
22. Within two months of the effective date of this Agreement, the City will contract with,
under the supervision of the City Clerk, one or more local qualified oral/sign language
interpreter agencies to ensure that the interpreting services will be available (for and on
behalf of all City Departments) on a priority basis, twenty-four hours per day, seven days
a week, or make other appropriate arrangements (such as contracting directly with or
hiring qualified interpreters).
23. Within one month of the effective date of this Agreement, the City will ensure that each
police station or substation, if any, is equipped with a working TTY (text telephone) to
enable persons who are deaf, hard of hearing, or who have speech impairments to make
outgoing telephone calls.
SIDEWALKS
24. Within three months of the effective date of this Agreement, the City will implement and
report to the Department its written process for soliciting and receiving input from
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persons with disabilities regarding the accessibility 4 its sidewalks, including, for
example, requests to add curb cuts at particular locations.
25.
26. Discussions between the City and the Department are ongoing on the issue of making
modifications to existing or previously altered sidewalks, as well as any sidewalks to be
constructed or altered in the future, throughout the City to make them accessible to people
with disabilities, i.e., by adding curb ramps at particular locations. This issue will be
addressed later in a separate Agreement. Nothing in this Agreement limits the
Department from enforcing the ADA with respect to sidewalk accessibility.
PHYSICAL CHANGES TO FACILITIES
27. Discussions between the City and the Department are ongoing on the issue of making
modifications to sidewalks throughout the City to make them accessible to people with
disabilities, i.e., adding curb ramps at particular locations. This issue will be addressed
later in a separate Agreement. Nothing in this Agreement limits the Department from
enforcing the ADA with respect to sidewalk accessibility.
28. To the extent elements or features of the City's facilities do not comply with the
Standards, such conditions could prevent persons with disabilities from fully and equally
enjoying the City's services, programs, or activities and could under certain
circumstances result in discrimination on the basis of disability within the meaning of 42
U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150.
29. The City will comply with the cited provisions of the Standards when taking the actions
required by this Agreement.
30. Within three months of the effective date of this Agreement, the City will install signage
as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities
that are the subject of this Agreement for the purpose of identifying those that have
multiple entrances not all of which are accessible.
Newly Constructed Facilities: In order to ensure that the following spaces and elements in
City facilities, for which construction was commenced after January 26, 1992, are readily
accessible to and usable by persons with disabilities, the City will take the following
actions:
31. Historic Arkansas Riverwalk of Pueblo (HARP)
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10-
Within one month of the effective date of this Agreement, the City will request in writing
that the HARP Authority complete the following modifications to the Historic Arkansas
Riverwalk of Pueblo within one year of the effective date of this Agreement. The request
will specify that the remediation be completed within one year of the effective date of this
Agreement. The City will simultaneously send a courtesy copy of the request to the
Department:
a. Signage
1. There is no signage directing users to the accessible toilet rooms. Provide signs
directing users to the location of the accessible toilet rooms. §§ 4.1.3(16)(b),
4.30.1, 4.30.2, 4.30.3, 4.30.5.
b. Women's Toilet Room - Third Floor
1. The centerline of the toilet is located 19 /z inches from the side wall. Provide a
toilet so that the centerline is exactly 18 inches from the side wall. §§ 4.1.3(11),
4.22.4,4. & Fig. 28.
2. The diaper changing station is 36 inches from the surface of the floor. Provide a
station that has atop surface 28 to 34 inches above the finish floor. §§4.1.3(18),
4.32.4.
C. Counter
The top of the cashier's counter is 40 3 /4 inches above the finish floor. Provide a
counter that is at least 36 inches wide and no more than 36 inches high; or provide
an auxiliary counter with a maximum height of 36 inches; or provide equivalent
facilitation (e.g., by offering those services at an accessible location for
individuals who use wheelchairs). § §4.1.3(12), 7.2(2).
32. Wild Horse Park
The City will complete the following modifications to Wild Horse Park within one year
of the effective date of this Agreement:
a. Playground
The playground equipment lacks an accessible route from the sidewalk or the
street. Provide an accessible route to at least one piece of accessible play
equipment in the playground that complies with the Standards. §§ 4.1.2(1), 4.3,
4.5.
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2. The basketball court lacks an accessible route from the sidewalk or the street.
Provide an accessible route to the basketball court that complies with the
Standards. §§ 4.1.2(1), 4.3, 4.5.
The pavilion lacks an accessible route from the sidewalk or the street. Provide an
accessible route to the pavilion that complies with the Standards. §§ 4.1.2(1), 4.3,
4.5.
b. Men's and Women's Toilet Rooms
The designated accessible stall in the men's and women's toilet rooms does not
comply with the Standards. Provide a "standard" accessible toilet stall at least 60
inches wide and 59 inches deep (56 inches if toilet is wall mounted) in the each
room such that all of the stall's elements, including stall door, stall door hardware,
water closet, size and arrangement, toe clearances, grab bars, controls and
dispensers comply with the Standards. §§ 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(a),
4.22.4, 4.22.7, 4.26, 4.27.
33. J.J. Raigoza Park
The City will complete the following modifications to J.J. Raigoza Park within one year
of the effective date of this Agreement:
a. Playground
The playground equipment lacks an accessible route from the sidewalk or the
street. Provide an accessible route into the playground that complies with the
Standards. §§ 4.1.2(1), 4.3, 4.5.
34. Dittmer Park
The City will complete the following modifications to Dittmer Park within one year of
the effective date of this Agreement:
a. Playground
The playground equipment lacks an accessible route from the sidewalk or the
street. The curb ramp configuration exceeds the maximum allowable slope.
Provide a curb ramp with a slope of not more than 1:12 with an accessible route to
at least one piece of accessible play equipment in the playground that complies
with the Standards. §§ 4.3, 4.5, 4.7.2, 4.8.2.
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i^
Altered Facilities: In order to Provide that the following spaces and elements in City
facilities, for which alterations commenced after January 26, 1992, are readily accessible to
and usable by persons with disabilities, the City will take the following actions:
35. City Hall - On Historical Registry
The City will take the following actions within three years of the effective date of this
Agreement, except as provided below:
a. I Drinking Fountain
The drinking fountains are not usable by individuals who have difficulty bending
or stooping. Provide a drinking fountain at a height convenient for those who
have difficulty bending. § 4.1.3(10)(a).
b. Finance Cashier Counter
1. The top of the service counter is 42 1 /2 inches above the finished floor. Provide a
counter that is at least 36 inches wide and no more than 36 inches high; or provide
an auxiliary counter with a maximum height of 36 inches; or provide equivalent
facilitation (e.g., by offering those services at an accessible location for
individuals who use wheelchairs). § 4.1.6(1)(b), 7.2(2).
C. Council Chambers
The council chambers have no assistive listening system available. Provide a
permanent assistive listening system or an adequate number of electrical outlets or
other supplementary wiring in the room necessary to support a portable assistive
listening system, with a minimum number of receivers provided equal to 4% of
the total number of seats but no less than six receivers, and signage indicating the
availability of a listening system. §§ 4.1.3(19)(b), 4.1.6(1)(b), 4.30.7(4), 4.33.
2. Within 30 days of obtaining the assistive listening system, develop and implement
a policy governing the use and maintenance of the assistive listening transmitters
and the assistive listening system receivers. This policy must allow for use of the
assistive listening system in the Council Chambers whenever requested by a
person with a hearing inpairment and must allow for use of the receivers at no
charge. It must also specify that the system and the receivers be maintained and
implement specific measures for doing so.
3. Within 30 days of obtaining the assistive listening system, train all City Clerk
employees in the set up, use and routine maintenance of the assistive listening
system. In addition, within said period, train these employees on the policies
governing use of the system and receivers.
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QA
d. Employment & Department of Human Resources /Office of the Civil Service
Commission
The door to the Department of Human Resources/Office of the Civil Service
Commission has a knob hardware. Provide accessible hardware that is easy to
grasp with one hand and does not require tight 9
rasping, tight pinching, or
twisting of the wrist to operate. Lever- operated mechanisms, push -type
mechanisms, and U- shaped handles are accessible designs. §§ 4.1.6(1)(b),
4.1.3(7), 4.13.9.
2. The top of the service counter is 41 '/2 inches above the finish floor. Provide a
counter that is at least 36 inches wide and no more than 36 inches high; or provide
an auxiliary counter with a maximum height of 36 inches; or provide equivalent
facilitation (e.g., by offering those services at an accessible location for
individuals who use wheelchairs). §§ 4.1.6(1)(b), 7.2(2).
e. Sales Tax & Business License Office
1. The top of the service counter is 44 inches above the finished floor. Provide a
counter that is at least 36 inches wide and no more than 36 inches high; or Provide
an auxiliary counter with a maximum height of 36 inches; or provide equivalent
facilitation (e.g., by offering those services at an accessible location for individuals
who use wheelchairs). §§ 4.1.6(1)(b), 7.2(2).
f. Unisex Toilet Room - Basement
Due to the physical limitations in this historic building, it is infeasible to render the
existing basement Men's and Women's Toilet Rooms fully accessible.
Consequently, as recommended by the ADA Advisory Committee established
under paragraph 14 of this Agreement, within ninety (90) days of the effective date
of this Agreement, City shall construct a fully accessible Unisex Restroom in the
basement of City Hall complying with the Standards.
h. Auditorium
1. There are no wheelchair locations in the orchestra seating in the auditorium.
Provide fifteen wheelchair locations in the orchestra seating area that are an
integral part of the fixed seating plan, adjoin an accessible route, have an adjacent
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i— fixed companion seat, and that have lines of sight comparable to those for the
general public in compliance with the Standards. §§ 4.1.6(1)(b), 4.1.3(19)(a), 4.3,
4.5, 4.33 & Fig.46.
2. The auditorium has no assistive listening system available. Provide a permanent
assistive listening system or an adequate number of electrical outlets or other
supplementary wiring in the room necessary to support a portable assistive
listening system, with a minimum number of receivers Provided equal to 4% of the
total number of seats but no less than 20 receivers, and signage indicating the
availability of a listening system. §§ 4.1.3(19)(b), 4.1.6(1)(b), 4.30.7(4), 4.33.
3. Within 30 days of obtaining the assistive listening system, develop and implement
a policy governing the use and maintenance of the assistive listening and the
assistive listening system receivers. This policy must allow for use of the assistive
listening system in the auditorium whenever requested by a person with a hearing
impairment and must allow for use of the receivers at no charge. It must also
specify that the system and the receivers be maintained and implement specific
measures for doing so.
4. Within 30 days of obtaining the assistive listening system, train all employees who
deal with the use of the auditorium in the set up, use and routine maintenance of
the assistive listening system. In addition, these employees must be trained on the
policies governing use of the system and receivers.
36. Public Works Building
The City will complete the following modifications to Public Works Building within the
specified number of years of the effective date of this Agreement as stated below:
a. Counters
1. The front office has two service counters. One counter is 42 inches above the
finish floor, and the second counter is 43 inches above the finish floor. Within two
years of the effective date of this Agreement, provide a counter that is at least 36
inches wide and no more than 36 inches high; or provide an auxiliary counter with
a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering
those services at an accessible location for individuals who use wheelchairs).
§ 7.2(2).
b. Unisex Toilet Room
A—
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1. The spaces and elements within the unisex toilet room do not comply with the
Standards. Within three years of the effective date of this Agreement, provide an
accessible "unisex" toilet room identified by the International Symbol of
Accessibility on an accessible route so that all of the spaces and elements,
including the room identification signage, entry door, clear floor space, turning
space, accessible route, water closet, urinal (if provided), grab bars, lavatory,
mirror, and controls and dispensers comply with the Standards. §§ 4.1.6(3)(e)(i),
4.1.2(7)(d), 4.2, 4.3, 4.16 and Figs 28 & 29, 4.19 and Figs. 31 & 32, 4.22, 4.25,
4.26, 4.27, 4.30.
2. Install signs at the inaccessible toilet rooms and in conspicuous places directing
users to the location of the accessible toilet room. §§ 4.1.6(3)(e)(iii), 4.1.3(16)(b),
4.30.1, 4.30.2, 4.30.3, 4.30.5.
C. Public Works Meeting Room
1. The entrance door to the meeting room has knob hardware. Provide hardware that
is easy to grasp with one hand and does not require tight grasping, pinching, or
twisting of the wrist to operate. §§ 4.1.3(7)(b), 4.13.9.
d. Land Use Administration Office
The top of the service counter is 42 inches above the finish floor. Provide a
counter that is at least 36 inches wide and no more than 36 inches high; or provide
an auxiliary counter with a maximum height of 36 inches; or provide equivalent
facilitation (e.g., by offering those services at an accessible location for individuals
who use wheelchairs). § 7.2(2).
e. Department of Public Works - Street Division
The top of the service counter is 42 inches above the finish floor. Provide a
counter that is at least 36 inches wide and no more than 36 inches high; or provide
an auxiliary counter with a maximum height of 36 inches; or provide equivalent
facilitation (e.g., by offering those services at an accessible location for individuals
who use wheelchairs). § 7.2(2).
37. Park Zoo
The City will complete the following modifications to Park Zoo within 2 years of the
effective date of this Agreement:
raa
a. Women's Toilet Room - First Floor
Page 13 of 48
1. The toilet room identification sign is mounted below 60 inches. Provide a sign on
the wall adjacent to the latch side of the door so that the centerline of the sign is 60
inches above the finished floor. §§ 4.1.6.(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4,
4.30.5, 4.30.6.
2. The centerline of the toilet is located 20 1 /2 inches from the side partition. Provide
a toilet so that the centerline is exactly 18 inches from the side wall. §§ 4.1.6(1)(b),
4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a).
3. The toilet paper dispenser in the designated accessible stall is located above the
side grab bar and is 40 inches from the finished floor. Provide a dispenser so that
it is below the side grab bar and the farthest edge of the toilet paper roll is no more
than 36 inches from the back wall with its centerline no less than 19 inches from
the finished floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.6, 4.17.3 & Fig. 30(d),
4.2.6.
4. Provide visual and audible fire alarms in the women's toilet room. §§ 4.1.3(14),
4.1.6(1)(b), 4.28.
b. Men's Toilet Room - First Floor
The toilet paper dispenser in the designated accessible stall is located 40 inches
from the finished floor and 31 1 /i inches from the back wall. Provide a dispenser so
that it is below the side grab bar and the farthest edge of the toilet paper roll is no
more than 36 inches from the back wall with its centerline no less than 19 inches
from the finished floor. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.6, 4.17.3 & Fig.
30(d), 4.2.6.
2. There is no visual fire alarm in the men's toilet room. Provide a visual fire alarm.
§§ 4.1.3(14), 4.1.6(1)(b), 4.28.
C. Eco Center
1. Women's Toilet Room
(a) There is no sign designating the women's toilet room as accessible. Provide a sign
using raised letters and Braille on the wall adjacent to the latch side of the door so
that the centerline of the sign is 60 inches above the finished floor and a person can
approach within 3 inches of the sign without encountering protruding objects or
standing within the swing of a door. §§ 4.1.3(16)(a), 4.1.6(1)(b), 4.30.1, 4.30.4,
4.30.5, 4.30.6.
Page 14 of 48
(b) The hot water and drain pipes beneath the lavatory are not insulated or configured
to protect against contact. Insulate or otherwise configure the hot water and drain
pipes to protect against contact. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.4.
(c) The mirror in the toilet room is mounted so that the bottom edge of the reflecting
surface is 45'/2 inches above the finished floor. Provide a mirror that is mounted
with the bottom edge of the reflecting surface no higher than 40 inches above the
finished floor. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.
(d) The single stall door has a minimum clear opening of 20 inches. Provide a
minimum clear opening of at least 32 inches measured from the face of the door to
the opposite door stop with the door open 90 degrees. §§ 4.13(11), 4.1.6(1)(b),
4.22.4, 4.17.5, 4.13.5.
(e) The top of the toilet seat measures 15 inches above the finished floor. Provide a
toilet with a seat between 17 and 19 inches above the finished floor. §§ 4.1.3(11),
4.1.6(1)(b), 4.22.4, 4.17.3 & Fig.30(d).
(fj The centerline of the toilet is located 21 1 /2 inches from the side wall. Provide a
toilet so that the centerline is exactly 18 inches from the side wall. §§ 4.1.3(11),
4.1.6(1)(b), 4.22.4, 4.17.3 & Fig. 30(a).
/-. (g) The toilet paper dispenser is located 25 inches from the finished floor and 42
inches from the back wall. Provide a dispenser so that it is below the side grab bar
and the farthest edge of the toilet paper roll is no more than 36 inches from the
back wall with its centerline no less than 19 inches from the finished floor.
§§ 4.1.3(11), 4.1.6(1)(b), 4.16.6, 4.17.3 & Fig. 30(d), 4.2.6, 4.22.4.
2. Men's Toilet Room
(a) There is no sign designating the men's toilet room as accessible. Provide a sign
with raised letters and Braille on the wall adjacent to the latch side of the door so
that the centerline of the sign is 60 inches above the finished floor and a person can
approach within 3 inches of the sign without encountering protruding objects or
standing within the swing of a door. §§ 4.1.3(16)(a), 4.1.6(1)(b), 4.30.1, 4.30.4,
4.30.5, 4.30.6.
(b) The pressure required to open the door to the men's toilet room is 19 pounds.
Ensure that the force required to open the door is no more than 5 pounds.
§§ 4.1.3(7)(b), 4.1.6(1)(b), 4.22.2, 4.13.11(2)(b).
(c) The hot water and drain pipes beneath the lavatory are not insulated or configured
to protect against contact. Insulate or otherwise configure the hot water and drain
pipes to protect against contact. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.4.
Page 15 of 48
(d) The mirror in the toilet room is mounted so that the bottom edge of the reflecting
i^ surface is 49 3 /4 inches above the finished floor. Provide a mirror that is mounted
with the bottom edge of the reflecting surface no higher than 40 inches above the
finished floor. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.
(e) The door coat hook in the designated accessible stall is located 56 inches above the
floor. Provide a hook that is no more than 54 inches above the finished floor for a
side reach or 48 inches above the finished floor for a front reach.
§§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.3, 4.2.5, 4.2.6.
(f) The top of the toilet seat measures 15 inches above the finished floor. Provide a
toilet with a seat between 17 and 19 inches above the finished floor. §§ 4.1.3(11),
4.1.6(1)(b), 4.22.4, 4.17.3 & Fig.30(d).
(g) The toilet paper dispenser is located 25 inches from the finished floor and 39'/2
inches from the back wall. Provide a dispenser so that it is below the side grab bar
and the farthest edge of the toilet paper roll is no more than 36 inches from the
back wall with its centerline no less than 19 inches from the finished floor and the
paper outlet at least 9 inches above the floor. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4,
4.16.6, 4.17.3 & Fig. 30(d), 4.2.6.
(h) The rim of the urinal in the men's room is 24 1 /2 inches above the finished floor.
�-. Provide a urinal with an elongated rim no higher than 17 inches above the finished
floor. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.5, 4.18.2.
d. Pioneer Ranch
The path to the exhibit has an uneven surface. Provide an accessible route to the
exhibit with a surface that is stable, firm, and slip resistant. §§ 4.1.2(2), 4.1.6(1)(b),
4.3.6, 4.5.1.
e. Petting Zoo
1. The path to the exhibit has an uneven surface. Provide an accessible route to the
exhibit with a surface that is stable, firm, and slip resistant. §§ 4.1.2(2), 4.1.6(1)(b),
4.3.6, 4.5.1.
f. Cold Blooded Creatures Exhibit
1. Accessible route
(a) The path to the entrance to the exhibit has an uneven surface. Provide an
accessible route to the exhibit with a surface that is stable, firm, and slip resistant.
§§ 4.1.2(2), 4.1.6(1)(b), 4.3.6, 4.5.1.
1 � 2. Men's Toilet Room
Page 16 of 48
(a) The toilet room door has knob hardware. Provide accessible hardware that is easy
to grasp with one hand and does not require tight grasping, tight pinching, or
twisting of the wrist to operate. Lever- operated mechanisms, push -type
mechanisms, and U- shaped handles are accessible designs. §§ 4.1.3(7)(b),
4.1.6(1)(b), 4.22.2, 4.13.9.
(b) The rear grab bar in the designated accessible stall is 32 inches long, the space
between the wall and the rear grab bar is 3 inches, and the rear grab bar is 1 inch in
diameter. Provide a rear grab bar that is at least 36 inches long with the end closer
to the side wall mounted no more than 6 inches from the side wall, 1 1 /4 to 1 1 /2
inches in diameter, and exactly 1 1 /z inches from the wall. §§ 4.1.3(11), 4.1.6(1)(b),
4.22.4, 4.17.6 & Fig. 30(c), 4.26.2 & Fig. 39(a), (b), (c), (e).
(c) The side grab bar in the designated accessible stall is 32 inches long, and is
located 15 inches from the back wall. The space between the wall and the side
grab bar is 3 inches, and the side grab bar is 1 inch in diameter. Provide a side
grab bar that is at least 36 inches long with the end closer to the side wall mounted
no more than 6 inches from the side wall, 1 1 /4 to 1 1 /z inches in diameter, and
exactlyl 1 /i inches from the wall. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.4, 4.26.2 &
Fig. 39(a), (b), (c), (e), 4.17.6 & Fig. 30(a).
(d) The rim of the urinal in the men's room is 25 inches above the finished floor.
Provide a urinal with an elongated rim no higher than 17 inches above the finished
floor. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.5, 4.18.2.
g. Drinking Fountain
Access to the drinking fountain is not provided. Provide a clear floor space of 30
inches by 48 inches at the drinking fountain. §§ 4.2.4.1, 4.3.2(2).
h. Women's Toilet Room
1. There is no sign designating the women's toilet room as accessible. Provide a sign
with raised letters and Braille on the wall adjacent to the latch side of the door so
that the centerline of the sign is 60 inches above the finished floor and a person can
approach within 3 inches of the sign without encountering protruding objects or
standing within the swing of a door. §§ 4.1.3(16)(a), 4.1.6(1)(b), 4.30.1, 4.30.4
4.30.5, 4.30.6.
2. The toilet room door has twist hardware. Provide accessible hardware that is easy
to grasp with one hand and does not require tight grasping, tight pinching, or
twisting of the wrist to operate. Lever - operated mechanisms, push -type
mechanisms, and U- shaped handles are accessible designs. §§ 4.1.3(7)(b),
4.1.6(1)(b), 4.22.2, 4.13.9.
r
Page 17 of 48
3. The rear grab bar is not accessible. Provide a 36 inch long rear grab bar mounted 6
inches from the side wall. § 4.17.3.
4. The side grab bar in the designated accessible stall is 32 inches long, and is
located 17 inches from the back wall and 39 inches above the finished floor. The
space between the wall and the side grab bar is 3 inches. Provide a side grab bar
that is at least 40 inches long with the end closest to the back wall begins no more
than12 inches from the back wall, 33 to 36 inches above the finished floor, and
exactly V2 inches from the wall. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.26.2 & Fig.
39(e), 4.17.6 & Fig. 30(a).
5. The toilet paper dispenser is located 28 inches from the finished floor and 43
inches from the back wall. Provide a dispenser so that it is below the side grab bar
and the farthest edge of the toilet paper roll is no more than 36 inches from the
back wall with its centerline no less than 19 inches from the finished floor.
§§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.6, 4.17.3 & Fig. 30(d), 4.2.6.
6. The toilet flush control is not mounted on the transfer approach side of the toilet.
Provide a flush control mounted on the wide side of toilet are no more than 44
inches above the floor. § 4.16.5.
38. Municipal Court Building
The City will complete the following modifications to the Municipal Court Building
within four years of the effective date of this Agreement:
a. Accessible Parking
1. There are two designated accessible parking spaces, one is identified as "van
accessible" but none is served by an adjacent access aisle. Provide an access aisle
at least 96 inches wide. §§ 4.1.2(5), 4.1.6(1)(b), 4.3, 4.6.3 & Fig. 9,4.6.4.
2. The signs designating the accessible parking spaces are mounted such that they can
be obscured by a vehicle parked in the spaces. Provide accessible signage that
cannot be obscured by a vehicle parked in the space. §§ 4.1.6(1)(b), 4.1.2(5)(a),
4.6.4.
b. Entrance
1. The door to the court building has a clear opening width of 31 inches. Provide a
doorway with a minim clear opening width of at least 32 inches measured from
the face of door to the opposite door stop with the door open 90 degrees.
§§ 4.1.3(7)(a), 4.1.6(1)(b), 4.13.5 & Fig.24.
Page 18 of 48
le—, ' C. Counter
The top of the service counter is 42 inches above the finished floor. Provide a
counter that is at least 36 inches wide and no more than 36 inches high; or provide
an auxiliary counter with a maximum height of 36 inches; or provide equivalent
facilitation (e.g., by offering those services at an accessible location for individuals
who use wheelchairs). §§ 4.1.6(1)(b), 7.2(2).
d. Municipal Court Room
There is a 7'h inch step leading to the witness stand and jury box. Provide access
to the witness stand and jury box. §§ 4.1.3(1), 4.1.6(1)(b), 4.3.8, 4.5.2, 4.8.
e. Unisex Toilet Room
The toilet paper dispenser is located 37 inches from the back wall and is mounted
at 23 inches from the finished floor. Provide a dispenser so that it is within reach,
below the side grab bar, and with its centerline no less than 19 inches from the
finished floor. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.6 & Fig. 29(b), 4.2.6.
First Floor Court House
r` 1. Public Telephone
(a) The public telephone has no volume control. Provide a public telephone that is
equipped with a volume control. §§ 4.1.3(17)(b), 4.1.6(1)(b), 4.31.5.
g. Police Station
Counter
(a) The top of the Information Counter is 45 inches above the finished floor. Provide
a counter that is at least 36 inches wide and no more than 36 inches high; or
provide an auxiliary counter with a maximum height of 36 inches; or provide
equivalent facilitation (e.g., by offering those services at an accessible location for
individuals who use wheelchairs). §§ 4.1.6(1)(b), 7.2(2).
h. Water Fountain
1. The spout outlet height of the drinking fountain is 43 inches above the finished
floor. Provide a fountain with a spout height no higher than 36 inches above the
finished floor or provide cups next to the existing fountain so that they dispense
within the reach ranges of persons who use wheelchairs. §§ 4.1.3(10)(a),
4.1.6(1)(b), 4.15.2 & Fig. 27(a), 4.27.3, 4.2.5, 4.2.6.
Traffic Accident Reports Office
Page 19 of 48
1. Counter
(a) The top of the counter is 42 inches above the finished floor. Provide a counter that
is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary
counter with a maximum height of 36 inches; or provide equivalent facilitation
(e.g., by offering those services at an accessible location for individuals who use
wheelchairs). §§ 4.1.6(1)(b), 7.2(2).
39. Elmwood Golf Course
The City will complete the following modifications to Elmwood Golf Course within one
year of the effective date of this Agreement:
a. Accessible Parking
1. There are six accessible parking spaces provided, but none is designated as "van-
accessible." Provide a space with a 96 inch wide access aisle and provide a sign
designating the space as "van- accessible" mounted below the symbol of
accessibility in a location that cannot be obscured by a vehicle parked in the space.
§§ 4.1.6(1)(b), 4.1.2(5)(b), 4.6.3 & Fig. 9, 4.6.4.
b. Pro Shop and Payment Office
L Counter
(a) The top of the service counter is 40 inches above the finished floor. Provide a
counter that is at least 36 inches wide and no more than 36 inches high; or provide
an auxiliary counter with a maximum height of 36 inches; or provide equivalent
facilitation (e.g., by offering those services at an accessible location for individuals
who use wheelchairs). §§ 4.1.6(1)(b), 7.2(2).
C. Women's Locker Room
The entrance to the women's locker room has a clear opening width of 28 1 /2
inches. Provide a minimum clear opening width of at least 32 inches measured
from the face of door to the opposite door stop with the door open 90 degrees.
§§ 4.1.6(1)(b), 4.13(7)(b), 4.13.5 & Fig.24.
d. Women's Toilet Room
The height of the lavatory provides a clearance of 27 /2 inches from the finished
floor to the bottom of the apron. Provide a lavatory that has a clearance of at least
29 inches above the finished floor to the bottom of the apron and which otherwise
complies with the Standards. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.2 & Fig. 31.
Page 20 of 48
i - 2. The highest operable part of the paper towel dispenser is 60'/2 inches above the
finished floor for a forward approach. Provide a dispenser so that its highest
operable part is no higher than 48 inches above the finished floor for a forward
reach, or no higher than 54 inches for a side reach. §§ 4.1.3(11), 4.1.6(1)(b),
4.22.7, 4.27.3, 4.2.5, 4.2.6.
The door coat hook in the designated accessible stall is located 65 inches above the
floor. Provide a hook that is no more than 54 inches above the finished floor for a
side reach or 48 inches above the finished floor for a front reach.
§§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.3, 4.2.5, 4.2.6.
4. The centerline of the toilet is located 21 1 /2 inches from the side wall. Provide a
toilet so that the centerline is exactly 18 inches from the side wall. §§ 4.1.3(11),
4.1.6(1)(b), 4.17.3 & Fig. 30(a), 4.22.4.
5. The rear grab bar in the designated accessible stall is 29 1 /2 inches long. Provide a
rear grab bar that is at least 36 inches long with the end closer to the side wall
mounted no more than 6 inches from the side wall. §§ 4.1.3(11), 4.1.6(1)(b),
4.22.4, 4.17.3, 4.17.6 & Fig. 30(a).
e. Men's Toilet Room
�^ 1. The height of the lavatory provides a clearance of 27 inches from the finished
floor to the bottom of the apron. Provide a lavatory that has a clearance of at least
29 inches above the finished floor to the bottom of the apron and which otherwise
complies with the Standards. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.2 & Fig. 31.
2. The hot water and drain pipes beneath the lavatory are not insulated or configured
to protect against contact. Insulate or otherwise configure the hot water and drain
pipes to protect against contact. §§ 4.1.3(11), 4.1.6(1)(6), 4.22.6, 4.19.4.
3. The highest operable part of the paper towel dispenser is 61 inches above the
finished floor for a forward approach. Provide a dispenser so that its highest
operable part is no higher than 48 inches above the finished floor for a forward
reach, or 54 inches for aside reach. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.7, 4.27.3,
4.2.5, 4.2.6.
4. The mirror in the toilet room is mounted so that the bottom edge of the reflecting
surface is 48 inches above the finished floor. Provide a mirror that is mounted
with the bottom edge of the reflecting surface no higher than 40 inches above the
finished floor. §§ 4.13(11), 4.1.6(1)(b), 4.22.6, 4.19.6.
5. The centerline of the toilet is located 20 inches from the side wall. Provide a toilet
so that the centerline is exactly 18 inches from the side wall. §§ 4.1.3(11),
r^ 4.1.6(1)(b), 4.22.4, 4.17.3 & Fig. 30(a).
Page 21 of 48
r- 6. The rear grab bar in the designated accessible stall is 30 inches long, and the end
closest to the side wall is mounted at 7 inches from the side wall. Provide a rear
grab bar that is at least 36 inches long with the end closest to the side wall mounted
no more than 6 inches from the side wall. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.6
& Fig. 30(a).
7. The toilet paper dispenser in the designated accessible stall is located 37 inches
from the back wall and 31 inches from the finished floor. Provide a dispenser that
is below the side grab bar and the farthest edge of the toilet paper roll is no more
than 36 inches from the back wall with its centerline no less than 19 inches from
the fmished floor. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.6, 4.17.3 & Fig. 30(d),
4.2.6.
f. "Starter Shack"
1. Counter
(a) The top of the service counter is 45 inches above the finished floor. Provide a
counter that is at least 36 inches wide and no more than 36 inches high; or provide
an auxiliary counter with a maximum height of 36 inches; or provide equivalent
facilitation (e.g., by offering those services at an accessible location for individuals
who use wheelchairs). §§ 4.1.6(1)(b), 7.2(2).
(b) Access to the service window is obstructed by the narrow sidewalk. Provide an
unobstructed accessible route to this element. §§ 4.1.6(1)(b), 4.1.3(1), 4.2.4.1.
40. Mineral Palace Park Greenhouse
The City will complete the following modifications to Mineral Palace Park Greenhouse
within one year of the effective date of this Agreement. However, if the City decides to
close this facility within six months of the effective date of this Agreement, the City will
not be required to make the following modifications:
a. Indoor Ramp
1. The ramp configuration exceeds the maximum allowable slope. Provide a ramp
with a slope of not more than 1:12. § 4.8.2.
b. Unisex Toilet Room
1. The unisex toilet stall is 54 inches wide and 71 'h inches deep. Provide a
"standard" accessible toilet stall at least 60 inches wide and 59 inches deep (56
inches if the toilet is wall mounted) such that all of the stall's elements, including
stall door, stall door hardware, water closet, size and arrangement, toe clearances,
grab bars, and controls and dispensers comply with the Standards. §§ 4.1.3(11),
Page 22 of 48
4.1.6(1)(b), 4.25.3, 4.2.5, 4.2.6, 4.13, 4.22.4, 4.16, 4.17 & Fig. 30 (a), (c), (d), 4.26,
4.27.
2. The mirror is mounted so that the bottom edge of the reflecting surface is 43 inches
above the finished floor. Provide a mirror that is mounted with the bottom edge of
the reflecting surface no higher than 40 inches above the finished floor.
§§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.
3. The highest operable part of the paper towel dispenser in the women's room is 58
inches above the finished floor. Provide a dispenser so that its highest operable
part is no higher than 48 inches above the finished floor for a forward reach, or 54
inches for aside reach. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.7, 4.27.3, 4.2.5, 4.2.6.
4. The toilet paper dispenser in the designated accessible stall is 39 1 /2 inches from
the finished floor and 32 inches from the back wall. Provide a dispenser so that it
is within reach as required by the Standards, with its centerline no less than 19
inches from the finished floor. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.6 & Fig.
29(b), 4.2.6.
5. The side grab bar is mounted 13 inches from the back wall. Provide a side grab
bar with the end closest to the back wall mounted no more than 12 inches from the
side wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a).
41. Air Museum at Pueblo Airport
The City will complete the following modifications to the Air Museum at Pueblo Airport
within six (6) months of the effective date of this Agreement:
a. Provide directional signs at inaccessible toilet rooms and in conspicuous places directing
users to the location of the accessible toilet rooms. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4:30.3,
4.30.5.
b. Hangar - Women's and Men's Toilet Rooms
There are no accessible signs at the doors to the women's and men's toilet rooms
located by the Hangar. Provide a sign with raised characters and Braille on the
wall adjacent to the latch side of the door so that the centerline of the sign is 60
inches above the ground and so that a person can approach to within 3 inches of
the signage without encountering obstructions or standing within a door swing.
§§ 4.1.3(16)(a), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
42. Pueblo Animal Services
The City will complete the following modifications to Pueblo Animal Services within
le� three years of the effective date of this Agreement:
Page 23 of 48
11�1 a. Accessible Parking
The designated accessible parking space is not served by an adjacent access aisle
or identified as "van- accessible." Provide at least one van- accessible parking
space served by an access aisle at least 96 inches wide and Provide a sign
designating the space as "van- accessible" mounted below the symbol of
accessibility in a location that cannot be obscured by a vehicle parked in the space.
§§ 4.1.2(5)(a)& (b), 4.1.6.(1)(b), 4.6.3 & Fig.9, 4.6.4.
b. Counter
1. The top of the service counter is 43 1 /i inches above the finished floor. Provide a
counter that is at least 36 inches wide and no more than 36 inches high; or provide
an auxiliary counter with a maximum height of 36 inches; or provide equivalent
facilitation (e.g., by offering those services at an accessible location for individuals
who use wheelchairs). § §4.1.6(1)(b), 4.1.3(12)(b), 7.2(2).
43. City Park Annex
Unless the City closes the City Park Annex, the City will complete the following
modifications to the City Park Annex within two years of the effective date of this
Agreement:
a. Accessible Parking
1. There is one accessible parking space provided and designated as "van- accessible"
with an access aisle of 36 inches wide. Provide a van accessible space with a 96
inch wide access aisle. §§ 4.1.2(5)(a) &(b), 4.1.6(1)(b), 4.6.3 & Fig. 9.
b. Counter
1. The top of the service counter is 42 inches above the finished floor. Provide a
counter that is at least 36 inches wide and no more than 36 inches high; or provide
an auxiliary counter with a maximum height of 36 inches; or provide equivalent
facilitation (e.g., by offering those services at an accessible location for individuals
who use wheelchairs). §§ 4.1.6(1)(b), 7.2(2).
C. Women's Toilet Room
The door to the toilet room has a clear opening width of 27 inches. Provide a
doorway with a minim clear opening width of at least 32 inches measured from
the face of door to the opposite door stop with the door open 90 degrees.
§§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.5 & Fig.24(a).
e—
Page 24 of 48
2. The lavatory has twist -type faucets. Provide controls that are operable with one
hand and do not require tight grasping, pinching or twisting of the wrists to
operate. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.5, 4.27.4.
3. The mirror in the toilet room is mounted so that the bottom edge of the reflecting
surface is 42 inches above the finished floor. Provide a mirror that is mounted
with the bottom edge of the reflecting surface no higher than 40 inches above the
finished floor. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.
4. The designated accessible stall door in the women's toilet room does not have
accessible hardware. Provide hardware that is easy to grasp with one hand and
does not require tight grasping, pinching, or twisting of the wrist to operate.
§§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.5, 4.13.9.
5. The door to the toilet stall has a clear opening width of 29 1 /2 inches. Provide a
minimum clear opening width of at least 32 inches measured from the face of door
to the opposite doorstop with the door open 90 degrees. §§4.1.3(7)(b),
4.1.6(1)(b), 4.13.5 & Fig.24(a).
6. The centerline of the toilet is located 24 inches from the side wall. Provide a toilet
so that the centerline is exactly 18 inches from the side wall. §§ 4.1.3(11),
4.1.6(1)(b), 4.22.4, 4.17.3 & Fig. 30(a).
The top of the toilet seat measures 15 inches above the finished floor. Provide a
toilet with a seat between 17 and 19 inches above the finished floor. §§ 4.1.3(11),
4.1.6(1)(b), 4.22.4, 4.17.3 & Fig.30(d).
d. Men's Toilet Room
The men's toilet room is not accessible. Provide a "standard" accessible toilet stall
at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted)
such that all of the stall's elements, including stall door, stall door hardware, water
closet, size and arrangement, toe clearances, grab bars, and controls and dispensers
comply with the Standards. §§ 4.1.3(11), 4.1.6(1)(b), 4.17.3 & Fig. 30(a), 4.22.4,
4.26, 4.27.
44. City Park Pavilion
The City will complete the following modifications to City Park Pavilion within one year
of the effective date of this Agreement:
a. Accessible Route
1. The exterior ramp at the entrance to the Administration Office only has one
handrail with 2 inches clear space between the handrail adjacent to the wall and
the wall. Provide handrails so that there are 12 inch level/horizontal extensions at
Page 25 of 48
the top and bottom of the ramp, the space between the wall and handrail is 1 V2
inches, and the top of the gripping surface on the handrail is 34 - 38 inches above
the surface of the ramp. §§ 4.1.2(1), 4.1.6(1)(b), 4.3.7, 4.8.5, 4.26.2.
b. Counter - Administration Office
The top of the service counter is 41 1 /2 inches above the finished floor. Provide a
counter that is at least 36 inches wide and no more than 36 inches high; or provide
an auxiliary counter with a maximum height of 36 inches; or provide equivalent
facilitation (e.g., by offering those services at an accessible location for individuals
who use wheelchairs). §§ 4.1.6(1)(b), 7.2(2).
Program Access in Existing Facilities In order to provide that each of the City's programs,
services, and activities operating at a facility that is the subject of this Agreement, when
viewed in its entirety, is readily accessible to and usable by persons with mobility
impairments, the City will take the following actions:
45. The Parties agree that the technical requirements and, where appropriate, the scoping
requirements of the Standards are used as a guide for determining whether a program or
activity held in an existing facility is "readily accessible to and usable by" persons with
disabilities and for determining what changes are necessary to make this program or
activity accessible if it continues to be provided in the existing facility in question. See
i- 28 C.F.R. §§ 35.150(b)(1), 35.151.
46. Joseph Edwards Senior Center
The City will complete the following modifications to Joseph Edwards Senior Center
within two years of the effective date of this Agreement:
a. Accessible Parking
There are three parking spaces for people with disabilities, none of which has
signage designating it as accessible or "van accessible." Provide at least one van-
accessible parking space served by an access aisle at least 96 inches wide. Locate
signage at each space mounted so that it cannot be obscured by a vehicle parked in
the space. Provide an additional sign designating the space as "van- accessible"
with sign mounted below the symbol of accessibility. §§ 4.1.2(5)(a)(b), 4.6.4.
b. Counter - First Floor
1. The top of the service counter is 43 inches above the finish floor. Provide a
counter that is at least 36 inches wide and no more than 36 inches high; or provide
an auxiliary counter with a maximum height of 36 inches; or provide equivalent
facilitation (e.g., by offering those services at an accessible location for individuals
i— who use wheelchairs). § 7.2(2).
Page 26 of 48
C. Cafeteria Door
1. The pressure required to open the door to the Cafeteria is 15 pounds. Ensure that
the force required to open the door is no more than 5 pounds. §§ 4.1.3(7),
4.13.11(2)(b).
d. Women's Toilet Room - First Floor
1. The pressure required to open the door to the women's toilet room is 10 pounds.
Ensure that the force required to open the door is no more than 5 pounds.
§§ 4.1.3(11), 4.22.2, 4.13.11(2)(b).
2. The door coat hook in the designated accessible stall is located 58 inches above the
floor. Provide a hook that is no more than 54 inches above the finish floor for a
side reach or, if that is not available, 48 inches above the finish floor for a front
reach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.
3. The toilet flush valve control in the women's designated accessible stall is on the
closed, or narrow, side of the toilet stall. Provide flush valve control so that it is on
the open, or wide side of the toilet stall or provide an automatic flush device.
§§ 4.1.3(11), 4.22.4, 4.17.2, 4.16.5, 4.27.4.
4. The space between the wall and the side grab bar in the designated stall is 2 inches.
Provide a side grab bar so that the space between the wall and the bar is exactly 1
'h inches. §§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.2 & Fig. 39(e).
e. Men's Toilet Room - First Floor
1. The door to the men's stall designated for people with disabilities opens into the
stall, impending the clear floor space. It may be possible to reverse the door so
that it swings outward, or provide an automatic door opener.
§§ 4.1.3(11), 4.22.2, 4.17.5 & Fig. 30.
2. The toilet flush valve control in the men's designated accessible stall is on the
closed, or narrow, side of the toilet stall. Provide a flush valve control that it is on
the open, or wide side of the toilet stall or provide an automatic flush device.
§§ 4.1.3(11), 4.22.4, 4.17.2, 4.16.5, 4.27.4.
3. The toilet paper dispenser in the designated accessible stall is located 44 inches
from the back wall. Provide a dispenser so that it is below the side grab bar and
the farthest edge of the toilet paper roll is no more than 36 inches from the back
wall with its centerline no less than 19 inches from the finish floor and the paper
outlet at least 9 inches above the floor. §§ 4.1.3(11), 4.22.4, 4.16.6 & Fig. 29(b),
4.2.6.
i^
Page 27 of 48
4. The door coat hook in the designated accessible stall is located 58 inches above the
floor. Provide a hook that is no more than 54 inches above the finished floor for a
side reach or 48 inches above the finish floor for a front reach.
§§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.
5. The clear floor space at the urinal is 27 inches wide. Provide a minimum clear
floor space that is 30 inches wide. §§4.1.3(11),4.2.4,4.22.5,4.18.3.
6. The rim of the urinal in the men's room is 18 inches above the finish floor.
Provide a urinal with an elongated rim no higher than 17 inches above the finish
floor. §§ 4.1.3(11), 4.22.5, 4.18.2.
f. Women's Toilet Room - Second Floor
1. The designated accessible toilet stall contains the following non - compliant
elements: the stall is 41 1 /2 inches wide; the centerline of the toilet is 21 1 /2 inches
from the side wall; the coat hook is located 58 inches above the floor; and the toilet
paper dispenser is located 39 inches from the back wall. Provide a "standard"
accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the
toilet is wall mounted) such that all of the stall's elements, including stall door,
stall door hardware, water closet, size and arrangement, toe clearances, grab bars,
and controls and dispensers comply with the Standards. Alternately, the City may
1 0 provide directional signs at inaccessible toilet rooms and in conspicuous places
directing users to the location of the accessible toilet rooms. §§ 4.1.3(11),
4.1.3(16)(b), 4.22.4, 4.17 & Fig. 30 (a), (c), (d), 4.26, 4.27, 4.30.1, 4.30.2, 4.30.3,
4.30.5.
g. Men's Toilet Room - Second Floor
The designated accessible toilet stall contains the following non - compliant
elements: the stall is 41 inches wide; the centerline of the toilet is 20 1 /2 inches
from the side wall; the coat hook is located 58 inches above the floor; and the toilet
paper dispenser is located 39 inches from the back wall. Provide a "standard"
accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the
toilet is wall mounted) such that all of the stall's elements, including stall door,
stall door hardware, water closet, size and arrangement, toe clearances, grab bars,
and controls and dispensers comply with the Standards. Alternately, the City may
provide directional signs at inaccessible toilet rooms and in conspicuous places
directing users to the location of the accessible toilet rooms. §§ 4.1.3(11),
4.1.3(16)(b), 4.22.4, 4.17 & Fig. 30 (a), (c), (d), 4.26, 4.27, 4.30.1, 4.30.2, 4.30.3,
4.30.5.
h. Classroom Number 202
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Page 28 of 48
1. The pressure required to open the door to the classroom is 8 pounds. Ensure that
the force required to open the door is no more than 5 pounds. §§ 4.1.3(7)(b),
4.13.11(2)(b).
i. Counter - Third Floor
1. The top of the service counter is 45 inches above the finish floor. Provide a
counter that is at least 36 inches wide and no more than 36 inches high; or provide
an auxiliary counter with a maximum height of 36 inches; or provide equivalent
facilitation (e.g., by offering those services at an accessible location for individuals
who use wheelchairs). § 7.2(2).
j. Men's Toilet Room - Third Floor
1. There is a trash can located in the men's room that blocks access to the hand dryer.
Provide and maintain unobstructed access to the hand dryer.
§§ 4.1.3(11), 4.22.7, 4.27.2.
2. The designated accessible stall is less than 41 inches deep. Provide a "standard"
accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if toilet
is wall mounted) such that all of the stall's elements, including stall door, stall door
hardware, water closet, size and arrangement, toe clearances, grab bars, controls
Al� and dispensers comply with the Standards. §§ 4.1.3(11), 4.13, 4.16, 4.17 & Fig.
30(a), 4.22.4, 4.22.7, 4.26, 4.27.
3. The door coat hook in the designated accessible stall is located 58 1 /4 inches above
the finished floor. Provide a hook that is no more than 54 inches above the
finished floor for a side reach or, if that is not available, 48 inches above the finish
floor for a front reach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.
4. The clear floor space at the urinal is 28 1 /2 inches wide. Provide a minimum clear
floor space that is 30 inches wide. §§ 4.1.3(11), 4.2.4.1, 4.18.3.
k. Women's Toilet Room - Third Floor
The designated accessible stall contains the following elements that do not comply
with the Standards: the stall is less than 40 inches deep, and the toilet paper
dispenser does not permit continuous paper flow. Provide a "standard" accessible
toilet stall at least 60 inches wide and 59 inches deep (56 inches if toilet is wall
mounted) such that all of the stall's elements, including stall door, stall door
hardware, water closet, size and arrangement, toe clearances, grab bars, controls
and dispensers comply with the Standards. §§ 4.1.3(11), 4.13, 4.16.6, 4.17 & Fig.
30(a), 4.22.4, 4.22.7, 4.26, 4.27.
i-. 2. The door coat hook in the designated accessible stall is located 58 1 /4 inches above
the floor. Provide a hook that is no more than 54 inches above the finish floor for
Page 29 of 48
a side reach or 48 inches above the finish floor for a front reach. §§ 4.1.3(12)(a),
4.25.3, 4.2.5, 4.2.6.
47. Mitchell Park Pool
The City will complete the following modifications to Mitchell Park Pool within six years
of the effective date of this Agreement:
a. Accessible Route
1. The ramp leading to the pool house has a horizontal projection greater than 72
inches and has handrails on only one side. Provide handrails on both sides of the
ramp that are between 34 and 38 inches high, have extensions of at least 12 inches
beyond the top and bottom of the ramp segment, and have ends that are rounded or
returned to the floor, wall, or post and otherwise comply with the Standards.
§§ 4.8.5, 4.26.
b. Women's Bathroom
1. There is no accessible sign at the door. Provide a sign with raised characters and
Braille on the wall adjacent to the latch side of the door so that the centerline of the
sign is 60 inches above the ground and so that a person can approach to within 3
inches of the signage without encountering obstructions or standing within a door
swing. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
2. There is a 1 inch change in elevation at the threshold to the entrance door to the
women's bathroom. Provide a threshold so that the change is no greater than 1 /2
inch and beveled with a slope no greater than 1:2, or provide a ramp with a slope
no greater than 1:12 that has a level landing in front of the doorway as required to
provide maneuvering clearances at the door. §§ 4.13.8, 4.5.2, 4.8, Fig. 25, 4.13.6.
3. The height of the lavatory provides a clearance of 26'/2 inches from the finished
floor to the bottom of the apron. Provide a lavatory that has a clearance of at least
29 inches above the finished floor to the bottom of the apron and which otherwise
complies with the Standards. §§ 4.19.2 & Fig. 31.
5. The dressing room in the women's shower is 32 inches wide by 36 inches deep.
The bench is 18 1 /2 inches above the finished floor and 11 inches deep and is not
compliant in size and configuration. Provide one accessible dressing room on an
accessible route in the women's shower room with a clear floor space that allows
enough room for a person using a wheelchair to make a 180 degree turn and has a
bench at least 24 inches by 48 inches fixed to the wall along the longer dimension
that is mounted between 17 and 19 inches above the finished floor. §§ 4.35.2,
4.13, 4.35.4.
Page 30 of 48
6. The shower stalls in the women's room are not accessible. Provide one shower
stall that is exactly 36 inches wide by 36 inches deep, has a clear floor space that is
36 inches wide by 48 inches deep extending 12 inches beyond the seat wall to
enable a wheelchair user to make a lateral transfer, has a shower seat and grab bars,
has controls between 38 and 48 inches above the shower floor and between the
centerline and the outer edge of the shower on the wall opposite the seat wall, and
has a shower spray unit with a 60 inch long hose or a fixed shower head mounted
at 48 inches above the shower floor. §§ 4.21, Fig. 35(a), Fig. 37.
7. The toilet stall contains the following non - compliant elements: the stall is 35
inches wide and 55 inches deep; the side grab bar is mounted 14 inches from the
back wall, the rear grab bar is 30 inches long, the toilet paper dispenser is 37
inches from the finished floor and 33 V2 inches from the back wall. Provide a
"standard" accessible toilet stall at least 60 inches wide and 59 inches deep (56
inches if the toilet is wall mounted) such that all of the stall's elements, including
stall door, stall door hardware, water closet, size and arrangement, toe clearances,
grab bars, and controls and dispensers comply with the Standards.
§§ 4.22.4, 4.17.3 & Fig. 30 (a), 4.26, 4.27.
C. Men's Bathroom
1. There is no accessible sign at the door. Provide a sign with raised characters and
Braille on the wall adjacent to the latch side of the door so that the centerline of the
sign is 60 inches above the ground and so that a person can approach to within 3
inches of the signage without encountering obstructions or standing within a door
swing. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
2. The shower stalls in the men's room are not accessible. Provide one shower stall
that is exactly 36 inches wide by 36 inches deep, has a clear floor space that is 36
inches wide by 48 inches deep extending 12 inches beyond the seat wall to enable
a wheelchair user to make a lateral transfer, has a shower seat and grab bars, has
controls between 38 and 48 inches above the shower floor and between the
centerline and the outer edge of the shower on the wall opposite the seat wall, and
has a shower spray unit with a 60 inch long hose or a fixed shower head mounted
at 48 inches above the shower floor. §§ 4.21, Fig. 35(a), Fig. 37.
3. The toilet stall contains the following non - compliant elements: the stall is 34 1 /2
inches wide and 52 inches deep; the side grab bar is mounted 13' /z inches from
the back wall, the rear grab bar is 30 inches long, the toilet paper dispenser is 38
inches from the finished floor and 33 inches from the back wall. Provide a
"standard" accessible toilet stall at least 60 inches wide and 59 inches deep (56
inches if the toilet is wall mounted) such that all of the stall's elements, including
stall door, stall door hardware, water closet, size and arrangement, toe clearances,
grab bars, and controls and dispensers comply with the Standards.
�-- §§ 4.22.4, 4.17.3 & Fig. 30 (a), (c), 4.26, 4.27.
Page 31 of 48
d. Kiddie Pool
The kiddie pool area has a 3 1 /z inch step at the entrance. Provide an accessible
route to the kiddie pool that complies with the Standards. §§4.3.8,4.5.2,4.8.
e. Counter
The top of the cashier's counter is 42 inches above the finished floor. Provide a
counter that is at least 36 inches wide and no more than 36 inches high; or provide
an auxiliary counter with a maximum height of 36 inches; or provide equivalent
facilitation (e.g., by offering those services at an accessible location for individuals
who use wheelchairs). § 7.2(2).
f. Concession Stand
1. The top of the counter at the concession stand is 43 1 /4 inches above the finished
floor. Provide a counter that is at least 36 inches wide and no more than 36 inches
high; or provide an auxiliary counter with a maximum height of 36 inches; or
provide equivalent facilitation (e.g., by offering those services at an accessible
location for individuals who use wheelchairs). § 7.2(2).
g. Playground, Basketball and Tennis Courts
r
1. The playground equipment, basketball and tennis courts lack an accessible route
and an accessible surface from the sidewalk or the street. Provide an accessible
route from the parking lot to the sports complex and an accessible surface. §§ 4.3,
4.5.1.
48. Mineral Palace Park
The City will complete the following modifications to Mineral Palace Park within one
year of the effective date of this Agreement:
a. Accessible Route
1. The park lacks an accessible route from the street. Provide an accessible route
i- from the sidewalk or the street to the park. §§ 4.3, 4.5.1.
Page 32 of 48
49. Stauter Field
The City will complete the following modifications to Stauter Field within one year of the
effective date of this Agreement:
a. Accessible Route
1. The basketball court lacks an accessible route from the street to the court. Provide
an accessible route from the street to the court. §§4.3,4.5.1.
b. Women's Toilet Room
The centerline of the toilet in the designated accessible stall is located 13 1 /2 inches
from the side wall. Provide a toilet so that the centerline is exactly 18 inches from
the side wall. § 4.17.3 & Fig. 30(a).
2. The toilet paper dispenser in the designated accessible stall is located 39 inches
from the back wall and 25 inches above the finished floor. Provide a dispenser so
that it is below the side grab bar and the farthest edge of the toilet paper roll is no
more than 36 inches from the back wall with its centerline no less than 19 inches
from the finished floor and the paper outlet at least 9 inches above the floor.
§§ 4.17.3 & Fig. 30(d), 4.2.6.
C. Men's Toilet Room
1. The centerline of the toilet in the designated accessible stall is located 13 inches
from the side wall. Provide a toilet so that the centerline is exactly 18 inches from
the side wall. §§ 4.17.3 & Fig. 30(a).
2. The toilet paper dispenser in the designated accessible stall is located 38'2 inches
from the back wall and 25 1 /2 inches above the finished floor. Provide a dispenser
so that it is below the side grab bar and the farthest edge of the toilet paper roll is
no more than 36 inches from the back wall with its centerline no less than 19
inches from the finished floor. §§ 4.17.3 & Fig. 30(d), 4.2.6.
3. Operation of the lavatory trim requires twisting. Provide faucets that are operable
with one hand and do not require grasping, pinching, or twisting of the wrist.
§ 4.27.4.1.
50. Langoni Sports Complex
The City will complete the following modifications to Langoni Sports Complex within
one year of the effective date of this Agreement:
a. Accessible Route
Page 33 of 48
1. The sports complex lacks an accessible route from the parking lot to the complex
and the lack of an accessible surface. Provide an accessible route from the parking
lot to the sports complex and an accessible surface. §§ 4.3, 4.5.1.
b. Men's Toilet Room
1. The pressure required to open the door to the men's toilet room is 18 pounds.
Ensure that the force required to open the door is no more than 5 pounds.
§ 4.13.11(2)(b).
C. Women's Toilet Room
1. The pressure required to open the door to the men's toilet room is 18 pounds.
Ensure that the force required to open the door is no more than 5 pounds.
§ 4.13.11(2)(b).
2. There is a 1 inch change in elevation at the threshold to the entrance door to the
women's toilet room. Provide a threshold so that the change is no greater than i/s
inch and beveled with a slope no greater than 1:2, or provide a ramp with a slope
no greater than 1:12 that has a level landing in front of the doorway as required to
provide maneuvering clearances at the door. §§ 4.13.8, 4.5.2, 4.8, Fig. 25, 4.13.6.
3. The mirror in the toilet room is mounted so that the bottom edge of the reflecting
surface is 46 1 /2 inches above the finished floor. Provide a mirror that is mounted
with the bottom edge of the reflecting surface no higher than 40 inches above the
finished floor. § 4.19.6.
4. The door coat hook is located 66 inches above the floor. Provide a hook that is no
more than 54 inches above the finished floor for a side reach or 48 inches above
the finished floor for a front reach. §§ 4.25.3, 4.2.5, 4.2.6.
5. The toilet paper dispenser in the designated accessible stall is located 38 inches
from the back wall. Provide a dispenser so that it is below the side grab bar and
the farthest edge of the toilet paper roll is no more than 36 inches from the back
wall with its centerline no less than 19 inches from the finished floor.
§§ 4.17.3 & Fig. 30(d), 4.2.6.
51. Minnequa Park
The City will complete the following modifications to Minnequa Park within four years of
the effective date of this Agreement:
a. Men's Toilet Room by Pool
r 1. There is no designated accessible men's toilet stall. Provide a "standard" toilet
stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall
Page 34 of 48
mounted) such that all of the stall's elements, including stall door, stall door
hardware, water closet, size and arrangement, toe clearances, grab bars, and
controls and dispensers comply with the Standards. §§ 4.22.4, 4.17.3 & Fig. 30
(a), 4.26, 4.27.
2. The height of the lavatory provides a clearance of 27 inches from the finished floor
to the bottom of the apron. Provide a lavatory that has a clearance of at least 29
inches above the finished floor to the bottom of the apron and which otherwise
complies with the Standards. §§ 4.19.2 & Fig. 31.
3. The soap dispenser is mounted so that the control is located 46 inches above the
finished floor. Provide a dispenser so that its highest operable part is within the
reach ranges of a person who uses a wheelchair. §§ 4.22.7, 4.27.3, 4.2.5, 4.2.6.
4. The mirror in the toilet room is mounted so that the bottom edge of the reflecting
surface is 47 inches above the finished floor. Provide a mirror that is mounted
with the bottom edge of the reflecting surface no higher than 40 inches above the
finished floor. § 4.19.6.
b. Men's Showers
1. The shower stalls in the men's room are not accessible. Provide one shower stall
that is exactly 36 inches wide by 36 inches deep, has a clear floor space that is 36
inches wide by 48 inches deep extending 12 inches beyond the seat wall to enable
a wheelchair user to make a lateral transfer, has a shower seat and grab bars, has
controls between 38 and 48 inches above the shower floor and between the
centerline and the outer edge of the shower on the wall opposite the seat wall, and
has a shower spray unit with a 60 inch long hose or a fixed shower head mounted
at 48 inches above the shower floor. § 4.21 & Fig. 35(a), Fig. 37.
C. Women's Toilet Room by Pool
There is no designated accessible women's toilet stall. Provide a "standard"
accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the
toilet is wall mounted) such that all of the stall's elements, including stall door,
stall door hardware, water closet, size and arrangement, toe clearances, grab bars,
and controls and dispensers comply with the Standards. §§ 4.22.4, 4.17.3 & Fig.
30 (a), 4.26, 4.27.
2. The height of the lavatory provides a clearance of 27 inches from the finished floor
to the bottom of the apron. Provide a lavatory that has a clearance of at least 29
inches above the finished floor to the bottom of the apron and which otherwise
complies with the Standards. § 4.19.2 & Fig. 31.
Page 35 of 48
3. The mirror in the toilet room is mounted so that the bottom edge of the reflecting
surface is 46'/2 inches above the finished floor. Provide a mirror that is mounted
with the bottom edge of the reflecting surface no higher than 40 inches above the
finished floor. § 4.19.6.
d. Women's Shower
The shower stalls in the women's room are not accessible. Provide one shower
stall that is exactly 36 inches wide by 36 inches deep, has a clear floor space that is
36 inches wide by 48 inches deep extending 12 inches beyond the seat wall to
enable a wheelchair user to make a lateral transfer, has a shower seat and grab bars,
has controls between 38 and 48 inches above the shower floor and between the
centerline and the outer edge of the shower on the wall opposite the seat wall, and
has a shower spray unit with a 60 inch long hose or a fixed shower head mounted
at 48 inches above the shower floor. §§ 4.21, Fig. 35(a), Fig. 37(a).
e. Minnequa Playground
1. The playground lacks an accessible route and an accessible surface from the street
to the playground. Provide an accessible route from the parking lot to the
playground and an accessible surface. §§ 4.3, 4.5.1.
f. Minnequa Softball Field
1. The softball field lacks an accessible route and an accessible surface from the street
to the field. Provide an accessible route from the parking lot to the playground and
an accessible surface. §§ 4.3, 4.5.1.
g. Men's Toilet Room
There is no accessible sign at the men's toilet door. Provide a sign with raised
characters and Braille on the wall adjacent to the latch side of the door so that the
centerline of the sign is 60 inches above the ground and so that a person can
approach to within 3 inches of the signage without encountering obstructions or
standing within a door swing. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
2. The toilet paper dispenser in the designated accessible stall is located 28 inches
from the finished floor. Provide a dispenser so that it is below the side grab bar
and the farthest edge of the toilet paper roll is no more than 36 inches from the
back wall with its centerline no less than 19 inches from the finished floor.
§§ 4.17.3 & Fig. 30(d), 4.2.6.
h. Minnequa Park Memorial to Steel Workers
1. Accessible Parking
Page 36 of 48
(a) There are two accessible parking spaces provided but none is designated as "van -
accessible." The shared access aisle is 36 inches wide. Provide a space with a 96
inch wide access aisle and provide a sign designating the space as `ban-
accessible" mounted below the symbol of accessibility in a location that cannot be
obscured by a vehicle parked in the space. §§ 4.1.2(5)(a)(b), 4.6.3 & Fig. 9, 4.6.4.
(b) The sign designating the accessible parking space is mounted such that it can be
obscured by a vehicle parked in the spaces. Provide accessible signage that cannot
be obscured by a vehicle parked in the space. §§ 4.1.2(5)(a), 4.6.4.
52. University Park
The City will complete the following modifications to University Park within one year of
the effective date of this Agreement:
1. The park and playground lack an accessible route and an accessible surface from
the street to the park and playground. Provide an accessible route from the
sidewalk or the street to the park and the playground and an accessible surface.
§§ 4.3, 4.5.1.
53. Sunset Park
The City will complete the following modifications to Sunset Park within one year of the
effective date of this Agreement:
1. The park lacks an accessible route from the street. Provide an accessible route
from the sidewalk or the street to the park. §§ 4.3, 4.5.1.
54. Vinewood Park
The City will complete the following modifications to Vinewood Park within one year of
the effective date of this Agreement:
a. Playground and basketball court
1. The playground and the basketball court lack an accessible route from the sidewalk
or the street. Provide an accessible route from the sidewalk or the street to the
park. §§4.3,4.5.1.
b. Women's Toilet
1. There is no accessible stall in the women's toilet room. Provide a "standard"
accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the
toilet is wall mounted) such that all of the stall's elements, including stall door,
stall door hardware, water closet, size and arrangement, toe clearances, grab bars,
Page 37 of 48
and controls and dispensers comply with the Standards. §§ 4.17.3 & Fig. 30(a),
4.22.4, 4.26, 4.27.
C. Men's Toilet
There is no accessible stall in the men's toilet room. Provide a "standard"
accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the
toilet is wall mounted) such that all of the stall's elements, including stall door,
stall door hardware, water closet, size and arrangement, toe clearances, grab bars,
and controls and dispensers comply with the Standards. §§ 4.17.3 & Fig. 30(a),
4.22.4, 4.26, 4.27.
55. Pueblo Plaza - Iee Arena
The City will complete the following modifications to Pueblo Plaza Ice Arena within two
years of the effective date of this Agreement:
a. Accessible Route
1. There is a 1 inch change of level on the route from the street to the entrance.
Provide an accessible route with no changes in level greater than 1 /2 inch and
beveled with a slope no greater than 1:2. §§ 4.1.2(1), 4.3.8, 4.5.2.
i^
b. Counter
1. The top of the cashier's counter is 40 inches above the finished floor. Provide a
counter that is at least 36 inches wide and no more than 36 inches high; or provide
an auxiliary counter with a maximum height of 36 inches; or provide equivalent
facilitation (e.g., by offering those services at an accessible location for individuals
who use wheelchairs). § 7.2(2).
�t=Iq
There is a 6 inch change in elevation at the threshold to the ice rink. Provide an
accessible route to the ice rink, either by rendering the main entrance accessible or
by providing an alternate route to the ice . If an alternate route is provided, signage
shall be placed at the ticket counter and main entrance to the ice rink directing the
public to the location of the accessible route. §§ 4.13.8, 4.5.2, 4.8, 4.13.6, Fig. 25.
d. Bleachers
1. There is no accessible route to the bleachers, nor wheelchair seating in the
bleachers. City will provide a new accessible seating area suitable for wheelchair
seating adjacent to the rink, with an accessible route to that area. The area shall be
10 designated and signed for wheelchair use, and shall contain at least one companion
seat for each wheelchair space. §§ 4.1.3(1), 4.3, 4.3.8, 4.5, 4.5.2, 4.8.4.33.
Page 38 of 48
i-
e. Counter - Skate Rental
The top of the counter to rent skates is 42 inches above the finished floor. Provide
a counter that is at least 36 inches wide and no more than 36 inches high; or
provide an auxiliary counter with a maximum height of 36 inches; or provide
equivalent facilitation (e.g., by offering those services at an accessible location for
individuals who use wheelchairs). § 7.2(2).
f. Telephones
The highest operable part of the public telephone is 68 inches. Provide a public
telephone that has its highest operable part within the reach ranges specified in the
Standards. §§ 4.2.5, 4.2.6, 4.31.2 through 4.31.8.
g. Counter - Concession Stand
The top of the counter at the concession stand is 42 inches above the finished floor.
Provide a counter that is at least 36 inches wide and no more than 36 inches high;
or provide an auxiliary counter with a maximum height of 36 inches; or provide
equivalent facilitation (e.g., by offering those services at an accessible location for
individuals who use wheelchairs). § 7.2(2).
h. Women's Toilet Room
1. The toilet room sign is mounted at a height of 64 inches above the finished floor to
the centerline of the sign. Provide a sign with its centerline 60 inches above the
finished floor. 4 4.30.6.
2. The designated accessible toilet stall is 43 inches wide and 56 inches deep.
Provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches
deep (56 inches if the toilet is wall mounted) such that all of the stall's elements,
including stall door, stall door hardware, water closet, size and arrangement, toe
clearances, grab bars, and controls and dispensers comply with the Standards.
§§ 4.17.3 & Fig. 30 (a), 4.22.5, 4.26, 4.27.
3. The height of the lavatory provides a clearance of 21 '/z inches from the finished
floor to the bottom of the apron. Provide a lavatory that has a clearance of at least
29 inches above the finished floor to the bottom of the apron and which otherwise
complies with the Standards. §§ 4.19.2 & Fig. 31.
4. The entrance to the designated accessible stall has a clear opening width of 30
inches. Provide a doorway to provide a minimum clear opening width of at least
32 inches measured from the face of door to the opposite door stop with the door
open 90 degrees. §§ 4.13.5 & Fig.24 (a).
Page 39 of 48
5. The door coat hook in the designated accessible stall is located 62 1 /2 inches above
the floor. Provide a hook that is no more than 54 inches above the finished floor
for a side reach or 48 inches above the finished floor for a front reach.
§§ 4.25.3, 4.2.5, 4.2.6.
6. The top of the toilet seat measures 16 inches above the finished floor. Provide a
toilet with a seat between 17 and 19 inches above the finished floor.
§§ 4.17.3 & Fig.30(d).
7. The designated accessible stall has no rear grab bar. Provide a rear grab bar that is
at least 36 inches long with the end closer to the side wall mounted no more than 6
inches from the side wall. §§ 4.17.6 & Fig. 30(a).
8. The toilet paper dispenser in the designated accessible stall is located above the
side grab bar and is 37 inches from the finished floor and 29 inches from the back
wall. Provide a dispenser so that it is below the side grab bar and the farthest edge
of the toilet paper roll is no more than 36 inches from the back wall with its
centerline no less than 19 inches from the finished floor. §§ 4.16.6, 4.17.3 & Fig.
30(d), 4.2.6.
i. Men's Toilet Room
1. The designated accessible toilet stall is 39 1 /2 inches wide and 52 inches deep.
Provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches
deep (56 inches if the toilet is wall mounted) such that all of the stall's elements,
including stall door, stall door hardware, water closet, size and arrangement, toe
clearances, grab bars, and controls and dispensers comply with the Standards.
§§ 4.22.4, 4.17.3 & Fig. 30 (a), 4.26, 4.27.
2. There is no accessible sign at the door. Provide a sign with raised characters and
Braille on the wall adjacent to the latch side of the door so that the centerline of the
sign is 60 inches above the ground and so that a person can approach to within 3
inches of the signage without encountering obstructions or standing within a door
swing. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
3. The height of the lavatory provides a clearance of 21 inches from the finished
floor to the bottom of the apron. Provide a lavatory that has a clearance of at least
29 inches above the finished floor to the bottom of the apron and which otherwise
complies with the Standards. §§ 4.19.2 & Fig. 31.
4. The top of the toilet seat measures 16 inches above the finished floor. Provide a
toilet with a seat between 17 and 19 inches above the finished floor. §§ 4.17.3 &
Fig.30(d).
Page 40 of 48
5. The designated accessible stall has no rear grab bar. Provide a rear grab bar that is
at least 36 inches long with the end closer to the side wall mounted no more than 6
inches from the side wall. §§ 4.17.6 & Fig. 30(a).
56. Swimming Pool/Bathhouse at Mineral Palace Park
The City will complete the following modifications to Swimming Pool/Bathhouse and
Mineral Palace Park within two years of the effective date of this Agreement:
a. Counter - Front Service
1. The top of the front service counter is 45 1 /4 inches above the finished floor.
Provide a counter that is at least 36 inches wide and no more than 36 inches high;
or provide an auxiliary counter with a maximum height of 36 inches; or provide
equivalent facilitation (e.g., by offering those services at an accessible location for
individuals who use wheelchairs). § 7.2(2).
b. Counter - Near Women's Shower Room
1. The top of the service counter is 45 1 /2 inches above the finished floor. Provide a
counter that is at least 36 inches wide and no more than 36 inches high; or provide
an auxiliary counter with a maximum height of 36 inches; or provide equivalent
facilitation (e.g., by offering those services at an accessible location for individuals
who use wheelchairs). § 7.2(2).
C. Concession Stand
The top of the concession stand is 45 1 /4 inches above the finished floor. Provide a
counter that is at least 36 inches wide and no more than 36 inches high; or provide
an auxiliary counter with a maximum height of 36 inches; or provide equivalent
facilitation (e.g., by offering those services at an accessible location for individuals
who use wheelchairs). § 7.2(2).
d. Women's Bathroom
There is no sign designating the women's bathroom as accessible. Provide a sign
with raised letters and Braille on the wall adjacent to the latch side of the door so
that the centerline of the sign is 60 inches above the finished floor and a person can
approach within 3 inches of the sign without encountering protruding objects or
standing within the swing of a door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
2. The women's shower stalls are not accessible. Provide one shower stall that is
exactly 36 inches wide by 36 inches deep, has a clear floor space that is 36 inches
wide by 48 inches deep extending 12 inches beyond the seat wall to enable a
wheelchair user to make a lateral transfer, has a shower seat and grab bars, has
controls between 38 and 48 inches above the shower floor and between the
Page 41 of 48
centerline and the outer edge of the shower on the wall opposite the seat wall, and
has a shower spray unit with a 60 inch long hose or a fixed shower head mounted
at 48 inches above the shower floor. §§ 4.21, Fig. 35(a), Fig. 37.
3. The lavatory in the women's bathroom room has twist -type faucets. Provide
controls that are operable with one hand and do not require tight grasping, pinching
or twisting of the wrists to operate. §§ 4.19.5, 4.27.4.
4. The hot water and drain pipes beneath the lavatory are not insulated or configured
to protect against contact. Insulate or otherwise configure the hot water and drain
pipes to protect against contact. § 4.19.4.
5. The toilet stall contains the following non - compliant elements: the stall is 31 1 /2
inches wide and 62 inches deep; the side grab bar is mounted 16 inches from the
back wall, the rear grab bar is 23 inches long, the centerline of the toilet is 16
inches from the side wall; the toilet paper dispenser is 26 inches from the finished
floor and 38 inches from the back wall; and the and the top of the toilet seat
measures 19 1 /2 inches above the finished floor. Provide a "standard" accessible
toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall
mounted) such that all of the stall's elements, including stall door, stall door
hardware, water closet, size and arrangement, toe clearances, grab bars, and
controls and dispensers comply with the Standards. §§ 4.17.3 & Fig. 30 (a), 4.26,
�-- 4.27.
e. Men's Bathroom
1. The men's shower stalls are not accessible. Provide one shower stall that is exactly
36 inches wide by 36 inches deep, has a clear floor space that is 36 inches wide by
48 inches deep extending 12 inches beyond the seat wall to enable a wheelchair
user to make a lateral transfer, has a shower seat and grab bars, has controls
between 38 and 48 inches above the shower floor and between the centerline and
the outer edge of the shower on the wall opposite the seat wall, and has a shower
spray unit with a 60 inch long hose or a fixed shower head mounted at 48 inches
above the shower floor. §§ 4.21, Fig. 35(a), Fig. 37.
2. The height of the lavatory provides a clearance of 27 inches from the finished floor
to the bottom of the apron. Provide a lavatory that has a clearance of at least 29
inches above the finished floor to the bottom of the apron and which otherwise
complies with the Standards. §§ 4.19.2 & Fig. 31.
3. There are no accessible shower stalls in the men's bathroom. Provide one shower
stall that is exactly 36 inches wide by 36 inches deep, has a clear floor space that is
36 inches wide by 48 inches deep extending 12 inches beyond the seat wall to
enable a wheelchair user to make a lateral transfer, has a shower seat and grab bars,
�-- has controls between 38 and 48 inches above the shower floor and between the
centerline and the outer edge of the shower on the wall opposite the seat wall, and
Page 42 of 48
has a shower spray unit with a 60 inch long hose or a fixed shower head mounted
at 48 inches above the shower floor. §§ 4.21, Fig. 35(a), Fig. 37.
6. Kiddie Pool
There is a step down to the kiddie pool area. Provide an accessible route to the kiddie pool
area that complies with the Standards. §§ 4.3.8, 4.8.
57. El Centro del Quinto Sol Community Center
The City intends to close this facility. In the event the City does not do so, it will
complete the following modifications to El Centro del Quinto Sol Community Center
within three years of the effective date of this Agreement:
a. Accessible Route
1. The indoor court is not accessible. Provide an accessible route to the indoor court
that complies with the Standards. §§ 4.3.8, 4.8.
2. The interior ramp leading to the basement of the center has a slope of more than a
1:6 which exceeds the maximum allowable 1:12 slope for a ramp. Provide a ramp
that has a slope no greater than 1:12. §§ 4.3.8, 4.8.2.
b. Men's Toilet Room
The toilet stall contains the following non - compliant elements: the stall is 38'/2
inches wide and 74 inches deep; the side grab bar is mounted 32 inches above the
finished floor, the rear grab bar is mounted 32 inches above the finished floor and
1 '/4 inches from the side wall, the centerline of the toilet is 19 inches from the side
wall. Provide a "standard" accessible toilet stall at least 60 inches wide and 59
inches deep (56 inches if the toilet is wall mounted) such that all of the stall's
elements, including stall door, stall door hardware, water closet, size and
arrangement, toe clearances, grab bars, and controls and dispensers comply with
the Standards. §§ 4.22.4, 4.17.3 & Fig. 30 (a), 4.26, 4.27.
2. The lavatory has twist -type faucets. Provide controls that are operable with one
hand and do not require tight grasping, pinching or twisting of the wrists to
operate. §§ 4.19.5, 4.27.4.
3. The mirror in the toilet room is mounted so that the bottom edge of the reflecting
surface is 43 inches above the finished floor. Provide a mirror that is mounted
with the bottom edge of the reflecting surface no higher than 40 inches above the
finished floor. § 4.19.6.
Page 43 of 48
4. Insufficient clear floor space is provided to access the urinal. Provide a minimum
clear floor space of 30 inches by 48 inches. § 4.2.4.1.
C. Women's Toilet Room
1. The door to the toilet room has a clear opening width of 27 inches. Provide a
doorway with a minimum clear opening width of at least 32 inches measured from
the face of door to the opposite door stop with the door open 90 degrees.
§§ 4.13.5 & Fig.24(a).
2. The centerline of the toilet is located 24 inches from the side wall. Provide a toilet
so that the centerline is exactly 18 inches from the side wall. §§ 4.17.3 & Fig.
30(a).
3. The space between the wall and the rear grab bar is 1 N inches. Provide a rear grab
bar so that the space between the wall and the bar is exactly 1 '/2 inches.
§§ 4.17.6, 4.26.2 & Fig. 39(e).
4. The toilet paper dispenser is located 26'/2 inches from the finished floor. Provide a
dispenser so that it is below the side grab bar and the farthest edge of the toilet
paper roll is no more than 36 inches from the back wall with its centerline no less
than 19 inches from the finished floor. §§ 4.16.6, & Fig. 30(d), 4.2.6.
11
5. The hot water and drain pipes beneath the lavatory are not insulated or configured
to protect against contact. Insulate or otherwise configure the hot water and drain
pipes to protect against contact. § 4.19.4.
6. The lavatory has twist -type faucets. Provide controls that are operable with one
hand and do not require tight grasping, pinching or twisting of the wrists to
operate. §§ 4.19.5, 4.27.4.
7. The mirror in the toilet room is mounted so that the bottom edge of the reflecting
surface is 42 inches above the finished floor. Provide a mirror that is mounted
with the bottom edge of the reflecting surface no higher than 40 inches above the
finished floor. § 4.19.6.
58. Beckwood Park
The City will complete the following modifications to Beckwood Park within one year of
the effective date of this Agreement:
1. The park lacks an accessible route from the sidewalk or the street. Provide an
accessible route into the playground that complies with the Standards. §§ 4.1.2(1),
4.3, 4.5.
1— MISCELLANEOUS PROVISIONS
Page 44 of 48
59. Except as otherwise specified in this Agreement, at three, six, nine, and 12 months after
the effective date of this Agreement, and annually thereafter until the termination or
expiration of the Agreement, the City, through its ADA Coordinator, will submit written
reports to the Department summarizing the actions the City has taken pursuant to this
Agreement. Reports will include detailed photographs - showing measurements,
architectural plans, work orders, notices published in the newspapers, copies of adopted
policies, and proof of efforts to secure fundinglassistance for structural renovations or
equipment.
60. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the City will
maintain the accessibility of its programs, activities, services, facilities, and equipment,
and will take whatever actions are necessary (such as routine testing of accessibility
equipment and routine accessibility audits of its programs and facilities) to do so. This
provision does not prohibit isolated or temporary interruptions in service or access due to
maintenance or repairs. 28 C.F.R. § 35.133(b).
61. Within 120 days of the effective date of this Agreement, the City will develop or procure a
two -hour training program on the requirements of the ADA and appropriate ways to
interact with persons with disabilities. The City will use the ADA technical assistance
materials developed by the Department and will consult with interested persons, including
individuals with disabilities, in developing or procuring the ADA training program.
�^ 62. Within one year of the effective date of this Agreement, the City will deliver its training
program to all City employees. At the end of that period, the City submit a copy of its
training curriculum and materials to the Department, along with a list of employees trained
and the name, title, and address of the trainer.
IMPLEMENTATION AND ENFORCEMENT
63. If at any time the City desires to modify any portion of this Agreement because of changed
conditions making performance impossible or impractical or for any other reason, it will
promptly notify the Department in writing, setting forth the facts and circumstances
thought to justify modification and the substance of the proposed modification. Until
there is written Agreement by the Department to the proposed modification, the proposed
modification will not take effect. These actions must receive the prior written approval of
the Department, which approval shall not be unreasonably withheld or delayed.
64. The Department may review compliance with this Agreement at any time. If the
Department believes that the City has failed to comply in a timely manner with any
requirement of this Agreement without obtaining sufficient advance written agreement
with the Department for a modification of the relevant terms, the Department will so
notify the City in writing and it will attempt to resolve the issue or issues in good faith. If
the Department is unable to reach a satisfactory resolution of the issue or issues raised
within 30 days of the date it Provides notice to the City, it may institute a civil action in
federal district court to enforce the terms of this Agreement, or it may initiate appropriate
steps to enforce title II and section 504 of the Rehabilitation Act.
Page 45 of 48
65. For purposes of the immediately preceding paragraph, it is a violation of this Agreement
for the City to fail to comply in a timely manner with any of its requirements without
obtaining sufficient advance written agreement with the Department for an extension of
the relevant time frame imposed by the Agreement.
66. Failure by the Department to enforce this entire Agreement or any provision thereof with
regard to any deadline or any other provision herein shall not be construed as a waiver of
the Department's right to enforce other deadlines and provisions of this Agreement.
67. This Agreement is a public document. Either party shall make the document available for
inspection and copying in accordance with the law. The Department shall make a copy of
this document available to any person upon request. The City will make the document
available for inspection at the office of City Clerk without charge and may place a copy on
the City's internet website.
68. This Agreement constitutes the entire agreement between the parties on the matters raised
herein, and no other statement, promise, or agreement, either written or oral, made by
either party or agents of either party, that is not contained in this written Agreement
(including its Attachments), shall be enforceable. This Agreement does not purport to
remedy any other potential violations of the ADA or any other federal law. This
Agreement does not affect the City's continuing responsibility to comply with all aspects
�. of the ADA and section 504 of the Rehabilitation Act.
69. This Agreement will remain in effect for seven years from the effective date of this
Agreement, or until the parties agree that full compliance with this Agreement by the City
has been achieved.
70. The City's contact person for purpose of receiving notices from the Department and the
individual directly responsible on behalf of the City for reporting to the Department under
this Agreement, unless otherwise stated or assigned herein, shall be City's designated
ADA Coordinator.
71. TABOR (Taxpayer's Bill of Rights) Limitations
a. Nothing herein shall constitute, nor be deemed to constitute, the creation of a debt
or multi -year fiscal obligation or an obligation of future appropriations by the City
Council of City, contrary to Article X, § 20 of the Colorado Constitution or any
other constitutional, statutory or charter debt limitation.
b. At the time of entering into this Agreement, the City fully intends to satisfy its
obligations under this Agreement. During each fiscal year during the term of this
Agreement, the City Manager shall include in the initial budget proposal submitted
to Council under §7 -2 of the City Charter appropriations sufficient to cover the
City's obligations under this Agreement for each year. At the time of entering into
Page 46 of 48
this Agreement, the City reasonably believes that funds in amounts sufficient to
discharge these obligations can and will lawfully be appropriated and made
available for this purpose. In the event the budget or other means of
appropriations does not provide funds in sufficient amounts to discharge these
obligations, the City shall notify the Department and seek an extension of the term
of this Agreement so as to meet such obligation in one or more subsequent fiscal
years.
r
Page 47 of 48
x :
72. The person signing for the City represents that he or she is authorized to bind the City to
this Agreement.
73. The effective date of this Agreement is the date of the last signature below.
For the City of Pueblo, A Municipal For the United States:
Corporation:
R ALEXANDER ACOSTA
Assistant Attorney General
Civil Rights Division
1
By:
By ` �� ..- / -' 1 // � e' JO ,oiSt L. WODAT H, Chief
RANDY,THURSTON • • Y LOU MOBLEY, Acting Deputy Chief
\President of City Council JOSH MENDELSOHN, Supervisory Attorney
` _ ZULMA SOTO, Investigator
=ATTEST _ MICHELE ANTONIO MALLOZZI, Architect
�,. _ w \
G DUTCHER
U.S. Department of Justice
ra\g_3 Civil Rights Division
A 950 Pennsylvania Avenue, N.W.
Ci Clerk Disability Rights Section - NYA
Washington, DC 20530
. APPROVED AS TO FORM: Date: 9(.2-A..i2 ) ..)- 0 6 {
1-1,4
/ Rr l q ---
THOMAS / A GER
City Attorney
Date: Apri 1 12, 2004
Page 48 of 48
NOTICE UNDER THE AMERICANS
WITH DISABILITIES ACT
In accordance with the requirements of title 11 of the Americans with Disabilities Act
of 1990, the City will not discriminate against qualified individuals with disabilities on
the basis of disability in the City's services, programs, or activities.
Employment: The City does not discriminate on the basis of disability in its hiring or employment
practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity
Commission under title I of the Americans with Disabilities Act (ADA).
Effective Communication: The City will generally, upon request, provide appropriate aids and
services leading to effective communication for qualified persons with disabilities so they can
participate equally in the City's programs, services, and activities, including qualified sign language
interpreters, documents in Braille, and other ways of making information and communications
accessible to people who have speech, hearing, or vision impairments.
Modifications to Policies and Procedures: The City will make all reasonable modifications to
policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all
City programs, services, and activities. For example, individuals with service animals are welcomed
in City offices, even where pets are generally prohibited.
Anyone who requires an auxiliary aid or service for effective communication, or a modification of
policies or procedures to participate in a City program, service, or activity, should contact the office
of Ms. Beth Vega as soon as possible but no later than 48 hours before the scheduled event.
The ADA does not require the City to take any action that would fundamentally alter the nature of its
programs or services, or impose an undue financial or administrative burden.
Complaints that a City program, service, or activity is not accessible to persons with disabilities
should be directed to Ms. Vega.
The City will not place a surcharge on a particular individual with a disability or any group of
individuals with disabilities to cover the cost of providing auxiliary aids /services or reasonable
modifications of policy, such as retrieving items from locations that are open to the public but are
not accessible to persons who use wheelchairs.
Attachment A to Settlement Agreement between the United States of America and the City of Pueblo in
D7# 204 -13 -269
The City of Pueblo
Grievance Procedure under
The Americans with Disabilities Act
This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of
1990. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of
disability in the provision of services, activities, programs, or benefits by the City. The City's Personnel
Policy governs employment- related complaints of disability discrimination.
The complaint should be in writing and contain information about the alleged discrimination such as name,
address, phone number of complainant and location, date, and description of the problem. Alternative
means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made
available for persons with disabilities upon request.
The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later
than 60 calendar days after the alleged violation to:
Ms. Beth Vega
1 City Hall Place
1" Floor of City Hall
Pueblo, Colorado 81003
Within 15 calendar days after receipt of the complaint, Ms. Vega or her designee will meet with the
complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting,
Ms. Vega or her designee will respond in writing, and where appropriate, in format accessible to the
complainant, such as large print, Braille, or audio tape. The response will explain the position of the City
and offer options for substantive resolution of the complaint.
If the response by Ms. Vega or her designee does not satisfactorily resolve the issue, the complainant
and/or his/her designee may appeal the decision of within 15 calendar days after receipt of the response to
the City Manager/ County Commissioner/ other appropriate high -level official or his/her designee.
Within 15 calendar days after receipt of the appeal, the City Manager/ County Commissioner/ other
appropriate high -level official or his/her designee will meet with the complainant to discuss the complaint
and possible resolutions. Within 15 calendar days after the meeting the City Manager/ County
Commissioner/ other appropriate high -level official] or his/her designee will respond in writing, and, where
appropriate, in a format accessible to the complainant, with a final resolution of the complaint.
All written complaints received by Ms. Vega or her designee, appeals to the City Manager/ County
Commissioner/ other appropriate high -level official or his/her designee, and responses from these two
offices will be retained by the City for at least three years.
Attachment B to Settlement Agreement between the United States of America and the City of Pueblo in
DJ# 204 -13 -269
JAMES W. BILLINGS JR.
CHIEF OF POLICE
POLICY STATEMENT REGARDING
EFFECTIVE COMMUNICATION WITH
PEOPLE WHO ARE DEAF OR HARD OF HEARING
OVERVIEW
It is the policy of this law enforcement agency (Agency) to ensure that a consistently high
level of service is provided to all community members, including those who are deaf or hard of
hearing. This Agency has specific legal obligations under the Americans with Disabilities Act
and the Rehabilitation Act. To carry out these policies and legal obligations, the Agency
instructs its officers and employees as follows:
• People who are deaf or hard of hearing are entitled to a level of service equivalent
to that provided hearing persons.
• The Agency will make every effort to ensure that its officers and employees
communicate effectively with people who are deaf or hard of hearing.
• Effective communication with a person who is deaf or hard of hearing involved in
an incident -- whether as a victim, witness, suspect, or arrestee -- is essential in
ascertaining what actually occurred, the urgency of the matter, and type of
situation.
• Various types of communication aids — known as "auxiliary aids and services" —
are used to communicate with people who are deaf or hard of hearing. These
include use of gestures or visual aids to supplement oral communication; an
exchange of written notes; use of a computer or typewriter; use of assistive
listening devices (to amplify sound for persons who are hard of hearing); or use of
qualified oral or sign language interpreters.
• The type of aid that will be required for effective communication will depend on
the individual's usual method of communication, and the nature, importance, and
duration of the communication at issue.
Attachment C to Settlement Agreement between the United States of America and the City of Pueblo in
DJ# 204 -13 -269
Page 1 of 4
• In many circumstances, oral communication supplemented by gestures and visual
aids, an exchange of written notes, use of a computer or typewriter, or use of an
assistive listening device may be effective. In other circumstances, qualified sign
language or oral interpreters are needed to communicate effectively with persons
who are deaf or hard of hearing. The more lengthy, complex, and important the
communication, the more likely it is that a qualified interpreter will be required
for effective communication with a person whose primary means of
communication is sign language or speech reading. For example:
— If there has been an incident and the officer is conducting witness
interviews, a qualified sign language interpreter may be required to
communicate effectively with someone whose primary means of
communication is sign language.
— If a person is asking an officer for directions to a location, gestures and
an exchange of written notes will likely be sufficient to communicate
effectively.
• To serve each individual effectively, primary consideration should be given to the
communication aid or service that works best for that person. Officers must ask
i— persons who are deaf or hard of hearing what type of auxiliary aid or service they
need. Officers must defer to those expressed choices, unless there is another
equally effective way of communicating, given the circumstances, length,
complexity, and importance of the communication, as well as the communication
skills of the person who is deaf or hard of hearing.
• The Agency is not required to provide a particular auxiliary aid or service if doing
so would fundamentally alter the nature of the law enforcement activity in
question, or if it would cause an undue administrative or financial burden. Only
the Agency head or his or her designee may make this determination. For
example:
— If the Agency has limited financial resources and providing a particular
auxiliary aid would cost a large sum of money, the Agency head may
determine that it would be an undue financial burden (note: the Agency's
budget as a whole must be considered). In this situation, the most
effective means of communication that does not involve an undue burden
must be used.
Attachment C to Settlement Agreement between the United States of America and the City of Puebla in
DJ# 204 -13 -269
Page 2 of 4
• The input of people who are deaf or hard of hearing who are involved in incidents
is just as important to the law enforcement process as the input of others. Officers
must not draw conclusions about incidents unless they fully understand -- and are
understood by -- all those involved, including persons who are deaf or hard of
hearing.
• People who are deaf or hard of hearing must never be charged for the cost of an
auxiliary aid or service needed for effective communication.
ON -CALL INTERPRETIVE SERVICES
• The Agency will maintain a list of sign language and oral interpreting services
that are available (on -call 24 hours per day) and willing to provide qualified
interpreters as needed. Each of these services will be chosen after having been
screened for the quality and skill of its interpreters, its reliability, and other factors
such as cost. The Agency will update this list annually.
• A qualified sign language or oral interpreter is one who is able to interpret
effectively, accurately, and impartially, both receptively and expressively, using
any necessary specialized vocabulary. Accordingly, an interpreter must be able to
i— sign to the deaf individual (or interpret orally to the person who does not use sign
language) what is being said by the hearing person and to voice to the hearing
person what is being signed or said by the deaf individual. The interpreter must
be able to interpret in the language the deaf person uses (e.g., American Sign
Language or Signed English) and must be familiar with law enforcement terms
and phrases. Because a qualified interpreter must be able to interpret impartially,
a family member, child, or friend of the individual who is deaf may not be
qualified to render the necessary interpretation because of factors such as
professional, emotional, or personal involvement, or considerations of
confidentiality. Additionally, although a "qualified" interpreter may be certified,
a certified interpreter is not necessarily "qualified," if he or she is not a good
communications match for the deaf person (e.g., where the deaf person uses
Signed English and the interpreter uses American Sign Language) or the situation
(e.g., where the interpreter is unfamiliar with law enforcement vocabulary).
Certification is not required in order for an interpreter to be "qualified."
Attachment C to Settlement Agreement between the United States of America and the City of Pueblo in
DJ# 204 -13 -269
Page 3 of 4
TTY AND RELAY SERVICES
• In situations when a non disabled person would have access to a telephone,
officers must provide persons who are deaf or hard of hearing the opportunity to
place calls using a text telephone (TTY, also known as a telecommunications
device for deaf people, or TDD). Officers must also accept telephone calls placed
by persons who are deaf or hard of hearing through the Telecommunications
Relay Service.
TECHNIQUES FOR OFFICERS TO COMMUNICATE EFFECTIVELY
• Officers must review and have a working knowledge of Guide for Law
Enforcement Officers When In Contact With People Who Are Deaf or Hard of
Hearing. This document reviews how officers should communicate effectively in
the types of situations officers will encounter. These situations include:
- Issuing a noncriminal or motor vehicle citation.
- Communicating with a person who initiates contact with an officer.
- Interviewing a victim or critical witness to an incident.
- Questioning a person who is a suspect in a crime.
i- - Making an arrest or taking a person into custody.
- Issuing Miranda Warnings to a person under arrest or in custody.
- Interrogating a person under arrest or in custody.
PROCEDURES FOR OBTAINING AUXILIARY AIDS AND SERVICES
• Officers must utilize the following auxiliary aids, when available, to communicate
effectively:
- Use of gestures
- Use of visual aids
- Exchange of written notes
- Use of computers or typewriters
- Use of assistive listening devices
- Use of teletypewriters (TTY's)
- Use of qualified oral or sign language interpreters
Attachment C to Settlement Agreement between the United States of America and the City of Pueblo in
DJ# 204 -13 -269
Page 4 of 4
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