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ADA Readily Achievable Determination Ordinance_2nd ReadingTHE CITY OF DUB Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: ADA Readily Achievable Determinations DATE: October 23, 2012 Dubuque All- America City 2012 Building Services Manager Rich Russell recommends City Council approval of an update to the City's Accessibility Code to clarify how the readily achievable standards is determined and provide for the use of alternative methods of reasonable accommodations in the event that the barrier removal is not readily achievable. The policy for determination of readily achievable includes a maximum out -of- pocket expense of $500 per property. The actual cost of the project could be more than $500, with the cost in excess of $500 being avoided by a 50% Federal Tax Credit and /or a 50% City ADA grant. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Rich Russell, Building Services Manager THE CITY OF Dui Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Rich Russell, Building Services Manager DATE: October 16, 2013 SUBJECT: ADA Readily Achievable Determinations Dubuque Seal All- America City 11111 2007 INTROD UCTION This memo transmits a request to update city's Accessibility Code that will clarify how the readily achievable standard is determined. This amendment would also provide for the use of akernative methods or reasonable accommodations in the event that barrier removal is not readily achievable. BACKGROUND The City began the enforcement of the locally- adopted Americans With Disabilities Act in January 2009. The program began after the City Council at that time had made accessibility a priority. As a result of the enforcement efforts and property owner cooperation, nearly 400 business are now compliant with accessibility requirements. Some of these property owners have expressed a concern about the cost of barrier removal. DISCUSSION Several meetings were held with members of the Legal, Building Services and City Manager's office to discuss options for application of the readily achievable portion of the current ordinance. The attached ordinance gives the City Manager the authority to determine whether a project is readily achievable. The attached policy for determination of readily achievable includes a maximum out -of- pocket expense of $500 per property. The actual cost of the project could be more than $500, with the cost in excess of $500 being avoided by a 50% federal tax credit and/or a 50% City ADA grant. RECOMMENDATION Adoption of the ordinance and policy. PROJECT COST - BUDGET IMPACT None ACTION TO BE TAKEN Adoption of the ordinance and policy. Prepared by: Memo by Rich Russell, Building Services Manager Ordinance and Policy by Crenna Bruwell, Assistant City Attorney cc: Crenna Brumwell, Assistant City Attorney Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381 ORDINANCE NO. 59 12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE I ACCESSIBILITY CODE FOR READILY ACHIEVABLE CHANGES, SECTION 14 -11 -3 REMOVAL OF ARCHITECTURAL BARRIERS IF READILY ACHIEVABLE BY ADDING LANGUAGE TO CLARIFY THAT THE DETERMINATION OF READILY ACHIEVABLE WITHIN THE CITY OF DUBUQUE WILL BE MADE BY THE CITY MANAGER NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14 -11 -3 of the City of Dubuque Code of Ordinances is amended to read as follows: 14 -11 -3: REMOVAL OF ARCHITECTURAL BARRIERS IF READILY ACHIEVABLE: A. Removal Required: It shall be a violation of this article for an owner of a public accommodation to fail to remove architectural barriers, and communication barriers that are structural in nature, in any public accommodation, where such removal is readily achievable, as determined by the city manager. The phrase "readily achievable" shall have the meaning set forth under the Americans with Disabilities Act of 1990 (42 USC 12182), as amended, and any implementing regulations. B. Availability Through Alternative Methods: Where an owner can demonstrate that the removal of a barrier under subsection A of this section is not readily achievable, an owner shall nonetheless be required to make existing facilities available through alternative methods if such methods are readily achievable, as determined by the city manager. Attest: Section 2. This Ordinance takes effect upon publication. Passed, approved and adopted the 19 t hday o November , 2012. D. Roy D. Buo ayor 40/ 0-P7 vr■ &mow OFFICIAL PUBLICATION ORDINANCE NO.59 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER BUILDING CODES, y ARTIL,E 'I ACCESSIBILITY CODE FOR READILY ACHIEV- ABLE CHANGES, SECTION 1411 -3 REMOVAL OF. ARCH- ITECTURAL BARRIERS IF READILY ACHIEV- ABLE BY ADDING LANGUAGE TO CLARIFY THAT THE DETERMINATION OF READILY ACHIEV- ABLE WITHIN THE CITY OF DUBUQUE WILL BE MADE BY THE CITY MANAGER NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14- 11 -3 of the -City of Dubuque Code of Ordinances is amended togheadt;as`follows: 14=1f -3: REMOVAL OF ARCHITECTURAL BAR- RIERS IF READILY ACHIEVABLE: A. Removal Required: It shall be a violation of this article for an owner of a public accommodation to fail to remove architec- tural, barriers, and communication bar- riers that are structural in nature, in any public accommodation, where such removal is readily achievable, as deter- mined by the city I manager. The phrase "readily achievable'." shall have the meaning set forth under the Americans with Dis- abilities Act of 1990 (42 USC 12182), as amended, and any implementing regula- tions. • B. Availability Through Alternative Methods: Where an owner can demon- strate that the removal of a barrier under subsection A of this section is not readily achievable, an owner shall nonetheless be required to make existing facilities avail- able through alter- native methods if such methods are readily achievable, as deter- mined by the city manager. Section 2. This Ordinance takes effect upon publication. • Passed, approved and adopted the 19th day of November, 2012. /s /Roy D. Buol, Mayor Attest /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of November, 2012. /s /Kevin S Firnstahl, City Clerk It 11/23 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: November 23, 2012, and for which the charge is $20.99. Subscribed to before me, otary Public in and for Dubuque County, Iowa, this a7Z3 day of /% , 20 /a- Notary Public in and for Dubuque County, Iowa. e> N MARY RY K INESTERMEYER Ccmrn v'c , h r ,,;F • EFFECT OF AMENDMENT 14 -11 -3: REMOVAL OF ARCHITECTURAL BARRIERS IF READILY ACHIEVABLE: A. Removal Required: It shall be a violation of this article for an owner of a public accommodation to fail to remove architectural barriers, and communication barriers that are structural in nature, in any public accommodation, where such removal is readily achievable, as determined by the city manager. The phrase "readily achievable" shall have the meaning set forth under the Americans with Ddisabilities Aact of 1990 (42 USC 12182), as amended, and any implementing regulations. B. Availability Through Alternative Methods: Where an owner can demonstrate that the removal of a barrier under subsection A of this section is not readily achievable, an owner shall nonetheless be required to make existing facilities available through alternative methods if such methods are readily achievable, as determined by the city manager. Readily Achievable Barrier Removal Expense Threshold and Alternatives 1. Readily achievable means that the cost to remove architectural and communication barriers that are structural in nature does not exceed a five hundred dollar ($500) out of pocket for a property and /or business owner taking into consideration tax credits and available grant funding. 2. Where the cost of removing barriers to accessibility exceeds a five hundred dollar ($500) out of pocket expense for a property and /or business owner, taking into consideration tax credits and available grant funding, the property and /or business owner shall work with the Building Official to prioritize barrier removal up to the five hundred dollar ($500) out of pocket threshold. 3. Where the barrier removal expense threshold is exceeded the property and /or business owner shall work with the Building Official to develop a written plan to make existing facilities available to persons with disabilities through alternative methods. 4. The Building Official cannot waive compliance with the Americans with Disabilities Act of 1990. 1 0 6 9 M A I N S T R E E T D U B U Q U E I O W A 5 2 0 0 1 - 4 7 2 4  [ 5 6 3 ] 5 8 8 - 4 4 0 0 [ 5 6 3 ] 5 8 8 - 0 6 4 5 - F A X W W W . D U B U Q U E M A I N S T R E E T . O R G  November 16, 2012 City Council Members City of Dubuque Dear Honorable Mayor and City Council Members: On behalf of the board of directors of Dubuque Main Street, I am writing in support of the recommended new implementation policy for the City’s Americans with Disabilities Act (ADA) determination of readily achievable to include a maximum out-of-pocket expense of $500 per property. We find this clarification on how the City will look at readily achievable and reasonable accommodations to be a satisfactory resolution to some complicated and difficult situations we have recently faced. There is a likelihood of increased frequency of these challenges as we get further into our initiative to improve accessibility throughout our community. This new policy will also help us balance historic preservation requirements with our desire to make all buildings more accessible. It is probably appropriate here to also thank the council for supporting the recently implemented Downtown ADA Assistance Program to help defray costs to property and business owners. We are strong advocates of using “carrots” over “sticks,” when possible. Please also note DMS’ commitment to continue to encourage ADA improvements and compliance every time we conduct design assistance visits with stakeholders. Since I joined Main Street 14 years ago, we have provided literature on compliance, tax credit and other incentive programs. Our Main Street Iowa complimentary design drawings always address any potential ADA problems. We understand if a full rehabilitation of a building is endeavored upon, full compliance may be required. Should anyone need further details of our endorsement of the new ADA policy, please call me at 563- 588-4400. I will also be in attendance at Monday’s council meeting, should clarification be needed then. Sincerely, Daniel L. LoBianco Executive Director cc: Mike Van Milligen A M A I N S T R E E T I O W A A F F I L I A T E Page of >> Kevin Firnstahl Update to City's Accessibility Code 111912 >>> From: Katrina Wilberding <katrina@proudlyaccessibledubuque.com> To: David Resnick <dresnick@cityofdubuque.org>, Karla Braig <kbraig@cityofdu... Date: 11/19/2012 3:42 PM Subject: Update to City's Accessibility Code 111912 >> CC:Christina Rader <crader@rethinkmarketing.com>, Jim Weber > <jimweber@webe... Attachments: pastedGraphic.pdf ear Mayor Buol, City Council, City Manager and City Staff. > Proudly Accessible Dubuque applauds the efforts to clarify the readily achievable” > standards in the City of Dubuque's Accessibility Code and appreciates the conversation with city staff last week to review how they arrived at the recommended amendments and to answer our questions. Enforcing a phrase as vague as readily achievable” is frustrating. However, while the > application of a maximum outofpocket cost for a business certainly appears to simplify, >> we are very concerned about specifying a dollar amount for two reasons: • Equity: it does not differentiate the responsibility of a large business versus that of a momandpop shop. >> • Big picture: it adds more ambiguity for businesses by setting up a different standard for businesses under the local law than what they are required to adhere to under state and federal laws. PAD's mission is to assist businesses, all businesses, in matters involving accessibility. We have hired an executive director, Linda Ayers, who will be instrumental in helping the business community understand the spirit of ADA regulations. She will help businesses minimize out of pocket expenses while maximizing their return on investment. Proudly Accessible Dubuque is now a professional organization which allows us to be proactive in situations that might require mediation.We have offered to develop and maintain the PAD Mediation Panel (consisting of business owners, architects or file:///C:/Users/kfirnsta/AppData/Local/Temp/XPgrpwise/50AA5353DBQ...11/19/2012 Page of >> contractors and PAD professional staff) that will advise on problem situations including the specific issues found with historic structures. We are committed to continue efforts to increase each business’ bottom line by helping them to welcome the thousands and thousands of citizens and tourists who care about accessibility issues. PAD and its Board of Directors hopes to collaborate with our > original partner, the City of Dubuque, to develop a formula that will be workable for the City and more equitable for each of our businesses. Katrina WilberdingLinda Ayers Founding DirectorExecuive Director Proudly Accessible Dubuque 5635807357 >> ProudlyAccessibleDubuque.com file:///C:/Users/kfirnsta/AppData/Local/Temp/XPgrpwise/50AA5353DBQ...11/19/2012