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
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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
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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