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CITY OF SEWARD, ALASKA
RESOLUTION NO. 89-013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, Al,ASKA, APPROVING A PRE-DETERMINATION
SETTLEMENT AGREEMENT REGARDING HANDICAP ACCESS
TO PUBLIC FACILITIES
WHEREAS, the city of Seward has been concerned with
upgrading and improving access to public facilities; and
WHEREAS, the city has negotiated a pre-determination
settlement agreement with the state of Alaska Human Rights
Commission relating to access to public facilities;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, that:
Section 1. The Pre-Determination Settlement Agreement
attached hereto is approved.
Section 2. This resolution shall take effect immedi-
ately upon its adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
Sm.JARD, ALASKA, this ----1L day of Februarv , 19~.
THE CITY OF SE\.JARD, ALASKA
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HARR GIESEL~ MAYOR
AYES:
NOES:
ABSENT:
ABSTAIN:
GIESELER, DUNHAM, HILTON, MEEHAN, NOLL, O'BRIEN, SIMUTIS
NONE
NONE
NONE
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 89-013
ATTEST:
APPROVED AS TO FORM:
PERKINS COlE, Attorneys for
the City of Seward, Alaska
cb~~!t. JM~Phr:l(M~fAPttf.,~ Fr:?~ ~vf~
City Clerk City Attorney
(City Seal)
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RECEIVED
STH[ OF AI ASKA
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JAi~ i 2 1989
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BEFORE THE ALASKA STATE COMMISSION FOR HUMAN RIGHTS
LAWRENCE C. HARMON, SR., )
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Complainant, )
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v. )
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CITY OF SEWARD , INC. , )
)
Respondent. )
)
)
JOHN H. WILFONG, )
)
Complainant, )
. )
v. )
)
CITY OF SEWARD, INC. , )
)
Respondent. )
)
ASCHR No. C-88-125
ASCHR No. C-88-131
PRE-DETERMINATION SETTLEMENT
I. GENERAL PROVISIONS:
A. A complaint has been filed with the Alaska State
Commission for Human Rights by the complainants named above
against the respondent, the City of Seward (City).
B. The parties understand that this agreement constitutes
a total settlement of the issues between them and is not an
admission or statement regarding the requirements or remedies
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Predetermination Settlement/Page 1 of 9
available under the Alaska Human Rights Law or other applicable
civil rights laws.
C. The commission agrees to close the case and refrain
from seeking other statutory remedies relating to the
above-captioned complaint, subject to the parties' compliance
with the terms of this agreement.
II. COMPLAINANTS:
A. Complainants hereby agree not to sue the City pursuant
to Alaska Human Rights Law or other applicable civil rights laws
with respect to any of the allegations of this case, subject to
the City's compliance with this agreement.
B. Complainants release and forever discharge the City,
its predecessors or successors in interest, assigns and all other
person liable, who might claim to be liable, and all employees,
agents, contractors and/or servants of the City, individually and
collectively, of and from all actions, causes of actions, all
other lawsuits, administrative proceedings, controversies,
claims, damages, and demands of every kind and nature, mature or
to mature in the future, arising out of the facts surrounding the
complainant's charges filed with the commission.
I I I. RESPONDENT:
A. The City hereby waives all further administrative
procedures before the commission on this matter, including a
commission hearing.
Predetermination Settlement/Page 2 of 9
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B. This agreement shall not be interpreted to mean that
the City is absolved from any duty to afford equal employment
opportunities or affirmative action as may be required under
other applicable laws and regulations.
C. This agreement does not constitute an admission by the
City of any violation of Alaska Human Rights Law or other
applicable civil rights laws.
IV. ENFORCEMENT:
A. The terms of this agreement are legally binding in the
same manner and to the same extent as a commission order issued
following a public hearing pursuant to AS 18.80.130. This
agreement shall be enforceable in any court of competent
jurisdiction.
B. Any party to this agreement may allege noncompliance by
another party or parties with the terms of this agreement, by
preparing a position in writing and serving it on the commis-
sion's executive director and the other party or parties. Within
10 days of the mailing of this notification, the parties shall
meet to attempt to resolve the dispute. The executive director
will make the final resolution of the dispute. The executive
director's determination shall be binding upon the parties,
subject to jUdicial review pursuant to AS 18.80.135(a).
V. REMEDIAL PROVISIONS:
A. The City agrees to and asserts the position and policy
Predetermination Settlement/Page 3 of 9
that any discrimination based on physical or mental disability
has not place in the delivery of municipal services to citizens
of and visitors to the community, in considering applicants for
jobs or any other employment practice, or in promoting for all
citizens full participation in community life.
B. The City agrees to perform physical alterations in
streets, lands, buildings and grounds as listed and as
prioritized in Schedule A, which is made part of this agreement.
The City agrees to implement this provision through ordinance or
regulation, and to reorder priorities and make adjustments in its
budgets to the extent necessary to carry out its purposes.
C. The City agrees to enforce access to public streets,
sidewalks and parking in accordance with the City Code and Alaska
State Statutes.
D. The City agrees to make provision for full access to
its facilities and services by requiring compliance with the ANSI
Al17.1-1980, ANSI Al17.1-1986 or other recognized architectural
standards for making buildings accessible to and usable by
disabled persons, in its construction contracts or contracts for
leasing of new buildings with third parties.
E. The parties agree that certain public facilities in
Seward, Alaska, including those essential to public health and
safety, are presently inadequate. The parties agree to provide
mutual assistance in informing the Alaska Legislature of the
extent of the deficiencies in existing facilities.
Predetermination Settlement/Page 4 of 9
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F.
The parties agree that the existing Seward General
Hospital does not provide barrier-free access to the public even
for emergency medical needs, and is structurally not suitable for
alteration to provide access. The City intends to solve the
problem by construction of a new hospital facility and has
identified such construction as its highest capital improvement
priority.
G. The City agrees to provide services to disabled persons
upon request at an alternative location when modifying existing
public facilities would impose an undue burden.
H. The parties agree to prepare a press release about this
agreement, subject to review by the Commission's Executive
Director for approval prior to release to the news media. For
this purpose, the complainants and the City waive their rights to
the confidentiality of their case under AS 18.80.115 to the
extent of the information contained in the statement.
I. The Commission agrees to provide reasonable levels of
technical assistance to the City in interpretation of Commission
regulations concerning discrimination in the provision of
governmental services to persons with mental or physical
disabilities.
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J~CI /d-aAM1q)}JA-
Lawrence C. Harmon, Sr.
Predetermination Settlement/Page 5 of 9
/- ) 7- '89
Date
Q{f:f!~
This agreement ratified by Resolution 89-~ of the City of
Seward, entered on the
13 day of February
, 1989.
ATTEST:
Date
Linda S. Murphy, City Clerk
This agreement is approved this ____ day of
1989.
For the Commission:
Laurel A. Murphy, Director
Special Investigations
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Predetermination Settlement/Page 6 of 9
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PRIORITY LISTING OF IMPROVEMENTS
TO PUBLIC FACILITIES IN SEWARD
SCHEDULE A
I. ACCESS TO BUSINESS DISTRICT
A. Parkin~. In addition to all parking spaces designated
within the City for the use of disabled persons as of September
1, 1988, new designated parking spaces accessible in accordance
with ANSI Al17.1-1980 or ANSI Al17.l-l986 at these locations:
1. One parking space accessible to City Hall to be desig-
nated by February 1, 1989, with an accessible route to City
Hall to be constructed by October I, 1989.
2. Remove the bike rack from the designated space at the
Seward Public Library on the corner of Adams and 5th by
February 1, 1989.
3. One space at location A, B, or C of the attached map at
the option of the City to be designated by February 1, 1989.
City to provide curb cut by June I, 1989.
4. One space at location D or E of the attached map at the
option of the City to be designated by February 1, 1989.
City to provide curb cut by June 1, 1989.
B. Curb Cut. Pedestrian curb cut at the northwest corner of
the intersection of Adams St. and Fifth Avenue by June I, 1989.
II. ESSENTIAL PUBLIC HEALTH FACILITIES
Hospital Access. Exterior ramps in accordance with ANSI
Al17.1-1980 or ANSI Al17.1-l986 at the following locations:
Predetermination Settlement/Page 7 of 9
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1. New or improved ramp and accessible route to replace
present access route via kitchen area by October 1, 1989.
2. New ramp access to the lower (south) door of building by
October 1, 1989.
III. ACCESS TO PUBLIC SERVICE FACILITIES
A. City Hall. The City recognizes the need to upgrade
existing offices at City Hall including, where feasible or
appropriate the suggestions made by Kumin Associates, Inc., on
November 3, 1988. The City agrees to prioritize its upgrades
within available funding as follows:
1. Access from the exterior of the building to the first
floor offices (see I. 1. above), including doors in
compliance with ANSI A1l7.l-l980, by October 1, 1989.
2. Access to all City offices on the first floor at City
Hall following the ANSI Al17.1-l980, ANSI Al17.1-1986 or
other recognized architectural standards for making
buildings accessible to disabled users, where such
improvements would not affect structural integrity or be
unreasonably burdensome to the City. Obligation to be
continuing as funds become available.
3. Best efforts to provide access to a restroom or restrooms
on first floor.
4. Access to the City Museum.
The parties recognize that access for disabled persons to
Predetermination Settlement/Page 8 of 9
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State facilites on the second floor of City Hall may be beyond
the financial capabilities of the City with existing funding and
the preferred solution would be construction of new state office
facilities with adequate access.
B. Public Restrooms. Concrete access ramps to comply with
ANSI A1l7.l-l980 or ANSI Al17.l-l986 at the picnic area on
7th Avenue, on the waterfront at Ballaine Avenue, and at the
day use area at the Adams Street Pavilion by October 1,
1989.
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Predetermination Settlement/Page 9 of 9