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HomeMy WebLinkAboutRes1989-013 . . . Sponsored by: Arvidson 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 ~. ~ .I.....~ HARR GIESEL~ MAYOR AYES: NOES: ABSENT: ABSTAIN: GIESELER, DUNHAM, HILTON, MEEHAN, NOLL, O'BRIEN, SIMUTIS NONE NONE NONE -1- . . . 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) -2- RECEIVED STH[ OF AI ASKA H'u'!"1 r".~."... n'. . I :......,. f , "l.. ( t~, 111 (' r" r ..... ~ 1 , . \ d ~," ;"/ CITY O~ -,. ',^-r- _ _ _ _. t-. .:::.:.... ",....hl. . Office of the CitJ Clerk JAi~ i 2 1989 s; '..)-;-j';('(~{;R:iL ;);:;~,; ..\..,;',' io: "HvrU\CE BEFORE THE ALASKA STATE COMMISSION FOR HUMAN RIGHTS LAWRENCE C. HARMON, SR., ) ) Complainant, ) ) v. ) ) 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 . 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 . . . 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 . . . 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. (j/7/1 Cf D e I 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 t:}FPY.J""<i ~ fp ~~""': ~ NU-~~ Pfyf't<'(4/J ce)d. C ('1'1 ~fO"4/' ~ Predetermination Settlement/Page 6 of 9 . . . 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 ,~ ., I 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 . . . 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. ~t~ / Predetermination Settlement/Page 9 of 9