BACKGROUND

A. SCOPE OF THE INVESTIGATION

The United States Department of Justice ("Department") initiated this matter as a compliance review of the City of Pella, Iowa ("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.

The review was conducted by the Disability Rights Section (DRS) of the Department’s Civil Rights Division and focused on the City’s compliance with the following title II requirements:

• C 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 II regulations (28 C.F.R. Part 35), 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 II and the Department’s regulations, 28 C.F.R. §35.106;
  
  
• to designate a responsible employee to coordinate its efforts to comply 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:
  
  

  C 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") or the Uniform Federal Accessibility Standards ("UFAS");
  
  

• C 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 telecommunications device for the deaf (TDD), 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 TDD or computer to telephone emergency services, including 911 services, for persons who use TDD’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).
  
  

The Department limited its program access review to those of the City’s programs, services, and activities that operate in the facilities listed in Attachment A, as well as its polling places. Of those facilities, the new Public Library, the Public Safety Complex, West Market Park, and the Soccer Complex constitute new construction commenced after January 26, 1992. The City Hall, renovated in 1997, constitutes an alteration that commenced after January 26, 1992.

B. 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 to conduct this compliance review under 42 U.S.C. § 12133 in order to determine the City’s compliance with title II and the Department’s implementing title II regulation, to issue findings and, where appropriate, to negotiate and secure a voluntary compliance agreement. Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133, to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance.

3. The Department is authorized to conduct this compliance review 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, 42.108-110, to suspend or terminate financial assistance to the City 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.

C. ACTIONS TAKEN BY THE CITY

4. The City conducted a self-evaluation and prepared a transition plan in 1992 for the purposes of complying with the ADA. An advisory committee from the University of Iowa that included individuals with disabilities and those who are associated with individuals with disabilities assisted the City in these endeavors.

5. The City’s self-evaluation outlined steps to bring its employment policies into compliance with title I of the ADA and the employment provisions of title II. Pre-employment medical or disability inquiries do not appear on the City’s employment application and are prohibited in the interview process. The City states that it recognizes its obligation not to discriminate against qualified individuals with disabilities in all aspects of hiring and employment; to reasonably accommodate applicants and employees with disabilities upon notice of need, unless to do so causes an undue hardship; and to keep medical information confidential and separate from employees’ personnel files.

6. The City published separate notices of its ADA responsibilities on February 4, 1992, and June 14, 1993, that notified applicants, participants, beneficiaries, and other interested persons of their rights and the City’s obligations under title II and the Department’s regulations. The bulletin board in City Hall prominently posts official notice of the nondiscrimination provisions of the ADA.

7. The City named an ADA Coordinator to oversee its compliance with the requirements of title II. Steven Bell, Director of Community Services, has held this position since 1992.

8. The City adopted an ADA grievance procedure by resolution of the City Council on February 4, 1992. The procedure provides for a grievance to be lodged with the ADA Coordinator, with an appeal to the City Council. The procedure does not impede an individual’s right to file an administrative complaint or litigation under the ADA.

9. The City’s transition plan focused on physical changes to provide program access. It embarked on a program to provide parking spaces for persons with disabilities; ensure that all city sidewalks have curb cuts; widen doors at several buildings; install accessible playground equipment; install entrance ramps; and renovate restrooms.

10. The City uses the Iowa Relay Service to communicate with members of the public who use teletypewriters (TTYs).

11. The parties to this Agreement are the United States of America and the City of Pella, Iowa. In order to avoid the burdens and expenses of an investigation and possiblelitigation, the parties hereby agree as follows:

D. REMEDIAL ACTION

12. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter regarding paragraphs 14-29 below, except as provided in paragraphs 33 and 35 .

13. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the ADA Standards for Accessible Design ("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 28 C.F.R. §§ 35.150(b)(1), 35.151. The Standards appear at 28 C.F.R. Part 36, Appendix A.

E. POLICIES AND PROCEDURES

14. Within 30 days of the effective date of this Agreement, the City will distribute the attached Notice (Attachment B) to all agency heads 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.

15. Within 30 days of the effective date of this Agreement, the City will install signage in the City Council chambers to notify patrons of the availability of a listening system. Standards §§ 4.1.3(19)(b), 4.30.7(4) & Fig. 43(d).

16. Within 60 days of the effective date of this Agreement, the City will identify vendors that print Braille documents, and will develop written procedures, with time frames, for fulfilling requests from the public for qualified sign language interpreters, for providing documents in alternate formats (Braille, large print, cassette tapes, etc.), and for making available assistive listening systems and other auxiliary aids and services.

17. The City will report to the Department within 90 days of the effective date of this Agreement the actions it has taken to comply with paragraphs 14-16.

F. SIGNAGE ON ACCESSIBLE AND INACCESSIBLE ENTRANCES

18. Within six months of the effective date of this Agreement, the City will conduct a survey of its facilities and provide signage at all inaccessible locations directing users to an accessible entrance or location at which they can obtain information about accessible features. 28 C.F.R. 35.163(b).

G. CITY TELEPHONE COMMUNICATION

19. Within 60 days of the effective date of this Agreement, the City will take steps to inform the public that persons with hearing impairments may use the Iowa Relay Service as a means of communicating with city officials. The City will publicize the telephone number of the Iowa Relay Service on the letterhead and business cards of the City, department, or division and in City announcements and official publications.

H. PHYSICAL CHANGES

In order to ensure that the following facilities, for which construction commenced after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City will take the following actions.

20. The site and architectural plans for the newly constructed Public Library, which was completed in 2000, were submitted to the Department. Within six months of the effective date of this Agreement the City will take the following actions in order to ensure that the new library is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulations and the Standards:

Site Plan - Sheet 1.1

a. Parking

i) There is no signage displaying the International Symbol of Accessibility reserving the designated accessible parking spaces. Install appropriate signage at these parking spaces.
Standards §§ 4.1.2(5) and 4.6.4, 4.30.7.

ii) Parking spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2%) in all directions. (This specification was not indicated on the site plan.)
Standards §§ 4.1.2(5) and 4.6.3.

b. Exterior Route

i) The running slope shall not exceed 1:20, or the route will be considered a ramp and will comply with the ramp requirements. Nowhere shall the cross slope of an accessible route exceed 1:50 (2%). (This specification was not indicated on the site plan.)
Standards §§ 4.1.2(1) and 4.3.7, 4.8.

Main Level Floor Plan - Sheet 4.1.

c. Lobby 101

i) The highest operable part of the new telephone shall be mounted no higher than 54" or lower than 9" for a side approach or no higher than 48" or lower than 15" for a front approach. (This specification was not indicated on the site plan.) Standards §§ 4.1.3(17), 4.31.3, 4.2.5, 4.2.6.

d. Toilet 108a

i) Signage shall have raised and Braille characters. (These specifications were not indicated on the site plan.) Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, and 4.30.6.

ii) There is a lavatory counter adjacent to the latch side of the door with only 9" of maneuvering space. There needs to be maneuvering space of at least 18" at the latch side of the door for a forward pull approach. Standards §§ 4.1.3(7) and 4.13.6.

iii) Thresholds at this doorway shall not exceed 1/2", door hardware shall be easy to grasp with one hand, closing speed shall be at least 3 seconds, and the force required to open the door shall not exceed 5 lbf. (These specifications were not indicated on the site plan.) Standards §§ 4.1.3(7), 4.13.8, 4.13.9, 4.13.10, and 4.13.11.

iv) Door 108a swings into the clear floor space at the lavatory. A clear floor space 30" x 48" shall be provided in front of a lavatory to allow a forward approach, and the door shall not swing into the required clear floor space.
Standards §§ 4.1.3(11), 4.22.2, 4.22.3, 4.22.6, 4.19.3.

v) The side toilet grab bar extends 53" from the rear wall to the end of the grab bar. The side grab bar shall extend at least 54" from the rear wall to the end of the grab bar.
Standards §§ 4.1.3(11), 4.22.4, and 4.16.4.

e. Men’s Restroom 105 and Women’s Restroom 106

i) Signage shall have raised and Braille characters. (These specifications were not indicated on the plan.) Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii) Thresholds at these doorways shall not exceed 1/2", door hardware shall be easy to grasp with one hand, closing speed shall be at least 3 seconds, and the force required to open the door shall not exceed 5 lbf. (These specifications were not indicated on the plan.) Standards §§ 4.1.3(7), 4.13.8, 4.13.9, 4.13.10, 4.13.11.

iii) The designated accessible toilet stall doors are only 30" wide. Provide a toilet stall door with at least a 32" clear opening width.
Standards §§ 4.1.3(11), 4.22.4, 4.17.5, 4.13.4.

iv) The toilet paper dispenser is 40 inches from the rear wall to the front edge of the roll. The dispenser shall be no more than 36" from the rear wall to the front edge of the roll. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, and Fig. 30(d).

f. Toilet 124

i) Signage shall have raised and Braille letters. (These specifications were not indicated on the plan.) Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii) There is a lavatory counter adjacent to the latch side of Door 124a with only 16" of maneuvering space at the latch side of the door for a forward pull approach. The approach shall be at least 18". Standards §§ 4.1.3(7) and 4.13.6.

iii) The height of the door threshold shall not exceed 1/2", door hardware shall be easy to grasp with one hand, closing speed shall be at least 3 seconds, and the force required to open the door shall not exceed 5 lbf. (These specifications were not indicated on the site plan.) Standards §§ 4.1.3(7), 4.13.8, 4.13.9, 4.13.10, 4.13.11.

iv) Door 124a swings into the clear floor space at the lavatory. A clear floor space 30" x 48" shall be provided in front of a lavatory to allow a forward approach and the door shall not swing into the required clear floor space.
Standards §§ 4.1.3(11), 4.22.2, 4.22.3, 4.22.6, 4.19.3.

v) The side toilet grab bar extends 52" from the rear wall to the end of the grab bar. The side grab bar shall extend at least 54" from the rear wall to the end of the grab bar.
Standards §§ 4.1.3(11), 4.22.4, and 4.16.4.

g. Kitchen 130

The height of the counter is 36". A portion of the counter shall be between 28" and 34" high, with knee space that is at least 30" wide and between 17" and 19" deep. Standards §§ 4.1.3(18), 4.32.3, and 4.32.4.

h. Storage 128

Although an audible fire alarm system is provided in the building, there are no visual alarm signals provided in the storage room. Install visual alarms. Standards §§ 4.1.3(14) and 4.28.1.

i. Staff Lounge 123

The height of the counter is 36". A portion of the counter shall be between 28" and 34" high, with knee space that is at least 30" wide and between 17" and 19" deep. Standards §§ 4.1.3(18), 4.32.3, 4.32.4.

21. Within eighteen months of the effective date of this Agreement, the City will take the following actions to ensure that the Public Safety Complex, constructed in 1996, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulations and the Standards:

a. Men’s Restroom in Lobby

i) The signage is mounted on the middle of the door. Install signage with raised and Braille characters mounted on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor. Standards §§ 4.1.3.(16)(a), 4.30.4, 4.30.5, 4.30.6.

ii) The width of the men’s toilet stall is 57" and the depth is 56". One stall shall be at least 60" wide and 59" deep. Standards §§ 4.1.3(11), 4.22.4, 4.17.3 and Fig. 30(a).

iii) The side grab bar begins at 13" from the wall. The side grab bar shall begin no more than 12" from the back wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6 and Fig. 30(d).

iv) There is no rear grab bar. There shall be a rear grab bar at least 36" long that begins no more than 6" from the side wall. Standards 4.1.3(11), 4.22.4, 4.17.6 and Fig. 30(a)(c), 4.26.

v) The mirror is mounted at 43" above the finish floor to the bottom edge of the reflecting surface. Provide a mirror that is no higher than 40" above the finish floor to the bottom edge of the reflecting surface.
Standards §§ 4.1.3(11), 4.22.6, 4.19.6.

vi) The hot water and drain pipes beneath the lavatories are exposed. Install insulation on the pipes of the designated accessible lavatory. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.

b. Holding Cell #2

The City will use the accessible restroom next to the interview room immediately outside the cell for any prisoners who use wheelchairs or have physical disabilities.

22. Within twenty four months of the effective date of this Agreement, the City will take the following actions to ensure that West Market Park, constructed in 1992, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards:

a. Men’s and Women’s Restrooms

The City will provide accessible restrooms for men and women through the construction of a new restroom facility or renovation.

23. Within eighteen months of the effective date of this Agreement, the City will take the following actions to ensure that the Soccer Complex, constructed in 1998, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards:

a. Restrooms

i) The restroom signs are on the middle of the doors and lack appropriate characters. Provide signage with raised characters and Braille, non-glare and contrasting, mounted on the wall adjacent to the latch side of the door or nearest adjacent wall, with centerline of the sign 60" above the ground.
Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii) The coat hook on the door of the designated accessible toilet stall is 59 1/2 inches above the ground. Provide a coat hook that is no more than 54 inches above the ground for a side reach. 4.1.3(12), 4.25.3, 4.2.6.

iii) The designated accessible toilet stall in the men’s toilet room does not have a rear grab bar. Provide a rear grab bar at least 36" long beginning not more than 6" from side wall.
Standards §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26, and Fig. 30(a)(c).

iv) The designated accessible toilet stall in the men’s toilet room has a side grab bar that is mounted on the floor adjacent to the toilet and intrudes upon the clear floor space required at the toilet. Remove this grab bar.
Standards §§ 4.1.3(11), 4.22.4, 4.17.3, and Figure 30(a).

v) The toilet paper dispenser is 39" from the back wall to the farthest edge of the dispenser and mounted above the side grab bar. Provide a toilet paper dispenser that is mounted at no more than 36" from back wall to the farthest edge of the dispenser and below the side grab bar.
Standards §§ 4.1.3(11), 4.22.4, 4.17.3 and Fig. 30(d).

vi) The designated accessible toilet stall door hardware requires tight pinching and twisting of the wrist. Provide door hardware that is easy to grasp with one hand and does not require tight grasping, tight pinching or twisting of the wrist. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, 4.13.9.

b. Concession Stand

The counter is 42 _ inches high. Counters with cash registers must have a portion of the counter a minimum of 36 inches in length that is a maximum of 36 inches high. Standards § 7.2(1).

In order to ensure that the following spaces in City facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City will take the following actions.

24. Within eighteen months of the effective date of this Agreement, the City will take the following actions to ensure that City Hall, renovated in 1997, is readily accessible to and usable by individuals with mobility impairments and meets the requirements of the title II regulation and the Standards:

a. Accessible Entrance

i) There is currently no signage designating the accessible route from the accessible parking to the accessible entrance in the rear of the building. Provide directional signage to the accessible entrance.
Standards §§ 4.1.6(b), 4.1.3(8)(d), 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

ii) The designated accessible entrance is not identified with the International Symbol of Accessibility. Provide identifying signage at the accessible entrance. Standards §§ 4.1.6(1)(b), 4.1.2(7)(c), 4.30.7.

iii) There is a 1" threshold at the designated accessible entrance. Modify the threshold so that it is no more than 1/2" and beveled at 1:2 or less. Standards §§ 4.1.6(1)(b), 4.1.3(7)(a), 4.13.8.

iv) The door handle is a knob and requires tight grasping and twisting of the wrist. Provide door hardware that is easy to grasp with one hand and does not require tight grasping, tight pinching or twisting of the wrist.
Standards §§ 4.1.6(1)(b), 4.1.3(7)(a), 4.13.9.

In order to ensure 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 people with mobility impairments and meets the requirements of the title II regulation and the Standards, the City will take the following actions.

25. Within two years the City will make the following alterations to the Community Center:

a. Elevator

The hoistway signage at the second floor elevator has Braille lettering 35" from the floor. Hoistway entrances should have raised and Braille lettering on both door jambs at 60" from centerline to the finish floor. Standards § 4.10.5.

b. Restrooms - 2nd Floor

i) The toilet seat is 15 1/2" from the floor. Provide a toilet seat that is between 17" and 19" from the floor. Standards §§ 4.17.2, 4.16.3 and Figure 29(b).

ii) The clear opening width of the toilet stall door is 30 1/2". Provide a toilet stall door with a clear opening width of at least 32 inches. Standards §§ 4.17.5, 4.13.5.

iii) The designated accessible toilet stall in the toilet rooms does not have a rear grab bar. Provide a rear grab bar at least 36" long that begins no more than 6" from side wall. Standards §§ 4.17.6 and Fig. 30(a)(c), 4.26.

iv) The designated accessible toilet stall in the toilet rooms has a side grab bar that is mounted on the floor adjacent to the toilet and intrudes upon the clear floor space required at the toilet. Remove this grab bar. Standards §§ 4.17.3 and Figure 30(a).

v) The designated accessible toilet stall door hardware requires tight pinching and twisting of the wrist. Provide door hardware that is easy to grasp with one hand and does not require tight grasping, tight pinching, or twisting of the wrist. Standards §§ 4.17.5, 4.13.9.

vi) The rim of the urinal is 23 1/2" above the floor. Provide a urinal with an elongated rim that is no more than 17" from the finish floor. Standards
§ 4.18.2.

vii) The flush control of the urinal is 53 1/4" from the floor. Provide a urinal with a flush control that is no more than 44" high. Standards § 4.18.4.

viii) The hot water and drain pipes beneath the designated accessible lavatory are not insulated. Install insulation on the pipes. Standards § 4.19.4.

ix) The paper towel dispenser is 56 3/4" from floor to control. Provide a paper towel dispenser with a control no higher than 54" above the finish floor for a side reach; or no higher than 48" above the finish floor for a forward reach. Standards §§ 4.27.3, 4.2.5, 4.2.6.

c. Auditorium Stage

Stairs to the stage make it inaccessible. The City will adopt a written policy that enables persons with disabilities to participate in programs, services or activities that take place on the auditorium stage. This will include installation of an accessible ramp to the stage as necessary. 28 C.F.R. § 35.150, Standards
§§ 4.33.5, 4.8, 4.11.

d. Room 202

The hot water and drain pipes beneath the lavatories are not insulated. Install insulation on the pipes of one lavatory .
Standards § 4.19.4.

e. Parking

Parking spaces at the side of the Community Center lack van accessible parking. Install a van accessible parking space with a 96 inch access aisle.
Standards§§ 4.1.2(5)(a)(b), 4.6.4, 4.30.7.

26. Within eighteen months the City will make the following alterations to the Indoor Pool:

a. Parking

The pool has 190 parking spaces, two of which are designated as accessible. Provide a total of five accessible parking spaces with demarcated access aisles, one of which is van accessible with a 96 inch access aisle. Standards §§ 4.1.2(5)(a)(b), 4.6.4, 4.30.7.

b. Drinking Fountain

The spout outlet of the drinking fountain in the lobby is 39" high. Provide a fountain that is accessible to a person in a wheelchair and a fountain that is accessible to those have difficulty bending and stooping.
Standards§§ 4.1.3(10)(a), 4.15.2.

c. Women’s and Men’s Lockers/Changing Rooms

i) Robe hooks next to the soap dispenser are 68 1/2" high. Provide a robe hook that is mounted no more than 54" above the finish floor for a side reach or no higher than 48" above the finish floor for a forward reach. Standards §§ 4.25.3, 4.2.5, 4.2.6.

ii) The hair dryer controls are mounted 61" from the finish floor. Provide a hair dryer with a control no higher than 54" above the finish floor for a side reach or no higher than 48" above the finish floor for a forward reach. Standards §§ 4.27.3, 4.2.5, 4.2.6.

iii) The lavatory mirror is mounted 44" above the finish floor to the bottom edge of the reflecting surface. Provide at least one mirror that is mounted no higher than 40" above the finish floor to the bottom edge of the reflecting surface. Standards § 4.19.6.

iv) The hot water and drain pipes beneath the lavatories are not insulated. Install insulation on the pipes of one lavatory. Standards § 4.19.4.

v) The lavatory faucets have twist knobs. Provide faucets on one lavatory that do not require tight grasping, pinching or twisting of the wrist. Standards §§ 4.19.5, 4.27.4.

vi) The designated accessible toilet stall lacks a rear grab bar. Provide a rear grab bar at least 36 inches long that begins no more than 6 inches from the side wall. Standards § 4.17.6 and Fig. 30(a)(c).

vii) The coat hanger on the toilet stall door is 62 _ inches above the finish floor. Provide a coat hanger that is no more than 54" above the finish floor for a side reach or no more than 48 inches above the finish floor for a forward reach. Standards §§ 4.25.3, 4.2.6, 4.2.5.

viii) There are no grab bars or shower spray unit provided in the shower. Provide grab bars and a shower spray unit or a fixed shower head mounted at 48 inches above the shower floor for at least one shower. Standards
§§ 4.21.4 and 4.21.6, 4.26, and Figures 35 and 37.

ix) The rim of the designated accessible urinal in the men’s locker/changing room is 22" above the finish floor and the flush controls are 48" above the finish floor. Provide a urinal with an elongated rim no more than 17" from the finish floor and a flush control that is no more than 44" high. Standards §§ 4.18.2, 4.18.4.

x) The signage for the men’s locker/changing room is on the middle of the door. Provide signage mounted on the wall next to the latch side of the door with raised and Braille lettering with the centerline of the sign 60" above the finish floor. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

xi) Provide locker storage with a hook and shelf that are no more than 54 inches high for a side reach or 48 inches high for a forward reach for at least one of each type of locker. Standards §§ 4.25.3, 4.2.6, 4.2.5.

27. Within eighteen months the City will make the following alterations to Caldwell Park:

a. Restrooms

i) The ramp to the pavilion does not have handrails. Provide handrails on both sides of the ramp. Standards §§ 4.8.5, 4.26.

ii) The lavatory hot water and drain pipes are not insulated and the faucets require twisting of the wrist to operate. Install insulation on the pipes and provide faucets that do not require tight pinching, grasping, or twisting of the wrist. Standards §§ 4.19.4, 4.19.5, 4.27.4.

iii) The partition between the men’s urinals restricts clear floor space. Width is only 28" to approach urinal. Provide a clear floor space of at least 30" x 48" in front of one urinal. Standards §§ 4.18.3, 4.2.4.

iv) The toilet paper dispenser is mounted above the grab bar. Provide a toilet paper dispenser that is no more than 36 inches from the rear wall to the farthest edge of the dispenser and mounted below the side grab bar. Standards § 4.17.3 and Figure 30(d).

v) The coat hanger on the toilet stall door is mounted at 64" above the finish floor. Provide a coat hanger that is no more than 54" above the finish floor for a side reach or no more than 48" above the finish floor for a forward reach. Standards §§ 4.25.3, 4.2.5, 4.2.6.

28. The City will request the Airport to make the following alterations within eighteen months of the effective date of this Agreement. (The City leases the land to the private operators of the airport. The operators have their own responsibilities under title III of the ADA to remove barriers to accessibility and thus could be subject to an independent federal compliance review.)

a. Water Fountain

The water fountain’s spout outlet is 39 1/2" from the floor. Provide a water fountain that is accessible to a person in a wheelchair and a fountain that is accessible to those who have difficulty bending and stooping . Standards
§§ 4.1.3(10)(a), 4.15.2.

b. Vending Area

There is a step down into the vending area. Provide a ramp down to the vending area or provide vending machines in an accessible location. Standards §§ 4.3.8, 4.5.2, 4.8.

c. Restrooms

i) The door opening width of the entry door is 31" wide. Provide a toilet stall door with a clear opening width of at least 32". Standards §§ 4.17.5, 4.13.5.

ii) Restroom door lacks appropriate signage. Provide signs mounted at 60" to the centerline of the sign on the wall next to the latch side of the door, and include raised and Braille lettering. Standards §§ 4.30.4, 4.30.5, 4.30.6.

iii) The toilet stall door clear opening width is 30 1/2". Provide a toilet stall door with a clear opening width of at least 32" wide. Standards §§ 4.17.5, 4.13.5.

iv) The toilet stall is 42" wide and 73 1/2" deep. Provide a toilet stall that is at least 60" wide and 59" deep. Standards § 4.17.3 and Fig. 30(a).

v) The lavatory apron is 27 1/4" high. Reposition the lavatory so that the apron is at least 29" above the finish floor. Standards § 4.19.2 and Fig. 31.

vi) The lavatory hot water and drain pipes are not insulated. Install insulation on the pipes. Standards § 4.19.4.

vii) The paper towel dispenser control is 55 _ inches high. Provide a paper towel dispenser with a control that is no more than 54 inches high for a side reach or 48 inches high for a forward reach. Standards §§ 4.27.3, 4.2.6, 4.2.5.

viii) The urinal rim is 23 1/2" above the finish floor and maneuvering space is too small. Provide a urinal with an elongated rim not more than 17" from the floor with clear floor space of at least 30" x 48" in front. Standards §§ 4.18.2, 4.18.3, 4.2.4.1.

ix) The toilet stall has no rear grab bar. Provide a rear grab bar at least 36" long that begins not more than 6" from side wall. Standards §§ 4.17.6 and Fig. 30(a)(c), 4.26.

x) The toilet seat is 15" from the floor. Provide a toilet seat that is between 17" and 19" from the floor. Standards § 4.16.3 and Fig. 29(b).

xi) The centerline of the toilet is 21" from the wall. Reposition the toilet so that the centerline is 18" from the wall. Standards § 4.17.3 and Fig. 30(a).
xii) The side toilet grab bar is mounted with the farthest end of the grab bar 46 inches from the rear wall and is 38 1/4 inches high. Provide a side grab bar so that its end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long and its end furthest from the back wall is located at least 52 inches from the wall and it is between 33 and 36 inches high. Standards §§ 4.17.6, 4.26, Figure 30(d).

29. Within eighteen months of the effective date of this Agreement, the City will make the following alterations to the Outdoor Pool:

a. Parking

The designated accessible parking space provided does not have a demarcated access aisle and is not van accessible. Provide at least one van accessible parking space served by an access aisle at least 96 inches wide and identified by an additional "van accessible" sign mounted below the symbol of accessibility. Standards §§ 4.1.2(5)(b), 4.6.4.

b. Pool Lift

There are no signs or other written information that describe the Pool’s policy that the pool supervisor is responsible for operating the lift for persons with disabilities who require its use. The City should post this policy in writing on the pool premises. 28 C.F.R. 35.130(b)(7), Standards §§ 4.1.3(16)(b), 4.30.2, 4.30.3, 4.30.5.

c. Women’s and Men’s Toilet/Changing Rooms

i) The lavatories in the changing rooms have controls that require twisting to operate. Provide faucet controls that do not require tight pinching, grasping or twisting of the wrist. Standards §§ 4.19.5, 4.27.4.

ii) The hot water and drain pipes under the lavatory are not insulated. Install insulation on the pipes of one lavatory. Standards § 4.19.4.

iii) The mirror is mounted at 42" above the floor to the bottom edge of the reflecting surface. Provide a mirror so that the bottom edge of its reflecting surface is no higher than 40" above the floor. Standards § 4.19.6.

iv) The toilet paper dispenser is on the stall door. Provide a toilet paper dispenser that is mounted below the grab bar no more than 36" from the back wall to the farthest edge of the dispenser and at least 19" high to the centerline of the roll. Standards § 4.17.3 and Fig. 30(d).

v) The rear grab bar in the designated accessible stall is 31 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. Standards § 4.17.3, Figure 30(a)(c).

vi) The coat hook on the door of the designated accessible stall is 64 inches high. Provide a coat hook that is not more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a forward reach. Standards §§ 4.25.3, 4.2.5, 4.2.6.

vii) The rim of the urinal in the men’s changing room is at 23" above the finish floor. Provide a urinal with an elongated rim that is no more than 17" above the finish floor. Standards § 4.18.2.

viii) The flush control on the urinal in the men’s changing room is 48" from the floor. Provide a urinal that is mounted so that the flush control is no more than 44" high. Standards § 4.18.4.

ix) There are no grab bars or show spray unit provided in the shower. Provide grab bars and shower spray unit or a fixed shower head mounted at 48 inches above the shower floor for at least one shower. Standards §§ 4.21.4, 4.21.6, 4.26, and Figures 35 and 37.

x) The shower controls are 51 inches above the finish floor. Provide shower controls that are between 38 and 48 inches above the finish floor. Standards § 4.21.5, Figure 37.

xi) If none in place, provide a 24 x 48 inch bench fixed to the wall along the larger dimension. Standards § 4.35.4.

30. The City leases space in schools owned by the Pella School District and in local private schools for its recreational programs. The Pella School District is a public entity subject to title II, and thus could be subject to an independent federal compliance review. Likewise, the local private schools may be subject to title III or Section 504 and thus could be subject to an independent federal compliance review. This Agreement does not limit such future enforcement by any person or entity.

The City will advise the school district of the findings made by the Department of Justice with respect to city programs conducted at the schools. The City will request the School District or the local private school, as appropriate, to take the following actions. The request will specify that the alterations be completed within twenty four months of the effective date of this Agreement.

a. Pella Christian School Restrooms

i) The lavatory apron is 20 inches above the finish floor and the lavatory in the restrooms requires a foot control to operate the water flow. Add an accessible lavatory. Standards §§ 4.19.1, 4.27.4.

ii) The designated accessible toilet stall is 41 1/2 inches wide. Provide an accessible toilet stall that is at least 60 inches wide. Standards § 4.17.3 and Figure 30(a).

iii) The side toilet grab bar is mounted with the nearest end of the grab bar 19 inches from the rear wall. Provide a grab bar so that its end nearest the back wall begins no more than 12 inches from the wall, it is at least 42 inches long and its end farthest from the back wall is located 52 inches from the wall. Standards §§ 4.17.6, 4.26, Figure 30(d).

iv) There are no rear grab bars in the designated accessible toilet stall. Provide a rear grab bar that is at least 36" long and begins not more than 6" from the side wall. Standards §§ 4.17.6 and Fig. 30(a)(c), 4.26.

v) The centerline of the toilet is 20" from the wall. Remount the toilet so that the centerline is 18" from the side wall. Standards § 4.17.3 and Fig. 30(a).

vi) The height of the urinal rim in the men’s room is 19 3/4". Provide a urinal with an elongated rim no more than 17" from the finish floor. Standards §4.18.2.

vii) The flush control on the urinal in the men’s room is 47" above the finish floor. Provide a urinal that is mounted so that the flush control is no more than 44" high. Standards § 4.18.4.

b. Pella Middle School Boy’s and Girl’s Restrooms/Lockers

i) The locker room door lacks appropriate signage. Install signage mounted at 60" on the wall next to the latch side of the door, with raised and Braille letters. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii) The force required to open the doors to the restroom/lockers is extreme. Adjust the door closers so that they require no more than 5 lbs. of force to open. Standards §§ 4.1.3(7), 4.13.11(2)(b).

iii) The toilet stalls are inaccessible. Install accessible toilet stalls. Standards §§ 4.1.3(11), 4.22.4, 4.17, 4.26.

iv) The hair dryer control is 65" from the finish floor. Provide a hair dryer with a control no more than 54" above the finish floor for a side reach or no higher than 48" for a forward reach. Standards §§ 4.1.3.(11). 4.22.7, 4.27.3, 4.2.5, 4.2.6.

v) The bottom of the lavatory apron is 27" above the finish floor. Provide a lavatory with the apron at least 29" above the finish floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.2 and Fig. 31.

vi) The hot water and drain pipes under the lavatory are not insulated. Install insulation on the pipes of at least one lavatory. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.

vii) The clear floor space at the urinal in the boy’s restroom is 28" wide. Provide a clear floor space in front of the urinal at least 30" wide. Standards §§ 4.1.3(11), 4.22.5, 4.18.3, 4.2.4.1.

c. Pella High School Restrooms

The lavatories lack knee clearance. Provide one lavatory with the apron at least 29" above the finish floor and with 27" minimum knee clearance. Standards §§ 4.1.3(11), 4.22.6, 4.19.2 and Fig. 31.

d. Jefferson Elementary School Restrooms

i) The accessible signage denoting the men’s and women’s restrooms lacks Braille. Provide signage with raised and Braille lettering. Standards § 4.30.4.

ii) The door to the rest room has knob hardware. Provide door hardware that does not require tight grasping, tight pinching, or twisting of the wrist. Standards § 4.13.9.

iii) The lavatory hot water and drain pipes are not insulated. Install insulation on the pipes of at least one lavatory. Standards § 4.19.4.

IMPLEMENTATION AND ENFORCEMENT

31. Except as otherwise specified in this Agreement, within eighteen months of the effective date of this Agreement, the City will submit a written report to the Department summarizing the actions the City has taken pursuant to this Agreement. The report will include photographs, architectural plans, notices published in city publications, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations, if necessary.

32. 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.

33. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it 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 directly to enforce title II or to enforce the terms of this Agreement.

34. 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.

35. In the event that the City fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement, may declare the Agreement null and void and file suit to enforce title II of the ADA, or may initiate steps to enforce Section 504 of the Rehabilitation Act.

36. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person by the City or the Department on request.

37. The effective date of this Agreement is the date of the last signature below.

38. 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, 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.

39. This Agreement will remain in effect for twenty four months from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the City has been achieved.

40. The person signing for the City of Pella represents that he is authorized to bind the City to this Agreement.

For the United States:

BILL LANN LEE
Acting Assistant Attorney General
for Civil Rights

By:

__________________________
JOHN L. WODATCH, Chief
L. IRENE BOWEN, Deputy Chief
SUSAN B. REILLY, Supervisory Attorney
THOMAS ESBROOK, Investigator
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738

Date: __________________________

For the City of Pella:

__________________________
THEODORE ZYLSTRA
Mayor

Date: __________________________

last revised February 7, 2001