SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

CITY OF BISMARCK, NORTH DAKOTA

DEPARTMENT OF JUSTICE NUMBER 204-56-24

BACKGROUND

A. SCOPE OF THE INVESTIGATION

The United States Department of Justice (“Department”) initiated this matter as a compliance review of the City of Bismarck, North Dakota (“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. Because the City receives financial assistance from the Department of Justice, the review was also conducted under the authority of § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department’s implementing regulation, 28 C.F.R Part 42, Subpart G.

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:

• 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:
  

• 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”);

• 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 following facilities: Victor E. Solheim Elementary School, Dorothy Moses Elementary School, Civic Center, Belle Mehus Auditorium, Galleria Parking, Parkade Ramp, Library, North Fire Station, Centennial Beach Building, Burleigh County Detention Center and Courthouse, City and County Office Building, Law Enforcement Center, Robert Miller Elementary School, North Dakota State Capitol Building, Riverwood Golf Course, Bismarck State College, Marillac Manor Retirement Center, Highland Acres Elementary School, Northridge Elementary School, and Department of Public Works. Of those facilities, portions of the Civic Center, Belle Mehus Auditorium, and the Library constitute new construction 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 § 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 provided by the Department of Justice 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.

The parties to this Agreement are the United States of America and the City of Bismarck, North Dakota. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows:

REMEDIAL ACTION

4. In consideration of, and consistent with, the terms of this Agreement as set forth below, the Attorney General agrees to refrain from filing a civil suit in this matter regarding ¶¶ 6 to 29, except as provided in ¶¶ 32, 34 below.

5. 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.

A. 9-1-1 SERVICES

6. The City agrees to continue to ensure that TDD calls are answered as quickly as other calls received, and are monitored for timing and accuracy, if other calls are monitored. The City will also continue to ensure that employees are trained and practiced in using a TDD to make and receive calls.

B. TELEPHONE COMMUNICATION

7. Within 90 days of the effective date of this Agreement, the City will develop and implement written procedures to ensure that appropriate employees are proficient in the use of a TDD and/or relay service through training and test calls, that any TDDs acquired are maintained in working order, and that calls received on any TDD are returned as promptly as those received on voice telephones.

8. Within 90 days of the effective date and for the life of this Agreement, the City will publicize its TDD numbers, on the same basis as its voice numbers, through such means as its title II public notice, official stationary, business cards, and the public telephone book. If the City chooses to rely on the North Dakota telephone relay system alone, that number will be publicized in the same manner, in lieu of any TDD numbers.

9. Within 180 days of the effective date of this Agreement, the City will report to the Department on the telecommunications system it has chosen and will submit its written procedures, the names of employees who have been trained, and a copy of any public notice that it has provided.

C. ACCESSIBILITY INFORMATION

10. Many of the City’s facilities have signage at inaccessible entrances directing users to an accessible entrance. Within 180 days of the effective date of this Agreement, the City will survey all facilities and install signage at any remaining inaccessible entrances, if necessary.

11. Within one year of the effective date of this Agreement, the City will develop a method for providing information for interested persons with disabilities concerning the existence and location of the City’s accessible services, activities, and services and submit its proposal to the Department in writing. The proposal, as approved by the Department, will be implemented no later than 18 months from the effective date of the Agreement.

D. 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. All citations are to the Standards.

12. The City shall complete the following modifications to the Civic Center within one year of the effective date of this Agreement:

a. Accessible Parking

(1) Parking Lot A has signage designating accessible parking spaces and a van accessible space that are 48 inches from the ground. Provide signs that are mounted so they cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.4, 4.30.7.

(2) Parking Lot B does not have a designated van accessible space and the signage designating the accessible parking spaces is mounted 48 inches from the ground. Provide a van accessible parking space that is 96 inches wide with a 96 inch wide access aisle, and install a sign designating the space as “van accessible” mounted so that it cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.4, Fig. 9, 4.30.7.

(3) Parking Lot C has 50 spaces and no accessible parking spaces. Provide two designated accessible parking spaces located on the shortest accessible route to the accessible entrance of the building. Include at least one van accessible space that is 96 inches wide with a 96 inch wide access aisle, with a “van accessible” sign mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.3, 4.6.4, Fig. 9, 4.30.7.

(4) Parking Lot D does not have a designated van accessible space. Provide a van accessible parking space that is 96 inches wide with a 96 inch wide access aisle, and install a sign designating the space as “van accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.4, Fig. 9, 4.30.7.

(5) Parking Lot E has 111 parking spaces and only 3 accessible spaces, none of which are designated “van accessible.” Provide two additional accessible spaces with the appropriate signage and a “van accessible” parking space that is 96 inches wide with a 96 inch wide access aisle, and install a sign designating the space as “van accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.3, 4.6.4, Fig. 9, 4.30.7.

b. Accessible Seating

There are 22 accessible wheelchair seating locations and companion seats available in the arena. Provide at least 58 wheelchair seating locations. These seats should comply with dimensions provided in Fig. 46, be an integral part of the fixed seating plan, and adjoin an accessible route. In addition, provide a corresponding companion seat next to each wheelchair seating location. §§ 4.1.3(19)(a), 4.33.1, 4.33.2, 4.33.3, 4.33.4, & Fig. 46.

c. Alternate Listening Devices

Assembly areas in the Civic Center and the Belle Mehus Auditorium shall have a permanently installed assistive listening system complying with the Standards. Provide 6 receivers for the Belle Mehus Auditorium and 10 receivers for the Civic Center and also provide signage notifying patrons of the availability of these devices. §§ 4.1.3(19)(b), 4.30.7(4), 4.33.7.

d. Automated Teller Machines

First Floor Arena Lobby ATM Machines are not accessible. Both machines are 54 inches to the highest operable part for a front approach and one machine does not provide Braille. Provide at least one accessible ATM machine with the highest operable part located no higher than 48 inches above the finish floor and that has Braille. §§ 4.1.3 (20), 4.34.3(1), 4.25, 4.34.5.

e. Entrances

Civic Center entrances do not have signage displayed at inaccessible entry doors. Provide signage directing individuals to the accessible entrance into the facility. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

f. Drinking Fountains

The North East and North West 4th Floor drinking fountains all have spouts that are 37 inches above the finish floor. Provide fifty percent of the drinking fountains with spouts no higher than 36 inches, measured from the finish floor to the spout outlet. §§ 4.1.3(10)(b), 4.15.2, 4.15.5 & Fig 27.

g. Public Telephones

The “Free Phone” in the Arena Main Level Lobby has a 28 inch cord. Provide a “Free Phone” that has a minimum 29 inch cord length, with the highest operable part no higher than 54 inches above the finish floor. §§ 4.1.3(17), 4.30.7, 4.31.3, 4.31.8.

h. Women’s 1st Floor Arena Lobby Toilet Room

(1) The designated accessible stall door has twist-type hardware. Provide a handle on the door with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(11), 4.22.2, 4.17.5, 4.13.9.

(2) The coat hook in the designated accessible toilet stall is 63 1/2 inches above the finish floor. Provide a hook that is no higher than 54 inches above the finish floor for a side approach or 48 inches above the finish floor for a front approach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

(3) The highest operable part of the two paper towel dispensers on the side wall are 49 inches above the finish floor. Provide at least one so that the highest operable part is no higher than 54 inches above the finish floor for a side approach or 48 inches above the finish floor for a front approach. §§ 4.1.3(13), 4.2.5, 4.2.6, 4.22.7, 4.27.3.

(4) The visual alarm is not visible from the designated accessible stall and ambulatory stall due to obstructions. Provide a visual alarm that can be seen from the accessible and ambulatory stalls. §§ 4.1.3(14), 4.28.3(7).

i. Men’s 1st Floor Arena Lobby Toilet Room

(1) The designated accessible urinal has a flush control that is 46 inches high. Provide a urinal flush control that is mounted no higher than 44 inches above the finish floor. §§ 4.1.3(11), 4.22.5, 4.18.4.

(2) The coat hook in the designated accessible stall is 63 inches above the finish floor. Provide a coat hook that is no higher than 54 inches above the finish floor for a side approach or 48 inches above the finish floor for a front approach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

j. Men’s 1st Floor South East Toilet Room

(1) The designated accessible stall door has twist-type hardware. Provide a handle on the door with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(11), 4.22.2, 4.17.5, 4.13.9.

(2) The centerline of the toilet in the designated accessible stall is 19 inches from the side wall. Provide a toilet so that the centerline is exactly 18 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(a).

(3) The coat hook in the designated accessible stall is 63 inches from the floor. Provide a hook that is no higher than 54 inches above the finish floor for a side approach or 48 inches above the finish floor for a front approach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

(4) The designated accessible urinal has a flush control that is 46 1/2 inches from the finish floor. Provide a urinal flush control that is mounted no higher than 44 inches above the finish floor. §§ 4.1.3(11), 4.22.5, 4.18.4.

k. Women’s 1st Floor South East Toilet Room

(1) The toilet room identification sign is not accessible. Provide signage, using raised and Brailled characters, 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 and a person may approach to within 3 inches of the signage without encountering protruding objects or standing within the swing of the door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The designated accessible stall door has twist-type hardware. Replace the handle on the door with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(11), 4.22.2, 4.17.5, 4.13.9.

(3) The centerline of the toilet in the designated accessible stall is 19 inches from the side wall. Provide a toilet so that its centerline is exactly 18 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a).

l. Men’s 2nd Floor North East Corner Toilet Room

(1) The force required to open the entry door is 10 pounds. Adjust the entry door so that the force required to open it is not more than 5 pounds. §§ 4.1.3(7)(b), 4.22.2, 4.13.11(2)(b).

(2) The mirror is mounted so that the bottom edge of the reflecting surface is 44 inches above the finish floor. Provide a mirror with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. §§ 4.1.3(11), 4.22.6, 4.19.6.
(3) The flush control on the designated accessible urinal is 49 inches above the finish floor. Provide a urinal flush control that is mounted no higher than 44 inches above the finish floor. §§ 4.1.3(11), 4.22.5, 4.18.4.

(4) The flush valve handle is located on the “narrow” side of the designated accessible toilet stall. Reposition the flush valve handle to the “wide” side of the toilet stall or install an automatic flushing device. §§ 4.1.3(11), 4.22.4, 4.16.5, 4.17.2.

m. Women’s 2nd Floor North East Corner Toilet Room

(1) The force required to open the entry door is 9 pounds. Adjust the entry door so that the force required to open it is not more than 5 pounds. §§ 4.1.3(7)(b), 4.22.2, 4.13.11(2)(b).

(2) The centerline of the toilet in the designated accessible stall is 19 1/2 inches from the side wall. Provide a toilet so that its centerline is exactly 18 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(a).

(3) The flush valve handle is located on the “narrow” side of the designated accessible toilet stall. Reposition the flush valve handle to the “wide” side of the toilet stall or install an automatic flushing device. §§ 4.1.3(11), 4.22.4, 4.16.5, 4.17.2.

n. Men’s 2nd Floor Food Court Toilet Room

(1) The flush control at the designated accessible urinal is mounted 46 inches above the finish floor. Provide a urinal flush control that is mounted no higher than 44 inches above the finish floor. §§ 4.1.3(11), 4.22.5, 4.18.4.

(2) The designated accessible stall door has twist-type hardware. Replace the handle on the door with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(11), 4.22.2, 4.17.5, 4.13.9.

o. Women’s Toilet Room 2nd Floor North West Corner

(1) The force required to open the entry door is 8 pounds. Adjust the entry door so that the force required to open it is not more than 5 pounds. §§ 4.1.3(7)(b), 4.22.2, 4.13.11(2)(b).

(2) The mirror is mounted so that the bottom edge of the reflecting surface is 44 inches above the finish floor. Provide a mirror with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. §§ 4.1.3(11), 4.22.6, 4.19.6.

(3) The coat hook in the designated accessible stall is 63 inches above the finish floor. Provide a coat hook that is no higher than 54 inches above the finish floor for a side approach or 48 inches above the finish floor for a front approach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

p. Men’s Toilet Room 2nd Floor North West Corner

(1) The force required to open the entry door is 8 pounds. Adjust the entry door so that the force required to open it is not more than 5 pounds. §§ 4.1.3(7)(b), 4.22.2, 4.13.11(2)(b).

(2) The designated accessible stall door has twist-type hardware. Replace the handle on the door with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(11), 4.22.2, 4.17.5, 4.13.9.

(3) The flush control at the designated accessible urinal is mounted 49 inches above the finish floor. Provide a urinal flush control that is mounted no higher than 44 inches above the finish floor. §§ 4.1.3(11), 4.22.5, 4.18.4.

(4) The mirror is mounted so that the bottom edge of the reflecting surface is 44 inches above the finish floor. Provide a mirror with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. §§ 4.1.3(11), 4.22.6, 4.19.6.

q. Women’s Toilet Room North East 4th Floor

(1) The force required to open the entry door is 10 pounds. Adjust the entry door so that the force required to open it is not more than 5 pounds. §§ 4.1.3(7)(b), 4.22.2, 4.13.11(2)(b).

(2) The designated accessible and ambulatory stalls have a toilet centerline 17 inches from the wall. Modify both toilets so that the centerline is exactly 18 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(a).

(3) There is a 12 inch clearance on the latch side of the room door for a forward pull approach from the room interior. At least 18 inches shall be provided on the latch side of the door for a forward pull approach from the room interior or an automatic or power assisted door shall be installed. §§ 4.1.3(7)(b), 4.13.6, Fig 25.

r. Men’s Toilet Room North East 4th Floor

(1) The force required to open the entry door is 9 pounds. Adjust the entry door so that the force required to open it is not more than 5 pounds. §§ 4.1.3 (7)(b), 4.22.2, 4.13.11(2)(b).

(2) The required clear floor space at the toilet is encroached upon by the toilet paper dispenser. Remount the toilet paper dispenser so that the required clear floor apace is provided. §§ 4.1.3(11), 4.22.3, 4.2.3, & Fig. 30(d).

13. The City shall complete the following modifications to the Belle Mehus Auditorium within 90 days of the effective date of this Agreement:

a. The Main Entrance Ramp

The ramp at the main entrance does not provide the required edge protection. Provide edge protection in compliance with the Standards. §§ 4.1.3(1), 4.8.7.

b. Men’s 2nd Floor Toilet Room

There is 9 inch clearance on the latch side of the entry door for a forward pull approach from the room interior. At least 18 inches shall be provided on the latch side of the door for a forward pull approach from the room interior or an automatic or power assisted door will be installed. §§ 4.1.3(7)(c), 4.13.6, Fig. 25.

c. Women’s 2nd Floor Toilet Room

(1) The designated accessible stall door has twist-type hardware. Replace the handle on the door with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(7)(c), 4.13.9

(2) There is 4 1/2 inch clearance on the latch side of the entry door for a forward pull approach. At least 18 inches shall be provided on the latch side of the door for a forward pull approach from the room interior or an automatic or power assisted door will be installed. §§ 4.1.3(7)(c), 4.13.6, Fig. 25.

d. Dressing Room A

(1) There are no grab bars in the toilet stall. Provide side and rear grab bars that are in compliance with the Standards. §§ 4.1.3(11), 4.23.4, 4.17.6, Fig. 29(b), 4.26.2.

(2) The dressing counter is 25 inches above the finish floor to the bottom of the apron. Provide a dressing counter that provides a knee clearance of at least 27 inches above the finish floor. §§ 4.1.3(21), 4.32.3.

e. Dressing Rooms B and C

(1) The coat rack is 66 1/2 inches above the finish floor. Provide a coat hook that is not higher than 54 inches the finish floor for a side approach or 48 inches above the finish floor for a front approach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

(2) The designated accessible stall door swings into the stall. Reverse the door so that it has an outward swinging door. §§ 4.1.3(11), 4.23.2, 4.13.5, Fig. 30(a).

f. Backstage 1st Floor Toilet Room

The are no grab bars in the stall. Provide side and rear grab bars that are in compliance with the Standards. §§ 4.1.3(11), 4.22.4, 4.17.6, Fig. 29(b), 4.26.

g. Elevator

The elevator does not have an audible floor signaling device. Provide an audible signaling device indicating which car is answering a call. The audible signal shall sound once for the up direction and twice for the down direction or shall have verbal annunciators that say "up" or "down." The audible signal shall comply with the Standards. §§ 4.1.3(5), 4.10.13.

14. The City shall complete the following modifications to the Library within one year of the effective date of this Agreement:

a. Women’s Toilet - Basement (1998)

(1) There is a 12 1/2 inch space between the side grab bar and the adjacent wall in the designated accessible stall. Reposition the grab bar so that it is no more than 12 inches from that wall. §§ 4.1.3(11), 4.17.6, Fig. 30, 4.22.4.

(2) The toilet paper dispenser in the designated accessible stall is mounted 381/2 inches from the back wall. Remount the dispenser so it is no more than 36 inches from the back wall. §§ 4.1.3(11), 4.22.7, 4.17.3 & Fig. 30(d).

b. Unisex Back Stage Toilet Room (1998)

(1) The rear grab bar is 30 1/2 inches long and 41 3/4 inches above the finish floor. Provide a rear grab bar that is 36 inches long and is mounted no more than 6 inches from the side wall at a height of 33-36 inches above the finish floor. §§ 4.1.3(11), 4.22.4, 4.16.4 & Fig. 29.

15. The City shall complete the following modifications to the Public Works Building within six months of the effective date of this Agreement:

a. Accessible Parking

Dwg C1.4: Required van accessible aisle and signage not provided. Provide at least one van accessible space that is 96 inches wide with a 96 inch wide access aisle and install a sign designating the space as “van accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.2, 4.6.3, 4.6.4, 4.30.7, Fig. 9.

b. Doorway Clearances

Dwg A2.4: Door 157A: The approximately 6 inch clearance indicated on the forward approach push side is insufficient. At least 12 inches shall be provided on the latch side of the door for a forward push approach from the room interior, or an automatic or power assisted door shall be installed. §§ 4.1.3(7)(c), 4.13.6, Fig. 25.

c. Locker Rooms

(1) Dwg A4.1: Men’s Locker Room 101 - Access to lockers is obstructed by bench seat. Provide required access and clearance at lockers. §§ 4.1.3 (1), 4.3.3.

(2) Dwg A4.1: Women’s Locker Room 104A & 104B - The indicated 57 inch height of the sanitary napkin dispenser is inaccessible. This device shall be mounted so that its highest operable part is no higher than is no higher than 54 inches above the floor for a side approach or 48 inches above the finish floor for a front approach. §§ 4.1.3(11), 4.22.3, 4.22.7, 4.17.3 & Fig. 30(d).

d. Showers

Provide a shower stall that is exactly 36 inches by 36 inches, and having the following: a seat mounted 17 in to 19 in from the bathroom floor, located opposite the controls, and extending the full depth of the stall; a back bar that is 18 inches long; a bar on the control wall that extends the full length of the wall; a shower spray unit with a hose at least 60 inches long or a fixed shower head at 48 inches above the finish floor and having controls which do not require tight grasping, pinching or twisting of the wrist to operate. §§ 4.1.3(11), 4.21.1-6 & Figs. 35(a), 37(a), 4.23.8, 4.27.4

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 their entirety, are readily accessible to and usable by persons with mobility impairments, the City will take the following actions. All citations are to the Standards.

16. The City shall complete the following modifications to the Riverwood Golf Course (polling place) within 6 months of the effective date of this Agreement:

Accessible Parking

There are no accessible parking spaces provided. Establish six designated accessible parking spaces with appropriate access aisles and signage located on the shortest accessible route to the accessible entrance of the building. Include at least one van accessible space that is 96 inches wide with a 96 inch wide access aisle and install a sign designating the space as “van accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.2, 4.6.3, 4.6.4, 4.30.7 Fig. 9.

17. The City shall complete the following modifications to the Civic Center within one year of the effective date of this Agreement:

a. Drinking Fountains

(1) Arena Main Level

The spout outlet height of the drinking fountain is 40 inches above the finish floor. Provide a fountain with a spout height no higher than 36 inches above the finish floor, or install cups next to the existing fountain so that they dispense within the reach ranges of persons who use wheelchairs. §§ 4.15.2 & Fig. 27(a), 4.27.3, 4.2.5, 4.2.6.

(2) Arena 2nd level Southeast Fountain

The spout outlet height of the drinking fountain is 42 inches above the finish floor. Provide a fountain with a spout height no higher than 36 inches above the finish floor, or install cups next to the existing fountain so that they dispense within the reach ranges of persons who use wheelchairs. §§ 4.15.2 & Fig. 27(a), 4.27.3, 4.2.5, 4.2.6.

b. Public Telephones

The Main Level Arena West Concourse pay phone has a receiver that is 60 inches above the finish floor, a counter that is 44 inches above the finish floor, is not hearing aid compatible, has no volume control and no signage. Provide a public telephone that is hearing aid compatible, has volume control, signage, and with the highest operable part no higher than 54 inches above the finish floor. §§ 4.1.3(17), 4.30.7, 4.31.3, 4.31.5, 4.31.8.

c. Main Level Arena Dressing Room A & B, and C & D (Referee Rooms)

The City has agreed to combine Dressing Room A with B, and Dressing Room C with D. In making these modifications, the City shall incorporate the following:

(1) Provide signage, using raised and Brailled characters, 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 and a person may approach to within 3 inches of the signage without encountering protruding objects or standing within the swing of the door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) Provide an entry door with a minimum clear opening width of 32 inches with the door open 90 degrees. §§ 4.1.3(21) 4.13.5, 4.35.3.

(3) Provide an entry door so that the force required to open it is not more than 5 pounds. §§ 4.1.3(21), 4.13.11(2)(b), 4.35.3.

(4) Provide a handle on the door with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(21), 4.35.3, 4.13.9.

(5) Provide a mirror with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. §§ 4.1.3(11), 4.22.6, 4.19.6.

(6) Provide an alternate accessible toilet stall such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers comply with the Standards. §§ 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(b), 4.22.4, 4.22.7, 4.26, 4.27.

(7) Provide insulated hot water and drain pipes beneath the lavatory to protect against contact. §§ 4.1.3(11), 4.22.6, 4.19.4.

(8) Provide at least one shower head so that it has a shower spray unit with a hose at least 60 inches long that can be used as both a fixed shower head and as a hand-held shower. In addition provide at least one shower head so that it is no higher than 54 inches above the finish floor for a side approach or 48 inches above the finish floor for a front approach. §§ 4.1.3(11), 4.21.5, 4.21.6, 4.23.8, Figs. 37, 4.2.5, 4.2.6.

(9) If lockers are provided, provide lock hardware on at least one locker of each type that is within accessible reach range and that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(12)(a), 4.25.3, 4.25.4, 4.27.4.

(10) If shelves are provided, provide at least one shelf that is within the reach ranges specified in the Standards. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

(11) Provide signs directing users to the accessible “standard” stall in the Blue and Green rooms. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

d. Main Level Arena Locker Room # 1

In making modifications to Locker Room # 1, the City has agreed to incorporate the following:

(1) Provide signage, using raised and Brailled characters, 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 and a person may approach to within 3 inches of the signage without encountering protruding objects or standing within the swing of the door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) Provide insulated hot water and drain pipes beneath the lavatory to protect against contact. §§ 4.1.3(11), 4.23.6, 4.19.4.

(3) Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) in each room such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.1.3(11), 4.13, 4.16, 4.17 & fig. 30(a), 4.22.4, 4.22.7, 4.26, 4.27.

(4) Provide an entry doorway with a minimum clear opening width of 32 inches with the door open 90 degrees. §§ 4.1.3(11), 4.23.2, 4.13.5, Fig. 24(a).

(5) The group shower has four fixed shower heads that are 76 inches above the floor. Modify at least one shower head so that it has a shower spray unit with a hose at least 60 inches long that can be used as both a fixed shower head and as a hand-held shower. §§ 4.1.3(11), 4.23.8, 4.21.6.

(6) Provide lock hardware on at least one locker of each type that is within accessible reach range and that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(12)(a), 4.25.3, 4.25.4, 4.27.4.

(7) If shelves are provided, provide at least one shelf that is within the reach ranges specified in the Standards. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

e. Additional Dressing and Locker Rooms

All additional dressing rooms and locker rooms on the main level are inaccessible and do not have directional signage that indicates the location of the nearest accessible dressing/locker rooms. Provide signage directing individuals to the accessible dressing/locker rooms. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

f. Main Level Arena South East First Aid Room

(1) The entry door has twist-type hardware. Replace the handle on the door with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(7)(c), 4.13.9

(2) The highest operable part of the paper towel dispenser is 72 inches above the finish floor. Reposition the dispenser so that the highest operable part is no higher than 54 inches above the finish floor for a side approach or 48 inches above the finish floor for a front approach. §§ 4.1.3(13), 4.22.7, 4.27.3, 4.2.5, 4.2.6.

(3) The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate the hot water and drain pipes to protect against contact. §§ 4.1.3(11), 4.19.4.

g. Main Level Arena South East Green Room

(1) The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate the hot water and drain pipes to protect against contact. §§ 4.1.3(11), 4.23.3, 4.23.6, 4.19.4.

(2) The rear grab bar at the toilet is 24 inches long and begins 22 1/2 inches from the side wall. Provide a rear grab bar that is 36 inches long and 33 to 36 inches above the finish floor, with one end mounted at least 12 inches from the centerline of the toilet. §§ 4.1.3(11), 4.23.4, 4.17.6, Fig. 29(b), 4.26.2.

(3) The coat hook in the bathroom is 73 inches above the finish floor. Provide a hook that is no higher than 54 inches above the finish floor for a side approach or 48 inches above the finish floor for a front approach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

(4) The shower has a fixed head that is 78 inches above the finish floor. Provide a shower spray unit with a hose at least 60 inches long that can be used as both a fixed shower head and as a hand-held shower, or a fixed shower head at 48 inches above the finish floor, so that it is no higher than 54 inches above the finish floor for a side approach or 48 inches above the finish floor for a front approach. §§ 4.1.3(11), 4.21.5, 4.21.6, 4.23.8, Fig. 37.

h. Arena East Concourse 2nd Toilet Rooms

(1) The toilet rooms are not accessible because the entry doorway width is less than 32 inches, and the entryway does not have directional signage that indicates the location of the nearest accessible toilet rooms. Provide signage directing individuals to the nearest accessible toilet rooms. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

(2) Remove signage from the doors that designates these toilet rooms as accessible.

i. Men’s and Women’s 2nd Floor West Concourse Toilet Rooms

(1) The toilet rooms are not accessible because the entry doorway width is less than 32 inches, and the entryway does not have directional signage that indicates the location of the nearest accessible toilet rooms. Provide signage directing individuals to the nearest accessible toilet rooms. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

(2) Remove signage from the doors that designates these toilet rooms as accessible.

j. East Concourse Hall 2nd Floor

Remove all directional signage indicating the location of a text telephone (TDD) that is not available.

k. East Concourse 2nd Floor Concessions

The concession counters are 42 and 43 inches high. Provide a counter that is a least 36 inches wide and no more than 36 inches high, § 7.2(1); or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location for individuals who use wheelchairs).

l. Women’s Exhibit Hall Lower Lobby Toilet Room

(1) The force required to open the entry door is 9 pounds. Adjust the entry door so that the force required to open it is not more than 5 pounds. §§ 4.1.3(7)(b), 4.22.2, 4.13.11(2)(b).

(2) The mirror is mounted so that the bottom edge of the reflecting surface is 41 1/2 inches above the finish floor. Provide a mirror with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. §§ 4.1.3(11), 4.22.2, 4.17.5, 4.13.9.

(3) The designated accessible stall door has twist-type hardware. Replace the handle on the door with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(11), 4.22.2, 4.17.5, 4.13.9.

m. Men’s Exhibit Hall Lower Lobby Toilet Room

(1) The force required to open the entry door is 10 pounds. Adjust the entry door so that the force required to open it is not more than 5 pounds. §§ 4.1.3(7)(b), 4.22.2, 4.13.11(2)(b).

(2) The designated accessible stall door has twist-type hardware. Replace the handle on the door with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(11), 4.22.4, 4.17.5, 4.13.9.

(3) The lavatory has a 7 inch knee depth clearance. Provide a lavatory that has a knee clearance that is at least 29 inches above the finish floor at a depth of 8 inches and complies with all other provisions of the Standards. §§ 4.1.3(11), 4.22.6, 4.19.2 & Fig. 31.

(4) The designated accessible urinal has a 27 inch wide urinal shield. Provide a clear floor space of 30 inches by 48 inches in front of the urinal to allow a forward approach. §§ 4.1.3(11), 4.22.5, 4.18.3.

(5) The flush control at the designated accessible urinal is 48 inches above the finish floor. Provide a flush control that is mounted no higher than 44 inches above the finish floor. §§ 4.1.3(11), 4.22.5, 4.18.4.

n. East Wall Women’s Exhibit Hall Toilet Room

(1) The toilet room identification sign is not accessible. Provide signage, using raised and Brailled characters, 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 and a person may approach to within 3 inches of the signage without encountering protruding objects or standing within the swing of the door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The force required to open the entry door is 8 pounds. Adjust the entry door so that the force required to open it is not more than 5 pounds. §§ 4.1.3(7)(b), 4.22.2, 4.13.11(2)(b).

(3) The mirror is mounted so that the bottom edge of the reflecting surface is 41 1/2 inches above the finish floor. Provide a mirror with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. §§ 4.1.3(11), 4.22.6, 4.19.6.

(4) The designated accessible stall door has twist-type hardware. Replace the handle on the door with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(11), 4.22.2, 4.17.5, 4.13.9.

(5) The highest operable part of the sanitary napkin dispenser is 50 1/2 inches above the finish floor and obstructed by a built in trash can. Reposition the dispenser so that its highest operable part is no higher than 54 inches above the finish floor for a side approach or 48 inches above the finish floor for a front approach, and provide clear floor space below it. §§ 4.1.3(13), 4.2.5, 4.2.6. 4.22.3, 4.25.3.

(6) There are ten toilet stalls in the toilet room and there is no ambulatory stall with parallel grab bars in addition to a “standard” accessible stall. Provide an ambulatory stall that is 36 inches with an outward swinging, self-closing door and parallel grab bars. §§ 4.1.3(11), 4.22.4 & Fig. 30(b).

o. East Wall Men’s Exhibit Hall Toilet Room

(1) The force required to open the entry door is 10 pounds. Adjust the entry door so that the force required to open it is not more than 5 pounds. §§ 4.1.3(7)(b), 4.22.2, 4.13.11(2)(b).

(2) The lavatory has a 7 inch knee depth clearance. Provide a lavatory knee clearance that is at least 29 inches above the finish floor at a depth of 8 inches. §§ 4.1.3(11), 4.22.6, 4.19.2 & Fig. 31.

(3) The flush control on the designated accessible urinal is 47 inches above the finish floor. Provide a urinal flush control that is mounted no higher than 44 inches above the finish floor. §§ 4.1.3(11), 4.22.5, 4.18.4.

(4) The centerline of the designated accessible toilet is 19 inches from the side wall. Reposition the toilet so that the centerline is exactly 18 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17. 3 , Fig. 30(a).

p. Exhibit Hall Concessions East Wall

All concessions counters are 40 inches high. Provide a portion of each concession counter that is at least 36 inches long and no more than 36 inches high. § 7.2.1.

q. Women’s Upper Level Exhibit Hall Toilet Room

(1) The toilet room identification sign is not accessible. Provide signage, using raised and Brailled characters, 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 and a person may approach to within 3 inches of the signage without encountering protruding objects or standing within the swing of the door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The designated accessible stall door has twist-type hardware. Replace the handle on the door with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(11), 4.22.2, 4.17.5, 4.13.9.

(3) The centerline of the toilet in the designated accessible stall is 20 inches from the side wall. Provide a toilet with its centerline exactly 18 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a).

(4) The highest operable part of the sanitary napkin dispenser is 60 inches above the finish floor. Reposition the dispenser so that its highest operable part is no higher than 54 inches above the finish floor for a side approach or 48 inches above the finish floor for a front approach. §§ 4.1.3(13), 4.22.7, 4.27.3, 4.2.5, 4.2.6.

r. Men’s Upper Level Exhibit Hall Toilet Room

(1) The toilet room identification sign is not accessible. Provide signage, using raised and Brailled characters, 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 and a person may approach to within 3 inches of the signage without encountering protruding objects or standing within the swing of the door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The flush control for the designated accessible urinal is 48 inches above the finish floor. Provide a flush control that is mounted no higher than 44 inches above the finish floor. §§ 4.1.3(11), 4.22.5, 4.18.4.

(3) The mirror is mounted so that the bottom edge of the reflecting surface is 41 1/2 inches above the finish floor. Provide a mirror with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. §§ 4.1.3(11), 4.22.6, 4.19.6.

(4) The designated accessible stall is 55 inches deep and 60 inches wide. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) configured so that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(a), 4.22, 4.26, 4.27.

(5) The centerline of the toilet in the designated accessible stall is 20 inches from the side wall. Remount the toilet so that its centerline is exactly 18 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a).

(6) There is a 7 inch knee depth clearance at the lavatory. Provide a lavatory knee clearance that is at least 27 inches above the finish floor at a depth of 8 inches. §§ 4.1.3(11), 4.22.6, 4.19.2 & Fig. 31.

s. Exhibit Hall Concessions

All concessions counters are 40 inches high. Provide a portion of each concession counter that is at least 36 inches long and no more than 36 inches high. § 7.2.1.

t. Arena Upper North Lobby

Remove all signage that directs patrons to a TDD phone that is not actually available in the facility.

18. The City shall complete the following modifications to the Belle Mehus Auditorium within one year of the effective date of this Agreement:

a. Men’s and Women’s 1st Floor Toilet Rooms

The Men’s and Women’s 1st floor inaccessible toilet rooms do not have signage that indicates the location of the nearest designated accessible toilet room. Provide signage directing individuals to the 2nd floor toilet rooms. §§ 4.1.3(16)(b), 4.30.1, 4.30. 2, 4.30.3, 4.30.5.

19. The City shall complete the following modifications to the Galleria Parking within 1 year of the effective date of this Agreement:

There are 5 designated accessible parking spaces and none designated as “van accessible.” Provide at least 2 more designated accessible parking spaces located on the shortest accessible route to the accessible entrance of the building. Include at least one van accessible space that is 96 inches wide with a 96 inch wide access aisle and install a sign designating the space as “van accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.2, 4.6.3, 4.6.4, 4.30.7, Fig. 9.

20. The City shall complete the following modifications to the Parkade Ramp Retail and Office Building within one year of the effective date of this Agreement upon the Department’s advance review of the plans:

a. Parking

The required access aisles are not provided at all of the accessible parking and there is insufficient vertical clearance at the designated van accessible space. Provide access aisles and appropriate vertical clearance in compliance with the Standards. §§ 4.1.2(5), 4.6.2, 4.6.3, 4.6.4, 4.6.5, 4.30.7, Fig. 9.

b. Men’s 1st Floor Toilet Room

Provide an alternate stall such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(b), 4.22, 4.26, 4.27.

c. Women’s 1st Floor Toilet Room

Provide an alternate stall such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(b), 4.22, 4.26, 4.27.

d. Men’s and Women’s 2nd Floor Toilet Rooms

Men’s and Women’s 2nd floor inaccessible toilet rooms do not have signage that indicate the location of the nearest designated accessible toilet room.
Provide signage directing individuals to the 1st floor toilet rooms. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

21. The City shall complete the following modifications to the Library within 6 months of the effective date of this Agreement:

u. Accessible Parking

The required accessible van parking space and accompanying signage are not provided. Provide at least one accessible van parking space that is 96 inches wide with a 96 inch wide access aisle and install a sign designating the space as “van accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.2, 4.6.3, 4.6.4, 4.30.7, Fig. 9.

b. The Men’s and Women’s 1st Floor Toilet Rooms

The rooms are not accessible and do not have directional signage that indicates the location of the nearest accessible toilet rooms. Provide signage directing individuals to the nearest accessible toilet rooms. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

c. Women’s Basement Toilet Room

(1) The rear grab bar in the designated accessible stall is 30 1/4 inches long. Provide a rear grab bar that is 36 inches long and mounted so that it begins not more than 6 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.6, Fig. 29(b), 4.26.2.

(2) The toilet paper dispenser in the designated accessible stall is mounted 40 inches from the back wall. Provide a dispenser with its farthest edge no more than 36 inches from the back wall and its centerline no less than 19 inches above the finish floor. §§ 4.1.3(11), 4.22.3, 4.22.7, 4.17.3 & Fig. 30(d).

d. Men’s Basement Toilet Room

(1) The rear grab bar in the designated accessible stall is 30 1/4 inches long. Provide a rear grab bar that is 36 inches long and mounted so that it begins not more than 6 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30.

(2) The coat hook in the designated accessible stall is 65 3/4 inches above the finish floor. Provide a coat hook that is no higher than 54 inches above the finish floor for a side approach or 48 inches above the finish floor for a front approach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

(3) The toilet paper dispenser in the designated accessible stall is mounted 40 inches from the back wall. Provide a dispenser with its farthest edge no more than 36 inches from the back wall and its centerline no less than 19 inches above the finish floor. §§ 4.1.3(11), 4.22.3, 4.22.7, 4.17.3 & Fig. 30(d).

(4) The designated accessible stall door has twist-type hardware. Replace the handle on the door with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(7)(c), 4.13.9.

22. The City plans to make appropriate modifications the North Fire Station. Within 30 days after such plans are finalized, the City will submit to the Department complete design and construction documentation for the North Fire Station renovation, including, where appropriate, construction drawings, as-built drawings, project manuals, addenda, and change orders. The Department will review the documentation for conformity to the ADA Standards for Accessible Design, and the City will construct or modify the new construction as necessary to comply with the standards. In addition, the following modifications shall be incorporated:

a. Accessible Parking

(1) The required accessible signage is not provided at the designated accessible parking space. Provide a sign incorporating the international symbol of accessibility, and located so it cannot be obscured by a vehicle parked in the space. §§ 4.1.2(7)(a), 4.6.4, 4.30.7(1).

(2) The parking lot ramp has a 11/2 inch level change where the ramp meets the parking lot. Alter this area so that the change is no greater than 1/2 inch and beveled with a slope no greater than 1:2. §§ 4.1.2(1), 4.5.2, Fig. 7(c), Fig. 7(d), 4.8.2, 4.3.8.

b. Building Inspectors Service Counter

The service counter is 44 1/2 inches above the floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches, or provide equivalent facilitation (e.g., by offering these services at an accessible location for individuals who use wheelchairs). § 7.2.2.

c. Men’s Toilet Room

(1) The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate the hot water and drain pipes to protect against contact. §§ 4.1.3(11), 4.22.6, 4.19.4.

(2) The entry door has twist-type hardware. Replace the handle on the door with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(7)(c), 4.13.9

(3) The designated accessible toilet stall is 38 inches wide by 59 inches deep. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) configured so that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers comply with the Standards. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a).

(4) The side grab bar in the designated accessible stall extends 50 1/2 inches from the rear wall. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, and the end farthest from the back wall is located at least 52 inches from the back wall. §§ 4.1.3(11), 4.22.4, 4.17.6, Fig. 30(d), 4.26.2.

(5) The highest operable part of the paper towel is 671/2 inches above the finish floor. Reposition the dispenser so that the highest operable part is no higher than 54 inches above the finish floor for a side approach or 48 inches above the finish floor for a front approach. §§ 4.1.3(11), 4.22.3, 4.22.7, 4.27.3, 4.2.5, 4.2.6.

(6) The lavatories have twist-type faucets. Replace at least one lavatory with hardware that can be operated with one hand and does not require tight grasping, pinching, or twisting of the wrist. §§ 4.1.3(13), 4.22.6, 4.19.5, 4.27.4.

d. Women’s Toilet Room

(1) The centerline of the toilet in the designated accessible stall is 16 inches from the side wall. Provide a toilet so that has its centerline exactly 18 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a).

(2) The side grab bar extends 51 1/2 inches from the back wall. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, and the end farthest from the back wall is located at least 52 inches from the back wall. §§ 4.1.3(11), 4.22.4, 4.17.6, Fig. 30(d), 4.26.2.

(3) There is 12 inches between the lavatory and the toilet centerline. Reposition the lavatory counter so that it is at least 18 inches from the toilet centerline. §§ 4.1.3(11), 4.23.6, 4.17.3, Fig. 30d, 4.22.6, 4.19.3, Fig. 32.

(4) The lavatory provides a knee clearance of 24 3/4 inches above the finish floor to the bottom of the apron. Reposition the lavatory so that there is a knee clearance of at least 29 inches above the finish floor to the bottom of the apron. §§ 4.1.3(11), 4.22.6, 4.19.2, Fig. 31.

(5) The highest operable part of the paper towel dispenser is 671/2 inches above the finish floor. Reposition the dispenser so that the highest operable part is no higher than 54 inches above the finish floor for a side approach or 48 inches above the finish floor for a front approach. §§ 4.1.3(13), 4.22.3, 4.22.7, 4.27.3, 4.2.5, 4.2.6.

(6) The entry door has twist-type hardware. Replace the handle on the door with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(7)(c), 4.13.9.

(2) The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate the hot water and drain pipes to protect against contact. §§ 4.1.3(11), 4.22.6, 4.19.4.

23. The City shall complete the following modifications to the Centennial Beach Building within the times specified:

Within six months of the effective date of this Agreement:

a. Accessible Parking

(1) The designated accessible parking spaces are in the side parking lot that is unimproved compacted earth. Provide a firm, stable, and slip-resistant surface for the accessible parking spaces. §§ 4.1.2(4), 4.5.

(2) The spaces do not comply with the standards. Modify the existing 4 accessible parking spaces to add 60 inch access aisles and signage incorporating the international symbol of accessibility, mounted such that the signs cannot be obscured by a vehicle parked in the space. Provide at least one van accessible parking space with a 96 inch aisle and with a “van accessible” sign mounted below the international symbol of accessibility, mounted such that the sign cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.2, 4.6.3, 4.6.4, 4.30.7, Fig. 9.

(3) The ramp that leads to the gift shop and restaurant has no handrails. Provide handrails on both sides of the ramp that comply with the Standards. §§ 4.1.2(1), 4.8.5, 4.26.

If the Centennial Beach Building is used to house programs, services, or activities for the public on a sustained basis during the life of this agreement, then the City will take the following actions within one year of that change in the facility’s current function as a river boat depot:

b. Men’s Toilet Room

(1) The entry door has twist-type hardware. Replace the handle on the door with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(7)(c), 4.13.9.

(2) The designated accessible toilet stall is 43 inches wide, and there is no rear grab bar. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) and a rear grab bar that is 36 inches long and 33 to 36 inches above the finish floor, with one end at least 6 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30, 4.26.2, 4.17.6.

(3) The designated accessible urinal has a 24 inch wide urinal shield. Provide a clear floor space of 30 inches by 48 inches in front of the urinal to allow a forward approach. §§ 4.1.3(11), 4.22.5, 4.18.3.

(4) The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate the hot water and drain pipes to protect against contact. §§ 4.1.3(11), 4.22.6, 4.19.4.

(5) The lavatory rim is 37 inches above the finish floor. Provide a lavatory that has a counter surface no higher than 34 inches above the finish floor and a clearance of at least 29 inches above the finish floor to the bottom of the apron. §§ 4.1.3(11), 4.22.6, 4.19.6.

(6) The mirror is mounted so that the bottom edge of the reflecting surface is 51 1/2 inches above the finish floor. Provide a mirror with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. §§ 4.1.3(11), 4.22.6, 4.19.6.

(7) The toilet paper dispenser in the designated accessible stall is mounted 15 1/2 inches above the finish floor. Remount the dispenser so that its centerline is at least 19 inches above the finish floor, its farthest edge is no more than 36 inches from the back wall, and it does not interfere with the use of the side grab bar. §§ 4.1.3(11), 4.22.3, 4.22.7, 4.17.3 & Fig. 30(d).

c. Women’s Toilet Room

The designated accessible toilet stall is 43 inches wide, and there is no rear grab bar. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) and a rear grab bar that is 36 inches long and 33 to 36 inches above the finish floor, with the end nearest the side wall mounted no more than 6 inches from the wall. §§ 4.1.3(11), 4.17.3 & Fig. 30(a), 4.22.4, 4.26.2.

24. The City shall complete the following modifications to the Burleigh County Detention Center and Courthouse within one year of the effective date of this Agreement:

a. Municipal Courtroom

There are no accessible wheelchair seating spaces in the spectator seating area. Provide two wheelchair seating spaces that are an integral part of the fixed seating plan, and adjoin an accessible route. Provide one accessible, corresponding companion seat next to each wheelchair seating location. Wheelchair seating spaces, location and other characteristics shall comply with the Standards. §§ 4.1.3(19)(a), 4.33.2, 4.33.3, Fig. 46.

b. Ramps

The ramp at the parking lot does not have handrails. Provide signage at the ramp to indicate the location of the accessible route from the parking lot to the accessible entrance, or install handrails on the ramp that comply with the Standards. §§ 4.1.2(1), 4.3.7, 4.26, 4.8.5, 4.1.3(16)(b), 4.30.

c. Signage

The sign at the Detention Center entrance does not have signage incorporating the international symbol of accessibility. Provide signage, using raised and Brailled characters, 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 and a person may approach to within 3 inches of the signage without encountering protruding objects or standing within the swing of the door. §§ 4.1.3(16)(b), 4.1.2(7)(c), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7(1).

d. Men’s and Women’s Municipal Court 1st and 2nd Floor Toilet Rooms and 3rd Floor Annex Toilet Rooms

The toilet rooms in the building are inaccessible. Renovate one set of adjacent men’’s and women’’s toilet rooms so that the spaces and elements in each room, including the entry door, clear floor space, turning space, and accessible route, water closet, grab bars, urinal (men’’s only, if provided), lavatory, mirror, controls, and dispensers, comply with the Standards. In addition, the City shall provide signage at all other inaccessible toilet rooms directing individuals to the these accessible toilet rooms. The City shall submit plans to the Department for modifying these toilet rooms before beginning construction. The Department will review complete design and construction documentation for renovations to both rooms, including, where appropriate, construction drawings, project manuals, addenda, and change orders, for conformity to the Standards, and the City will complete or modify the renovations as necessary to comply with the Standards. §§§§ 4.1.3(16)(b), 4.22, 4.2, 4.3, 4.13, 4.16 and Figs. 28 & 29, 4.18, 4.19 and Figs. 31 & 32, 4.26, 4.27, 4.30.

25. The City shall complete the following modifications to the City and County Office Building within one year of the effective date of this Agreement:

a. Men’s and Women’s 4th Floor Toilet Rooms

These toilet rooms are not accessible given their elements, size, and arrangement. Provide signage directing individuals to the nearest accessible toilet room. §§ 4.1.3(16)(b), 4.30.1, 4.30. 2, 4.30.3, 4.30.5.

b. Men’s and Women’s 3rd Floor Toilet Rooms

These toilet rooms are not accessible given their elements, size, and arrangement. Provide signage directing individuals to the nearest accessible toilet room. §§ 4.1.3(16)(b), 4.30.1, 4.30. 2, 4.30.3, 4.30.5.

c. Men’s and Women’s 1st Floor Toilet Rooms

The City has submitted plans to the Department for modifying these toilet rooms to bring them into compliance with the Standards. The Department will review complete design and construction documentation for renovations to both rooms, including, where appropriate, construction drawings, project manuals, addenda, and change orders, for conformity to the Standards, and the City will complete or modify the renovations as necessary to comply with the Standards.

d. Basement Toilet Rooms

These toilet rooms are not accessible given their elements, size, and arrangement. Provide signage directing individuals to the nearest accessible toilet room. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

26. The City shall complete the following modifications to the Law Enforcement Center within two years of the effective date of this Agreement:

a. Service Counters

The service counter is 42 inches above the finish floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches, or provide equivalent facilitation (e.g., by offering those services at an accessible location for people who use wheelchairs). § 7.2.2

b. The men’s and women’s toilet rooms in the juvenile area and the unisex toilet room in the booking area are not accessible. Provide signage at these rooms and in conspicuous locations directing individuals to the accessible toilet rooms in the lobby. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

c. Men’s Toilet Room (Lobby Area)

(1) The designated accessible stall is 40 inches wide by 56 inches deep, and there is no rear grab bar. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) and provide a rear grab bar that is 36 inches long and 33 to 36 inches above the finish floor, with the end nearest the side wall mounted no more than 6 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a).

(2) The centerline of the toilet is 19 1/2 inches from the side wall. Provide a toilet that has a centerline exactly 18 inches from the side wall. §§ 4.1.3(11), 4.23.4, 4.17.3 & Fig. 30(a).

f. Women’s Toilet Room (Lobby Area)

(1) The designated accessible toilet stall is 40 inches wide by 55 inches deep, and there is no rear grab bar. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) and provide a rear grab bar that is 36 inches long and 33 to 36 inches above the finish floor, with the end nearest the side wall mounted no more than 6 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a).

(2) The coat hook on the stall door in the designated accessible toilet stall is 59 1/2 inches above the finish floor. Provide a hook that is no higher than 54 inches above the finish floor for a side approach or 48 inches above the finish floor for a front approach. §§ 4.1.3(12)(a) 4.25.3, 4.2.5, 4.2.6.

27. The City will request that the school’s responsible officials complete the following modifications to the Victor E. Solheim Elementary School (polling place) within six months of the effective date of this Agreement:

Accessible Parking

A van accessible parking space is not provided. Provide a van accessible parking space that is 96 inches wide with a 96 inch wide access aisle, and install a sign designating the space as “van accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.2, 4.6.3, 4.6.4, 4.30.7, Fig. 9.

28. The City will request that the school’s responsible officials complete the following modifications to the Dorothy Moses Elementary School (polling place) within six months of the effective date of this Agreement:

Accessible Parking

A van accessible parking space is not provided. Provide a van accessible parking space that is 96 inches wide with a 96 inch wide access aisle, and install a sign designating the space as “van accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.2, 4.6.3, 4.6.4, 4.30.7, Fig. 9.

IMPLEMENTATION AND ENFORCEMENT

29. Except as otherwise specified in this Agreement, at 90 and 180 days after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date until the agreement terminates, the City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports will include photographs, architectural plans, notices published in the newspapers, copies of adopted policies, and proof of any efforts to secure funding/assistance for structural renovations.

30. 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.

31. 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, or it may initiate appropriate steps to enforce section 504 of the Rehabilitation Act.

32. 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.

33. 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 for 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 appropriate steps to enforce section 504 of the Rehabilitation Act.

34. 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.

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

36. 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.

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

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

For the Respondent:

For the United States:

__________________________ John Warford Mayor Bismarck, ND Date       10-11-02

RALPH F. BOYD, JR. Assistant Attorney General Civil Rights Division By:__________________________ JOHN L. WODATCH, Chief SUSAN BUCKINGHAM REILLY, Deputy Chief JOSH MENDELSOHN, Supervisory Attorney PHYLLIS M. COHEN, Senior Trial Attorney MICHELE ANTONIO MALLOZZI, Architect U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Disability Rights Section - NYA Washington, DC 20530 Date       10-16-02

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March 21, 2003