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CITY OF MUSKEGON
AMERICANS WITH DISABILITIES ACT
PURPOSE
The purpose of this policy is to ensure that the City of Muskegon provides services to all
people without regard to race, color, religion, age, national origin, or physical and/or
mental disabilities as defined in the American With Disabilities Act (ADA) of 1990. The
Policy also provides a complaint procedure for anyone who is aggrieved (Attachment A).
POLICY
I It is the policy of the City of Muskegon that no qualified individual with a
disability as defined by the Americans With Disabilities Act (ADA) of 1990
shall, by reason of such disability, be excluded from participation in, or be
denied the benefit of, the services, programs, or activities conducted by the City
of Muskegon, or be subjected to discrimination.
All City of Muskegon staff have the responsibility for implementation of this
policy. Supervision of the policy will be performed at the department director
level.
Il. The Muskegon City Commission has taken steps, to the fullest extent
financially and administratively possible within its available resources, that all
programs and activities are readily accessible to all qualified persons, including
individuals with disabilities. In order to provide equally effective
communication, the City will make certain auxiliary aids and services for the
disabled available upon request, provided ample notification is given. Under
normal operating circumstances, this would mean a minimum of twenty-four
(24) hours. However, requests for the service of signers should be made
seventy-two (72) hours in advance. Requests for auxiliary services shall be
made to the City Clerk.
A statement of this written policy will be distributed to each city department
and to all other interested parties.
Persons wishing to file a complaint concerning these services should file such
complaints with the Affirmative Action Director, who will follow the
procedure described in the ADA complaint procedure.
ATTACHMENT A
CITY OF MUSKEGON
AMERICANS WITH DISABILITIES ACT
Complaint Procedure
Complaints shall be filed with the City’s Affirmative Action Director within fourteen
(14) days of the alleged discriminatory act. Employees covered by collective bargaining
should first exhaust the established grievance procedures. Unresolved grievances may be
filed as a complaint.
The procedure for processing complaints not resolved by grievances is as follows:
1. A written complaint must be filed with the Affirmative Action Officer within
fourteen (14) days of the alleged discriminatory action or the denial of any
grievance filed. The complaint should include the alleged discriminatory
action in sufficient detail to thoroughly inform the investigating officer.
2. The Affirmative Action Department shall have fifteen (15) days to investigate
the complaint and issue an administrative determination.
3. If not satisfied with the administrative determination, the complainant will be
afforded such other procedures available by personnel rules and by law.
Any complainant, feeling adversely affected by the decision, may at any point in this
procedure maintain all of the legal remedies set forth in Title VII of the Civil Rights Act
of 1964, the Michigan Civil Rights Act, and the Americans With Disabilities Act of
1990.
The focus shall be on the prevention of discrimination and its ensuing complaints, rather
than the reconciliation of same.
ATTACHMENT B
CITY OF MUSKEGON
AMERICANS WITH DISABILITIES ACT
Transition Plan
For the last twenty years the City of Muskegon has attempted to provide access to all
buildings. City Hall, constructed in 1970, was built to conform with access standards of
that era. The Public Service building, home of the Public Works Department, was
constructed to meet the State barrier free rules; all park improvements made since 1972
were designed to meet access needs; retrofit improvements of existing structures and
facilities were made to conform with the Rehabilitation Act of 1973; and new playground
equipment was installed to allow access. As history indicates, the City has aggressively
addressed the needs of all citizens.
In 1972 the State barrier free rules were adopted. The adopted rules under Act 230 were,
in some instances, higher than those used in the construction of City Hall. ADA rules
addressed items in a different way; and as a result of the new standards, some of the
facilities are no longer in compliance. The State barrier free rules were not retroactive.
As a result, many existing facilities were not upgraded, especially with regard to parking
facilities.
The City has inventoried all of its facilities and programs. While meeting barrier free
requirements, changes will be required to meet new access standards. It is the intent of
the City of Muskegon to provide services to all impaired persons, including sight,
hearing, and mobility limited persons. As in the past, the City will be proactive in
meeting the needs of all disabled persons.
All buildings and places used by the City will be made accessible. Buildings will be
properly signed, and paved parking areas will be provided. Programs and facilities will
be made available by design or alternate methods. As an example, the City is currently
installing TDD equipment at City Hall, Public Service, and the Housing Commission.
The renovation of the Smith-Ryerson Community Building, which will begin soon, will
update the building to new access standards. A study now underway will determine if the
Walker Arena will be remodeled; if the project is completed, access between the arena
and its annex will be available without barriers.
A self-evaluation has been completed. It was found that most buildings are reasonably
barrier free or need minor access improvements. The most needed are to the restroom
facilities. The lack of paved parking lots and sidewalks at park facilities are major
impediments for the physically challenged. The attached is a compilation of deficiencies
at the various buildings and sites used or owned by the City.
ATTACHMENT C
PHYSICAL ALTERATIONS REQUIRED
Public Service Building
1. Three designated spaces to be provided. One space to be designated as a van space.
2. Drinking fountains to be replaced so that they are accessible but do not project so as
to become hazardous to sight impaired persons.
TID equipment to be installed.
Parking lot and building signage to be installed.
Lunchroom recessed entry door to be provided with 18” strike edge clearance or
alternate access provided.
Exterior doorknobs to be replaced by latches.
Sign shop door to comply with 32” clear opening.
Front exterior entrance threshold to be lowered to remove % vertical change.
Garage office floor height change to be eliminated or ramped.
10. Men’s and women’s barrier free toilet to meet barrier free ADA requirements.
Modification of one toilet room for each sex to be made, including stall space.
C.A.A.P. — Southern Avenue Rental
1. One parking space to be designated; barrier free appropriate signs will be installed.
N
Accessible entry to be identified by signage.
Main entry threshold to be modified so that vertical change will not exceed 4”.
ted
Toilet rooms meeting barrier free requirements will be provided.
City Hall
1. Exterior stairs ~-Muskegon Avenue handrail does not extend required 12”. Indicator
stripping to be applied to exterior stairways.
Drinking fountain to be changed to allow use by mobility limited persons without
creating hazards for sight impaired persons.
Public telephones to be eliminated and a TDD telephone to be installed in the City
Clerk’s Office. .
Signs designating accessible entries to be installed. Room identification to comply
with needs of sight impaired persons.
Corridor door to Civil Service Conference Room does not meet strike edge clearance
needs; this door is one of three room entrances, two which meet the requirements.
Office is not in general use.
Engineering office strike edge clearance is inadequate. A hold-open device will be
installed.
Commission Chamber is not accessible (has three steps); ramp to be provided.
Exterior stairway handrails do not extend beyond bottom riser; stair treads do not
have required indicator strips. The handrails will be extended, and indicator strips
will be provided.
Elevator needs Braille labeling of controls, audible warning devices, hallway lanterns,
and floor indicators. Optical door sensors will be programmed to hold open the doors
for twenty seconds or more.
10. Toilet facilities meeting ADA requirements will be provided.
11. Damaged carpet in room will be replaced.
12. Visual fire alarms will be provided in toilets and meeting rooms.
Central Fire Station
1, One barrier free designated parking space is required. Said space will be van size.
2. TDD telephone will be installed.
Accessible entry to be designated by signage.
Office toilet to be remodeled barrier free (unisex).
Parks
Cottage Grove Ramp
1. Parking area to include two barrier free designated parking spaces, including one van
designated space. Appropriate signage to be installed.
Aamodt Park
1, Play equipment and structures will be made accessible.
Elliot Park
1, Designated parking to be provided with proper signage.
2. Detectable warning strips at walkways crossing traffic lanes.
3. Accessible walks to play areas to be installed.
4. Barrier free play facilities to be provided.
Grand Trunk Launch Ramp
1. Designated barrier free and van spaces to be provided; proper signage to be installed.
Harbour Towne Beach
1, Designated barrier free and van spaces; proper signage to be installed.
Marsh Field
1. Accessible parking spaces will be provided and properly designated.
2. Drinking fountain to be changed to permit access.
3. Accessible restrooms to be properly signed; stall width to be increased.
Beachwood Park
1. Accessible parking stall to be provided, including pavement.
2. Accessible picnic tables to be provided.
3. Play equipment to have accessible route of travel.
4. Portable toilet to be accessible or removed.
Seyferth Park
1. Accessible paved parking to be provided.
2. Accessible picnic tables to be provided.
3. Toilet building to be made accessible, or removed because of condition; not public
use.
Sheldon Park
1. Accessible paved parking to be provided.
2. Walks to activity and sports area to be provided.
3. Accessible picnic tables to be provided.
4. Play structures to be accessible.
5. Building signs to be installed.
Reese Park
1. Accessible paved parking to be provided and signed.
2, Accessible walks to sports area to be provided.
3. Accessible picnic table to be provided.
4. Accessible routes to play equipment.
5. Accessible restrooms to be provided.
Veteran’s Park
1. Accessible parking to be provided.
2. Walkways to be accessible at bridge.
Pere Marquette Beach House
1. Door width to barrier free toilets will be altered.
2. Telephone to be removed.
3. Signage to be installed.
McCrae Field
1. Paved barrier free parking space and access will be provided.
2. Accessible surfacing walks to picnic area, sports area, and play area will be provided.
3. Visual fire alarm to be installed in toilet room. Mirror and towel dispenser to be
lowered.
McGraft Park
. Paved barrier free designated parking stalls to be provided.
Proper signage to be installed at each parking space.
Drinking fountain will be made to conform to barrier free needs.
Access to play equipment will be made.
Surface around play equipment will have 8’ firm resilient safety surface.
Play structures will have transfer platform.
Public telephone will be removed or made TDD.
Signage of primary entries and access there shall be installed.
9. Toilets to be made to conform including visual fire alarm.
Farmer’s Market
1. Designated stalls to be provided and signed.
2. Toilets to comply with access requirements.
Kruse (Bronson) Park
1. Signage to be installed as required.
2. Curb ramps to be redesignated to include detectable warning.
3. Building signs to be installed.
Smith Ryerson
1. Toilet facilities meeting ADA requirements will be provided.
2. Accessibility signs will be installed.
Beukema Field
1. Playground equipment will be made accessible.
2. Accessible parking will be provided.
Cemeteries
Restlawn (office)
1. Accessible entry signs will be provided.
2. Door handles will be changed.
Boat Ramps
Hartshorn Large Boat Basin
1. Van accessible parking stalls will be designated.
2. Signs indicating barrier free access will be installed.
Hartshorn Small Boat Basin
1. Designated accessible parking to be provided.
2. Accessible toilet stalls to be provided.
3. Accessible picnic tables to be provided.
Fisherman’s Landing
1. Designated accessible parking places will be signed.
2. Toilet entryway will be modified to meet barrier free accessibility requirements.
Some facilities owned by or used by the City are not public buildings. These are
facilities which by their nature cannot be modified to meet required accessibility or are of
such nature that are used by persons that are mobile. The fire stations, other than Central
Station, do not have offices or other public facilities. Firefighters who are subject to call
are the only occupants.
The Water Filtration Plant is operated by persons who are required to climb ladders and
stairs to manually change valves. The plant does not have office or lab employees who
are not operators.
Buildings such as the Housing Commission office already fully comply with access
requirements.
As indicated by the evaluation, there are a number of improvements necessary to
complete the goal of accessibility. Cost of improvements will necessitate a programmed
approach. Some improvements will be made using existing budgets. Improvements such
as replacing signage on buildings and parking lots will be completed using maintenance
budgets. TDD equipment at City Hall, Public Works, and the Housing Commission
office will be installed. Improvements requiring structural changes will be longer range.
Plans will be needed so that cost estimates can be made. An ADA improvement budget
will be identified and completed by 1995.
Citywide sidewalk replacement program will continue, and curb ramps will be installed
as improvements are being done in the area of need. It is the intent of the City to comply
with the spirit of ADA.
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