11-28-11 Common Council Meeting Minutes

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REGULAR MEETINGNOVEMBER 28, 2011 s/Derek D. Dieter Member of the Common Council RESOLUTION NO. 4131-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING AS STANDARDS FOR ACCESSIBLE DESIGN THE AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY GUIDELINES AND THE GUIDELINES FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY UPON DEPARTMENT OF JUSTICE APPROVAL WHEREAS, the Federal government enacted the Americans with Disabilities Act of 1990 (ADA) to prevent discrimination of the physically and mentally disabled relating to employment and access to public facilities; and WHEREAS, Title II of the ADA requires that municipalities adopt the Americans with Disabilities Standards for Accessible Design that provide accessibility, through proposed structural modifications to remove accessibility barriers; and WHEREAS, Title II of the ADA recommends that municipalities adopt the Americans with Disabilities Guidelines for Pedestrian Facilities in the Public Right-of- Way that provide accessibility, through proposed structural modifications to remove accessibility barriers and WHEREAS, in 2010 the United States Department of Justice modified the ADA Standards for Accessible Design, and in 2011 it proposed but has not yet adopted or finally approved the Guidelines for Pedestrian Facilities in the Public Right-of-Way; and WHEREAS, the City of South Bend remains committed to the ADA and the elimination of barriers to public facilities. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council hereby adopts the 2010 Americans with Disabilities (ADA) Standards for Accessible Design. SECTION II. The Common Council further adopts the 2011 Guidelines for Pedestrian Facilities in the Public Right-of-Way, effective upon their final approval by the Department of Justice. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send these bills to the full Council with a favorable recommendation. th Ms. Aladean M. DeRose, Chief Assistant City Attorney, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for these bills. Ms. DeRose advised that Americans with Disabilities Act (ADA) was enacted in 1990 to eradicate discrimination against disabled persons. South Bend’s Human Rights Ordinance prohibits discrimination against the disabled in employment and housing. 9