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HomeMy WebLinkAboutCommission On Disability - Minutes - 10/10/1992COMMISSION ON DISABILITY August 10, 1992 281 Conference Room - Regular Meeting MINUTES The regular meeting of the Commission on Disability was held Monday, August 10, 1992 in the 281 Conference Room at 1:OOpm. Members Present: Bob Willmot Shirley Reichenbach Ray Sanderson Roy Beauchamp Angela Byrne Judith Grim Arne Andersen James Reigles Members Absent: Mike Wilson Denise Scherble, excused Debbie Kalin, excused Staff Present: Mike Gebo Ann Reichert Staff Liaison: Mike Gebo Council Liaison: Susan Kirkpatrick Guests Present: Warren Jones, Poudre Fire Authority Wendy Irving, Facilities Rob Gilkerson, ADA Task Force The minutes from the July meeting were approved. COMMITTEE REPORTS Ray Sanderson reported the transportation committee has plans to present their report to City Council August 18, 1992. Some items on the report include training disabled people to ride public transportation, Care -A -Van hours/Transfort services, curb cuts and shelters. Ray Sanderson moved to endorse the transportation plan. Board member Angela Bryne seconded the motion. The motion passed. Wendy Irving reported the facilities committee is also ready to submit their proposal to City Council August 18, 1992. Wendy has put some unit costs with rough cost estimates. 16 buildings have been identified as high priority with $300,000 needed for the 1993 budget to start updating this buildings to meet new ADA standards. Board member Arne Andersen moved to endorse the facilities plan. Board member Angela Bryne seconded the motion. Abstain: Willmot The motion passed. Commission August 10, Page 2 on Disability 1992 Shirley reported James Reigles and she reviewed a number of plans this month. 1) Cottage Carriage House, by the Avery House 2) Moot House - rest rooms 3) Pizza Kitchen in Pharmor Plaza 4) Numerous site plans James asked Mike Gebo how seriously the comments from COD were taken with regard to plan review. Mike stated the comments were taken very seriously, but COD is an advisory body and some comments from COD are not enforceable. Mike explained the "red line" process. Jim Reigles offered his services to other architects in town to advise them on accessibility. Mike explained there is a specific check list for commercial plans that the COD Plan Review committee follows. He would like to establish a specific check list for multi-family/residential. He asked for volunteers from COD to help with this project. Mike stated Fair Housing standards are not enforceable by the Building Inspection Office. Mike further explained what the difference was between adaptable and accessible. In VERY general terms, adaptable does not require a permit, but accessible does require a permit. Ann Azari, mayor pro-tem, was a guest to the Board. She stated she is the chair person for a newly formed committee on cultural diversity. This is a joint effort between the City, CSU, Poudre R-1 and the Chamber of Commerce. Her request from this Commission, when the time comes, is to suggest recommendations and ideas. Recommendations to the community will be made March 1, 1993. Warren Jones, Poudre Fire Authority, was a guest speaker for the Commission. He spoke on fire safety issues related to disabled people. He stated the enhanced 911 system is being worked on presently, but the anticipated date for completion is approximately 3 years away. Mr. Jones explained the disciplined process that fire fighters go through when checking a burning building. He suggested staying in sprinkled hotel/motels. Shirley distributed an article that appeared in the paper August 10, 1992 with regard to Hickory Village and accessible kitchens. Shirley explained what the chain of events were up to this point. Shirley has voiced her concerns regarding the kitchen usability to the Chief Building Official. The problem with the "U" shaped Commission on Disability August 10, 1992 Page 3 kitchen, according to ANSI standards, opposing counter -tops have to be 60" apart. Jim Reigles and Shirley both attended the Building Review Board meeting when this issue was discussed. At that time Shirley represented the COD and stated the kitchen should have a 60" radius. What the builder/Chief Building Official is suggesting is a cook top oven/stove. What Shirley would like from this Commission is support in the belief that the cook top oven would not be acceptable and the 60" radius is the only option. A lengthy discussion was held and general consensus was the 60" radius was the answer and support was approved. Mike Gebo stated some issues have already by resolved. Mike stated with the codes that the City can enforce, only 13 units are required to be accessible. The options that were discussed were: 1) provide 60" turning space on 13 ground floor units, 2) provide a design that allows for removable base cabinet under the sink and the cook top with the counter height of 24" wall oven next to the refrigerator. Arne Andersen strongly recommended that the 60" radius be the option COD supported. The Board agreed. The meeting was adjourned. Nest meeting - September 14, 1992 Citv of Fort Collins MEMORANDUM DATE: August 6, 1992 TO: Boards and Commissions Staff Support FROM: Rita Knoll Harris, Boards and Commissions Coordinatrbrl"`" RE: Boards and Commissions Workshop The date of the boards and commissions workshop, originally scheduled for September 17, has been changed to Wednesday, September 30. Several Councilmembers, including the Mayor, had a conflict with the September 17 date. Agendas, including materials on each subject, will be mailed to each individual boardmember and staff liaison prior to the workshop. Please make a note of the date change and notify your boardmembers so they can change their calendars. Thanks. Distribution: Felix Lee Liz Stroh Mike Gebo Colleen A'Hearn Ken Waido Dave Siever Chip Steiner. Don Botteron Jerry Brown David Herrera Becky O'Donnell Joe Frank Jane Davis Tom Shoemaker Mollie Mercer Tom Peterson Alan Krcmarik Barbara Schoenberger Bob Smith Rick Ensdorff Mike Smith Peter Barnes 300 LaPorte Avenue 0 P.O. Box 580 9 Fort Collins, CO 80522-0580 0 (303) 221-6515 0 FAX M (303) 221.6329 Services Building Permits & Inspections Division City of Fort Collins Carolann Frisco 236 Rustic Road Bellvue, CO 80512-9305 Dear Carolann, August 5, 1992 After we spoke, I looked into the chronology of the Hickory Hill Village P.U.D.. A site visit revealed that the project is now well underway. Creating ground floor, one -bedroom units is not feasible in my view. The issues you reiterated in your letter are certainly valid, and I hope this response will shed further light on why the project has no accessible one -bedroom units. Firstly, the local ordinance that amended the state statute and requires accessible units to have "the same ratio of bedrooms and other features as other units provided in the subject building or facility," did not officially become law until May 17, 1991. Coincidentally, the one and two -bedroom Hickory Hill project had already received preliminary approval earlier that month for the building layout and exterior design. The Planning Department's files for the Planning and Zoning Board's final review of the project show no comments about the issue. Final P&Z approval occurred on June 24. Last January, our office received the construction plans and building permit application for the project. After routing them for review by other departments and the Commission on Disability, no comments were returned concerning unit mix. I discussed the matter with my staff and learned that the project would require substantial redesign and resubmission for P&Z approval to incorporate one -bedroom units on the ground floor. I was also keenly aware then, that the adjoining housing development (Willow Grove) had been recently completed by the same developer. As you know, it was built with accessible units being all one -bedroom designs. (This is the particular project that precipitated the code amendment for the unit mix requirement.) The major concern tAen was that under the state law, there was nothing to prevent all accessible units from being one -bedroom units. This "omission" effectively discriminated against households with disabled members and disabled individuals needing larger units. Given the above factors and given the opportunity for all accessible units to be the larger two -bedroom ones, the Hickory Hill plans appeared to offer the maximum flexibility for all tenants. Also, I felt those additional two -bedroom units would help counterbalance the lack of multi -bedroom accessible units in the adjacent development. Consequently, we issued the permit as proposed, with all one -bedroom units on upper floors. '_, I \. College Avenue • P.O. Box ;,SO • Fort Collin,. (_O U;"-('3No • ,31)3) "1-„7„0 CC: rnunrII • July 24,1291 Felix Lee City of Fort Collins Planning Division Ft. Collins, Colorado 80522 Dear Felix, CITY MANAGIER COunCil Su-Cor (respcnse pnai If you will recall, I spoke to you earlier in the week concern- ing a development under construction at the present time, i.e., Hickory Hill. My concern at t-at time was that the only accessible ground floor units were all 2 bedrooms and my question concerns this inconsistency with Ft. Collins City ordinance. As I understand it, the Ft. Collins city ordinance #5-27-(26) Section 12-14 was amended as of 3/91 to address the issue of "unit mix" allowing that there be an equal number of accessible units on the ground floor. Apparently this ordinance was ignored when the building plans were approved as submitted. That is probably not entirely correct, as I understand it, the kitchens were not access- ible (especially use of the stoves to people in wheelchairs) and they were then told (as I understand it, by you) they must re -do the - plans and submit them for approval. I also understand that they do not wish to re -do the kitchens and a meeting is slated for this week Thursday (7-30-92). The architect for this housing project is Vaught Frye and the builder is Tom Sibbald; they have already designed and constructed another inaccessible housing project in Willow Grove Apartments. I have recently filed a "Housing Discrimination Complaint" with H.U.D. against both parties concerning Willow Grove. There now appears to be yet another housing project under way by the above mentioned parties that is inaccessible according to City code. I would like to know N" . The disabled community has been ignored for too long and thankfully this is starting to change. I applaud the City of Ft. Collins on the "Commission on Disability", a committee before its time. I vender, however, why their input on building plans that are not accessible is being ignored. I trust this letter till be answered in a timely fashion; I will be most interested to hear the outcome of the meeting on Thurs- day. Should an injunction be filed against Hickory Hill, I sincerely hop♦ that you will take tt{is opportunity to correct the fact of "unit mix" in the ground floor accessible units. Respectfully concerned, Carolann H. Frisco _ cc Susan Kirkpatrick 0 carolann Frisco — Mayor, City of Ft. Collins gM0 239 Rustic Road _ 0 BHbuo, CO 80612-9305 After discussing the kitchen accessibility issue with several COD and ADA task force members, we have come to the following consensus: The 60" clearance - NOT clear floor space - between counter tops and appliances is a non-negotiable requirement which has been in the regulations for 12 years. The architect and builder -owner were aware of this law and their lack of compliance early in the design process. Yet, both refused to accept COD's and the building department's advice to correct the design at that time. The disabled community should not have to live with or accept anything less than the minimum space the law requires. These apartments will be in use for many years. Mr Sibbald will be receiving HUD tax credits for 15 years. The project is reportedly costing $4.5 million. The cost to comply with the regulations figuring approximately $1000 per unit times 38 units is $38,000. This is 0. 4 of the cost of the project. The inconvenience of short term delay and increased cost of constructing these units as required should not be considered in the decision. In the long run it is the disabled population, the very people these are supposed to help who will be inconvenienced. Affordable or not, you have to be able to use and live in your home. We (COD and ADA task force) want it to be clear that 60" clearance is the minimum and is non-negotiable. We take our stand as representatives of the disabled population that non compliance will not be tolerated. If it takes hitting in the pocketbook to accomplish this, then so be it. In addition to the other ANSI and HUD design requirements we want the following issues to be included: Whatever design is ultimately accepted 1. 30" width adjustable work counter 2. 30" width adjustable height sink area with drain toward the back and the garbage disposal not encroaching on the 19" clear knee space requirement. 3. Directions for adjustment of height and removal of base cabinets from under the work space and sink must be provided both in an information packet and in the apartment. 4. Finished floors under removable base cabinets. Range: 60" clearance - leans conventional range as designed but more counter to give 60" between appliances/counter tops. 48" clearance - no conventional range. cook tip with removable base cabinet (would be nice if height is adjustable) Insulation under cook top. Wall oven to meet the following: 1. Drop front door - self cleaning 2. Drop front door - not self cleaning requires 30" wide adjacent work area with removable base cabinet. 3. Side hinged door requires a pull out shelf below oven - full width of oven and at least 10" deep. All controls on face of oven at reachable height. One main objection from the oven would the door is opened. to the wall mounted oven is that the hot air blast a seated person right in the face when It is unfortunate that concessions were made, but we feel that the ultimate responsibility lies with the designer. The parties involved in this variance request have a track record of non- compliant designs and "hardship" variances being granted. This must stop now. We hope that this precarious situation will never happen again. P.m.: Iflgssen to attend 1992 annual ks .board' dinner at the Flatiron up use area hvmday and Friday Pen schedule. v Council he city of Fort Collins has W%ed- i the following meetings for the ling week. All meetings are at City 1, 300 LaPorte Ave., unless other - noted, and will be open to the we. oday P.m.: Commission on Disability, 281 .ollege Ave., conference room. 30 p.m.: Planning and Zoning u'd. uesday 15 p.m.: City Council work session. 'ednesday am.: Storm Drainage Board. P.m.: Senior Advisory Board, vntown Community Center. 30 p.m.: Air Quality Task Force, 281 'ollege Ave. conference room hursday 30 am.: Zoning Board of Appeals. oon: Finance Committee. p.m.: Library Board, 201 Peterson 30 p.m.: Human Relations Commit- 30 p.m.: Community Development * Grant program committee, 281 7ollege Ave. p.m.: Cable Television Board, City l West, second floor conference n. iday 30 am.: Legislative Review Sub- .mittee. adoan staff Applause Kevin McGee, a senior at Arizona State University and a 1989 graduate of Rooky Mountain High School, has been elected chairperson of the Collegiate Arizona Music Educators Association. McGee was also nationally recognized in March with a certificate of achievement tram the Music Educators National Conference. In addition, he was chosen to two honor soci- eties at ASU this year. Phi Kappa Phi, an academic honor society, and the Zeta Omega Chapter of PI Kappa Lambda, an academic uud musical achievement honor society. 'Pommy Thomp- son, a bareback rider, said he and his partner ttsuslly start Packing their gear before the rodeo is over in a THOMPSON rush to get back on the road and to the next event. We spend 90 percent of our time on the road," he acid. Originally from Bridger, Mont., a station wagon with a mattress in back is the closest thing to a home for Thompson since he started on the professional rodeo circuit about a Year ago. He and his driving partner take turns at the wheel while the other sleeps in back. ompson said they've probably to one rodeo a day for the past to cowboys get a chance to take a break from driving this week because they'll have to stay three days for the Loveland rodeo. "It's Pretty tough to keep any type of relationship going while you're on the road," Thompson saidL "You need a real tough gW to Steady money isn'tsomething he can count on either. Thompson said he's been winning an average of about $500 a week late- ly, but he bas gone through some dry spells in the peat. I'm Just making ends meet," he said. "I'm not geWng rich at it but Group battles builder over wheelchair access By J. LEWANDOWSIO The Cobiadoen A dispute over wheelchair access in an apartment complex has forced an angry face-off between advocates for the disabled and a local builder. Shirley Refchenbach, chairwoman of the Fort Collins Commission on Dis- ability, wants to force the developer to rebuild the kitchens in 38 apartments at Hickory Hill Village, a project akin under construction. She claims the de- veloper didn't follow design guidelines for spacing mandated by government agencies. The complex is located at the north- east comer of Horsetooth Road and Shields Street. Tom Sibbald, developer of the Project, said he followed the rules, and the project design was approved by Fort Collins building officials. "Our designs comply with the stand- ards. But I don't believe anyone under- stands the standards," Sibbald said. Reichenbach said the commission won't back down. "We won't give in on this point. They don't have a right to do that. We may have to take this to City Council," she said. The dispute started last September when plans for Hickory Hill were re- viewed by the building department and members of the Commission on Dis- ability. After review, the commission asked Felix Lee, the city's chief build- ing official, to require bigger kitchens. Lee discussed the request with the developer, but decided to allow the original design. In dispute is the amount of space re- quired to be between the kitchen counters. Frank Vaught, architect for the project, said that state and federal regulations are open to some mterpre- tation. Regulations say that wheel- chairs need 80 inches of space to ma- neuver between the cabinets. The regu- lations also say that HvUW areas can be "adaptable" to accommodate persons in wheelchairs. The kitchens were designed to that the bottom cabinets can be removed to provide 80 inches of clearance, Vaught said. With the cabinets in place, there is a 48-inch clearance. Reichenbach said that the regu- lations were interpreted incorrectly and that the adaptability Plan does not conform with state and federal laws. The backs of wheelchairs can get stuck beneath counter tope, Reichenbach About three weeks ago, Reichenbach Protested again to the city that the de - Sign was s unacceptable. Lee took the Building Appeals Board. The board decided to grant Sibbald a variance because the building depart- ment had approved the design and be- cause the project is nearly completed. While the board ruled in Sibbald's favor, he is angered by the decision. Sibbald explained that the building de- partment approved the project as it was Presented and that he never asked for a variance. Now the review board's decision can be appealed to the Fort Collins City Counts Sibbald said that Is unfair.