CITIZEN’S INQUIRIES:

There were none.

Consider Brick and Roof Colors for New City Hall – Mayor Trousil explained Metzger Johnson had provided samples of different colors and types of brick and roof colors that could be used for the New City Hall. Staff and Public Officials evaluated the options and choose three different types and colors of brick. The three choices were presented at the meeting for Council evaluation. One of the bricks was red, another was brown and the third choice was a light gray. The Council reviewed the choices with each other and with those present at the meeting. They all agreed the color for the roof should be Forrest Green. Each of the Council Members preferred a different brick. Crowner wanted red brick; Lees choose brown brick; and Johnson wanted light gray. Pilger who could not attend the meeting had chosen the light gray also. Several visitors in the audience including Polly Rein and George Marzeck expressed their opinion that in keeping with the design the Council is heading, brown brick should be used. After considering the opinion of all present at the meeting it was the consensus to go with brown brick. Council Member Johnson said he thought the Council was making a big mistake with the brown brick; he thought they should have chosen the light gray brick.

The Council also agreed to carry through with the brick on the front of the building instead of the smooth stone.

Administrator Mandsager said the price included in the bid was .45 per brick. The price for these bricks was .31 for the light gray, .37 for the brown and .48 for red.

Consider Installation of Elevator in New City Hall – Mayor Trousil reported the City received a letter from the U.S. Department of Justice regarding the New City Hall. They said through a article in the Des Moines Register, it was reported the City has decided not to install an elevator in the building at this time because it is a single story building with a basement. The letter said they were writing to inform the City that the ADA does require that the new city hall building have an elevator. The letter said Title II of the ADA applies to public entities and requires that new or altered construction be "readily accessible to and usable by individuals with disabilities." They said ADAAG at 4.1.3(5) which requires that "one passenger elevator… shall serve each level…" While there is an exception for facilities that are less than three stories, this exception specifically does not apply to public entities.

Mayor Trousil said City Administrator Mandsager referred the situation to the City Attorney, Mitch Taylor. Mr. Taylor, who was present at the meeting, said he had discussed the situation with the US Attorney. He said there are exceptions that an elevator can not be used in a public building. At this time however, the US Attorney said they are not going to bring a case against the City. They reserve the right however, to bring a case at anytime. It would be far more likely that a private action could be brought by a citizen. In a citizen action under ADA there is a fee shifting provision. This could make the City responsible for not only their own defense counsel but also for the cost of Plaintiff’s attorney. He proposed the following four things that the City could do:

1. The City could install the elevator now. If the City does this he would draft a letter to the US Attorney’s office and they will close the file on this matter.

2. The City could do nothing and see what happens. This is a highly risky venture as the private citizen action could be brought against the City.

3. The City could agree with the US Attorney’s office that the City would not use the basement for any activities. This also provides a certain amount of risks and that a citizen could still bring an action against the City for failure to have an elevator to access the basement floor.

4. The City could file an action in either state or federal court, seeking a declaratory judgment from a judge stating whether or not an elevator would be needed or not. If it was brought in state court it would most likely be removed to federal court. But on the inside proceeding could take 2 to 4 months. On the outside the court could take more than 6 months. There is also a high risk that the City would not prove that case.

Council Member Crowner said because the basement is a standard basement to be used for mechanical purposes he does not see the need to install an elevator. However, he said considering the consequences it does not make sense to fight.

Council Member Johnson said the decision to only install the elevator shaft was made because of what the basement was going to be used for and as an attempt to keep costs down.

Administrator Mandsager said the two Council Members who are absent tonight also agree under the circumstances the elevator should be installed.

After discussion Johnson moved, second by Lees, to install an elevator in the New City Hall. Voice vote. All ayes. Motion carried.

Administrator Mandsager said the goal of the City officials is to provide a quality building for the City. He said we have worked with and will continue to work with all contractors to cut costs.

MAYOR’S INQUIRIES: There were none.

ADJOURN – There being no further business, the meeting adjourned at 8:06 p.m. upon motion by Lees, and second by Johnson. Voice Vote: All Ayes. Motion carried.

Approved Terrie L. Simonson, City Clerk