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City Of Pekin Faces Mobility Lawsuit

City Of Pekin Faces Mobility Lawsuit

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by: Msgem Active Indicator LED Icon 16 OP 
~ 5 years ago   Dec 8, '18 12:38pm  
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cjsummers Active Indicator LED Icon 17
~ 5 years ago   Dec 8, '18 1:07pm  
Removed By Request
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EyeintheSky Active Indicator LED Icon 9
~ 5 years ago   Dec 8, '18 1:27pm  
How much access should a city be REQUIRED to provide?? This almost seems like they are wanting ENTIRE city ADA compliant. I understand needing access but at what cost are others to cover. Would it be more cost effective to get these folks outdoor rated wheelchairs?
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starbound64 Active Indicator LED Icon 5
~ 5 years ago   Dec 8, '18 10:42pm  
If it is access to public buildings that provide a service they may have a case, but is a city responsible to provide sidewalks everywhere for everyone? The answer is no. And any accommodation would be judged on reasonableness. I think it will be overreaching. If not though, Pekin is about to hire some contractors.
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Aradia13 Active Indicator LED Icon 2
~ 5 years ago   Dec 9, '18 5:51am  
So....am I to understand that persons with disabilities should have limited access to buildings and businesses? That's the way the responses are reading to me anyhow. Why should anyone be denied access, whether they're able bodied or disabled? And outdoor rated wheelchairs? Seriously? Wheelchairs are expensive enough, as it is. Why should a person have to have a second chair just to be outside? Every business is public and should have equal access to the services they provide. And why shouldn't the entire city be ADA compliant?
Just asking for a friend 🤔
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ChefKevin Active Indicator LED Icon 17
~ 5 years ago   Dec 9, '18 6:27am  
@cjsummers If the city of Pekin has the same code as the city of Peoria, wouldn't this make the property owner adjacent to said impassible sidewalks partially responsible for replacement? Or does that only apply if the home/business owner wants to replace it? If it would be the former, I see homeowners having issues with having to shell out thousands of dollars for sidewalk replacements.
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Mahkno Active Indicator LED Icon 17
~ 5 years ago   Dec 9, '18 7:12am  
@ChefKevin : Might depend on whether the sidewalk is in a right of way or in an easement. In my neighborhood the sidewalks are firmly on the right of way... eg the roadway. In some of the newer neighorhoods the sidewalks exist in an easement on property held by the homeowner.
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Mahkno Active Indicator LED Icon 17
~ 5 years ago   Dec 9, '18 7:16am  
WEEK doesn't mention that Pekin had federal funding allocated towards sidewalk upgrades but failed to make the improvements. PJ Star
 
Another example of Pekin skimping on infrastructure.
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Mahkno Active Indicator LED Icon 17
~ 5 years ago   Dec 9, '18 7:18am  
And why shouldn't the entire city be ADA compliant?
 
@Aradia13 : Exactly... and Pekin had a 20 year plan with federal funding to implement that but failed to deliver.
 
For reference, the Americans with Disabilities Act (ADA) was passed in 1990. They have had 28 years to get with the program.
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Mahkno Active Indicator LED Icon 17
~ 5 years ago   Dec 9, '18 7:19am  
From observation, Peoria's practice is to make the upgrades, when the roads/driveways are redone. If you get your driveway redone, you have to bring the curb cut and sidewalk into compliance.
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Mahkno Active Indicator LED Icon 17
~ 5 years ago   Dec 9, '18 7:26am  
From Pekin Municipal code.
 
Chapter 1, 4-2-9: A
The Director of Public Works is hereby authorized to declare certain
sidewalks in the City to be sidewalks in need of repair, based on the
criteria set forth below. Upon finding that a sidewalk is in need of repair,
the Director of Public Works, or his designee, shall mail a notice to the
owner or owners of property touching the sidewalk in need of repair. The
notice shall advise the owner that he must repair or contract for repairs of
the sidewalk in need of repair within thirty days of the date of the mailing
of the notice. The notice shall describe with particularity the location of the
sidewalk in need of repair. The notice shall advise the owner that if he
contracts for said repairs, that the City will reimburse 50% of the
reasonable cost of said repairs. It shall further advise the party that the
City reserves the right to determine that the charge is excessive, and if it
so finds, that the City shall reimburse 50% of a reasonable price for said
repairs. The notice shall advise the owner that in order to qualify for
reimbursement, two (2) bids must be obtained from licensed and bonded
contractors; reimbursement shall be based on the lower of the two (2)
bids. The notice shall provide the owner with a name, address and
telephone number of the designee of the Director of Public Works who
shall be notified of any contract for repair entered into by the party
receiving the notice.
 
Paragraph I:
 
I. Sidewalks in need of repair shall be determined by the Director of Public
Works or his designee, according to the following criteria:
(a) Height differential between slabs of 1.5 inches in commercial areas
and 2 inches in residential areas.
(b) The nature of the neighborhood where the sidewalk is located and the
amount of traffic thereon.
(c) The existence of holes, gaps between slabs, and spalling of concrete.
(d) The potential of the area to become worse.
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TheRealQuisp Active Indicator LED Icon 8
~ 5 years ago   Dec 9, '18 8:00am  
There has to be curb ramps at every intersection. In every part of the city.
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EyeintheSky Active Indicator LED Icon 9
~ 5 years ago   Dec 9, '18 9:23am  
And outdoor rated wheelchairs? Seriously? Wheelchairs are expensive enough, as it is. Why should a person have to have a second chair just to be outside?
 
@Aradia13 : it would be paid for by the city for the person needing it. There are some really great designs that would actually open up even more areas to them. I would see it as no different than changing for a specific event. This would be a stop gap fix until areas in question could be addressed.
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Mahkno Active Indicator LED Icon 17
~ 5 years ago   Dec 9, '18 9:29am  
This would be a stop gap fix until areas in question could be addressed.
 
@EyeintheSky : Stop gap? They have had 15 years to address it WITH funding.
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EyeintheSky Active Indicator LED Icon 9
~ 5 years ago   Dec 9, '18 9:32am  
EyeintheSky : Stop gap? They have had 15 years to address it WITH funding.
 
@Mahkno : then they should have the funds to get the chairs. ASAP. Then in spring get busy fixing. The lawyer said it wasn't about the money so he should like this option. Client gets mobility and sidewalks repaired.
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Mahkno Active Indicator LED Icon 17
~ 5 years ago   Dec 9, '18 9:34am  
Mahkno : then they should have the funds to get the chairs. ASAP. Then in spring get busy fixing. The lawyer said it wasn't about the money so he should like this option. Client gets mobility and sidewalks repaired.
 
@EyeintheSky : I seriously doubt the budget allocation allows for the redirection of funds designated for PUBLIC sidewalks, towards PERSONAL wheel chairs. For the price of some of these chairs, you could make a serious dent in sidewalks repairs.
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