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City attorney warns of ADA exposure at Renshaw Apartments; council to schedule focused review
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Summary
Clawson legal counsel told council the Renshaw Apartments likely do not meet ADA standards, creating potential court exposure; staff will convene the city attorney, the city’s insurance representative and the city engineer at a future meeting to evaluate options and public engagement.
City Attorney (city attorney) told the council at the March 31 budget workshop that the Renshaw Apartments present significant ADA compliance risk and that “grandfathered” status is unlikely to be an effective legal defense.
The city attorney cited a recent slip‑and‑fall case and warned that ADA noncompliance involving elderly residents could be used against the city in litigation. "It is not a defense for us in a court of law to state that we somehow, are grandfathered when it comes to ADA," the attorney said, urging the council to treat compliance as a must.
City manager (city manager) and staff said the Renshaw reserve (about $436,000 estimated at year‑end) is currently fenced for that property and recommended a public engagement process if council considers options such as repairing and investing in the property or putting the question to voters. The manager proposed a dedicated meeting with the city attorney, the city’s insurance provider at MMRMA and the city engineer to study exposure, costs and options before council action.
Council members asked for more financial detail on Renshaw’s annual cash flow; staff said that will be part of a future workshop or agenda item that allows time for presentations from the attorney, insurer and engineer. No decision was made at the workshop.
