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4.11 SR 12-18-2017 EGty1� ,.,�� Request for Action River To Item Number Mayor and City Council 4.11 Agenda Section Meeting Date Prepared by Consent December 18, 2017 Justin Femrite, P.E., City Engineer Item Description Reviewed by ADA Transition Plan Cal Portner, City Administrator Reviewed by Action Requested Adopt,by motion, the attached ADA Transition Plan. Background/Discussion The City of Elk River has conducted a self-evaluation of its facilities within public rights of way and has developed this Americans with Disability Act (ADA) Transition Plan consistent with federal requirements. A transition plan is required for public agencies who solicit federal funding for trail and sidewalk facilities. An ADA transition plan details agencies current services,policies, and practices to ensure persons with disabilities are protected from discrimination on the basis of a disability. Elk River currently maintains 629 pedestrian ramps on the public sidewalk and trail system. Of these facilities, 72% are substantially compliant with current ADA standards by meeting 4 or more of the 7 metrics measured as part of the self-evaluation. Continual improvements will be made in replacement of non-compliant ramps as part of capital street improvement projects detailed in the Capital Improvement Plan Tabulations of the self-evaluation and a map of our pedestrian ramps are included in the appendices of the attached Transition Plan. Financial Impact N/A Attachments ■ Elk River ADA Transition Plan The Elk River Vision A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By service, and community engagement that encourages and inspires prosperity INAWRE1 1 ADA Transition Plan 2 Americans with Disabilities Act Transition Plan Introduction Transition Plan Need and Purpose The Americans with Disabilities Act (ADA), enacted on July 26, 1990, is a civil rights law prohibiting discrimination against individuals on the basis of disability. The ADA consists of five titles outlining protections in the following areas: 1. Employment 2. State and local government services 3. Public accommodations 4. Telecommunications 5. Miscellaneous Provisions Title II of ADA pertains to the programs, activities and services public entities provide. As a provider of public transportation services and programs, Elk River must comply with this section of the Act as it specifically applies to public service agencies. As required by Title II of ADA, 28 CFR. Part 35 Sec. 35.105 and Sec. 35.150, Elk River has conducted a self-evaluation of its facilities within public rights of way and has developed this Transition Plan detailing how the organization will ensure that all of those facilities are accessible to all individuals. This document has been created to specifically cover accessibility within the public rights of way and does not include information on city programs, practices, or building facilities not related to public rights of way. Agency Requirements Under Title II, Elk River must meet these general requirements: • Must operate their programs so that, when viewed in their entirety, the programs are accessible to and useable by individuals with disabilities (28 C.F.R. Sec. 35.150). • May not refuse to allow a person with a disability to participate in a service, program or activity simply because the person has a disability (28 C.F.R. Sec. 35.130 (a). • Must make reasonable modifications in policies, practices and procedures that deny equal access to individuals with disabilities unless a fundamental alteration in the program would result (28 C.F.R. Sec. 35.130(b) (7). • May not provide services or benefits to individuals with disabilities through programs that are separate or different unless the separate or different measures are necessary to ensure that benefits and services are equally effective (28 C.F.R. Sec. 35.130(b)(iv) & (d). • Must take appropriate steps to ensure that communications with applicants, participants and members of the public with disabilities are as effective as communications with others (29 C.F.R. Sec. 35.160(a). • Must designate at least one responsible employee to coordinate ADA compliance [28 3 CFR Sec. 35.107(a)]. This person is often referred to as the "ADA Coordinator." The public entity must provide the ADA coordinator's name, office address, and telephone number to all interested individuals [28 CFR Sec. 35.107(a)]. • Must provide notice of ADA requirements. All public entities, regardless of size, must provide information about the rights and protections of Title II to applicants, participants, beneficiaries, employees, and other interested persons [28 CFR Sec. 35,106]. The notice must include the identification of the employee serving as the ADA coordinator and must provide this information on an ongoing basis [28 CFR Sec. 104.8(a)]. • Must establish a grievance procedure. Public entities must adopt and publish grievance procedures providing for prompt and equitable resolution of complaints [28 CFR Sec. 35.107(b)]. This requirement provides for a timely resolution of all problems or conflicts related to ADA compliance before they escalate to litigation and/or the federal complaint process. Self-Evaluation Overview Elk River is required, under Title II of the Americans with Disabilities Act (ADA) and 28CFR35.105, to perform a self-evaluation of its current transportation infrastructure, policies, practices, and programs. The self-evaluation will help identify what policies and practices impact accessibility within the Public Right of Way and examine how the City can implement improvements. The goal of the self-evaluation is to verify that, in implementing the Cities policies and practices, the department is providing accessibility and not adversely affecting the full participation of individuals with disabilities. The self-evaluation also examines the condition of the Cities Pedestrian Circulation Route/Pedestrian Access Route) (PCR/PAR) and identifies potential need for PCR/PAR infrastructure improvements. This will include the sidewalks, curb ramps, bicycle/pedestrian trails, traffic control signals and transit facilities. Any barriers to accessibility identified in the self-evaluation and the remedy to the identified barrier are set out in this transition plan. Summary In 2017, Elk River conducted an inventory of pedestrian facilities within its public right of ways consisting of the evaluation of the following facilities: • Sidewalks/trails • Curb ramps • Traffic control signals • Access to City facilities A detailed tabulation of the evaluation on these facilities is found in Appendix A and will be updated periodically as improvements are made and updated evaluations are completed. Implementation Strategy Previous Practices Since the adoption of the ADA, Elk River has strived to provide accessible pedestrian features as part of the Cities capital improvement projects. As additional information was made available as to the methods of providing accessible pedestrian features, the City updated their procedures to accommodate these methods. 4 Recently, more standardized design and construction practices have evolved. This has resulted in the ability for local agencies to receive additional exposure and training on accessible features. This has improved an agency’s ability to understand available options and to explore the feasibility of implementing accessibility improvements. This information also assisted in providing guidance for developing transition plans. Policy Elk River’s goal is to continue to provide accessible pedestrian design features as part of the Cities capital improvement projects. The City has established ADA design standards and procedures as listed in Appendix F. These standards and procedures will be revised periodically to reflect changing national, state and local recommended best management practices. The City will consider and respond to all accessibility improvement requests in a reasonable and responsible manner. All accessibility improvements that have been deemed reasonable will be scheduled for implementation in a manner consistent with city practices for establishing transportation priorities. The City will coordinate with external agencies to ensure that all new or altered pedestrian facilities within our jurisdiction are designed and constructed in accordance with the most current ADA design practices to the extent feasible. Maintenance of pedestrian facilities within the public right of way will continue to follow the policies set forth by the City. New Construction: • All new construction projects with pedestrian accommodations will be designed and constructed to conform with the most current ADA design practices to the extent feasible. Reconstruction areas: • All City reconstruction projects will be designed and constructed in accordance with the most current ADA design practices to the extent feasible. Rehabilitation/Resurfacing projects: • Accessible curb cuts and ramps will be added as needed to provide access to existing pedestrian facilities (i.e. walks/trails) at intersections where they do not currently exist. • Improvements to existing pedestrian ramps will be addressed on a case by case basis. High priority areas such as those in close proximity to specific land uses (i.e. schools, government offices, and medical facilities) will be given additional consideration. Improvements will be undertaken at the discretion of the City Engineer. Public Request projects: • Accessibility improvements requested by the public will be evaluated by City staff. A brief engineering study will be performed. Evaluation criteria will include pedestrian volumes, traffic volumes, condition of existing infrastructure, impacts to future projects, and public safety. Requests for accessibility improvements should be submitted to the Elk River ADA Coordinator. Contact information is located in Appendix E. 5 Stand Alone Projects: • If funding is available, independent ADA projects may be undertaken by the City. A brief engineering study will be performed. Candidate sites will be evaluated on facility condition, pedestrian volumes, public safety, public benefit and improvement costs as well as the ability to provide alternative barrier removal options. External Agency Coordination: Many other agencies are responsible for pedestrian facilities within the jurisdiction of Elk River. The City will cooperate with those agencies to assist in the facilitation of the elimination of accessibility barriers as necessary. Schedule Elk River has set the following schedule goals for improving the accessibility of its pedestrian facilities within the County’s jurisdiction: • After 5 years, items identified in the Capital Improvement Plan (CIP) would be ADA compliant to the extent feasible. • After 20 years, 80% of accessibility features within the jurisdiction of the City would be ADA compliant to the extent feasible. ADA Coordinator In accordance with 28 CFR 35.107(a), Elk River has identified an ADA Title II Coordinator to oversee the Cities policies and procedures. Contact information for this individual is located in Appendix E. Implementation Schedule Methodology Elk River will utilize two methods for upgrading pedestrian facilities. The first and most comprehensive of the two methods are the scheduled roadway reconstruction projects. Pedestrian facilities along reconstruction corridors will be upgraded to current recommended accessibility standards to the extent feasible. The second method is standalone sidewalk and accessibility improvement projects. These projects will be incorporated into the Capital Improvement Plan (CIP) on a case by case basis as a priority need is identified and as available funding allows. Stand Alone projects will be completed at the discretion of Elk River staff. A copy of the Elk River Capital Improvement plan is available on the city website. Public Outreach Elk River recognizes that public participation is an important component in the development of this document. Input from the community has been gathered and used to help define priority areas for improvements within the city. Public outreach for the creation of this document consisted of the following activities: • Newspaper Advertisement was placed in the Elk River Star News, October 28, 2017, advertising a public hearing to be held November 6, 2017 at 6:30 p.m. • A public hearing was held on November 6, 2017 on camera during the City Council meeting. • Numerous posters, handouts, and social media posts as well as draft copies of the city’s ADA transition plan were available for public review at city hall prior to the public hearing as well as at the public hearing. • No comments were received. 6 Grievance Procedure Requests for accessibility improvements can be submitted to the Elk River ADA Coordinator. Under the Americans with Disabilities Act, each agency is required to publish its responsibilities in regards to the ADA. A copy of this public notice is provided in Appendix D. If users of Elk River facilities and services believe the city has not provided reasonable accommodation, they have the right to file a grievance. In accordance with 28 CFR 35.107(b), the County has developed a grievance procedure for the purpose of the prompt and equitable resolution of citizens’ complaints, concerns, comments, and other grievances. This grievance procedure is outlined in Appendix H. Monitor the Progress This document will continue to be updated as conditions within the city evolve. This document and the appendices are subject to periodic updates. With each main body update, a public comment period will be established to continue the public outreach. Appendices A. Self-Evaluation Results B. Schedule/Budget Information C. Public Outreach Materials D. Public Notice E. Contact Information F. Agency ADA Design Standards and Procedures G. Glossary of Terms H. Grievance Procedure I. Grievance Form J. System Inventory Map 7 A. Self-Evaluation Results 8 9 10 11 12 13 14 15 16 B. Schedule/Budget Information Cost Information Construction costs for upgrading facilities can vary depending on each individual improvement and the conditions of each site. Costs can also vary on the type and size of project with which the improvements are associated. All costs shown below are in 2018 dollars and may be updated periodically Improvement Cost Replace 175 pedestrian non substantially compliant ramps (from field evaluation) @$5000/corner  $875,000  Traffic Signal Upgrades including APS on City owned Systems @$30,000/signal System. $180,000  Total $1,055,000   Based on the results of the self-evaluation, the estimate costs associated with providing ADA accessibility within the entire jurisdiction is $1,055,000 (in 2018 dollars). (Note: This value does not address replacement of existing non-compliant walks or trails. Trail or walk upgrades will be undertaken as part of any reconstruction project and the cost for this work will be included in as a project cost). This amount identified above represents a significant investment that Elk River is committed to making to improve accessibility as part of our Capital Improvement projects. 17 C. Public Outreach Materials 18 19 20 21 22 D. Public Notice 23 E. Contact Information ADA Title II Coordinator Suzanne Fischer Elk River Community Operations and Development Director/ADA Coordinator 13065 Orono Parkway Elk River, MN 55330 763.635.1000 sfischer@ElkRiverMN.gov Public Right of Ways ADA Implementation Coordinator Suzanne Fischer Elk River Community Operations and Development Director/ADA Coordinator 13065 Orono Parkway Elk River, MN 55330 763.635.1000 sfischer@ElkRiverMN.gov 24 F. Agency ADA Design Standards and Procedures Design Procedures Intersection Corners, Sidewalks/ Trails and Traffic Control Signals Elk River Works will attempt to construct or upgrade these elements to be consistent with Access Board recommended designs parameters or MnDOT requirements to the extent feasible within all capital reconstruction projects. There may be limitations which make it technically infeasible for the City to achieve these goals at an intersection corner within the scope of any project. Those limitations will be noted and those intersection corners will be constructed to maximize accessibly to the extent feasible within the project scope. As future projects or opportunities arise, additional improvements at these locations may be incorporated into future projects. The City will strive to ensure that each intersection corner, sidewalk, trail and traffic control systems are constructed to be an as accessible as possible. Other Transit Facilities Additional transit facilities are present within Elk River. Those facilities fall under the jurisdiction of a Transit Provider. Elk River will cooperate with the Transit Provider to ensure that those facilities meet all appropriate accessibility goals. Other policies, practices and programs Policies, practices and programs not identified in this document will follow the applicable ADA guidance. Design Standards Elk River will follow the PROWAG, as adopted by the Minnesota Department of Transportation (MnDOT), as its design guidance. 25 G. Glossary of Terms (Note: not all terms are used in this document) ABA: See Architectural Barriers Act. ADA: See Americans with Disabilities Act. ADA Transition Plan: A transportation system plan that identifies accessibility needs, the process to integrate accessibility improvements into the County Transportation Improvement plan (CIP) and ensures all transportation facilities, services, programs, and activities are accessible to all individuals. ADAAG: See Americans with Disabilities Act Accessibility Guidelines. Accessible: A facility that provides access to people with disabilities using the design requirements of the ADA. Accessible Pedestrian Signal (APS): A device that communicates information about the WALK phase in audible and vibrotactile formats. Alteration: A change to a facility in the public right-of-way that affects or could affect access, circulation, or use. An alteration must not decrease or have the effect of decreasing the accessibility of a facility or an accessible connection to an adjacent building or site. Americans with Disabilities Act (ADA): The Americans with Disabilities Act; Civil rights legislation passed in 1990 and effective July 1992. The ADA sets design guidelines for accessibility to public facilities, including sidewalks and trails, by individuals with disabilities. Americans with Disabilities Act Accessibility Guidelines (ADAAG): contains scoping and technical requirements for accessibility to buildings and public facilities by individuals with disabilities under the Americans with Disabilities Act (ADA) of 1990. APS: See Accessible Pedestrian Signal. Architectural Barriers Act (ABA): Federal law that requires facilities designed, built, altered or leased with Federal funds to be accessible. The Architectural Barriers Act marks one of the first efforts to ensure access to the built environment. Capital Improvement Program (CIP): The CIP for the Transportation Department includes an annual capital budget and a five-year plan for funding the new construction and reconstruction projects on the County’s transportation system. Detectable Warning: A surface feature of truncated domes, built in or applied to the walking surface to indicate an upcoming change from pedestrian to vehicular way. DOJ: See United States Department of Justice Federal Highway Administration (FHWA): A branch of the US Department of Transportation that administers the federal-aid Highway Program, providing financial assistance to states to construct and improve highways, urban and rural roads, and bridges. FHWA: See Federal Highway Administration Pedestrian Access Route (PAR): A continuous and unobstructed walkway within a pedestrian circulation path that provides accessibility. Pedestrian Circulation Route (PCR): A prepared exterior or interior way of passage provided for pedestrian travel. PROWAG: (Public Rights of Way Accessibility Guidelines) An acronym for the Guidelines for Accessible Public Rights-of-Way issued in 2005 by the U. S. Access Board. This guidance addresses roadway design practices, slope, and terrain related to pedestrian access to walkways and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, parking, and other components of public rights-of-way. Right of Way: A general term denoting land, property, or interest therein, usually in a strip, acquired for the network of streets, sidewalks, and trails creating public pedestrian access within a public entity’s jurisdictional limits. 26 Section 504: The section of the Rehabilitation Act that prohibits discrimination by any program or activity conducted by the federal government. Uniform Accessibility Standards (UFAS): Accessibility standards that all federal agencies are required to meet; includes scoping and technical specifications. United States Access Board: An independent federal agency that develops and maintains design criteria for buildings and other improvements, transit vehicles, telecommunications equipment, and electronic and information technology. It also enforces accessibility standards that cover federally funded facilities. United States Department of Justice (DOJ): The United States Department of Justice (often referred to as the Justice Department or DOJ), is the United States federal executive department responsible for the enforcement of the law and administration of justice. 27 H. Grievance Procedure Prior to filing a grievance the public is strongly encouraged to contact the ADA Coordinator to discuss any concerns regarding City facilities. The ADA Coordinator role is designed to provide a point of contact for the public to address concerns. Contact information for the ADA coordinator can be found in Appendix E of this document. Elk River Grievance Procedure under The Americans With Disabilities Act This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA"). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the Elk River Public Works. The Cities Personnel Policy governs employment-related complaints of disability discrimination. The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint will be made available for persons with disabilities upon request. The complaint should be submitted by the grievant and/or their designee as soon as possible but no later than 60 calendar days after the alleged violation to the ADA Coordinator. Contact information can be found in Appendix E of this document. Within 15 calendar days after receipt of the complaint, the ADA Coordinator or their designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the ADA Coordinator or their designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, or audio tape. The response will explain the position of the City and offer options for substantive resolution of the complaint. If the response by the ADA Coordinator or their designee does not satisfactorily resolve the issue, the complainant and/or their designee may appeal the decision within 30 calendar days after receipt of the response to the City Administrator or designee. Within 30 calendar days after receipt of the appeal, the City Administrator or their designee will meet with the complainant to discuss the complaint and possible resolutions. Within 30 calendar days after the meeting, the City Administrator or their designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. All written complaints received by the ADA Coordinator or their designee, appeals to the City Administrator or their designee, and responses from these two offices will be retained by the City in accordance with state and federal law. Elk River Grievance Procedure Those wishing to file a formal written grievance with Elk River may do so by one of the following methods: Email Email the ADA coordinator via the Contact Information provided in Appendix E, to obtain the electronic grievance form. 28 Telephone Contact the pertinent City staff person listed in the Contact Information section of Appendix E to submit an oral grievance. The staff person will prepare and submit the grievance form on behalf of the person filing the grievance. Paper Submittal Contact the pertinent City staff person listed in the Contact Information section of Appendix E to request a paper copy of the cities grievance form, complete the form, and submit it to the Responsible Party. A staff person will utilize the Internet method above to submit the grievance on behalf of the person filing the grievance. The ADA Grievance Form will ask for the following information: The name, address, telephone number, and email address for the person filing the grievance The name, address, telephone number, and email address for the person alleging an ADA violation (if different than the person filing the grievance) A description and location of the alleged violation and the nature of a remedy sought, if known by the complainant. If the complainant has filed the same complaint or grievance with the United States Department of Justice (DOJ), another federal or state civil rights agency, a court, or others, the name of the agency or court where the complainant filed it and the filing date. If the grievance filed does not concern an Elk River facility, the city will work with the complainant to contact the agency that has jurisdiction. Within 60 calendar days of receipt, a staff person will conduct an investigation necessary to determine the validity of the alleged violation. As a part of the investigation, the staff person may conduct an engineering study to help determine the cities response. The staff person will take advantage of department resources and use engineering judgment, data collected, and any information submitted by the resident to develop a conclusion. A staff person will be available to meet with the complainant to discuss the matter as a part of the investigation and resolution of the matter. The City will document each resolution of a filed grievance and retain such documentation in the department’s ADA Grievance in accordance with state and federal law. The City will consider all specific grievances within its particular context or setting. Furthermore, the City will consider many varying circumstances including: 1) the nature of the access to services, programs, or facilities at issue; 2) the specific nature of the disability; 3) the essential eligibility requirements for participation; 4) the health and safety of others: and 5) the degree to which an accommodation would constitute a fundamental alteration to the program, service, or facility, or cause an undue hardship to Sherburne County. Accordingly, the resolution by Sherburne County of any one grievance does not constitute a precedent upon which the City is bound or upon which other complaining parties may rely. File Maintenance The City shall maintain ADA grievance files in accordance with state and federal law. Complaints on Title II violations may also be filed with the DOJ within 180 days of the date of discrimination. In certain situations, cases may be referred to a mediation program sponsored by the Department of Justice (DOJ). The DOJ may bring a lawsuit where it has investigated a 29 matter and has been unable to resolve violations. For more information, contact: U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Disability Rights Section - NYAV Washington, D.C. 20530 www.ada.gov (800) 514-0301 (voice – toll free) (800) 514-0383 (TTY) Title II may also be enforced through private lawsuits in Federal court. It is not necessary to file a complaint with the DOJ or any other Federal agency, or to receive a "right-to-sue" letter, before going to court. 30 I. Grievance Form Elk River Title II of the Americans with Disabilities Act Section 504 of the Rehabilitation Act of 1973 Discrimination Complaint Form Instructions: Please fill out this form completely, in black ink or type. Sign and return to the ADA coordinator whose contact information is found in Appendix E. Complainant Name: Address: City, State and Zip Code: Telephone (Home): Telephone (Business): Person Discriminated Against: (if other than the complainant) Address: City, State, and Zip Code: Telephone (Home/Business or Both): Government, or organization, or institution which you believe has discriminated: Name: Address: County: City: State and Zip Code: Telephone Number: When was the issue discovered/when did the problem occur? (Date): Describe the issue in detail, providing the name(s) where possible of the individuals who have been contacted. (Add additional pages if necessary): Have prior efforts been made to resolve this complaint through the Elk River grievance procedure? Yes______ No______ If Yes: what is the status of the grievance? Has the complaint been filed with another bureau of the Department of Justice or any other Federal, State, or local civil rights agency or court? Yes______ No______ If Yes: Agency or Court: Contact Person: Address: City, State, and Zip Code: Telephone Number: Date Filed: Do you intend to file with another agency or court? Yes______ No______ 31 If Yes: Agency or Court: Address: Telephone Number: Signature: _________________________________________ Date: ________________________________ Return to: Suzanne Fischer Elk River Community Operations and Development Director/ADA Coordinator 13065 Orono Parkway Elk River, MN 55330 sfischer@ElkRiverMN.gov NOTICE OF RIGHTS In accordance with the Minnesota Government Data Practices Act, Elk River is required to inform you of your rights as they pertain to the private information collected from you. Your personal information we collect from you is private. Access to this information is available only to you and the agency collecting the information and other statutorily authorized agencies, unless you or a court authorizes its release. The Minnesota Government Data Practices Act requires that you be informed that the following information, which you are asked to provide, is considered private. The purpose and intended use of the requested information is: To assist city staff and designees to evaluate and respond to accessibility concerns within the public right of way. Authorized persons or agencies with whom this information may be shared include: Elk River officials, staff or designee Furnishing the above information is voluntary, but refusal to supply the requested information will mean: City staff may be unable to respond to or evaluate your request. MINN. STAT. §13.04(2) 32 J.– System Map