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HomeMy WebLinkAboutADA PlanCity of Prior Lake ADA Transition Plan April 2018 ADA Transition Plan TABLE OF CONTENTS INTRODUCTION ............................................................................................................................................. 1 Transition Plan Need and Purpose ............................................................................................................ 1 ADA and its Relationship to Other Laws ................................................................................................... 1 Agency Requirements ............................................................................................................................... 2 SELF-EVALUATION CONDITION ASSESSMENT............................................................................................... 3 Overview ................................................................................................................................................... 3 Summary ................................................................................................................................................... 3 POLICIES AND PRACTICES.............................................................................................................................. 4 Previous Practices ..................................................................................................................................... 4 Policy ......................................................................................................................................................... 4 ADA COORDINATOR ...................................................................................................................................... 4 IMPROVEMENT SCHEDULE ........................................................................................................................... 5 Priority Areas ............................................................................................................................................ 5 External Agency Coordination .................................................................................................................. 5 Schedule .................................................................................................................................................... 5 IMPLEMENTATION SCHEDULE ...................................................................................................................... 6 Methodology ............................................................................................................................................. 6 PUBLIC OUTREACH ........................................................................................................................................ 6 GRIEVANCE PROCEDURE ............................................................................................................................... 6 MONITOR THE PROGRESS ............................................................................................................................. 7 APPENDICES A. Glossary of Terms B. Self-Evaluation Results C. Agency ADA Design Standards and Procedures D. ADA Coordinator E. Public Outreach Materials F. ADA Public Notice G. Grievance Procedure H. Complaint Form 1 ADA 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. ADA consists of five titles outlining protections in the following areas: I. Employment II. State and local government services III. Public accommodations IV. Telecommunications V. 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, the City of Prior Lake must comply with this section of the Act as it specifically applies to public service agencies. Title II of ADA provides that, “…no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” (42 USC. Sec. 12132; 28 CFR. Sec. 35.130) As required by Title II of ADA, 28 CFR. Part 35 Sec. 35.105 and Sec. 35.150, the City of Prior lake 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. A glossary of terms is included in Appendix A. This Transition Plan 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. ADA and its Relationship to Other Laws Title II of ADA is companion legislation to two previous federal statutes and regulations: the Architectural Barriers Acts of 1968 and Section 504 of the Rehabilitation Act of 1973. The Architectural Barriers Act of 1968 is a 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. 2 ADA Transition Plan Section 504 of the Rehabilitation Act of 1973 is a Federal law that protects qualified individuals from discrimination based on their disability. The nondiscrimination requirements of the law apply to employers and organizations that receive financial assistance from any Federal department or agency. Title II of ADA extended this coverage to all state and local government entities, regardless of whether they receive federal funding or not. Agency Requirements Under Title II, the City of Prior Lake 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 CFR 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 CFR 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 CFR 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 CFR 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 (28 CFR Sec. 35.160(a). • Must designate at least one responsible employee to coordinate ADA compliance [28 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]. • 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. 3 ADA Transition Plan SELF-EVALUATION CONDITION ASSESSMENT Overview The City of Prior Lake is required, under Title II of the Americans with Disabilities Act (ADA) and 28 CFR 35.105, to perform a self-evaluation of its current transportation infrastructure policies, practices, and programs. This self-evaluation will identify what policies and practices impact accessibility and examine how the City implements these policies. The goal of the self-evaluation is to verify that, in implementing the City’s 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 City’s Pedestrian Circulation Route/Pedestrian Access Route) (PCR/PAR) and identifies potential need for PCR/PAR infrastructure improvements. This includes consideration of the sidewalks, bicycle/pedestrian trails, curb ramps, traffic control signals, and transit facilities that are located within the City rights of way. 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 the summer/fall of 2017, the City of Prior Lake conducted an inventory of pedestrian ramps within its public right of way. A total of 904 pedestrian ramps were inventoried. The inventory work included full field assessment of 238 pedestrian ramps and an office inventory via aerial photography review of 666 pedestrian ramps. The 238 pedestrian ramps which had a full field assessment were categorized into three condition rating tiers: 1. Tier 1: largely or fully compliant = 66 2. Tier 2: substantially compliant and working well = 141 3. Tier 3: several elements are not compliant = 31 The 904 pedestrian ramps which were inventoried via office aerial were quantified but not assigned a condition rating due to limitations of aerial images vs full field inspection. Maps showing the locations of pedestrian ramps can be found on the City’s website http://www.cityofpriorlake.com/public-works.php, in Appendix B, and will be updated periodically. 4 ADA Transition Plan POLICIES AND PRACTICES Previous Practices Since the adoption of the ADA, the City of Prior Lake has striven to provide accessible pedestrian features as part of the City capital improvement projects. As additional information was made available as to the methods of providing accessible pedestrian features, the City has updated their procedures to accommodate these methods. Recently, more standardized design and construction methods have evolved. This has resulted in the ability of 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 assists in providing guidance for developing transition plans. Policy The City of Prior Lake will inspect, inventory and plan for any required improvements to facilities located in the public right-of-way, to ensure compliance with the ADA. The City’s goal is to continue to provide accessible pedestrian design features as part of the City capital improvement projects. The City has established ADA design standards and procedures as detailed in Appendix C. These standards and procedures will be kept up to date with nationwide and local best management practices. The City of Prior Lake will consider and respond to all accessibility improvement requests. Requests should be sent to the ADA Coordinator as specified in Appendix D. All accessibility improvements that have been deemed reasonable will be scheduled consistent with transportation priorities. The City will coordinate with external agencies as necessary to ensure that all new or altered pedestrian facilities within the City jurisdiction are ADA compliant to the maximum extent feasible. Maintenance of pedestrian facilities within the public right of way will continue to follow the policies set forth by the City. ADA COORDINATOR In accordance with 28 CFR 35.107(a), the City of Prior Lake has identified an ADA Title II Coordinator to oversee the City policies and procedures. It is the responsibility of the ADA Coordinator to implement this policy. Contact information for this individual is located in Appendix D. 5 ADA Transition Plan IMPROVEMENT SCHEDULE Priority Areas The City of Prior Lake is committed to making investments to improve accessibility in the City. A systematic approach to providing accessibility will be taken in order to absorb the cost into City of Prior Lake’s budget for improvements to the public right of way. The City of Prior Lake reviews its priorities for street improvement plans which include pedestrian facilities on an annual basis. Specific ADA accessibility improvements will be considered in context of the long- range street improvement plans, the condition of pedestrian facilities and their proximity to specific higher pedestrian land uses such as schools, government offices and medical facilities, as well as from the receipt of public comments. Additional priority will be given to any location where an improvement project or alteration was constructed after January 26, 1991, and accessibility features were omitted. External Agency Coordination Many other agencies are responsible for pedestrian facilities within the jurisdiction of the City of Prior Lake, including Scott County and MnDOT. The City will coordinate with those agencies to track and assist in the facilitation of the elimination of accessibility barriers along their routes and/or associated with their services. Schedule The City of Prior Lake has set the following schedule goals for improving the accessibility of its pedestrian facilities within the City jurisdiction: • Facilities with condition ratings in Tier 2. These facilities are considered serviceable and are not in need of immediate action. Improvements for these facilities will be addressed in conjunction with adjacent capital improvement street construction projects. Staff will use the CIP and long-range street improvement plans to coordinate these improvements. • Facilities with condition ratings in Tier 3. Any of these facilities identified as an existing hazard or compliance issue that staff believes needs to be addressed by a set date shall have a work order initiated or be incorporated into a project in the CIP. • After 20 years, a minimum of 80% of accessibility features within the jurisdiction of the City of Prior Lake will be ADA compliant. The remaining 20% would include the Tier 2 locations that have not had an adjacent road project within the 20-year period. 6 ADA Transition Plan IMPLEMENTATION SCHEDULE Methodology The City of Prior Lake will utilize two methods for upgrading pedestrian facilities to the current ADA standards. The first and most comprehensive of the two methods are the scheduled street and utility improvement projects. All pedestrian facilities impacted by these projects will be upgraded to current ADA accessibility standards. The second method includes standalone sidewalk and ADA accessibility improvement projects. These projects will be incorporated into the CIP on a case by case basis as determined by the City of Prior Lake staff, or may be completed by internal City forces. PUBLIC OUTREACH The City of Prior Lake recognizes that public participation is an important component in the development of this plan. The materials from the City Council Meeting presentation are included in Appendix F. No comments were received from the public regarding the plan. Public outreach for the creation of this document consisted of the following activity: • City Council Meeting held on April 2, 2018. • The City’s ADA Title II Coordinator will continue to be available for questions or discussion. GRIEVANCE PROCEDURE Under the Americans with Disabilities Act, each agency is required to publish its responsibilities in regard to the ADA. A draft of this public notice is provided in Appendix F. If users of the City of Prior Lake 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 City 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 G, with a Complaint Form in Appendix H. 7 ADA Transition Plan MONITOR THE PROGRESS This document, including the Appendices, will be updated as conditions within the City evolve. With each main body update, a public comment period will be established to provide opportunity for public participation. 8 ADA Transition Plan APPENDICES A. Glossary of Terms B. Self-Evaluation C. Agency ADA Design Standards and Procedures D. ADA Coordinator E. Public Outreach Materials F. ADA Public Notice G. Grievance Procedure H. Complaint Form ADA Transition Plan Appendix A – Glossary of Terms ABA: See Architectural Barriers Act. ADA: See Americans with Disabilities Act. ADA Transition Plan: The City of Prior Lake’s transportation system plan that identifies accessibility needs, the process to fully integrate accessibility improvements into the City CIP and long-range street improvement plan, 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 vibro-tactile 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 includes an annual capital budget and a five-year plan for funding the new construction and reconstruction projects on the City or County’s transportation system. ADA Transition Plan Condition Rating for pedestrian curb ramps 1. Tier 1: largely or fully compliant. 2. Tier 2: substantially compliant and working well. 3. Tier 3: several elements are not compliant. 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: 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. 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 ADA Transition Plan 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. ADA Transition Plan Appendix B – Self-Evaluation Maps of pedestrian ramps inventoried can be found at the City’s webpage: http://www.cityofpriorlake.com/public-works.php • A total of 904 pedestrian ramps were inventoried. • Full field assessment of 238 pedestrian ramps. • Office inventory via aerial photography review of 666 pedestrian ramps. The 238 Pedestrian ramps which had a full field assessment were categorized into three condition rating tiers: Tier 1: largely or fully compliant = 66 Tier 2: substantially compliant and working well = 141 Tier 3: several elements are not compliant = 31 Pedestrian Ramps which were inventoried via office aerial images were quantified but not assigned a condition rating due to limitations of aerial images vs full field inspection. 66 141 31 Tier 1 Tier 2 Tier 3 !( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !(!(!(!(!(!(!(!( !(!( !(!( !(!( !( !( !( !(!(!(!(!(!( !( !(!(!(!(!(!( !( !(!( !(!(!(!(!(!( !( !(!( !(!( !( !( !(!(!(!( !( !(!(!( !(!(!( !(!(!( !(!(!(!(!(!(!(!(!(!(!( !( !( !(!(!(!( !( !( !(!( !(!(!(!(!(!( !(!( !(!(!(!(!(!(!(!(!(!(!(!(!(!( !( !(!( !( !(!(!(!( !(!( !(!( !(!(!( !(!( !(!(!(!( !(!( !(!(!( !(!( !( !(!( !(!(!(!(!(!(!(!(!(!(!(!( !(!(!(!( !(!( !(!(!(!( !(!( !(!(!(!( !(!(!(!( !(!( !(!( !(!(!( !(!( !(!(!(!( !(!( !(!( !(!( !( !(!( !(!(!( !(!(!(!(!(!( !(!(!(!(!(!(!(!(!(!(!(!( !(!( !( !( 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2018 City of Prior LakeADA Transition Plan Figure 1: North Curb RampsAssessment Locations Source: City of Prior Lake, MnDOT, ESRI Legend Tier Ratings !(Tier 1- Good (16) !(Tier 2- Acceptable (29) !(Tier 3- Poor (7) !(Unverified (310) City R.O.W CityLimits Matchline Service Layer Credits: Sources: Esri, HERE, DeLorme, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL,Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, © OpenStreetMap contributors, and the GIS User Community MATCHLINE !(!(!( !(!(!(!(!(!( !(!(!(!( !(!( !(!( !(!(!(!( !(!(!( !(!(!( !( !( !(!(!(!(!( !(!( !(!( !(!( !(!( !(!( !( !(!( !(!( !(!(!( !( !(!(!(!( !(!( !(!(!( !( !(!(!(!(!(!(!( !( !(!(!(!(!(!(!(!( !(!(!(!( !(!(!(!(!( !( !( !(!(!( !( !( !( !(!(!(!( !(!(!(!( !(!( !(!( !(!( !(!( !(!( !(!( !(!( !(!(!(!( !(!( !( !(!( !( !(!( !( !(!( !(!(!( !(!(!( !( !(!(!(!(!(!( !(!(!(!( !(!(!(!( !(!(!( !(!( !(!( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!( !(!( !(!( !(!( !(!(!(!( !(!( 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Parkview Dr Green Heights T r Griggs S t D u b l i n D r A r c t i c C i r Ta h i n k a P l Lilac La Kent St B r e e z y P o i n t R d Cr e e k s i d e C i r Ha w k R i d g e R d N W Cr e d i t R i v e r R d S E Eva n s t o n A v e Westwood Dr SE Bi r c h A v e Marsh St Lost Horizon CirWood Duck Tr App a l o o s a L a Wil d e r n e s s R d Lime R d Ida Cir SW Br u n s w i c k A v e O'Brien Ct SW Maple Dr Ma p l e L a Oak Ridge CirQuaker Tr Fa i r l a w n A v e Wood Duck Dr Linden Cir Frost Point Cir Sim p k i n s A v e Sa g e W a y Fairview C i r Flint R d M a p l e w o o d S t Wo o d l a n d C i r Prior Cir Fo r e s t C i r M a r s h f i e l d L a S E Sh o r e l i n e L a Bre n t w o o d P a s s But t e r n u t C i r Gl y n w a t e r T r l Glory C i r Be r e n s C t Dr a k e A v e Blac k O a k R d Centennial St Bass St Adri a n C i r 150th St 0 0.50.25 Miles Mar, 2018 City of Prior LakeADA Transition Plan Figure 2: South Curb RampsAssessment Locations Source: City of Prior Lake, MnDOT, ESRI Legend Tier Ratings !(Tier 1- Good (50) !(Tier 2- Acceptable (112) !(Tier 3- Poor (24) !(Unverified (356) City R.O.W CityLimits Matchline Service Layer Credits: Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL,Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, © OpenStreetMap contributors, and the GIS User Community MATCHLINE ADA Transition Plan Appendix C – Agency ADA Design Standards and Procedures Design Procedures Intersection Corners The City of Prior Lake intends to construct or upgrade curb ramps to achieve compliance as part of its capital improvement projects. There may be limitations which make it technically infeasible for an intersection corner to achieve full accessibility within the scope of any project. Those limitations will be noted and those intersection corners will remain on the transition plan. As future projects or opportunities arise, those intersection corners shall continue to be incorporated into future work. Regardless of whether full compliance can be achieved or not, each intersection corner shall be made as compliant as possible in accordance with the judgment of City staff. Sidewalks / Trails The City of Prior lake will evaluate and attempt to construct or upgrade sidewalks and trails to achieve compliance as part of capital improvement projects. There may be limitations which make it technically infeasible for segments of sidewalks or trails to achieve full accessibility within the scope of any project. Those limitations will be noted and those segments will remain on the transition plan. As future projects or opportunities arise, those segments shall continue to be incorporated into future work. Regardless of whether full compliance can be achieved or not, every sidewalk or trail shall be made as compliant as possible in accordance with the judgment of City staff. Bus Stops City staff will work with the Minnesota Valley Transit Authority, MVTA, as appropriate to ensure that new or rehabilitated bus stops are ADA compliant to the extent practical and feasible. Transit Facilities Transit facilities are present within the limits of the City of Prior Lake. Those facilities fall under the jurisdiction of the Minnesota Valley Transit Authority. The City of Prior Lake will work with the MVTA to ensure that those facilities meet all appropriate accessibility standards. Other policies, practices and programs Policies, practices and programs not identified in this document will follow the applicable ADA standards. ADA Transition Plan Design Standards The City of Prior Lake generally follows the guidelines identified in PROWAG when practical and feasible. ADA Transition Plan Appendix D – Contact Information Public Right of Ways ADA Title II Coordinator & Implementation Coordinator Name: Jason Wedel, PE Or current Public Works Director/City Engineer Address: 17073 Adelmann St. SE Prior Lake, MN 55372 Phone: 952.447.9832 Fax: 952.440.9678 E-mail: jwedel@cityofpriorlake.com ADA Transition Plan Appendix E – Public Outreach Material The following pages include presentation materials from the April 2, 2018 City Council meeting. What is an ADA Transition Plan? Requirements Prior Lake ADA Criteria Prior Lake ADA Goals Prior Lake Self Evaluation Prior Lake Self Evaluation Prior Lake Curb Ramp Field Assesment Summary 66 141 31 Tier 1 Tier 2 Tier 3 Curb Ramp Locations (1 of 2) Curb Ramp Locations (2 of 2) ADA Transition Plan Appendix F – Public Notice As part of the ADA requirements the City has posted the following notice outlining its ADA requirements: Public Notice In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, The City of Prior Lake will not discriminate against qualified individuals with disabilities on the basis of disability in City services, programs, or activities. Employment: The City does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the Americans with Disabilities Act (ADA). Effective Communication: The City will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City’s programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments. Modifications to Policies and Procedures: The City will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all City programs, services, and activities. For example, individuals with service animals are welcomed in City offices, even where pets are generally prohibited. Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a City program, service, or activity, should contact the office of the ADA Coordinator (see Appendix D) as soon as possible but no later than 48 hours before the scheduled event. The ADA does not require the City to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. The City will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs. ADA Transition Plan Appendix G – 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. It is anticipated most accessibility issues, once identified, will be able to be satisfactorily addressed by the ADA Coordinator. Contact information for the ADA coordinator can be found in Appendix D of this document. City of Prior Lake - Public Works 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 City of Prior Lake Public Works. The City’s 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 D of this document. Within fifteen working 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 fifteen working 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 Manager or his/her designee. Within thirty calendar days after receipt of the appeal, the City Manager or his/her designee will meet with the complainant to discuss the complaint and possible resolutions. Within thirty ADA Transition Plan calendar days after the meeting, the City Manager or his/her 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 Manager or his/her designee, and responses from these two offices will be retained by the City in accordance with state and federal law. City of Prior Lake – Public Works Grievance Procedure Those wishing to file a formal written grievance with the City of Prior Lake may do so by one of the following methods: • Internet Visit the City of Prior Lake ADA website at http://www.cityofpriorlake.com/public- works.php and click the link to the ADA Complaint Form. A copy of The ADA Complaint Form is included with this document in Appendix I. • Telephone Contact the ADA Coordinator as specified in Appendix D to submit an oral grievance. The ADA Coordinator will prepare and submit the complaint form on behalf of the person filing the grievance. • Paper Submittal Contact the ADA Coordinator as specified in Appendix D to request a paper copy of the complaint form, complete the form, and submit it to the ADA Coordinator. The ADA Complaint 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. ADA Transition Plan If the grievance filed does not concern a City of Prior Lake facility, the City will work with the complainant to contact the agency that has jurisdiction. A City of Prior Lake 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 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 complaint and retain documentation in the department’s ADA Complaint file 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 the City of Prior Lake. Accordingly, the resolution by the City of Prior Lake 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 complaint 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 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) ADA Transition Plan 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. ADA Transition Plan Appendix H – Complaint Form See the following four pages for complaint form. ADA Transition Plan City of Prior Lake - Public Works Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 Discrimination Complaint Form The public is strongly encouraged to contact the ADA Coordinator to discuss any concerns regarding City facilities prior to starting the grievance process. It is anticipated most accessibility issues, once identified, will be satisfactorily resolved by the ADA Coordinator without the need for completion of the formal complaint form. Instructions: Please fill out this form completely, in black ink or type. Sign and return to the ADA Coordinator as specified in Appendix D. Attach additional sheets if necessary. Complainant Name: Street Address: City, State and Zip Code: Telephone (Home): Telephone (Business): Person Discriminated Against (if other than the complainant): Street Address: City, State, and Zip Code: Telephone (Home): Telephone (Business): ADA Transition Plan Government, or organization, or institution which you believe has discriminated: Name: Street Address: City: County: 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 grievance procedure? Yes ☐ No ☐ If Yes: what is the status of the grievance? ADA Transition Plan 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: Street Address: City, State, and Zip Code: Telephone Number: Date Filed: Do you intend to file with another agency or court? Yes ☐ No ☐ If Yes: Agency or Court: Address: Telephone Number: Signature: ------------------------------------------------------------------------------------------------------- Date: -------------------------------------------------------------------------------------------------------------- Return to: ADA Coordinator as specified in Appendix D. ADA Transition Plan NOTICE OF RIGHTS In accordance with the Minnesota Government Data Practices Act, the City of Prior Lake 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 of Prior Lake 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: City of Prior Lake officials, staff or designee(s) Furnishing the above information is voluntary, but refusal to supply the requested information will mean: City of Prior Lake staff may be unable to respond to or evaluate your request. MINN. STAT. §13.04(2)