HomeMy WebLinkAbout2010-06-09 PACKET
City of Cottage Grove
Human Services/Human Rights Commission
June 9, 2010
7:00 PM Regular Meeting
Admin Conference Room
Cottage Grove City Hall
Agenda
1. Call to Order
2. Approval of the May 12, 2010 Minutes
3. New Commission Member Applications
Connie L. Seaburg
Decision on the 3 interviewed applicants
4. Essay and Poster Contest Update
5. Strategic Plan Update / Census Article
6. Diversity Highlight of the Month
7. City Update
8. Miscellaneous Items
Project 515 Education Campaign
Accessibility Task Force
Next meeting:
July 14, 2010
City of Cottage Grove
Human Services /Rights Commission
Meeting Minutes
Wednesday, May 12, 2010
Members Present: Francisco Gonzalez
Tanweer (TJ) Janjua, Chair
Laurie Steiger
Mia Naseth- Phillips
Doug Amos
Members Absent: Sofia Vitale -Gill
Council Liaison: Jen Peterson
Staff Liaison: Ken Smith
Others Present: Rick Johnson
1. Call to Order
At 7:06 PM the meeting was called to order by TJ.
2. Welcome new Commission Member Douglas Amos
Everyone introduced themselves and welcomed Doug to the Commission. He has been in
education for 25 years, in the business world for many years, and has a PHD in Educational
Technology. Rich Johnson also introduced himself and said he worked for the State Workers'
Comp Board fraud unit. He is into carpentry, bass tournaments and is a union steward.
3. Approval of Minutes from April 13, 2010.
Laurie Steiger made a motion to approve the April 13, 2010 minutes. Mia Naseth- Phillips
seconded the motion.
4. Vice -Chair Nominee
With the departure of Sue the Commission needed to pick a new Vice - Chair. TJ asked if anyone
was interested in the position. Laurie stated that she would be interested in becoming Vice -
Chaix. Francisco stated he would be interested in the post as well. Laure agreed to give the
position to Francisco. Laurie made a motion to have Francisco become Vice Chair; it was
seconded by Mia all were in favor. TJ welcomed Francisco to his new post.
5. New Commission Members Applications
With several open seats and the departure of Sue and Sophie in June the Commission is looking
for 2 regular seats and 2 student seats. Ken showed the Commission the applicants he's received
to date. The Commission narrowed it down to Linda Lundstrom, Michael Zwakman, Rick
Johnson. He would forward any additional applicants to the Commission as they canine in.
6. Essay and Poster Contest
Ken updated the Commission on the Essay and Poster contest. He showed the committee the
essays and posters received to date. The Commission decided to extend the contest to June 9th
to allow greater participation. Ken stated he would advertise the new date on the City's Facebook
page.
7. 2010 Census
TJ announced that Cottage Grove had one of the highest census compliance rates in the State at
between 86 and 89 %. He asked if anyone in the group wanted to write an article for the Bulletin
thanking the residents of Cottage Grove for their compliance and reminding them of the
importance of their actions. Francisco volunteered to write the article.
8. Strategic Plan
TJ described the process used by the Commission to do the 2009 strategic plan. They used a
professional facilitator and it was a daylong session. The Commission reviewed the 2009 plan
and mernbers made suggestions. Doug Amos suggested adding sexual orientation, Jen Peterson
wanted something on disabled persons, and Laurie wanted language from the MN Statutes
added. Francisco said he would write the 2010 plan and send it out for comments and editing.
9. Local Human Rights Commission Project Grant
The Minnesota Human Rights Commission has a grant deadline for the Local Human Rights
Commissions Project, the grant is up to $1,500 to develop a local commission's capacity
building project or implement a civic engagement project and the deadline is June 2010. It was
agreed that Mia would apply for the grant on behalf of the Commission. The goal is to use the
grant to send Commission members to the Human Rights Day event in December 2010. Doug
Amos asked how money was funneled to the Commission. He was told through donations. The
group talked about the Clotheslines Project, citizen involvement, a census celebration and the
Kia Yang book.
10. Diversity Highlight of the Month
Chico de Mayo was mentioned as a diversity event. Mia said she attended the event in St. Paul
and said it was nice. Francisco described the historical significance of the day. It was discussed
whether or not the Commission should have their own Facebook page. Ken said it was fine but
could not be called a Cottage Grove City site and it was important to monitor. It was agreed to
put more content on the Commission's page on the City's web site.
11. City Update
Council Member Jen Peterson gave an update of City happenings stating that there would be a
new locker room and observation deck at the Ice Arena for East Ridge Hockey team. May 16 —
22 is National Public Works week and May 15` is National Peace Officer Memorial Day. It was
stated the City does a good job at getting fire fighter grants for cameras. 3M is excavating
contaminated soil in Cottage Grove. The City is interested in becoming a green step city, and
Jennifer Levitt, the City Engineer will visit with the Commission at the next meeting to talk
about ADA issues. Laurie stated she had a person from the Dept of Human Rights who would
be interested in speaking to the group.
2
12. Miscellaneous
A motion was made by Laurie to not use the $87.67 in the Commission's account for member
dues in the League of MN Human Rights Commission. TJ encouraged everyone to go the
Human Rights Forum.
13. Adjournment
A motion was made at 8:15 p.m. by Laurie to adjourn the meeting and seconded by Mia.
Respectfully submitted by;
Kenneth L. Smith ,Community Services and Communications Coordinator
A`Gr.29, 2010 1:45PM Resources for Child Caring CLAP No. 1888 P. 2 04
City of
Cotta Grove Application for Appointment To Citizen
Minnesota Advisory CommissionCi�
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Cottage Grove, MN 55016
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Human Services /Human Rights Public Safety, Health & Welfare
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City of
Cotta Grove
Minnesota
Application for Appointment To
Advisory Commission
Return to:
City Clerk's Office
7516 — 80th St. S
Cottage Grove, MN 55016
or fax to (651) 458 -2897
Citizen
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Historic Preservation Planning
Human Services /Human Rights Public Safety, Health & Welfare
Parks, Recreation & Natural Resources Public Works
Cable Telecommunications Other:
Do you have any special qualifications that you feel would help you be particularly effective on a
commission (i.e. work experience, volunteer experience, education, hobbies, etc.)?
List two or three goals that you would like to see accomplished during your term on a commission.
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CITY CLERK CARON STRANSKY WITH ANY QUESTIONS AT (651) 458 -2814.
G:ty o
Cott a ge Grove
Minnesota
Application for Appointment To Citizen
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Return to:.
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7516 - 80th St. S
Cottage Grove, MN 55016
or fax to (651) 458 -2897
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Historic Preservation j Planning
Human Services /Human Rights 2 Public Safety, Health & Welfare
Parks, Recreation & Natural Resources Public Works
j Cable Telecommunications Other:
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The City strives to have a variety of people serving on its advisory commissions. The following
information is optional, but would be helpful to us in achieving our goal Of balance.
Sex 6r? Age =5,3 Racial /Ethnic Group `,'4� ,' Years as Resident y �
THIS APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR AFTER DATE OF SUBMITTAL. PLEASE CONTACT
CITY CLERK CARON STRANSKY WITH ANY QUESTIONS AT (651) 458 -2814.
Cot Grove
Minnesota
Application for Appointment To Citizen
Advisory Commission
Return to
City Clerk's Office
7516 — 80th St. S
Cottage Grove, MN 55016
or fax to (651) 458-2897
Name
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Date
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Address
Day Phone
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Evening Phone
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do not wish to serve):
F Preservation Planning
Human Services/Human Rights Public Safety, Health & Welfare
Parks, Recreation & Natural Resources Public Works
Cable Telecommunications I Other:
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City of
rntf�:lae Grove
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7516 80th Street South I Cottage Grove, Minnesota 55016-3195 651-458-2800 Fax 651-458-2897
www. cottage-grove.org TDD 651-458-2880
(Revised Strategic Plan
05/19/2010)
THE COTTAGE GROVE
HUMAN RIGHTS / HUMAN SERVICES COMMISSION
STRATEGIC PLAN
VISION
Our community will be a welcoming place of equality and respect for
all, empowering people to enjoy fulfilling and productive lives.
MISSION
The Commission will facilitate communication between community
members and the City Council and raise awareness of human services
and human rights through such activities as:
Promoting equal opportunities in education, employment, access to public
accommodations and public services, access to credit, and the acquisition use and
disposition of real property.
Providing education and training to all community members and stakeholders
regarding the promotion of human rights and access to human services for all the
residents of Cottage Grove without distinctions based on race, color, creed,
religion, national origin, sex, marital status, disability, sexual orientation,
and status with regard to public assistance.
Assisting all community members in securing information and referrals on
government agencies, not- for - profit organizations and other resources providing
assistance on matters of human rights enforcement and human services.
Encouraging all citizens to become better informed concerning the promotion and
respect for human rights in order to eliminate misconceptions and stereotypes.
Networking with other human rights commissions, government agencies and
community service organizations in order to coordinate activities and promote
collaboration.
® Documenting and reporting to the City Council concerns and recommendations
from community members on matters related to human rights and human services.
Facilitating and promotion meaningful interaction between individuals
representing the diversity of race, color, creed, religion, national origin, sex,
marital status, disability, sexual orientation, and status with regard to public
assistance found amongst the residents of Cottage Grove in order to foster mutual
understanding amongst all members of our community.
Link to the Mid Dept. of Human Right's page with references /citations to MN laws
against discrimination
httl) : / /www.humanriLhts,state.mii.us /fights /mlira.html
(The following initiatives were discussed as ways to accomplish the Mission)
Strategic Initiatives
A. Provide education and training on human rights issues:
1. Comprise a speaker's forum and calendar....
2. Prepare and locate resources...
3. Assist in Cultural Diversity training...
4. Enhance media outreach...
5. Coordinate mutual awareness...
6. Assist with Heritage Appreciation...
B. Provide assistance and leadership on City requested projects
1. Provide advice and counsel...
2. Propose ordinance suggestions...
3. Meet with providers...
4. Ensure that City personnel policies...
We can add:
-- developing and /or updating a CG HR/HS commission's webpage
[Ken, I wasn't sure of the length of this article ... I can make it longer if needed... ]
Cottage Grove's Census participation: Standing TO and Counting!
The Cottage Grove Hunan Rights /Human Services Commission congratulates our
community's residents for their overwhelming participation in the 2010 census.
Currently, Cottage Grove ranks __ in the State in census return rates. As of today, the
city had a return rate of (g91 percent.
It is important that everyone make their voices heard by mailing in their census form and
we applaud all of our residents who have already participated in the census. This
information is vital for such important functions as determining the needs of our city and
allocating investment in services for our community.
Stand up, be counted, and thank you for helping to build a stronger Cottage Grove!
THE LE AGUE OF MINNESOTA HUMAN RIGHTS COMMISSIONS
�n, bFS f100 Lakeview Avenue North, Robbinsdale, MN 55422 Telephone (763) 535 -1051
b
��O r
TO: ALL MEMBER COMMISSIONS OF THE LEAGUE OF
B oard of D1raGOts
Sam Abdullai,Shoreview
Ada Alden, Vice President, Plymouth
Carol Bannister, Lake Elmo
Beth Barrows, New Ulm
Cameron Cegelske, St. Paul
Larry Clark, Honcrary,Red Wing
Jocelyn Cook, Anoka
Judy Darks, Northfield
Anne Dykstra, President, Golden Vly
Dave Gallus, Mille Lacs
Georgette Gray, Robbinsdale
JaPaul Hams, St Paul
Marion Hatand, Secretary, Golden Viy
Louisa Heat, Minneapolis
Bob J.ir3a'i, i.rgus Fees
Ellen Kehr, Albert Lea
Virginia Kievorn, Plymouth
Elizabeth Knight, Brooklyn Park
Name Sue Longman, Edina
Thelma McKenzie, Treasurer, Roseville
Thomas McRoberts, Morris
Stuart Morgan, St, Louis Park
James OHeson, Owatonna
Scala Peterson, Mpts
Evelyn Staus, Brooklyn Park
Tien Woods, Na. Brighton
Nancy Haugdahl, Finandai Ccznd.
Judy Relnehr, Librarian
Member Commissions
Albert Lear
Anoka
Arden Hltis
Austin
Bemidji
Brooklyn Park
Chaska
Cottage Grove
Crow Wing County
Crystal
Duluth
Eden Prairie
Edina
F. anon;
FaQ Heights
Fergus Falls
Forest Lake
Gott Vellsy
Grand Rapids
Hlbb',
Hopkins
Isamu County
Marshall
Who Lacs Area
Minneapolis
Montgomery
Moorhead
Morris
New Brighton
New Hope
New Ulm
Northfield
Dia letl County
Owatonna
Paynesvllte
Plymouth
Red Wing
RicMiad
Robbinsdale
St Clued
St L
St Louis Park
At Paul
SI Peter
Shakopee
Shoreview
Stillwater
Virginia
Waseca
Wiflmar
Wicooa
and others In formation
MINNESOTA HUMAN RIGHTS COMMISSIONS
FROM: ANNE DYKSTRA, President
DATE: May21, 2010
RE: LOCAL COMMISSION SUPPORT FOR R PRESENTATIONS
BY PROJECT 515 EDUCATION CAMPAIGN
At its April, 2010 meeting, the Leagues Board of Directors was given a
presentation by a human rights organization called Project 515. Project 515's
mission is to ensure that same -sex couples and their families have equal rights
and considerations under Minnesota law. Project 515's Education Campaign is
committed to educating Minnesotans about the discrimination that exists under
state law for same-sex couples and their families, and its impact on our state.
Similar to the League's mission, Project 515 envisions a state where all
families are equally valued and respected under the law in all aspects of their
lives.
After receiving a good presentation by Project 515, the Board passed a motion
to have the League recommend to its members that they contact Project 515
and schedule a presentation about the work of Project 515 for their local
commission and other local organizations.
The Project 515 Education Campaign welcomes interest from Human Rights
Commissions across the state. There is ranch that Human Rights Commissions
can do to help move the issue of equality forward, including signing up to
receive ,information from Project 515, speaking to their local legislators and
policyrnakers, and tapping into their networks of community members
interested in working for fairness for all Minnesotans.
Project 515 welcomes your invitation to speak before your commission, as
well as referrals to other interested entities. To schedule a speaker in your
community or for more information, please contact Arm Kaner -Roth, Project
515 Executive Director, at (612) 246 -3885 or ann( rooj ect515.org .
THANK YOU FOR STANDING UP FOR HUMAN RIGHTS FOR ALL!
CITY OF COTTAGE GROVE
MINNESOTA
To:
Human Services /Human Rights Commission
From:
Jennifer M. Levitt, P.E., City Engineer
Date:
June 2, 2010
Re:
Proposed Accessibility Task Force
The City Council has a vision statement to provide for "A fiscally responsible, well run
government with well maintained infrastructure, access to quality inter- and intra- community
transportation and transit, and safe residential and commercial neighborhoods and public
spaces ".
The key part of the vision statement that is proposed to be reviewed is providing access to
quality inter- and intra - community transportation. If the desire is to improve transportation
within the community we need to review various modes of transportation. One of the
elements is to ensure that pedestrians can have access to other transportation means or utilize
non - motorized means to live, work and play within the community. In that effort it is
important to identify barriers that may exist within the community that hamper the means of
pedestrian movements. Many agencies are making significant strides to improve access in
accordance with the Americans with Disabilities Act (ADA) enacted on July 26, 1990. For
example, the Minnesota Department of Transportation (MnDOT) has developed an ADA
Transition Plan to help improve compliance and develop an accessible, safe, efficient and
sustainable transportation system. The MnDOT Transition Plan is enclosed for your review
and information.
The proposal is to establish a Task Force from the HSHR Commission to engage the public to
help improve accessibility in the community. The Task Force, for example, could meet with
residents of White Pines Senior Living, Presbyterian Homes, the Senior Center or hold a
general public meeting to solicit ideas. The key is to focus on the City's transportation
network: roads, signal systems, sidewalks, trails, and road intersections. It would be
important to note if there are any recreational concerns related to the City's park facilities.
Examples of proposed improvements could be:
• Add missing sidewalk sections.
• Provide for additional curb cuts.
• Accessibility of trail sections.
• Provide more truncated domes at intersections.
• Traffic signal improvements.
The goal of the Task Force would be to compile a list of projects and prioritize them. Those
projects could then be added to the City's Capital Improvement Plan (CIP) for construction in
later years. The ultimate funding level and year of construction would be decided by the City
Council.
m 2
Page 13
�NNESOT
Minnesota Department of Transportation
395 John Ireland Boulevard
5
° Saint Paul, MN 55155
O£ TPP
April 2, 2010
Dear Citizens of Minnesota,
I am pleased to share with you the ADA Transition Plan for the Minnesota
Department of Transportation,',which I recently adopted. This plan is the result of
extensive collaboration during the past two years among the Minnesota Department
of Transportation and citizens, stakeholders, and partners throughout Minnesota. I
want to thank everyone who took part in developing the draft plan.
This plan establishes a base for accessibility to Minnesota's transportation system
and will be a guide to help ensure transportation is accessible to all users.
As Minnesota's transportation leader, Mn /DOT will uphold the vision and policies
presented in this plan. The success of making our transportation system fully
accessible depends on the coordinated efforts of all levels of government, the
public, and the policies and strategies outlined in this plan. Mn /DOT will continue to
look for opportunities to involve citizens, stakeholders and partners in the
implementation of this plan, future updates to the plan, and in policy decisions
affecting accessibility. Together, we can realize a shared vision of an accessible,
safe, efficient, and sustainable transportation system.
Sincerely,
(Original signed)
Thomas K. Sorel
Commissioner
n
..-
t•
.r
Minnesota Department of Transportation
4/2/2010
R
Page 16
Table of Contents
Introduction........................................................................................ ..............................
ADA and its Relationship to Other Laws ........................................... .............................10
Mn /DOT History ................................................................................ .............................
Program Location and Staffing ......................................................... .............................13
CommitteeStructure ........................................................................ .............................
Mn /DOT's ADA Accessibility Advisory Committee ............................ .............................14
Americans with Disabilities Act Advisory Committee ( ADAAC) ......... .............................15
ADA Implementation Committee ....................................................... .............................15
Communications............................................................................... .............................
WebsiteCommunications ................................................................. .............................16
PublicInvolvement ............................................................................ .............................
SelfEvaluation .................................................................................. .............................
FixedWork Sites ........................................................................... .............................18
RestAreas .................................................................................... .............................
Accessible Pedestrian Signals ( APS) ............................................ .............................19
Curbramps and sidewalks ............................................................ .............................20
Greater Minnesota Transit ............................................................. .............................21
Pedestrian Bridges, and Underpass Inventory .............................. .............................21
Policies.......................................................................................... .............................
Maintenance..................................................................................... .............................
CorrectionProgram .......................................................................... .............................23
Training............................................................................................. .............................
Appendix A: How to file a Grievance ................................................ .............................24
Appendix B: Program Contacts ......................................................... .............................26
Appendix C: Mn /DOT Work Sites ..................................................... .............................27
PriorityOne Sites ....................................................................... .............................27
PriorityTwo .....................................:.......................................... .............................28
Appendix D: Rest Area Facility Condition Assessment ..................... .............................29
Appendix E: Statewide Accessible Pedestrian Signal (APS) Prioritization Summary ....41
District1 ..................................................................................... .............................41
District2 ..................................................................................... .............................
District3 ..................................................................................... .............................
District4 ..................................................................................... .............................51
Metro.. ............................................................................... ....................................
53
District6 ..................................................................................... .............................69
District7 ..................................................................................... .............................
District8 ..................................................................................... .............................
Appendix F: Curb Ramp Inventory .................................................... .............................76
Appendix G: Pedestrian Overpass and Underpass Inventory .......... .............................81
Appendix H: Policies and Procedures under Review by Mn/ DOT ..... .............................86
Appendix I: Glossary of Terms .......................................................... .............................87
W13 nom.
Jil lillirl 111 111111
WEEME
Introduction
Mn /DOT Vision
This document is intended to serve as a guide to further the vision, mission and core
values for the Minnesota Department of Transportation (Mn /DOT) by outlining key
actions for making the transportation system in the State accessible. The Vision,
Mission and Core Values for Mn /DOT are as follows:
Vision
Global leader in transportation, committed to upholding public needs and collaboration
with internal and external partners to create a safe, efficient and sustainable
transportation system for the future.
Mission
Provide the highest quality, dependable multi -modal transportation system through
ingenuity, integrity, alliance and accountability.
Core Values
• Maintain safety as a priority
• Enhance trust with transparency and accountability
• Promote collaboration, research and innovation
• Value diversity and cultural capital through inclusion and opportunity
• Commit to employee well- being, development and success
• Recognize that employees are integral to Mn /DOT's success
Transition Plan Need and Purpose
The Americans with Disabilities Act (ADA), enacted
prohibiting discrimination against individuals on the
five titles outlining protections in the following areas:
• Employment
• State and local government services
• Public accommodations
• Telecommunications
• Miscellaneous Provisions
on July 26, 1990, is a civil rights law
basis of disability. ADA consists of
Title II of ADA pertains to the programs, activities and services public entities provide.
As a provider of public transportation services and programs, Mn /DOT must comply with
this section of the Act as it specifically applies to state public service agencies and state
transportation 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." ( USC. Sec. 12132 28 CFR. Sec.
35.130
WMEEME
Page 110
As required by Title II of ADA 28 CFR. Part 35 Sec. 35.105 and Sec. 35.150 Mn /DOT
is conducting a self - evaluation of its facilities and developed this Transition Plan
detailing how the organization will ensure that all of its facilities, services, programs and
activities are accessible to all individuals.
Transition Plan Management
Mn /DOT's transition plan is a living document that will receive routine updates. The first
update is scheduled to occur one year from the plan's formal adoption and on a four
year cycle thereafter. To streamline plan updates and keep the document current and
relevant, appendices will be updated annually if new information is available and does
not alter the intent of the transition plan. When an appendix update is found to alter the
intent of Mn /DOT's Transition Plan the appendix and affected section(s) will be opened
for public review and comment. The update schedule may be altered at the discretion
of Mn /DOT based on changes in guidance from the United States Access Board,
Federal policy, and Mn /DOT policy. Mn /DOT's Transition Plan is available for continual
public inspection through Mn /DOT's website
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.
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.
When addressing accessibility needs and requirements, it is important to note that ADA
and Title II do not supersede or preempt state or local laws that may offer equivalent or
greater protections, such as the Minnesota Human Rights Act.
Under Title Il, Mn /DOT 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 ( C.F.R. Sec.
35.150
Paae III
• 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 ( 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. 1 30(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 CFR § 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 $ 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 11 to applicants,
participants, beneficiaries, employees, and other interested persons [28 CFR
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 § 104.8(a)1
• Must establish a grievance procedure. Public entities must adopt and publish
grievance procedures providing for prompt and equitable resolution of complaints
[28 CFR $ 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.
Mn /DOT's Compliance History
Following the passage of ADA on July 6, 1990, Mn /DOT took initial steps to identify and
address Title II requirements. In December of 1991 Mn /DOT received direction from the
local Federal Highway Administration (FHWA) division to complete a curb ramp
assessment and transition plan to comply with the new law. Based on direction from
the FHWA and the requirements of the final rule passed on July 26, 1991 Mn /DOT
developed the parameters to identify curb ramp needs and an investment plan which
would be fully implemented by January 31, 1995. Mn /DOT records show that each
district had completed a curb ramp inventory by December of 1992 and identified
funding and a construction timetable that was to be completed by January 26, 1995.
During the same timeframe, the Minnesota Department of Administration conducted an
assessment of all state owned and leased properties to identify barriers to be corrected
by the individual agencies. According to available Mn /DOT records, all employee
occupied buildings were retrofitted to meet the ADA requirements outlined in 1990 and
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all subsequent new construction has followed Minnesota Building Codes which meet or
exceed ADA requirements. Construction plans and a timetable were developed in 1994
for barrier removal and accessibility improvement for all Class I and II rest areas with
work to be completed at the end of 1995. Mn /DOT had begun barrier removal on rest
areas when it was determined that funding administered by the Department of
Administration could not be used on rest area improvements. A list of current barriers
at Mn /DOT rest areas can be found in Appendix D.
From 1995 to 2001 Mn /DOT's ADA efforts were largely decentralized, focusing primarily
on reasonable accommodation for employees and transit, with compliance and
oversight falling on individual offices and programs. In general, Mn /DOT had completed
the retrofit requirements identified in ADA and was meeting compliance with new
construction and reconstruction projects. During this time Mn /DOT did not maintain a
centralized transition plan.
In 2001 ADA became a point of focus with the Access Board's issuance of the draft
rules for public rights of way and the expiration of the moratorium on detectable warning
surfaces. Mn /DOT provided comment to the draft rules in October of 2001, but only
became aware of the detectable warning requirement in July of 2002 through an FHWA
memo. A revised standard plan with truncated domes was issued in 2003 and has
been required in new construction, reconstruction and alterations since 2003. In 2005
the Access Board issued a revision of the draft rules, titled Public Rights of Way
Accessibility Guidance ( PROWAG), to be utilized as best practices. The lifting of the
detectable warning surfaces moratorium and the publication of PROWAG was the first
new guidance affecting public rights of way since the initial passage of ADA in 1990.
In September 2006, Mn /DOT's Affirmative Action Office was asked to assess agency
Title II compliance and determine needs in this area. As a result of the assessment,
Mn /DOT took the following actions:
Designated an ADA Coordinator.
• Drafted a Notice of Non - Discrimination to provide information about the rights
and protections of ADA to employees and applicants, as well as participants and
users of Mn /DOT services, programs and activities.
• Established a grievance /complaint process to address or correct user concerns
related to inaccessible pedestrian and transportation facilities under Mn /DOT's
jurisdiction.
In 2007, an internal Mn /DOT ADA Advisory Council was formed. The primary function
of this council was to assess and determine accessibility program needs and provide
guidance to Mn /DOT administrators. The group includes key staff from Technical
Support, Design, Investment Management (Planning), Construction, Traffic Operations,
Maintenance Operations, Transit, Aeronautics and State Aid.
Also in 2007, Mn /DOT updated its policy and procedures to more effectively respond to
requests for Accessible Pedestrian Signals (APS). The policy and procedures require
Paqe 113
the installation of APS at every signalized intersection and at every pedestrian crossing
in new and reconstruction projects.
Mn /DOT launched its ADA web pages for public use in the spring of 2008. The pages
include Mn /DOT's Non - discrimination Notice, links to accessibility guidance and
information and an online grievance process for users to voice their concerns regarding
barriers preventing access to Mn /DOT facilities, programs and services.
In 2008 Mn /DOT formed a standing external stakeholder advisory group, made up of
citizens with disabilities and advocates for key disability groups in Minnesota. This
committee provides important feedback and invaluable real -life experience regarding
how persons with disabilities use Mn /DOT's facilities, programs and services. They also
serve as a voice for members of Minnesota's disability community.
Technical Memorandum 08- 13 -TM -05 Pedestrian (Curb) Ramp Guidelines was adopted
and issued by the Deputy Commissioner in 2008 to clarify pedestrian curb ramp
installation requirements to Mn /DOT staff and city and county engineers.
In 2008, Mn /DOT contracted with an independent consultant to conduct an objective
evaluation of the organization's current policies, procedures and practices regarding
ADA and Title II. The evaluation analyzed the impact of Mn /DOT policies, procedures
and practices on accessibility within our state, and how accessibility impacted people
with disabilities. The report identified policies, procedures and practices that do not
comply with Title 11 requirements and suggested potential modifications to bring them
into compliance (see Appendix H for the list of policies, procedure and practices).
Mn /DOT's Office of Affirmative Action, Office of Technical Support and Office of Transit
began conducting ADA Title II training in 2008. The training provides an introduction to
ADA Title II requirements and is offered to local partners and Mn /DOT
engineers /employees in maintenance, design, construction and planning.
Finally, in 2009, as a part of the development of Mn /DOT's Transition Plan, Mn /DOT
Issued Technical Memorandum 10- 02 -TR -01 Adoption of Public Rights of way
Accessibility Guidance to Mn /DOT staff, cities and counties. The memo makes Public
Rights -of -Way Accessibility Guidelines ( PROWAG) the primary guidance for accessible
facility design on Mn /DOT projects. Mn /DOT is currently beginning the integration of
PROWAG into the Road Design Manual and other technical guidance.
Program Location and Staffing
Managing and implementing the Mn /DOT ADA Transition Plan requires a
multidisciplinary approach encompassing policy development, outreach, technical
support and oversight. These responsibilities, required by 28 CFR 35.107 will be
managed by three peer positions: the Title II Coordinator, ADA Implementation
Coordinator, and ADA Design Engineer.
Page 014
The Title II Coordinator is located in the Affirmative Action Office under the direction of
the Employee and Corporate Services Division. The Title II Coordinator is responsible
for addressing complaints as they are received and tracking the overall progress of the
implementation of the Transition Plan. The Title II coordinator is also responsible for the
investigation of all formal grievances made against Mn /DOT.
The ADA Implementation Coordinator is responsible for developing policy and
procedures to integrate Title II requirements into Mn /DOT practices to ensure the
obligations of ADA and the Transition Plan are met. The Implementation Coordinator
will also function as chair of the Internal ADA committee and co -chair of ADA
Stakeholders group. The ADA Implementation Coordinator is under the direction of the
Employee and Corporate Service Division.
The ADA Design Engineer position resides with in the Operations Division and works
with the ADA Implementation Coordinator to develop policy and provide technical
support for design and construction at a project level. In addition to providing support
for projects, this position will also be available to assist districts in implementing design
options that address accessibility complaints.
Please refer to Appendix B for contact information
Committee Structure
Due to the far reaching and ongoing implications of the ADA, collaboration is an
important tool for Mn /DOT to indentify issues and solutions that reflects the needs of the
agency and users. To ensure that stakeholders are represented Mn /DOT has
established three committees, one external and two internal, to assist and advise on
ADA policy development. The committees function independent of each other to, but
their input is coordinated by ADA Implementation Coordinator who a co -chair on all of
the committees. Detail on the roles and membership of the individual committees
follows.
Mn /DOT's ADA Accessibility Advisory Committee
The Mn /DOT ADA Accessibility Advisory Committee (MAAAC) was created in 2008 to
begin a constructive dialogue on accessibility issues and advise Mn /DOT on compliance
with Title II of the ADA. Since MAAAC's inception, the advisory role has expanded from
a focus on achieving Title II compliance to providing input on prioritizing funds for ADA
projects, design feedback and communication tools. The committee's current
representation was identified and established by the Title II Coordinator. MAAAC's
membership is composed of individuals with differing disabilities, Mn /DOT
representatives from the Bicycle and Pedestrian section, the Commissioner's Office,
and the Office of Policy, Analysis, Research and Innovation, and representatives from
the Minnesota State Council on Disability and the Metropolitan Council Transportation
Advisory Committee.
Page [15
The MAAAC meets monthly in working session type meetings to provide feedback on
policy development, including the Transition Plan, and learn about Mn /DOT operations
and advise on accessibility issues. Meetings are co- chaired by the ADA Implementation
Coordinator a member elected from the external representation. Mn /DOT is not a
voting member of the committee. MAAAC is currently re- evaluating its structure to
identify and recruit a broader cross - section to represent more types of disabilities and
provide geographic balance. Expected outcomes of the re- evaluation include an
application process for membership and an annual work plan.
Americans with Disabilities Act Advisory Committee (ADAAC)
In 2007 Mn /DOT convened an internal advisory committee with representation from a
cross section of functional areas to assist in the development of policy and practice to
integrate ADA into Mn /DOT project delivery and operations. ADAAC meets on a bi-
monthly basis, with additional meetings called as needed. The committee focuses on
issues with programmatic impact and identifies key resources for resolution. The ADA
Implementation Coordinator is the ADAAC chair. Committee membership includes the
following offices and sections:
• Affirmative Action
• Aeronautics
• Maintenance
Transit
Traffic, Safety and Technology
• State Aid
Information Resource Management
Bridge
• Bicycle and Pedestrian Section
Construction
• Pre Construction
• Maintenance
Technical Support
ADA Implementation Committee
The ADA Implementation Committee was identified as a need during the development
of the transition plan in order to develop and expand the agency's knowledge base and
information sharing for ADA design and policy. The committee is comprised of one
design or traffic engineer from each Mn /DOT district and staff from the Office of Traffic
Safety and Technology, Geometrics, Program Delivery and the Bicycle and Pedestrian
Section. The members function as points of contact and are responsible for tracking
ADA requests in their district, providing technical support for projects and providing
feedback to ADA policy and practice. The committee began meeting in January 2010.
The ADA Implementation Coordinator and the ADA Design Engineer co -chair the
committee.
UMMOR a,
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Grievance Procedure
Under the Americans with Disabilities Act users of Mn /DOT facilities and services have
the right to file a grievance if they believe Mn /DOT has not provided reasonable
accommodation.
The Grievance Procedure required by 28 CFR 35.107 can be found in Appendix A of
this report or on Mn /DOT accessibility website provides details on how to file a
complaint. Under the Grievance Procedure, a formal complaint must be filed within 180
calendar days of the alleged occurrence. Mn /DOT will act or respond only to complaints
made through the grievance process identified in Appendix A.
Communications
According to Section 35.160(a) of ADA, "...A public entity shall take appropriate steps to
ensure that communications with applicants, participants, and members of the public
with disabilities are as effective as communications with others." This means that
Mn /DOT is required to provide equally effective communication to individuals with
disabilities. Equally effective communication can be provided by offering alternative
formats, auxiliary aid(s) and /or services upon request. For example, interpreters are
hired as requested for the hearing impaired and text materials that are accessible by
screen readers are made available to users.
Website Communications
Background
State Law requires that all of the State of Minnesota's information systems comply with
the 2009 MN Law to incorporate Section 508 of the Rehabilitation Act and the Web
Content Accessibility Guidelines 2.0.
The State Office of Enterprise Technology has undertaken a project to put standard
state processes, tools, and guidelines in place. This will enhance end user accessibility
to state information systems, and make sure that all Minnesota citizens have
reasonable access fn tha infnrmn inn they naed,
Mn /DOT will fully comply with or exceed the standards set by the Office of Information
Technology regarding compliance with this law. Mn /DOT is participating in a committee
to set the state standard, and will participate in future committees advising on needs for
training and oversight. We anticipate that OET will set the standard at WCAG 2.0,
compliance level AA.
Current situation
Several years ago Mn /DOT redesigned its internal and external Web templates to be
more accessible. For example, templates are now controlled by style sheets and styles
Paae 117
are set for headers and subhead navigation items. All Web editors are required to use
these templates for new and revised pages.
Our Rules for the Web include several items relating to accessibility. For example, all
images much include "alt tags" and blinking or scrolling script is not allowed. All Web
editors are required to follow these rules; however, we know that some older pages are
not in compliance.
We also have an internal Web site that includes additional resources for Web writers
and developers, including links to the WCAG 2.0 standards and our Rules for the Web.
Communications is developing training for word processing and other staff about
preparing accessible Word and PDF documents. We are also working with contractors
to ensure that documents prepared as part of a contract with Mn /DOT are compliant.
We have developed an external page www.dot.state.mn.us /ada that includes a variety
of information about Mn /DOT and the ADA. This includes our transition plan, a way to
file complaints with Mn /DOT, links to other transportation- related resources and tips
about how to use our pages. A link to this page is included in the footer of every
Mn /DOT Web page.
2010 Goals
• More fully integrate transition plan elements into our Web pages. For example,
we will add an "ADA" tab to pages about construction projects. This will link to a
page that documents the specific elements of that project that are related to
ADA. We will do this on many pages in 2010 and by 2011 expect this to be
mandatory.
• Review the Rules for the Web and the templates for compliance with WCAG 2.0
and make revisions as necessary. This step includes educating Web writers and
developers about changes to the current standards.
• Develop and implement a plan for spot checking and ensuring compliance with
WCAG for all new or redeveloped pages.
• Continue to work with Web editors to move older pages to the new templates. By
December 2010 we will have a plan in place for any remaining pages.
Public Involvement
Mn /DOT recognizes that broad public participation is essential to the development of
Minnesota's transportation system. As required by the ADA and Mn /DOT's public
participation guidance Hear Every Voice any public meeting, hearing, or comment
period held by Mn /DOT is accessible. Mn /DOT provides qualified interpreters upon
request and will provide documents in an accessible electronic format or other
alternative formats, such as large print or Braille. All public notices shall contain contact
information for accommodation requests.
_ ;,
Public meetings, trainings, programs and other events must be in an accessible location
and indicated on the meeting notice. Project managers and other Mn /DOT staff are
directed to use the Department of Justice Guide to Conducting Accessible Meetings to
assist in planning public meetings.
Self Evaluation
Mn /DOT, as required by Title II of ADA, must conduct a self - evaluation of physical
assets and current policies and practices. Mn /DOT has identified seven areas that will
need to have and maintain inventories. As inventories are completed, they will be
included as appendices to the transition plan.
Fixed Work Sites
Mn /DOT owns and leases numerous buildings throughout the state. Mn /DOT has
identified 46 buildings that are routinely accessed by the public. The 46 buildings are
currently compliant, however, in the coming year Mn /DOT will re- evaluate these
buildings for potential accessibility improvements. The buildings have been divided into
two categories; Priority One and Priority Two. Priority One buildings are those buildings
that have employee use and a high potential for public use. Priority Two buildings are
those buildings that employees use and have moderate potential for public use.
A list of the identified buildings can be found in Appendix C
Rest Areas
Several accessibility guidelines, codes and regulations apply to rest areas. ADA
Accessibility Guidelines (ADAAG) applicable to rest area type facilities include
guidelines for:
Buildings and Facilities (1991, as amended through 2002).
Play Areas (published in the Federal Register October 18, 2000, and amended
November 20, 2000).
Recreation Facilities (published in the Federal Register on September 3, 2002).
Outdoor Developed Areas (draft of final guidelines released on October 19, 2009,
but are not yet codified).
Minnesota State Building Code Chapter 1341 also includes specific requirements
related to accessibility. Some State accessibility requirements in Chapter 1341 are
more restrictive than ADAAG.
In addition to ADAAG, the Code of Federal Regulations (CFR) includes regulations
related to accessibility that apply to Interstate rest areas and historic rest areas and
waysides:
® Interstate Rest Areas: 49 CFR 27.75 requires States to make Interstate rest area
facilities accessible whenever the State uses federal financial assistance to
improve the rest area or whenever the State uses federal financial assistance to
. O _
construct, reconstruct or otherwise alter the roadway adjacent to or in the near
vicinity of the rest area.
Historic Rest Areas & Waysides: Several State rest areas and waysides are
historic properties listed in or eligible for listing in the National Register of Historic
Places or are designated as historic under an appropriate State or local law. 28
CFR 35.151(d) requires alterations comply, to the maximum extent feasible, with
Section 4.1.7 of ADAAG.
In 1990, the Minnesota Department of Administration (DOA) contracted with
architectural consultants to survey all buildings and facilities owned and managed by
the State. The survey included Mn /DOT rest areas and waysides. Unfortunately, DOA
completed the survey before the Federal government finalized ADAAG in 1991.
Mn /DOT staff resurveyed all Class I rest areas by 1994 using ADAAG and recorded
actual conditions and identified corrective measures required to comply. (See Appendix
D)
In March 1994, the DOA approved a priority listing of Mn /DOT facilities. Additionally,
during FY 1993 -04 the DOA distributed $1,700,000 in State funds to Mn DOT for ADA
improvements to buildings and facilities. Since Travel Information Centers, Class I and
II rest areas in the southern portion of the state receive the highest public use, Mn /DOT
considers these facilities the highest priority for rest area accessibility improvements.
Mn /DOT took action to correct then - current deficiencies at the highest priority facilities,
except those actions deemed technically infeasible or where Mn /DOT had identified and
scheduled the facility for comprehensive replacement in the near future.
Since 1991, Mn /DOT has designed and built all new rest area facilities, including
buildings, site features and parking areas in compliance with then current ADAAG and
Minnesota State Building Codes. Also, since that time, Mn /DOT has completed rest
area rehabilitation and reinvestment projects that included corrective action to bring
facilities into compliance with ADAAG and Minnesota State Building Code requirements.
Mn /DOT has not corrected deficiencies at all lower priority facilities.
In 2007, Mn /DOT retained a consultant to conduct a comprehensive assessment of the
physical condition of (49) Class I rest areas. The consultant found accessibility
deficiencies at (46) of the rest areas evaluated. Mn /DOT estimates it would cost $1.9M-
2.5M to correct the accessibility deficiencies found at the 46 Class I rest areas.
Accessible Pedestrian Signals (APS)
In 2008, Mn /DOT completed a statewide inventory (Appendix E) of all 1,171 signalized
intersections managed by Mn /DOT. There are 120 intersections that already have APS
installed and 83 more planned in 2010. As part of the inventory each intersection
received a rating to determine the priority for conversion to an APS signal. The ranking
of the intersections was done utilizing the methodology laid out in the National
Coo erative Highway Research Project 3 -62 APS Prioritization Tool. In general the
signalized intersections with higher scores are the ones with the greatest need for
conversion to APS, but the rankings are always considered within context so that the
ammo m
greatest needs are served first. Factors outside the ranking that affect an intersection's
priority for APS include the number of pedestrians at the intersection, the presence of
nursing homes, hospitals, transit, and other public services, and requests for APS. All
new construction and reconstruction projects include APS, per direction from PROWAG.
Each district traffic engineer will be responsible for determining which intersections are
priorities in their district, taking the intersection score and other factors into
consideration.
Curb ramps and sidewalks
Mn1DOT recognizes that a self evaluation of pedestrian facilities within its public rights
of way is a key element to a comprehensive and successful transition plan. At the time
of this plan's publication, the self evaluation has not been accomplished, but a method
and timeline for completion has been identified. The lack of an inventory of curb ramps
represents a deficiency, but it does not alter Mn /DOT's ability and commitment to
provide and improve accessibility on projects constructed in the interim.
To create a more complete transition plan, Mn /DOT will conduct a self evaluation of the
location and condition of pedestrian facilities in Mn /DOT's right of way using a two
phase approach. In the first phase of the inventory Mn /DOT will collect information on
intersection conditions. The second phase will focus on the pedestrian facilities parallel
to the roadway.
The inventory process being utilized by Mn /DOT was developed and piloted in
Mn /DOT's District 1 based in DuluthNirginia. Over the summer of 2009 District 1 staff
inventoried all intersections on the State Highway system. Data collected included the
location and condition rating of ramps, adjacent sidewalks, crosswalks, curb and gutter,
signs and signals. The data was collected in the field using a handheld Global
Positioning System unit and displayed on aerial photographs. Phase two which will
inventory pedestrian facilities parallel to the roadway will be piloted by District 1 in the
summer of 2010. Based on the outcome of the phase two pilot a timeline for the other
districts will be developed.
All districts will be completing an inventory as required by ADA. Districts will receive
training on how to collect the data in spring of 2010 and Greater Minnesota Districts are
expected to have a completed phase one inventory available to the public by the end of
2010. Mn /DOT's Metro District will be complete its phase one inventory in 2011. The
extended timeframe for Metro's inventory allows the district to identify a key corridor
process to prioritize the order in which information will be collected and to integrate the
inventory with existing databases. Completed inventories will be incorporated as an
appendix to this plan, as they become available.
Once completed, the inventory will be an important tool to assist in project scoping and
development and to track Mn /DOT progress on barrier removal and the integration of
facilities meeting PROWAG guidance. The inventory will be continually updated as
facilities are upgraded.
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The inventory template that will be used for both phases can be found in Appendix F.
Greater Minnesota Transit
As the administrating agency for Federal Transit Administration grant programs,
Mn /DOT is required to ensure that grant recipients comply with the Americans with
Disabilities Act. Specific transit - related aspects of ADA fall into two distinct categories:
(1) ensuring that transit services and facilities are designed to allow access by
individuals with disabilities and (2) ensuring that transit vehicles purchased with federal
funds meet the accessibility standards of ADA
With respect to the first function, the Office of Transit has developed tools for Mn /DOT
staff to use to monitor ADA compliance as part of grant oversight. This includes
checking that the telephone reservation system is accessible to all; schedulers capture
necessary passenger information to ensure that the person's trip needs can be fully
accommodated; ADA trip requests in Duluth, East Grand Forks, La Crescent, Mankato,
Moorhead, Rochester and St. Cloud are not denied at a higher rate than other trip
requests; system advertising and information is produced in a variety of formats; transit
facilities are laid out with appropriate clearances and accessibility; etc.
Some older bus garages and administrative facilities are not fully ADA accessible, but
the noncompliant elements do not provide a barrier to the services provided to the
general public. As facilities are replaced or receive major remodeling they will be
required to be constructed to current ADA and Minnesota Building code standards.
Reasonable accommodations will be provided at all locations as needs are identified.
With respect to vehicle purchases, the Office of Transit maintains a full array of vehicle
specifications — all of which meet the accessibility standards of ADA. All transit vehicles
acquired with grants through Mn /DOT are fully ADA - compliant. Because this policy has
been in place for many years, the current fleet acquired through Mn /DOT is ADA -
accessible.
Mn /DOT's inventory of right of way features will include an assessment of the
accessibility of transit stops on Mn /DOT right of way. To be accessible, bus stop
boarding and alighting areas must provide a clear length of 8 feet minimum, measured
perpendicular to the curb or street or highway edge, and a clear width of 5 feet
minimum, measured parallel to the street or highway. Bus stop boarding and alighting
areas must connect to streets, sidewalks, or pedestrian paths by a pedestrian access
route. The grade of the bus stop boarding and alighting area must be the same as the
street or highway, to the maximum extent practicable, and the cross slope of the bus
stop boarding and alighting area must not be greater than 2 percent.
Pedestrian Bridges, and Underpass inventory
Mn /DOT owns 170 pedestrian bridges and underpasses throughout the state. Any
pedestrian bridge or underpass crossing an interstate or state highway is the
responsibility of Mn /DOT, unless an agreement has been made with a local government
agency. The location of all pedestrian bridges and underpasses within Mn /DOT's right
M
•..- M
of way has been documented by Mn /DOT (Appendix G). The next step will be to
assess the accessibility of each facility. The Office of Bridge will be responsible for
determining the accessibility of the pedestrian bridges in their jurisdiction by the end of
2010. Once the accessibility portion of the Pedestrian Bridges is complete, Appendix G
will be updated.
To be accessible, pedestrian bridges and underpasses must have a ramp leading up to
the overpass, the ramp must meet the PROWAG standards for ramps, railings must
meet the requirements found in the Mn /DOT Bikeway Facility Design Manual, the
bridges must have a cross slope of no more than 2 % and a running slope of no more
than 5 %. Those that do not meet accessibility requirements according to PROWAG will
be replaced as necessary. Bridges and underpasses that are compliant with the
standards in place when they were built will require further discussion to determine the
feasibility of compliance with PROWAG and the future of the structure in general.
Policies
In 2009, Mn /DOT contracted with an outside consultant to conduct an audit of its
policies and procedures in order to identify areas where modifications may be needed to
ensure full compliance with ADA Title II and Section 504. The study involved a review of
over 200 policies and procedures that Mn /DOT uses to provide facilities, services, and
programs to the public. Forty -one policies, primarily focused on project development
and design, were identified as needing improvement to integrate accessibility more
consistently into MN /DOT projects and operations. No policies were identified as a
barrier to providing accessibility. Mn /DOT will be developing a systematic approach to
ensure long -term compliance with ADA Title II and Section 504 for all policies and
procedures. A listing of policies and procedures that Mn /DOT will be reviewing and
updating can be found in Appendix H.
Maintenance
Mn /DOT is responsible for the seasonal and structural maintenance of its facilities. As
part of the policy review identified in the Transition Plan, Mn /DOT is examining its
current policies and procedures to improve maintenance for pedestrian facilities.
Mn /DOT's Maintenance Office will be leading the policy development and is scheduled
to have a policy identified by summer of 2011.
The policy will identify operation guidance for maintaining sidewalks. Guiding the
discussion is Federal Code 23 U.S.C. § 116 which obligates a State DOT to maintain
projects constructed with Federal -aid funding or enter into a maintenance agreement
with the appropriate local official where such projects are located. The discussion will
also address snow removal and ice treatment on sidewalks in accordance with 28 CFR
3§ 5.133 which requires public agencies to maintain walkways in an accessible
condition for all pedestrians, including persons with disabilities, with only isolated or
temporary interruptions in accessibility. Part of this maintenance obligation includes
reasonable snow removal efforts.
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Correction Program
The Minnesota Department of Transportation is committed to addressing the barriers
identified in the self evaluation. As self evaluations are completed, facilities that are
inaccessible will be prioritized by districts as part of a separate barrier removal
program. Facilities that are accessible, but do not meet PROWAG standards will
continue to be improved through Mn /DOT's routine construction program. The funding
and schedule of accessibility improvements that are being made as part Mn /DOT's
routine construction program are determined through Mn /DOT's Statewide
Transportation Improvement Plan (STIP).
Training
As part the adoption of Public Rights of Way Accessibility Guidelines and the Transition
Plan, Mn /DOT will be conducting agency -wide training on both design and policy.
Mn /DOT has allocated an initial $125,000.00 to train Mn /DOT staff, cities and counties,
and external partners on ADA and Title II. Classes will be offered at both introductory
and advanced levels. The training will be developed as modules that can be taught
independently or integrated into existing training as appropriate.
The training will be topically based on policy, mobility needs and design. Modules
identified for development and deployment in 2010 include:
ADA and Title II overview and requirements
Inventory Collection
• Technical Training
• PROWAG (Public Right OF Way Accessibility Guidelines)
• Curb Ramps
• APS (Accessible Pedestrian Signals)
o Intersection Geometrics
• Pedestrian Design & Planning
• Maintenance, e.g., Inventory, Snow & Ice, Faulting, Maintenance Agreements
• Project Development
• Project Scoping
• Bicycle & Pedestrian Planning
o Inventories
• Accessible Communications
• Document Development
• Website Development
• Public Meetings
• Policy & Procedure
o Public Involvement
o Complaint Procedures
As appropriate, Mn /DOT will work with educational institutions and advocacy groups to
identify needs and develop curriculum.
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How to file a Grievance
The procedure to file a grievance is as follows:
1. A formal written grievance should be filed on ADA Grievance Form. An oral grievance
can be filed by contacting ADA Title II Coordinator. The oral grievance will be reduced
to writing by ADA Coordinator utilizing ADA Grievance Form. Additionally, individuals
filing a grievance are not required to file a grievance with Mn /DOT, but may instead
exercise their right to file a grievance with the Department of Justice.
The name, address, and telephone number of the person filing the grievance.
The name, address, and telephone number of the person alleging ADA violation,
if other than the person filing the grievance.
A description and location of the alleged violation and the remedy sought.
Information regarding whether a complaint has been filed with the Department of
Justice or other federal or state civil rights agency or court.
If a complaint has been filed, the name of the agency or court where the
complaint was filed, and the date the complaint was filed.
2. The grievance will be either responded to or acknowledged within 10 working days of
receipt. If the grievance filed does not concern a Mn /DOT facility, it will be forwarded to
the appropriate agency and the grievant will be notified.
3. Within 60 calendar days of receipt, the ADA Title II Coordinator will conduct the
investigation necessary to determine the validity of the alleged violation. If appropriate,
ADA Title II Coordinator will arrange to meet with the grievant to discuss the matter and
attempt to reach a resolution of the grievance. Any resolution of the grievance will be
documented in Mn /DOT's ADA Grievance File.
4. If a resolution of the grievance is not reached, a written determination as to the
validity of the complaint and description of the resolution, if appropriate, shall be issued
by ADA Title II Coordinator and a copy forwarded to the grievant no later than 90 days
from the date of Mn /DOT's receipt of the grievance.
S. The grievant may appeal the written determination. The request for reconsideration
shall be in writing and filed with the Minnesota Department of Transportation
Ombudsman within 30 days after the ADA Title II Coordinator's determination has been
mailed to the grievant. Mn /DOT's Ombudsman shall review the request for
reconsideration and make a final determination within 90 days from the filing of the
request for reconsideration.
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6. If the grievant is dissatisfied with Mn /DOT's handling of the grievance at any stage of
the process or does not wish to file a grievance through the Mn /DOT's ADA Grievance
Procedure, the grievant may file a complaint directly with the United States Department
of Justice or other appropriate state or federal agency.
The resolution of any specific grievance will require consideration of varying
circumstances, such as the specific nature of the disability; the nature of the access to
services, programs, or facilities at issue and the essential eligibility requirements for
participation; the health and safety of others; and the degree to which an
accommodation would constitute a fundamental alteration to the program, service, or
facility, or cause an undue hardship to Mn /DOT. Accordingly, the resolution by Mn /DOT
of any one grievance does not constitute a precedent upon which Mn /DOT is bound or
upon which other complaining parties may rely.
File Maintenance
Mn /DOT's ADA Coordinator shall maintain ADA grievance files for a period of three
years.
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ADA Program Contacts
Title II Coordinator
Lynnette M. Geschwind
395 John Ireland Blvd.
MS 200
St. Paul, MN 55155
Ph: 651 - 366 -4717
Fax: 651 - 366 -4155
E -mail: Iyn nette.geschwind @state. mn. us
ADA Implementation Coordinator
Kristie M. Billiar
395 John Ireland Blvd.
MS 670
St. Paul, MN 55155
Ph: 651- 366 -3174
Fax: 651 -366 -4155
E -mail: kristie.billiarccDstate.mn.us
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Todd Grugel
395 John Ireland Blvd.
MS 670
St. Paul, MN 55155
Ph: 651 - 366 -3531
Fax: 651 - 366 -4155
E -mail: todd.grugel(@state.mn.us