Accessible MAPO: Developing an

Americans with Disabilities Act Transition

PlanMINNESOTA MPO CONFERENCE AUGUST 8 – 10, 2018

Contents

MAPO Overview

ADA & Companion

Legislation

Partner Agency

Requirements

Process

Implementation

Questions & Contact

MAPO Overview

Mankato/North Mankato Area

Planning Organization

2012: Established in response to

2010 Census

Cities of Mankato, North Mankato,

Eagle Lake, Skyline, counties of

Blue Earth and Nicollet, townships

of Belgrade, LeRay, Mankato, Lime,

South Bend

MAPO Planning & Urbanized Area

Planning Area

Population: 61,698

Urbanized Area

Population: 58,265

131 square miles

MAPO Policy Board

Tim Auringer, City of Eagle Lake

Dennis Dieken, City of Mankato (alternate)

Robert Freyberg, City of North Mankato

Jack Kolars, Nicollet County

Michael Laven, City of Mankato

Mark Piepo, Blue Earth County (chair)

Don Rotchadl, MAPO Townships

MAPO Staff

Paul Vogel – Executive Director

Charles Androsky – Transportation Planner

MAPO Technical Advisory Committee (TAC)

Sheri Allen, Superintendent – Mankato Area Public Schools (District 77)

Ronda Allis– MnDOT (District 7)Jennifer Bromeland – City of Eagle LakePaul Corcoran – Minnesota State University, MankatoScott Fichtner – Blue Earth CountyKarl Friedrichs – Lime TownshipMichael Fischer – City of North MankatoSeth Greenwood – Nicollet CountyScott Hogen – Mankato Area Public Schools (Dist. 77)Jeff Johnson – City of MankatoCurt Kloss – Leray TownshipMandy Landkamer – Nicollet County

Loren Lindsey – Belgrade TownshipOpen – South Bend TownshipEd Pankratz – Mankato TownshipSam Parker – Region Nine Development CommissionCraig Rempp – Mankato TransitDan Sarff – City of North MankatoRyan Thilges – Blue Earth County (chair)

Citizens of the MAPO Planning Boundary

ADA & Companion Legislation

Civil rights legislation that prohibits

discrimination based on disability

1990, 42 U.S.C. § 12101

Imposes accessibility requirements on

public accommodations

Amended in 2008 with changes

effective January 1, 2009

Architectural Barriers Acts, 1968

Require facilities designed, built, altered or leased w Federal funds be accessible

Section 504 of Rehabilitation Act, 1973

Protects qualified individuals from discrimination based on disability

ADA Companion Legislation

ADA Title II

Pertains to the programs, activities, and services public entities provide,

specifically to local public service agencies and local transportation

agencies

“…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

Partner Agency Requirements

MAPO partner agencies must conduct Self-Evaluations of facilities within

public rights-of-way and develop a Transition Plan detailing how the

agency will ensure that all facilities are accessible to all individuals

Must operate programs so that, when viewed in entirety, programs are

accessible and usable by individuals with disabilities [28 CFR SEC. 35.150]

May not refuse to allow a person with a disabilty to participate in a

service, program, or activity because that person has a disability [28 CFR

SEC. 35.130 (A)]

Partner Agency Requirements

Must make reasonable modifications to policies, practices and procedures

that deny equal access to individuals with disabilities unless a fundamental

alteration in the program would result [28 C.F.R. SEC. 35.130(B) (7)]

May not provide services or benefits to individuals with disabilities through

programs that are separate or different unless the separate or different

measures are necessary to ensure that benefits and services are equally

effective [28 C.F.R. SEC. 35.130(B)(IV) & (D)]

Must take appropriate steps to ensure that communications with

applicants, participants and members of the public with disabilities are as

effective as communications with others [29 C.F.R. SEC. 35.160(A)]

Partner Agency Requirements

Must designate at least one responsible employee to coordinate ADA

compliance [28 C.F.R SEC. 35.107(A)], the "ADA Coordinator." The public

entity must provide the ADA Coordinator's name, office address, and

telephone number to all interested individuals [28 C.F.R 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 C.F.R SEC. 35,106]. The notice must include the

identification of the employee serving as the ADA Coordinator and must

provide this information on an ongoing basis [28 C.F.R SEC. 104.8(A)]

Partner Agency Requirements

Must establish a grievance procedure. Public entities must adopt and

publish grievance procedures providing for prompt and equitable

resolution of complaints [28 C.F.R 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

FHWA Guidance

In 2016, FHWA and MnDOT provided background on ADA, the

legal basis for ensuring compliance, the MPO role, and the

intended outcome from increased emphasis

Requires development of ADA Transition Plans for each local

agency with greater than 50 employees

Goal was to have all MPOs self-certify their planning process and

document ADA compliance

MnDOT

MnDOT State Aid’s interpretation: any local agency with a project

in the 2019-2022 TIP or will be competing to receive or is receiving

federal funding that will be included in the 2019-2022 TIP, or any TIP

thereafter, will need to have an adopted ADA Transition Plan or be

substantially working towards completing their Transition Plan

If the local agency does not have their Transition Plan completed

or in progress, then that agency may not be approved by the

FHWA to use the funds on their specific project

http://www.dot.state.mn.us/stateaid/ada/ada-transition-plan-

federal-funding.pdf

Initiation Process

Decision to hire consultant

RFP released July, 2017

Sidewalk and Curb Ramp Inventory

Policy Review

Plan Development

Management System

Public Involvement

Project initiated September 2017 (Bolton & Menk)

Project Team

MAPO

Consultant Project

Manager

ADA PlannerPublic

Engagement Lead

GIS Data Collection & Analysis

Public Engagement

CoordinatorGIS Specialist

ProcessINVENTORY COLLECTION

Pedestrian Access Route (PAR) &

Pedestrian Circulation Route (PCR)

Sidewalks, pedestrian ramps, trails, traffic

signals, crosswalks, & transit facilities

Identify location and condition of

infrastructure, identify infrastructure needs

Street networks and public rights-of-way

(ROW)

ProcessINVENTORY COLLECTION

PAR must be > 4’

Slope must be < 8.33%

Cross Slope must be < 2%

Minimum gap clearance widths

must be < .5”

Detectable warnings

Landing pads, accessibility

Lack of ramps

Obstructions

Examples: Types of Deficiencies

Vertical discontinuity Horizontal discontinuity

Cross slope Cracking

Examples: Types of Deficiencies

Ponding Vegetation

Spalling Vertical Slope

Ramps & Curbs

Data collected

Condition

Dome type

Landing size

Ramp type

Slope

Detectable warning

system

Maintenance issues

Vertical discontinuity

Gaps

Steep cross slope

Cracking

Standing water

Vegetation

Spalling

Ramps & Curbs Condition Rating1 – 4 scale of severity, based on:

1: Uniform slopes, no noticeable cracks, no vertical discontinuities, no

spalling, joints intact

2: Uniform slopes, some cracks, vertical discontinuities less than ¼”, no

spalling, joints intact

3: Gutter slope beyond flare flows back towards curb ramp at < 1.5%, some

large cracks and minor spalling, noticeable vertical discontinuities, joints

beginning to deteriorate

4: Gutter slope beyond flare flows back towards curb ramp at >1.5%, many

cracks, multi-directional, excessive spalling, excessive vertical discontinuities,

joints badly deteriorated, >1/2” vertical discontinuities

Sidewalks & Trails

Data collected Condition

Width

Slopes

Obstructions

Maintenance issues

Obstructions (hydrant, lighting/traffic signal, pole, manhole, water pipe, etc.)

Vertical discontinuity

Gaps

Steep cross slope

Cracking

Standing water

Vegetation

Spalling

Sidewalks & Trails Condition Rating

1 – 4 scale of severity, based on:

1: Sidewalk is smooth with no vertical discontinuities

2: Sidewalk has vertical discontinuities less than ½”, and the surface is

passable

3: Sidewalk has vertical discontinuities more than ½”

4: Sidewalk has crumbling, has many cracks, and is unpassable for

wheelchairs in many spots

Crosswalks, Traffic Signals, & Transit Facilities

Crosswalks evaluated for general condition. Marked crosswalks

assessed for marking visibility issues

Traffic Signals inventoried for Accessible Pedestrian Signal (APS)

availability, walk signal availability or countdown timers, and push

button location/accessibility

Transit stops and shelters inventoried for location and accessibility.

Inventory included type of stop (sign, shelter, bench, etc.),

dimensions and slope of the boarding area (if present), connection

to PAR, and general condition rating

ProcessINVENTORY COLLECTION

GPS technology used to collect field data

Imported into Esri ArcGIS for analysis, creation of

geodatabase

Trimble Geo7x and Trimble R2

GPS points collected on county coordinate grid, horizontal

accuracy less than one foot

Photographs assigned per incidence

Trimble R2

Trimble Geo7x

Geodatabase Management System

Overhead Incident photo

ProcessPUBLIC ENGAGEMENT

Per ADA Title II, required to provide equal opportunity to participate in Self-Evaluation and ADA Transition Plan by submitting comments on the process and outcomes

Project website w/ Grievance Form

Websites for each MAPO partner

News releases/social media

Newsletter

Email list

Process

Agency Kickoff Meetings

General Stakeholder Meetings

Jurisdictional Policy Board meetings

SMILES Center for Independent Living

Supportive Housing Complex Meeting

Eagle Lake Seniors Group

Open House: Mankato City Hall

Eagle Lake City Council Presentation

Recurring MAPO and partner

agency project management

meetings & conference calls

PUBLIC ENGAGEMENT

Process

Participants at public meetings discussed ADA law requiring MAPO &

partner agencies to complete the ADA Transition Plan & Inventory

Provided feedback to help project staff identify locations of barriers to

accessibility

Table maps

Informational boards

Purpose and Need

Schedule

Ped Ramp elements

Code of Federal Regulations

PUBLIC ENGAGEMENT

Requests for bus shelters

Detectable warnings on the sides of sidewalks

Involvement of neighborhood associations in identifying/reporting

problem areas

Failure to clear sidewalks of snow

Requests for handrails, shallower slopes

Damage to sidewalks caused by tree roots/plant growth

Public Engagement Results (select)

Policy & Practice Review

Title II requires Self-Evaluation of policies, practices, and programs

Include any policies, guidance, or directives that inform staff activities

or construction specifications

Goal - verify that, in implementing policies and practices, agencies are

providing accessibly that does not adversely affect the full

participation of individuals with disabilities

Examples:

City codes, relevant plans, ordinances, zoning, cooperative construction

agreements, advisory guidance, etc.

Policy & Practice Review

Results of Policy & Practices review include:

Suggestion to amend a member agency’s policy to include a definition of the word “maintenance” to describe actions performed that ensure ADA compliance and/or access for all users

Amend a member agency’s Comprehensive Plan Update to include language that ensures pedestrian facilities are designed and constructed to provide full access for all users

Amend a plan to include language considering adherence to ADA standards and guidance as outlined in the PROWAG and MnDOT for ADA facility construction and reconstruction

Implementation

Adoption/integration of plan(s) by partner agencies

Designation of priorities

Rank by type/purpose of building and/or infrastructure, incident rating, location, PAR, concurrent or future projects

Project scheduling/coordination

Budgeting

Must do

Want to do

Can do

Designation of Priorities

High Priority

Infrastructure servicing facilities including gov’t, DMVs, license

bureaus, public libraries, public & private primary & secondary

schools, hospitals, health clinics/centers, public housing, homeless

shelters, transportation hubs, parks, polling locations

Medium Priority

Central business districts, shopping malls, churches/places of

worship, major employment sites, housing complexes/apartments

Lower Priority

Single-family residential areas, industrial areas, other areas not

classified

Scheduling

MAPO member agencies will utilize two methods for upgrading facilities:

Method One

Scheduled street and utility improvement projects. All pedestrian facilities impacted by these projects will be upgraded to current ADA standards.

Method Two

Stand alone sidewalk and ADA accessibility improvement projects. These projects will be incorporated into Capital Improvement Programs on a case-by-case basis.

Budgeting

Vary on project type, size, individual circumstances

Integrate project costs into long-and medium-term budgets

including Capital Improvements Programs (CIPs)

Planning level costs provided

Current and future progress Agency-specific ADA Coordinators being assigned

Agency-specific grievance procedures in development, will be adopted

by respective agencies

Continued collaboration with public and between member agencies

Continued monitoring, update to Transition Plan(s) as needed

Unifying approach to ADA compliance within MAPO area

Questions & Contact

Paul Vogel

Executive Director

Charles Androsky

Transportation Planner

pvogel@mankatomn.gov

(507) 340-3733

candrosky@mankatomn.gov

(507) 387-8389