1. 1 ADA Compliance: Self-evaluations and Transition Plans APA Minnesota State Conference September 28, 2011 Hennepin County’s Experience

2. 2 Hennepin County Population: 1.15 mil. Urban metro area –Minneapolis –First ring suburbs Suburbs –Second ring suburbs Rural –Beyond suburbs Diversity in its people, population density, land use, and infrastructure

3. 3 Hennepin County Transportation Department Roadways –573 centerline miles –1,679 lane-miles –> 2 billion vehicle-miles-traveled 775 Traffic Signals 908 Bicycle System Miles -planned 543 Bicycle System Miles -built Sidewalks –226 miles of county roads have sidewalk 11,000 Curb Ramps

4. 4 Presentation Overview Hennepin County – a little context History - Transition Plans, county compliance Hennepin County Steps to Compliance Complete Streets Costs Takeaways Why is this important to planners?

5. 5 It’s 2011 – Where are the Transition Plans? Transition Plans Due ~1992 Then –Design guidance and standards unavailable or incomplete for public rights of Way Now –More technical guidance, expectations of accessibility, and guidelines for enforcement –Public expectation of greater accessibility

6. 6 A Brief History of Hennepin County’s ADA Compliance Transition Plan (buildings and grounds) – 1990s 1993 and 1997 Pedestrian Curb Ramp Projects Capital Projects (1990’s to today) Follow ADA 2009 – Present –Self-evaluation and Transition Plan for its public rights of way

7. 7 Complaint to FHWA - 1 Grievance filed with FHWA against MnDOT and local agencies alleging violations of ADA. 2009 - Discussions between the FHWA, MnDOT, and local agencies to resolve and respond to grievance

8. 8 Complaint to FHWA - 2 Hennepin County’s 1990s ADA Transition Plan was silent or incomplete in the area of the county’s public rights of way Because of this, in late 2009, Hennepin County Transportation begins an effort to formalize its ADA compliance efforts for its public rights of way.

9. 9 Hennepin’s Steps to Compliance Self-evaluation Transition Plan Education Infrastructure Engagement

10. 10 Self-evaluation …to perform a self-evaluation of its current policies, practices, and programs. This self-evaluation will identify what policies and practices impact accessibility … …the self-evaluation will examine the condition of the county’s built PCR/PAR environment and identify any needs for PCR/PAR infrastructure... These are requirements of 28 CFR 35.105

11. 11 Self-evaluation Pedestrian Curb Ramps Sidewalks Traffic Signals and APS Policies & Practices

12. 12 Self-evaluation Overview for Field Work –Student workers to collect data Curb ramps, sidewalks, traffic signals –Handheld data collection device (e.g. Trimble Juno SB) –Data evaluated by comparing to ADA standards

13. 13 Self-evaluation - Pedestrian Curb Ramps - 1 Data Collected –Pedestrian activity –Ramp type (diagonal, perpendicular, parallel, others) –Location (corner, median, mid-block, pork chop, etc.) –Detectable warning (present, condition)

14. 14 Self-evaluation - Pedestrian Curb Ramps - 2 Data Collected –Ramp width –Running slope –Cross-slope –Landing (4’X4’, slope, gutter condition, gutter slopes) –Photograph –Condition rating

15. 15 Self-evaluation - Sidewalks Data Collected –Pedestrian activity –Sidewalk width –Sidewalk running slope –Sidewalk cross-slope –Photograph –Condition rating Cross-slope? Curb return extends into pedestrian way

16. 16 Self-evaluation - Traffic Signals/APS Data Collected –Pedestrian activity –APS Present or not –Pedestrian signal head present, type –Pedestrian phase automatic, activated –Push button location signal pole, ped. station –Crosswalk type marked, unmarked

17. 17 Complete Streets Inventory - 1 A “high-level” inventory to answer the question, “what currently exists on our county roads?” –number of vehicle lanes –sidewalks –bike lanes –on street parking –signed bike routes –trails, multiuse trails –transit stops

18. 18 Complete Streets Inventory - 2 Why Mention in ADA Presentation –ADA and Complete Streets complement the other –Information gathered in CS inventory proved valuable when reporting to policy makers and elected officials on need for and scope of County ADA responsibilities

19. 19 Complete Streets Inventory - 3 Summary of ped. ramps for county roads 1 – 34 (~ ½ of system)

20. 20 Self-evaluation - Policies & Practices Review Policies & Practices –Department staff will review –How do they impact accessibility? favorable /unfavorable Policy Examples –Complete Streets Policy –Cost Participation Policy –Recommended Urban Landscape/Streetscape Guidelines

21. 21 Hennepin’s Steps to Compliance Self-evaluation Transition Plan Education Infrastructure Engagement

22. 22 Transition Plan - 1 Hennepin County Transportation is developing a Transition Plan According to 28 CFR 35.150(d) Draft Interim Transition Plan

23. 23 Transition Plan - 2 For Hennepin County, the Transition Plan will: 1) propose changes to those policies and practices …if any, that may limit accessibility and the full participation of individuals with disabilities, that were identified in the department’s self-evaluation…, 2) list any physical barriers to accessibility … that were identified in the department’s self-evaluation of its services,

24. 24 Continued: For Hennepin County, the Transition Plan will: 3) set out a plan which will describe in detail how the department will make the county’s services accessible and allow the opportunity for the full participation of individuals with disabilities, and 4) lay out a schedule for the implementation of any needed changes as identified in the department’s self-evaluation. This is a requirement of 28 CFR 35.150(d) Transition Plan - 3

25. 25 Self-Evaluation & Transition Plan Process Required by Law Hennepin County Approach -Emphasis on outreach to individuals with disabilities - Allow the public to participate by commenting at each step -Invite public to open house - Opportunity for public review and comment - Include an emphasis on outreach to individuals with disabilities Self- evaluation Transition Plan Interim Transition Plan Self- evaluation Final Transition Plan 2010 - 2011 Begin in 2011 expected after 2012 Complete Streets Inventory 2010

26. 26 Estimated Costs – Self-evaluation Cost of developing Self- evaluation work plan is paid by existing payroll budget for Transportation Department staff Only cost above existing budget will be for data collection work in the field CostsForNotes $64,000 - $96,000 Annual labor cost for initial data collection Anticipate using 2-3 teams consisting of 2 interns each ($16,000/intern /season) $1,200 (one time cost) Trimble Juno SB, GPS camera, smart level Equipment per team $5,000 (one time cost) Pathfinder SDK and Pathfinder Office Software for data collection and use

27. 27 Estimated Costs – Transition Plan Cost of writing Transition Plan –included in existing payroll budget for Transportation Department staff Using department staff to write plan Internal review and comment process Public review and comment

28. 28 Hennepin’s Steps to Compliance Self-evaluation Transition Plan Education Infrastructure Engagement

29. 29 Pedestrian Facility Design ADA Transition Plans Accessible Pedestrian Signals Temporary Pedestrian Access Routes ADA-Compliant Pedestrian Curb Ramps Education - Technical 28 CFR 35.151(a) - …shall be designed and constructed…

30. 30 Education - Technical

31. 31 Education – Diversity Diversity –Disabilities and different abilities Responding to the Public –Provide context –Listen People understand that you cannot always give them what they want, but they always want you to listen.

32. 32 Hennepin’s Steps to Compliance Self-evaluation Transition Plan Education Infrastructure Engagement

33. 33 Provide Infrastructure - 1 Capital Projects –All capital project are designed using current ADA standards, guidance, and best practices Annual Funding Dedicated to ADA Infrastructure –For 2012-2016 (requested) $200,000 - Sidewalks $600,000 – Ped. Ramps our capital program for 2011 - $56.6 million 2012-2015 - $184.4 million

34. 34 Provide Infrastructure - 2 2011 Pedestrian Curb Ramp Projects –One-time funding of federal dollars –Replace ~342 ped. ramps in Minneapolis Reasonable Accommodations After a Request –APS –Repair of pedestrian curb ramps

35. 35 Hennepin’s Steps to Compliance Self-evaluation Transition Plan Education Infrastructure Engagement

36. 36 Engagement – Open Houses 4 Open Houses in Early 2011 –Effort to invite individuals with disabilities –Engage public on ADA issues –Encouraged public to participate by commenting on Transition Plan –~50 attendees from public, disability groups, other agencies, etc

37. 37 Engagement – Grievance Procedure Grievance Procedure –28 CFR 35.107(b) –Formal process for public to seek prompt and equitable resolution of accessibility complaint, concern, comment, or other grievance

38. 38 Engagement – Grievance Procedure Open Door Policy –public can contact department staff at anytime to informally discuss an ADA or accessibility issues –Public does not always need to file a formal grievance to seek action or resolution of an issue –Public may still file a grievance at anytime

39. 39 Engagement Human Resources Policy Makers Assistant County Attorney County Administration Hennepin County Board

40. 40 Why Important to Planners? Contact with public Interactions with others: –Elected officials –Administration/policy makers –Engineers Infrastructure built with development Writing code/policy Understand the “Big Picture”

41. 41 Why Provide Accessibility? If you manage the public rights of way: –It’s the law under ADA –Benefits for the public –Benefits for individuals with disabilities (different abilities) –It’s the right thing to do

42. 42 Resource Documents 28 CFR 35 The ADA Title II Technical Assistance Manual Public Rights of Way Accessibility Guidelines (PROWAG) Minnesota Department of Transportation’s ADA Transition Plan Clarification on FHWA’s Oversight Role in Accessibility Questions and Answers About ADA/Section 504 A Guide to Disability Rights Laws

43. 43 Questions Contact: Peter M Lemke, P.E. Senior Transportation Engineer Hennepin County Transportation Department 1600 Prairie Drive | Medina, MN 55340 Office 612 596 0394 | Blackberry 612 990 0654 pete.lemke@co.hennepin.mn.us pete.lemke@co.hennepin.mn.us