HomeMy WebLinkAboutItem 7City of Lakeville
Public Works
Memorandum
To: Mayor and Members of the City Council
Justin Miller, City Administrator
From: Paul Oehme, Public Works Director
Date: May 28,2019
Subject: ADA Transition Plan
PURPOSE
Review the draft ADA Transition plan with the City Council.
BACKGROUND
The Americans with Disabilities Act (ADA), enacted on July 26, 1990, is a civil rights law
prohibiting discrimination against individuals based on disability. Title II of ADA pertains to
the programs, activities and services public entities provide. As a provider of public
transportation services and programs, the City of Lakeville must comply with this section of
the Act as it specifically applies to public service agencies.
As required by Title II of ADA, 28 CFR. Part 35 Sec. 35.105 and Sec. 35.150, the City of Lakeville
has conducted a self-evaluation of its pedestrian facilities within public rights-of-way and has
developed a draft Transition Plan detailing how the City will ensure that those facilities are
accessible to all individuals. The evaluation of pedestrian facilities consisted of the evaluation
of pedestrian ramps at intersections that include trail or sidewalk and traffic signals systems.
A detailed evaluation on how these facilities relate to ADA standards including maps showing
how the pedestrian ramp and traffic control signal system facilities are categorized are
included in the plan.
Staff is proposing to utilize two methods for upgrading pedestrian facilities to the current
ADA standards. The first is to include the upgrading the pedestrian facilities with street and
utility improvement projects. All pedestrian facilities impacted by these projects will be
upgraded to current ADA accessibility standards. The second method includes standalone
sidewalk and ADA accessibility improvement projects. These projects will be incorporated
into the capital improvement plan on a case by case basis. Many other agencies are
responsible for pedestrian facilities within the jurisdiction of the City of Lakeville, including
Dakota County and MNDOT. The City will coordinate with those agencies to track and assist in
eliminating accessibility barriers along their routes and/or associated with their services.
The Transition Plan has been created to specifically cover accessibility within the public rights
of way and does not include information on City programs, practices, or building facilities not
related to public rights of way. Areas outside the public right of way will be covered under
another plan.
An open house is scheduled for June 4th to obtain community input. This item will then be
placed on a future City Council agenda for consideration of formally adopting the plan.
Attached: Draft ADA Transition Plan
City of Lakeville ADA Transition Plan
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TABLE OF CONTENTS
INTRODUCTION ............................................................................................................................................. 2
Transition Plan Need and Purpose ............................................................................................................ 2
ADA and its Relationship to Other Laws ................................................................................................... 2
Agency Requirements ............................................................................................................................... 3
SELF-EVALUATION CONDITION ASSESSMENT............................................................................................... 4
Overview ................................................................................................................................................... 4
Summary ................................................................................................................................................... 4
POLICIES AND PRACTICES.............................................................................................................................. 6
Previous Practices ..................................................................................................................................... 6
Policy ......................................................................................................................................................... 6
ADA COORDINATOR ...................................................................................................................................... 7
IMPROVEMENT SCHEDULE ........................................................................................................................... 7
Priority Areas ............................................................................................................................................ 7
External Agency Coordination .................................................................................................................. 7
Schedule .................................................................................................................................................... 7
IMPLEMENTATION SCHEDULE ...................................................................................................................... 8
Methodology ............................................................................................................................................. 8
PUBLIC OUTREACH ........................................................................................................................................ 8
GRIEVANCE PROCEDURE ............................................................................................................................... 9
MONITOR THE PROGRESS ............................................................................................................................. 9
APPENDICES
A. Glossary of Terms
B. Self-Evaluation and Prioritization Summary
C. Agency ADA Design Standards and Procedures
D. ADA Coordinator
E. Public Outreach Materials
F. ADA Public Notice
G. Grievance Procedure
H. Complaint Form
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INTRODUCTION
Transition Plan Need and Purpose
The Americans with Disabilities Act (ADA), enacted on July 26, 1990, is a civil rights law
prohibiting discrimination against individuals on the basis of disability. ADA consists of five
titles outlining protections in the following areas:
I. Employment
II. State and local government services
III. Public accommodations
IV. Telecommunications
V. Miscellaneous Provisions
Title II of ADA pertains to the programs, activities and services public entities provide. As a
provider of public transportation services and programs, the City of Lakeville must comply with
this section of the Act as it specifically applies to public service agencies. Title II of ADA
provides that, “…no qualified individual with a disability shall, by reason of such disability, be
excluded from participation in or be denied the benefits of the services, programs, or activities
of a public entity, or be subjected to discrimination by any such entity.” (42 USC. Sec. 12132; 28
CFR. Sec. 35.130)
As required by Title II of ADA, 28 CFR. Part 35 Sec. 35.105 and Sec. 35.150, the City of Lakeville
has conducted a self-evaluation of its facilities within public rights of way and has developed
this Transition Plan detailing how the organization will ensure that those facilities are accessible
to all individuals. A glossary of terms is included in Appendix A.
This Transition Plan has been created to specifically cover accessibility within the public rights
of way and does not include information on City programs, practices, or building facilities not
related to public rights of way.
ADA and its Relationship to Other Laws
Title II of ADA is companion legislation to two previous federal statutes and regulations: the
Architectural Barriers Acts of 1968 and Section 504 of the Rehabilitation Act of 1973.
The Architectural Barriers Act of 1968 is a Federal law that requires facilities designed, built,
altered or leased with Federal funds to be accessible. The Architectural Barriers Act marks one
of the first efforts to ensure access to the built environment.
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Section 504 of the Rehabilitation Act of 1973 is a Federal law that protects qualified individuals
from discrimination based on their disability. The nondiscrimination requirements of the law
apply to employers and organizations that receive financial assistance from any Federal
department or agency. Title II of ADA extended this coverage to all state and local government
entities, regardless of whether they receive federal funding or not.
Agency Requirements
Under Title II, the City of Lakeville must meet these general requirements:
• Must operate their programs so that, when viewed in their entirety, the programs are
accessible to and useable by individuals with disabilities (28 CFR Sec. 35.150).
• May not refuse to allow a person with a disability to participate in a service, program or
activity simply because the person has a disability (28 CFR Sec. 35.130 (a).
• Must make reasonable modifications in policies, practices and procedures that deny
equal access to individuals with disabilities unless a fundamental alteration in the
program would result (28 CFR Sec. 35.130(b) (7).
• May not provide services or benefits to individuals with disabilities through programs
that are separate or different unless the separate or different measures are necessary to
ensure that benefits and services are equally effective (28 CFR Sec. 35.130(b)(iv) & (d).
• Must take appropriate steps to ensure that communications with applicants,
participants and members of the public with disabilities are as effective as
communications with others (28 CFR Sec. 35.160(a).
• Must designate at least one responsible employee to coordinate ADA compliance [28
CFR Sec. 35.107(a)]. This person is often referred to as the "ADA Coordinator." The
public entity must provide the ADA coordinator's name, office address, and telephone
number to all interested individuals [28 CFR Sec. 35.107(a)].
• Must provide notice of ADA requirements. All public entities, regardless of size, must
provide information about the rights and protections of Title II to applicants,
participants, beneficiaries, employees, and other interested persons [28 CFR Sec.
35.106].
• Must establish a grievance procedure. Public entities must adopt and publish grievance
procedures providing for prompt and equitable resolution of complaints [28 CFR Sec.
35.107(b)]. This requirement provides for a timely resolution of all problems or conflicts
related to ADA compliance before they escalate to litigation and/or the federal
complaint process.
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SELF-EVALUATION CONDITION ASSESSMENT
Overview
The City of Lakeville is required, under Title II of the Americans with Disabilities Act (ADA) and
28 CFR 35.105, to perform a self-evaluation of its current transportation infrastructure policies,
practices, and programs. This self-evaluation will identify what policies and practices impact
accessibility and examine how the City implements these policies.
The goal of the self-evaluation is to verify that, in implementing the City’s policies and practices,
the department is providing accessibility and not adversely affecting the full participation of
individuals with disabilities.
The self-evaluation also examines the condition of the City’s Pedestrian Circulation
Route/Pedestrian Access Route) (PCR/PAR) and identifies potential need for PCR/PAR
infrastructure improvements. This includes consideration of pedestrian curb ramps and traffic
control signals that are located within the City rights of way. Any barriers to accessibility
identified in the self-evaluation and the remedy to the identified barrier are set out in this
transition plan.
Summary
In 2017 and 2018, the City of Lakeville conducted an inventory of pedestrian facilities within its
public right of way consisting of the evaluation of the following facilities:
• Pedestrian Ramps at intersections that include trail or sidewalk facilities
• Traffic Signals Systems
Pedestrian ramps were assessed and categorized into three condition rating tiers:
1. Tier 1: largely or fully compliant.
2. Tier 2: substantially compliant and working well.
3. Tier 3: several elements are not compliant.
Traffic signal systems were assessed and categorized into three condition rating tiers:
Condition Rating for Signal Elements by Ramps at Corner
1. Tier 1: all signal elements are largely or fully compliant
2. Tier 2: no more than one signal element is non-compliant
3. Tier 3: two or more signal elements are non-compliant
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Condition Rating for Signalized Intersections
1. Tier 1: all signal elements for intersection are largely or fully compliant
2. Tier 2: no more than one signal element for intersection is non-compliant
4. Tier 3: two or more signal elements for intersection are non-compliant
A detailed evaluation on how these facilities relate to ADA standards including maps showing
how the pedestrian ramp and traffic control signal system facilities are categorized can be found
on the City’s website, detailed in Appendix B, and will be updated periodically.
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POLICIES AND PRACTICES
Previous Practices
Since the adoption of the ADA, the City of Lakeville has striven to provide accessible pedestrian
features as part of the City capital improvement plan projects. As additional information was
made available as to the methods of providing accessible pedestrian features, the City has
updated their procedures to accommodate these methods. Recently, more standardized
design and construction methods have evolved. This has resulted in the ability of local agencies
to receive additional exposure and training on accessible features. This has improved an
agency’s ability to understand available options and to explore the feasibility of implementing
accessibility improvements. This information also assists in providing guidance for developing
transition plans.
Policy
The City of Lakeville will inspect, inventory and plan for any required improvements to facilities
located in the public right-of-way, to ensure compliance with the ADA. The City’s goal is to
continue to provide accessible pedestrian design features as part of the City capital
improvement projects. The City has established ADA design standards and procedures as
detailed in Appendix C. These standards and procedures will be kept up to date with
nationwide and local best management practices.
The City of Lakeville will consider and respond to all accessibility improvement requests.
Requests should be sent to the ADA Coordinator as specified in Appendix D. All accessibility
improvements that have been deemed reasonable will be scheduled consistent with
transportation priorities. The City will coordinate with external agencies as necessary to ensure
that all new or altered pedestrian facilities within the City jurisdiction are ADA compliant to the
maximum extent feasible.
Maintenance of pedestrian facilities within the public right of way will continue to follow the
policies set forth by the City.
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ADA COORDINATOR
The public is strongly encouraged to contact the ADA Coordinator to discuss any concerns
regarding City facilities prior to starting the formal grievance process provided in this plan. It is
anticipated most accessibility issues, once identified, will be able to be satisfactorily addressed
by the ADA Coordinator.
In accordance with 28 CFR 35.107(a), the City of Lakeville has identified an ADA Title II
Coordinator to oversee the City policies and procedures. It is the responsibility of the ADA
Coordinator to implement this policy. Contact information for this individual is located in
Appendix D.
IMPROVEMENT SCHEDULE
Priority Areas
The City of Lakeville will generally prioritize for planned accessibility improvement projects
based on the need for overall street improvements. Other considerations will include the
proximity to specific land uses which typically generate higher volumes of pedestrian traffic
such as schools, government offices and medical facilities, as well as from the receipt of public
comments.
Additional priority will be given to any location where an improvement project or alteration
was constructed after January 26, 1991, and accessibility features were omitted.
External Agency Coordination
Many other agencies are responsible for pedestrian facilities within the jurisdiction of the City
of Lakeville, including Dakota County and MNDOT. The City will coordinate with those agencies
to track and assist in the facilitation of the elimination of accessibility barriers along their routes
and/or associated with their services.
Schedule
The City of Lakeville has set the following schedule goals for improving the accessibility of its
pedestrian facilities within the City jurisdiction:
• Traffic control signal system pedestrian features will be addressed through the Capital
Improvement Plan (CIP) and street improvement plans to coordinate improvements.
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• Facilities with condition ratings in Tier 2. These facilities are considered serviceable and
are not in need of immediate action. Improvements for these facilities will be addressed
in conjunction with adjacent capital improvement projects. Staff will use the CIP and
long-range street improvement plans to coordinate these improvements.
• Facilities with condition ratings in Tier 3. Any of these facilities identified as an existing
hazard or compliance issue that staff believes needs to be addressed by a set date shall
have a work order initiated or be incorporated into a project in the CIP.
• After 20 years, a minimum of 80% of accessibility features within the jurisdiction of the
City of Lakeville will be ADA compliant. The remaining 20% would include the Tier 2
locations that have not had an adjacent road project within the 20-year period.
IMPLEMENTATION SCHEDULE
Methodology
The City of Lakeville will utilize two methods for upgrading pedestrian facilities to the current
ADA standards. The first and most comprehensive of the two methods are the scheduled street
and utility improvement projects. All pedestrian facilities impacted by these projects will be
upgraded to current ADA accessibility standards. The second method includes standalone
sidewalk and ADA accessibility improvement projects. These projects will be incorporated into
the street improvement plan on a case by case basis as determined by City of Lakeville staff, or
may be completed by internal City forces. The street improvement plan includes a detailed
schedule and budget for specific improvements.
PUBLIC OUTREACH
The City of Lakeville recognizes that public participation is an important component in the
development of this plan. Input from the community has been gathered and used to help
define priority areas for improvements within the jurisdiction of the City of Lakeville. Materials
presented at the public meeting are included in Appendix F.
Public outreach for the creation of this document consisted of the following:
• City Council Work Session - November 13, 2018.
• The City’s ADA Title II Coordinator will continue to be available for questions or
discussion.
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GRIEVANCE PROCEDURE
Under the Americans with Disabilities Act, each agency is required to publish its responsibilities
regarding the ADA. A draft of this public notice is provided in Appendix G. If users of City of
Lakeville public right of way facilities and services believe the City has not provided reasonable
accommodation, they have the right to file a grievance.
In accordance with 28 CFR 35.107(b), the City has developed a grievance procedure for the
prompt and equitable resolution of citizens’ complaints, concerns, comments, and other
grievances. This grievance procedure is outlined in Appendix G, with a Complaint Form in
Appendix H.
MONITOR THE PROGRESS
This document, including the Appendices, will be updated as conditions within the City evolve.
With each main body update, a public comment period will be established to continue the
public outreach.
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APPENDICES
A. Glossary of Terms
B. Self-Evaluation and Prioritization Summary
C. Agency ADA Design Standards and Procedures
D. ADA Coordinator
E. Public Outreach Materials
F. ADA Public Notice
G. Grievance Procedure
H. Complaint Form
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ADA Transition Plan for Public Rights of Way
Appendix A – Glossary of Terms
ABA: See Architectural Barriers Act.
ADA: See Americans with Disabilities Act.
ADA Transition Plan: The City of Lakeville’s transportation system plan that identifies
accessibility needs, the process to fully integrate accessibility improvements into the street
improvement plan, and ensures all transportation facilities, services, programs, and activities
are accessible to all individuals.
ADAAG: See Americans with Disabilities Act Accessibility Guidelines.
Accessible: A facility that provides access to people with disabilities using the design
requirements of the ADA.
Accessible Pedestrian Signal (APS): A device that communicates information about the WALK
phase in audible and vibro-tactile formats.
Alteration: A change to a facility in the public right-of-way that affects or could affect access,
circulation, or use. An alteration must not decrease or have the effect of decreasing the
accessibility of a facility or an accessible connection to an adjacent building or site.
Americans with Disabilities Act (ADA): The Americans with Disabilities Act; Civil rights
legislation passed in 1990 and effective July 1992. The ADA sets design guidelines for
accessibility to public facilities, including sidewalks and trails, by individuals with disabilities.
Americans with Disabilities Act Accessibility Guidelines (ADAAG): contains scoping and
technical requirements for accessibility to buildings and public facilities by individuals with
disabilities under the Americans with Disabilities Act (ADA) of 1990.
APS: See Accessible Pedestrian Signal.
Architectural Barriers Act (ABA): Federal law that requires facilities designed, built, altered or
leased with Federal funds to be accessible. The Architectural Barriers Act marks one of the first
efforts to ensure access to the built environment.
Capital Improvement Program (CIP): The CIP includes an annual capital budget and a five-year
plan for funding the new construction and reconstruction projects on the City’s transportation
system.
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ADA Transition Plan for Public Rights of Way
Condition Rating for Pedestrian Curb Ramps
Tier 1: largely or fully compliant – Good
(condition rating 1 or 2, all elements are compliant)
Tier 2: substantially compliant and working well – Fair
(condition rating 1 or 2, no more than on element is non-compliant)
Tier 3: several elements are non-compliant – Poor
(condition rating 3 or condition rating 1 or 2 with two or more elements non-compliant)
Condition Rating for Signal Elements by Ramps at Corner
Tier 1: all signal elements are largely or fully compliant – Good
Tier 2: no more than one signal element is non-compliant – Fair
Tier 3: two or more signal elements are non-compliant – Poor
Condition Rating for Signalized Intersections
Tier 1: all signal elements for intersection are largely or fully compliant – Good
Tier 2: no more than one signal element for intersection is non-compliant – Fair
Tier 3: two or more signal elements for intersection are non-compliant – Poor
Detectable Warning: A surface feature of truncated domes built in or applied to the walking
surface to indicate an upcoming change from pedestrian to vehicular way.
DOJ: See United States Department of Justice
Federal Highway Administration (FHWA): A branch of the US Department of Transportation
that administers the federal-aid Highway Program, providing financial assistance to states to
construct and improve highways, urban and rural roads, and bridges.
FHWA: See Federal Highway Administration
Pedestrian Access Route (PAR): A continuous and unobstructed walkway within a pedestrian
circulation path that provides accessibility.
Pedestrian Circulation Route (PCR): A prepared exterior or interior way of passage provided
for pedestrian travel.
PROWAG: An acronym for the Public Rights-of-Way Accessible Guidelines issued in 2005 by the
U. S. Access Board. This guidance addresses roadway design practices, slope, and terrain related
to pedestrian access to walkways and streets, including crosswalks, curb ramps, street
furnishings, pedestrian signals, parking, and other components of public rights-of-way.
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ADA Transition Plan for Public Rights of Way
Right of Way: A general term denoting land, property, or interest therein, usually in a strip,
acquired for the network of streets, sidewalks, and trails creating public pedestrian access
within a public entity’s jurisdictional limits.
Section 504: The section of the Rehabilitation Act that prohibits discrimination by any program
or activity conducted by the federal government.
Uniform Accessibility Standards (UFAS): Accessibility standards that all federal agencies are
required to meet; includes scoping and technical specifications.
United States Access Board: An independent federal agency that develops and maintains
design criteria for buildings and other improvements, transit vehicles, telecommunications
equipment, and electronic and information technology. It also enforces accessibility standards
that cover federally funded facilities.
United States Department of Justice (DOJ): The United States Department of Justice (often
referred to as the Justice Department or DOJ), is the United States federal executive
department responsible for the enforcement of the law and administration of justice.
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ADA Transition Plan for Public Rights of Way
Appendix B – Self-Evaluation and Prioritization Summary
The City of Lakeville is committed to making investments to improve accessibility within the City
public right of way. A systematic approach to providing accessibility will be taken to absorb the
cost into the City of Lakeville’s program for improvements to the public right of way.
A summary of pedestrian curb ramps and traffic signal systems evaluated follows.
The maps included herein showing how the pedestrian ramps and traffic signal systems are
categorized and can also be found at https://lakevillemn.gov/
Pedestrian Curb Ramps
Condition Rating for Pedestrian Ramps (2587)
• Tier 1: largely or fully compliant = 708
• Tier 2: substantially compliant and working well = 1608
• Tier 3: several elements are not compliant = 271
Good,
708
Fair,
1608
Poor,
271
Pedestrian Ramp Tier Ratings
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ADA Transition Plan for Public Rights of Way
Traffic Control Signal Systems
Four traffic signal systems within the City right of way were inventoried and assessed. Tier
ratings have been assigned for the overall signal systems and for ramps corners at the
signalized intersections.
Condition Rating for Signalized Intersection (4)
• Tier 1: all signal elements for intersection are largely or fully compliant = 1
• Tier 2: no more than one signal element for intersection is non-compliant = 0
• Tier 3: two or more signal elements for intersection are non-compliant = 3
Good , 1
Poor, 3
Signalized Intersection Tier Ratings
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ADA Transition Plan for Public Rights of Way
Condition Rating for Signal Elements (push buttons, accessibility and ten-foot separation) by
Ramps at Signalized Intersections (123).
• Tier 1: all signal elements related to ramp are largely or fully compliant = 66
• Tier 2: no more than two signal elements related to ramp are non-compliant = 48
• Tier 3: more than two signal elements related to ramp are non-compliant = 9
Good, 8
Fair, 8
Signal Element Tier Ratings
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ADA Transition Plan for Public Rights of Way
Appendix C – Agency ADA Design Standards and Procedures
Design Procedures
Intersection Corners
The City of Lakeville intends to construct or upgrade curb ramps to achieve compliance as part
of its capital improvement projects. There may be limitations which make it technically
infeasible for an intersection corner to achieve full accessibility within the scope of any project.
Those limitations will be noted, and those intersection corners will remain on the transition
plan. As future projects or opportunities arise, those intersection corners shall continue to be
incorporated into future work. Regardless of whether full compliance can be achieved or not,
each intersection corner shall be made as compliant as possible in accordance with the
judgment of City staff.
Sidewalks / Trails
The City of Lakeville will evaluate and attempt to construct or upgrade sidewalks and trails to
achieve compliance as part of capital improvement projects. There may be limitations which
make it technically infeasible for segments of sidewalks or trails to achieve full accessibility
within the scope of any project. Those limitations will be noted, and those segments will remain
on the transition plan. As future projects or opportunities arise, those segments shall continue
to be incorporated into future work. Regardless of whether full compliance can be achieved or
not, every sidewalk or trail shall be made as compliant as possible in accordance with the
judgment of City staff.
Traffic Control Signals
The City of Lakeville will attempt to construct or upgrade traffic control signals to achieve
compliance as part of capital improvement projects. There may be limitations which make it
technically infeasible for individual traffic control signal locations to achieve full accessibility
within the scope of any project. Those limitations will be noted, and those locations will remain
on the transition plan. As future projects or opportunities arise, those locations shall continue
to be incorporated into future work. Regardless of whether full compliance can be achieved or
not, each traffic signal control location shall be made as compliant as possible in accordance
with the judgment of City staff.
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ADA Transition Plan for Public Rights of Way
Bus Stops & Transit Facilities
City staff will work with any transit agencies to ensure future facilities which may be located
within City of Lakeville rights-of-way meet all appropriate accessibility standards to the extent
practical and feasible.
Other policies, practices and programs
Policies, practices and programs not identified in this document will follow the applicable ADA
standards.
Design Standards
The City of Lakeville generally follows the guidelines identified in PROWAG when practical and
feasible.
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ADA Transition Plan for Public Rights of Way
Appendix D – Contact Information
Public Right of Ways
ADA Title II Coordinator & Implementation Coordinator
Name: Zachary Johnson
Or current City Engineer
Address: 20195 Holyoke Avenue
Lakeville, MN 55044
Phone: 952.985.4500
Fax: 952.985.4499
E-mail: adacoordinator@lakevillemn.gov
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ADA Transition Plan for Public Rights of Way
Appendix E – Public Outreach Material
The following pages includes the presentation materials from the public meeting.
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ADA Transition Plan for Public Rights of Way
INSERT PRESENTATION MATERIALS HERE.
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ADA Transition Plan for Public Rights of Way
Appendix F – ADA Public Notice
As part of the ADA requirements the City has posted the following notice outlining its ADA
requirements:
Public Notice
In accordance with the requirements of title II of the Americans with Disabilities Act of 1990,
The City of Lakeville will not discriminate against qualified individuals with disabilities on the
basis of disability in City services, programs, or activities.
Employment: The City does not discriminate on the basis of disability in its hiring or
employment practices and complies with all regulations promulgated by the U.S. Equal
Employment Opportunity Commission under title I of the Americans with Disabilities Act (ADA).
Effective Communication: The City will generally, upon request, provide appropriate aids and
services leading to effective communication for qualified persons with disabilities so they can
participate equally in the City’s programs, services, and activities, including qualified sign
language interpreters, documents in Braille, and other ways of making information and
communications accessible to people who have speech, hearing, or vision impairments.
Modifications to Policies and Procedures: The City will make all reasonable modifications to
policies and programs to ensure that people with disabilities have an equal opportunity to
enjoy all City programs, services, and activities. For example, individuals with service animals
are welcomed in City offices, even where pets are generally prohibited.
Anyone who requires an auxiliary aid or service for effective communication, or a modification
of policies or procedures to participate in a City program, service, or activity, should contact the
office of the ADA Coordinator (see Appendix D) as soon as possible but no later than 48 hours
before the scheduled event.
The ADA does not require the City to take any action that would fundamentally alter the nature
of its programs or services or impose an undue financial or administrative burden.
The City will not place a surcharge on a particular individual with a disability or any group of
individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable
modifications of policy, such as retrieving items from locations that are open to the public but
are not accessible to persons who use wheelchairs.
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ADA Transition Plan for Public Rights of Way
Appendix G – Grievance Procedure
Prior to filing a grievance, the public is strongly encouraged to contact the ADA Coordinator to
discuss any concerns regarding City facilities. The ADA Coordinator role is designed to provide a
point of contact for the public to address concerns. It is anticipated most accessibility issues,
once identified, will be able to be satisfactorily addressed by the ADA Coordinator.
Contact information for the ADA coordinator can be found in Appendix D of this document.
City of Lakeville
Grievance Procedure under The Americans With Disabilities Act
This Grievance Procedure is established to meet the requirements of the Americans with
Disabilities Act of 1990 ("ADA"). It may be used by anyone who wishes to file a complaint
alleging discrimination on the basis of disability in the provision of services, activities, programs,
or benefits by City of Lakeville Public Works. The City’s Personnel Policy governs employment-
related complaints of disability discrimination.
The complaint should be in writing and contain information about the alleged discrimination
such as name, address, phone number of complainant and location, date, and description of
the problem. Alternative means of filing complaints, such as personal interviews or a tape
recording of the complaint will be made available for persons with disabilities upon request.
The complaint should be submitted by the grievant and/or their designee as soon as possible
but no later than 60 calendar days after the alleged violation to the ADA Coordinator. Contact
information can be found in Appendix D of this document.
Within fifteen working days after receipt of the complaint, the ADA Coordinator or their
designee will meet with the complainant to discuss the complaint and the possible resolutions.
Within fifteen working days of the meeting, the ADA Coordinator or their designee will respond
in writing, and where appropriate, in a format accessible to the complainant, such as large
print, or audio tape. The response will explain the position of the City and offer options for
substantive resolution of the complaint.
If the response by the ADA Coordinator or their designee does not satisfactorily resolve the
issue, the complainant and/or their designee may appeal the decision within 30 calendar days
after receipt of the response to the Public Works Director or his/her designee.
Within thirty calendar days after receipt of the appeal, the Public Works Director or his/her
designee will meet with the complainant to discuss the complaint and possible resolutions.
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ADA Transition Plan for Public Rights of Way
Within thirty calendar days after the meeting, the Public Works Director or his/her designee will
respond in writing, and, where appropriate, in a format accessible to the complainant, with a
final resolution of the complaint.
All written complaints received by the ADA Coordinator or their designee, appeals to the Public
Works Director or his/her designee, and responses from these two offices will be retained by
the City in accordance with state and federal law.
City of Lakeville Grievance Procedure
Those wishing to file a formal written grievance with the City of Lakeville may do so by one of
the following methods:
• Internet
Visit the City of Lakeville ADA webpage at https://lakevillemn.gov/ and click the link to
the ADA Grievance Form. A copy of The ADA Complaint Form is included with this
document in Appendix I.
• Telephone
Contact the ADA Coordinator as specified in Appendix D to submit an oral grievance.
The ADA Coordinator will prepare and submit the grievance form on behalf of the
person filing the grievance.
• Paper Submittal
Contact the ADA Coordinator as specified in Appendix D to request a paper copy of the
grievance form, complete the form, and submit it to the ADA Coordinator.
The ADA Grievance Form will ask for the following information:
• The name, address, telephone number, and email address for the person filing the
grievance
• The name, address, telephone number, and email address for the person alleging an
ADA violation (if different than the person filing the grievance)
• A description and location of the alleged violation and the nature of a remedy sought, if
known by the complainant.
• If the complainant has filed the same complaint or grievance with the United States
Department of Justice (DOJ), another federal or state civil rights agency, a court, or
others, the name of the agency or court where the complainant filed it and the filing
date.
If the grievance filed does not concern a City of Lakeville facility, the City will work with the
complainant to contact the agency that has jurisdiction.
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ADA Transition Plan for Public Rights of Way
A City of Lakeville staff person will conduct an investigation necessary to determine the validity
of the alleged violation. As a part of the investigation, the staff person may conduct an
engineering study to help determine the response. The staff person will take advantage of
department resources and use engineering judgment, data collected, and any information
submitted by the resident to develop a conclusion. A staff person will be available to meet with
the complainant to discuss the matter as a part of the investigation and resolution of the
matter. The City will document each resolution of a filed grievance and retain such
documentation in the ADA Complaint file in accordance with state and federal law.
The City will consider all specific grievances within its particular context or setting.
Furthermore, the City will consider many varying circumstances including: 1) the nature of the
access to services, programs, or facilities at issue; 2) the specific nature of the disability; 3) the
essential eligibility requirements for participation; 4) the health and safety of others: and 5) the
degree to which an accommodation would constitute a fundamental alteration to the program,
service, or facility, or cause an undue hardship to the City of Lakeville.
Accordingly, the resolution by the City of Lakeville of any one grievance does not constitute a
precedent upon which the City is bound or upon which other complaining parties may rely.
File Maintenance
The City shall maintain ADA grievance files in accordance with state and federal law.
Complaints on Title II violations may also be filed with the DOJ within 180 days of the date of
discrimination. In certain situations, cases may be referred to a mediation program sponsored
by the Department of Justice (DOJ). The DOJ may bring a lawsuit where it has investigated a
matter and has been unable to resolve violations.
For more information, contact:
U.S. Department of Justice Civil Rights Division
950 Pennsylvania Avenue, N.W. Disability Rights Section - NYAV Washington, D.C. 20530
www.ada.gov
(800) 514-0301 (voice – toll free)
(800) 514-0383 (TTY)
Title II may also be enforced through private lawsuits in Federal court. It is not necessary to file
a complaint with the DOJ or any other Federal agency, or to receive a "right-to-sue" letter,
before going to court.
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ADA Transition Plan for Public Rights of Way
Appendix H – Complaint Form
See the following four pages for complaint form.
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ADA Transition Plan for Public Rights of Way
City of Lakeville Public Right of Way
Title II of the Americans with Disabilities Act and
Section 504 of the Rehabilitation Act of 1973 Discrimination Complaint Form
The public is strongly encouraged to contact the ADA Coordinator to discuss any concerns
regarding City facilities prior to starting the grievance process. It is anticipated most
accessibility issues, once identified, will be satisfactorily resolved by the ADA Coordinator
without the need for completion of the formal complaint form.
Instructions: Please fill out this form completely, in black ink or type. Sign and return to the ADA
Coordinator as specified in Appendix D. Attach additional sheets if necessary.
Complainant Name:
Street Address:
City, State and Zip Code: Telephone (Home): Telephone (Business):
Person Discriminated Against: (if other than the complainant)
Address:
City, State, and Zip Code:
Telephone (Home/Business or Both):
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ADA Transition Plan for Public Rights of Way
Government, or organization, or institution which you believe has discriminated:
Name:
Street Address:
City:
County:
State and Zip Code:
Telephone Number:
When was the issue discovered/when did the problem occur? (Date):
Describe the issue in detail, providing the name(s) where possible of the individuals who have
been contacted. (Add additional pages if necessary):
Have prior efforts been made to resolve this complaint through the grievance procedure?
Yes ☐ No ☐
If Yes: what is the status of the grievance?
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ADA Transition Plan for Public Rights of Way
Has the complaint been filed with another bureau of the Department of Justice or any other
Federal, State, or local civil rights agency or court?
Yes ☐ _ No ☐
If Yes: Agency or Court:
Contact Person:
Street Address:
City, State, and Zip Code:
Telephone Number:
Date Filed:
Do you intend to file with another agency or court?
Yes ☐ No ☐
If Yes: Agency or Court:
Address:
Telephone Number:
Signature: -------------------------------------------------------------------------------------------------------
Date: --------------------------------------------------------------------------------------------------------------
Return to:
ADA Coordinator as specified in Appendix D.
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ADA Transition Plan for Public Rights of Way
NOTICE OF RIGHTS
In accordance with the Minnesota Government Data Practices Act, the City of Lakeville is
required to inform you of your rights as they pertain to the private information collected from
you. Your personal information we collect from you is private. Access to this information is
available only to you and the agency collecting the information and other statutorily authorized
agencies, unless you or a court authorizes its release.
The Minnesota Government Data Practices Act requires that you be informed that the following
information, which you are asked to provide, is considered private.
The purpose and intended use of the requested information is:
To assist City of Lakeville staff and designees to evaluate and respond to accessibility concerns
within the public right of way.
Authorized persons or agencies with whom this information may be shared include:
City of Lakeville officials, staff or designee(s)
Furnishing the above information is voluntary, but refusal to supply the requested
information will mean:
City of Lakeville staff may be unable to respond to or evaluate your request.
MINN. STAT. §13.04(2)