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VII.2. Adopt ADA Transition Plan for Public Right of Way; Klingbeil April 17, 2018 Council Report 2018-048 ADOPT ADA TRANSITION PLAN PUBLIC RIGHT OF WAY Proposed Action Staff recommends approval of the following motion: Adopt Resolution 2018-035, adopting the Hopkins ADA Transition Plan for Public Right of Way. Overview The Americans with Disabilities Act (ADA), enacted on July 26, 1990 is a civil right law prohibiting discrimination against individuals on the basis of disability. The law protects qualified individuals with disabilities from discrimination and specifically pertains to the programs, activities and services public entities provide. As a public entity that employs 50 or more persons, the City of Hopkins is required to comply with the section of the law as it specifically applies to public service agencies. To comply with this law while continuing our current practices staff has completed a Transition Plan for Public Right of Way. The Transition Plan for Public Right of Way is a document that includes a detailed review of the City’s existing pedestrian infrastructure within city right of way and outlines a long-term transition plan for how to achieve full compliance with the ADA regulations. Historically, the city has reviewed these on a project-by-project basis. The county and state are responsible for plans in their respective right of way within the City of Hopkins. Data collection was performed by City staff and a consultant team during the spring of 2017. Findings revealed that 17% of sidewalks met accessibility criteria, 42% of curb ramps met accessibility criteria, and 22% of traffic control signals have ADA compliant features meeting today’s standards. Full compliance with ADA regulations will take several years to complete based on the number of infrastructure changes needed and associated costs. The law does not require a specific schedule or timeframe to be in full compliance; however it does require that the city has a plan in place. As part of the requirement for the Transition Plan for Public Right of Way, a public outreach/grievance process to resolve comments, concerns and questions from citizens was included. A public informational meeting was also held February 21, 2018. The information and form will remain on the City website and at City Hall. Supporting Documents • Resolution 2018-035 • ADA Transition Plan Document _____________________________________ Eric Klingbeil, P.E. Assistant City Engineer Primary Issues To Consider Financial Impact: N/A Budgeted Y/N Source: N/A Related Documents (CIP, ERP, etc.): Notes: __________________________________________________________________ CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2018-035 RESOLUTION ADOPTING THE CITY OF HOPKINS AMERICANS WITH DISABILITY ACT TRANSITION PLAN FOR PUBLIC RIGHT OF WAY WHEREAS, Title II of the Americans with Disability Act requires all public organizations with more than 50 employees to adopt an ADA transition plan; and WHEREAS, a self-evaluation of facilities within public right of way, policies, and practices has been completed and incorporated into the plan; and WHEREAS, the plan details how the City will ensure pedestrian facilities within public right of way are accessible to all; NOW, THEREFORE, BE IT RESOLVED by the City Council of Hopkins, Minnesota hereby adopts the City of Hopkins Americans with Disability Act Transition Plan for Public Right of Way. Adopted by the City Council this 17th day of April, 2018. _________________________ Molly Cummings, Mayor __________________________ Amy Domeier, City Clerk     City of Hopkins‐ADA Transition Plan  1 | Page    City of Hopkins Americans with Disabilities Act Transition Plan for Public Right of Way April 2018     City of Hopkins‐ADA Transition Plan  2 | Page    Table of Contents Introduction .................................................................................................................................... 3  Self‐Evaluation of Public Rights‐of‐Way ......................................................................................... 5  Policies and Practices ...................................................................................................................... 6  Improvement and Prioritization ..................................................................................................... 7  ADA Coordinator ............................................................................................................................. 9  Public Outreach ............................................................................................................................. 10  Grievance Procedure .................................................................................................................... 10  Monitor the Progress .................................................................................................................... 10  Appendices .................................................................................................................................... 11  Appendix A – Self‐Evaluation Results ........................................................................................... 12  Appendix B – Schedule / Budget Information .............................................................................. 15  Appendix C – Public Outreach ...................................................................................................... 19  Appendix D – Grievance Procedure .............................................................................................. 21  Appendix E – Contact Information ................................................................................................ 23  Appendix F – Agency ADA Design Standards and Procedures ..................................................... 26  Appendix G – Glossary of Terms ................................................................................................... 30  Attachment A‐1: Facility Inventory Report  Attachment A‐2: Inventory Approach  Attachment F‐3: PROWAG      City of Hopkins‐ADA Transition Plan  3 | Page    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 based on disability. ADA consists of five titles outlining protections in the following areas: 1. Employment 2. State and local government services 3. Public accommodations 4. Telecommunications 5. 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, City of Hopkins 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 Hopkins has conducted a self‐evaluation of its facilities within public rights of way and has developed this Transition Plan detailing how the organization will ensure that all the facilities are accessible to all individuals. 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.     City of Hopkins‐ADA Transition Plan  4 | Page    Agency Requirements Under Title II, City of Hopkins 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 C.F.R. 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 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. 35.130(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).  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]. 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 Sec. 104.8(a)].  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. This document has been created to specifically cover accessibility within the public rights of way and does not include information on the City of Hopkins programs, practices, or building facilities not related to public rights of way.     City of Hopkins‐ADA Transition Plan  5 | Page    Self‐Evaluation of Public Rights‐of‐Way Public rights‐of‐way in the City of Hopkins include roadways and their adjacent facilities that serve a transportation purpose. This includes sidewalks, curb ramps, driveways, and signals. Public rights‐of‐way do not include buildings, publicly accessible technology, recreational trails and facilities, and private property. These are subject areas are covered in other City of Hopkins Documents. Self‐Evaluation Under Title II of the Americans with Disabilities Act (ADA) and in compliance with 28 CFR35.105, the city of Hopkins is required to perform a self‐evaluation of its current transportation infrastructure policies, practices, and programs to identify programs which are insufficiently accessible. This self‐evaluation specifically examines the accessibility of the City of Hopkins’ pedestrian access route and public rights‐of‐way. The evaluation consisted of the following: sidewalk infrastructure including driveways and trail crossings at city roads; curb ramps; traffic control signals. An inventory of the current pedestrian ramps, sidewalks, and signalized intersections was conducted during the Fall of 2017 in Hopkins. This evaluation inventory gives the opportunity to evaluate pedestrian facilities on a case by case basis, and create an improvement schedule based upon priority areas. Currently, 17% of curb ramps are fully compliant with ADA standards; non‐compliance in ramps is due to the ramp construction, cross markings, signalization of the intersection, or a technically infeasible location. Approximately, 42% of sidewalks are fully compliant with ADA standards; sidewalk deficiencies are typically the result of materials, lack of width, lack of adequate passing space, and/or slope. Currently, 22% of signalized intersections with pedestrian indications are ADA compliant; signals did not meet APS requirements when the landing is missing or inadequate, pushbuttons are not 10 feet apart, a vibrotactile pushbutton with an arrow in the correct direction is not present, and/or an audible indication is missing. The inventory of pedestrian facilities within its public right‐of‐way consisted of the evaluation of the following facilities:  823 sidewalk points totaling 152,743 linear feet of sidewalk  980 curb ramps  25 pedestrian signals including 166 pushbuttons A detailed evaluation on how these facilities relate to ADA standards is found in APPENDIX A and will be updated periodically. As the City of Hopkins continues to implement its Capital Improvement Program (CIP), other public rights‐of‐way including sidewalks and other pedestrian linkages will be evaluated and improved for ADA compliance.     City of Hopkins‐ADA Transition Plan  6 | Page    Policies and Practices   The City of Hopkins is committed to providing accessible services to all citizens, and addressing the insufficiencies identified in the self‐evaluation. The City of Hopkins will consider and respond to all accessibility improvement requests. All accessibility improvements that have been deemed reasonable will be scheduled consistent with facility priorities. The City of Hopkins will ensure that all new or updated pedestrian facilities are ADA compliant to the maximum extent feasible. The maintenance and construction of all pedestrian facilities within the public access route will follow the policies established by Title II of the ADA, and the guidelines established by Minnesota Department of Transportation (MnDOT) (see APPENDIX F). All accessibility improvement requests can be submitted to the ADA Coordinator, see Appendix for contact information. Existing City Policies The City of Hopkins’ goal is to continue to provide accessible pedestrian design features as part of the City of Hopkins capital improvement projects. The City of Hopkins has established ADA design standards and procedures as listed in Appendix F. These standards and procedures will be kept up to date with nationwide and local best management practices. Capital Investment Program (CIP) Projects in the City of Hopkins CIP are listed and prioritized based on assessment of pavement condition, financial impacts and other technical analyses (ex. Safety, need for signal improvements, development, etc.). The need for ADA updates and input from the public are factors used to incorporate projects in the CIP. The CIP is intended to provide developers with information about future projects, local utility companies with notice of locations where utility work may be required in conjunction with a local street project to improve coordination, guide city staff in the allocation of resources, and support City code requirements. Sidewalk and Alley Maintenance The safety of City residents is the utmost priority during repairs and replacement of City sidewalks and alley. During this time, warnings, signs, barricades and observation within the construction area will be provided. However, the City asks for residents to remain vigilant. All sidewalks and alleys in Hopkins are inspected and maintained on a 4‐year rotation. Specific maintenance and repairs include tripping hazards, drainage issues, hazards, and general maintenance issues.     City of Hopkins‐ADA Transition Plan  7 | Page    The City is divided into six zones, which are all inspected in the spring of their designated years. A map may be found at: https://www.hopkinsmn.com/DocumentCenter/View/611  City crews will identify alleys scheduled for repairs or replacement by marking the area, first. The removal of the existing pavement and replacement of new concrete pavement will take approximately 1 to 2 days followed by 3 to 4 additional days, which is required for the new concrete to cure. Private sidewalks within the inspection areas including adjoining carriage walk on your property (the sidewalk between the public sidewalk and the curb) will be inspected. If the sidewalk is determined unsafe for pedestrians, the adequate maintenance and repair is the responsibility of the adjoining property owners. Please see the following maintenance and repair options under the policy at https://www.hopkinsmn.com/404/Private‐Sidewalk‐Repairs  Winter Maintenance Clearing sidewalks of snow and ice is the responsibility of adjacent residents and businesses and is delineated in the City’s ordinances related to public nuisances. City Code Chapter 8, Section 20.03 requires a property owners and/or occupant must clear snow and ice from adjacent sidewalks within 12 hours following an inclement weather event. This ordinance will be enforced. If a resident or business fails to clear the snow and ice within 24 hours, the City will remove it and bill the property owner and/or occupant accordingly. Additionally, significant snow depth, which require heavy equipment to clear the snow and ice will be charged on a time and equipment basis for costs incurred above the rates stated above. Winter maintenance policies are detailed in APPENDIX F and may be found at  https://www.hopkinsmn.com/406/Snow‐Sidewalks  Improvement and Prioritization Types of Improvements The following are typical improvements to public rights‐of‐way that can be made to correct deficiencies in accessibility:  Intersection corner ADA improvement retrofits  Intersection corner ADA improvement as part of an adjacent capital projects  Sidewalk/Trail ADA improvement retrofit  Sidewalk/Trail ADA improvement as part of an adjacent capital project  Traffic control signal APS upgrade as part of a stand‐alone ADA project  Traffic control signal APS upgrade as part of full traffic control signal installation     City of Hopkins‐ADA Transition Plan  8 | Page    The City of Hopkins has taken inventory of these required improvements and concluded the following intersection improvement costs: approximately $4000 ‐$6000 per curb ramp; sidewalks may be replaced at a rate of $69 per linear foot; each APS upgrade at $15,000 per intersection. It is important to note that much of these costs will be incorporated into existing and planned projects. Cost estimates are based on review of peer projects and are in calendar year 2017 dollars. Prioritization Prioritizing and scheduling of improvements will be established by the City of Hopkins Engineering staff. Factors that determine this include, but are not limited to: severity of non‐compliance, barriers to access a program, feasibility of remedies, safety concerns, and whether a location receives high public use. Priority will also be given to locations that would most likely not be updated by other City programs. Further, priority will be given to any location where an improvement project or alteration was constructed after January 26, 1991 (marking the formalization of ADA requirements), and accessibility features were omitted. Resident requests and location are also considerations for prioritizing improvements. To best use public resources, the priority areas for planned improvements projects were identified in the completion of this plan. These areas have been selected due to their proximity to specific land uses such as schools, government offices and medical facilities, as well as from the receipt of public comments. A list of priority areas within the City of Hopkins and a detailed description of priority area criteria can be found in APPENDIX  B.   External Agency Coordination Some other agencies are responsible for pedestrian facilities within the jurisdiction of the City of Hopkins. The City will coordinate with those agencies to track and assist in the facilitation of eliminating accessibility barriers along their routes. Additionally, this Transition Plan supports the goals of other adopted planning documents that affect public right‐of‐way within the City of Hopkins planning area. Other plans can be found at the following links: MnDOT ADA Transition Plan, 2010 http://www.dot.state.mn.us/ada/transitionplan.html Metro Transit Accessibility https://www.metrotransit.org/accessibility Three Rivers Park ADA https://www.threeriversparks.org/page/accessibility     City of Hopkins‐ADA Transition Plan  9 | Page    Hennepin County ADA Plan, http://www.hennepin.us/residents/transportation/ada‐transition‐plan ADA Grievance Form: http://www.hennepin.us/your‐government/open‐government/ada‐ grievance‐public‐form Implementation Schedule The City of Hopkins has set the following schedule goals for the improvement of accessibility to public right‐of‐way and pedestrian access routes:  Existing Condition Current Baseline: 28%  After 10 years, 35% of accessibility features that were constructed after January 26, 1991, would be ADA compliant.  After 20 years, 65% of accessibility features within the priority areas identified by Hopkins staff would be ADA compliant.  After 30 years, 95% of accessibility features within the jurisdiction of Hopkins would be ADA compliant. The 30‐year time frame to achieve 95 percent accessibility and the required commitment of funding is framed as a policy goal. The availability of funding and future development trends in the City of Hopkins may affect how these projects are prioritized, and the timing of public right‐of‐way improvements may affect progress toward the compliance goal. The improvement of current pedestrian facilities will be completed through two methods. As stated earlier in this document, ADA compliance will be achieved in two manners: 1) through scheduled improvements to utilities and public rights‐of‐way, and 2) through specific ADA retrofit projects. These projects will be determined by the city CIP or on a case by case basis determined by the ADA Coordinator and the City’s grievance procedure. A detailed schedule and budget for the CIP and specific projects can be found online at: WEBSITE ADA Coordinator In accordance with 28 CFR 35.107(a), the City of Hopkins has identified an ADA Title II Coordinator to oversee the City of Hopkins policies and procedures. Contact information for this individual can be found in Appendix E.     City of Hopkins‐ADA Transition Plan  10 | Page    Public Outreach The City of Hopkins recognizes that public participation is an important component in the development of this document. Input from the community was gathered and used to help define priority areas for improvements within the jurisdiction of the City of Hopkins. Public outreach for the creation of this document consisted of the following activities: The ADA Transition Plan for Public Rights–of‐Way was posted on the City of Hopkins website and made available for public comment for approximately three weeks prior to its recommendation for adoption. A link to the Plan and a public notice was also distributed in the City Newsletter in January 2018. Additionally, the draft version of the Plan was distributed to key stakeholders including school administrators, local senior centers, and businesses and service centers that have been identified as high priority areas for right‐of‐ way improvements. The City will make a reasonable effort to incorporate public comments into the final version of the report. A printed hard copy of the draft document is also available for review at City of Hopkins City Hall, 1010 1st Street South Hopkins, MN 55343. Further information on the Public Outreach initiatives and a summary of the comments received can be found within Appendix C. Grievance Procedure Under the Americans with Disabilities Act, each agency is required to publish its responsibilities in regards to the ADA. A draft of this public notice is provided in APPENDIX  D. If users of City of Hopkins’ facilities and services believe the City has not provided reasonable accommodation, they have the right to file a grievance. To monitor the progress of compliance, the City of Hopkins, in accordance with 28 CFR 35.107(b), has established a grievance procedure for the prompt and equitable resolution of comments, concerns or questions from the citizens of Hopkins. The ADA grievance form is available online and at City Hall, and can be returned to the ADA Coordinator. IT may be used by anyone wishing to file a complaint, comment, or concern regarding discrimination based on disability. A sample of the Grievance Form can be found in APPENDIX D. Monitor the Progress This document will continue to be updated as conditions within the City of Hopkins evolve. The appendices in this document will be updated periodically, while the main body of the document will be short term. With each main body update, a public comment period will be established to continue the public outreach.     City of Hopkins‐ADA Transition Plan  11 | Page    Appendices A. Self‐Evaluation Results B. Schedule / Budget Information C. Public Outreach D. Grievance Procedure E. Contact Information F. Agency ADA Design Standards and Procedures G. Glossary of Terms H. Attachments A‐1: Facility Inventory Report  A‐2: Inventory Approach        F‐3: PROWAG          City of Hopkins‐ADA Transition Plan  12 | Page    Appendix A – Self‐Evaluation Results Data Collection for the city of Hopkins Self‐Evaluation occurred in the Fall of 2017 and was performed by an Americans with Disabilities Act (ADA) consultant. Staff collected data through a GPS application. At the time of the inventory the City of Hopkins was following general ADA design guidance and procedures, which included a commitment to providing access to all users, but did not have any formal policies or practices regarding ADA accessibility within the public Right‐ of‐Way transportation system. The following city‐owned signalized intersections were evaluated:  Minnetonka Mills Road and 5th Avenue North  17th Avenue North at Mainstreet  14th Avenue North at Mainstreet  12th Avenue North at Mainstreet  11th Avenue North at Mainstreet  10th Avenue North at Mainstreet  9th Avenue North at Mainstreet  7th Avenue North at Mainstreet  5th Avenue North at Mainstreet  11th Avenue South at 5th Street South  Jackson Avenue North at St. Louis Street The following non‐city‐owned signalized intersections were evaluated:  Excelsior Boulevard at St. Louis Street  Excelsior Boulevard at West of TH 169  Excelsior Boulevard at East of TH 169  5th Avenue South at Excelsior Boulevard  8th Avenue South at Excelsior Boulevard  11th Avenue at Excelsior Boulevard  17th Avenue at Excelsior Boulevard  Minnetonka Boulevard at Hopkins Crossroad  Shady Oak Road at Excelsior Boulevard  Cambridge Street at Blake Road North  2nd Street Northeast at Blake Road North  Excelsior Boulevard at Blake Road North  5th Street North at Hopkins Crossroad  Shady Oak Road at Mainstreet       City of Hopkins‐ADA Transition Plan  13 | Page    The table below shows the distinction between the non‐compliant pedestrian signal features inventoried in the City of Hopkins. This includes pedestrian signals where only concrete work is required to address non‐compliant landings and locations where the installation of a new pushbutton station is required to meet ADA standards. EW Street NS Street Number of Locations Only Requiring Concrete Work Number of New Pushbutton Stations Required Mainstreet 17th Ave N 2 2 Mainstreet 14th Ave N 3 0 Mainstreet 12th Ave N 5 0 Mainstreet 11th Ave N 0 0 Mainstreet 10th Ave N 6 0 Mainstreet 9th Ave N 3 0 Mainstreet 7th Ave N 2 0 Mainstreet 5th Av N 4 0 5th St S 11th Ave S 0 6 Minnetonka Mills Rd 5th Ave N 0 8 Jackson Ave N Saint Louis St 0 4 Excelsior Blvd Shady Oak Rd 0 2 Excelsior Blvd 17th Ave N 0 6 Excelsior Blvd 11th Ave N 0 8 Excelsior Blvd 8th Ave N 0 8 Excelsior Blvd 5th Ave N 0 8 Excelsior Blvd West TH 169 Ramp 1 0 Excelsior Blvd East TH 169 Ramp 0 4 Excelsior Blvd Saint Louis St 0 6 Excelsior Blvd Blake Road N 0 8 Minnetonka Blvd Hopkins Crossroad 0 6 5th St N Hopkins Crossroad 0 4 Mainstreet Shady Oak Rd 0 8 Cambridge St Blake Road N 0 8 2nd St NE Blake Road N 0 8 This initial self‐evaluation of pedestrian facilities yielded the following results:  17% of sidewalks met accessibility criteria  42% of curb ramps met accessibility criteria  22% of traffic control signals have ADA compliant features     City of Hopkins‐ADA Transition Plan  14 | Page    A compiled list of both ADA compliant and non‐ADA compliant curb ramps, sidewalks, and APS  can be found in Attachment A‐1 at the conclusion of this document.   Attachment: 1. Facility Inventory Report 2. Facility Inventory Guide     City of Hopkins‐ADA Transition Plan  15 | Page    Appendix B – ADA Improvement Schedule and Cost Estimates Cost Estimates Unit Prices Construction costs for upgrading facilities can vary depending on each individual improvement and conditions of each site. Costs can also vary on the type and size of project the improvements are associated with. Listed below are representative 2017 costs for some typical accessibility improvements based on if the improvements are included as part of a retrofit type project, or as part of a larger comprehensive capital improvement project. Concrete Sidewalk / Trail ADA improvement retrofit: +/‐ $69.00 per linear foot Intersection corner ADA improvement retrofit: +/‐ $4000 ‐ $6000 per curb ramp Traffic control signal APS upgrade for entire intersection: +/‐$ 15,000 Single Traffic control signal pushbutton station replacement +/‐ $1875 Single traffic control signal landing failure +/‐ $5000 For the entire jurisdiction’s budgeting purpose, the cost to improve a single curb ramp on an intersection corner was estimated to be $5000. Entire Jurisdiction Based on the results of the self‐evaluation, the estimate costs associated with providing ADA accessibility within the entire jurisdiction is $10,388,984. This amount indicates a significant investment that City of Hopkins is committed to making in the upcoming years. A systematic approach to providing accessibility will be taken in order to absorb the cost into the City of Hopkins budget for improvements to the public right of way. Geographic Prioritization Areas The City of Hopkins has established the following criteria to establish priority levels. The City will consider all resident requests as received and may affect the prioritization levels when appropriate. Highest priority—Category 1A:    No curb ramp where sidewalk or pedestrian path exists and location near a medical center, school, transit facility, government building, non‐auto dependent households or similar facility.     City of Hopkins‐ADA Transition Plan  16 | Page    Category 1B:    Existing curb ramp with a noncompliant running slope and location near a medical center, school, transit facility, government building or similar facility. Category 2A:    No curb ramp where a sidewalk or pedestrian path exists (not located near a medical center or similar facility).  Category 2B:    An existing curb ramp with a noncompliant running slope (not located near a medical center or similar facility).   Category 3:    No curb ramp where a striped crosswalk exists.  Category 4:    One curb ramp per corner and another is needed to serve the other crossing direction.   Category 5A:    An existing curb ramp with an insufficient landing.   Category 5B:    An existing curb ramp with obstructions in the ramp or the landing.   Category 5C:    An existing curb ramp with any of the following conditions:   o A cross slope greater than 2%  o A width less than 48 inches   No flush transition or median, or island crossings that are inaccessible.  Category 5D:    An existing curb ramp with returned curbs where pedestrian travel across the curb is not permitted.  Category 5E:       City of Hopkins‐ADA Transition Plan  17 | Page     An existing diagonal curb ramp without the 48‐inch extension in the crosswalk.   Category 5F:    An existing curb ramp without truncated dome texture contrast or without color contrast. Lowest Priority – Category 6:    The pedestrian pushbutton is not accessible from the sidewalk or from the ramp.  The City of Hopkins has established the following areas as high priority for accessibility improvement projects due to the surrounding services, including government buildings, schools, and urgent care facilities. Schools Agamim Classical Academy 1503 Boyce St Hopkins Main Street School of Performing Arts 1320 Mainstreet Hopkins The Blake School 110 Blake Road Hopkins Hopkins Public Schools 1001 Highway 7 Hopkins, MN 55305 Alice Smith Elementary 801 Minnetonka Mills Road Hopkins, MN 55343 Government Buildings Hopkins City Hall 1010 1st Street South Hopkins, MN 55343 Hopkins Public Works Department 11100 Excelsior Blvd Hopkins, MN 55343 Hopkins Library 22 11th Avenue North Hopkins, MN 55343 Hopkins Activity C enter 33 14th Avenue North Hopkins, MN 55343 Care Facilities/Specialized Service Centers Chapel View Care Center 615 Minnetonka Mills Road Hopkins, MN 55343 Accra Care 1011 1st Street Suite 315 Hopkins, MN 55343 Golden Living Hopkins Care     City of Hopkins‐ADA Transition Plan  18 | Page    725 2nd Avenue South Hopkins, MN 55343 Applied Behavioral Health Care 527 2nd Street NE Hopkins, MN 55343 Clinics Allina Health Hopkins Clinic 715 2nd Avenue South Hopkins, MN 55343 Northwest Eye Clinic 6060 Clearwater Drive Suite 150 Hopkins, MN Minnetonka Life Care Center 1615 Mainstreet Hopkins, MN 55343 Tooth by the Lake 1401 Mainstreet Hopkins, MN 55343 Twin Cities Dental Center 1222 Mainstreet Hopkins, MN 55343 Integrity MediCenter 1001 Mainstreet Hopkins, MN 55343 Hearing Health Clinic 1017 Mainstreet Hopkins, MN 55343 Full Motion Chiropractic 33 10th Avenue South #260 Hopkins, MN 55343 Park Nicollet Clinic 47 9th Avenue South Hopkins, MN 55343 West Suburban Teen Clinic 15 8th Avenue South Hopkins, MN 55343 myHealth 15 8th Avenue South Hopkins, MN 55343 HealthSource of Hopkins   724 Mainstreet   Hopkins, MN 55343    Hopkins Foot and Ankle Clinic   29 9th Avenue North   Suite 3C  Hopkins, MN 55343           City of Hopkins‐ADA Transition Plan  19 | Page    Appendix C – Public Outreach The City of Hopkins recognizes that public participation is an important component in the development of this document. Input from the community has been gathered and used to help define priority areas for improvements within the jurisdiction of the City of Hopkins. As part of the ADA Transition Plan’s development process, the City of Hopkins posted a printed copy of the draft plan at the City of Hopkins City Hall Building. Information about the plan was also distributed through the City newsletter and on official social media accounts.   Comments received during this period can be found in the following pages of this Appendix.     List of Stakeholder Contacts Agency Name Email Phone Number City of Hopkins Public Works Director Steve Stadler sstadler@hopkinsmn.com 952‐548‐6350 City of Hopkins Administration, City Manager Mike Mornson mmornson@hopkinsmn.com 952‐548‐6301 City of Hopkins Community Services Department, Assistant City Manager Ari Lenz alenz@hopkinsmn.com 952‐548‐6303 City of Hopkins City Planner Jason Lindahl jlindahl@hopkinsmn.com 952‐548‐6342 City of Hopkins Recreation recservices@eminnetonka.com 952‐939‐8203 Hennepin County ADA Coordinator James Ramnaraine James.ramnaraine@hennepin.us 612‐348‐7741 Hennepin County Transition Plan Engineer Jason Pieper Jason.pieper@hennepin.us 612‐596‐0241 XinXing Academy 952‐988‐4300 Eisenhower Elementary 952‐988‐4300 Alice Smith Elementary 952‐988‐4195     City of Hopkins‐ADA Transition Plan  20 | Page    Kaleidoscope Preschool 952‐988‐4070 The Blake School, Office Manager Brenda Anderson BAnderson@BlakeSchool.org 952‐988‐3500 Hopkins Library 612‐543‐6400 Augustana Open Circle Senior Day Center 952‐935‐8143   Record of Public Outreach Summary An open house meeting was held on 02/21/2018 at 5:30p.m. in the City of Hopkins Council  Chambers. City of Hopkins staff were present, as well as members of the consultant team. One  member of the public attended this open house meeting. The project team gave an overview of  the plan’s purpose and what types of data were collected, and invited feedback from  community members. To paraphrase the following comments were provided:  ‐ The completion of an ADA Transition Plan was appreciated, however critiques were  offered on the City of Hopkins’ general approach to engagement of people with  disabilities on infrastructure projects, particularly looking for enhanced efforts on  multifamily housing on/near Blake Road. The City will consider this for future projects.   ‐ There was discussion on areas that are difficult to navigate for people with disabilities,  and the project team reviewed some locations in the Geographic database.          City of Hopkins‐ADA Transition Plan  21 | Page    Appendix D – Grievance Procedure Under the ADA, each agency is required to publish its responsibilities in regards to the ADA. A draft of this public notice is provided I Appendix D. If users of public rights‐of‐way believe the City of Hopkins 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 the following grievance procedure for the purpose of the prompt and equitable resolution of citizens’ complaints, concerns, comment, and other grievances. The City understands that members of the public may desire to contact staff and discuss ADA issues without filing a formal grievance. Members of the public wishing to contact the ADA Coordinator, listed in APPENDIX E, are encouraged to do so. Contacting staff to informally discuss ADA issues is welcome and does not limit a person’s ability or right to file a formal grievance later. As per ADA requirements, the City has posted a notice outlining its responsibilities. This notice can be found in this Appendix. The city appreciates and welcomes your comments. To provide feedback, please complete a comment form located in the following pages (p.24‐25), or contact the ADA Coordinator listed in APPENDIX E. Those wishing to file a formal written grievance with the City of Hopkins may do so by one of the following methods: Internet Visit the City of Hopkins https://www.hopkinsmn.com/300/Engineering and click the “ADA Transition Plan” link to the ADA Grievance Form. Fill in the form online and click “submit.” A copy of The ADA Grievance Form is included in this Appendix. Telephone Contact the ADA Coordinator listed in the Contact Information section of Appendix E to submit an oral grievance. The staff person will utilize the Internet method above to submit the grievance on behalf of the person filing the grievance. Paper Submittal Contact the pertinent Hopkins staff person listed in the Contact Information section of Appendix E to request a paper copy of the county’s grievance form, complete the form, and     City of Hopkins‐ADA Transition Plan  22 | Page    submit it to the ADA Coordinator. A staff person will utilize the Internet method above to submit the grievance on behalf of the person filing the grievance. Public Notice In accordance with the requirements of Title II of the Americans with Disabilities Act (ADA) of 1990, the city of Hopkins will not discriminate against qualified individuals with disabilities on the basis of disability in City’s 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 ADA Coordinator 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 an 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.     City of Hopkins‐ADA Transition Plan  23 | Page    City of Hopkins ADA Grievance Form Complainant  Name: ________________________________________________________________________ Address: ______________________________________________________________________ Telephone: Home: ______________________Cell: _____________________________ Person discriminated against (if other than the complainant):   Name: __________________________________________________________________ Address: ________________________________________________________________ Telephone: Home: __________________________ Cell: ________________________________ Government, or organization, or institution which you believe has discriminated:   Name: __________________________________________________________________ Address: ________________________________________________________________ Telephone: ___________________________________________________________ When did the discrimination occur? Date: ________________ Have efforts been made to resolve this complaint? Yes _____ No______ If yes: what is the status of the grievance? Has the complaint been filed with 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: _______________________________________________________     City of Hopkins‐ADA Transition Plan  24 | Page    Address: _____________________________________________________________ Telephone: ___________________________________________________________ Date Filed: __________________   Do you intend to file with another agency or court? Yes _____ No______ If yes: Agency or Court: ____________________________________________________ Address: ___________________________________________________________ Telephone: _________________________________________________________ Additional space for answers/comments: Signature: _______________________________________ Date: ___________________________________________ Return to: Eric Klingbeil ADA Coordinator Assistant City Engineer 11100 Excelsior Blvd Hopkins, MN 55343     City of Hopkins‐ADA Transition Plan  25 | Page    Appendix E – Contact Information City of Hopkins ADA Coordinator Name: Eric Klingbeil Address: 1010 Street S #1 Hopkins, MN 55343 Phone: E‐mail: eklingbeil@hopkinsmn.com Hennepin County ADA Contact Name: James Ramnaraine Address: 300 South Sixth Street A040 Government Center Minneapolis, MN 55487 Phone: 612‐348‐7741 Email: James.ramnaraine@hennepin.us Minnesota Department of Transportation ADA Contact Kristie Billiar Kristie.billiar@state.mn.us 651‐366‐3174     City of Hopkins‐ADA Transition Plan  26 | Page    Appendix F – Agency ADA Design Standards and Procedures City of Hopkins‐ Public Rights‐of‐Way Design and Maintenance Procedures The City of Hopkins follows the guidance provided by the Unites States Department of Transportation (USDOT) and United States Department of Justice (US DOJ) on what constitutes a maintenance project and what constitutes an alteration project. Maintenance projects include the following work types:  Crack Filing and Sealing  Surface Sealing  Slurry Seals  Fog Seals  Scrub Sealing  Joint Crack Seals  Joint repairs  Dowel Bar Retrofit  Spot High‐Frication Treatments  Diamond Grinding  Pavement Patching Alteration Projects include the following work types:  Open‐graded Surface Course  Cape Seals  Mill and Fill/Mill and Overlay  Hot In‐Place Recycling  Microsurfacing/Thin Lift Overlay  Addition New Layer of Asphalt  Asphalt and Concrete Rehabilitation and Reconstruction  New Construction Intersection Corners Curb ramps or blended transitions will attempt to be constructed or upgraded to achieve compliance within all 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 on if full     City of Hopkins‐ADA Transition Plan  27 | Page    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 Sidewalks and trails will attempt to be constructed or upgraded to achieve compliance within all 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 on if 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. Accessible Pedestrian Signals The purpose of this document is to provide guidance for the City of Hopkins on 1) the installation of Accessible Pedestrian Signals (APS) for new construction and existing traffic signal modifications, and 2) the evaluation of existing traffic signal locations after receipt of a reasonable accommodation request for APS installation. This guidance is specific to APS and the incorporation of APS equipment and functionality into new, modified, and existing traffic signals. The department based this guidance on existing practice and the following: 1) Guidelines for Accessible Pedestrian Signals, APS Prioritization Tool ‐ NCHRP 3‐62, 2) Guidelines for Accessible Pedestrian Signals, Final Report – NCHRP 117B, and 3) Accessible Pedestrian Signals: A Guide to Best Practices (Workshop Edition 2010) – NCHRP 150. Accessible Pedestrian Signals Per the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), an APS is “a device that communicates information about pedestrian timing in nonvisual format such as audible tones, speech messages, and/or vibrating surfaces.” (Minnesota Manual on Uniform Traffic Control Devices December 2011, Section 1A, page 14). New Construction of Traffic Signals At proposed traffic signal locations with any pedestrian elements (countdown timers, marked crosswalks, pedestrian indicators, pedestrian ramps, sidewalk/trail, etc.), whether existing or part of the proposed construction, the department will install an APS traffic signal. The City will not consider an APS traffic signal for any crossing leg where a pedestrian crossing of that leg is a prohibited movement. Modifications of Existing Traffic Signals For traffic signal modifications at locations with any pedestrian elements (countdown timers, marked crosswalks, pedestrian indicators, pedestrian ramps, sidewalk/trail present, etc.), whether existing or part of the proposed modification, when the proposed modification includes below grade work requiring excavation, the traffic signal will be modified as an APS traffic signal.     City of Hopkins‐ADA Transition Plan  28 | Page    The City will not consider an APS traffic signal for any crossing leg where a pedestrian crossing of that leg is a prohibited movement. The City will consider any upcoming traffic signal or capital projects that are funded, or in the scoping or design phase, in its decision to modify an existing traffic signal as an APS traffic signal (i.e. if construction of a capital project is anticipated, the City may elect to postpone such modification and include it in the capital project). Existing Traffic Signals The City, after receipt of a reasonable accommodation request for an APS traffic signal at an existing traffic signal location, shall evaluate the intersection and each crosswalk at the location. As part of the City’s evaluation of a reasonable accommodation request, a meeting between department staff and the person requesting the APS traffic signal should take place at the intersection. The purpose of the meeting would be to ensure that the department fully understands the request and its context and determine if there are other viable accommodations available (e.g. increase the pedestrian walk or clearance times, increase pedestrian understanding of the traffic signal operations, etc.). In addition, the pedestrian’s routes of travel should be determined at the meeting. In its evaluation, engineering department staff may refer to evaluation tools (e.g. Hennepin County) to determine whether the signal merits immediate modification. Additionally, the department may, based on a balancing of several factors including engineering judgment and the context of the location, install an APS traffic signal even though the evaluation results of the crosswalk by means of this APS evaluation tool do not meet the threshold. The City will not consider an APS traffic signal for any crossing leg where a pedestrian crossing of that leg is a prohibited movement. The City will consider any upcoming traffic signal or capital projects that are funded, or in the scoping or design phase, in its response to a request to evaluate and/or modify an existing traffic signal as an APS traffic signal (i.e. if construction of a capital project is anticipated the City may elect to postpone such modification and include it in the capital project). Scheduling Many factors go into the timing and scheduling for installation of APS traffic signals:  APS equipment items are unique and project ordering and receiving requires an extended lead time.  Depending on the timing of the request and the extent of the work required, the department may schedule requests during the following construction season.  APS installations that require the upgrade of the existing traffic signal controller hardware, the installation of electrical conduits, or pedestrian ramp construction will have an increased schedule length. For the medication and review of existing traffic signals for the installation of APS, the scheduling of the installation will consider an upcoming capital projects (i.e. if construction of a capital project is anticipated within a year, the City may elect to postpone such modification and include it in the capital project that is funded or in the scoping or design phase).     City of Hopkins‐ADA Transition Plan  29 | Page    Bus Stops Bus stops will attempt to be constructed or upgraded to achieve compliance within all capital improvement projects. There may be limitations which make it technically infeasible for individual bus stop 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 on if full compliance can be achieved or not, each bus stop location shall be made as compliant as possible in accordance with the judgment of City staff. Other Transit Facilities Additional transit facilities are present within the limits of City of Hopkins. Those facilities fall under the jurisdiction of Metro Transit. The City of Hopkins will work with Metro Transit to ensure that those facilities meet all appropriate accessibility standards. Other policies, practices and programs Policies, practices and programs not identified in this document will follow the applicable ADA standards. Winter Maintenance Under City Code Chapter 8, Section 20.03, “the owner or occupants of property adjacent to a public sidewalk, carriage walk, or driveway apron shall maintain such areas in a clean and safe condition for pedestrians at all times and shall not allow snow, ice, dirt or rubbish to remain thereon longer than 12 hours after its deposit.” Clearing sidewalks of snow and ice is the responsibility of adjacent residents and businesses and is delineated in the City’s ordinances related to public nuisances. City Code Chapter 8, Section 20.03 requires a property owners and/or occupant must clear snow and ice from adjacent sidewalks within 12 hours following an inclement weather event. This ordinance will be enforced. If a resident or business fails to clear the snow and ice within 24 hours, the City will remove it and bill the property owner and/or occupant accordingly. Additionally, significant snow depth, which require heavy equipment to clear the snow and ice will be charged on a time and equipment basis for costs incurred above the rates stated above. Winter maintenance policies are detailed in ATTACHMENT F‐1 and may be found at  https://www.hopkinsmn.com/406/Snow‐Sidewalks.  Design Standards City of Hopkins has PROWAG, as adopted by MnDOT, as its design standard. A copy of this document is included in ATTACHMENT F‐2.       City of Hopkins‐ADA Transition Plan  30 | Page    Appendix G – Glossary of Terms ABA: See Architectural Barriers Act. ADA: See Americans with Disabilities Act. ADA Transition Plan: Mn/DOT’s transportation system plan that identifies accessibility needs, the process to fully integrate accessibility improvements into the Statewide Transportation Improvement Program (STIP), 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 vibrotactile 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 for the Transportation Department includes an annual capital budget and a five‐year plan for funding the new construction and reconstruction projects on the county’s transportation system.     City of Hopkins‐ADA Transition Plan  31 | Page    Detectable Warning: A surface feature of truncated domes, built in or applied to the walking surface to indicate an upcoming change from pedestrian to vehicular way. DOJ: See United States Department of Justice Federal Highway Administration (FHWA): A branch of the US Department of Transportation that administers the federal‐aid Highway Program, providing financial assistance to states to construct and improve highways, urban and rural roads, and bridges. FHWA: See Federal Highway Administration Pedestrian Access Route (PAR): A continuous and unobstructed walkway within a pedestrian circulation path that provides accessibility. Pedestrian Circulation Route (PCR): A prepared exterior or interior way of passage provided for pedestrian travel. PROWAG: An acronym for the Guidelines for Accessible Public Rights‐of‐Way issued in 2005 by the U. S. Access Board. This guidance addresses roadway design practices, slope, and terrain related to pedestrian access to walkways and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, parking, and other components of public rights‐of‐way. Right of Way: A general term denoting land, property, or interest therein, usually in a strip, acquired for the network of streets, sidewalks, and trails creating public pedestrian access within a public entity’s jurisdictional limits. Section 504: The section of the Rehabilitation Act that prohibits discrimination by any program or activity conducted by the federal government. Uniform Accessibility Standards (UFAS): Accessibility standards that all federal agencies are required to meet; includes scoping and technical specifications. United States Access Board: An independent federal agency that develops and maintains design criteria for buildings and other improvements, transit vehicles, telecommunications 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. Document3