HomeMy WebLinkAbout2016-07-05-J02 Appointment - ADA Coordinator AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: July 5, 2016
AGENDA ITEM: Consideration of approval of a resolution approving mayor’s
appointment of City of Waukee ADA Coordinator
FORMAT: Mayor’s Appointment and Resolution
SYNOPSIS INCLUDING PRO & CON: The Iowa Department of Transportation requires the
appointment of an ADA Coordinator in order to comply with the
requirements of the Americans with Disabilities Act of 1990 (ADA),
Section 504 of the Rehabilitation Act of 1973, and the requirements
associated with these laws as they apply to pedestrian facilities.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Mayor Peard is anticipated to appoint Public Works
Director John Gibson as the City of Waukee ADA Coordinator.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. Iowa Department of Transportation Instructional Memorandum
on ADA Requirements
PREPARED BY: Becky Schuett
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
THE CITY OF WAUKEE, IOWA
RESOLUTION 16-
APPROVING MAYOR’S APPOINTMENT OF CITY OF WAUKEE ADA
COORDINATOR
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee is a duly organized municipality within Dallas County;
AND,
WHEREAS, the Iowa Department of Transportation requires the appointment of an
ADA Coordinator in order to comply with the requirements of the Americans with
Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973, and the
requirements associated with these laws as they apply to pedestrian facilities; AND,
WHEREAS, the City of Waukee ADA Coordinator shall be the representative for issues
and actions pertaining to the Americans with Disabilities Act; AND,
WHEREAS, Mayor William F. Peard appoints Public Works Director John Gibson as
the ADA Coordinator for the City of Waukee.
NOW THEREFORE BE IT RESOLVED by the City Council of Waukee, Iowa on the
5th of July, 2016, does hereby approve the mayor’s appointment of City of Waukee ADA
Coordinator.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Brian Harrison
Shelly Hughes
Larry R. Lyon
Rick Peterson
VACANT SEAT
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INSTRUCTIONAL MEMORANDUMS
To Local Public Agencies
To: Counties and Cities Date: August 24, 2012
From: Office of Local Systems I.M. No. 1.080
Subject: ADA Requirements
Contents: This Instructional Memorandum (I.M.) provides guidance for a Local Public Agency (LPA) to
understand and comply with the requirements of Americans with Disabilities Act of 1990 (ADA), Section 504 of
the Rehabilitation Act of 1973 (Section 504), and the regulations associated with these laws, as they apply to
pedestrian facilities. This I.M. also includes the following attachment:
Attachment A – Sample Pedestrian Access Route Transition Plan (Microsoft Word)
Introduction
The accessibility requirements of the ADA and Section 504 apply to many different aspects of an LPA’s programs,
services, and facilities. However, because the I.M.s are written for transportation-related projects, this I.M. will
focus on how these requirements apply to pedestrian facilities in the public right-of-way and pedestrian facilities
that are constructed or altered as part of a transportation project. Examples of such pedestrian facilities include
streets, sidewalks, walkways, and shared use paths (i.e., facilities designed for both bicycles and pedestrians).
For accessibility guidance related to other programs, services, or facilities refer to the Additional Resources
section at the end of this I.M.
Applicable Laws and Regulations
Title II of the ADA and its associated regulations (28 CFR 35) prohibit discrimination on the basis of disability in
State and local government services, programs, and activities, regardless of whether the agency is a recipient of
Federal-aid or not. Providing streets, sidewalks, and shared use paths are considered a program; therefore, all
LPA projects involving these facilities are subject to the requirements of the ADA.
Section 504 (now codified at 29 U.S.C. 794) and its associated regulations (49 CFR 27) also prohibit
discrimination on the basis of disability. However, Section 504 applies specifically to those programs, projects,
and activities that receive Federal Financial assistance. This means LPAs that receive Federal-aid through the
Iowa Department of Transportation (Iowa DOT) must comply with the Section 504 requirements.
Accessibility Standards and Guidelines
Under the ADA regulations (28 CFR 35.190) the United States Department of Transportation (US DOT) has been
designated by the United States Department of Justice (DOJ) as the Federal agency responsible for overseeing
and implementing ADA compliance for services, programs, and activities relating to transportation, including
highways and public transportation. The FHWA, an agency within the US DOT, is responsible for the
implementation of pedestrian access requirements from the ADA and the Rehabilitation Act.
The standards used to determine whether facilities comply with the ADA and the Section 504 regulations are
based on guidelines developed by the United States Access Board (Access Board). After these guidelines are
developed, they are usually adopted by means of the Federal rule-making process, either in whole or in part, by
the DOJ and the US DOT. After the Access Board guidelines are adopted, they become the legally enforceable
accessibility standard. The US DOT adopted the 2004 Americans with Disabilities Act Accessibility Guidelines
(ADAAG) as the standard for ADA compliance.
However, ADAAG does not address many of the design considerations associated with construction or alterations
to pedestrian facilities in the public right-of-way. In response, the Access Board developed the 2011 Proposed
Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way (PROWAG). These guidelines have
not yet been adopted by the US DOT as the legally enforceable standard. However, they are recommended for
use by FHWA as the current best practice of accessible design, and in the future, they will likely become the
accessibility standard for pedestrian facilities in the public right-of-way. Therefore, SUDAS and the Iowa DOT
jointly developed Chapter 12A of the Iowa DOT Design Manual based on the 2011 PROWAG. Chapter 12A was
also developed in accordance with Federal regulations (23 CFR 652 and 28 CFR 35) and is the standard for use
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August 24, 2012
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by all governmental entities in the State of Iowa. A local jurisdiction may elect to produce their own standards;
however, these will require review and approval by FHWA and/or the DOJ.
Accessibility Requirements
New Construction and Alterations
All new construction and alteration projects shall follow the requirements set forth in Chapter 12A for
sidewalks and Chapter 12B for Bicycle Facilities of the Iowa DOT Design Manual.
Accessibility improvements that are outside the scope of the alteration project may be deferred to a later date.
For more information, refer to the discussion of transition plans below.
Maintenance Activities
Routine maintenance activities are not considered an alteration, and therefore do not require simultaneous
accessibility improvements to pedestrian facilities. Maintenance activities are actions that are intended to
preserve the system, retard future deterioration, and maintain the functional condition of the facility. This
would include, but not be limited to: thin surface treatments (e.g., microsurfacing, seal coat, slurry seals, or
chip seals), joint repair, pavement patching (e.g., filling potholes or limited areas of pavement replacement),
shoulder repair, pavement markings, minor signal upgrades, and repairs to drainage systems.
Maintenance of Pedestrian Facilities
Where pedestrian facilities are provided, they must be maintained so that they are readily accessible and
useable by persons with disabilities. Therefore, the LPA should adopt policies that ensure sidewalks and
other pedestrian facilities will be properly maintained and free of obstructions. Examples of obstructions
include: street furniture, utility poles, tree roots, potted plants, snow or ice, debris, or inoperable elevators and
lifts. Temporary obstructions and isolated instances of failures would not necessarily be considered a
violation of the ADA or Section 504; however, if these situations are prolonged, they may become a violation.
Documenting Exceptions
If an LPA receives any type of funding assistance from the Iowa DOT or the project is let through the Iowa
DOT; and if an LPA determines that a pedestrian facility cannot be made fully compliant because the
accessibility improvements are structurally impracticable, technically infeasible, or there are safety issues, as
defined in Section 12A-2 of the Design Manual, it shall provide the Iowa DOT Administering Office with an
Accessibility Exceptions Certification (Form 517118). The certification shall include supporting documentation
that identifies the specific locations and lists the specific reasons why full compliance cannot be achieved.
The certification shall be prepared and signed by a registered Professional Engineer or Landscape Architect
licensed in the State of Iowa. Whenever alterations are made to the pedestrian circulation path, the
pedestrian access route shall be made accessible to the maximum extent feasible within the scope of the
project. If full compliance with Chapter 12 of the Iowa DOT Design Manual, is technically infeasible,
compliance is required to the extent that is not technically infeasible.
For all other projects, the same type of documentation should be prepared and retained by the LPA.
Transition Plans
LPAs are required to operate their services, programs, or activities so that they are readily accessible to and
usable by individuals with disabilities. The ADA regulations (23 CFR 35.150(d)) require LPAs with 50 or more
employees to prepare a formal transition plan, if structural changes are required in order to make its programs,
services, or activities accessible. Section 504 (49 CFR 27) requires LPAs, regardless of the number of
employees, which receive Federal-aid through the Iowa DOT to prepare a formal transition plan, if structural
changes are required in order to make its services, programs, or activities accessible. The ADA regulations (23
CFR 35.150(c)) required all structural changes to have been made by January 26, 1995, or as expeditiously as
possible.
When required, the transition plan must address all services, programs, and activities owned or operated by the
LPA. Because the scope of this I.M. is limited to transportation facilities, the following guidance has been tailored
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to specifically address curb ramps in the public right-of-way. If facilities other than curb ramps are found not to be
in compliance, those facilities should also be included in the LPA’s transition plan.
The ADA regulations (28 CFR 35.150(d)), require the transition plan to address each of the numbered items
below. The bullet points underneath each numbered item provide guidance in complying with the requirements.
1. Identify physical obstacles in the public entity's facilities that limit the accessibility of its services,
programs, or activities to individuals with disabilities. Also identify the specific standards used to
determine technical compliance with regard to the inventory/survey of curb ramps, sidewalks, and other
facilities.
• This should include an inventory of all locations where structural changes are needed to make
facilities accessible. The inventory should also identify the types of improvements required to provide
accessibility for curb ramps, intersections, and sidewalks.
• The inventory of facilities to be modified shall be prioritized in the following order:
a) State and local government offices and facilities (e.g., city hall, schools, etc.)
b) Places where government services and transit facilities are provided (e.g., bus stops, train
stations, etc.)
c) Places where the public is accommodated (e.g., employers, shops, etc.)
d) All other areas (e.g., residential or other)
2. Describe in detail the methods that will be used to make the facilities accessible.
• This should include a description of the funding sources and amounts that will be annually budgeted
for making the improvements associated with the transition plan.
• This should also describe how accessibility improvements will be incorporated as a part of other
projects involving construction or alterations to pedestrian facilities.
3. Specify the schedule for taking the steps necessary to achieve compliance and, if the time period of the
transition plan is longer than one year, identify steps that will be taken during each year of the transition
period.
• The schedule should include milestones that can be used to evaluate progress towards completion.
For curb ramps, this should include the number of ramps that will be constructed each year, and the
total number of years required to complete the plan.
4. Indicate the official responsible for implementation of the plan.
• This should include the name, title, office address, phone number, and e-mail address of the LPA
official responsible for the coordination, development, and implementation of the transition plan.
5. The ADA regulations also require the LPA to provide an opportunity for interested persons, individuals
with disabilities, or organizations representing individuals with disabilities, to actively participate in the
development of the transition plan by submitting comments. LPA shall conduct and document outreach to
solicit comment concerning its self-evaluation and transition plan. This should include a description of
how the public was involved in reviewing and / or developing the transition plan. This should include the
names of advisory committees, task forces, or other groups representing persons with disabilities that
were provided an opportunity to comment.
In addition, a copy of the transition plan shall be made available for public inspection.
The Iowa DOT has observed that many LPAs have a transition plan, but sometimes their transition plans do not
address the accessibility improvements required in the public right-of-way; specifically, curb ramps. In order to
provide assistance to LPAs that need to modify or update their transition plan to include curb ramps, the Iowa
DOT has developed a Sample Pedestrian Access Route Transition Plan*, as shown in Attachment A (also
available in Microsoft Word format). If used, the LPA should complete the information indicated by the yellow,
bracketed text and make other modifications as appropriate.
*Disclaimer: Even though the Sample Curb Ramp Transition Plan has been reviewed by the Iowa DOT and
the FHWA Iowa Division, neither the Iowa DOT nor the FHWA can guarantee this sample will be sufficient for
every situation. This document is provided as a guide only and additional modifications may be necessary.
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Other requirements recommended to be included in the Transition Plan
Self-Evaluation
All LPAs must perform a self-evaluation. An LPA self-evaluation should include a comprehensive review of its
policies, services, communications, and practices, as well as an analysis of how they affect persons with
disabilities. The purpose of the self-evaluation is to indentify any policies and practices that do not comply
with the ADA and Section 504 requirements and modify those policies and practices to bring them into
compliance. The ADA regulations also require the LPA to provide an opportunity for interested persons,
individuals with disabilities, or organizations representing individuals with disabilities, to participate in the
development of the self-evaluation and comments received during the development. LPAs that are recipients
of Federal-aid from the Iowa DOT are required to maintain the self-evaluation on file and make it available for
public inspection. Establish a system for periodically reviewing and updating the self-evaluation.
Complaint Procedures
All LPAs with 50 or more employees and all LPAs with 15 or more employees that receive Federal-aid
through the Iowa DOT must develop, adopt, and publish grievance or complaint procedures. These
procedures should provide for a prompt and equitable resolution of complaints that allege violation of the ADA
and Section 504 regulations. LPAs should make all possible efforts to resolve complaints on the local level.
The LPA must maintain a database of its ADA and Section 504 complaints. Complaint records must be
retained for 5 years after the complaint is resolved. The database should denote the following: Complainant,
Respondent, allegations, issue, date the complaint was received, date the complaint was resolved, and how
the complaint was resolved.
ADA and Section 504 Coordinator
All LPAs with 50 or more employees and all LPAs, regardless of the number of employees, which receive
Federal-aid through the Iowa DOT, are required to designate at least one employee as the ADA and Section
504 Coordinator to coordinate compliance with ADA and Section 504 regulations. The LPA shall make
available to all interested parties the name, title, office address, phone number, and e-mail address of the
ADA and Section 504 Coordinator.
Public Notice
The ADA and Section 504 regulations also require the LPA to disseminate sufficient information to applicants,
participants, beneficiaries, and other interested persons to inform them of their rights and protections under these
regulations. The LPA should have a Notice of Non-Discrimination, which informs the public that the LPA will not
discrimination on the basis of disability in its services, programs, and activities with ADA and Section 504.
There are a number of other requirements associated with the ADA and Section 504. This I.M. has only
addressed a few of them. For more comprehensive guidance, refer to the Additional Resources listed below. To
assist LPAs, the Iowa DOT has developed checklists, and sample documents for use by the LPA. To access
these documents, refer to the Iowa DOT Civil Rights Subrecipients webpage or the ADA Transition Plan
webpage.
Additional Resources
U.S. Access Board Homepage of the Access Board. Provides a variety of guidelines and resources related to
accessible design.
Public Rights-of-Way Homepage An Access Board web page that provides information focused to their
public rights-of-way guidelines, including the rule making history, current public rights-of-way guidelines, and
other resources.
FHWA Office of Civil Rights Home page for the FHWA Office of Civil Rights. Provides a variety of information
related nondiscrimination laws and regulations, including Title II of the ADA and Section 504.
Questions and Answers About ADA/Section 504 FHWA Office of Civil Rights’ guidance concerning
implementation of the ADA and Section 504 requirements.
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U.S. DOJ ADA Homepage of the U.S. DOJ. Provides Information and Technical Assistance on ADA. There are
guides for State and local governments.
US DOT FHWA Accessibility Resource Library