Adopt Resolution #18-173 Approving Americans with Disabilities Act (ADA) Transition Plan

Purpose:
The purpose of this case is to approve the City of Ramsey’s Americans with Disabilities Act (ADA) Transition Plan.

Background:
The Americans with Disabilities Act (ADA) was enacted on July 26, 1990.  Title II of ADA requires the City of Ramsey to meet the following 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 [28 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.

 
Attached is a draft copy of the City of Ramsey’s Americans with Disabilities Act (ADA) Transition Plan, which addresses the City of Ramsey’s plan for meeting these requirements over time as related to pedestrian facilities in public right-of-ways and easements. 
 
On July 17, 2018, Staff reviewed a draft version of the ADA Transition Plan with the Public Works Committee and requested Committee input on several items within the plan, including the ADA compliance goals (see page 6) and public outreach (see page 7) portions of the plan.  The Committee generally agreed with the compliance goals included in the draft ADA Transition Plan, and felt that public outreach is not necessary at this point since the draft plan simply addresses the minimum requirements of ADA Title II.  However, the Public Works Committee did discuss that Public Outreach should be an ongoing effort once the Plan is approved and implemented.
 
Following Council approval of the Plan, Staff will implement the Plan and will make it readily available to the public via the City website, and will publicize this in the next edition of the Ramsey Resident.  Staff will also develop and discuss a public outreach plan with the Public Works Committee this winter, at which time adjustments can be made as necessary.

Notifications are not required for this case.

Observations:
It is important to note that the City must have an adopted ADA Transition Plan before it can accept any new federal funds.  This Plan must therefore be adopted by the City Council before any new federal grants can be accepted for any projects including the Mississippi Skyway and any proposed Highway 10 improvements.
 
It is also important to note that while the ADA Transition Plan summarizes, evaluates, and prioritizes ADA related public improvements in specific areas of the City over time, the Plan does not directly plan for the completion of individual projects on a set schedule.  Rather, it sets goals for improving the accessibility of pedestrian facilities within the City of Ramsey’s jurisdiction over a specified period of time.  Individual improvement projects intended to meet these goals will still be outlined in the City’s Capital Improvement Plan and must be approved by the City Council on a project-by-project basis.  No such projects exist within the 2019 CIP therefore the ADA Transition Plan has no budgetary impacts for 2019.
 
Alternatives:
Alternative #1 – Motion to adopt Resolution #18-173 approving the City of Ramsey’s Americans with Disabilities Act (ADA) Transition Plan.

Staff completed the ADA Transition Plan as part of its normal duties.  The Plan does not carry any budgetary impacts through 2019. 

Staff recommends Alternative #1 to allow City Staff to continue applying for federal grant dollars to construct any number of City improvement projects.

The Public Works Committee reviewed the draft ADA Transition Plan at their regular meeting on July 17, 2018, and recommended City Council approval.  It should be noted that the Committee did inquire whether the ADA Transition Plan was in agreement with any proposed improvements identified within the Parks Improvement Plan.  Upon checking, it was determined that the Parks Plan included no proposed ADA related improvements.

Motion to adopt Resolution #18-173 approving the City of Ramsey’s Americans with Disabilities Act (ADA) Transition Plan.