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The LMC defense attorney who handles city ADA cases stated that under Tide II of the ADA,28 CFR <br /> 35.151, and the 2004 ADAAG, 36 CFR part 1191 "A newly constructed fishing pier must be ADA <br /> compliant unless full compliance will be considered structurally impracticable. For example, full <br /> compliance may be structurally impracticable in a rare circumstance of unique characteristics of terrain <br /> (i.e. a mountain " <br /> A MNCOR representative stated that it is feasible to install a fishing pier along the Mississippi River and <br /> that the pier would rise and fall with water elevation changes on its anchor pipes. The representative <br /> stated that creating some form of diversion from the water flow and debris would be suggested, or <br /> potentially looking at an alternate location. MNCOR recommends that the pier should be removed <br /> seasonally and that it can be disassembled and removed, however this would likely take several days and <br /> floating the pier would be challenging. <br /> In addition, city staff viewed the installation of a similar type fishing pier structure along the Mississippi <br /> River in the City of Monticello. Six staff from the Monticello Parks Department worked for <br /> approximately two hours to install their fishing pier utilizing a front-end loader,backhoe and pickup truck <br /> to lift and hold the structure in place. The Park Superintendent stated that they conduct daily inspections <br /> of the pier to remove logs and other debris. Additionally, he stated that the anticipated lifespan of the <br /> structure is 15 years as a result of damage incurred by the flow of the river, objects impacting the pier, <br /> and normal wear. <br /> If the Council desires to further consider a dock, staff suggests engaging architectural and engineering <br /> firms to design an ADA-accessible improvement at River's Edge and develop a concept plan with <br /> projected costs. The concept work is estimated to cost $5,000 - $10,000. <br /> Financial Impact <br /> N/A <br /> Attachments <br /> ■ Pier Design Concepts <br /> ■ League of Minnesota Cities Email <br /> ■ MN DNR Email <br /> ■ MNCOR Email <br /> ■ City of Monticello Comments <br /> ■ Downtown Rivers Edge Business Association Letter,June 23, 2016 <br />