River's Edge Plaza, Swimming PrMEMORANDUM
August 13, 2002
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Rivers Edge Plaza
Construction of the Rivers Edge Plaza is completed and the remaining Riverwalk
construction is scheduled for completion this year. Once completed, these areas will
become high traffic areas for pedestrians and boaters desiring to use these facilities.
Currently there is nothing in the City Code to regulate these uses. Assistant City
Manager Cindy Steinhauser is recommending an amendment to Section 10-36 of the
Code of Ordinances to prohibit swimming or wading in the waters adjacent to the Rivers
Edge Plaza and to designate public boat landing areas for water vessels adjacent to the
Rivers Edge Plaza. The public boat landing areas are proposed to be located next to
the pier wall currently under construction. Boat landing areas for large vessels such as
the Delta Queen, are proposed to locate on the landing adjacent to the Rivers Edge
Plaza.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/cs
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Mike Koch, Public Works Director
MEMORANDUM
August13,2002
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Cindy Steinhauser, Assistant City Manager
Rivers Edge Plaza
Introduction
The purpose of this memorandum is to request City Council adoption of an amendment
to the City Code of Ordinances pertaining to Rivers Edge Plaza.
Discussion
Construction of the Rivers Edge Plaza is completed and the remaining Riverwalk
construction is scheduled for completion this year. Once completed, these areas will
become high traffic areas for pedestrians and boaters desiring to use these facilities.
Currently there is nothing in the City Code to regulate these uses. Attached is a
proposed amendment to Section 10-36 of the Code of Ordinances along with a
summary provided by Corporation Counsel Barry Lindahl indicating the effect of the
amendment. Upon adoption, this amendment would prohibit swimming or wading in the
waters adjacent to the Rivers Edge Plaza and would designate, through signage, public
boat landing areas for water vessels adjacent to the Rivers Edge Plaza. The public
boat landing areas are proposed to be located next to the pier wall currently under
construction. Boat landing areas for large vessels such as the Delta Queen, are
proposed to locate on the landing adjacent to the Rivers Edge Plaza.
Action
The requested action is for City Council to adopt the attached amendment to prohibit
swimming and designating boat landing areas at Rivers Edge Plaza.
Cc:
Barry Lindahl, Corporation Counsel
Mike Koch, Public Works Director
ORDINANCE NO. 60-02
AN ORDINANCE AMENDING SECTION 10-36 ACTIVITIES PROHIBITED BY
ADDING A NEW PARAGRAPH (d) PROHIBITING SWIMMING OR WADING IN THE
WATERS ADJACENT TO THE RIVERS EDGE PLAZA AND BY RENUMBERING
FORMER PARAGRAPH (d) AS PARAGRAPH (e); AMENDING SECTION 10-23,
BOAT LANDING AREAS; AND AMENDING SECTION 10-24, MOORING PERMITS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section t. Sec. 10-36 Activities Prohibited, 'of the City of Dubuque Code of
Ordinances, is amended by adding thereto the following new paragraph (d) and
by renumbering former paragraph (d) as paragraph (e).
(d) No person shall swim or wade in the waters adjacent to the Rivers Edge
Plaza.
Section 2. Sec. 10-23 Boat Landing Areas, of the City of Dubuque Code of
Ordinances is amended to read as follows:
The City Manager shall lay off and designate public boat landing areas
along the municipally owned waterfront for pleasure craft and commercial
vessels and mark all such public boat landing areas with suitable signs
delineating their boundaries.
Section 3. Sec. 10-24(a), Mooring Permits, of the City of Dubuque Code of
Ordinances is amended to read as follows:
(a) No person shall moor or cause to be moored a vessel, float, boathouse,
or other watercraft except at public boat landings along the waterfront
of the City without first obtaining a permit to do so.
Passed, approved and adopted the 19th day of August, 2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
EFFECT OF AMENDMENT
Sec. 10-36. Activities Prohibited:
(a) No person shall swim, ice skate or operate a vessel towing a person or persons
on water skis, surfboard or similar device, nor shall any person engage in water skiing,
surfboarding or similar activity at any time in the following areas:
(1) Dubuque Marina Harbor.
(2) Bissell Harbor.
(3) Schmitt Harbor.
(4) Dove Harbor, Seventh Street area.
(5) Ice Harbor.
In all other areas under the jurisdiction of the City, no person shall swim, ice skate or
operate a vessel towing a person or persons on water skis, surfboard or similar device,
nor shall any person engage in water skiing, surfboarding or similar activity at any time
between the hours of one-half (1/2) hour after sunset to sunrise.
(b) Swimming or ice skating is prohibited within five hundred feet (500') of the
Schmitt Harbor boat ramp and the Hawthorne Street boat ramp.
(c) (e) No person shall swim or wade in the waters adjacent to Riverview Park.
(d) No person shall swim or wade in the waters adjacent to the Rivers Edqe Plaza.
~ It shall be unlawful for any person to use or consume alcoholic liquors, wines or
beer in the Hawthorne Street area described as being that section of land bordered on
the east by the Mississippi River, on the south by the Peosta Channel, on the west by
the mooring slips of the Dubuque Marina, and on the north by Volunteer Drive;
provided, however, the dispensing of beer for consumption in the Hawthorne Street
area shall be permitted by a licensed beer permit holder who has obtained written
approval from the City Manager or the City Manager's designee authorizing the use of
the Hawthorne Street area for such purpose.
Sec. 10-23. Boat Landing Areas:
The City Manager shall lay off and designate public boat landing areas along the
muncipally owned waterfront for pleasure crat, and commercial
vessels and mark all such public boat landing areas with
suitable signs delineating their boundaries.
Sec. 10-24. Mooring Permits:
(a) No person shall moor or cause to be moored a vessel, float, boathouse, or other
watercraft, except at public boat landings, along the waterfront of the City without first
obtaining a permit to do so.