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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.