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HomeMy WebLinkAbout08-73 FEBRUARY 12, 2008 FEBRUARY 26, 2008 08-54 08-73 ORDINANCE FIRST READING SECOND READING (CARRIED___5-2_____ LOST________ LAID OVER_______ WITHDRAWN_______) PURPOSE: AMEND NO-WAKE ZONE ON FOX RIVER AND ESTABLISH NO ANCHORING ADJACENT TO FLOATING DOCKS OFF A PORTION OF RIVERSIDE PARK INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING SECTION 17-29(A)(1) OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO THE NO-WAKE ZONE ON THE FOX RIVER AND REPEALING AND RECREATING SECTION 17-30 PERTAINING TO ANCHORING PROHIBITED WHEREAS, Wisconsin Statutes §30.77 authorizes the City of Oshkosh to regulate the operation of boats on that portion of the Fox River that lies within its jurisdiction; and WHEREAS, when regulating boat traffic, statutes require that the City take into account factors that include all of the following: 1. The type, size, shape and depth of the body of water and any features of special environmental significance that the body of water has. 2. The amount, type and speed of boating traffic on the body of water and boating safety and congestion; and 3. The degree to which the boating traffic on the body of water affects other recreational uses and the public’s heal th, safety and welfare, including the public’s interest in preserving the state’s natural resources. WHEREAS, the City has filed an application with the Wisconsin Department of Natural Resources for permission to install floating docks to be located along Riverside Park adjacent to the Fox River in the City of Oshkosh; and WHEREAS, the proposed project location is a former coal gasification plant site which has been redeveloped as a city park and the property is being remediated by Wisconsin Public Service Corporation with oversight management from the EPA; and WHEREAS, the riverbed adjacent to the proposed project is contaminated with solid and free-phase coal tar by-product; and FEBRUARY 12, 2008 FEBRUARY 26, 2008 08-54 08-73 ORDINANCE FIRST READING SECOND READING CONT’D WHEREAS, the Department of Natural Resources has approved the application with conditions including the establishment of a no-wake zone on that portion of the River and adoption of a prohibition on anchoring of watercraft along the proposed pier; and WHEREAS, the Wisconsin Administrative Code require approval from the Department of Natural Resources for the placement of markers in Wisconsin waters. NOW, THEREFORE, the Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That the Council has considered the relevant factors pertaining to this request, including: 1. The type, size, shape and depth of the body of water and any features of special environmental significance that the body of water has. 2. The amount, type and speed of boating traffic on the body of water and boating safety and congestion; and 3. The degree to which the boating traffic on the body of water affects other recreational uses and the public’s health, safety and wel fare, including the public’s interest in preserving the state’s natural resources. SECTION 2. That Section 17-29(A)(1) of the Oshkosh Municipal Code pertaining to the establishment of no wake zones on the Fox River is hereby repealed and recreated to read as follows: (1) Fox River, from a point 900 feet south of the Canadian National Railroad bridge north-northwesterly to a point under or through the Oregon/Jackson Street bridge; under or through the Wisconsin/Ohio Street bridge; under or through the Oshkosh/Congress Avenue bridge from a point 1,200 feet south/downstream to a point 1,900 feet north/upstream of the bridge. The slow/no wake zones in and around the Oshkosh/Congress Avenue bridge shall be valid from 3:00 p.m. Fridays through Sunday 12:00 midnight and legal holidays only. FEBRUARY 12, 2008 FEBRUARY 26, 2008 08-54 08-73 ORDINANCE FIRST READING SECOND READING CONT’D SECTION 3. That Section 17-30 of the Oshkosh Municipal Code pertaining to the prohibition of anchoring is hereby repealed and recreated to read as follows: SECTION 17-30 ANCHORING VESSELS PROHIBITED (A) No person shall drop any anchor over in the immediate vicinity of any water mains supplying the City or its inhabitants with water, or any mains crossing the Fox River or extending into any lake. (B) No person shall drop any anchor adjacent to the Riverside Park floating docks from a point south of the extended terminus of Court Street easterly to the Canadian National Railroad Bridge. SECTON 4. That the appropriate City staff is directed to file application with the Department of Natural Resources for the placement of navigational aides and buoys to mark the location and speed limit of the no-wake zone. SECTION 5. This ordinance shall be in full force and effect from and after its passage and publication and the placement of the appropriate navigational aides and buoys.