HomeMy WebLinkAbout10-276AUGUST 10, 2010 AUGUST 24, 2010 10 -256 10 -276 ORDINANCE
FIRST READING SECOND READING
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: EXTEND THE PERIOD OF ENFORCMENT OF THE FOX RIVER NO
WAKE ZONE IN & AROUND THE OSHKOSH / CONGRESS
AVENUE BRIDGE
INITIATED BY: PARKS DEPARTMENT
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 17-
29 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO SPEED LIMITS FOR
MOTORBOATS - EXTENSION OF THE PERIOD OF ENFORCEMENT OF THE FOX
RIVER NO WAKE ZONE IN AND AROUND THE OSHKOSH /CONGRESS AVENUE
BRIDGE
WHEREAS, a request on behalf of the River Mill Condominiums and petition asking
that the period of enforcement of the no wake zone in and around the Oshkosh /Congress
Avenue Bridge be extended to seven days a week has been received by the Common
Council for the City of Oshkosh; and
WHEREAS, the Advisory Parks Board reviewed the request and forwarded the
request without recommendation; and
WHEREAS, Wisconsin Statutes §30.77 authorizes the City of Oshkosh to regulate
the operation of boats on that portion of the Fox River which lies within its jurisdiction; and
WHEREAS, 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 health, safety
and welfare, including the public's interest in preserving the
state's natural resources.
AUGUST 10, 2010 AUGUST 24, 2010 10 -256 10 -276 ORDINANCE
FIRST READING SECOND READING CONT'D
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 Fox River within its
jurisdiction and any features of special environmental
significance that the Fox River has.
2. The amount, type and speed of boating traffic on the Fox
River and boating safety and congestion; and
3. The degree to which the boating traffic on the Fox River
affects other recreational uses and the public's health, safety
and welfare, including the public's interest in preserving the
state's natural resources.
SECTION 2. That Section 17 -29 of the Oshkosh Municipal Code pertaining to speed limits
for motorboats is hereby amended as follows:
SECTION 17 -29 SPEED LIMITS FOR MOTORBOATS
(A) No person shall drive or operate a motorboat at a speed in excess of slow -no -wake
speed on the following waterways:
(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.
(2) Miller's Bay, including the Special Anchorage Area, approved by the U.S.
Coast Guard and Army Corp. of Engineers located at Latitude N44 degrees
01'36" and Longitude W88 degrees 31'5", consisting of an area 300 feet by
500 feet in size, except in case of an emergency or unless prior approval has
been granted by the Common Council.
(B) The proper City officials are authorized to place, or to cause to be placed, the
appropriate navigational aides and buoys to mark the locations of the speed limit
restrictions of this Section. This ordinance shall be enforced by the Winnebago
County Sheriff's Department and the State of Wisconsin Department of Natural
Resources.
AUGUST 10, 2010 AUGUST 24, 2010 10 -256 10 -276 ORDINANCE
FIRST READING SECOND READING CONT'D
SECTION 3. 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.
SECTION 4. Publication Notice.
Please take notice that the City of Oshkosh enacted ordinance #10 -276 A
GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 17-
29 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO SPEED LIMITS FOR
MOTORBOATS - EXTENSION OF THE PERIOD OF ENFORCEMENT OF THE FOX
RIVER NO WAKE ZONE IN AND AROUND THE OSHKOSH / CONGRESS AVENUE
BRIDGE, on August 24, 2010. The ordinance extends the period of enforcement of the
Fox River No Wake Zone in and around the Oshkosh /Congress Avenue Bridge from the
current ordinance which requires no wake from 3:00 p.m. Fridays through Sunday 12:00
midnight and legal holidays only to no wake at any time.
The full text of the ordinance may be obtained at the Office of the City Clerk, 215
Church Avenue and through the City's website at www.ci.oshkosh.wi.us Clerk's phone
920/236-5011.
City of Oshkosh
Parks Department
805 Witzel Ave., PO Sox 1130
r Oshkosh, Wi 54903 -11130
OfQKW H (920) 236 -5080 (920) 232 -5316 FAX
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Ray Maurer, Parks Director
DATE: August 5, 2010
RE: Extension of the period of enforcement of the No Wake Zone around the
Oshkosh/Congress Avenue Bridge
Ray Maurer
Director
BACKGROUND
At its meeting on Tuesday, August 10, 2010, the City Council will have on its agenda for first reading an
ordinance relating to the No Wake Zone in the Fox River. Section 30.77 of the Wisconsin Statutes
authorizes the City of Oshkosh to enact ordinances applicable on the waters of the State that lie within its
jurisdiction. Such regulations are specifically authorized to include restrictions on speed.
There is currently established a No Wake Zone within the Fox River in and around the Oshkosh/Congress
Avenue Bridge. The city received a request to change the period of enforcement for the No Wake Zone in
and around the Oshkosh/Congress Avenue Bridge from weekends and holidays only to 7 days per week.
ANALYSIS
This matter was reviewed by the Advisory Parks Board at their July 12, 2010 meeting at the request of
residents from the River Mill Condominiums. After hearing discussion both favoring and opposing the
request, the Advisory Parks Board voted 3 -3 (2 present).
By statute, the Common Council is required to take into account certain factors when considering whether to
exercise its authority to enact ordinances applicable on any waters of the State of Wisconsin. These factors
are:
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 welfare, including the
public's interest in preserving the state's natural resources,
After consideration of these factors, the Council may determine whether to enact the requested ordinance.
Enforcement of the No Wake areas is the responsibility of the DNR and the Winnebago County Sheriff's
Department.
FISCAL IMPACT
The proposed extension of the period of enforcement does not require the placement of additional buoys,
only the placement of appropriate signage on existing buoys,
Respectfiilly Submitted,
Ray Maurer
Parks Director
Approved;
Mark RoWoff
City Manager
( 0
HKO H
ON THE WATER
ADVISORY PARK BOARD
MINUTES
JULY 12, 2010
Present: Tony Duff, Bob Freid, Bill Gogolewski, Jim Michelson, Mark Philipp, Bob Poeschl, Allan Siiman,
Terry Wohler
Excused: Scott Lein
Staff: Ray Maurer, Parks Director; Bill Sturm, Assistant Parks Director /Landscape Operations
Manager /City Forester; Lynn Lorenson, City Attorney; Trish Wendorf, Recording Secretary
1) Consider extending the period of enforcement of the Fox River No Wake Zone in and around the
Oshkosh /Conaress Avenue bridge
Mr. Maurer reiterated his memorandum to the Board dated July 6, 2010 (said memorandum on file at the City
Parks office and made a part of these minutes). He stated staff received a number of signatures from citizens
and a letter requesting that a slow no -wake period be essentially 24 hours /7 days a week. Discussion was
brought up in July 2000 regarding this same request and the Parks Board decided not to take any action and
forwarded the request onto the City Council and the Council did deny the request on a unanimous decision.
Mitch Stephany, 1545 Arboretum Drive, distributed photographs (said photographs not made a part of these
minutes) depicting the property owners and businesses along the riverfront. He also distributed Google maps
(said maps not made a part of these minutes) which depicted the area in question and showed the amount of
boats in the water at certain times of the day. His concern is that during these periods when it is not a no -wake
zone, there is a diversity of activity in the lake. The river is 600 ft wide north of the river and a safe corridor is
only 200 ft. for boaters. This is a tight area to contain all the jet skiers, kayaks, canoes, etc.
Dennis Siekierke, 1545 Arboretum Drive, stated that during the eight years that he has been a property owner
along the riverfront, he has seen an increase in boat traffic. He noted there are large wakes with increase boat
speed and it becomes a dangerous situation due to the speed of boaters, including property damage. He would
prefer that the area in question become a no -wake zone 24/7.
John Surfer, 1545 Arboretum Drive stated he had damage on his dock due to the large wakes.
Tom Sitter, 905 Nicolet, stated he was present on behalf of the Oshkosh Boat Club. He stated he first heard
about this meeting this afternoon about 1 PM, so therefore, was unable to contact all of the members of the
Club for their input. He requested that the request be laid over for a month or so to enable him to discuss the
issue with the Oshkosh Boat Club members. He stated there are a number of sections of the river with slow no-
wake zones. If the entire riverfront becomes slow no -wake and there are dangerous weather conditions at
times, boaters want to get back to their home port in a short period of time and the no -wake zones would hinder
their travel time.
Mr. Philipp inquired as to damage property owners are experiencing.
Mr. Stephany stated he has received damage to his docks due to the large wakes. As part of the River Mill
Condos, there is a requirement that there be 4 -lines attached to boats & the dock, and some people actually use
more than 4 lines. With the wakes, boats lift and rub against the pilings and rails and then there is damage to
both the docks and the boats. Boats become loose at times due to the wakes lifting the boats and tugging on the
lines. He and his son are jet skiers and when loading back onto their trailers, some of the wakes are so large that
they become serious safety issues.
Mr. Wohler inquired about having the whole river become a slow no -wake area? He stated he has 50 years of
boating experience and is against this request. He also stated the Otter Street Fishing Club is against the request.
There is weak enforcement during the weekends and virtually no enforcement during the week. The Sheriff's
Department cannot enforce the laws /speed limits they have now.
Mr. Stephany stated he had no opinion about the entire river area being a slow no -wake zone, but if in front of a
boat launch or lift, he would prefer those areas being slow no -wake areas for safety reasons.
Mr. Michelson stated he would like the keep the no -wake zones status quo. He feels the public will not want to
visit Oshkosh via their boats if there is a continuous slow no -walk zone the entire length of the riverfront.
Motion by Fried to maintain a status quo of the period of enforcement of the Fox River No Wake Zone
in and around the Oshkosh /Congress Avenue bridge. Seconded by Michelson. Motion carried 3 -3 with
2 present (AYES: Fried, Gogolewski, Michelson, NAYS: Duff, Poeschl, Siiman; Present: Philipp,
Wohler).
We request that the Fox River area between just south of
Spellman's Marina to just north of Rainbow Park, be
to a ermanent "No Wake" zone for safe and t r
p o safety o pre t uri�r�
property damage. � }
JUL 2 9
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3UL 2 9 2010
C
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Page 1 of 1
Nancy Biedrzycki
From: tim gray [timgray7l @gm ail. com]
Sent: Wednesday, June 23, 2010 12:29 PM
To: Nancy Biedrzycki
Subject: Re: Rivermill needs your help!
On Wed, Jun 23, 2010 at 7:40 AM, Nancy Biedrzycki < nbiedrz cki ,new.rr.com wrote:
Hi Marina Members! We are going to attempt to change the area in front of our Marina to a 'No Wake'
zone 2417. The wakes that are caused by boats powering up during the week in front of our Marina are
tremendous! We are trying to protect our marina and your boats. Please read the attached and sign
and return the letter.
We'd also like as many people as possible to attend the meeting on July 12th.... strength in numbers!!!!
We only have one shot at this, so let's band together and see what we can accomplish.
We thank you for your support!!
Dennis & Nancy
Rivermill Dockmasters
I suport Dennis annd Nancy On the no wake policy 24/7 on the Fox River going going through
Oshkosh.
C rc n
D (, ' L ,
JUL 2 9 2010
CITY CLERKS OFFICE
7/12/2010
I, 1,1,a,,, - (" ?V ing a member
of Rivermill Marina, am in full support of changing the area of the
Fox River between just south of Spellman's Marina to just north of
Rainbow Park to a permanent "No Wake" zone for safety and to
prevent further property damage.
Signed
ZQ2� I
Address
JUL 2 9 201Q
CIT'OLrHK'S OFFICE
r
�-C 5 - 1 Je nA �- , being a member
of Rivermill Marina, am in full support of changing the area of the
Fox River between just south of Spellman's Marina to just north of
Rainbow Park to a permanent "No Wake" zone for safety and to
prevent further property damage.
Signed
Address
zsr 6. rnAlkr S4
OmrD , 4J21-
�. J".-'! L 9 2010
D FY CLEhK'S urrlCE
I, d M V J Z�4 /C being a member
of Rivermi Marina, am in full support of changing the area of the
Fox River between just south of Spellman's Marina to just north of
Rainbow Park to a permanent "No Wake" zone for safety and to
prevent further properly damage.
Address
9 7010 d
CITY k4Lt
Z d itl 'ON WdZI :Zl 010Z I inr
I, 6 V kA -, /`1 M -e ��— , being a member
of Rivermill Marina, am in 0 support of changing the area of the
Fox River between just south of Spellman's Marina to just north of
Rainbow Park to a permanent "No Wake" zone for safety and to
prevent further property damage.
Signed
A ,
Address
S (
D
at\e lr�ctt,�t being a member
of Rivermill Marina, am in full support of changing the area of the
Fox River between just south of Spellman's Marina to just north of
Rainbow Park to a permanent "No Wake" zone for safety and to
prevent further property damage.
Signed
1
Address
r
?j ''l JUL 2 9 2010
CITY CLERKS mot- vE
I, 2AZ�Z�/ being a member
of Rivermill Marina, am in full support of changing the area of the
Fox River between just south of Spellman's Marina to just north of
Rainbow Park to a permanent "No Wake" zone for safety and to
prevent further property damage.
Signed
Address
2 9 20 rQ
� �j CE
I, j :�-)/ 11 - e� W i to Yal J , being a member
of Rivermill Marina, am in full support of changing the area of the
Fox River between just south of Spellman's Marina to just north of
Rainbow Park to a permanent "No Wake" zone for safety and to
prevent further property damage.
Address
30 5 - � - P „,e- /ai
bS 11 16 4 " W / 5-� I e
D CCCCVCC
L� .JUL 2 9 2010
CITY CLERKS OF ICE
L w&_ being a member
of Rivermill Marina, am in full support of changing the area of the
Fox River between just south of Spellman's Marina to just north of
Rainbow Park to a permanent `No Wake" zone for safety and to
prevent further property damage.
i ed Address
BRUCE W STEVENSON
3879 SHOREBIRD CT.
OSHKOSH, WI 54904
G 1!l... 29 2010
T L'E,
I, _David Kuhnz ,
being a member of Rivermill Marina, am in full support of
changing the area of the
Fox River between just south of Spellman's Marina to just north of
Rainbow Park to a permanent "No Wake" zone for safety and to
prevent further property damage.
Signed Address
Kuhnz 1545 Arboretum Dr #406 Oshkosh, Wi 54901
D
JUL. 2 9 2010
�r �ICE
CI
TO: Ray Maurer, Parks Director
FROM: Nancy Biedrzycki, Rivermill Condos
SUBJECT: Slow No Wake Period Extension
DATE: July 6, 2010
The Wisconsin DNR Safe Boating booklet that accompanies everyone's boat registration documents specifically
states that it is illegal to "Operate a vessel within 100 feet of any dock, raft, pier, or restricted area on a lake at
greater than slow -no -wake speed ".
With that stated as the law, here is something to consider regarding boating safety on the river in Oshkosh.
The width of the river between Rainbow Park and the Rivermill Marina is approximately 600 ft. The Rainbow Park
pier extends approximately 100 ft east into the river. The Rivermill Marina's dock extends approximately 100 ft west
into the river. Fratello's restaurant boat dock extends west approximately a similar distance as the Rivermill's. That
leaves a 400 ft wide corridor for navigation. Now factoring the legally required 100 ft safety zone in front of each
dock or pier, the maximum width of the corridor for producing a wake is reduced to 200 ft wide in the middle of
the river. Operation of vessels in this narrow width area traveling in opposite directions on plane and at speed would
create a significant safety hazard and should not be allowed.
The current situation during the weekdays allows for boat traffic to travel on plane at speed in both directions
through this area. It has been observed that many boat operators ignore the law regarding the 100 ft safety zone in
front of the docks, piers and marina for various reasons. It is clearly is a violation of the law and represents a
significant safety risk to those in the area.
The suggested solution would be to extend the "NO WAKE" zone from just to the south of Spellmans Marina to
north past the Rainbow Park pier (where currently it is no wake on holidays and weekends) and supported with
adequate law enforcement. This would greatly enhance boating and personal safety in the area. Damage to personal
property on both sides of the river in this area would also be reduced.
A few other things to consider in coming to a decision:
• We understand that this matter was brought before the council in 2000 and was defeated. However, since
then traffic has greatly increased on the river
• boats have gotten larger and more powerful
• wakes can be hazardous to boaters and/or families that are trying to land and launch boats.
• there has been an increase of kayaks on the river
• wakes are a hazard when gassing up boats at Spellmans. There have been occasions when a large wake has
caused the gas nozzle to become disengaged while fueling causing gas to be spilled into the water and even
causing customers to get sprayed with gas on clothing, in faces and gas sprayed on the interiors of boats
• there has been damage caused to boats at Spellman Marina due to large wakes
• there has been damage to docks at Rivermill due to the large wakes causing the bobbing boats to pull so
hard at the lines that they have ripped up boards on the docks. Boats have sustained damage due to large
wakes.
• the seawalls are deteriorating at an accelerated rate along this section due to the large wakes
• It is our understanding that Mercury Marine no longer has a need to use this section of waterway as a
testing facility