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PUBLIC SAFETY MEETING Packet - 4/10/2014 CITY OF MUSKEGO PUBLIC SAFETY COMMITTEE AGENDA April 10, 2014 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE PUBLIC APPEARANCE UPDATES FROM POLICE DEPARTMENT UPDATES FROM FIRE DEPARTMENT NEW BUSINESS 1. Water Bugs ski jump agreement/placement for 2014 COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, MUSKEGO CITY HALL, (262) 679-4100. March 13, 2014 To: Finance Committee & Common Council From: Craig Anderson, Parks & Recreation Director Re: 2014 Water Bugs Agreements (Usage Dates/Pier Placement/Water Ski Jump) The Parks & Recreation Board is recommending approval of the usage dates and pier placement agreement. The 2014 park usage dates include 31 practice and 15 show dates (31 practices/14 show dates for 2013). We had one documented noise complaint last year and it was addressed on-site that same day. The pier placement agreement is for the placement of their pier, affixed to the shoreline of Idle Isle Park. There have been no changes to the pier agreement from last year. Common Council approves the water ski jump agreement. The Public Safety Committee reviews and forwards a recommendation to Council. A Water Bugs representative will be in attendance. Thank you for your consideration. PARKS AND RECREATION DEPARTMENT W182 S8200 Racine Avenue PO Box 749 Muskego WI 53150-0749 Office (262) 679-4108 Fax (262) 679-5637 AGREEMENT WATER BUGS SKI TEAM, INC. & CITY OF MUSKEGO CONCERNING PIER PLACEMENT AT IDLE ISLE THIS AGREEMENT is made by and between the Water Bugs Ski Team, Inc., a Wisconsin corporation, hereinafter referred to as “Corporation,” and the City of Muskego, hereinafter referred to as “City.” WHEREAS, the Corporation understands it may be necessary for the Corporation to obtain appropriate approvals, if any, from the Wisconsin Department of Natural Resources, hereinafter referred to as “WDNR,” for said pier placement; and WHEREAS, the City’s approval of the placement of said pier is conditioned upon the execution of this Agreement. NOW, THEREFORE, in exchange for the execution of this Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Corporation and the City agree as follows: 1. Term of Agreement A. The term of this Agreement shall commence on the date on which the Corporation obtains all required approvals from all governing bodies and agencies for placement of said pier. The Corporation shall provide the City copies of all approvals obtained by the Corporation under this Agreement. If no approvals are necessary, the Corporation shall provide the City with a statement to that effect. Unless earlier terminated by action of the City, the term of this Agreement shall terminate on the 28th day of September, 2014. B. The term of this Agreement shall automatically terminate in the event the Corporation is properly ordered or otherwise required to remove the pier from the Little Muskego Lake by any governmental authority or agency. C. Upon termination of this Agreement, the Corporation shall remove the pier, together with any related equipment and materials, within seven (7) calendar days. 2. Ownership and Placement of Pier A. At all times during the term of this Agreement the Corporation shall be the sole owner of the pier located at Idle Isle Park, W182 S6666 Hardtke Drive in the City of Muskego. The Corporation cannot, without the prior written approval of the City, assign any ownership interests in the pier or any of the Corporation’s rights, duties or obligations under this Agreement to any person, entity or association. B. The Corporation shall be responsible for the physical placing and removal of the pier from Idle Isle Park and Little Muskego Lake. The physical location of the pier shall be placed at a distance of thirty (30) feet from the 5' x 32' pier abutting the boat landing (see Exhibit A) having a maximum length of thirty (30) feet. C. The Corporation will allow the City and the public to use this pier at all times that it is not scheduled for exclusive use of the Corporation. The Corporation will make five signs, with prior approval of the Parks & Recreation Director. Two signs will indicate that the swimming area will be decreased in size ten minutes prior to and throughout the practice/show times as posted on the beach and at the entrance of the park. The swimming area will be increased to its original size ten minutes after the show or practice time unless in the case of a cancelled show or practice. The other two signs will indicate that the pier will be closed to the public one-half hour prior to and throughout the practice/show times posted at the pier and at the entrance of the park. The pier will be open to the public one-half hour after the show or practice time unless in the case of a cancelled show or practice. The last sign will indicate that the Corporation’s pier is not to be used for public swimming, diving or jumping from and no public boats shall be docked/moored to said pier. D. The Corporation shall be solely responsible for and shall promptly perform all maintenance and upkeep required or recommended for the pier and signs. In the event the Corporation fails at any time to perform any maintenance or upkeep reasonably deemed necessary by the City, upon written notice to the Corporation the term of this Agreement shall immediately terminate. 3. Liability Matters A. The Corporation shall indemnify the City and hold the City harmless against and from any and all liabilities, fines, suits, claims, demands and actions, including costs and expenses of any kind or nature including, but not limited to, attorneys’ fees brought or asserted by anyone due to or arising out of (i) any default by the Corporation in observing any provision of this Agreement required to be observed and performed by the Corporation, or (ii) any damage to property or injury to person or persons, including death, occasioned by or resulting from the Corporation’s pier and signs. B. During the term of this Agreement, the Corporation, at its expense, shall maintain comprehensive general liability coverage, bodily injury coverage and property damage coverage insuring the Corporation and the City against liability for injury to persons or property occurring on or about the pier and signs or arising out of the ownership, maintenance or use of the pier or signs. The insurance shall have a limit of not less than $1,000,000 per occurrence with an aggregate limit of not less than $2,000,000. The Corporation shall cause the City to be named as an additional insured for the types and limits of coverage stated above in respect to this Agreement and shall, upon request by the City, provide the City a certificate of insurance demonstrating the Corporation’s compliance with the above insurance provisions. C. The Corporation and its insurance carrier(s) shall provide the City not less than a 30-day notice of any change in the terms or conditions or the cancellation of any of the required types and limits of insurance coverage. 4. Notices A. Notices required or permitted by this Agreement shall be given by certified mail addressed as follows: In the case of the Corporation to: In the case of the City, to: Rick Nelson, President Director of Finance/Admin. Water Bugs Ski Team, Inc. City of Muskego P.O. Box 111 P.O. Box 749 Muskego, WI 53150 Muskego, WI 53150-0749 B. Notice shall be deemed to have been given on the date such notice is postmarked by the United States Post Office. 5. Miscellaneous A. The failure of either party to insist on strict performance of any term, covenant or condition hereof, or to exercise any option herein contained, shall not be construed as a waiver of such term, covenant, condition or option in any other instance. B. This Agreement cannot be changed orally, but only by an instrument signed by both parties. C. This Agreement shall be construed in accordance with and governed by the laws of the State of Wisconsin. IN WITNESS WHEREOF, the Corporation and the City have duly executed this Agreement on the _____ day of ____________, 2014. WATER BUGS SKI TEAM, INC. CITY OF MUSKEGO By:___________________________ By:____________________________ Rick Nelson, President Kathy Chiaverotti, Mayor ATTEST: ATTEST: By:____________________________ By:____________________________ Secretary Sharon Mueller, Director of Finance/Administration 2014 Water Bug Commitment Dates 31 Water Practices (31 in 2013) May 13, 14, 19, 20, 21, 27 (6) June 2, 3, 9, 10, 16, 17, 23, 24, 30 (9) July 1, 7, 8, 10, 14, 15, 22, 28, 29 (9) Aug 4, 5, 12, 18, 19, 25, 26 (7) 15 Shows (14 in 2013) May 28 June 4, 11, 18, 25 July 2, *3 (Ski Festival), 9, 16, 23, 30 Aug 6, 13, 20, 27 3 Tournaments Mercury Open: June 21 in Janesville State Tournament: July 18-21 in Wisconsin Rapids National Tournament: August 8-10 in Rockford Ski Lessons (for P&R) June 28 & July 12