Parks and Conservation Packet - 5/5/2015
CITY OF MUSKEGO
PARKS AND CONSERVATION
COMMITTEE AGENDA
May 5, 2015
5:30 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
APPROVAL OF MINUTES OF MARCH 3, 2015.
COMMUNICATIONS
1. Introduction of New Recreation Specialist - Adam Young
NEW BUSINESS
1. Introduction of Members
2. Election of President, Vice-President, and Secretary
3. Aster Hills Park Planning
4. Aster Hills Estates Park and Conservation Dedication Fees
5. Approval of Muskego Festival Rental Request for Veterans Memorial Park
6. Approval of Extension of Lease with Festival Committee for Veterans Memorial Park
Shelter
7. Review Letter from Franklin Community Education & Recreation in the Termination of
the Co-Op Agreement for Swim Lessons
8. Approval of Maintenance Agreement for Parks Garage Parking Lot for use by Horn
Brothers
9. Approval of Park Arthur Equestrian Trail Agreement
DIRECTOR’S REPORT
1. Community Development Director's Report
2. Public Works Director's Report
3. Conservation Coordinator's Report
4. Recreation Manager's Report
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Announcements only. No discussion or action will be taken.
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) 679-4136.
Unapproved
CITY OF MUSKEGO
PARKS AND RECREATION BOARD /
CONSERVATION COMMISSION JOINT
MEETING MINUTES
March 3, 2015
5:30 PM
City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Chairman Toby Whipple called the meeting to order at 5:30 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Toby Whipple, Ald. Borgman, Brett Hyde, Paul Peardon, Butch LeDoux, Ald. Wolfe,
Len Pilak, Howard Schneider, William Miller, and Julie Holubowicz.
Absent: Jerry Hulbert, Kelly Koble, Sharon Roy, and Barb Schroeder.
STATEMENT OF PUBLIC NOTICE
This meeting was noticed in accordance with the open meeting laws.
APPROVAL OF MINUTES
Approval of Joint Meeting Minutes from January 12, 2015.
Alderman Borgman made a motion to approve Approval of Joint Meeting Minutes
from January 12, 2015. Butch LeDoux seconded.
Motion Passed 0 in favor.
Brett Hyde abstained.
Approval of an Amendment to the Conservation Committee Meeting Minutes from September
17, 2014.
Alderman Wolfe made a motion to approve of an Amendment to the Conservation
Committee Meeting Minutes from September 17, 2014. William Miller seconded.
Motion Passed 5 in favor.
NEW BUSINESS
Approval of access easement on a portion of the Engel Conservation Property.
Alderman Borgman made a motion to recommend approval of an access easement
on a portion of the Engel Conservation Property. Alderman Wolfe seconded.
Motion Passed 10 in favor.
Park Arthur Volunteer Planting Project Information
Potential Closure of the Little Muskego Lake Hillview Drive Boat Launch
SE Quadrant Neighborhood Park Concept Plan Review
Brett Hyde made a motion to approve Concept #1 submitted by Graef for the SE
Quadrant Neighborhood Park. Len Pilak seconded.
Motion Passed 10 in favor.
Conservation Commission was excused.
2015 Baseball Schedule Update & Review of Baseball Camp at Park Arthur
Butch LeDoux made a motion to approve 2015 Baseball Schedule and Baseball Camp
at Park Arthur. Brett Hyde seconded.
Motion Passed 5 in favor.
Approval of New Park Rental Fees
Paul Peardon made a motion to approve the New Park Rental Fees. Butch LeDoux
seconded.
Motion Passed 5 in favor.
Approval of Old Town Hall Rental Request for Extended Hours
Brett Hyde made a motion to approve of Old Town Hall Rental Request for Extended
Hours. Alderman Borgman seconded.
Motion Passed 5 in favor.
Review of 2015 Water Bugs Practice/Show Dates
Butch LeDoux made a motion to approve the 2015 Water Bugs Practice/Show Dates.
Alderman Borgman seconded.
Motion Passed 5 in favor.
Review of Little Muskego Lake District Agreement
Butch LeDoux made a motion to approve the Little Muskego Lake District Agreement.
Alderman Borgman seconded.
Motion Passed 5 in favor.
Ald. Borgman was excused.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Announcements only. No discussion or action will be taken.
Public Works Director's Report
Conservation Coordinator's Report
Recreation Manager's Report
Next Meeting Date
ADJOURNMENT
Butch LeDoux made a motion to adjourn at 6:26 PM. Paul Peardon seconded.
Motion Passed 4 in favor.
Respectfully Submitted,
Kellie McMullen
CITY OF MUSKEGO
Staff Report to Parks & Recreation Board
May 5, 2015 Meeting
To: Common Council
From: Jeff Muenkel, AICP EDFP
Subject: Introduction of Members & Election of Officers
Date: May 1, 2015
1. Since this is a new committee we will take some time for everyone to introduce themselves. The new
committee consists of the following appointed members:
Toby Whipple
Lenny Pilak
Bill Miller
Paul Peardon
Sharon Roy
Howard Schneider
Jerry Hulbert: Plan Commission Rep
Bret Hyde: School District Rep
Alderman Bob Hammel
2. Secondly, we need to elect a President, Vice-President, and Secretary for the meeting for the coming
year. Staff will ask for nominations for President first. Upon nominations we will then take a voice
vote for approval. Upon approval of the President, the President will take over the meeting agenda and
begin by looking for nominations for the Vice-President and the Secretary.
The duties are broad and are as follows: President: Runs the meetings and discusses various agenda
items and agenda needs with staff as needed. Vice-President: Takes on the duties of the President in
the absence of the President. Secretary: Reads the roll call at the meetings and looks over various
grammar for any Plans that the committee may look to approve/adopt.
CITY OF MUSKEGO
Staff Report to Parks & Recreation Board
May 5, 2015 Meeting
To: Common Council
From: Jeff Muenkel, AICP EDFP
Subject: Introduction of Members & Election of Officers
Date: May 1, 2015
1. Since this is a new committee we will take some time for everyone to introduce themselves. The new
committee consists of the following appointed members:
Toby Whipple
Lenny Pilak
Bill Miller
Paul Peardon
Sharon Roy
Howard Schneider
Jerry Hulbert: Plan Commission Rep
Bret Hyde: School District Rep
Alderman Bob Hammel
2. Secondly, we need to elect a President, Vice-President, and Secretary for the meeting for the coming
year. Staff will ask for nominations for President first. Upon nominations we will then take a voice
vote for approval. Upon approval of the President, the President will take over the meeting agenda and
begin by looking for nominations for the Vice-President and the Secretary.
The duties are broad and are as follows: President: Runs the meetings and discusses various agenda
items and agenda needs with staff as needed. Vice-President: Takes on the duties of the President in
the absence of the President. Secretary: Reads the roll call at the meetings and looks over various
grammar for any Plans that the committee may look to approve/adopt.
CITY OF MUSKEGO
Staff Report to Parks Conservation Committee
May 5, 2015 Meeting
To:Parks & Conservation Committee
From: Jeff Muenkel, AICP
Subject:Aster Hills Estates Neighborhood Park Planning
Date: May 1, 2015
Background Information:
As the Board may recall we have approved the consultant Graef to complete the planning for the
new park within the Aster Hills Estates Subdivision to be developed later this year. Graef
presented some conceptual plans earlier this year that the Committee had some preliminary
comments on. We now have attached the final renderings based on the previous Committee
comments and based upon the geotechnical investigations that were completed.
The Committee will see that sufficient area is now found for all originally requested aspects of the
park including:
Parking area (maximized to accommodate an initial 40 spaces)
Playground area for 2-5 yr. olds and for 5-12 yr. olds
Space for a 24’x50’ pavilion
Area for a natural sledding hill
Turf area for miscellaneous park activities (Sized to accommodate official soccer and
baseball fields in future if need arises)
Various pathways
Stormwater management area
Graef also provided the possible costs for making this new park a reality. Please find these
numbers attached. The numbers show that the park could be upwards of $825,600. However,
please note that various contingencies are added in and the numbers do also include some
upgrades such as an enhanced playground surface. Staff will use these numbers at a future
Committee meeting this year when we make recommendation to the Council on what capital
projects we may want considered for the Council’s 2016 budget year. This budget meeting will
most likely take place at one of our upcoming summer meetings.
Recommendation for Action: At this time we would like Committee review of these plans and
any last request for changes/additions. Otherwise a recommendation of approval and we will then
simply wait until our budget discussions to determine what portions of the park we would like
developed in the upcoming year.
City of Muskego - Aster Hills Park
Opinion of Probable Construction Cost
April 15, 2015
Page 1 of 1 2015-0350.00
Schematic Design
Item Description Measure Quantity Cost/Measure Total Cost
Demolition, Grading & Erosion Control
1 Topsoil striping (12" depth) and respread (6" depth) SF 292,800 0.25$ 73,200.00$
2 Rough Grading (Import 1,700 CY) CY 2,000 20.00$ 40,000.00$
3 Erosion Control LS 1 7,500.00$ 7,500.00$
4 General Conditions (3%) LS 1 21,000.00$ 21,000.00$
141,700.00$
Site Improvements
1 Hydroseed Athletic Blend AC 3.8 6,666.67$ 25,000.00$
2 Hydroseed Lawn SF 51,500 0.15$ 7,725.00$
3 Bike Path from Neighborhood, 6'W, Asphalt SF 2,760 4.00$ 11,040.00$
4 Park walks, 6'W , Asphalt SF 5,220 4.00$ 20,880.00$
5 Pavilion with installation, BUDGET EA 1 100,000.00$ 100,000.00$
6 Pavilion Concrete, 7" depth SF 2,467 7.50$ 18,502.50$
7 Asphalt Parking, 4" on 8" base SF 15,500 4.50$ 69,750.00$
8 Curb and Gutter, 30" LF 750 25.00$ 18,750.00$
9 Flush Curb and Gutter LF 110 22.00$ 2,420.00$
10 Split Rail Fence LF 72 25.00$ 1,800.00$
11 Playground Surface SF 3,150 15.00$ 47,250.00$
12 Playground Equipment LS 1 203,000.00$ 203,000.00$
Large Climber LS 1 125,000.00$
Small Climber LS 1 50,000.00$
Small Rider LS 1 25,000.00$
Swings, 2-bay, 10'H, 3.5" beam, 2.5" post LS 1 3,000.00$
13 Plantings LS 1 7,500.00$ 7,500.00$
14 Broadcast Seed Meadow SF 13,867 0.15$ 2,080.05$
15 Bioretention Basin Seed SF 2,600 0.50$ 1,300.00$
16 Bioretention Basion Engineered Soil CY 233 40.00$ 9,320.00$
17 Sledding Hill Revegetation and finished grading SF 59,650 0.25$ 14,912.50$
561,230.05$
Site Utilities Options
1 Pavilion Electrical Connection LS 1 10,000.00$ 10,000.00$
2 Parking Lot Light Pole LS 1 5,000.00$ 5,000.00$
3 Pavilion Sanitary Service (not included) LF -$
4 Pavillion Water Service (not included) LF -$
15,000.00$
717,930.05$
15% Contingency 107,689.51$
TOTAL OF OPINION OF PROBABLE CONSTRUCTION COST (2015 PRICES) 825,619.56$
Notes:
1 - Concept including pathways south of baseball diamond construction not included
2 - Sanitary Sewer and Water services to the Pavilion not included
3 - Drain Tile excluded from cost opinion as groundwater was not observed during geotechnical exploration performed by PSI
Geotechnical Report dated April 9,2015
4 - 2015 Unit Prices
5 - Engineering Design Costs, Construction Administration, Inspection, Legal, etc. not included
Site Utilities Subtotal
Site Improvements Subtotal
Construction Subtotal
Demolition, Grading & Erosion Control Subtotal
SCALE - 1"=30'-0"
CITY OF MUSKEGO, Wisconsin
NORTH
906030150
April 15, 2015
ASTER HILLS ESTATES
Neighborhood Park
priegel drive
bo
x
h
o
r
n
r
e
s
e
r
v
e
d
r
i
v
e
open pavilion
with storage
(24'x50')
parking lot
40 spaces
entry
drive
existing
wetland
bicycle
path
revegetate
sledding
hill
open grass area
soccer fields
full size and U10
VEGETATED
FILTER STRIP
terrace
playground
2-5yr. & 5-12yr.
drainage pipe
from filtration
trench
TURF
AREA
BASEBALL FIELD
250' FOUL LINES
existing
wetland
Page 1 of 1
CITY OF MUSKEGO
Staff Report to Parks and Conservation Committee
To: Parks and Conservation Committee
From: David Simpson, P.E., Director of Public Works/City Engineer
Subject: Aster Hills Estates
Date: April 29, 2015
The Developer of Aster Hills Estates has requested that the City consider accepting
a land dedication in lieu of park dedication fees for their Development. Because this
issue ties directly to the Development Agreement and past approvals given by the
Common Council we are recommending that this be moved to Common Council for
discussion and a decision at the time a Development Agreement is approved.
Recommendation:
Recommend referring the decision regarding park dedication fees to the Common
Council.
Page 1 of 2
CITY OF MUSKEGO
Staff Report to Parks and Conservation Committee
To: Parks and Conservation Committee
From: Tammy Dunn, Recreation Manager
Subject: Muskego Community Festival Park Facility Request
Date: April 23, 2015
Attached is a request from the Muskego Community Festival Group for their rental of
Veterans Memorial Park from August 24-September 1. The request is for 7:00 a.m. to
8:00 p.m., however it has been indicated that is the time they will arrive on 8/24 to the
time the leave on 9/1. Park hours are asking to be extended to 11:30PM.
Also, attached are the minutes from the festival committee meetings in 2015. Here you
will find discussions on vendors, attractions, activities and special events they have
planned for the course of the festival.
Recommendation for Action by Committee:
Recommend approval of the event with the following conditions:
1. Park Rental fee is waived for the dates of August 24-September 1.
2. Park hours are approved to extend to 11:30 p.m. on the nights of the festival:
August 27, 28, 29 and 30.
3. Park restoration will be billed to the festival for any and all improvements to the
city grounds including the area around the city hall building and the Veterans Park
area.
4. Renter would secure event insurance listing City of Muskego as an additional
insured with the dates of the event being from the day carnival vendors arrive
until September 2 when all festival items are gone.
5. Renter will have a dumpster placed alongside the parking lot on Pioneer Drive.
Said dumpster would be removed promptly by September 2 or daily park rental
fees will be charge to the festival committee until the dumpster is removed.
6. Parks & Conservation Committee reviews and discusses the intended activities to
be held in the city’s park and makes appropriate recommendations to the festival
committee, keeping in mind Chapter 26 guidelines for park use. (alligator
wrestling & helicopter rides)
7. Discussion will take place in regards to finding alternate parking options to lessen
the turf damage to the areas around city hall.
8. Beer permits for the park as well as a liquor license will be secured no later than
August 14. This is to cover the carnival vendors on city grounds up to the start of
the festival (8/24-9/1)
Page 2 of 2
9. Carnival vendors who will be camping on park grounds, it is suggested that they
park all recreational vehicles and those vehicles used to tow the carnival rides on
the asphalt areas of Old Town Hall. It is recommended that all heavy equipment
is kept off the wet area off the tree lined area bordering the park.
10. The city will have the restrooms cleaned once daily by our contracted cleaning
vendor. If they find additional cleanings are required for sanitary reasons, the
festival will be billed for those additional cleanings at $50/event. Spot cleaning
throughout the day will be the responsibility of the festival. Festival will supply all
necessary paper products for the duration of their approved use (8/24-9/1).
11. Carnival vendors may not run hoses or power cords from Veterans Park Shelter
for hook-up for the personal water or electric.
12. Carnival vendors will be instructed prior to their arrival that there are no dogs
allowed in city parks and that includes the time they are on site overnight.
2015 Muskego Community Festival Committee
Officers
Jeff Baker Vice Chairperson
S76 W22215 Glenecho Rd Food and Space Chairperson
Muskego, WI 53150 American Legion
Cell: (262) 389-9087
Email: Jbaker66@wi.rr.com
Bob Bankenbusch Beer Tent Chairperson
W193S7199 Richdorf Dr. VFW
Muskego, WI 53150
Res: (262) 679-2323
Email: vfw8171@gmail.com
Karen Thibedeau Secretary
S78W15451 Foxtail Circle Muskego Moose Lodge
Muskego, WI 53150 Past Festival Chairperson 2006
(414) 422-4673
Email: kthibedeau@wi.rr.com
Glenda Holm Treasurer
170 S. 2nd Street Little Muskego Lake Assn. &
Milwaukee, WI 53204 Chamber of Commerce
Bus: (414) 765-0558
Cell: (414) 530-0558
Email: gem@ticon.net
Committee Members
Arthur Benotti Beer Tent Vice-Chairperson
S79W16940 Green Str. VFW
Muskego, WI 53150-8052
Res: (414) 422-0405
Email: artiecarolb@sbcglobal.net
Julie Lago Grounds Chairperson
5447 S. Egofske Rd. Muskego Icetronauts
New Berlin, WI 53146 Past Festival Chairperson 2007
Res: (262) 679-8758
Cell: (262) 389-1838
Email: Jlago@acosta.com
Scott Lago Entertainment Chairperson
5447 S Egofske Rd. Muskego Icetronauts
New Berlin, WI 53146 Past Festival Chairperson
Res: (262) 679-8758 2009 & 2010
Cell: (414) 416-1506
Email: JLago@acosta.com
Gary Stewart Food and Spac Co-Chairperson
W136 S8415 Holz Dr. American Legion
Muskego, WI 53150 Past Festival Chairperson 2000
Cell: 870-0101
Bus: (414) 422-1700
Keith Groth Grounds Vice Chairperson
S76W19463 Prospect Drive Muskego Icetronauts
Muskego, WI 53150
(262) 679-2895
Email: wrench3936@yahoo.com
Chuck Azzolina Parade Chairperson
W189S7649 Circle Dr. Chamber of Commerce
Muskego, WI 53150 Past Festival Chairperson 2008
Res: (262) 679-7659
Cell: (414) 617-5005
Email: cazzolina@wi.rr.com
Jeff Hoeser Parade Vice Chairperson
W162S7420 Charlotte Ct. Chamber of Commerce
Muskego, WI 53150 Past Festival Chairperson 2005
(414) 422-9095
Email: jeffhoeser@hotmail.com
Tom Kronenburg Parking Chairperson
4691 S. 112th St. Muskego Moose Lodge
Greenfield, WI 53228
(414) 708-7716
Email: thomaskbird@aol.com
Julie Kronenburg Parking Vice-Chairperson
4691 S. 112th St. Muskego Moose Lodge
Greenfield, WI 53228
(414)425-6048
juliethewife@aol.com
Carla Regini Volunteer Hours Chairperson
S98W13356 Chick Evans Ct. Woman's Club
Muskego, WI 53150 Festival Chairperson 2011 &2012
Bus: (414) 302-4159
Cell: (414) 841-3660
Email: hometownmuskego@yahoo.com
Terri Hudziak Volunteer Hours Co-Chairperson
W183 S7808 Kelly Drive Woman’s Club
Muskego, WI 53150
Res: (262) 679-8721
Cell: (262) 617-7507
Email: zterri@milwpc.com
Walter Spitzer Publicity Chairperson
W182 S6565 Garnet Dr. LMLA
Muskego, WI 53150
(262)679-0480
wsslmla@ameritech.net
Kurt Barry Tickets Vice-Chairperson
S71W16870 Foxcroft Ct Muskego Athletic Assn.
Muskego, WI 53150 Past Festival Chairperson 1999
Res: (414) 422-1176
Email: kbarry@wi.rr.com
Joe Thibedeau Consultant/Ticket Sales
S78W15451 Foxtail Circle Muskego Athletic Assoc.
Muskego, WI 53150 Muskego Moose Lodge
(414) 422-4673 Past Festival Chairperson 2002
Email: kthibedeau@wi.rr.com
Kevin Kubacki Mayor's Appointee to Committee
W203 S11072 Pt. Denoon Rd.
Muskego, WI 53150 Common Council
Phone: (262) 478-7676
Dave Castona Chairperson 2013 & 2014
6055 Preston Ln. Electrician
New Berlin, WI 53151 Lions Club
Cell: 414-369-0648
Email: dcastona@att.net
MUSKEGO COMMUNITY FESTIVAL
Minutes of the March 17, 2015 Meeting
Chairperson Jeff Baker the meeting to order at 7:00p.
Present: Jeff Baker, Bob Bankenbusch, Karen Thibedeau, Glenda Holm, Art Benotti, Scott
Lago, Julie Lago, Keith Groth, Gary Stewart, Jeff Hoeser, Chuck Azzolina, Kurt Barry, Walter
Spitzer, Terry Hudziak, Kevin Kubacki.
Excused: Dave Castona, Julie Kronenburg, Tom Kronenburg, Carla Regini, Joe Thibedeau
Absent: None
Reading of the Minutes: Karen Thibedeau
Minutes from January were distributed. Corrections were made.
Scott Lago made a motion to approve the minutes with corrections. Wally Spitzer seconded.
Motion carried.
Treasurer's Report: Glenda Holm
February financial report was distributed and discussed. Julie Lago made a motion to accept the
treasurer report. Wally Spitzer seconded. Motion carried.
Vice-Chairman's Report: Bob Bankenbusch
Nothing to report at this time.
Committee Reports
Grounds/Security: Julie Lago
Nothing to report at this time.
Parking: Tom Kronenburg
Not present to report.
Entertainment: Scott Lago
Friday in the food court will be Whiskey Belles, a 3-piece female group.
Saturday in the food court from 3:30p-7:30p will be a local country band, Bar Dog Sitters.
Saturday on the main stage from 7:30p o 11:30p will be the Love Monkeys.
Sunday in the food court will be Muskego’s Got Talent.
Scott still looking for an act to be in the main tent to start after the parade on Sunday.
Alligator wrestling show secured.
Parade: Chuck Azzolina
No Grand Marshall or theme presented by MAA, honored group. Kurt said they have a meeting
the next night and he will email Chuck and also present at the April meeting.
Chuck will upload the new registration form.
Food and Space: Jeff Baker
Gary Stewart and Jeff Baker are working on a flat rate as an appropriate charge for space.
Thought was to possibly name smaller vendors ‘specialty’ vendors to keep costs more reasonable
so they don’t struggle with a flat fee. They cautioned that there could be turnover of vendors
due to change to a flat rate. Jeff searched other festival sites and it appears our electric charge is
too low; he will figure out what should be charged just to recover the electrical fee. Gary asked
Glenda if booth fees could be categorized/divided; also grounds and merchandise. This would
provide a better understanding of what is charged and what is earned.
Beer Tent: Bob Bankenbusch
Nothing to report at this time.
Publicity: Wally Spitzer
Tried several different search engines and there are still problems getting to our festival website;
he is still working on it. Wally is working with the Chamber of Commerce on the Value
Mailing insert information; the cost will be $200 and they will be mailed to Muskego and New
Berlin residents. Jeff Baker asked Wally if he could please edit the website to reflect that he is
now Food and Space Chairperson.
Ticket Sales: Kurt Barry
Kurt reported that for 50,000 tickets the cost range would be $287-$881; we can pick the color,
style, have festival name printed on them. He said finding a local printer is a possibility. More
committee members preferred the pad to a roll. Jeff Hoeser checked into coins to use instead of
tickets: wooden ones are about 11cents each, plastic ones are about 16 cents each. The
committee asked Jeff to draft a proposal for the coins/tokens. Further discussion to be tabled
until April meeting. Members are asked to bring additional questions or thoughts for further
discussion.
Volunteer Hours: Terri Hudziak
Terri communicated that if there is a change from traditional tickets, not as many sellers will be
needed and volunteer hours will need to distributed or cut back. The Woman’s Club will still
print and mail out sponsorship letters.
City Representative: Kevin Kubacki
Kevin was happy to hear that the festival received the city’s donation. He discussed the city’s
need for the storage facility in the pavilion at the park. Scott discussed the initial construction
of pavilion and the purpose. Kevin provided a cost data sheet for Veteran’s Park outlining the
costs and who paid for each item. Festival records show agreement between Muskego Finance
Director and the festival stating that the festival has exclusive rights to the storage facility for as
long as the festival exists and/or the life of the structure. Each party has conflicting
documentation.
Old Business:
Jeff B. asked Scott if he could talk to Chuck from the carnival regarding carnival trailers and
where they should park. Now that the snow is gone, an assessment of the grounds should be
made, consider parking on Pioneer Drive an option in lieu of parking on the grass. This
includes cars from festival goers. A decision whether or not to change where the parking of the
cars will be should be decided upon by May.
The committee discussed the proposal from Ron Lucas, Muskego’s Got Talent coordinator, for
financial support of the event; Mr. Lucas presented this event as providing entertainment for the
festival. Suggestion was presented that if Mr. Lucas could secure a sponsor, the festival would
gladly help with promoting the event and sponsor, but would not contribute a financial donation.
At this writing, the committee has decided not to offer financial support.
New Business:
None at this time
.
Festival dates are August 27th through 30th.
Jammin on Janesville will be June 5th and August 7th which will be a great time to promote
festival.
Motion to adjourn meeting at 8:45p was made by Julie Lago. Motion seconded by Jeff Hoeser.
Motion carried.
Next meeting is April 21, at 7pm.
Respectfully submitted,
Karen Thibedeau
Secretary
CITY OF MUSKEGO
Staff Report to Parks and Conservation Committee
To: Parks and Conservation Committee
From: Tammy Dunn, Recreation Manager
Subject: Lions Club Pavilion Storage Agreement with the Festival Committee
Date: April 23, 2015
The agreement made between the City and the Festival Committee for the exclusive use rights
for the main storage area in the Lions Club Pavilion at Veterans Memorial Park, which was in
effect from July 1, 2005, will be expiring on June 30, 2015.
As this agreement is expiring, I am suggesting we grant an extension of the agreement through
the end of this year, with the new end date being December 31, 2015.
During the extension period we will work with the Festival Committee and their
respresentatives, as well as the Council Representative on the Festival Committee to make the
appropriate changes to the agreement and then bring the newly formatted agreement to
Council for approval.
We are relying on the members of the former Parks and Recreation Board to assist us with
some of the history of this agreement.
Attached is signed agreement and the Common Council Resolution.
CITY OF MUSKEGO
Staff Report to Parks and Conservation Committee
To: Parks and Conservation Committee
From: David Simpson, P.E., Director of Public Works/City Engineer
Subject: Horn Brothers Parking Agreement
Date: April 27, 2015
The City has a long standing agreement that allows Horn Brothers use of the City’s
Park’s building parking lot on Pioneer Drive. The attached agreement has been
updated to reflect the most recent agreement entered into by the City for the
Freedom Square parking lot.
Recommendation:
Recommend approval of the attached agreement.
Page 1 of 1
Document Number
CITY OF MUSKEGO/HORN BROTHERS &
MAINTENANCE AGREEMENT FOR
PARKS GARAGE PARKING LOT
Document Title
This agreement is made and effective as of the _____ day of
_______________, 2015, by and between Horn Brothers, Inc. (the
“Business”) and the City of Muskego (the “City”).
Section One: Introduction
A. Properties. Although neither party warrants title to the other, the
City is believed to be the owner of a property addressed as
W180 S7732 Pioneer Drive, known as tax key number MSKC
2196-976 (the “Parks Garage”); and the Business is believed to
be the owner of the property located across the street addressed
as W180 S7725 Pioneer Drive, known as tax key number MSKC
2195-957 (the “Business Property”).
B. Purpose. It is the intention of the City and the Business to share
use and responsibility for the ongoing maintenance and repair of
a portion of the Parks Garage parking lot. It is further the
intention of the City and the Business that the Parks Garage
parking lot shall be a City facility.
Recording Area
Name and Return Address
Attorney Eric J. Larson
P.O. Box 1348
Waukesha, WI 53187-1348
MSKC 2198-981-001
Parcel Identification Number (PIN)
C. Consideration. The Business has determined that it has insufficient parking on its property, and has
approached the City with a request to utilize a portion of the parking lot within the Parks Garage
property. The City and the Business, upon their mutual promises, and upon the foregoing mutual
benefits, find that there is ample consideration for this agreement and hereby intend to be bound
Section Two: Parking Lot Use, Operations, & Costs
A. Parking Lot Area- The Business will only be allowed to utilize the specific area shown on Exhibit A.
B. Parking Lot Use – The Parks Garage parking lot may be used for short-term parking subject to the
terms and conditions set forth hereinafter.
All parking spots in the parking lot shall be equally shared on a first come, first served basis by the
City, and the Business. It is understood by both parties that the parking lot area is strictly for short -
term daily employee and Business owned vehicle parking. No long-term parking in excess of 24
hours or storage of vehicles, materials or any other things that would reduce area capacity shall be
allowed. The following exceptions can be made upon prior agreement with involved parties, which
shall not be unreasonably withheld: Parking of Business owned vehicles may be allowed.
Absolutely no blocking of traffic flow lanes shall be allowed. No one can disrupt, restrict or deny the
free use of the parking lot area as herein provided.
C. Winter Maintenance – The Business shall be solely responsible for any desired snow removal and
salting costs for winter use of the parking lot. The Business may contract or perform such winter
maintenance directly, though if such work is done in a way that is not satisfactory to the City, the
City has the right to perform such work to its satisfaction and invoice the Business for all costs
incurred, in order to preserve the health, safety and welfare of persons and property using the City’s
Parks Garage parking lot.
D. Defined Costs – The “Defined Costs” as used herein shall mean all Parking Lot Resurfacing,
Parking Lot Surface Overlay, and Parking Lot Striping. The defined costs include all costs and
expenses of any type that the City incurs in connection with this work, including the cost of
professional services incurred by the City (including engineering, legal, planning and other
consulting fees) and all contracting costs, plus actual time for City personnel at City hourly rates plus
40% for benefits, and materials. The parties recognize that it is recommended to perform
resurfacing/striping every 5 years. The parties further understand that it is recommended to perform
parking lot overlay every 10 years. All work will be performed/contracted for by the City or the City’s
contractors and the Business will be invoiced for their cost percentage depicted in Section 3, below.
The determination of whether a long term maintenance project shall be done for safety reasons
and/or end of infrastructure’s useful life will be the responsibility of the City with notification to each
party one year in advance of the work being performed, for budgeting purposes. The determination
of whether other work encompassed within the Defined Costs shall be done, shall be made at City’s
discretion.
E. Damage to Parking Lot – The City and Business shall be responsible for any damage they may
cause to the parking lot area, respectively. The party responsible for such damage shall promptly
make all needed repairs, restoring the area to its condition prior to the damage.
F. Obstructions to Use of the Parking Area - Neither the City or Business, nor any person permitted to
use the parking lot under the terms of this agreement, may utilize the parking lot area in a way that
permanently interferes with its use by any other person permitted to use it. Any obstructions or
impediments to the use of the parking lot contrary to the terms of this agreement may be removed,
without notice, by the City and the cost of such removal shall be borne by the party causing or
responsible for such obstruction. Business use must not interfere with park operations. City
reserves the right to close off any of the parking lot to business parking as necessary for park
operations.
G. Enforcement of Parking Lot Agreement - The City shall have the right to legally enforce this
agreement and the covenants, conditions and restrictions set forth herein, by whatever action or
actions are legally available, including, without limitations, enjoining any violation or threatened
violation hereof.
H. Amendments - This parking lot agreement may not be modified, amended or terminated except by
execution and recording of a written instrument signed by all owners.
I. Successors - All of the terms, covenants, conditions and obligations set forth in this agreement shall
inure to the benefit of and bind the Business and their respective personal representatives, heirs,
successors, transferees and assigns, and shall continue as a servitude running in perpetuity with the
Business Property. This Section allows for City enforcement of the terms and conditions of this
agreement against all such successors. This section does not, however, grant rights to such
successors absent the City’s written consent, as described in Section Six B.
J. Severability - If any provision or specific application of this parking lot agreement is found to be
invalid by a court of competent jurisdiction, the remaining provisions or specific applications of this
parking lot agreement shall remain valid and binding.
K. Recording - This agreement shall be recorded in the office of the Waukesha County Register of
Deeds against the Business Property and shall run with the Business Property land.
Section Three: Percentage of Total Defined Costs by Each Party
A. City Cost: Responsible for 50% of defined costs
B. Business Cost: Responsible for 50% of defined costs
Section Four: Other Costs
A. In the event of vandalism/storm damage of property to defined parking lot, uninsured expenses not
covered by the City’s property insurance policy, will be paid on a percentage basis with the City
paying 50% and the Business paying 50%. This includes the deductible for that item needing to be
replaced.
B. All other associated costs with said parking lot, not outlined in this agreement, must be mutually
agreed upon by both the City and the Business if both parties are expected to share in the cost.
Section Five: Payment Guarantee
A. The Business agrees and warrants to City that all costs described in this agreement (including but
not limited to the Winter Maintenance Costs of Section Two C., the Defined Costs of Section Two
D., and the Other Costs of Section Four), in the applicable percentage described herein, are a
benefit to the Business Property, and are provided as a service to the Business Property. The
Business agrees, further, that such costs, if not paid within the time required by the City, may be
imposed against the Business Property as a special charge, pursuant to Wisconsin Statutes Section
66.0627, and collected as a special tax. Such remedy shall be in addition to, and not in lieu of, such
other remedies as may be available to City.
Section Six: Legal Provisions
A. Default. Should either party fail to carry out this Agreement, the other party shall be entitled to
exercise any and all available rights and remedies at law or in equity.
B. Assignment. Neither the Business nor the City may assign its interest under this Agreement without
the other party’s prior written consent, which may be granted or withheld in such party's sole
reasonable discretion.
C. No Warranties or Representations; and Indemnification. The City makes no representations or
warranties whatsoever about the parking lot, the safety thereof, their fitness for a particular purpose
or any other aspect of the parking lot. In addition to, and not to the exclusion or prejudice of, any
provisions of this Agreement or documents incorporated herein by reference, the Business hereby
waives all claims arising out of this Agreement, and shall indemnify and save harmless and agrees
to accept tender of defense and to defend and pay any and all legal, accounting, consulting,
engineering and other expenses relating to the defense of any claim asserted or imposed upon the
City, its officers, agents, employees and independent contractors growing out of this agreement by
any party or parties.
D. Notices. All notices permitted or required by this Agreement shall be given in writing and shall be
considered given upon receipt if hand delivered to the party or person intended, or upon facsimile
transmission to the fax numbers set forth herein, or one business day after deposit with a nationally
recognized overnight commercial courier service, air bill prepaid, or three (3) business days after
deposit in the United States mail, postage prepaid, by certified mail, return receipt requested,
addressed by name and address to the party or person intended as follows:
To the Business: Horn Brothers, Inc.
W180 S7725 Pioneer Drive
Muskego, WI 53150
To the City: City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53150-0749
Attn: City Clerk-Treasurer
Fax No.: 262-679-4106
E. Governing Law. This Agreement concerns real property located in the State of Wisconsin, and shall
be interpreted and construed according to the laws of the State of Wisconsin.
F. Severability of Provisions. If any of the terms or conditions contained herein shall be declared to be
invalid or unenforceable by a court of competent jurisdiction, then the remaining provisions and
conditions of this Agreement, or the application of such to persons or circumstances other than
those to which it is declared invalid or unenforceable, shall not be affected thereby and shall remain
in full force and effect and shall be valid and enforceable to the full extent permitted by law.
G. Captions. The captions in this Agreement are inserted only as matters of convenience and for
reference and in no way define or limit the scope or intent of the various provisions, terms or
conditions hereof.
H. Binding Effect. The terms and conditions of this Agreement shall be binding upon and benefit the
parties hereto and their respective successors and permitted assigns.
I. Entire Agreement. This writing constitutes the entire agreement between the parties hereto, and all
prior statements, letters of intent, representations and offers, if any, are hereby terminated. This
Agreement may be modified or amended only by written instrument signed by both parties.
J. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be
deemed an original.
K. Representations as to Authority. Each party to this Agreement represents and warrants that: (a) it
has the power and authority to consummate the transactions contemplated by this Agreement; (b)
all proceedings necessary for it to consummate the transactions contemplated by this Agreement
have been duly taken in accordance with law; and (c) the persons executing this Agreement on
behalf of it have been duly authorized to execute this Agreement.
L. Fax Signatures. The parties agree that fax signatures shall be binding on the parties hereto.
Section Seven: Insurance
1. Property Insurance. The Business shall carry a Valuation Policy (replacement value) with
the defined Facilities identified, with a maximum deductible of $500.00.
2. Liability Insurance. The City and Business shall carry minimum liability insurance of:
Personal & Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage $ 250,000
Medical Expense $ 10,000
Section Eight: Dispute Resolution
In the event of a dispute between the Business and the City arising out of this Agreement or the use of
the parking lot, the Business and the City agree to attempt to resolve such dispute through mediation.
In the event that the Business and the City cannot agree upon a mediator, they shall each propose a
qualified mediator, and such qualified mediators shall choose a qualified third-party who will mediate the
dispute. In the event that mediation does not resolve the dispute, the Business and the City agree to
submit the matter to binding arbitration. Such arbitration shall be conducted in accordance with the
then-current rules for commercial arbitration of the American Arbitration Association. The arbitration
shall be before one arbitrator who is chosen in accordance with the American Arbitration Association
procedures. The arbitrator’s decision in the dispute shall be binding.
Section Nine: Term
This agreement shall be effective for an initial term of one (1) year, and thereafter shall automatically
renew for successive monthly periods in perpetuity unless terminated pursuant to the termination
procedures of Section Ten, below.
Section Ten: Termination
This agreement may be terminated by either party with or without cause upon written notice, to be
effective 30 days following the date of the notice, subject to the following:
A. Business Terminates. The Business is prohibited from terminating this
agreement at any time when the Business owes compensation to the City pursuant to this
agreement, or when costs have been or are being incurred which are subject to compensation
to the City from the Business. Any attempt to terminate this agreement at such a time shall be
effective only following the full payment of any such compensation to the City and completion
of the 30 day notice period, whichever occurs last.
C. City Terminates. The City may terminate this agreement immediately upon 30 day
written notice to the Business. No compensation shall be due to the Business.
Upon termination of this agreement, the City shall have the right to prohibit the Business and patrons of
the Business from using the parking lot. No termination of this agreement shall relieve the Business or
its successors from the payment obligations described herein. Section Five of this agreement and all
payment terms referenced therein shall survive any termination, for costs incurred prior to the date of
termination.
IN WITNESS WHEREOF, the parties have executed this use and maintenance parking lot agreement.
[Signatures on the following pages]
Dated this _____ day of _______________, 2015.
City of Muskego
By: ________________________________
Print Name: Kathy Chiaverotti
Title: Mayor
ATTEST:
By: __________________________________
Print Name: Sharon Mueller
Title: Finance/Admin. Director/Clerk
STATE OF WISCONSIN )
) ss.
COUNTY OF WAUKESHA )
Personally came before me on this _________ day of ________________, 2015, the above-named
Kathy Chiaverotti, Mayor; and Sharon Mueller, Finance/Admin. Director/Clerk, executed the foregoing
instrument and acknowledged the same.
_______________________________
NOTARY PUBLIC, STATE OF WI
My Commission Expires: ___________
Dated this _____ day of _______________, 2015.
BUSINESS
By: _________________________________
Print Name: __________________________
Title: ________________________________
STATE OF WISCONSIN )
) ss.
COUNTY OF WAUKESHA )
Personally came before me on this _________ day of ________________, 2015, the above-named
_____________________________ executed the foregoing instrument and acknowledged the same.
_______________________________
NOTARY PUBLIC, STATE OF WI
My Commission Expires: ___________
Dated this _____ day of _______________, 2015.
BUSINESS
By: _________________________________
Print Name: __________________________
Title: ________________________________
STATE OF WISCONSIN )
) ss.
COUNTY OF WAUKESHA )
Personally came before me on this _________ day of ________________, 2015, the above-named
_____________________________ executed the foregoing instrument and acknowledged the same.
_______________________________
NOTARY PUBLIC, STATE OF WI
My Commission Expires: ___________
Page 1 of 1
CITY OF MUSKEGO
Staff Report to Parks and Conservation Committee
To: Parks and Conservation Committee
From: David Simpson, P.E., Director of Public Works/City Engineer
Subject: Park Arthur Equestrian Trail Agreement
Date: April 29, 2015
The City has an agreement with 4Js to help with the maintenance of equestrian
trails with Park Arthur. The attached agreement has been updated to meet our
Attorney’s recommendations.
Recommendation:
Recommend approval of the attached agreement.
PARK ARTHUR EQUESTRIAN TRAIL AGREEMENT
This agreement is made and effective as of the _____ day of __________, 2015, by and between Bob
Janke d/b/a 4J’s Equestrian Center (“Stable Owner”) and the City of Muskego (the “City”).
Preamble
A. Properties. Although neither party warrants title to the other, the City is believed to be the
owner of a property known as Park Arthur, further identified by Tax Key Number MSKC2173993
(the “Park”); and the Stable Owner is believed to be the owner of property located next to the
park addressed as S36W17271 College Avenue, known as Tax Key Number MSKC 2173998 (the
“Stable Property”).
B. Purpose. It is the intention of the City and the Stable Owner to share use and responsibility for
the ongoing maintenance and repair of an equestrian trail, to be located in the Park. It is further
the intention of the City and the Stable Owner that the Park Equestrian Trail shall be a City
facility, open to the general public.
C. Consideration. The Stable Owner has determined that use of the Park for equestrian trail riding
will enhance its business, and the City has determined that having an equestrian trail in the Park
will be a benefit to the City and its residents. The City and the Stable Owner, upon their mutual
promises, and upon the foregoing mutual benefits, find that there is ample consideration for
this agreement and hereby intend to be bound.
Section One: Use of the Park
A. Park Area. The Stable Owner will only be allowed to conduct equestrian activities in the specific
equestrian trail area shown on Exhibit A, attached hereto and incorporated herein by reference
(the “Equestrian Trail”).
B. Park Use. The Park Equestrian Trail uses shall be conducted in a manner that is consistent with
the multiple shared uses of the Park. The equestrian uses shall have no priority over any other
uses of the Park, and shall yield to pedestrians, vehicles and other users of the Park.
C. Obstructions to Use of the Equestrian Trail. Neither the City nor Stable Owner, nor any person
permitted to use the Equestrian Trail under the terms of this agreement, may utilize the
Equestrian Trail in a way that permanently interferes with its use by any other person permitted
to use it. Any obstructions or impediments to the use of the Equestrian Trail contrary to the
terms of this agreement may be removed, without notice, by the City and the costs of such
removal shall be borne by the party causing or responsible for such obstruction. The Stable
Owner’s uses must not interfere with Park operations. The City reserves the right to close off
areas of the Equestrian Trail as it deems to be necessary for Park operations.
Section Two: Stable Owner Responsibilities
A. Maintenance. The Stable Owner shall keep the Equestrian Trail graded; shall remove horse
droppings in a timely manner; shall remove litter from the Equestrian Trail; and shall spread
woodchips, to ensure that the Equestrian Trail is a safe and sanitary amenity of the Park at all
time. The Stable Owner shall use Stable Owner’s own equipment and personnel for all
maintenance activities.
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B. Education. The Stable Owner shall educate the Stable Owner’s customers on the proper use of
the Equestrian Trail.
C. Inspection. The Stable Owner shall inspect the Equestrian Trail at least once per week and shall
notify the City in the event the inspection reveals any defective conditions, hazardous
conditions, or other concerns.
D. Rules and Signage. The Stable Owner shall assist the City in developing rules and associated
signage for Equestrian Trail users.
E. Limited Private Access. As further consideration for this agreement, the Stable Owner agrees
that it will make its private Equestrian Trail, located on the Stable Property, available to
equestrian uses by the general public, subject to the following limitations. Any such equestrian
rider must first obtain approval from the Stable Owner, before entering the Stable Property.
The Stable Property Owner reserves the right to prohibit such access to riders who fail to follow
the Stable Owner’s policies and rules.
Section Three: City Responsibilities
A. Signage. The City shall purchase, install and maintain signage along the Equestrian Trail, and
also in the parking lot for trailer stalls (if needed).
B. Oversight. The City shall monitor the Equestrian Trail as needed, and shall notify the Stable
Owner of any defective conditions, unsanitary conditions, or other concerns. In the event the
Stable Owner fails to correct the conditions identified by the City within the time required by
the City, the City reserves the right to close the Equestrian Trail, or to terminate this agreement,
or to take such other action as the City deems to be appropriate.
Section Four: Legal Provisions
A. Enforcement of Agreement - The City shall have the right to legally enforce this agreement and
the covenants, conditions and restrictions set forth herein, by whatever action or actions are
legally available, including, without limitations, enjoining any violation or threatened violation
hereof.
B. Amendments - This agreement may not be modified, amended or terminated except by
execution of a written instrument signed by all owners.
C. Severability - If any provision or specific application of this agreement is found to be invalid by a
court of competent jurisdiction, the remaining provisions or specific applications of this
agreement shall remain valid and binding.
D. Default. Should either party fail to carry out this agreement, the other party shall be entitled to
exercise any and all available rights and remedies at law or in equity.
E. Assignment. Neither the Stable Owner nor the City may assign its interest under this agreement
without the other party’s prior written consent, which may be granted or withheld in such
party's sole discretion.
3
F. No Warranties or Representations; and Indemnification. The City makes no representations or
warranties whatsoever about the Equestrian Trail, the safety thereof, its fitness for a particular
purpose or any other aspect of the trail. In addition to, and not to the exclusion or prejudice of,
any provisions of this agreement or documents incorporated herein by reference, the Stable
Owner hereby waives all claims arising out of this agreement, and shall indemnify and save
harmless and agrees to accept tender of defense and to defend and pay any and all legal,
accounting, consulting, engineering and other expenses relating to the defense of any claim
asserted or imposed upon the City, its officers, agents, employees and independent contractors
growing out of this agreement by any party or parties. The Equestrian Trail is a recreational
trail, and all uses of the trail are conducting recreational activities, even in the maintenance
thereof, pursuant to Wisconsin Statutes Section 895.52. Nothing herein constitutes a waiver of
protections afforded to the City by Wisconsin Statutes Chapter 893 or 895 or other applicable
laws.
G. Notices. All notices permitted or required by this agreement shall be given in writing and shall
be considered given upon receipt if hand delivered to the party or person intended, or upon
facsimile transmission to the fax numbers set forth herein, or one business day after deposit
with a nationally recognized overnight commercial courier service, air bill prepaid, or three (3)
business days after deposit in the United States mail, postage prepaid, by certified mail, return
receipt requested, addressed by name and address to the party or person intended as follows:
To the Business: Bob Janke
d/b/a 4J’s Equestrian Center
S63W17271 College Avenue
Muskego, WI 53150
To the City: City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53150-0749
Attn: City Clerk-Treasurer
Fax No.: 262-679-4106
H. Governing Law. This agreement concerns real property located in the State of Wisconsin, and
shall be interpreted and construed according to the laws of the State of Wisconsin.
I. Severability of Provisions. If any of the terms or conditions contained herein shall be declared to
be invalid or unenforceable by a court of competent jurisdiction, then the remaining provisions
and conditions of this agreement, or the application of such to persons or circumstances other
than those to which it is declared invalid or unenforceable, shall not be affected thereby and
shall remain in full force and effect and shall be valid and enforceable to the full extent
permitted by law.
J. Captions. The captions in this agreement are inserted only as matters of convenience and for
reference and in no way define or limit the scope or intent of the various provisions, terms or
conditions hereof.
K. Binding Effect. The terms and conditions of this agreement shall be binding upon and benefit
the parties hereto and their respective successors and permitted assigns.
4
L. Entire Agreement. This writing constitutes the entire agreement between the parties hereto,
and all prior statements, letters of intent, representations and offers, if any, are hereby
terminated. This agreement may be modified or amended only by written instrument signed by
both parties.
M. Counterparts. This agreement may be executed in one or more counterparts, each of which will
be deemed an original.
N. Representations as to Authority. Each party to this agreement represents and warrants that: (a)
it has the power and authority to consummate the transactions contemplated by this
agreement; (b) all proceedings necessary for it to consummate the transactions contemplated
by this agreement have been duly taken in accordance with law; and (c) the persons executing
this agreement on behalf of it have been duly authorized to execute this agreement.
O. Fax Signatures. The parties agree that fax signatures shall be binding on the parties hereto.
Section Five: Insurance
At all times during the term of this agreement, Stable Owner shall provide a copy of their insurance
policy to the City.
Section Six: Term
This agreement shall be effective for an initial term of two (2) years, to expire on the second anniversary
of its effective date. The parties may agree to continue the agreement for additional years, by separate
written agreement.
Section Seven: Termination
This agreement may be terminated by either party with or without cause upon written notice, to be
effective 30 days following the date of the notice, subject to the following. Upon termination of this
agreement, the City shall have the right to prohibit the Stable Owner and patrons of the Stable Owner
from using the Equestrian Trail in relation to the Stable Owner’s business operations.
IN WITNESS WHEREOF, the parties have executed this Park Arthur Equestrian Trail Agreement.
Dated this _____ day of _______________, 2015.
City of Muskego
By: ________________________________
Print Name: Kathy Chiaverotti
Title: Mayor
ATTEST:
By: __________________________________
Print Name: Sharon Mueller
Title: Finance/Admin. Director/Clerk
STATE OF WISCONSIN )
) ss.
COUNTY OF WAUKESHA )
5
Personally came before me on this _________ day of ________________, 2015, the above-named Kathy
Chiaverotti, Mayor; and Sharon Mueller, Finance/Admin. Director/Clerk, executed the foregoing
instrument and acknowledged the same.
_______________________________
NOTARY PUBLIC, STATE OF WI
My Commission Expires: ___________
Dated this _____ day of _______________, 2015.
BOB JANKE d/b/a 4J’S EQUESTRIAN CENTER
By: _________________________________
Print Name: __________________________
Title: ________________________________
STATE OF WISCONSIN )
) ss.
COUNTY OF WAUKESHA )
Personally came before me on this _________ day of ________________, 2015, the above -named Bob
Janke executed the foregoing instrument and acknowledged the same.
_______________________________
NOTARY PUBLIC, STATE OF WI
My Commission Expires: ___________
B:\MyFiles\Muskego\Park Arthur Equestrian Trail\Park Arthur Equestrian Trail Agreement.04-17-15
CITY OF MUSKEGO
Staff Report to Parks & Recreation Board
May 5, 2015 Meeting
To: Common Council
From: Jeff Muenkel, AICP EDFP
Subject: Park Planning Miscellaneous Updates
Date: May 1, 2015
Please find the following items in relation to various parks planning items in the city. Such items don’t require
committee action but can certainly be discussed during the Miscellaneous Business portion of the meeting.
1. New Parks and Conservation Plan: Now that the new Committee is set we are looking at a timeline
to begin the new Parks and Conservation Plan starting in August 2016 with an anticipated completion
date of summer 2016. Such a timeline will allow for the Council to consider any proposals from the
Plan during their 2017 budget discussions during the Fall of 2016.
Staff is excited to get this process going as we have found many new initiatives we intend to inject into
a new Plan now that we have the individual expertise of staff from the separate realms of recreation,
maintenance, conservation, and planning.
CITY OF MUSKEGO
Staff Report to Parks and Conservation Committee
To: Parks and Conservation Committee
From: David Simpson, P.E., Director of Public Works/City Engineer
Subject: Director of Public Works Report
Date: April 27, 2015
I have included general information and project specific updates related to Parks
maintenance for your use. Should any questions arise please don’t hesitate to
contact me directly.
General Maintenance
Mowing, grounds maintenance, and weed eradication bids have been
received for the 2015 season. Fox Services LLC has been awarded the
contracts for Lawn Mowing and Grounds Maintenance. Their bid price
actually placed them as the second lowest bidder behind Shawn Roberts,
however, based on performance and quality of work received from Shawn
Roberts previously we did not award the contract to them this year.
The City’s refuse and recycling hauling contract is expiring at the end of
2015. We will be discussing any potential changes to the City’s contract at
the upcoming Public Works Committee meeting. If you have any potential
requested changes to the existing collection in Parks please let me know.
Facilities
Horn Park Building- Demolition of the oldest portion of this building is
planned for this spring. DPW crews will complete demolition and
contractors will be hired to complete the plumbing, electrical, and new wall
construction. Schedule is not yet determined.
The Committee of the Whole had initial discussion regarding the possibility
of expanding the Department of Public Works garage and decommissioning
the Parks Headquarters building and the Boxhorn Warehouse. The
Common Council has approved moving ahead with a conceptual analysis to
determine if this is a feasible option. It is envisioned that these discussions
will take place during the budget process this year.
2015 Park Improvements
Lions Park- A pickleball court will be added to Lions Park during this
construction season. Stark Asphalt was awarded this contract and we hope
that it will be built in late May or early June. DPW staff will be installing a
permanent net prior to commencement of paving.
Denoon Park- All roadways, parking lots, and the basketball court will be
resurfaced in conjunction with the 2015 road program. Additionally, two
areas of pavement are being added to the narrow roadway that leads to the
boat launch to allow an area for vehicles to pass. DPW will be completing all
Page 1 of 2
turf restoration as part of this project. A detailed schedule is not yet known
for this improvement.
Park Arthur- A paved pathway leading from the north parking lot to the
three northern baseball fields and back to the pavilion will be installed in
conjunction with the 2015 road program. Concrete pads will be added to the
dugouts of the large field as a separately quoted project. It is anticipated that
this work will occur in late May or early June except for the concrete
dugouts which will have to wait until after the baseball season.
Page 2 of 2
Memo
To: Parks and Conservation Committee
From: Tom Zagar
CC: Jeff Muenkel, Dave Simpson, Tammy Dunn
Date: April 28, 2015
RE: Conservation Coordinator Report for May 5 meeting
1. Park Arthur Volunteer Tree Planting Project
On Arbor Day, April 24, eleven students and an instructor from the GPS education
program assisted staff in planting 25 trees at Park Arthur. We are very appreciative for
this group’s help on this and previous conservation projects in the community! We also
appreciate the offer of MAA to help with this project but it was a better fit with our busy
spring schedule to complete this project during regular work week hours. We could still
use help from MAA in the follow up care such as mulching and watering. Thanks are also
due to DPW/Parks staff for their work in receiving the tree delivery and preparing the
planting holes. This civic event helps Muskego retain its Tree City USA designation!
2. Potential Closure of Little Muskego Lake Hillview Drive Boat Launch in 2015.
As noted at the last meeting, the Wisconsin Department of Natural Resources discovered
an invasive plant (technically an alga) called Starry Stonewort growing in an area
immediately east of the Hillview Drive boat launch on Little Muskego Lake. Lake District
personnel and City staff have been working with the DNR and SEWRPC on plans to
contain, control, and with any luck possibly even eradicate the Starry Stonewort. It was
earlier noted that the City would only close this launch to accommodate management and
reduce spread of this plant if so requested by the DNR. In the April 27 management
meeting the DNR representative stated that Department’s general position was not to
restrict public access to public waterways. However DNR would not provide a directive
on this issue – leaving the decision up to local management. My professional advice is to
keep the launch open at this time but close the launch if it becomes apparent that it would
be beneficial to assist management and significantly reduce spread.
3. Starry Stonewort Informational Signage and Buoy Placement
Staff placed invasive species signage at the various launch sites and prepared 5
informational buoys to be placed in the affected bay to request avoidance by boaters.
4. Conservation Management
Prescribed burning was completed at Luther Parker Cemetery as well as the oak
savanna restorations at Badertscher Preserve and Blattner Preserve. Removal of
invasive shrubs was conducted at the oak savanna sites prior to burning.
Community Development Department
CITY OF MUSKEGO
Staff Report to Parks & Conservation Committee
May 5, 2015 Meeting
To: Parks & Conservation Committee
From: Tammy Dunn, Recreation Manager
Subject: Recreation Program Miscellaneous Updates
Date: April 27, 2015
Please find the following items in relation to various recreation programs/activities in the city. Such
items don’t require committee action but can certainly be discussed during the Miscellaneous Business
portion of the meeting.
1. Summer Program Guide is out and registration started on Monday, April 20. We had one of
the highest, if not, the highest first day of a session registration, taking in just over $61,000 in
the first 24 hours of registration.
2. Attendants will start working at Idle Isle on May 2. We will have limited staffing, weekends
only, until May 11. We will then have staff on Monday, Tuesday, Wednesday evenings (for
Water Bug practices/show), Fridays 3:30-8:30PM and Saturdays/Sundays 7AM-7PM.
3. Park Ranger will begin working in early May. Most job responsibilities will stay the same as in
the past, but will now include more of a presence at Water Bug shows on Wednesdays and with
weekend rentals.