CCR1996204*
COMMON COUNCIL - I Y OF MUSKEGO
RESOLUTION #204-96
AUTHORIZATION TO EXECUTE AGREEMENT FOR
CONSTRUCTION OF A ROUGH FISH BARRIER AT
THE BIG MUSKEG0 LAKE DAM
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Public Works Committee, does
hereby approve the attached Agreement, as amended, between the
City and State of Wisconsin Department of Natural Resources for
Construction of a Rough Fish Barrier at the Big Muskego Lake Dam.
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are
authorized to execute the Agreement, as amended, on behalf of the
City subject to review and approval of the City Attorney.
DATED THIS 24TH DAY OF SEPTEMBER , 1996.
SPONSORED BY:
PUBLIC WORKS COMMITTEE
Ald. Domonic D'Acquisto
Ald. Mark Suhr
Ald. Don Pionek
Deferred 9/10/96
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #204-96 which was adopted by the Common Council of the
9/96 jmb
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #204-96
AUTHORIZATION TO EXECUTE AGREEMENT FOR
CONSTRUCTION OF A ROUGH FISH BARRIER AT
THE BIG MUSKEGO LAKE DAM
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Public Works Committee, .does
hereby approve the attached Agreement between the City and State
of Wisconsin Department of Natural Resources for Construction of
a Rough Fish Barrier at the Big Muskego Lake Dam.
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are
authorized to execute the Agreement on behalf of the City
subject to review and approval of the City Attorney.
DATED THIS DAY OF , 1996
SPONSORED BY:
PUBLIC WORKS COMMITTEE
Ald.' Domonic D'Acquisto
Ald'. Mark Suhr
Al,d. Don. Pionek
DEFERRED AT MEETING OF 9/10/96 I
This is to certify that th4s is a true and accurate copy of
Resolution #204-96 which was adopted by the Common Council of the
City of Muskego.
Clerk-Treasurer
9/96 jmb
State of Wisconsin \ DEPARTMENT OF NATURAL RESOURCES
#.J
Eagle Fisheries Management Area
! ,. 1 Eagle, Wisconein 53119.9708
591 W39091 HWY 59
, I, *-, _I x ,, TELEPHONE 414-594-6205
or 414-594-6206
TELEFAX #: 414-594-6222
,-
Mr. David De Angelis
Mayor
Box 903
City of Muskego
Muskego, WI 53150
Dear Mayor De Angelis
Enclosed with this letter is the final draft of the agreement that allows us to
install and maintain a mechanical and electrical rough fish barrier on the City
of Muskego Dam at the outlet of Big Muskego Lake. Please execute your portion
of the agreement as soon as possible so that we can get the barrier installed
before water levels are restored and carp again have the ability to freely enter
the lake
We are still negotiating for an easement that will allow us access across private
lands for the purpose of constructing the barrier. I will keep you informed of
our progress
Thank you for your helpful assistance in this entire project. It has been a
pleasure working with you and the aldermen on the Public Works Committee
Sincerely,
Edward R. Schumacher
Area Fisheries Supervisor
f
"
AGREEMENT FOR CONSTRUCTiON OF A
ROUGH FISH aARRlER
AT THE BIG MUSKEG0 LAKE DAM
WAUKESHA COUNTY
WHEREAS, the City of Muskego (City) and the Wisconsin Deparrment of Natural
Resources (WDNR) are coopwating in a comprehensive program to restore good
fishing and water quality to the waters of Big Muskego Lake and Bass Bay,
Waukesha County, Wisconsin; and
WHEREAS, to obtain maximum longevity of the fisneries restoration portion of this
project, it is prudent to inhibit the reinfestation cf @ig Muskego Lake and Bass Bay
by carp and other rough fish; and
WHEREAS, the City of Muskego is the owner of The dam at the ol;:let of Eig
Muskego Lake, which controlr; the water level in upsrream Big Muskego Lake and
Bass Bay: and
WHEREAS, carp and other fish trying to enter tiis Muskego Lake and Boss Bay
from downstream Wind Lake via the Muskego Canai will need to pass over the
dam owned by Muskego; and
WHEREAS, carp have been abserved passing over This dam and this ability to pass
over the dam may occur over several months durina years of normal rainfall.
NOW, THEREFORE, to continue the spirit of cooperation and enhance The longevity
of the restoration project, the City of Muskego grants to the Department of Natural
Resources the permission to cmstruct, operate, maintain remove and repiace a
mechanloal and electrical fish barrier, in accordance with the plans described as
Exhibit A, subject To the following conditions;
a
1. WONR shall be responsible far :he construction, operation
maintenance removal arid replacement of the electrical fish barrier.
2. WDNR shall keep thtj City informed of eiecrricai barrier operation
schedules, including times wher. the barrier is in operation or turned off.
This exchange of inforrration shall include tha keeping of a Barrler Operation
Log that shall be availaide to authorized City aqd WDNR personnel. This log
$hell record times when the kGr:!er has been in operation and strength and
intensity cf current at tines when the barrier is monitored by the City or
WDNR personnel.
3. To the extent authorized by law, WDNR shall be responsible for damage
to the City's dam caused by the barrier: including restoring any damaged
part(s) of the darn to functional status betrer than or equivalent to that
existing at the time of signing of this agreement.
A. Authorized City ant WDNR personnel shall have joint abiliry to operate
the controls of the barr,ier.
5. WONR shall erect a:ld maintain a fence around :he wing wails of the
dam intiibiting entrance into the immediate area of the electrical barrier. This
area shall be adequatelv posted with warnlng signs erected end maintained
by WDNR.
6. As requested by thcl City, WONR shall train City personnel in the
operation of the electrir:al barrier. Such training shall be in the form of
rneetlng the City personnel at the electrical barrier and showing ?hem how to
turn the current on or cff. Any modification or adjustment of the electrlcal
barriers' electrlcal current configuration shall be the responsibility of WDNR.
7. With 60 days advance notice to the other party, thi City or the WDNR
shall have the authority to terminate this agreement and require the WDNA
remove the electrical pclrtion of the barrier. WDNR shall be liable for any
damage to the dam strwture occurring through or as a. result cf removal
of the electrical barrier.
8. The WDNR shall indlzmnify and save harmlese the City, its officers,
agents and employees and shall defend the same from ana against any and
all claims, losses, damalp. suits, judgments, costs, expenses, attorney's
fees, etc., to whomever owed and by whomever end whenever They are
sought, ordered or maintained, which may in any manner result from or
arise in the course of, or out of, or as a result of the negligent or intentional
acts or omissions of WDNR's employees, officers or managers in WDNR's
construction, operation, maintenance, removal or replacement of the
mechanical end electricid fish barrier.
9. This agreement shall not be construed as creating a public debt on the
pert of WDNR In contravention of Article VIIi, Wisconsin Constitution. Ail
obligations of WDNR art3 subject to the availability of existing funds and
future appropriations,
10. Nothing in the agrement shall be construed as a waiver for any purpose
whatsoever by the WDNR of the provisions of 6s. 893.80, 893.82 and
896.46, Stets., or any clther applicable limitation on the state, state
employees or state official liability.
1 1, Nothing contalned in this agreement shall limir or interfere with, or be
construed to limit or inwrfere with, any of the City's righrs or powers,
including the City's authority in enforcement of Its municipal Ordinances
including Its zonlng ordinances, unless specifically and explicitly granted in
this agreement contrary to the City's rights and powers. No provision of this
agreement is intended, or shall be construed 10 be a walver for any purpose
by the Clry of the provisions of b. 893.80, Stats,, or any other applicable
limitation on municipal .iability.
FURTHEilMORE, if and when necessary, the City agrees to act as e co-applicant
for any permits needed by or from WDNR, or any other lawful authority, for any
structurai modification of the dam necessary to install the barriers; should such co-
appllcation be a legal necessity to obtain required permits.
This agreement shall commence this day of
operatsd and maintained by WDNR on the darn; WDNR's commitment to repair any
srructural damage caused in whole or in part by the mechanical barrler shall remain
as long as the mechanical bariier is in piace.
, 1996 anc shell be in effact as long as an elactrlcel barrier is
a CITY OF MUSKEG0
By: -
David L. De Angelis, Mayor
By:
Jean K. Marsnda, Clerk
STATE OF WISCONSIN 1
I
COUNTY OF WAUKESHA 1
Personally came before me this day of , 1996,
representing the governing bo.jy of the City of Muskego to me known to be the
persons who executed the forsgoing instrument and acknowledged that they
exacuted the foregoing instrument as the governing body of the Clty of Muskego,
by Its authorlty.
Notary Public, Srate of Wisconsin
My Commission
1496.03-20 14;65 a239 P.05/05
STATE OF WISCONSIN
DEPARTMENT OF NATURAL RESOURCES
By:
George E. Meyer, Secrexary-
i., ,:. '/., ,
STATE OF WISCONSIN
)
COUNTY OF )
Personally came before me this day of , 1996,
George E. Meyer, Secretary 0,: the Department of Natural Resources to me known
to be the person who executed the foregoing instrument and to me known to be e
rhe Secretary of the Departmant of Natural Resources and acknowledged that he
executed the foregolng instrument as such officer of the Department of Natural
Resources, by its authority.
Richard Henneger
Notary Public, State of Wisconsin
My commission is permanem,
0
0
AGREEMENT FOR CONSTRUCTION OF A
GH FISH BARRIER
G MUSKEG0 LAKE DAM spp'
AUKESHA COUNTY
WHEREAS The City of Musk
Resources (WDNR) are coop
fishing and water quality to
Waukesha County, Wisconsin; and
WHEREAS of the fisheries restoration portion of this
project, it is prudent to inhi
by carp and other rough fish; and
WHEREAS The City of Mu
Muskego Lake, which cont
Bass Bay; and
WHEREAS Carp and other
from downstream Wind La
dam owned by Muskego; and
WHEREAS Carp have bee
pass over the dam may o
NOW THEREFORE To co
of the restoration project,
Natural Resources the pe
and electrical fish barrier,
following conditions:
1. WDNR shall b
electrical fish barrier.
2. WDNR shall, t
electrical barrier operation schedules, including times
when the barrier has been in operation and strength and intensity of
current at times when the barrier is monitored by either City or WDNR
personnel.
2.
3. To the extent authorized by law, WDNR shall be responsible for damage
to the City‘s dam caused by the mechanical or electrical portion of the
barrier; including restoring any damaged part or parts of the dam to
functional status better than or equivalent to that existing at the time
of signing of this agreement.
4. Authorized City and WDNR personnel shall have joint access to the
controls of the barrier. City personnel only for the purpose of turning
the barrier momentarily off while raising or lowering the bypass gate,
or in the case of any other obvious emergency in which it would be
prudent to shut the barrier off
a
5. WDNR shall erect and maintain a fence, located on City owned property,
around both wing walls of the dam inhibiting entrance into the
immediate area of the electrical barrier. This area shall be adequately
posted with warning signs erected and maintained by WDNR.
6. As requested by the City, WDNR shall train City personnel in the
operation of the electrical barrier. Such training shall be in the form of
meeting the City personnel at the electrical barrier and showing them
how to turn the current on or off. City personnel shall only turn the
barrier on or off as outlined in item 4 above. Any modification or
adjustment of the electrical barriers’ electrical current configuration
shall be the responsibility of WDNR.
7. With 60 days advance notice to the City, WDNR shall have the authority
to remove both the electrical and mechanical barrier at any time it
deems one or both are no longer needed or necessary. WDNR shall be
liable for any damage to the dam structure occurring through or as a
result of removal of the mechanical or electrical barriers.
8. WDNR shall be liable for all claims for damages through personal injury or
damage to property caused by the negligent acts or omissions of the
WDNR’s employees, officers and managers to the extent authorized
by SS. 893.80, 893.82 and 895.46, Stats. Furthermore, this
agreement shall not be construed as creating a public debt on the part
of WDNR in contravention of Article VIII, Wisconsin Constitution. All
obligations of WDNR subject to the availability of existing funds and
future appropriations.
FURTHERMORE, If and when necessary, the City agrees to act as a co-applicant
for any permits needed by or from WDNR, or any other lawful authority, for any
structural modification of the dam necessary to install the barriers; should such co-
application be a legal necessity to obtain required permits.
0 3.
This agreement shall commence this day of
, 1996 and shall be in effect as long as an electrical barrier is
operated and maintained by WDNR on the dam; WDNR's commitment to repair any
structural damage caused in whole or in part by the mechanical barrier shall remain
as long as the mechanical barrier is in place.
CITY OF MUSKEG0
By :
David L. De Angelis, Mayor
STATE OF WISCONSIN 1
1
COUNTY OF WAUKESHA 1
By:
Jean K. Marenda, Clerk
Personally came before me this day of , 1996,
0 representing the governing body of the City of Muskego to me known to be the
persons who executed the foregoing instrument and acknowledged that they
executed the foregoing instrument as the governing body of the City of Muskego,
by it's authority.
Notary Public, State of Wisconsin
My Commission
Department:
STATE OF WISCONSIN
DEPARTMENT OF NATURAL RESOURCES
By :
George E. Meyer, Secretary
e STATE OF WISCONSIN 1
4.
1
COUNTY OF 1
Personally came before me this day of , 1996,
George E. Meyer, Secretary of the Department of Natural Resources to me known
to be the persons who executed the foregoing instrument and to me known to be
the Secretary of the Department of Natural Resources and acknowledged that he
executed the foregoing instrument as such officer of the Department of Natural
Resources, by it’s authority.
Richard Henniger
Notary Public, State of Wisconsin
My commission is permanent.
, 1 BIG
1
MUSKEG0
MARKER CABLE WITH BOWS 4 LAKE n
MARKER CABLE WITH BOUYS
- MUSKEGO DAM ROAD // //
PLOT PLAN & MARKER DETAILS
m
BARRIER SHUT-OFF
CONSISTS OF ONE
30 AMP DISCONNECT
SWITCH, 2-WIRE,
NON-FUSIBLE, IN
LOCKABLE NEMA-3R
ENCLOSURE. SWITCH
TO BE LOCKABLE IN
BOTH "ON" AND "OFF"
POSITIONS.
ALL EXPOSED CONDUIT
TO BE HEAVY RIGID
METAL CONDUIT,
e SECTION 4 msu
8 w-
4 SECTION 2
U