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CCR2004086- AMENDED COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #086-2004 APPROVAL OF PRACTICE/SHOW DATES ON LITTLE MUSKEGO LAKE Water Bugs Ski Team WHEREAS, Representatives of the Water Bugs Ski Team, Inc., have requested permission of the Parks & Recreation Board and the Finance Committee to use the dock facilities at Idle Isle Beach as a take-off pier during specified dates and times; and WHEREAS, The Finance Committee and the Parks & Recreation Board have recommended approval of the use of the dock at Idle Isle Beach as a take-off pier for practices and shows (May through September 1) on the dates and times outlined in the attached Agreement; and WHEREAS, It is necessary that a certificate of insurance naming the City of Muskego as co- insured be submitted. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee and the Parks & Recreation Board, does hereby approve of the water ski practice and show use of the dock at Idle Isle Beach during the specified hours, subject to a certificate of insurance naming the City of Muskego - as co-insured. BE IT FURTHER RESOLVED That said team shall, as required by law and/or ordinance, establish and mark pickup and drop-off areas with regulatory markers, obey other applicable laws and ordinances and remove said markers immediately after each session and not replace them until just prior to the next session as stated in the Agreement. DATED THIS 27th DAY OF APRIL ,2004. SPONSORED BY: FINANCE COMMITTEE Ald. Nancy C. Salentine Ald. Eric Schroeder This is to certify that this is a true and accurate copy of Resolution #086-2004 which was adopted by the Common Council of the City of Muskego. /~ - 4104jmb - COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #086-2004 APPROVAL OF PRACTICE/SHOW DATES ON LITTLE MUSKEGO LAKE Water Bugs Ski Team WHEREAS, Representatives of the Water Bugs Ski Team, Inc., have requested permission of the Parks & Recreàtion Board and the Finance Committee to use the dock facilities at Idle Isle Beach as a take-off'pier during specified dates and times; and WHEREAS, The Finance COl1lmittee and the Parks & Recreation Board have recommended approval of the use of the doèk Idle Isle Beach as a take-off pier for practices and shows between the hours of 6:30 PM ~t1d (May through September 1) on the dates outlined in the attached Agreement; and " of insurance naming the City of Muskego as co- WHEREAS, It is necessary that a certi insured be submitted. NOW, THEREFORE, BE IT RESOLVED Th~ ommon Council of the City of Muskego, upon the recommendation of the Finance COr-A,m e and the Parks & Recreation Board, does hereby approve of the water ski practice àn. w use of the dock at Idle Isle Beach during the specified hours, subject to a certificate'q' ranee naming the City of Muskego - as co-insured. ~.. "- ~ BE IT FURTHER RESOLVED That said team shall, as re~ by law and/or ordinance, establish and mark pickup and drop-off areas with regulato ,,~~e, ,arkers, obey other applicable laws and ordinances and remove said markers immediately'~~ch session and not replace them until just prior to the next session as stated in th~~reement. ,.,. DATED THIS DAY OF ,2004. SPONSORED BY: FINANCE COMMITTEE Ald. Nancy C. Salentine Ald. Eric Schroeder This is to certify that this is a true and accurate copy of Resolution #086-2004 which was adopted by the Common Council of the City of Muskego. Clerk-Treasurer - 4/04jmb .-. 2004 AGREEMENT BETWEEN THE MUSKEGO PARKS & RECREATION DEPARTMENT AND WATER BUGS SKI TEAM, INC. 1. DATES TO BE USED IN 2004: Ski Team Practice Dates (Mondays and Tuesdays and Thursdays) May 18,24,25; June 1,7,8,14, 15,21,22,24 (Thursday), 29; July 1, 5, 6, 8 (Thursday), 12, 13, 19,20,22 (Thursday), 26, 27, 29 (Thursday); August 2, 3, 10, 17,24,31 (Note to P&R Board/Council: 34 dates in '00, 35 dates in '01, 30 dates in '02, 35 dates in '03, 30 dates in '04) Ski T earn Show Dates (Wednesdays) .-. June 2, 9, 16,23,30 July 3*, 7, 14,21,28 August 4,11,18,25 September 1 (Note to P&R Board/Council: 14 dates in '02,14 dates in '03,15 dates in '04)) * Saturday night (fireworks display) 2. TIMES FOR SHOWS/PRACTICES (The terms show and practice will be interchangeable throughout this agreement.): Show/practice times, 6:30 PM to 8:30 PM (May 17 through July 29). Show/practice times, 6:00 PM to 8:00 PM (August 2 through September 1). 3. SET-UP TIMES FOR SHOW/PRACTICES (which includes moving the ski jump and take-over of pier): Show/practice time set up from 6:00 PM to 6:30 PM (May I7-July 29) and 5:30 PM to 6:00 PM (August 2-September 1), (move the equipment trailer into the area). 4. TAKE-DOWN TIMES AFTER SHOWS/PRACTICES: Practice/show times take down by 9:00 PM (May 17 through September 1). - 5. SOUND SYSTEM WILL BE USED ONLY FOR SHOW DATES AS FOLLOWS: June 2,9, 16,23,30; July 3, 7, 14,21,28; August 4, 11, 18,25; September 1 ~ Sound system volume should only be loud enough for show spectators and participants to enjoy. 6. ELECTRICAL ARRANGEMENTS can be worked out by obtaining a key from the Parks and Recreation Department for the exterior outlet lock box. (A $25 refundable key deposit is required.) 7. REMOVAL OF SKI JUMP AND RETURN OF BUOYS TO RECTANGULAR POSITION: a. Permits for ski jump and buoys must be secured from DNR (Dept. of Natural Resources) and City and presented to the Board by their May meeting. b. Buoys and ski jump must conform to all State regulations concerning piers and ski Jumps. c. Ski jump must be put up and removed within the Common Council's designated set-up and take-down times. See Sections 3 and 4; if the weather prevents takedown of ski jump, refer to Section 7 f. ~ d. Buoys in swimming area must be returned to original rectangular position within Board's designated take-down time. This also applies to when ski lessons are being given by the ski team for the Parks and Recreation Department on May 29, June 12,19 & July 31, August 14,21 (8:00 a.m. -11:30 p.m.). If slalom league class is to continue, a buoy placement map is required before agreement approval. e. If threat or existing weather conditions would make it difficult to return the ski jump to off-use position designated by the Common Council (DeAngelis Island area), then the show/practice must be cancelled. f. The ski jump is to be anchored where designated by the Common Council during times not delegated by the Board for use during scheduled show/practice times (or as designated by City of Muskego); and the ski jump is to be anchored, by 10:00 AM the following day, where designated by the Common Council if a storm comes up during the show/practice making it impossible to move at that time. g. Swimming buoys will be the last things removed before show/practice time; no more than 10 minutes prior to show/practice time; and returned to their original location within the first 10 minutes after the completion of the show/practice time. h. In the event of hot weather (85 degrees+) when the beach is extensively being used by the public, the Park Manager will reserve the right to disallow the removal of the swimming buoys on scheduled practice/show dates. ~ i. Water Bugs Ski Team, Inc. will provide two attendants to assist the Park Manager in controlling the vehicle traffic flow and parking lots before, during and after all ".... water ski shows. Times are approximately 6:00 p.m.-9:00 p.m. The attendant assigned by the ski club will remain consistent throughout the season and is subject to the approval ofthe Park Manager. If an attendant is not provided, the City reserves the right to assess the ski team a user fee to cover the expense of hiring an attendant ($9.25 per hour). 8. A $200.00 refundable security deposit must be paid at the Parks and Recreation Department office, W182 S8200 Racine Avenue, Muskego WI 53150 by May 7,2004. The security deposit will be returned at the end ofthe season, if there were no problems. If the whole deposit will not be returned, a written account will be submitted by the Parks and Recreation Board to Water Bugs Ski Team, Inc. president listing reasons. 9. SIGNS (Water Bugs Ski Team, Inc. would make the following signs, with prior approval of Parks & Recreation Director): a. Lifeguard Chair Sign and Park Entrance Signs: Indicate swimming area will be decreased ten minutes prior to and throughout the practice times and closed during show times, as posted on the back of the chair tower. The swimming area will be open to public ten minutes after show or practice time unless in the case of a cancelled show or practice. - b. Pier Sign and Park Entrance Signs: Indicate pier will be closed to public one-half hour prior to and throughout the practice/show times posted at the pier. Pier will be open to public one-half hour aftershow or practice time unless in the case of a cancelled show or practice. c. No public swimming, iumping, or diving off pier and no public boat docking: Indicate that swimming, jumping, or diving is prohibited at all times on or near the pier. Also, no boat docking to pier. 10. PARKING: a. The Board will issue five (5) parking passes, free of charge, to Water Bugs Ski Team, Inc.'s designated person. This person can issue these five (5) passes to members of the team. b. If the parking lot is full, special parking for five (5) vehicles and/or equipment will be allowed along the 130' service drive leading to the building marked "Authorized Vehicles Only." c. The Water Bugs Ski Team, Inc.'s equipment trailer will be parked along the service drive fronting the beach marked "Authorized Vehicles Only." - d. No Water Bugs Ski Team, Inc.'s equipment will be left on the premises, with the - exception of the pier, or other items as approved by the Parks & Recreation Director. 11. CONTACT PERSONIWATERBUGS SKI TEAM, INC.: Contact person from Water Bugs Ski Team, Inc. will be Shelly May Wohler, President. An alternate contact person responsible from the Team will be Marty Campbell. The Team will designate their contact person who will be the Team's representative and who will receive any correspondence (or summons if this becomes necessary). These names will be submitted to the Parks and Recreation Board by the May meeting of the Board. 12. CONTACT PERSON/PARKS AND RECREATION BOARD: The Parks and Recreation Board's contact person will be the Park Manager. The alternate contact person will be Craig Anderson, Parks and Recreation Director. If circumstances would arise not covered by these rules, the Water Bugs Ski Team, Inc. must contact above person(s) for a decision. 13. INCLEMENT WEATHER: If weather conditions result in a cancellation of a scheduled show/practice date, a make up date will be considered. The make up date must be confirmed in writing by Craig Anderson and must be rescheduled within two weeks of the cancelled date. - If cancellation is determined other than at the park (earlier in the day for example), Craig Anderson will be contacted so he may inform the Park Manager. 14. PIER OWNERSHIP: The Water Bugs Ski Team, Inc. owns the pier. They have the responsibility of repair, maintenance, and liability, and placement according to the Parks and Recreation Board's direction (refer to pier agreement). Craig Anderson is to be contacted prior to the placement ofthe pier on Idle Isle. The City of Muskego and Parks and Recreation Department and Board must be listed as additional insureds on the insurance policy of the Waterbugs Ski Team, Inc. (form provided by City of Muskego). 15. WATER BUGS SKI TEAM, INC. MEMBERSHIP: A membership list of the Water Bugs Ski Team, Inc. must be submitted to the Parks and Recreation Board by Water Bugs Ski Team, Inc.'s designated person, with the membership updated monthly by Water Bugs Ski Team, Inc.'s contact person to Craig Anderson. 16. CONSEQUENCES FOR NOT COMPLYING WITH THESE RULES WILL BE AS FOLLOWS: -- a. A substantiated complaint by a citizen(s), an alderman, Park Manager, water patrolman, lifeguard, police department, Parks and Recreation Board member, Parks & Recreation Director. - b. The Parks & Recreation Director will contact the Water Bugs Ski Team, Inc.'s contact person concerning consequences by phone with a follow-up in writing whenever a complaint is substantiated. The date of the phone call will serve as the notification of denial of park use. (1) First Offense: Permission to use Idle Isle Park will be denied for the next two scheduled dates (practice and/or show dates). (2) Second Offense: Permission to use Idle Isle Park will be denied for the next four scheduled dates (practice and/or show dates). (3) Third Offense: Denial of remainder of year's schedule, and possible affect on next year's request. - c. Two (2) unannounced compliance checks per month (May 18 - September 1) will be performed by the Muskego Police Department. The checklist (provided by the Parks & Recreation Department) will include the following items: 1. V olume of sound system (if checked on Wednesday show nights) 2. Yellow flashing light on top of ski jump is operating properly. 3. Check all signage included in section 9a and b (of agreement) that it is posted at proper time. 4. Swim area open and if closed, checking with Park Manager to see if permission was granted. 5. One hundred foot clearance check of boats and skiers from islands (municipal issue). The compliance checklist report should be given to the Parks & Recreation Director to report to the Parks & Recreation Board any violations that can be enforced under section 16b, 1, 2, and 3 of the agreement. Also, the Muskego Police Department will provide to the Parks & Recreation Director an end of the month report of contacts the Police had and complaints against or filed by the Water Bugs Ski Team, Inc.'s to present to the Parks & Recreation Board monthly for their reVIew. 17. SKI PATTERNS: (See exhibit.) In regard to the ski pattern, a 100-fo01 clearance between skiers and the island to the south of the fishing pier must be maintained. The Parks and Recreation Board will review use of the park in regard to the rules established for the Water Bugs Ski Team, Inc. at the June meeting. A checklist will be developed for the Park Manager by Craig Anderson. "- .-.. ,.... - I have reviewed these rules and fully understand the implications of them to the Water Bugs Ski Team, Inc. Signature of Contact Person Date Signature of Alternate Contact Person Date (Copies will be provided by the Parks and Recreation Board.) Toby Whipple, Board President Date IN I R.f'S G -11- 0 PIP .l.OC' '-/ - WATER BUGS SKI TEAM COMPLIANCE CHECKLIST As a result of the Finance Committee's action on 4/21/04, two (2) unannounced compliance checks per month (May 18 - September 1) will be performed by the Muskego Police Department. The compliance checklist report should be given to the Parks & Recreation Director to report to the Parks & Recreation Board any violations that can be enforced under section 16b, 1, 2, and 3 of the agreement. Also, the Muskego Police Department will provide to the Parks & Recreation Director an end of the month report of contacts the Police had and complaints against or filed by the Water Bugs Ski Team, Inc.'s to present to the Parks & Recreation Board monthly for their review. - The checklist (provided by the Parks & Recreation Department) includes the following items: . 1. V olume of sound system (if checked on Wednesday show nights, is system in violation of City's noise ordinance?) 2. Yellow flashing light on top of ski jump is operating properly. 3. Check all signage included in section 9a and b (of agreement) that it is posted at proper time. 4. Swim area open and if closed, checking with Park Manager to see if permission was granted. 5. One hundred foot clearance, check distance of boats and skiers from islands (municipal issue). 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