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CCR2002045* 8 COMMON COUNCIL -CITY OF MUSKEG0 RESOLUTION #45-2002 APPROVAL OF OPEN SPACE MANAGEMENT PLAN AGREEMENT Pleasant View Condominiums WHEREAS, The City of Muskego approved a Condominium Plat for Pleasant View Condominiums on January 22,2002; and WHEREAS, An Open Space Management Plan Agreement has been received for development of the Pleasant View Condominiums and the Finance Committee has reviewed it and has recommended approval. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the attached Open Space Management Plan Agreement, subject to approval of the City Attorney and City Engineer BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby authorized to sign the necessary document in the name of the City. DATED THIS 26th DAY OF Februaw ,2002. SPONSORED BY: FINANCE COMMITTEE Ald. Mark A. Slocomb Ald. David J. Sanders Ald. Nancy C. Salentine This is to certify that this is a true and accurate copy of Resolution #54-2002 which was adopted by the Common Council of the City of Muskego. 1/02 jmb I I PLEASANT VIEW CONDOMINIUMS OPENSPACEMANAGEMENTPLANAGREEMENT This Agreement, made and entered into this day of , 2002 by E.M. CORP (hereinafter referred to as "Subdivider"), the Pleasant View Condominium Owners Association, Inc. (hereinafter referred to as "Association") and the City of Muskego, a Municipal Corporation located in the County of Waukesha and the State of Wisconsin, (hereinafter referred to as "City"). 0 WITNESSETH: WHEREAS, the Subdivider is the owner of certain lands commonly known as the Condominium as Parcels 1 and 2 and Outlot 1 of CSM 9058 and Parcels 3-5 inclusive of CSM 9059, being a Condominium development of the SE % of SE % of Section 17, T5N R20E, City of Muskego. 1 I Plat of Pleasant View (hereinafter referred to as "Pleasant View Condominiums") and described I Waukesha County, Wisconsin, and WHEREAS, The City of Muskego Conservation Plan (dated August 1, 2001 and on file at the City of Muskego Planning Department) identifies certain environmentally significant lands within the City; and WHEREAS, The City of Muskego Conservation Plan encourages the presewation of environmentally significant lands which lie within areas to be developed; and WHEREAS, The City of Muskego Common Council has approved the Condominium Plat of I 0 Pleasant View; and WHEREAS, The approved Condominium Plat of Pleasant View deDicts oDen sDaces of environmentally sigkant wetlands; and WHEREAS, Chapter 18 of the City of Muskego Municipal Code requires the creation and implementation of open space management plans for developments containing certain environmentally significant lands; and WHEREAS, The Subdivider has established an incorporated homeowners association known as Pleasant View Condominium Owners Association, Inc. (hereinafter referred to as the "Association"), which, upon recording of the Final Plat and Deed Restrictions, shall become responsible for preservation and maintenance of the wetlands which lie within Pleasant View Condominiums, and WHEREAS, The City reserves the right to enforce the requirement that the wetlands are maintained in a manner consistent with this agreement and the Pleasant View Condominiums Open Space Management Plan on file in the offices of the City of Muskego Planning Department as required by the Chapter 18 of the City of Muskego Municipal Code; I I Pleasant View Condominwms Open Space Management Plan Agreement Page 2 NOW THEREFORE, in consideration of the mutual covenants and agreements, IT IS AGREED, as follows: 1 The Subdivider warrants and represents that it is the sole owner of the lands subject to this Agreement free and clear of all encumbrances, except recorded easements and restrictions and municipal and zoning ordinances and real estate taxes in the year of closing. 2. The Association, unless otherwise provided for in the Pleasant View Condominiums Open Space Management Plan approved , 2002 shall be responsible for maintenance of the wetlands within the Subdivision. 3. The Subdivider shall deposit in a segregated account with the City two thousand dollars ($2,000) in the name of the Association to cover costs associated with the first five (5) years of the management schedule of the Pleasant View Condominiums Open Space Management Plan. Upon commencement of the sixth (6) year, and continuing in each year thereafter, the required balance shall be one thousand dollars ($1,000) and from time to time the City shall invoice the Association in an amount sufficient to return the account balance to one thousand dollars ($1,000). 4. The City of Muskego is authorized to access the Property to conduct inspections of vegetative cover within wetlands as necessary to ascertain that the vegetation is being maintained in accordance with the approved Pleasant View Condominiums Open Space Management Plan, which include but are not limited to invasive species control. The City shall provide the 0 Subdivider or Association an inspection report detailing any noncompliant items. 5. The Subdivider or Association shall maintain the wetlands in accordance with the approved Pleasant View Condominiums Open Space Management Plan on file in the offices of the City of Muskego Planning Department as required by Chapter 18 of the City of Muskego Municipal Code. 6. The Association may be required, upon notification by the City of Muskego, to take corrective actions within a reasonable timeframe to address vegetation maintenance problems within the wetlands. The City of Muskego is authorized to perform the corrective actions identified in the inspection report if the Association does not make the required corrections in the specified time period. The costs and expenses associated with corrective actions shall be drawn against the segregated account. 7 Any annual costs and expenses in excess of the account balance shall be billed to the Association. If unpaid, such charges shall be entered on the tax roll as a special charge or special assessment against all residential lots in Pleasant View Condominiums and collected with any other taxes levied thereon for the year in which the work is completed. 8. This document shall be recorded with the Waukesha County Register of Deeds and shall be a covenant running with the land and binding upon all owners of said land. Pleasant View Condominiums Open Space Management Plan Agreement Page 3 IN WITNESS HEREOF, Subdivider has caused this Agreement to be signed by its appropriate officers and their seals to be hereunto affixed in duplicate original counterparts on the date and year first written above. E.M. CORP. By: Earl D. Meinen STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this - day of , 2002 Earl D. Meinen of E.M. CORP., to me known to be the person who executed the foregoing instrument and acknowledged the same. Notary Public-State of Wisconsin My Commission Expires PLEASANT VIEW CONDOMINIUM OWNERS ASSOCIATION, INC. STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this day of , 2002 the above named to me known to be the person who executed the foregoing instrument and acknowledged the same as representatives of the Pleasant View Condominium Owners Association, Inc. Notary Public, Waukesha County, Wisconsin My commission expires STATE OF WISCONSIN} SS WAUKESHA COUNTY} Pleasant View Condominiums Open Space Management Plan Agreement Page 4 CITY OF MUSKEG0 By: David L. DeAngelis, Mayor By: Jean K. Marenda. City Clerk-Treasurer STATE OF WISC0NSIN)SS WAUKESHA COUNTY } Personally came before me this day of , 2002 the above named David L. DeAngelis, Mayor and Jean K. Marenda. City Clerk-Treasurer, of the above-named municipal corporation City of Muskego, to me known to be the persons executed the foregoing instrument, and to me known to be such Mayor and City Clerk-Treasurer of said municipal corporation, and acknowledged that they executed the foregoing instrument as such officers as the deed of said municipal corporation by its authority and pursuant to the authorization by the Common Council from their meeting on the day of , 2002. Notary Public, Waukesha County, Wisconsin 0 My commission expires Pleasant View Condominiums Open Space Management Plan Agreement Page 5 CERTIFICATION This is to certify that the foregoing is a true and correct copy of the Open Space Management Plan Agreement for Pleasant View Condominiums, Muskego, Wisconsin, as entered into on this day of , 2002 by and between E.M. CORP., the Pleasant View Condominium Owners Association, Inc. and the City of Muskego, pursuant to the authorization by the Common Council from their meeting on the day of 2002. BY THE COMMON COUNCIL Jean K. Marenda City Clerk-Treasurer SUBSCRIBED AND SWORN TO BEFORE ME this day of ,2002. Notary Public, Waukesha County, Wisconsin My commission expires This document drafted by Tom Zagar, Conservation Coordinator City of Muskego PO Box 749 Muskego, WI 53150 a PLEASANT VIEW CONDOMINIUMS OPEN SPACE MANAGEMENT PLAN TABLE OF CONTENTS SECTION I - VEGETATION OF PLEASANT VIEW CONDOMINIUM SITE Introduction Wetlands SECTION 11 - RECOMMENDATIONS AND REQUIREMENTS Control of Invasive Species Preservation Enhancement .2 .4 ,4 SECTION I11 - INITIAL DUTIES AND RESPONSlBlLITIES OF THE DEVELOPER. 5 SECTION IV -DUTIES AND RESPONSIBILITIES OF THE HOMEOWNERS ... 5 SECTION V - DUTIES AND RESPONSIBILITIES OF THE CITY OF MUSKEGO. ,6 SECTION I: VEGETATJON OF THE PLEASANT VIEW CONDOMINIUM SITE Introduction This Open Space Management Plan includes a proposed program to preserve, manage and use open spaces and natural areas within the Pleasant View Condominiums properties. The plan provides general methods and procedures for managing, improving, and sustaining the quality of the natural habitats within the Pleasant View Condominiums project. This document serves as a Work Plan, and as such, provides general recommendations about expected habitat management issues. It contains information about managing the wetland and adjacent areas, and encourages the use of vegetation types historically found in the region. Techniques for managing invasive, weedy plant species, such as Purple Loosestrife and Reed Canary Grass, are also provided. The City of Muskego Conservation Coordinator is available to provide technical assistance and literature references. References to other agencies, native plant nurseries and private consultants can also be provided to help in this Plan’s execution. Wetlands Wetlands have tremendous ecological significance. They help to improve water quality, help retain storm water, and provide critical habitat for a variety of wildlife, including frogs, salamanders, and turtles. Many people mistakenly think of wetlands as mosquito breeding grounds. However, a healthy wetland habitat attracts beneficial insects such as dragonflies, and birds such as swallows, swifts, and flycatchers - all of which prey on mosquitoes. Description The wetland to the north of the Pleasant View Condominiums buildings was likely a former sedge meadow. The area had been previously ditched and drained for cultivating agricultural crops. Since the cessation offarming, the area has reverted back to wetland. The drainage ditch along the north end of the properties is tributary to Big Muskego Lake. The wetland is now colonized by early-succession native we.tland species. It is dominated by Cattail (Typha lurfolia) interspersed with a matrix of nonnative, invasive Reed Canary Grass (Phalaris arundinaceu). The site now has relatively low plant diversity and therefore is less valuable to wildlife. Native wetland plants include Cattail, Dark Green Bulrush (Scirpus alrovirens), and White Avens (Geum canadense). Native woody plants scattered throughout the wetland include Black willow (Salix nigra), Boxelder (Acer negundo), Washington Hawthorn (Craraegus phaenopyrum), Sandbar Willow (Mix interior), Redosier Dogwood (Cornus sericea), Grey Dogwood (Cornus racemosa), and Elderberry (Sambucus Canadensis). Purple Loosestrife (Lythrum salicaria), a nonnative, highly invasive weed, has begun to infest the site. Invasive Species Reed Canary Grass is an aggressive sod-forming grass that is over-taking many wetlands and adjacent uplands in North America. Although a native strain exists, a more vigorous Eurasian strain was introduced for use as forage and erosion control. This Eurasian strain can out- 0 0 February 26,2002 Pleasant View Condominiums ODen Space Manavernent Plan compete native flora and create a monotypic (single species) stand that is of little use to wildlife. This invader now covers portions of the wetland area and adjacent higher areas within the Pleasant View Condominiums properties. Purple Loosestrife is an herbaceous wetland plant that was introduced to North America as a garden perennial from Europe during the 1800’s. This plant has showy purple flowers but its impact to wetlands isn’t so pretty. It can overtake an area to such an extent that it displaces most native plant species and subsequently the wildlife that depend upon the plants. The infestation of purple loosestrife on the Pleasant View Condominiums properties is particularly acute along the southern border of the wetland area. If left uncontrolled, the invasion is likely to worsen as each stalk can produce up to 300,000 seeds per year. Two invasive shrub species are also of a concern on the Pleasant View Condominiums properties: Tatarian Honeysuckle (Loniceua lafuarica) and European Buckthorn (Rhamnus cathartica). Both of these plants were originally brought to North America for use as landscape plants but have now spread over much of the Continent. These species leaf out sooner than most native trees and shrubs and can create thickets, which shade out lower-growing herbaceous plants. Modest numbers of these shrubs were found scattered in the northern portion of the condominium properties near the creek channel. SECTION 11: RECOMMENDATIONS AND REQUIREMENTS Control of lnvasive Species Reed canary grass control involves mowing, burning, and/or herbicides. Well-established stands are difficult to control due to the persistent seed bank in the soil. In some cases, removal of the top layer of existing soil will remove the unwanted seed bank. However, permits will be required for this control option. Re-seeding with a sedge meadow mix may be necessary if native seed bank is lost. Purple loosestrife can be controlled with herbicides when infestations are small. The flowering plant tops should be cut before they seed and immediately followed with an application of glyphosate herbicide to the cut stem. Cut flower heads should be bagged, as they are still capable of producing viable seed. Any herbicide applied on or near surface water requires a (no fee) permit from the Wisconsin DNR. Glyphosates specifically formulated for use near water (e.g. Rodeo) must be used. Check with the regional DNR Aquatic Plant Coordinator before starting an herbicide treatment near water. It is not feasible to control large stands of Purple Loosestrife with the cut stem herbicide treatment described above. Biological control through the introduction of Gallerucellu spp. beetles is a better option for serious infestations. These tiny insects, that keep this plant in check in Europe and Asia, have been imported to control this plant in the United States. They feed on the leaves and shoots of Purple Loosestrife and can keep the ulants from flowering and 2 February 26,2002 Pleasant View Condominiums Open Space Management Plan producing seed. Because they feed exclusively on Purple Loosestrife plants, Gullerucellu have not posed a threat to any native plants or cultivated crops. To propagate these beetles, ten Gullerucellu are introduced to individually potted Purple Loosestrife plants enclosed within mosquito netting. Beetles are allowed to breed without risk of escape or predation and after about two months, between one thousand and two thousand adult beetles are produced within each netted plant. These are then released to an infested area to begin control. Although they are both present in the Pleasant View Condominium properties, neither Tartarian Honeysuckle nor European Buckthorn is abundant and control is achievable. These invasive shrubs appear to be mostly isolated to the north side of condominium properties. Cutting the shrubs at ground level and treating the stump with a glyphosate herbicide can control both species. This is best done in the fall of the year when sap flows toward the roots and these plants are easily spotted due to their tendency to hold their leaves longer, Cut stems should he removed and disposed of, as they are capable of re-rooting. There are many references available that detail specific invasive species control techniques. The Wisconsin Department of Natural Resources web site contains many excellent online and offline references (http://WWW.dnr.state.wi.us/ore/land/er/invasive/index.htm). The City of Muskego Conservation Coordinator is also available to provide information. r Ti Species 3eed :anary ;rass 'urple .oosestrife luckthorn nd loneysuck ? Management strategy InspectionlMonitoring Control ., InspectionlMonitoring Control InspectlonlMonitoring Control letable for Invasive Spec 2002 lnsoect extent of coverase in Summer Treat with herbiclde in late May - lust before Dlants set ilowerlseed. Treat recurrmg plants in July Check extent of infestatm by July looking for flowering In June- Begin Gallerucella spp. beetle propagatlon project in Sprmg Stump treat with herbicide Fall- Inspect in April Winter Inspect in Summer Treat recurring plants with herbicide in late May lust before plants set flowerlseed Monltor for adult Gallerucella when plants Also check extent of leaf are 0.5 to 1 fool tall. feeding damage in June- July Allow beetles to establish control Inspect in April Stump treat w!th herbiclde Fall-Wlnter I I I 2004 Inspect in Summer Treat recurring plants with herbicide in late May just before plants set flowerlseed then overseed area wlth species (See seed native sedge meadow specifications below) Monitor for adult Gallerucella when plants are 0 5 lo 1 foot tall. Check if Purple Loosestrife mfestatlon is increasing or decreasins in June-J;ly Consider additional Gallerucella spp. beetle - propagatlon project if control. If infeslation IS numbers inadequate for small, cut stemlherbicide technique could be employed Inspect in April Stump treat with herbicide Fall-Winter 3 February 26,2002 Pleasant View Condominiums Open Space ManaEement Plan 0 Preservation Care should be taken to avoid and minimize direct, or indirect, impacts to wetlands. Management and maintenance activities within wetlands are highly regulated at the federal, state, and local levels. Regulated activities include clearing, dredging, and filling in or around wetlands. Effective sediment and erosion control practices will be required during any activities that could cause sediment-laden runoff to flow into the wetlands. Restoration projects within wetlands must be conducted in accordance with Wisconsin Department of Natural Resources (WDNR) guidance, and permits may be required. A good source of information may be found in the Wetland Restoration Handbook for Wisconsin Landowners (Alice Thompson and Charles Luthin, WDNR, 2000). Enhancement There are some easy techniques to enhance and protect wetlands that do not involve fill, excavation, or soil disturbance thus generally do not require permits: 0 Selective strategic planting would attract wildlife and help to improve water quality. Edges of the wetland area could be excellent growing locations for tree species such as the Swamp White Oak, Bur Oak, Shagbark Hickory, and Black Walnut. Reducing the lawn effect around the wetlands, by planting wet meadow forbs (flowering plants), grasses, and shrubs such as silky dogwood, would encourage some wildlife to nest and forage at these wetlands. A trail system could be installed as a focal point for enjoying the wetlands. The trail could largely be a mowed path, supplemented by a boardwalk system as needed. Tree swallow nest boxes and wood duck boxes could be added, situated within sight of the trail. 4 L February 26,2002 Pleasant View Condominiums Open SDace Management Plan Wet Meadow/Sedge Seed Mix Spec~fications for Storm water Pond and Swale Area Wildflowers 15 or more of the following: 0 Angelica Bergamot Black Eyed Susan Blue Flag Iris Blue Vervian Boneset Brown Eyed Susan Culver’s Root Dense Blazingstar Golden Alexanders Great Blue Lobelia Green Headed Coneflower Ironweed - Grasses & Sedges 4 or more of the following: Big Bluestem Canada Wild Rye Dark Green Bulrush 0 Fowl Manna Grass Joe Pye Weed New England Aster Ohio Goldenrod Ox Eye Sunflower Pale Indian Plantain Prairie Blazingstar Prairie Dock Red Milkweed Riddell’s Goldenrod Sawtooth Sunflower Sweet Black Eyed Susan Tall Coreopsis Wild Iris Fox Sedge Porcupine Sedge Virginia Wild Rye SECTION 111: INITIAL DUTIES AND RESPONSIBILITIES OF THE DEVELOPER The developer shall at his expense: I Maintain erosion control measures specified in the approved erosion control plan (drafted by: Interline Survey Services, Inc., dated: June 14, 2000, on file at the City of Muskego Building/Engineering Department). Erosion control shall be in compliance with the Wisconsin Construction Site Handbook of best management practices and remain in place until adequate vegetative cover is established. SECTION IV: DUTIES AND RESPONSIBILITIES OF THE HOMEOWNERS I The Homeowners Association shall initiate a volunteer program to eradicate invasive purple loosestrife, buckthorn, and honeysuckle plants from the properties. The Homeowners Association shall spend at least 40 “man-hours” per year on control activities including propagation of Gallerlrcella beetles and/or chemical control of invasive plants. The Homeowners Association shall advise the City of Muskego Conservation Coordinator 48 hours prior to conducting an invasive plant management activity. 5 February 26,2002 Pleasant View Condominiums Open Space Management Plan SECTION V: DUTIES AND RESPONSIBILITIES OF THE CITY OF MUSKEG0 The City shall: 1 Inform homeowners of wetland boundaries that lie within or adjacent to their properties. 2. Inspect wetland areas annually to ensure that no illegal filling, dredging, or other 3. Inspect the progress of control of purple loosestrife, buckthorn and honeysuckle control. 4. Assist Homeowners Association in educating members of invasive species control. modifications have occurred. 6