CCR2019080-LMLD
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #080-2019
RESOLUTION TO DETERMINE THE CITY OF MUSKEGO AND LITTLE MUSKEGO
LAKE DISTRICT ROLES AND RESPONSIBILITIES WITH REGARD TO LAKE
MANAGEMENT, DRAWDOWNS, DREDGING PROJECTS, AND EQUITABLE LAKE
DISTRICT FEE PAYMENTS
WHEREAS, Little Muskego Lake District (LMLD) is a government entity created in
accordance with Wisconsin State Statute 33.21 for the purpose of creating a program of
lake protection and rehabilitation of the lake or a part thereof within the District; that the
Districts powers and responsibilities are outlined in Subchapter IV of Chapter 33 of the
Wisconsin State Statutes; and
WHEREAS, the City of Muskego is the owner and operator of the Little Muskego Lake
dam; that pursuant to an Order of the Department of Natural Resources (DNR) dated
September 17, 1973, the City of Muskego has been conducting an annual drawdown of
the lake for the purpose of preventing ice damage to the lake shoreline; that said DNR
Order allows for a maximum drawdown of two (2) feet, however, the current annual
drawdown of approximately one and one half (1 ½) feet has been sufficient to
accomplish the purpose of the Order; and
WHEREAS, there are sixteen (16) public access points on Little Muskego Lake; that in
total, there are twenty-eight (28) parcels of land owned by the City within the LMLD; and
WHEREAS, prior to 1981, the City contributed a total of ten (10) percent of the annual
weed harvesting expense to the LMLD to be used for said purpose; that in 1981, the
LMLD, upon its own volition and absent agreement from the City, billed the City for
twenty (20) percent of the annual weed harvesting expense; that the City paid the fees
and then commenced a lawsuit against the LMLD to dispute and recover the additional
fees; and
WHEREAS, the parties settled the above mentioned lawsuit by agreeing that the City
would contribute fifteen (15) percent of the annual weed harvesting expense to the
LMLD; that said settlement was memorialized in Resolution #17-83 which was adopted
by the Common Council on January 25, 1983; and
WHEREAS, in 2010, the Committee of the Whole reviewed the City’s annual
contribution of fifteen (15) percent and clarified in a Resolution dated February 8, 2011
that the City’s contribution was not only for weed harvesting but also for other priorities
and special projects, some of which were stated in the Resolution; that the result of this
review was that the City would contribute a fee comprised of fifteen (15) percent of the
total annual LMLD budget which has continued to the present day; and
WHEREAS, as a means of raising revenue for the District and to meet its operating
expenses, the LMLD charges an annual lump sum fee based on the amount of land
owned to each member of the District as opposed to a true property assessment; and
Resolution #080-2019
WHEREAS, as a means of equity and upon review by Council, it was determined that
the City also pay an annual fee to LMLD comprised of the twenty-eight (28) parcels it
owns similar and consistent with how fees are paid into the District by all other District
members; and
WHEREAS, Exhibit A attached hereto is a map depicting the City owned parcels on
Little Muskego Lake; and
WHEREAS, Exhibit B represents additional responsibilities, but not inclusive, of LMLD
and the City with regard to extended drawdowns and dredging projects, in the best
interests of both parties.
NOW, THEREFORE, BE IT RESOLVED that beginning with the calendar year 2020,
the City will voluntarily provide $10,000.00, over and above the parcel fees, for the 2020
LMLD budget with lesser amounts for the following two years as follows: 2021 in the
amount of $_____________ and 2022 in the amount of $__________, as determined
by the Common Council, allowing the District to conservatively adjust its budget
accordingly to a parcel fee only structure.
NOW, THEREFORE, BE IT FURTHER RESOLVED that beginning with calendar year
2023 and thereafter, the City shall only pay an annual lump sum fee associated with the
twenty-eight (28) parcels it owns in the same manner that all members of the LMLD
contribute to fund the District for the purpose of carrying out its annual projects and to
meet its other yearly expenses.
NOW, THEREFORE, BE IT FURTHER RESOLVED that this Resolution repeals
Resolution #011-2011 adopted by the Committee of the Whole on February 8, 2011.
ADOPTED THIS DAY OF , 2019.
SPONSORED BY:
COMMITTEE OF THE WHOLE
This is to certify that this is a true and accurate copy of Resolution #080-2019 which
was adopted by the Common Council of the City of Muskego.
______________________________
Clerk-Treasurer