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Conservation Commission -Minutes-20080303 Approved 4/7/08 Conservation Commission City of Muskego Minutes of Meeting Held on, Monday, March 3, 2008 Chairman Leonard Pilak called the meeting to order at 7:02 PM and led those in attendance in the Pledge of Allegiance. Roll Call - Chairman: Mr. Leonard Pilak Commissioners: Mr. Howard Schneider, Mr. Bill Miller, Ms. Sharon Roy, Alderman Tina Schaefer. Conservation Coordinator: Tom Zagar. Excused: Commissioner Mr. Ted Decker and Commissioner Ms. Karen Hartwell Also in attendance: Bill Carity, Kalvin Klimeck, Nancy Borst, Karyn Gliniecki, Ron Ford, and Julie Holubowicz. The meeting was posted in accordance with the open meeting law. APPROVAL OF PREVIOUS MEETING MINUTES – A motion was made by Sharon Roy to approve the minutes of the meeting held October 8, 2007. Seconded by Howard Schneider; motion carried. Mr. Zagar asked that Chairman Pilak modify the order of the agenda to accommodate public and guests in attendance for agenda items. NEW BUSINESS Review concept plan for Nancy Borst property – Bill Carity (Developer) presented concept plan for the 134-acre Nancy Borst farmstead (former Badertscher) located north of Field Drive. It is their intent to preserve family farm as much as possible. He explained that the Plan was constructed to preserve environmental features – woodlands and wetlands. It was noted that the plan showed three development phases in which the third phase encompassed the farmhouse, barn, and outbuildings which would be kept and used by Ms. Borst’s family to continue to enjoy for a number of years. He explained that the Plan creates equestrian/pedestrian trails and has larger lots (1.5 to 4 acres) that could accommodate outbuildings for housing horses. Tom Zagar noted the area’s high conservation priority designation in the adopted Parks and Conservation Plan and importance to the watershed of Little Muskego Lake. He asked that before considering this development plan that the owner consider selling some developable lands in the northern portion of the property (with adjacency to the Ridges) to create a larger contiguous area of conservation land. Mr. Carity indicated that Ms. Borst wishes to retain ownership however there may be willingness to work on conservation easement to underpin preservation. He also noted that something could be worked out to provide the City access to the “Ridges” conservation site. Conservation Commission Meeting – March 3, 2008 – Page 2 Mr. Zagar passed around a depiction of the development which showed an outlined area that he indicated should be preserved in an outlot rather than included as part of individual residential lots. He noted that this would better ensure there would be no degradation of environmental lands and allow for land management. Mr. Carity noted smaller lots may be problematic because of lot sizes required for outbuildings that may be needed for equestrian use. Howard Schneider expressed a desire to preserve as much as possible and the need for City access to the Ridges. Mr. Schneider asked about connectivity with the City’s proposed recreation trail. Mr. Zagar showed that a future trail linkage was planned in that area that would connect through the western side of the City and facilitate equestrian use. Mr. Zagar explained that for lands identified in the Comprehensive Plan – and its component, the Parks and Conservation Plan - the City of Muskego Municipal Code authorizes the City to require a land dedication of up to 9.7% of net development area and it further allows the City to reserve lands in excess of the 9.7% for future purchase for a three year period of time. Len Pilak and Alderman Schaefer recommended that Ms. Borst & Mr. Carity meet with Planning Department to discuss the development. Mr. Carity asked if it was objectionable if they work with Muskego Lakes Conservancy on conservation issues. Mr. Carity expressed a belief that they have a better capability, understanding and knowledge to manage the headwaters. Howard Schneider invited Ms. Borst to visit the Engel Conservation Area to see an example of land management the City has completed on its conservation lands. Review Michael Birkley Certified Survey Land Division Mr. Zagar presented a memo and map describing a proposed land division of property located just north of the east-west recreation trail and west of Durham Drive. He noted that the land contained wetlands and expressed concerns about wetlands located on private lots and pondered the idea that it could be placed in an outlot. Mr. Scnheider and Bill Miller noted proposed road was depicted as going over an area that looks like a small pond. Mr. Birkley said it was a pothole. It was discussed that a wetland delineation was completed and approved by the DNR so the area is not apparently a wetland feature. Howard Schneider recommend approval of the Birkley certified survey land division subject to wetland preservation restrictions being met. Bill Miller seconded, carried by all. OLD BUSINESS Discuss conservation easement for Ridges City conservation site – Mr. Zagar gave a some background of this agenda item. Muskego Lakes Conservancy offered to be the holders of a conservation easement for the City-owned “Ridges” conservation site to be assured that future Common Councils retain the conservation values of the property. The issue has been considered for several years with previous drafts produced by both the City and the conservancy. Tom Zagar recently met with Howard Schneider and Ron Ford of Muskego Lakes Conservancy to go over language in a draft conservation easement document produced by Muskego Lakes Conservancy. He subsequently met Conservation Commission Meeting – March 3, 2008 – Page 3 with other Planning Department staff to review the matter. Mr. Zagar stated that the Planning Department believes there are safeguards in place already and is not advocating granting a conservation easement to Muskego Lakes Conservancy. He stated that the adopted Parks & Conservation Plan identifies the land as a conservation land and the Comprehensive Plan shows the land use as “Conservation and Natural Resources.” He also noted that the Ridges Subdivision plat dedicates the area “for park purposes” and since then has never been considered for development into any more intensive use – adding that inherent limitations such as wetland, floodplain make it very unlikely to be so developed. Mr. Ford spoke to the Commission stating that although it may be unlikely now, there are no assurances in the distant future. He described two instances where City land was sold off for development: lands west of the dam on Little Muskego Lake, and a portion of Bluhm Park that contained frontage to the “West Lake” waterbody. Muskego Lakes Conservancy is specifically interested in placing a conservation easement here because the site is within the group’s area of interest and has exceptional ecological value. He noted that the Commission previously approved the concept of placing a conservation easement on property. Mr. Schneider stated that City staff may be concerned about survivorship of the conservancy to carry on easement terms. Mr. Ford stated that the easement gives no specific rights to the holder other than to act as a policeman and look after the natural values. He noted that conservancy groups have a line of succession should the land trust no longer exist. Chairman Pilak asked if there is some other type of document that could accomplish the same purpose – one that could perhaps be applied to all City conservation properties. Mr. Ford stated that other options to easements exist, such as permanent deed restrictions. Mr. Zagar asked what other governments have given conservation easements to other parties. Mr. Ford indicated he could provide examples. Mr. Ford informed Commissioners that they would be mailed the 13-page conservation easement document. Alderman Schaefer agreed it was important there is some type of protection or deed restriction. She recommended having the City attorney review the easement language. OLD BUSINESS Erosion control project on Holz Island/Little Muskego Lake – Mr. Zagar noted that showed the commission construction plans. Plans will be presented at the upcoming Little Muskego Lake District Meeting and will work with Fay Amerson to apply for DNR permits. Development of Engel Conservation Area – Mr. Zagar advised that two more Eagle scout projects will complete needed trail segments. Other land management projects would continue. NEW BUSINESS Discuss responses to letters sent to high conservation priority landowners expressing City’s interest in acquiring lands – Mr. Zagar reported on responses to a letter sent out to owners of lands designated as high conservation priorities in the Parks & Conservation Plan. He indicated that it was successful in making landowners aware of the community’s recognition of the conservation values of their properties. Conservation Commission Meeting – March 3, 2008 – Page 4 Discuss conservation work plans for 2008 - Mr. Zagar asked if commissioners each received the work plan for 2008. He noted that several sites would have controlled burns conducted and invasive species management projects would continue. Some projects were planned that will utilize volunteers. Review Sign for Blattner Conservation Area (Boxhorn Reserve Subdivision) – The developer asked that a sign recognize the land donation of the subdivision and name the area after the Blattner family. Mr. Zagar presented a mock up of the sign which reads: This site was donated by Creative Homes, Inc. to the City of Muskego in the platting of Boxhorn Reserve Subdivision. It commemorates the Blattner family who owned and farmed lands in this area. This site is being managed to restore the oak savanna plant community which covered much of this region before European settlement. Also called “oak openings,” this plant cover type is characterized by open grown woodlands of predominantly oak trees with prairie grasses and wild flowers flourishing within the openings. Chairman Pilak asked where is would be placed. Mr. Zagar indicated that it would be placed along Boxhorn Drive and likely be about 3 feet wide. The Commissioner were in agreement with the placement of the sign. Boxhorn Lake Access - Boxhorn Gun Club owners are working with the DNR to sell approximately 18 acres of woodlands and wetlands to add to Big Muskego Lake Wildlife Area. They have also offered to sell the lake access site which is currently leased by the City. The City is currently eight years into a 20-year lease which began at a rate of $2,000/year and increases 3% annually, for a total of approximately $60,000 through its duration. Mr. Zagar distributed a conceptual land division which shows each of the potential acquisitions. It also shows a strip of land that the DNR would give up to allow the existing home on the site to be split off into a separate lot and meet road frontage requirements. Alderman Schaefer expressed concern about the site being landlocked and access through other lots to get to the launch parcel area. Tom Zagar described that there is a permanent easement through the restaurant parcel. Mr. Zagar expressed the opinion that City should seek to acquire the boat launch as this is a better launch location than the one on Durham and offers great view of Big Muskego Lake. Howard Schneider, motioned to recommend that the City of Muskego look into the purchase of the Boxhorn launch. Alderman Schaefer seconded, and carried by all. Discuss Ideas for Arbor Day (Earth Day) Observance – Mr. Zagar asked the Commission if there was interest in organizing some type of Arbor day observance/event. It could be advertised in the City newsletter - due to be sent out just before Arbor Day – last Friday in (April 25). Howard Schneider and Bill Miller expressed some willingness to help. Time of day was brought up and it was thought that evening might work out because of extended daylight. It was agreed that this item would be talked about later. MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW – None. ADJOURNMENT – Bill Miller moved to adjourn at 8:41 PM. Carried by all. Conservation Commission Meeting – March 3, 2008 – Page 5 Respectfully submitted, Tom Zagar