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Conservation Commission -Minutes-20080715 Approved 11/18/08 Conservation Commission City of Muskego Minutes of Meeting Held on Tuesday, July 15, 2008 Commissioner Pilak called the meeting to order at 7:00 PM and led those in attendance in the Pledge of Allegiance. Roll Call - Commissioners: Mr. Ted Decker, Ms. Karen Hartwell, Mr. Leonard Pilak, Mr. Bill Miller (excused at 8:03 p.m.), Ms. Sharon Roy (excused at 8:08 p.m.), Alderman Bill Schneider, Mr. Howard Schneider, Conservation Coordinator Tom Zagar. Also in attendance: Ron Ford, Bill Carity, Ald. Schaefer The meeting was posted in accordance with the open meeting law. APPROVAL OF PREVIOUS MEETING MINUTES – A motion was made by Bill Miller to approve the minutes of the meeting held April 7, 2008. Seconded by Sharon Roy; motion carried. OLD BUSINESS Erosion control project on Holz Island/Little Muskego Lake—Conservation Coordinator Tom Zagar reported that he is putting together the permanent application for the permit, getting ready to send it out to the WDNR (Wisconsin Department of Natural Resources). The permit fee of $500 needs to be submitted with the application and the city should have the permit within 30 days after submittal. Commissioner Pilak asked the source of the $500 funding. Mr. Zagar mentioned taking it from the conservation fund as these funds are for implementing projects. Mr. Schneider commented the lake association could help with the funding. Mr. Ron Ford advised the commissioners that there was a conservancy member that wanted to donate to the project. The project involves stopping the erosion that is occurring around the island. Development of Engel Conservation Area—Mr. Zagar shared that there are two Eagle Scout projects going on this summer. They will be doing the bridges/boardwalks over a couple waterways to complete the final loop around the wetland restoration area. Commissioners inquired about the status of the burning of the house. Mr. Zagar said they were scheduled to burn the house and then the rains came which washed out a portion of the driveway. The ruts in the driveway were too deep for them to risk driving their trucks in the area. They will reschedule it now that the DPW (Department of Public Works) has filled and graded the driveway. Discuss conservation easement for Ridges conservation site—Mr. Zagar stated there was another submittal of the draft for the easement. He reviewed it and noticed that some changes are different from the last draft. He further stated that staff was not recommending the easement. Commissioner Pilak questioned how many different groups were overseeing this site. Mr. Zagar said it was in the 2020 Comprehensive Plan, then in the subdocument the Parks and Conservation Open Space Plan stating it is a conservation Conservation Commission Meeting – July 15, 2008 – Page 2 site and the zoning is for conservation. This is just seven percent of the conservation lands in the city. He would rather see deed restrictions rather than individual conservation easements. Commissioner Pilak questioned if there was any deed restriction language. He did not think that another layer of protection is a problem, but did think another layer of rules and regulations that come along with that layer is a problem. He noted that Mr. Ford, as a former alderman and now as an individual, has done a lot of work on this and definitely wants to make sure it is protected at all cost. Commissioner Schneider did not see anything wrong with another layer of protection and it wouldn’t cost the city much possibly $500-$1000 and they should move forward and do it. Commissioner Pilak thought that some of the language in the document should be cleaned up and deed restriction language would be very important. He asked if the city and the petitioner for the conservation easement get together and clean up the language and come to an agreement. Mr. Zagar indicated they had and the current document had added a whole section that wasn’t in the last draft and a lot of references to the grantee biologist and it isn’t defined who that is and a lot of decisions have to go through this person. Mr. Ford was invited to comment on the issue. He wanted the commissioners to understand that there are some pieces of land that should not be changed because of their inherent natural values and this is the very best and the very last source of clean, clear water for Little Muskego Lake. He stated unequivocally there is no other way to protect a piece of land from inappropriate development than a conservation easement and/or deed restriction which basically amounts to the same thing. It has to be recorded with the deed and run with the land. They can’t afford to have this land left up to political considerations in the future. Discussion ensued on the language in the document and other relevant conservation land issues. Commissioner Pilak moved that Mr. Zagar and Director Muenkel sit down with Mr. Ford and get some of the particulars hashed out, straighten out and let’s come to an accord on it and not make us make decisions because we all want to do the right thing and I don’t think us making the decision is the right thing. There should be some common ground here. If the city has a problem with it, then let the city handle it. Mr. Schneider seconded the motion. No discussion. Upon a voice vote, the motion carried unanimously. NEW BUSINESS Review 2020 Comprehensive Plan Conservation Goals—Commissioner Pilak reported that the 2020 Comprehensive Plan Committee had met about five or six times and they are trying to plan the city’s future. The things that they discussed are housing, transportation, utilities, resources and cultural facilities; also, the implementation of the strategies and most of all conservancy. He touched on the conservancy issues. They would like to streamline what the city does in the future with all of the other committees that are involved in the city. They have specific conservation rules and guidelines for the subdivisions with putting so much land into conservancy. He indicated there were bonuses with putting subdivision land into conservancy. The committee would like to have everybody operate under the same set of rules and reshape how the development of lands is done. He shared with the commissioners maps depicting how the committee proposed the development of the city for 2020. Review revised concept plan for Borst property—Mr. Zagar reviewed briefly the development proposed for the Borst property adjacent to Field Drive. He presented a Conservation Commission Meeting – July 15, 2008 – Page 3 map showing the conservation priority designations. This property falls into the medium priority designation. Bill Carity gave some background information on the development. It’s not truly a conservation subdivision as it does not meet the criteria of a conservation subdivision. They are planning to preserve the most important environmental aspects of the development. The wetlands, of course, are not allowed to be developed and they did have a wetland delineation done. There is one area where they would have to cross the wetland area which is about 50’ x 15’ and it is a very low quality wetland associated with an ag ditch. The rest of the wetlands they will preserve entirely along with some significant hardwood trees stands on the property. To preserve the trees in the future, there would be a tree preservation deed restriction on each parcel and trees could not be removed without permission from the city forester. He mentioned that the lots would be different acreage with the larger parcels on which a small building/barn could be erected. Also, considering a trail for equestrian usage or travel corridor for wildlife and the larger lot size would allow for an equestrian-type usage. Mr. Zagar would like them to stay clear of the wetlands of Spring Creek watershed and has concerns on equestrian usage which could put nutrient loading into the waterway. The parcels should stay clear of the wetlands. Commissioner Pilak was concerned about parcels having wetland areas. Properties that have wetlands tend, as years go by, to fill in the wetland. Commissioner Hartwell voiced her concern that the runoff from the lots would be going into the wetlands. Bill Carity stated they would have to follow the requirements set forth by the WDNR to protect the wetlands. Commissioners would like him to come back when he has a preliminary plat. Mr. Carity mentioned that there will be a public hearing on the rezoning next week and the information has been sent out to the public. Mr. Howard Schneider had a concern about the horses and the manure washing down into the watershed. MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Mr. Zagar shared the press release on the ospreys on Big Muskego Lake. They have two young chicks which will be banded shortly. ADJOURNMENT--Bill Schneider moved to adjourn, seconded by Ted Decker at 8:17 PM. Carried by all. Stella Dunahee, CPS Recording Secretary