Conservation Commission -Minutes-20100419
Approved 5/9/11
Conservation Commission
City of Muskego
Minutes of Meeting Held on Monday, April 19, 2010
Acting Chairman Miller called the meeting to order at 7:02 PM and led those in attendance in the
Pledge of Allegiance.
Roll Call - Commissioners: Ms. Karen Hartwell, Ms. Julie Holubowicz, Mr. Bill Miller,
Ms. Sharon Roy, Ald. Neome Schaumberg, Mr. Howard Schneider and
Conservation Coordinator Tom Zagar.
Absent: Mr. Leonard Pilak (excused)
Guests: Ald. Neil Borgman, Nancy Borst, Bill Carity, Ron Ford, Larry Lefebvre, Sandra
Kurka, Tom Rank, Ald.-elect Soltysiak,
The meeting was posted in accordance with the open meeting law.
APPROVAL OF PREVIOUS MEETING MINUTES – A motion was made by Commissioner
Roy to approve the minutes of the meeting held September 23, 2009. Seconded by
Commissioner Miller; motion carried.
PROJECT UPDATES
Conservation Coordinator Zagar updated the commissioners on the following projects:
Engel Conservation Area—There is another Eagle Scout project adjacent to the high school.
There will be a bridge that will go over the waterway that is on the north side of the Engel
conservation area and northeast to connect to the high school athletic field. A trail from that area
and a bridge over the waterway on the hiking trail so high school science classes or people
attending sporting events can get right on the trail.
Blattner Reserve—This area was burned again this year. The restoration is going well.
Restoration of City-owned Lands in Bass Bay Tributary—These are lands on the south end
of Moorland Park and former Candlewood Creek subdivision lands dedicated to the city. A
prescribed burn was done there this spring. The staff did some killing of existing vegetation last
year and the plans are to do it again this year. The portion in Moorland Park was put into
agricultural use, planting of soybeans and that will again be done this year. Finally, it is planned
in the fall to plant native prairie vegetation in the area.
Conversion of Park Turf to Prairie—These areas were dormant seeded last fall. Turf was
killed using a Round-up type herbicide. The areas were in Denoon Park, Kurth Park, Bluhm
Farm Park, Manchester Hill Park and Schmidt Park. Ms. Hartwell commented that they may
want to use better seed, high quality seed, like used in the Blattner Reserve, to make the Schmidt
Park area rich as the area in the park is right in the middle of the neighborhood.
Conservation Commission Meeting – April 19, 2010 – Page 2
Erosion Control Project on Holz Island—Little Muskego Lake—This project was started last
fall with the help of some volunteers including Mr. Howard Schneider. They installed some
coconut-fiber logs on the undercut bank to restore the eroded area. This year, the western shore
of the island will have riprap done by a contractor. The contract is in the process of being signed
and the project should be done by the end of September. Mr. Schneider mentioned that in the
Milwaukee area there was problem with the size of the rocks that the contractor used on the
beach and the contractor had to redo the project. Conservation Coordinator Zagar stated it was
spelled out clearly in the contract documents and they will be overseeing the project as the loads
of rock arrive. Mr. Schneider asked if the WDNR would be inspecting it. Conservation
Coordinator Zagar stated they might. The project has to be done according to regulations.
NEW BUSINESS
Conservation Easement for Borst Property—For the Borst property, some development
proposals have been brought forth but at the same time, the city has always been interested in
ways to conserve the land. Bill Carity is working on some of the development concepts for the
area for Nancy Borst. The city has been looking for creative ways to conserve the watershed, the
wetlands and the lands tributary to the creek which runs through the Ridges site and ultimately
flows into Little Muskego Lake. Ridges site is one of the best conservation areas that the city
manages and owns and the city is looking at buffering that and conserving a greater area. While
the city was interested in purchasing lands, Mrs. Borst would like to retain ownership of the
lands. The city has proposed the concept of purchase of development rights - essentially that is
purchasing conservation easement over land where the owner can retain ownership of the
property and certain development rights are taken away from the area. This comes at a price.
Instead of purchasing the land, you purchase the right to develop the land. It is essentially buying
the conservation easement. There is some areas where the city can do this under a willing buyer-
willing seller term; there is also a program under the USDA’s Natural Resource Conservation
Service for doing this same thing for wetland areas and adjacent uplands and it is called the
Wetlands Reserve Program. The city did get involved in this program at the Engel Conservation
Area. There are 66 acres on the north side that have a conservation easement and further, some
land restoration was done in the area.
Mr. Carity spoke on what has transpired so far relative to the Borst property. He stated that Ms.
Borst’s goal was to preserve the rear portion of the farmland as much as possible for her own
enjoyment. His role is essentially to develop the front 56 acres which is down along Field Drive.
About a year ago, they brought their concept plan before the city together with the rezoning
request which was approved and more recently a certified survey map showing a phase
development around the original concept plan. Discussions have taken place with several groups
regarding the disposition of these lands. Conservation Coordinator Zagar presented an aerial
view map of the property. He shared that the representative from the USDA indicated their
interest in the property but several things needed to be worked out. He did not know how it
would work into the development of the lower area. They would do a cash purchase of
development rights over wetlands and the adjacent uplands. It would have to be a 30-acre
minimum and this would involve including some of the side sloped acreage and some of the
gravel pit. He pointed out on the map the proposed area. Mr. Carity had reservations as that
would interfere with the certified survey map and a sale of a portion of the property. He thought
there may be a way to allow that to occur on the certified survey map but he understood it had to
under one ownership. They would not want it to adversely affect the first phase of the
development. Conservation Coordinator Zagar stated his department’s staff are interested in
Conservation Commission Meeting – April 19, 2010 – Page 3
pursuing the purchase of development rights on (portions of) the Borst property as an alternative
to the outright purchase of land. He recommended pursuing the idea of purchasing development
rights for preservation of open space and environmentally significant lands and the necessary
appraisals needed to facilitate it. Mr. Carity suggested the staff work with the landowner on the
amount of acreage and areas because the way the appraisal is going to happen needs to be
specific. Mr. Howard Schneider moved to enter into discussion with the landowner on the
possible purchase of development rights to the Borst property and any necessary
appraisals that would include the environmental significant areas. Mr. Miller seconded.
Upon a voice vote, the motion carried.
Potential Land Purchase in New Berlin—Conservation Coordinator Zagar informed the
members that the Little Muskego Lake District, the Muskego Lakes Conservancy, the Little
Muskego Lake Association and the City of New Berlin are looking at purchasing land in New
Berlin, approximately 40 acres. The largest need is an area to ultimately be used for weed
tipping from the weed harvesting program. At the same time, it is in the watershed area of a
creek that flows directly to Little Muskego Lake so it is protection of lands within their
watershed.
Mr. Ron Ford of the Muskego Lakes Conservancy presented the argument for the acquisition of
this property. He was joined by Mr. Larry Lefebvre of the Little Muskego Lake District and Mr.
Tom Rank. Mr. Ford stated that for over a decade, they have been working to establish
environmental corridors along the two main tributaries to Little Muskego Lake. One is Spring
Creek with headwaters on the Borst farm and the other is Calhoun Creek which begins behind
the Target store on Moorland. There is a definite difference in the water that come from the old
developed business area and what comes from Spring Creek into Linnie Lac. They have
acquired five properties, totaling approximately 60 acres, and they have an environmental
easement of another 10 acres. They have spent about $150,000 collectively on those purchases.
They are now looking to purchase a property in New Berlin on the southeast corner of Beloit
Road and Calhoun Road. He provided an aerial photograph of the property and went over the
topography of the area. He pointed out the retention pond by the business park with the tributary
from it. Also, provided were pictures of the quality of water coming from Spring Creek
watershed compared to the quality of water coming from Calhoun Creek. There is a significant
difference in water quality between the two. If they can acquire the property, there are
significant problems; the stream banks are highly degraded and the amount of water and the
quality of water coming out of the business park pond is not good at all. They feel they can
correct that problem if they own the property. In regard to the Christmas trees on the property,
they would sell them to offset the cost of restoring the stream and some other conservation
projects. Other pictures were provided showing the significant erosion and sedimentation during
the development of the pond in the business park. As someone residing downstream and based
on his experience with New Berlin over the years, he did not feel that there was the focus or
interest in New Berlin on what happens downstream and nothing really changes. They felt
nobody else is going to step in and correct the problems downstream from New Berlin. The
property was initially listed on the market for $650,000 based on a development concept. The
selling price the owners have agreed to with these groups is $480,000 and is based on a
preliminary appraisal that the lake groups hired a firm to do on the property. One reason for the
significant drop in price is the market is such that this type of land is not moving. The three lake
groups combined are able to put up about $190,000 of their own money. They have begun the
process of applying for a WDNR stewardship grant and that grant would pay for half of the
Conservation Commission Meeting – April 19, 2010 – Page 4
appraised value though they do their own appraisals and this would be about $240,000 from
them. This would leave about a $50,000 short fall. They have a May 1 deadline to make
application for the grant. They have had a meeting with the Mayor and they are asking the city
to invest approximately five percent of the total price, about $20,000. The rest of the money they
will attempt to raise from the City of New Berlin because they want to put a walking trail
through the property to their park and the groups will also be contacting some private donors. In
talking with interested individuals, one question is asked is if the City of Muskego is going to
contribute to this project. Mr. Ford stressed that this project would have a significant benefit
more to the City of Muskego than to the City of New Berlin. They will be working over a period
of time to restore the stream and with the business park community to correct the problem with
their pond.
Other issues discussed with the commission members were the time frame to actively restore the
area, stopping the run-off from the weed tipping, preserving the land rather than developing it,
retention pond in the industrial area, meetings held with New Berlin’s advisory committees,
criteria for the WDNR grant, water quality in the lake and impact on property values, lands in the
watershed owned by the groups, the neighboring nursery, the area wetland complex, as well as
previous Muskego dollars invested on lake dredging.
Conservation Coordinator Zagar advised the commission members that this would mean
spending Muskego dollars in another community. It would be about ten percent of the fund
balance for conservation. Further, he realized the need of protecting lands in the watershed and
he acknowledged Mr. Ford did bring up some legitimate concerns that just getting the land
would not make the water clearer; it would take time to do the restoration work. Mr. Howard
Schneider moved to send a letter of support on the acquisition of this property and the City
of Muskego needed to be listed on the application. Ald. Schaumberg seconded. Upon a
voice vote, the motion carried. Ald. Schaumberg inquired if they don’t come up with the
additional money, what happens. Mr. Ford stated the acquisition of the property would not
happen. Mr. Howard Schneider moved to recommend to the Common Council should this
project move forward to have the City of Muskego donate up to $20,000 toward the
acquisition of this property. Ms. Sharon Roy seconded. Upon a voice vote, the motion
carried with Ms. Hartwell opposed.
MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Conservation Coordinator Zagar shared that the osprey camera is working. The birds are in the
mating season.
Mr. Schneider would like the Commission to receive a financial report on the conservation fund
balance.
ADJOURNMENT—Commissioner Miller moved to adjourn the meeting at 8:30 PM. Ald.
Schaumberg seconded. Carried by all.
Stella Dunahee, CPS
Recording Secretary