CCR2019080-Amended Resolution Muskego & LMLD roles & responsibilities
AMENDED
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, since 1983, as a result of the settlement of a legal dispute between the City
and LMLD, the City has contributed fifteen (15) percent of the LMLD total annual budget
to assist the LMLD in meeting its goal in preserving the value of the lake through weed
harvesting; 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 continue to 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
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 for the calendar year 2020 and until further
direction of Council, to assist the LMLD in achieving its objectives in preserving the value
of the Little Muskego Lake, the City will contribute fifteen (15) percent of the total annual
LMLD budget but not to exceed a cap of $44,222.00; that the cap is determined by taking
the average of the last five (5) year total annual LMLD budgets.
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 24TH DAY OF SEPTEMBER, 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