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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