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PSCM19961202• PUBLIC SERVICES COMMITTEE - CITY OF MUSKEGO MINUTES OF MEETING HELD MONDAY, DECEMBER 2, 1996 The meeting was called to order at 7:02 P.M. by Chairman Patterson. Also present were committee member Pionek, Building Inspection Director Chuck Dykstra, Public Works Supt. John Loughney, Police Chief John Johnson, Ald. Nancy Salentine, Ald. Mark Suhr, Ald. David Sanders and those per the attached list. Committee member Rasmussen was excused due to illness. The committee discussed status of condemnations/citations, as attached. Director Dykstra briefly summarized proposed changes to Electrical Code and minor revision to Erosion Control Ordinance. Committee will discuss further at January meeting. Ald. Salentine discussed complaint regarding failure to pickup refuse/recycling at a location on Kingston Drive. Supt. Loughney will followup to verify that problem is corrected. Chairman Patterson requested that a copy received on hazardous materials be forwarded to the Muskego Sun for possible publication. Supt. Loughney was requested to use portions of • flyer in his article for the next City newsletter. The committee discussed letter received from Warner Cable Communications, dated November 27, 1996, regarding the upcoming cable rate adjustments and channel changes, as well as the possibility of obtaining extra channels as provided for by the contract. The letter states "through technical advances and adjustments, Warner Cable has been able to make room on the system (i.e. bandwidth space) for more channels. Warner Cable invested thousands of dollars to enhance its system in order to provide this room for the additional channels". Chairman Patterson instructed that a letter be sent to Bev Greenberg requesting additional channel, a breakdown of increases, and an explanation as to why City of Muskego is not consulted when channels are chosen for addition or deletion from packages. The rate of increase, as stated in the letter, was determined to divert attention from actual annual increase from 1996 rates to 1997 rates, by stating increase as an average annual increase for the period of 1991 through 1997 and relating cost on a per channel basis. There was nothing new to discuss on landfill agreements and the East Troy PRP will be discussed at the January meeting. The committee continued discussion on permitting for displaying • fireworks. Ald. Pionek advised that Atty. Molter has stated that the City's existing ordinance already prohibits the sale of fireworks. Additional correspondence from the City's insurance representative, Jim Murphy, explained the City's PUBLIC SERVICES COMMITTEE - CITY OF MUSKEGO DECEMBER 2, 1996 - PAGE 2 • coverage and also suggested that the City consider requiring to be named an additional Insured on those policies and draft a Hold Harmless Agreement in favor of the City for signature of the fireworks sellers in return for issuing the permit. Jeff Jones of Muskego Public Access Group appeared before the committee to discuss existing and proposed guidelines or rules regarding airing of tapes. Group and City "not responsible for content" penalties are provided for violators. Chairman Patterson explained that cable contract does not classify any channel as a "Public Access" channel. City has "Public Access" channel by choice, it could be called a "Government" channel. A discussion ensued regarding first amendment rights. Debbi McDonald, a member of the Muskego Public Access Group, listed liabilities City and Council Members assume if they require City staff to review (censor) tapes prior to airing. Chairman Patterson explained that the contract with Warner Cable Communications is with City Government. Debbi McDonald explained proposal to have scroll identify who put program on air. Committee discussed the November 27, 1996, letter from Warner Cable regarding technical advances and Chairman Patterson explained contract allowing for three (3) channels reaffirming need to send letter to Warner Cable Communications requesting an additional channel now that technical advances have created additional channel. Chairman Patterson stated . that the existing City's position is that the Recreation Director, Gordon Jacobson, reviews tapes prior to their airing. Debbi McDonald stated that no one should be "censor king", and that the City assumes liability for first amendment rights if they have staff screen tapes. Jane Drake, a member of the Muskego Public Access Group, stated that she has a graphic tape that deals with abortion which the Recreation Director may not approve but that she will pursue her rights to air. Debbi McDonald stated that the existing scroll reads, "not responsible for content" and that it would have to be changed if the Recreation Director reviews the tapes. The committee directed that a letter be written to Attorney Molter asking for an opinion on whether scroll needs to be changed to reflect responsibility assumed by the City having staff screen tapes. Recreation Director Jacobson advised that the old and proposed new guidelines have already been sent to Attorney Molter for his review. Discuss on personal signage was deferred to the January meeting as Ald. Suhr was no longer present. Plan Director Sadowski, Wayne Salentine and Harold DeBack joined the table to discuss farm produce sales. Matt Sadowski's basic question was "shall City allow or not allow such sales in general"? Ald. Pionek questioned why we aren't • enforcing existing ordinance. Darcy Milbauer stated that many folks come and sell door to door and she feels that residents would rather stop at a roadside ditch as it is less intrusive. Bob Drefahl stated that you need to get to traffic for PUBLIC SERVICES COMMITTEE - CITY OF MUSKEGO DECEMBER 2, 1996 - PAGE 3 • reasonable sales volume and that side roads or subdivisions are not adequate. Chairman Patterson advised that Atty. Molter worked on original license rules, and questioned what his opinion is on how they align with zoning, what was original intent, and what would he recommend. Ald. Pionek questioned why farmers should be given the advantage and why shouldn't everyone in the City have similar privileges. Ald. Sanders advised that the licensing regulations mention "farmers". Ald. Pionek stated he felt the committee should look at how this affects the entire community, not just Mr. DeBack. He also questioned whether other State, ADA and parking rules apply, as well as traffic patterns. Ald. Sanders stated that licensing rules were intended to be applied regardless of zoning. Chief Johnson stated that he made original draft of license regulations in 1985 and that zoning was not part of the discussion, it was a separate issue. Chairman Patterson requested Plan Director Matt Sadowski confer with Atty. Molter regarding original intent and investigate surrounding communities as to their regulation of farm sales and to supply the committee with this information a minimum of two (2) weeks before the January meeting. Ald. Pionek moved to defer to January meeting. Seconded by Chairman Patterson, motion carried 2-0. Ald. Salentine discussed committee's need to address safety • concerns on lack of adequate street lighting at south driveway on STH L (Janesville Road) from Sentry/McDonald's to Racine Avenue. Ald. Salentine stated that she has discussed safety concerns with Chief Johnson and that he supports additional lighting. There is money budgeted to cover some of these electrical expenses. Supt. Loughney estimated cost would be approximately $500-$600 per pole plus wiring. Ald. Pionek questioned whether shopping complex has an obligation regarding the lighting. Chairman Patterson requested Supt. Loughney to obtain annual cost to operate on light. Ald. Pionek moved to direct Supt. Loughney to attempt to negotiate cost sharing with owners of commercial site and to give the Mayor authorization to purchase light poles with monies to be approved through Finance Committee action. Seconded by Chairman Patterson, motion carried 2-0. Ald. Pionek moved to adjourn at 10:30 P.M. Seconded by Chairman Patterson, motion carried 2-0. Respectfully submitted, Chuck Dykstra, Sr. Building Inspection Director . Recording Secretary /ca • SIGN —IN SHEET FOR CITY MEETINGS PLEASE PRINT YOUR NAME AND AGENDA ITEM BELOW. THANK YOU. lots* • Date: ITEM