PSCM19970303• PUBLIC SERVICES COMMITTEE - CITY OF MUSKEGO
MINUTES OF MEETING HELD MONDAY, MARCH 3, 1997
The meeting was called to order at TOOPM by Chairman Patterson. Present were Aldermen
Don Pionek and Patterson. Absent was Alderman Rasmussen. Also present were Mayor
DeAngelis, DPW Director John Loughney, Building Inspection Director Chuck Dykstra, and
Chief John Johnson, along with the individuals on the attached sign up sheet.
UNFINISHED BUSINESS:
Building Inspection Director Dykstra reported on status of condemnations and citations issued
by his department per attached memo to the committee.
Continued discussion on electrical code revision. The committee decided that since the entire
committee was not present that they would defer to the April meeting the discussion on the
revised electrical code. Alderman Pionek made a motion which was seconded by Alderman
Patterson to defer until the April meeting. Two in favor, none opposed.
The committee discussed with Superintendent John Loughney certain timely items that should
be communicated with the general public. It was determined that it was too late to get into the
. city spring newsletter, Superintendent John Loughney was asked to pursue other avenues of
communications of which an example would be Channel 7 notices for spring clean-up and other
refuse issues.
The status of cable tv was discussed with Gary Owens of Wamer Cable. Issues discussed were
present and future cable service in the City. The committee discussed the sharing of Channel 15
with the Village of Big Bend per attached letter from Warner Cable. The channel sharing would
be shared with Muskego/Norway School District as an educational channel. Alderman Don
Pionek was concerned that advertising on Channel 15 would be lost when the channel was
utilized for educational programs by the Muskego/Norway School District. He stated
constituents used community advertising on Channel 15. He thought that if possible the channel
could be shared to include some community advertising. Mayor DeAngelis stated that several
aldermen were concerned that the City made it clear to Warner a year ago that their contract
with Warner provided another public service channel and that Warner was slow in responding to
the request and in the mean time was making money through advertising on that channel. Mr.
Owens stated that when the City negotiates and receives the upgraded system, three channels
will be provided the City for community programming. The committee also questioned Mr.
Owens regarding channels that were added by Warner over the last few years and if the City
should have received one of those rather than Channel 15. Mr. Owens believed that they were
just playing musical channels, adding and subtracting programming and an additional channel
was never freed up. Mr Owens stated that Channel 15, in its present form, could be operated
by March 15th by the Muskego/Norway School District but the cabling is only completed to the
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• PUBLIC SERVICES COMMITTEE - CITY OF MUSKEGO
MARCH 3, 1997 - PAGE 2
Muskego High School. The cabling needed to use the system from the Administration Building
will have to wait until the frost is out of the ground sometime in April before Warner would be
able to wire the Administration Building so that public meetings could be aired from that facility.
Alderman Pionek also was concerned regarding who would supervise Channel 15 since the City
owns the right to Channel 15. Mayor DeAngelis thought that we have two basic choices, one to
reserve control of the station and accept the liability with certain rules, or to give the
Muskego/Norway School District complete oversight of the channel and then they would accept
the responsibility and liability. He indicated that a written agreement with the school district, if
that were the decision, would be appropriate. The committee was also concerned that Big Bend
must be in agreement to air their programming at certain times so not to conflict with
Muskego/Norway programming and that agreement to certain times be in writing and negotiated
through Warner Cable. Mr Owens agreed to pursue that. The Mayor also asked Mr. Owens to
check on the legality of advertising on the same channel that is used for public access and if that
would be in conflict with any provisions under the federal code regarding cable channels.
Alderman Pionek made a motion to instruct the City Attorney to draft an agreement with
the Muskego/Norway School District on the use of Channel 15. The committee thought the
agreement should include a provision that the school district accept total responsibility and any
liability in the operation of the channel. The motion passed 2-0 with Aldermen Pionek and
• Patterson voting in favor.
The committee discussed with Mr. Owens the Muskego franchise financial report that Mr.
Owens made available to the committee. The committee also asked Mr. Owens to check and
determine if the basic tier programming could be purchased without the standard tier and report
back to the committee.
Policies and rules of the cable club were discussed with members of the cable club being in
attendance. The committee decided to defer additional discussion to the April meeting when the
entire committee could be present.
There is nothing new to report on the status of landfill agreements.
PRP status of the East Troy Landfill was discussed with the Mayor suggesting that this be
removed from future agendas due to no correspondence and information regarding this issue has
been sent to the City for the past six months or so.
Further discussion on proposed amendments to the fireworks ordinance followed. The
committee discussed the sale of fireworks and it was determined that the sale of fireworks in the
City would remain as it currently is. The committee also discussed Chapter 9.03(3)(D) and
decided to change that language to read the following:
• PUBLIC SERVICES COMMITTEE - CITY OF MUSKEGO
MARCH 3, 1997 - PAGE 3
9.03(3)(D) - Only the permit holder or designee may discharge fireworks.
The committee also decided to remove the new Section G which states:
9.03(3)(G) - Use of any fireworks in the City by permit will be supervised by an adult over
the age of 18 years of age.
The committee felt that the change in 9.03(D) and adding the word "designee" would eliminate
the need for the new Section G. Alderman Pionek's motion to change Chapter 9.03 as indicated
passed 2-0 with Aldermen Pionek and Patterson voting in favor,
NEW BUSINESS:
Chief Johnson was present and discussed the proposed change to Chapter 9.001, our adoption
of certain state statutes. He indicated that Chapter 161 of the Wisconsin Statutes was
renumbered and placed into Chapter 961 It was his recommendation that our ordinance reflect
this change so as not to confuse the citizens and officers who are reading our ordinance so they
have correct statute numbers. Therefore, he asked that Chapter 9.001 be renumbered to include
the adoption of 961.41(3), 961.573, 961.574, and 961.575, replacing the corresponding old
numbers of Chapter 161 Alderman Pionek made a motion to approve, seconded by Alderman
Patterson, motion passed 2-0, Aldermen Pionek and Patterson voting in favor
• The meeting adjourned at 9:15PM with Alderman Pionek making the motion and Patterson
seconding the motion to adjourn. Passed 2-0.
Respectfully Submitted,
ief John son
Recording Secretary
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REPORT BY CHUCK DYKSTRA, SR.
TO THE PUBLIC SERVICES COMMITTEE
• March, 1997
CTTATTnNS
Meadow Green #3 - Gregory, Gloria, Gary and Pam Boehm
#244513 Performing land disturbing activities without
permit. Trial scheduled in Waukesha Circuit
Court for January 3, 1997.
Waukesha Circuit Court (1-3-97), resulted in
$10,000 forfeiture and 2 year probation period.
Stipulation: $5000 due on or before May 3, 19917.
Balance in 8 equal installments commencing on June
3, 1997 and continuing until January 3, 1998.
No change.
W188 58276 Mercury Dr. - Dale Kreil DBA/Country Lakes Marine
#244520 & Performing construction alterations without a
255624 permit and performing alterations to plumbing
without a permit. City appealing decision on
plumbing citation to Circuit Court and Kreil
appealing guilty verdict on construction citation.
Parties have stipulated to consolidate these two
cases and one Plan Dept. case into one court. Jury
trial scheduled December 17th. City filed motion
with court for an injunction to stop Kreil from
• doing business until site is in compliance. Judge
Mawdsley allowing 30 day extensions providing
progress realized each 30 days. Attorney Trindl
attempting to get hearing with Judge Mawdsley
prior to December 17th trial to revisit injunction
possibilities, since last deadline missed.
December 17th trial rescheduled to January 7,
1997, and bumped to April 29, 1997. Injunction
hearing tentatively scheduled for January 13,
1997. Judge Mawdsley on 1-13-97 required Kreil to
reappear in court on February 24, 1997 and report
progress made in addressing code violations.
Continuing progress required.
Kreil's architect submitted plans and permit
application within allotted time - issue to be
revisited in 30 days by Judge Mawdsley.
W151 S10282 Thode Dr. - Robert Haffner
#244523 Performing land disturbing activities without a
valid permit. $999.88 citation paid 10-10-95
to County Court Judge stayed $10,172.12 balance.
City appealing Judge's ability to stay forfeiture.
DNR permit approved, local permit issued February
29, 1996. Forfeiture issue not yet resolved by
Court. Judge Murphy (Circuit Court) sent matter
back to Judge Lenz; Judge Murphy ruled case not
. yet ripe for appeal. Scheduled to be heard in
Muskego Court September 7, 1996. Parties could
not agree on forfeiture matter set for trial
October 5, 1996.Payment forwarded from County
received 9-17-96 999.88 Adjourned from October 5th
due to DNR staff schedule conflict, new date
December 14, 1996. 12/14/96 trial, Judge Lenz
upheld prior decision and maintained original
forfeiture of $11,172. Haffner appealed decision
' January 3, 1997. Pretrial at county not yet
scheduled. Judge Lenz required $1,000 bond be
• posted during appeal process.
No change.
W179 56942 Elm Drive - Steven Weiner
M244538 Installed electrical equipment without obtaining
permit. Initial appearance September 7, 1996.
Found guilty by default, $98.80 forfeiture due.
To date, not paid. Compliance still not achieved,
further action required in order to obtain
compliance. Drivers license to be suspended for
non payment. New citation to be issued. No change
waiting confirmation of correct address.
5107 W17687 Muskego Dam - Wind Lake Management District
M244539 Commenced and continued lake disturbing activities
prior to paying required fees and receiving
permit. Attorney Jeff Krill retained to represent
District, no compliance to date. Initial
appearance December 14, 1996, plead not guilty.
Scheduled for preliminary conference 1-22-97.
Scheduled for pretrial conference 2-26-97.
Adjourned to March 26th to allow for further
negotiations.
W190 57602 Richdorf Drive - Daniel Serdyn
• M244540 Failure to make required corrections to
deteriorated roof structure. Scheduled for
initial appearance January 8, 1997. Pretrial
scheduled 2-26-97.
Trial in June.
TXTCITY/COUNCIL
SAFETY
ON
0
• ~NER CABLE
COMMUNICATIONS
Daniel Gabler
Public Affairs Manager
•
•
VIA FACSIMILE AND U. S. MAIL
(414) 679-5630
March 3, 1997
David DeAngelis
Mayor
City of Muskego
W 182 S8200 Racine Avenue
Muskego, WI 53150
Ald. Patrick Patterson
Chairman, Public Service Committee
City of Muskego
W 182 S8200 Racine Avenue
Muskego, WI 53150
Dear Mr. Mayor and Ald. Patterson:
1610 N 2nd Street
Milwaukee, WI 53212.3980
414-277-4000
Fax: 414.224.6155
It is Warner Cable's understanding that the City of Muskego is seeking the use of the
Educational Access Channel, as provided in Section (7) (b) 4 of the City's Cable Television
Ordinance. In order to fulfill this request. Warner Cable would be required to substitute the
Educational Access Channel for an existing channel on the cable channel line-up. However,
since the removal of an existing channel would cause concern among cable viewers in the City
and because Warner Cable is about to upgrade the City's cable system to provide more channel
capacity, the City is requesting Warner Cable to make arrangements to share the programming of
local access Channel 15 with the Village of Big Bend. As a result of warner Cable's
investigation of the City's request, we want to make the City aware of the logistics of the channel
sharing.
As you know, all of the cable channels that are viewed by City residents, including local
access Channel 15, are distributed by our headend facilities located in the City of Muskego. In
addition to the City of Muskego, the Town of Vernon. Village of Big Bend. Town of Norway and
the Town of Waterford are also served by the Muskego headend- All five of these communities
view the same programming, including Channel 15 programming.
You also know that to date, the Village of Big Bend was the only community that was
using Channel 15 for video programming. 'When Big Bend was not cablecasting its
programming, Warner Cable was airing community bulletin board messages and classified
I:r.,.Lir.nteaTrandl.: ivim'mv.M: T.
A Oivlalan of Time Werner Entertalnm"t Oomoany, L.P.
advertisements through a character generating machine located at the Muskego headend. You
should note that the cablecasting of the community bulletin board messages and classified •
advertisements is not mandated by the Muskego -Warner Cable cable television franchise. This
was a practice that was instituted by Warner Cable's predecessor. Ingersoll Cable, and Warner
Cable merely continued the custom.
Therefore, as a result of the shared use of Channel 15. Warner Cable will no longer be
airing any community bulletin board messages or classified advertisements on any cable channel
distributed from the Muskego headend. The programming of Channel 15 will be the joint
responsibility of Muskego and Big Bend.
At present, we can provide the City with virtually immediate access to Channel 15 for
programming purposes from the Muskego High School. This can be accomplished by the fact
that we have active forward and reverse (or return) cable lines that tun to and from the High
School and the Muskego headend. We do not have any cable lines that run to and from the
School District Administration Building and the headend.
If the City wants to originate educational programming on local access Channel 15 from
the School District Administration Building, we will be happy to construct such cable lines.
However, we are unable to complete the construction of those lines at this time due to frozen soil
conditions. If we attempted to bore in and through the Administration Building parking lot at
this time, we run the risk of causing significant damage to the surface of the lot. Therefore, we
will be glad to accommodate the City's request, if it so chooses to originate programming from
the School District Administration Building, by installing forward and reverse (or return) cable •
lines to Administration Building in early Summer.
We look forward to beginning the cable franchise renewal process with Muskego. We
anticipate that the new, non-exclusive, cable franchise agreement could be signed before the end
of the year. If this happens, Muskego will be placed on the fiber optic upgrade construction
schedule for early 1998. This upgrade will result in an improved picture quality, greater system
reliability with fewer outages and most importantly, the system upgrade will increase the Cites
channel capacity and afford the City three of its very own channels one each for governmental
educational and public access programming. Therefore, the shared use of Channel 15 is only a
short term arrangement.
We will gladly answer any of the City's questions at the March 3, 1997 Public Service
Committee hearing.
Sincerely,
Daniell. b Jr
C. Bev Greenberg, V. P. Government/Community Relations - Warner Cable •
Gary Owens, Director of Operations - Warner Cable
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