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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 0 • 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 0 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 1:,.,.my'b'Cn'.'mndliren,inVrnu,L027) • _ SIGN -IN SHEET FOR CITY MEETINGS PLEASE PRINT YOUR NAME AND AGENDA ITEM BELOW. THANK YOU. 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