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PUBLIC PROTECTION COMMITTEE
Monday, June 11, 2001 - 6:00 P. M.
City Water Department - 300 Bliss Avenue


Present: Chairman Phillips, Alderpersons Sevenich, Sowieja

Excused: Aldpersons Seiser, Walther

Also Present: Mayor Wescott, City Attorney Molepske, Comptroller-Treasurer Schlice, Clerk Zdroik, Directors Disher, Gardner, Schrader, Van Alstine; Alderpersons Filipiak, Barr, Rackow, Molski, Nealis, Moore; Police Captain Dowling, Mayoral Assistant Marciniak, Paul Chronis (Journal), Gene Kemmeter (Portage County Gazette), Scott Krueger (WIZD)

1. License list.

Ald. Sevenich moved, Ald. Sowieja seconded, for approval of the new operator’s/bartender’s (provisional) license, renewal operator’s/bartender’s license, manager’s license, except the recommended rejection of operator license application and change of agent.

Ayes, all; nays, none. Motion carried.

Recommended Rejection

Jaime Lynn Liebe - did not appear.

Ald. Sowieja moved, Ald. Sevenich seconded, to deny the application for operator’s/bartender’s license for Jaime Lynn Liebe.

Ayes, all; nays, none. Motion carried.

2. Request to prohibit the use of engine brakes in the City of Stevens Point.

This request was made by a former alderperson. It was placed in the April 9, 2001, Public Protection ion but was pulled from the agenda.

Police Captain Dowling said the State was contacted when this item first came up. The State considered the engine brakes to be a useful safety device and they recommend against prohibiting their use. The Police Department concurs with that, the Captain said.

Captain Dowling stated should the Common Council determine that the City should adopt an ordinance prohibiting the use of engine brakes, the Police Department will do its best to enforce it. However, he said the law will be very difficult to enforce.

The Police Department surveyed fourteen communities that have ordinances prohibiting the use of engine brakes and found that these communities issued a total of two citations. The only positive thing about adopting the ordinance is that when signs are put in place, there will be fewer complaints.

City Attorney Molepske said if a truck traveling on a truck route decides to use the engine brakes on a non-emergency situation, the driver will be subject to fines and forfeitures.

Prohibiting the use of engine brakes is enforceable. Obviously, the Police Department will not put a police officer on every corner waiting for someone to come by. The word gets around pretty quick, the City Attorney said.

The City Attorney agrees with the Police Captain. It is difficult to enforce but it is enforceable. When someone calls in reporting that a truck drove by and was observed using the engine brakes and an officer of the law observed that, then that driver has a problem.

Ald. Molski stated she received a call from a gentleman who lives across from the airport who is also a truck driver. The truck driver reported that trucks coming in on Highway 66 are terrible about using the engine brakes. The truck drivers put the brakes on when they are by the airport and it can be heard all the way to Green Avenue. The caller went on to say that using the engine brakes is not necessary. He said most of the cities that have signs seem to keep some of the truck drivers from using the engine brakes.

Ald. Rackow asked if the information from Captain Dowling included whether the communities that do have the law have a reduced incidence of using the engine brakes.

Captain Dowling said the communities who have the law had the number of complaints reduced
but he does not know if there is less usage. The frequency of usage must be less because there are fewer complaints received.

Reid Rocheleau, a Village of Whiting resident, concurs with Ald. Molski and Captain Dowling.
He feels engine brakes are safety issues in the mountains but not in the City.

Ald. Nealis reported he received a letter from a citizen living on Clark Street. The resident feels engine brakes are noisy and disturbing.

Ald. Walther, a member of the Public Protection Committee, who has been excused from the meeting called the City Clerk’s office this afternoon. The alderman would like to go on record that he is in favor of adopting an ordinance prohibiting the use of engine brakes.

Ald. Filipiak said he is also in favor of adopting an ordinance prohibiting the use of engine brakes.
The alderman feels adopting the ordinance will reduce some of the tension the property owners feel on main streets.

Ald. Sowieja asked what the cost for signage would be if we adopt the ordinance.

Chairman Phillips said he has no idea. This would be under Public Works Director Van Alstine.

City Attorney Molepske said signage will have to be put up on Highway P, Highway HH, Highway 51 North and South, Highway 10 East and West, and Highway 66.

Ald. Sowieja moved, Ald. Sevenich seconded, to approve the recommendation to prohibit the use of
engine brakes in the City.

Ayes, all; nays, none. Motion carried.

3. Inspection Report.

Ald. Sevenich moved, Ald. Phillips seconded, to accept the May 2001 Inspection Report and place it on file.

Ayes, all; nays, none. Motion carried.

4. Adjournment - 6:15 P.M.

The meeting minutes reproduced on this website are derived from the computer files used to produce the official minutes for the City of Stevens Point, but are unofficial. The minutes on this web site cannot be certified under s. 889.08, Wis. Stats., and cannot be considered prima facie evidence under s. 889.04, Wis. Stats. Certain tables, maps, and other documents that are a part of the official minutes are not included in the files reproduced on this website. Please consult the printed minutes, available in the City Clerk's Office, for the official text. The decisions made by City of Stevens Point boards, committees, and commissions (other than the Police & Fire Commission) are advisory only and are not binding on the city until affirmed at a meeting of the Common Council. Some of the minutes on this web site might not be approved by the Common Council as of today.

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