Present: Mayor Ed McAleer, Ald. Bud Mathey, Ald. Phil Schuman, Ald. Paul Craig, Ald. Rick Lieblang, Ald. Linda Quartaro, Ald. James Romanowski, City Admin. Matt Carlson, Clerk Marilyn Czubkowski

Absent: Ald. Kathy Aldridge

Meeting was called to order by Mayor Ed McAleer at 7:00 p.m.

Pledge of Allegiance.

1. Approve Minutes of August 7, 2000.

    MOTION TO APPROVE THE MINUTES OF AUGUST 7, 2000.  (MANTHEY/SCHUMAN)  CARRIED.

2. Citizen’s comments pertaining to items on the agenda.

Citizens speaking to municipal water issue, i.e., definition of “downtown,” voluntary hookup, public opinion, more information, radium, expense, referendum:

Audrey Kellner, 1116 W. Devonshire Road
-For water purposes, downtown is defined incorrectly.  St. John's Military Academy, St. John's neighborhood, post office
- Should not include residential areas like it does now
- Consider bond issue to be paid for by all resident, not just "downtown" as defined by water plan
- We shouldn't require capping wells
- We shouldn't require mandatory hookup
- Radium
- Costs are outrageous
- Why doesn't system go down bike path

Lynne Reich, 484 Garrison Court
- Council doesn't have all the facts
- Financials presented after the fact
- What is hook-up charge?
- Sewer bills going down?  Valley Road didn't have to hook up
- Comments unacceptable from Phil Schumann
- Doesn't understand why downtown wants water - she hasn't heard people who want it
- Benefit Bob Lang only
- Get input before the vote
- Hold a referendum

Tom Eisenhut, 310 Genesee Street
- Quantity, quality, fire protection
- His well is 80 feet.  Clean water, good quality, extra quantity
- 8/10 Reporter comments were out of line.  Other community hook-up charges?
- Referendum

Martin Porlibcan, 1525 3rd Street
- Referendum
- Have more meetings on the water system

Tom Hasler, 1208 Bayshore Lane
- Referendum
- Excellent well
- Bill will rise over time
- Should be voluntary, not mandatory

Lancy Grady, 1118 Bayshore Lane
- Citizens should vote on this expense
- Can't impose this cost on residents.  They deserve a vote
- Commercial businesses are being served.  Give an example of where it would benefit
- No manadatory hook-up

Jim Buege, 1342 Milwaukee Street
- 457 residents signed petition
- 8/7/00 action does not stand "not a sufficient basis to proceed"
- He was part of the sewer system discussions - he was on the Plan Commission at the time
- No discernible effort made to get input
- "We're all in it together"- they shouldn't carry the burden for everybody else
- Lack of public participation - no time or inclination to attend.  457 residents say you didn't
- Hold referendum after complete

Jim Boelter, 2210 Milwaukee Street
- Well is 541 feet deep - spent money on well, he's opposed to plan

Ralph Magnus, 1115 Milwaukee Street
- $24 million is a lot of money - no trust
- Lack of respect/quality of feeling to have for the people in the community
- Mayor's Response - Broadcast capability not available elsewhere

Ray Heim, 1303 Main Street
- Why mandatory hook-up - whole city should pay
- When will that be?  When would hook-up occur?
- Referendum - city wide should pay

Mark Weber, 2534 Grove Court
- What are trigger points to expand system beyond downtown?
- Haven't heard documentation on well contamination
- No need for city water is his subdivision
- Doesn't see value in the system
- Referendum should be required
- Talk to people before you make these kinds of decisions

Chris Hinrichs, 1404 Milwaukee Street
- Well is fine
- Service company could get broadcasting done for not a lot of money

Bob Anderson, 1527 Milwaukee Street
- No notice of meetings/information
- What happened to TIF funds?  We thought this was just going to be the route
- Lack of citizen input
- Recommend to rescind the action on 8/7/00.  Allow citizens to get answers, then hold referendum

Colleen Costigan-Seaman
- Water issue has been downtown was to have water
- City never asked downtown businesses if they wanted water
- Handed out 1994 survey (Lois Jensen survey)
- "Majority rules" business people don't want water
- City Attorney letter (fax'd to Chapman from lois)
- TID created for Lang
- Mandatory hook-up - they want voluntary hook-up
- Presented petition
- Spend more money out of TIF - avoid mandatory hook-up

Val Gottshalk, Milwaukee Street
- Majority does not want the system
- Developers will come in and completely change the community
- 10% of citizens will pay the cost
- Hartland - Wally Thiel - supplying water "hasn't gotten to his desk"
- Hartland has an over-abundance of water
- The charazterization of her comments with  John Isleb
- Spent $10,000 on a well recently
- Better way to communicate (upgrade web)

Dan Costigan, 1547 Milwaukee Street
- No one has asked him if he wants water
- 22 businessmen downtown - they don't want it
- "Do what the majority wants" - they don't want water

Sharon Costigan, 1547 Milwaukee Street
- Businesses don't want it. Nobody asked them if they want it
- They don't want radium water
- They need a referendum.

Chris Anderson, 1527 Milwaukee Street
- Very surprised by the way things are being done
- We need public hearings on the issue.  This is more important than cats.
- They didn't come to meetings,  they didn't know about it.
- They (Council) doesn't know what they voted on
- Give us the facts!  Dillution of pollution is not the solution
- Do you know what is in your water
- They don't have information
- Give them a referendum
- Put everything on hold

Jim Zahorik, 1948 West Shore Drive
- Study prepared with input from meetings
- Presented after August 7th meeting
- 457 signatures of people who want voluntary hook-up
- Other petition
- oppose expansion of water system, 291 signatures of people in 6th district and 7th district
- Brand new wells, people were appalled
- 66.065 legislation - requirement for referendum
- Proceeding to the State Attorney General to interpret requirement
- Water system feasibility study summary
- Had correspondence from Tom Aul and Bob Lang indicating they want water
- You're disregarding these businesses that don't want it
- Sink a shallow well in downtown to serve smaller area

Matthew Anderson, 1527 Milwaukee Street
- Radium - gamma rays
- Half life of radium (distributing the radium)
- Learn from historical mistakes

Jeff Borkowski, 2930 Nagawicka
- works at KarTech - brought letter
- Cryptosporidium - dog got sick - everybody in family
- Forced to seal wells?  Then plan doesn't work
- "Building house on bad foundation"
- Investigate other sources of water

Linda Kuklinski, 2842 Nagawicka
- Basic philosoph of council - wrong apporach - listen to residetns
- Negative to majority of residents
- Community has excellent water

Karen Springer, 148 Woods Drive
- Change the map to show Woods Drive, not Road
- When it comes to this decision, nobody knew about it but you sure can find us when we send a bill

Tom Kelley, 2218 West Shore Drive
- Yes to water, but not the way it's structured now
- Water is hard - still have to soften water
- Projected cost is too much.  I can't avoid costs of softening the water
- Fire Inspection costs - they're "getting dollared to death"
- Real estate value has gone up - pricing out of market
- Council didn't consider full costs of system
- Need public hearings - back off - start over
- Not totally against it - he's marginal
- Culligan Mermaid - iron filter $900/year to treat the water - doesn't want to pay for worse water
- Guaranteed recalls - stop it now - greater input

Chrys Mursky, 724 Mill Street
- "Sewer wars" - she lived through it
- Not opposed generally, but concerned about other wells
- Takes exception to reasons (quality and quantity)
- Radium levels - concerned
- Lead levels
- Didn't reduce radium levels by digging another well
- If we dig a shallow well, we could dry up others

Fran Bills, 1522 Milwaukee Street
- Referendum - school expenditures, etc.  Go before referendum
- Well is fine
- City water is questionable quality

Nancy Radamacher, 200 Genesee Street
- Elderly residents - they are at top of what they can pay
- Well is fine
- They're trying to make investments in homes
- This is an expense that no one anticipated
- We need a referendum
- Nobody should have to worry about moving out

Dawn Popp, 1051 Main Street
- Ask the residents what they want
- No forced hook-up
- Community as a whole paid for system
- Still had the option in Brookfield.  Check out other options

John Platz, 703 Milwaukee Street
- Disappointed in how issued handled
- More consideration of residents
- Worked for Great Lakes Water - has concerns about radium
- Plume of landfill raises concerns
- Shallow well could be contaiminated also
- Fire Protection - we hold them in great esteem - has never been a problem before
- Need more communication

Pamela Butz
- Downtown is being railroaded into it, that means I can be railroaded
- Rescind decision and do a referendum

Michele Krause, 936 Main Street
- Went to meeting on Thursday
- Residential equivalent "units" isn't understood.  "9800 units" - that doesn't mean that we increase the number of housing units.
- "You don't have the right" to make this decision for me
- Give accurate information on the plume
- People are pulling permits now for construction and we're not telling people about it now
- Wasn't it just 6 months ago that we went through this lack of communication?

Tom Hennig, 318 N. Lapham Peak Road
- Something of this magnitude should have been on a referendum
- Should have know about it ahead of time

Ed Kramer, 810 Main Street
- The installed Reverse osmosis system is $900 plus $85/year for filters
- Cheaper to hook-up from city
- City water is guaranteed
- $1,200 for full house reverse osmosis - protects you from water contamination
- Do referendum

Clerk Marilyn Czubkowski received letters from the following residents regarding the water issue—copies distributed to Council:

Joyce Wessel

Hassan Karbassi
111 Enterprise Road (Business)

Bonita K. & Gerald J. Hintz
1016 W. Devonshire Rd.

Steven & Amanda Timm
1204 Milwaukee Street

3. Consent Agenda

a. Recommended Fire Inspection Fee Ordinance
b. Resolution for building and related permit fees
c. Contract for building inspector
d. Recommendation for bond counsel selection

MOTION TO APPROVE THE CONSENT AGENDA.  (SCHUMAN/MATHEY)  CARRIED.

4. Committee Reports

a. Licenses

Kristin Fischer, Marty’s Pizza, 2 year license, expiration 6/30/02

 MOTION TO APPROVE LICENSE.  (QUARTARO/CRAIG)  CARRIED.

b. Plan Commission/Romanowski.  Meeting—Wednesday, Aug. 30, 2000.
c. Lake Welfare Committee/Schuman.  Meet next month.
d. Park and Recreation Commission/Aldridge.
e. Public Works Committee/Romanowski.  Meet in two weeks.

Ald. Romanowski reported that some progress has been made in the bioxide treatment system for the sanitary lift station, getting assistance from Del-Hart in operating and testing the station and getting good test results.  A report should be received within the next few weeks.  After the report is received, a decision will be made to proceed or to try something else.  The year 2000 street program is nearly completed with the exception of Kemper near St. John’s.

f.  Del-Hart Commission/Mayor McAleer.

    1. Increase in Del-Hart Connection Charges

Mayor McAleer requested that no report be given regarding this matter because it is going to be reconsidered.

g. Recycling Committee/Mathey.  Ald. Mathey stated that channel  26 (Cable) has been giving the Committee some coverage regarding recycling.  Ald. Mathey requested some type of ordinance or signage regarding drop-off hours for trash.  People have been dropping off trash after hours.  Clerk Czubkowski stated there is an ordinance and enforcement of the ordinance will be pursued.

h. Police and Fire Commission/Mathey.  Ald. Mathey stated the Commission is in the process of hiring a fulltime police officer to fill the fulltime vacancy left by the unexpected resignation.  The new fulltime police officer will begin on or about October 1, 2000.

i. Cable TV Committee/Craig.

Time Warner sent a contact sheet, which was distributed.  Mayor McAleer suggests some type of refund for cable outage.  The City Attorney will be asked to draft something to that effect.

j.       Library Board/Craig.

A letter was sent to the library consultants.  Funding will be down the road—a more concrete picture will be needed before the funding issue.

5. Old Business.

a. Request to reconsider Council water policy regarding extension of the municipal water system.
City Adm. Carlson distributed a memo from the City Attorney regarding a water referendum.  There was reference made to a state statute that the City Attorney states does not apply to this case—it deals with public acquisitions of public water utilities.  The City Attorney states further that a referendum is not required to extend the water system.

Adm. Carlson presented a procedural issue on how things are reconsidered at the Council level.  The City Attorney’s direction to the Council is that motions that are to be reconsidered must be reconsidered the night in which the motion is made.  Looking further into the municipal code, although that’s true, we operate the meeting according to Roberts Rules of Order.  The City Council can vote by motion to waive the administrative rules and suspend those rules so that the discussion can be continued.  Ald. Craig stated that he wished to know the specific version of Roberts Rules covering this ruling.  Adm. Carlson will obtain the specific reference from the City Attorney for Ald. Craig.

MOTION TO SUSPEND ADMINISTRATION RULES.  (LIEBLANG/CRAIG.)  QUARTARO: NEY.  MOTION CARRIED.

MOTION TO RECONSIDER THE COUNCIL’S WATER POLICY REGARDING EXTENSION OF THE MUNICIPAL WATER SYSTEM AS VOTED ON AUGUST 7, 2000.  (LIEBLANG/CRAIG).  CARRIED.

Discussion.  Adm. Carlson stated there are three ways to pay for the water system:

1) quarterly water bills; 2) assessment/hook-up charges; and 3) tax increment financing revenue that will be generated for the next few years.  The issues that are being talked about are the issues that would be resolved as the Council moved forward with creating the assessment.  The question regarding how much the City would assess, that can be included as part of the discussion to create the special service area—all is related to the financing and funding of the water system and it gets played out as the special assessment is created.  The process for a special assessment is:  the Council considers a preliminary resolution; the City designs the system and obtains bids for the construction so the City knows how much money will be needed/spent; and then the Council adopts a final resolution which locks in the assessment.  Should the City look at some of the other alternatives mentioned at the meeting to soften the burden—the answer is yes, absolutely.  Adm. Carlson stated he needs that direction from the Council level.  Adm. Carlson stated the master plan and feasibility study was discussed and debated at the Council level in November of 1999, when the Council directed to pursue the master plan not just for the downtown but for the entire community.  Ald. Craig stated that optional v. mandatory hook-up needs to be discussed as well as the 1-year requirement.  Adm. Carlson stated the policy recommendation was not to require residents capping and filling of the wells.  Ald. Quartaro requested that letters be sent to all residents asking for public input.  Adm. Carlson stated it is not too late to get public input on the financial aspect and further stated that this would have been the next step in the process of the creation of the special assessment (public hearings), i.e., what is the City going to assess for—include transmission main plus the service lines, is mandatory hook-up required, is ten years going to be allowed for hook-up, these are all pieces of the special assessment puzzle that are defined as a special assessment is created.  Adm. Carlson stated that he had advised the Council that when the special assessment is created, the financial issues get defined.  Adm. Carlson will meet with Earth Tech, get a revised scope from them and bring it back to the Council so that it can approve an expansion of the scope to look at alternate services, and the scope revision will be consistent with the motion and the second that was made tonight and go about the work.  The Clerk will set a public informational meeting, possibly presentation time and time for people to drop-in.  This meeting may be held at a different location to accommodate the public.  The Mayor’s priority is that everyone can see the presentation and that it is cable accessible.

MOTION TO AMEND THE MOTION TO RECONSIDER TO REDEFINE THE DOWNTOWN AREA AND TO LOOK AT MANDATORY HOOK-UP, HOOK-UP OVER A LONGER PERIOD OF TIME, FINDING A DIFFERENT PRIMARY SOURCE RATHER THAN USING THE PRESENT WELL (THAT WILL NOT BE AFFECTED BY THE PLUME OR RADIUM) WITH THE WELL AT 94/83 AS A SECONDARY SOURCE, AND TO LOOK AT FINANCING FOR WATER LATERALS.  CARRIED.

THE COUNCIL VOTED ON THE ORIGINAL MOTION TO RECONSIDER.  CARRIED.

b. Towne Center Developer Agreement

Adm. Carlson stated that he has no new information regarding the agreement.  He provided the Council members with a draft of the agreement and requested that the Council inform him of any change in direction.  Adm. Carlson stated that they are trying to reach agreement on the developer agreement.  If they do not have it, Adm. Carlson has explored with the City Attorney with question—can the City award a construction contract and then special assess after the fact.  The answer from the City Attorney was yes.  Adm. Carlson stated that at the next Council meeting, a recommendation will be presented to the Council for the construction contract for Milwaukee Street extension, the Fish Hatchery back to the Council.

6. Mayor’s Report/None.

7. New Business.

a. Consideration of sand shed bids/Lieblang

Ald. Lieblang stated he talked to Superintendent Scaff and was told the present shed is in bad condition and that only one bid for the job was obtained.  The Mayor stated that he would prefer to put off this matter until next year because of the high building demand.  Superintendent Mike Scaff was present and stated that he is concerned with the present shed condition—may collapse.  Superintendent Scaaf stated he talked to the bidder and the bidder stated that he felt the cost would be higher next year.  The bid was higher than anticipated.  Superintendent Scaaf had talked to Pewaukee to ascertain an approximate cost of their shed.  Pewaukee gave him the cost estimate but failed to tell Superintendent Scaaf that Pewaukee did much of its own work.  Thus, the bid is $21,700 more than anticipated--$95,000 was budgeted for the project and $5,000 was spent to cover engineering.

MOTION TO SPEND THE ADDITIONAL $21,700 ON THE SAND SHED.  (LIEBLAND/QUARTARO)  CARRIED.

The additional money will be gotten from the Main Street and Genesee Street stoplight project, since the stoplight project will not be done this year.  The stoplight project will again be budgeted for next year.

8. Administrator’s Report/Carlson
No report.

9. Clerk’s  Report /Marilyn Czubkowski

a. Upcoming ENT series

Information was distributed regarding ENT series.  If anyone is interested in going or receiving materials, please let Clerk Czubkowski know.

b. Confirm date of next Council Meeting

The next Council meeting will be Tuesday, September 5, 2000.

c. Preliminary population estimate 1/1/00 —6,404

There is a process to challenge these figures.  Clerk Czubkowski respectfully requests the Council accept these figures until and if there were a challenge which would be 2001.

d. Insurance claim—Ms. Darnell’s case was settled

10.    Financial Report

a. Approve vouchers

MOTION TO APPROVE.  (QUARTARO/ROMANOWSKI)  CARRIED

11. Correspondence

a. Letter dated August 2, 2000 from Lorraine D. Mattmiller regarding cable disruption
b. Letter dated August 11, 2000 from Tom and Phyllis Eisenhut regarding cat ordinance
c. Letter dated August 11, 2000 from Eisenhut family regarding water hook-ups
d. Letter dated August 14, 2000 from James Stoffer regarding downtown water issue
e. Letter dated August 15, 2000 from John and Patricia Rauch regarding downtown water plan
f. Letter dated August 15, 2000 from Dr. Brad Singer regarding proposed extension of water
g. Memo dated August 17, 2000 from Gordon I. Pearson-VP, East Shore Home Owners Association regarding extension of the I-94/83 water.

12. Adjournment

MOTION TO ADJOURN.  (SCHUMAN/CRAIG)  CARRIED.

Meeting adjourned at 9:48 p.m.

Respectfully submitted,
Joann Dodge