The meeting was called to order by President Wolfgram at 7:30 P.M.

Excused: Trustee Schilz, Schneider

Brian Neimor, representing Digital Access, discussed the proposed project. He discussed the capacity and speed of the proposed fiber optic system. He noted that Digital Access has been working with the Regional Telecommunications Commission, of which Brown Deer is a member. He discussed the construction process, noting that the equipment will be installed on existing poles, and no new poles will be installed. In other instances, the wiring will be buried where current wiring is buried.

Trustee Krueger asked if Digital Access will consider using Time Warner infrastructure. Mr. Neimor said that all new facilities must be installed in order to have the capacity for the bundled package. Trustee Krueger asked if a guaranteed time frame is available. Mr. Neimor said that the system will be built based on system needs, and noted that one hub site will be located behind the Sheraton Hotel. With a hub so near, Mr. Neimor estimated that Brown Deer residents will have access to this service option as early as April of 2001. Trustee Krueger asked about the marketing of the services, and questioned the level of customer service. Mr. Neimor said that the first point of customer contact will be a 24-hour telephone service for reporting service problems or orders. Technicians will be based out of their private residences to respond to needs promptly. Mr. Neimor said that Digital Access employees are already assessing the Village properties, and will likely begin pole work during the winter months, and underground work in the spring.

President Wolfgram expressed concerns regarding the amount of wiring that will be hung on poles. Mr. Neimor noted that their cabling will be blue in color to minimize the visual impact. Mr. Neimor said that if the other competitors, such as Ameritech and Time Warner, would be willing to locate underground, Digital Access would be willing to share in the costs of the project.

Trustee Kundinger asked about the provision of service to the schools. Mr. Neimor discussed the bandwidth that will be provided to the school district and local government in the Village.

Toni Markiewicz (8237 North 44th Street) asked if residents will be required to switch services. Mr. Neimor said that this would offer more options for customers to chose from, but they would not be required to switch services.

James Gormley, attorney with Foley and Lardner, asked to be heard during the IHOP agenda item.

John Fiorenza, attorney representing Bentley, requested to be heard during the IHOP agenda item.

Mr. Van Gompel reported that construction is continuing at the Library/High School detention basin, and excavation recently began on the major basin area. Village staff have been working with MMSD to make corrections to the Dean School and Churchill detention basins.

It was moved by Trustee Moranski and seconded by Trustee Nealy to approve the October 2, 2000 regular meeting minutes. The motion carried unanimously.

No action required.

B) Beautification - Village President Wolfgram

No action required.

Meeting was cancelled.

Trustee Nealy reported that changes to the truancy ordinance are recommended for the purpose of conforming with current State Statutes and enabling the Police Department to adequately enforce the ordinance. She added that Police Department staff have worked with the School District personnel to prepare the changes. The changes have been reviewed and approved by the Village Attorney and Municipal Judge.

No action required.

James Gormley, attorney representing IHOP, asked that the Village Board defer action on the recommendation from the Planning Commission. He noted that IHOP would like an opportunity to address the questions and concerns that were raised, and to cooperate with the Village and residents. He asked that the public hearing be reconvened and revisited by the Planning Commission.

Gil Rigs, representing IHOP, noted that this is an important project for IHOP. He noted that a long search for property sites has been completed. He proposed to hold meetings with the local citizens and businesses to mitigate the objections that were raised at the public hearing.

John Fiorenza, attorney representing the Bentley Company, noted that Mr. Bentley requests that this issue be deferred back to the Planning Commission. He noted that his client believes that the project can have a positive impact in the Village.

President Wolfgram noted that local residential and business property owners should meet with IHOP representatives to review the impact of the development. Mr. Fiorenza noted that local business contacts have already been made, and that private residents will also be contacted.

Trustee Krueger asked if Village staff has had an opportunity to research the fiber optic cable that runs along the property. Mr. Van Gompel noted that the Engineering Technician is currently researching the topic. Trustee Krueger questioned the aggressiveness that Mr. Bentley has taken to market the property. He questioned the cooperative spirit in having attorney’s present as opposed to the developers. Mr. Fiorenza noted that Mr. Bentley asked him to be here in order to work together with IHOP and the Village.

Trustee Kundinger questioned the status of the fiber optic issues on the property. He asked that this item be further considered by the Community Development Coordinator before proceeding with this project. He emphasized the letter from the Courtyard by Marriott in opposition to the project. He expressed concern that the questions were not answered when an opportunity was given.

Attorney Dineen noted that the Village Board may refer this item back to the Planning Commission to hear the new information that may be available. Trustee Nealy said that they should be given the opportunity to present any new information. Attorney Dineen noted that the developer may again be required to pay the fee for the scheduling of the public hearing.

It was moved by Trustee Kundinger and seconded by Trustee Krueger to approve the engagement of Virchow, Krause & Company, LLP to provide auditing services for the year ending December 31, 2000. The motion carried unanimously.

It was moved by Trustee Kundinger and seconded by Trustee Moranski to authorize the Village Manager to sign the Local/County Agreement for the North 43rd Street/North Teutonia Avenue Highway Improvement project. Mr. Van Gompel noted that the agreement, as presented, was included in the Village Board packets. The motion carried unanimously.

It was moved by Trustee Kundinger and seconded by Trustee Moranski to approve for payment Check Numbers 28303 to 28330, Check Numbers 28379 to 28473 and Check Numbers 30001 to 30041 in the amount of $286,795.30, and to ratify for payment invoices due on or before October 16, 2000, in the amount of $49,192.87, aggregating a total amount of $335,988.17. The motion carried unanimously.

Mr. Van Gompel discussed the budgeting schedule, and noted that the proposed budget will be included in the packets on October 27, 2000. Adoption would be considered on November 20th. He discussed potential budget workshop dates. He added that a special meeting could be scheduled for November 27th, or no later than December 4th. Budget workshop meetings were tentatively set for November 9th, 14th, and 16th, at 6:30 PM.

Mr. Van Gompel noted that Jim and Susan Liermann are present to answer questions regarding changes to the Bradley Road Inn. President Wolfgram noted that a lot of effort is being put into that area to make it a nice area for businesses. President Wolfgram questioned the operations of the restaurant. Mr. Liermann noted that lunch and dinner hours will be extended, with adjusted menus. President Wolfgram expressed concerns regarding the name change and the impact that the restaurant may have in the community. Mr. Liermann noted that there are no current crime problems on the property, and does not expect any to be created as a result of the proposed changes. President Wolfgram expressed concerns regarding the sign changes that were made prior to Building Board approval. Kim Starz-Nicholas, representing Jerry Starz - owner of the property, appeared in favor of the proposed restaurant change. Trustee Kundinger asked if the Village Board is expected to approve of the name change. Mr. Van Gompel said that the Village is not responsible for approving the establishment name. Trustee Kundinger expressed disappointment with the choice of name. Mr. Van Gompel noted that any change in the signage requires a permit and would be considered by the Building Board. Mr. Moranski expressed concerns regarding the current condition of the building.

Mr. Van Gompel discussed the proposal and the recommendation from Village Staff.

It was moved by Trustee Krueger and seconded by Trustee Nealy to grant a Cable Television Franchise Agreement to Digital Access Corporation of Wisconsin, Inc. Trustee Krueger asked if a development agreement will be entered into with Digital Access. Attorney Dineen noted that the revised ordinance details the agreement between both parties, and does not call for a development agreement. Trustee Krueger noted concern regarding provisions for completion of the project. The motion carried unanimously.

Attorney Dineen summarized the development agreement between the Village and NEVAC. He discussed the financing of the project and various financial implications of the development agreement. Trustee Krueger questioned the retailing of the space. Patrick Anderson, representing NEVAC, noted that parking lot improvements are under way and scheduled to be completed by this winter. He noted that a 30,000 sq. ft. data information business is currently considering the location and would bring 100 jobs to the area.

It was moved by Trustee Krueger and seconded by Trustee Kundinger to approve the Development Agreement with NEVAC, Inc. The motion carried unanimously.

Mr. Van Gompel reported that the carpeting is currently being replaced at the library, and the walls have been repainted. He said that the Personnel Committee is currently considering candidates for the Community Development Director position. Amy Betchner has resigned as the Court Clerk. An ad has been placed for that position. A letter has been received for a potential treatment foster home. The impact of the use has been considered by the Village Attorney, however there is nothing the Village can do to prevent it from locating in the Village.

It was moved by Trustee Kundinger and seconded by Trustee Nealy to adjourn at 9:59 P.M. The motion carried unanimously.

Russell Van Gompel, Village Manager