Alderman Berg's personal commentary on the item, if any, appears in this typeface. Alderman Berg takes sole responsibility for the comments and they might not represent the official policy of the City of Brookfield or the opinions of other individual alderman.

THESE ARE THE MINUTES OF A SPECIAL COMMON COUNCIL MEETING HELD AT 4:00 P.M., THURSDAY, SEPTEMBER 28, 2000, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN. SOME ELECTED OFFICIALS ATTENDED IN PERSON AND SOME PARTICIPATED VIA TELEPHONE CONFERENCE CALL.

MAYOR KATHRYN BLOOMBERG IN THE CHAIR

ALDERMEN PRESENT: Howard Washechek, Karl Schulz, Gary Mahkorn, Michael Jakus, Richard Brunner, Steven Ponto-by conference call, Brad Steinke, Donald Bauer, Scott Berg, Kari Clappier

ALDERMEN EXCUSED OR ABSENT: Daniel Waffenschmidt, James Heinrich, Thomas Schellinger, James Garvens

ALSO PRESENT: City Attorney Sue Schalig, City Clerk Kris Schmidt, Director of Public Works Tom Grisa, Attorney Susan Marguet

Mayor Bloomberg called the meeting of the Common Council to order at approximately 4:00 p.m.

In continuing actions of the Council, pursuant to 19.85(1) of the Wis. Stats., after first convening in open session, the Mayor will explain the nature of the business proposed to be considered in closed session, and upon a motion duly made, seconded and adopted, meeting in Closed Session for the following purpose:

a. Under 19.85(1)(e) Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session. (Reconsideration of the Resolution authorizing the City to enter into an Extension of an Option Agreement between James Spinato {or as the owner's interest may appear} and the City of Brookfield for the property located at 16010 W. Bluemound Road, which was passed by the Common Council on September 19, 2000.); and

b. Under 19.85(1)(g) Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved. (Same as above.)

Alderman Jakus moved to convene into Closed Session under Section 19.85(1)(e) and (g) of the Wisconsin Statutes. The motion was seconded by Alderman Washechek and carried unanimously. Recorded as a roll call. 4:05 p.m.

Present during closed session were as follows: City Clerk, City Attorney, Director of Public Works and Attorney Susan Marguet.

Alderman Jakus moved to reconvene into Open Session under Section 19.85(2) Wisconsin Statues. The motion was seconded by Alderman Washechek and carried unanimously. Recorded as a roll call. 4:45 p.m.

Wisconsin state law 19.85 defines a very specific set of circumstances where an elected body such as a City Council can meet in private and not release the details of its discussion to the public.  The intent is to allow the council to set negotiating limits for land acquisition, union contract negotiations, litigation strategy, limits for lawsuit settlements and other similar tasks, without the public observing.  For example, if the city council decided it was willing to pay up to $100,000 to buy a piece of land to build a road, and the landowner had been thinking about selling for only $80,000 but then heard the higher limit just by sitting in the audience of an open session of the council, guess what price that landowner would demand?  In the long run, it's your tax money that gets spent, so you want the city to have some privacy in negotiations.  Any action actually requiring spending money, etc., as opposed to just setting a limit for a negotiation, may be informally agreed to during the closed session, but must then be stated and approved in open session.  That's why closed sessions are typically immediately followed by adjournment with no other actions or by an open session that authorizes spending the money.

Alderman Mahkorn moved to reconsider the Resolution authorizing the City to enter into an Extension of an Option Agreement between James Spinato (or as the owner's interest may appear) and the City of Brookfield for the property located at 16010 W. Bluemound Road, which was passed by the Common Council on September 19, 2000. The motion was seconded by Alderman Jakus and carried unanimously.

Alderman Mahkorn moved to not extend the Option Agreement. The motion was seconded by Alderman Bauer and carried unanimously.

Alderman Bauer moved to adjourn. Seconded by Alderman Berg and carried unanimously. 5:00 p.m.

Kristine A. Schmidt, City Clerk 9673

SPECIAL COMMON COUNCIL PAGE 9677 SEPTEMBER 28, 2000