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 6:00 P.M., TUESDAY, FEBRUARY 25, 2002, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR BLOOMBERG Presiding in the Chair.

ALDERMEN PRESENT: Steven Ponto, Richard Brunner, Jim Garvens, Karl Schulz, Scott Berg, Kari Clappier, Gary Mahkorn, Jim Heinrich, Brad Steinke, Michael Jakus, Daniel Waffenschmidt

ALDERMEN ABSENT & EXCUSED: Don Bauer, Tom Schellinger, Howard Washechek

ALSO PRESENT: City Attorney Sue Schalig, City Clerk Kris Schmidt, Director of Finance Robert Scott, Police Chief Dan Tushaus

Mayor Bloomberg called the meeting of the Special Common Council to order at approximately 6:00 p.m.

ACTIONS OF THE COMMON COUNCIL

Alderman Jakus moved approval of the revised Lease and Management Agreement* between the Sharon Lynne Wilson Center for the Arts and the City of Brookfield. The motion was seconded by Alderman Berg and carried unanimously. Resolution No. 6869*

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)(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. {Item #3-Discussion and possible action on the pending litigation titled Susan Wilson v. City of Brookfield (and other municipal entities) and Item #4 -Discussion and possible action on the pending litigation titled Daniel J. Phillips v. City of Brookfield}.

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 Schulz moved to convene into Closed Session under Section 19.85(1)(g). The motion was seconded by Alderman Waffenschmidt and carried unanimously. Recorded as a roll call. 6:15p.m.

Present during closed session were as follows: City Clerk, City Attorney, Director of Finance, and the Police Chief.

The Council did not reconvene into Open Session. No action was taken.

For a description of the ultimate resolution of this matter, see:

MJS - July 2, 2002 - Woman gets $80,000 over Botched Muskego Drug Raid

Alderman Heinrich moved to adjourn. The motion was seconded by Alderman Waffenschmidt and carried unanimously. 7:20 p.m.

Kristine A. Schmidt, City Clerk

* May be viewed in the City Clerk's Office. 9810

REGULAR COMMON COUNCIL PAGE 9810 FEBRUARY 25, 2002