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 REGULAR COMMON COUNCIL MEETING HELD AT 5:30 P.M., TUESDAY, SEPTEMBER 3, 2002, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR JEFF SPEAKER Presiding

ALDERMEN PRESENT: Thomas Schellinger, Steven Ponto, Kari Clappier, Gary Mahkorn, Brad Steinke, Jack Shaw, Mike Franz, Scott Berg, Jerry Wolff, Richard Brunner, Karl Schulz, Jim Garvens, Jim Heinrich, Cindy Kilkenny

ALDERMEN ABSENT & EXCUSED: Brad Steinke

ALSO PRESENT: City Attorney Sue Schalig, City Clerk Kris Schmidt, Director of Public Works Tom Grisa, Director of Community Development Dan Ertl, Director of Human Resources Jim Zwerlein, Police Chief Dan Tushaus, Chief of Staff Dan Waffenschmidt, City Engineer Jeff Chase, Attorney Korom

Mayor Jeff Speaker called the meeting of the Common Council to order at approximately 5:30 p.m.

Alderman Cindy Kilkenny led the Council in the Pledge of Allegiance to the American Flag.

COUNCIL AS A WHOLE

Alderman Schulz moved for reconsideration of the vote approving a Certified Survey Map for Woodberry Court subdivision (owner is Grand Homes of Brookfield, Inc.). The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Schulz moved to deny the Woodberry Court Certified Survey Map without prejudice, with instructions to staff to work expeditiously with the applicant to resolve the problems and to present a new C.S.M. within 45 days beginning August 30th or as close as schedules permit. The motion was seconded by Alderman Brunner and carried unanimously.

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)(c) Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility, (Discussion and possible action on a Resolution approving a Separation Agreement between the City of Brookfield and Police Captain Douglas Turner); and

Alderman Ponto moved to convene into Closed Session under Section 19.85(1)(c). The motion was seconded by Alderman Heinrich and carried unanimously. Recorded as a roll call. 5:35 p.m.

The following were present during the closed session: City Clerk, City Attorney, Director of Public Works, Director of Human Resources, Police Chief Dan Tushaus, City Engineer Jeff Chase, Chief of Staff Dan Waffenschmidt, and Director of Community Development.

Alderman Ponto moved to reconvene into Open Session under Section 19.85(2) Wisconsin Statutes. The motion was seconded by Alderman Shaw and carried unanimously. Recorded as a roll call. 6:05 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 Ponto moved approval of the Resolution approving a Separation Agreement between the City of Brookfield and Police Captain Douglas Turner. The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 6960*

Alderman Ponto moved to adjourn. The motion was seconded by Alderman Shaw and carried unanimously. 6:12 p.m. 9863

REGULAR COMMON COUNCIL PAGE 9863 SEPTEMBER 3, 2002