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 COMMON COUNCIL MEETING OF THE 26^TH COMMON COUNCIL, HELD AT 7:00 P.M., TUESDAY, JANUARY 3, 2006, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR JEFF SPEAKER PRESIDING

ALDERMEN PRESENT: Scott Berg, Thomas Schellinger, Gary Mahkorn, Steve Ponto, Dan Sutton, Rick Owen, Mike Franz, Christopher Blackburn, Cindy Kilkenny, Mark Nelson, James Garvens, Ron Balzer, Richard Brunner

ALDERMEN ABSENT & EXCUSED: Jim Heinrich

ALSO PRESENT: City Attorney Vince Moschella, Director of Administration Dean Marquardt, City Clerk Kristine Schmidt, Director of Community Development Dan Ertl, Director of Public Works Tom Grisa, Director of Human Resources Jim Zwerlein, Director of Finance Robert Scott, Director of Information Technology Kevin Beck

Mayor Jeff Speaker called the Common Council to order at approximately 7:00 p.m.

The next Common Council meeting will be January 17, 2006.

No one spoke from the audience during the 15 minute segment set aside for citizens to address the Council.

Alderman Rick Owen led the Common Council in the Pledge of Allegiance to the American Flag.

Aldermen Sutton moved approval of the items on the Consent Agenda with the corrections noted to the Common Council minutes of December 20, 2005 pertaining to correcting and clarifying votes to Items #25 and #26. The motion was seconded by Alderman Brunner and carried unanimously. Recorded as a roll call.

1) Minutes from the Regular Common Council meeting of December 20, 2005, with corrections as noted to Items #25 and #26.

2) Original Bartender Licenses: Kelly L. Morgan, Jonathan M. Perdue.

3) Original Class C Wine License: Pinto's LLC, d/b/a Pinto's Mexican Grill, 2205 N. Calhoun Rd., Agent- Joshua A. Valentine.

4) Mayor's Reappointments to the Economic Development Committee:

a. Joan Jenstead – Three year term expiring January 2, 2009.

b. Scott Oleson – Three year term expiring January 2, 2009.

c. Brian Shecterle – Three year term expiring January 2, 2009

5) No items were removed from the Consent Agenda.

7) Alderman Berg moved Item #7, Legislative Referrals, out of order. The motion was seconded by Alderman Schellinger and carried unanimously. There were no referrals.

6) In continuing actions of the Council, pursuant to 19.85(1) of the Wisconsin Statutes, 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; 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. (Discussion of strategy with the City Attorney about pending and possible litigation with the Town of Brookfield including Ravenswood lawsuit, the Town's Bluemound Sewer claim, and the Capitol Drive annexation petition, the Town's special assessment, and related City-Town issues.)

Alderman Ponto moved to convene into Closed Session under Section 19.85(1)(e) and (g). The motion was seconded by Alderman Sutton and carried unanimously. Recorded as a roll call. 7:05 p.m.

Present during closed session were as follows: City Clerk, City Attorney, Director of Public Works, Director of Administration, Director of Human Resources, Director of Information Technology, and Director of Finance.

Alderman Sutton moved to reconvene into Open Session under Section 19.85(2) Wisconsin Statutes. The motion was seconded by Alderman Ponto and carried unanimously. Recorded as a roll call. 9:10 p.m.

8) Alderman Ponto moved to adjourn the meeting. The motion was seconded by Alderman

Kilkenny and carried unanimously. 9:10 p.m.

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Kristine A. Schmidt, City Clerk

* May be viewed in the City Clerk’s Office.