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Council enters closed session on litigation, then approves agreement on Jacobs Ridge lift station

Common Council, City of New Berlin · April 14, 2026
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Summary

The council convened a closed session under Wisconsin statutes to receive legal advice on Carter v. City of New Berlin and to deliberate a negotiated agreement with the Spitzt family; after returning to open session the council approved an agreement related to Jacobs Ridge Lift Station reconstruction.

The Common Council moved into closed session to receive legal advice and deliberate negotiations before later approving an agreement related to Jacobs Ridge Lift Station reconstruction.

The clerk cited Wisconsin statutes authorizing closed session to consult with legal counsel about pending or likely litigation and to deliberate or negotiate the purchase of public property or investment of public funds. City attorney Mark Blum told the council a recent court of appeals decision requires the council to present the rationale for going into closed session on the record before taking the vote.

Blum described two items proposed for closed session: (1) an update and options on litigation titled Carter v. City of New Berlin, and (2) a negotiated agreement with Mr. and Mrs. Spitz concerning reconstruction of the Jacobs Ridge Lift Station. He said the closed session would allow the council to get legal advice and give direction on how to proceed. The motion to enter closed session passed unanimously at 6:30 p.m.

After returning to open session, Alderman Maxey moved to approve the agreement with Mr. and Mrs. Spitz related to the Jacobs Ridge Lift Station reconstruction; the motion was seconded and approved unanimously.

City attorney Mark Blum: "That requires that you present the rationale for going into closed session on the record publicly before you take your vote."