ADMINISTRATIVE REVIEW BOARD OF APPEALS

200 E. Wells Street City of Milwaukee Milwaukee, Wisconsin 53202 Meeting Minutes ADMINISTRATIVE REVIEW BOARD OF APPEALS VINCENT BOBOT, CHAIR Ald. Scott Spiker Bill Averill and Cecilia Gilbert Staff Assistant: Linda Elmer, 414-286-2231 Fax: 414-286-3456, lelmer@milwaukee.gov Legislative Liaison, Gunner Raasch, 414-286-3467, Gunner.Raasch@milwaukee.gov Thursday, November 3, 2022 9:00 AM City Hall, Room 301-B Amended 10/20/22 -- Item #6 (file 22194) was added. Meeting convened: 9:07 A.M. Present: 4 - Gilbert, Averill, Bobot, Spiker 1. 22161 Appeal of Muhammad Ayesh for dumpster enclosure requirement (4778 N 51st Blvd.)(7th Aldermanic District) Sponsors: THE CHAIR Deny, for non-appearance, by Mr. Averill and Ms. Gilbert. Reconsider, by Ald Spiker and seconded by Mr. Averill. A motion was made by Bill Averill, seconded by ALD. SPIKER, that this APPEAL be GRANTED. This motion PREVAILED by the following vote: Aye: 4- Gilbert, Averill, Bobot, and Spiker No: 0 2. 22180 Appeal of Jason Waters for dumpster enclosure requirement (2627 W State St.) (4th Aldermanic District) Sponsors: THE CHAIR Quorum Architects present on this item, but they are not the owner or an attorney. Hold to the call of the chair, by Mr. Averill. Seconded by Ald. Spiker. There were no objections. Applicant now present. A motion was made by Bill Averill, seconded by Cecilia Gilbert, that this APPEAL be GRANTED. This motion PREVAILED by the following vote: Aye: 4- Gilbert, Averill, Bobot, and Spiker No: 0 City of Milwaukee Page 1 ADMINISTRATIVE REVIEW BOARD Meeting Minutes November 3, 2022 OF APPEALS 3. 22187 Appeal of Paul Hoesly for dumpster enclosure requirement (3232 W Kilbourn Ave.) (4th Aldermanic District) Sponsors: THE CHAIR A motion was made by Bill Averill, seconded by Cecilia Gilbert, that this APPEAL be GRANTED. This motion PREVAILED by the following vote: Aye: 4- Gilbert, Averill, Bobot, and Spiker No: 0 4. 22188 Appeal of Daniel Kornaus for dumpster enclosure requirement (5372 N 37th St.) (1st Aldermanic District) Sponsors: THE CHAIR A motion was made by Bill Averill, seconded by ALD. SPIKER, that this APPEAL be GRANTED. This motion PREVAILED by the following vote: Aye: 4- Gilbert, Averill, Bobot, and Spiker No: 0 5. 22193 Appeal of Daniel Beyer for dumpster enclosure requirement (1534 N Farwell Ave.) (3rd Aldermanic District) Sponsors: THE CHAIR A motion was made by Bill Averill that this APPEAL be GRANTED. This motion PREVAILED by the following vote: Aye: 4- Gilbert, Averill, Bobot, and Spiker No: 0 6. 22194 Appeal of Maures Development Group for dumpster enclosure requirement (1940 N Dr. Martin Luther King, Jr. Dr.) (6th Aldermanic District) Sponsors: THE CHAIR A motion was made by Bill Averill, seconded by Cecilia Gilbert, that this APPEAL be GRANTED. This motion PREVAILED by the following vote: Aye: 4- Gilbert, Averill, Bobot, and Spiker No: 0 7. 22102 Appeal of Mark Rolison for reinspection fees (3724 W Mt Vernon Ave.) (10th Aldermanic District) Sponsors: THE CHAIR 8. 22149 Appeal of Karen Spann Turner for reinspection fees (3428 N 48th St.) City of Milwaukee Page 2 ADMINISTRATIVE REVIEW BOARD Meeting Minutes November 3, 2022 OF APPEALS (7th Aldermanic District) Sponsors: THE CHAIR Mr. Archie Blunt, DNS, asks that this be held until the next meeting. A motion was made by Bill Averill, seconded by Cecilia Gilbert, that this APPEAL be HELD IN COMMITTEE. This motion PREVAILED by the following vote: Aye: 4- Gilbert, Averill, Bobot, and Spiker No: 0 9. 22133 Appeal of Robert Thompson for reinspection fees (3217 N 5th St.) (6th Aldermanic District) Sponsors: THE CHAIR The orders were abated. The appellant believes he was compliant at the first reinspection. Mr. Averill moved to grant. There was no second. Grant the second reinspection fee, but deny the first one for $177.80. This appeal was heard by the City of Milwaukee's Administrative Review Appeals Board at the date and place listed above. The Board's decision in this matter is recorded below. The Board's decision may be appealed by commencing an action in the Circuit Court of Milwaukee County no later than thirty (30) days from November 4, 2022. The phone number for general information for the Court is (414) 278-4120. A motion was made by ALD. SPIKER, seconded by Cecilia Gilbert, that this APPEAL be GRANTED (WITH MODIFICATIONS). This motion PREVAILED by the following vote: Aye: 4- Gilbert, Averill, Bobot, and Spiker No: 0 10. 22137 Appeal of Anthony Hayes David, II for reinspection fees (4151 N 19th St.) (1st Aldermanic District) Sponsors: THE CHAIR This appeal was heard by the City of Milwaukee's Administrative Review Appeals Board at the date and place listed above. The Board's decision in this matter is recorded below. The Board's decision may be appealed by commencing an action in the Circuit Court of Milwaukee County no later than thirty (30) days from November 4, 2022. The phone number for general information for the Court is (414) 278-4120. A motion was made by Bill Averill, seconded by Cecilia Gilbert, that this APPEAL be DENIED based upon non-appearance despite timely notice of the hearing. This motion PREVAILED by the following vote: Aye: 4- Gilbert, Averill, Bobot, and Spiker No: 0 City of Milwaukee Page 3 ADMINISTRATIVE REVIEW BOARD Meeting Minutes November 3, 2022 OF APPEALS 9:15 A.M. 11. 22145 Appeal of Rose Lue-Hing for reinspection fees (3921 N 19th Pl.) (6th Aldermanic District) Sponsors: THE CHAIR This appeal was heard by the City of Milwaukee's Administrative Review Appeals Board at the date and place listed above. The Board's decision in this matter is recorded below. The Board's decision may be appealed by commencing an action in the Circuit Court of Milwaukee County no later than thirty (30) days from November 4, 2022. The phone number for general information for the Court is (414) 278-4120. A motion was made by Bill Averill, seconded by Cecilia Gilbert, that this APPEAL be DENIED as the city followed proper procedures. This motion PREVAILED by the following vote: Aye: 4- Gilbert, Averill, Bobot, and Spiker No: 0 12. 22172 Appeal of Rose Lue-Hing for reinspection fees (3921 N 19th Pl.) (6th Aldermanic District) Sponsors: THE CHAIR This appeal was heard by the City of Milwaukee's Administrative Review Appeals Board at the date and place listed above. The Board's decision in this matter is recorded below. The Board's decision may be appealed by commencing an action in the Circuit Court of Milwaukee County no later than thirty (30) days from November 4, 2022. The phone number for general information for the Court is (414) 278-4120. A motion was made by Bill Averill, seconded by Cecilia Gilbert, that this APPEAL be DENIED as the city followed proper procedures. This motion PREVAILED by the following vote: Aye: 4- Gilbert, Averill, Bobot, and Spiker No: 0 13. 22150 Appeal of Valerie Jordan for garbage and litter nuisance fees (3453 N 15th St.) Sponsors: THE CHAIR Grant the administrative cost of $121.92 and deny the contractor charge of $532.34. This appeal was heard by the City of Milwaukee's Administrative Review Appeals Board at the date and place listed above. The Board's decision in this matter is recorded below. The Board's decision may be appealed by commencing an action in the Circuit Court of Milwaukee County no later than thirty (30) days from November 4, 2022. The phone number for general information for the Court is (414) 278-4120. A motion was made by ALD. SPIKER, seconded by Bill Averill, that this APPEAL be GRANTED (WITH MODIFICATIONS). This motion PREVAILED by the City of Milwaukee Page 4 ADMINISTRATIVE REVIEW BOARD Meeting Minutes November 3, 2022 OF APPEALS following vote: Aye: 4- Gilbert, Averill, Bobot, and Spiker No: 0 14. 22138 Appeal of M. Sajan for garbage and litter nuisance fees (5803 W Hampton Ave.) Sponsors: THE CHAIR This appeal was heard by the City of Milwaukee's Administrative Review Appeals Board at the date and place listed above. The Board's decision in this matter is recorded below. The Board's decision may be appealed by commencing an action in the Circuit Court of Milwaukee County no later than thirty (30) days from November 4, 2022. The phone number for general information for the Court is (414) 278-4120. A motion was made by Bill Averill, seconded by Cecilia Gilbert, that this APPEAL be DENIED based upon non-appearance despite timely notice of the hearing. This motion PREVAILED by the following vote: Aye: 4- Gilbert, Averill, Bobot, and Spiker No: 0 15. 22153 Appeal of Will Sherard, for Morocco Investments, LLC,for garbage and litter nuisance fees (3519 N 20th St.) Sponsors: THE CHAIR This appeal was heard by the City of Milwaukee's Administrative Review Appeals Board at the date and place listed above. The Board's decision in this matter is recorded below. The Board's decision may be appealed by commencing an action in the Circuit Court of Milwaukee County no later than thirty (30) days from November 4, 2022. The phone number for general information for the Court is (414) 278-4120. A motion was made by Bill Averill, seconded by Cecilia Gilbert, that this APPEAL be DENIED based upon non-appearance despite timely notice of the hearing. This motion PREVAILED by the following vote: Aye: 4- Gilbert, Averill, Bobot, and Spiker No: 0 16. 22160 Appeal of Elizabeth A. Heiser for garbage and litter nuisance fees (4319 N 18th St.) Sponsors: THE CHAIR 9:30 A.M. 17. 22154 Appeal of Shlomo Shertok for solid waste violation (3028 N Farwell Ave.) (3rd Aldermanic District) Sponsors: THE CHAIR City of Milwaukee Page 5 ADMINISTRATIVE REVIEW BOARD Meeting Minutes November 3, 2022 OF APPEALS 18. 22159 Appeal of Walter Perry for solid waste violation (3147 N 27th St.) (7th Aldermanic District) Sponsors: THE CHAIR 19. 22142 Appeal of Richard Rush for tall grass and weeds nuisance fees (2952 N Murray Ave.) (3rd Aldermanic District) Sponsors: THE CHAIR 20. 22162 Appeal of Stanley McCollum for tall grass and weeds nuisance fees (3043 N 21st St.) (7th Aldermanic District) Sponsors: THE CHAIR 21. 22165 Appeal of Tom Chambasian for tall grass and weeds nuisance fees (10010 W Silver Spring Dr.) (5th Aldermanic District) Sponsors: THE CHAIR 22. 22167 Appeal of Atty. James Collis for tall grass and weeds nuisance fees (3473 S 92nd St.) (11th Aldermanic District) Sponsors: THE CHAIR This appeal was heard by the City of Milwaukee's Administrative Review Appeals Board at the date and place listed above. The Board's decision in this matter is recorded below. The Board's decision may be appealed by commencing an action in the Circuit Court of Milwaukee County no later than thirty (30) days from November 4, 2022. The phone number for general information for the Court is (414) 278-4120. A motion was made by ALD. SPIKER, seconded by Bill Averill, that this APPEAL be DENIED as the city followed proper procedures. This motion PREVAILED by the following vote: Aye: 4- Gilbert, Averill, Bobot, and Spiker No: 0 23. 22168 Appeal of Libby Grob for tall grass and weeds nuisance fees (1321 N 37th Pl.) (15th Aldermanic District) Sponsors: THE CHAIR This appeal was heard by the City of Milwaukee's Administrative Review Appeals Board at the date and place listed above. The Board's decision in this matter is recorded below. The Board's decision may be appealed by commencing an action in the Circuit Court of Milwaukee County no later than thirty (30) days from November 4, 2022. The phone number for general information for the Court is (414) 278-4120. A motion was made by ALD. SPIKER, seconded by Cecilia Gilbert, that this APPEAL be DENIED based upon non-appearance despite timely notice of the hearing. This motion PREVAILED by the following vote: City of Milwaukee Page 6 ADMINISTRATIVE REVIEW BOARD Meeting Minutes November 3, 2022 OF APPEALS Aye: 4- Gilbert, Averill, Bobot, and Spiker No: 0 9:45 A.M. 24. 22099 Appeal of Atty. Michael S. Maistelman on behalf of Harbhajan Gill and Gill's Gas and Food, Inc. for chronic nuisance premises designation (1319 W North Ave.) (15th Aldermanic District) Sponsors: THE CHAIR 25. 22151 Appeal of Atty. Michael Bishop for nuisance property designation (4402 N 27th St.) (1st Aldermanic District) Sponsors: THE CHAIR Held at the request of the city. A motion was made by Bill Averill, seconded by Cecilia Gilbert, that this APPEAL be HELD IN COMMITTEE. This motion PREVAILED by the following vote: Aye: 4- Gilbert, Averill, Bobot, and Spiker No: 0 26. 22173 Appeal of Atty. David Winkel for nuisance designation (6331 S 13th St.) (13th Aldermanic District) Sponsors: THE CHAIR 27. 22181 Appeal of Ofir Amram for police nuisance fees. (3015 N. Palmer Street) (6th Aldermanic District) Sponsors: THE CHAIR This appeal was heard by the City of Milwaukee's Administrative Review Appeals Board at the date and place listed above. The Board's decision in this matter is recorded below. The Board's decision may be appealed by commencing an action in the Circuit Court of Milwaukee County no later than thirty (30) days from November 4, 2022. The phone number for general information for the Court is (414) 278-4120. A motion was made by Bill Averill, seconded by Cecilia Gilbert, that this APPEAL be DENIED as the city followed proper procedures. This motion PREVAILED by the following vote: Aye: 4- Gilbert, Averill, Bobot, and Spiker No: 0 28. 22182 Appeal of Ofir Amram for police nuisance fees. (3015 N. Palmer Street) (6th Aldermanic District) City of Milwaukee Page 7 ADMINISTRATIVE REVIEW BOARD Meeting Minutes November 3, 2022 OF APPEALS Sponsors: THE CHAIR This appeal was heard by the City of Milwaukee's Administrative Review Appeals Board at the date and place listed above. The Board's decision in this matter is recorded below. The Board's decision may be appealed by commencing an action in the Circuit Court of Milwaukee County no later than thirty (30) days from November 4, 2022. The phone number for general information for the Court is (414) 278-4120. A motion was made by Bill Averill, seconded by Cecilia Gilbert, that this APPEAL be DENIED as the city followed proper procedures. This motion PREVAILED by the following vote: Aye: 4- Gilbert, Averill, Bobot, and Spiker No: 0 29. 22183 Appeal of Ofir Amram for police nuisance fees. (3015 N. Palmer Street) (6th Aldermanic District) Sponsors: THE CHAIR This appeal was heard by the City of Milwaukee's Administrative Review Appeals Board at the date and place listed above. The Board's decision in this matter is recorded below. The Board's decision may be appealed by commencing an action in the Circuit Court of Milwaukee County no later than thirty (30) days from November 4, 2022. The phone number for general information for the Court is (414) 278-4120. A motion was made by Bill Averill, seconded by Cecilia Gilbert, that this APPEAL be DENIED as the city followed proper procedures. This motion PREVAILED by the following vote: Aye: 4- Gilbert, Averill, Bobot, and Spiker No: 0 30. 22184 Appeal of Ofir Amram for police nuisance fees. (3015 N. Palmer Street) (6th Aldermanic District) Sponsors: THE CHAIR 10:00 A.M. 31. 22141 Appeal of Atty. Richard W. Donner, on behalf of Suzanne C. Spenner-Hupy, relating to the Historic Preservation Commission's decision to grant a certificate of appropriateness. (3319 N. Lake Dr.) (3rd Aldermanic District) Sponsors: THE CHAIR Atty. Timothy Schelwat present for the appellant. Deadlines: Dec. 2nd -- City Attorney to provide opinion as to whether ARBA has jurisdiction to hear this matter Dec. 16th - Appellant's attorney to respond to the city attorney opinion City of Milwaukee Page 8 ADMINISTRATIVE REVIEW BOARD Meeting Minutes November 3, 2022 OF APPEALS The ARBA chair will draft a letter to the Historic Preservation Commission and the City Attorney's Office. A motion was made by ALD. SPIKER, seconded by Cecilia Gilbert, that this APPEAL be HELD IN COMMITTEE. This motion PREVAILED by the following vote: Aye: 4- Gilbert, Averill, Bobot, and Spiker No: 0 10:15 A.M. 32. 22147 Appeal of Christine Arend, Construction Management Resources, LLC, for denial of Small Business Enterprise Certification. Sponsors: THE CHAIR A motion was made by Cecilia Gilbert, seconded by Bill Averill, that this APPEAL be HELD IN COMMITTEE. This motion PREVAILED by the following vote: Aye: 4- Gilbert, Averill, Bobot, and Spiker No: 0 33. Election of a Vice Chair. This item will be on the next agenda. Meeting adjourned: 12:25 P.M. Linda M. Elmer Staff Assistant This meeting can be viewed in its entirety through the City's Legislative Research Center at http://milwaukee.legistar.com/calendar. City of Milwaukee Page 9