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, Cecilia Gilbert, and Kendrick Yandell 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, January 12, 2023 9:00 AM City Hall, Room 301-B Meeting convened at 9 a.m. Present: 5 - Gilbert, Averill, Bobot, Spiker, Yandell 1. 22214 Appeal of Brian Kuhs for dumpster enclosure requirement (1703-1713 W State St.) (4th Aldermanic District) Sponsors: THE CHAIR Denial based on nonappearance. (Prevailed 5-0) A motion was made by Bill Averill, seconded by Cecilia Gilbert, that this APPEAL be DENIED. This motion PREVAILED by the following vote: Aye: 5- Gilbert, Averill, Bobot, Spiker, and Yandell No: 0 Brian Kuhs appearing later in the meeting. Member Yandell moved reconsideration and to hold to the next meeting, seconded by member Averill. (Prevailed 4-0) A motion was made by Kendrick Yandell, seconded by Bill Averill, that this APPEAL be RECONSIDERED. This motion PREVAILED by the following vote: Aye: 4- Gilbert, Averill, Bobot, and Yandell No: 0 Excused: 1- Spiker A motion was made by Kendrick Yandell, seconded by Bill Averill, that this APPEAL be HELD IN COMMITTEE. This motion PREVAILED by the following vote: Aye: 4- Gilbert, Averill, Bobot, and Yandell No: 0 City of Milwaukee Page 1 ADMINISTRATIVE REVIEW BOARD Meeting Minutes January 12, 2023 OF APPEALS Excused: 1- Spiker 2. 22191 Appeal of Brian Delfosse for vacant building registration fees (1588 N Warren Ave.) (3rd Aldermanic District) Sponsors: THE CHAIR This appeal was heard by the City of Milwaukee's Administrative Review Board of Appeals 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 January 18, 2023. 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: 5- Gilbert, Averill, Bobot, Spiker, and Yandell No: 0 3. 22196 Appeal of Jeremy Martens for vacant building registration fees (325 E Burleigh St.) (6th Aldermanic District) Sponsors: THE CHAIR This appeal was heard by the City of Milwaukee's Administrative Review Board of Appeals 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 January 18, 2023. The phone number for general information for the Court is (414) 278-4120. A motion was made by Bill Averill, seconded by Kendrick Yandell, that this APPEAL be DENIED as the city followed proper procedures. This motion PREVAILED by the following vote: Aye: 4- Gilbert, Averill, Bobot, and Yandell No: 0 Excused: 1- Spiker 4. 22202 Appeal of James Free for reinspection fees (1942 N 23rd St.) (15th Aldermanic District) Sponsors: THE CHAIR Granted based on testimony that all orders have been satisfied. 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 Yandell No: 0 Abstain: 1- Spiker City of Milwaukee Page 2 ADMINISTRATIVE REVIEW BOARD Meeting Minutes January 12, 2023 OF APPEALS 5. 22220 Appeal of Quan Li for reinspection fees (1515 S 8th St.) (12th Aldermanic District) Sponsors: THE CHAIR Denied based on applicant testimony to pay the fee. This appeal was heard by the City of Milwaukee's Administrative Review Board of Appeals 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 January 18, 2023. 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. This motion PREVAILED by the following vote: Aye: 5- Gilbert, Averill, Bobot, Spiker, and Yandell No: 0 6. 22221 Appeal of Quan Li for reinspection fees (1334 S 9th St.) (12th Aldermanic District) Sponsors: THE CHAIR Appearing: Quan Li Patrick O'Connell, property manager Ken Garbisch, DNS - Mr. Garbisch said open violations remaining pertained to the lack of a grippable handrail and connected downspout sealed to receiver, the fee was $177, and he was open to hold the matter to have violations fixed. Mr. O'Connell said that this matter had the same inspector communication issues where the inspectors were unreachable. Ms. Li said that she worked to address the violations even if not up to the standards of the department, which she felt was unreasonable. Member Averill moved to hold to the next meeting, seconded by member Spiker. (Prevailed 5-0) A motion was made by Bill Averill, seconded by ALD. SPIKER, that this APPEAL be HELD IN COMMITTEE. This motion PREVAILED by the following vote: Aye: 5- Gilbert, Averill, Bobot, Spiker, and Yandell No: 0 7. 22225 Appeal of Marwan Aly for reinspection fees (1701 W Aspen St.) (13th Aldermanic District) Sponsors: THE CHAIR City of Milwaukee Page 3 ADMINISTRATIVE REVIEW BOARD Meeting Minutes January 12, 2023 OF APPEALS This APPEAL was SETTLED 9:15 A.M. 8. 22178 Appeal of Gary Kruckenberg for reinspection fees (131 E Chambers St.) (6th Aldermanic District) Sponsors: THE CHAIR Held at appellant's request. 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: 5- Gilbert, Averill, Bobot, Spiker, and Yandell No: 0 9. 22179 Appeal of Gary Kruckenberg for reinspection fees (1325 N 28th St.) (4th Aldermanic District) Sponsors: THE CHAIR Held at appellant's request. 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: 5- Gilbert, Averill, Bobot, Spiker, and Yandell No: 0 10. 22186 Appeal of Lonnie Lucas for reinspection fees (4483 N 58th St.) (7th Aldermanic District) Sponsors: THE CHAIR This appeal was heard by the City of Milwaukee's Administrative Review Board of Appeals 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 January 18, 2023. 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: 5- Gilbert, Averill, Bobot, Spiker, and Yandell No: 0 11. 22201 Appeal of Rodney Comic for reinspection fees (2557 N 11th St.) (15th Aldermanic District) City of Milwaukee Page 4 ADMINISTRATIVE REVIEW BOARD Meeting Minutes January 12, 2023 OF APPEALS Sponsors: THE CHAIR Held at the city's request. 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: 5- Gilbert, Averill, Bobot, Spiker, and Yandell No: 0 12. 22235 Appeal of JoAnn Jones for reinspection fees (3350 N 29th St.) (7th Aldermanic District) Sponsors: THE CHAIR This appeal was heard by the City of Milwaukee's Administrative Review Board of Appeals 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 January 18, 2023. The phone number for general information for the Court is (414) 278-4120. A motion was made by Bill Averill, seconded by ALD. SPIKER, that this APPEAL be DENIED based upon non-appearance despite timely notice of the hearing. This motion PREVAILED by the following vote: Aye: 5- Gilbert, Averill, Bobot, Spiker, and Yandell No: 0 9:30 A.M. 13. 22189 Appeal of Debra Stewart for garbage and litter nuisance fees (3170 N 9th St.) Sponsors: THE CHAIR Held at appellant's request. 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: 5- Gilbert, Averill, Bobot, Spiker, and Yandell No: 0 14. 22197 Appeal of James Bowie for garbage and litter nuisance fees (3910 N 13th St.) Sponsors: THE CHAIR This appeal was heard by the City of Milwaukee's Administrative Review Board of Appeals 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 City of Milwaukee Page 5 ADMINISTRATIVE REVIEW BOARD Meeting Minutes January 12, 2023 OF APPEALS the Circuit Court of Milwaukee County no later than thirty (30) days from January 18, 2023. The phone number for general information for the Court is (414) 278-4120. A motion was made by Kendrick Yandell, seconded by Bill Averill, that this APPEAL be DENIED based upon non-appearance despite timely notice of the hearing. This motion PREVAILED by the following vote: Aye: 5- Gilbert, Averill, Bobot, Spiker, and Yandell No: 0 15. 22209 Appeal of Reginald Hunter for garbage and litter nuisance fees (4371 N 48th St.) Sponsors: THE CHAIR This APPEAL was SETTLED 9:45 A.M. 16. 22190 Appeal of Sarah Otto for overhanging tree branches nuisance fees (3842 N 24th Pl.) (6th Aldermanic District) Sponsors: THE CHAIR This appeal was heard by the City of Milwaukee's Administrative Review Board of Appeals 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 January 18, 2023. The phone number for general information for the Court is (414) 278-4120. A motion was made by Bill Averill, seconded by Kendrick Yandell, that this APPEAL be DENIED based upon non-appearance despite timely notice of the hearing. This motion PREVAILED by the following vote: Aye: 5- Gilbert, Averill, Bobot, Spiker, and Yandell No: 0 17. 22203 Appeal of Gaurav Agrawal, Greater Milwaukee Real Estate LLC, for tall grass and weeds nuisance fees (5148 N 29th St.) (1st Aldermanic District) Sponsors: THE CHAIR This appeal was heard by the City of Milwaukee's Administrative Review Board of Appeals 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 January 18, 2023. 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: Aye: 5- Gilbert, Averill, Bobot, Spiker, and Yandell City of Milwaukee Page 6 ADMINISTRATIVE REVIEW BOARD Meeting Minutes January 12, 2023 OF APPEALS No: 0 18. 22217 Appeal of Ljubomir Stamenkovich for tall grass and weeds nuisance fees (628 S. 28th St.) (8th Aldermanic District) Sponsors: THE CHAIR Held at appellant's request. 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: 5- Gilbert, Averill, Bobot, Spiker, and Yandell No: 0 19. 22218 Appeal of Ljubomir Stamenkovich for tall grass and weeds nuisance fees (632 S. 28th St.) (8th Aldermanic District) Sponsors: THE CHAIR Held at appellant's request. 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: 5- Gilbert, Averill, Bobot, Spiker, and Yandell No: 0 20. 22219 Appeal of Gary Berman for tall grass and weeds nuisance fees (8747 N 76th Pl.) (9th Aldermanic District) Sponsors: THE CHAIR Member Averill moved to grant in part the appeal in the amount of $172 (and applicable taxes) and deny in part the appeal in the amount of $150 (applicable taxes and contractor fee). This appeal was heard by the City of Milwaukee's Administrative Review Board of Appeals 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 January 18, 2023. 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 GRANTED (WITH MODIFICATIONS). This motion PREVAILED by the following vote: Aye: 5- Gilbert, Averill, Bobot, Spiker, and Yandell No: 0 21. 22223 Appeal of Jordan Williams for tall grass and weeds nuisance fees City of Milwaukee Page 7 ADMINISTRATIVE REVIEW BOARD Meeting Minutes January 12, 2023 OF APPEALS (4889 N 19th Pl.) (1st Aldermanic District) Sponsors: THE CHAIR This appeal was heard by the City of Milwaukee's Administrative Review Board of Appeals 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 January 18, 2023. The phone number for general information for the Court is (414) 278-4120. A motion was made by Kendrick Yandell, seconded by Bill Averill, 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 Yandell No: 0 Excused: 1- Spiker 22. 22236 Appeal of Sonja Posen for tall grass and weeds nuisance fees (743 N 25th St.) (4th Aldermanic District) Sponsors: THE CHAIR This appeal was heard by the City of Milwaukee's Administrative Review Board of Appeals 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 January 18, 2023. The phone number for general information for the Court is (414) 278-4120. A motion was made by Cecilia Gilbert, seconded by Bill Averill, 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 Yandell No: 0 Excused: 1- Spiker 23. 22237 Appeal of Sonia Dixon for removal of branches and tree trimming fee. (4642 N. 24th Pl.) (1st Aldermanic District) Sponsors: THE CHAIR Member Averill moved to grant in part in the amount of $173.97 (post and half of contractor fees plus taxes) and deny in part the amount for $123.96 (half of contractor fee plus taxes). This appeal was heard by the City of Milwaukee's Administrative Review Board of Appeals 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 January 18, 2023. The phone number for general information for the Court is (414) 278-4120. A motion was made by Bill Averill, seconded by ALD. SPIKER, that this APPEAL be GRANTED (WITH MODIFICATIONS). This motion PREVAILED by the following vote: City of Milwaukee Page 8 ADMINISTRATIVE REVIEW BOARD Meeting Minutes January 12, 2023 OF APPEALS Aye: 5- Gilbert, Averill, Bobot, Spiker, and Yandell No: 0 10:00 A.M. 24. 22151 Appeal of Atty. Michael Bishop for nuisance property designation (4402 N 27th St.) (1st Aldermanic District) Sponsors: THE CHAIR This APPEAL was SETTLED 25. 22226 Appeal of Imad Hassan for nuisance property designation. (5011 W Fond du Lac Ave.) (7th Aldermanic District) Sponsors: THE CHAIR This APPEAL was SETTLED 10:15 A.M. 26. 22147 Appeal of Christine Arend, Construction Management Resources, LLC, for denial of Small Business Enterprise Certification. Sponsors: THE CHAIR A motion was made by Vincent Bobot, seconded by Kendrick Yandell, that this APPEAL be GRANTED. This motion PREVAILED by the following vote: Aye: 5- Gilbert, Averill, Bobot, Spiker, and Yandell No: 0 10:30 A.M. 27. 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 Appearing: Atty. Timothy Schelwat, legal counsel Michael Radavich, Assistant City Attorney Chair Bobot recused himself. Atty. Radavich said that his office had opined to the board to not hear the matter. Member Averill moved to dismiss and not hear the file based on City Attorney City of Milwaukee Page 9 ADMINISTRATIVE REVIEW BOARD Meeting Minutes January 12, 2023 OF APPEALS opinion, seconded by member Spiker. (Prevailed 2-0-2) Excused - Gilbert; Abstained - Yandell, Bobot The board did not consider the item. This appeal was dismissed by the City of Milwaukee's Administrative Review Board of Appeals at the date and place listed above. The Board's action may be appealed by commencing an action in the Circuit Court of Milwaukee County no later than thirty (30) days from January 18, 2023. The phone number for general information for the Court is (414) 278-4120. 28. Election of a vice chair. Held to the next meeting 2/27/23 at 9 a.m. z Meeting adjourned at Chris Lee, Staff Assistant Council Records Section City Clerk's Office Meeting adjourned at 12:20 p.m. Chris Lee, Staff Assistant Joanna Polanco, Staff Assistant Council Records Section City Clerk's Office 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 10