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JUDICIARY & LEGISLATION COMMITTEE

Regular Meeting

Milwaukee, WI · October 5, 2015

AgendaMinutes

Minutes

City Hall City of Milwaukee 200 East Wells Street Milwaukee, Wi 53202 Meeting Minutes JUDICIARY & LEGISLATION COMMITTEE ALD. ASHANTI HAMILTON, CHAIR Ald. Terry Witkowski, Vice-Chair Ald. Robert J. Bauman, Ald. Mark Borkowski, and Ald. T. Anthony Zielinski Staff Assistant, Joanna Polanco, 286-2366 Fax: 286-3456, jpolan@milwaukee.gov Legislative Liaison, La-Wanda Fletcher, 286-8661, lfletc@milwaukee.gov Monday, October 5, 2015 1:30 PM Room 301-B, City Hall Meeting convened at 1:36 P.M. Present 4 - Hamilton, Witkowski, Bauman, Borkowski Excused 1 - Zielinski 1. 150418 Resolution relative to legislative bills. Sponsors: THE CHAIR Appearing: Jennifer Gonda - IRD Kimberly Montgomery - IRD Karen Sparapani - Director of Milwaukee Area Animal Control Commission (MADACC) SB-203 Relating to: changing the assessment method for business improvement districts. Ald. Witkowski moved for this committee to oppose this bill. There were no objections. SB-241 Relating to: the possession of certain wild animals and providing a penalty. Ald. Borkowski moved for the committee to support this bill with suggested changes offered by DNS and MPD. There were no objections. A motion was made by ALD. BORKOWSKI that this Resolution be SUBSTITUTED. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Bauman, Borkowski and Zielinski No 0 150418 Substitute resolution relating to legislative bills. Sponsors: THE CHAIR A motion was made by ALD. BORKOWSKI that this Resolution be City of Milwaukee Page 1 JUDICIARY & LEGISLATION Meeting Minutes October 5, 2015 COMMITTEE RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Hamilton, Witkowski, Bauman and Borkowski No 0 Excused 1- Zielinski 2. 150691 Resolution relating to the appeal of Chai Kao Xiong for property damage. (2nd Aldermanic District) Sponsors: THE CHAIR Appearing: Jan Smokowicz - ACA Nancy Alvarado - Sewer Maintenance Daughter of Mr. Kao Xiong, Nina Xiong Mr. Chai Kao Xiong Based on City department's testimony, Ald. Bauman moved denial of this claim. There were no objections. A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Bauman, Borkowski and Zielinski No 0 3. 150569 Resolution relating to the appeal of Charles Sharman for property damage. (3rd Aldermanic District) Sponsors: THE CHAIR Appearing: Jeff Delleman - DPW A motion was made by ALD. ZIELINSKI that this Resolution be HELD TO CALL OF THE CHAIR. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Bauman, Borkowski and Zielinski No 0 4. 150517 Resolution relating to the appeal of Maria Garcia for property damage. (8th Aldermanic District) Sponsors: THE CHAIR Appearing: Jeff Delleman - DPW Marcia Garcia - A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: City of Milwaukee Page 2 JUDICIARY & LEGISLATION Meeting Minutes October 5, 2015 COMMITTEE Aye 4- Hamilton, Witkowski, Bauman and Borkowski No 0 Excused 1- Zielinski 5. 150492 Resolution relating to the appeal of Zimile Azizi for property damage. (13th Aldermanic District) Sponsors: THE CHAIR Appearing: Jeff Delleman - DPW Zimili Azizi Based on city department's Ald. moved denial of this claim. There were no objections. A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 4- Hamilton, Witkowski, Bauman and Borkowski No 0 Excused 1- Zielinski 6. 150658 Resolution authorizing the return of real estate located at 1818-1820 N. 30th Street in the 15th Aldermanic District to former owner Jonnie Mae LLC. Sponsors: THE CHAIR Appearing: Karen Taylor - DCD Emily Mckeown - DNS Jim Klajbor - Treasurer Office Johnnie Mae LLC - Mr. James Bentley, however, no longer an LLC DCD does object since LLC is disolved. DNS charges Reinspection fees of $8,719.00 Fire inspection fees of $131.82 TOTAL DNS charges $8,850.82 Due on October 12, 2015 by noon. 2011-2014 taxes if paid by October, $12,868.69 If paid by November 12, 2015 $12,998.32 A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED FOR PLACING ON FILE. This motion PREVAILED by the following vote: Aye 4- Hamilton, Witkowski, Bauman and Borkowski No 0 City of Milwaukee Page 3 JUDICIARY & LEGISLATION Meeting Minutes October 5, 2015 COMMITTEE Excused 1- Zielinski 7. 150657 Resolution authorizing the return of real estate located at 1036-1038 W. Wright Street in the 15th Aldermanic District to former owners George L. Noble and Nora Conway. Sponsors: THE CHAIR Appearing: Karen Taylor - DCD Emily Mckeown - DNS Jim Klajbor - Treasurer Office Mr. Noble & Ms. Conway DNS charges Reisnpection fees $60.84 Fire inspection fees $65.91 Litter clean-up $30.42 TOTAL DNS CHARGES 157.17 Due on October 12, 2015 by noon. 2008-2014 taxes if paid by October 37,460.27 If paid by November 12, 2015 $37,789.59 A motion was made by ALD. WITKOWSKI that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Hamilton, Witkowski, Bauman and Borkowski No 0 Excused 1- Zielinski 8. 150699 Resolution authorizing the return of real estate located at 2060 S. Muskego Avenue in the 8TH Aldermanic District to former owner Lina Koch. Sponsors: THE CHAIR Appearing: Karen Taylor - DCD Emily Mckeown - DNS Jim Klajbor Treasurer Office Lina Koch 2012-2014 Taxes if paid by October $16,712.18 If paid by Novemeber 12, 2015 $16,899.11 A motion was made by ALD. BAUMAN that this Resolution be HELD TO CALL OF THE CHAIR. This motion PREVAILED by the following vote: Aye 4- Hamilton, Witkowski, Bauman and Borkowski No 0 City of Milwaukee Page 4 JUDICIARY & LEGISLATION Meeting Minutes October 5, 2015 COMMITTEE Excused 1- Zielinski 9. 150692 Resolution authorizing the return of real estate located at 5877 N. 80th Street in the 2nd Aldermanic District to former owners Rodney & Jean Fischer. Sponsors: THE CHAIR Appearing: Karen Taylor - DCD Emily Mckeown - DNS Jim Klajbor - Treasurer Office Rodney Fischer 2013-2014 Taxes if paid in October $5,480.84 If paid by November 12, 2015 $5,549.13 applicant also has ownership interest on 7916 N Florist delinquent taxes $13,164.32 Chair asked to follow through with payment plan with Treasurer's office by October 12, 2015 Ald.Bauman explained to Mr. Fischer that city can remove vacation, exchange to sell property to Mr. Fischer A motion was made by ALD. BAUMAN that this Resolution be HELD TO CALL OF THE CHAIR. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Bauman, Borkowski and Zielinski No 0 10. 150682 Resolution authorizing the return of real estate located at 1201-1207 W. Juneau Avenue in the 4th Aldermanic District to former owner Kathryn Renee Hutchins (Application made by Anton Lavender). Sponsors: THE CHAIR Appearing: Karen Taylor - DCD Emily Mckeown - DNS Jim Klajbor - Treasurer Office Kathryn Renee Hutchins & Anton Lavender Atty. William Judge The Department of City Development (DCD) reports that the tax foreclosed prperty is not suitable for use by a public agency or community based organization. The property is in the Near West Side Planning Area but is not needed to implement the plan. However,, DCD objects to returning the property to the representative for the former owner: the property is not fit for human habitation. The property consists of a duplex and a single family structure. The occupied singel family portion of the parcel is full of personal items and requires many repairs. The rehab estimate for the duplex is $121,034.00 and for the single family is $63,578.00, the total cost to rehab all structure on the parcel is $184,613.00 and the total assessed value for the parcel is $42,400.00 City of Milwaukee Page 5 JUDICIARY & LEGISLATION Meeting Minutes October 5, 2015 COMMITTEE The single family structure was occupied at the time the City foreclosed action. The occupants were given notice to vacate the property by September 30, 2015 due to building conditions. Administrative costs incurred by DCD total $867.77 DNS charges reinspection fees $3,549.00 vacant building fees of $2,332.20 TOTAL DNS charges $5,881.20 due by noon October 12, 2015 2013-2014 Taxes If paid by October $18,970.54 If paid by November 12, 2015 $19,204.40 A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED FOR PLACING ON FILE. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Bauman, Borkowski and Zielinski No 0 11. 150684 Resolution authorizing the return of real estate located at 3751 N. 21st Street in the 6th Aldermanic District to former owner Bobbie Lee Kidd (Application made by Renee Hughes, Power of Attorney). Sponsors: THE CHAIR Appearing: Karen Tyalor - DCD Emily Mckeown - DNS Jim Klajbor - Treasurer Office Bobbie Lee Kidd TW 2011-2014 Taxes if paid by October $7,527.61 If paid by November 12, 2015 $7,613.00 A motion was made by ALD. WITKOWSKI that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Hamilton, Witkowski, Bauman and Borkowski No 0 Excused 1- Zielinski 12. 150683 Resolution authorizing the return of real estate located at 3757 N. 21st Street in the 6th Aldermanic District to former owner Bobbie Lee Kidd (Application made by Renee Hughes, Power of Attorney). Sponsors: THE CHAIR Appearing: Karen Tyalor - DCD Emily Mckeown - DNS Jim Klajbor - Treasurer Office City of Milwaukee Page 6 JUDICIARY & LEGISLATION Meeting Minutes October 5, 2015 COMMITTEE 2011-2014 Taxes if paid by October $7,072.44 If paid by November 12, 2015 $7,144.33 A motion was made by ALD. BORKOWSKI that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: 13. 150745 Resolution authorizing settlement of the lawsuit entitled Edward Earl Wright v. Michael Vagnini, et al., for the total amount of $35,000. Sponsors: THE CHAIR Appearing: Sue Lappen - ACA A motion was made by ALD. WITKOWSKI that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 3- Hamilton, Witkowski and Bauman No 1- Borkowski Excused 1- Zielinski 14. 150468 Communication from the Assessor’s Office relating to circumstances surrounding the appeal of John Van Lieshout regarding the tax assessment for his property at BreakWater Condominiums, 1313 N. Franklin Place. Sponsors: Ald. Bauman Appearing: Mr. John Van Lieshout Peter Bronek - Assessor's office Ald. Bauman - Sponsor A motion was made by ALD. BAUMAN that this Communication be RECOMMENDED FOR PLACING ON FILE. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Bauman, Borkowski and Zielinski No 0 15. 150277 Communication from the Municipal Court relating to its pattern and practice of imposing forfeitures and other penalties. Sponsors: Ald. Kovac Appearing: Ald. Kovac - Sponsor Judge Mosley Sheldyn Himle - Muni Court Administration former Judge James Grimley A motion was made by ALD. WITKOWSKI that this Communication be HELD City of Milwaukee Page 7 JUDICIARY & LEGISLATION Meeting Minutes October 5, 2015 COMMITTEE TO CALL OF THE CHAIR. This motion PREVAILED by the following vote: Aye 4- Hamilton, Witkowski, Bauman and Borkowski No 0 Excused 1- Zielinski 16. 150764 Resolution amending Common Council File Number 111628, a resolution directing the Division of Intergovernmental Relations-Department of Administration to seek uniform statewide solid waste regulatory reform for dealing in discarded, salvageable and recyclable materials. Sponsors: Ald. Murphy Appearing: Andrew VanNatta - LRB Paulina De Haan - IRD A motion was made by ALD. WITKOWSKI that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Hamilton, Witkowski, Bauman and Borkowski No 0 Excused 1- Zielinski The Judiciary and Legislation Committee may convene into closed session at 1:30 P.M. on Monday, October 5, 2015 in Room 301-B, City Hall, 200 E. Wells St., Milwaukee, Wisconsin, pursuant to s. 19.85(1)(g), Wis. Stats., for the purpose of conferring with the City Attorney who will render oral or written advice with respect to litigation in which the city is or is likely to become involved and then will go into open session for the regular agenda. Ald. Bauman moved the Judiciary and Legislation Committee may convene into closed session, pursuant to s. 19.85(1)(g), Wis. Stats., for the purpose of conferring with the City Attorney who will render oral or written advice with respect to litigation in which the city is or is likely to become invoolved and then will go into open session for the regular agenda. Roll call: Ald. Bauman Ald. Borkowski Ald. Witkowski Ald. Hamilton City Attorney's office representatives: Jan Smokowicz Miriam Horwitz Sue Lappen Clifton Crump -Mayor's Office City of Milwaukee Page 8 JUDICIARY & LEGISLATION Meeting Minutes October 5, 2015 COMMITTEE Dennis Yacarrino - Budget Office Inspector Carianne Yerkes - MPD Ald. Kovac Ald. Witkowski moved committee returns to open session. There were no objections. Meting adjourned at 5:31 P.M. Joanna Polanco Staff Assistant This meeting will be webcast live at www.milwaukee.gov/channel25. City of Milwaukee Page 9

Agenda

City Hall City of Milwaukee 200 East Wells Street Milwaukee, Wi 53202 Meeting Agenda JUDICIARY & LEGISLATION COMMITTEE ALD. ASHANTI HAMILTON, CHAIR Ald. Terry Witkowski, Vice-Chair Ald. Robert J. Bauman, Ald. Mark Borkowski, and Ald. T. Anthony Zielinski Staff Assistant, Joanna Polanco, 286-2366 Fax: 286-3456, jpolan@milwaukee.gov Legislative Liaison, La-Wanda Fletcher, 286-8661, lfletc@milwaukee.gov Monday, October 5, 2015 1:30 PM Room 301-B, City Hall 1. 150418 Resolution relative to legislative bills. Sponsors: THE CHAIR --- SB-203 Relating to: changing the assessment method for business improvement districts. --- SB-241 Relating to: the possession of certain wild animals and providing a penalty. 2. 150691 Resolution relating to the appeal of Chai Kao Xiong for property damage. (2nd Aldermanic District) Sponsors: THE CHAIR ---$353.23 3. 150569 Resolution relating to the appeal of Charles Sharman for property damage. (3rd Aldermanic District) Sponsors: THE CHAIR ---$3,129.00 4. 150517 Resolution relating to the appeal of Maria Garcia for property damage. (8th Aldermanic District) Sponsors: THE CHAIR 5. 150492 Resolution relating to the appeal of Zimile Azizi for property damage. (13th Aldermanic District) Sponsors: THE CHAIR 6. 150658 Substitute resolution authorizing the return of real estate located at 1818-1820 N. 30th Street in the 15th Aldermanic District to its former owner Johnnie Mae LLC. Sponsors: THE CHAIR City of Milwaukee Page 1 Printed on 10/2/2015 JUDICIARY & LEGISLATION Meeting Agenda October 5, 2015 COMMITTEE 7. 150657 Substitute resolution authorizing the return of real estate located at 1036-1038 W. Wright Street in the 15th Aldermanic District to its former owner George L. Noble and Nora Conway. Sponsors: THE CHAIR 8. 150699 Substitute resolution authorizing the return of real estate located at 2060 S. Muskego Avenue in the 8th Aldermanic District to its former owner Lina Koch. Sponsors: THE CHAIR 9. 150692 Substitute resolution authorizing the return of real estate located at 5877 N. 80th Street in the 2nd Aldermanic District to its former owner Rodney & Jean Fischer. Sponsors: THE CHAIR 10. 150682 Substitute resolution authorizing the return of real estate located at 1201-1207 W. Juneau Avenue in the 4th Aldermanic District to its former owner Kathryn Renee Hutchins (application made by Anton Lavender). Sponsors: THE CHAIR 11. 150684 Substitute resolution authorizing the return of real estate located at 3751 N. 21st Street in the 6th Aldermanic District to its former owner Bobbie Lee Kidd (application made by Renee Hughes, Power of Attorney). Sponsors: THE CHAIR 12. 150683 Substitute resolution authorizing the return of real estate located at 3757 N. 21st Street in the 6th Aldermanic District to its former owner Bobbie Lee Kidd (application made by Renee Hughes, Power of Attorney). Sponsors: THE CHAIR 13. 150745 Resolution authorizing settlement of the lawsuit entitled Edward Earl Wright v. Michael Vagnini, et al., for the total amount of $35,000. Sponsors: THE CHAIR 14. 150468 Communication from the Assessor’s Office relating to circumstances surrounding the appeal of John Van Lieshout regarding the tax assessment for his property at BreakWater Condominiums, 1313 N. Franklin Place. Sponsors: Ald. Bauman 15. 150277 Communication from the Municipal Court relating to its pattern and practice of imposing forfeitures and other penalties. Sponsors: Ald. Kovac City of Milwaukee Page 2 Printed on 10/2/2015 JUDICIARY & LEGISLATION Meeting Agenda October 5, 2015 COMMITTEE 16. 150764 Resolution amending Common Council File Number 111628, a resolution directing the Division of Intergovernmental Relations-Department of Administration to seek uniform statewide solid waste regulatory reform for dealing in discarded, salvageable and recyclable materials. Sponsors: Ald. Murphy The Judiciary and Legislation Committee may convene into closed session at 1:30 P.M. on Monday, October 5, 2015 in Room 301-B, City Hall, 200 E. Wells St., Milwaukee, Wisconsin, pursuant to s. 19.85(1)(g), Wis. Stats., for the purpose of conferring with the City Attorney who will render oral or written advice with respect to litigation in which the city is or is likely to become involved and then will go into open session for the regular agenda. This meeting will be webcast live at www.milwaukee.gov/channel25. Common Council members who are not members of this committee may attend this meeting to participate or to gather information. This meeting may constitute a meeting of the Common Council or any of its standing committees although no formal action will be taken at this meeting. Upon reasonable notice, efforts will be made to accommodate the needs of persons with disabilities through sign language interpreters or auxiliary aids. For assistance contact the Legislative Services ADA Coordinator at 286-2998, (FAX)286-3456, (TDD)286-2025 or by writing to Room 205, City Hall, 200 E. Wells Street, Milwaukee, WI 53202. Parking for persons attending City Hall meetings is available at reduced rates (5 hour limit) at the Milwaukee Center (southwest corner of E. Kilbourn Ave. and N. Water St.) Parking tickets must be validated in the first floor Information Booth in City Hall. Persons engaged in lobbying as defined in s. 305-43-4 of the Milwaukee Code are required to register with the City Clerk's License Division. Lobbyists appearing before a Common Council committee are required to identify themselves as such. More information is available at http://city.milwaukee.gov/Lobbying. City of Milwaukee Page 3 Printed on 10/2/2015
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