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JUDICIARY & LEGISLATION COMMITTEE

Regular Meeting

Milwaukee, WI · January 29, 2018

AgendaMinutes

Minutes

City Hall City of Milwaukee 200 East Wells Street Milwaukee, Wi 53202 Meeting Minutes JUDICIARY & LEGISLATION COMMITTEE ALD. MARK A. BORKOWSKI, CHAIR Ald. Cavalier Johnson, Vice-Chair Ald. Robert J. Bauman, Ald. Jose G. Perez, and Ald. Terry L. Witkowski Staff Assistant, Joanna Polanco, 286-2366 Fax: 286-3456, jpolan@milwaukee.gov Legislative Liaison, Jeffrey Osterman, 286-2262, joster@milwaukee.gov Monday, January 29, 2018 1:30 PM Room 301-B, City Hall Meeting called to order at 1:34 PM Present 4 - Borkowski, Johnson, Bauman, Perez Excused 1 - Witkowski 1. 171412 Appointment of Brandon Methu to the Board of Review by the Mayor. (10th Aldermanic District) Sponsors: THE CHAIR Appearing: A motion was made by ALD. JOHNSON that this Appointment be RECOMMENDED FOR CONFIRMATION. This motion PREVAILED by the following vote: Aye 4- Borkowski, Johnson, Bauman and Perez No 0 Excused 1- Witkowski 2. 171396 Resolution relating to the appeal of Atty. Douglas Phebus on behalf of Ana Maria Marquez Rodriguez and Jairo de Marcos Marquez for property damage. Sponsors: THE CHAIR A motion was made by ALD. JOHNSON that this Resolution be HELD TO CALL OF THE CHAIR. This motion PREVAILED by the following vote: Aye 4- Borkowski, Johnson, Bauman and Perez No 0 Excused 1- Witkowski City of Milwaukee Page 1 JUDICIARY & LEGISLATION Meeting Minutes January 29, 2018 COMMITTEE 3. 171460 Resolution relating to the claim of Dan and Jill Stilwell for property damage. Sponsors: THE CHAIR A motion was made by ALD. JOHNSON that this Resolution be HELD TO CALL OF THE CHAIR. This motion PREVAILED by the following vote: Aye 4- Borkowski, Johnson, Bauman and Perez No 0 Excused 1- Witkowski 4. 171514 Resolution relating to the appeal of Taofiki Alabi, agent for FIK Enterprises, for property damage. (1st Aldermanic District) Sponsors: THE CHAIR Appearing: Pat Fricker - ACA Sgt. Marshall - MPD Mr. Taofiki Alabi Based on City Attorney's recommendations, Ald. Bauman moved denial of this appeal. 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- Borkowski, Johnson, Bauman and Perez No 0 Excused 1- Witkowski Roll call taken at 1:41 PM Present 5 - Borkowski, Johnson, Bauman, Perez, Witkowski 5. 171468 Resolution relating to the appeal of David Konle for property damage. Sponsors: THE CHAIR Appearing: Pat Fricker - ACA Samir Amin - DPW Infrastructure Mr. David Konle Based on City attorney's recommendations, Ald. Witkowski moved denial of appeal. A motion was made by ALD. WITKOWSKI that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Perez and Witkowski City of Milwaukee Page 2 JUDICIARY & LEGISLATION Meeting Minutes January 29, 2018 COMMITTEE No 0 6. 171313 Resolution relating to the appeal of Jed Hunter for property damage. (10th Aldermanic District) Sponsors: THE CHAIR Appearing: Pat Fricker - ACA Randy Krouse - Forestry District Manager Mr. Jed Hunter A motion was made by ALD. JOHNSON that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Perez and Witkowski No 0 7. 171449 Resolution authorizing payment of the claim of DAK I, LLC on behalf of 1203, LLC in the amount of $14,595. Sponsors: THE CHAIR Appearing: Mr. Tom Pechacek - Electrical Services Mr. Neal Karweik - Electrical Services A motion was made by ALD. WITKOWSKI that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Perez and Witkowski No 0 8. 171470 Resolution authorizing settlement of claims in the lawsuit entitled BlueLine Rental, LLC v. City of Milwaukee in the amount of $64,961.82. Sponsors: THE CHAIR A motion was made by ALD. WITKOWSKI that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Perez and Witkowski No 0 9. 171505 Resolution authorizing settlement of claims in the lawsuit entitled Walgreen Co. v. City of Milwaukee in the amount of $19,538.88. Sponsors: THE CHAIR A motion was made by ALD. JOHNSON that this Resolution be RECOMMENDED City of Milwaukee Page 3 JUDICIARY & LEGISLATION Meeting Minutes January 29, 2018 COMMITTEE FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Borkowski, Johnson, Bauman and Witkowski No 1- Perez 10. 171265 Substitute resolution authorizing the return of real estate located at 4373-A N. 14th Street, in the 1st Aldermanic District, to its former owner Dion D. Harrison. Sponsors: THE CHAIR Appearing: Karen Taylor Emily Mckeown Kerry Urban Mr. Harrison not present when called. This is the second time this item is before committee. A motion was made by ALD. JOHNSON that this Resolution be HELD TO CALL OF THE CHAIR. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Perez and Witkowski No 0 11. 171465 Resolution authorizing the return of real estate located at 3620 N. 3rd Street, in the 6th Aldermanic District, to former owner Bernadine Benson. Sponsors: THE CHAIR Appearing: Karen Taylor Emily Mckeown Kerry Urban Ms. Benson 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- Borkowski, Johnson, Bauman, Perez and Witkowski No 0 12. 171339 Substitute resolution authorizing the return of real estate located at 4647 N. 39th Street, in the 7th Aldermanic District to its former owner BDWJ Investments LLC. Sponsors: THE CHAIR Appearing: Karen Taylor Emily Mckeown Kerry Urban City of Milwaukee Page 4 JUDICIARY & LEGISLATION Meeting Minutes January 29, 2018 COMMITTEE A motion was made by ALD. JOHNSON that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Perez and Witkowski No 0 13. 171467 Resolution authorizing the return of real estate located at 1905-A S. 24th Street, in the 8th Aldermanic District, to former owner Jose Javier Hernandez. Sponsors: THE CHAIR Appearing: Karen Taylor Emily Mckeown Kerry Urban Mr. Jose Javier Hernandez A motion was made by ALD. PEREZ that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Perez and Witkowski No 0 14. 171466 Resolution authorizing the return of real estate located at 9060 N. 95th Street Unit M, in the 9th Aldermanic District, to former owners Dawn M. Sinclair and Dennis O. Howard. Sponsors: THE CHAIR Appearing: Karen Taylor Emily Mckeown Kerry Urban Ms. Dawn Sinclair 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- Borkowski, Johnson, Bauman, Perez and Witkowski No 0 15. 170937 Communication from the Fire and Police Commission relating to updates and current activities. Sponsors: THE CHAIR Appearing: MaryNell Regan - Director F&PC Commissioner - Nelson Soler A motion was made by ALD. JOHNSON that this Communication be HELD TO CALL OF THE CHAIR. This motion PREVAILED by the following vote: City of Milwaukee Page 5 JUDICIARY & LEGISLATION Meeting Minutes January 29, 2018 COMMITTEE Aye 5- Borkowski, Johnson, Bauman, Perez and Witkowski No 0 16. 171448 Resolution relative to legislative bills. Sponsors: THE CHAIR Appearing: Brenda Wood LRB- 3627/1 Relating to: regulation of taxicab companies and taxicab dispatch services, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, granting rule-making authority, and providing a criminal penalty. Ald. Bauman moved committee opposed 5-0 LRB-4392/1 Related to: licensure and local regulation of establishments providing massage therapy or bodywork therapy, the scope of practice of massage therapists and bodywork therapists, the unauthorized practice of massage therapy or bodywork therapy, granting rule-making authority, and providing a criminal penalty. Ald. Bauman moved committee opposed 5-0 A motion was made by ALD. BAUMAN that this Resolution be SUBSTITUTED. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Perez and Witkowski No 0 171448 Substitute resolution relative to legislative bills. Sponsors: THE CHAIR A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Perez and Witkowski No 0 The Judiciary and Legislation Committee may convene into closed session on Monday, January 29, 2018 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. City of Milwaukee Page 6 JUDICIARY & LEGISLATION Meeting Minutes January 29, 2018 COMMITTEE Meeting adjourned at Joanna Polanco Staff Assistant This meeting will be webcast live at www.milwaukee.gov/channel25. In the event that Common Council members who are not members of this committee attend this meeting, this meeting may also simultaneously constitute a meeting of the Common Council or any of the following committees: Community and Economic Development, Finance and Personnel, Judiciary and Legislation, Licenses, Public Safety, Public Works, Zoning, Neighborhoods & Development, and/or Steering and Rules. Whether a simultaneous meeting is occurring depends on whether the presence of one or more of the Common Council member results in a quorum of the Common Council or any of the above committees, and, if there is a quorum of another committee, whether any agenda items listed above involve matters within that committee’s realm of authority. In the event that a simultaneous meeting is occurring, no action other than information gathering will be taken at the simultaneous 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 7

Agenda

City Hall City of Milwaukee 200 East Wells Street Milwaukee, Wi 53202 Meeting Agenda JUDICIARY & LEGISLATION COMMITTEE ALD. MARK A. BORKOWSKI, CHAIR Ald. Cavalier Johnson, Vice-Chair Ald. Robert J. Bauman, Ald. Jose G. Perez, and Ald. Terry L. Witkowski Staff Assistant, Joanna Polanco, 286-2366 Fax: 286-3456, jpolan@milwaukee.gov Legislative Liaison, Jeffrey Osterman, 286-2262, joster@milwaukee.gov Monday, January 29, 2018 1:30 PM Room 301-B, City Hall 1. 171412 Appointment of Brandon Methu to the Board of Review by the Mayor. (10th Aldermanic District) Sponsors: THE CHAIR 2. 171396 Resolution relating to the appeal of Atty. Douglas Phebus on behalf of Ana Maria Marquez Rodriguez and Jairo de Marcos Marquez for property damage. Sponsors: THE CHAIR ---$500,000.00 3. 171460 Resolution relating to the claim of Dan and Jill Stilwell for property damage. Sponsors: THE CHAIR ---$5,557.90 4. 171514 Resolution relating to the appeal of Taofiki Alabi, agent for FIK Enterprises, for property damage. (1st Aldermanic District) Sponsors: THE CHAIR ---$431.94 5. 171468 Resolution relating to the appeal of David Konle for property damage. Sponsors: THE CHAIR 6. 171313 Resolution relating to the appeal of Jed Hunter for property damage. (10th Aldermanic District) Sponsors: THE CHAIR ---$425.00 7. 171449 Resolution authorizing payment of the claim of DAK I, LLC on behalf of 1203, LLC in the amount of $14,595. Sponsors: THE CHAIR 8. 171470 Resolution authorizing settlement of claims in the lawsuit entitled BlueLine City of Milwaukee Page 1 Printed on 1/26/2018 JUDICIARY & LEGISLATION Meeting Agenda January 29, 2018 COMMITTEE Rental, LLC v. City of Milwaukee in the amount of $64,961.82. Sponsors: THE CHAIR 9. 171505 Resolution authorizing settlement of claims in the lawsuit entitled Walgreen Co. v. City of Milwaukee in the amount of $19,538.88. Sponsors: THE CHAIR 10. 171265 Substitute resolution authorizing the return of real estate located at 4373-A N. 14th Street, in the 1st Aldermanic District, to its former owner Dion D. Harrison. Sponsors: THE CHAIR 11. 171465 Substitute resolution authorizing the return of real estate located at 3620 N. 3rd Street, in the 6th Aldermanic District to its former owner Bernadine Benson. Sponsors: THE CHAIR 12. 171339 Substitute resolution authorizing the return of real estate located at 4647 N. 39th Street, in the 7th Aldermanic District to its former owner BDWJ Investments LLC. Sponsors: THE CHAIR 13. 171467 Substitute resolution authorizing the return of real estate located at 1905-A S. 24th Street, in the 8th Aldermanic District to its former owner Jose Javier Hernandez. Sponsors: THE CHAIR 14. 171466 Substitute resolution authorizing the return of real estate located at 9060 N 95th Street Unit M, in the 9th Aldermanic District to its former owner Dennis O. Howard. Sponsors: THE CHAIR 15. 170937 Communication from the Fire and Police Commission relating to updates and current activities. Sponsors: THE CHAIR 16. 171448 Resolution relative to legislative bills. Sponsors: THE CHAIR LRB- 3627/1 Relating to: regulation of taxicab companies and taxicab dispatch services, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, granting rule-making authority, and providing a criminal penalty. LRB-4392/1 Related to: licensure and local regulation of establishments providing massage therapy or bodywork therapy, the scope of practice of massage therapists and bodywork therapists, the unauthorized practice of massage therapy or bodywork therapy, granting rule-making authority, and providing a criminal penalty. City of Milwaukee Page 2 Printed on 1/26/2018 JUDICIARY & LEGISLATION Meeting Agenda January 29, 2018 COMMITTEE The Judiciary and Legislation Committee may convene into closed session on Monday, January 29, 2018 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. In the event that Common Council members who are not members of this committee attend this meeting, this meeting may also simultaneously constitute a meeting of the Common Council or any of the following committees: Community and Economic Development, Finance and Personnel, Judiciary and Legislation, Licenses, Public Safety, Public Works, Zoning, Neighborhoods & Development, and/or Steering and Rules. Whether a simultaneous meeting is occurring depends on whether the presence of one or more of the Common Council member results in a quorum of the Common Council or any of the above committees, and, if there is a quorum of another committee, whether any agenda items listed above involve matters within that committee’s realm of authority. In the event that a simultaneous meeting is occurring, no action other than information gathering will be taken at the simultaneous 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 1/26/2018
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