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JUDICIARY & LEGISLATION COMMITTEE

Regular Meeting

Milwaukee, WI · April 29, 2019

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 Bauman, Ald.T. Anthony Zielinski, and Ald. Nikiya Dodd Staff Assistant, Joanna Polanco, 286-2366 Fax: 286-3456, jpolan@milwaukee.gov Legislative Liaison, Jeffrey Osterman, 286-2262, joster@milwaukee.gov Monday, April 29, 2019 1:30 PM Room 301-B, City Hall 4/25/19 AMENDED LRB-1976 & AB-132 were added to File Number 181894 Meeting convened at 1:32 PM Present 4 - Borkowski, Johnson, Bauman, Dodd Excused 1 - Zielinski 1. 190007 Resolution relating to the appeal of Mary McKay for property damage. (11th Aldermanic District.) Sponsors: THE CHAIR Appearing: Katryna Rhodes - ACA Sgt. Christopher Marshall - MPD Ms. Mary McKay - appellant Ald. Borkowski moved to pay appeal in the amount of Ms. McKay deductible, $1000.00 Based on Milwaukee Police Department's testimony and City Attorney's recommendation, Ald. Johnson moved denial of this appeal. A motion was made by ALD. BORKOWSKI that this Resolution be AMENDED. This motion FAILED by the following vote: Aye 1- Borkowski No 3- Johnson, Bauman and Dodd Excused 1- Zielinski This Resolution was RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT Aye 3- Johnson, Bauman and Dodd City of Milwaukee Page 1 JUDICIARY & LEGISLATION Meeting Minutes April 29, 2019 COMMITTEE No 1- Borkowski Excused 1- Zielinski 2. 190008 Resolution relating to the appeal of Steven Turner for property damage. (11th Aldermanic District.) Sponsors: THE CHAIR Appearing: Katryna Rhodes - ACA No one Show when called A motion was made by ALD. JOHNSON that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 3- Johnson, Bauman and Dodd No 1- Borkowski Excused 1- Zielinski 3. 190006 Resolution relating to the claim of Hupy & Abraham, S.C. on behalf of DuWayne D. Criter Sponsors: THE CHAIR Appearing: Katryna Rhodes - ACA Hupy & Abraham, S.C. on behalf of DuWayne D Criter - Atty. David Landgraf This Resolution was RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT 4. 181680 Resolution relating to the appeal of Andrew Nichols and Dinna Kleeman for property damage. Sponsors: COMMON COUNCIL Appearing: Katryna Rhodes - ACA Andrew Nichols & Dinna Kleeman were not present when called (second time item is scheduled). Ald. Borkowski moved to paid this appeal in the amount of 770 dollars, offered amount by the City Attorney's Office to seatled this appeal. There were no objections. A motion was made by ALD. JOHNSON that this Resolution be SUBSTITUTED. This motion PREVAILED by the following vote: Aye 4- Borkowski, Johnson, Bauman and Dodd No 0 Excused 1- Zielinski City of Milwaukee Page 2 JUDICIARY & LEGISLATION Meeting Minutes April 29, 2019 COMMITTEE 181680 Sponsors: COMMON COUNCIL A motion was made by ALD. JOHNSON that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Borkowski, Johnson, Bauman and Dodd No 0 Excused 1- Zielinski 5. 181549 Resolution relating to the claim of American Family Insurance by its representative Sarah A. Crose on behalf of Bartlett Oakland, LLC. Sponsors: THE CHAIR Appearing: Patricia Fricker - ACA This resolution is to be paid in the amount of $27,170.18. A motion was made by ALD. DODD that this Resolution be SUBSTITUTED. This motion PREVAILED by the following vote: Aye 4- Borkowski, Johnson, Bauman and Dodd No 0 Excused 1- Zielinski 181549 Sponsors: THE CHAIR A motion was made by ALD. DODD that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Borkowski, Johnson, Bauman and Dodd No 0 Excused 1- Zielinski 6. 181932 Resolution authorizing the return of real estate located at 4947 N. 20TH Street, in the 1st Aldermanic District, to former owner Shondell Zanders. Sponsors: THE CHAIR Appearing: Deborah McCollum-Gathing - DNS Emily McKeown - DCD Erika Martinez - Treasurer Office Mr. Shondell Zanders A motion was made by ALD. DODD that this Resolution be RECOMMENDED FOR City of Milwaukee Page 3 JUDICIARY & LEGISLATION Meeting Minutes April 29, 2019 COMMITTEE ADOPTION. This motion PREVAILED by the following vote: Aye 4- Borkowski, Johnson, Bauman and Dodd No 0 Excused 1- Zielinski 7. 190076 Resolution authorizing the return of real estate located at 5649 N. 34th Street, in the 1st Aldermanic District, to former owner Before and After Rehab, LLC. (Application made by Before and After Rehab, LLC c/o Atty. Joseph Sherwenka). Sponsors: THE CHAIR Appearing: Deborah McCollum-Gathing - DNS Emily McKeown - DCD Erika Martinez - Treasurer Office Atty. Joseph Sherwenka DNS $203.20 by 5/6/19 A motion was made by ALD. JOHNSON that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Borkowski, Johnson, Bauman and Dodd No 0 Excused 1- Zielinski 8. 190013 Resolution authorizing the return of real estate located at 5101 N. 66th Street, in the 2nd Aldermanic District, to former owner Ernest V. Williams & Joan HW. Sponsors: THE CHAIR Appearing: Deborah McCollum-Gathing - DNS Emily McKeown - DCD Erika Martinez - Treasurer Office Mr. Ernest V. Williams Atty. Andrew Arena A motion was made by ALD. JOHNSON that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Borkowski, Johnson, Bauman and Dodd No 0 Excused 1- Zielinski 9. 190077 Resolution authorizing the return of real estate located at 2925 N 11th Street, in the 6th Aldermanic District, to former owner Eddie Williams. City of Milwaukee Page 4 JUDICIARY & LEGISLATION Meeting Minutes April 29, 2019 COMMITTEE Sponsors: THE CHAIR Appearing: Deborah McCollum-Gathing - DNS Emily McKeown - DCD Erika Martinez - Treasurer Office Mr. Eddie Williams 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- Borkowski, Johnson, Bauman and Dodd No 0 Excused 1- Zielinski 10. 190078 Resolution authorizing the return of real estate located at 1328 S 8th Street, in the 12th Aldermanic District, to former owner JMR Rental Properties, LLC c/o Jaime Rosado. Sponsors: THE CHAIR Appearing: Deborah McCollum-Gathing - DNS Emily McKeown - DCD Erika Martinez - Treasurer Office Nicole Larsen - ACA Atty. from Gimble Law Office DNS due 5/6/19 and correct code violations in a timely manner. Municipal court outstanding amount $1,347.69 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 Dodd No 0 Excused 1- Zielinski 11. 181710 Substitute resolution authorizing the return of real estate located at 1311 N. 40th Street, in the 15th Aldermanic District to its former owner Baltic2Boardwalk LLC (Application made by Raymond Cowan, manager). Sponsors: THE CHAIR Appearing: Deborah McCollum-Gathing - DNS Emily McKeown - DCD Erika Martinez - Treasurer Office Mr. Raymond Cowan - Manager City of Milwaukee Page 5 JUDICIARY & LEGISLATION Meeting Minutes April 29, 2019 COMMITTEE DNS due on other property 4357 N 14 $729.07 due by 5/6/19 A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Borkowski, Johnson, Bauman and Dodd No 0 Excused 1- Zielinski 12. 190075 Resolution authorizing the return of real estate located at 2854 N. 28TH Street, in the 15th Aldermanic District, to former owner Ingersol Financial, LLC c/o BCHH Inc. Sponsors: THE CHAIR Appearing: Deborah McCollum-Gathing - DNS Emily McKeown - DCD Erika Martinez - Treasurer Office Nicole Larsen - ACA no one show when called 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 Dodd No 0 Excused 1- Zielinski 13. 170937 Communication from the Fire and Police Commission relating to updates and current activities. Sponsors: THE CHAIR Appearing: Lakeisha Butler - Director F&PC Mr. Paul Mozina - City Resident A motion was made by ALD. BAUMAN that this Communication be HELD TO CALL OF THE CHAIR. This motion PREVAILED by the following vote: Aye 4- Borkowski, Johnson, Bauman and Dodd No 0 Excused 1- Zielinski 14. 190043 Resolution cancelling real estate taxes levied against certain parcels bearing tax key numbers on the 2018 tax roll, plus interest applicable to date of repayment, if appropriate. City of Milwaukee Page 6 JUDICIARY & LEGISLATION Meeting Minutes April 29, 2019 COMMITTEE Sponsors: THE CHAIR Appearing: Peter Bronex - Deputy Assessor A motion was made by ALD. DODD that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 3- Borkowski, Bauman and Dodd No 0 Excused 2- Johnson and Zielinski 15. 181894 Resolution relative to legislative bills. Sponsors: THE CHAIR Appearing: Brenda Wood - IRD CC Danielle Decker - IRD Mike Amsden - SB-170 Relating to: allowing minors to operate temporary stands without a permit or license. Ald. Dood moved SUPPORT 3-0 LRB-1976 Relating to: displaying gas taxes on gas pumps. Ald. Johnson moved SUPPORT 3-0 Ms. Wood asked committee to hold this item until more research is done. There were no objections. LRB-2612 Relating to: regulating hemp, providing an exemption from emergency rule procedures, granting rule making authority, and making an appropriation. AB-168 Relating to: the requirement for stating name and address prior to voting. Ald. Johnson moved SUPPORT 4-0 AB-132 Relating to: electric bicycles and providing a penalty. Ald. Dodd moved SUPPORT 3-0 A motion was made by ALD. JOHNSON that this Resolution be AMENDED. This motion PREVAILED by the following vote: Aye 4- Borkowski, Johnson, Bauman and Dodd City of Milwaukee Page 7 JUDICIARY & LEGISLATION Meeting Minutes April 29, 2019 COMMITTEE No 0 Excused 1- Zielinski 181894 Substitute resolution relative to legislative bills. Sponsors: THE CHAIR A motion was made by ALD. JOHNSON that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Borkowski, Johnson, Bauman and Dodd No 0 Excused 1- Zielinski 16. 181900 Communication from the Department of Administration relating to the 2020 Census. Sponsors: THE CHAIR Appearing: Sharon Robinson - DOA Director Patricia Ruiz - Canty - DOA A motion was made by ALD. JOHNSON that this Communication be HELD TO CALL OF THE CHAIR. This motion PREVAILED by the following vote: Aye 3- Borkowski, Johnson and Dodd No 0 Excused 2- Bauman and Zielinski 17. 190065 Resolution directing the Department of Administration - Intergovernmental Relations Division to seek introduction and passage of State legislation to remove the State statute which prohibits municipalities from enacting or enforcing ordinances regulating the use, disposition, or sale of auxiliary containers. Sponsors: Ald. Rainey Appearing: Brenda Wood - CC CC 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 3- Borkowski, Johnson and Dodd No 0 Excused 2- Bauman and Zielinski 18. 190112 Resolution authorizing up to $2,300,000 million dollars of 2019 contingent City of Milwaukee Page 8 JUDICIARY & LEGISLATION Meeting Minutes April 29, 2019 COMMITTEE borrowing for damages and claims. 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 4- Borkowski, Johnson, Bauman and Dodd No 0 Excused 1- Zielinski 19. 190079 Resolution authorizing payment of the settlement of claims raised by the Estate of James Franklin Perry by Representatives Nathaniel Cade and Anglia Garner. Sponsors: THE CHAIR A motion was made by ALD. JOHNSON that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Borkowski, Johnson, Bauman and Dodd No 0 Excused 1- Zielinski The Judiciary and Legislation Committee may convene into closed session on Monday, April 29, 2019 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. Meeting adjourned at 3:53 PM Joanna Polanco Staff Assistant This meeting will be webcast live at www.milwaukee.gov/channel25. City of Milwaukee Page 9 JUDICIARY & LEGISLATION Meeting Minutes April 29, 2019 COMMITTEE 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 and Health, 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. Times for specific agenda items are estimations. If items cannot be heard at their specified times, they will be heard as soon as practicable thereafter. 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 10

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 Bauman, Ald.T. Anthony Zielinski, and Ald. Nikiya Dodd Staff Assistant, Joanna Polanco, 286-2366 Fax: 286-3456, jpolan@milwaukee.gov Legislative Liaison, Jeffrey Osterman, 286-2262, joster@milwaukee.gov Monday, April 29, 2019 1:30 PM Room 301-B, City Hall 4/25/19 AMENDED LRB-1976 & AB-132 were added to File Number 181894 1. 190007 Resolution relating to the appeal of Mary McKay for property damage. (11th Aldermanic District.) Sponsors: THE CHAIR ---$3,308.00 2. 190008 Resolution relating to the appeal of Steven Turner for property damage. (11th Aldermanic District.) Sponsors: THE CHAIR ---$1,160.00 3. 190006 Resolution relating to the claim of Hupy & Abraham, S.C. on behalf of DuWayne D. Criter Sponsors: THE CHAIR ---$50,000.00 4. 181680 Resolution relating to the appeal of Andrew Nichols and Dinna Kleeman for property damage. Sponsors: COMMON COUNCIL ---$1,728.92 5. 181549 Resolution relating to the claim of American Family Insurance by its representative Sarah A. Crose on behalf of Bartlett Oakland, LLC. Sponsors: THE CHAIR ---$32,170.18 6. 181932 Substitute resolution authorizing the return of real estate located at 4947 N. 20th Street, in the 1st Aldermanic District to its former owner Shondell Zanders. Sponsors: THE CHAIR City of Milwaukee Page 1 Printed on 4/26/2019 JUDICIARY & LEGISLATION Meeting Agenda April 29, 2019 COMMITTEE 7. 190076 Substitute resolution authorizing the return of real estate located at 5649 N. 34th Street, in the 1st Aldermanic District to its former owner Before and After Rehab, LLC (Application made by Before and After Rehab, LLC c/o Atty. Joseph Sherwenka). Sponsors: THE CHAIR 8. 190013 Substitute resolution authorizing the return of real estate located at 5101 N. 66th Street, in the 2nd Aldermanic District to its former owner Ernest V. Williams & Joan HW. Sponsors: THE CHAIR 9. 190077 Substitute resolution authorizing the return of real estate located at 2925 N. 11th street, in the 6th Aldermanic District to its former owner Eddie Williams. Sponsors: THE CHAIR 10. 190078 Substitute resolution authorizing the return of real estate located at 1328 S. 8th Street, in the 12th Aldermanic District to its former owner JMR Rental Properties, LLC c/o Jaime Rosado. Sponsors: THE CHAIR 11. 181710 Substitute resolution authorizing the return of real estate located at 1311 N. 40th Street, in the 15th Aldermanic District to its former owner Baltic2Boardwalk LLC (Application made by Raymond Cowan, manager). Sponsors: THE CHAIR 12. 190075 Substitute resolution authorizing the return of real estate located at 2854 N. 28th Street, in the 15th Aldermanic District to its former owner Ingersol Financial, LLC c/o BCHH inc.. Sponsors: THE CHAIR 13. 170937 Communication from the Fire and Police Commission relating to updates and current activities. Sponsors: THE CHAIR 14. 190043 Resolution cancelling real estate taxes levied against certain parcels bearing tax key numbers on the 2018 tax roll, plus interest applicable to date of repayment, if appropriate. Sponsors: THE CHAIR 15. 181894 Resolution relative to legislative bills. Sponsors: THE CHAIR SB-170 Relating to: allowing minors to operate temporary stands without a permit or license. LRB-1976 Relating to: displaying gas taxes on gas pumps. City of Milwaukee Page 2 Printed on 4/26/2019 JUDICIARY & LEGISLATION Meeting Agenda April 29, 2019 COMMITTEE LRB-2612 Relating to: regulating hemp, providing an exemption from emergency rule procedures, granting rule making authority, and making an appropriation. AB-168 Relating to: the requirement for stating name and address prior to voting. AB-132 Relating to: electric bicycles and providing a penalty. 16. 181900 Communication from the Department of Administration relating to the 2020 Census. Sponsors: THE CHAIR 17. 190065 Resolution directing the Department of Administration - Intergovernmental Relations Division to seek introduction and passage of State legislation to remove the State statute which prohibits municipalities from enacting or enforcing ordinances regulating the use, disposition, or sale of auxiliary containers. Sponsors: Ald. Rainey 18. 190112 Resolution authorizing up to $2,300,000 million dollars of 2019 contingent borrowing for damages and claims. Sponsors: THE CHAIR 19. 190079 Resolution authorizing payment of the settlement of claims raised by the Estate of James Franklin Perry by Representatives Nathaniel Cade and Anglia Garner. Sponsors: THE CHAIR The Judiciary and Legislation Committee may convene into closed session on Monday, April 29, 2019 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. City of Milwaukee Page 3 Printed on 4/26/2019 JUDICIARY & LEGISLATION Meeting Agenda April 29, 2019 COMMITTEE 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 and Health, 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. Times for specific agenda items are estimations. If items cannot be heard at their specified times, they will be heard as soon as practicable thereafter. 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 4 Printed on 4/26/2019
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