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JUDICIARY & LEGISLATION COMMITTEE

Regular Meeting

Milwaukee, WI · January 9, 2023

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. Robert J. Bauman, Vice-Chair Ald. Michael J. Murphy, Ald. Jose G. Perez, and Ald. Mark Chambers, Jr. Staff Assistant, Joanna Polanco, 414-286-2366 Fax: 414-286-3456, jpolan@milwaukee.gov Legislative Liaison, Jeffrey Osterman, 414-286-2262, joster@milwaukee.gov Monday, January 9, 2023 9:00 AM Room 301-B, City Hall This is also a virtual meeting. Those wishing to view the proceedings are able to do so via the City Channel - Channel 25 on Spectrum Cable or on the Internet at www.milwaukee.gov/channel25. Meeting convened at 9:10 A.M. Present 4 - Borkowski, Murphy, Perez, Chambers Jr. Excused 1 - Bauman 1. 220955 Resolution relating to the appeal of Peter McDermott for property damage. Appearing: Mr. Peter McDermott ACA Jordan Schettle Ald. Murphy moved to settle this claim fin the amount of $250.00. there were no objections. A motion was made by ALD. MURPHY that this Resolution be SUBSTITUTED. This motion PREVAILED by the following vote: Aye 4- Borkowski, Murphy, Perez, and Chambers Jr. No 0 Excused 1- Bauman 220955 Substitute resolution relating to the appeal of Peter McDermott for property damage. A motion was made by ALD. MURPHY that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Borkowski, Murphy, Perez, and Chambers Jr. City of Milwaukee Page 1 JUDICIARY & LEGISLATION Meeting Minutes January 9, 2023 COMMITTEE No 0 Excused 1- Bauman 2. 220576 Resolution relating to the claim of Railway Exchange Building, LLP Appearing: Atty. Brent Nistler of Hansen Reynolds, LLC MWW Lori Sheeley owners Patricia Keating Kahn A motion was made by ALD. CHAMBERS, JR. that this Resolution be HELD TO CALL OF THE CHAIR. This motion PREVAILED by the following vote: Aye 4- Borkowski, Murphy, Perez, and Chambers Jr. No 0 Excused 1- Bauman 3. 220752 Resolution relating to the appeal of Johneishia Williams for property damage. Appearing: Ian Brown - Forestry Jordan Schettle - ACA Ms. Johneishia Williams (virtually) Based on City Attorney's recommendation, Ald. Chambers moved denial. A motion was made by ALD. CHAMBERS, JR. that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 4- Borkowski, Murphy, Perez, and Chambers Jr. No 0 Excused 1- Bauman 4. 220884 Resolution relating to the claim of Casiedean Andrews. Appearing: Ian Brown - DPW Forestry Jordan Schettle Based on non-appearance, Ald. Perez moved denial. A motion was made by ALD. PEREZ that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 4- Borkowski, Murphy, Perez, and Chambers Jr. No 0 Excused 1- Bauman City of Milwaukee Page 2 JUDICIARY & LEGISLATION Meeting Minutes January 9, 2023 COMMITTEE 5. 221174 Resolution relating to the claim of Oli Prpa. Appearing: Ms. Olivera Prpa Ian Brown - Forestry Jordan Schettle - ACA Based on City Attorney's recommendations and Forestry's testimony, Ald Murphy moved denial. A motion was made by ALD. MURPHY that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 4- Borkowski, Murphy, Perez, and Chambers Jr. No 0 Excused 1- Bauman 6. 221206 Resolution authorizing the return of real estate located at 3609 N Tucker Place Unit 210, in the 5th Aldermanic District, to former owner(s) Villa Du Cour Owners Association Inc Application Made By LoanCare LLC Attn Atty Kelly Smith. Appearing: Deborah McCollum-Gathing - DCD Tanz Rome - DNS Jim Kaljbor - Treasurer Odalo Ohiku - Deputy CA Atty. Kelly Smith on behalf of Villa Du Cour Owners Association Inc., A motion was made by ALD. MURPHY that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Borkowski, Murphy, Perez, and Chambers Jr. No 0 Excused 1- Bauman 7. 220516 Substitute resolution authorizing the return of real estate located at 3360 N 21st Street, in the 6th Aldermanic District to its former owner Louis Tracy (application made by Jeanine Tracy, Heir). Appearing: Deborah McColum-Gathing Tanz Rome Jim klajbor Ms. Jeanine Tracy A motion was made by ALD. CHAMBERS, JR. that this Resolution be HELD TO CALL OF THE CHAIR. This motion PREVAILED by the following vote: Aye 4- Borkowski, Murphy, Perez, and Chambers Jr. City of Milwaukee Page 3 JUDICIARY & LEGISLATION Meeting Minutes January 9, 2023 COMMITTEE No 0 Excused 1- Bauman 8. 221207 Resolution authorizing the return of real estate located at 3716 N 24th Place, in the 6th Aldermanic District, to former owner(s) Gwenevere McCalla-Moore C/O Ingrid Moreland. Appearing: Ms. Gwenevere McCalla-Moore Deborah McCollum-Gathing - DCD Deputy CA Odalo Ohiku Tanz Rome - DNS Jim Klajbor - Deputy City Treasurer A motion was made by ALD. PEREZ that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Borkowski, Murphy, Perez, and Chambers Jr. No 0 Excused 1- Bauman 9. 221370 Resolution authorizing the return of real estate located at 1537 S 26th Street, in the 8th Aldermanic District, to former owner(s) Vitaliano Perez-Javier. Appearing: Mr. Vitaliano Perez-Javier Deborah McCollum-Gathing - DCD ACA Odalo Ohiku Tanz Rome - DNS Jim Klajbor Mr. Vitaliano asked for more time. A motion was made by ALD. PEREZ that this Resolution be HELD TO CALL OF THE CHAIR. This motion PREVAILED by the following vote: Aye 4- Borkowski, Murphy, Perez, and Chambers Jr. No 0 Excused 1- Bauman 10. 221368 Resolution authorizing the return of real estate located at 3122 W Greenfield Av, in the 8th Aldermanic District, to former owner(s) Juan Carlos Renteria Jr. Appearing: Atty. Elise Reuer on behalf of Juan Carlos Renteria Jr. Deborah McCollum-Gathing Odalo Ohiku Tanz Rome City of Milwaukee Page 4 JUDICIARY & LEGISLATION Meeting Minutes January 9, 2023 COMMITTEE Jim Klajbor A motion was made by ALD. CHAMBERS, JR. that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Borkowski, Murphy, Perez, and Chambers Jr. No 0 Excused 1- Bauman 11. 221337 Resolution authorizing the return of real estate located at 3137 W Pierce Street, in the 8th Aldermanic District, to former owner(s) Hermosa Properties LLC, Attn: Attorney James Ramseyer. Appearing: Atty James Ramseyer Atty. President Perez A motion was made by ALD. MURPHY that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Borkowski, Murphy, Perez, and Chambers Jr. No 0 Excused 1- Bauman 12. 221208 Resolution authorizing the return of real estate located at 507 E Howard Ave, in the 14th Aldermanic District, to former owner(s)Jane Johnston. A motion was made by ALD. CHAMBERS, JR. that this Resolution be HELD TO CALL OF THE CHAIR. This motion PREVAILED by the following vote: Aye 4- Borkowski, Murphy, Perez, and Chambers Jr. No 0 Excused 1- Bauman 13. 221279 Substitute resolution directing the City Attorney’s Office to develop a process for working with departments after a judgment in a lawsuit against the City, or a settlement agreement of a lawsuit, to evaluate the circumstances precipitating the lawsuit and to create policies, procedures and training to reduce the risk of similar lawsuits in the future. Appearing: Ald. Coggs Ald. Chambers, Perez, Murphy asked to be added as co-sponsors. There were no objections. Public testimony by Ms. Charlene Cocroft - 7022 N 55th Apt G, tel: 4148283863 City of Milwaukee Page 5 JUDICIARY & LEGISLATION Meeting Minutes January 9, 2023 COMMITTEE This file was adopted as amended by motion of Ald. Coggs to include following language: "It further requires the City Attorney’s Office to report the Common Council by April 30, 2023, on processes currently followed, or in development, to evaluate the circumstances precipitating lawsuits against the City, and policies, procedures and training implemented, or in development, to reduce the risk of similar lawsuits in the future" there were no objections. A motion was made by ALD. MURPHY that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Borkowski, Murphy, Perez, and Chambers Jr. No 0 Excused 1- Bauman 14. 221356 Resolution relating to locations for in-person absentee voting in the City of Milwaukee. A motion was made by ALD. CHAMBERS, JR. that this Resolution be SUBSTITUTED. This motion PREVAILED by the following vote: Aye 4- Borkowski, Murphy, Perez, and Chambers Jr. No 0 Excused 1- Bauman 221356 Substitute resolution relating to locations for in-person absentee voting in the City of Milwaukee. A motion was made by ALD. CHAMBERS, JR. that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Borkowski, Murphy, Perez, and Chambers Jr. No 0 Excused 1- Bauman 15. 221384 Resolution relating to expert witness and outside counsel agreements in the matter of U.S. Venture, Inc. and Citgo Petroleum Corp. v. City of Milwaukee. Appearing: ACA Hannah Jahn A motion was made by ALD. PEREZ that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Borkowski, Murphy, Perez, and Chambers Jr. City of Milwaukee Page 6 JUDICIARY & LEGISLATION Meeting Minutes January 9, 2023 COMMITTEE No 0 Excused 1- Bauman Ald. Bauman arrived at 10:42 A.M. Present 5 - Borkowski, Bauman, Murphy, Perez, Chambers Jr. 16. 221291 Resolution amending Common Council File Number 212038, as amended by Common Council Resolution File Number 220430, authorizing the Office of the City Attorney to increase the dollar amount in the contract for legal services between the City of Milwaukee and Nathan & Kamionski LLP to advise and provide counsel to the City of Milwaukee in relation to the lawsuit entitled “Hadaway v. City of Milwaukee, et. al.,” Case No. 2:19-CV-01106, in the United States District Court for the Eastern District of Wisconsin. Appearing: Deputy CA - Todd Farris A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Borkowski, Bauman, Murphy, Perez, and Chambers Jr. No 0 17. 221265 Resolution authorizing payment of the claim of Florance Hess, C.I. File No. 1048-2022-1419. A motion was made by ALD. MURPHY that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Borkowski, Bauman, Murphy, Perez, and Chambers Jr. No 0 The Judiciary and Legislation Committee may convene into closed session on Monday, January 9th, 2023 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 may go into open session for the regular agenda. This meeting will be webcast live at www.milwaukee.gov/channel25. Meeting adjourned at 12:51 PM Joanna Polanco Staff Assistant City of Milwaukee Page 7 JUDICIARY & LEGISLATION Meeting Minutes January 9, 2023 COMMITTEE NOTA: Para los clientes de cable de Spectrum que deseen ver subtítulos en español, ya están disponibles en el Canal de la Ciudad. En su control remoto de cable Spectrum, presione “MENÚ.” Seleccione “SUBTÍTULOS/CAPTIONS.” Use la flecha hacia abajo hasta “ESTÁNDAR/STANDARD,” luego use la flecha hacia arriba y cambie a “CC3.” 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. City Hall and the Zeidler Municipal Building are accessible by "The Hop" City Hall Stations, the MCTS Green Line, Gold Line, 14, 15, 18, 19, 30, 33, and 57 bus routes. Visit https://www.ridemcts.com/ for more information. Bike racks are available on Water Street, Market Street, and Broadway, and a Bublr Bike Share station is located on the northeast corner of Kilbourn Avenue and Water Street. Limited parking for persons attending meetings is available at reduced rates (5 hour limit) at the Milwaukee Center on the southwest corner of Kilbourn Avenue and Water Street. 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 8

Agenda

City Hall City of Milwaukee 200 East Wells Street Milwaukee, Wi 53202 Meeting Agenda JUDICIARY & LEGISLATION COMMITTEE ALD. MARK A. BORKOWSKI, CHAIR Ald. Robert J. Bauman, Vice-Chair Ald. Michael J. Murphy, Ald. Jose G. Perez, and Ald. Mark Chambers, Jr. Staff Assistant, Joanna Polanco, 414-286-2366 Fax: 414-286-3456, jpolan@milwaukee.gov Legislative Liaison, Jeffrey Osterman, 414-286-2262, joster@milwaukee.gov Monday, January 9, 2023 9:00 AM Room 301-B, City Hall This is also a virtual meeting. Those wishing to view the proceedings are able to do so via the City Channel - Channel 25 on Spectrum Cable or on the Internet at www.milwaukee.gov/channel25. 1. 220955 Resolution relating to the appeal of Peter McDermott for property damage. Sponsors: THE CHAIR ---$478.75 2. 220576 Resolution relating to the claim of Railway Exchange Building, LLP Sponsors: THE CHAIR ---$398,956.84 3. 220752 Resolution relating to the appeal of Johneishia Williams for property damage. Sponsors: THE CHAIR 4. 220884 Resolution relating to the claim of Casiedean Andrews. Sponsors: THE CHAIR ---$7,640.08 5. 221174 Resolution relating to the claim of Oli Prpa. Sponsors: THE CHAIR ---$8,280.15 6. 221206 Substitute resolution authorizing the return of real estate located at 3609 N Tucker Place Unit 210, in the 5th Aldermanic District to its former owner Villa Du Cour Owners Association Inc., Loancare LLC Atty. Kelly Smith. Sponsors: THE CHAIR 7. 220516 Substitute resolution authorizing the return of real estate located at 3360 N 21st Street, in the 6th Aldermanic District to its former owner Louis Tracy City of Milwaukee Page 1 Printed on 1/9/2023 JUDICIARY & LEGISLATION Meeting Agenda January 9, 2023 COMMITTEE (application made by Jeanine Tracy, Heir). Sponsors: THE CHAIR 8. 221207 Substitute resolution authorizing the return of real estate located at 3716 N 24th Place, in the 6th Aldermanic District to its former owner Gwenevere McCalla-Moore c/o Ingrid Moreland. Sponsors: THE CHAIR 9. 221370 Substitute resolution authorizing the return of real estate located at 1537 S 26th Street, in the 8th Aldermanic District to its former owner Vitaliano Perez-Javier. Sponsors: THE CHAIR 10. 221368 Substitute resolution authorizing the return of real estate located at 3122 W Greenfield Ave, in the 8th Aldermanic District to its former owner Juan Carlos Renteria Jr. Sponsors: THE CHAIR 11. 221337 Substitute resolution authorizing the return of real estate located at 3137 W Pierce Street, in the 8th Aldermanic District to its former owner Hermosa Properties LLC, Atty. James Ramseyer. Sponsors: THE CHAIR 12. 221208 Substitute resolution authorizing the return of real estate located at 507 E Howard Ave, in the 14th Aldermanic District to its former owner Jane Johnston. Sponsors: THE CHAIR 13. 221279 Substitute resolution directing the City Attorney’s Office to develop a process for working with departments after a judgment in a lawsuit against the City, or a settlement agreement of a lawsuit, to evaluate the circumstances precipitating the lawsuit and to create policies, procedures and training to reduce the risk of similar lawsuits in the future. Sponsors: Ald. Borkowski 14. 221356 Resolution relating to locations for in-person absentee voting in the City of Milwaukee. Sponsors: THE CHAIR 15. 221384 Resolution relating to expert witness and outside counsel agreements in the matter of U.S. Venture, Inc. and Citgo Petroleum Corp. v. City of Milwaukee. Sponsors: THE CHAIR 16. 221291 Resolution amending Common Council File Number 212038, as amended by Common Council Resolution File Number 220430, authorizing the Office of the City Attorney to increase the dollar amount in the contract for legal services between the City of Milwaukee and Nathan & Kamionski City of Milwaukee Page 2 Printed on 1/9/2023 JUDICIARY & LEGISLATION Meeting Agenda January 9, 2023 COMMITTEE LLP to advise and provide counsel to the City of Milwaukee in relation to the lawsuit entitled “Hadaway v. City of Milwaukee, et. al.,” Case No. 2:19-CV-01106, in the United States District Court for the Eastern District of Wisconsin. Sponsors: THE CHAIR 17. 221265 Resolution authorizing payment of the claim of Florance Hess, C.I. File No. 1048-2022-1419. Sponsors: THE CHAIR The Judiciary and Legislation Committee may convene into closed session on Monday, January 9th, 2023 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 may go into open session for the regular agenda. This meeting will be webcast live at www.milwaukee.gov/channel25. NOTA: Para los clientes de cable de Spectrum que deseen ver subtítulos en español, ya están disponibles en el Canal de la Ciudad. En su control remoto de cable Spectrum, presione “MENÚ.” Seleccione “SUBTÍTULOS/CAPTIONS.” Use la flecha hacia abajo hasta “ESTÁNDAR/STANDARD,” luego use la flecha hacia arriba y cambie a “CC3.” 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. City of Milwaukee Page 3 Printed on 1/9/2023 JUDICIARY & LEGISLATION Meeting Agenda January 9, 2023 COMMITTEE City Hall and the Zeidler Municipal Building are accessible by "The Hop" City Hall Stations, the MCTS Green Line, Gold Line, 14, 15, 18, 19, 30, 33, and 57 bus routes. Visit https://www.ridemcts.com/ for more information. Bike racks are available on Water Street, Market Street, and Broadway, and a Bublr Bike Share station is located on the northeast corner of Kilbourn Avenue and Water Street. Limited parking for persons attending meetings is available at reduced rates (5 hour limit) at the Milwaukee Center on the southwest corner of Kilbourn Avenue and Water Street. 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 1/9/2023