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File #:
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960427
Version:
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Type:
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Motion
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Status:
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Passed
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On agenda:
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Final action:
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5/27/1998
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Title:
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Substitute motion to approve the recommendation of the Common Council relative to the complaint seeking revocation of the rooming house license issued to Mark Kivley for the premises located at 1620-8 North Farwell Avenue, in the 3rd Aldermanic District.
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Indexes:
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HOUSING, LICENSED DWELLINGS, LICENSES, ROOMING HOUSES
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| 6/4/1998 | 0 |
STEERING & RULES COMMITTEE
| REFERRED TO | | |
Action details
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Meeting details
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Not available
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| 5/27/1998 | 1 |
COMMON COUNCIL
| APPROVED
Minutes note: BY ALD .GORDON -
by recommending approval of said motion.
THE CLERK swore in the the Court Reporter.
Recommendation of renewal of the Rooming House License of Mark Kivley for the premises at 1620-28 N. Farwell Ave. in the 3rd Ald. Dist. in lieu of revocation, reducing the number of residents from 67 to not more than 38 tenants. Written objections have been filed by the licensee.
THE CHAIR questioned whether all members of the Common Council had read the report and recommendations by the Utilities and Licenses Committee and written exceptions.
Ayes: 17 - Ald. Pratt, D'Amato, Henningsen, Schramm, Johnson-Odom, Gordon, Frank, Richards, Butler, Scherbert, Witkowiak, Pawlinski, Breier, Nardelli, Murphy, Hines and President Kalwitz.
THE CHAIR questioned whether the applicant or his counsel was present and wished to address the Council.
The counsel and the applicant were present.
ALD. RICHARDS moved that the Common Council do now resolve itself into a Committee of the Whole for the purpose of hearing from the applicant's attorney and Assistant City Attorney.
The motion prevailed.
ALD. D'AMATO moved to amend motion to go into Committee of the Whole to hear from Complainant's attorney.
The motion prevailed by the following vote:
Ayes: 15 - Ald. Pratt, , D' Amato, Henningsen, Johnson-Odom, Gordon, Frank, Richards, Butler, Scherbert, Witkowiak, Pawlinski, Breier, Murphy, Hines and President Kalwitz.
Noes: 2 - Ald. Schramm and Nardelli.
PROCEEDINGS OF THE COMMITTEE OF THE WHOLE
Attorney Alan Deutch representing the applicant, Attorney Germanotta, representing neighborhood objectors and Assistant City Attorney Bruce Schrimpf appeared and addressed the Committee.
ALD. Gordon moved that the Committee do now rise.
The motion prevailed.
ALD. HENNINGSEN moved that the license be revoked nothwithstanding the recommendation of the Utilities and Licenses Committee.
Ayes: 9 - Ald. Henningsen, Schramm, Gordon, Frank, Richards, Scherbert, Pawlinski, Breier and Hines.
Noes: 6 - Ald. Pratt, Butler, Witkowiak, Nardelli, Murphy and President Kalwitz.
Abstained: 1 - Ald. D' Amato.
ALD. MURPHY moved to go into the Committee of the Whole to hear from the City Attorney's Office relating to the foregoing matter.
The motion prevailed by the following vote:
Ayes: 9 - Ald. Henningsen, Schramm, Johnson-Odom, Butler, Witkowiak, Pawlinski, Breier , Murphy and President Kalwitz.
Noes: 8 - Ald. Pratt, D'Amato, Gordon, Frank, Richards, Scherbert, Nardelli and Hines.
PROCEEDINGS OF THE COMMITTEE OF THE WHOLE
Assistant City Attorney Bruce Schrimpf appeared and addressed the Committee.
ALD. Gordon moved that the Committee do now rise.
The motion prevailed.
THE CHAIR requested a roll call vote regarding Ald. Henningsen's motion to revoke.
Ayes: 9 - Ald. Henningsen, Schramm, Gordon, Frank, Richards, Scherbert, Pawlinski, Breier and Hines.
Noes:7 - Ald. Pratt, Johnson-Odom, Butler, Witkowiak, Nardelli, Murphy and President Kalwitz.
Abstained: 1 - Ald. D'AMato.
ALD. GORDON moved to adopt File 960427 as amended.
Ayes: 10 - Ald. Henningsen, Schramm, Johnson-Odom, Gordon, Frank, Richards, Scherbert, Pawlinski, Breier and Hines.
Noes: 6 - Ald. Pratt, Butler, Witkowiak, Nardelli, Murphy and President Kalwitz.
Abstained: 1 - Ald. D'Amato. | Pass | 10:6 |
Action details
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Not available
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| 5/27/1998 | 2 |
CITY CLERK
| DRAFT SUBMITTED | | |
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| 5/12/1998 | 1 |
LICENSES COMMITTEE
| RECOMMENDED FOR APPROVAL
Minutes note: (Grant, in lieu of revocation with no more than 30 tenants) Attorney A. Deutch Attorney J. Germanotta, Ald D'Amato and Ald. Mark Kivley appeared) | Pass | 3:1 |
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| 5/12/1998 | 1 |
LICENSES COMMITTEE
| RECONSIDERED | Pass | 4:0 |
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| 5/12/1998 | 1 |
LICENSES COMMITTEE
| RECOMMENDED FOR APPROVAL
Minutes note: (Grant, in lieu of revocation with no more than 38 tenants) | Pass | 4:0 |
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| 5/12/1998 | 1 |
CITY CLERK
| DRAFT SUBMITTED | | |
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| 5/7/1998 | 0 |
LICENSES COMMITTEE
| HEARING NOTICES SENT | | |
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Not available
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| 5/7/1998 | 0 |
LICENSES COMMITTEE
| HEARING NOTICES SENT | | |
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Not available
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| 5/7/1998 | 0 |
LICENSES COMMITTEE
| HEARING NOTICES SENT | | |
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Not available
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| 5/7/1998 | 0 |
LICENSES COMMITTEE
| HEARING NOTICES SENT | | |
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Not available
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| 5/6/1998 | 0 |
LICENSES COMMITTEE
| HEARING NOTICES SENT | | |
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Not available
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| 5/6/1998 | 0 |
LICENSES COMMITTEE
| HEARING NOTICES SENT | | |
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Not available
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| 5/6/1998 | 0 |
LICENSES COMMITTEE
| HEARING NOTICES SENT | | |
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Not available
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| 5/6/1998 | 0 |
LICENSES COMMITTEE
| HEARING NOTICES SENT | | |
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Not available
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| 5/6/1998 | 0 |
LICENSES COMMITTEE
| HEARING NOTICES SENT | | |
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Not available
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| 5/6/1998 | 0 |
LICENSES COMMITTEE
| HEARING NOTICES SENT | | |
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Not available
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| 8/20/1997 | 0 |
LICENSES COMMITTEE
| RECONSIDERED
Minutes note: Ald. Witkowiak moved to go into closed session. Prevailed. 4-0. Ald. Witkowiak moved to reconvene. Prevailed. 4-0. Note: Schedule meeting for File 960427 for 9:00 A.M. on November 11, 1997. Send memo to Bruce Schrimpf about tape I (closed session that he has received). | Pass | 4:0 |
Roll call
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Meeting details
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Not available
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| 8/20/1997 | 0 |
LICENSES COMMITTEE
| HELD TO CALL OF THE CHAIR
Minutes note: (To be used for revocation proceedings with an appeals process
permissible--Mark Kivley rooming house license, 1620-28 N. Farwell Avenue, in he 3rd Aldermanic District. This is a cotinuation of the hearings reviously held on December 18, 1996, January 10, 1997 and July 31, 1997.) | Pass | 4:0 |
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| 8/1/1997 | |
LICENSES COMMITTEE
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Minutes note: This matter was not acted on. | | |
Not available
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| 7/31/1997 | 0 |
LICENSES COMMITTEE
| RECONSIDERED | Pass | 4:0 |
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| 7/31/1997 | 0 |
LICENSES COMMITTEE
| HELD TO CALL OF THE CHAIR
Minutes note: Get UNIX note. | Pass | 4:0 |
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Not available
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| 7/25/1997 | 0 |
LICENSES COMMITTEE
| HEARING NOTICES SENT | | |
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Not available
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| 1/10/1997 | 0 |
LICENSES COMMITTEE
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Minutes note: Kivley revocation. | | |
Not available
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Not available
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| 1/8/1997 | 0 |
LICENSES COMMITTEE
| HEARING NOTICES SENT | | |
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Not available
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| 1/2/1997 | 0 |
LICENSES COMMITTEE
| HEARING NOTICES SENT | | |
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Meeting details
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Not available
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| 12/18/1996 | 0 |
LICENSES COMMITTEE
| HELD TO CALL OF THE CHAIR
Minutes note: 960427-Mark Kivley
Attorney Alan Deutch
1. Complainant, Ald. M. D'Amato
2. Attorney John Germanotta
3. Stacey Olson, 636 Oak St, So. Milw.
4. Teri Coren, 1614 N. Farwell
5. Leon Travanti, 1425 N. Prospect
6. Milton Katz, 1580, 1579 N. Farwell
7. Frank P. Parrish, 1505, 1579 N. Farwell
8. David Sulk, 1659 N. Humboldt
9. Scott Berendt, 1328 Albion St.
10. Rosa Wilson, 1580 N. Farwell
11. Joseph Jiino, 2571 N. Fredrick (law office 1700 N. Farwell)
12. Joseph Castrovinci, 1601 N. Farwell
13. Daniel Soller, W265s5170 Donald Dr, Waukesha
14. Joe Gonzalez, 1614 N. Farwell
14. Darrin Engel, 1913 N. Oakland
16. James Schook, 1576 N. Warren Ave.
17. Frank Alioto, 1668 N. Astor
18. Christopher Kane, 1614 N. Farwell
19. Ellen Callahan, 1327 E. Brady
20. Martin Katz, 7718 N. Beach Dr.
21. Tess Scherbarth, 531 E. Burleigh
22. Cathy Borneman 1234-8 E. Brady
23. Pat Suminski, 1218 E. Brady St.
24. Gerald Braunreiter, 1580 N. Farwell #124
25. Cathy Thomas 1740 N. Warren Ave.
Ald. Butler made carbon copies of letter of Bartlein and Co., Inc., dated 6/8/96 part of record (part of complaint & signed by S. Olson)
Ald. Schramm made list of rooming house/C.B. Resid. if ac./drug& alcohol treatment centers made part of record. (3rd Dist.)Ald. Schramm made portions of transcript of 11-19-96, 7:30p.m. meeting part of record. | Pass | 3:0 |
Roll call
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Meeting details
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Not available
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| 12/10/1996 | 0 |
LICENSES COMMITTEE
| HEARING NOTICES SENT | | |
Action details
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Meeting details
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Not available
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| 12/9/1996 | 0 |
LICENSES COMMITTEE
| HEARING NOTICES SENT | | |
Action details
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Meeting details
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Not available
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| 12/6/1996 | 0 |
LICENSES COMMITTEE
| HEARING NOTICES SENT | | |
Action details
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Meeting details
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Not available
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NUMB:
960427
VERS:
SUBSTITUTE 1
XXBY:
UTILITIES AND LICENSES COMMITTEE
TITL:
Substitute motion to approve the recommendation of the Utilities and Licenses Committee relative to the complaint seeking revocation of the rooming house license issued to Mark Kivley for the premises located at 1620-8 North Farwell Avenue, in the 3rd Aldermanic District, granting the license, but reducing the number of residents in this licensed dwelling facility from 67 to not more than 38 tenants.
ANLS:
This substitute motion reduces the maximum number of persons residing in the licensed rooming house premises of Mark Kivley located at 1620-8 North Farwell Avenue, in the 3rd Aldermanic District from 67 to note more than 38.
BODY:
Whereas, The Utilities and Licenses Committee held evidentiary hearings on December 18, 1996, January 10, July 31, August 20, 1997, and May 12, 1998, relative to the possible revocation of the rooming house license for Mark Kivley, for the premises located at 1620-8 North Farwell Avenue; and
Whereas, The Committee found that the licensed premises was operated in a manner such that if the facility housed more than 38 tenants, its operation constituted a public nuisance and had a substantial impact upon the health, safety, convenience, prosperity and property interest of the immediate surrounding neighborhood; and
Whereas, The Utilities and Licenses Committee, after hearing all of the testimony of the Department of Building Inspection, Milwaukee Police Department, Milwaukee Fire Department and the neighborhood voted unanimously (4 ayes, 0 noes, 1 excused) to recommend reducing the maximum number of persons residing in the licensed premises from 67 to not more than 38; now, therefore, be it
Resolved, That the Common Council of the City of Milwaukee, hereby accepts the recommendation of the Utilities and Licenses Committee to grant the rooming house license of Mark Kivley for the premises located at 1620-8 N. Farwell Avenue and, in lieu of revocation, reducing the maximum number of persons residing in the licensed premises from 67 to not more than 38. DFTR: MAL:crr 960427 5/12/98
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