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Meeting Name: JUDICIARY & LEGISLATION COMMITTEE Agenda status: Final
Meeting date/time: 9/14/2009 1:30 PM Minutes status: Final  
Meeting location: Room 301-B, City Hall
Published agenda: Agenda Agenda Published minutes: Minutes Minutes  
Meeting video: eComment: Not available  
Attachments: E-Book
File #Ver.Agenda #TypeTitleActionResultTallyAction DetailsVideo
     The Judiciary and Legislation Committee may convene into closed session at 1:30 P.M. on Monday, September 14, 2009 in Room 301-B, City Hall, 200 E. Wells St., Milwaukee, Wisconsin, pursuant to s. 19.85(1)(g), Wis. Stats. to confer with legal counsel who will render oral or written advice with respect to litigation in which the city is or is likely to become involved with concerning Item #1...Resolution to authorize settlement of benefit and interest claims made by Philip Sliwinski in Sliwinski v. City of Milwaukee relating to section 74.37, Wisconsin Statutes, lawsuits against the City of Milwaukee; Item #2....Resolution to settle claims for the defense of police officers; Jude v. City of Milwaukee; and to confer with legal counsel 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.

Minutes note: Ald. Bohl moves that the Judiciary and Legislation Committee convene into closed session pursuant to s. 19.85(1)(g), Wis. Stats. to confer with legal counsel who will render oral or written advice with respect to litigation in which the city is or is likely to become involved with concerning Item #1...Resolution to authorize settlement of benefit and interest claims made by Philip Sliwinski in Sliwinski v. City of Milwaukee relating to section 74.37, Wisconsin Statutes, lawsuits against the City of Milwaukee; Item #2....Resolution to settle claims for the defense of police officers; Jude v. City of Milwaukee; and to confer with legal counsel 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. Roll call: Ayes : Ald. Davis, Ald. Bohl, Ald. Donovan, Ald. Witkowski and Ald. Hamilton - 5 Individuals present: Grant Langley, Rudy Konrad, Sue Lappen, Jan Smokowicz and Miriam Hurwitz - City Attorney's Office Kim Montgomery - Mayor's Office
    Not available
090387 01.ResolutionResolution to authorize settlement of benefit and interest claims made by Philip Sliwinski in Sliwinski v. City of Milwaukee.RECOMMENDED FOR ADOPTIONPass5:0 Action details Not available
090460 02.ResolutionSubstitute resolution to settle claim for defense of Police Officer Shawn Humitz.

Minutes note: Pay in the amount of $20,000.
SUBSTITUTEDPass5:0 Action details Not available
090460 1 ResolutionSubstitute resolution to settle claim for defense of Police Officer Shawn Humitz.RECOMMENDED FOR ADOPTIONPass5:0 Action details Not available
     2:15 P.M.    Not available
090599 03.AppointmentAppointment of Barbara Ulichny to the Board of Review by the Mayor. (3rd Aldermanic District)RECOMMENDED FOR CONFIRMATIONPass4:0 Action details Not available
090394 04.ResolutionResolution approving revised Municipal Court Non-Traffic and Boating Deposit Schedules.RECOMMENDED FOR ADOPTIONPass5:0 Action details Not available
090432 05.ResolutionResolution to cancel real estate taxes levied against certain parcels bearing various key numbers on the 2008 tax rolls, plus interest applicable to date of repayment, if appropriate.RECOMMENDED FOR ADOPTIONPass5:0 Action details Not available
090431 06.ResolutionResolution to cancel real estate taxes levied against a certain parcel identified by Tax Key No. 498-1721-000-6, 2650-2700 S. Chase Avenue, (Klement Company), on the 2008 manufacturing tax roll, plus interest applicable to date of repayment, if appropriate.RECOMMENDED FOR ADOPTIONPass5:0 Action details Not available
081060 07.CommunicationCommunication from the City Attorney relative to expenditures from the Outside Counsel/Expert Witness Fund Special Purpose Account.

Minutes note: Individuals present: Barb Woldt and Rudy Konrad - City Attorney's Office
HELD TO CALL OF THE CHAIRPass5:0 Action details Not available
     Items below will be heard no earlier than 2:30 P.M.:    Not available
090486 08.ResolutionSubstitute resolution authorizing the return of real estate located at 3116-3118 N. 27th St., in the 7th Aldermanic District to its former owner. (Antione Woodland)

Minutes note: Must pay $220.20 in Dept. of Neighborhood Services and file property recording application by noon by September 21.
RECOMMENDED FOR ADOPTIONPass5:0 Action details Not available
090490 09.ResolutionSubstitute resolution authorizing the return of real estate located at 3278 N. 12th St., in the 6th Aldermanic District to its former owner. (Jerry Smith)

Minutes note: Must record his property prior to noon on September 21.
RECOMMENDED FOR ADOPTIONPass5:0 Action details Not available
090491 010.ResolutionSubstitute resolution authorizing the return of real estate located at 3710 N. Port Washington Ave., in the 6th Aldermanic District to its former owner. (Turnaround, LLC)

Minutes note: Must pay $50 in Dept. of Neighborhood Services and $895.32 in delinquent taxes on 1420 W. Hauser Ave. and file property recording application by noon by September 21.
RECOMMENDED FOR ADOPTIONPass5:0 Action details Not available
090492 011.ResolutionSubstitute resolution authorizing the return of real estate located at 1836 W. Fond du Lac Ave., in the 15th Aldermanic District to its former owner. (Leonard Brady, Agent for Jolen & Company)

Minutes note: Must pay $855.93 and $66.24 in delinquent taxes on two other properties and record the property prior to noon on September 21.
RECOMMENDED FOR ADOPTIONPass5:0 Action details Not available
090493 012.ResolutionSubstitute resolution authorizing the return of real estate located at 6973 N. 79th Court, in the 9th Aldermanic District to its former owner. (Bass & Moglowsky, S.C. on behalf of Nationstar Mortgage, LLC)

Minutes note: Atty. Jennifer Collins present. The property is a candidate for condemnation and the city will seek to condemn it if it is returned to the former owner.
RECOMMENDED FOR ADOPTIONPass5:0 Action details Not available
090494 013.ResolutionSubstitute resolution authorizing the return of real estate located at 1810-1812 S. 23rd St., in the 8th Aldermanic District to its former owner. (Gaspar Guerrero)

Minutes note: Property must be recorded prior to non on September 21.
RECOMMENDED FOR ADOPTIONPass4:0 Action details Not available
090497 014.ResolutionSubstitute resolution authorizing the return of real estate located at 3320 N. 11th St., in the 6th Aldermanic District to its former owner. (Homecomings Financial)

Minutes note: Applicant not present.
HELD TO CALL OF THE CHAIRPass4:0 Action details Not available
090498 015.ResolutionSubstitute resolution authorizing the return of real estate located at 3015-3017 N. 6th St., in the 6th Aldermanic District to its former owner. (Homecomings Financial)

Minutes note: Applicant not present.
HELD TO CALL OF THE CHAIRPass4:0 Action details Not available
090498 0 ResolutionSubstitute resolution authorizing the return of real estate located at 3015-3017 N. 6th St., in the 6th Aldermanic District to its former owner. (Homecomings Financial)

Minutes note: Applicant now present.
RECONSIDEREDPass4:0 Action details Not available
090498 0 ResolutionSubstitute resolution authorizing the return of real estate located at 3015-3017 N. 6th St., in the 6th Aldermanic District to its former owner. (Homecomings Financial)

Minutes note: Must record the property prior to noon on September 21.
RECOMMENDED FOR ADOPTIONPass5:0 Action details Not available
090500 016.ResolutionSubstitute resolution authorizing the return of real estate located at 3457 N. 58th St., in the 10th Aldermanic District to its former owner. (Alotta Properties, LLC)

Minutes note: Must file an updated property recording information prior to noon on Sept. 21
RECOMMENDED FOR ADOPTIONPass4:0 Action details Not available
090501 017.ResolutionSubstitute resolution authorizing the return of real estate located at 5406 N. 20th St., in the 1st Aldermanic District to its former owner. (Jacqueline Holmon)

Minutes note: Must file property recording information prior to noon on Sept. 21.
RECOMMENDED FOR ADOPTIONPass4:0 Action details Not available
090502 018.ResolutionSubstitute resolution authorizing the return of real estate located at 421 N. 30th St., in the 4th Aldermanic District to its former owner. (Prestyne Wallace)

Minutes note: Must pay $4,553.09 in delinquent taxes on her other property, $356.88 in pending litter nuisance charges and $75 in recording enforcement fees and record the property prior to noon on Sept. 21.
RECOMMENDED FOR ADOPTIONPass4:0 Action details Not available
090504 019.ResolutionSubstitute resolution authorizing the return of real estate located at 1616-1618 S. Cesar E. Chavez Dr., in the 12th Aldermanic District to its former owner. (Maria de La Luz Hernandez)

Minutes note: Must pay $9,030.60 in delinquent taxes on her other property recording the property and pay the $300 Dept. of Neighborhood Services charge on her other property
RECOMMENDED FOR ADOPTIONPass4:0 Action details Not available
090507 020.ResolutionSubstitute resolution authorizing the return of real estate located at 3015 N. 12th St., in the 6th Aldermanic District to its former owner. (Wacheyne Evans)

Minutes note: Must pay $4,746.05 in delinquent taxes on his other property and pay $50 in reinspection fees on the other property and record the property by September 21 at noon.
RECOMMENDED FOR ADOPTIONPass3:0 Action details Not available
090529 021.ResolutionSubstitute resolution authorizing the return of real estate located at 2180 S. Robinson Ave., in the 14th Aldermanic District to its former owner. (Robert Heffernana, Agent for Berland/Heffernan, Inc.)

Minutes note: Must pay $1,621.40, $8,551.64 and $4,009.58 in delinquent taxes on the other properties record this property by noon on September 21 and pay the Department of Neighborhood Services $125
RECOMMENDED FOR ADOPTIONPass4:0 Action details Not available
090530 022.ResolutionSubstitute resolution authorizing the return of real estate located at 4656 N. 49th St., in the 7th Aldermanic District to its former owner. (Kelley Whiteley, Agent for Wilshire Credit Corporation)

Minutes note: Applicant must pay $900 in pending recording enforcement fees and record the property prior to noon on September 21.
RECOMMENDED FOR ADOPTIONPass4:0 Action details Not available
090572 023.ResolutionSubstitute resolution authorizing the return of real estate located at 1420 W. Arthur Ave., in the 12th Aldermanic District to its former owner. (CitiFinancial Services Company)

Minutes note: Property must be recorded prior to September 21 at noon.
RECOMMENDED FOR ADOPTIONPass4:0 Action details Not available
090580 024.ResolutionSubstitute resolution authorizing the return of real estate located at 1680 S. Pearl St., in the 12th Aldermanic District to its former owner. (Stacy Edekter, Agent for GMAC Mortgage, LLC)

Minutes note: Applicant not present.
HELD TO CALL OF THE CHAIRPass4:0 Action details Not available
090581 025.ResolutionSubstitute resolution authorizing the return of real estate located at 2931-2933 N. 2nd St., in the 6th Aldermanic District to its former owner. (Dennis Miskowski)

Minutes note: Applicant must pay $843.75 in litter and nuisance charges and $75 in recording enforcement fees, record the property and pay any delinquent taxes on the N. Green Bay property by noon on September 21.
RECOMMENDED FOR ADOPTIONPass4:0 Action details Not available
090582 026.ResolutionSubstitute resolution authorizing the return of real estate located at 3117 W. Vine St., in the 15th Aldermanic District to its former owner. (Xa Yang)

Minutes note: Applicant must record the property prior to noon on September 21 and pay related charges by noon on September 21.
RECOMMENDED FOR ADOPTIONPass4:0 Action details Not available
090619 027.ResolutionSubstitute resolution authorizing the return of real estate located at 3730 N. Port Washington Ave., in the 6th Aldermanic District to its former owner. (M&I Marshall & Ilsley Bank)

Minutes note: Applicant not present
HELD TO CALL OF THE CHAIRPass4:0 Action details Not available
090620 028.ResolutionSubstitute resolution authorizing the return of real estate located at 3332-3332A N. 22nd St., in the 6th Aldermanic District to its former owner. (Pinnacle Trust Services)

Minutes note: Must pay $900 in pending Dept. of Neighborhood Services and record the property prior to noon on September 21.
RECOMMENDED FOR ADOPTIONPass4:0 Action details Not available
090621 029.ResolutionSubstitute resolution authorizing the return of real estate located at 5205D S. 13th St., in the 13th Aldermanic District to its former owner. (Todd Brunner)

Minutes note: Applicant not present, owns approximately 140 properties. The majority with delinquent taxes.
RECOMMENDED FOR PLACING ON FILEPass4:0 Action details Not available
     Items below will be heard no earlier than 3:15 P.M.:    Not available
090386 030.ResolutionResolution relating to the claim of Southeastern Pediatric & Adolescent Medicine for property damage. (5th Aldermanic District)

Minutes note: Claimant not present.
RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENTPass5:0 Action details Not available
090434 031.ResolutionAppeal of Hall Chrevrolet Co., Inc. for loss of property.RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENTPass3:0 Action details Not available
090487 032.ResolutionResolution relating to an appeal from John Zanger for property damage. (2nd Aldermanic District)

Minutes note: Will try to work out an agreement with the City Attorney's Office
HELD TO CALL OF THE CHAIRPass3:0 Action details Not available
090514 033.ResolutionResolution relating to an appeal from Nationwide Insurance on behalf of Joseph and Susan Boucher for property damage.

Minutes note: Claimant not present.
RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENTPass3:0 Action details Not available
090388 034.ResolutionResolution relating to the claim of Timothy Lock, Agent for Farmers Insurance on behalf of Robert Williams for property damage. (7th Aldermanic District)

Minutes note: Claimant not present.
RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENTPass3:0 Action details Not available
090398 035.ResolutionSubstitute resolution relating to an appeal from Eric Johnson for property damage.

Minutes note: Grant in the amount of $1,246.79.
SUBSTITUTEDPass2:1 Action details Not available
090398 1 ResolutionSubstitute resolution relating to an appeal from Eric Johnson for property damage.RECOMMENDED FOR ADOPTIONPass2:1 Action details Not available
090397 036.ResolutionResolution relating to the appeal of Jennifer and Thomas Grieve for property damage.RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENTPass4:0 Action details Not available
090505 037.ResolutionResolution relating to an appeal from Amy Lynn Guerrero for property damage.

Minutes note: Claimant not present.
RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENTPass4:0 Action details Not available
090476 038.ResolutionResolution relating to the claim of Atty. Daniel Stevens on behalf of Jeslia Barajas for property damage. (12th Aldermanic District)

Minutes note: Claimant not present.
RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENTPass4:0 Action details Not available
090475 039.ResolutionResolution relating to the claim of Atty. Daniel Stevens on behalf of Deslie Lawrence for property damage. (2nd Aldermanic District)RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENTPass4:0 Action details Not available
090474 040.ResolutionResolution relating to the claim of Atty. Daniel Stevens on behalf of Gloria Coleman for property damage. (2nd Aldermanic District)RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENTPass4:0 Action details Not available
090473 041.ResolutionResolution relating to the claim of Atty. Daniel Stevens on behalf of Danielle Shakoor for property damage. (2nd Aldermanic District)RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENTPass4:0 Action details Not available
090472 042.ResolutionResolution relating to the claim of Atty. Daniel Stevens on behalf of James & Nora Luster for property damage. (2nd Aldermanic District)RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENTPass4:0 Action details Not available
090506 043.ResolutionResolution relating to an appeal from Bernice Lewis for property damage. (6th Aldermanic District)RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENTPass3:0 Action details Not available
090570 044.ResolutionResolution relating to an appeal from Kambi Washington for property damage. (6th Aldermanic District)RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENTPass3:0 Action details Not available
090583 045.ResolutionResolution relating to an appeal from Linda Collins for property damage. (14th Aldermanic District)RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENTPass3:0 Action details Not available
090391 046.ResolutionSubstitute resolution relating to a claim of Emma Nash for property damage.

Minutes note: Held so the claimant can provide written proof from a plumber or a videotape showing that the lateral was incorrectly attached to the main.
HELD TO CALL OF THE CHAIRPass3:0 Action details Not available
080890 047.ResolutionResolution relating to the claim of Bobbie J. Lathan for property damage. (1st Aldermanic District)

Minutes note: Claimant not present.
RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENTPass3:0 Action details Not available
     4:00 P.M.    Not available
090310 048.ResolutionSubstitute resolution relative to various legislative bills.

Minutes note: Individuals present: Jennifer Gonda and Steve Kwaterski- Intergov. Relations Captain Gacek - Milwaukee Police Dept. Ald. Witkowski moves for support of AB-269. Prevailed. 3-0 Individuals present: Kristine Hinrichs - Municipal Court John Heinen and Adam Stephens - City Attorney's Office Ald. Bohl moves for opposition to AB-340. Prevailed. 3-0 Ald. Bohl moves to hold SB-240/AB-353 to the call of the chair. Prevailed. 3-0 Ald. Bohl moves for support of AB-403/SB-282. Prevailed. 3-0 Ald. Bohl moves for support to change the library quorum requirements to be either seven members or a majority of the filled seats and to remove the requirement that the County Executive appt. must live in the county, but cannot live in the city. Prevailed. 3-0
SUBSTITUTEDPass3:0 Action details Not available
090310 1 ResolutionSubstitute resolution relative to various legislative bills.RECOMMENDED FOR ADOPTIONPass3:0 Action details Not available
090310 1 ResolutionSubstitute resolution relative to various legislative bills.

Minutes note: To hear why SB-240/AB-353 was held.
RECONSIDEREDPass3:0 Action details Not available
090310 1 ResolutionSubstitute resolution relative to various legislative bills.RECOMMENDED FOR ADOPTIONPass3:0 Action details Not available
090590 049.ResolutionResolution directing the Intergovernmental Relations Division-Department of Administration to seek introduction and passage of state legislation amending the neighborhood improvement districts law with respect to mail notification of the city plan commission public hearings on the proposed creation or termination of a neighborhood improvement district.

Minutes note: Held as the sponsor not present.
HELD TO CALL OF THE CHAIRPass3:0 Action details Not available
090600 050.AppointmentReappointment of Lillian Carter-Pounds to the Deferred Assessment Board by the Mayor. (9th Aldermanic District)RECOMMENDED FOR CONFIRMATIONPass3:0 Action details Not available
090467 051.AppointmentReappointment of Robert Spindell, Jr., to the Election Commission by the Mayor. (3rd Aldermanic District)

Minutes note: This matter was taken up out of order at 4:12 P.M. as Mr. Spindell was present.
RECOMMENDED FOR CONFIRMATIONPass4:0 Action details Not available
     The following files may be placed on file as no longer needed:    Not available
060331 152.ResolutionSubstitute resolution directing the Election Commission to place an advisory referendum on the consolidation of certain City of Milwaukee and Milwaukee County government functions on the November 7, 2006, ballot.RECOMMENDED FOR PLACING ON FILEPass3:0 Action details Not available
070678 053.ResolutionResolution authorizing the remission of the real estate taxes, for the tax year 2005 and 2006 in the amount of $25,184.62, for the properties conveyed from K&L Trust and Kohl et al. to the Milwaukee County.RECOMMENDED FOR PLACING ON FILEPass3:0 Action details Not available
080396 054.ResolutionResolution authorizing settlement of US Oil v. City, tax assessment case.RECOMMENDED FOR PLACING ON FILEPass3:0 Action details Not available
080605 055.ResolutionResolution approving and authorizing the settlement of judgment for delinquent taxes entered on behalf of the City of Milwaukee by the Kohn Law Firm against Golden Marina Causeway LLC.RECOMMENDED FOR PLACING ON FILEPass3:0 Action details Not available
081216 056.ResolutionResolution relating to introduction of state legislation to permit use of Tax Incremental District funds to finance infrastructure improvements citywide.RECOMMENDED FOR PLACING ON FILEPass3:0 Action details Not available
081217 057.ResolutionResolution urging the State of Wisconsin to allocate a portion of the state gasoline tax on gasoline sold in the City of Milwaukee to fund infrastructure improvements citywide.RECOMMENDED FOR PLACING ON FILEPass3:0 Action details Not available
081685 058.ResolutionResolution appropriating funds from the 2009 Common Council Contingent Fund to the Remission of Taxes Fund for settlement of three lawsuits (Servite, Rainbow, & Riverwood) against the City of Milwaukee regarding their 2006, 2007, and 2008 tax assessments.RECOMMENDED FOR PLACING ON FILEPass3:0 Action details Not available