| 200 E. Wells Street |
| Milwaukee, Wisconsin |
| 53202 |
| ALD. MICHAEL S. D'AMATO, CHAIR |
| Ald. Donald F. Richards, Vice Chair |
| Ald. Marlene E. Johnson-Odom, Ald. Michael J. Murphy, |
| Ald. Fredrick G. Gordon |
| Staff Assistant, Kathleen Marquardt, 286-2231, |
| Fax: (414) 286-3456, E-mail: kmarqu@milwaukee.gov |
| File Specialist, Marian Hartner, 286-3926, E-mail: mhartn@milwaukee.gov |
| *Italicized comments following the titles of Council files are explanatory only and not intended to limit the scope |
| of the debate or any possible amendments. |
| Resolution authorizing the Third Amendment to Collection Services for |
| Receivables of the City of Milwaukee dated January 7, 2002. (City Attorney) |
| Resolution authorizing payment of the claim of St. Hyacinth Church & The |
| Archdiocese of Milwaukee, File No. 02-S-367. (City Attorney) |
| Resolution authorizing settlement and release of the YMCA of Metropolitan |
| Milwaukee, Inc. in connection with claims related to the property located at |
| 2620-2622 N. 15th Street in the City of Milwaukee. |
| Resolution authorizing settlement and cancellation of the City of Milwaukee's |
| subrogation claim against Juan Velez, Jr. for payments made pursuant to the City's |
| Basic Health Plan. |
| Resolution authorizing settlement and cancellation of the City of Milwaukee's |
| subrogation claim against Bruce Duszynski for payments made pursuant to the |
| City's Basic Health Plan. |
| Resolution authorizing settlement and cancellation of the City of Milwaukee's |
| subrogation claim against Edward Stenzel for payments made pursuant to the City's |
| Basic Health Plan. |
| Resolution authorizing settlement and cancellation of the City of Milwaukee's |
| subrogation claim against Deborah Bett for payments made pursuant to the City's |
| Basic Health Plan. |
| Resolution authorizing the City to enter into a license agreement with the American |
| Society of Composers, Authors and Publishers (“ASCAP”) allowing for the public |
| performance on City premises and at City events and functions, of musical |
| compositions in the ASCAP repertory. (City Attorney) |
| Appeal of Hope Ellyn Good relative to a claim for property damage. (15th |
| Aldermanic District) |
| ---City Attorney denied this $756.42 claim for auto damage. Investigation reveals |
| that the Fleet Division has no records relative to claimant's vehicle damage |
| allegedly caused by a City vehicle. Since no City driver has reported colliding with |
| the vehicle, and claimant is unable to provide any information with respect to a |
| City vehicle identification or license plate number, the City is unable to verify a |
| City vehicle was involved. |
| Appeal of Craig Calewart relative to a claim for property damage. (13th |
| Aldermanic District) |
| ---City Attorney recommends denial of this $490.16 property damage claim. |
| Investigation reveals that Sanitation received a call from the claimant on October |
| 28, 2002 regarding this alleged incident. The crew that serviced the claimant's |
| home does not recall bumping against anything while moving the recycling cart. |
| There were no witnesses to this alleged incident. The claimant provided no |
| evidence to support his allegation; therefore in the absence of proof to the |
| contrary, we must take credence in the testimony of the collection crew. |
| Appeal of Genell Stribling relative to a claim for property damage. (1st Aldermanic |
| District) |
| ---City Attorney denied this $250 claim for property damage. Investigation reveals |
| that the sewer in question was on a three year cleaning schedule. The sewer was |
| cleaned on November 29, 2001. The sewer was on a regular cleaning schedule and |
| the City did not have any notice of any problems with the sewer. |
| Communication from the City Attorney's Office transmitting a communication |
| from Patrick and Charlene Buckner relative to a claim for property damage. |
| ---City Attorney recommends denial of this $18,443.37 claim for property damage. |
| The office of the Assessor information notes claimants were not the owners of |
| record at the time of the loss. Investigation reveals that Infrastructure records |
| indicate that they did not investigate a backwater at this address. They did |
| investigate a backwater at 3424 S. Ahmedi on May 14, 2003, and found that the |
| City sewer was collapsed. The sewer was approximately 3 to 4 feet below the |
| excavation for the leak, making it very unlikely that it would have been damaged |
| when the leak was repaired. The sewer did not back-up until five days after the |
| repairs to the leak were completed. The ground under the leak was firm at the time |
| of repair, this indicated that the leak had not affected the ground between the |
| service and the sewer. |
| Communication from the City Attorney's Office transmitting a communication |
| from Vanessa Ballou-Mims relative to a claim for property damage. |
| ---City Attorney recommends denial of this $34,166 claim for property damage. |
| Investigation reveals that the Water Works indicate they received notice of a |
| possible main break and flooding conditions at this address at approximately 11:55 |
| AM on February 26, 2003. Water Works investigators were immediately |
| dispatched to the scene, where they reported an 8 inch main break and completed |
| an emergency shut-off by approximately 1:19 PM. The main was repaired and |
| returned to service by 8:07 PM on the same day. |
| Communication from the City Attorney's Office transmitting a communication |
| from Pam Moore, Subrogation Specialist for CNA Insurance Company on behalf of |
| Journey House, Inc. relative to a claim for property damage. |
| ---City Attorney recommends denial of this $33,488.33 property damage claim. |
| Investigation reveals that this claim was filed on March 14, 2003. Wisconsin |
| Statute 893.80(1)(a) require that a claim must be filed within 120 days after the |
| happening of the event giving rise to the claim. The claim was not filed timely. In |
| addition, the Milwaukee Water Works records indicate that they were informed of a |
| possible water main break at approximately 8 AM on September 23, 2002. A Water |
| Works investigator was dispatched to the scene, confirmed a break and proceeded |
| to shut off water. This was completed by 9:45 AM. A Distribution repair crew |
| arrived at 10 AM and completed repairs by 1 PM. |
| Communication from the City Attorney's Office transmitting a communication |
| from attorney Alan Eisenberg on behalf of Gail Rulle and James Harsh relative to a |
| claim for property and punitive damages. |
| ---City Attorney recommends denial of this $1,000,000 claim for property and |
| punitive damages. Investigation reveals that the police were sent to investigate an |
| entry in progress at 3100 W. Sheridan Avenue. This location is adjacent to the |
| claimant's residence. They were attempting to secure the rear and side of the |
| property when the unrestrained dog, later identified as a 4 1/2 year old German |
| Shepherd, charged towards an officer. The officer had no plausible escape route |
| and believed that the dog was about to attack him. The officer fired one shot |
| wounding the dog, but the dog continued to advance. The officer fired several |
| more shots until the dog ran away. The dog later died. |
| Communication from the City Attorney's Office transmitting a communication |
| from attorney Michael J. Hanrahan on behalf of Michael and Marla Flynn relative |
| to a claim for personal injuries. |
| ---City Attorney recommends denial of this $150,000 claim for personal injuries. |
| Investigation reveals that the Milwaukee Police were dispatched to the Times |
| Square store in the Grand Avenue Mall regarding trouble with a man complaint. |
| Mr. Flynn had a dispute with a store employee relative to a merchandise return |
| policy. Mr. Flynn utilized his cell phone and dialed 911. The police officers on |
| scene determined Mr. Flynn was going to receive a municipal citation for misuse of |
| Emergency 911. The officers on scene agreed to convey Mr. Flynn and his |
| daughter to search the garage for his vehicle. One of the officers recalls Mr. Flynn |
| walked towards the squad with a noticeable limp. While being conveyed in a police |
| vehicle, the transporting officer slowed and turned off W. Michigan St. into the |
| Grand Avenue Mall parking structure. In the process, the officer heard an |
| "exaggerated thump" on the back of the driver's seat and an "exaggerated ow". |
| The transporting officer stated the turn was made properly and none of the |
| occupants in the squad had any problems due to the turning maneuver. |
| Communication from the City Attorney's Office transmitting a communication |
| from Mohammad Ali relative to a claim for DNS abatement charges. |
| ---City Attorney recommends denial of this $10,000 claim for DNS abatement |
| charges. DNS records indicate this claim references 2 separate properties: 2023 |
| and 2011 S. Kinnickinnic Ave. DNS records note landscape orders were written |
| on May 23, following the private razing of structures on each parcel. On June 11, |
| 2001, the owner was contacted via phone and the orders were explained per |
| departmental procedures. The compliance time was extended to July 21, 2001 due |
| to a Board of Zoning approval to re-develop the site. On October 31, 2001, the |
| orders were referred for City contractor abatement after Board of Zoning approval |
| lapsed and attempts to contact owner were unsuccessful. On December 10, 2001, a |
| landscape contractor returned their estimate to complete removal of debris, fill, |
| grade and landscape the site. The owner again was contacted and he indicated he |
| would contact the City by December 12, 2001, with a plan to resolve issues in |
| question. The property owner failed to contact the City and on December 13, 2001, |
| the City contractor abated the site per the issued orders. |
| Appeal of Jeff Lahmann relative to a claim for re-inspection fees. (12th Aldermanic |
| District) |
| ---City Attorney denied this $2,400 claim for re-inspection fees. The Department of |
| Neighborhood Services records indicate Robert Lahmann was issued an order on |
| November 15, 2000 for 16 exterior violations. He was granted 3 extensions on said |
| order. The order was placed on monthly inspections as of June, 2001. The |
| department denied the appeal. The monthly re-inspection fees continued to accrue |
| until the ownership was changed to claimant's name. |
| Appeal of Carlos Rodriguez relative to a claim for loss of property. (12th |
| Aldermanic District) |
| ---City Attorney offered the claimant $300 for the items which were removed from |
| the property. In their opinion, the mo-ped parts and desks stored outside are worth |
| only salvage values. |
| Appeal of Mohammad Hasan relative to a claim for health abatement charges. (10th |
| Aldermanic District) |
| ---City Attorney denied this $182 claim for health abatement/litter nuisance |
| charges. DNS reported that on August 16, 2002, an inspection was completed at |
| this property, and it revealed a litter nuisance. An order for clean-up was posted |
| on the premises and subsequently mailed to the listed owner, Bhajan Singh. A |
| re-inspection of the property was completed on August 26, 2002. The re-inspection |
| revealed a litter nuisance was present and in the same condition. The DNS hired a |
| contractor to perform a cleanup on September 5, 2002. The litter nuisance charges |
| should have been dealt with as part of the sale of the property. |
| Appeal of Robert Robinson relative to a claim for tow and storage fees. (11th |
| Aldermanic District) |
| ---City Attorney denied this $895 claim for towing and storage charges. |
| Investigation reveals this vehicle was placarded on June 25, 2003, due to a citizen |
| complaint. On June 25, 2003, the DPW sent claimant a notice stating he had 24 |
| hours to move this vehicle or it would be towed. The notice was sent to the address |
| on record with the WISDOT, 1721 Tiffany Drive, Racine, WI. The DPW returned |
| to the location on June 28, 2003, and found the vehicle had not been moved and |
| was in the same location. The vehicle was then processed for towing, which was |
| completed on June 29, 2003. The City tow lot sent their standard tow letter to the |
| listed owner at the address on Tiffany Dr. in Racine on record with the WISDOT. |
| The tow lot records indicate the tow and storage fees as of August 8, 2003 are |
| $895. The charges increase by $20 per day until claimant picks the vehicle up or |
| the tow lot disposes of it. The tow lot placed a hold on the vehicle and did not |
| dispose of it until September 1, 2003. Notice was properly given. |
| Appeal of Carla Ramirez relative to a claim for property damage. (3rd Aldermanic |
| District) |
| ---City Attorney denied this $440.18 claim for property damage. Investigation |
| reveals this vehicle was towed for Obvious Disrepair. The City of Milwaukee Tow |
| Lot records indicate the vehicle had dents, scratches and rust throughout the body. |
| The dents near the lower area of the vehicle indicate the undercarriage of the |
| vehicle was probably damaged prior to the tow. It was noted the type of exhaust |
| system damage claimant's allege had never been seen by the tow lot during the |
| routine towing of the vehicle. The tow lot manager indicated the Obvious |
| Disrepair citation had been issued and was attached to the vehicle. |
| Appeal of James Fields relative to a claim for tow lot costs. (6th Aldermanic |
| District) |
| ---City Attorney offered the claminant $95, the cost of the tow, plus 3 days of |
| storage, for a total of $155. Any other costs are the claimants responsibility. |
| Claimant chose to appeal the offer of the City Attorney. |
| Communication from the City Attorney's Office transmitting a communication |
| from Florine Hicks relative to a claim for personal injuries by defamation of |
| character. |
| ---City Attorney recommends denial of this $46,318.88 claim for personal injuries |
| by defamation of character. Investigation reveals that the Kohn Law Firm, on |
| behalf of the City did file a Summons and Complaint against |
| Willie Fowlkes and Florine Hicks as being owners of the property which owed |
| delinquent taxes. The Kohn Law Firm did obtain substitute service. On March 18, |
| 2002 a judgment was entered against Ms. Hicks. On May 2, 2003 they received a |
| Motion to Reopen filed by Ms. Hicks. They immediately contacted Ms. Hicks, |
| reviewed the matter, realized the service was faulty and took action to correct this. |
| On June 11, 2003, an amended order to vacate the judgment with prejudice was |
| entered. There is no evidence that this has injured her. |
| Substitute resolution expressing Common Council opposition to the negotiation |
| of a Free Trade Area of the Americas (FTAA) agreement and urging |
| Wisconsin's U.S. Congressional delegation to support trade agreements which |
| protect sovereignty and strengthen labor and environmental standards. |
| PLEASE NOTE: If you have difficulty understanding the English language, you should bring an |
| interpreter with you, at your own expense, so that you may answer questions and participate in |
| the hearing. |
| Upon reasonable notice, efforts will be made to accommodate the needs of persons with |
| disabilities through sign language interpreters or auxiliary aids. For additional information or to |
| request this service, contact the Council Services Division ADA Coordinator at 286-2231, |
| (FAX)286-3456, (TDD)286-2025 or by writing to the Coordinator at Room 205, City Hall, 200 E. |
| Wells Street, Milwaukee, WI 53202. |