Updates & Week of Dec. 2 Meetings of Interest for District 2

District 2

Alder Patrick Heck

Alder Heck’s Updates

November 30, 2019 10:39 AM

District 2 Updates and Meetings of Interest

Steering Committee Meeting to Evaluate 126 Langdon Street Proposal

Neighbors are invited to a steering committee meeting Monday, Dec. 2, from 7:00 pm to 8:30 pm at Kennedy Manor, 1 Langdon St. The committee will be discussing Core Spaces' proposed development for 126 Langdon St, formerly occupied by a vacant 7-story building.

At this first meeting of the steering committee, the developers will not be present. This will be an opportunity for neighbors and others to speak freely without concern for biasing or offending the development team. Your input in the steering committee process will help improve the quality and character of the proposal.

Two more meetings are scheduled with the developers on Dec. 16 and sometime in early January, although there could be additional meetings. Let me know if you'd like to receive meeting announcement emails.

The developer's Oct. 30 informational presentation to the Urban Design Commission can be found here. Note that the proposal is expected to change from that Oct. 30 presentation. Core Spaces is currently planning on another informational presentation to UDC on Dec. 11, with formal consideration by UDC and Plan Commission in February. The Oct. 30 city staff report to UDC is here; a Madison.com article on the proposal is here, and an Isthmus article can be found here.

Dec. 2 Informational Meeting on Liquor License Application at Grace Coffee East

Please join me and the owners of Grace Coffee East, for a meeting where we will hear about their application for a Class B Beer & Liquor license. The proposed liquor license will be at their soon-to-open coffee shop at 1216 E. Washington Avenue (formerly Stone Creek Coffee) that is proposed to close each night no later than 9:00 p.m. At the informational meeting you will have the opportunity to ask questions, provide feedback, see their facilities, and learn about their business.

Meeting Details:

Monday, December 2, 2019
5:00-7:00 p.m.
1216 E. Washington Avenue

If you are unable to attend, please email me with your thoughts and input or consider attending the Dec. 18 Alcohol Licensing Review Committee meeting when they will consider the application.

Update on Salvation Army Redevelopment Proposal

As detailed in this article from Madison.com, an appeal petition has been filed that challenges the Plan Commission's approval of the demolition and various conditional uses for the Salvation Army redevelopment. Per city ordinance, the appeal was filed by neighbors nearest to the Salvation Army redevelopment proposal's location at 630 E. Washington, 648 E. Washington, and 12 N. Blount St.

A key step in the appeal process is that 20% of those who own property within 200' of the proposal site had to have signed the petition. The City Attorney's Office and Planning Division staff will assess whether or not the petition and signatures that were submitted are valid. If the petition is valid, Common Council will consider the appeal at a future Council meeting (likely on Jan. 7, 2020) with a 2/3rds vote required to overturn the Plan Commission's approvals.

Despite the appeal, at the Dec. 3 Common Council meeting the Salvation Army's request for $500k from the City's affordable housing fund will be up for approval. That allocation was approved by the Finance Committee on Nov. 25 and would provide some of the financing needed for the affordable housing apartment building proposed for E. Mifflin Street. The Salvation Army's application for WHEDA tax credits for the apartment building is expected to be submitted on Dec. 6 with an early spring decision anticipated. The Salvation Army will also conduct a capital campaign for the proposed new shelter if the proposal moves forward.

Whether the redevelopment moves forward or not, early next year I plan to organize an ongoing effort where stakeholders can come together. If the shelter stays in its current configuration or if the redevelopment proceeds, it is clear that the Salvation Army, neighbors, the city, MPD, and all stakeholders need to build better and permanent relationships asap. Many of the operations and safety concerns that have been identified by nearby neighbors need to be better addressed. I believe that there are opportunities to work together in developing better protocols and systems to help neighbors, the Salvation Army, and its guests.

PFAS Test Information Available From Water Utility

Madison Water Utility water quality manager Joe Grande has put together a summary and analysis of all PFAS drinking water testing in Madison conducted in 2019. This was the first year MWU used advanced methods to test all 23 municipal wells looking for low to ultra-trace levels of PFAS compounds. We will test all wells again starting in spring of 2020.

You can find the report on our website: 2019 Monitoring & Analysis Report. To receive all lab reports generated during 2019 PFAS testing (about 300 pages), email water@madisonwater.org.

For more information about drinking water testing for PFAS, head to their website: Madisonwater.org/PFAS.

Get a Sneak Peak of the Future Public Market Home!

This holiday season, the Madison Public Market team is opening the doors of the future home in the Fleet Services Building for a special holiday event!

Saturday, Dec. 14th they are hosting a festive holiday market from 11am – 3pm. Not only will you get a look inside the Market's future home, but you'll also have a chance to meet many local merchants, musicians and more.

This free event will feature holiday-themed performances, crafts for the little ones by Madison Public Library, and a special visit from our favorite sleigh-rider. Stop by to mingle with your Madison neighbors, stock up on last-minute gifts, and warm up with some of Madison's one-of-a-kind lunch and snack items for purchase. We hope to see you there! For more event details and updated information, join us on Facebook.

Dec. 9 Tenney-Lapham Transportation and Safety Meeting

The TLNA Transportation and Safety Committee is inviting neighbors to attend the second of two meetings to document concerns with and solutions for traffic safety in our neighborhood. This second meeting will be held Dec. 9 at 7:00pm in the Festival Foods 2nd floor conference room.

At this meeting the group will review the list of traffic issues and solutions and prioritize them as a neighborhood. The results will be reported to the TLNA Council meeting on Dec. 12 and a request for support from the council will be made at that time. In January, TLNA will take the Traffic Calming Plan to City Traffic Engineering to start the work of implementing the items on the list.

Note that Traffic Engineering already has a long list of traffic and traffic calming requests that I have relayed to them from District 2 neighbors. I have also sent those on to the TLNA Transportation and Safety Committee because I find it difficult and inefficient for me to take a piecemeal approach to the dozens of requests I receive on these subjects. The TLNA Committee's work constitutes a public process to help determine which requests are most feasible and which are most desirable given the city's budget situation and limited staff time. Drop me an email if you have a solution that TLNA should consider; I'll forward it on to them.

If you live in District 2, but outside of Tenney-Lapham, I'd be glad to help your area undertake a similar exercise.

____________________________

City Meetings of Interest to District 2

Below are some pertinent agenda items from various city committees that are meeting this week.

The city meeting agenda items are open for testimony from the public should you be interested in weighing in. I also appreciate hearing from you on any items on which you have a particular interest or concern so please send me an email or give me a call.

Also, committees and commissions have an opportunity at the beginning of each agenda for Public Comment on items not on the agenda. If you have something you want to share with a committee or commission, you can use the Public Comment time to do so

____________________________

Transportation Policy and Planning Board: Agenda

5:00pm, Monday, Dec. 2, 2019

Rm 201 City-County Building

E. BUSINESS

Agenda Item E4

Creating Section 12.177(5) of the Madison General Ordinances to conditionally repeal the Motor Vehicle Registration Fee if funding is provided by a Regional Transit Authority.

DRAFTER'S ANALYSIS: This ordinance would amend the newly created Motor Vehicle Registration Fee (effective 2-1-2020) ordinance by adding in a conditional repeal provision which would eliminate the City's Motor Vehicle Registration Fee (MVRF) if a regional transit authority (RTA) was created that would provide adequate replacement funding for transit needs that are to be supported by the City's MVRF. A Dane County RTA was initially authorized during the 2009 State budget process (2009 Act 28) and subsequently established. The Dane County RTA was a separate governing body that was able to impose up to a .5 percent sales tax to support transportation needs, including the establishment of bus rapid transit, of the region. However, in the 2011 budget process (2011 Act 32), the State eliminated the ability to create a RTA and dissolved the Dane County RTA over the City's formal opposition (RES-11-00148). Subsequent efforts to revive the ability create a Dane County RTA at the State level have been unsuccessful, although the City has established goals for any future RTA that may be authorized (RES-17-00170). Legislative efforts remain ongoing. If adopted, this ordinance would automatically repeal the City's MVRF if a Dane County RTA was again established and was able to provide adequate replacement funding to the City's transit services and the shift in funding sources would not jeopardize any grant or other revenue sources.
This ordinance shall be effective February 1, 2020.

Agenda Item E5

DOT Beltline Proposals

Note: This is WisDOT's proposal to allow traffic on the inside shoulders of the Beltline between the Interstate and Whitney Way at rush hour and during backups due to crashes or construction. City Transportation Director Tom Lynch's memo on interchange improvements at US 12/18 and County AB that serves Ho-Chunk property east of I-39 and on Dynamic Part-Time Shoulder Use is here.

Note: Also on Madison Area Transportation Planning Board agenda (see below).

Agenda Item E6

Complete Streets Scoping Discussion

Agenda Item E7

Downtown BRT Station/Routing Update (Decision in Jan or Feb)

Agenda Item E8

TDM & MOAPS Update

Note: This an update on two ongoing city efforts: Transit Demand Management and Madison Ordinance Analysis of Parking Strategies. MOAPS is a study of our street parking system, including the Residential Parking Permit system and strategies for dealing with increasing demand.

Agenda Item E9

Vision Zero Update

____________________________

City-County Homeless Issues Committee: Agenda

6:30pm, Monday, Dec. 2, 2019

Rm 357 City-County Building

C. PRESENTATIONS

1. F-35 Proposal and its Potential Impact on Housing-Jesse Pycha-Holst (Solidarity Realty), Michelle Drea (City of Madison Assessor's Office), Alder Rebecca Kemble

D. ACTION ITEMS

1. Discussion and Possible Action on the F-35 Proposal

____________________________

Common Council Executive Committee: Agenda

4:30pm, Tuesday, Dec. 3, 2019

Rm 153 Madison Municipal Building

DISCUSSION WITH THE MAYOR

Agenda Item 1

Discussion with Mayor Rhodes-Conway (12/3/19) - Climate Resilience
- Transportation Funding
- PFAS Update

PRESENTATIONS

Agenda Item 2

City Engineering Presentation: Stormwater Ordinance Changes

Note: This item includes reviews of 2018's lake flooding and flash flooding, current storm water requirements in new development, and a proposed update to those requirements that could reduce storm water runoff.

Agenda Item 7

President's Work Group on Council Communication Tools & Processes - Feedback on Blogging Tool

____________________________

Common Council: Agenda

6:30pm, Tuesday, Dec. 3, 2019

Rm 201 City-County Building

PRESENTATIONS

Agenda Item 1

Presentation: Poetry Recitation by Sofia Snow (UW-Madison student with the First Wave program)

HONORING RESOLUTIONS

Agenda Item 2

Honoring and Commemorating the Life of City of Madison Mayor Joel Skornicka.

Agenda Item 3

Recognizing the dedicated service and outstanding achievements of Oscar Mireles during his tenure as Madison Poet Laureate.

Agenda Item 4

Awarding the 13th Annual Jeffrey Clay Erlanger Civility in Public Discourse Award to Patty Prime.

Agenda Item 5

Wishing the delegation of Madisonians visiting our Sister City, Camagüey, Cuba, in January 2020 much success in their endeavors to maintain the links of friendship between our communities and calling for a Return to Engagement as policy in US-Cuba relations.

RECESSED PUBLIC HEARINGS - BEGIN AT 6:45 PM

APPEAL

Agenda Item 10

Appeal of Madison Landmarks Commission finding of Demolition by Neglect of a Designated Madison Landmark in the Mansion Hill Historical District regarding 121 Langdon Street.

Note: On Nov. 11 the Landmarks Commission referred this appeal to Common Council with a finding that demolition by neglect was occurring and, despite the required building work now being complete, the site work related to the foundation and landscaping was not completed by the Nov. 1, 2019, deadline.

PUBLIC HEARINGS - BEGIN AT 6:45 PM

REPORT OF ALCOHOL LICENSE REVIEW COMMITTEE

Agenda Item 14

Public Hearing - New License
Grace Coffee East• dba Grace Coffee
1216 East Washington • Agent: Nicole Bloomer
Estimated Capacity (In/Out): 30-50/10-20
Class B Combination Liquor & Beer • 20% alcohol, 80% food

Aldermanic District 2 (Alder Heck) • Police Sector 407

Note: This item will be referred to the ALRC meeting of Dec. 18

REPORT OF PLAN COMMISSION

Agenda Item 20

Creating Section 28.071(2)(d), amending Sections 28.074(3), 28.075(3), 28.076(3), 28.078(2), and 28.079(2) of the Madison General Ordinances to map specified setbacks in the Downtown and Urban Districts.

Sponsors: Patrick W. Heck and Sally Rohrer

Recent Legislative History

11/25/19 PLAN COMMISSION RECOMMEND TO COUNCIL TO ADOPT - PUBLIC HEARING

Note: This item establishes new and more predictable setback requirements on Langdon Street between Lake St. and Wisconsin Ave. It also provides additional setback in some blocks to preserve views to and from many of the historic structures on Langdon.

Agenda Item 21

Creating Section 28.183(6)(a)17. of the Madison General Ordinances to create a conditional use standard for projections into the capitol view height area.

Sponsors: Patrick W. Heck, Lindsay Lemmer, Marsha A. Rummel and Michael E. Verveer

Recent Legislative History

11/25/19 PLAN COMMISSION RECOMMEND TO COUNCIL TO ADOPT - PUBLIC HEARING

Note: This item creates a new conditional use approval that will be required from Plan Commission for projections into the capitol view height area. Currently, there is no conditional use approval and its accompanying standards of approval when considering proposed projections, which include chimneys, air conditioning equipment, flagpoles, etc.

BUSINESS PRESENTED BY THE MAYOR

ORDINANCES

Agenda Item 24

Amending Sections 9.50(2), (4)(c) and (5)(b) of the Madison General Ordinances regarding the establishment of the City's additional dog license tax.

Sponsors: Satya V. Rhodes-Conway

Legislative History

11/25/19 Attorney's Office Group/Approval RECOMMEND TO COUNCIL TO ADOPT UNDER SUSPENSION OF RULES 2.04, 2.05, 2.24, & 2.25 - REPORT OF OFFICER

Fiscal Note

This ordinance amendment modifies the dog license tax to establish the tax through resolution rather than ordinance. The City's dog license tax is comprised of city and county shares. Under current city and county ordinance, $8.75 of each dog license tax is paid to the County for spayed/neutered dogs and $13.75 for other dogs, with $6.25 of each dog license tax retained by the City. The adopted 2020 county budget increases the county share of the dog tax by $5 (to $13.75 and $18.75, respectively). With this change, the total dog license tax in the city will be $20 for spayed/neutered dogs and $25 for other dogs. Puppy and additional tags fees will also be adjusted accordingly. The revenue from the county dog license tax increase is reflected in the Public Health of Madison and Dane County 2020 budget to pay the cost of the Dane County Humane Society contract.

Agenda Item 25

Amending Section 9.31(2) of the Madison General Ordinances to update the City's cat license fee.

Sponsors: Satya V. Rhodes-Conway
Legislative History
11/25/19 Attorney's Office Group/Approval RECOMMEND TO COUNCIL TO ADOPT UNDER SUSPENSION OF RULES 2.04, 2.05, 2.24, & 2.25 - REPORT OF OFFICER

Fiscal Note

This ordinance amendment increases the cat license by $5. This amendment is a companion change to a $5 increase in the dog license tax (Legistar #58446 and #58448) that was enacted by Dane County and must be collected on all dog licenses issued by the city. The dog and cat license amounts are usually increased at the same time. Revenue from this change is estimated to be $5,000, which will be deposited in the General Fund.

RESOLUTION

Agenda Item 26

Establishing the City's Dog License Tax.

Sponsors: Satya V. Rhodes-Conway Legislative History
11/22/19 Attorney's Office RECOMMEND TO COUNCIL TO ADOPT UNDER SUSPENSION OF RULES 2.04, 2.05, 2.24, & 2.25 - MISC. ITEMS

Fiscal Note
This resolution increases the dog license tax by $5, as a companion to Legistar 58448, which modifies the dog license tax ordinance to establish any increases in the city share of the tax through resolution and allows automatic increases in the dog license tax that are enacted by Dane County. The City's dog license tax is comprised of city and county shares. Under current city and county ordinance and legislation, $8.75 of each dog license tax is paid to the County for spayed/neutered dogs and $13.75 for other dogs, with $6.25 of each dog license tax retained by the City. The adopted 2020 county budget increases the county share of the dog tax by $5 (to $13.75 and $18.75, respectively). With this change, the total dog license tax in the city will be $20 for spayed/neutered dogs and $25 for other dogs. Puppy and additional tags fees will also be adjusted accordingly. The revenue from the county dog license tax increase is reflected in the Public Health of Madison and Dane County 2020 budget to pay the cost of the Dane County Humane Society contract. Without this change in the dog license tax amount collected by the City, General Fund revenues would be reduced by approximately $62,800, as a result of the $5 increase in the required pass through to Dane County.

Agenda Item 29

Report of the Mayor submitting resident committee appointments (introduction 12/3/2019; action 1/7/2020).
Legislative History

11/22/19 Mayor's Office Referred for Introduction Confirm 1/7/20

This item includes:

URBAN DESIGN COMMISSION

RAFEEQ ASAD (2nd A.D.) - reappoint to a three-year term to the position of Design Professional. First appointed 7-19-2016.

TERM EXPIRES: 6-30-2022

REPORTS OF OFFICERS

REPORT OF ALCOHOL LICENSE REVIEW COMMITTEE

ORDINANCE

Agenda Item 31

Amending Section 38.05(3)(a)12. of the Madison General Ordinances to extend the time for issuance of a new license from 90 days to 180 days, after which the license becomes void if the applicant has not obtained an extension of that time period.

Recent Legislative History

11/20/19 ALCOHOL LICENSE REVIEW COMMITTEE RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER

Agenda Item 40

Entity Reorganization
Avenue Restaurant LLC • dba Avenue Club & Bubble Up Bar 1128 E Washington Ave
Class B Combination Liquor & Beer
Aldermanic District 2 (Alder Heck)
Adding 2 new officers and removing 1 officer

Legislative History

11/20/19 ALCOHOL LICENSE REVIEW COMMITTEE RECOMMEND TO COUNCIL TO GRANT - REPORT OF OFFICER

Agenda Items 52, 53, 54

52: Change of Agent, 53: Entity Reorganization, 54: Business Name Change

Matterhorn Ventures Group LLC • dba Roast Public House • 558 State St

New Agent: Brano Kruger
Class B Combination Liquor & Beer

Aldermanic District 2 (Alder Heck)

Legislative History

11/20/19 ALCOHOL LICENSE REVIEW COMMITTEE RECOMMEND TO COUNCIL TO PLACE ON FILE WITHOUT PREJUDICE -REPORT OF OFFICER 53:

Note: These items will be placed on file without prejudice because the applicant changed strategies in order to pursue a new liquor license. More recently, the applicant has chosen not to pursue a new license at this location.

REPORT OF BOARD OF BUILDING CODE, FIRE CODE, AND LICENSING APPEALS

Agenda Item 61

Amending Section 10.28(1) of the Madison General Ordinances to discourage the use of salt for ice removal in very cold temperatures.

Recent Legislative History

11/19/19 BUILDING CODE, FIRE CODE, CONVEYANCE CODE AND LICENSING APPEALS BOARD RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER

REPORT OF BOARD OF PUBLIC WORKS

Agenda Item 68

Authorizing and supporting an application to WisDOT for Federal funding under the 2020-2024 Transportation Alternatives Program (TAP). (Various ADs)

Recent Legislative History

11/20/19 TRANSPORTATION COMMISSION Return to Lead with the Recommendation for Approval to the BOARD OF PUBLIC WORKS

Note: This item is an application for future funding for several TAP projects, including the following:

Create a new E Main St Bike Blvd/Bike Route from Webster to Ingersoll

Improvements on Blount St from new cycletrack to E. Main St.

Design elements dependent on community input

Ensure that development & BRT routing does not negatively impact bicycle & pedestrian access

Agenda Item 74

Approving plans and specifications and authorizing the Board of Public Works to advertise and receive bids for Reynolds Park - Water Utility Rooftop Lighting. (2nd AD)

11/20/19 BOARD OF PUBLIC WORKS RECOMMEND TO COUNCIL TO ADOPT UNDER SUSPENSION OF RULES 2.04, 2.05, 2.24, & 2.25 - REPORT OF OFFICER

Note: This item provides authority for the Parks Department to solicit for bids to construct the security lighting for the courts atop the Reynolds Park water reservoir. See my Nov. 18 alder update for details.

REPORT OF FINANCE COMMITTEE

Agenda Item 80

Authorizing the Mayor and City Clerk to execute a lease with Mullins Family, LLC and Washington Gilman Limited Partnership, allowing for the use of portions of City-owned transportation corridor properties located at 94 S Dickinson St. and 189 S Baldwin St. and a part of inactive E. Main St. right-of-way for private parking purposes. (6th A.D.)

Recent Legislative History

11/25/19 FINANCE COMMITTEE RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER

Note: This item has drawn opposition from some District 2 and District 6 (Alder Rummel) residents who object to (1) this public property being used for car parking and (2) due to the removal of access several years ago to the Yahara River path from the E. Mifflin bike boulevard across property owned by the prospective leaser of the S. Dickinson/S. Baldwin land. Several alders on pertinent committees are aware of these concerns, so if there are options that come forward, I will consider supporting them.

Agenda Item 81

Awarding up to $450,000 from the Affordable Housing Fund to support a rental housing development project, proposed by Stone House Development selected through a City Request for Proposals (RFP) process, that will construct approximately 20 units of rental housing in Madison, affordable to households with incomes at or below 60% of the county median income, and authorizing the Mayor and City Clerk to execute a loan agreement with the project developer.

Recent Legislative History

11/25/19 FINANCE COMMITTEE RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER

Note: This item is for the apartment building that is slated to be constructed atop the parking garage podium at Judge Doyle Square.

Agenda Item 82

Awarding up to $500,000 from the Affordable Housing Fund to support an affordable housing development project, proposed by the Salvation Army of Dane County and selected through a City Request for Proposals (RFP) process, that will construct approximately 40 units of affordable rental housing in Madison, and authorizing the Mayor and City Clerk to execute a loan agreement with the developer of this project.

Recent Legislative History
11/25/19 FINANCE COMMITTEE RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER
Note: This item is for the Salvation Army's proposed affordable apartment building on E. Mifflin. See updates above for more details.

Agenda Item 87

Authorizing the Mayor and City Clerk to Execute the Development Agreement with Stone House Development, or its assigns, for the Purchase of the Podium and Air-Rights above the City's Wilson Street Garage on Block 88 and Directing Follow-up Actions by the City as Described and Agreed to in the Development Agreement

Recent Legislative History
11/25/19 FINANCE COMMITTEE RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER

REPORT OF LANDMARKS COMMISSION

Agenda Item 91

Landmarks Commission: Demolition By Neglect Report - 121 Langdon Street (Suhr House)

Recent Legislative History

11/11/19 LANDMARKS COMMISSION RECOMMEND TO COUNCIL TO ACCEPT - REPORT OF OFFICER Recommended Action: Accept updated report.

Note: See Agenda Item 10 above.

REPORT OF PUBLIC SAFETY REVIEW COMMITTEE

Agenda Item 93

A Resolution authorizing a $250,000 noncompetitive service contract for grant pass-through services with the Madison Metropolitan School District for implementation of a previously approved federal STOP School Violence and Mental Health Assessment grant.
Recent Legislative History

11/25/19 FINANCE COMMITTEE Return to Lead with the Recommendation for Approval to the PUBLIC SAFETY REVIEW COMMITTEE

Agenda Item 94

Resolution amending the Police Department's 2019 Operating Budget to increase the amount of a public safety grant from the Wisconsin Department of Transportation for a Pedestrian and Bicycle Safety Task Force by $9,000.
Recent Legislative History
11/25/19 FINANCE COMMITTEE Return to Lead with the Recommendation for Approval to the PUBLIC SAFETY REVIEW COMMITTEE

REPORT OF SUSTAINABLE MADISON COMMITTEE

Agenda Item 96

2nd SUBSTITUTE Creating Section 23.62 and amending Section 1.08(3)(a) of the Madison General Ordinances to regulate the distribution of plastic straws and plastic stir sticks in the City of Madison and establish a bail deposit for violation thereof.

Sponsors: Syed Abbas, Grant Foster, Patrick W. Heck and Lindsay Lemmer

Recent Legislative History
10/28/19 SUSTAINABLE MADISON COMMITTEE RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER

DRAFTER'S ANALYSIS: Routinely, restaurants prepare drinks for dine-in customers and automatically put a plastic straw or plastic stir stick in the drink. Often, dine-in customers do not actually use the straw or stir stick, which, having already been placed in the drink, then must go to waste. The purpose of this ordinance is therefore to prevent this "involuntary" use of straws and stir sticks by prohibiting restaurants from preparing drinks with plastic straws or stir sticks for dine-in customers unless the dine-in customer expresses a desire to have a plastic straw or stir stick.

This ordinance is not meant discourage restaurants from having straws on site for customers who may wish to use them, including specifically for individuals with disabilities who may depend on straws to consume a beverage. To that end, this substitute clarifies that this ordinance does not prohibit restaurant staff from asking if dine-in customers want a plastic straw or stir stick or from leaving those items out for dine-in customers to take voluntarily. This substitute also reduces the fine for violations of this ordinance. Finally, this substitute delays the effective date of this ordinance to three-months after the enactment date in order to give restaurants time to implement any changes that may be required by the ordinance.

The City has the authority under Wis. Stat § 62.11(5) to enact an ordinance to prohibit or regulate the use of plastic straws, and that authority is not withdrawn by Wis. Stat § 66.0419, which prohibits municipalities from regulating the use of containers, specifically plastic grocery bags, not plastic straws. The two operative phrases of Wis. Stat. § 66.0419 are: "a bag, cup, bottle, can, or other packaging that is designed to be reusable or single-use" and "that is designed for transporting or protecting merchandise, food, or beverages from a food service or retail facility." The Wisconsin Supreme Court defines terms not statutorily defined by referring to dictionary definitions, and dictionary definitions for these terms do not include straws. Accordingly, a straw is not packaging and a straw is not designed for transporting or protecting liquids from a food service or retail facility, and thus may be regulated by local units of government.

This second substitute was necessary to incorporate changes requested by the Disability Rights Commission. The requested changes specifically allow restaurant operators to offer dine-in customers plastic straws instead of waiting for request from the customer.

This ordinance shall take effect three months from the date of enactment.

ITEMS REFERRED TO THIS MEETING

RESOLUTIONS

Agenda Item 101

SUBSTITUTE - Accepting the final report and recommendations from the Urban Forestry Task Force.

Recent Legislative History

11/19/19 COMMON COUNCIL Refer to a future Meeting to Adopt to the COMMON COUNCIL

APPEAL

Agenda Item 122
Appeal of Conditional Use Approval for 630-648 E Washington Ave
Legislative History
11/26/19 Clerk's Office Referred for Introduction Common Council

Public Hearing 1/7/20

Note: See my update on the Salvation Army redevelopment proposal above. No Council action will be taken on this item until at least 1/7/20.

____________________________

Urban Forestry Task Force Subcommittee: Agenda

12:00pm, Wednesday, Dec. 4, 2019

Rm 151 Madison Municipal Building

UNFINISHED BUSINESS

Agenda item 5

Review of Report Recommendations and Prioritization, Including Review of Board of Park Commissioners Changes

____________________________

Board of Health for Madison and Dane County: Agenda

5:00pm, Wednesday, Dec. 4, 2019

The Atrium Community Room, Villager Mall 2300 S Park Street

6. NEW BUSINESS

Board of Health Reports

Agenda Item 6.a.

Immunization Policy Position Statement

City of Madison Resolutions

Agenda Item 6.b.

SUBSTITUTE - Amending the 2019 2020 Operating Budgets of the Police Department, Fire Department and Public Health Madison Dane County; and accepting a U.S Department of Justice Comprehensive Opioid Abuse Site-Based Program (COAP) grant award of $1,200,000 to create a "Pathways to Recovery Madison & Dane County" initiative to combat opioid abuse

____________________________

Madison Area Transportation Planning Board: Agenda

6:30pm, Wednesday, Dec. 4, 2019

Madison Water Utility, 119 E. Olin Avenue, Conference Rooms A-B

Agenda Item 5

Resolution TPB No. 160 Approving Amendment #1 to the Regional Transportation Plan 2050 for the Madison Metropolitan Area to Add Beltline DPRTSU Project

Agenda Item 6

Resolution TPB No. 161 Approving Amendment #1 to the 2020-2024 Transportation Improvement Program for the Madison Metropolitan Area & Dane County

Beltline (Whitney Way to I-39/90), Resurfacing, Drainage Upgrades, Reconstruction of Median Barrier Wall [Modify scope and cost/funding, adding ITS infrastructure and software to implement dynamic part-time shoulder use, Const. in 2021].

Agenda Item 7

Review of Round Two Section 5310 Program (Enhanced Services for Seniors and Individuals with Disabilities) Grant Project Applications for 2020 and Preliminary Approval of Draft Recommendations for Project Funding

Agenda Item 8

Review and Approval of Proposed Revisions to Policies and Scoring Criteria for STBG Urban Transportation Alternatives Set Aside Program Projects

Agenda Item 9

Update on East-West Bus Rapid Transit Planning Study and Downtown Routing Options Being Considered

Agenda Item 10

Brief Update on Rebranding Project for MATPB and the Rideshare Etc. Program

____________________________

Tags: Affordable Housing, Alcohol, Biking, Bus Rapid Transit, Demolition by Neglect, Entertainment License, Flooding, Homeless Issues, Langdon Street, MPD, Pedestrians, PFAS, Public Health, Public Market, Redevelopment, Residential Parking Permit Program, Salt, Salvation Army, Tenney Lapham Neighborhood, Traffic Calming, Urban Forestry, Water Utility

Email to a friend

Labels

City Meetings of Interest

General

Liquor License

Baldwin Street Grille Public Informa...

Madison

Neighborhood Information

Neighborhood Meeting

Redevelopment/Development Proposal Meeting

Uncategorized

Common Council

District 2

Alder Patrick Heck

Alder Patrick Heck

Alder Heck’s Updates