D6 Items of Interest Week of September 18, 2023

The Wilson + Blair development proposal is at Landmarks on Monday and at UDC Wednesday for informational presentations. Landmarks will also make an advisory recommendation to Plan Commission about the proposed demolitions which include two contributing buildings to the E Wilson National Register District, 506 and 518 E Wilson. At Plan Monday is the proposal to establish a Housing Task Force. See the link to Planning Director Matt Wachter’s memo on an alternate approach to use the Housing Strategy Committee as a way to elevate the work of addressing affordable housing. The Plan Commission will also continue the discussion about the Comp Plan interim update.  A public hearing about the Executive Capital budget is at Council on Tuesday. The Council will hear an appeal about a Plan Commission approval of a dog day care and an ordinance change to allow miniature pigs as pets. I am introducing an amendment to Urban Design District 8 to change the bonus story regulations for the 700 block of E Washington. More details below.

Monday September 18 – Landmarks Commission – 5p LC Agenda 09.18.23

7. 79566 134-150 S Blair-Land Combination & New Construction in the First Settlement historic district (District 6) INFORMATIONAL PRESENTATION

Wilson + Blair informational presentation

Staff Memo  JCAP Development is proposing a redevelopment of a site that will include properties in the First Settlement historic district, Third Lake Ridge historic district, and several properties adjacent to those districts. While this is one redevelopment and this will create a single Zoning lot, the proposal is to maintain the existing Hotel Ruby Marie (Third Settlement), construct a new building on the large lot in the First Settlement historic district, and demolish several existing structures located on E Wilson St. As there are no changes proposed to the exterior of the Hotel Ruby Marie, the Landmarks Commission has nothing to consider for that property. For the rest of the lots on E Wilson, the Landmarks Commission will provide its typical advisory recommendation to Plan Commission and the Urban Design Commission on the historic value of those properties.

…An initial review by staff has concerns about the massing of the building being pushed so strongly towards Blair St. The other large infill projects that Landmarks Commission has recently approved had substantial stepbacks for upper stories so that those additional stories could read as if they were well back in the distance. This project has a base that references the height datum of historic resources, but then only has a 2.5’ to 5’ stepback for six additional stories. For the base of the building, it mostly reads as a continuous wall plane and isn’t broken up to convey the width of the historic resources’ street facades or convey a suggestion of the historic roof forms. Staff has provided feedback to the project team with recommendations for how to comply with the historic district standards.

August 9, 2023 neighborhood meeting

8. 75031 Buildings Proposed for Demolition - 2023

9.18.23 demo report Landmarks reviews buildings proposed for demolition and makes an advisory finding for the Plan Commission.

The E Wilson buildings listed below are part of the proposed Wilson + Blair development. 510-518 E Wilson now forms the Essen Haus restaurant, and 506 E Wilson is the Come Back In. They are not in the First Settlement Historic District but are included in the E Wilson National Register of Historic Places. The buildings represent commercial development triggered by the impact of the railroad in downtown Madison.  

JCAP Development proposes to demolish the Essen Haus and Come Back In and construct a new hotel on E Wilson. At the August neighborhood meeting, residents raised the question of adaptive reuse of some or all of the historic buildings.

-518 E Wilson : Commercial building constructed in 1890 (Assessor) or 1886 (preservation file). Preservation file names this the J.B. Drives building, and Italianate brick structure that is contributing to the East Wilson Street National Register Historic District. It has served as a drug store, a saloon, and a restaurant. WHS site file contains similar information. In 2019 the Landmarks Commission recommended historic value based on architectural significance, cultural significance, historic significance, as the work/product of an architect of note, its status as a contributing structure in a National Register Historic District, and/or as an intact or rare example of a certain architectural style or method of construction.

-516 E Wilson : Commercial building constructed in 1909 (Assessor) or 1886 (preservation file), remodeled in 1961. Preservation file names this the A. Ramthun Commercial Building, non-contributing to the East Wilson Street National Register Historic District. WHS site file contains similar information. In 2019 the Landmarks Commission recommended historic value related to the vernacular context of Madison’s built environment or the product of an architect of note, but the building itself is not historically, architecturally, or culturally significant.

-514 E Wilson : Commercial building constructed in 1909 (Assessor) or pre 1885 (preservation file), addition in 1954, remodeled in 1983. Preservation file names this the A. Ramthun Commercial Building, constructed prior to 1885 and remodeled in 1910 by Ferdinand Kronenberg, and again in the 1980s which resulted in a loss of integrity. Noncontributing structure in East Wilson Street National Register Historic District. WHS site file contains similar information. In 2019 the Landmarks Commission recommended historic value related to the vernacular context of Madison’s built environment and the product of an architect of note, but the building itself is not historically, architecturally, or culturally significant.

-510 E Wilson :  Commercial building constructed in 1875, additions in 1948, 1951, 1956, remodeled in 1961 (Assessor) or 1872, additions in 1882, remodeled in 1983 (preservation file). The preservation file names this the Germania House Hotel, a vernacular structure with stucco over brick that was substantially altered in 1983. Non-contributing resource within the East Wilson Street National Register Historic District. In 2019 the Landmarks Commission recommended it had no known historic value.

-506 E Wilson : Commercial building constructed in 1875 (Assessor), 1871 (preservation file), addition in 1891, remodeled in 1990. The preservation file names this the Herman Klueter Building, an Italianate brick building that served as various grocery stores or meat markets until 1925 at which point is was converted to a restaurant, the purpose it serves today. WHS site file notes it is a contributing resource to the East Wilson Street National Register Historic District, and adds that this property served as two prominent lesbian bars in the 1980s (Emily’s and Cheri’s), which were among the only to cater to this clientele.

Written Comments: You can send comments on agenda items to landmarkscommission@cityofmadison.com

Monday September 18 – Plan Commission – 5:30p PC Agenda 09.18.23

3. 79226 Creating a Housing Taskforce addressing Madison’s affordable housing shortage and other related housing issues

Planning Director Matt Wachter memo on existing housing initiatives

20. 79621 2023 Comprehensive Plan Interim Update UNFINISHED BUSINESS - Continuation of the September 7, 2023 discussion and direction to staff regarding proposed amendments

Monday September 18 – City County Homeless Issues Committee – 5:30p CCHIC Agenda 09.18.23

2. 79848 New purpose-built men’s shelter development updates

Permanent Men's Shelter update

3. 79504 Repealing Section 23.07(6) of the Madison General Ordinances and amending Section 23.07(13) and 1.08(3) of the Madison General Ordinances to remove associated references.

This repeals MGO 23.07(6)(a) and (b), subsections which focused on trespassing regarding sleeping or possessing items related to sleeping on the property of others.

Tuesday September 19 -  Common Council – 6:30p CC Agenda 09.19.23

4. 79467 2024 Executive Capital Budget

5. 79500 Appeal of the Plan Commission action on the conditional use request for 314 Junction Road, Legistar ID 78423.

At its August 7, 2023 meeting, the City of Madison Plan Commission unanimously approved the conditional use requested by Shontell Pruitt to allow for an animal day care at 314 Junction Road in an approved Planned Development District – Specific Implementation Plan (PD-SIP). On August 17, 2023, a petition was submitted to appeal the Plan Commission’s approval of the conditional uses to the Common Council.

11. 79117 SUBSTITUTE: Amending Section 23.525 of the Madison General Ordinances to allow miniature pigs bred as companion animals to be kept as pets in the City of Madison.

13. 79642 Modifying RES-22-00091 (Legislative File 68974) to extend the end date of the Lake Monona Waterfront Ad-hoc Committee from 9/1/23 to the date of master plan submission to the Common Council, or 3/31/24, whichever is soonest. (Districts 4, 6, 13, and 14)

43. 79532 Repealing Section 24.12 of the Madison General Ordinances and amending Section 1.08(3) of the Madison General Ordinances to remove associated references.

DRAFTER’S ANALYSIS: This ordinance repeals 24.12 entitled “Panhandling Prohibited” of the Madison General Ordinances. In Reed v. Town of Gilbert, the United States Supreme Court recognized that most panhandling activity is protected by the First Amendment, therefore, this Section is generally unenforceable.

The proposed repeal has generated emails from the public to all alders.

From City Attorney Michael Haas: “Under the Reed decision, the government cannot base its regulation of speech on the content of the speech unless it can meet the legal standard of strict scrutiny. Given that this is the highest standard imposed when a court evaluates a governmental regulation, the City has concluded that MGO 24.12 is not enforceable. Therefore, it is not legal to have a blanket ban on all solicitations or prohibit an individual from standing at all intersections as this behavior has been determined to involve an individual’s First Amendment right. In short, the government cannot ban people from asking for money for themselves any more than it can prohibit individuals from soliciting donations for their favorite cause or political candidate on a street corner. The City has kept the panhandling ordinance in place with the thought that the Supreme Court might modify its decision but that has not happened. In addition to the panhandling ordinance being unenforceable, the government can be sued for having ordinances on the books which are unconstitutional, even if they are not enforced.

Under the current court decisions, it is permissible to prohibit individuals from standing or staying at a specific intersection too long provided there is a public safety reason for such a restriction. Therefore, after working with Traffic Engineering we developed the definition of “covered highway” in MGO 12.325 that identifies the busiest intersections within the City as we believe there is a public safety reason to limit the number of individuals at these intersections. As a result, there are locations within the City where panhandling is prohibited because simply standing at those intersections is prohibited. We believe that MGO 12.325 is as far as the City can go in addressing activity in medians and on the streets.

Finally, just as with other activities, if panhandling is done aggressively, the individual can be cited for disorderly conduct or harassment, which is another reason we do not believe the repeal of MGO 24.12 would have any practical effect. But again, the Supreme Court has largely concluded that the government cannot prevent people from merely saying certain words while permitting other speech.”

INTRODUCTION OF NEW BUSINESS FOR REFERRAL WITHOUT DEBATE

53. 79845 Amending Section 33.24(15)(e)12. of the Madison General Ordinances to Update Development Standards within Block 2b of Urban Design District No. 8. (District 6) Sponsors: Marsha A. Rummel  

Legistar 79845

I am sponsoring an amendment to Urban Design District 8 to change the regulations for bonus stories for block 2b on the 700 block E Washington (north side) and adding an additional bonus story element to 33.24(15)(e)(12)c(ii).

Chris Houden and Willow Partners are proposing a 14-story building for 702 E Washington on block 2b.  Currently the UDD 8 ordinance allows 8 stories plus 2 bonus stories. The land use proposal has not been introduced at this time.

The proposed amendment changes the bonus story base threshold for block 2b from 8+2 (10) to 8+4 (12) and would allow up to 6 bonus stories (14) if additional criteria is met.

Currently bonus stories require one element from 33.24(15)(e)(12) c(i) or a combo from c(ii) if the development provides sufficient public benefit to warrant the additional height.

Click on the legistar link for the complete list of elements as proposed.

The UDD 8 amendment would allow an additional two (2) stories (14 stories) on block 2b if the applicant provides an element from 12.c.(i) and three elements from 12.c(ii) that provide sufficient public benefit to warrant the additional height.

The amendment also add language for a new affordable housing element under 12.c(ii): The applicant enters into a voluntary contractual Land Use Restriction Agreement (LURA) with the City of Madison to provide affordable units for a minimum of 5% of the total number of units restricted to least 60% -80% of the Area Median Income (AMI).

I worked closely with Planner Kevin Firchow and Asst City Atty Kate Smith to craft something that raises the bar of public benefit sufficiently to consider whether to allow more height than the ordinance currently allows.

The amendment will go to Plan Commission (10/2/23), Urban Design Commission (9/20/23), and back to Common Council (10/17/23).

55. 79719 Supporting limitations on city purchases from nuclear weapons producers. Sponsors: Satya V. Rhodes-Conway, Yannette Figueroa Cole And Marsha A. Rummel

Fiscal Note This resolution establishes policies and procedures regarding city purchasing and investments related to companies that produce nuclear weapons. Generally, the resolution prohibits purchases of more than $50,000 from these companies, prohibits investments in these companies, and limits investments in US Treasury bonds and notes to no more than 20 percent of the City's investment portfolio. These limits can be waived under certain conditions, with reporting requirements to the City Finance Committee or action by the Finance Committee to implement any waivers. The current share of the City's investment portfolio that is in US Treasuries is less than 1 percent and none of the portfolio is invested in companies that produce nuclear weapons.

This resolution has been in the works for some time. Alders have already received emails in support. Since it is being introduced for referral, no public comment is allowed. Public comment can be shared at Finance Committee (9/26/23) and at the Common Council (10/3/23)76. 79777 Appeal of the Plan Commission action on the conditional use request for 3909 and 3913 Lien Road (District 3), Legistar ID 78197.

Common Council Public Hearing (10/3/23)

Wednesday September 20 – Urban Design Commission – 4:30p UDC Agenda 09.20.23

3. 77926 3100 E Washington Avenue - New Multi-Family Building in Urban Design District (UDD) 5. 12th Ald. Dist. Owner: LLC Enterprises, LLC Applicant: Nick Orthmann, Bear Development, LLC Initial/Final Approval is Requested UDC is an Approving Body

Staff Memo

UDC does not have authority to reject this proposed affordable apartment building because it is inside the F-35 65 db noise contour and potentially incompatible with residential use but it concerns me. Instead UDC will urge the development team to break up the mass and unbroken facades of the building, add more entrances and push it back from E Wash. Safe Skies Clean Water Wisconsin submitted a comprehensive letter regarding the site and environmental justice issues that I hope alders and residents impacted by F-35s will consider 5/31/23 Public Comment

4. 79845 Amending Section 33.24(15)(e)12. of the Madison General Ordinances to Update Development Standards within Block 2b of Urban Design District No. 8. (District 6)

6. 77005 20, 22, 30 N Carroll Street - Public Building, New Wisconsin History Center in the Downtown Core (DC) District. 4th Ald. Dist. Owner: Wisconsin Historical Society Applicant: George Austin Final Approval is Requested UDC is an Approving and Advisory Body

Plan Commission approved the demolition of the historic buildings and the proposed new construction.

8. 79707 134, 140, 148, 150 S Blair Street/506, 508, 510, 514, 516, 518, 522 E Wilson Street - New Residential Building and Hotel. 6th Alder Dist. Owner: JCAP Development Applicant: Brian Munson, Vandewalle & Associates

Informational Presentation UDC will be an Advisory Body

Staff memo : The applicant is proposing the redevelopment of the parcels flanking the Hotel Ruby Marie on both the Wilson and Blair Street. The proposed development consists of an eight‐story, 160‐unit multi-family residential building on S Blair Street and a six-story, 100‐key Hotel building on E Wilson Street. The existing Hotel Ruby Marie will remain intact. A “Living Street” is proposed through the project site that connects S Franklin Street and S Blair Street, which is intended to provide enhanced street activation for the property, as well as vehicle and fire lane access to the project.

Wednesday September 20 – Board of Public Works – 4:30p BPW Agenda 09.20.23

15. 79811 Authorizing the Mayor and the City Clerk to execute Amendment No. 4 to the existing Purchase of Services contract between the City of Madison and Tetra Tech, Inc. for engineering services for the East Isthmus and Yahara River Watershed Study. ( District 2, 4, 6, 12 and 15) Sponsors: Marsha A. Rummel And Dina Nina Martinez-Rutherford

Wednesday September 20 – Alcohol License Review Committee – 5:30p ALRC Agenda 09.20.23

22. 79591 Public Hearing - New License Rocky Tiko LLC • dba Reverie Baking Co 2021 Winnebago St • Agent: Gwen Shales Estimated Capacity (in/out): 30/0 Class B Combination Liquor & Beer • 15% alcohol, 45% food, 40% other Police Sector 410 (District 6)

27. 79602 Public Hearing - New License Two Birds Madison LLC • dba Public Parking 709 E Johnson St • Agent: Clement Mocanu Jr Estimated Capacity (in/out): 86/32 Class B Combination Liquor & Beer • 95% alcohol, 5% food Police Sector 407 (District 6)