D6 Items of Interest Week of October 2, 2023

On top of all the normal road construction work this summer, the East-West Bus Rapid Transit project is also underway on East Washington, and on the west side. Right now, the stations at Blair, Paterson, Baldwin, First, and Fourth are all under construction, as well as others. You may see the new platforms being installed and other utilities, signals, and concrete work. This work on East Wash should be wrapped up by the holidays and things should go back to normal for a while. Next year, crews will be back to install the canopies and other parts of the station. BRT should then start service at the end of 2024. You can find out more information and sign up for updates at madisonbrt.com

If you are traveling through the area, please use caution and obey the signs. The speed limit is now 25 mph on East Washington through the isthmus. With East Wash down to two lanes, traffic may be backed up more than usual. Please be patient and don’t try to cut anyone off. Police can’t be everywhere at once so the city is asking for your cooperation to help the project get done safely. Biking on East Wash will be more challenging too. If you can use alternate routes, it may be a good idea, if you can’t, please use your best judgement and caution. Buses will continue to serve the bus stops near the sidewalk and won’t use the BRT stations until the system opens late next year.

At Plan Commission on Monday is the Urban Design District 8 amendment I am proposing for Block 2b (the 700 block of East Wash) and three related items regarding the development proposal for 3100 E Wash in D12. See my comments below. Mayor Satya will be releasing her 2024 Executive Operating Budget at noon on Tuesday. At the Council meeting Tuesday, I expect debate on the changes to the trespassing ordinance and whether we should create a Housing Taskforce. The resolution to limit city purchases from nuclear weapons producers may get speakers but I’m confident it will pass. For introduction and referral is a budget amendment to cover the gap in funds for the bid for the Public Market which goes to the Board of Public Works and Public Market Development Committee this week.

Monday October 2 – Plan Commission – 5:30p  PC Agenda 10.02.23

You can send comments on agenda items to pccomments@cityofmadison.com. Comments received after 3:00 p.m. on the day of the meeting may not be added to the public record until after the meeting. Details about registering to speak are in the agenda link.

2. 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)

Staff memo for UDD 8 amendment

Staff memo excerpts: “The proposed amendment keeps the block’s base height at eight (8) stories and establishes a methodology to obtain up to either a four (4) or six (6) story height bonus.

To achieve a four (4) story bonus, the UDC would utilize the existing methodology and could grant a bonus if it finds that a proposal provides “sufficient public benefit” by providing one or more features/amenities defined in the Upper Level Development standards. More specifically, a development receiving a bonus would need to either provide one (1) of the larger features/amenities listed in Category “i” or a “combination” of smaller features/amenities listed in Category “ii.”

To achieve a full six (6) story bonus, the applicant would need to demonstrate that an item includes at least one (1) feature/amenity from Category “i” and a minimum of three (3) features/amenities from Category “ii.” This amendment does not specify what features/amenities are utilized.

The second component of this text amendment adds a new affordability consideration element to the Category “ii” list, expanding the list of smaller options that could be combined to grant a bonus. To utilize this option, the applicant would choose to enter into a Land Use Restriction Agreement (LURA) with the City to provide that at least 5% of the total units are set aside as affordable units with a minimum affordability range between 60-80% of the County Median Income. …

Planning staff notes that UDD 8 has previously been modified multiple times to accommodate specific development proposals. This includes amendments for the abutting “Constellation” and nearby “Galaxie” (with Festival Foods) buildings. While there is precedent to consider block specific amendments, staff notes that if a building were to be approved with the six (6) bonus stories, it is believed to be the largest bonus story awarded within UDD 8.”

I worked with planning staff and the city attorney’s office to craft this amendment to UDD 8 Block 2b (the 700 block of E Washington, north side) that would allow bonus stories to construct a building up to 14 stories but raise the bar of requirements to meet/amenities to provide. I believe Willow Partners will consider the new affordability element if this amendment is passed. The land use application for their proposed project will follow this amendment process, it has not been introduced yet.

UDC voted to recommend the amendment on September 20. It will be back at Council on October 17.

Note: Items 9-10 RE 139 W Wilson should be referred to a future meeting (no date specified) pending a recommendation on ID 78635 by the Urban Design Commission

9. 78634 139 W Wilson Street (District 4): Consideration of a demolition permit to demolish a four-story apartment building

10. 78635 139 W Wilson Street (District 4): Consideration of a conditional use in the UMX (Urban Mixed-Use) District for a multi-family dwelling with greater than eight (8) dwelling units; consideration of a conditional use in the UMX District for a new building greater than 20,000 square feet and more than four stories; and consideration of a conditional use pursuant to MGO Section 28.134(3) for projections into the Capitol View Preservation Limit; to construct 16-story apartment building with 320 units

11. 79331 3100 E Washington Avenue (District 12): Consideration of a demolition permit to demolish a car sales facility.

12. 79332 3100 E Washington Avenue (District 12): Consideration of a conditional use in the Commercial Corridor-Transitional (CC-T) District for a multi-family dwelling with greater than 60 units to allow construction of a five-story apartment building with 192 units.

Highlights from Staff memo RE 3100 E Washington:

“Staff raises a question regarding this application as it relates to conditional use approval standard 1, which states, “The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, or general welfare.” Related to the addition of residential uses at the site is the resolution adopted by the Common Council in September 2019 responding to the Draft Environmental Impact Statement (EIS) for the Air National Guard F-35A Operational Beddown National Guard Environmental Impact Statement (EIS) pertaining to the 115th Fighter Wing at Truax Field (Legislative File ID 57364), to the north of this site.

According to the F-35 EIS Staff Analysis, the site falls within the “65 decibel” Day and Night Average Sound Level (DNL) area. The FAA has determined the 65 decibel DNL area is the noise exposure level where land use compatibility issues may begin to arise surrounding airports. Additionally, the site is subject to considerable road noise as it is adjacent not only to East Washington Avenue, but also to Aberg Avenue at its transition from a limited access freeway to a surface arterial, as well as the Aberg on- and off-ramps.

 In order to address the noise impacts on the site, staff have provided an advisory note recommending that the applicant provide noise mitigation efforts in the design and construction of the building, such as sound-insulating materials and wall materials. Additional vegetation should also be considered. A condition has been recommended strongly encouraging noise attenuation to be included in the proposal. …

At time of writing, Staff is unaware of any written comment from the public regarding these requests.”

05.31.23 Letter to UDC from Safe Skies Clean Water WI RE legistar 77926  From the Safe Skies letter: “The daily average 65-decibel noise contour used by the FAA and our county airport for this incompatible designation is over 50-years old. It provides little protection, and doesn't account for the mental and physical health impacts of noise. This standard doesn't account for peak noise levels we actually hear even though the F-35 fighter jets can be four times louder than the former F-16 fighter jets.”

I know we need more housing, especially affordable housing, but I am struggling with the environmental justice implications of this proposal. The 65 decibel DNL/day and night average is NOT how people experience noise from F-35s which is a pulse of sound up to 110 dBs. It’s a land use compatibility issue because it is a public safety issue. The developer can insulate the building but can’t mitigate the noise exposure when you open the windows or go outside, noise at these levels have been shown to be detrimental to public health.

13. 79337 Approving a Certified Survey Map of property owned by LLS Enterprises, LLC located at 3100 E Washington Avenue (District 12).

Upcoming Matters – October 30, 2023- 112 S Hancock Street - Conditional Use - Convert three-family dwelling into a five-unit apartment building.

Tuesday October 3 – Common Council – 6:30p  CC Agenda 10.03.23

Send comments to allalders@cityofmadison.com or use the agenda link to find out how to register to speak.

HONORING RESOLUTIONS

1. 79953 Recognizing October as Domestic Violence Awareness Month        
2. 80090 Affirming and Celebrating Monday, October 9, 2023, as Indigenous Peoples' Day

3. 79972 Consent Agenda Document – Ever wonder what the Council will actually talk about? The consent agenda goes live around noon on Tuesday. You can tell if alders have pulled an item or if speakers have registered. Whatever is not pulled off, gets voted on and dispensed with in one fell swoop, taking the recommendation of the lead committee.

4.79467 2024 Executive Capital Budget

11. 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 Beer, Class C Wine • 15% alcohol, 45% food, 40% other Police Sector 410 (District 6)

19. 79777 Appeal of the Plan Commission action on the conditional use request for 3909 and 3913 Lien Road (District 3), Legistar ID 78197.

44. 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

In response to concerns raised in emails from residents about changes to the trespassing ordinance, the sponsors have provided a substitute to address concerns.

Drafter analysis: The substitute repeals MGO 23.07(6)(a) and (b), subsections of the trespassing ordinance which focused specifically on the behavior of sleeping or possessing items related to sleeping while trespassing. The general trespassing subsection for all behavior including sleeping remains in subsection (2). The substitute proposes amending subsection (2) to clarify that in addition to an owner or occupant, an individual authorized by an owner or occupant can also give notice to a potential trespasser that they must not enter or remain on the premises. This proposed amendment clarifies that owners or occupants may authorize police or others to give notice to trespassers.

Alder Yannette Figueroa Cole, the lead sponsor, recently discussed the changes in her blog. As she states: Trespassing is illegal without section 6(a)(b) The Wisconsin Court of Appeals held that "a police officer may serve as an agent of an owner or occupant to give notice of a trespass.”, State v. Horn, 377 N.W.2d 176, 182 (Wis. Ct. App. 1985). Thus, pursuant to State v. Horn, even if it is the case that trespassers must receive notice that they cannot trespass, police officers may deliver that notice to enforce trespassing ordinances. Therefore, Section 2 of the Trespassing Ordinance covers any trespassing regardless of whether the person is sleeping, signing, or standing!

I support the substitute.

48. 79719 Supporting limitations on city purchases from nuclear weapons producers. Sponsors: Satya V. Rhodes-Conway, Yannette Figueroa Cole, Marsha A. Rummel, Tag Evers, Dina Nina Martinez-Rutherford, John W. Duncan, Barbara Harrington-McKinney, Juliana R. Bennett, Michael E. Verveer And Jael Currie

67. 79226 Creating a Housing Taskforce addressing Madison’s affordable housing shortage and other related housing issues. Sponsors: Amani Latimer Burris

Legistar 79226 Creating a Housing Taskforce addressing Madison's affordable housing shortage & other related housing issues

Alternate Directing the Housing Strategy Committee to examine and provide recommendations related to Madison's affordable housing crisis

Staff Memo: Existing City Initiatives

During the Core Spaces rezoning proposal earlier this summer, the Council got a deluge of emails from hundreds of student renters who shared their heart wrenching stories about the crisis they face during the annual rush to find housing. The student housing market is geographically limited, rented by the bed, high priced, amenity rich and in short supply.  Affordable student housing is also in short supply. It is a crisis.

On a city-wide basis, alders are hearing about the housing affordability crisis from residents. While Madison has many affordable housing initiatives and is an innovative leader in many ways, we need to scale up our efforts.

I appreciate the initiative of Alder Amani Latimer Burris, the sponsor of the Housing Taskforce. She proposed creating a Taskforce composed of citizen reps from 11 city committees along with a UW rep, a member of our state legislative delegation, and four alders. The TF would reach out to stakeholders and study a variety of topics including the development review process, the costs associated with the city process, partnerships with employers and developers to provide workforce housing as seen at NYU and report back in one year. Her proposal has jumpstarted the conversation on how to step up our efforts.

The Existing City Initiatives memo from Matt Wachter, the Planning Director, was in response to alder’s questions and requests for elevating our information sharing and research in response to Alder Amani’s proposal. Matt suggested using the existing committee structure and existing staff of the Housing Strategy Committee instead of creating a new committee. The committee could invite stakeholders to meet, do research on best practices, and make recommendations.

The Plan Commission and Housing Strategy Committee both voted for the Alternate which recommends using the Housing Strategy Committee instead of creating a Taskforce. The Alternate makes sense to me. Creating a new 17-person committee with 4 alders and people who already serve on another city committee seems like a big lift to schedule meeting times and get quorum. We do have other large committees, like Madison Food Policy committee (16 members, currently with three vacancies), but they are composed of topic experts versus committee representatives.

My personal list of urgent housing issues to focus is how to scale up non market solutions like social housing and limited equity cooperatives; use the bonding authority of the CDA or other nonprofit entities to build publicly owned/community run mixed income housing with non-profit partners; use the city’s low interest rate as a tool to help affordable housing developers; investigate creating a municipal bank where we could recapture revenues currently devoted to paying interest and principal and redirect resources into affordable housing, climate resilience, public transit, and community and economic development; investigate impact fees for new development; amend TIF policy to prioritize affordable housing; expand our use of land banking and support for the land trust model; promote permanent affordability in projects we fund; protect naturally occurring affordable housing; continue to fund tenant protections like eviction prevention; and invest in neighborhoods to repair the harm of racial disparities and disinvestment.

INTRODUCTION OF NEW BUSINESS FOR REFERRAL WITHOUT DEBATE

80. 79865 BY TITLE ONLY: Amending Sections 3.14, 3.54, 5.01, 5.05, 9.51, 12.128, 12.1331, 23.56 of the Madison General Ordinances to transfer parking enforcement and supervision from the Madison Police Department to the Madison Department of Transportation’s Parking Division.

92. 80074 Approving the roadway geometry for the reconstruction of John Nolen Drive from North Shore Drive to S Broom Street. (District 4)

98. 80099 Authorizing the Purchase of the Property Located at 305 S. Bedford from Dane County for Future Assemblage with Brittingham Park. (District 4).

103. 80106 Amending the 2023 Adopted Capital Budget of the Economic Development Division and Awarding Public Works Contract No. 8595, Madison Public Market (District 12)

The bid for the Public Market came in above our estimate. This is an amendment to cover the gap and some of the elements that were in the alternate bid. This will go to Board of Public Works on 10/4, Public Market Development Committee 10/5, Finance 10/9 and back to the Council October 17.

Wednesday October 4 - Board of Public Works- 4:30p BPW Agenda 10.04.23

5. 80106 Amending the 2023 Adopted Capital Budget of the Economic Development Division and Awarding Public Works Contract No. 8595, Madison Public Market (District 12)

9. 80078 Approving plans and specifications for public improvements necessary for the project known as 838 Williamson St & 306 S Paterson St and authorizing construction to be undertaken by the Developer, Private Contract No. 9344 (District 6) Sponsors: BOARD OF PUBLIC WORKS

The developer, Williamson Street Property Group LLC, has been conditionally approved for a two-lot Certified Survey Map, demolition of two commercial buildings at 826 Williamson Street and 302 S Paterson Street, construction of a mixed-use building with a four-story wing consisting of approximately 3,734 sf of commercial space and 55 apartments on Williamson Street and a five-story wing consisting of approximately 864 sf of commercial space and 133 apartments on S Paterson Street. The developer shall dedicate right of way or grant Public Sidewalk Easement for and construct a five-foot sidewalk, eight-foot terrace, and one-foot maintenance area along Williamson Street. The developer shall also construct private laterals to serve the development. Existing sanitary main does not have the capacity of flow generated by this development. The developer shall be responsible for the cost to upsize approximately 700 feet of public sanitary sewer main to 12” along S Paterson Street from the development project to the manhole at the intersection with E Main Street. The developer has the option to construct the sanitary sewer with the developer agreement or have it constructed with a public works project, which will increase sanitary sewer size on S Paterson Street from E Main Street to E Washington Avenue. If the developer choses to have the public sanitary sewer constructed with a public works project, the developer shall be assessed 100% for the proportion from the development to the intersection of S Paterson Street and E Main Street, and the schedule of assessments for this work would be approved separately. Payment for the assessed work would be due upon completion of the public works project. REPORT BY CITY ENGINEERING. RECOMMEND TO ADOPT

Thursday October 5 - Public Market Development Committee – 5p PMDC Agenda 10.05.23

2. 80106 Amending the 2023 Adopted Capital Budget of the Economic Development Division and Awarding Public Works Contract No. 8595, Madison Public Market (District 12)