D6 Items of Interest Week of November 20, 2023

This weekend masked members of the neo nazi group Blood Tribe marched up State St, to the Capitol and then to the Gates of Heaven Synagogue in James Madison Park spewing their dangerous antisemitic, racist, white supremacist, and anti-LGBTQ messages. I join community leaders who stand against these fascist groups and say No to their hate.  Mayor ChancellorGovernorMilwaukee Journal Sentinel

Heading into the holiday week, the Council takes up the proposed zoning map amendment for the Brayton Lot, adopts amendments to the Comprehensive Plan, approves the Core Spaces Broom + Johnson proposal that includes affordable student housing and more.

Tuesday November 21 – Common Council Executive Committee – 4:30p CCEC Agenda 11.21.23

2. 80671 Amending Sections 2.03(3) and (5) of the Madison General Ordinances related to filling Common Council vacancies to amend the process for filling Common Council vacancies. 

DRAFTER’S ANALYSIS: This ordinance requires the Common Council Executive Committee to rank its top two preferred candidates to fill a vacancy in the position of alder. It also requires that, when a vacancy occurs on or prior to November 15th, that a special election be held at the following Spring Election to elect a successor to the appointed alder.

3. 79867 Revising Alder Pay Ordinance (MGO 3.50) 

The draft proposes to raise alders’ salaries effective April 15, 2025 after the new aldermanic terms begin. Any change would require being adopted in the 2025 Operating budget and following that, per Wisconsin Statutes, the increase must also be codified in an ordinance passed by a three-fourths vote of all members of the Council. The ¾th vote threshold was not met after the alder salary increase was approved in the 2023 Operating budget last year. The final decision for this new proposal is a year out. 

Alders' salaries, except for that of President and Vice President of the Common Council (which are higher), are proposed to be increased to $24,218 effective April 15, 2025. Effective April 21, 2026, and thereafter, that amount shall be adjusted by a percentage equal to the resultant percentages calculated two years previously for managerial employees pursuant to Sec. 3.54(9)(c), MGO, rounded to the nearest whole percentage, and shall be effective the second pay period in April of each year of the Aldermanic term.

Currently alders receive an hourly rate of $13.77 ($14,904 annual salary) and the President and Vice President receive higher salaries because of the additional duties of Council leadership. (Their current pay or a potential increase is not identified in the draft documents.) Alders are eligible to participate in the Wisconsin Retirement System based on the assumption we work 20 hours/week. The proposed new salary of $24,218 computes to an approximate hourly wage of $23.28/hour. According to MIT’s Living Wage calculator, a living wage in Madison to support a single adult with no children is $17.49/hour.  

In general, I support alders being paid a living wage for our 20 hour/week elected position. Alders often spend more than 20 hours during any given week serving the city but the proposal for a full time Council was rejected in 2021 in a city wide referenda.

Tuesday November 21 – Common Council – 6:30p CC Agenda 11.21.23

2. 80307 Amending map in Section 28.071(2)(a) related to downtown height limits of the Madison General Ordinances to update the Downtown Height Map in the Brayton Lot area. (District 6)

The Plan Commission voted last week 5-1 to support the amendment to change the height map while the Staff Report stated "On balance, staff believes that the current 10 and 4 story height limits for this block as reflected in the Downtown Plan and on the Downtown Height Map provide sufficient flexibility for a City-initiated development that would incorporate a substantial amount of affordable housing." In general, I agree with planning staff, but I am proposing an amendment to allow up to 6 additional stories in the 4 story portion with the goal that the street level S Hancock and E Main St should be built with a 2-3 story townhouse type façade .

My goal for the Brayton Lot is to achieve maximum affordability, not the maximum number of units. My focus is using the opportunity of the city owned site to enhance the amount of 30-50% area median income rental units. My understanding is that typically 9% WHEDA tax credit projects are built using wood construction and are limited in height (up to 5 stories stick-built construction over 1 story concrete podium). 

I think that amending the 4-story portion of the Downtown Height map to 6 stories for Block 113 could create the most affordability in the 30-50% area median income range. The 4-story portion is about 1/3 of the block. If we amended the map, the 10/6 split could allow flexibility to provide more units at 30-50% AMI for residents who earn between $12.35/hr to $20.55/hr. 

In the downtown housing market, these renters often end up paying more than 30% of their income on housing and are cost burdened. As the city continues to approve the demolition of naturally occurring affordable housing in the downtown core, low-income renters are displaced. 

City of Madison HOME and CDBG income limits for the range of area median incomes.

Buildings taller than 6 stories require more expensive post-tension concrete construction methods. They are more expensive buildings. The affordability range in a 10-story building would likely be 60-80% area median income, where a resident working full time would earn between $24.66/hr to $31.87/hr. And if construction pricing continues its inflationary upward trend and interest rates stay high, then even the 60-80% AMI range might not be financially feasible using WHEDA’s 4% tax credits unless the city contributes substantial allocations of Affordable Housing Fund and TIF money to offset the higher costs to build each unit. 

If maximum affordability is our goal, not maximum revenues from selling air rights for the entire 10-story block, then why not ask for what we know we want based on our understanding of how affordable housing projects get funded and built.  Affordable housing developers from Stonehouse Development and Gorman & Co I spoke to confirm that they use stick-built construction for their 9% tax credit deals.

Right now, the Brayton Lot is an empty lot. Zero density. Next to the Brayton lot is the State owned GEF buildings on S Butler St. Also zero housing density. The State will sell two of these buildings next year. I understand their policy will be to accept the highest bid so it is likely that the GEF parcels will be demolished and end up as high-end market rate rental apartments that can go up to the Capitol View limit according to the Downtown Height Map. We will be adding new neighbors and hundreds of additional housing units in this immediate area in the next 3- 5 years.

The Comp Plan repeatedly references the importance of context sensitive design and ensuring redevelopment can incorporate into its surroundings “... including considerations such as height and bulk, setback from the street, width along the street front­age, and site infrastructure, among others.” And “Context-sensitive design is particularly important in neighborhoods with an established charac­ter and where redevelopment or infill is occurring in close proximity to buildings of historic or architectural value.” The Brayton Lot is adjacent to the First Settlement Historic District.

There are many examples in adopted plans and ordinances where buildings step down to the existing neighborhood as part of context sensitive design. For example, the north side of Urban Design District 8 on E Washington requires step downs of 30-45 degrees when it abuts existing residential dwelling units along E Mifflin St. We’ve also seen a similar 10/6 story transition in the height of The Continental, the recently completed market rate development on the 400 block of E Washington. 

It is good urban planning to build in transitions to adjacent existing residential neighborhoods but in the case of the Brayton Lot, if we approve a change up to 6 stories, it also encourages developers to build the type of building construction that will increase the amount of affordability at 30-60% AMI. To allow up to 6 stories along E Main and a portion of S Hancock would meet the goal of getting a range of affordable housing for the entire project. Most of the letter’s alders have received talk about the need to ensure “deeply affordable and workforce housing” as part of the RFP process, regardless of how many stories it is. 

4. 80281 Adopting an amendment to the City of Madison Comprehensive Plan.

There is also a companion ordinance legistar 80367 (#39). The notes on the agenda state the following: 

On a motion by Ald. Figueroa Cole, seconded by Ald. Field, the Plan Commission recommended approval to the Common Council of the proposed amendments to the Comprehensive Plan as outlined in the staff memo dated November 13, 2023 and the following additions and revisions: 

- Draft text to include in the Low Residential (LR) category description October 11, 2023 version: “Many small institutional uses, such as places of worship, are mapped as Low Residential (LR), consistent with their surroundings. If current institutions embedded in residential areas relocate, cease to exist, or remain as part of a redevelopment, such sites may be redeveloped with more intensive residential uses. Redevelopment with Low-Medium Residential (LMR) uses is appropriate. In limited circumstances, intensities and heights in the Medium Residential (MR) land use category could be appropriate for the site or a portion of the site. Due to site[1]specific considerations, MR intensities may not be appropriate for all sites. Factors to be considered include relationships between proposed buildings and their surroundings, natural features, lot and block characteristics, and access to urban services, transit, arterial streets, parks, and amenities.” 

- In the new LMR escalator clause, remove language related to Area Plans as follows: ** Appropriate in select conditions at up to 70 DU/ac and four stories. [DELETE except for parts of the city with an Area Plan adopted after the 2023 Comprehensive Plan Interim Update.] Factors to be considered include relationships between proposed buildings and their surroundings, natural features, lot and block characteristics, and access to urban services, transit, arterial streets, parks, and amenities. - Draft text to include in the Special Institutional (SI) category description October 11, 2023 version: “Buildings that include places of worship, schools, and other institutions may be optimal for adaptive reuse or redevelopment with residential uses when the institutional use(s) relocate, cease to exist, or perhaps remain as part of a redevelopment. These sites are often embedded in residential areas, and are typically larger than most surrounding residential lots, making them good candidates for more intensive residential development. Redevelopment with Low-Medium Residential (LMR) uses is appropriate. In limited circumstances, intensities and heights in the Medium Residential (MR) land use category could be appropriate for the site or a portion of the site. Due to site-specific considerations, MR intensities may not be appropriate for all sites. Factors to be considered include relationships between proposed buildings and their surroundings, natural features, lot and block characteristics, and access to urban services, transit, arterial streets, parks, and amenities.” 

- Related to the specific amendments to Generalized Future Land Use maps, · Application 1 - Keep as LR · Application 4 - Keep as Employment · Application 7 - Keep as Employment/Industrial · Application 8 - Change from Employment to MR 

- Add a definition of 'community gardens' to the Comprehensive Plan. 

5. 80329 SUBSTITUTE: Creating Section 28.022-00646 of the Madison General Ordinances to change the zoning of property located at 405-407 & 311 West Gorham Street, 408-430 West Johnson Street, 304-318 North Broom Street, 4th Alder District, from PD (Planned Development) District, CN (Conservancy) District, and UMX (Urban Mixed-Use) District to UMX (Urban Mixed-Use) District. (District 4)

At last week’s Plan Commission, the demolition request and the conditional use permits for the Core Spaces LLC proposal for Broom + Johnson were approved. The Council has authority over the rezoning component and there is also a Land Use Agreement for adding long term affordable student housing (#30), a Certified Survey Map (#37), and an amendment to the Broom St height map to allow additional stories (#3). If the LURA and map amendment are approved, Core Spaces LLC could construct a new 8-15 story student housing apartment building with approximately 465 units.

From the Staff Report: The applicant has voluntarily agreed to provide 10 percent of the beds (165 in all) at a rate that is 40-percent below the market rate. They are proposing to enter into a Land Use Restriction Agreement (LURA) with the City (Legistar File ID 80423) and a Memorandum of Understanding (MOU) with the University of Wisconsin’s Office of Student Financial Aid. ... 

Since the proposed development would have a voluntary LURA to provide affordable beds, MGO Section 28.071(2)(a)2.a. states that it may exceed the maximum number of stories (i.e. 6 along N Broom Street and 12 for the rest of the site), “provided the building remains at or below the maximum height in feet in Table 28E-3.” (i.e. 88 feet for a six-story building and 172 feet for a 12-story building). To exceed the maximum number of stories, the code states that one requirement was if the development or redevelopment receives City of Madison funding to support affordable units. To this end, on September 19. 2023, the Council approved the sale of the 405 W. Gorham Street parcel between the City and Core Spaces, LLC for $1.00. As $1.00 is well below the appraised value, it is considered a form of financial contribution to support affordable units.

13. 80362 Amending Section 8.15(1) and Creating Subsection 37.05(11) of the Madison General Ordinances to allow for certain greenway encroachments and the creation of a greenway privilege.

14. 80654 Declaring the City of Madison's intention to exercise its police powers establishing the East Wilson Street and East Doty Street Reconstruction Assessment District - 2023. (District 4)

17. 80657 Awarding Public Works Contract No. 9086, Metro Transit Hanson Rd. Bus Facility Remodel. (District 17)

20. 80751 Awarding Public Works Contract No. 9361, State Street Campus Garage Mixed-Use Project (District 2)

22. 80342 Amending Section 2.29(3) related to Alder question and answer following public comments of the Madison General Ordinances to impose a time limit for each Alder questioning public comment registrants.  Sponsors: Juliana R. Bennett, John W. Duncan, Dina Nina Martinez-Rutherford, Regina M. Vidaver And Nasra Wehelie

11/7/23 COMMON COUNCIL EXECUTIVE COMMITTEE RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER A motion was made by Figueroa Cole, seconded by Vidaver, to RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER. 

The motion failed by the following vote: Figueroa Cole Aye, Conklin No, Vidaver Aye, Govindarajan No, Evers No, Madison No, Currie Non-voting, Bennett Non-voting 

AGENDA NOTE: Motion to adopt failed. The recommended action is to place on file without prejudice.

79408 SUBSTITUTE: Authorizing a process for the Percent for Art projects for the State Street Campus Garage/Hawthorne Court redevelopment, including establishing the Ad Hoc State Street Campus Garage/Hawthorne Court Public Art Committee (District 2) Sponsors: Marsha A. Rummel And Juliana R. Bennett

33. 80556 Calling on the Federal Housing Authority as well as Government-Sponsored Enterprises like Fannie Mae and Freddie Mac to provide increased transparency to the public in the process of developing requirements and guidelines for condominium and housing cooperative lending requirements 

Sponsors: Derek Field, Marsha A. Rummel, Kristen Slack, Regina M. Vidaver, Michael E. Verveer, Barbara Harrington-McKinney And Amani Latimer Burris

40. 80569 Chief of Police 3rd Quarter Report: Chief Shon F. Barnes, Madison Police Department

INTRODUCTION OF NEW BUSINESS FOR REFERRAL WITHOUT DEBATE

54. 80722 Accepting ownership of the sculptures Greeting Arc I and Greeting Arc II by Sunghee Min Metal Arts, located in the median of the 200 block of S Pinckney Street (District 4). 

Sponsors: Michael E. Verveer And Marsha A. Rummel

60. 80809 Awarding up to $11,295,000 from the Affordable Housing Fund to support five affordable housing development projects, selected through a City Request for Proposals (RFP) process, that will support construction of approximately 375 units of new rental housing in Madison, 300 of which will be affordable, and authorizing the Mayor and City Clerk to execute loan agreements with the developers of those projects (Districts 11, District 13 and District 19).

 • Up to $1,985,000 to Neighborhood House Community Center, Inc. and Alexander Company, or an affiliate LLC, for Neighborhood House Apartments, a 60-unit rental housing development with 36 units with rents affordable to households with incomes at or below 30%, 50%, or 60% CMI 

• Up to $1,900,000 to Horizon Development Group, Inc., or an affiliate LLC, for Ellis Potter Apartments, a 65-unit rental housing development with 55 units with rents affordable to households with incomes at or below 30%, 50%, or 60% CMI 

• Up to $2,120,000 to JT Klein and DA Development, or an affiliate LLC, for University Park Commons II, a 68-unit rental housing development with 53 units with rents affordable to households with incomes at or below 30%, 50%, or 60% CMI 

• Up to $2,040,000 to MSP Real Estate, Inc., or an affiliate LLC, for Yellowstone Apartments, a 60-unit rental housing development with 51 units with rents affordable to households with incomes at or below 30%, 50%, or 60% CMI 

• Up to $3,250,000 to Northpointe Development II Corporation and Selassie Development, or an affiliate LLC, for Merchant Place Apartments, a 124 unit rental housing development with 90 units with rents affordable to households with incomes at or below 30%, 50%, or 60% CMI

61. 80810 Approving the allocation of up to $1,850,000 of additional Affordable Housing Funds to be divided between Wisconsin Housing Preservation Corporation (WHPC) for Gardner Bakery Housing Redevelopment and St. John’s Lutheran Church, in partnership with Urban Land Interests, for St. John’s Lutheran Church Housing Redevelopment and authorizing the Mayor and City Clerk to execute loan agreements with the developers of those projects. (District 2 and District 12)

Staff Report “In 2022, the Common Council adopted RES-22-00823 (Legistar File #74454), which authorized up to $2,950,000 of City Affordable Housing Fund (AHF) funds to Wisconsin Housing Preservation Corporation (WHPC), or an affiliate LLC, for the Gardner Bakery Housing Redevelopment, now known as Rise Apartments. The proposal will create 245 total units of new rental housing of which 161 would be affordable, designated for households with incomes at or below 30%, 50% or 60% of County Median Income, and with rents subject to limits established by federal guidelines. 

Additionally, the Resolution authorized up to $3,500,000 of City Affordable Housing Fund (AHF) funds to St. John’s Lutheran Church, in partnership with Urban Land Interests, or an affiliate LLC, for the St. John’s Lutheran Church Redevelopment. That proposal will create 130 total units of new rental housing of which 110 would be designated for households with incomes at or below 30%, 50% or 60% of County Median Income with rents set through federal guidelines. 

With this City support, the developers were successful in securing WHEDA-administered Low Income Housing Tax Credits, and other financing. However, rising construction costs, interest rates and other factors have made it difficult for the developments to proceed within the timelines required by WHEDA. The provision of additional City support, and in the case of the St. John’s Lutheran Church redevelopment, additional County support, will allow the developments to proceed.

Award up to $500,000 in additional City Affordable Housing Funds to Wisconsin Housing Preservation Corporation (WHPC), or an affiliate LLC, for the Gardner Bakery Housing Redevelopment, now known as Rise Apartments, bringing the total AHF loan to $3,450,000. Loan terms will remain unchanged from the previously authorized resolution. 

Award up to $1,350,000 in additional City Affordable Housing Funds to St. John’s Lutheran Church, in partnership with Urban Land Interests, or an affiliate LLC, for the St. John’s Lutheran Church Housing Redevelopment, bringing the total AHF loan to $4,850,000. In return, the developer agrees to incorporate Tenant Selection Plan Standards required in the 2023 AHFTC RFP to this development. Loan terms will remain unchanged from the previously authorized resolution. This additional award of AHF will match a $1.35 million supplemental County contribution approved as part of the County’s 2024 Capital Budget.”

WHPC letter about unforeseen sewer special assessment 

69. 80837 Authorizing the Dissolution of the Public Market Development Committee (District 12) 

Sponsors: Amani Latimer Burris, Marsha A. Rummel, Satya V. Rhodes-Conway, Yannette Figueroa Cole And Barbara Harrington-McKinney

We did it!! I’m so proud to have started and finished this work. From the resolution in case you want a reminder of the journey:

On July 5, 2011, the Common Council approved the creation of the “Madison Local Food Committee” to advise the Mayor and Common Council on initiatives that could help strengthen and support the local food economy (Legislative File # 22780). The Common Council approved changing the name of the “Madison Local Food Committee” to the “Public Market Development Committee” on November 22, 2016 and refined the scope of the committee’s work to focus on advancing the establishment of a public market in Madison (Legislative File # 44612). Members of the Local Food Committee and then the Public Market Development Committee -- in partnership with City leadership (Mayor and Common Council), EDD staff, and the Madison Public Market Foundation -- have worked diligently for more than 10 years to do the following:

In 2013, secured $250,000 in funding authorized by the Common Council and selected Project for Public Spaces to create a business plan for the Madison Public Market, which included three phases: (1) visioning, asset mapping, and outreach to potential vendors and customers, (2) site exploration, and (3) creation of a detailed business plan, as well as a Racial Equity and Social Justice analysis of the project.

In 2016, adopted an implementation strategy that provided a framework for future work on the Madison Public Market project.

In 2017, launched the MarketReady Program and selected the Northside Planning Council as program operator.

 In 2018, selected the Madison Public Market Foundation as the operator for the Madison Public Market.

 Between 2019 and 2023, approved funding from multiple sources, including City TIF funding, Dane County funding, federal ARPA funding, and State of WI Neighborhood Investment Fund Program funding

And on October 17, 2023, adopted a 2023 budget amendment of $1.64M to close the gap to move the project forward and received $1M in funds from the county for furniture fixtures and equipment on October 19, 2023.

81. 80861 Authorizing the allocation of up to $4 million of City Affordable Housing Funds to the Community Development Authority of the City of Madison (CDA), or an affiliate LLC, to help finance Phase 1 redevelopment of the Triangle public housing site, including demolition of the existing 163-unit Brittingham Apartments and construction of an equivalent number of replacement dwelling units, and authorizing the Mayor and the City Clerk to enter into a Loan Agreement. (District 13)

Wednesday November 22 – Alcohol License Review Committee – 5:30p ALRC Agenda 11.22.23

5. 80435 Change of Agent Lhotse LLC • dba AMA • 809 Williamson St New Agent: Akash Pradhan Class B Combination Liquor & Beer (District 6)

21. 80734 Discussion on how the Alcohol License Review Committee can provide support to non-English speaking applicants to make informed decisions