Alder Brian Benford
210 Martin Luther King, Jr. Blvd
Madison, WI 53703
Phone: (608) 266-4071
Fax: (608) 267-8669
WI Relay Service
Alder Benford’s Updates
D6 Items of Interest Week of September 16, 2019
Highlights : The hot topic at Tuesday's Council meeting will be the resolution regarding a response to F-35s at Truax Field. I am one of the sponsors. Based on the facts in the draft EIS, we concluded that the Council should not support Truax as the preferred location. I expect there will be possible amendment(s) to change the resolution. If you want to share comments, please send an email to email@example.com and include your address. The full resolution is here https://madison.legistar.com/LegislationDetail.aspx?ID=4133444&GUID=A0312E0F-DC9F-418E-AFB1-5538B3B90D6A&FullText=1 Here are the final clauses:
NOW THEREFORE BE IT RESOLVED, that the Madison Common Council concludes that the adverse impacts described in the Draft EIS will substantially reduce the quality and quantity of current affordable housing stock, decrease the value of the property tax base, reduce opportunities for Transit-Oriented Development, disproportionately affect children and families of color, and are contrary to the City of Madison's values of equity, sustainability, health and adaptability as codified in our Comprehensive Plan adopted in 2018 , the City's Racial Equity and Social Justice Initiative , and undermine multiple long-term goals of City policy makers and,
BE IT FURTHER RESOLVED, that based on the significant, negative impacts highlighted in the Draft EIS that will disproportionately impact children and residents with low-incomes and communities of color, and given that there is no guarantee that sound mitigation or abatement will take place and that the City of Madison would have no official role in any potential mitigation program, the Madison Common Council does not support the selection of Truax Field as a preferred location for the 5th Operation Beddown; and,
BE IT FURTHER RESOLVED, that the Madison Common Council requests the Air National Guard to reconsider Truax Field as a preferred location until and unless the findings of the EIS are shown to misrepresent and underestimate the significant environmental impacts to those living, working, and visiting the north and east sides of Madison; and,
BE IT FINALLY RESOLVED, that the Madison City Clerk send a copy of this resolution to the F-35A EIS Project Manager, Secretary of the Air Force, US Senators Tammy Baldwin and Ron Johnson, Congressman Mark Pocan, Wisconsin Governor Tony Evers, Wisconsin Senators Miller, Erpenbach, Wisconsin Assembly Representatives Sargent, Taylor, Hesselbein, Dane County Board & County Executive Parisi, and Dane Co. Airport Commission.
Last week city planning staff published an excellent analysis of the impact of F-35s. Some highlights: "It should also be noted that there are several concentrations of poverty and persons of color just outside the 65 db contour, including the CDA Truax housing, CDA Webb-Rethke townhomes and other housing near Worthington Park, and near the intersection of Packers Avenue and Northport Drive. While these areas will experience virtually identical noise exposure as residents who live on the contour line, they will not be eligible for federal sound mitigation funding through the Noise Compatibility Program. If Truax is selected for future F35s, it's a reasonable conclusion that non-mitigated areas immediately adjacent to but outside the 65 db contour may experience more significant impacts than mitigated (soundproofed) residences inside the impacted area. ...
While the EIS identifies 14 CFR Part 150 Noise Compatibility program as a potential path to mitigate noise exposure, it does not discuss the process, identify responsible parties or other relevant program details. Without this information, it's not possible to understand the likelihood, timing and potential local costs associated with mitigating impacted properties. The draft EIS places the burden of identifying and understanding the program on those expected to provide comments; it would be far more helpful for the Air National Guard to expand this section and give Madison's residents and elected officials better information on this program. Staff has learned through discussions with the FAA that individual airports are responsible for initiating noise compatibility studies and mitigation programs. Since the airport is operated by Dane County and controlled by a board appointed by the County Executive, the City of Madison would have no official role in any potential noise mitigation study or program. The inability for the City to act on behalf of its residents and in the best interest of City-owned housing is a concern." https://www.cityofmadison.com/news/city-staff-memo-maps-on-f-35-environmental-impact-statement
For introduction and referral at the Council is the expansion of snow emergency zones and exempting streets within the expanded zone from alternate-side parking restrictions unless the City declares a snow emergency. Thanks for all the feedback earlier this year, I think the ordinance addresses concerns we heard.
The Landmarks Ordinance Review Committee meets Wednesday. In addition to reviewing the draft ordinance changes, we will have a presentation on windows. All of you who own properties in a historic district should check out the links to learn more about best practices to maintain historic windows. Stop throwing away old growth wood windows in the name of energy efficiency, the majority of heat loss is through the roof, walls, and ceiling.
On Thursday I am holding a neighborhood meeting about the redevelopment of 210 S Dickinson, more details below.
Monday September 16, 2019
5p room 153 MMB
1.56588 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.
2. 56727 Landmarks Commission: Demolition By Neglect Report - 121 Langdon Street (Suhr House)
5. 57313 409 S Few St - Exterior Alteration in the Third Lake Ridge Hist. Dist. - Installation of wall sign; 6th Ald. Dist.
6. 57355 1254 Rutledge St - Exterior Alterations in the Third Lake Ridge Hist. Dist.; 6th Ald. Dist.
8. 57367 303 S Paterson St - Exterior Alteration in the Third Lake Ridge Hist. Dist. - New window openings; 6th Ald. Dist.
Monday September 16
5:30p room 201 CCB
18. 56981 3rd SUBSTITUTE. Amending Sections 28.097(2) and (3) of the Madison General Ordinances to require conditional use approval in the Campus-Institutional District for uses involving new buildings or additions to existing buildings exceeding 4,000 square feet in area ...
At the August 26 Plan Commission, the repeal of the Edgewood Campus Master Plan and an amendment to strengthen the zoning text for the Campus-Institutional zoning district were on the agenda. The gallery was full and the meeting lasted until almost 1am. The PC referred both. At the Sept 3 Common Council meeting, a motion was approved to refer the repeal of Edgewood's Master Plan for additional time to allow the PC and CC to take up changes to the zoning text amendment before the repeal. This could be quick item or all the stakeholders will show up again to speak...
Monday September 16
CITY-COUNTY HOMELESS ISSUES COMMITTEE
6:30 room 357 CCB
- 57495 2020 City of Madison Community Development Division and Dane County Human Services Department Budget Overviews - Linette Rhodes, Community Development Grants Supervisor, City of Madison Community Development Division and Shawn Tessmann, Director, Dane County Human Services
Tuesday September 17
Common Council Executive Committee
4:30p room 153 CCB
5. 57484 Discussion with Mayor Rhodes-Conway (9/17/19) - Report from Meeting with BID Board - Complete Count / 2020 Census - Update on Performance Excellence & Results Madison
6. 57485 Presentation: Town of Madison Inventory Process - Heather Stouder (Planning), Laura Larsen (Finance), Jeffrey Greger (Planning)
FUTURE AGENDA ITEMS
Legislative File No. 54777 - SECOND SUBSTITUTE - Creating a special joint City-County task force on PFAS (per- and polyfluoroalkyl substances) contamination to review, analyze and provide recommendations for a comprehensive response to PFAS contamination in Madison. (10/15/19 CCEC meeting)
I have met several times with County Board Chair Sharon Corrigan, Supervisor Michele Ritt, Public Health Madison Dane County and city and county staff to work through how and what we should coordinate at the city and county levels now that Governor Evers has announced Executive Order #40 to create a multi-agency PFAS coordinating committee among other recommendations https://docs.legis.wisconsin.gov/code/executive_orders/2019_tony_evers/2019-40.pdf.
At the last CCEC meeting I asked for referral. I hope to have a revised proposal by October 15. While there is definitely a need for public engagement and education, there may be less need for a local task force given the Governor's actions. PHMDC is working on creating a dedicated PFAS webpage with links to state and federal information and we are discussing outreach strategies to residents of Dane County, water utilities and sewerage districts and private well owners throughout the county. Starkweather Creek water sampling and testing of fish tissues is underway. The fish capture process was delayed earlier this summer due to high water, the results should be available early next year.
As you may know, in June, the Wisconsin Department of Health Services recommended a groundwater standard of 20 parts-per-trillion for two types of PFAS compounds, PFOA and PFOS. While Well 15 water is within the recommended standard, the Madison Water Utility announced it will continue to operate the city's water system without Well 15 to work with state and local health experts, the Department of Natural Resources and the public to determine next steps for the well.
Update: Permanent Supportive Housing- Capacity Building, Services & New Ideas Meeting - Linette Rhodes, Community Development Division & Ald. Tag Evers (10/15/19 CCEC meeting)
Tuesday September 17
6:30p room 201 CCB
3. 57248 2020 Executive Capital Budget
5. 57452 Report of the Mayor submitting resident committee appointments (introduction 9/17/2019; action 10/1/2019).
LANDMARKS COMMISSION: ELIZABETH (BETTY) BANKS (2nd A.D.) - appoint to the remainder of a three-year term to the position of Historian. Ms. Banks is a co-founder/executive director of Today Not Tomorrow, Inc. (TNT). She serves as the director of community outreach for TNT's Project Babies. She is a Madison native with a long history of community engagement and chronicling Madison's history, including publishing her own newspaper and producing her own television show. She is active with numerous organizations, including serving on the board of the Foundation for Black Women's Wellness. Ms. Banks succeeds Stuart Levitan.
TERM EXPIRES: 4-30-2022
6. 57432 Authorizing the City Attorney, in consultation with the Mayor, to join the City as amicus in any cases related to immigration where the position of the state or federal government is contrary to Madison's policy of being an open and welcoming city for immigrants.
8. 56832 Creating Section 23.61 of the Madison General Ordinances to regulate goods and services advertised online that are required to be licensed, amending Section 1.08(3)(a) to create a bail deposit for violations thereof, and amending Section 1.08(4) to provide Director of Public Health Madison Dane County, Building Inspection Division Director and Humane Officers enforcement authority to issue citations for violations thereof. Sponsors: Lindsay Lemmer, Shiva Bidar, Patrick W. Heck, Arvina Martin and Marsha A. Rummel
DRAFTER'S ANALYSIS: Section 23.61 is created to regulate goods and services advertised online that are required to be licensed. Internet marketplaces and social media sites are increasingly used to advertise goods and services that the City of Madison or a Wisconsin state agency regulates with a license; such as tattooing, food items or tourist rooming houses. The City of Madison has an interest in ensuring compliance with both local and state laws as well as preserving the health and safety of its citizens. Under Central Hudson Gas & Electric Corp. v. Pub. Serv. Comm'n of N.Y., 447 U.S. 557 (1980), the government may ban advertising by businesses that are operating illegally, such as unlicensed business where a license is required if necessary to advance the government's interest. This ordinance will provide Public Health Madison Dane County and Building Inspection an enforcement tool.
12. 57057 Authorizing the City Engineer to submit a warranty alteration form and necessary paperwork including a signed overburden waiver to the Firestone Building Products Company LLC for the Roof Paver System and the PV Panel Racking System installation at Olbrich Botanical Gardens, 3330 Atwood Ave., in order to authorize the installation under the terms of the roof's warranty. (6th AD) Sponsors: Marsha A. Rummel
29. 57119 Amending the Police Department's 2019 operating budget, and authorizing the Mayor and Chief of Police to accept a Project Safe Neighborhoods grant award from the State of Wisconsin Department of Justice in the amount of $174,245 and to utilize these funds toward a Partnership for a Safer Madison initiative.
30. 57126 Amending the Police Department's 2019 Operating Budget; an authorizing the Chief of Police to apply for and the Mayor to accept the FY2019 USDOJ Edward Byrne Memorial Justice Assistance Grant award in the amount of $86,633 and to utilize these funds to support several law enforcement initiatives.
45. 57258 Authorizing the issuance of $29,810,000 General Obligation Corporate Purpose Bonds, Series 2019-B, of the City of Madison, Wisconsin, providing the details thereof, establishing interest rates thereon and levying taxes therefor.
Agenda Note: The Finance Committee is meeting on 9/17/19 on Legislative File No. 57258 and a report will be made from the floor / 15 Votes Required
46. 57259 Resolution authorizing the issuance of $80,410,000 General Obligation Promissory Notes, Series 2019-A, of the City of Madison, Wisconsin, providing the details thereof, establishing interest rates thereon and levying taxes therefor. Sponsors: Agenda Note: The Finance Committee is meeting on 9/17/19 on Legislative File No. 57259 and a report will be made from the floor / 15 Votes Required
48. 57356 Authorizing the Mayor and City Clerk to execute a lease with Art + Literature Laboratory (ALL) for the use of commercial space in the South Livingston Street Garage, located at 111 South Livingston Street, for the operation of a non-profit arts center, together with the approval of a grant to ALL in the amount of $500,000 from the Madison Capital Revolving Fund. Sponsors: Marsha A. Rummel Agenda Note: CDA is meeting on 9/12/19 on Legislative File No. 57356 and a recommendation will be made from the floor.
I worked hard to make sure an arts use would be in the commercial space in the new parking garage on S Livingston. Through an RFP process, the city selected Art+Lit+Lab. It took a while to get a win-win for both parties. Now the community needs to help ALL raise funds to do the build out.
49. 57366 Approving the Madison Arts Commission's selection of Artist Eric Adjetay-Anang as the first Thurber Park Artist in Residence.
57. 56478 Creating Sections 9.13(1)(c) and 9.13(13) and amending Section 9.13(4) of the Madison General Ordinances to create a process for full-sized Food Trucks to participate in street vending, adding a subsection for definitions, and amending existing provisions to allow for Food Trucks.
58. 57364 Responding to the Draft Environmental Impact Statement (EIS) for the Air National Guard F-35A Operational Beddown. Sponsors: Grant Foster, Rebecca Kemble, Marsha A. Rummel, Patrick W. Heck, Tag Evers and Syed Abbas
INTRODUCTION OF NEW BUSINESS FOR REFERRAL WITHOUT DEBATE
60. 57441 Creating Section 28.022 - 00404 and Section 28.022 - 00405 of the Madison General Ordinances to change the zoning of properties located at 2340 Winnebago Street and 2305-11 East Washington Avenue, 6th Aldermanic District, from TR-V1 (Traditional Residential - Varied 1) and PD (Planned Development) Districts to Amended PD (GDP-SIP) (Planned Development (General Development Plan - Specific Implementation Plan) District
Red Caboose and Movin' Out project are movin' forward!
61. 57233 Amending Section 12.1335 of the Madison General Ordinances to expand the boundaries of the "Snow Emergency Zone." Sponsors: Shiva Bidar, Patrick W. Heck, Michael E. Verveer, Grant Foster, Marsha A. Rummel and Avra Reddy
The proposed ordinance change expands the Snow Emergency Zone (SEZ) and exempts the streets within the expanded zone from alternate-side parking restrictions unless the City declares a snow emergency. Traffic Engineering estimates that the change would require approximately 900 signs to fabricate and install at a cost of $50,000. Costs in 2019 would be approximately $5,000 to sign the boundaries of the expanded area and can be absorbed within existing resources. Remaining signs would be fabricated and installed as budgets allowed.
It is the City's intention to expand the Clean Streets Clean Lakes zone (CSCL) to match the expanded SEZ to increase street sweeping activities and allow for a weekly opportunity to plow to the curb within the zone. Expanding CSCL can be done administratively by the City Engineer and does not require an ordinance change. Signing for this conversion is estimated to cost approximately $200,000 to put stickers on existing signs (1,600) and install new signs (1,470) where needed. A companion resolution (Legistar 57211) will be introduced to fund these costs by transferring existing budget authority from the Streets Division Emerald Ash Borer capital project to a new project in Traffic Engineering. Additional costs of $60,000 to $100,000 to permanently sign the area will be funded over the next few years by the Stormwater Utility in support of the street sweeping activities.
Parking Enforcement does not foresee any material operating expense impact due to this change. Parking Enforcement Officers will spend more time patrolling the areas outside of the SEZ when snow emergencies are not in effect.
Alternate Side Parking (ASP) citations are $20 and revenue from 7,164 citations for the November 2018 - March 2019 season was $143,280. SEZ citations are $60 for a ticket and $120 if the vehicle is towed. Revenue from 4,179 citations for the same period was $250,740. Revenue impacts of the change are difficult to estimate and are dependent on the number of snow emergencies and the mix of ASP and SEZ citations; however, it is not anticipated that revenues will decline.
No operating budget appropriation is necessary due to this change.
65. 57415 Amending the Police Department's 2019 Operating Budget and authorizing the Chief of Police to accept a public safety pass-through grant via the Dane County Sheriff's Office from the Wisconsin Department of Transportation for speed enforcement in the amount of $65,000; and amending the Police Department's 2019 Operating Budget by an additional $7,800 and to extend a Wisconsin Department of Justice Internet Crimes Against Children / Alicia's Law grant through 2020
71. 57460 Authorizing the City to accept a $20,000 grant from the Cities for Financial Empowerment Fund, Inc (known as the CFE Fund) to create a community-wide financial empowerment strategy; authorizing the Mayor and City Clerk to enter into a contract with the CFE Fund to receive funds and implement the project; and amending the Operating Budget of the Community Development Division as appropriate to receive and expend $20,000 in funds to manage and implement the project.
Wednesday September 18
STREET USE STAFF COMMISSION
10a room 108 CCB
6. 57437 MADISON YOUTH ARTS CENTER GROUNDBREAKING Mon., Oct. 21, 2019 / 1pm-5pm Partial Street Closure: 1055 E. Mifflin St. Tent setup & Amplification / Groundbreaking Ceremonies Discuss location, schedule, and setup Nicole Cuellar / Cg Schmidt
Wednesday September 18
ECONOMIC DEVELOPMENT COMMITTEE
5p Room 206 MMB
- 56845 Accepting the white paper titled "Equitable Development in Madison: An assessment of factors contributing to displacement and gentrification"
Wednesday September 18
Alcohol License Review Commission
5:30p room 201 CCB
6. 57466 Change of Licensed Premise Frameshift Arts Cafe LLC • dba Winnebago Arts Cafe Current Capacity (in/out): 99/0 • Proposed Capacity (in/out): 130/30 2262 Winnebago St • Agent: John DeHaven Class B Combination Liquor & Beer • 49% alcohol, 49% food, 2% other Aldermanic District 6 (Alder Rummel) • Police Sector 410 Request to add an outdoor patio to premises and increase indoor capacity.
9. 57506 Second request to extend license issuance beyond the 90 day limit under MGO 38.05 CocoVaa LLC • dba CocoVaa Chocolatier 1815 E Washington Ave ste 100 • Agent: Syovata Edari Estimated Capacity: 10 Class B Beer, Class C Wine • 5% alcohol, 95% food Aldermanic District 6 (Alder Rummel) • Police Sector 410
13. 57110 Public Hearing - New License Pho King Good LLC • dba Pho King Good 600 Williamson St • Agent: Ting Cai Zhou • Estimated Capacity: 100 Class B Combination Liquor & Beer • 20% alcohol, 80% food Aldermanic District 6 (Alder Rummel) • Police Sector 408
21. 57246 Public Hearing - New License Tokyo Sushi & Poke LLC • dba Tokyo Sushi 1133 Williamson St • Agent: Wenxin Chen • Estimated Capacity (in/out): 50/12 Class B Combination Liquor & Beer • 20% alcohol, 80% food Aldermanic District 6 (Alder Rummel) • Police Sector 408
Wednesday September 18
Landmarks Ordinance Review committee
5:30p room 153 MMB
1. 56918 Draft Historic Preservation Ordinance - Standards for Maintenance - Standards for Repairs - Standards for Alterations - Standards for Additions - Standards for New Structures
2. 57480 Discussion of Window Maintenance and Replacement (lots of good information in the link https://madison.legistar.com/LegislationDetail.aspx?ID=4132351&GUID=2EF7166B-DFC9-4290-916D-2FBAC52FA574)
Staff report highlights: A number of entities have completed research to investigate the claims of window manufacturers that old windows are not energy efficient. Preservation Pennsylvania prepared a study called Considering the Repair, Retrofit and Replacement of Historic Windows where they investigate both the claims for needing to replace historic windows and the process for maintaining them. They summarize the push to replace over repairing like so: "Unfortunately, many people base their decision to replace windows on incomplete or inaccurate information provided by individuals or companies that profit from selling new windows. Significant investment is made in marketing replacement windows, and convincing homeowners that they need them." When the Wisconsin Historical Society is reviewing a proposal to replace rather than repair historic windows for a preservation tax credit project, they require an evaluation by a contractor who is not employed by a window sales company in order to get an accurate assessment.
There are some preservation commissions that require an energy audit as a way of refuting the claim that only replacement windows could make a building energy efficient. The NPS discusses energy efficiency in Preservation Brief 3: Improving Energy Efficiency in Historic Buildings. Their findings are that the majority of heat loss is through the roof, walls, and ceiling. The historic preservation program in Ann Arbor, MI, produced their recommendations for Energy Conservation in Historic Buildings, and they also advocate for repairing original windows rather than replacing in the name of energy conservation.
Typically windows account for 10% of the heat loss of a building. The majority of that heat loss is air infiltration at the perimeter of the window, which can largely be resolved by weather stripping and caulking. In most windows (historic or new thermal pane), the heat transfer via the pane of glass accounts for 10-20% of the heat loss. So replacing a single pane window for a new double pane window in the name of energy efficiency is both not addressing the primary source of heat loss for either a window or a building, for a costly product. Adding a storm as a thermal pane or introducing interior cellular shades will address heat transfer through glass at a fraction of the cost. The National Trust for Historic Preservation's Preservation Green Lab conducted an in-depth analysis of a variety of retrofitting options and compared those to replacement (see Saving Windows, Saving Money: Evaluating the Energy Performance of Window Retrofit and Replacement). Their findings were that almost every retrofit option (weather stripping, interior or exterior storm windows, and cellular shades) had a drastically better return on investment.
Finally, maintaining historic windows is a sustainability issue. Replacement windows are generally not repairable and must be replaced whereas old-growth wood windows can be maintained nearly indefinitely. When the NPS released Illustrated Guidelines on Sustainability for Rehabilitating Historic Buildings in 2012, they included a section on windows. The emphasis is on maintenance and repair, but it does address replacement as these are rehabilitation standards. Likewise, the Wisconsin Historical Society makes the case for historic windows being sustainable and energy efficient in Advantages of Maintaining Your Historic Windows.
3.57050 Example Tour Materials
Thursday September 19
4p Goodman Maintenance Facility 1402 Wingra Creek Parkway
5 55741 2019 Golf Update
6 57490 Task Force Update
Thursday September 19
Green Card Youth Voices Book Launch
6:30-8:30pm – UW Madison Education Building, Wisconsin Idea Room (Room 159), 1000 Bascom Hall
Celebrate the release of Green Card Voices: Immigration Stories from Madison and Milwaukee High Schools alongside its co-authors, as students from James Madison Memorial High School read their stories to an audience for the first time. Meet & greet the authors, purchase books, and have books signed.
All Green Card Voices Madison programming is supported by a variety of partners including Green Card Voices, Madison College, Wisconsin Department of Public Instruction, Friends of Sequoya Library, Friends of Lakeview Library, Families for Justice of Dane County, Beyond the Page, National Endowment for the Humanities, and Madison Community Foundation.
Thursday September 19
210 S Dickinson St Neighborhood meeting
7:00 p.m. Marquette Elementary School Cafeteria 1501 Jenifer Street
Please join me for a neighborhood meeting where we will hear about Dr. Mike Kohn's redevelopment proposal for 210 S. Dickinson Street. Dr. Kohn proposes to replace the existing metal building with a new four-story, mixed-use building that would have commercial space on the first floor, along with enclosed parking, and 20-25 apartment units above. The proposal would require a Conditional Use Permit in order to have more than eight apartment units.
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