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 August 24, 2020
Due to the current average COVID-19 case count in Dane County, Public Health Madison & Dane County issued Emergency Order #9 PDF on August 21. The order requires all county schools to begin the school year virtually for students in grades 3-12, closing them to in-person pupil instruction, effective August 24, 2020 at 12:01 am. Grades K-2 may have in-person pupil instruction, with precautions outlined in the Order. Schools serving K-2 students are not required to open for in-person instruction, and those that choose to provide in-person pupil instruction for grades K-2 must still offer virtual learning options for students.
817 Williamson St and 909-915 Jenifer are at Plan Commission Monday.
Police accountability ordinances regarding the Independent Monitor and the Civilian Oversight Board are at Public Safety Review Committee on Wednesday and Common Council Executive Committee on Friday. They will head to the Council meeting next month for final approval. On Wednesday the Police and Fire Commission continues gathering community input on what we want in a Police Chief and the BODY-WORN CAMERA FEASIBILITY REVIEW COMMITTEE takes testimony from community groups on Thursday. More details below.
Metro resumes fare collection on all buses starting Tuesday, September 1. Passengers must have cash or a valid pass to ride. Also starting on Tuesday, September 1, passengers are directed to board at the front of the bus to access the farebox. To help prevent virus spread, Metro continues its riding rule of only 20 passengers allowed on each bus. As according to existing public health orders, all riders must continue to wear a mask when on the bus. For your convenience, free face masks are available on buses at the door. We also recommend riders use face coverings at transfer points and bus stops. All Metro and City of Madison employees are required to wear face coverings when they can't practice social distancing and stay more than 6 feet from others.
The City Clerk's Office will mail ballots to all voters with requests on file by September 17. It may take up to one week for a ballot to reach a voter through the mail. Voters may track the status of their ballot at https://MyVote.wi.gov . An Intelligent Mail Barcode on each absentee mailing label will provide the voter with more ballot delivery information than was available for the April Election. The My Vote website will list the date the Clerk's Office processed the absentee request, the date the Clerk's Office assembled the absentee mailing, the date the ballot went through the USPS processing center, and the anticipated delivery date. Voters who have requested an absentee are encouraged to note on their calendars that ballots will be mailed September 17, and that they should contact the Clerk's Office if they do not receive their ballot by September 24. More info on returning absentee ballots
Monday August 24, 2020
Water Quality Technical Advisory Committee
5p virtual meeting - click on the agenda for info on how to access the Zoom meeting, send comments on agenda items to email@example.com
1. Radium Study Results – Well 19
2. PFAS Testing Options & Results
3. COVID-19 Impacts on Utility Operations
4. Future Agenda Items
Monday August 24
5:30p virtual meeting - click on the agenda for info on how to access the Zoom meeting, send comments on agenda items to firstname.lastname@example.org
3. 60903 Creating Section 28.022 - 00446 of the Madison General Ordinances to change the zoning of property located at 909 Jenifer Street, 6th Aldermanic District, from TR-V1 (Traditional Residential-Varied 1l) District to TR-V2 (Traditional Residential-Varied 2) District.
4. 60682 909-915 Jenifer Street; Third Lake Ridge Historic District; 6th Ald. Dist.: Consideration of a conditional use in the [Proposed] Traditional Residential-Varied 2 (TR-V2) District for a housing cooperative to convert two apartment buildings into a 25-bed cooperative
Staff report: The applicant proposes convert two existing residential structures into one 25-bed, housing cooperative, with an underground basement connection between the two buildings. As part of the renovations, the applicant will construct a two story, 1,400 square-foot addition off the rear of the existing 909 Jenifer Street building. Project construction is anticipated to begin spring of 2021, with projected completion in fall of 2021. .. At the their August 17, 2020 meeting, the Landmarks Commission found the standards met and approved a Certificate of Appropriateness (CoA) for the new construction/exterior alterations for the subject site with the following conditions of approval: 1. The Preservation Planner shall approve: a. Door and window specifications; b. ADA ramp and railing design; c. Roof shingle specifications; and d. Above-grade classing or landscaping treatment of the plinth connector.
Alder comments: I support this proposal.
8. 60476 817 Williamson Street; Third Lake Ridge Historic Dist.; 6th Ald. Dist.: Consideration of a demolition permit to demolish a commercial building; consideration of a conditional use in the Traditional Shopping Street (TSS) District for a mixed-use building with less than 75% non-residential ground floor facing the primary street; consideration of a conditional use in the TSS District for a mixed-use building with less than 75% non-residential ground floor area; and consideration of a conditional use in the TSS District for a mixed-use building exceeding 25,000 sq. ft. in floor area, all to allow construction of a three-story mixed-use building with approximately 800 square feet of commercial space and 24 apartments.
Staff report: The applicant proposes to demolish an existing one-story commercial building and surface parking lot in order to construct a new 27,605-square-foot, three-story mixed-use building with 833-square-feet of commercial space, 24 residential units, and 17 underground parking stalls. ..The subject site is located within the Third Lake Ridge Historic District (HIS-TL) and therefore required Landmarks Commission approval of a Certificate of Appropriateness (CoA) for the land combination (CSM), demolition, and new construction per MGO §41.18 and MGO §41.23. At their June 1, 2020 meeting, the Landmarks Commission found the standards met and approved the CoA request for the demolition and land combination. At their August 18, 2020 meeting, the Landmarks Commission found the standards met and approved the CoA request for new construction.
Alder comments: I support demolition and appropriate infill for this location but I don't support the application because I don't believe it meets Conditional Use standard #9: "When applying the above standards to any new construction of a building or an addition to an existing building the Plan Commission shall find that the project creates an environment of sustained aesthetic desirability compatible with the existing or intended character of the area and the statement of purpose for the Zoning District"; or Conditional Use standard # 4: "The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district"; or Conditional Use standard #7: "The conditional use conforms to all applicable regulations of the district in which it is located."
The gross volume of the proposed building is out of scale for the south side of the 800 block, a block with mostly intact historic structures. Unlike other recent proposals for development on the south side of Williamson (739 and 803), the new building proposed to replace the MTI building fills the entire 66' parcel plus part of an additional half parcel. The proposed new building with a façade ranging from 60' front- 80' back has a larger footprint and street frontage than the surrounding fabric and historic pattern of development on the south side of Williamson.
While the Landmarks Commission may have found that the standards for new construction in the Third Lake Ridge Historic District were met, the Plan Commission can look at the totality of adopted plans and zoning standards. I disagree with the Planning division staff report's conclusion that "the proposed building design is compatible with the varied pattern of development along Williamson Street, which includes a range of building heights and widths" because it does not acknowledge the fine grained nuances reflected in the adopted 2004 BUILD II design guidelines that reviewed each block and each side of the block.
BUILD II acknowledges differences between the north and south sides of Williamson St (p10), does not recommend mid block commercial development in a block that is primarily residential like the 800 block (p15), and does not recommend buildings wider than 60' (p34). The flat roof commercial block building form is not recommended for mid block (p29). The BUILD II recommendations speak to the intended character of the historic district and the normal and orderly development and improvement of the surrounding property. I don't believe the applicable regulations of the TSS zoning district 28.064.(1)(e) which call for preservation, development or redevelopment consistent with the adopted goals, objectives, policies, and recommendations of the Comprehensive Plan and of adopted neighborhood, corridor or special area plans would be met if this proposal were approved. I believe that an out of scale mixed use residential building mid block will create a precedent that could negatively impact this mostly intact historic block.
I disagree with the staff report conclusion (p4) that the proposed dwelling units of 81 dwelling units per acre/DUA is not out of scale with the Comprehensive Plan recommendations for Neighborhood Mixed Use of 70 DUA. The Plan Commission recently turned down another project for exceeding the DUA. In 2018, the Plan Commission agreed with the neighborhood during the Imagine Madison/Comp Plan process that sections of Williamson St should be changed from Community Mixed Use to Neighborhood Mixed Use in recognition of that the street should not be seen as a Growth Priority Area because the intended character of the area was the existing historic character.
I found it odd that the staff report provides no comments about the conditional use being sought for "A building with non-residential uses occupying less than 75 percent of the ground-floor frontage facing the primary street" other than to identify that the building has approximately 830 square feet of commercial space. The letter of intent indicates the building footprint is approximately 7,342 square feet which means that the non-residential ground floor area will be just 11% of the total ground floor area. The TSS district allows for Exclusive Residential Use, 28.064(3)(b), but buildings with exclusively residential uses must meet the lot area, lot width, and side yard setback requirements in the TR-V2 District, Sec. 28.047. A building constructed to meet TR-V2 standards would require a 25' setback instead of 4' as proposed with the project. It is not clear to me and staff doesn't address whether 830 sf, or 11% of ground floor frontage, constitutes a mixed use building in the intended meaning of the term. In a August 25, 2014 zoning text amendment, 35040-Purely Residential Buildings and Usable Open Space Requirements in the TSS District, staff made the case for purely residential use in TSS: "In some cases, the push for mixed-use buildings in the zoning code has forced the creation of commercial spaces in locations where the market support for retail and similar uses is already low. As an unintended consequence, small commercial spaces are sometimes incorporated as "afterthoughts" within a redevelopment proposal driven by a market for its residential component." Given the stress on brick and mortar retail uses due to online shopping, exacerbated by COVID, why are we encouraging a mid block commercial building where it appears that the commercial space is an "afterthought" and not in conformance to adopted plans? Why not build a fully residential building (or two buildings?) that would fit the historic character of the block and provide new housing?
12. 61474 849 E Washington Avenue; 6th Ald. Dist.: Consideration of a conditional use in the Traditional Employment (TE) District to convert a tavern into a nightclub; and consideration of a conditional use in the TE District to construct an outdoor eating area for a nightclub.
Staff report: The applicant, Colleen Bos on behalf of Bos Meadery, proposes to establish a nightclub with an outdoor eating area. The nightclub is an existing tavern, but because it has an entertainment license for live music its use is now classified as nightclub per MGO §28.211. Tavern/Nightclubs are classified as a conditional use in the TE Zoning district. The applicant is also requesting conditional use approval for a new outdoor eating area. As proposed, the 300-square-foot patio will be located in from of the building along the East Washington Avenue frontage, between the sidewalk and the building. According to the submitted materials, the patio area is currently unused and filed with decorative rocks. The applicant intends to remove the rocks and construct a slightly raised patio with large 849 E Washington Avenue planters to separate the space from the sidewalk. The patio will have three tables, with seating for approximately 20 people. As proposed, the nightclub and outdoor eating area will have the same hours of operation as the existing meadery: 5:00 p.m. to 10:00 p.m. Sunday through Thursday and 2:00 p.m. to 10:00 p.m. on Fridays and Saturdays. No operational changes for the existing meadery are proposed with this application. ...Staff believes that the proposed nightclub and outdoor eating area can be found to meet the Conditional Use Approval Standards and recommends that the requests be approved by the Plan Commission, subject to input at the public hearing and comments from reviewing agencies. At the time of report writing, staff was not aware of any concerns on these requests.
Tuesday August 25
Public Safety Review Committee Budget Subcommittee
2p virtual meeting - click on the agenda for info on how to access the Zoom meeting, send comments on agenda items to PDPSRC@cityofmadison.com
1. Presentation from Teague Mawer, Laura Larsen, and Assistant Chief Patterson
NEW BUSINESS/DISCUSSION ITEM
2. Discussion on Community Policing Team data - specifically on foot patrol time, traffic enforcement time, coffee with a cop, etc. (A suggested pre-read could be the Etico staffing study on the MPD website)
3. Discussion on cost of services or quantitative data in attrition
4. Discussion of the drafted report and next steps for finalizing the compilation to bring to PSRC
Tuesday August 25
Water Utility Board
4:30p virtual meeting - click on the agenda for info on how to access the Zoom meeting, send comments on agenda items to WaterUtilityBoard@cityofmadison.com
2. 61861 Reviewing the Water Utility Board's Water Fluoridation Policy
The Madison Water Utility Board will be reviewing Madison's drinking water fluoridation policy at its upcoming August 25th meeting. The policy was last reviewed in 2014. In 1948, Madison's Common Council adopted a resolution calling for the addition of fluoride to the city's water supply to improve dental health among residents, especially children. Since then, Madison Water Utility has followed the recommendation of state and local health officials to add fluoride to Madison's drinking water. Madison Water Utility currently adds fluoride to the water supply to reach a target concentration of 0.7 milligrams per liter, as recommended by Public Health Madison and Dane County. The board may choose to vote on the fluoridation policy at Tuesday's meeting, or it may delay the vote until a future meeting.
I became aware of recent scientific studies that indicate there is evidence that fluoridation poses risks for developmental neurotoxicity to fetuses and infants with advice that pregnant mothers and children should be protected from the risks posed by fluoride. There have been several cohort studies (Green, Till, etc) conducted in the last few years since the Water Utility Board last reviewed our policy that found associations with early life exposure to fluoride and lowered IQ. Considering the fact that many people now receive a daily dose of fluoride in toothpaste and mouthwash compared to when initial fluoridation began, and the fact that it is also present in many bottled drinks and processed foods, I asked for a review of the data. I want to make sure there is a reason to continue to add it to our water supply and if so, make sure we understand what a safe level would be given the apparent risks. Staff has not yet posted all the correspondence we have received in legistar, I will request that it be added.
Wednesday August 26
5p virtual meeting - click on the agenda for info on how to access the Zoom meeting, send comments on agenda items to TransportationCommission@cityofmadison.com
2. 61843 Approving proposed locations and certain parking spaces for the removal of parking meters
Locations in D6: 500 E Wilson, 400 East Washington (South Side), 300 E Washington (South Side), 600 Railroad Street, 10 S Hancock 300 S Hancock, 2000 Atwood (North Side Only)
4. 61693 Presentation on Redevelopment RFP for the State Street Campus Parking Ramp on Lake Street
6. 61845 Wilson Street Corridor Geometrics Presentation and Feedback
Wednesday August 26
PUBLIC SAFETY REVIEW COMMITTEE
5p virtual meeting - click on the agenda for info on how to access the Zoom meeting, send comments on agenda items to PDPSRC@cityofmadison.com.
1. 60617 Amending the 2020 Operating Budget, creating the Office of the Independent Police Monitor and creating of the position of Independent Police Monitor as a 1.0 FTE position in CG21, Range 18, and other positions, providing funding for a Police Civilian Oversight Board, and establishing funding support for individuals bringing complaints before the Police and Fire Commission in response to the recommendations of the Madison Police Department Policy and Procedure Review Ad Hoc Committee.
2. 61667 Adopting the Final Report of the Alder Workgroup to Develop Logistics & Operational Details for Madison Police Department Independent Civilian Oversight
3. 61593 An Ordinance creating Sections 5.19 and 5.20 of the Madison General Ordinances establishing the Office of the Independent Police Monitor and the Police Civilian Oversight Board.
4. 61595 Amending MGO 3.54(9)(b) to add the position of Independent Police Monitor as a Compensation Group 21 level employee.
6. 61575 Mental Health Ambulances presentation on costs and recent discussions
Wednesday August 26
COMMUNITY SERVICES COMMITTEE
5:30p virtual meeting - click on the agenda for info on how to access the Zoom meeting, send comments on agenda items to CSC@cityofmadison.com
2. 61433 Authorizing the Community Development Division to accept grants from the Cities for Financial Empowerment Fund, Inc (known as the CFE Fund) to plan for and implement a Summer Jobs Connect youth employment program ($20,000), and create a Financial Navigator program ($80,000), and amend the Division's 2020 Operating Budget, as needed, to receive and expend the funds.
3. 61836 Peer Support Programming Update - Focused Interruption Coalition
4. 61837 Fall 2020 School-age Youth Programming Update
Wednesday August 26
POLICE AND FIRE COMMISSION
5:30p Virtual Community Conversation via Zoom Participants must pre-register at https://lvn.org/PFC
Local Voices Network will host small facilitated group conversations to discuss the role that police can or should play in our community. These conversations will be recorded and used as a way to collect public input into what we should be looking for in a new Police Chief. These recordings will be transcribed, indexed and shared with journalists, public officials, and the public via the lvn.org webpage. The PFC may have one or more commissioners present for each conversation in a listening role.
Thursday August 27
HOUSING STRATEGY COMMITTEE
4:30p virtual meeting - click on the agenda for info on how to access the Zoom meeting, send comments on agenda items to HousingStrategy@cityofmadison.com
2. 61852 Madison Area Cooperative Housing Alliance (MACHA) Presentation
Thursday August 27
BODY-WORN CAMERA FEASIBILITY REVIEW COMMITTEE
5:30p virtual meeting - click on the agenda for info on how to access the Zoom meeting, send comments on agenda items to BCFRC@cityofmadison.com
2. 61551 Discussion with community organizations regarding body-worn cameras Presenters: Urban Triage, Freedom Inc, Operation Fresh Start, Anesis Therapy
Thursday August 27
Alder Syed Abbas is Hosting a Public Safety Meeting with MPD Captain Brian Ackeret
6p virtual meeting Alder Abbas meeting with link to Zoom access
The discussion will focus on recent gun violence incidents in Eken Park.
Friday August 28
COMMON COUNCIL EXECUTIVE COMMITTEE
4:30p virtual meeting - click on the agenda for info on how to access the Zoom meeting, send comments on agenda items to email@example.com
4. 61667 Adopting the Final Report of the Alder Workgroup to Develop Logistics & Operational Details for Madison Police Department Independent Civilian Oversight. Sponsors: Donna V. Moreland, Shiva Bidar and Rebecca Kemble 8/3/20 Final Report Alder Workgroup to Develop Logistical and Operational Details for MPD Independent Civilian Oversight.pdf 60617.pdf Attachments: Finance Committee Recommended Approval (8/10/20) Equal Opportunities Commission Recommended Approval (8/13/20) Public Safety Review Committee Recommendation Pending (Meeting 8/26/20)
5. 61593 An Ordinance creating Sections 5.19 and 5.20 of the Madison General Ordinances establishing the Office of the Independent Police Monitor and the Police Civilian Oversight Board. Sponsors: Donna V. Moreland, Shiva Bidar and Rebecca Kemble Finance Committee Recommended Approval (8/10/20) Equal Opportunities Commission Recommended Approval (8/13/20) Public Safety Review Committee Recommendation Pending (Meeting 8/26/20)
6. 61595 Amending MGO 3.54(9)(b) to add the position of Independent Police Monitor as a Compensation Group 21 level employee. Sponsors: Donna V. Moreland, Shiva Bidar and Rebecca Kemble Attachments: Body 61595.doc Finance Committee Recommended Approval (8/10/20) Equal Opportunities Commission Recommended Approval (8/13/20) Public Safety Review Committee Recommendation Pending (Meeting 8/26/20)
7. 60617 Amending the 2020 Operating Budget, creating the Office of the Independent Police Monitor and creating of the position of Independent Police Monitor as a 1.0 FTE position in CG21, Range 18, and other positions, providing funding for a Police Civilian Oversight Board, and establishing funding support for individuals bringing complaints before the Police and Fire Commission in response to the recommendations of the Madison Police Department Policy and Procedure Review Ad Hoc Committee. Sponsors: Donna V. Moreland, Shiva Bidar and Rebecca Kemble 7/22/20 Memo to OIM-COB Logistics Workgroup.pdf 7/26/20 Memo to OIM-COB Logistics Workgroup - Draft Resolution.pdf Independent Police Monitor Position Description.pdf Attachments: Finance Committee Recommended Approval (8/10/20) Equal Opportunities Commission Recommended Approval (8/13/20) Public Safety Review Committee Recommendation Pending (Meeting 8/26/20)
District 6 Alder
City of Madison
You can fill out the census from home. Everyone living in your household should be counted. Census data determines how more than $675 billion in federal funds are distributed to communities across the country for affordable housing, childcare, healthcare, education, transportation, and more. That's over $2,000 per person for Madison and Dane County every year. Please remind friends and family to be counted. By law your answers are confidential. Respond online at my2020census.gov, by phone, or by mail--without having to meet a census taker.
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