MADISON, WISCONSIN
COMMON COUNCIL PROCEEDINGS
10/15/2002 6:34 P.M.

Regular Meeting

In the Chair: MAYOR BAUMAN
Present: 18
Late: ALD. BELLMAN (6:40 P.M.), ALD. BRUER (6:40 P.M.)

NEW BUSINESS

ORDINANCE

ID # 32705 Creating Section 28.06(2)(a)2754 of the Madison General Ordinances rezoning
property from Temp A Agriculture District to C2 General Commercial District, and
creating Section 28.06(2)(a)2755 of the Madison General Ordinances rezoning
property from Temp A Agriculture District to R5 General Residence District.
Proposed Use: Demolish 7 Houses & Build Pharmacy with Drive-Up Window,
45,000 Square Feet, Retail & Restaurant Space & Future Multi-Family Residential.
9th Ald. Dist., 8220-8410 Old Sauk Road.
REFER
On Motion of POULSON/BELLMAN
PLAN COMMISSION, ZONING ADMINISTRATOR, P.H., COMMON COUNCIL
MTG. 12-3-02

ID # 32706 Creating Section 28.06(2)(a)2757. of the Madison General Ordinances rezoning
property from Temp A Agriculture District to R1 Single-Family Residence District.
Proposed Use: 8 Single-Family Home Sites. 3rd Ald. Dist., 4610 Milwaukee Street.
REFER
On Motion of POULSON/BELLMAN
PLAN COMMISSION, ZONING ADMINISTRATOR, P.H., COMMON COUNCIL
MTG. 12-3-02

ID # 32707 Creating Section 28.06(2)(a)2756 of the Madison General Ordinances rezoning
property from Temp A Agriculture District and Temp M1 Limited Manufacturing
District to M1 Limited Manufacturing District. Proposed Use: Existing
Warehousing & Distribution. 16th Ald. Dist., 5801-5821 Femrite Drive .
REFER
On Motion of POULSON/BELLMAN
PLAN COMMISSION, ZONING ADMINISTRATOR, P.H., COMMON COUNCIL
MTG. 12-3-02

ID # 32708 Amending Section 28.04(5)(b)1. of the Madison General Ordinances to remove one of
the requirements for garages located in embankments in front yards.
REFER
On Motion of POULSON/BELLMAN
PLAN COMMISSION, P.H., COMMON COUNCIL MTG. 12-3-02

ID # 32709 Amending Section 28.09(5)(d)1. of the Madison General Ordinances to make the
treatment of major alterations to the exterior face of a building consistent with other
ordinance provisions dealing with the same use.
REFER
On Motion of POULSON/BELLMAN
PLAN COMMISSION, P.H., COMMON COUNCIL MTG. 12-3-02

ID # 32710 Amending Secs. 28.03(2), creating Secs. 28.085(2)(d)5. and 28.085(5)(d)5., amending
Sec. 28.09(2)(d)18., creating Secs. 28.09(2)(d)34. and 35., amending Secs.
28.09(3)(c)25. and 29., creating Secs. 28.09(3)(d)35. and 36., amending Sec.
28.10(4)(c)17., and creating Secs. 28.10(4)(d)30. and 31. of the Madison General
Ordinances to make specific zoning uses for community currency exchanges and rent
to own furniture and appliance stores and make them conditional uses in any district
REFER
On Motion of POULSON/BELLMAN
PLAN COMMISSION, P.H., COMMON COUNCIL MTG. 12-3-02

ID # 32711 Amending Sections 28.03(2) and 28.08(2)(b)11., creating Sections 28.08(2)(b)18.,
28.08(2)(c)27., amending Section 28.08(4)(b)3., and creating Sections 28.08(4)(b)6.
and 28.08(4)(c)7. of the Madison General Ordinances to remove distance and capacity
limits in districts zoned residential on community living arrangements (CLA), the
residents of which are living in CLA on the basis of a disability or handicap.
REFER
On Motion of POULSON/BELLMAN
PLAN COMMISSION, COMMISSION ON PEOPLE WITH DISABILITIES

ID # 32712 Amending Section 33.02(7)(c) of the Madison General Ordinances to permit
consideration by Urban Design Commission of design recommendations in City Plans.
REFER
On Motion of POULSON/BELLMAN
PLAN COMMISSION, URBAN DESIGN COMMISSION

ID # 32713 Amending Sections 16.23(5)(f)3. and 4, 28.09(5)(c)1., 28.12(12)(a), and 31.04(4)(c),
creating new Section 33.01(5)(g), renumbering current Sections 33.01(5)(g) through
(i) to Sections 33.01(5)(h) through (j), respectively, creating new Section 33.02(6)
and renumbering current Sections 33.02(6) through (13) to Sections 33.02(7)
through (14), respectively to raise fees for various land-use approvals.
REFER
On Motion of POULSON/BELLMAN
BOARD OF ESTIMATES, PLAN COMMISSION, URBAN DESIGN
COMMISSION, LANDMARKS COMMISSION, COMPTROLLER (FOR FISCAL NOTE)

ID # 32714 Amending Sections 35.02(7)(a), (b) and (c) of the Madison General Ordinances to
provide for 2003 Sewer Utility Rates effective January 1, 2003. BY TITLE ONLY.
REFER
On Motion of POULSON/BELLMAN
BOARD OF ESTIMATES, BOARD OF PUBLIC WORKS

ID # 32715 Amending Sections 10.17 and 10.18(3) of the Madison General Ordinances to clarify
regulations regarding placement of brush, leaves and yard waste for refuse collection.
REFER
On Motion of POULSON/BELLMAN
STREETS DIVISION, PED BIKE MOTOR VEHICLE COMMISSION, PUBLIC
SAFETY REVIEW BOARD

ID # 32716 Amend Section 2.38 of the Madison General Ordinances to modify the procedures of
confirmation hearings.
REFER
On Motion of POULSON/BELLMAN
COMMON COUNCIL ORGANIZATIONAL COMMITTEE

ID # 32717 Amending Section 8.18 of the Madison General Ordinances to revise parking
restrictions at Law Park, and amending Section 1.08(3)(a) to establish bail deposit
amounts for violations of the new regulations.
REFER
On Motion of POULSON/BELLMAN
PARK COMMISSION, TRANSIT/PARKING COMMISSION, TRAFFIC

ID # 32735 Amending Section 15.01(428) of the Madison General Ordinances conditionally
annexing a portion of the City of Fitchburg (Rimrock Road Neighborhood) to extend
temporary public water service until December 1, 2005, to extend Fitchburg’s
obligation to complete construction of its own water supply to this area, until
November 30, 2005, or such later dates as necessary to provide two full years to meet
its obligation, and to void or repeal Section 15.01(428) upon State approval of an
Intergovernmental Agreement Among the Town of Madison, City of Madison and
City of Fitchburg. BY TITLE ONLY.
REFER
On Motion of POULSON/BRUER
PLAN COMMISSION, BOARD OF ESTIMATES, COMMON COUNCIL MTG. 10-29-02
Additional Motions Suspend Rules to introduce items from the floor for referral,
Verveer/Borchardt: carry

ID # 32736 Amending Section 13.16(2) of the Madison General Ordinances to permanently
extend public water service to a portion of the City of Fitchburg (Rimrock Road
Neighborhood) upon State approval of an Intergovernmental Agreement Among the
Town of Madison, City of Madison and City of Fitchburg. BY TITLE ONLY.
REFER
On Motion of POULSON/BRUER
PLAN COMMISSION, BOARD OF ESTIMATES, COMMON COUNCIL MTG. 10-29-02
Additional Motions Suspend Rules to introduce items from the floor for referral,
Verveer/Borchardt: carry

ID # 32737 A zoning text amendment to provide for driveways as a conditional use in
Conservancy Districts. BY TITLE ONLY.
REFER
On Motion of HOLTZMAN/VERVEER
PLAN COMMISSION, ZONING BOARD OF APPEALS
Additional Motions Suspend Rules to introduce items from the floor for referral,
Verveer/Borchardt: carry

RESOLUTION

ID # 32718 Amending the 2002 Capital Budget and authorizing the appropriation of $580,000 as
a grant to the CDA for the purchase of the property at 1817 Lake Point Drive to
continue the implementation of the Redevelopment Plan for the West Broadway
Redevelopment Area. BY TITLE ONLY.
REFER
On Motion of POULSON/BELLMAN
BOARD OF ESTIMATES, COMMUNITY DEVELOPMENT AUTHORITY

ID # 32719 Accepting sponsorship of Miller Brewing Company for the provision of free expanded
transit service on New Year’s Eve, and authorizing the Mayor and Clerk to sign an
agreement with Miller Brewing Company, which may contain an indemnification clause.
REFER
On Motion of POULSON/BELLMAN
BOARD OF ESTIMATES, TRANSIT/PARKING COMMISSION

ID # 32720 Approving an allocation of 2002-2003 Federal Child Development Block Grant
Funds for support of the Girl Neighborhood Power program.
REFER
On Motion of POULSON/BELLMAN
BOARD OF ESTIMATES, EARLY CHILDHOOD CARE AND EDUCATION

ID # 32721 Authorizing the Mayor and City Clerk to enter into a 140-day option agreement or
option agreements for the purchase of property for the construction or renovation of
an administrative office and, depending on site suitability, an operations/maintenance
facility and vehicle storage building for Madison Water Utility and authorizing the
Water Utility to expend up to $25,000 in budgeted funds for this purpose.
REFER
On Motion of POULSON/BELLMAN
BOARD OF ESTIMATES, COMMON COUNCIL MTG. 11-5-02

ID # 32722 Authorizing the Traffic Engineering Division to apply for and accept $19,800 in
grant funds from the Wisconsin Department of Transportation to improve intersection
safety in the Lincoln School area and authorizing the Mayor and City Clerk to enter
into an agreement with WISDOT and amending the 2003 Traffic Engineering
REFER
On Motion of POULSON/BELLMAN
PED BIKE MOTOR VEHICLE COMMISSION, BOARD OF ESTIMATES

ID # 32723 Amending the Master List of Street Names and Designations and amending the City
Engineer's Street Numbering Map, referred to in Sections 10.34(1) and 10.35,
Madison General Ordinances to change the name of Suffolk Drive to Suffolk Road.
REFER
On Motion of POULSON/BELLMAN
BOARD OF PUBLIC WORKS, PLAN COMMISSION, PED BIKE MOTOR
VEHICLE COMMISSION

ID # 32724 Accepting an Offer to Purchase from Donald R. and Rhonda J. Moore for a portion of a
City-owned parcel located at 617 Ring Street.
REFER
On Motion of POULSON/BELLMAN
BOARD OF PUBLIC WORKS, PEDESTRIAN-BIKE COMMITTEE, PLAN
COMMISSION

ID # 32725 Authorizing the Mayor and the City Clerk to execute a Professional Services
Agreement with Strand Associates, Inc. for the preparation of wellhead protection
plans for Water Utility unit wells 15, 26, and 29.
REFER
On Motion of POULSON/BELLMAN
COMMON COUNCIL MTG. 11-5-02

ID # 32734 Authorizing the Mayor and City Clerk to execute an intergovernmental agreement
among the City of Madison, the Town of Madison and the City of Fitchburg regarding
boundary changes and other urban growth and delivery of municipal service issues,
pursuant to an approved cooperative plan under Sec. 66.0307, Wis. Stats., and
authorizing participation of the City of Madison in the preparation of the cooperative
plan for public hearing and submittal to the Wisconsin Department of Administration
for approval. BY TITLE ONLY.
REFER
On Motion of POULSON/VERVEER
PLAN COMMISSION, BOARD OF ESTIMATES, COMMON COUNCIL MTG. 10-29-02
Additional Motions Suspend Rules to introduce items from the floor for referral,
Verveer/Borchardt: carry

ACCOUNTS & CLAIMS - REFER TO RISK MANAGER

CLAIM

ID # 32727 J. Wright, 210 MLK Jr. Blvd., Dane County Jail, Madison - personal injury - amount
to be determined.

ID # 32728 M. Jaeger, 13 Ironwood Circle, Madison - vehicle damage - $470.95.

ID # 32729 S. Hye, 5314 Matthews Rd. # 5, Madison - vehicle damage - $1,848.47.

ID # 32730 J. Hughey, 1453 Bellflower Lane, Madison - property damage - $245.00.

ID # 32731 M. DeNure, 1606 Fordem, Madison - vehicle damage - $466.25.

ID # 32732 A. Jacobson, 2706 Union St., Madison - property damage - amount to be determined.

ID # 32733 L. Lyons, 1809 Fremont St., Madison - vehicle damage - $2,061.10.

PETITIONS & COMMUNICATIONS

PETITION

ID # 32695 Petition dated July 29, 2002 from Mortensen Investment Group, LLC, re: direct
annexation from the Town of Madison to the City of Madison. (Mortensen Annexation)
REFER
On Motion of SLOAN/THOMAS
PLAN COMMISSION, COMMON COUNCIL MTG. 11-5-02

ROUTINE BUSINESS

REPORT OF HOUSING COMMITTEE

ID # 31988 REPORT OF HUMAN RESOURCES DIRECTOR dated June 26, 2002 re: Report on
Residency Study. (NOTE: This item was referred at the 7-2-02 CC Mtg. to Human Resources
to setup a staff team made up of the agencies that respond to emergencies to study the report
and make recommendations to council at the first meeting in September, 2002. The staff team's
meetings are still occurring, therefore a recommendation can not be provided yet.)
REREFER
On Motion of SLOAN/VERVEER
HUMAN RESOURCES

ORDINANCE

ID # 23582 (Two)To adopt and confirm amendments to certain sections of the Madison General
Ordinances as set forth in attached Exhibit A pursuant to Sec. 66.035, Wis. Stats.,
regarding noise regulations.
REREFER
On Motion of SLOAN/VERVEER
BOARD OF BUILDING CODE, FIRE CODE, AND LICENSING APPEALS,
PLAN COMMISSION, ECONOMIC DEVELOPMENT COMMISSION, COMMON
COUNCIL ORGANIZATIONAL COMMITTEE, PUBLIC HEALTH COMMISSION,
BOARD OF ESTIMATES, COMPTROLLER

ID # 26681 Creating new Subsection (5) of Section 19.16 of the Madison General Ordinances to
require the installation of underground entrance facilities at all properties served by
underground electrical facilities, and renumbering current Subsections (5) and (6) of
Section 19.16 to Subsections (6) and (7), respectively.
REREFER
On Motion of SLOAN/VERVEER
BOARD OF PUBLIC WORKS, BUILDING INSPECTION

ID # 28352 Creating Section 5.085 of the Madison General Ordinances to establish a user charge.
BY TITLE ONLY.
REREFER
On Motion of SLOAN/VERVEER
PUBLIC SAFETY REVIEW BOARD

ID # 30729 Amending Chapter 28 to authorize building more densely than permitted in a zoning
district if affordable housing is provided. BY TITLE ONLY.
REREFER
On Motion of SLOAN/VERVEER
HOUSING COMMITTEE, PLAN COMMISSION, COMMON COUNCIL MTG.

ID # 31628 Creating Section 32.08(5) establishing a city-wide landlord registration program. BY
TITLE ONLY.
REREFER
On Motion of SLOAN/VERVEER
HOUSING COMMITTEE, COMMUNITY DEVELOPMENT AUTHORITY

ID # 32137 Requiring signs at least 8.5" x 11" in size with 48 point font-type posted on the
premises at the entry of any public establishment warning patrons of the use of video
cameras on the premises. BY TITLE ONLY.
REREFER
On Motion of SLOAN/VERVEER
PUBLIC SAFETY REVIEW BOARD, ALCOHOL LICENSE REVIEW COMMITTEE

ID # 32140 Amending Section 23.54 of the Madison General Ordinances to change the minimum
loss from retail theft. BY TITLE ONLY.
REREFER
On Motion of SLOAN/VERVEER
PUBLIC SAFETY REVIEW BOARD, CITY ATTORNEY

ID # 32254 Amending Sections 3.47(9)(c) and (g)4. of the Madison General Ordinances to clarify
that persons being reappointed to a City board, committee, commission,
subcommittee, or ad hoc committee are required to file a Statement of Interest and to
specify that motor vehicle transactions are included in the list of exceptions which
need not be disclosed.
REREFER
On Motion of SLOAN/VERVEER
ETHICS BOARD

ID # 32429 Amending Section 3.27(3) of the Madison General Ordinances to require that, even
in the absence of a quorum, members of the public who are present to address a board,
committee or commission be permitted to speak and that the substance of their
comments be recorded.
REREFER
On Motion of SLOAN/VERVEER
COMMON COUNCIL ORGANIZATIONAL COMMITTEE

ID # 32481 Amending Section 38.02 of the Madison General Ordinances regarding Alcohol
Beverages Regulated, clarifying definition of restaurants to include those whose sales
of alcohol is 50%.
REREFER
On Motion of SLOAN/VERVEER
COMMON COUNCIL ORGANIZATIONAL COMMITTEE, ALCOHOL LICENSE
REVIEW COMMITTEE

RESOLUTION

ID # 31627 Supporting the establishment of federal legislation to ban growing, disseminating,
and marketing products that contain genetically engineered organisms until they
have been proven safe for human consumption and the environment.
REREFER
On Motion of SLOAN/VERVEER
COMMON COUNCIL ORGANIZATIONAL COMMITTEE, COMMISSION ON
THE ENVIRONMENT

ID # 32294 Authorizing the City of Madison to enter into an agreement with the State of
Wisconsin Department of Agriculture, Trade and Consumer Protection, and the Dane
Count District Attorney's Office for the enforcement of the Wisconsin
Landlord-Tenant Administrative Code. BY TITLE ONLY.
REREFER
On Motion of SLOAN/VERVEER
CITY ATTORNEY, BUILDING INSPECTION DIRECTOR, COMPTROLLER (FOR
FISCAL NOTE)

BUSINESS BY THE MAYOR

APPOINTMENTS

ID # 32726 Citizen Appointments dated October 15, 2002.
REFER
On Motion of POULSON/BELLMAN
COMMON COUNCIL MTG. 11-5-02

RESOLUTION

ID # 32696 Res. # 59847 Clarifying the role of the jury for the Bus Passenger Shelter Design
Competition for State Street.
ADOPT
On Motion of SLOAN/VERVEER
Additional Motions Adopt, Sloan/Verveer: no action taken; Suspend Rules for all
items that require adoption under suspension of the rules, Sloan/Verveer: carry

ID # 32697 AMENDED Res. # 59848 - Authorizing the Mayor and City Clerk to execute a
Memorandum of Understanding with the City of Sun Prairie regarding the
maintenance and future improvements to Hoepker Road from American
Parkway/Rattman Road east to the existing City of Madison corporate limits.
ADOPT WITH FRIENDLY AMENDMENTS
On Motion of SLOAN/BORCHARDT
Additional Motions Friendly amendment to add "with the City of Sun Prairie" after
"Memorandum of Understanding" in the Be It Further Resolved clause,
Sloan/Borchardt: carry; Friendly amendment to add "east to the existing City of
Madison Corporate Limits" after "American Parkway/Rattman Road" in the Be It
Further Resolved clause, Sloan/Borchardt: carry


BUSINESS BY THE PRESIDENT OF COMMON COUNCIL

REPORT OF COMMON COUNCIL PRESIDENT

ID # 32698 Dated October 9, 2002 re: ID# 31888, concerning smoke-free restaurants and eliminating
exception for restaurant whose sales of alcohol is 50% or less.
Appearances - Supporting: 5 Appearances - Opposing: 5
Registrations - Supporting: 3 Registrations - Opposing: 6
RECEIVE
On Motion of SLOAN/VERVEER
Additional Motions Suspend Rules to allow speaker 1 additional minute,
Konkel/Onken: carry; Friendly amendment to require the COUNCIL PRESIDENT'S
WORK GROUP ON SMOKE-FREE RESTAURANT ORDINANCE be an open meeting,
Konkel/Verveer: carry

ID # 31888 SUBSTITUTE - Amending Section 23.05(1) of the Madison General Ordinances clarifying
definitions, repealing Section 23.05(7)(d) (7)(e) of the Madison General Ordinances
concerning smoke-free restaurants (banning 100% including bar areas), and repealing
Section 23.05(7)(g)(1) of the Madison General Ordinances eliminating exception for
restaurants whose sales of alcohol is 50% or less.
REFER
On Motion of SLOAN/VERVEER
COMMON COUNCIL MTG. 11-19-02
Additional Motions Substitute motion to refer to Common Council Mtg. 2-18-03,
Compton/Thomas, Roll Call: 4 Ayes (Bellman, Borchardt, Compton, Thomas), 15
Noes (Bruer, Golden, Holtzman, Konkel, MacCubbin, Olson, Onken, Palmer, Poulson,
Powell, Rosas, Skidmore, Sloan, Van Rooy, Verveer), 1 Abstained (Jarrell): fail

ORDINANCE

ID # 32699 Ord. # 13171 Amending Section 2.01(1) of the Madison General Ordinances to
establish changes to the regular meeting dates of the Common Council for the year
ADOPT
On Motion of POULSON/BELLMAN

RECESSED PUBLIC HEARINGS - BEGIN AT 6:45 PM

REPORT OF ALCOHOL LICENSE REVIEW COMMITTEE

ID # 32700 Dated October 9, 2002
ADOPT WITH RECOMMENDATIONS
On Motion of BRUER/VERVEER

ID # 31818 The Klubhouse, LLC, DBA: The Klubhouse, 88 Hawk's Landing, Class B Combination
Liquor & Beer.
PUBLIC HEARING CLOSED
REREFER
On Motion of BRUER/VERVEER
ALCOHOL LICENSE REVIEW COMMITTEE
Additional Motions Recess at 8:43 p.m., Sloan/Bruer: carry; Roll Call at 8:55 p.m.,
President Sloan in the Chair, 17 Present (Bellman, Borchardt, Bruer, Compton,
Golden, Holtzman, Konkel, MacCubbin, Onken, Palmer, Poulson, Rosas, Skidmore,
Sloan, Thomas, Van Rooy, Verveer), 3 Out of Chamber (Jarrell, Olson, Powell)

ORDINANCE

ID # 32248 Amending Section 28.04(22)(c)2. of the Madison General Ordinances to specify the
availability of affordable housing as a factor to consider for a requested demolition.
PUBLIC HEARING CLOSED
REFER
On Motion of JARRELL/MACCUBBIN
PLAN COMMISSION, HOUSING COMMITTEE, BUILDING INSPECTION

REPORT OF PLAN COMMISSION

ID # 32701 Dated September 23, 2002
ADOPT WITH RECOMMENDATIONS
On Motion of COMPTON/BELLMAN

ID # 32424 AMENDED SUBSTITUTE Ord. # 13173 - Creating Section 28.06(2)(a)2751 of the
Madison General Ordinances rezoning property from R4 General Residence District to
PUD(GDP) Planned Unit Development (General Development Plan) District, and creating
Section 28.06(2)(a)2752 of the Madison General Ordinances rezoning property from PUD(GDP)
Planned Unit Development (General Development Plan) District to PUD(SIP) Planned Unit
Development (Specific Implementation Plan) District and creating Section 28.06(2)(a)2753 of the
Madison General Ordinances rezoning property from PUD(GDP) Planned Unit Development
(General Development Plan) District to W Wetlands. Proposed Use: 94 Condominiums & 33
Apartment Units. 7th Ald. Dist. 4002 Maple Grove Drive.
Appearances - Supporting: 3
PUBLIC HEARING CLOSED
ADOPT WITH AMENDMENTS
On Motion of COMPTON/HOLTZMAN
Additional Motions Friendly Amendment to change all instances of "Temp A
Agriculture District" to "R4 General Residence District", Konkel/Palmer: carry;
Amend Planning Unit Staff Report so that when the Specific Implementation Plan (SIP)
is considered, the housing unit issues are to be addressed and lots 2 and 3 will have
mixed unit types, Konkel/Palmer: carry; Friendly amendment to exclude Outlot 1 in
amendment for Outlots 2 & 3, Compton/Poulson: carry

PUBLIC HEARINGS - BEGIN AT 6:45 PM

REPORT OF BOARD OF ESTIMATES

ID # 32702 Dated October 8, 2002
ADOPT WITH RECOMMENDATIONS
On Motion of BELLMAN/VERVEER

ID # 32607 2003 Executive Operating Budget.
Appearances - Supporting: 2 Appearances - Opposing: 1
PUBLIC HEARING CLOSED
REREFER
On Motion of BELLMAN/VERVEER
BOARD OF ESTIMATES
Additional Motions Suspend Rules to allow speaker 1 additional minute, Jarrell/Bruer: carry

RESOLUTION

ID # 32553 SUBSTITUTE - Providing for the filling of the vacancy in the position of
Alderperson in the Fifteenth Aldermanic District by Dane County Supervisor, Andy
Olsen, Seventeenth District.
Appearances - Supporting: 1
PUBLIC HEARING CLOSED
REFER
On Motion of PALMER/POULSON
COMMON COUNCIL MTG. 11-5-02

ID # 32703 Res. # 59849 Approving plans, specifications, and schedule of assessments for Nesbitt
Road, Cross Country Road, and Maple Grove Drive Street Assessment District – 2002.
ADOPT
On Motion of JARRELL/VERVEER

ID # 32704 Res. # 59850 Approving plans, specifications, and schedule of assessments for West
Johnson Street Assessment District - 2002.
PUBLIC HEARING CLOSED
ADOPT
On Motion of VERVEER/JARRELL
Additional Motions Move balance of agenda (consent agenda) except ID #: 32680,
32451, 32626, 32633, 32428, 32632, 32436, 32296, & 32571, Poulson/Bellman: carry

REPORTS OF OFFICERS

REPORT OF ALCOHOL LICENSE REVIEW COMMITTEE

ID # 32679 Dated October 7, 2002
ADOPT WITH RECOMMENDATIONS - EXCEPT ID# 32680
On Motion of POULSON/BELLMAN

ID # 32680 Report on video cameras in licensed establishments.
REFER
On Motion of KONKEL/DULY SECONDED
ALCOHOL LICENSE REVIEW COMMITTEE

ID # 32681 Operator/Manager License Applications.
ADOPT
On Motion of POULSON/BELLMAN

REPORT OF BOARD OF ESTIMATES # 1

ID # 32684 Dated October 8, 2002
ADOPT WITH RECOMMENDATIONS - EXCEPT ID# 32451, 32626, & 32633
On Motion of POULSON/BELLMAN

ID # 30202 Accepting a gift from the Camp Randall Rowing Club, Inc. to support the relocation
and renovation of the Brittingham Park Boathouse, and amending the 2001 Capital
Budget to include the project. BY TITLE ONLY.
REREFER
On Motion of POULSON/BELLMAN
BOARD OF ESTIMATES, PARK COMMISSION

ID # 31055 Creating Section 36A(6)(c) of the Madison General Ordinances to authorize a penalty
for unlawful use or destruction of cable TV facilities, and amending Section 1.08(4) to
provide citation authority.
REREFER
On Motion of POULSON/BELLMAN
BOARD OF ESTIMATES, BROADBAND TELECOMMUNICATIONS
REGULATORY BOARD

ID # 31728 SUBSTITUTE - Accepting the Qualifications and Proposal from T. Wall Properties to
co-develop the 165-acre Northeast Industrial Property located at the northeast
corner of U.S. Highway 51 and Hanson Road.
REREFER
On Motion of POULSON/BELLMAN
BOARD OF ESTIMATES, BOARD OF PUBLIC WORKS, PLAN COMMISSION

ID # 32111 REPORT OF MAYOR dated July 11, 2002 re: requested information regarding
USCM costs.
REREFER
On Motion of POULSON/BELLMAN
BOARD OF ESTIMATES, PUBLIC SAFETY REVIEW BOARD, POLICE
DEPARTMENT, MAYOR, COMPTROLLER

ID # 32451 Res. # 59851 Directing Staff to Undertake Certain Actions to Account for Operating
Costs for the State Street Mall and Capitol Concourse and the Preparations of Special
Charges for Services Rendered.
ADOPT
On Motion of VERVEER/ONKEN

ID # 32547 Res. # 59852 Regarding application to the Dane County Boardfor exemption from Dane
County Library tax levied under Section 43.64(2) Wisconsin Statutes.
ADOPT
On Motion of POULSON/BELLMAN

ID # 32550 Res. # 59853 Authorizing the Madison Department of Public Health to accept an
additional $3,560 from the Wisconsin Division of Health to be utilized by the Women,
Infants and Children Nutrition Program during the period of January 1, 2002 through
December 31, 2002, and authorizing the Mayor and City Clerk to sign for the City.
ADOPT
On Motion of POULSON/BELLMAN

ID # 32621 Res. # 59854 Authorizing the Mayor, City Clerk and Chief of Police to accept the
2002 Local Law Enforcement Block Grant award in the amount of $164,624 and
allocating $18,292 from the Madison Police Department’s Budget to fulfill the
matching fund requirement.
ADOPT
On Motion of POULSON/BELLMAN

ID # 32622 Res. # 59855 Authorizing the Mayor and other City officials to sign an agreement
with Wisconsin Physicians Services for the installation, operation and maintenance
of traffic control signals at the new intersection of Broadway and WPS access Road.
ADOPT
On Motion of POULSON/BELLMAN

ID # 32623 Res. # 59856 Authorizing the Madison Department of Public Health to apply for and
accept a grant for up to $62,967 from the WI Department of Transportation, Bureau of
Transportation Safety (BOTS) for continued work of the Safe Community Coalition of
Madison and Dane County (Year 5), authorizing the Mayor and City Clerk to sign for
the City and contract with the Coalition for coordination and project development.
ADOPT
On Motion of POULSON/BELLMAN

ID # 32626 SUBSTITUTE - Directing the Community Development Authority of the City of
Madison to report to the Common Council on the management of the federal Section 8
program on a semi-annual basis.
REFER
COMMON COUNCIL MTG. 11-5-02

ID # 32633 Res. # 59857 Approving the Schedule of Special Charges for the State Street
Mall/Capitol Concourse for 2002 Maintenance Charges.
PUBLIC HEARING CLOSED
ADOPT
On Motion of VERVEER/ONKEN

ID # 32665 Res. # 59858 Authorizing the expenditure of donated funds to purchase a marquee for the Warner
Park Community and Recreation Center.
ADOPT
On Motion of POULSON/BELLMAN

REPORT OF BOARD OF ESTIMATES # 2

ID # 32685 Dated October 8, 2002
ADOPT WITH RECOMMENDATIONS
On Motion of POULSON/BELLMAN

ID # 32477 2003 Executive Capital Budget.
REFER
On Motion of POULSON/BELLMAN
COMMON COUNCIL MTG. 11-12-02

REPORT OF BOARD OF PUBLIC WORKS - BIDS

ID # 32682 Dated October 15, 2002
ADOPT WITH RECOMMENDATIONS
On Motion of POULSON/BELLMAN

ID # 32683 Res. # 59859 Awarding Public Works contracts for bids opened September 27, 2002.
ADOPT
On Motion of POULSON/BELLMAN

REPORT OF BOARD OF PUBLIC WORKS

ID # 32669 Dated October 2, 2002
ADOPT WITH RECOMMENDATIONS
On Motion of POULSON/BELLMAN

ID # 32670 Res. # 59860 Improvements accepted for Vilas Avenue and Van Buren Street
Reconstruction Street Assessment District - 2000, Contract No. 5218. 13th Ald. District.
ADOPT
On Motion of POULSON/BELLMAN

ID # 32671 Res. # 59861 Improvements accepted for Rosa Road Storm Grate Replacement,
Contract No. 5284. 19th Ald. District.
ADOPT
On Motion of POULSON/BELLMAN

ID # 32672 Res. # 59862 Improvements accepted for Madison Water Utility Blackhawk Booster
Pump Station. Contract No. W 4967. 9th Ald. District.
ADOPT
On Motion of POULSON/BELLMAN

ID # 32673 Res. # 59863 Improvements accepted for Elder Place Street Improvement, Contract No.
5212. 19th Ald. District.
ADOPT
On Motion of POULSON/BELLMAN

ID # 32674 Res. # 59864 Improvements accepted HVAC & Electrical Modifications for the Fifth
Floor Labs, Contract No. 5347. 6th Ald. District.
ADOPT
On Motion of POULSON/BELLMAN

ID # 32675 Res. # 59865 Authorizing the Mayor and City Clerk to execute Addendum No. 1 to
the Subdivision Contract for Grandview Commons - Phase I, Contract No. 1874. 3rd
Ald. District.
ADOPT
On Motion of POULSON/BELLMAN

ID # 32676 Res. # 59866 Authorizing the Mayor and City Clerk to execute Addendum No. 1 to
the Subdivision Contract for Grandview Commons - Phase II, Contract No. 1875. 3rd
Ald. District.
ADOPT
On Motion of POULSON/BELLMAN

ID # 32677 Res. # 59867 Approving plans and specification for the removal of the Olin Avenue
Bridge and Approaches and authorizing the Mayor and City Clerk to enter into an
agreement with the Wisconsin Department of Transportation. 13th Ald. District.
ADOPT
On Motion of POULSON/BELLMAN

ID # 32678 Res. # 59868 Suspending enforcement of Section 24.08 of the Madison General
Ordinances regarding temporary noise limit variance for the Charter Street Utilities.
ADOPT
On Motion of POULSON/BELLMAN

REPORT OF COMMON COUNCIL ORGANIZATIONAL COMMITTEE

ID # 32686 Dated October 4, 2002
ADOPT WITH RECOMMENDATIONS
On Motion of POULSON/BELLMAN

ID # 32555 SUBSTITUTE Res. # 59869 - Rescinding Amended Substitute Resolution #59417,
ID #26609 adopted on May 7, 2002 and adopting a resolution to align with the Dane County
Board Amended Resolution #67 adopted on September 5, 2002, establishing a Joint Dane
County-City of Madison Effort to Assess Alcohol and Drug Enforcement Activities.
ADOPT
On Motion of POULSON/BELLMAN

REPORT OF HOUSING COMMITTEE

ID # 32687 Dated October 9, 2002
ADOPT WITH RECOMMENDATIONS - EXCEPT ID# 32428
On Motion of POULSON/BELLMAN

ID # 32426 SECOND SUBSTITUTE Ord. # 13175 - Amending Section 32.12(11) of the Madison
General Ordinances to specify that, if a landlord offers a tenant a rent discount or
reduction for advance or timely payment of rent, any late rent fee or penalty may not
exceed 5% of that month’s discounted rent.
ADOPT
On Motion of POULSON/BELLMAN
Recorded as Voting No: GOLDEN

ID # 32427 Ord. # 13174 Creating Section 32.11(9) of the Madison General Ordinances to specify
that a landlord may not require payment by the tenant of the cost of cleaning or shampooing
carpet, or require that carpet be cleaned or shampooed, at the end of a lease term.
ADOPT
On Motion of POULSON/BELLMAN

ID # 32428 Amending Section 27.05(2)(e) of the Madison General Ordinances to require that all
exterior porches, balconies, decks and similar structures constructed of treated lumber
be treated with paint or pigmented stain.
REFER
On Motion of HOLTZMAN/VERVEER
URBAN DESIGN COMMISSION

REPORT OF LANDMARKS COMMISSION

ID # 32688 Dated August 30, 2002 re: Landmark Designations
ADOPT WITH RECOMMENDATIONS
On Motion of POULSON/BELLMAN

REPORT OF MADISON METRO TRANSIT

ID # 32689 Dated October 4, 2002 re: Annual Transit Development Program update.
ADOPT WITH RECOMMENDATIONS
On Motion of POULSON/BELLMAN

REPORT OF PARK COMMISSION

ID # 32690 Dated October 10, 2002
ADOPT WITH RECOMMENDATIONS
On Motion of POULSON/BELLMAN

ID # 32619 Ord. # 13176 Amending portions of Sections 10.056 and 24.04 to implement
Resolution # 59612 adopted August 6, 2002, moving the Special Event Coordinator
from the Department of Public Facilities to the Parks Division; and amending Section
10.056 to extend the length of time for making a decision on an application for a Street
Use Permit and establish a deadline for submitting proof of insurance when required.
ADOPT
On Motion of POULSON/BELLMAN

ID # 32620 Ord. # 13177 Amending Subsection (1) of Section 8.15 entitled “Regulation of
Private Greenways Usage” of the Madison General Ordinances to include greenways
and park lands leased by the City.
ADOPT
On Motion of POULSON/BELLMAN
REPORT OF PERSONNEL BOARD

ID # 32691 Dated October 9, 2002
ADOPT WITH RECOMMENDATIONS
On Motion of POULSON/BELLMAN

ID # 32616 Ord. # 13178 Amending Section 3.38(1)(b) of the Madison General Ordinances by
deleting the classification “Overture Center Associate Director”, Compensation
Group 18, Range 14, and by creating the classifications of “Overture Center Associate
Director -- Programming and Development” and “Overture Center Associate Director –
Finance and Operations” in Compensation Group 18, Range 15, thereof.
ADOPT
On Motion of POULSON/BELLMAN

ID # 32624 Res. # 59870 That the position (#89) of “Overture Center Associate Director”, in
Compensation Group 18, Range 14 (occupied by R. Peterson) in the permanent salary
detail of the Overture Center budget is repealed and recreated as “Overture Center
Associate Director -- Finance and Operations” in Compensation Group 18, Range 15,
thereof, and that the incumbent shall be reallocated to said position.
ADOPT
On Motion of POULSON/BELLMAN

REPORT OF PLAN COMMISSION

ID # 32692 Dated September 23, 2002 and October 14, 2002
ADOPT WITH RECOMMENDATIONS - EXCEPT ID# 32632
On Motion of POULSON/BELLMAN

ID # 31874 Creating Section 15.01(515) of the Madison General Ordinances entitled “City
Boundaries” and being part of the chapter entitled “Aldermanic Districts and Wards”
annexing to the 9th Aldermanic District, the Drea Properties, LLC, annexation and
assigning a temporary zoning classification of R1 Single-Family Residence District,
creating Section 15.02(115) of the Madison General Ordinances to include the newly
annexed property in Ward 115, and amending Section 15.03(9) of the Madison
General Ordinances to include the newly created Ward 115 in Aldermanic District 9.
PLACE ON FILE WITHOUT PREJUDICE
On Motion of POULSON/BELLMAN

ID # 32114 Notice of intent to circulate a petition dated July 8, 2002 from Genesis Development
Corp. re: direct annexation from the Town of Madison to the City of Madison.
REREFER
On Motion of POULSON/BELLMAN
PLAN COMMISSION

ID # 32243 Petition dated July 18, 2002 from Genesis Development Corporation re: direct
annexation from the Town of Madison to the City of Madison (Genesis Development
Corporation Annexation).
REREFER
On Motion of POULSON/BELLMAN
PLAN COMMISSION

ID # 32246 Ord. # 13179 Creating new Paragraph 5. of Section 16.23(3)(a) of the Madison
General Ordinances to add a requirement for documents covering ongoing
operational activities of subdivisions and land divisions, and renumbering current
Paragraphs 5 and 6 to Paragraphs 6 and 7.
ADOPT
On Motion of POULSON/BELLMAN

ID # 32252 Creating Section 15.01(519) of the Madison General Ordinances entitled “City
Boundaries” and being part of the chapter entitled “Aldermanic Districts and
Wards”, annexing to the 14th Aldermanic District the Genesis Development
Corporation annexation and assigning a temporary zoning classification of M1
Limited Manufacturing District, creating Section 15.02(117) of the Madison General
Ordinances to include the newly annexed property in Ward 117, and amending
Section 15.03(14) to add Ward 117 to Aldermanic District 14.
REREFER
On Motion of POULSON/BELLMAN
PLAN COMMISSION

ID # 32373 Approving the preliminary plat of “The Center for Industry and Commerce", Ald.
District 17.
PLACE ON FILE
On Motion of POULSON/BELLMAN

ID # 32420 Ord. # 13180 Amending Section 28.06(1)(g) of the Madison General Ordinances to
add the suffix designations for the Marquette Bungalow Historic District and the
First Settlement Historic District to the listing of all zoning districts.
ADOPT
On Motion of POULSON/BELLMAN

ID # 32604 Amended petition dated August 28, 2002 from Genesis Development Corporation re:
direct annexation from the Town of Madison to the City of Madison (Genesis
Development Corp. Annexation).
REREFER
On Motion of POULSON/BELLMAN
PLAN COMMISSION

ID # 32632 AMENDED Res. # 59871 - To approve the 2003 Operating Plan for Madison
Business Improvement District # 1.
Appearances - Supporting: 1
Registrations - Supporting: 1 Registrations - Opposing: 1
ADOPT WITH FRIENDLY AMENDMENT
On Motion of VERVEER/BELLMAN
Additional Motions Take ID# 32632 out of order (friendly), Borchardt/Bellman:
carry; Adopt with the following friendly amendment: Delete "66.608" and replace it
with "66.1109" in the first paragraph and add "1999" before "Wisconsin" in the
second paragraph, Poulson/Bellman: carry

REPORT OF RISK MANAGER

ID # 32693 Dated October 9, 2002
ADOPT WITH RECOMMENDATIONS
On Motion of POULSON/BELLMAN

ID # 32290 D. Gibbs, 1850 Winchester St. - property damage / loss - $519.22.
DENY
On Motion of POULSON/BELLMAN

ID # 32639 S. Hernandez, 4418 Texas Trl., Madison - property loss - $149.99.
DENY
On Motion of POULSON/BELLMAN

REPORT OF TRANSIT/PARKING COMMISSION

ID # 32694 Dated September 30, 2002
ADOPT WITH RECOMMENDATIONS
On Motion of POULSON/BELLMAN

ID # 32284 Res. # 59872 Authorizing the Mayor and City Clerk to enter into an agreement with
Dane County to provide RSVP Driver Escort Services for the City of Madison for the
calendar year 2002.
ADOPT
On Motion of POULSON/BELLMAN

ID # 32445 Res. # 59873 Authorizing the Mayor and City Clerk to execute a public transit grant
with U.S. Department of Transportation.
ADOPT
On Motion of POULSON/BELLMAN

ID # 32450 AMENDED SUBSTITUTE Res. # 59874 - Authorizing the Mayor and City Clerk to
enter into an agreement with Dane County to amend the 2002 contract for the purpose
of providing the City with MA Waiver Community Integration Program (CIP), and
Wis Stats. §85.21 funding for the operation of the transit system's paratransit services
for the calendar year 2002.
ADOPT WITH FRIENDLY AMENDMENT
On Motion of POULSON/BELLMAN
Additional Motions Adopt with the following friendly amendment: Change
"Wisconsin Department of Health and Family Services" to "Wisconsin Department of
Transportation" in the first Whereas clause, Golden/Bellman: carry

ID # 32460 Res. # 59875 Authorizing the Mayor and City Clerk to enter into an agreement with
Dane County to provide Group Access Service for the city of Madison for the
Calendar years 2002, 2003, 2004, and 2005.
ADOPT
On Motion of POULSON/BELLMAN

REFERRED TO THIS MEETING

APPOINTMENTS

ID # 32606 Citizen Appointments dated October 1, 2002
CONFIRM
On Motion of POULSON/BELLMAN

ORDINANCE

ID # 31889 SUBSTITUTE Res. # 59876 - Calling for alternatives to the loitering for the purposes
of illegal drug activity be discussed and developed by the City’s Neighborhood
Resource Teams and be presented to the Common Council.
ADOPT
On Motion of POULSON/BELLMAN

ID # 32436 Creating Section 8.24(1)(u) of the Madison General Ordinances to prohibit alcohol
beverages at B. B. Clarke Beach. BY TITLE ONLY.
REFER
On Motion of POULSON/BELLMAN
CITY ATTORNEY

ID # 32570 SUBSTITUTE - Amending Sections 10.056(5)(b), (f), (g) and (9) of the Madison
General Ordinances to require that decisions of the Street Use Staff Team be subject to
approval by the CCOC, with appeals to the Common Council.
REFER
On Motion of POULSON/BELLMAN
COMMON COUNCIL ORGANIZATIONAL COMMITTEE, STREET USE STAFF
TEAM

RESOLUTION

ID # 32296 Res. # 59877 Urging the United States Congress to establish a new legalization
program to allow undocumented immigrants to obtain legal residency in the United
Appearances - Supporting: 7
ADOPT
On Motion of POULSON/GOLDEN
Abstained: BORCHARDT
Additional Motions Take ID# 32296 out of order (friendly), Borchardt/Bellman: carry

ID # 32571 AMENDED SUBSTITUTE Res. # 59878 - To defend the Bill of Rights and Civil Liberties.
Appearances - Supporting: 83
Registrations - Supporting: 26
ADOPT WITH FRIENDLY AMENDMENT
On Motion of BRUER/HOLTZMAN
Additional Motions Take ID# 32571 out of order (friendly), Borchardt/Bellman:
carry; Adopt amended substitute, Olson/Verveer: no action taken; 10 minute recess,
Bellman/Thomas: fail; Amendment to delete the handwritten "Be It Further Resolved
that the City of Madison will not uphold unconstitutional elements" clause,
Poulson/Skidmore: no action taken; Substitute Motion to adopt substitute
resolution with the following friendly amendment: Delete "Whereas" and add "Be It
Further Resolved that the Common Council reaffirms that" to the last Whereas clause
& Change the "Now Therefore Be It Resoloved" clause to "Be It Further Resolved",
Bruer/Holtzman, Roll Call: 15 Ayes (Bruer, Compton, Golden, Holtzman, Jarrell,
Konkel, MacCubbin, Olson, Palmer, Poulson, Rosas, Skidmore, Sloan, Van Rooy,
Verveer), 3 Noes (Bellman, Onken, Powell), 1 Abstained (Borchardt), 1 Present
(Thomas): carry; Suspend Rules to not automatically adjourn at 11:30 p.m.,
Palmer/Golden: carry; Move the previous question, Bruer/Golden: carry

Adjournment at 12:15 A.M.
On Motion BELLMAN/VERVEER

SUSAN J.M. BAUMAN, MAYOR
RAY FISHER, CITY CLERK

I certify that the foregoing action of the Common Council was approved by the Mayor on the 21st of October, 2002.
Ordinances published November 5, 2002

RAY FISHER, CITY CLERK