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COMMON COUNCIL

September 24, 2024 ·6:30 PM Approved

210 Martin Luther King, Jr. Blvd. Room 201 (City-County Building)

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Agenda — 133 items

  1. 1 HYBRID MEETING
  2. 2 SPEAKING GUIDELINES
  3. 3 Speaking Limit: 3 minutes for all items. You must register before your item is considered by the Council.
  4. 4 The use of audible cell phone ringers and active use and response to cellular phone technology by the governing body, staff and members of the public is discouraged in the Council Chambers while the Council is in session.
  5. 5 ROLL CALL
  6. 6 NOTIFIED ABSENCES: Bennett, Wehelie.
  7. 7 OPENING REMARKS
  8. 8 HONORING RESOLUTIONS
  9. 1. Proclaiming September 30, 2024, through October 6, 2024, as the Week Without Driving in Madison 85234 Adopt Pass
  10. 2. Recognizing September 15, 2024, through October 15, 2024, as Hispanic Heritage Month 85302 Adopt Pass
  11. 11 PRESENTATIONS
  12. 3. Performance and Activity Update from Destination Madison - Ellie Westman Chin, CEO 85263
  13. 13 DISCLOSURES AND RECUSALS
  14. 14 PRESENTATION OF CONSENT AGENDA
  15. 4. Consent Agenda Document (9/24/24) 83969
  16. 16 At this time, a consent agenda will be moved with the recommended action listed for each item EXCEPT:
  17. 17 1) Items which have registrants wishing to speak. 2) Items which Alder(s) have separated out for discussion/debate purposes.
  18. 18 PUBLIC COMMENT
  19. 19 PUBLIC HEARINGS
  20. 20 CAPITAL BUDGET
  21. 5. 2025 Executive Capital Budget 84843 Referred for Public Hearing Pass
  22. 22 REPORT OF PLAN COMMISSION
  23. 6. Creating Section 28.022-00685 of the Madison General Ordinances to change the zoning of property located at 4303 Portage Road from Temporary TR-U1 (Traditional Residential-Urban 1) District to TR-U1 (Traditional Residential-Urban 1) District. (District 17) 84607 Re-refer for Recessed Public Hearing Pass
  24. 7. Creating Section 28.022-00686 of the Madison General Ordinances to change the zoning of property located at 905 Huxley Street from TR-U2 (Traditional Residential-Urban 2) District to RMX (Regional Mixed-Use) District. (District 12) 84619 Adopt and Close the Public Hearing Pass
  25. 25 END OF PUBLIC HEARINGS
  26. 26 BUSINESS PRESENTED BY THE MAYOR
  27. 27 APPOINTMENTS
  28. 8. Report of the Mayor submitting resident committee appointments (introduction 9-10-2024; action 9-24-2024). 85089 Confirm Pass
  29. 9. SUBSTITUTE: Report of the Mayor submitting resident committee appointments (introduction 9-24-2024; action 10-8-2024). Please note change to Room Tax Commission appointments. 85303 Refer to a future Meeting to Confirm Pass
  30. 30 BUSINESS PRESENTED BY THE PRESIDENT OF THE COMMON COUNCIL
  31. 10. Confirming the Madison Common Council meeting formats through December 10, 2024: 10/8/24 - Hybrid (Virtual & CCB 201) 10/29/24 - Hybrid (Virtual & CCB 201) 11/12/24 (Budget) - Hybrid (Virtual & CCB 201) 11/13/24 (Budget, if needed) - Hybrid (Virtual & CCB 201) 11/14/24 (Budget, if needed) - Hybrid (Virtual & MMB 215) 11/26/24 - Virtual 12/10/24 - Hybrid (Virtual & CCB 201) 83974 Adopt Pass
  32. 32 REPORTS OF OFFICERS
  33. 33 REPORT OF ALCOHOL LICENSE REVIEW COMMITTEE
  34. 11. SECOND SUBSTITUTE: Amending Section 38.05(9)(f) of the Madison General Ordinances related to geographic limitations on Class A and Class B license applications considered by the Common Council after adoption of this ordinance for purposes of regulating density of such alcohol beverage licenses. 83669 Re-refer Pass
  35. 35 AGENDA NOTE: Alcohol License Review Committee did not consider file 83669 at the 9/18/24 meeting. The recommendation is to re-refer to Alcohol License Review Committee (11/20/24), Common Council (12/10/24).
  36. 12. Change of Licensed Premises PX2 LLC • dba Prost! Current Capacity (in/out): 180/60 • Proposed Capacity (in/out): 180/140 401 E Washington Ave • Agent: David Nau Class B Combination Liquor & Beer • 51% alcohol, 48% food, 1% other Police Sector 406 (District 6) Expansion of outdoor premises and capacity on 9/28/2024. 85179 Grant Pass
  37. 37 REPORT OF BOARD OF PUBLIC WORKS
  38. 13. SECOND SUBSTITUTE: Amending Section 37.09(3)(e)1 of the Madison General Ordinances to establish soil infiltration design standards. 84571 Adopt Unanimously Pass
  39. 14. Declaring the City of Madison's intention to exercise its police powers establishing the N Franklin Avenue and Lynn Terrace Assessment District - 2025. (District 5) 85092 Adopt Unanimously Pass
  40. 15. Awarding Public Works Contract No. 8767, Door Creek Park Shelter Connection project. (District 16) 85093 Place On File Without Prejudice Pass
  41. 41 AGENDA NOTE: The recommendation is to reject bids.
  42. 16. Awarding Public Works Contract No. 9561, S. Paterson Street Sanitary Sewer Replacement Assessment District - 2024. (District 6) 85094 Adopt Unanimously Pass
  43. 17. Accepting street improvements (sidewalk) constructed by Private Contract In 5535 University Avenue, Private Contract No. 8112 (District 19). 85096 Adopt Unanimously Pass
  44. 18. Accepting storm water management improvements constructed by Private Contract In 6510 Cottage Grove Rd, Private Contract No. 8364 (District 16). 85097 Adopt Unanimously Pass
  45. 19. Accepting street and terrace improvements constructed by Private Contract for 320 E. Wilson Street, Private Contract No. 2395 (District 6). 85099 Adopt Unanimously Pass
  46. 20. Approving plans and specifications for public improvements necessary for the project known as 4 S Blair Street - Porchlight and authorizing construction to be undertaken by the Developer, Private Contract No. 9560 (District 6) 85100 Adopt Unanimously Pass
  47. 21. Assessing Benefits Cedar & Beld, Cedar Ph.2. (District 13) 85141 Adopt Unanimously Pass
  48. 48 REPORT OF CITY CLERK
  49. 22. Report of Operator License Applications September 24, 2024. See attached report for list of operators. 81491 Grant Pass
  50. 50 REPORT OF COMMON COUNCIL EXECUTIVE COMMITTEE
  51. 23. Accepting the 2024 Agency Annual Surveillance Technology Reports for the 2023 Calendar Year 84390 Adopt Unanimously Pass
  52. 52 AGENDA NOTE: Common Council Executive Committee will consider file 84390 at the 9/24/24 meeting and a recommendation will be made from the floor.
  53. 53 REPORT OF FINANCE COMMITTEE
  54. 24. Authorizing a change order to the sole source Payment Card Industry Data Security Standards (PCI DSS) consulting contract to Baker Tilly US, LLP initially authorized under RES-20-00468 (file ID 60737). 84777 Adopt Unanimously Pass
  55. 25. Recreate positions #5120, #5121 and #5122 of Transit High Voltage Technician as one Transit Garage Dispatcher and reallocate the employee to the new position (#5120) and two Transit Maintenance Supervisor positions; and recreate position #3437 of Transit Planner 3 as a Transit Assistant Schedule Planner and reallocate the employee to the new position. 84804 Adopt Unanimously Pass
  56. 26. Creating Section 20.08(12) of the Madison General Ordinances to establish the Pumpkin Hollow Neighborhood Sanitary Sewer Improvement Impact Fee. (District 17) 84844 Adopt Unanimously Pass
  57. 27. Authorizing the Mayor and the City Clerk to execute an Amendment to the contract between OPEN Regenerative Technologies Inc. to provide software and support services to implement the Building Energy Savings Program by amending the project scope of services. 84951 Adopt Unanimously Pass
  58. 28. Amending the 2024 Adopted Mayor’s Office Sustainability Improvements Project Capital Budget to accept a $40,000 grant award from U.S. Environmental Protection Agency (U.S. EPA); authorizing the Mayor and City Clerk to execute the associated grant agreement with U.S. EPA; and authorizing the Mayor and City Clerk enter into a non-competitive contract with RENEW Wisconsin for the Clean School Bus Coalition project. 84983 Adopt Unanimously Pass
  59. 29. Recreating position #3698 of Administrative Clerk 1 as a Program Assistant 1 and reallocate the employee to the new position. 84985 Adopt Unanimously Pass
  60. 30. Amending Resolution 22-00745 Authorizing the First Amendment to Ground Lease for the residential structure located at 704 East Gorham Street, within James Madison Park, and authorizing an access easement over a portion of the City’s property at 728 East Gorham Street. (District 6) 84986 Adopt Unanimously Pass
  61. 31. Providing CocoVaa Chocolatier or its assigns a $250,000 loan to purchase a commercial property at 10 Odana Court through the Commercial Ownership Assistance program under the Small Business Equity and Recovery Program (SBER) using the American Rescue Plan Act of 2021 (ARPA) aid Local Fiscal Recovery funds and authorizing the Mayor and City Clerk to sign an agreement with CocoVaa Chocolatier or its assigns for that purpose. (District 19) 85039 Adopt Unanimously Pass
  62. 32. Authorizing the Transit General Manager to file an application for a Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities Program Grant with U.S. Department of Transportation and authorizing the Mayor and the City Clerk to execute the associated grant agreement with US DOT and the associated 13 (c) agreement with Teamsters Local No. 695, approving the associated Program Management and Recipient Coordination Plan and authorizing Metro Transit to pass through funding as approved in the Program of Projects. 85060 Adopt Unanimously Pass
  63. 33. Authorizing the Transit General Manager to file an application for a Section 5307, 5337 & 5339 Super Grant, public transit capital, capital maintenance, and capital planning grant with U.S. Department of Transportation and authorizing the Mayor and the City Clerk to execute the associated grant agreement with USDOT and the associated 13 (c) agreement with Teamsters Local No. 695. 85063 Adopt Unanimously Pass
  64. 34. Amending the 2024 Capital Budget for the Planning Division-Municipal Art Fund to accept $40,000 from the Madison Public Market Foundation and $50,000 from the Friends of the Madison Arts Commission to help fund public art at the Madison Public Market and to approve and accept ten (10) artworks for installation at the Madison Public Market, including authorizing the Planning Division Director to sign contracts related to the projects (District 12). 85074 Adopt Unanimously Pass
  65. 35. Authorizing a contract between the Board of Regents of the University of Wisconsin System on behalf of the University Wisconsin School of Medicine and Public Health, Department of Emergency Medicine and the City of Madison Fire Department to provide community paramedic-led transition intervention care for UW Health patients. 85085 Adopt Unanimously Pass
  66. 36. Authorizing a noncompetitive contract with Cummins Inc. to provide planned generator maintenance for Madison Water Utility through 2028 85087 Adopt Unanimously Pass
  67. 37. Create a new 1.0 FTE LTE Administrative Analyst 3 (CG18, R10) in the 2024 Traffic Engineering operating budget, which is funded by a Federal grant. 85088 Adopt Unanimously Pass
  68. 38. Authorizing the City of Madison to apply to the Wisconsin Department of Natural Resources for a Ready for Reuse Brownfields Cleanup zero-interest loan in an amount not to exceed $1,027,300 for the purpose of assisting in the remediation of contaminated soil at Huxley Yards (2007 Roth Street). (District 12) 85140 Adopt Unanimously Pass
  69. 69 AGENDA NOTE: Sustainable Madison Committee will consider file 85140 at the 9/23/24 meeting and a recommendation will be made from the floor.
  70. 70 REPORT OF PLAN COMMISSION
  71. 39. Approving a Certified Survey Map of property owned by the City of Madison located at 1202 S Park Street (District 13). 84624 Adopt Unanimously Pass
  72. 40. Approving the preliminary plat and final plat of Huxley Yards on property addressed as 905 Huxley Street (District 12). 84629 Adopt Unanimously Pass
  73. 73 REPORT OF RISK MANAGER
  74. 41. J. Steward - Vehicle Damage - $327.99 83576 Disallow Pass
  75. 42. S. Caya and E. Tenebruso of Nowlan Law LLP for N. Sarenac - Personal Injury - $50,000.00 84282 Disallow Pass
  76. 43. D. Penaranda - Vehicle Damage - $308.29 84742 Disallow Pass
  77. 44. B. Stanforth - Property Damage - $325.35 84745 Disallow Pass
  78. 45. Progressive for C. Hoffman - Vehicle Damage - $4,281.12 84766 Disallow Pass
  79. 46. C. Schwenn - Vehicle Damage - $4,000.00 84769 Disallow Pass
  80. 47. M. Hitt - Property Damage - $250.00 84783 Disallow Pass
  81. 48. S. Bruhn - Vehicle Damage - $2,739.54 84867 Disallow Pass
  82. 49. J. Kujabi - Property Damage - $858.00 84871 Disallow Pass
  83. 50. T. Hartjes - Vehicle Damage - $700.15 84875 Disallow Pass
  84. 51. S. Phillips (Founders 3) - Property Damage - $1,819.84 84899 Disallow Pass
  85. 52. K. Mack - Property Damage - $480.00 84936 Disallow Pass
  86. 53. M. Moll - Vehicle Damage - $604.39 84939 Disallow Pass
  87. 54. R. Darrow - Towing/Storage Fee - $602.23 85016 Disallow Pass
  88. 88 REPORT OF TRANSPORTATION COMMISSION
  89. 55. Authorizing the Mayor and City Clerk to enter into an 18-month, competitively selected service contract with Toole Design Group, LLC for updating the City’s Pedestrian Plan and finalizing the All Ages and Abilities Bike Network (Citywide). 85090 Adopt Unanimously Pass
  90. 90 ITEMS REFERRED TO THIS MEETING
  91. 91 RESOLUTIONS
  92. 56. Designating City of Madison Polling Locations for the 2024 General Election 85075 Adopt Unanimously Pass
  93. 93 INTRODUCTION OF NEW BUSINESS FOR REFERRAL WITHOUT DEBATE
  94. 94 ORDINANCES
  95. 57. Amending Sections 13.07, 13.18(6)(a) and 13.19(2), and creating Sec. 4.08(1)(d) of the Madison General Ordinances to address the connection of properties served by private water supply cooperatives to the City water supply and update the residential connection rebate program, to bring the lead service line reimbursement amount in line with the updated residential connection rebate amount, and to allow for longer installment payments of special assessments for customers of private water supply cooperatives. 85149 Refer Pass
  96. 58. Amending Sec. 33.31 of the Madison General Ordinances to Update the Membership of the Sustainable Madison Committee. 85207 Refer Pass
  97. 59. Creating Section 28.022-00691 of the Madison General Ordinances to change the zoning of property located at 10 and 16 North Seventh Street from TR-C4 (Traditional Residential-Consistent 4) District to TSS (Traditional Shopping Street) District. (District 12) 85247 Refer For Public Hearing Pass
  98. 60. Creating Section 28.022-00692 of the Madison General Ordinances to change the zoning of property located at 623 Schewe Road and 10122 White Fox Lane from Temporary A (Agricultural) District to TR-P (Traditional Residential-Planned) District. (District 9) 85248 Refer For Public Hearing Pass
  99. 61. ALTERNATE: Amending Section 5.20(3)(a)3. of the Madison General Ordinances to modify the nomination process to the Police Civilian Oversight Board to align with current procedures for seeking applications. 85327 Refer Pass
  100. 100 RESOLUTIONS
  101. 62. Authorizing the General Manager to file, on behalf of the Madison Water Utility, a conventional rate case with the WI Public Service Commission for the test year 2025. 85165 Refer Pass
  102. 63. Approving State / Municipal Agreement for Local Let Transportation Alternatives Program (TAP) Project, I.D. 5992-02-00/87, for E Rusk Ave Path and authorizing the Mayor and City Clerk to execute this agreement with the State of Wisconsin Department of Transportation for construction cost sharing and State design review costs. (District 14) 85252 Refer Pass
  103. 64. Approving State / Municipal Agreement for Local Let Transportation Alternatives Program (TAP) Project, I.D. 5992-02-01/88, for Moorland Rd Path and authorizing the Mayor and City Clerk to execute this agreement with the State of Wisconsin Department of Transportation for construction cost sharing and State design review costs. (District 14) 85256 Refer Pass
  104. 65. Approving State / Municipal Agreement for Local Let Transportation Alternatives Program (TAP) Project, I.D. 5992-02-04/84, for Woodward Dr Path and authorizing the Mayor and City Clerk to execute this agreement with the State of Wisconsin Department of Transportation for construction cost sharing and State design review costs. (District 18) 85257 Refer Pass
  105. 66. Authorizing the Mayor and City Clerk to execute a revised State/Municipal Agreement with the State of Wisconsin Department of Transportation for Project I.D. 5992-11-20/21/22/23/24/25/26/27/28/53/54/59/60, for John Nolen Drive (District 4, District 13) 85258 Refer Pass
  106. 67. Applying to the Dane County Board for exemption from the Dane County Library Tax levied under Section 43.57(3) and 43.64(2) Wisconsin Statutes. 85266 Refer Pass
  107. 68. Authorizing a sole source contract for goods and services from Royer Industries, Inc. for parts and repair on the Royer Topsoil Shredder for City of Madison Parks. 85279 Refer Pass
  108. 69. Authorizing the execution of a Fourth Amendment to the Lease with Joella Enterprises, LLC allowing for the City’s continued use of space at 29 Marsh Court for the operation of the Madison Police Department evidentiary facility (District 16). 85280 Refer Pass
  109. 70. Authorizing the City’s execution of a First Amendment to Lease, pertaining to the City’s lease with the Salvation Army for the family shelter located at 4502 Milwaukee Street, for the purpose of extending the lease term and altering the maintenance provisions of the Lease. (District 3) 85281 Refer Pass
  110. 71. Authorizing an amendment to an Emergency Rental Assistance Program contract with Benevate, Inc., which governs the use of Benevate Inc.’s Neighborly Software system in administering Federal Emergency Rental Assistance funds provided to the City, to sustain efforts to prevent evictions and promote housing stability for eligible households in Dane County affected by the COVID-19 pandemic; and amending the Community Development Division's 2024 Operating Budget to reflect use of these funds, additionally accepting up to $237,000 from Dane County to pay administration fees related to its use of that system. 85282 Refer Pass
  111. 72. Approving an intergovernmental agreement between the City of Sun Prairie and the City of Madison for the Madison Fire Department to provide emergency crisis services through the City of Madison CARES program. 85297 Refer Pass
  112. 73. Approving a loan of up to $125,000 to RISE Wisconsin, Inc. from the Community Facilities Loan Program to help finance the replacement of a portion of a roof and replacement of two rooftop HVAC units at the agency’s respite childcare center located at 2120 Fordem Avenue and authorizing the Mayor and City Clerk to enter into an agreement for that purpose (District 12). 85301 Refer Pass
  113. 74. SUBSTITUTE Authorizing the City of Madison to submit, and if awarded, to accept a grant of up to $971,782 from the Flexible Facilities Program funded through the State of Wisconsin Department of Administration Division of Energy, Housing and Community Resources for the Central Library remodel and authorizing the Mayor and City Clerk to enter into to enter into an agreement with the State of Wisconsin to accept the grant award. (District 4) 85304 Refer Pass
  114. 75. Authorizing the City of Madison to submit, and if awarded, to accept a grant of up to $4,250,000 from the Flexible Facilities Program funded through the State of Wisconsin Department of Administration Division of Energy, Housing and Community Resources for the Imagination Center at Reindahl Park Project and authorizing the Mayor and City Clerk to enter into an agreement with the State of Wisconsin to accept the grant award; and amending the 2024 Adopted Capital Budget of the Madison Public Library. (District 12 and District 17) 85305 Refer Pass
  115. 76. Amending the 2024 Adopted Economic Development Department’s Operating Budget to accept a $670,000 grant award from the Build America Bureau of the U.S. Department of Transportation (USDOT) and authorizing the Mayor and City Clerk to execute the associated grant agreement with USDOT. 85313 Refer Pass
  116. 116 PRESENTATION OF CLAIMS AGAINST THE CITY OF MADISON
  117. 117 CLAIMS - REFER TO RISK MANAGER
  118. 77. D. Joanis - Property Damage - $3,000.00 85109 Refer Pass
  119. 78. M. Hefty - Property Damage - $16,113.49 85125 Refer Pass
  120. 79. C. Liu - Vehicle Damage - $500.00 85127 Refer Pass
  121. 80. S. Green - Property Loss - $350.00 85131 Refer Pass
  122. 81. E. Collyard - Vehicle Damage - $1,000.00 85132 Refer Pass
  123. 82. B. Patel - Property Damage - $6,000.00 85133 Refer Pass
  124. 83. K. Barnes - Property Damage - $2,500.00 85134 Refer Pass
  125. 84. T. Rementer for National Subrogation - Property Damage - $2,910.26 85168 Refer Pass
  126. 85. C. Vang of Vang Law Office, S.C. for K. Haferbecker - Vehicle Damage and Medical Expenses - $50,000.00 85217 Refer Pass
  127. 86. R. Devitt of Soffa & Devitt LLC for L. Wesker - Medical Expenses, Lost Wages, Pain and Suffering - $135,564.15 85223 Refer Pass
  128. 87. Progressive for Y. Zang - Vehicle Damage - $3,023.61 85226 Refer Pass
  129. 88. P. OLeary - Personal Injury - $10,000,000.00 85229 Refer Pass
  130. 89. P. Cavi - Property Damage - $16,220.25 85269 Refer Pass
  131. 90. A. Miranda - Vehicle Damage - $1,637.52 85272 Refer Pass
  132. 132 ANNOUNCEMENTS & INTRODUCTION OF ITEMS FROM THE FLOOR
  133. 133 ADJOURNMENT Adjourn Pass