They started only 2 minutes late!! We’ll call that progress!!! [Tho it could be because Bruer wasn’t there blabbering at the Mayor and stalling the start of the meeting. Thanks Clear for making the effort!]
The meeting started with everyone in attendance with the exception of Bruer. Clear was making the motions for the meeting.
They started with a moment of silence for Memorial student who was shot and in memory of the parents killed and students injured in the car accident.
HONORING RESOLUTIONS
#1. Declaring July Parks and Recreation Month – I think it passed, but no one from parks was there to accept it, but I believe the Mayor said he would pass that along to Parks, but don’t be surprised if it ends up on a future agenda.
#2. Recognizing the Public Health Department for their work during the H1N1 outbreak. Dr. Schlenker talked about the work his staff (nurses and health educators and managers) does and why they were able to respond so well to the recent emergency. Motion to approve passed.
#3. Honoring Judy Hughes from Human Resources for service to the city for 30 years and wishing her well in retirement. [At least, I assume she is retiring, I don’t think the resolution ever actually said that, but she alluded to it.]
Schumacher talked about how Hughes supported him during his campaign. [Wow! Can you imagine what would have happened if I, or any Progressive Dane member, had thanked a City staff person for supporting us in our campaigns? People would be freaking out about how inappropriate and political/partisan that was.]
Verveer says not all city employees get honored and usually co-workers don’t come and the fact that so many came is a testament to her work. He talked how as Council President he was in charge of filling the position of Municipal Judge and how he relied on her to help with that process.
Mayor also praised her for her professionalism and for making the hiring process easier.
#101 – Resolution honoring UW Lifesaving Station. Says we usually on hear about when people don’t get rescued and accepted the resolution for all those who have been saved and who helped save them.
#102 – Condemns hate speech and hate-motivated violence. No one there to accept it. Passed unaimously with no comment.
PETITIONS AND COMMUNICATIONS
None.
EARLY COMMENT
None.
CONSENT AGENDA
Move the entire agenda except the following items:
Public Hearing items 4 – 12. (Find links here)
#40 – Tocora Bike Lane
#59 – Plastic Bag Ban
and #100 – Contract for Dispatch Services
Items #13 (Appointments), #21 (Monona Terrace Cafe & Budget) & #24 (Purgola for Veterans Memorial Park) were items that needed a super-majority vote and there was no objection to unanimous consent. [2/3 (14) vote needed for appointments because they appointed people who live outside the City of Madison and 15 votes needed for the other two items because they were amending the budget)
#63 (Affirmative Action reports on Committees) was referred to 7/7 and #77 (Increasing fines for Trespassing and Panhandling) there was an additional referral of the Equal Opportunities Commission.
RECESSED PUBLIC HEARINGS
#4. JT Whitneys – moved referral to next Common Council meeting, applicant doesn’t have a lease yet. Passed unanimously.
#5. Sherman Terrace Water Main Replacement – One speaker in support with a few others registered in support with similar comments as last time and thanks to those who helped resolve this. Passed without comment
PUBLIC HEARINGS
PLAN COMMISSION
#6 & 7. Project from Dist 6 on Jenifer, Cantwell, Thornton – no registrants, the item was referred as noted on the agenda.
#8. Project on E Wash/First St. – John Sutton, the architect was available to answer questions, there were no questions. Separated by Rhodes-Conway. She moves referral to 7-21 council meeting. Says they don’t have final approval from Urban Design and she wants that in place before council looks at it.
PUBLIC WORKS ITEMS
#9. Femrite & Marsh Road Assessments – No comments
#10 BLACKHAWK ROAD ASSESSMENTS
Mayor announced they are going to have a new process – they set the timer at 4 minutes (instead of the 5 allowed), because he said they were asked to be more conscious of the time. [I wasn’t clear if that was just a 1 minute warning, or if they were getting their time shortened. And I wasn’t clear if the timer went off again at 5 minutes. If it doesn’t, then that defeats the purpose and doesn’t address the concerns.]
Three residents expressed concerns about neighbors all being opposed to the plan presented, appreciates staff efforts, but they said it was an unnecessary burden for the residents. They said that long stretches of the road are owned by the city, one says he’s an avid biker and that the road doesn’t go anywhere so it doesn’t make any sense. Only goes to Hwy 14 or Old Sauk. They said that if they add a bike lane, it forces curb and gutter on one side of the road. They said speeding is a problem. They also said that the road is only one mile. One speaker says that in these economic times we don’t need to do this. Asked for it to be sent back for further consideration on bike lane and curb and gutter.
Mark Shahan spoke in support. Talks about the Midvale Blvd discussion and the policies about bike lanes. He explains that the assessment is no different with or without the bike lane. He says that we can argue about how the curb and gutter and 4 feet of right of way are paid for, but currently this is the policy to charge the owners. He says that this bike lane is a needed as a connector, says he has used it and it is a common route for bike rides. He also notes that Old Sauk Trails Business Park is also there and this connects to that. He says this is a first part of a larger plan for bike trails.
QUESTIONS OF REGISTRANTS
Pham-Remmele asks if they had enough time and information about what was happening and if there were proper meetings. The person who answered was quite clear that it isn’t a matter of communication, we just disagree, he noted everyone keeps trying to make that the issue, but he said that more communication won’t make us agree. Communication is not the issue, he said people keep saying that to make themselves feel better, but it isn’t about communication. He said City Engineering has been good at working with them. He says in this case, the curb and gutter is required because of the bike lane an widening the road. He says it will cost him $3-4K more as a result.
Pham-Remmele asks if they have worked with the Alder. He says yes. Says many people have talked to Skidmore.
Pham-Remmele asks if they feel they have a choice or that they just has to accept. He says that he will wait for the vote to decide. If they vote yes, he’ll feel like he has no say. If they agree, he’ll feel that their opinion matters. [This dude was awesome at calling it like it is and answering these questions!]
Compton tries to clarify along the same lines as Shahan about what they are paying for, that they have to pay for 4 feet of traffic lane, whether the bike lane is there or not. Speaker says that if the street was not widened the additional curb and gutter would not be required and they wouldn’t have to pay for it because they could just leave the ditch.
QUESTIONS OF STAFF
Clear asks if assessment would be the same if they did curb and gutter but no bike lanes. Rob Phillips from City Engineering says yes – they pay 100% of curb and gutter and for 4 feet of asphalt. Phillips understands the argument but widening the road would require curb and gutter. Clear asks if it is policy to add curb and gutter. Phillips says yes unless development is several years away or less intensive. Phillips says he can’t think of any area like this where they did not put bike lanes on the street. Clear asks if there is anything unusal about this area. Phillips says only the golf course in the City of Middleton and Town of Middleton is unusual. But, we have sidewalk most of the length. People in the audience disagree with Phillips and are vocal about it, the Mayor explains that they are out of order and only the council members can speak now. Phillips says that curb and gutter is needed for drainage and they won’t have space for the ditch here. Clear asks about the approval of the other entitites that share the road (City and Town of Middleton), Phillips doesn’t know the status of that approval from those bodies.
Palm asks Phillips to discuss deed restrictions. Phillips says that the city policy is to put the residents on notice before they buy the property and so they record a deed restriction against the properties that the property owners waive their right to the public hearing (that they are having now) and that is how they have notice that the improvements are coming and they will have to pay for it when they buy the property. Phillips points out that one of the speakers tonight is the developer who should have fully known this would happen and agreed to it when they did the development. Palm asks how specific the language in the deed restriction is. Phillips says it just says road “improvements” and doesn’t specifically say “bike lanes”.
Maniaci asks which blocks they are talking about because she is trying to look it up on Googlemaps because there is no map in the materials. Staff seems stunned and doesn’t know how to answer. Alders sitting around her help her figure it out. [Thanks Alder Buddy Cnare! Here’s a hint, look at the materials from the meeting, especially the excel file that lists each of the individual properties.]
Motion to adopt report and recommendations. No discussion or request for separate. Passes with only one voice vote against (Pham-Remmele).
PLAN COMMISSION
#11. Rezoning of 214 N. Hamilton – Dan O’Callighan of Michael Best and Frederich registered to answer questions. No questions.
#12 – AUTUMN LAKE
My favorite Autumn Lake [Remember all the rushing we HAD TO do to get this project done because it was urgent they get going on the project and the editorials by the WSJ about how terrible the Plan Commission was? Well, 5 years later . . . they are here to renew the PUD that would expire becuase they haven’t built anything. ]- Don Esposito and Brian Munson of Veridian Homes registered to answer questions.
QUESTIONS OF REGISTRANTS
Rummel asks question about the goundwater. Esposito says that anedotally ground water levels have increased throughout the county, record rain and snow fall in last few years. Says staff recommendation to study that and suggested mitigation is something they agree to, its just a timing issue. Says it is not favorable to do it in advance of development. Says it would have to be re-studied later after grading and installation of improvements. Says staff agrees with them and he has it in writing if anyone wants to see it.
Rummel asks where they are in the process. Esposito says that 6 or 7 years ago it was proposed by Midland Builders to compete with Grandview Commons, the two former rival companies that now make up Veridian, and now that they are focusing on Grandview Commons and that they are not moving forward, plus there’s the economy. He says there are absolutely no changes to the GDP and it is the same as the proposed 5 years ago.
Rummel asks how they would mitigate groundwater issues. Esposito says that they would use similar techniques as they used in Smith’s Crossings. Says Veridian is one of the few builders that offer dry basement policy on 100% of their homes.
Rummel asks if they are concerned about standing water? Esposito says he is concerned and that they will take steps, but not necessary for the GDP.
[Pst, Don, that wasn’t so terrible, was it? :)]
Motion is approval of 11 & 12 which is recommendation from plan commission last night. Compton abstains on 11. Rummel separates 12. 11 passes on voice vote.
QUESTIONS OF STAFF
Rummel asks questions of staff on Autumn Lake and what the standing water means. Phillips says the City Engineer installed sanitary sewer to the north and they did the project based on soil borings but when they built it, they ran into extraordinary high ground water levels and that alerted them to the problems with development of Veridian land. He said they are recieveing complaints about water in basement from people who never had that problem in the past. Says it is a city wide problem. Phillips says Veridian is willing to address the concern and they are comfortable with that. He does say, however, that the issue just can’t be forgotten. [Um, the way to make sure isn’t forgotten would be . . . making an amendment to the PUD conditions now, right? ] I think Rummel was the only no on a voice vote
#40 – TOCORA BIKE LANE
This one is special for oh, so many reasons, and will have a separate post. Lessons in how to alienate and piss off your colleagues to the point where they actually leave the room so there is no quorum.
#59 – PLASTIC BAGS
Clear adds language that says no enforcement will occur until street superintendent establishes a program to recycle the bags and that they would bring that program back to council for approval.
DISCUSSION
Sanborn – Says they need to consider the tradeoffs in the real world issue, not just cave in because they used the word environment. He says there will be very little plastic saved, but instead people will get in fossil fuel burning vehicles to drop off bags where fossil fuel burning vehicles will take the bags somewhere else. He says in exchange for those “benefits” they make the community angry and others are simply amused and say “there goes the Madison City Council again”. Says not one person has ever been ticketed with the current recycling ordinance for plastic bottles etc. He says we won’t ever have a plastic bag police, so what message do we send, we have some laws that are suggestions and others we enforce and how do people know which are which. Says we should have a higher standard before we substitute our judgement for others.
ROLL CALL
NO: Sanborn
ABSENT: Bruer, Pham-Remmele
AYE: Everyone else.
[Several people have asked me where Pham-Remmele was. She spent some time out in the hallway talking to the people on the Tocora Bike lane issue and wasn’t seen again before they adjourned. She didn’t storm out or leave, but she didn’t do her job on the rest of the items on the agenda, either and people said she was in the restroom.]
#100 – DISPATCH CONTRACT
Motion to adopt. Clear explains that 30 day extension is needed because the contract is up at the end of the month and there are no more meetings before that.
Kerr says this has been an important issue and asks where this stands overall, understands why extension, but asks for an update. Plant says that Chief Wray, Chief Amesqua, City Attorney and mayor’s office working with county, identified issues, have language, agreed to start drafting, got very close to agreed upon language that was going back and forth but as new director was being hired and they wanted his opinion. They’ve talked to the new director and they are going over the final agreement, says that the lastest they will come back is August 7.
DISCUSSION
Skidmore says it is not soup yet but very close. Supports the extension but is confident they are close to a good agreement.
Motion passes unanimously on a voice vote.
INTRODUCTIONS FROM FLOOR
King – Introduces a resolution by title only about the concern about closure of Madison Multi-Cultural Center and expressing the City’s interest in collaborating to continue services. Bidar-Sielaff and Kerr ask to be co-sponsors. No objections to introducing by title only and they record unanimous vote.
Clear wishes Ald. Clausisus good luck with knee replacement surgery tomorrow and moves to adjourn.
Meeting is over at 9:02 or so – with a somewhat stunned and relieved Common Council. See here to find out why.
