MADISON, WISCONSIN
COMMON COUNCIL PROCEEDINGS
10/1/2002 6:30 P.M.

Regular Meeting
In the Chair: MAYOR BAUMAN

Present: 17 Absent: ALD. JARRELL
Late: ALD. COMPTON (6:35 P.M.), ALD. VERVEER (6:33 P.M.)

NEW BUSINESS

ORDINANCE

ID # 32608 Creating Section 28.06(2)(a)2746 of the Madison General Ordinances rezoning
property from C3 Highway Commercial District to R4 General Residence District.
17th Aldermanic District, 1703 Rowland Avenue.Proposed Use: Existing Single-Family Home.
REFER
On Motion of SLOAN/BORCHARDT
PLAN COMMISSION, ZONING ADMINISTRATOR, P.H., COMMON COUNCIL
MTG. 11-19-02

ID # 32609 Creating Section 28.06(2)(a)2747 of the Madison General Ordinances rezoning
property from Temp A Agriculture District to R2S Single-Family Residence District,
and creating Section 28.06(2)(a)2748 of the Madison General Ordinances rezoning
property from Temp A Agriculture District to R2T Single-Family Residence District,
and creating Section 28.06(2)(a)2749 of the Madison General Ordinances rezoning
property from Temp A Agriculture District to R4 General Residence District, and
creating Section 28.06(2)(a)2750 of the Madison General Ordinances rezoning
property from Temp A Agriculture District to C1 Limited Commercial District. Proposed
Use: 197 Single Family, 2 Multi-Family & 1 Commercial Lot, 16th Ald. District.
REFER
On Motion of SLOAN/BORCHARDT
PLAN COMMISSION, ZONING ADMINISTRATOR, P.H., COMMON COUNCIL
MTG. 11-19-02

ID # 32610 Amending Section 28.04(12)(b) of the Madison General Ordinances to change some
of the landscape requirements for parking lots.
REFER
On Motion of SLOAN/BORCHARDT
PLAN COMMISSION, URBAN DESIGN COMMISSION

ID # 32611 Creating Section 15.01(520) 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 Mortenson Investment Group, LLC annexation and assigning a temporary
zoning classification of A Agriculture District, creating Section 15.02(118) of the Madison General
Ordinances to include the newly annexed property in Ward 118, and amending Section 15.03(14) to add
Ward 118 to Aldermanic District 14. BY TITLE ONLY.
REFER
On Motion of SLOAN/BORCHARDT
PLAN COMMISSION, COMMON COUNCIL MTG. 11-5-02

ID # 32612 Creating Section 15.01(521) of the Madison General Ordinances entitled “City
Boundaries” and being part of the chapter entitled “Aldermanic Districts and
Wards”, annexing to the 7th Aldermanic District the Meriter annexation and
assigning a temporary zoning classification of A Agriculture District, amending Section
15.02(102) of the Madison General Ordinances to include the newly annexed land.
REFER
On Motion of SLOAN/BORCHARDT
PLAN COMMISSION, COMMON COUNCIL MTG. 11-5-02
ID # 32613 Creating new Subdivision (c) and renumbering current Subdivisions (c) through (g)
to (d) through (h) of Section 28.11(2), creating new Paragraph 4. and renumbering
current Paragraph 4. to Paragraph 5. of Section 28.12(3), repealing Paragraph 5. of
Section 28.12(9)(d), and creating Paragraph 10 of Section 28.12(11)g. of the Madison General
Ordinances to change the procedure for making exceptions to required off street parking.
REFER
On Motion of SLOAN/BORCHARDT
PLAN COMMISSION, ZONING BOARD OF APPEALS, ECONOMIC
DEVELOPMENT COMMISSION, COMPTROLLER (FOR FISCAL NOTE)

ID # 32614 Amending Section 1.08(3)(a) of the Madison General Ordinances to add various
violations of landlord and tenant regulations to the bail deposit schedules.
REFER
On Motion of SLOAN/BORCHARDT
HOUSING COMMITTEE

ID # 32615 Creating Section 12.81 of the Madison General Ordinances to regulate motor vehicle
idling, and amending Section 1.08(3)(a) of the Madison General Ordinances to add
the bail deposit amount for violations of Section 12.81.
REFER
On Motion of SLOAN/BORCHARDT
PUBLIC HEALTH COMMISSION, COMMISSION ON THE ENVIRONMENT

ID # 32616 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.
REFER
On Motion of SLOAN/BORCHARDT
PERSONNEL BOARD, BOARD OF ESTIMATES

ID # 32617 Creating Section 38.05(13) of the Madison General Ordinances to specify that the
Alcohol License Review Committee, and the Chief of Police pursuant to a Security
Plan under Sec. 38.07(7), may not require any retail alcohol beverage license
applicant to install video cameras in their establishment as a license condition.
REFER
On Motion of SLOAN/BORCHARDT
ALCOHOL LICENSE REVIEW COMMITTEE, PUBLIC SAFETY REVIEW

ID # 32618 Amending Sections 23.54(2)(b) and (e) of the Madison General Ordinances to modify
the definitions of “merchandise” and “property” to have a minimum value of $.01 for
purposes of retail theft.
REFER
On Motion of SLOAN/BORCHARDT
PUBLIC SAFETY REVIEW BOARD

ID # 32619 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.
REFER
On Motion of SLOAN/BORCHARDT
PARK COMMISSION, STREET USE STAFF TEAM



ID # 32620 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.
REFER
On Motion of SLOAN/BORCHARDT
PARK COMMISSION, COMMON COUNCIL MTG. 10-15-02

ID # 32666 Amending Section 24.04 of the Madison General Ordinances to bring Elizabeth Link
Peace Park into conformance with other City parks regarding park amplification
permits. BY TITLE ONLY.
REFER
On Motion of VERVEER/OLSON
PARK COMMISSION, DOWNTOWN COORDINATING COMMITTEE
Additional Motions Suspend Rules to introduce items from the floor for referral, Sloan/Verveer: carry

ID # 32667 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 where they currently are permitted uses.
REFER
On Motion of POWELL/PALMER
PLAN COMMISSION
Additional Motions Suspend Rules to introduce items from the floor for referral, Sloan/Verveer: carry

RESOLUTION

ID # 32621 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.
REFER
On Motion of SLOAN/BORCHARDT
BOARD OF ESTIMATES

ID # 32622 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.
REFER
On Motion of SLOAN/BORCHARDT
BOARD OF ESTIMATES

ID # 32623 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.
REFER
On Motion of SLOAN/BORCHARDT
BOARD OF ESTIMATES, PUBLIC HEALTH COMMISSION

ID # 32624 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.
REFER
On Motion of SLOAN/BORCHARDT
PERSONNEL BOARD, BOARD OF ESTIMATES

ID # 32625 Authorizing the Mayor and the City Clerk to enter into an agreement with Siemens
Transportation Systems, Inc for the purchase of Intelligent Transportation System
(ITS) equipment and services for Metro Transit.
REFER
On Motion of SLOAN/BORCHARDT
TRANSIT/PARKING COMMISSION, BOARD OF ESTIMATES

ID # 32626 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
On Motion of SLOAN/BORCHARDT
BOARD OF ESTIMATES, COMMUNITY DEVELOPMENT AUTHORITY

ID # 32627 Approving plans and specification for Old Sauk Road Phase II and authorizing the Mayor
and City Clerk to enter into an agreement with the Wisconsin Department of Transportation.
REFER
On Motion of SLOAN/BORCHARDT
BOARD OF PUBLIC WORKS

ID # 32628 Approving a "Minor" Change to Amend the Environmental Corridor within the
Central Urban Service Area of Dane County for Lot 32 in the Third Addition to
World Dairy Center.
REFER
On Motion of SLOAN/BORCHARDT
COMMISSION ON THE ENVIRONMENT, PLAN COMMISSION, BOARD OF
PUBLIC WORKS

ID # 32629 Authorizing the Mayor and the City Clerk to execute a Notice of Contamination to
Property relating to the City-owned property located at 1402 Wingra Creek
Parkway, commonly known as Franklin Field.
REFER
On Motion of SLOAN/BORCHARDT
BOARD OF PUBLIC WORKS, PARK COMMISSION

ID # 32630 Accepting an Offer to Purchase from Alan R. Fish and Susan M. Goodwin for a
portion of Yahara River Parkway located adjacent to their property at 1533 Morrison
Street to resolve the situation of an existing building and fencing encroachment.
REFER
On Motion of SLOAN/BORCHARDT
PARK COMMISSION, PLAN COMMISSION

ID # 32631 Authorizing the execution of an Underground Utility Easement to Madison Gas and
Electric Company across City-owned property within the Yahara River Parkway
located at 101 North Thornton Avenue.
REFER
On Motion of SLOAN/BORCHARDT
PARK COMMISSION, PLAN COMMISSION

ID # 32632 To approve the 2003 Operating Plan for Madison Business Improvement District # 1.
REFER
On Motion of SLOAN/BORCHARDT
PLAN COMMISSION, DOWNTOWN COORDINATING COMMITTEE


ID # 32665 Authorizing the expenditure of donated funds to purchase a marquee for the Warner
Park Community and Recreation Center. BY TITLE ONLY.
REFER
BOARD OF ESTIMATES, COMMON COUNCIL MTG. 10-15-02
Additional Motions Suspend Rules to introduce items from the floor for referral,
Sloan/Verveer: carry

ACCOUNTS & CLAIMS - REFER TO RISK MANAGER

CLAIM

ID # 32634 C. Smith, 2579 Petersburg Circle, Madison - vehicle damage - $65.00.

ID # 32635 G. Schmidt, 2650 Kendall Ave., Madison - property damage - $1,290.00.

ID # 32636 J. Day, N2536 Spruce Lane, Merrill - vehicle damage - $532.58.

ID # 32637 M. Ferguson, 4825 Weaverridge Blvd., Peoria, IL - personal injury - $356.00.

ID # 32638 Roethe, Krohn, Pope, McCarthy & Haas, LLP, attorney for T. Cottier, 11505 N.
Crestwood Dr., Edgerton - personal injury - $5,756.00.

ID # 32639 S. Hernandez, 4418 Texas Trl., Madison - property loss - $149.99.

ID # 32640 G. Vila Cruz, 4136 S. Sunset Ct., Madison - vehicle damage - $278.40.

ID # 32641 Michael Best & Friedrich, attorney for Jak's Investments, LLC, 345 Junction Rd.,
Madison - use value penalty - amount to be determined.
REFER
CITY ATTORNEY

ID # 32642 Michael Best & Friedrich, attorney for Nesbitt Farms, LLC, 6040 N. 22nd Place,
Phoenix, AZ - use value penalty - amount to be determined.
REFER
CITY ATTORNEY

ID # 32643 Michael Best & Friedrich, attorney for Mc Kenzie 300 Corp., 1080 Pleasant View Rd.,
Middleton - use value penalty - amount to be determined.
REFER
CITY ATTORNEY

ID # 32644 M. Salvo, 6 Ranch House La., Madison – vehicle damage - $350.00.

PETITIONS & COMMUNICATIONS

COMMUNICATION

ID # 32662 Communication dated September 15, 2002 from S. Ela, 308 Lance, Madison re: traffic
congestion along Jerome Street at Buckeye Road during drop off and pick up times at
Frank Allis Elementary School.
REFER
On Motion of PALMER/SLOAN
PED BIKE MOTOR VEHICLE COMMISSION

ID # 32663 Communication dated September 27, 2002 from T. Seeker, 108 W. Lakeview Ave.,
Madison re: verbal and physical abuse by a Metro Plus Paratransit bus driver.
REFER
On Motion of PALMER/SLOAN
TRANSIT/PARKING COMMISSION, ADA PARATRANSIT OVERSIGHT
COMMITTEE

PETITION

ID # 32602 Petition dated September 24, 2002 from La Follette Godfrey & Kahn re: direct
annexation from the Town of Verona to the City of Madison (Meriter Annexation).
REFER
On Motion of SLOAN/BORCHARDT
PLAN COMMISSION, COMMON COUNCIL MTG. 11-5-02

ID # 32603 Petition dated July 17, 2002 from Mortensen Investment Group, LLC re: direct annexation
from the Town of Madison to the City of Madison (Mortensen Group, LLC Annexation)
REFER
On Motion of SLOAN/BORCHARDT
PLAN COMMISSION, COMMON COUNCIL MTG. 11-5-02

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).
REFER
On Motion of SLOAN/BORCHARDT
PLAN COMMISSION, COMMON COUNCIL MTG. 11-5-02

ID # 32664 Petition dated September 18, 2002 from Representatives of the Mayer Avenue Committee
of the Eken Park Neighborhood Association re: the development at 2402 Commercial Ave.
REFER
On Motion of PALMER/SLOAN
PLAN COMMISSION, PLAN STAFF

BUSINESS BY THE MAYOR

APPOINTMENTS

ID # 32606 Citizen Appointments dated October 1, 2002
REFER
COMMON COUNCIL MTG 10-15-02

BUDGET

ID # 32607 2003 Executive Operating Budget.
REFER
P.H., COMMON COUNCIL MTG 10-15-02

RECESSED PUBLIC HEARINGS - BEGIN AT 6:45 PM

REPORT OF PLAN COMMISSION

ID # 32591 Dated September 23, 2002
ADOPT WITH RECOMMENDATIONS
On Motion of GOLDEN/SLOAN

ID # 32118 SUBSTITUTE Ord. # 13162 - Creating Section 28.06(2)(a)2715 of the Madison General
Ordinances rezoning property from Temporary M1 Limited Manufacturing District to M1 Limited
Manufacturing District, and creating Section 28.06(2)(a)2716 of the Madison General
Ordinances rezoning property from Temporary M1 Limited Manufacturing District to
C2 General Commercial District, and creating Section 28.06(2)(a)2717 of the
Madison General Ordinances rezoning property from Temporary M1 Limited
Manufacturing District to C Conservancy District, and creating Section
28.06(2)(a)2718 of the Madison General Ordinances rezoning property from
Temporary M1 Limited Manufacturing District to W Wetland District. Proposed Use:
Light Manufacturing. 17th Ald. Dist. 3701 Hoepker Road, 6501 N. Stoughton Road, and
3902 Hanson Road.
Appearances - Supporting: 1
PUBLIC HEARING CLOSED
ADOPT WITH AMENDED CONDITIONS OF STAFF REPORT
On Motion of GOLDEN/SLOAN
Recorded as Voting No: KONKEL
Additional Motions Table, Golden/Borchardt: carry; Take off the table,
Sloan/Golden: carry; Adopt with the following amended conditions of the staff
report: Condition # 1: For lots 5-20, no free standing business and professional
offices as described in #27 of the M1 Code. For all permitted industrial uses, no more
than 70% of development may be offices. All offices must be related to the permitted
industrial use. Development is to be defined by staff and the developer. Development
would include the building and active uses (storage and assembly, which would
occur outside. For example, Struck and Irwin has most of their assembly and storage
outdoors and screened.) Condition # 2: Lots 21-50 & 79-91 (Interior lots): No free
standing business and professional offices as described in #27 of the M1 Code. Not
more than 20% of development on these lots may be business or professional offices as
described in #27 of the M1 Code. Condition # 3: For all permitted industrial uses,
no more than 70% of development may be offices. All offices except those permitted in
# 2 (that applies to lots 27-50 & 79-91) must be related to the permitted industrial
use. Further, staff and the Council agree to introduce to the Common Council a text
amendment to the M1 Zoning Code adding additional permitted uses. This text
amendment will be introduced during the first regular meeting of November or as soon
as practical. The City further agrees to consider in good faith the amendment,
Golden/Sloan: carry; Substitute motion to refer to Plan Commission and Common
Council Mtg. 10-15-02, Konkel/Bellman: fail

PUBLIC HEARINGS - BEGIN AT 6:45 PM

REPORT OF ALCOHOL LICENSE REVIEW COMMITTEE

ID # 32647 Dated September 30, 2002
ADOPT WITH RECOMMENDATIONS - EXCEPT ID# 32648
On Motion of BRUER/PALMER

ID # 32648 Sze, Raymond, DBA: Nam’s Noodle, 1336 Regent St.,Class B Combination Liquor and Beer .
PUBLIC HEARING CLOSED
GRANT WITH AGREED UPON LICENSE CONDITIONS
On Motion of BRUER/PALMER
Recorded as Voting No: KONKEL

ID # 32649 Liberty Station, LLC, DBA: Phillips 66/Arby’s, 4 Collins Court, Class A Beer.
PUBLIC HEARING CLOSED
GRANT - ESTABLISHMENT HAS GAS PUMPS
On Motion of BRUER/PALMER


ID # 32650 Gordon & Son, LLC, DBA: Gordy’s Grill, 317 N. Frances St., Class B Combination
Liquor and Beer.
PUBLIC HEARING CLOSED
PLACE ON FILE (APPLICATION WITHDRAWN)
On Motion of BRUER/PALMER
Additional Motions Move balance of agenda except ID# 32118, 32247, 32421, 32422,
32423, 31888, 32600, 31697, 32285, & 32661, Sloan/Borchardt: carry

REPORT OF BOARD OF PUBLIC WORKS

ID # 32589 Dated September 18, 2002
RECEIVE
On Motion of BORCHARDT/SLOAN

ID # 32458 Determining a Public Purpose and necessity and adopting a Relocation Order for the
acquisition of Plat of land interests required for the Voges Road and Marsh Road
Street Assessment District-2002, extending from Triangle Street to Marsh Road, being
located in part of Section 27, Town & North, Range 10 East, City of Madison and
Village of McFarland, Dane County, Wisconsin and Authorizing the Mayor and City
Clerk to enter into an Agreement with the Village of McFarland for the proposed roadway
improvements, and Authorizing City Engineering to Acquire and Sign all necessary Permits.
PUBLIC HEARING RECESSED
REFER
On Motion of BORCHARDT/SLOAN
BOARD OF PUBLIC WORKS, RECESSED P.H.

REPORT OF PLAN COMMISSION

ID # 32590 Dated September 23, 2002
ADOPT WITH RECOMMENDATIONS - EXCEPT ID# 32247, 32421, 32422,
32423, & 32425
On Motion of SLOAN/OLSON

ID # 31932 Creating Section 28.06(2)(a)2698 of the Madison General Ordinances rezoning property from
R1 Single-Family Residence District to PUD(GDP) Planned Unit Development (General
Development Plan) District, and creating Section 28.06(2)(a)2699 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.
Proposed Use: Existing Gymnasium. 9th Ald. Dist., 7035 Old Sauk Road.
Registrations - Supporting: 1
PUBLIC HEARING CLOSED
PLACE ON FILE
On Motion of SLOAN/OLSON

ID # 32247 SUBSTITUTE Ord. # 13163 - Amending Sections 28.08(15)(f), (g) and (h) of the
Madison General Ordinances to change some bulk requirements in R2T Districts.
PUBLIC HEARING CLOSED
ADOPT
On Motion of SLOAN/BORCHARDT
Additional Motions Table, Palmer/Sloan: carry; Take off the table, Sloan/Borchardt: carry

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 RECESSED
REFER
On Motion of SLOAN/OLSON
COMMON COUNCIL MTG. 10-15-02, RECESSED P.H.
ID # 32421 Ord. # 13164 Creating Section 28.06(2)(a)2730 of the Madison General Ordinances rezoning property
from RPSM Research Park - Specialized Manufacturing District to PUD(GDP) Planned
Unit Development (General Development Plan) District, and creating Section 28.06(2)(a)2731
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. Proposed Use: Offices & Support Service Uses. 9th Ald.
Dist., 8030 & 8040 Excelsior Drive.
Registrations - Supporting: 1
PUBLIC HEARING CLOSED
ADOPT
On Motion of SLOAN/BORCHARDT
Additional Motions Table, Konkel/Sloan: carry; Take off the table, Sloan/Rosas: carry

ID # 32422 Ord. # 13165 Creating Section 28.06(2)(a)2722 of the Madison General Ordinances rezoning
property from Temp A Agriculture District to R2 Single-Family Residence District, and creating
Section 28.06(2)(a)2723 of the Madison General Ordinances rezoning property from Temp A
Agriculture District to R4 General Residence District. Proposed Use: 10 Single-Family & 1
Multi-Family Lot. 7th Ald. Dist., 7551 Raymond Road.
Registrations - Supporting: 2
PUBLIC HEARING CLOSED
ADOPT
On Motion of SLOAN/BORCHARDT
Additional Motions Table, Konkel/Bellman: carry; Take off the table, Sloan/Rosas: carry

ID # 32423 Ord. # 13166 Creating Section 28.06(2)(a)2724 of the Madison General Ordinances
rezoning property from R4 General Residence District to R3 Single-Family and
Two-Family Residence District. Proposed Use: Single Family, Duplex &
Multi-Family Lots. 7th Aldermanic District, 9502 Old Sauk Road.
PUBLIC HEARING CLOSED
ADOPT
On Motion of SLOAN/BORCHARDT
Additional Motions Table, Konkel/Bellman: carry; Take off the table, Sloan/Rosas: carry

ID # 32424 SUBSTITUTE - Creating Section 28.06(2)(a)2728 of the Madison General Ordinances
rezoning property from Temp A Agriculture District to PUD(GDP) Planned Unit Development
(General Development Plan) District, and creating Section 28.06(2)(a)2729 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. Proposed Use: 94 Condominiums & 33 Apartment Units. 7th Ald. Dist.,
4002 Maple Grove Drive.
PUBLIC HEARING RECESSED
REREFER
On Motion of SLOAN/OLSON
PLAN COMMISSION, RECESSED P.H., COMMON COUNCIL MTG. 10-15-02

ID # 32425 Ord. # 13167 Creating Section 28.06(2)(a)2725 of the Madison General Ordinances
rezoning property from Temp A Agriculture District to R2T Single-Family Residence
District, and creating Section 28.06(2)(a)2726 of the Madison General Ordinances
rezoning property from Temp A Agriculture District to R4 General Residence
District, and creating Section 28.06(2)(a)2727 of the Madison General Ordinances
rezoning property from Temp A Agriculture District to C Conservancy District.
Proposed Use: Single Family Homes, Multi-Family Development, Park and Open
Space. 7th Aldermanic District, 7800 McKee Rd.
Registrations - Supporting: 1
PUBLIC HEARING CLOSED
ADOPT
On Motion of SLOAN/OLSON

RESOLUTION

ID # 32633 Approving the Schedule of Special Charges for the State Street Mall/Capitol
Concourse for 2002 Maintenance Charges.
PUBLIC HEARING CLOSED
REFER
On Motion of SLOAN/BRUER
BOARD OF ESTIMATES, PARK COMMISSION

REPORTS OF OFFICERS

REPORT OF ALCOHOL LICENSE REVIEW COMMITTEE

ID # 32651 Dated September 30, 2002
ADOPT WITH RECOMMENDATIONS
On Motion of SLOAN/BORCHARDT

ID # 32652 CHANGE OF LICENSED PREMISE: Barrymore Corporation, DBA: Barrymore
Theater, 2090 Atwood Ave., Class B Beer.
GRANT
On Motion of SLOAN/BORCHARDT

ID # 32653 CHANGE OF AGENT: Wal-Mart, Inc., DBA: Sam’s Club, 7050 Watts Rd., Class A
Beer & Class A Liquor.
GRANT
On Motion of SLOAN/BORCHARDT

ID # 32654 OPERATOR/MANAGER APPLICATION: Hartung, Heidi M., 118 N. Bassett #2, Madison.
GRANT WITH CONDITION
On Motion of SLOAN/BORCHARDT

ID # 32655 OPERATOR/MANAGER APPLICATION: Glimme, Matthew J., 1509 Delaware Blvd., Madison.
DENY on the grounds that granting this license would be contrary to the health, safety and welfare
of the community specifically the fact that the applicant has three OWI’s (Operating While Intoxicated)
in a short period of time and also underage drinking.
On Motion of SLOAN/BORCHARDT

ID # 32656 OPERATOR/MANAGER APPLICATION: Marr, Angie N., 5202 Felland Rd., Madison.
PLACE ON FILE
On Motion of SLOAN/BORCHARDT

ID # 32657 OPERATOR/MANAGER APPLICATION: Burke, Jeremy J., 609 W. North St., Dodgeville.
DENY on the grounds that granting this license would be contrary to the health, safety and welfare
of the community specific to the fact that the applicant, who is under the age of 21, has three underage
drinking violations in a 2-year period.
On Motion of SLOAN/BORCHARDT

ID # 32658 OPERATOR/MANAGER APPLICATION: Barrett, Daniel L., 110 N. Washington, Mt. Horeb.
PLACE ON FILE
On Motion of SLOAN/BORCHARDT

ID # 32659 OPERATOR/MANAGER APPLICATION: Kimbro, Berkeley C., 1205 Sweeney Dr. #1, Middleton.
GRANT WITH CONDITION
On Motion of SLOAN/BORCHARDT

ID # 32660 OPERATOR/MANAGER License Report
ADOPT
On Motion of SLOAN/BORCHARDT
REPORT OF BOARD OF ESTIMATES

ID # 32586 Dated September 24, 2002
ADOPT WITH RECOMMENDATIONS
On Motion of SLOAN/BORCHARDT

ID # 32265 SUBSTITUTE Res. # 59814 - Amending the CDBG Program Funding Framework to
increase the maximum rehab loan assistance amount, and amending the City Housing
Rehabilitation Services Program (HRSP) Handbook to increase the maximum limit for
deferred payment loans and installment loans to $19,000 for a single-family home.
ADOPT
On Motion of SLOAN/BORCHARDT
Abstained: KONKEL

ID # 32452 Res. # 59815 Authorizing the acceptance of a Quit Claim Deed from the Madison
Metropolitan Sewerage District for Well No. 30 and authorizing the release of City of
Madison easement interests to Madison Metropolitan Sewerage District for the
existing Well No. 5.
ADOPT
On Motion of SLOAN/BORCHARDT

ID # 32479 SUBSTITUTE Res. # 59816 - Guaranteeing payment by the CDA of a revolving line of credit
loan in the amount of two million five hundred thousand dollars ($2,500,000) from Fannie
Mae, a corporation organized and existing under the laws of the United States of
America (“Fannie Mae”).
ADOPT
On Motion of SLOAN/BORCHARDT

ID # 32546 Res. # 59817 Authorizing the City of Madison, through the Office of Community Services, to enter
into purchase of service contracts for the implementation of the Youth Integration into
Recreational and Cultural Activities projects for 2002.
ADOPT
On Motion of SLOAN/BORCHARDT

ID # 32548 Res. # 59818 Authorizing the provision of CDBG funds to assist Neighborhood
House make repairs to a neighborhood center in a project that addresses City,
Community, and Neighborhood Development Objectives.
ADOPT
On Motion of SLOAN/BORCHARDT
Abstained: KONKEL

ID # 32549 Res. # 59819 Authorizing the provision of CDBG, ESG, and HOME funds to assist
Madison Development Corporation, Tellurian, and Habitat affordable housing
projects in ways that address City, Community, and Neighborhood Development Objectives.
ADOPT
On Motion of SLOAN/BORCHARDT
Abstained: KONKEL

REPORT OF BOARD OF PUBLIC WORKS

ID # 32574 Dated September 18, 2002
ADOPT WITH RECOMMENDATIONS
On Motion of ROSAS/MACCUBBIN

ID # 32457 Res. # 59820 Authorizing the acceptance of a warranty deed from the VFW Post 7591
dedicating that portion of the Post’s property located in Davidson Street right of way.
ADOPT
On Motion of ROSAS/MACCUBBIN

ID # 32575 Res. # 59821 Approving plans and specifications for public improvements necessary
for the Subdivision known as Nesbitt Valley The First Addition and authorizing
construction to be undertaken by the Developer, Private Contract No. 1900. 7th Ald. District.
ADOPT
On Motion of ROSAS/MACCUBBIN

ID # 32576 Res. # 59822 Approving plans and specifications for public improvements necessary
for the Subdivision known as Fairhaven Road Certified Survey Map and authorizing
construction to be undertaken by the Developer, Private Contract No. 1901. 7th Ald. District.
ADOPT
On Motion of ROSAS/MACCUBBIN

ID # 32577 Res. # 59823 Approving plans and specifications for public improvements necessary
for the project known as 1323 Spring Street PUD and authorizing construction to be
undertaken by the Developer, Private Contract No. 1903. 8th Ald. District.
ADOPT
On Motion of ROSAS/MACCUBBIN

ID # 32578 Res. # 59824 Approving plans and specifications for public improvements necessary
for the Subdivision known as Deming Way Certified Survey Map and authorizing
construction to be undertaken by the Developer, Private Contract No. 1904. 9th Ald. District.
ADOPT
On Motion of ROSAS/MACCUBBIN

ID # 32579 Res. # 59825 Assessing Benefits Regent Street Curb and Gutter in Conjunction with
Resurfacing Assessment District - 2001. Various Ald. Districts.
ADOPT
On Motion of ROSAS/MACCUBBIN

ID # 32580 Res. # 59826 Declaring the City of Madison's intention to exercise its police powers
establishing the West Johnson Street Assessment District - 2002. 4th Ald. District.
ADOPT
On Motion of ROSAS/MACCUBBIN

ID # 32581 Res. # 59827 Declaring the City of Madison's intention to exercise its police powers
establishing the Nesbitt Road, Cross Country Road and Maple Grove Drive
Assessment District - 2002. 7th Ald. District.
ADOPT
On Motion of ROSAS/MACCUBBIN

ID # 32582 Res. # 59828 Establishing assessments for the installation of street trees requested by
the property owner (notices and public hearings have been waived). Various Ald. Districts.
ADOPT
On Motion of ROSAS/MACCUBBIN

ID # 32583 Res. # 59829 Approving plans and specifications and authorizing the Board of
Public Works to advertise and receive bids for Lakeview Branch Library
Remodeling, Contract No. 5446. 12th Ald. District.
ADOPT
On Motion of ROSAS/MACCUBBIN

ID # 32584 Res. # 59830 Authorizing the Mayor and City Clerk to enter into a contract with
Burse Surveying & Engineering, Inc. for surveying services entitled “2002 Street
Reconstruction Surveys”. Various Ald. Districts.
ADOPT
On Motion of ROSAS/MACCUBBIN

ID # 32585 Res. # 59831 Authorizing the Mayor and City Clerk to enter into a contract with
Foth & Van Dyke for engineering services entitled “University Avenue Sidewalk”.
Various Ald. Districts.
ADOPT
On Motion of ROSAS/MACCUBBIN

REPORT OF MADISON CITIARTS COMMISSION

ID # 32587 Dated September 24, 2002
ADOPT WITH RECOMMENDATIONS
On Motion of PALMER/MACCUBBIN

ID # 32278 Res. # 59832 Accepting the donation of an amount not to exceed $10,000 to enter
into an agreement with Zane Williams for the purchase, installation and permanent
display of “Doubletake” at the Madison Municipal Building.
ADOPT
On Motion of PALMER/MACCUBBIN

ID # 32279 Res. # 59833 Authorizing the Madison CitiARTS Commission to restructure the
current ArtWORKS! Program into a grant program and to accept additional funds
from the Wisconsin Arts Board’s Re-Granting Program.
ADOPT
On Motion of PALMER/MACCUBBIN

REPORT OF PUBLIC HEALTH COMMISSION

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.
Appearances - Supporting: 19 Appearances - Opposing: 20
Registrations - Supporting: 24 Registrations - Opposing: 15
REFER
On Motion of ONKEN/MACCUBBIN
COMMON COUNCIL PRESIDENT, COMMON COUNCIL MTG. 10-15-02
Additional Motions Suspend Rules to allow ID# 31888 to be tabled,
MacCubbin/Verveer: carry; Table, Sloan/MacCubbin: carry; Take off the table,
Sloan/Bruer: carry; Recess at 8:31 p.m., Sloan/Rosas: carry; Roll Call at 8:44 p.m.,
Mayor Bauman in the Chair, 17 Present (Bellman, Borchardt, Bruer, Golden,
Holtzman, Konkel, MacCubbin, Onken, Palmer, Poulson, Powell, Rosas, Skidmore,
Sloan, Thomas, Van Rooy, Verveer), 2 Late (Compton, 9:05 p.m., Olson, 8:51 p.m.), 1
Excused (Jarrell); Adopt, Sloan/Bruer: no action taken; Adopt 2nd Substitute with
the following amendments: 1) Ban smoking until 9:00 p.m. 2) Create exemption for
private functions in separate rooms that aren't open to the public. 3) Create exemption
for separately ventilated rooms. 4) Change effective date from January 2, 2003 to April
1, 2003, Verveer/Bruer: no action taken; Table, Sloan/Bruer: carry; Take off the table,
Sloan/Borchardt: carry; Refer with the expressed intention of having the Common
Council President appoint a group to sit down and find out if there is a way to
resolve differences and report back at the 10/15/02 Common Council Meeting,
Onken/MacCubbin: carry

REPORT OF PLAN COMMISSION

ID # 32592 Dated September 23, 2002
ADOPT WITH RECOMMENDATIONS - EXCEPT ID# 31799, 32593, 32594, 32596,
32597, 32598, 32599, 32601, & 32605
On Motion of GOLDEN/PALMER
ID # 31799 SUBSTITUTE - Directing the City of Madison to complete a development and greenspace
plan for the Starkweather Creek corridor.
REREFER
On Motion of GOLDEN/PALMER
PLAN COMMISSION, BOARD OF PUBLIC WORKS, CITY ENGINEER,
CITY-COUNTY LIASON COMMITTEE, COMMISSION ON THE
ENVIRONMENT, COMPTROLLER, PARK COMMISSION, PED BIKE MOTOR
VEHICLE COMMISSION, TRAFFIC ENGINEER, BOARD OF ESTIMATES,
COMMON COUNCIL MTG. 1-7-03

ID # 32593 Res. # 59834 Approving the preliminary plat of The Center for Industry and Commerce,
Ald. District 17.
ADOPT
On Motion of GOLDEN/PALMER

ID # 32594 Res. # 59835 Amending the conditions of approval of a final plat known as “The First Addition
to Siggel-Grove” to remove a note on this plat regarding further subdivision, sale and water detention
on Outlots 2 or 3.
ADOPT
On Motion of GOLDEN/PALMER

ID # 32595 Res. # 59836 Approving the final plat of Churchill Heights located in the 4200 Block of Portage
Road, Ald. District 17.
Appearances - Supporting: 1
ADOPT
On Motion of SLOAN/BORCHARDT
Abstained: ROSAS

ID # 32596 Res. # 59837 Approving the final plat of Nesbitt Valley First Addition located in the
6900 Block of Cross Country Road, Ald. District 7.
Appearances - Supporting: 1
ADOPT
On Motion of GOLDEN/PALMER

ID # 32597 Res. # 59838 Approving the preliminary plat of Glacier Valley located at 7551
Raymond Road, Ald. District 7.
Registrations - Supporting: 2
ADOPT
On Motion of GOLDEN/PALMER

ID # 32598 Res. # 59839 Approving the final plat of Greystone located at 9502 Old Sauk Road, Ald. District 9.
ADOPT
On Motion of GOLDEN/PALMER

ID # 32599 Res. # 59840 Approving Certified Survey Map of the Savanna on the Park, LLC property
located at 4002 Maple Grove Drive, Ald. District 7.
ADOPT
On Motion of GOLDEN/PALMER

ID # 32600 Res. # 59841 Approving the final plat of Ice Age Falls Subdivision located in the 7800 Block of
McKee Road, Ald. District 7.
ADOPT
On Motion of HOLTZMAN/COMPTON
Additional Motions Adopt, Sloan/Borchardt: no action taken; Substitute motion to refer to Plan
Commission and Common Council Mtg. 10-15-02, Palmer/Sloan: no action taken; Table,
Rosas/Sloan: carry; Take off the table, Sloan/Rosas: carry; Adopt, Sloan/Rosas: no action taken;
Friendly amendment to modify the Traffic Engineer's condition number 14. B. and the City Engineer's
condition number 20, as recommended by the Plan Commission to specifically allow access to High
Point Road from Lot 167, the multi-family development parcel, Holtzman/Compton: carry; Suspend
Rules to not automatically recess at 10:30 p.m., Sloan/Verveer: carry

ID # 32601 Res. # 59842 Approving the final plat of Novation Technology Campus located at 2600 Rimrock Road.
Registrations - Supporting: 1
ADOPT
On Motion of GOLDEN/PALMER

ID # 32605 Res. # 59843 Approving Certified Survey Map of the Bowes Construction property located at 1725
Herndon Drive, Ald. District 3.
ADOPT
On Motion of GOLDEN/PALMER

REPORT OF RISK MANAGER

ID # 32588 Dated September 25, 2002
ADOPT WITH RECOMMENDATIONS
On Motion of SLOAN/BRUER

ID # 32048 S. Oakey, 908 Roby Rd., Stoughton - vehicle damage - $417.57.
DENY
On Motion of SLOAN/BRUER

ID # 32463 J. Silverberg, 2802 Arbor Dr., Madison- property damage - $474.75.
DENY
On Motion of SLOAN/BRUER

ID # 32560 H. Hammes, 2006 Anhalt Dr., Madison - vehicle damage - $233.14.
DENY
On Motion of SLOAN/BRUER

REFERRED TO THIS MEETING

APPOINTMENTS

ID # 32533 AMENDED - Citizen Appointments dated September 17, 2002.
CONFIRM
On Motion of SLOAN/BORCHARDT

RECONSIDERATION

ID # 31697 Communication on behalf of the Tenney-Lapham Neighborhood Association from J.
Zychowicz & S. Calomino re: safety concerns at the lakefront greenspace at the end of
North Paterson Street (400 Block) & requesting signage be posted in the area.
Appearances - Supporting: 3
RECEIVE AND PLACE ON FILE
On Motion of SLOAN/VERVEER
Additional Motions Reconsider, Sloan/Borchardt: carry; Table, Konkel/Poulson:
carry; Take off the table, Konkel/Sloan: carry
ORDINANCE

ID # 31889 Calling for alternatives to the loitering for the purposes of illegal drug activity be
developed and presented to the Common Council. BY TITLE ONLY.
REFER
On Motion of SLOAN/BORCHARDT
COMMON COUNCIL MTG. 10-15-02

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 SLOAN/BORCHARDT
COMMON COUNCIL MTG. 10-15-02

ID # 32539 Ord. # 13168 Adopting and confirming Revision 240 of the Madison General
Ordinances as of September 15, 2002 to incorporate the changes made by Ordinance
Numbers 13,091 through 13,150 pursuant to Sec. 66.0103, Wis. Stats.
ADOPT
On Motion of SLOAN/BORCHARDT

ID # 32540 SUBSTITUTE Ord. # 13169 - Amending Subsection (8)(b) of Section 3.185 entitled
“Senior Citizens Advisory Committee” of the Madison General Ordinances to change
the Common Council member term from one year to two years commencing on the
third Tuesday in April.
ADOPT
On Motion of SLOAN/BORCHARDT

ID # 32541 Ord. # 13170 Amending Section 7.08(14)(a) of the Madison General Ordinances to
revise a renumbered reference to the Wisconsin Administrative Code.
ADOPT
On Motion of SLOAN/BORCHARDT

ID # 32570 Requiring that decisions of the Street Use Staff Team be subject to approval by the
CCOC, with appeals to the Common Council. BY TITLE ONLY.
REFER
On Motion of SLOAN/BORCHARDT
COMMON COUNCIL MTG. 10-15-02

RECONSIDERATION

ID # 32285 Dated April 23, 2002 re: Application of Kwik Cab, LLC for Zoned Taxicab Operator's License.
Registrations - Supporting: 3 Registrations - Opposing: 3
RECONSIDER: failed
On Motion of BORCHARDT/PALMER
Additional Motions Table, MacCubbin/Borchardt: carry; Take off the table,
MacCubbin/Borchardt: carry; Reconsider, Borchardt/Palmer, Roll Call: 9 Ayes
(Borchardt, Compton, Holtzman, Powell, Rosas, Skidmore, Thomas, Van Rooy,
Verveer), 8 Noes (Bellman, Golden, Konkel, Olson, Onken, Palmer, Poulson, Sloan),
3 Absent (Bruer, Jarrell, MacCubbin): fail; Recess at 10:50 p.m., Sloan/Verveer: carry;
Roll Call at 11:00 p.m., Mayor Bauman in the Chair, 15 Present (Borchardt, Holtzman,
Konkel, MacCubbin, Olson, Onken, Palmer, Poulson, Powell, Rosas, Skidmore, Sloan,
Thomas, Van Rooy, Verveer; 5 Absent (Bellman, Bruer, Compton, Golden, Jarrell)

LATE ITEMS

REPORT OF CITY CLERK

ID # 32645 Dated September 30, 2002 re: Second Hand Dealer Application.
ADOPT WITH RECOMMENDATIONS
On Motion of SLOAN/BORCHARDT

ID # 32646 Second Hand Dealer: Orphan Antiques, LLC, DBA: Antiques Mall of Madison, 4748
Cottage Grove Rd.
ADOPT
On Motion of SLOAN/BORCHARDT

RESOLUTION

ID # 32661 SUBSTITUTE Res. # 59844 - Delegates authority to the Parks Superintendent and
strongly encourages a timely approval of the amplification permit in Elizabeth Link
Peace Park on Saturday, October 5, 2002 from 12:00 noon – 5:00 p.m. and Sunday,
October 6, 2002 from 12:00 noon – 3:00 p.m.
Registrations - Supporting: 1
ADOPT
On Motion of MACCUBBIN/PALMER
Additional Motions Table, Sloan/MacCubbin: carry; Take off the table,
MacCubbin/Palmer: carry

Adjournment at 11:13 P.M.
On Motion SLOAN/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 8th of October, 2002.
Ordinances published October 23rd, 2002
RAY FISHER, CITY CLERK