Common Council - Regular Meeting

All right, here

the hour of 6:30 having come and gone and all expected parties being present, I will call to order the common council meeting of Tuesday, March 24th, 2026, and ask the clerk to please call the role. Thank you. Alder Glenn here. Alder Glenn is present. Alder Govinder Rajin here. Rajin is present. Alder Yugare present. Yugare is present. Alder Harrington McKenna is excused. Alder Lankella here. Alder Leella is present. Alder Knox is excused. Alder Madison here. Alder Madison is present. Alder Martinez Rutherford present. Alder Martinez Rutherford is present. Alder Matthews here. Alder Matthews is present. Alder Mayor here. Mayor is present. Alder O'Brien here. Alder O'Brien is present. Alder Ohich present.

Alder Ohich is present. Alder Pritchette here. Pritchette is present. Alder Tishler. Yeah, I'm here. Alder Tishler is present. Alder River here. Rever is present. Alder Vidver here. Vidver is present. Alder Duncan here. Alder Duncan is present. Alder Evers here. Alder Evers is present. Alder Field here. Alder Field is present. Alder Figo Cole here. Alder Figo Cole is present. Madame Maror.

Thank you very much. All right. our first ah well I suppose as usual I should remind us that we're here to do the business of the people of the city of Madison and that I ask that we do that with grace and kindness and that all concerned refrain from using profanity in your remarks and um just would like to note that um usually in this cycle we would not have to note this but now that we are going to elections every year. For some of us, it is their last meeting. Um, Alder Knox is not here, but it is Alder Gander Rajin's last meeting. Um, and so I understand there may be some recognition of that later. Uh, enjoy. Um, and thank you alder for your service. Um, our first item is an honoring resolution, item one, legisar 92288 proclaiming the week of April 20th through April 26, 2026 as Arbor Week. To read the resolution, I'll turn to Alder Ver.

Thank you, mayor. It's my pleasure to uh read this resolution. Whereas the city of Madison has been recognized by the Arbor Day Foundation as a Tree City USA for 36 years. And whereas trees moderate temperature by reducing heat island effects. And whereas healthy and thriving urban forests improve storm water runoff management. And whereas trees improve air quality. And whereas residents living in greener neighborhoods are healthier. And whereas trees benefit the quality of life in our neighborhoods by improving our physical and mental health. And trees provide an opportunity for community involvement and empowerment. And whereas the continued planting and care of trees in our city shall provide all of these benefits for present and future residents of Madison. Now therefore, be it resolved that the mayor and the common council of the city of Madison, Wisconsin does hereby proclaim the week of April 20 through April 26th, 2026 as Arbor Week in the city of Madison and urge residents to celebrate and plant trees this week for the well-being of present and future generations.

Thank you, Alder. We'll take that as moved by Alder Veier and seconded by President Vidver. And we have with us Craig Clinky to accept the resolution. If you want to step forward,

uh thank you, Alder. Thank you, mayor. It's an honor to be presented by uh this resolution from some of our leading tree advocates now in the city and you have been for a long time. Um Madison has a long tradition of being a community that recognizes the importance of urban trees and all the benefits that they provide and we certainly would not have been uh recognized as a tree city for the last 36 years if it wasn't for the support from people like you. Uh so on behalf of city forestry and all the treeling people of the city of Madison uh please accept my thank you and my gratitude for your continued support throughout the years. Thank you. It's been moved and seconded. Is there any discussion? Seeing no discussion, is there any objection to recording unanimous vote in favor? Seeing no objection, we'll record a unanimous vote in favor of item one. and move on to item two. Item two is legisar 92334 declaring March 31st, 2026 to be transgender day of visibility in the city of Madison. And for the reading, we'll start with Alder Duncan. Whereas International Transgender Day of Visibility was first created in 2010 by trans advocate Rachelrandell, the head of Transgender Michigan with the goal of celebrating the lives and contributions of trans people. And whereas there are over 1.6 million trans, non-binary and gender expansive people in the United States and whereas transgender and gender nonconforming folks are valued members of the city of Madison. And whereas on June 8th, 2023, the city of Madison raised the trans flag at the Madison Municipal Building for the first time, having the flag fly for a week. And whereas also in June of 2023, the city of Madison declared itself as a

sanctuary for trans and non-binary individuals, stating a commitment to protecting transgender and non-binary individuals, and stating that access to healthcare is a fundamental right and that all people in Madison and the state of Wisconsin should have access to all healthcare, including gender affirming care. And whereas transgender day of visibility additionally acknowledges the struggles that many trans people face such as poverty, discrimination, and violence. And whereas due to factors such as discrimination and violence, not every trans person can or wants to be visible. And this discrimination and violence against trans people has impacted Madison, leading to tragedy. And whereas there has been a recent intensifying backlash toward trans people in recent years, as evidenced by direct physical violence, as well as legislative measures seen in the 533 anti-LGBTQ plus bills proposed throughout state legislatores in 2024, according to the American Civil Liberties Union. And whereas in July of 2023, the United States 6th Circuit Court of Appeals permitted a state ban of gender affirming care for transgender youth. And whereas on March 10th, 2026, the United States Fourth Circuit Court of Appeals permitted a state ban of gender affirming care for transgender adults. And whereas these anti-LGBTQ plus and specifically anti-trans bills in recent years have led to the Lmin Institute for Genocide Prevention and Human Security releasing their third red flag alert on March 11, 2026. And whereas red flag alerts are released when several red flags for genocide are exhibited. And whereas 14 of these anti-LGBTQ plus bills were from the Wisconsin state legislature, all of which were successfully defeated, though

multiple required Governor Tony Iver's veto power. And whereas the defeat of these bills is just one example of the resistance this discrimination has been met with, showing the strength and resilience of the trans community and their allies. And whereas this resilience of the trans community has long been on display. And whereas the Stonewall uprising in 1969, which in part was led by transgender women of color, marked a major turning point in the LGBTQIA+ civil rights movement. And

whereas while the Stonewall uprising marked a turning point, there had been similar uprisings throughout the United States, including the city of Milwaukee with the Black Knight Brawl in August of 1961. And whereas the Black Knight brawl was self-defense resistance action led by Joseé Carter, Josie Carter, sorry, a gender non-conforming black queen against four cellulars who demanded admission to the Black Knight Bar without furnishing identification as required by all newcomers. hand. Whereas in Madison, spaces such as the Backdoor Bar opened in 1972 and the Cardinal Bar opened in 1974 became the first places that publicly and specifically catered to queer clientele in Madison. and

excuse me. Whereas organizations such such as Fair Wisconsin, G-Safe, Proud Theater, and Outreach LGBTQ Community Center among others have both fought for the rights of the LGBTQ QQQ community and provided safe spaces for the LGBTQ plus community in Madison. And whereas the trans community has been historically resilient and will continue to be so. And whereas transgender day of visibility is celebrated on March 31st each year. Now therefore, let it be resolved that the city of Madison declares March 31st, 2026 as transgender day of visibility. Be it further resolved that the city of Madison commits itself to supporting transgender and gender non-conforming residents of Madison and encourages all residents of Madison to resist hate and discrimination. And be it finally resolved that the city of Madison celebrates the lives and contribution of Madison's transgender community.

Thank you, Alders. We'll take that as moved by Alder Martinez Rutherford and seconded by Alder O'Brien. And we have several folks here to accept the resolution. If you would like to step forward Good evening everyone. Thanks to Dean and Nina for inviting us. Thanks to all the elders, city council for recognizing trans day visibility. Um for recognizing fair Wisconsin GSA and the work that we do at Outreach LGBTQ plus community center. Uh, my name is Becca Bedell. My pronouns are they, she, um, I serve as outreach's basic needs advocate. I'm one of our frontline program staff coordinating housing and food pantry assistance for the queer and trans community in Madison since 2024. Um, I'm also a poet and a volunteer for prairie and oak savannah restoration. Um, as many of you know, outreach has been a trailblazer for the LGBTQ community in Wisconsin for over 50 years. um including launching MATA, the Madison Area Transgender Association in 1998, one of the earliest and longestr running trans support groups in the entire country. And as we just heard, Trans Day of Visibility began around 2010, um, raising awareness of trans folks and our many contributions to society because at the time the only holiday for trans

folks was Trans Day of Remembrance, which is still celebrated every year as a day to mourn our trans siblings lost to murder via hate crimes every year. So Trans Day of Visibility emerged as a counterbalance, two holidays. One, please stop killing us. one, we exist. Please look at us. Celebrate us while we're still alive. And that recognition is deeply, deeply important. However, as our alers so eloquently stated, visibility alone is not enough to give us safety and liberation when it does not also come with protection from the attacks to which that visibility exposes us. As we know, trans people, especially children, are under attack viciously at the federal level and also at the state level. in our medical care, documentation, equal access to public life. As many of us in this room know, the moral arc of the universe may bend towards justice, but it does not do so via inevitability. We must shape it in that direction with our hands and with our labors. I want to thank Madison for being such a sanctuary city for trans people. Makes living in these times significantly easier. Um, and this trans day of visibility, I invite us all to continue learning and uplifting the struggles, journeys, and joys of the trans community here and beyond. Um, outreach will once again host our annual Transjoy Festival on Saturday, May 16th at Warner Park and Magic Pride Festival on Sunday, August 16th. And there are plenty of ways to get involved and support. Um, and just thank you all for this time and on behalf of Outreach, thank you to all of the work that you do and continuing to uplift our community and for this resolution for transday visibility. Thank you.

Thank you and thank you for being here tonight. Uh, it's been moved and seconded. Is there discussion? Uh, Alder O'Brien, I would just like to disclose that I do work for Fair Wisconsin. Thank you, Alder. Alder Glenn,

yeah, I just want to say thank you for inviting me to speak. Um, many here have heard my story of the night I decided to run after the election. I was in a conversation with a friend of mine, a very dear friend of mine who's transgender. And there's very few spaces that as a black woman I feel privileged. And that night they shared with me how they were going to be working on changing their identity because hospital records were tracked to their name. And I sat in there and realized that I had a privilege that I needed to use. And um so when you asked me that, I called them today and um so I just feel privileged to be able to read this and I thank you.

Thank you, Alder. Alder Martinez Rutherford.

Uh, thank you, Mayor, and I would like to ask the indulgence of all my colleagues. Um, I'm incredibly honored and grateful to serve at the pleasure of the people of District 15 and the city of Madison. I'm incredibly honored and grateful to serve with every one of you on this council. and thank you for your profound support for me personally as well as for our community. Um, the last year has been brutal to say the least for the transgender community. The last month and a half has been almost devastating in Kansas. An entire group of an entire population has been disenfranchised from participating in voting, from participating in using their vehicles, which pre prevents them from getting to work safely. In other states, our right to just use public facilities to relieve our bodily functions has been removed. The sixth circuit court just upheld and extended a transgender ban for children for healthcare. And they extended it to adults and said that any state in the in the country can ban affirming care for trans people based solely on that. And let me be clear, testosterone or g uh hormone blockers have been used consistently and continue to be used to halt an early

onset puberty and they have been proven to be safe safe. This is a targeting of specific human beings because you disagree with us. The third red flag warning of a transgender genocide in the United States came out from the Liman Institute. a third warning. And I have sat in those chambers at the state over and over and over and over defending my existence. And I've done it with my family and I am tired of justifying my existence. Let me be clear. Like Becca said, the arc the ark of history may bend towards justice and similarly it does not bend without pressure. The attacks that have happened consistently and profusely over the last several months require attention and require others to step out of your comfort zone and assist us and say no. This will not stand because I want to remind everyone how incredibly and intricately tied all of our rights are. When they come after people taking away their right to vote, they're coming for you next. They're coming for women. It has been explicit. ICE is coming after immigrants.

They are also now expanding their scope to uh include transgender ideology. No one is talking about this from a federal level. Nobody is talking about this in the media. Nobody on the streets is talking about this except my transgender and queer siblings. The fire is in our house. I am here with an ask that you stand up. Everyone within my voice that you stand up. If you believe in dignity and freedom for yourself, then stand up for those of us who are watching our dignity and our freedoms and our natural rights being taken away. We can't do this alone and we don't want to do this alone. And if I hear the word resilient one more time, I'm going to explode because yes, we are resilient and I am exhausted from being resilient. I will not stop talking about this and I will not stop calling on everybody to intervene right now. Not until the last day I take my breath, the last breath, whatever. We will no longer beg you to give us dignity. We are standing up and saying it that we have dignity. And there's a prayer, a Hindu prayer that I will not try to butcher because I can't. Um but the sentiment is the

same and same in so many paths. May all beings experience peace. And I'm asking for this not only from whatever is up there, but from each and every one of us in this room within the sound of my voice who watches this video. May you be at peace. And may you stand up for the peace of others. We need you now more than ever. And there is not an ounce of hyperbole in this. I love hyperbole. I am not hyperboleizing right now. This is a red flag. Do we want to be known as the next country that eradicated a whole group of people? And I will tell you I you can try to eradicate us but we will not disappear because even in this dark time we are falling in love. We are getting married. We are celebrating the birth of children. We are celebrating birthdays. So you can attempt to eradicate us, but you will never succeed. Thank you. Thank you, Alder. It's been moved and seconded.

Is there any objection to recording an enthusiastic unanimous vote in favor? Seeing no objection, we'll record that vote. And thank you again for joining us. All right. Our next item is disclosures and recusals. Are there any disclosures or recusals on items on the balance of the agenda? Seeing none, then we'll move on to the presentation of the consent agenda. President Vidver the consent agenda is moved with recommended action listed for each item on the agenda except items that have registrants wishing to speak and items that alders have separated out for discussion or debate purposes. This document lists supermajority items, agenda items with recommendations different from the agenda, items for exclusion, items introduced from the floor, and agenda items with corrections. The following agenda items are supermajority items. Item 18, legislative file 92251, approving park commission president member appointments to subcommittees of the board of park commissioners. Uh 14 votes required. Agenda items with recommendations different from the agenda. Item 56, legislative file 92025, amending various portions of section 29.4 and 1.084D 084D of the Madison general ordinances to update language and requirements of the building energy savings code regarding timing and to provide citation authority to the sustainability and resilience manager report of sustainable Madison committee recommend to adopt. No agenda items have been excluded as of yet by request of alders or speakers registered. The following items are introduced from the floor. Legislative File 92425 authorizing the city's execution of a purchase and sale agreement between the city of Madison and OM Land LLC or their successors and

assigns for the purchase of the property located at 1010 North Street in the city of Madison and authorizing the city's execution of an assignment and assumption agreement for an existing lease of the property by East Madison Little League in District 12. That will go to board of park commissioners on April 15th, finance committee April 13th, and back to common council on April 21st. Legislative file 92452 amending the 2026 adopted operating budget for the Department of Civil Rights to accept $5,000 from the ETF Wellness Program Grant. That will go to finance committee on 413 and council on 421. We have an additional item introduced from the floor. Uh legislative file 92491 approving roadway geometry for Regent Street from Randall Avenue to Park Street. That will go to Board of Public Works on 422, Transportation Commission on 415, and back to Common Council on 55. Uh, agenda item with correction is item 42, legislative file 92212, approving the initial concept design and authorizing the city to execute an agreement for design, fabrication, delivery, and installation between the city of Madison and Nate Page to create a sightspecific public art feature for the imagination center at Rindle Park at 1818 Portage Road in district 12. Uh, and that is the correction that the district was incorrectly listed as district 17 on the agenda. Right. We also have a speaker on item 46, so we'll be excluding that. Are there other items that alers would like to have excluded from the consent agenda? Alder Madison.

42. Item 42, alder mayor. Uh 57. Item 57. Any additional exclusions from the consent agenda at this time? Alder Tishler, do you have referrals? No, I just want to be be noted as voting no on item 35.

Item 35. Thank you, Alder. All right. So, go over that again. Uh 18 requires 14 votes. The recommendation on 56 is to adopt. We'll be excluding 42, 46, and 57. And then we have three introductions from the floor and uh one item with corrections which is actually item 42 which we will be discussing. Anything else? Everybody good? All right. Uh then President Vidor a motion on the consent agenda. Move to adopt.

Second.

Moved and seconded to adopt the consent agenda. Is there any objection to recording unanimous vote in favor of the consent agenda with the noted exception? Seeing no objection, we'll record those votes. And we have one item uh with one registrant wishing to speak for public comment. Uh, and that is agenda item 46, approving a certified survey map of property owned by BHP LLC located at 5555 Odana Road and 5534 Medical Circle in District 19. On item 46, uh, one registrant wishing to speak is Victoria Williams of District 11. Do we have Victoria, please? Good evening everyone. Um, thank you for the opportunity to provide some comment. Um, I'm a neurossychologist and professor of medicine at WMadison. Um, I'm also the parent of two children at Monasury Children's House. Uh, tonight I speak to you though as a concerned member of the public. I recognize that this um, conting the conditional use permit that I object to for this project has already been passed and approved and that the council's role at this stage may be limited in scope. However, I I found that this was really the only opportunity to raise my concerns um to the council. So, I hope I can just put something on the record. Um I'm submitting a comment to really ensure that u this record continues to reflect a significant concern I've identified of whether the required finding that the project at 555 Odana Road will not be detrimental to public health. I don't feel like this has been fully supported. I want to emphasize that this is not an uh general objection

to development. I support it, but rather a sightsp specific concern related to the building's design, the location of this project in relation to a major highway, and a vulnerable population of children whose health may be directly impacted. The proposed development surrounds a preschool on two sides, which is in close proximity to the belt line, a major source of traffic uh related air pollution. Young children are particularly susceptible to air pollutants leading to a wide range of adverse health impacts that last a lifetime. In childhood, this increases respiratory disorders, neurode developmental and behavioral impairments. And in midlife, this can lead to increased risk for diabetes and cardiovascular disease. In the research that I do at WMadison, I have peer uh published peer-reviewed manuscripts on how air pollution exposure impacts risk for late life uh dementia. The building's massing and increased height, which was approved through a conditional use permit to exceed typical limits, creates a nearly continuous wall of development along the west and north boundaries of the preschool. This configuration stands to alter natural air flow patterns by creating a canyon effect whereby nearby pollutants arising from the belt line are more likely to accumulate at ground level rather than uh disperse. Even when surrounding ambient air quality is acceptable, pollutant concentrations in these enttrapment zones can be several times higher and easily reach unsafe levels. In response, there is a growing scientific literature on the impact of urban design configurations on ground level air pollution exposures. Studies suggest that increasing building permeability, limiting height, and increasing setbacks are the most effective solutions for mitigating air pollution within such isolated urban canyons. All of which are at issue with this development and all can be easily modified. Together I bring attention to a spite sight specific issue involving the intersection of a building design location and its impact on a vulnerable population. Children are vulnerable because they need our our

support. They can't speak for themselves. This unique factor compounds the need for due diligence and elevates this issue above a typical zoning consideration into a sub substant of health comment. I've in included a four-page report that includes um Thank you. citations that I I encourage you to read. Thank you. Are there any questions for the registrant or any of the registrants that are on this item? Alder Tishler, I just like if it's all right to give give the uh the speaker a chance to to finish. Um the correct form is to move a specific period of time for for uh two additional minutes.

Is there objection to two additional minutes? Seeing no objection.

Almost done. Thank you all. Thank you, Alder. Um, so these unique factors compon the need for due diligence and elevate this issue from a typical zoning consideration into a substantive public health concern. Addressing it doesn't require sideling this project. I would oppose that, but it does require ensuring that these considerations are meaningfully considered and integrated into the final design and planning decisions. The project does not the record currently does not make it clear that this was done. To meet this requirement, a sightsp specific air dispersion modeling study should be requested rather than a reliance on a general assumption about the development's impact on air quality. I also strongly urge the council to acknowledge this risk and in response, please refer this project back to the plan commission to reassess the required standard for this project that it is not a detriment to children's health. Um I I have included a four-page um report that includes citations that support all of the things that I've just mentioned today. Um I think that it's a really important issue and I speak um on behalf of children's health and um just wanting to make aware of this the safety concern that I don't feel like was ever addressed. I'm really happy to take any questions and I really appreciate all of you serving on this and considering um these considerations as well.

Thank you. Thank you. Any additional questions? Alder Pritchette? You we may want you back, ma'am. Sorry. Oh, yes. You have additional questions. Alder Pitchette, go ahead. Yes. You you mentioned other cities and research that uh that you're familiar with have taken steps to mitigate some of these issues. You know, if it could be perfect, yes. And if things could be modified in such a way knowing that Mhm. Yeah.

it can happen. What would you suggest? Thank you for that question. Um I think that the biggest issue is the setback of the building. So, the building on the north side that is directly sandwiching that preschool in between the freeway um and where the new development is required a conditional use permit. It's mostly in a 6ft zoning area, but the back side of the building because they're extending that footprint and adjoining with the adjacent lot is pushing that setback within 100 ft of the preschool's playground. Um and because of the elevation change, that conditional use permit is essentially making that a sevenstory building. Um, anytime you increase the height of a building, it increases that massing effect and it can trap air pollutants because they're coming in off the freeway. The freeway is a little elevated at that point. So currently the play the playground has minimal exposure risk um because of the elevation of the freeway and it's a little bit lower but as soon as you start building walls around it the pollution from the the free nearby freeway will emanate and it'll get trapped in these currents that basically form an eddy when you have two continuous structures basically boxing in a playground and these are kids from 18 months old to 6 years old and by state licensing requirements they're required to spend time outdoors every day. It's a it's a major health concern and if if anything it needs to be looked at closer. We can't be harming our children this way. Um so so my my my actual suggestions would be to um increase the setback from the playground is if you build more buffer between where that wall is and where the pollutants are accumulating and where the playground is. That will help um breaking up the building's design. the fig configuration of the building specifically. It's it's a it's a long building and then they put an L at the end which continues to really um box in the playground. That's not necessary. You can remove that part, increase the space between the buildings by just taking off that little chunk of maybe an added maybe that adds maybe a couple units, you know, um it allows more air

flow through the buildings. The way that it's currently configured, it's totally boxing it in on two sides and it's creating this canyon. Um, and it's a I I think that that and then also there's research suggesting roofing types can help. Um, I know that the neighborhood has kind of a modern configuration. They've got a lot of flat roofs. Flat roofs intens intensify those problems. Having more of a gabled roof allows the air to flow naturally over the building. Um, also decre obviously varying height and decreasing height is going to allow the pollutants to also flow away. Um, you know, I I do know that the alder that I've spoken with on this has looked at we have new air pollution monitors in Madison. Um, and you know, generally the levels are within standards and that's good. I'm glad to hear that. Um, but it it doesn't reflect the fact that once you start accumulating these the pollutants are heavier than the air, so they'll start to sink.

So when you create these conditions, you're increasing pollutant exposures acutely. um regardless of what the ambient air pollution is on the belt line, you're just funneling it into this one area and it sinks and that's where the children are at ground level. That's where they're playing and that's where there's a huge body of literature suggesting how harmful that is. In fact, the EPA just recently lowered the PM 2.5 and ozone and nitrous dioxide standards acknowledging this impact on health. Um so I know that Madison is a clean city and this should be something that they care about. you you know I I asked that question primarily because if you've if you've been on the campus of WM Medicine especially by the Warf building

uh it's one of the coldest places on campus primarily because of air flow. So my question is this have you um looked at um meteor meteorological studies that deal with this kind of thing? Now, I know New York City, yes, has issues, many issues with this same kind of problem. And so, did you consider including research from meteorology?

Yeah. So, it's more about kind of airflow dynamics and how it can be impeded by structures. Um, in my report I do have citations for a couple of studies that have looked at the configuration of building designs and looking at variation in heights and um, how and so I refer you to that if you want more specific details. But yeah, there's a lot of studies that have looked at that. Um, like LA for example also has a huge problem with this kind of like urban canyon effect. Um, you know, this is a smaller scale compared to like an entire downtown area, but you know, the principles still hold. I mean, how wind is impacted by structures, you know, it's it's very demonstrable um by science and and we can demonstrate this. So, that's why I'm asking for this air dispersion modeling study. There's um you know, I actually contacted the DNR. They said they don't deal with these issues. I tried. Um but anyway, they um it's called Airmod. It's a program that simulates uh air dispersion. Um, and you can even put in pollution sources and you can model sort of like based on these building heights and structures and locations and configurations like how it impacts pollution accumulation at certain sites. Um, and so that's what I'm requesting is, you know, I'm hoping that it doesn't that this isn't a problem, but I think that there's substantial enough risk that exists that this shouldn't be approved. Um, I think that there's still doubt. In fact, in the plan commission, um you know, the prior to the motion to pass it, I my concern was raised um the traffic engineer was asked whether there had been any pollution studies. The answer was no, and then it just passed anyway. Um so I've been raising this concern at the urban design commission, at the plan commission. I feel like this is my last shot and um I feel like this is an issue that we should all care about.

Thank you. Thank you. Thank you, Elder. Are there any other questions for the registrant? Seeing none. Thank you. Thank you.

Right. That is our only public comment for the evening. Just making sure. Uh so we will move on then to item 42. Item 42 is legisar 92212 approving the initial concept design and authorizing the city to execute an agreement for design, fabrication, delivery, and installation between the city of Madison and Nate Page to create a sightspecific public art feature for the imagination center at Rindell Park at 1818 Portage Road in District 17. On item 42, President Vidor a motion, please. Move to approve and is in district 12. In district 12, moved and seconded to approve item 42. Are there questions for staff on item 42? Alder Madison. Uh, thank you, mayor, for the best project on the agenda, but thank you. What? Oh, okay. But um I really have a question for the artist Nate Paige, but I'm not sure whether or not um

that's not possible. I know, I know, I know. But gosh, what is her name from Ken? Yes. Is she available? We do have Karen Wolf, our arts administrator here. Go ahead. Thank you. Sorry, Karen. It's been a long day. Um, but I really just wanted to just since we have the full council here, if you can just give an overview of the process next and how do you intend to work with the artist at minimum to ensure that the artist has the kids information and how that might be incorporated in his next steps. Wonderful. And the artist is registered to answer question here in support registered to answer questions if you'd rather hear from him directly. But um,

we're unfortunately past that part of the agenda. Oh, I get it. Sorry. Um, all right. So, uh, yeah, he's very interested in working with the students and we now feel that we have an avenue into the schools through your relationships and, um, the, you know, the path that you've established. Thank you for that. uh our next steps would be, you know, to contract with them him for the design that's attached and then set up those outreach opportunities which he's very gung-ho about. Did I answer your question, Elder Madison?

Yes, all almost. I guess I'm just more so trying to understand like is there an intentional path for him to work with the kids? I just want to make sure that that part happens. Yes, he had said that in his original proposal and um and we haven't negotiated that yet and we'll reach out to you when we do so that you can help us structure that. Yeah. Perfect. Okay. Thank you. That's all. Thanks again. Thank you, Elder. Are there any other questions on item 42? Seeing none, it's been moved and seconded. Is there any discussion on item 42? Aller matters.

Of course. So, going back to the best item, second best item. I'll just go ahead on the agenda. Um, I did send everybody an email um with the student survey and I just want to say again like I said at uh finance committee for the rest of the body is that we should work to be a bit more intentional in how we include young people on art projects that will impact them for decades long after we are living. Um so in this project for example um there was the missed opportunity to connect with kids who actually live in the district. has been that area who's advocated for this project for over a decade long before uh most of us were alders and to have missed them really was frustrating but I understand schedules happen but myself and two um library uh staff members car uh Carly Latimer I think and Rob Franklin or Rob De's we spent the day over at Samberg Elementary with all of the art classes I was there for the first hour or two they spent the rest of the day but it was a very simple process all the kids, you know, put little stickers on their favorite project. Um, you can see all of their comments and I I just reading their comments and hearing their comments live just really makes you um I don't know, feel the impact like right away before the art is even created and installed in the library. But when you drive around a city, you don't necessarily always know how kids had an impact. And when we think about um I don't know, planning and designing our city, we should just be super intentional about how we include kids. And I think the biggest thing that stuck out for me is the lack of the art teacher really knowing what was happening and where we were at in the process. And this was an art project. So if we can just be a bit more intentional including art educators in the district, whether it's, you know, your local elementary school, local high school, local middle school, but figuring out how to be intentional with them. I think Alder Harrington McKitty at one of our most recent meetings talked about like how do we work with

the schools? Where's that relationship? It's really on us to build a relationship. We're not Don't wait for somebody else to sort of introduce you to the folks at your local school. You should just sort of walk up, ring the bell, don't walk in because that can be some sort of privacy violation. But build a relationship with your principal. I happen to have the best principal at Madison, Lori Lopez. So, I just had to say that. But I just Oh, the last thing I do want to just say is I appreciate everybody for continuing to support the project, for coming to the district about the project. Um, the kids are super excited. It shows up in their comments and I'm just glad that they're going to have something that exists long be beyond us running our mouths at Common Council. So, thank you.

Thank you, Alder. Alder Matthews, I think you might have to defend your district lines here.

I know, but it's okay. Uh, no. I just wanted to thank Alder Madison for being so diligent about making sure the kids at Sandberg got included in the feedback process for this. Um, I think I mean definitely everyone should go read the comments that she sent cuz I started and they're very very good comments. Um, but it it just seems like especially with the percent for art, um, the way that it's kind of taking off, um, and not all the projects are in my district, but a lot of them have been, uh, it seems like a really easy win to get kids involved in this way. uh especially for something called the Imagination Center where all these kids are going to go, they're going to remember that day where they got to judge all these art pieces for the rest of their lives. And every time that they go to the Imagination Center and as we're doing these projects around the city, I know, you know, it adds a little bit of extra planning work for sure, but it does seem like a really like easy and low barrier to entry way for kids to get involved. It's something that they can understand. It's something that they can give really legitimate and valuable feedback on. And it it just seems, you know, tailor made to make like lifelong memories for these kids and introduce them to the city. Um, so I just want to thank Alder Madison again and also the staff from the bubbler and Karen and Mary Rose for making this all happen. Thank you, Alder Alder Martinez Rutherford. I won't be as long on this one. Um I also want to thank um Sabrina Alder Madison, my apologies. Um and thank Rob De's and Carly for their work too. I got to see Rob last weekend and

and was was excited to be like thank you for doing what you did. Um, it was also a pleasure to watch this from the beginning to where we are now and and want to thank Sabrina for Alder Madison for pushing us uh a little bit further out of her comfort zone and of course all the members and the staff with uh Medicine Arts and yeah, thank you. That's all I had to say.

Thank you, Alder. I have no other alders in the queue wishing to speak. Item 42 has been moved and seconded. Is there any objection to recording unanimous vote in favor? Seeing no objection, we're recording unanimous vote in favor of item 42. That will take us to item 46. Item 46 is legisar 91514 approving a certified survey map of property owned by BHP LLC located at 555 Odana Road and 5534 Medical Circle in District 19. On item 46, President Vidor, a motion, please move to approve. Second.

Moved and seconded to approve. We'll start with questions for staff. Um or maybe just with a quick overview. Um Director Tuttle.

Thank you, Mayor. I'll provide a quick overview about the project that is on your agenda tonight and specifically what the item is that's in front of the council tonight. Um, this may sound somewhat familiar because this is a similar kind of approval to ones that we've seen on some of your recent meetings um, this year. So, the project proposed at 5534 Medical Circle and 555 Odana Road is actually a three-part request that came before the city. Uh, the first part was a request to demolish an existing building at 5534 Medical Circle. This was reviewed by the landmarks commission and then ultimately by the plan commission after the landmarks commission found historic value for the property that was proposed for demolition. The plan commission found the standards met for demolitions and approved the demolition of that building. That item um approval lies with the plan commission. The plan commission also reviewed a conditional use request associated with the project. Um, you heard a little bit of comment from uh the public speaker tonight about some aspects of the project that the plan commission considered. Ultimately, for a site that includes two mixeduse buildings, uh the plan commission needed to review and approve a a conditional use for a mixeduse building with more than 60 units and a building that exceeded five stories in height within the zoning district it was located. For both of these conditional uses, the plan commission reviewed a number of um a variety of information related to the standards of approval. there were uh eight standards of approval that were relevant to this request and found those standards were met and approved those

conditional uses. Um that conditional use is the process through which we look at impacts from development and impacts within developments. Um and that approval lies with the plan commission as well. The third piece of this project was for a certified survey map approval. Um we call these CSMs here. Um and ultimately this request is to combine parcels into a single lot for the development to take place on. The plan commission also reviewed the CSM as part of this project and found the standards for approval were met and recommended approval of that CSM to you, the common council. This is the one piece of this project that requires the common council's approval. the common council is required um under state law to issue an approval an approval with conditions or a denial of that CSM within 90 days of when it was submitted. Uh it was submitted on January 5th and so the approval needs to be issued by April 5th. Um as I mentioned before, this is similar to some of our recent meetings wherein this is the only portion of the project that's actually in front of the council tonight. So, your review and approval must be based on the standards of approval for certified survey maps. And I appreciate that attorney Kate Smith also provided a staff memo um attached to the legislative file for this item detailing what some of those standards are, but I'd be happy to answer any questions. Um we've also heard some other questions throughout the uh process of reviewing this project either at the Urban Design Commission, the Plan Commission, or some of your comments received tonight. um that have to do with other aspects of city approval processes. And so I just wanted to note too that um the approvals that are in front of you tonight are what we essentially call the uh the

discretionary reviews or the kind of green light that a developer might need in order to proceed with securing more detailed permits and approvals from the city to actually move forward with the construction of the project. One issue that came up quite a bit in our conversations had to do with how the project is ultimately constructed and what happens during the construction process. So I just wanted to note that um the standards of approval for the plan commission's review of projects have to do with the foreseeable impacts from the project being in operation from you know the built condition and how it might operate and how it interacts with its environment and is not necessarily specifically related to impacts from construction activity directly. Uh we do have separate city ordinances and permit processes that deal with construction activity. how those um activities need to be managed in order to mi minimize and mitigate impacts um and also to make sure that the appropriate um city and state rules for construction are being followed. So, I just wanted to make a note of that. Um I'm happy to answer questions that any of the alders might have about the approval of the certified survey map tonight.

Thank you, Director Tuttle. Are there questions for staff? Alder Tishler? Yes. I just had one question. It was uh is air quality one of the standards for approval for for CSM.

Air quality is not one of the standards of approval for a CSM. Um the standards of approval for the CSM relate to patterns of development. um ensuring that the preparation of the land for the proposed purpose is um appropriate and that other factors like topographic factors, environmental factors of the land itself will um be suitable to support the development that's proposed on the land. Um and then ultimately the CSM is a tool to ensure that anything any of the standards in our ordinance related to size, configuration, orientation of the lot itself are met, but air quality is not a direct standard of the CSM approval. And I guess my followup with I mean with the earlier approval for um the the planning commission not not the CSM but one before was was air quality one of the conditions for that or is is this just across the board air quality is not one of the standards?

Air quality um is a factor of development that is related to standards of approval for a conditional use. Um it is not explicitly cited as a standard of approval for a conditional use. Um but there are a number of conditional use standards that deal with um ensuring that a development will not have any unanticipated um harmful impacts on adjacent development um and general suitability of the development itself. But um most of the standards cite things like traffic, visual impact um consistency with the development patterns around a project. uh but those standards do allow for consideration of broader impacts and at times uh questions of environmental impact related to projects have come up within the context of a conditional use discussion.

Okay. And I guess one one last question I mean moving forward if the developer you know maybe reads the report that our speaker just uh talked about are there do they still have the opportunity to make modifications to improve uh the air quality? you know, recognize that there is a uh a school there with very young young children.

Um if the developer were to conduct additional studies and perhaps, you know, through their discussions with their future neighbors um about how to mitigate any impacts that the development might have on their neighbors. Um if there was a determination that there were concerns about the development's impact on air quality, the developer could um modify their project, um it at this point would be um up to the developer to propose making those changes. The project has been approved by the plan commission, so it's not something the city could approve after the fact, per se. Um but if there were changes that were proposed, the developer could submit alterations to those plans that we could review and consider approving an alteration to that.

Okay. Well, thank you. And just given the fact our last um you know, we had a we had a report uh that that uh President Bid uh I mean put together for with bringing different people from around the the city talk about the environment. we learned about the air quality monitors and then this one right on the heels and I I guess I just wanted to that's why I I just have more of an interest in this. So it's not a question it's more of a of a statement and then as we move forward with this area to make more statements when we get into discussion that's the Yep. Thank you.

Thank you Alder. Are there other questions for staff on this item? Seeing none uh Alder Tishler, would you like to continue your statement?

My ramble. Sure. Thank you. Um, no. I I just think that that given given the, you know, the the awareness that we that the council received the last um uh special session, uh, it just it's to me it's a little surprising that that and I probably should know better that the air quality is not in a condition, but you know, we we were looking at this area to create even more high density. We're going to be having much taller buildings. And I think I I think if if if nothing can be done with this particular sight specific case, we I think maybe use this opportunity as an to look look as we move forward with future development in this area, especially if we're seeing taller buildings uh higher density with a mixture of both um both commercial as well as residential that uh that we factor in air quality uh into future decisions.

Thank you, Alder. Um, item 46 has been moved and seconded. Is there further discussion? Alder Okitz. Yeah, thank you, mayor. And I I think Alder Tishler brings up some good points. I did read the uh speaker's comments. Um, it talked a lot about modeling, but it did not, you know, we don't have models at hand for our schools. So, this might be a good opportunity for us to work with university or other partners, especially I'm thinking downtown where we do have um much more of a canyon effect. So, interested in in working with partners on that.

Thank you, Alder. Uh is there any further discussion on item 46? Alder Pitchett,

my the concern that I have is for developer to present his or her plans. The development has the development has started and all of a sudden we have some major issues. Where does the responsibility lie? You know if we are pointing out things now but we now we have no plan for monitoring that's a big issue for me. You know it's one thing to have to develop. We know that these are some of the environmental issues that are we we can be confronted with but we don't have a monitoring system in place. Where and how do we go about holding a developer responsible for these kinds of issues? You know, we're saying that it's settled and we can't go back and do this, but can we ask for monitoring? What's wrong with monitoring? That's a question that I have. How do we go about doing that?

Thank you, Alder. I have no other alders in the queue wishing to speak on item 46. So item 46 has been moved and seconded. Is there objection to recording unanimous vote in favor? Seeing no objection, we'll record that vote. And that will take us to item 57, which is legisar 92294, authorizing the mayor and city clerk to execute an agreement with Baker's Place LLC for 20 to 50 parking permits at the South Living Street garage in District 6. On item 57, President Viviver, a motion, please move to approve.

Second. Moved and seconded to approve. Are there questions for staff on item 57? Alder mayor. Thank you, Mayor. Uh, I have questions for transportation director Spieler. Go ahead. Um, can you give us a super brief super brief um summary of this agreement and what effect it would have? I think there's a previous 2022 contract. Yeah. And Ann is here from parking can walk us through this. Can you hear me? Yes. All right.

Okay. I won't do it. Um, so the overview of the agreement is there was an agreement in 2022. However, the agreement in 2022 was a long-term lease that reser that assured reserve stalls for Baker's Place. They were only nights and weekends. figures place as they've gone along and learned more about their tenants and their clientele has realized that a 247 permit is more to their client's needs. So they've asked for a mutual recision of the previous agreement which we are in favor of in so this agreement will take place of that previous lease. So we're not adding spots to their to their previous lease. We're replacing it with a new lease. And the big key difference is we're switching to, like I said, 247 permits. 247 permits are charged by ordinance. So, it's $140 a month plus a 10% admin fee. The public would get it at $140 when we are able to offer some to the public at Livingston. And the like it's not guaranteed. What happens is they're subject to oversale. So if we are realizing that okay they've got 20 permits but they only ever utilize 10 and there's a surge event say at one of the entertainment businesses nearby like the Sylvia or receivvens our staff do observe this they track it that they'll sell those 10 that never historically get used. So they're subject to oversale. So if the public wanted that space and it's not being utilized they would have access to that space. However, that if a permit holder shows up because there's that level of like potential oversale, they wouldn't necessarily have a spot. They'd have to wait until there was availability in the

garage. However, this is based on historical trends. So, like if they are asking for 20 and that 20 is being utilized consistently, we would hold that space open because they've paid for it and they're utilizing it. So, that's the key difference between permits and a long-term lease. there wouldn't be a stall sitting open. There's also a history here with the Livingston garage of its intentional use for the American Family Insurance office space and the Spark building. So the during the day the the garage is leased at 572 cells being held for those for those businesses and there's an additional 100. When we look at the occup occupancy of Livingston, it's really never above 30%. So there's definitely space there for Baker's Place and like I said, they've it'd be in place of the other lease and for the historically observed occupancy, it wouldn't impact that. The other parts of this lease are it's a minimum of 20 that they have to pay for for permits. It's up to 50. So, if they're realizing that tenants are liking this option and it meets their needs and they want more, they can have more, but we're going to cap it at 50 to make sure that we have that maintained occupancy where we want it to be. You know, there's definitely a sweet spot there. Um, in terms of payment, they are to pay upfront for their permits every month. So, they're going to tell us we want 23 this month for well, not this month, but the following month. Um, and we're going to send up a bill and they're going to pay it. And if they don't pay it by the 5th of the month, the permits get shut off. Um, so that's our our regulatory like how we hold them accountable. There is also caveats in

the agreement where we can terminate if they're not paying on their on their portion and we can terminate for other other reasons as well. You know, if there's just issues. Um, and then it's a 10-year term with two 5-year extensions. So, that's the broad overview of how we got here, what the history is, and then the agreement before you.

Thank you. you uh pre-answered two of my follow-up questions. I appreciate that. And I I separated this item because there's some questions in the community and and my constituents given the light that uh the neutral project is featuring are going through some uh construction leans on this project and there's one in Milwaukee. So, there was some concern about that. Um but it sounds to me like there's very little risk to the city and um the city would be making money from otherwise underutilized structure. Is that correct?

That is correct. And there's always an argument here where we've got parking and there's it's underutilized. The preservation of green space on the isith which is naturally landlocked and you know being able to better utilize the parking stops a lot from being built. You know not that they would but just the plug for please do use our facilities. Sure. And there's you know there there's questions if uh this project was uh under under parked if they built not enough parking to begin with but I think that's a question for another day. It's mostly about this agreement. So, thank you for your answers. Of course. Thank you.

Thank you, Holder. Are there other questions for staff on this item? Seeing none, item 57 has been moved and seconded. Is there any discussion? Seeing no discussion, is there any objection to recording unanimous vote in favor? Seeing no objection, we'll record unanimous vote in favor of item 57. That will take us to the end of our agenda. Are there any additional introductions of items from the floor or any announcements? Seeing none of either, then Alder Glenn, it is your turn. Move to adjurnn. Second.

Moved and seconded to adjurnn. Is there any objection to recording unanimous vote in favor of adjournment? Seeing no objection, we stand. Adjourned. Have a good night everyone.