Middleton City Hall

January 27th - Public Hearing on Municipal Wellhead Protection Regulations

A public hearing will be held before the Plan Commission of the City of Middleton on Tuesday, January 27, 2009, at 7:05 pm ., concerning an amendment to the City of Middleton Zoning Code providing for the creation of section 10.97 of the City of Middleton Code of Ordinance enacting municipal wellhead protection regulations in the City of Middleton.

Hearing notice      Map of Wellhead Protection Area      Draft Ordinance

January 13th - Public Hearing on North Mendota Parkway

Help shape the City’s position on the environmental corridor and road alignments that are being considered as the region plans for development of a North Mendota Parkway.  The Common Council and Plan Commission invite city residents to attend a public hearing on January 13 at 7:15 p.m. to provide input on this issue.

Hearing notice      Map of proposed road alignments      City presentation

 

January 6th- Public Hearing for proposed Sign Code and Big Box Ordinances

The City of Middleton will be holding public hearings on Tuesday, January 6th at Middleton City Hall Council Chambers to discuss the proposed Sign Code Ordinance (7:45 pm) and the proposed Big Box Ordinance (8:15 pm). A draft copy of each can be accessed below.

The City of Middleton Department of Public Works will receive sealed Bids for the construction of a new Police / Municipal Court Building until 2:00 pm local time, Tuesday February 17, 2009 at the City of Middleton, 7426 Hubbard Avenue, Middleton, Wisconsin 53562, at which time they will be publicly opened and read aloud. For more information please go here.

City Planning Department staff continue to work with the city’s consultant to revise the draft Bicycle & Pedestrian Plan document.  Here are links to the most recent versions of the text and maps:

• Concept Map (revised Jan. 6)
• Plan Map  (revised Jan. 5)
• Current Draft Plan (dated Jan. 9)
• First version of Draft Plan (dated Dec. 23)
• Public hearing notice
• Bike Pedestrian Presentation

A public hearing has been scheduled for January 13 at 7:30 p.m. to obtain input on the draft plan prepared to date.  An additional hearing will need to be scheduled once the plan has been finalized.

The following is the City of Middleton's new Smoking ordinance that will be effective 15 March 2009. The ordinance may also be obtained in a PDF format here.

6.09 SMOKING PROHIBITED

 (1) Purpose. The Common Council finds that smoking tobacco products is hazardous to the health of both smokers and nonsmokers who are exposed to smoking. Reliable scientific studies, including studies conducted by the Surgeon General of the United States, have shown that breathing side-stream or secondhand smoke is a significant health hazard to nonsmokers, particularly to children, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Health hazards induced by breathing side-stream or secondhand smoke include lung cancer, respiratory infection, decreased respiratory function, decreased exercise tolerance, bronchoconstriction, and bronchospasam. This Section is adopted for the purpose of protecting the public health, general welfare, safety and comfort of the people of the City of Middleton.  

(2) Definitions. In this section:  

(a) “Employee” means any person who may be required or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, or to go or work or be at any time in any place of employment.

(b) “Employer” means any person, business, partnership, association, trust, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district, family care district, non-profit entity, and other public or quasi-public corporations as well as any agent, manager, representative or other person having control or custody of any employment, pace of employment or of any employee.

(c) “Employment” means any trade, occupation or process of manufacture, or any method of carrying on such trade, occupation or process of manufacture in which any person may be engaged.

(d) “Place of employment” means any area under the control of an employer that employees may be expected to be present during the course of employment, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence shall not be considered a place of employment unless it is used as a child care, adult day care or health care facility.

(e) “Primary entrance” means the entrance to any public building intended to be commonly and predominately used by members of the public for initial access to a public building from a parking lot, public street or sidewalk. A building may have more than one primary entrance.

(f) “Public building” means the interior area of any structure used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy or use by the public, or as a place of employment and includes lobbies, hallways and other common areas in any apartment building, condominium, retirement facility, nursing home or other multiple-unit residential facility. Notwithstanding the general application of this definition to interior areas of structures, outdoor seating structures such as stadiums, bleachers or outdoor auditoriums for spectators of sports events, outdoor theater or other similar events shall also be considered a public building. A private residence is not a public place unless it is used as a child care, adult day care or health care facility.

(g) “Secondary entrance” means any entrance such as emergency exits, service entrances, entrances for employees only or entrances from outdoor public seating areas not serving as a primary entrance. (h) “Service line” means an indoor or outdoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including but not limited to ATM lines, concert lines, food vendor lines, movie ticket lines and sporting event lines or waiting for public transportation. The term “service line” does not include lines in which people wait in their vehicle such as a drive-through or car wash line.

(i) “Smoking” means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or in any form.  

(3) Prohibition of Smoking in Public Buildings. No person shall smoke in any public building or within fifteen (15) feet of any primary entrance, operable window, or ventilation system of a public building, in any vehicle that constitutes a place of employment or within fifteen (15) feet of any service line or within three (3) feet of a secondary entrance. Nothing in this Section shall be interpreted as a limitation on the right of a property owner to prohibit smoking in any area where smoking is not prohibited by this Section.  

(4) Exceptions. The prohibition in subsection (3) shall not apply to:  

(a) Any hotel or motel rooms rented to a guest. This exception applies only to rooms with sleeping quarters, not to conference rooms or other facilities available for rent. For this exception to apply, all rooms where smoking is to be permitted by the owner or operator shall be contiguous to one another and smoke shall not infiltrate into areas where smoking is prohibited by this Section.  

(b) Retail tobacco stores operating as the sole business in the building in which it is located and which derives ninety percent (90%) or more of its gross receipts from the sale of tobacco or smoking paraphernalia such as pipes, matches, lighters, cigarette papers, humidors, cigarette cases or ashtrays.  

(5) Posting of Signs. Every public building shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited. Every vehicle that constitutes a place of employment shall post a conspicuous sign likely to be seen by any occupant clearly stating that smoking is prohibited. Use of the international “No Smoking” symbol, a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across the cigarette, shall be construed as a clear statement that smoking is prohibited. The posting of signs is an affirmative duty upon the owner or operator of a public building, but failure of the owner or operator of a public building to post signs shall not be a defense to prosecution of a violation of this ordinance.  

(6) Ashtrays. No ashtrays shall be present in any indoor area where smoking is prohibited by this Section except for ashtrays displayed for sale and not available for use on the premises.  

(7) Retaliation; Waiver of Rights.  

(a) No person or employer shall discharge, refuse to hire, refuse service to or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant or customer exercises any rights afforded by this Section, makes a complaint regarding any violation of this Section, or reports a violation of this Section to the City.

(b) An employee who works in a setting where an employer allows smoking contrary to this Section does not waive or otherwise surrender any rights the employee may have against the employer or any other party.

(8) Enforcement and Penalties.  

(a) Any person found in violation of subsection (3) shall be subject to a forfeiture not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).

(b) Any owner, operator, or manager of a place where smoking is prohibited who observes a violation of this Section, shall immediately direct the person committing the violation to cease smoking and extinguish all smoking materials. If the person does not stop smoking, the owner, operator, or manager shall order the person to leave the premises. If the person fails to immediately leave the premises, the owner, operator, manager shall immediately call the City of Middleton Police Department. Any owner, operator, or manager or employee who fails to prevent violations of this ordinance as set forth in this paragraph or otherwise fails to comply with any provisions of this Section shall be subject to a forfeiture as follows:  

1. Not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00) for the first violation within any twelve (12) month period.

2. Not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00) for the second violation within any twelve (12) month period.

3. Not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for the third violation within any twelve (12) month period.  

(c) Each day a violation exists or occurs shall constitute a separate violation.

(d) Violation of this Section shall constitute grounds for the revocation or suspension of any license or permit issued under Chapter 7 of this Code of Ordinances related to the operation of the premises where smoking is prohibited.

(e) Violations of this Section shall be considered public nuisances and may be enjoined pursuant to Chapter 17 of this Code of Ordinances, Wis. Stats. Chap. 823 or by any other means authorized by law.

(9) Severability. If any portion, clause, sentence, or paragraph of this Section or the application thereof to any person, entity, or circumstances is held invalid, that invalidity shall not affect the other provisions of the Section which can be given effect without the invalid provision or application and to this end the provisions of this Section are declared to be severable.

This Ordinance shall become effective March 15, 2009 or upon publication whichever is later.

During the first nine (9) months after adoption of this ordinance the City shall waive all building permit fees for any application by any existing restaurant or tavern to construct an outdoor seating area to accommodate customers who wish to smoke.

For updated information on Ski trail conditions for the City please go here.

You’re invited to attend an ongoing series of FREE monthly sustainability seminars sponsored by the City of Middleton Ad Hoc Sustainability Committee! The seminars are held on the first Thursday of each month at 6:30p.m. at the Middleton Public Library, 7425 Hubbard Avenue, in the Archer Room downstairs (take the stairs or the elevator from the main lobby). Visit the Ad Hoc Sustainability Committee’s page to find out the topic of the month. Please spread the word to your friends, family, and neighbors, all are welcome!  

TID #4 Project Plan Draft (Large file 27 MB)

TID #4 Terms Sheet

Redevelopment #3 Project Plan Draft (Large file 16 MB)

TIF #3 Report - January 2009

Over the past several months, City planning staff has been working with MSA Professional Services to develop a neighborhood plan for the Parmenter Street Corridor to address the most appropriate mix of land uses; density of development; transportation options and issues (USH 12, Municipal Airport, Trail System, etc.); and development and design standards. The Plan was discussed publicly at Plan Commission meetings on October 9, November 13, and December 11 of last year. A work session on changes to the Plan was held at City Hall on February 9, 2008. To view the plan that was adopted by the Middleton Common Council on July 1, 2008, click here.

On February 5, 2008, at 7:45 p.m. , the Middleton Common Council held a public hearing on the request for zoning approval for the proposed Tribeca Village development.  The zoning regulations set forth the standards for the types of uses and sizes of buildings allowed at Tribeca Village.  One component of the proposed development is a 188,000 square foot large format retail store, which could potentially house a Target, Wal-Mart, Home Depot, or other use. Click here to see a plan for Tribeca Village.