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CITY OF WAUWATOSA COMMON COUNCIL AGENDA ● AUGUST 6, 2019 Regular Meeting Common Council Chambers 7:30 PM 7725 West North Avenue, Wauwatosa, WI 53213 City of Wauwatosa Page 1 Updated 8/5/2019 4:22 PM Final ROLL CALL Approval of minutes of previous meeting OLD BUSINESS 1. Ordinance creating Section 24.06.085 of the Wauwatosa Municipal Code, and amending certain other provisions of Title 24, to create Midtown Zoning Districts (For public comment related to this item, please refer to the July 30th Community Affairs Committee meeting) Committee recommended approval 4-2 2. Ordinance amending the Official Zoning Map of Wauwatosa to rezone property generally along North Avenue from Wauwatosa Avenue to Menomonee River Parkway from C0 District, C2 District, R4 District, and R8 District to Midtown Residential, Midtown Transitional, and Midtown Mixed-Use (MID-RES, MID-TRN, and MID-MIX) Committee recommended approval 6-0 3. Ordinance amending Chapter 24.05.030, North Avenue Overlay, to add tobacco and vape/e- cigarettes and related products to the list of prohibited uses Committee recommended approval 6-0 APPOINTMENTS BY THE MAYOR 1. Sustainability Committee (appointment) (second reading) Seth Flanders, Analyst, Bostik 925 N. 70th Street (District 4) Term expiring 12/31/2022 2. Bicycle and Pedestrian Facilities Committee (appointment) (first reading) Maura Riordan, Past Construction Manager, C.G. Schmidt 2538 N. 97th Street (District 6) Term expiring: 5/31/2020 3. Tourism Commission (appointment) (reappointment) (first reading) Adam DeLude, Hotel General Manager, SpringHill Suites by Marriott 10411 W. Watertown Plank Road (District 3) Dave Amoroso, Ron Sonntag Public Relations

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Page 1: Agenda - Tuesday, August 6, 2019

CITY OF WAUWATOSA

COMMON COUNCIL

AGENDA ● AUGUST 6, 2019

Regular Meeting Common Council Chambers 7:30 PM

7725 West North Avenue, Wauwatosa, WI 53213

City of Wauwatosa Page 1 Updated 8/5/2019 4:22 PM

Final

ROLL CALL

Approval of minutes of previous meeting

OLD BUSINESS

1. Ordinance creating Section 24.06.085 of the Wauwatosa Municipal Code, and amending certain

other provisions of Title 24, to create Midtown Zoning Districts (For public comment related to

this item, please refer to the July 30th Community Affairs Committee meeting)

Committee recommended approval 4-2

2. Ordinance amending the Official Zoning Map of Wauwatosa to rezone property generally along

North Avenue from Wauwatosa Avenue to Menomonee River Parkway from C0 District, C2

District, R4 District, and R8 District to Midtown Residential, Midtown Transitional, and

Midtown Mixed-Use (MID-RES, MID-TRN, and MID-MIX)

Committee recommended approval 6-0

3. Ordinance amending Chapter 24.05.030, North Avenue Overlay, to add tobacco and vape/e-

cigarettes and related products to the list of prohibited uses

Committee recommended approval 6-0

APPOINTMENTS BY THE MAYOR

1. Sustainability Committee (appointment) (second reading)

Seth Flanders, Analyst, Bostik

925 N. 70th Street (District 4)

Term expiring 12/31/2022

2. Bicycle and Pedestrian Facilities Committee (appointment) (first reading)

Maura Riordan, Past Construction Manager, C.G. Schmidt

2538 N. 97th Street (District 6)

Term expiring: 5/31/2020

3. Tourism Commission (appointment) (reappointment) (first reading)

Adam DeLude, Hotel General Manager, SpringHill Suites by Marriott

10411 W. Watertown Plank Road (District 3)

Dave Amoroso, Ron Sonntag Public Relations

Page 2: Agenda - Tuesday, August 6, 2019

Agenda Common Council August 6, 2019

City of Wauwatosa Page 2 Updated 8/5/2019 4:22 PM

10317 W. Glendale Avenue (District 8)

Lori Hagopian, Retired Director of Communications, Hal Leonard Corporation

8536 Jackson Park Boulevard (District 2)

Marilu Knode, Director of Exhibitions and Programs, Sculpture Milwaukee

1511 N. 68th Street (District 4)

Susannah Lago, Founder and Owner, Style Up Group LLC

3256 N. 105th Street (District 6)

Terms expiring 7/31/2020

APPLICATIONS, COMMUNICATIONS, ETC.

1. Letter from Milwaukee Metropolitan Sewerage District requesting easements on three

Wauwatosa-owned parcels adjacent to Hart Park

City Attorney and City Engineer

2. Notice of Claim: Steven L. Johnson, 1223-B Milwaukee Street, Delafield, WI 53018

City Attorney

3. Notice of Claim: Mark Schnell, 6632 Hillside Lane, Wauwatosa, WI 53213

City Attorney

4. Notice of Claim: Douglas Vlasek, 8343 W. Wisconsin Avenue, Wauwatosa, WI 53213

City Attorney

5. Notice of Claim: Molly Delforge on behalf of Wangard Partners, 1200 N. Mayfair Road, Ste.

310, Milwaukee, WI 53226

City Attorney

6. Notice of Claim: Jessica Axt, 2184 N. 63rd Street, Wauwatosa, WI 53213

City Attorney

7. Notice of Claim: Leon Gorski, W136S7620 Fairfield Drive, Muskego, WI 53150

City Attorney

8. Letter from Dr. Barbara Calkins, Children's Hospital of Wisconsin, supporting the ordinance

amendment including electronic cigarettes in all smoke-free public areas

Add to existing file

9. 2 emails received from S. Peay and J. Peay, opposing 4 story development in the Midtown

District on North Avenue

Added to the existing July 30th Community Affairs Committee file

Page 3: Agenda - Tuesday, August 6, 2019

Agenda Common Council August 6, 2019

City of Wauwatosa Page 3 Updated 8/5/2019 4:22 PM

10. 19 emails received from C. Carter, L. & N. Nye, J. Hackbarth, E. Hackbarth, V. Spiering, J.

Jaworowicz, K. Coleman, M. Waclawski, T. & K. Wenzel, R. & T. Harwell, R. & J. Janisch, K.

Spiering, K. Wiseley, M. Hogan, M. Vettel, R. Gleichner, T. & J. Schoenecker, D. & S.

Hackbarth, M. Wrensch, supporting a 3 story limit on development in the Midtown District of

North Avenue

Added to the existing July 30th Community Affairs Committee file

ORDINANCES FOR INTRODUCTION

1. Ordinance amending various sections of the Wauwatosa Municipal Code by deletion of certain

ordinances which no longer enforceable or applicable

Refer to Government Affairs Committee

2. Ordinance creating Chapters 11.50 and 11.58 of the Wauwatosa Municipal Code regarding

Electric Scooters and Dockless Mobility Systems

Refer to Transportation Affairs Committee

FROM THE COMMUNITY AFFAIRS COMMITTEE

1. Ordinance amending Chapters 8.12 and 8.13 of the Wauwatosa Municipal Code pertaining to

electronic smoking devices

Committee recommended approval 6-0

FROM THE FINANCIAL AFFAIRS COMMITTEE

1. Resolution approving a professional services agreement with The Sigma Group for design

services related to Police Station parking lot reconstruction

Committee recommended approval 8-0

2. Resolution approving a Level III fund transfer to recognize insurance proceeds for the

replacement of a damaged police squad

Committee recommended approval 8-0

3. Bills and claims

FROM THE GOVERNMENT AFFAIRS COMMITTEE

1. Resolution approving the request by Eric Wagner, Cafe Hollander Tosa Village, 7677 W. State

Street, for a "Class B" Liquor License extension for the Village Harvest Fest on September 21,

2019 from 5:00 PM to 11:00 PM

Committee recommended approval 7-0

2. Resolution approving the request by LeReve Patisserie & Cafe, 7610 Harwood Avenue, for a

permanent extension of its "Class B" Liquor license premise to include the property at 1409

Wauwatosa Avenue

Committee recommended approval 8-0

Page 4: Agenda - Tuesday, August 6, 2019

Agenda Common Council August 6, 2019

City of Wauwatosa Page 4 Updated 8/5/2019 4:22 PM

3. Resolution approving an agreement with Milwaukee Regional Medical Center regarding the

provision of enhanced police services to the MRMC Campus

Committee recommended approval 8-0

4. Resolution ratifying an agreement with the Wauwatosa Peace Officers Association for contract

years 2019-2021

Committee recommended approval 8-0

5. Ordinance amending Subsection 6.08.390 B. of the Wauwatosa Municipal Code to allow sales of

intoxicating liquor by "Class B" Licensees for off premises consumption in unlimited quantities

and deleting subsection 6.08.360 D. regarding closing hours

Committee recommended approval 8-0

FROM THE TRANSPORTATION AFFAIRS COMMITTEE

1. Ordinance amending Section 11.32.080 of the Wauwatosa Municipal Code to adjust parking

zones on West Wisconsin Avenue from Pleasant View to Honey Creek Parkway

Committee recommended approval 5-1

2. Resolution approving a Level III fund transfer of $32,000 from the Tax Increment District 5

proceeds to provide operational funding for Bublr bike share

Committee recommended approval 6-0

3. Resolution adopting minumum standards for crossing guard placement in the City of Wauwatosa

and eliminating four crossing guard locations

Committee recommended approval 6-0

FROM THE BOARD OF PUBLIC WORKS

1. Resolution awarding Contract 19-55/Project 5101,Glenview Avenue and Potter Road Pumping

Station Modifications Project, to Mid City Corporation in the amount of $1,086,150 (low of four

bids) and approval of a Level III fund transfer

Board recommended approval 4-0

2. Resolution authorizing a Letter of Agreement between the Wisconsin Department of

Transportation and the City of Wauwatosa regarding adaptive signal control operation and

maintenance

Board recommended approval 4-0

FUTURE COUNCIL COMMITTEE AGENDA ITEMS

1. Future Council Committee Agenda Items

CLOSING COMMENTS

1. Twenty Walks

Page 5: Agenda - Tuesday, August 6, 2019

Agenda Common Council August 6, 2019

City of Wauwatosa Page 5 Updated 8/5/2019 4:22 PM

2. Tosa Night Out

3. City Hall landscaping

4. Carla Ledesma retirement

Any person who has a qualifying disability as defined by the Americans with Disabilities Act who requires the meeting or materials at the

meeting to be in an accessible location or format, must contact the City Clerk at voice telephone 479-8917 or TTY 471-8484 (City Hall, 7725 W.

North Avenue, Wauwatosa, Wisconsin 53213) for accommodations. Requests for accommodations for meetings should be made at least three (3) business days prior to the meeting. Every effort will be made to arrange accommodations for all meetings; so please give the City Clerk as much

advance notice as possible.

Page 6: Agenda - Tuesday, August 6, 2019

Ordinance

ORDINANCE CREATING SECTION 24.06.085 OF THE WAUWATOSA MUNICIPAL CODE, AND

AMENDING CERTAIN OTHER PROVISIONS OF TITLE 24, TO CREATE MIDTOWN ZONING

DISTRICTS (FOR PUBLIC COMMENT RELATED TO THIS ITEM, PLEASE REFER TO THE JULY

30TH COMMUNITY AFFAIRS COMMITTEE MEETING)

The Common Council of the City of Wauwatosa do hereby ordain as follows:

Part I, Section 24.06.085 of the Wauwatosa Municipal Code is hereby created to read in its entirety as

follows:

[SEE ATTACHED “MIDTOWN ZONING DISTRICTS”]

Part II. The Use Table in Section 24.07.030 of the Wauwatosa Municipal Code is hereby amended by

adding three new columns labeled “MID-RES”, “MID-TRN” and “MID-MIX” on the right-hand side,

before the “Use Regulations” column, as shown on the attached “MIDTOWN USE TABLE”, including

the associated usage designations contained within the new columns as shown on the attachment.

Part III. The list of definitions in Section 24.18.020 of the Wauwatosa Municipal Code is hereby

amended by adding the following definitions, in alphabetical order, within the existing list of definitions

contained therein:

Basement: a portion of a building having no more than 50% of its floor-to-ceiling height above

grade.

Habitable Floor Area: As defined in Wisconsin Administrative Code.

Story: that portion of a building included between the surface of any floor and the surface of the

floor next above it or, if there is no floor above it, the space between the floor and the

ceiling or roof next above it. Basements and floor space with a floor-to-ceiling height of

less than 7 feet are not counted as stories.

Story, ground: the first full story of a building as measured from the front lot line.

Part IV. Subsection 24.18.030 G. of the Wauwatosa Municipal Code of Ordinances is hereby created to

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read in its entirety as follows:

G. Transparency Measurement. Ground story transparency must be measured between 2 feet

and 8 feet above the sidewalk level at the base of the facade. Other facade transparency

requirements are measured from the front door threshold elevation to the ceiling of the

top story of the building. Transparency requirements must be satisfied by the use of

windows or glass in doors with a transmittance factor of at least 50% and a reflectance

factor of no more than 0.25. The measurement may include the frame, mullions, and

muntins, but not trim or casings.

Part V. This ordinance shall be made available for inspection in the Office of the City Clerk and shall

take effect two weeks following publication of notice pursuant to Sec. 66.0103(1), Wis. Stats.

Passed and Dated

City Clerk

Approved

Mayor

Introduced:

Referred to originating committee

Adopted:

Page:

Journal:

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1

24.06.085 MID, Midtown Districts

A. Districts

The MID districts are listed below. When this zoning ordinance refers to “MID” districts it is referring to these

districts. After [insert effective date], the MID zoning classification may be applied only to property with street

frontage on North Avenue between Wauwatosa Avenue and Menomonee River Parkway.

TABLE 24-1 MID DISTRICTS

Zoning District Map Symbol

Midtown Residential MID-RES

Midtown Transitional MID-TRN

Midtown Mixed-Use MID-MIX

B. Purpose

The MID, Midtown district regulations are intended to help implement the recommendations of the Midtown North Avenue Plan.

1. MID-RES

The MID-RES (Midtown Residential) district regulations are established to help implement the “limited multi-family” subarea recommendations of the Midtown North Avenue Plan.

2. MID-TRN

The MID-TRN (Midtown Transitional) district regulations are established to help implement the “transitional” subarea recommendations of the Midtown North Avenue Plan.

3. MID-MIX

The MID-MIX (Midtown Mixed-Use) district regulations are established to help implement the “mixed-use” sub-area recommendations of the Midtown North Avenue Plan.

C. Uses

Uses are allowed in MID districts in accordance with the use table of Sec. 24.07.030.

D. Building Types

Uses are allowed in the MID districts in accordance with Table 24-2. The regulations governing allowed building

types are presented in Sec. 24.06.085-F. through Sec. 24.06.085-L.

TABLE 24-2 ALLOWED BUILDING TYPESS

Building Types

MID Districts

RES TRN MIX

P = permitted | – = prohibited

Detached house P P –

Semi-detached house P P –

Two-unit house P P –

Attached house P P –

Commercial house – P –

Multi-unit residential building P P –

Commercial building – P P

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TABLE 24-2 ALLOWED BUILDING TYPESS

Building Types

MID Districts

RES TRN MIX

Vertical mixed-use building – P P

Public or civic building P P P

E. Other Regulations

Uses and development in MID districts are subject to all other applicable regulations and standards of this

zoning ordinance, including the following:

1. Accessory Uses and Structures

See Chapter 24.10.

2. Temporary Uses

See Sec. 24.10.080.

3. Parking and Loading

See Chapter 24.11.

4. Landscaping and Screening

See Chapter 24.12.

5. Nonconformities

See Chapter 24.15.

6. Additional Regulations

Additional MID district-specific regulations are presented in Sec. 24.06.085-M through Sec. 24.06.085-U.

F. Detached House and Two-Unit House Regulations

Detached houses and two-unit houses (as defined in Sec. 24.08.020.A.1 and Sec. 24.08.020.A.3) are subject to the

regulations of Table 24-3. See also Figure 24-1, which is keyed to the letter symbols in the first column of the table.

TABLE 24-3 DETACHED HOUSES & TWO-UNIT HOUSES MID-RES MID-TRN Supplemental

1. Lot

A Minimum Lot Area (square feet) 6,000 6,000

B Minimum Lot Width (feet)

Interior Lot

Corner Lot

50

60

50

60

2. Principal Building Siting

C Minimum Front Setback (feet) 25 25

D Minimum Interior Side Setback (one side/both sides, feet) 3/9 3/9

E Minimum Street Side Setback (% of lot width) 20[1] 20[1]

F

Minimum Rear Setback (% of lot depth)

20[2] 20[2]

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TABLE 24-3 DETACHED HOUSES & TWO-UNIT HOUSES MID-RES MID-TRN Supplemental

3. Accessory Building Siting

Minimum Rear and Interior Side Setback (feet) 1.5 1.5

Minimum Alley Setback (feet) 5 5

4. Uses

G Allowed Uses in All Stories residential uses allowed by Sec. 24.07.030

5. Building Coverage

Maximum Building Coverage of Principal & Accessory Buildings Combined (% of lot area)

Interior Lot

Corner Lot

37

42

37

42

Maximum Building Coverage of Accessory Buildings (% of lot area) 12[3] 12[3]

6. Building Height Sec. 24.06.085-M

H First Story Floor Elevation (min/max above sidewalk, ft.) 0 to 4 0 to 4

I Maximum Principal Building Height (feet) 35 35

I Maximum Accessory Building Height (feet) 16[4] 16[4]

7. Building Facade

J Minimum Front Facade Transparency (%) 15 15

Sec. 24.06.085-O

J Minimum Street-Side Facade Transparency (%) 5 5

8. Lot Edges

K Edge Type Required Landscape Sec. 24.06.085-P

L Edge Element Required Porch or Stoop Sec. 24.06.085-Q

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TABLE 24-3 DETACHED HOUSES & TWO-UNIT HOUSES MID-RES MID-TRN Supplemental

Table 24-3 Notes

[1] Not required to exceed 15 feet.

[2] Minimum 15 feet; not required to exceed 25 feet.

[3] Not to exceed 720 square feet.

[4] Accessory building heights of up to 20 feet may be approved by the zoning administrator if the administrator

determines that the additional height is necessary to accommodate a roof pitch consistent with the architectural

style of the principal building and that the additional height will not be used to create habitable floor area.

G. Semi-Detached and Attached House Regulations

Semi-Detached Houses and Attached houses (as defined in Sec. 24.08.020.A.2 and Sec. 24.08.020.A.4) are subject to

the regulations of Table 24-4. See also Figure 24-2, which is keyed to the letter symbols in the first column of the

table.

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TABLE 24-4 SEMI-DETACHED AND ATTACHED HOUSES MID-RES MID-TRN Supplemental

1. Lot

A Minimum Lot Area (square feet)

Semi-Detached Houses

Attached Houses

3,000

2,000

3,000

2,000

B Minimum Lot Width (feet)

Semi-Detached Houses

Attached Houses

30

20

30

20

2. Principal Building Siting

C Minimum Front Setback (feet) 25 25

D Minimum Interior (non-street) Side Setback (feet) 0[1] 0[1]

E Minimum Street Side Setback (% of lot width) 20 20

F Minimum Rear Setback (% of lot depth) 20[2] 20[2]

3. Accessory Building Siting

Minimum Rear and Interior Side Setback (feet) 1.5 1.5

Minimum Alley Setback (feet) 5 5

4. Uses

G Allowed Uses in All Stories residential uses allowed by Sec. 24.07.030

5. Building Coverage

Maximum Building Coverage of Principal & Accessory Buildings Combined (% of lot area)

Interior Lot

Corner Lot

50

60

50

60

Maximum Building Coverage of Accessory Buildings (% of lot area) 12[3] 12[3]

6. Building Width

Maximum Number of Attached Units 8 8

7. Building Height Sec. 24.06.085-M

H First Story Floor Elevation (min/max above sidewalk, ft.) 0 to 4 0 to 4

I Maximum Principal Building Height (feet) 35 35

I Maximum Accessory Building Height (feet) 16[4] 16[4]

8. Building Facade

J Minimum Front Facade Transparency (%) 15 15

Sec. 24.06.085-O

J Minimum Street-Side Facade Transparency (%) 5 5

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TABLE 24-4 SEMI-DETACHED AND ATTACHED HOUSES MID-RES MID-TRN Supplemental

9. Lot Edges

K Edge Type Required Landscape Sec. 24.06.085-P

L Edge Element Required Porch or Stoop Sec. 24.06.085-Q

Table 24-4 Notes

[1] End units subject to minimum 4.5-foot interior side setback.

[2] Minimum 15 feet; not required to exceed 25 feet.

[3] Not to exceed 720 square feet.

[4] Accessory building heights of up to 20 feet may be approved by the zoning administrator if the administrator

determines that the additional height is necessary to accommodate a roof pitch consistent with the architectural style

of the principal building and that the additional height will not be used to create habitable floor area.

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H. Commercial House Regulations

Commercial houses are former detached houses that have been converted for occupancy by nonresidential principal

uses, such as offices or retail shops. Commercial houses are subject to the regulations of Table 24-5. See also Figure

24-3, which is keyed to the letter symbols in the first column of the table.

TABLE 24-5 COMMERCIAL HOUSES MID-TRN Supplemental

1. Lot

A Minimum Lot Area (square feet) 6,000

B Minimum Lot Width (feet)

Interior Lot

Corner Lot

50

60

2. Principal Building Siting

C Minimum Front Setback (feet) 25

D Minimum Interior Side Setback (one side/both sides, feet) 3/9

E Minimum Street Side Setback (% of lot width) 20[1]

F Minimum Rear Setback (% of lot depth) 20[2]

3. Accessory Building Siting

Minimum Rear and Interior Side Setback (feet) 1.5

Minimum Alley Setback (feet) 5

4. Uses

G Allowed Uses in Ground Story commercial uses allowed by Sec. 24.07.030

G Allowed Uses in Other Stories any use allowed by Sec. 24.07.030

5. Building Coverage

Maximum Building Coverage of Principal & Accessory Buildings Combined (% of lot area)

Interior Lot

Corner Lot

50

60

Maximum Building Coverage of Accessory Buildings (% of lot area) 12[3]

6. Building Height Sec. 24.06.085-M

H First Story Floor Elevation (min/max above sidewalk, ft.) 0 to 4

I Maximum Principal Building Height (feet) 35

I Maximum Accessory Building Height (feet) 16[4]

7. Building Facades

J Minimum Front Facade Transparency (%) 15 Sec. 24.06.085-O

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TABLE 24-5 COMMERCIAL HOUSES MID-TRN Supplemental

J Minimum Street-Side Facade Transparency (%) 5

8. Lot Edges

K Edge Type Required Sec. 24.06.085-P

L Edge Element Required Sec. 24.06.085-Q

Table 24-5 Notes

[1] Not required to exceed 15 feet.

[2] Minimum 15 feet; not required to exceed 25 feet.

[3] Not to exceed 720 square feet.

[4] Accessory building heights of up to 20 feet may be approved by the zoning administrator if the administrator

determines that the additional height is necessary to accommodate a roof pitch consistent with the architectural style

of the principal building and that the additional height will not be used to create habitable floor area.

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I. Multi-Unit Residential Building Regulations

Multi-unit residential buildings (as defined in Sec. 24.08.020.A.5) are subject to the regulations of Table 24-6. See also

Figure 24-4, which is keyed to the letter symbols in the first column of the table.

TABLE 24-6 MULTI-UNIT RESIDENTIAL BUILDINGS MID-RES MID-TRN Supplemental

1. Lot

A Minimum Lot Area (square feet) 6,000 6,000

B Minimum Lot Width (feet)

Interior Lot 50 50

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TABLE 24-6 MULTI-UNIT RESIDENTIAL BUILDINGS MID-RES MID-TRN Supplemental

Corner Lot 60 60

2. Principal Building Siting

C Minimum Front Setback (feet) 25 10

C Maximum Front Setback (feet) 30 30

Minimum Building Coverage at/between Min. and Max. Front Setback (%) 75 75

D Minimum Interior Side Setback (one side/both sides, feet) 3/9 3/9

E Minimum Street Side Setback (% of lot width) 20[1] 20[1]

F Minimum Rear Setback (% of lot depth) 20[2] 20[2]

3. Accessory Building Siting

Minimum Rear and Interior Side Setback (feet) 1.5 1.5

Minimum Alley Setback (feet) 5 5

4. Uses

G Allowed Uses in All Stories residential uses allowed by Sec. 24.07.030

5. Building Coverage

Maximum Building Coverage of Principal & Accessory Buildings Combined (% of lot area)

Interior Lot

Corner Lot

50

60

50

60

Maximum Building Coverage of Accessory Buildings (% of lot area) 12[3] 12[3]

6. Building Width

Maximum Building Width (feet) 85 No max.

7. Building Height Sec. 24.06.085-M

H First Story Floor Elevation (min/max above sidewalk, ft.) 0 to 4 0 to 4

I Maximum Principal Building Height (feet) 35 35

I Maximum Accessory Building Height (feet) 16[4] 16[4]

8. Building Façade

J Minimum Front Facade Transparency 20 20

Sec. 24.06.085-O

J Minimum Street-Side Facade Transparency 5 5

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TABLE 24-6 MULTI-UNIT RESIDENTIAL BUILDINGS MID-RES MID-TRN Supplemental

9. Lot Edges

K Edge Type Required Landscape Sec. 24.06.085-P

L Edge Element Required Porch or Stoop Sec. 24.06.085-Q

Table 24-6 Notes

[1] Not required to exceed 15 feet.

[2] Minimum 15 feet; not required to exceed 25 feet.

[3] Not to exceed 720 square feet.

[4] Accessory building heights of up to 20 feet may be approved by the zoning administrator if the administrator

determines that the additional height is necessary to accommodate a roof pitch consistent with the architectural style

of the principal building and that the additional height will not be used to create habitable floor area.

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J. Commercial Building Regulations

Commercial buildings are subject to the regulations of Table 24-7. See also Figure 24-5, which is keyed to the letter

symbols in the first column of the table. Commercial buildings are buildings occupied by nonresidential uses in all

stories of the building.

TABLE 24-7 COMMERCIAL BUILDINGS MID-TRN MID-MIX Supplemental

1. Lot

A Minimum Lot Area (square feet) 6,000 6,000

B Minimum Lot Width (feet) 50 50

2. Principal Building Siting

C Minimum Front Setback (feet) 10 5

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TABLE 24-7 COMMERCIAL BUILDINGS MID-TRN MID-MIX Supplemental

D Maximum Front Setback (feet) 25 10

Minimum Building Coverage at/between Min. and Max. Front Setback (%) 60 70

E Minimum Interior (non-street) Side Setback (feet) 3[1] 3[1]

F Minimum Street Side Setback (% of lot width) 10[2] 10[2]

G Minimum Rear Setback (% of lot depth) 20[3] 20[3]

3. Accessory Building Siting

Minimum Rear and Interior Side Setback (feet) 3 3

Minimum Alley Setback (feet) 5 5

4. Uses

H All Stories any use allowed by 24.07.030

5. Building Coverage

Maximum Building Coverage (% of lot area) 75 75

6. Building Height Sec. 24.06.085-M

I First Story Floor Elevation (min/max above sidewalk, ft.) 0 to 3 0 to 3

J Maximum Principal Building Height (stories/feet) 3/42 3/42 Sec. 24.06.085-N

J Maximum Accessory Building Height (feet) 20 20

7. Building Façade

K L

Minimum Front Facade Transparency

Ground Story

Upper Stories (above first)

50

15

60

20 Sec. 24.06.085-O

Minimum Street-Side Facade Transparency

All Stories

15

15

8. Lot Edges

M Edge Type Required Hardscape Sec. 24.06.085-P

Edge Element Required None

Table 24-7 Notes

[1] No side setback is required abutting a lot occupied by a nonresidential building with no side setback along the shared

lot line.

[2] Not required to exceed 15 feet.

[3] Minimum 15 feet; not required to exceed 25 feet.

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K. Vertical Mixed-use Building Regulations

Vertical mixed-use buildings (as defined in Sec. 24.08.020.A.6) are subject to the regulations of Table 24-8. See also

Figure 24-6, which is keyed to the letter symbols in the first column of the table.

TABLE 24-8 VERTICAL MIXED-USE BUILDINGS MID-TRN MID-MIX Supplemental

1. Lot

A Minimum Lot Area (square feet) 6,000 6,000

B Minimum Lot Width (feet) 50 50

2. Principal Building Siting

C Minimum Front Setback (feet) 10 5

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TABLE 24-8 VERTICAL MIXED-USE BUILDINGS MID-TRN MID-MIX Supplemental

D Maximum Front Setback (feet) 25 10

Minimum Building Coverage at/between Min. and Max. Front Setback (%) 60 80

E Minimum Interior (non-street) Side Setback (feet) 3[1] 3[1]

F Minimum Street Side Setback (% of lot width) 10[2] 10[2]

G Minimum Rear Setback (% of lot depth) 20[3] 20[3]

3. Accessory Building Siting

Minimum Rear and Interior Side Setback (feet) 3 3

Minimum Alley Setback (feet) 5 5

4. Uses

H Allowed Uses in Ground Story commercial uses allowed by Sec. 24.07.030

[4]

I Allowed Uses in Other Stories any use allowed by Sec. 24.07.030

5. Building Coverage

Maximum Building Coverage (% of lot area) 75 75

6. Building Height Sec. 24.06.085-M

J First Story Floor Elevation (min/max above sidewalk, ft.) 0 to 1.5 0 to 1.5

K Minimum Ground Story Height (floor-to-floor/feet) 14 14

L Minimum Principal Building Height (stories) 2 2

L Maximum Principal Building Height (stories/feet) 3/42 3/42 Sec. 24.06.085-N

L Maximum Accessory Building Height (feet) 20 20

7. Building Facade

M N

Minimum Front Facade Transparency

Ground Story

Upper Stories (above first)

55

20

70

25 Sec. 24.06.085-O

Minimum Street-Side Facade Transparency

All Stories

15

15

8. Lot Edges

O Edge Type Required Hardscape Sec. 24.06.085-P

Edge Element Required None

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TABLE 24-8 VERTICAL MIXED-USE BUILDINGS MID-TRN MID-MIX Supplemental

Table 24-8 Notes

[1] No side setback is required abutting a lot occupied by a nonresidential building with no side setback along the shared lot

line.

[2] Not required to exceed 15 feet.

[3] Minimum 15 feet; not required to exceed 25 feet.

[4] Residential dwelling units may be located in the ground-story but not within 20 feet of a North Avenue-facing building

facade.

L. Public and Civic Building Regulations

Public and civic buildings, which are buildings occupied solely by allowed public or civic uses, are subject to the

regulations of Table 24-9.

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TABLE 24-9 PUBLIC AND CIVIC BUILDINGS MID-RES MID-TRN MID-MIX Supplemental

Lot

Minimum Lot Area (square feet) 6,000 6,000 6,000

Minimum Lot Width (feet) 50 50 0

1. Principal Building Siting

Minimum Front Setback (feet) 25 10 5

Minimum Interior (non-street) Side Setback (feet) 3[1] 3[1] 3[1]

Minimum Street Side Setback (% of lot width) 20 10[2] 10[2]

Minimum Rear Setback (% of lot depth) 20[3] 20[3] 20[3]

2. Accessory Building Siting

Minimum Rear and Interior Side Setback (feet) 3 3 3

Minimum Alley Setback (feet) 5 5 5

3. Uses

Allowed Uses in All Stories any use allowed by Sec. 24.07.030

4. Building Coverage

Maximum Building Coverage (% of lot area) 60 75 75

5. Building Height Sec. 24.06.085-M

First Story Floor Elevation (min/max above sidewalk, ft.) 0 to 4 0 to 4 0 to 4

Maximum Principal Building Height (stories/feet) 3/35 3/42 3/42 Sec. 24.06.085-N

Maximum Accessory Building Height (feet) 16 20 20

Table 24-9 Notes

[1] No side setback is required abutting a lot occupied by a nonresidential building with no side setback along the shared

lot line.

[2] Not required to exceed 15 feet.

[3] Minimum 15 feet; not required to exceed 25 feet.

M. Building Height

1. Maximum overall building height limits apply to the entire building.

2. Minimum story (floor-to-floor) heights must be met along all street facing facades and for at least 75% of the story area.

3. The following requirements apply to vertical mixed-use building types:

a. The second story area must be covered and enclosed and equal at least 75% of the first story’s floor area;

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b. The second story facade must extend the entire width of any first story building facade except for second story areas used for unenclosed or uncovered outdoor dining area, uncovered decks, uncovered balconies, unenclosed stairs and uncovered atriums; and

c. The entire indoor area of the second story must be conditioned space (HVAC) and available for human occupancy.

N. Neighborhood Transition Height Limit

1. MID-MIX and MID-TRN-zoned lots that abut R-zoned lots or that are separated from R-zoned lots solely by alleys are subject to the neighborhood transition height limits of this subsection.

2. Principal buildings may not exceed 3 stories or 35 feet in height within 30 feet of the lot line of the abutting or alley-separated R-zoned lot.

O. Transparency

Transparency regulations govern the minimum percentage of a street-facing building façade that must be

covered by windows or glazed, transparent elements. In determining compliance with transparency

requirements on a building facade, the transparency of each building story must be calculated separately.

P. Lot Edges

1. Description

The term “lot edge” refers to the area of a lot located immediately beyond the back of the sidewalk between:

a. The back of the sidewalk and a principal building; and

b. The back of the sidewalk and an allowed parking lot;.

2. Purpose

The design of lot edges helps define the transition between public and private property and contributes to the overall character of the area, particularly for pedestrians.

3. General Lot Edge Regulations

Different lot edge types and elements are required in accordance with the regulations that apply to the different building types allowed in MID districts. The following general regulations apply to all lot edge types:

a. Mechanical equipment and other building service may not be located in the lot edge along the front of the lot.

b. Lot edges may not be used for vehicles, except for driveway or alley crossing, incidental service, maintenance or emergency actions.

c. Landscape material used to satisfy lot edge tree planting and landscape requirements must comply with the standards of Sec. 24.12.050.

4. Landscape Edge

Landscape edges are subject to the following regulations:

a. Landscaping, such as trees, shrubs, groundcover plants, sod, or annual or perennial vegetation, must be provided in at least 5070% of the lot edge area. The area of any stoops or porches is not counted in determining the total lot edge area.

b. The landscape edge may not be used for vehicles, except for incidental service, maintenance or emergency actions.

c. The landscape edge may not be covered, except by features allowed to encroach into required building setbacks (see Sec. 24.18.030-F).

d. Landscape edges with a depth of 7 feet or more must be planted with at least one deciduous tree per 50 linear feet of street frontage, except where this condition is satisfied through preservation of existing on-site or adjacent street trees.

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5. Hardscape Edge

Hardscape edges are subject to the following regulations:

a. Hardscape areas improved for pedestrian amenity or aesthetic appeal must be provided in at least 50% of the lot edge area. The area of any stoops or porches is not counted in determining the total lot edge area.

b. Hardscape edges greater than 10 feet in depth must be planted with at least one deciduous tree per 50 linear feet of street frontage, except where this condition is satisfied through preservation of existing on-site or adjacent street trees.

c. Hardscape edges must provide at least one bench or similar seating area per 50 linear feet.

d. Hardscape edges may not be covered, except by features allowed to encroach into required building setbacks (see Sec. 24.18.030-F).

6. Parking Edge

a. Lot edges that are immediately adjacent to an allowed parking lot are subject to following regulations:

b. Perimeter landscaping must be provided in accordance with Sec. 24.12.020.

c. At least one point of pedestrian access in the form of paths, walkways, ramps, or stairs must be provided to connect the public sidewalk to the parking lot.

Q. Edge Elements

Edge elements in the form of porches and stoops are required for detached house, two-unit houses, semi-

detached house, attached house, and commercial house building types. When required, such elements are

subject to compliance with the regulations of this subsection.

1. Porches

Required porches must be located along the front facade and comply with the following:

a. A porch must be at least 4 feet in depth, not including any steps leading to the porch.

b. A porch must have a width of at least 20% of the building facade from which it projects.

c. A porch must have a roof, but it may not be otherwise enclosed except by screens.

d. Porches required under these MID district provisions may extend into a required front setback if such extension is at least 2 feet from all lot lines.

e. A porch may not encroach onto the sidewalk or into the right-of-way.

2. Stoops

Required stoops must be located along the front facade and comply with the following:

a. A stoop may not exceed 6 feet in depth, not including any steps leading to the stoop.

b. A stoop may have a cover but may not be enclosed.

c. Stoops required under these MID district provisions may extend into a required front setback if such extension is at least 2 feet from all lot lines.

d. A stoop may not encroach onto the sidewalk or into the right-of-way.

R. Pedestrian Access

1. Buildings Abutting Lot Edges

All buildings that abut a lot edge (see Sec. 24.06.085-P) are subject to the following regulations:

a. All building types and individual ground-story commercial establishments must provide a pedestrian entrance along the lot edge that provides both ingress and egress, operable to residents or customers. This requirement expressly applies to individual dwelling units within an attached house building.

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b. Additional entrances off another street, an open space, or internal parking area are also permitted.

c. If a building abuts a lot edge along more than one public street, the required pedestrian entrance must face North Avenue.

d. All required entrances must provide safe and convenient pedestrian pathways from the adjacent public sidewalk. Pathways that exclusively serve individual residential units must have a minimum width of 3 feet. All other pathways must have a minimum width of 5 feet.

2. Buildings Not Abutting Lot Edges

All buildings that do not abut a lot edge are subject to the following regulations:

a. Buildings and individual ground-story commercial establishments must provide safe and convenient pedestrian pathway from their required pedestrian entrance to a public sidewalk. This requirement expressly applies to individual dwelling units with an attached house building.

b. Pathways that exclusively serve individual residential units must have a minimum width of 3 feet. All other pathways must have a minimum width of 5 feet.

c. The total combined length of the pedestrian pathway from the entrance to the sidewalk may not exceed 150% of the straight line distance from the entrance to the closest public sidewalk.

S. Building Design

1. Applicability

The building design regulations of this section apply to all allowed building types except detached houses and two-unit houses, unless otherwise expressly stated.

2. Purposes

The building design regulations of this section are intended to improve the physical and aesthetic quality of buildings, activate the pedestrian environment and maintain and protect the character of MID districts.

3. Exterior Wall Finish Materials

The following exterior wall finish materials must be used on at least 80% of all street-facing building facades, not including building foundations, non-glass window components, and doors:

a. Brick, including full-depth and half-depth masonry brick, but not simulated brick veneers; or

b. Stone, including unpainted natural stone, unpainted cast stone having the appearance of natural stone, and unpainted terracotta.

4. Vertical Delineation of Building Stories

The first one or 2 stories of every vertical mixed-use and commercial building must be delineated from the stories above through the use of cornice lines, horizontal shadow lines, fenestration and other forms of architectural detailing.

5. Building Articulation and Massing

In order to avoid large expanses of flat (one-dimensional) exterior walls along sidewalks, building facades over 50 feet in length along a street, including abutting attached house dwelling units, must incorporate wall projections or recesses a minimum of 12 inches in depth. The combined length of such recesses and projections must constitute at least 20% of the total façade length along the public street.

6. Rooflines

Building roof lines along street-facing facades must change at least once every 200 feet of facade length. This change must occur for a minimum length of 20 feet and be accomplished through at least one of the following:

a. A change of roof parapet wall height and material;

b. A change in roof cornice design;

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c. A change in the number of stories;

d. A change in roof shape.

7. Facade Length

Street-facing building facades may not exceed 300 feet in length along any single street.

T. Parking

1. Parking Location

a. Access to off-street parking spaces serving attached houses must come from alleys or shared driveways located in street side or rear yard. Access to off-street parking spaces serving all other building types must come from alleys or driveways.

b. Off-street parking may not be located between a public street and a principal building’s front facade. On lots with more than one street frontage, the front of the lot is deemed to be North Avenue.

c. Off-street parking spaces located within the ground-story of any building may not be located within 20 feet of a North Avenue-facing building facade that abuts a lot edge. This provision does not apply to the street-side facade of detached houses, two-unit houses, semi-detached houses or attached houses.

U. PUD Overlays

After [insert effective date of MID district regulations amendment], no new /PUD overlay districts may be

established on property classified in a MID district. Existing /PUD overlay district regulations that apply to

property classified in a MID district may be amended as long as such amendment does not expand the /PUD

overlay district boundary in existence on [insert effective date of MID district regulations amendment].

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U SE C AT E GO R Y D I S T R I C T S

Use Regulations

Use Subcategory (See Chapter 24.08 or Cntrl + click on term for

definition)

R1-

15

R1-

9

R1-

6

R-2

R-4

R-8

CO

C1

C2

M1

[5]

M2

SP

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N

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S

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B

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[1]

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MID

-RE

S

MID

-TR

N

MID

-MIX

- Specific Use Type (See Ch. 24.08 or Cntrl + click on term for

definition)

R E S I D E N T I A L Household Living

- Detached House P P P P P P – C – – – – – – – – – P C –

- Semi-detached House – – – P P P – C – – – – – – – – – P C – 24.09.020

- Two-unit House – – – P P P – C – – – – – – – – – P C –

- Attached House – – – – P P – C – – – – – – – – – P C – 24.09.020

- Multi-unit Building – – – – P P – P – – – – – – – – – P P – 24.09.070

- Mixed-use Building, Vertical – – – – – – – P P – – – – – – – – – P P

Group Living (except as indicated below) – – – – C C – P C – – – – – C C – C P C

- Adult Family Home P/C P/C P/C P/C P/C P/C – C – – – – – – C C – P/C C – 24.09.010

- Community Living Arrangement P/C P/C P/C P/C P/C P/C – C – – – – – – C C – P/C C – 24.09.040

- Foster Home/Treatment Foster Home P P P P P P – C – – – – – – C C – P C – 24.09.060

P U B L I C & C I V I C

College/University – – – – – – – – – – – – – – C P – – – –

Day Care

- Home-Based--Up to 8 children or adults P P P P P P P P P – – – C – C C – P P P

- More than 8 children or adults – – – – – C C C C – – – C – C C – – C C

Detention and Correctional Facilities – – – – – – – – – – – – – – – C – – – –

Fraternal, Labor, Membership Organization – – – – – – – P P P – – – – C – – – P P

Hospital – – – – – – – – – – – – – – C P – – – –

Library/Cultural Exhibit C C C C C P P P – – C C – C C – C P P

Park/Recreation/Open Space (except as indicated below) – – – – – – – – – – – C C C C C – – – –

- Community or Recreation Center – C C C C C – C P – – C C C C C – C C P

- General Recreation Park/Playground – C C C C C – – – – – C C C C C – C – –

- Golf Course (min. 5,000 yards) – C C C C C – – – – – C C C C C – C – –

- Swimming Pool – C C C C C – – – – – C C C C C – C – –

- Tennis Court C C C C C C – – – – – C C C C C – C – –

Religious Assembly C C C C C C – C C – – – – – C C – C C C

Safety Services C C C C C C C C C C C – – P C C – C C C

School – C C C C C – C – – – C C – C C – C C –

Utilities & Services

- Minor P P P P P P P P P P P C C P C C – P P P

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U SE C AT E GO R Y D I S T R I C T S

Use Regulations

Use Subcategory (See Chapter 24.08 or Cntrl + click on term for

definition)

R1-

15

R1-

9

R1-

6

R-2

R-4

R-8

CO

C1

C2

M1

[5]

M2

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B

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-IN

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-ME

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SP

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[1]

SP

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G

MID

-RE

S

MID

-TR

N

MID

-MIX

- Specific Use Type (See Ch. 24.08 or Cntrl + click on term for

definition)

- Major C C C C C C C C C C C C C C C C – C C C

C O M M E R C I A L

Animal Services

- Sales & Grooming – – – – – – – P P – – – – – – – – – P P

- Shelter or Boarding Kennel – – – – – – – – – C C – – – – – – – – –

- Veterinary – – – – – – P P P P P – – – – – – – P P

Artist Work or Sales Space – – – – – – – P P P P – – – – – – – P P

Building Maintenance Service – – – – – – – – P P P – – – – – – – – P

Business Equipment Sales & Service – – – – – – – P P P P – – – – – – – P P

Business Support Service – – – – – – – – P P P – – – – – – – – P

- Trade/Vocational/Technical School – – – – – – C – P C – – – – – – – – – P

Communication Service Establishments – – – – – – C C P P P – – – – – – – C P

Construction Sales & Service – – – – – – – – P P P – – – – – – – – P

Eating & Drinking Establishments [3]

- Restaurant – – – – – – C C C – – – C – – C – – C C

- Bar or Tavern – – – – – – C C C – – – – – – – – – C C

Entertainment & Spectator Sports (except as indicated below) – – – – – – – C C – – – – C – – – – C C

- Amphitheater – C C C C C C C – – – – C C – – – C C –

- Aquarium or Planetarium – C C C C C C C – – – – C C – – – C C –

- Auditorium – C C C C C C C – – – – C C – – – C C –

- Stadium and Athletic Fields (accessory to schools only in R districts)

– C C C C C C C – – – – C C – – – C C –

Financial Services (except as indicated below) – – – – – – P P P – – – – – – – – – P P

- Convenient Cash Business – – – – – – – – C – – – – – – – – – – 24.09.050

Food & Beverage Retail Sales

- Grocery Store – – – – – – – P P C – – – – – – – – P P

- Liquor/Wine/Beer Store – – – – – – – C C C – – – – – – – – C C

Funeral & Interment Services

- Cemetery/Columbarium/Mausoleum – – – – – – – – – – – – C – – – – – – –

- Cremating – – – – – – – – C P P – – – – – – – –

- Undertaking/Funeral Services – – – – – – – P P – – – – – – – – – P P

Lodging

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U SE C AT E GO R Y D I S T R I C T S

Use Regulations

Use Subcategory (See Chapter 24.08 or Cntrl + click on term for

definition)

R1-

15

R1-

9

R1-

6

R-2

R-4

R-8

CO

C1

C2

M1

[5]

M2

SP

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N

SP

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SP

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G

MID

-RE

S

MID

-TR

N

MID

-MIX

- Specific Use Type (See Ch. 24.08 or Cntrl + click on term for

definition)

- Bed & Breakfast – – C C C C – C – – – – – – – – – C C – 24.09.030

- Hotel/Motel – – – – – – – C C – – – – – – – – – C C

- Campground – – – – – – – – – – – – C – – – – – – –

Office, Administrative, Professional – – – – – – P P P C C – – P – P – – P P

Office or Clinic, Medical – – – – – – P P P – – – – – C P – – P P

Parking, Non-Accessory – – – – – – – C P P P – – P – C – – C P 24.06.080B

Personal Improvement Service – – – – – – P P P – – – – – – – C – P P

Repair or Laundry Service, Consumer – – – – – – C P P P P – – – – – – – P P

Research Service – – – – – – P P P P P – – – – P – – P P

Retail Sales (except as indicated below) – – – – – – – P P P P – – – – – – – P P

- Antiques, Resale Shops, Second-hand Merchandise – – – – – – – C C C C – – – – – – – C C

- Cigarette, Cigar or Tobacco Store – – – – – – – C C – – – – – – – – – C

- Cigarette & Tobacco Product Sales (ancillary) – – – – – – – C P P P – – – – – – – C P

- Large-Format Retail – – – – – – – – C – – – – – – – – – – 24.09.090

Sports & Recreation, Participant

- Indoor – – – – – – – C C C C – – – – C – – C C 24.09.030

- Outdoor – – – – – – – C C C C – – – – C – – C C

Vehicle Sales & Service

- Auto Wash/Cleaning Service – – – – – – – – C P P – – C – – – – – 7.46.120

- Auto Fueling Station – – – – – – – – C P P – – C – – – – – C

- Heavy Vehicles and Equipment, Sales/Rentals – – – – – – – – C P P – – – – – – – –

- Light Vehicles and Equipment, Sales/Rentals – – – – – – – – C P P – – – – – – – – 6.72

- Motor Vehicle Repair, Limited – – – – – – – – P P P – – C – – – – –

- Motor Vehicle Repair, General – – – – – – – – P P P – – C – – – – –

- Vehicle Storage & Towing – – – – – – – – C P P – – – – – – – –

I N D U S T R I A L

Manufacturing & Industrial Services, Artisan – – – – – – – P P P P – – P – – – – P P

Manufacturing & Industrial Services, Limited – – – – – – – – – P P – – P – – – – – –

Manufacturing & Industrial Services, General – – – – – – – – – C P – – – – – – – – –

Manufacturing & Industrial Services, Intensive – – – – – – – – – – C – – – – – – – – –

Recycling Service

- Limited – – – – – – – – P P P – – P – – – – – P

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U SE C AT E GO R Y D I S T R I C T S

Use Regulations

Use Subcategory (See Chapter 24.08 or Cntrl + click on term for

definition)

R1-

15

R1-

9

R1-

6

R-2

R-4

R-8

CO

C1

C2

M1

[5]

M2

SP

-CO

N

SP

-PO

S

SP

-PU

B

SP

-IN

S

SP

-ME

D

SP

-RP

[1]

SP

-PK

G

MID

-RE

S

MID

-TR

N

MID

-MIX

- Specific Use Type (See Ch. 24.08 or Cntrl + click on term for

definition)

- General – – – – – – – – – – P – – C – – – – – –

Residential Storage Warehouses – – – – – – – – – P P – – – – – – – – –

Warehousing, Wholesaling & Freight Movement

- Limited – – – – – – – – – P P – – P – – – – – –

- General – – – – – – – – – C C – – C – – – – – –

Waste-Related Use – – – – – – – – – – C – – C – – – – – –

A G R I C U L T U R A L

Apiary – – – – – – – – – – – C – – – – – – – –

Community Garden P P P P P P P P P P P C C P C C – P P P

Farmer’s Market C C C C C C C P P P P – C P C C – C P P

Nurseries & Greenhouses – – C – – – – – P P – C C C C C – – – P

M I S C E L L A N E O U S

Wireless Communication Facilities

- Co-located [2] [2] [2] [2] [2] [2] [2] P P P P – – P – – – [2] P P 24.09.110

- Freestanding [2] [2] [2] [2] [2] [2] [2] [2] [2] C C – – C – – – [2] [2] [2] 24.09.110

Drive-through or Drive-in Facilities – – – – – – C C[4] C C C – – – – – – – 24.11.100

Helipad – – – – – – – – – – – – – – – C – – – –

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Ordinance

ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF WAUWATOSA TO REZONE

PROPERTY GENERALLY ALONG NORTH AVENUE FROM WAUWATOSA AVENUE TO

MENOMONEE RIVER PARKWAY FROM C0 DISTRICT, C2 DISTRICT, R4 DISTRICT, AND R8

DISTRICT TO MIDTOWN RESIDENTIAL, MIDTOWN TRANSITIONAL, AND MIDTOWN

MIXED-USE (MID-RES, MID-TRN, AND MID-MIX)

The Common Council of the City of Wauwatosa do ordain as follows:

Part 1. The Official Zoning Map of the City of Wauwatosa is hereby amended to reflect a Zoning Map

Amendment from C0 District, C2 District, R4 District, and R8 District to Midtown Residential, Midtown

Transitional, and Midtown Mixed-Use (MID-RES, MID-TRN, and MID-MIX) on the following parcels:

Tax Key No Address From To

331086001 7734 W NORTH AVE R8 MID-RES

331086002 7904 W NORTH AVE R8 MID-RES

331086003 7910 W NORTH AVE R8 MID-RES

331086004 7916 W NORTH AVE R8 MID-RES

332017500 2307 N 80TH ST R8 MID-RES

332017600 8012 W NORTH AVE R8 MID-RES

332017700 8024 W NORTH AVE R8 MID-RES

332017800 2308 N 81ST ST R8 MID-RES

332019701 2303 N 81ST ST R8 MID-RES

332019702 2303 N 81ST ST R8 MID-RES

332019703 2303 N 81ST ST R8 MID-RES

332019704 2303 N 81ST ST R8 MID-RES

332019800 8124 W NORTH AVE R8 MID-RES

332019900 8130 W NORTH AVE R8 MID-RES

332020000 8140 W NORTH AVE R8 MID-RES

332043900 8334 W NORTH AVE R8 MID-TRN

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332044000 8328 W NORTH AVE R8 MID-TRN

332044100 8324 W NORTH AVE R8 MID-TRN

332044200 8318 W NORTH AVE R8 MID-TRN

332044300 2309 N 83RD ST R8 MID-TRN

332044400 8308 W NORTH AVE R8 MID-TRN

333015501 2315 N 85TH ST C2 MID-MIX

333015502 2315 N 85TH ST C2 MID-MIX

333015600 8500 W NORTH AVE C2 MID-MIX

333015700 8512 W NORTH AVE C2 MID-MIX

333015800 8524 W NORTH AVE C2 MID-MIX

333015900 8520 W NORTH AVE C2 MID-MIX

333018201 8402 W NORTH AVE R8 MID-TRN

333028100 8204 W NORTH AVE R8 MID-RES

333028200 8216 W NORTH AVE R8 MID-RES

333028300 8224 W NORTH AVE R8 MID-RES

333028400 2300 N 83RD ST R8 MID-RES

333043603 8706 W NORTH AVE C2 MID-MIX

333043802 8730 W NORTH AVE C2 MID-MIX

333044000 8736 W NORTH AVE C2 MID-MIX

333045700 8616 W NORTH AVE C2 MID-MIX

333050500 8806 W NORTH AVE C2 MID-MIX

333050600 8812 W NORTH AVE C2 MID-MIX

333050700 8828 W NORTH AVE C2 MID-MIX

333050800 8834 W NORTH AVE C2 MID-MIX

333053301 8920 W NORTH AVE C2 MID-MIX

333054900 2314 N 90TH ST C2 MID-MIX

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333055000 8932 W NORTH AVE C2 MID-MIX

333074300 9004 W NORTH AVE R8 MID-TRN

333074400 9010 W NORTH AVE R8 MID-TRN

333074500 9020 W NORTH AVE R8 MID-TRN

333074600 9030 W NORTH AVE R8 MID-TRN

333076400 2311 N 91ST ST C2 MID-TRN

333076500 9102 W NORTH AVE C2 MID-TRN

333076600 9110 W NORTH AVE C2 MID-TRN

333076700 9118 W NORTH AVE C2 MID-TRN

333076800 9122 W NORTH AVE C2 MID-TRN

334022100 2310 N 95TH ST R4 MID-RES

334022200 9420 W NORTH AVE R4 MID-RES

334022300 9400 W NORTH AVE R8 MID-RES

334022400 9324 W NORTH AVE R8 MID-RES

334022500 9314 W NORTH AVE R8 MID-RES

334022600 9304 W NORTH AVE R8 MID-RES

334022700 9236 W NORTH AVE R8 MID-RES

334022800 9200 W NORTH AVE CO MID-TRN

334024301 9538 W NORTH AVE R8 MID-RES

334024401 9530 W NORTH AVE R8 MID-RES

334024602 9516 W NORTH AVE R8 MID-RES

334024701 9502 W NORTH AVE R8 MID-RES

334025200 2308 MENOMONEE RIVER PKWY R8 MID-RES

341000100 2276 N 94TH ST R8 MID-RES

341000200 9327 W NORTH AVE R8 MID-RES

341000300 9321 W NORTH AVE R8 MID-RES

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341000400 9315 W NORTH AVE R8 MID-RES

341000500 9309 W NORTH AVE R8 MID-RES

341000600 9305 W NORTH AVE R8 MID-RES

341000700 9231 W NORTH AVE R8 MID-RES

341000800 9223 W NORTH AVE R8 MID-TRN

341000900 9215 W NORTH AVE R8 MID-TRN

341013101 2262 MENOMONEE RIVER PKWY R8 MID-RES

341013601 9407 W NORTH AVE R8 MID-RES

341013701 9415 W NORTH AVE R8 MID-RES

341013801 9425 W NORTH AVE R8 MID-RES

341999900 2281 SWAN BLVD CO MID-TRN

342000200 8707 W NORTH AVE C2 MID-MIX

342000300 8715 W NORTH AVE C2 MID-MIX

342000400 8721 W NORTH AVE C2 MID-MIX

342000500 8725 W NORTH AVE C2 MID-MIX

342000600 8735 W NORTH AVE C2 MID-MIX

342027700 2289 LUDINGTON AVE C2 MID-MIX

342027800 8807 W NORTH AVE C2 MID-MIX

342028700 8837 W NORTH AVE C2 MID-MIX

342028800 8937 W NORTH AVE C2 MID-MIX

342030000 9005 W NORTH AVE R8 MID-TRN

342030100 9015 W NORTH AVE R8 MID-TRN

342030200 9025 W NORTH AVE R8 MID-TRN

342030300 9035 W NORTH AVE R8 MID-TRN

342035301 9101 W NORTH AVE R8 MID-TRN

342035401 9109 W NORTH AVE R8 MID-TRN

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342035501 9115 W NORTH AVE R8 MID-TRN

342037700 2280 SWAN BLVD C2 MID-TRN

342037800 2282 SWAN BLVD C2 MID-TRN

342037900 2284 SWAN BLVD C2 MID-TRN

342038000 2286 SWAN BLVD C2 MID-TRN

342038100 2288 SWAN BLVD C2 MID-TRN

342038200 2290 SWAN BLVD C2 MID-TRN

342038300 2292 SWAN BLVD C2 MID-TRN

342038401 9125 W NORTH AVE C2 MID-TRN

342038402 9125 W NORTH AVE C2 MID-TRN

342038403 9125 W NORTH AVE C2 MID-TRN

343006301 8005 W NORTH AVE R8 MID-RES

343008602 8011 W NORTH AVE R8 MID-RES

343009600 8107 W NORTH AVE R8 MID-TRN

343009700 2281 N 81ST ST R8 MID-RES

343009800 8117 W NORTH AVE R8 MID-RES

343010001 8131 W NORTH AVE R8 MID-RES

343010100 8141 W NORTH AVE R8 MID-RES

343012300 8201 W NORTH AVE R8 MID-RES

343012400 8207 W NORTH AVE R8 MID-RES

343012500 8215 W NORTH AVE R8 MID-RES

343012600 8223 W NORTH AVE R8 MID-RES

343012700 2284 N 83RD ST R8 MID-RES

343018400 8303 W NORTH AVE R8 MID-TRN

343018600 8323 W NORTH AVE R8 MID-TRN

343019000 8401 W NORTH AVE R8 MID-TRN

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343019100 8407 W NORTH AVE R8 MID-TRN

343019400 8413 W NORTH AVE R8 MID-TRN

343019500 8421 W NORTH AVE R8 MID-TRN

343019800 8431 W NORTH AVE R8 MID-TRN

343019900 8505 W NORTH AVE R8 MID-TRN

343020300 8513 W NORTH AVE R8 MID-TRN

343020500 8529 W NORTH AVE R8 MID-TRN

343020900 8535 W NORTH AVE R8 MID-TRN

343021000 8603 W NORTH AVE R8 MID-TRN

343021200 8611 W NORTH AVE R8 MID-TRN

343021301 8617 W NORTH AVE R8 MID-TRN

343021701 8629 W NORTH AVE R8 MID-TRN

342000100 8651 W NORTH AVE C2 MID-MIX

343075300 8023 W NORTH AVE R8 MID-RES

343075400 8023 W NORTH AVE R8 MID-RES

343075500 8023 W NORTH AVE R8 MID-RES

343075600 8023 W NORTH AVE R8 MID-RES

Part II. The City Administrator is hereby directed to change the Official Zoning Map of the City of

Wauwatosa to conform to the provisions of the Ordinance, and said Map is declared amended

accordingly.

Part III. This ordinance shall take effect on and after its date of publication.

Passed and Dated

Introduced:

Referred to originating committee

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City Clerk

Approved

Mayor

Adopted:

Page:

Journal:

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Ordinance

ORDINANCE AMENDING CHAPTER 24.05.030, NORTH AVENUE OVERLAY, TO ADD

TOBACCO AND VAPE/E-CIGARETTES AND RELATED PRODUCTS TO THE LIST OF

PROHIBITED USES

The Common Council of the City of Wauwatosa do ordain as follows:

Part I. Subsection 6 and 7 of subsection 24.05.030 B. of the Wauwatosa Municipal Code are hereby

amended to read as follows:

6. Pawnbrokers;

7. Drive-through and drive-in facilities; and

Part II. A new subsection 8 is added to subsection 24.05.030 B. of the Wauwatosa Municipal Code to

read in its entirety as follows:

8. Retail sales of tobacco, electronic smoking devices and related products.

Part III. This ordinance shall take effect on and after its date of publication.

Passed and Dated

City Clerk

Approved

Mayor

Introduced:

Referred to originating committee

Adopted:

Page:

Journal:

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Ordinance

ORDINANCE AMENDING VARIOUS SECTIONS OF THE WAUWATOSA MUNICIPAL CODE BY

DELETION OF CERTAIN ORDINANCES WHICH NO LONGER ENFORCEABLE OR

APPLICABLE

The Common Council of the City of Wauwatosa do ordain as follows:

Part I. Section 2.02.030 of the Wauwatosa Municipal Code, Auditing of Accounts, is hereby

deleted in its entirety.

Part II. Section 2.08.100 of the Wauwatosa Municipal Code, Residency, is hereby deleted in its

entirety.

Part III. Chapter 2.22 of the Wauwatosa Municipal Code, Bonding for City Officers, is hereby

deleted in its entirety.

Part IV. Chapter 2.52 of the Wauwatosa Municipal Code, Personnel Regulations For Police And Fire

Departments, is hereby deleted in its entirety.

Part V. Chapter 2.57 of the Wauwatosa Municipal Code, Take home use by employees of city-

owned vehicles, is hereby deleted in its entirety.

Part VI. Section 2.58.110 of the Wauwatosa Municipal Code, Group Life Insurance, is hereby

deleted in its entirety.

Part VII. Section 2.58.125 of the Wauwatosa Municipal Code, Dental Insurance, is hereby deleted in

its entirety.

Part VIII. Section 2.58.320 of the Wauwatosa Municipal Code, Residence requirement, is hereby

deleted in its entirety.

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Part IX. Chapter 2.60 of the Wauwatosa Municipal Code, Firemen's Contractual Agreement, is

hereby deleted in its entirety.

Part X. Chapter 2.62 of the Wauwatosa Municipal Code, Employee Relations Director, is hereby

deleted in its entirety.

Part XI. Chapter 2.64 of the Wauwatosa Municipal Code, Unemployment Compensation, is hereby

deleted in its entirety.

Part XII. Chapter 2.68 of the Wauwatosa Municipal Code, Local 305 District Council 48 Contractual

Agreement, is hereby deleted in its entirety.

Part XIII. Chapter 2.70 of the Wauwatosa Municipal Code, Local 494 International Brotherhood of

Electrical Workers Contractual Agreement, is hereby deleted in its entirety.

Part XIV. Chapter 2.72 of the Wauwatosa Municipal Code, Wauwatosa Professional Policemen's

Nonsupervisory Bargaining Unit Agreement, is hereby deleted in its entirety.

Part XV. Chapter 2.86 of the Wauwatosa Municipal Code, Employee Suggestion Committee, is

hereby deleted in its entirety.

Part XVI. Section 3.04.060 of the Wauwatosa Municipal Code, Official Oath - Bonds, is hereby

deleted in its entirety.

Part XVII. Section 3.44.010 of the Wauwatosa Municipal Code, Presence of certain officers required, is

hereby deleted in its entirety.

Part XVIII. Title 5 of the Wauwatosa Municipal Code, Cable Television, is hereby deleted in its entirety.

Part XIX. Section 6.08.475 of the Wauwatosa Municipal Code, Grants for certain reserve class "B"

liquor licenses, is hereby deleted in its entirety.

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Part XX. Section 6.12.061 of the Wauwatosa Municipal Code, Temporary amusement arcade and

amusement device permit, is hereby deleted in its entirety.

Part XXI. Chapter 6.32 of the Wauwatosa Municipal Code, Dry cleaning establishments, is hereby

deleted in its entirety.

Part XXII. Chapter 7.28 of the Wauwatosa Municipal Code, Smoking Regulations, is hereby deleted in

its entirety.

Part XXIII. Subsection 7.32.040 B of the Wauwatosa Municipal Code is hereby deleted in its entirety.

Part XXIV. Section 8.08.130 of the Wauwatosa Municipal Code, Spitting in public places prohibited, is

hereby deleted in its entirety.

Part XXV. Chapter 8.64 of the Wauwatosa Municipal Code, Roominghouses, is hereby deleted in its

entirety.

Part XXVI. Section 11.20.080 of the Wauwatosa Municipal Code, Alighting from or boarding moving

streetcars or vehicles prohibited, is hereby deleted in its entirety.

Part XXVII. Subsection 11.24.100 B of the Wauwatosa Municipal Code is hereby deleted in its entirety.

Part XXVIII. Chapter 11.52 of the Wauwatosa Municipal Code, Emergency Traffic Regulations, is hereby

deleted in its entirety.

Part XXIX. This ordinance shall take effect on and after its date of publication.

Passed and Dated

City Clerk

Introduced:

Referred to originating committee

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Approved

Mayor

Adopted:

Page:

Journal:

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Ordinance

ORDINANCE CREATING CHAPTERS 11.50 AND 11.58 OF THE WAUWATOSA MUNICIPAL

CODE REGARDING ELECTRIC SCOOTERS AND DOCKLESS MOBILITY SYSTEMS

The Common Council of the City of Wauwatosa do ordain as follows:

Part I. Chapter 11.50 of the Wauwatosa Municipal Code of Ordinances is hereby created to read in its

entirety as follows:

Chapter 11.50 - ELECTRIC SCOOTERS AND DOCKLESS MOBILITY DEVICES

Section 11.50.010 Definitions

The following definitions apply to this Chapter and to Chapter 11.51 - Dockless Mobility

Systems:

A. “Bicycle lane”: means that portion of a roadway set aside by action of the common

council for the exclusive use of bicycles, electric scooters, and other vehicles

specified by the common council under the authority of s. 349.23, Wis. Stats.

B. “Bicycle rack”: means a stationary fixture affixed to the ground or other permanent

location, to which a bicycle can be securely attached for purposes of short term

parking and to which such bicycle may also be locked by the bicycle owner, if so

desired.

C. “Dockless Mobility Device”: means a motorized vehicle, including a bicycle, an

electric scooter, a skateboard, or any other micro-mobility vehicle which is exempt

from state registration under ch. 341, Wis. Stats.

D. “Electric scooter”: means a device weighing less than 100 pounds that has handlebars

and an electric motor, is powered solely by the electric motor and human power, and

has a maximum speed of not more than 20 miles per hour on a paved level surface

when powered solely by the electric motor.

E. “Multiuse path”: means a public way, not part of a highway, that is designated by

official signs or markings for use by persons riding mobility devices except as

otherwise specifically provided by law.

F. “Parking box”: means an area designated within the public right of way, typically

delineated with traffic grade stripping or paint, where Dockless Mobility Devices

may be parked when not in active use. Parking Boxes in the public right of way must

be approved by the Board of Public Works.

G. “Pedestrian path” means a paved walkway along the side of the street, specifically

designed for walking.

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H. “Public Park”: means a public playground, public recreation center or area, and other

public areas, created, established, designated, maintained, provided or set aside by

the City, for the purposes of public rest, play, recreation, enjoyment or assembly, and

all buildings, facilities and structures located thereon or therein.

I. “Public Playground”: means a place specifically designed to enable children to play.

Section 11.50.020 - Use of Electric Scooters and Dockless Mobility Devices

A. No person may operate an Electric Scooter or Dockless Mobility Device in the city upon

any public sidewalk, any pedestrian path, or upon any public school grounds or public

playgrounds.

B. This subsection shall not apply to such devices when operated on multiuse paths, on

school grounds or playgrounds when officially sanctioned functions are in progress,

bicycles operated by police officers in the necessary discharge of their official duties, or

to sidewalks or sidewalk areas designated by the common council and identified by signs

or other clear markings as a bicycle way.

C. When operating an Electric Scooter or Dockless Mobility Device every driver of such

device shall yield the right-of-way to any pedestrian and shall exercise due care and give

an audible signal when passing a bicycle driver or pedestrian proceeding in the same

direction.

D. No person may operate an Electric Scooter or Dockless Mobility Device in the city upon

roads with designated speed limits above 30 miles per hour, except that a person using a

Dockless Mobility Device may use crosswalks to cross streets with higher speed limits,

or may use marked bicycle lanes on such streets.

Section 11.50.030 - Parking of Electric Scooters or Dockless Mobility Devices

A. Electric Scooters or Dockless Mobility Devices shall only park in the following areas

when not in use: bicycle racks and parking boxes in public places, or other areas not

impeding use of the public right of way.

B. Electric Scooters or Dockless Mobility Devices may only park on or near sidewalks or

pedestrian paths when leaving sufficient space, not less than 5 feet in width, for

pedestrians and other users.

C. Electric Scooters or Dockless Mobility Devices may utilize on-street-bicycle parking

areas approved by the Board of Public Works

Section 11.50.030 - Impoundment of Electric Scooters and Dockless Mobility Devices

A. If the chief of police or Director of Public Work finds any Dockless Mobility Device

parked for more than 24 hours, the chief, Director, or other authorized agent of the city

may have the Dockless Mobility Device immediately removed to a suitable place of

impoundment. If the operator can be informed, a notice informing the operator of the

location of the Dockless Mobility Device and the procedure for reclaiming the Dockless

Mobility Device shall be sent to the operator within 24 hours after removal.

B. The fee for redemption of an impounded Dockless Mobility Device shall be $100 or as

otherwise set in the Consolidated Fee Schedule.

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C. Upon impoundment, a Dockless Mobility Device shall be held a minimum of 30 days

unless earlier redeemed by a System Operator, owner or owner’s representative upon

payment of the redemption fee provided. The commissioner of public works may dispose

of impounded Dockless Mobility Devices that are not redeemed within 30 days in any of

the following ways:

1. Public auction or sale.

2. Donation to a suitable nonprofit.

3. Scrapping a Dockless Mobility Device if it cannot be disposed of within

reasonable means.

D. The owner of any Dockless Mobility Device removed under this provision shall be

responsible for all costs of impounding and disposing of the Dockless Mobility Device.

Costs not recovered may be recovered with civil action by the city against the system

operator. The city assumes no responsibility for damage to Dockless Mobility Devices

impounded under this section.

Section 11.50.040 - Penalties

Any person violating the provisions of this section or Chapter 11.51 of this code shall, upon

conviction for such violation, be subject to a forfeiture of between $50 and $500 per day for each

Dockless Mobility Device operated or parked in violation of this section or the program. For each

second or subsequent conviction, the forfeiture shall be between $500 and $1,000.

Part II. Chapter 11.51 of the Wauwatosa Municipal Code of Ordinances is hereby created to read in its

entirety as follows:

Chapter 11.51 - DOCKLESS MOBILITY SYSTEMS

Section 11.51.010 Definitions

The following definitions apply to this Chapter and to Chapter 11.50 - Electric Scooters and

Dockless Mobility Devices:

A. “Dockless mobility system”: means a system of self-service mobility devices, made

available for shared use to individuals on a short-term basis by agents who place self-

service mobility devices in the city for use, which may be rented through a smart-phone

app, vendor website, vendor customer service number, or a pre-paid PIN and which do

not require structures at permanent, fixed locations where rides must begin and end.

B. A party “Operates” a Dockless Mobility System in the City if it is placing its self-service

Dockless Mobility Devices in the city for use or rental, through its employees or agents,

in order to make such devices available for rent. “System Operator”: means any person or

company who owns, leases, offers to rent, collects, distributes, repairs, services, charges,

or otherwise controls a dockless mobility system.

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Section 11.51.020 - Operation of Dockless Mobility Systems

A. No person may operate a Dockless Mobility System in the city without permission to

participate in a dockless mobility system program administered by the board of public

works. Participation in the program may only occur upon application and approval of the

board of public works.

B. If a company’s Devices are brought into the City by users or others, but the System

Operator actively redistributes the devices to another location outside the City within 24

hours, the company would not be deemed to be operating the system in the City.

C. Board of public works may revoke right to participation in program based upon repeated

or continuous violations of program policy.

Section 11.51.030 - Use of Devices in a Dockless Mobility System

A. All relevant rules and regulations applicable to bicycles or other devices, and specifically

those provisions contained within Chapter 11.50 of this Code related to Electric Scooters

and Dockless Mobility Devices, shall apply to those devices used as part of a Dockless

Mobility System.

B. If the chief of police or Director of public works, or authorized agent of the City, finds on

any alley, street, highway, or public place within the city, any Dockless Mobility Device

belonging to an operator who is in violation of this section or in violation of the program

requirements, including, but not limited to, improper parking of a Dockless Mobility

Device, the chief, Director, or other authorized agent of the city may have the Dockless

Mobility Device immediately removed to a suitable place of impoundment subject to the

provisions and procedures described in Section 11.50.030, above.

C. If the operator can be informed, a notice informing the operator of the location of the

Dockless Mobility Device and the procedure for reclaiming the Dockless Mobility

Device shall be sent to the operator within 24 hours after removal.

Part III. This ordinance shall take effect on and after its date of publication.

Passed and Dated

City Clerk

Approved

Mayor

Introduced:

Referred to originating committee

Adopted:

Page:

Journal:

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Ordinance

ORDINANCE AMENDING CHAPTERS 8.12 AND 8.13 OF THE WAUWATOSA MUNICIPAL

CODE PERTAINING TO ELECTRONIC SMOKING DEVICES

AN ORDINANCE RESTRICTING THE USE OF CIGARETTES AND ELECTRONIC

CIGARETTES AND REPEALING, RECREATING, AND RENUMBERING CHAPTERS 8.12

AND 8.13 OF THE CITY OF WAUWATOSA MUNICIPAL CODE

THE COMMON COUNCIL OF THE CITY OF WAUWATOSA DO ORDAIN AS FOLLOWS:

Part I. Chapter 8.12 of the Wauwatosa Municipal Code of Ordinances is hereby retitled as Regulation of

Smoking.

Part II. Section 8.12.010 of the Wauwatosa Municipal Code is hereby renumbered as Section 8.12.040,

and recreated to read as follows:

Section 8.12.040 Prohibition of Smoking.

The provisions of Section 101.123, Wisconsin Statutes, as amended by 2009 AB 720 and as

further amended by 2009 Wisconsin Act 276, are hereby adopted in their entirety.

Prohibition against smoking under this section shall include use of an electronic smoking device

as defined in this chapter.

Part III. Section 8.13.010 of the Wauwatosa Municipal Code of Ordinances is hereby renumbered as

Section 8.12.010, and recreated to read as follows:

Section 8.12.010 - Findings.

The common council of the city of Wauwatosa finds that:

A. Electronic nicotine delivery systems (ENDS) and electronic smoking devices provide an

alternative smoking experience to tobacco cigarettes. Electronic smoking devices are not

subject to regulation by the Federal Food and Drug Administration (FDA) and have not been

proven safe for either users or bystanders. The contents of cartridges vary widely and may

contain nicotine, traces of nicotine, carcinogens, formaldehyde, antifreeze and other toxic

substances which may pose health risks for users and bystanders. Electronic smoking

devices do not produce a gas or vapor but rather a dense visible aerosol of liquid submicron

droplets consisting of glycols, nicotine, and other chemicals, some of which are

carcinogenic. Packaging does not consistently include health warnings as required for

conventional cigarettes and does not provide notice of harmful effects, nicotine

concentration levels, or the existence or content levels of toxic substances.

B. Electronic smoking devices have been proven to emit nicotine, ultra-fine particles, volatile

organic compounds and other toxins. Inhalation of nicotine is proven to be dangerous to

everyone, especially children and pregnant women. Exposure to ultrafine particles are

distressing and harmful and may exacerbate respiratory illnesses, such as asthma and may

constrict arteries which could trigger a heart attack. The volatile organic compounds, such as

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formaldehyde and benzene, found in electronic smoking device aerosols, as well as

conventional cigarette smoke, are proven carcinogens. Inhalation of vaporized nicotine in

propylene glycol is not FDA approved. Short-term exposure to propylene glycol causes eye,

throat, and airway irritation and long-term inhalation can result in developing asthma. Some

studies show that heating propylene glycol changes its chemical composition, producing

small amounts of propylene oxide, a known carcinogen. There are metals in electronic

smoking device aerosol, including chromium, nickel and tin nanoparticles.

C. Youth in particular may be more vulnerable to the marketing and appeal of electronic

smoking devices and may migrate from these devices to conventional cigarettes and tobacco

products. Electronic smoking devices which contain nicotine can create or sustain a nicotine

addiction. Nicotine is an addictive and harmful substance. Electronic smoking devices can

pose health risks from which minors should be protected. Access to these substances and

devices by youth should be restricted.

Part IV. Section 8.13.020 of the Wauwatosa Municipal Code of Ordinances is hereby renumbered as

Section 8.12.020, and recreated to read as follows:

Section 8.12.020 - Purpose and authority.

The chapter is adapted for the purpose of protecting the public health, safety, comfort, and

general welfare of the people of the city of Wauwatosa. This chapter is adopted under the

authority of Section 101.123(4m), Wisconsin Statutes.

Part V. Section 8.13.030 of the Wauwatosa Municipal Code of Ordinances is hereby renumbered as

Section 8.12.030, and repealed and recreated in its entirety to read as follows:

Section 8.12.030 - Definitions.

Except as set forth below, the definitions of Section 101.123(1), Wisconsin Statutes, are hereby

adopted. In this section:

“Electronic Smoking Device” means any product containing or delivering nicotine or any other

substance intended for human consumption that can be used by a person in any manner for the

purpose of inhaling vapor or aerosol from the product. The term includes any such device,

whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah,

or vape pen, or under any other product name or descriptor.

"Smoking" means inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette,

pipe, hookah pipe, plant or other combustible substance in any manner or in any form and use of

electronic devices with electrical ignition or vaporization (e-cigarettes/cigars or similar devices).

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Part VI. Section 8.13.050 of the Wauwatosa Municipal Code of Ordinances is hereby renumbered as

Section 8.12.050, and recreated to read as follows:

Section 8.12.050 - Sale of electronic smoking devices to persons under the age of eighteen.

No person shall sell or offer for sale or provide for nominal or no consideration any electronic

smoking device to any person under eighteen years of age.

Part VII. Section 8.13.060 of the Wauwatosa Municipal Code of Ordinances is renumbered as Section

8.12.060, to read as follows:

Section 8.12.060 - Possession of electronic smoking device by persons under the age of eighteen.

No person under eighteen years of age shall possess or use any electronic smoking device.

Part VIII. Section 8.13.070 of the Wauwatosa Municipal Code of Ordinances is hereby renumbered as

Section 8.12.070, repealed, and recreated to read as follows:

Section 8.12.070 Exceptions.

Consistent with Section. 101.123, Wisconsin Statutes, the prohibition of smoking contained under

this chapter does not apply to the immediate outdoor vicinity of city owned buildings.

Part IX. Section 8.13.080 of the Wauwatosa Municipal Code of Ordinances is hereby renumbered as

Section 8.12.080, to read as follows:

Section 8.12.080 - Severability; interpretation.

Each section, paragraph, sentence, clause, word, and provision of this chapter is severable, and if

any such section or provision shall be held unconstitutional or invalid for any reason, such

decision(s) shall not affect the remainder of the chapter nor any part thereof other than that

affected by such decision.

Interpretation. Whenever the provisions of the Wisconsin Statutes and this chapter conflict, the

provisions of this chapter shall apply.

Part X. 8.13.090 of the Wauwatosa Municipal Code of Ordinances is hereby renumbered as section

8.12.090, to read as follows:

8.12.090 - Penalty.

A. Any person who violates provisions of this section shall forfeit not less than one hundred

dollars or more than two hundred fifty dollars for each violation.

B. Any person in charge who violates Section 101.123(2m), Wisconsin Statutes, shall forfeit

one hundred dollars for each violation.

C. In addition to the forfeiture, any person who violates the provisions of this section shall pay

the costs of prosecution except for the crime laboratories and drug enforcement surcharge

under Section 165.755(1) (a), Wisconsin Statutes.

Part XI. This ordinance shall take effect on and after the date of publication.

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Passed and Dated

City Clerk

Approved

Mayor

Introduced:

Referred to originating committee

Adopted:

Page:

Journal:

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To: Wauwatosa Community Affairs Committee

Date: July 30, 2019

RE: Revisions to City Ordinance Chapter 8.13 – Clarification of Smoking & Electronic Smoking DeviceDefinitions

From: Wauwatosa Board of HealthChristine Shaw, PhD, RN, ChairJohn Dunn, MDJennifer Cicero, MSW, LCSWLeslie Martin, MDLaura Conklin, MPH, Health Officer

A. Issue

On July 9, 2019 in the course of the Community Affairs Committee meeting, a question was posed

regarding the origin of the definitions of “smoking” and “electronic smoking device” as presented by

the Board of Health and Health Department.

To review, listed below are those definitions:

- “Smoking” means inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette,

pipe, hookah pipe, plant or other combustible substance in any manner or in any form and use

of electronic devices with electrical ignition or vaporization (e-cigarettes/cigars or similar

devices).

- “Electronic Smoking Device” means any product containing or delivering nicotine or any other

substance intended for human consumption that can be used by a person in any manner for the

purpose of inhaling vapor or aerosol from the product. The term includes any such device,

whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-hookah, or

vape pen, or under any other product name or descriptor.

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B. Background

From Where Did the Definitions Originate?

The definitions in Section A were drafted by the Tobacco Control Legal Consortium, which is located

within the Public Health Law Center at the Mitchell Hamline School of Law in Minnesota. They have

since been vetted and adopted as best practice by legal counsels across the country, including those

at the American Heart Association, American Lung Association and the American Cancer Association.

Why Should We Use These Definitions?

To avoid confusion about what constitutes an e-cigarette, definitions should explicitly state what

they cover yet be broad enough to anticipate future product innovations.i Definitions should

“eliminate ambiguity that might arise when new products are introduced to the market that are

functionally similar to existing products, but may not be included under a narrow definition.” ii

E-cigarettes and vape pens look much different than when they were first introduced, and are being

sold as ways to consume not only flavored cartridges and nicotine, but also marijuana and cannabis

products.

When e-cigarettes were first introduced they resembled cigarettes, but now they are

manufactured in many different forms. Definitions that cover products that contain tobacco-

derived nicotine can be limiting and make enforcement difficult. Many cartridges are

interchangeable, and e-cigarettes can be used to inhale not only tobacco-derived nicotine, but

also synthetic nicotine and other substances.iii

The definitions in Section A meet these requirements for covering current and future e-cigarette and

vaping devices.

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C. Strategic Plan (Area of Focus)

2017-2019 City of Wauwatosa Strategic Plan: Healthy Community Priority2018-2022 Wauwatosa Health Department Community Health Improvement Plan

D. Fiscal Impact

N/A

E. Recommendation

As these best practice definitions have been vetted and approved by the American Heart

Association, American Lung Association and American Cancer Association, the Board of Health

strongly recommends adopting these definitions of “smoking” and “electronic smoking device” into

the proposed amendment to City Ordinance Chapter 8.13. These definitions will allow Wauwatosa

to protect the public’s health now and in the future.

i Tobacco Control Legal Consortium (2017). Regulating electronic cigarettes and similar devices. Public Health Law Center. https://www.publichealthlawcenter.org/sites/default/files/resources/tclc-guide-reg-ecigarettes-2016.pdfii Tobacco Control Legal Consortium (2017). Regulating electronic cigarettes and similar devices. Public Health Law Center. https://www.publichealthlawcenter.org/sites/default/files/resources/tclc-guide-reg-ecigarettes-2016.pdfiii Tobacco Control Legal Consortium (2017). Regulating electronic cigarettes and similar devices. Public Health Law Center. https://www.publichealthlawcenter.org/sites/default/files/resources/tclc-guide-reg-ecigarettes-2016.pdf

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To: Wauwatosa Community Affairs Committee

Date: July 9, 2019

RE: Revisions to City Ordinance Chapter 8.13 Electronic Smoking Devices

From: Wauwatosa Board of HealthChristine Shaw, PhD, RN, ChairJohn Dunn, MDJennifer Cicero, MSW, LCSWLeslie Martin, MDLaura Conklin, MPH, Health Officer

A. Issue

On November 20, 2018, the Wauwatosa Board of Health voted unanimously to propose

amendments to Wauwatosa Ordinance Chapter 8.13 prohibiting the use of e-cigarettes and other

vaping products in all places where tobacco is currently prohibited, including restaurants, bars and

workplaces as defined in the Wisconsin Smoke Free Air Act. The proposed amendments also restrict

the sale and possession of e-cigarettes to those 18 years of age and older.

B. Background

“Smoking” means inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe,

hookah pipe, plant or other combustible substance in any manner or in any form and use of

electronic devices with electrical ignition or vaporization (e-cigarettes/cigars or similar devices).

“Electronic Smoking Device” means any product containing or delivering nicotine or any other

substance intended for human consumption that can be used by a person in any manner for the

purpose of inhaling vapor or aerosol from the product. The term includes any such device, whether

manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-hookah, or vape pen, or

under any other product name or descriptor.

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Public health focuses on the prevention of disease and contributing risk factors, and supporting

policies that make a safe and healthy environment for the entire community. One of the goals of the

City of Wauwatosa 2017-2019 Strategic Plan, “Healthy Community”, includes implementation of the

2018-2022 Community Health Improvement Plan (CHIP) initiative. The strategies found in the CHIP

focus on aspects of health behaviors and policies that support a culture of health and quality of life.

“Substance Use” is one of the four health priorities in the CHIP.

Smoking is the single most preventable cause of death, disease, and disability in the U.S. Smoking

kills some 480,000 people a year – more than AIDS, car accidents, illegal drugs and suicide combined

– and costs $170 billion in annual health care expenditures (Centers for Disease Control and

Prevention). Cigarette smoking of any kind is not without risk.

Electronic cigarettes (e-cigs) and other “vaping” devices (such as JUUL or Suorin) are battery

operated products designed to deliver nicotine, flavor and other chemicals. These electronic

nicotine delivery systems (ENDS) turn chemicals, including highly addictive nicotine, into an aerosol

that is inhaled by the user. Most e-cigs are manufactured to look like conventional cigarettes, cigars

or pipes. Some resemble everyday items such as pens and USB memory sticks, and are known as

tanks, vape pens, vaporizers, and e-pipes.

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Unknown, Unregulated Ingredients in E-Cigarettes

Health concerns have focused largely on nicotine content in e- cigarettes but the concern extends

beyond nicotine. The flavor cartridges may contain diacetyl, a chemical known to cause severe lung

damage when inhaled. Little research has been done on the respiratory effects of vaping toxins such

as diacetyl. ENDS devices are not strictly regulated and manufacturers are not required to list all

ingredients so currently the ingredients may simply be listed as “flavors” so users does not know

what they are ingesting. These “flavors” contain numerous chemicals, which can include diacetyl.

Researchers at Marquette University and reporters at the Milwaukee Journal Sentinel collaborated

to test popular e-cig juices. In 2018, the Journal Sentinel published “Gasping for Action: Lab tests

reveal popular e-cigarette liquids contain harmful chemicals.” There are currently no standards or

requirements that manufacturers test their e-liquids. The investigation found the method typically

used to analyze e-liquids for the industry is not sensitive enough to detect levels of the chemicals

that could be harmful.i As a result, e-liquid makers across the country claim their formulas are

diacetyl-free when sometimes they are not.ii

Does Vaping Assist in Tobacco Cessation Efforts?

Electronic cigarettes were originally intended to assist smokers of traditional tobacco cigarettes to

stop smoking by transitioning to a non-tobacco cigarette thought to be less harmful. However, e-

cigarettes grew in popularity among teens and other populations who were initially introduced to

smoking by e-cigarettes and vaping. According to a Cochrane review of published research, it is

unclear if e-cigs are an effective way to quit smoking.iii Despite manufacturer claims, no e-cigarette

has been approved by the FDA as a tobacco cessation device. A 2016 study published in PLOS ONE

found “no evidence that ENDS use, within the context of the 2015-2016 US regulatory and

tobacco/vaping market landscape, helped adult smokers quit at rates higher than smokers who did

not use these products.iv

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E-Cigarette Vapors and Secondhand Smoke

The Surgeon General warns e-cigarette emissions contain harmful chemicals, including nicotine and

volatile organic compounds.v Children are especially vulnerable because of their developing lungs.

Nicotine is always harmful to adolescent brain development.vi

A 2016 report from the World Health Organization (WHO) concluded that secondhand aerosols from

e-cigarettes are a new air contamination source for hazardous particulate matter.vii The levels of

some metals, such as nickel and chromium, in second-hand aerosols are not only higher than

background air, but also higher than second-hand smoke.

In addition, nicotine in second-hand aerosols has been found to be between 10-115 times higher

than in background air levels, acetaldehyde between two and eight times higher, and formaldehyde

about 20% higher.viii The report suggested that the increased concentration of toxicants from

second-hand aerosols over background levels poses an increased risk for the health of all

bystanders, especially those with pre-existing respiratory conditions.ix

Youth Vaping and Smoking

According to the Centers for Disease Control (CDC), American youth are now more likely to use e-

cigarettes than any other form of tobacco. Current use of JUUL among 15-17 year olds in 2018

(6.1%) is more than threefold higher than adult current use estimates in this study (2.0%).

Among youth – who use e-cigarettes at higher rates than adults do – there is substantial evidence

that e-cigarette use increases the risk of transitioning to smoking conventional cigarettes. A study in

the Journal of American Medical Associationx found youth who vaped e-cigs were nearly four times

more likely to smoke.

Nationally, use of electronic cigarettes increased among middle and high school students from 2011

to 2015. About 5 of every 100 middle school students (5.3%) reported in 2015 that they used

electronic cigarettes in the past 30 days – an increase from 0.6% in 2011. Sixteen of every 100 high

school students (16.0%) reported in 2015 that they used electronic cigarettes in the past 30 days –

an increase from 1.5% in 2011.

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In 2018, the US Surgeon General issued an advisory on e-cigarette use among youth. The advisory

emphasized the importance of protecting children from a lifetime of nicotine addiction and

associated health risks by immediately addressing the epidemic of youth e-cigarette use.xi

In early 2019, the Wisconsin Department of Health Services (DHS) issued a public health advisory

regarding the alarming statistics on current e-cigarette use among youth in Wisconsin. In Wisconsin,

current e-cigarette use among Wisconsin high school students increased 154% between 2014 and

2018.xii

JUUL, a flash drive look-a-like product popular with teens, comes in kid-friendly flavors like Mango,

Fruit, Crème, and Mint. There are also over 15,500 unique e-cigarette flavors available online.xiii In

Wisconsin, 89% of high school students say they would not try tobacco products that were not

flavored.xiv

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Local Use of E-Cigarettes in Wauwatosa

In the 2017 Youth Risk Behavior Survey, 6.3% of Wauwatosa teens reported using an electronic

cigarette or vaping product more than once in the last 30 days. Twenty percent of youth have

smoked a cigarette at least once in their life, according to the survey. The Youth Risk Behavior

Survey is anonymously completed by students. Because it is self-reported, the number of students

using e-cigarettes and other vaping products may be higher than what these numbers represent.

Wauwatosa School Board Policy 5512 prohibits students from “using or possessing tobacco and non-

tobacco products designed for smoking in any form including, but not limited to, cigarettes,

electronic cigarettes, cigars, snuff, flavored smokable vapors and products, and chewing tobacco on

District premises, in District vehicles, within any indoor facility owned or while leased or contracted

for by the District and used to provide education or library services to children, and at all District-

sponsored events.”xv

An email sent to Wauwatosa East High School parents and guardians in January, 2018 by Principal

Hughes expressed concerns about student vaping. In his email, Principal Hughes stated that

students have been found vaping on campus using a JUUL. This current trend, called “Juuling,” is

prevalent throughout high schools across the country. In response to this epidemic, the school

district held parent informational sessions at each high school this year about youth vaping.

Unintended Consequences: E-Cigarette Explosions

Another safety risk posed by e-cigarettes is the unpredictable and frequent explosions of the

devices. The lithium batteries that power e-cigarette devices are susceptible to explosions and fires,

especially while charging.xvi Recently, CNN published a news article about a 17-year-old, who was

reportedly vaping when, without warning, his e-cigarette exploded in his face. It resulted in a

bloody mouth, broken teeth, and a hole in his jaw.xvii

This is just one example of many in recent years of exploding e-cigarettes injuring users. In fact, a

study found that from 2015 to 2017, there were an estimated 2,035 e-cigarette explosion and burn

injuries presenting to US hospital emergency departments. xviii

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FDA’s Proposed Regulation of ENDS Products

There are over 450 brands of e-cigarettes currently on the market yet none have proven to be safe.

E-cigarettes are not regulated by any federal agency, meaning there are no consistent

manufacturing standards from brand to brand. The US Food and Drug Administration (FDA) has

proposed regulations which have not yet been enacted.

In 2016, the federal Food and Drug Administration (FDA) released it’s final “deeming rule,” which

extended the agency’s regulatory authority to all tobacco products, including electronic smoking

devices, cigars, pipe tobacco, and hookah tobacco.xix The deeming rule extended several provisions

of the federal Tobacco Control Act to these new tobacco products. For example, they are now

subject to federal prohibition on sales to minors, the federal prohibition on free sampling, federal

warning label requirements, and finally, the requirement that tobacco manufacturers register with

the FDA and seek the agency’s review of new tobacco products.

Three years later, the FDA has not yet begun to regulate these products, saying the government and

e-cigarette industry needs more time to prepare for regulation.

In May, 2019, a federal judge ordered the FDA to begin reviewing the health effects of e-cigarettes.

The American Academy of Pediatrics, Campaign for Tobacco-Free Kids and other groups filed the

federal lawsuit in Maryland in 2018, citing the lack of oversight by the FDA as leading to an explosion

in underage vaping by teenagers. The judge’s ruling said the FDA “abdicated its legal duty when it

postponed reviewing all U.S. vaping products by several years.”xx

National Legislative Activity on ENDS

San Francisco became the first major U.S. city to ban the sale of e-cigarettes with a unanimous vote

in June, 2019.xxi The bill will ban sales of e-cigarettes that have not been approved by federal

regulators. At this point, there are no federally approved e-cigarettes.

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Following the success of Clean Indoor Air and Smoke Free Air Laws across the country, the following

states have enacted laws restricting e-cigarette use in 100% smoke free venuesxxii:

- California: Restricted in Non-Hospitality Workplaces, Bars, Restaurants, Gambling facilities

- Connecticut: Restricted in Restaurants, Bars, Gambling Facilities

- Delaware: Restricted in Non-Hospitality Workplaces, Bars, Restaurants, Gambling facilities

- Hawaii: Restricted in Non-Hospitality Workplaces, Restaurants, Bars

- Maine: Restricted in Restaurants, Bars

- Massachusetts: Restricted in Non-Hospitality Workplaces, Bars, Restaurants, Gambling

facilities

- New Jersey: Restricted in Non-Hospitality Workplaces, Restaurants, Bars

- New York: Restricted in Non-Hospitality Workplaces, Bars, Restaurants, Gambling facilities

- North Dakota: Restricted in Non-Hospitality Workplaces, Bars, Restaurants, Gambling

facilities

- Oregon: Restricted in Non-Hospitality Workplaces, Bars, Restaurants, Gambling facilities

- Rhode Island: Restricted in Non-Hospitality Workplaces, Restaurants, Bars

- Utah: Restricted in Non-Hospitality Workplaces, Restaurants, Bars

- Vermont: Restricted in Non-Hospitality Workplaces, Bars, Restaurants, Gambling facilities.

Anti-vaping efforts have taken other strategies such as imposing special taxes. Vermont recently

joined nine other states to confront an epidemic surge in youth when it voted to impose an e-

cigarette tax of 92%, to take effect July 1, 2019. It also increased the legal age of purchasing from 18

to 21 years old. Illinois also raised the minimum tobacco-buying age from 18 to 21 as of July 1,

2019.

Wisconsin Law on E-Cigarettes

WI Statute sec. 134.66 states no retailer may sell cigarettes, nicotine products or tobacco products

to any person under the age of 18. WI Statute sec. 254.92 states no person under 18 years of age

may purchase, attempt to purchase, or possess any cigarette, nicotine product, or tobacco product.

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According to WI Statute sec. 134.66(f), the definition of “nicotine product” is a product that contains

nicotine and is not any of the following:

1) A tobacco product

2) A cigarette

3) A product that has been approved by the US Food and Drug Administration for sale as a

smoking cessation product.

Because e-cigarettes contain nicotine, they are covered by both state statutes 134.66 and 254.92.

Specifically, it is illegal for retailers to sell e-cigarettes with nicotine to anyone under the age of 18

years old. It is also illegal for anyone under the age of 18 to purchase or possess e-cigarettes with

nicotine.

Existing Bans in Milwaukee County Communities and Entertainment Venues

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Local cities who passed vaping ban ordinances include:o Greenfield (Passed Unanimously 10/2014)xxiii

o West Allis (Passed 6-4 on 7/2016)xxiv

o South Milwaukee (Passed 9/2017)xxv

o Milwaukee (Passed Unanimously 1/2018)xxvi

o Oak Creek (Passed Unanimously 10/2018)xxvii

o Franklin (Passed Unanimously 12/2018)xxviii

o Hales Corners (Pass Unanimously 6/2019)xxix

- Municipal City buildings and grounds only: Wauwatosa- Vaping and E-Cigarette Use is also Prohibited in these Milwaukee County Public Venues:

o Summerfest Park: American Family Amphitheater and BMO Harris Pavilion during all events

o Miller Park: Inside the parko Fiserv Forum: Entire 30 acre arena district (from McKinley to State Street between 6 th

Street and Old World Third Street). The no smoking policy at Fiserv Forum does include vaping/e-cigarettes.

C. Strategic Plan (Area of Focus)

2017-2019 City of Wauwatosa Strategic Plan: Healthy Community Priority2018-2022 Wauwatosa Health Department Community Health Improvement Plan

D. Fiscal Impact

As with all other City ordinances, enforcement of this ordinance may utilize city personnel and necessary resources.

Use of e-cigarettes or cigarettes has the potential for increased health care costs in the future.

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E. Recommendation

The Board of Health recommends expanding the current ordinance, Chapter 8.13, to prohibit the

use of e-cigarettes in all places where tobacco is currently prohibited, including restaurants, bars

and workplaces as defined in the Wisconsin Smoke Free Air Act. Further, the Board of Health also

recommends restricting the sale and possession of e-cigarettes to those 18 years of age and older in

Wauwatosa. The proposed ordinance is attached for committee and council approval.

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i Journal-Sentinel (2018). Gasping for air: Lab tests reveal popular e-cigarette liquids contain harmful chemicals. https://www.jsonline.com/story/news/investigations/2018/11/14/lab-tests-reveal-popular-e-cigarette-liquids-contain-harmful-chemicals/2006540002/ii Journal-Sentinel (2018). Gasping for air: Lab tests reveal popular e-cigarette liquids contain harmful chemicals. https://www.jsonline.com/story/news/investigations/2018/11/14/lab-tests-reveal-popular-e-cigarette-liquids-contain-harmful-chemicals/2006540002/iii Hartmann-Boyce, J., McRobbie, H., Bullen, C., Begh, R., Stead, L, & Hajek, P. (2016). Electronic cigarettes for smoking cessation. Cochrane Library: Cochrane Database of Systematic Reviews. https://doi.org/10.1002/14651858.CD010216.pub3iv Weaver SR, Huang J, Pechacek TF, Heath JW, Ashley DL, Eriksen MP (2018) Are electronic nicotine delivery systems helping cigarette smokers quit? Evidence from a prospective cohort study of U.S. adult smokers, 2015–2016. PLoS ONE 13(7): e0198047. https://doi.org/10.1371/journal.pone.0198047v US Surgeon General (2018). Surgeon general’s advisory on e-cigarette use among youth. https://e-cigarettes.surgeongeneral.gov/documents/surgeon-generals-advisory-on-e-cigarette-use-among-youth-2018.pdfvi American Lung Association (2018). Don’t be fooled, e-cig aerosol is not harmless for kids. https://www.lung.org/about-us/blog/2017/06/dont-be-fooled-ecig-aerosol-not-harmless.htmlvii World Health Organization (2016). Electronic nicotine delivery systems and electronic non-nicotine delivery systems (ENDS/ENNDS). https://www.who.int/fctc/cop/cop7/FCTC_COP_7_11_EN.pdfviii World Health Organization (2016). Electronic nicotine delivery systems and electronic non-nicotine delivery systems (ENDS/ENNDS). https://www.who.int/fctc/cop/cop7/FCTC_COP_7_11_EN.pdfix World Health Organization (2016). Electronic nicotine delivery systems and electronic non-nicotine delivery systems (ENDS/ENNDS). https://www.who.int/fctc/cop/cop7/FCTC_COP_7_11_EN.pdfx Leventhal, A. M., Strong, D. R., & Kirkpatrick, M. G. (2015). Association of electronic cigarette use with initiation of combustible tobacco product smoking in early adolescence. Journal of American Medical Association: 314(7):700-707. https://doi:10.1001/jama.2015.8950 xi US Surgeon General (2018). Surgeon general’s advisory on e-cigarette use among youth. https://e-cigarettes.surgeongeneral.gov/documents/surgeon-generals-advisory-on-e-cigarette-use-among-youth-2018.pdfxii Wisconsin Department of Health Services (2019). Tobacco prevention and control program: e-cigarette public health advisory. https://www.dhs.wisconsin.gov/tobacco/advisory.htm#overlay-context=tobacco/index.htmxiii Wisconsin Department of Health Services (2019). Tobacco prevention and control program: e-cigarette public health advisory. https://www.dhs.wisconsin.gov/tobacco/advisory.htm#overlay-context=tobacco/index.htmxiv Wisconsin Department of Health Services (2019). Tobacco prevention and control program: e-cigarette public health advisory. https://www.dhs.wisconsin.gov/tobacco/advisory.htm#overlay-context=tobacco/index.htmxv Wauwatosa School Board Policy 5512. Adopted July 13, 2009; Revised August 25, 2014. https://go.boarddocs.com/wi/wauw/Board.nsf/Public?open&id=policies#xvi Chun, L. F., Moazed, F., Calfee, C. S., Matthay, M. A., & Gotts, J. E. (2017). Pulmonary toxicity of e-cigarettes. American Journal of Physiology: Lung Cellular & Molecular Physiology, 313(2), L193–L206. https://doi:10.1152/ajplung.00071.2017xvii CNN (2019). This teen’s vape exploded, shattering his jaw. https://www.cnn.com/2019/06/19/health/e-cigarette-vape-explode-teen-study/index.htmlxviii Rossheim, M.E., Livingston, M.D., Soule, E.K., Zeraye, H.A., & Thombs, D.L. (2019). Electronic cigarette explosion and burn injuries, US Emergency Departments 2015-2017. Tobacco Control, 28: 472-474. http://dx.doi.org/10.1136/tobaccocontrol-2018-054518xix Food and Drug Administration (2016). Deeming rule on ends products. https://www.fda.gov/tobacco-products/rules-regulations-and-guidance/fdas-deeming-regulations-e-cigarettes-cigars-and-all-other-tobacco-productsxx Fox 6 News (2019). Federal judge orders FDA to begin regulating e-cigarettes. https://www.jsonline.com/story/news/local/milwaukee/2018/06/21/milwaukee-bans-e-cigarettes-public-spaces-promote-public-health/719883002/xxi New York Times (2019). San Francisco bans sale of juul and other e-cigarettes. https://www.nytimes.com/2019/06/25/us/juul-ban.html

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xxii ANRF (2019). States and municipalities with laws regulating use of electronic cigarettes. https://no-smoke.org/electronic-smoking-devices-secondhand-aerosol/xxiii Fox 6 News (2014). There’s definitely a health benefit here: Greenfield common council unanimously approves e-cig ban. https://fox6now.com/2014/10/09/greenfield-common-council-unanimously-approves-e-cigarette-ordinance/xxiv Journal-Sentinel (2016). West allis bans e-cigarette smoking where tobacco smoking is banned. https://www.jsonline.com/story/news/local/west-allis/2016/07/12/west-allis-bans-ecigarette-smoking-where-tobacco-smoking-is-banned/87291232/xxv City of South Milwaukee Municipal Code (2017). Chapter 24 Sec. 24.01 € and Sec. 24.24 created governing the possession and sale of tobacco and related paraphernalia. https://ecode360.com/31967301xxvi Journal-Sentinel (2018). Milwaukee bans e-cigarettes in public places. https://www.jsonline.com/story/news/local/milwaukee/2018/06/21/milwaukee-bans-e-cigarettes-public-spaces-promote-public-health/719883002/xxvii Journal-Sentinel (2018). Oak creek revamps the city’s smoking regulations to include electronic cigarettes. https://www.jsonline.com/story/communities/south/news/oak-creek/2018/09/07/oak-creek-now-regulating-e-cigarettes-same-traditional-ones/1205173002/xxviii Journal-Sentinel (2018). Franklin now regulating the use of electronic cigarettes and similar products. https://www.jsonline.com/story/communities/south/news/franklin/2018/12/19/franklin-regulating-use-electronic-cigarettes-and-similar-products/2360270002/xxix Village of Hales Corners Municipal Code (2019). Ordinance 19-04 amending village municipal code section 15.12 -regulation of electronic smoking devices. https://www.halescorners.org/index.asp?SEC=DAB97A9F-77E2-43BA-A29F-CA2A1E771687&DE=16150DDE-947D-4520-9C2E-47916034CA21

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July 26, 2019 Dear Wauwatosa Community Affairs Committee, I’m in strong support of your Wauwatosa Vaping Ordinance that would add e-cigarettes to the smoke free air law. As a community Pediatrician caring for adolescents and school aged children, I have personally experienced adverse heath affects in my patients. As you know, Vaping in popular among middle and high school students , and it is common for students to be exposed to Vaping even in their own schools, as Vaping in bathrooms and classrooms have become more common. My patients who are Vaping regularly are presenting during their “Well Check-Up’s” with elevated heart rates and blood pressures. They have chronic cough, exercise intolerance, asthma exacerbations, trouble sleeping, trouble with memory, headaches, dizziness and anxiety. Some already are struggling from nicotine dependency, which is not surprising as the amount of nicotine in one JUUL cartridge (JUUL holding close to 75% of the E-cigarette market ) is equivalent to a whole pack of cigarettes. Even more alarming, is the recent report of 8 adolescents admitted to Children’s Hospital of Wisconsin, with seriously damaged lungs thought to be due to vaping. These adolescents presented with respiratory symptoms including cough, shortness of breath, and fatigue. Symptoms worsened over a period of days or weeks before admission to the hospital. Other symptoms reported by some patients included fever, anorexia, pleuritic chest pain, nausea, and diarrhea. Some patients had progressive respiratory compromise requiring endotracheal intubation. Children’s is partnering with the Wisconsin Department of Health Services to investigate the possible cause of severe lung disease in these adolescents. Currently they suspect Vaping is the cause as all patients reported vaping in the weeks and months prior to hospital admission and complete evaluation for other etiologies has been negative. There are so much we still don’t know, but as we gather evidence and share our patient stories accross the country, it is clear Vaping has serious adverse affects that will greatly impact our children as they become young adults.

Westbrook Pediatrics, MS 8140 13950 W Capitol Dr, Brookfield, WI, 53005 P: (262) 781-3065 • F: (262) 781-3835 chw.org

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What we do know :

1. In 2016, the Surgeon General concluded that secondhand emissions from Vape aerosols contain dangerous cancer causing chemicals, diacetyl (a flavoring chemical linked to serious lung disease) volatile organic solvents (such as benzene, which is found in car exhaust), heavy metals, acetaldehyde, acrolein (a herbicide primarily used to kill weeds) and formaldehyde. These aldehydes can cause chronic lung disease, as well as cardiovascular disease.

2. The two primary ingredients found in e-cigarettes vape juices – propylene glycol and vegetable glycerin – are toxic to lung cells

3. The Nicotine in Vape juices is in much higher amounts than in traditional cigarettes and young adolescents are becoming addicted quickly . The long term serious side events of nicotine are well known.

4. Many Vape devices contain synthetic THC ( marijuana ) that is causing toxic side effects including seizures.

5. There is no regulation of Vape juices and their contents. Everyone is taking risks when they use Vape devices.

Electronic -cigarette use needs be prohibited anywhere in public that smoking is presently prohibited. It not only would reduce exposure to the toxic aerosol produced and then inhaled by innocent bystanders but also would help to reinforce to young people that electronic cigarette are dangerous and have serious adverse health effects. Sincerely Dr Barbara Calkins Westbrook Pediatrics Children’s Medical Group Children’s Hospital of Wisconsin

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July 30, 2019

Mayor Kathleen Ehley

City of Wauwatosa

7725 W. North Ave.

Wauwatosa, WI 53213

Dear Mayor Ehley,

We are writing today both as local board members of the American Heart Association and

concerned citizens who live and work in Wauwatosa.

The American Heart Association recently recommitted to our vision of achieving the

For many years

that would reduce the burden that tobacco places on our collective health. It was just

over nine years ago that those efforts took a major step forward in Wisconsin with the

passage of the Clean Indoor Air laws. That and other efforts have seen success with 2018

data showing the lowest adult smoking rate ever in Wisconsin.

Unfortunately, many of those gains, especially among youth and young adults, are

being threatened by the rise of e-cigarettes and related products. The rapid expansion of

products and flavors, aggressive marketing by manufacturers, and misinformation about

oth students and parents have all contributed to the state

health department data showing 1 in 5 high schoolers are using e-cigarettes. This explosion

has led everyone from the US Surgeon General to administrators in Wauwatosa schools

to sound the alarm on e-cigarette use, especially among youth.

In that vein, we applaud the City of Wauwatosa for considering joining so many other local,

state, and national municipalities in acting to combat this trend. The inclusion of e-

cigarettes in indoor air ordinances can have a marked impact on usage and exposure to

dangerous exposure to secondhand e-cigarette vapors. We look forward to seeing that

goal become a reality in Wauwatosa.

Unfortunately, we have some serious concerns about another section of the ordinance

being considered. While we support efforts to limit tobacco use by those 18 and younger,

the current language on penalties for youth who purchase, use, or possess (PUP) e-

cigarettes, although well-intentioned, is of dubious benefit, and can cause some

unintended and harmful consequences.

Evidence suggests that to stem youth- PUP, financial penalties and enforcements are best

directed at the retailer level, addressing those who are profiting from the sale rather than

those who have become addicted to a product. Focusing on youth financial penalties may

undermine other conventional avenues of youth discipline, can divert attention from

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more effective tobacco control strategies, and relieves the tobacco industry of responsibility

for its manipulative marketing practices.

Cumulatively these considerations are important because nicotine addiction has a strong

correlation with increased Adverse Childhood Experiences (ACEs). A young person who is

addicted to e-cigarettes and brings home a $100 fine may exacerbate already unhealthy

family dynamics. Indeed, youth fines of any amount can have a disproportionately

negative impact on our most at-risk youth from lower-income homes.

Accordingly, we would ask the Common Council to table this portion of the ordinance in

the short term so that it can be better aligned with the data and research that is rapidly

being generated across the country. We believe this will lead to the best outcomes for

everyone in the city.

Again, we appreciate the efforts of the City Health Department and others to help address

the problem of e-cigarettes. We also recognize the challenges that come from doing so

in the face of competing viewpoints and a constantly changing environment. In the end,

we seek an equitable impact across communities to ensure that, the ultimate goals of

these efforts longer, healthier lives for all are fulfilled.

Please let us know if we can be of assistance to the city in this effort.

With Heart,

Dr. Anoop Singh Holly Nannis, RN

American Heart Association Board President Public Health Nurse

Cardiologist, American Heart Association Board,

& Wauwatosa Resident

cc: City of Wauwatosa Common Council, City Clerk, and Health Officer

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563 Carter Court, Suite B

Kimberly, WI 54136

920-882-3650 www.wpha.org

[email protected] July 30, 2019

Honorable Wauwatosa Common Council Members,

On behalf of the Wisconsin Public Health Association (WPHA), thank you for your thoughtful consideration of the request by the Wauwatosa Board of Health and Health Department to amend City Ordinance Chapter 8.13, Electronic Smoking Devices, to prohibit e-cigarettes and vaping in all places where tobacco is currently prohibited under Wisconsin’s Smoke-free Air Law.

Smoking is still the single most preventable cause of death, disease and disability in the US. It is linked to over 480,000 deaths each year. More than 16 million Americans are living with smoking-related diseases such as cancer, diabetes, heart disease and stroke.

Both the US Surgeon General and the Wisconsin State Health Officer have issued advisories on e-cigarette use among youth. The advisories emphasized the importance of protecting children from a lifetime of nicotine addiction and the associated health risks. At least 6.3% of Wauwatosa teens reported using an electronic cigarette or vaping product more than once in the last 30 days (2017 Youth Risk Behavior Survey).

E-cigarettes are still unregulated in the US, so we don’t always know what chemicals and heavy metals a user inhales and exhales from the devices and liquids. We do know that the health risks of e-cigarettes are not borne only by the user, however. Secondhand aerosol can contain nicotine, ultrafine particles, heavy metals, and cancer causing chemicals. Communities, like Wauwatosa, have come to expect clean indoor air. E-cigarette use threatens this standard.

The time to act is now.

WPHA is the largest statewide association of public health professionals in Wisconsin, with over 600 members. Established in 1948, WPHA exists to improve, promote and protect health in Wisconsin. WPHA strives to be diverse in its constituency, rich in partnerships, and valued for its policy recommendations and best practices. WPHA is the collective voice for public health in Wisconsin. Thank you for your consideration of prioritizing the health and safety of all residents and visitors to Wauwatosa in adopting the revisions presented by the Board of Health and Health Department to Wauwatosa City Ordinance 8.13 Electronic Smoking Devices. Sincerely,

Lieske Giese WPHA President

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CITY OF WAUWATOSA

Resolution

By: Financial Affairs Committee

WHEREAS reconstruction of the Police Department parking lot is included in this year’s Capital

Improvements program; and

WHEREAS, prior to reconstruction of the parking lot, there may be significant environmental challenges

due to the adjacent location of the former Wauwatosa landfill; and

WHEREAS the Sigma Group’s fees are estimated at $76,000 and an additional $24,000 allowance is

requested due to the unknown nature of the soils below and adjacent to the parking lot; and

WHEREAS due to staff’s current workload and the potential environmental challenges, staff let a request

for proposal for consultant design of the parking lot;

NOW THEREFORE BE IT RESOLVED, by the Common Council of the City of Wauwatosa THAT the

proper City officials are hereby authorized to enter into professional services agreements with The Sigma

Group in an amount up to $100,000 for design services related to reconstruction of the Police Department

parking lot in 2020.

Passed and Dated

Clerk

Approved

Mayor

Adopted:

Page:

Journal:

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CITY OF WAUWATOSA

Resolution

By: Financial Affairs Committee

WHEREAS, a Wauwatosa Police Squad was involved in single-vehicle accident and the automobile was

damaged beyond repair;

WHEREAS, the City received insurance payment for the replacement value of the vehicle;

WHEREAS, the Police Department and the Fleet Division request a replacement vehicle; and

BE IT RESOLVED, by the Common Council of the City of Wauwatosa THAT approval is hereby given

for a Level III fund transfer in the amount of $39,731 into the Equipment Replacement Fund to purchase

a replacement vehicle for the Police Department.

Passed and Dated

Clerk

Approved

Mayor

Adopted:

Page:

Journal:

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CITY OF WAUWATOSA

Resolution

By: Government Affairs Committee

WHEREAS, Eric Wagner, of Café Hollander Tosa Village, 7677 W. State Street, Wauwatosa, WI, has

requested a temporary extension of its “Class B” liquor license to include State Street between

Underwood Avenue and parking lot next to book store on Saturday, September 21, 2019;

NOW, THEREFORE, BE IT RESOLVED THAT the licensed premises of Café Hollander Tosa Village,

7677 W. State Street, Wauwatosa, WI, be extended to include State Street between Underwood Avenue

and parking lot next to book store for the Village Harvest Fest on Saturday, September 21, 2019, between

the hours of 5:00 PM to 11:00 PM.

Passed and Dated

Clerk

Approved

Mayor

Adopted:

Page:

Journal:

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CITY OF WAUWATOSA

Resolution

By: Government Affairs Committee

WHEREAS, Andrew Schneider, of LeReve Patisserie & Cafe, 7610 Harwood Avenue, Wauwatosa, WI,

has requested an extension of its Class B liquor license to include the contiguous neighboring property at

1409 Wauwatosa Avenue, NOW, THEREFORE, BE IT RESOLVED THAT the licensed premises of LeReve Patisserie & Cafe,

7610 Harwood Avenue, be permanently extended to include the outside areas of the parcel behind its

current premises at 7610 Harwood Avenue and the contiguous neighboring property at 1409 Wauwatosa

Avenue.

Passed and Dated

Clerk

Approved

Mayor

Adopted:

Page:

Journal:

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CITY OF WAUWATOSA

Resolution

By: Government Affairs Committee

BE IT RESOLVED, by the Common Council of the City of Wauwatosa THAT the proper City officials

be and the same are hereby authorized to enter into an Agreement with Milwaukee Regional Medical

Center for enhanced police services on the Milwaukee Regional Medical Center Campus with terms

substantially similar to those presented to committee on July 30, 2019.

Passed and Dated

Clerk

Approved

Mayor

Adopted:

Page:

Journal:

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CITY OF WAUWATOSA

Resolution

By: Government Affairs Committee

BE IT RESOLVED, by the Common Council of the City of Wauwatosa THAT a contract Agreement

with the Wauwatosa Peace Officers Association for the contract years 2019-2021, consistent with the

terms of the tentative agreement presented to the Committee on Government Affairs at its meeting dated

July 30, 2019, be and the same is hereby ratified and approved.

Passed and Dated

Clerk

Approved

Mayor

Adopted:

Page:

Journal:

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Ordinance

ORDINANCE AMENDING SUBSECTION 6.08.390 B. OF THE WAUWATOSA MUNICIPAL CODE

TO ALLOW SALES OF INTOXICATING LIQUOR BY "CLASS B" LICENSEES FOR OFF

PREMISES CONSUMPTION IN UNLIMITED QUANTITIES AND DELETING SUBSECTION

6.08.360 D. REGARDING CLOSING HOURS

The Common Council of the City of Wauwatosa do ordain as follows:

Part I. Subsection 6.08.390 B. of the Wauwatosa Municipal Code of Ordinances is hereby amended to

read in its entirety as follows:

B. Retail “Class B" License. A retail “Class B" license, when issued by the city

clerk under authority of the common council, shall permit its holder to sell, deal and

traffic in wine or intoxicating liquors to be consumed by the glass only on the premises so

licensed, and in the original package or container, in unlimited quantities, to be consumed

off the premises where sold. The fee for such retail “Class B" license shall be as shown in

the fee schedule and shall be prorated based on the number of months remaining in the

licensing period.

Part II. Subsection 6.08.360 D. of the Wauwatosa Municipal Code of Ordinances is hereby deleted.

Part III. All references to “class ‘A’” licenses in Subsection 6.08.390 A. of the Wauwatosa Municipal

Code of Ordinances are hereby amended to read as “Class A”

Part IV. All references to “class ‘C’” licenses in Subsection 6.08.390 C. of the Wauwatosa Municipal

Code of Ordinances are hereby amended to read as “Class C”

Part V. This ordinance shall take effect on and after its date of publication.

Passed and Dated

Introduced:

Referred to originating committee

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City Clerk

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Mayor

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Ordinance

ORDINANCE AMENDING SECTION 11.32.080 OF THE WAUWATOSA MUNICIPAL CODE TO

ADJUST PARKING ZONES ON WEST WISCONSIN AVENUE FROM PLEASANT VIEW TO

HONEY CREEK PARKWAY

The Common Council of the City of Wauwatosa do ordain as follows:

Part I. The "Parking prohibited in designated places:" subsection of the Section 11.32.080 of the

Wauwatosa Municipal Code is hereby amended by adding the following:

“(jjj) Between seven a.m. and nine a.m., except on Saturdays, Sundays and legal holidays.”

Part II. The "Wisconsin Avenue - north side" portion of the "Schedule of Streets, and portions"

subsection of Wauwatosa Code Section 11.32.080 is hereby amended by adding the following:

"(a) from the eastern property line extended of 8228 W. Wisconsin Avenue to 135 feet east of

Glenview Avenue "

Part III. The "Wisconsin Avenue - north side" portion of the "Schedule of Streets, and portions"

subsection of Wauwatosa Code Section 11.32.080 is hereby amended by adding the following:

"(jjj) from 135 feet east of Glenview Avenue to 415 east of Glenview Avenue"

Part IV. The "Wisconsin Avenue - south side" portion of the "Schedule of Streets, and portions"

subsection of Wauwatosa Code Section 11.32.080 is hereby amended by adding the following:

"(a) from Glenview Avenue to 180 feet west of Glenview Avenue "

Part V. The "Wisconsin Avenue - south side" portion of the "Schedule of Streets, and portions"

subsection of Wauwatosa Code Section 11.32.080 is hereby amended by adding the following:

"(a) from Pleasant View Street to 90 feet east of Pleasant View Street "

Part V. This ordinance shall take effect on and after its date of publication.

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Passed and Dated

City Clerk

Approved

Mayor

Introduced:

Referred to originating committee

Adopted:

Page:

Journal:

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CITY OF WAUWATOSA

Resolution

By: Transportation Affairs Committee

BE IT RESOLVED, by Common Council of the City of Wauwatosa THAT permission be and hereby is

granted to the Finance Director for a Level III transfer in the amount of $32,000 from the proceeds of Tax

Increment District 5 to provide operational funding for Bublr bike share.

Passed and Dated

Clerk

Approved

Mayor

Adopted:

Page:

Journal:

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CITY OF WAUWATOSA

Resolution

By: Transportation Affairs Committee

BE IT RESOLVED, by Common Council of the City of Wauwatosa THAT the proper City officials be

and hereby are authorized to adopt the minimum standards for crossing guard placement as presented to

the Transportation Affairs Committee at its meeting on July 30, 2019; and

BE IT FURTHER RESOLVED THAT staff are hereby directed to implement the standards as described

therein by the elimination of the following four crossing guard locations beginning with the 2019-20

academic year:

· Wauwatosa Avenue and Harwood Avenue

· Mayfair Road and Center Street

· North Avenue and 73rd Street

· Ruby Avenue and 100th Street

Passed and Dated

Clerk

Approved

Mayor

Adopted:

Page:

Journal:

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CITY OF WAUWATOSA

Resolution

By: Board of Public Works

WHEREAS, the Board of Public Works of the City of Wauwatosa reports that pursuant to the official

notice, published as required by law, for proposals for 19-55/Project 5101 Glenview Avenue and Potter

Road Pumping Station Modifications Project; and

WHEREAS, bids and proposals were received at the office of the Director of Public Works until 10:00

o’clock in the fore noon Thursday, July 25th, 2019 , and therefore publicly opened; and

WHEREAS, that said bids and proposals are returned herewith, and the bids received are as follows:

Mid City Corporation $1,086,150

August Winter & Sons, Inc. $1,100,710

Staab Construction Corporation $1,197,000

Hogen Electric, Inc. $1,230,000

WHEREAS, the lowest bid received is from Mid City Corporation; and

WHEREAS the Board of Public Works recommends that the proper City Officials be authorized to enter

into a contract for doing said work of improvement; and

WHEREAS the budgeted amount for the project is $979,089 in 2019 so a level III fund transfer is needed

to fund the additional cost of the low bid plus a 10% contingency fund as recommended by the consulting

engineer; and

NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Wauwatosa, that the

proper City Officials be and they are hereby authorized and directed to enter into a contract with Mid City

Corporation for the work of 19-55/Project 5101 Glenview Avenue and Potter Road Pumping Station

Modifications Project at and for their bid price of $1,086,150, this being the lowest and best bid; and

BE IT FURTHER RESOLVED that a level III fund transfer is authorized for an amount not to exceed

$215,000 from unused capital improvement funds for Project 5010, Trenchless Water Main

Rehabilitation; and

BE IT FURTHER RESOLVED that the surety deposits, if any, be returned to the unsuccessful bidders.

Passed and Dated

Clerk

Adopted:

Page:

Journal:

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Approved

Mayor

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~8082-10006 Pumping Stations Modifications > 200-Design > Bidding > Simpson-20190731-Recommendation of Award.docx~

Your Infrastructure Ally ruekertmielke.com

W233 N2080 Ridgeview Parkway, Waukesha, WI 53188-1020 262-542-5733

July 31, 2019 Mr. David K. Simpson, P.E. Director of Public Works City of Wauwatosa 11100 West Walnut Road Wauwatosa, WI 53226 Re: Glenview Avenue and Potter Road Pumping Station Modifications Project 19-55 Dear Mr. Simpson: Bids for the above project were opened on July 25, 2019, at 10:00 a.m. at the City of Wauwatosa and were as listed on the attached Bid Summary.

We reviewed the documentation submitted by the apparent low bidder and found that: 1. The Bid Form has been appropriately completed.

2. We have no objections to the low bidder, nor to the proposed major subcontractors and suppliers.

3. Low bidder has successfully completed similar projects.

4. The apparent low bidder did not include Evidence of Authority to Sign with their bid. The apparent low bidder provided the enclosed Evidence of Authority to Sign Contracts on July 31, 2019.

On these bases, we recommend that Mid City Corporation be awarded the Glenview Avenue and Potter Road Pumping Station Modifications, Project 19-55 contract, contingent on PSC approval of project in the amount of $1,086,150.00. This amount is based on the bid unit prices and estimated quantities. Actual quantities, and therefore the final contract price, may vary. On all construction projects, and especially complex ones like this, unpredictable factors may increase the final contract amount. For this reason, we recommend that the City of Wauwatosa include a 10 percent contingency when preparing the financial plan for this work.

Our review did not include an evaluation of bidder's current financial condition nor of their permanent safety program.

Should you decide to accept our recommendation, we have prepared the enclosed Notice of Award for your use. After Council approval has been received, please have the appropriate official sign where indicated and forward all three signed copies of the Notice of Award to our office. We will then fill in the date at the top of page one and forward it, with contracts for execution, to the Contractor. One fully completed Notice of Award will be returned to you for your records.

Bids remain subject to acceptance until September 23, 2019, unless Bidder agrees to an extension. Please advise us of your award decision or call if there are any questions.

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Mr. David K. Simpson, P.E. Glenview Avenue and Potter Road Pumping Station Modifications July 31, 2019 Page 2

~8082-10006 Pumping Stations Modifications > 200-Design > Bidding > Simpson-20190731-Recommendation of Award.docx~

Your Infrastructure Ally ruekertmielke.com

Respectfully, RUEKERT & MIELKE, INC. Ryan M. Schultz, P.E. (WI) Project Engineer [email protected] RMS:tmg Encl: Notice of Award Bid Summary Evidence of Authority to Sign Contracts

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CITY OF WAUWATOSA

Resolution

By: Board of Public Works

BE IT RESOLVED, by the Common Council of the City of Wauwatosa THAT approval is hereby

granted for the proper City officials to execute a Letter of Agreement with the Wisconsin DOT regarding

adaptive signal control operation and maintenance on Burleigh Street.

Passed and Dated

Clerk

Approved

Mayor

Adopted:

Page:

Journal:

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FUTURE COUNCIL COMMITTEE AGENDA ITEMS (8/6/19 Council Meeting)

Community Affairs Committee

Update on progress by the ad hoc committee on implementing the Active Tosa Plan (2019) (Ald. Wilke)

Discussion to consider making parking structures a Conditional Use (XX) (Ald. Tilleson)

Review of Chapter 15.14, Sign Code (XX) (Ald. Wilke)

Presentation regarding group home regulations (XX) (Ald. Wilke)

Discussion to consider expanding the resident notification distance for proposed developments, additions, or

construction (XX) (Ald. Hanson)

Discussion regarding streamlining administrative review of mural applications (XX) (Ald. Tilleson)

Presentation by the City Attorney regarding panhandling enforcement (XX) (Ald. Hanson)

Financial Affairs Committee

Memo from the Finance Director requesting an extension of worker’s compensation third-party billing

administration (9/3) (Finance Director)

Stop Loss Contract Approval (9/3) (Human Resources Director)

Memo from the City Engineer requesting preapproval of the use of 2020 Capital funds for completion of the

LED lighting Capital project in 2019

Presentation on financial condition analysis (9/10) (Finance Intern)

Request to waive the bidding process to hire Premier Design & Build for construction management of Phase IV

of the Burleigh Triangle (9/10) (Finance Director)

Memo from the HR Director forwarding contract proposals for the health clinic and wellness program (9/2019)

(HR Director)

Referred by Council, proposed Washington Highlands street light special assessments for fixture improvements

(2019)

Government Affairs Committee

Application by Blue Mound Golf & Country Club for a fireworks permit on September 14, 2019 (9/3)

2020 Budget Item: Information Technology Annual Report (9/10)

Request for a “Class B” Liquor License extension by Camp Bar, 6600 W. North Avenue, for Camptober Fest

and viewing on October 6, 2019 from 10AM to 8PM with 66th Street closure (9/10)

Update on the status of the Draft & Vessel property, 7479 Harwood Avenue, as it relates to a “Class B” Liquor

and Class “B” Beer license (9/24)

Update (if necessary) on the status of the opening of BB’s Pizza Bar, 7237 W. North Avenue, as it relates to a

Reserve “Class B” Liquor and Class “B” Beer license (9/24)

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Review of list of 2019-2020 liquor licenses eligible for renewal (3/2020)

Discussion with School Board on opportunities for supporting moving voting safely back into schools in the

future (2021)

Transportation Affairs Committee

Proposed ordinance amendment to create parking regulations on the east side of Underwood Avenue in the 1700

block adjacent to Lincoln Elementary School (9/10) (Public Works Director)

Modification to parking restrictions on 65th Street between Blue Mound Road and Wisconsin (9/2019) (Ald.

Walsh)

Request for signalization of the intersection N. 85th Street and Watertown Plank Road (2019)

Transportation improvement options for the Watertown Plank Road/Harwood Avenue corridor between N. 87th

Street and the Village (portions of CIP project 1021) (Engineer) (XX)

Review of the design for the reconstruction of the Wisconsin Avenue bridge over Honey Creek (CIP Project

2303) (2020) (Engineer)

Committee of the Whole

Workshop session associated with ordinance review project (8/20)

Council Member reports on professional development training (10/15)

Council Member reports on professional development training (1/21/20)

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