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A referendum on buildings at James Madison Park?

Kristin Czubkowski  —  9/05/2008 8:58 am

After years of debate by Madison city officials on whether to sell four historic buildings at James Madison Park, the final decision may depend on one vote -- yours.

The decision to sell the houses, including the land under the Lincoln School Apartments, would likely be considered a change in the legal status of the park, assistant city attorney Anne Zellhoefer told the James Madison Park Property Planning Committee Thursday night. According to a 1992 city ordinance, changes in legal status as well major construction projects on parks bordering lakes and navigable waters require a referendum.

The ordinance was originally created during a controversy over creating a pool at Olin-Turville Park, which would have required bulldozing two acres of forest land, and has since been applied to major projects like Monona Terrace and the Goodman Pool. Other projects have used exceptions in the ordinance, such as limiting the expense of construction, but Zellhoefer said most of the exceptions applied to what is considered "major construction," not to the legal changes that a land or building sale would entail.

She called the exceptions in the ordinance "byzantine formulas," while committee member David Wallner suggested repealing the ordinance, saying he "is not big on government by referendum."

Ald. Michael Schumacher, another committee member, said he was doubtful the City Council would repeal the ordinance.

"I'm only guessing that when suddenly the city committees discuss the change, they're not just going to talk about this particular item," he said. "They're going to ask what the impact would be for the future because there might be good reasons why this is in existence."

One good reason, he said, is that the public could help resolve a long-standing dispute between the Madison Parks Commission, which has voted unanimously on repeated occasions not to sell the land under the Lincoln School, and the newer ad hoc James Madison Park committee, which was created by Mayor Dave Cieslewicz to revisit the issue.

"It is a reality check," Schumacher said. "If we suddenly get a referendum on this and the majority say 'no way,' that is data."

The committee will meet again Sept. 30 to make a recommendation whether to sell the buildings and land. At Thursday's meeting, committee members discussed different conditions that could be attached to the sales, including the repairs needed and when buyers should complete them, what the buildings could be used for and how their value would be determined to maximize the gain to the city. The committee also suggested it would recommend directing a "substantial" amount of the sale price of the buildings to renovating James Madison Park and designate the rest for general park improvements.

Kristin Czubkowski  —  9/05/2008 8:58 am