Fiscal Note
No appropriation required.
Title
SUBSTITUTE Amending Sections 8.35(2) and (3) and repealing Section 8.35(7) of the Madison General Ordinances to exempt the legal transfer and redevelopment of the Garver Feed Mill from the Shoreline Parks Preservation Ordinance and to clarify that this is not a charter ordinance.
Body
DRAFTER'S ANALYSIS: This ordinance reorganizes and expands the current exceptions from the shoreline parks preservation ordinance to clarify the existence of exceptions to the referendum requirements and to add an exception to the referendum requirement for any construction or change in the legal status of the lands containing and surrounding the Garver Feed Mill associated with the redevelopment of that property. In addition, this ordinance repeals subsection (7) of Section 8.35. As set forth in City Attorney Opinion #04-002, because Section 8.35 did not meet the requirements of a charter ordinance as set forth in Wis. Stat. Sec. 66.0101(2)(b) when enacted, this ordinance is not a charter ordinance. The inclusion of this erroneous language in the section is confusing to both City staff and the public, and its removal helps to clarify the status of this section.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Subsections (2) and (3) of Section 8.35 entitled “Preservation of Shoreline Parks” of the Madison General Ordinances are amended to read as follows:
“(2) The words major construction as used in this ordinance mean erecting a building or structure, changing land elevations or shore contours, and paving over land, but do not include:
(a) Replacing an existing building or structure with another building or structure of equivalent size and similar purpose.
(b) Maintenance and repairs to an existing building or structure or to an existing paved area.
(c) Construction required to eliminate safety hazards or provide access...
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