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Bypassing the People: Why I Voted No on the LakeWay Exemption

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The City of Madison has a shoreline ordinance requiring a public referendum for major construction projects in parks bordering lakes. However, on Tuesday, July 15, the Madison Common Council voted 17–3 to allow the first phase of the Madison LakeWay project to proceed without a referendum—bypassing the ordinance that would have otherwise required voter approval before construction could begin.

According to MGO 8.35 PRESERVATION OF SHORELINE PARKS:

“All City of Madison public parks bordering on lakes or navigable waterways shall be protected as public open space. Voter approval by city referendum shall be required for any change in the legal status of and before beginning or continuing major construction in any of these public parks.”

I was one of the three Alders who opposed this exception, along with Alders Davy Mayer (District 6) and Barbara Harrington-McKinney (District 20). I share Alder Mayer’s concerns, expressed during the July 15 meeting, when he said:

“The shoreline ordinance was approved by 60% of the voters some 33 years ago. … Yes, the Council has seen fit to amend it over the years for a number of small projects, and indeed, the drafters of the ordinance did not intend it to hold up small projects. But the Madison LakeWay is no small project. In fact, the LakeWay is exactly the kind of proposal this ordinance was meant to address.”  [3:24:57]

Madison Lakeway
www.madisonlakeway.org/master-plan

Background on the LakeWay Project and Shoreline Ordinance

The Lake Monona Waterfront Master Plan process officially began in early 2022 when the City of Madison launched the Lake Monona Waterfront Design Challenge—a formal, competitive process to reimagine the 1.7-mile stretch of shoreline from Olin Park to Law Park.

After more than 40 meetings, 19 months of work, and hundreds of hours of public outreach and engagement, the Lake Monona Waterfront Ad Hoc Committee completed its draft master plan in December 2023. The Madison Common Council unanimously adopted the plan—now called the Madison LakeWay—on April 16, 2024.

However, at no point during this extensive public process was there discussion about bypassing the referendum established by Madison voters to ensure they have a voice in major lakefront projects. The first time this provision became widely known was when it appeared as Item 11 File #88846 on the July 15, 2025, Common Council agenda. The item proposed creating an exception to Section 8.35 of the Madison General Ordinances, which requires a citywide referendum for major construction in parks bordering lakes or navigable waterways.

So far, only Phase 1 of the Madison LakeWay project has been exempted, but the full master plan includes substantial development in Olin Park (northwest of Wingra Creek), along the John Nolen Drive causeway, and within Brittingham and Law Parks.

Next Steps: Public Input Opportunity

On Monday, July 21, at 6:30 p.m., the City of Madison will host a virtual public information meeting to review ongoing design development for the LakeWay project.

MAP: A Suggestive Plan for Madison: A Model City
A Suggestive Plan for Madison: A Model City The Park System of the City of Madison, by John Nolen (1909) 

A History of Vision—and Public Resistance

The story of Madison’s effort to create a public park along the Lake Monona shoreline is one marked by bold visions, missed opportunities, and a persistent civic aspiration to reclaim the city’s most iconic waterfront. It all began in the 1850s, when engineers laid two railroad tracks directly across Monona Bay instead of routing them around the lake. This unusual infrastructure decision—one of the only places in the world where railroads tracks cross each other over open water—shaped Madison’s transportation corridors for generations to come and physically divided the downtown from the lakefront.

John Nolen
Image credit: Library of Congress

In 1908, Madison hired John Nolen, one of the nation’s first professional city planners, to envision a more unified and beautiful capital city. His 1911 plan, Madison: A Model City, proposed a grand esplanade linking the Capitol to Lake Monona and framed the city as part of a larger “Four Lakes District” that prioritized recreation and civic space. But just before the plan’s official release, the Madison Common Council cut Nolen’s funding and dismissed him—an early sign of the political resistance any ambitious lakefront plan would face.

Ironically, in 1967 the Common Council named a major causeway—John Nolen Drive—after him, despite the fact that it bisected the very shoreline connection he once championed. As journalist Marc Eisen wryly observed, “in an act of stunning cluelessness Madison  honored Nolen in 1967 by naming the roadway for him that destroyed the very setting he wanted to grace with a Barcelona-style waterfront esplanade for urban strollers.”

Built atop the old railroad causeways, John Nolen Drive was first constructed for automobile traffic in 1965 and later widened to four lanes in 1975. While the roadway became a vital part of Madison’s transportation infrastructure, it never fulfilled Nolen’s civic vision. Efforts to reclaim that vision have ebbed and flowed over the decades, frequently running aground on concerns about environmental impact, development costs, public access, and the preservation of green space. In 1966, the city introduced the ambitious “Monona Basin” plan, which proposed transforming three miles of shoreline and constructing a 2,500-seat performing arts center. But when bids exceeded the project’s budget, Mayor Otto Festge pulled the plug.

The shoreline became a flashpoint again in 1992, when the city proposed building its first municipal swimming pool at Turville Park on the shore of Lake Monona. Strong public opposition led voters to pass a binding referendum with 61% approval. That referendum directly resulted in Section 8.35 of the Madison General Ordinances, establishing firm protections for lakefront parkland. The ordinance is clear:

“City of Madison public parks bordering on lakes or navigable waterways shall be protected as public open space,” and “voter approval by city referendum shall be required” before any significant change or construction.

Monona Terrace
Monona Terrace Community and Convention Center 

That same year marked a rare lakefront development success. On November 3, 1992, voters narrowly approved construction of the Frank Lloyd Wright–designed Monona Terrace Community and Convention Center at Law Park. The ballot capped the city’s contribution at $63.5 million (in 1992 dollars) and required “no significant impact on Lake Monona.” Nearly 60 years after its conception, Monona Terrace opened in 1997 and became a prominent civic landmark.

Though the pool wasn’t built at Turville Park, the idea lived on. In 2006, the Goodman Pool opened on the south side, made possible by a $2.8 million gift from local philanthropists Irwin A. and Robert D. Goodman. Even so, the pool faced challenges. Marketed as self-supporting, it became a potential budget casualty during the City’s 2024 deliberations. Officials warned it might close unless voters approved a $22 million property tax referendum—underscoring the financial pressures facing Madison’s public services.

In 2012, yet another plan emerged—this time as part of Madison’s Downtown Plan. It proposed expanding Law Park by filling in roughly two acres of Lake Monona to create a new signature waterfront space. The expanded park would have included boat docks, a fishing pier, watercraft rentals, and festival grounds. But once again, those lakefill elements were dropped as the City Council prioritized other aspects of the downtown vision.

More recently, federal investment has breathed life into long-dormant dreams. With funds from the Bipartisan Infrastructure Law, U.S. Senator Tammy Baldwin helped secure over $15 million for reconstructing the John Nolen Drive causeway —part of a larger construction project totaling more than $30 million. The project will replace six aging bridges, add separated bike/pedestrian paths, and integrate smart traffic technologies and green infrastructure. At a 2023 press conference, Mayor Satya Rhodes-Conway called this a pivotal moment for Madison:

“This is happening at the same time as another massive moment for our downtown waterfront,” she said, referencing the Lake Monona Waterfront Design Challenge. “This grant allows us to jumpstart the first phase of that work.”

Why I Voted No on July 15th

Today, as Madison embarks on yet another chapter in its century-long effort to connect its civic identity with its most prominent natural asset—its lakes—the story remains unfinished. Lake Monona’s shoreline has never been just a stretch of land; it has served as a mirror for the city’s evolving values. It is where Madison continues to wrestle with questions of access, equity, aesthetics, environmental stewardship, and public identity. What we choose to build—or preserve—along this waterfront reveals not only our priorities, but also who gets to shape the city’s future.

And so we arrive at this moment. After years of planning and public engagement, the Madison Common Council has voted to advance the Madison LakeWay project—but in doing so, it chose to bypass a public referendum required under existing city law.

Regardless of where one stands on the project itself, this decision sets a troubling precedent. When voters approved the shoreline ordinance in 1992, they did so to guarantee transparency and accountability for developments of this scale. That’s why I voted no—so the project would be subject to a public referendum, as the law intended.

As the City now moves forward with design and implementation, I encourage all residents to attend Monday’s public meeting and continue making their voices heard. Madison’s shoreline belongs to all of us—and the choices we make today will shape it for generations to come.

Sources

Note: This post was updated on July 20, 2025, to expand the list of cited sources

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District 11 - Alder Tishler

Alder Bill Tishler

Alder Bill Tishler

District 11
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