Janesville city attorney: Any referendum on Woodman's Center construction would be 'advisory'

On Monday night, the group turned out at a city council meeting to gather signatures for a petition and hand out informational packets along with pink-colored shirt pins that read “No New Taxes”—an apparent statement in opposition of city borrowing for the facility.

The city took no action on that request Monday, and the city’s attorney said that if such a referendum went forward, it only could be considered “advisory,” not binding.

During the public comment period, Janesville resident Paul Lembrich called the city’s plan to borrow money to build the new ice arena and convention center “reckless” and told council members “You do indeed have the power to order a referendum (for the April election) this very evening.”

Lembrich suggested such a move could save the council the thousands of dollars it would cost to conduct a special election later this year if the group later tried that route to get a referendum to a public vote.

The council could vote to approve construction of the 130,000-square-foot Woodman’s Center as early as late May or early June, city officials have said.

Fliers some in the group had distributed in residential newspaper tubes and elsewhere included requests for signatures for a petition aimed at mounting a referendum. But those fliers didn’t suggest a ballot question—something required by law for a referendum to go on a ballot.

A handwritten note the group gave to a Gazette reporter at City Hall on Monday night supplied a draft of such a question. It read:

“We request the city (of Janesville) common council’s intent to borrow funds for the construction of ‘Woodman’s Sports & Convention Center’/WSCC Ice Arena and Convention Center: ‘Yes’ or ‘No.’”

The group in the note indicated that if its members were unable to spur a referendum for the spring ballot, the group might instead petition for a “special election” later this year to put the referendum question to a vote.

The note, which was signed “We the Taxpayers,” indicated the group seeks a “binding” referendum.

Although the city council under law is not allowed to not respond directly to public comments, one council member, Michael Jackson, asked City Attorney Wald Klimczyk if residents are allowed to ask for a “binding” referendum on whether the city could fund the Woodman’s Center.

Jackson is running for reelection this spring for the next city council, which likely would be the one to vote on whether to move ahead with the Woodman’s Center. Incumbent council members David Marshick and Heather Miller are also running for reelection.

Klimczyk told the council that state statute would not allow residents to petition to force a binding referendum on the project, although it would allow the council to choose to place a question on a ballot as an “advisory” measure. In an advisory referendum, the council would not be required by law to uphold voters’ decision, Klimczyk said.

He also noted that the city council has never before put any public project such as the Woodman’s Center to a ballot referendum.

City officials said last week that anyone seeking to turn in the few thousand signatures needed to get a referendum question on the April ballot would need to submit a petition and a yes-or-no referendum question by Jan. 24, although the request would still face city review and a council vote.

The group’s public comment session during Monday’s council meeting came prior to an update on planning for the proposed project by city Public Works Director Mike Payne.

Payne said a city ad hoc design committee continues to meet monthly to shore up exterior designs and floor plans for the Woodman’s Center.

Payne said that later this week or early next week, the Friends of the Woodman’s Sports & Convention Center, a booster group that is raising private funding and lobbying for federal and state grants for the project, plans to launch a project website.

He said the website would act as a portal for further private fundraising.

On Wednesday, the Rock County Citizens Civics Academy, a Janesville-based nonprofit think tank, plans to discuss the Woodman’s Center project.

The academy’s leaders said in an emailed announcement that Wednesday’s talk, to be held at 6 p.m. at Italian House, 1603 E. Racine St., will compare the Woodman’s Center to an emerging plan announced last week by private groups that seek to spearhead a similar ice arena and sports center in neighboring Beloit.

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