Full Agenda Packet
CITY OF JANESVILLE
CITY COUNCIL MEETING AGENDA
MONDAY, March 28, 2011
7:00 P.M.
1. Call to Order and Pledge of Allegiance.
2. Roll Call.
3. Minutes of City Council meetings: “C”
A.Regular meeting of March 14, 2011.
B.Closed session minutes of December 14, 2009;
March 22, 2010; April 12, 2010; September 27, 2010;
and October 11, 2010.
4. Licenses; and Recommendations of the Alcohol License Advisory
Committee. (Refer to separate agenda.) “C”
5. Financial statements for the months of January & February, 2011. “C”
OLD BUSINESS
1. Requests and comments from the public regarding items on the Agenda not
requiring a public hearing.
2. Second reading, public hearing and action on a proposed ordinance
amending JGO Chapter 10.71 regulating the use of Neighborhood Electric
Vehicles so as to regulate the use of Low Speed Vehicles in the City of
Janesville. (File Ord. No. 2011-477)
3. Second reading, public hearing and action on a proposed ordinance creating
JGO Section 9.39.025 and amending JGO Section 9.39.030 prohibiting the
unlawful use of computerized communication systems in the City of
Janesville. (File Ord. No. 2011-479)
-----------------------
“C” – This designation indicates an item that the City Council will take up under a
Consent Agenda.
City Council Agenda – March 28, 2011
Page 2
NEW BUSINESS
1. Action on a request to waive the special event fee for the Janesville Farmers
Market.
2. Action on a proposed resolution to add supplemental life insurance to
employee benefit package. (File Res. No. 2011-781)
3. Action to authorize the City Manager to file a simplified water rate increase
with the Public Service Commission.
4. Waive notice of special meeting (study session) scheduled for April 27 at
5:30 p.m. regarding financial policies.
5. Requests and comments from the public on matters which can be affected
by Council action.
6. Matters not on the Agenda.
7. Consideration of a motion to convene into closed session, pursuant to
Wisconsin Statute Section 19.85(1)(e), for the purpose of deliberating and
setting the negotiation and bargaining strategies, terms, and conditions for
a potential industrial site TIF development agreement since competitive
and/or bargaining reasons require a closed session.
The use of audible cell phone ringers and active use and response to cellular
phone technology by the governing body, staff and members of the public is
discouraged in the Council Chambers while the Council is in session.
PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
MARCH 14, 2011
VOL. 62
NO. 33
Regular meeting of the City Council of the City of Janesville held in the Municipal Building on March 14,
2011. The meeting was called to order by Council President Voskuil at 7:00 PM.
Present: Council President Voskuil, Councilmembers Brunner, McDonald, Perrotto, Rashkin, Truman
and Steeber.
CONSENT AGENDA
Regular City Council meeting minutes of February 28, 2011.
Closed session minutes of: August 10, 2009, August 24, 2009, September 14, 2009,
September 28, 2009, October 26, 2009, November 9, 2009, February 8, 2010, May 24, 2010, June 14,
2010, June 28, 2010, August 9, 2010 and October 25, 2010.
Licenses; and Recommendations of the Alcohol License Advisory Committee.
Council President Voskuil stated that all items on the consent agenda would be approved if there were
no objections. There were none.
OLD BUSINESS
1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing.
Ty Bollerud, 419 S. Walnut St., spoke against the ordinance prohibiting the unlawful use of computerized
communication equipment (NB #5). Andreah Briarmoon, 339 S. Locust St., spoke against the proposed
snow policies and suggested the City should use the citation method and allow citizens to go through the
courts for relief.
2. Public hearing and possible action on a final resolution for public works contract 2011-1 (street
resurfacing including curb and gutter, water, sewer, and paving). James Erickson, owner of the
commercial building located at 3618 Ridge Dr., asked questions regarding the rate calculations and
interest rates. Andreah Briarmoon, 339 S. Locust St., stated that developers should pay 100% of the
costs and not rely on the City for financing of improvements. Ty Bollerud, 419 S. Walnut St., stated the
City should look out for citizens rights when constructing public improvements. Paul Jacobson, member
of Green Tek LLC, requested that his assessment be waived or granted a non-use deferment. The
public hearing was closed. Councilmember Steeber moved to adopt said resolution and approve a 5
year non-use deferment for water main affecting parcel 02333400092 owned by Enterprise Drive, LLC
and parcel 0304100002 owned by Arthur Donaldson, seconded by Councilmember Brunner.
Councilmember Steeber offered a friendly amendment to allow a 10 year payment plan for Green Tek,
LLC and it was accepted by the seconder of the motion. The Council voted on the motion, as amended,
and it passed unanimously. (File Res. No. 2011-780)
NEW BUSINESS
1. Award of Bid Schedule “A” – 2011: contract 2011-1 (street resurfacing); contract 2011-2 (curb &
gutter and sidewalk replacement); contract 2011-3 (manhole rehabilitation/reconstruction); contract
2011-
4 (new sidewalk); contract 2011-5 (South Pearl Street reconstruction); contract 2011-6 (Black Bridge
water main); contract 2011-7 (Palmer Drive & CAMDEN parking lot reconstruction). Councilmember
Steeber moved to include the necessary funding in the 2011 note issue for the above contracts and
award the following contracts to:
Contract Company Amount
2011-1 Rock Road Companies, Inc. $1,175,714.15
2011-2 Yeske Construction Co., Inc. $658,725.00
2011-3 Infrastructure Technologies, Inc. $211,859.00
2011-4 J.B. Johnson Bros., LLC $408,113.75
2011-5 Frank Silha & Sons Excavating, Inc. $467,635.50
2011-6 Rawson Contractors, Inc. $1,121,783.00
2011-7 Rock Road Companies, Inc. $233,375.49
Councilmember Truman seconded the motion and it passed by the following vote: Aye: Brunner,
Perrotto, Rashkin, Steeber, Truman and Voskuil. Nay: McDonald. By consensus, the Council requested
that a study session be held after the election to discuss financial and debt policies of the City and to
review future borrowings.
2. Action on a proposed resolution authorizing the City Manager to execute a lease with the American
Legion Baseball of Janesville, WI for the operation of a portion of Riverside Park. Councilmember
Steeber moved to adopt said resolution, seconded by Councilmember Truman and passed unanimously.
(File Res. No. 2011-779)
3. Discuss and provide direction to staff on sidewalk snow removal policies on private property. John
Whitcomb, Operations Director, presented information on our current policy and options to add proactive
inspections and citations. City Manager Levitt stated that there was more citizen compliance with snow
removal by citizens. If the Council were to enhance enforcement efforts than the reinspection fees would
be the best option. The Council requested that the following options be placed on a future agenda: a)
Increase fines for parking violations during a snow emergency. b) Implement a towing option. c) Issue
citations. d) Develop information on volunteer groups that assist elderly and handicapped with snow
removal.
4. A proposed ordinance amending JGO Chapter 10.71 regulating the use of Neighborhood Electric
Vehicles so as to regulate the use of Low Speed Vehicles in the City of Janesville was introduced and
scheduled for a public hearing on March 28, 2011. (File Ord. No. 2011-477)
5. A proposed ordinance creating JGO Section 9.39.025 and amending JGO Section 9.39.030
prohibiting the unlawful use of computerized communication systems in the City of Janesville was
introduced and scheduled for a public hearing on March 28, 2011. (File Ord. No. 2011-479)
6. Requests and comments from the public on matters which can be affected by Council action. Richard
Erdman, 411 W. Milwaukee St., and Lee Ann Heise, representing the Exclusive Company, requested
that Council revisit the pawnbroker ordinance because of lack of notice and information provided to
effected businesses. Ty Bollerud, 419 S. Walnut St., requested the City explore hydro-electric power
generation. Andreah Briarmoon, 339 S. Locust St., stated that less than 1 percent of residents were in
non-compliance for snow removal this year and the Council should stop the regulation.
7. Matters not on the Agenda. Councilmember Rashkin requested information on the communication
process used to inform second hand and pawn shop dealers about the ordinance regulating their
businesses. Councilmember Perrotto stated that the Sustainability Committee requested that they review
the plans for the proposed Ice Arena construction project. Councilmember Brunner stated that spring is
here because Frostee Freeze is now open. Council President Voskuil stated that the next Big Give is
scheduled for Saturday, April 9, 2011.
8. Councilmember Steeber moved to convene into closed session, pursuant to Wisconsin Statute
Section 19.85(1)(e) for the purpose of deliberating and setting the potential negotiating terms,
conditions, and provisions of collective bargaining agreements and related bargaining strategies and
matters; and setting the negotiation and bargaining strategies, terms, and conditions for a potential TIF
#32 development agreement since competitive and/or bargaining reasons required a closed session.
The motion was seconded by Councilmember Truman and passed unanimously.
There being no further business, Council convened into closed session at 9:45 p.m. These minutes are
not official until approved by the City Council.
Jean Ann Wulf
Clerk-Treasurer
JANESVILLE CITY COUNCIL
LICENSE AGENDA
3/28/2011
RECOMMENDED
A. AMUSEMENT DEVICE AND CENTER-ORIGINAL
Tom’s Rider’s In, LLC d/b/a Riders In
Thomas W. Walters 721 Center Ave.
B. ELECTRICIAN–ORIGINAL
Chad A. Korish 6248 Carr Factory Rd., Cuba City, WI
ACCOUNTING DIVISION MEMORANDUM
March 18, 2011
TO: City Council
FROM: Patty Lynch, Comptroller
SUBJECT: Financial Statement for the Months of January and February 2011
The City prepares its Financial Statements in accordance with generally accepted
accounting principals using the modified accrual method of accounting and is audited
annually by Baker Tilly Virchow Krause, LLP. We prepare interim financial statements for
the Council’s review on a monthly basis. Division and Department Heads are responsible
for monetary expenditures to ensure budget compliance. Revenues and expenditures are
projected to year-end in June and September.
Key operating funds include the General Fund, Water and Wastewater Utilities, and
Sanitation Fund. A summary of their performance to budget, as compared to a three-year
average, is presented in the following graphs.
EXPENDITURE SUMMARY
The graph below indicates that the General Fund, Water Utility, and Wastewater Utility
expenditures are being made according to budget.
Year-To-Date February ExpendituresCompared to Three-Year Average
Current YTD
3 Yr. Avg.
30%
Percent of Total Budget
25%
20%
15%
10%
5%
0%
General FundWater -Wastewater -
OperatingOperatingSanitation
REVENUE SUMMARY
The graph below indicates revenue has been earned as anticipated.
January and February 2011 Financial Statements
March 17, 2011 Page 2
Year-To-Date February RevenuesCompared to Three-Year Average
Current YTD
3 Yr. Avg.
45%
40%
Percent of Total Budget
35%
30%
25%
20%
15%
10%
5%
0%
General FundWaterWastewaterSanitation
Other items of interest in the Financial Statement are as follows:
Proprietary Funds (page 4)
The Water Utility has a deficit operating cash balance of $1,697,672 at February 28,
2011. This is partly due to the timing of debt service payments. Principal and interest
totaling $2,310,795 was paid in February. Water sales being 14% below projections is
also a major factor. A simplified water rate increase is proposed to help fund the cash
deficit.
The Stormwater Utility has a deficit operating cash balance of $248,682 at February
28, 2011. This is because revenue is billed on a quarterly basis after expenditures
have been made.
Transit reports a negative cash balance of $429,205 due to the timing of grant
reimbursements after expenditure are made.
Special Revenue Fund Balance (page 5)
The Hedberg Public Library recognized property tax revenue of $3,207,919 in January.
TIF 3 has a positive balance of $162,529. The positive balance will be used to repay
the general fund advance plus accrued interest.
Landfill long-term care of site #3023 ($211,869) will be reimbursed by an insurance
policy we have in place for post closure care.
Capital Projects Fund (page 6)
The City incurred expenditures in conjunction with road projects on Highway 11 from
Wright Road to Highway 14 ($186,800). These costs will be funded with future special
assessments or General Obligation note issue.
January and February 2011 Financial Statements
March 17, 2011 Page 3
General Fund (page 7)
Property tax revenue of $15,045,757 has been recognized for tax collections received
through January 31, 2011.
State Highway Aids of $657,142 were received in January.
A representative of the Administrative Services Department will be available at the Council
Meeting on March 28, 2011 to respond to any questions Council may have relative to
these reports. Once Council is satisfied, acceptance of the Financial Statement by consent
and placing them on file would be in order.
/Attachments
cc: Jacob J, Winzenz, Director of Administrative Services/Assistant City Manager
Eric J. Levitt, City Manager
CITY ATTORNEY’S OFFICE MEMORANDUM
March 15, 2011
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Second reading, public hearing, and action on a proposed ordinance
amending JGO Chapter 10.71 regulating the use of Neighborhood
Electric Vehicles so as to regulate the use of Low Speed Vehicles in the
City of Janesville. (File Ord. No. 2011-477)
Staff Recommendation
Staff recommends the City Council adopt Proposed Ordinance 2011-477 amending JGO
Chapter 10.71 regulating the use of Neighborhood Electric Vehicles so as to regulate the
use of Low Speed Vehicles in the City of Janesville.
Assistant City Manager’s Recommendation
I concur with the recommendation of staff.
Suggested Motion
I move to adopt Proposed Ordinance No. 2011-477.
Background
State law, Wis. Stats. § 346.94(22), regarding the use of neighborhood electric vehicles
has changed so as to allow the operation of low-speed vehicles under certain
circumstances. Low-speed vehicles include neighborhood electric vehicles as well as
gas-powered vehicles. Low-speed vehicles are allowed within municipalities under state
law. These vehicles are restricted to roads with a speed limit of 35 miles per hour or
less and crossing intersections of state trunk highways or connecting highways that are
controlled by traffic control signals where the speed limit at the intersection is 35 miles
per hour or less. In addition, low-speed vehicles are allowed to operate on a connecting
highway if the connecting highway has a speed limit of 25 miles per hour or less.
Municipalities also have the option to prohibit the use of low-speed vehicles within the
municipality or to allow the use of low-speed vehicles on all roadways within the
territorial boundaries of the municipality where the speed limit is 35 miles per hour or
less.
Analysis
Proposed Ordinance No. 2011-477 amends JGO Chapter 10.71, so as to permit the use
of low-speed vehicles consistent with and as allowed under state law on all roadways
within the City of Janesville where the speed limit is 35 miles per hour or less.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services
1
ORDINANCE NO. 2011 - 477
An ordinance amending JGO Chapter 10.71 regulating the use of Neighborhood Electric Vehicles so as
to regulate the use of Low Speed Vehicles in the City of Janesville with penalties as set forth in JGO
10.70.040.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I.
Chapter 10.71 of the Code of General Ordinances of the City of Janesville is hereby
amended to read as follows:
CHAPTER 10.71
LOW-SPEED NEIGHBORHOOD ELECTRIC VEHICLES
Sections:
10.71.010 Definition
10.71.020 Use permitted on certain city streets
10.71.030 Operation
10.71.040 Violations – Penalty
10.71.010 DEFINITION
.
“Neighborhood Electric Low-Speed Vehicle” (“LSV NEV”) means a motor vehicle:
A.
That is defined as a LSV NEV under state law, as from time to time amended or renumbered, i.e.
Wis. Stats. § 349.26(1) 340.01(27h); or
B.
That is propelled by electric power and that conforms to the definition and requirements for low-
speed vehicles as adopted in the federal motor vehicle safety standards for low-speed vehicles under 49
CFR 571.3 (b) and 571.500. “Neighborhood electric Low-speed vehicle” does not include a golf cart or
moped.
10.71.020 USE PERMITTED ON CITY STREETS.
A.
The use of a NEV LSV is prohibited except as expressly authorized by this Chapter.
B.
The use of a NEV LSV is hereby authorized on roadways under the jurisdiction within of the City
of Janesville upon which the speed limit is 35 miles per hour or less with the following exceptions.
1.may be used uponconnecting highways
A NEV within the City of Janesville but only
upon those sections where the speed limit is 35 miles per hour or less. The exact locations shall be as
promulgated from time to time and at any time by the City Manager, who is hereby authorized to do so by
the Common Council, as approved by the Wisconsin Department of Transportation. All such locations
shall be compiled, kept and updated in written form, and kept on file for public inspection at all times in
the lobby of the Janesville Police Department, in the City Clerk-Treasurer’s Office and on the City's
website. Such list of authorized locations is hereby adopted by reference and incorporated herein as if
fully set forth verbatim. All additions and changes shall be updated on said list by the City Manager
and/or his designees.
2.may crossstate trunk highways
A NEV within the City of Janesville but only at public
intersections where the speed limit upon the state trunk highway at that particular intersection is 35 miles
per hour or less. The exact locations shall be as promulgated from time to time and at any time by the City
Manager, who is hereby authorized to do so by the Common Council, as approved by the Wisconsin
Department of Transportation. All such locations shall be compiled, kept and updated in written form,
and kept on file for public inspection at all times in the lobby of the Janesville Police Department, in the
City Clerk-Treasurer’s Office and on the City's website. Such list of authorized locations is hereby
adopted by reference and incorporated herein as if fully set forth verbatim. All additions and changes
shall be updated on said list by the City Manager and/or his designees.
3.
Subsections 1. and 2. are subject to the approval of the Wisconsin Department of
Transportation as outline in Wisconsin Statute Section 349.26(3), as from time to time amended or
renumbered.
10.71.030 OPERATION.
A.
The operation of a NEV LSV as permitted herein shall comply in all respects with Chapter 10 and
other applicable provisions of the Code of General Ordinances of the City of Janesville, as applicable to
the operation of motor vehicles.
B.
No person may operate a low-speed vehicle at a speed in excess of 25 miles per hour.
10.71.040 VIOLATION – PENALTY.
A.
Each violation of this chapter shall result in the issuance of a citation and the payment to the City of a
forfeiture by the violator in an amount of not less than fifty dollars nor more than five hundred dollars
together with applicable state penalty and other surcharges, and court costs.
B.
Each violation of a state or local traffic code not contained within this Chapter shall subject the
operator of the NEV LSV to the citations and penalties set forth for such violations in the applicable state
statutes and City ordinances. Such violations are cumulative to and not in lieu of those set forth for
violations of this Chapter.
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
_____ _______
Assistant City Attorney
Proposed by: Police Department
Prepared by: Assistant City Attorney
CITY ATTORNEY’S OFFICE MEMORANDUM
March 15, 2011
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Second reading, public hearing, and action on a proposed ordinance
creating JGO Section 9.39.025 and amending JGO Section 9.39.030
prohibiting the Unlawful Use of Computerized Communication Systems in
the City of Janesville. (File Ord. No. 2011-479)
Staff Recommendation
Staff recommends the City Council adopt Proposed Ordinance 2011-479 creating JGO
Section 9.39.025 and amending JGO Section 9.39.030 prohibiting the Unlawful Use of
Computerized Communication Systems in the City of Janesville.
Assistant City Manager’s Recommendation
I concur with the recommendation of staff.
Suggested Motion
I move to adopt Proposed Ordinance No. 2011-479.
Background
Janesville Police Officer Jeffrey Justman brought to my attention the increase in calls for
service that the Janesville Police Department has been receiving for threatening,
abusive, and harassing conduct that has been occurring via the use of text messaging,
electronic mail, and other computerized communication systems.
Janesville ordinances currently prohibit various types of conduct that harasses,
threatens, or intends to inflict injury on another via the unlawful use of a telephone in
J.G.O. 9.39.020. This proposed ordinance would update Janesville ordinances to
prohibit similar conduct that occurs via the use of text messaging, electronic mail, and
other computerized communication systems. The proposed ordinance is similar to the
prohibition for unlawful use of computerized communication systems in the Wisconsin
Statutes in Wis. Stat. § 947.0125.
Analysis
Proposed Ordinance No. 2011-479 updates Janesville ordinances so as to keep up with
the change in technology to prohibit various types of conduct that harasses, threatens,
or intends to inflict injury on another via the use of computerized communication
systems.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services
1
ORDINANCE NO. 2011 - 479
An ordinance creating JGO Section 9.39.025 and amending JGO Section 9.39.030 prohibiting
the Unlawful Use of Computerized Communication Systems in the City of Janesville with
penalties as set forth in amended JGO 9.39.030.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I.
Section 9.39.025 of the Code of General Ordinances of the City of Janesville is
hereby created to read as follows:
9.39.025 Unlawful use of computerized communication systems
.
A.
“Message” is defined in this section as any transfer of signs, signals, writing,
images, sounds, data or intelligence of any nature, or any transfer of a computer program as
defined in Section 943.70(1)(c) of the Wisconsin Statutes as from time to time amended or
renumbered.
B.
No person shall do any of the following:
1.
With intent to frighten, intimidate, threaten, abuse, annoy, offend, or
harass another person, send a message to the person or with a reasonable expectation that the
person will receive the message on an electronic mail or other computerized communication
system and in that message threaten to inflict injury or physical harm to any person or the
property of any person.
2.
With intent to frighten, intimidate, threaten, abuse, annoy, offend, or
harass another person, send a message on an electronic mail or other computerized
communication system to the person or with a reasonable expectation that the person will receive
the message and in that message use any obscene, lewd or profane language, or suggest any lewd
or lascivious act.
3.
With intent to frighten, intimidate, threaten, abuse, annoy, offend, or
harass another person, send a message to the person or with the reasonable expectation that the
person will receive the message on an electronic mail or other computerized communication
system while intentionally preventing or attempt to prevent the disclosure of his or her own
identity.
4.
With intent solely to harass or annoy another person, send repeated
messages to the person or with the reasonable expectation that the person will receive the
messages on an electronic mail or other computerized communication system.
5.
With intent to harass or annoy another person, send a message to the
person or with the reasonable expectation that the person will receive the message on an
electronic mail or other computerized communication system while intentionally preventing or
attempting to prevent the disclosure of his or her identity.
6.
Knowingly permit or direct another person to send a message prohibited
by this section from any computer terminal or other device that is used to send messages on an
electronic mail or other computerized communication system and that is under his or her control.
SECTION II.
Section 9.39.030 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
9.39.030 Violation--Penalty
. The penalty for violating Section 9.39.010 or Section
9.39.020 any provision set forth in this chapter shall be a forfeiture to the city of not less than
fifty dollars nor more than five hundred dollars together with the costs of prosecution, or in
default of payment of such forfeiture and costs, imprisonment in the county jail for not less than
five nor more than sixty days.
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Jean Ann Wulf, City Clerk-Treasurer
Voskuil
APPROVED AS TO FORM:
__________
Assistant City Attorney
Proposed by: Police Department
Prepared by: Police Department & Assistant City
Attorney
LEISURE SERVICES DEPARTMENT MEMORANDUM
MEMO TO: City Council
MEMO FROM: Shelley Slapak, Acting Recreation Director
SUBJECT: Action on a Request to Waive the Special Event Fee for the
Janesville Farmers Market
DATE: March 22, 2011
______________________________________________________________________
Summary
Janesville Farmers Market, Inc. has submitted a Special Event Application to conduct
the 2011 Farmers Market in downtown Janesville. The Market is scheduled to operate
annually from Mother’s Day weekend (May 7) through the last Saturday in October
(October 29) utilizing the 100 and 200 blocks of North Main Street. The Board of
Directors has again requested that the City of Janesville waive the event fee for 2011.
The Board is also requesting that the City waive the $832 equipment fee for 2011. It is
the Board’s belief that the event fee ($550) and the equipment rental fee of ($832)
would be cost prohibitive in operating the market now or any time in the near future.
The Farmers Market Board may be purchasing equipment on their own and in turn
would not need to rent our equipment (barricades and trash receptacles).
Recommendation
The Janesville Farmers Market, Inc. does not meet Council Policy #87 for special event
permit fee exemption.
Assistant City Manager Recommendation
The City Council recently approved changes to Council Policy #87 which establishes
criteria for waiving special event fees. The waiver request from the Farmer’s Market
does not meet the criteria contained in that policy, however, in that policy the City
Council reserves the authority to waive any portion of any Special Event Permit Fee.
This is appropriately a policy question for the City Council.
Suggested Motion
Move to either approve or deny the request from Janesville Farmer’s Market, Inc. to
waive the 2011 special event and equipment rental fees.
Background & Analysis
In 2005, the City executed an agreement with the Farmer’s Market Steering Committee
to co-sponsor the Janesville Farmer’s Market. The program was jointly conducted by
the two entities with a successful season ensuing. The intent of the City’s initial
involvement was to provide expertise and financial support until the Farmer’s Market
could become a viable entity and assume increased responsibility for operating and
financially supporting the activity.
In 2006, the Janesville Farmer’s Market Inc., made the decision to assume a more
significant role in planning and operating the Farmer’s Market. The Farmer’s Market
Steering Committee reorganized into Janesville Farmer’s Market, Inc. and hired a
Marketing Director who was responsible for day to day operations. The Department of
Leisure Services continued their support of the Market by hosting special events,
assisting with advertisement, and logistical/financial support in terms of set up,
barricade and trash barrel usage. In addition, the City Council waived the 2006 Special
Event Fee. The 2006 season was again successful and experienced continued growth.
In both the 2007 and 2008 seasons, the Market continued to be successful, providing
the majority of its own advertising and hosting all of the special events that were held
there. The City again assisted with barricade and trash barrel usage, as well as trash
pickup. The City Council again waived the special event fee of $525 and the equipment
rental fee in support of the Market.
In 2009, the Farmers Market board requested a fee waiver again. The council voted
and approved the waiver unanimously.
In 2010, the Janesville Farmers Market Inc. Board of Directors requested to the City
Council a fee waiver for 2010 and beyond. At that time, City Council approved the
waiver of the 2010 special event fee of $530 and associated equipment charges totaling
$832, but asked the Farmers Market Board to return in 2011 if requesting a fee waiver
again.
The Leisure Services Department is now in receipt of the 2011 Special Event
Application and a letter from Bryan Meyers, Chairman of the Janesville Farmer’s
Market, Inc. Board of Directors, requesting the City waive the special event fee of $550
and rental of equipment fee of $832 (see attached letter). The Market provides their
own liability insurance (see attached). Leisure Services is also in receipt of their
recycling plan (see attached).
This matter is being brought before the City Council because Janesville Farmers
Market, Inc. does not meet Council Policy #87 for special event permit fee exemption.
cc: Eric Levitt, City Manager
Jay Winzenz, Director of Admin. Services
John Olson, Deputy Chief of Police
2
HUMAN RESOURCES DIVISION MEMORANDUM
March 28, 20111
TO: City Council
FROM: Leslie A. Bentz, Benefits & Risk Manager
SUBJECT: Supplemental Life Insurance
Executive Summary
As part of 2011-2012 contract negotiations with the Firefighters Local Number
580 Bargaining Unit, the City agreed to offer a supplemental life insurance
program to employees at their expense through payroll deduction.
Department Recommendation
This employee-paid benefit was mutually agreed upon during contract
negotiations with the Fire union. This contract was signed on February 16, 2011.
Therefore, I move the adoption of Council File Resolution No. 2011-781
authorizing the City of Janesville's joining and eligible personnel's participation in
the WRS ETF supplemental group life insurance program, effective forthwith,
solely at the employees' expense.
Assistant City Manager’s Recommendation
This was agreed to as part of the most recent contract negotiations and there will
be no City expense in offering this employee option. I concur with the
department recommendation.
Suggested Motion
Move to adopt File Resolution 2011-781
Background
The Fire Union was interested in an employee-paid mechanism that would fund
health plan coverage for spouses of retirees or current employees who pass
away. Currently, the health plan provides coverage for the surviving spouse of an
active or retired firefighter until the retiree or employee would have turned age
65, at the cost of the spouse.
The City proposed an employee-paid life insurance option as an economical
means to address the Union’s concern. The City does provide Basic Life
Insurance to all current full time and part time employees, which equals the
employee’s earnings reported to the Wisconsin Retirement System for the
previous year, rounded up to the next thousand.
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Discussion
The Wisconsin Department of Employee Trust Funds (ETF) offers a
Supplemental Life Insurance Program, which is an additional 100 percent of
employee’s previous year's earnings rounded up to the next thousand. The
bargaining unit agreed this was an acceptable compromise and would provide
the needed funds for a surviving spouse to continue to pay the full premium
amount for continued health coverage.
In providing this benefit, ETF requires that employers offer this benefit to all
eligible employees, and not to just a certain group of employees. Therefore, to
provide this benefit, the City must offer it to all eligible employees. Each eligible
employee may decide if (s)he would like to participate in the benefit. Eligible
employees are defined as all active employees who currently have Basic Life
Insurance.
Process
Upon the City Council’s adoption of this resolution, ETF will send enrollment
forms out to all eligible employees. The schedule is somewhat dependent on
their timing, but it is anticipated that we can begin deductions and have the
insurance effective in June 2011.
cc: Susan A. Musick, Human Resources Director
Eric J. Levitt, City Manager
Jacob J. Winzenz, Director of Admin. Services/Assistant City Manager
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RESOLUTION NO. 2011-781
A resolution authorizing the City of Janesville to join and allow eligible employees to participate in the ETF
WRS supplemental life insurance program at the employee’s expense.
Whereas
the Janesville Common Council, pursuant to the applicable provisions of Chapter 40 of the
Wisconsin Statutes now in effect and from time to time amended or renumbered, hereby determine, authorize,
and find it appropriate that the City of Janesville join and participate in, and that its eligible personnel be
included under, the following Group Life Insurance program(s) provided by ETF WRS, pursuant to Chapter 40
of the Wisconsin Statutes:
[X] Supplemental Group Life Insurance
Whereas
the proper officers and/or officials of the City of Janesville are herewith authorized and directed to
take all actions, make such deductions, and submit such eligible and participating City personnel payments as
are required, from time to time and at any time, by the Group Insurance Board of the State of Wisconsin to
provide such supplemental and/or other group life insurance, based upon the number of eligible employees
enrolling in this benefit; and
Whereas
the City of Janesville WRS Agent will submit a certified copy of this adopted Resolution to the State
of Wisconsin Department of Employee Trust Funds (ETF WRS).
NOW, THEREFORE
, the Common Council of the City of Janesville hereby authorize the City of Janesville and
the City’s eligible personnel to join and participate in the WRS ETF supplemental Group Life Insurance
program. Further, each of the above recitals is reiterated and included herein by reference as if fully set forth
verbatim.
Be It Further Resolved that the City Manager, City Clerk-Treasurer, and/or other City Manager designee(s), on
behalf of the Common Council and the City of Janesville, may take any and all actions, enter into such
additional agreement(s), and amend such actions and agreement(s) from time to time and at any time as may
be deemed necessary and/or desirable by the City Manager for the City of Janesville to join and provide this
benefit to the City’s eligible employees at their expense and/or so as to effectuate the intent and purpose of
this Resolution; and that the City Clerk-Treasurer position, and its incumbent and acting Janesville City Clerk-
Treasurer Jean Ann Wulf and her successors and her/their designee(s), be the City of Janesville WRS Agent
for purposes of this supplemental life insurance program and benefit.
CERTIFICATION [Required by ETF WRS]
I hereby certify that the foregoing Resolution is a true, correct, and complete copy of the original Resolution
th
duly and regularly passed by the Common Council of the City of Janesville, Wisconsin, on the 28 day of
March 2011; and that said Resolution has not been repealed or amended, and is now in full force and effect. I
understand that Wis. Stat. Sec. 943.395 provides criminal penalties for knowingly making false and fraudulent
statements on this form and hereby certify that, to the best of my knowledge and belief, the information is true
and correct.
Employer Identification Number (EIN) 69-036-0985
________________________________
Dated this 28th day of March 2011.
Jean Ann Wulf, Clerk-Treasurer, WRS Agent
18 N. Jackson St.
Number of WRS Eligible Employees: 444
Janesville, WI 53545
608-755-3000
wulfj@ci.janesville.wi.us
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Motion by:
ADOPTED:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
ATTEST:
Rashkin
Steeber
Jean Ann Wulf, City Clerk-Treasurer
Truman
Voskuil
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Human Resources
Prepared by: Human Resources & City Attorney
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DUM
ACCOUNTING DIVISION MEMORAN
March 18, 2011
TO: City Council
FROM: Patty Lynch, Comptroller
SUBJECT: Authorization for the City Manager to File a Simplified Water Rate
Increase with the Public Service Commission
Executive Summary
The proposed 2011 Water Utility budget included a recommendation to adjust
rates using the Simplified Rate Case Application and Procedure. On March 1,
the PSC announced that the 2011 rate increase factor was 3.0%, which matches
the approved 2011 operating budget.
A utility’s earnings are generally measured by a rate of return on the net utility
plant. The resulting customer rates are designed to recover operation and
maintenance expense, depreciation expense, taxes, and the rate of return. The
rate of return is used for payment of debt principal and interest payments and to
fund pay-as-you go equipment replacements and capital improvements
In order to maintain the financial integrity of the Water Utility, we have
determined that it is necessary to adjust our rate structure by increasing rates
3.0% effective during the second quarter of 2011 (upon issuance of the PSC rate
order). These actions will permit the Utility to generate a return of 3.4% on its net
investment in plant and infrastructure assets and will generate an additional
$202,000 of annual revenue.
Staff Recommendation
Staff recommends filing the Simplified Rate Increase.
Assistant City Manager Recommendation
I concur with the staff recommendation
Suggested Motion
Move to authorize the City Manager to file a Simplified Rate Case Application
with the Public Service Commission increasing water rates 3.0%.
Background
In 2009, the Water Utility was granted a rate increase, which was intended to
permit the Utility to earn a 5.35% rate of return on its net plant investment.
Although 5.35% was authorized, the Water Utility’s actual rate of return was
2.16% in 2010 (unaudited). The rate of return is lower than anticipated because
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the water sales were 13.7% below projections. This revenue shortfall restricts the
Utility’s ability to meet our current debt service requirements.
The City of Janesville is eligible for a Simplified Rate Increase which would allow
the City to implement a portion of the required rate increase more quickly. The
City would be eligible for a 3.0% increase effective 45 days after the application
was filed with the PSC. This would increase the average residential bill by $1.23
per quarter.
Analysis
Currently, the average residential customer’s quarterly utility bill is $120.40,
which consists of a $35.85 charge for water, $4.90 for public fire protection and
$79.65 for wastewater. The following table compares our current average utility
bill to that of our peer cities.
WATER AND WASTEWATER RATE COMPARISON
PEER CITY COMPARISON - 10/15/2010
TOTAL PUBLIC FIRE TOTAL GRAND
CITY WATER/QTR PROTECTION/QTR WASTEWATER/QTR TOTAL
Fond du Lac $152.75 $18.00 $135.25 $306.00
Appleton $121.10 $14.58 $61.35 $197.03
Oshkosh $100.25 $5.50 $84.00 $189.75
Beloit $50.90 $11.94 $92.65 $155.49
Waukesha $66.16 $12.45 $76.40 $155.01
Green Bay $62.00 $7.20 $68.15 $137.35
Racine $62.75 NC $71.00 $133.75
Wausau $56.00 $8.70 $65.76 $130.46
Eau Claire $54.35 $9.60 $64.84 $128.79
Manitowoc $43.70 $8.40 $72.67 $124.77
Janesville - Current
$35.85 $4.90 $79.65 $120.40
Kenosha $54.21 $7.86 $55.48 $117.55
Sheboygan $39.25 $7.65 $59.42 $106.32
La Crosse $35.25 NC $39.85 $75.10
AVERAGE PEER CITY $69.13 $10.17 $72.83 $150.57
Janesville - Proposed $36.93 $5.05 $79.65 $121.63
(Based on average residential quarterly consumption of 2,500 cubic feet and a
5/8 inch meter)
When compared to our peer cities, our current rates are very reasonable. The
proposed water rate increase equates to a 1% increase on the average Water
and Wastewater Utility bill.
Cc: Eric J. Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services
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