Cheese

The City Manager’s role could be defined as Medium Cheddar which is the area between new and aged cheddar cheese. Mild and Sharp cheeses have completely different tastes, Councils and staffs have completely different roles and views. City Managers are involved in facilitating vision, building community, developing policy concepts, championing ethics and being a social reformer with the council. The City Manager then becomes involved in translating the “policy message” from the Council level into clear, actionable and passionate implementation strategies that align with the staff’s culture, performance targets, output capacity and real-life challenges that staff runs into every day.  You have to be the one that can turn their “I can’t” into “I know how.”  To be translator, advocate, driver, caring mentor, performance monitor, communication specialist, planner, and the thousand other roles necessary to keep two very diverse team elements functioning.

COUNCIL

As with any goal oriented organization, the performance of a municipality is based on its ability to function as a team. The council-manager form of government was designed to blend the political and administrative realms into a team by reducing the system of checks and balances that characterize our state and federal governments, where separation of legislative and executive powers is valued. The relationship between the manager and the elected officials sets a tone for the entire municipality. Although some elected officials prefer to be combative and attempt to frustrate the team relationship between and among members of the council and between the council and the staff, it is critical that the manager prepare the council for this role.

The Council’s role expectations, decision making process and program performance evaluation system will define the quality of the municipal organization. The Council’s roles within an effective team are as political values advocates, policy-makers and feedback system.

Secret Knowledge

Today I read about secret knowledge. I find that secret knowledge and the illusion of knowledge are very similar yet different. The illusion of knowledge is a lack of understanding the facts, secret knowledge is a deliberate ignoring of the facts and or creating stories that project your solution without any intention of using the truth. More information and less fact makes for strange decisions.

Advocate

Political conversations are about "What did you hear?" Frequently this focuses the political conversation on a story. Stories are very important to politics because politics and community building are about values. In the role of advocate, what council members say is often more important to the community than what they know or what they have accomplished. The stories that council members choose are about the values they want to convey to diverse groups throughout the community. That's what stories do. They convey symbolically how people feel and what they value. Staff can write a paper about program accomplishments, or a Council member can tell a story about someone leaning on a shovel. The former is a administrative exercise; the latter is a political one.

Imagine you are a council member who has received a request for a crosswalk from a group of senior citizens living in subsidized housing. They indicate in their handwritten letter that they cannot cross the four-lane street in front of their apartment building to go to the library or the grocery store. The request is processed routinely by the city's traffic engineer. Based on traffic counts, site distances, accident history and other objective criteria in the traffic manual, the engineer recommends against any traffic control at the intersection. So far, this seems like one of those evidenced based decisions typical of good decision making.

Then, you as a council member are invited to the apartment building to meet with the residents. What you learn is the story behind the request. They tell you that for the elderly, dignity is tied to their mobility and independence. Not being able to cross this street confirms their worst fears, and they seem to be asking, "Isn't it appropriate for the city government to help the older citizens in this community maintain dignity in their lives?"

The evidenced based decision just turned political. It's not that the staff was wrong. Their role and orientation are to recommend hard, objective facts instead of sorting out the values. One of the Council members’ roles is to be a values advocate by using the evidence in combination with social values to make a decision reflective of the community.

The example above depicts the differences in politics and administration as contrasting ways of thinking about problems due to differences in logic. Political logic is different than administrative logic, but is just as important. This means that the council’s role of cultural and political values advocate requires a  team problem solving process that allows administration to re-focus on the desired outcome rather than the most efficient outcome.

Illusion of Knowledge

Have you ever been with someone at the coffee shop or restaurant and they knew how to fix a government problem based on their personal knowledge of the subject? They may have read a portion of the local newspaper article or driven by the project and they now understand more about the issue than the engineers, planners and managers who developed the project. The illusion of knowledge is when people mistake their personal knowledge for a deep understanding of the problem.

The "illusion of knowledge" is the when people think they have a better understanding of something than they actually do. This leads them to think they are more skilled or knowledgeable than they actually are and this permits them to have greater confidence about information than the facts justify. Truth is not defined by how many people believe something but by the proper application of fact. Still, people allow superfluous or idiosyncratic knowledge to create a confidence that tends to overrule statistics and facts.

Being a Manager

A Friend sent me this: I once worked for a very talented city manager who lasted 12 years in an environment dominated by two esteemed Greatest Generation council members. The manager was thought highly of by the employees and wanted to raise his large family in a good school system. He had no thoughts of leaving. When his mayor died in office, that last link to a more mature council chamber lasted almost two years, or one election cycle. The manager suffered his first termination in 22 years. From this experience evolved my theory of The Sandbox Syndrome: Our culture may allow people to attain positions of power and authority with the very same emotional tools they had when they were 6 years old and refused to allow the 8-year-olds into their sandbox.

Tis the Season

ELECTION SEASON

With the 2014 election season approaching it is important to remember that City Managers should not use public resources to invite Council members or other city employees to attend political campaigns or meet and greets when requested to do so by third parties, nor should they attend them themselves.   Neutrality is essential.  Attendance to any politically affiliated event portrays a small act of political activity and appearance can display support.  In the election season, it is also not a staff function to research and analyze information generated by third parties on candidates to determine if it’s factual.  We recommend you decline any requests as it, too, is not an appropriate use of public resources (i.e. time). Finally, all that put aside, local government professionals do not lose their right to voice opinion by virtue of the job.  They should refrain from political activities that undermine public confidence in professional administrators.

REPORTING WRONGDOING

There is a cost to silence.  It is better to address concerns peer-to-peer and intervene early for the best possibly outcome.  There is professional accountability to reporting wrongdoing and value in self-policing.  As a City Manager, there is a personal responsibility to prevent damage to the reputation of other professionals and the profession.

JOB HUNTING

When searching for new employment, there are three important actions to abide by:

1.      Create Accurate Resumes: This means including all short tenures, not misstating credentials, and not exaggerating or “hiding” employment history.

2.      Practice Candor: Be forthcoming in your history.  Demonstrate honesty upfront then when a background check has already ensued.

3.      Be a free Agent: You are under no ethical obligation to tell your current employer that you are looking elsewhere.  Nevertheless, do not burn bridges.  It is a courtesy to provide advance notice to them before news begins to leak.

When being offered a new job, do not entertain a counteroffer from your former employer.  It reflect bad form and poorly on the profession.

REAL WORLD ETHICS

ICMA Code of Ethics does not cover spouses.

Remember, while advocating for a candidate may not be allowed, advocating for an issue is.

Dog Daycare CUP

The parcel in question is 807 Elm Street. The parcel is currently accessed from a shared driveway on Main Street just north of Tyranena Veterinary Clinic at 805 N. Main Street. The petitioner is requesting approval to use the building as a dog daycare facility and related site activities. The subject lot and building are currently leased to users who would move into another building at the site. The currently use is commercial and zoned B-4, Low Impact Commercial District and the proposed use is permitted by Conditional Use under the Zoning Code. 

A Public Hearing concerning the requested Conditional Use Permit was held on November 26, 2013, after due notice, to solicit testimony from the public; and the Plan Commission reviewed the evidence and testimony submitted at the public hearings and considered all of the available factual evidence concerning the requested action. The Plan Commission recommended that the City Council grant said Conditional Use Permit for the subject site with the conditions listed in the planner’s memo. The planner’s memo and the applications are included in the packet.

The adoption of this resolution awards the conditional use permit.

LMC CUP

The parcel in question is 375 W. Tyranena Park Road. The parcel is located on W. Tyranena Park Road just north of Rock Lake Cemetery. The petitioner is requesting approval of a freestanding sign as required by the Lake Mills Zoning Code in the PB, Planned Business District. 

A Public Hearing concerning the requested Conditional Use Permit was held on November 26, 2013, after due notice, to solicit testimony from the public; and the Plan Commission reviewed the evidence and testimony submitted at the public hearings and considered all of the available factual evidence concerning the requested action. The Plan Commission recommended that the City Council grant said Conditional Use Permit for the subject site with the conditions listed in the planner’s memo. The planner’s memo and the applications are included in the packet.

The adoption of this resolution awards the conditional use permit.

Municipal Dam Grant

The State’s 2013-15 Biennial Budget provided $4 million for Dam Grants, of that, approximately $3.5 million has been committed to fund eligible engineering and construction costs associated with the maintenance, repair, modification or abandonment and removal of municipally owned dams. The updated Municipal Dam Grant Application Form 3500-088 (Rev. 8/13) and instructions have been out since August 21, 2013. The grant application deadline is January 22, 2014.

The Municipal Dam grant program provides a cost-sharing opportunity for eligible engineering and construction costs for dam maintenance, repair, modification or abandonment and removal up to a maximum of $400,000. Funding sources outside the applicant's own resources can be used toward the local match for this grant.

A fully completed application and all required attachments must be received on or before close of business on January 22, 2014 in order to be considered for funding.

Applications are scored based on the following program criteria, as defined in the application:

• dam size;
• dam hazard potential based on existing land use;
• land use controls in place in the hydraulic shadow;
• dam repair costs;
• financial need of the municipality; and
• stream navigability.

Applications are ranked based on score. Beginning at the top of the ranked list, DNR will award grants until all funds are exhausted.
Projects on the rank list-but not funded will be considered in subsequent grant funding cycles should additional funds be made available by the Legislature or returned from completed projects.

This resolution authorizes the City Manager to apply for the grant and sign required documents.

Today's Quote

Do what you feel in your heart to be right - for you'll be criticized anyway. You'll be damned if you do, and damned if you don't.    Eleanor Roosevelt

Today's Quote

Whether you’re right or wrong doesn’t always matter. It’s important to stick to your principles. Don’t be persuaded or compromised. Do what’s right and you’ll always come out on top. Don’t be afraid to make the tough decisions and don’t be afraid to move on – those are the choices that build your character and will make you a better manager.

 Thomas Hoover

The Job

The job of City Manager is very public. The job is like playing a violin solo in public while learning the instrument (Samuel Butler). The desire to do the best job possible is difficult enough as information changes on a daily basis and there is a constant stream of made-up or misinterpreted facts used to evaluate your violin solo. The unrelenting muckraking is draining and can lead to apathy and cynicism.
Small organizations lack the resources to counter the seemingly limitless muckraking of individuals. While quick communication is an effective tool, how and who presents the information can be as important as the information.
All in all, the hope that you will be able to continue the violin solo is what motivates the desire to stake higher ground while continuing to become better. I am a child of God and should act as such.

Water Tower

Introduction
The City received a proposal regarding the purchase on a portion of a lot located on Tower Street. The parcel is located on south side of Tower Street east of Ferry Drive adjacent to the lot owned by the Light and Water Utility. The Public Works Board is being asked to make a recommendation on the purchase of the property.
Context
The City Light and Water Utility owned a multi-column water tower on the south side of Tower Street east of Ferry Drive at the dead end above Campus Field. The tower was constructed in 1957 by Pittsburgh-Des Moines Corporation. The tower had a capacity of 250,000 gallons of approximately 130 feet.

In 1995, the City took bids to remove the existing paint and repaint the tower. The low bid was $197,000. The paint on the tower contained lead and conditions with regard to space to remove the lead paint from the tower made the cost of repainting the tower 50% of the cost to constructing a new tower.

After an in depth analysis of the tower’s condition, it was determined that the remaining life of the tank, cost of repainting, need for additional storage and the need for a larger site were listed as reasons for constructing and new tower and removing the old one.

The old site had several advantages and was considered a valuable site for a water tower if more space could be acquired.
Issue
The Homann’s are offering a portion of parcel 246-0713-1144-064 to the City Light and Water Utility for $38,181.92. The parcel is 129.08’ x 66.01’ or total square feet of 8,520.57. The portion being offered is 129.08’ x 56’ or 7,228.48 square feet.

The Light and Water Utility owns the lot immediately to the east. The lot is 10,367.28 square feet. The Utility owned lot has unusual dimensions (127.66’ deep and 64.37’ wide on the south end and 132.84’ wide on the north end. The additional 7,228.48 square feet would make the lot a better option for future use as a water tower site.

The Water Utility has the poorest financial position of the three utilities. The additional cost of the lot combine with future expensed on major project will significantly increase the debt burden of the Water Utility.

The Utility may never have another opportunity to acquire space for future use of the site as water tower. The risk is that if the site is purchased and at some point it’s determined that the site still isn’t viable for the type of structure to be built. In the long run, real estate is still a pretty safe investment.

It would be advised to have the engineer’s do some level of assessment to determine if this proposal has any value to the utility at this time.

USA Soccer

Olbermann's interpretation of Grant Wahl's tweet about the Costa Rican's refusing to provide soccer balls to the US team for practice, "the Costa Rican's have no balls." Keith still has great insight.

Ordinace Changing Residency Requirements

Residency rules that require a public employee to live within the jurisdiction have come and gone since the 1800s. The political machines of several American cities used similar requirements to give jobs to their friends and supporters in the late 1800s. As the progressive movement swept the country in the early 20th century, many jurisdictions did away with the requirement of having to live in the community to be hired, arguing that the best person for the job should be hired regardless of where they live as long as they moved to the community after they were hired. In the 1960s and 1970s, residency requirements made a comeback as many municipalities, mostly financially struggling cities, were looking to boost their economy and provide opportunities to minority residents. By the mid-1990s, almost all requirements fell out of favor as the middle-class increasingly moved to the suburbs and cities struggled to recruit good employees.

In the years of their revival, municipal employees and their union groups looked to the courts to strike down municipal residency requirements under the equal protection clause of the U.S. Constitution and under the recognized constitutional right to travel and move freely across jurisdictional lines. In their decisions, courts have had to decide the balance between the personal interests of public employees and the public interests of government and its citizens. The U.S. Supreme Court and various state courts have tended to uphold the constitutionality of the municipal residency requirements, generally siding with the public interests of government and its policy reasons for such requirements. Specifically, the U.S. Supreme Court has ruled that residency requirements do not infringe on an employee's constitutional right to travel and in effect has maintained that there is no constitutional right to government employment. While some decisions have placed specific limitations on residency requirements, the ability to impose those requirements has remained. 

The Governor, as part of the most recent State Budget, recommended prohibiting local units of government from passing ordinances or other policies which require residency within the jurisdiction of the local unit, unless as required by state law. The new approved State Budget disallows local units of government, except as required under state law, from instituting or enforcing residency requirements on current or prospective employees.

This ordinance brings the City into compliance with the new State law. 

Reality

Someone came to the office the other day and offer to raze a building for us. They indicated that the methods they used would save us on our income tax. When they were informed that we don't pay income taxes, they were dumbfounded. Really... what school did you attend? Eighth grade social studies should have provided you with all the information you needed. It reminds me of the time we eliminated the funding for lifeguards at the beach. A person want us to keep the lifeguards. When we asked if they were willing to pay a higher tax to maintain lifeguards - they said "no". When asked how the lifeguards would be fund, they said " have the government pay for it."
I forget - who is the government?

Signs, sign everywhere signs

INTRODUCTION

The purpose of this memo is to provide background information on general directional signage for local businesses. For this discussion, signs can be broken down into two categories: permanent signs and temporary signs. Permanent signs are those intended to last for a long time in a fixed location. Temporary signs are those intended for a finite time period and may be mobile. Temporary sidewalk signs appear to be the key contributor of the City’s recent uptake in sign issues. The Code requires sidewalk signage have a permit, is only allowed in the B-1C District, must comply with the design standards of the Downtown Design Overlay District and the Visibility Standards. The sign must be on the sidewalk adjacent to the business property and may not be affixed to a permanent structure. Many of the current signs being placed in the right of way currently fail to meet many of these requirements.

Recently business owners outside the main business district have struggled with how to attract business in stressed economic times. Temporary signage, specifically A-frame signs, has been suggested by some representatives of the business community as a business friendly solution that the City should consider in light of the current economy. The use of temporary A-frame signage with a changeable message has been presented by some businesses as a very effective means of advertising. For local businesses, the improvement in visibility and customer awareness may help increase store traffic and result in increased sales.

This agenda item is placed at the direction of the Council President for discussion by the Council.

ESTABLISHING CONTEXT

Temporary signs can be broken down into several categories: those allowed in residential v.commercial/industrial areas, and those allowed on private property v. within a public right-of-way.

The Code allows the B-1C commercial zone to have temporary sandwich board signs in the in the right of way adjacent to the commercial use. They are allowed only during business hours, limited to two per property frontage (per street), may be placed on a sidewalk provided reasonable clearance is available for pedestrians including ADA requirements. A permit is required. These signs were not intend as off premise directional signs.

Several businesses have started to use temporary signage in the right of way for off premise directional signage. The Zoning Inspector has been receiving complaints about a specific sign placed in the downtown right of way for several months. He had been working with the sign owner regarding placement and had problems maintaining compliance. The Council President asked the City Manager to assist in enforcing the sandwich board signage regulation. I personally removed some signage and after discussions with the Zoning Inspector and Police Chief, had police officers authorized to remove illegal signage. The business owners who were using the illegal off premise signage are now complaining about the city’s enforcement of the signage regulation.

The primary philosophy of zoning enforcement in Lake Mills has been enforcement by complaint. There is no staff inspection time scheduled to do a systematic discovery of code violations. This requires the residents to know and report zoning violations. Once there is a complaint, there is an attempt to confirm the violation and initiate enforcement. This approach does not generally provide consistent, equitable or fair enforcement. Many times the complainant considers an issue a code violation when it is not and has expectations of staff that cannot be fulfilled. The complaint system encourages retaliation, neighborhood fights and lack of expectations of zoning benefits. The business owners complain most about equity of enforcement of the sidewalk signs.

The issue the Council is being asked to resolve is rewriting the Code to allow off premise sidewalk signs. The current Code does not allow any off premise signage. It also requires specifically designed sandwich boards which are not followed regularly. Off premise signage is not allowed by the State in the right of way of a state highway. Wisconsin §86.04 states “If any highway right-of-way shall be encroached upon, under or over by any fence, stand, building or any other structure or object, and including encroachments caused by acquisition by the public of new or increased widths of highway right-of-way, the department, in case of a state trunk highway, the county highway committee, in case of a county trunk highway, or the city council, village or town board, in case of a street or highway maintained by or under the authority of any city, village or town, may order the occupant or owner of the land through or by which the highway runs, and to which the encroachment shall be appurtenant, to remove the encroachment beyond the limits of the highway within 30 days. The order shall specify the extent and location of the encroachment with reasonable certainty, and shall be served upon the occupant or owner of the land through or by which the highway runs, and to which the encroachment shall be appurtenant.” Encroachments may include, but are not limited to, improperly located mailboxes, trees, signs, crops, fences, headwalls, etc. The issue was addressed when the wayfinding sign policy was passed in 2007.

The directional signage could be placed in City right of ways if the Code were changed by the Council. The problem is that signs propagate signs. The posting of signs at the intersection of Main and Lake Streets has resulted in others doing the same. The area becomes cluttered with signs that cause problems for the businesses at the intersection, traffic using the intersection and pedestrians. It also results in trash. Even if temporary signs for community businesses are allowed only, that may be a catalyst for others who seek general advertisement. Experience shows when one sign is placed on a corner, others also follow, detracting from the overall character of the community.

The temporary signs will encourage other types of illegal signage as businesses compete for value advertising frontage. The history of sign regulation has led to the standard of on premise signage requirements to reduce the competition for prime advertising space. There are few prime advertising spots in Lake Mills and eventually the locations will become cluttered and cause problems for the businesses actually located in these areas. A crucial goal of all businesses is to have the opportunity to advertise in a prime location to entice customers into their store. The standard process for controlling the demand is purchasing the location or space from the owner for advertising. The problem of allowing public space used freely is defined in the Tragedy of The Commons. The questions start with how many signs can be placed at these space limited locations. Who gets to use of the free public benefit or who gets the most use? What other purposes, such as, pedestrian and bicycle traffic, traffic control signage, and access to the businesses at those locations will be impaired. Will public safety be impaired as the clutter begins to create traffic confusion, distraction and visibility issues? Again, experience has led most cities and states to prohibit signs in the right of way.

The picture below is an example of sign creep; illegal sandwich boards, banners and posters can become an enforcement issue with businesses complaining about the equity of enforcement and that the city isn’t business friendly.

Temporary signs also have a tendency to become refuse left in the street. The photo below is not an uncommon event.

RECOMMENDATION

The City’s Code is clear on the use of temporary signs and when enforcement is driven by a complaint, it must be enforced equitably. The sign regulations consider sign design, aesthetics and location as an integral part of a development. Temporary signage, when allowed, is regulated as to size, location, duration of display, attachment, quantity and maintenance. It may be considered Misconduct in Public Office to direct a staff member to intentionally fail or refuse to perform a known mandatory, nondiscretionary, ministerial duty of the officer's or employee's office or employment within the time or in the manner required by law.

The policy question is whether during periods of special economic circumstances, the City can balance the general public interest for safety, aesthetics, compatibility, and wayfinding against the economic interest of business. During suspension of certain signage regulations there is a possibility that overall community aesthetic values are eroded. Consideration of allowing sandwich boards should include whether the deviation from adopted standards would enhance economic value in the community and whether those values outweigh aesthetic values. Do A-frame signs increase the visibility of a business and thereby serve to improve the financial condition and interests of individual businesses?

Are sandwich board signs the only solution for these businesses? “Put Your Best Sign Forward,” an article that appeared in the March/April 2005 Alliance Review, provides examples of effective and ineffective signage. The main example on the front page of the magazine shows a sandwich board sign and a cluttered storefront as compared to a storefront with interesting window displays that are intended to catch the eyes of passersby.

The Plan Commission must review and recommended changes to the zoning code.

Standard Drain

The city has a set of standards it provides to engineers designing capital improvement in the City. The street and drainage improvements are usually combine with the water and sanitary sewer improvements to result in minimal pavement replacements. The specific purpose is to provide information required to prepare construction plans for the City’s capital projects. The design standards cannot separate street design from the drainage design because the street is a significant part of the drainage system.

The closed underground drainage system of a street is generally designed to a storm frequency based on rainfall intensity and flow concentration. The design varies based on peak runoff conditions and infrastructure type being built, but ultimately the goal is for the total right of way to be designed to handle the 100 year storm. The design of the street should have the edge of the right of way below the first floor elevation of the buildings along the street. The sidewalk and tree lawn should have a grade that runs towards the street. The curb allows the flow off the tree lawn and into the gutters which deliver the water to the closed underground system. The street pavement is also designed to move the water to the gutter and to the closed underground system. If the storm intensity and concentration exceeds the closed underground system, the right of way, the area from property line to property line will hold up to sixteen inches of water at the streets low point.

The design generally has an overland swale in the low area that will deliver water exceeding the right of way capacity to an open drainage system. The open systems in the City are generally detention ponds, ditches, the creek or lake.

Leadership and Culture

The constant shifting on leadership philosophies has brought us to servant leadership. With people changing their leadership styles every couple of years we become nothing more than dust in the wind. So, is servant leadership a significant change from existing leadership styles or just a slight modification?

Participatory leadership is a style of management where decisions are made with the most feasible amount of participation from those who are affected by the decisions. Participative leadership, as servant-leadership, incorporates the leader’s ability to “include, discuss, take ideas, look for ways to help people come on board, and celebrate every success that comes along”

Good leaders carry qualities of the servant leader, the ethical leader, and the situational leader. Servant leaders place more focus on personal and professional development of the stakeholders and followers. This quality is an important element in situational and ethical leaders as well. The highest value of servant leadership has to be the culture established within the organization.

An effective situational leader adjusts to the leadership demands of the situation and then hopefully a culture of people looking out for other people will be ready to step up when they are needed and most importantly, take responsibility for their actions. “A good leader develops the competence and commitment of their people so they’re self motivated rather than dependant on others for direction and guidance” ” (Hersey, p.91).