062308 CC WS AgPCITY OF SHOREWOOD
CITY COUNCIL WORK SESSION
MONDAY, JUNE 23, 2008
AGENDA
1.
2.
3.
4.
5.
6.
7.
CONVENE CITY COUNCIL WORK SESSION
A. Roll Call
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
6:00 P.M.
Mayor Lizee
Woodruff
Turgeon
Bailey
Wellens
B. Review Agenda
IMPLEMENTING AN ADMINISTRATIVE ENFORCEMENT PROCESS (Att. -Planning
Director's memorandum)
BUDGET SCHEDULE - 2009 BUDGET KICK-OFF (Finance Director's memorandum)
WATER DISCONNECTION POLICY (Finance Director's memorandum)
CITY ADMINISTRATOR PERFORMANCE REVIEW FORM (Att. -Acting
Administrator's memorandum)
OTHER
ADJOURN
SHOR~WOOD
5755 COUNTRY CLUB ROAD ®SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236
FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us
MEMORANDUM
TO: Mayor and City Council
FROM: Brad Nielsen/Tim Keane
DATE: 19 June 2008
RE: Administrative Enforcement -Code Violations
FILE NO. 405 (Admin)
Staff has advised the City Council on several occasions that the present system of
code enforcement is extremely costly and time-consuming. Nothing illustrated this
better than the Phiilippi zoning violation that has dragged on for nearly a year and
cost thousands of dollars in staff time and legal fees. Staff suggests there is a better
way.
Several cities in Minnesota have initiated systems of administrative citations and
penalties. In brief, they write tickets for certain levels offense and impose local fines
for code violations. Rather than pursuing a violator through the district court system,
the City appoints a hearing officer to conduct, essentially, a city court. This process
avoids to a large degree, the need for lawyers by either the City or the violator.
The issue of administrative enforcement is discussed in a paper, dated 14 November
1996 (this has been around a while), by the League of Minnesota Cities (see Exhibit
A). One city that has implemented this type of process with some success is
Minnetonka. Its program is set forth in its City Code, an excerpt of which is attached
as Exhibit B.
This topic has been scheduled for Monday night's work session. Staff will be
prepared to answer questions and elaborate on how such a program might work in
Shorewood. We do not suggest this is some sort of panacea, but we have to do
something different than we are doing now.
Cc: Larry Brown
..
:®a0 PRINTED ON RECYCLED PAPER
Administrative Penalties in Minnesota
ACBA, Government Section
Administrative Penalties in Minnesota
by
Kent Sulem, LMC Codification Attorney
November 14,1996
I. Definition: For the purpose of this paper, "Administrative Penalties" shall mean a
system of citations and fines imposed and administered by a city for the
violation of local ordinances. An opportunity for a hearing before a
designated city hearing officer shall be given before any such penalty is
imposed.
II. Purpose: The general purpose of administrative penalties is to offer a more effective
and efficient alternative to formal court proceedings (i.e. misdemeanor
prosecutions} for certain types of offenses. On an increasing basis, city
prosecu#ors are finding judges unwilling to hear a trial over what are
perceived to be minor problems, or if a trial is conducted, only nominal
penalties are imposed, often not enough to justify the expense of the
prosecution. Further, court proceedings are intimidating to the accused,
and in some circumstances, even just the threat of jail time may be to
severe a penalty for certain types of offenses, even if the prosecutor knows
it will never be imposed, thus discowaging enforcement of the ordinance.
III. Advantages: -Less Costly
- Less intimidating
- Fosters better relations
- Better compliance rates
- City maintains control
IV. ~ Authority: There is no express authority for administrative penalties. It is generally
accepted, however, that the power to adopt ordinances inherently implies
the power to enforce them. (For a general discussion on the scope of
authority for imposing penalties for ordinance violations, see 5 McQuillin,
Municipal Corporations § 17 and 56 Am. Jw. 2d Municipal Corporations
§ 343-427.)
Statutory cities are authorized to impose up to a misdemeanor violation for
ordinance offenses (Minn. Stat. § 412.231). A general legal principal is
1 of 1
Exhibit A
Administrative Penalties in Minnesota
. ACBA, Government Section
November 14,1996
that the authority to do the greater implies the authority to do the lesser.
Under Minnesota law, a misdemeanor carries a maximum penalty of up to
$700 and/or 90 days in jail, plus the cost of prosecution. Thus, as long as
the administrative penalty sought is less, there is implied authority to
impose it.
The real question becomes, what level of penalty can be imposed and still
be less than a misdemeanor. A straight fine of no more than $700 would
satisfy the test, but the answer is less clear when fines exceed $700.
Because jail time is possible, misdemeanor prosecutions aze considered
criminal in nature. Thus arguably as jail time is not involved and the
offense would not be viewed as criminal in nature, any administrative fine
could be considered less than a misdemeanor. In any case, however, the
fine would have to be reasonable and proportionate to the nature of the
offense. Excessive penalties can invalidate an ordinance.
Home rule charter cities are not bound to the statutory cap of Minn. Stat. §
412.231 and thus appeaz to have even stronger arguments in favor of
® authorizing administrative penalties. Such authorization, however, would
have to be contained in the city's charter, and thus a charter amendment
may be required.
V. Common
Concerns: Because there is no express authority for administrative penalties, and
because there have not yet been any test cases on this matter some city
attorneys are reluctant to advise their cities to adopt such penalties. While
the League of Minnesota Cities encourages caution, the consensus of
League attorneys who have looked at this issue, as well that of a random
survey of city attorneys who have dealt with it, is that there are strong
enough azguments in favor of the authority to impose such penalties.
Further, the risk of damages being awarded against a city from the use of
such penalties appears to be nominal. The Minnesota Attorney General
has also indicated his support far the use of administrative penalties.
Nonetheless, these concerns need to be considered so that each city
attorney can determine his or her comfort level in advising their individual
city councils. The following aze some of the most common concerns and
the best argument a city could make in defense of administrative penalties:
i 2 of 2
Administrative Penalties in Minnesota
ACBA, Government Section
November 14,1996
Concern City Argument _
Lack of Authority See section IV above '
Infringes on Courts exclusive realm of Cities act in quasi judicial roles in many
adjudication in violation of the Separation of situations such as zoning, license revocation,
Powers of both the State and Federal etc. In addition, administrative fines have
Constitutions. been issued by other entities such as OSHA
and DOER for many years without successful
challenge. Specific authority exists for fines
for liquor violations and limited other local
offenses. (Minn. Stat. 340A.304)
Equal Protection Challenge by indigent This is more an issue of implementation than
unable to pay fine {particulazly if violator has a per. se constitutionality risk. Cities
option to demand court process). imposing administrative penalties would need
to make reasonable accommodations for those
unable to afford the fine. Such
accommodations could include allowing
monthly installment payments. As long as
the city is reasonable, there should be no
problem of equal protection. (see Smith v:
State 301 Minn 455, 223 N.W.2d 775 (1974))
VI. .Key Elements: - Designate a hearing officer or panel
- Provide for notice requirement in the citation issued
- Make hearing process clear
- Avoid excessive fines (consider fine schedule)
-Provide for right of appeal
- Specify Exceptions
- (Opt-out provision)
- Provide hearing officers with clear guidelines and instruct on the
importance of good findings of facts
VII. Enforcement: -Conciliation Court
-Debt Collection Service
- Penalty for late payment
- Separate offense for failure to pay fine
•
3 of 3 •
Administrative Penalties in Minnesota
® ACBA, Government Section
November 14,1996
- Misdemeanor prosecution of original offense
- Suspension or no renewal of related business license
- (Assessment}
VIII. Legislative Action: - 1995 Legislative consideration
- 1997 NEAC proposal
L
4 of 4
Page 1 of 5
1310.010. Penalties.
1. A person who violates section 1310.005 is guilty of a misdemeanor and upon conviction will be
punished in accordance with state law; provided, that if a different punishment is stated in this code, that
provision governs the punishment for the violation.
2. Designation as a petty misdemeanor means that upon conviction the sentence will be in accordance
with state law. If not designated as "petty misdemeanor," a violation is a misdemeanor as set forth
above in paragraph 1.
3. Each calendar day that section 1310.005 is violated constitutes a separate offense.
4. A person who violates section 1310.005 must pay twice the applicable fee related to the violation.
5. A violation of section 1310.005 constitutes sufficient grounds far denial of an application required
by this code that is related to the violation.
6. Action prohibited by section 1310.005 may, at the option of the city, void a city approval that is
related to the violation.
7. .The city attorney may institute a legal proceeding in the name of the city of Minnetonka to prevent,
restraui, remedy, or abate a violation of section 1310.005.
8. Nothing in this section prevents the city from taking other action permitted by law, and the
penalties and remedies provided here and under other law are cumulative.
(Amended by Ord. #2006-09, adopted May 8, 2006)
1310.015. Administrative Citations and Civil Penalties.
Sections 1310.015 through 1310.055 govern administrative citations and civil penalties for violations of
the city code.
1310.020. Purpose.
The city council finds that there is a need for alternative methods of enforcing the city code. While
criminal fines and penalties have been the most frequent enforcement mechanism, there are certain
negative consequences for both the city and the accused. The delay inherent in that system does not
ensure prompt resolution. Citizens resent being labeled as criminals for violations of administrative
regulations. The higher burden of proof and the potential of incarceration do not appear appropriate for
most administrative violations. The criminal process does not always regard city code violations as
being important. Accordingly, the city council finds that the use of administrative citations and the
imposition of civil penalties is a legitimate and necessary alternative method of enforcement. This
method of enforcement is in addition to any other legal remedy that maybe pursued for city code
violations.
1310.025. General Provisions.
1. A violation of a provision of the city code or the acts prohibited in section 1310.005 is an
administrative offense, that maybe subject to an administrative citation and civil penalties. Each day a
Exhibit B
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Page 2 of 5
violation exists constitutes a separate offense.
2. An administrative offense may be subject to a civil penalty not exceeding $2000.00
3. The city council must adopt by resolution a schedule of fines for offenses initiated by
administration citation. The city council is not bound by that schedule when a matter is appealed to it
for administrative review. The city council may adopt a schedule of fees to be paid to administrative
hearing officers.
4. The city manager must adopt procedures for administering the administrative citation program.
1310.030. Administrative Citation.
1. A person authorized to enforce provisions of the city code may issue an administrative citation
upon belief that a code violation has occurred. The citation must be issued in person or by mail to the
person responsible for the violation or attached to the motor vehicle in the case of a vehicular offense.
The citation must state the date, time, and nature of the offense, the name of the issuing officer, the
amount of the scheduled fine, and the manner for paying the fine or appealing the citation.
2. The person responsible for the violation must either pay the scheduled. fine or request a hearing
within seven days after issuance. Payment of the fine constitutes admission of the violation. A late
payment fee of 10 percent of the scheduled fine amount maybe imposed under section 1310.050.
1310.035. Administrative Hearing.
1. The city council will periodically approve a list of lawyers, from which the city manager will
randomly select a hearing officer to hear and determine a matter for which a hearing is requested. The
accused will have the right to request no later than five days before the date of the hearing that the
assigned hearing officer be removed from the case. One request for each case will be granted
automatically by the city manager. A subsequent request must be directed to the assigned hearing
officer who will decide whether he or she cannot fairly and objectively review the case. The city
enforcement officer may remove a hearing officer only by requesting that the assigned hearing officer
find that he or she cannot fairly and objectively review the case. If such a finding is made, the officer
shall remove himself or herself from the case, and the city manager will assign another hearing officer.
The hearing officer is not a judicial officer but is a public officer as defined by Minn. Stat. § 609.415.
The hearing officer must not be a city employee. The city manager must establish a procedure for
evaluating the competency of the hearing officers, including comments from accused violators and city
staff. These reports must be provided to the city council.
2. Upon the hearing officer's own initiative or upon written request of an interested party
demonstrating the need, the officer may issue a subpoena for the attendance of a witness or the
production of books, papers, records or other documents that are material to the matter being heard. The
party requesting the subpoena is responsible for serving the subpoena in the manner provided for civil
actions and for paying the fees and expenses of a witness. A person served with a subpoena may file an
objection with the hearing officer promptly but no later than the time specified in the subpoena for
compliance. The officer may cancel or modify the subpoena if it is unreasonable or oppressive. A
person who, without just cause, fails or refuses to attend and testify or to produce the required
documents in obedience to a subpoena is guilty of a misdemeanor. Alternatively, the party requesting
the subpoena may seek an order from district court directing compliance.
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Page 3 of 5
3. Notice of the hearing must be served in person or by mail on the person responsible for the
violation at least 10 days in advance, unless a shorter time is accepted by all parties. At the hearing, the
parties will have the opportunity to present testimony and question any witnesses, but strict rules of
evidence will not apply. The hearing officer must tape record the hearing and receive testimony and
exhibits. The officer must receive and give weight to evidence, including hearsay evidence, that
possesses probative value commonly accepted by reasonable and prudent people in the conduct of their
affairs.
4. The hearing officer has the authority to determine that a violation occurred, to dismiss a citation, to
impose the scheduled fine, and to reduce, stay, or waive a scheduled fine either unconditionally or upon
compliance with appropriate conditions. When imposing a penalty for a violation, the hearing officer
may consider any or all of the following factors:
a. the duration of the violation;
b. the frequency or reoccurrence of the violation;
the seriousness of the violation;
d. the history of the violation;
the violator's conduct after issuance of the notice of hearing;
f. the good faith effort by the violator to comply;
g. the economic impact of the penalty on the violator;
h. the impact of the violation upon the community; and
any other factors appropriate to a just result.
The hearing officer may exercise discretion to impose a fine for more than one day of a continuing
violation, but only upon a finding that (1) the violation caused a serious threat of harm to the public
health, safety, or welfare or that (2) the accused intentionally and unreasonably refused to comply with
the code requirement. The hearing officer's decision and supporting reasons must be in writing.
5. Except for matters subject to administrative review under section 1310.040, the decision of the
hearing officer is final without any further right of administrative appeal. In a matter subject to
administrative review under section 1310.040, the hearing officer's decision maybe appealed to the city
council by submitting a request in writing to the city clerk within 10 days after the hearing officer's
decision.
6. The failure to attend the hearing constitutes a waiver of the violator's rights to an administrative
hearing and an admission of the violation. A hearing officer may waive this result upon good cause
shown. Examples of "good cause" are: death or incapacitating illness of the accused; a court order
requiring the accused to appear for another hearing at the same time; and lack of proper service of the
citation or notice of the hearing. "Good cause" does not include: forgetfulness and intentional delay.
1310.040. Administrative Review.
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Page 4 of 5
1. The hearing officer's decision in any of the following matters znay be appealed by a party to the city
council for administrative review:
a. an alleged failure to obtain a permit, license, or other approval from the city council as required
by an ordinance;
b. an alleged violation of a permit, license, other approval, or the conditions attached to the permit,
license, or approval, that was granted by the city council; and
c. an alleged violation of regulations governing a person or entity who has received a license
granted by the city council.
2. The appeal will be heard by the city council after notice served in person or by registered mail at
least 10 days in advance. The parties to the hearing will have an opportunity to present oral or written
arguments regarding the hearing officer's decision.
3. The city council must consider the record, the hearing officer's decision, and any additional
arguments before making a determination. The council is not bound by the hearing officer's decision,
but may adopt all or part of the officer's decision. The council's decision must be in writing.
4. If the council makes a finding of a violation, it may impose a civil penalty not exceeding $2000.00
per day per violation, and may consider any or all of the factors contained in section 1310.035(4). The
council may also reduce, stay, or waive a fine unconditionally or based on reasonable and appropriate
conditions.
5. In addition to imposing a civil penalty, the council may suspend or revoke acity-issued license,
permit, or other approval associated with the violation, if the procedure in city code section 700.035 has
been followed. The hearing required in that section will be satisfied by the hearing before the hearing
officer with the right of appeal to the city council.
1310.045. Judicial Review.
An aggrieved party may obtain judicial review of the decision of the hearing officer or the city council
by proceeding under a writ of certiorari in district court.
1310.050. Recovery of Civil Penalties.
1. If a civil penalty is not paid within the time specified, it will constitute:
a. alien on the real property upon which the violation occurred if the property or improvements on
the property was the subject of the violation and the property owner was found responsible for that
violation; or
b. a personal obligation of the violator in all other situations.
2. Alien maybe assessed against the property and collected in the same manner as taxes.
3. A personal obligation maybe collected by appropriate legal means.
4. A late payment fee of 10 percent of the fine maybe assessed for each 30-day period, or part
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Page 5 of 5
thereof, that the fine remains unpaid after the due date.
5. During the dine that a civil penalty remains unpaid, the provisions of city code section 210 apply to
a license, permit, or other city approval sought by the violator or for property under the violator's
ownership or control.
6. Failure to pay a fine is grounds for suspending or revoking a license related to the violation.
1310.055. Criminal Penalties
The following are misdemeanors, punishable in accordance with state law:
faihire, without good cause, to appear at a hearing that was scheduled under section 1310.035;
2. failure to pay a fine imposed by a hearing officer within 30 days after it was imposed, or such other
time as maybe established by the hearing officer, unless the matter is appealed under section 1310.040;
and
3. failure to pay a fine imposed by the city council within 30 days after it was imposed, or such other
time as maybe established by the city council.
If the final adjudication in the administrative penalty procedure is a finding of no violation, then the city
may not prosecute a criminal violation in district court based on the same set of facts. This does not
preclude the city from pursuing a criminal conviction for a violation of the same provision based on a
different set of facts. A different date of violation will constitute a different set of facts.
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5755 COUNTRY CLUB ROA€~ ~ SNOREWOOB, MINNESOTA 55331-8927 ®(952) 474-3236
FAX (952) 474-d128 ®www.ci.shorewood.mn.us ~ cityhall@ci.shorewood.mn.us
MEMORANDUM
Date: June 18, 2008
To: Honorable Mayor and City Council Members
~`~,
From: Bonnie Burton, Finance Director/Treasurer a} ~
Lawrence A. Brown, Acting City Administrator ~~~--
~"-
Re: 2009 Budget Calendar and Kick-off
Bzsdget Kick-Off and Calendar
This is the kick-off of the 2009 budget season and the budget preparation calendar is attached far your
review. It follows the customary sequence of budget preparation, work-sessions, and subsequent
adoption.
The Capital Improvement Plan (CIP) and General Fund budgets (tax supported budgets) are processed
throughout the summer in order to meet the September 15th state required deadline to adopt the `Proposed
Tax Levy', which will include the `not-to-exceed' levy amount. Review of these budgets is scheduled to
begin with awork-session on July 21, when preliminary drafts will be ready. All of the Monday evenings
in August have been set aside for budget work-sessions as needed.
The review of Enterprise budgets (Sewer, Water, Stormwater, and Recycling) begins in the fall. It
concludes in November in order to assemble the total City budget for the Truth-In-Taxation presentation
on December 1. The City Council will adopt the final budgets later in December.
Levy Limits
The final 2008 state tax bill calls for cities with populations over 2,500 to be subject to levy limits for the
next three years. The levy limit will generally allow for up to a 3.9% inflationary increase based. on each
city's previous year's levy. Thus, Shorewood's anticipated allowable increase for Pay2009 would. be
$158,220. (For comparison, the 2008 levy increased $215,687 or 4.91% from 2007.) The levy limit law
allows for "special levies", which are levies for items such as debt service on bonds, natural disaster
recovery, and other very specifically allowed items. The special levies are added to the base levy.
- PRINTED ON RECYCLED PAPER
~~
2009 Budget Memo to Council
Page 2 of 2
Council Philosophy and Discussion
The goal in any budget is to provide needed services and enhancements at the most reasonable cost and
financial prudence. Staff members are beginning to work on their individual budgets. It would be
extremel~pfiil for them to have Council identifygoals or specific programs that they would like to
have staff address or present in the proposed budget.
In overview, staff expects a general continuation of the status quo in terms of the scope and costs of day-
to-day operations. The greatest volatility maybe in costs associated with petroleum and energy. There
will be a slight increase in employer PERA costs in 2009, as required by state law.
A major component of the General Fund budget are the transfers to capital funds to pay for current and
future projects. The amount programmed for 2008 is $945,000, compared to $670,000 in 2007.
Other areas of large expenditures include police and fire; Shorewood is responsible for a percentage
component of any increase authorized by participating cities in the joint powers for these organizations,
and these amounts are yet to be determined.
Conclusion
Staff welcomes City Council discussion and direction as a guide for preparing the 2009 budgets.
CITY OF SHOREWOOD
Year 2009 Budget Schedule
Date DescriEtion
06/17/08 Budget worksheets distributed to staff department heads
06/23/08 Budget discussion -Council philosophy and direction; levy limit update (Council and Staff)
07/07/08 Completed budget worksheets due back to Finance from staff.
07/21/08 Work-session: General Fund Operating Budget draft (Council and Staff)
08/11/08 Work-session: Additional General Fund session (Council and Staff)
08/18/08 Work-session: Additional General Fund session (Council and Staff)
08/25/08 Work-session: Additional General Fund session (Council and Staff)
09/08/08 Regular Cotmcil meeting. Council adopts 2009 proposed budget and levy.
09/15/08 Proposed budget and levy must be adopted and certified to County Auditor
by this date. State form Payable 2009 PT Form 280 also to be submitted.
10/13/08 Work-session: Enterprise Budget session (Council and staff)
10/27/08 Work-session: Enterprise Budget session (Council and staff)
11/10/08 Work-session: General Fund Budget Final Review (Council and staff)
11/20-11/24 Counties to mail Notice of Proposed Property Tax by this date.
11/20/08 Budget hearing advertisement published in the official newspaper.
12/01/08 Truth-In-Taxation Budget Public Hearing.
12/08/08 Regular Cotmcil meeting. Final 2009 budgets and levy to be adopted.
12/29/08 Final levy and budgets must be certified to the County Auditor by this date. State forms
Payable 2009 Property Tax Levi Report and PT Forrn TNT2009 also due.
V 6 ~
Levy limits included in final omnibus tax bill
In the final hours of the 2008 session, legislative leaders and the governor managed to reach a
compromise on the omnibus tax bill (Chapter 366). Unfortunately, legislators could not
convince the governor to cut levy limits altogether, but he did agree to a more lenient version
of the limits.
The final bill calls for cities with populations over 2,500 to be subject to levy limits for the next
three years. The levy limit will allow for up to a 3.9 percent inflationary increase based on each
city's previous year's levy, plus local government aid (LGA).
The limits will also allow for growth equal to one-half of the percent increase in households
within each city and one-half of the percent increase in taxable market value as a result of new
construction of commercial and industrial property within each city. The Senate strongly
opposed levy limits, especially those of a three-year duration. The governor reportedly would
not compromise on the three-year duration but did agree to changes that apply levy limits to
levy plus aid and to a broad list of "special levies."
View document on how cities can estimate their 2009 levy limit (pdf)
Special levies
The levy limits will allow for the traditional "special levies," which are levies that are outside of
the levy limit. In addition, the bill will add several new special levies for unreimbursed
expenses related to the I-35W bridge collapse, non-Public Employees Retirement Association
(PERA) pension contribution increases, levies related to foreclosure expenses, and certain
increased levies related to new public safety wages and benefits. In addition, the levy limit law
will provide cities with increased levy authority in future years if local government aid or
market value homestead credit programs are reduced through a governor's unallotment.
The most frequently used special levies are:
• Levies for bonds and most certificates of indebtedness,
• Voter approved levies,
• Levies to pay for federal or state matching requirements,
• Levies for natural disaster recovery,
• Levies for property tax abatements,
• Levies for increases in PERA employer contributions,
• Levies to repay a federal or state loan for a transportation or capital project,
• Levy increases to fund police and firefighter relief associations,
• Levies related to foreclosure costs
• Levies for increased police and firefighter wage and benefit costs.
00
LEAGUE of CONNECTING & INNOVATING
MINNESOTA s1NCE z~i3
CITIES
How to estimate your 2009 levy limit
2009 levy limits will only be in effect for cities over 2,500 population.
Revised 5/28/08
• The language on levy limits is contained in the final tax bill of the 2008 session, HF 3149.
• The Dept. of Revenue will be certifying levy limits by Sept. 1, 2008. The Dept. will need to
collect information from cities in order to make the calculations-the League will provide
details about this process as soon as we learn more.
Step 1: Start with your city's 2008 certified net tax capacity levy (do not include any market
value levies)
Step 2: Subtract your 2008 special levies. While levy limits were not in place for 2008,
you will need to determine what portion of your 2008 levy was a special levy as defined
in HF 3149. See information on special levies on page 2 of this document.
Step 3: Add your 2008 certified local government aid (LGA) amount (if applicable), your
2008 taconite aid amount (if applicable), and your 2008 wind energy production tax
(if applicable). The result is your levy aid base.
Step 4: Multiply your levy aid base by 1.039
Step 5: Multiply the result of Step 4 by 1 plus one-half of the percentage increase in the number
of households in your city over the last year.
Step 6: Multiply the result of Step 5 by 1 plus one-half of the percentage increase in taxable
market value as a result of new construction of commercial and industrial property. The
result is your adiusted levy limit base.
Step 7: From your adiusted levy limit base, subtract your 2009 certified LGA (if applicable),
your 2009 taconite aid (if applicable), your 2009 wind energy production tax
(if applicable), and your new 2009 utility valuation transition aid (if applicable).
The result is your 2009 levy limit.
145 UNIVERSITY AVE. WEST PxoNS: (651) 281-1200 >:nx: (651) 281-1299
ST. PAUL, MN 55103-2044 TOLL F~;i: (800) 925-1122 wFS: www.Lnac.oxc
League of Minnesota Cities
How to estimate your 2009 levy limit
Page 2
Special Levies
There are several special levies allowed beyond this levy limit. Below is a list of the most
frequently used "special levies." Amounts for 2008 are subtracted in step 2 above. 2009 amounts
are permissible above the 2009 levy limit. There are a total of 22 defined special levies. For a
complete list, see M~ 275.70, suiad 5.
• Levies for bonds and most certificates of indebtedness.
• Voter approved levies.
• Levies to pay for federal or state matching requirements.
• Levies for natural disaster recovery.
• Levies for property tax abatements.
• Levies for increases in PERA employer contributions.
• Levies to repay a federal or state loan for a transportation or capital project.
• Levy increases to fund police and firefighter relief associations.
• Levies related to foreclosure costs
• Levies for increased police and firefighter wage and benefit costs.
Example of how to estimate the levy limit
Information needed for calculation:
/ 2008 net tax capacity levy = $125,000
/ 2008 "special levy" _ $1,830
/ 2008 LGA= $3,000
/ 2008 taconite aid= $0
/ 2008 wind energy production tax= $0
/ Percent change in number of households over last year = 2%
/ Percent change in CI market value as a result of new construction = 0%
/ 2009 LGA= $3,250
/ 2009 taconite aid= $0
/ 2009 wind energy production tax= $0
Calculation:
Step 1: $125,000
Step 2: $125,000 - $1,830 = $123,170
Step 3: $123,170 + $3,000 +0 +0 = $126,170 (levy aid base)
Step 4: $126,170 x 1.039 = $131,091
Step 5: $131,091 x (1+half of 2%) _ $131,091 x 1.01 = $132,402
Step 6: $132,402 x (1+0) _ $132,402 x 1 = $132,402 (adjusted levy limit base)
Step 7: $132,402 - $3,250 - 0 - 0 = $129,152 (2009 levy limit)
For more information about levy limits, contact the following League of Minnesota Cities staff:
Gary Carlson Jennifer O'Rourke Rachel Walker
Director of Intergovernmental Relations Intergovernmental Relations Policy Analysis Manager
(651) 281-1255 or (800) 925-1122 Representative (651) 281-1236 or (800) 925-1122
gcarlson . imc.arct (651) 281-1261 or (800) 925-1122 rwaiker c~lmc.orct
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~`~"- ~ ~ 5755 COvNTRY CLUD ROAD ®SNOREWOOD, MI~JNESOTA 55331-8927 ®(952} 474-3236
FAX (952) 474-Oi28 ®www.ci.shorewood.mn.us ~ cifyhall@cLshorewood.mn.us
MEMORANDUM
Date: June 18, 2008
To: Honorable Mayor and City Council Members
Lawrence A. Brown, Acting City Administrator `
From: Bonnie Burton, Finance Director/Treasurer
Re: Disconnection of Water Service -Policy Discussion
Staff received a request from council to review the City's water disconnection policy. The City Code
requires that if a water service account becomes past due, "a notice shall be sent to the property owner or
user informing them that the account is delinquent and that unless the account balance is paid in full
within 15 days, the water will be shut off and the prescribed shut off fee will be assessed." (Section
903.09 subd. 3.b). The City does not disconnect any of its other services (sewer, stormwater
management, recycling).
As Council might imagine, disconnection of water service is an excellent collection tool. In practice,
there are usually a small number of customers (maybe 6-8) who reach the point of disconnection. "1'he
customer has a huge motivation to pay the bill and most disconnected customers usually will pay the bill
within hours and then must be reconnected (the City charges a $25 reconnection fee.)
Some of the undesirable aspects of water service disconnection include its time-consuming nature for the
public works staff: they have to hang door tag warnings; locate the service and disconnect; return 2-4
hours later to reconnect the service after the customer pays. Also, there have been instances where the
Public Works staff felt threatened or that they were placed in dangerous situations.
Another option the council might consider instead of disconnection is to certify delinquent balances to the
county to be placed on the property tax rolls for collection. The City currently certifies past: due balances
for other City utility services, including some water balances. Several other cities do not do any
disconnections, and only use the certification process.
If a change in the policy is desired, the City Code calls for a public hearing (Section 903. l.9) and then
adoption of an ordinance amendment to the City Code. Council is asked to discuss this matter at their
work-session and provide staff direction on whether they wish to make changes to the water
disconnection policy.
~~ : - r.
~® PRINTED ON RECYCLED PAPER
CHAPTER 903
WATER USE AND SERVICE
Section
903.01 Purpose and intent
903.02 Compliance with provisions
903.03 Private wells
903.04 Water service connections
903.05 Water turn-on and shut-off fees
903.06 Installation and construction requirements and specifications
903.07 Service pipes
903.08 Meters
903.09 Water rates and charges
903.10 Water connections served by adjacent municipalities
903.11 Authorized water shut offs
903.12 Conservation measures
903,13 Restricted and prohibited acts
903.14 Discontinuance of service
903. I5 Mandatory hook up, commercial and multiple-family residential users and certain residential
developments
903.16 Right of entry powers
903.17 Disclaimer of liability
903,18 Water improvement process
903.19 Amendment -notice
903.20 Violation
903.01 PURPOSE A.1Vll iN'i'Eivi.
The city municipal water system (hereinafter called the water system) shall be operated as a public
utility and convenience from which revenue will be derived, subject to the provisions of this chapter.
(Ord, 395, passed 7-28-2003)
903-1
Shorewood -Public Right-of-Way and Property 903.04
903.02
903.02 COMPLIANCE WITH PROVISIONS.
No person shall make, construct or install any water service installation, or make use of any water
service connected to the water system except in the manner provided in this chapter, nor shall any person
make, construct, install or make use of any installation connected to the water system contrary to the
regulatory provisions of this chapter.
(ord. 395, passed 7-28-2003)
903.03 PRIVATE WELLS.
Pursuant to the current State Well Code and the Minnesota Plumbing Code, private wells may be
constructed or maintained and continued in use whether or not connection is made to the water system.
In no event shall there be a means of cross-connection between the private well and the municipal water
system at any time. Hose bibbs that will enable the cross-connection of the two systems are prohibited
on internal piping of the well supply system. The threads of the boiler drain of the well volume tank
shall be removed or the boiler drain hose bibb replaced with a sink faucet.
(Ord. 395, passed 7-28-2003}
903.04 WATER SERVICE CONNECTIONS.
Subd. 1. Existing service stubs. Service stubs have been installed to serve some homes and
businesses presently located in the city. For those homes and businesses, the connections
are ready for use by the existing structures in the city.
a. Permit to connect, fee. A permit must be obtained to connect to the water system. The fee
for each permit shall be as set by Council ordinance. The fee shall include inspection and
turn-on services performed by the city.
b. Conditions of permit. The permit fee shall be paid at the time of making application for
water service. In addition thereto, before any permit shall be issued, the following
conditions shall be complied with:
(1) No permit shall be issued to tap or connect with any water main or water system of the
city either directly or indirectly from any lot or tract of land unless it shall be
determined that:
(a) The lot or tract of land to be served by the connection or tap has been assessed for
the cost of construction of the water main and water plan system with which the
connection is made; or
903 -2
903.04 Water Use and Service 903.04
(b) The proceedings for levying the assessments have been or will be commenced in
due course; or
(c) A connection charge has been paid.
(2) A water meter, meter horn, and remote reader shall be purchased from the city at the
time permit is applied for.
(3) If the lot is served by the Southeast Area or Boulder Bridge water systems and is
below an elevation of 975 feet, a pressure reducing valve (PRV) shall be purchased
from the city at the time the permit is applied for if a new connection or upon notice
by the city if an existing connection.
(4) Inspections: All property service lines shall be inspected by the City Water Inspector
before the lines are covered to insure proper construction of the line and connection
to the service stub. The owner or contractor shall give at least 24 hours advance
notice to the City Water Inspector when the service pipe is ready for inspection.
(5) Turn on and shut offs: Only an authorized city employee shall turn on or shut off any
water supply at the curb stop.
Subd. 2. New service stubs; application for water service connection. In the event additional
connections or stubs to existing water trunk or lateral facilities are required or desired,
applications shall be made at the City Hall on forms furnished by the city.
a. Applications. All applications for service stubs shall be made by the owner of the property
to be served, or his duly authorized agent, and shall state the size and location of the
service connection required, and the applicant shall, at the time of making application, pay
to the city the amount of fees required for the installation of the service connection as
hereinafter provided. The application shall also contain the name of the owner, a
description of the property, lot, block and addition, name of road upon which the property
fronts and the signature of the applicant, or his agent, agreeing to conform to the rules and
regulations that may be established by the city as conditions for the use of water.
b. Performance bond. For the purpose of assuring and guaranteeing to the city that the
installation of the service connection shall fully comply with all of the other terms and
provisions of this chapter, the applicant agrees to furnish to the city either a cash deposit
or a corporate surety bond in the sum of $4,000 approved by the city and naming the city
as obligee thereunder.
c. Inspections. All property service stubs shall be inspected by the City Water Inspector
before the stubs are covered to insure proper construction of the stubs and connection to
the water main.
903-3
903.04 Shorewood • Fublic Right-of-Way and Property 903.04
d. Additional requirements. All requirements set forth in subdivision 1 of this section shall
be applicable to this subdivision.
Subd. 3, Connection charge. A connection charge shall be paid by the owners of the lot or tract of
land to be served by the municipal water system. The amount of the connection charge
shall be as set forth in Chapter 1301 of this code and as follows:
a. Connection charges for various land uses shall be made in accordance with the following
formula:
Land Use Formula
Single-family residential C
Multiple-farniiy residential} C x S+ 0.25C x U
Commercial C x REU
ISchools, churches, government and other 1.SC
{non-residential _
'Multiple family structures include those buildings designed with two or more dwelling units. For the
purposes of this chapter, the formula shall be based on no more Chart 12 dwelling units per structure.
b. Far properties previously assessed for municipal water service the connection charge shall
be the amount specified in Chapter 1301 of this code, less the amount previously assessed.
Where:
C = Connection charge as set forth in Chapter 1301 of this code
U = Number of dwelling units
S = Number of structures
REU = Number of residential equivalent units (there shall be one REU per 20,000
square feet of land area)
c. In addition to the above, developers of new projects or subdivisions will be required to
install trunk and lateral mains, services and appurtenant items at the time of development
or platting. Pipe sizes shall be as set forth in the city's municipal water plan, as may be
amended.
d. For properties not presently served by municipal water service, developers or property
owners who wish to extend water service to their property line, shall pay for the cost of
the improvement or the water connection charge, whichever is greater.
903-4
903.04 Water Use and Service 903.06
e. A property ownei may petition and the Council, at its discretion, allow the connection
charge to be assessed against the property, provided that the assessment will not adversely
affect the City's Water Fund.
(Ord. 395, passed 7-28-2003)
903.05 WATER TURN-ON AND SHUT-OFF FEES.
A fee as established by ordinance of the City Council shall be charged for turning on or shutting
off water except in instances where a connection permit has been obtained by the property owner.
(Ord. 395, passed 7-28-2003)
903.06 .INSTALLATION AND CONSTRUCTION REQUIREMENTS AND SPECIFICATIONS.
Subd. 1. Supervision. All work performed within the limits of the city shall comply with all
requirements of the Minnesota Plumbing Code as amended and the Shorewood Standard
Specifications and Details Manual and shall be under the direct supervision of the City
Water Inspector and Public Works Director.
Subd. 2. Authority to do work. Only persons authorized by this chapter shall tap any distributing
main or pipe of the water system, or insert stopcocks or ferrule therein.
Subd. 3. Excavations. If the installation is to be in a surfaced street, the location of the water main
shall be ascertained from the City Engineer and, upon completion, the installation shall be
inspected by the Public Works Department. Prior to construction within the street, notice
shall be given to the City Water Inspector, School District, United States Post Office,
Police and Fire Departments, and City Public Works Director. The notice must be given
at least three days prior to the excavation for laying of the service pipe, and the connection
must be made before 3:00 p.m. After approval by the Public Works Department, the street
shall be restored to its previously existing condition as directed and approved by the Public
Works Department. The expense of the construction and restoration shall be borne by the
applicant.
Subd. 4. Separate connections and meters. No more than one housing unit or building shall be
supplied from one service connection except by special permission of the City Council.
Whenever two or mare parties are supplied from one pipe, connecting with the distribution
main, each building or part of the building must have a separate stop box and a separate
meter .
903-5
903.Ob Shorewood -Public Right-of-VVay and Property 903.07
Subd. 5. Property service lines. All installations of property service lines shall comply with the
following:
a. Property service pipe must be laid with sufficient waving to allow not less than one foot
extra length and in the manner as to prevent rupture by settlement.
b. Property service lines must be placed not less than seven and one-half feet below surface
or finished grade, whichever is lower, and arranged so as to prevent rupture by freezing.
c. A shut off or other curb stop shall be installed at the property line and placed so as to be
protected from freezing.
d. All underground joints are to be mechanical (compression or flared, not sweated) unless
otherwise approved by the City Inspector.
e. Joints shall be kept to a minimum with not more than one joint used for service up to 70
feet in length.
f. All piping joints and connections shall be left uncovered until inspected and tested at
normal water line pressure.
g. Connections at mains for domestic supply shall be at least one inch.
h. No water pipe shall be connected with any pump, well, tank or piping that is connected
with any other water supply other than the municipal water system.
i. Not more than one building shall be supplied from one service connection unless by special
permission from the City Council.
j . ,When two or more buildings are supplied from one pipe, each building must have a
separate stop box and separate meter.
k. Prior to connection with the municipal water system, all means of cross-connection to a
retained private water supply shall be eliminated.
(Ord. 395, passed 7-28-2003)
903.07 SERVICE PIPES.
Subd. 1. Maintenance and repair. It shall be the responsibility of the property owner to maintain
the service pipe from the curb box into the structure. In the case of failure upon the part
of the property owner to repair any leak occurring in his pipe within 24 hours after verbal
or written notice thereof, the water will be shut off and will not be turned on until the
service charge, as established by ordinance of the Council, has been paid and the leak
903-6
903.07 Water Use and Service 903.08
repaired. When the waste of water is great, or when damage is likely to result from the
leak, water may be turned off immediately pending repairs.
Subd. 2. Abandoned service installations. All service installations that have not been used for one
year, or for any reason have became useless for further service, shall be shut off at the
curb stop. Any expense of the city shall be charged to the property and, if not paid within
30 days, shall be treated as a delinquent account pursuant to this chapter.
(Ord. 395, passed 7-28-2003)
903.08 METERS.
Subd. 1. Meter use required. Except for extinguishing of fire, no person except authorized city
employees shall use water from the water supply system or permit water to be drawn
therefrom unless the same be metered by passing through a meter supplied by the city.
Subd. 2. Installation of meters. All water meters shall be installed by a licensed plumber in
accordance with-the following rules:
a. The service pipe from the water main to the meter shall be brought through the floor in a
vertical position. The stop and waste valve shall be installed approximately 12 inches
above the floor.
b. The meter shall be located so that the bottom is from twelve to 24 inches above the finished
floor line. The meter shall be set not more than i2 inches, measured horizontally from the
inside tine of the basement wall, unless an alternate method is approved by the City Water
Inspector.
c. All meter installations shall have a stop and waste valve on the street side of the meter. In
no case shall there be more than 12 inches of pipe exposed between the point of entrance
through the basement floor and the stop and waste valve. A stop and waste valve shall also
be installed on the house side of the meter. Meter setting devices shall be of copper pipe
or tubing from the terminus of the service pipe up to and including the house side stop and
waste valve.
d. A remote reader shall be installed on the outside of the building in which the meter is
contained at a height of three feet to five feet above grade.
Subd. 3. Maintenance, repair and replacement.
a. Replacement of meter. All water meters shall be and remain the property of the city and
may be removed or replaced or changed as to size and type by the city whenever deemed
necessary.
903-7
903.08 Shorewood -Public Right-of-Way and Property 903,08
b. Maintenance and repair. The city shall maintain and repair all meters when rendered
unserviceable through ordinary wear and tear and shall replace them if necessary,
However, where any replacement or repair or adjustment of any meter is necessary because
of damage from hot water backup, damage from freezing water, or damage from any act,
carelessness or negligence of the owner or occupants of any premises, any expense
incurred by the city to repair the damage shall be charged against and collected from the
property owner, and water service may be discontinued until the cause is corrected and the
amount charged collected.
Subd. 4. Meter tests. When a consumer makes a complaint that the bill for any past services has
been excessive, the city shall, upon written request, have the meter re-read. If the user
remains dissatisfied and desires that the meter be tested, the user shall then make a deposit
in an amount established by ordinance of the City Council, and the city shall test the meter.
The user shall, if he or she so desires, be present when the test is made. In case a test
should show an error of over 5% of the water consumed in favor of the city, the deposit
will be refunded to the user and a correctly registering meter will be installed and the date
of written request and the minimum charge shall not be affected. Incase the test shows an
accurate measurement of water or an error in favor of the user, the amount deposited shall
be retained by the city to cover the expenses of making the test.
Subd. 5. Unauthorized tampering with meter. All water meters shall be inspected and sealed by the
City Water Inspector. No person not authorized by the city shall connect, disconnect, take
apart, remove the seal, or in any manner change or cause to be changed or interfere with
any meter or the action thereof.
Subd. 6. Calibration of water meter and remote reader. Each year, the city shall mail to each
consumer a meter reading card, The consumer shall be responsible for recording the
readings for the water meter and remote reader upon the card and shall return the card to
the city by the date specified on the card. Failure of the consumer to return the card to the
city by the date specified on the card will result in a late fee being assessed to the
consumers account, the fee to be established by the City Council. The city shall analyze
the cards and identify those which indicate a difference in excess of 10,000 gallons. The
city shall calibrate water meters and remote readers which have a difference in excess of
10,000 gallons and shall inform the consumer of any difference in the readings and of the
amount due thereon. The consumer shall be responsible to pay for any and all differences
in readings between the water meter and remote reader which indicate amounts due for
water consumption.
(Ord, 395, passed 7-28-2003)
903-8
903 09 Water Use and Service 903.09
903.09 WATER RATES AND C~IARGES.
Subd. 1. Rates and charges established.
a. Water service rates.
(1) Quarterly rates. The water rate due and payable to the city by each water user for
water taken from the municipal water system shall be at a quarterly rate established by
a ordinance of the City Council. Where service is for less than a quarterly period, the
quarterly charge will be prorated on a monthly basis.
(2) Minimum rate for low income residents. A minimum charge is established for
residents having low incomes. The charge shall be at two-thirds of the regular
minimum rate; provided, that consumption is under 10,000 gallons per quarter.
Should the consumption exceed this minimum, the minimum rate reverts to the regular
minimum rate, The criteria for determining low income is as set by the Hennepin
County CDBG Program income limits for very low income and family size. Residents
must submit the proper application and income disclosure initially, and at least
annually, or upon reasonable request by the city, to be eligible for this rate.
b. Meter charges. A charge for a water meter shall be made by the city. Property owners
or users shall pay in advance before delivery of the water meter for installation. The
charge shall be as established by the City Council by ordinance.
c. Water turn on. The established turn-on fee will be charged for turning on water where
service has been shut off for nonpayment of water billings, failure to repair a leak,
discontinuance of service, or other reason specified in this chapter.
d. Estimated and adjusted rates.
(1) In the event the water meter servicing any property is found to be operating in a faulty
manner or to have become inoperative, the amount of water will be estimated in
accordance with the amount previously used in comparable periods of the year.
(2) The City Council shall be authorized to make adjustments in water charges when the
amount billed is erroneous due to a meter deficiency or other mistake.
e. Rates outside city limits. Rates due and payable by each water user located beyond the
territorial boundaries of the city shall be determined by special contract.
Subd. 2. Listing of accounts. All accounts shall be kept on the books of the city in the name of the
owner of the property served. All bills and notices sent out by the city shall be sent to the
address of the property served. If nonresident owners or agents desire personal notice sent
to a different address, they shall file an application therefor with the city. Any error in
address shall be promptly reported to the city.
903 -9
903.09 .Shorewood -Public Right-of-Way and Property 903.10
Subd. 3. Bills for services, delinquencies, discontinuance, tax assessments.
a. Billing. Statements for charges for water service for a quarterly period shall be mailed to
each property owner or user on or before the tenth day of the first month following the end
of the quarter and shall be due and payable on or before the last day of the months of
January, April, July and October following the quarterly period covered by the statement.
,b. Delinquencies. After the last day of the month in which payment is due, a penalty of 10%
of the unpaid account balance will be assessed and added to the amount due on the account.
If the balance due on the account is not paid in full within 45 days of the day on which the
account became due, a notice shall be sent to the property owner or user informing the
property owner or user that the account is delinquent and that unless the account balance,
is paid in full within 15 days, the water will be shut off and the prescribed shut-off fee will
be assessed.
c. Discontinuance of service. If the property owner or user does not respond to the notice
given above, prior to the date indicated in the notice, and the statement remains unpaid, the
water shall be shut off at the curb stop. Prior to the water being turned back on again, the
property owner or user shall be required to pay all delinquent charges, plus penalties and
- shut-off fees, and the prescribed turn-on fee.
d. ~ippeals to discontinuance of service. The property owner or user may appeal the notice
to the City Council during the 15 day period set forth in Subd. 3(b). Water service shall
continue to the appealing property owner or user pending the decision of the Council on
the appeal. Upon the determination of the Council, the water may be shut off pursuant to
Subd. 3(c) as set forth above.
e. Tax assessments. All delinquent accounts may be certified by the Clerk who shall prepare
an assessment roll each year providing for assessment of the delinquent accounts against
the respective property served. This assessment roll shall be delivered to the City Council
for adoption prior to November 30 of each year and upon approval thereof, the Clerk shall
certify to the County Auditor the amount due, plus a certification fee as established by
ordinance of the City Council, and the County Auditor shall thereupon enter the amount
as part of the tax levy on the premises to be collected during the ensuing year. The action
may be optional or subsequent to taking legal action to collect delinquent accounts.
(Ord. 395, passed 7-28-2003)
903.10 WATER CONNECTIONS SERVED BY ADJACENT MiTNICIPALITIES.
The City Council has heretofore and will in the future enter into contracts with adjacent
municipalities to provide water service to properties located within the city. A11 permits to be issued
under this chapter shalt comply with the terms of the agreements. In instances where the cost of the water
903-10
903.10 Water Use and Service 903.13
hook-up from the supplying city is included in full or in part as a quarterly charge, then shall be added
to the billing for the minimum quarterly water charge to be paid by the recipient.
(Ord. 395, passed 7-28-2003)
903.11 AUTHORIZED WATER SIiUT OFFS.
In case of fire or alarm of fire, water may be shut off to insure a supply for the fire fighting; or in
making repairs or construction of new works, water may be shut off at any time and kept shut off as long
as necessary.
(Ord. 395, passed 7-28-2003)
903.12 CONSERVATION MEASURES.
Whenever the City Council shall determine that a shortage of water supply threatens the city, it may,.
by resolution, limit the time and hours during which water may be used from the water system for lawn
and garden sprinkling, irrigation, car washing and other uses specified therein. Appropriate notice of
the (imitation shall be given prior to the enforcement thereof.
(Ord. 395, passed 7-28-2003)
903.13 RESTRICTED AND PROHIBITED ACTS.
Subd. 1. Unauthorized turn on or shut off. No person, except an authorized city employee or agent,
shall turn on or off any water supply at the curb stop. A turn-on or shut-off fee in an
amount equivalent to twice the prescribed fee shall be charged for the unauthorized turn
on or shut off of any. connection to the municipal water system.
Subd. 2. Unauthorized use of hydrants, interference with system. No person, other than employees
or agents of the city, shall operate fire hydrants or interfere in any way with the water
system.
Subd. 3. Supplying water to others. No person shall permit water from the water system to be used
for any purpose except upon his own premises unless written consent is first obtained from
the city .
(Ord. 395, passed 7-28-2003)
903-11
903.14 Shorewood -Public Right-of-Way and Property
903.14 DISCONTINUANCE OF SERVICE.
Water service may be shut off at any curb stop connection whenever:
903.16
Subd. 1. The owner or occupant of the premises served, or any person working on any pipes or
equipment thereon which are connected with the water system, has violated, threatens to
violate or causes to be violated, any of the provisions of this chapter.
Subd. 2. Any charge for water, service, meter or other financial obligation imposed on the present
or former owner or occupant of the premises served is unpaid.
Subd. 3. Fraud or misrepresentation by the owner or occupant of the premises served in connection
with an application for service.
(Ord. 395, passed 7-28-2003)
903.15 MANDATORY HOOD UP, COIi~IMERCIAL AND M[ULTIPI.,E-FAMILY' RESIDENTIAL
USERS AND CERTAIN RESIDENTIAL DEVELOPMENTS.
The owner of a property used for commercial purposes or for multiple-family residential purposes,
involving four or more dwelling units, situated within the city and abutting on any street, alley or right-
of-way in which there is located a municipal water trunk or lateral facility, is hereby required at its
expense to connect to the facility in accordance with the provisions of this chapter within 90 days after
the date of official written notice by the City Council to so connect. Single-family residential
developments of more than three lots shall be required to connect to the municipal water system, at the
developer's expense, based upon a determination by the City Engineer that the connection is feasible.
The connection is considered feasible if the cost of providing water to the property line of the lots within
the development does not exceed the connection charges, set forth in § 903.04, subd. 3. of this code,
times the number of lots in the development.
(Ord. 395, passed 7-28-2003)
903.16 RIGHT OF ENTRY POWERS.
Authorized city employees shall have free access at reasonable hours of the day to all parts of every
building and premises connected to the water system necessary for reading of meters and inspection.
City employees shall be properly identified and shall display the identification upon seeking admittance
to the building.
(Ord. 395, passed 7-28-2003)
903-12
903.17 Water Use and Service 903.18
903.17 DISCLAIMER OF LIABILITY.
The city shall not be liable for any deficiency or failure in the supply of water to property owners
or users, whether occasioned by shutting the water off for the purpose of making repairs or connections,
or from any other cause whatever.
(Ord. 395, passed 7-2$-2003)
903.18 WATER IMPROVEMENT PROCESS.
Subd. 1. Scope and purpose. The purpose of this subsection is to supplement the requirements of
State law, to provide for the methods to initiate a water imgravement, and to authorize the
formulation of policies relating to allocating the costs for the public improvements.
Subd. 2. Special assessment procedure.
a. Initiating-the improvement. Improvement proceedings may be initiated in any one of the
following four ways:
(1) One hundred percent petition. By a petition signed by 100% of the owners of real
property abutting any street named as the location of the improvement. Upon receipt
of a petition of 100% of the abutting property owners, the City Council must
determine that it has been signed by 100% of the owners of the affected property.
After making this determination, a feasibility report shall be undertaken and the project
may be ordered without a public hearing, pursuant to the procedures set forth in M.S.
§ 429; or
(2) Thirty-five percent petition. By a petition signed by the owners of not less than 35%
of the frontage of the real property abutting on the streets named as the location of the
improvement, when the property owners are willing to pay the entire cost of the
improvement. Upon receipt of a petition of 35% of the owners of abutting frontage,
the City Council must determine that it has been signed by 35% of the owners. After
making this determination, a feasibility report shall be undertaken and a public hearing
shall be scheduled to consider the project, pursuant to the procedures set forth in M.S.
§ 429; or
(3} Sixty-seuen percent petition. By a petition signed by the owners of not less than 67 %
of the lots or parcels abutting on the streets named as the location of the improvement.
Upon receipt of a petition of 67 % of the owners, the City Council must determine that
it has been signed by 67% of the owners. After making this determination, a
feasibility report shall be undertaken and a public hearing shall be scheduled to
consider the project. If an improvement is ordered, benefitting properties shall be
assessed pursuant to the procedures set forth in M.S. § 429; or
903-13
903.18 Shorewood -Public Right-of-Way and Property 903,18
(4) By the initiative of the City Council. If the City Council determines to order an
improvement, a feasibility report, as set forth in c, below, shall be undertaken and a
public hearing shall be scheduled to consider-the project, A simple majority vote of
the City Council is needed to start the proceedings. If an improvement is ordered,
benefitting properties shall be assessed pursuant to the procedures set forth in M.S.
§ 429.
b. Petitions. Not later than the time a petition is considered for acceptance by the City
Council pursuant to a.(l) through a.(3) of this section, the petitioners shall have executed
and delivered to the city an agreement whereby the petitioners agree to pay the cost of the
improvement as defined in the agreement and agree not to contest or challenge either the
assessment process or the amount to be assessed. The petition shall include an agreement
that the cost of preparing the feasibility report shall be paid by the petitioners in the event
the improvement is determined not to be feasible. Failure to pay for the feasibility report
shall result in the costs being assessed against the properties of the petitioners,
c, Preparing the feasibility study. An improvement project which is initiated by action of the
City Council or by a 35% or 67% petition, as set forth in a.(2) and a.(3) of this section,
may be ordered only after a public hearing. Prior to adopting a resolution calling a public
hearing on an improvement, the Council must secure from the City Engineer a report
advising it in a preliminary way as to:
(1) Whether the. proposed improvement is feasible;
(2) Whether the proposed improvement is consistent with Capital Improvement Planning;
(3) Whether the improvement should be made as proposed or in connection with some
other improvement; .
(4) The estimated cost of the improvement;
(5) A proposed project schedule; and
(6) Any other information thought pertinent and necessary for complete Council
consideration.
d. Holding a public hearing on the improvement.
(1) Improvement projects which are initiated by a 100% petition may be ordered by the
City Council without a public hearing if the City Council determines the project may
be undertaken without unreasonable changes to the Capital Improvements Program or
the petitioning property owners agree to pay 100% of the cost of the improvements.
In the case of aCouncil-initiated project or petition of less than 100% of abutting
property owners, the Council must adopt a resolution calling a public hearing on the
903-14
903.18 Water Use and Service 903.18
improvement project for which mailed and published notices of the hearing must be
given. The notice of public hearing must include the following information:
(a) The time and place of hearing;
(b) The general nature of the improvements;
(c) The estimated cost; and
(d) The area proposed to be assessed.
(2) Not less than 10 days before the hearing the notice of hearing must be mailed to the
owner of each parcel in the area proposed to be assessed. The notice of public hearing
must be published in the city's legal newspaper at least twice, each publication being
at least one week apart, with the last publication at least three days prior to the
hearing.
(3) At the public hearing, the contents of the feasibility study will be presented and
discussed with the intent of giving all interested parties an opportunity to be heard and
their views expressed.
(4) Following a public hearing a resolution ordering the improvement may be adopted at
any time within six months after the date of the hearing by a four-fifths vote of the
City Council, unless the project was initiated by a 35% petition or a 67% petition in
which event it may be adopted by a majority vote. At this time a special assessment
is considered to be "pending" for all assessable properties in the improvement area.
Subd. 3. Deferred assessments.
a. The Ciry Council may defer special assessments. On homestead property owned by a
person who qualifies under the hardship criteria set forth below.
b. Procedure. The property owner shall make application for deferred payment of special
assessments. The application shall be made within 30 days after the adoption of the
assessment roll by the City Council and shall be renewed each year upon the filing of a
similar application no later than September 30. The City Administrator/Clerk shall
establish a case number for each application; review the application for complete
information and details and make a recommendation to the City Council to either approve
or disapprove the application for deferment. The City Council by majority vote, shall
either grant or deny the deferment and if the deferment is granted, the City Council may
require the payment of interest due each year. Renewal applications will be approved by
the City Administrator/Clerk for those cases whereby the original conditions for
qualifications remain substantially unchanged.
903 -15
903.18 Shorewood -Public Right-of-Way and Property 903. i9
(1) If the City Council grants the deferment, the City Administrator/Clerk shall notify the
County Auditor who shall in accordance with M.S. § 435.194, record a notice of the
deferment with the County Recorder setting forth the amount of assessment.
(2) Interest shall be charged on any assessment deferred pursuant to this section at a rate
equal to the rate charged on other assessments for the particular public improvement
projects the assessment is financing. If the City Council grants an assessment deferral
to an applicant, the interest may also be deferred, or the interest may be due and
payable on a yearly basis up until the assessment period terminates and only the
principal is deferred. The decision as to whether the principal and interest or just the
principal is deferred is decided by the City Council when considering the application.
Subd. 4. Conditions of hardship.
a. Any applicant must be 65 years of age, or older, or retired by reason of permanent or total
disability and must own a legal or equitable interest in the property applied for which must
be the homestead of the applicant; or
b. The annual gross income- of the applicant shall not be in excess of the criteria for
determining low income as set by the Hennepin County CDBG Program income limits for
very low income and family size. Income specified in the application should be the income
of the year proceeding the year in which the application is made, or the average income of
the three years prior to the year in which the application is made, whichever is less; and
c. Permanent and/or total disability shall be determined by using the criteria established for
"permanent and total disability" for Workman's Compensation and .the Social Security
Administration.
Subd. 5. Policies. The City Council shall establish and may from time to time modify policies
pertaining for the fair, equitable and consistent allocation of the cost of water
improvements. The policies may relate to factors for determining economic feasibility,
fees and charges for connecting to the system and the additional matters as the Council
shall determine appropriate in its reasonable discretion.
(Ord. 395, passed 7-28-2003)
9Q3.19 AMENDMENT -NOTICE.
This chapter may not be modified, amended, or repealed until a public hearing is held thereon by
the City Council. A notice of the time, place and purpose of the hearing shall be published in the city's
official newspaper and on its website at least 10 days prior to the day of the hearing. Failure of any
903-16
903.19 Water Use and Service 903.20
person to actually receive the notice shall not invalidate the proceedings provided a bona fide attempt
to comply with these provisions has been made. ~
(Ord. 395, passed 7-28-2003)
903.20 VIOLATION.
Any person violating any provision of this chapter shall be guilty of a misdemeanor and punished
according to § 104.01 of this code.
(Ord. 395, passed 7-28-2003}
903-17
Shorewood -Public Right-of-Way and Property
903-18
SHORdWOOD
5755 COUNTRY CLUB ROAD. • SHOREWOOD, MINNESOTA 55331-8927 • (952} 474-3236
FAX (952) 474-0128 ° www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us
MEMORANDUM
TO: Mayor and City Council
FROM: Larry Brown, Acting City Administrator
DATE: June 19, 2008
RE: Administrator Performance Review Forms
On Monday, June 2"d, the City Council reviewed a draft of the evaluation form for the City
Administrator and made recommendations as to revisions desired to the form. Attachment 1 is the
excerpt of the draft minutes that document the changes made. Also attached, as Attachment 2, is
the draft form used for that meeting conducted on June 2"d.
Attachment 3 is the revised evaluation form, per the direction provided. It should be noted that in
the "Comments" column on the right. hand side of the document, the previous item number has been
indicated, for those who desire to track the changes.
In addition, there are a few items that have asterisks indicated on the left hand side of the document.
In notes taken from staff from the work session, it was noted that there were suggestions that these
items would be deleted. However, the minutes do not reflect this change. Thus, these have
remained in the form, pending direction from the City Council.
vs - ° ~.
~®a® PRINTED ON RECYCLED PAPER ~
CITY OF SHOREWOOD
CITY COUNCIL WORK SESSION
MONDAY, JUNE 2, 2008
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
6:00 P.M.
Acting Mayor Turgeon called the meeting to order at 6:00 P.M.
A. Roll Call
Present. Acting Mayor Turgeon; Councilmembers Bailey, Wellens, and Woodruff; Acting
Administrator/Director of Public Works Brown; Finance Director Burton; Planning
Director Nielsen; and Engineer Landini
Absent: Mayor Lizee
B. Review Agenda
Acting Mayor Turgeon requested Item 4, Arsenic in Private Well Water, be discussed before Item 2 on
the agenda, and Item 2, City Administrator Performance Review Form, be discussed after Item 3 on the
agenda.
Bailey moved, Woodruff seconded, Approving the Agenda as Amended. Motion passed 4/0.
2. CITY ADMINISTRATOR PERFORMANCE REVIEW FORM
This item was discussed after Item 4 on the agen4la.
Acting Administrator Brown stated per Council's direction Staff took existing points of review from the
City's administrator performance review form and inserted them into the City of Diamond Bar,
California, form.
Councilmember Bailey thanked Acting Administrator Brown for his efforts in merging the documents.
He cautioned Council not to make the form too lengthy. He recommended Council be parsimonious when
considering which items to keep in the form. He suggested each category contain 5 items, 10 at the most.
The items included in each category were there to provide Councilmembers with a way to be more
specific about their evaluations. He stated the Budget and Finance category included items that were the
Finance Director's responsibility; although the Administrator supervised that position those items should
be deleted from this form. He recommended a summary item be added to each category for an overall
ranking of the category.
After ensuing discussion, there following changes were agreed too.
- Delete categories Law Enforcement and Additional Comments
- Add a category called Intergovernmental Relations
- The items will be changed to action statements
- A overall rating item will be added for each category
- Each item will be evaluated on a 5-level rating
Attachment 1
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
June 2, 2008
Page 2 of 9
- Relations with the City Council
- Delete items A, C, 4, 6, 7, 9, and 10
- Add the word timely to item 1
- Planning
- Delete items A, C, E, 3, 9, 10, 15, 16, and 18
- Combine items 1 and 2
- Delete "with the long range strategic planning process" from item 17
- Organizational Skills
- Delete items B, 3, 5, and 8
- Merge item D with item 4
- Budget and Finance
- Delete items A, D, 4, 5, 6, 7, and 9
- Add administers to line 1 of item 1
- Add facilities to item 3
- Community Relations
- Delete items C, 2, 3, 4, 8, 9, and 10
- In item A change "City Administrator" to "City" and change "the Administrator'
to "staff
- Add accurate to item 6
- Change item 7 to reflect something about an effective communications program
- Personnel Relations
- Delete items B, F, G, 3, 4, anGl 5
- Management Skills
- Delete items D, F, H, 1, ~, and 3
- Change item A to "Does the City Administrator effectively handle conflict
resolution"
- Move items A, B; C, E, G, and I to Leadership
- Move items 4 and 5 to Intergovernmental Relations
- Delete this category
- Leadership
- Delete items 1~, I, 7, 9; 10, 11, and 12
- Move 2, 3, 4, 5, and 6 to Intergovernmental Relations
- Change item 8 to "The Administrator demonstrates imagination and initiative"
Acting Administrator Brown stated for the next discussion he will provide a copy of the original merged
form and an updated form reflecting the changes agreed to.
Discussion returned to Item 5 on the agenda.
3. FIBER OPTIC TO CITY HALL BUILDING
This was discussed after Item 4 on the agenda.
Councilmember Woodruff gave a brief presentation on fiber optics to the premise, as detailed in the copy
of the presentation on file. He discussed what fiber optics was, how it differed from other communication
infrastructures, and what the benefits were.
Councilmember Wellens questioned what Councilmember Woodruff was proposing.
Councilmember Woodruff stated the LMCC was chartered to deal with franchise for cable television.
From his vantage point the LMCC was not sure of what else it should do; the LMCC could expand its
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1. RELATIONS WITH THE CITY COUNCIL 5 4 3 2 1 COMMENTS
A. Does the City Administrator maintain effective and open Deiete
lines of communication with the Council as a body and with
individual members?
B. Is the Council kept apprised of all ongoing and current
Keep
situations involving City business?
C. Does the City Administrator exercise sound judgment when Delete
advising Council?
1 Does the City Administrator maintain effective Keep
communication, both verbal and written, with the City
Council?
2 Does the City Administrator maintain availability to the City Keep
Council, either personally or through designated
subordinates?
3 Does the City Administrator establish and maintain a Keep
system of reports for Council on current plans and activities
of the staff?
4 How effective is the Administrator with Planning and Delete
organizing materials for presentations to the Council, either
verbally or written, in the most concise, consistent, clear
and comprehensive manner possible?
5 Materials, reports, presentations and recommendations are Keep
clearly and convincingly made.
6 Communications are made in a timely, forthright, and open Delete
manner.
7 How promptly and completely does the City Administrator Delete
respond to requests?
8 Recommendations are thoroughly presented and Keep
researched?
9 Adequate information is provided to Council to make Delete
decisions.
10 The City Administrator puts in place and maintains Delete
maintains a system to report to Council current plans,
activities, and events of the City.
Attachment #2
Lettered =Diamond Bar Form.
Numbered =Shorewood Form.
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II. PLANNING 5 4 3 2 1 COMMENTS
A. Does the City Administrator anticipate needs and recognize
potential problems?
Delete
B. Does the City Administrator propose effective solutions and
provide alternatives to identified problems?
Keep
C. In making decisions, does the City Administrator obtain the
facts and consider the long-term implications? Delete
D. Does the City Administrator provide the City Council with all
the information necessary to make decisions? Keep
E.
Are the goals of the City Council incorporated into plans for
implementation? Delete
1
How effective does the City Administrator Plan and
organize work that goes into providing services established
by past and current decisions of the City Council? Merge 1 and 2
2 The City Administrator plans and organizes work that
carries out policies adopted by the City Council and
developed by staff. Merge 1 and 2
3 Plans and organizes responses to public requests and
complaints or areas of concern brought to the attention of
staff by Council and staff. Delete
4 The City Administrator maintains a knowledge of new
technologies, systems, methods, etc. in relation to City
services. Keep
5 The City Administrator keeps Council advised of new and
pending legislation and developments in the area of public
policy. Keep
6 The City Administrator plans and organizes a process of
program planning in anticipation of future needs and
problems. Keep
7 The Administrator establishes and maintains an awareness
of developments occurring within other cities or other
jurisdictions that may have an impact on City activities.
Keep
8 The Administrator plans, organizes and maintains a
process of assisting the Council in establishing community
goals, including a process for monitoring and reporting on
the City's progress toward achieving those goals.
Keep
9 Maintains a knowledge of new technologies, systems,
methods, etc. in relation to City services. Deiete
Lettered =Diamond Bar Form.
Numbered =Shorewood Form.
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10 Keeps Council advised of new and pending legislation and
developments in the area of public policy. Delete
11 Plans and organizes a process of program planning in
anticipation of future needs and problems.
Keep
14 The Administrator maintains awell-constructed long-range
(strategic) plan, adopted by the Council, and is currently in
operation. Keep
15 Annual operational plans are carried out by staff members.
Delete
16 An on-going monitoring process is in operation to attain
quality assurance in program and project implementation.
Delete
17 Program evaluation and personnel evaluation are
interrelated with the long range strategic planning process. Keep
18 The City Administrator stays current on Legislative
knowledge, and remains current and complete on issues.
Delete
111. ORGANIZATIONAL SKILLS 5 4 3 2 1 COMMENTS
A. Does the City Administrator exhibit the ability to arrange
work and efficiently apply resources?
Keep
B. Does the City Administrator make decisions when sufficient
information is available, and implement actions when
conditions are ripe for success? Delete
C. Does the City Administrator exhibit the ability to reach for
effective and, when necessary, creative solutions?
Keep
D. Does the City Administrator obtain the best possible end
result for the money spent?
Merge with 4 below
E. Do the departments run smoothly, and there is adequate
internal communication among staff, and between staff and
Keep
the Cit Administrator?
1 How effeective is the Administrator regarding plans and
organization of on-going programs and services to city
Keep
government.
2 The City Administrator plans and organizes work involved in
researching program suggestions by Council and staff and
the reporting of the results of analysis.
Keep
3 Maintains knowledge of current and innovative trends in the
area of services being provided by local governments, and
incorporates that knowledge in program suggestions and
research. Delete
Lettered =Diamond Bar Form.
Numbered =Shorewood Form.
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4 Plans and organizes work assigned by the Council so that it
is completed with dispatch and efficiency.
Merge with D above
5 The Administrator plans, organizes and supervises
implementation of programs adopted or approved by the
council. Delete
6 The City Administrator monitors procedures that are in
place and functioning well.
Keep
7 The City Administrator measures outcomes (to the extent
possible) that are used to determine success in program
planning. Keep
8 The City Administrator can be depended upon to follow
through.
Delete
9 The City Administrator makes most effective use of
available staff talent.
Keep
IV. BUDGET AND FINANCE 5 4 3 2 1 COMMENTS
A. Does the City Administrator adequatelyand accurately
report and project the financial condition of the City in a
timely manner? Delete
B. Are the management practices and polices designed to
maintain a sound long-range financial position?
Keep
C. Are plans for the long-term replacement and maintenance
of equipment updated regularly?
Keep
D. Does the City Administrator implement effective programs
to limit liability and loss?
Delete
E. Are there short and long term goals for asset management?
Keep
F. Does the City Administrator suggest and pursue creative
solutions to financial issues?
Keep
1 The City Administrator plans and organizes the preparation
of an annual budget with documentation, etc. that conforms
to guidelines adopted by the Council. Keep
2 The Administrator plans, organizes and administers the
adopted budget with approved revenues and expenditures.
Keep
3 The Administrator plans, organizes and supervises the
most economic utilization of staff, materials, and equipment.
Keep
Lettered =Diamond Bar Form.
Numbered =Shorewood Form.
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4 The Administrator plans and organizes a system or reports
for Council that provide the most up-to-date data available
concerning expenditures and revenue. Delete
5 The City Administrator plans and organizes maintenance of
city-owned facilities, building and equipment.
Delete
6 How effective and thorough is the City Administrator in the
preparation and management of budgets?
Delete
7 does the City Administrator persistently pursues cost-
effeetive measures?
Delete
8 Financial reporting is timely and readily understandable.
Keep
9 Physical assets management is efficient.
Delete
V. COMMUNITY RELATIONS 5 4 3 2 1 COMMENTS
A. Does the City Administrator have a customer service
orientation; is the Administrator approachable, available
and responsive to the, public? Remove Does CA
B. Does the City Administrator communicate openly, clearly
and honestly with the public, recognizing their right and
need to be well informed? Keep
C. Do each of the Departments reflect a "customer first"
attitude?
Delete
1 Citizen complaints are effectively resolved.
Keep
2 The City Administrator plans, organizes and maintains
training of employees who have primary responsibility for
contact with the public, either by phone or in person.
Delete
3 The Administrator ensures that an attitude and feeling of
helpfulness, courtesy, and sensitivity to public perception
exists in employees coming in contact with the public. Delete
4 The Administrator establishes and maintains an image of
the City to the community that represents service, vitality
and professionalism. Delete
5 The City Administrator establishes and maintains a liaison
with private non-governmental agencies, organizations and
groups involved in areas of concern that relate to services
or activities of the City. Keep
Lettered =Diamond Bar Form.
Numbered =Shorewood Form.
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6 The Administrator makes contact with the media that are
timely and credible.
Keep
7 Publications are varied and consistently well received by
the citizens.
Keep
8 Feedback from the public and the community leadership is
positive.
Delete
9 City has good image with comparable organizations.
Delete
10 The City Administrator has an ability to solicit and use
feedback from the public.
Delete
VI. PERSONNEL RELATIONS 5 4 3 2 1 COMMENTS
A. Does the City Administrator build and motivate a team?
Keep
B. Does the City Administrator earn the cooperation and
respect of subordinates?
Delete
C. Does the City Administrator encourage employees to
update their skills and training?
Keep
D. Does the City Administrator promote teamwork and
cooperation among the Department Heads?
Keep
E. Does the City Administrator recognize the value of
excellence in employees, and use all reasonable efforts to
ensure that the best available individuals are recruited, Keep
F. Does the City Administrator maintain accurate job
descriptions for all employees?
Delete
G. Does the City Administrator ensure that all employees are
evaluated annually?
Delete
H. How do you rate the City Administrators overall
management style in dealing with employees?
Keep
1 Do the departments run smoothly, and there is adequate
internal communication among staff, and between staff and
the City Administrator? Keep
2 Performance evaluations are developed and performed for
staff on an annual basis.
Kee
Lettered =Diamond Bar Form.
Numbered =Shorewood Form.
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3 Well qualified, promising persons are recruited and
employed.
Delete
4 Employees are appropriately placed contributing to a high
retention rate.
Delete
5 The City Administrator has supervisory techniques to
motivate high performance.
Delete
VII. MANAGEMENT SKILLS 5 4 3 2 1
A. Does the City Administrator have the ability to resolve
conflicts inherent in a public agency?
Merge A and H and Reword
B. Is the City Administrator a good negotiator?
Keep
C. Does the City Administrator listen to and understand the
positions and circumstances of others, and communicate
that understanding? Keep
D. Does the City Administrator handle stress well?
Delete
E. Does the City Administrator exhibit resilience i.e., maintains
motivation and energy in spite of constant demands?
Keep
F. Does the City Administrator follow through in a timely
manner on commitments and requests?
Delete
G. Is the City Administrator proactive in recognizing issues and
initiating action?
Keep
H. Does the City Administrator handle people well in difficult
situations?
Delete
1. Does the City Administrator clearly communicate
expectations to contract organizations/personnel to
implement City goals and polices? Merge
1 The organization is aware of new trends in tools and
technology and they are implemented
Delete
2 The City Administrator maintains awareness of
developments and plans in other jurisdictions that may
relate to or affect City governments. Delete
Lettered =Diamond Bar Form.
Numbered =Shorewood Form.
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3 Establishes and maintains a liaison with other governmenta l
jurisdictions and associations in those areas of service that
improve or enhance the City's programs.
Delete
4 Maintains communications with governmental jurisdictions
and associations with which the City is involved or has
interaction.. MOVe IntergOv
5 The Administrator has a mutual understanding and
relationship with the State Legislature.
Move Intergov
III. LEADERSHIP 5 4 3 2 1 COMMENTS
A. Does the City Administrator inspire a shared vision and
enlist staff and City Council support?
Keep
B. Does the City Administrator seek and pursue opportunities
to improve the organization?
Keep
C. Does the City Administrator enable others to act by creating
an atmosphere of trust and collaboration?
Keep
D. Does the City Administrator create standards of excellence
and model this behavior?
Keep
E. Does the City Administrator conform to the high ethical
standards of the profession?
Keep
F. Has the City Administrator met the goals established by the
City Council during this evaluation period?
Delete
1 The City Adminstrator is effective at selecting, leading,
directing and developing staff members.
Delete
2 The Cty Administrator maintains sufficient activity with
municipal and professional organizations.
Move Inter ov
3 The City Adminsitrator is regarded as highly competent by
municipal officials.
Move Inter ov
4 The City Administrator provides examples of good ideas
from other jurisdictions.
Move Inter ov
5 The Adminstrator maintains positive relationships with
surrounding cities.
Move Inter ov
6 The Adminstrator maintains good cooperation with County
and State agencies.
Move Inter ov
Lettered =Diamond Bar Form.
Numbered =Shorewood Form.
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7 The City Administrator maintains an awareness and value
of broadening professional and personal development.
Delete
8 The Administrator demonstrates imaginative leadership
initiatives.
Reword
9 The City Administrator maintains an ability to build
cohesiveness in staff.
Delete
10 The City Administrator is effectiveness in verbal
communications.
Delete
11 Management techniques show evidences of innovation,
imagination, and decisiveness.
Delete
12 Techniques are incorporated that promote cooperation and
information sharing between departments and staff as a
whole. Delete
IX. LAW ENFORCEMENT 5 4 3 2 1
A. Does the City Administrator maintain regular
communication with the contract enforcement agency?
Delete
B. Does the City Administrator enforce all laws and ordinances
of the City?
Delete
X. ADDITIONAL COMMENTS
Evaluator: Date:
Lettered =Diamond Bar Form.
Numbered =Shorewood Form.
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A. Council is kept apprised of all ongoing and current situations Old 1 B
involving City business.
B. Maintains effective and timely communication, both verbal Old 1.1
and written, with the City Council.
C. Maintains availability to the City Council, either personally or Old 1.2
through designated subordinates.
D. Establishes and maintains a system of reports for Council Old 1.3
on current plans and activities of the staff.
E. Materials, reports, presentations and recommendations are Old 1.5
clearly and convincingly made.
F. Recommendations are thoroughly presented and Old 1.8
researched.
COMM ENTS
Attaclnnent #3
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II. PLANNING 5 4 3 2 1 COMMENTS
A. Proposes effective solutions and provides alternatives to
identified problems. Old 2,B
B. Provides the City Council with all the information necessary
to make decisions.
Old 2. D
C. The Administrator plans and organizes work that provides
polices and services, carried out by staff, that are in
accordance with the decisions of the City Council. COmbined 2.1 and 2.2
D. Maintains a knowledge of new technologies, systems,
methods, etc. in relation to City services. Old 2.4
E. The City Administrator plans and organizes a process of
program planning in anticipation of future needs and
problems. Old 2.6
F. The Administrator establishes and maintains an awareness
of developments occurring within other cities or other
jurisdictions that may have an impact on City activities.
Old 2.7
G. The Administrator plans, organizes and maintains a process
of assisting the Council in establishing community goals,
including a process for monitoring and reporting on the
City's progress toward achieving those goals.
Old 2.8
H. Plans and organizes a process of program planning in
anticipation of future needs and problems. Old 2.11
I. The Administrator maintains awell-constructed long-range
(strategic) plan, adopted by the Council, and is currently in
operation. Old 2.14
J. The City Administrator performs program evaluations and
personnel evaluations that are interrelated.
Old 2.17
COMM ENTS
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-III. ORGANIZATIONAL SKILLS 5 4 3 2 1 COMMENTS
A. The City Administrator exhibits the ability to arrange work
and efficiently apply resources.
Old 3.A
B. The City Administrator exhibits the ability to reach for
effective and, when necessary, creative solutions.
Old 3.C
C. Plans and organizes work assigned by the Council so that it
is completed timely and efficienciently and obtains the best
possible end result for the money spent. COmbined 3.D and 3.4
D. Departments run smoothly, and there is adequate internal
communication among staff, and between staff and the City
Administrator. Old 3.E
E. The City Administrator plans and organizes on-going
programs and services to city government.
Old 3.1
F. The City Administrator plans and organizes work involved in
researching program suggestions by Council and staff and
the reporting of the results of analysis.
Old 3.2
G. The City Administrator monitors procedures that are in place
and functioning well.
Old 3.6
H. The City Administrator measures outcomes (to the extent
possible) that are used to determine success in program
planning. Old 3.7
1. The City Administrator. makes most effective use of
available staff talent.
Old 3.9
COMM ENTS
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IV. BUDGET AND FINANCE 5 4 3 2 1 COMMENTS
A. Management practices and polices are designed to maintain
a sound long-range financial position.
Old 4.8
B. Plans for the long-term replacement and maintenance of
equipment are updated regularly.
Old 4.C
C. The City Administrator maintains short and long term goals
for asset management.
Old 4.E
D. The City Administrator suggests and pursues creative
solutions to financial issues.
Old 4.F
E. The City Administrator plans, organizes and administers the
preparation of an annual budget with documentation, etc.
that conforms to guidelines adopted by the Council.
Old 4.1
F. The Administrator plans, organizes and administers the
adopted budget with approved revenues and expenditures.
Old 4.2
G. The Administrator plans, organizes and supervises the most
economic utilization of staff, materials, facilites and
equipment. Old 4.3
H. Financial reporting is timely and readily understandable.
Old 4.8
COMM ENTS
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V. COMMUNITY RELATIONS 5 4 3 2 1 COMMENTS
A The City has a customer service orientation and staff is
approachable, available and responsive to the public.
Remove Does CA, Old 5.A
B. The City Administrator communicates openly, clearly and
honestly with the public, recognizing their right and need to
be well informed. Old 5. B
C. Citizen complaints are effectively resolved.
Old 5.1
D. The City Administrator establishes and maintains a liaison
with private non-governmental agencies, organizations and
groups involved in areas of concern that relate to services
or activities of the City. Old 5.5
E. The Administrator makes contact with the media that are
timely, credible and accurate.
Old 5.6
F. The Administrator consistently provides publications that are
effective in communicating City vision, policies, or updates
on current issues to the public. Rev1/Ord ;Old 5.7
COMM ENTS
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VI. PERSONNEL RELATIONS 5 4 3 2 1 COMMENTS
A. The City Administrator builds and motivates a team.
Old 6.A
B. The City Administrator encourages employees to update
their skills and training.
Old 6.C
C. Promotes teamwork and cooperation among the
Department Heads.
Old 6.D
D. The City Administrator recognizes the value of excellence in
employees, and use all reasonable efforts to ensure that the
best available individuals are recruited, hired, and continue
to work for the City. Old 6. E
E. The City Administrators is effective in overall his/her
management style in dealing with employees.
Old 6. H
F. Departments run smoothly, and there is adequate internal
communication among staff, and between staff and the City
Administrator. Old 6.1
G. Performance evaluations are developed and performed for
staff on an annual basis.
Old 6.2
COMM ENTS
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VII. LEADERSHIP 5 4 3 2 1
A. The City Administrator inspires a shared vision and enlists
staff and City Council support.
Old 8.A
B. The Administrator seeks and pursues opportunities to
improve the organization.
Old 8.B
C. The City Administrator enables others to act by creating an
atmosphere of trust and collaboration.
Old 8.C
D. The City Administrator creates standards of excellence and
models this behavior.
Old 8.D
E. The City Administrator conforms to the high ethical
standards of the profession.
Old 8. E
F. The Administrator demonstrates imaginative leadership
initiatives.
Reword, Old 8.8
G. The City Administrator has the ability to resolve conflicts and
handle people well and with respect in difficult situations. Mer e A and H and Reword
g
Old 7.A
H. The City Administrator a good negotiator.
Old 7.B
I. Listens to and understands the positions and circumstances
of others, and effectively communicates that understanding.
Old 7.C
J. The City Administrator exhibits resilience i.e., maintains
motivation, energy and a positive attitude.
Old 7.E
K. Is proactive in recognizing issues and initiating action.
Old 7.G
L. The City Administrator clearly communicates expectations to
contract organizations/personnel to implement City goals
and polices. Merge Old 7.1
COMM ENTS
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III. INTERGOVENMENTAL RELATIONS 5 4 3 2 1
A. The City Administrator keeps Council advised of new and
pending legislation and developments in the area of public
policy. Old 2.5
B. Maintains communications with governmental jurisdictions
and associations with which the City is involved or has
interaction.. Move Intergov Old 7.4
C. The Administrator has a mutual understanding and
relationship with the State Legislature.
Move Intergov Old 7.5
D. The City Adminsitrator is regarded as highly competent by
municipal officials.
Move Intergov Old 8.3
E. The City Administrator provides examples of good ideas
from otherjurisdictions.
Move Inter ov Old 8.4
F. The Adminstrator maintains positive relationships with
surrounding cities.
Move Intergov, Old 8.5
G. The Cty Administrator maintains sufficient activity with
municipal and professional organizations.
Move Inter ov Old 8.2
H. The Adminstrator maintains good cooperation with County
and State agencies.
Move Intergov Old 8.6
COMM ENTS
Evaluator: Date: