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HomeMy WebLinkAbout1979-070 Council OrdinancesORDINANCE NO. 70 CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA AN ORDINANCE CREATING THE OFFICE OF CITY ADMINISTRATOR AND DEFINING POWERS AND DUTIES OF SAID OFFICE THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA, ORDAINS: SECTION 1. Position Established, Purpose. By authority vested in the City Council under Minnesota Statutes 412.111, the office and position of City Administrator is hereby created for the purpose of assisting the Council in carrying out the administrative functions of the City, and to advise the Coun- cil in matters of general policy. SECTION 2. Appointment, Tenure. The administrator shall be appointed by the City Council for an indefinite term. Removal from this position will be by an affir- mative vote of a majority of all members of the City Council. SECTION 3. Duties and Responsibilities. a) Executive Office. The administrator shall be the chief execu- tive officer for the Council. The Administrator shall coordinate the administration of all City Departments and Divisions. b) Laws and Policies. The Administrator shall be responsible directly to the Council for the enforcement of all Ordinances, regulations and law enforcement policies of the Council and all laws of the State of Minnesota which may apply within the boundaries of the City. The Administrator shall advise the Council on matters of governmental and public policy which is pertinent to municipal operations. c) Budget and Finance. The Administrator shall be directly responsible to the Council for the preparation, recommendation and management of the annual City budget, and shall be chief fis- cal, financial and purchasing officer of the City. d) Programs and Projects. The Administrator shall be directly responsible to the Council for planning and carrying out all capi- tal improvement projects and service programs, and shall be chief project and program director for the City. e) Administrator and Personnel. The Administrator shall be the chief administrative and personnel officer of the City. The admi- nistrator shall be directly responsible to the Council for admini- stration of all departments and divisions of the City, and shall be directly responsible to the Council for the supervision of all temporary, permanent, full-time, part-time and consulting personnel of the City, except those appointed by the Council to serve on advisory boards and commissions. f) General. The Administrator shall attend all meetings as may be required by the Council; perform all reasonable tasks set before the Administrator by the Council; furnish all such verbal and written reports concerning the assigned responsibilities of the Administra- tor as the Council may desire; and maintain good and proper rela- tions with the public at large. L SECTION 4. Authority. a) Administrative Policy. The Council hereby authorizes the Administrator to establish such administrative policies and pro- cedures as may be necessary to insure the proper and efficient operation of all departments and divisions of the City, and to issue administrative orders to carry out such administrative policies and procedures. Such administrative policies and pro- cedures shall be consistent with Minnesota Statutes, City Ordinances and Council policy. The Council shall be apprised of such admi- nistrative policies and procedures. b) Fiscal Control. The Council hereby authorizes the Administrator to exercise control over the fiscal expenditures of all the depart- ments and divisions of the City and such appropriations which appear in the annual City budget. The Administrator may allow purchases of up to One Thousand ($1,000.00) Dollars for budgeted item purchases; purchases over the allowed maximum shall require the approval of the Council. The Council shall audit all claims and shall retain its power to disaffirm any order or contract entered into by the Administrator on behalf of the Council. c) Personnel. All department heads and supervisors, and admini- strative personnel shall report directly to the Administrator. The Administrator shall recommend to the Council the hiring, promotion, demotion, or dismissal of any probationary, temporary, permanent, full-time or part-time employee of the City. The Council shall make all final determinations with regard to the employment, promo- tion, suspension or dismissal of City employees SECTION 5. Ordinance Modification. Any provisions herein may be modified as the Council's considered judgment dictates by Resolution by four -fifths (4/5's) vote of the Council members. SECTION 6. Effective date. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed by the City Council this l0th day of December, 1979. Harvey F. Karth, Mayor ATTEST: a,, Edna L. Sarner City Clerk -Treasurer _fCITY SEAL) THIS AGREEMENT, made and entered into thisday of October, 1979 by and between the City of Lino Lakes, State of Minnesota, a municipal corporation, hereinafter called "City" as a party of the first part, and Randall B. Schumacher, hereinafter called "Employee" as party of the second part, both of whom understand as follows: WITNESSETH: WHEREAS, the City desired to employ the services of said Randall B. Schumacher as City Administrator of the City of Lino Lakes effective November 1, 1979, as provided by the State Statutes and as provided by the attached copy of the Position Description duly adopted WHEREAS, it is the desire of the City to provide certain benefits, establish certain conditions of employment, and to set working conditions of said Employee; and WHEREAS, it is the desire of the City to (1) secure and retain the services of "Employee" and to provide inducement for him to remain in such employement; (2) to make possible full work productivity by assuring employee's morale and peace of mind with respect to future security; (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of the employee; and (4) to provide a just means for terminating employee's services at such time as he may be unable fully to discharge his duties due to age or disability or when the City may desire to otherwise terminate his employ; and WHEREAS, Employee desired to serve in the employment of said City as the City Administrator: NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: SECTION I: DUTIES. (A) The City of Lino Lakes hereby agrees to employ said Randall B. Schumacher as City Administrator of said City to perform the function and duties specified in the Position Description attached and to perform such other legally permissable and proper duties and functions as the City Council shall from time to time assign. SECTION II: TERM. (A) Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the City to terminate the services of Employee at any time, subject only to the provisions set forth in Section III, paragraph A of this agreement. (B) Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the Employee to resign at any time from his position with the City subject only to the provision set forth in Section III, Paragraph C, of this agreement. (C) Employee agrees to remain in the exclusive employment of the City and lither to accept, nor become employed by any other employer until terminated by the City or by the Employee's resignation except as approved by council. SECTION III: TERMINATION AND SEVERANCE PAY A. In the event Employee is terminated by the City Council during such time that said Employee is willing and able to perform the duties of the City Administrator then in that event the City agrees to pay Employee a lump sum cash payment equal to three (3) months' pay aggregate salary; provided, however, that in the event Employee is terminated because of his conviction of any illegal act involving personal gain to him, then, in that event, the City shall have no obligation to pay the aggregate sum designated in this paragraph. B. In the event the City at any time during the employment term reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across the board reduction for all City employees, or in the event the City refuses, following written notice, to comply with any other provision benefiting Employee herein, or the Employee resigns following a formal suggestion, by the City that he resign, then, in that event, Employee may at his option, be deemed to be "terminated" at that date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. C. In the event Employee voluntarily resigns his position with the City then Employee shall give the City forty-five (45) days notice in advance. SECTION IV: SALARY A. The City agrees to pay -Employee for his services rendered pursuant hereto an annual base salary of $25,500. The City will conduct a performance salary review after L,,ix months of employment. B. During the term of this agreement, annual compensation of Employee shall be reviewed by the City Council on January of each year. SECTION V: HOURS OF WORK A. It is recognized the Employee must devote a great deal of his time outside normal office hours to business of the City and to that end Employee will be allowed to take compensatory time off as he shall deem appropriate. SECTION VI. DUES AND SUBSCRIPTIONS A. The City agrees to budget and to pay the professional dues and subscriptions of employee necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the City. SECTION VII: PROFESSIONAL DEVELOPMENT A. The City hereby agrees to budget and to pay the travel and subsistance expenses of Employee for professional and official travel, meetings, and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for the City. This may include, but not limited tlo, the Annual Conference of the International City Management Association, the National League of Cities, the State League of Municipalities, and such other committees thereof which Employee serves as a member as approved by the City Council. B. The City agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for his .professional development and for the good of the City as approved by the City Council. SECTION VIII: GENERAL EXPENSES A. The City recognizes that certain expenses of a non -personal and generally job affiliated nature are incurred by Employee, and hereby agrees to reimburse or to pay said general expenses. SECTION IX: CIVIC CLUB MEMBE-SHIP A. The City recognizes the desirability of representation in and before local civic and other organizations. Employee may become a member of such civic organizations at his own expense without prior City approval. SECTION X: HEALTH AND LIFE INSURANCE A. The City agrees to provide hospitalization, surgical, and comprehensive medical insurance for Employee and his dependents and to pay the premiums thereon. The City will pay the premiums on $15,000 group life insurance in addition. SECTION XI: RETIREMENT, ICMA PLAN A. The City agrees to approve an agreement provided by the ICMA retirement plan and the City of Lino Lakes when requested by the Employee. SECTION XII: OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. The City shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement. B. All provisions of the City Code, and regulations and rules of the City relating to vacation and sick leave, retirement and pension system contributions, holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of the City, in addition to said benefits enumerated specifically for the benefit of Employee, except as herein provided. C. Employee shall be entitled to two weeks vacation for the year 1980 and can choose the time based upon the needs of the City. D. Employee shall be entitled to a bank of 30 days of sick leave immediately on his first day of employment. He will accrue sick leave on the same rate as other employees but may not accrue more than 60 days as per city policy. E. Employee will be reimbursed for moving expenses of household goods from Sauk Rapids to Lino Lakes, Minnesota. Such move consists of packing, unpacking, transportation, insurance, disconnecting and connecting of major appliances. I F. Employee will be reimbursed for expenses for he and his wife for trips to Lino Lakes for the purpose of locating a home in Lino Lakes prior to his reporting date. SECTION XIII: GENERAL PROVISIONS Or A. The text herein shall constitute the entire agreement between the parties. B. This agreement shall be binding upon and inure to the benefit of the heirs at ,,,,.law and executors of Employee. C. If any provision, or any portion thereof, contained in this agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS WHEREOF, the City of Lino Lakes on a unanimous vote of its City Council has caused this agreement to be signed and executed in its behalf by its Mayor and duly attested by its City Clerk and the Employee has signed and executed this agreement in duplicate. ATTEST: 2 CITY CLERK DATE: MAYOR OF TCITY OF LYNO LAKES STA' OF MINNESOTA DATE: /6,- .2 - 7 t Leuz EMPLOYEE DATE: /0 •-c). �7 BABCOCK, LOCHER, NEILSON & MANNELLA ATTORNEYS AT LAW 1 IS EAST MAIN STREET ANOKA, MINNESOTA 55303 EDMUND P. BABCOCK LANDOL J. LOCHER JAMES M. NEILSON FELIX A. MANNELLA JOHN R. SPEAKMAN ROBERT F. MANNELLA WILLIAM D. SCHUTTER RICHARD W. JOHNSON GARY T. LAFLEUR CHARLES H. STANDFUSS December 11, 1979 Edna L. Sarner City of Lino Lakes 1189 Main Street Lino Lakes, MN 55014 Re: Ordinance No. 70 - City of Lino Lakes TEL: (612) 421-5151 NORTHTOWN OFFICE NORTHTOWN CENTER 117 NORTHTOWN DRIVE BLAINE, MN. 55434 TEL: (612) 786-0250 I enclose, herewith, the original of Ordinance No. 70, and a copy of the letter to the Forest Lake Times. Please type the original in the Ordinance Book and sign and seal and have the Mayor sign same. Thank you. Yours very truly, Landol:d: Locher LJL:kmv Enclosures THIS AGREEMENT, made and entered into this R day of October, 1979 by and between the City of Lino Lakes, State of Minnesota, a municipal corporation, hereinafter called "City" as a party of the first part, and Randall B. Schumacher, hereinafter called "Employee" as party of the second part, both of whom understand as follows: WITNESSETH: WHEREAS, the City desired to employ the services of said Randall B. Schumacher as City Administrator of the City of Lino Lakes effective November 1, 1979, as provided by the State Statutes and as provided by the attached copy of the Position Description duly adopted jp—„.2,2 WHEREAS, it is the desire of the City to provide certain benefits, establish certain conditions of employment, and to set working conditions of said Employee; and WHEREAS, it is the desire of the City to (1) secure and retain the services of "Employee" and to provide inducement for him to remain in such employement; (2) to make possible full work productivity by assuring employee's morale and peace of mind with respect to future security; (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of the employee; and (4+) to provide a just means for terminating employee's services at such time as he may be unable fully to discharge his duties due to age or disability or when the City may desire to otherwise terminate his employ; and WHEREAS, Employee desired to serve in the employment of said City as the L'City Administrator: NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: SECTION I: DUTIES. (A) The City of Lino Lakes hereby agrees to employ said Randall B. Schumacher as City Administrator of said City to perform the function and duties specified in the Position Description attached and to perform such other legally permissable and proper duties and functions as the City Council shall from time to time assign. SECTION II: TERM. (A) Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the City to terminate the services of Employee at any time, subject only to the provisions set forth in Section III, paragraph A of this agreement. (B) Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the Employee to resign at any time from his position with the City subject only to the provision set forth in Section III, Paragraph C, of this agreement. (C) Employee agrees to remain in the exclusive employment of the City and n1ither to accept, nor become employed by any other employer until terminated by the City or by the Employee's resignation except as approved by council. SECTION III: TERMINATION AND SEVERANCE PAY In the event Employee is terminated by the City Council during such time that said Employee is willing and able to perform the duties of the City Administrator then in that event the City agrees to pay Employee a lump sum cash payment equal to three (3) months' pay aggregate salary; provided, however, that in the event Employee is terminated because of his conviction of any illegal act involving personal gain to him, then, in that event, the City shall have no obligation to pay the aggregate sum designated in this paragraph. B. In the event the City at any time during the employment term reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across the board reduction for all City employees, or in the event the City refuses, following written notice, to comply with any other provision benefiting Employee herein, or the Employee resigns following a formal suggestion, by the City that he resign, then, in that event, Employee may at his option, be deemed to be "terminated" at that date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. C. In the event Employee voluntarily resigns his position with the City then Employee shall give the City forty-five (45) days notice in advance. SECTION IV: SALARY A. The City agrees to pay -Employee for his services rendered pursuant hereto an annual base salary of $25,500. The City will conduct a performance salary review after �1x months of employment. B. During the term of this agreement, annual compensation of Employee shall be reviewed by the City Council on January of each year. SECTION V: HOURS OF WORK A. It is recognized the Employee must devote a great deal of his time outside normal office hours to business of the City and to that end Employee will be allowed to take compensatory time off as he shall deem appropriate. SECTION VI. DUES AND SUBSCRIPTIONS A. The City agrees to budget and to pay the professional dues and subscriptions of employee necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the City. SECTION VII: PROFESSIONAL DEVELOPMENT A. The City hereby agrees to budget and to pay the travel and subsistance expenses of Employee for professional and official travel, meetings, and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for the City. This may include, but not limited tp, the `nnual Conference of the International City Management Association, the National �-League of Cities, the State League of Municipalities, and such other committees thereof which Employee serves as a member as approved by the City Council. B. The City agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for his professional development and for the good of the City as -approved by the City Council. SECTION VIII: GENERAL EXPENSES A. The City recognizes that certain expenses of a non -personal and generally job affiliated nature are incurred by Employee, and hereby agrees to reimburse or to pay said general expenses. SECTION IX: CIVIC CLUB MEMBERSHIP A. The City recognizes the desirability of representation in and before local civic and other organizations. Employee may become a member of such civic organizations at his own expense without prior City approval. SECTION X: HEALTH AND LIFE INSURANCE A. The City agrees to provide hospitalization, surgical, and comprehensive medical insurance for Employee and his dependents and to pay the premiums thereon. The City will pay the premiums on $15,000 group life insurance in addition. SECTION XI: RETIREMENT, ICMA PLAN A. The City agrees to approve an agreement provided by the ICMA retirement plan and the City of Lino Lakes when requested by the Employee. SECTION XII: OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. The City shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement. B. All provisions of the City Code, and regulations and rules of the City relating to vacation and sick leave, retirement and pension system contributions, holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of the City, in addition to said benefits enumerated specifically for the benefit of Employee, except as herein provided. C. Employee shall be entitled to two weeks vacation for the year 1980 and can choose the time based upon the needs of the City. D. Employee shall be entitled to a bank of 30 days of sick leave immediately on his first day of employment. He will accrue sick leave on the same rate as other employees but may not accrue more than 60 days as per city policy. E. Employee will be reimbursed for moving expenses of household goods from Sauk Rapids to Lino Lakes, Minnesota. Such move consists of packing, unpacking, transportation, insurance, disconnecting and connecting of major appliances. F. Employee will be reimbursed for expenses for he and his wife for trips to Lino Lakes for the purpose of locating a home in Lino Lakes prior to his reporting date. SECTION XIII: GENERAL PROVISIONS A. The text herein shall constitute the entire agreement between the parties. R. This agreement shall be binding upon and inure to the benefit of the heirs at l w and executors of Employee. C. If any provision, or any portion thereof, contained in this agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS WHEREOF, the City of Lino Lakes on a unanimpus vote of its City Council has caused this agreement to be signed and executed in its behalf by its Mayor and duly attested by its City Clerk and the Employee has signed and executed this agreement in duplicate. ATTEST: ' CITY CLERK DATE: /�� - 7l MAYOR OF T STA DATE: CItYOF L[NO LAKES OF MINNESOTA -79 012(2n aLac_12_ EMPLOYEE DATE: /0 —a). %9 1