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HomeMy WebLinkAbout03-02-16 City Council Meeting Packet 3 of 3 MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: March 1, 2016 CONSENT ITEM 18 MOTION AGENDA ITEM: Needed repairs/upgrades to Engine #2 SUBMITTED BY: Greg Malmquist, Fire Chief THROUGH: City Administrator REVIEWED BY: City Administrator SUGGESTED ORDER OF BUSINESS: - Introduction of Item .............................................................. City Administrator - Report/Presentation………………………………………………… Fire Chief - Questions from Council to Staff ............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECCOMENDER: Fire Chief FISCAL IMPACT: $4,653.02 SUMMARY AND ACTION REQUESTED: Determine expenditure for repairs/upgrades. LEGISLATIVE HISTORY: This Engine, purchased in 1990, was our “First Due” from Station #1 until 2014. At that time it was swapped with Engine 2 from Station #2. This was done due to increasing maintenance issues/costs, to reduce the number of responses and increase the life of the vehicle. This vehicle has been identified in the CIP for several years for replacement, and in the current CIP is shown for replacement in 2017. It was taken “out of service” on February 11, 2016, due to DOT non-compliance, (most recent items are Jake Brake operating intermittently and front turn signals falling off of truck, see photos) safety concerns raised by Firefighters and emergency lighting concerns. DOT compliance encompasses the proper function and operation of basic items on the vehicle such as brakes, running lights, turn signals, brake lights, tires, etc. Basic items to ensure the vehicle is road worthy and safe to operate. While we are exempt from annual DOT Inspections, City Council Meeting [Regular Agenda Item 18) March 2, 2016 -- page 2 -- we still maintain compliance with these requirements to ensure the safety of our personnel and to protect the City from potential liability in the event of an accident. Our fleet is inspected twice a year by DOT Certified mechanics. At such time they identify items that need attention or repair. (See attached DOT inspection form and EAM checklist). Emergency lighting requirements are determined by NFPA, (National Fire Protection Assoc.), which establishes nationally recognized standards. While this vehicle met the requirements when it was constructed in 1990, standards have changed over the last 26 years. Technology has improved with improved, brighter LED lighting. Roadways have become increasingly more dangerous for Responders, both responding to a scene and working at a scene on a roadway, due to drivers being more distracted and inattentive than ever, (cell phones and other technology). (See attached NFPA 1901, Standard for Automotive Fire Apparatus, Chapter 13, pages 36 – 43 pertain to lighting). BACKGROUND INFORMATION (SWOT): Strengths If repairs/upgrades are done, vehicle will be back in service and a safer work environment will be provided for Firefighters. Weaknesses Significant investment in 26 year old apparatus with an approx.. value of $6,000 - $11,000. Current emergency lighting met NFPA Standards in 1990, but not today’s standards. Drivers today are more distracted than ever. Opportunities Provide for the safety of Firefighters and ensure proper response with proper equipment to serve community. Threats Future additional maintenance issues due to age of vehicle. If not repaired will have response impact. When T2 goes in for scheduled repair, we will not have an Engine at Station #2 for one week. With this vehicle out of service, we have one rated Engine/Tender (T2) for response from Station #2. T2 is a larger vehicle, due to the amount of water it carries, that does not fit in many of the driveways in the Station #2 area. This will lead to crews waiting for a vehicle from Station #1 in the event of a fire. RECOMMENDATION: Looking for determination from Council. ATTACHMENTS: • EAM Repair Quote • DOT Inspection Form • EAM Safety Inspection Checklist • NFPA Standard 1901 • Photos • Last inspection report from EAM MAYOR AND COUNCIL COMMUNICATION DATE: 3/2/16 REGULAR ITEM #: 19 MOTION AGENDA ITEM: Building Official reporting supervisor SUBMITTED BY: Clark Schroeder THROUGH: Clark Schroeder REVIEWED BY: Clark Schroeder SUGGESTED ORDER OF BUSINESS: - Introduction of Item .................................................................................................... Staff - Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates - Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council - Action on Motion .................................................................................. Mayor Facilitates PUBLIC POLICY STATEMENT: Council will set policy of who the building official reports to. SUMMARY AND ACTION REQUESTED: The Administrator is requesting direction as to organizational structure and chain of command for the building official. BACKGROUND AND STAFF REPORT: During the development of the 2016 budget book a discrepancy was noticed in reporting structure. Past Organizational Charts, have had the Building Official report to the Community Development Director. Our city ordinance clearly states that the Building Official reports to the City Administrator. There can be arguments made for both reporting structures. The Administrator is looking for council direction regarding this matter. RECOMMENDATION: Two motions are set before the Council. Motion one: “Move to change the Organizational Chart to align with the city code and have the building official report to the City Administrator.” Motion Two: “Move to change the ordinance to have the Building Official report to the Planning Director.” 474635v1 SJS LA515-1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. ________ AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY AMENDING THE CITY’S PROVISIONS RELATED TO THE BUILDING DEPARTMENT SECTION 1. The City Council of the City of Lake Elmo hereby amends Title III: Administration; Chapter 32: City Organizations; Section 32.001 by adding the double-underlined material and deleting the stricken material as follows: § 32.001 BUILDING DEPARTMENT There is continued in the city a Building Department which shall be under the jurisdiction of the Building Official designated by the Council; the Building Official shall report to the City Administrator Planning Director. SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance No. ____ was adopted on this 16th day of February, 2016, by a vote of __ Ayes and __ Nays. LAKE ELMO CITY COUNCIL ___________________________________ Mike Pearson, Mayor ATTEST: _________________________________ Julie Johnson, City Clerk This Ordinance ________ was published on the _____ day of _________________, 2016. MAYOR AND COUNCIL COMMUNICATION DATE: 03/02/16 REGULAR ITEM #: 20 MOTION AGENDA ITEM: Planning Commission to Review Land Use SUBMITTED BY: Mike Pearson THROUGH: Clark Schroeder REVIEWED BY: Clark Schroeder SUGGESTED ORDER OF BUSINESS: - Introduction of Item .................................................................................................... Staff - Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates - Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council - Action on Motion .................................................................................. Mayor Facilitates PUBLIC POLICY STATEMENT Council can set policy of land use after the moratorium is lifted SUMMARY AND ACTION REQUESTED: Staff requests the City Council to provide guidance to the Planning Commission as to the land use issues needing to be studied for the moratorium to be lifted. BACKGROUND AND STAFF REPORT: On July 7th 2015, an interim ordinance declaring a moratorium for a period of 12 months on residential development within the stage one development area and all development activity within the stage two or three development areas as described by the Lake Elmo Comprehensive plan was adopted. The city council needs to produce a statement of finding by July 7th stating what was addressed and/or changed during the moratorium period, or state findings and institute another 6 month period with stated goals for the additional extension. For clarification purposes, this moratorium does NOT apply to Stage one development as follows a) projects that have been granted concept, preliminary, or final plan and/or plat approval; or b) projects that have paid advance water service committee fees. c) any project that would benefit the community by the installation of essential services like sewer, water, storm sewer, or other public safety mechanisms. Nor does the moratorium apply to state 2 and 3 development as follows. a) projects that have been granted concept, preliminary, or final plan and/or plat approval; or b) projects that have paid advance water service committee fees. c) commercial development in cases where the City Council determines that the project provides sufficient incremental tax value to the community and the developer would bear the whole cost of infrastructure development. The Moratorium also does not apply to Planned Unit Development applications that meet the requirements of reduced density per the Met Council’s Thrive 2040 numbers, open space preservation, public infrastructure efficiency, and other considerations deemed to be in the community’s best interests. In short, the moratorium applies to sewered residential development along the I94 corridor. Given that the moratorium was instituted to study and make possible changes to the Comp Plan for residential development, the City Council should direct the Planning Commission to address the issue with Council direction. RECOMMENDATION: Staff requests the City Council to provide guidance to the Planning Commission as to the land use issues needing to be studied for the moratorium to be lifted. “Move to have the Planning Commission study possible comp plan amendments for the Stage 1,2 and 3 sewered areas following council direction before the moratorium is lifted.” ATTACHMENT(S): Ordinance 08-123 Interim Moratorium Staging Map City of Lake Elmo7-19-2012Data Scource:Washington County, MNI-94 Corridor Development Staging Plan - Lake Elmo, MNK§¨¦94456717456717456710456713§¨¦94145671932456715Stage 1Stage 3Stage 200.510.25MilesMap 3-4 475909v1 SJS LA515-1 MAYOR AND COUNCIL COMMUNICATION DATE: 03/02/2016 REGULAR ITEM #: 21 MOTION AGENDA ITEM: City Administrator Contract SUBMITTED BY: Sarah Sonsalla, City Attorney THROUGH: Julie Johnson, City Clerk REVIEWED BY: Sarah Sonsalla/Julie Johnson SUGGESTED ORDER OF BUSINESS: - Introduction of Item .................................................................................................... Staff - Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates - Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council - Action on Motion .................................................................................. Mayor Facilitates PUBLIC POLICY STATEMENT (IF APPLICABLE) SUMMARY AND ACTION REQUESTED: Discussion on the finalization of the City Administrator contract. BACKGROUND AND STAFF REPORT: At its meeting on February 16th, the Council directed me to offer the City Administrator position to Kristina Handt and to negotiate a contract. I contacted Ms. Handt and told her that the Council would like to offer her the position. I provided her with the attached draft contract. Ms. Handt reviewed the contract. She has requested some substantive changes to the contract, which can be provided to the Council at the meeting. Ms. Handt has indicated to me that she intends to be at the meeting. City staff is seeking Council direction with regard to finalization of the contract. RECOMMENDATION: Council to direct City staff on the finalization of the contract. ATTACHMENT(S): City Administrator Contract (as provided to Ms. Handt). 1 475121v6 SJS LA515-1 EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into as of _____________, 2016, by and between the City of Lake Elmo, State of Minnesota, a municipal corporation, (“Employer”), and Kristina Handt, (“Employee”). WITNESSETH: WHEREAS, Employer desires to employ the services of Employee as City Administrator of the City of Lake Elmo; and WHEREAS, it is the desire of the City Council (the “Council”), to provide certain benefits, establish certain conditions of employment and to set working conditions of the Employee; and WHEREAS, it is the desire of the Council to: (1) secure and retain the services of Employee and to provide inducement for Employee to remain in such employment; (2) to make possible full work productivity to 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 Employee; and (4) to provide a just means for terminating Employee’s services at such time as she may be unable to fully discharge her duties or when Employer may otherwise desire to terminate her employment; and WHEREAS, Employee desires to accept employment as City Administrator of the City: NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, Employer and Employee agree as follows: Section 1. Duties. Employer agrees to employ Employee as City Administrator to perform the functions and duties specified in the City Code, and Minnesota Statutes Chapter 412, as amended, and to perform other legally permissible and proper duties and functions as the Council may from time to time assign to Employee. Section 2. Term. A. The term of this Agreement is from March ___, 2016 to March ____, 2019 (the “Term”). For the convenience of Employer, Employee may hold over Employee’s employment subsequent to the expiration of the Term until this Agreement is modified or superseded by a new employment agreement approved by Employee and the Council. During any holdover period, any such holding over shall also be subject to all other terms of this Agreement. 2 475121v6 SJS LA515-1 B. Employee will serve at the will of the Council. Nothing in this Agreement prevents, limits or otherwise interferes with the right of the Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3, paragraph A of this Agreement. C. Nothing in this Agreement prevents, limits or otherwise interferes with the right of the Employee to resign at any time, subject only to the provisions of Section 3, paragraph B, of this Agreement. D. Employee agrees to remain in the exclusive employ of Employer and neither to accept other employment nor to become employed by any other employer during the term of Employee’s employment. The term “employed” is not to be construed to include occasional teaching, writing, consulting or military reserve service performed on Employee’s time off. Section 3. Termination and Severance Pay. A. To the extent permitted by law, during the term of this Agreement, if the Employee is terminated by the Council and at that time Employee is willing and able to perform Employee’s duties under this Agreement, then Employer agrees to pay Employee a lump sum cash payment equal to one month’s regular salary for each year of service performed (“Cash Payment”), and in addition, Employee shall receive the cash equivalent of Employee’s accumulated PTO pursuant to the City’s Personnel Policy and Employee Handbook (collectively “Severance Pay”). In the event that Employee has performed a partial year of service, a percentage of the Cash Payment for the partial year that has been served by Employee shall be paid in addition to any full years of service that have been performed. If Employee is convicted of a crime involving theft or fraud as defined in Minnesota Statutes Chapter 169, as amended, or terminated for other conduct involving malfeasance or nonfeasance in office, gross misconduct, Employee’s breach of any material obligations under this Agreement or any other agreement with Employer, Employee’s willful or repeated failure or refusal to perform or observe Employee’s duties, responsibilities and obligations to Employer, Employee’s use of alcohol or drugs in a manner which affects the performance of the Employee’s duties, responsibilities and obligations to Employer, or commission by Employee of any willful or intentional act which could reasonably be expected to injure the reputation of Employer or Employee, Employer shall have no obligation to pay Severance Pay. The lump sum cash payment included in Severance Pay shall be paid in accordance with Minnesota Statutes Section 465.722, if applicable. B. Employee will give Employer 45 days’ notice in advance of resignation, unless the parties agree to waive this notice. In the event that Employee resigns, Employer shall have no obligation to pay Severance Pay. 3 475121v6 SJS LA515-1 C. In the event of the death of Employee, this Agreement shall terminate. Employee’s heirs shall be only paid Employee’s earned salary and accrued PTO not paid; any unpaid expense reimbursements; and any benefits payable under any life insurance policy maintained by Employer for the benefit of Employee, subject to the terms and conditions of such policy. Section 4. Availability for Duties. Employer and Employee acknowledge that it is critical for Employee to be available to perform Employee’s duties on behalf of Employer at Employer’s principal place of business and other City job sites as necessary. Section 5. Salary. Employer agrees to pay Employee for Employee’s services rendered pursuant hereto an annual salary of $105,000 payable in installments at the same time as other employees of the Employer are paid, effective as of March ___, 2016. Employer agrees to increase the salary and other benefits of Employee in such amounts and to such extent as the Council may determine that it is desirable to do so on the basis of an annual performance evaluation of Employee. Section 6. Performance Evaluation. A. The Council will strive to review and evaluate the performance of Employee annually. The review and evaluation will be in accordance with specific criteria developed jointly by Employer and Employee. The criteria may be modified as the Council may from time to time determine in consultation with the Employee. B. The Council and Employee will annually define in writing the goals and performance objectives they jointly determine necessary for the proper operation of the City and the attainment of the Council’s policy objectives and will further establish a relative priority among those various goals and objectives. The goals and objectives will generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. C. In carrying out the provisions of this Section, Council and Employee mutually agree to abide by the provisions of applicable state and federal law. 4 475121v6 SJS LA515-1 Section 7. Outside Activities. Employee must not spend more than 10 hours per week in teaching, counseling or other non-Employer, non-military reserve connected business without prior approval of the Council. Section 8. PTO and Military Leave. A. Employee will accrue, and have credited to Employee’s personal account, paid time off (“PTO”) at the same rate and under the same conditions as other general employees of the Employer. B. Employee shall be entitled to military reserve leave time pursuant to federal and state law and City policy. C. Employee’s PTO account shall begin with a balance of 10 days at the time of hire. Section 9. Dental, Health and Life Insurance. Employer agrees to provide a benefits package that includes health, dental and life insurance along with other benefits as outlined in the City’s Personnel Policy and Employee Handbook. Employee may use accumulated PTO for leave for Employee’s self, and for any member of Employee’s household regardless of marital status, for any of the events and circumstances stated in the Family and Medical Leave Act of 1993 (29 C.F.R. Part 825). Such leave shall be administered pursuant to the applicable language of the City’s Personnel Policy and Employee Handbook. Section 10. Dues, Subscriptions and Professional Development. Employer will pay for Employee’s dues and related membership costs to the MCMA and ICMA and one local service club, provided that routine attendance is made. Any out of state travel must be approved in advance by the City Council. Other dues and subscriptions deemed desirable for Employee’s professional participation, growth and development may be paid if preapproved by the Council. 5 475121v6 SJS LA515-1 Section 11. Indemnification. Employer will defend, hold harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action arising out of an alleged act or omission occurring in the performance of Employee’s duties as City Administrator. Employer will compromise and settle any claim or suit and pay the amount of any settlement, judgment or reasonable attorneys’ fees rendered thereon consistent with Minnesota Statutes Section 466.07, as amended. Employer shall pay any costs and reasonable attorneys’ fees incurred by the Employee to defend charges of a criminal nature brought against Employee that arose out of the reasonable and lawful performance of duties for the City as provided in Minnesota Statutes Section 465.76, as amended. Section 12. Bonding. Employer will bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 13. Other Terms and Conditions of Employment. A. The Council, in consultation with Employee, may fix such other terms and conditions of employment as it may determine from time to time relating to the performance of Employee, provided those terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Code or any other law. B. Except as otherwise provided in this Agreement, all provisions of the City Code, and regulations and rules of the Employer relating to PTO, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, apply to Employee as they would to other employees of Employer. Section 14. Notices Notices pursuant to the agreement are given by deposit in the custody of the United States mail, postage prepaid, addressed as follows: (1) EMPLOYER: City of Lake Elmo Attn: City Clerk 3800 Laverne Avenue N. Lake Elmo, MN 55042 (2) EMPLOYEE: Kristina Handt 6 475121v6 SJS LA515-1 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to process in a civil action. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States mail. Section 15. General Provisions. A. This Agreement constitutes the entire agreement between the parties and supersedes all prior written and oral agreements 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. This Agreement may be amended at any time by mutual consent of Employer and Employee. D. This Agreement may be executed in any number of counterparts. E. This Agreement shall be interpreted pursuant to Minnesota law. F. The rights of Employee hereunder are personal and may not be assigned or transferred unless consented thereto in writing by Employer. G. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provisions. H. The failure of either party to complain of any default by the other party or to enforce any of such party’s rights, no matter how long such failure may continue, will not constitute a waiver of the party’s rights under this Agreement. No waiver of any provision of this Agreement shall constitute a waiver of any other provision or a waiver of the same provision at any later time. 7 475121v6 SJS LA515-1 IN WITNESS WHEREOF, the City of Lake Elmo by its City Council has caused this Agreement to be executed and delivered in its behalf by its Mayor and duly attested by its City Clerk, and Employee has executed this Agreement as of the day and year first above written. THE CITY OF LAKE ELMO, MINNESOTA EMPLOYER By ________________________________ Mike Pearson Its: Mayor Attest: _____________________________ Julie Johnson, City Clerk EMPLOYEE ____________________________________ Kristina Handt 1 475121v6 SJS LA515-1 EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into as of _____________, 2016, by and between the City of Lake Elmo, State of Minnesota, a municipal corporation, (“Employer”), and Kristina Handt, (“Employee”). WITNESSETH: WHEREAS, Employer desires to employ the services of Employee as City Administrator of the City of Lake Elmo; and WHEREAS, it is the desire of the City Council (the “Council”), to provide certain benefits, establish certain conditions of employment and to set working conditions of the Employee; and WHEREAS, it is the desire of the Council to: (1) secure and retain the services of Employee and to provide inducement for Employee to remain in such employment; (2) to make possible full work productivity to 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 Employee; and (4) to provide a just means for terminating Employee’s services at such time as she may be unable to fully discharge her duties or when Employer may otherwise desire to terminate her employment; and WHEREAS, Employee desires to accept employment as City Administrator of the City: NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, Employer and Employee agree as follows: Section 1. Duties. Employer agrees to employ Employee as City Administrator to perform the functions and duties specified in the City Code, and Minnesota Statutes Chapter 412, as amended, and to perform other legally permissible and proper duties and functions as the Council may from time to time assign to Employee. Section 2. Term. A. The term of this Agreement is from March ___, 2016 to March ____, 2019 (the “Term”). For the convenience of Employer, Employee may hold over Employee’s employment subsequent to the expiration of the Term until this Agreement is modified or superseded by a new employment agreement approved by Employee and the Council. During any holdover period, any such holding over shall also be subject to all other terms of this Agreement. 2 475121v6 SJS LA515-1 B. Employee will serve at the will of the Council. Nothing in this Agreement prevents, limits or otherwise interferes with the right of the Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3, paragraph A of this Agreement. C. Nothing in this Agreement prevents, limits or otherwise interferes with the right of the Employee to resign at any time, subject only to the provisions of Section 3, paragraph B, of this Agreement. D. Employee agrees to remain in the exclusive employ of Employer and neither to accept other employment nor to become employed by any other employer during the term of Employee’s employment. The term “employed” is not to be construed to include occasional teaching, writing, consulting or military reserve service performed on Employee’s time off. Section 3. Termination and Severance Pay. A. To the extent permitted by law, during the term of this Agreement, if the Employee is terminated by the Council and at that time Employee is willing and able to perform Employee’s duties under this Agreement, then Employer agrees to pay Employee a lump sum cash payment equal to one month’s regular salary for each year of service performed (“Cash Payment”), and in addition, Employee shall receive the cash equivalent of Employee’s accumulated PTO pursuant to the City’s Personnel Policy and Employee Handbook (collectively “Severance Pay”). In the event that Employee has performed a partial year of service, a percentage of the Cash Payment for the partial year that has been served by Employee shall be paid in addition to any full years of service that have been performed. If Employee is convicted of a crime involving theft or fraud as defined in Minnesota Statutes Chapter 169, as amended, or terminated for other conduct involving malfeasance or nonfeasance in office, gross misconduct, Employee’s breach of any material obligations under this Agreement or any other agreement with Employer, Employee’s willful or repeated failure or refusal to perform or observe Employee’s duties, responsibilities and obligations to Employer, Employee’s use of alcohol or drugs in a manner which affects the performance of the Employee’s duties, responsibilities and obligations to Employer, or commission by Employee of any willful or intentional act which could reasonably be expected to injure the reputation of Employer or Employee, Employer shall have no obligation to pay Severance Pay. The lump sum cash payment included in Severance Pay shall be paid in accordance with Minnesota Statutes Section 465.722, if applicable. B. Employee will give Employer 45 days’ notice in advance of resignation, unless the parties agree to waive this notice. In the event that Employee resigns, Employer shall have no obligation to pay Severance Pay. 3 475121v6 SJS LA515-1 C. In the event of the death of Employee, this Agreement shall terminate. Employee’s heirs shall be only paid Employee’s earned salary and accrued PTO not paid; any unpaid expense reimbursements; and any benefits payable under any life insurance policy maintained by Employer for the benefit of Employee, subject to the terms and conditions of such policy. Section 4. Availability for Duties. Employer and Employee acknowledge that it is critical for Employee to be available to perform Employee’s duties on behalf of Employer at Employer’s principal place of business and other City job sites as necessary. Section 5. Salary. Employer agrees to pay Employee for Employee’s services rendered pursuant hereto an annual salary of $105,000 payable in installments at the same time as other employees of the Employer are paid, effective as of March ___, 2016. Employer agrees to increase the salary and other benefits of Employee in such amounts and to such extent as the Council may determine that it is desirable to do so on the basis of an annual performance evaluation of Employee. Section 6. Performance Evaluation. A. The Council will strive to review and evaluate the performance of Employee annually. The review and evaluation will be in accordance with specific criteria developed jointly by Employer and Employee. The criteria may be modified as the Council may from time to time determine in consultation with the Employee. B. The Council and Employee will annually define in writing the goals and performance objectives they jointly determine necessary for the proper operation of the City and the attainment of the Council’s policy objectives and will further establish a relative priority among those various goals and objectives. The goals and objectives will generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. C. In carrying out the provisions of this Section, Council and Employee mutually agree to abide by the provisions of applicable state and federal law. 4 475121v6 SJS LA515-1 Section 7. Outside Activities. Employee must not spend more than 10 hours per week in teaching, counseling or other non-Employer, non-military reserve connected business without prior approval of the Council. Section 8. PTO and Military Leave. A. Employee will accrue, and have credited to Employee’s personal account, paid time off (“PTO”) at the same rate and under the same conditions as other general employees of the Employer. B. Employee shall be entitled to military reserve leave time pursuant to federal and state law and City policy. C. Employee’s PTO account shall begin with a balance of 10 days at the time of hire. Section 9. Dental, Health and Life Insurance. Employer agrees to provide a benefits package that includes health, dental and life insurance along with other benefits as outlined in the City’s Personnel Policy and Employee Handbook. Employee may use accumulated PTO for leave for Employee’s self, and for any member of Employee’s household regardless of marital status, for any of the events and circumstances stated in the Family and Medical Leave Act of 1993 (29 C.F.R. Part 825). Such leave shall be administered pursuant to the applicable language of the City’s Personnel Policy and Employee Handbook. Section 10. Dues, Subscriptions and Professional Development. Employer will pay for Employee’s dues and related membership costs to the MCMA and ICMA and one local service club, provided that routine attendance is made. Any out of state travel must be approved in advance by the City Council. Other dues and subscriptions deemed desirable for Employee’s professional participation, growth and development may be paid if preapproved by the Council. 5 475121v6 SJS LA515-1 Section 11. Indemnification. Employer will defend, hold harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action arising out of an alleged act or omission occurring in the performance of Employee’s duties as City Administrator. Employer will compromise and settle any claim or suit and pay the amount of any settlement, judgment or reasonable attorneys’ fees rendered thereon consistent with Minnesota Statutes Section 466.07, as amended. Employer shall pay any costs and reasonable attorneys’ fees incurred by the Employee to defend charges of a criminal nature brought against Employee that arose out of the reasonable and lawful performance of duties for the City as provided in Minnesota Statutes Section 465.76, as amended. Section 12. Bonding. Employer will bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 13. Other Terms and Conditions of Employment. A. The Council, in consultation with Employee, may fix such other terms and conditions of employment as it may determine from time to time relating to the performance of Employee, provided those terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Code or any other law. B. Except as otherwise provided in this Agreement, all provisions of the City Code, and regulations and rules of the Employer relating to PTO, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, apply to Employee as they would to other employees of Employer. Section 14. Notices Notices pursuant to the agreement are given by deposit in the custody of the United States mail, postage prepaid, addressed as follows: (1) EMPLOYER: City of Lake Elmo Attn: City Clerk 3800 Laverne Avenue N. Lake Elmo, MN 55042 (2) EMPLOYEE: Kristina Handt 1314 Island Drive Forest Lake, MN 55025 6 475121v6 SJS LA515-1 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to process in a civil action. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States mail. Section 15. General Provisions. A. This Agreement constitutes the entire agreement between the parties and supersedes all prior written and oral agreements 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. This Agreement may be amended at any time by mutual consent of Employer and Employee. D. This Agreement may be executed in any number of counterparts. E. This Agreement shall be interpreted pursuant to Minnesota law. F. The rights of Employee hereunder are personal and may not be assigned or transferred unless consented thereto in writing by Employer. G. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provisions. H. The failure of either party to complain of any default by the other party or to enforce any of such party’s rights, no matter how long such failure may continue, will not constitute a waiver of the party’s rights under this Agreement. No waiver of any provision of this Agreement shall constitute a waiver of any other provision or a waiver of the same provision at any later time. 7 475121v6 SJS LA515-1 IN WITNESS WHEREOF, the City of Lake Elmo by its City Council has caused this Agreement to be executed and delivered in its behalf by its Mayor and duly attested by its City Clerk, and Employee has executed this Agreement as of the day and year first above written. THE CITY OF LAKE ELMO, MINNESOTA EMPLOYER By ________________________________ Mike Pearson Its: Mayor Attest: _____________________________ Julie Johnson, City Clerk EMPLOYEE ____________________________________ Kristina Handt