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Home My WebLink AboutCity Council Resolution 1989-258CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the 1st day of May , 1989. The following members were present: Mayor Schneideuncilmembers Vasiliou, Ricker Zitur and Sisk The following members were absent: None Councilmember Sisk introduced the following Resolution and moved its adoption: RESOLUTION NO. 89-258 1989 CITY MANAGER PERFORMANCE AND COMPENSATION REVIEW WHEREAS, the City Council and the City Manager have previously entered into a Letter of Understanding providing for annual performance reviews; and WHEREAS, the City Council has completed its annual review of the City Manager's performance and desires to increase his compensation. MOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the City Manager's salary be increased from $79,500 to 582,700 per year commencing May 1, 1989. RESOLVED FURTHER, that the Letter of Understanding between the City Council and the City Manager dated May 1, 1989 is hereby approved; and FURTHER, that the Mayor be authorized to execute the agreement on behalf of the City Council. The motion for adoption of the foregoing Resolution was duly seconded by Councilmember Zitur , and upon vote being taken thereon, the following voted in favor thereof: Mayor Schneider, Councilmembers Vasiliou, Ricker Zitur and Sisk he ollow ng voted against or abstained: None Whereupon the Resolution was declared duly passed and adopted. LETTER OF UNDERSTANDING This letter of understanding made this 2nd day of May, 1989, between the City Council of the City of Plymouth herein called "City", and James G. Willis, herein called "Willis". WITNESSETH: Whereas, Willis has been City Manager for the City since May 1, 1971; and Whereas, the City wishes to continue to employ Willis as its City Manager, and Willis agrees to continue his employment with the City, upon the terms herein provided: It is agreed as follows: I. POSITION. The City agrees to continue to employ Willis as its City Manager. Willis agrees to serve as the City Manager and he will devote his full business time and best efforts to the City of Plymouth. 2. SALARY. The City agrees to pay Willis an annual salary at the rate of 82,700 per year for the year commencing May 1, 1989 through April 30, 1990, and thereafter at such rate as may from time to time be fixed by the City. In addition, Willis will be eligible to receive performance compensation in an amount to be determined annually depending upon his achievement of performance standards established mutually by Willis and City. In no event shall the total compensation of Willis exceed the amount allowed by Minnesota Statutes, Section 43A.17, subdivision 9. Attached and made part of this agreement is a copy of the performance standards and measurements which have been mutually agreed to between the City and Willis. It is understood that these performance standards and measurements shall be reviewed periodically during the year and revised as needed by mutual agreement. 3. ANNUAL PERFORMANCE REVIEW. The City agrees that the effective performance of Willis depends in large part on a close, open working relationship between the City and Willis. To that end, the City and Willis will meet prior to the end of June and December to review and appraise their working relationship, the degree to which the City is satisfied with the performance of Willis, based upon the performance standards agreed to between the City and Willis, and the suggestions each would make to improve their working relationship. The results of these performance reviews shall serve as the basis upon which Willis Is deemed by the City to be eligible for performance compensation. 4. AUTOMOBILE. The City will provide an automobile for Willis' business and personal use. The automobile shall be replaced after approximately 45,000 miles and/or three years. 5. CITY BENEFITS. Willis will be entitled to participate in all benefit plans as the City may from time to time maintain for the benefit of Its key management employees, including, but not necessarily limited to, PERA, FICA, deferred compensation, vacation, disability leave, holidays and insurance programs. The City shall also provide, at no cost or expense to Willis, a $450,000 universal life insurance policy and pay the premiums thereon. 6. DUES AND SLBSCRIPTIONS. The City agrees to budget and pay the professional dues and subscriptions of Willis necessary for his continuing and full participation in national, regional, state and local associations necessary and desirable for his continued professional participation, growth and advancement, and for the good of the City. 7. PROFESSIONAL DEVELOPMENT. The City agrees to budget and pay the travel and subsistence of Willis for professional and official travel, meetings and occasions adequate to continue the professional develop- ment of Willis and to adequately pursue necessary official and other functions for the City including, but not limited to, the ICMA annual conference, Minnesota League of Cities, National League of Cities and such other committees thereof which Willis serves as a member. Willis will use his good judgement in his outside activities so that he will not neglect his primary duties as City Manager. The City also agrees to budget and to pay for travel and subsistence expenses of Willis for short courses, or seminars that are necessary for his professional growth and for the good of the City as approved in the budget and/or by the City. 8. CIVIC CLUB MEMBERSHIP. The City recognizes the desirability of repre- sentation in and before local civic and other organizations, and Willis is authorized to become a member of one such civic club or organization as he deems appropriate at City expense. In addition, the City will pay for a City membership for Willis with the TwinWest Chamber of Commerce. 9. HOURS OF EMPLOYMENT. The City recognizes that the duties of City Manager require Willis to devote a great deal of time outside normal business hours and to that end he may take time off during normal business hours, consistent with his performing his duties as City Manager. 10. TERMINATION - SEVERANCE. The City may terminate Willis' employment as City Manager at anytime. No formal period of notice to Willis shall be required. In the event that the City so terminates Willis' employ- ment as City Manager while he is willing and able to perform the duties of City Manager, the City shall compensate Willis an amount equal to his total annual compensation provided, however, that payment shall be paid over a six month period. Leon termination, Willis shall receive compensation for all accrued vacation and other benefits for which he is eligible. If Willis voluntarily resigns his position as I ayes J Manager, he shall give the City not less than three (3) months fiotice in advance, unless otherwise agreed by the City. In the event the City reduces Willis' salary or other financial benefits in a greater percentage than any reduction for all key management employees, or in the event the City declines, following written notice, to comply with any other provision benefitting Willis herein, or Willis resigns following a formal suggestion by the City that he resign, then, in that event, Willis may, at his option, be deemed to have been terminated by the City as of the date of such reduction or such refusal to comply within the meaning and context of this severance provision. 11. INDEMNIFICATION. The City shall defend, indemnify and hold harmless Willis against any and all claims, demands, suits, actions or proceed- ings of any kind or nature arising out of performance by Willis of his duties and responsibilities as City Manager. 12. TERM. This agreement shall commence effective May 1, 1989 and shall continue year to year thereafter under the same terms and conditions herein, subject to annual review by the City. It is understood that Willis' employment is terminable at will by either party hereto subject only to the provisions of Minnesota Statutes Section 412.641. 13. SEVERABILITY. If any provision or any portion hereof, contained in this agreement is held to be unconstitutional, invalid, or unenforce- able, the remainder of this agreement or portion thereof shall be deemed severable, shall not be affected, and shall remain in full force and effect. ATTEST: 7 Ua6rie Rauenh rst, City C erk Resolution No. ss, Date: I. CITY OF PLYMOUTH: Virgil Schneider, Mayor Dames C. illis, City Manager