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08-10196rRESOLUTION NO. 10196 RESOLUTION SUSPENDING IMPLEMENTATION OF RESOLUTION NO. 10171 WITH RESPECT ONLY TO THE AMENDMENT OF SECTION 5 OF THE CITY MANAGER'S EMPLOYMENT AGREEMENT WHEREAS, the City Council of the City of Richfield adopted Resolution No. 10171 on December 9, 2008, amending sections 5 and 11 of the City Manager's employment agreement, to be effective as of January 1, 2009; and WHEREAS, the Section 5 of the City Manager's employment agreement establishes the annual salary of the City Manager; and WHEREAS, the State of Minnesota has projected a deficit of $426 million for the remainder of the 2008-2009 biennium; and WHEREAS, Governor Tim Pawlenty has announced that state aids to cities are being considered for unallotment as a measure to balance the state's budget, which could include the loss of all or a significant portion of state aid payment that the City had expected to receive in December 2008; and WHEREAS, the City had expected to receive a state aid payment of $1,087,000 in December; and WHEREAS, the current financial situation of the state and the City require that the City staff and Council study and analyze available options before implementing pay plan increases. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby suspends the implementation of Resolution No. 10171, with respect only to section 5 of the City Manager's employment agreement, pending further review and analysis of the City's financial situation, and while the resolution remains in suspense, the City Manager shall continue to be paid his salary at the rate approved by the City Council on March 25, 2008. BE IT FURTHER RESOLVED, that the City Council reserves the right to modify Resolution No. 10171 by either removing any amendment to section 5 of the City Manager's employment agreement or by revising said section 5. BE IT FURTHER RESOLVED, that the provisions of Resolution No. 10171 relating to section 11 (health insurance contribution) of the City Manager's employment agreement shall be implemented as of January 1, 2009. BE IT FURTHER RESOLVED, that the City Council announces its present intent that, at such time as the appropriate compensation levels are determined for City employees for 2009, any change to the salary of the City Manager shall be put into effect, retroactively, if necessary, as of February 24, 2009; provided, that the City Council also reserves the right to implement changes prospectively only, if the Council deems prospective implementation to be in the best interests of the City. Passed by the City Council of the City of Richfield, Minnesota this 30th day of December 2008. Debbie Goettel Mayor ATTEST: Nancy Gib City Clerk