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HomeMy WebLinkAboutMIN 11.23.1999 CC-W&RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor presiding. Council Present: Council Absent: Charles "Noss" Burson, Charlie Barton, 1AII Council Present Ferd Tonn, Lee Bain, Shorty Valdez, Susan Hoyt, Clark Lyda Staff Present: George Russell, Assistant City Manager; Marianne Banks, City Attorney; Sandra Lee, City Secretary; Ed Barry, Chief of Development Services; Susan Morgan, Director of Finance and Administration; Jim Briggs, Director of Community -Owned Utilities; Larry Hesser, Police Chief; Pablo Holguin, Director of Employee and Organizational Services; Anthony Lincoln, Fire Chief; Randy Morrow, Director of Parks and Recreation; Tom Yantis, Director of Information Resources; Verna Browning, Director of Community Services; Clyde von Rosenberg, Chief of Long -Range Planning; David Munk, Development Engineer; Wendy Walsh, Development Planner; Terry Jones, Purchasing Director; Travis McLain, Airport Manager; Don Rundell, City Engineer; Jim Babcock, Development Technician; Tom Bolt, Building Plan Reviewer; Micki Rundell, Accounting Director; Ken Finn, Animal Services Supervisor Policy Development/Review Workshop Called to order at 5:34 p.m. A Report on the Healthy Cities Conference -- Susan Hoyt, Charlie Barton, Shorty Valdez Hoyt shared information regarding the 40 Developmental Assets that were promoted at the Conference. Barton noted that the Georgetown Project presentation was very impressive. Hoyt and Barton said they were proud of the accomplishments of the Georgetown Project and Georgetown was commended by attendees from other parts of the country. Georgetown Project Director Barbara Pearce compared the efforts of Georgetown with similar activities in other parts of the country. B Report on meetings held with neighbors and owners of the Mrs. Mac's Shining Stars Day Care Center located at 100-106 San Gabriel Boulevard -- Ed Barry Barry gave Council an overview of the neighborhood meetings. He noted that the operation of the Day Care Center is in compliance with the City ordinance. Windle Kelly, 103 San Gabriel Boulevard, spoke to Council about what he considered to be irregularities, such as: a permit was given for a pool to be installed in a parking lot which required that they move the parking lot to the other end of the property and a decision was made to put two businesses in one business Council Meeting Minutes/November 23, 1999 Page 1 of 8 Pages location which eliminated the off-street parking for loading and unloading children. He said he feels the current ordinance does not address safety issues for children at the day care center. He said he is considering appealing to the Board of Adjustment because this establishes a precedent. Ms. Kelly said she thinks a previous zoning decision was disregarded when the pool was allowed. Mr. McCasland, owner, said he is grateful to the City for allowing the process for resolving the issues in question. Rene Hanson said she has been researching the issue for the Kelleys. She noted the difference between the ordinances regulating day cares and schools. She offered to research what other cities are doing regarding day care centers in order to share that with the staff so that the zoning ordinance could be amended. It was generally agreed that her assistance would be appreciated. C Provide guidance to staff on the method of reviewing projects which require Council policy direction -- George Russell Russell noted the increased number of items needed to be discussed with Council including MM, SS, and UU on this agenda which had to be placed on this agenda for action without benefit of a preceding workshop for discussion to receive policy guidance from the Council. He suggested that Council and staff trade off placing workshop items on the agenda in order to be able to make adequate preparations. Mayor suggested a separate meeting each month to handle additional workshop items. Tonn suggested using the Council Meeting Workshops to discuss issues with staff and using the extra meeting nights to meet with advisory boards. Regular Session - To convene Executive Session - Called to order at 6:40 p.m. z VTM D Sec.551.071 consultation with attorney E Sec.551.072 deliberation on real property F Sec.551.074 personnel matters Consider action relative to employment of City Manager and possible action on a severance agreement Municipal Judge Selection Process Regular Session Open Session was resumed at 8:45 p.m. G Action from Executive Session Mayor announced that the Executive Session would be reconvened tomorrow (Wednesday, November 24, 1999) at 5:00 p.m. to handle Item F when the City Manager could be present. H Mayor, Council, City Manager, and staff comments and reports George Russell noted that the City has been awarded the Texas Municipal Excellence Award for Management Innovations at the recent Texas Municipal League Conference. Kerry Russell, representing the Texas Municipal Utility Association, presented Director of Community Owned Utilities Jim Briggs with the Most Improved Utility System in the State Award for Water, Wastewater and Electric. Morgan presented to Council the 12th Annual Award for Achievement for Excellence in Financial Reporting and the 10th Annual Distinguished Budget Award presented by the Government Finance Officers Association for Fiscal Year Beginning October 1, 1998, and commended Accounting Director Micki Rundell and Accountant Laurie Brewer. Joint Meeting with School Board -- Clark Lyda Lyda noted that the School Board would like to have a joint meeting with the Council in January. Date and place to be decided at the December 14 Council Meeting. Citizens wishing to address the Council Council Meeting Minutes/November 23, 1999 Page 2 of 8 Pages Della Green, 1901 Vine Street, told Council that she has heard a rumor that the City Manager might resign. She asked the Council not to allow that to happen to the City. J Consideration of approval of the minutes for the Regular Council Meeting on October 26, 1999, and the Regular Council Meeting on November 9, 1999 -- Sandra D. Lee K Consideration of approval of the purchase of a tractor with loader bucket from the Houston Galveston Area Council in the amount of $27,043.12 -- Terry Jones and Susan Morgan L Consideration of a request for approval to purchase playground equipment for a joint playground at Patricia Cooper Elementary in the amount of $33,054.-- Terry Jones and Randy Morrow M Consideration of an award of a bid to Primestore, Inc. in the amount of $51,752.00 for the renovation of the Community Owned Utilities administration building -- Terry Jones and Jim Briggs N Consideration of an award of the annual bid to Wesco in the estimated amount of $64,690.00 for electric residential meters -- Terry Jones and Jim Briggs O Consideration of an award of bid to Red & White Greenery in the amount of $27,560.00 and to Bill's Greenhill Service Company in the amount $74,620.00 for landscape maintenance for City -owned facilities -- Terry Jones and Susan Morgan P Consideration of an award of the annual bid to Austin Asphalt in the estimated amount of $204,750.00 for hot mix asphalt -- Terry Jones and Jim Briggs Q Consideration of authorizing the extension of the current contract with AvFuel Corporation to provide avgas and jet fuel to the Georgetown Municipal Airport in the estimated annual amount of $ 672,000 -- Terry Jones and Verna Browning R Consideration of authorizing the Mayor to execute a long-term airport ground lease with Don L. Dison for approximately one (1) acre of unimproved airport property -- Travis McLain and Verna Browning S Consideration of approval of Change Order No. 2 to the contract between the City of Georgetown and Cash Construction Company, to adjust quantities and close out on the Williams Drive Wastewater Interceptor Project, in the amount of $10,804.90 --Don Rundell and Jim Briggs T Consideration of an amendment to the contract, between the City of Georgetown and Operations Management International, Inc. (OMI), for 199912000, in the amount of $1,594,100.00 -- Jim Briggs U Consideration of a Public Review Final Plat of 6.423 acres in the Ephraim Evans Survey, to be known as Hewlett Subdivision, Section 2, located on the IH -35 frontage road south of Westinghouse Road. -- David Munk and Ed Barry V Consideration of a Detailed Development Plan of 5.192 acres in the Ephraim Evans Survey, to be known as Hewlett Subdivision, Section 2, Block B, Lot 1 for the location of Don Hewlett Volkswagen, located on the IH35 frontage road, south of Westinghouse Road, with Variances to the Subdivision Regulations -- David Munk and Ed Barry W Consideration of a resolution to authorize a License to Encroach into a portion the Public Utility Easement on the south and west property lines of Hewlett Subdivision, Section 2, Block B, Lot 1, located on the IH -35 frontage road south of Westinghouse Road -- Jim Babcock and Ed Barry X Consideration of a resolution to authorize a License to Encroach into the Public Utility Easement on the south property line of Parkview Estates, Section 1, Block G, Lot 3, located at 104 Rio Vista -- Jim Babcock and Ed Barry Y Consideration of a resolution to authorize a License to Encroach into the Public Utility Easement on the west property line along FM 2338 of Mesquite Flats, Lot 1, 2, and 3, located on FM 2338 north of Lakeway Drive -- Jim Babcock and Ed Barry Council Meeting Minutes/November 23, 1999 Page 3 of 8 Pages Z Consideration of a resolution to authorize a License to Encroach into the Drainage Easement running through the rear of Parkview Estates, Section 1, Block H, Lot 7, located at 303 Parque Vista Drive -- Jim Babcock and Ed Barry AA Consideration of a Record Final Plat of The Planned Unit Development of Sun City Georgetown, Phase 413, Neighborhood 17-A, located on Hays Drive -- Wendy Walsh and Ed Barry BB Consideration of a resolution expressing official intent to reimburse costs of certain infrastructure projects not to exceed $4,330,000 with proceeds from bonds that will be issued at a later time -- Susan L. Morgan Lyda confirmed that Council would be able to vote on each individual contract for the street improvement projects. CC Consideration of canceling the second regular Council Meeting in December -- Mayor Kersch Motion by Tonn, second by Barton to approve the Consent Agenda in its entirety. Approved 7-0. Legislative Regular Agenda Mayor asked to handle the following four items at this time. GG Consideration of a motion to reconsider the application for rezoning of University Park, Section One, Block A, Lots 2 - 15, in compliance with City Council Meeting Procedures -- Marianne Banks Banks explained that the neighbors have met with Stanton and provided Council with a letter from the Neighborhood Association requesting that the item be deferred to the first Council Meeting in January. Motion by Tonn, second by Hoyt to defer Items GG and HH until January. Approved 7-0. HH First reading of an Ordinance to Rezone University Park, Section One, Block A, Lots 2-15 from RS, Residential Single Family to RM -1, Multifamily or any more restrictive district, located on Bergin Court, west of Southwestern Boulevard -- Wendy Walsh and Ed Barry Motion by Tonn, second by Hoyt to defer Items GG and HH until January. Approved 7-0. RR First reading of an ordinance amending the 1998199 Annual Operating Plan Element (budget) to offset variances in various fund budgets for increases in expenditures that are tied to service requests and revenue collection rates and the receipt of donations and grants -- Micki Rundell and Susan L. Morgan Morgan explained the reasons for the budget amendments and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Tonn, second by Valdez to approve on first reading. Approved 7-0. SS First reading of an ordinance establishing a Municipal Court Technology fee to finance the purchase of technological enhancements for the Municipal Court and establishing an effective date of January 1, 2000 -- Cathy Leloux and Susan L. Morgan Morgan read only the caption of the ordinance after having satisfied the requirements of the City Charter and explained the need for the fee. Motion by Bain, second by Valdez to approve on first reading. Approved 7-0. DD Second reading of an ordinance to amend Section 2.24.020 of the Code of Ordinances relating to the placement of items on the City Council Agenda -- Marianne Banks Banks read the caption of the ordinance on second reading. Motion by Hoyt, second by Barton to approve Ordinance No. 99-57-A. Approved 7-0. EE Second reading of an ordinance providing for the annexation into the City of 27.24 acres out of the John Powell and Ephraim Evans Surveys, to be known as Kelley Trust, Phases Two and Three, located at the northeast corner of the IH35 frontage road and Westinghouse Road -- Clyde von Rosenberg and Ed Barry von Rosenberg read the caption of the ordinance on second reading. Motion by Tonn, second by Valdez Council Meeting Minutes/November 23, 1999 Page 4 of 8 Pages FF Second reading of an Ordinance to Rezone 27.24 acres in the John Powell and Ephraim Evans Surveys, to be known as Kelley Trust, Phases Two and Three, from A, Agricultural to C -2A -Restricted, Commercial First Height, or any more restrictive district, located at the northeast corner of the IH -35 frontage road and Westinghouse Road -- David Munk and Ed Barry Munk read the caption of the ordinance on second reading. Motion by Bain, second by Tonn to approve Ordinance No. 99-59. Approved 7-0. GG Consideration of a motion to reconsider the application for rezoning of University Park, Section One, Block A, Lots 2 - 15, in compliance with City Council Meeting Procedures -- Marianne Banks This item was handled at the beginning of the Legislative Agenda. HH First reading of an Ordinance to Rezone University Park, Section One, Block A, Lots 2-15 from RS, Residential Single Family to RM -1, Multifamily or any more restrictive district, located on Bergin Court, west of Southwestern Boulevard -- Wendy Walsh and Ed Barry This item was handled at the beginning of the Legislative Agenda. Consideration of a Variance to the Subdivision Regulations to allow a 5 foot high wrought iron and chain link fence to be located in the front yard setback of Laurel Place, Lot 2, along both Laurel and 13th Streets -- Tom Bolt and Ed Barry Bolt told Council that staff recommends approval of the 5 -foot fence along 13th Street but denial of the 5 -foot fence on Laurel Street. He told Council that Planning and Zoning concurred with staffs recommendation. Applicant Skip Morse distributed information to the Council and told them why he is requesting the variance. Motion by Burson, second by Barton to approve the variance making findings of fact stated by the applicant in his application for a variance as justification along with the requirement that the fence be constructed of wrought -iron. Approved 7-0. JJ Consideration of a fee waiver for building fees for Christian Faith Academy temporary classroom buildings, located at 2806 Mesquite Lane -- Tom Bolt and Ed Barry Motion by Barton, second by Valdez to approve the fee waiver. Approved 7-0. KK Consideration of a fee waiver for building permit fees for G.I.S.D. for construction of a ticket booth at Eagle Field, 100 Stadium Dr --Tom Bolt and Ed Barry Motion by Hoyt, second by Tonn to approve the fee waiver. Approved 7-0. LL Consideration of a fee waiver for building permit and inspection fees for Community Montessori School, located at 500 Pleasant Valley Drive -- Tom Bolt and Ed Barry Motion by Hoyt, second by Lyda to approve the fee waiver. Approved 7-0. MM Consideration of a resolution to amend the fee schedule for animal services to increase the license fee for unaltered pets and to establish a fee for use of the animal shelter by non-residents -- Ken Finn and Verna Browning Browning explained the changes and read the resolution. Finn responded to questions. Motion by Hoyt, second by Bain to approve the fee schedule. Approved 7-0. NN Consideration of a donation of $2,000 from Council Contingency to Blue Santa -- Councilmembers Valdez and Barton Barton noted that this item was placed on the agenda to give the project some publicity as well as some financial support. There was discussion regarding whether policy had been established concerning funding Council Meeting Minutes/November 23, 1999 Page 5 of 8 Pages non -profits. The minutes of previous meetings were reviewed, and it was determined that a motion was made that Council would make a policy on contributions to non -profits and charitable organizations to be effective in the budget year of 2000/2001. Motion by Valdez, second by Barton to approve the donation. Approved 7-0. 00 Consideration of setting a date, time, and location for an Open Meeting on groundwater issues and discussion of participants and possible sponsors -- Mayor Kersch Kersch noted that the County was interested in working with the City on a meeting about groundwater issues. Motion by Bain, second by Lyda to approve the City sponsoring the meeting. Approved 7-0. PP First reading of an ordinance to extend the expiration date of the Georgetown Sign Ordinance, codified in Chapter 12.10 of the Georgetown Code of Ordinances, from the current expiration date of December 31, 1999, to a revised expiration date of December 31, 2000-- Clyde von Rosenberg von Rosenberg read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Tonn, second by Barton to approve on first reading. Approved 7-0. QQ First reading of an ordinance amending Chapter 10.16 of the Code of Ordinances to add a no parking zone on Martin Luther King, Jr. Street --Marianne Landers Banks Banks read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Lyda, second by Tonn to approve the ordinance on first reading. Approved 7-0. Bain brought up the problem of large commercial trucks parking in City parking lots and requested a future workshop discussion on that issue. RR First reading of an ordinance amending the 1998/99 Annual Operating Plan Element (budget) to offset variances in various fund budgets for increases in expenditures that are tied to service requests and revenue collection rates and the receipt of donations and grants -- Micki Rundell and Susan L. Morgan This item was handled at the beginning of the Legislative Regular Agenda. SS First reading of an ordinance establishing a Municipal Court Technology fee to finance the purchase of technological enhancements for the Municipal Court and establishing an effective date of January 1, 2000 -- Cathy Leloux and Susan L. Morgan This item was handled at the beginning of the Legislative Regular Agenda. TT Consideration of possible action on the realignment of Country Club Road/Rivery Boulevard at Williams Drive -- Jim Briggs Briggs recalled for Council the three options that were discussed at the Open House with the residents on November 1, and reviewed the responses received on the questionnaire. He told Council that after visiting with HDR Engineering, he has learned that the traffic on Williams Drive at the frontage road and across the overpass creates a "gridlock" which calls for the construction of an additional structure to create a "U" to allow traffic to return to the southbound lanes of IH35 without crossing the bridge. The extension of Rivery Boulevard would delay the need to add additional lanes on Williams Drive from Country Club to IH35. He also noted that the State Department of Highways is considering an overpass for Rivery Boulevard. Ms. Patricia Spencer Labenski, 1504 Williams Drive, asked Council to consider providing additional options. Kersch noted that Assistant City Manager George Russell would speak with Ms. Labenski and try to address some of her concerns. James L. Brown, 117 Randolph Road, noted to Council that the City had a contract to improve the intersection of Country Club and Williams Drive, but they canceled the contract. He asked Council to work on the intersection because it is a safety hazard. Briggs acknowledged the need for improvement to the intersection due to safety issues. He asked Council for direction regarding the alignment options, saying that there is right of way that needs to be acquired. Council Meeting Minutes/November 23, 1999 Page 6 of 8 Pages Lyda suggested the cost of extending Rivery Boulevard could be better spent in expanding on*Williams Drive to the west. He said he would like to see further options explored. (*as corrected by Lyda at the December 14, 1999 Council Meeting) Bain asked for a proposed time to discuss the Rivery Bridge project. Briggs noted that the alignment decision needed to be made first, saying the bridge construction might be three to four years out. Bain confirmed that the money coming from the Sun City transportation fees would go toward the construction cost for the bridge. Lyda suggested that an improvement further west might have better impact for Sun City residents. Lyda questioned if Council's decision could wait until the traffic study is complete. Briggs stated that the study would probably be complete in 60 days. Jim Brown said he feels that the safety issues of the two intersections were not addressed by the proposed options. Motion by Lyda to defer the decision on this item until the HDR study is complete. This motion died for lack of second. Bain said he feels Option A is the best option except for having to take out the house. Tonn suggested deferring the decision until the December 14 Council Meeting, but no longer. Donna Oradislay, 1017 Country Club Drive, said she is a new resident and asked Council to delay their decision. Tonn confirmed with Briggs that the longer the option decision is delayed, the longer the delay on the engineering of the bridge. Kathy Heidemann, 407 Golden Oaks, asked Council to honor the requests from citizens to delay the decision and provide further options. Motion by Valdez, second by Barton to choose Option A. When asked by Kersch the amount of time that would be required to further investigate additional options, Briggs replied that an additional four weeks would be needed. Tonn asked Briggs how long it would take for him to answer the questions that the residents still have. Briggs said he is not yet aware of what the questions are. Hoyt asked, and Valdez and Barton agreed, to amend the previous motion to read that Briggs will take input to HDR on alternative options suggested by Council to be included in the study and brought back to the Council. Approved 6-1. (Tonn opposed) UU Resolution to adopt an Annexation Plan per Section 17(b) of Senate Bill 89, adopted by the Texas Legislature in 1999-- Clyde von Rosenberg and Ed Barry von Rosenberg explained to Council that this item is being brought forth due to the result of the Legislature changing the annexation laws, saying that cities are required to adopt a plan by December 31. He noted that no land has been identified to be annexed at this point. He read the resolution. Motion by Bain, second by Hoyt to approve. Approved 7-0. V V Discussion and possible action on the method for reporting the official minutes of the Georgetown City Council Meetings -- Sandra Lee and Marianne Banks Lyda suggested researching the cost to digitally record the minutes and bring back a proposal in January. WW Consideration of an amendment to the Council Meeting Procedures concerning dates, time and length of meetings -- Mayor Kersch Kersch asked for suggestions. Tonn suggested using the Council Meeting workshops for discussions with Council Meeting Minutes/November 23, 1999 Page 7 of 8 Pages staff, and any extra meetings per month for meeting with City Boards or Commissions. Kersch suggested using the third Tuesday of the month for additional workshop discussions. It was generally determined that the first meeting of the month would be reserved for items brought by staff. Council would direct the workshop for the fourth Tuesday of the month and the third Tuesday of the month would be used to meet with Boards and Commissions. Comments: Lyda said the Electric Deregulation Sub -Committee would try to engage Lambeth Townsend to speak at the open meeting on Electric Deregulation. Lyda, Hoyt, and Barton will determine a date for the Deregulation Workshop. Council requested a calendar program for their activities. Hoyt noted that she would need to withdraw from the Committee to interview prospective applicants for the Boards and Commissions. Motion by Bain adjourn at 11:45 p.m. and to reconvene on Wednesday, November 24, at 5:00 p.m. The Council Meeting was reconvened on Wednesday, November 24, 1999, at 5:00 p.m. Executive Session F Sec.551.074 personnel matters Consider action relative to employment of City Manager and possible action on a severance agreement ®pen Session ® Reconvened at 6:02 p.m. G Action from Executive Session Motion by Bain, second by Tonn to adopt the proposed employment agreement submitted by the City Manager. Lyda read a statement for the record regarding his opinion of the issues involving the employment of the City Manager. (A copy of the statement is provided as an attachment to these minutes.) Hoyt stated that the employment agreement should be approved as presented. She said she felt that the City Manager's employment was not the issue, but that the Council needs to develop a clearer vision for direction to the staff. Kersch expressed her disapproval of the proposed employment agreement and suggested that a more appropriate time to deal with this type of issue would be during the evaluations of Council -appointed employees in January. Motion approved 5-2 (Burson and Lyda opposed) Motion by Valdez to adjourn at 6:13 p.m. A/p roved l l ltL6 ' M dyor MaryEllen Kersch Council Meeting Minutes/November 23, 1999 Page 8 of 8 Pages Attest:,,.,,,,/ ' s City Secretary Sandra Lee Councilmember Lyda's statement on 11 -24-99 regarding employment of the City Manager: Several weeks ago, a former councilmember who is also a friend of Bob Hart, approached me on behalf of our City Manager. He asked me if I would oppose Mr. Hart's voluntary resignation if it were conditioned on Council approval of a financial severance package designed to ensure Mr. Hart's full vesting in the Texas Municipal League retirement plan and adequate time to transition to a new job. My first reaction was that if Mr. Hart wants to resign that is certainly his prerogative, but I was unsure why he should receive a financial settlement for leaving his job (voluntarily or not) since he has no employment contract with the City and serves at the will of the Council (as provided by our City Charter). I told my visitor that my first priority had always been for the City Manager to conform his actions to the role established by the Charter and the Council. The fonner councilmember told me that he didn't believe that it was possible for Mr. Hart to change his management style; that it may have been appropriate for the time he was hired, but is no longer appropriate for the current Georgetown, and that Mr. Hart probably needs to be in a more entrepreneurial private sector position. I told the former councilmember that I had always assumed that Mr. Hart would never voluntarily leave the City Manager position. I assumed that he would continue to serve, and that, as the Council develops and changes over the next year, he would either conform to the Council's expectations or he would be replaced by the Council without a severance package. I told the former councilmember that if Mr. Hart believes he can't work with all the members of the Council, the way the Charter and the Council define the roles and the relationship, then he should resign. I reiterated that this situation is not about personalities and politics, but rather a fundamental difference as to the proper roles of the Council and the City Manager, the proper working relationship between the Council and the City Manager, and the proper parameters of the Council's policy and oversight roles. Finally, I told my visitor that any severance proposal would have to come from Mr. Hart; at Mr. Hart's initiative; at Mr. Hart's request; and Mr. Hart would have to sell it to a majority of the Council. Subject to these conditions, I told the former councilman that I would not oppose a reasonable severance package and neither would I advocate his resignation or compensation. What we are presented with tonight is an employment agreement that essentially provides that if the City Manager voluntarily resigns, the City will not compensate him, but if the Council ever requests his resignation, we will compensate him with six months of pay. This is a completely different arrangement from what had been presented to me and what I had understood the City Manager had endorsed a week ago. In a different environment, this might be a reasonable thing to discuss, but in the environment that it's presented in and under the circumstances it's presented, it's not an acceptable request at all to me. Do we, the duly elected officials and governing body of this City, want a City Manager to continue in that position when he has openly and publicly announced his decision to resign, subject only to an acceptable severance package? Has he changed his mind? Does he believe the Council's and Charter's requirements of him have changed? Has his vision for Georgetown changed? Does he expect to have less Council oversight? Does he expect to have any policy role in governing the City? And, is this an ultimatum to us, the Council, to conform to his goals, his initiatives, and his definition of the City Manager's role or else he will, the next time, really resign? For Mr. Hart to determine, after weeks of personal consideration and consultation with his friends and legal counsel, that he no longer wants or can perform his job and that his and the City's best interests are served by his resignation, to announce the same to his staff and the public, and then to change his mind the following week is very confusing indeed. In any case, and regardless of our personal feelings or political interests, if Mr. Hart truly feels he can't or doesn't want to do the City Manager job as the Charter and the Council define it, and if he truly feels he doesn't want the Council to perform the policy and oversight roles that are solely our right and responsibility, then he should leave, and we should not want or ask him to stay. I believe the situation tonight is not about personalities, politics, or personal agendas. It is about what direction Georgetown is taking and will take in the next several years. It is about the proper roles of the City Manager and Council, the proper working relationship between the Council and City Manager, and the proper parameters of the Council's policy and oversight roles. Changing times and changing council membership will make this direction ever clearer. In the meantime, I will continue to do my job as I have for the last six months, but with renewed energy, determination, and enthusiasm. I will continue to vigorously scrutinize the many critical issues facing Georgetown. I believe that such scrutiny of issues, asking questions, and debating public policy is best for Georgetown, and that a great majority of our citizens fully support such oversight. And I expect that Mr. Hart, if he has changed his mind and decided not to resign, will be fully receptive of this scrutiny, not just from the Council, but from the public, and that he will not attempt to control, impede, hinder, or manipulate open government or the Council's policy and oversight responsibilities. And I would request that the Council not, under these circumstances, enact a severance compensation package, but that we sit back and think about this situation, and give it a little time to cool down before we take action. Employment Agreement This contract is between the City of Georgetown ("City") and Bob Hart ("Hart") Recitals The City hired Bob Hart as City Manager in December, 1988. Upon a review of all matters pertinent to its choice of a City Manager, City and Hart have determined that it is in their mutual best interests to enter into an agreement in the event of future separation. Agreement In consideration of the factor stated in the recitals and other good and valuable consideration, the parties agree as follows: 1.0 Voluntary Resignation In the event Hart voluntarily elects to resign as City manager, he will provide a written notice with a minimum of four weeks notice to facilitate a smooth transition. In the event of such a resignation, Hart will receive a final paycheck as provided in the City's Personnel Policies and all of his unused vacation and sick leave time. 2.0 City Initiated Resignation Hart is an at -will employee and serves at the pleasure of City. Hart may be asked to resign at any time, with or without cause, by City. In the event of such a request by City or by mutual agreement, Hart will promptly resign. Upon such resignation, Hart will assist City to ensure a smooth transition. 2.1 In consideration of a resignation initiated by City, Hart shall receive a severance package consisting of six (6) months' pay; payment for all unused vacation and sick leave time; and City shall pay for Hart's health insurance for six (6) months. 2.2 Hart may request a portion or all of the severance package be paid over time to ensure Hart's ability to become fully vested in the Texas Municipal Retirement System (TMRS). The parties expressly agree, if necessary, to restructure Hart's position and duties in such a way as will allow this goal to be accomplished. 3.0 Changes Unless specifically provided otherwise in this agreement, any change to the terms of this contract or any attachments shall be made in writing and signed by both parties. 4.0 Assignment The parties agree this contract shall not assign any of the rights or obligations under this agreement without the prior written consent of the other party. 5.0 Dispute Resolution To resolve any dispute arising under this agreement, the parties shall mediate the dispute before pursuing any other remedies. The parties shall use the Dispute Resolution Center of Employment Agreement Page 1 of 2 Pages Austin, Texas, or any other mediation service, provided the parties mutually agree. Each party shall pay one half of the cost of mediation services. Unless both parties are satisfied with the result of the mediation, the mediation will not constitute a final and binding resolution of the dispute. 5.1 Sovereign immunity is waived for breaches of this contract. 6.0 Non -waiver of default The waiver of a breach of any term or condition of this agreement is not a waiver of a subsequent breach of that term or condition, or breach or subsequent breach of any other terms or conditions. 7.0 Entire Agreement This agreement contains the entire agreement between the parties relating to the rights granted and obligations assumed. 8.0 Consideration of Agreement 8.1 This agreement is governed by the laws of the United States of America and Texas, and all obligations under this agreement are performable in Williamson County, Texas. Value for any dispute arising out of this agreement will lie with the appropriate court of Williamson County, Texas. 8.2 If any portion of this agreement is ruled invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, the remainder of it shall remain valid and binding. 8.3 Headings and titles at the beginning of the various provisions of this agreement have been included only to make it easier to locate the subject matter covered by that part, section, or subsection, and shall not be used in construing this agreement. 8.4 The parties agree that both parties had equal input into the wording and drafting of this agreement, and that it is not to be considered against either of them as the drafter. 9.0 Warranties The City represents and warrants that it is fully competent in all respects to execute this agreement, and that all approvals and authorizations have been lawfully obtained. Dcce-"er Agreed and signed this 7 day of , 1999. Ci of Ge000rrgetown ftp. �GGIr� 5�� MaryEllen Kersch Attes . Sandra D. Lee City Secretary Employment Agreement Page 2 of 2 Pages oved as to form: Marianne Landers Banks City Attorney