03-27-2007-Regular
MINUTES
REGULAR SESSION
March 27, 2007
The Schertz City Council convened in Regular Session on Tuesday, March 27, 2007 at
7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building
#4, Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding,
Mayor Pro Tern Jim Fowler, Councilmembers David L. Scagliola, Reginna Agee, Tony
Wilenchik and Michael Carpenter. Also present were City Manager Don Taylor,
Assistant City Managers John Bierschwale and David Harris, City Secretary Judy Tokar
and City Attorney Michael Spain.
#1 CALL TO ORDER.
Mayor Baldwin called the meeting to order at 7:00 p.m.
#2 PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND STATE
OF TEXAS.
Both pledges were recited.
#3 HEARING OF RESIDENTS.
Frances Rushim!. Chamber President, announced the Chamber luncheon on March 30th,
"Meet the Candidates" forum on April 4th, and the monthly mixer on April lih. They
are developing a Chamber coin and one side of the coin is similar to the City logo. She
handed out an artist rendering for Council's review.
Ramon Cook. 913 Dimrock, informed the C~)Uncil that someone mowed all the
bluebonnets and wildflowers along Schertz Parkway. He also asked why was bottled
water being served on the dais when the City had good quality water from the tap?
,
Trenton Hulsev. 11425 Ware Seguin Road, asked why the Judge was on the agenda again
and felt he had the right to review the audit report on the Municipal Court?
ACTION ITEMS:
#4 Discussion and action to accept the Certification of Unopposed Candidates
for the May 12, 2007 election. '
Mayor Baldwin read the Certification ofUnoppos~d Candidates.
Councilmember Agee made a motion, seconded by Mayor Pro Tern Fowler, to accept the
Certification of Unopposed Candidates for the May 12, 2007 election. The motion
carried 4 to 1 and the vote was: '
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AYES: Councilmembers Fowler, Scagliola, Agee, and Wilenchik
NAY: None.
Present Not Voted: Councilmember Carpenter.
#5 ORDINANCE: Discussion and action on the first reading of an
ordinance by the City Council of the City of Schertz, Texas declaring
the unopposed candidates for Place 3, Place 4 and Place 5 on Council
as elected; providing that the May 12, 2007 General Municipal
Election for City Councilmember Place 3, 4 and 5 shall not be held;
repealing all ordinances or part of ordinances in conflict therewith;
providing a savings clause; providing a severability clause; finding
and determining that the meeting at which the ordinance was
passed was open to the public as required by law; and providing an
effective date.
Councilmember Agee made a motion, seconded by Mayor Pro Tern Fowler, to approve
the first reading of an ordinance by the City Council of the City of Schertz, Texas
declaring the unopposed candidates for Place 3, Place 4 and Place 5 on Council as
elected; providing that the May 12, 2007 General Municipal Eiection for City
Councilmembers Place 3, 4 and 5 shall not be held; repealing all ordinances or part of
ordinances in conflict therewith; providing a savings clause; providing a severability
clause; finding and determining that the meeting at which the ordinance was passed
was open to the public as required by law; and providing an effective date. The
motion carried 4 to 1 and the vote was:
AYES: Councilmembers Fowler, Scagliola, Agee, and Wilenchik
NAY: None.
Present Not Voted: Councilmember Carpenter
#6 Action to approve minutes of Febroary 27, 2007 Workshop Session.
Mayor Pro Tern Fowler made a motion, seconded by Councilmember Wilenchik to
approve the minutes of February 27, 2007 Workshop Session. The motion carried 5 to 0
and the vote was:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NAY: None.
Mayor Baldwin moved agenda item #7 to after the executive session.
DISCUSSION ITEMS:
#8 ORDINANCE: Discussion on final reading of an ordinance amending the
Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 22.669+
acres out of the T. Herrera Survey No. 68, Abstract No. 153 in Guadalupe
County, Schertz, Texas from Single-Family Residential-5 (R-5) to Single-
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Family Residential-7 (R-7); providing an effective date; and providing a
repealing clause.
Misty Nichols, Planner I, said there was no change and action to be taken at the next
meeting.
!
#9 Discussion on park land dedication and parkland fees.
Councilmember Scagliola said the ordinance is c,\cceptable when followed but it needs
clarification and some changes. Councilmembd Scagliola said the staff and Planning
and Zoning Commission should not allow the ~eveloper to pay in lieu of funds for
dedicated parkland. He believes the citizens wolf1d prefer to have the parks which are
quality oflife issue.
Councilmember Carpenter reminded Council tliat the Parks & Recreation Advisory
Board is working on the Park Master Plan and req~ested it be moved forward quickly.
I
Councilmember Wilenchik said if all the subdivis~ons had parks that would be about 35,
it would take a substantial budget to maintain then]l.
#10 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code,
Sub-section 551.072 regarding purchase, e "change, or lease of Real Property; and
Sub-section 551.074 regarding PersOImel Matters. Deliberation on the
appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of the Municipal Court Judge. I
Mayor Baldwin announced that Judge Padgett haJ requested her evaluation be conducted
in an open meeting instead in an executive session.
Mayor Baldwin read a statement explaining the pncedure that would be followed in open
session and a brief background on the emPloYJmt of Judge Padgett. He cited several
major concerns in the Municipal Court and 'th the Municipal Judge such as the
continued expanded budget and staff and const t tension between the Judge and the
staff. Mayor Baldwin said an outside audit conducted by Charles Zech with the law firm
of Denton, Navarro, Rocha & Bernal was diviied in three sections that provided a
overview ofthe Court's structure, its procedures atld its operation in general. Some of the
fmdings by Mr. Zech are the same serious concems Council has had in past evaluations.
The review of the Judge is based on much more than what is in the audit and added that
the Judge has failed to meet her responsibilities.
Mayor Baldwin said several people have requestei the audit but at this time the report is
considered privileged and confidential attorney/client communication. The City Attorney
is requesting from the Texas Attorney General ~ln opinion on whether any part of the
report can be released to public. I
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In his opinion, Mayor Baldwin felt that some of the programs such as changing to a Court
of Record implemented by the Judge have been unsuccessful. The Council was led to
believe there would be sufficient revenue from contested trials and that has not occurred.
An administrative assistant was hired to process capias pro rmes and catch up on the
backlog in the Court, but in the job description written by the Judge, the duties were more
administrative. Even though there has been praise from people outside the staff, major
complaints have been filed concerning the Judge's ability to get along with fellow
employees.
Judge Padgett responded that she felt that they were making progress on the backlog of
capiases and warrants but it is a continual slow process. Judge Padgett said she does not
have control over the Court Support and it is difficult to manage a department she is not
directly responsible for.
There was extensive discussion of all of these matters by members of Council.
Mayor Pro Tern Fowler made a motion, seconded by Councilmember Scagliola, to extend
the probation period for Judge Padgett for four months, to end August 2007, to allow
time for correction of the deficiencies stated in the audit, complete a final evaluation and
determine if the Court needs a full or part time Judge. The motion failed 3 to 2 and the
vote was:
AYES: Councilmembers Fowler, Scagliola
NA YES: Councilmembers Agee, Wilenchik and Carpenter
Councilmember Carpenter made a motion, seconded by Councilmember Fowler, to leave
the original 6 months extension in place, ending June 2007 and, at that time, conduct a re-
evaluation. If all issues are not resolved, Councilmember Carpenter indicated at that time
he would make a motion for dismissal. The motion carried 4 to 1 and the vote was:
AYES: Councilmembers Fowler, Scagliola, Agee, Carpenter
NA YES: Councilmember Wilenchik
Mayor Baldwin requested a discussion item regarding the future of the Court of Record
and asked for a report on the backlog of capiases pro fines and outstanding warrants.
Mayor Baldwin called the executive session to order at 9:30 p.m.
The meeting reconvened at 10:00 p.m.
#11 Action, if any, on the subject of the above Executive Session.
Councilmember Wilenchik made a motion, seconded by Councilmember Agee, to
authorize the purchase of the Alex Leon property tracts 1, 2, and 3 on Elbel Road for
$300,000.00 plus closing costs. The motion carried 5 to 0 and the vote was as follows:
~
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AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, Carpenter.
NAY: None
#7 RESOLUTION: Discussion and action[)D a resolution by the City Council of
the City of Schertz authorizing a real estate purchase and sale agreement
with Pulte Homes of Texas, L.P. and of her matters in connection therewith.
(J. Bierschwale)
No action was necessary on agenda item #7.
#12 Items by City Manager Taylor and Staff
General Announcements
· David Harris, Asst. City Manager, reminded Council about next Tuesday's joint
meeting with the City of Cibolo after the regular meeting. John Bierschwale,
Asst. City Manager reported the Ciboll) Creek Water Alliance rescinded the
offer to the City of Schertz regarding the waterline.
#13 Items by Council
General Announcements
Mayor Pro- Tem Fowler
· Received a call from a resident about a fiml smell in the water in the Northcliffe
area.
Councilmember Scagliola
· Understood the developer was willing to share in the cost of a generic wooden
fence along Country Club BJvd. and ask ~d the staff to estimate cost differential
for a capped fence.
Councilmember Agee
· Had no comments.
Councilmember Wilenchik
· Reported Doggie Dash event had collecte.i $2,300.00 in sponsorship funds.
· Attended TML Region 7 dinner and meeting in City of Leon Valley and was
appointed as the 1 stVice President.
· The City of Schertz is hosting the TML Region 7 meeting in Spring 2008.
· Reported on the Guadalupe County Comnissioners Court.
Councilmember Carpenter
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· No comment.
#14 Items by Mayor
· Inquired about the Marilyn Drive drainage problem.
· Commended Brad Bailey and staff on the outstanding Steve Simonson Award
banquet.
#15 ADJOURNMENT
Mayor Baldwin adjourned the meeting at 10:20 p.m.
ATTEST:
(1~~J
1JdY TokUr, City Secretary
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