MIN CC 01/22/1991CITY COUNCIL MEETING OF JANUARY 22, 1991 BOOK "D" 282
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 22ND DAY OF JANUARY, 1991 IN THE CITY HALL COUNCIL
CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:45 P.M.
The Council met in a regular session with the following members present:
Jane Monday 0. Eugene Barrett City officers present:
Gary BeLL James L. Carter Gene Pipes, City Manager
]la G. Gaines William B. Green Scott Bounds, City Attorney
William H. Knotts, Jr. Percy Howard, Jr. Ruth DeShaw, City Secretary
Member absent: William L. Hammock
REGULAR SESSION
Mayor Monday called the formal session to order. Counci Lmmmber and Mayor Pro tem Howard presented
invocation.
CONSIDER THE MINUTES OF THE PREVIOUS MEETING
Gaines seconded the motion. All were in favor and the motion passed unanimously.
certifying the results of the Election
Mayor Monday then distributed the tally sheets and resuLts pages from each of the city's nine electi
precincts as well as the absentee voting precinct to the Council for review and validation. After a detail
review by all members of Council of all election precincts, Resolution No. 91 -1 was presented, the caption
which is as follows:
RESOLUTION NO. 91-1
A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF
HUNTSVILLE ON THE 19TH DAY OF JANUARY, 1991, FOR THE PURPOSE OF ELECTING A MAYOR- AT-LARGE, AND
FOUR COUNCILMEMBERS, ONE FROM EACH OF THE CITY'S FOUR WARDS ONE, TWO, THREE AND FOUR; DECLARING
THE RESULTS OF THE ELECTION; FINDING THAT NOTICE OF THE ELECTION WAS DULY AND PROPERLY GIVEN,
THAT THE ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN
ACCORDANCE WITH THE LAWS OF THE STATE.
motion. All were in favor of the motion and it passed unanimously.
CITY OF HUNTSVILLE, TEXAS
OFFICIAL JANUARY 19, 1991 CITY OFFICERS ELECTION OFFICIAL
TOTAL WARD 1 BALLOTS CAST: 726, (40.83% OF TOTAL)
POSITION /CANDIDATE PCT. PCT.102 PCT. PCT. 201 TOTAL ( %)
102 ABSENTEE 201 ABSENTEE
FOR MAYOR
JAMES W. (JIM) STANDEFER
153
40
101
12
306
43 %
BILL HODGES
176
55
134
41
406
57 %
WRITE -INS
1
0
0
0
1
0%
FOR WARD 1
GREGG CANTRELL
87
18
92
12
209
30.69%
RON LANGE
M. A. COMELLA
166
44
43
11
104
27
31
6
344
88
50.51%
12.92%
KEVIN L. JONES
20
11
6
1
38
5.58%
,
WRITE-INS
0
1
1
0
2
.29%
PCT. 102 -- WALKER COUNTY DISTRICT COURTROOM- -WARD 1
PCT. 201 •• HOLIDAY INN HOUSTON /DALLAS ROOMS - -WARD 1
CITY COUNCIL MEETING OF JANUARY 22, 1991 BOOK "D" 283
TOTAL WARD 2 BALLOTS CAST: 273 (15.35% OF TOTAL)
POSITION /CANDIDATE PCT. PCT .101 PCT. PCT. 202 TOTAL ( %)
101 ABSENTEE 202 ABSENTEE
FOR MAYOR
JAMES W. (JIM) STANDEFER 45 12 75 15 147 53 %
BILL HODGES 36 11 75 7 129 47 %
WRITE -INS 0 0 0 0 0 0%
FOR WARD 2
WILLIAM H. KNOTTS, JR. 60 18 108 18 204 93 %
WRITE -INS 8 1 6 1 16 7%
PCT. 101 -- FIRE STATION NUMBER TWO ON SAM HOUSTON AVENUE - -WARD 2
PCT. 202 -- FIRST PRESBYTERIAN CHURCH ON 19TH STREET - -WARD 2
TOTAL YARD 3 BALLOTS CAST: 365 (20.52% OF TOTAL)
POSITION /CANDIDATE PCT. PCT.105 PCT. PCT. 301 TOTAL ( %)
105 ABSENTEE 301 ABSENTEE
FOR MAYOR
' JAMES W. (JIM) STANDEFER 53 2 110 5 170 48 %
BILL HODGES 48 10 112 15 185 52 %
WRITE -INS 1 0 0 0 1 0%
FOR WARD 3
CHARLES ROBINSON 71 5 160 12 248 98 %
WRITE -INS 1 0 3 1 5 2%
POLLING PLACES:
PCT. 105 -- FIRST BAPTIST CHURCH ON 10TH STREET - -WARD 3
PCT. 301 -- MARTIN LUTHER KING NEIGHBORHOOD CENTER - -WARD 3
TOTAL WARD 4 BALLOTS CAST: 409 (23% OF TOTAL)
POSITION /CANDIDATE PCT. PCT 206 PCT. PCT 306 PCT. PCT.401 TOTAL ( %)
206 ABSENTEE 306 ABSENTEE 401 ABSENTEE
FOR MAYOR
JAMES W. (JIM) STANDEFER 69 2 19 0 74 14 178 44 %
BILL HODGES 83 6 14 1 106 17 227 56 %
WRITE -INS 0 0 0 0 0 0 0 0%
FOR WARD 4
GARY M. BELL 126 8 25 1 113 27 300 96 %
WRITE -INS 6 1 0 0 6 0 13 4%
POLLING PLACES:
PCT. 206 -- EDUCATION SERVICE CENTER, REGION VI, FM 1374 - -WARD 4
PCT. 306 -- FAITH MEMORIAL BAPTIST CHURCH ON 16TH STREET - -WARD 4
PCT. 401 -- WALKER COUNTY APPRAISAL OFFICE ON SYCAMORE - -WARD 4
CITY COUNCIL MEETING OF JANUARY 22, 1991 BOOK "Q" 284
JAMES W. (JIM) STANDEFER
BILL HODGES
WRITE -INS
SIRWIRY-- MAYOR'S RACE
ALL Precincts Absentee
699 102
784 163
2 0
TOTAL BALLOTS CAST IN THIS ELECTION: 1778;
TOTAL REGISTERED IN CITY: 8048; % WHO VOTED: 22%.
TOTAL BALLOTS CAST ABSENTEE (ALL WARDS); 269; % OF BALLOTS CAST CITYWIDE: 15 %.
Total M
801 45.77%
947 54.11%
2 .11%
OFFICIAL CITY OF HUNTSVILLE CITY REGULAR ELECTION
OFFICIAL
JANUARY
19,
1991
TOTAL BALLOTS CAST: 1778
(Election
290
40%
1979
1
STATISTICAL
DATA SHEET
50%
1981
________________________________________________________________________________
TOTAL BALLOTS
CAST PER PRECINCT,
INCLUDING ABSENTEE
1983
TOTAL
BALLOTS CAST
IN
PCT.
101 . .
. 100.
%
_________________
OF TOTAL . . .
__ ____ ________
. 6 %
TOTAL
BALLOTS CAST
IN
PCT.
102 . .
. 436.
%
OF TOTAL . . .
. 24 %
TOTAL
BALLOTS CAST
IN
PCT.
105 . .
. 118.
%
OF TOTAL . . .
. 7 %
TOTAL
BALLOTS CAST
IN
PCT.
201 . .
. 295.
%
OF TOTAL . . .
. 16 %
TOTAL
BALLOTS CAST
IN
PCT.
202 . .
. 173.
%
OF TOTAL . . .
. 10 %
TOTAL
BALLOTS CAST
IN
PCT.
206 . .
. 164.
%
OF TOTAL . . .
. 9 %
TOTAL
BALLOTS CAST
IN
PCT.
301 . .
. 247.
%
OF TOTAL . . .
. 14 %
TOTAL
BALLOTS CAST
IN
PCT.
306 . .
. 34.
%
OF TOTAL . . .
. 2 %
TOTAL
BALLOTS CAST
IN
PCT.
401 . .
. 211.
%
OF TOTAL . . .
. 12 %
TOTAL
BALLOTS CAST
ABSENTEE . .
_______________________
. 269.
%
______________________________
OF TOTAL . . .
. 15 %
______________ ____
Brief History of Ward Elections
____________________ ___ ____
YEAR WARD TOTAL VOTES CAST % ALL BALLOTS CAST
1974
1
400
42%
1977
1
(Election
290
40%
1979
1
Pcts. 102
767
50%
1981
1
& 201)
696
42%
1983
1
& 202)
762
39%
1985
1
576
35%
1987
1
481
32%
1989
1
425 (EXCLUDES ABSENTEE)
34%
1991
1
726 (INCLUDING ABSENTEE)
41%
1974
2
77
8%
1977
2
(Election
130
18%
1979
2
(Election
322
21%
1981
2
Pcts. 101
345
21%
1983
2
& 202)
365
19%
1985
2
206
13%
1987
2
230
15%
1989
2
169 (EXCLUDES ABSENTEE)
14%
1991
2
273 (INCLUDES ABSENTEE)
15%
1974
3
307
32%
1977
3
(Election
202
28%
1979
3
Pcts. 301
280
18%
1981
3
& 105)
267
16%
1983
3
329
17%
1985
3
340
21%
1987
3
226
15%
1989
3
191 (EXCLUDES ABSENTEE)
15.5%
CITY COUNCIL MEETING OF JANUARY 22, 1991 BOOK "0" 285
1974
4
NUMBER
163
17%
1977
4
(Election
100
14%
1979
4
Pcts. 206,
138
9%
1981
4
306 8 401)
351
21%
1983
4
501
25%
1985
4
436
514
31%
1987
4
432
28%
1989
4
105
302 (EXCLUDES ABSENTEE)
24.5%
1991
4
409 (INCLUDES ABSENTEE)
23%
Prepared by Ruth DeShaw, City Secretary, January 19, 1991.
OFFICIAL
CITY OF HUNTSVILLE
CITY OFFICERS' ELECTION BALLOT
JANUARY 19, 1991
PRECINCTS AND POLLING PLACES
NUMBER REGISTERED BY WARDS:
WARD 1 . . . . . . 2320
WARD 2 . . . . . . 1469
WARD 3 . . . . . . 2059
WARD 4 . . . . . . 2200
Prepared by Ruth DeShaw, City Secretary
January 19, 1991
Acknowledgement of Guests and Remarks
Mayor Hodges advised he is looking forward very much to working with the Councilmembers collectively
and individually, and hopefully coLLectively they can make a contribution to make the City a better place to
Live. He said his wife, Ann, is out of town so he could not introduce her to them. He asked the others if they
wished to make introductions at this time. Newty elected Councilmember for Ward 1, Ronatd L. Lange, introduced
his best friend and wife, Janice; his son, Victor; and his daughter, Penny. Newly elected Councilmember for
Ward 3, Charles Robinson, advised his wife and son were present earlier, but due to the basketball game in which
PCT.
NUMBER
NUMBER VOTING
WARD PRECINCT LOCATIONS
NO.
REGISTERED
IN 1991
101
629
100
2
Fire Station No. 2, Sam Houston Avenue
2109 Sam Houston Avenue
102
1292
436
1
District Courtroom, Courthouse
1100 University Avenue
105
767
118
3
First Baptist Church, 10th Street
1530 10th Street
201
1028
295
1
HoLiday inn, 1 -45
1407 1 -45
202
840
173
2
First Presbyterian Church
1801 19th Street
206
503
164
4
Education Service Center, Region VI
3332 Montgomery Road (FM 1374)
301
1292
247
3
Martin Luther King Neighborhood
Center, 300 Avenue F
306
293
34
4
Faith Memorial Baptist Church
314 16th Street
401
1404
211
4
Walker County Appraisal District
1819 Sycamore Avenue
TOTAL:
8048
1778
NUMBER REGISTERED BY WARDS:
WARD 1 . . . . . . 2320
WARD 2 . . . . . . 1469
WARD 3 . . . . . . 2059
WARD 4 . . . . . . 2200
Prepared by Ruth DeShaw, City Secretary
January 19, 1991
Acknowledgement of Guests and Remarks
Mayor Hodges advised he is looking forward very much to working with the Councilmembers collectively
and individually, and hopefully coLLectively they can make a contribution to make the City a better place to
Live. He said his wife, Ann, is out of town so he could not introduce her to them. He asked the others if they
wished to make introductions at this time. Newty elected Councilmember for Ward 1, Ronatd L. Lange, introduced
his best friend and wife, Janice; his son, Victor; and his daughter, Penny. Newly elected Councilmember for
Ward 3, Charles Robinson, advised his wife and son were present earlier, but due to the basketball game in which
CITY COUNCIL MEETING OF JANUARY 22, 1991 BOOK "G" 286
1 11 his son is involved, they had to leave. He advised his wife's name is Mary and his son's name is Bryant. 11 W
Attending Citizens: Mr. and Mrs. W. L. Mott
Mayor Hodges noted Mr. and Mrs. Mott were not present to speak this evening. He asked Mr. Gene
City Manager, to place their names on the agenda again for the next meeting and to so advise them.
CONSIDER BIDS
Bid No. 90 -17 extension for second year of annual sack cement bid to Lafarge Corporation at $3.17 per sack
Mr. Pipes, City Manager, advised the city has just completed the first year of a two year option
contract wherein the city reserved the right to extend the contract for one year after further review. He th
presented the recommendation of Mr. Mark Bosma, Purchasing Agent, to continue the contract for a second ye
with the Lafarge Corporation, noting the City is presently paying $3.17 per sack; and,
Bid No. 91 -8 stabilized flexible base to D. Rice Materials at $19.95/S18.45 per cv
Mr. Pipes, City Manager, noted it is the City's intent to purchase an annual contract for stabili
I Lexible base and that the quantity needed per yard varies around 4,000 tons. He presented the recommendat
of the Purchasing Agent, Mark Bosma to award the bid to the lowest bid meeting specifications, D. R
Materials, at a delivered price of $19.95/cy and a city pick -up price of 418.45/cy.
the motion. Discussion: Cou cilmember Knotts asked what the second figures represented on the Pavers Supp
Company bid 1518.46 /ton and 513.83 /ton3. Mr. J. D. Schindler, Director of Community Development, advised th
is the price per ton calculated with a factor of 1.35 that equals the same; it is based on the cubic yard a
not on the tonnage. He said when it is calculated to the cubic yard, it is the exact same price. CounciLmemb
Knotts noted we are buying fluffed up material if we are buying it by truck volume. Mr. Schindler said th
is Gifford Hill materiaL. Councilmember Knotts said the staff should look at cubic yard and ton if we a
buying loose volume fluffed up in a truck. Mayor Hodges asked if it is in the city's best interest to look
it that way. Councilmember Knotts said it is. Mayor Hodges then asked Mr. Schindler to look at it in this wa
All were in favor of the motion on the floor and it passed unanimously.
CITY MANAGER'S REPORT- -GENE PIPES
citizens of Huntsville
Mr. Pipes then recognized Mr. Name Williams for his 23 years in the Sanitation Division, 1967 -1990
He presented him with a plaque so indicating these years of service and a City of Huntsville inscribed jacke
indicating his term of service. The Mayor and Council then congratulated Mr. Williams for all the years o
dedicated service. Mr. Williams then introduced his wife, who was than also recognized.
matter, if necessary
After a brief discussion in the Executive Session, no formal action was necessary when the Counci
reconvened.
continuation purring engine (fire truck)
Mr. Pipes advised the new fire truck was on display Last Tuesday night at the Reflections of the 1980
Reception. He said it will be completely outfitted very shortly. He said this was a C.O. purchase planned
last year's budget. He said the city had given the notice of intent to use certificates of obligation and why
the city awarded the bid, the certificate of obligation was also approved. He said the city took bids fr
potential vendors on this certificate of obligation for an interest rate for financing the truck for five year
He said the proposals were received and GE Capital Public Finance, Inc. of Minnesota was the low bid over
five year certificate of obligation by about $600.00. Therefore, he said, the city is recommending for tl
Council's consideration a lease purchase agreement rather than a certificate of obligation. He said this
something that is new in that the city has not had a lease purchase in lieu of a certificate of obligatioi
because the city's certificates of obligation have been very competitive on a local basis. He said for th
time, for $125,000, the competition was good, but obviously, a $600.00 advantage to the City of Huntsville ov
CITY COUNCIL MEETING OF JANUARY 22, 1991 BOOK "g" 287
1 11 the Lite of the Lease purchase is something to be considered. He than presented a Lease purchase agreement that
was received from the company. He said it has been reviewed by the City Attorney, Scott Bounds; the Director
of Finance, Ms. Patricia Allen, and has been discussed extensively. 11 1
Mr. Bounds said the Texas Public Finance Act in the Chapter on Certificate of Obligation provides two
different mechanisms to accomplish the same thing, and that is short term financing of equipment. He said
because the city did this as a certificate of obligation viler the Texas Certificate of Obligation Act, the city
complied with all of the notices required and also as a lease purchase viler the Texas Municipal Public Finance
Act regarding those matters. He said the way the lease purchase operates is basically that General Electric
will basically pay cash for the truck to the city's vendor and immediately enter into this lease back agreement
with the city for five years with no additional fees and at the end of the five year period, the city owns the
truck free and clear. He said the title to the truck is transferred to the City at the beginning and GE will
take a lien on the truck back viler a UCC financing agreement. He said at the end of the five years then that
Lien is reduced. He said the city has complied with all of the notice requirements under the Certificates of
Obligation Act. He said it is just another nomenclature, but it is basically the same type of plan. He said
the interest rate was very good on $145,000 as indicated. He said over the life of the lease, 5649.00 is
cheaper than the next Low bid, although the bids were very competitive. He said it is a simple interest rate
of 7.5 percent. He then recommended the Council approve purchasing the fire truck under this lease purchase
agreement. He asked the Council to adopt a Resolution, the caption of which is presented below, relating to
the "Lease with Option to Purchase Agreement."
RESOLUTION NO. 91 -2
A RESOLUTION RELATED TO LEASE WITH OPTION TO PURCHASE AGREEMENT [FIRE PUMPER TRUCK]
Mr. Bowls said this is not a Texas Corporation, they are not familiar with Texas Certificates of
Obligation; however, their counsel does understand lease purchase, which is also authorized by our Texas
statutes. He said we have just switched the paperwork to do something that their attorney was familiar with
instead of the type of paperwork that is generally produced. He said the opinion Letters and interest rates
all come out to be the same.
Mayor Hodges said he didn't believe there was any kind of urgency on this tonight and if the Council
feels uncomfortable voting on this different kind of financing, they can certainly look this document over for
a week. Councilmember Barrett asked if the City Attorney thinks it is fair that none of the Texas companies
knew that the City would accept a lease - purchase obligation, because the City went out strictly for a
Certificate of Obligation and came back with this agreement. He was concerned that other people did have a
fair chance. Mr. Bounds said the city was bidding the finance or negotiation of the purchase price of the truck
and it received other lease purchases. Mr. Pipes said the city has received proposals like this in the past,
but they have just not been as low as our C.O. bids. Mr. Bonds said this company has bid on the city's C.O.'s
before. Councilmember Barrett asked if this is a sound company. Mr. Bounds said it is, it is General Electric
and they have bid on the city's documents before and the city has been getting a very good rate on its interest
and they are finally getting down to being competitive.
Councilmember Gai has said sometimes on a lease purchase agreement, when we get to the final payment,
one needs to pay 10 percent in order to own. Mr. Bounds said there are no add -on fees or administrative fees.
Councilmember Gaines was just concerned that many times the payment is structured where one pays so much for
five years and than at the end of that time they have to pay 10 percent of the purchase price to own the
property. Mr. Bounds assured her there are no additional costs. He said if the city ceases payments at any
time, it loses possession of the truck and it can't buy another truck within the year and that is the basic
security they have. He said it is structured to pay out in five years. Mr. Bounds rated nothing is paid up
front and there is no residual on it either.
Councilmember Green asked about a penalty for prepayment, noting there is no penalty under the
Certificate of Obligation method. Mr. Bounds said he would have to research it to see if there is a penalty for
early pay off. He said the city has traditionally not ever exercised that option. Councilmember Green then
made a motion to approve Resolution No. 91.2 relating to the "Lease with Option to Purchase Aareement" and
Councilmember Bell seconded the motion. All were in favor and the motion passed unanimously.
GSU Rate Case- - Attorney Letter
Mr. Pipes then advised of information from the attorney representing the cities in the GSU Rate case
pending at the present time. He said the associated cities have been wrestling with the pending rate case now
CITY COUNCIL MEETING OF JANUARY 22, 1991 BOO( "Q" 288
for a couple of years. He said Mr. Don Butter, a consultant attorney, who has been working with the cities,
!
also have information attached to this letter. He said there will be meetings next week in Cleveland and the
following week at the PUC in Austin. He said he will be attending both of those meetings. He said if the
Council needs any additional information on this, he will be happy to provide it. He said this is the second
series of rate cases involving in the River Bend Nuclear Plant. He felt this is the resolution based on
administrative law judge and we may find this to be the end of this case.
911 Agreement letter
Mr. Pipes then presented a copy of a letter from Lieutenant Larry D. McDugle of the Huntsville Police
Department, dated January 18, 1991 to Susan Bortzfield, Emergency Communications Coordinator, H -GAC, advising
of an amenolment to the present 911 plan because of the approved location of the consolidated public safety
communication service in Walker County to be in the Municipal Justice Center. He said this Letter also advises
that mLy one public safety answering point (PSAP) will be required in Walker County. Mr. Pipes advised the
agreement for the 911 system will be avaiLabte for the Council's consideration in several weeks.
MAYORS REPORT - -BILL HODGES
FYI Information in Packet
Mayor Hodges asked if the F.Y.I. information in the packet is for formal review or just for the
Council's information. Mr. Pipes, City Manager, advised it is there for information, however, if a
councilmember wishes to discuss any particular item, it can be discussed in Council Action.
New Agenda Schedule
Mayor Hodges advised he has asked the City Manager in the future to provide the Council with two
agendas: one agenda the Council would work on that week, and a second agenda for the week following that. He
said it would be a preliminary type thing, not formal, just the things to be discussed a couple of weeks in
advance. He said to make it easy to distinguish, he has asked the City Manager to put it on different colored
paper so that the Council will talk about the right things on the right night. He said this wilt give the
Council at least a little information in advance, so they can do a Little homework and ask some questions
thereby limiting too many surprises on that night in asking the Council to take action on something it has not
seen before.
Departmental Review - -Work Sessions Planned
Mayor Hodges said another thing he has asked Mr. Pipes to do, primarily for those who are new to the
Council, is a work session over the next eight to ten week period, where each department head comes in to
explain a little bit about their department and how it relates to the budget because the budget planning process
will start here in the next several months. He said this wilt start next Tuesday night at 6:00 P.M., but he
will leave it to Mr. Pipes as to in what order those department heads will appear.
January Election Date Questioned
Mayor Hodges said he has listened to Councitmermber Carter address the January election date several
times. He said he happens to agree with him. He also asked the City Manager and City Attorney to review that
matter and report back if anything can be done so that the Council can discuss it again and make a decision.
Councilmember Bell asked if this can be placed on the next agenda. Mr. Pipes said it will require a charter
amendment to give the city the option to move the election date again, barring action of the state legislature.
Mayor Hodges said we may need to review the charter again anyway and suggested a charter review committee
should be appointed to let them look at it.
COUNCIL ACTION
Election Date Question
Councilmember Barrett said there were only two other dates for the City to choose, and one was in May
and one in August. He said these dates are worse than the January date when we think about the idea of a
council person caning onto the council at that time, right in the middle of budget, with no training whatsoever.
He said he realizes January can be a bad weather time, but these are the only three dates. He said he would
much rather have it in April like we did, but in relation to the other two choices, the city has the better date
right now even though it may not be the best.
"Class Act" Mayoral Campaign
Counci lmmmber Knotts commended Mayor Hodges and Mr. Standefer on the nice race they ran with each other.
He said it was a very clean campaign and a very "Class Act" for us to follow. He said it will show people that
in future elections, we can run against people and not get our "backs bitten off." He said the clean race they
CITY COUNCIL MEETING OF JANUARY 22, 1991 BOOK "g" 289
1 11 ran WILL probably encourage some people to run in the future that probably wouldn't have. Mayor Hodges said I� I
when one runs against a class guy Like him [Stanxlefer], it is easy to do. Councilmember Knotts said he felt
they handled it extremely well.
Trees in City's Right -of -way
Councilmember Knotts noted, with all of the trouble and fighting the city has come through in its city
rights -of -way, he noticed across the street on 13th Street [from City Hall] where the city has replaced the
water line and repoured the sidewalk, that it now appears the city has planted trees within the two foot strip
between the curb and the sidewalk. He said he knows the city doesn't have that written in the tree policy,
but it looks funny and shows how arbitrary the city really does these things. He said if we ever get the city's
rights -of -way clear, we ought to keep them clear. He said it is not going to bother this City Council, but 50
years from now, the people of Huntsville are going to go through the same fight this Council has just been
through. He said it seems kind of ludicrous to him. He suggested if the people want the trees, he would rather
see the city buy the trees and plant them on the property owner's property line rather than out on the right -of-
way.
Mr. Pipes said when the construction project began on Highway 75N, the contractor began moving in on
a vacant lot corner there at Bush Drive and Hwy 75 North which was very heavily overgrown with a world of redbud
trees. He said Mr. David Zellar, the City's parks employee who has done most of the landscaping around most
of the city buildings for many years, dug and healed in as many of those as he could get off that site before
the contractor needed to nave on, as a gift to the city. He said Mr. Zellar put those trees out as much as he
had space for in various Locations, given the stages of planting that he had, and basically on his own
initiative thought that particular area would be a good spot. He said it has been discussed by the staff and
it will not happen again as far as the circumstances related to it. CounciLmenber Knotts said he feels it is
commendable to be planting trees, but felt the city could find better Locations. He said there is a National
program that he read about somewhere whereby any individual or city can buy, one acre at a time in a rain
forest to be preserved. He said if we had to clear something, this may be something we could investigate. He
said he does not mind planting trees, but does hate to put them right back on a right -of -Nay where we have had
so much argument over ever getting cleared in the first piece. Mr. Pipes said there will be much better
communication in the future.
Handicap Access Around the Square
Councilmember Gaines advised some time ago the Council talked about handicap access around the Square.
She said she has received an inquiry as to how this is progressing. Mr. Pipes said the streetscape plan has
been in progress for the last six weeks. He said he is sure it is near completion. Ms. Linda Pease, Arts
Commission Coordinator, advised a draft document has been received and after its review, it will be sent back
for finalization. Mr. Pipes said as the city designs the sidewalks on the north side of the Square, the
handicap access will be included. He said obviously the architect, Mr. Kim Williams, will address that also
in the plan. He said he will be taking a comprehensive Look at it and factoring that into the plan and ongoing
construction program. Mr. Pipes said the only side of the Square that the city is presently working on and
is expecting to work on in the immediate future is the north side of the Square. He said the other side will
have to come in due time, of course, as the city proceeds around the Square. Councilmenber Gaines said the
concern was simply that it be addressed.
Councilmember Howard as Council Meeting Invocator
Councilmember Gaines noted the Council will miss Councilmember Percy Howard praying at every Council
Meeting, she said she has made a personal request to him to remember them at their given hour every Tuesday
night so that he will continue to pray for then in the quite of his home.
Welcome to newly elected and re- elected
Counci Lmeber Green welcomed those newly elected and re- elected to the Council. He said: "We still have
three Bills and a BeLL." He asked if it is appropriate at this time to nominate a Mayor pro tem. City Manager
Pipes noted it was not anticipated that we would have no need for a run -off. Because a run -off Was expected
in Ward 1, he did not schedule the election of a Mayor pro tem because he felt that should be delayed until the
council is fully seated. He noted, however, it will be on the agenda at the next format meeting. Councilmember
Green then asked [in jest] if it is also tradition that the Mayor pro tem present the invocations.
Councilmember Barrett said [in jest] that he nominates Councilmember Green to present the invocations.
CITY COUNCIL MEETING OF JANUARY 22, 1991 BOOK "gm 290
Welcome to newly elected and camoaian comments
Councilmenber Bell also welcomed the three new people, noting he is looking forward to working wit
them. He also felt this race was conducted cleanly and openly and he appreciated that.
city -s position concerning development of Cagle Camp site on Lake Conroe
Councilmmtber Carter expressed concern that the City of Huntsvi Its may have taken a position with reg
to the development of the Cagle Camp Site on Lake Conroe, which in fact would interfere with a nesting area
an endangered species. He said he feels the City should rat be taking a position supporting the developm
of a site that would jeopardize the nesting site of an endangered species. He said perhaps we need to clar
whether the city has taken that position or not.
Mr. Pipes said an individual councilmmiber can write a letter on city stationery as an individual, t
the Council has not taken any formal action on any matter in that regard that he can recall. Councilmeat
Carter said he would question that procedure because what we do when we write a letter of that type on ci
stationery is that we imply at least that the City of Huntsville is possibly behind that action. He said
would ask that we clarify to those people involved in that action in the development of that camp site that t
City of Huntsville is not endorsing it and that this was a personal statement by a former member of the Ci
Council. He said he would like to see the City write another letter that says this is not the position of t
City of Huntsville.
Mayor Hodges said this probably needs to be an agenda item, discussed and voted on. Councilnienbe
Carter said you can understand if someone receives a letter on official stationery, they are going to think tha
this means the city has taken some action. Mayor Hodges said he is not familiar with that camp ground and w
probably should Look at the whole thing. Councilmember Knotts said he is not familiar with it either, but h
agrees with Councilmember Carter. CounciLmember Carter said he also does not think it is necessarily
appropriate for a city councilmember to use city stationery and city employees to take personal positions, a.I
least he would hesitate to do that and he would be somewhat offended if other counciLmembers did this.
Mr. Scott Bounds, City Attorney, said the Mayor and Council will be called upon from time to time t
respond to correspondence. He said anyone that receives that correspondence should be sophisticated enough t
recognize whether it comes from the entity or the Mayor or a councilmember and to recognize that there ar
differences. He said he did not think that every bit of correspondence by each of them as individual
counciLmembers, nor every correspondence of the Mayor, has to be approved by the Council as a whole before i
can be sent out to various people with whom they my wish to communicate. He said this is their prerogativ
as individuals and as individual members of this group. Mayor Hodges felt since that is an out of town item
perhaps the council should stay out of it. Councilmenber Carter noted he feels we are already in it becaus
this Letter was written. He said he understands what the City Attorney is saying, but also doubted whether a
of the council has ever used city stationery or employees to take a position on an issue. Mr. Pipes said ther
is a clerk that has been available for the last two budget years to assist the City Council in correspondent
or any other matter and a place to work at City Hall. Mayor Hodges said Councilmeaber Carter has a good point
City Manager Pipes said if that is the Council's position, fine, the city can eliminate a budget position i
no correspondence is going to be by consensus, written by the Mayor or the Council as individuals or in
ceremonial capacity, etc. He said there is quite a bit of this that goes on. Councilmember Carter said we ar
not talking about ceremonial or symbolic statements of the Council, we are talking about positions on issues
For example, he said, if we decided that this is alright, he might start writing the state legislature on th
city stationery indicating what his position is on issues and hope, in fact, that they might think that thi
is supported by other members of the City Council since this is on city stationery.
City Manager Pipes said he is taken aback a little bit about this and he is appreciative o
Councilmember Carter's concern about it, but he is reasonably expectant that the City CounciLmembers of the Cit
of Houston, for instance, write their Legislators about their own ideas rather routinely. He said that woul
not particularly surprise him. He said if the letter is signed "Councilmember Jim Carter," then it would
of the discerning eye of the receiver to determine that this was not an official position of the City o
Huntsville. Councilmember Carter said he does not think he can lose on this issue, because if it is alright,
he is going to start writing letters in that sense. Councilmeaber Green said he feels it is appropriate fo
the council to write letters on city stationery. He said he writes letters on his University letterhe
stationery but did not feel that the receiver would necessarily believe that his position in a letter woul
represent the University; it represents his position. He said he writes about a lot of recommendations amp
other things, but those are strictly his comments. He said he feels this is altogether appropriate if
Councitmember Carter wishes to do this. He said if it will add some clout to his message because he is a mamba
CITY COUNCIL MEETING OF JANUARY 22, 1991 BOOK "g" 291
of the City Council, that is fine, although it may also subtract from the effectiveness. CounciLmember Carter
asked were he can get a supply of City stationery. He said for one thing, he wants to respond to indicate there
is at least one councilmenber that does not agree with that position. He said he does not think most other
councilmembers agree with it, but he couldn-t write that because then he would be putting words in their mouths.
Councilmember Knotts agreed with Councilmember Carter noting if Bill Hodges wrote the Letter and signed it as
Mayor of Huntsville on city stationery, taking a position, it would be taking an official position. He said
if he as a councilmember wrote one and signed his name, it would perhaps not have the same effect.
Councilmember Carter said because this letter was written by the x- Mayor, he feats it perhaps carried more
weight. Mayor Hodges asked what the content of the letter was. Councilmember Carter noted it encouraged
strongly the development of this camp site in the location of the nesting site. He said the Sierra Club argues
there are alternative sites just as good. He said no one argues with the development, it is just the site which
interferes with an endangered species.
Mayor Hodges asked if the tone of the Letter was a personal endorsement or a city endorsement.
Councilmember Carter felt that is open to interpretation and he was sure there must be a copy of the Letter
around and that he did not have a copy of it. He said he is glad the Council had this discussion because this
is a perk he did not know the Council had. Mr. Pipes said as far as access to City stationery, a councilmember
can access the City Secretary's office or any employee of his office for a city letterhead for letters or the
staff will assist than with correspondence relative to their function and responsibilities as Councilmembers.
However, he said if they are writing a grant application for a college department, obviously that would be
inappropriate. He said however, they are Licensed to write on city stationery as granted by their election to
the CounciL. He felt it would severely hamstring a city council, in their official function, the mayor, or
anyone else, to necessarily put limits on that. He said his office serves at the pleasure of the City Council
and whatever they want to do is fine with his office, as long as it is rot illegal or immoral, he is surely not
going to tell him no.
Councilmember Carter said he does not want to drag this out because he has said most of what needs to
be said, but he has never availed himself of that and he doubted whether any of the others have. Mayor Hodges
noted he suspects that is right. Counci Lmember Carter said he is glad to know now that they can and he will
be in touch. He said he is raising this issue seriously because he knows that some of the Council probably will
not agree with him and if he writes some statements about his position on city letterhead, they may be asked
whether they agree with that or not. Councilmember Knotts said he would not object as Long as he does not make
it partisan. Councilmember Barrett said just don't include the rest of the Council in his comments. Mayor
Hodges thought perhaps he as a. counci Lnmmber also has franking privileges also. Councilmember Carter asked
that the city take a position against the development of that camp site at the location of the endangered
species. He argued they have nothing to lose there because it is rat standing in the way of the construction
or the development, but in fact, would be taking a very sound environmental position. He suggested this could
be on the agenda for next week just to have a discussion to determine the pleasure of the Council. Mayor Hodges
asked if the Council is in agreement with this. Councilmebmer Knotts agreed to have it pieced on the agenda.
Councilmanber Green said he does not mind discussing it, but also felt that if any member of the Council has
a position, they have letterhead stationery of the city available to them. Mayor Hodges said he thinks he would
be against the city taking a position on this, but agrees that if an individual Councilmember wishes to write
a letter and happens to use city stationery and it is of a personal nature and it is their opinion, he saw no
problem with that. Councilmember BeLL felt the council should discuss the CageL Camp Ground situation since
it does have an impact upon the City. As far as using city stationery, he said, he knows they ail have access
to it and he did rat see any problem with it. Mayor Hodges then asked the City Manager if he will out
"consideration of the Cagle Camp Ground" on the agenda for the next meeting Mr. Pipes noted he will do so.
Smith Hill Road and Hill Road -
CounciLmember Robinson, Ward 3, advised that at the intersection of Smith Hill Road with Hill Road,
there is a yield sign. He also said Smith Hill Road has an "S" curve in it. He said the visibility is lax in
the area of the "S" curve and the yield sign is not sufficient to prevent accidents. He proposed that a stop
sign be placed at HILL Road so people will have to stop and look both ways. CounciLmember Robinson also asked
that there be some notification in advance that there is an "S" curve ahead on Smith Hitt Road. He said there
have been occasions when a person, not familiar with the neighborhood, has ended up in the bushes because he
missed the turn. He urged the placement of advance warning signs of the approaching "S" curve. Mayor Hodges
asked the City Manager to check into this and report beck next week.
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