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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. / - '23- �/