Huntsville City Council Regular Meeting – October 13, 2022

The Huntsville City Council held its regular meeting on October 13, 2022, at 5:30 PM in the City Council Chambers. All five council members were present. The meeting lasted approximately three hours and covered routine approvals, a presentation on medical cannabis, a resolution regarding women’s healthcare and pregnancy outcomes, a major utility partnership, and several land‑use items. Public comments were heard on the healthcare resolution and a neighborhood concern.

Consent Calendar

• Approved agenda as submitted unanimously.
• Approved minutes of September 22, 2022, meeting.
• Approved proclamation declaring October as Planning Month.
• Approved resolution honoring Wayne Bonner for 30 years of service to the Von Braun Center (Resolution 22‑800).
• Approved routine public hearings for grass/weed assessments (40 properties, total $12,942.92) and boarding/securing (2 properties, total $166.05 – minutes later cite average $283.03 per property, appearing contradictory).
• Set public hearings for November 17, 2022, on zone changes for Henderson Lane (9.57 acres to C‑4 and R‑2), Wade Road (0.61 acres to C‑4), and sign regulations amendment.
• Declared property at 235 Victory Lane a public nuisance, with objections to be heard October 27, 2022.
• Approved expenditures ($16,318,220.06) via Finance Committee report.
• Reappointed Josh Steele to Board of Examinations and Appeals for Construction Industries.
• Nominated Kelsey Smith, Thomas Holliday, and Richard Godwin to various boards (to be voted on October 27, 2022).
• Approved numerous routine resolutions/ordinances including travel, donations, budget amendments, traffic striping agreement, engineering services, facility use agreements, and more. Many were passed as a consent agenda with no separate discussion.

Public Comments & Testimony

• Katie Lorenz (Huntsville resident) spoke in support of the women’s healthcare resolution (22‑844), recounting a Texas woman’s story of denied miscarriage care to illustrate why providers need assurance they won’t face prosecution for providing standard care.
• Marie Bostick (Executive Director, Land Trust of North Alabama) thanked the council for a $30,000 budget amendment to support conservation – specifically acquisition of land adjacent to Wade Mountain Nature Preserve.
• Naomi Hala (registered nurse) also supported the women’s healthcare resolution, stating nurses need to be able to care for patients without fear of prosecution under HB 314.
• Jerry Cox (Huntsville resident) raised a concern about a property owned by WellStone (formerly Huntsville Madison County Mental Health Board) on his street; he sought clarity on its zoning and use. City Administrator Hamilton agreed to facilitate contact with the CEO.
• Andre Wilson (District 2 resident) renewed his call for contactless entry in public buildings to aid accessibility and reduce contamination, especially with new COVID variants.

Discussion Items

Medical Cannabis Presentation

• Henry Thornton (External Relations) gave a detailed presentation on the state’s medical cannabis program created by the 2021 Darren Wesley ‘Ato’ Hall Compassion Act.
• Key points: Alabama is the 37th state to legalize medical cannabis; a seed‑to‑sale system will be overseen by the Alabama Medical Cannabis Commission (AMCC). Up to 37 dispensing sites (dispensaries) can operate statewide, with a maximum of 9 per county. Each site must be in a stand‑alone building, at least 1,000 feet from schools/daycares, have 24/7 high‑definition surveillance, and employ a security guard during operating hours. Patients age 19+ with one of 16 qualifying conditions (e.g., PTSD, cancer, epilepsy, chronic pain) must get a doctor’s recommendation and a one‑year card from AMCC. Only seven product forms are allowed – no raw plant, no smokables, no edibles except peach‑flavored gelatinous cubes (gummies). The city must pass an ordinance to allow dispensing sites; that ordinance was introduced at this meeting (Ordinance 22‑846) and will be voted on later. Zoning regulations are being developed concurrently.
• Councilmembers asked about tax rates, patient privacy (data accessible to law enforcement), employee protections, and potential impact on opioid use. A study showing a double‑digit reduction in opioid overdoses in states with medical cannabis was cited. The Mayor noted the first licenses could be issued by mid‑2023.

Women’s Healthcare and Pregnancy Outcomes Resolution (22‑844)

• Original resolution (sponsored by Councilmember Akridge) sought to set city policy that municipal resources would not be used to investigate or prosecute women or healthcare providers for pregnancy outcomes, and that such matters be treated as low priority.
• City Administrator Hamilton expressed law enforcement concerns: the priority language and restrictions on using pregnancy information could hinder investigations of other crimes (e.g., statutory rape, infant death). He clarified HPD does not currently investigate HB 314 violations and would only act if an allegation with probable cause arose, in coordination with the district attorney.
• Councilmember Akridge offered an amendment replacing the operative clauses with: “municipal resources shall only be used in accordance with the provisions of the subject law and the enumerated rights and restrictions defined therein.”
• After debate (with support from Akridge, Keith, Meredith, and opposition from Robinson; Kling voted no on the amendment but voted aye on the amended resolution), the amendment passed 4‑1 (Robinson nay). Then the amended resolution passed 4‑1 (Robinson nay).

CityCentre III Surplus Property Sale

• Shane Davis (Urban Development) presented an urgent request to declare 0.36 acres of land surplus and sell it to CityCentre III, LLC for $143,800 (appraised value). The parcel was bisected by the Low Avenue extension and is unbuildable; the sale allows the developer to close financing before interest rates expire. The land will remain green space and a public plaza. The item required unanimous consent for immediate introduction; that was granted unanimously, and the ordinance was introduced (to be voted on October 27).

Huntsville Utilities – Power Purchase Agreement with Toyota Tsusho

• Resolution 22‑812 authorized a 30‑year power purchase agreement with Toyota Tsusho for 30 MW of solar energy at the Toyota manufacturing plant. This is Huntsville Utilities’ first renewable power purchase agreement, made possible by a 2020 flexibility agreement allowing up to 5% of power from non‑TVA sources. The rate is below TVA’s, and the project will cover about 40% of that 5% allowance. The resolution passed unanimously.

Key Outcomes

• Women’s Healthcare Resolution (22‑844) passed 4‑1 (Councilmember Robinson opposed) after adopting an amendment clarifying city resources will be used only in accordance with state law (HB 314).
• Medical cannabis ordinance (22‑846) introduced; public hearing and final vote set for October 27, 2022, with an effective date of December 23, 2022.
• CityCentre III surplus property sale ordinance (22‑847) introduced with unanimous consent; final vote on October 27, 2022.
• Power purchase agreement with Toyota Tsusho (22‑812) approved unanimously.
• Council meeting date change: First November meeting moved from November 3 to November 10, 2022 (Resolution 22‑842).
• Board nominations for Ice Skating Complex and Community Development Citizens Advisory Council referred to the October 27 meeting.
• Public nuisance declaration at 235 Victory Lane set for objection hearing on October 27, 2022.
• State of Alabama’s medical cannabis program will be integrated into Huntsville pending zoning and privilege license approvals; first dispensing sites expected by mid‑2023.