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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Huntsville City Council Regular Meeting – December 15, 2022

City Council — Thursday, December 15, 2022

BodyHuntsville, Alabama

SessionCity Council

DateThursday, December 15, 2022

StatusFILED

Video Record

0:00 / 2:31:16

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

0:49

2022, and we are meeting in the City Council Chambers of Huntsville, Alabama.

0:54

Thanks to all of you who are with us tonight and to those who are watching online.

0:59

Please note for the record that all council members are in attendance, and we are convening this session of the Huntsville City Council, and the meeting will be called to order.

1:08

We will begin our meeting tonight with an invocation led by Reverend Rosie Veil Eby with the Church of the Nativity that will be followed by the Pledge of Allegiance led by Councilmember Washington.

1:19

Please stand for the invocation and pledge.

1:35

Loving Creator, we give you thanks for your mercy, patience, and compassion, for the helping hands of this community, for the organizations like First Stop, for the volunteers who serve and bring forth the light, love, and grace that is abundant here in Huntsville.

1:56

We praise you for your creation, preservation, and sustaining love.

2:02

We ask for the forgiveness for the waste of your resources.

2:06

We pray for peace, for housing, for safety, consideration, and for strength for the new day.

2:15

We pray for this local government, government, and beyond, for the earth, the economy, for those sick and suffering, those in the homeless community and beyond.

2:27

For those we lost this year to violence, substance use, illness, and particularly COVID.

2:36

All this we ask and pray in God's holy and comforting name.

2:41

Amen.

2:49

To the Republic, for that just stands.

3:04

Thank you, Councilmember Robinson.

3:06

Thank you all.

3:08

Council members, you have the agenda before you for this regular meeting of the City Council on December 15th, 2022.

3:15

I'd like to point out that tonight we have three items for which the administration has requested that the council consider this evening, and each will require me will require unanimous consent of the council for that consideration.

3:30

The items are 21A, 21B, and 21C.

3:47

In that case, is there a motion?

3:50

Second.

3:51

Motion by Councilmember Kling.

3:53

Second by Councilmember Little.

3:56

All those in favor say aye.

3:58

All those opposed say nay.

4:02

Hearing none, the agenda will stand approved and accepted as presented.

4:07

Council members, you have a copy of the minutes of the regul of the minutes of the regular meeting of the Huntsville City Council held on December first, 2022 before you.

4:16

Are there any changes or additions to be made to the minutes that you have received?

4:21

Hearing none, those minutes will stand approved.

4:25

The mayor has no special recognitions this evening.

5:00

Yes, sir.

5:02

Thank you, Council President.

5:03

Yes, sir.

5:04

Scott Cardinal with Natural Resources.

5:07

Excuse me.

5:08

The city's air pollution control rules and regulations must be updated periodically to maintain consistency with federal and state law.

5:17

Tonight these updates include an update to the definition of all tour organic compounds in Chapter 1.

5:26

Definition changes in Chapter 3 involving air permits.

5:30

An increase in the open burning permit fees and regulations applicable to commercial and industrial solid waste incinerators in Chapter 5.

5:40

Incorporation of amendments to federal new source performance standards and national emission standards for hazardous air pollutants in chapters 13 and 14.

5:51

And updates to the emission guidelines for municipal for municipal solid waste landfills in chapter 18.

5:59

We did receive one comment from ADM regarding these proposed changes to the definitions in Chapter 3.

6:06

And our response to that comment has been incorporated into the package currently before you.

6:11

And finally, the adoption of these amendments has been recommended by the Air Pollution Control Board.

6:17

Thank you.

6:18

Thank you, Mr.

6:19

Cardinal.

6:20

At this time, I'd like to open the public hearing.

6:22

Is there anyone that wishes to speak on this issue?

6:28

Seeing none, I will close the public hearing.

6:31

Move to approve the ordinance.

6:32

Motion by Dr.

6:33

Robinson, second by Mr.

6:34

Kling.

6:35

Any discussion on this?

6:38

All those in favor?

6:39

I have one.

6:40

Dr.

6:40

Robinson.

6:41

19A is also concerning changes to the uh open burning.

Discussion Breakdown — Share of Meeting

Zoning And Land Use█████████████████████████████████████37%

Procedural███████████████15%

Cannabis Regulation██████████████14%

Public Engagement█████████████13%

Affordable Housing████4%

Public Safety███3%

Public Health███3%

Transportation Safety██2%

Federal Government Relations██2%

Summary of Proceedings

Huntsville City Council Regular Meeting – December 15, 2022

The Huntsville City Council held its regular meeting on Thursday, December 15, 2022, at 5:30 PM in the Council Chambers. All five council members were present (Meredith, Robinson, Kling, Keith, Little), along with Mayor Tommy Battle, City Administrator John Hamilton, City Attorney Trey Riley, and Clerk-Treasurer Ken Benion. The meeting included multiple public hearings, zoning decisions, a debate on public comment rules, approval of a housing assistance program, and several annexations.

Consent Calendar

Approved minutes of the December 1, 2022 meeting (unanimous).
Approved multiple routine zoning and rezoning items (9B-9E, 9G) with no public testimony: Old Big Cove Rd. (R-1A), Wade Rd. (C-4 with restrictions), Oakwood Ave./Meridian St. (R-2), Swancott Rd. (C-4), and a front yard ordinance amendment.
Approved public nuisance cleanup and demolition liens (9I, 9J) – 6311 Marsh Ave. ($15,931.84) and 2106 Boardman St. – both unanimously.
Approved legal easement vacations (18A-18G) unanimously.
Approved open burning permit fee increase from $100 to $250 (19A) unanimously.
Approved multiple board reappointments (15A, 15B): James Splawn and James Ledbetter to the Solid Waste Disposal Authority (unanimous).
Approved the consent agenda for most new business items (20A-K, M, N, R-Y) including budget amendments, procurement, a solar ground lease, Sandra Moon Community Center change order, Don Mincher Drive engineering, HPD lease modification, purchase agreements, and several special employee agreements.
Approved travel expenses, donations, and various consulting/service contracts (unanimous).

Public Hearings & Testimony

9F – Holmes Ave Rezoning (4.33 acres from R-1B to C-1 for student housing): Multiple residents of the McThornmore Acres and Greenacre neighborhoods spoke in opposition. Ray Allen cited lack of notice, concerns about parking, traffic, and property values. Peggy Klaus (neighborhood association) opposed rezoning but suggested fewer concerns if UAH built/managed. David Mullins raised questions about parking capacity, the developer's plans, and the speed of the process. Donna Dutton worried about future commercial uses and the risk if the project falls through. The council heard the public and closed the hearing. Councilmember Kling moved to refer back to the Planning Commission, but it lacked a second. The ordinance passed 4-1 (Kling opposed).
9H – Medical Cannabis Facilities Regulations: Planning staff presented a conservative zoning approach, restricting dispensaries to the Medical District only, with setbacks from schools/daycares (1,000 feet) and residential districts (abutment prohibited). No combustible products allowed. Councilmember Keith raised concerns about "commercial redlining" and lack of variance process for other zones like M-2. City Attorney clarified that amending would require restarting the process and miss the state's December 30 deadline. Councilmember Robinson noted the urgency. The ordinance passed 4-0 with Keith abstaining.
Agenda-Related Public Comment: Tris Wilson spoke in support of 19B (public comments rule), arguing it would increase openness.

Discussion Items

19B – Public Comments Rule Amendment: Councilmember Kling proposed reverting to a single public comment period at the start of meetings (as historically practiced). He argued it shows responsiveness and allows earlier citizen engagement. Councilmember Robinson opposed, saying the current system is effective and individual meetings/emails are better problem-solving tools. Councilmember Keith supported the change, noting seasonal timing and accessibility. The motion required a 4/5 vote (amendment to council rules). Vote: Kling and Keith in favor; Meredith, Robinson, Little against. Motion failed 2-3. After the vote, Robinson changed her vote to "aye" but it did not affect the outcome.
20L – Huntsville Housing Helps Program: Scott Irwin (Community Development) presented a $6 million program (up to $5M for direct benefits, $1M for administration) administered by the Catholic Center of Concern to provide temporary rental/housing assistance for households in crisis. Councilmember Robinson praised the agency. Councilmember Keith asked for quarterly spending reports by demographic/zip code, which was agreed. Approved unanimously.
20O, 20P, 20Q – Consulting Contracts: Renewals for Direct Communications ($168,000 for state lobbying), 535 Group LLC ($108,000 for federal lobbying), and GovOS ($191,948 for online forms). All held for transparency; approved unanimously.

Key Outcomes

Holmes Ave Rezoning (9F): Approved 4-1. No restriction on the project type, but planning staff noted future parking agreements with UAH and design review by the Board of Zoning Adjustments.
Medical Cannabis (9H): Approved 4-0 (Keith abstaining). Regulations effective immediately; dispensaries limited to Medical District; future expansion possible based on state actions.
Public Comments Rule (19B): Failed (2-3). The current order (agenda-related comments first, second roster later) remains.
Housing Helps Program (20L): Approved. Quarterly reporting to council.
Annexations (21A, 21B, 21C): All approved unanimously after unanimous consent to consider. 21A (1,220.5 acres west of I-65) will be commercial/industrial only, supported by the existing Greenbrier fire station. 21B (0.5 acres) and 21C (3.47 acres on Winchester Rd.) annexed for city services.
Surplus Property Declaration (21D): 136.28 acres (Lot 2, Lanier Subdivision) declared surplus; purchase/sale agreement with Stanley Developers LLC referred to January 12, 2023 meeting.
Board Nominations (16A-C): Katie Beasley (Land Trust), Abby Owens (Accessibility), Traci Harris (Human Resources) – all referred to January 2023 meeting.
Finance Committee: Expenditures of $18,033,470.95 approved.

Councilmember Comments

Councilmember Kling noted the passing of community leaders Charlie Granger and Bill Poole, and raised a traffic concern at Chick-fil-A/Starbucks on Governors Drive.
Councilmember Keith highlighted successes in Terry Heights (rising property values) and called for action against absentee landlords responsible for crime and blight.
Councilmember Little praised the Connect class and holiday events.
Councilmember Robinson emphasized the need for a rental registry, short-term rental ordinance, and vacant building controls; also promoted HPD Open House and Christmas on the River events.
President Meredith thanked Huntsville Fire & Rescue for 200 years of service and announced a January 3, 2023 President’s Forum on the arts.

Meeting Transcript

2022, and we are meeting in the City Council Chambers of Huntsville, Alabama. Thanks to all of you who are with us tonight and to those who are watching online. Please note for the record that all council members are in attendance, and we are convening this session of the Huntsville City Council, and the meeting will be called to order. We will begin our meeting tonight with an invocation led by Reverend Rosie Veil Eby with the Church of the Nativity that will be followed by the Pledge of Allegiance led by Councilmember Washington. Please stand for the invocation and pledge. Loving Creator, we give you thanks for your mercy, patience, and compassion, for the helping hands of this community, for the organizations like First Stop, for the volunteers who serve and bring forth the light, love, and grace that is abundant here in Huntsville. We praise you for your creation, preservation, and sustaining love. We ask for the forgiveness for the waste of your resources. We pray for peace, for housing, for safety, consideration, and for strength for the new day. We pray for this local government, government, and beyond, for the earth, the economy, for those sick and suffering, those in the homeless community and beyond. For those we lost this year to violence, substance use, illness, and particularly COVID. All this we ask and pray in God's holy and comforting name. Amen. To the Republic, for that just stands. Thank you, Councilmember Robinson. Thank you all. Council members, you have the agenda before you for this regular meeting of the City Council on December 15th, 2022. I'd like to point out that tonight we have three items for which the administration has requested that the council consider this evening, and each will require me will require unanimous consent of the council for that consideration. The items are 21A, 21B, and 21C. In that case, is there a motion? Second. Motion by Councilmember Kling. Second by Councilmember Little. All those in favor say aye. All those opposed say nay. Hearing none, the agenda will stand approved and accepted as presented. Council members, you have a copy of the minutes of the regul of the minutes of the regular meeting of the Huntsville City Council held on December first, 2022 before you. Are there any changes or additions to be made to the minutes that you have received? Hearing none, those minutes will stand approved. The mayor has no special recognitions this evening. Yes, sir. Thank you, Council President. Yes, sir. Scott Cardinal with Natural Resources. Excuse me. The city's air pollution control rules and regulations must be updated periodically to maintain consistency with federal and state law. Tonight these updates include an update to the definition of all tour organic compounds in Chapter 1. Definition changes in Chapter 3 involving air permits. An increase in the open burning permit fees and regulations applicable to commercial and industrial solid waste incinerators in Chapter 5. Incorporation of amendments to federal new source performance standards and national emission standards for hazardous air pollutants in chapters 13 and 14. And updates to the emission guidelines for municipal for municipal solid waste landfills in chapter 18. We did receive one comment from ADM regarding these proposed changes to the definitions in Chapter 3. And our response to that comment has been incorporated into the package currently before you. And finally, the adoption of these amendments has been recommended by the Air Pollution Control Board. Thank you. Thank you, Mr. Cardinal. At this time, I'd like to open the public hearing. Is there anyone that wishes to speak on this issue? Seeing none, I will close the public hearing.

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