Huntsville City Council Regular Meeting - July 13, 2023

The Huntsville City Council met on July 13, 2023 at 5:30 PM in the City Council Chambers. All five council members were present. The meeting included approval of the agenda and minutes, setting of public hearings, a finance committee report, board nominations, Huntsville Utilities expenditures, legal easement vacations, unfinished business, a large consent agenda, and a major discussion on the purchase of the TARCOG headquarters for amphitheater parking. Public comments covered alligator concerns, land contract permits, and traffic enforcement.

Consent Calendar

• Approval of Agenda, Minutes, and Finance Committee Report: Approved unanimously (5-0).
• Public Hearings to Be Set: Six resolutions setting public hearings for August 24, 2023, including a special shuttle, various zoning and rezoning requests, and an alleyway vacation. All approved unanimously (5-0).
• Board Appointments: Nominations for the Huntsville Police Citizens Advisory Council, Health Care Authority, Housing Board of Adjustments, and Madison County DHR Board were referred to the July 27 meeting for final approval.
• Huntsville Utilities Items: Approved $4,200,000 for electric/fiber development, $2,600,000 for a water main on Research Park Boulevard, and $3,000,000 for distribution transformers (all 5-0).
• Legal Department Easement Vacations: Five ordinances vacating utility and drainage easements (Rocket Town, Safe Mini Storage, Ward-Duda, Anderson, Cove Retail) approved unanimously (5-0).
• Unfinished Business: Ordinance amending the bingo code (to update references, add a vice chairman, and allow social media advertising), ordinance amending personnel policies for part-time employees (step increases, longevity), and ordinance declaring 16.81 acres on Green Cove Road surplus for sale to Roots Multi Clean (street sweeper manufacturer). All approved unanimously (5-0).
• New Business Consent Agenda Items (20A-Z): Approved in one motion except item 20D (Marathon Realty). Items included travel expenses, procurement bids, District 5 improvement funds, engineering design for James Record Road bridge, lease modification, wastewater study, records management, ADECA grant, Vector Solutions modification, telecom audit, invocation of 13 letters of credit for subdivisions, facility use agreement with Ambiance LLC, MOA with Alabama School of Cyber Technology, asphalt project modification, and three special employee agreements. All approved.

Public Comments & Testimony

• Howard Ross (2617 X-Caliber Drive): Requested the council to pass a resolution asking the Alabama Attorney General for an opinion on whether a land contract (bond for title) confers equitable title allowing a work permit. He cited previous cases and an AG opinion. The City Attorney stated the city ordinance does not permit it, and the mayor declined to pursue a resolution, leaving Mr. Ross to submit his own request.
• John Killian (2130 Jackson Bend): Described a nuisance alligator problem in his neighborhood (three alligators, one 10–11 feet). He said state wildlife officials told residents to learn to live with them. He noted that in 1979, 59 alligators from Louisiana were released at Wheeler Wildlife Refuge, and their descendants are now in South Huntsville. He urged the city to advocate for a removal policy.
• Dale Jackson (123 Main Street): Expressed strong concern about the alligator in Hayes Farm that killed a dog. He warned that a child could be attacked and urged the city to push for a state policy allowing hunting or removal of nuisance alligators. He stated the current system is ineffective.
• Tony Adair (1311 Governor's Drive): Commended the city and police department for increased enforcement on Governor's Drive after a fatality, noting a visible police presence and reduced speeding. He also thanked the city for addressing a homeless issue in Northwest Huntsville with a task force.
• Andre Wilson (District 1 resident): Criticized Huntsville dropping from #1 to #2 in national rankings, citing lack of modernization. He proposed the "Rocket City Ballers," an all-gender professional basketball team sponsored by the WNBA and NBA, to boost city interest. He also advocated for contactless technology in public buildings to reduce disease spread.
• Joseph Cheney (2137 Jackson Bend): Explained the difficulty in getting state wildlife officials to respond to nuisance alligator reports. He noted that the state's process requires observation by a single officer covering multiple counties, leading to delays. He asked the city to use its lobbyist to influence state removal procedures.

Discussion Items

• Councilmember Comments:
  • Bill Kling deferred to Dr. Robinson on alligator issues. He expressed concerns about the planning commission’s approval of a new downtown Starbucks, worrying about traffic backups similar to the Governor’s Drive location. He also noted rising euthanization rates at the animal shelter and urged redoubled efforts. He celebrated his 30th wedding anniversary.
  • Jennie Robinson thanked the mayor, departments, and Huntsville Utilities for a quick response to Green Mountain water issues and community meetings. She discussed alligators in Hayes Farm, noting state/federal protections and the need for public education signs. She announced a town hall rescheduled to July 31 at the library.
  • Devyn Keith defended the city’s special session action against a nuisance business in North Huntsville, praising the police and legal team. He thanked colleagues for supporting Johnson Legacy Park redevelopment and recognized visiting students from Alabama A&M.
  • David Little reported on a June 28 open house for the Drake project (mixed-use in Hampton Cove), with a follow-up meeting in mid-August. He noted the groundbreaking for a new Food City in Hampton Cove and praised the Fish concert at the Orion Amphitheater.
  • John Meredith thanked the school board for allowing him to present council improvement funds to Columbia High School wrestling. He pledged to explore changing the ordinance so that subdivision committee decisions, like zoning, come before the council for final approval.
• Item 20D – Marathon Realty (Food City): Resolution authorizing purchase and sale agreement for land on North Memorial Parkway/Northern Bypass to anchor a Food City grocery. Councilmember Keith highlighted the retail renaissance in North Huntsville. Unanimously approved (5-0).
• Item 21A – TARCOG Headquarters Purchase (Unanimous Consent): Ordinance to purchase the TARCOG (Top of Alabama Regional Council of Governments) headquarters property (3.6 acres + building) for $8 million to build a 1,000–1,200 space parking garage for the Orion Amphitheater. The city will swap one acre with Mid-City developer for future retail, and TARCOG will relocate to a new site on Corporate Drive (1.09 acres) at no additional cost. The purchase price is based on replacement cost. TARCOG Director Michelle Jordan confirmed the board’s support. The item was considered under unanimous consent due to timing. Approved unanimously (5-0) with a note that Councilmember Kling later changed his vote to nay at the July 27 meeting (noted in minutes).

Key Outcomes

• All votes on the agenda were unanimous (5-0) except where noted; all items passed.
• Public hearings set: July 27 (shuttle) and August 24 (zoning, rezoning, alleyway vacation).
• Board nominations referred to July 27 meeting for final appointment.
• Huntsville Utilities approved $9.8 million in additional expenditures for electric/fiber development, water main, and transformers.
• Bingo ordinance amended to update references, add vice chairman, and allow social media advertising.
• Personnel policy amended to allow part-time employees to be hired above step, receive step increases every two years, and be eligible for longevity recognition.
• Surplus property (16.81 acres on Green Cove Road) sold to Roots Multi Clean for street sweeper manufacturing.
• Marathon Realty purchase and sale agreement approved for Food City location.
• TARCOG property acquired for parking garage, with TARCOG relocating to Corporate Drive.
• Councilmember Kling requested a review of planning commission decisions on subdivisions; Council President Meredith will work on ordinance changes.
• Alligator concerns: The city will continue to coordinate with state and federal wildlife officials, emphasizing documentation of nuisance behavior and public education. Mayor and staff will follow up with residents and state agencies.