OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Huntsville City Council Regular Meeting – January 25, 2024

City Council — Thursday, January 25, 2024
BodyHuntsville, Alabama
SessionCity Council
DateThursday, January 25, 2024
StatusFILED
Video Record
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1:19

Good evening, everybody.

1:22

The time is 5 30.

1:23

It's January 25th, 2024, and we are meeting in the city council chambers of Huntsville, Alabama, and all council members are present.

1:30

We welcome all of you that are here and those that are also watching online.

1:33

And we are convening this session in the Huntsville City Council Chambers, and the meeting will be called to order.

1:38

And we'll begin with a moment of silence, followed by the Pledge of Allegiance, which will be led by Evan Hill, who's a uh Boy Scout with Troop T 43.

1:46

So after the moment of silence, I'll point to you.

1:49

So right, so please stand as you are able for the moment of silence.

2:05

And thank you.

2:08

Please join me in the pledge.

2:10

I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God, indivisible liberty and justice for all.

2:28

Thank you, Evan.

2:30

Council members, you have the agenda before you for this regular meeting of the city council for January 25th, 2024.

2:37

Please note that item 19A has been withdrawn by the sponsor.

2:40

I object.

2:41

Okay.

2:43

The sponsor is the administration.

2:45

The administration cannot at this point withdraw the item.

2:49

Well, uh, let's see here.

2:54

Do we want to do that?

2:55

Look, according according to Mr.

2:57

Riley's own statement at the I think it was the January 11th special session, that he said he had considered how to handle that issue without the city count without the council members um coming to the meeting, and basically he had determined that it had been the determination he had made was that he as a city attorney did not have the right or power to make any sort of movement whatsoever on it, that it was a public hearing that had been set by the council at a previous meeting.

3:35

So in his judgment, the only entity or the only body that can make the motion or make a decision to continue on the hearing would be the city council.

3:46

And that the only way the council acted was in concert.

3:52

In other words, we had to all be together.

3:54

So while he was specifically talking about a hearing, the fact that it was uh had been acted upon by the body of this council meant that he couldn't, as a representative of the administration, arbitrarily take it and and and do something with it.

4:15

The body of this city council are the only people after the motion to to for approval on this issue was made and duly seconded.

4:28

Only the body, only the city council can then take action on it.

4:34

So the fact the administration wants to remove it, they can't do it.

4:39

And it's not John Meredith sitting here saying that that's the case.

4:44

Out of personal expense, time and resources, I have conferred with three different legal offices on this issue.

4:53

And all three of them came to the same conclusion.

5:00

So this body is going to have to be the mechanism by which this issue is dealt with.

5:04

Well, Mr.

5:05

Meredith, may I have an opportunity to respond?

5:08

It would have been uh nice, I guess, if you had concerns, if you might have called me and shared your legal opinions, but what comes to mind now is this new theory that you have presented in support of your position is that uh we have two different scenarios.

5:24

The scenario to which you are referring is one in which the decision of whether or not a meeting could be continued, uh, that I could just make that by myself.

5:36

And I did make that decision that because you uh had set the meeting that I, as the city attorney, could not just do that uh on my own volition, that you had to make that decision as a body.

5:49

And that's still a good decision and a good opinion to make.

5:53

This is an entirely different situation, and it is one which is covered by our rules.

5:59

And I hesitate to go back through this again.

6:02

Uh, and I'm sure that your three esteemed legal counsel uh made excellent consideration uh based on only the things that you told them.

6:12

I shared everything that you were on public record with.

6:15

All right.

6:16

Uh but you know, let's review again what we said.

6:21

The procedural rules of the council, rule seven, which stated except as provided in this division, the council shall adhere to the procedural rules in the latest edition of Roberts Rules of Order.

6:36

Notice the first phrase, except as provided in this division.

6:41

In other words, the council rules.

6:43

114352 of the Code of Alabama states that the council is to determine the rules of their own proceedings.

6:52

That in fact you have done as a council when you committed, when you uh uh uh created and voted on and set into place the rules.

7:02

The scope of that is that uh for the orderly transaction of public business and the provision of this uh division, uh which is called council rules, they are adopted for the government of the city council.

7:17

That's section 2-9 uh under the scope of those council rules.

7:23

Section 2-92, which is Rule 1 of the agenda.

7:30

Take me just a second to get to that, says uh, of course, under A, prior to any meeting of the council, the president of the council shall establish and make or publish an agenda, make public or publish an agenda.

7:48

Down in subparagraph F of that, it says in plain English, an item established on the published agenda may be removed or postponed by the sponsor without approval of the city council prior to the meeting or prior to the agenda being adopted by the council at the meeting.

8:09

At our last meeting in which we had this discussion, we addressed this and you voiced your complaints, and I specifically asked you the question, and I went back to view the video to make sure I wasn't misremembering it.

8:22

I specifically asked the question that what I'm hearing from you uh is if this was put back on the motion and if the mayor moved to withdraw it prior to the adoption of the council, would that satisfy you?

8:35

And you unequivocally stated yes, based upon that request, I it was in fact placed back on the agenda, and here we are today doing exactly what you stated would satisfy you, and which I have now read the rules a second time uh to indicate that it is an in accord with our rules with all due respect to the three esteemed experts you may have consulted, although you've got a city attorney here on the payroll.

9:05

And so uh what I'm saying to you here is that we have covered this, and I've tried my best to do what you could ask me to do, and to satisfy your procedural request.

9:20

And I think we have done that, and we have followed the rules, and these rules make sense.

Discussion Breakdown — Share of Meeting
Zoning And Land Use██████████████████████22%
Public Engagement███████████████15%
Procedural█████████9%
Winter Weather Response████████8%
Economic Development███████7%
International Relations██████6%
Legal Considerations████4%
Governance Structure████4%
Public Health████4%
Summary of Proceedings

Huntsville City Council Regular Meeting – January 25, 2024

The Huntsville City Council held its regular meeting on January 25, 2024, at 5:30 PM in the City Council Chambers. The meeting featured a procedural dispute over the withdrawal of an ordinance to create a Huntsville Sustainability Commission, unanimous approval of multiple rezoning ordinances, a presentation on the Community Free Dental Clinic, and councilmember comments on the city's response to a severe ice storm. All five councilmembers were present: David Little (President), Jennie Robinson, Bill Kling, Devyn Keith, and John Meredith.

Consent Calendar

  • Minutes Approval: Minutes of the Regular Meeting and Special Session of January 11, 2024, were approved as submitted.
  • Resolution Honoring James Elbert Peters (Resolution 24-33): Approved unanimously with a presentation to his family.
  • Expenditures Resolution (Resolution 24-34): Approved for $27,590,868.39.
  • Travel Resolution for Councilmember Keith (Resolution 24-35): Approved for a Chamber of Commerce trip to Washington, D.C., April 6–9, 2024.
  • Board Reappointments: Garfield W. Boon and Carla Clift were reappointed to the Huntsville Public Library Board for four-year terms expiring February 10, 2028 (Resolutions 24-36 and 24-37).
  • Consent Agenda (New Business Items 20a–20h, 20j–20o): Approved in one motion, including resolutions for travel expenses, donations, bid awards, District 5 Council Improvement Funds, Ice Sports Center parking lot change order, SCADA engineering services, budget amendment for authorized strength, EPA Air Programs Grant application, modification to Urban Design Associates agreement (Mill Creek CNI grant), consent to assignment, records request management software, MOU with school board and NCAC, settlements of two lawsuits (Tracy Massie and Stephen Scott Story), and a special employee agreement with Gary K. Miller.

Public Comments & Testimony

  • Agenda-Related Public Comments: Byron McGlathery (concerned citizen of Southeast Limestone/Southwest Huntsville) spoke during public hearings, expressing opposition to high-density multi-family zoning on Swancott Road and near Bilow Road, arguing it conflicts with the existing single-family character and will increase traffic.
  • Second Roster Public Comments: Joy Johnson (Huntsville) read a press release from Hayward, California, describing that city’s divestment of $1.6 million from four companies tied to Israel and urged the Council to consider similar action to stand against the war in Gaza.

Discussion Items

  • Procedural Dispute over Item 19a (Sustainability Commission): Councilmember Meredith objected to the administration’s attempt to withdraw Ordinance 23-768 (Huntsville Sustainability Commission) prior to the agenda vote, arguing that only the Council could remove it under the rules. City Attorney Trey Riley cited Council Rule 2-92(F) allowing a sponsor to remove an item before adoption. After debate, Councilmember Keith moved to adopt the agenda with item 19a deleted; the motion passed 3-2 (Little, Robinson, Keith in favor; Kling, Meredith opposed). Meredith later introduced the same ordinance as new business (Ordinance No. 24-? due back February 8, 2024).
  • Presentation – Community Free Dental Clinic: Eugenia Graves, a founder and volunteer nurse, presented the clinic’s work since 2013. Highlights: over 10,000 patients treated, $4.8 million in free services, 967 patients seen in 2023 with 6,769 treatments, annual operating cost of $260,000. The clinic serves the uninsured, working poor, homeless veterans, and others. Councilmember Robinson commended Graves for leading the effort and noted the clinic recently purchased a permanent building on Whitesburg Drive.
  • Public Hearings on Rezonings (all passed unanimously):
    • 94.57 acres on Swancott Road (R2 and R2-B) – Byron McGlathery spoke in opposition to multi-family.
    • 23.51 acres on Swancott Road (R1 to R1-A) – McGlathery spoke again, citing density concerns. Council discussed growth and multifamily trends; staff noted most developments are single-family and that apartment uptake rates are high at 90–92%.
    • 40.02 acres on Meridian Street (R1-B to R2) – No public comment; staff explained it allows minor lot frontage reduction but remains single-family.
    • 59.73 acres on Memorial Parkway (Heavy Industry to C-4) – City-initiated rezoning.
    • 45.52 acres on Clinton Avenue (Light Industry & R2-B to C-3) – City-initiated.
    • 48.87 acres on One Aviation Way (C-4 to Commercial Industrial Park) – No public comment.
  • Unfinished Business – Surplus Property (Items 19c and 19d): Shane Davis, Urban Development Director, explained two adjacent parcels near Pisgah Road: a 1.18-acre lot found to be owned by a private party due to a deed error (19c – corrective conveyance) and a 4.8-acre city-owned tract with a small playground to be sold to Stanley Developers for $57,600 (19d). Both were approved. Development includes the Spraggins Cove subdivision (157 single-family lots). Councilmember Keith praised the progress in North Huntsville.
  • Councilmember Comments:
    • Kling: Praised city workers for ice storm response; suggested the Sustainability Commission be adopted as a council ordinance with council appointees; jokingly raised a constituent request for duck steps at Big Spring Park lagoon.
    • Meredith: Criticized lack of communication from the administration during the ice storm, stating council received no updates and constituents were told to “use snow for traction.” Announced plans to introduce a winter weather task force ordinance. Reported that Balch/Capshaw intersection improvements begin January 29; Martin Road Recreation Center (27,000 sq ft, includes pickleball) approved; Huntsville West Industrial Park phase 1 approved; Huntsville Airport passenger record in 2023 (1,473,629, up 23% from 2022).
    • Keith: Thanked city workers and first responders; praised community volunteerism during the storm; noted a presentation on tree/limb cutting and public works is requested for March.
    • Robinson: Thanked sanitation workers; highlighted Arts Huntsville’s $300,000 in grants and new rehearsal spaces at old Grissom High School (ribbon cutting February 1); noted South Precinct Captain Chris Riley.
  • Mayor Battle: Announced board appointments (Darrell Brown, Steve Thornton to Sports Commission; Chris Stuhlinger to Tree Commission; Kamilah Torres to Human Relations Commission). Thanked police, utilities, and emergency management for ice storm response.

Key Outcomes

  • Agenda adopted 3-2 with item 19a (Sustainability Commission) deleted. Meredith introduced the ordinance as new business; it will be considered on February 8.
  • All six rezoning ordinances passed unanimously (five with public hearings, one no hearing).
  • Unanimous approval of expenditures ($27.5M), travel, board reappointments, consent agenda items, surplus property conveyances (19c and 19d), and the amended hands-free driving ordinance (19b).
  • Resolution 24-48 (Urban Design Associates contract modification for Mill Creek CNI grant) approved; presentation on the grant application expected at next council meeting.
  • Councilmember Kling requested a joint breakfast meeting with the mayor, school superintendent, and school board to improve communication.
  • Second public comment: Joy Johnson’s call for divestment was received; no council action taken.

Meeting Transcript

Good evening, everybody. The time is 5 30. It's January 25th, 2024, and we are meeting in the city council chambers of Huntsville, Alabama, and all council members are present. We welcome all of you that are here and those that are also watching online. And we are convening this session in the Huntsville City Council Chambers, and the meeting will be called to order. And we'll begin with a moment of silence, followed by the Pledge of Allegiance, which will be led by Evan Hill, who's a uh Boy Scout with Troop T 43. So after the moment of silence, I'll point to you. So right, so please stand as you are able for the moment of silence. And thank you. Please join me in the pledge. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God, indivisible liberty and justice for all. Thank you, Evan. Council members, you have the agenda before you for this regular meeting of the city council for January 25th, 2024. Please note that item 19A has been withdrawn by the sponsor. I object. Okay. The sponsor is the administration. The administration cannot at this point withdraw the item. Well, uh, let's see here. Do we want to do that? Look, according according to Mr. Riley's own statement at the I think it was the January 11th special session, that he said he had considered how to handle that issue without the city count without the council members um coming to the meeting, and basically he had determined that it had been the determination he had made was that he as a city attorney did not have the right or power to make any sort of movement whatsoever on it, that it was a public hearing that had been set by the council at a previous meeting. So in his judgment, the only entity or the only body that can make the motion or make a decision to continue on the hearing would be the city council. And that the only way the council acted was in concert. In other words, we had to all be together. So while he was specifically talking about a hearing, the fact that it was uh had been acted upon by the body of this council meant that he couldn't, as a representative of the administration, arbitrarily take it and and and do something with it. The body of this city council are the only people after the motion to to for approval on this issue was made and duly seconded. Only the body, only the city council can then take action on it. So the fact the administration wants to remove it, they can't do it. And it's not John Meredith sitting here saying that that's the case. Out of personal expense, time and resources, I have conferred with three different legal offices on this issue. And all three of them came to the same conclusion. So this body is going to have to be the mechanism by which this issue is dealt with. Well, Mr. Meredith, may I have an opportunity to respond? It would have been uh nice, I guess, if you had concerns, if you might have called me and shared your legal opinions, but what comes to mind now is this new theory that you have presented in support of your position is that uh we have two different scenarios. The scenario to which you are referring is one in which the decision of whether or not a meeting could be continued, uh, that I could just make that by myself. And I did make that decision that because you uh had set the meeting that I, as the city attorney, could not just do that uh on my own volition, that you had to make that decision as a body. And that's still a good decision and a good opinion to make. This is an entirely different situation, and it is one which is covered by our rules. And I hesitate to go back through this again. Uh, and I'm sure that your three esteemed legal counsel uh made excellent consideration uh based on only the things that you told them. I shared everything that you were on public record with. All right. Uh but you know, let's review again what we said. The procedural rules of the council, rule seven, which stated except as provided in this division, the council shall adhere to the procedural rules in the latest edition of Roberts Rules of Order. Notice the first phrase, except as provided in this division. In other words, the council rules. 114352 of the Code of Alabama states that the council is to determine the rules of their own proceedings. That in fact you have done as a council when you committed, when you uh uh uh created and voted on and set into place the rules.

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