Birmingham City Council Regular Meeting – August 6, 2024

The Birmingham City Council met on Tuesday, August 6, 2024, at 9:30 a.m. in the Council Chambers. The meeting was called to order after an invocation by Rev. LaVoris Williams and the Pledge of Allegiance led by Councilor Crystal Smitherman. The council approved a consent agenda, adopted a major zoning ordinance update, rejected a rezoning request for a funeral home, extended the moratorium on automated car washes, and authorized a quitclaim deed. Public speakers raised concerns about neighborhood maintenance and federal funding.

Consent Calendar

• The consent agenda included 13 items (Resolutions No. 1133-24 through 1145-24) covering routine approvals: bids for tires, firefighter turnout gear, fire extinguishers, police range targeting systems, crushed stone, temporary construction easement and right-of-way payments for the Pratt Highway Bridge Replacement project, expense accounts for an appointed official and city employees, advanced expense accounts, and a declaration of 176 properties as public nuisances due to noxious weeds with a public hearing set for September 10, 2024. An additional item (Resolution No. 1146-24) approving an advanced expense account for Councilor Clinton Woods was added by consent. All items were approved unanimously (9-0).

Public Comments & Testimony

• Willie Jenkins (1105 Southwood Drive) spoke about Men of Praise appreciation, prayers for the family of Linda Harris, Carver High School reunion, a new pastor at Oak Street Baptist Church, and upcoming Men of Praise events. He also mentioned his upcoming 70th birthday on December 20.
• Renee Hyatt (304 Eastview Drive) complained about lack of cleanup in the eastern side of town, citing overgrown lots and uncollected brush at 309 and 321 Eastview Drive since June 17. She also noted a 70-year-old veteran with a broken window and cancer who needs assistance.
• Keith Williams (456 Kappa Avenue) reported an incident in the Collegeville neighborhood where a 92-year-old resident faced rodent and snake infestation due to an overgrown lot next door. He stated that a group of neighbors cut the grass on Sunday, and he criticized the city's slow response, calling for better weed abatement.
• Tiffany Sellers (2325 Steiner Avenue) asked about the allocation of the $20 million federal Recompete grant awarded to the city. Council President O’Quinn provided an overview: workforce development (with Lawson State), child care (with United Way), and expanded on-demand microtransit zones. He directed her to the Office of Innovation and Economic Opportunity for details.

Discussion Items

• Item 1 – Zoning Ordinance Text Amendments (ZAC2023-00014): This ordinance amends Title 1 of the Zoning Ordinance to add a new Urban Neighborhood (UN) district, update definitions, add building standards, revise dimensional requirements, and amend permitted uses and development standards. The changes aim to increase density, improve walkability, and allow mixed-use near transit corridors. The Planning Commission, Zoning Advisory Committee, and Planning and Zoning Committee recommended approval. Council discussion focused on the UN district's purpose (transitional, not interior single-family neighborhoods), accessory dwelling units, and the special exception process for limited commercial uses. Councilor Abbott noted a typo and requested future cleanup. The ordinance was adopted unanimously (9-0).

• Item 2 – Rezoning Request for Funeral Home (ZAC2024-00002): The applicant, Carl Christian, sought to rezone property at 331 Robison Drive from D-2 Single-Family to QC-2 Qualified General Commercial to operate a funeral home with chapel services. The property is an existing church surrounded by single-family homes. The Zoning Advisory Committee recommended approval with Q conditions (e.g., limited uses, landscaping, lot consolidation, low-impact development to offset overparking). The Planning and Zoning Committee sent it without recommendation. Public testimony included opposition from a resident (Renee Hyatt) and a neighbor representative (Shirley Jones, via Renee Hyatt) citing traffic, violence concerns, and existing funeral homes. The applicant argued he would bring value and noted the neighborhood association voted 9-3 in support. Councilors expressed concerns about spot zoning, parking, lack of a landscaping plan, and the applicant's unlicensed real estate office at the site. The ordinance failed with a vote of 0-9 (all no).

• Item 3 – Restated Moratorium on Automated Car Washes (Ordinance 24-54): The council repealed Ordinance 24-15 and adopted a new 120-day moratorium on new or expanded automated car wash facilities except in B5, M1, M2, M3, I1, I2, or I3 districts. The moratorium is effective upon publication and expires December 8, 2024, with a possible 90-day extension. The city attorney stated that reasonable progress is being made on the Framework Rezoning, which will address appropriate locations for car washes. The moratorium does not apply to zoning applications or ZBA actions. The ordinance was adopted unanimously (7-0, with two councilors absent for the vote).

• Item 4 – Quitclaim Deed for 2110 Avenue I, LLC (Ordinance 24-55): The council authorized the mayor to execute a quitclaim deed conveying the city’s interest in property at 2110 Avenue I (acquired via foreclosure of a municipal lien) to the current assessed owner, 2110 Avenue I, LLC. The city’s improvement assessment was satisfied in 2006. The ordinance was adopted unanimously (9-0).

Key Outcomes

• Adopted Ordinance 24-53 (Zoning Text Amendments) – unanimous (9-0).
• Failed Ordinance to rezone 331 Robison Drive to QC-2 – unanimous (0-9).
• Adopted Ordinance 24-54 (Restated Car Wash Moratorium) – unanimous (7-0, two absent).
• Adopted Ordinance 24-55 (Quitclaim Deed) – unanimous (9-0).
• Adopted Resolution 1147-24 honoring Hezekiah Jackson IV, former President of the Metro Birmingham NAACP, who passed away on August 6, 2024 – unanimous (8-0, one absent).
• The pre-council meeting at 9:00 a.m. was not held due to lack of a quorum.
• The council adjourned at 1:54 p.m.