Birmingham City Council Regular Meeting - August 13, 2024

The Birmingham City Council met on August 13, 2024, at 9:30 AM in the Council Chambers. The pre-council meeting at 9:00 AM was not held due to lack of a quorum. The regular meeting included approval of a consent agenda, two zoning ordinance changes, a liquor license for Dave's Pub, a right-of-way vacation resolution, and an executive session. Presentations highlighted city programs and a youth basketball championship, and two members of the public addressed the council on safety and community issues.

Consent Calendar

• Items 3–73 and addendum items 76–78 were approved en masse (vote: 7–0). This included:
  • Amendment of a Restaurant Retail Liquor License for Rocky’s Pizza (Item 3).
  • Abatement of nuisances on numerous properties (Item 4) and removal of inoperable motor vehicles (Items 5–24).
  • Software agreement correction for Birmingham Police Department (Item 25).
  • Right-of-way encroachment agreements for Alabama Power and Iron Mountain (Items 26–27).
  • Assignment of encroachment licenses for the Pizitz Building (Item 28).
  • Lease for Fire Department operations at former Mazer Discount Home Center (Item 29).
  • Demolition orders for 30+ unsafe structures (Items 30–66, 68).
  • Condemnation repair permit (Item 69).
  • Purchase of equipment for Legion Field (Item 70).
  • Holiday season events resolution (Item 71).
  • Advanced expense accounts for officials and employees (Items 72–73).
  • Low-speed vehicle operating authority permits (Items 76–78).
• Item 67 (demolition at 420 Oporto Madrid Blvd S) was removed from the consent agenda at Councilor Moore’s request and deferred four weeks after a property representative cited pending litigation and alleged rights violations.

Public Comments & Testimony

• Marcus Cummings (1933 16th Ave S, business owner) requested improved lighting under the viaduct on 7th Avenue South and increased police presence in entertainment districts, noting a recent donut-driving incident that endangered employees. He also raised concerns about “predatory token companies” running red lights.
• William Muhammad (411 Lorain St) invited the council to a community violence prevention discussion on August 17 at the End of the Rec Center, noting collaboration with the FOP to recruit police officers and address violence.

Discussion Items

• Zoning Change ZAC2024-00003 (Item 1): First reading on July 9, second reading and public hearing on August 13. The ordinance rezoned 5955 Barber Motorsports Parkway and 969 Rex Lake Road from I-3 (Planned Manufacturing) to PRD (Planned Recreational District) to allow a 105-unit multi-family car condominium development. The zoning administrator reported unanimous support from the Overton Neighborhood Association (6–0), Zoning Advisory Committee (unanimous), and Planning and Zoning Committee (unanimous). Applicant Ray Roll (NIR Properties) described the project as a gated, customizable car condominium community for collectors, with no VRBOs, Airbnbs, or client-facing businesses. Councilor Moore confirmed traffic access will be controlled. The ordinance was adopted (8–0).
• Zoning Change ZAC2024-00004 (Item 2): First reading on July 9, second reading and public hearing on August 13. This ordinance rezoned 2101 Green Springs Highway from QB-1 to QB-1 (same district) to remove two Q-conditions (restaurant use prohibition and evergreen buffer requirement) and add a Q-condition limiting hours for a food truck operation to 8:00 PM. The zoning administrator clarified the intent: to allow a food truck storage/supply use and replace a failed evergreen buffer with roses. The Glen Iris Neighborhood Association voted 23–0 to support, as did the Zoning Advisory Committee and Planning and Zoning Committee (both unanimous). The applicant’s brother, Mike Bostani, spoke on behalf of owner Judy Zaydon. The ordinance was adopted (8–0).
• Right-of-Way Vacation SUB2024-00055 (Item 74): A resolution setting a public hearing for September 10, 2024, to consider vacating 62,547 square feet of right-of-way at 1021 and 1051 Sydney Drive, requested by United States Steel Corporation and Jefferson County. The resolution was adopted (8–0).
• Liquor License for Dave’s Pub (Item 75): A resolution approving an On and Off Premise Lounge Retail Liquor Class I License for Southside Ventures LLC at 1128 20th Street South, deferred from July 30, 2024. After an executive session (10:31–11:10 AM) to discuss legal ramifications of pending litigation, the council voted 6–1 (Moore opposed) to approve, conditioned on obtaining a certificate of occupancy within 90 days.

Key Outcomes

• Consent Agenda approved (7–0) with the removal of Item 67 (demolition at 420 Oporto Madrid Blvd S), which was deferred for four weeks after a property representative raised litigation and constitutional concerns.
• Zoning Ordinance ZAC2024-00003 adopted (8–0) to rezone property for a 105-unit car condominium development near Barber Motorsports Park.
• Zoning Ordinance ZAC2024-00004 adopted (8–0) to modify Q-conditions on a Green Springs Highway property, removing a restaurant use restriction and evergreen buffer requirement, and adding an 8:00 PM operating hour limit for food truck use.
• Right-of-Way Vacation Resolution (Item 74) adopted (8–0), scheduling a public hearing for September 10, 2024.
• Liquor License for Dave’s Pub (Item 75) approved (6–1) after executive session, conditioned on certificate of occupancy within 90 days.
• Executive Session held from approximately 10:31 AM to 11:10 AM to discuss pending litigation (Ala. Code § 36-25A-7(3)).