Birmingham City Council Regular Meeting – September 10, 2024

The Birmingham City Council met on Tuesday, September 10, 2024, at 9:30 AM in the Council Chambers. The pre-council meeting was not held due to lack of a quorum. The meeting included public hearings on an automated car wash appeal and a show cause hearing for a nightclub, along with numerous consent agenda items. Councilmembers Clarke and Williams were absent.

Consent Calendar

• The consent agenda was approved with two items removed: Item 19 (Cornerstone Revitalization Foundation – $370,000 for District 8 housing rehabilitation) and Item 52 (purchase of traffic counting software for $10,211). Both removed items were subsequently approved separately.
• The consent agenda included over 50 resolutions covering nuisance abatements, inoperable vehicle removals, right-of-way vacation, contract awards (e.g., weed abatement, asbestos abatement, UAB football ticket purchase up to $175,000 for 1,200 tickets per home game), grant applications (HUD $1M for Ensley Works masterplan; EDPA $2M for site assessment with 1:1 City match), settlement approvals (Calvin Bowman $45,000; USAA $16,811.34), and expense accounts for city officials.

Public Comments & Testimony

• Car Wash Appeal (Item 1): Paul Godby, President of the South Side Neighborhood Association, opposed the car wash citing traffic safety concerns, high accident rates, and incompatibility with downtown walkability goals.
• Quest Club Hearing (Item 2): Multiple neighboring business representatives testified against the club, describing habitual disturbances, weapons, shell casings, and fear for employee safety. One speaker, a former employee, criticized ownership and management. Paul Godby also spoke, noting community complaints after the May homicide.

Discussion Items

• Item 1 – Appeal by LIV Development, LLC for Automated Car Wash at 2310-2316 8th Avenue South: Tom Space, president of LIV Development, presented plans for a New Day Car Wash, emphasizing local ownership, full-time employment, and a membership model. He noted the property, a vacant former insurance office, had been under contract since December 2023. James Fowler, Director of Transportation, opposed the location, stating downtown should prioritize walkability and public transit, not auto-oriented uses. Katrina Thomas, Director of Planning, Engineering and Permits, confirmed the area is undergoing rezoning to Mixed Use-High, which does not allow automated car washes. Council debated the appeal; the motion to grant failed 3-3 with one abstention (Moore, Woods, Alexander in favor; Abbott, Tate, O’Quinn opposed; Smitherman abstained). The appeal was denied, and the development remains subject to the car wash moratorium.
• Item 2 – Quest Club Show Cause Hearing: Sergeant Knight of the Business Compliance Unit reported 109 police calls in the past year, including a double homicide in May 2024, robberies, assaults, and fights. He stated that even on the morning of the hearing, plainclothes and uniformed officers entered without being screened, revealing a failure in the security plan. Club representatives (attorney Richard Mock, owner Dan Sparks) acknowledged the lapse, citing a security guard’s family emergency, and described recent investments in cameras and protocols. However, testimony from neighboring businesses highlighted ongoing issues (people sleeping in parking lots, shell casings, fights during daylight). Councilmembers expressed disappointment at the lack of consistent security. Attorney Julie Bernard outlined legal standards for revocation. The council voted unanimously to revoke all business licenses and rescind the prior consent resolutions for the liquor license (Resolution 621-83) and dance permit (Resolution 651-83).
• Item 15 – Vacation of Right-of-Way for Sydney Drive: A resolution to vacate 62,547 square feet of right-of-way for U.S. Steel Corporation and Jefferson County to consolidate property at 1021 and 1051 Sydney Drive. The vacation fee of $28,563.13 was waived through a separate resolution (Item 16). Approved without discussion.
• Mayor’s Communications: Mayor Woodfin announced the launch of Phase 2 of the recycling program (4,500 new bins, pickup on first and third Wednesdays), the sale of Magic City Classic tailgate spots beginning September 12, and a proclamation honoring the Birmingham Land Bank Authority’s 10th anniversary.
• Other Resolutions: The council approved a $370,000 agreement with Cornerstone Revitalization Foundation for up to 13 housing repairs in District 8 (Councilmember Alexander abstained). Also approved: a $25,000 sponsorship for the Food+Culture Festival (September 19-22), a $75,000 program with Nurture of Alabama for student athletes at Huffman High School, and membership dues for the Mayor in the U.S. Conference of Mayors ($13,466 annually for up to three years).

Key Outcomes

• Car Wash Appeal Denied (3-3-1 vote): LIV Development’s application remains subject to the moratorium (Ordinance No. 24-54).
• Quest Club Licenses Revoked (7-0): All business licenses revoked; Resolutions 621-83 and 651-83 rescinded.
• Right-of-Way Vacation Approved (Item 15, voice vote).
• Consent Agenda Adopted with two items removed and separately passed.
• District 8 Housing Rehab Approved ($370,000 to Cornerstone, with Alexander abstaining).
• Item 17 (demolition of 420 Oporto Madrid Blvd) was withdrawn.
• The meeting adjourned at 12:48 PM.