Birmingham City Council Regular Meeting - May 6, 2025

The Birmingham City Council held its regular meeting on Tuesday, May 6, 2025, at 9:30 a.m. in the City Council Chambers. The pre-council meeting at 9:00 a.m. was not held due to a lack of a quorum. The regular meeting included a consent agenda with numerous routine items, two public hearings on zoning text amendments, several resolutions regarding the Birmingham Water Works Board, and public comments from residents.

Consent Calendar

• Resolutions 718-25 through 721-25: Revoked Certificates of Public Necessity and Convenience for Cline Tours, Inc. (bus service), Mohammad Janjua d/b/a American Cab Service (taxicab), Northstar EMS, Inc. (accessible vehicle), and Acton Limousine, LLC (limousine) for failure to file required liability insurance.
• Resolution 722-25: Approved abatement of nuisances on approximately 100+ properties and assessed costs as liens.
• Resolution 723-25: Authorized an agreement with East Lake United Methodist Church, Inc. for facilities for the South East Lake Neighborhood Association (not to exceed $1,000).
• Resolution 724-25: Authorized agreement with Excel Driver Services, LLC (Sim-Tech) for software/hardware upgrades for Birmingham Fire and Rescue Service's driver simulator trailer (not to exceed $148,000).
• Resolution 725-25: Authorized second amendment to SaaS agreement with Tyler Technologies, LLC for CAD data transfer (not to exceed $37,000).
• Resolution 726-25: Authorized allocation of $2,000 to support after-school programs at Avondale Elementary School from Highland Park Neighborhood Association funds.
• Resolution 727-25: Authorized purchase of one portable announcement sign for Pine Knoll Vista Neighborhood Association (not to exceed $800).
• Resolution 728-25: Authorized purchase of three collapsible meeting signs for Oak Ridge Park Neighborhood Association (not to exceed $1,000).
• Resolution 729-25: Authorized $300 for disk jockey services for Grasselli Community Fun Day.
• Resolution 730-25: Authorized settlement of an auto insurance claim for $20,707.78.
• Resolutions 731-25 through 751-25: Declared various buildings as public nuisances and ordered demolition.
• Resolution 752-25: Accepted bid from DEX Imaging of Alabama for wide-format printers.
• Resolution 753-25: Accepted bid from B&H Foto and Electronics for audio-visual equipment.
• Resolutions 754-25 and 755-25: Accepted bids from Magic City Moonwalks and Party Rentals and Party Source Outlet for carnival equipment.
• Resolutions 756-25 through 762-25: Approved various payments (including Amazon purchases, electrical supplies, Jefferson County Emergency Management dues, fencing services, and hand trucks).
• Resolutions 763-25, 764-25, 765-25: Approved advanced and itemized expense accounts for elected officials and city employees.
• Item 8 (Resolution 770-25): Approved payment to Adorama, Inc. in the amount of $11,545.84 for camera and audio-visual equipment for the City Council (reduced from previous amount). Passed.
• Item 9: Withdrawn.
• Item 47 (Resolution 759-25): Deferred for one week.

All consent items were adopted unanimously (9-0).

Public Comments & Testimony

The following individuals addressed the council:

• Jerome Jones (1301 Monroe Avenue SW): Expressed concerns about living conditions at the Four Winds West apartments, including unaddressed maintenance issues such as rodents, bed bugs, inoperable elevators, lack of stoves, and water termination threats. He requested city intervention but was informed that landlord-tenant disputes are governed by state law, limiting municipal action. Councilmember Smitherman offered to discuss alternative avenues.
• Cynthia Turner (626 20th Avenue NE): Requested follow-up on a creek and ditch maintenance claim (claim no. 21008536) and suggested that citizen speakers be moved to the beginning of the agenda for better accessibility. She also noted that seniors struggled with the new parking meter app and asked for assistance.
• Janie Spencer (4142 Crescent Road): Thanked the council for approving the demolition of an abandoned house at 4130 Crescent Road, which had posed fire and safety risks. Councilmember Abbott acknowledged the delay and apologized.
• Rickey Green (1001 20th Street South): Did not appear when called.

Discussion Items

Zoning Text Amendment – Automated Car Wash and Temporary Parking Lots (Item 1) Kim Sperl (City Zoning Administrator) presented the amendment to add a condition that no automated car wash shall be permitted when adjacent to any residentially zoned property. The amendment also created a new special exception use for temporary parking lots accessory to amphitheaters (9,000+ seats) or stadiums/arenas (25,000+ seats), with nine conditions including one-year limit, no overnight parking, and stormwater management. Brian Wolf (CR Endeavors) expressed support. The ordinance passed unanimously.

Zoning Text Amendment – New Open Space Districts (Item 2) Kim Sperl and Jess Mays introduced three new zoning districts: OS-NG (Open Space Neighborhood and Greenway), OS-RP (Open Space Regional Park), and OS-NA (Open Space Natural Areas). These districts are intended to protect parks, conservation areas, and floodplain buyouts, moving them from single-family residential zoning to dedicated open space classifications. Councilmember Moore noted this would prevent future residential development on such lands. The ordinance passed unanimously.

Resolutions on Birmingham Water Works Board (Items 56, 57, 58)

• Resolution 767-25 (Item 56): Expressed strong opposition to SB330, which would restructure the Birmingham Water Works Board, reducing Birmingham's appointments. The council condemned the legislation as an overreach and authorized the Mayor and City Attorney to take legal action. Adopted unanimously.
• Resolution 768-25 (Item 57): Authorized the Mayor to execute a purchase and sale agreement with the Birmingham Water Works Board to acquire the water system for $1.00 plus bond defeasance and assumption of contracts. Adopted unanimously after executive session.
• Resolution 769-25 (Item 58): Authorized hiring attorney Calvin Grigsby as outside counsel for civil litigation related to SB330, with a fee not to exceed $95,000. Adopted unanimously after executive session.

Public Hearing on Automated Car Wash Moratorium (Resolution 766-25) Set a public hearing for May 20, 2025, to consider extending the temporary moratorium on automated car washes. Adopted unanimously.

Resolution of Sympathy for Officer Marlone Moore Introduced by Councilmember Alexander and adopted unanimously with a moment of silence.

Executive Session The council entered executive session at approximately 10:53 a.m. to discuss pending litigation regarding SB330 and the water works. Reconvened at 11:46 a.m. with Councilmember Abbott absent. Resolutions 57 and 58 were then adopted.

Key Outcomes

• Consent Agenda: All 50+ items approved unanimously, including nuisance abatements, demolitions, purchase approvals, and expense accounts.
• Zoning Amendments: Two ordinances adopted (automated car wash conditions and temporary parking lot special exception; new open space districts).
• Water Works Resolutions: Three resolutions passed unanimously: expressing opposition to SB330, authorizing purchase of the water system from the board for $1.00 plus bond payments, and hiring outside counsel for litigation.
• Public Hearing: Scheduled for May 20, 2025, on extending the automated car wash moratorium.
• Deferrals: Item 47 (drone purchase for police) deferred to May 13, 2025. Item 9 withdrawn.
• Item 8: Approved at reduced amount.
• Expense Accounts: Approved for multiple employees and elected officials for travel and training.