OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Birmingham City Council Regular Meeting - March 3, 2026

City CouncilTuesday, March 3, 2026
BodyBirmingham, Alabama
SessionCity Council
DateTuesday, March 3, 2026
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
9:49

Good morning, Birmingham.

9:52

Today is Tuesday, March third.

9:54

The time is nine thirty four AM.

9:56

I call to order the regular meeting of the Birmingham City Council.

10:00

Today's invocation will be led by Bishop Gregory Mullins, senior pastor of the Abraham Nest of Love Christian Church in Birmingham, Alabama.

10:09

And our Pledge of Allegiance will be led by Councillor Pro Tim Latanya Tate.

10:13

If you're willing and able, please stand and join us.

10:17

And Pastor Mullins, you just push that little oh, it's on for you.

10:20

Thank you.

10:25

I think we're ready.

10:28

Let us pray.

10:29

Dear God, our Father, we thank you for another opportunity to assemble together, God, as leaders of this city to come, God, to make things happen the way that you desire for them to happen.

10:43

God, we pray now for all of our leaders in this city, God, just not this city, but around our nation, that you keep us, lead us, guide us, and direct us right now, God, in the name of Jesus.

10:53

We thank you for this great city of Birmingham and all the things that are happening.

10:57

And we're praying now for uh mayor uh councils, God, and all of our leaders of the city uh that things uh happen will happen in and in your direction the way that you would have them to go.

11:09

Lord bless each and every one of them, give them wisdom, knowledge, and understanding right now, God.

11:13

Uh Lord, we ask right now that you just not allow us to just make good decisions but God decisions and every decision that is made that it would benefit your people.

11:23

Lord, we ask you that you will cover our city right now, bind every enemy that comes against it right now, and God let us walk in your will and in your way, and let this day's session, God, be remarkable.

11:35

God, let it be commendable in the name of Jesus.

11:39

Allow this leadership team to collaborate and communicate on all the things that they need to work together on to move this city forward continuously.

11:47

God, this we ask in Jesus' name and for his sake, we pray, amen.

11:55

To the flag of the United States of America and to a republic for witness, one nation under God, indivisible with liberty and justice for all.

12:09

Thank you very much, Bishop Mullins, for that thoughtful prayer, and thank you, Councilor Pro Tate for leading us in the pledge.

12:15

Good morning, Mr.

12:16

Clerk.

12:17

Morning.

12:17

If you'll call the role, please.

12:19

Councilmember Gunn.

12:20

Good morning.

12:20

Morning, sir.

12:21

Councilmember O'Quinn.

12:23

Good morning.

12:24

Councilmember Smith.

12:26

Councilmember Smithman.

12:27

Morning.

12:28

Councilmember Vasa.

12:30

Morning.

12:30

Councilmember Williams.

12:32

Councilmember Woods.

12:34

Good morning.

12:34

Council President Pro Tim Tate.

12:36

Morning.

12:37

Good morning.

12:37

Council President Alexander.

12:40

President, thank you.

12:42

At this time, we have communications from the mayor.

12:57

Good morning.

12:58

Madam President, good morning to you.

13:00

Good morning to the entire council.

13:02

It's good to see each of you this morning.

13:04

Morning to the general public as well as those in the audience this morning.

13:15

We know the Dragons are one of four teams competing for the 5A Boys Basketball State Championship.

13:21

They're the only Birmingham City school, and under the legendary head coach Cedric Lane, the team returns.

13:27

They return to the final four for the second consecutive year.

13:40

You can get your tickets at Ticketmasters.com, but I expect to see you there personally as well as some of your colleagues and those supporting Birmingham City Schools.

13:52

As you know, March is women's history month.

13:55

We continue with our strong her campaign each month, each March during Women's History Month.

14:01

Birmingham celebrates unsung women through its strongher storytelling campaign.

14:08

This year's theme is Strong Her, Golden Girls Edition.

14:12

Spotlighting women 60 plus who live, work and or volunteer in our city.

14:18

Follow their stories on the city's Facebook page.

14:21

And a special thank you.

14:34

Also, you know, we continue with the Academy of Civic Engagement.

14:38

You may know it as ACE again, the Academy of Civic Engagement.

14:43

Since 2019, ACE has equipped more than 1400 of our city residents with a deeper understanding of local government, producing neighborhood leaders and active community participants.

14:56

Applications are now open for the 2026 class, which launches next month, April 9th.

15:02

Participants gain direct exposure to city operations, leadership, and again civic engagement.

15:10

In addition to the annual ACE classes, new this year is COTACE, that's C O D E.

15:17

It has a focus for tracking on code enforcement and public works.

15:22

Code H launches this month, actually this Thursday, March 5th, with weekly sessions every Thursday in March from 5.30 p.m.

15:31

to 6 30 p.m.

15:33

at the Birmingham Public Library Central Branch, which is located downtown.

15:38

Sessions connect residents directly with the city's departments, keeping neighborhoods safe and vibrant.

15:44

And to learn more about both or have questions, you can go to Ace at Birmingham AL.gov.

15:52

Again, that's Ace at Birmingham AL.gov, or you can go to Birmingham AL.gov slash Ace, which is the website.

16:02

At this time, I would like to invite Demetria Harris with the Department of Human Resources to come forth and tell us more about the upcoming blood tribe the City of Birmingham is hosted for our city employees.

16:20

Good morning, Council, Pro Tim, Mayor, Citizens of Birmingham.

16:26

My name is Demetria Harris, and I proudly serve as the marketing and branding coordinator in the Department of Human Resources.

16:34

I also serve as the City of Birmingham's blood program leader in partnership with the American Red Cross.

16:40

I am here today to invite each and every one of you to join us for the City of Birmingham's first blood drive of the year occurring tomorrow, Wednesday, March 4th, at the Batwell Auditorium from 11 30 to 4 30 p.m.

16:55

If you have not had the opportunity to pre-register, there are no worries.

16:58

We are accepting walk-ups and the blood drive is open to the public.

17:03

So please feel free to invite your constituents.

17:06

Blood donation is very critical.

17:08

Every two seconds, someone in the United States needs blood, yet only about 3% of eligible individuals donate each year.

17:17

One single pint of blood can save up to three lives, and the blood collected is used right here locally in hospitals like UAB.

17:25

In 2023 and 2024, Birmingham was named as a premier partner.

17:30

So in 2026, we would like to bring that back to Birmingham.

17:34

It's not about accolades, it's about letting the world know that Birmingham saves lives.

17:39

If you would like to donate and you have not registered, I encourage you to eat a healthy meal the morning of nursing staff will be on deck to let you know through pre-screening if you are eligible to donate.

17:51

Those who show up to the drive and make it through pre-screening will receive a $15 gift card.

17:57

It is redeemable by cash or through a storefront that the American Red Cross partners with.

18:03

All you need to bring is your photo ID and a good thing.

18:06

I hope to see many of you tomorrow on March 4th.

18:10

Thank you for your time and your support.

18:13

Thank you so much.

18:14

We're very excited that the City of Birmingham is hosting this blood drive, and we're hoping that all employees and residents will come and give.

18:21

I hope so too.

18:22

Thank you.

18:27

Thank you, Miss Harris.

18:30

Madam President and City Council, at this time, I would like to ask Bernetta Woodbury, who is a project manager for Brassville and Gorey, as well as any guests she may have with her to please join me at the podium at this time.

18:44

As they come forth in the month of women's history, it's also we celebrate Women in Construction Week.

18:56

So we get a chance to see Ms.

18:58

Woodbury and her crew every year and acknowledge these women in construction.

19:03

The Greater Birmingham chapter of the National Association of Women in Construction, NAWIC, which I think I got right.

19:10

Yes, sir.

19:10

Yes.

19:11

Has served as a voice of women in construction in the Greater Birmingham area for more than 58 years.

19:19

The week of March 2nd through the 8th of 2026 marks the 26th annual women in construction week.

19:26

And so today, what we would like to do is honor these very powerful and strong women with the special proclamation that we'll read in part.

20:00

And whereas WIC week gives Nawick thousands of national members a platform to highlight opportunities for women in construction and underscore their expanding influence and contributions to the industry.

20:09

Now therefore, I Randall L.

20:11

Whitman, mayor of the City of Birmingham, along with the Birmingham City Council, to hereby proclaim the week of March 2nd through the 8th, 2026 as Women and Construction Week in the City of Birmingham and call upon all residents to honor the contributions of women in construction and support NAWIC's mission to empower and elevate women in the industry.

20:32

And at this time, I would like to ask Ms.

20:35

Woodbury to share a few words.

20:38

First of all, thank you all so much for having us come every single year and support women in Construction Week.

20:44

We really appreciate all the support you guys support, um, all the support you guys provide us.

20:49

I will mention a couple of events we have going on this week.

20:52

One event is taking place this afternoon.

20:54

It is the um Ace Trade Show, where we're bringing students across the um Metropolitan Birmingham to come to an event at the workforce training and to get an opportunity to learn about construction trades.

21:05

We're expecting about 15200 kids.

21:08

We also have a job site tour scheduled for our RPI office site, which will take place tomorrow around lunchtime, and then we're also planning to give back to the community on Friday with a habitat bill.

21:19

You can find any information about all the events that we have going on at Mayweek Birmingham.com.

21:25

So um hopefully we can see everybody there.

21:28

And if you can't participate, you also can wear red throughout the week.

21:31

So once again, thank you guys so much for your support as you guys support us every single year.

21:35

Thank you.

21:49

Thank you all so much.

21:52

A few more notes, Madam President and Council at this time.

22:02

She doesn't even know this, um, Crystal Smitherman to the podium.

22:07

But also joining her, I would like to invite the City of Birmingham employees who are members of the Delta Delta Sigma Theta Sorority Incorporated to come to the podium.

22:25

Madam President and Council, as they come up, these strong women you see here are not only the women of Delta Sigma Theta Sorority Incorporated, but they have served Birmingham in a very in some invisible ways and some in quiet ways.

22:43

Um but they are all Birmingham City employees.

22:46

In addition to that, they tutor students, they feed families, they mentor other young women, and they steady the city, make sure the ship is headed in the right direction as it relates to our progress.

23:02

Those who serve in the city's workforce bring the same spirit of service to work here every day.

23:08

And so at this time, I think it's for me an honor to read a proclamation in part to honor them as they celebrate Sisterhood Month.

23:18

The States where Sisterhood is one of the most powerful forces for good, a community can have.

23:24

The encouragement before a big moment, the grace after a hard day, and the understanding that no one is alone.

23:33

Delta Sigma Thetis were already incorporated as cultivated that sisterhood for generations, and Birmingham is better for it.

23:41

Now, therefore, I Randall L.

23:42

Whitfan, mayor of the City of Birmingham, along with the Birmingham City Council, do hereby proclaim March 2026 as Sisterhood Month in honor of Delta Sigma Theta Sorority Incorporated and encourage every resident to recognize the women who have given so much of themselves.

24:01

Birmingham sees you.

24:05

And Birmingham is proud to call you its own.

24:08

Thank you, ladies, so much.

24:20

Thank you so much.

24:20

Thank you, Mayor Whitman.

24:22

At this time, Mr.

24:23

Clerk, do we have announcements of board and agency explorations for April?

24:28

Yes, ma'am.

24:29

Um starting with the downtown redevelopment authority.

24:32

We have Darrell Ward.

24:34

Uh term expires April the 8th, 2026.

24:38

It is a six-year term.

24:41

And it is under the Economic Development and Tourism Committee.

24:44

We also have Joe Ayers, the same expiration date of 4826, also a six-year term.

24:51

And again, economic development and tourism committee.

24:54

All right, thank you.

24:55

One more.

24:55

I'm sorry.

24:56

I'm sorry.

24:57

Industrial Development Board.

25:00

We have Reginald Coleman, Vanessa Falls, and Carlos Barona.

25:03

Reginald Coleman term expires 14, 2026, a six-year term.

25:09

Vanessa Falls expires for uh A26, a six-year term, and Carlos Morona expires 410, 2026, and it is also a six-year term, and it is under the economic development and tourism committee as well.

25:24

Thank you for those announcements, and we'll make note of that and turn that over to the Economic Development and Tourism Committee.

25:30

Thank you very much.

25:32

At this time, before we consider the consent items, I'd like to read our order of business regarding consent agenda.

25:39

All items designated as consent are considered to be routine and non-controversial and will be approved by one motion.

25:47

No separate discussion of these items will be permitted unless a council member, the mayor, or citizen interested in a public hearing so request.

25:57

If so, such items will revert to its normal place on the agenda order business.

26:02

All matters of permanent operation, they're indicated with a capital P on the agenda, will be read.

26:08

All other matters will be announced by reading the item number only.

26:13

All public hearings will be announced.

26:15

At this time, Mr.

26:16

Clerk, would you read the items that are being considered for consent?

26:24

Yes.

26:32

Page three, item four, page four, item five.

26:37

Please note on item five.

26:40

Page seven, item number one twenty-five should be withdrawn.

26:44

That's page seven, item 125.

26:48

And we'll pick back up with the consent agenda.

26:53

Um let's see.

26:58

Yeah.

27:01

Apologize.

27:05

Page 15, items six and seven are on consent.

27:11

Page 22, item eight is on consent.

27:15

Page 24, item nine is on consent.

27:20

And then we skip over to page 31.

27:25

Items 14, 15, and 16 are on consent.

27:28

Page 32, items 17, 18, and 19 are on consent.

27:34

Page 33, items 20, 21, and 22 are on consent.

27:38

Page 34.

27:40

Items 23, 24, 25, and 26 are on consent.

27:44

Page 35.

27:46

Items 27, 28, 29, and 30 are on consent.

27:50

Page 36, items 31, 32, 33, 34, 35, and 36 are on consent.

27:57

Please note that on item 34 should be a correction.

28:01

Council of Vasa, of course, is not an assistant.

28:04

It should be the counselor.

28:05

So strike that language and put counselor behind it on your attachment.

28:10

And page 37, item number 37 is on consent, and that concludes the consent agenda.

28:16

We have one addendum item.

28:17

All right, thank you.

28:19

Counselors, at this time, at this time, are there any items you'd like to have added or removed from consent?

28:24

Council of Pro Tem.

28:26

Thank you, Madam President.

28:27

I'd like to add item 40 to consent, please.

28:31

All right, counselors.

28:31

It's an addendum item we have before us, and it's been requested to add to consent.

28:37

Thank you, Madam Pro Tem.

28:39

Counselor Smithman.

28:40

Yes, ma'am.

28:41

Um, can we remove items 14, 15, and 18 off consent?

28:49

Okay, the request is to remove items 14 and 15 on page 31.

28:53

Yes, sorry, and then page item 18 on page 32.

28:57

And item 18 on page 32.

29:02

Any other items?

29:05

All right, at this time, counselors will entertain a motion and a second for the consent agenda.

29:10

So moved.

29:20

All right.

29:21

Uh voting should be open right about now.

29:28

Oh, I'm sorry, I got uh council Smith.

29:30

I got you asking, but how would you like to vote?

29:33

All right, and Councillor Williams.

29:35

Thank you, sir.

29:36

Yes.

29:36

President Alexander.

29:38

Aye.

29:38

All right, that vote should be up.

29:45

That vote should be up, Madam President.

29:52

The vote was unanimous.

29:54

Thank you.

29:55

At this time, all the items that were considered for consent and the additional item that was added, those that we uh did not remove, all of those items have been approved.

30:00

Those that we uh did not remove, all of those items have been approved.

30:04

If you're here for any of those items that were listed as consent, they have been approved, and we'll continue with the rest of our agenda.

30:10

Mr.

30:11

Clerk, I would like to go out of order and counselors, if you would allow me, we'll go out of order of the agenda.

30:17

And I'd like to bring up the items of permanent operation and go in that order, and then we'll go back to the rest of the agenda.

30:26

And also the other items that were pulled off consent.

30:31

I'd like to start with those.

30:32

So if we could start with that first item number 10 on page 29.

30:36

Okay.

30:38

Item 10.

30:44

And ordinance authorizing the mayor to enter into a one-year agreement between the city of Birmingham and the Birmingham Emergency Communication District pursuant to Section 11-98-4.

30:56

Code of Alabama, Act No.

30:57

1969-916 to define responsibilities of the city and Birmingham 911 related replacement of old portable radios with new Motorola portable radios to be used by BPD and BFRS, including programming of the new portable radios.

31:14

Birmingham 911 has the technical expertise to program the city's new portable radios and intends to provide these services to the city at no cost to the city, resulting in cost savings to the city of approximately $300,000.

31:28

This is an item of permanent operation.

31:30

I need UC to pass it today.

31:32

Second.

31:32

Councilor Gunn.

31:34

Aye.

31:34

Councilor O'Quinn.

31:36

Councilor Smith.

31:37

Councilor Smithman.

31:38

Councillor Vassa.

31:40

Council Williams.

31:41

Aye.

31:41

Councilor Woods.

31:42

Aye.

31:43

Council President Pro Tim Tate.

31:45

Aye.

31:45

Council President Alexander.

31:46

Aye.

31:47

Motion on the item, please.

31:49

Second.

31:49

Item is before you.

31:50

All right.

31:50

Thank you, Councillors.

31:52

This is an ordinance authorizing us to enter to one year agreement between the City of Birmingham and the Birmingham Emergency Communications District, which is Birmingham 911.

32:02

Any questions or discussion needed on that item?

32:05

We're ready for the vote.

32:07

Voting should be open.

32:12

And I'll vote aye.

32:13

Yes, ma'am.

32:14

That vote should be up.

32:23

It was unanimous.

32:25

All right, thank you.

32:27

Item 10 passes.

32:28

Next item.

32:29

The item 11.

32:31

An ordinance approving and authorizing the mayor to execute certain documents in connection with the choice neighborhoods legacy at Greymont project to include a second amended and restated ground lease with the veranda at Greymont School LP and assignment assumption and modification agreement with the Magic City Housing Development Corporation.

32:51

Ferrando Graymont School LP, a rental assistant demonstration use agreement with the United States Department of Housing and Urban Development.

33:00

Veranda at the Greymont School LP and the Housing Authority of the Birmingham District.

33:05

A choice neighborhoods implementation grant program, declaration of restrictive covenants, a ground lesser stoppable certificate, a launch to forgivable loan and promissory note and other routine certificates, instruments, and documents related to this transaction.

33:22

Again, is it an item of item of permanent operation?

33:24

I need you to see.

33:26

Second.

33:26

Councilmember Gunn.

33:27

Councilmember O'Quinn.

33:29

Councilmember Smith.

33:30

Councilmember Smithman.

33:31

Aye.

33:32

Council Member Vassa.

33:34

Councilmember Williams.

33:35

Councilmember Woods.

33:36

Aye.

33:37

President Pro Tim Tate.

33:38

Aye.

33:38

Council President Alexander.

33:40

Aye.

33:40

Motion, please.

33:42

Second.

33:43

Item is before you.

33:44

All right.

33:45

Thank you, Councillors.

33:46

This is an ordinance approving and authorizing the mayor to execute certain documents in connection with our choice neighborhoods.

33:52

Legacy at Greymont project.

33:55

This item was uh recommended by the mayor and approved by budget and finance.

33:59

Are there any questions or do we need another review of these particular items?

34:04

Believe they've been presented to us since committee of the whole and budget and finance.

34:09

All right, at this time we're ready for the vote.

34:11

Okay, one second, please.

34:14

Got moving the second right.

34:18

All right, voting should be open right about now.

34:27

All right, that vote is unanimous.

34:29

Perfect.

34:29

All right, this item passes.

34:31

Thank you very much.

34:33

Next item.

34:34

Go to item 12.

34:36

Item 12.

34:37

An ordinance approving and authorizing the mayor to enter into a redevelopment agreement.

34:43

LAVIR Practic PC, under which Levi Chiropractic PC will undertake a redevelopment project to refurbish and restore property located at 2505 31st Avenue North, formerly known as Family Dollar and the adjacent lot located at 2509 31st Avenue North to establish a new chiropractic center, which will result in the creation of eight to twelve new jobs.

35:08

The city has agreed to make the property available to the developer at a price of 100,000 pursuant to amendment number 772.

35:16

Item of permanent operation again.

35:19

So move.

35:20

Thank you.

35:20

Councilmember Gunn.

35:22

Councilmember O'Quinn.

35:23

Council Member Smith.

35:25

Councilmember Smithman.

35:26

Council Member Vassa.

35:28

Councilmember Williams.

35:29

Councilmember Woods.

35:31

President Pro Temp Tate.

35:33

Council President Alexander Motion, please.

35:36

Thank you.

35:37

Item is before you.

35:38

All right, Councillors.

35:39

This is an ordinance approving and authorizing the mayor to enter into a redevelopment agreement with La V Chiropractic PC.

35:46

This item was recommended by the mayor.

35:48

It's already been approved by the budget and finance and the economic development tourism committees.

35:53

Any questions about this item?

35:55

We're ready for the vote.

36:04

All right, that vote should be up.

36:05

All right, thank you.

36:06

That item passes.

36:07

Next item.

36:08

Item 13.

36:10

An ordinance authorizing the mayor upon receipt of payment in the amount of $5,476.

36:17

To execute a quick claim deed.

36:20

So variable properties, LLC for the sale of property legally described as beginning at Southeast Intersection of 12th Avenue North and 29th Street North.

36:29

Northeast 110 feet or Southeast 60 feet, southwest of 110 feet, northwest, 60 feet.

36:36

It's approbate mean part of lots three and four, block 641, Birmingham is recorded in the map book 800, map page one in the office of the judge approbate of Jefferson County, Alabama, and located at 1131 29th Street North Birmingham, Alabama 35234, which was acquired by the city upon foreclosure municipal improvement leads.

37:05

Councilmember Gunn.

37:06

Councilmember O'Quinn.

37:08

Councilmember Smith.

37:09

Council Member Smithman.

37:11

Councilmember Vasa.

37:12

Councilmember Williams.

37:14

Council Member Woods.

37:15

President Pro Tim Tate.

37:17

Council President Alexander.

37:18

Aye.

37:19

All right.

37:19

Motion, please.

37:21

All right, Councillors.

37:22

This is an ordinance authorizing the mayor upon receipt of payment to execute a quick quick claim deed for property.

37:29

This item was recommended, submitted by the city attorney and recommended by the director of finance.

37:34

Do you need any information or have any questions regarding this item?

37:38

We're ready for the vote.

37:40

Voting should be open.

37:48

That vote should be up.

37:49

All right, thank you.

37:50

Item 13 passes.

37:52

Mr.

37:53

Clerk, I'd like to ask if you consider reading items 14, 15, and 18 together.

38:00

They're all under the reinvest program.

38:03

Thank you.

38:04

Item 14.

38:05

A resolution authorizing the mayor to execute an agreement with child care resources incorporated under which child care resources will serve as part of the reinvest Birmingham Initiative to strengthen reliable access to high quality affordable child care by supporting existing child care providers and individuals interested in starting child care businesses within the service area pursuant to amendment number 772.

38:29

In terms of the U.S.

38:30

Department of Commerce, Economic Development Administration Distressed Area Recompete.

38:35

Pilot Award Sub Award Grant in an amount not to exceed 644,784 for a term ending on or before September the 30th, 2029.

38:46

Item 15.

38:49

A resolution authorizing the mayor to execute an agreement with the Birmingham Promise under which Birmingham Promise will serve as part of the reinvestment Birmingham Initiative, strengthening the cradle to career talent pipeline as a core strategy to ensure Birmingham residents beginning as early as high school have equitable access to high quality industry aligned workforce opportunities.

39:11

Birmingham promise will expand its work-based learning and apprenticeship exploration program with the Birmingham Board of Education, specifically at Jackson Olin High School, pursuant to amendment number 772 in terms of the U.S.

39:25

Department of Commerce Economic Development Administration, distressed area, recompete pilot award sub award grant and an amount not to exceed 400,000 thousand dollars for a term ending on or before September the 30th, 2029.

39:38

And item 18, a resolution authorizing the mayor to extreme execute an agreement with women's foundation of Alabama, under which women's foundation of Alabama will serve as part of the reinvest Birmingham Initiative to address gaps in excess and availability to high quality child care by connecting child care providers with training, technical assistance, and financial resources to start maintain and grow sustainable child care programs, thereby increasing the number of child care seats available pursuant to amendment number 772 in terms of the U.S.

40:14

Department of Commerce Economic Development Administration Distress Area Recompete Pilot Awards Subaward Grant and an amount not to receive $2,207,650 for a term ending on or before September the 30th, 2029.

40:33

All right, thank you.

40:34

Councillor Smithman, you asked that these items be pulled.

40:38

Yes, um, just a short presentation on the items.

40:42

I was really impressed hearing about your budget and finance, especially um it's it's just I'm I'm really excited about this.

40:50

I think this is a great opportunity for entrepreneurs for our preschoolers, you know, all around.

40:56

Yeah, absolutely.

40:57

Good morning, council uh Coriate House.

40:59

I serve as the director of the Department of Innovation and Economic Opportunity, and with me I have excuse me, uh Archie Stewart, who serves as the reinvest uh plan officer who is managing the 20 million dollar grant.

41:11

And so she's gonna walk through a short presentation on each one of the items that we have here today, and more than happy to answer any questions.

41:18

Thank you.

41:19

Morning, Ms.

41:20

Stewart.

41:21

Good morning.

41:22

How are y'all doing?

41:23

Good, thank you.

41:24

So again, as Director Hauser said, my name is Archie Stewart, and I proudly serve as the re-invest plan officer for the city of Birmingham.

41:31

Um, specifically considering Birmingham Promise, um, Birmingham Promise is charged to serve um specifically Jackson Olin High School students with internship opportunities as well as work-based learning opportunities as well.

41:46

Um, under the grant, uh, our primary activities are to close the prime age um employment gap.

41:53

However, we feel like the greatest um the greatest way to address a solution for this is also to target the pipeline of the youth that will soon fall into the prime age, which is 25 to 54.

42:07

Um Birmingham Promise, like I said, is charged to provide 60 internships to Jackson Olin High School students and also contribute to serving as a partner with 200 students being served through work-based learning.

42:22

They will also um this will also fund a career coach, specifically seated at Jackson Olin High School to um to assist with recruitment as well as work-based learning and internship placements as well.

42:37

Thank you.

42:38

Any questions regarding this item?

42:41

All right, are we just doing item by item?

42:44

I can would you like for me to also speak to Women's Foundation as well?

42:47

Yes.

42:51

So Women's Foundation falls under the child care component for reinvest Birmingham.

42:57

Women's Foundation is charged to serve um 10 existing businesses, excuse me, 10 existing businesses with capacity grants, as well as 15 new businesses with capacity grants, as well as execute three cohorts over the rest of the period for the grant until 2029 with child care accelerators.

43:19

The purpose for this is to increase technical assistance and capital access to child care businesses, including home-based businesses.

43:29

So this is to increase the workforce and entrepreneurship and child care access for the service area residents.

43:40

Is child care services they're they're doing the same thing as women's foundation, correct?

43:46

So child care resources which was item 14.

43:50

Um they will be they're also under the child care um component, but they will also be providing technical assistance and credentialing for individuals who are interested in becoming child care providers and early learner educators.

44:04

Okay, awesome.

44:05

And I asked this in budget in finance, but uh why was JL selected?

44:10

Yeah, great question.

44:11

So specifically within the grant, um, Jackson Olin High School was selected because they were specifically identified by the EDA, the Economic Development Administration, as well as part of the curriculum that will be delivered to the students is hydroponics, which they have the Academy of Horticulture that's included within their academies that are available at the school, um, as well as with Jackson Olin.

44:33

They will also receive other agri tech um access, and since they are aligned with horticulture and agri tech with their academies, they were deemed the best fit to be supported within the grant.

44:45

Okay, good.

44:46

Um, and once again, I'm happy to see that JL was selected, even though it's not in my district, because I do feel like a lot of times JL doesn't receive the amount of resources that it needs, especially for that side of town.

45:00

So I'm happy to hear that it's really helping every student, every person.

45:04

Um I think Mayor Woodfriend talked about that cradle to career.

45:08

I think I got right this time.

45:09

Um, but you know, it really starts when you start as a baby, and we go into the third grade literacy test and everything, and they start with their findings really in preschool because we've seen a lot of kids go into kindergarten not being able to know how to read, and so they're already behind the eight ball with that.

45:28

And also because I don't think a lot of people realize that we're actually in a child care desert, similar to a food desert where we don't have a lot of good quality child care facilities.

45:40

You know, most people are competing for I forgot the name of the one, it's not too far from here.

45:46

I went there.

45:46

Um, the early learning center.

45:48

Most people are competing for the early learning center, but even if you get in, that still costs, you know, it almost costs as much as a college tuition to go to preschool now.

45:56

So I'm excited to see this, not only for our kids and students, but to help existing and new um entrepreneurs.

46:03

So thank you, madam president.

46:05

Very much any other questions regarding these three items.

46:10

Thank you so much.

46:11

We appreciate you bringing these to our attention and giving us more information.

46:15

At this time, we'll entertain the vote on items 14, 15, and 18.

46:28

Councilmember.

46:31

Okay.

46:32

That vote should be up.

46:34

All right, thank you.

46:35

All three of those items passed.

46:38

We are very appreciative of the services that each of these organ organizations will bring to our community.

46:43

As has already been said, we're in a child care desert, so any help that we can give to residents and everyone for employment or these services would be very good.

46:52

I want to thank all three agencies that were present today, and we appreciate the work that you're going to be doing.

46:57

Thank you so much.

46:59

All right, at this time, Mr.

47:01

Clerk, I believe we had some public hearing items.

47:04

Yes, ma'am, to say we could go ahead and consider those.

47:07

Item 38, a resolution setting a public hearing April the 7th, 2026, to consider the adoption of an ordinance to amend the zoning district map of the City of Birmingham case number ZAC 2025-31.

47:21

Chain zone district boundaries from C2, General Commercial District to Q1, qualified light manufacturing district for a compressed natural gas fueling site for the Birmingham Jefferson County Transit Authority, bus fleet, filed by BJCTA Max, the property owner and Carnell England, Window Architecture PC, the applicant for the property journey located at 943 Forest Dale Boulevard and situated in section 18, a quarter section 4, Township 17, Range 3 West Birmingham 35214.

47:57

Move the item.

48:01

Okay.

48:03

Item is before you.

48:04

All right, thank you.

48:05

Counselors, this is a resolution and setting a public hearing on April 7th to consider adoption of an ordinance to amend the zoning district map of the city of Birmingham.

48:14

Any questions regarding the setting this date?

48:16

We're ready for the vote.

48:22

And absolutely.

48:23

Thank you, Counselors.

48:24

Item 38, we set that public hearing date for April 7th, 2026.

48:29

Next item.

48:58

Motion, please.

49:03

All right.

49:03

At this time, we are setting the public hearing.

49:05

Council Williams, you have a question about setting that date?

49:08

Yeah, I have a question about what we're actually setting on this item.

49:12

Is does this include the property around the airport?

49:17

Um, in terms of what they have uh used as part of the noise abatement properties for zoning.

49:29

Okay.

49:30

Yes, okay.

49:31

The answer was no, it's not in that framework.

49:34

Any other questions?

49:36

Right, we're ready to entertain a motion on setting that public hearing date.

49:50

Oh sorry.

49:53

All right, thank you.

49:54

Item number 39 passes.

49:56

We've set that public hearing date for April 21st, 2026.

50:01

At this time, we'll go back to the items that we uh have not considered.

50:07

I do want to go back for the record and read that the minutes were not ready for January 6, 2026 through February 24th, 2026.

50:20

No action is needed.

50:21

I just wanted to be sure that was put into the record.

50:24

All right, at this time, Mr.

50:26

Clerk, if you'll read item number one.

50:28

Item one in order to consider a temporary suspension on data centers within the city.

50:33

And the hearing of all parties.

50:35

Motion, please.

50:39

Motion.

50:40

Move the item.

50:41

Second.

50:42

All right, thank you.

50:43

At this time, we are holding a public hearing on an ordinance to consider a temporary suspension on data centers.

50:50

I'll turn this over to the chair of the planning and zoning commission to lead us, committee to lead us in our public hearing.

50:59

Thank you, Madam President.

51:01

Um could we have the staff report, please?

51:09

Good morning, council.

51:11

I'm Katrina Thomas, and I have the pleasure of serving as director of the Department of Planning Engineering and Permits.

51:16

And we do have a PowerPoint.

51:30

And while Hunter is pulling that up, I'll go ahead and get started.

51:33

So as you may recall, in January, um, the council held a public hearing on the proposed temporary suspension on new high hyperscale data centers applications.

51:46

And at that time, public comments were received, and those public comments were a part of our official record and informed us as we were conducting research on this on this issue.

51:58

The item was subsequently deferred to the planning and zoning committee, and at that time there were some revisions that were made to the draft moratorium or draft temporary suspension.

52:09

And since January, we are pleased to announce that staff has completed draft permanent zoning amendments and has advanced those amendments on an accelerated timeline so that we can have those permanent guardrails in place as it relates to the land use policy.

52:29

So the purpose just going back, the purpose of that temporary suspension was to um was to maintain the status quo while staff researched and drafted appropriate land use standards for particularly large scale data centers.

52:49

As you know, those hyperscale data center facilities can involve significant infrastructure demands, including energy loads, um, transmission planning, water use, and compatibility considerations.

53:03

And so the goal has been um to ensure that we have very clear and durable zoning guardrails rather than relying on a case-by-case interpretation.

53:13

And so during the planning and zoning committee discussion, the moratorium was revised to exclude um facilities under 20 megawatts, and also um limiting the scope to just large scale hyperscale, large scale hyperscale operations.

53:31

I do want to make a very um critical um clarification as it relates to pending applications that it is important to clarify that the proposed moratorium does not apply to applications already deemed complete.

53:47

So there are two pending applications, those applications have been deemed complete, and the moratorium um would not affect those.

53:55

Under the established zoning principles, the city cannot retroactively apply new regulations to pending applications, but um any amendments to the adopted um any amendments adopted by the council will apply prospectively as it relates to the um the permanent zoning amendments, the draft permanent amendments um does a few things, and like I say that during the public hearing, we heard from the public, we heard comments from the council.

54:23

Um we were informed by the research that we conducted in the case studies, and so clear um clear definitions um are in that draft ordinance as well as um infrastructure and utility considerations, compatibility and siting standards, as well as um some district limitations, and if you want more details about the draft regulations and what all they will entail, Hunter Garrison is here um with the Office of Resiliency and Sustainability to provide more details.

55:00

I also want to very briefly go on to discuss the um the timeline for the tentative the tentative timeline for the land use policy adoption.

55:06

And so this is tentative.

55:10

Like I stated, we have accelerated this time schedule so that we can have those permanent um zoning amendments in place.

55:18

And so we hope to have a planning commission workshop on March 11th and uh public hearing before the Birmingham Planning Commission on March 18th, and um hopefully the planning and zoning committee will have a recommendation from the planning commission at its um regular scheduled meeting on March 24th, and then the council could set a public hearing on March 31st with a final public hearing date on April 28th if that schedule went as scheduled.

55:50

And so um staff role is to really just administer um the adopted regulations consistently and fairly, and we stand ready to implement the council's direction and also answer any technical questions that you may have.

56:04

And attorney Bernard is here as well in case you have any questions about what's before you thank you.

56:13

Um Mr.

56:15

Chairman, yes, sir.

56:18

I apologize.

56:19

I do think the team from the sustainability team should give a little bit more update and or detail on the land use policy adoption.

56:30

Okay, say that again, please.

56:36

Shared with us that if additional information is needed on the land use policy adoption timeline.

56:42

That that presentation can be given in detail from the sustainability team.

56:46

Would like to go ahead and exercise that and give that information.

56:51

That's good for it.

56:54

Thank you.

56:55

So my name is Hunter Garrison.

56:56

I serve as the deputy director of the mayor's office of resilience and sustainability, and I'll just kind of quickly go over the progress that's been made as uh as well as the key considerations that we've taken into account as we've drafted this initial ordinance modification.

57:12

So I I think at a very high level, one way to think of this is yeah, at the turn of the 20th century, we underwent the industrial revolution, right?

57:23

So prior to that, a city or town might have a blacksmith or some small scale output that was crafting those kind of items, right?

57:32

And then we had the industrial revolution and large-scale factories, um, you know, streamlined uh supply chains, all of those things happen, and there was this huge new emerging land use.

57:44

This is a similar thing that's happening in the United States and across the world today.

57:48

Now I'm I'm not comparing a hyperscale data center to a turn of the century factory that's filling, you know, black smoke and all that.

57:57

However, it is something new that our ordinance doesn't currently consider.

58:02

So it's something that we want to plan for in a way that responsibly allows for this type of growth in the city while taking into account you know the the best interest of our community and residents.

58:14

So what we've done as we've crafted this initial ordinance is look at these key considerations that the public is is really concerned about, um, as well as you know, professional planners across our industry.

58:28

And what we're seeing is that those impacts are typically water usage, uh, energy to energy demand and the grid's ability to account for that energy demand, uh, noise impact, and then simply the overall footprint.

58:43

And what we're seeing that communities that have been proactive on this is that if there is a responsible way to allow for this type of development that allows for the city to reap the benefits of this type of development while keeping its residents' uh best interest at heart.

58:59

So that's what we've been doing.

59:00

We've been breaking out those definitions, we've been drafting those initial uh kind of guardrails or safety rails you could think of, so that hopefully when the draft ordinance eventually you know goes through its process, goes to the planning commission, comes back to you that you feel um it's in a place that that does that that achieves those goals.

59:21

So thank you.

59:23

Mr.

59:24

Chairman, uh a question to um professional staff is in front of the council.

59:29

Um what is the recommendation to the administration and the council related to what's before them today?

59:40

So there are a couple of options as it relates to the moratorium.

59:45

As we say it before, the moratorium or temporary suspension was intended to give us time to conduct research so that we could draft regulations.

1:00:00

As stated, we have completed a draft of those regulations and we're ready to go through that policy alignment and go through that policy adoption timeline.

1:00:07

In terms of what's before you, it is the moratorium that is in place.

1:00:17

So you have options to reduce that timeline.

1:00:21

No longer do the temporary suspension due to staff's uh accelerated timeline for the policy adoption, or um you could um send it back to the committee so that you can have the assurance that those uh regulations that we have adopted um meet the needs of the of the public, but the decision is is completely up to you as the council.

1:00:50

Okay.

1:00:51

Just to review the temporary suspension of permitting would only apply to large and hyperscale data centers.

1:01:02

That is that right, and that's based on um power utilization.

1:01:08

Yes, that is correct.

1:01:09

Okay, and what's the what's the the threshold that that's defined in the temporary suspension?

1:01:16

So yeah, uh 20 megawatts, 20 megawatts and below uh would be exempt above 20 megawatts would be uh the suspension would apply to those.

1:01:27

Um and I just learned about megawatts in the last year.

1:01:31

So I know it's not it's not a unit of measure, most people think in, uh, but one megawatt powers approximately 1,000 residential homes.

1:01:39

So that's the easiest way to think of it.

1:01:41

Uh prior to that in the city, we had nothing close to 20 megawatts.

1:01:48

Okay.

1:01:48

Mr.

1:01:49

Chairman?

1:01:49

Yes, sir.

1:01:50

I think in the interest of transparency, we need to continue a few line of questioning.

1:01:55

Um it was mentioned if you can go back to this um slide of I think that it was titled important application.

1:02:08

Um I think this is worth repeating because uh see audience members here who are interested in one of the two sites that are exempt.

1:02:19

Says applications already in a process or review under existing zoning.

1:02:24

The proposed moratorium is not apply retroactively.

1:02:28

Um could you speak to the two organizations?

1:02:30

And I think at this point, since they apply for permits, um, is it fair that we can mention them by name?

1:02:38

And if not, you can tell us Mayor, I can say that there are two applications that we have received for um for a new data center.

1:03:12

Um is expansion of an existing data center, and uh and another one is a new data center applic an application.

1:03:20

Those applications have been received and are under review and are going through the normal review process under the current regulations, and so those two applications are not subject to the moratorium as written, and um will continue that regulatory review process as already defined by our zoning ordinance and our building and technical codes without specifying specific locations, but though there are two pending.

1:03:49

Okay, yeah.

1:04:20

Good morning, council Julie Bernard uh serve as an assistant city attorney in the office of the uh city attorney, and um you know we were discussing um I do not believe that the projects that are underway are secret.

1:04:34

Um of them is an expansion of DC blocks.

1:04:38

They have clearly on their website that they plan an expansion, and um my understanding is they have submitted permits for that expansion.

1:04:47

The other one is the project that's uh by Nebius uh that's in Oxmore Valley.

1:04:52

Um they have been participating in public meetings, yeah.

1:05:00

The parts of them that go through public processes are going through while the you know actual uh plan review is being done by staff.

1:05:10

Mr.

1:05:10

Chairman, I apologize to keep interrupting, but I thought it was important that the legal department um like transparency is on our side, so we should just speak as plain as possible to the sensitive nature of what's before us, and we need to we have to be honest and direct and open as possible with our residents and or those who are affected.

1:05:30

If you go back to that slide one more time, um that's title important application.

1:05:37

It's been stated twice, so based on the two names she just said block global, which is in the district six DC blocks.

1:05:46

DC blocks.

1:05:46

Ah, thank you.

1:05:47

I apologize.

1:05:48

Thanks for correcting me, Mr.

1:05:50

Chairman.

1:05:50

DC blocks.

1:05:52

Which is in District Six, all the Sixth Avenue South Quarter, as well as Nebus in the Oxmoor Valley, has been stated by professional staff based on information we receive that if this council decided to pass a moratorium, those two would be excluded based on the significant amount of work that's already been done.

1:06:14

Um one already existing and expanding, they've been in existence in our city since 2018.

1:06:20

I do not believe they by definition they are considered a hyperscale, is that correct?

1:06:25

Not now.

1:06:29

Same would be for the Oxmore Valley neighborhood.

1:06:33

All right.

1:06:34

So that's just a note.

1:06:35

I wanted to make that note as audience members in this room or champion championing the moratorium.

1:06:45

That does not exclude what currently exists for those two applicants.

1:06:49

And I just wanted to state that for the record.

1:06:52

Okay, thank you.

1:06:53

So regarding um looking forward, uh, acknowledging that there's two, you know, applicants that are already underway that would not be impacted by this, but looking forward, um talk to me a little bit about the large and hyperscale data centers um in terms of their timeline, you know, the the moratorium suggests a um you know, approximately six to nine month pause on temporary um per on on a temporary suspension of permitting for that time period.

1:07:34

Um in thinking about whether or not to um support the the temporary suspension, what is a typical timeline for this type of applicant to have in advance of applying for permitting we well I was gonna speak to the moratorium in the time frames you might think of and think in terms of what the purpose of the moratorium is.

1:08:09

The moratorium would be not to just draft regulations but to get those regulations in place and in force before we start getting other applications.

1:08:19

Um as Director Thomas has said, we probably will have the you know the plan, if everything goes according to plan, move smoothly through all the committee processes that are required, the planning commission and uh planning and zoning, and then get to the council and there's no glitches.

1:08:38

We should be having those regulations to the council in just under 60 days.

1:08:45

Um but that doesn't necessarily mean they get adopted, yeah.

1:08:49

Then you've got publish them.

1:08:51

So you know, there's a little bit of wiggle room there.

1:08:56

Um the uh but that's the current timeline.

1:09:01

Um Director Thomas will speak, you know, to the other part of it, but that is you know to keep in mind someone who comes in and vest rights um before those regulations in place would you know be able to move forward, you know, depends on where they get their rights vested.

1:09:20

Um Dr.

1:09:25

Quinn, in terms of you know what to expect when there's a gap between a moratorium not being in place and the actual policies being adapted for hyperscale data centers in particular, there is a significant amount of due diligence that is needed before an application is filed.

1:10:04

And so that utility coordination for power capacity, that um the engineering and infrastructure studies that are needed as well as the site control and land acquisition that's needed for these types of facilities.

1:10:16

It could take several months for an application to get to a place for being ready for permitting.

1:10:25

So it's is it fair to say that you know, in the process of a potential applicant performing their due diligence, that there would be some conversations with staff uh ahead of that application?

1:10:39

Yes, absolutely.

1:10:40

Um part of our review process is to have pre-permit um meetings as well as conceptual planning meetings, and so um it does it's not something that someone just comes in and drops in an application.

1:10:53

There is a significant amount of coordination that occurs before an application is received.

1:10:59

Mr.

1:11:00

Mayor?

1:11:00

Mr.

1:11:01

Chairman, I ask that in a plainer way.

1:11:05

Does professional staff in the PEP team expect anybody to walk in and or hold the street and ask for a permit in the next 60 days?

1:11:13

We don't.

1:11:15

Based on the due diligence that's needed to stand up one of these.

1:11:19

Okay.

1:11:20

Do members of the council have any questions for staff.

1:11:26

Council President.

1:11:27

Yes, thank you.

1:11:29

Thank you for presenting this uh ordinance and taking consideration the suggestions that were made by the planning and zoning committee.

1:11:37

I just want to be sure that I am clear on the suspension that is before us, it does take for 180 days, 180 days.

1:11:47

And what you've presented to us is a timeline that you feel you could expedite outside of this, that would give you the information you need to strengthen or make changes to the draft that we have or to go through this process within 60 days.

1:12:02

Is that what this is the same?

1:12:04

Yes, that is correct.

1:12:05

So um, so again, the temporary suspension was in place to give us time to research, maintain the status quo.

1:12:12

We have completed that research.

1:12:14

We have draft zoning ordinance amendments that are ready to go through that normal regulatory review process, starting with the Birmingham Planning Commission and ending with a final public hearing by the city council.

1:12:29

That time frame that we are proposing is about a 60-day window, um, starting with the first uh public hearing with the planning commission being March 18th, and then um the city council hearing possibly being on April 28th.

1:12:45

But if this does uh we don't enact this suspension today, that does mean that other companies or other uh potential clients could come in and pull these permits and want to try to do business within the city.

1:13:01

Is that correct?

1:13:02

Yeah, we don't foresee that based on the due diligence, but it's not can't just absolutely guarantee that nothing will come in, that nothing will come in, but based on the due diligence time frame for most of these hyperscale data centers, we do not foresee that.

1:13:18

If one were to come in, we will still hold it to the existing um zoning ordinance requirements, all of the normal reviews, public hearings, and everything that will normally take place for these types of facilities will we will implement those standards.

1:13:36

Thank you.

1:13:37

You're welcome.

1:13:38

Okay.

1:13:39

Um question um, so as I understand the timeline, most of the required committee meetings, the planning commission meeting, the planning and zoning committee meeting.

1:13:51

I think ZAC is also in there.

1:13:54

Um, but in any case.

1:13:57

The the way you're getting to April 28th is also due to four weeks of advertising for the public hearing.

1:14:06

Yes, that is correct.

1:14:08

Okay.

1:14:08

Thank you.

1:14:09

Other questions?

1:14:09

Council Vossett.

1:14:11

Yes, thank you, Chair.

1:14:12

Um Director Thomas heard you say that the sort of the reason behind the temporary suspension in the first place was to press pause on the data center permit applications.

1:14:25

Uh so there could be a time to create an ordinance.

1:14:27

Uh is that correct?

1:14:28

Yes, sir.

1:14:28

And then I've heard you say that the ordinance is close to conclusion and should be ready in about 60 days.

1:14:34

Yes, that is correct.

1:14:35

Okay, that's good to hear.

1:14:36

Um, my only hesitation in not moving forward with a temporary suspension uh at this time is that in the absence of a temporary suspension, as you mentioned, there might exist um the possibility for applications to move forward that would not apply to the new ordinance.

1:14:55

Is that correct?

1:14:57

That is correct.

1:15:00

So for that reason, I just am sort of uh inclined to suggest that it would it be possible, Director, to move forward with a temporary suspension with an uh uh amended timeline that would be around 60 days to allow for uh the ordinance to be developed uh during that time frame.

1:15:25

Yes, that could be an option as well.

1:15:29

Thank you.

1:15:29

Other questions?

1:15:32

Council Williams.

1:15:34

Thank you.

1:15:35

Uh uh both of y'all who recognize me.

1:15:39

Um, when we're when we're looking at a 20 megawatt site, um, you know, there's one thing that we're all familiar with in Birmingham is that we don't have a lot of um a lot of flat sites for economic development projects.

1:15:56

Um we're in the process now of trying to create more, obviously, to bring to bring more opportunities to Birmingham with with dormant sites or brownfields, whatnot.

1:16:07

Uh it have y'all done an analysis or um, I mean, I think I know the answer to this, but have y'all done an any analysis on you know how many sites are actually available that would be able to have that amount of land mass and uh be close enough to a grid that could accommodate that.

1:16:30

And the reason I ask that is you know, a lot of there's been a lot of um a lot of rhetoric about what happened in uh in our neighboring municipality of Besser, and I think that we all collectively know that we don't want that uh same scenario to happen in Birmingham.

1:16:51

However, I don't think that we have the land mass or site availability for that to occur.

1:17:01

So have y'all done is is there can y'all shed some light on if there is that type of site available?

1:17:13

We have not done a detailed parcel by parcel analysis of sites that could be suitable, and I think one reason that is is because like you can see like DC blocks is a good example.

1:17:25

It's it's not on a huge site into this bill, and it's upscaling on the current site, and there are examples uh across the United States, LA in particular just recently permitted one that is vertical.

1:17:38

Um, so you don't necessarily have to have a massive amount of acreage to do a data center development.

1:17:45

And you know, hyperscale is a it's a very big bucket.

1:17:50

So 20 megawatts is generally the threshold, uh, but they go up to I I believe the Colossus site in Memphis plans to upscale to 1200 megawatts.

1:18:00

So that is a massive necessarily land footprint.

1:18:04

However, there are other hyperscale data data centers that could exist more in a traditional office park setting today.

1:18:18

So a hyperscale data center could live in an office park?

1:18:28

No.

1:18:30

The the let's just answer with the two applications that exist.

1:18:36

Just based on the information professional staff is shared with the mayor's office.

1:18:41

Um I think he gave you a number of about 1200 megawatts for the Memphis site, correct?

1:18:50

Well, in comparison, the best number site is probably about 1,500 megawatts.

1:18:57

Um we would probably say based on the information we receive, which is very preliminary, um, that the site on Lake Shore would be under 400.

1:19:10

So three times less.

1:19:12

Okay.

1:19:12

Thank you.

1:19:14

Okay.

1:19:15

Uh question.

1:19:17

So staff has uh stated that you guys have completed your analysis and are ready to move forward through the process of proposing some code amendments.

1:19:30

Um can you give this is we're about to have a public hearing.

1:19:34

Um there's gonna be a lot of folks who speak to various issues.

1:19:38

I feel confident that there's gonna be a lot of concerns raised regarding J data centers generally.

1:19:45

Can you give us a preview of um the code amendments that will be suggested?

1:19:54

So um they there was a slide that uh I think I go to that.

1:20:00

So as um Hunter stated definitions for one, because right now we don't define these.

1:20:06

So there are various definitions that are being added to the zoning ordinance um based on scale, size, energy, capacity.

1:20:15

Um there are infrastructure and utility um considerations as well.

1:20:19

And so as you may be familiar with the zoning ordinance and our permitted use table, um, so the different types of data centers will be added to the permitted use table, and we will identify different zoning districts where they would or would not be allowed.

1:20:35

They will all have conditions that will have to be met.

1:20:38

Those conditions um look at landscaping, look at utilities, look at um types of water consumption, energy consumption.

1:20:46

Um there's a long list of conditions.

1:20:49

It started out at about 30, and so we are we have condensed those some, um, but it is a work in draft.

1:20:56

Um, our goal is uh not to just present draft amendments and then say, hey, vote on this.

1:21:02

It is a process that we will still hear from the public today, um, hear from you as the council, there'll be some targeted um stakeholder engagement meetings that will occur over the next couple of weeks, and then the um Birmingham Planning Commission will review those regulations and will as well and offer inputs, but as a you know, very high level um the draft regulations will address where they can be, how we define them and this various conditions that help protect um our resources and protect um properties surrounding properties from any land use compatibility issues.

1:21:39

Mr.

1:21:39

Chairman, I have additional question on top of the question you had.

1:21:44

There's a memorandum and a FAQ shared with council.

1:21:49

Um council has expressed that I think again in the interest of transparency, sharing that information with the public.

1:21:57

So any of those FAQs we can um share now if it's okay with um this committee, Mr.

1:22:04

Chairman.

1:22:05

Um professional staff is willing and ready to do that now.

1:22:09

Yes, okay.

1:22:12

All right.

1:22:13

Um I did want to point out a couple of concerns.

1:22:18

So in the previous public comment, um we heard a lot about concerns over um potential air pollution, um potential you know water pollution.

1:22:33

A couple of things have come up since then that have been mentioned that I was curious about the the first is uh considerations for noise and also um light pollution.

1:22:48

So in the recommended recommendations that are coming forward um are there or could there contend could there be considerations for those two aspects of these types of facilities?

1:23:10

Yes, absolutely.

1:23:11

You want to provide some details on those two?

1:23:13

I can give some detail.

1:23:15

I have some notes right here that has been shared with us that we've been I want to pull up set aside um again what's before you related to moving forward, but I again I can scan the audience.

1:23:32

I think there's some serious worry, concern about um what exists um or could possibly exist in the Oxbar um Valley neighborhoods?

1:23:42

Um so related to the water demand um infrastructure concern that organization proposes a closed loop cooling system with a daily water withdrawal of 0.3 to 0.5 billion gallons per day, um, which is a meaningful improvement over conventional evaporative cooling at this scale.

1:24:06

So for the record, that's a very large scale.

1:24:09

Um that's note one.

1:24:13

Um I think our question um to that organization, and we're waiting to get that information back.

1:24:20

Requiring closer um we need to address light.

1:24:24

We haven't done that.

1:24:25

What capital improvements will water utilities require to serve BHM 01?

1:24:31

And are those costs fully assigned to that organization to a developer through a developer's main extension agreement?

1:24:39

We're waiting to receive an answer on that question related to that water usage, and when time requires, uh, Mr.

1:24:46

Chairman, because I I know the public needs to speak first.

1:24:50

There's some additional information we want to share related to the concern worry for those two or two developments that have already requested permits separately from what professional staff is doing to walk out this these new regulations.

1:25:08

Okay.

1:25:10

All right, before we hear from the public, does council have any more questions?

1:25:16

Council Gunn.

1:25:18

Thank you, Mr.

1:25:18

Chair.

1:25:19

Uh, I do have a question regarding the 20 megawatt um threshold.

1:25:24

How do we get to that level as like that's the threshold for 20 megawatts?

1:25:32

Yes, thank you.

1:25:33

So uh 20 megawatts was determined as um kind of a guiding thing from the industry.

1:25:39

It's like that's generally the threshold where something crosses into hyperscale in terms of its impact.

1:25:45

Um the American Planning Association put out a guidance document on regulating data centers.

1:25:51

That was the threshold cited in that document.

1:25:53

It's not there's not a national standard that's just this is hyperscale and this is not.

1:25:59

However, 20 megawatts seems to be the established standard.

1:26:03

Okay, thank you.

1:26:05

Um to follow up to that question.

1:26:07

Um, you know, I'm really concerned about the potential for some of the data centers uh to scale.

1:26:15

I know I heard mention of the Memphis site scaling to um what, 1200 megawatts, and I understand that the ordinance that we are possibly considering is not retroactive, but is there possible consideration that an ordinance could prevent um some scaling?

1:26:37

I can I can what neighborhood would become legal and conforming with the adoption ordinance you want to answer?

1:26:46

So um anything that is currently existing today or going through that process, once the new draft ordinance is adopted, they would potentially become legal non-conforming, which means that that site is fine as it exists.

1:27:05

However, if it scaled up, it would have to become conforming to the new ordinance.

1:27:11

Thank you.

1:27:12

All right.

1:27:13

Okay, so now we'll move on to hearing from members of the public.

1:27:18

So if you're here to speak to this issue uh for or against, um, we're ready to receive those comments now.

1:27:25

So if you'll start a line on either side here, and um if you when you approach the lectern, please remain remember to state your name and address.

1:27:39

Uh each person speaking will have three minutes to give their comments.

1:27:43

The timer will be displayed on the monitors behind us.

1:27:48

Um, first speaker, please.

1:27:55

Hi, thank you for letting me talk.

1:27:57

My name is Jennifer Gossard.

1:27:59

I am at 1004 Sydney Park, uh, Birmingham.

1:28:04

I um so I just want to start start out saying I work for a very large hotel company or the largest hotel company in the world, and I work in global technology.

1:28:12

So I understand development, I understand the importance of AI, the technology, I understand the changing landscape of technology and the need, but I also am a very proud member of a the Uxmoor neighborhood, and I think that's very important.

1:28:29

Is that the mayor clearly stated this is a neighborhood?

1:28:33

This is not a this is not a area that has really got a lot of these types of bus businesses, nor do we want them.

1:28:42

So we are my neighborhood sits right against the Robert Trent Jones um golf course and next to the school, and right across the street from the area that they're talking about for on the lakeshore.

1:28:57

Since they've started construction on tearing down some of the buildings, it is loud.

1:29:01

I work from home, I can choose to live anywhere in the world.

1:29:05

It's my luxury.

1:29:16

By putting something there, it's going to hurt the value of my home.

1:29:20

It's gonna hurt the opportunities within that area.

1:29:24

I think if you look at the area, it has had great growth.

1:29:28

There has been a lot of my neighborhood is brand new.

1:29:30

There's an area right across the street that's building new houses.

1:29:34

We have a wonderful um uh animal shelter that's being built that's hopefully opening soon.

1:29:40

So much opportunity for growth within that neighborhood.

1:29:44

I think it would be an awful thing for this the city of Birmingham to not see that with the changing demographics, the importance of homes that people can afford.

1:30:00

I just think that we need to look at also not just the landscape of this business of the technology, but what opportunity you're going to be losing by putting something of that mass scale in that area.

1:30:12

Okay.

1:30:12

Just remind you and folks who are yet to speak.

1:30:17

What's before us today would not impact the Nebius project.

1:30:22

So I think appreciate your comments and understand.

1:30:26

Um just want to be clear that this is not, you know, what we're considering today wouldn't impact the outcome of that project.

1:30:35

So where is that?

1:30:35

I heard a lot of what ifs, how is that?

1:30:38

Can you explain to me?

1:30:39

I still don't understand.

1:30:40

Where are we with that project?

1:30:42

Has everything been approved?

1:30:43

Are we having we have no say in what happens?

1:30:46

So the my understanding is that the property, the way it's been zoned, that one of the allowed uses for that zoning is for a data center.

1:30:59

Um the only thing that's really in question is a consideration before the zoning board of adjustments for allowing a utility substation at that location.

1:31:11

So you know, that's not us.

1:31:14

The zoning board of adjustments is a um quasi governmental or quasi-judicial body that hears uh requests for variances and things of that nature.

1:31:27

Um, this and this their application for in this case is for a special exception to allow the substation for that facility.

1:31:36

Right.

1:31:36

So additional additional space.

1:31:39

So again, understand some sorry I misspoke.

1:31:42

So we'll say, I mean, at this point, you it's up to you to identify what's important to your city.

1:31:51

So again, this what's before us today would impact any new facilities that are potentially looking at applying for pyramiding in the city.

1:32:03

All right, thank you.

1:32:04

Thank you.

1:32:05

Next speaker, please.

1:32:12

Hello.

1:32:13

Um Paul Godby, I'll leave at 920 24th Street South.

1:32:18

I'm president of the Southside Neighbor Association, and I'd like to speak to that.

1:32:23

Maybe there might be some unintended consequences to these data centers.

1:32:27

First off, um, as far as the power supplies go, the military is developing uh small portable nuclear reactor to help power their bases as they go overseas.

1:32:38

These are in the five megawatt, 12 megawatt range, and there has been some talk about this being developed for commercial uh uses.

1:32:48

So we're looking at maybe having nuclear reactors at a later date at these things, not just gas turbines or pulling off the grid.

1:32:57

Second thing is what exactly do these data centers do?

1:33:02

And in China, uh they've been using them very extensively.

1:33:06

I have a variety of videos on my cell phone so I can verify what I'm going to say here.

1:33:12

These are all done by investigative journalists.

1:33:15

Uh the Chinese have set up a national ID cash system which uses facial recognition.

1:33:22

You have to buy with your face, get transportation with your face, get housing with your face, all done through a computer system and things.

1:33:32

They even limit travel like within neighborhoods, like a 50-minute uh city that type of thing.

1:33:39

And the children are being taught how to use facial recognition in their schools.

1:33:44

So they go to pay for the lunch, they just show their face and bing, you know, they get a meal.

1:33:50

So there's a lot of long-term consequences to what these data standards are going to be doing.

1:33:56

And I think maybe we need to rethink this and have some other safeguards put in to protect our rights.

1:34:03

Thank you.

1:34:04

Thank you.

1:34:04

Next speaker, please.

1:34:11

Good morning, uh, council members.

1:34:13

Um, mayor, thank you for um highlighting transparency.

1:34:18

Um with the conversation this morning, I was somewhat heartened when I heard a moratorium, and now um that's all vanished.

1:34:28

My name is Rob Sansome.

1:34:30

I live at 3962 Sydney Trail.

1:34:34

We moved into our new home a little over two years ago, and picked a lot that had wonderful trees that had a little bit of wetland behind it, and my wife and I uh retired that uh with the extension on the back of the house.

1:34:51

This was our quiet area.

1:34:54

For the last week and a half, I've been looking straight out my patio at the demolishment of a site that will now be constructed into the new one.

1:35:04

And I understand, thank you, Councilmember, for pointing out that I guess we don't have any choice at this point.

1:35:14

But that was that's what we're living at.

1:35:17

We have hundreds, if not thousands.

1:35:19

We're just one story.

1:35:22

But these are impacting President that this is your area.

1:35:28

We're the neighbors that live there.

1:35:31

And it sounds like we didn't have a choice until this thing got to a point where now it's going to be built.

1:35:40

Our houses are being impacted.

1:35:42

The values already, even if this was a wonderful modern day operating facility, the negative connotation that goes along with this, and I understand the economic development, and I'm all for it.

1:35:57

But when you when you consider these things, please, with the same amount of energy and importance, consider us.

1:36:07

We're the people that you're supposed to represent in our city, and I applaud you all for the wonderful leadership that you give us.

1:36:16

But this is an area that we really need to get a handle on before we do anything else.

1:36:23

Um thank you all for providing us the time for this.

1:36:26

But please um understand there are a lot of concerns about it.

1:36:31

Okay, thank you.

1:36:32

Thank you.

1:36:33

Next speaker, please.

1:36:39

Thank you, Mr.

1:36:41

Mayor and Council, counselors.

1:36:43

My name is Renetta Brown.

1:36:46

I live at Sydney Drive in this in the Grand Subdivision, and I am also disappointed to hear there's nothing we can do about it.

1:36:57

A company from the Netherlands can come in and destroy our environment, perhaps.

1:37:05

I don't know.

1:37:06

I think it's a lot of unknowns about AI and data centers, but everything that I Google about data center pollutions is negative.

1:37:16

I have yet to see one positive story.

1:37:20

It emits PFAS gases, which is uh which are forever chemicals, it can do in other environmental damages, particulate nitrogen oxide emissions from these gas turbines that run 24 hours a day, causing humming.

1:37:40

We have schools within a short percentity, some that serve neurodivergent children.

1:37:49

We have an animal shelter coming up.

1:37:53

Can you imagine dogs hearing a 24-hour day human what that will do to them?

1:38:00

We have two diverhoods.

1:38:04

One is there and new, one is coming up.

1:38:07

We have apartment buildings nearby.

1:38:10

And again, as tax-paying citizens, I think it looks bad to this historic city to say someone can come in and put something in that we don't even understand, and that all we can see that it does is damage.

1:38:29

I don't care how much money they're gonna contribute to schools.

1:38:34

If you're killing us, you don't belong in our neighborhood.

1:38:38

Thank you.

1:38:39

Thank you.

1:38:43

Next speaker, please.

1:38:47

Good morning, uh, Mayor.

1:38:50

Mayor Pro Tim, which is my representative.

1:38:53

My name is Grace Woodson, and I live in the West Go Way Estate, and I represent basically three neighborhoods because I have three family homes that is also in West End Highland and Powderly, and as I said, Western, I mean uh West Go Why State.

1:39:11

What I have not heard from this entire thing is how this is causing a health problem.

1:39:20

Nobody has addressed what is going to do to our neighborhoods, to our the human standards in this.

1:39:29

Now, I did my own research as well, and I went out on the global website, and they talked about the damages that is done to the humans, and not only those that live in that communities, but also the staff that will be working into these data centers.

1:39:48

We already know we got health problems here in the United States.

1:39:52

One of the problems that this is going to cause is a hearing problem.

1:39:55

Now, y'all was talking about wattage and whatever, but what we know is decimals.

1:40:01

And what my understanding is the um that the level of decimals for harmful hearing is at 85.

1:40:10

These companies produce 96 decimals.

1:40:16

So that means that we're going to have, we already got senior citizens in the West Go Wild Estate.

1:40:22

We already have hearing problems by natural.

1:40:25

But with this coming up, I want y'all to take a moment and think about the health problems that we black people already have.

1:40:35

We live in a community where we got oil wells, we got these uh power lines going all over everywhere, we got 18 wheels going up and down the highway with the oil and what have you.

1:40:47

And now y'all want to put a data center right in the black neighborhood.

1:40:53

So I just want you guys, I'm not trying to go against the data center.

1:40:57

I understand progress, but I do understand when somebody said there were two applications, one for a new build and one for renovation of another building.

1:41:08

Well, my recommendation is okay.

1:41:10

If we're going to go forward, let's go forward with the new build and go with the ideas that the global company said these people can do as far as protecting our water, as far as protecting our electricity, and even Donald Trump said if the data centers are going to go up, you need to produce your own electrical grids.

1:41:32

So, Birmingham, our council, I am saying to you guys, y'all represent us, and that is exactly what we need from you is to take under consideration the health thing, send these people back and make them do their research on the health program.

1:41:49

Thank you, and I appreciate you.

1:41:51

Thank you.

1:41:52

Yeah, just you know, we did ask uh during the staff's presentation about including regulations in the um proposed ordinance that would take into consideration air quality, water pollution, uh noise, and light pollution.

1:42:11

So definitely we'll be looking at that next speaker.

1:42:20

Good morning, Mayor Whitman, City Council.

1:42:24

I'm Julianne Tharp, the Field and Advocacy Fellow at GASP, the Greater Birmingham Alliance to Stop Pollution.

1:42:31

We're located at 2320 Highland Avenue Suite 270 Birmingham 35 to 05.

1:42:39

GASP supports a temporary suspension on all data centers to fully evaluate all the steps Birmingham must take to ensure any future data center data center developments are in the best interest of its citizens.

1:42:55

No more prospective applications should be accepted until all community members have had ample time and many opportunities to consider and provide input so they have a choice for regulations on data centers to be put in place.

1:43:12

As a grassroots environmental justice organization, we at GASP are concerned about the additional pollution hyperscale data centers would bring and the cumulative impact from facilities that already exist.

1:43:26

Most data centers use diesel-powered backup generators that release nitrogen oxide and find particulate matter directly into the air.

1:43:35

And breathing in these pollutants have proven to lead to acute and chronic lung diseases such as asthma, chronic obstructed pulmonary disease, and different types of cancer.

1:43:47

We know that industries flock to areas where the most marginalized communities are least equipped to handle the consequences to their health.

1:43:58

Any economic benefits by data centers must not be outweighed by public health consequences that also take a toll on our energy and water, not to mention health care systems.

1:44:12

We understand that Birmingham is a special place.

1:44:15

With a long history of industry, we have worked and continue to work hard to ensure all Alabamians have a right to clean air.

1:44:25

Hyperscale data centers could derail the progress that has been made and still needs to be made for all Birmingham families and communities to live in a clean and healthy environment.

1:44:37

Please slow down on any developments and pass this temporary suspension.

1:44:44

Thank you for your transparency and care and including the community in your decision making process.

1:44:52

Thank you.

1:44:54

Next speaker, please.

1:44:59

Good morning.

1:45:00

My name is Charles Miller.

1:45:01

I live at 2909 Highland Avenue South in Highland Park neighborhood.

1:45:06

I've lived in the city for over a decade, and I actually was not planning on speaking on this issue today, but what occurred during the presentation and during the discussion raised a question for me specifically about this vesting of future rights.

1:45:21

Generally speaking, in Alabama, there's no vesting of future rights.

1:45:24

If you don't put the property to whatever use is going to be prohibited by a moratorium or zoning change before that enacts, then you're out of luck.

1:45:33

To quote the Alabama Supreme Court in a case called Breland versus City of Fair Hope, an application for a permit does not automatically give the applicant a vested right to avoid compliance with later duly enacted ordinances under municipalities' police power.

1:45:49

We don't recognize um we don't recognize purely regulatory takings either.

1:45:57

So I don't necessarily understand the argument that any moratorium wouldn't apply to people who are in the steps of making permit applications.

1:46:24

So I I have a hard time understanding the argument that the city doesn't have any ability to put a pause not only on future data centers but these two that have been proposed as well.

1:46:39

So I'd like the city council to kind of think about that and maybe ask some questions of the city staff and attorney on that.

1:46:47

Thank you.

1:46:51

All right, thank you.

1:46:52

Next speaker, please.

1:46:56

Good morning.

1:46:59

To uh Mayor Wolfin uh to uh council president Wardine Alexander and the fellow city council members.

1:47:08

I'm John Mehan.

1:47:10

I am a resident at at uh three at 30 oh one Avenue D in Ensley.

1:47:17

I've been there for well, I've been in Ansley all my life, but I am a new resident at that house.

1:47:24

I'm coming here to talk about the data centers.

1:47:28

Pope Francis, back 10 years ago, some of you all probably wrote, he wrote uh a uh Logato C, which means climate change, it means taking care of our common home.

1:47:45

Well, you know, our common home is right here in our neighborhoods.

1:47:50

Our common home is right here.

1:47:53

We don't need data centers to come in our communities because it's not right.

1:48:00

Poor communities suffer enough.

1:48:02

We don't need them.

1:48:04

We don't need them to come out here and yes, it's the poor communities, it's our poor communities that's gonna suffer.

1:48:11

And don't forget, our rates are gonna go sky high.

1:48:16

Do we need that?

1:48:17

That's gonna hurt the poor.

1:48:18

That's gonna hurt low-income citizens.

1:48:21

You know, you know, I just I'm just saying here now, and I've looked up this thing, and I've been doing a lot of work research, and I'm gonna put this this way.

1:48:31

Data centers heavily impact poor and marginalized communities by straining local infrastructures and exacerbating existing inequalities, often without providing significant long-term employment.

1:48:48

Key impacts include severe water depletion and drought prone areas, increased utility bills for residents, air pollution from diesel generators, and noise pollution, frequently turning these areas into sacred zones for uh for tech expansions.

1:49:13

So please look at this.

1:49:16

Think about the people that you represent that sent you here.

1:49:21

Think about them.

1:49:22

You know, we don't need these data centers.

1:49:26

Think about the poor, think about your communities.

1:49:30

Low-income communities are gonna suffer, and it's time that we be advocates for them, not these high-tech companies that want to come in here and bring their and bring their stuff in data centers in here and cause all destruction.

1:49:47

So I ask don't let data centers in our communities.

1:49:54

Thank you.

1:49:55

Thank you.

1:49:56

Next speaker, please.

1:50:11

Good afternoon.

1:50:12

Good morning, council, mayor.

1:50:16

My name is Ronald Jackson.

1:50:17

I'm here representing citizens for better schools and sustainable communities.

1:50:32

Now I don't know how you really comment on something that you have not had the opportunity to read.

1:50:45

Done this.

1:50:47

But I will say this, that what you're attempting to implement now is a bomb rush.

1:50:55

Oh, we the citizens of this city.

1:50:58

Even with your proposal to extend something right now, I ask you to reconsider that.

1:51:06

What I am here to say to you today, that if you proceed through the process that you have now, you are the revenants and will become the revenants of Jim Crow Black Code Law.

1:51:24

I don't think you want to go down in the history as that.

1:51:28

And what I mean in plain language is this.

1:51:32

Want you to look out today as you leave, and look at I 65.

1:51:43

The Northwest, the Southwest.

1:51:48

Draw that line, and then look back at what is being done now in terms of the way you've been investing thus far.

1:51:57

Oh, all kinds of things are coming from the east, right on back, over to I 65.

1:52:06

That's that red line of your new Jim Crow segregation.

1:52:14

I hope you will think about this.

1:52:17

Heard of CSX Railroad?

1:52:20

Heard of Burlington Northern.

1:52:23

Where's going to be all your plans to take care of the transportation needs that that merger of CSX and Norfolk Southern is going to do?

1:52:36

Where are gonna be the overpasses that you all have not even put one penny to think about, let alone invest in terms of what that's gonna do to this city?

1:52:47

I will submit to you some written information after today, but I'm saying to you right now, each one of you who want to support what this proposal is about, you're becoming Jim Crow segregationists, and you can take this notion that you've always been floating about how much advancement Birmingham has made.

1:53:15

I want you to do this in my closing here today.

1:53:19

A couple of weeks ago on Channel 13.

1:53:22

Please wrap up your comments.

1:53:24

May I may I finish up, please, sir?

1:53:26

You're out of time, so please wrap wrap up your comments.

1:53:29

Thank you very kindly.

1:53:30

And I wrap it up and encourage every last person here to go to Channel 13 and pull up the interview in Black History Month that Mayor Richard Arrington just did, talking about just what I said about the revenants of Jim Croism.

1:53:51

I end it now, but please, when you leave here tonight, look at it, think about it, and remember Proverbs 22.

1:54:02

22.

1:54:03

Thank you, kindly.

1:54:05

Thank you.

1:54:06

Next speaker, please.

1:54:15

Thank you, Mr.

1:54:16

Rick.

1:54:23

Good morning.

1:54:24

Mayor, City Council.

1:54:26

Thank you for allowing me to speak.

1:54:28

Um I had a long speech, a three-minute speech uh prepared.

1:54:32

Uh, my name is John Hilly.

1:54:34

I live at 3963 Sydney Trail, Sydney Park Trail or Sydney Trail, which is 900 feet directly across Lake Shore from this proposed facility.

1:54:43

I understand uh this facility is going forward as planned.

1:54:47

You know, they put their teeth in the ground real quick to fast pace this thing to be able to pass because they know all the unknowns are not available to everyone, so they want to get these things in the ground and do a foundation first to be able to get you know teeth in the ground to be able to start this so we can't you know control it anymore.

1:55:03

Uh I agree with gentlemen later earlier.

1:55:05

I don't understand why we can't go back and retroactively these other facilities that are going to directly affect me and my wife.

1:55:10

Uh we moved here over a year ago, we got married, sold our houses, moved over here a year ago in uh as Rob said, in the place where we wanted to retire, live the rest of our lives or forever home.

1:55:21

Uh now we're wondering about that decision.

1:55:23

Uh you know, we hear the sounds of the destruction of demolition every day.

1:55:28

I'm inside my house, and it and it rattles, it it it uh you know shakes, and you hear it.

1:55:34

Um it's I measured on the sound readings about 60 to 65 dBA inside my outside my house during the construction.

1:55:42

That was it uh during the construction yesterday.

1:55:44

Of course, traffic is about 50-55.

1:55:47

Um they don't tell you is the developers said they're gonna do around 60 to 65 dBA on these systems.

1:55:54

What they don't tell you is that low tonal noise travels further because of the lower sound or the longer sound waves.

1:56:00

They can go around objects and through walls.

1:56:03

So a constant 60 dBA to 65 dBA is going to be a rattle inside our homes constantly.

1:56:09

You know, traffic is transient, it passes, goes by.

1:56:12

This is a constant hum.

1:56:14

Not only noise pollution, energy use, water usage, you have to also be concerned with PFAS forever chemicals that are used in the uh closed loop systems.

1:56:25

They use that for staining or for uh anti-stain, anti-rust, and uh able to flow the circulation of the water through these closed systems.

1:56:33

Forever chemicals don't go away.

1:56:35

You can't you can't incinerate them, you can't get rid of them, you can't burn them, they'll stay forever.

1:56:40

That's why I call forever chemicals.

1:56:42

When this PFAS uh chemicals were released to the air, they turned into a what they call a TFA compound.

1:56:49

That is not regulated in the United States, but is it is regulated all over the world.

1:56:54

And and uh and it's actually more how is finding to be more hazardous than some of the PFAS pure uh forever chemicals that are around.

1:57:01

So anyway, I just respect that you know we don't need data centers.

1:57:06

Um I'm just really concerned about the the pollution, the constant noise, the generators running on construction traffic, the 500 homes being built behind us, uh the Jefferson County Humane Society, Red Mountain Park, all that's gonna be affected.

1:57:22

Uh I wish there was a way to go back and retroactive and make these people guarantee, written guarantees.

1:57:29

If they're going to go with this, we want written guarantees of what's going to be done, how it's going to affect us, what our recourses are that we can come back and and you know and and claim something because we're not getting anything out of this.

1:57:42

I have no benefit in this whatsoever at all.

1:57:46

Um, you know, I've paid my taxes, I've done my duties, and I'm here to retire, and this is not going to affect me one bit.

1:57:52

I can go online right now and get anything I need to get chat GPT anywhere.

1:57:56

We don't need extra data centers around here.

1:57:58

Uh, thank you for your time.

1:58:00

Thank you.

1:58:01

Thank you.

1:58:03

Next speaker for you, please.

1:58:11

Peggy.

1:58:12

Oh should I raise it?

1:58:16

You're good.

1:58:16

Okay.

1:58:17

Peggy Gargus, 3931 South River Circle in Cahaba Heights.

1:58:23

Um, I'm about a stone's throw anywhere I am from District 2 because Birmingham weaves in and out of us and goes farther on down.

1:58:34

So I feel an interest, um, even though I am an Auslander in Birmingham, and I'm here to talk about economic development, which I've heard touted regarding data centers.

1:58:48

Um my question is whose economic development, and I will dredge out memories of the super sewer, pardon the pun.

1:58:58

As you may remember, we were we were told repeatedly that getting more rate payers into Jefferson County sewer program would strengthen the pool of rate, would build the pool of rate pairs, which would lower the cost for everybody.

1:59:16

When how did that work out for us?

1:59:19

We had the largest municipal bankruptcy in U.S.

1:59:23

history until Detroit defaulted.

1:59:26

Why do I bring that up?

1:59:28

Because also water, electricity, even gas, and sewers will be needed for data centers.

1:59:40

And as I was listening to the November 17, 2025 meeting of the now named Central Alabama Water.

2:00:00

I heard agenda item number 18 discussed regarding a payment of $80,000 retroactively to Water Research Foundation, which was to build, help them build a toolkit and standards for recruiting large water users.

2:00:15

And in that discussion, I heard data centers as an example of large water users.

2:00:24

Water rates are paid by every ratepayer, no matter where we live, where we are, and we can't afford to increase the rates on the poor or even the middle class for things that we do not need.

2:00:42

And I will leave you with this thought.

2:00:44

One of my city city planning and zoning members reminded us repeatedly that the water the planning and zoning commission's hands are tied.

2:00:56

They can vote no very rarely, but they can vote against something if it violates public safety, public health, or public welfare.

2:01:07

I don't see how any of those standards can be met by proceeding a pace with data centers, and I pray that you will keep and impose a moratorium to keep these data centers at bay.

2:01:25

Thank you.

2:01:26

Thank you.

2:01:28

Next speaker, please.

2:01:33

Hi, hi everyone.

2:01:34

Hi.

2:01:35

My name is Kelly Marshall.

2:01:37

I live at 3015 13th Avenue South.

2:01:40

That is in Highland Park.

2:01:42

I am the secretary of the Highland Park Neighborhood Association.

2:01:46

I have lived in Birmingham City for my entire life.

2:01:49

I graduated from Huffman High School, Go Vikings.

2:01:52

I have worked in the city for my entire adult life.

2:01:56

And for 25 years, I have volunteered for or worked for dozens of nonprofits throughout Birmingham, including Art Walk that I'm wearing today.

2:02:05

I have spent many, many, many hours volunteering and thinking about how to attract people of all walks of life to Birmingham to this incredible city.

2:02:16

And I've also thought so much about how to keep them here.

2:02:25

We do need to develop a comprehensive framework to regulate these data centers, but I really hope that is af after hearing what has happened today.

2:02:33

I really hope that that happens after talking with Birmingham and not just business.

2:02:58

No doubt, as everybody has said, we're in the midst of an enormous expansion of this data center infrastructure throughout the US.

2:03:05

And states like Alabama are firmly within the co the crosshairs of that industry.

2:03:11

And it's not because we are so pro-business, it's not the it's because we don't have proper protections in place for our water resources.

2:03:19

Putting a pause on this industry has the potential putting a pause on an industry that has the potential to have serious impact on Birmingham and our community until we have these reasonable regulations in place that is not anti-business, that is pro-community, that is pro-Birmingham, and that is pro-Birmingham residents.

2:03:42

Um, like many industries that are experiencing this rapid growth, there's no there is enormous amount of hype and marketing surrounding the data centers that fuel their growth.

2:03:52

Um we all know that we know about the that there's a potential for the financial bubble.

2:03:57

So what happens when there's a bubble bust, and then we have these facilities that aren't operating as they should.

2:04:03

That does not attract people here, and it certainly does not keep people here.

2:04:09

Um this is an industry that is yet to break even, let alone post-a-profit.

2:04:14

Uh, and I just want I'm gonna skip over a lot of the stuff that everybody has said about data centers because it does seem like you guys are looking into them and recognizing I know you guys have received a lot of emails from people that live in this city that want you to uh adopt this moratorium and really give a focused effort to make sure our people are protected.

2:04:34

The last thing I want to say is the people are the city, not the businesses.

2:04:39

Thank you.

2:04:46

Good morning.

2:04:47

My name is Ryan Anderson, and I'm a staff attorney at the Southern Environmental Law Center.

2:04:51

Our address is 2829 2nd Avenue South.

2:04:55

As been has been discussed today at length, data centers have tremendous resource needs and present unique land use challenges because of that.

2:05:02

That's why, as you've recognized, we need to update our laws to meet that need and to match the pace of growth that the AI industry has seen, particularly in the last couple of years.

2:05:12

We need our laws to balance the economic and societal benefits of AI infrastructure with the cost to communities and our shared resources.

2:05:20

And that's why we support a temporary suspension on data center development while the city does just that.

2:05:27

But timing is important.

2:05:29

We need these protections to apply to all of our citizens equally.

2:06:22

And the developer could come before you and have their case heard.

2:06:25

That's why you're hearing so much frustration.

2:06:27

And so I ask in considering the framework of these new zoning regulations that you ensure that there is a public input process for any kind of data center development because if these things are coming to our backyard, we deserve to have a say, and we deserve to have a say in the appropriate forum, not necessarily at different types of hearings like a moratorium hearing or um I was present at the uh hearing last week on the application for the substation for the Nebius proposal.

2:06:58

Um so I think that could go a long way to foster trust and transparency with our citizens.

2:07:04

Um because Nebius has been brought up today, I understand that's not what you are deciding.

2:07:11

Um I do just want to raise a couple of issues and questions with that.

2:07:15

And first, I think it would go a long way after hearing all of these people speak to have a really firm explanation of why these new regulations and the moratorium do not apply to the Nebius proposal.

2:07:27

Um second, uh I would like to we would like to understand what kind of permits they actually received.

2:07:34

Um, because my understanding is again the substation special exception use permit.

2:07:39

That's still pending.

2:07:40

So again, I'm not understanding the explanation that um these regulations cannot apply.

2:07:46

So thank you for the time to make a public comment and I appreciate it.

2:07:54

Thank you.

2:07:55

Next speaker, please.

2:08:02

Hey, uh good morning, uh Mayor Woodfin, good morning, uh council members.

2:08:07

Um I'm Matthew, a uh resident of the um uh Beacon Parkway, and uh I work in Birmingham as a software engineer at a local startup.

2:08:19

Um I work in technology, I'm not afraid of technology, I'm not afraid of AI, but I am concerned about um some of the massive wealth inequality that uh these developments will help encourage, and also the um some of the profiteering that will happen at the expense of us and uh also yeah, just uh these disruptive developments nearby densely populated areas.

2:08:44

So uh I support the moratorium.

2:08:47

Um to say a little bit more, these companies come with uh nice projections and promises, but uh it seems long term it'll be Birmingham residents, sorry, Birmingham residents subsidizing their cost.

2:09:00

Uh we've heard complaints about um you know electric grid strain, uh potential rising utility bills and noise pollution while the majority of the profits end up leaving the city.

2:09:12

Uh the compute they build concentrates power in the hands of a few and will displace white-collar knowledge workers here.

2:09:19

Um I urge uh you all to vote yes on a proper uh property linked suspension to give uh adequate time to set adequate policy uh before approaching more projects like this.

2:09:34

Thank you.

2:09:34

Oh, also I do want to say um I I do appreciate you you all seem to be very receptive to these uh concerns, and uh you know I admire that, so thank you.

2:09:45

Thank you.

2:09:47

Okay.

2:09:48

Next speaker, please.

2:09:53

I'm gonna say good afternoon, Mr.

2:09:55

Mayor, Mr.

2:09:56

President.

2:09:57

Um I guess I'm I just gotta be layer, so I see I qualify.

2:10:02

Um I've been in this community um approaching uh two years, uh little at 3953, uh Sydney Trail.

2:10:12

Um I know when I was looking at the community, it was almost developed.

2:10:17

It was maybe six or seven lots left.

2:10:20

And I kind of walked around, made an observation, and the community met what I was looking for.

2:10:26

I'm a retired, two tours of the Rat Comeback veterans.

2:10:30

So the fact that it was real quiet was a plus for me.

2:10:34

Um, but now here in the last, I guess six or eight months, uh, it seems like I'm back in the combat zone.

2:10:42

It's it's noise, it's demolitions.

2:10:45

Um that big building up there, uh, I noticed the glass is out of it.

2:10:51

I guess they're going to demolish it to put something there.

2:10:54

I've always been um concerned about these data centers.

2:10:59

I'm no engineer or anything, but everything I've heard is no positive feedback from the people representing the um data centers or whatever.

2:11:13

And I hope that it doesn't create or continue to deal with the noise, because if what I'm dealing with is a prelude of what's to come, um I may have to get out of there too, because I noticed several homes going up for sale, and it's probably going to intensify once they get this thing built because the going down Lakeshore is plots of land cleared off everywhere.

2:11:38

So I know they're going to put something there.

2:11:40

I'm not exactly sure where the data center is going to be built, but uh now that I know one is going to be built over there, uh, I have my concerns uh not only with the noise but the water and the uh electricity.

2:11:55

Uh I would hope that once it's built that uh it doesn't pull all the votes from homes where you have power outages because I experienced that sometime now.

2:12:06

Um, and there's no explanation for it.

2:12:09

Um I've been I've heard in this meeting that they're supposed to build their own power supply.

2:12:15

Uh I don't know how that's going to work, but uh I'm old enough.

2:12:19

I don't know if a lot of people in here recall.

2:12:21

I remember uh several decades ago before there was these data centers, that was the mail landfill down there in uh South Alabama.

2:12:30

They were using it for dumping ground for radioactive material, it was states uh trucking that material in here.

2:12:38

Uh and there was a lot of people complaining, just like here, there were issues with people's health coming off of that, and then junction with that here about a year and a half, two years ago, if you recall, that was a lot of smoke coming from some kind of place out there in Moody, the oldenville area.

2:12:57

They had people from uh high dollar places coming in to expect that.

2:13:03

So I hope that this thing doesn't uh resemble some of that, but I guess time will tell because it looks like it's gonna be built.

2:13:11

Thank you for your time.

2:13:13

Thank you.

2:13:14

Next speaker.

2:13:24

Good morning.

2:13:25

Good morning.

2:13:28

President Wardine and other council members.

2:13:32

I had almost decided not to speak until I heard the gentleman mention that there's still a chance for Oxmore Valley.

2:13:39

But I'm gonna try and stick with a speech that I was gonna make and have decided not to make, and now I'm back up here.

2:13:46

So good morning again.

2:13:48

I believe today's meeting is centered around implementing a moratorium on data centers.

2:13:54

How you define or frame this moratorium on data center is a different subject.

2:14:01

While I support innovation and economic development, you must have clear infrastructure, fiscal, and environment guidelines before approving data center facilities.

2:14:13

This should be your most defensible justification for a moratorium.

2:14:17

This is pro-planning, not anti-growth.

2:14:22

Why should you pause on a moratorium?

2:14:24

I listed about five items.

2:14:26

I'm gonna hit on quickly before I get to the very end.

2:14:29

Infrastructure planning and grid capacity.

2:14:32

We need to have studies.

2:14:34

Will data centers be responsible for any upgrades to the grids, maintaining infrastructure costs, water and environmental impact assessment.

2:14:43

Data centers require substantial cooling water while polls, make them conduct the studies because without guidelines, approvals of existing applications will exceed our environmental analysis.

2:14:57

Fiscal safeguards and tax policy.

2:15:00

By pause, have you negotiated tax abatements?

2:15:03

Payments in lieu of taxes agreement structures.

2:15:07

This could benefit the city if you end up approving them with defined payments rather than speculative.

2:15:14

Develop other clawback provisions.

2:15:16

What if, in the case of Oxmore Valley, Nesbitt walks away?

2:15:21

All we got is clear land.

2:15:23

So there should be some clawback provisions there, since we are now at the point that they will not fall under the new ordinance.

2:15:30

Zoning and land use compatibility.

2:15:32

While polls, decide where they should go.

2:15:36

Industrial zones only or corporate office.

2:15:40

Think about the noise that set back the heights and the screening standards.

2:15:44

And then most importantly, again, in the case of Oxmore Valley, prevent first mover advantage lock in.

2:15:52

I got to the gate first.

2:15:55

So there's no standards and there are no guidelines to do it.

2:15:58

With it being approved quickly, I feel Oxmore falls into this category.

2:16:04

Land preservation is not being enforced.

2:16:07

They have stripped all the mature trees there.

2:16:10

So buffers that could have been there are gone.

2:16:13

Nobody came out to stop them.

2:16:14

It's just clear land.

2:16:17

The vested rights that the individual mentioned there, I feel that there should be some consideration that the city does have the right to go back to say, okay, these are not going to fall in line with our ordinances, so you do not have just total protection.

2:16:36

I am disappointed.

2:16:38

But before I get to that, I'm just going to say I do support a temporary moratorium so that it will prevent reactive policy making like what we're doing today.

2:16:48

I am disappointed with the ordinance will not apply to existing applications because I believe and I may believe in correctly the city council had an opportunity in January to implement a moratorium, impose the existing until you get those guardrails in place.

2:17:04

That's all we have to support the guard rails and protectors.

2:17:07

Since this time, based on Birmingham Business Journal and other news outlets, applications that are in the pipeline now have been accelerated.

2:17:17

They've been fast tracked.

2:17:19

I was at a meeting recently, I'm not going to say what meeting it was, and I heard some of these representatives ask how will this moratorium affect our projects?

2:17:28

And the people in the meeting, not calling names again, say, oh, your application would not be paused because a moratorium is not in place.

2:17:36

At this point, the city possibly should research and see if that is applicable.

2:17:42

Because at this point, there are no safeguards.

2:17:45

And having looked in drive-down lecture every day, I have to question if the zoning ordinances are truly being followed.

2:17:53

A moratorium will give District 1, District 2, District 3, District 4, District 5, 6, the opportunity to have guardrails in place.

2:18:02

But in District 7, right now, we're going with the flow.

2:18:05

Thank you for the privilege of your time.

2:18:11

Speaker, please.

2:18:21

I live at 5433 10th Avenue South in Birmingham.

2:18:25

I'm an attorney.

2:18:26

I represent the Greater Humane, Greater Birmingham Humane Society.

2:18:29

Just to save time, I'm going to try and compile the thoughts that they have and don't want to be redundant.

2:18:35

But obviously, GBHS supports the moratorium because we don't want someone else to end up like us and find out a 300 megawatt hyperscale facilities moving next to their project.

2:18:48

We would uh we appreciate that the council and the city are developing uh these regulations.

2:18:55

Uh we also, when we set up our facility, we work very closely with our neighborhood association.

2:19:03

We were supported by the neighborhood, so we continue to support the neighborhood.

2:19:08

And the neighborhood's concerns on this project are concerning.

2:19:12

I think a reasonable ask, which is more directed to the administration, is if it's possible, we have the regulations, we have the zoning, the applications still pending.

2:19:25

If this can come out the other side, a conforming use to the new zoning and the new regulations, that would be best for everyone involved instead of allowing the legal non-conforming use to come out the other side just because it's an application.

2:19:38

So that's what we're hoping for.

2:19:40

We're going to keep looking into it to try and see what we can do to make it okay for what we're trying to do, but I think something we would hope for is that it will be a conforming use based on all the hard work that the city is doing to try and deal with these centers.

2:19:57

Thank you.

2:19:58

Thank you.

2:20:00

Next speaker.

2:20:03

Next speaker.

2:20:08

Good morning.

2:20:08

My name is Ken Moore from 1517 Fifth Street North.

2:20:12

Thank you, President Alexander, Counselor T, my counselor and mayor.

2:20:19

I'm an advocate for the pause.

2:20:21

Uh and I'm calling to pause.

2:20:23

My background is developing managing portfolios where you do business cases for large investments, IT investments typically.

2:20:31

And you're looking for the benefit to the investor, benefit to the customers, and in this case to the benefit to the residents.

2:20:42

AI will progress.

2:20:45

We will we will continue to see AI centers being built, whether we're here, whether it's in the next town, next city that uh permits and allows it.

2:20:54

Uh the progress will continue and it should continue.

2:20:57

I'm a fan of it.

2:21:00

What we have here is the opportunity to maybe do it differently.

2:21:02

And I want me, I think Birmingham should be the place where it can happen.

2:21:08

What I would ask is that Birmingham actually be the leader in helping uh the growth of IT in ways that the residents actually can say, yes, we like that.

2:21:17

We think that will benefit us and when we support it.

2:21:20

I believe it's possible.

2:21:22

I've not heard that in any of the conversations uh around AI and I've paid attention to AI for quite some time.

2:21:29

Uh I believe we do have the opportunity in Birmingham to inform the citizens to hear from the citizens and put together an approach to go forward that allows Birmingham to lead the nation in actually helping AI progress and helping us get the benefit that AI brings.

2:21:50

Thank you.

2:21:52

All right.

2:21:53

Any anybody else?

2:21:55

Going once going twice.

2:21:57

All right.

2:21:59

I'm sorry.

2:22:00

Yes, yes, ma'am.

2:22:01

Please say the best for Les.

2:22:04

Thank you, Mayor.

2:22:05

I don't know about that.

2:22:07

Okay, good morning.

2:22:09

I'm Madeline Green.

2:22:11

Oh my god.

2:22:16

Does that take away my minutes?

2:22:18

No.

2:22:19

Can it start over?

2:22:21

Okay.

2:22:24

All right.

2:22:24

Okay, I'm Madeline Green, president of Oxmore Neighborhood Valley Neighborhood Association.

2:22:31

I do want you all to do the moratorium suspension, and it would be great.

2:22:38

That's a great start.

2:22:40

Okay.

2:22:40

At the end of the public hearing on moratorium on January 27th, Councillor O'Quinn stated that there are no new applications on file.

2:22:54

I believe he didn't know.

2:22:55

Is that am I too too close?

2:22:57

I believe he didn't know that Nebus AI factory had filed application on January 26th.

2:23:05

A moratorium should have been placed while Councillor Alexander and our commissioner Chila Tyson were having private meetings with a select few of the neighbors from Oxmoor.

2:23:20

I was invited to one of those with NEMI.

2:23:24

Yes.

2:23:25

Nebbius asked for a meeting with the neighborhood.

2:23:28

We had a call meeting to accommodate them and so that the neighbors would know.

2:23:34

I recently learned that a member of Nebula's team was relaying to people that I and our neighborhood wanted to the AI factory.

2:23:44

The night before the public hearing of the zoning board of adjustment, I received an email from John Sutter, VP of Nevi is advising me to go along with this approval of the substation and the switch station, and that we would talk later.

2:24:04

This was intimidation, and it seems like bribery.

2:24:16

But Mayor, you told me when I left our meeting about well, remember that I was crying because they were serious, they were lying, and this guy, they wanted to um to put in a gas station.

2:24:31

Okay, at that time, when I went out and crying about it, Mayor Wolfin came to me doing the meeting while the meeting was still going on out by the elevator in the restroom, and so he told me never let them see you cry.

2:24:48

So he went in the restroom and got the t-shirt for me, brought it to me, and said, now get back in there.

2:24:55

And so I did.

2:25:00

Well, Mayor, I'm wearing black from crying for months inside.

2:25:04

And the way I feel inside, the way I feel inside is darkness by the city of Laura company whose owner is originally from Russia, but moved to the Netherlands to do business with the U.S.

2:25:24

And that the city is supporting them by the fast track that they're going through.

2:25:29

Yes, they've been going through all the necessary things because I've been a part of the steering committee each time.

2:25:37

But counselor, we need you.

2:25:49

So my mayor.

2:26:02

I'm sorry, who has stood before us and supported us.

2:26:08

You've supported me, Mayor.

2:26:09

Every time I come before this, you supported me.

2:26:13

The councils who are here have always been here.

2:26:16

You supported us, which is a great thing.

2:26:18

I don't mean to cry.

2:26:20

What happened?

2:26:22

Do our lives not matter?

2:26:24

Shame on you.

2:26:26

Think about God and think about what you need to do.

2:26:29

You know, because in the end, God will prevail.

2:26:33

This data, this uh AI factory will not be built, will not be built, and I'm standing on that because I stand on God.

2:26:44

So please take it into account that you all are representatives, and we want you to represent us well.

2:26:53

So thank you, Ms.

2:26:54

Green.

2:26:55

Thank you.

2:27:00

Mr.

2:27:01

Mayor, Mr.

2:27:02

Chairman, before the council, I guess, deliberates and talks to each other.

2:27:10

Or additional or and or any additional information to professional staff.

2:27:17

I I would like to share a few things.

2:27:20

Um, one, I'm I'm very, very grateful, extremely grateful actually, for um the residents, um, particularly those which I think is probably a minimum of eight out of ten who spoke live off of the lecture quarter via the Oxmore Valley neighborhood.

2:27:37

I'm very grateful for them being here.

2:27:41

Um, the other thing is Mellene Green has known me since literally I was a little boy, so um, I want to speak to her as the neighborhood president.

2:27:51

I actually gave her a call this morning.

2:27:53

We spoke briefly, um, but I reserved my remaining comments for this public meeting.

2:28:00

And then I'm speaking to all the residents here who've shared their concerns.

2:28:06

Um the bottom line human element of this is that um the residents have honest genuine concerns.

2:28:14

Um if you made it plain speak, um I don't want a data center next to me.

2:28:20

Does it affect my power bill?

2:28:22

Does it affect my water bill?

2:28:24

Um, it's noise, it's um environmental concerns.

2:28:29

These are genuine concerns.

2:28:32

These are genuine concerns that actually need to be answered in any community.

2:28:38

Um I think the first thing I want to do is literally slow down.

2:28:45

Ask Ms.

2:28:46

King to allow Julie Bernard, one of our city attorneys to explain, and then I want to come back and continue a two-part conversation, one about what's happening in the Oxmoor neighborhood, and the other about this what's before you.

2:29:06

So, Ms.

2:29:07

King, I think it's important.

2:29:09

The question was asked a minimum twice from community members.

2:29:12

Why is this AI factory off Lakeshore excluded?

2:29:20

Um, and then I'm gonna follow up soon, is if Ms.

2:29:23

Bernard is allowed to explain it.

2:29:27

Attorney Bernard, please go for it.

2:29:36

Good morning again.

2:29:38

Um I think there have been several questions that have been asked.

2:29:42

I think primarily on, yeah, there's a question, you know, this is not up for rezoning.

2:29:47

I mean, first I want to say the item that is before the council today is whether or not to put a moratorium on development of additional data centers in the city while the council considers the uh new regulations that staff has drafted.

2:30:03

That is what this hearing was about.

2:30:06

We've heard a lot about specific projects.

2:30:09

Um there have been questions about you know, it's not up for rezoning.

2:30:14

Um the that area is zoned MXD and its use group C2 under the MXD zoning for Oxmore Steering Committee.

2:30:24

That allows non-manufacturing research and development.

2:30:29

So under you know, staff's analysis and you know, review, because there are several other data centers that exist in Oxmore Valley right now.

2:30:40

And um, but it allows this non-manufacturing research and development because we had no clear delineation to be able to, yeah, it doesn't say data center, but that's kind of where they fit.

2:30:54

That's why we need specific use of definitions.

2:30:58

That's why we said we needed this pause to allow staff to develop all this, and we were starting to see inquiries coming, and that's why we asked for this moratorium you know, back in December was to do that and try to get the get this pause.

2:31:15

Um, but that is why it's not up for rezoning the determination by staff is that it would be allowed in that zoning district.

2:31:24

And um, I know there have been conversations with the NABIS team on reducing as much, and there's still, I believe um, there's still some questions that staff has had, you know, that we're still getting, you know, some definitions.

2:31:39

Again, being exempt from the moratorium doesn't mean that something is automatically approved.

2:31:46

They still have to get whatever, you know, the ZBA approvals and all the plans, site plans and everything have to meet with the review of staff.

2:31:56

So as you recall with other moratoriums, um, we have had uh projects in progress come before this council for appeal hearings to move forward.

2:32:07

Most of the time, a number of those times the council has granted those because they were in progress and already had, you know, they already had applications in progress and were already moving forward.

2:32:21

So the council has often gone ahead.

2:32:23

Um there is a question of vested rights in Alabama.

2:32:28

Um is one of the speakers said, there isn't a bright line test under Alabama law for vested rights.

2:32:35

But you know, the council's had to evaluate all these in this.

2:32:39

This moratorium was just going ahead and um providing uh an exemption for those that were already in progress.

2:32:49

Again, it's not for those that just have had informal conversations with staff, it's for those that have actually gotten applications in that are going through the review process.

2:32:59

So all it's really bypassing is that appeal to the council about moving forward with their project while a moratorium's in place.

2:33:07

Thank you, Attorney Bernard.

2:33:08

Thank you, Attorney King.

2:33:09

I think it's important, council, when we hear that to you refresh our memory.

2:33:15

Um we've had moments in our city where things have come to our city and communities and they've accelerated at such a pace where we believe they cause harm based on feedback from our residents and what from our own sites from our own eyesight.

2:33:30

Um think of the cash checking places that spread like wildfire and fire in our city.

2:33:37

And at some point, it required a moratorium.

2:33:40

But for those who are already in the queue, um, we could not um or who already had their process, whether it's a business license permitting construction, whatever, we couldn't just um stop them.

2:33:53

They they were technically grandfathered in, even though we didn't like it, moratorium went forward anyway as far as future.

2:34:02

Um you add another example of the stores facility places.

2:34:07

I think we all have recent recollection of that.

2:34:10

Um of the most contentious ones was in district three, uh, but they spread like wildfire in various city council districts, and the same thing happened that we wanted to do a moratorium, and there were certain ones who were right in that gray area, middle of a process.

2:34:28

And if we didn't include them, what they did was went across the park, they sued the city, and the judge reverse our decision.

2:34:37

You fast forward to the car wash situation.

2:34:40

And it's the literally the exact same thing.

2:34:43

They spread like wildfire in our city.

2:34:45

We want a moratorium to get more rules and regulations around them because they didn't exist.

2:34:50

And there were those in that gray area, and we're in the middle of some back and forth with um your process of who could be grandfathered in, and if not, they can then appeal, go across the street, and I think we know the result of what a judge would do.

2:35:07

And so from a historical standpoint, I'm looking at you when I'm speaking in reference to the audience of why can't this project on Lakeshore be included?

2:35:17

It's because apparently throughout this process, they've gotten to the point where it's permits, and we can't just unilaterally do a moratorium.

2:35:27

You have to give the public, what is it, a minimum 30-day notice for a public hearing before we can just unilaterally implement a moratorium.

2:35:36

So I thought that was worth actually explaining to the public why.

2:35:40

I think, in addition to that, you know, again, I think this moment requires full transparency.

2:35:46

Um Madam President, Ordean Alexander and to all the residents of Oxmore Valley, Ordean Alexander, your neighborhood president, and your and as mayor and professional staff.

2:36:01

We weren't engaged until December, and I want to explain that to you.

2:36:06

A private company can talk to a private company without ever engaging City Home.

2:36:11

It happens all the time in various lanes.

2:36:15

It was stated earlier, but it's worth repeating.

2:36:19

Richard Arrington during the annexation war, um, annexed a lot of areas of the city of Birmingham.

2:36:26

One of those areas was the Lakeshore quarter.

2:36:30

Um it was mixed use, commercial and residential, um, but a significant intentionality around it was for commercial development.

2:36:37

You fast forward today in 2026.

2:36:40

There are a minimum of four data centers that exist today.

2:36:45

We don't talk about it, but four data centers already exist on Lakeshore.

2:36:51

Uh, to give more factual information, the current site that is under, I guess, deconstruction or demolition, that region's bank center by definition was considered a data center.

2:37:03

Um, if you've ever been in it, um, the bottom floors that stretch at least two football fields minimum were just these, I don't know how to describe it, but machines, if you would.

2:37:17

Um, and so again, having that information is important to the public why this why your counselor didn't know or didn't have to be given information, same for the mayor's office.

2:37:32

Um, I think that's important to note.

2:37:38

We found out in the AL.com article that um there was an actual real estate transaction.

2:37:46

Um Ms.

2:37:47

Green, you have to sit down.

2:37:48

We're in a public hearing, Mr.

2:37:50

Chairman.

2:37:51

Oh, okay.

2:37:53

Sorry about that.

2:37:54

We found out, and in that literally in a public space like you did, the AL.com that this real estate transaction happened.

2:38:02

Um, we found out in various ways prior to them prior to them walking into city home to start a permitting process that this was happening.

2:38:15

And so she does deserve that cover that she wasn't in on something that just plopped down in your neighborhood.

2:38:24

I think that's important to note.

2:38:26

There are a few more notes, and I know this is about a moratorium, Mr.

2:38:30

Chairman, but we have to at least be human enough to acknowledge the fears, the worries, the concerns, the questions about um what's happening on Lakeshore, because that dominated the public hearing, it deserves a response, which is separate from what's before you.

2:38:52

So, related to that, as state as I stated earlier, this project on Lakeshore is an AI factory.

2:39:00

Um, it's not uh a traditional sense of a data center.

2:39:05

Um but you have these questions around utility.

2:39:12

That's that includes water and power.

2:39:15

You have these questions around environment, and then you have these questions around data security risks.

2:39:23

So I want to speak to all of those, and then I want to tell you the 12 questions we have are going to present to Nevids, um, and then we're willing to do that in a public setting as well.

2:39:34

The first thing is centered around just giving some context of what the state legislators are trying to do to protect our power bills.

2:39:42

I think that one of the number one concerns is does this affect my power bill?

2:39:47

It's a very fair question, and it's a question that the utility company needs to address and respond to people.

2:39:54

But as a note, uh Representative Rafferty and Senator Bell have House Bill 403 currently and SB 270 currently.

2:40:07

But I want to read it to you.

2:40:09

This bill would require data centers drawing 150 megawatts or more to pay the full cost of infrastructure upgrades they create and direct the PSC to confirm utility contracts with the data center benefit with data centers to benefit of that they don't pass on to ratepayers basically.

2:40:29

I think that's something that's counselors as mayors, residents, we should champion to make sure that whatever whatever comes, even with this new regulations, that the power bill or increase of power bills, utility bills isn't passed to the customer.

2:40:49

That's a fair concern.

2:40:51

It's a fair question.

2:40:54

And we have a local representative out of Jefferson County delegation who's who's literally co-sponsoring the bill with the senator to make sure we're protected.

2:41:04

And that's a portability protection because we know everyone's whether it's several utility bills right now are upset about their pay increase.

2:41:16

I think the other thing is the environmental impact.

2:41:20

We know that this facility will rely on large banks of backup generators.

2:41:26

And I think that's a genuine concern.

2:41:28

Again, I have, you have, the residents have related to what these generations generators will produce in environment and in sound.

2:41:40

We information has been shared with us that approximately 375 megawatts for this project on Lakeshore.

2:41:52

Now, in context, again, earlier I stated that it would be at least 1500 megawatts for best.

2:41:58

So literally it's apples and oranges.

2:42:00

It's not the same.

2:42:02

But in that federal rules allows, this is the concern that's a genuine concern.

2:42:07

Federal rules allow unlimited runtime during emergencies and up to 100 hours per year for maintenance and testing.

2:42:13

So the question around the health impact for what these generators produce is this.

2:42:20

This depends significantly on the fuel type.

2:42:24

Is it natural gas or diesel?

2:42:26

I think the young lady from one of the organizations mentioned diesel.

2:42:29

Our question to Nebus actually will be our request, but we demanded in conjunction and supporting the residents since we couldn't stop this from coming that you use natural gas.

2:42:42

We believe that's beneficial.

2:42:44

We believe it's less harmful.

2:42:46

We believe it's less sound as it relates to the impact in community.

2:42:51

The other thing is one of the recommendations again, in context, the actual question to this organization is as a city, we want to require available backup generation technology, public run-long disclosure, and the generators sitting at maximum distance from the residential boundaries.

2:43:13

A lot of residents here are from Sydney Drive, which I think is probably the closest residential area.

2:43:18

And so I think that's a fair request to ask.3 to 0.5 million gallons per day.

2:43:38

Now comparison that's about 2.0 for the project in Bessemer.

2:43:45

And the the power is comparisons about equivalent of 275,000 residents, a little under 300,000.

2:44:04

This whole notion of full cost responsibility is something we're gonna press.

2:44:09

Um is that an actual policy statute?

2:44:13

Or is that something more that needs to be definitive to protect ratepayers related to water and um power?

2:44:21

A few more notes, and then I'll shut up.

2:44:26

The questions we want to ask this organization, and there are 12 questions, so barrel members chairman and counsel.

2:44:33

One, will Nebus execute a binding publicly disclosed cost of service agreement with Alabama Power that prevents infrastructure costs from entering the system rate base.

2:44:45

Two, what certain grid upgrades will be required and who bears those costs if the project is delayed, downsized or abandoned.

2:44:54

That's a very fair question.

2:45:00

Three, what capital improvements will water utilities require to serve, and are those costs fully assigned to this organization through an agreement, or will that cost be passed to the ratepayer?

2:45:09

Again, a very fair question.

2:45:11

Then around questions around three questions around the environmental and community health.

2:45:17

One being what backup generation will they deploy and will the company commit to best available emission controls and run long run law disclosure?

2:45:26

Again, we will request request natural gas, not diesel.

2:45:32

Two, what noise mitigation measures will the will the facility employ, and will they commit to enforceable decibel limits and property boundaries?

2:45:41

The young man who came with his wife, I don't remember his name, so forgive me, definitely mentioned those decimal points.

2:45:47

So having that question, giving them that question and getting that in writing from them prior to construction is important.

2:45:56

Three, what certain environmental benefits will occur to the Oxmore Valley neighborhood, not just the broader city, um, but pretty much a community benefits agreement.

2:46:08

Um I think that's fair.

2:46:09

I think that's something that's needed.

2:46:12

And then there's questions around, I guess, like governance around all the ownership and structures and investor identities, uh, what information can be shared publicly, and then the economic impact and community benefit.

2:46:27

I mentioned that briefly, but some additional questions.

2:46:30

How many permanent locally higher highways jobs will this create?

2:46:34

And is the project projected 80 million annual school funding contribution guaranteed?

2:46:39

Or is that aspirational?

2:46:41

What enforceable community benefit agreements will they execute with the Oxmore Valley residents, covering workforce development, environmental monitoring, and neighborhood investment.

2:46:53

And then the last question what decommissioning and site reuse plan do they plan to commit to and who bears those costs at the end of the facility life?

2:47:03

So literally, maybe not in our lifetime.

2:47:05

Um, but if some point this facility a generation from now decides not to be in use, um, what guarantees now do we have to make sure the next generation doesn't better bear any burden?

2:47:20

That was a lot of technical questions, so I want to bring this back up at a high level.

2:47:27

I know each of you we all try to balance and honor the first thing of do no harm.

2:47:34

Do no harm to community, do no harm to residents.

2:47:38

And we need credible information to make informed decisions.

2:47:44

Uh we got to this point of professional staff recommending to the mayor's office and the council to do a temporary moratorium to put rules, regulations, laws, ordinances, if you would, in place to protect community and make sure things aren't harmful, but also to regulate growth because I know the other part I know of you is in one hand of doing no harm.

2:48:08

I know each of you are also pro-growth and support business growth in our city too.

2:48:13

And those things don't have to be opposed to each other, we just have to get it right.

2:48:18

Um, with that in mind, um, I think about those other examples I use the check caching places, the storage facilities, the dollar stores, the um car wash places, um, all of these things have a consistency of low overhead, investor-driven.

2:48:40

But what was the actual impact to community?

2:48:43

Um, this has a similar nature.

2:48:45

What impact does it have to community?

2:48:47

And we have to answer those questions.

2:48:50

Professional staff has now come back to us and says with the time they've been given since January, they've been able to do a lot of work.

2:48:57

They've been able to accelerate a timeline and get those rules, regulations, laws, and ordinances in place to protect community at the same time.

2:49:09

And within the window that is required, it will share with this council.

2:49:14

Yes, you could go forward with this, but it was also shared that with the decreased timeline, a moratorium or temporary moratorium is not needed, but that will be put in your hands for discussion.

2:49:27

There was also the option of kicking it back to committee and letting them continue to do the work.

2:49:33

The time I've shared, Mr.

2:49:34

Chairman and Council with this is short versus what I've shared with this organization on Lakeshore because that was the majority concern of what we heard from our residents who spoke today.

2:49:48

So I wanted to give them an honest, transparent response while at the exact same time honoring what's before you, letting the council deliberate and debate on that.

2:50:00

I know I exhausting my time, but thank you.

2:50:03

Thank you, Mr.

2:50:04

Mayor.

2:50:05

Um so I think the public comment period of our uh public hearing is now concluded, so I'll hand it back over to President Alexander.

2:50:14

Thank you.

2:50:15

Thank you, Dr.

2:50:15

O'Quen, for uh chairing this public hearing.

2:50:20

I do want to thank the residents today for your voices and your concerns regarding data centers.

2:50:26

And as we take up this ordinance to consider a temporary suspension of data centers, your information, your thoughts, your comments have been shared with us, and the information you shared.

2:50:37

I truly appreciate it.

2:50:39

And I believe the members of our council also appreciate it.

2:50:42

I also want to thank the city staff, uh PEP as well as the Office of the City Attorney, Emirate Whitfan, all of your administrative staff that have provided the information to each of us as counselors as we consider this item today.

2:50:57

I also want to thank you for giving the timeline correctly stating information as it came to us and as we have had this opportunity to consider this item.

2:51:09

So at this time, council is if there are no other questions, we'll turn it over for the vote.

2:51:33

My IP isn't working, but I vote yes.

2:51:36

Okay.

2:51:38

Umquinn.

2:51:45

Council Williams.

2:51:47

Hi.

2:51:50

Okay.

2:51:50

That's that should be it.

2:51:52

All right, thank you, counselors and public item number one does pass.

2:51:56

It is an ordinance consider a temporary suspension on data set is within the city.

2:52:01

At this time, do we have any other items?

2:52:04

No, to consider.

2:52:05

All right, thank you.

2:52:06

At this time, counselors, we will entertain comments from your various districts.

2:52:12

And Councilor Vasa, are you ready?

2:52:16

Yes, ma'am.

2:52:17

Thank you, Madam President.

2:52:18

Um this week is read across America, and I know some other counselors had an opportunity to read books at elementary schools.

2:52:27

Our staff was able to go to Epic Elementary and have a wonderful reading of Mrs.

2:52:30

Greer's class.

2:52:31

So thank you for that invitation.

2:52:33

We also have Forest Park South Avondale Neighborhood Association meeting tonight, 6 30 p.m.

2:52:39

at South Avondale Library.

2:52:41

That concludes my announcements.

2:52:43

Thank you.

2:52:58

Yes.

2:52:59

Thank you.

2:53:00

Um, as far as neighborhood meetings, Oakwood Places meeting today at 4 p.m.

2:53:05

at Harrison Park Recreation Center.

2:53:07

Mason City will meet today at 4 30 via teleconference and then north to this will be meet on Wednesday at 5 p.m.

2:53:15

at Memorial Park Recreation Center.

2:53:18

Then Westland Manor will meet on Monday, March 9th at 5 p.m.

2:53:22

at New Hope Baptist Church.

2:53:24

Um the first watch prayer hosted by the Jefferson County Sheriff's Office will take place on Sunday, March 8th from 4 to 5:30 p.m.

2:53:34

This will be held at Section A, 17th Street Plaza.

2:53:38

Residents are encouraged to attend.

2:53:40

Then Tithesville Senior Resource Day will be held tomorrow from 10 to 1 at the Tithesville Library.

2:53:46

Thank you, Madam President.

2:53:51

Um Economic Development Tourism Committee will be uh following this meeting uh in conference rooms DE and Robuk meeting will be Monday, March 9th at 6 30 at East Precinct.

2:54:03

Thank you.

2:54:05

Thank you very much.

2:54:06

Council O'Quinn.

2:54:08

Sure.

2:54:09

This week in District 5, we have the East Lake Neighborhood Association who is meeting tonight at 6 p.m.

2:54:15

for Spark South Abendale Neighborhood Association also meets tonight at 6:30.

2:54:20

Uh Wahoma Neighborhood Association will meet on Thursday at 6 p.m.

2:54:25

Gate City Neighborhood Association will meet on Monday, March 9th at Oak Tree Ministries.

2:54:32

Um please note that that's a new uh location, and I believe the meeting is at 4 p.m.

2:54:42

Um and uh Oak Ridge Park also meets on Monday at 6 p.m.

2:54:47

at the Harris Holmes Rec Center.

2:54:49

We have a transportation infrastructure committee meeting coming up on March 9th that'll be held uh here in council chambers at 2 p.m.

2:55:00

Please submit agenda items to our office.

2:55:01

Uh Jones Valley Teaching Farm has opened registration for their uh camp grow, and these are uh summer camps for uh youth rising second grade through rising eighth grade.

2:55:19

Um if you need additional information, you can find that at their website, jvtf.org.

2:55:27

And then finally, oak tree ministries, along with Black Warrior River Keeper will be hosting its annual Gate City Neighborhood Cleanup on Saturday, March 14th at 10 a.m.

2:55:40

Volunteers can register at Oak Tree Ministries.org.

2:55:44

And that concludes my announcements.

2:55:47

Thank you, Council Woods.

2:55:49

Thank you, Madam President.

2:55:50

Uh the Apple Valley Neighborhood Association meeting scheduled for today, uh, March 3rd has been canceled.

2:55:56

The Spring Lake Neighborhood Association will meet on Thursday, March 5th at 6 30 p.m.

2:56:02

That meeting is at Huffman High School in the library, and they also have a virtual option.

2:56:07

The Echo Highlands Neighborhood Association will meet also on Thursday, March 5th at 7 p.m.

2:56:13

That meeting is being held virtually.

2:56:15

Uh the Roebuck Neighborhood Association will meet on Monday, March 9th at 6:30 p.m.

2:56:20

at the uh Birmingham Police East Precinct.

2:56:23

Uh anybody interested in attending any of the virtual meetings, you can email me at Clinton.gov.

2:56:32

The uh uh B Litter free cleanup will continue.

2:56:35

This will be on Sunday, March 15th at 1 p.m.

2:56:39

at Tom Bradford Park.

2:56:41

We encourage all residents to continue uh participating, and then also want to shout out all of our partners that helped us uh visit schools on yesterday as a part of our first library initiative in District 1.

2:56:54

We're able to give all of our kindergarten scholars their very own first library uh set of books to take home uh our partners, IC Me Inc.

2:57:03

that partner with us every year to be able to go out and execute that and just really really wanna stress the importance of reading uh to the future generations because that really unlocks infinite doors.

2:57:14

So thank you.

2:57:16

Thank you.

2:57:16

Councillor Gunn.

2:57:18

Thank you, Madam President.

2:57:19

Uh, we have a host of neighborhood association meetings coming up in the next week.

2:57:23

Uh first, I want to start with the Inglenook Neighborhood Association, which takes place on Monday, uh March 9th at 6 5 30 p.m.

2:57:31

at the Inclunook Recreation Center.

2:57:33

Uh then we have the Woodlawn Neighborhood Association, which also takes place on that Monday at 6 p.m.

2:57:38

at the Willow Wood Recreation Center.

2:57:41

We also have on that same Monday uh Airport Highlands, which takes place at 6 p.m.

2:57:46

at Pleasant View Baptist Church.

2:57:47

And rounding out that Monday, we have the Roebook Neighborhood Association, which takes place at 6:30 p.m.

2:57:53

at the Birmingham uh East Precinct.

2:57:55

Uh on that Tuesday, which is March the 10th, we have the Kelo Springs Neighborhood Association meeting at 6 p.m.

2:58:01

at Smith Middle School.

2:58:03

Uh we also have on that Tuesday, Northeast Lake at 6 p.m.

2:58:06

at the Southern Museum of Flight.

2:58:08

And lastly, we have the Penfield Park Neighborhood Association on that Tuesday as well at the Brownsville Heights Community Center.

2:58:15

Uh today I will be hosting out office hours in the Brownsville Heights Community Center.

2:58:20

Uh and this serves as an opportunity for me to meet community where they are.

2:58:23

And so hopefully we will have some healthy dialogue coming out of that uh session so we can know in which direction uh we can move that neighborhood.

2:58:32

So I'm looking forward to that.

2:58:33

That would be from 1 p.m.

2:58:35

to 3 p.m.

2:58:36

today at the Brownsville Heights Community Center.

2:58:38

So see you there.

2:58:39

Thank you.

2:58:39

Thank you so much, Councillor Smith.

2:58:41

All right, thank you.

2:58:43

So last Friday I had the pleasure to participate in the third annual Jordan E.

2:58:47

Melton Youth Summit.

2:58:49

Um, so that was an inspiring event to honor the memory of Jordan Melton and encourage children to practice nonviolent conflict resolution.

2:58:58

A reminder that Birmingham Park and Rec is to hiring lifeguards for the summer.

2:59:02

If interested, call 205-254-2189.

2:59:08

And we have several neighborhood meetings across district eight in the next week.

2:59:13

Today we have Fairview meeting at 5:30 via conference call.

2:59:16

The Thomas neighborhood will also meet today at 6 30 at Thomas Baptist Church.

2:59:27

at the Five Points West Library.

2:59:34

And the Rising West Princeton neighborhood is moving to be bi-weekly meetings, so they will not meet for the month of March, but we'll pick back up in April.

2:59:42

Thanks.

2:59:43

Thank you very much.

2:59:44

Madam Pro Tim.

2:59:45

Thank you, Madam President.

2:59:47

Um, several neighborhood meetings across the district as well.

2:59:50

Wylam Neighborhood Association will meet tonight at 6 p.m.

2:59:53

at the Wylam Library, as is already has been stated by Councillor Smith.

3:00:00

Thomas Neighborhood Association meeting is tonight at 6 30 at the Greater St.

3:00:03

Thomas Community Church.

3:00:10

And that's at the Sipico Plant Community Room.

3:00:14

Sherman Heights neighborhood meeting will be held Monday, March the 9th at 6 p.m.

3:00:19

at Morningstar Christian Church.

3:00:22

North Birmingham Neighborhood Association meeting will also meet Monday, March the 9th at 6 p.m.

3:00:27

at the North Birmingham Library.

3:00:29

Next public safety meeting will be held on Tuesday, March the 10th, 1 p.m.

3:00:34

in the council chambers.

3:00:36

Please submit agendum items by email.

3:00:40

No later than Wednesday, March 4th at 12 noon to Gregory.gov.

3:00:52

Finally, we are excited for our 205 and park event tomorrow.

3:00:57

And I want to thank all of my colleagues for being a support and getting your schools involved.

3:01:03

This is a replication of 106 in part.

3:01:07

So we super excited to see our young scholars host they 205 and park tomorrow to be the free and the AJ.

3:01:16

So thank you, Madam President.

3:01:18

Thank you very much.

3:01:19

We're very excited about tomorrow.

3:01:22

These are announcements for District 7.

3:01:24

I'd like to congratulate, as the mayor's already said, I'd like to congratulate Cedric Lane and the Winona High School Dragons.

3:01:30

They are in the final four for the Class 5A Boys Championships.

3:01:35

Those games have already started at Legacy Arena.

3:01:39

And we know the Dragons will play Wednesday at 7 30 p.m.

3:01:43

I also like to congratulate Dr.

3:01:45

Melvin Love of the Oxmore Valley Elementary School N D 7.

3:01:49

Dr.

3:01:50

Love is a top three candidate for the Alabama National Distinguished Principal Award.

3:01:56

So we're wishing him great success on this, and hopefully he'll bring home the win.

3:02:00

But it's always a great opportunity to receive acknowledgement of your work.

3:02:06

So congratulations to him on that candidacy for that award.

3:02:10

Also, I'd like to congratulate my colleagues, Smithman, Smith, and Tate.

3:02:14

It is Women's History Month.

3:02:16

And so I appreciate working with you and serving with you and the work that you do in your community.

3:02:22

And also all the women present today and who support the council and work with us.

3:02:27

Thank you so much.

3:02:29

Friday, March 6th, we'll have the Jones Valley Neighborhood Association.

3:02:34

They will meet at 4 p.m.

3:02:35

at the Power Lee Library.

3:02:37

And Thursday next week, counselors on March 12th, we will have a special call committee of the whole administration at governmental affairs meeting that's at 3 p.m.

3:02:46

in council chambers.

3:02:47

As always, please dial 311 or 205-254-6314 to report illegal dumping or missed book trash pickups.

3:02:57

That concludes my announcements for District 7.

3:03:00

And Council Pro Tem, I believe you say you have one of them.

3:03:02

Thank you, Madam President.

3:03:03

For those of us who work out and you know, go to the gym.

3:03:22

So Curtis has been training for black in Birmingham over 20 plus years.

3:03:26

I think he was like the first black trainer to, you know, to learn to link to lunch in Birmingham.

3:03:32

At that time, it was C Stock's personal training and I'll tend there.

3:03:36

So vote for Curtis Starks.

3:03:39

Um, if you're interested, try to get him to hit to be to reach the national quarter finalists for Mr.

3:03:47

Health and Fitness.

3:03:48

All right, thank you so much.

3:03:50

At this time, Mr.

3:03:51

Clerk, I believe we have two um residents lined up for the speakers list.

3:03:57

Yeah, call Michael Henderson.

3:04:01

Hi, Mr.

3:04:01

Henderson.

3:04:02

As you come forward, you have three minutes.

3:04:04

Great to see you.

3:04:05

Give us your name and address.

3:04:06

Yes, ma'am.

3:04:07

Uh first of all, give an honor to God.

3:04:10

Uh to Pastor, I mean to uh Mayor Wolf and to you, Madam President.

3:04:15

Uh Miss Merry and your mother was the first one to give me a ticket for drive with no license.

3:04:21

So I remember her real well.

3:04:22

She don't play.

3:04:23

I'll tell folks that but congratulations on your uh the doctors and everything.

3:04:28

And uh really I just want to just stand up here for a few minutes.

3:04:31

I just got something on my heart that's really been bothering me, and I think it's been bothering a lot of other people.

3:04:38

Uh, first of all, I just want to look at the hurt that is in our city with crime.

3:04:44

I look at the hurt in our city with crime every time I pick up the newspaper or either turn on the TV.

3:04:51

Uh our African American boys and girls are being killed in jail because of the fact is they do not have no facilities that we can be able to bring them to us and we can be able to teach them.

3:05:04

Mr.

3:05:04

Mayor, all we asked you to do was to give us a brand new facility.

3:05:10

We don't want nothing used.

3:05:12

You have did marvelous stuff.

3:05:14

All y'all have signed off.

3:05:16

I know a lot of it was already playing with the uh uh Kerman Mayor, uh uh Larry Langford and William Bell.

3:05:23

He signed off on the stuff that he did because he was the mayor.

3:05:26

But what's being done on the west side of town?

3:05:29

That's my problem.

3:05:30

I have a problem because I rise up, I'm just a citizen, and I rise up for all 99 neighborhoods that you told me, Mr.

3:05:39

Mayor, on the first term when I helped you guys in office.

3:05:43

You said that you was gonna be for all 99 neighborhoods and 23 communities.

3:05:49

And I have not seen you yet come on the west side of town.

3:05:53

I don't even see you over there at the schools over there with the kids, uh having the reading things that y'all got.

3:05:59

Y'all are all downtown, all over the place downtown doing that.

3:06:03

See, I'm a minister too, so I'm gonna let you know all day much.

3:06:06

So I'm gonna get a little loud in here.

3:06:08

But I'm just telling you this right here.

3:06:10

We need to come together and work together for these children and get them some facilities so they can be able to come to us.

3:06:18

I'm working for UPS 25 years.

3:06:21

I got brothers already to go to work.

3:06:23

They say, gee, if you get us the facility where we can come, we can teach them.

3:06:27

We can teach them about the word of God.

3:06:29

We can teach them other things, we can teach entrepreneur business.

3:06:33

That's what our children need to learn.

3:06:34

They don't gotta go get a job.

3:06:36

You see how uh uh UPS, how they doing folks.

3:06:39

You see how Amazon working halfway to death, don't give you number 25.

3:06:43

And I don't they need no money when you got the cost of living a bread almost four dollars.

3:06:49

We got to get this thing together, y'all.

3:06:51

We losing our kid.

3:06:53

Um I'm I'm gonna stay this right here and I'm gone.

3:06:56

My father was uh Dr.

3:06:58

Reverend Burke.

3:07:00

He worked with Calvin Woods, Abraham Woods.

3:07:04

He was a foot soldier for this city.

3:07:08

He loved it, his city so much that he was the first one to have traveling basketball teams.

3:07:18

Bobby Burton, known as Coach B in the community.

3:07:22

He worked for the AEF in the ATL school system, the AEA school system.

3:07:30

My heart hurts.

3:07:32

And my dad right now says, son, when you gonna get up and say something.

3:07:38

We got to understand.

3:07:40

If we don't reach the kids now, who's gonna get them?

3:07:45

Down there in K Ivy Place, but she didn't build that privilege all on.

3:07:50

It's time out.

3:07:52

It is time for us to work together.

3:07:54

And this is my last thing for you, Mr.

3:07:55

Mayor.

3:07:56

Why in the world you cannot work with folks who have ran against you, and I'm talking about the NCAA area over there.

3:08:06

It's nowhere in the world.

3:08:07

Is the district look the way it looking?

3:08:09

You got a man that's willing to work with you and help build it up.

3:08:13

These there was a uh uh a prime example.

3:08:17

Business district.

3:08:18

My mother used to shop over there at Collins.

3:08:20

Mr.

3:08:20

Henderson, okay.

3:08:22

Thank you so much.

3:08:23

We appreciate your passion, but your time is up.

3:08:25

Thank you.

3:08:26

Appreciate you.

3:08:27

Next speaker.

3:08:31

Mr.

3:08:31

Hosley.

3:08:35

I guess he's not here.

3:08:36

All right, thank you.

3:08:37

At this time, we do want to thank you, Officer Pinkett, for your duty today and serving us.

3:08:42

And also our fire inspectors, Inspector Snow and Griggs.

3:08:46

At this time, we'll entertain a motion for a turn right.

3:08:49

All those in favor, please say aye.

3:08:51

Aye, thank you.

3:08:52

Meeting is a turn.

3:08:55

Hey, hey, it's Pro Tim Councilwoman Tay, and I'm here to bring you some exciting news today.

3:09:02

We are gearing up again for 205 in part.

3:09:06

It is a replication of the O D E T show 106 and part.

3:09:11

I'm super excited to have my colleagues.

Discussion Breakdown — Share of Meeting
Data Center Regulation██████████████████████████████████████████42%
Community Engagement████████████12%
Procedural███████████11%
Zoning Regulation████████8%
Economic Development███████7%
Environmental Protection██████6%
Youth Programs███3%
Neighborhood Planning███3%
Public Health Awareness██2%
Summary of Proceedings

Birmingham City Council Regular Meeting - March 3, 2026

The Birmingham City Council met on Tuesday, March 3, 2026, at 9:30 AM in the Council Chambers. The meeting included a public hearing and vote on a temporary suspension of data center permits, approval of multiple consent agenda items, and individual votes on ordinances and resolutions related to economic development, public safety, and neighborhood improvements. The meeting adjourned at 12:33 PM.

Consent Calendar

  • Approved Resolution No. 478-26 for a Lounge Retail Liquor Class I License for Urban Beverage 3, LLC at El Tigre, 2012 1st Avenue North.
  • Approved Resolution No. 479-26 authorizing abatement of nuisances on 18 properties (list in agenda) and assessing costs as liens.
  • Approved Resolution Nos. 480-26 through 485-26 fixing special assessments for weed abatement on multiple properties (detailed in agenda).
  • Approved Resolution No. 486-26 authorizing a Funding Agreement with the PACE Board for Regions Field repairs (elevator $172,735 and infrastructure upgrades $256,391.29, total $429,126.29).
  • Approved Resolution No. 487-26 authorizing a three-year agreement with Skyfire Ai, Inc. for Drone as a First Responder program, up to $1,500,000 ($500,000/year).
  • Approved Resolution Nos. 488-26 through 506-26, including: $75 for Penfield Park Neighborhood Association tables; acceptance of a historic marker for Legion Field; settlement of an auto insurance claim for $41,906; bid award to Massey Asphalt Paving for alley resurfacing ($834,613.12); bids for emergency equipment and office supplies; amendments to weed abatement resolutions; purchase of mower parts and fire fans; expense accounts; and fire hydrant installation at 8th Avenue and 32nd Street South.
  • Approved Addendum Item 40 (Resolution No. 507-26) approving advanced expense accounts of appointed and elected officials.
  • Items 14, 15, and 18 were removed from consent and voted separately.

Public Comments & Testimony

  • Data Center Moratorium (Item 1): Over a dozen residents spoke in favor of the temporary suspension, citing concerns about noise, air and water pollution, utility costs, health impacts, and lack of community input. Many referenced the proposed Nēbius AI factory on Lakeshore (exempted due to prior applications). Speakers included Jennifer Gossard, Paul Godby, Rob Sansome, Renetta Brown, Grace Woodson, Julianne Tharp (GASP), Charles Miller, John Mehan, Ronald Jackson, John Hilly, Peggy Gargus, Kelly Marshall, Ryan Anderson (Southern Environmental Law Center), Matthew (software engineer), and Madeline Green (Oxmoor Valley Neighborhood Association). Several requested that the moratorium apply to all projects, including those already in the pipeline.
  • Mr. Carmichael Henderson (3420 17th Avenue North): Spoke about crime and hurt in the city, urging the city to provide facilities for youth on the west side and to work with all neighborhoods.

Discussion Items

  • Ordinance for Temporary Suspension on Data Centers (Item 1):

    • Director of Planning, Engineering and Permits Katrina Thomas presented the proposed 180-day moratorium on new/expanded hyperscale data centers (over 20 MW) to allow staff to draft permanent zoning regulations. Staff reported that draft regulations are nearly complete, with an accelerated timeline aiming for final council adoption by April 28, 2026.
    • The moratorium exempts two pending applications (DC Blox expansion and Nēbius AI factory) as they already have applications in process.
    • Councilmembers discussed the 20 MW threshold, timeline, and community concerns. Mayor Woodfin detailed 12 questions to be posed to the Nēbius project regarding utility costs, environmental impact, and community benefits.
    • Councilmember O'Quinn noted historical precedents where projects in progress were exempted from moratoriums to avoid litigation.
    • The public hearing was held, and after discussion, the council voted to adopt the ordinance (unanimous).
  • Reinvest Birmingham Initiative – Childcare and Workforce Development (Items 14, 15, 18):

    • Removed from consent for discussion. Director of Innovation and Economic Opportunity Corita House and Reinvest Plan Officer Archie Stewart presented.
    • Item 14: Agreement with Childcare Resources, Inc. ($644,784) to support childcare providers and start childcare businesses.
    • Item 15: Agreement with Birmingham Promise ($400,000) to expand work-based learning and apprenticeships at Jackson-Olin High School.
    • Item 18: Agreement with Women’s Foundation of Alabama ($2,207,650) to increase childcare seats through training and grants.
    • Councilmember Smitherman expressed support for addressing childcare deserts and workforce pipelines. All three items passed unanimously.
  • Other Items:

    • Item 10: Ordinance authorizing a one-year agreement with Birmingham 911 for radio programming, saving $300,000. Passed unanimously.
    • Item 11: Ordinance for Choice Neighborhoods/Legacy at Graymont Project documents. Passed unanimously.
    • Item 12: Ordinance for redevelopment agreement with La Vie Chiropractique, PC to create 8-12 new jobs. Passed unanimously.
    • Item 13: Ordinance authorizing quitclaim deed to Saverio Properties, LLC for $5,476.63. Passed unanimously.
    • Items 38 & 39: Resolutions setting public hearings for zoning amendments (April 7 for Forestdale Blvd CNG fueling site, April 21 for Eastern Framework Plan). Both passed unanimously.

Key Outcomes

  • Adopted Ordinance No. 26-25 (temporary suspension on data centers): 180-day moratorium on new/expanded hyperscale data centers (over 20 MW), with exemptions for existing applications. Unanimous.
  • Adopted Ordinance No. 26-21 (Birmingham 911 radio agreement). Unanimous.
  • Adopted Ordinance No. 26-22 (Choice Neighborhoods/Legacy at Graymont documents). Unanimous.
  • Adopted Ordinance No. 26-23 (Redevelopment Agreement with La Vie Chiropractique, PC). Unanimous.
  • Adopted Ordinance No. 26-24 (quitclaim deed to Saverio Properties). Unanimous.
  • Adopted Resolution Nos. 508-26, 509-26, 510-26 (Childcare Resources, Birmingham Promise, Women’s Foundation agreements). Unanimous.
  • Adopted Resolution Nos. 511-26 and 512-26 (setting public hearings for April 7 and April 21, 2026). Unanimous.
  • All consent agenda items approved unanimously, with amendments noted.
  • The meeting adjourned at 12:33 PM.

Meeting Transcript

Good morning, Birmingham. Today is Tuesday, March third. The time is nine thirty four AM. I call to order the regular meeting of the Birmingham City Council. Today's invocation will be led by Bishop Gregory Mullins, senior pastor of the Abraham Nest of Love Christian Church in Birmingham, Alabama. And our Pledge of Allegiance will be led by Councillor Pro Tim Latanya Tate. If you're willing and able, please stand and join us. And Pastor Mullins, you just push that little oh, it's on for you. Thank you. I think we're ready. Let us pray. Dear God, our Father, we thank you for another opportunity to assemble together, God, as leaders of this city to come, God, to make things happen the way that you desire for them to happen. God, we pray now for all of our leaders in this city, God, just not this city, but around our nation, that you keep us, lead us, guide us, and direct us right now, God, in the name of Jesus. We thank you for this great city of Birmingham and all the things that are happening. And we're praying now for uh mayor uh councils, God, and all of our leaders of the city uh that things uh happen will happen in and in your direction the way that you would have them to go. Lord bless each and every one of them, give them wisdom, knowledge, and understanding right now, God. Uh Lord, we ask right now that you just not allow us to just make good decisions but God decisions and every decision that is made that it would benefit your people. Lord, we ask you that you will cover our city right now, bind every enemy that comes against it right now, and God let us walk in your will and in your way, and let this day's session, God, be remarkable. God, let it be commendable in the name of Jesus. Allow this leadership team to collaborate and communicate on all the things that they need to work together on to move this city forward continuously. God, this we ask in Jesus' name and for his sake, we pray, amen. To the flag of the United States of America and to a republic for witness, one nation under God, indivisible with liberty and justice for all. Thank you very much, Bishop Mullins, for that thoughtful prayer, and thank you, Councilor Pro Tate for leading us in the pledge. Good morning, Mr. Clerk. Morning. If you'll call the role, please. Councilmember Gunn. Good morning. Morning, sir. Councilmember O'Quinn. Good morning. Councilmember Smith. Councilmember Smithman. Morning. Councilmember Vasa. Morning. Councilmember Williams. Councilmember Woods. Good morning. Council President Pro Tim Tate. Morning. Good morning. Council President Alexander. President, thank you. At this time, we have communications from the mayor. Good morning. Madam President, good morning to you. Good morning to the entire council. It's good to see each of you this morning.

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