Birmingham City Council Regular Meeting - April 28, 2026

The Birmingham City Council held its regular meeting on April 28, 2026, at 9:30 AM in the Council Chambers. The meeting included a pre-council that was cancelled due to lack of quorum. The regular meeting featured a public hearing on a proposed zoning ordinance to regulate data centers, the approval of a consent agenda covering numerous routine items, and several other actions. Mayor Randall Woodfin made announcements regarding fire prevention, domestic violence resources, and upcoming community events. The council also recognized the Sigma Beta Club and heard presentations from community organizations.

Consent Calendar

• Resolution 896-26 (as amended): Authorized abatement of nuisances on over 100 properties across the city, with costs assessed as liens. One property (EEN2026-01120) was withdrawn from the list.
• Resolutions 897-26 through 903-26: Declared eight inoperable motor vehicles as public nuisances and authorized their removal.
• Resolution 904-26: Authorized the Mayor to apply for a $2,500 Alabama Humanities Alliance Mini Grant for the Worlds With Writers initiative at the A.G. Gaston Motel.
• Resolution 905-26: Approved an amendment to the contract with Gtechna USA Corporation correcting internal references.
• Resolution 906-26: Authorized a second amendment with Interpersonal Frequency, LLC for ADA website remediation, adding $5,000 for FY26 and $32,550 for FY27, for a total not to exceed $1,170,686.
• Resolution 907-26: Approved a one-year agreement with Magnet Forensics, LLC for digital forensic software (GrayKey and AXOIM) not to exceed $61,395.
• Resolution 908-26: Authorized application for FY2026 Safe Streets and Roads for All grant ($10,000,000, 80/20 match) for traffic signal upgrades to meet PROWAG requirements.
• Resolution 909-26: Accepted dedication of right-of-way for the U.S. Coast Guard Birmingham Campus (900 Arkadelphia Road).
• Resolution 910-26: Amended Resolution 678-26 to correct the Birmingham Folk Festival funding amount from $10,000 to $12,000.
• Resolution 911-26: Authorized a settlement with Infor, LLC for $84,615.30 for user license overages.
• Resolutions 912-26 through 915-26: Authorized settlements for lawsuits: Cal-Ark International ($62,328.08), Kenisha Germany ($72,500), Affinity Hospital/Grandview Hospital (tax settlement), and a workers' compensation claim ($11,419.11).
• Resolution 916-26: Accepted the bid of Southeastern Sealcoating, Inc. ($326,741.80) for 5th Avenue South at 32nd Street Drainage Improvements.
• Resolution 917-26: Amended a previous weed abatement assessment to remove 4804 30th Way North due to the property being undeveloped.
• Resolutions 918-26 through 924-26: Approved payments to various vendors for library services, office furniture, pool chemicals, chairs, and other supplies.
• Resolutions 925-26 through 929-26: Approved expense accounts and advanced expense accounts for officials and employees.
• Ordinance 26-48: Amended the General Fund and Neighborhood Fund budgets, transferring $6,000 from District 2 discretionary funds to appropriate $2,000 each to Roebuck Springs, Crestwood South, and South Eastlake Neighborhood Associations.
• Item 11 (Sidewalk Master Plan agreement with ALDOT) was withdrawn.

Public Comments & Testimony

• Public Hearing on Data Center Zoning Ordinance (Item 1): The council opened a public hearing on proposed amendments to the zoning code to regulate data centers. Several speakers addressed the council:
  • David Craig (Oxmoor Valley resident) expressed support, citing economic opportunities and the need for good jobs.
  • Charles Miller (Alabama Rivers Alliance) supported the ordinance but urged a 1,000-foot setback from residential areas instead of the proposed 500 feet.
  • Rob Sansom (Grand at Oxmoor resident) noted three gaps: the 30 MW threshold for hyperscale classification is too high; medium data centers lack noise and lighting standards; the noise study requirement has no quantitative limits. He recommended lowering the threshold to 10 MW and adding standards.
  • Jay Reed (ABC, AGC, BCIA) encouraged a message that Birmingham is open for business.
  • Terry Chapman (Birmingham Business Alliance) recommended a delay to benchmark against other cities and engage experts.
  • Barbara Jackson (GASP) requested consideration of cumulative impacts on distressed communities, especially regarding gas generators.
  • Trevor Sutton (Birmingham Business Alliance) urged caution on provisions that could discourage development, suggesting more time for expert input.
  • Ryan Anderson (Southern Environmental Law Center) praised the process and supported the ordinance, but advocated for a 1,000-foot setback and application of protections to all data centers.
  • Stephanie Salvago (Highland Avenue resident) questioned the stakeholder meeting invitee list and requested minutes.
  • Other speakers, including residents, artists, and environmental advocates, raised concerns about water usage, chemical disposal, noise, and the need for stronger protections. Several requested a 1,000-foot setback, lower megawatt thresholds, and inclusion of medium data centers in noise/lighting standards.

Discussion Items

• Data Center Zoning Ordinance (Item 1): Staff from Planning, Engineering and Permits and the Mayor's Office of Resilience and Sustainability presented an overview of the draft ordinance. The ordinance defines data center types (fiber hut, accessory, micro, medium, hyperscale) and establishes conditions including setbacks, noise studies, lighting, stormwater management, prohibition of on-site power generation (except solar), and closed-loop cooling systems. The Planning Commission and Planning and Zoning Committee recommended that hyperscale data centers be allowed by special exception in I-1 and MXD-C3 districts. Council members asked questions about setback distances, enforcement, water discharge, and compliance. Following public comment, Councilor O'Quinn moved to defer the item for one week to consider amendments; after discussion, the motion was amended to a two-week deferral to allow staff time to review comments and return with revised language. The item will be back on the agenda on May 12, 2026.
• Electronic Signatures Ordinance (Item 10): Ordinance 26-49, authorizing city departments to use electronic records and signatures, was introduced and passed on first reading with a unanimous vote (8-0). The ordinance requires the Information Management Services Department to develop policies and the City Clerk to oversee retention.
• Library Board Appointments (Item 24): Resolution 930-26, appointing Niaya Nelms and Sam South to the Birmingham Public Library Board for terms expiring December 31, 2030, was adopted unanimously.
• Other Items: The council received communication from the City Clerk regarding a final judgment in Justin Stallworth v. City of Birmingham (outstanding $512.16 in post-judgment interest).

Key Outcomes

• Data Center Ordinance Deferred: The proposed zoning amendments (Item 1) were deferred for two weeks, to the regular meeting on May 12, 2026. Staff will consider public comments and may propose revisions. A separate resolution to set a new public hearing will be placed on the May 5 agenda if changes are made.
• Consent Agenda Approved: All consent items (resolutions and ordinances) were adopted as a single motion, with the exception of withdrawn items. The vote was 8-0.
• Electronic Signatures Ordinance Passed: Ordinance 26-49 passed on first reading with a unanimous vote, allowing city departments to use electronic signatures and records.
• Library Board Appointments Approved: Resolution 930-26 passed unanimously, appointing two new members to the Library Board.
• Zoning Amendment (Item 1) Not Voted: The ordinance to amend the Zoning Ordinance (Title 1) was deferred without a vote.