Birmingham City Council Regular Meeting - June 9, 2026

The Birmingham City Council convened on June 9, 2026, at 9:40 AM for a regular meeting that included approval of a consent agenda, several routine items, and a lengthy public hearing on a proposed data center zoning ordinance. The meeting lasted until late afternoon, with the council ultimately passing the ordinance after extensive debate and public testimony.

Consent Calendar

• Approved the consent agenda with modifications: item 23 (Jones Valley Teaching Farm agreement) removed and later passed separately; item 77 added to consent; item 62 (property at 444 1st Street North) removed and later withdrawn. The consent agenda included routine approvals for contracts, appointments, and other non-controversial items.

Public Comments & Testimony

• Over 40 members of the public spoke during the public hearing on the proposed data center zoning ordinance. Nearly all speakers expressed opposition to removing the special exception requirement, requested stronger protections, and urged the council to delay the vote. Key positions included:
  • David Butler (resident) expressed opposition to removing the special exception and argued that noise cannot be eliminated; he urged including specific noise limits and a 1,000-foot setback.
  • Olivia Thompson (resident) opposed the 500-foot setback, stating it was inadequate and that data centers should not be placed in residential areas without community input.
  • Lauren Gibson (resident) called for restoring the special exception requirement across all districts, arguing it provides citizens with the right to notice, appearance, and evidence presentation.
  • John Hilly (resident) requested enforceable numerical noise limits and questioned the 500-foot setback versus 1,000 feet for transit stations.
  • Cherie Bishop (resident) asked for independent baseline environmental testing before construction and independent monitoring afterward, including air, water, and soil.
  • Dr. Russell Johnson (Chief Medical Officer, Greater Birmingham Humane Society) expressed concern that noise studies use A-weighted decibels that do not account for animal hearing; he urged the council to require studies measuring what animals and sensitive populations can hear.
  • Alison Black Cornelius (CEO, Greater Birmingham Humane Society) shared a personal story about the importance of special exceptions and urged the council to restore that requirement.
  • Several speakers from environmental and community organizations (e.g., Black Warrior Riverkeeper, Southern Environmental Law Center, Alabama Rivers Alliance) supported the ordinance but called for public participation through the special exception process.
  • Multiple residents asked the council to consider the impacts on property values, utility costs, and health, and questioned whether council members would support such a facility in their own neighborhoods.

Discussion Items

• Jones Valley Teaching Farm Agreement (Item 23): Councilor O'Quinn requested removal from consent; the resolution authorized $56,000 for community-based educational workshops. Passed unanimously.
• Appointment to Parks and Recreation Board (Item 33): Councilor Smith presented Demetri Carpenter for a term expiring October 8, 2026. Passed.
• Demolition Assessment (Item 62): At the request of the administration, item 62 (a special assessment for demolition at 444 1st Street North for $6,685.60) was withdrawn.
• Zoning Map Amendment (Item 2): A rezoning from I4 to QI1 at 101 Saraton Drive North to construct a convenience store with drive-thru. Staff reported the neighborhood voted 15-0 in favor. Passed.
• Data Center Zoning Ordinance (Item 1): The main agenda item. Staff (Hunter Gerson, Kim Spurl) presented a comprehensive ordinance defining data center types and establishing 20 protections for hyperscale data centers, including closed-loop cooling, 500-foot residential setback, 1,000-foot transit station setback, five-acre minimum lot size, notification to property owners within 500 feet, and prohibition of on-site power generation from gas turbines or diesel generators. The ordinance removed the special exception requirement for hyperscale data centers (originally in the draft) in favor of a pre-permit process with certified mail notification and a required public meeting before incentives are given. Council members questioned noise regulation (to be handled via separate noise ordinance update), definitions, and notification details. Public testimony lasted several hours. Council President Alexander clarified that if the ordinance was not passed, existing projects exempt from the moratorium could expand without complying with the new rules. Councilor Smith asked about a complete ban; staff stated it is not legally possible. After debate, the vote was taken.

Key Outcomes

• Data Center Zoning Ordinance (Item 1): Passed (8-1, with Council President Alexander voting no). The ordinance establishes regulatory framework for data centers, including definitions and 20 conditions for hyperscale facilities. It removes the special exception requirement but includes notification, public meeting triggers, and continued public hearing opportunities through other regulatory processes (e.g., subdivision committee, I-3 zoning, Oxmoor Steering Committee, variance requests). The council indicated willingness to consider future amendments based on feedback.
• Moratorium Impact: The temporary suspension on new data center development (enacted March 3, 2026) remains in effect until the ordinance is in force; however, projects with vested rights prior to March 3 are exempt and may expand without new restrictions unless the ordinance is passed.
• Other Actions: The meeting adjourned after the data center vote; no additional community voices were heard due to the late hour.