Forest Park / South Avondale July Brush and Trash Pick Up will be on Wednesday, July 21st.

Missed Pick-up - Dial 311

Report Illegal Dumping - Dial 311

July 6th Meeting Notes

Forest Park South Avondale Neighborhood Association Meeting

July 6, 2021

Avondale Elementary

The meeting was called to order by Jeff McGee, President, at 6:30pm.

Captain Harry Greenberg, Southside Precinct Commander, spoke to the neighborhood. According to Capt. Greenberg, the property crimes which plague our neighborhood, car break-ins and theft of porch deliveries, are our biggest problem. He encourages neighbors to call police if they see anything suspicious. NextDoor is great for alerting neighbors but you should ALSO call the police - give the police a chance to be a deterrent before a crime has occurred. In addition, he asks that neighbors be good witnesses but do not try and be heroes by confronting unknown/unpredictable suspicious people. Capt. Greenberg noted that personal security cameras have been extremely helpful in their crime investigations, from pictures of license plates to pictures of suspects. The best number to call to report suspicious behavior is (205)328-9311 or 911. The Birmingham Police Department has an app available on the App Store which allows users to file police reports, view crime statistics, etc. When questioned about police coordination with mental health professionals, Capt. Greenberg discussed the challenges of policing the homeless. He cited the Community Service Officer (CSO) program as well as Project Hope. In response to a question about recent car thefts, Capt. Greenberg said car thefts are actually down and he sees a far greater incidence of car break-ins. He again encouraged personal security cameras.

Four representatives from the Fire Department attended the meeting. Sergeant Mullins addressed neighbors. He cautioned neighbors about on-street parking. They drive a 40’ long engine. The challenge of trying to squeeze through streets where neighbors are parked on both sides of the road takes a lot of time, and in an emergency can slow their ability to respond. Please make an effort to be cognizant of where you park, especially on those roads with curves where backing up the engine is very difficult and time consuming.

No representative from the Birmingham Public Works was present this month.

Jeff McGee introduced three separate requests for retail Liquor Licenses

Joseph “Blake” Posey and Ali Randall of Juniper, 3811 Clairmont Ave, were present to request a Lounge Retail Liquor License. They described the new business as a timeless, elegant cocktail lounge, serving drinks, morsels and Brunch on the weekends. The hours will be 4-10:30pm during the week, and 10am-10:30pm on Sat/Sun. They will be renovating the space, including the back courtyard, and anticipate opening Sept/Oct, 2021. The Advisory Board recommended approval of their request for license. John Forney made a motion to approve Juniper’s request for a Lounge Retail Liquor License. Donna Simms seconded the motion. The motion passed unanimously.

Jay Smith spoke on behalf of new business, Ferus on 41st, 430 41st St So, requesting a Restaurant Retail Liquor License. The applicant, Coby Lake, will be modeling the new business after his successful restaurant in Trussville, with bar/restaurant within and beer garden outside. The Advisory Board recommended approval of the request. Lee Walthall made a motion to approve Ferus’s request for a Restaurant Retail Liquor License. Donna Florio seconded the motion. The motion passed with all in favor.

Jay Smith again spoke on behalf of music venue Saturn, 200 41st St So, requesting a Lounge Retail Liquor License. Saturn had temporarily closed because of Covid restrictions, and is now reopening with a partial change in ownership. As a result, they must reapply for a license. The Advisory Board recommended approval of their request for license. Susan Colvin made a motion to approve Saturn’s request for a Lounge Retail Liquor License. Pat Lavette seconded the motion. The motion passed unanimously.

Neal Flum updated neighbors on the Friends of Avondale Park (FOAP) happenings. They currently have 318 members. FOAP had a successful cleanup day on Sat, July 3rd, followed by a wonderful July 4th concert. 250 folks enjoyed a wonderful acoustic concert without amplification. Don’t forget the Car Show is July 17th (moved from June 19th due to weather). Free to all, with food truck and give-aways. The restored Miss Fancy is up and running with solar powered lights and water feature. Thanks to Claire Parker for her holiday decor- look to see Miss Fancy dress up for future holidays. Three Eagle Scout projects are currently underway in the Park including bird house installation, trail clearing and erosion repair. Yoga in the Park is coming, free to the Public, on July 25th. A new bench has been installed honoring Dr Danny Michael and Dr Barry Michael. For more information and membership, visit avondalepark.org

Mr Flum was questioned regarding past funding for tennis courts. Unaware of such, he promised to do some investigating in the accounts. He was also questioned regarding the rose garden project. That project has been temporarily suspended and a new committee is being formed to decide best practices for the overall Park design/plan.

Jeff McGee reminded us of last month’s discussion of short term rental properties and the NA’s vote to draft a resolution to the attention of City Officials stating our position. Jay Smith, Vice President, who assisted Alton Parker in drafting the resolution, read the resolution into the minutes:

RESOLUTION

OF THE

FOREST PARK SOUTH AVONDALE NEIGHBORHOOD ASSOCIATION

AVONDALE ELEMENTARY SCHOOL

June 8, 2021

WHEREAS, at its regular meeting on June 8, 2021, the Forest Park South Avondale Neighborhood Association (FPSA) was presented with evidence that a house at 1021 43rd Pl., South (the “Subject Property”) was being used as an Airbnb rental and was being advertised on the Internet through Airbnb's website as such; and

WHEREAS, neighbors of the Subject Property, as well as neighbors of other short-term rental properties, complained that renters unreasonably disturbed their peace and enjoyment of the FPSA Neighborhood; and

WHEREAS, additional information was presented that there are several Airbnb listings claiming to be in the FPSA Neighborhood; and

WHEREAS, the City of Birmingham zoning ordinance prohibits operation of business enterprises in D-3/R-3 zoning and specifically prohibits the lodging businesses described as "Hotel" or "Bed and Breakfast" operations in D-3/R-3 zoning districts: and

WHEREAS, short-term rental operations such as Airbnb and VRBO are engaged in operating such prohibited lodging businesses; and

WHEREAS, after extended and extensive discussion, the overwhelming majority of those present at the June 8, 2021, meeting agreed that the presence of short-term rentals in R-3 or D-3 zoning classifications violated the City of Birmingham Zoning Ordinance; and

WHEREAS, the presence of such short-term rental uses in single family districts are disruptive to the neighborhoods and tend to devalue the surrounding residences; and

WHEREAS, council members Valerie Abbott and Darrell O'Quinn, who represent significant parts of the FPSA Neighborhood, agreed that the presence of short term rentals in R-3 and D-3 zoning districts was prohibited by the City of Birmingham zoning ordinance; and

WHEREAS, a motion was made and seconded that the following resolution be adopted and the same was adopted by an overwhelming number of the full house at the meeting who voted in favor of the motion, with two opposed;

NOW THEREFORE BE IT RESOLVED:

That Randall Woodfin, Mayor of the City of Birmingham, rigorously enforce the Birmingham Zoning Ordinance to prohibit short-term rental operations such as Airbnb and VRBO in all single-family R-3 and D-3 residential neighborhoods; and

That Mayor Woodfin immediately direct the zoning enforcement staff to undertake such investigations and enforcement actions as may be necessary to prohibit short term rentals in the single-family residential districts of the FPSA Neighborhood by short-term rental operations such as Airbnb and VRBO, as well as the owners of such residences.

Adopted this the 8th day of June, 2021

_______________________________

Elizabeth Crawford

Secretary

CC: Mayor Randall Woodfin

Councilor Valerie Abbott

Councilor Darrell O'Quinn

Planning and Zoning Commission Members

Jeff McGee, President

Jay Smith, Vice President

In response to a question as to how we define short term rental, Jay said there is a general understanding that this refers to retail rentals and Jeff McGee stated less than 30 days. Pat Lavette spoke of a meeting he and Lee Walthall had with Tim Gambrel and others from the Planning and Zoning Board. Even though we have no specific ordinance in the City of Birmingham regarding short-term rentals, if there is a violation of zoning, Mr Gambrel assures that the City will follow up and investigate. As for the 43rd PL residence, Mr Lavette reports those owners have slowed down on their bookings and seem to be responsive to neighbor concerns. Neighbors promise continued vigilance. Jeff McGee explained that the Resolution has been voted on and passed by the neighborhood. It will now be distributed to the Mayor, our City Councilors, the Planning and Zoning Commission, and our neighborhood officers by the neighborhood secretary, Elizabeth Crawford.

Jeff McGee noted that Mary Boehm is out of town and sends her regrets. He expressed our continued appreciation for Avondale Elementary’s generous hosting of our meeting. We hope to return to Avondale Library for our meeting next month if their staffing allows for it. The Library will welcome us back just as soon as they are able.

District 3 City Councilor Valerie Abbott updated neighbors on Council business. The Recovery Act funding discussion got postponed, but lots of suggestions for use of the funds have been submitted. She and Councilor O’Quinn share the priority that the funds be used to make a lasting impact on the City. Councilor Abbott is promoting storm sewer repair and storm water run off eradication for funding. As an example, she detailed how the Virginia Samford Theatre has flooding on their first floor every time we have a large rain. She also supports Councilor O’Quinn’s suggestion for funding the Birmingham Land Bank Authority to reclaim blighted neighborhood blocks, and eliminate the waste of millions of taxpayer dollars spent on mowing these lots. She explained that tax delinquent properties are practically free for those who will take them, clear them and build on them. To find out more information on what properties are in the Land Bank and how to acquire them, consult birminghamlandbank.org

District 5 City Councilor Darrell O’Quinn further elaborated on funding the Birmingham Land Bank Authority with the Recovery Act grant. He sees great opportunities for home ownership, building generational wealth, with the redevelopment of the 20,000+ tax delinquent properties the City now owns. Every year he sees the City spend $5mil cutting grass and demolishing abandoned structures. This huge burden on the City has only increased as the State Legislature changed the law to make properties land bank eligible after 3 years of non payment of taxes. The Recovery Act funding is meant to address the impact of Covid and Councilor O’Quinn believes those who may have become homeless or are at risk of becoming homeless as a result of the economic downturn could benefit from this opportunity. Councilor O’Quinn introduced his wife, Kristina O’Quinn, and gave her credit for making his civic efforts succeed. He also thanked John Forney for adding the 41st St Project to the City’s Recovery Act suggestion list. The Mayor’s office has said the total for the ideas suggested is around $2bil, but lots of ideas is a great problem to have. The list will now be examined to see what suggestions meet the American Rescue Plan requirements.

Neighbors living on 39th St questioned the Councilors as to what help they can offer to control the dangerous speeding on their street. (The street is divided between District 3 and 5). Discussion noted that the traffic chicanes and candlesticks have been ineffective, and neighbors expressed their wish for speed tables/barriers as traffic calming solutions. A discussion about funding such solutions followed, with both Councilors saying they would support funding the installation, but Councilor Abbott said the problem is Citywide, and she expects the neighborhood will be asked to share in the expense. Councilor O’Quinn reminds everyone to stay on top of their elected officials to get things done (“the squeaky wheel”). His office number is 205-254-2679. Councilor Abbott’s number is 205-254-2355. Jeff McGee reminded neighbors that our City Councilors are the exception to all other Council Members — our City Councilors visit our neighborhood meeting every month allowing us amazing access to them. They also visit the Association Meeting of every other neighborhood they represent on a monthly basis. No other Councilors do that. We are very fortunate. It was also noted that there are other elected officials that we never see at these meeting who also have public funds available to them, and we should not overlook them. The Councilors were thanked for their service.

There being no further business, the meeting adjourned at 7:40pm.

Respectfully submitted,

Elizabeth Crawford

Secretary

The South Precinct non emergency number is 254-2793

Forest Park and Avondale Park Historic Districts

Design Review Information

When applying for a building/construction permit, the City's database will alert the clerk if your address is within one of the City's historic districts. If you reside in one of the City's historic districts, construction / renovation projects will likely be subject to Birmingham's design review process. Forest Park / South Avondale Neighborhood has two historically designated districts (Forest Park and Avondale Park). These districts are subject to design review when new construction, renovation, repair, and remodel projects affecting the exterior of any structure located within the historic district boundaries. Research has show that property values are greater for homes located in historic districts, especially districts that are subject to design review.

When City permitting personnel determines that your proposed renovation/construction project is within a historic district, you will be referred to City's design review personnel for a determination if the repairs, construction etc. are subject to review by the City and local design review committees.

If your case is subject to design review, you will be given a date to present your case to the City's design review committee. You will also be referred to your local "Neighborhood" committee for review. The local committee will schedule your case prior to the date set for review by the City's committee.

Local design review committees are made up of historic district residents with the requirement that at least 2 members of the committee are architects. Local committees make findings and recommendations that are submitted to the City committee. The findings and recommendations of the local committee are binding and can only be overturned by a two thirds majority of the City's design review committee.

As a work of caution, if you think your residence is located within one of Forest Park / South Avondale Neighborhood's Historic Districts, DO NOT purchase materials or commence exterior renovations/construction prior to a determination whether your project is subject to the City's design review process. If your materials / design are not approved during the process, you may not be able to recoup the expense for materials and / or construction labor.