City Council approves ordinance for short-term rentals

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The Mountain Brook City Council on Monday night approved an ordinance that sets the minimum time period for short-term rentals. The ordinance, which amended Chapter 129 of the City Code, makes it unlawful to rent out — or advertise the rental of — a Mountain Brook residence for less than 30 consecutive days. 

The purpose of the decision, as outlined in the ordinance, is to protect the public health, safety and welfare while upholding the city's standards in regard to residentially zoned property.

“What the city has done with this ordinance is try to get a little ahead," Council President Virginia Smith said. 

Short-term rentals in residential areas like Mountain Brook have recently become more common due to the rise in popularity of online marketplaces like Airbnb and VRBO, which stands for Vacation Rentals By Owner. Until tonight, the city lacked regulations that fully addressed the situation. The matter was previously discussed at a June city council meeting, July work session and August planning commission meeting.

One resident said he is particularly thankful a rule is now in place. 

Chad Simmons is a father of three who lives on Hunters Lane. He spoke at the public hearing that preceded the council's vote approving the ordinance. Simmons said the operation of a short-term rental in his neighborhood has changed its character, which he described as tight knit. 

Simmons recounted a recent scene in which his son asked him if it was safe to go outside and play basketball in the front yard. Because of someone staying in a nearby rental, Simmons said he didn't know how to respond. Across the street, the renter sat on the curb for about 30 to 45 minutes waiting for a car to pick him up. Simmons had never seen the person before, and that made him hesitant to give his son the green light.

He said this was not an isolated scenario. New faces have been popping in and out of the neighborhood every few days, he said, which made him worry about his children's safety. 

After the meeting, Simmons said that if he wanted to live across the street from a hotel, he would have — and could have for a lot less money. He also pointed out that Homewood has instituted a measure that sets the minimum short-term rental period at 90 days. 

Sue Feldman, who operates the short-term rental in her residence on Hunters Lane, spoke after Simmons during the public hearing. She said the situation Simmons described wasn't fully accurate, and she characterized comments like his as bordering on prejudicial. Previously, she told the city planning commission she was in favor of ordinances, but as long as they were "driven by facts and not fear." 

Feldman said she went through the proper steps to obtain a business license, and she cited the extensive vetting measures that are in place to safeguard homeowners, short-term renters and, by turn, neighbors. 

“We are there when people are there," Feldman said. "We don’t want to maintain an unsafe environment for us or anyone else."

After the ordinance's passing, Simmons said he was optimistic it would help mitigate and hopefully resolve the issue. 

"This should do away with it," he said. 

Before the council began its regular meeting, it met for a pre-council meeting to discuss three topics, including the bid status for the Jemison Park pedestrian bridge. The council announced it decided to extend the bid period for two more weeks. Currently, Morris-Shea Building has submitted the lowest bid, at $225,000.

The council also discussed a list of streets and intersections that are candidates to be reviewed under the APPLE grant. No definitive decisions were made, but Richard Caudle of Skipper Consultants presented numerous suggestions. Lastly, the council considered a conditional use application submitted by ARC Realty to open a conditional use at a location at 2718 Cahaba Road in Mountain Brook Village. This item was added to the consent agenda and approved during regular council. 

The next city council meeting will be held Sept. 25. 

On Monday night, the council also: 

  • Proclaimed the city's participation in "A State of Teal" campaign, which declares September 2017 as Gynecologic Cancer Awareness Month.
  • Proclaimed Sept. 17-23 as Constitution Week in Mountain Brook.
  • Proclaimed Oct. 7 as Trigeminal Neuralgia Awareness Day
  • Approved minutes from the Aug. 28 council meeting
  • Approved a resolution declaring certain personal property surplus and authorizing its sale at public auction. Items include video cameras, cables, wires and monitors.
  • Approved a resolution amending the city's granted leave without pay policy. The resolution addresses the terms of and an employee's eligibility for the continuation of benefits during an unpaid leave of absence. 
  • Approved a resolution authorizing the execution of a petition for vacation with respect to the cul-de-sac on the west end of Ridge Crest Road.
  • Approved a resolution setting a public hearing for Oct. 23, 2017, at 7 p.m. to consider the vacation of the cul-de-sac on the west end of Ridge Crest Road.
  • Approved a resolution authorizing the execution of amendments to the various facilities maintenance agreements with respect to the costs of improvements to the junior high playing field and high school baseball field and related reimbursements by the various associations that use these facilities. Details will be delivered upon completion. Terms of the cost sharing agreement were previously agreed to.