Attachment to Answer.pdf

Scott Ciemniecki Petitioner V City Of Birmingham Respondent · 26-002794-TT

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1 March 23, 2026 

 

 

 

 

City Commission Minutes 

Monday, March 23, 2026 - 7:00 p.m.

151 Martin Street, Birmingham 

City Commission Room 205 

Vimeo Link: https://vimeo.com/event/3470 

_________________________________________________ 

 

1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 

Clinton Baller, Mayor, opened the meeting with the Pledge of Allegiance. 

 

2. ROLL CALL 

City Clerk Bingham called the roll. 

 

Present: 

Mayor Clinton Baller 

 

 

Mayor Pro Tem Anthony Long 

 

 

Commissioner Andrew Haig 

Commissioner Brad Host 

Commissioner Kevin Kozlowski 

Commissioner William Kolb 

Commissioner Therese Longe 

 

Absent: 

None 

 

Staff: 

City Manager Ecker; Fire Chief Bartalino, City Clerk Bingham, City Planner Blizinski, City 

Engineer Coatta, Assistant City Manager Fairbairn, Planning Director Dupuis, Police Chief 

Grewe, Deputy Treasurer Katz, City Attorney Kucharek 

 

3. PROCLAMATIONS, CONGRATULATORY RESOLUTIONS, AWARDS, APPOINTMENTS, 

RESIGNATIONS AND CONFIRMATIONS, ADMINISTRATION OF OATHS, INTRODUCTION OF 

GUESTS AND ANNOUNCEMENTS. 

 

ANNOUNCEMENTS 

 

Regarding Antisemitism and the March 13, 2026 Attack on Temple Israel in West Bloomfield 

 

Birmingham Historic Preservation Master Plan Receives Award from Michigan Historic Preservation 

Network 

 

Happy Birthday Mayor Baller 

 

APPOINTMENTS 

 

03-059-26 

Planning Board 

 

Ms. Whipple-Boyce was interviewed for the appointment. 

 

MOTION: Motion by Long: 

To appoint Janelle Whipple-Boyce as a regular member to the Planning Board to serve a three- 

year term to expire March 28, 2029 

 

VOICE VOTE 

Ayes: Haig, Long, Host, Longe, Baller, Kozlowski, Kolb 

Nays: None 

Recused: None

2 March 23, 2026 

 

CC Bingham swore in Ms. Whipple-Boyce. 

 

4. OPEN TO THE PUBLIC FOR MATTERS NOT ON THE AGENDA 

 

David Bloom commented regarding the former parking assessment district, the negative impacts of 

antisemitism, the importance of collegial relations between City government and Commissioners, and a 

vintage store relocating to Birmingham due to the high level of foot traffic. 

 

Mike Clift commented regarding keeping the pool operational at 400 E. Lincoln and the resulting 

economic value to the community from doing so. 

 

Jeff Hofeltz commented concerns about a Dollar Tree potentially replacing the CVS. 

 

03-060-26 

To Move Item H2 to be Addressed Presently 

 

MOTION: Motion by Long, seconded by Kolb: 

To move Item H2 on the agenda, Birmingham Police Department's Position on Immigration 

Enforcement, up on the agenda to be heard now. 

 

VOICE VOTE 

Ayes: Haig, Long, Host, Longe, Baller, Kozlowski, Kolb 

Nays: None 

Recused: None 

03-061-26 

Birmingham Police Department's Position on Immigration Enforcement 

 

PC Grewe presented the item and answered questions. 

 

Public Comment 

Lila Brickner commented concern about the effects of Immigration and Customs Enforcement (ICE) 

operations and encouraged the City to publicize its intended approach to potential (ICE) operations 

within the City. 

 

Stacy Schreiber supported the Police Department's stated approach to potential ICE operations within 

the City and commented regarding this approach’s applicability to all people within Birmingham. 

 

Mr. Clift commented concerns regarding ICE agents operating without uniforms or badges within the 

City. 

 

Charles Mcintyre concurred with the other commenters on the item and supported the Police 

Department's stated approach to potential ICE operations within the City. 

 

MOTION: Motion by Long, seconded by Host: 

To make a motion adopting a resolution to support the Birmingham Police Department's position to 

comply with all applicable local, state, and federal laws while providing compassionate and equitable 

police services to all those who live, work, and travel in our community. Furthermore, to support the 

Police Department's refusal to work with federal law enforcement for the sole purpose of immigration 

enforcement and the department's position to not participate in a 287(g) agreement. 

 

VOICE VOTE 

Ayes: Haig, Long, Host, Longe, Baller, Kozlowski, Kolb 

Nays: None 

Recused: None

3 March 23, 2026 

5. CONSENT AGENDA 

 

03-062-26 

Consent Agenda 

 

MOTION: Motion by Long, seconded by Haig: 

To move the consent agenda including Items A through G. 

 

ROLL CALL VOTE 

Ayes: Haig, Longe, Baller, Host, Kozlowski, Kolb, Long 

Nays: None 

Recused: None 

 

A. Resolution to approve the City Commission workshop meeting minutes of March 9, 2026. 

 

B. Resolution to approve the City Commission regular meeting minutes of March 9, 2026. 

 

C. Resolution to approve the warrant list, including Automated Clearing House payments dated 

March 11, 2026, in the amount of $5,393,399.61. 

 

D. Resolution to approve the warrant list, including Automated Clearing House payments dated 

March 18, 2026, in the amount of $843,554.19. 

 

E. Resolution to set a public hearing date of April 13, 2026 to consider the Special Land Use Permit, 

Final Site Plan & Design Review application for 211 Hamilton Row - No 28. 

 

F. Resolution to approve the City's emergency operations plan promulgation document. Further, to 

direct the Mayor, City Manager, and Fire Chief to sign the document on behalf of the City. 

 

G. Resolution to accept the resignation of Mayor Pro Tem Anthony Long from the City Commission 

effective on April 13, 2026 at the end portion of the City Commission meeting, to thank him for 

his service and to direct the City Clerk to begin the process of filling the vacancy. 

 

6. CITY MANAGER’S REPORT 

 

CM Ecker presented the report. 

 

Commissioners made the following comments: 

 The Celebrate Birmingham Hometown Parade and Party will be Sunday, May 17th, at 1 p.m. 

 For the artificial intelligence (AI) phone answering systems, ensuring that there is a clear 

‘out pathway’ to speak to a person throughout the phone call will be important. Many AI 

phone answering systems fail because of our pathway issues. 

 The City should publicize the bio of the new golf pro that will be working with the City. 

 

Public Comment 

Mr. Bloom supported the City in seeing if it might be able to offer some kind of support to an 

organization that might be able to operate the pool at 400 E. Lincoln, and opposed adding a 

sustainability fee to other parking fees. 

 

7. UNFINISHED BUSINESS 

 

Community Survey Updated Draft 

 

ACM Fairbairn presented the item. Staff and the team from Cobalt Community Research answered 

questions. 

 

Commissioners discussed the following regarding the item: 

 This was an iterative process and the work group's feedback was appropriately integrated 

into the present draft.

4 March 23, 2026 

 Question four, about perceptions of safety, should have a follow-up ‘why’ or ‘explain’ 

question. 

 The handwritten text boxes should be longer. 

 Alternatively, the text boxes do not need to be longer because the second half of longer 

comments on surveys tend to have less useful information. 

 Reasons for and against including questions about Woodward were provided. While the City 

does not control it, Woodward remains a significant source of concern for residents and 

omitting any mention of it might confuse the public. 

 Commission consensus was to include the Woodward questions as part of question six with 

an annotation clarifying that Woodward is a State road and that the City does not control it. 

 For question eight, ‘of the improved streets’ should be changed to ‘of the unimproved 

streets’. ‘Only’ should be changed to ‘partially’ or ‘primarily’ by. 

 While question eight may not provide as much data as the Commission may desire to start, 

it indicates where more granular data collection could be appropriate. 

 For question eight, ‘all’ could be changed to something like ‘where every resident helps to 

cover the costs of improving unimproved roads’, and the parenthetical could be removed. 

 For question eight, there could be a follow up about how much residents would be willing to 

pay annually to have the roads in Birmingham improved. This could provide a sense about 

the feasibility of a bond. Commission consensus was that figure ranges should likely be 

provided, and recommended by the work group. 

 There was some feeling that drinking water reliability is not a concern within Birmingham, 

and therefore a question about it would not likely yield useful data. 

 There was Commission consensus that the work group should recommend revisions to 

question 11 to allow for more open-ended comments about utilities, with specific phrasing 

to be determined. 

 The text box for question 20 should be changed to allow for open-ended comments 

regarding anything from questions 16 through 19. 

 For question 21, ‘Don’t know’ should be replaced with ‘Not applicable’ or ‘Not used’. 

 A resident submitted comments by email a few hours before the present meeting. Those 

comments should be reviewed for accuracy and possible integration as appropriate. One 

amendment that might be made from those comments could be changing the tax dollar 

graphic under ‘Planning and Future Considerations’ so that ‘Birmingham Public Schools’ 

reads ‘Schools’. 

 For question 25, the ‘Recreation programs’ questions should be done in age order. 

‘Municipal facilities’ should likely be changed to ‘municipal buildings’. 

 It seemed unlikely that ‘building inspection and permitting’ would likely be selected as a 

resident priority under question 25. It was unclear whether ‘attracting and supporting local 

businesses’ should be included since resident taxes do not fund those efforts. 

 There was some concern that the breadth of topics covered in question 25 might not deliver 

usable data. 

 There was Commission consensus that question 25 could use a bit more refinement. 

 Question 26 should ask about annual amounts instead of monthly amounts. The ranges 

should be scaled up accordingly. 

 For ‘How long have you been living in this community?’, the last option should be changed 

to 11+ years so as not to duplicate 10 years. 

 

8. NEW BUSINESS 

 

03-063-26 

 

Confirmation of SAD Roll 917 2026 Cape Seal Program 

 

The Mayor opened the public hearing at 8:58 p.m. 

 

DT Katz presented the item. 

 

John Deplanche, 450 Oak #202, commented his appreciation of the temporary patches done on Oak, 

supported more permanent solutions to the road surface on Oak, and supported diverting at least some 

truck traffic from Oak.

5 March 23, 2026 

Seeing no further public comment, the Mayor closed the public hearing at 9:05 p.m. 

 

MOTION: Motion by Long, seconded by Kolb: 

To make a motion adopting a resolution confirming special assessment roll 917 as follows: 

 

WHEREAS, Special Assessment Roll, designated Roll No. 917, has been heretofore prepared for 

Collection; and 

 

WHEREAS, notice was given pursuant to Section 94-7 of the City Code, to each owner or party-in-

interest of property to be assessed; and 

 

WHEREAS, the Commission has deemed it practicable to cause payment of the cost thereof to be made 

after the time of construction; and 

 

WHEREAS, the Commission Resolution 02-035-26 provided it would meet this 23rd day of March, 2026 

for the sole purpose of reviewing the assessment roll; and 

 

WHEREAS, at said hearing held this March 23, 2026, all those property owners or their representatives 

present have been given an opportunity to be heard specifically concerning costs appearing in said 

special assessment roll; 

 

NOW, THEREFORE, BE IT RESOLVED, that Special Assessment Roll No. 917 be in all things ratified and 

confirmed, and that the City Clerk be and is hereby instructed to endorse said roll, showing the date of 

confirmation thereof, and to certify said assessment roll to the City Treasurer for collection at or near 

the time of construction of the improvement. 

 

BE IT FURTHER RESOLVED, that the special assessment shall be payable in five (5) payments as 

provided in Section 94-10 of the Code of the City of Birmingham, with an annual interest rate of seven 

and three-quarters percent (7.75%) on all unpaid installments. 

 

The Sidwell number, street address, and cape seal assessment for each of the properties is located in 

section 8A on page 134, 135, 136, and 137 of tonight’s agenda. 

 

ROLL CALL VOTE 

Ayes: 

Haig, Long, Host, Kolb, Kozlowski, Baller, Longe 

Nays: 

None 

Recused: 

None 

 

03-064-26 

 

Public Hearing for Confirmation of the Roll - Bird Phase 1B Project 

Confirmation of the Roll for Special Assessment District Roll 918 

 

The Mayor opened the public hearing at 9:10 p.m. 

 

DT Katz presented the item. 

 

Seeing no public comment, the Mayor closed the public hearing at 9:11 p.m. 

 

MOTION: Motion by Longe, seconded by Kolb: 

To make a motion adopting a resolution confirming special assessment roll 918 as follows: 

 

WHEREAS, Special Assessment Roll, designated Roll No. 918, has been heretofore prepared for 

Collection; and 

 

WHEREAS, notice was given pursuant to Section 94-7 of the City Code, to each owner or party-in-

interest of property to be assessed; and 

 

WHEREAS, the Commission has deemed it practicable to cause payment of the cost thereof to be made 

after the time of construction; and

6 March 23, 2026 

 

WHEREAS, the Commission Resolution 03-051-26 provided it would meet this 23rd day of March, 2026 

for the sole purpose of reviewing the assessment roll; and 

 

WHEREAS, at said hearing held this March 23, 2026, all those property owners or their representatives 

present have been given an opportunity to be heard specifically concerning costs appearing in said 

special assessment roll; 

 

NOW, THEREFORE, BE IT RESOLVED, that Special Assessment Roll No. 918 be in all things ratified and 

confirmed, and that the City Clerk be and is hereby instructed to endorse said roll, showing the date of 

confirmation thereof, and to certify said assessment roll to the City Treasurer for collection at or near 

the time of construction of the improvement. 

 

BE IT FURTHER RESOLVED, that the special assessment shall be payable in five (5) payments as 

provided in Section 94-10 of the Code of the City of Birmingham, with an annual interest rate of seven 

and three-quarters percent (7.75%) on all unpaid installments. 

 

The Sidwell numbers, street addresses, estimated water SAD costs, and estimated sewer SAD costs can 

be found in tonight's agenda Section 8B, pages 190 and 191. 

 

ROLL CALL VOTE 

Ayes: 

Haig, Long, Host, Kolb, Kozlowski, Baller, Longe 

Nays: 

None 

Recused: 

None 

 

03-065-26 

 

Special Land Use Permit, Final Site Plan & Design Review for 

600 N. Old Woodward Suites 101 & 203 — Old World Pizzeria 

 

The Mayor opened the public hearing at 9:15 p.m. 

 

CP Blinzinski presented the item. Cyrus Garmo, owner, spoke on behalf of the item. 

 

Seeing no public comment, the Mayor closed the public hearing at 9:19 p.m. 

 

Staff and Mr. Garmo answered questions from the Commission. 

 

Commissioners discussed the following regarding the item: 

 If delivery were offered in the future, there would be a concern about parking near the 

restaurant being utilized by delivery vehicles. 

 In order to increase the restaurant’s family friendliness, it would be beneficial if the owner 

and the landlord could work together to create increased outdoor seating in the common 

outdoor area. 

 If the common outdoor area has increased usage, it would be important to keep that area 

very clean in order to reduce the possibility of rodent issues. 

 

MOTION: Motion by Long, seconded by Longe: 

To make a motion to adopt the resolution to approve the Special Land Use Permit, Final Site Plan & 

Design Review for 600 N. Old Woodward Suites 101 & 203 — Old World Pizzeria — to permit a new 

food and drink establishment to open in the O2 Zoning District. 

 

ROLL CALL VOTE 

Ayes: 

Haig, Long, Host, Kolb, Kozlowski, Baller, Longe 

Nays: 

None 

Recused: 

None 

 

 

03-066-26 

 

Bird Phase 1B Project #7-26 (W) to F.D.M. Contracting, Inc.

7 March 23, 2026 

CE Coatta presented the item. 

 

MOTION: Motion by Longe, seconded by Long: 

To award the Bird Phase 1B Project #7-26 (W) to F.D.M. Contracting, Inc. in the amount of 

$1,298,186.82 plus a 10% construction contingency for a total of $1,428,005.50. In addition, to 

authorize the Mayor and Clerk to sign the agreement on behalf of the City contingent upon execution of 

the agreement and meeting all the insurance and bond requirements by F.D.M. Contracting, Inc. 

Funding for this project has been budgeted in the following accounts: 

 

Fund Account

Fund ID Number

Project Award

10% Contingencies Total

Local Street Fund 203.0-449.001-

981.0100

 $502,545.99 

 $50,254.60 

$668,474.95 

Sewer Fund 

590.0-537.000-

981.0100

$400,213.49 

$40,021.35 

$691,371.45 

Water Fund 

591.0-544.000-

981.0100

$395,427.34 

$39,542.73 

 $483,413.70 

Total Construction 

Costs

 

 $1,298,186.82 

$129,818.68 

$1,428,005.50 

 

Commissioners discussed the following regarding the motion: 

 The soil study report from G2 was helpful, and similar reports should be provided to the 

Commission whenever available. The methods employed in the study might also be helpful 

for other road construction projects in the future. 

 

ROLL CALL VOTE 

Ayes: 

Haig, Long, Host, Kolb, Kozlowski, Baller, Longe 

Nays: 

None 

Recused: 

None 

 

03-067-26 

 

Ordinance to amend Chapters 82 and 110 of the Birmingham Code 

of 

Ordinances to move and update the enabling language for the Multi-Modal 

Transportation Board 

 

CP Blizinski presented the item and staff answered questions. 

 

Commissioners discussed the following regarding the item: 

 It would be good that staff would be soliciting the MMTB’s feedback. 

 These changes would also allow the Board to proactively raise opportunities for improving 

safety in Birmingham. 

 It would be appropriate to integrate public transit in some way. 

 The way the ordinance is written, the Commission would have the discretion to assign 

specific topics to the MMTB to study. 

 Commissioners largely seemed to understand the meaning of ‘active transportation’, though 

there was a remark on the lack of an included definition in the ordinance language. 

 

MOTION: Motion by Long, seconded by Haig: 

To make a motion adopting an ordinance to amend Chapter 110 – Transportation Systems to 

remove Article II in its entirety. 

 

AND 

 

To make a motion adopting an ordinance to amend Chapter 82 – Planning, to add Article VII, to amend 

the multimodal transportation board composition, terms, compensation, organization and meetings, 

scope of authority and purpose and duties. 

 

AND 

 

To make a motion to lift the moratorium and to have the Multimodal Board begin meeting again at a

8 March 23, 2026 

date and times to be set by City staff. 

 

ROLL CALL VOTE 

Ayes: 

Haig, Long, Host, Kolb, Kozlowski, Baller, Longe 

Nays: 

None 

Recused: 

None 

 

03-068-26 

 

Closed Session Pursuant to MCL § 15.268, Sec.8(1)(d) of the Open 

Meetings Act 

 

MOTION: Motion by Host, seconded by Long: 

To meet in closed session pursuant to MCL § 15.268, Sec.8(1)(d) of the Open Meetings Act to consider 

the purchase or lease of real property up to the time an option to purchase or lease that real property is 

obtained. 

 

ROLL CALL VOTE 

Ayes: 

Host, Kolb, Long, Kozlowski, Baller, Longe 

Nays: 

None 

Recused: 

Haig 

 

The Commission entered into closed session at 10:23 p.m. and returned from closed session at 10:53 

p.m. 

 

Commission Items for Future Discussion 

 

03-069-26 

 

Short Term Rental Ordinance Review 

 

MOTION: Motion by Host, seconded by Kozlowski: 

To be proactive and review Ann Arbor’s, Ferndale’s, and New York City’s short term rental ordinances. 

 

VOICE VOTE 

Ayes: 

Haig, Host, Kolb, Kozlowski 

Nays: 

Long, Baller, Longe 

Recused: 

None 

 

Commission discussion on items from a prior meeting 

 

03-070-26 

 

City Procedure Regarding Builders' Bonds and Road Repair 

 

Commissioners discussed the following regarding the item: 

 The Commission should consider increasing the amount of the builders’ bonds. 

 Since this is a new policy, the City has not retained any builders’ bonds to fix roads so far. 

 Staff should return with a history of the use of builders’ bonds for street repairs in the City, 

information on where the $5,000 is kept if retained, clarity on whether the builder or the 

City completes the road repairs, clarity on whether the City would prevent a Certificate of 

Occupancy from being issued until road repairs are completed, and whether these funds can 

be applied to the future resurfacing or improvements of the relevant street. 

 Moving forward, it is appropriate to compile data on whether the $5,000 builder bond 

requirement is adequate to cover costs, and how often it is necessary to retain and use the 

builders’ bonds for road repairs. 

 It will be necessary to discuss how damage caused by builders beyond the road surface 

immediately adjacent to the road in question should be treated. 

 

MOTION: Motion by Host, seconded by Haig: 

To put on the agenda City procedures regarding builders’ bonds, and road repair. 

 

VOICE VOTE 

Ayes: 

Long, Baller, Longe, Haig, Host, Kolb, Kozlowski

9 March 23, 2026

Nays:

None

Recused:

None

9. REMOVED FROM CONSENT AGENDA

10. COMMUNICATIONS 

11. REPORTS 

A. Commissioner Reports

1. Notice of Intention to Appoint to the Board of Building Trades Appeals

2. Notice of Intention to Appoint to the Brownfield Redevelopment Authority

3. Notice of Intention to Appoint to the Birmingham City Commission

4. Notice of Intention to Appoint to the Parks and Recreation Board

B. Commissioner Comments

MPT Long commented regarding his resignation and his appreciation of the opportunity to serve. He 

encouraged interested residents to apply for the Commission position.

Commissioners expressed appreciation of MPT Long’s service.

Commissioner Host expressed dissatisfaction with the possibility of the pool and portions of 400 E. 

Lincoln becoming unavailable for use under City ownership.

The Mayor encouraged Commissioner Host and others to offer proposals for utilizing the pool and/or the 

unprogrammed portions of 400 E. Lincoln.

C. Advisory Boards, Committees, Commissions’ Report

D. Legislation

E. City Staff 

1. Planning Department Annual Report 2025-2026

F.

Information Only

12. ADJOURN 

The Commission motioned to adjourn at 10:53 p.m. 

Alexandria Bingham, City Clerk 

Laura Eichenhorn, City Transcriptionist

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