Exhibits for Respondent's Request for Dismissal.pdf
Scott Ciemniecki Petitioner V City Of Birmingham Respondent · 26-002794-TT
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL SCOTT CIEMNIECKI, Petitioner, vs. CITY OF BIRMINGHAM, Respondent. MTT Docket No. 26-002794 SMALL CLAIMS DIVISION / Scott Ciemniecki Petitioner 1098 Northlawn Blvd. Birmingham, MI 48009 (248) 766-3780 miscott1098@gmail.com Michael C. Gibbons (P51304) BEIER HOWLETT, P.C. Attorneys for Respondent 3001 W. Big Beaver Road, Suite 600 Troy, MI 48084 (248) 645-9400 mgibbons@bhlaw.us.com / RESPONDENT’S REQUEST FOR DISMISSAL DUE TO LACK OF JURISDICTION EXHIBITS
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Respectfully submitted, BEIER HOWLETT, P.C. Dated: September 2, 2026 /s/ Michael C. Gibbons Michael C. Gibbons (P51304) Attorneys for Respondent 3001 W. Big Beaver Rd., Ste. 600 Troy, MI 48084 (248) 282-1069/ (248) 645-9344-fax
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PROOF OF SERVICE The undersigned certifies that a copy of the attached EXHIBITS for RESPONDENT’S REQUEST FOR DISMISSAL and this PROOF OF SER- VICE were served upon the attorneys of record and all parties to the above cause by: XX U.S. FIRST CLASS MAIL on September 2, 2026. I declare under the penalty of perjury that the statement above is true to the best of my information, knowledge and belief. /s/ Erin Miller Erin Miller
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EXHIBIT A
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS GOVERNOR FANSING RECEIVED MAY 1 9 2026 MICHIGAN TAX TRIBUNAL MARLON I. BROWN, DPA DIRECTOR PROPERTY TAX APPEAL PETITION FORM SPECIAL ASSESSMENT Do not use this form to appeal valuation, exemption, or non-property tax disputes. Section 1: Petitioner’s Contact Information First Name MI. Last Name/Company Name Scott L Ciemniecki Mailing Address (No., Street, P.O. Box or Rural Route) 1098 Northlawn Bivd City or Town State ZIP Code Birmingham Mi 48009 Telephone Number 248 766 3780 Email Address (do not enter unless you want MTT to send all correspondence via email) miscott1098@gmail.com Representative’s Contact Information Section 2: Petitioner’s Attorney/Authorized 1} First Name ML. Last Name Scott Is Ciemniecki Firm Name (if any) Mailing Address (No., Street, P.O. Box or Rural Route) 1098 Northlawn Blvd City or Town State ZIP Code Birmingham Mi 48009 Telephone Number 248 766 3780 Email Address (do not enter unless you want MTT to send all correspondence via email) miscott1098@gmail.com Section 3: Subject Property Information How many parcels are you appealing? [J ves MA no *If No, you must file separate appeals for each parcel If you are appealing more than one parcel, are they contiguous or adjoining? Parcel Identification Number(s): 08 19 35428 015 Classification of Property: Reald ~~ Personal J (check one) Agricultural (J Commercial J Industrial J Residential @ Timber-Cutover [1 ~~ Developmental [J Utility [0 (check one)
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Explain the Reason for this Appeal We are incorrectly being assessed for cape seal of what the City of Birmingham refers to as an "unimproved road" with residents responsible for 85% of the cost when: 1) Based on the city's own 2021 Ad Hoc Unimproved Street Study Committee report (AHUSSC): "if the local road being improved is more of a collector, serves more than one neighborhood, or has a large amount of pass through traffic, then the percentage of charge| is typically reduced to between 50% and 75%. a) AHUSSC report defines traffic counts > 1000 daily cars as high traffic. b) City's own traffic count data indicates Northlawn Boulevard to have in excess of 2,280 cars daily. 2) Based on city's own images / documentation provided to residents, Northlawn Boulevard appears to meet the qualification of an asphalt, or improved road whereby residents would be responsible for 0% of the cost for maintenance. a) FOIA evidence from the County of Oakland indicates that Northlawn Boulevard to be an asphalt, improved road. Ws least 3 different images from 3 different areas of Northlawn indicate asphalt (improved road) surfaces of up to 7 inches in thickness. All of this information was provided to the Birmingham City Commissioners at a February 23, 2026 Public Hearing of Necessity by several neighbors including me who protested the assessment all of which the City Commission ignored. Section 5: Jurisdictional Issues Did you protest the special assessment at the hearing held to confirm the special assessment roll? BJ Yes [J No If Yes, what was the date of the hearing held to confirm the special assessment roll? February 23 2026 If No, explain: Fee Information: A fee of $100.00 is required for the filing of a Special Assessment Appeal. Signature *required 2 Petitioner or Attorney/Authorized Representatives Signature: 7a SZ oe Lg Isl z Vz ZN 4 VA
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[rT ER METROPLEX MI 480 1) scott clemniecki 5 8 "iG MAY 2026 DM IOL "1098 Northlawn Blvd 1 MAY : Birmingham, MI 48009-5008
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EXHIBIT B
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(a) (b) (c) (d) (e) (1) (2) (3) (f) (1) (2) (3) Sec. 94-9. - Special assessment roll. No construction contract or expenditure, except for the cost of preparing necessary plans, specifications and estimates of costs, for any public improvement to be financed in whole or part by special assessment shall be made before the confirmation of the special assessment roll for such improvement. The manager shall make a special assessment roll of all lots and parcels of land within the designated district to be benefited by the proposed improvement and assess to each lot or parcel of land the amount benefited thereby. The amount spread in each case shall be based upon the cost estimate of the city engineer. After the manager completes the assessment roll, it shall be filed with the clerk for public examination and presentation to the commission for review and confirmation by it. The commission shall fix the time and place at which the commission will meet to review the special assessment roll and to give interested persons an opportunity to be heard; which meeting shall not be less than ten days after notice thereof has been both published in a newspaper published or generally circulated in the city and sent by first-class mail to all property owners in the proposed special assessment district as shown by the current property tax roll of the city. The meeting required by this section may be held at any regular or special meeting of the commission. The commission shall meet at the time and place scheduled for review of the special assessment roll. At such, meeting, the commission shall consider all objections to the special assessment roll submitted in writing or orally at the meeting; The commission may correct the roll as to any special assessment or description of any lot or parcel of land or other errors appearing therein; or The commission may, by resolution, annul the assessment roll and direct that a new roll be prepared, following the same procedures applicable to the making of the original roll. If, after hearing all objections and making a record of such changes as the commission deems justified, the commission determines that it is satisfied with said special assessment roll, and that assessments are in proportion to benefits received, it shall thereupon pass a resolution making such determination and confirming the roll. The resolution shall also: Direct the manager to spread the various sums and amounts appearing thereon on a special assessment roll; Order placement of the roll on file in the city clerk's office and direct the clerk to attach his or her warrant to a certified copy within ten days; Birmingham, MI Code of Ordinances 1/2
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(4) (5) (g) (h) (i) (j) Command the city treasurer to bill and collect the special assessments or installments as provided in this chapter, to be due within 60 days of billing, unless a later date for billing and collecting is established by the commission in accordance with the following paragraph; If the commission determines construction of part or all of the improvement will not occur immediately after the confirmation of the roll, and if the commission also deems it unnecessary to collect the assessment forthwith, the resolution shall provide for the billing and collection of the assessment at the time of the construction of the improvement; and Direct the treasurer to give notice by first-class mail to each property owner on the special assessment roll that the roll has been confirmed, and further containing the information set forth in subsections (h) and 94-10(b). Whenever a special assessment roll shall be confirmed by the commission, it shall be final and conclusive. Such roll shall have the date of confirmation endorsed thereon and shall from that date be final and conclusive for the purpose of the improvement to which it applies, subject only to adjustment to conform to the actual cost of the improvement, or as otherwise provided in section 94-13. Such special assessments and all proceedings upon which such special assessments are based shall be incontestable, unless an appeal to the Michigan Tax Tribunal is instituted within 30 days after the date of confirmation of such special assessment roll. Failure on the part of the city or any official or employee thereof to give or mail any notice required to be given or mailed by this chapter, or failure by any property owner to receive any such notice shall not invalidate any special assessment or special assessment roll. Where deemed appropriate, the commission may authorize the public hearing on necessity of proceeding with the public improvement and on confirmation of the special assessment roll to be combined provided that all public notice requirements of this chapter are fulfilled. (Ord. No. 1637, 3-24-97; Ord. No. 1833, 4-19-04; Ord. No. 1962, 4-21-08) Birmingham, MI Code of Ordinances 2/2
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EXHIBIT C
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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
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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
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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.
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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.
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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
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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.
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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
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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
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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