Attachments for Answer.pdf
Susan A Hornung, Petitioner V City Of Birmingham, Respondent · 25-003429-TT
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1 June 23, 2025 BIRMINGHAM CITY COMMISSION AGENDA REGULAR MEETING JUNE 23, 2025 MUNICIPAL BUILDING, 151 MARTIN 7:30 P.M. I. CALL TO ORDER AND PLEDGE OF ALLEGIANCE Therese Longe, Mayor II. ROLL CALL Alexandria Bingham, City Clerk III. PROCLAMATIONS, CONGRATULATORY RESOLUTIONS, AWARDS, APPOINTMENTS, RESIGNATIONS AND CONFIRMATIONS, ADMINISTRATION OF OATHS, INTRODUCTION OF GUESTS AND ANNOUNCEMENTS. ANNOUNCEMENTS APPOINTMENTS A. Ethics Board 1. Erik Nygren To appoint _____________ as a regular member to the Ethics Board to serve a three-year term to expire June 30, 2028. To appoint _____________ as an alternate member to the Ethics Board to serve the remainder of a three-year term to expire June 30, 2026. B. Greenwood Cemetery Advisory Board 1. Margaret Suter 2. Linda Buchanan To appoint _____________ as a regular member to the Greenwood Cemetery Advisory Board serve a three-year term to expire July 6, 2028. To appoint _____________ as a regular member to the Greenwood Cemetery Advisory Board serve a three-year term to expire July 6, 2028. C. Hearing Officer 1. Lawrence J. Lyng To appoint __________ as the Hearing Officer to serve a three-year term to expire June 30, 2028.
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2 June 23, 2025 D. Museum Board 1. Judith Keefer 2. Patrick Hughes To appoint _____________ as a regular member to the Museum Board to serve a three- year term to expire July 5, 2028. To concur with the City Manager’s appointment of Patrick Hughes to the Museum Board, as a regular member who is a business owner, to serve a three-year term to expire July 5, 2028. IV. OPEN TO THE PUBLIC FOR MATTERS NOT ON THE AGENDA V. CONSENT AGENDA All items listed on the consent agenda are considered to be routine and will be enacted by one motion and approved by a roll call vote. There will be no separate discussion of the items unless a Commissioner or citizen so requests, in which event the item will be removed from the general order of business and considered under the last item of new business. A. Resolution to approve the City Commission regular meeting minutes of June 9, 2025. B. Resolution to approve the warrant list, including Automated Clearing House payments, dated June 12, 2025 in the amount of $2,606,56,.48. C. Resolution to approve the warrant list, including Automated Clearing House payments, dated June 19, 2025 in the amount of $561,105.82. D. Resolution to amend the Schedule of Fees, Charges, Bonds and Insurance as presented and to adopt the revised Public Records Policy, effective July 1, 2025. E. Resolution to approve the Birmingham City Commission 2026 meeting schedule as submitted. F. Resolution to approve the appropriations and amendments for the fiscal year 2024–2025 Baldwin Public Library budget as follows: Library Fund: Revenues: Draw from Fund Balance 271.0-000.000-400.0000 $ 30,000 Expenditures: Salaries and Wages 271.0-790.000-702.0001 $ 30,000 G. Resolution to authorize the City Clerk to complete the Local Government Approval at the request of RH F&B MICHIGAN, LLC to formalize the re-classification of the liquor license from Tavern to Class C with Sunday Sales Permit and Additional Bar Permit.
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3 June 23, 2025 H. Resolution to set a public hearing date of July 28, 2025 to consider the Special Land Use Permit Amendment and Final Site Plan & Design Review application for 298 S. Old Woodward, to permit the modification of the existing required off-street loading facility to make room for new in-house laundry facilities and a new trash compactor. I. Resolution to approve the expenditure of $150,000 for the enhanced bus shelter project as a part of the Oakland County Access to Transit Program, and to approve the acceptance of the grant which is funding $120,000 of the total cost of the project. VI. CITY MANAGER’S REPORT The City Manager’s Report regularly occurs on the second City Commission meeting of the month. Additionally, reports from prior months can be viewed on the City’. A. June 2025 City Manager’s Report VII. UNFINISHED BUSINESS None. VIII. NEW BUSINESS A. Public Hearing for 185 N. Old Woodward – Bell Bistro – Special Land Use Permit Amendment and Final Site Plan & Design Review 1. Resolution to approve the Special Land Use Permit Amendment and Final Site Plan & Design Review application for 185 N. Old Woodward, to permit the modification of the current approved outdoor dining facility in front of the building and increase the number of seats from 4 to 22. B. Public Hearing for Lot Division of 1829 Norfolk (Parcel #19-35-480-001) 1. Resolution to approve the lot division of 1829 Norfolk into two parcels with the following condition: 1) The applicant must shift the lot line to the north by a minimum of 3.5 ft. to satisfy the requirements of Chapter 102, Article 3, Sec. 102-53 of the City Code of Ordinances and provide the Planning Department with new surveys reflecting the change. C. Public Hearing - Confirmation of SAD Roll 915 Wimbleton Phase 1 Project – Paving 1. Resolution confirming Special Assessment Roll 915 as follows: WHEREAS, Chapter 94 of the City of Birmingham Code of Ordinances authorizes the City Commission to determine that the whole or any part of the costs of any improvement within the City may be defrayed by a special assessment upon the properties specially benefited; and WHEREAS, the City of Birmingham is proceeding with the proposed improvement described below and has established a Special Assessment District to defray all or a portion of the costs of such improvement by special assessment against the benefited properties; and
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4 June 23, 2025 WHEREAS, the City Commission, after the public hearing, has determined that paving Wimbleton Drive from Woodward Ave. to Oxford Road, Abbey Street from Wimbleton south to the dead end, and Twin Oaks from Wimbleton north to the dead end, is a necessity and is in the best interest of the residents of the City and will specially benefit the properties included in the Special Assessment District; and WHEREAS, the City’s consulting engineers have prepared the report required by Chapter 94 of the City of Birmingham Code of Ordinances to assist the City Commission in determining the advisability of constructing the Project and paying for all or a portion of the same by creation of a Special Assessment District and the levying of special assessments against the benefited properties and said report has been filed with the City Clerk; and WHEREAS, the Project is designed and intended to specially benefit all of the properties in the proposed special assessment district by improving the infrastructure and roads described above in this Resolution, thereby allowing said property owners better and safer access and travel on said roads, preserving and increasing property values and protecting said property owners’ and their invitees’ vehicles among other things, and by improving the water and sanitary sewer services; and WHEREAS, pursuant to Chapter 94 of the City of Birmingham’s Code of Ordinances, the City Commission on April 21, 2025 held the required public hearing on necessity consistent with the required notice and following said public hearing the City Commission determined that the Project was necessary and decided to proceed with the Project and the establishment of the Special Assessment District and scheduled the public hearing on confirmation of the special assessment roll for May 5, 2025; and WHEREAS, on May 5, 2025, at the City Commission meeting wherein the City Commission, hearing all objections to the assessment roll and conducting the public hearing, determined that the City Commission did not find that the assessment of an 85/15% split was in proportion to the benefits received to the parcels in Phase 1 of Wimbleton Paving Special Assessment District as the City Commission confirmed that Wimbleton is a major road in a residential area that is unimproved; and the City Commission determined that the 85-15% split was not proportional in this particular limited circumstance; and resolved that special assessment roll number 915 be annulled, and directed that a new roll be prepared following the same procedures applicable to the making of the original roll and directing a 50/50% cost split; and WHEREAS, in accordance with the direction of the City Commission, the City Assessor has prepared the special assessment roll allocating the special assessments to the properties within the Special Assessment District according to law and the directions of the City Commission, and the City Assessor has filed such roll with the City Clerk; and WHEREAS, the June 23, 2025 public hearing on the possible confirmation of the special assessment roll was set and duly noticed according to law for the purpose of hearing objections with respect to the special assessment roll; and WHEREAS, on June 23, 2025 the public hearing was conducted by the City Commission in accordance with the notice; and
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5 June 23, 2025 WHEREAS, Special Assessment Roll, designated Roll No. 915, 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 05-186-25-5H provided it would meet this 23rd day of June, 2025 for the sole purpose of reviewing the assessment roll; and WHEREAS, at said hearing held this June 23, 2025, 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. THEREFORE, BE IT RESOLVED as follows: 1. That Special Assessment Roll No. 915 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 or upon completion. 2. The City of Birmingham has determined that it is satisfied with the special assessment roll, that the proposed assessments are in proportion to the benefits received or to be received as a result of the Project and that it would be appropriate to approve and confirm the special assessment roll and proceed with the Project. 3. Special Assessment Roll No. 915 in the amount of$131,381.90 shall be and is hereby adopted and confirmed. 4. The City Clerk is directed to endorse and certify on the special assessment roll the date of this confirmation, which shall be final and conclusive for the purpose of the Project unless the special assessment is properly contested in the Michigan Tax Tribunal within the time and manner provided for by ordinance and State law. BE IT FURTHER RESOLVED: 1. The special assessment shall be payable in ten (10) payments as provided in Chapter 94 of the Code of the City of Birmingham, with an annual interest rate of eight and one-half percent (8.50%) on all unpaid balances. 2. Special Assessment Roll, designated Roll No. 915, has been heretofore prepared for Collection.
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6 June 23, 2025 3. Notice was given pursuant to Section 94-7 of the City Code, to each owner or party- in- interest of property to be assessed. 4. The Commission has deemed it practicable to cause payment of the cost thereof to be made after the time of construction. 5. The Commission Resolution 05-186-25-5H provided it would meet on this 23rd day of June, 2025 for the sole purpose of reviewing the assessment roll. 6. At said hearing held this June 23, 2025, 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. Sidwell Number Street Address Estimated Total Paving SAD Costs 1925177022 999 TWIN OAKS LN $ 1,003.91 1925177023 951 TWIN OAKS LN $ 3,522.49 1925177024 187 WIMBLETON DR $ 4,285.83 1925177025 175 WIMBLETON DR $ 3,022.54 1925177026 165 WIMBLETON DR $ 2,413.71 1925177027 155 WIMBLETON DR $ 2,601.84 1925177028 139 WIMBLETON DR $ 4,243.00 1925180003 176 WIMBLETON DR $ 2,502.17 1925180004 144 WIMBLETON DR $ 8,007.66 1925251022 175 ABBEY RD $ 1,040.74 1925251023 147 ABBEY RD $ 7,605.38 1925254008 205 WIMBLETON DR $ 3,102.19 1925254011 287 WIMBLETON DR $ 4,551.84 1925254012 323 WIMBLETON DR $ 3,721.84 1925254013 341 WIMBLETON DR $ 2,601.84 1925254014 355 WIMBLETON DR $ 2,601.84 1925254015 379 WIMBLETON DR $ 2,401.70 1925254016 421 WIMBLETON DR $ 3,451.70 1925254017 463 WIMBLETON DR $ 4,896.06 1925254019 245 WIMBLETON DR $ 2,601.84 1925254020 269 WIMBLETON DR $ 2,601.84 1925255006 519 WIMBLETON DR $ 3,789.88 1925255007 541 WIMBLETON DR $ - 1925256001 129 ABBEY RD $ 5,503.89 1925256002 111 ABBEY RD $ 3,521.90 1925257001 202 WIMBLETON DR $ 4,996.33
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7 June 23, 2025 Sidwell Number Street Address Estimated Total Paving SAD Costs 1925257002 244 WIMBLETON DR $ 3,002.12 1925257003 266 WIMBLETON DR $ 2,521.78 1925257004 282 WIMBLETON DR $ 2,401.70 1925257005 322 WIMBLETON DR $ 2,401.70 1925257008 380 WIMBLETON DR $ 2,401.70 1925257012 498 WIMBLETON DR $ 1,994.01 1925257018 460 WIMBLETON DR $ 2,401.70 1925257019 420 WIMBLETON DR $ 2,401.70 1925257020 444 WIMBLETON DR $ 3,976.70 1925257023 340 WIMBLETON DR $ 4,803.40 1925258001 520 WIMBLETON DR $ 1,994.01 1925401001 PO BOX 3001 $ 10,487.42 * * City Property - 100% of costs paid by the city $ 131,381.90 D. Resolution to award the Wimbleton Phase 1 Project Contract #7-24 (P) to Eminent Excavating LLC in the amount of $3,644,249.50 plus a 10% construction contingency for a total of $4,008,674.45. 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 insurance and bond requirements by Eminent Excavating LLC. Funding for this project has been budgeted in the following accounts: Fund Account Fund ID Num. Project Award 10% Cont. Total Sidewalk Gap Closure Fund 101.0-444.000-981.0100 $54,545.45 $65,454.55 $60,000.00 Major Street Fund 202.0-449.001-981.0100 $411,628.50 $41,162.85 $452,791.35 Sewer Fund 590.0-537.000-981.0100 $1,880,595.55 $188,059.55 $2,068,655.10 Water Fund 591.0-544.000-981.0100 $1,297,480.00 129,748.00 $1,427,228.00 AND To approve the appropriation and amendment of the budget as follows: Sewer Fund: Revenues: 590.0-000.000-400.0000 Draw from Net Position $624,360 Total Revenue $624,360 Expenditures: 590.0-537.000-981.0100 Public Improvements $624,360 Total Expenses $624,360
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8 June 23, 2025 Water Fund: Revenues: 591.0-000.000-400.0000 Draw from Net Position $364,700 Total Revenue $364,700 Expenditures: 591.0-544.000-981.0100 Public Improvement $364,700 Total Expenses $364,700 E. Resolution to approve the playground layout design for Pumphouse Park and purchase of playground equipment through Landscape Structures, Inc. with Sourcewell cooperative purchase pricing in the amount of $85,159.57, and the installation of the equipment by Penchura, LLC in the amount of $68,258.00 for a total purchase price of $153,417.57. Funds are available in the Parks System Construction Fund, account #408.2-901.751-979.0000. AND To approve the playground layout design for West Lincoln Well & Park and purchase of playground equipment through Landscape Structures, Inc. with Sourcewell cooperative purchase pricing in the amount of $118,552.53, and the installation of the equipment by Penchura, LLC in the amount of $105,638.00 for a total purchase price of $224,190.53. Funds are available in the Parks System Construction Fund, account #408.2-901.751- 979.0000. AND To affirm maintaining the name Pumphouse Park, and adopting a resolution to approve a name change for West Lincoln Well & Park to West Lincoln Park. F. Resolution to approve two five-year agreements with HydroCorp for Commercial and Residential Cross Connection Control Programs in the amounts not to exceed $96,600.11 for the Commercial Program, and $643,897.84 for the Residential Program. In addition, to authorize the Mayor and City Clerk to sign the agreements on behalf of the City. Funding for both projects has been budgeted in account #591-537.007-811.0000. G. Commission Items for Future Discussion. A motion is required to bring up the item for future discussion at the next reasonable agenda, no discussion on the topic will happen tonight. H. Commission discussion on items from a prior meeting. 1. Subsidized Parking IX. REMOVED FROM CONSENT AGENDA X. COMMUNICATIONS A. Communications regarding the Village Fair B. Communications regarding special assessments C. Communications regarding Shirley and Arlington
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9 June 23, 2025 XI. REPORTS A. Commissioner Reports B. Commissioner Comments C. Advisory Boards, Committees, Commissions’ Reports and Agendas D. Legislation E. City Staff 1. Change Order – Chester Garage Accent Paint 2. Complex Public/Private Partnerships INFORMATION ONLY XII. ADJOURN Should you wish to participate in this meeting, you are invited to attend the meeting in person or virtually through ZOOM: https://zoom.us/j/655079760 Meeting ID: 655 079 760 You may also present your written statement to the City Commission, City of Birmingham, 151 Martin Street, P.O. Box 3001, Birmingham, Michigan 48012-3001 prior to the hearing. NOTICE: Individuals requiring accommodations, such as mobility, visual, hearing, interpreter or other assistance, for effective participation in this meeting should contact the City Clerk's Office at (248) 530-1880 (voice), or (248) 644-3405 (TDD) at least one day in advance to request mobility, visual, hearing or other assistance. Las personas que requieren alojamiento, tales como servicios de interpretación, la participación efectiva en esta reunión deben ponerse en contacto con la Oficina del Secretario Municipal al (248) 530-1880 por lo menos el día antes de la reunión pública. (Title VI of the Civil Rights Act of 1964).
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1 Birmingham City Commission Minutes June 23, 2025 Municipal Building, 151 Martin 7:30 p.m. Vimeo Link: https://vimeo.com/1095724180 I. CALL TO ORDER AND PLEDGE OF ALLEGIANCE Therese Longe, Mayor, opened the meeting with the Pledge of Allegiance. II. ROLL CALL City Clerk Bingham called the roll. Present: Mayor Longe MPT Baller Commissioner Emerine Commissioner Haig Commissioner Host Commissioner Long Commissioner Schafer Absent: None Staff: City Manager Ecker; City Clerk Bingham, Finance Director Chavez, Assistant City Manager Clemence, City Engineer Coatta, Planning Director Dupuis, Assistant City Manager Fairbairn, Police Chief Grewe, Deputy Treasurer Katz, City Attorney Kucharek, Department of Public Services Director Zielinski III. PROCLAMATIONS, CONGRATULATORY RESOLUTIONS, AWARDS, APPOINTMENTS, RESIGNATIONS AND CONFIRMATIONS, ADMINISTRATION OF OATHS, INTRODUCTION OF GUESTS AND ANNOUNCEMENTS Announcements Appointments 06-208-25 Ethics Board Erik Nygren was interviewed for the appointment. MOTION: Motion by Schafer: To appoint Erik Nygren as a regular member to the Ethics Board to serve a three-year term to expire June 30, 2028. VOICE VOTE Ayes: Emerine, Haig, Schafer, Baller, Host, Longe, Long Nays: None 06-209-25 Greenwood Cemetery Advisory Board Linda Buchanan was interviewed for the appointment. MOTION: Motion by Haig: To appoint Linda Buchanan as a regular member to the Greenwood Cemetery Advisory Board to serve a three-year term to expire July 6, 2028. VOICE VOTE Ayes: Emerine, Haig, Schafer, Baller, Host, Longe, Long Nays: None 06-210-25 Greenwood Cemetery Advisory Board Margaret Suter was interviewed for the appointment.
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2 June 23, 2025 MOTION: Motion by Emerine: To appoint Margaret Suter as a regular member to the Greenwood Cemetery Advisory Board to serve a three-year term to expire July 6, 2028. VOICE VOTE Ayes: Emerine, Haig, Schafer, Baller, Host, Longe, Long Nays: None 06-211-25 Hearing Officer Lawrence J. Lyng was interviewed for the appointment. MOTION: Motion by Haig: To appoint Lawrence J. Lyng as the Hearing Officer to serve a three-year term to expire June 30, 2028. VOICE VOTE Ayes: Emerine, Haig, Schafer, Baller, Host, Longe, Long Nays: None 06-212-25 Museum Board – Postpone Judith Keefer and Patrick Hughes were both absent from the meeting. Questions were raised by a Commissioner about attendance. MOTION: Motion by Baller, seconded by Haig: Motion to postpone the Museum Board appointments to the next regular meeting. ROLL CALL VOTE Ayes: Emerine, Haig, Schafer, Baller, Host, Longe, Long Nays: None CC Bingham swore in the present appointees. IV. OPEN TO THE PUBLIC FOR MATTERS NOT ON THE AGENDA V. CONSENT AGENDA 06-213-25 Consent Agenda MOTION: Motion by Long, seconded by Haig: To approve the consent agenda with the exclusion of Item D. ROLL CALL VOTE Ayes: Emerine, Haig, Schafer, Baller, Host, Longe, Long Nays: None A. Resolution to approve the City Commission regular meeting minutes of June 9, 2025. B. Resolution to approve the warrant list, including Automated Clearing House payments, dated June 12, 2025 in the amount of $2,606,56,.48. C. Resolution to approve the warrant list, including Automated Clearing House payments, dated June 19, 2025 in the amount of $561,105.82. E. Resolution to approve the Birmingham City Commission 2026 meeting schedule as submitted. F. Resolution to approve the appropriations and amendments for the fiscal year 2024–2025 Baldwin Public Library budget as follows: Library Fund:
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3 June 23, 2025 Revenues: Draw from Fund Balance 271.0-000.000-400.0000 $ 30,000 Expenditures: Salaries and Wages 271.0-790.000-702.0001 $ 30,000 G. Resolution to authorize the City Clerk to complete the Local Government Approval at the request of RH F&B MICHIGAN, LLC to formalize the re-classification of the liquor license from Tavern to Class C with Sunday Sales Permit and Additional Bar Permit. H. Resolution to set a public hearing date of July 28, 2025 to consider the Special Land Use Permit Amendment and Final Site Plan & Design Review application for 298 S. Old Woodward, to permit the modification of the existing required off-street loading facility to make room for new in-house laundry facilities and a new trash compactor. I. Resolution to approve the expenditure of $150,000 for the enhanced bus shelter project as a part of the Oakland County Access to Transit Program, and to approve the acceptance of the grant which is funding $120,000 of the total cost of the project. 06-214-25 Amend the Schedule of Fees, Charges, Bonds and Insurance and Adopt Revised Public Records Policy (Item D) Commissioner Baller pulled Item D from the consent agenda. Staff answered informational questions from the Commission. Commissioners noted the following: ● The fees should be adjusted for inflation every year. ● It would be helpful to know how much revenue the fees generate. ● It is possible the Treasurer should be preparing this schedule. ● The City has improved its concrete and asphalt repair processes. ● When a utility company causes damage to a sidewalk, it is expected to pay the bond to repair the sidewalk. ● It may be more appropriate for the maintenance/replacement of public facilities bond to fall under the Engineering Department's purview. The fee may also need review. ● This review was conducted only six months ago, which might help explain the lack of increase in many fees. ● Builders’ bond for road repairs might be more appropriate at $15,000. ● The Commission can amend this schedule at any time. ● Staff should look into the issues that have been raised, and return with recommendations. MOTION: Motion by Baller, seconded by Long: To amend the Schedule of Fees, Charges, Bonds and Insurance as presented and to adopt the revised Public Records Policy, effective July 1, 2025. VOICE VOTE: Ayes: Emerine, Haig, Schafer, Baller, Host, Longe, Long Nays: None VI. CITY MANAGER’S REPORT CM Ecker presented the report and answered informational questions from the Commission. VII. UNFINISHED BUSINESS VIII. NEW BUSINESS 06-215-25 Public Hearing for 185 N. Old Woodward – Bell Bistro – Special Land Use Permit Amendment and Final Site Plan & Design Review Mayor Longe opened the public hearing at 8:36 p.m. PD Dupuis presented the item. Randy Dickow, owner of Bell Bistro, spoke on the request.
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4 June 23, 2025 Seeing no public comment, Mayor Longe closed the public hearing at 8:44 p.m. Staff and the applicant team answered informational questions from the Commission. Commissioners raised the following points during discussion: ● There would be a divider between Bell Bistro’s and Paris Baguette’s outdoor space in order to comply with liquor regulations. ● It might be appropriate for the City to retain more discretion about whether one establishment’s outdoor dining can be located in front of another business if it is to be located on a public sidewalk. ● The present circumstances amount to two private parties executing an agreement regarding public property. ● These opportunities are reviewed and granted or denied annually. This means tentative changes to these policies could be trialled. ● If the City requires the property owner’s approval for one establishment’s outdoor dining to be located in front of another business, it is possible the City should also require the approval of the affected business owner. ● Any change in the mutual consent agreement or in Bell Bistro’s outdoor dining would require Commission notification. ● Bell Bistro would not have recourse for furniture in front of Paris Baguette if the latter were to rescind its consent. ● When the Planning Board re-designed this ordinance, it was done in part to create collaborative opportunities like the one presently before the Commission. This was a positive outcome, and should be approved. ● There was a lot of Commission support for advancing this request, with the possibility of a future, more general policy review being noted. MOTION: Motion by Haig, seconded by Long: To approve the Special Land Use Permit Amendment and Final Site Plan & Design Review application for 185 N. Old Woodward, to permit the modification of the current approved outdoor dining facility in front of the building and increase the number of seats from 4 to 22. ROLL CALL VOTE Ayes: Emerine, Haig, Schafer, Baller, Host, Longe, Long Nays: None 06-216-25 Public Hearing for Lot Division of 1829 Norfolk (Parcel #19-35-480-001) Mayor Longe opened the public hearing at 9:03 p.m. PD Dupuis presented the item. Mark Mueller spoke on behalf of the applicant. Seeing no public comment, Mayor Longe closed the public hearing at 9:08 p.m. Staff and the applicant team answered informational questions from the Commission. Commissioners raised the following points during discussion: ● Residents sometimes raise concerns about newly-built residential homes that are perceived as out-of-character with their neighborhood context. There was some concern that the owners of this lot might build two such homes if this lot division were granted. ● Preservation of neighborhood character was an important matter that would be discussed as part of the City’s zoning ordinance update process. ● If the lot division is granted, the next homes to occupy the divided lots should be designed with neighborhood character in mind. ● These topics were not salient to the noticed agenda item. They were matters regarding the implementation of the 2040 Plan, and should be addressed separately. ● Alternatively, these topics were salient because an affirmative vote on the item would allow the owner to build two new ordinance-compliant homes that might be seen as out- of-character for the neighborhood.
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5 June 23, 2025 ● It was likely that both of the new homes that would be built would be as large as possible while complying with the ordinance. ● No residents were present to object to the lot division, and no residents were present to protest the building of new homes that might both shift the character of the neighborhood and raise property values. ● The Commission has expressed some interest in increasing affordable housing within the City. When Commission actions result in smaller homes being replaced with larger homes, the result is a further decrease in affordable housing. ● Policy matters of neighborhood character and affordable housing cannot be resolved as part of this particular lot division request. ● If the lot division is not granted, the owners could choose to build an even larger home than either of the divided lots would have supported. If the concerns are preservation of neighborhood character and affordability, a negative vote on this item would not necessarily further either of those aims. MOTION: Motion by Long, seconded by Haig: To approve the lot division of 1829 Norfolk into two parcels with the following condition: The applicant must shift the lot line to the north by a minimum of 3.5 ft. to satisfy the requirements of Chapter 102, Article 3, Sec. 102-53 of the City Code of Ordinances and provide the Planning Department with new surveys reflecting the change. Commissioners comment on the motion: ● Commissioners are tasked with ordinance compliance. This request complied with the ordinance. Consequently, it could not be denied by the Commission. ● Given the City Attorney’s guidance to consider this request in the context of the extant ordinance, supporting the application was appropriate. ● Using this request to discuss the broader potential implications was also appropriate. ● There was no objection to this request from the neighbors, or from any other members of the public. ● The owners’ representative should communicate the depth of the Commission’s concerns to the owners. ROLL CALL VOTE Ayes: Emerine, Haig, Schafer, Baller, Host, Longe, Long Nays: None 06-217-25 Confirmation of SAD Roll 915 Wimbleton Phase 1 Project – Paving Mayor Longe opened the public hearing at 9:26 p.m. CM Ecker and DT Katz presented the item. Seeing no public comment, Mayor Longe closed the public hearing at 9:32 p.m. Staff answered informational questions from the Commission. Commissioners raised the following points during discussion: ● CM Ecker received thanks for her explanation. ● People who only have front footage went from 85% of the total project cost to 50% of the total project cost. It is not 50% of their previous projected assessment. ● The side lot assessments were not changed. MOTION: Motion by Long, seconded by Schafer: To confirm Special Assessment Roll 915 as follows: WHEREAS, Chapter 94 of the City of Birmingham Code of Ordinances authorizes the City Commission to determine that the whole or any part of the costs of any improvement within the City may be defrayed by a special assessment upon the properties specially benefited; and WHEREAS, the City of Birmingham is proceeding with the proposed improvement described below and has established a Special Assessment District to defray all or a portion of the costs of such improvement by special assessment against the benefited properties; and
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6 June 23, 2025 WHEREAS, the City Commission, after the public hearing, has determined that paving Wimbleton Drive from Woodward Ave. to Oxford Road, Abbey Street from Wimbleton south to the dead end, and Twin Oaks from Wimbleton north to the dead end, is a necessity and is in the best interest of the residents of the City and will specially benefit the properties included in the Special Assessment District; and WHEREAS, the City’s consulting engineers have prepared the report required by Chapter 94 of the City of Birmingham Code of Ordinances to assist the City Commission in determining the advisability of constructing the Project and paying for all or a portion of the same by creation of a Special Assessment District and the levying of special assessments against the benefited properties and said report has been filed with the City Clerk; and WHEREAS, the Project is designed and intended to specially benefit all of the properties in the proposed special assessment district by improving the infrastructure and roads described above in this Resolution, thereby allowing said property owners better and safer access and travel on said roads, preserving and increasing property values and protecting said property owners’ and their invitees’ vehicles among other things, and by improving the water and sanitary sewer services; and WHEREAS, pursuant to Chapter 94 of the City of Birmingham’s Code of Ordinances, the City Commission on April 21, 2025 held the required public hearing on necessity consistent with the required notice and following said public hearing the City Commission determined that the Project was necessary and decided to proceed with the Project and the establishment of the Special Assessment District and scheduled the public hearing on confirmation of the special assessment roll for May 5, 2025; and WHEREAS, on May 5, 2025, at the City Commission meeting wherein the City Commission, hearing all objections to the assessment roll and conducting the public hearing, determined that the City Commission did not find that the assessment of an 85/15% split was in proportion to the benefits received to the parcels in Phase 1 of Wimbleton Paving Special Assessment District as the City Commission confirmed that Wimbleton is a major road in a residential area that is unimproved; and the City Commission determined that the 85-15% split was not proportional in this particular limited circumstance; and resolved that special assessment roll number 915 be annulled, and directed that a new roll be prepared following the same procedures applicable to the making of the original roll and directing a 50/50% cost split; and WHEREAS, in accordance with the direction of the City Commission, the City Assessor has prepared the special assessment roll allocating the special assessments to the properties within the Special Assessment District according to law and the directions of the City Commission, and the City Assessor has filed such roll with the City Clerk; and WHEREAS, the June 23, 2025 public hearing on the possible confirmation of the special assessment roll was set and duly noticed according to law for the purpose of hearing objections with respect to the special assessment roll; and WHEREAS, on June 23, 2025 the public hearing was conducted by the City Commission in accordance with the notice; and WHEREAS, Special Assessment Roll, designated Roll No. 915, 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 05-186-25-5H provided it would meet this 23rd day of June, 2025 for the sole purpose of reviewing the assessment roll; and WHEREAS, at said hearing held this June 23, 2025, 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.
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7 June 23, 2025 THEREFORE, BE IT RESOLVED as follows: 1. That Special Assessment Roll No. 915 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 or upon completion. 2. The City of Birmingham has determined that it is satisfied with the special assessment roll, that the proposed assessments are in proportion to the benefits received or to be received as a result of the Project and that it would be appropriate to approve and confirm the special assessment roll and proceed with the Project. 3. Special Assessment Roll No. 915 in the amount of $131,381.90 shall be and is hereby adopted and confirmed. 4. The City Clerk is directed to endorse and certify on the special assessment roll the date of this confirmation, which shall be final and conclusive for the purpose of the Project unless the special assessment is properly contested in the Michigan Tax Tribunal within the time and manner provided for by ordinance and State law. BE IT FURTHER RESOLVED: 1. The special assessment shall be payable in ten (10) payments as provided in Chapter 94 of the Code of the City of Birmingham, with an annual interest rate of eight and one-half percent (8.50%) on all unpaid balances. 2. Special Assessment Roll, designated Roll No. 915, has been heretofore prepared for Collection. 3. Notice was given pursuant to Section 94-7 of the City Code, to each owner or party- in- interest of property to be assessed. 4. The Commission has deemed it practicable to cause payment of the cost thereof to be made after the time of construction. 5. The Commission Resolution 05-186-25-5H provided it would meet on this 23rd day of June, 2025 for the sole purpose of reviewing the assessment roll. 6. At said hearing held this June 23, 2025, 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. I include in the motion the sidwell number, street address, and estimated total paving S.A.D. costs set forth on page five of 8C of tonight’s agenda. Commissioner comment on the motion: ● This represented an improvement over the City’s prior approach to road improvement funding. ● It was appropriate for this to be a 50-50% split because Wimbleton is a major road. The City should improve and maintain public roads in general. ● Assessment payments can be so onerous that they can result in homeowners having to sell their homes and leave the community. Birmingham should offer homeowners 20 year terms to pay off these assessments. Some neighboring communities allow 15 year terms. ● The assessment obligation should be transferable at sale, which some neighboring communities allow. ● The City should revisit whether the interest rate should be prime plus one. The City should not be charging its residents a one-hundred point basis handling fee. ● The Commission must develop a new framework for addressing road improvements. Homeowners should be able to clearly understand their options and costs. This should be the Commission’s highest priority. ROLL CALL VOTE Ayes: Emerine, Haig, Schafer, Baller, Host, Longe, Long Nays: None 06-218-25 Wimbleton Phase 1 Project Contract #7-24 (P) to Eminent Excavating
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8 June 23, 2025 LLC CE Coatta presented the item. Staff answered informational questions from the Commission. Commissioners raised the following points during discussion: ● It would have been preferable if curbs could have been added to the project. ● Adding curbs would have significantly changed the cost to the City. The prior change in the cost split had not contemplated the addition of curbs. If curbs were added, all previous motions regarding this project would have to be rescinded and re-done. ● The scope of the project was redefined. MOTION: Motion by Long, seconded by Haig: To award the Wimbleton Phase 1 Project Contract #7-24 (P) to Eminent Excavating LLC in the amount of $3,644,249.50 plus a 10% construction contingency for a total of $4,008,674.45. 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 insurance and bond requirements by Eminent Excavating LLC. Funding for this project has been budgeted in the following accounts, which the fund number, fund ID, project award, 10% contingencies, and total amounts are set forth on page three of 8D of the packet, and to approve the appropriation and amendment of the budget as follows, the sewer fund, water fund, revenues and expenditures also set forth on pages three and four of 8D of the packet. ROLL CALL VOTE Ayes: Emerine, Haig, Schafer, Baller, Host, Longe, Long Nays: None 06-219-25 Pumphouse Park & West Lincoln Well & Park Playgrounds DPSD Zielinski presented the item. Staff answered informational questions from the Commission. Commissioners raised the following points during discussion: ● Staff did a great job on the presentation, and in capturing the concerns of the residents. ● The Parks and Recreation Board deserved thanks for its hard work. ● The inclusion of options for children with different abilities was valuable. ● All sustainability-oriented improvements to the parks should have child-friendly educational signage with explanations. ● There was disagreement over whether the colors of the play structures should be more muted to align with expressed resident preferences, or whether children might enjoy brighter tones. ● Since the Commission encouraged and received resident feedback, it might be most appropriate to respect the feedback that was given. As a compromise, it might be possible to largely align with resident color preferences while increasing the amount of color a bit. ● Garbage cans and benches should be separated. ● The signage for the Parks should align with the Wayfinding standards. ● Retaining the names Pumphouse Park and West Lincoln Well and Park was positive. The City should consider installing signs in child-friendly language in each Park explaining pumphouses and wells, respectively. ● Alternatively, Pumphouse Park could be retained and West Lincoln Well and Park could be made a bit more child-friendly. ● Children may be inclined to climb the ‘spires’. This aspect might merit reconsideration. ● Penchura designed Scarlet's Playground, a nearby, completely accessible park. ● If Penchura, the Parks and Recreation Board, and the public did not raise concerns about the ‘spires’, they might not necessitate further review. ● The categorical age division for playground equipment was useful. ● It would be helpful to learn more about poured-in-place surface costs, maintenance, and longevity at a later time. ● Adding more benches around the play structure could be of benefit. It might be possible to add benches in the future via the general Parks and Recreation budget, or as donor items. MOTION: Motion by Schafer, seconded by Host: To approve the playground layout design for Pumphouse Park and purchase of playground equipment through Landscape Structures, Inc. with Sourcewell cooperative purchase pricing in the amount of $85,159.57, and the installation of the equipment by Penchura, LLC in the amount
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9 June 23, 2025 of $68,258.00 for a total purchase price of $153,417.57. Funds are available in the Parks System Construction Fund, account #408.2-901.751-979.0000. AND To approve the playground layout design for West Lincoln Well & Park and purchase of playground equipment through Landscape Structures, Inc. with Sourcewell cooperative purchase pricing in the amount of $118,552.53, and the installation of the equipment by Penchura, LLC in the amount of $105,638.00 for a total purchase price of $224,190.53. Funds are available in the Parks System Construction Fund, account #408.2-901.751-979.0000. AND To affirm maintaining the name Pumphouse Park and West Lincoln Well & Park. ROLL CALL VOTE Ayes: Emerine, Haig, Schafer, Baller, Host, Longe, Long Nays: None 06-220-25 Cross Connection Control Program DPSD Zielinski presented the item. Staff answered informational questions from the Commission. Commissioners raised the following points during discussion: ● Challenges could arise in carrying out these inspections. MOTION: Motion by Long, seconded by Host: To approve two five-year agreements with HydroCorp for Commercial and Residential Cross Connection Control Programs in the amounts not to exceed $96,600.11 for the Commercial Program, and $643,897.84 for the Residential Program. In addition, to authorize the Mayor and City Clerk to sign the agreements on behalf of the City. Funding for both projects has been budgeted in account #591-537.007-811.0000. Commission comment on the motion: ● Staff deserved thanks for the presentation. It was helpful to know that staff has a good working relationship with HydroCorp and a good understanding of the work required. ● Some members of the public may object to a State government department requesting entry into their home to conduct inspections. ● The requirement is that the City has to attempt the inspections. It is not a requirement that residents must permit the inspections. ● Clear and adequate communication to residents about the program’s inspection requests will be essential. Public Comment Jenny Johanns of HydroCorp commented that these inspections arise from the Michigan Safe Drinking Water Act, and that the requirements around these inspections are enforceable by EGLE. ROLL CALL VOTE Ayes: Emerine, Haig, Schafer, Baller, Host, Longe, Long Nays: None Commission Items for Future Discussion Commissioner Host made a motion to look at the residential building ordinances. It was noted that those ordinances would be reviewed as part of the ordinance update process. Motion died for lack of a second. 06-221-25 Planning Board Review of Outdoor Dining Permissions MPT Baller presented the proposed item. MOTION: Motion by Baller, seconded by Host: To ask the Planning Board to take a look at the ordinance regarding the use of public property for outdoor dining, and whether it is proper to seek approval from property owners for the use
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10 June 23, 2025 of public property, and whether it is appropriate to have private public1 property owners entering into agreements for the use. Commissioner comments on the motion were as follows: ● It would also be helpful to understand whether these agreements were intended to cover dining decks, seating adjacent to the restaurant, and seating in the furnishing zone, or only some of these locations. ● There were also questions about the appropriateness of a property owner being able to consent to an outdoor dining location that could impact their tenant without the tenant’s buy-in. VOICE VOTE Ayes: Emerine, Haig, Schafer, Baller, Host, Longe, Long Nays: None Commission Discussion On Items From A Prior Meeting 06-222-25 Subsidized Parking Commissioner Long presented the item. Commission comments on the item were as follows: ● It is valuable to support low wage workers, and there may be other options for achieving this. ● Restaurants in the City have trouble attracting staff, and this might remove one barrier. ● If restaurant owners are experiencing challenges in attracting staff, it is the owners’ responsibility to either increase wages, to subsidize the parking costs for their employees, or to make other changes to attract employees. ● There was concern that service industry workers could be priced out of working in the City because of the prohibitive cost of parking. ● There could be a reduced rate for students and members of the service industry, they could be required to park in a specific location, and this could be done in collaboration with the Birmingham Shopping District. ● Many restaurant staff do not make enough money to park in the decks. ● The City might subsidize parking passes for business owners, who could then provide the parking passes to their employees. ● It would be difficult to ensure that these passes are only in use during an employee’s shift. ● This matter has not been raised by the Birmingham Shopping District or the Planning Board as a need. ● Communications from the Birmingham Shopping District and the Planning Board may not fully capture concerns of low-wage employees working within the City. ● The City already assists businesses in terms of the abundance of parking and the already- subsidized parking costs. It might be more appropriate to even discuss raising the parking rates, and to understand businesses would have to adjust. ● The reduced evening rate for parking does not necessarily help service workers working on earlier shifts. ● It may be possible for employees’ parking to be validated. Business owners that do so might have an easier time attracting employees. ● It would be valuable to reduce the amount of business-related parking in the neighborhoods. At the same time, Birmingham is a very friendly environment for restaurants. While the City does not make much from restaurants’ success, it does make revenue from diners’ parking. Striking a balance between these considerations is necessary. ● If the City reduces the rates for these employees, it is subsidized by the parking system at a cost to everybody else. MOTION: Motion by Long, seconded by Host: To move it to the next step. VOICE VOTE Ayes: Schafer, Emerine, Haig, Host, Long Nays: Baller, Longe 1As amended at the July 14, 2025 meeting.
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11 June 23, 2025 IV. REMOVED FROM CONSENT AGENDA X. COMMUNICATIONS A. Communications regarding the Village Fair B. Communications regarding special assessments C. Communications regarding Shirley and Arlington XI. REPORTS A. Commissioner Reports B. Commissioner Comments Commissioner Haig commented regarding a Landscaper Code of Conduct, a possible tree committee, and how the City manages parking along Lincoln during simultaneous high parking demand events. Further discussion about how to improve the parking experience around Forest Hills Swim Club and along Lincoln occurred. Commissioners had consensus about the following: ● It was the obligation of Forest Hills Swim Club to manage its parking demand appropriately. ● Increased communication between all parties was necessary. ● Steps should be taken to ensure emergency vehicle passage through the area. The Mayor noted that discussion about a potential tree committee was in process. Commissioner Long extended compliments regarding the updates to Oakland Avenue. He asked that signage be added to indicate further in advance the mandatory left turn lane onto S. Old Woodward and the lane that continues straight onto Willits to increase the safety of the intersection. C. Advisory Boards, Committees, Commissions’ Reports and Agendas D. Legislation E. City Staff 1. Change Order – Chester Garage Accent Paint 2. Complex Public/Private Partnerships Commissioner comments were as follows: ● If a developer came forward with a specific proposal that was of mutual interest to the City, the developer could be involved in developing the RFP that would have to go out for the idea. ● It would be appropriate for the City to consider projects that could help the City achieve its essential development, infrastructure, or other goals. ● The City must hire experienced representation for any potential public-private partnership process. ● There were concerns about how the preliminary costs of these reviews should be funded. ● Disclosure of ideas will be necessary for the transparency of the process. INFORMATION ONLY XII. ADJOURN The Commission motioned to adjourn at 12:02 a.m. Alexandria Bingham, City Clerk Laura Eichenhorn, City Transcriptionist