City Commission - Regular Meeting

Welcome to the uh city commission special meeting of Monday, May 4th, 2026 at 6 p.m. We're at 151 Martin Street in Birmingham, our beautiful historic city hall. Uh please join me in standing for the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Miss Bingham, could you please call the role? Mayor Balor here. Uh, temporary mayor proton here. Commissioner Kazowski here. Commissioner Cole here. Commissioner Host here.

Commissioner Hey is absent. I should note that uh Commissioner Hey contacted me to ask since he's recused from the close session if he should just wait till 7. I said of course. Thank you. Uh we're now uh open to matters open to the public for matters not on the agenda. Uh if you are here to speak online, use the raise your hand function. Uh if you're at the microphone, state your name. City of residence, you have three minutes.

Good evening. David Bloom, Birmingham resident. The reason I'm here now instead of seven is intentional because I wanted to address fewer people and not have as many people in the audience hear what I'm about to say. Also, with regard to what I'm about to say, I would be very happy, if proven wrong, to come back before this commission and apologize and say I was wrong. Okay. So, some questions for the mayor and the commission. Why are you accepting questionable advice and questionable work from our city attorney in terms of the issue of the term for the new commissioner? Why are you not following your own rules posted on your own website as in the commission? If you don't like if if you agree that there's an issue, the rules allow for changing the rules with the vote. So, if you don't agree, fine, have a vote, then take the then take the vote on the new commissioner. But why are you ignoring your own rules? I don't understand that. And I don't understand why you're following this kind of questionable advice and why the taxpayers have to pay for it. So those are my And then by not doing that and by not following your own rules, you all took an oath of office when you got here to the state, to the constitution, to the city. It's being negligent not to follow your own rules. I don't understand it. Can you help me understand what's going on? That's it.

Thank you. Um, anyone online, if you have a comment on a matter not on this agenda, feel free to raise your hand. Seeing none, we'll move on. Uh, we have I need a a resolution, please, to meet in close session. Uh, I would like to make a motion to meet in close session pursuant to MCL 15.2.68, 68 section 8 PNS 1 PNS D of the open meetings act to consider the purchase release of real property up to the time an option to purchase release that real property is obtained. Second. Uh do we need a roll call? Yes. On a roll call, please. Commissioner Cole,

yes. Commissioner Kazowski, yes. Commissioner Host, yes. Temporary Mayor Prom. Yes. Mayor R. Yes. We'll now adjourn to the Come here.

Testing. Testing. Mic check. 1 2 3 1 2

Thank you. Thank you. Thank you. Uh sorry for the late start. Uh welcome to Well, it's not late. We're actually right on time. Uh this is the regular uh city commission meeting of Monday, May 4th, 700 p.m. at beautiful city hall, historic city hall at 151 Martin Street in Birmingham. It is 7:01 p.m. Please join me in standing and saying the pledge of allegiance. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

Thank you. Miss Bing, could you please call the role? Mayor Valer here. Temporary mayor prom Theres Long here. Commissioner Hay here. Commissioner Host here. Commissioner Cole here. Commissioner Kowski

here. Um, next item is proclamations, congratulatory resolutions, awards, appointments, resignations, and confirmations, administrations of oath, introduction of guests, and announcements. We have a proclamation in our packet uh that it is National Public Works Week. I won't thrill you with a recitation. You can read it in the packet if you'd like. We have an announcement. The 2026 Celebrate Birmingham parade and party will be on Sunday, May 17th, 2026 from 1 to 4 pm. The event will begin with a community parade, always fun, featuring local organizations. Some of us up here will lead marching along Old Woodward to Shane Park. I believe it starts down by Park there, comes up and around where residents, visitors can enjoy crafts and activity. The set the parade will and celebration will continue in the park Shane Park where residents and visitors can enjoy crafts and activity booths hosted by local organizations along with familyfriendly entertainment including face painting, magic shows, a bounce house and other activities throughout the afternoon. The annual event is free for all. A wonderful opportunity for the community to come together and celebrate Birmingham. How many years have we been doing this? Many, many. As long as I've been here, that's 40. So, hope everybody can come out. Uh, next item of business is appointments. We have an appointment to the Housing Board of Appeals. Uh, the applicant is Dennis Mando. Mr. Mando, are you here? Hello. Could you come on down and introduce yourself, please? Yeah. I'm Dennis Mando. I've been u a mechanical contractor in Birmingham for the last 45 years and uh worked a lot

with the city on different different projects and uh I've been at this uh uh board of appeals post for probably the last 20 years. That's it. Thank you. Thank you. I entertain a nomination, please. Uh, I'd like to make a motion to appoint Dennis Mando to the Housing Board of Appeals to serve a three-year term expiring May 4th, 2029. All those in favor? Any opposed? Well, it's unanimous. Please stand by for the swearing in. Uh, we have the Birmingham Area Cable Board, Darby Hadley. Darby, are you here?

I'm here. tell us why uh briefly your interest and unlike my predecessor, I'm only a 10-year resident of Birmingham and um recently retired from a career that kept me on the road all the time. So now I have time to give back. So uh I've always been in tech and this seems like a natural step to go from my career in tech into something that can help the community and hopefully use some of my skills. Excellent. Any questions for Mr. uh Hadley with Xfinity? Can we get channel 7 back? ABC. Let me write that down. That'll be my first thing. Thank you. Nomination. Make a motion. Okay.

To appoint Darby Hadley as a regular member to the Birmingham area cable board to serve the remainder of a three-year term to expire May 1st, 2029. All those in favor? I opposed. unanimous. Stand by for the swearing in. Next, we have the public arts board, Julie Pinkis. She needs to reschedu. She needs to reschedu. So, we'll be rescheduling that. Is that okay? Or would is it the pleasure of the commission to go ahead and appoint her? Uh I think she's new. She would be new. Okay. And so therefore, we generally don't.

Okay. We generally don't. Okay. So, we'll reschedu that. So, we will have swear. Oh, go ahead. We will have the swearing in then of the other two. Dennis and Darby, come on up and stand up.

Raise your right hand and say I do after me. I do soundly swear affirm that I will support the Constitution of the United States of America and the Constitution of this state and endeavor to secure and maintain an honest and efficient administration to Birmingham freed and partisan distinction or control and to perform the duties of the Office of Housing Boards Appeals and bring a cable according to the best of my ability. I love tomorrow. So you'll each sign and print and I'll fill in the rest. sign print and I'll fill in the rest.

Mr. Mayor, point of order. Uh c could I suggest that we change uh the agenda tonight? I would say 95% of the people here I'll get to that. Oh, you will? I know what you're talking about.

Thank you. Yes.

Thank you, gentlemen. Congratulations. Uh, next we move to open to the public for matters not on the agenda. The city welcomes public comment uh tonight limited to 3 minutes uh at the beginning of the uh public comment portion of the agenda on items or discussions that do not appear anywhere else in the printed agenda. The commission will not participate in a question and answer session and will take no action on any item not appearing on the posted agenda. The public can also speak to agenda items as they occur uh when the providing officer me opens the floor to the public. When recognized, please state your name for the record and direct all comments or questions to the mayor. Does anyone in the room have any comments on items not on the agenda? Anyone online? If you're online, use the raise your hand function. Seeing none, we'll move on to the consent agenda there. So, oh, come on up. So, I had an item listed in the communication, but it was uh suggested to me to ask if I could present during this public portion. Would that be possible?

Uh, which item was it? Uh, for Cape Seal for Northon. Did you receive my email? Yes, I did. I just wanted to minutes on the topic. Uh, I'm sorry. No, no, no. Thank you.

You're welcome. Um before we move on to the consent agenda, I'd like to sort of gauge uh who is here for what item. So we have three items that are at least three items on the agenda tonight that are uh of a broad public interest. One is short-term rentals. If you're here to hear about or discuss short-term rentals, raise your hand. I see 1 2 3 4 5 6 7 8 9 10ish. We have uh the Wimbledon phase 2 uh project. I see a about equal, a few less. And uh we have 400 East Lincoln Design. There's quite a few people here for that. And what what was the other thing? Oh, and we have the appointment of a uh a new city commissioner. It's a tough one. Uh I I you know we want to we want to we want to deal with all of you. Uh but I can say uh the consent agenda none of you are here for that. So uh are we okay putting that aside?

Yes. Okay. Good. And the next item is the city manager report which we don't have. Uh uh we have 400 East Lincoln. Uh and then the commission appointment. Uh I'm thinking given uh given the numbers that I saw that we just we ought to go in the order that it's on the agenda. Folks uh who may be at home, look at the agenda figure. It's going to be late in the meeting or early in the meeting. I think there are some items uh that we could uh whip through or put aside. Let's ask whether any commissioners intend to pull items off the consent agenda. All right. Well, you can pull out later. Yep. Okay.

I'm fine with doing that. Okay. It doesn't get snow. All right. Let's drop this. Let's move right into uh uh 400 East Lincoln. Okay.

Okay. Uh we have Smith here. They have completed the uh first iteration of the design, the renovation design for 400 East Lincoln. Dr. Scott from Smith will lead our discussion and let you know what they come up with all the way down here. For those of you who don't know, this is Sarah Sarkeesian. Uh she's also with working with us on the project. You stole my introduction, Mark.

Oh, sorry. Is there a presentation here somewhere? Look like you're using my own presentation. Okay. Do you need some tech help? I think I'm okay. Okay. Seem to remember how to do this. See a lot of familiar faces here.

For those of you who don't know, you probably all know, but the 400 East Lincoln is uh what will soon be the former YMCA. Let's do this. Let's do this here. How about that? That'll work. Oh, I got to duplicate screens. There we go. And these folks represent Newman. Never liking too much uh silence. These folks represent our architect Newman Smith whose uh charge is to uh suggest uh renovations to the first floor to accommodate uh next our senior organization. Here we go.

Yes. Hello. Hi, I'm Jim Stock from uh Newmanith Architecture. I'm a design director at the firm. with me is my favorite senior project manager Sarah Sarathian Bell. Um we've had the pleasure of um working with Next in the city um on this on this project. Um so we'll get right into it. So we're going to talk about the space program really quickly. This is the spaces that we're able to fit into the uh into the project. And I'm going to see if I can break through this. And can everybody see this? Okay. Should we make it bigger? Yes. And I'm going to ask the city commission right up front. Does anybody have any questions about the space program? I can certainly go back.

We've all seen your report and and I think if there's something important that you want to point out about the space allocation uh go ahead, but otherwise the diagrams are pretty uh you know the floor plan is

excellent. Excellent. Um I'll blow through these then. Um so what we have in front of you today is the existing floor plan of the first floor and that's really the scope of our work is the first floor of the um uh existing YMCA building. And um so point of reference the the arrow here represents the the entry into the building current entry into the building. Cursor is not showing up. Um just to the straight ahead is the reception area and the green box represents the library. And then right next to that on the right hand side at the top is a is a fitness room and then two offices. Um behind the reception area is their office administrative area. Um just to the west of that is the child watch um room that exists today. The red uh square is the elevator. And then as you come around the corner there's another stair that leads to the basement. And then that big room is the uh the big fitness room. you you may all be familiar with that with treadmills and ellipticals and things like that. Of course, the big yellow box in the middle is the gymnasium. Across from that on the east side or the parking lot side is another fitness area that's more free weight and and those types of spaces. And then just to the south of the gymnasium, there's various storage spaces and then stairs that that go up to the second floor and or down to the the locker room. And so just as a point of clarification, I want to point out that our scope here today only deals with the the first floor of this building. So that represents about uh almost 16,000 square ft as highlighted in in red and blue. And with that, our our building scope renovation scope is is a is a few things. First and foremost, we're interested in making the the the uh the building barrier fee compliant. You know, think hardware and door operators and things like that. In fact, that's our first point. You know, adding power

door operators at the north vestibule, so make it easier to get in and out of the building, right? New door hardware levers, right? Knobs are no longer barrier free compliance. We need to change door hardware to levers. Um, additionally, the toilet rooms that are on the first floor are not barrierfree compliant. So, we will be adding two new completely barrierfree compliant compliant toilet rooms. Of course, these renovated areas we need to make life safety compliant. So, you know, think about fire alarms and strobes and things like that. So, the spaces that we're renovating, we would we would bring that up to life safety code. Um throughout the first floor, we would we would be providing new paint and wall base um floor finishes throughout the entire first floor. Um and then additionally new acoustical tile ceilings, new supply and return air diffusers in all the spaces. Um we would be looking at energy efficient LED lighting throughout the the whole area. And we would also equip all room with lighting dimmer and it's per code that when you leave a room as we all know the lights turn off and so we would have to we have to follow building code while doing that as well. Um, we would like to look at doing all new doors and door hardware because the doors are well they've they've s they serve their their their useful life. They need to be replaced. Um, in the existing toilet room on the first floor, we're proposing to replace the toilet partitions, the plumbing fixtures and hardware and um and uh um replace the lighting and in and toilet accessories in that uh uh toilet room as well. And then also there's quite a bit of furniture and uh equipment at the existing next location. So, whatever we can bring from that location to this location, we're going we're going to do so. So, let me see if I can My cursor is not working. So, um Okay, so the entrance is

staying where it is.

Oh, I know what I can do. Can we see? Let's see. I'm going to do a laser pointer now. We can see that. Right. There we go. Okay. So, um the entrance stays where it is. We're turning the the former library. This is the what they call the computer room because there's some seniors that simply don't have computers. And so we would be providing, you know, computers for for senior um, you know, next folks to be able to use in the computer room. Next to that is a small lobby. But what we've done here is we've combined the the existing fitness area in two offices into a multi-purpose room or the art room. So we've um we've, you know, brought over the kiln here. We're providing a sink and then also some um um some pottery wheels and a roller that would really have this function as an art room, you know, for the next folks. The existing toilet area, toilet rooms stay the same with the exception of new fixtures and toilet partitions and things. Um the reception area stays roughly the same, but we've completely renovated the existing office area. In fact, we in fact we we fit more folks in this area just by simply using open open office furniture cubicles. We only have two enclosed offices here um for privacy concerns really. Um just to the left of the entry we have um uh an enlarged kitchen. So that'll serve the meals on wheels program. And then just south of that we have our new barrierfree uh compliant toilet rooms that we have here. And then we've turned the existing fitness area into their new um cafe or lounge. And so you can start to see we've actually grabbed a little bit of the corridor that comes through here to make this a you know a bigger area you know to play cards and to hang out and socialize between you know all the programs that they have. So back down the corridor what used to be the child watch area is now the is

now a a fitness room. And see these rep represent, you know, some yoga mats on the on the floor, little weight rack that happens in the corner here. And then what was formally the the uh the cardio area, we've turned that into more multi-purpose rooms. So, we have some storage, you know, for tables and chairs and things. We're able to divide that space up to make the two spaces. And here, and I'll show you, uh, you know, different floor plan layouts in just a moment how we can use this space. These are 5 foot rounds. Here we've taken a former storage area for the gymnasium and turn that into a small cardio space as well. And and then of course we would we're proposing to uh refinish the gym floors and uh restripe them to actually show pickle ball courts as well because we can't have a senior center without pickle ball courts. So what this diagram starts to show is um the different configurations of which we can reorganize the multi-purpose rooms. You know here we have it in a lecture style where we have two flat screen TVs on the wall. So imagine if this this um um partition the movable partition is in the open position. You're able to see content on both of these AV screens. This is a configuration where if this the wall was in the closed position and and you can use training tables. Let's say if there was a um um you know type of a a training exercise or or a lecture that you need a table for a laptop or something or take notes on, you can configure it in this location here. Or let's say if you have a gigantic bridge tournament, you can open the space up and then you can have tables and chairs in there as well. So we we believe this provides a number of um seating and and table flexibility that that the next folks desire. So next um no pun intended, our our next steps are to um select the interior finishes for the um project. We're

coordinating right now with a construction cost estimator. So, we're going to develop um a number of of schemes within this building so they can they can price these things and make sure we're not over budget and prioritize things we need to do within the project itself. And then we would develop the construction documents. And um and that's it. That's our progress so far on the project. Excellent. So, thank you. Uh is there anyone here from next who would like to speak?

Come on out. Good evening. My name is Chris Braun, the director of Next and 35 year Birmingham resident. I just want to thank Jim and and Sarah for all their hard work. I think the floor plan, using an existing floor plan and knocking out some walls and making the rooms that we need to um provide the services and the resources we have for Birmingham seniors, I think it'll work out pretty well and we're thrilled that we are at this point now and we can kind of see the end in sight hopefully. And I I think it'll work out very very well and I I think our members will be pleased when they see it. It's hard to picture it on a floor plan, so once we have some renderings and and things like that, it'll be much better. But we're getting there. We're getting there.

Uh any questions? We'll get to that. Okay. Um my preference is that we have a motion if anybody feels the inclination to put a motion on the table so that we have something firm to discuss or um I'm happy to make a motion. uh make a motion adopting a resolution to approve the architectural design plan for the renovation of the first floor of the building at 400 East Lincoln as presented by Newman Smith Architects and to direct city staff to issue a request for proposals for a contractor to develop construction design build plans for the 400 East Lincoln uh consistent with the design plan. Second. Excellent discussion. Commissioner Host.

Hey, are we allowed to ask questions now? Yeah. Oh, okay. Jim, uh, in the gymnasium where you're putting two pickle ball courts, does it remain a gymnasium when the pickle ball people are not in there? Is it a a regular gymnasium? Absolutely. Yes. We are not taking down the hoops or even the curtain or anything like that. Yep.

And now a comment on the motion. It doesn't include an ADA elevator. And what we're discussing is onethird of the building, which hopefully will be finished by June of next year. Uh without an ADA elevator in this building, the lower level as well as the second floor are totally useless. And the city of Birmingham taxpayers own this building and deserve to have the use of all the space, not just onethird of the space for 4% of our population. I'm one of the 37% of next. Uh, and as such, I won't vote for this unless we get an ADA elevator because the city of Birmingham owns this and deserves to be using 100% of the building.

Thank you. I I will just add the comment that uh my understanding uh as mayor is that this is uh phase one and that we will be we need we have a deadline to get next in there. this uh matches up with the uh uh

the not only theou but but the uh millillage uh proposal that that voters approved to to renovate the building for next. Uh so we may eventually move to uh some plans that take into account the upper and lower floors and elevators, but tonight the only thing on our agenda is to uh deal with the plans for next and the first floor. Thank you, Mr. Smith. Quick, this would an elevator and AD was not part of their uh

scope. So and we approved that we approved the the the correct engaging them and that scope. So, it's possible that had you had the concerns about the elevator at that point, uh maybe maybe we could have included it, but we didn't. Any other uh comments, Commissioner Hay?

Yeah. Um couple of things just from orientation on the picture bottom left where we've got the what used to be the electrical cabinet and then the 95T storage. Is there anything could be done more with that to add storage? cuz it just feels like an awkward space right now and it's like dead space that's not being fully utilized. And the next question within the same theme was on the bottom right the circulation 329 ft. What's that that's just underneath that? Is that another foyer? And is there something could have been No, to the right of there. Go down. Yeah, that leads into the pool.

Ah, okay. All right. Because I was just wondering again, same question about that 329 ft. Is there anything could have been done to maybe utilize that more by moving a wall somewhere because it just seems like again it's lost opportunity for space. That's really it. Sure. It it's it's egress capacity from the gymnasium and from the lounge area. So that's that's needed from an egress standpoint. Okay, fair enough. Yep. Uh and the storage he he asked about on the uh the multi-purpose room you're seeing right here. Yeah. Just that it seems like there's there's something that Well, this is an electrical cabinet. We can't we can't move that. Well, we can. Just cost a lot of money. But, um, you know, you know, could we, you know, I was thinking just to the right of it. It looks like

right in right in here. Well, there's a corridor that we have between the gymnasium and the multi-purpose area. So, as you kind of come around here, you know, actually what we could do is make the storage room a little bigger. I was going to overthink it. It was just if there's an opportunity to make more storage here, then why not take the opportunity now while we're actually moving stuff around. It was fine. That's really all I wanted to go and no further than that. And then the last question was uh up by the reception there's the stairwell. I think it's stairwell four. How's that being blocked off? Yep. Um we're just simply now providing a door. Okay. Lockable. Correct. All right. That's it. Oh yeah. One last comment. Sure.

Yeah. So uh November, a lot of you that are sitting in the audience asked pointed questions about when's next going to have a home. And I got really confused by your questions because I kept on telling you next had a home. I wanted to do it right. Not do it badly. Do it right. So that's why I was confused by some of you asking when are we going to have a home cuz we don't have one. You always did. That's doing it right. That's it. Thank you. Commissioner Host,

uh to reiterate about the elevator, um it should be done while we're doing this to get next in there and that way the city of Birmingham taxpayers can use the entire building. This should be part of the same construction.

Thank you. Clear comments, commissioners, temporary mayor prom law. Um, I just want to say it is a uh I think a very reasonable, very costefficient, very um uh tight design. I think you did a great job moving minimal amount of load bear loadbearing walls. Um, you know, not disrupting the hallways or the gym. Um, uh, I think it addresses all the concerns we have. It's a nice small kitchen which many of the commissioners wanted. So, it is I think a very efficient, very effective design. I think you did a great job maximizing the square footage you had. Thank you.

Thank you. Anyone else commissioner? I'll just say real really quickly that I echo temporary mirror promong's uh thoughts and and I also I agree with Commissioner Host that I think you know we we definitely want to explore subsequent phases what else we can do with the building. You know, we do own the whole thing. We'd like to use as much of it as we can, but I think that this is the right first step. So, I will be supporting the motion. Thank you. I support the motion. Enough said. Public comment.

Public comment. Anybody from the public like to comment on the motion? None. Wow. Anybody online? Well, folks are cooperating. We're moving right along. Nobody online. Uh, Ellen, roll call. Commissioner Theres Long, yes. Mayor Balor, yes. Commissioner Host, no. Commissioner Kazolski, yes. Commissioner Hey, yes. Commissioner Cole, yes. Thank you. Congratulations. Thank you very much. We look forward to seeing more of you. Thank you. Thank you. Uh, moving right along. Go ahead. You can clap.

Thank you. Can I do that?

Now you might need it. Sorry. Don't look at the screen. Can you help? The screens are really crazy. We're going to take It's like a horror movie. Sorry. Seriously,

uh, everybody just focus down. Don't look up. You know what?

Oh, that's not going to solve. Just rolling them up. Yeah, that's weird. I think it probably is missing an output thing. Does he plug something? He did plug in his own computer, but then you got to plug something in. Okay. While she's working on that, a little bit of commentary on the uh agenda. We we have something on the agenda that talks about, you know, what we do if we're deadlocked.

Uh we don't know that we're deadlocked. So, we're going to move right to uh nominations and uh and and possible appointment of a new city commissioner. If at that point we're deadlocked, then we can go back to the item that talks about how we move forward on that. Right. Yeah. And so, uh Oh, we're good. Um, so I guess uh we can open the floor to nominations. Correct. We just Commissioner Klowski.

All right, we're back here again. Um, feeling like déja vu a little bit, but um and so I will try to keep it short again. Um, I would I would be honored to nominate nominate Deborah her. Um, as I've said before, I think all of the candidates who applied are excellent. Um, I think that this city is blessed to have such talented people willing to donate their time and effort. Uh, but I really just think that it would be a real shame if we missed this opportunity to have somebody with such deep expertise about municipal policy, about how it interacts with state law. Um, I just think that this is is too perfect an opportunity and I really hope that we avail ourselves of it. So, I would like to Oh, boy. I'm going to find the language. uh move to nominate Deborah her to the city commission to serve the remainder of a 4-year term to expire in November of 2027.

Okay. Other nominations. Commissioner Cole. Um I don't I read a threeminut speech last time. I assume you don't want me to read it again.

That is entirely up to you. Robert's rule says you've got 10 minutes. So, I would like to once again um support Mary Jay. Um Birmingham is a truly special place, a charming, walkable city with treeline streets, outstanding schools, and a community spirit that is the envy envy of communities across Michigan. But keeping Birmingham special in a changing world requires thoughtful, experienced leadership. That is exactly what Mary Jay brings. a perspective on problems and approaches to solving problems that are additive to this commission not duplicative. Mary spent over 40 years as a senior executive at Chrysler Dler Chrysler FCA and Stalantist one of the most complex globally competitive industries in the world. What makes her background genuinely distinctive is not just that she ran large organizations but the specific nature of what she did. She led product and commercial development, negotiated and reviewed legal documents, technical, operational, distribution and franchise, and held direct decision-making authority over major business proposals. That is a very particular skill set. Someone who has sat across the table in high stakes negotiations, who understands how contracts shape outcomes, and who has had to be accountable for those decisions at scale. That kind of experience, commercial judgment, legal fluency, and operational execution allin-one is not something every board or commission has. It is the kind of lens that can change how a body evaluates a contract with a developer, weighs an infrastructure proposal, or scrutinizes the fine print of an agreement before the city signs it. It is additive in the truest sense of the word. And then there is the perspective she brings as a resident. Mary bought her first home in Little San Francisco over 33 years ago. She has watched neighborhoods change from the inside, not from a boardroom, but from her front porch. She currently serves on the historic district

commission and is on the board of sale, focused on independent living for adults. She understands both the physical fabric of Birmingham and the human needs of its residents in a way that is deeply personal. Second. I don't believe the second is necessary. So, you nominate her? Yes. I didn't hear that part. For a term to serve the remainder of a four-year term to expire November 2027. Yes, sir. Okay. Second. Again, nominations do not require second.

Comment on uh either of the comment on this. Uh yes. Uh what I find interesting in the three weeks that we have been deadlocked um only three of the commissioners reached out to the other side and that would be Deborah her in the case of these two guys and me. Whereas your side never reached out to Mary Jay and I find that Emily Post would be turning over in her grave. That's all.

Temporary mayor prom. Um I'm going to um politely uh take issue with the idea that there are sides here. Um, I think that um I think what there is instead is a fundamental uh difference of opinion about the role of the commission in city government and um the person best suited to fill this role. Um, and I would also say that um um although um I did not initiate the contact, I did speak to Miss Jay after the original vote. So um perhaps you are not completely informed about who has talked to who, Commissioner Host. Um I I absolutely agree with the with the um comments that Commissioner Cole made about Miss Jay. She has wonderful business experience. Um, I however believe that those strengths are what you would be looking for in a department head or a city manager. Scrutinizing contracts and so forth was one of the examples he used. And that this commission is not the city manager and we do not direct employees or projects or staff. That we are uh we function as the board of directors. Um, we do not have any employees who report to us other than the city manager. And um, and I am always uh very concerned when city commissioners think that their role is to micromanage or overstep or direct um, and usurp the city manager's role. So, in my vision, I think that Deborah her is um the candidate who can

add the most to this commission. Um because as I said the two weeks ago, um she can bring new perspectives, she can bring new resources, she can bring the body of her research. One of the things that she spent a good portion of her career studying is fiscal models and fiscal sustainability in um municipal governments across the state of Michigan. And I think that's a useful perspective for us to have as we are um thinking about how we um spend taxes and pay for roads and what policies we develop about how we're going to move forward on um maintaining roads, paying for improved roads or how we handle unimproved roads, how we look at our um sewer and water infrastructure. I think that that perspective is not academic and it is not you know not real world as some have asserted. I think that that is a person who who is well trained for this position like I said which is more like the board of directors than the city manager role itself. And so I think there are not sides rather there are um perspectives on how this commission should operate.

Uh Commissioner A. Um someone correct me if I'm wrong in remembering this. The oath of our office is free from partisan bias and distinction. Is that correct? It's part of the phrasing. Yes, Alex. free from partisan distinction or control.

Okay, thank you for the correct wording. Um, so I've heard now from more than one person that uh a political party has weighed in and tried telling some people up here which way to vote for party lines, which is a violation of oath of office. I never asked anyone what their political party is because it's not part of the office, not part of the deal. But someone decided to now put a shadow of doubt over one of the candidates by telling people you need to vote for our person because they belong to this party. I'm sorry, but now what am I supposed to do? Break my oath of office. I have heard no such thing. I've heard it more than one person.

Okay. Well, you've heard it, but it doesn't you you vote how you want to vote.

Yeah, but my point is nobody's questioning whether your independence uh your independence Just saying what now that does is it injects and I don't believe that this particular candidate asked for it but what it's done is now going to put it out there. Oh, well, they're they're potentially under this influence, which I find sad, actually. What? And so, that's where I have a great big challenge with now going forwards with this because a political party decided to inject itself and ignore our oath of office, paid it no respect. I have an issue with that because that's the whole point of this is nonpartisan. So, that's really the point I wanted to make about it. It's very sad that we had to have that because a an endorsement is different from a phone call that says you need to vote for our party member. Very different message. That's okay. I'm speechless with regard to that. I don't I don't know what I don't folks. Does anybody have any comment? Any further comments? Comments from the public? Sure. Come on up. Sorry about Hoff 211 East Merrill. As a person who sat in your seats for 20 years, I know intimately how the commission works and it really saddens me to hear people talking about sides. That's not how the commission is supposed to work. Differences of opinion are healthy. I appreciate differences of opinion. That's how you move forward. But sides is not what we're supposed to be doing

and it's not what you were elected to do. So I am up here tonight. I wrote all of you um an email because I feel so strongly about this knowing what it takes to be a commissioner and how difficult it is to make decisions. I urge you to break the tie vote, which I've seen, and make an appointment to fill the vacancy on the city commission tonight. Otherwise, I'm concerned that there will be a deadlock in future votes affecting the effectiveness of this body and your decisions for the next 18 months. And there are so many important issues coming before the commission in the coming months. We're starting now, and I was very happy to hear the vote on the renovation of 400 East Lincoln. That's an important um issue in our community. the community house, that's another very important issue. City infrastructure and street improvements to name a few. And you would be doing a disservice to the citizens you are elected to represent if you continue to have 33 votes. Nothing will get done and it's a real disservice. Now, I don't know either candidate. Well, I sat I happened to sit next to Miss Her tonight and uh she introduced herself, but uh before tonight, I don't know either candidate, but I think that both are highly qualified women. And although I personally have a preference, that isn't what's important. I could support either of the candidates. The reason being is I'm hopeful that the person selected has enough integrity, experience, and leadership skills to make decisions based on evidence and facts rather than simply joining a click of three other commissioners. That's what I'm hopeful. That's not what I'm convinced will happen, but that's what I'm hopeful and

that's what should happen. Therefore, I'm imploring just one of you, that's all it takes is one of you to reconsider your previous vote and support the other candidate so the empty seat will be filled and the commission can move forward with efficient and effective city leadership. Thank you. Thank you.

Let's hold that down, please. Hello. Good evening. Um, Danielle Malin. I live at 81. Hold on. Hold on. Danielle, sorry. Okay. Sorry. Start over.

Okay. Uh, Danielle Malin. I live at 811 Tottenham Road here in lovely Birmingham. Um, I'm here tonight to support Deborah Hero for the vacant seat on the commission. Um, though I agree both candidates sound wonderful. Um, but I believe Deborah her's work with U of M's Center for Local State and Urban Policy would be an asset to the commission. Um, I was going to read all of her uh accomplishments, but you guys are all aware of this, but um I think personally I was a city employee. I was a state government employee. I love the idea that even though she is not a government employee, but she has all this government experience and I think that would be a wonderful asset to the commission. So, thank you.

Thank you. Hi, I'm Stacy Shriber. I live at 1091 Oxford in Birmingham, Michigan. And I also think that both of the candidates sound like they would be an asset to the commission. But I am here to state that I would love to see Deborah her um be added to the commission for the reasons Danielle said and Commissioner Kosowski said. and um I don't have much to add as to what has already been said. So, thank you. Thank you.

Hi, I'm Wendy Freriedman. Can you hear me? Yes. Yep.

Um I live at 1369 Stanley Boulevard in Birmingham. I'm here to speak in support of Deborah her whose qualifications and dedication make her the best choice for the commission. What stands out to me is that Deborah brings something that we don't always have at the local level. Um and that was echoed by Kevin as well. Um she's trained to analyze problems using real data. She focuses on what actually works and just as importantly what doesn't work. City decisions, as you all know, are not simple. Whether it's infrastructure, development, or budgeting, there are always tradeoffs and unintended consequences if you don't think think things through. That's exactly what Deborah's background, why Deborah's background matters. She doesn't just ask, should we do this? She asks what happens after we do this. And that's critical. It's not theoretical. It's how better decisions actually get made. Deborah works with cities across Michigan, as you know, through her research and policy work. She's also recently been invited to present at the Michigan Municipal League's fall conference, which I assume you'll all be going to because she's working with local leaders on the very challenges cities are facing now, from infrastructure to budgets to emerging legal issues. Many of these, as you know better than I, are the same issues that Birmingham is dealing with right now. Infrastructure is a perfect example. Like many cities, we've deferred from some of these decisions over time, and now they're catching up with us. We need people at the table who not only understand the problem, which you all do, but also understand how similar commu communities to Birmingham are addressing it in practical and proven ways. And this isn't abstract. Cities

like ours are figuring out how to phase infrastructure upgrades without overburdening residents, how to prioritize, how to fund, and how to communicate those choices clearly. That's exactly the kind of real world decision-making Deborah is equipped to help guide. What Deborah brings is truly a valuable perspective. She doesn't have to guess or start from scratch. She can look at what's working elsewhere and help guide smarter decisions here in Birmingham. Just as important, she can communicate complex issues clearly, helping ensure com the commission and the public can engage in thoughtful, informed decision-making. At the end of the day, being a commissioner is an is about judgment. It's about being thoughtful, informed, and able to weigh competing priorities responsibly. This commission already benefits from strong business and management experience. Deborah brings a complimentary perspective grounded in policy analysis and realworld data that would further strengthen the group. That's why I support Deborah and I believe she would be a tremendous asset to this commission. So I thank you will hope one of you will consider.

Thank you very much. Thank you M. Hi, my name is Diana Lopez Negrretti. I live at 1324 Ruffner Avenue. I've been in Birmingham for about five years. And over the last 5 years, I've seen an explosive amount of growth in the town of Birmingham. After reviewing both of the resumes of both candidates, I would strongly encourage you to support Deborah her. I know that, for instance, in my day-to-day job, I I work for a public company and I focus on a product that deals with affordable housing, but that wouldn't allow me to be an expert on affordable housing. People who dive deep into public policy and can make those datadriven decisions that we desperately need in the city of Birmingham, I think, will be extremely impactful. As the previous speaker mentioned, you already have the business experience clearly on this board. Mr. Cole himself was actually an executive for a number of years making tough decisions. I think it would be really beneficial to have an individual who has the background in public policy. I live in an area that is constantly inundated with noise. There's tons of issues with the streets in Birmingham. These are issues that are not going to go away as it as a city continues to scale. We have new restaurants opening. We have new stores opening, new businesses coming in. And as more residents move to this area, we need smart public policy in order to be able to support and maintain the streets and roads that we all come to have come to love in Birmingham. So I would urge hopefully, similar to the very first woman who spoke, I would urge one of you to hopefully put down any of your partisan swords and try to come together and, you know, resolve this issue. Thank you.

Thank you. I am Mike Mchuan at live at 1324 Ruffner Avenue. Uh I'm also here to uh support Deborah her for this vacant seat. Uh I'm not going to spend a lot of time. I echo a lot of what we've been hearing tonight both up here and among the crowd. Uh I think as the last person just spoke, we have a lot of uh good business acumen already in this commission. I think we need somebody with deep public policy expertise to really navigate the real issues that the city is facing such as housing such as noise on Woodward which has not been dealt with or addressed in any way shape or form that I see as a somebody that lives half a block away from it. So just echoing what everybody else has said and giving my support for Deborah Warner.

Thank you. Thank you very much.

Good evening. I'm Michael Smith at 1244 Cole and I'm here to ask one of you to also support Deborah her. I have returned to Birmingham. I was here in uh the earlier part of the decade and last part of uh the last decade and then moved away and then returned and I was um very shocked at how uh awful the noise is in Woodward. It's intolerable. I think that having somebody that has good network and connectivity to be able to work with state government and municipal government knowing that it is a state highway would be fantastic. Even if she can help even a little bit, I would be very very happy about that. But what is most important to me as a taxpayer here in Birmingham are the things that make a make a city work really well. safety, health, schools, you know, everything that goes all the ingredients into into a great foundation for then businesses to come in and will be attracted to be be living here. So, I think Deborah her has the the background, the capabilities, and also has a great just overall vast network around the state that she can draw upon to make sure that Birmingham's the best city to live in in the state. So, I agree with Commissioner Kazowski. It'd be a real shame if we missed out on this opportunity. Thank you.

Thank you.

Hi there. My name is Issa Dassie Arian and I live at the corner of Maple and Adams in Birmingham. Uh my with my husband who grew up here in Birmingham his whole life. Um we moved to Birmingham well I did um from out of state and to raise our kids because it's a thoughtful and intentionally run city and that's something I value and appreciate every single day. So thank you very much. Um, and I am here in support of Deborah her because she is exactly the kind of commissioner who will keep our city that way. She brings two decades of professional experience in the exact work that you do. Um, budgeting, zoning, infrastructure and sustainability and um, I believe that she is the gold standard and I urge one of you to cross to the other um, to support her and uh, thank you very much. Thank you. Anyone online? If you're online and you'd like to comment, use the raise your hand function on Zoom.

Don't see anyone. One more. George coming up.

Good evening, George Dogard. Just want to follow up to what I said uh last Monday and I was thinking about this week and one of the issues here is the composition of this city commission and this commission. It's not your fault but it lacks a lot of experience and expertise. No attorney, no planning board experience, no architect, no urban planner. When I served on the commission with Raki, I was only eight years also on the planning board. On that commission, we had all of those covered and many more as well as business. So, I think Deborah her fits what the city needs and what the city commission needs and I think the vote should be taken tonight and to move on and have a full city commission. Thank you.

Thank you. Any other comments in the room? Any further comments from the commission? Uh, I'm just going to say I'm on this is the side I'm on. Yours. Okay. Ever since I got involved in city government 25 years ago, I've been on the side of Birmingham residents. And that's the only side I'm on. And I'm going to echo I you folks out there and up here made the case for Deborah her the she is with the Gerald R. Ford School of Public Policy at the University of Michigan. She's with the school's center for local, state, and urban policy. It's what we do every day. Call the vote on Deborah Horner, please. Commissioner Cole,

no. Commissioner Kazowski, yes. Commissioner Hey, no. Commissioner Theres Long, yes. Mayor Balor, yes. Commissioner Host, no. Okay. Vote on uh Mary J. Commissioner Kazowski. No. Commissioner Cole, yes. Commissioner Hey, yes. Commissioner Host, yes. Commissioner Theres Long, no. Mayor Balor, no.

Let's do it one more time and then we can move on to the next agenda item. Let's uh roll call on Deborah Hero. Commissioner Cole, no. Commissioner Hey, no. Commissioner Theres Long, yes. Commissioner Host, no. Mayor Balor, yes. Commissioner Kazowski, yes.

Go ahead one time on one more time on Mary Jay and then we're going to move on. Commissioner Theres Long, no. Commissioner Cole, yes. Mayor Balor, no. Commissioner Kowski, no. Commissioner Hey, yes. Commissioner Host, yes. Thank you. Uh, we have a couple of memos uh from the city attorney which I am going to ask her to uh expound upon and then uh we have some decisions to make up here. Uh

that is true. Um well, commissioners, now it looks like we move on to C, which is the discussions and how we're going to handle the sacred seat going forward. Um first, I would like to address the uh one of the communications that is in the packet um with the suggestion that the city commission is not following its rules of procedures now going forward. Um, and that somehow the rules of procedure of the city commission found on the website is somehow in conflict with state laws and that the commission is not following the rules. The city commission is following its own rules of procedure. You are following them correctly. But more importantly, what you are following is the correct hierarchy of laws. Um, so the Michigan Constitution gives

Can I cut you off a second? Does anybody up here have any question about that? We all good with that? Do we need to do does she need to recite this or because it was a it was a letter from a citizen who disputed u the law and I think we all know the law. We've been and if if you want her to make a line by line argument against you know for what we all already know um she can do it but just proceed proceed proceed. Okay. I think the resident's entitled to hear the opinion. Uh the resident can hear the read the opinion in our packet. Fair enough.

Okay. Let's move on to the next uh how we move forward.

Okay. So what's important to know now is now that the city commission remains deadlocked uh the sheet will stay vacant until the next regular municipal election uh which is November of 2027 and that's consistent with the state law and also consistent with our charter. So the question is what will be the rules of process going forward? um as I noted in the um one now that the part of the charter says that there's an opportunity moving forward to have the issue come back on a future agenda um item. So the city manager and I and city staff discuss different uh thoughts and ideas and things that this city commission must decide for its own process moving forward. Um, first and foremost, and of course I can't I can't find my own.

You want me to go through them? We have several decisions to make. One is uh No. One one that was raised by staff is that uh we agree that the six of us need to be present for any vote that occurs going forward. I see two nods. Yes, that sounds fair. So, it sounds fair. Uh, I think we should make a motion on each one of these items. Yes. All right. Can I get a motion that all six commissioners be present for any vote between now and November of 2027? On She's ready to make a motion. I'll second if she makes it.

I move that all six commissioners must be present for nominations and voting as our charter states that the appointment is made by a majority of the remaining members and the remaining members are all six city commissioners. Seconded. Uh, do I need a roll call or can we just May I make a quick comment on the motion? Sure. Sorry. On the extremely unfortunate off chance that some other commissioner is somehow rendered unable to serve, are we going to Right. The number six is now in this motion. Right. Good point. What happens if if somehow someone else becomes unable to serve and there are now five? I think we that bridge will become

you're saying we we can revisit that. We're not going to hold ourselves to that motion. Okay. New motion. This is a merely a resolution. We are not making law. We are It's a resolution until circumstances change. Okay. Excellent. And we can do this by raises of hands. All those in favor. Unanimous.

Opposed? None. Unanimous. Thank you. The next uh question is whether we reopen applications at any point. And I think it's important to uh uh our rules of procedure regarding it's under the section that covers uh appointments to our all of our boards. Uh, I don't think it was necessarily anticipating an appointment to the commission, but it says if no nominee receives the required four votes for appointment, the process of nomination and voting may be repeated either at the same meeting or at a subsequent meeting. If the commission desires, the position may be renoticed. So, we could uh renotice. We could decide tonight that we're either going to renotice it. We could decide that uh at some point we may uh open it up for uh more applications. Uh I would caution you uh what that entails. it uh we've already uh cancelled or or repurposed two workshops and and uh one of them was for this and one was tonight that we were going to have workshops on other topics important matters before the commission. Um so if we decided to reopen nominations or reopen the application process, we would have to interview everyone uh and we'd have to go through all that. So, uh, happy to take, uh, either a motion on that or comments on it.

I don't know how to motion it. I wasn't clear on what your point was. I'm sorry. You did give us give us the cliff. The question is whether we whether we now or at any point in the future uh renotice this take new applications interview applicants again and then nominate from that new possibly no different pool of applicants. I suppose you can make what my opinion is on it but may I make an observation before we do a motion though? Yes, sure.

Um very valid question. Very valid point. What I would suggest we do is we actually make a motion to table that for a while to allow cooling off so that everybody can reconsider, think and we can remove any builtup emotion publicly and and personally within ourselves. And I say table rather than set a date certain because then we can choose when we feel appropriate to bring this back up again. I would feel comfortable doing that given that this is an emotive subject. So there's two questions and and the third one that I was going to ask it sort of overlaps with what you just said and that is uh if we let's say let's say for the sake of argument we decide tonight not to renotice it stick with the current pool what mechanism do you want to use to to bring it up on on an agenda? I don't feel we we should just keep bringing it up at every meeting and just be deadlocked at every meeting and and and it's just a big waste of time. So perhaps a this the the the city offered either the mayor or two commissioners. I didn't quite understand that but that that that might be a mechanism. I might suggest any one of us could say, "Hey, I want it on the uh agenda for a particular meeting." That may indicate that that commissioner changed his mind. May indicate not. I don't know why one would do that. Uh unless they did, but maybe. Or we could decide we want it once a month or once a quarter. I maybe again

thinking of the whole cooling off comment that I just made maybe we actually need to go through our standard process. Six members must be present. We bring it up as items for a future agenda and then we have to mo we have to motion and vote on whether we wish to bring it up and that sets a date and it follows our standardized procedures. There's no deviations whatsoever from any procedure that we've followed for all other issues that come in front of us. should a commissioner decide to bring it up. That way we don't create something new. We don't have something different and we're always following a standard process that is well established, well known, very clear and it also gives sufficient notification to everybody. That would be my proposal.

Does everybody understand what he's proposing? So you're proposing that it would be the the three-step process, correct? You get that? Yep. Three. Do we think it requires three steps or I feel like we could just say let's put it on the next agenda and then it shows up on the next agenda. Suggesting it so that we don't have a deviation from any other methodology that we follow and that also allows very clear sufficient public notification to everybody so that they if anybody and these other questions

the question of that answers the third question how do you get it on the agenda? At that point, we would decide, are we going to notice it? Because with a three-step process, there's plenty of time to notice it if that's what we want to do. Take applications. If we believe that our agenda is open for the next couple of months and we've got the time to to devote to it, I think it's an excellent idea. I I would feel most comfortable not creating something new and unique and following something that we do as as a form of business because then there are no questions. And and when the the commissioner who brings it up brings it up, we can always say no. Correct.

Okay. Is that any comments on that? I would support that, but I we haven't had a motion on it. But I'm still not exactly clear about what the three steps are. My understanding is the first step like a staff report, right? No, no, it wouldn't quite be that. Yeah, I know. That's what I'm saying though is I don't know exactly. Is it just we're gonna Sorry, what was that? Yeah, I think the first step would be first step it can be a commissioner requesting me based off a staff report whatever it may be it's simple process we follow for um items for a future agenda yes right the source of where it comes from it could be a member of the public actually came to us and said okay this could be something correct am I correct they could ask it it's a little different

we don't sorry I beg your pardon we don't do that no question is somebody raised says I'd like to vote on uh filling this seat. Yes, we vote on whether that should come up at the next meeting. Yes. And then at the next meeting there would be presumably well we would discuss whether we want to notice it. Yep. Or we just want to work with the pool of candidates that we have will then happen at that point and at that point if we decide to notice it then we'll notice it and deal with it. Then two weeks notice we think. Yep. Whatever. We don't always do it. It's got three steps

and those steps are now between each step and with all six present and is that by simple majority to put it on the agenda. The the votes are I think with all six agenda. Yes. All six must be present or else it will not motion and by simple majority. So four of the six. Sure. This is our requirement for super majority. Right. Can you could you make can you do that motion real? Um okay.

Oh no. It's my idea. You're making it complicated. So um let me see if I get this right. I'd like to make a motion that we table future discussion of a replacement city commissioner until such time that it is brought up by a commissioner following our three-step process to place it back on the agenda. All voting must be with six members present and a simple majority vote is required for a uh affirmative vote. Second. Does that sound reasonable to everybody? Sounds very good. I made it up as I go along. I'm not a lawyer. Yep.

Does anybody have a comment on the motion? Anybody in the public have a comment on the motion? Anybody online have a comment on the motion? I have a comment on the motion. To all those who think that all we do is bicker up here and we never agree on anything. What did you just see? Okay. Thank you. Uh all those in favor I opposed. Unanimous. Thank you. Mr. Mayor, I'm trying to learn this politics game as I go. Well, uh, no, we're going to hold off on the consent agenda. New business. Where are we?

We are on public hearing, water laterals, I guess. Wateral new a STR. Uh, the important things that are in order. So, if we could do the consent agenda until later to get people out. Oh, I I would like to do I uh not do you want to move to what was it? Wimbledon. I think we should do Wimbledon. Yeah. Public hearing. Public hearings.

We're going to uh I hope somebody's keeping track of what we do, what we're doing, and what we're not doing cuz I'm having a little fun. All right, we're going to go to item eight, new business. Uh item A, public hearing of necessity for sewer and water lateral special assessment district Wimbledon phase 2 project project contract number 6-26W. We're going to open the public hearing at 8:14 p.m. on May 4th, 2026 at Birmingham City Hall. Melissa Cota, our city engineer, will present. Good evening everyone.

Um so here's a presentation for Wimbleton Drive phase 2 the hearing a necessity for water and sewer laterals laterals for special assessment district. Um so with this the project limits for Wimbleton drive phase 2 is on Wimbleton Drive from Oxford to Adams Road. The project includes new water man uh sewer improvements and installation of the Cape Seal treatment on the roadway. um the special assessment district for the sewer and water laterals to be paid by the property owner at 100% of the cost. Um existing information about the utilities. Uh the water on Wibbleton Drive is a 6-in cast iron installed in 1925 and the proposed water man size on this section of Wimbleton is going to be a 12-in delta iron water man. Um concerns about the water man system it's over 100 years old. Um, also Wibbleton Street is the backbone of the water system of this area since it connects to the larger size of the water mane on Woodward Avenue and Adams Road and feeds the uh streets to north of Wimbledon itself. Also in this area, there's no water main feed from the north area due to the city limits and Bloomfield Township itself. Um, historically, the streets have experienced some water main breaks. Um so with this um this is an existing 4-in water man from last year's project on bird phase 1A. This was installed in 1931. So this kind of gives you an idea of a cross-section of an older water man and potentially a lot of times the inside diameter is reduced just over time of being the age of the water system and mentioned in two previous slides beforehand. So Wibbleton is located in this location right here. The project limits is from Oxford to Adams. And as you can see here in this location, this is the main looping system from Adams on this location on the right to Woodward Avenue on the left to be able to feed these streets to the north of here, which do have also 6-in water manes and some have 4in water manes. Um, we do not have any connections in this location

right here just due the city limits right here and this being Bloomfield Township in this location right here. So this is the major backbone of this water system to the north. And then this location right here, this is part of our existing uh fireflow conditions based on our water modeling itself. And you can see in this location area to the north uh due to the size of the existing water man in the area of 6 in and 4 in um it's showing that some of the fire hydrants are less than 1500 uh gallons per minute. So, it's something with the 12-in water man and working on projects in the future in this area to replace them to a minimum of 8 inch water man that will help the fire flow in this location. Uh the existing sewer is uh 8 to 12in combined sewer. It was installed in 1925 and 1926. Uh the proposed uh sewer replacement is a 12in to 36in storm sewer and a 12 to 15in combined sewer. Uh portions of the sewer are over 100 years old. Um sections of the sewer are needed to be open cut replacement due to the existing condition of the pipe and can and is not a candidate for sewer lighting. Um the existing catch basins on the street are in poor condition and need replacement. Um also with this with the proposed storm sewer improvements, it will create a separated storm system on the street and will drink directly to the Rouge River that was built as part of phase one itself. Um so in this location right here just shows the overall sewer map itself. Um this is before any uh construction occurred uh last year on Wimbledon phase one. Um but to be able to show that the some of the backbones of the sewer system for this area and to the north. Um so the city's policy is to protect the public investment being made with the capital improvement projects and the public roads as part of the project. Um so the criteria for a water lateral to be replaced um replace all water services that are 60 years in age or older or less than 1 in in diameter or constructive unsuitable material materials. Um, with this any uh water

existing water services that meets that criteria will get replaced with a new inch water uh service diameter or for some reason we run into a project where an existing uh water service is 1 and 12 in diameter, we would match that 1 and 1/2 in diameter. Uh for the sewer laterals, the policy is to replace all sewer laterals that are 50 years of age or older or less than 6 in in diameter or constructed with unsuitable material. Um with this if it meets that criteria it replaced with a 6 inch schedule 40 PVC uh or match an existing size if larger than 6 in. Um with this the water lateral would be 100% of cost to the property owner and the sewer lateral will be 100% cost to the property homeowner. Also uh the cost can be either paid back in a lump sum or over a period of time with interest. Uh the time and the interest rate will be confirmed at the confirmation of the rule. Um, we received bids on this project on April 9th and the water was uh $35.54 per linear foot for 1in diameter water service and for the sewer it was $49.77 per linear foot for the 6-in sewer pipe. And this right here shows the locations of the map. Um, with the blue, it would just be someone that's receiving a water uh service replacement only. Uh, where if it's green, it's just getting a sewer one. And if it's yellow, it's getting both water and sewer uh replacement within the rightway. And then here's a list of the property owners um that are in the water and sewer uh special assessment district. And then with this, engineering department recommends that city commission declare a necessity and approve the special assessment district for Wimbleton phase 2 project for water and sewer laterals. And should the commission approve it, a public hearing of confirmation of the role will be held on May 8th, 2026.

May 18th. May 18th. May 18th. Sorry about that. And that's the end of the presentation.

Thank you very much. It was important that we go through that because it's up to us to determine the necessity of that. So the detail is important. I want to remind everyone here that uh this is this portion of the meeting, this public hearing is about the sewer and water laterals only. This is not about the paving that comes next. Um these are uh uh this is not every property as you saw it's a subset. Okay. Uh now if you'd like to comment please approach the microphone state your name and city of residence and make your comments. Uh you also have an opportunity. You got to come to the microphone sir. I'm sorry we're it's a public record a public meeting. Um I would also hasten to add that if you have an objection uh you it is well

have a question this is for the entire room and anyone online. If if you have an objection in order to preserve your rights with the Michigan Tax Tribunal. It's important that you register your objection formally tonight or in writing to the city prior to this meeting. Okay. So, okay. Mr. Mayor, my name is Thomas Sarosino. I'm a builder and I'm uh I'm just curious, are you coming back to the uh to the consent consent agenda? Yes. Yes. Okay. Uh sorry, I didn't know there was someone here for the consent agenda, but yes, we are. You told me I should be here.

Yeah, we are. Okay. Sorry. Thank you. Oops. Uh, any other comments on the sewer and water laterals? Anyone online? If you're online, please use the raise your hand function. Going once, going twice. We're going to close the public hearing at I have a question, sir. Sorry. Come on up. We're going to reopen the public hearing. I was just hooked up online as well.

Robert Genanons. I live over on 1070 Wimbledon. And so my question when I saw here in the end there was the lump sum and andor interest. And I haven't read through this, but is there a time frame for when that payment would be due or when they would start? So is that in the document? Maybe. I haven't seen. Generally the bills don't go out uh for some time. like it might be a year after the work is done before you even receive the bill and then the interest doesn't begin until you receive the bill. Is that correct? And then uh you have five five years to pay on this one I believe. So the Department of Treasury would send all of those details out to each right each person.

Okay. And those would be sent to and the reason I'm asking is we're in a complex. We've got seven units in our building. Those would be sent to the individuals, not to the building as a whole. And they are separate Sidwells and they're Yeah, I think Are you talking about what what property? 1070 Wimbledon. It's right on Wimbledon Adams and so we're a condo condo complex basically. So there's seven units in one building. I saw each individual one listed. So that's No, you would get a separate. You should get an individual uh letter. Good. Wanted to make sure that was it. Any other comments? Thank you. All right, we're going to close the public hearing again. There's one online. There's one online. Oh, Travis Bushard.

Thank you very much. Travis Buchard, uh, unmute yourself and fire away.

Hi there. Um, so yeah, Travis Buchard, 715 Wimbledon. And my my comment isn't about the sewer uh water um updates. I think they're they're absolutely needed. It's specifically on my property. the sewer lateral. I saw u I'm part of the special assessment district. I'm in a 1928 Wallace Frost historical home. Um I have about a 100-year-old tree in my right ofway that is extremely healthy but is set to be cut down um because there was fear from the arborist that it would be killed uh with the construction of my or like the update of my sewer lateral specifically. So my request is can we like change the route of my sewer lateral to accommodate and not just cut down that 100 tree. There's been so many new builds in our immediate uh um like part of Wimbledon that there's just like no mature trees. So it would just be a shame to to cut that down when there's an obvious solution of just you know I could pay a couple hundred more dollars to have it sort of rerouted around that root system.

Thank you. I think we understand your request and I think we can request of the city administration if the rest of the commission is in concurrence. See, we all agree again that uh we should get a report from the arborist and the engineer prior to uh the confirmation of the rule because if the bill needs to change for him, we need to know that. Fair enough. So, you can work with the arborist and one or both of you can come back I got it.

And uh I'm sorry, Mr. Bousard. Stay tuned, I guess. Thank you. Any other comments? And thank you very much for We almost missed you on that. Um we have another Yes, sir. Come on. Sorry. No, no apology. Yes, sir. Well, Andrew Baron, 612 Wimbledon. I have basically the same problem as he does. I have a huge tree which is one of the 14 that was marked for destruction and I was here last week and I talked with about that with the people who were here and you believe that it can be rerouted.

Yeah. And but someone was going to get back to me and nobody has. So I just want to preserve that question. That's all that if that tree can be saved. It's a huge tree. It's perfectly healthy and so if it's savable I'd rather it be saved. I think it is the commission's desire to save as many trees as possible in the execution of one of these projects and that it's important uh that we we look at that the list showed 14 trees being taken down. So, okay. Were they all I mean were they all big, beautiful, healthy trees or I don't know. I know mine is

okay. I think we need a report a thorough report on those 14 trees even if it means we have to delay by a week the confirmation of this role. We're still in a public hearing. Hi, I'm Josie Connelly in 9001 building. I just have a question and maybe for you I don't understand this map. I am located right here. And I'm wondering why all these houses are blue, mine are not, and the rest that are not are all basically new construction or newer. So if there, if I may. Yeah.

If it's a newer house, essentially the water sewer has been replaced from the main line of the sewer water to the property line. So it's newer, it's suitable material and suitable sizes. But my house is um so so with that we would be able to be able to review um newer houses usually are not part of the special assessment district for that with this one I can be able to pull up um off to the side I've got a spreadsheet in our in my office to be able to be able to review your age and the size of the of your of your uh water and cilateral. Okay. So we're going to do that after the meeting then or should I just after Yeah. Sure. Should I just come to your office tomorrow? We can do it after the meeting. After the meeting. Okay, that's fine. or in between in between items that I have.

Yeah, it's not going to be the end of the meeting. Um, go ahead. Yeah. No, that's what it's for. That's why we're here.

Uh, Larry Ling 644 Bird. Um, I'm actually on Bird phase 1B project, which is just getting started right now. And I would fully support these folks who want to, especially if they're willing to pay a little extra to preserve trees. We pride ourselves on being a city, a city of trees, right? If you go down bird now between Grant and Cumins, it looks like a bomb went up. They the I don't forgive me I don't remember the number anymore but most of our trees there were torn down it looks awful and I I question whether we just did it out of making it easier as opposed to looking and is there a way to save a lot of these trees so I would only encourage us to do to take those two folks seriously and anyone else like that because we love our trees and our our street looks terrible now my tree was saved by the way so I'm not doing sour grapes but most everybody else's tree on our street goes gone Thank you.

Thank you. Thank you very much for bringing that to our attention. We're not always aware of everything that's going on, so it's important that we know that stuff. Any other comments? Uh, anybody else online? Uh, Chris Christine's iPad. Christine's iPad. Unmute yourself. iPad. It's going to be Siri. Yes. Hello. Hi. Can you hear me? Yes, we can.

Uh, yeah. This is uh Christine Boil, 840 Wimbledon. Um, we apparently have a sewer line under our driveway, which we were unaware of, and uh we're told they'd have to dig up the driveway, which we had replaced at considerable expense a few years ago, with an aggregate uh finish. Um, and we were wondering, having listened to the conversation about trees and uh maybe moving the sewer line to the side of that, could we request perhaps that the sewer line uh come under the lawn? Uh, that's a I think that the city engineer would be delighted to work with you on that.

Yes, as we mentioned at the resident meeting to you on Wednesday, it's something we can work with the contractor once it's awarded to be able to figure out a way to try to save your exposed aggregate driveway. problem we run into is we cannot put a sewer lead in the lawn because we have to somehow connect it in public right away back to the sewer itself. So we wouldn't be able to put a sewer 10 ft away from the sewer line to the property line. We got to make a connection then to the existing connection underneath the exposed aggregate driveway. So you'll do your best.

So we'll do our best. Yes. We may potentially on this one to save the exposed aggregate driveway stop short of the property line a foot or two to make sure that we don't undermine and damage the exposed aggregate driveway on the private property. Okay.

Okay. Thank you. I have a second point on this. I was at the engineering meeting um which you were at Melissa last Wednesday and um I was asked to speak to Paul at the end about water and he said that our water our copper pipe was good and we didn't need and they would manage to hook it up to the water line. However, then I was referred to another person to Mark and he said, "No, you're going to be built for water." So, we would want clarification on that.

And with that, I'll reach out to you. Um, I've got your information from the signin sheet from the resident meeting last Wednesday. We'll reach out to you tomorrow morning to be able to confirm it. Thank you. Perfect. Thank you. Maybe maybe it might be tomorrow afternoon. Uh staff has a staff meeting on Tuesday morning. So yeah, that's fine. Thank you. Okay, further public comment. We got another one online.

Hi, Cliff Ragger. Uh 541 Wimbleton. Uh my wife reminded me that uh there's been some confusion about the location of our sewer and water lines. Uh initially we were slated to be in phase one. Uh but as it happens, uh the plans were wrong for that area. They're actually on the other side of the driveway. So the other side of our driveway is phase two. Uh and at the last the meeting last week, there was some general confusion. I know uh that Melissa is well aware of this, but I just wanted to make the city commission uh uh commissioners aware of the fact that we're in a very confusing spot being the right at the cut off line. Um and and just reemphasize the fact that the logistics for these large trucks in the staging areas need to be planned out and communicated to the residents.

And I can tell you we are working on that. I I know you Okay, Sally Swift 541, same place as Cliff. What I wanted to bring up was the fact that listening to those talking about their driveways in the trees and what have you, since there are no records of the pipes for our address, as best we know, how how are they going to go about determining what our costs are going to be? We're given a cost, but yet they don't have records. So, and it's been confusing back and forth and I actually at the resident's meeting, we weren't even slated with getting new pipes and I had to bring it to their attention.

There's a line item here for you. Can you address that? There is a line item that has amounts. That's true. They must be estimates.

Yep. They're estimates for that. So, will we anticipate for this property here? Department of Public Services does not have a water and sewer cart for this address. So no records indicate of where the water and sewer lateral is on this property. So we included it in phase one thinking potentially it may be in that phase. They did not discover it during phase one. So it's included in the phase 2 special assessment district. With this is where we anticipate the length might be the longest because their property kind of angles to the northeast. And with this anything with a special assessment the cost can be 25% over the amount. So with this, if we potentially run into something where the length's a little bit longer, we have up to 25% over the amount in case we go over it. And if we go under it, say if we assume it's going to be 20 ft and the construction amount is 15 ft. The property only gets charge property owner only gets charged the asbuilt length, which in my example I just mentioned a few seconds ago would be 15 ft.

So it's possible that they would have a a certain amount on the confirmation of role and then they would be charged something different. Uh once you do the construction, you're not going to know. You're not going out there and detecting where these laterals are. You're waiting until construction to do that. So that's when you'll find out. But it won't be any more than what's on the confirmation of roll. Is that correct? Is that what up to 25% more or less? Okay. Except it could be under our driveway potentially. Potentially. Okay.

All righty. Is there anything we can do to find out where that I mean there must be something we do at the point of construction to figure out where it is. So that's one of the things the first steps the contractor does is the locations like this. They do exploratory digging to try to find the water and sewer lateral before we do the mainline construction itself. Isn't there something they can send through the pipe that can be detected from above?

So not necessarily. um Department of Public Services could trace it if there's a a tracer wire on the water service, but depending on how old this water service is, there may not be tracer wire that was installed with it. Also too, what we run into sometimes with older sewers from 100 years old. When they built that sewer, they place Y's two to three up to each property line because they don't know how the house is going to get built. So, a lot of times when we're watching sewer videos, it's hard to tell the sewer is capped or active. Also, so that's the other things that we do try to look for. But sometimes depending on the construction of the sewer, how many Y's they left in when it was initially constructed, the angles of the Y's,

if you can see the cap or not, it's Yeah, it's sometimes difficult. So, we air on conservatively of the length. Sorry. It is what it is. We're doing our best. Okay. I'm just going to add one thing that related to it. Melissa, please let me know about the design in front of my house and whether or not there's going to be a stop sign right in the middle of our property and another issue and the necessity for it, but thank you. Uh, we have someone online, Laney Cosgrove. Laney Cosgrove.

Hi everyone. Laneie Cosgrove, 868 Wimbledon. I had my sewer line replaced recently. Um, so I wasn't sure am I going to be responsible to 86. I think there are other people that are also have replaced their sewer lines on our streets. Hold on. We're checking the role. It was 868. What? 864. Wimbledon. 86. 868. 868. 868. I'm not seeing it. Yeah, it is. It's here. It is here. Oh. Oh, there it is. Yeah.

Yes. Both water and sewer is list. Oh, that's 8.86. Yeah. No, 8.68. Both water and sewer. So, you would need to uh if you think that you have a new line or both both water and sewer. No, just sewer. I just have a sewer line. I don't Okay, I see uh the city engineer taking notes and the Yes. And I I paid a bond a gazillion dollar bond to the city of Birmingham. So, you should have me in your records. Okay. And what I'm sorry um were you at the resident meeting by chance? No.

Okay. if you can um please email me this evening um and that way we can follow up with you tomorrow because I may not have her contact information. Okay. So the address is M like Mary Kota C like Charlie O A T like Tom A at bamggov.org. Okay. And also another question I have um how is it determined that the homeowners pay 100% of this? It's a thing. Always has been. I don't Is there anything more to say about it?

Just do the the best explanation I think Melissa's given in the past is it's for your own discrete use and it's not for public use. That's why this piece is always at 100%. Um we've we've had this question comes up with every SAD by the way. Um so it's very standard answer. Thank you Commissioner. Appreciate it. Welcome, sir. Are you here to comment on the water and sewer laterals on Wimbledon? I am. Name, address,

uh, good evening. Danny Sidman, 652 Wimbledon. Uh, mostly a question directed at Melissa, but as it pertains to the sewer and water laterals, uh, has there been discussion or is it in the proposal of the style of installation of the sewer and water laterals? I mean, again, my main concern is even if it's not under my driveway or my front walkway, is my lawn going to be torn up? Is that an added expense that I'll need to budget for? Is there going to be more of like a bursting style of installation? If you could comment on that, I'd appreciate it. Thank you.

If I can. Um, the water and sewer laterals will be installed by open uh trench cut installation. So essentially they'll remove the soil up above it, get down to the existing sewer, remove it um and then replace it with that um to the property line. Um the special assessment cost for the water and sewer lateral is just for the sewer or just for the water pipe itself. Any grass restoration is part of the project cost and any sidewalk um removal and replacement for your water or sewer lateral is part of the project cost. But it's to understand it is to the property line from the property line to the house is always has been your responsibility.

Right. I I was just wondering if there will be based on the style of installation is there going to be you know am I going to have a mound on my lawn running to the house that I need to you know budget for anything like that. Well that again right at the edge of the property line but as we said it goes to the property line. They'll probably have to cut back a little bit just for safety purposes and access. But it's not all the way to your house. It's to the property line, then that's it. Got it. Okay. If there's any issues between the property line and their house, that's on you, right? We're just talking about the lateral from essentially the center of the street to your property. Got it. Thank you. Okay.

Any other comments from the public online? Use the raise your hand function. Okay. Well, then we can close the public hearing again. 8:41 p.m. Any questions or comments from the commission? U Melissa, if we pass these uh um you know, uh water and sewer and road. Uh, is there a contractor standing by that has the contract? And if so, what's their name?

Um, so with this, we did bid the received bids on the project April 9th and the low bidder was Ankle Civil. Um, and they are currently working on their contract books. Uh the projected schedule is to award the contract on the May 18th city commission meeting, have a precon after Memorial Day weekend, have the contractor mobilize the week of June 8th, and start construction on June 15th due to keep Derby Middle School um available for uh students to be able to walk to and from. Uh, Derby Middle School's last day is either June 11th or June 12th that Thursday or Friday before Monday, June 15th.

Thank you, Melissa. Any other questions or comments from the commission?

No, it's just a very brief one about the gentleman that was asking about his trees. Um, we do definitely appreciate you wanting to try and save them. Just know that there have sometimes been some interesting surprises with what looked like healthy trees when the arborist actually got into it. They found some less than fun stuff in the core that's not visible. Um, we've had a number of trees come down in storms because of that. My neighbor's garage learned that the hard way from a really healthy looking tree. It wasn't. It was a pipe. Um, so just be aware that very sympathetic to the question, but sometimes we find out something we didn't expect. That's all. Okay. Uh, can I get a motion? Anyone? Uh, sure.

Thank you. Thank you.

Whereas notice was given pursuant to section 94-7 of the city code to each owner or party in interest of property and lots to be assessed by first class mail by publication and newspaper generally circulated in the city. And whereas the city commission has conducted a public hearing and has determined it is necessary to proceed with the project replacing sewer services 50 years of age or older or constructed of a material that is not acceptable for city standards and replacing water services that are 60 years or older or less than 1 in in diameter on Wimbledon Drive from Oxford Road to Adams Road. And whereas the city has previously established a policy requiring replacement of sewer services 50 years of age or older or constructed of materials that are not acceptable for city standards and water services less than 1 in in diameter. And the city street is open for repairs or reconstruction. And whereas the city commission after the public hearing has determined that the Wimbleton phase 2 project, the replacement of sewer services that are 50 years of age or older or of material that is not acceptable for city standards, the replacement of water services that are 60 years of or older or less than 1 in in diameter is a necessity and is in the best interest of the city. And whereas the commission has approved the detailed plans and cost estimates prepared by the city engineer. And whereas formal bids have been received and the actual cost of sewer service and water sewers replacement has been determined. And whereas the city engineer has determined the boundaries of sewer service lateral and water service laterals located within the limits of the following street shall be installed as part of the Wimbledon phase 2 project. Contract number 6-26 PN Wimbleton Drive Oxford Road to Woodward Avenue. And whereas the formula used in making the assessment is 100% of the

contractor's charge for replacing the lateral service that is 50 years of age or older or constructed of materials that are not acceptable and water service that is 60 years of age or older or less than 1 in in diameter within the public rightway between the utility and the property line. calculated at the rate of $49.77 per foot of 6 in diameter sewer service pipe and $35.54 per foot of 1-in water service pipe. Therefore, let it be resolved. The city commission has determined that the scope of the public improvement as described is in the best interest of the city and will benefit the properties listed in the assessment role and is a necessity. And the city commission directs the manager to prepare a special assessment role and pre present the same to the city commission for confirmation and further set a public hearing of confirmation on May 18th, 2026 and give notice of same. The motion includes all the sewer and water lateral SID well number street addresses estimated sewer sad costs and estimated water sad cost as uh incorporated in tonight's agenda packet uh uh item number 8A pages 139 and 140

second uh any comment on the motion roll call Mayor Baler, yes. Commissioner Host, yes. Commissioner Hay, yes. Commissioner Tong, yes. Commissioner Cole, yes. Commissioner Kulowski, yes.

Okay. Uh, let's go back to uh before we move on to the next item of new business, let's go back and do the consent agenda. I did not realize there were folks in the room. Uh 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 a citizen so request in which event the item will be removed from the general order of business and considered later in the meeting. So anybody on the commission want to remove an item? Sir G and H.

G and H. Okay. Any others? Anybody in the room want to remove any items on the consent agenda? Anybody online? Use the raise your hand function. Okay. Can I get a motion? Uh, I move the consent agenda as presented excluding items G and H. Second. Commissioner Cole. Yes. Commissioner Kzowski. Yes. Commissioner Hey, yes. Uh, Commissioner Theres Long, yes. Mayor Baller, yes. Commissioner Ho, yes. Okay, let's quickly or let's go item J G. All right, item G.

Um, just really quickly, as I read through the documentation in this, I just had an objection to the wording in the um letter from Lawrence Sal Properties, the very last paragraph. Based on the fugaying, we respectfully request your approval to permanently utilize the 26 angles parking space in the public right of way. I have an issue with permanently because that insinuates in perpetuity. We don't do anything in perpetuity. I would have no problem if we said this was a 30-year usage or something like that or 30 years or until the building is changed of use. But if we set this up for permanently, then that actually interferes with the 2040 plan for the activation changes that we have for the Woodward Cor.

It locks us out. Okay. Uh uh city attorney does our that may be in the letter. What is what is the the motion? The motion simply says to utilize 27 parking spaces. It does not say in perpetuity, nor does it define a number of years. That's interesting. I just realized that the motion says 27. The letter says 26. Yes, the memo says 27 as well. I just noticed that as well. Says 26 and the one we got printed here. Okay. Uh So, is it Hey, is it 26? Hold on. Planning director is on his way.

Nick, planning director, city of Birmingham. Pretty fair. What I did was I used the site plans, the actual site plans that they submitted. 26 + one on the south side, 27. I can I guess I can clarify with Mr. Lawrenceel who is here tonight. Um, if there's if he disagrees with me, if you agree with me, you should stay sitting down. Um but the the number is 27. Okay. All right. And it's not necessarily in perpetuity. No. If there was some reason uh to

Well, the reason why I suggested we actually need to clarify that because there's no clarification in the motion yet. The letter that's appended that is part of the permanent record states forever. And that's where I see the the written discrepancy. And I just wanted to clarify what matters is your motion. Okay. So I could change that motion to put a limit. What would be a typical limit that we've given others? I don't think we need a limit at all. We never have. Yeah. Okay.

Like all my understanding of the motion is we are simply saying you can count these parking spaces towards your parking requirement. Right. We're not like we're not even guaranteeing that these spots are going to exist in 10 years potentially, right? It's M DOT's road. They could do whatever, right? It's there right away. They could remove them. Um, but we're just saying like right now we're going to allow you to count these 27 spaces towards uh your required parking and their required parking could change with use, right? Okay. So, this is for now the zoning requirements, right? Okay. Again, they understand that. So, fine. I move the suggested commission action. Yes. Okay. We have a motion. Second.

Excuse me. I'm sorry. Since now we've had this discussion, I think it's important to actually state the entire motion. Okay, that's fine. Um, so make a motion adopting a resolution to permit the owner of 33202 Woodward to utilize 27 parking spaces in the Woodward Avenue right ofway towards their off streetet parking requirements pursuant to article 4 section 4.45 parenthesis G parentheses one of the zoning ordinance. Second. Um, roll please. Mayor Valer. Yes, Commissioner Host. Yes, Commissioner Telong. Yes, Commissioner Kazowski. Yes, Commissioner Cold. Yes, Commissioner Hayes. Yes.

Um I should have pointed out but didn't that uh the applicant did improve the uh that area recently paid. Uh we move to item H. It was exactly the same question because it was two parking space in the Woodward Avenue right away. That was all. It was just the duration of them, but he clarified that already. Can he move the suggested resolution? Sure. Yeah. Second. We have a motion in a second. Roll call, please. Commissioner Cole, yes. Mayor Balor, yes. Commissioner Trice Long, yes. Commissioner Sazowski, yes. Commissioner Hay, yes. Commissioner Hol,

yes. Thank you. And I'm sorry to keep you guys waiting. Um, we move back to new business. I item C. V be sorry lot of lot of pages here. This is a public hearing of necessity for the special paving assessment special assessment district for Wimbleton uh phase one project paving. Now phase two it says phase one on the top.

It says phase one on here mean but it should be phase two. Couple things before we get started and before I open the public hearing. Uh, I think it was it was the understanding of some commissioners the last time around when we approved a 50/50 split as opposed to 8515 that that would apply to phase 2 as well as phase one. I see one commissioner nodding. He said I see a second commissioner. You may Were you even on the commission? I don't think I was. She's nodding. Yes.

Not on the Okay. Those of us who are on the commission believe that we approved or the 50/50 or at least that uh in concept that we would approve that and uh and now you two may weigh in informally that uh if we should proceed. We already have one two three four. So I'm not sure we need you but we're going to be nice and ask your opinion. No offense. Thanks a lot. But I think it's I think it's safe to say that we move forward on this uh assuming a 50/50 split, right? For the front for for the Yeah, we'll get to the details of that the same as it was

the same setup that we had

same setup that we have at Wimbledon. Now, so that's one thing. And the second thing I want to address before I open the public hearing is uh I I'm not really a Dennis of social media, but um there was a post on social media and it it it kind of highlights this uh this misapprehension. I would say that that that we bicker or we don't get along or we can't agree on anything or that residents have to come to us and fight for something. Okay. So, there was a comment on that on social media uh that said uh as most of you likely know we fought hard to get a 50 50 cost split on the West Wimbledon road work last year. Well, I think uh you advocated effectively and made a good argument and we bought it right off the bat. There wasn't a whole lot of fighting that had to occur. However, if you want the same for East Wimbledon, it looks like you will have to show up at meetings and fight for it. So, I guess I take exception to the word fight. We're all, you know, we're your neighbors. You don't have to fight us. Please don't set it up as if something that there has to be a fight. It's not. It's a conversation. We do our best to accommodate you. You want You want us to take into account a a tree that's that's in the way. And I'm sorry on Bird. I wish we knew we would have. Uh we'll take that. We're your neighbors. We're just like you. We're up here to do to do your work. Okay. Before Okay. Go ahead.

I think that um um that the city commission considered that according to the state of Michigan's M. public Act 51 roadway map that Wimbledon was a major road. It didn't have characteristics of a major road that we somehow decided it is a major road on the map. And we considered that because it's a major road and it had uh additional uses that were not uh originated, you know, by the residents that the 50/50 split was fair. And I think that it is very reasonable to consider that Wimbledon phase 1 and Wimbledon phase 2 are both parts of the same street, which are both parts of a major road. And that therefore the um the uh decision we made about 50/50 for phase one is extraordinarily reasonable to make for phase 2. and that that we uh not that we make decisions in advance um but that um upon consideration tonight I I wouldn't understand why I would vote to treat one portion of it any differently than the other.

Okay, we can get back to that. Let's open the public hearing. It's 8:57 p.m. and we're going to get a presentation from Miss Kota. And this being a hearing of necessity, it's important for her to go over some things that you may have already gone over. I would just ask you to go quickly if you can.

104. Uh so this is the hearing necessity. This is for the paving portion of Wibbleton Drive uh phase 2 project. Um so with this the limits are the same from Wibbleton Drive, Oxford to Adams, new water main sewer improvements and installation of the Cape Seal. Um a special assessment for paving would be for roadway with cape seal treatment and driveway approaches. Um here is information as part of the packet. The difference between improved and unimproved road. Um unimproved road at a high summary level is a gravel road with or without curves. It has cape seal treatment that's done to essentially prevent dust and rudding on a streetway itself. Um here's some examples of improved roads and unapproved roads throughout the city. Um some of the improved roads do have concrete curbon gutter with it. Uh here's a map of and from 2025 of the status of the city's um unapproved roads. They're shown in red and then streets with uh curbs and an unapproved road are the red with the blue lines next to it to indicate uh curbs. Um so with this um it's been uh city's uh uh history comes it started in the 1930s when subdivisions were developed. Local streets were built as gravel roads. Um over that time frame essentially it started turning over where if uh residents wanted to do an engineered pavement with that a special assessment was done to convert and road from unimproved to improved road itself. Um what ended up happening um back in that time frame also is that neighborhoods that decided to retain gravel roadways initially coordinated um within themselves within their neighbors to be able to maintain their uh gravel roads. And then later back around the 1960s, the city began initiating coordination and assessing the maintenance on behalf of the property owners. Um, here's a cross-section of showing an unapproved road. Um, so here's the existing subbase and then here's an existing gravel roadway. It can vary anywhere depending on the road 4 to 10 in. And then you have a cape seal treatment located on top of uh the

gravel roadway. And with this uh of an improved road, you essentially have a existing subgrade base. you have about 8 in of aggregate um and then on top either 4 in of ashvalt or 7 in of a concrete um on a local street. On major streets you may see a slightly thicker um ashvalt cross-section or potentially 8 in of concrete um that gets coordinated and reviewed during design process. Um, so here's an example of a Cape Seal cross-section on the left hand side. And then here's a cross-section of um an ashvalt uh that was on top of an aggregate base. And the last Cape shield uh uh treat uh sorry Cape Steel treatment drive was done in 2019. And in the presentation, I'll mention some of the previous special assessments that were done on Wton Drive. Um the uh city's current policy with this is the 85 85% of short side cost of all properties funding the improvement. As city commission just mentioned a few minutes ago, this number would change potentially to 50% uh for Wimbleton phase 2. Uh the 25% for long cost for residential properties signing an improvement u from Wimbleton phase 1, that 25% still held the same and potentially would still hold the same for Wimbleton phase 2. and then um information if there's a business property along the side of an unapproved road. And then so with this uh the paving cost shown in the presentation right now is 85% as commission has just discussed. Um that's potentially going to be reduced down to 50%. And then 25% of the lawn cost would still stay 25%. Um the approaches would be paid by 100% cost of the property owner itself. Um we received bids on April 9th, 2026. Um the paving cost for the special assessment for the Cape Steel was $1131 per front footage. Um and then the approach um costs were removing and salvaging B pavers was $3.90 per square

foot. Remove concrete approach and install concrete approach was $6647 per square yard. Uh remove ashalt approach and install concrete approach was $65.31 per square yard. And then here's the location map of the project itself. in the properties are indicated in green which are within the project limits itself. Um here's a list of the sidwells and the property owner and the property street address. And then the engineering department recommends that city commission declare a necessity and approve the special assessment for Wimbledon Drive phase 2 project for paving. And should the commission approve the special assessment of public hearing of confirmation, the role will be held on May 18th, 2026. Do we want to ask her to address this right now?

We could. Uh I I don't want to get into We need to turn to the public, but I think there are a couple more things. Miss Cota, if you could address the disparity in costs between uh phase one and phase two.

Yes. So for phase two, we did receive lower costs for the water and sewer laterals. They were about 40% lower in cost from phase one. Um when it comes to the Cape Seal, um we did see increases around 5% for the Cape Seal treatment itself, but where we saw the jump of the increase was the road grading and the aggregate base. So most of the cost increase is located under those items and they were about I don't have the percentage off hand but that's the majority of the cost increase is in those in those couple of items. If I may paraphrase or ask you what I hear you saying is that the grading on this section of the road which is phase two which is relatively flat right compared with phase one which had had a grade. However, for whatever reason, the grading of the road is going to take more work and the base needs to be built up a little bit. Is that right? That there was some uh gravel or aggregate or something that needs to go under there.

Yep. So, there'll be that. And then also the unit pricing for the bids were a lot higher for those items compared to Wimbledon phase one. So we saw when you compare the unit pricing it was higher for those items. Okay. Okay. I want we have to go to the public. Is that okay? It was a cost question but fine.

Okay. Uh, I want to address one other thing that came up before we go to the public because I'm sure the public is going to bring this up and that is uh the uh the the the extra state road funding that we have not received but might get for major streets. And there has been a suggestion, I think, uh, that that money ought to go to defay special assessments. Uh, if that were the case, that money would be going straight into the pockets of the residents who are being special assessed. That's not how it works. If we get the money, and we haven't gotten it yet, it would go into our major streets. Is that an enterprise fund or just a fund? Major streets fund which is which uh would and that fund is spent on major streets by the city. Uh in this case it's going to we're going to we're going to cover 50% of the cost. So, all of the residents of of Birmingham uh pay for the 50% that you're not going to pay for and all of the residents of Birmingham will benefit from any state funding whether it's additional or not that goes into the major or local street funds. Uh so, I hope that addresses that issue. So, with that, I'll take public comment. Uh, anyone who wants a comment, just come on up. Either microphone, state your name,

and they also have to and your place of residence. Mary also has to tell them that if they want to protest. Yeah. And I I will reiterate that if you want to protest the assessment, now's the time to do it. Uh, give your name and address to the city attorney and that will preserve your rights under uh with the uh Michigan Tax Tribunal. It's not to the city attorney. They're just putting their their protest on the record. record as long as the clerk gets the correct name and address.

Hey everybody, Rick Brosky, 625 Wimbledon Drive. Um, I'm going to register my protest just to preserve my uh right to an appeal. Um, Mayor Baller, I understand your point. Uh, I think about the uh state funding. My concern is that the city may just take dollars that were already allocated in the budget for major roads, replace them with the new state funding, and then just shift whatever funds they were going to allocate to major roads to something else, some kind of budget shuffle. So, I was suggesting in bringing up this the deferring of the the special assessment costs um more that the city should be re-evaluating the um the assessment process for major roads like this because um you know these are this is what the the the state funding bill is for. It's for fixing fixing the damn roads as Governor Whitmer always says. Um so that was my suggestion. Um you know I I appreciate your comment. Uh but I I I think the residents of the city have a right to know where that new money is going, you know, if and when it comes. It sounds like it's going to come at some point. And I think we all have the right to know where that's going to be used and that the city's not going to just shuffle other money around. Um, one other comment that came up in, you know, my review of the materials for this meeting was the um, the special assessment role had um, certain condo groups. I think there was a a a condo

with 150 ft with uh roughly 15 households, a condo with 100 ft serving seven households. Um you know the the straight per foot per front foot method on paper sounds fair but in practice it doesn't reflect how these properties are actually used. So for the condo with 15 um with 15 households that 150 ft is being used for 15 or more cars. The seven the the seven household you know property with 100 ft. You've got you know 7 to 10 cars using that property. So, um, treating the condos and their frontage the same as single property, uh, houses, I don't think reflects the actual benefit that that that each property would be receiving from an improved road. Um, the higher use properties are, I think, being underassessed and the single family homeowners are picking up more than their fair share because of because of that. So, um, I just ask that you take a a hard look at reasonable adjustments that account for the intensity of use before finalizing the assessment.

Thank you. And and thank you all again for, you know, this whole process over the course of several years. You're welcome. Could you make sure you click the timer? You didn't announce the timer, so that's why I So, everybody gets three minutes. I'm sorry. That was at the beginning I thought. Uh I do want to address your your comment about transparency. We have an extremely transparent financial system. Uh I can assure you that our infrastructure needs are such that we will spend every penny of uh the money we get uh in grant from the state on for major roads on major roads. No. Okay. That that's

I know but I that's not what I was suggesting. Just to clarify, I was suggesting that if there if you spent X amount last year and were contemplating before going into, you know, before this road fund became a thing, if you were contemplating $5 million spending that on major roads in 2026 and then suddenly you're getting an extra $2 million and then you decide, okay, we're going to still do that 5 million, but then take two, you know, take the 2 million we're getting and moving it to, you know, next here or to I want to make sure it's staying in the roads is all I was suggesting. I can assure you it will stay in the road and it will be treated most likely like act 51 money. Right. All right. Thank you.

You're welcome. Um Josie Connelly 900 Wimbledon. I'll make this really quick. I brought this up last week. Um, I'm on the east side, a few houses off of Adams, and I'm hoping while the construction is going on on our side of Wimbledon, we will get permission from Derby School to park in their lots, the parking lot. Okay. And that got brought up at the resident meeting. Um, as I mentioned at the resident meeting for Bird phase 1A, we did reach out to Pierce Elementary School to see if residents can park in their parking lot. They were um, amendable to that. Um, we're in the process of reaching out to Derby Middle School to see if that's possible when the school is not in session to be able to potentially use it as parking for residents on Lumbleton phase 2.

Is there is there a crosswalk on Adam's at good? Thank you. Any other comment? Public comment. If you're online, use the raise your hand function. If you're in the room, remember if you want to register an objection.

Again, Dandy Sideman, 652 Wimbledon. Uh reserve my right to protest. Uh first off, um second off, again, I just I want to echo Rich's comments. Really appreciate the years that have gone into making this happen. Our road is in desperate need, as everybody knows, and the 50/50 uh split makes it an easier pill to swallow. So, thank you all for the work on that. Um, I also wanted to make note of a couple things. I called it out last year, but uh, I've lived in the neighborhood since 2016. Others before me, there was no Cape Seal treatment in 2019 on our road. Um, and has not been done since before I moved in. So, I just wanted that make sure because it's part of record that it was corrected. Um, outside of that, uh, I was just hoping that we could, uh, have a discussion when it's time for the contract for the, uh, Cape Seal to talk about, I think it was brought up at the resident meeting, but maybe not, uh, everyone here is aware, uh, that the trucks are going to be kept off of phase one, which I thought was a really important point. Um, but also that I would hope that there's a dedicated timeline that the contractors required to stick to. there should be financial penalties if they cannot hold to that timeline and the quality of their work. So I just I wanted to put that on everyone's radar and make sure that was at least in consideration. So thank you.

Thank you Matt Shalub 980 Wimbleton preserve my right to appeal the special assessment which I only intend to use should the split not be 50/50 like the rest of the street. Thank you. Cliff Rager, 541 Wimbledon. I just wanted to reserve our right to protest in the process and thanks for the 50%. It it it makes a lot of sense. Thank you, sir.

Following again 541 Wimbleton, I guess now is the time where I can address the paving in front of our house and the location of the sign. and the outside consultant hasn't responded evidently regarding the need for some kind of sign at Warwick um and Wimbledon. And what I saw on the initial design was a sign placed directly in front of my house. And that to me is going to destroy um our property value. Um it will eliminate parking. And once again, I ask that you really take a good long look into this and imagine if it were your house. Thank you. So, what kind of sign?

Stop sign. Stop sign. Okay. I got to believe there are pretty strict standards for placement of stop signs, right? Yep. And there was not a stop sign there now. No. And there's never been an accident at that intersection ever. It's being reviewed by our traffic consultant. Yeah. We should have an answer by the end of this week. Okay. Okay. Thank you. Further public comment. I see online uh Joelle. Joelle. I Hello. Can you hear me? Yes, we can. Okay. Hi, I'm Joel Caseri and I live at 554 Wimbledon and I wanted to reserve my right to protest. Okay. Is that it? Thank you. That's it. Thank you.

Thank you. Okay. And uh Mr. Bashard. Travis again. Hi, Travis Buchard 715 Wimbleton and preserve my right to pro protest. Okay. Thank you. Thank you. Uh B Duffy. Uh uh B Duffy, you might be muted. You would have to unmute yourself. Can you hear me?

Yes. Brian Duffy 700 Wimbledon reserving rights protest and it's great to hear that we won't have to fight or have any type of stern conversation with regards to a 50-50 split. Thanks. I didn't make that up. Ming uh well, city of Ming Ming Ming. How's the dynasty?

Ming su 33 Wimbledon. Reserve our right to protest. Just want to also echo some of the sentiments on the the consideration of a contractor and just kind of how the construction will progress. Obviously being residents seem down the street from phase one and seeing how that project play out um pretty poorly. We love to kind of make sure that there's uh mitigating circumstances when phase 2 kicks off and goes in progress. Thank you.

Thank you, sir. And I can assure everyone that we learned lessons on phase one that we hope will not be repeated. Uh there are the cast of characters has changed uh all all throughout the play. Anyone else online? Raise your hand. In the room, approach the microphone. Seeing nobody else, we're going to close the p public hearing at 9:17 p.m. Who would like to do the honors? Commissioner uh host.

Okay. Whereas the city commission has conducted a public hearing and has determined that it's necessary to proceed with the project paving on Wimbledon Drive from Oxford Road to Adams Road. And whereas the city has previously established a policy to defay the costs of cape seal treatments on unimproved roads by creating a special assessment district consisting of the properties that are benefiting from this treatment. Commissioner host hold on. I'm sorry. Are is he reading the right one? Um two things. Um I remind you to read this is what I'm reading. And please now insert the top paragraph. Oh,

thank you. I'm sorry. My apologies. We should have all pointed out we knew waiting to finish that I was going to stop and just insert it right there is perfect.

We had a different resolution. You can pretend I just started. Whereas a notice was given pursuant to section 94-7 of the city code to each owner or party in interest of property and lots to be assessed by first class mail and by publication in the newspaper generally cir circulated in the city. And whereas the city commission after the public hearing has determined that paving Wimbleton Drive from Adams to I mean from Oxford Road to Adams is a necessity and in the best interest of the city and will specially benefit the properties included in the special assessment district. And whereas the commission has approved the detailed plans and estimates of cost prepared by the city engineer. And whereas formal bids and quotes have been received and the actual act actual cost of paving has been determined. And whereas the city engineer has determined the boundaries of sewer service lateral and water service laterals located within the limits of the following streets shall be installed as part of Wimbledon phase 2 project. Contract number 6-26 parentheses W semicolon Wimbledon Drive Oxford Road to Woodward Avenue.

That doesn't sound like this. No, that doesn't sound Hey, we got a typo to Adams. Forget Woodward. Adams, Oxford Road to Adams. And then here's the goodie. Whereas the city commission does not find the assessments of 85-15% as policy generally dictates are in proportion to the benefits received in the parcels in phase one of Wimbledon. Phase two,

phase two in the parcels in phase two of Wimbledon paving special assessment district as the city commission has confirmed that Wimbledon is a major road and in a a residential area that is unimproved and whereas the city commission as they found for Wimbledon phase 1 has determined that the 85-15% split is not proportional. in this particular circumstance. And whereas the formula used in making the assessment for paving is 50% of the front foot costs for improvements uh for improvement are assessed on all properties fronting on the improvement. 25% of the sidefoot costs for improvements are assessed to all residential properties siding on the Cape Seal treatment improvement. Replacement of sidewalk ramps to meet ADA compliance and for approaches is 100% of the contractor's charge for replacing the approach with concrete within the public right away between the proposed curb and the property line if the lateral is located underneath the approach. parenthesis calculated at the rate of $1131 per front foot for paving, $664 per square foot for removed concrete approaches.

Square yard.

Oh, uh, per square yard for removed concrete approach and installed concrete approach. $65.31 per square yard for remove asphalt approach and installed concrete approach parenthesis period. Therefore, let it be resolved the city commission has determined that the scope of the public improvements as described is in the best interest of the city and will benefit the properties listed in the assessment role is a necessity. And the city commission directs the manager to prepare a special assessment role and present the same to the city commission for confirmation and further set a public hearing of confirmation on May 18th, 2026 and give notice of same. The Sidwells, the street addresses, and the 50% sad costs are outlined in page my page 2, three, and four

in the agenda. It would be page seven and eight. That's sufficient. Thank you. Second discussion call. Mayor Balor, yes. Commissioner Terres Long, yes. Commissioner Host, yes. Commissioner Cole, yes. Commissioner Kazowski, yes. Commissioner Hake,

yes. Item C, a public hearing for 126 South Old Wooden Snap Taco, a special land use permit and final site plan and design review. We have Nicholas Dew, our planning director. I tried to slide Melissa five bucks to do my presentation for me, but I presentation. He's trying to ask that question. I just have a quick question. My neighbor had to leave to get his mom from the airport before we reg reserved our rights to appeal and I wanted to see if I could um just put his name on the record for us. I apologize. Just look

um a representative may do so. And I believe you're actually an attorney, aren't you, sir? I am. So, as a officer of the court and and sworn to the bar, I would take man's word that he is here to represent. just I am not his representative in the sense that he's my client or anything like that. We are neighbors. We are neighbors. Uh but my neighbor's name is Chuck Greening and he is at 647 Wimbledon Drive and he would like to reserve his right to protest. Thank you. Welcome. Thank you, Mr. Dewe.

Okay. Uh Nick Dew, planning director. I'm here with the at the final stop of a special land use permit final site p plan and design review for what should be a familiar face now snap taco you saw them last in February where you allowed them to proceed into the special land use permit process uh starting with the planning board to become u this cycle's new beastro or one of the two I would say that they had what what seems to be on paper to be a pretty smooth path I know that they had a lot of work to do in the meantime um specifically with our neighbor Farad to the south. I wanted to at least highlight that although it's the same property owner, it's the same building, they are um proposing to put an outdoor dining plat or excuse not platform. Careful, Nick patio in front of their neighbor far. They did get approval from the landlord to do so. That letter was in your packet. I hope you saw it. That was really the only issue that came up. the overhead door that's going to be on the storefront plus all of the beastro requirements uh have been met. Just to be clear, there's only 35 seats inside where 65 are allowed and there's only eight seats outside where 65 are allowed. So, they're well below the limitations of uh of Beastro in terms of seating. So, the last stop they made was the historic district commission because it is in the historic ride building. They did receive approval and of course, just to be clear, they received approval from the planning board as well. I wanted to note before I kicked it back to you, mayor, that I noticed coming in that the resolution on the agenda page is a little bit different than the resolution in the memo. Could very well be my fault. We'll figure that out internally, but what I would like or what I would request is that you use the resolution within the memo that's on page 314. That's it's got a little tail to it that they complete the investigation pursuant to chapter 10 of the Birmingham Code of Ordinances. With that, I'll pass it back to you. Of course, the applicants in the room.

Okay, I'm going to open the public hearing 3 days at uh retroactively, but right now it's 9:27. We've heard the report. Uh now, if the applicant would like to address, you don't have to.

Well, I just want to thank you again for seeing us. I mean, we've been working with you guys for the last six months and with the other groups and with Nick. I just want to thank you guys for taking the time to look at it and we've taken all the input from the different groups and um you'll see on the layout of the outdoor seating which again was probably the major um hurdle that we needed to get past and I think we've done that with all the groups ahead of us. So we'd love to get your approval since you guys are a cuz he's we see how very you guys work together really well. So if you want to see that move forward in the in this um our proposal.

Well, we appreciate your patience and your willingness to work with us. Take more questions for you. Well, hold on. Hold on. Public hearing. Anyone else in the public,

either in the room or online, members of the public, if you're online, use the raise your hand function. This is a public hearing regarding the special land use permit and final site plan design approval for Snap Taco. Okay, we're going to close public hearing 9:28. Commissioner H. Thank you. Yes. Um, this is a question for Nick and because the package and everything on the screen is slightly different, there's a different picture with a rendering showing the street view uh with the parking and the patios. I want to ask a question about something I saw in that one on the left.

Yes. What is the inset of everything else? Cuz the back of that patio seating, when I look at that and then I look at the top view plan, it looks like it's extremely close to the curb. When I look at that rendering, the front bumper of that car is actually further in than the edge of the seat. And having lost all faith in the quality of drivers these days, I believe most people park until their wheels hits hit the curb or in this case the bumper hits the people. I was wondering if there's enough room there and if not in this view, is there enough room for us to inch that patio seating in enough to just at least be in line with everything else? Yeah, we wanted to put in line with the um parking meters which we use as our

that's fine. It was just like I said the rendering made me look at that and think we have 76 in from the storefront so we do have more room since everything is set to 5 foot but we would like that's all I wanted to check on. I just don't want anybody to have a bad day. Yeah, me too. That's all. Me too. If I can see it, you know it's going to happen. Any other comments on the commission? Commissioner Cole question might be for you. it might be for you. So, I'm a retailer. I would be the landlord may have given approval, but you're blocking my window displays. That's how I sell my goods. Is did the landlord get approval from the from Farity to block their their front? Yes. The letter is in our packet.

Yes. If you want to hear the explanation, I know Mr. Leo did a lot to get there, but the answer is yes. Okay. That's my only question. Commissioner uh host uh Nick uh on the assumption we approve this uh how many beastros will we have? Uh would you accept an estimate? I'd say somewhere in the 30s plus or minus. You want to just say 30 or around 30? Yes. Okay. How many restaurants do we have? Uh north of 50. Okay. So between beastro and restaurants, we're at 80 or or close to it. that

aren't we closer to 60? I should have said 60 total intal. Yes. Okay.

Now, now a couple comments. Uh one is if you read the 1980 Birmingham plan that projected Birmingham to be two or four stories depending on what you wanted. uh they thought the ideal number of restaurants and they didn't know beastro existed at 1980 uh was 20 in downtown Birmingham which takes me to a comment of one of our citizens who said uh the commission should have an outing on a Friday or Saturday night say 9:30 to 10:30 and just see if this is what we want.

Any other comments? As long as we're doing some math. How long ago is 1980? I was born in 1989, so at least 36 years. At least 36. And how many master plans have we had since the master plan cited by the commissioner? I'd say two big ones and and a handful of sub area plans.

Any other comments? Can I get a motion? Uh, I'd like to make a motion adopting a resolution to approve the special land use permit and final site plan and design review application for 126 South Old Woodward to permit the sale of alcoholic beverages for on premise consumption as a beastro establishment and a new outdoor dining facility with the condition that the applicant complete the required investigation pursuant to chapter 10 section 10-43 of the Birmingham Code of Ordinances. Second roll call. Uh comments on the motion. Any comments? Any comments in the public on the motion? Thank you. Commissioner Hey, yes. Mayor Balor, yes. Commissioner Long, yes.

Commissioner Kosowski, yes. Commissioner Cole, yes. Commissioner Host, yes. Thank you again. Thank you for your patience, not only tonight, but throughout the whole process. Uh the next item, review the recommended rate structure and provide direction regarding the adoption and implementation of the proposed water and sewer rate fee structure. This I'm told is very important and it is it might be.

Um so just a little bit background information for the city commission and also for the public itself. uh spring of 2025 uh we went out for a request for proposals uh to have someone study our water and sewer rates and our connection fees for the city with itself. Um we issued a uh contract to Hubble Roth and Clark in uh June of last year and with this we've been in the process of working on and studying the water and sewer rates and the connection fees and this is a presentation tonight um to potentially discuss u the methodology of water sewer rate calculations for this and uh with that um we have Jamie Burton who's a vice president for Hubble Roth and Clark and uh he has experiences with water and serial rate studies um he's done completed 60 of them he works with 12 other communities for their Great Lakes water contract negotiations. And then u we also have Karen Stickle who's also vice president. Um she's the director of the asset management department for Hubba Roth and Clark and she's the partner in charge uh for the city itself. And with this uh Jamie Burton will come forward and uh present the presentation.

Mayor commissioners, good evening. Make believe you're talking to residents who don't get this stuff because we all get it. We've all read your report and I can say but really

Yep. We'll work it we'll work it through. So, uh I'll go um so we can go walk around at 9:30 to 10:00 on a Monday night as soon as possible. I'll move a little bit forward. So, this is just a slide in background information on where we obtain all this this data that then comes in to inform uh a recommendation. And I always put this up front and then we skip over it pretty quick because it's just all publicly available information. We work with finance, accounting, uh, engineering, DPW and we work all the way through the process. So, so one of the in the RFP and then working with staff after being selected to do this work, we kind of came up with the concept of what are we trying to do with RA? It's not just about raising revenue for to meet cost of service. It's not it what's the right thing to do for each community. So we always start with objectives and this is kind of what we came up with and I kind of go through this. So on average your service providers uh Great Lakes Water Authority uh the GWK district, South Oakland district, Evergreen Farmington and others typically prices are going up 5 to 7%. Sometimes they're 14, sometimes they're zero, sometimes they're in between. But generally speaking, you know, a large about a third of your costs are going up every year, 5 to 7%. Sewer costs by your providers are 100% fixed. And what I mean by that is they determine how much revenue is required from Birmingham and they charge you in 12 equal payments. Kind of like a debt or bond issuance. So it doesn't matter how much sewer you use this year. Ultimately, the volumes you use show up in subsequent years on a rolling average, right? So, the first gallon of sewage in Birmingham costs, you know, like $10 million and then everything after that's free essentially. So, uh it's all fixed. Saqua just started doing this at 25%. Because Great Lakes went to

60%. So, that's another large portion of it. Your staff,

your staff is 100% fixed. We don't lay we don't lay off DPW staff on on Thursday cuz we didn't sell enough money, you know, sell enough water the week before. Your debt service, all your capital, it's all really quite fixed cost. So, if you don't collect it fixed, but you're paying it fixed, you start to bear the entire brunt of the financial risk. One bad summer where you're not selling a lot of water, you're using a lot of sewer because it was wet, next thing you know, you're not you're not able to make your obligations. So, we we really do want to reduce the fiscal risk. Transparency, very simply put, is money coming in, where's it going out? Let's keep that simple. Let's not try uh the city doesn't do this, but we want to make it very clear. If we're going to pay, if you're going to pay a debt service fee, where does it go? If you're going to pay a capital project, where does it go? Just very simple in and out. Promote equity between users. Um, a lot of communities will charge there's a there's infinite infinite number of ways we can figure, you know, pull different levers to figure it out there what's the most equitable between users. We'll walk through that a little bit. In years past, you've used the general fund to offset water and sewer fund. You've transferred funds over for capital projects and other things. And that's just not a sustainable utility. If you can't make meet your own obligations, then that's that's a problem. you're dipping through your own savings account in the in the infrastructure fund into the city's savings account and that's really just, you know, not a good go forward basis. And then obviously you want to make sure you have enough money in reserves in that savings account uh to come up with emergencies, problems, things that happen and the the fact that you pay every day but you only collect every quarter, you know, I mean there's a lot of nuance into this. Um, and then ultimately you want to be able to fix your system. We're Birmingham's water and sewer systems are not getting any younger, right? Um, the depreciation curve is a straight line, but you know, these things go, they go, they go until they fail. Um, and then you really do have a lot of capital projects usually associated with your roads. You know,

fix the infrastructure while you're fixing the road. So, you need money in there to do those. Um, this the way we have this set up is cash basis. I bring this up early and often and this is like you would do the budget of your own home. Okay, so things like depreciation are included in the cost because that's a non-cash item. Money in, money out. How do you how this is essentially the same way you budget your home? Okay, you wouldn't say I'm going to set aside $100,000 because all my property is devalued by 100 grand. It's it's doesn't you don't do that, right? So, uh that's out there. And then the last is uh you guys have a July 1 to June 30th fiscal year which lines up with the rate year of GDLWA and Evergreen Farmington and GWK. They their new rates start July 1. So it kind of works within your own budgeting process on a go forward basis. So this is uh I'm not going to read through all of this, but really what this is is there's a four-step process that we always go through and describe it as pi. I'm sorry to describe food and sewer in the same sentence, but let's talk pie here for a moment. How big what do we need revenue requirements? How big is how big is the pie? How big does that pie need to be? And and how much money do we need to collect? Who and how should we collect or who should that go? Where do those costs go? overhead, uh, administration, um, just all the variables. Where should that cost kind of fit into that pie? What is the community's goal setting? We've already talked about transparency, rate, capital projects, fully funding your utility, things like that. Sometimes you get into, we want uh uh we're okay with affordability, therefore we're going to have a cost structure. We want to diminish people from using high volumes of water for irrigation. So, we're going to charge more as you use more. That's those get very complicated very quick and I don't think it serves

the purpose. So, once you know how big the pie is, kind of who's getting the pieces, what's the goals, then you figure out what we're going to charge per slice. That's the design and how we're going to pay for that. Okay. So, these are all the four steps we go through. So, let's go back. So, um we already mentioned Great Lakes Water, Aqua, GWK have all gone fixed structure. Um and that's again you get monthly bills from them. If you go through all your 200 line items in the water and sewer fund um only 5 to 10% of those costs actually are about how much water you use or how much sewer you use. Okay? It's very limited uh in in that your current costs and your current rates will support that baseline cost of service. Okay? You may not have the reserves that we'd recommend. You may not uh be funding capital last year. You used contributions from the fund, but you're in a better spot than a lot of my clients who come in and they need, you know, big rate increases and big movements right off the way. So, you'll see in a moment, we're recommending you kind of step this in there. And then, um, your billing right now, 90% of of the revenue you collect is based on how much gallonage people use and 71% of sewer is how many gallons of water you use. So these things are material you're you're 90% paying this way and you're 90% collecting this way. So at some point you got to start to close that gap otherwise you guys are hold left holding a bag uh at the end of at the end of a fiscal year or something bad happens. So one of the things we also talk about is water is very unique because water is actually four distinct products in one pipe. your average day flow just what happens you know middle of the night whatever it's warm outside it you know uh people start using more water so now you have to design for the max flow then in the summer when everybody's

irrigating it's 9:00 a.m. everyone's getting ready for school or for work 8 a.m. you have these peak flows. And on top of all of that, we're selling fire service to water in the mains to provide fire service. So structuring who and how should you know people should pay really kind of goes back in the fact that we had four different products. So how do we price those four products? I'll skip over the sanitary side, but it's essentially the same thing. You have low flow, medium flow, you know, rain event flows over there. And so one way to identify those different capacities or those different products is at the end user. So whether it's a residential home, a business or you know really any property in the city is looking at the capacity or the demand they can place on the system. The best way to do that is through meter sizing. So the so if you think of every straw going into a house in Birmingham or down a street in some degree the bundle of those straws become that water man right we have to be able to provide statistically all of that water so if everybody had 5 in water lines coming into their house we would need a 16-inch water man in the street or we wouldn't be able to service those folks. So that demand is kind of based on what they could do. It's an ondemand service. You flush your toilet, it goes away. you turn on your faucet, it's on. For managing the system, we have to manage all those four products and all of that potential out there. So meter size really kind of becomes that what is every property owners in Birmingham's what is their potential demand or potential capacity is really meter size. Okay. And so that's how we are recommending we base any of the fixed fees on meter sizes and also the connect capital connection fees. that is kind of the pipeline that goes through and um everything else is kind of based on that if that makes sense. Good.

So go ahead kind of going back to what our goals were. So how do we recover fixed? Right now we're recommending we start stepping in uh readiness to serve. So these are fixed quarterly charges based on meter size to cover those fixed expenses. Start low, work your way through it as the years move on. Saqua I have no inside information about this but they eventually will have to get to 60% too on the water side because now they're absorbing 35% of the financial risk and you guys remember Saqua at some point most of my other communities are going that way as well. So go more fixed, cleaner, cleaner lines of what it is in there. Cleaner explanation for why you and someone different pay different because the demand is different. And actually we kind of are blind to what's be past the meter. Residential, commercial, uh heavy water user, not heavy. We we're kind of blind to the user basis. So we're not trying to draw classes of of people or businesses to charge more or less. what size goes into the building, you get your fees for it. So that is like a really pure equity kind of basis. Um you have a meter fee and that's kind of to replace meters. Um we want to roll that into the fixed cost. That should be a system cost um on top of the other fees. So we move that and then each connection is treated simple. We're trying to simpl simplify this down. It's a very reasonable thing reasonable cost buckets and then cost structure. So I mentioned you guys are doing pretty well. You've got reserves, okay? You've got um you're you're generally collecting things except maybe capital and that's where the the general fund kind of helped out. So, we really thought of this in three steps, okay? Step one, eliminate the general fund contribution. Okay, get back to the enterprise things. always pass through your supplier in in your provider costs

on because you you start subsidizing and you're just you're just running running your capital suffers at the other end. If you can't charge what you're being charged back through the residents, then you're going to give up something which will be capital and now your system deteriorates a lot faster. So get rid of the meter fee and go to RTS on the meters and then increase the commodity charges minimum. So the g the dollar per gallon um we our recommendations are based what was on in your budget book already that kind of illustrated those commodity charges and that still generated a need to go to your fund balance in the enterprise fund to make up some of that capital cost. The proposal now is to use some fixed fees to kind of shrink that gap in the first year. Second year is kind of clean that up so you're fully funding the utility, meaning that's all capital, that's all the cost across the board, service provider increases. And then step three is to get your fund balances in each account up to approximately $10 million, not including debt service obligations and not including if you're going to save money for a couple years to do a bigger project in three or four years. And the reason for that is very simple. It it's it doesn't matter what size community you are. It doesn't matter how many users you have. Your 16in or your 20-in water manes under Woodward Avenue that are, you know, 50 years old cost the same whether you live here, you live in Bloomfield, you live in Sterling Heights, right? That's what we're trying to avoid. You've got a 54 in under the train, a sanitary sewer, pretty deep under the train tracks. You need to have money available in the event that's catastro, you know, a catastrophic failure. So, our our number is around $10 million in each utility. You know, you can go to bonds, you can use your general fund. There's ways to get around that, but um it doesn't matter what community you live in, how the infrastructure costs are the same whether you're under under Telegraph, you're under Woodward, you're under

Jefferson Avenue. So, that builds that up. Next one. So, then in future years, you kind of just you kind of work on keeping the commodity kind of steady. You build the RTS to kind of close that exposure. Nowhere are we recommending you get to 100% fixed. I still believe that if I'm going to water the heck out of my lawn to make it green and other people don't, I should pay more. I got 10 people in my home versus one, I should pay more on the water use, but you want to close that gap down to the reasonable services. So, here's what the proposed rates. Um, one comment on this. Um, these are not all additive. Um if what I mean by that is very few if any fire um single family residential homes have a fire line. Okay? So you wouldn't charge $18 plus another 18. But right now your fire lines in the street are being subsidized by your residents because they're not paying to have that six inch m of water available for their fire. This kind of reconciles that for that final product to make sure that everybody pays that readiness to serve serve charge. So, and you're not in more than one sewer district or storm water district. So, on the next slide, you'll kind of see these are the general what happens because there's differential rates between the stormwater districts using 90,000 gallons per year. You're basically talking under $17, $15 to $17 in a base monthly increase. That covers all your service providers in a portion of what you would have spent out of your savings account coming up this year. Um, commercial will pay a little bit more because they have big usually bigger meters. Okay, we're basing everything off of a 1 in meter. Um, the other point that was part of the rate study is your actual capital connection charges. So, these are the fees. These are not the costs to run a line water line from from the main to your house. This isn't the cost to run a

sewer line. This is what it just the right to be able to connect a capacity charges there. Everybody today in this room who's a a resident or a property owner has paid to maintain the system over the past few years. That system has a huge value. Okay, a depreciated but value a very large value. So, what should be the appropriate buyin amount, if you will, or the capacity charge or the connection fee? So, we're recommending that we you simply go off the depreciation curve divided by the number of units available and that becomes the number of units. So, one goes down a little bit, one goes up a little bit. So, instead of just a flat fee of 2500 bucks, we go to 2,200. These are per equivalent meter and then sewer goes up to 41. That the equivalent of saying, "Thank you for keeping the system the way it is. it has a value and I'm going to buy my share of that value to pay back the previous rateayers if that makes any kind of sense. So go to So um these are just slides again. You're doing pretty well. Um I have I have communities who want to talk about uh staff levels or or amounts of gas and le you know that's.1% of your budget is gas, right? So to get a lot of savings, you got to really dive deep into this. It's really in your service providers. It's really in your capital. It's really in debt service. It's not going to be in necessarily in operations. So those um you know you're doing pretty well in those. So just keep monitoring those, keep optimizing those. Every year you ask the tough questions from the commission to staff. What are we doing? How are we doing on FTEEs? How are we doing on equipment and those things? And that's really how you keep those costs down, but they're pretty minimal. Um you got to keep up with your capital. Um we've put some minimum amounts there. Asset management is always the uh the right way to go. try to fix it before it collapses. Um, but those are the numbers. You should be at about a $3.7 million floor on capital projects per year because that you're

just keeping up with depreciation at that point, keeping the system the same value. And you know, assets don't follow a straight line depreciation curve. They work, they work for 100 years and then they fail. They all fail at once typically. So, um, so, so this is just the introduction here to answer questions. There will be uh and I'll let Tracy uh explain if we need to, but there will has to be two things that occur. One is an ordinance amendment which will have to be uh put on the agenda and set up for a reading and then a resolution after that. And the reason for the ordinance amendments are we don't cover all of these these changes that we're making for fire line charges, for example. We don't the readiness to serve needs to be a little clear, fix up a few things. And so we wanted to start tonight with just are we don't want to draft all that if you say the structure is terrible, you know, let's just go do it the old way. Um that way we'll work our way through. And so you will see that in, you know, probably in the June meeting would be the resolution to actually pass these rates. So we're not asking for any action this evening other than direction so that we can either go back and fine-tune this or you guys are prepared to start working on ordinance amendments and resolutions. I hope I didn't say anything I shouldn't have on the legal basis.

No, great. I I think that's it. So, I'm here to answer any questions available. Mr. Cole, so I look at the in the budget, this is probably more for you or Mary. In the budget, we show um like approximately 25% jump in charges for services. what's in here for increase in service revenue isn't 25%. So just want to know how that all foots um which which are you looking at which

so charges for services go from 6.57 million to 8.05 05 million reference a page for finance director. This is in our budget book 215. Sorry. Can you say the numbers again? Page 215. Want to come here and see it? She might not have the budget. Charges water. That is water. the water 45725 here. I'm sorry. Can you tell me the numbers? No, just tell me the numbers.

So here Oh, that was actual for last year for 2025. That's what we budgeted for last year. I mean for this year. This is our budget. So but that doesn't reflect the raise. No. No. This will be for next year. This is just from 26. Our recommendation is from 26 to 27. Okay. Okay, that's helpful. Thank you. Any other questions? Commission.

I have a bunch. So, thank you for the presentation. Cool. Um I guess the first question I have is I want to to make sure I'm understanding exactly what the um forget the acronym you use, but the sort of fixed charge RTS. Thank you. Um, how exactly that works? So, it sounds like what you're saying is if I have a property and I get some big hookup where sort of the it looks like I'm going to I have the potential to consume a very large amount of water. Yes. Then we are going to charge you a large fixed amount every year. Um, is that Yes.

how this works. Every quarter. Yep. Um I guess my my question is you know you talk about everybody moving to fixed costs. Um and I certainly know that we all uh have experienced uh how expensive it is to for instance replace these pipes. So I guess my first question is what exactly is the marginal cost to the system? Like suppose this person has this big hookup and they consume a ton of water. Are they in any sense using up the infrastructure? Is it going to deteriorate in any meaningful way because of increased use or is it just kind of as you alluded you put the pipe in the ground you get about 100 years and then something bad might happen? So both systems water and sewer are still deteriorate based on use or in sewer sometimes corrosion or what you put down into the sewer or those things. So water mane if I'm pumping 6 in of water through it constantly all day will wear and tear quicker. It's not 100 to one year. It's you know it's it's just steady. your higher frequency mains and your older mains or the mains that get the most use are also the most likely to to have a water mane break because someone using it then stops and pressures they keep building and you you you do add more wear and tear to the system by more use. If you're just a cozy little culde-sac with five or six homes and it's pretty steady that main will tend to last longer all things soils and all things else being equal. So no you are or same way would be the sewer how much you know you're putting way more sewer through the system it goes in through the basins there's pumps and all those things so yeah you are wearing and tearing the system more is it incrementally you know it's it's it's it's difficult to say exactly how much that would be but it is more

okay because my and this was something we I had brought up at a previous meeting you wouldn't know about that but um but this idea that you know we we have to spend a lot of money to replace these pipes And you can imagine a property they exist in town which is you know a relatively small commercial establishment with a very large surface parking lot and so they in some sense consume a lot of pipe. We got to run a lot of pipe to get it around their property even if they barely use any water at all. Right. And at the end at the end of a 100 years or so I don't know how much it matters how much water they used. we got to rip up and replace that entire stretch of pipe. Is there any consideration in this pricing or in other pricing models that says just something like like we recently just just tonight we did special assessments for roads where we said well your your street frontage is going to uh be the operative variable in the function when we calculate the price. Is there a model by which we price considering the infrastructure we price water the fixed price based on something similar something lot size frontage something like that.

So there have been communities have used on the capital connection fee portion of it not on the rate side but on the capital connection fee like a frontage cost okay up front. And here's where that that that starts to fall apart very quickly. I'm going to use water as the example. Um, what about the end of that culde-sac that there's a water mane in between two homes that loop the water man for fire suppression or fire flows or whatever. Now, it's on two sides of two properties. Why would you ever charge them more? Because it really it's a community benefit. The water main system is really a network. It's not necessarily these single these single lines if you will. So, at some point I don't I want there to be access to water main and I want water to be safe and I want the fire flows to be there. So at at some point you get away from it's good for me like a road like how much do I drive on a road and what's what's the benefit to the community at large or my neighbors. So I think it starts to fall apart there. I think it starts to fall apart a little bit because um on the sewer side it's similar, right? You you pass the sewer the sewer in front of my house has to be a 24 in because there's a whole bunch of other people uphill from me but I am only just a single family user. So then you start to get into inequities at some point. And to me, it's a it's a overall system. You charge bases the the most equitable you can, and you put that money aside. When the properties come up, you've got to be able to go in and uh make those repairs.

I was talking about something even simpler. Like literally, I just look at how big your lot is and I just have some rate that I use. However big your lot is, right? The bigger the lot is, the more pipe we have to use to kind of move around it, right? And then we're just going to use some kind of flat fee there or some kind of rate based on that. Is that a model anybody uses? Because

you could go drive down a bunch of streets here that all have similar similar lots and you don't have similar usage, right? Some are snowbirds, some are, you know, families, you know, mult, you know, you know, five kids or whatever the case may be. So, it's very difficult to look down at a piece of property and determine their wear and tear on the system, right? Or or their use of the system. And over time in the 20 to 100 years before we have to replace the pipe, most of these change multiple multiple multiple times like businesses will change. Businesses will go from a a pizza place to a cell phone store which is a super different usage and right and back forth. So overall you have to aggregate it. You have to just take the common good at some point and then put it all into pool all those resources. So, no, we've not gone anywhere near some of that kind of frontage foots on the rate side. People still might use it for connection fees, but they're all going away from that as well because again, how do you economic development? You going to charge somebody you want in your community on the big lot, that big brownfield development that you want redeveloped, but they're going to have to pay more. You get into then you start cutting deals and that's when the whole thing falls apart.

Okay. Um, we need we need to move it along. This has been a very long item and there are people waiting. Commissioner, hey, so I kind of I I'm struggling with bits of this because Okay, you talked about things like 100 year life. What's that depreciation schedule on infrastructure? Is it standard 30 years? I think it's Yeah. 30. So what we're looking at is three and almost three and a half times depreciation schedule. So if you looked at it on a cruel basis when it's depreciated, we're still taking depreciation money in rates, right? So we effectively just because it reaches the end of 30 years you don't change the rate down and say no we're not depreciating infrastructure that we paid for correct book values return to zero yes

but the acrrual is still happening for the depreciation because the depreciation schedule of 30 years so now we multiply by three right why do the rates go up because if we actually acrue and save three times the amount of the original purchase over a 100redyear interest at bearing. We pay for the replacement. It's already in the bank. And this is one of the issues that I have that I think Birmingham actually isn't in the worst place. I really struggle with who supplies us and the multiple layers of the people that supply us because to my mind, okay, we got to say uh uh Great Lakes Water. Who do they buy it from? Then who do they buy it from? Why do we need two three layers?

They don't buy water from anybody. They produce it and deliver it, but they they're suppliers for chemicals and treatment and other things, right? Yeah.

Point being, we've got these small regional authorities and the issue that I struggle with overall, I think a lot of people struggle with is we sit on top of the largest freshwater resource on the entire planet and it's cheaper to get water in Phoenix, Arizona, which is also not a brand new city, but it's still cheaper. and they literally have to pipe it in for tens of miles because it's a desert. What's going on with the management of everything around us? I don't think Birmingham's really in a bad place. You alluded to it in everything you said. I'm really bothered by everybody else cuz I don't think they do a good job. Why are we constantly subsidizing and paying a poor job with probably inefficient use of funds when we've paid into all this infrastructure you've talked to us about in different rate structures over the years? Nobody's changed. There's still this rate structure happens. Call it left, call it right, call it center, call it whatever you want. It's still been paid into it. And yet we have to pay yet more again. What happened to all the approval? Where's this funding gone? So I don't see the output which is a bigger picture for you. You probably can't answer it. I

can I can answer parts of it. I can answer parts of it for you. So a few a few things

the over the last 10 years the communities who set that money aside right the cruel over for they'll call it depreciation and set that money aside end up getting sued for millions of dollars because they were sitting on too much money in their banks right lawsuits left and right around town. you should only collect for what you need and the capital and and move forward. And I'm summarizing a very complicated and very nuanced rate arguments that have happened over the years. Um, so you you ran you run into those problems where you kind of collect what you need. You have a capital improvement plan and you try to fund it the best you can, but you're not banking tons of money anymore. Okay? You can't. Um, this the second issue is, you know, I don't I'm not up on my Phoenix rates, but there's been numerous studies about the the Michigan rate premise, and I believe we are still some of the the cheapest, the highest quality water around. I think there those are out there, but I I'll look at provide you that information. It just take water's heavy, right? Water is not gas, that's light. It takes a lot of energy to take it out of the lake, treat it, and deliver it to your house at 70 to 80 PSI, so you have good water pressure upstairs at the highest quality available and still have water in the street for for fire hydrants. Um, it amazes me how people come and complain about their water rate, you know, and they got a brand new iPhone every six months, right? Or whatever. I mean, it's this is these are the high this is, you know, this is our cost of living. Anyway, but so what's your point? I I think I think I think Detroit is doing a good job. I think Great Lakes is doing a good job. I think the water is probably cheaper than you really think on a gallon basis.

So, this is a very interesting topic and we could discuss it all night, but we're not going to. The point is here you are requesting that we review the recommended rate structure and provide direction regarding the adoption and implementation. So as long as the con yeah let's ask questions about the proposed rate structure and uh provide any comments on the direction that we want to give regarding the adoption and implementation thereof. Commissioner host

um you mentioned that we should build up about a $10 million reserve uh and how long will that take us with the current scheduling you've given us? Um if if you follow the steps directly you would probably within the five years four to five years but it's it's weather dependent right and it's sales dependent and it's capital dependent but the plan would be to kind of get at the end of last year you were sitting around seven each and you've spent some of that so you're not zero right and so I think as you work your way forward and work on your capital improvement plan I think it would probably be within the next you know under five years you'd be back hopefully faster but without overcharging.

Good question. And my followup would be that includes the expenditures that you've included for capital improvements uh roughly $3 million a year. Correct. Okay. So, we spend three we we're at sevenish. We spend three million a year. We collect money according to your plan. within four or five years our fund will be up to 10 should be with the spending that we do each year and I guess one question I might have is that sufficient and you know we've been pressing you uh for some time on doing more more quickly.

Yes. So with part of this, if the capital improvement program potentially four or five years out, if you want to add additional roads or move them forward in the capital improvement program and has water and sewer, potentially we would have to see some increases in maybe year two to three to be able to afford the increase in year four and five and continue to build the reserve and continue to build the reserve. And then these calculations um the methodology that got brought forward tonight and proceeds type of a deal. This is something that we'll be looking at annually with the finance department to be able to run these calculations to see where we're at in the next future years to help us uh figure out where do our rates need to be at. Okay. Uh hold on. You you uh you both have had your turns.

Yeah.

Do you have anything you want to ask? Uh I I just I think that the approach is um methodical and slow and um as you said it is a a hybrid system that gradually fix changes to fixed cost billing but still maintains as you said a usagebased rate. And as we have struggled with every year, um, as people are more environmentally conscious and use less water, um, or they they transition to more water saving devices in their homes, um, we get less revenue because they're they're using less gallons, but our fixed costs continue to go up. So, I think this is a necessary step, and I think that the the approach seems thoughtful and appropriate. Uh I would ask uh briefly the city manager or assistant city manager and the city finance director. Are they on board with with this? Is it?

Yes. You've read it. You agree with it. You don't think we should use either of the other options? The one more aggressive option that puts more on the fixed? No. Okay. Makes the most sense. So for the record, our city administration is backing this plan. Uh let's try to wrap it up quickly, but if you have another

Yeah. So two, I guess two questions or maybe even a request. Uh the first one is you showed in the tabulation of what changes plus++, but you said that that's not a cumulative ad. What would be extremely beneficial? Cuz I'll be honest with you, it still doesn't all drop into place in my head. What does a typical bill look like versus what a typical billing will look like to show what the pluses and minuses would really be? Because I I didn't get that from this. Did I charge it? Go one more. Okay. Yeah, but you said it's not cumulative. So, are the fire lines added on top of the water readiness to

that kind of missed what I was trying to see as far as what would a typical consumer's bill look like? How does it line up? Okay. Because that when you said they're not additive, we understand the question.

Yeah. So, everybody uses different amount of water, but let's say for the sake of argument, you had a thou you're a,000galon unit. Your bill would have had a line item one unit 8.87. We'll now say 966. You will have there wasn't a line item for readiness to serve for water and sewer. They will be now. And that will be $18 and $6.15 as the total readiness to serve, but the $8 comes off. So I'm talking about single family like residential, the most common property owners.

Then you're at the bottom where you were paying 79, you go to 84. If you're paying 90, you go to 101. So they'll be there'll be sewer rate, water rate, readiness to serve, and then one of the storm water charges on every bill. And so they're pretty consistent on how they look, just what's included in them is going to be different that we'll do a an FAQ piece or we'll do something on the water bills to do that. I just want people to go start adding up. Okay, a couple bucks $18 minus a plus 18 plus wait that's not actually Mark brought that up to me today. He goes, wait a minute, your math's wrong. No, because these are you can only be in one you can only be in one storm water district and the fire lines are only really for commercial properties. Okay, that was

I'm going to point out the city staff report says the minimum increase is approximately $18 per quarter or $6 per month assuming several things and that does not include uh storm water charges but changes. So, and if I may, there was discussion about this if the mythology is good once we bring the next step forward, us bringing an example water bill of what an existing customers may be as kind of Jamie mentioned and what the future one would look like type of a deal. So, you would have a comparison between the two to be able to see what your existing existing bill is and then your future one would be good. So, then you're asking for it, they're

the second part was actually what she touched on, which is um and you s you you sort of talked about this as well. It's a wet summer, storm and sewer goes up, water consumption goes down, rates go up. It's a dry summer, water consumption goes up. Storm and sewer goes down, rates go up. Where's the sweet spot? Because we keep on trying to do better. And every time we do better, it's like, oh, I'm sorry, but you're going to have to pay more because you did better. Oh, you didn't do better. I'm sorry you're going to pay more. What What's the sweet spot in this curve? There's a there is one somewhere.

I got it for you. You're not going to like it, but I got one for you. The answer is both systems are zero sum games. So it's not what you're doing necessarily. It's what you're doing compared to everybody else. So you you can't spike your water more like because if everybody else controls their water and you're still using a lot more, well then you get a bigger share of the water pie, right? If you if they start um throttling down their sewer and you have more sewage, you get a bigger piece of those fixed cost of those pies. So the answer is you got to just keep when su when sewers need to be repaired I mean it's a it's a combined system if you have opportunities to dis you know through development to dis um disconnect storm sewer into the river you should do it if there's opportunity and that's why there's some connection fees in there. You shouldn't necessarily preach conservation cuz that a commissioner's point people stop using water but you should say hey run your sprinklers at night. There's certain things that can occur, but you're you're not just trying to do better for yourself. You're trying to do better than everybody else in the system. And so if that makes sense, but if they're doing they're tightening up their systems a lot more and you're a higher percent of the flow, then you end up a bigger piece of the sewer pie if there the water's the same way. So, um, the sweet spot is is is in southeast Michigan for the most part when it's a wet I mean we don't have a wet wet summer here and a dry summer in the other parts of the system if that may I mean it's pretty pretty cumulative but you've got to do better you've got to just keep working on cleaning your sewer system up and and messaging to the

hard question no easy answers we have to wrap this up so what kind of direction are you looking for I think I hear people generally agree with with what you're proposing, right? And you'll come back to us later, right? And we'll also change. Okay. All right. Anything else that people seem to think is important? No. Okay. Thank you very much. Appreciate it.

Okay. Uh we're going to go straight to short-term rentals because I know people have been waiting for that. My apologies. We probably should have done that before the very interesting presentation on sewer and water, but uh we didn't. I'm sorry. So, uh as long as the commission agrees Yes. that we can jump ahead

to the discussion of short-term rentals. All right. I have a couple things I want to say before I ask, uh the city attorney uh to weigh in. Uh we have had uh the way we've approached uh let's call it enforcement of uh of of of laws of rental properties of of short-term rentals. Uh it's been two-pronged really. The police department takes complaints and when the police department historically has taken a complaint, they have responded. uh they've determined whether uh there's a law being broken and uh uh whether or not there's a law being broken. If if there's a law being broken, they'll they'll cite whoever the lawb breaker is. Uh but then they will uh create one of two types of reports that we have. One is a simple rec report called a Dard

a Dcard which is just sort of a record that they went out and did something. A more elaborate report is a full

a full-blown incident report. But historically, if they responded to an incident uh or a complaint, if it was at a rental property or uh or a short-term rental, they didn't necessarily forward that complaint. uh to the building department or code enforcement. There just wasn't there wasn't that communication. Likewise, now we had code enforcement and code enforcement's job along with the building department is to and stop me at any point if I'm incorrect, but I've rehearsed this with you. Uh uh the building department issues the licenses, does the initial and follow-up inspections um and then uh if there's ever an in infraction, a reported infraction, uh they take they have taken a customer service attitude toward property owners in Birmingham. In other words, they're going to encourage compliance. They're not going to be, you know, hardline enforcers. They're going to say, "Sir, you're out of compliance, and this is what you need to get into compliance." And and they might issue uh some sort of warning, right? Uh or or is that what it is? A warning,

notice violation. A notice of violation. And uh generally that would be corrected and things would move along. Uh they wouldn't be

My phone is somebody's phone is talking to us. Um, well, things are going to change, right, going forward if the police are called out on a matter that involves a potential violation of the law at any rental, but especially short-term rentals. uh they will do their work, but they will also uh notify uh the building department and code enforcement who will then follow up and the building department and code enforcement uh are going to adjust their response uh methodology, let's say, when it comes to uh rentals and short-term rentals in particular. uh uh less a uh uh le less a customer service approach and and more a if there is a a a violation that uh warrants revocation of a a license then uh that's what they're going to do. And um and so uh we've made uh last meeting we imposed a moratorum of uh six

six months

six months on uh new short-term rental applications and promised that we would come back just one week later tonight with uh we we demanded that they come back and and and they have with a series of uh affirmative actions. that they have taken in addition to what I just described to you. Um, and I will uh soon turn it over to the city attorney who will describe those. But I want to make one more comment and that is uh that you know police and code enforcement can do will do all they can. uh but residents uh you're the ones who live right next door to these rental properties and we're going to rely on you to some extent to be the eyes and ears. Um and to that end we've uh instituted some uh changes and additions to our systems. Uh many of you may know we have a a app that we use called Gov Alert where you can report one of the most popular things to report is potholes but uh we've added a new uh section to that where you can report concerns regarding rental properties. Correct.

Yes. And and to uh further add, mayor, to what you were saying, so that people understand that when police respond to a situation and they're assessing whether a crime has occurred, what they have to determine is if there's probable cause to believe a crime has occurred and who's committing it. It's a higher threshold than what code enforcement does. And not speaking of rentals, I'm speaking in general for code violations. The building official is charged with the jurisdiction to determine if a code violation has occurred of the building, residential, fire codes, etc. And the ramifications for that is simply a municipal civil infraction, which is a payment of a fine. A person can appeal that to the 48th district court, but it is a fine and the threshold is far less. So historically again the uh philosophy of the building department towards all code violations I'm not talking about rentals I'm talking about all code violations as you have said was the philosophy of compliance it was of customer service of working with residents and so that the system was never meant to be punitive but rather work towards compliance and now that philosophy about rentals is changing and Miss Godenzi We'll get into more details about that. Um, you at the last meeting you did approve the moratorum which stops all further permits for short-term rentals. I don't want to use the word ban, but the effect is the same. Um secondly, it was technically two and a half days because everything that we do has to be put in memo form and put on the city commission packet by a time certain uh which is on a Thursday. So technically within two and a half days um the uh particularly uh Mrs. Gadenzy

and the staff have worked together very quickly to come up with bullet points of everything we can do. Um, you asked us to identify everything we can do and we've done that. We will continue to find more things that we can do. Um, I know some of you are going to ask, why did we not bring forth a resolution to take away the licenses for short-term rentals that already exist? That would be illegal for us to do. We cannot retroactively revoke licenses that have already legally been given. what we can do is all that we are going to outline so that there if there are violations that uh rise to the level of revocation that's going to happen. Um two other points I'd like to make before I turn it over to my partner. Um, we did receive a very thorough letter from one of our residents and they asked two questions and that is what are going to be the legal frameworks to make sure we're doing all we can and and have those things be enforcable. And that's the whole key here, right? What we do, we want to make sure is legally enforcable because our job is to protect this city as you work to protect the residents and health, safety and welfare. So, we have to make sure what we do is legally enforceable, which is why I just very clearly said we cannot retroactively take away licenses that we legally gave unless we're given cause to do so, which we will be watching to do so. Um, so the second question the resident asked is the house that had the unfortunate shooting, is their short-term license revoked? And the answer is yes. that license has been revoked. The uh property owner has requested that they would do a number of things to get it

back. The answer was no. There is an appellet uh process. All things have to have an appellet process that is outlined by our ordinances that they get to go to a hearing if that's what they choose to. But in the interim, their license has been revoked. So to answer those questions clearly, um I'm going to turn it over to Miss Garenzi who's going to work through the list um that is part of your packet. Uh we've also have a few to add that we've been discussing since we turned this in on Thursday. Here you just say that. Yeah. Okay. Is this okay? Sure.

All right. All right. So, mayor, you did steal some of my thunder, but I will continue. Um immediately upon the passing of the moratorum, building department ceased uh any is issuing any rental licenses until we get that new application. And the importance of that is because this new application is going lays out the moratorum. It has the potential landlord acknowledge that they're not allowed to do the short-term rental of 30 days or less. It has them acknowledge that there is this six-month moratorum. It has them acknowledge that um the city's authority to deny a license, to revoke a license. It goes through all those proper steps. It also acknowledges that the termination of the license is April 15th and that's in the ordinance itself. Um acknowledges that the license is not certified until the application is verified approved. Inspection is completed and the fee is paid. Oftent times um even with permit issues sometime citizens think that once they pay a permit fee that they have their permit and they don't. Same with licenses. Just because you pay it and you can pay that online doesn't mean you have the license. All these steps need to be completed and we do so to make sure that the tenants are safe as well moving in with the proper inspection. Um the application will now include uh the names and contact for the owner which still exist existed previously the management company but also a designation of a responsible pro party uh for the purposes of a violation and or emergencies a second. So just to clarify then there's going to be a new

annual application for rental licenses. Clearly, it's going to stay if you're here for a 30-dayer, you're not getting it. There's a moratorum. But if you are getting a regular rental application in, these things now will be on the actual application form for the purpose of placing landlords on notice that we have new expectations. Didn't mean to steal your No, you're but I wanted to clarify that.

I'm willing to share Again, it's is indicate the application is submitted annually. Sometimes um in the process, an invoice would be sent to prior landlords saying, "Hey, your your license is about to expire, pay the amount, and you're all set." Now, no, everybody is going to fill out this application so that they they acknowledge all of these things. Even moving forward with whatever the U planning board decides, same thing. Um so on April 15th next year when they all come up for renewal half of them don't fill out an application those licenses will be revoked ex the licenses are they don't exist

they terminate on April 15th okay every year it's an annual if come April 15th if you haven't applied you haven't paid the fee you have no license what happens to sitting tenants because they get the I'm sorry we need to All right, let's let her finish and then we can talk about that.

Um, the police department as indicated are they will be identifying rental properties within their report. They will have a code to do so. That way it can be searched and tracked appropriately. Um, there will be a monthly meeting with police, code enforcement, and the building official to just review all of that and make sure that everybody has the same list of prop uh rental property locations. Uh complaints received by city staff relating to rental properties or suspected rental activity will be directed to the building official for his review and investigation. The communications director has added the gov alert link to the building department web page as well. Um and that again has the subsection for rental property complaint. Those will now be routed to a designated person in the building department as well as the building official and the uh code enforcement coordinator. Tracy, I want to interrupt you real quick. Those of you who are here for the short-term rental, did you uh get this list? Do you have this list or are you hearing it for the first time?

So, a little bit of both. Okay. There's one one more only a few more. No, I can.

All right. I Our office is going to be preparing a letter for all current rental property owners. Uh that's going to provide them notice of the enhanced enforcement and accountability and a reminder uh that pursuant to the ordinance, their rental license will terminate on April 15th. Now, um it will also go through some various code violations or at least cite the code, but we don't want to provide examples. Again, we're not locking ourselves in, but we are going to provide the code that everybody can examine. Um upon investigation by code enforcement or the building official, they will uh in review and inspect the list of properties that have failed to renew their rental licenses. There is a stack that were slow to pay their renewal fee. So those have not been renewed and those will not be renewed until the new process is completed. However, we do have addresses. So those will be investigated. Um and the building department is adding some checks and balances in BSNA uh for internal staff so that they can check and make sure that licenses aren't issued or that proper steps are taken in that. Uh we did since this was published, we did come up with another uh bullet point and that is to admend the uh landlord code of conduct that was entered into some years ago to reflect certain actions, behaviors that landlords should take when they are interviewing potential tenants or looking at uh or even their advertisements and and give them some ideas that we have for that. So that is our list thus far.

Okay, good. We have the building official here, the chief of police is here. We have both of our city attorneys. I do want to hear from the public as soon as possible, but I also want to I don't want if if one of the commissioners has an important comment to make. Go ahead. You know, part of the new regulations should be, for example, when the police show up, it's $150 fine for whatever reason. If the fire department shows up, it's a $500 fine. Uh, we should make the penalties for bad actors as costly as we can.

That's something that we can look at. Um we already have in our ordinances something called causing alarm. If people are uh causing uh certain types of alarms uh erroneously that is built in some of the other punitive fines you're you're talking about I we'd have to walk through and think about carefully. Um we may have the better stick though and that's revocation. So, um, part part of this and and you know, to your point, if someone has maybe just simply forgot to do something like pay their fee or fill out the application, but they've historically been a good landlord, they have good tenants, that's where we say that there is some discretion of what rises to the level of revocation. We also have to have some common sense and be reasonable. However, if it's a property that we know we have received multiple gov pilot complaints about and we know that this is perhaps a landlord who has failed to take uh responsibility and accountability in the past, then the building official is going to determine whether or not he uses the uh full revocation powers under the ordinance. Make sense?

Yes. Does that include revocation of CFO of CFO certificate of occupancy? Um, it's a that's a different that's apples and oranges.

Well, where I was getting at with when I asked about sitting tenants, and we may be slightly off here, but there's the understanding of punitive actions towards the landlord. There may be an unwitting tenant. That's that's where I say that we're going to have to examine every let's say this. One can never know the facts or circumstances surrounding a particular circumstance and issue, right? And that's where our building official and the code enforcement officers or police department police officers have some ability of discretion. What what we're outlining and what the code official can discuss is where now we stop with notice violations and working towards compliance and saying this now rises to this level and looking at some of the properties that have had the constant ongoing issues are going to receive a different level of scrutiny. There's also a provision in the code that the notice goes to the tenant as well as the owner. So, the tenant would also receive notice that the owner hasn't fulfilled their duty.

Okay. Thank you. Thank you. I have one more question. It's your turn.

One of the things you brought up last time is is that the rental properties are commercial businesses in residentially zoned areas. Is that reason for relocation? So, we have to be careful with with something even though right now our our res our rental things are through the our I shouldn't say things. Excuse me. It's late and I'm getting tired too. Um, our rental ordinances are part of our general police powers and not under zoning where they're going to be moved to zoning. We still have to be cognizant of the fact that this is land use and when we start interfering with land use we've already granted is when we can run into trouble. So, um, our recommendation is that we're going to continue to move forward with you've already approved to move this to the zoning, uh, ordinance, excuse me, to the planning board. So, that all of this is going to be changed into our code of zoning ordinances, which will give us different tools in our tool belt.

Okay. Thank you.

I'm sorry, he he hasn't spoken yet, so go ahead, Commissioner Kazowski. Um, so you had you had mentioned that there was a sort of different standard of proof, I don't know if I'm using quite the right term there, between, you know, the the police determining that something illegal has happened and us determining that a property has not abided by um the agreement, the rent, the basically agreement that they enter in with the city, right? Um, so what is sort of the burden of proof? Is it would it be sufficient for the building official to say, "Well, we got a lot of gub alerts about this property and so therefore I'm going to revoke your license." Is it if a police officer observed some kind of bad behavior? If residents observed and attested to it, what exactly are we looking for there?

That's a really good question. So, when the police department goes to a residence for any complaint, rental, non-renal, and they're investigating a crime, in order to determine if a crime occurred, they have to have what's called probable cause, higher threshold, higher burden of proof. For the code enforcement part, what they're looking at is whether or not they are out of compliance with the code of ordinances involving the um properties themselves. Is it a a fire code violation? A res a residential code violation? And the building official can maybe articulate this better to you, but his standard of proof is more likely than not in order to issue a municipal civil infraction. Even if he opts not to give the civil infraction, which he likely will now for all infractions, it's more likely than not. And then he will determine, I'm sure with the input of his code enforcement team and other staff members, does this rise to the level of revocation. So his standard of review is far less than the police probable cause. It's more likely than not. And so something that you just said is key. Will a neighbor will a another person attest? Will will people be willing to make a statement? I observed a large party in the backyard wherein there this this and this was happening and it was disturbing the peace and quiet of the neighborhood. Police came, gave a warning, never stopped. I attest this occurred. Will that be enough for the building official to give a ticket for a code violation? Yeah, that will be the difference of the standard of review. Back to the mayor's point, you know, government can't do everything alone, right? We're going to need residents to be our eyes and ears.

The difference now is that there are different systems in place to make sure when there are complaints and they bring the the things that they see with their eyes and their ears that there's a new mechanism to make sure it gets to the right officials quickly and they investigate and they respond. Does that mean every single time is going to equal a revocation? Maybe not. That's why I say every circumstance may be different. The difference now is there's going to be active enforcement, quick enforcement, getting to the same two people for every complaint so that nothing falls through the cracks and it's going to be treated now with a different philosophy, not of working towards compliance, but we are serious. You know, we can also pass every law. we can make our zoning ordinance what what I think the planning board's going to do an exceptional job because they're really a good board. I think we're going to have really great things in place. Let's face it though, we are still at the mercy of human behavior sadly, right? We need to get through to the landlords to make them understand your best interest is to make sure you're renting to upstanding citizens. That's the bottom line here, right? We can't always regulate the bad actors behaviors. I mean, we have how many laws in the books about what crimes you can't commit and they commit them anyway. Shooting up a house is against the law. They did it anyway. I think the most important thing here is education and information, communication with landlords that we expect you to have responsibility and accountability to those people that you rent to. If you want to continue to use your property in a commercial way, we have this expectation of you. Otherwise, you're

not going to get a license and a permit from us. Okay. And that it is right. And as you said, it is important for our residents to be our eyes and ears. And in fact, their addestations to their observations about given properties can be enough enough evidence for the building official to site an infraction or potentially revoke license. Yes. Okay. Sorry. Everybody gets I just want to clarify uh Mary that that statement you just made

about landlord education and police is directed towards the existing licenses that we cannot legally revoke at this time to do our best to police behavior on those and has nothing to do with our attitude about granting new short-term rental license which we intend not to do through zoning mechanisms.

Yes. Yes. And I think it's important for the future too. So definitely that's what Tracy was saying that we are going to be sending a letter to every rental property of persons that have licenses regardless of the license to say here's our expectations and if you want to continue to protect your property rights to to rent property make money etc then you need to do the right thing by the residents of Birmingham by having accountability and responsibility to those you rent to. And if you're renting it to bad players, then these are the things that are going to happen. So, if you want this, you need to work with us. And if you don't do it, then you don't get to make money. Yeah, when I mentioned that we should have fines and penalties, I forgot to say for the building department when they show up with one of the instances that you have, you know, deemed worthy, uh, it should be 150 bucks and if the police show up, it should be 250. Just wanted to clarify that.

I don't think we can just charge service charges like that, you know, like the plumber. So, but if someone, let's say for instance, there is a the code violation that a a ticket is issued uh and they have to go to the 48th district court and they have to pay a fine. There is a portion of the fine that does come back to the city of Birmingham. A portion stays with the 48th District Court because they have to administrate that ticket, but a portion of it does come back to us. All right. I want to give uh then just make them higher fines. I want to give the p I I would like to give the public an opportunity to speak.

I just want to add one thing in this time. Um and thanks to the eyes and ears of the neighbors. We issued actually 21 tickets in this last week for unregistered rentals. Some were short-term, some were found on VBO in Airbnb and there's been 21 issu tickets issued. Have they been shut down? Uh the tickets have been issued and they weren't registered yet. So, we actually issued a ticket as far as So, let's say there's an unregistered. So, you're saying there's a place listed on Airbnb and they don't have a license with you and you issue them a a violation. They've been issued.

Do you go back and check to see if they're off Airbnb Airbnb? Do we contact Airbnb and say, "These guys don't have a license. You need to get rid of them." I know the one at 1480 they did get removed off of uh the RBO. Um they I'm talking about the 21 that you just cited. I'll have to verify that and get back with you. Okay. That's important because just they could pay the ticket and stay on Airbnb and and not uh Yeah, I can add to that too though. Um, if they do continue, we can ask the court to for to issue an injunction to stop their use altogether and then they'll be they would be subject to more fines and cost and things like that. So, they could have to

and if I may add, Airbnb and Verbbo have both made statements that they will remove unlicensed properties from their platforms if they are notified. I was going to say that if you did. I I do think that's true. Yeah. Okay. Let's hear from the public. Don't go away. All right. Not you. Oh, I first of all I want to thank everyone for all the work your name and

David Win 1457 East Lincoln um on uh next to 1480. Um but anyway, I want to thank everyone for all the effort and the work here. Um it's important. I think my biggest concern and I understand we have to move in steps here is the way I hear this is even if zoning says okay over the next couple months they come up and say that short-term l rentals less than 30 days rental is a business and should not be in a residential area. We can do nothing for those that are already have licenses.

May I respond? Yes, please. Yes, we cannot retroactively remove a license, but please keep in mind licenses automatically cease on April 15th each year. So, if it's determined by the planning board and recommended to the city commission, city commission agrees to ban short-term rentals in residential areas. You don't have to renew it. They they will not be able to renew it as a short-term rental. Correct. Okay. It's going to take time. I know it takes time, but but it's important that that's a very important point, right? because it's not necessarily that they're grandfathered in forever.

No, it's up to the zoning board and I would point out to all the residents that there's a meeting a week from Wednesday and this is on the agenda at the planning board.

So, I'll be there. So, and I do think it is important that there are some good actors in short-term rentals. Um, I've talked to some some rent their own homes, their residents when they leave for a week. Some rent a room and it's their own resident. They're living there. It's a difference. The places that I see that are in our area, they're not owned by anyone in this community. They own many properties. They're businesses. So, I think the focus is right here. And uh I'm glad you're looking at the sites because it's easy to find them, right? I think we should have a list of all of the what we determine know to be short-term rentals in front of us. Okay.

We have that list and we're working on that. Yeah, you're working. And I know there's ones that have licenses and ones that don't, but you're working on that. Okay. And you're suggesting that that be made public. It could be made public. I don't And is that legal to make that public? It's I think I think the neighborhood it can be made public. Yeah. I think the neighborhood should know, right? If a license or an application is received by a public entity, that becomes public information. Okay. Good. And they have a web page lists them all. So, okay. Thank you. I had I really appreciate uh your kind words.

Yeah. And I want to thank everyone and uh the emails back and forth, it helps. So, thank you. Good evening. My name is Narlu Castellano. I live at 1553 East Lincoln Street, and I'm here tonight because my written letter signed by me and 19 more residents, organizations, and local businesses was not entered into the public record. Not that I saw it on the agenda, but it was the one that the attorney read. So, I appreciate that it was received. I didn't receive the response from any of you, but I emailed it to every single one of the commissioners um April 29th after this meeting last week. Um I want to begin by thanking the Birmingham Police Department on April 11th when my daughter approached officers on the scene and asked if her neighborhood was safe. They stopped and personally reassured her. That moment of care did not go unnoticed. So, thank you so much. Tonight's agenda is over 400 pages. This item, a shooting on a residential street involving four shooters, 35 shell casings appears lasts. Before we arrived at the safety of the people who live here, this commission worked through sewer projects, liquor licenses, paving contracts. I'm not suggesting that those matters are unimportant, but I'm noting for the record where resident safety ranked. Someone once said, "Every society gets the kind of criminals that it deserves. What is equally true is that every community gets a kind of law enforcement that it insists on. Tonight, we are insisting. I have read the city attorney's memo data today and I want to acknowledge it. The interim procedures, updated applications, monthly coordination between police, code enforcement, and the building department. A gov alert system step forward and that work is noted. I also want to acknowledge that the city has revoked the license of the east link property that kept me up at night for all these days. This is the right outcome and it answers our second question. The revocation authority existed. It was used and that matters. But the memo confirms the city is still

continuing to evaluate potential amendments. Procedures are not ordinances. They can be changed administratively without public notice. Question one remains open to me. What specific enforceable language are we going to draft and when will it become before this commission for a vote? The tools exists. The authority is confirmed. One question has now been answered by action. We're asking for the same clarity on the second. I ask that my letter be entered into the record and that the remaining question receive a public response tonight. I appreciate it. Um this timer is a bit offensive. We've been quite generous to the commissioners with our time. We appreciate the reciprocity. You have all the time you need.

I I am hurt. Just because someone didn't die that morning doesn't mean we're not hurt. We're bleeding. My child is not well. She's still traumatized. She's still Is our neighborhood safe? Can I walk outside? How long does it take to the police to come here if I call 911? These are not questions that I signed up for to answering to my seven-year-old daughter. She turned seven just yesterday. And I am really deeply concerned as how naive the commission seems to be over a matter that is criminal in nature. So my my plea is I open my letter with this line. The first time I woke up to gunshots was in February 4th, 1992 in my native Venezuela when Hugo Chavez was attempting a coup. The second time in my life I woke up to gunshots was on April 11th, 2026 in my bed in Birmingham, Michigan. I cannot live with this. I cannot accept it. So, I will do whatever is in my power and the 20 other moms that supported me on my letter to assure that our kids are safe in our neighborhood. This is not a trivial matter. This is not an administrative matter. This is a matter of life and death. I woke up to this sound. This is what woke me up on April 11th. It wasn't my child coming to my bed to hug me. And it was that thought that has kept me up at night since April 11th. So, please do not continue to treat this matter as an administrative matter. Continue to put administrative burden on tenants and let's address the safety issue first. I commend our police. I I'm concerned with how the the residents speaks speaking up and and um speaking up against this this STR Reynolds like complaining about the noise the behavior. This is a noise

issue. This has been a really a safety issue. We just saw another shooting happen yesterday on another neighborhood and someone died. another short-term rental and someone died was on the news yesterday and I tell you the name of the neighborhoods. No, it was something Woods. I'm so sorry.

Harper Woods and someone died in that shooting. The exact same situation. I don't want people dying on their sleep in our neighborhood by gunshots. If this would have happened downtown Birmingham, would we be concerned? Of course. I just feel like this outrage and this sense of not safety is not shared by the commission. I feel like we're very concerned about being proper and being civilized and the issues when we are dealing with gangsters shooting at each other in our streets. That is not acceptable. It cannot be tolerated. And it is different. What I saw in Venezuela was this. The opposition to the Chavez regime wanted to go to vote. And we voted endlessly for almost 30 years while these people had guns and were shooting at each other and shooting at civilized people. I have seen democracy decline because of this lack of awareness and tackling law enforcement properly. We don't I don't need attorneys telling us what our rights are and what the rules are. We know the rules. We know the commission has the authority to act. All I'm asking for is like we need to be quicker. We cannot be here on May 4th. Still not clearly I mean finally acknowledging that that license was revoked. But this happened on April 11th. April 11 at 6:45 that license should have been revoked. Period. That is the level of response that I want to see from my commission and from my city that I love dearly. I've lived here for 10 years and I love it. I'm happy to raise my daughter here. But I am deeply concerned at the level of naivity that the neighbors were not used to this. Of course, no one here grew up with gunshots and gangsters shooting at each other and drug deals in their houses. And we're not going to tolerate it. I just want to remind

everyone like the mom's group chats are on fire. We are not going to rest until our children feel safe again. We have kids playing soccer an hour after the shooting, a a block away from this house. My daughter didn't want to go out. She went to the cops. They were like, "Mommy, what is happening?" I'm like, "Sweetie, I'm not really sure we're safe. The police is here. My street was closed for 12 hours. We did not have access to the other street because there was an investigation ongoing." None of this seems to be relevant. like none of this is a very serious safety issue and I appreciate you guys prioritizing it because the moms are not going to be quiet and we're not going to rest until we see this properly addressed and stopped. So, thank you very much.

Thank you. And amen,

Mr. Mayor. Just so that everyone is aware that that license was revoked the day after the the Tuesday after this happened, the day after Kelly Kazlowski, no relation to the commissioner. Uh, I live in Birmingham on East Lincoln. I'm Naru's neighbor. I signed her letter. I appreciate you giving her all the time. She was willing to take to share her story with you because I think it's compelling and important and I would echo her comments that it's honestly a bit insulting that we're landing. We're what, four hours into this meeting and this is when we're talking about this. You saw the hands go up at the beginning of the meeting. There were at least 10 people in the room who came prepared to talk about this issue. It has dwindled significantly because you can't expect residents to show up for a commission meeting and stick around for 4 hours. I'm amazed that Naru is still here. She has a kid at home. Like this this is disrespectful to the community. When we came to the the first commission meeting after the shooting happened, you assured us you were going to expedite action and we should come to the next meeting to hear what it was. It was the moratorum just saying we won't add more. Everyone's going to keep doing what they're doing, but we won't add any more for a minute while we think about it. And so then we came to the next meeting because in that conversation, the commission rightly said, "This doesn't have enough teeth. Lawyers, we want to see more teeth." I was really excited to look at the packet and see what you all came up with and really dismayed to find that what was on paper sort of looked like what I thought was already happening. Was very disappointed to learn that things like a coordination meeting between the police and code enforcement around short-term rentals was a new practice that wasn't already happening. we weren't already paying attention to the record of short-term rentals and cross- refferencing that with complaints with with people calling code enforcement and the police, which by the way, I've done for the rental that I live across the street from several times over more than a year. And when they come out, I'm I am sure to say

it's a short-term rental. It's an Airbnb. Is there anything else we could be doing? No, just keep calling. Just keep calling. And then to hear the commission suggest that we should be the eyes and ears in our neighborhood when you have people showing up to rent these homes with guns. I'm not interested in in potentially being seen as someone who's calling the cops on a house where people are armed. I I've just just had to deal with Airbnb renters who are hostile and that's, you know, unfortunate enough. I'm not going to take my chances with weapons. But but sure, we we can continue to do what we've been doing. And for the past year, when I've been calling when I've called on all of these code enforcement things that in theory could be grounds to revoke a license and it doesn't happen, for you to come here tonight and say, "But look what we've come up with just feels really insulting and really frustrating. and to wait four hours to be able to tell you that after we have to listen to a consultant go on for a half an hour cracking jokes about sewers and and the commission was very inquisitive on that topic. I don't know where our conscience went because in the last meeting I attended when we were talking about short-term rentals, it really seemed like you all were concerned that gosh, if this happens again, I I don't know if I'd be able to live with myself. How would I look my kids in the eye? This is on my hands. Well, I'm here to tell you it is. and it did just happen in a neighboring community over the weekend and someone did die. There is no guarantee that it's not going to happen in Birmingham because we put a moratorum on and we get a little more organized on the back end with our administration around enforcement. There needs to be more action and it's really frustrating that it took this long in this meeting to just be able to say that and I'm leaving this meeting with really no more teeth. So, thank you for the time, but this is not enough. Thank you.

Uh Larry Lang, 644 Bird. Um I share a lot of the the frustrations there. I also I felt a lot of passion among several of you last week saying, "Who cares we get sued? Stop it right now." Um let's put an end to this. And I was really encouraged that we are looking to take action. I sense when I was first listening to our two attorneys speak that the momentum has shifted from trying to find a permanent solution to this to find ways to mitigate problems that are already out there, but we aren't going to put it away. So I feel better hearing a little bit more now that this come April 15th if we do, you know, I'm not sure I get this process exactly right, but change zoning laws. uh we can't do this anymore. April 15 next year, no longer in compliance cuz we no longer have the uh the right zoning. I hope that's the direction we're going to go in because we can be the eyes and ears. Um we can ask um landlords to be more diligent in who they rent to, but I don't I don't own those kind of business, but I suspect it's pretty hard for them to know that there's a bad actor and it's too late. It's all good until it's not good. And that's what happened to us here. And that's probably what happened to Harper Woods. So to me, the only right solution if we really want to stop this is we just don't have short-term rentals of less than 30 days in, you know, in neighborhoods that are zoned residential. I hope that's where we're going. I encourage you to use your, you know, um, authority to keep pushing the planning commission, our attorneys, and everyone else involved to put this behind us because it's it's a safety issue, but it's also, you've heard me say before, it's it's also a character of neighborhood. We'd rather have permanent residents that we know, respect, like, and talk to instead of a revolving door in our neighborhoods. And

thank you for your attention on this.

Thanks. Hi there. My name is Cassie Soilton. I live on Hazlewood. I spoke last week to everyone here um about the owner occupied rentals and I first of all your your testimony was powerful and more than anything I want to save Birmingham like everyone does of course. Um, I guess what I I wanted some clarification if I could on what this means for owner occupied short-term rentals cuz I haven't heard that today. And is there going to be a caveat for that? Is there any type of discussion around that? Last week there was a bit of that.

Do you want me to answer? Well, I think it's going to you could, but I I mean that is something that would come up in the future with the with the planning board and their recommendations. And I I think there's pretty good agreement up here that that that's something we would want in there. Okay. And and what is the process with the planning board? What does that look like?

They meet. They have a staff and they they usually start with some rough draft of of what could be done. They may be pulling in uh uh ordinances and laws from other communities take they're going to have whereas they normally don't have uh our attorneys present. I think are you guys planning to be present for the planning board meetings on this matter? We have to discuss that with Mr. Dwee and um the planning board, but certainly that's our intent is is a cooperative uh uh meeting and it looks like the planning board took

the direction was get it on and make this your priority. It's already on their next meeting already. Um and so the process is that they would draft ordinances, they would examine it, they'd have public hearings, and then they would make a recommendation to to you, the city commission, um as to adopting the an ordinance they'll put in front of you. So there So they do have to once they have a proposal, they have to have a public hearing on it. Is that a requirement? Yes. Yeah. Uh that they have a public hearing and then we would have to have a public hearing on it as well or not? Um well every meeting you have is public right so whether you call it public

it's not technically a public hearing. So sometimes sometimes public hearings can delay things but in this case they would not. So uh right we we would expect it to be sooner than 6 months but probably longer than one month. Planning board meets twice a month. And so while this is being addressed by the planning board, is there any anything else happening here or is it 100% there and then it gets kicked back?

We just described we just went uh described at length the things we're planning to do uh administratively and legally when it comes to uh violations and and and of both the law and our code. So, and we're open to, you know, they just added something today. So, if if y'all have some suggestions about other things we can do, I know you wish we could just go, they're banned. We can't do that, but we can do a lot of other things. And that's and you know, bring it on. We got, you know, uh we're open to any lawful suggestion. Right.

Absolutely. And I think the question was do does the commission do any drafting of the ordinance? Well, basically the zoning the planning board does the draft. I'm trying to figure out what I need to be aware of and how close planning board meetings on Wednesdays. Go to the planning board page on the website and download their their uh agendas and their packets and then uh our meetings if it's on our agenda on our web page. Okay. And thank you all. And tune in to their whatever social media group because I'm sure they're all over it, right? Oh, we can make it on whatever.

Any other uh any other comments from the public? Okay. Uh I see you two are both here. You're new best friends, right? I'm talking I'm talking to you, Jeff. All right. Hi. Oh, I'm sorry. I didn't even realize. That's okay. Sean Scott. I live on Chapen Avenue. Um,

it's late. I'm tired. I sat here a really long time. What was it 11:30? Uh, 11:10. Um, I don't know what I can add that hasn't already been said, but I am so incredibly disappointed and ashamed to be a part of this community at this point. I have had countless concerns ignored despite many calls to the police department, code enforcement, who I am on firstname basis with and I actually really like like they drive really hard but yet um my experience as a citizen has not only degraded our quality of life, our mental health, it has been um ignored and dismissed countless times And um I I am so thankful for the ladies behind me that have band together and used their voice across this room and have had the courage to stand up and speak to their experience. Um I'd like to remind everyone that this isn't just about a one-off shooting that happened and it's like the odds of it happening again are so small. I spoke last week and I shared my experience with the crack pipe in the front yard, the drug needles, which actually a building official told me he saw but didn't report and I had to call and report it that they be picked up. I actually had to call twice and the fire department came and picked them up. That was a week ago, week and a half ago. Um, and then, um, the man urinating at a short-term rental across the street. There was a phone call made then, probably multiple. That was probably one of the occasions I called both entities. There was a man passed out intoxicated in my front yard. As my husband arrived home from a long week at work across country, he was greeted by a woman crying hysterically over the passed out man. He then carried the man back to the

short-term rental. We've had um countless other minor infractions, but these stand out to me. Um and um yeah, I just I feel compelled to share because this is what Birmingham is to me. You know, people think Birmingham and they think, "Oh, what a responsive body you have. What what a lovely community." That has not been my experience. And I hope that in this instance, my experience changes. Thank you. Thank you. I'm

Donna Vorhees. I live at 990 Wakefield Street next to an Airbnb um for 3 years. For 3 years. I watched the calendar to see how long the occupancy is. And when I see that it it's just a weekend, then I put my camera on. Then I'm on alert and I don't sleep. I have to keep my windows shut because of noise. I have to endure these weekend rotating hotel occupancies of people staying up all hours, putting a fire pit on the deck, which is so highly flammable, underneath my bedroom window, and then my house filling up with smoke. I could go on and on. A woman got dropped off. She went on the upper deck. She stripped her clothes off and then in front of my family, I was having a party in the backyard with my husband. Strips her clothes off and begins to photograph her behind. These are these are not just bad actors. What What are we talking about here? We're talking about weekend rentals. Statistically, a weekend rental is going to be a high probability of parties and people going in and out. I I can't I'm I'm speechless. I don't even know how I don't even know how to share my experience with you of three years cumulatively, collectively, what we have witnessed, not just me, the neighbors. And now my

question, my big question about what we're putting in place here is it seems to me like the burden is still on us and it's going to be objective. Is it going to be really objective? Like we see all these things and then the police come and then they go inside and then it's our word against theirs. How are we validating this stuff? It's against the law to share. I I will never share my photographs or my videos, the camera that's trained on them. That's against the law. But it's it's our word against them, their word against. How are you going to how are you going to effectively get rid of the bad actors? How are you going to make the landlords when we don't even have a list that's all-encompassing of them? How are you going to make them understand a vetting process? Why is there not a vetting process? What about a hotline? Why can't we have a hotline like Ferndale has where it's immediate and the police make the determination that it's valid? I'm so disappointed in this city. And to be honest, I I think you don't care. I think you don't care. I really do. How are you going to institute a 30-day minimum rental? That's what everybody wants to know. At the at the minimum, when is that going to happen? after we have to collect and go against people for a whole year of bad behavior. H how are we going to get to even that standard where a person has to rent a minimum of 30 days so that we get a better caliber

of people that are coming into our residential area. I embrace that. This is nothing if we are the police with the police and the code. It's putting the burden back on us again. We need a 30-day minimal. When are we going to get that? Is that what we're working for? That's what we've been discussing. When would that be?

I think we discussed some timelines. We talked about first of all we put the six-month moratorum to give the planning board that much time but we've said I said that it would be at least one month before they came back to us probably less than 3 months and they would and and at which time we would have a zoning ordinance that that would address what you want to be addressed. Would there be verbiage that actually comes out to the news and everyone that says after this amount of time even the moratorium which would be I think November 1st would there would the city does the city plan to come out then and say it will be a 30-day minimum rental occupancy. Is that what we're working for? I don't think we understand that. Well, I I'm I'm pretty sure we made that clear. We made it clear that the the existing uh uh licenses will expire next April. So, at that point, we can clear the decks

for what? For short-term rentals. For short-term, we know right now there are no short-term rentals, new short-term rentals that are going to be issued. We appreciate that. Number two is we're going to do much more rigorous enforcement.

We understand, okay, and revoke when we can. The third thing is we're going to write a new zoning ordinance that applies applies going forward, but we can't we aren't going to be able to revoke the the licenses that are in good standing where there haven't been violations that we haven't revoked them. But those will expire by April of next year. By April of next year, there there should be no more short-term rentals.

And if if someone pays their dues and they get to a year from now and they're in good standing, is there going to be an ordinance that says no short-term rentals? N nothing less than 30 days. That's all I wanted to hear. Okay, we've said that. I'm sorry if it wasn't clear. It's the first time we heard that. I appreciate you. I'm sorry if that wasn't clear. Sometimes it's legal language, but that is that is what we've been talking. I believe Miss Couter said that in answer to another question that it will not be possible on April 16th to renew a license for a short-term rental. They're done. Thank you for

with the presumption that the planning board is going to be making that recommendation to you, which I again I have huge faith in our planning board is going to probably make that recommendation knowing what has occurred. I could leap across and hug you. That's okay. We're we are not we think

we are not insensitive to what's going on. I apologize that it took till 11:20 or whenever we started talking about this. I the one thing I should have put off was the sewer discussion. I'm sorry. When I took hands at the beginning, there were roughly equal numbers of people. One of the reasons we left it here was because anybody who looked at our agenda earlier on would have seen where it was at the end and may not have shown up until the end. I I'm sorry. I've sat through many meetings and it's it's it's terrible. It's an awful experience to listen to a sewer uh presentation that you have zero interest in.

I'm not mad at you for that. I just wanted to know and I apologize to anyone who made repeated reports and and it's not an it's not exc it's not an excuse but I hope that we explained like why that was happening again it's not I'm not making excuses I'm explaining when this came to this the the the uh magnitude of this problem was not clear to most of us. I think we heard your complaint a couple years ago or Yes.

Mhm. And I I personally was unaware and at that time there probably were not the number of short-term rentals that there are now. So there's been so you know this trend line. Uh so our apologies really right and there wasn't our ability to regulate them by zoning then which there

this is true too. Um so now we think we have the tools despite the fact that it's 11:30 and that's early for us believe it or not. Um you know we we do view this with as an urgent issue. Thank you. I appreciate it. I'm I appreciate the clarification of that one thing we were waiting to hear that there is an end in sight for us that there will be a 30-day minimum. That's all we care about because the bad actors come on weekends. They they turn around and they turn around.

And by the way, there's nothing illegal about you uh giving to the police uh surveillance camera footage. You see that all the time, ring cameras of showing crimes or whatever.

I called the police and I asked them to come and I my family, they were all out in the backyard and they witnessed that and the police said, "Is there a fence?" And I said, "Yep, there's a privacy fence, a wood fence, but they're on the upper deck, her and her person." and the police said, "We can't do anything about it because you have a fence and it would be an invasion of their privacy." That is what happened that day. I should have gotten a report. It would be a cumulative report like all the little incidents like that, all the little grains of sand now, but I don't have those reports. You just have to believe me that this has been

Do we have those reports of that particular rental? And I don't want to, you know, play favorites, but No, but we are we we we've heard of this rental before. If we've heard of one and there are numerous complaints about them, we can we can follow up. We should be following up on that. Thank you very much. Please make sure if if anyone in this room knows of particularly problematic short-term rentals, please give the address to either the chief of police or the building official or one of the city attorneys. Are there any other public comments?

Yeah, I just wanted to say thank you. I did not that was not clear to me um until just now. So, I appreciate it. I look forward to April 15th and thank you truly from the bottom of my heart from my family, from my 9-year-old who is also asking safety questions. Thank you. Thank you. Uh if you're online and you want to comment, please use the raise your hand function. Don't see any anyone else in the room. Okay, bring it back to the commission. Uh is is what they have proposed sufficient? You know, we made a resolution. We don't have the minutes from last week, but we made a resolution after we did the 180day moratorum. And I believe we instructed the city manager and the city attorney to come back to to us tonight with resolution language. Now, the planning board meets on the 13th. Is that it? When's the planning board meeting? 13th.

Well, we have a meeting on the 18th and uh I would like to make a resolution that we have a new zoning uh ordinance in front of us on the 18th. Uh it's impossible, legally impossible because in order to do an ordinance change for the zoning, there has to be a public hearing. And part of public hearing is the notice requirement. That's what makes a public hearing unique. the fact that there is certain notices that are given to all persons of interest or people within uh certain footage and and things like this. So, it's legally impossible for the planning board to turn that around in 5 days. They have to comply with notice requirements.

Well, let me tell you what is legally possible. We traditionally rely on our staff, our legal council, and our boards and the city commission to write and approve ordinances. Commissioner, we are legislators. You are free to write an ordinance and submit it to us. That is within our charter. It is also within our charter for residents to do the same. There's a process. It may not be as quick as the process, but it's it's there. If anyone wants to propose legislation that they think is better than what or faster than what uh the city itself can come up with, be our guest. And I'm not being facitious here. Okay?

It's one thing to sit sit here and say, "Well, we should have it tomorrow." Well, it's another thing to do it right. Okay? So, and and I would like to Commissioner Host has insisted that we can just say stop and that New York just said stop or Ann Arbor just said stop. And I have taken the time to do the research and read all of those, the meeting minutes, the background, the final results, the lawsuits in some cases. And none of those communities including Manhattan and New York just said stop. They all zoned by density or they zoned by um the zone by zoning. They use zoning to regulate. Um they in some cases allowed.

Mr. Host, I want you to look at the room because they're all nodding their heads because they've done the research and they know what you're saying.

And and in New York, they didn't just ban short-term rentals. They made extremely ownorous regulations that says that the property owner has to be on site during the rental, which I'm sure has cut down on rentals. They also allowed commercial property owners, if you own, you know, a skyscraper, that's condos or apartments, that building owner or that apartment building owner is allowed to register with the city of New York and say, "No one in my building can have a short-term rental." That means when they come in and apply for a license, they they're automatically rejected. So there are a number of things that we we can do, but under our rules of procedure, under Michigan law, as M. Cutout said under the Michigan Zoning Enabling Act, we have to follow the process to do something legal that's appropriate that we that doesn't have any because we went fast loopholes in it that we can enforce and defend so we can get the solution that we want in this community which is no rentals less than 30 days for with the exception that if somebody wants to do owner occupied which Ann Arbor still allows and Arbor allows that if you own a house, you can vacate it, you know, less than a certain number of days per year, rent out football. So, but we h, you know, it is not as fast or simple as you continue to insist it is. Commissioner Kasowski

and and just to follow up on that because um I think what what we're talking about here and I think there's going to be an important thing to discuss at the end of my comment here is that when we get the regulation done through the zoning then all that will do is it will mean on April 15th of 2027 right no one will be able to get a new license. The only tool we have in our toolkit right now uh to sort of get rid of existing short-term rentals is basically by revoking existing licenses through code violations. Right?

Even if the planning board came back tomorrow and said we've got it and we met immed we called a special meeting and we showed up and we said great, we're going to pass it. That still my understanding is does not grant us the authority to revoke people's rental licenses that were already issued this year. So what I do think we're going to need to revisit though is the duration of the moratorum because if the moratorum is going to end at the end of 6 months but the zoning ordinances will not kick in well I suppose if if we have the zoning ordinance in hand right then I guess that will be in effect at the end of the 6 months right? Yes.

Okay. So as long as we have this stuff squared away by the end of the six months then that will be in effect when the moratorum lifts and effectively no new licenses will be issued after the moratorium either. Yes. And then April 15th, 2027 uh we should at that or we expect at that point to have an ordinance on the books that says no short-term rentals with carveouts perhaps for uh owner occupied. That will be the end of it. You will not be able to obtain a license. There will obviously still be the possibility of unregistered rentals which we will police as strictly as we can.

Yes. And and the lists of short-term rentals, legal ones are are compiled. There's a hunch for illegal ones and those will be shut down. And I think it was said, but I think it was missed that between Thursday and today 21 ticket violations were issued. So the bad actors are going to be identified quickly and dealt with swiftly. So um and I have to say I you know we would love nothing more when I say we I'm speaking of staff and my partner. We would love nothing more than to say we get to shut down everybody right now today and do our very best to make everyone feel safe and and make sure that nothing bad happens to anybody ever again. Unfortunately, we are not allowed legally to do that and we we can't do that and we can't let the city be exposed that way. we have to do our best going forward and just like you said uh Commissioner Kazlowski that we have the moratorum the the ban on short-term rentals hopefully will occur uh before the end of that 6 months which I think it will be and then it's getting rid of what's left either the legal ones will just go away and the illegal or bad actors are going to be dealt with. We wish we could erase it all. We wish we could make nothing bad to ever happen again. We we wish that with all of our hearts, but we have to do it according to process and do it the right way as articulated by Mayor Prom.

Quick request if I may. Um because the planning board and the city commission are on slightly different cycles and I'm fairly confident that we will be making sure that we know what's going on. Could we have this as two minute update every city manager's report which happens every once every month just so that it is clearly kept in the public eye and that we do have a constant update that is effectively reported out to the public um to say where we're going cuz I think everybody would appreciate having at least some kind of a formal report. I see some nods over there. some kind of a formal report out just so you know where we're going. You're probably also going to be watching the meetings, too. But having something written down probably also helps all of us feel somewhat mentally reassured about progress. I would say

we can do that. The funding director in almost every meeting anyway. So I was just thinking that formalizes as an item in the report which is a report that we have as a formal item. So that was all I was thinking. He's talking about planning board uh progress. By the way, you can watch a planning board meeting on YouTube and speed it up to two times and get through it. I think we need a report at every meeting on the on enforcement actions and I agree. I'm fine with that as well. Okay.

Any other comments? Thank you all for coming. Thank you all for staying late. My apologies, our apologies for keeping you this long. We'll be here for another at least half hour or so. Okay, we're going to move on to commission discussion on items from a prior meeting. We don't have any commission items for future discussion. A motion is required to bring up the item for future discussion at the next reasonable agenda. No discussion will happen tonight. Commissioner host phase two, the YMCA building. Why aren't we talking about that months ago?

Is that a motion? No. Well, do you have a motion? Uh, I'd like to make a motion that we talk about phase two of the YMCA building at our next meeting. If I think the the way this works, it's uh at at the next reasonable agenda. Okay. At the next reasonable agenda. This has only been a problem for many moons. Is that part of your motion? Okay. No, that was editorializing. Okay, I'll second that. Okay, we have a motion and a second. All those in favor say I.

I. All those opposed. All those watching in TV land notice that that was a unanimous decision and wasn't split. Communications. We have communications regarding the city commission vacancy, short-term rentals, Woodward noise, and Cape Seal on North Lawn. I believe there's a gentleman here who would like to discuss his communication. I know you've been waiting a long time. I know I told you it was water under the bridge, but come on up.

Hi, good evening. I'm uh Nick Herdzik from 1076 North Lawn Boulevard. Uh last week I submitted a presentation requesting a reconsideration of North Lawn's Cape Hill settlement. Uh I realize at this time this meeting is not the forum to speak about that presentation in detail. However, I still want to um briefly address this to the commission uh today. Uh as I mentioned, I came today on behalf of North Lawn residents to request reconsideration of the Cape Seal assessment. However, um I received an email last night from Mayor Baller that my ship had sailed at the commission level and that I could uh consider appealing to the Michigan tax tribunal if I wanted to pursue this further. Um so we will be pursuing that path, but I still wanted to address the commission directly. Um at a high level, my concern is consistency. The same criteria used to grant Oak Avenue a 50/50 assessment, such as traffic volume and major street classification, have not been applied consistently to North. North meets and in some cases exceeds those same conditions. It carries significant non-resident and diverted traffic and clearly functions as a collector roadway yet remains assessed to 85%. That inconsistency is difficult for residents to understand and accept and it would be helpful to understand how those criteria are being applied in this case. There are also unresolved questions around classification. Uh while North Lawn is labeled unimproved, evidence shows substantial asphalt and prior construction explanations offered by city engineering such as attributing thick asphalt only to utility work or citing deterioration at the edges of the roads uh do not fully account for what we're seeing. and instead rely on simplified assumptions rather than a comprehensive evaluation. For these reasons, we'll be moving forward with an appeal through the tax tribunal. However, I would still like to ask the commission to take a forward-looking step and direct the city manager to work with engineering to

initiate a formal study of North Lawn's roadway composition and share the findings. We feel it's best to perform this study now rather than waiting for a future assessment since this issue will likely arise again in the future. I would also respectfully ask that the commission provide follow-up on this request so residents have clarity on how this will be addressed going forward. A formal evaluation would help ensure future decisions are grounded in consistent, transparent, and well- definfined criteria. Thank you for your time.

Thank you and my apologies for keeping you waiting so long. Thanks. We can discuss that offline, right, city manager? Okay. Um, commissioner reports. We have a notice notices of intention to appoint to the museum board, the ethics board, the Greenwood Cemetery Advisory Board. Commissioner comments. No commissioner comments. Advisory boards, committees, commissioners reports. Any none legislation city staff? We have a Wimbleton phase one update.

Is that printed that for us to read and not Yes. receive a report? Yep, it is. Okay. Does anybody have any questions on that? Just thank you for producing it. Okay. From engineering. Okay. Motion to adjurnn. So moved. Second. All those in favor? Hi. Hi.