Birmingham approves 2026 Cape Seal special-assessment program after heated public protest

The Birmingham City Commission on Feb. 23 declared it necessary to proceed with its 2026 Cape Seal resurfacing program after extended public comment and debate over who should pay for repairs to unimproved streets.

Engineering staff told the commission the project’s construction estimate is $397,309 and identified the streets proposed for Cape Seal treatment: North Glenhurst Drive (Oak to Pine), Lakeside (Oak to Millrace), Northlawn (Rouge River to Southfield), Oak Avenue (Greenwood to North of Woodward), and North Lawn Boulevard (Rouge River to Southfield). The city uses a long-standing policy to assess 85% of front-foot costs to adjoining property owners and pay 15% from city funds for unimproved roads; the presented unit cost was $40.83 per foot.

Residents from Oak, Northlawn and surrounding streets packed the commission chamber to protest the assessment formula, saying heavy construction traffic and frequent large trucks have accelerated pavement deterioration and that an 85/15 split is unfair for roads that serve major through-traffic. "We understand the cost share, but we feel strongly that us covering 85% of the cost, which we consider to be a main road, is really not fair," resident Noah Miller told the commission. Multiple speakers formally reserved the right to protest the assessment (required by the city attorney to preserve appeal rights).

Commissioners debated whether to deviate from the 1948-established 85/15 formula. Commissioner Kozlowski moved to declare necessity for the program with the standard 85/15 split for Northlawn, Glenhurst and Lakeside, and to apply a 50/50 frontage split for Oak Avenue — subject to recalculation and verification when the assessment roll is confirmed. City staff and the city attorney noted declaring necessity does not lock in the dollar amounts; the confirmation hearing is set for March 9, 2026, when the exact figures will be published and subject to appeal.

The motion passed on a roll-call vote: Kozlowski Yes; Host No; Long Yes; Ballard Yes; Cole Yes; Hague Yes. The commission’s decision sets the program in motion but preserves residents’ legal avenues to protest when the roll is finalized. City staff said the Cape Seal treatment has an expected life of seven to 10 years and acknowledged edges and heavy-vehicle impacts are recurring maintenance challenges.

Next steps: the city manager will prepare the special-assessment roll and the commission will hold a public hearing to confirm the assessment on March 9, 2026. Residents who wish to preserve appeal rights were instructed to state, on the record, that they "protest the special assessment" and provide their name and address for the clerk’s record.