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THE BIRMINGHAM BUZZ
-- "It's the 2016 Plan, stupid."
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Buzz # 17 -- April 24, 2002

Promoting intelligence and reason in city government. Our mission: To inform and involve all Birmingham citizens.

VISIT OUR WEBSITE at http://www.bhambuzz.org for:
-- Up-to-date news items
-- Resources such as the 2016 Plan and the proposed Tree Preservation Ordinance
-- A calendar of important city events
-- A lively and intelligent discussion group

We want to hear from you! Please send questions, suggestions and feedback to info@bhambuzz.org
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In this edition:
1) Detroit News editorial: Don't police trees
2) Editorial: Commission blows an opportunity to make nice-nice with business community
3) Editorial: Let the campaign for reason begin
4) Developers say projects keep downtown viable
5) Court tells Vinewood owner to go back to city
6) Opposition grows, but tree law moves forward
7) Woodward 'emerald necklace' strangling traffic
8) To be removed, send a request to info@bhambuzz.org
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1) Detroit News editorial: Don't police trees

April 23, 2002

A proposed ordinance in Birmingham makes it a crime for homeowners to prune or cut many popular trees without a permit. Residents who do so could be fined thousands of dollars.

The measure lets city hall in the Oakland County community decide how much sunshine a homeowner should have on his or her lot. It is an unwarranted intrusion into property rights, especially since the supposed benefits are fuzzy and minimal.

The 19-page proposal is on its way to city commissioners, who should give it a quick death.

The ordinance lists 47 protected or "landmark" trees, including oak, birch and pine. A tree becomes protected depending on type and size, including some with trunks as small as six inches in diameter. If the city and a homeowner disagree, tough luck. The homeowner can sue in Oakland Circuit Court, the ordinance says.

The basic problem is this: "Desirable" and "undesirable" foliage are in the eye of the beholder. Shade is a matter of personal taste. Some like it. Some don't.

Law and common sense solve the problem this way: The person who owns a lot decides the landscaping. It's an integral part of home ownership.

Those who back the ordinance say they want to create or sustain an arboreal ambiance. The ordinance uses the phrase "urban forest," which is at best an oxymoron. To the extent ambiance is important, it is not enough reason to usurp control of private property. Plus, this fact is obvious: Birmingham's current ambiance grew over many decades without burdening residents with silly tree-trimming permits.

As homeowners know, a tree is at once an asset and a nuisance. Trees drop leaves and, in cities, create an annual autumn mess. Trees block out sunshine, which helps keep mildew and mold around homes in check. Trees attract birds, which bring droppings and disease including West Nile Virus. Trees also hamper collecting and using solar energy, an environmentally friendly pursuit. And some trees are just ugly or ill placed.

In short, trees are a matter of personal taste. Birmingham has a long tradition of letting residents decide for themselves if they have enough sunshine beaming into their homes or not.

It's a good rule. Birmingham commissioners should keep it.


2) Editorial: Commission blows an opportunity to make nice-nice with business community

April 23, 2002

"April 22, 2002
"7-9 p.m.
"Baldwin Public Library
"Rotary Room

"On January 22, 2002, the Birmingham City Commission met with business and retail community members for an open dialogue to discuss concerns and ideas about the retail environment in the city. The commission would like to invite you to participate in a follow-up meeting to address some of the questions and thoughts of the commercial district as well as the neighborhoods which were expressed at that meeting.

"We are sending this invitation to all businesses and merchants as we did for the previous meeting, however, please feel free to pass this along to anyone who may have been unintentionally missed with this mailing.

"Thank you.
"The Birmingham City Commission."

So read the invitation. Unfortunately, the party Monday night failed to live up to its billing, and the Commission blew a perfectly good opportunity to make nice-nice with the business community.

About 50 merchants and other interested citizens showed up in the stinky basement of the library Monday night. The locker-room odor was an omen.

Mayor Dianne McKeon opened with an admonition that the meeting would last precisely two hours, since the library closes at 9 p.m., and no provision was made for staying late. Unfortunately, neither the mayor, nor any of the other Commissioners, had the good sense to act like gratious hosts and keep the party moving.

One hour and 50 minutes later, after droning presentations about parking (what else?), a survey of shoppers by the Principal Shopping District, and permits for outdoor cafes and signs, the floor was finally opened "to address some of the questions and thoughts of the commercial district."

So the business community was allotted 10 minutes. Actually, after pleas to be heard from the dwindled mass, a compromise was reached, and the merchants and other business folks got an extra 20 minutes. The mayor apologized. The merchants were insulted.

Their questions and comments, for the most part, fell on deaf ears. Direct questions of the Commission were met with little or no response.

Kelli Lewton, owner of Aunt Olive's Good Food 2 Go, for example, pleaded with the Commission for help with her request to place three tables on the sidewalk outside her popular take-out joint on N. Old Woodward. She had visited City Hall and was told she'd need to complete a series of forms, supply 15 copies of a site plan drawn to scale, along with photographs of the furniture she planned to place outside her establishment. Then she'd have to wait for site plan approval from the Planning Board, which is notoriously backed up and wouldn't be able to review her request until its July meeting, halfway into the warm-weather season for outdoor cafes. Lewton begged for relief.

The Commission was all but mute.

Longtime downtown clothier Mark Keller repeated a series of suggestions, including that the city appoint an ombudsman to help expedite things for businesses at City Hall. The only response to the suggestion for an ombudsman, later in the evening, was from Commissioner Gordon Thorsby, who contended that John Heiney, executive director of the PSD, should handle that. The snickers were audible.

Clinton Baller, editor of the Buzz, told the Commission it was missing the forest for the trees in discussing the minutia of parking and permits. "The single most important answer of all [to improving the retail climate in town] has already been given. It's the 2016 Plan," he said. He asked the Commission to explain its decisions that have effectively halted private development according to the plan.

The merchants applauded, but not one commissioner responded.

Either the Commission is sincere about working with the business community, and just dumb about how to do it.

Or it is insincere, and not very smart about trying to look like it cares.

Either way isn't much good.


3) Editorial: Let the campaign for reason begin

April 22, 2002

In a little more than 18 months, Birmingham voters will go the polls.

Four City Commissioners will be elected -- a majority of the seven-member board.

More than any other election in recent history, this one will be a referendum on the future of our city.

Many have said that the elections of 1999 and 2001 were similar referendums, and that the results of those elections indicated strong opposition to further development in town.

But those analyses are as simplistic and wrong as the victorious commissioners who have declared a mandate to stop development. Times are changing. The silent and uninformed majority is waking, and taking a lesson.

To understand the current situation, go back 1995.

The last great divisive issue in our city's history -- the fight over the Baldwin House subsidized housing project -- was little more than a memory. The economy was booming, and City Commission races were more about popularity and trust than any particular issue.

Our Commission and boards were populated by good people with relevant experience and vision. They could have coasted through the boom times as mere custodians. But they didn't. They did something special.

Seeing an opportunity to make a good city even better, they hired world-renowned city planner Andres Duany to help guide us into the 21st Century.

In a process that was extraordinarily inclusive, they developed a plan for our downtown that naturally called for change.

Noting an imbalance in the three primary uses of space, they encouraged the development of more retail and residential space to offset the abundance of office space that already existed.

Noting the riches of under-developed open public spaces, they urged improvements to Shain Park, Booth Park and the Rouge River parkway.

Noting numerous opportunities to make our town, which aspires to be "walkable," more pedestrian friendly, they suggested improvements to our streets and thoroughfares.

Noting the relationship between building heights and street widths, they suggested -- in an attempt to create more desirable urban spaces -- that many of our one- to two-story buildings be replaced by three- to five-story buildings.

The 2016 Plan was masterful. Elected, appointed and hired city officials participated in its development, along with a team of professional planners and, most notably, a huge number of residents. Virtually anyone who wanted to participate did so.

The result was a plan that was widely supported and adopted by the city.

Birmingham's best and brightest -- some of the best and brightest business people, developers and architects in the nation -- leapt at the opportunity to implement the plan. Millions of dollars were committed. The Townsend Hotel was expanded. The Palladium Theatre replaced a rundown, vacant department store. The magnificent Willits condominium was planned for the site of a little-used surface parking lot.

The changes wrought by the plan -- the beginnings of a build-out that could take the better part of a decade -- while supported by so many during the planning process, were stark.

They triggered a movement by a small number of political activists who either had not participated in the planning process, or who disagreed with its recommendations. They were organized and focused.

They targeted a population of likely voters. They capitalized on fears of change, on the stark appearance of the new developments, and on widespread ignorance of the details of the plan and the extraordinary pool of local talent involved in its implementation. And they used hyperbole and innuendo as their primary tools to get their candidates elected.

Meanwhile, a citizenry that for almost 20 years has trusted its leaders -- and often didn't bother to vote -- sat complacent and largely uninformed. Those implementing the plan were so focused on the tasks at hand, they made little effort to inform residents about it and the changes to expect.

The rest, as they say, is history. Two elections and 30 months later, our city government has been largely gutted of its experienced, professional, thoughtful and articulate members, and replaced with ideologues.

The 2016 Plan is, for the time being, history.

By the time of the next election, however, things will be different. We have created a Buzz, and with your help now, it will spread.

Residents need to be informed about good urban design, about the 2016 Plan, and about what a great city we'd have if we just followed through on it. Reading the Buzz and participating in our discussion group and community forums isn't enough. You must open the eyes of your friends and neighbors who don't read the Buzz, and don't participate.

The election is 18 months away, but the time is now to begin the campaign. Your friends and neighbors must be informed, and they must commit to voting in the next election. If they do, reason and good judgment will be restored to our town.

4) Developers say projects keep downtown viable

April 21, 2002

From the Oakland Press

It's one of Detroit's oldest suburbs, an upscale community with a quaint downtown first developed a century ago.

But take a stroll through downtown Birmingham and it's apparent the business district is a work in progress. Redevelopment efforts -- many with a residential component -- are under way in nearly every part of the downtown.

"I think it's basically very simple," said builder Paul Robertson, whose $70 million Willits condominum/retail project is part of the city's recent development wave. "There are a number of people who like living in an urban environment. There are no other really good downtowns in southeastern Michigan."

The residential/commercial mix is being encouraged by the city's "2016" master plan. Those developments also are being driven by the "back-to-downtowns" movement that has swept the nation in recent years.

"People like to live in downtown Chicago," said builder John Shekerjian. "In the metropolitan Detroit area, Birmingham is what you've got. It's still a place where people want to be. It has nice bars and nice restaurants. If you want to be able to have all those amenities within walking distance of you, there's not a lot of places."

To help meet the demand, Shekerjian, president and chief executive officer of Birmingham-based John Richards Homes, is putting up 250 Martin on Shain Park at Bates and Martin streets. Being built on site of a now-demolished office building, the six-story structure will offer eight homes ranging from 3,800 square feet to 5,600 square feet selling for $1.7 million to $3 million.

"The elevator actually opens up right into their homes," Shekerjian said. The 40,000-square-foot condo development, with a stone exterior, will offer a two-story penthouse, roof gardens and underground parking.

Three homes have sold so far. The building, which will have retail space on the first floor, is scheduled to be ready for occupancy in first-quarter 2003.

Robertson, president of Bloomfield Hills-based Robertson Bros. Co., has seen substantial interest in the 325,000-square-foot, five-story Willits. Although a sales model is just being completed, 18 of the 58 condominiums at Bates and Willits streets have been sold in a year and a half.

"I expect to be sold out by the end of the year," said Robertson, whose luxury homes range from 1,600 square feet to 4,200 square feet and sell for $600,000 to $3 million.

The condo project is being build on the site of a former parking lot. The Willits will include 25,000 square feet of street-level retail, including a spa and restaurant, being created by Jim Weiner.

Weiner, president of Related Retail Corp. of Birmingham, is the force behind the $40 million Palladium project -- the city's most significant retail redevelopment in recent years. Created on the site of a former Crowley's department store, the retail/entertainment complex at North Old Woodward Avenue and Hamilton Street already includes the 12-screen Uptown Palladium movie theater and the Buca di Beppo Italian restaurant.

A Tower Records store will open in May, and two other restaurants also will be part of the mix.

"It's my feeling the Palladium ... is going to draw a lot more retail to downtown Birmingham," Robertson said. "I think the north side of Birmingham is going to be energized by the traffic in and out of the Palladium."

Birmingham supporters, concerned about vacant storefronts around town, welcome that foot traffic. Predictions that the 1996 opening of Somerset Collection-North in neighboring Troy would devastate downtown Birmingham may have been overblown, but tenant turnover has occurred.

"There's a lot more empty stores than there were before," Robertson said. "What's missing downtown is a really viable department store. "Assuming (Jacobson's comes) out of bankruptcy, I think the Birmingham city fathers ought to do whatever they can to save Jake's and find them a new spot."

Future phases of the Palladium project had proposed relocation of Jacobson's and redevelopment of its current site.

Despite perceptions about vacancies downtown, the occupancy rate for commercial space overall is at 96 percent, said John Heiney, executive director of the Downtown Birmingham Principal Shopping District. The 1 million square feet of space in the district, bounded by Oak, Lincoln, Southfield and Adams, was at 94 percent occupancy when the group was formed a decade ago.

"From walking around, you see vacant storefronts," Heiney said. "That's a common thing in all downtowns. I've never seen (occupancy downtown) above 97 percent."

While 38 or 39 retailers left last year, 40 arrived, Heiney said. The downtown now has 24 vacant spaces.

Cargo Hold, a home accessories store with a Maple Road location for 25 years, was among the recent departures. It was immediately replaced by Habitat Gallery.

"I think it's always good for downtowns to have established, long-term tenants," Heiney said of the turnover. "We also understand the cycle of retail in downtowns."

Rents still are among the highest in Oakland County. Retail rent is in the $20-to-$35-a-square-foot range, while office space is going for $25-to-$30 a square foot.

To make downtown Birmingham more attractive to retailers and pedestrians, the city is looking at ways to slow automobile traffic on downtown streets. Narrowing the city's Ring Road and adding parking spaces downtown are options being considered.

Meanwhile, developers are pursuing their downtown projects. Among them:

* 400 Hamilton Street, a 32,000-square-foot building now being leased at Hamilton and Park streets. The development, by Southfield-based Etkin Equities LLC, will have retail on the first floor, office space on the second and residential space on the third floor;

* Eton Street Station, a 185-home, residential/retail/office project east of Eton Street and south of Maple to be developed by Novi-based Crosswinds Communities. The project, where homes will range from 1,355 square feet to 2,221 square feet and sell for $250,000 to $300,000, is on the former Erb Lumber headquarters site;

* An unnamed, 12,000-square-foot shopping center by Southfield-based First Commercial Realty & Development Co. The $2 million center on Maple east of Woodward is being built on the site of a former Kroger store.

The current wave of development in Birmingham isn't just good for the city's downtown -- it's essential for its survival, said Ted Fuller, owner of Birmingham's Central Park Properties.

Central Park is converting the closed, 18,000-square-foot Alvin's Bridal Salon store on Pierce and Merrill streets into retail, office and apartment space. The company also plans to add 30,000 square feet of retail and office space to the 100,000-square-foot Briggs Building at Woodward and Maple by adding a floor and expanding into an adjacent parking lot.

"An older community like Birmingham has to have new development all the time," Fuller said. "A lot of these buildings have worn out. If you want to continue to keep your property values up, you have to replace them. You just can't allow your city to deteriorate."

5) Court tells Vinewood owner to go back to city

April 21, 2002

From the Birmingham Eccentric

A legal case that could have cost Birmingham taxpayers more than $1 million was tossed out of court Thursday by Oakland County Circuit Judge John McDonald.

"It's not a home run but it's an extra-base hit," said John Staran, the attorney handling the case for the city.

The case, Susan R. Bruley Trust vs. Birmingham, involved the historic designation of a house at 543 Vinewood.

The owners of the house were against the historic designation and had planned to tear it down and replace it. Last year, city officials were advised to pay $500,000 in damages by a panel of Oakland County Circuit Court moderators, but the city decided to take its chances in court, though Staran said a possible judgment against the city could exceed $1 million.

Though the decision proved prudent, Staran said the judge didn't rule on the merits of the case so it could be back in court within a year.

Timothy Stoepker, the trust's attorney, said it would be sooner than that.

"We are disappointed in the decision, but if the city thinks we are going away it has another thing coming," he said. "We are going to push this as hard as possible."

In its legal brief, the city contended that the trust should have applied for building and demolition permits even though the property was designated a historic district. Under city rules, the building department would have denied the applications, but sent the matter to the city's Historic District and Design Review Commission. The HDDRC would then have reviewed the applications and decided whether the house could be torn down. If the historic commission denied the permit, the trust could have then appealed to the State Historic Preservation Review Board. In this case, however, the trust decided to pursue the matter in court.

McDonald's ruling basically told the trust to go back and exhaust all possible remedies before coming back to court. Stoepker said one section of the ruling would allow the trust to build a Bigfoot home on the site, when and if it gets permission to demolish the current home. The section reads as follows:

"The assertion that plaintiff (Bruley) must seek a zoning variance can also be dispatched because no variance is required since plans were submitted before the effective date of the lot coverage ordinance."

Birmingham City Manager Tom Markus has said the city's insurance policy wouldn't cover a legal judgment against the city if the courts ruled the historic designation was an illegal taking of the property. A taking is when a municipality illegally seizes control of private property.

McDonald didn't address that matter in his ruling.

The city recently blocked the trust from removing trees from the site, saying the matter would have to be reviewed by the HDDRC as well.

Stoepker said that move is yet another example of the city trying to regulate everything involving the house at 543 Vinewood.


6) Opposition grows, but tree law moves forward

April 21, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Despite a groundswell of sentiment against it, a controversial tree ordinance was approved by the Birmingham Parks and Recreation Board Tuesday. The unanimous vote sent the issue to the Birmingham City Commission, which is expected to review the language then set a public hearing for a date in May.

"The board wanted the commission to have the opportunity to review the ordinance and hear additional comments from residents," said parks board member Ann McBride.

Some 30 residents showed up Tuesday to see a presentation on the ordinance, and the overwhelming majority indicated they were against it.

When the same presentation was made before the planning board on April 10, only one resident voiced opposition to the city regulating trees on private property. But in less than a week word had spread that residents would have to pay the city as much as $5,000 to cut down a tree in their own backyard if the ordinance is adopted.

It was precisely the prospect of lost liberty that concerned Birmingham resident Indulis Liepins, who attended the meeting Tuesday. Liepins is a Latvian immigrant who left his homeland after years of oppression.

"We were in Communist control under Russia, and Birmingham is leading in that direction," he said, in a telephone interview. "Slowly, they are taking away our freedoms. People in Birmingham want to protect trees, but the city shouldn't infringe on private property."

At 19 pages long, the proposed tree preservation measure would give the city the power to control most trees in the city with a permit and inspection process for tree removal and pruning on public and private land. A resident who illegally chops down a "landmark" tree would have to pay as much as $5,000 to replace it and face a $100 civil fine.

Under the proposed language, protected trees would include those that are greater than six inches in diameter, with the exception of nine undesirable species, including silver maple and willow, that may be chopped down without a permit. Special protections for 46 "landmark" species including ash, elm and birch are also included, and the proposed ordinance goes to great lengths to preserve them. Landmark trees must also meet a diameter requirement to become protected. The requirement ranges from eight inches for a redbud to 24 inches for a spruce.

Anyone who removes a protected or landmark tree would have to pay the replacement costs for the tree. One city expert estimated that one in three residential lots contain at least one landmark tree. Another expert said replacing a landmark tree in good condition would cost $3,300. If the tree were in excellent condition, the cost would be double that, or $6,600, under the city's proposed formula for replacing trees. Residents would be responsible for tree removal costs, tree replacement costs and any amount the city spends on inspections and surveys.

Residents would be able to remove diseased or dangerous trees and would also have a right to cut down up to two trees or 10 percent of the trees on a given lot per year as long as those trees aren't of the landmark variety. The city commission is expected to decide whether residents would have to pay replacement costs for chopping down their annual allotment of trees.

Birmingham resident Robert Lamotte said he has mixed feelings about the ordinance.

"Trees are wonderful, they clean the air and help the environment," he said. "But should it be my right to do what I wish with my trees or it is the city commission's right to dictate what I can do?"


7) Woodward 'emerald necklace' strangling traffic

April 21, 2002

From the Birmingham Eccentric

By Larry Ruehlen

The construction barrels are back on Woodward, snarling traffic at the intersection of Woodward and Maple.

The mess is being caused by the beginning of a project to transform the medians on Woodward into an "emerald necklace" of landscaping that will please pedestrians and motorists.

"This project will highlight Birmingham's unique downtown location on Woodward and make it more safe and accessible for pedestrians and visitors," said Birmingham Mayor Dianne McKeon.

On Wednesday McKeon and officials from Oakland County, the Michigan Department of Transportation and the Woodward Avenue Action Association participated in a ground-breaking ceremony but workers actually began ripping out sections of road Monday.

Paul O'Meara, city engineer, said the turnarounds immediately north and south of Woodward will be relocated 25 feet farther from Maple to provide a larger buffer zone for pedestrians. When that part of the work is done, new landscaping will be installed.

The one-quarter mile project area extends between Brown Street from the south to Oakland Avenue from the north. It will include an extensive, irrigated streetscape of trees, perennials, flower beds and shrubs in addition to sidewalk and pedestrian crossing improvements. The project is expected to cost $525,000 and will be completed by late summer.

Funding included an $80,000 federal grant and contributions from the WA3, the Birmingham Principal Shopping District, National City Bank, Blossoms, The Kroger Co. and other Woodward businesses.

The city has tentative plans to extend the improvements north to Big Beaver Road in 2003 and south to 14 Mile in 2004. Turn-arounds in the last two phases won't be relocated, said O'Meara, so future improvements won't take as long or be as costly.


8) To be removed, send a request to info@bhambuzz.org
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------------------------------------------------------------
THE BIRMINGHAM BUZZ
-- "It's the 2016 Plan, stupid."
-------------------------------------------------------------

Buzz # 16 -- April 19, 2002

Promoting intelligence and reason in city government. Our mission: To inform and involve all Birmingham citizens.

VISIT OUR WEBSITE at http://www.bhambuzz.org for:
-- Up-to-date news items
-- Resources such as the 2016 Plan and the proposed Tree Preservation Ordinance
-- A calendar of important city events
-- A lively and intelligent discussion group

We want to hear from you! Please send questions, suggestions and feedback to info@bhambuzz.org
{{PERIOD}}
In this edition:
1) City must overcome fear of bad development to unlock potential for good, Buzz forum is told
2) Editorial: Protect trees, yes; but proposed law intrudes too far on private property rights
3) Kroger site stop-work order lifted -- a little
4) Forum to gauge city's retail business climate
5) Letter to Commission: Do more on sewers
6) Letter to Commission: 'I am appalled'
7) Commission denies tree-removal permit
8) Proposed Tree Preservation Ordinance posted
9) To be removed, send a request to info@bhambuzz.org


1) City must overcome fear of bad development to unlock potential for good, Buzz forum is told

April 19, 2002

Downtown Birmingham can become one of the most desirable urban environments in the nation if city leaders simply follow the 2016 Plan and stop succumbing to a fear of change, participants in the Birmingham Buzz Community Forum on downtown development were told Thursday night.

Recent changes to the primary law that guides development according to the 2016 Plan -- the so-called "overlay" ordinance -- lacked any reasonable basis in planning and design theory, and were made simply to stop development, a panel of experts in downtown development agreed.

Fears of change for the worse in Birmingham are inhibiting change for the better, former City Commissioner Chuck Moss told a group of about 50 participants.
The consensus among participants: Fears of bad development must be offset by education of Birmingham residents about the potential of good development, and city officials who fail to manage development responsibly should be replaced in the next election.

Birmingham is home to many esteemed architects, planners, designers and developers who are good citizens and want the best for their hometown, Buzz Editor Clinton Baller told the group. The city should be taking advantage of this resource, not shunning it, Baller said.

Participants in the forum included:

* Presenter Mark Nickita, widely traveled architect and planner, and former chairman of the Birmingham Planning Board.
* Panelist JC Cataldo, builder and former Planning Board member who sat on the Downtown Planning Advisory Committee (DPAC), which led the 2016 planning process.
* Panelist Victor Saroki, Birmingham architect and designer of the Birmingham Theatre, the Townsend Hotel addition, the Willits condominium, the Hyman & Lippett offices and other downtown buildings.
* Panelist Ted Fuller, downtown property owner and developer.
* Panelist Bruce Thal, Planning Board member and downtown property owner.
* Panelist Karen Daskas, downtown merchant and property owner.
* Panelist Lanie Hardy Cosgrove, real estate agent.

The overlay ordinance was designed during the 2016 planning process to encourage mixed use of downtown buildings, with retail, office and residential components. The residential component was important because planners perceived an over-abundance of office space in downtown Birmingham, Nickita told the forum.

But recent changes to the overlay ordinance have made it impossible to develop marketable buildings downtown, Fuller and Saroki agreed. Ironically, the lack of a workable overlay ordinance has forced developers to work under the less desirable "underlay" ordinance, or the ordinance that existed before the 2016 Plan.

The new rules primarily deal with building height, which translates to ceiling height. Modern retailers demand tall ceilings, and the new rules don't allow them, the panelists said. Retail vacancies in older downtown buildings such as those on the north side of Maple between Old Woodward and Woodward may remain for years, Fuller said, while more desirable spaces just across the street are quickly filled when available.

These older buildings, many of which are only one or two stories, should be replaced with mixed-use buildings of three and four stories, panelists agreed. Fuller, who is currently renovating the former Alvin's buiding on Pierce Street, told the group he decided to make that building only three stories, even though he could have gone higher, because the three-story height is most appropriate to the existing buildings on the street. He defended himself against suggestions that he and other developers do not repect history and existing buildings downtown, or that they try to maximize the profitability of every development. "I'm a good corporate citizen," he said.

Nickita's presentation focused on some of the most desirable streets in the world, with photos and descriptions of streets in Alexandria, Va.; Toronto; Paris and Lille, France; Copenhagen and London, among other cities.

Streets and the buildings that line them create exterior spaces, or "rooms," he said. One of the most important aspects of good street design is the ratio between the width of the street (measured from building face to building face) and the height of the buildings. Quoting Andres Duany, the author of Birmingham's 2016 Plan, he said the most desirable ratio is 1:1. "If you build these kinds of spaces, people will want to be in them," he said.

Consideration of changes to the 2016 Plan should be given the same amount of careful and professional deliberation and public input as was given to the plan in the first place, many participants agreed.

Recent changes to allowable building height were made with little careful or professional consideration, and little public input. The City Commission has systematically replaced professional architects, builders and planners with amateurs whose main agenda appears to halt development by any means available, some participants contended.

Birmingham resident Karen Linnell said the forum had enlightened her about good development, and developers such as Fuller. She suggested the forum be presented to neighborhood and other groups, and videotaped and televised.

Numerous city officials, including Mayor Dianne McKeon, Planning Board Chairman Gary Kulak, City Manager Tom Markus, Community Development Director Patricia McCollough and others declined invitations to participate in the forum.

Baller said Nickita's presentation and the panel discussion is available to interested neighborhood and community groups. For more information, send an email to info@bhambuzz.org, or call (248)354-1111 ext. 101.


2) Editorial: Protect trees, yes; but proposed law intrudes too far on private property rights

April 18, 2002

From the Birmingham Eccentric

All of Oakland County can look at Birmingham and shudder.

This city Planning Board, for reasons that may have more to do with strangling development than preserving the community's character, has approved a new tree ordinance that is not much less than outrageous. In essence it steps right into the homeowners' front and back yards to dictate where and when and why trees can be removed and even trimmed.

It has language so broad that, in strict interpretation, it could prevent homeowners from placing gravel or patio blocks on their property, if they are deemed to inhibit the free flow of water and nutrients to the tree roots.

This blatant intrusion onto private property has slipped through the city Planning Board with barely a dissenting voice, although there surely will be howls when and if the City Commission passes the ordinance and tries to enforce some of its more draconian provisions -- such as pruning a tree without a homeowner's consent and billing the homeowner for the "service."

Many communities around Oakland County, and indeed, the nation, are adopting tree ordinances and related wetland and woodland laws. The intent in most cases is commendable. Developing communities are seeing trees as a valuable natural resource that can greatly enhance property values. The towns are working to preserve their character and appearance.

In the past it was fairly common for developers to come onto a site and uproot every tree that stood in the way of a proposed building. Subdivisions of the 1950s and 1960s frequently presented surreal landscapes of gleaming white identical houses surrounded by four-foot-tall saplings.

Gradually we have come to learn that paving over woodlands is not a good idea, and mature trees ideally complement a neighborhood, giving it a comfortable, natural feel. That's one reason why cluster developments, which have common grounds and natural stands of trees, are becoming popular even though they are not as profitable as traditional developments, which use every inch of allowable space.

Many communities, such as Troy, already have tree ordinances -- reasonable ones that enhance the community. But other towns are wrestling with developing ordinances. They would do well not to follow Birmingham's model. Instead, they should incorporate realistic measures to protect the existing trees and ensure that the nature of the community will be preserved.

That isn't a difficult thing to do. Many of the communities which have successfully implemented tree or woodland laws make them available on the Internet along with key points that make for a successful ordinance.

Even communities with ordinances would do well to review what other towns have done. Communities change as time passes, and what is applicable now may not be in 10 or 20 years or so. The key is to be progressive, reasonable and adaptable.

Eventually, if Birmingham adopts the restrictive ordinance, it is going to bite the city if it is foolish enough to enforce it strictly. If it does, it can expect some interesting lawsuits.

Other communities should follow what Birmingham is doing -- but at a distance and only to see what pitfalls they need to avoid.


3) Kroger site stop-work order lifted -- a little

April 18, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Jack Leone is still in limbo waiting for a stop-work order to be lifted at the Kroger's construction site at 685 E. Maple.

"We've been told there are items that can be administratively approved but we've also been told we'll have to go before the planning board," said Leone. "It's all very complicated."

Leone is one of several tenants at the Kroger site and intended to open a gourmet take-out restaurant -- Cucina Leone -- last July. The project was already months behind schedule when building officials stopped all work in March for failure to follow approved blueprints.

At the time, Leone said he was "running out of time" and feared his restaurant would fail before it ever opened. But a compromise with the city and the Birmingham Planning Board will allow work on the inside of the building to start anew.

Birmingham City Manager Tom Markus said Tuesday that construction on the inside of the building will be allowed to continue with the provision that the developers come before the planning board for a special 7:30 p.m., Wednesday, May 15, meeting to explain changes to the site plan.

"If the planning board asks them to reverse work they have done on the inside, that's what they will have to do," said Markus. "They will have to assume that risk."
Leone's troubles began with a Feb. 10 building inspection that revealed discrepancies between the blueprints that were approved by the Birmingham Planning Board and what was actually being built.

A city review turned up differences including six fewer parking spaces, a 4-foot reduction in the height of the building and different locations for doors and walls. Such changes aren't necessarily against city codes, but they do have to be approved by city staff or the planning board. However, the board customarily meets once a month to review site plans and there is at minimum a three-month waiting list to get on an agenda.

To make matters worse, Markus put a stop to all city staff approvals when a high-profile case -- The Willits condominium project -- was granted several administrative approvals that were criticized by planning board members and city commissioners.

Gary Kulak, chairman of the planning board, said the stoppage of administrative approvals was troubling so he scheduled the special meeting. The developer is Southfield-based First Commercial Realty & Development. Peter Gikas, an official with First Commercial, said previously that the situation was the result of "administrative issues" that the company would work to resolve.

Leone said he has already sunk $75,000 into the restaurant and will have to get assurances from First Commercial before committing to continue.
Markus said staff approvals won't resume until the review of the Willits case is over -- a process that is expected to conclude in May.


4) Forum to gauge city's retail business climate

April 18, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Merchants who want to know if the city is making it easier to do business in Birmingham are invited to attend a 7 p.m., Monday, April 22, forum at the Baldwin Public Library's Rotary Room. The library is located at 300 W. Merrill.

In January, the Birmingham City Commission held an open forum for merchants to raise concerns about the pitfalls of conducting business in the city. Some 50 merchants attended the first meeting and many issues were raised including parking, marketing, tenant recruitment, the city's sign ordinance and the approval process for outdoor dining permits.

City officials have been asked to give presentations on those issues, and merchants from the city's Principal Shopping District are looking forward to seeing what was done to address their concerns.

"One thing the last meeting did was improve the dialogue between the commission and the businesses," said John Heiney, PSD director. "The merchants really feel this is a step forward, that the city is giving them a chance to be heard."

One topic of discussion will be the possibility of having more promotional events that involve free parking in an attempt to lure more shoppers downtown. Some merchants were concerned that signs in the city's parking garages weren't marked and motorists had a hard time navigating in and out of them.

Other merchants said the permit process for getting a new sign was too expensive and time-consuming, and often ended up proving more costly than the sign itself. Officials from the city's Community Development Department are scheduled to give an overview of the signage issue as well as the streamlined process for adding outdoor dining to downtown eateries.

Heiney will talk about the difficulties of attracting the right mix of retailers to Birmingham and his department's effort to conduct a comprehensive marketing study to identify the needs of Birmingham's core shoppers.


5) Letter to Commission: Do more on sewers

March 18, 2002

Dear Mayor McKeon:

As you may be aware, at the request of the Presidents Council, I participated in drafting the proposed agenda for the Sewer Roundtable forum. Based on this involvement, my participation in the February 21st forum, and my concern about sewer infrastructure issues, I thought it appropriate to provide my feedback to the City Commission and the Presidents Council in order to begin the process of addressing the issues discussed.

I would first like to commend the city staff for preparing an informative presentation. The presentation and ensuing discussion provided a better understanding of what a difficult job it is to balance and manage the competing public service objectives. It was apparent that city staff is working hard to maintain our city's aging infrastructure.

However, I believe that city Public Services needs to go further to provide best-in-class community services to Birmingham residnets. Knowing that staff is on the job to take care of these difficult issues as they occur is comforting, but not enough. The community as a whole needs to understand the long-term infrastructure issues affecting it and the improvements required for dealing with them. This means not only having a comprehensive plan to manage the issues, but also providing information to residents on a regular basis. Residents should not be left in the dark when the status of an issue changes or a new one arises (as occurred on the Acacia Park Relief/Beverly Hills issue in 1999).

Expanding on these points, below is a list of issues raised at the roundtable together with my thoughts as to how they can be addressed:

1. A citywide survey is needed to request information on backyard, basement and street flooding; sewer lateral collapses, and any street or sidewalk paving issues. Areas of major concern could then be updated on the "measles map" and highlighted. This information, if updated on a regular (potentially bi-annual) basis, could then be used to track long-term system performance and develop city infrastructure plans.

2. As discussed at the roundtable, it would be beneficial to conduct a sewer capacity study to determine the current capacity of Birmingham sewers, project future requirements and develop long-range plans to meet these requirements.

3. Since there was not enough time at the roundtable to cover the status of the state grant backflow program, this information should be provided to the Commission and residents as soon as possible.

4. Collapsing of sewer laterals in the community is a significant issue that has been attributed to the use of inferior "orangeburg" material by the city at the lateral/main sewer junctions when some of Birmingham's neighborhoods were developed. This issue needs to be recognized and addressed by the city on a more formal basis with city assistance to facilitate repair and mitigate lateral replacement costs whenever feasible. (An example of this might be to allow homeowners to replace their lateral connections at reduced expense using city contractors when streets are torn up for repaving or sewer main work.)

5. In view of [City Engineer] Dennis Dembiec's comments that increasing home footprints reduces rain runoff absorption area and can cause excessive runoff problems on and between neighboring lots, the city needs to take the initiative to develop information resources and policies for use in making property development decisions. For example, if a homeowner wants to expand the footprint size of his or her house, what impact will this have on water runoff into the sewer system. as well as backyard and neighboring property? If the impact is deemed excessive by some set of standards (which would need to be developed so that arbitrary decisions would not place unnecesssary hardship on property owners) could alternatives be found which would allow for the expansion of the house without causing undue impact on other property?

Potential alternative that might be explored could include French drains, lot regrading, landscaping, and use of a gravel (or other permeable material) driveway instead of cement to aid in runoff absorption.

As an added service to the community, information on landscaping and how it fits in with and affects the local environment could be provided to homeowners and contractors through the Community Development office and on the city website.

6. A yearly report could be added to the Birmingham Quarterly in order to update residents on the status and plans of all infrastructure issues including sewers. A report such as this would provide residents with a comprehensive overview of infrastructure issues affecting the city and neighborhoods so that they are kept aware of the issues affecting their property on a regular basis.

7. Information on the Detroit water and sewer rate incrase, how it affects residents and what action is being taken by the city to insure the appropriateness of the rate changes should be provided to residents.

8. In view of clogged drains occurring as a result of improper waste disposal (i.e., diapers) the city should regularly inform residents of materials that are inappropriate to dispose of through the sewers.

In order to advance these issues, I would like to propose that a special or dedicated City Commission meeting be held in order to discuss them and develop a specific set of proposals, which could then be enacted by the Commission in an appropriate timeframe.

Sincerely,

David Bloom
Birmingham


6) Letter to Commission: 'I am appalled'

April 5, 2002

Dear Commissioner McKeon,

I am appalled and embarrassed by the actions of my City Commission and Planning Board. Your city employees are afraid to do anything because the Commission will say that it has to be voted on by the Commission and/or Board. We need a vibrant city and that includes condos and businesses in the downtown. Few are going to want to build in Birmingham. My property values have inclreased since the developments downtown.

I support the current building downtown but do not support big foot houses and recently proposed large developments within the neighborhooks like Roeper's planned addition.

Not only did I vote for you but also I had your sign on my lawn. The current nitpicking of the Commission may force me to support the developers' position.

Sincerely,

Margaret Ryan
Birmingham


7) Commission denies tree-removal permit

April 16, 2002

The Birmingham City Commission Monday night refused to issue a permit for the removal of a city-owned tree in a public right-of-way. It was the first Commission decision about a tree-removal permit since it ordered the Public Services Department earlier this year to obtain its approval for all such permits.

The tree, a healthy 17-inch diameter Sugar Maple, was valued by the city's arborist at $2,250. The property owner, Luc Grapotte, of 1900 Fairview, had agreed to pay that amount for the purchase of trees to be planted elsewherein the city, plus the cost of removal. Arborist Charles Moffat told the Commission the permit would have been granted under normal circumstances.

Grapotte sought the permit to install a driveway through his yard where none now exists. His application coincided with consideration by the city of a new Tree Preservation Ordinance, which would extend city authority to trees on private property.

Commissioners Dante Lanzetta, Gordon Thorsby, Seth Chafetz and Donald Carney voted to deny the permit. Mayor Dianne McKeon and Commissioners Russell Dixon and Rackeline Hoff voted to issue the permit.

Chafetz argued that removal of the tree and installation of the driveway would increase runoff. Grapotte said after the decision he would simply route the driveway around the tree.


8) Proposed Tree Preservation Ordinance posted

April 16, 2002

The Birmingham Buzz has posted the proposed Birmingham Tree Preservation Ordinance. The 19-page ordinance is contained in a 1.33MB Adobe Acrobat file. To download it, click on the following link: http://www.bhambuzz.org/pdfs/Trees.pdf


9) To be removed, send a request to info@bhambuzz.org.


------------------------------------------------------------
THE BIRMINGHAM BUZZ
-- "It's the 2016 Plan, stupid."
-------------------------------------------------------------

Buzz # 15 -- April 16, 2002

Promoting intelligence and reason in city government. Our mission: To inform and involve all Birmingham citizens.

VISIT OUR WEBSITE at http://www.bhambuzz.org for:
-- Up-to-date news items
-- Resources such as the 2016 Plan
-- A lively and intelligent discussion group


In this edition:
1) Join Urban Reality Tour and panel discussion
2) April Quarton Lake update posted
3) Tree choppers could face $5,000 bill
4) Editorial: Resignations are a disturbing trend
5) City considers tough new tree ordinance
6) Letter to Eccentric: Defining roles
7) Today's chuckle: 'Independent' planner sought
8) Markus halts staff approval of design changes under pressure from Commission, Planning Board
9) Editorial: Kroger contruction delay is unfair
10) Plan Board rejects Big Rock banquet hall plan
11) City planner's resignation raises concerns
12) Eton development narrowly averts crisis
13) To be removed, send email to info@bhambuzz.org


1) Join Urban Reality Tour and panel discussion

Catch the buzz at the second Birmingham Buzz Community Forum, featuring a cash bar, conversation and a chance to explore the possibilities!

Join us this Thursday, April 18, at 7 p.m., at the Community House.

The Urban Reality Tour will be presented by Mark Nickita, AIA, President, Archive Design Studio-Architects+Urbanists and former chairman, Birmingham Planning Board.

A panel discussion will feature Victor Saroki, architect; Bruce Thal, member, Birmingham Planning Board; Karen Daskas, downtown business owner; Ted Fuller, downtown property owner/developer; J.C. Cataldo, builder and former member Birmingham Planning Board, DPAC; Lanie Hardy Cosgrove, downtown residential realtor. Additional panel members may be added. It will be moderated by Buzz Editor Clinton Baller.

Questions and answers will be accepted from the audience.

See you there!


2) April Quarton Lake update posted

April 16, 2002

The latest edition of the Quarton Lake Improvement Project Newsletter has been released. To view it, visit http://www.bhambuzz.org/pdfs/Quarton_News_0402.pdf{{PERIOD}}


3) Tree choppers could face $5,000 bill

April 14, 2002

From the Birmingham Eccentric

By Larry Ruehlen

A resident who illegally chops down a "landmark" tree would have to pay as much as $5,000 to replace it and face a $100 civil fine under a tree preservation ordinance that was approved Wednesday by the Birmingham Planning Board.

The ordinance will next be reviewed by the city's Parks and Recreation Board at a special meeting at 6:30 p.m., Tuesday, April 16, at the department of public services building at 851 S. Eton. If the parks board recommends approval, the ordinance will move on to the Birmingham City Commission for a public hearing that will likely take place in May.

At Wednesday's meeting much of the talk centered on the need to preserve trees and punish those who won't.

"We should make them pay double or triple for removing a landmark tree," said Birmingham resident Tom Elliott.

Gary Kulak, chairman of the planning board, said that possibility was considered, but the committee that drafted the language thought a more tolerant approach was needed. He later added language to the proposed ordinance to include civil fines to a host of punitive measures that were already included.

Only one resident spoke against the ordinance.

"So I plant a tree and nurture it along and now it's yours (the city's)," said Richard Reid. "I sure don't like the creep of the root system of this ordinance."

At some 20 pages long, the proposed tree preservation measure would give the city the power to control most trees in the city with a permit and inspection process for tree removal and pruning on public and private land. Some residents see it as a long-overdue policy to protect a precious commodity while others say the city is going too far.

"It's my private property and unless I woke up in Russia today it should still be my property," said Xico Gomez, a resident of 17 years. "What is this city thinking? Why does this city commission believe it can tell me what to do with the branches on my own tree? It's crazy. What liberty will they take next?"

Under the proposed language, protected trees would include those that are greater than six inches in diameter, with the exception of nine undesirable species, including silver maple and willow, that may be chopped down without a permit. Special protections for 46 "landmark" species including ash, elm and birch are also included, and the proposed ordinance goes to great lengths to preserve them. Landmark trees must also meet a diameter requirement to become protected. The requirement ranges from eight inches for a redbud to 24 inches for a spruce.

Anyone who removes a protected or landmark tree would have to pay the replacement costs for the tree. One city expert estimated that one in three residential lots contain at least one landmark tree. Another expert said replacing a landmark tree in good condition would cost $3,300. If the tree were in excellent condition, the cost would be double that, or $6,600, under the city's proposed formula for replacing trees. Residents would be responsible for tree removal costs, tree replacement costs and any amount the city spends on inspections and surveys.

Residents would be able to remove diseased or dangerous trees and would also have a right to cut down up to two trees or 10 percent of the trees on a given lot per year as long as those trees aren't of the landmark variety. The city commission is expected to decided whether residents would have to pay replacement costs for chopping down their annual allotment of trees.

Tom Markus, city manager, said though the ordinance could prove costly to residents, enforcing it won't pose a budget problem for the city because fines and replacement money would be used to hire outside tree experts to inspect private property.

Members of the city commission originally asked for an ordinance that would spare trees from damage inflicted during the construction process. Much of that damage occurs when heavy work trucks park on the root systems of trees.

Under the proposed ordinance, that would no longer be legal. It would also be illegal to wash a car in a backyard if it is parked on the grass near a tree.


4) Editorial: Resignations are a disturbing trend

April 11, 2002

From the Birmingham Eccentric

Two members of the Birmingham Community Development department have resigned. A member of the Planning Board also quit, saying he would not serve as a "political tool" of the City Commission.

Some city department heads -- as well as City Manager Tom Markus -- are under fire with the apparent aim of either getting them to toe the commission's line regarding development or leave so they can get someone who will.

This is bound to affect the morale in City Hall. And bad feelings are even beginning to spill out into the neighborhoods, judging from the letters to the editor we receive, including those we can't print in a family newspaper.

Tensions are running high and bad feelings abound.

It would be unrealistic to expect that everything in City Hall be bathed in sweetness and light. That just doesn't happen in the real world, especially where politicians run the show, or try to.

And it not unusual for like-minded City Commissioners who hold a majority on a board to try to implement their agenda, which in this case means virtually halting development.

But the situation is going beyond reason. With key employees resigning, the city risks developing a reputation as a lousy place to work.

Yes, that can happen even in Birmingham, which despite being a well-established community still has a lot to offer to challenge a motivated staff.

But motivation is withering as so many staffers feel beleaguered. And if the city develops a reputation as a bad place to work, it will continue to lose good people and fail to attract new ones.

The City Commission needs to back off and stop nitpicking every issue and generally making people's lives miserable.

Further, the commission and the various city boards need to re-evaluate their operations and relationship with the community. There seems to be an us-versus-them attitude expressed on various issues toward residents and developers alike.

In its efforts to maintain the fine quality of life that Birmingham offers, the boards and commissions are using and considering ordinances and policies that are restrictive to the point of absurdity. The pending code of ethics for staffers and the tree ordinance are examples.

How they ultimately will be structured remains to be seen. But just to consider seriously some of the provisions being proposed is disturbing.

A little common sense is in order within the walls of city hall.


5) City considers tough new tree ordinance

April 7, 2002

From the Birmingham Eccentric

"The City of Birmingham shall have the power to control the removal, alteration and destruction of protected and landmark trees on private properties. Further, the City of Birmingham shall have the ability to ensure the protection of protected and landmark trees on public property during building and construction practices."

So begins an extensive tree preservation ordinance that would, if adopted, give the city jurisdiction over most trees in the city. A committee of city officials worked for months on the ordinance, and a copy of the final draft was made available by the city Monday.

At some 20 pages long, the proposed language gives the city the power to control tree preservation, removal and pruning with an inspection and permitting process that could prove costly to residents and the city. One section, if enforced literally, would prohibit anything but basic landscaping in private backyards.

"No person shall place on public or private property any stone, brick, sand, concrete or other material that will in any way impede the full and free passage of water, air or fertilizer to the roots of any tree subject to the provisions of this article."

Among other things, the city would also have the power to:

* Deny a permit to remove a tree on private property.

* Force homeowners to pay the replacement cost of removed trees.

* Prune a tree against the wishes of a resident, then send the resident a bill.

* Require a tree-location survey for all building projects.

* Force residents to allow tree inspections on private property.

Under the proposed language, protected trees would include those that are greater than six inches in diameter, with the exception of nine undesirable species, including silver maple and willow, that may be chopped down without a permit. Special protections for 46 "landmark" species including ash, elm and birch are also included, and the proposed ordinance goes to great lengths to preserve them. Landmark trees must also meet a diameter requirement to become protected. The requirement ranges from eight inches for a redbud to 24 inches for a spruce.

The need for tree preservation became apparent when a residential construction project killed the 75-year-old tree of a neighbor, said Birmingham city Commissioner Seth Chafetz, and city officials told the neighbor to have the tree cut down because it was dangerous.

While Chafetz said he wanted a basic ordinance to protect trees on lots adjacent to construction sites, the subcommittee ended up with one that delves into the backyards of every resident.

"This is a blatant taking of private property," said Mark Pilukas, a Birmingham resident and developer of residential projects. "With the Vinewood lawsuit still looming, one would hope the commission would be more cautious when seizing the citizen¹s private property rights."

The Vinewood case Pilukas mentioned is one where the city is being sued for blocking construction of a new house by designating the property in question as a historic district. That case is still pending, and Pilukas said he'll likely take the city to court if the tree ordinance is adopted.

"There will be a ceremonial tree chopping," he said. "They keep passing these ordinances because they know they will stand until someone challenges them in court."

Last year, the Village of Franklin passed a landmark tree preservation ordinance that calls for the mandatory replacement of all protected species of trees that are cut down for any reason.

The Franklin ordinance forces residents to pull a permit to cut down a tree and sets stiff penalties for violators. Whenever a heritage tree, such as an elm, is cut down, it must be replaced by several smaller heritage trees at the owner¹s expense.

Birmingham¹s version includes similar provisions that require residents to pay replacement costs for protected trees. The residents can plant new trees on their own lot, another location in the city or pay the money into a tree fund that the city will use to preserve other trees.

If a Birmingham resident wants to make room for a new garage by cutting down a 24-inch diameter landmark tree in excellent health, the resident would have to replace it with four six-inches trees. Cutting down a landmark tree for any reason other than development or disease would only be permitted by approval of the Birmingham City Commission.

The Birmingham Planning Board was scheduled to review the language Wednesday and is expected to make a recommendation to the city commission.


6) Letter to Eccentric: Defining roles

April 11, 2002

From what I have read in the Eccentric and observed on our community TV commission meeting broadcasts, in my opinion Mr. (Gordon) Thorsby should decide, and concentrate on what he would like to be. He cannot be a comissioner, city planner, plan reviewer, building inspector and a policeman all at the same time.

The city has a competent staff that has been doing a good job throughout the years, and they should be able to work without somebody looking over their shoulder every minute of the day. By ordinance the staff has a certain latitude in approval of variations from the original approved construction documents; he should at least let them do their job. As an aside, I would suggest that under the Freedom of Information Act, the Eccentric should do an investigation, let us say over a period of the last 20 years, and publish how many lawsuits the city has been named in, their nature and how much it has cost the city and us, the taxpayers. Just for instance, one of the latest ridiculous lawsuits that the city became involved in was the former Willits house site. I could not believe the ludicrous reasons the city based their decisions on in turning down the owner's request for a demolition and building permit.

Indulis Liepins
Birmingham

7) Today's chuckle: 'Independent' planner sought

From the April 7, 2002, Detroit News/Free Press

http://www.bhambuzz.org/images/PlannerAd.jpg


8) Markus halts staff approval of design changes under pressure from Commission, Planning Board

April 4, 2002

Birmingham City Manager Tom Markus, under pressure from the Planning Board and City Commission, has indefinitely halted the administrative approval process for changes to plans for commercial buildings in the city, Markus said Thursday.

Such approvals are authorized by city ordinance, Markus said, but concerns from members of the City Commission and Planning Board have prompted him to temporarily stop the granting of any such approvals.

Developers of commercial buildings in the city are required to obtain site plan approval from the Planning Board before obtaining building permits. Typically, once permits are issued and construction begins, some changes in the plans are inevitable. Staff planners have traditionally used their discretion in granting such approvals.

Now, Markus said, all changes must be brought back to the Planning Board for consideration. Review requests are backing up.

The Planning Board meets twice per month, but considers site plans at only one of those meetings, and limits consideration to five plans. Currently, its April and May agendas are full, and only one slot is available for June. No special meetings have been scheduled.

Markus said he recognizes that plan changes are a fact of life, and that the new process will be a burden to developers. He said he has suggested to some of them that they write to the City Commission to try to seek a solution.


9) Editorial: Kroger contruction delay is unfair

April 4, 2002

From the Birmingham Eccentric

The pedestrian path shelter in front of the Kroger construction site on Maple is coming apart. Soon weeds will start sprouting around it.

Even worse, some of the tenants lined up to lease space in the row of stores under construction at the site may be forced to pull out of the project.

They don't want to go, but the construction has been stalled for weeks while the city and the developer are at odds over changes made to the site plan.

Compounding the mess is that before construction can resume, the altered plans have to be approved by the city Planning Board. It meets only once a month to consider site plans, and there is often a waiting list to get on its agenda. So it's possible the conflict won't be resolved for several months.

This is unacceptable.

The developer may, indeed, have made some improper changes to the original design, or at least didn't follow proper procedure in getting the changes approved by the city.

That's an issue for the city and the developer to straighten out. But neither will until the developer gets a hearing.

It's true that the Planning Board members are volunteers, and the city doesn't want to impose too much on their time, but scheduling an extra meeting or two when needed is not much of an imposition.

And that's just what the Planning Board needs to do.

While the city can wait for months for a project to move ahead, and the developer has no choice but to wait if the city is slow to act, the would-be tenants for the stores that want to move in may not be able to.

One frustrated businessman who wants to open a take-out gourmet restaurant at the site is on the verge of being forced to pull out of the project. Others may follow.

That's unfair. It's not their fault that the city and developer are on different tracks. People have shown a willingness to invest in this city and should be given at least the courtesy of getting a proper hearing in a reasonable time.

It's been evident that the City Commission is on an anti-development crusade, but what's fair is fair. Being bumped from meeting to meeting, month to month, because of a long agenda is absurd. This smacks on pettiness, not reasonable city planning.

We have already stressed the need for boards and commissions not to run overly long meetings. But if there is a demand for more meetings to settle serious issues, they should be scheduled.

On the other hand, the city has a right to make it clear to developers that they cannot arbitrarily change plans without city approval. It can force a developer to undo changes that have not been approved -- and maybe should. Also, the city should take the proper amount of time to review whatever it needs to review in approving plans and changes.

But throwing everyone into a limbo where tenants languish for months just waiting for a hearing is wrong.

Even volunteers have obligations that they tacitly agree to fulfill when they become volunteers.

If the city is not concerned about the developers it should at least be reasonable with the people stuck in the middle through no fault of their own.


10) Plan Board rejects Big Rock banquet hall plan

April 4, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Parking woes put an end to a planned banquet facility adjacent to the Big Rock restaurant at 325 S. Eton last week.

"I've been at this for more than three years, and I don't know if I'll come back again," said Norman LePage, owner of Big Rock. "I guess we could try and make the building smaller but only one of them (planning board members) suggested that option."

LePage was seeking approval for a 9,200-square-foot banquet facility that would seat 280 people. But the project fell 50 parking spaces short because the city bases parking requirements on the building's maximum capacity, which was set at 654 people by the fire marshal.

"I just think this is a huge operation, and I see a very intense use, and cars will fan out into the neighborhoods," said James Neuhard, a member of the planning board.

The area has a large parking lot that already serves an office building, the Big Rock restaurant and a small train stop. LePage proposed using a shared parking provision that the city occasionally allows when neighboring buildings contain businesses with different hours of operation. He said the banquet facility would be busy on weekends, when the office building would be closed.

He also brought in an expert on valet parking who said his system of parking cars would use space more efficiently, thus requiring fewer overall spaces.

"There is a need in the community for this," said LePage. "I am looking forward to offering a banquet facility that will fit in right between what the Townsend and The Community House offer."

Chris Winans, executive director of the Birmingham Bloomfield Chamber, backed LePage's claim.

"It is one of the most requested uses we get," she said. "...When you talk about facilities with over 100 seats, there are very few possibilities in town."

Winans' enthusiasm was tempered by the comments of Denise Grzech, president of the Torry Homeowners Association.

"There is already parking in the neighborhoods on Thursday nights," she said. "How much farther will it come into the neighborhoods if the banquet hall opens."

In the end, all six planning board members in attendance agreed with Grzech's concerns and voted to deny the preliminary site plan.

"I would like to find a way to make this happen but I can't," said Jean Holland, a member of the board.

LePage left visibly frustrated.

"I talked with police and they said they couldn't remember the last time someone complained about parking," he said. "I'm a little bit disappointed that I didn't hear about these traffic concerns with the neighbors. I have kept them involved in the process for more than three years."


11) City planner's resignation raises concerns

April 4, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Another key city employee has resigned.

Jill Bahm, a city planner, is the second member of the city's Community Development Department to leave in the last six months. The other was Keith Edwards, who took a planning job in Grand Blanc Township.

"It makes it more challenging, but we are going to continue to do our best," said Birmingham City Manager Tom Markus.

When Edwards resigned, the city hired a private consulting firm to pick up the extra work. Markus said he will place a help wanted ad to try and replace Bahm, who left to take a job in the private sector.

Bahm could not be reached for comment, but her resignation is cause for concern, said Ted Fuller, owner of Central Park Properties, a major real estate development company in Birmingham.

"It's very unfortunate that the city lost another very capable member of its staff," said Fuller. "This micro-managing by the Planning Board and the City Commission is playing a role... the department is going to be loaded with requests that it won't have the staff to handle."

Part of a city planner's job is to provide information at Planning Board meetings. When Edwards was planner, he was asked by the Planning Board to refrain from giving his professional opinion on zoning matters during a meeting of the Planning Board. He was visibly frustrated at the meeting, and resigned shortly thereafter without commenting on why he left.

Members of City Commission have also questioned why city planners list the "unintended consequences" of proposed zoning changes on city memos. While such lists are supposed to point out possible adverse effects of decisions, members of the commission have said they didn't want the unsolicited opinions of city staff discussed at public meetings.

Thomas McGraw, a former member of the planning board, also resigned and said he would no longer serve as a "political tool" of the City Commission.

Birmingham Mayor Dianne McKeon denied McGraw's charge that the commission was stacking its board and committees with people who would stall development. On Tuesday, she said the turnover in the Community Development Department is disconcerting, though not unprecedented.

"With so much going on, it is a concern when we have big holes in the city staff," she said. "There are site plans to review, so yes, I don't want anyone to think that we aren't concerned about it."

Bahm's last day will be April 24. When she leaves, the city will have one full-time planner, a consulting planner and the director of the department, who also handles planning responsibilities.


12) Eton development narrowly averts crisis

April 4, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Eton Street Station, a major condominium development designed to redefine living on the city's east side, narrowly escaped zoning troubles Wednesday.

The development on Eton north of Maple has been in the works for years with 122 live/work units, 54 attached townhouses and 11 accessory buildings planned. Developers had until March 28, 2002, to acquire 50 feet of right-of-way or begin planning the project all over because recent changes in zoning ordinances would have rendered much of the project non-conforming.

"It would have been ugly if they hadn't been told," said Tom Markus, Birmingham city manager.

The project had conditional approval to move forward with one exception -- a strict deadline to acquire right-of-way to extend a local road before the March 28, 2001, site plan approval expired.

In the past four months, the Birmingham City Commission has approved many changes to city zoning classifications to reduce the heights of buildings. One such amendment reduced the allowable height of buildings in the city's mixed-use district from 45 to 40 feet. Eton Street Station was approved at 45-feet high but an expiration of that approval would have meant the design was against the law.

At a March 25 City Commission meeting, several commissioners expressed concern that the development was in jeopardy because of an ordinance amendment they voted for.

"I thought this was a done deal," said Seth Chafetz.

Markus said city staff pointed out the potential for serious trouble and the developer, Crosswinds Communities, was able to acquire the necessary property in time.

The project is now headed to the final site plan stage.

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THE BIRMINGHAM BUZZ
-- "It's the 2016 Plan, stupid."
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Buzz # 14 -- April 3, 2002

Promoting intelligence and reason in city government. Our mission: To inform and involve all Birmingham citizens.

-- For awesome resources and up-to-date news items, visit our website at http://www.bhambuzz.org.
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-- Join our lively discussion group at http://www.bhambuzz.org/cgi-bin/ikonboard/ikonboard.cgi.
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In this edition:
1) From our discussion forum: How can we make our town more family friendly?
2) Third key city planning official resigns
3) Editorial: What is the point of the reckless, irrational mission to shut down development?
4) Editorial: City needs an Internet strategy
5) Kroger development frozen; tenant steams
6) Editorial: Revise flawed ethics proposal
7) Editorial: Why did smart people put such silly stuff into the proposed code of ethics?
8) To be removed, send a request to info@bhambuzz.org
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1) From our discussion forum: How can we make our town more family friendly?

(Many readers do not visit or participate in our discussion forum. For them, we will occasionally provide edited excerpts. To read the complete thread, or to contribute to the thread, visit http://www.bhambuzz.org/cgi-bin/ikonboard/ikonboard.cgi?s=3cab1a8e2b2bffff;act=ST;f=1;t=2.)

Posted by Anonymous: Jan. 23 2002,19:31

I find Birmingham a bit less than welcoming to families looking to spend time in the downtown area. Last Friday evening, my family arrived in Birmingham at 4:30 for a 5:00 movie at the Palladium only to find it was sold out. The next show was at 7:00. After a bite to eat at a coney island, we were hard pressed to find anything to do. All stores were closed, as was the library. We ended up killing 90 minutes in the lobby of the Palladium. I would certainly be hard pressed to repeat the experience again. What can be done to invite families to spend time in the downtown area?

Posted by Anonymous: Jan. 24 2002,02:29

Very true observation. One of the things that would have helped would have been locating Borders in the center of town as opposed to the edge, on the other side of Woodward. It is disconnected from the downtown and does not encourage walking. As I am pleased to have Borders in town, I wish that we would have encouraged it in the center. Royal Oak is currently building a Barnes & Noble in the center of town on Main, and that will be a major boost for the "hang out" potential for downtown users. Also, record stores help. We will have that with the addition of Tower Records at the Palladium. Magazine stores also help in this regard. Many cities have a combination of bars, coffee shops, bookstores/magazines/music stores and small gift/card shops in pedestrian districts to fullfill the browsing needs of people coming and going to/from dinner and a show. Birmingham needs to step this up for sure. Please don't give up.

Posted by michael: April 01 2002,10:46

I had the pleasure of spending this past Easter weekend in Saugatuck with some friends (another Birmingham family). On Sunday, downtown had a series of events starting with an Easter hat contest, then a parade down Main Street of all the families and kids who came -- hundreds) along with the Easter Bunny to the park. The park had been strewn with Easter eggs and candy, and of course what followed was a huge Easter egg hunt with hundreds of kids scrounging for bounty. The coffee shop and restaurants were filled with families after the event.

My friends and I began to ponder the question: What would be the response if a family friendly event such as this was proposed for downtown Birmingham?
Any comments?

Posted by NAL: April 01 2002,11:33

Hmmm. Good question. Saugatuck is a very interesting place. It is characteristic of what Birmingham in the 1950s must have been like, along with the funkiness of the hip, gay, artsy crowd. There is the Hardware store right downtown (I have heard that some Birmingham City Commissioners feel this is a major requirement for a small town and something we are severely lacking), quite a few parks, and they even have two public restrooms, one in the center of town and one by the main park on the river. I wonder why we can't seem to provide restroom facilities at Poppleton Park or one of the other parks where we have kids' soccer and baseball games. It seems odd to me that every construction project MUST have a Port-o-John, but the city parks, which are frequented by many families and are run by the city, don't have any facilities.

In the summer Saugatuck is packed with people, and the visitors actually park in the neighborhoods and walk downtown.... If there are things for people to do in Birmingham, they will come and enjoy themselves. What about some weekend things? Now that we have the two movie theaters, how about a film festival with movies at the theaters and maybe some discussions or shows at the Community House? Many people want Birmingham to retain the small town charm, but lets add some sophistication to the mix, too, like Saugatuck has. By the way, Saugatuck and Douglas combined have a population of only 2000. If you have never been there it is an amazing place. Here is their website: http://www.saugatuck.com/welcome/welcome.htm. You will be amazed at how much they have going on for such a small town.

Posted by Interested Party: April 01 2002,12:04

Great suggestions, NAL! The film festival idea is a natural. It could be tied into some of the independant filmakers we have locally and/or the State of Michigan Film Board (yes, we have one). I don't know anything about such things, but I'll bet there are people in town who do.

Another idea that my daughter suggested a few years ago is a "Family Skate Day." She said it would be neat if the streets around Shane park were closed off on a Sunday afternoon and people could rollerblade around the park. She said they could have music and concessions in the park and places to sit and just watch. The point she was making was from a child's perspective about having family fun. Maybe we could solicit some input from the kids in town and learn what a real family event is.

Posted by shelli: April 01 2002,17:01

Michael: I like your observations and think your suggestions are worth bringing to a community forum somehow. The prospect of hosting a film festival is particularly exciting because an array of complementary events can be planned around it.

Posted by C Moss: April 01 2002,18:21

The family Easter-egg hunt sounds like a winner, but the real exciting thing is this film festival idea. We've got lots of movie theaters to show stuff, and lots of places for people to go and hang around before and after. It plays to our strengths as well as to our downtown image -- or what we'd like to define as our image. I think this idea should be vigorously lobbied: brought to the Principal Shopping District and the Chamber of Commerce and followed up on. Also the Eccentric should be sympathetic. Sounds like a creative winner, so go for it!

Posted by BTA: April 02 2002,03:10

The bottom line in making a town active, vibrant and economically healthy is people. If you have good infrastructure (houses, downtown buildings, proper density, sidewalks, parks and streets) you will have an awesome place. Proper infrastructure will make a place people-friendly and will encourage a mix of uses in a downtown like working, living and playing (whether an Easter egg hunt or Film Festival).
Make proper buildings with proper scale and uses (i.e. multi-story buildings with retail on the ground floor and floors of offices and housing above) in a downtown and your town will be filled all of the time.


2) Third key city planning official resigns

April 2, 2002

City Planner Jill Bahm has resigned. She is the second city staff planner, and the third key city planning official, to resign within a year.

Bahm replaced Keith Edwards, who resigned late last year after about two and half years with the city. Both served as the city's primary liaison with the Birmingham Planning Board. Bahm had been with the city since June of 1997.

The city's Community Development Department, for which Bahm and Edwards worked, has been under pressure from members of the City Commission, Planning Board and public for its administration of the building oversight process.

Former Planning Board member Thomas McGraw resigned his position early this year in protest of actions taken by the board and the commission.
Bahm could not be reached on Tuesday; the reason for her resignation was unclear.


3) Editorial: What is the point of the reckless, irrational mission to shut down development?

April 1, 2002

If you were a member of the Birmingham City Commission or Planning Board, and you wanted to shut down development in Birmingham, alienate developers and their potential tenants and make it next to impossible to lure new development and business to town, you might consider doing something like this:

First, casting a mistrustful eye on city staff, you'd ignore precedent for staff approval of construction drawings and attempt to micro-manage every aspect of the building oversight process.

You might, for example, target a project like the multi-million dollar Willits condominium. (The Willits is nearly complete, and every step of the way its developers have followed established city procedures for obtaining approvals. First they got site plan approval for their general conceptual plans from the Planning Board. Then they submitted detailed construction drawings to city staffers, who issued the necessary construction permits. Finally, throughout the construction process, city staffers have closely monitored the project, approving all the work done, including changes to the original drawings.)

What you'd do is this: You'd find a few minor differences between the preliminary plans submitted for site plan approval and the actual building, and then haul the developers before you and ask pointed questions about those changes, implying that the developers (maybe in cahoots with city staffers) had done something underhanded. You might demand that the city manager and city attorney conduct an investigation into how the changes were approved. And you'd get the developer so riled up that his lawyers fire off a long letter to the city, threatening a very big lawsuit if the project is hindered in any way.

You might not shut down the project, but you'd send a strong message to developers that they're not welcome in Birmingham. You'd let them know that they can expect confrontation and the nitpicking oversight of amateurs, rather than the cooperation and professionalism they would get from the city's paid professionals. By now, of course, you've got the city's professionals so stirred up (looking for work elsewhere, perhaps), that they're loath to approve anything on their own.

Next, you might target another project, let's say the addition to the Kroger store on East Maple. There you might find some significant differences between what you approved and what is being built -- enough to get city staff to issue a stop-work order. Now, if you really wanted to be cooperative, and still get your way, you might schedule a special meeting between the developer and the Planning Board to get the whole thing squared away quickly. After all, a lot of people are depending on speedy completion of the project. In addition to the developer, you have the businesses committed to moving in, and the neighborhood residents, who are inconvenienced by the construction and eager to avail themselves of the additional services of a completed project. And after all, you scheduled a special meeting to haul the Willets developer in.

But you don't want to be cooperative. You want to send a message. So you let the developer wait -- for months. The stop-work order was issued in early March, but sorry, your agenda for March, April and May is full. You see no compelling reason to squeeze anyone in. Let him wait till June or July. That way, anybody considering putting up a commercial building in Birmingham, or luring new business into town, or even moving a business into town, will get the message: Don't expect cooperation from City Hall.

We are, of course, describing the situation that exists right now in downtown Birmingham. And if you do not think it will affect your quality of life and the value of your property, no matter where in town it is located, think again. Both are directly tied to the vitality of our downtown. If our downtown suffers, our neighborhoods will suffer.
We don't think the consequences we describe are unintended. We believe that a majority of our city's leaders are on a reckless and irrational mission that, unchecked, will have a lasting and negative impact on our city's ability to thrive.

What are their goals?

Some of our leaders find little downtown to attract them. Maybe they long for the days when Kresge's anchored West Maple, and Wilson Drugs and Huston Hardware dominated the corner of Maple and Woodward. Those stores, which will never return, were driven out by a variety of factors, including rising rents.

We have heard some of our leaders say rents are too high in town today, and wonder what, if anything, they can do about it. We don't think they can, or should, do anything about it; it's not their business. But maybe they think they've got it figured. If you stanch development, and make it difficult for quality, modern retailers to make a home here, then without the synergies that make a modern downtown vital, businesses will continue to suffer, and vacancies will rise. (And don't believe the claims that 95% of downtown retail space is leased. Ninety-five percent of ALL space downtown might be leased, but the percentage of occupied retail space is smaller, and getting smaller every day.) As vacancies rise, the law of supply and demand will take over. Rents will drop.

But what will fill the new low-rent retail space in a town with few remaining businesses? Perhaps our leaders have in mind a reasonable mix of businesses that magically will bloom to attract their legion of Ozzies and Harriets.

We have asked our leaders, repeatedly, to articulate the vision that drives their mission, but we get no meaningful response. Perhaps readers of the Buzz will have more luck. We urge you to contact our leaders, and ask them to explain their goals.

For a list of names, phone numbers and email addresses of individual city officials, visit http://www.bhambuzz.org/City_officials.htm.


4) Editorial: City needs an Internet strategy

The City of Birmingham needs a coherent strategy for its presence on the Internet.

The City Commission recently agonized in three meetings over a request from the Principal Shopping District for around $20,000 to beef up its website, http://www.enjoybirmingham.com. The PSD has already spent around $30,000 to get the site up and running.

Commissioner Don Carney, who has been asking some tough questions lately about the PSD, didn't shy away from questioning this allocation.
Carney seemed to think that an expenditure of that size ought to be accompanied by a clear explanation of what it was buying. He wasn't the only one with that good question on his mind.

Unfortunately, nobody seemed to have a very good grip on what the website is supposed to accomplish, nor of its effectiveness. And the whole discussion betrayed a lack of technical savvy on the part of the participants. John Heiney, executive director of the PSD, was unable to supply any meaningful tracking data, nor any evidence that anyone actually uses the website for any meaningful purpose.

The site lists all member businesses. Those who want a simple page describing their business and its hours are offered one free of charge. The site also lists available properties downtown, and contains a few other snippets of information. It was built and is maintained by an outside contractor, which is one of the most expensive ways to build and maintain a website.

Heiney got his allocation, but it wasn't because City Commissioners were presented with any convincing information. In addition to the PSD website, the city maintains another site at http://www.ci.birmingham.mi.us, a hodgepodge of some very useful information about our town. This site is maintained by the city's Information Technology Department.

Birmingham has to rank pretty high among connected towns in America. We think it's safe to say that a majority of homes are computerized and connected to the Internet. The number is surely growing as both Comcast and Ameritech get their broadband act together.

You don't have to look far on the Internet for examples of small cities that effectively use the Internet to meet a variety of goals.

Birmingham isn't completely in the Dark Ages, of course. The PSD site is well organized and designed, if of questionable value. The other city site, not so well organized or designed, but of vastly greater value, contains the City Code; City Commission, Planning Board and Board of Zoning Appeals agendas and minutes; a calendar; some frequently requested forms; the email addresses of many elected and appointed officials; links to related site, and other useful information.

Using the Internet effectively doesn't have to cost an arm and a leg -- and in many cases it can save money. For example, City Clerk Nancy Weiss recently unveiled a program that will make complete Commission agenda packets available online, a move that she estimates will save the city thousands of dollars in printing and other costs over the years to come. Hers is not the only initiative that can save the city money, and make City Hall a bit more accessible to the public.

The City Commission should direct city staff to study the matter and make some recommendations.


5) Kroger development frozen; tenant steams

March 31, 2002

From the Birmingham Eccentric
By Larry Ruehlen

Jack Leone is going broke waiting for the sound of pounding hammers to return at the Kroger's construction site at 685 E. Maple.

"I get the distinct impression that Birmingham doesn't want me or my business," said Leone. "Every person I talk to says 'rules are rules' or 'it's not within my authority to help.' This is a death sentence to my project."

The death sentence Leone is referring to is a March 3 stop work order issued by the city for failure to follow approved blueprints. Leone is trying to open a gourmet take-out
restaurant -- Cucina Leone -- but the project was already months behind schedule when building officials slapped an ominous red tag on the site. While construction workers merely shift jobs when a red tag goes up, it's not that simple for Leone.

"I'm running out of time," he said. "The developer says it's the city's fault and the city says it's his fault. While they fight it out, I'm going under."
Leone's troubles began with a Feb. 10 building inspection that revealed discrepancies between the blueprints that were approved by the Birmingham Planning Board and what was actually being built.

A thorough review by the city turned up many differences including six fewer parking spaces, a four-foot reduction in the height of the building and different locations for doors and walls. Such changes aren't necessarily against city codes, but they do have to be approved by the planning board. Unfortunately for Leone, the board meets once a month to review site plans and there is a long waiting list to get on an agenda.

If the Southfield-based developer, First Commercial Realty & Development, acts quickly with a review request, the project could get on the June agenda. If it doesn't, July would be more likely, said Jill Bahm, city planner.

Tom Markus, Birmingham city manager, said a recent dispute over a high-profile construction project has caused city officials to be wary of granting administrative approvals for changes to building plans.

"The changes require review," he said. "And at some point the city staff can't absorb responsibility for all of human kind."

Bahm said the planning board tries to handle five site reviews per meeting on a first-come, first-served basis. When reviews take longer than anticipated, applicants are usually asked to come back next month.

At Wednesday's planning board meeting, the last applicant on the agenda said he had been back five consecutive months waiting to be heard. Markus said he does empathize with Leone and advised him to write a letter explaining his plight to the Birmingham City Commission.

"A special meeting is a possibility," said Markus, "but we have to remember these people (planning board members) are volunteers. This isn't their life's work."
Bahm said the planning board has held special meetings on occasion but she couldn't remember it doing so for a single site plan review.

With debts mounting and thousands of dollars worth of restaurant equipment sitting in storage, Leone is beginning to question the city's business practices.

"This town is half vacant and the planning board only works one day a month," he said. "I have a $500,000 project going down the drain, and I haven't heard one person say 'we really want your business.' "

According to city statistics, more than 96 percent of available space within the Principal Shopping District is currently leased.

Peter Gikas, a construction manager with First Commercial, said the owners of the company were on vacation and he wasn't familiar with the project. The architect was also on vacation and couldn't be reached.

Leone said he has already sunk $75,000 into the restaurant and can't wait much longer to open.

"We were supposed to open in July," he said. "I worry every day, but I'm not sure what to do next."


6) Editorial: Revise flawed ethics proposal

March 31, 2002

From the Birmingham Eccentric

The code of ethics being considered for adoption by the Birmingham City Commission overall is a reasonable document punctuated by some unreasonable demands that undermines the whole proposal.

It contains many useful and welcome provisions that will help ensure the city's elected officials, administration and staff operate in a fair and proper manner to the benefit of the city.

And it's encouraging anytime ethics can be injected into government. But clearly this is a flawed document that will have to be revised before it can be implemented.
Several provisions themselves seem unethical.

Specifically, the provision on "Dedicated Service," which states that "all officials and employees of the city be loyal to the political objectives expressed by the electorate and the programs developed to attain those objectives."

What the code appears to be saying is that the people of Birmingham elected the officials to carry out their wishes so by being loyal to the officials, the employees are really being loyal to the people.

This convoluted framing is simply nonsense. What the code actually is sayings is, "Look, the people elected us, so if you want to work for the city, you better do what we say and toe the line."

That means, don't speak out. No criticism. No dissent.

Even worse, in the provision under "Political Activity," the code states, "Employees shall not take an active part in political campaigns for candidates other than
themselves."

Actually, the U.S. Constitution addresses such activities under the topic of freedom of speech.

Another trouble spot is the provision regulating "Ex Parte Communications." Strip away the innocuous-sounding verbiage and we are left with the possibility of any employee being forbidden to speak to such folks as newspaper reporters. The rule of free speech may hold sway here as well.

We do support the provisions identifying and prohibiting conflict of interest and requiring the disclosure of income that may put officials in conflict with their job responsibilities.

And there are other common sense provisions that would promote good government. The City Commission needs to focus on those provisions and cut out the chaff that only muddies and otherwise commendable document.


7) Editorial: Why did smart people put such silly stuff into the proposed code of ethics?

You've got to wonder about some of the silly provisions of one of the ethics codes currently being floated by the city. Who in their right mind would suggest that "all officials and employees of the city be loyal to the political objectives expressed by the electorate and the programs developed to attain those objectives"?

That's just one of the dumb provisions of the suggested codes, which you can review by visiting http://www.bhambuzz.org/pdfs/ethics_city.pdf.

The code being circulated was developed, we are told, by Commissioner Don Carney, City Manager Tom Markus and City Attorney Tim Currier. Both Carney and Currier are lawyers. All three should, and we have to presume do, know better.

So what's the motivation behind allowing things so blatantly ridiculous -- not to mention unconstitutional -- to be included in the code?

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