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

Buzz # 29 -- Sept. 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 Ethics 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) Editorial: Plan Board needs qualified appointee
2) Editorial: Restaurant 'solution' spotlights city ills, causes more problems than it solves
3) No sale: Jacobson's stores pulled from auction
4) Restaurateurs rankled over parking plan
5) Board's stance on Crosswinds called 'bizarre'
6) Feds step in on handcap complaint
7) Editorial: Bloomfield, Pontiac and developer should compromise on appropriate plan
8) Editorial: Cut the Crosswinds red tape
9) Editorial: Failure to give Crosswinds a break shows ignorance, arrogance of Planning Board
10) Niagara-on-the-Lake has model for Shain Park; Markus invites city officials on bus tour
11) Options sought for liquor licenses
12) Crosswinds development entangled in red tape
13) City weighs extension of sidewalk on Adams
14) Editorial: Cut it out, already
15) Letter to Eccentric: Respect Quarton Lake
16) Letter to Commission: Road work needs work
17) Restaurants revitalize business district
18) To be removed, send email to info@bhambuzz.org
{{PERIOD}}

1) Editorial: Plan Board needs qualified appointee

Sept. 24, 2002

The City Commission finally -- and narrowly -- accepted the resignation of Charles Tholen from the Planning Board Monday night. Let's hope they replace him with someone qualified.

Tholen resigned abruptly and with little explanation July 13, but the Commission refused to accept his resignation. Tholen defied his supporters, however, and stayed in retirement. He hasn't attended a Planning Board meeting since his resignation.

The city charter specifies that the seven-member Planning Board consist of one architect and one central business district building owner. The remaining five members should be from "insofar as possible, the legal profession, the financial or real estate profession, planning or design professions."

The last time a vacancy occurred on the Planning Board, it seemed possible to fill it with qualified personnel, given that at least two of the five applicants were architects. But the Commission chose instead to appoint Jean Holland, a part-time dermatologist with none of the requisite qualifications.

Holland replaced Thomas McGraw, who resigned in protest, saying:

"It appears that the City Commission no longer appoints members of the Planning Board based upon their credentials and knowledge of planning and zoning. Rather, it appears to appoint those who it feels will set aside planning and zoning concepts, zoning ordinances, adopted plans or common sense, and vote solely in an anti-business and anti-development fashion.

"In my opinion, a current majority of the Planning Board disregards traditional principles and common sense, and directs their energy toward blocking projects in order to satisfy the City Commission. Recent decisions follow no plan, adopted or otherwise. They appear to be made in a haphazard and arbitrary fashion."

McGraw seemed to be right-on, and his remarks nearly 10 months ago have proven to be prophetic.

Will the City Commission exercise reason and intelligence in its next appointment to the Planning Board? Or will it ignore both its charter and qualified applicants?

Stay tuned.


2) Editorial: Restaurant 'solution' spotlights city ills, causes more problems than it solves

Sept. 24, 2002

Restaurant owners turned out in full force Monday night to fight another silly proposal from the Planning Board and our so-called planning "staff."

The episode, like many lately, illustrates some of the ills that have infected city government.

The proposal (check out full documentation on the matter from the commission's agenda by visiting http://www.bhambuzz.org/pdfs/Restaurant_parking.pdf{{PERIOD}}) would have in many cases required more parking to be provided by restaurants outside the core central business district. Existing restaurants would not be required to provide the additional parking immediately, but the proposed ordinance would have made them non-conforming. Going forward, if a non-conforming restaurant needed to be rebuilt or renovated, it would have to comply with the parking requirements. Furthermore, many restaurateurs argued, the non-conforming status would seriously devalue their businesses.

The whole thing started after Norman LePage, the owner of Big Rock Chop & Brew House on Eton St., proposed adding a banquet facility to his restaurant. His many frustrations in dealing with the Planning Board notwithstanding, one of the questions that arose involved how much parking he should be required to provide. Since the city code did not address banquet facilities specifically, the city staff used its discretion and applied guidelines established for restaurants.

Of course, anyone watching city government today knows that the last thing city staff should do, from the point of view of commissioners and members of the Planning Board, is use their discretion. Planning Board Chairman Gary Kulak accordingly requested research into banquet facilities, how they compare to restaurants, and how much parking they should be required to provide.

To some observers, the exercise seemed to be more of an effort to frustrate LePage (who has been trying in vain for years, largely unopposed by neighbors, to expand his business) and city employees than an attempt to fix something that's broken.

In fact, in ignoring the age-old dictum to leave well enough alone, our city "staff" recommended a complete overhaul of the parking requirements for restaurants.

We put the word staff in quotes because what our city leaders have been calling "staff" lately often refers to one Nicholas Lomako AICP PCP, senior vice-president of Wade-Trim, a middling consulting company based in Taylor. Despite his fancy title and all the initials following his name, Lomako now and again diplays a lamentable lack of first-hand knowledge of our town and its unique characteristics.

Such first-hand knowledge for many of us includes occasional visits to such eateries as Phonecia, Alban's, the Whistle Stop and others, without significant difficulty parking. Owners of all those establishments, and more, were present Monday night to tell Chairman Kulak and the commission: "IT AIN'T BROKE!"

Unfortunately, Lomako was inexplicably absent, unavailable to present, explain or defend his recommendations. Kulak took the heat, lamenting how "inappropriate" it was that restaurant owners chose to appear before the commission while largely ignoring previous hearings before his Planning Board.

Ignoring the fact that the city has already wasted enough taxpayer money coming up with this proposal in the first place, the Commission voted to send the proposal back to "staff" for even more unnecessary study.

Norman LePage and his Big Rock restaurant are a credit to this city. He is a good neighbor, and a good businessman. He and his consultants and real city staffers with real first-hand experience in our town are perfectly capable of figuring out how much parking is necessary for a banquet facility. They don't need Chairman Kulak and his Keystone Planning Board -- working with an out-of-town consultant who doesn't bother to attend key meetings -- micro-managing their affairs and coming up with solutions that cause more problems than they solve.

3) No sale: Jacobson's stores pulled from auction

Sept. 22, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Uncertainty over local politics devalued Jacobson's two buildings in Birmingham, which failed to sell in an auction Wednesday, said one local real estate broker.

"You would have to be a developer with deep pockets and a mean spirit to fight the lions in Birmingham," said Dan Jacob, a broker with Southfield-based Signature Associates. "I had two developers retract bids at the last second."

Chicago-based Hilco Real Estate, the company that is liquidating Jacobson's assets, pulled the Birmingham buildings and the Jackson headquarters off the auction block Wednesday.

"Basically, the bids we received weren't high enough," said Josh Joseph, a Hilco associate.

Jacob, who was involved in the bidding, said the potential for litigation and current anti-development attitudes led to speculation that it would take a protracted effort to tear down the current structures and build something to replace them.

Jacob said it would be unusual for department stores such as Von Maur, the Iowa-based retailer with 18 stores, that was the high bidder for stores in Livonia and Ann Arbor, to pursue the Birmingham stores.

"With Livonia, all they have to do is throw down carpet and slap paint on the walls," said Jacob. "In Birmingham, you're talking about a total redevelopment and Von Maur isn't in the development business."

Earlier this summer, Jacob said Von Maur and Parisian, another department store, were interested in the Birmingham sites though others involved in the bidding process said it wasn't true and store officials refused comment.

The results of the auction will go before a federal judge on Sept. 25. Someone could conceivably make an acceptable bid before then.

Hilco officials wouldn't reveal the amount of the highest bid or the identity of the bidder. A source who was at the auction said the combined bid for the Birmingham locations was in the $7 million range and a developer placed the bid, not a department store.

Von Maur bid $7 million for the Livonia store and $5.5 million for the Ann Arbor store, both of which are in malls and could be readily remodeled.

Jacobson's creditors said they will continue to market the Birmingham stores and the Jackson headquarters with the intent of getting more money.

Jim Weiner, president of development company Related Retail, said he is still interested in the Birmingham parcels but he agreed that local politics played a role in the bidding.

"If everything goes well you are looking at four years for a development in Birmingham," said Weiner. "If there's litigation, it could take many more years. That possibility would scare any prudent developer."

Department store Lord & Taylor asked the city of Birmingham to buy at least one of Jacobson's buildings downtown but the deal went nowhere. City officials said such a deal was unlikely because the city would have to spend millions of dollars of taxpayers' money to buy the land.

The buildings that have housed Birmingham's anchor store since 1950 closed last weekend.


4) Restaurateurs rankled over parking plan

Sept. 22, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Restaurant owners outside of the Birmingham's downtown fear a proposed change to city parking ordinances will run them out of business.

"If this passes, I will either have to stay here for life or close down," said Moe Serour, owner of Papa Romano's Pizza, 1998 Southfield Road. "It wouldn't affect us right now, but we'd never be able to sell."

Serour is just one of a host of restaurant owners who are concerned about the changes. The changes wouldn't apply to downtown, where parking structures supply spaces.

Under the current ordinance, the city requires a parking space for each 75 square feet of floor area and additional spaces for assembly rooms. The proposed changes would define types of restaurants and set new parking requirements based on the type of establishment.

A "quality" food and beverage restaurant would require 18 parking spaces per 1,000 square feet of gross leasable area. Family restaurants would require eight spaces and fast food establishments would require 16 spaces per 1,000 feet of space. An additional space for every two people allowed in the maximum capacity of the restaurant would be required if it uses space for banquets or meeting rooms.

Serour said he is currently required to supply just a handful of spaces but would need more than 30 under the new rules. And with the no more land available for expansion, the resale of his business could be nil.

"It's kind of ridiculous because the customers aren't using the whole restaurant, just the lobby," he said.

In most circumstances, existing businesses are grandfathered in under current rules before ordinance changes are made, but restaurateurs said if they tried to sell or renovate their establishments, the new parking rules would have to be followed. Birmingham City Attorney Tim Currier wasn't available for comment,

"In the long run, we would all be out of business," said Sameer Eid, owner of Phoenicia, 588 S. Old Woodward.

The proposed ordinance is up for consideration at the 8 p.m. Monday meeting of the Birmingham City commission. The commission meets at the city municipal building at 151 Martin.


5) Board's stance on Crosswinds called 'bizarre'

Sept. 19, 2002

From the Birmingham Eccentric

By Larry Ruehlen

An "insatiable appetite" for plan revisions that concluded with a "bizarre" stance by the Birmingham Planning Board has threatened a development on the city's east side, said Frank J. Ellias, an attorney for a proposed development called Eton Street Station.

"It appears that the board is interested in derailing the Eton development through bureaucratic roadblock," said Ellias, in a letter to the city.

In the letter, Ellias requested a hearing before the planning board even though Crosswinds Communities has been trying to get approval from the board for years. Ellias said the board's contention that the project's site plan has expired is contradictory and that "it seems the board has a hidden agenda to require the applicant to comply with a new zoning ordinance which was passed long after the application for site plan approval was submitted."

Building official Mary Ferrario will decide whether the site plan expired, not city attorney Tim Currier.

Currier said though planning board members asked for his opinion, they will get Ferrario's because her word is what counts in building matters.

"By ordinance that's who has to make the call," said Currier. "The city manager (Tom Markus) didn't ask for my opinion, so I haven't formed one."

Ferrario could not be reached for comment.

Ferrario will have stacks of paperwork to wade through in trying to determine if the development's final site plan has expired.

On Wednesday, Aug. 28, Crosswinds Communities went before the Birmingham Planning Board to show, among other things, samples of fencing and mortar. Members of the planning board had asked to see the samples before
emoving the conditional status from the project's final site plan approval. When Crosswinds came back before the board, company officials were told the board couldn't take action because the site plan had expired.

Bob Gibbs, an urban planner who helped design Eton Street Station, said the planning board had set up a "Catch 22" by continually asking for plan revisions.

At the time, Dick Schram, an official with Crosswinds, said the company was considering its options and refused to comment further. By Sept. 10, attorneys for the development were doing the talking.

"This applicant has been involved in development projects in Michigan for over 50 years..." said Ellias. "It has never encountered the type of delay and bureaucratic abstinence that has plagued this project."

Gibbs said the project was originally designed to bring $70,000 condos to the city but the price kept going up as the planning board demanded changes over a period of years. After eight extensive site-plan redesigns, the estimated sale price of the units is approaching $200,000, said Gibbs.

The proposed development on Eton south of Maple has 122 live/work units, 54 attached townhouses and 11 accessory buildings planned. It is intended to provide affordable housing and a place where artisans can create and sell their wares. In March, developers narrowly met a deadline to acquire 50 feet of right-of-way.

In the past year, the planning board and Birmingham City Commission have approved many changes to city zoning classifications to reduce the heights of buildings. One such amendment reduced the allowable heights of buildings in the city's mixed-use district from 45 to 40 feet. Since Eton Street Station was approved at 45-feet high, the developers may now have to redesign the entire project to conform with new city rules.
The planning board is set to hear the matter at its 7:30 p.m. Sept. 25 meeting at city hall at 151 Pierce. If Crosswinds doesn't like what Ferrario or the board has to say, it could appeal to the Birmingham Board of Zoning Appeals or go to court.


6) Feds step in on handcap complaint

Sept. 19, 2002

From the Birmingham Eccentric

By Larry Ruehlen

It's tough to fight city hall when you can't get in the door.

That's what Edward Kelly found out Thursday.

"They had the handicapped parking closed off and the handicapped door locked," said Kelly. "Then I had a parking ticket on my windshield when I got out... It was a ridiculous situation, but it may have done more for my case than anything else."

Kelly, a Birmingham resident of 34 years, is trying to enclose the front porch of his house on Lincoln to make it easier for him to get in and out with his walker. In March, the city's zoning board of appeals denied a variance that would have allowed Kelly to proceed. But Kelly, a recent retiree with two bad hips, wouldn't take no for answer.

He contacted the U.S. Fair Housing and Equal Opportunity department, which eventually launched an investigation on Kelly's behalf.

Federal authorities concluded Kelly had a reasonable claim and demanded a meeting with city officials. That meeting took place Sept. 12 -- a day when the city was still at a heightened level of security due to potential terrorist attacks. When Kelly arrived at city hall, he discovered the parking lot behind the building was closed. With no handicapped parking available, he spent a few minutes looking for a space near the building until construction workers helped him out.

The workers moved a barricade and Kelly parked his car and made his way to city hall. When he got there, he found out the handicapped door was locked -- again for security reasons. Kelly was beginning to get frustrated when a city worker finally let him in.

The meeting didn't go much better, said Kelly, as city officials wouldn't agree to let him put the small addition on the front of his house. Kelly now has to make a sharp turn to the left and lift his walker over a step to get to the living room. He got the idea to enclose the porch from a neighbor, who had already done the same thing.

Kelly hired the same contractor to draw up the plans but soon found out he needed a variance because the enclosed porch would have been 10 feet too close to city property. After paying $1,000 for a city-required survey, Kelly went before the BZA with several pictures to illustrate his predicament.

His neighbors didn't object and had in fact signed a letter of support for the project. Mike Hunter, one of the neighbors, said no one on the block opposed the porch enclosure. Hunter also said the city has "ridiculous rules that seem to change depending on who you are."

Though the decision wasn't unanimous, the majority of BZA members said Kelly's request didn't meet a specific set of criteria mandated by state law, and they had no choice but to deny it. The BZA is an autonomous board, and the city staff can't overrule its decisions.

Rainy or snowy days make entering his own house treacherous for Kelly. And even when he manages the climb without trouble, the walker ends up dripping on the white carpet. With winter only a few months away, Kelly is beginning to wonder if the job will get done in time.

He said city officials wouldn't strike a deal Thursday because they were too concerned about potential litigation.

"They know they are dead wrong, but I'm not going to sue," said Kelly. "I just want the damn thing done."

Kelly said federal officials told the city that the BZA's decision violated the American's with Disabilities Act.

The city will review its ordinances and report back to federal authorities within 10 days.

When Kelly left the meeting, there was a parking ticket on his windshield. A city official grabbed the ticket and told him not to worry about it, said Kelly.

"Perhaps the city should change its slogan," said Kelly. "It says Birmingham is a walkable community. What that means to me is: If you can't walk, the city doesn't want you."


7) Editorial: Bloomfield, Pontiac and developer should compromise on appropriate plan

Sept. 19, 2002

From the Birmingham Eccentric

While it looks like chances are dim for Bloomfield Township to prevail in its battle to block the proposed $2 billion Bloomfield Park development in light of a recent appeals court decision, the township still has a chance to craft a compromise that everyone could live with.

Discussion continues among representatives of the township, Pontiac and the developer to push for a compromise that would allow construction, but on a scale more conducive to the nature of the surrounding community.

This is worthy of pursuing and must be stressed by all parties as the best way to satisfy everyone.

The tangled web that threads through this saga goes back two years when developer Craig Schubiner proposed building the massive complex of multistory buildings on 75 acres of land at Telegraph and Square Lake roads.

The township immediately began a legal battle to stop the development because it doesn't fit the nature of the community and violates existing zoning restrictions.

Along the way, the issue went through various courts, Pontiac annexed the site to allow the development to proceed, that was challenged in court and the township formed an unusual agreement with Birmingham to assume control of a portion of the property. Even county Executive L. Brooks Patterson weighed in, supporting the development.

The latest chapter is unfolding now as the state Court of Appeals has given the project the go-ahead, leaving the township only one more avenue of legal action -- an appeal to the Michigan Supreme Court.

That could take more months and surely would involve additional legal expenses, although the township pegs the legal expenses as amounting to a charge of just $15 per person.

Township officials have come under criticism for seeking a public safety millage to cover a $4 million budget deficit while resisting a potential new source of tax revenue.

But even with development, no one should expect any immediate tax relief. Even if the project is built, given the length of construction, it will be several years before it generates new revenue. And given the state of the economy, it remains to be seen if it will be a profitable venture.


8) Editorial: Cut the Crosswinds red tape

Sept. 19, 2002

From the Birmingham Eccentric

Trying to untangle the mess of red tape that befuddled the Crosswinds Community development is a challenge that calls for the tactics of Alexander the Great.

But Alex is dead and even he likely never had to deal with attorneys, who surely would have sent him scurrying back to Greece.

The issue is about site plans and building permits for the condo development on Eton Street. Exactly who did what and should have done what in applying for permits and changing site plans is debatable.

At this point, we'll leave it to the city and the attorneys to sort out the mess. But they shouldn't have to. Birmingham has gotten to the state that it is now hiring department heads with law degrees to deal with what should be routine matters.

The degree of complication being imposed on what should be simple proposals is disturbing. A pattern of nit-picking is emerging, and that can be dangerous to the city's future.

Birmingham must be careful not to develop a reputation as a bad place to do business if it wants to secure a strong future.


9) Editorial: Failure to give Crosswinds a break shows ignorance, arrogance of Planning Board

From our Discussion Forum

Posted by Roger Gienapp: Sep. 06 2002,16:43

The recent action by the Planning Board in denying approval to the Crosswinds development is yet another sign of their ignorance and arrogance.

A simple motion to extend the time limit was in order and was well within the powers of the Planning Board. I'm appalled that city planning consultant Nicholas Lomako or some member of staff didn't suggest it at the meeting, or that Chairman Gary Kulak was unaware that the board has the authority to extend such deadlines.

Given the fact that much of the delay was due to the demands that the Planning Board itself placed on Crosswinds, it seems like an extension would have been a courtesy the board could have extended.

The Eton Street development was first proposed six years ago, and since then Crosswinds has done everything asked of it to cooperate with the capricious demands of the Planning Board.

In that same six years, this same developer has constructed and sold 150 townhouses in the City of Detroit, where there are now taxpayers contributing to its regeneration. It plans to build 200 more, along with the renovation of several Victorian homes within its development boundaries.

I'll bet those are done and sold before our arrogant Planning Board gives its final blessing. Still, the City of Detroit has the undeserved reputation as being hard to deal with in development matters, while we seem to have the idea that people are going to kiss the rings of the Planning Board to get something built here!

What arrogance! We should take a lesson from our Mother City and help development, not thwart it.


10) Niagara-on-the-Lake has model for Shain Park; Markus invites city officials on bus tour

Sept. 8, 2002

From the Birmingham Eccentric

By Larry Ruehlen

A bus trip to one of Canada's most beautiful cities may reveal the full potential of Birmingham's Shain Park.

That's the intent of an invitation extended by Birmingham City Manager Tom Markus.

"Shain Park is nice, but they have taken things to a whole new level," said Markus. "They have a band shell for theater performances and the most beautiful landscaping... the park is the center of activity in the city."

The city Markus is talking about is Niagara-on-the-Lake - a town of 13,000 people that's about 20 minutes of north of Niagara Falls in Ontario, Canada.

Markus visited there this summer and left charmed with the historic city and its parks.

More than 4 million tourists visit the area per year and many of them stop at Simcoe Park to relax. With six acres of public walkways, flower beds, public art and bandshell, the park offers a serene but vibrant setting.

John Vandenberg, foreman of the city's parks and recreation department, greets callers with a simple message. "It is the most beautiful city in the world," said Vandenberg, the man behind a park transformation that has lasted 34 years. "They (local city leaders) just let me free to do what I wanted," he said. "The main thing is that everyone in the department loves their work. This is my hobby and my job."

Vandenberg is boasting, but just a bit. The city was rated the prettiest town in Canada and second prettiest in the world by Communities in Bloom, an organization that annually recognizes botanical excellence. Vandenberg said it's the combination of historic homes and businesses, the natural setting with a lake and river and the more than 100 acres of parkland that make Niagara-on-the-Lake the place to be.

Markus said the theatrical performances are a major draw as a local theater group performs plays written by George Bernard Shaw in three theaters in town. When thespians aren't on stage, musicians give concerts in the park. It also has perimeter parking that is similar to the recommended parking scheme for Birmingham's Shain Park.

A bus trip to Canada was suggested at a recent city commission meeting, but only one of seven members has thus far endorsed the idea. Markus said the commission, the planning board, the historic district and design review commission and city staff could take the trip.

The commission recently hired noted urban planner Andres Duany's to design a possible expansion of Shain Park. The contract calls for a design based on Duany's recommendations in the Downtown Birmingham 2016 Plan -- a city planning document that is supposed to guide Birmingham for the next 14 years.

In that basic design, Duany recommended expanding the park into an adjacent city parking lot.

In 1997, the city spent some $260,000 on a set of plans that fizzled, but Duany wasn't involved. Back then, some city officials said the design firm of Schervish Vogel/Luckenbach Ziegelman went overboard with its concept for the park.

The Schervish Vogel plan called for an estimated $18 million in improvements including an acoustic band shell on what is now parking lot No. 7.

When users of the parking lot demanded replacement spaces, a $9 million parking structure was included in the design. The plan was eventually scrapped in 2000 as being too ambitious and too costly.

Duany is also planning a residential community in Niagara-On-The-Lake.

Visit http://www.google.com/search?q=niagara%2Don%2Dthe%2Dlake for a list of Niagara-on-the-Lake links.


11) Options sought for liquor licenses

Sept. 8, 2002

From the Birmingham Eccentric

By Larry Ruehlen

With the price of a Class C liquor license approaching $300,000 in Birmingham, Elie Mondalek is looking for a cheaper way to offer his customers a glass of wine.

"I spent every penny I had to open this place," said Mondalek, owner of Elie's Mediterranean Cuisine, 263 Pierce. "Without a license, I don't believe I can stay in business."

Under state law, liquor licenses are allotted based on a city's population and Birmingham has none left. License holder's may sell them and often do for hundreds of thousand of dollars in Birmingham -- too much for Mondalek and other small restaurateurs to afford.

Resort liquor licenses are another option. State law, however, requires applicants to spend $1.5 million on their businesses before the State Liquor Control Commission will issue a resort license for $500. Mondalek said a third option exists -- transferring a license from outside the city -- but the city hasn't been willing to cooperate.

"It seems like they (city leaders) aren't too interested in approving the transfer," he said. "...But look at all the empty stores. If this city doesn't start taking care of the businesses it has left, what's going to happen?"

Mondalek said buying a license from another community in Oakland County is much cheaper than $300,000, but the city would have to approve the transfer to Birmingham. Royal Oak went down that road in the 1990s and soon became inundated with resort licenses and transfer requests.

"There are legal ways around the quota," said Birmingham City Attorney Tim Currier. "But the bottom line has always been how many liquor licenses does Birmingham want in town."

Mondalek said he will buy a license if the Birmingham City Commission will change its policy against approving transfers from other cities. Currie
said the city hasn't approved transfers in the past.

The commission asked Currier to write a report on the current liquor license issues in the city. One possible scenario, said Currier, is for the city to allow a predetermined number of resort licenses or transfers.

"We would have the benefit of Royal Oak's experience," said Currier. "But the issue would be one of maintaining local control."

Mondalek said current bar and restaurant owners would likely oppose changes to the rules.

"I understand them trying to protect their investment," he said. "But the little guys in this town can't compete."

The Commission will meet in a special workshop session Nov. 11 at 8 p.m. at City Hall to discuss liquor licensing policies.


12) Crosswinds development entangled in red tape

Sept. 5, 2002

From the Birmingham Eccentric

By Larry Ruehlen

After six years of planning, a development that was supposed to redefine living on Birmingham's east side may be in jeopardy due to extreme attention to detail.

"They set up a Catch-22 for us," said Bob Gibbs, an urban planner who helped design Eton Street Station. "We did everything they asked, and now they say the site plan has expired."

On Wednesday, Aug. 28, Crosswinds Communities went before the Birmingham Planning Board to show, among other things, samples of fencing and mortar. Members of the planning board had asked to see the samples before removing the conditional status from the project's final site plan approval. When Crosswinds came back before the board, company officials were told the board couldn't take action because the site plan had expired.

Dick Schram, an official with Crosswinds, said the company was considering its options and refused to comment further.

Bruce Thal, a member of the planning board, said Crosswinds didn't get a building permit within the one-year time limit.

"It's just one of those technicalities," said Thal. "We have to do what the ordinance says. It may be inconvenient, but it will all get worked out."

Crosswinds did get a demolition permit and permission to put a construction trailer at the site. The crux of the matter is whether the city could issue a building permit with the site plan still unresolved at the planning board level. City Attorney Tim Currier was expected to issue an opinion later this week.

Gibbs said the project was intended to bring $70,000 condos to the city but the price kept going up as the planning board demanded changes over a period of years. After eight extensive site-plan redesigns, the estimated sale price of the units is approaching $200,000, said Gibbs, and the project still isn't close to getting built.

"I thought it was unfair," said Gibbs. "They say they want affordable housing and then this... the planning board contradicts itself all the time."

The proposed development on Eton south of Maple has 122 live/work units, 54 attached townhouses and 11 accessory buildings planned. It is intended to provide affordable housing and a place where artisans can create and sell their wares. In March, developers narrowly met a deadline to acquire 50 feet of right-of-way.

In the past year, the planning board and Birmingham City Commission have approved many changes to city zoning classifications to reduce the heights of buildings. One such amendment reduced the allowable heights of buildings in the city's mixed-use district from 45 to 40 feet. Since Eton Street Station was approved at 45-feet high, the developers may now have to redesign the entire project to conform with new city rules.

Birmingham City Commissioner Seth Chafetz, who lives on Eton, wasn't happy about the latest delay.

"We thought this would have moved forward much faster," said Chafetz. "We are wondering why the shovel isn't in the ground."

Planning Board Chairman Gary Kulak, an artist, once urged Crosswinds to put more store fronts on the ground floor of the development.

Gibbs said that wasn't practical.

"The chairman has always wanted commercial on the first floor of every building," said Gibbs. "But we've never had a single citizen complaint about this project."

Dorothy Conrad, a resident who lives in the Eton corridor, said the developers were treated badly at the planning board meeting. She also said the east end of town desperately needs the project.

"We were fortunate to have someone who was willing to come in and fix up a crappy piece of polluted property," said Conrad.

Kulak could not be reached for comment.


13) City weighs extension of sidewalk on Adams

Sept. 5, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Children walking to school on the city's east side won't have to dodge traffic if city officials agree to spend $400,000 to bridge the gap in a sidewalk on Adams Road, south of Big Beaver. And that's an investment the Birmingham City Commission seems willing to make.

"We have a flag that says we are a walkable community," said Dante Lanzetta Jr., a member of the commission. "... And I would hate to say we are going to abandon the walkable community (concept) because we don't want to put our money where our mouth is."

The city is planning to replace a four-lane bridge on Adams in the winter of 2003 at an estimated cost of $3.5 million. The federal government is picking up 95 percent of the cost. The current plan calls for a sidewalk on the east side of the bridge but the city is considering adding one to the west side as well to close a gap that would force pedestrians to cross a busy intersection.

City engineers are studying two options for adding a second sidewalk, but preliminary estimates peg the city's cost of doing that at $400,000.

Students who attend nearby Derby Middle School would benefit from the additional sidewalk; so would bike riders and joggers.

"Children are going to be walking to school there," said Birmingham City Commissioner Seth Chafetz. "It's kind of ridiculous not to put a sidewalk in. The lifespan of the project is about 50 years, and I think it was a mistake not to have a sidewalk there in the first place."

Birmingham resident Ann Bray asked whether the city knew how many people actually use the sidewalks on a daily basis.

"It would be worth looking into before you go into this huge expenditure," said Bray.

City officials said they hadn't done such a survey.

Another resident said it would be too dangerous to leave the second sidewalk out of the plan while a third said the cost was too high.

In the end, the commission asked city staff to conduct more research, contact residents in the area and report back at an 8 p.m. Sept. 30, meeting at the city offices at 151 Martin.

The bridge was built in 1930.


14) Editorial: Cut it out, already

Sept. 5, 2002

From the Birmingham Eccentric

In Birmingham's continuing effort to regulate everything on the face of the earth - at least within city limits - it is drawing fire from some residents who have been hit with hefty fines for not cutting their grass.

Sure, no one wants to live next to a weed-filled lot or a mini-hayfield. But $270 is an outrageous amount to charge for cutting the grass. Further, the city does not give notification to the offending property owner that it is going to cut the grass. It merely publishes notification of the grass ordinance in the city newsletter and in the press.

Some people don't see it, and there can be extenuating circumstances, such as illness. The city government doesn't have to rush in with its own lawnmowers and bill for $270.

Birmingham should rethink this whole practice and start getting out of people's hair - and grass.


15) Letter to Eccentric: Respect Quarton Lake

Sept. 5, 2002

I read with interest Larry Ruehlen's article ("Some simmer over Quarton proposal" - Aug. 11) in which he suggested that the initial reactions to the first proposal for Quarton Lake Park by Wade-Trim might spark a "class war" in Birmingham.

As a member of The Mill Pond Association and a property owner on Lakeside, I would like to offer my thoughts on the situation.

I believe that all of the people on the east side of Quarton Lake - the homeowners on Lakeside between Mill Race and Oak - very much understand that Quarton Lake Park is a community park and that it is not just for our personal use as some have suggested we feel.

We all recognize that, concurrent with the dredging project, now is the time to clean up the park and effect any changes that will put it in good stead for the years to come.

To be clear, our principal objections were centered mainly on the amount of "man-made" structures in the original proposal and the positioning of the parking spaces in the park.

The biggest issue in my mind is the parking situation.

I own the home closest to the current parking site on Lakeside. We have had to call the police several times due to noise coming from the cars parked there.

I ran around the lake early last evening as part of my evening jog and saw what I'd like to believe is the intended use of Quarton Lake Park. Unfortunately, by 10 last night there were cars in the lot with their windows open playing music and, when I went out this morning, the obligatory broken beer bottle was on my driveway.

While I don't think the "night" crowd should spoil it for everyone, very careful consideration needs to be given to the situation and any plan that includes parking must also include cooperation by the agencies that will police that parking.

In summation, if there is to be a "class war," it will be between those with the class to respect the park and its neighbors and those with no class who view the park as simply another place to make noise and leave their garbage.

Hugh Broder
Birmingham


16) Letter to Commission: Road work needs work

Sept. 5, 2002

The citizens of Birmingham and the surrounding neighborhoods need your help. We have suffered through several road construction seasons of terrible traffic gridlock created by concurrent construction projects in the same area. This summer there have been construction projects on 14 Mile Road, 15 Mile Road (Maple Road), 16 Mile Road (Big Beaver Road), Woodward (at Maple), Coolidge Highway, and the closure of Adams Road. All of these projects have been within a few miles of each other at the same time. The Adams road detour actually was routed through two other construction sites.

After many years of neglect, we all agree that the roads are in need of repairs. However, they do not need to all be repaired at the same time. This is simply poor planning. Construction always causes traffic problems. Multiple construction projects in the same area exponentially exasperates the problem. It causes horrific traffic jams and virtual gridlock. We cannot get to work on time, we cannot get home on time, we cannot get our children to school and day care on time. Sitting in a traffic jam for long periods of time to travel a short distance every day is infuriating.

My calls to the Oakland County Road Commission have largely fallen on deaf ears. I was told that there is a short "construction" season available in Michigan. They are simply trying to get as much done during this season as possible. I find this unacceptable. We must strike a balance. They need to find a better way to complete as much road work as possible without causing the gridlock they have been to date. Completing one project before stating another one in the same area would be a good start. They need better project management and coordination with the other affected parties, such as, utilities, contractors, and local communities. As customers, we are discouraged to drive by these constructions sites every day and notice work actually being performed less than half the time. We see no sense of urgency with most of these projects. The interruption to our lives has very little importance to these construction project planners.

I realize that we cannot go back in time and remove all the suffering these projects have caused us in the past three years. But, enough is enough. We need your help to accomplish two things: 1) Make sure all the proper parties are aware of our frustration. 2) Make sure this type of poor planning and disrespect for the citizens of these communities does not continue!

I would also appreciate it if you could suggest anyone else I should contact to be sure this type of activity is terminated. Thank You for your help.

Bill Artzberger
Birmingham


17) Restaurants revitalize business district

Sept. 4, 2002

From the Detroit News

By R.J. King

Six years ago, foot traffic dwindled in downtown Birmingham as many well-heeled shoppers opted for the newly-opened addition to the nearby Somerset Collection in Troy.

But an influx of restaurants and entertainment venues has pumped up occupancy levels among Birmingham merchants from roughly 80 percent in 1996 to more than 95 percent today. Now another wave of restaurants is on the way.

By next summer, four large restaurants are expected to debut in Birmingham, three of them in the new Uptown Palladium 12, a $40 million movie house that opened at North Old Woodward and Hamilton last fall. A high-end seafood house, to be called Mitchell's Fish Market, will open early next year at the Willits, a new condominium project at Bates and Willits.

"Downtown Birmingham is in the midst of a restaurant and entertainment expansion, complemented by new residences," said Phillip J. Cody, president of the Cody Co., a retail brokerage and consulting firm in Farmington Hills.

"That combination has worked in Royal Oak, Rochester and Northville, and around the country," Cody said. "People are eating out more often, they're looking for more entertainment and more people are looking to live in a downtown district. But as more people come, leasing rates rise as well."

Cody said commercial rents in Birmingham averaged $6 to $8 a square foot in 1980; rose to $15 to $16 a square foot in 1990 and now stand between $25 and $45 a square foot. The rising rents contributed to the closing or relocation of several merchants, while others struggled, Cody said.

Elie Mondalek, manager of Elie's Mediterranean Cafe, a 65-seat restaurant that opened a decade ago in downtown Birmingham, said he has noticed more people in the district in recent years, but rising rents and the escalating costs for liquor licenses have been a challenge.

"When I opened, a liquor license here might have cost $175,000, now it's at $400,000 and I still can't get one," Mondalek said. "The city should allow for more liquor licenses or people like me will go out of business."

John Heiney, executive director of the Downtown Birmingham Principle Shopping District, the promotion arm for more than 700 businesses, said the influx of new food, retail and entertainment offerings bodes well for everyone.

"The more people you bring to a downtown district, the better everyone is," Heiney said. "We have events planned on nearly every weekend, and that has helped bring in crowds. I would argue that Birmingham has one of the best downtown districts in the country."

Jim Weiner, president of Related Retail Co. in Birmingham, who helped develop the new movie houses, restaurants, upscale residences and a handful of new stores, said the projects have been a success.

"The nightlife in downtown Birmingham has been terrific," Weiner said. "The sidewalks are alive with people, and this is the place to be."

Early next year, Weiner will add three venues to Uptown Palladium 12. The 12-screen movie house will offer a new bistro called City Cellar, a restaurant offering American fare, and Blue Martini, which will serve light meals mingled with entertainment. Next door will be a pan-Asian restaurant.

The first two venues are now under construction, while the third is in final lease negotiations, Weiner noted.

In the Willits, Mitchell's Fish Market should be joined by Illusions by Sherri, a day spa, along with a bank. Leases have been signed for the eatery and spa, while the bank deal is expected to be completed soon, Weiner said.

In the overall downtown district, more than 20 other businesses have been added in the last year, and another four companies are starting to open their doors, including Habatat Gallery, Batista Gallery, Birmingham Tailor and Side Street Bar-B-Q, Heiney said.

18) To be removed, send email to info@bhambuzz.org.


-------------------------------------------------------------------------------
THE BIRMINGHAM BUZZ
"The cardinal sin, when we are looking for truth of fact
or wisdom of policy, is refusal to discuss, or action
which blocks discussion." -- Sidney Hook
------------------------------------------------------------------------------

Buzz # 28 -- Sept. 3, 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 Ethics 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) Help the Buzz's fall subscription drive
2) Upscale retailer eyes Jacobson's
3) And the winner is ...
4) Quarton's carp are doomed
5) Duany to look at Shain Park expansion
6) Editorial: Let's allow a few more liquor licenses
7) Commission clears way for downtown lofts
8) Building height issue resurfaces as Plan Board tries to tie approvals to impact on 'light,' 'air'
9) City whacks fees to some for cutting grass
10) Editorial: Sane site plan rules needed
11) Editorial: Commission uses good judgment in acting on Planning Board recommendations
12) In other action...
13) Latest Quarton Lake park plan posted
14) City eyes tougher building approvals
15) Kroger plaza opening near
16) Editorial: City should seek balanced approach
17) To be removed, send email to info@bhambuzz.org
{{PERIOD}}

1) Help the Buzz's fall subscription drive

Sept 3, 2002

Labor Day is behind us, most of us are back to work and school, and the Buzz needs your help! New subscribership was relatively flat over the summer, and it's time to give it a boost.

If you like the Buzz, help spread the word. Send a copy -- or just a link -- to all your Birmingham friends and neighbors.


Within a couple of months, we'll be just one year away from the next big city election, in which four commission seats will be open. It is essential that Birmingham residents are informed and prepared to vote intelligently in the next election.

Spread the Buzz today!


2) Upscale retailer eyes Jacobson's

Sept 1, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Lord & Taylor is reportedly interested in one or both of Jacobson's department stores in Birmingham if the price is right.

Company officials would not reveal details of a possible deal, but Lord & Taylor has asked the city to pursue Jacobson's holdings in Birmingham, which will be auctioned off Sept. 18 by Chicago-based Hilco company.

Lord & Taylor wants the city to purchase Jacobson's property in exchange for a lease agreement with the city.

Even though many city officials have said the city needs an anchor department store, such a deal is unlikely because the city would have to spend millions to buy the land without benefit of a Downtown Development Authority.

A DDA captures tax revenue in specific zones that can then spent on dedicated projects. Typically, DDA's are formed in economically depressed areas.

Earlier this month, Dan Jacob, a broker with Southfield-based Signature Associates, said two other department stores, Parisian, an Alabama chain with 41 stores, and Von Maur, an Iowa-based retailer with 18 stores, were also interested in the property. Jacob said bids for both Birmingham Jacobson's locations are hovering around $15 million.

The buildings will go to the highest bidder.

Jacobson's defaulted on a line of credit of up to $100 million and is now bankrupt and its assets are being liquidated.

The Birmingham City Commission met in closed session Monday to discuss possible land acquisition. Neither members of the commission nor city staff would discuss the topic of the meeting.


3) And the winner is ...

Sept. 1, 2002

From the Birmingham Eccentric

Carol Greenslade is no Susan Lucci.

The public relations executive and losing candidate in the 2001 Birmingham City Commission election was unceremoniously appointed to the Birmingham Area Cable Board Monday on her first try. Lucci, who plays Erica Kane on the ABC soap opera All My Children, was nominated 19 times before winning an Emmy in 1999.

Though none of the 2001 commission candidates have suffered snubs on par with Lucci, Greenslade's appointment ended a severe drought for those seeking some type of office in the city. Julie Plotnik has tried and was rebuffed four times and John Henke III tried nearly as many times before lamenting that he was the "Susan Lucci" of Birmingham politics.

Greenslade said she is earnestly interested in the activities of the board and did not intend to use it as a stepping stone to higher office. Plotnik, who still attends every commission meeting, said she came close to getting the nod when she applied for a spot on the traffic and safety board. When another application was found at the last second, Plotnik was passed over again.


4) Quarton's carp are doomed

Sept. 1, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Carp in Quarton Lake better swim somewhere else or they'll be dead by mid-January. And it is likely the fish and murky water will return despite the $1.75 million dredging project approved by the Birmingham City Commission Monday.

"The carp will probably come back because they are in the ecosystem," said Margie Kuhn, an engineer with Hubbell Roth & Clark. "And there is no guarantee that 20 years from now, carp won't be the dominant species of fish in the lake."

The last time the city dredged the lake was 1972. It killed the carp then, too, but the plodding scavengers made their way up the Rouge River back into the lake.

Kuhn said other fish, turtles and amphibious wildlife will likely perish during the dredging process.

Birmingham resident Nidia Foley said she is prepared for the mess that comes with dredging but wanted results.

"Will we have to do this work every 30 years?" asked Foley. "I heard all the horror stories from the '70s. I want to be assured that the bottom of the lake will be improved."

Kuhn said the city will improve the lake bottom with the objective of extending the number of years between dredgings by using sediment traps and working to identify and reduce sediment from upstream sources.

But unless land-use practices change in the area, the sediment will probably return over time, said Kuhn.

Other residents wanted to know if draining the lake will provide breeding grounds for mosquitos carrying the West Nile Virus -- a potentially fatal illness mosquitoes can pass to humans.

Bill Stone, another consultant with HRC, said studies have shown that the species that carries the virus lives in backyards and not marshes.

"The work we are doing is not going to increase the type of mosquito that carries the virus," said Stone. "Hopefully, the marsh we create will be deep enough to eliminate breeding."

Another problem residents wanted to know about was the expected stench that will rise from the shore as weeds and muck are dragged from the lake and hauled away.

Kuhn said the cold weather should help ease, but eliminating the odors is impossible.

A tentative schedule for the project is as follows:

* Draining the lake -- two weeks in October.
* Dredging the lake bed -- the months of November and December.
* Kill carp -- three days in January.
* Refill lake -- later in January.
* Shore stabilization -- March to May.
* Stock fish -- one week in April or May.
* Restore banks of lake -- one week in May.

The city's share of the cost is 52 percent, or $919,000, and grants will pay for the rest. The city's funding will come from the parks and recreation bonds that voters approved last fall.


5) Duany to look at Shain Park expansion

Sept. 1, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Noted urban planner Adres Duany has been hired to take a second look at expanding Birmingham's Shain Park.

On Monday, the Birmingham City Commission voted 5-2 to spend $10,000 to have Duany's firm design an expansion based on his recommendations in the Downtown Birmingham 2016 Plan.

"There is a provision in the contract for a Duany visit," said Birmingham City Manager Tom Markus. "But we aren't sure if that will be necessary at this point."

In 1997, the city spent some $260,000 on a set of plans that fizzled, but Duany wasn't involved. Back then, some city officials said the design firm of Schervish Vogel/Luckenbach Ziegelman went overboard with its concept for the park.

The Schervish Vogel plan called for an estimated $18 million in improvements including an acoustic band shell on what is now parking lot No. 7 across from The Community House.

Users of the parking lot -- many of whom frequent The Community House -- demanded replacement spaces, and a $9 million parking structure was included in the design. The plan was eventually scrapped in 2000 as being too ambitious and too costly.

At a meeting in June, Birmingham City Commissioner Dante Lanzetta Jr. raised the idea of going back to Duany's basic plan. The city asked for Duany's opinion and finally received a "yes" on Aug. 22.

Markus has said the city could maintain parking and expand the park by installing underground parking. But the majority of the commission has been less than supportive of spending $30,000 to $38,000 per space for an underground lot.

Duany's original Shain Park concept added parking on Merrill Street and around the perimeter of the park. Lot No. 7 has 142 spaces and the city isn't sure how many spaces could be accommodated within Duany's plan. Visit http://www.bhambuzz.org/images/Shain_0001.jpg to see Duany's original concept drawing.

A legal hassle could erupt if the city decides to expand the park into what is now Lot No. 7.

Birmingham City Assessor Sherry Lee said in May 2001 that private property owners paid 40 percent of the $369,000 cost of the lot so the spaces would have to be replaced. If the city expands the park and chooses not to replace the parking spaces, it would have to compensate the tax payers for the loss of parking, said Lee.

Birmingham City Attorney Tim Currier later said the city wouldn't have to compensate businesses or replace the spaces. He cited a legal case that allowed the city of Dearborn to sell part of a parking lot that had been created through a special assessment district.

According to a memo from Duany's Miami-based firm, a first draft will be submitted Oct. 1 with a final plan expected by the end of October. If Duany visits Birmingham, it will cost an additional $3,500 per day plus expenses.


6) Editorial: Let's allow a few more liquor licenses

August 30, 2002

Elie's Cafe. Salvatore Scallopine. Pita Cafe. Ronin Sushi Bar. Peking West. Cosi. Kettles 'n Krepes. Sy Thai. Side Street Bar-B-Q. Magic Thai. Tokyo Sushi. Maple Street Cafe'.

What do they all have in common?

Better to ask: What do they all lack in common?

To frequent Birmingham diners, the answer is simple. They all lack liquor licenses.

Whatever the future holds for traditional retailers in Birmingham (and given the victory of Somerset over Jacobson's, that future is far from clear), one thing is certain: Birmingham's future as an entertainment venue is bright.

Whether conservative residents who cringe at the crowds downtown like it or not, movie theatres, restaurants and bars contribute greatly to the city's vitality -- and its tax base. But it's hard enought to succeed in the restaurant business if you have a liquor license. Without one, you're at a disadvantage.

The number of licenses in Birmingham is limited by its population. Such a limitaton doesn't make sense for a town like ours whose attraction to visitors is so out of proportion to its size.

That's why the suggestion of Elie Mondalek, owner of Elie's Cafe, is so appealing. Mondalek surprised many last Monday night when he informed the City Commission that, with their blessing, a Class C license could be purchased elsewhere in Oakland County and transferred into Birmingham.

City Commissioner Donald Carney seemed to embrace the idea, or at least its simplicity, when compared with earlier suggestions that the city seek so-called "resort" licensing.

Mondalek's is an excellent idea, and the City Attorney ought to research it immediately and bring his findings to the Commission. A decision to allow a few more liquor licenses in town, with appropriate controls, could help assure the success of our budding entertainment industry, and help replace the tax revenue lost from Jacobson's closure.

The Presidents Council and its matron, Dorothy Conrad, have been pushing for more beer and wine licenses, but haven't offered any solid suggestions about how to get them. At Monday's meeting, Conrad spoke in opposition to Class C licensing, presumably because it would allow the demon liquor. We fail to see the difference between a bottle of Bud and a gin and tonic. We think Conrad is living in the past, and trust the city and the open market to continue to impose sufficient controls on the sale of alcohol in Birmingham.


7) Commission clears way for downtown lofts

August 29, 2002

From the Birmingham Eccentric

By Larry Ruehlen

The carrot of higher profits is now dangling before developers' eyes, but only time will determine if affordable lofts will come to downtown Birmingham.

"If the market won't accept it, it won't go, but there is no risk," said Bob Gibbs, an urban planner. "You can cut the cost of an apartment in half, but I also think you should cut the onsite parking requirement for new construction."

Gibbs, one of the authors of the Birmingham Downtown 2016 Plan, was referring to a unanimous decision of the Birmingham City Commission Monday that is intended to bring affordable housing to the city.

Until Monday, the city required two parking spaces for every residential address downtown. The new rules eliminate parking requirements for lofts in 29 historic buildings downtown. Lofts can now be added to second or third stories of any historic building without providing parking spaces for residents.

Notable buildings that could replace upper-story offices with living space include the Briggs and Wabeek buildings on Maple.

Gibbs said the 2016 Plan, a city planning document that envisions what Birmingham could be like in 20 years from when it was drafted in 1996, encouraged more people living downtown. Gibbs said the city should get rid of all required parking for all residential projects including new construction. Parking is an issue because the price for land is steep downtown and developers often build expensive units to recoup costs.

Recent condominium projects have included underground parking at $35,000 per space.

More than one building full of $1 million condos remains vacant downtown, and members of the Birmingham Planning Board said easing parking requirements should encourage developers to offer cheaper space.

City Commissioner Rackeline Hoff wanted to know where people would park.

City Planner Jim Sabo said about 4 percent of spaces in the city's parking structures are vacant at any given time. City Commissioner Seth Chafetz said parking won't be an issue because residents will need parking spaces in the evening when those who work in the city are gone.

The commission and planning board will discuss eliminating further parking requirements at a 7:30 p.m. Sept. 9, joint meeting at the Department of Public Works building at 851 S. Eton.


8) Building height issue resurfaces as Plan Board tries to tie approvals to impact on 'light,' 'air'

August 29, 2002

From the Birmingham Eccentric

By Larry Ruehlen

The debate over five-story buildings in downtown Birmingham was renewed Monday.

"If the intent is to clarify the ordinance, this doesn't do it at all," said Clinton Baller, a city resident. "It takes bad language and replaces it with more bad language."

Baller and several other residents spoke out at Monday's Birmingham City Commission meeting on a proposed amendment that would give the city planning board subjective powers to approve five-story buildings based on whether they block the light and air of neighboring residential and historic districts.

The proposed language would also let the board decide whether a five-story building is appropriate given the height, mass and scale of adjacent structures on abutting properties.

Bob Gibbs, an urban planner with offices in the city, said the new standard would be too subjective and that any five-story building could block the sun or air from reaching area structures.

He said under a strict interpretation of the proposed ordinance the city could be "taking away development rights altogether."

Commissioner Seth Chafetz said he thought the new rules would allow more five-story buildings downtown, but his colleague, Rackeline Hoff, said just the opposite was true.

City Planner Jim Sabo tried to clarify the new language but said it was based on subjective factors that the planning board would have to interpret.

Last fall, hundreds of people packed The Community House for a four-hour public hearing on eliminating future five-story buildings entirely. The meeting location was changed when an overflow crowd showed up at city hall, and the commission eventually decided against amending the city ordinance.

That debate was heated with merchants vehemently opposed to the changes and developer Ted Fuller threatening a recall against some members of the commission. Historic preservationists said recent construction projects were too big for the city and didn't fit in with the historical character of downtown.

In the months that followed, the commission subsequently lowered maximum heights for four- and five-story buildings in the overlay zoning district. Developers said the move would kill quality projects.

This proposed language stops short of outlawing five-story buildings, but it would, if approved, give the planning board subjective powers to approve or deny any five-story building in the city's overlay zoning district.

Commissioner Russell Dixon asked for specific diagrams and visual aides to be prepared that would illustrate the impact of the new language. The matter will be a topic of discussion at a joint meeting between the commission and planning board at 7:30 p.m. Sept. 9 at the city's Department of Public Services building at 851 S. Eton.


9) City whacks fees to some for cutting grass

August 29, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Jennifer Walker refused to pay the city $270 to cut her grass.

"While section 9.42 provides that the work will be done 'at the owner's expense,' it does not provide that owners will be charged 11 times the market rate," she said, in a letter to the city.

On Monday, the Birmingham City Commission heard a host of similar complaints from residents who had been charged the city's customary fee for cutting grass that is too tall.

Walker said her lawn wasn't more than 8-inches high so she was surprised when a worker showed up to cut it. She also said she called several lawn companies and got quotes ranging from $18 to $25 for the same work the city charged $270.

"I even called the attorney general about this," she said, asking whether the city fee could be in violation of usury laws.

City Attorney Tim Currier said that's how much the city pays its contractor and all costs are a direct pass-through to residents.

Bob Fox, assistant director of public services, said the city doesn't want to be in the grass-cutting business and people should get the hint and cut their grass in a timely manner.

Birmingham resident Charles White said medical problems and a broken mower made it difficult for him to cut the grass. He eventually enlisted the help of a neighbor, but the city still sent a crew to cut the grass and White later got a bill.

Members of the commission said they sympathized with the residents. Commissioner Rackeline Hoff suggested cutting the bills in half for all but one person, who was a repeat offender.

Commissioner Dante Lanzetta Jr. warned against cutting them a break and said the move would effectively set a new price for the service. He also said that taxpayers who do cut their grass would be subsidizing those who don't because the city would still have to pay the entire amount to the contractor. The majority of the commission sided with the residents and cut the bills in half.

The city's weed and grass ordinance kicks in May 1 and most complaints come from residents. The city posts a warning in the newspaper and gives offenders 10 days to comply, but after that, a crew of weedwhackers is dispatched and a hefty bill is mailed out by the city.

The same ordinance also prohibits someone from storing rank vegetation, dead grass, weeds or brush and outlaws poison ivy, ragweed or any other poisonous, noxious or unhealthy vegetation.

Birmingham charges $135 per half-hour for lawn-related services and typical fees range from $100 to more than $600. And anyone who fails to pay up is hit with a 10 percent penalty and the final amount is added to the annual city tax bill as a special assessment.

Last year, the city dolled out more than $31,000 in grass-cutting bills to residents.


10) Editorial: Sane site plan rules needed

August 29, 2002

From the Birmingham Eccentric

Once again, Birmingham city government is looking at tightening its restrictions on buildings. And once again, we sound a note of warning.

This time, the city planning commission is looking at the site plan approval guidelines. Being proposed are some restrictions that defy logic and could open the city up to lawsuits.

The new guidelines specify that buildings should not block sunlight or the free flow of air to surrounding buildings.

Seriously.

Well, any structure that extends up from the ground is likely to block some sunlight. And just what constitutes the free flow of air is debatable.

And therein lies a key issue of contention - ambiguity. In some cases, ambiguity deliberately is built into laws or regulations. Indeed, the U.S. Constitution is grounded in ambiguity so it would remain a flexible document.

Site plan regulations should not be flexible documents. People who are making often multi-million dollar investments in buildings are in no mood to debate how freely the air is flowing.

The point has been made that other towns have such language in their regulations. Regardless, that would not stop developers from suing the city if they feel they are being singled out by arbitrary restrictions.

The concept behind the restrictions, that every building should relate to its surroundings, is sound. But that can be achieved by working with developers - not against them.


11) Editorial: Commission uses good judgment in acting on Planning Board recommendations

August 28, 2002

The Birmingham City Commission made a couple of good decisions Monday night when it acted upon two recommendations from the Planning Board. One of the recommendations was good, and the Commission accepted it. The other recommendation was bad, and the Commission wisely rejected it.

Let's start with the good.

The Commission accepted a recommended change to the zoning ordinance that eliminates a requirement for on-site parking for certain downtown residential units. It affects any unit in the second or third story of an existing "landmark" building. Some 70 buildings in the Central Business District are affected.

The idea is to encourage more affordable housing downtown, and it is likely that rental units soon will begin to appear on the market as a result of the Commission's action. Occupants are expected to lease parking in the city's garages.

The next logical step, which the Commission did not take, but which it ought to take, is to extend this rule to all floors of all downtown buildings, including newly constructed ones.

Now the bad.

Attempting to "clarify" a poorly written section of the ordinance that dictates when the Planning Board can allow a fifth story, the Board recommended language that was no more clear, and just as poorly written.

Click here to read the suggested change for yourself.

One of the substantive proposed changes was to eliminate an architectural prescription regarding eaves and cornice lines and substitute it with a vague prescription regarding "light" and "air." This was a prelude to what many expect the Planning Board will recommend for residential neighborhoods.

The suggested language was so vague that Commissioners Rackeline Hoff and Seth Chafetz reached diametrically opposed conclusions about its meaning! The Commission wisely referred the matter to city staff -- notably not the Planning Board -- for further work.

By the way, the Commission took no action on the Planning Board vacancy created when Charles Tholen resigned several weeks ago. At an earlier meeting, Commissioner Donald Carney urged fellow commissioners not to accept Tholen's resignation in the hope that he would reconsider. He hasn't, and has been absent from Planning Board deliberations since his resignation.


12) In other action...

August 28, 2002

In other action Monday night, the Birmingham City Commission:

* Gave final approval to an addition to the First United Methodist Church. More than 100 parishioners turned out for this and other city meetings on the plan.

* Gave city staff the go-ahead to bid the Quarton Lake dredging.

* Agreed to hire Andres Duany to draw up a detailed plan for the expansion and improvement of Shain Park. Duany drew a concept plan for the park in his 1996 Downtown Birmingham 2016 Plan.

* Agreed to further discuss a proposal from Elie Mondalek, owner of Elie's Mediterranean Cuisine, on Pierce St., to allow the transfer of an out-of-town Class C liquor license into Birmingham. To the surprise of some on the Commission, state law would allow the transfer of Class C licenses from another community into Birmingham, provided that the transfers are approved by the City Commission.

Click here to read the complete agenda and packet from Monday night's meeting, or right-click the link to download the packet to your computer for faster, off-line viewing.


13) Latest Quarton Lake park plan posted

August 27, 2002

The Buzz has posted the latest plans for the park around Quarton Lake. The plans were drawn by city consultant Wade-Trim and were revised after public input. Visit http://www.bhambuzz.org/images/quarton2a.jpg to see the plan.


14) City eyes tougher building approvals

August 25, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Future commercial development projects could be killed based on subjective opinions of the Birmingham Planning Board if proposed changes to a city ordinance are approved -- a situation that has at least one member of the board concerned

"While some or even many points are OK, the total appears to be of a most restrictive nature that could preclude almost any development being approved," said planning board member Bruce Thal, in a city memo.

Thal was commenting on a proposal to rewrite the city's current site plan approval guidelines. Sweeping changes are proposed that would make it illegal for new structures to block sunlight or air flow from reaching surrounding buildings.

Nicholas Lomako, senior vice president of Wade-Trim Assoc., the city's planning consultant, said such ordinances, though based on subjective standards, are legal and common in other communities.

"This is based on the concept that every building must relate well to its surroundings," said Lomako.

The new language is six pages long and a few key points state:

New buildings would have to fit in with the character, type and size of area structures.
The visual impact of a building would be measured by its relationship to other buildings and the rhythm of structures and open spaces on the street.
When large new buildings are constructed, they must be compatible with neighboring buildings even if that requires making the new structure "appear small."
Lomako has been asked to make the new guidelines more user friendly and report back to the planning board, which will likely vote on the proposal at a meeting in September.

The planning board makes recommendations to the Birmingham City Commission. The commission can modify the language, approve it as is, reject it or ask for further study.

Last year, the planning-board initiated major changes to zoning language that reduced height limits for new construction in the downtown overlay zoning district. The changes were approved by the city commission shortly after the 2001 city election, when a slate of candidates that promised to check development won.

At the time, Bob Gibbs, an urban planner who worked on the Downtown Birmingham 2016 Plan, said the changes "took the heart out of the 2016 Plan," and would lead to lower quality buildings downtown because developers who once spent extra money to build elaborate buildings under D-4 zoning in return for the added height would now opt to build under the less-stringent B-4 zoning, which doesn't require first-floor retail, glass storefronts or stone facades.

Planning Board Chairman Gary Kulak could not be reached for comment.


15) Kroger plaza opening near

August 25, 2002

From the Birmingham Eccentric

By Larry Ruehlen

After more than a year of construction snafus, Jack Leone may soon toss his first gourmet pizza in the air.

"The developers have worked very hard to make this right and we are getting there," said Leone, on the progress of the Kroger's shopping plaza at 685 E Maple. "We hope to be open the week of Aug. 26."

The project fell more than a year behind schedule when Southfield-based First Commercial Realty & Development butted heads with the city of Birmingham over how the building was being constructed. City officials said the company wasn't following approved blueprints and slapped a stop-work order on the site. A review revealed changes to the parking lot, the height of the building, and the locations of doors and walls.

Warren Terrace, executive vice president of First Commercial, said the company has had to overcome its fair share of difficulties with the city but "things should start working better now."

Terrace also said he has signed leases with Q-doba, a Mexican take-out restaurant, and Bruce White Galleries, an art and framing shop. Q-doba and the gallery should be open in a month or so, said Terrace. He is also negotiating with possible tenants for the two to three remaining spaces.

Lou Dortch Jr., owner of several Q-doba franchise stores, said he opened a Royal Oak location in half the time it took to do so in Birmingham. The Royal Oak Q-doba took less time because it was a remodel of a current space, said Dortch, but the actions of First Commercial combined with the political climate in Birmingham didn't help matters.

"It's been a real nightmare," said Dortch. "When we open depends on the developer, and that has been the case for the past two years."


16) Editorial: City should seek balanced approach

August 22, 2002

From the Birmingham Eccentric

The heat of summer is a good time to take a cool look at the status of Birmingham.

Not much - comparatively speaking - is happening around town as a lot of folks have gone on vacation. The tree ordinance has withered, construction goes on and nobody has resigned from the city planing department in days. Campaigning has been going on at a furious pace, but those offices are at a different level of government and there will be a lull while last week's winners regroup for the big push to November. That doesn't mean that issues aren't still out there, and certainly there will be more heat generated in the city commission chambers in the months ahead.

What we want to stress is that whatever the issue, the city needs to take a more balanced perspective on all matters.

It's clear, there is a strong anti-development sentiment in this city. To a large degree, that's why the current city commission was elected.

But it's also clear that there is a large number of people who, at the least, don't oppose further building in the city.

As in most cases, the answer lies in between, on a common ground. To flatly take one side or the other is not appropriate or productive.

That should be the standard for all city operations. Ordinances as well should be weighed in balance. Their cost should be equated with their results. For example, there was a benefit to the tree ordinance but in balance to what harm it might have done in infringing on personal property rights, it was not a good proposal.

Some merchants have suffered because the road construction being done on South Old Woodward affected their businesses. But in balance, the entire neighborhood will benefit from the project when it is completed, so the work is appropriate.

Of course, that doesn't mean there isn't room for improvements in the way things are done, even when done in a balanced manner. The merchants, for example, could have had better notice of what to expect with the construction.

There are other examples as well, but regardless of the situation or issue, taking a balanced approach in determining what will be done and when will benefit everyone.


17) To be removed, send email to info@bhambuzz.org
{{PERIOD}}

--------------------------------------------------------------------------------
BE INFORMED...GET INVOLVED...SPREAD THE WORD

Forward this email to friends, neighbors and anyone you know who is interested in EXCELLENCE for Birmingham.

Subscribe at http://www.bhambuzz.org/subscribe.htm