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In this edition:

1) Opinion: Plan Board again oversteps authority in thumbing nose at established parking policy
2) Parking plan shift could hit offices
3) Parks Board OKs skate park near Eton
4) Quarton Lake parking remains an issue
5) Pontiac, township agree on Bloomfield Park
6) Letter to Eccentric: Keep our town in context
7) Editorial: Keep path clear for Jacobson's site
8) Editorial: Planning Board is out of bounds
9) Fuller bids $4.2 million for Jake's Maple store
10) City set to acquire Barnum Center
11) City proceeds with $574,500 Adams sidewalk
12) Lake project begins; commitee OKs park plan


1) Opinion: Plan Board again oversteps authority in thumbing nose at established parking policy

Nov. 19, 2002

By Roger Gienapp

(Edited from our discussion group)

The latest Planning Board policy study on parking for office use in the central business district is yet another example of the Planning Board overstepping its authority and thumbing its nose at established public policy.

The City of Birmingham made a public policy commitment to centralized municipal parking structures with the construction of the North Woodward deck in 1966.

It created a special assessment district within which the property owners were taxed proportionally for the operation and maintenance of the deck.

Shared municipal parking has been the policy of this city for nearly 40 years, and the City Commission has at four different times reinforced that policy with the construction of additional municipal parking facilities.

Our entire zoning ordinance for the past 40 years has been crafted with shared municipal parking as the paradigm.

Now, Planning Board Chairman Gary Kulak has decided to undertake to rewrite the very public policy that Andres Duany called "remarkable for a city the size of Birmingham."

Taking up the sword dropped by former Planning Board member Chuck Tholen, Kulak has again raised the specter of a scarcity of parking as a means to throw a roadblock in the way of future development.

Kulak, a volunteer appointee on a board with limited legal authority to go beyond the relatively narrow review powers given the board by the City Commission, appears to have elevated himself to a position of increasing power and influence in matters of city policy.

Like every other member of the Planning Board, Kulak serves at the pleasure of the commission and is charged only with the implementation of land use plans that the commission has adopted.

However, Kulak has seized power largely because he has remained unchallenged by other board members, the public or the commission.

He is skillful at pushing the envelope of the role of the Planning Board in formulating city policy.

As long as he remains free to do so, he will continue.

He has successfully and masterfully managed, through the force of his personality and unabashed nerve, to make the Planning Board the policymaker, and the City Commission the body that implements policies developed by the board.

This time he cleverly and coyly suggests that his only motivation for requiring parking for office uses is because "...the last thing we want is to have all this development and not enough parking."

This disingenuous statement is nothing but a clumsy attempt to reinvigorate the discredited argument for putting the brakes on development and is based on outdated and faulty parking needs studies.

In the 1980 Birmingham master plan, which no doubt will be the basis for Kulak's assertion, the firm of Gerald Luedtke presented a parking needs assessment based on a straight-line relationship between square footage of proposed development and parking needed to support it.

The ratio of one space for each 300 square feet was used to determine that Birmingham would need far more parking than could be supplied in all five decks, but did so by assuming that all uses would operate equally at all times of the day and each day of the week.

This method absurdly predicted that if the entire central business district were developed at three stories, we would need 16,000 parking spaces!

This assessment, and subsequent studies by our own staff, were completely refuted and discredited by Duany in the preparation of the 2016 Plan and can be rendered hopelessly simplistic by simple observation.

The Urban Land Institute, in recent publications on the subject, supports the idea that parking needs cannot rationally be calculated in a straight-line fashion, but are dynamic by nature, resulting in a much lower number than formerly believed.

Office uses require parking primarily weekdays from 8 a.m. until 5 p.m., and these same office users are the very people who shop, eat in restaurants and use the service establishments in the CBD.

People who come just to shop or be entertained do so in the evening and on weekends.

For Mr. Kulak to raise this issueonce again and to say that office users may take up parking which will prevent shoppers from doing business in the CBD is at best ignorant of basic planning theory and at worst politically motivated fear mongering.

Planning Board members Brian Blaesing and Bruce Thal were right to challenge Kulak, and the City Commission would be right to do so as well.


2) Parking plan shift could hit offices

Nov. 17, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Building offices in downtown Birmingham could soon be more expensive as city officials are considering requiring all future offices to provide parking.

Currently, office-building users pay a special tax in exchange for the right to use city parking garages. But that arrangement could end if the Birmingham Planning Board gets its way.

"The last thing we want is to have all this new development and not have adequate parking," said Gary Kulak, chairman of the planning board. "... At this point, it is just a theory, and I don't know whether it's going to be a solution or not."

The planning board has asked for a legal opinion on whether it can force developers of office buildings to provide parking after years of the city providing the parking.

Brian Blaesing, a member of the board, has expressed concerns that the change would stop construction of office buildings and that the move could be seen as an attempt to ensure offices are not built on either of the Jacobson's store sites.

Kulak said the board began discussing office parking in the spring - before Jacobson's filed for bankruptcy. The ordinance does not target the former Jacobson's sites, Kulak said.

Birmingham developer Edward Fuller is the leading bidder for the Jacobson's Maple Road store. Fuller has already said offices may have to be built there, given the fact that department stores have thus far been reluctant to come to Birmingham.

Some members of the board have said they are trying to level the playing field between residential and office uses - residential already has to provide parking. Others have said there are enough offices in downtown Birmingham, and that the amendment is designed to discourage any more of them being built in town.

Fuller, however, has said demand for office buildings has remained constant while the need for retail has sagged.

One of the questions the legal staff has been asked to address is whether office uses would have to provide parking and still have to pay the city's special parking assessment tax. Another is whether the city can legally eliminate the option of the office users paying into the parking assessment district.

In the Downtown Birmingham 2016 Plan, urban designer Andres Duany said the city should encourage more residential and retail developments.

Bruce Thal, also a board member, said that could be accomplished by eliminating the parking requirement for residential downtown. Offering an incentive may get developers to build affordable housing downtown, he said. The majority of the board didn't like the idea and decided instead to pursue forcing offices to provide parking.

If the ordinance becomes law, offices could provide parking underground at an estimated $35,000 per space, have a parking lot on the ground floor and the building on stilts.


3) Parks Board OKs skate park near Eton

Nov. 7, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Skateboarders could be dropping into a halfpipe on what is now a city parking lot by next summer.

"I'm really excited," said Ann McBride, a member of the Birmingham Parks and Recreation Board. "This has been a good process since the kids started asking us about it. And if everything goes well, it could be open by next year."

On Tuesday, the Birmingham Parks and Recreation Board recommended converting a 120-foot by 120-foot section of a city lot adjacent to Kenning Park into a park for skateboarders and in-line skaters. The parking lot is near the city's ice arena on Lincoln near Eton Street.

McBride said the location is suitable because the city won't have to buy land. She also said it's close to city staff but far from residential areas. Its proximity to the ice arena will allow outside patrons to use the same refreshment stand and restrooms that ice skaters have used for years.

The basic plan will be to fence off a section of the parking lot and buy modular obstacles such as ramps and stunt rails that could be moved or altered periodically. The other option the board considered was installing permanent cement pools that would have cost much more, but allowed advanced in-line skaters to execute more of the moves they see performed on television.

Many cities have built skate parks in recent years, and Birmingham officials toured several of them before going forward. Of the ones they visited, the park in Madison Heights will most closely resemble what is built in Birmingham, providing the city commission approves the plan.

"Some skaters thought the park in Huntington Woods was too advanced, and they said the one in Royal Oak wasn't advanced enough," said Connie Folk, an employee with the city's parks and recreation department.

Craig Mearns, a longtime skateboarding enthusiast who works at Pogo skateboard shop in Birmingham, said that children would use a city skate park provided it's big and free.

And while private parks typically charge $5-15 for two hours, the board took Mearns' advice and plans to let people use the park for free and without supervision. Precautionary signs that warn skaters to be safe will be posted, but other than that, the city plans to let the children ride and police their own behavior. To head off problems, the board recommended forming a youth subcommittee to help with the skatepark design and operation.

Skaters originally asked the city to build a park five years ago.


4) Quarton Lake parking remains an issue

Nov. 17, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Parking remains the only point of contention in the $735,000 plan to overhaul the park at Birmingham's Quarton Lake.

After much discussion Tuesday in which people who live near the lake maintained more parking wasn't necessary and others said it was, the city's parks and recreation board approved passing the plan off to the Birmingham City Commission with one exception - the recommendation to install 12 public parking spaces around the perimeter of the park.

The board majority said more parking was needed because the park is to be used by everyone in the city, not just those who live near it. The board's position was opposite that of the ad hoc committee, which approved the design and the parking plan.

The design that was passed by the parks and recreation board was scaled back significantly from the first attempt by consulting firm Wade-Trim. While the original drawing called for a covered bridge and ornate picnic structures, the final plan is more subdued and emphasizes enhancing the natural setting of the lake.

One new element is a seating area that looks somewhat like a small amphitheater where people will be able to relax by the lake. The bridge is absent from the latest design, but a boardwalk and nature path are part of the plan. An official rink, several stone overlooks and much new landscaping are also included.

Some residents have said added parking would encourage teens to hang out at the lake late at night. That and other problems occurred in the 1970s, when police stepped up patrols because residents complained that drug and alcohol use was common. Some parking around the lake was later eliminated.

The Birmingham City Commission is expected to consider the issue in December. Park improvements are slated for next year.


5) Pontiac, township agree on Bloomfield Park

Nov. 17, 2002

From the Birmingham Eccentric

By Greg Kowalski

Although the initial agreement has been reached, any development of the Bloomfield Park area on Telegraph and Square Lake roads won't occur for some time.

"Development will be in stages ... it will take some time to get a site plan," said George Googasian. Googasian and A. Kay Stanfield Brown are court-appointed facilitators who have been working to resolve more than two years of litigation over the plan.

Googasian described the settlement as a "historic" agreement between Bloomfield Township and Pontiac.

The agreement announcement was made Friday.

Officials from the communities were under a court order not to discuss the terms of the agreement until a set of public hearings are held in Pontiac, Bloomfield Township and Birmingham.

The Birmingham and Bloomfield Township public hearings will be held on Monday, Nov. 25, in city hall and town hall, respectively. The township hearing will be at 7 p.m. Further details will be released in the coming days.

But, Googasian said, it appears that the joint agreement will go forward.

"We don't anticipate a large outpouring opposing this," Googasian said Friday. "We consider this a major historic cooperative effort between Bloomfield Township, Pontiac and the county."

The township, city and the developer have been locked in complicated court battles for more than two years since the Harbor Companies development firm announced plans to develop the 75-acre site at Telegraph and Square Lake with a $2 billion residential and commercial project. The township immediately opposed the plans, claiming the proposed high-rises violated township zoning ordinances.

Craig Schubiner, of Harbor Companies, could not be reached for comment.

Under terms of the agreement, the land will be transferred to the city of Pontiac, which will provide all governmental and economic development services at the Bloomfield Park site.

Although the Bloomfield Park residents will vote in Pontiac and be part of the Pontiac School District, the two communities will share tax revenue from the site.

A three-person panel consisting of a person appointed by the township and Pontiac, and a third person chosen jointly by the township and city will oversee development plans.

Also as part of the agreement, the city of Birmingham will amend the alliance it formed with Bloomfield Township to assume control of the land, essentially allowing Birmingham to bow out of the picture, although their agreement technically will stay in place until Aug. 30, 2006.

Following the public hearings, Birmingham, Bloomfield Township and Pontiac officials will have to formally approve the settlement. This should end the seven separate lawsuits and appeals that are pending in the Michigan Supreme Court, Oakland County Circuit Court and the Michigan Tax Tribunal.

And it should end what had been an often bitter dispute between Schubiner and township officials that even led to Schubiner campaigning against the recently approved Bloomfield Township public safety millage.

Schubiner originally had proposed his development plans to the Bloomfield Township. But the township rejected them, saying the proposed high-rises did not conform to existing zoning and did not fit the character of the community.

Schubiner then took his proposal to the city of Pontiac, which set out to annex the site. Under Michigan law, a city can annex land from a township if voters in the area approve. Voters did approve that more than a year ago but appeals and lawsuits kept the case pending in court.

The facilitators were appointed to resolve the case last year by Oakland County Circuit Court Judge Denise Langford-Morris.

Oakland County also has signed on to the agreement, but County Executive L. Brooks Patterson said he could not comment on the settlement because of the court order.

"The officials of the city of Pontiac and Bloomfield Township demonstrated extraordinary wisdom and foresight by giving the utmost consideration to the future needs of their communities," Stanfield Brown said in a prepared statement.

THE DETAILS

Here are specifics of what the agreement provides:

* Buildings will have height and space limitations based on type of use and location.
* Buildings will be configured in three tiers, with the tallest buildings farthest from Telegraph to minimize visual impact.
* Within 350 feet of Telegraph, building heights will be limited to three stories and set back a minimum of 40 feet.
* Residential buildings are limited to six to eight stories with a habitable attic.
* Non-residential buildings are limited to five to seven stories.
* One hotel will be allowed and limited to four stories.
* All buildings and parking structures are limited to 36 acres to allow for open space.
* Buildings adjacent to existing residential areas will be limited according to a set formula.


6) Letter to Eccentric: Keep our town in context

Nov. 14, 2002

I am sure that the Birmingham City Commission's recent field trip to Niagara-on-the-Lake, Ontario, convinced them, as my family's trips there have to us, that it is, indeed, an absolutely lovely town.

Aesthetically, it has much we would be wise to emulate. I doubt, however, if the commission will keep in mind the context in which Niagara-on-the-Lake exists. It is a resort town, with fabulous access to water. Its main economic engine is tourism and the wineries amidst which it is located. With the summer-long Shaw Festival its main draw, it is to New York and Pennsylvania what the Stratford Festival is to Michigan and Ohio, with a touch of Harbor Springs thrown in.

Birmingham, in contrast, is a vital center of culture, business and commerce, arguably the financial keystone to the region and state. The aesthetic charms of our Canadian friends will be proffered by this commission as something to emulate, and we should. We ought, however, to be wary of any underlying commission message that to emulate Niagara's aesthetics, we also should emulate its comparatively rural nature and restrict or harness the essential growth, diversity and vibrancy of current-day Birmingham.

The Commission's recent development decisions suggest a desire follow such a tack, to stem development in Birmingham, if not roll it back. We must ensure that desire is not more easily facilitated while lurking under the camouflage of a band shell and landscaping.

Lex Kuhne
Birmingham


7) Editorial: Keep path clear for Jacobson's site

Nov. 7, 2002

From the Birmingham Eccentric

The city is poised to get new life in the Jacobson's store on Maple.

Local developer Ted Fuller has put in a bid for the building and unless someone tops that by Nov. 19, when the bid is approved or denied by a federal bankruptcy judge, the place likely will be his.

Fuller is not the most popular guy in city hall. He led an unsuccessful campaign against some officials in the last city election.

That was not the wisest course of action to follow, but what's done is done. And what matters now is that every effort should be made to redevelop the Jacobson's site.

Fuller's responsibility, should he close on the deal, is to get someone in the building as soon as possible who best would contribute to the Birmingham business scene. Ideally, a major retailer or at least some form of retail should be enticed into the building. This is too important to the downtown shopping district to be converted into strictly office space.

This likely will entail some form of remodeling. Regardless of how the city commissioners feel about development, it is clear that it will not benefit anyone to have the Jacobson's building stand vacant for long. This is an established retail location, not a new development.

The city should make the fullest effort to get that building back into operation as soon as possible. The city has a right to ask every legitimate question how the building will be used and require that all rules are followed.

But no unnecessary roadblocks should be thrown up. It's in the best interest of the city for the revitalization of this site to be expedited as much as possible.


8) Editorial: Planning Board is out of bounds

Nov. 7, 2002

From the Birmingham Eccentric

It's commendable that Birmingham planning board members are taking such an active interest in their duties. But asking for authority to go on private property is beyond the bounds of their responsibility.

The planning board has been considering adding a stipulation to site plan applications to grant the planning board members the right to go on private property to inspect the site.

Aside from the fact the city already has building inspectors, it has been pointed out by the city attorney that such a requirement is probably unconstitutional.

And it is a further example of the micromanagement style that the city is adopting across the board. Instead of peering over fences and measuring in millimeters how tall a wall stands, the planning board members should focus on the large issues and work with developers and residents to ensure that the city is positioning itself for a secure future.


9) Fuller bids $4.2 million for Jake's Maple store

Oct. 31, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Jacobson's Maple Road location will be sold by Nov. 19, and the leading bidder won't wait long to develop the property.

"We will do everything in our power to bring in a large retailer, but sitting on land is very expensive," said Edward Fuller, a Birmingham developer who has agreed to pay $4.2 million for the store. "I sure hope the city can do what it can to expedite this along."

Fuller, a developer who owns many parcels of land downtown, teamed with Richard Brodie and John Wallace to form Maple Ring LLC to bid on Jacobson's former women's store.

It is being sold to the highest bidder by Chicago-based Hilco Realty, and Fuller's offer can be topped by anyone willing to pay at least $4.5 million by Nov. 15. If more bids are received, a Nov. 18 auction will take place, said Josh Joseph, a Hilco representative. If no more offers come in, Fuller's deal will go before a Detroit bankruptcy judge on Nov. 19 for possible approval.

The Maple Road store has 102,000 square feet of prime real estate, said Fuller, that may have to be used, at least in part, for office space.

"Our first choice is to bring an anchor retailer to the city," said Fuller. "But I believe that's going to be difficult. Everyone has been beating the bushes, and the interest hasn't been there."

While retailers including Von Maur and Art Van bought other Jacobson's stores in the region, there was reportedly little interest in both stores in Birmingham because the buildings are old and may have to be torn down. Developers also expressed concerns that new projects take an inordinate amount of time in Birmingham because local politicians are particular about what gets built in town.

Fuller said he will call retailers in the hope that one will come to Birmingham as a lessee. Barring that, he will likely plan a mixed-use development with retail on the first floor and office on the second floor. Under that scenario, the building could be rehabilitated, said Fuller, rather than torn down and rebuilt.

Other Birmingham developers have expressed an interest in the Jacobson's properties. Jim Weiner was once the top bidder for both stores, but creditors rejected his offer.

"I don't know what will happen," said Fuller. "It's not a done deal until the judge signs it."

Hilco hasn't received an offer creditors would accept for the former Jacobson's men's store on North Old Woodward. Hilco continues to hold open houses for buyers, but no one has stepped up with the asking price of $5 million. Before Fuller's $4.2 million bid was accepted, Joseph had said creditors wouldn't take a penny less than $5 million for either store.

Fuller has had a somewhat acrimonious relationship with elected officials and openly tried to oust several members of the Birmingham City Commission in the 2001 election.


10) City set to acquire Barnum Center

Oct. 31, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Children could be taking dance class and seniors could have a new place to live in town by 2004. Both those possibilities came closer to reality with the city's tentative $8.5 million purchase of the Beaumont Rehabilitation and Health Center, commonly known as the Barnum Center.

"It's something residents wanted, and the negotiated price was very good," said Birmingham City Commissioner Rackeline Hoff. "It's a piece of property we all wanted to retain, and we are delighted to have it back in Birmingham."

The property, which was once a school, is currently owned by William Beaumont Hospital. The hospital will continue to use part of the building for the next year then turn over the entire 106,000-square-foot facility on Pierce between Frank and George streets to the city for use as a community center.

Officials from the hospital and city agreed to terms Monday, but the city will get one last chance to inspect the building before the deal goes through.

"The preliminary indication is that we have a clean building," said Tom Markus, Birmingham city manager, on the unlikely possibility that asbestos could become an issue.

Last November, Birmingham voters approved $25 million in bonds to buy and refurbish recreational facilities in the city. One of the goals was to open a community center, and a special citizen's committee was formed to investigate the feasibility of using the Barnum site. That committee will soon be reformed to come up with a comprehensive plan to do that.

"The full range of possibilities still exists for that building," said Markus. "And now it will be up to the committee and ultimately the city commission to decide what will be done with the property."

Markus announced plans to issue $15.7 million in bonds that will be paid off in 20 years. The money raised will go to the Barnum project, fixing up Booth Park, dredging Quarton Lake and possibly acquiring more green space and expanding Shain Park.

Markus said the bonds will cover the cost of improvements that can be done over the next three years. Retiring the bonds will cost the average homeowner in Birmingham $89 per year.

Last summer, the city hired consulting firm Wade-Trim to find out what the residents wanted in a community center.

Visit http://www.bhambuzz.org/pdfs/Barnum_Feasibility.pdf to read the Barnum Feasability Study.

Members of the steering committee ranked what they wanted in three categories: City-sponsored recreation programs, rental facilities and special-interest programs. Committee members rated team sports, a teen center and green space highest in the first category.

They also said adult day care, child day care and meeting rooms would be a good use of rental space. The need for soccer and tennis facilities, independent living quarters for senior citizens and meeting spaces were ranked highest in the special interest category. The need for a large family pool was also mentioned.

Wade-Trim's architect, John Lee Davids, said community centers typically include such a pool and extensive athletic facilities. At the time, Davids said the Barnum facility would need a 42,000-square-foot addition to provide facilities for residents. He pegged the cost of such an addition at $7 million to $9 million.

The steering committee will recommend permanent uses for the building as well as what programs will be allowed to use it on an interim basis. Current thinking is that the some programs will move into the building soon after the hospital turns it over and others will be phased in over a period of years.

The city will have $9.3 million left after the initial bonds are issued.


11) City proceeds with $574,500 Adams sidewalk

Oct. 27, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Taxpayers will shell out $574,500 for a small stretch of sidewalk on Adams Road that may get little use.

"Since bus service is provided to Birmingham elementary students who live southwest of the bridge, it is likely that a very small percentage of Harlan Elementary students would benefit from a sidewalk on the west side," said Paul O'Meara, assistant director of engineering, in a Birmingham city memo.

Derby Middle School is also nearby, but Kevin and April Turner, the parents of the only student in the immediate area, are against the sidewalk. In a letter to the city, they said they have spent a considerable amount of money to landscape their property and don't want a sidewalk. They also said they would continue to drive their daughter to school.

That opposition was countered by residents Eric and Annette Sargent, who said children do walk to Harlan Elementary but they are forced to cross Adams, a busy road.

In the end, the Birmingham City Commission opted to spend the additional $574,000 to put sidewalks on both sides of the street.

"This is a walkable community and that is a dangerous road," said Seth Chafetz, a member of the commission. "The way that area is developing, there could be a subdivision there in 20 years."

Minutes before approving the additional sidewalk, Chafetz voted against it. He said he changed his vote to be on the winning side in the event a problem arises with the design and construction of the project. According to commission rules, one has to be on the winning side to ask for a reconsideration.

Currently, there are sidewalks on both sides of the bridge. The sidewalk on the east side of the street is continuous and goes all the way to Big Beaver Road. But that's not the case on the west side of the street, where a sidewalk extends south from Big Beaver, but stops one house short of the bridge.

To add the sidewalk, the city will have to relocate a road and several trees will be impacted. The city's engineering staff, citing the expense and possible rate of use, recommended installing just the sidewalk on the east side of the road.

The work will take place next year and it will be a joint project of the city and the federal government. The four-lane bridge over railroad tracks on Adams near Putney Street will be totally rebuilt at a cost of $4.7 million. Of that, the city will pay $1.6 million with $574,000 going to add an optional sidewalk to the west side of the street.

The bridge was built in 1930.


12) Lake project begins; commitee OKs park plan

Oct. 26, 2002

Dredging of Quarton Lake began this week, and the Quarton Lake Ad Hoc Committee unanimously approved a tentative plan for improvement of the park. The plan now goes to the Parks & Recreation Board and the City Commission for further review and approval.

Contractors will not be drawing down the lake as anticipated, but using a hydraulic process that pumps sediment from the bottom.

Latest Quarton Lake park plan: http://www.bhambuzz.org/images/QPlan1Lg.jpg
Latest Quarton Lake park cross-section: http://www.bhambuzz.org/images/QPlan2Lg.jpg
Latest Quarton Lake park plan detail: http://www.bhambuzz.org/images/QPlan3Lg.jpg

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