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THE BIRMINGHAM BUZZ
-- "It's the 2016 Plan, stupid."
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Buzz # 15 -- April 16, 2002

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

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


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


1) Join Urban Reality Tour and panel discussion

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

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

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

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

Questions and answers will be accepted from the audience.

See you there!


2) April Quarton Lake update posted

April 16, 2002

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


3) Tree choppers could face $5,000 bill

April 14, 2002

From the Birmingham Eccentric

By Larry Ruehlen

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

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

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

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

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

Only one resident spoke against the ordinance.

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

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

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

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

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

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

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

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

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


4) Editorial: Resignations are a disturbing trend

April 11, 2002

From the Birmingham Eccentric

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

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

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

Tensions are running high and bad feelings abound.

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

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

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

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

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

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

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

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

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

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


5) City considers tough new tree ordinance

April 7, 2002

From the Birmingham Eccentric

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

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

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

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

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

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

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

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

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

* Force residents to allow tree inspections on private property.

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

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

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

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

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

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

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

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

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

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

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


6) Letter to Eccentric: Defining roles

April 11, 2002

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

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

Indulis Liepins
Birmingham

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

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

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


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

April 4, 2002

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

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

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

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

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

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


9) Editorial: Kroger contruction delay is unfair

April 4, 2002

From the Birmingham Eccentric

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

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

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

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

This is unacceptable.

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

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

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

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

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

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

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

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

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

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

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

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

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


10) Plan Board rejects Big Rock banquet hall plan

April 4, 2002

From the Birmingham Eccentric

By Larry Ruehlen

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

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

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

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

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

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

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

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

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

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

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

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

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

LePage left visibly frustrated.

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


11) City planner's resignation raises concerns

April 4, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Another key city employee has resigned.

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

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

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

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

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

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

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

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

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

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

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


12) Eton development narrowly averts crisis

April 4, 2002

From the Birmingham Eccentric

By Larry Ruehlen

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

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

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

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

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

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

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

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

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

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