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THE BIRMINGHAM BUZZ
-- "It's the 2016 Plan, stupid."
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Buzz # 18 -- May 2, 2002

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

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

We want to hear from you! Please send questions, suggestions and feedback to info@bhambuzz.org
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In this edition:
1) Court upholds Bigfoot ordinance
2) Letter to Eccentric: Stop the Madness
3) Letter to Buzz: Chainsaws are deafening
4) Presidents Council meeting Thursday
5) Is there a Crate & Barrel in our future? Chicago chain thinks outside the box
6) From our discussion forum: Anonymity is best when elected officials inspire fear of reprisal
7) Join the cause: Let us list you as a Supporter
8) Editorial: City's new direction is alarming
9) 'Wayfinding' plan will supplement signs
10) Meeting gives Buzz on development issues
11) Letter to Eccentric: Tree ordinance improper
12) Business forum a 'disappointment'
13) To be removed, send a request to info@bhambuzz.org
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Court upholds Bigfoot ordinance

May 2, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Oakland County Circuit Judge John McDonald summarily dismissed two counts of a lawsuit that could have overturned the city's "Bigfoot" housing ordinance Wednesday. McDonald is expected to consider the third count within two weeks.

The lawsuit, Burman vs. City of Birmingham, was filed over a July 11, 2001, decision of the Birmingham Board of Zoning Appeals that denied a height variance for a home on Hanna Street. The owners of the home, Scott and Kendall Burman, had intended to build a 34-foot tall house on the lot even though the controversial city ordinance set the limit at 30 feet.

Houses near the Burmans' lot exceed 30 feet in height, but they were built before the city's Bigfoot ordinance was adopted by the Birmingham City Commission.

Daniel Christ, the attorney representing the city, said the ruling maintains the status quo so the city can continue to enforce the restrictions set forth in the ordinance. He also said the Burmans still have the use of their property.

"They have a nice house on the property and they can still build a new one as long as they follow the ordinance," said Christ.

Eric Bean, the Burmans' attorney, argued that the decision of the BZA was improper and unconstitutional under state law, denied them due process and was an illegal taking of the property.

On the first two counts, McDonald ruled in the city's favor and upheld the Bigfoot ordinance as constitutional. On the third, the judge gave Christ two weeks to submit a legal brief supporting the city's contention that the Bigfoot ordinance merely establishes limits for residential land use and does not preclude anyone from using land.

A taking is when a municipality illegally seizes control of land and denies a person's right to use property.

City Manager Tom Markus has said Birmingham's insurance would not cover the city if it loses an illegal-taking case.

McDonald could issue a written opinion on the taking matter or call both sides back to court for further oral arguments.

Bean said he will consult with his clients to see if they want to pursue the case further.


2) Letter to Eccentric: Stop the Madness

May 2, 2002

The City of Birmingham officials must be stopped. These people are going too far in regulating our beautiful city. The city officials will make a criminal out of me because I will NOT obtain a permit if I want to cut a tree branch in my own back yard.

I can see myself taken away in handcuffs in front of my children for not allowing an inspection on my own property.

It is too bad that very few residents voted in the last election. With our apathy we are allowing this craziness to continue and get stronger. As residents, we must get rid of these people that are running and ruining our city.

Xico Gomez
Birmingham


3) Letter to Buzz: Chainsaws are deafening

April 29, 2002

With the tree ordinance bearing down on our community, the disproportionate amount of chain saw noise in my neighborhood "deafening."

The commission (in it's ever infinite wisdom) has not preserved trees, but rather hasten their removal. Within the last 7 days I have witnessed more trees over 40-50 feet tall, being brought to their premature demise. In most cases, when I asked the homeowner what precipitated the "residential deforesting," it was a bitter-sweet answer of the new ordinance and private property concerns.

The photo [at http://www.bhambuzz.org/images/chainsaw.jpg] was taken this past Friday. A mature and quite beautiful 55 foot high Evergreen, which bordered my own property was destroyed by my neighbor (it was his right). When I asked, the answer sadly was the same. He had future plans on placing a garage on his property, but with all the complex building ordinances (and now tree ordinance), he was acting proactively to remove a possible future impediment to his wishes.

Thus, I no longer enjoy the beauty, privacy, and shade this once majestic foliage offered. Sad huh?

That is a real-world example of what effect hastly planned ordinances have real people living here in the "now."

Kyle
Birmingham


4) Presidents Council meeting Thursday

April 29, 2002

The Presidents Council of Homeowners' Associations, which claims to represent you, meets this Thursday at 7 p.m. in the Board Room of the Townsend Hotel.

Show up and help the council celebrate its coming out. Most past meetings were held in private homes. This Thursday's meeting will be among the first in a public place.


5) Is there a Crate & Barrel in our future? Chicago chain thinks outside the box

April 20, 2002

From the Chicago Tribune

Shopping malls have always operated by an inherently unequal economic formula. The anchor tenants -- well-heeled department stores -- paid little or nothing for their space while the specialty stores that filled the rest of the mall paid hefty rents. The theory: Specialty retailers benefited from the presence of the department stores, which acted as magnets for shoppers.

Not anymore. With department store chains such as Marshall Field's and Lord & Taylor continuing to lose market share to discounters, it no longer makes sense to pay a premium to be in a mall, says Gordon Segal, founder and chief executive of Crate & Barrel.

Graphic evidence of Segal's thinking: a new freestanding Crate & Barrel store on the parking lot of Northbrook Court. The store is three times bigger than the Crate & Barrel that was inside the mall, making it the size of the chain's flagship on Michigan Avenue.

"In the mall, you're another blur as shoppers go by," Segal said as he greeted guests at the store's opening party Tuesday. "How do you create a personality?"

Segal is practicing what he preaches. Already, Crate & Barrel has pulled its stores out of two of Dallas' best-known malls and built new stores nearby. It also has decamped from malls in Boston and Palo Alto, Calif.

On the schedule for this summer, Crate & Barrel is moving out of a San Jose, Calif., mall and opening a store across the street.

"Gordon was at the forefront of thinking not that malls are dead, but that they have changed. They aren't differentiated," explains Bette Kahn, Crate & Barrel spokeswoman. "It's also a time issue. People don't spend time walking around malls anymore."

Crate & Barrel will continue to exit mall stores when its leases expire, Kahn says.

And that should be a wake-up call for the nation's retail developers.


6) From our discussion forum: Anonymity is best when elected officials inspire fear of reprisal

See the following and more in our discussion forum:

Posted: April 25 2002,12:47 by Quiet Supporter

It would be great for all of us to register as "Supporters."

Unfortunately, the reality is far different than the concept. The editorial below the "Join the Cause" item spells out the retaliatory nature of our current elected city officials.

Could you imagine the repercussions of placing "Buzz" names publicly, as dissenters to those who hold the power? What happens to those who list their names, once the officials start pressuring Chief Patterson to make more frequent patrols near their businesses and homes? It may not have happened yet, but it is the next logical step for them to take while seizing more control.

The real proof will come in the next election. It'll be interesting to see how many of the non-incumbent candidates' signs end up in the impound yards on Eton. You know the place, same as where they now put all the real estate agents' signs. Then force them to "buy" the signs back.

If the commission can legislate against our property rights (i.e. our trees), how hard will it be to control what we display in front of our homes or offices? Think of the last political sign you've seen in Troy. They have tough ordinances there, which are similar to what I'm referring.

No, listing ourselves is not a great idea. Showing up at ongoing "Buzz Forums" is. Strength is in physical numbers and turnouts. When the time comes, I'll be listing my name not on the "Buzz," but on petitions circulated by responsible candidates. After which, I'll campaign hard to get his incumbent opponents unseated.

One last point. What you have done here is outstanding. If the end result is a better Birmingham, I will personally nominate you for a "Citizen's Action Award." Unfortunately, we all got caught off guard during the last two elections, but thanks to you and others like you, we have awaken.


7) Join the cause: Let us list you as a Supporter

Are you listed as a Supporter on our About Us page? If not, consider letting us list you. There's no cost, and no obligation. It just tells readers that you support what we're doing. To be listed, send an email to info@bhambuzz.org
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8) Editorial: City's new direction is alarming

April 25, 2002

From the Birmingham Eccentric

For the past several months, there has been a not-so-subtle shift in the direction of Birmingham's city government.

The forces of anti-development have firmly taken control of the City Commission and are extending their influence into areas throughout City Hall.

Dissent among some city administrators and department heads is growing, and several key staff members already have resigned.

There is a concern being expressed by residents toward the heavy-handed manner in which city government is intruding into their lives, shown most blatantly in the proposed, oppressive tree ordinance.

Political insiders are also watching how people are being appointed to commissions and boards. There is a lot of strategizing going on behind the scenes.

To the average resident, the dissent in City Hall amounts to nothing. Let them fight among themselves, is the view. What does it matter to me?

Plenty.

Little things can have big repercussions. Seemingly innocuous actions today can have a severe impact years, even decades, into the future.

Suppose the tree ordinance as written is adopted. Suppose it generates millions of dollars in lawsuits that will cost the city in legal fees, even if it wins. That's our tax dollars at waste.

And what if the city develops a reputation as a bad place to work and can't attract the quality employees it needs, especially in this period of growth?

And how does one measure the lost opportunities that can occur if developers decide that maybe Royal Oak is a better town to locate their buildings and businesses?

It wasn't too many years ago that downtown Royal Oak was in dreadful shape. It can happen here.

The point is that all Birmingham residents need to monitor what is going on in City Hall. Watch the meetings on cable TV. Even better, attend a City Commission meeting. That is the best way to get a sense of what is going on, even behind the scenes.

But above all, stay in tune. It is not an exaggeration to say that the future of Birmingham is at stake because the decisions being made now may have a profound impact on tomorrow.

And get involved. Remember the old adage: You get the government you deserve.


9) 'Wayfinding' plan will supplement signs

April 25, 2002

From the Birmingham Eccentric

By Larry Ruehlen

There will fewer signs but people will still find where they are going in Birmingham if all goes well with a proposed "wayfinding" project.

The city is taking proposals and is expected to hire a company to complete a wayfinding study to determine the best way to get people around town without using so many signs.

Gary Kulak, chairman of the Birmingham Planning Board, has said the current glut of signs could be greatly reduced with an effective wayfinding plan.

The city is expected to award the contract in October and has set a goal of completing the project by November, 2003.

City officials are looking for a coordinated system of words and graphics that will inform and direct people, not just downtown, but throughout the entire community. The system is supposed to symbolize the historical and cultural character of the city.

In the Downtown Birmingham 2016 Plan, urban planner Andres Duany recommended three types of signs. One would be a directional sign with a cast medallion with the city name on top, a directional sign in the middle with an arrow pointing to the nearest parking and another directional sign to a local point of interest on the bottom.

Street signs would be slightly different with the city name on top, the street name in the middle and a parking indicator sign on the bottom. The third type of sign Duany recommended is one that would include a large area map that includes parking structures and key buildings in the city. The use of color-coded walkways and styling cues could also be part of the plan.


10) Meeting gives Buzz on development issues

April 25, 2002

From the Birmingham Eccentric

By Larry Ruehlen

It took five years of living in Birmingham for Karen Linnell to worry about the fate of downtown.

"I care about this city, and I don't want a downtown that's stagnant," she said. "I moved here because it was so vibrant, and it isn't that way today... I showed up because I wanted to find out what is going on."

Linnell was one of some 40 residents who attended a recent forum on development issues in Birmingham that was put on by the Buzz -- a website that was launched by Birmingham resident Clinton Baller to provide news and chat on issues facing the city.

Many people who regularly contribute to the sire hold political views contrary to the actions of the Birmingham City Commission, which has systematically slowed development in the city with a host of ordinance changes.

The forum included a slideshow presentation by Mark Nickita, a planner and former member of the Birmingham Planning Board. The presentation was basically a crash course in design that contrasted beautiful streetscapes from around the world with less-that-desirable storefronts, parking lots and strip centers.

When the presentation was over, Linnell said the Buzz should take the presentation to the residents so all get to know the issues.

A lengthy open forum where residents questioned a panel of experts followed. The panel included Bruce Thal, a current member of the Planning Board, local developer Ted Fuller, architect Victor Saroki, merchant Karen Daskas, Realtor Lanie Hardy Cosgrove, and builder J.C. Cataldo, who also served on the Planning Board.

Talk of the Downtown Birmingham 2016 Plan dominated the meeting, with residents asking where the plan is headed, and the experts saying the actions of the commission have all but squashed the plan.

"The irony is that my firm does a lot of work in other cities, and they all want to be like Birmingham," said Saroki. "... But look at what happened to the Shain Park project. It was a big flop. In my opinion, nothing is getting done in the private or public sector with regard to the 2016 Plan."

Thal said the people making the decision were elected by the pubic and are doing what they believe is best for the city. Most of the people at the Buzz forum disagreed with that philosophy.

"The commission doesn't want change, so they are blocking all development," said Fuller.

The discussion sounded much like banter surrounding the 2001 city election, when three candidates were elected to the commission after promising to slow development in town, and three candidates who supported development were defeated.

Birmingham resident Rob Lawrence mentioned the possibility of recalling some current commissioners -- an idea that the majority of the crowd objected to.

The last part of the talk was pointed at changing the mindset of voters in the neighborhoods before the 2003 election. Chuck Moss, a former Birmingham City Commission member and current Oakland County Commissioner, said the proposed Tree Preservation Ordinance may provide fodder for the upcoming political battle.

"That tree ordinance is a killer," said Moss. "And anyone who supports it will be dead in the next election."

Baller said he was disappointed in the turnout but would forge ahead with plans to hold similar forums in the future.


11) Letter to Eccentric: Tree ordinance improper

April 25, 2002

The Tree Preservation Ordinance is proposed as controlling what is described as serious tree abuse, frequently resulting from the work of builders or contractors, to trees on city or public property.

Such guidelines would appear reasonable and desirable, if not adequately covered already. However, the original concern has been expanded to have the ordinance cover trees on homeowners' private property. We have not heard a good rationale for this further step; it appears to be unwarranted and an appalling encroachment on personal property rights.

This goes against the heritage dating back to our founding fathers and more recently highlighted by President Ronald Reagan in his administration's goal of limiting and reversing government infringement on civil liberties.

The proposed ordinance has a provision for "landmark" trees, which may be regarded as a horse of a different color. However, to undertake a program of making a videotape record of all trees in every homeowner's front and back yards and thereafter tightly control all "alterations" (an extremely wide definition) by a program of permit applications, fees, regulatory delays, fines, and eventual bureaucratic decision causes many to think of life in totalitarian regimes.

At minimum, it is an unwarranted intrusion on homeowners' property rights.

The Birmingham Parks and Recreation Board is to be commended for their work in this tree ordinance, as it applies to trees on city or public property. However, it can only be considered an unwarranted encroachment on a homeowner's property rights to dictate and restrict him from planting, pruning, altering or replacing trees in a manner that he feels will enhance his property.

The proposed program will inevitably add to the administrative workload and expense, although it is clear it is expected to shift this back to the homeowner to carry the burden through permit fees and fines. In the end, we come back to the question, "Where's the beef -- where is there such a problem that this is a necessary ordinance?" It is reasonable to assume that each homeowner wants to enhance his property and maintain the character of the community where he has chosen to live.

This ordinance is subject to the approval of the Birmingham City Commission in the near future. I urge you to make your feelings known. Your silence can be construed as acceptance of the ordinance as now written.

James Hannagan
W.L. Whitfield
Birmingham


12) Business forum a 'disappointment'

April 25, 2002

From the Birmingham Eccentric

By Larry Ruehlen

A study session turned into a gripe session Monday as area merchants questioned why doing business in the city isn't getting easier.

"I am supposed to call the merchants and tell them what happened," said Kirk Kuchukian, president of the Birmingham Merchants Association. "And I will be telling them that it was a great disappointment because it was the same old story. They didn't actually do anything."

Kuchukian was reacting to a study session that was supposed to provide an opportunity for frank discussion between merchants and members of the Birmingham City Commission. More than 40 merchants attended.

In January, the commission held a similar forum where some 50 merchants complained about the pitfalls of conducting business in the city. Concerns included parking, marketing, tenant recruitment, the city's sign ordinance and the approval process for outdoor dining permits.

Monday's scheduled two-hour meeting was dominated by several presentations designed to show how the city is addressing the issues. On the parking matter, a new high-tech system is being considered that will make using the parking garages much easier by automatically identifying and billing cars as they pass through the garage, said Jeffrey Salz, chairman of the city's advisory parking committee.

When the system is in place, less than 10 percent of motorists would have to pay cash to an attendant, thus reducing the time it takes to get in and out of the garage during busy periods, such as when a movie lets out.

Salz said the concept of charging a reduced parking rate for part-time employees of downtown businesses is being considered as well to help businesses retain workers who now pay about $30 per month to park. Neither the new computer system, at a cost of just under $1 million, nor the reduced rates are imminent, said Salz, but both are being considered.

City Planner Jill Bahm gave a presentation on the ease of getting a permit to add outdoor dining. She said restaurants that want outdoor cafés on private property no longer have to get a special permit. But cafés on public sidewalks do have to be licensed by the city.

Before the ordinance change, every outdoor café required a permit that had to be renewed annually. The application fee for the permit was $500 and mandatory renewals were $125.

Under the new plan, there is a one-time $125 fee for site plan review and annual licensing fees under $100 for new cafés and no annual fees for established cafés on private property.

Kelli Lewton, owner of Aunt Olives Good Food 2 Go, 525 N. Old Woodward, said she attended the last business forum and was led to believe adding outdoor dining would be as easy as filling out a few forms. But when she called the city she was told the new streamlined process still required her to submit 15 site plans for review by the Birmingham Planning Board, which didn't have an opening on its agenda until at least June.

"I understand the city has rules," said Lewton. "But I'm just trying to add a few tables, and I won't be able to until July. I'm asking for some help here."

Birmingham Mayor Dianne McKeon said the crowded schedule of the planning board is a concern that the city commission will consider at a future meeting. Commissioner Seth Chafetz said merchants have to follow the rules and at some point they have to "step up and get done what the city requires."

Several merchants questioned what the city was doing to attract tenants downtown. While some merchants raised the possibility of hiring a full-time recruiter, others said that idea has already failed twice. Merchants also wanted to know what is being done on the marketing front.

John Heiney, executive director of the city's Principal Shopping District, said the city will soon begin an extensive survey to identify the core customer of the PSD that will also determine what type of shops people would like to in Birmingham.

When merchants complained that the permitting process for adding new signs or changing the color of a storefront can cost hundreds of dollars, McKeon said the commission would look into the possibility of eliminating some of the fees.

When the presentations concluded, about 10 minutes remained for open discussion -- a fact that didn't sit well with merchant Mark Keller.

"You give us 10 minutes for follow-up," he said. "That isn't giving us a warm, fuzzy feeling (about the relationship) between the merchants and the city."

Commissioner Dante Lanzetta Jr. said too much time was wasted on staff presentations and McKeon said another meeting would likely be scheduled. In the end, the meeting was extended a half hour and merchants took the time to complain about a lack of action and cooperation between the city, the commission and the merchants.

After the meeting, City Manager Tom Markus said the staff presentations were necessary to directly respond to issues raised in the January meeting. He also said the increased emphasis on the marketing study and the proposal for computerized parking system were the direct result of previous merchant concerns.


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