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The Birmingham Buzz # 7
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February 18, 2002

Welcome to the seventh edition of the Birmingham Buzz. If you missed our first six editions, check out our archives at http://www.bhambuzz.org/archives.htm.

Our mission: To inform and involve all Birmingham citizens.

Visit us at http://www.bhambuzz.org.

In this edition:

1) Talk was never cheaper
2) Proposal seeks to protect trees
3) Old Woodward median work progresses
4) Judge to hear case on Vinewood house
5) Letter to Eccentric: No traffic circles
6) Editorial: Appointees bring instant credibility to arts board
7) Ain't Email Great Dept.
8) Code enforcement scrutinized: Thorsby calls for crackdown on builders
9) Letter to Eccentric: What traffic circle?
10) Editorial: Birmingham thrives as new venue
11) To be removed


1) Talk was never cheaper...

... and it's the most effective way to get your questions answered and your opinions heard! We urge you to:

* Add to our discussion groups. We're proud of the give-and-take we see. Keep up the good work! Visa http://www.bhambuzz.org/public.html.

* Attend a meeting, and speak up. This week, you can choose from three: The joint City Commission/Planning Board meeting on Tuesday evening, the second Booth Park development workshop on Wednesday evening, or the Neighborhood Roundtable on sewers on Thursday. Visit our calendar at http://www.SuperCalendar.com/view.php?a=1525.

* Write to the City Commissioners, members of the Planning Board and city staff. Ask them questions. Express your opinions. Visit http://www.bhambuzz.org/Write_to_city.htm.

* Write to the Birmingham Eccentric. The newspaper accepts letters and guest columns. Email Editor Lee Snider at lsnider@oe.homecomm.net


2) Proposal seeks to protect trees...

From the Birmingham Eccentric

The roar of chainsaws may be silenced by a complex tree preservation ordinance that could force Birmingham residents to pull a permit to remove or trim trees.

A subcommittee of the Birmingham Planning Board has been working on the ordinance for months at the request of City Commissioners Russell Dixon and Seth Chafetz.

Though board members won't divulge what's included in the ordinance, the latest draft appeared to be more than 20 pages thick and Chafetz is beginning to wonder when and if it will ever get to the city commission.

"It's a bit frustrating that the protections we asked for last year still aren't in place," said Chafetz. "Construction season is coming and trees will be destroyed unless we have a proper ordinance."

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

Chafetz said the original request was to protect trees on lots adjacent to construction sites because digging can destroy the root systems of large trees more than 100 feet away.

Instead of city staff writing a short provision that would have protected such trees, it sent the matter to the planning board, where it has stayed mired at the committee level.

"It should have been a basic ordinance," said Chafetz, "that clearly spelled out the difference between right and wrong. City staff doesn't work for the residents. They won't tell contractors they have to save trees."

City Manager Tom Markus said the city can only enforce codes that are already on the books, and staff will do its best to enforce the new tree preservation ordinance when it's formally adopted.

Chafetz said the ordinance should make one fact very clear.

"If you can't build a house and keep the trees on your neighbor's yard alive, then maybe you shouldn't be building that house," he said.

Franklin Village passed a landmark tree preservation ordinance last year 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 owner's expense.

Complying with the Franklin ordinance can cost a person clearing a lot for construction several thousand dollars.


3) Old Woodward median work progresses...

From the Birmingham Eccentric

Pedestrians in Birmingham's art gallery district may find crossing N. Old Woodward a bit easier next year.

The city recently hired Florida-based traffic engineer Walter Kulash to review plans for adding a median to the road to make crossing the street safer.

Elizabeth Stone, the owner of an art gallery on N. Old Woodward, said she is looking forward to the day people can get from one side of the street to the other without dodging traffic.

"I get a lot of families coming from Mill Pond," she said. "They can't cross with their strollers because traffic can be going 40 mph."

The speed limit on that stretch of road is 25 mph and the city has already spent $30,000 to install a pedestrian-directed crosswalk with strobe lights that can be seen up to 1,000 feet away.

Stone said the crosswalk, which was installed almost two years ago, was a major improvement but a new median would be a better solution.

"Before the new crosswalk was installed the lack of pedestrian traffic was making the galleries suffer," Stone said. "It's better now, but we want a median so badly. With the drivers around here, it's always rush, rush, rush."

In addition to the proposed new median, parking on the west side of N. Old Woodward would be converted from angle to parallel to reduce the instances of people backing out into traffic.

Kulash has been asked to study the impact of the design on many factors including pedestrian safety, cut-through neighborhood traffic and the loss of 20-30 parking spaces.

If Kulash approves the design it would eventually come before the Birmingham City Commission for final approval -- a process that could take several months, said Birmingham Community Development Director Patricia McCullough.


4) Judge to hear case on Vinewood house...

From the Birmingham Eccentric

A judge may soon decide the fate of one of the most controversial houses in Birmingham.

The house at 543 Vinewood was designated a historic district after a city study found the 1872 structure was built on land once owned by Elijah Willits, one of Birmingham's founding fathers.

The owners of the house were against the historic designation and had in fact planned to tear it down to build a Bigfoot house. The disagreement resulted in a lawsuit, Susan R. Bruley Trust vs. Birmingham. The case is expected to go to trial unless a city motion to dismiss is granted.

Oakland County Circuit Judge John McDonald is scheduled to hear the motion at 8:30 a.m. Feb. 20.

Last year, city officials were advised to pay $500,000 in damages by a panel of Oakland County Circuit Court moderators, but the suggestion was declined.

John Staran, an attorney working on the case for Birmingham, said the basis for the motion is that proper procedures weren't followed because the matter never went before the Michigan Historic Review Board.

But Pete Webster, an attorney representing the trust that owns the property, said the city never had the right to designate the home a historic district in the first place. He also said the city has very little to go on in trying to establish that the house is historically significant.

"Willits never lived there and more than half the house was built in 1987," said Webster. "This isn't a historic issue at all."

Webster also notes that in the 1920s the house was moved to its current location - a street with several modern homes - and that singling it out for historic district designation is a clear violation of the law that prohibits "spot districting."

Staran said the city determined the house had significant architectural value even though it "did not conclude that he (Elijah Willits) lived there."

He chose his words carefully, noting that the city hadn't eliminated the possibility that Willits had lived there.

Webster said city documents prove the home was built after Willits died.

Staran has said potential damage awards could exceed $1 million if the city loses. City Manager Tom Markus said Birmingham is insured in the event it loses the lawsuit. The policy, however, would not cover the city if the court rules the city improperly assumed ownership of the property.

The city is also seeking a protective order that will bar members of appointed city boards and committees from being deposed in the case.


5) Letter to Eccentric: No traffic circles...

I was surprised to read that the city is dragging it's feet on accepting money from the state to remedy an existing and dangerous intersection at Woodward and Old Woodward, north of Lincoln. If MDOT considers it a dangerous intersection, provides money for improvements, and Birmingham does not act on it, is the city open for lawsuits?

I have been stuck in traffic circles here in the United States and Europe, and I don't think that is an answer. There is much confusion for people while in the circle: who has the right-of-way and where is the exit one is looking for?

There are many fender-bender types of accidents. Traffic circles are designed for slow, residential type of traffic, not combining with Woodward at 45 plus miles per hour. In fact, the state of New Jersey has been removing traffic circles for the last five years.

According to the article, there are some people who think that with the state proposal, traffic will be diverted through the surrounding neighborhood until the new layout becomes familiar to the drivers. With proper signage (blinking signs) and barricades, that problem would be remedied in a short period of time.

Whatever is done, it should not include a traffic circle. They do not work! If a circle is built, then people certainly will drive through the neighborhood to avoid it.

Something should be done, the city should not procrastinate. This dangerous situation has existed here for a very long time.

Indulis Liepins, Birmingham


6) Editorial: Appointees bring instant credibility to arts board...

February 15, 2002

From the Birmingham Eccentric

Birmingham, already an art-friendly city, is about to become even more artistically inclined.

The City Commission recently approved the addition of seven appointees to the Birmingham Arts Board, and the new members bring a wealth of expertise and prestige to their positions.

Included among the appointees are representatives of the Cranbrook Academy of Art, the Birmingham Bloomfield Art Center and the Detroit Institute of Arts. There is also an art marketing executive, an arts consultant and a cultural affairs director for the city of Detroit.

Can't do much better than that.

Such a wealth of knowledge will bring immediate credibility to the board's suggestions.

The Birmingham Arts Board was established in December and is charged with making recommendations for the purchase and display of art objects on public property around the city. Acquisition financing hasn't been worked out yet.

Gary Kulak, a member of the Birmingham Planning Board, was a major force behind the creation of the arts panel. It's a natural in a place like Birmingham, which is cultured and attractive and has many fine-arts galleries and striking architectural landmarks.

Public art can be a great enhancement for a city. The Shain Park sculpture, "Freedom of the Human Spirit" by Marshall Frederick, is a perfect example of how a piece of contemporary art can enrich the urban experience. The handsome centerpiece provides a visual focal point for the park, and lends an artistic atmosphere to stage and musical performances that take place nearby.

Chicago, one of the most beautiful cities in the world, is a veritable outdoor museum, with works by Calder, Picasso, Miro and Chagall gracing its plazas and public squares. While Birmingham couldn't hope to acquire works of that caliber, there are many fine pieces the city might be able to afford. It will be the task of the arts board to identify appropriate artworks that can add variety and appeal to Birmingham's already stunning vistas.

With the quality of expertise sitting on the Birmingham Arts Board, city residents can rest assured that any future suggestions about public arts purchases will be well informed and in good taste. We look forward to their ideas and recommendations.


7) Ain't Email Great Dept....

Date : Tue, 5 Feb 2002 10:09:00 -0500
From : Peter Gough
To : Mill Pond Association Board members

Subject : The Old Home on Vinewood

During a discussion late last week an idea cropped up.

Mr. Mobley the developer has an image problem in the City in general and particularly in Millpond due to his treatment of some neighbors of his projects and the "cause celebre" re demolishing the old home on Vinewood.

Prior to the April 15th (tax deadline), do you think we could persuade Mr. Mobley to donate that old home on Vinewood to the Millpond Assn. for the benefit of our residents and Assn? (We could even share it with our friends in the Quackers Assn., they need a venue for their meetings too).

Such a gesture would generate immense goodwill for Mobley, provide positive publicity as well as providing him with a tax write off.

A gesture like this would go a long way towards solving his image and resentment problems.

We could fix it up and use the house for Association and Board Meetings. It would be a real spark plug for the residents.

I acknowledge that there are numerous details which would have to be worked out but it is worthy of discussion at the next Board meeting.

Sincerely,
Peter

Date : Tue, 5 Feb 2002 10:24:00 -0500
From : Clinton Baller
To : Peter Gough

Subject : re: The Old Home on Vinewood

Peter,

Very interesting idea. Are you suggesting he donate the land as well as the house? Permanently, or just until the lawsuit is resolved? And if permanently, then how would maintenance (including costs, and taxes) be financed?

Clint

Date : Wed, 6 Feb 2002 03:51:00 -0500
From : Peter Gough
To : Clinton Baller

Subject : The Old Home on Vinewood

Clint,

Thanks for your interest.

Yes, I envisage that the developer(s) would donate the house and site to Millpond or maybe the City. Let's face it, organizations like ours really need space for meetings and functions.

The Quacker Assn. has to hire a room in a school for their meetings every month, I'm sure that we could get them interested. The Presidents Council also has to meet in a private home each month. The Vinewood House could be almost totally occupied with neighborhood assn. meeting and other small gatherings.

Re the tax issue. It might be subject to a non-profit abatement, like the Community House. I'll inquire from some friends who are involved there.

Re. maintenance. I envisage that it would be maintained by volunteers and private donations. A nominal levy for the use of the building could be applied. (Local companies like GM, Chrysler, Ford and Masco have funds available for citizenship initiatives. They might chip in (with an appropriate plaque of recognition.)

Maybe we could get people like Ted Fuller to lead a broad coalition of developers, particularly when I hear of the large donation they made to the church adjacent to the Willits Building. Ted could do with some image polishing in our community.

It is an opportunity to repackage the developer's image more towards "giving back" something to our community rather than their present image. In their shoes I'd jump at it.

I don't have all the answers but with a will this can be worked out.

Sincerely,
Peter


8) Code enforcement scrutinized: Thorsby calls for crackdown on builders...

February 15, 2002

From the Birmingham Eccentric

Pick-up trucks, debris and the rhythmic sound of hammers are in abundant supply on Birmingham's Vinewood Street. With two Bigfoot homes under construction, the area represents a microcosm for a growing controversy over residential building projects.

"The whole site is a mess and they tried to steal my electricity," said a 33-year Vinewood Street resident who wished to remain anonymous. "The contractor is absolutely ruthless. He does what he pleases."

Dominic Ercolani is the contractor in question, but he will also move into the house when it's done. He bought the Vinewood property in 1997 and eventually tore down the original home to make way for a 3,500 square-foot house that dwarfs his neighbor's place. Across the street, a much larger home is being built and the neighborhood is abuzz with activity.

But unlike the Bigfoot home issue of 2000, the home size is not the subject of this debate; it's the conduct of builders and city inspectors that's coming under scrutiny.

"She didn't complain when I took her garbage out, and she didn't complain when I let her borrow my phone for three days," said Ercolani. "Now I'm the bad guy. I think it's a generational thing. Some people just don't want anything going up next door."

Ercolani said a subcontractor did plug into his neighbor's electric supply but the cord was yanked as soon as she complained. As for the mounting debris, he said building a house in tight quarters is not easy but the mess will be gone by the end of the week.

Ercolani has been warned in connection with the project but was never ticketed by the city. His project is properly bordered by a fence and the mess within isn't against city code.

"I'm on a first-name basis with code officials," said Ercolani. "When there is a complaint, we get it fixed."

How the city is dealing with such complaints is the crux of the matter, said Birmingham City Commissioner Gordon Thorsby.

"I hate the polarization between builders and residents," he said. "I think it's disgusting Å we have to tell builders to crack the whip. They have to keep in mind people are living where they are working."

Two years ago, the city responded to similar issues by passing a builder's code of conduct and a citizen's bill of rights that set forth guidelines for construction projects.

The guidelines basically dictate that residents have a right to quiet in the evening and morning and an expectation that their property won't be damaged. On the other hand, builders have the right to carry out their tasks without harassment as long as they comply with city rules.

Thorsby said people elected him to make sure neighborhood issues were being addressed so he doesn't think he is overstepping his bounds by driving from site to site to point out possible violations.

"It's not like I'm getting on city staff to write tickets to everyone," he said. "We are asking that neighbors be treated with respect."

Thorsby said it is unreasonable to expect a resident to pay for it when damage is done to their property. If grass or a tree is damaged during construction, the builder should pick up the tab to restore the property to its original condition.

He is also asking the city to make sure projects are properly fenced in and that construction vehicles are not blocking residents' driveways or city rights-of-way.

Thorsby denied targeting specific city staff for poor performance.

On Tuesday, Birmingham Police inspected more than 70 residential construction sites and issued a few citations and passed along a few more issues of concern to the building department.

Birmingham City Manager Tom Markus said code officials are doing their jobs.

"I don't know that the scrutiny is warranted," he said. "I know our staff is doing the best job it can in enforcing the ordinances we already have on the books. That takes constant vigilance -- if there are problems perhaps they lie within the ordinances and not the enforcement of them."

He wouldn't comment on whether he felt members of the Birmingham City Commission were trying to run the day-to-day operations of the city.


9) Letter to Eccentric: What traffic circle?...

February 6, 2002

To the Editor of the Birmingham Eccentric:

I read your Jan. 31 article on MDOT's proposal for Woodward Ave., and our City Commission's response.

The City Commission "wondered why MDOT had not considered the traffic circle or roundabout at the intersection as called for in the 2016 Plan." A big reason may be that it is not in the plan! Perhaps they should all take a look at the 2016 Plan recommendations. The traffic circle was in the first draft, not in the final draft.

Furthermore, the so-called traffic circle was not even at the intersection of Lincoln and Woodward, it was north of the intersection, closer to the 555 building!

Most of the sketches our commission referred to did not deal with that intersection at all! Our commission was extremely rude and abusive to the MDOT representative. They turned down a few hundred thousand dollars in funding to fix an intersection that is causing injuries, that they themselves have done nothing to improve.

Commissioner Carney's comment, "Isn't there merit in doing it right the first time, rather then taking the money and running?" seems quite appropriate here since the first draft of the 2016 Plan had the sketches they referred to, but did not adopt.

Perhaps the City Commission should listen to Mr. Carney's comment and adopt the 2016 Plan as it was written the first time. Then they should read it and perhaps try following the implementation strategy layed out so carefully in it, which by the way they are responsible for.

Perhaps it is time for the city to consider hiring a city architect as is recommended in the plan so that they may have a better idea of what is in the
plan and how to implement it.

Michael Poris


10) Editorial: Birmingham thrives as new venue...

February 6, 2002

From the Detroit News

When plans for Birmingham's Palladium were announced a few years ago, they were met by some spirited opposition in that Oakland County community.

The city's height ordinance had been slightly exceeded, and many residents argued that it would "change the character" of Birmingham.

It turns out, they were right. And a good thing, too. Because just as Birmingham's retail is being challenged by the Somerset Collection and other shopping centers, its appeal as an entertainment center and gathering place has never been higher.

Much of that appeal centers around the Palladium, which opened late last year. With its 12 movie screens, added to the eight screens at the nearby Birmingham Theater, the development has given the city as many venues as most suburban cineplexes. But instead of being surrounded by acres of parking lot, the Birmingham's screens are surrounded by a city.

When the shows let out, the stream of foot traffic, much of it headed to nearby restaurants and bars, will remind onlookers with long memories of how Grand Circus Park in downtown Detroit used to look in the 1950s. There is a sense of urban excitement that cannot be found elsewhere in Metro Detroit.

Birmingham is a bit nervous about its retail presence, and with good reason. The Palladium stands on the site of the former Crowley's department store. The city's other major retailer, Jacobson's, is having serious financial problems.

The city's worries about challenges to its retail core made it anxious to enter into a deal with Bloomfield Township in an attempt to block construction of the Bloomfield Place development.

But conditions never are static in an urban environment, and it is apparent that the Palladium has been the catalyst for beneficial change. Several new condominium buildings have also opened recently, getting some of the highest prices ever paid for apartment-style living in Metro Detroit. All real estate values in the city are, in fact, increasing, despite the trepidation expressed by many residents.

The moral here is not to be afraid of growth. Communities cannot stop the clock, and those that try are frequently left with time on their hands and little more.
But by welcoming reasonable growth, they can refresh themselves and thrive.

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