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Number 34: Jan. 14, 2003

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THE BIRMINGHAM BUZZ
"It's the 2016 Plan, stupid."
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Buzz # 34 -- Jan. 14, 2003

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 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.

In this edition:

1) Buzz' first year was just the beginning!
2) That's Entertainment! Don't miss these shows!
3) City overrules itself on parking plans
4) City weighs 'wayfinding' needs
5) Letters to Eccentric on Adams sidewalk
6) Opinion: Reform policies on fixing streets
7) Opinion: Heed the warning of Jacobson's
8) Sale near for second Jacobson's
9) City gets the keys to Barnum Center
10) Parking is last hurdle in Quarton park plan
11) Letters to the Eccentric
12) Clerk states case against Bloomfield agreement
13) Opinion: Tree ordinance is reasonable
14) Pruned tree law up for review
15) Menorah brightens Shain Park
16) Towns weigh impact of state revenue cuts
17) City streamlines approval process
18) Opinion: Keep an eye on Carney, whose actions show little regard for the rights we hold dear
19) To be removed, send email to info@bhambuzz.org1) Buzz' first year was just the beginning!

1) Buzz' first year was just the beginning!

Jan. 14, 2003

With this edition, the Birmingham Buzz celebrates its first birthday!

We had a good year.

We published 33 newsletters, and archived all of them on our website. Anyone looking for information about Birmingham city government now has an excellent resource.

The days when we could trust in our elected officials are over, at least for the time being. Those who cast votes based on trust must now depend on solid information. They have it in the Buzz.

We held three community forums, and enlightened dozens of citizens on such topics as the 2016 Plan.

We started the year by publishing, among other things, a list of those who voted in the November 2001 city election. If we have one overriding goal, it is to get out the vote. You can expect to see another list published after the 2003 city election, which promises to be one of the most crucial in Birmingham's history.

To those who read only our emails, it may seem as if we ended the year in hibernation. (This is our first edition since Dec. 1.) We didn't. Our website is kept up to date, and we urge all our readers to make it their primary source of Buzz material. Bookmark http://www.bhambuzz.org as one of your Favorites, and visit it often for important information about goings-on in city government.

More and more readers are discovering our lively discussion group, where (usually) intelligent opinions are posted. This is not a "chat" group, where fast-paced and transient discussion occurs in real time, but a bulletin board, where the pace is more easy-going, and the postings are permanent. The record being created by the Buzz, and any awareness engendered by that record, would not be complete without the discussion group.

While we prefer that you visit the website, we have resolved in the New Year to send out more frequent and shorter Buzz email bulletins. We're sorry for the length of this one, but please save it or print it, and try to get through it. There's an extra, special treat at the end -- a criticism of Commissioner Don Carney.

Expect more and more criticism in the coming year of City Commission incumbents, especially Carney, Gordon Thorsby, Dante Lanzetta and Seth Chafetz. (The terms of Lanzetta and Chafetz expire this year, and if they want to stay on the commission, they'll have to run in November. We would expect to oppose such candidacies strenuously.) For each reasoned opinion or decision made by this group, 10 more irrational opinions or decisions are made. For each public deliberation they engage in, 10 more deliberations occur behind closed doors. They are unacceptably arrogant, and an embarrassment to themselves and the city.

We have spoken to many voters who regret having supported Carney and Thorsby in the last election. We think they're the tip of the iceberg, and that many more would regret their support if enlightened. Our goal over the coming year is to inform those voters, and get them to the polls next November, when the true will of the citizens of Birmingham will be expressed.

What is that will? Simply put, we need to get back on track. That track was best expressed in the broadly supported community-wide effort in 1996 known as the 2016 Plan. Much of that plan is now just a memory, having been rejected and altered not by the citizenry, but by an ultra-conservative, anti-everything leadership personified by the Lanzetta axis.

As always, we'll need your help. Your support over the past year has contributed to our success. Your support over the coming year is even more important. As November approaches, your help in spreading the word will be crucial. Our success must be, and will be, a grassroots effort. What can you do?

* Tell your friends and neighbors about the Buzz, and get them to subscribe.

* Add your name to our list of supporters. Simply send an email to info@bhambuzz.org.

* Talk about the issues covered in the Buzz. Help us create the grassroots buzz that will be necessary to get our city back on track.

* Organize your neighborhood, or join your neighborhood organization. Stop phonies like Paul Reagan, a Birmingham gadfly who grossly and regularly oversteps his bounds by standing up in public and claiming to represent you.

* Commit now to spending a few hours a week at election time, informing citizens and getting out the vote.

2) That's Entertainment! Don't miss these shows!

Jan. 13, 2002

Mark your calendar for several important upcoming meetings:

City Commission long-range planning workshop
Saturday, Jan. 25, 8:30 a.m.-4 p.m. (approximate)
This annual, all-day show is held in the Rotary Room in the basement of Baldwin Library. Get updates on many important city projects! Look for fireworks as Commissioner Don Carney goes up against the PSD!

City Commission
Monday, Jan. 27, 8 p.m., Commission Chambers, City Hall
Another amusing deliberation is sure to occur as Gordon Thorsby leads commission prohibitionists Don Carney, Dante Lanzetta and Seth Chafetz in their irrational campaign against a liquor license for the Blue Martini and City Cellar restaurants, already under construction in the Palladium. Listen carefully, and you might hear Thorsby humming tunes from "The Music Man."

City Commission
Monday, Feb. 3, 8 p.m., Commission Chambers, City Hall
City traffic consultant Walter Kulash returns to Birmingham (he was a key 2016 Plan participant) to comment on improvement plans for North Old Woodward. See the plans for yourself, and throw in your two cents!

3) City overrules itself on parking plans

Jan. 12, 2003

From the Birmingham Eccentric

By Larry Ruehlen

After saying they are trying to discourage more office buildings downtown, the Birmingham planning board is pursuing changes to office parking requirements that directly contradict the recommendations of city staff.

"Clearly, the 2016 Plan envisioned and encouraged the promotion of retail and residential uses in the downtown overlay district," said Jana Ecker, city planner. "However, the 2016 Plan did not seek to discourage office uses..."

"Could new offices be made to provide parking?" said Birmingham City Attorney Tim Currier. "The answer is yes but we advise against it... There are going to be some people who will try to make a discrimination case."

Planning Board Chairman Gary Kulak said something has to be done because construction projects continue to bring more people downtown and the city has no plans to build another parking structure.

Birmingham currently has five structures, and downtown businesses pay a tax to avoid providing their own parking. If the changes are made, office uses wouldn't be able to pay the tax and would instead have to provide their own parking. Since property is scarce downtown, developers have said they would have to build underground parking structures that cost $35,000 per space.

Edward Fuller, owner of Central Park Properties, recently purchased the Jacobson's Maple Road store and the Old Woodward Avenue location will be sold by Jan. 21, with Bingham Farms development firm Burton-Katzman Development Co. the current leading bidder. Office buildings are a possibility for both sites, with Fuller saying the Maple Road store will likely be remodeled into an office use.

The planning board asked Currier to write a legal opinion on the pros and cons of two different scenarios. The first is to force the owners of new offices to provide 100 percent of the required parking. The second is to give credit for past taxes paid into the parking assessment district even if those taxes were paid by a previous owner

Current office buildings would be grandfathered in as allowable non-conforming uses.

Anyone who turns in a set of construction plans before the changes are adopted by the Birmingham City Commission could build under the old set of rules. If not, they would be forced to provide their own 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 has denied the proposed changes have anything to do with the Jacobson's sites. He also questioned Currier's legal opinions.

According to a recent study, if downtown were built to the fullest extent allowable, there would a shortage of 1,900 parking spaces, said Jeffrey Salz, chairman of the parking advisory committee. Salz openly questioned why the board wasn't involved in the discussion from the beginning.

Kulak said they were free to attend any planning board meetings.

Gordon Riggs, a parking committee member, questioned the planning board's reasoning.

"From my point of view, why do you penalize office when you could just make it easier for residential," said Riggs. "Why don't you try and make it easier in this town."

4) City weighs 'wayfinding' needs

Jan. 12, 2003

From the Birmingham Eccentric

By Larry Ruehlen

A nature trail meanders along the Rouge River just steps from downtown Birmingham. Walking it is often a solitary pursuit because not many people know where it is. But a wayfinding project will make it easier to find the trail and other hidden gems.

"Birmingham has two 9-hole golf courses, we have approximately 14 parks ... and we have the newly acquired Barnum Center," said William Wiebrecht, a member of the parks and recreation board. "Unless you are standing in front of or adjacent to those facilities, there is no signage anywhere in the city of Birmingham that tells you where the park is or how to get there."

Wiebrecht was one of many residents who attended a study session with Carter & Burgess, an architectural firm hired to devise a system of signs that will help people navigate through Birmingham. Effective wayfinding programs eliminate the overall need for signs and help people get around with other visual cues. The first step was to identify noteworthy places.

Shain Park, the Birmingham Historical Museum, the Birmingham Bloomfield Arts Center, the Baldwin Library and public facilities were mentioned as well as historic buildings, places and the need to distinguish different neighborhoods.

A few obvious needs, such as better signs for parking garages, were discussed as was the need for hospitality.

"I've been here 26 years, and we still don't have signs that say welcome to Birmingham," said Marcia Rowbottom, a member of the Historic District and Design Review Commission.

Joseph Labozan, vice president of Carter & Burgess, has designed sign systems for big cities, major airports and small communities like Birmingham. He toured Birmingham and came away impressed with its character. From the nicest Kroger's he's ever seen, to Art Gallery Row, Labozan said Birmingham is ideally suited for a wayfinding program.

"Many times, there is an easy way to pull it all together," said Labozan. "Particularly with a town whose people spend so much time walking around ... there is a palette for Birmingham; we just don't know what it is yet."

In Labozan's business, the palette holds the colors and materials used to make the signs. He mentioned that the city's current palette is somewhat confusing with three different types of signs to designate parking structures and no directories. He suggested establishing uniform signs and placing several directories that show points of interest and location maps throughout the city.

One thing that can't play a major role is color-coded signs.

"We like to use color as an enhancement, not a wayfinding tool," he said. "Ten to 15 percent of the population is color blind."

Requirements under the Americans with Disabilities Act would force the city to include the word "red" on all red signs if they were to specifically designed to direct traffic. Instead of color coding, signs can use different building materials or textures.

"The last thing you want to do is add another layer of signs," said Labozan. "We may say you should take down some other signs. One of the goals is to reduce clutter."

The city spent $98,000 to hire Carter & Burgess and will have to spend additional cash for any new signs.

Labozan will meet with specific boards and committees over the next two months and appear before the planning board again on March 12.

5) Letters to Eccentric on Adams sidewalk

I am writing in response to your article in the Dec. 15th edition regarding the city commissioner's decision to spend $574, 500 for a sidewalk extending from Adams to Putney. I don't think the city should have to bear the entire cost for this small sidewalk.

For safety's sake, I'm all in favor of sidewalks. When I was in elementary school I used to walk to and from Harlan everyday, and I recognize that the sidewalks were very beneficial.

I am a graduate of Derby and I realize that almost all the people who would benefit from the sidewalk are residents of the area. If they are going to get the most use out of the sidewalk, they should decide if they want it, and if they are willing to pay for some of the costs.

If my neighborhood decided on putting in a sidewalk along our street, I would not expect someone who lives two miles away to pay for it. The same goes for myself, I would not want to pay for something that I would have no use for.

Ultimately, the ones that would use the sidewalk should contribute some of the money for its construction. This way, the residents would have a sidewalk in front of their houses, there would be a safe way for children to get to school and yet there would still be enough money left over for other projects.

Meredith Magulak
Seaholm High School Student

I am pleased that the commission has approved the building of a continuous sidewalk on the western side of northbound Adams as it approaches Big Beaver. As a resident of the Poppleton Park area, my child's "neighborhood school" is Harlan Elementary and there needs to be direct (and safe) foot and bicycle access to the school. I think the council acted to correct a long-standing oversight. With road and bridge improvements already under way, now is the time to add the sidewalks that should have been there all along.

With historically low interest rates, why not float a bond issue to cover the cost of these and other needed infrastructure improvements?

Annette Sargent
Birmingham

6) Opinion: Reform policies on fixing streets

Jan. 8, 2003

The recent request by two residents for the improvement of a tiny section of Oak St. between Hazelwood and Lakeview highlights the absurdity of Birmingham's policies governing street improvements, and the need for reform in how improvements are initiated, designed and paid for.

The two residents, whose homes border but don't face Oak St., are primarily concerned about drainage. The crown of Oak St. sits almost a foot above the level of the sidewalk, so every time it rains, water fills the sidewalk, making it impassable for several days. In addition, the standing water in summer creates a breeding ground for mosquitos and other pests. The general condition of the area is a mess.

Under current policies, the city makes no effort to improve this or other so-called "unimproved" streets in town without a concerted effort by affected residents. That's because the city forces property owners to pay 85% of the cost of any such street improvement. So residents must mount petition drives to obtain the backing of at least 50% of their neighbors in order for an improvement to be considered by the City Commission.

The true absurdity of this was revealed starkly last Monday night, when a representative of the city's Engineering Department admitted that the section of Oak in question had been dug up several years ago for the installation of a new storm sewer, but that it had been restored to its unimproved state, rather than repaired, because no "special assessment district" had been approved that would have forced nearby residents to pay for the repairs. So the city tore up the street, then rather than fix it, left it a mess.

As dumb as it is to force residents to mount petition drives, it's not such a big deal if only two residents are involved, or, in the recent case of Hazelwood St., around a dozen. But it becomes a Herculean task when you have 50 or 60 property owners with whom to deal. Just ask Jeff Van Dorn, who mounted a petition drive a couple of years ago to have Harmon Street improved. By the time his drive was complete, and signatures submitted to the city, his petitions were deemed too old, and he was forced to repeat the task.

The city should be able to see when streets need improvement, and do something about it without forcing otherwise occupied citizens to get involved.

What gets done is another matter. Currently, city engineers, who would be among the first to admit they are not designers, are responsible for coming up with all sorts of designs for the city. Invariably, whether dealing with street improvements, parking deck improvements, parks improvements or other public works projects, the engineers get second-guessed by citizens, city boards, and the city commissioners, few of whom are qualified designers. Projects are delayed. Plans are redrawn. Sometimes, although much too rarely, and usually much too late, real designers are brought into the project. Somewhere along the line, our city decided that we didn't need a designer on the payroll, either as an employee or part-time consultant, and decided that engineers, planners, Planning Board members, City Commissioners and residents were capable of designing improvements to our city.

Finally, the underlying assumption that residents should pay for improvements to streets that happen to border their property is grossly out of whack. The best argument that City Manager Tom Markus can muster in defense of the ridiculous policy is: That's how it's always been done, that's how it's done in places like Troy, and it would be unfair to those who have already paid or are paying for improvements to change the rules now.

Baloney! Markus knows we're not Troy, that our streets are much older, and in much worse shape, that our unimproved streets can't be compared to newly developed subdivisions, that our streets are for the use of the entire community, not just residents of a particular sub, and, most of all, that two wrongs don't make a right!

The ridiculousness of this policy is starkly illustrated on Oak St., where the city would have two residents foot a good portion of the bill to improve a street that is essentially a main street serving not only Birmingham residents, but those of Bloomfield Township and Bloomfield Hills.

Judging by a few of the comments uttered by commissioners during last Monday's discussion of the Oak St. improvement, it is possible they may ultimately and wisely relieve property owners of the burden of paying for this improvement.

That would be a landmark precedent, and with any luck, it would swing open the door to more such decisions.

Imagine: The city decides a road is a mess, and fixes it. No angst over who wants it, who doesn't, how much it will cost, who is willing and able to pay, and who isn't. Just a smooth, attractive road from which water drains efficiently.

7) Opinion: Heed the warning of Jacobson's

Jan 4, 2003

From the Birmingham Eccentric

While there is no need to panic, the impact of the closing of Jacobson's must not be understated - which is why we have selected that event as our Newsmaker of the Year and devoted so much space to it in this issue.

Stores come and go in downtowns across the nation. And the closing of Jacobson's will not devastate Birmingham. But it has had a profound impact that belies the tides of change that are routine in the retail world.

Indeed, the way we shop is evolving. Downtowns first faced competition from outdoor shopping malls, which became indoor shopping malls and now are being challenged by what are essentially huge strip malls anchored by "big box" stores. Now, some towns like Novi and Rochester Hills are even building downtowns, bringing us full circle. And in recent years, shoppers have been turning to the Internet to do business.

There are many challenges to a shopping district like Birmingham's. And that's why the passing of Jacobson's must not go without sounding an alarm bell. In fact, the merchants have sounded the alarm. The question now is, who is listening?

In the answer to that question may lie the solution to the problem.

The city commission must hear the warning. Lines of division between the city commission, merchants and some residents are taking on the aspects of a spider web. Some city commissioners are still angry with the merchants for supporting certain candidates in the last city election. Some residents are pressuring the city commission to do everything possible to limit further development downtown. And some merchants are taking verbal shots at the city commissioners for their actions, or lack of them.

All of this must stop.

The election is long since over, and the city commission must focus its efforts on the long-term interests of the city. Trying to freeze out development is foolish and counter-productive. But that does not mean the city has to throw open the doors to uncontrolled growth. For their part, the merchants must reach out to the city commission to work with them. Perhaps it is time for new blood on the Principal Shopping District board, as some city commissioners contend. But anyone considered for appointment should not have any political allegiances and have the best interest of the shopping district as well as the whole city at heart. It's a concept worth discussing. The PSD itself is being challenged and may be eliminated by the city commission. That would be a grave error. The city needs every resource in play to promote the shopping district.

Additionally, the residents of Birmingham must hear the alarm sounded by Jacobson's, for its closing means more than having one less place to shop.

The downtown shopping district is the core of Birmingham. It is not the only thing that gives the city character or vibrancy but it is the key element. This is true of towns across the country that are fortunate enough to have downtowns. Those towns that don't have one view those that do with great envy.

Downtowns contribute to the quality of life, and that extends to the farthest corner of the city. The issue of a healthy downtown is comparable to the quality of a school system. Even if you don't have kids in school, it's in your best interest to have a sound school system because it directly affects property values.

On Jan. 25 the city commission will hold its annual long-range planning session. Between now and then we would recommend that the merchants and PSD members draft a list of realistic proposals they feel would help bolster the shopping district. Relaxing building height restrictions to allow more retail and office space in the same building is one possibility.

And don't let this issue of appointments to the PSD board cloud the discussion. That could easily turn bitter and sidetrack productive dialogue.

Right now, downtown is hurting. Everything must be done to encourage shoppers to spend their money here.

It's in the best interest of our town.

8) Sale near for second Jacobson's

Jan. 4, 2003

From the Birmingham Eccentric

By Larry Ruehlen

Jacobson's Woodward Avenue store will soon be sold -- and there is little chance a department store will come to town.

"The site is too small and that kind of department store just doesn't happen anymore," said Robert Katzman, owner of Bingham Farms-based Burton-Katzman Development Co. "That's why Somerset is there ... Our plan is some kind of mixed-use development with a retail component."

Katzman and partners Peter Burton and Laurence Goss formed a new company, BKG, Birmingham LLC, and bid $4.3 million for the former men's store at 325 N. Old Woodward Ave. The Realtor selling the store is still accepting higher offers and an auction could be held. Barring that, the deal will go before U.S. Bankruptcy Judge David T. Stosberg for possible approval at 11:30 a.m. Tuesday, Jan. 21, in Detroit.

In November, Birmingham developer Edward Fuller purchased the Maple Road women's store for $4.2 million and recently said he is on the verge of signing a major office tenant for the space.

Local merchants had hoped a department store would buy one or both of the locations. Jacobson's anchored Birmingham's retail scene for 52 years and sold more than $40 million per year in goods in its heyday.

Burton-Katzman is known for a wide range of developments including luxury housing, office uses and retail. Locally, it owns apartments and townhouses in Birmingham and the Bloomfield Commons shopping center at Maple and Lahser in Bloomfield Township. The company also signed a deal to redevelop a former Jacobson's store in Dearborn.

According to the purchase agreement, Katzman and his partners will have 105 days to back out of the deal for any reason and would even get their $430,000 deposit back if all other terms of the agreement are satisfied. Fuller did not get such accommodations. Creditors once claimed they wouldn't take a penny less than $5 million for the store and that buyers would get no time for due diligence.

In real estate transactions, due diligence is a grace period for buyers to thoroughly assess the property and find out what can be built. It also gives buyers a chance to look for prospective tenants. Katzman said he wants to sit down with city officials to discuss local zoning ordinances and wouldn't back out of the deal if no tenants were signed before the due diligence period ends.

"We've been in Birmingham for 50 years and this is a natural progression for us," said Katzman. "We are familiar with retail and believe in the long-term value of Birmingham. We believe in the stability of the town and that the desirability for office and retail is still there."

Birmingham City Manager Tom Markus said he is waiting to hear what Burton-Katzman has in mind and expects a meeting next week.

Katzman also said he expects the building to be torn down.

"I don't think we'll be able to rehab the building at all," he said. "It has multilevels that aren't cohesive. It was built over many years and the way it is now isn't conducive to the type of tenants we are looking for."

While developers with experience getting projects through the rigors of the Birmingham's approval process have said it could take two to four years to get a new building done, Katzman said he is more optimistic.

"You have to deal with the politics, but you have to do that in other cities, too," he said. "Birmingham is an appealing place to be, so it's worth it."

9) City gets the keys to Barnum Center

Dec. 26, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Movers haven¹t been hired yet, but the city now has the keys to its first community center.

"The key was to get them to pay for the maintenance of the whole building," said Birmingham City Manager Tom Markus.

Markus was referring to William Beaumont Hospital, the former owner of the city¹s latest acquisition ‹ the Beaumont Rehabilitation and Health Center.

Birmingham paid $8.5 million for the 106,000-square-foot facility on Pierce between Frank and George streets with the idea of using it as a community center.

The property, which was once a school, is commonly known as the Barnum Center.

Beaumont will continue to use a little more than 20,000 square feet of the building for offices, most of which are on the Purdy side of the first floor.

City Attorney Tim Currier said the balance of the building is now available for the city¹s use, but it was Markus who struck a cautious tone.

"Now we need to be very careful in the uses we allow for the balance of the building," said Markus. "My fear is that we will have built-in users that won¹t fit into the ultimate use of the building."

Now that the city has the keys, the concern is that many special interest groups will start staking out what they consider to be space that should be permanently dedicated to them. That would be premature, said Markus, because the city is months and possibly even a year away from doing much with the land.

At a recent city meeting, Paul Reagan, of the President¹s Council of Homeowners Associations, was the first to ask about using the building, but city officials expect more requests.

Last November, Birmingham voters approved $25 million in bonds to purchase and refurbish recreational facilities in the city. One of the goals was to open a community center and a special citizen¹s committee was formed to investigate the feasibility of using the Barnum site. That committee was recently reformed with the aim of coming up with a definite recommendation to the Birmingham City Commission.

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

Members of the committee have 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 seniors and meeting spaces were ranked highest in the special interest category. The need for a large pool for families was also mentioned.

A Wade-Trim 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 appropriate facilities for residents. He pegged the cost of such an addition at $7-9 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 be allowed to move into the building soon and others will be phased in over a period of years.

10) Parking is last hurdle in Quarton park plan

Dec. 22, 2002

From the Birmingham Eccentric

The redevelopment of the park at Quarton Lake took a step closer to reality this week when the city commission referred the plans back to the city's park board for further review.

"The issue of parking still needs to be resolved," said Tom Markus, city manager. Parking remains the only unresolved issue in the $735,000 proposal to overhaul the park on the edge of Quarton Lake.

The city commission still wants to know if additional parking will be needed at the park. In November, the city's parks and recreation board approved the development plan with a recommendation that 12 public parking spaces be added to the park.

The majority of board members said more parking was needed because the park is to be used by everyone in the city, not just the people who live near it. Some residents have said they didn't want additional parking because in the past the park attracted teens at night, and drug and alcohol use was common.

But other persons charged that the residents viewed the lake as their own and didn't want other people using the park.

Originally, the Wade-Trim consulting firm designed a new park setting along the shore but that was scaled back significantly by the parks and recreation board. While the original plan called for a covered bridge and ornate picnic structures, the final plan is more subdued and emphasizes 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 was removed from the latest design but a boardwalk and nature path are part of the plan, which includes stone overlooks and extensive landscaping.

The parks board is to come up with a recommendation early next year and construction should begin sometime later in the year.

"I'd like to see these improvement made next year," Markus said. "This is something we should do." It's appropriate to make the improvements as soon as possible because the city currently is dredging the lake and it would be better to get all the construction projects done at the same time, Markus said.

11) Letters to the Eccentric

Commissioners correct

Commissioners Donald Carney, Dante Lanzetta, Jr. and Gordon Thorsby were absolutely right when they supported accountability from the Downtown Principal Shopping District (DPS) representatives.

These DPS representatives are appointed by the City Commission; and therefore, they are an "arm" to the City Commission and are accountable - whether it is procedural or financial issues - to the City Commission.

Commissioner Donald Carney's suggestion for an ethics board is a good one. This is another step to ensure accountability.

My hope is that the City Commission will keep in the forefront of their decision-making process that the tenet "accountability adds to the professionalism of the business process."

Paula Jones
Birmingham

Don't marginalize PSD

Despite another effort by Commissioner (Donald) Carney to table the vote, the Birmingham City Commission finally renewed the appointments of key Principal Shopping District Board members Richard Astrein, Robert Benkert and William Roberts.

These dedicated merchants have continued their volunteer duties for the PSD during the year they have been awaiting formal appointment.

Commission Carney did his best to derail the appointment of these tireless volunteers. Rehashing the political fallout of last year's commission race, Carney's move to postpone the appointment of the PSD board members included some vague references "unresolved issues" between the city and the PSD. Although he wouldn't (or couldn't) substantiate his allegations, Carney cited the partnership promoting the virtual reality model and the use of the revenue from dream cruise as reasons for a postponement.

Strenuous objections to Carney's statements were voiced by Commissioners Hoff and McKeon, and knowledgeable citizens like Dorothy Conrad and Clinton Baller. Still, Carney, bolstered by Commissioners Lanzetta and Thorsby, persisted in their attempt to marginalize the PSD Board. Eventually, their arguments revealed that Commissioners Carney, Lanzetta and Thorsby resent the public's confidence in the PSD. They resent the autonomy of the PSD Board, and they are seeking revenge for the political positions of certain merchants.

The Principal Shopping District, created by state law in 1992, is run by a 12 member Board comprised of business owners and residents. The PSD harnesses the merchant's collective advertising power to promote the retail, business and social opportunities in Birmingham.

Through the hard work of volunteer merchants and a dedicated director, the PSD offers so much to the city and the merchants. The commission would do well to work with the PSD and avail themselves of their considerable expertise and experience, not to mention their love and excitement for the future of the entire city.

Instead, this commission has shown deep disregard for the business district. Our downtown is in serious distress with the loss of Jacobson's, no apparent replacement anchor and a weak economy. The commission could offer some harmony and hope if they would simply help the PSD carry out its mission.

Commissioners Carney, Lanzetta and Thorsby are clearly advancing a personal vendetta against the PSD based on perceived political leanings. At the next city commission meeting these commissioners might take notice of the goals they prominently display in the commission room.

The second goal listed reads, "Support Merchant Viability."

Julie Plotnik
Birmingham

Bring the creche back

Praise God! A menorah is part of the city's Christmas display. Now can we have our crèche back?

Donald T. Gervase
Birmingham

Spirit diluted

The spirit of Christmas at the Christmas Tree lighting and Santa's arrival in Birmingham on Thanksgiving eve was greatly diluted when the blue and white lights were ignited and all in attendance were invited back "next week for the lighting of the menorah."

Blue and white are the colors of Hanukkah and the menorah is the symbol of the exclusively Jewish celebration. Will Shain Park be redecorated with the traditional Christmas colors of red, green and white after Hanukkah is finished or is the City of Birmingham also exclusively observing Hanukkah this year?

The reminder announcement was confounding. Did the planners think the same crowd was going to show up for the menorah lighting? Hopefully, the insensitivity of the program was the product of nothing more than a well-intended plan that didn't execute well.

Bonnie L. Meyer
Bloomfield Township

12) Clerk states case against Bloomfield agreement

Dec. 15, 2002

From the Birmingham Eccentric

By Wilma Cotton
Bloomfield Township Clerk

Bloomfield Park would have been nothing more than a local zoning and land use issue except for an aggressive developer who didn't get his way and Oakland County officials who, in a conflict of duty owed to all communities and for unknown reasons, supported his preposterous plans.

I am absolutely not opposed to developing the property. It just needs to be done in the context of the long standing Township Master Plan and zoning ordinances.

Going into facilitation several months ago, the township board agreed that the township absolutely had to have three things to even consider a settlement:

* The property had to come back to Bloomfield Township.
* We had to know Craig Schubiner's financial backers.
* There would be no casinos on the property.

The development agreement, true enough, may not permit casinos but the conditional land transfer gives the property to the city of Pontiac. To this day, we don't know Craig Schubiner's financial backers or whether he will be able to finish what he starts. Even if he ultimately sells the property and doesn't proceed with his fantasy, the property will still belong to the city of Pontiac and the development agreement will run with the land.

At a public hearing the township presented many video slides, one of which pointed out that the city of Birmingham has 3 million square feet of use on 148 acres. This development agreement proposes 4.5 million square feet of use on 68 acres of useable land.

No meaningful determination has even been attempted regarding the amount of traffic that will be generated in the already congested Telegraph-Square Lake-Franklin corridor. The traffic issue is critical and inasmuch as I live in the Telegraph-Hickory Grove Road area, I share the concerns of our residents. I have been unable to answer the question on how the Township proposes to stop cut-through traffic in the residential subdivisions off all major or secondary roads.

The development agreement proposes building heights from 3 to 8 stories at 46 to 123 feet. Bloomfield Township ordinances currently permit buildings at 32 feet, or approximately 10.5 feet per floor. Simple arithmetic calculates that a 123-foot building is equivalent to 12 stories.

Further, the development agreement doesn't indicate where building heights will be measured from and all the while we have been sitting at the facilitation table, Craig Schubiner has had yards of dirt dumped on the property, possibly to raise the grade and thus make the buildings appear even higher.

It should have been known by township officials and counsel that with the incredible disparity between the township's zoning on the property and the developer's desire to create a Reston, Virginia, development, with its multiuses and several high rise buildings, that at a minimum the township would end up with 10-12 story buildings and density.

Prior to the facilitation process, township attorneys convinced me that if litigation ultimately proceeded to Supreme Court, we would likely prevail on the merits of the constitutional issue of our residents right to vote in a Detachment election. Our rights as United States citizens have been violated. The township has a signed affidavit from a young woman who personally called me approximately two months ago reporting that Craig Schubiner had offered her "several months of free rent" if she would register and vote affirmatively in the annexation election. She registered on Aug. 10, 2001, she voted on Sept. 11, and then moved into the house on Sept. 22.

Once involved in a lengthy series of facilitation meetings, our attorneys should have known that the legal fees would mount rapidly to a significant amount. Simple reasoning dictates that the longer it took to resolve facilitation, the more we stood to lose and with severe financial costs. The supervisor and attorneys were aware of my position on ending facilitation. Essentially with an impasse after just a few meetings I felt we should have proceeded with the litigation already in place and exhausted our court remedies.

Facilitation as handled precluded a rational legal progression through the courts that could well have been resolved in favor of the township at significantly lower costs.

I am adamantly opposed to giving township property to the city of Pontiac or any other municipality because of some developer and his fantasy.

In the future, how will the supervisor defend the zoning ordinances and master plan against any other aggressive developer who decides to buy property in the township?

The most important issue in this entire matter is the fact that when the documents are signed, the character of the township will be changed forever. We will no longer be the premier quiet unassuming residential community in Oakland County.

For these reasons, I voted unequivocally no on the Conditional Transfer of Property.

13) Opinion: Tree ordinance is reasonable

Dec. 15, 2002

From the Birmingham Eccentric

It's encouraging that reason is prevailing as the city moves closer to adopting a worthwhile tree ordinance.

The city commission has been batting a tree ordinance around for months, trying to come up with a practical and enforceable tree law.

At stake is the city's wealth of beautiful trees and the Constitutional rights of the residents.

That may seem like a bizarre juxtaposition, but the commission managed to pit those elements against each other in earlier versions of the proposed tree ordinance. At one point, the ordinance would have dictated how people could trim trees on their own property and determined what people could place in their yards.

That rightly alarmed some residents, and the commission backed off on the restrictions. The new version of the ordinance overall is reasonable and enforceable. It will protect the city's trees while not infringing on property rights and infuriating residents.

Even so, the road from there to here has been long and exceptionally rocky. Tree surgery is not brain surgery. This should have been a relatively simple matter. City ordinances, as a whole, are rather easy to draft. Or at least they should be.

But ultimately, what matters most is that the city commission is on the right track. The ordinance was reviewed at Monday's commission meeting and a few more questions were raised.

But these don't appear to be insurmountable obstacles.

14) Pruned tree law up for review

Dec. 8, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Preserving city trees is the focus of the latest attempt at establishing a tree ordinance in Birmingham.

"We didn't set out to save every tree in the city this time," said Birmingham City Attorney Tim Currier. "We took a more narrow view."

Currier spent months chopping the city's proposed tree ordinance to eliminate sections that many residents considered too onerous.

The results, in the form of a proposed new ordinance, will be considered by the city commission at its meeting at 8 p.m. tomorrow in city hall.

Visit http://www.bhambuzz.org/pdfs/Trees_New.pdf to see the new proposed ordinance.

One section in the old proposed ordinance required residents to pay thousands of dollars in replacement costs for trees cut down on their own property. Another established $100 fines for chopping down privately owned "landmark" trees.

Resident Bob North called the last version a "bureaucratic boondoggle" and many residents agreed at a contentious public hearing in June.

When the hearing was over, the Birmingham City Commission asked Currier to come up with something to protect city trees as well as trees on private lots next to construction sites.

Birmingham Mayor Seth Chafetz said Thursday that that's what he asked for nearly two years ago -- before the task of writing the ordinance was passed on to a special committee headed by Gary Kulak, chairman of the Birmingham Planning Board.

"This was basically a communication problem with the commission and the staff," said Chafetz. "God only knows why it took two years to get to this point."

Gone are all references to landmark trees and a permitting process for pruning private trees.

Currier said the basic intent this time is to make sure city trees are protected when possible and replaced when damaged or destroyed. A tree survey will be required as part of the building permit process. Detailed drawings that show the location of every public tree and private trees within 25 feet of a lot line must be clearly shown on the survey.

Steps must be taken to protect trees during construction and if a tree is damaged or destroyed, it must be replaced at the property owner's expense.

The section on private trees now focuses primarily on preventing damage from construction. Chafetz once complained that a person digging a basement destroyed the roots of a 100-year-old tree in a neighbor's yard. The tree later died and the homeowner had to pay thousand of dollars to have it removed.

New rules proposed by Currier wouldn't preclude basements, but they do effectively extend the city's setback requirements beneath the ground to protect the roots of trees. If roots within the easement are damaged during construction, the resident could be forced to pay for the damages to a neighbor's tree.

However, the city's protection ordinance would only apply during the construction process -- once an occupancy permit is issued, disputes between neighbors must be settled privately.

"This is a step in the right direction," said Chafetz, on Currier's revisions. "But I don't think it will be approved. There are still some things to be worked out."

15) Menorah brightens Shain Park

Dec. 8, 2002

From the Birmingham Eccentric

By Larry Ruehlen

"You always see a Christmas tree with lights on it in the park, so why can't we have a menorah in the park?" said Ariel Zekelman, 10. "I think it's nice."

Zekelman's sentiment was shared by some 60 revelers Wednesday as a menorah was lit for the first time on city property. Police were present to quell possible trouble as the menorah drew the ire of some persons who questioned why the park lacked a nativity scene.

The answer to that question was simple - no church had asked for permission to install a crèche on city property. Rabbi Yochanan Polter of the Birmingham Bloomfield Chai Center did ask for and receive permission to erect the menorah.

And those who attended the lighting ceremony rejoiced and spoke in terms of inclusion.

"Every act of kindness that we do extends the peace and tranquility of our country," said Polter.

"This is a symbol of diversity and freedom," said Birmingham Mayor Seth Chafetz, who also mentioned that President George W. Bush was lighting a menorah on the lawn of the White House.

Members of the Birmingham City Commission and U.S. Rep. Joe Knollenberg lit menorah candles and speeches were made. The ceremony lacked prayer and not a peep of dissent was heard.

Attendees then gathered for a reception at the Baldwin Library.

"I hope there are more groups with displays next year," said Alice Gilbert, who is an Oakland County Circuit Court judge. "We could all join hands and dance around to celebrate diversity."

Several people at the reception said it wouldn't bother them if a nativity scene were installed in Shain Park.

In 1986, the American Civil Liberties Union filed a lawsuit against Birmingham for having an official nativity scene installed in front of city hall. The ACLU won the case and the city had to take it down.

The difference this time around was that a private group put up the menorah and the city did nothing but supply the site. And the court has ruled that a menorah can be considered a secular symbol.

Chafetz, who is Jewish, said Thursday that he was still getting nasty letters about the menorah and planned to talk to the senders if possible.

The commission approved the menorah before Chafetz was named mayor.

Birmingham City Attorney Tim Currier said a private group could apply for permission to put up a nativity scene and would likely get approval. The process took months in Polter's case.

16) Towns weigh impact of state revenue cuts

Dec. 8, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Water main repairs will be cut back in Beverly Hills. Franklin officials will have to lop off more from an already bare-bones budget and officials in Birmingham haven't yet decided which services will be impacted by a 3.5 percent cut in local revenue sharing.

The cuts were included in an executive order issued by Gov. John Engler and approved by state appropriations committees of the House and Senate.

Engler's cuts were expected to be inserted into a vehicle bill Friday for possible approval. The total of $53.1 million in cuts were to take effect immediately, and local government officials were already assessing the impact.

"It will have to come from our budget for water main repairs," said Brian Murphy, Beverly Hills Village Manager, of the $35,000 cut. "That makes $97,000 in state cuts over the last 18 months."

Murphy said Engler couldn't touch guaranteed revenue sharing so he cut some 9 percent from the amount the state annually gives above the minimum required by the Michigan Constitution.

Bloomfield Township won't be hit hard by the reduction, facing about $30,000 loss.

That number is far lower than the $1 million cut township officials feared they would face when Engler first proposed eliminating revenue sharing as a means of reducing the state's red ink.

"Compared to what we thought we might lose we can live with this cut," township Treasurer Dan Devine said.

Jon Stoppels, Franklin village administrator, said Franklin faced an $8,800 cut.

"We will have to look for a little cuts across the board," said Stoppels. "I would say the immediate impact is moderate, but I'm more concerned about the future."

Birmingham Finance Director Sharon Ostin said the city stood to lose $73,960. Assistant City Manager Dan Schulte assessed possible cuts.

"It's certainly going to effect city services," said Schulte. "But who knows which ones."

Engler took action to deflate a $462-million shortfall in the state budget.

Also cut was 2.5 percent from universities or $45.3 million and $83 million from the state Department of Community Health. School funding was left alone.

The projected shortfall facing Gov.-elect Jennifer Granholm is $1.8 billion.

17) City streamlines approval process

Dec. 5, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Responding to concerns that approvals for minor site-plan changes -- like moving a window -- took too long, the Birmingham City Commission amended a city ordinance to effectively eliminate much of the red tape involved in the process.

"The records can be kept by staff," said Birmingham City Commissioner Gordon Thorsby. "This is one step to speeding up the review process."

Planning Board Chairman Gary Kulak said the board worked to develop a plan that allows city planners to approve routine changes. Before the amendment, the planning board or historic district and design review commission approved most site plan changes.

The new language lets city staff approve changes involving painting, doors, windows, lighting, landscaping, roofing, Dumpster enclosures, fences, screenwalls, rooftop mechanical equipment and exterior bricks.

All approved changes must be clearly illustrated on a corrected copy of the final site plan. The corrected site plan must be signed and dated by the planner who approved it. Notification is given to the planning board whenever changes are approved.

In the past year, several building projects were delayed following a dispute over a major condominium project in town. In that case, the developers said city staff approved changes to the site plan. The city, however, failed to document the approvals, and the person who approved them left town for another job.

Members of the board and commission questioned the whole approval process. City Manager Tom Markus ordered an investigation, which concluded that the city failed to follow established policy, although nothing illegal occurred. Markus then put a moratorium on city staff approvals but later let them resume, provided he personally reviewed every one.

One benefit of the new process is that it will allow the planning board to spend more time reviewing site plans for new projects and studying city ordinances for possible changes.

18) Opinion: Keep an eye on Carney, whose actions show little regard for the rights we hold dear

Dec. 2, 2002

For an attorney and city commissioner, Don Carney has surprisingly little regard for the Constitution. Since his election just over a year ago, an alarming pattern has emerged in his actions.

Just a few days before he was elected, he cancelled his subscription to the Birmingham Eccentric after the Eccentric endorsed his opponents.

Then, in drafting a proposed ethics code for the city, he included a short-lived "dedicated service" provision that would have dictated that "all officials and employees of the city be loyal to the political objectives expressed by the electorate and the programs developed to attain those objectives."

Even some of Carney's political friends were aghast at that.

Now, he's gunning for members of the Principal Shopping District Board, some of whom had the audacity to exercise their First Amendment rights by displaying campaign signs for the opposition in last year's election.

A lawyer and city commissioner ought to know better.

First of all, he ought to be able to express himself clearly and with reason.

The other night, when he urged the commission to table the appointments of three people who have been working on the PSD board for almost a year without official reappointment, he rambled on, making little sense. The best we could tell, he was arguing that their reappointments should somehow be connected to the overall mission and scope of the PSD.

More important, he ought to know the difference between unofficial actions of individuals who are members of a board, and official actions of the board. He implied at one point that the PSD had officially taken part in the campaign, which it did not.

He ought to know that you can't dictate loyalty, and you can't muzzle people because they don't agree with you.

Carney seems awefully vindictive. Many might think that's odd, since he won the election and has been on the winning side of most commission votes since.

But then, the world is full of so-called leaders who conquer first, then suppress.

That may be especially so for bitter victors.

Carney's family business in downtown Birmingham, the Paterson-Carney florist, sat among dozens of merchants who opposed its owner. If that wasn't enough, shortly after the election, Ted Fuller, one of Carney's leading opponents, bought the building in which the business was located and became Carney's landlord. Then, for unknown reasons, the business folded with many months left on its lease.

Carney's current vindictiveness is not new. Soon after his victory, he went gunning for Mary Ferrario, the city's building official, who is perennially accused, inaccurately, of being "in bed" with contractors.

He also has argued that the city's Quarterly newsletter be expanded and consolidated with PSD and other city publications. Wouldn't that be special? Don Carney in charge of the house organ.

Finally, he gushed praise for disgraced former Planning Board member Charles Tholen, who resigned the board after admitting that he had trespassed on private property in reviewing a property up for site plan review. Carney refused to accept Tholen's resignation, and supports a Planning Board move to force applicants for site plan review to consent to inspections by Planning Board members. No surprise that City Attorney Tim Currier has called the proposal unconstitutional.

Don Carney's got three more years on the Commission. That's plenty of time to do some damage. If you enjoy your Constitutional rights, you'd be smart to keep a close eye on him.

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