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THE BIRMINGHAM BUZZ
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Birmingham Buzz # 53 -- Aug. 27, 2003

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In this edition:

1) City lays out sewer program options
2) Resident takes the plunge, pays for new pipes
3) Feedback nixes leaf from sign design
4) Comment: No way out of high price tag for aging sewers
5) City bends on pipe replacement plan
6) Attorney named to city's ethics board
7) Details wanting in Shain Park proposal
8) Comment: Make history a community project
9) City eyes parking fee options
10) City will hear pipe replacement plans
11) ACO will replace Maskill's Whistle Stop will get a tenant, too
12) Comment: Historical survey not worth the cost
13) Comment: Bury, don't replace, Dante-ism


1) City lays out sewer program options

Aug. 24, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

Birmingham City Manager Tom Markus maintains that lateral sewer pipes benefit individual homeowners so the city shouldn't pick up the tab for repairs.

The Birmingham City Commission has thus far backed the policy, though Mayor Seth Chafetz has called for more dialogue with a vocal group of residents that petitioned the city months ago. The group wants the city to pay for repairs in the city right of way and reimburse residents who have already paid to have the work done.

Estimates vary, but officials said the repairs would cost between $11 million and $42 million, depending on many factors including how many pipes need to be replaced. In a worst-case scenario, changing the city policy would mean a $185 tax increase per household, said Markus.

Dennis Dembiec, director of public services, worked for months to come up with a program that cut repair bills for residents. Some residents had complained that contractors were price gouging and charging up to $15,000 for repairs so Dembiec studied the problem and came up with a way to cut costs in half. Some 80 residents have signed up so far.

Resident Albert Sterlini said he didn't know about the city program. Dembiec said the city would make sure that didn't happen in the future.

"From now on, whenever someone pulls a permit for a lateral repair, we'll make sure the resident has all the information they need," said Dembiec.

The contractor will have to take a packet of information from the city and give it to the resident, said Dembiec, and the resident will sign a form indicating that they were aware of the program but decided to go with a private contractor.

Sterlini could have had his sewer lateral repaired for $4,750 under the city program, said Larry LaBute, an engineer with Hydro Designs, the company that oversees the city program.

"It's too bad he didn't take advantage of the program," said LaBute. "I am the advocate for the resident. I tell them the best way to go and in this case, pipe bursting wasn't the best approach."

Eighty residents have signed up for the city program and none have had to use the pipe bursting method. In all cases it has been cheaper to line the pipe or tear up and replace the sidewalk, said LaBute.

Dembiec wants to make sure that residents know the program works for emergency repairs. Most laterals are replaced in one day in emergencies. It costs 5-25 percent more when a lateral has already collapsed, said Dembiec, but the repairs are done quickly.

Of the 80 people who have signed up with the city, only one has been an emergency repair.

Dembiec said he fears the city program isn't catching on as quickly as it should be because of the legal waiver.

"There is talk of a lawsuit but residents have to realize that these pipes have served some of the houses for 50 years," he said. "Nothing lasts forever."

Published with permission from the Birmingham Eccentric


2) Resident takes the plunge, pays for new pipes

Aug. 24, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

Albert Sterlini flushed and what should have gone down came back up.

A crushed Orangeburg pipe connecting his house to the city sewer system had to be replaced quickly.

"It's nice that the city had a program but this backup had to be fixed now," said Sterlini. "If there's a class-action lawsuit settlement, I'll get my money back from the city anyway."

Sterlini bought his house on Derby Street in 1976. Back then, he knew nothing about Orangeburg pipes. The house was built in 1959, and the city used Orangeburg pipe to connect the house to the city sewer system. That type of pipe was made out of a tar substance that was less expensive than other types of pipe. It also proved to be prone to leaks and collapses -- a fact Sterlini learned Saturday.

"It was the auto industry influence," he said. "Do it fast and do it cheap. That was the mentality ... there was nothing wrong with the clay pipe but the Orangeburg collapsed. That's what happens when you make pipe out of tar paper."

Plumbers with heavy equipment arrived Monday and began digging. A 10-foot-deep trench soon bisected Sterlini's front yard. The trench extended from the front of his house to the sidewalk. On the other side of the walk crews dug another hole just as deep but even wider.

Sterlini wanted to spare the expense of replacing the sidewalk so a "pipebursting" method was necessary. Plumbers used a cable to pull a new pipe through the crushed remnants of the old one.

Sterlini boldly pointed to the clay pipe that was on his property and the Orangeburg that was in the city right of way. Both pipes were installed when the house was built. The clay pipe looked relatively unscathed, but the Orangeburg was crimped like a pinched straw.

The clay pipe was installed by the developer who built the house and the city put in the Orangeburg.

"They put in the pipe and it's on their property," said Sterlini. "So why should I have to pay? I'm Catholic so I can say this. If they can go after a priest for something that happened 50 years ago, we can go after the city for a pipe."

Plumbers were at Sterlini's house for three days and the job cost him $6,500. Workers said it would have been much cheaper but Birmingham requires things other cities don't. When a hole is dug in the right of way, the same dirt can't be used to fill in the hole. Clean sand must be trucked in and the other dirt has to be hauled away.

City inspector Rick Clark said regular dirt settles too much over time. After a few weeks there would be a depression on city property that would increase the risk of a fall. Sand doesn't settle so there won't be a hole, said Clark.

As the work was being done, neighbors stopped to ask questions and look in the hole. Many have the same type of pipe connecting their houses to the city sewer so they were curious what it takes to repair them. Others were thankful they lived across the street, in Troy, which didn't use Orangeburg.

"It's a mess," said Troy resident Tom Peerey. "His yard couldn't look much worse. And from what I hear, the city isn't going to help him pay either."

Thousands of lateral sewer pipes were installed in Birmingham over the years. Some were made of clay, some of cast iron and others of Orangeburg. City officials say laterals of all different types are failing. Tree roots invade the connections of some and sediment builds up in others, but experts have said Orangeburg pipes can be ruined by running water. City officials have said Birmingham used Orangeburg from 1945 to 1962.

Birmingham has a program designed to make repairs cheaper and easier to manage but it requires residents to sign a waiver that effectively gives up their right to file a lawsuit against the city.

Sterlini said he didn't know about the city program but his son is a building contractor so he went with workers his son knew. Once he found out about the program and the fact that he could have saved money, he wasn't willing to sign away his legal rights.

The workers installing the new pipe said home buyers are hiring them to video tape lateral sewer pipes before closing on the deal. If the tape reveals a collapsing Orangeburg pipe, the deal is often called off.

There are more than 7,000 houses in the city but no one knows how many Orangeburg pipes are in the ground.

Published with permission from the Birmingham Eccentric


3) Feedback nixes leaf from sign design

Aug. 21, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

A crosstown rivalry doomed the design for new city signs.

"That looks like a Seaholm maple and it would anger the Groves folks," Birmingham resident Keith Deyer said. "To me, Birmingham is much more refined anyway. It doesn't need that leaf element."

Deyer's comments were made at a recent planning board meeting where the topic was the city's new wayfinding program. Wayfinding is a system of signs and visual elements that direct people around a city.

Birmingham currently has a hodgepodge of signs. The city hasn't been overrun with lost visitors, but officials want to make it easier for visitors to get around. With that in mind, they hired Joseph Labozan, a nationally recognized wayfinding expert.

Labozan met with residents and officials and recently came back with preliminary sign designs. Labozan is from out of town and it showed - his design centered around a maple leaf, the nickname of Seaholm High School.

"It's a little overdone and ostentatious," resident Denise Grzech said. "We need a little less 'wow.'"

Labozan said he included the maple leaf because the city has a tree on its logo. He also said his original choice was an oak leaf, but feedback from previous meetings led to the switch. He said the focus shouldn't be leaf choice, but the overall program.

"Enough said," he said. "You don't like it, so we will move on to something else."

Labozan, vice president of Carter & Burgess, has designed sign systems for big cities, major airports and small communities like Birmingham.

He showed plans for stand-alone kiosks, neighborhood signs and other directional and informational signs. Some 20 to 30 kiosks would be located around the city directing people to landmarks and places of interest. They could be high-tech with plasma screens or basic in design, he said.

A small group of people turned out to see the proposed signs and most liked the concept for neighborhood signs. It would require new street signs even though the city recently installed new street signs in many parts of town.

Officials asked Labozan to add city golf courses to the list of places that should have special directional signs. The list of places includes Shain Park, the Birmingham Historical Museum, the Baldwin Library and public facilities such as The Community House and Townsend Hotel.

Labozan was critical of the subdued nature of "Birmingham Green" and said a lighter shade would make the signs more readable. He is expected to redesign the signs sans the maple leaf and come back before the planning board.

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

Published with permission from the Birmingham Eccentric.


4) Comment: No way out of high price tag for aging sewers

Aug. 21, 2003

>From the Birmingham Eccentric

It's a bitter pill for many Birmingham residents, but one they may be forced to swallow.

Last week the city commission proposed somewhat of a compromise on who will pay for failing sewers around the city. A number of residents have been petitioning the city to cover the costs, which can reach as high as $20,000 for a single residence. The city has balked at picking up the tab, citing an ultimate citywide cost in the area of $42 million.

To ease the pain, the city has proposed doing blocks of houses at a time, which would give residents a discount on volume. That falls far short of what some people are calling for, but realistically it's about the best that anyone can expect.

Apparently, even Birmingham has its limits when it comes to spending, and the city commission has made it clear that it isn't going to dole out $42 million or so to repair sewer lines that it contends are on private property.

While there is some precedent for cities assuming responsibility, there is just as much against it. A few years ago, residents nearby in a Bloomfield Township subdivision tried to have the township cover costs of its failing system.

The township successfully argued in court that the repairs benefited the residents, not the township as a whole, so it was the individual's responsibility to do the repairs.

In an area of White Lake Township, some residents now are being hit with $17,000 assessments to install sewer systems.

Birmingham is facing a reality that older cities everywhere are encountering. The infrastructure is aging and fixing it is expensive. And one way or another, the people are going to pay for it.

And as for this issue "getting out of the bag," as was stated in a commission meeting, and affecting property values ... gee, no kidding.

Postscript: Some months ago we were taken to task by the city for quoting a figure of about $40 million for the repairs, implying there was no basis for it. Last week the city released its own figure: $42.6 million.

Published with permission from the Birmingham Eccentric.


5) City bends on pipe replacement plan

Aug. 17, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

Facing the possibility of declining property values and angry residents, city officials changed a policy Monday to encourage replacing lateral sewer pipes one street at a time rather than house by house - a tactic that would bring down prices but still stick residents with the bill.

"It seems that the cat is out of the bag," Birmingham Mayor Seth Chafetz said. "In my neighborhood and many others, people have problems with laterals ... people buying homes are on to the fact that there are sewer problems. It may be affecting our property values."

Chafetz said the city should start thinking "outside the box" to help people finance repairs. He also raised the possibility of the city paying for repairs. A vocal group of residents petitioned months ago, asking for city tax dollars to offset the cost of replacing failing lateral sewer pipes. The city installed the pipes, which connect individual houses to the city's sewer system, decades ago and they are failing all over town. Birmingham's policy is that the pipes are private property so residents must pay for repairs.

Some 40 residents showed up Monday to hear whether the policy would change.

"It's not that the cat is out of the bag," Birmingham resident Frank VonKoss said. "It's a gorilla that's out of a cage."

VonKoss said it was time for the city to step up to its responsibility to fix faulty pipes, much like automobile manufacturers do when they recall cars with bad parts.

Values impacted

Ruth Clevers, a local Realtor, said she was selling a house that was appraised four times and one of them reduced the value of the house $10,000 because of the city's sewer problems. She didn't say whether it was the city's lateral issue or other sewer issues that drove down the appraisal.

Dennis Dembiec, director of public services, worked for months to come up with a program that cut repair bills for residents. Some residents had complained that contractors were price gouging and charging up to $15,000 for repairs. The new program cut repair costs in half. The new policy of doing repairs one street at a time would save even more money for residents, but that failed to placate petitioners.

They asked Dembiec to explain why other cities pay a portion of the repair costs and still others create special assessment districts so expenses can be spread out over a period of years.

Dembiec said Monday that the city would have to spend an estimated $42 million to meet all residents' demands. That would mean a $185 tax increase per household, said Dembiec, who also said his report was based on "purely arbitrary" numbers because he has no idea how many residents need or would want repairs.

The crux of Dembiec's report was that many other cities face lateral sewer problems and most handle the matter like Birmingham - where residents must pay for the entire repair, including the section of pipe in city right-of-way.

"If you are going to have a program that replaces the pipe for free," Dembiec said, "I'm sure you are going to have 8,000 homes saying sign me up now. Because then they would have a pipe they know will work."

Dembiec said city involvement could drive up the overall price because people who may not need repairs would demand them from the city. City Manager Tom Markus cautioned against financing wide-scale lateral replacements. He said taxes would have to go up and residents would still be paying for repairs with the added costs of the city acting as a bank.

Strong reaction

Some residents were less than impressed with the city administration's stance.

"It's my impression that they started out with a premise and went to considerable lengths to support it," resident David Bloom said. "Two months of taxpayers' money and time have been squandered ... the people who put together this document ought to be ashamed of themselves."

Bloom and others said city staff had taken an adversarial stance when cooperation is necessary. Others were more adamant.

"To quote Mr. (city commissioner Dante) Lanzetta," resident Stuart Sherman said, "I think we really need to look at this sewer issue carefully. Let's win one for the neighborhoods."

Lanzetta used the "win one for the neighborhoods" rally cry weeks ago in a failed attempt to get a historical survey approved.

Thousands of lateral sewer pipes were installed over the years. Some were made of clay, some of cast iron and others of Orangeburg. Laterals of all different types are failing. Tree roots invade the connections of some and sediment builds up in others, but experts have said Orangeburg pipes can be ruined by running water.

Awaiting action

Tim Tate owns a house with Orangeburg pipe.

"I'm looking for the commission to take some action," Tate said. "It should do something. It's not a matter of if the Orangeburg is going to crush, but when."

Residents wanted to know why the city takes responsibility for sidewalks and trees in the right-of-way, but wants residents to fix the pipes under the same piece of ground. Markus said trees and sidewalks serve the entire city, while the pipe serves individuals.

In the end, the commission approved the program to allow the residents the option of getting laterals replaced when a street is repaved. Residents would get cheaper prices because many pipes would be replaced at the same time. The commission also formed a study committee including two residents. The committee will undertake a fact-finding mission so both sides can stop arguing about who is right and get down to problem solving.

"We want to be very clear that the discussion will continue," Chafetz said. "Something should be done to help the residents."

Published with permission from the Birmingham Eccentric.


6) Attorney named to city's ethics board

Aug. 17, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

James D. Robb got the nod for the last seat on the city's ethics board Monday.

"We don't always have to be correct, but we have to be fair," said Robb, a Birmingham resident and attorney. "I think this ordinance is an important step for the city."

Robb, who got a one-year term, was chosen over attorney Daniel Beyer.

"I come more out of an interest in the community than anything legal or technical," said Beyer. "I saw this as an opportunity to become involved... to help solve problems before they get out of hand."

Birmingham City Commissioner Donald Carney, also an attorney, said he knew and respected both applicants.

"Both are top-notch lawyers," said Carney. " The city would be well served to have either."

The commission appointed Robb with a 5-0 vote and encouraged Beyer to seek another post.

Going into the appointment process, city attorney Tim Currier said board members must be "above reproach" so citizens and employees respect the ethics policy and board.

In Robb, the board gets an associate dean at Thomas Cooley Law School with more than 20 years of professional experience.

He joins attorney and arbitrator John Schrot Jr., and social worker and teacher Sophie Feirro-Share on the board. Schrot got a three-year term while Feirro-Share is serving a two-year term.

Retired judges and members of the clergy were sought but none applied.

While the ethics board will not hold regular meetings, it will convene to review questions of ethical conduct of city officials, staff and volunteers. Ethics board members will next determine a procedure for reviewing ethics.

The need for an ethics board was first presented to city officials about two years ago, as the city's council of homeowner association presidents suggested adopting such rules.

Published with permission from the Birmingham Eccentric.


7) Details wanting in Shain Park proposal

Aug. 17, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

Details, details, details - that's what urban planner Andres Duany will have to come up with to convince skeptics that Shain Park can be expanded without gutting adjacent parking.

"This is the last shot at seeing if we can make this work," Birmingham City Manager Tom Markus said. "You can't double the size of Shain Park without drastic changes to the parking and traffic flow in the area ... the reason I supported bringing back Duany was so he could show us how this can work, and I'm not convinced that it will work."

The Birmingham City Commission approved contract language for a deal with Duany. The city asked Duany to include detailed drawings of two plans to expand Shain Park into what is now municipal parking lot No. 7.

Both must show the number of parking spaces that would be available under the respective designs with precise measurements included. Commissioner Donald Carney - who has long opposed Duany's involvement - had wanted to hire a local parking expert to conduct an analysis of the 12-block area surrounding the park, but other commissioners wanted Duany to handle the job.

Duany is a famous but pricey architect from Miami who in 1996 authored the Downtown Birmingham 2016 Plan.

The commission has struggled to expand the park for years. Most agree that a bigger park is a good idea, but losing parking is a daunting prospect to many, especially members of The Community House, which is a gathering place for many elderly residents who are unwilling or unable to walk long distances.

Duany is to explore the option of head-in parking around the perimeter of the park, which is now surrounded by parallel parking. City officials aren't sure the proposed plan will yield enough spaces. Duany met with city officials and residents in May and toured the park. Several residents said Duany's 1996 impression that Birmingham wanted to become a bustling city may have been misguided. They asked for a simple "village green" concept to expand the park that would contain traditional playground equipment.

At a meeting Monday, Birmingham resident George Dilgard reiterated his opinion that adding underground parking is the best option because head-in parking would reduce the potential park expansion by 15 percent.

Markus agreed, but said the commission has thus far been unwilling to spend the millions of dollars it would take to build an underground lot.

If Duany agrees to terms, the city will pay him $14,500 for the work. There is also a $3,500 option for Duany to come back to Birmingham to present his findings.

Published with permission from the Birmingham Eccentric.


8) Comment: Make history a community project

Aug. 10, 2003

>From the Birmingham Eccentric

By Greg Kowalski

I strongly support the efforts of every community to identify and preserve its historic buildings. I am in the midst of a historical preservation battle right now. And that's why it feels so weird to say that I can't support the historical survey Birmingham city officials have been considering.

Historic preservation can be a real hot-button issue, especially if it isn't handled properly, and a town can risk alienating the very people it needs to support preservation. That very nearly happened here.

Property rights must be respected with historical preservation integrated into the community with full knowledge and support of the residents. Some communities, particularly those on the East Coast where historical buildings, neighborhood and districts abound, have enacted severe preservation requirements, including restricting what colors people can paint their homes.

That's fine if everyone agrees to it up front through a vote. But if there is a hint that such measures are going to be summarily imposed, residents usually resist strongly. No one is suggesting that is what is planned for Birmingham, but some people perceive it that way.

Public buildings are a different matter and even major private buildings can be held to a different standard. Laws can be and are enacted in certain circumstances to enhance historic preservation. But ideally, preservationists want to educate homeowners to recognize whatever historical value their home has and preserve and highlight it.

It's been my experience that most people embrace their history and easily can be convinced to build on it without building over it. But no one likes to be told what to do.

Effective preservationists make history a community project. They get people involved or at least on their side.

That's the best way.

Published with permission from the Birmingham Eccentric.


9) City eyes parking fee options

Aug. 10, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

Craig Dilworth's restaurant is empty on weekend nights because regular customers grew weary of waiting 20 minutes to leave the Park Street parking garage.

"It's been devastating to our business," Dilworth said. "They know when there will be an onslaught of people and still there are malfunctions ... there is a simple solution, but I guess the city bureaucracy won't let it happen."

Dilworth owns the Ocean Grill, 280 N. Old Woodward Ave. For most of his 15 years in business, his customers breezed in and out of the adjacent parking structure. But the opening of the Uptown Palladium 12 Theatre and Blue Martini bar drastically changed the number of people going to that part of town. Now getting in and out of the garage is so frustrating that his customers avoid Birmingham altogether, he said.

"The machine at the entrance breaks down or runs out of tickets," Dilworth said. "And it takes up to 20 minutes to pay to leave. My customers can eat anywhere, so why would they put up with the hassle?"

Dilworth wants the city to switch to a prepay system at the garage. Instead of people paying when they leave, they would pay a nominal fee when they enter the garage. Leaving wouldn't be a problem and extra staff could be added to handle the influx of cars at peak times.

The Park Street structure is a hot topic in town. Some city officials have floated the idea of switching to a $5 prepay to pay for police overtime. Motorists don't pay a dime to park in any city structure for the first two hours. The two free hours in the decks are supposed to free up spaces at parking meters and promote turnover of shoppers downtown. Altering that philosophy with a $5 prepay isn't the way to go, said Jeffrey Salz, chairman of the city's advisory parking committee.

"That's an absurd number," Salz said. "I don't believe it was serious at all because that deck would be empty. It would hurt everyone."

City officials are trying to find a way to pay for overtime police enforcement on Thursday, Friday and Saturday evenings. The overtime was ordered to increase police presence near the burgeoning entertainment district, where hordes of teens and young adults hang out.

Birmingham Police Chief Richard Patterson said there isn't a crime problem, but having three overtime officers on the streets is necessary for public relations. It adds up to $580 per night in extra costs. Officials believe the problem may go away when school begins, but they are looking for a long-term solution.

Not all officials believe the teens are a problem. Mayor Seth Chafetz has said having the city streets full of teens is a good thing and they aren't doing anything wrong anyway. The real problem is finding an equitable way to pay for the added security.

Business owners say they don't want to pay more taxes and they don't want their patrons to have to pay more to park.

Tim Currier, Birmingham city attorney, said raising parking fees at the adjacent Park Street parking garage is a good option because it is essentially a user fee directed at the people who frequent that area of downtown.

Dennis Dembiec, director of public services, recommended charging everyone $1 at the entrance. That's how much people are charged who stay for three hours, Dembiec said, so the city would get some revenue but exiting the garage would be automatic and much quicker.

Salz said the committee will make a recommendation to the commission by September.

The city is also considering piping in baroque music in the hopes that classical music around the theater will disburse teens quickly after movies let out.

Published with permission from the Birmingham Eccentric.


10) City will hear pipe replacement plans

Aug. 10, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

A radical policy shift to use millions of tax dollars to help residents pay for failing sewer pipes isn't likely, said Tom Markus, Birmingham city manager.

"That would be so significant that perhaps the city commission would want to get the advice of the voters," said Markus. "It would increase our liability and change the course of city policy ... our recommendation is to do something that would further bring down repair costs for residents."

The topic of whether the city should help pay for lateral sewer repairs will be discussed at the Birmingham City Commission meeting tomorrow at 8 p.m. at City Hall, 151 Martin.

A vocal group of residents petitioned months ago, asking for city tax dollars to offset the cost of replacing lateral sewer pipes. The city installed the pipes, which connect individual houses to the city's sewer system, decades ago and they are failing all over town. Birmingham considers the pipes to be private property that are the sole responsibility of homeowners.

Residents want that policy to change. They say many of the pipes were made of Orangeburg, an inferior material that fails too soon. The petition asks that the city pay for the section of pipe that is under city right-of-way and reimburse residents who have had to pay as much as $15,000 to have the job done.

"We are looking forward to seeing the city's proposal," said resident David Bloom, who is leading the effort to change city policy. "And I expect the city will do the right thing for the residents."

Bloom has done much research on how other communities have dealt with the problem. He points to other cities such as Southfield and Warren that pay a portion of the repairs and a legal ruling by the Oregon department of justice that said cities in that state had to assume responsibility for repairs in the right-of-way. Other cities create tax-deductible special assessment districts that allow residents to pay for repairs over a period years, Bloom said.

Dennis Dembiec, director of public services, was charged with studying the points raised by Bloom and other petitioners.

"My job is to come up with a recommendation based on what is good for the entire community and that I have done," said Dembiec.

Markus maintains that the failing pipes benefit only individual home owners so the city doesn't have a responsibility to pay for the repairs - an interpretation that the commission has backed so far. Other cities agree with Birmingham's stance as well.

Thousands of lateral sewer pipes were installed over the years. Some were made of clay, some of cast iron and others of Orangeburg, which was the pipe of choice from 1945-62. Laterals of all different types are failing. Tree roots invade the connections of some and sediment builds up in others. Experts have said Orangeburg pipes can be ruined by running water.

John Thompson, a sewer expert with Liquiforce Sewer Services, said at a previous city meeting that Orangeburg was chosen because it was cheaper than other materials and that it took only a few years to realize the pipes would be a problem.

Most of the pipes are failing on the city's east side where the houses are older. If the commission changes course and agrees to have the city pay some or all of the cost, that would effectively have all citizens paying for the repairs because tax dollars or even bond money would be used.

Published with permission from the Birmingham Eccentric.


11) ACO will replace Maskill's Whistle Stop will get a tenant, too

Aug. 7, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

Residents on Birmingham's east side will have another place to buy a hammer, and merchants are counting on ACO Hardware to revive the shopping scene at Adams Square.

"It makes a difference just in the appearance of the center," said Cindy Cheaves, owner of Technomasters, a store a few doors down from the now-vacant Maskill's True Value Hardware, where ACO Hardware will eventually reside. "Maskill's left in March, we had the road construction and then Whistle Stop closed down. But this is a stable center. The rest of us are still here."

Maskill's closed after more than 40 years in business at 619 S. Adams.

The owners said they couldn't compete with big box stores like Home Depot. Whistle Stop, a restaurant, closed down shortly thereafter and a months-long reconstruction of Adams Road had residents wondering if the shopping plaza would survive.

But news of its demise should cease, said Debbi Stevens, owner of half the plaza. Stevens said ACO recently signed a lease and Curves for Women, a fitness center, will occupy 3,000 square feet of the former Whistle Stop restaurant.

"It's wonderful news and we are very encouraged," said Stevens. "Both of them are getting ready to submit plans to the city so we don't know when they will open."

ACO officials confirmed the Farmington Hills chain would open its 67th store in Birmingham but declined further comment.

The center will still be without a grocery store - Farmer Jack's moved out long ago and continues to pay its long-term lease to keep competition from moving in.

"The construction was difficult, but we didn't lose any of our businesses," said Stevens. "Now things are definitely on the upswing."

According to ACO Hardware's Web site, the company was founded in 1946 by Ted Traskos and his four brothers, who opened their first hardware store in Dearborn.

Published with permission from the Birmingham Eccentric.


12) Comment: Historical survey not worth the cost

Aug. 7, 2003

>From the Birmingham Eccentric

While we strongly support the concept of doing a survey of buildings in Birmingham to determine their historical significance, the city commission was correct in denying funding for it.

The price tag -- $325,000 -- was too high, it was too sweeping and possibly unnecessary. Further, it raised serious questions about privacy and property rights.

Historical preservation can be a complex and explosive issue. It has to be approached carefully and openly because it can divide communities if it isn't done properly. The objectives of the survey must be clearly outlined to generate community support or it may be viewed as still another way for the city to exercise control over residents' private property.

And we've already seen reaction from citizens over the original version of the city's poorly conceived tree ordinance.

Still, there is value in such a survey. As Commissioner Dante Lanzetta pointed out, a survey would "objectively catalog the unique and special look and feel that is the soul of Birmingham."

Birmingham does have a special character that must be preserved.

But it shouldn't take a $325,000 survey to do that. There are already photos on file of the city's 9,500 buildings. And if further exploration of the sites is necessary, it should be done by volunteers or in conjunction with the Birmingham Historical Museum.

It is possible the survey will be back on the table, although it was rejected by the commission. Unless it is substantially altered and the cost cut substantially, it should be rejected again.

Published with permission from the Birmingham Eccentric.


13) Comment: Bury, don't replace, Dante-ism

>From our discussion forum

Posted by Publius: Aug. 07 2003,15:02

The 2003 BCC election is just around the corner. This is the Dante election. 2003 will be a referendum on the leadership, tactics and philosophy of 20 year veteran Commissioner Dante Lanzetta, his group of appointees, allies and supporters and their record in power.

Four years ago Lanzetta ran in a mixed coalition, including Chafetz, Dixon, and McKeon, receiving the smallest vote of any winner. Today he heads a tight clique that controls Commission policy and has declared war on his former partners. This group has formed what amounts to a functioning political party.

If this election is a referendum on "Dante-ism," how is that defined? The best guide is Lanzetta himself. In a recent letter to the Birmingham ECCENTRIC announcing his candidacy, Dante writes:

"Yes, I'm running. I need to finish the job the voters entrusted me with. The effects of development on our community's quality of life are still very vital issues. There are right ways and wrong ways to develop. We are always seeking a balance that will preserve Birmingham's residential character.

"Those who read the Eccentric or listen to the special-interest groups may not realize how much we have accomplished, like appointing a truly responsive planning board and passing a tough ethics ordinance. That's why residents voted for us. The powerful financial interests don't like what we have accomplished.

"Two years ago, they tried to buy an election - and the government (with) paid outside political operatives and call banks from outside the state. Against such well-financed tactics and a 'local' paper that is anti-resident, it will be very hard to get the truth out. But that's how democracy works and too much is at stake to quit now. I still care deeply about Birmingham and can't abandon the city that I've dedicated almost two decades to serving."

This letter neatly sums up Lanzetta's philosophy: "Birmingham is threatened by devils. As the only honest man in town, I alone can save you." Indeed, his entire career has been a one-note theme of devil theory. The names of the devils change, but the song never does.

In the letter Lanzetta identifies his current Designated Devils: the wealthy, special interests, developers, the local newspaper. As usual, he labels those who oppose him as "anti-resident," echoing without irony or shame the "Anti-Americanism" of Senator Joe McCarthy. His purpose for running is to "finish the job" of protecting Birmingham from devils, a task that will never be finished, because new devils can always be found.

If there's any one hallmark of Dante-ism, it's anger. Lanzetta himself is, basically, a very angry guy. His statements breathe with fury, his public demeanor is one part contempt and two parts barely suppressed rage. Every disagreement is due to his opponents' stupidity, bad motives, or more often, both. As his campaign letter shows, Dante-ism is the politics of anger, division, fear, and resentment.

A look at Dante's Commission record is interesting. If you study voting patterns, you'll see Lanzetta was actually on the losing side of most important issues. Always against, Dante is rarely FOR anything.

This negativity pervades his circle of acolytes and allies, who are are notorious for their paranoia, contempt for, and cruelty to their fellow citizens. For people who claim to be "for the residents," Dante's gang have hurt a long list of Birmingham residents and public servants whose only crime was to disagree or simply be in the way. Ruthless in their abuse of power, Dante allies have openly threatened political reprisals against citizens. They have fabricated lies to damage fellow citizens' reputations. They've treated the City Hall professional staff with an imperiousness worthy of Leona Helmsley.

This negativity has become the hallmark of Birmingham's political life. We're a regional laughingstock for it. In Birmingham, we now trash each other instead of debating issues. This is the legacy of Dante.

Now Dante himself must face the community. As usual, he casts this election as a fight between…guess what!! Good versus evil! Dante versus the devils! But this time Dante must face a broad-based coalition mainly composed of his former allies and friends. Nearly everyone who helped him eke out his narrow victory last time has been alienated by his past 4 years. Lanzetta, Reagan, Kulak, Gough, Seger, & Co. have accomplished a miracle: they've united Birmingham across traditional lines…against them.

But to beat Dante and Dante-ism, the opposition must present a clear alterative. To win the Dante election, opponents must offer an Anti-Dante, not merely a Dante in false clothing. Whoever seeks to replace Lanzetta must offer a politics of openness, humility, tolerance, inclusiveness. Candidates who just want to replace Dante's gang with their own gang will be rejected, because Birmingham would rather stick with the Dante we know than gamble with a Dante we don't.

So that's Birmingham 2003, the Dante Election. You want to replace Dante, provide an alternative, a choice not an echo. Bring people together, show positive goals, and treat your fellow citizens as friends and neighbors, not traitors and enemies. We know what Dante's against. What are you FOR?

It's time to retire Dante…and well past time to bury Dante-ism. Bury, not replace. 20 years is enough.


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Birmingham Buzz # 52 -- Aug. 8, 2003 -- Part 1

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In this edition -- a feast!

(Visit our website for more frequent updates.)

(Please ignore original transmission of this edition. Correct transmission is in TWO PARTS.)

1) Comment: Keep kids out of battle for power
2) Teen invasion rattles Birmingham: Downtown crowds wear on residents
3) Comment: Reformat, don't rewrite, zoning laws
4) Survey draws heat: Costly inventory challenged by some
5) Comment: City right to kill housing survey
6) City to streamline zoning laws
7) Security concerns may boost parking fee
8) Comment: Encourage voluntary preservation of historic homes, don't try to impose it
9) City shoots down historical survey
10) Birmingham tries to save older homes: Commission seeks historical value of houses before they are torn down
11) Comment: Park use calls for a compromise
12) Letter: Park should be inclusive
13) Letter: Embrace park users
14) Plans are progressing for Barnum Center
15) No 'crystal palace' in plan for Shain Park
16) Buzz supporters form PAC, hold fundraiser
17) Ilitch: 'Downtown is thriving'
18) Teen presence overshadows downtown;some folks find the crowds alarming
19) Heated election season shaping up
20) City seeks to ease ethics law concerns
21) Comment: Ethics target won't have to sign
22) Comment: Park plans caught in city quagmire
23) New ethics law prompts resignation
24) Residents press for Booth Park upgrades
25) Comment: Nattering negativists attack farmers market, but reason and intelligence triumph
26) Letter: On Duany's Shain Park plan
27) Saroki will submit site plans within 60 days for $15 million Woodward/Maple Hilton hotel
28) Farmers market OK'd for N. Old Woodward


1) Comment: Keep kids out of battle for power

Aug. 6, 2003

Thank goodness the next election is in the fall, and not the summer. By fall, many of the kids who crowd downtown will be back to school, and political opportunists such as Commissioner Dante Lanzetta will have a harder time using them as pawns in a campaign for power and control over our city.

Lanzetta was quoted in the Detroit News this week (see below) saying, "I think having people on the streets is a wonderful thing -- as long as the people who live here don't feel like they're being squeezed out of their own town."

Lanzetta has a habit of deliberately missing points and twisting facts to suit his agenda, and he loves to pander to fear. Now he's dragging our kids into his battle for control of the city. He conveniently ignores the fact that a vast majority of the kids hanging around downtown DO live in Birmingham and immediately surrounding communities and that they are surprisingly well-behaved. It's just that they don't vote, and so don't count in Lanzetta's calculus.

We happen to like the hustle and bustle of downtown these days. Sure, there are problems. The Park St. parking structure is overcrowded, and businesses such as Ocean Grill have legitimate concerns about providing convenient access to their customers.

But the problems are minor and solutions relatively simple. There's no crime to speak of, and only minor and avoidable inconveniences to nearby residents.

Of far greater significance is the increased vitality of downtown, and the fact that we're finally providing something for teens to do. And as Andres Duany and several astute retailers have pointed out, within a few very short years, these are going to be the adults crowding our downtown.

With any luck, they'll all be registered to vote, and will all remember comments like Lanzetta's when they enter the voting booth.


2) Teen invasion rattles Birmingham: Downtown crowds wear on residents

Aug. 4, 2003

>From the Detroit News

At twilight, downtown Birmingham roars to life.

Thousands of young people -- and not-so-young people -- jostle along a few square blocks. The sidewalks are an obstacle course of giggling 13-year-old girls pretending not to notice 13-year-old boys.

Downtown Birmingham, for years a quiet enclave of upscale boutiques, is suddenly cool. It's what Gov. Jennifer Granholm was aiming for last month when she urged Michigan cities to try to become places where young people want to live, work and spend time.

But while other cities strive to be cool, some in Birmingham are beginning to wish they were a little less so. Longtime residents are shunning the downtown area, and some city officials say this isn't the kind of development they envisioned years ago in designing a new shopping district.

"We never come downtown on Fridays anymore," said Mark Aprahamian, 37, of Birmingham, pushing his 2-year-old twins down Old Woodward Avenue in a double-wide stroller. "I just don't feel comfortable with the noise and the crowds and all those kids hanging around on the corners, doing nothing."

The teens protest that they're not doing nothing -- it's just that they have nothing else to do, and nowhere else to go.

"Where else would we go?" wondered 15-year-old Daniel Falk of Troy, who comes to Birmingham about twice a week to meet up with his friends and enjoy the human spectacle. His friends live in half a dozen different communities, and Birmingham is a logical meeting place. "We always go down there with a plan. We never just go there to hang around."

On Friday and Saturday evenings particularly, downtown Birmingham is the place for teens, preteens and young adults. Birmingham police estimate 3,000 to 4,000 people crowd the blocks around the movie theaters and coffee houses along Old Woodward in this city of 20,000.

"We're not big enough to be the downtown for the entire southeast Michigan area," said Birmingham city Commissioner Dante Lanzetta, who opposed construction of the Palladium Theater multiplex and doesn't like it any better now that it's a reality.

"I think having people on the streets is a wonderful thing -- as long as the people who live here don't feel like they're being squeezed out of their own town," he said.

Teen paradise

When nearby Somerset North mall opened in 1996, Birmingham officials feared it would spell doom for their downtown area, so they set about planning what they thought would be a new shopper's paradise. What they got instead was a teen-ager's paradise.

School is out, the mall is passe and Birmingham -- with its stadium-seat multiplex, Tower Records, gelato parlors and all-night coffeehouses -- buzzes with throngs of young people.

Kids as young as 8 or 9 are dropped off on the corners by their parents to make a day of it in Birmingham. In the evenings, the older teens and young adults drive in from every corner of Oakland County, desperate for the one thing their home suburbs lack -- a downtown, someplace to hang.

"You can't exactly do this in West Bloomfield," said 16-year-old Rav Shekar, leaning out of the back window of his friend's Mustang, almost overbalancing in an effort to catch the attention of a group of laughing girls on the corner. "Back home, you drive someplace, you do what you came to do, you get back in your car and you drive home. You don't hang around. (But when) you drive to Birmingham, you know you're going to have a good time, even if you don't actually do anything."

The teens insist -- and most of the adults agree -- they aren't there to make trouble.

Despite the crowds, police say there has been no appreciable increase in the crime rate since May, when people first began complaining about the crowds. Birmingham put three additional police officers on street, bike and car patrols over the weekends -- at a cost of $580 in overtime a night.

"Birmingham is a nice place to hang out and kids have discovered it, too," Birmingham Police Chief Richard Patterson said. "But I don't think it's caused more crime. Our numbers just don't show it. And as far as more young people, I think they are going to the movies and then maybe out on the sidewalk for a couple hours, having an ice cream or a coffee and waiting for their parents to pick them up."

A few incidents

But there have been incidents -- fights on the street, including one outside a local bar on June 5 that left a 42-year-old man in a coma. Residents say they worry about the large number of teens on the streets in areas that also boast a number of bars.

Patterson said he believes the extra officers he has scheduled are adequate to handle the situation, which will likely die down in a few weeks when the kids head back to school.

"It's summertime," he said. "It's natural people want to be outside and for some of them it's a question of seeing other teen-agers and being seen."

The extra expense of the police patrols is a sore point in the city. At a recent City Commission meeting, Patterson suggested that the expense could be offset if the city levied an entertainment tax on movie tickets, or began charging visitors to park in the city garages, which currently allow free parking for the first two hours.

Lanzetta said Birmingham is barred by state statute from levying an entertainment tax, and that the loss of free parking will be an additional burden to shoppers who come to fight the crowds.

Lanzetta has suggested that the Palladium pick up the cost of extra patrols, but John Baaki, an executive with Uptown Entertainment, which owns the Palladium, isn't so sure the theater is at the heart of the problem.

"If we had every seat in the Palladium filled, that's still just 2,500 people," he said. "It's not all theatergoers."

Baaki said his company hasn't studied the effect paid parking would have on the Palladium, but would be willing to work with the city on the parking issue.

'Creative class'

Not everyone views the crowded streets as a problem.

Bob Donohue, program director for Main Street Oakland County, works to help communities build or revitalize their declining downtowns.

"Kids are good for downtowns," he said. "That's a challenge that we've put out to all our main street communities -- providing businesses for a diverse customer mix. Teens are an important part of that mix."

Two years ago, officials in Ferndale -- one of the first cool suburbs with its quirky downtown shops, bars and thriving gay culture -- set out to figure out who was coming downtown and why. Street and phone surveys found that more than half the people on the streets were between the ages of 25 and 45. The under-25 set made up just 16 percent of the mix.

"Everybody wants to see bodies out on the street, young faces on the street," said Cristina Sheppard-Decius, executive director of Ferndale's Downtown Development Authority. "I mean, that's your next generation of shoppers."

But the demographic retailers crave -- and the one the governor hoped to lure to the future-cool cities of Michigan -- is the so-called "creative class," young adults in their 20s and 30s with disposable income and a willingness to pick up and move to a new city if they like its atmosphere.

People like Julie Lowendick, 29, of Royal Oak, who emerged from an evening matinee at the Palladium into an ocean of idling teens.

"I'm getting high school flashbacks. It's like recess just let out," said Lowendick, who nevertheless says she loves coming to downtown Birmingham, "for the people watching, if nothing else. You park for free, catch a movie, get something to eat, maybe do a little shopping."

No business boon

The crowds on the streets don't automatically translate into cash in the register for Birmingham businesses. Many of them shut their doors by 6 p.m., before the streets start jumping. But retailers say that even if the young visitors aren't helping their business, at least they do no harm.

"Truthfully, in the summer, there are a lot of kids down here," said Penny Zywick, general manager at Forte, A Birmingham Restaurant, which caters to the adult crowd with a menu priced well above the average teen's allowance. "But truthfully, they are not disruptive, they do not act badly. They don't seem to shop a lot. They just walk around, talk on their cell phones and do the whole who's who of walking around at 14 years old."

Almost every community that attracts young people inevitably suffers some sort of a backlash. Southfield fielded complaints about the hordes of youths who made the Star Theatre the cool hangout of choice. Royal Oak coffeehouses toyed with the idea of a time limit to discourage teens from settling in for the long term.

Then again, the quickest way to turn off a teen is to try to tell him or her what is or is not cool. Some are already beginning to drift away from Birmingham, in search of the next cool hangout.

"We're starting to cut back" on trips to Birmingham, Falk said. "There's too many elderly people -- adult people -- giving us a hard time, asking us, 'What are you doing here?' We're not doing anything!"


3) Comment: Reformat, don't rewrite, zoning laws

Aug. 3, 2003

Plain English and high technology are two of our favorite things. So we applaud in theory the city's move to make its zoning ordinances more user-friendly by rewriting and reformatting them in a hyperlinked document, and supplementing them with drawings and charts.

Jana Ecker, our relatively new city planner, did this once already in her previous job in Jeffersonville, Ind., and so we hope her experience will help.

We suspect that little in her experience prepared her for the likes of Gary Kulak, however. Kulak is the Planning Board chairman who spends more time at City Hall than most city staffers, and who has made it his mission to throw roadblocks in front of as many projects as possible under whatever pretense he can think of.

Our biggest fear as the city undertakes this project is the extent to which Kulak and other micro-managing anti-change cronies of Commissioner Dante Lanzetta will attempt to re-interpret our laws.

Let's face it: If the zoning ordinances were so well-written, they wouldn't need this "reformatting." Just in the past two years, numerous ordinances have needed official reinterpretation, several proposed ordinances have been sent back because they were ambiguous or vague, and our Building Official, Mary Ferrario, almost daily provides interpretions for property owners and builders.

So you can bet that Kulak and others will be looking to use this project as a way to rewrite, as well as reformat, existing law. Our city commissioners, city staff and those who work with these ordinances every day need to keep a close eye on this project, and keep Kulak (and others who pervert the process) in check.


4) Survey draws heat: Costly inventory challenged by some

Aug. 3, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

Historic preservation and the right to privacy will collide if city officials try to resurrect a planned historic survey of Birmingham, said resident Sandee Battier.

"This is not a historic survey," said Battier, "It is an inventory of every residential and commercial building in the city ... I consider this inventory and public access to it to be a gross invasion of my privacy."

Keith Deyer, chairman of the city's Historic District and Design Review Commission, is leading an effort to get a $325,000 survey done that would catalogue the city's 9,500 buildings and provide written histories of 23 distinct neighborhoods.

The Birmingham City Commission recently denied approval of a $181,772 contact to complete the first phase of the work. Commissioner Rackeline Hoff questioned the need for the study and its expense. On the other side was Commissioner Dante Lanzetta Jr., who said it was time to "win one for the neighborhoods" by approving a project that could preserve historic structures.

"The historic survey will objectively catalogue the unique and special look and feel that is the soul of Birmingham," said Lanzetta. "We will not only get useful, useable data, but will become eligible to be certified. The seven cities already certified in Michigan have been dividing up a pot of in excess of $1 million per year for historically related expenses. Once we achieve that status, we get a two-year payback. It is fiscally irresponsible NOT to do the survey."

The current estimate for the second phase is $305,000 but city officials have said they would like to stick to the original budget. Battier thinks even that is too much.

"If our commissioner, Lanzetta, (and other preservationists) think this is going to be such a valuable tool let them campaign for the monies needed or else dig deep into their own pockets," said Battier. "...This is a ridiculously expensive and useless project. Just leave my tax dollars alone."

Deyer was undaunted in defeat and said the HDDRC will push for another vote because two members of the commission were absent.

The likelihood of a second vote has residents picking sides.

On one side is a group that has seen many old houses torn down to make way for new ones. They don't know if the houses that were torn down were historic, but they want they want to make sure historic homes aren't torn down in the future.

On the other side is a group that doesn't like the expense of the project or the fact that photos and statistics of every house would be available for viewing at the public library.

Lanzetta also offered an opinion on the preservation vs. privacy issue.

"Preservation was not up for discussion -- and no new private information is being sought," said Lanzetta. "But this is another "red herring"; the naysayers don't care any more about privacy rights than they care about preservation -- which is precious little. We already spend far too much time on the downtown and far too little on our neighborhoods. Killing the survey is just one more insult to the neighborhoods."

The city already has photos of every building on file at the assessor's office. The county took the photos two years ago for tax purposes. At the time, residents complained that the photos were an invasion of privacy.

HDDRC member Marcia Rowbottom said about half of the photos the city already has aren't suitable for the historic survey because they don't show enough detail. If the survey is done, it will include photos from several angles.

Several uses for the survey have been discussed including merely documenting what the city has, using the findings to establish new rules for what can be built in certain neighborhoods and preserving individual historic structures or entire neighborhoods.

"I think the real question on everyone's mind is what is this information going to be used for?" said Birmingham City Manager Tom Markus. "To preserve historic houses, you have to have a starting point and this inventory would provide that."

Published with permission from the Birmingham Eccentric.

5) Comment: City right to kill housing survey

In effort to preserve recent history, preservationists propose
more city control of homes more than 50 years old

Aug. 3, 2003

>From the Detroit News

The Birmingham City Commission was smart to slap down a proposed survey of historic homes in the city. Actually, the sweep would have looked at the Oakland County suburb's housing on the chance it would find some of historic value.

Some commissioners rightly balk at the $181,000 cost.

Local preservationists and history buffs still push the plan, but officials should stick to their guns. The proposal would spend scarce public tax dollars to bankroll the special interests of a relatively small group.

A better plan for residents: Adopt the private venture approach that successfully preserved buildings in Washington, D.C., North Dakota and elsewhere around the country.

In Washington, for example, some residents were horrified at plans to close and perhaps raze the Avalon Theater, built in 1922 and desired as anchor for a cohesive neighborhood.

But the activists didn't ask for a government bailout. They formed the Avalon Theatre Project Inc., and raised more than $400,000 in gifts and pledges to preserve and operate the building. "In return for its investment of funds, the community will have Washington's finest movie house -- the best of old architecture and new films and technology -- as well as off-hours use of the theater by the nonprofit community," the group notes in its report of the project.

A similar venture was set up in Crosby, N.D., which also wanted to preserve an old theater, The Dakota. The community raised $75,000, mostly in donations under $100.

Birmingham preservationists are not planning to save a building, but a survey of city history is an ideal private venture, including drafting volunteers and fund-raising. Let those who are interested in such things pay for them.

Beyond the survey, some would give Birmingham government more say in what happens to all homes over 50 years old, estimated to be most houses in the city. The plan would work through the city's existing Historic District Design Review Commission.

In their more severe forms, historic districts elsewhere can prevent growing families from adding a bedroom or family room onto a house in an area, say, that dates from colonial times.

However, a 50-year-old house is hardly historic. Controlling such homes beyond typical zoning smacks of Birmingham's ill-starred plan to require homeowners to pull a city permit to trim their own trees. Even now, the city's shade lovers want tighter tree-trimming restrictions, setting up conflicts with homeowners who prefer sunny lots.

If Birmingham preservationists are serious, they will organize privately to identify homes of historic interest among the city's 9,700 houses. If a building is deemed historic, fund raising to buy and preserve it would be a direct measure of community interest. Whether the fund-raiser is a bust or success, the community will have spoken.

The current push for a tougher historic building ordinance for the city's residents is little more than this: A relative handful of history buffs want to translate their avocation into official policy at taxpayer expense.

Better to go the route of public education and private funding. And for inspiration, look no further than North Dakota town of Crosby. It saved the old Dakota Theater with a very small base of support -- 1,201 people--the town's total population.

Age of Birmingham housing

When the approximately 9,700 housing units in Birmingham were built:

* 51 percent -- 1940-1959.
* 23 percent -- 1939 or earlier.
* 8 percent -- 1960-69.
* 8 percent -- 1970-79.
* 5 percent -- 1990-98.
* 4 percent -- 1980-89.
* 1 percent -- 1999-2000.

Source: Census Bureau


6) City to streamline zoning laws

Aug. 3, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

Understanding the city's labyrinth of zoning ordinances is about to get much easier.

"Everything about a given topic will be on two pages with hyperlinks and cross-references," said Birmingham City Planner Jana Ecker. "This is really the cutting edge."

Ecker, former planner for Jeffersonville, Ind., oversaw the reformatting of that city's ordinances and is now doing the same thing in Birmingham.

"The basic idea is to make it more user friendly," said Ecker.

Currently, the city ordinance book is comprised of thousands of words that have been cobbled together over decades. Many ordinances have been rewritten several times and the result is often confusing to all but seasoned professionals.

The new version will strip down the ordinances to basic language and add graphics and illustrations to make the rules easier to understand. The Birmingham City Commission awarded a $32,800 contract to Ground Rules Inc. The company has to get proper insurance and make sure its final product will be compatible with the way the city currently handles its on-line version of the ordinance book.

If all goes well, the new graphics-based version will be done in March, 2004. Residents and developers will be able to access it via the Internet. Color copies will be available for purchase at city hall and the entire document will be offered on a CD for home use. Prices haven't been determined yet but look for the color book to be around $90 and the CD less than $10.

Electronic versions will also be keyword searcheable. Ecker said the switch will offer quick answers to most simple questions, while complex matters will still require a visit to the city's Community Development Department.

"I have seen this company's work in Jeffersonville and it is very easily understood," said Birmingham Mayor Seth Chafetz. "This is something our city definitely needs."

Published with permission from the Birmingham Eccentric.


7) Security concerns may boost parking fee

Aug. 3, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

The cost of parking could be going up near the Uptown Palladium 12.

City officials are trying to find a way to pay for overtime police enforcement on Thursday, Friday and Saturday evenings. The overtime was ordered to deal with the throngs of teens and young adults who go to the movies, coffee shops, restaurants and bars.

Birmingham Police Chief Richard Patterson said officers on the streets don't believe there is a true crime problem in town but having three overtime officers on the streets is necessary for public relations. It all adds up to $580 per night in extra costs.

Birmingham City Attorney Tim Currier said the commission had several choices to raise the money but the best option would be to raise parking fees near the burgeoning entertainment district.

That area is crowded this time of year.

"You may find that the problem of having so many people on the streets disappears in winter," said Currier. "This is a scalpel approach as opposed to a meat ax."

Currier said parking fees can be adjusted by season as police overtime hours may not always be needed.

The closest parking structure is the Park Street parking garage. Parking is usually free for the first two hours at all city garages but the city is considering adding a special fee for the nights in question.

Patrons have complained that it takes too long to exit the parking structure on weekends. They say dozens of cars are leaving at the same time and with everyone trying to pay the teller, it can take as long as a half hour to leave.

The problem could be solved by instituting a mandatory $5 parking fee that would be collected when drivers enter the garage. That way everyone would be able to leave faster, said Tom Markus, city manager.

The matter has been referred to the city's advisory parking committee and a report is expected back within 45 days -- when teens are back to school and crowds will likely be less of a problem.

City officials are also pursuing the possibility of playing classical music outside the theater. Such music is supposed to disburse teens quickly, and Markus has his eye on some $4,000 loudspeakers.

"If it works, it is much cheaper than paying the police $2,000 every weekend," said Birmingham City Commissioner Donald Carney.

Published with permission from the Birmingham Eccentric.


8) Comment: Encourage voluntary preservation of historic homes, don't try to impose it

Aug. 2, 2003

Listening to the debates over recent proposals by the city's Historic District Design Review Commission, we can't help but think the discussion is a bit confused, and that both proposals might be not-so-thinly-veiled attempts by the current regime to control residents and tell them what they can and can't do with their property.

Remember the tree ordinance, where every "landmark" tree in the city was to be identified, and owners of said trees were to be strictly limited in what they could do with them? Luckily for those of us who like to use our own judgment in dealing with our own property, the tree ordinance went down in flames.

Now we have the historical survey, and a proposal to review demolition permits on any building more than 50 years old.

Of the historical survey, HDDRC member Bill Dow says, "We need to know what we have."

Birmingham City Commissioner Dante Lanzetta says, "For all the money that gets thrown around on downtown, it is time to win one for the neighborhoods."

Let's try to clarify things for these two confused city officials.

Mr. Dow doesn't seem to understand the simple concept of property ownership. Mr. Dow's "we" don't "have" anything when it comes to our homes and businesses. Those buildings belong to the people whose names are on the deeds, and Mr. Dow should focus his energy on the buildings that "we" really "have," such as City Hall, the Allen House, the Hunter House and other public structures. Of course, as an investor and historic preservationist, we'd also encourage Mr. Dow to purchase as many old homes as he can afford, and preserve them for "us."

Mr. Lanzetta, similarly confused, portrays the debate as one of downtown against neighborhoods. That's a common theme for Lanzetta, especially around election time. But the historical survey is meant to cover ALL buildings in town. How you turn this one into a downtown vs. neighborhood fight is beyond us. (If Lanzetta truly wants to win one for the neighborhoods, he should start by keeping his nose out of them.)

The historical survey would be a good idea if it weren't so costly, and if the bulk of the information it produced had any real value. We don't need to survey all 9,500 buildings in town to figure out which ones are historic. It would also be nice if the motivation was purely academic. But it's not.

The proposal to review demolition permit applications on any home more than 50 years old goes hand-in-hand with the historical survey as part of the effort to impose the will of a few (who are hell bent on stopping change) on the property rights of the majority. When you look at some of the homes this proposal would cover over the next 10 years, those built in the 1950s, the ridiculousness of it becomes clear.

We think the HDDRC is misguided. People get awfully nervous when you start suggesting their property might be declared historic. If the HDDRC defined for us at the outset what it considers to be historic, it might quell a lot of fears. Then, it ought to go about encouraging voluntary historic preservation, rather than coming up with proposals aimed at imposing it on us.


9) City shoots down historical survey

July 31, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

Sticker shock killed a planned historical survey of Birmingham Monday.

"I'm a little overwhelmed by the project," said Birmigham City Commissioner Rackeline Hoff. "There was a first estimate of $50,000 and at no time were we advised that the first phase was going to cost triple what was anticipated."

Hoff, a communications specialist, questioned not only the $181,772 cost, but also the need for the study.

"What would people use the study for?" asked Hoff.

Keith Deyer, chairman of the city's Historic District Design Review Commission, said the HDDRC wanted to get a "snapshot of the city" so preservationists could find out how many of the city's 9,500 buildings had historical value. The survey of the city was to involve photos of every structure and a detailed written history of Birmingham and its distinct neighborhoods.

The first phase was to be preliminary photos and the written history. The optional second phase was to be an in-depth study of historically significant structures. Mead & Hunt, a firm with offices around the country, was picked for the first phase despite being the third low-bidder.

The company's depth of experience was highly valued by the HDDRC.

Stephanie Ward, educational program planner for Mead & Hunt, said the company had to "take a stab" at estimating what it would cost for the second phase, but another $305,000 would do provided the city wants detailed reports on no more than 200 structures.

"Once we have more information, we could get with the HDDRC and the [City] Commission and negotiate a price," said Ward.

Hoff questioned the $768 in labor to develop a flier to tell people that surveyors were coming, and nearly $25,000 in travel expenses.

Birmingham City Commissioner Dante Lanzetta took the opposing view.

"For all the money that gets thrown around on downtown, it is time to win one for the neighborhoods," said Lanzetta.

Birmingham City Manager Tom Markus said the study had merit and that he could cope with the accelerated costs provided the total job didn't exceed the planned two-year budget of $325,000.

HDDRC member Bill Dow said the money would be well spent.

"We need to know what we have and why it is valuable," said Dow. "This si a very valuable tool, and 50 years from now someone is going to look back and say, 'Thank goodness someone had the foresight to do this.' "

Though commissioners Russell Dixon and Gordon Thorsby were absent, a vote was called on awarding the contract. The vote was 3-2 with Dianne McKeon voting no with Hoff. The city charter requires four votes, so the preservationists were defeated.

Deyer said they would try to get it on a future agenda when a full commission is expected.

Published with permission of the Birmingham Eccentric


10) Birmingham tries to save older homes: Commission seeks historical value of houses before they are torn down

Jan. 31, 2003

>From the Detroit News

The city wants to make sure it's not losing anything of historical value when older homes are torn down and replaced by new, larger ones.

Birmingham's Historic District Design Review Commission is working on a proposal that would require a thorough background check of a home that may have historical value before it's demolished.

The commission will take the proposal to Birmingham's City Commission in hopes of making it an ordinance.

An average of 70 homes is torn down each year, and the review commission wants to make sure the city knows what is being destroyed, said James Sabo, city planner.

"It's a safety mechanism," he said. "We want to know, 'Are we losing any historic resources?'"

The review commission wants to submit its sample ordinance to the city commission before the end of August, said Keith Deyer, commission chairman. The law would affect all homes more than 50 years old.

"It's better to take the time to explore (a home) than not know what we destroyed," said Deyer, who lives in a home that would have to undergo the review if the ordinance is passed.

Birmingham has 46 homes designated as historical. Right now, laws only allow for the review commission to have a say on demolition of those homes. The commission is pushing to have a say on all homes built more than 50 years ago. That would encompass more than two-thirds of Birmingham's homes.

Residents are backing the commission's efforts.

Sid Murdock, who has lived in Birmingham for 40 years, said she applauds the commission's work to maintain historical residential property. The homemaker has lived in her 1939-built home for 20 years.

"I think it's fair," she said. "I'm very much in favor of doing whatever it takes to keep historic quality."

Murdock said she's had additions built onto her Bates Street home but wouldn't tear it down.

"It's easy for me to say (pass the ordinance)," she said. "But maybe it's maddening for those who want to tear down their property."

Deyer said he understands not all property owners want the ordinance to go into effect.

"It's a basic conflict: Do we preserve the city or do we let people do what they want with the property they own," he said.

"Some may view as it as infringing on their personal rights, but we look at it in the bigger context. We want to maintain property that makes Birmingham unique."

Members of the review commission don't think any historical properties have slipped through the cracks and been demolished.

"This is just advance planning," Deyer said.

Franklin Village already has a system similar to what the commission is seeking, he said.

After an application for a demolition permit has been submitted, the city does preliminary research on the property. If the home is believed to have historical value, a consultant firm performs a $600 review.

The review commission hasn't solidified any details of what it would charge Birmingham residents for a thorough review, Deyer said.

Birmingham resident Roger Kasle said people shouldn't buy a historical home looking to tear it down. He moved into his Stanley Boulevard home two years ago because of its background.

"I redid the inside of the house, but I've kept the feeling of it being a 1901 farmhouse," said Kasle, chairman and president of Kasle Steel Corp. "Can we put a quantity or quality on how much history to keep?"

Owners of historical homes should have to go through more to demolish their property, Kasle said.

"If you didn't want a historical home, you shouldn't have bought one in the first place," he said.


About the HDDRC

* The Birmingham Historic District and Design Review Commission has the power to stop the demolition of any of the city's 46 designated historical homes.

* The group will present the City Commission with a sample ordinance extending its power to stop or slow down the demolition process of any home more than 50 years old.

* A home believed to have historical value will have to be examined by a consulting firm before it's demolished. The owner would have to pay for the review.

* Franklin Village already has a similar system in place.

* The commission will present its proposal before the end of August.


11) Comment: Park use calls for a compromise

July 31, 2003

>From the Birmingham Eccentric

A controversy is brewing over the use of St. James Park, which is located behind the YMCA.
Some residents abutting the park are upset over use of the ball diamond and soccer field by area private schools. The fields take up a major portion of the park, leaving a relatively small area for use by people in general.

Supporters of the present arrangement say the private schools that use the fields contribute to the community as well. Many residents, it has been pointed out, send their kids to Brother Rice and Roeper schools, which make use of the fields.

City officials are correct in pointing out that the city has no obligation to provide space to private schools and if the schools want sports fields, they should build their own.

But such a hard-line attitude is not warranted. In fact, the schools are part of the Birmingham community. Roeper has a campus in Birmingham and Brother Rice does draw students from the city.

This is a situation that clearly calls for compromise. Residents around the park should be surveyed to get input on if they feel the park is being used properly. And it should be pointed out that Birmingham has a variety of parks, none of which are distant from any point in the city.

But if residents are adamant, the city may look into reconfiguring the park to provide more general space with less area devoted to sports fields.

However, in the best interest of being encompassing, the city should work with the schools and residents to seek a compromise. There is enough recreational space in the city to accommodate all.

Published with permission from the Birmingham Eccentric.


12) Letter: Park should be inclusive

July 31, 2003

What a sad commentary that Birmingham residents around St. James Park are complaining that the park is used by students dedicated to healthy endeavors like soccer, baseball and tennis!Ê Sadder, still, that they use such an exclusionary tone suggesting that the students using the park are somehow "undeserving" because they attend private schools.Ê

Instead, those residents should be thrilled that they live so close to a spacious and well-kept park. They should celebrate every time the student teams play, acting as role models for small children and providing wholesome entertainment for their neighborhood.Ê

Additionally, if it weren't for Brother Rice and Roeper renting that space it is likely that the fields would not have enough casual participation to warrant the expense of their upkeep.

What kind of message does this send to our youth in this city?Ê First, adults complain because kids hang around downtown and now they complain because kids use the city parks for sports.Ê St. James Park is certainly large enough to host multiple activities (activities which bring revenue to the city, don't forget).

The residents lodging these complaints, and the commissioners who support them, create divisiveness and advance Birmingham's already poor reputation of trying to keep outsiders away.

Julie Plotnik
Birmingham


13) Letter: Embrace park users

July 31, 2003

It is truly unfortunate, and hopelessly narrow minded, that Commissioners Lanzetta and Chafetz have so little regard for their constituents that they don't understand how many Brother Rice and Roeper families are Birmingham residents. Nor do they comprehend the extent to which the schools' students enrich our community.Ê

It is particularly distressing that residents around the St. James Park are bothered that Roeper and Brother Rice student teams use the park frequently. One resident suggested that, "We don't have to support them" because Brother Rice is not in Birmingham. Shall we not support Groves and Berkshire, which are in Beverly Hills? Or Birmingham Covington which is in Bloomfield Township?

Should we also alienate families attending Harlan, Pembroke, Beverly, Greenfield, Bingham Farms and West Maple elementary schools because they are all located outside of Birmingham city limits?Ê

We are lucky that we are a community that values its children enough to provide team sports and recreation. We have precious little greenspace and should be proud that we seek to utilize the parks to serve not only our residents, but also those from surrounding communities who lack beautiful parks.

Commissioners Lanzetta and Chafetz, and theÊneighbors around St. James Park, would better represent our city by embracing the entire community instead of drawing lines that divide.

Tom McDaniel
Birmingham


14) Plans are progressing for Barnum Center

July 31, 2003

>From the Birmingham Eccentric

By Ralph Seger

Meeting monthly since April 2003, the Barnum Center Steering Committee is carefully making progress towards developing an acceptable plan for the interim and long-term public use of the facilities.

Wade Trim, Inc., consultants to the original Steering Committee Feasibility Study Board, reviewed the findings and recommendations developed in October 2001 that led to the City Commission voting for acquisition of the property from Beaumont Hospital. The committee is to:

(a) Evaluate current conditions and structural elements of the Barnum buildings,

(b) Evaluate for possible interim uses, and

(c) Evaluate for possible long-term use including, but not limited to, a community center, seniors' housing units and/or other possible municipal uses.

It quickly developed that the terms of the lease of the center to Beaumont Hospital severely limited interim use. Insurance, security, operational costs and staff requirements put a damper on such use as the therapy pool and other interior ideas. The athletic grounds will continue to be used, as well as limited use of the gym, by the Birmingham Police Department. The city administration has set up an approval process for limited use of a meeting room.

It was decided to postpone hiring consultants until more information and answers became available about uses of the facilities. Subsequent presentations from recreation center personnel from the cities of Troy and Livonia revealed extensive use of consultants for planning, evaluation and receiving community input.

At the May 1, 2003 meeting, the committee identified ideas for long-term and short-term goals as follows:

* Family aquatics/swimming lessons
* Residential development for senior citizens
* Athletic fields/open space
* Studio space-multipurpose including aerobics, dance, yoga and tai-chi
* Fitness center/weight and gym
* Outdoor skating rink
* Children's day care program
* Teen center/coffee shop
* Tennis courts (current condition was discussed)
* Jogging/track station
* Bench seating
* Indoor_outdoor pool.

These are only ideas and remain to be explored.

Committee member Bill Duffy suggested an evaluation of each activity:

* What would the capital cost be to redo the building to provide the activity?
* What would be operating costs?
* What is the time needed to develop the building to provide that activity?
* What is the likely percentage of utilization?
* What revenue would be generated from the activity?

Because of the revenue constraints of the city budget, it is felt the facility must be self-supporting as are the golf courses and ice rink.

A tour of the building by the full committee and study by a sub-committee concluded the building is in good shape.

Legal issues were explained to the committee by City Attorney Tim Currier. The committee asked for a legal opinion as to whether the [$25 million parks] bond proceeds might be used in part to fund senior housing. The committee hopes to have an answer for its August meeting.

The feasibility of use of the therapeutic pool is under study by a subcommittee. It was pointed out that a proposed operation of the pool prior to a general use of the building is constrained by a number of factors:

* Since the pool has been shut down, there remains the question of bringing it and the locker room up to code.

* Costs and staffing as an independent facility may be prohibitive.

* Security, insurance and the present rental agreement concerning the facility with Beaumont Hospital are impediments.

Presentations have been made by the recreation departments of two nearby cities who have gone through a similar process as this committee is charged with. In June, Stu Alderman, superintendent of recreation for the city of Troy, made a presentation to the committee. In July, the committee enjoyed a lengthy presentation by the Recreation Department of the city of Livonia. Troy has some 86,000 residents and Livonia over 100,000 compared to the 19,000-plus for the city of Birmingham. Both presentations stressed getting community input on what was desired and how much users would be willing to pay in fees.

The plate of the committee is a full one. The committee members and the city recreation department staffer of Bob Fox and Lauren Wood are working hard to accomplish their goals. It is obvious the committee will have to have sound input from the community and consultants as to feasibility, desires, costs and a multitude of other issues. Participation by the general public at monthly committee meetings at the Barnum Center is more than welcome.

The agenda is posted on the city's Web site. The schedule of future meetings can be obtained by calling Lauren Wood or Bob Fox at (248) 644-1807.

Ralph Seger is chairman of the Barnum Center Steering Committee.
Published with permission of the Birmingham Eccentric.


... CONTINUED IN PART 2 OF THIS EDITION -- IN SEPARATE EMAIL ...

Birmingham Buzz # 52 CONTINUED -- Aug. 8, 2003 -- PART 2

15) No 'crystal palace' in plan for Shain Park

July 31, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

In an effort to prevent a repeat of the "crystal palace" syndrome that doomed the first effort to expand Shain Park, city officials continued to put their faith in urban planner Andres Duany Monday.

"We can't ignore that if we go back to the crystal palace, we are going to be fighting the maelstrom again," said Birmingham City Commissioner Dante Lanzetta Jr.

The crystal palace was a proposed greenhouse-style building element on a parking structure included in a 1997 design. It came to symbolize the excess of the plan.

"The problem we had that got us to the palace was in fact letting the parking drive the design. My only fear is that by doing a parking study we are going to get right back to it and to hell with how our city center looks. We did that once and it was very bad."

Lanzetta was reacting to a push to shift directions in the proposed expansion project. Commissioner Donald Carney -- who has long opposed Duany's involvement -- wanted to hire a local parking expert to conduct a study rather than have Duany proceed with designing the expansion.

Duany is a famous but pricey architect from Miami who in 1996 authored the Downtown Birmingham 2016 Plan. The plan was supposed to set the direction for community development over the next 20 years. Some residents have said an important concept in the plan is Duany's basic idea to expand Shain Park by planting grass on what is now municipal parking lot No. 7.

The city first tried to implement Duany's concept in 1997.

A local design firm was hired to design the park expansion and the result was a lofty plan that would have cost an estimated $18 million to implement with surrounding streetscape improvements included.

Largess crept in after a controversy erupted over expanding the park by installing an acoustic band shell on parking lot No. 7. Users of the parking lot -- many of whom frequent The Community House -- demanded replacement spaces, and a $9 million parking structure with a crystal winter garden included in the design. The plan was scuttled in 2000 as being too ambitious and too costly.

It took three years for the commission to revisit the idea by bringing back Duany. He met with city officials and residents in May and toured the park. Lanzetta said head-in parking around the perimeter of the park might be a solution to the problem.

At the May meeting, several residents said Duany's 1996 impression that Birmingham wanted to become a bustling city may have been misguided. They asked for a simple "village green" concept to expand the park that would contain traditional playground equipment.

Duany said he would gladly revise his plans and come up with two drawings. One showing his original concept with Lanzetta's parking suggestions and another of a village green. The price for doing the work was the topic of discussion Monday. Duany wanted $18,000 to proceed.

"The proposal right now is deliciously vague, and I'm uncomfortable with that." said Carney. "We need more detail on the parking before we proceed."

Birmingham resident George Dilgard said adding underground parking is the best option and going with head-in parking would reduce the potential park expansion by 15 percent.

"I don't feel the $18,000 in expenses for Mr. Duany will be beneficial or get us to where we want to be," said Dilgard.

Officials at The Community House support underground parking as well or a new two-story parking deck . Birmingham City Manager Tom Markus warned that letting parking dictate the design would lead to trouble again. He suggested paying Duany's asking price and bringing him back to town to explain the concept and how parking can work within it.

Birmingham Mayor Seth Chafetz didn't need much encouragement.

"We already had a six-hour meeting and five hours of it was spent talking about parking for The Community House," said Chafetz. "We've already been down this path and Mr. Duany knows the importance of the parking... I don't think we need to derail anything, and I'm not willing to stall or change directions on it at all."

In the end, the commission decided to have the city refine the contract with Duany to make sure both sides have the same expectations.

"We want to make sure we are comfortable with the level of detail," said Markus. "And I don't think Duany will have a problem with that."

The matter will likely be back before the commission at its next regular meeting, which is slated for 8 p.m. Aug. 11, at city hall, 151 Martin.

Published with permission of the Birmingham Eccentric.


16) Buzz supporters form PAC, hold fundraiser

July 30, 2003

Supporters of more responsible government for Birmingham have formed a political action committee and held its first fundraiser Aug. 1.

Neighbors for a Better Birmingham raised more than $5,000 at its first official event.

The PAC was established by Buzz founder Clinton Baller and fellow editors Christopher Longe and Shelli Weisberg. Donations of up to $500 per person are being accepted. The money will support efforts by the Buzz and others to elect more responsible candidates to the Birmingham City Commission.

Incumbent commissioners Dianne McKeon, Russell Dixon, Dante Lanzetta and Mayor Seth Chafetz have all indicated they will run for re-election in November. Also in the running are Tom McDaniel, former chairman of the Birmingham Historic Board; former commissioner and Mayor Scott Moore; Julie Plotnik, who ran an unsuccessful campaign for commissioner two years ago, and resident Denise Grzech.

Considering running are attorneys Stuart Sherman and Lex Kuhne, and longtime Birmingham watchdog and former commissioner and Mayor Dorothy Conrad.

Neither the Buzz nor the PAC have endorsed any candidates as yet, but Baller says it is likely they will both strenuously oppose the re-election of Lanzetta.

"Lanzetta is the single most negative influence on Birmingham today," Baller said. "He may have done some good for our city in the past, but times change, and Lanzetta has certainly changed. He is angry and manipulative, and it's time for him to go."


17) Ilitch: 'Downtown is thriving'

July 10, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

Christopher Ilitch, president of Ilitch Holdings, helps run one of the area's most prominent companies. The company was founded by his father and it owns the Detroit Red Wings, the Detroit Tigers and Little Caesars, among other things.

One of Ilitch's duties is overseeing Uptown Entertainment, which operates both movie theaters in Birmingham. The first is the Uptown Birmingham 8 at 211 S. Old Woodward and the other is the Uptown Palladium 12 at 250 N. Old Woodward.

Ilitch, a 10-year resident of Birmingham, said he often walks the streets of the city and likes the fact that it remains one of the few vibrant downtowns around. Some long-time residents expressed concerns that the Palladium is changing the once pedestrian downtown scene into a raucous atmosphere that attracts throngs of teens.

"Everything in life has advantages and disadvantages," Ilitch said. "Our downtown is thriving and that means more people, more cars and more kids lingering around. We would be happy to work with whomever to do our part to better the situation, but we have never really been approached."

Ilitch said there hasn't been a serious incident inside either theater, and Birmingham police back the statement. Uptown has a security person who also has medical training. The man works on weekends and whenever a major movie is opening. He hasn't had to break up a fight at the Palladium and has in fact provided medical assistance to patrons who have become sick, said John Baaki, senior director of business operations.

Baaki said the marketing concept for the two movie theaters is ideal because it allows patrons a variety of experiences. Those who want to see first-run feature films can do so at the Palladium, while those that prefer limited-release films can go to the Birmingham 8 for a more relaxed atmosphere.

For the most part, young people flock to the Palladium and mature audiences prefer the other theater. Showtimes are staggered so hundreds of teens don't exit the theater at the same time, Baaki said.

On whether the Palladium is attracting a "dangerous element" to downtown Birmingham, Ilitch said it is in fact doing the opposite.

"We don't see it all," said Ilitch, on the perception of increased danger. "We are one of Disney's favorite theaters because we show a greater percentage of family films than most theaters."

Published with permission from the Birmingham Eccentric.


18) Teen presence overshadows downtown;some folks find the crowds alarming

July 10, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

Hundreds of moviegoers spill into the streets surrounding Birmingham's Uptown Palladium 12 on a recent Saturday, and police are ready for them.

A tricked-out SUV with 20-inch rims rolls up to the stoplight at Hamilton and North Old Woodward with rap music throbbing from the back. The combination of chrome and catchy backbeat has the desired effect as a group of teenage girls approaches the truck.

"What's going on?" asks one of the truck's passengers.

"Just hanging out," responds one of the girls.

A Birmingham police officer motions to the truck's driver and asks him to turn down the music. But the traffic light turns green and the truck eases away. What's now a gaggle of giggling girls gathers at the corner to rehash the encounter.

"He'll come around again," says one of the girls.

As the music thumps off into the distance, the girls decide to get coffee instead of waiting around for the car to return.

The scene is typical in downtown Birmingham these days, and some residents aren't amused.

"I'm wondering if there is a way to track the atmosphere of the town," said Birmingham resident Paul Reagan. "Something has changed downtown and we don't know why."

Reagan made the comments at a city meeting, though he didn't specifically say how the atmosphere is changing downtown.

Local politicians were quick to point out that police presence has been stepped up downtown. With three officers on overtime for the rest of the summer and another stationed outside the theater, security shouldn't be a concern, said Birmingham Mayor Seth Chafetz.

"Change is inevitable, but the volume of teens downtown has been constant for a couple of years," said Chafetz. "One of the aspects of having a safe town is providing a place for kids to hang out. ... I've been downtown to the movies four times in the past couple of months and haven't had a problem. The kids are great. They aren't causing problems."

Chafetz said crowded streets are a good thing for Birmingham - considering the alternative.

On that same Saturday night, three teens were detained for tossing debris off the Park St. parking garage. There were no arrests made and the teens were turned over to their parents.

Birmingham Police Cmdr. Steve Schettenhelm said the department made 42 juvenile arrests last year and 41 the year before. In the first months of this year, 26 teens have been arrested.

Schettenhelm attributes the increase to having more police on the streets; not more crime.

"We are getting complaints but they aren't specific," said Schettenhelm. "There are more people on the streets and it really comes down to the fact that that alone makes some people uncomfortable."

In June, a 42-year-old Oak Park man was punched in front of the Comerica Bank on North Old Woodward near Hamilton. Police said the man was walking down the street when he passed a group of four or five men between 18 and 23 years old. Police believe one of the members of the group said something to the victim and he turned to confront them.

A short altercation followed and the victim was struck once in the face. He fell backward and hit his head on the concrete, causing severe head injuries. Police are still looking for the culprit, and the victim hasn't fully recovered.

The incident occurred near the Palladium, and some residents questioned whether it would have happened without a crowd of people milling around to see movies there.

A look at the city's crime statistics shows that teens aren't being picked up for loitering - which is precisely what some residents are concerned about. Schettenhelm said loitering laws are not easy to enforce because teens have a right to be downtown. And when police ask teens to move along they do.

Some residents have reported seeing groups of minority teens and they have questioned whether the city has a gang problem. Police dismissed the question and said gangs aren't infiltrating Birmingham.

The overwhelming majority of residents questioned on the streets of Birmingham said they felt safe going to the movies on a Saturday night.

Birmingham Police Chief Richard Patterson said the department is doing what it must to maintain a safe downtown.

"There are some members of this community who are trying to fuel the fires to a greater extent to say, 'I told you so,'" said Patterson. "They didn't like the Palladium in the first place and they are trying to use this to their advantage. ... We don't want to become a Gestapo police department. It is somewhat of a carnival atmosphere when the movies let out, but we take action when we have to."

Published with permission from the Birmingham Eccentric.

19) Heated election season shaping up

June 29, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

As the summer heat settles in, the Birmingham political scene is beginning to simmer.

Competition should be intense for seats on the Birmingham City Commission come Nov. 4. The terms of Mayor Seth Chafetz and current commissioners Russell Dixon, Dianne McKeon and Dante Lanzetta Jr. will be contested and all are running for re-election.

"I feel that what I'm doing is effective, and I'm just beginning to hit my stride," Chafetz said. "I want to continue working on quality-of-life issues and make sure the neighborhoods remain viable."

Chafetz is running for a second four-year term on the commission.

Dixon, McKeon and Lanzetta have also committed to running in the fall.

"I believe I offer a thoughtful and rational perspective," said Dixon, who is running for a third term. "I am committed to resolving difficulties without conflict."

McKeon is running for her second term.

"I don't bring a personal agenda to the commission table," McKeon said. "I'm open-minded, flexible and treat people with respect."

Rising heat

Lanzetta, via e-mail, fired the first salvo in what will assuredly by a heated election.

"Yes, I'm running," Lanzetta wrote. "I need to finish the job the voters entrusted me with. The effects of development on our community's quality of life are still very vital issues. There are right ways and wrong ways to develop. We are always seeking a balance that will preserve Birmingham's residential character.

"Those who read the Eccentric or listen to the special-interest groups may not realize how much we have accomplished, like appointing a truly responsive planning board and passing a tough ethics ordinance. That's why residents voted for us. The powerful financial interests don't like what we have accomplished.

"Two years ago, they tried to buy an election - and the government," Lanzetta continued, "... (with) paid outside political operatives and call banks from outside the state. Against such well-financed tactics and a 'local' paper that is anti-resident, it will be very hard to get the truth out. But that's how democracy works and too much is at stake to quit now. I still care deeply about Birmingham and can't abandon the city that I've dedicated almost two decades to serving."

Lanzetta was first elected in 1985 and has served on the commission since.

The deadline for filing nominating petitions is 4 p.m. Tuesday, Sept. 16, but potential challengers are already lining up. Julie Plotnik, who first ran for commission in 2001, said she is already going door-to-door to drum up support for another attempt.

"I'm running for the same reasons I ran last time," Plotnik said. "To bring balance to the government. We need commissioners who will stop micro-managing every decision of city staff."

Also considering a run for commission is former Commissioner Scott Moore and current cable board member Alexander Kuhne.

"This election will not be about development, it will be about vision and that isn't exactly a strong point of this commission," Moore said. "Development is a divisive issue. It always takes on this Hatfield and McCoy mentality, but it's just a ruse ... what residents should be concerned about are some of the decisions this commission has made."

Moore said the commission's rejection of nearly $300,000 in grants to reconstruct South Old Woodward near Lincoln was a bad decision. He also questioned funding a $574,500 sidewalk over a bridge on Adams - a decision that the commission later reversed.

"You've got to wonder what they are thinking sometimes," said Moore, who said he will decide whether to run in the weeks ahead.

Kuhne is facing the same decision: "I'm interested in what's going on, but I honestly haven't decided whether I'll run."

Though none have officially declared, other possible candidates include Denise Grzech, a member of the advisory parking committee; Tom Elliott, who is on the parks and recreation board; and Gary Kulak, chairman of the planning board.

Paul Reagan, active in the Presidents Council of Homeowners Associations, said he won't run, despite rumors to the contrary. "Someone is pulling your leg," Reagan said.

Issues surfacing

Many of the candidates said the matter of sewer laterals could be the major issue of the campaign. Sewer laterals are failing all over town and residents have had to pay in the $10,000 range for repairs. The city recently started a program to cut the cost of repairs in half, but some residents have demanded more. They want the city to chip in and cover part of the repairs - a switch in policy that could cost the city million of dollars.

Dixon said he is waiting to get all the facts before he renders a decision,