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THE BIRMINGHAM BUZZ
"It's the 2016 Plan, stupid."
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Buzz # 39 -- Feb. 17, 2003

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

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

We want to hear from you! Please send questions, suggestions and feedback to info@bhambuzz.org
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In this edition:

1) City, residents at odds over sewer repair costs
2) After 54 years, Maskill's is clearing out
3) Parking drives plan for Shain Park
4) Opinion: Mind the bottom line
5) Letter to Eccentric: PSD and history
6) City refunds $28,470 in snow fines
7) Letter to Eccentric: No petty politics
8) Safety, parking balance Woodward median plan
9) Quarton dam needs $1.3 million repair
10) City releases Duany's preliminary Shain design
11) Quarton Lake update: What are those huts?
12) To be removed, send mail to info@bhambuzz.org
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City, residents at odds over sewer repair costs

Feb. 16, 2003

From the Birmingham Eccentric

By Larry Ruehlen

Mary Jou Barker wants the city of Birmingham to pay for repairs to pipes leading to her house installed some 50 years ago.

"The city put this Orangeburg in and the city should be the one that pays to fix it," said Barker. "They used the cheapest material they could and the pipes are on city property anyway."

Barker is one of a group of residents who circulated a petition demanding the city fix the pipes in question and reimburse residents who have already had to pay for repairs. The petition is an information item on Tuesday's 8 p.m. Birmingham City Commission meeting at City Hall at 151 Martin.

Barker said she intends to push for more than that and wants a public hearing before the commission, so the city is forced to justify why residents must pay for the repairs.

Hundreds of residents have already had to replace Orangeburg pipes at a cost of $10,000 to $20,000. The city installed Orangeburg pipes from 1945-62, but does not have records that show where or how many were installed.

The majority of lateral sewer failures have occurred on the city's east side where Orangeburg pipe was installed on a wide-scale basis. That type of pipe -- though considered by some to be the industry standard -- was made of tar paper and later proved to be inferior to other types of pipes.

The city provided a 30-year warranty on the pipes but the warranties have expired. Adjacent cities didn't use Orangeburg pipe. Birmingham City Manager Tom Markus has said the pipes benefit individual homeowners and are on private property, so the cost of repairs falls to the residents and not the city.

The Birmingham City Commission has not formally objected to that interpretation, but members have asked for quick action on a plan to bring down residents' repair costs.

The person working on that plan is Dennis Dembiec, director of engineering and public services. He said the program will offer residents "the best of both worlds" because prices will be lower and highly qualified contractors will do the work.

He also offered further explanation to residents.

"Since it is the homeowner's responsibility to discharge one's own liquid waste to the city sewer, the building sewer is initially installed or purchased when buying a home," said Dembiec. "It is operated and maintained by the homeowner."

Dembiec said a lateral travels from city property to a private residence and only serves that house. The city is giving an "implied easement" to allow the private pipe on city property and residents or the developer have to pay for the pipe. And because they paid for the pipe, they are responsible for maintenance and repairs.

That explanation didn't fly with Barker.

"That's a new one on me," she said. "I built this house, and I don't remember paying for any pipe."


2) After 54 years, Maskill's is clearing out

Feb. 16, 2003

From the Birmingham Eccentric

By Larry Ruehlen

Margaret Suter began going to Maskill's True Value Hardware when she was 2. Whenever her father had a project to do, he announced "we're going to Maskill's" and the family piled in the car for a trip to their favorite store.

Back then, the aisles at Maskill's were packed with hammers, toys and smiling faces - they are now full of clearance signs.

"We need a small-town hardware store," she said. "We need a place where you can go in, get help and leave with what you are looking for. The guys at Maskill's were always so nice. It's going to be a great loss to Birmingham."

Skip Maskill and his son, Tim Maskill, announced the family business was closing after more than 60 years, with the past four decades at its current location at 619 S. Adams.

"The days of the small hardware store have come and gone," said Skip Maskill. "Now you've got the big boys fighting it out against each other and we are left holding the bag."

Skip Maskill's father, Alfred Maskill, opened the store in 1942 in Owosso and moved it to Birmingham in 1948. The first store at 4400 Woodward was small, but a simple formula of good products and friendly service led to growth.

Just about every member of Maskill's large family worked there, and the store provided a first job for hundreds of high school students. Two of them fell in love and got married. Others went off to college and still occasionally drop by to say hi.

Current store manager Dan Conroy started working at Maskill's in 1962.

"I started out unloading trucks," said Conroy. "You have an opportunity to learn so much in a small store. You learned every time someone came in with a problem. I was never bored because I wasn't at a desk doing the same thing everyday."

Conroy said high school teams ordered uniforms from Maskill's and many youngsters got their first pair of ice skates from the store. But most customers came in because they were doing small projects, like hanging a new door or painting the garage.

Tim Maskill said the beginning of the end was Sept. 11, 2002. While most people know the date for the terrorist attacks, that was also the fateful day Farmer Jack's grocery store moved out of Adams Square shopping center. Tim Maskill said many hardware customers came in after grocery shopping. When the grocery store closed, the once-steady flow of customers slowed.

With no sign of another grocery store coming in to replace Farmer Jack, and hardware sales off 50 percent, the Maskill family decided to close the store. The last day will be March 30 and everything will be sold at deep discounts.

"It's kind of sad, but the customers came back when the sales signs went up," said Skip Maskill. "We had one of best weeks in months last week. If another grocery store came in, we'd restock the shelves and stay, but that's not going to happen."

Steve Higbie, a customer of 30 years, came in Wednesday to buy a replacement chain for his chainsaw. It soon became clear that saying goodbye was just as important.

"The saddest thing about Birmingham these days is that we are losing our home-grown businesses," said Higbie. "We are losing our sense of community. It's sad to see you go guys. It's sad to see you go."


3) Parking drives plan for Shain Park

Feb. 16, 2003

From the Birmingham Eccentric

By Larry Ruehlen

Parking continues to be the primary concern with a proposed plan to expand Shain Park.

City officials discussed a preliminary plan from urban designer Andres Duany Monday. The central idea is to expand the park by planting grass on much of what is now municipal parking lot No. 7, and add parking spaces around the perimeter of the park.

There would be a loss of approximately 16 parking spaces overall. The possibility of adding an underground parking lot was also discussed, as was the need for a drop-off spot for patrons of The Community House.

With all the talk of parking, one resident stood up and asked why the commission wasn't more concerned with how the park would be used instead of where cars fit into the plan.

"The park expansion is coming at the expense of a surface lot that has 160 spaces, so the issues can't be separated," said Birmingham Mayor Seth Chafetz.

While the plan rendering shows one-half of the park as a "formal room" with a water feature and ornate trees, some residents said a basic "village green" concept would do because most people simply want more greenspace in the middle of town.

Duany suggests moving the Marshall Fredericks sculpture Freedom of the Human Spirit to what would be the new center of the park.

"We wouldn't even go clean the statue without going to the Marshall Fredericks family to find out their thoughts," said Birmingham City Manager Tom Markus.

Duany's plan calls for realigned walkways, a water feature, head-in parking around the perimeter of the park, a Merrill Street promenade, tiered lawn seating, a north-facing bandshell and a 48-space lot at the south end of city parking Lot No. 7. He wanted to plant grass on all of Lot No. 7, but relented when told parking was at a premium.

Duany was hired last fall for $10,000 to work on a park expansion concept that he proposed in the Downtown Birmingham 2016 Plan. The city has been studying ways to expand the park for years, but parking has always been a stumbling block.

Some in the audience questioned whether the new design would lend itself to hosting all the current annual events held in the park. Duany has said all the events could be held with the new design, but members of the commission were skeptical.

The city commission is considering bringing Duany to town April 16 to have him explain the plan.

One sticking point is that Duany doesn't believe playground equipment should be included in the park. The vast majority of residents who attended the study session said they wanted such equipment. Duany will be asked to answer that question and some concerning parking and park usage before the commission decides whether to meet with him.

"I think generally this plan answers most of what we were looking for," said Birmingham City Commissioner Gordon Thorsby. "As an overall concept, I kind of like it."


4) Opinion: Mind the bottom line

Feb. 13, 2003

From the Birmingham Eccentric

The dam at Quarton Lake needs $1.3 million in repairs. This was an expense city officials hadn't counted on and comes while it is spending or preparing to spend millions of dollars on a host of other projects.

There already is a $2.5 million program going on to dredge the lake and make improvements to the surrounding park. And the city is spending $574,500 for a small stretch of sidewalk along Adams, has bought the Barnum Center for $8.5 million and will have to spend more to put it into use. The city is also looking at a cost of some $2 million to redo Shain Park.

A million here. A million there.

And this is occurring while the state is cutting revenue-sharing and the city's fund balance is well on its way south.

The bottom line here is the bottom line, and Birmingham needs to mind its spending habits now more than ever. We urge the Birmingham City Commission to focus on the needs of the city and take a prudent approach to the wants.


5) Letter to Eccentric: PSD and history

Feb. 13, 2003

In an article published on Jan. 30, 2003, titled "City's PSD Board Comes Under Fire," a variety of opinions were expressed about the role of the PSD (Principal Shopping District). With all that is being said, I felt it was important to give some historical perspective.

While in the (State) Senate, I wrote Public Act 146 of 1992 that created the PSD mechanism now in place in Birmingham. I can attest to the fact that it was designed to serve as an autonomous group within the city to meet the needs of area merchants, thus ensuring a vibrant downtown for all. I wrote the law after many long meetings with area merchants including Geoffrey Hockman, Larry Sherman, Richard Astrien and others. They spoke at length in favor of the PSD and lent their blood, sweat and tears to its creation. As malls were flooding the area, the PSD was created to help merchants band together to keep a thriving and competitive downtown.

The work that they do helps sustain current businesses and provides incentive for the attraction of new ones. In turn, this helps to maintain and increase property values downtown and in the neighborhoods. In addition, by having the city manager rather than an elected official appoint members of the PSD, consistency and stability are provided for in the long-term. As a resident living within four miles of downtown since 1958, I believe the downtown is not only part of what makes our area fun and special, but also an important factor in its future vibrancy.

I hope all those involved will recall where we came from, as they guide us into the future.

Michael J. Bouchard
Oakland County Sheriff


6) City refunds $28,470 in snow fines

Feb. 13, 2003

From the Birmingham Eccentric

By Larry Ruehlen

A resident in the 1500 block of Hazel returned home from vacation the week of Jan. 5 to find a $65 bill from the city of Birmingham for snow-shoveling services awaiting her. The woman complained that she wasn't home when the flakes flew on Jan. 2, but it didn't help. But that woman and 437 other Birmingham residents will soon get refunds thanks to a technicality.

"We feel like we have egg on our faces because we didn't catch the notice provision," said Birmingham City Manager Tom Markus. "But we do make mistakes."

Bob Fox, assistant director of public services, explained how the process will work.

"Some people have already paid their bills," said Fox. "So the department will put together a letter explaining exactly what happened and people will get a refund check."

Fox said violators are typically billed $65 because city crews take less than 30 minutes to clear sidewalks. Add all the bills up, and they come to $28,470 in refunds.

According to the city's snow removal ordinance, legal notice has to be provided each calendar year prior to enforcement. The fact that the city placed a Dec. 8, 2002, legal ad in a newspaper and notified every resident in the city's quarterly newsletter on Dec. 1 wasn't good enough, said Birmingham City Attorney Tim Currier.

On Monday, the Birmingham City Commission unanimously approved the refunds and amended the ordinance. The new standard is an annual notice that doesn't necessarily have to fall within the same calendar year as the enforcement.

One resident suggested the city hand out notices with water bills, while Birmingham City Commissioner Dante Lanzetta Jr. said awareness is key.

"We really need to be proactive in getting these out," said Lanzetta. "Not for legal reasons, but just to give people notice."

Markus said there will be a "snowstorm" of notices sent out next year, but he isn't sure the extra effort will eliminate the problem.

"We can inundate people with notices but I'm still convinced we would get 200 to 300 scofflaws who won't follow the law," said Markus. "The key is to consistently enforce the ordinance."

Fox said earlier that his department doesn't want to be in the snow-removal business and any enforcement is based on maintaining the "health, safety and welfare" of the public.

According to the ordinance, residents must clear snow or ice within 12 hours. If snow stops falling in the middle of the night, it must be removed by 6 p.m. the following evening. In the neighborhoods, residents must keep sidewalks clear of snow and make sure firefighters have access to hydrants.

In the business sector, merchants have the added task of making sure people can use parking meters.

In 2000, the city was blanketed with 27 inches of snow in a day and some sidewalks downtown were impassable for days. Large mounds of snow blocked parking meters all around town and the snow-removal ordinance was toughened shortly thereafter. When some merchants complained about the charges, the city took to handing out free shovels as a reminder that the snow had to be shoveled.

If the snow is at least one inch deep, a contractor clears the sidewalks within the city's principal shopping district area. The cost is picked up by the PSD. Merchants are still responsible for any additional snow in front of their stores including the area near parking meters.

City inspectors commonly drive around town after a snowfall and some complaints come in from residents. Either way, if the city verifies that the snow is not shoveled within the time limit, a work order is issued and the property is added to the list of sites the city assumes responsibility for clearing.

A crew is then dispatched and the walk is cleared.

When the city shovels snow for a resident, it does so without warning. Soon after the walk is shoveled, a bill is mailed out. If the bill isn't paid within 60 days, a special assessment roll is created and the outstanding amount is added to the annual property tax bill.

Subsequent violations can be subject to $100 fines and appeals can be made to the Birmingham City Commission.


7) Letter to Eccentric: No petty politics

Feb., 9, 2003

I have just finished reading the article on the PSD in today's Eccentric. (Jan. 30)

In the 35 years that I have been a resident and a taxpayer in Birmingham, I thought we were a democracy and not a dictatorship. That seems to be the mentality of this (city) commission, to make this change.

We have an excellent city manager, as was the previous one. Being a city manager is a profession, and it is not a job for a lay person, whether you are a store owner, real estate owner, attorney, etc. I have owned a number of companies these past 56 years, and with all of this expertise, I would no think for one second that I could be a city manager, or an assistant city manager.

Let our city manager make his suggestions to you, evaluate them, and make a non-political decision for the good of Birmingham.

It is not necessary to have a furniture owner, or any other specialty business, as most business owners think alike or close to it when it's for the betterment of Birmingham or any other city.

Let's forget the petty politics and work for a better Birmingham.

Ed Katz
Birmingham


8) Safety, parking balance Woodward median plan

Feb. 9, 2003

From the Birmingham Eccentric

By Larry Ruehlen

Safety and parking are the biggest concerns in a proposal to add a median to North Old Woodward.

"We hope the parking situation doesn't degrade," said Robert Greenstone, owner of a business on North Old Woodward. "...We are looking forward to beautification, but we don't want a net loss of parking."

Greenstone was one of some 30 residents and merchants who talked with Florida-based traffic engineer Walter Kulash Monday about transforming Birmingham's art gallery row into a more pedestrian-friendly environment.

"In most parts of the country traffic is treated like waste water. It has to work perfectly and there is no option," said Kulash. "... We used to regard traffic that way, but we now understand that it is at one end of the continuum."

Kulash said slowing down traffic is not a bad thing, especially if it makes walking around and shopping easier for downtown visitors.

"The quality of the adjacent neighborhoods is such that they simply deserve a better street," said Kulash.

Marked crosswalks are the primary traffic calming measure. One has a pedestrian-directed strobe light, but it is broken and the city is waiting for repairs.

Kulash said a key aspect of the new design is the shortened distance pedestrians would have to cross. Currently, anyone walking has to navigate 70 feet, and what amounts to three lanes of traffic. The proposed redesign reduces that to two 16-foot spans with an island in between. It also moves much of the parking from the east side of the street to the west and recommends motorists back into angled parking spaces.

That would be easier than backing into oncoming traffic, which is the way it now works, said Kulash, and car trunks would face the sidewalk making shopping easier and safer. He also said narrowing the road will make drivers realize that they can't zip down the hill heading south from Woodward Avenue.

"We can't pull a rabbit out of a hat," said Kulash. "We are either going to accommodate the vehicles, or we are going to accommodate the people."

Kulash is the traffic consultant who worked on the Downtown Birmingham 2016 Plan and many of the traffic-calming measures he recommended seven years ago have been put into action.

The primary safety concern is that residents who live in the Mill Pond area would have to make a U-turn before they could drive north. And that wouldn't be easy, said Kulash, because the narrow lanes would force drivers to swing out wide before making a U-turn. The possibility of an impatient motorist smacking into a car as it tries to pass someone making a U-turn is increased, said Kulash, but the positives far outweigh the danger.

Birmingham City Manager Tom Markus said the talk was preliminary and even though the city had budgeted $1 million for the project, it would likely get delayed a year or two as Birmingham tries to cope with dwindling resources.

An estimated 11,000 cars travel the area per day, and Kulash said the new configuration could handle as much as 18,000 cars per day. Some members of the Birmingham City Commission said the concept deserved further study but no formal action was taken.


9) Quarton dam needs $1.3 million repair

Feb. 9, 2002

From the Birmingham Eccentric

By Larry Ruehlen

The dam that keeps the water of Quarton Lake in place needs $1.3 million in repairs - A cost city officials hadn't banked on.

"If you don't fix the damn dam, you don't have the damn lake," said Birmingham City Manager Tom Markus.

His comments came as elected officials discussed the future of the city at a long-range planning session last week. When the topic of park improvements came up, the matter of the dam did as well. Dennis Dembiec, director of engineering and public services, said the Michigan Department of Environmental Quality sent a recent letter to the city demanding the dam be repaired and that the adjacent spillway be expanded.

In 1996, part of the dam failed and the city made partial repairs. Dembiec said the city had always intended to finish the job, the MDEQ's demands weren't totally unexpected. The insistence that the repairs occur in 2003 was a surprise, he said.

"They were pretty forceful in the letter," said Dembiec. "They wanted something done."

The MDEQ has since backed off that demand, but now wants the city to come up with a plan of action complete with a timeline for the repairs.

In Nov. 6, 2001, voters approved $25 million in bonds for park improvements. The city subsequently purchased the Beaumont Rehabilitation and Health Center, commonly known as the Barnum Center, for $8.5 million and announced plans for a new community center.

An ambitious $2.5 million project to dredge Quarton Lake and improve the surrounding park also began. The city received $834,500 in state and federal grants to cover half of the $1.6 million dredging cost and that part of the project recently concluded. Park improvements are to begin this spring at an estimated $900,000.

However, none of the money budgeted for Quarton Lake was intended to go repair the dam. When Dembiec mentioned the possibility of using parks bond money to repair the dam, not every member of the Birmingham City Commission was pleased.

"It's a $1.3 million cost that wasn't there before," said City Commissioner Donald Carney. "And it may be the opposite of what we told a lot of people."

Dembiec and Markus said the problem was serious and the money had to come from somewhere. Some commissioners said one or more projects may have to be delayed or cut back.

The matter is expected to come back to the commission at a future meeting but no date has been set.

Mark Gerber, city finance, said Birmingham had more than $4 million in its undesignated funds account.


10) City releases Duany's preliminary Shain design

Feb. 10, 2003

The City of Birmingham has released a color rendering of the atest proposal from Andres Duany for the redevelopment of Shain Park and municipal parkingn Lot #7. To see it, visit http://www.bhambuzz.org/images/shain1102.jpg{{PERIOD}}


11) Quarton Lake update: What are those huts?

Feb. 6, 2002

If you're wondering what those funny-looking structures are on Quarton Lake, read on.

Work on the Quarton Lake dredging project is ahead of schedule, as lead engineering contractor Hubbell, Roth & Clark (HRC) continues progress on bank stabilization as weather and ice conditions permit. All five shoreline stone terraces have been installed, and dead and fallen trees have been marked for removal.

The sediment removal process was completed in December. The city is verifying the removal of some 40,000 cubic yards of muck from the lake bottom; but it appears that the promise of a much less disturbing and smelly dredging process has been kept.

Buckthorn and other invasive plant species are not only being removed, but also being put to good use. Some of this nuisance brush will line the inside of eight 8'x 8' log structures that currently sit on the ice around the lake island. As the ice melts in spring, these brush cribs will sink to the bottom forming ideal habitats for desirable fish species. Additional aquatic vegetation will also be added to the structures in summer months.

HRC has spread gravel on the ice along the east and west shorelines, which is melting through to form other aquatic habitats at the lake bottom. Due to these and other weak ice areas, the city has posted "Unsafe Ice" warning signs along the construction barrier fencing and advises residents to stay off the ice this season.

Additional stone slab placement and other bank stabilization procedures will continue into the spring months, which also will bring the start of the recreational improvement phase to be carried out by contractor Wade Trim.


12) To be removed, send mail to info@bhambuzz.org
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