Tuesday, October 08, 2002
Number 30: Oct. 8, 2002
1) Civil rights charge looms in Kelly case
2) Downtown is a regional destination
3) Birmingham seeks ways to attract shoppers
4) Union sent packing in library vote
5) Parks & Rec Board considers skate park
6) Ethics code advances with provision for board
7) Latest Presidents Council minutes posted
8) Editorial: Commission succeeds in quest to force down value of downtown real estate
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In this edition:
1) Civil rights charge looms in Kelly case
2) Downtown is a regional destination
3) Birmingham seeks ways to attract shoppers
4) Union sent packing in library vote
5) Parks & Rec Board considers skate park
6) Ethics code advances with provision for board
7) Latest Presidents Council minutes posted
8) Editorial: Commission succeeds in quest to force down value of downtown real estate
9) To be removed, send email to info@bhambuzz.org
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1) Civil rights charge looms in Kelly case
Oct. 6, 2002
>From the Birmingham Eccentric
By Larry Ruehlen
Edward Kelly is no closer to getting unimpeded access to his house, and the Michigan Department of Civil Rights is on the verge of filing charges against the city of Birmingham.
"Mr. Kelly is simply asking for an accommodation," said Yarkpazuo Bah-Deh, a field agent with the civil rights department. "When there are laws on the books, they should help people; not be used against them. If the city doesn't reconsider, the next step would be to file charges."
Kelly, a Birmingham resident of 34 years, is trying to enclose the front porch of his house on Lincoln to make it easier for him to get in and out with his walker. In March, the city's zoning board of appeals denied a variance that would have allowed Kelly to proceed. But Kelly, a recent retiree with two bad hips, wouldn't take no for answer.
He contacted the U.S. Fair Housing and Equal Opportunity department and the department of civil rights. An investigation was launched, and the civil rights department has sided with Kelly, who is becoming less amused every day.
"If I were a tree they'd all be running over to check up on me," said Kelly. "They haven't been here, but then again, I'm only human... I don't understand what they are thinking."
City officials have been known to make house calls when the life of a tree is at stake. In this case, BZA members haven't showed up to see how hard it is for Kelly to get into his own house.
Kelly now has to make a sharp turn to the left and lift his walker over a step to get to the living room. He got the idea to enclose the porch from a neighbor, who had already done the same thing.
He hired the same contractor to draw up the plans but soon found out he needed a variance because the enclosed porch would have been 10 feet too close to city property. After paying $1,000 for a city-required survey, Kelly went before the BZA with several pictures to illustrate his predicament.
His neighbors didn't object and in fact signed a letter of support for the project.
Though the decision wasn't unanimous, the majority of BZA members said Kelly's request didn't meet a specific set of criteria mandated by state law, and they had no choice but to deny it
Dan Schulte, assistant city manager, said neither the city administration nor the Birmingham City Commission has the power to reverse a decision by the BZA. Daniel Christ, an attorney with the city's law firm, said the BZA was told by Kelly's contractor that a vestibule wasn't needed -- a charge both Kelly and the contractor refute.
The city has basically asked Kelly to apply for a reconsideration of his case at the BZA. Kelly said he's done trying to cut through the city's red tape and Bah-Deh said he shouldn't have to make another appearance at city hall.
Members of the board could not be reached for comment.
2) Downtown is a regional destination
Oct. 6, 2002
>From the Birmingham Eccentric
By Larry Ruehlen
Regional marketing could improve the bottom line for merchants in downtown Birmingham.
That was one of the key findings of an extensive survey conducted by Southfield-Based company The Strategic Edge.
"They are drawing customers from a far broader area than they believed," said Joan Primo, principal at Strategic. "It's a huge difference."
In 1996, the city commissioned a similar survey that concluded that 75 percent of its core customers were coming from five zip codes in Birmingham, Franklin, Bloomfield Hills and Bloomfield Township. The new survey revealed that 49 percent of customers come from six area zip codes. The added core customers came from Troy. The survey also identified a second emerging group of customers that is driving from city's all over Oakland County.
"Our marketing and advertising will take on a more regional approach," said Larry Sherman, a downtown businessman for more than 40 years. "We'll spend 30 percent more on television for the Christmas season this year... but a lot will depend on the repositioning of Jacobson's."
Another interpretation of the same statistics is that some 26 percent of the 1996 core customers no longer frequent downtown.
Surveyors were positioned outside 32 Birmingham establishments and they interviewed 437 people on the street in May and June -- before Jacobson's went bankrupt.
The results of those interviews include:
* Over 70 percent of Birmingham residents shop downtown at least once a week
* Downtown shoppers stay an average of 1.5 hours per visit
* More than half of the patrons come to town to eat rather than shop
* Nearly 14 percent of Birmingham residents consider downtown their core shopping area
* Downtown rated equal to or better than Troy's Somerset Collection in 9 of 12 categories
Primo said the city is fairing well considering the close proximity to Somerset. She did, however, say that finding a replacement department store for Jacobson's would be key -- a sentiment echoed by just about every merchant in town.
"The key is offering a variety of soft goods like ready-to-wear clothes and shoes," said Geoffrey Hockman, a member of the Principal Shopping District Board. "We continue to lose that presence in town, and we need to buttress it."
What the survey wasn't able to pin down was what would draw more people downtown. That's because the overwhelming majority of those surveyed said they didn't desire any specific additional stores, restaurants or services.
Parking problems were the biggest complaint of those surveyed.
3) Birmingham seeks ways to attract shoppers
Oct. 8, 2002
>From the Detroit Free Press
By Laura Potts
Traffic is tough, parking spaces are precious and prices are premium, but downtown Birmingham still manages to attract a loyal -- and, city officials hope, growing -- base of shoppers.
That's what a study conducted recently for Birmingham's Principal Shopping District found, after consultants from the Strategic Edge, a Southfield consulting firm, interviewed 437 people in May and June. The study released last week also outlines a number of other characteristics about shoppers and their habits, likes and dislikes.
Now, the city wants to use the information to enhance what it has to offer and target more potential shoppers.
"All is quite well in Birmingham," Joan Primo, a principal with the Strategic Edge told the shopping district board Thursday. "You have a lot of strengths, and you do keep building on them."
The Principal Shopping District is a 12-member board, composed of business owners and residents, that promotes Birmingham businesses and activities, such as the Moonlight Shopping Spree.
Primo praised Birmingham's walkability, quaint feel and variety of stores, restaurants and entertainment venues.
The study looked at a primary trade area composed of Birmingham, Bloomfield Hills, Franklin and Troy, as well as a secondary trade area of cities farther north, east, west and south. In the total trade area of 539,500 people, the median household income was $85,572.
According to the findings, more than 70 percent of Birmingham residents and about 50 percent of those in the trade area visit downtown Birmingham at least once a week.
The city has been considering ways to market itself, including starting a newsmagazine for residents. The city commission has formed a subcommittee to study such options and met Monday night, said commissioner Rackeline Hoff.
Birmingham City Manager Thomas Markus said the study demonstrates that the city "needs to gear towards a larger market area." He said more efforts must be made so Birmingham can continue to compete with the nearby Somerset Collection in Troy, which has many more stores and free parking.
The typical visitor to downtown Birmingham:
* Is a 42-year-old white woman with a household income of nearly $125,000.
* Spends a median amount of about $40, with retail spending averaging $86 per visit.
* Visits downtown Birmingham at least once a week, spending about two hours on an average trip.
* Most likely drove there. Eighty-eight percent arrive by automobile, including two-thirds of city residents.
4) Union sent packing in library vote
Oct. 6, 2002
>From the Birmingham Eccentric
By Larry Ruehlen
Healing strained employee relations will be key in the wake of a union vote that divided the staff at Birmingham's Baldwin Public Library.
"The library prevailed in the election," said Marti Custer, library director. "This was really an issue for and between the staff. I am hopeful that we can go forward.. with shared goals and a common vision for the future of Baldwin Public Library. It is my intention to do everything that I can to make that happen."
The Thursday vote on whether to join the American Federation of State, County and Municipal Employees union was 20-19 against joining.
Some librarians claimed key employees were being run out of their jobs. They also said the power of union solidarity could protect them. Before the vote, library director Custer tried to quell rumors that she had fired staffers and said all nine had "left on their own." A statement that proved true.
When Custer came to the library she identified smoothing over strained relations between administration and the staff as a top priority. A staunch advocate of change, Custer overhauled operations in several departments and hired new staffers.
One of those new staffers was Julie Farkas, who, though under the age of 30, got the job as assistant director.
Farkas is under 30 and some long-term staffers claimed her hiring was a message that older people weren't welcome.
Custer denied that charge, but she did say she liked "positive, bright, upbeat people."
Farkus said the staff would get passed the election.
"A positive workplace climate and atmosphere is a priority of our management team," said Farkas, assistant director of the library. "... There is room and channels to disagree on changes. Change brings certain levels of tension, yet it also helps create new dynamics."
Librarians are the only city employees that aren't in a union.
Employees who wanted to join the union would not comment.
5) Parks & Rec Board considers skate park
Oct. 1, 2002
The Birmingham Parks & Recreation Board will soon recommend that the City Commission approve a skate park for skateboarers and inline skaters.
The board is "very enthusiastic" about the idea, and has appointed a subcommittee to study the idea, according to a letter submitted by board member Ann McBridge to the commission for Monday night's meeting.
Visit http://www.bhambuzz.org/pdfs/skate.pdf to read the letter.
6) Ethics code advances with provision for board
Sept. 25, 2002
>From the Detroit Free Press and Birmingham Eccentric
The march toward a Birmingham ethics ordinance proceeded Monday despite concerns that one wasn't needed.
"I think we know for the most part what ethical behavior is," said Birmingham City Commissioner Rackeline Hoff. "Ethical people already follow the rules, and for unethical people, signing a piece of paper on ethics won't matter."
While Hoff questioned the need for an ordinance, others said it would be the best way to keep everyone on the right track.
"Officials are bound to observe the highest moral standards, and the public interest must be of the highest concern," said Gordon Thorsby, also a commissioner. "... This is what builds trust in local government."
On Monday night, the City Commission examined two proposals aimed at promoting accountability. On a 4-3 vote, the commission referred one version to City Attorney Tim Currier to review and clarify some commissioners' questions about the 11-page document.
Commissioners Dante Lanzetta, Donald Carney, Thorsby and Mayor Dianne McKeon voted in favor of advancing the ethics ordinance. Hoff and commissioners Russell Dixon and Seth Chafetz voted in the minority.
The proposal, modeled after ethics ordinances in other Michigan cities, was written by Currier, Carney and City Manager Tom Markus. It is to be taken up again by the commission in about a month. If approved, it will be added to Birmingham's city code, hopefully by December, said Thorsby.
The proposal calls for the formation of a board of ethics, comprised of three Birmingham residents appointed by the mayor and approved by the commission.
Members would serve for three years, interpreting the code of ethics and advising the city.
Thorsby, who called the proposed ordinance a "top priority," said it was spurred by nationwide corporate scandals and a push from the Michigan Municipal League and the National League of Cities. He said it's needed "to build trust with residents."
"Every city should have one that is put into the city charter so everyone understands the intent of elected officials," Thorsby said.
But other members of the commission said the proposal was too broad, and raised questions about how city officials must handle things like outside employment and contact with constituents.
"I'm not happy with this at all," said Chafetz. "I think this is just overreaching. This needs to be chopped down considerably."
The ethics board would be composed of citizens with a law background, a fact that didn't sit well with Chafetz.
"Any time I hear about lawyers getting involved, the hair on the back of my neck stands up," said Chafetz. "We need to get something much shorter and to the point... we don't need a huge volume on ethics to tell people in the city how to behave."
Lanzetta said he is confident the city can create a useful ordinance, but said the proposed language is not "concise or coherent enough." He said the portion on "Incompatible Employment" raises concerns about whether city officials would be allowed to hold jobs.
"That suggests we need to quit our day jobs," he said.
Detroit adopted an ethics ordinance in 2000 and other metro-area cities, including Farmington Hills, Rochester Hills, Royal Oak, Livonia, Wayne and Sterling Heights, all have adopted such directives in recent years. Most large cities, including New York, Los Angeles and Chicago, have ethics provisions.
Michael Reinemer, director of communications for the National League of Cities, said the 18,000-member league offers a model for cities eyeing ethics ordinances.
"It's useful to have these guidelines in place so gray areas become more clear and people have guidelines to make sure everything is above the board," he said.
The proposed ordinance can be seen on Birmingham's Web site at http://www.ci.birmingham.mi.us.
7) Latest Presidents Council minutes posted
Sept. 26, 2002
Visit http://www.bhambuzz.org/pcmin0802.htm to read the minutes from the Aug. 20 President Council meeting. Help keep an eye on this band of wanna-be neighborhood representatives. You never know when they're going to stand up in public and claim to represent YOU!
8) Editorial: Commission succeeds in quest to force down value of downtown real estate
Sept. 26, 2002
The Birmingham City Commission and Planning Board have finally achieved some success in their shortsighted quest to devalue Birmingham real estate.
Commission members have often mocked million-dollar condos and complained of what they perceive to be too-high rental rates.
Recently, at least one commissioner, Russell Dixon, was heard to say publicly that lower property values downtown might not be such a bad thing.
Of course, most of us know that the value of any property in Birmingham, including neighborhood homes, is tied closely to the health, vitality -- and value -- of downtown.
So anybody who cares about those values ought to be deeply concerned about this policy, and in particular the recent abortive auction of Jacobson's downtown properties.
The properties were removed from the bankruptcy auction of Jacobson's assets last week because bids weren't high enough. Bidders and others familiar with the auction said low-ball offers from some, and the withdrawal of offers from others, were a result of the political climate in Birmingham.
"You would have to be a developer with deep pockets and a mean spirit to fight the lions in Birmingham," Dan Jacob, a broker with Southfield's Signature Associates, told the Birmingham Eccentric. "I had two developers retract bids at the last second."
Jacob told the Eccentric that the potential for litigation and current anti-development attitudes led to speculation that it would take a protracted effort to tear down the current structures and build something to replace them.
This has enormous significance. Jake's was our largest retailer and our largest taxpayer occupying the biggest chunk of retail space downtown.
That's all gone now, and all we have is a couple of very large, very vacant, very non-revenue generating buildings.
Redevelopment of these properties is essential.
This fact seems to be lost on your city leaders. In its first meeting since the auction, the Birmingham City Commission Monday night ignored the issue, and instead debated, among other things, the merits of an unnecessary ethics code and an unnecessary proposal to unnecessarily increase the parking requirements for restaurants.
This failure to discuss, debate or otherwise act upon a real, live, important issue -- one of the biggest problems facing our city -- is inexcusable, but perfectly in character for our current Commission.
By flip-flopping on the master plan, changing the rules in the middle of the game, and nitpicking and micromanaging developers and city staff, the City Commission and Planning Board have now caused an actual and demonstrable devaluation of downtown property.
Congratulations, folks. Mission accomplished.
9) To be removed, send email to info@bhambuzz.org
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