Planning for Something Better

There is so much information out there that is often difficult to keep track of it and assemble it into something meaningful.  Today was not like that as it all came in at the same time.

A post on Grist.org titled Sick of the suburbs: How badly designed communities trash our health is about exactly what you think it would be about. The trouble is that most suburbs, and cities, are badly designed if health is a guiding principle.  You might get a park, certainly a sidewalk or two, but in most cases it is for cars, trucks,  business and industry.  Food and water are things that come from somewhere else and are trucked and piped.  So more business, industry and vehicles are needed to make anywhere livable once everything that was there is paved over.

Then there was the release of the Alliance for Biking & Walking 2012 Benchmarking Report on of all things, biking and walking.  It does not tell us how to go forward as much as telling  us where we are.  We do need to define the problem and know where we are so that we can plan for something better.

Finally there was the article at GOVERNING.com titled Utah Envisions a Sustainable Future about the public-private partnership called Envision Utah.  They started planning 15 years ago when they realized that growth was going to happen and that growth in the normal manner has not healthy.  To quote the article, "Today, Envision Utah is a national model for cities grappling with how to ease congestion, stop sprawl and clean the air..."  

We may not be able to get the last 15 years back but there is certainly a lot of good information to build on and to begin planning for something better in the next 15 years. 

City, Village, Township

This was intended to be a short post but for reasons I do not fully understand, everything gets longer every time I try to edit.

The discussion has started again on why the Village of Clarkston should be a City.  There have been some very interesting comments.  Perhaps this is a good time to define what a City, Village, and Township are in Michigan. 

Main Street - City of the Village of Clarkston, Michigan

There are several good references for this and the language is similar in all of them.  The Citizens Research Council(CRC) of Michigan had a special report in July of 2010 discussing this in regards to the upcoming vote on constitutional convention and the issues of local government that might be addressed if such an event took place.  It didn't but the special report is informative and interesting reading. 

Wikipedia has a relatively short definition at: http://en.wikipedia.org/wiki/Administrative_divisions_of_Michigan

The Michigan Municipal league has several publications on Villages and Cities.  One from May of 2005 gives brief description of a city as follows:

City 
A city, being withdrawn from the township, must provide the basic, state-required duties as well as its own services.  In addition to being responsible for assessing property and collecting taxes for county and school purposes, the city is also solely responsible for registration of voters and conduct of all elections within its boundaries.

The greater independence of the city, in maintaining local regulations and functions and state imposed duties in one integrated unit, accounts for the creation of many small cities in Michigan during recent decades. The trend has also developed in villages to seek incorporation as cities whereby they achieve a separation of jurisdiction from the township.

In addition to detailed information on the history and structure of Cities, Villages and Townships in Michigan there is an interesting description of Michigan cities in a paper titled, Michigan Local Government Structures,Services and Practices.  Prepared in 2002 for the Michigan Civics Institute Local Government Curriculum, it states the following;

Cities were formed predominantly when the residents of a densely developed area of a township desired municipal services (water, sewer, police, fire, etc.). Prior to the Constitution of 1909 and the ensuing adoption of the Home Rule Cities Act, petitioners would submit a geographic district to the State and seek approval to become a city. Per the provisions of the Home Rule Cities Act, a geographic district is submitted to eligible voters within that district, and if a majority approves, the new city comes into being after official certification of the State Boundary Commission.

A similar description of the services provided by local government is in the CRC report cited earlier and is as follows:

Commonly provided local government services include police and fire protection, water and sewerage, parks and recreation, refuse collection, roads and sidewalks, libraries, streetscapes, and economic development.

The Village of Clarkston became a city 20 years ago in 1992 and currently does not provide its own police, fire protection, water, sewerage, parks and recreation, and libraries.  They are all contracted from, supplied, maintained and controlled by the voters and elected officials of the surrounding Township of Independence.  Refuse collection is contracted privately by each property owner and the city has no involvement.


Roads, sidewalks and streetscapes are maintained by the city but the success and adequacy of the work is questionable especially when one considers that there is not one intersection and crosswalk in the city that meets the current Americans with Disability Act standards and people have complained publicly to the City Council that is is unsafe to walk here.


There is no plan, committee or even a single designated person for economic development.


Assessing, which is something both cities and townships must do, is not done by the City of the Village of  Clarkston but by contract with the County.  Independence Township does assessing within their township and in my opinion provides better information at no additional cost.


There are no public schools located within the city boundaries.  They are all in the adjacent townships.

Twenty years ago, before the City of the Village of Clarkston became a city and was a Village in the Township of Independence, the police, fire, library and Township Hall were all in the Village.  All of these are now located outside of the City. The buildings in the city that once housed the police, library and Township government are empty.

Getting back to the Michigan Municipal League descriptions:

Village 
The basic difference between a city and a village is that whenever and wherever an area is incorporated as a village, it stays within the township. The villagers participate in township affairs and pay township taxes in addition to having their own village government. Incorporation as a city, however, removes an area from township government. City dwellers participate in county elections and pay county taxes, as do villagers, but are removed from township units.

Villages in Michigan are organized primarily to establish local regulatory ordinances and to provide local services such as fire and police protection, public works and utilities. Certain of the local duties required by the state are not demanded of the village but are performed by the embracing township including assessing property; collecting taxes for counties and school districts; and administering county, state and national elections.

I could not find a good concise description of a Township, although I am sure one exists.  I did find an interesting one from the January/February 2006 Michigan Township News.  Perhaps it is overly biased to townships but this is what the article states; 

All townships, regardless of how many people they serve or the amount of money in their budgets, share certain characteristics.  This is because townships, like counties, are statutory governmental entities.  Townships have only those powers expressly provided or fairly implied by state law.  Townships may act only when a state law authorizes them to act. However, township government powers have grown over the years so that it is now difficult to discern the differences between townships, cities and villages.

I would hold that townships like Independence, Waterford and no doubt many others, provide almost the exact same services and benefits as a city and that they offer far more services and expertise than a city like the Village of Clarkston is capable of.  A township provides all of this at a lower tax rate along with zoning regulations.  Townships can have a Historic District and Commission, just like a city.

The City of the Village of Clarkston is no longer the service and amenity leader or provider.  To put it another way, Independence Township would function and survive if the City of the Village of Clarkston ceased to exist.  The City on the other hand could not function or meet their legal requirements without the services provided, controlled and located in the surrounding Township.


At one time, Cities annexed township land when it became valuable thus depriving townships of potential revenue.  Laws were created for Charter Townships that made this more difficult.  Newspaper articles from when the Village of Clarkston became a city report that some of the justification was a fear of increased taxes and losing the "village" atmosphere.  Cityhood was proposed as protection against the township.


The traditional and historical character and responsibilities of City and Township has now been turned upside down and the City of the Village of Clarkston pays higher taxes for a less capable government providing fewer services all because of fear and a perceived need for protection from our friends and neighbors.  An example is South Main Street.  The east side is in the Township, the west side is in the City.  The services provided to both are exactly the same other than where people vote.  The city side pays higher taxes which they cannot vote on.  I defy anyone to show me what the city residents get for their extra tax money versus their friends and neighbors across the street. What protection are they receiving?  It doesn't make any sense.

Is it worth it for City residents to pay in excess of $200,000 more in taxes than the same property in the Township just to be a city?  How is all that tax money benefiting them?  Do a majority of the current 882 residents of the City want this?  Only 228 people voted for becoming a city 22 years ago.  Is that vote still valid when we receive all of our services from the Township that less than ¼ of the former 1100 city population voted to be separated from?  Why does the population of the city continue to decline while it increases in the township?


Streets are cleared of snow in the winter in both the city and township although it is possible that the City is done quicker.  However, you cannot get into or out of the City without driving through the Township so does it really matter?  Just like in the city, the grass is mowed in the township, sidewalks are maintained and we all shop, drive, walk, bicycle and have friends in each other’s municipality.


The residents of Independence Township pay a lower tax rate for the exact same services, have all the benefits attributed to the Village of Clarkston and they can vote on the cost of their services.  The City residents can't.


If the Village of Clarkston zoning and historical district are so valuable that they must be protected, why wouldn't they be just as valuable to a majority of the people in the Township who benefit from them just like we do?


There is obviously a problem in how cities, villages and townships are financially structured.  Perhaps this is because they are based on laws written over 100 years ago and complicated by all the laws that have been written since, most notably the Headlee amendment in 1978, before the Village of Clarkston became a city, and Proposal A which came afterwards in 1994.  A summary of the effects caused by these two actions was done by Plante Moran in 2004, sponsored by the Michigan Municipal League, and is titled System Failure: Michigan's Broken Municipal Finance Model and this was before our most recent economic meltdown.

Fear is not a good reason for what we now have.  Financial fairness and a democratic right to vote should prevail.  Let’s continue the discussion, find a better way, and hopefully put the question up for a vote by a better educated public.  You can learn a lot in 20 years.

Independence Township

My neighbor Neil Wallace has a blog at http://www.rtownshipmatters.com/ that covers matters in Independence Township.  He recently wrote about The City of the Village  no doubt in response the story in the Clarkston News titled New year, new effort to dissolve Clarkston.  Not the best or most correct title but I have no control over reporters or editors.  


Independence Township, where Mr. Wallace lives, surrounds the 1/2 square mile City of the Village of Clarkston.  The entire area is Clarkston mailing and everyone says they live in Clarkston.  Mr Wallace is also a Trustee on the Township Board.  His home in Independence Township is just a few doors outside of the City of the Village of Clarkston.   He does own a downtown Main Street building in the City where his law office is located and can easily walk from one to the other, which he does.


Neil raises some good points to consider and I appreciate that he thinks the Village of Clarkston should be managed by those that live there, not by the Township.  I assume he is not commenting on the Township's ability to manage just who he feels could do it better.  He also points out the many community events occur in the City and that everyone benefits from those activities.  I agree.  


What he does not explain is how the 882+ residents of the City can afford the cost burden of additional government that provides little more than zoning, and even that is not done well.  He does not explain how they can continue to do that for the benefit of more than 35,000 people who don't live in the City and pay lower taxes simply because they don't.  He does not explain the declining property values in the City, and related declining tax revenues, where the average value is now less than the average property value in his Township.  And did I mention they also pay less in taxes for their more expensive property?  He does not explain how the people and government of the City of the Village of Clarkston will be able to manage these assets when the government of the City can barely meet the minimum standards of a functional government and often fails.  Perhaps that will be coming in the future.


Neil Wallace does suggest that perhaps returning to only a Village, versus a City of the Village, may be a way to preserve the characteristics many cherish.  That is certainly a possibility but my reading of the law says that we must first get rid of the cost and redundant government associated with cityhood.  Or perhaps we can skip that step and become the Village of the City of the Village of.  I don't think so.  While we work on that, we should certainly be considering what will happen next.  I am not sure that happened 20 years ago when only 228 votes determined that we would be better off as a city to protect ourselves from the surrounding Township. 


Neil closes with the statement, "As a resident of the “Clarkston community” I hope the City leaders find a way to solve their dilemma without putting at risk the very special character of Clarkston."  He has a lot more confidence in our leaders than I do.

Historical Village of Clarkston

The Village of Clarkston is where I have lived for over 30 years.  It is probably known best for its historic buildings, and most recently for two very popular restaurants in the Main Street business area.  The historic buildings are all in one area giving the village atmosphere we enjoy and many wish to protect.  I think they are best enjoyed by walking so that you can stop and see the detail up close.  It is difficult, and dangerous, to stop and observe while driving a car, so I recommend you walk in any town with interesting architecture.

Main Street - Village of Clarkston, Michigan

Clarkston has an active Historical Society, the Village of Clarkston has National Historic Designation, an Ordinance for the designated historic district and a Historic District Commission.  There are many similar historic areas in Michigan and elsewhere, some with recognized historical designation, and some with just nice old buildings and other interesting architecture.  All should be considered assets to the community they are in. 

Decisions on the work that can be done on historic properties can be difficult as there is a balance between what a property owner should be able to do and what is in keeping with the historic character and requirements, or the “greater good”.  The National Park Service provides guidance on many of these issues and has a set of general Standards as well as Preservation Briefs addressing specific concerns.  The National Trust for Historic Preservation also provides assistance as does the Michigan Historic Preservation Network and the State Historic Preservation Office.  In the end the argument often comes down to preservation versus appearance and cost.  Is it truly historic or does is just need to look that way?  Which should it be?

Main Street Commercial Building before remodeling

Main Street Building during construction

Two properties in the Village of Clarkston exemplify this issue.  One is a commercial property on Main Street in the downtown area.  It recently had a change of use from a real estate office to a physical therapy provider.  It has been other uses in the past and is believed to have possibly started as a car repair shop or car dealership.  It is considered a “non-contributing” historic building in that it has no great architecture or history that makes it significant but is part of the fabric that contributes to the overall historic district.  In the recent remodeling, the new owners significantly changed the exterior appearance and replaced the wood horizontal siding with fiber cement board that mimics the look of wood horizontal siding.  The existing wood siding did not appear to be in bad condition and probably had been added over the original block wall at some time in the past.  The Historic District Commission recommended, and the owner agreed, to use a smaller lap, or exposure, on the siding which more closely resembles what may have been done in the late 1800’s and early 1900’s, and that was similar to the wood siding that was being replaced.  The problem is that the building is not from that period, the overall look of the building has been significantly changed over the years and none of what was done is truly historic.  It is merely an attempt to look like something it never was because that “look” is considered historic.  

Main Street commercial building renovation nearing completion

More troubling to me was the allowed use of the standard cement board siding that is made to look like wood in extremely poor condition.  This is something no self respecting building owner would have asked for originally and it is not in any way representative of good historic preservation, or good wood siding.  Standard 6 of the Secretary of the Interior's Standards for Rehabilitation states that, “Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.”  The Historic Guidelines further caution against "removing or radically changing wood features which are important in defining the overall historic character of the building so that, as a result, the character is diminished."

 Textured fiber cement siding

One wonders why people are now paying extra for something that mimics a new coat of paint on top of very badly maintained wood.  It is arguably not in keeping with governing standards and something no one would have historically wanted.  There are also issues with this particular building in that it did not meet several zoning requirements including screening of roof mounted mechanical equipment or landscaping of the site.  These are probably not historical issues and are best left for another discussion.  Such is the dilemma of walking as you can stop and spend time studying such issues.

In researching the use of similar fiber cement siding in historical areas, there is no consistent opinion overall on whether this product is acceptable.   In a study of 105 Historical Review Boards done by the Maryland Historical Trust, 30 approved the use of this product unconditionally, 15 approved its use with reservations and did not encourage or recommend it, 53 said it could be used only on new construction within a historic district, and seven rejected it altogether. Of the 53 respondents permitting its use on new construction, 29 said they would allow the product only on new freestanding buildings and 24 said they would allow it on additions but not the original historic building itself.  Few of those surveyed specified the material to be used for trim and detailing. Of those who did respond to the question, 21 insisted on wood and 5 allowed fiber cement type products.

In the case of the Village of Clarkston building on Main Street, it could be argued that most of those questioned in this survey would have allowed this product for this application even if with some restrictions.  The survey did not address the fake worn wood grain texturing versus the available smooth surface although other references do unequivocally reject the fake grain look.  This seems to be in keeping with the applicable governing standards, guidelines, and what it historically would have looked like as it would have been smooth unless it was in very bad condition and in need of maintenance or replacement.

Siding before current work was done

Then we have a house at 15 East Church Street.  A truly historic structure from around 1840 and built on the property of original Clarkston settler Butler Holcomb. It needed maintenance and the owner was going to remove the added shingle siding,  and just like the commercial building, put on fiber cement board horizontal siding to mimic what they thought originally existed.  This was approved by the Historic Commission and a 4 inch exposure with smooth siding is mentioned in the Historic District minutes as well as the official approval.  At the time of granting approval, the Commission had no idea what the existing lap and exposure was so here again we have a ruling that appears to be based more on achieving a certain pre-determined appearance versus historical accuracy and preservation of the original historic character.

Textured fiber cement siding and vinyl window

Once the added shingle siding was removed, wood horizontal siding was exposed that, at least in my opinion, looked to be in good condition.  It was now easy to see what the original window trim and detailing looked like.  That trim had probably been removed in the past when the original windows were replaced with new vinyl non-historic ones, or when the house was re-sided the first time.  New cement siding, not smooth but with the fake weathered texture, has now been installed exactly the same as the commercial building on Main Street and just as contrary to any historical correctness.  The remnants of what were the historic trim and detailing at the windows has again been covered over and will probably be forever lost.  The siding will for many years look like a fresh coat of paint was put over artificially bad wood.

There are many lengthy dissertations on how historic renovation, preservation, and restoration should be done while still respecting the rights and wishes of the property owner.  Many of these are well detailed in the official and legally binding decisions of Historic District Commissions.  Unfortunately for historic preservation in the Village of Clarkston, the precedent being set seems to be the creation of a new artificial historic look that only mimics what some feel it could have looked like, not what it ever was.  It is becoming a movie set that will no doubt last longer and with less maintenance than what was once here, but have little significance to the history of Clarkston.  It is no longer an original work of art and history carefully maintained, but instead something that looks somewhat similar done with different materials and ignoring most of what makes historic preservation valuable and a cultural heritage. 

I am not sure why manufacturers are creating products that mimic the original product in bad condition but it is quite common.  I have even less understanding of why people want this and are allowed to do so by those entrusted to preserve historic character and appearance.  How is our history being preserved?  Are we simply creating a new look based on someone’s creative and faulty interpretation of what old should look like versus actually being historic?  I have read arguments that you cannot tell the difference between new fake wood siding and original, or between original and replacement windows, unless you look closely.  So will a rule be developed that it is OK to fake history as long as you cannot tell from more than 5 feet, 10 feet, or perhaps more?  I like to walk, or bike, and stop often to look at buildings and details.  I like to get within a few inches so my opinions may not agree with many, but I know when I see something that is not historic. 

In my profession, I work with new materials all the time.  I am often asked to assess how a material will perform, how long it will last, and what are the cost implications.  These can be very difficult questions to answer as in many cases no one knows.  There has been no test of time.  When they were building what are now historic buildings, did anyone think that cutting down all the old growth forests to make windows, siding and trim would mean there would be no similar wood left to repair them?  Probably not and it will now take a lot of time to replace a100+ year old tree, if it can even be done.  What we now must consider is how our actions will affect our society for the next 100 years.  If we replace what is now historical with something that isn’t, what will the next generation have for a history?

Small towns are in many cases historical in some way, some more than others.  Those that are not may be in the future.  They are part of the culture of America as well as our European and other non-american heritages.  I don’t believe they should be fake.  The real history and culture is much more valuable than a lookalike reproduction, the success of Disneyland not withstanding.  If small towns want to keep what sets them apart, they should not try to mimic something else but instead be true to what established them in the beginning and what continues to attract visitors and residents.  Otherwise there will be no history.

Walk around your neighborhood, or mine, and take a close look at all there is to see.

The Vote and Tax facts for Clarkston

I would rather write about what makes a small town a great place to be and what doesn't, not about taxes.  However, if everyone is paying higher taxes with little benefit to anyone, it seems a Big Idea might be to change how you are taxed.  From a purely democratic society point of view, we also might prefer the ability to vote on the taxes we pay.  So we will start with how the Village of Clarkston became a city and what effect that had on the taxes paid by those who live there.

The Vote

A petition signed by only 65 people placed being a city up for a vote on May 21, 1990 where 228 voters, only 21% of the reported1100 residents, voted yes.  On January 1, 1992 the Village of Clarkston became the City of the Village of.  The reasons given for doing this ranged from a fear of potentially higher taxes to pay for development in the Township to a fear the character of the Village would be lost as the Township developed.   Basically it seems to have been fear.  The 2010 population for the City of the Village of Clarkston is listed as 882 with 820 registered voters.  I find it hard to believe that 93% of the population are registered voters but those are the numbers I have to work with.  In order to undo what only 65 people started, and only 228 approved, it will take 205 signatures to get the issue of un-cityhood on the ballot,  547 City residents voting in favor and 13,232 from the Township.   

The Taxes
In 1990, the Village tax rate was 11.8 mills and Independence Township was 5.2.  For those who don't know, Villages in Michigan are part of the Township they are in and have all the same rights as Townships.  In addition, they have their own Village government and can have an additional tax to pay for services rendered only in the Village.  This was the situation in the Village of Clarkston from 1884 until 1992.  In 1992, right after the Village of became the City of, City taxes were 10.7 and Township were 7.2.  The following year they were 12.3 while Township taxes were 7.96.  This year, a property owner in the City of the Village of Clarkston pays 17.9 mills which includes about 5 mills for roads and water improvement, a 67.3% increase from that of 1992.  Independence Township property owners pay 8.03 mills or only an 11.5% increase for the same time period.  The property tax in the City is the highest possible rate that can be charged by the voter approved City Charter and has been that way for many years.  In 2010, for the first time, the average residential property value in the City fell below that of Independence Township.  These numbers are from Oakland County records so argue with them if you disagree.

Local tax rates for the Village of Clarkston (red) and Independence Township (blue) from 1990 to 2009 - Click to  Enlarge

To be a City or not to be

Yes the sidewalk does end as you are welcomed to the City of  the Village of Clarkston

The Clarkston News has an article in the January 11 edition on my renewed effort to see if the City of the Village of Clarkston should remain a City. 
Clarkston News - New year, new effort to dissolve Clarkston   
I thank them for giving this some space in their paper.  A few clarifications are probably required so that everyone understands why I am doing this. 


First is that it is not about "Clarkston" or even the "Village of Clarkston".  It is about paying higher taxes to be a City when almost all our government services come from Independence Township where we have no vote.  We have a part time minimum government, which may be a good thing, but we also receive minimum government service, sometimes less than minimum, and yet we pay more for it.  While I am sure some will defend their actions, our City government often ignores State law, local Charter even the very laws and resolutions they create.  This does not make any sense to me.  Our friends, neighbors and local stores will still be here whether there is "City" in front of our name or not, we will still help each other, we will still have Clarkston mailing and have Clarkston Schools.  We can still have a Historic District, which I support, a downtown, and yes, the Union Woodshop restaurant will probably still have a 2 hour wait.  We would also have lower taxes and more money in our pockets if we were not the City of.


Second is that I started this discussion in 2010 after serving 4 years on the Clarkston City Council and more than 4 years before that attending almost every Council, Planning Commission and Zoning Board of Appeals meeting.  It was my decision to leave the Council as I could not honestly participate in what they were doing.  After leaving, I found out that the requirements to undo a City are very difficult to achieve, in fact it has never been done even though State law defines the requirements.  At that time there were articles, opinions and letters in the local newspapers and I will be posting links to those in the future.  A major election year, like 2012, was in my opinion the only time it would be possible to get the out the vote that is needed and to find out what the residents of the Village of Clarkston really want.  


Finally, it seems I must now define the problem and why I see this as the best solution for everyone.  I am sure there will be those that disagree with my plan and I hope they will also participate in the discussion.  The goal is to see if being a City and paying higher taxes is really what a majority of the people in the Village of Clarkston want.  


I will continue to add information and hope others will do the same.

Big Ideas that are working in Small and Big Towns

This is a continuation of my discussion of reducing vehicular traffic and increasing pedestrian and non-motorized activity.   Atlantic Cities www.atlanticcities.com has an article on  Mexico City's Centro Historico where they increased night time pedestrian traffic and reduced crime by closing some the streets to vehicular traffic.
Hopeful Footsteps in Mexico City's Centro Historico  

Combine this with my previous video post of How the Dutch got their cycle paths, and perhaps one can start to believe the new planners and their claims that more and more cars does not guarantee long term success.  The number of failing car cities in Michigan would seem to be proof enough if it were not for the ongoing stories demanding more roads while the funding for any type of mass transit is eliminated.

Why can't these type of ideas be refined in Small Towns where the cost and complexity is far less than in a major urban area?  Both may need Big Ideas to survive but it seems Small Towns should be closer to the ideals already and have far fewer people and bureaucratic agencies to convince.