The trail project proposed by the Lowell Area Recreation Authority (LARA) was before councilmembers again this week. This trail will connect two major rail trails, one to the north and one on the south side of the city. A second public hearing was held before a vote on a resolution which would allow the city to write a grant proposal asking for state funding. The application deadline with the state is April 1 of each year. LARA is also applying for a grant from the state.
Applying for grants is the first step in obtaining funding. Additionally, private funding will be sought through regional means, as the connector trail through Lowell would be part of a bigger trail system with support from outside the immediate community. A proposed location for the trail is submitted with any grant application to show initiative in planning, indicating a group’s dedication to using received funds for a specific purpose. The proposed plan is not set in stone, however, it cannot change drastically after funds are awarded. For instance, the proposed trail down Bowes Road could be altered along that route but it could not be changed to a completely different road.
Dave Austin of Williams and Works was on hand to provide answers and clarification regarding the proposed trail and steps needed to begin seeking funding for the project.
What is an Easement?
The debate over the trail comes in the form of easements rather than the trail itself. During Phase 1 of LARA’s trail system, similar concerns from property owners were addressed. But what exactly is an easement and what does it mean for property owners?
An easement gives permission to use an agreed upon space on private property. In the case of the trail, whatever private property is needed to complete the trail would be obtained through an easement. Property owners would be giving permission for a portion of the trail to be on their property. The land is restricted by the property owner but they retain ownership. For instance, on land obtained through an easement, the property owner cannot build anything on the land or disrupt it. Easements, once acquired, are formally recorded on the property deed with the county.
The Michigan Department of Transportation requires land owners to receive an offer of compensation for the value of the land involved in an easement. The property owner can accept the offer, decline the offer and donate land, or request additional compensation. Such compensation could include the planting of trees, construction of walls, fences, or driveways. Acquiring an easement is negotiated with property owners.
Public Comment
An area along Bowes Road where the trail would through a residential area is the potential sticking point. Some residents do not welcome the trail passing along their property, where an easement must be obtained to create a 10 foot wide trail with a two foot buffer on either side. Where the city’s right of way does not equal the width needed for the trail, an easement is needed.
A total of 15 individuals provided input for the trail, including four letters received by City Hall which were read for the record. The majority of the comments were in support of the trail. Two residents who provided comment are not in favor of the location of the trail.
Residents, Jim Pfaller and Mark Mundt, spoke against the trail because it will pass in front of their homes. Concerns including removal of established trees and giving up land are among issues voiced. Pfaller mentioned a lack of planning for future maintenance, especially should LARA ever dissolve and the portion of the trail within city limits reverts back to the city. He and Mundt questioned whether property owners would then be responsible for maintaining a portion of the trail should this happen.
Mundt said in theory he likes the trail, but not on Bowes Road. He questioned why the proposed route for the connector trail did not take a more direct route from north to south along Main Street. He also voiced concerns as to whether LARA would have talked to residents before constructing a trail if an easement wasn’t necessary. Additionally, he voiced concerns over increased traffic on Bowes Road.
Five local business owners, including representation from Ability Weavers, Chimera Design, and Tap House Bo, spoke in support of the proposed trail route. Each of them mentioned how a trail will bring those seeking recreation activities to the city and therefore increase foot traffic downtown. Rick Seese of Greenridge Realty also spoke of the importance of trails and recreation being a big selling point to those looking to buy a home.
Two residents along Bowes Road wrote letters in support of the trail as well. Trudy Cahoon, who lives along Phase 1 of the LARA trail, also wrote a letter in support of the trail. She indicated there has never been an issue with people who use the trail. Her late husband, Blair, enjoyed watching people using the trail, which provides a neighborly feel.
Resident Rich Conrad moved to Lowell four years ago from Rockford. An avid runner, he is eager to have a place to put in his weekly miles where he won’t have to worry about running on questionable sidewalks and will have a variety of options to choose from.
Seeking Easements
Currently, there are 11 properties along Bowes Road where easements would need to be granted for the proposed trail. A typical easement request will ask for a property owner to give up five to six feet of their property adjacent to the trail. In order to be ADA compliant, certain horizontal and vertical slopes and ramps at intersections will be necessary. MDOT requires the trail’s width at 10 feet wide with a two foot clearing on either side. This clearing is a grassy area which should be kept free of bushes, trees, or other landscaping or objects. This buffer area on either side of the trail establishes a defined trail and area to be maintained,while actual trail surface will be limited to 10 feet.
Those who will be asked to provide private funding prefer an independent trail, meaning not having to share a road. Sharing a portion of the road and having paths less than 10 feet wide are options. However, to compliment the two trails this section will connect and have a greater chance of receiving funding from state and DNR grants, the 10 foot wide trail is preferred and in some cases required when seeking money. Grants awarded by the DNR often look for project which help enhance and promote natural areas and recreational opportunities. With the trail connecting the new park in Lowell Township and traveling near the Grand River and passing by Stoney Lakeside Park, those using the trail can find additional opportunities to enjoy the outdoors in a number of ways.
A portion of Bowes Road is wider than average city side streets. At one time parking was allowed along the road. While the road is wider and consideration of moving the curb to take up city right of way rather than private property, existing poles quickly smothered this idea. The poles would fall into the two foot buffer zone on the side of the trail along the road. There is an option of asking for a waiver on the width of the trail in certain sections, but this would not be looked into until further along in the process.
After years of looking into possible routes, the best option, along Bowes Road, has been proposed according to LARA. With an existing five foot sidewalk, property lines are typically one foot beyond this point, toward a home or business. In doing the math, five to six feet of additional land will be needed to complete the trail under established requirements. If all of these numbers are making your head spin (think of the debate between Miss Scarlet and Wadsworth in movie Clue over how many bullets were left in the gun), Williams and Works provided the following visual.
Ongoing Maintenance
Upkeep of the trail would be taken care of through an agreement between LARA, the City of Lowell, Lowell Township, and Vergennes Township. Maintaining the trail includes snow removal, trimming of bushes and trees along the trail, and keeping the asphalt surface free of buckles, cracks, and other safety hazards.
Once the trail becomes part of a regional system additional funding for maintenance can be requested. The Meijer Foundation has a $3 million endowment fund. Money can be requested from the fund from various entities to help with maintenance costs.
Mark Anderson, member of the LARA board representing Lowell Township, asked Austin to provide information about the existing Phase 1 trail. This trail starts where the rail trail from Lowell to Belding enters Lowell and ends at the Wittenbach Wege Center. The trail travels along Foreman, Gee Dr., and Alden Nash and was completed in 2011.
Anderson inquired about the current condition of the trail. Austin responded saying it’s in great shape. There are a couple of small spots in need of repair this year but proactive maintenance such as sealing cracks has kept the trail in good form. This indicates LARA and their agreements with government bodies have been able to hold up their respective part in maintaining existing trails.
Approval to Move On
Members of City Council all voted to approve the resolution to allow the city to apply to the State of Michigan for a grant to help fund the connector trail project. Easements must be established before funds are distributed, should a grant be awarded. LARA and some members of City Council will continue to work with property owners along the trail to obtain easements.
The question was raised concerning an impasse with anyone not wanting to provide an easement. While ultimately the city could force the hand of residents in acquiring the needed land for the trail, City Council does not wish to use this method. LARA will continue to work toward securing funding needed to complete the project and will remain available to answer questions from residents in the community. Their monthly meetings are the second Wednesday of each month at 6pm on the second floor of City Hall.
Edited at 12pm for further clarification of ADA vs MDOT requirements.
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