Author: Todd Scott

  • Legislators trying to raid Michigan’s Trust Fund

    State Rep. Dave Agema is leading the raid on Michigan's Natural Resources Trust Fund

    The Michigan Natural Resources Trust Fund and Federal Transportation Enhancements are the two main funding sources for biking and trail projects in this state.

    Now one, if not both are under attack.

    The raid on the Trust Fund is quite clear. But let’s begin by noting what this fund is. From the DNR web site:

    The Michigan Natural Resources Trust Fund (MNRTF) has been in place since 1976. It provides financial assistance to local governments and the Department of Natural Resources and Environment (DNRE) to purchase land or rights in land for public recreation or protection of land because of its environmental importance or its scenic beauty. It also assists in the appropriate development of land for public outdoor recreation.

    The MNRTF is supported by annual revenues from the development of State-owned mineral resources, largely oil and gas.

    In the Metro Detroit are, the Trust Fund has helped buy trails (e.g. Clinton River Trail), build trails (e.g. Dequindre Cut, RiverWalk), and build parks (Milliken State Park.)

    Michigan legislators have introduced bills to divert 80% of the incoming funding and spend it on roads and the aeronautics fund. The message is clear: pavement over parks.

    Fortunately this attack on our funding will require significant effort. According to the DNRE, “The MNRTF is constitutionally protected, and, therefore, the passage of this law would require a Constitutional amendment (2/3 majority vote of both the House of Representatives and the Senate and then a majority vote of the citizens).”

    Who is behind this attack?

    There are two bills and one resolution involved: House Resolution NNN, House Bill 6482, and House Bill 6483. Representative Dave Agema (R-Grandville) is the main sponsored the first two, while Representative Bob Genetski (R-Saugatuk) sponsored the latter. Representatives Eileen Kowall (R-White Lake), Sharon Tyler (R-Niles), John Walsh (R-Livonia), Tom Pearce (R-Rockford), and Joe Haveman (R-Holland) are co-sponsors across the board.

    This attempt to rob the Trust Fund really began with the Transportation Funding Task Force, which we wrote about in December of 2008. That effort was stacked with road lobby members so it was no surprise when they suggested taking money dedicated to parks, recreational and greenspace.

    All bills are in the Great Lakes and Environment committee where they will hopefully die this session. But don’t hesitate to call and let your state representative know how you feel about this raid.

  • Mexicantown public planning session tonight

    From the Detroit News

    By early next summer, the Corktown/Mexicantown Greenlink project will add bike lanes and routes all across the area. It’s likely that these neighborhoods will have a higher density of bike facilities than any other in Michigan.

    But there’s more than just biking planned for this area.

    Tonight from 4pm until 7pm is a public open house:

    Come share with us a Community Vision for a 20 Block Area of Vernor and Bagley in and around the Mexicantown Mercado. Over 100 stakeholders came together to strategize on the Redevelopment of this Vital Area.

    Design Boards will be on display for your review and comments.

    Sponsored by: Southwest Housing and Detroit Collaborative Design Center, University of Detroit Mercy School of Architecture.

    Today’s Detroit News has an article with additional details.

    One good question is how will this area’s planned redevelopment enhance and take advantage of the new biking facilities? We’ll know more tonight.

  • Illegal to pass cars while on the shoulder?

    We are not providing legal advice. This is our interpretation of Michigan state law. UPDATED August 8, 2017

    We’ve previously provided many situations where the rules of the road should be ignored due to their impracticality or unreasonableness. The bottom line is a cyclist’s safety is more important than strictly following the letter of the law.

    Here’s another justification for those who ride on the shoulder.

    Let’s start with these key definitions under Michigan’s state law.

    1. Bicycles are not vehicles since they are “exclusively moved by human power.”
    2. “Roadway means that portion of a highway improved, designed, or ordinarily used for vehicular travel.”
    3. “Shoulder means that portion of the highway contiguous to the roadway generally extending the contour of the roadway, not designed for vehicular travel”

    So, this means shoulders are not part of the roadway. This was reaffirmed in Grimes vs. MDOT (2006).

    A shoulder may be capable of supporting some form of vehicular traffic, but it is not a travel lane and it is not “designed for vehicular travel.”

    State law does not define “bike lanes”, however since bicycles are not vehicles, bike lanes are not designed for vehicular travel. Therefore bike lanes are not part of the roadway. Neither are parking lanes for that matter.

    Riding on shoulders

    State law does prohibit vehicles passing other vehicles while on the shoulder.

    The driver of a vehicle shall not overtake and pass another vehicle upon the right by driving off the pavement or main-traveled portion of the roadway.

    State law also states that bicyclists upon the roadway  have “all of the rights and is subject to all of the duties applicable to the driver of a vehicle.” When you ride on the road shoulder, you’re not on the roadway and are not required to follow the same laws as vehicle operators.

    So go ahead and pass on the shoulder.

     

    Do bicyclists have to ride on the shoulders?

    Actually, they don’t. The law says:

    A person operating a bicycle upon a highway or street at less than the existing speed of traffic shall ride as close as practicable to the right-hand curb or edge of the roadway.

    The shoulder is not part of the roadway. Bicyclists are not required to ride in bike lanes or parking lanes either.


    http://legislature.mi.gov/doc.aspx?mcl-257-59a
  • Ferndale’s Complete Streets in the news

    C and G News published an article on Ferndale’s passing of a Complete Streets ordinance.

    In it, Mayor  Covey (and soon to be county commissioner) astutely noted that Ferndale has already had great success with Complete Streets, citing the W. Nine Mile road diet — a key turning point in revitalizing Downtown Ferndale.

    Another key benefit to the ordinance?

    Councilwoman Kate Baker pointed out that having a Complete Streets policy in place will also help to get the Police Department, the Department of Public Works, the Community Development Services Department, the Parks and Recreation Department and the Plan Commission on the same page.

    That’s an interesting point. In many cities now, there is no such formal departmental coordination on road projects. We recently spoke with another city’s planning commission chair. They pushed their city engineering to let their commission review and comment on the road designs before they’re finalized.

    In Detroit there been a discussion on what the health department’s role is in transportation decisions. We know that road designs affect whether people can safely bike or walk. We know that these decisions affect obesity.

    And, road injuries and fatalities are a health issue. New York City Mayor Bloomberg noted the increase in life expectancy for his city residents just from reduced pedestrian and cycling deaths.

    One final word: Thanks to the city of Ferndale for the beautifully re-paved bikes lanes on Hilton north of Nine Mile. They’re so smooth!

  • Planned Detroit RiverWalk improvements

    SEMCOG has been asked to add 60 projects to the 2011-2014 Transportation Improvement Program (TIP).

    Among those additions, MDOT has submitted 3 non-motorized pathway construction projects for the Detroit RiverWalk.

    • 2011: $15.5 million for pathways at various locations between Cobo Hall and the Belle Isle Bridge, perhaps including the unfinished section in front of the new Port Authority.
    • 2012: $5.4 million for pathways from Chene (Park) to Jos Campau.
    • 2013: $11 million for pathways from Meldrum (Mt. Elliot Park) to the Belle Isle Bridge. This is the Uniroyal site.

    Yes, the details are vague, but it’s enough information to get excited. If this goes as planned, the RiverWalk will connect with Belle Isle by 2013.

    Milliken State Park expansion?

    The DNRE is also looking at expanding their state park located on the RiverWalk.

    This is an excerpt from  a presentation given at the August 18th Natural Resources Trust Fund meeting, which has provided funding to the RiverWalk and state park. The presentation was by Vicki Anthes from the DNRE and Faye Alexander-Nelson from the Detroit Riverfront Conservancy.

    Ms. Anthes outlined two parcels that are critical for additional development of the state park. The first parcel is the Atwater Loft building, which has sat vacant for some time. The Detroit Economic Development Corporation is willing to discuss acquisition of the property. This property would have a huge impact on how the remainder of the park is developed. The other property, north of Atwater Street, is the Globe Building and some vacant land just north of it. She discussed additional parcels of interest to future development of the park — Watermark parcel, existing City of Detroit owned Chene Park and Holsom property. None of these properties have been developed. The DNRE would like the City of Detroit to consider these properties for acquisition to the Milliken State Park to expand recreational opportunities. Another parcel for consideration is located on the the west riverfront area and is approximately 40 acres. The City of Detroit owns this property as well. If all parcels were acquired, the state park would go from 31 acres to approximately 78 acres.

    The Atwater Loft building mentioned above is that vacant land just east of the Rivard Plaza parking lot. The minutes imply that Chene Park is undeveloped, which is obviously not correct. The DEGC does have plans to expand Hart Plaza so that it replaces Chene Park. This is a really needed if there’s any hope of increasing residential living opportunities in the area around Chene. Living next to an amphitheater brings noise and parking issues.

    What this really shows is the market for condos directly on the river isn’t what the DEGC thought, at least not in this current market. The DNRE can apply for Trust Fund grants to acquire and develop park land, so they’re really the only game in town right now.

    The presentation included  more information on the Globe Buiding.

    Ms. Anthes further outlined the vision of development at the Globe Building property. A portion of the interior space could provide opportunities for an adventure and discovery center. There would be hands-on activities for visitors to experience outdoor recreation and natural resources, such as climbing a giant White Pine tree, simulated kayaking trip or an indoor archery center.

    Interesting ideas. It’s great to see the DNRE is expanding their role in Detroit — as they should. This state park is more readily accessible than any other in Michigan. It’s highly visible and a huge asset to the community.

    Dequindre Cut Expansion

    At this same Trust Fund meeting, Tom Woiwode from the Community Foundation for Southeast Michigan discussed the planned northward extension of the Cut to Mack Avenue.

    From the minutes:

    The original plan was to connect the trail into Eastern Market. In the first phase of the project, the trail got users as far as Gratiot. North of Gratiot the property was privately owned. The railroad company owns this property. Just last month the railroad company has agreed to sell the property.

    The Community Foundation is prepared to provide the match required for the acquisition. With this property, the Dequindre Cut will actually directly connect with Eastern Market. The Michigan Department of Transportation (MDOT) provided a $393,000 grant towards the Dequindre Cut south trail construction. They have expressed interest in continuing the project north and have some construction funds available.

    There you go, D-Cut fans. The wheels of trail expansion are turning…