So Much for That Free Bike Trail

Rendering of proposed trail running under Highway 100.

The Milwaukee County Board of Supervisors might reject a deal that would create $1 million worth of bicycle and pedestrian infrastructure at no cost to the county.

Milwaukee County Parks officials went before the board’s Committee on Parks and Culture Tuesday seeking approval of a handful of parkland easements to facilitate the construction of a new segment for the Oak Leaf Trail. The segment would pass under a bridge on Highway 100 in Wauwatosa. The City of Wauwatosa is offering to pay for the whole thing.

The new trail would allow pedestrians and bicyclists to cross Highway 100 without navigating six-lanes of unsignalized traffic. There have been a number of pedestrians and bicyclists hit by cars at this intersection, said Bill Wehrley, City Engineer for Wauwatosa.

“We want to improve safety for users of the Oak Leaf Trail crossing Mayfair Road,” he said.

The Wisconsin Department of Transportation (WisDOT) is planning to resurface Highway 100 from W. Burleigh St. to W. Silver Spring Dr. Officials from the City of Wauwatosa saw the project as an opportunity to develop new bicycle and pedestrian infrastructure and negotiated with WisDOT to have a trail built underneath the bridge just south of the Menomonee River Parkway.

But in order to provide for proper clearance, WisDOT will need to raise the bridge three to four feet. Wauwatosa agreed to pay for this and the cost to construct the trail. Once rebuilt, the bridge would be too close to an existing We Energies gas main running along the west side of Highway 100, so the energy utility is required to move it over.

The project area runs over county parkland in Currie Park and the Menomonee River Parkway. The county is being asked to provide land easements, in exchange for payment, so the project can be completed.

Why did supervisors consider rejecting a $1 million bike trail that will allow cyclists and pedestrians to avoid crossing a six lane highway?

A major issue was the price-per-square foot the county might charge for the land easements. Supervisors were also frustrated that they didn’t understand the deal. Supervisors Steve Taylor and Sheldon Wasserman specifically said the board should have been provided powerpoints and pictures. Additionally, most of the committee members questioned why they weren’t involved or informed of the deal at an earlier date. Though now that they are involved, a majority were positioning themselves to kill the deal.

Sup. Juan Miguel Martinez sought to delay or reject the deal, telling his colleagues on the committee that while he understood it included benefits for the county, “I just have a real disdain for We Energies.” (See Update)

Supervisors Steve Shea and Felesia Martin both voted to recommend approval of the deal, but said their decision at committee was not a guarantee they would support the project when it went to the full board. The committee ultimately approved the deal on a vote of four to one with Martinez voting against. It will go to the full board for final approval later this month.

The committee has held utility easements in an attempt to secure a higher price in the past. Supervisors on the parks committee have asked parks staff to work on pricing for utility easements in an effort get higher payments for them.

In this case, We Energies is not installing new infrastructure or initiating the request. We Energies already has an easement for a gas main running on the west side of Highway 100 and will need to pay to relocate it. WisDOT’s plans for the new bridge will bring the structure too close to the existing gas line. “So we’d have to do that, regardless,” said Saji Villoth, the interim contracts manager for Milwaukee County Parks, of the utility easement.

Parks officials, including Director Guy Smith, said the project represents a benefit in the form of additional infrastructure and safety for the parks system. Jeremy Lucas, director of administration and planning, suggested that any difference between the final price paid for the easements and what policymakers thought was the real value of the easements could be considered the county’s in-kind contribution to the project.

Parks officials are still trying to negotiate a higher rate for the easements. “Generally, we do not bring these things to you until they’re more final,” Lucas said. “However, we are running into issues with process and timing on this with the state.”

Under the current offers for the easements, We Energies would pay the county $6,000, which comes to $1.60 per square-foot. WisDOT would pay $8,200, which comes to $0.28 per square-foot. Under this pricing, We Energies would pay the same cost per square-foot as it did for an easement approved by the committee in July without discussion.

Villoth explained that WisDOT’s proposed payment is based on an appraisal of the land it paid for, and that Parks has not had the time to hire its own appraiser for the project.

“Obviously, our goal is to negotiate a better price for that land in order to set a number that we would like to use again moving forward as a basis for additional things,” Lucas said.

Sup. Martin said it would be more “prudent” for Parks to give the board a hard number to vote on, “instead of making this vote, and then, in hopes that someone in good conscience is going to do the right thing which from my experience has never happened.”

Sup. Taylor agreed with parks that the project, overall, represented a benefit to the county. “If it was just We Energies lowballing us like this, I’d tell them to pound sand, alright and shove it right back at them,” he said. “And we can do that.”

The project is a once in a lifetime opportunity to create additional bicycle and pedestrian infrastructure at this location, Wehly, the city engineer said, “Because that bridge is going to be there for 75 years.”

UPDATE: 12:28 p.m. 12/14/2023: After publication, Sup. Martinez sent the following statement to Urban Milwaukee: “I apologize to the people in the county of Milwaukee and everyone that uses bike and pedestrian paths. Truth be told, I really wasn’t informed as to what was happening on this project prior to parks committee and I am not blaming anyone for that, but i want to reverse the vote I had at parks as well as the spirit of the move for rejection. My objection was ultimately procedural but the last thing I want to do is block expansion of accessible paths for the people of Milwaukee county. I will be voting yes at the full board.”