HomeMy WebLinkAboutCity/County Planning Board Minutes 03.09.1995 MINUTES
CITY-COUNTY PLANNING BOARD
MARCH 9, 1995 7:00 P.M.
COUNCIL CHAMBERS
The meeting of the City-County Planning Board was brought to order at
7:00 p.m. with the following members present:
John H. Smith, Chairman
Gerald Shay, Member at Large
Lonnie Kellogg, City Rep.
Chuck Dickerson, City Rep.
Merrill Watkins, County Rep.
Clarence Foos, County Rep.
Larry Thomas, City Rep.
.Billielou Lance, County Rep.
Jim Ziegler, County Rep.
OTHERS PRESENT:
Cal Cumin, City Planner
Jim Flisrand, City Engineer
Cheryll Lund, City Secretary
William & Gladys Bernhardt, 607 Bernhardt Rd.
Dave Penny, 1503 Eo Railroad
Dennis Rutt, 245 Ave. B, Billings
Bill Strauch, 1315 4th Ave.
Richard & Gail Klose, 511 Cottonwood
Terry Krum, 1311 E. Railroad
Gay Easton, 1011 4th Avenue
Bob Graham, 819 6th Avenue
Leroy Zuck, 1607 Alderson, Billings
Brad & Pam Anderson, 3013 Arnold Palmer Dr., Billings
Bruce Wilson, 1138 Nutter Blvd., Billings
Bob Dantic, 1030 10th Ave.
Curt Riemann, 702 W. Maryland
Puff Anderson, Laurel Outlook
Robert Marvin, 1127 Alderson, Billings
Jim Worthington, 1055 Montana Avenue
John Decker, 1130 Ridge Drive
Rob Engh, 1033 7th Avenue
Darrell McGillen, 511 W. llth
Chuck Rodgers, 626 W. 13th
Motion by Billielou Lance, seconded by Jim Ziegler, to approve the
minutes of the February 9, 1995 meeting. Motion carried.
Motion by Gerald Shay, seconded by Billielou Lance, to approve the bill
of $200 for Administrative Services. Motion carried.
ZONE CHANGE & PRELIMINARY PLAT- ENTERTAINMENT SUBDIVISION
Brad Anderson, 3013 Arnold Palmer Drive, Billings, the developer of
Entertainment Subdivision spoke regarding the preliminary plat and the zone
change from R7500 to Highway Commercial.
The project they propose is a family entertainment center. Their original
plan was to find 5 acres of land to build a go cart track and a miniature
golf course on. When they saw this piece of land available, with Highway
frontage, they decided to expand their project and control the entire
subdivision to fit in with a family entertainment theme.
They have an agreement with Yogi Bear Jellystone Park to put in a campground
that will hold between 120 and 150 campsites. (Phase II)
They also have a buy-sell agreement on 5 acres for a maze, with Billy Wray.
(Phase I) Additionally they have approval from 2 different franchise groups
for a motel (Phase III), and a buy-sell with Hoffman's Greenhouse to buy the
furthest east 5 acres.
The entire project will be done in Phases.
The first phase will include bumper boats, the main building, go-cart track
and golf course. The main building will be approximately 7,000 sq. feet.
There will be concessions in the main building along with party rooms for
children's parties, along with tot games. They would like to leave the main
building open on week-ends throughout the year and book church groups, and
various other organizations.
Cal questioned as to whether or not they plan to have a bar or casino within
the property?
Brad stated that there would be no bars or casinos, that this is a family
oriented project. There would be no bars or casinos on his 17 plus acres.
Bruce Wilson, general manager of the park, spoke regarding this project.
He gave background information on himself which includes being a resident of
Miles City, Bozeman and Billings. He has been in Bozeman since 1972. He and
his brothers ran restaurants in Billings for 15 years.
He will be responsible for keeping this park~ up and running. He will make
sure the park stays neat and clean.
He likes the concept of a park that it brings the family together. These
days there is a limited number of activities that families can do together.
He is working with Zoo Montana regarding joint promotions. He feels there
will be a good partner relationship with the zoo.
They have had several inquiries from different fast food companies. He has
gathered information and input from them.
The marketing of this project is of a broad scope. They will do state,
regional and local advertising. He has contacted day cares, churches,
nurseries and Karst Stages (bussing company) in regards to getting people out
to the park.
He wants the customer to be king and he and those he employes will keep that
philosophy for the park.
Darrell McGillen, 511 W. llth, spoke in favor of the project. He owns the
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~Hlace, Lanes in Laurel. He and his father started their business in 1971.
His business also brings families together and can be considered a family
entertainment, of sorts.
He admitted that Jon Dehler, one of the developers of this project, is a good
friend and that he has some of Jon's gaming machines in his establishment.
He states that he will promote any business that brings traffic to Laurel.
He also reminds the board of the many empty commercial buildings in Laurel
that used to house thriving businesses.
He would like to get back some of the traffic that Billings has taken from
Laurel.
Darrell states that Jon Dehler is a sincere person.
He also states that this project is an advantageous venture. Anything that
brings family entertainment, to town will help both his business and other
businesses in town.
Roy Zuck, 1607 Alderson Avenue, Billings, Mt. spoke in favor of the project.
He is the engineer on the project.
He states that they will improve Bernhardt Road and put in curb and gutter.
They will also do some work along E. Railroad Street and bring everything up
to grade. This will be done as the development of the project proceeds. All
facilities inside will be hooked to the public water and sewer facilities.
Everything within the facility will be done well.
A question from the audience is raised on the planned traffic flow into the
facility?
cal states that this will be addressed by the traffic study engineer later in
the public hearing.
Bill Thorndahl, of 909 3rd Avenue, who is also Chamber of Commerce President,
spoke in favor of the project. He states that personally he feels that this
is going to be a good project for the betterment of the City and this is the
type of project that the Chamber would generally support.
Bob Marvin, Traffic Engineer on the project, spoke concerning the traffic
study he did and gave the high points of the study.
He began by stating that this was one of the more unique studies that he has
conducted due to the seasonal nature of the park. The main traffic impacts
will only occur about 6 months out of the year. It is something that you
have to design for peak conditions and still keep in mind that its not a
constant problem or irritation all year.
With the development being done in Phases the problems with traffic can be
accomplished over a period of time, easily.
On an average weekday in the summer this development will have approximately
3200 vehicle trips a day. One thousand of those trips will be people going
within the park only, say from the motel to the park. About 640 of those
trips would be passerby trips from the interstate (trips that would of been
there anyway). They turn off to access the site.
The highest impact will be on South Washington Avenue. At this time
are 400 cars that travel that street per day. That will increase to 2006
cars per day, which is still well under its capacity, as it is a wide street
that is in good condition.
E. Railroad Street vehicle traffic will increase about 15%. Total cars will
be just a little over 1000 per day.
S.E. Fourth Street will double in existing volume.
Traffic analysis were performed at all of the intersections. In that
analysis they defined 5 projects that need to be done. Those are:
1)
The reconstruction of the intersection of E. Railroad and S. First
Street is definitely needed. The intersection is in bad shape at
this time. All left turns would be prohibited at that
intersection.
2) S.E. Fourth Street and S. First would need a traffic signal
installed.
3)
The west bound ramps of Highways 212 and 300 intersection meets the
warrants of a traffic signal, at this time. It is a unsafe
intersection and will become more so when this development is
complete. He has contacted the state on this issue.
The corner of S.E. 4th and S.E. Washington (actually a non-standard
design- a curve in the road) needs to have a center line installed.
5)
E. Railroad Street and S. Washington. E. Railroad should be
widened to provide a left turn lane and the proper signing and
channelization be installed to route traffic along S.E. Fourth to
the new signal.
There are some impacts with this development but he feels that they can all
be resolved.
Percentages of increase on the intersections will be:
E. Railroad and First South- 8 %
S. 1st and S.E. 4th- 30%
W. Ramp at 212- 18%
S.E. 4th and S. Washington- 300%
E. Railroad and S. Washington- 400%
Question on the elimination of all left turns off of E. Railroad onto S.
First. What recommendation does the traffic engineer have to re-route that
traffic?
No recommendations at this time. It will be studied further.
They did a traffic count on a Thursday in December between 4:30 p.m. and 5:30
p.m. and there were only 8 vehicles that turned left onto S. First.
General discussion is held on the 5 proposed projects.
Cal states that this is the recommendation from a professional and that this
recommendation is not cast into stone. All of these areas will be addressed.
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D~scussion on the elimination of left hand turns.
Gail Klose spoke. Her husband is a semi truck driver and she is upset that
he and other drivers will not be able to make a left hand turn. She states
that the impact of this project is going to cause problems for all of the
semi-truck drivers that turn onto S. First. People have a hard time getting
along with larger trucks. She thinks we need to look at this problem. She
is not opposed to the development but is worried about injuring tourists.
Rob Engh, 1033 7th Avenue, spoke. He has a business on S. Washington. He
feels that the route to the site has more turns than he feels comfortable
with. He would like to see a different route made, such as coming right off
of the interstate directly to the site.
A Statement is made that the developers did try to buy a strip of land that
went directly in to the site from S.E. 4th and the owners were unwilling to
sell, at least at a fair price.
Darrell McGillen made a point that at one time there was a Convoy Company
(still there), Boise Cascade, which employed about 250+ employees, and a
Burlington Northern Railroad car shop that employed between 300 - 400 people
daily. All of those people traveled E. Railroad Street onto S. First at that
time. Now a developer comes in and wants to bring in people to the community
and all of the sudden we have a traffic problem. Those roads have not
changed for 44 years, the underpass is still there, and S.E. 4th is, to him,
considered a fairly new road and development. What makes this development
any different when there were 700+ people traveling that road 10 years ago?
More discussion on the mixing of tourists and 18- wheel vehicles.
Cal questions as to whether or not the state has been contacted about these
problems?
Bob Marvin states that he has not spoke to the state regarding the E.
Railroad and South First intersection.
Bill Strauch, 1315 4th Avenue, questioned who would be responsible for the
funding of the proposed road improvements?
Cal stated that it would not be fair to ask the developer to pay for the
improvements when the road problems have existed for many years. But, Cal
feels that this is an issue that needs to be addressed.
Mr. Strauch also feels that the figure of 8% traffic increase seems to be
low.
He also wonders if the state has been contacted about the problems?
Mr. Marvin states that he did contact the state on some of the problems with
the roads.
Curt Riemann, 702 W. Maryland, spoke in favor of the project. He states that
he is in favor of the project as it is written on the proposal here tonight.
He feels it will be good for the community, but he does have some
reservations on the additional acreage proposals.
Cal commented that the public hearing process will have to be done for every
piece of acreage that exists in the subdivision, and the board will have a
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chance Fo review the pro~ uses on the remaining acreage.
He did state that if the n~oZe~ ~oes choose to put in a bar within the motel,
we cannot control that. The ~[2e controls the liquor licenses and we cannot
interfere with the states decision.
Gail Klose wondered how the additional traffic that comes into the downtown
and residential areas will be handled. Again, she is not opposed to this
project, she wants to make sure the town people remain safe. She feels there
will be a need for more stop signs and police once this project comes in.
Cal states that the subdivision review process can only study and recommend
so much. Any amount of increase in spendatures because of this project, will
have to come out of the common fund (taxes). It would not be fair to the
developer to have to pay for every change that comes about, in the future,
from this project.
OPPONENTS
Terry Krum, 1311 E. Railroad St., spoke in opposition. He has lived on E.
Railroad Street for most of his life. He has watched the traffic change on
that street. It is different now than it was 10 years ago, as there are more
semi-trucks using the street. He doesn't feel we should mix tourists with
heavy truck traffic.
He is also wondering how we will keep our kids safe, and who will be
responsible for how many get killed? It will happen.
William Bernhardt, 607 Bernhardt Road, spoke. He is not opposed to this
project, but wants to make sure that the developer keeps his ditches intact,
as they have been for the past 100 years. If they are not kept intact his
livelihood will end.
It was stated that Mr. Bernhardt was called personally by the developer and
told him that they wanted to be good neighbors. The developer feels that
there is a simple solution to the problem and they will add~ess it.
Cal states that this is an issue that needs to be addressed, and be part of
the subdivision agreement that is signed. Developers have good intentions
and an agreement will hold them to promises.
The public hearing was closed at 8:02 p.m.
Cal passed out the subdivision improvement agreements that the developer gave
to him.
Cal stated that he would like the following items considered to be put into
the subdivision agreements:
1)
3)
5)
Drainage on Railroad Street- the refitting of the south barrow pit.
Fire hydrants need to be put down on the South portion of the
street, for fire protection.
Leaving the irrigation ditches intact.
Bernhardt Road needs to be with a cul-de-sac at the end of it, with
curb and gutter installed.
Developer has to participate in off-site improvements of the
intersections that need to be worked on. This will be subject to
7)
8)
9)
~o)
the impact it creates.
Signage comments made in the transportation plan be complied with
by the developer. (Signs that help tourists find the project)
Utility easement of 20 feet.
That all of the easements of record be kept within the subdivision.
Pedestrian paths need to be provided in the interior of his
project- which carries along to the motel. These must meet the
A.D.A. requirements.
A turn lane on E. Railroad and Washington, as per the traffic
study.
All landscaping and off-street parking requirements, as per
Ordinances, be met.
Lonnie Kellogg brought up the need for an additional police officer for the
amount of extra traffic this will bring to Laurel. He is wondering if this
issue can be addressed?
Cal states that this is not gomething that can be addressed in a subdivision
review.
Brad Anderson stated that the time frame for this development is subject to
chan~e. The first phase is set to be done by May 1996. The last two phases
time frame will depend upon on how they do financially.
Cal questions the traffic engineer on whether he can get the number and types
of vehicles that make left turns at S. First and E. Railroad.
Question on traffic control device put in at S.E. Fourth and S. First? Is
this correct?
Yes.
Question on the 8% increase at Railroad and S. First? Is this correct?
Yes~ when you consider that there are about 10,000 cars that travel on S.
First, 8% of that figure would mean 800 cars.
The signage would have the traffic travel on S.E. Fourth to the site.
Comment that the traffic signal at S.E. Fourth would cause a traffic jam
coming off 1-90.
Question on the funding of the improvements to state roads. Does the state
plan to make these improvements and pay for them?
Cal states that we will have to ask the state that question.
Chuck Dickerson questions as to whether or not we can change the speed limit
in that area to 15 m.p.h.?
Cal states that this would have to be taken up with the police department and
City Council.
Billielou Lance suggested that because the majority of the traffic would be
routed onto S.E. Fourth Street, following the signage, the traffic on E.
Railroad Street will probably remain the same as it is now. Tourists
generally follow signs.
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Mrs. Klose states that tourists do get lost. She questions as to what t~
percentage is of people that follow signs?
The traffic engineer does not have that type of figure.
Chuck Dickerson states that the truck traffic can go east on Railroad.
Billie!ou Lance points out that the route through S.E. Fourth is through
business property, not residential.
Lonnie Kellogg states that the area needs street lights for this project. He
feels this should be addressed now in the subdivision agreement, and not
through an S.I.D.
He also stated that it is much easier for the police department to patrol a
lighted area.
The project engineer states that the project will be well lighted for
security and safety reasons.
The developer states that the area will be lit up like a used car lot, for
obvious reasons. He also reminded the committee that the park will be
running only 12 full weeks out of the year, and on week-ends in the winter.
He also indicated that he has contacted Montana Power concerning lights, and
they do plan to have lights installed.
Chuck has heard concerns about security at the park. He is also concerned
with transients using the park as a haven. He stated that the police
department will not be able to keep watch on the transients.
The developer questions when Chuck wants security? While they are open, or
closed? He states that those concerns will be addressed when they come up.
The building Will be hooked up to an alarm when it is not in use.
They are also planning to have a permanent caretaker at the Camp Ground
(Phase II).
Cal wants clarification on when Lonnie feels the lighting should be up and
on. Does he want it to be there just 12 weeks out of the year, or year
around?
Lonnie states that he would like the police department and engineering
department to discuss.
Jim Flisrand states that he doesn't think the lighting issue should be put
into the subdivision agreements. The Lighting District would normally
involve all adjacent property owners including; the railroad, Fiberglass
Structures & others.
Cal suggested that a recommendation be made to the council that the lighting
plan for the park facility and maze be submitted to the city engineer and
police department for review.
Cal also stated that the exact status of the ditches will have to be worked
out, to Mr. Bernhardt's satisfaction.
Cal again went over his final list of recommendations for approval of the
zone change and preliminary plat.
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2)
3)
4)
5)
6)
7)
s)
9)
10)
Refitting of the south barrow pit on E. Railroad Street to take
care of the 100 year storm drainage.
Placement of fire hydrants as per City code on the south portions
of this property.
The delineation of the establishment of the irrigation ditches to
continue with their present level of service.
Bernhardt Road be built to a full width road with curb and gutter
and a cul-de-sac at the parking lot.
Off-street traffic improvements that have been discussed here
tonight will be worked out in detail as to who, when and where.
Signage in compliance with the recommendation in the traffic study,
both on the interstate and in the city limits.
Utility easements- 20 feet as per requested.
Subject to all easements of record.
No bars or casinos will be placed on this Phase I property.
Handicapped pedestrian paths be placed within the interior of the
park.
All storm drainage on site must be taken care of.
Landscaping and off-street parking requirements, per City code, be
addressed.
Mr. Bernhardt spoke again in concern over his ditches. He stated once again
that he is not opposed to this project, he just wants the ditches to remain
with uninterrupted service.
Ziggy Ziegler told the Board that he would direct the state to the problems
we have brought up here tonight. They will be in Billings on April 3rd.
Motion by Billielou Lance, seconded by Merrill Watkins, to recommend
approval of this zone change and preliminary plat to the City Council with
the above recommendations. Motion carried with all members present voting
"Yes". (9--0)
Cal stated that there is a bill before the legislature to redo the Montana
Subdivision and Platting Act. This is a complex bill which involves many
changes and effects everything. It opens up the opportunity for the
developer to sue the government in cases where he feels like he didn't get a
fair deal.
Cal feels that the subdivision laws as they are now are good.
Cal would like us to contact Senator Ken Miller regarding this bill (#473)
and urge him to vote against it. This bill has passed the house and is now
in the senate.
Suggestion is made to draw up a letter from the Planning Board to Senator
Miller and fax it to him in Helena. Cal will draw up the letter and Cheryll
will send it.
Motion to adjourn the meeting made by Larry Thomas and seconded by
Lonnie Kellogg. Meeting adjourned at 8:53.
Respectfully submitted,
Cheryll Lund, Secretary
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