Billings, Mont., City Council Votes to Take Trails Off Map

By Tom Howard, Billings Gazette, Mont.

Sep. 27–During a two-hour public hearing before the City Council Monday night, dozens of rural property owners said the controversial Heritage Trail Plan represents a threat to their private property rights.

Dozens of trail advocates said the comprehensive trail plan is essential to developing safe, nonmotorized transportation inside and outside the city of Billings.

Finally, after 43 people walked to the lectern and spoke, the City Council agreed to amend the controversial trail plan to eliminate features many residents of Blue Creek and other rural areas found offensive. The amended plan won’t show proposed trails extending across private property. Instead, maps included in the plan will feature only conceptual sketches of areas that could be considered for future trail development. A slide shown to the council included a series of small triangles that represent potential starting and ending points for proposed trails, but no lines crossing private property.

Maps included in the amended trail plan will also feature a prominent disclaimer that says that property owners haven’t given up any rights even though trails are being considered in their neighborhood.

The council took action in response to an outcry from Blue Creek residents who were upset after learning that the Heritage Trail Plan included proposed trails across private property. The plan was originally approved last year by the council and the commission.

Earlier this month, commissioners voted to amend the map to remove any reference to trails crossing private property unless the property owners had granted permission. The City-County Planning Commission recommended that the council approve the schematic planning map for proposed trails.

The council debated the plan for about 20 minutes after the public hearing was closed. After a series of proposed amendments and substitute motions, the council approved an amended motion, which requires that the plan must be approved by the Policy Coordinating Committee.

The committee is composed of the mayor of Billings, the chairmen of the County Commission, and the Planning Board and the district administrator of the Montana Department of Transportation. The amendment was presented by Councilwoman Nancy Boyer, who said the committee’s involvement is essential to foster cooperation between the city and the county.

Residents of Blue Creek and other rural areas have circulated and signed hundreds of petitions saying proposed bike trails should be removed from maps included in the Heritage Trail Plan.

“We should start over from the get-go,” said Tom Bonogofsky, a Blue Creek resident. “I would say to the City Council to clean up your own mess before you come to the country,” Bonogofsky said, mentioning that Billings should work to improve trails within the city before extending the system to Blue Creek.

“The map as drawn shows four trails going through our home and our 6 1/2 acres,” said Don Dejarnett, who lives along Blue Creek Road. “We feel that’s just plain wrong.”

Trail advocates said the plan provides a vision for how Billings can develop as a healthy, vibrant community.

“We need to do this for Billings,” said Kathy Aragon. “Our kids need a safe place to walk to school. We need a pedestrian-friendly city.”

Some speakers said trails boost property values and quality of life. Others said a trail system would encourage vandalism, trespassing and would lead to a decline in property values.

In other action the council voted to seek a letter of advice from the state attorney general over the ballot language from a 2004 public safety mill levy.

Last month the County Commission asked County Attorney Dennis Paxinos to seek an attorney general’s opinion because the ballot language for the successful mill levy may have been ambiguous. County Treasurer Max Lenington also believes the ballot language was flawed.

Paxinos said the attorney general will be asked to clarify whether the levy that Billings voters passed is permanent or sunsets and whether levies approved over five years are cumulative. Paxinos gave the city 30 days to provide comments on how the question would be presented to the attorney general.

In an effort to speed up the process, the council decided to seek a letter of advice rather than a full-fledged attorney general’s opinion. Letters of advice are written communications that, unlike formal attorney general opinions, are signed by an assistant attorney general.

Billings voters approved the levy by a 63 percent to 37 percent margin, and the city has already begun hiring firefighters and police officers. But in July Billings mayoral candidate Al Garver contended that the ballot language was deceptive because it wasn’t clear whether the levy would sunset or would continue in perpetuity.

He asked the Montana Taxpayers Association to intervene, and the MTA contacted Lenington.

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