In 1999 and 2004, the City Council adopted resolutions regarding installation and repair of curb, gutter and sidewalk throughout the City.  Both policies are out of date and need to be repealed.  A new resolution reflecting current policies and practices for missing and damaged concrete needs to be adopted.  
Montana Code Annotated (MCA) 7-14-4109 states "
Without the formation of a special improvement district, the city council may order sidewalks, curbs, or gutters constructed in front of any lot or parcel of land.....".  MCA 7-14-4122 states "The city or town council has the power to regulate and provide for the construction or repair of sidewalks, foot pavements, curbs, gutters, or any combination thereof."  BMCC 6-1206 states "In all zoning districts portland cement concrete sidewalks, portland cement concrete driveways at all access locations and portland cement concrete integral curb and gutter shall be constructed in conformance with section 6-1203(u) and with current city standards". 

The new sidewalk policy resolution defines the process the city staff will use to implement these code sections for either new installation or repair of existing concrete outside of the subdivision or site development processes.  The policy for new concrete defines the triggers for installation and that the improvements will be funded by the fronting property owners.  The policy includes funding by the city for improvements along the non-addressed side for residential corner lots.  Improvements along non-residential lots will be fully assessed to the property owner. 

The policy for repair and maintenance of existing concrete defines the triggers for recommending repair or replacement and that the evaluation will be based on the defective sidewalk, curb and gutter guidelines established by city staff.  The cost of the sidewalk, drive approach, tree removal, and landscaping necessary to repair the defective work will be assessed to fronting property owners. The policy includes funding by the city for improvements along the non-addressed side for residential corner lots with the exception of drive approaches on both frontages which will be assessed to the property owner.  Improvements for non-residential lots will be fully assessed to the property owner.  The cost of repair and maintenance for existing curb and gutter and storm drainage improvements will be paid by the city.

Assessments for the property owners will be in accordance with BMCC 22-232 and BMCC 13-1200.  First reading for modifications to the City Code Sections 22-232 and 13-1200 are on the agenda for this council meeting. 
 

City Council must hold a public hearing and then may:

• Approve the new Sidewalk, Curb and Gutter Policy as presented and repealing Resolution Nos. 99-17447 and 04-18137; or
• Do not approve  the new Sidewalk, Curb and Gutter Policy as presented and retain Resolutions No. 99-17447 and 04-18137 in their current form.  The policies stated by these Resolutions are outdated. 

Modification of the policy will have minor financial impact to the city.  Currently, the City assesses the residential property owners the same as the new policy.  Non-residential corner properties will not be subsidized by the City under the new policy.

Staff recommends adopting the Sidewalk, Curb and Gutter Policy Resolution as presented, including repealing Resolution Nos. 99-17447 and 04-18137.