Conditional Use Permits

    Posted February 4, 2022

    Zoning has been a popular topic of conversation recently, with City staff receiving a lot of questions and public comment related to several projects. Zoning can be complicated, partly because there are numerous types of zoning requests. Requests generally begin with a city planner, but they may need to be heard by other boards or commissions such as the Board of Adjustments, the Zoning Commission, and/or the City Commission. It is also considered quasi-judicial, which limits how City staff and the Commission can engage in conversations about specific projects.

    One zoning process that presents unique considerations is Conditional Use Permit Applications. In this case, a business is not asking to amend zoning regulations or create any new zoning. An example of a Conditional Use Permit request would be a business that holds an all-beverages license from the State. Under Montana Code Annotated (MCA) 23-5-119 these businesses are eligible to apply for a gambling license to operate 6 or more machines, card games, keno, and Calcutta games. MCA 23-5-171 (2) says that an incorporated town such as the City of Helena can limit the locations where a casino can be within our jurisdiction but can’t prohibit them in all zones.

    When a Conditional Use Permit application is received, it initiates the following process:

    1. The application is reviewed by a City planner for completeness and then sent out for review from other departments.
    2. The assigned planner writes a staff report according to the review criteria in City code 11-3.
    3. City Staff will make a recommendation for approval or denial of the CUP in their staff report. That recommendation is formed by considering the factors in 11-3-4 B against the standards set forth in 11-3-4 A.
    4. The application is presented first to the Zoning Commission. The Zoning Commission will hear from city staff, the applicant, and the public. The Zoning Commission is a recommending body and will make their own recommendation.
    5. The Zoning Commission’s recommendation is then taken to City Commission. 

    For both the Zoning Commission and the City Commission, the evaluation of the CUP must be limited to the criteria outlined in 11-3-4 of City Code.

    Snow Removal Service Requests

    Posted January 21, 2022

    The City of Helena Streets Division continues to be busy this winter, responding to community needs as storms bring new snowfall to the area. While our plows are active during and immediately following snow fall, that work continues well beyond the end of a storm.

    So far this winter, the Streets Division has received over 150 snow related service requests through the My Helena App. Below is a breakdown of snow related requests by topic:

    ·        Sidewalks – Snow Removal: 81 

    ·        Street Plowing Request: 27 

    ·        Snow Berm Request: 23 

    ·        Street Sanding Request: 23 

    The department aims to respond to all service requests within 48 hours. Depending on the complexity of the issue, the resolution time can vary. The team generally can address snow berm and street plowing the quickest.

    In addition to service requests from the community, the Transportation team has also been working to remove snow piles downtown. 

    The City appreciates the community’s help identifying snow related issues and notifying staff using the My Helena App

    What is the process for ARPA funds?

    Posted December 23, 2021

    By the end of Spring 2022, the city of Helena will receive $8.4 million in Federal Aid through the American Rescue Plan Act (ARPA). As the City of Helena has been discussing possible uses for these funds staff have received questions about what is next in the ARPA funds process.

     At the December 15 admin meeting, the Commission provided consensus direction on creating spending “buckets” that they generally support as uses for ARPA funding. Those buckets include:

     Economic Development

    • Housing
    • Water & Sewer Infrastructure
    • One-Time Investments

    Despite the narrowed direction for the City’s ARPA funds, no money has been allocated. Helena has only received half of its federal allocation of ARPA ($4.2 million) and has essentially “deposited it in the bank”. To spend the first half, the Commission must allocate the funds into the “buckets” at an official City Commission meeting where public comment will be taken and a formal vote will occur. At that time, the following projects will be identified to move forward to funding in the current funds. Additionally, the following projects have been flagged for further consideration within the current funds and potentially the second allocation which will take place in the Spring of 2022:

     Within the buckets, the Commission agreed on:

    • Economic Development
      1. $125,000 – We Are Montana Promotion with all Economic Development Agencies 
      2. $120,000 – for MBAC two years staff focus Economic Development Helena
    • Housing
      1. $2.4 million – My Redeemer’s Church Property acquisition and sewer improvements.

    NEEDS FURTHER Detail before moving forward

    1. $3.1 million ***Needs detail on Sustainability beyond one time*** - Good Samaritan Emergency Homeless Shelter
    • Water & Sewer
      1. $1.8 million – Addition to the nearly $12 million for water and sewer projects 
    • One-time Projects
      1. $10,000 DUI Court Study

    NEEDS FURTHER Detail before moving forward

    1. $100,000 – Friendship Center
    2. $500,000 – CaHoots Program

    To share ideas on projects to fund and to follow updates on the process for allocating ARPA funds, please visit https://beheardhelena.com/arpa.  

    What is Public Right of Way?

    Posted December 10, 2021

    Public right of way has been a recurring topic for the City of Helena Commission recently. Staff have observed some confusion about public right of way and would like to use the timeliness of the topic to reiterate some key definitions to help the public better understand right of way discussions.

    A public right of way is generally property that has been dedicated to the City for the benefit and use by the public for the purpose of public usage for things such as, but not limited to, motorized access (streets and alleys), non-motorized and pedestrian access, trails, common areas, utility placement, and other forms of community benefit.

    When right of way is dedicated to a local governing body the entity holds the right of way in trust for the public’s usage.

    The design of all the features to be located within the dedicated right of way include, but is not limited to streets, curb & gutter, boulevard, sidewalks and shared use paths. The elements are considered after the appropriate right of way width is dedicated. This exact width to be dedicated is based on usage and zoning of the adjacent properties. Features, including their dimensions, can be found in the complete streets policy of Helena and the City of Helena Engineering Standards.

    What do I need to know about snow removal?

    Posted November 24, 2021

    Snow has arrived in Helena, which means it is time for City residents to prepare for snow removal. City staff often get questions and experience confusion about snow removal requirements this time of year. Here are a couple important points for the public to remember this winter:

    Streets

    • Whenever the City is forecasted to receive 2 inches or more of new snowfall, all vehicles must be removed from streets designated as Emergency Routes.
    • No campers, trailers, or other stored items may be parked on City streets or Rights-of-Way between November 1 and April 15.
    • City streets and roadways will be plowed by the Transportation Department.
    • If there's less than 2" on the road, the City will typically focus more on sanding than plowing because plowing will compact the snow more than remove it. Sanding is focused around the intersection and approaches - the entire street is not sanded.
    • Several major traffic routes are maintained by the State, including: Lyndale/Euclid, Prospect/11th, Cedar St, Custer Ave, Last Chance from Cedar to Euclid (the bridge), and N Montana anywhere north of Broadway.

    Alleys

    • Alleys are not generally plowed. If necessary for garbage collection, the Solid Waste Division may plow an alley.

    Sidewalks and Driveways

    • Property owners are required to clear driveways and sidewalks. Removal is required within 24 hours of the end of snowfall. Snow should never be moved into Right-of-Way.

    A countdown clock is available on the City website that intends to let residents know when they are expected to have snow cleared after any substantial snowfall. If snow is expected to melt within 24 hours, the clock may not be updated. The clock can be found at www.helenamt.gov/know-the-code.

    The public is encouraged to report any snow code violations using the My Helena App. The App can be downloaded using the Google Play or iOS App Store. Requests can also be made by visiting https://helenamt.citysourced.com/.

    The City also would like to remind drivers that tailgating and passing snowplows is incredibly dangerous. Please be patient and provide adequate space for plows to do their job.

    Pedestrian Safety

    Posted November 10, 2021

    SLOW DOWN Helena. Winter is here. We have less sunlight and at times will have adverse driving conditions. Please, drivers, be conscious of speeds.

     With the recent accident near one of our schools, we want to take a minute to remind everyone to slow down.

     While there have been only two accidents near the school in 20 years, if you are going slow enough, you are less likely to hit a dog or kiddo who runs out in front of your car.

     From the Police Department, in the last 20 years there were 10 injury accidents involving pedestrians, bikes or skateboards within .1 of a mile of 1023 Broadway between. Only two occurred on the streets around Jefferson School-the one on November 3 and another where an adult chased his dog into the street and was hit by a car. 

     The only other vehicle v. pedestrian (skateboard) crash in the area involving a juvenile occurred on Breckenridge and Dakota when the skateboard rode it the street and struck the side of a moving car. All other pedestrian/bike accident in the area involved adult pedestrians. 

    Pedestrians—also slow down and observe your surroundings. Don’t stare at your cell phone when crossing the street. We want all of our students, walkers, bikers, and drivers safe in Helena.

    How do I contact the City?

    Posted October 29, 2021

    We are seeing an increase in confusion over how to receive a response from the City on general questions, service needs, or to just provide thoughts on an issue in the community. 

    City staff is actively exploring opportunities to improve current communication tools with the user experience in mind. 

    While we work on synchronizing our communication options, please use these general guidelines:

    Emergencies and Urgencies: 

    Call 911 with emergencies. An emergency is when life and/or property is in immediate danger. Please do NOT call 911 if there is not an immediate danger—you may unintentionally slow the response to someone in danger. 

    Non-emergency calls should be made to the dispatch center at (406) 457-8866 when a police response is needed, but life or property are not in immediate danger. Your call for service will be responded to by based on priority.

    Requests for Service

    Requests of action regarding a community, home, or business need which is managed by City operations and/or services is best directed using the My Helena app, which can be downloaded using the IOS App Store or Google Play. It can also be accessed by visiting www.MyHelenaApp.com. The app and webpage can be used to notify staff of potholes, down trees, damaged trash cans, water service, waste collection, abandoned vehicles, and more. The City-County Building’s general info desk can also be reached at 406-447-8000 and is a helpful resource for directing questions to the appropriate City departments. A list of complete department contacts can be found at www.helenamt.gov/topmenu/contact-us

    Community-wide Issues or Comments/Questions to Be Shared With Everyone

    Comments or questions that will benefit the entire public and result in collection of responses for sharing in the community can be made in the “From the Vine” section on BeHeardHelena.com. You do NOT need to register to submit a comment/question. 

    Official Public Comments on City Activities

    Official Public Comments on issues in the community must be recorded in a publicized City Commission or Administrative meetings under the “Public Comment” section. For a list of current meetings, please visit www.helenamt.gov/government/departments/city-commission. Comments can be made on specific public projects, like the Open Lands Major Projects Update on BeHeardHelena.com. You will need to register to ensure your comments/input are included. 

    City Service Complaints or Thanks

    For City service complaints or thanks, contact the City Manager at rschalk@helenamt.gov AND the City Commission at mayorandcommission@helenamt.gov. Note, that if you are requesting a response, please include the City Manager on your email. 

    Respectful Engagement

    Posted October 1, 2021

    The City of Helena leadership team has observed in recent months a high level of tension around issues of importance to the Helena community. Team members have been reflecting on the current state of COVID-19 in the community and it’s relationship to this tension.

    We want to acknowledge and draw awareness to this added pressure as it impacts our interactions among staff  and the community. As public servants, we appreciate the opportunity to represent the City outside of our work hours, but also desire appropriate boundaries when confronted with questions or concerns related to City business. There is a healthy, productive way to sort out disagreements that honors all people involved, despite the ongoing challenges of the pandemic.

     The leadership team is committed to ongoing dialogue to ensure questions and concerns are being addressed. It is critical that we engage respectfully. We strive to give grace to each other as emotional responses are heightened with the added pressure of COVID-19 in our community.


    What is the City recommending for dogs on open lands?

    Posted September 17, 2021

    On Wednesday, September 15, the City of Helena provided a presentation to the Commission on dogs and leash requirements on open lands. The Commission has recently received complaints about open land users that are not complying with the voice command requirements. As a result, the Parks and Recreation department has begun working on an education campaign in hopes of increasing voice command compliance on the City’s open lands.

     

    Currently, dogs are allowed off-leash on Helena Open Lands 100 yards from trailheads and under voice control. Staff sees an opportunity to educate dog owners about the expectations for voice control. The City has begun creating a series of videos that will outline proper voice control for unleashed dogs. Staff plans to launch the video series in 2022 and depending on the response, could use the videos as a prerequisite for dog licensing in the future.

     

    The staff recommendation to the Commission is implementing the educational resources before creating stricter rules for dogs on open lands.

    What is the City doing to address Homelessness in Helena?

    Posted September 2, 2021
    The City has received a growing number of questions about homelessness in Helena recently, with residents wondering how the City plans to address this issue. Staff is currently investigating several possible solutions, including temporary emergency and permanent emergency shelter options to present to the Commission.

     

    One solution that has been presented is an emergency shelter project that is being referred to as Helena Outdoor Temporary Safe Space (HOTSS). The project has been proposed as an urgent, emergency option that would involve partnership with local nonprofits. The proposal includes one-time financial investment from the City, with partners managing the outcomes. The proposal is being led by Good Samaritan Ministries. United Way has expressed interest in overseeing case management, which is vital to the success of any solution.

     

    City staff believes that a permanent shelter is our best long-term solution. HOTSS presents a possible first step to provide case management services to move our homeless from emergency to temporary and then permanent housing.

     

    Following directive from the Commission, City staff is investigating specific details about implementing HOTSS, such as budgetary needs and commitments from partners, to present to the Commission.

    What is going on with Muni's hours and operation?

    Posted August 31, 2021
    Our staff has been receiving many questions recently about the operation status of Muni’s Restaurant at Bill Robert’s Golf Course. Muni’s continues to be open with some limited hours for the kitchen. The kitchen is regularly closed Monday and Tuesday, but with full beverage service and a few food items, during those days. We have also significantly paired down the menu.

    There have been several challenges this summer with the restaurant. As we are seeing all over the country, the City is experiencing staffing shortages as well as some food products and shipment/supply chain shortages. We don’t have enough people to work, mostly cooks, and sometimes don’t get enough, or run out of, food. We have increased cook pay, but like other restaurants, we do not have enough cooks to fully staff the kitchen, hence the limited hours and menu.