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Fri Dec 16 17:29:11 PST 2005

AGENDA

MOSCOW CITY COUNCIL

SPECIAL MEETING

Monday, December 19, 2005                                                                                                  7:00 p.m.

City Hall Council Chambers

 206 East Third Street, Second Floor

The Moscow Mayor, City Council and staff welcome you to tonight's meeting.  We appreciate and encourage public participation.  For regular agenda items, an opportunity for public comment is sometimes provided after the staff report.  However, the formality of procedures varies with the purpose and subject of the agenda item; therefore, the Mayor may exercise discretion in deciding when to allow public comment during the course of the proceedings and limitations will be placed on the time allowed for comments.  Citizens wishing to comment on business which is not on the agenda will be provided the opportunity to do so as item number 2 after the Consent Agenda.  If you plan to address the Council, you will find a list of "Tips for Addressing the Council" on the table outside the City Council Chambers.  Thank you for your interest in City government.

PLEDGE OF ALLEGIANCE 

1.   Consent Agenda:  Any item will be removed from the consent agenda at the request of any member of the Council and that item will be considered separately later.  Approval by roll call vote.

A.           Approval of Minutes of December 5, 2005 - Stephanie Kalasz

B.           Disbursement Report for November 2005 - Don Palmer

Public Works/Finance Committee reviewed accounts payable for November 2005 and recommends approval of the following:

General

$ 577,227.81 

Street

$88,843.04

HUD Reserve

Parks & Rec

$113,562.42

1912 Center

$2,619.08

Arts

$7,883.30

Water Fund

$136,936.10

Sewer Fund

$101,718.49

Sanitation

$196,877.19

Fleet Mgmt Fund

$42,764.65

Enterprise Construction

Capital Projects

$6,873.28

LID Construction

Hamilton P&R

Bond & Interest

LID Special Assessment

TOTAL

$1,275.305.36

C.           Renewal of Secondhand/Pawn Dealer License - Stephanie Kalasz

Thomas Uribe has requested renewal of his Pawnbroker License for Moscow Pawn, Inc.  The Police Chief has recommended approval of the renewal.

                  ACTION:  Approve renewal of the Secondhand/Pawn Dealer License for Thomas Uribe.

D.     Approval of New Secondhand/Pawn Dealer License - Stephanie Kalasz

Jeff Marks, owner of Now and Then, has filed an application for a new Secondhand/Pawn Dealer license.  The background check has not been completed to date but satisfactory completion of the check will be required prior to issuance of the license.

         ACTION:  Approve issuance of a Secondhand/Pawn Dealer License to Jeff Marks pending approval by the Police Chief.

E.      Notification by Time Warner to Increase the Broadcast Cable Rate - Randy Fife

On November 23, 2005, the City received notification from its cable television franchise holder, Adelphia/Time Warner Cable that it intends to raise the broadcast basic cable television rate from the current fee of $12.76 to $13.23, effective March 1, 2006.  Moscow has exercised its option to be able to review the broadcast basic cable television rate.  The option also allows Moscow to perform an "audit" of the rate of it deems such appropriate.  Because of federal pre-emption, Moscow does not have authority to review or regulate any rate other than the broadcast basic cable television rate nor does it have authority to direct cable television products, format or content.  After reviewing Time Warner's submission, it is the City Attorney's opinion that the proposed rate increase meets City regulations.

         ACTION:  Accept Time Warner Cable's notification of the intended basic cable television rate increase.

2.   Public Comment Period - For members of the Public to speak to the Council regarding matters NOT on the Agenda and not currently pending before the Planning and Zoning Commission or Board of Adjustment, please state your name and address for the record and limit remarks to three minutes.  Time limit 15 minutes.

3.    Second Reading of Ordinance Regarding Schools in Non-Residential Zones - Joel Plaskon

On July 5, 2005 the Council directed the Planning and Zoning Commission to consider the appropriateness of the Zoning Code provisions for schools facilities in non-residential zoning districts and forward a recommendation on the matter by October 3, 2005.  The Commission's recommendation was presented to Council on September 19, 2005, at which time the Council directed the Commission to work with staff to prepare an ordinance consistent with a combination of recommendations of the P&Z and staff.  The Planning and Zoning Commission recommended approval of a proposed ordinance to amend the Zoning Code relative to use allowances and parking requirements for various types of schools facilities in non-residential zoning districts on November 9, 2005.  Council considered the Ordinance on first reading on December 5, 2005 and it was discussed by the Administrative Committee on December 12, 2005.

ACTION:  Approve the Ordinance under suspension of the rules requiring three complete and separate readings and that it be read and published by title only; or reject the Ordinance; or take such other action deemed appropriate.

4.  1912 Center - Gary J. Riedner

On October 10, 2005, the Mayor's 1912 Center Use Committee presented its final report and recommendations to the Moscow City Council in a special workshop setting. At that time the City Council discussed the recommendations of the Use Committee and took the matter under advisement. The Use Committee is again before the City Council to determine direction so that the 1912 Center project can proceed.

ACTION:  Adopt recommendation of Mayor's 1912 Use Committee as contained in the staff recommendation or take such other action deemed appropriate

5.    Ordinance Combining Bicycle Commission with Transportation Commission and Creating Tree Commission - Gary J. Riedner

The Bicycle Advisory Commission has operated for a number of years promoting safe and convenient bicycle use and has been associated since 1998 with the Transportation Commission (which is charged with recommending policies and programs to support transportation goals and objectives of the Comprehensive Plan).  Staff recommends that the BAC be consolidated into the Transportation Commission.  The proposed Ordinance will terminate the Moscow Bicycle Advisory Commission.  Additionally, because the Moscow Tree Committee is currently functioning under the Community Forestry Ordinance and because it is thought that the Moscow Tree Committee should be included as a City Board or Commission, it is proposed that the Moscow Tree Committee be converted into a Commission and moved to Title 3.

     ACTION:  Approve the Ordinance under suspension of the rules requiring three complete and separate readings and that it be read and published by title only; or reject the Ordinance; or take such other action deemed appropriate.

6.    Ordinance to Amend Electric Franchise Fee - Gary J. Riedner

On November 8, 2005, the voters approved an increase in Avista's Electrical Franchise Fee from one percent (1%) to three percent (3%).  The purpose of this Ordinance is to amend Avista's Electrical Franchise Fee to increase the fee amount through the balance of the 10 year Electrical Franchise established in August 1998.

     ACTION:  Approve Ordinance under suspension of rules requiring three complete and separate readings and that it be read and published by title only; or reject the Ordinance; or take such other action deemed appropriate.

MAYOR'S APPOINTMENTS

REPORTS:

            Mayor

            Administrative Committee

            Public Works/Finance Committee

            Other Boards & Commissions

EXECUTIVE SESSION - Legal Issue - Pursuant to Idaho Code Section 67-2345(1)

NOTICE:  Individuals attending the meeting who require special assistance to accommodate physical, hearing, or other impairments, please contact the City Clerk, at (208) 883-7015 or TDD 883-7019, as soon as possible so that arrangements may be made.

Stephanie Kalasz, Moscow City Clerk

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