[Vision2020] Moscow City Council Tuesday Agenda

Fri Sep 1 15:00:36 PDT 2006

THE CURRENT COUNCIL PACKET IS NOW AVAILABLE ON THE CITY WEBSITE:
www.ci.moscow.id.us <http://www.ci.moscow.id.us/>      PLEASE NOTE THAT
THE MEETING WILL BE ON TUESDAY DUE TO CITY HALL OFFICES BEING CLOSED
MONDAY FOR THE LABOR DAY HOLIDAY

AGENDA

MOSCOW CITY COUNCIL

REGULAR MEETING

Tuesday, September 5, 2006
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.  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.

RENEWING OUR FOCUS - At each meeting, one City Council member will
present an example of patriotism, humanitarianism, community spirit, or
other inspirational message.  Contact a Council-member with examples to
share at future meetings.

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 August 21, 2006 - Stephanie Kalasz

B.     Agreement Renewal with ARC - Dwight Curtis

Staff is requesting approval for renewal of tenant use agreement with
ARC for 1912 Building space. There are no changes from the previously
approved agreement other than the duration is now for 12 months compared
to the previous 18 month agreements. The reason for the shorter duration
of the agreement is the anticipated transfer of management of the 1912
Center to a non-profit organization in the near future. Efforts will be
made to make the transfer of management as least disruptive to the
existing tenants as possible.  The use period is for 12 months,
effective October 1, 2006 through September 30, 2007. Either party can
terminate this agreement upon sixty (60) days written notice.   Reviewed
by the Administrative Committee on August 28, 2006.

      ACTION:  Approve Agreement renewal with ARC.

C.     Agreement Renewal with the Friendly Neighbors - Dwight Curtis

Staff is requesting approval for renewal of tenant use agreement with
Friendly Neighbors Senior Citizens Club for 1912 Building space. The
primary changes from the previous agreement are:  The addition of the
senior center on the first floor, previously the responsibility of RSVP
(due to funding issues, RSVP will no longer have a "staffed" presence at
the 1912 Center, though they will continue to coordinate senior
volunteers to staff the facility); the duration of the agreement is now
for 12 months compared to the previous 5 year agreement (the reason for
the shorter duration of the agreement is the anticipated transfer of
management of the 1912 Center to a non-profit organization in the near
future).  Efforts will be made to make the transfer of management as
least disruptive to the existing tenants as possible.  The use period is
for 12 months, effective October 1, 2006 through September 30, 2007.
Either party can terminate this agreement upon sixty (60) days written
notice.  Reviewed by the Administrative Committee on August 28, 2006.

      ACTION:  Approve Agreement renewal with Friendly Neighbors.

D.     Angela Carpenter Lot Line Adjustment - Andrew Ackerman

Damon & Angela Carpenter own two parcels of property platted as Lots 2 &
3, Blk 2 of the Rolling Hills 7th Addition. . The proposed lot
adjustment would widen Lot 3 by 15' and reduce Lot 2 by the same. This
would result in the corner lot (Lot 3) having additional frontage (85')
on Itani Drive and reducing the interior lot (Lot 2) to 70' of frontage.
Both meet all the minimum requirements for lot dimensions, size, and
street frontage in the Moderate Density Single Family Residential (R-2)
zoning district.  Reviewed by the Public Works/Finance Committee on
August 28, 2006.

ACTION:  Approve lot line adjustment.

E.      Zions Bank Lot Line Adjustment - Andrew Ackerman

Zions Bank owns two parcels of property located at 105 and 107 S. Main
St. The proposed consolidation would add a 16' x 71.5' piece of property
to the already consolidated lots addressed as 105 S. Main St.  The
Central Business District (CB) has no minimum lot size standard.  While
the lot consolidation is not required by the Zoning Code to allow for
the use of recently acquired parcel, it would make record keeping more
efficient and logical by having the bank use under one address and one
legal description. The consolidation meets all the minimum requirements
for the CB Zoning District.  Reviewed by the Public Works/Finance
Committee on August 28, 2006.

ACTION:  Approve lot line adjustment.

F.      Pope's Third Addition Development Agreement - Dean Weyen

Miller Development, LLC of Orofino is developing Pope's Third Addition.
The construction of the public improvements for Phase I is approximately
fifty percent complete.   A Development Agreement is necessary to allow
issuance of building permits prior to the completion of the remaining
improvements.   The subdivision plat was filed in 1978.  Reviewed by the
Public Works/Finance Committee on August 28, 2006.

ACTION:  Approve development agreement.

G.     2006 Idaho Transportation Department Grant for Pullman-Moscow
Regional Airport - Robb Parish

The Idaho State Transportation Department is offering a grant to the
City of Moscow for airport development in the amount of $15,000. This
grant will be used for costs of or reimbursement of costs of development
as noted in the attached memo from Robb Parish, Airport Manager.
Reviewed by the Public Works/Finance Committee on August 28, 2006.

ACTION:  Approve acceptance of grant offer.

2.       Public Comment and Mayor's Response Period (limit 15 minutes)
- 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.  Mayor will
respond to comments from previous meeting.

3.       Public Hearing - A Street and Farm Road Rezone - Andrew
Ackerman

On July 26, 2006, the Planning & Zoning Commission recommended approval
of a rezone for approximately 2.45 acres of land on the southwest corner
of the intersection of "A" Street and Farm Road from the Farm, Ranch,
and Outdoor Recreation (FR) Zoning District to the Motor Business (MB)
Zoning District.  Council committees received the P&Z recommendation on
August 28th, 2006. The lot is a fairly flat piece of ground and
surrounded by commercial uses to the south and west and residential to
the north and east. Agricultural land still exists cater-corner to the
northwest, but was recently annexed into the city and designated
Extensive Commercial.

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

4.       New Saint Andrew's CUP Appeals - Joel Plaskon

On March 28, 2006, the Board of Adjustment granted a Conditional Use
Permit to New Saint Andrews College to operate an educational
institution in the Central Business (CB) Zoning District, subject to the
following conditions:  1) The maximum number of full-time equivalent
students shall not exceed 200 and 2) Maintenance of ground floor
commercial uses that are open to the public shall not be less than 160
feet of lineal footage along the public pedestrian frontage of the
structure.  The C.U.P. Permit was appealed by Robert Greene, Thomas
Bode, Scott Bauer and Jeanne and Robert Jacobson.  These appellants did
not necessarily share the same bases for their appeals and each appeal
was filed distinct from the other.  On June 5, 2006, the Council
remanded the matter to the Board with specific interest in parking
mitigation options.  The other appeals were not addressed.  On June 29,
2006, the Board of Adjustment conducted the hearing to reconsider the
C.U.P.  Upon conclusion of the public hearing and related deliberation,
the Board rendered a decision of conditional approval, identical to that
of their first determination made on March 28, 2006.  This decision was
appealed, again, by Mr. Bode.  The Council's consideration of this
matter on September 5, 2006 will include the most recent appeal by Mr.
Bode, as well as the original appeals of Mr. Greene, Mr. Bauer, and Mr.
and Mrs. Jacobson.  Staff is forwarding the entire record dating from
the March 28, 2006 C.U.P. application hearing to present.  Moscow City
Code precludes the acceptance of information not already on the record,
upon consideration of these appeals.

ACTION:   Sustain the decision of the Board, in whole or in part;
reverse the decision of the Board, in whole or in part; remand the
matter to the Board with specific comments and/or instructions for
further consideration by the Board.  Any remand shall be a new public
hearing only subject to a finding by the Council that there is new
material information which was not available at the time of the Board's
decision and that it is in the public interest to develop such
information.

5.       Open FY 2005-06 Budget - Don Palmer

The State of Idaho allows Cities to amend its original appropriation
ordinance in accordance with Title 50-1002 of the Idaho Code.  Staff is
proposing to amend Ordinance 2005-25 because of unallocated fund balance
carry over due from authorized expenditures or unexpected and
unallocated revenues.   All of the appropriation changes total
$1,028,475. The proposed changes are listed in detail in the attached
document entitled "Budget Revisions Detail 2006".  Reviewed by the
Public Works/Finance Committee on August 28, 2006.

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

REPORTS:

            Administrative Committee

            Public Works/Finance Committee

            Other Boards & Commissions

            Mayor

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, as soon as possible so
that arrangements may be made.

AGENDA

MOSCOW CITY COUNCIL

REGULAR MEETING

Tuesday, September 5, 2006
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.  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.

RENEWING OUR FOCUS - At each meeting, one City Council member will
present an example of patriotism, humanitarianism, community spirit, or
other inspirational message.  Contact a Council-member with examples to
share at future meetings.

6.       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.

H.     Approval of Minutes of August 21, 2006 - Stephanie Kalasz

I.        Agreement Renewal with ARC - Dwight Curtis

Staff is requesting approval for renewal of tenant use agreement with
ARC for 1912 Building space. There are no changes from the previously
approved agreement other than the duration is now for 12 months compared
to the previous 18 month agreements. The reason for the shorter duration
of the agreement is the anticipated transfer of management of the 1912
Center to a non-profit organization in the near future. Efforts will be
made to make the transfer of management as least disruptive to the
existing tenants as possible.  The use period is for 12 months,
effective October 1, 2006 through September 30, 2007. Either party can
terminate this agreement upon sixty (60) days written notice.   Reviewed
by the Administrative Committee on August 28, 2006.

      ACTION:  Approve Agreement renewal with ARC.

J.       Agreement Renewal with the Friendly Neighbors - Dwight Curtis

Staff is requesting approval for renewal of tenant use agreement with
Friendly Neighbors Senior Citizens Club for 1912 Building space. The
primary changes from the previous agreement are:  The addition of the
senior center on the first floor, previously the responsibility of RSVP
(due to funding issues, RSVP will no longer have a "staffed" presence at
the 1912 Center, though they will continue to coordinate senior
volunteers to staff the facility); the duration of the agreement is now
for 12 months compared to the previous 5 year agreement (the reason for
the shorter duration of the agreement is the anticipated transfer of
management of the 1912 Center to a non-profit organization in the near
future).  Efforts will be made to make the transfer of management as
least disruptive to the existing tenants as possible.  The use period is
for 12 months, effective October 1, 2006 through September 30, 2007.
Either party can terminate this agreement upon sixty (60) days written
notice.  Reviewed by the Administrative Committee on August 28, 2006.

      ACTION:  Approve Agreement renewal with Friendly Neighbors.

K.     Angela Carpenter Lot Line Adjustment - Andrew Ackerman

Damon & Angela Carpenter own two parcels of property platted as Lots 2 &
3, Blk 2 of the Rolling Hills 7th Addition. . The proposed lot
adjustment would widen Lot 3 by 15' and reduce Lot 2 by the same. This
would result in the corner lot (Lot 3) having additional frontage (85')
on Itani Drive and reducing the interior lot (Lot 2) to 70' of frontage.
Both meet all the minimum requirements for lot dimensions, size, and
street frontage in the Moderate Density Single Family Residential (R-2)
zoning district.  Reviewed by the Public Works/Finance Committee on
August 28, 2006.

ACTION:  Approve lot line adjustment.

L.      Zions Bank Lot Line Adjustment - Andrew Ackerman

Zions Bank owns two parcels of property located at 105 and 107 S. Main
St. The proposed consolidation would add a 16' x 71.5' piece of property
to the already consolidated lots addressed as 105 S. Main St.  The
Central Business District (CB) has no minimum lot size standard.  While
the lot consolidation is not required by the Zoning Code to allow for
the use of recently acquired parcel, it would make record keeping more
efficient and logical by having the bank use under one address and one
legal description. The consolidation meets all the minimum requirements
for the CB Zoning District.  Reviewed by the Public Works/Finance
Committee on August 28, 2006.

ACTION:  Approve lot line adjustment.

M.    Pope's Third Addition Development Agreement - Dean Weyen

Miller Development, LLC of Orofino is developing Pope's Third Addition.
The construction of the public improvements for Phase I is approximately
fifty percent complete.   A Development Agreement is necessary to allow
issuance of building permits prior to the completion of the remaining
improvements.   The subdivision plat was filed in 1978.  Reviewed by the
Public Works/Finance Committee on August 28, 2006.

ACTION:  Approve development agreement.

N.     2006 Idaho Transportation Department Grant for Pullman-Moscow
Regional Airport - Robb Parish

The Idaho State Transportation Department is offering a grant to the
City of Moscow for airport development in the amount of $15,000. This
grant will be used for costs of or reimbursement of costs of development
as noted in the attached memo from Robb Parish, Airport Manager.
Reviewed by the Public Works/Finance Committee on August 28, 2006.

ACTION:  Approve acceptance of grant offer.

7.       Public Comment and Mayor's Response Period (limit 15 minutes)
- 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.  Mayor will
respond to comments from previous meeting.

8.       Public Hearing - A Street and Farm Road Rezone - Andrew
Ackerman

On July 26, 2006, the Planning & Zoning Commission recommended approval
of a rezone for approximately 2.45 acres of land on the southwest corner
of the intersection of "A" Street and Farm Road from the Farm, Ranch,
and Outdoor Recreation (FR) Zoning District to the Motor Business (MB)
Zoning District.  Council committees received the P&Z recommendation on
August 28th, 2006. The lot is a fairly flat piece of ground and
surrounded by commercial uses to the south and west and residential to
the north and east. Agricultural land still exists cater-corner to the
northwest, but was recently annexed into the city and designated
Extensive Commercial.

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

9.       New Saint Andrew's CUP Appeals - Joel Plaskon

On March 28, 2006, the Board of Adjustment granted a Conditional Use
Permit to New Saint Andrews College to operate an educational
institution in the Central Business (CB) Zoning District, subject to the
following conditions:  1) The maximum number of full-time equivalent
students shall not exceed 200 and 2) Maintenance of ground floor
commercial uses that are open to the public shall not be less than 160
feet of lineal footage along the public pedestrian frontage of the
structure.  The C.U.P. Permit was appealed by Robert Greene, Thomas
Bode, Scott Bauer and Jeanne and Robert Jacobson.  These appellants did
not necessarily share the same bases for their appeals and each appeal
was filed distinct from the other.  On June 5, 2006, the Council
remanded the matter to the Board with specific interest in parking
mitigation options.  The other appeals were not addressed.  On June 29,
2006, the Board of Adjustment conducted the hearing to reconsider the
C.U.P.  Upon conclusion of the public hearing and related deliberation,
the Board rendered a decision of conditional approval, identical to that
of their first determination made on March 28, 2006.  This decision was
appealed, again, by Mr. Bode.  The Council's consideration of this
matter on September 5, 2006 will include the most recent appeal by Mr.
Bode, as well as the original appeals of Mr. Greene, Mr. Bauer, and Mr.
and Mrs. Jacobson.  Staff is forwarding the entire record dating from
the March 28, 2006 C.U.P. application hearing to present.  Moscow City
Code precludes the acceptance of information not already on the record,
upon consideration of these appeals.

ACTION:   Sustain the decision of the Board, in whole or in part;
reverse the decision of the Board, in whole or in part; remand the
matter to the Board with specific comments and/or instructions for
further consideration by the Board.  Any remand shall be a new public
hearing only subject to a finding by the Council that there is new
material information which was not available at the time of the Board's
decision and that it is in the public interest to develop such
information.

10.   Open FY 2005-06 Budget - Don Palmer

The State of Idaho allows Cities to amend its original appropriation
ordinance in accordance with Title 50-1002 of the Idaho Code.  Staff is
proposing to amend Ordinance 2005-25 because of unallocated fund balance
carry over due from authorized expenditures or unexpected and
unallocated revenues.   All of the appropriation changes total
$1,028,475. The proposed changes are listed in detail in the attached
document entitled "Budget Revisions Detail 2006".  Reviewed by the
Public Works/Finance Committee on August 28, 2006.

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

REPORTS:

            Administrative Committee

            Public Works/Finance Committee

            Other Boards & Commissions

            Mayor

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, as soon as possible so
that arrangements may be made.

Stephanie Kalasz

Moscow City Clerk

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