[Vision2020] Moscow City Council Agenda 08-06-07

Fri Aug 3 12:36:44 PDT 2007

AGENDA

MOSCOW CITY COUNCIL

REGULAR MEETING

Monday, August 6, 2007                                                                                                                            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 3.  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 July 16, 2007 - Stephanie Kalasz

B.     Greensides Hill Monumentation Agreement - Les MacDonald

Greensides, Incorporated (Mike Hoffmann) is the owner and developer of the recently approved Greensides Hill Subdivision on North Polk (PUD).  The interior property corners will not be set until after the final plat has been filed and after the installation of utilities, including earthwork, has been completed.  An agreement obligating the establishment of these interior corners is necessary as per State Code.  Both the final plat and the Development Agreement for public improvements were previously approved by Council.

ACTION:  Approve Agreement.

C.     Preserve America Application - Alisa Stone

The Grants Coordinator and the Moscow Historic Preservation Commission are seeking approval to submit an application to obtain the Preserve American Community designation for the City of Moscow.  This designation recognizes communities that:  protect and celebrate their heritage; use their historic assets for economic development and community revitalization; and encourage people to experience and appreciate local historic resources through education and heritage tourism programs.  The designation application requires approval of the attached Resolution.

ACTION:  Approve Resolution 2007-16 and related documents.

D.     FTA Vendor Application and User Approval - Alisa Stone

The City of Moscow has been awarded an appropriation of funding by FTA from the FY2007 Section 5309 Bus & Bus Facilities Program Funds.  In order to access the funding, there are several requirements which include a Resolution and other documentation.  Refer to the packet for more information.

ACTION:  Approve Resolution 2007-17 and related documents.

E.      Historic Preservation Commission Reimbursement Grant - Alisa Stone

The Moscow Historic Preservation Commission was contacted by Ann Swanson of the Idaho State Historical Society with notification that $1,000 of grant funds is available to the City for reimbursement of expenses for the two Commission members who attended the Commission Assistance and Mentoring Program (CAMP) in Boise on June 1& 2, 2007.  In order to receive the funds, the Mayor is required to sign a "Memorandum of Agreement with Assurances" and a Resolution outlining the responsibilities of the grantee under the funding requirements.

ACTION:  Approve Resolution 2007-18 and related documents.

F.      Greensides Hill Open Space and Public Infrastructure Maintenance Agreement - Andrew Ackerman

As part of the final PUD and Plat approval, Council placed a condition that a development agreement be drafted and agreed upon by the developer and City to insure that the private park lands (open space) and trails are publicly accessible and additionally that storm water infrastructure, approved as part of the development, is maintained in perpetuity. Legal, Engineering and Community Development have prepared the attached Agreement in order to address these issues. Upon acceptance by the Public Works/Finance Committee staff will schedule the Agreement to go to Council on August 6, 2007.

ACTION:  Approve Agreement.

G.     Quarterly Financial Report - Don Palmer

Financial report for the third quarter of fiscal year 2006-2007 (April 01, 2007 through June 30, 2007).

ACTION:  Accept report.

2.       Mayor's Appointments - Mayor Chaney

ACTION:  Approve appointment or take such other action deemed appropriate.

3.       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.

4.       Public Hearing - Fiscal Year 2008 Budget - Gary J. Riedner/Don Palmer

The budget workshop was held on July 16th, 2007 where the City Council heard the Mayor's proposed budget for fiscal year 2008.  The Mayor submitted a balanced proposed budget in the amount of $49,910,595.  After deliberation, City Council approved the Mayor's proposed budget at the July 16th, 2007 budget workshop, with net changes totaling $9,500.  The budget changes included a $9,500 increase for the animal control officer with resource funding provided by parking enforcement reserves in the capital projects fund.  Additionally, a $10,000 decrease to economic development and corresponding increase of $10,000 to Public Transit that is undesignated for the purpose of possible grants or other public transit purposes.  City staff is recommending a change in the Sanitation Fund of $100,000 for solid waste development.  These changes from the proposed budget total $109,500.  The 2008 fiscal year approved budget and recommended adopted budget will total $49,910,595.

ACTION:  Approve the rezone 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; or reject the Ordinance; or take such other action deemed appropriate.  Approve L-2 document.

5.       Public Hearing - Fee Resolution for FY 2008 - Don Palmer

Staff has prepared the proposed FY 2007-2008 fee resolution.  According to Idaho law, a public hearing must be held if individual fee increases exceed 5% of the previous year.  The FY 2008 budget reviewed during a budget workshop conducted on July 16 and adoption of the Council Approved Budget on August 6, 2007 is based on the proposed resolution.  Increased fees to certain utilities include:  water, sewer and sanitation utility fees. Other fee increases include Community Development fees for plat review, plan review and certificate of occupancy; engineering fees for various permit fees; Farmers' Market fees; Public Safety permits related to parking and parking fines; Parks and Recreation fees for those programs requiring background checks for instructors; Parks and Recreation's existing, new and special program fees as detailed on the attached resolution.  Some, not all, of the fees listed will increase by 5% or more from fees last collected.

ACTION:  Approve Resolution 2007-19; or reject the Resolution; or take such other action deemed appropriate.

6.       Appeal of a Variance at 849 Mabelle Street - Anne Clapperton

John O'Dowd and Elizabeth Fortunato applied for a Variance on May 22, 2007, requesting the allowance of a new 10 foot curb cut to their property at 849 Mabelle Street in addition to an existing 15 foot portion of curb cut that is shared with the adjacent property owner to the west.  Curb cuts are regulated by MCC 4-6-4 which specifies the maximum allowance for a residential curb cut is 20 feet and only one (1) curb cut is permitted per street frontage for each lot.  The Board of Adjustment heard the application on Tuesday, June 26, 2007 where the Variance request was approved with two (2) conditions.  An appeal of the Board of Adjustment's decision was filed on July 12, 2007 by Philip D. Tanimoto of 850 Mabelle Street.

ACTION:  After considering the record and the reasons for the appeal, the Council shall take one or more of the following actions:  sustain the Decision in whole or in part; reverse the Decision in whole or in part; and/or remand the Decision with comments and/or instructions for considering additional material information where a preponderance of the evidence shows there is new material information which was not available at the time of the final decision and that it is in the public interest to develop such information.

7.       Sidewalk Café Ordinance - Randy Fife

The attached draft Ordinance has been prepared in consideration of licensing businesses in the Central Business (CB) Zoning District to establish by ordinance the City's practice of allowing use of sidewalks adjacent to existing eating and/or drinking establishments for sidewalk cafés in the public rights-of-way, with certain limitations.  An alternate version of the Ordinance has been provided by staff for consideration.  Reviewed by the Administrative Committee on July 9, 2007 and Council on July 16, 2007.

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 consider the Ordinance on second reading; or reject the Ordinance; or take such other action deemed appropriate.

REPORTS:

Administrative Committee

            Public Works/Finance Committee

            Other Boards & Commissions

            Mayor

 EXECUTIVE SESSION -Pursuant to Idaho Code Section 67-2345(1) to discuss a legal matter.

Stephanie Kalasz

Moscow City Clerk

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