[Vision2020] Moscow City Council Agenda for Monday

Fri Jun 1 12:17:39 PDT 2007

AGENDA

MOSCOW CITY COUNCIL

REGULAR MEETING

Monday, June 4, 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.       Approval of Minutes of May 21, 2007 - Stephanie Kalasz

2.       Mayor's Appointments - Mayor Chaney

ACTION:  Approve appointments 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.       Large Scale Retail Ordinance Amendments - Andrew Ackerman

In early 2006, Council requested the Planning and Zoning Commission
draft language to amend the existing Large Retail Establishment (LRE)
Ordinance to address issues related to building abandonment and overall
size.  The Planning and Zoning Commission held a public hearing on
February 28, 2007 in order to receive public testimony and discuss
recommended changes to the existing Ordinance.  At the hearing, the
Commission reviewed recommendations made by two citizen and Planning and
Zoning Commissioner lead subcommittees tasked with drafting language
relating to:  1) LRE's that go vacant or are abandoned for long periods
of time ("Dark Store" Committee); and 2) Setting limits on the overall
size (square footage) of individual LRE's ("Size Cap" Committee).  The
recommendations of the subcommittees are summarized in the staff memo
dated 2-23-07.  After taking a large amount of public testimony, the
Planning & Zoning Commission deliberated and approved a recommendation
for Council that the entirety of the "Dark Store" language be added to
the LRE ordinance as well as select items from the "Size Cap" Committee.
The Commission did not recommend imposing a size cap on the overall size
of retail establishments.  The Administrative Committee reviewed the
recommendation on March 19, 2007.  A public hearing was held at the
Council meeting on May 7, 2007 and the issue was tabled.  No further
public input will be considered.

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 first reading; or reject the
Ordinance; or take such other action deemed appropriate.

5.       Appeal of CUP Application at 525 S. Jackson Street - Anne
Clapperton

Gary and Linda Sather applied for a Conditional Use Permit (CUP) to
construct a drive-up window not associated with a financial institution
and preparing take-out food in the Central Business (CB) Zoning District
on January 19, 2007 in order to build and operate a Dutch Bros. Coffee
franchise.  Uses that are subject to a CUP in the CB Zone include MCC
4-5(D)(3): drive-up windows other than [drive-up windows associated with
financial institutions] and MCC 4-5(D)(5): establishments providing
prepared food primarily for take-out or delivery.  The application was
heard by the Board of Adjustment on February 22, 2007.  The Board
requested additional information and tabled the application.  The
application was subsequently heard on April 24, 2007 by the Board of
Adjustment.  The Board approved the application with the condition that
"the site plan, as submitted by Hodge and Associates, shall be
significantly followed especially in regard to proposed signage,
floodplain mitigation, storm water retention, curb cuts, and landscape
with regard given to the requirements of the Code as reviewed by staff."
The Relevant Criteria and Standards (reasoned statement) were signed on
April 26, 2007.  A joint appeal of the Board of Adjustment's decision
was filed on May 4, 2007 by appellants Philip S Cook, Jack R Porter, JD
Wulfhorst, Susan D Ross, Matthew Kitterman, Diane M Prorak, Alan R
Poplawsky, and David F Peckham.

ACTION:  After considering the record and the reasons for the appeal,
the Council shall take one or more of the following actions:  1.
Sustain the Decision in whole or in part; 2.  Reverse the Decision in
whole or in part; and/or 3.  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.

6.       Proposed Graffiti Ordinance - Dan Weaver

In response to a request by a citizen and the Administrative Committee,
Moscow Police Department is proposing an Ordinance designed to assist in
addressing the occurrence of graffiti in Moscow.  

      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 first reading; or
reject the Ordinance; or take such other action deemed appropriate.

REPORTS:

            Comprehensive Plan Project Update Report - Bill Belknap

Moscow Urban Renewal Agency Report - Gary J. Riedner

Administrative Committee

            Public Works/Finance Committee

            Other Boards & Commissions

            Mayor

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

Stephanie Kalasz

Moscow City Clerk

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