[Vision2020] Moscow City Council Agenda for 05-07-07

Fri May 4 10:57:12 PDT 2007

AGENDA

MOSCOW CITY COUNCIL

REGULAR MEETING

Monday, May 7, 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.

Proclamation - National Pet Week

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 April 9 and16, 2007 - Stephanie Kalasz

B.     Approval of Quarterly Financial Report for Period Ending March
31, 2007 - Don Palmer

C.     Moscow Urban Renewal Agency Annual Report - Gary J. Riedner

Moscow's Urban Renewal Agency is providing its Annual Report for fiscal
year 2006.  This report has been compiled in conformance with Idaho Code
Section 50-2006 in which an Urban Renewal Agency is required to file
with the local governing body each year, a report of its activities for
the preceding fiscal year. Due to an oversight, the annual report was
not submitted by March 31, 2007.  

ACTION:  Accept report.

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.       Public Hearing - Green Acres Preliminary Plat - Andrew Ackerman

The proposal is to plat 5.3 acres into 35 residential lots and five
additional tracts within a Planned Unit Development (PUD). Two of the
additional tracts will make up a mix of functional and landscaped open
space totaling approx. 20% of the site and the remaining three tracts
will make up the private internal streets, alley, and the stormwater
detention area. The property is located south of the terminus of Bristol
Road, off of White Avenue and within the Medium Density Residential
(R-3) Zoning District and has a minimum lot size of 7,000 sq. ft. for
duplexes and 6,000 sq. ft. for single family dwellings. The proposed
platted lots would not meet the minimum lot sizes for either the
proposed single family or the common-wall two family (townhouse) lots.
The density proposed (approx. 8.2 d.u./gross acre) is within the maximum
density contemplated by the comprehensive plan (max. of 9 d.u./acre in
the Low Density-LR-designated areas) and consistent with the density
limitation of 10 d.u./acre imposed by council at the rezone hearing for
the subject property The applicants have exercised use of the Planned
Unit Development option in the Zoning Code to achieve the proposed
layout and density of single family and townhouse lots accessed off of
private streets and situated around common green spaces.

ACTION:  Approve the preliminary plat subject to the conditions
recommended by Staff and Planning & Zoning Commission; or reject the
preliminary plat; or take such other action deemed appropriate.

5.       Public Hearing - Neighborhood Meeting Ordinance - Bill Belknap

On March 5th, the City Council Passed Resolution 2007-04 which defined a
neighborhood meeting process that if followed would allow multiple land
use applications to be processed concurrently, or bundled, as they had
in the past.  At that time, staff advised the Council that staff would
formulate the contents of the Resolution into Ordinance format so the
process could be incorporated within the City Code.  The proposed
Neighborhood Meeting Ordinance was considered by the Planning and Zoning
Commission at a public hearing on April 11th.  The Commission
recommended approval of the Ordinance with a few minor amendments.  The
Commission's proposed amendments are shown in the attached legislative
version of the Ordinance.  

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.

6.       Public Hearing - 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.

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.

7.       Public Hearing - Eighth Street Alley Vacation - Les MacDonald

An application received by the City proposes the vacation of a section
of undeveloped alley right-of-way located south of Eighth Street between
Jackson Street and Main Street.  This section of alley is a remnant from
the original platting of Deakins' Second Addition Block 3 as shown on
the attached map.  The applicant represents the owner of the property
that surrounds the alley right-of-way.  This property is in the process
of redevelopment and the owner would like to be able to utilize this
portion of right-of-way for the development as it currently provides no
service to the public or the adjacent property.  The Franchise utilities
and the City Utility Departments indicate that they either have no
utilities within the alley or have no need to retain right-of-way for
utilities as their access will be via separate utility easements.

      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.

8.       5309 DOT Application for Bus and Bus Facilities Discretionary
Program Grants - Alisa Stone

On April 23, 2007, the Community Transportation Association of Idaho
(CTAI) announced that the FY 2007 Transportation Appropriations bills in
last year's session of Congress that was not funded have been placed in
a "Continuing Resolution," effectively negating all "earmarked" funds
for FY07, and leaving the Federal Transit Administration (FTA) with the
responsibility to distribute Section 5309 discretionary dollars.  This
grant application is due to ITD by May 11, 2007.  The City submitted the
same CTAI application for FY 2008 as FY 2007 which was not appropriated.
ITD has recommended that we resubmit that same project again under this
one-time discretionary Section 5309 allocation which had already
received Council approval in February of 2007.  The total project costs
are $275,000 to include $220,000 or 80% in 5309 funds and $55,000 for a
20% local city match for bus shelters and turnouts on Moscow's fixed
route service.  

ACTION:  Approve submittal of a Section 5309 Grant Application to ITD
for FTA approval as proposed or take such other action deemed
appropriate.

9.       Background Check Resolution - Dwight Curtis

Staff was directed by the City Council to redraft a resolution regarding
the proposed background check program for volunteers and staff working
with city run and or sponsored youth programs.  The primary issues from
the Council to re-address were regarding: 1) the appeal process; 2)
Adding Driving under the Influence (DUI); and 3) staff background
checks. There were some other minor language changes as well. City Staff
was removed from the language of the proposed resolution since they are
already dealt with through the City personnel policies. The attached
Resolution is in legislative format for the Council's convenience. 

ACTION:  Approve Resolution; or reject Resolution; or take such other
action deemed appropriate.

10.   Robinson Mobile Home Park Development Agreement - Randy
Fife/Andrew Ackerman

Robinson's Mobile Home Park (the Park) was recently purchased by Madee
LLC and Gyora and Nirit Peer. The property was surveyed and divided into
two separate parcels as part of the ownership transfer without receiving
City of Moscow approval. The new owners then made application for the
addition of ten (10) additional Mobile Home spaces in July 2006,
including a statement that the permits should be reviewed under an April
1980 Mobile Home Park permit and conditions of a related 1989
development agreement. Staff has since been working with the owners'
representative to produce an Agreement that would recognize some element
of the original Mobile Home Park approval for 221 mobile home spaces,
while insuring that any future development on the site is in conformance
with existing City Code.

ACTION:  Approve the Agreement; or reject the Agreement; or take such
other action deemed appropriate.

11.   Resolution Regarding Judicial Confirmation for the WWTP-Gary J.
Riedner/Les MacDonald/Don Palmer 

The City Public Works Department has worked for the past several years
on the design and construction of Phase 4 of the City of Moscow Waster
Treatment Plant. This Phase 4 is designed to reduce phosphorus levels in
the effluent in order to comply with the City's National Pollutant
Discharge Elimination System (NPDES) permit issued by the Environmental
Protection Agency (EPA) and complies with the requirements of the State
of Idaho Department of Environmental Quality (DEQ).   Previous City
Council presentations have been made relating to the approval of the
design and the authorization to proceed. Because of the necessity of
meeting compliance requirements, it is necessary to begin the financing
process at this time.  In order to obtain financing for the Phase 4
project, Article VIII, Section III of the Idaho Constitution requires
that any obligation which extends beyond a single budget year must be
either pursuant to voter approval or be determined to be an "ordinary
and necessary expense". A public hearing is required to be held prior to
proceeding to Idaho District Court for a determination that the Phase 4
improvements are "ordinary and necessary".  This process is the same
process followed by the City in obtaining authorization for issuance of
revenue bonds to finance the Phase 3 improvements to the wastewater
treatment plant several years ago.  Per Title 7, Chapter 13 of the Idaho
Code, the public hearing was held at least 14 days prior to adoption of
the Resolution.  The Resolution is now being considered for adoption.

      ACTION:  Approve Resolution; or reject Resolution; or take such
other action deemed appropriate.

12.   Proposed Resolution to Expand URA Board of Directors - Gary J.
Riedner

Idaho Code Section 50-2006(1) provides that a City Council has the
authority to appoint not less than three and up to nine Urban Renewal
Agency commissioners.  In 1995, when the Moscow Urban Renewal Agency was
empowered, the City Council approved Resolution 95-13, appointing three
commissioners to the URA Board.  Upon request of the URA in 2000, the
City Council approved Resolution 2000-17 which increased the membership
of the URA Board from three to five members.  The Moscow Urban Renewal
Agency Board believes that the work of the Agency will be enhanced and
more efficient if the City Council authorizes two (2) additional
positions on the Agency Board.  Attached is Moscow Urban Renewal Agency
Resolution 2007-2, which was approved by the Agency Commissioners on
April 24, 2007 recommending that the Moscow City Council expand the
Agency Board from its current 5 members to 7 members. In addition to the
expanded membership the Agency Board also requests that 4 of the
positions be designated at-large members, two of the positions be
designated as Moscow City Council members and one position be designated
as member of the Latah County Commission.  Staff has prepared a draft
Resolution for consideration by the City Council reflecting the
recommendations of the Moscow Urban Renewal Agency.

ACTION:  Approve Resolution; or reject Resolution; or take such other
action deemed appropriate.

13.   Comprehensive Plan Public Involvement Plan Presentation - Bill
Belknap

In preparation for the update of the City's Comprehensive Plan, staff
has been working with representatives of Kendig Keast Collaborative (the
consultant selected to assist with the project) to develop a Public
Involvement Plan that describes the meetings and other activities that
we will utilize to gather public input during the course of the project.
Staff has developed a Public Involvement Plan to communicate information
related to the project. 

ACTION:  Receive report and direct Staff as deemed appropriate; or take
such other action as deemed appropriate.

REPORTS:

            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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