[Vision2020] Moscow City Council Monday Agenda

Fri Nov 30 15:57:02 PST 2007

AGENDA

MOSCOW CITY COUNCIL

REGULAR MEETING

Monday, December 3, 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 November 19, 2007 - Laurie Lewis

B.     Airport Agreement Related to Fire Flow Project Funding - Don
Palmer/Randy Fife

The parties to the Pullman-Moscow Regional Airport Cooperation Agreement
wish to fund an Airport Fire Flow Project from 2009 through 2028.  The
project includes a reduced pressure principle detector backflow
prevention assembly (RPDA) with master water meter located in a vault at
the point of connection to the source pipe.  A transmission pipe will be
constructed along the airport frontage in order to supply the 3500 gpm
flow without excessive velocities and head loss.  An approximately
420,000 gallon low-profile steel reservoir will be constructed along the
north side of Airport Road.  The transmission main will be open cut and
patched across Airport Road.  The low-profile storage reservoir will be
designed to satisfy the Federal Aviation Administration primary surface
requirements.  The 3500 gpm fire pump assembly will be housed in a
simple building and will be equipped with a standby generator to provide
100 percent redundancy during a power outage.  Fire hydrants will be
constructed at approximately 300-foot spacing to provide fire flow
coverage throughout the site.  The purpose of the Agreement is to extend
funding for the Project.

ACTION:  Approve the Agreement.

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 for Linda Lane LID - Dean Weyen

The Resolution of Intent to Create an L.I.D. was approved by the Council
on November 05, 2007. Affected property owners have been notified of the
date of this public hearing as an opportunity to voice support or
opposition to the formation of a district that will cause the
construction of street improvements adjacent to their properties; and
will cause the costs of those improvements to be distributed among those
property owners. The cost of constructing plant mix pavement, concrete
curbs and sidewalk, and storm drainage on Linda Lane will be re-paid
over a ten year period. The 24-foot pavement width, sidewalk on one side
only and a less-than-standard cul-de-sac are design issues that were
presented to Public Works Committee on Jan. 22, 2007 and to the Council
on Feb. 05, 2007. The Council supported lesser design standards for this
proposed district. Based on that decision, a petition was circulated
among the effected property owners to gauge the amount of interest. Four
of the five non-resident property owners have signed the petition. This
represents 80% of the owners in support of the district. A 66% figure is
required for non-residents to initiate a district.

      ACTION:  After taking input at the public hearing; 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.       Heart of the Arts Update/Status Report and Major Tenant
Improvement Request - Jenny Sheneman

a.       Heart of the Arts, Inc. (HAI) took over operations/management
responsibilities of the 1912 Center on May 1, 2007. Staff and HAI
officials meet regularly to discuss issues, finances, and status. HAI
will report to the City Council annually on the progress of the
operation and renovation efforts. This particular report covers only
since May 1st in order to round out the calendar year.

b.       Heart of the Arts Inc. (HAI), operating as the operator of the
1912 Center in accordance with the existing maintenance and operations
agreement, has developed a proposal to conduct a major operator
improvement to finish out the first level west wing portion of the
facility for use as public meeting space and an arts classroom/workshop.
The estimated cost of the project is approximately $200,000 and funding
would include the existing available $100,000 Murdock grant funds,
$4,000 from an existing grant from the Idaho Community Foundation,
$10,000 from an existing grant from the Idaho Commission on the Arts,
and a commitment from HAI to fundraise the remaining $86,000 for the
remainder of the project.

ACTION:  Accept report and approve the improvement request; or deny the
request; or take such other action deemed appropriate.

6.       Appeal of Board of Adjustment Decision for 849 Mabelle Street -
Anne Clapperton

Property owners 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 and
approved the application with two conditions.  An appeal of the Board of
Adjustment's decision was filed on July 12, 2007 by Philip D. Tanimoto
of 850 Mabelle Street.  The appeal was considered by City Council on
August 6, 2007 and was remanded to further contemplate Criteria 1, 2 and
4 of the reasoned statement.  The Board of Adjustment again heard the
Variance on October 23, 2007 and approved the application with two (2)
conditions:  1) the proposed curb cut is not to exceed 10 feet in length
and 2) it is the applicant's responsibility to confer with the Public
Works Department to obtain any applicable permits and insure the curb
cut and related improvements to the public right-of-way are completed in
conformance with the City's street standards.  The Reasoned Statement of
Relevant Criteria and Standards was signed on October 24, 2007.  An
appeal of the Board of Adjustment's decision was filed on November 5,
2007 by Philip D. Tanimoto of 850 Mabelle Street.

      ACTION:  After considering the record and the reasons for the
appeal:  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.       Request to Expand Human Rights Commission - Dan Weaver

The Human Rights Commission has recommended increasing their membership
from the current five (5) to seven (7) members to a larger group of nine
(9) to eleven (11) members.  They are seeking more contribution and
representation from college students associated with the University of
Idaho along with students currently attending the Moscow High School.
This change would require amending Moscow City Code Title 3, Chapter 12,
Section 2A.  Reviewed by the Administrative Committee on November 26,
2007.

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

8.       Proposed Tree Commission Ordinance Amendment - Roger Blanchard

A recent review of the Moscow Tree Commission ordinance by the Moscow
Tree Commission and staff revealed certain inconsistencies in regard to
their duties and responsibilities and communications with other
commissions.  Commission members and staff worked with the City Attorney
to make changes to the Ordinance that would clarify these
inconsistencies.  The proposed amendment has also been reviewed by Parks
and Recreation Department Administration and the Health and Environment
Commission.  Reviewed by the Administrative Committee on November 13,
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.

9.       Proposed Parkland Dedication Ordinance Changes - Bill Belknap

The City's Subdivision Code currently includes a provision requiring
that parkland be dedicated as part of any subdivision of property for
development in order to service the needs of future residents and
visitors of such developments.  The Code also provides for the
opportunity for the developer to pay a fee in lieu of the dedication of
land where the circumstances of the subject property or development
warrant. Over the last few years, there has been some confusion as to
whether the City has the ability to specify which option is in the
City's best interest, or whether the developer is able to make that
decision independent of the City.  Staff has prepared a draft Ordinance
for consideration which would clarify that the City retains the right to
determine whether to accept a dedication of land or a fee in lieu of
land.  One additional feature of the draft Ordinance is the addition of
a provision that would allow the City to accept a dedication of land and
improvements, thus allowing the developer the option of providing a
smaller but fully developed park at the City's discretion.  The City
Council conducted a public hearing on this matter on September 4th and
considered the proposed Ordinance on first reading with instruction for
staff to improve the language related to the payment in lieu of
dedication.  Staff has completed the revision and the resulting
amendments are shown in bold on the draft.  Reviewed by the
Administrative Committee on November 26, 2007.

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

10.   Bicycle Safe Passage Standards - Randy Fife

The Transportation Commission has considered ways to increase the safety
of bicyclists who use the highways for commuting and/or recreation.  The
current proposal approved by the Transportation Commission is to add
language to Idaho Code Section 49-632(1) in order to establish that a
vehicle overtaking a bicycle or other non-motorized vehicle should allow
for a clear space between the vehicle and bicyclist or other
non-motorized vehicle of at least three feet (3').  Representative Tom
Trail is willing to carry forward a to the State Legislature a proposal
based upon the City's recommendation and support.  Reviewed by the
Public Works/Finance Committee on November 26, 2007.

ACTION:  Approve the Resolution and language contained therein or give
staff further direction.

11.   Third Street Pedestrian Bridge - Linda Pall

ACTION:  To be determined.

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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