[Vision2020] Moscow City Council Agenda for Sept. 4, 2007

Thu Aug 30 15:30:24 PDT 2007

AGENDA

MOSCOW CITY COUNCIL

REGULAR MEETING

Tuesday, September 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.       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 20, 2007 - Stephanie Kalasz

B.     SH8 Spotswood to White Place State/Local Agreement and Resolution
- Les MacDonald

The Idaho Transportation Department (ITD) has programmed the
reconstruction of a portion of State Highway 8 between Spotswood Avenue
and White Place.  As part of that project, the City of Moscow has
negotiated with ITD to install concrete sidewalks along the north side
of the roadway.  In order for this work to be accomplished, it is
necessary for the City to enter into a State/Local Agreement outlining
the responsibilities of ITD and the City.  A copy of the proposed
Agreement is attached for reference.  Also attached is a Resolution
authorizing the Mayor to enter the City into the Agreement.  Reviewed by
the Public Works/Finance Committee on August 27, 2007.

ACTION:  Approve Agreement and Resolution 2007-

C.     Joseph Street Bridge State/Local Agreement and Resolution - Les
MacDonald

The Joseph Street Bridge project design has been approved.  A
State/Local Agreement and Resolution are required to obtain the
federal-aid participation and to move the project in to the bidding
phase.  The project is presently estimated to cost $552,000; the local
match at 7.34% = $40,500.  Construction management services will be
performed by the Idaho Transportation Department and are included in the
$552,000 project estimate.  Reviewed by the Public Works/Finance
Committee on August 27, 2007.

ACTION:  Approve Agreement and Resolution 2007-

D.     Wine Sales at Farmers' Market - Kathleen Burns

The purpose of this request is to obtain approval to allow local
wineries to sell bottles of wine at the Moscow Farmer's Market as
allowed by Idaho Code.  Vendors will have a state of Idaho winery
license and abide by proper rules and regulations and sign a hold
harmless and indemnification agreement before being allowed to sell in
the Market.  The Farmer's Market Advisory Board is in support of this
proposal.  Reviewed by the Administrative Committee on August 27, 2007.

ACTION:  Approve the sale of wine by Idaho licensed wineries at the
Farmers' Market.

E.      Request to make Contribution to Employee VEBA Program - Gary J.
Riedner

In FY2007, the City Council budgeted funds for implementation of a
citywide employee certification pay program. The program was for the
purpose of rewarding employees for obtaining certifications and
education benefitting the City above that required in their job
descriptions. Development of the program was delegated to the Employee
Advisory Committee to make a recommendation to Administration for
presentation to the Mayor and City Council for implementation.  Attached
is a memo from Patti McKinney, the Chair of the EAC, describing the work
of the Committee.  The EAC recommended that a certification pay program
not be implemented and that the funds be equally distributed to all
individual employee's Voluntary Employee Benefits Association (VEBA)
accounts.  The certification pay program was not funded in the FY2008
budget because of the recommendation of the EAC.

ACTION:  Approve distribution of certification pay program equally to
employee VEBA accounts.

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.       Appeal of the Zoning Board of Adjustment Denial of a
Conditional Use Permit for a Home Occupation at 611 E. First Street -
Andrew Ackerman

On June 26, 2007, the Board of Adjustment denied a request for
Conditional Use Permit to operate Image Studios as a Home Occupation per
the Zoning Code, Sec. 11-9.44.  The subject property is located in the
Medium Density Residential (R-3) Zoning District. Such Conditional Use
Permit has been appealed for Council consideration by the applicant and
property/business owner, Theresa Hanford.  The item was tabled by the
Council at the August 20, 2007 meeting pending receipt of the minutes of
the Board of Adjustment.

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, in whole or in part, to the Board with specific comments and/or
instructions for further consideration by the Board.  Any remand shall
be to hold 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.       Public Hearing - Proposed Zoning Code Amendment Related to the
Definition of Family; Creating the Definition of "Residential Rental
Unit"; and Amending Regulations Related to Boarding Houses, Bed and
Breakfast Inns and Residential Rental Units - Anne Clapperton/Randy Fife

The proposed Ordinance amends the definition of "family" found in the
current Moscow City Zoning Code.  Among other things, it reduces the
number of people who can live together as a single family unit from six
(6) to four (4); it defines with more precision what constitutes "living
together as a single family unit" and creates a category for people who
are living together as a single family unit but who are not married or
related to all others.  Additionally, the proposed Ordinance creates a
"residential rental unit" which allows five (5) or six (6) people to
live together as a single family unit upon the issuance of a Conditional
Use Permit in FR, SR, R-1, R-2, and R-3 and allows a residential rental
unit by right in AF, R-4, RO, NB, CB, GB and MB.  A residential unit is
not allowed in the RTO or I Zoning Districts. The attached draft
Ordinance has been prepared pursuant to direction given by City Council.
The Planning and Zoning Commission considered the matter on July 11,
2007.  Subsequent to the first Planning and Zoning consideration, a
public hearing was held on August 8, 2007 after which the Commission
recommended approval of the Ordinance.  Reviewed by the Administrative
Committee on August 27, 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.  

6.       Public Hearing - Parkland Dedication Code Amendment - Bill
Belknap 

The City's Subdivision Code currently includes a provision that requires
that parkland be dedicated as part of any subdivision of property for
development in order to service the needs of the 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 under
the current Code as to whether the City has the ability to specify which
option the City believes to be 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 (attached) that
would clarify that the City shall retain the right to determine whether
to accept a dedication of land or a fee in lieu of land for the
Commission's consideration.  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 Planning and Zoning Commission conducted a
public hearing on this matter at their July 25th meeting and recommended
approval of the proposed Ordinance.  Reviewed by the Administrative
Committee on July 9 and August 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.  

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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