[Vision2020] Moscow City Council Monday Agenda

[Stephanie Kalasz]

AGENDA

MOSCOW CITY COUNCIL


SPECIAL MEETING


Monday, April 20, 2009
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 may be placed on the time
allowed for comments.  Citizens wishing to comment on business that 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" in the door pocket 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 then lead the group in the Pledge of
Allegiance.  Contact a Council-member with examples to share at future
meetings. 

 

Proclamations for:  Earth Day; Administrative Professionals Day;
National Pet Week; and Moscow CommUNITY Walk

 

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 6, 2009 - Stephanie Kalasz

 

B.     Disbursement Report for March 2009- Don Palmer

The Public Works Finance Committee reviewed the accounts payable for
February 2009 and recommend approval of the following:

 

General

691,402.89 

Street

106,800.57 

Parks & Recreation

111,657.34 

1912 Center

7,916.67 

Arts

9,615.02 

Water Fund

126,480.27 

Sewer Fund

121,953.35 

Sanitation

208,497.92 

Fleet Mgmt Fund

252,231.35 

Information Systems

19,998.15 

Water Capital

21,738.00 

Sewer Capital Projects

370,263.37 

Capital Projects

26,225.69 

LID Construction

 

Hamilton P&R

 

Bonds & Interest 

 

TOTAL

2,074,780.59 

 

C.     Quarterly Financial Report - Don Palmer

 

ACTION:  Accept report.

 

D.     Renaissance Fair Stage Name Proposal - Dwight Curtis

The Moscow Renaissance Fair is requesting the City officially name the
stage located in East City Park, "The Peter Basoa Stage." This is in
recognition of all the years of effort Mr. Peter Basoa worked with the
Moscow Renaissance Fair, including construction of the stage in East
City Park. The stage was constructed and paid for by the Renaissance
Fair and donated to the City of Moscow.  If the new stage name is
approved by the City Council, organizers plan to dedicate the stage at
the 36th annual Renaissance Fair on the May 2 and 3rd of this year. An
approved plaque will be affixed to the stage facility at a later date.
The Parks and Recreation Commission reviewed this request and recommends
approval. Staff is supportive of this request.  Reviewed by the
Administrative Committee on April 13, 2009.

 

ACTION:  Approve naming the stage at East City Park "The Peter Basoa
Stage."

 

E.      Airport Fire Flow Agreement - Gary J. Riedner

The "Pullman-Moscow Regional Airport Interlocal Contribution Agreement
with the Port of Whitman County, a Municipal Corporation of the State of
Washington" needed to be amended to remove a sentence that was
objectionable to the Port of Whitman County Board.  The amended
Agreement is presented for the Mayor's signature and has been approved
by the City Attorney.  Additionally, the "Pullman-Moscow Regional
Agreement Relating to the Funding of the Airport Fire Flow Project" and
an "Addendum to Pullman-Moscow Regional Airport Agreement Relating to
the Funding of the Airport Fire Flow Project" needed to be amended due
to the withdrawal of the University of Idaho from the Pullman-Moscow
Regional Airport.  These two new agreements are also presented for the
Mayor's signature and have been approved by the City Attorney.  Reviewed
by the Public Works/Finance Committee on April 13, 2009.

 

ACTION:  Approve the Mayor's signature on the "Pullman-Moscow Regional
Airport Interlocal Contribution Agreement with the Port of Whitman
County, A Municipal Corporation of the State of Washington" and the
"Addendum to Pullman-Moscow Regional Airport Agreement Relating to the
Funding of the Airport Fire Flow Project" as amended.

 

F.      JAG - Police Department Grant - Alisa Stone/David Duke

This grant opportunity has been authorized under the American Recovery
and Reinvestment Act of 2009.  JAG funded projects are focused on
improving the effectiveness and efficiency of criminal justice systems,
processes, procedures.  Eligible applicants are limited to the units of
local government appearing on the Recovery Act JAG allocation list.  The
City of Moscow has been allocated $23,703, however; a grant application
must be submitted by May 18, 2009, in order to qualify.  The formula for
allocation is calculated by the Bureau of Justice Assistance (BJA) and
is based on each state's crime expenditures and also calculates direct
allocations for local governments in each state, based on their share of
the total violent crime reported within the State.  Local governments
entitled to at least $10,000 awards are invited to apply directly to BJA
for Local JAG Grants.  A unit of local government may use up to 10
percent of the award for costs associated with administering JAG funds.
The City of Moscow Police Department and the Grants Coordinator will
jointly act as the fiscal agent with oversight from the Finance Director
in meeting the required administrative responsibilities.  No local
matching funds are required.  Reviewed by the Administrative and Public
Works/Finance Committees on April 13, 2009.

 

ACTION:  Approve submittal of an application for a JAG Police Department
Grant.

 

G.     Resolution to Adopt "Red Flag Rule" Policy - Don Palmer/Gary J.
Riedner/Randy Fife

To help combat identity theft, Congress enacted sections 114 and 315 of
the Fair and Accurate Credit Transaction Act of 2003 (FACTA).  These
final rules and guidelines became effective January 1, 2008 with
mandatory compliance by November 1, 2008 (The FTC has extended
enforcement of the deadline to May 1, 2009).   This Resolution will
provide an identity theft prevention program consistent with the
national requirement and federal mandate.  Reviewed by the
Administrative Committee on April 13, 2009.

 

ACTION:  Approve Resolution 2009-09 adopting a "Red Flag Rule" Policy.

 

H.     CGI/NLC Video Agreement Proposal - Jen Pfiffner

CGI Communications, Inc. has entered into a partnership with the NLC US
Conference of Mayors to launch the technology that CGI has developed for
Streaming Video applications on the internet.  As a result of this
partnership, the City of Moscow has been presented with the opportunity
to receive a fully produced, no cost Community Video Showcase program
for the website.  The program would be customized for the City of Moscow
to show the best of what the City has to offer to residents, visitors
and business community.  Videos may also be used on PEG Channel 13 and
DVDs as needed.  The City retains all rights to the videos from date of
production.  Program costs are covered by sponsorships from local
businesses with no fiscal impact for the City.  The agreement requires a
three year commitment to posting the videos on the web.  Examples of
Cities using the program include www.cityoflewiston.org,
www.cityofeasley.com and www.cityofbradenton.com.  Included for
additional information is a CGI provided summary, agreement and letter
required for participation as well as the CGI's sponsorship policy.
Reviewed by the Administrative Committee on April 13, 2009.

 

ACTION:  Approve the Agreement with CGI Communications.

 

I.        N. Jackson Street Parking Lot Dumpsters - Les MacDonald/Don
Palmer

Staff was approached about the concept of reducing the number of trash
dumpsters located in the alley north of Third Street between Main Street
and Jackson Street.   Jon Kimberling of Kimberling Insurance has been
working with neighboring businesses about the concept of creating one
dumpster location in the North Jackson Street Parking Lot which would
serve most businesses that border the alley and front Main Street.  The
proposal includes the use of one public parking stall and the triangular
area next to it for an enclosed space to house one four yard trash
dumpster and a cardboard recycling dumpster.  Staff developed a
preliminary sketch of the proposed configuration which will be shown at
the Committee meeting.  Mr. Kimberling has worked with the LSI
representatives to ascertain that a four yard dumpster serviced four
times per week should provide the businesses sufficient capacity without
a significant change in the service rate.  Before the concept proposed
by Mr. Kimberling can advance, Staff recommended that the City Council
be approached about the concept and the proposed use of an existing
parking space for this purpose.  If the Council finds the concept
acceptable, Staff will continue to work with Mr. Kimberling to determine
the details of the proposal and potential costs involved.  Reviewed by
the Public Works/Finance Committee on April 13, 2009.

 

ACTION:  Direct Staff to proceed with development of the concept of
consolidating and locating dumpster.

 

J.       2009 Farmers' Market Promotion Program Grant - Alisa
Stone/Kathleen Burns

AMS has announced funding of approximately $5 million in competitive
grant funds for FY 2009 to increase domestic consumption of agricultural
commodities by expanding direct producer-to-consumer market
opportunities.  The maximum award is $100,000 and no matching funds are
required.  The Moscow Farmer's Market application will be geared toward
several of the eligible grant uses.  Grant applications are due April
27, 2009.  If awarded, funding would be available in October 2009.
Reviewed by the Public Works/Finance Committee on April 13, 2009.

 

ACTION:  Approve submitting a grant application for an AMS 2009 Farmers'
Market Promotion Grant.

 

2.       Mayor's Appointments - Mayor Chaney

 

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 License Denial from Just Like Home Daycare - Keli
Jones/Stephanie Kalasz/Randy Fife

Recently, Shelby Shoemaker and Karon Neville, on behalf of Just Like
Home Children's Center, filed an application for a daycare to be located
at 1630 S. Main Street (Creekside Apts.). Upon review of the daycare
application, it was determined by City staff that Just Like Home cannot
meet the requirements of Resolution No. 96-11 which states in part:
"Daycare facilities shall provide the required open space for outdoor
play areas which is derived by the maximum number of children times the
minimum of 100 square feet per child. The total area shall be contiguous
to the structure used and shall be so arranged as to provide a safe play
area that can be easily maintained and accessible to the children."
Because there was no contiguous outdoor play area shown as part of the
daycare application, the license was denied.  Pursuant to M.C.C.
9-10-15, Just Like Home appealed. City Council is empowered to direct
the City Clerk to issue a license that has been denied upon a finding of
"good cause" for the issuance of the license.

 

ACTION:  Consider merits of appeal and uphold the denial of the license
or find "good cause of the issuance of the license" and direct the City
Clerk to issue a daycare facilities license to Just Like Home, or take
such other action deemed appropriate.

 

5.       Public Hearing - Fee Resolution Regarding Public Records
Requests - Randy Fife/Stephanie Kalasz

It has been the practice of the City for many years now, per Idaho Code
Section 9-338(8)(a), to charge for labor when public records requests
involve more than one-hundred copies or where the request involves more
than two hours of staff time (including research and/or redacting
non-public information and attorney's review of such records for
compliance with the Idaho Public Records Act).  However, this fee has
been inadvertently left out of the Fee Resolution.  The fee allows
Moscow taxpayers to be reimbursed for staff time spent on large public
record requests.  This would amend the Fee Resolution to include the
labor fee involved with public records.  Reviewed by the Administrative
Committee on April 13, 2009.

 

ACTION:  After considering public testimony, approve the Resolution; or
reject the Resolution; or take such other action deemed appropriate.

 

6.       Report - Integrated Analysis of the Decision Making Process in
a "Mined" Groundwater Basin - Professor Barbara Cosens and students from
the University of Idaho

 

ACTION:  Accept report.

 

7.       Alcohol Request for Rendezvous in the Park - Dwight Curtis

In accordance with Moscow City Code 5-13-4(B), Rendezvous in the Park
has requested that the Council pass a Resolution allowing them to have a
beer garden catered by a licensed vendor in East City Park for
Rendezvous in the Park on July 16, 17, and 18, 2009, from 5:00 p.m. to
10:00 p.m.  There will be food vendors, live music, and other activities
at the event.  As was approved in 2008, the entire fenced off area will
be designated as the beer garden to allow families to be together to
watch the music festivities.  Reviewed by the Administrative Committee
on April 13, 2009.

 

      ACTION:  Approve the Resolution with or without changes; or reject
the Resolution; or take such other action deemed appropriate.

 

8.       EPA Smart Growth Grant - Gary J. Riedner/Alisa Stone

The Development, Community, and Environment Division (DCED) in the
Environmental Protection Agency's (EPA) Office of Policy, Economics and
Innovation is seeking applications from communities that want to develop
in ways that reflect the principles of smart growth to meet
environmental and other community goals.  The ten smart growth
principles are listed on the attached program announcement.  The SGIA
program will provide direct technical assistance to successful
applicants in the form of a multi-day visit from a team of experts
organized by EPA and other national partners to work with local leaders.
Upon the completion of the project, the community receives a final
report developed by EPA and its consultant team that includes a
compilation of the resources developed throughout the visit and options
for follow-up action.  Staff recommends submitting a proposal for this
technical assistance which will dovetail perfectly into the next logical
sequence of events in the redevelopment of the Legacy Crossing Urban
Renewal District and the preparation of a new Unified Development Code
to achieve the vision set forth in the updated Comprehensive Plan, the
Downtown Redevelopment Overlay District Design Guidelines and the
Economic Development Strategy Plan.  The City and MURA would like to
request assistance from the EPA Smart Growth Technical Assistance
Program to provide analysis and recommendations for land use and
development policies, regulations, and standards to integrate smart
growth principles within future development and achieve the vision set
forth in the City's updated Comprehensive Plan.  The proposed focus of
the project would be the 163 acre Legacy Crossing District and would
include both public participatory process and policy analysis and
recommendation.  It is anticipated this project would include the
assessment of current conditions, identification of development
constraints and opportunities, recommendation of appropriate land uses
and development standards and policies to be incorporated with the
City's Unified Development Code and to foster the economic growth within
the community.

 

ACTION:  Approve submittal of a proposal to participate in the 2009
Smart Growth Implementation Assistance (SGIA) program or take such other
action deemed appropriate.

 

9.       Councilmember Request for Legal Assistance in Public Records
Request - Gary J. Riedner

Recently, the City received public records requests desiring
information, including personal email communications of two (2)
Councilmembers.  Staff is working to respond to the City's part of the
request.  The requestor will be given access to appropriate records by
the City Clerk, who is consulting with the City Attorney on the matter.
Some email communications requested are not on the City's servers.  The
requestor seeks, among other things, records which may have been sent,
received and/or are stored on private email accounts by Councilmembers
Walter Steed and Wayne Krauss.  As outlined in the attached Memorandum,
the City Attorney has identified that a potential conflict may arise
from his representation of the City and representation of individual
Councilmembers.  As this issue has arisen only by virtue of their status
as elected City Councilmembers, the Council may find it appropriate to
authorize reimbursement for legal counsel, within any limits the City
Council imposes.  Reports were given to the Administrative Committee and
Public Works/Finance Committee on April 13, 2009.

 

ACTION:  Review request and after discussion, authorize reimbursement of
cost of legal counsel and set parameters on such authorization, identify
funding from Non-Prioritized Project line item in Legislative budget,
direct staff to draft appropriate documentation or take such other
action deemed appropriate.

 

10.   Set the Public Hearing for the FY2009-10 Budget - Gary J. Riedner

Per Idaho Code 63-802A, the City is required to notify the county clerk
by April 30, of the date, time and place of its budget hearing for the
upcoming fiscal year.  The date for the hearing is being set at this
time so the City Clerk can notify the County Clerk.

 

ACTION:  Set August 3, 2009 as the date for the FY2009-10 budget
hearing.

 

 

REPORTS:

            Administrative Committee

            Public Works/Finance Committee

            Other Boards & Commissions

            Mayor

 

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

 

 

 

 

 

 

 

Stephanie Kalasz, CMC

Moscow City Clerk

 

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