Agendas for Monday City meetings

[Chris Bainbridge <cbainbridge@ci.moscow.id.us>]

AGENDA
CITY OF MOSCOW
ADMINISTRATIVE COMMITTEE
Monday, July 1, 2002
4:00 p.m.
CITY HALL COUNCIL CHAMBERS
206 East 3rd Street, Second Floor

1.	Approval of Minutes of June 24, 2002 - Chris Bainbridge/Stephanie
Kalasz

2.	 Proposed Public Indecency Ordinance Revisions - Gary J.
Riedner/Randy Fife
	A challenge to Moscow City Code Section 10-1-16 in the fall of 1998
resulted in a judicial determination that the City Public Indecency
Ordinance as, in part, unconstitutionally vague.  The City has operated
under its current Public Indecency Ordinance and the State Public Indecent
Exposure Statute (Idaho Code  18-4116) since that time.  Because of recent
events, the current proposal is submitted to City Council.  This Ordinance
would require that mature females who are not in the act of breastfeeding,
cover a portion of their breasts.  
							Council Agenda Item
#6
	ACTION:  Recommend considering ordinance on first reading; or
recommend approving Ordinance under suspension of the rules requiring three
complete and separate readings and that it be read by title only, and
authorize the Mayor's signature thereon; or take such other action deemed
appropriate.

REPORTS:  
Salary Survey Update - Gary J. Riedner
Water and Sewer Rate Discussion - Mark Cook
 ======================================================================
AGENDA
CITY OF MOSCOW
PUBLIC WORKS/FINANCE COMMITTEE
Monday, July 01, 2002
5:00 p.m.
CITY HALL COUNCIL CHAMBERS
East 3rd Street, 2nd Floor

1.	Approval of Minutes of June 24, 2002 - Stephanie Kalasz

2.    Accounts Payable for May, 2002 - Don Palmer

3.    Bid Opening, C Street, Almon to Jackson - Dean Weyen
	This project consists of the construction of "C" Street from Almon
to Jackson and is the first phase of the Recycling Center expansion.  Two
bids were received at the June 26 bid opening:  Poe Asphalt Paving with a
low bid of $52,643.57; and Steelman-Duff with a bid of $71,884.00.  The
Engineer's estimate was $70,000.  There is $350,000 budgeted this year for
Recycling Center Improvements.  
				Council Consent Agenda Item #1F
     ACTION:  Recommend acceptance of low bid from Poe Asphalt in the amount
of $52,643.57 and authorize the Mayor's  signature on the contract; or take
such other action deemed appropriate.

4.   Super 8 Motel Lot Division - Joel Plaskon
	The Super 8 Motel desires approval to split off the northwest corner
of their property in the Motor  Business Zoning District.  The proposal
meets Zoning Code requirements. 
				Council Consent Agenda Item #1G 
	ACTION:  Recommend approval of the lot division as requested without
conditions; or take such other action deemed appropriate.

5.    Schmidt/7th Day Adventist Church Lot Line Adjustment - Joel Plaskon
	Dan Schmidt and the 7th Day Adventist Church own adjoining
properties at 267 Circle Drive and 1015 "C" Street respectively, and request
approval for a seven-foot lot line adjustment.  The properties are located
in the R-3 Zoning District and the proposal is compliant with the R-3 Zoning
District requirements.  
				Council Consent Agenda Item #1H 
	ACTION:  Recommend approval of the lot line adjustment without
conditions; or take such other  action deemed appropriate.

6.   Ficca Lot Line Adjustment - Joel Plaskon
	John Ficca owns three lots at the southeast corner of "D" and Adams
Street.  They are platted as being 50' by 125' and located in the R-3 Zoning
District, which has a 60'-wide minimum lot width requirement.  Therefore,
the existing lots are non-conforming lots of record.  The applicant proposes
to move the southerly lot lines of lots one and two to the south by 10'
each, which would result in the two lots being 60' wide and 7,500 square
feet each.  Lot one has a duplex; lot two is vacant; lot three contains a
portion of a six-unit apartment building.  The R-3 district requires a 6,000
square foot minimum for a single-family dwelling and a 7,000 square foot
minimum lot size for a duplex.  Therefore, lot one would become a conforming
lot, lot two would become eligible to house a new duplex.  The proposal
would also place the southerly most lot line of lot two through an existing
detached garage on lot three.  Staff recommends approval conditioned upon
the removal of the existing garage, or relocation of said garage such that
it would meet the five-foot minimum setback requirement from said lot line.

					Council Agenda Item #5 
	ACTION:  Recommend approval of the lot line adjustment conditioned
upon either the removal of the existing garage or the relocation of the
garage such that it would meet the five foot minimum setback requirement
from said lot line; or take such other action deemed appropriate.

7.   Stubbs Lot Division - Joel Plaskon
		THIS ITEM HAS BEEN REMOVED FROM THE AGENDA

REPORTS:
Salary Survey Update - Gary J. Riedner
Water and Sewer Rate Discussion - Mark Cook
============================================================

AGENDA
MOSCOW CITY COUNCIL
REGULAR MEETING 
Monday, July 1, 2002
7:30 p.m.
City Hall Council Chambers
 206 East Third Street, Second Floor

PLEDGE OF ALLEGIANCE

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 June 3, 2002 - Chris
Bainbridge

B.	Approval of Accounts Payable for May, 2002 - Don Palmer
				Public Works/Finance Committee reviewed
accounts payable for the month of May 2002 and recommends approval of the
following:

General	460,668.95	
Parks & Recreation	100,179.08	
1912 Center	20,511.59	
Arts	7,323.32	
Street	61,404.24	
911	11,060.02	
Bond & Interest	166.00	
Water & Sewer	288,405.91	
Sanitation	188,330.75	
Parking	4,407.35	
TOTALS	1,142,457.21	

                C.      Wayne Robinson Development Agreements - Dean Weyen
				Wayne Robinson is proposing to develop
property on North Almon.  Public improvements are required in order to allow
a building permit on the lot; a proposed Development Agreement is attached.
This same property also has an existing City watermain across its buildable
area that must be moved to accommodate the development.  It is the City's
responsibility to move the main as evidenced in the old railroad license
agreement which originally allowed the City to construct the main.  Robinson
is proposing to sell the City an easement for the purpose of relocating the
water line to another part of his property.  The second agreement sets forth
the conditions of this proposed water main move.  Reviewed by Public
Works/Finance Committee June 24, 2002.

				ACTION:  Approve both agreements and
authorize the Mayor's signature thereon.

              D. 	Agreement for City Administrative Services to Urban
Renewal Agency  - Gary J. Riedner
				An Administrative Services Agreement with
the URA was approved December 13, 2000 and signed January 18, 2001 with the
stipulation that the City would not be compensated for the next twelve
months in order to assist the URA, but that the agreement would be
negotiated thereafter. The URA held a meeting June 4, 2002 at which time
fees were negotiated and determined that $5,000 would be assessed for the
current year.  Reviewed by Administrative Committee June 24, 2002.

				ACTION:  Approve Agreement and authorize
Mayor's signature thereon..

	E. 	Contract for Design Services for First Floor of City Hall  -
Roger Blanchard	
				The City has received a proposal from Full
Circle Studios of Moscow to provide architectural services for the remodel
of the first floor of City Hall.  The proposal includes a scope of services,
a fee proposal, and a proposed timeline for completing the design.  The
terms of the proposal have been incorporated into an agreement for
professional services that has been prepared for the Mayor's signature.
Reviewed by Administrative Committee June 24, 2002.

				ACTION:  Approve agreement and authorize the
Mayor's signature thereon.

	F.          Bid Opening, C Street, Almon to Jackson - Dean Weyen
				This project consists of the construction of
"C" Street from Almon to Jackson and is the first phase of the Recycling
Center expansion.  Two bids were received at the June 26 bid opening:  Poe
Asphalt Paving with a low bid of $52,643.57; and Steelman-Duff with a bid of
$71,884.00.  The Engineer's estimate was $70,000.  There is $350,000
budgeted this year for Recycling Center Improvements.  Reviewed by Public
Works/Finance Committee July 1, 2002.

				ACTION:  Accept low bid from Poe Asphalt in
the amount of $52,643.57 and authorize the Mayor's signature on the
contract.

	G. 	Super 8 Motel Lot Division - Joel Plaskon
				The Super 8 Motel desires approval to split
off the northwest corner of their property in the Motor Business Zoning
District.  The proposal meets Zoning Code requirements.  Reviewed by Public
Works/Finance Committee July 1, 2002.

				ACTION:  Approve lot division as requested
without conditions.

	H. 	Schmidt/7th Day Adventist Church Lot Line Adjustment - Joel
Plaskon
				Dan Schmidt and the 7th Day Adventist Church
own adjoining properties at 267 Circle Drive and 1015 "C" Street
respectively, and request approval for a seven-foot lot line adjustment.
The properties are located in the R-3 Zoning District and the proposal is
compliant with the R-3 Zoning District requirements.  Reviewed by Public
Works/Finance July 1, 2002.

				ACTION:  Approve the lot line adjustment
without conditions.

	I. 	Mahler Lot Division - Joel Plaskon
				The applicant owns an approximately 1.25
acre parcel of land on the west side of North Polk extension in the Moscow
area of City Impact.  The applicant proposes dividing the property such that
each dwelling unit would be located on its own legal building lot.  The lot
division proposal as shown meets code requirements.  Reviewed by
Administrative Committee June 24, 2002.

				ACTION:  Approve lot division with the
conditions stated in the attached Staff Report.

2. 	Stubbs Lot Division - Joel Plaskon
		  ITEM REMOVED FROM THE AGENDA

3.	Reconsideration of Council Decision on Appeal and of Reasoned
Statement, 1297 O'Donnell Road - Randy Fife
		In order to avoid a possible procedural error related to
consideration of the appeal, it is recommended that the Council withdraw the
decision rendered on appeal and the accompanying Reasoned Statement in
connection with the Appeal of the Denial of the Applicant Utzman Development
Company, LLC's Conditional Use Permit (CUP) application for property known
as 1297 O'Donnell Road, approved at the Council Meeting of May 6, 2002, and
signed by the Mayor May 21, 2002.

		ACTION:  Reconsider to withdraw or affirm council decision
on appeal of denial of applicant's CUP, or take such other action deemed
appropriate.

4.         Appeal of Conditional Use Permit Application Denial for Property
Known as 1297 
            O'Donnell Road - Joel Plaskon 
		On November 27, 2001, the Board of Adjustment held a public
hearing and subsequently denied a Conditional Use Permit application by
Utzman Development Company, LLC to establish a "rural business" in the
Agriculture/Forestry (AF) Zoning District at 1297 O'Donnell Road in the
Moscow Area of City Impact.  On May 6, 2002 the City Council overturned the
Board's decision on appeal and approved the application with conditions.
Subsequently, some opponents of the application notified the City of their
concern that they were not given proper notice of consideration of the
appeal.  As a result, staff has given them notice and brought this matter
back to Council.  Council's consideration of this appeal shall be in the
form of a public hearing and must be based upon the existing record on file.

		ACTION:  Sustain or reverse the decision of the Board of
Adjustment, or remand the matter back to the Board with direction for
reconsideration based upon the existing record and without an additional
public hearing.

5           Ficca Lot Line Adjustment - Joel Plaskon
		John Ficca owns three lots at the southeast corner of "D"
and Adams Street.  They are platted as being 50' by 125' and located in the
R-3 Zoning District, which has a 60'-wide minimum lot width requirement.
Therefore, the existing lots are non-conforming lots of record.  The
applicant proposes to move the southerly lot lines of lots one and two to
the south by 10' each, which would result in the two lots being 60' wide and
7,500 square feet each.  Lot one has a duplex; lot two is vacant; lot three
contains a portion of a six-unit apartment building.  The R-3 district
requires a 6,000 square foot minimum for a single-family dwelling and a
7,000 square foot minimum lot size for a duplex.  Therefore, lot one would
become a conforming lot, lot two would become eligible to house a new
duplex.  The proposal would also place the southerly most lot line of lot
two through an existing detached garage on lot three.  Staff recommends
approval conditioned upon the removal of the existing garage, or relocation
of said garage such that it would meet the five-foot minimum  setback
requirement from said lot line.  Reviewed by Public Works/Finance Committee
July 1, 2002.

		ACTION:  Deny the proposal; or approve the lot line
adjustment conditioned upon either the removal of the existing garage or the
relocation of the garage such that it would meet the five foot minimum
setback requirement from said lot line; or take such other action deemed
appropriate.

6. 	Proposed Public Indecency Ordinance Revisions - Gary J.
Riedner/Randy Fife
		A challenge to Moscow City Code Section 10-1-16 in the fall
of 1998 resulted in a judicial determination that the City Public Indecency
Ordinance as, in part, unconstitutionally vague.  The City has operated
under its current Public Indecency Ordinance and the State Public Indecent
Exposure Statute (Idaho Code  18-4116) since that time.  Because of recent
events, the current proposal is submitted to City Council.  This Ordinance
would require that mature females who are not in the act of breastfeeding,
cover a portion of their breasts.  Reviewed by Administrative Committee July
1, 2002.

		ACTION:  Consider ordinance on first reading; or approve
Ordinance under suspension of the rules requiring three complete and
separate readings and that it be read by title only, and authorize the
Mayor's signature thereon; or take such other action deemed appropriate.

7.	Adelphia Cabletelevision Franchise Extension  Request - Randy Fife
		The cable television franchise agreement Adelphia has with
the City of Moscow, Idaho and the City of Pullman, Washington will expire
June 30, 2002, at midnight.  Although negotiations and preparations for
franchise renewal have been occurring for some time, it is the opinion of
both city attorneys that an extension of the current franchise with all of
its conditions will facilitate the resolution of the matter.  Adelphia
representatives agree with the term and the conditions of the extension.
Reviewed by Administrative Committee and Public Works/Finance Committee June
24, 2002.

		ACTION:  Consider ordinance on first reading; or approve
ordinance under suspension of the rules requiring three complete and
separate readings, and that it be read by title only, and authorize the
Mayor's signature thereon; or take such other action as deemed appropriate.


MAYOR'S APPOINTMENTS

COMMITTEE REPORTS:
Mayor
Administrative Committee
Public Works/Finance Committee
Other Boards & Commissions

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