Moscow City Council

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Regular Meeting


Laurie M. Hopkins

City Clerk



January 22, 2019

6:00 PM

Council Chambers

206 E. Third St.

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 during the public comment item on the agenda. 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. Please note that Moscow City Council meetings are televised, videotaped and/or recorded.  Thank you for your interest in City government.


Pledge of Allegiance


Consent Agenda (ACTION ITEM)


Approval of Moscow City Council December 17, 2018 Minutes – Laurie M. Hopkins


Approval of Moscow City Council January 7, 2019 Minutes – Laurie M. Hopkins


Disbursement Report for December 2018 - Sarah Banks

Staff will present the Accounts Payable Report for the month ending December 2018.  This was reviewed, signed and recommended for approval by the Public Works/Finance Committee on January 14, 2019.

ACTION:  Approve the Disbursements Report for the month of December 2018.


First Quarter Financial Report (10/1/2018 - 12/31/2018) for FY2019 - Sarah Banks

Staff will present the financial report for the first quarter of fiscal year 2019 (10/1/2018 - 12/31/2018).  This was reviewed and recommended for approval by the Public Works/Finance Committee on January 14, 2019.

ACTION:  Approve the report.


Request to Dispose of Surplus SCBA and Extrication Equipment - Brian Nickerson

The Moscow Fire Department purchased 40 new self-contained breathing apparatus (SCBA) in FY2018. This purchase included 8 SCBAs which were funded through FEMA grant. The new SCBAs replaced 32 units which were nearing mandatory replacement, but still had useful life. During the FY2018 budget process, it was determined that the City would surplus and try to sell the 32 replaced SCBAs. 16 SCBAs have been sold, leaving a balance of 16 yet to sell. Four of the SCBAs will be transferred to the Water Department, to replace obsolete equipment. The Fire Department has also been contacted by Big Canyon Fire District, located in Peck, Idaho. Big Canyon Fire District has no SCBA equipment and have a limited budget. Big Canyon Fire District has asked the City to consider donating 12 SCBAs to their District. 

In addition, the Fire Department recently replaced their outdated hydraulic extrication equipment with state-of-the-art electric equipment. The vendor of the new equipment would not take the outdated hydraulic extrication equipment on trade, indicating that it had no resale value. Big Canyon Fire District has no extrication equipment, and would like to utilize the surplus hydraulic extrication equipment.  This was reviewed by Administrative Committee on January 14, 2019 and recommended for approval.

ACTION:  Authorize transfer of 12 SCBAs and hydraulic extrication equipment to Big Canyon Fire District without compensation.


710 Pullman Road & 805 West a Street Lot Line Adjustment - Leah Carlson

The applicant, Whipple Consulting Engineers, is proposing a lot line adjustment between two parcels located at 710 Pullman Road and 805 West A Street. The owner is proposing to reduce the parcel addressed 710 Pullman Road from 41,208 square feet to 34,415 square feet and expand the parcel addressed 805 West A Street from 21,506 square feet to 28,303 square feet. This proposal follows a lot division that was approved on April 2, 2018 for the same property, which split the original 62,714 square foot parcel into two parcels of 21,506 square feet and 41,208 square feet in size. The applicant is now requesting a lot line adjustment to better accommodate for the proposed buildings. Both subject properties are located within the Motor Business (MB) Zoning District, where no minimum lot size or lot width exist.  This was reviewed and recommended for approval by the Public Works/Finance Committee on January 14, 2019.

ACTION:  Approve the lot line adjustment request with no conditions.


Local Highway Safety Improvement Program (LSHIP) FY21 Grant Application - Alisa Anderson

The Highway Safety Improvement Program (HSIP) is a federally funded program aimed at reducing Fatal and Serious Injury crashes on the roadway systems. Local Highway Jurisdictions (LHJs) receive approximately $8.5 million of the state HSIP funds through the Local Highway Safety Improvement Program (LHSIP), a program administered through the Local Highway Technical Assistance Council (LHTAC).  LHJs, such as the City of Moscow, with a Fatal and/or Serious (Type A) crash from 2013 - 2017 are eligible for the program. This federally funded program requires a local match not to exceed 7.34%.

In review and analysis of the citywide crash and accident data for 2013 - 2017, staff has identified a project located on Public Avenue designed to address the high rate of injury crashes and a fatality in this corridor.  The project will provide systemic improvements on Public Avenue to extend 2,200 feet from Polk Street to Orchard Avenue. This proposed project will include widening of both lanes from approximately 12 feet with minimal shoulder and adjacent ditch to a full road cross section that includes a 17 foot travel lane (12 feet vehicle and 5 foot bicycle), 5 foot green strip, and 5 foot sidewalk. The project will include the installation of a storm sewer pipe to underground drainage areas that are currently located in roadside ditches, wider asphalt lanes, curb and gutter, green strip, and sidewalk. Additional work may include minor utility adjustments and retaining wall installation where necessary.  Total project costs are estimated not exceed to $1,850,000 requesting $1,714,000 in federal funding with a local match of 7.34% not to exceed $136,000.  The grant application deadline was Thursday, January 17, 2019. The item was reviewed by the Public Works/Finance Committee on January 14, 2019 and the application was approved for submittal. Staff will seek ratification by the City Council at the January 22, 2019 City Council meeting.
ACTION: Ratify submittal of the grant request for the Local Highway Safety Improvement Program (LHSIP) FY21 Application for the Public Avenue Safety Improvement Project with total project costs estimated not exceed to $1,850,000, federal funding request of $1,714,000 with a local match of 7.34% not to exceed $136,000.  


Waiver for Karma Indian Cuisine Beer and Wine License - Gary J. Riedner

Idaho Code 23-913 prohibits the retail sale of alcohol within 300 feet of a public school or church except with the approval of the governing body of the municipality.  Karma Indian Cuisine would like a waiver from the City to obtain a beer and wine license.  A letter of support has been obtained from Real Life, which is the church within 300 feet of the restaurant.  The location is within the Eastside Marketplace and has historically been a restaurant with beer and/or wine licenses.

ACTION:  Approve the waiver allowing alcohol within 300 feet of a church.


Staff Recognition Report - Gary J. Riedner


Mayors Appointments (ACTION ITEM)


Public Comment and Mayor's Response Period (limit 15 minutes)


City of Moscow Self-Funded Insurance Application & Agreements (ACTION ITEM) - Gary J. Riedner

On May 21, 2018, City Council unanimously directed staff to proceed with the development of a self-funded city employee health insurance proposal for City Council consideration.  Staff has worked with long-time benefits consultant The Murray Group (formerly Helbling Benefits) as directed by Council to develop a self-funded health insurance proposal to be submitted to the State of Idaho Department of Insurance (DOI) for consideration.  Information was gathered for that application as well as the required Actuarial Study that was completed by Milliman Consulting.  That study confirmed that the City’s experience lends favorably to self-funding.

An initial application was developed and submitted for review on December 11, 2018 with feedback provided by the DOI on December 28, 2018.  On January 14, 2019, additional feedback from the DOI has been coordinated by The Murray Group to provide additional information required for the application to be considered.  The DOI is requesting finalized agreements that will be required of the City of Moscow Employee Benefits Trust (Trust), the entity that will manage the benefits plan on behalf of the employees.  DOI's approval of the City's application establishes the Trust as an entity.  

PROPOSED ACTIONS:  (1) Approve the implementation of a self-funded employee health benefits program, including the submission of an application to the Idaho Department of Insurance or take such other action deemed appropriate; and

(2) Approve the appointment of Jennifer Pfiffner, Assistant City Supervisor/Acting HR Director, Sarah Banks, Finance Director and (Brian) Scott Bontrager, Assistant City Engineer as employee representatives to serve as trustees of the City of Moscow Employee Benefits Trust, or take such other action as deemed appropriate; and

(3) Approve the proposed Service Agreement for Trust, Health Plan, and Benefit Administration Services Provided by the City of Moscow to the City of Moscow Employee Benefits Trust, or take such other action as deemed appropriate; and

(4) Approve the Business Associate Agreement between the City of Moscow and The Murray Group , or take such other action as deemed appropriate.


Proposed Adjustment for POST Academy Attendance (ACTION ITEM) - Gary J. Riedner

Recently it has come to the attention of City management that Moscow Police Officers attending POST academy are/were required to attend training activities which extended beyond 40 hours in a work week. The United States Department of Labor Fair Labor Standards Act (FLSA) requires that time worked by non-exempt employees in excess of 40 hours per week must be compensated at one and one-half times the employee’s hourly rate of pay. In the past, Moscow Police Officers attending POST were paid their regular hourly wage for 40 hours per week. Time in excess of 40 hours was not compensated, likely because attendance at POST was considered an “apprenticeship” as defined by the FLSA, and therefore not subject to the 40-hour regulation. After inquiry, a review of the program was conducted by the City Attorney, and it was concluded that the POST program does not meet the FLSA requirements for an apprenticeship. The accompanying memo from the City Supervisor outlines the proposed resolution to adjust affected police officers' pay to compensate them for the overtime incurred.

This was reviewed by Administrative Committee on January 14, 2019 and recommended for approval.

PROPOSED ACTIONS:  Adjust affected police officers' pay pursuant to the attached memo to compensate them for the overtime incurred while attending POST academy; or take such other action deemed appropriate.


Alcohol Resolution for City-Sponsored Events in City Hall (ACTION ITEM) - Jen Pfiffner

The Moscow Farmers Market has been an active sponsor of Love Your Farmer, Love Your Food and was the initiator of the original event in 2015. The event’s intention is to provide an opportunity for community members to engage with local producers and their regional food system during the Market’s off-season. The event has continued to be a collaborative partnership with other local food entities including Moscow Food Co-op, University of Idaho-Extension, Rural Roots, and the Palouse-Clearwater Food Coalition. The Moscow Farmers Market is interested in holding the event at City Hall in Council Chambers on Wednesday, February 20, 2019 from 6:00 to 8:00 p.m. and would like to feature a no-host bar from Moscow Brewing Company to accompany the light appetizers provided by the Moscow Food Co-op. Currently, the only City entity allowed to feature a no-host bar in City Hall is the Arts Department during Third Street Gallery art openings. The Moscow Farmers Market, as part of the Community Events Division would like to propose broadening the scope of Resolution No. 2010-04 to allow other City Departments to pursue having a no-host bar in City Hall and the Third Street Gallery. This flexibility would provide additional options for other events hosted at City Hall such as executive socials, Commission Fairs and the like.  This was reviewed and recommended for approval by the Administrative Committee on January 14, 2019.

PROPOSED ACTIONS:  Approve the proposed resolution, or take other such action deemed appropriate.


Stormwater Phase II Agreement with Aspect Consulting (ACTION ITEM) - Kyle Steele

In October 2016, the firm Cardno-GS (now Aspect Consulting) of Yakima, Washington was selected to assist the City of Moscow in the structuring and eventual implementation of a Storm Water Utility. Due to budget limitations at the time, the work to accomplish this goal was planned to be conducted in phases with two professional services agreements. The work under this agreement will accomplish the remaining tasks, toward formation of the utility, that were not completed under Phase I of the project. It will include the preparation of a storm water utility customer billing database, a final storm water management program budget and financial plan, development of a storm water user fee ordinance, and technical assistance with various public involvement meetings and workshops. The attached Task Order 2 for professional services in the amount of  $185,000 is for Aspect Consulting to perform this work. The cost of the Task Order exceeds the amount budgeted in the FY2019 budget for the project. Because of the impending approval of the EPA NPDES Storm Water Permit, staff is recommending that City Council approve the Task Order in order move the project forward. The additional funding will be reallocated from  the Sewer Fund's FY2019 Professional Services fund in accordance with the attached memo.  This was reviewed and recommended for approval by the Public Works/Finance Committee on January 14, 2019.

PROPOSED ACTIONS: Approve Task Order 2 for the professional services of Aspect Consulting in an amount not to exceed $185,000.


Proposed Lot Division at 334 Southview Avenue (ACTION ITEM) - Leah Carlson

Nils Peterson and the Moscow Affordable Housing Trust are requesting a lot division for a 9,247 square foot parcel of land located at 334 Southview Avenue in the City of Moscow. The owner proposes to establish three townhouse lots of approximately 3,258 sf, 2,591 sf, and 3,398 sf from the original parcel. The subject property is located within the Medium Density (R-3) Zoning District. The minimum lot size for a townhouse lot in the R-3 Zoning District is 2,000 sf and the minimum lot width is 20 feet. The three proposed lots are sufficiently sized to meet these requirements. Property owners within 600 feet of the subject property have been notified of the proposed division and notice of the public meeting was posted on site seven (7) days prior to the public meeting date. This was reviewed and recommended for approval by the Public Works/Finance Committee on January 14, 2019.

PROPOSED ACTIONS:  Approve the lot division request with no conditions.


Amendment to Comprehensive Sanitation System Master Plan Services Agreement (ACTION ITEM) - Tim Davis

The Sanitation Department procured the services of Great West Engineering, Boise, Idaho, for the development of a Comprehensive Sanitation System Master Plan (CSSMP) on February 26, 2018. The CSSMP process concluded with a City Council workshop presentation on October 28, 2018. One of the primary focuses of the CSSMP was the assessment of the condition and level of service provided at the existing Moscow Recycling Center (MRC). The evaluation was predicated on: 1.) potentially relocating MRC to a different location; 2.) relocating the baling/processing component of MRC to the Latah Sanitation, Inc. Solid Waste Processing Facility east of Moscow on highway 8; 3.) providing the City an opportunity to improve on services, safety and accessibility of MRC and yard waste facility. Based on the CSSMP and discussions at the City Council workshop, staff understood the direction to be to explore integrating prototypical conceptual facility designs developed by Great West Engineering to the existing MRC site. This will likely require relocation of the MRC baling/processing building. Staff has requested that Great West Engineering submit an amendment proposal to the CSSMP Agreement to perform preliminary design at the MRC for City Council consideration. The preliminary design will develop up to two schematic layout designs for the MRC and yard waste site for future City Council consideration of a preferred alternative. The project is estimated to take approximately four months to complete and the cost of the proposed amendment is $35,713. This was reviewed by the Administrative Committee on January 14, 2019 and forwarded to the full Council.

PROPOSED ACTIONS:  Approve the proposed Amendment to the Comprehensive Sanitation System Master Plan with Great West Engineering; or take other such action deemed appropriate.



City Council


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