City Council Meeting

CITY OF NAMPA City Council Regular Meeting April 17, 2023 City Hall – 411 Third Street South Livestreaming at http://www.youtube.com/@cityofnampapublicmeetings Regular Council - 5:30 PM Public Hearings – 6:00 PM* Call to Order Invocation Pastor David Harris (retired) Pledge of Allegiance Roll Call Proposed Amendments to Agenda Adoption of Agenda (Action Item) (1) Consent Agenda (Action Items) All matters listed within the Consent Agenda are considered to be routine by the Council and will be enacted by one motion. There will be no separate discussion on these items unless a Councilmember so requests in which case the item will be removed from the Consent Agenda and placed on the Regular Agenda. 1-1. Minutes a. Regular Council Meeting - April 3, 2023 b. Planning & Zoning Commission - March 28, 2023 c. Airport Commission Meeting - March 13, 2023 d. Council on Aging - March 14, 2023 e. Council on Aging Special Meeting- March 24, 2023 1-2. The City Council dispenses with the three (3) reading rule of Idaho Code 50-902 for all ordinances 1-3. Authorize Public Hearings a. Consideration to update Title 5 of Nampa City Code to require business licensing for Massage Establishments and to establish fees for this license. To be considered by City Council on May 1, 2023 City Council Regular Meeting April 17, 2023 b. Consideration to amend Title 5, Chapter 12, Sections 16 and 17 of the Nampa City Code, adding an Alcohol Beverage Catering Permit requirement; adding language regarding the assessment points for an Alcohol Beverage Catering Permit; adding procedures for a hearing on license suspensions or revocations; adding new members to the Alcohol Review Committee; and add notice provisions to license holders. To be considered by City Council on May 1, 2023 c. Appeal of the Planning and Zoning Commission approval decision for the Conditional Use Permit for a Multiple Family Development in a BC (Community Business) Zoning District on 10 acres addressed as 11364 W Karcher Rd (Parcel #R3095100000 located in the SE 1/4 of Section 7, T3N, R2W, BM), and potential development agreement for the Karcher Ranch Residences development for Kelly Kitchens, representing Ron Platt (CUP- 00305-2023). Original Concept: Mixed Use Development with 1 commercial building and 192 residential dwelling units in 9 apartment buildings. To be considered by City Council on May 1, 2023. d. Conditional Use Permit for Reflections Edge Mini Storage in a BC (Community Business) zoning district on 3.7 acres addressed as 0 E Railroad St(parcel #R3239201400, located in the NE 1/4 of Section 36, T3N, R2W, BM) for Andrew Newell with Blaine Womer Civil Engineering representing Landmark Pacific Development, Inc (CUP-00309-2023). Original Concept: 379 unit public storage facility. To be considered by City Council on May 1, 2023. e. Confirming the assessment roll for Local Improvement District No. 167 for the installation of Sidewalk Improvements in Zone "E", constructed in 2019 and 2020. To be considered by City Council on June 5, 2023. 1-4. Authorization for Execution of Contracts and Agreements a. Action Item: Authorize Mayor to sign, (1) Agreement to Waive First Right of Refusal and Terminate Lease with Oldrock Companies Inc dated April 5, 2021, and (2) Nampa Municipal Airport Land Lease Agreement and Memorandum of Lease with Shoe Air, LLC, effective May 1, 2023, for Lot 2400 (Approved by Legal) b. Action Item: Authorize Mayor to sign the First Amendment to the Lease with Oldrock Companies Inc for Lot 2405 (Approved by Legal) c. Action Item: Authorize Mayor to sign, (1) Agreement to Waive First Right of Refusal and Terminate Lease with Oldrock Companies Inc. dated April 5, 2021, and (2) Nampa Municipal Airport Land Lease Agreement and Memorandum of Lease with ProCon Investments, LLC, effective April 7, 2023, for Lot 2410. (Approved by Legal) d. Action Item: Authorize Mayor to sign, (1) Agreement to Waive First Right of Refusal and Terminate Lease with Oldrock Companies Inc. dated April 5, 2021, and (2) Nampa Municipal Airport Land Lease Agreement and Memorandum of Lease with Tim Petsche, effective April 7, 2023, for Lot 2411. (Approved by Legal) Page 2 of 6 *Or as soon after 6:00 pm as each matter may be heard. City Council Regular Meeting April 17, 2023 e. Action Item: Authorize Mayor to sign, (1) Agreement to Waive First Right of Refusal and Terminate Lease with Oldrock Companies Inc. dated April 5, 2021, and (2) Nampa Municipal Airport Land Lease Agreement and Memorandum of Lease with Robert Webb and Charles Brown, effective April 7, 2023, for Lot 2412. (Approved by Legal) f. Action Item: Authorize Mayor to sign, (1) Agreement to Waive First Right of Refusal and Terminate Lease with Oldrock Companies Inc. dated April 5, 2021, and (2) Nampa Municipal Airport Land Lease Agreement and Memorandum of Lease with South Flight, LLC, effective April 7, 2023, for Lot 2413 (Approved by Legal) g. Action Item: Authorize Mayor to sign, (1) Agreement to Waive First Right of Refusal and Terminate Lease with Oldrock Companies Inc. dated April 5, 2021, and (2) Nampa Municipal Airport Land Lease Agreement and Memorandum of Lease with 43rd State Properties, LLC, effective April 7, 2023, for Lot 2414. (Approved by Legal) h. Action Item: Authorize Mayor to sign, (1) Agreement to Waive First Right of Refusal and Terminate Leases with Oldrock Companies Inc dated April 5, 2021, for lots 2415 and 2410-2415 Common Area and (2) Nampa Municipal Airport Land Lease Agreement and Memorandum of Lease with Aviator Supply KMAN, LLC, effective April 7, 2023, for Lot 2415, also including the common area. (Approved by Legal) i. Action Item: Authorize Mayor and Public Works Director to sign Task Order with J-U-B Engineering, Inc. to provide design and testing services for the Pump Maintenance FY24 project in the amount of $61,200 (T&M NTE). (Approved in FY23 Budget) j. Action Item: Award bid and authorize Mayor to sign contract with Consolidated Electrical Distributors, Inc in the amount of $176,681.20 for the Traffic Division Materials Restock for Fiscal Year 2023 (Approved in FY23 Budget) 1-5. Monthly Cash Report a. March 2023 1-6. Formal Findings a. Findings of Denial for the Zoning Map Amendment from BN (Neighborhood Business) to BC (Community Business) zoning district; and potential development agreement; for the Greenhurst Square project at 2310 12th Ave Rd (Parcel # R0931950200); totaling approximately 1.03 acres (located in the NW 1/4 of Section 3, T2N, R2W, BM) for Mason & Associates representing Mikes Place LLC (ZMA-00171-2022). Original Concept: Upzone to allow more uses, including a "Vape Shop." (2) Items Moved From Consent Agenda (Action Items) (3) Proclamations 3-1. None Page 3 of 6 *Or as soon after 6:00 pm as each matter may be heard. City Council Regular Meeting April 17, 2023 (4) Public Forum Nampa residents wishing to speak on an agenda (5 person limit) or non-agenda item (5 person limit); 3-minute limit per speaker. Comments related to Zoning and Land Use matters may only be made during properly noticed Public Hearings. • Mayor’s Teen Council: Introductions and Report on Trip to Washington D.C. • Non-Agenda Items • Agenda Items (5) Agency & Commission Reports 5-1. None (6) Staff Communications 6-1. Police Department Staff Communications - Chief Joe Huff 6-2. Inflation Reduction Act - Adam Mancini, City Forester 6-3. Public Works Staff Communications – Tom Points (7) New Business 7-1. Action Item: Request for Reconsideration of the Comprehensive Plan Map Amendment from Commercial to Industrial designation, Zoning Map Amendment from BC (Community Business) to IL (Light Industrial) zoning district, & potential Development Agreement at 1508 & 1510 W Karcher Rd. (parcel #s R2446800000 & R2446900000, located in the SE 1/4 of Section 8, T3N, R2W, BM) for Tyler Delay representing Doris Young (CMA-00055-2022 & ZMA-00170-2022). 7-2. Action Item: Ford Idaho Center - RV Spaces for Horse Park: a) Action Item: Authorize additional funding, as stated in packet. b) Action Item: Award bid, as stated in packet. c) Action Item: Authorize Mayor to sign construction agreement, as stated in packet. 7-3. Action Item: Authorize Mayor to sign letter of commitment directed to the U.S. Department of Commerce Economic Development Administration in reference to the Northside Boulevard Corridor Improvements, Karcher Road to Birch Lane, project application financial commitment in the amount of $3,928,435.33. (Approved by Legal) 7-4. Action Item: Award bid and authorize Mayor to sign contract with Quality Electric Inc for $3,466,654 for the Intelligent Transportation System Infrastructure project (Approved in FY23 Budget) 7-5. Action Item: 1st reading of ordinance and approval of publication of ordinance summary of the City of Nampa annexing a portion the Underlying Irrigation District into the Municipal Irrigation District of the City of Nampa. Page 4 of 6 *Or as soon after 6:00 pm as each matter may be heard. City Council Regular Meeting April 17, 2023 7-6. Action Item: Authorize the Mayor to sign an Encroachment Agreement for fences at the end of West Rana Drive and West Collina Vista Drive, with Stella's Point Subdivision Homeowners Association, Inc. (Exhibit B). 7-7. Action Item: Award bid and authorize Mayor to sign contract for the Idaho Center Boulevard and Cherry Lane Intersection Improvements Phase 2 project with Granite Excavation, Inc. in the amount of $3,305,227.30. 7-8. Action Item: Authorize an increased allocation of $35,083 of funding for right-of-way acquisition for the Midland Boulevard and Iowa Avenue Intersection Improvement project. (Approved in FY23 Budget) 7-9. Action Item: Approve the allocation of $95,000.00 in prior years CDBG funding to the Eastside and Lions Park basketball court improvements as recommended. 7-10. Action Item: Authorize staff to issue a notice of intent for a sole source procurement for Amiad filter systems and McCrometer, Ultramag meters, with an estimated cost of $248,000. (Approved in FY23 Budget) 7-11. Action Item: Discussion on revising the Board of Appraisers (8) Public Hearings 8-1. Action Item: Vacation of a 30' wide right-of-way easement that no longer serves a city or agency purpose, in order to build an accessory building on the property at 2634 Wagon Wheel Rd (parcel #R2754300000 located in the Lot 1, Block 4 of Valley Ranch Estates Subdivision in the NW 1/4 of Section 2, T2N, R2W, BM) for John Hess (VAC-00060-2023). 8-2. Action Item: Variance from NCC 10-11-4.E for minimum side and rear yard setbacks to vary the 5 foot setback requirement and allow a 3.4 foot setback for a structure and a 1.1 foot setback for a concrete block retaining wall located at 1805 Checola St (#R3215900000 in the SE 1/4 of Section 33, T3N, R2W, BM) for Tealeys Land Surveying representing Samuel Jorgenson (VAR-00140-2023). 8-3. Action Item: Variance to the lot size requirement in Nampa City Code Section 10-10-5.H to create a buildable lot for a house and shop in the RD (Two-Family Residential-Duplex) zoning district, on a .5 acre parcel at 0 E Sherman #R3183401300 and a .76 acre parcel at 0 E Sherman Ave #R3183400000 (located in the SW 1/4 of Section 26, T3N, R2W, BM) for Jerry Boyce (VAR-00141-2023). Original Concept: Allow for larger lot sizes to provide for septic systems when constructing a single-family residence and shop. 8-4. Action Item: Reconsideration of the Annexation and Zoning to BC (Community Business) zoning district for 4.69 acres addressed as 2522 & 2508 N Middleton Rd (Parcel #R244560040 & #R2445600600 located in the SW 1/4 of Section 8, T3N, R2W, BM), Conditional Use Permit for a Multiple Family Development in a BC (Community Business) Zoning District on 12.48 acres addressed as 2440 & 0 Karcher Rd, 2522 & 2508 N Middleton Rd (Parcel #R2445600700, #R24456007B1, #R244560040 & #R2445600600 located in the SW 1/4 of Section 8, T3N, R2W, BM), and potential development agreement for the Northwest Village development for Randy Haverfield, representing TV Holdings, LLC & Zion Ventures, LLC (ANN-00253-2022 & CUP-00295-2022). Original Concept: Mixed Use Development with 1 commercial building and 264 dwelling units in 11 apartment buildings. Page 5 of 6 *Or as soon after 6:00 pm as each matter may be heard. City Council Regular Meeting April 17, 2023 (9) Unfinished Business 9-1. Action Item: 1st reading of ordinance of Zoning Map Amendment from RS6 (Single Family Residential 6,000 sf) to RP (Residential Professional) zoning district; and potential development agreement, at 3 N Midland Blvd. - Parcel # R1613101000; (a .45 acre parcel located in the SE 1/4 of Section 20, T3N, R2W, BM) for Ronald J Pierce (ZMA 159-21). Original Concept: To allow the conversion of an existing home into a two story duplex with office space. (Approved by Legal) (10) Executive Sessions Action Item: Motion to Adjourn into Executive Session Pursuant to Idaho Code 74-206 (1)(c) and (f): (c) To acquire an interest in real property not owned by a public agency; (f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement; Adjournment Regular Council at 5:30 PM – Monday, May 01, 2023 - City Council Chambers • Individuals who require assistance to accommodate physical, vision, and/or hearing impairments, please contact the City Clerk’s Office at Nampa City Hall, (208) 468-5415. Requests should be made at least three (3) days prior to the meeting to allow time to arrange accommodations. Requests that require county interpreter services need to be made at least seven (7) business days prior to the meeting. • Any invocation that may be offered before the official start of the Council meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Council. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council and do not necessarily represent the religious beliefs or views of the Council in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to participate actively in the business of the Council. Copies of the policy governing invocations and setting forth the procedure to have a volunteer deliver an invocation are available upon written request submitted to the City Clerk Page 6 of 6 *Or as soon after 6:00 pm as each matter may be heard.