City Council Meeting

CITY OF NAMPA Regular Council Meeting September 19, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* Call to Order Invocation Ed Weaver – Karcher Nazarene Church Pledge to Flag Peter and Nathanael Lorenzen Roll Call Proposed Amendments to Agenda (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 or citizen so requests in which case the item will be removed from the Consent Agenda and placed on the Regular Agenda. 1-1. Minutes a. Special Joint Council Meeting – August 29, 2022 b. Planning & Zoning Commission – August 23, 2022 c. Bicycle & Pedestrian Advisory Committee – July 14, 2022 d. Arts and Historic Preservation Commission – July 11, 2022 e. Airport Commission – August 8, 2022 f. Nampa Council on Aging - August 9, 2022 1-2. The City Council dispenses with the three (3) reading rule of Idaho code § 50-902 for all ordinances 1-3. Plat Approvals a. Final • Subdivision Final Plat Approval for Salazar Point Subdivision; a 6.9 acre parcel #R3204401000 at 11496 Lake Lowell Ave. in the RS6 (Single-Family Residential) zoning district, located in the W 1/2 of the SE 1/4 of Section 30, T3N, R2W, BM; for Wendy Shrief representing Monica Salazar (SPF-00209-2022). Original concept: 19 single- family detached dwelling units, and 4 common lots. • Subdivision Final Plat Approval for Terrace Falls Subdivision No. 1; a 26.35 acre portion of parcel #R2886601100 in the RS8.5 zoning district at 0 E Locust Lane (located in the SE 1/4 of Section 6, T2N, R1W, BM) for Lennar Homes of Idaho (SPF-00210-2022). Original concept: 53 single-family detached dwelling units, and 13 common lots. Page 1 of 9 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting September 19, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* • Subdivision Final Plat Approval for Sugar Creek Townhomes Subdivision; a 7.68 acre portion of Parcel #'s R3188200000, R3188800000, & R3188701000 in the RD zoning district at 2205 3rd St N., 0 Sugar St, & 0 E Victory Rd (located in the NE 1/4 of the NW 1/4 of Section 26, T3N, R2W, BM) for Laura Bond/T-O Engineers representing Kyle Sales/Bunker Development LLC (SPF-00211-2022). Original concept: 88 residential dwelling units in 22 buildings, and 3 common lots. • Subdivision Final Plat Approval for Sweetwater Glen No. 3 Subdivision; a 8.98 acre portion of Parcel # R3437101000 in the RS7 zoning district at 0 Ustick Rd (located in the SW 1/4 of Section 34, T4N, R2W, BM) for Toll Southwest LLC representing DRP ID 1, LLC (SPF-00208-2022). Original concept: 27 single-family detached residential dwelling units, and 5 common lots. • Subdivision Final Plat Approval for Franklin Village North No. 3 Subdivision; a 5.53 acre portion of Parcel #R2093901000 in the RMH zoning district at 0 Cherry Ln (located in the SW 1/4 of Section 2, T3N, R2W, BM) for Franklin Village Development, LLC representing Donald K Brandt (SPF-00212-2022). Original concept: 68 residential dwelling units in 17 buildings, and 2 common lots. 1-4. Authorize Public Hearings a. Annexation and Zoning to RS6 (Single-Family Residential) zoning district, and potential development agreement, at 2200 Sunny Ridge Rd (a 0.76 acre Parcel #R3226300000) in order to connect existing single-family home to city sewer utilities; (located in SE ¼ of Section 34, T3N, R2W, BM, Canyon County), for Keith Jones representing Rellis Drussel (ANN-00250-2022). b. Annexation and Zoning to IL (Light Industrial) Business) zoning district and potential development agreement, for Nampa Logistics Center at 17293 Northside Blvd (Parcel #R3083600000) totaling 1.32 acres in the NE ¼ of Section 4, T3N, R2W, BM), for T-O Engineers representing Nampa Logistics Center LLC (ANN-00249-2022). Original Concept: Warehousing and distribution facility. c. Zoning Text Amendment request to change portions of Nampa City Code in Title 5, Chapter 2, Tree Service, Title 2, Chapter 8 Planning & Zoning Commission, and Title 10 Planning & Zoning, (ZTA-00027-2022). d. Variance to NCC 10-8-5.B requiring a minimum 20' setback from primary/front property line for any garage at 702 Smith Ave in a RS6 (Single-Family Residential) zoning district (a .70 acre parcel #R1615710200, located in the NW 1/4 of Section 21, T3N, R2W, BM) for Susan Schindler representing Piece O Cake Properties (VAR-00134-2022). 1-5. Authorize to Proceed with Bidding Process a. Authorize the Engineering Division to proceed with the formal bidding process for the Franklin Rd Widening Utility project. (Approved in FY22 Budget) Page 2 of 9 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting September 19, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* 1-6. Authorization for Execution of Contracts and Agreements a. Authorize Mayor to sign, (1) Agreement to Waive First Right of Refusal and Terminate Lease with Owyhee Air, LLC dated April 14, 2008, and (2) Nampa Municipal Airport Land Lease Agreement and Memorandum of Lease with Owyhee Air Research, LLC, effective October 1, 2022, for Lot 0150. (Approved by Legal) b. Authorize Mayor to sign, (1) Agreement to Waive First Right of Refusal and Terminate Lease with T-Craft Aero Club Inc. dated May 21, 2018, and (2) Nampa Municipal Airport Land Lease Agreement and Memorandum of Lease with Eisenman Aviation, LLC, effective September 19, 2022, for Lot 0260. (Approved by Legal) 1-7. Monthly Cash Report a. August 2022 1-8. Resolutions a. Authorize Mayor to sign a Resolution for the Reappointment of Lynn McConnell and Terrence Blom to the Nampa Housing Authority Board of Commissioners for a five-year term beginning October 1, 2022 and ending September 30, 2027. 1-9. Licenses for 2022 a. Alcohol Renewal • None b. Alcohol New • None 1-10. Miscellaneous items a. None 1-11. Approval of Agenda (2) 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. Page 3 of 9 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting September 19, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* (3) Proclamations 3-1. Constitution Week 3-2. Hispanic Heritage Month (4) Agency & Commission Reports 4-1. Nampa Development Corporation (5) Staff Communications 5-1. Public Works Staff Report (6) New Business 6-1. Action Item: Request for Reconsideration of the Annexation and Zoning to RD (Two-Family Duplex Residential) zoning district, development agreement, and Subdivision Preliminary Plat for Parker Estates Subdivision at 525 E Greenhurst Rd. (Parcel #R2016300000, a 2.90 acre parcel in NW ¼ of Section 3, T2N, R2W, BM), for Darin Taylor, Subdivision Maker LLC, representing Left Right Center LLC (ANN-00237-2022 & SPP-00106-2022). Original Concept: 20 townhouse units in 10 buildings, 8 single family detached homes, and 3 common lots, a gross density of 10.35. (Request for continuance to the October 3, 2022 meeting) 6-2. Action Item: Authorize adoption of the 2022 Nampa Pressure Irrigation Drought Response Plan. 6-3. Action Item: Authorize Mayor to sign the Memorandum of Understanding between the City of Nampa and Nampa Highway District No. 1 on general cooperation of planning and zoning, annexation, development and maintenance activities. (Approved by Legal) 6-4. Action Item: Engineering recommending denial of a request for waiver of subdivision improvements for the Cambridge Subdivision. 6-5. Action Item: Authorize drafting of an ordinance to amend Nampa Municipal Code Title 9, Chapter 3, Section 1 Roadway Improvements, to stipulate developers are responsible to complete all frontage improvements on collector roadways to ultimate buildout according to the Transportation Master Plan. 6-6. Action Item: Authorize Mayor to sign (1) Letter of Commitment for inclusion with the application, and (2) Authorize Public Works to submit a planning application to the Railroad Crossing Elimination Program. (Approved by Legal) Page 4 of 9 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting September 19, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* 6-7. Action Item: Authorize the Chief Information Officer to sign the 3-year Microsoft contract to renew annual Microsoft licensing for City of Nampa employees (Approved in FY23 Budget) 6-8. Action Item: Authorize Chief Information Officer to sign a project agreement with Tyler Technologies for the implementation of EnerGov Business Licensing and Code Enforcement Modules in the ERP System with a cost not to exceed $86,205.00 (Approved in FY23 Budget) 6-9. Action Item: Request approval for Family Justice Center to re-apply for STOP Violence Against Women Grant in the amount of approximately $150,000 from the Idaho State Police to fund sexual assault exam services. (Approved in FY23 Budget) 6-10. Action Item: Request approval for Family Justice Center to re-apply for STOP Violence Against Women Grant in the amount of approximately $120,000 from the Idaho State Police to fund advocacy and crisis counseling. (Approved in FY23 Budget) 6-11. Action Item: Request approval for Family Justice Center to receive annual grant award in the amount of $275,805 from the Idaho Council on Domestic Violence and Victim Assistance, a division of the Department of Health & Welfare, to fund ongoing victim services. (Approved in FY23 Budget) (7) Public Hearings 7-1. Action Item: Annexation and Zoning to RS6 (Single-Family Residential 6,000 sf) and BC (Community Business) zoning districts, potential development agreement, and Subdivision Preliminary Plat for Madison Ranch Estates Subdivision at 0 Madison Rd and 0 Highway 20/26 (Parcels #R3425800000 & R3423400000) totaling 108.29 acres in the NE ¼ of Section 27, T4N, R2W, BM, Canyon County), for MRH Homes representing Michael Riggs/Silver Star Development LLC. (ANN-00242-2022 & SPP-00109-2022). Original Concept: 409 single family detached dwelling units, 1 commercial lot, 41 common lots, and ROW (totaling 25.83 acres). (Applicant requesting a continuance to the November 7, 2022 meeting) 7-2. Action Item: Pre-Annexation and Zoning to RS-22 (Single-Family Residential) and development agreement for Victory Springs Subdivision, at 7722 E Victory Rd. (a 10.3 acre parcel #R3056600000), located in the SE 1/4 of Section 20, T3N, R1W, BM) for Black Summit, LLC. (P)ANN-00246-2022). Original Concept: 14 single-family detached dwelling units. (Continued from the August 15, 2022 meeting) 7-3. Action Item: Variance of NCC 10-19-8 requiring parking of vehicles to be set back 20' from the right-of-way; 10-33-4.C.3 requiring a 15' landscape buffer along property fronting right-of- way; and 10-33-4.E requiring all trees in the right-of-way be deciduous; in order to pave an existing gravel parking lot for vehicle sales inventory for the Tom Scott Motors dealership at 0 9th Ave N (Parcel #R0855800000) in the IL (Light Industrial) zoning district, and 912 7th St N (R0855900000) in the BC (Community Business) zoning district, totaling 1.27 acres (located in the NE 1/4 of Sec. 22, T3N, R2W, BM) for G. Connie Runia representing Gunnar Properties LLC (VAR-00133-2022). Page 5 of 9 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting September 19, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* 7-4. Action Item: To consider amending Ordinance 2647, Section 5, regarding Downtown Business Improvement District Fees: Providing for the assessment and definition of parking lots; providing a definition of vacant buildings and lots and providing for the assessment of vacant buildings and lots at 110% of the standard assessment rate. (Approved by Legal) a. Action Item: 1st reading of ordinance amending Ordinance 2647, Section 5 Downtown Business Improvement District Fees 7-5. Action Item: To consider amending Title 3, Chapter 7, Streets Development Impact Fees (Approved by Legal) a. Action Item: 1st reading of ordinance and approval of publication of ordinance summary Amending Title 3, Chapter 7 revising Streets Development Impact Fees 7-6. Action Item: Fiscal Year 2022 Budget amendment a. Action Item: 1st reading of ordinance adopting the FY2022 budget amendment (8) Unfinished Business 8-1. Action Item: 1st Reading of Ordinance for Annexation and Zoning to RS6 (Single-Family Residential) zoning district, potential development agreement, and Subdivision Preliminary Plat for Bodle Farms Subdivision at 17862 Madison Ave (a 5.12 acre parcel #R3078401000, located in NE ¼ of Section 3, T3N, R2W, BM), for Landmark Pacific Development Inc. (ANN-00244- 2022 & SPP-00110-2022). Original Concept: 20 single-family detached dwelling units and 2 common lots for a gross density of 3.91. (PH was 07-18-2022) 8-2. Action Item: 1st Reading of Ordinance for Annexation and Zoning to RS6 (Single-Family Residential) zoning district and potential development agreement, at 11030 W Orchard Ave, a 3.97 acre parcel #R31440010A0 in the SE ¼ of Section 18, T3N, R2W, BM, for Nampa Church of the Brethren Inc. (ANN-00245- 2022). (PH was 09-06-2022) (9) Pending Ordinances (Postponed Due to Lack of Supporting Documentation) Zoning Map Amendment from BC (Community Business) to RS6 (Single Family Residential 6,000 sq. ft.) and Modification of Development Agreement Ordinance #3561 rescinding the conditions for a commercial building to match nearby architectural facades, building orientation, limiting impact of commercial lighting and fencing to the neighborhood, specifying commercial signage, landscaping, etc. for a commercial building at 904 7th Ave N (a .58 acre portion of land in the Sylvan Heights Subdivision in the NE 1/4 of Section 22, Township 3 North, Range 2 West, Boise Meridian, Nampa, Canyon County, Idaho) for James K. Hagen representing Zechariah P. Dean (ZMA 125-20, DAMO 038-20) (PH was 12-07-2020) (with City Attorney for ordinance and DA) Page 6 of 9 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting September 19, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* 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 three- bedroom apartment upstairs and two office spaces downstairs (PH was 02- 22-2022) Zoning Map Amendment from BC (Community Business) to IL (Light Industrial) zoning districts, and potential development agreement; at 0 E Chisholm Dr (parcel #R3118700000); located on a 13.10 acre portion of the NW ¼ of Section 14, T3N, R2W, BM) for Jeff Hatch - Hatch Design Architecture representing Brivan Idaho LLC (ZMA-00154-2021). Original Concept: 120,000 sf industrial flex complex (PH was 03-21-2022) Annexation and Zoning to IL (Light Industrial) zoning district and potential development agreement; at 0 & 16989 Madison Rd, (parcels #R3100900000 & R3104700000) totaling 21.09 acres and located in the N 1/2 of Section 10, T3N, R2W, BM) for William Juarez representing Jim Cox (ANN-00227-2021). Original Concept: A partially completed office industrial building at 16989 Madison and construction of a 4,800 sf shop with 3 overhead doors, an office, restroom, utility room and storage on the property addressed as 0 Madison Rd. (PH was 04-18-2022) Annexation and Zoning to BC (Community Business) zoning district, potential development agreement, and conditional use permit for multiple-family residential in a BC zoning district for the Southside Lofts at 2416 & 2424 Southside Blvd (Parcel #'s R211430100 & R211430000, totaling 4 acres in the NW ¼ of Section 1, T2N, R2W, BM, Nampa), for Joshua Hubert (ANN- 00238-2022 & CUP-00270-2022). Original Concept: 84 unit apartments in 6 buildings. (PH was 06-06-2022) Development Agreement Modification, Subdivision Preliminary Plat, and Planned Unit Development for the Cherry Grove Subdivision and rescinding of a 2008 addendum (instrument #2008024563) outlining sewer requirements at that time, on a property at 0 Elm Ln (Parcel # R3422900000); totaling 74.35 acres in the RS8.5 (single-family residential) zoning district (located in the SW 1/4 of Section 26, T4N, R2W, BM) for KB Home Idaho LLC representing Ruben J. and Sara Asumendi (DAMO-00056-2022, SPP-00103-2022, & PUD-00010-2022). Original Concept: Development Agreement Modification to increase density to 3.64, replace the concept plan exhibit, and modifications to Exhibit C Conditions of Approval to allow the proposed Cherry Grove Subdivision. Preliminary Plat Subdivision & Planned Unit Development for 271 single-family homes and 35 common lots, meeting the RS8.5 PUD densities - 17.2% qualified open space. (PH was 06-20-2022) Annexation and Zoning to IL (Light Industrial) zoning district at 0 & 0 Ustick Rd (parcels #R343610130 & R343610140, located in the SW 1/4 of Section 33, T4N, R2W, BM) for River Range Idaho, LLC representing Dana Kyle Devlin and Hilda Arline Devlin (ANN-00225-2021). Original Concept: For a Midland Commerce Center - future division into no less than 4 light industrial lots for warehousing and product distribution. (PH was 07-05-2022) Page 7 of 9 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting September 19, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* Annexation and Zoning to RS7 (Single-Family Residential) zoning district, potential development agreement, and Subdivision Preliminary Plat for Wagers Dairy Subdivision at 0 Wilma Ln, 16645 Portner Rd & 11568 Moss Ln (3 Parcels: R2554100000, R2553200000, & R205290000 totaling 19.67 acres in NE ¼ of Section 7, T3N, R2W, BM), for NV5 - Bonnie Layton representing Leigh Wilson (ANN-00240-2022 & SPP-00107-2022). Original Concept: 68 Single-family detached dwelling units and 8 common lots, a gross density of 3.46. (PH was 07-18-2022) Zoning Map Amendment from BC (Community Business) to IL (Light Industrial) zoning district and potential development agreement at 2912 Caldwell Blvd (Parcel # R2046900000); a 35.88 acre parcel (located in the NE 1/4 of Section 7, T3N, R2W, BM) for Jeff Bower/Givens Pursley LLP representing Black Creek Ltd. Partnership & Pleasant Valley Ltd Partnership (ZMA-00167- 2022). Original Concept: Development of a Class A industrial business park with two buildings totaling approximately 670,000 SF. (PH was 08-01-2022) Annexation and Zoning to RD (Two-Family Duplex Residential) zoning district, development agreement, and Subdivision Preliminary Plat for Parker Estates Subdivision at 525 E Greenhurst Rd. (Parcel #R2016300000, a 2.90 acre parcel in NW ¼ of Section 3, T2N, R2W, BM), for Darin Taylor, Subdivision Maker LLC, representing Left Right Center LLC (ANN-00237-2022 & SPP- 00106-2022). Original Concept: 20 townhouse units in 10 buildings, 8 single family detached homes, and 3 common lots, a gross density of 10.35. (PH was 08-15-2022) Annexation and Zoning to RS7 (Single-Family Residential) zoning district, potential development agreement, and Subdivision Preliminary Plat for La Paloma Blanca Subdivision at 87 S Happy Valley Rd, a 2.38 acre parcel #R24709012AO in the NE ¼ of Section 25, T3N, R2W, BM, for Oscar Diaz (ANN-00247-2022 & SPP-00111-2022). Original Concept: 8 single family detached dwelling units and 5 common lots. (PH was 09-06-2022) Zoning Map Amendment from RA (Suburban Residential) to RD (Two-Family Duplex Residential) zoning district; potential development agreement; and Subdivision Preliminary Plat for Sierra Meadows Subdivision at 3 S. Sugar St (Parcel # R3188300000); totaling 1.83 acres (located in the NE 1/4 of the NW 1/4 of Section 26, T3N, R2W, BM) for David Crawford representing Robert Corral (ZMA-00132-2021 & SPP-00068-2021). Original Concept: 20 multi- family units in 5 four-plex buildings. Revised Concept: 16 multi-family units in 4 fourplex buildings. (PH was 09-06-2022) (10) Executive Sessions 10-1. Motion to Adjourn into Executive Session Pursuant to Idaho Code 74-206 (1)(f) and (j). • Idaho Code 74-206 (1)(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. • Idaho Code 74-206 (1)(j), To consider labor contract matters authorized under section 74- 206A(1) (a) and (b), Idaho Code. Page 8 of 9 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting September 19, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* Adjournment Next Meeting Regular Council at 5:30 PM – Monday, October 3, 2022 - City Council Chambers ♦ Individuals, who require language interpretation or special assistance to accommodate physical, vision, hearing impairments, please contact the City Clerk’s Office at Nampa City Hall, (208) 468-5426. Requests should be made at least three (3) days prior to the meeting to allow time to arrange accommodations ♦ 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 9 of 9 *Or as soon after 6:30 PM as each matter may be heard