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minutes meeting date 2025-10-21 · fetched 2026-09-17 · 23952 characters · official file · plain text
October 21, 2025 This regular meeting of the Jerome City Council was called to order by Mayor Davis at 5:30 p.m. The meeting was also held by video conference. The video conference was conducted via Zoom and was made available to all members of the public in a format that allowed all participants to hear the meeting, including all deliberations by members of the Council and other speakers addressing the council, whether in person or via virtual connection, and to comment if so desired, all of which was noted in the agenda, email, and notices at council chambers and on the city’s website. Present: Mayor David M. Davis, Councilman Jason Peterson, Councilman Bryan Craig, and Councilman Dale Ross. Also present were staff members: City Clerk Bernadette Coderniz, Legal Counsel Ted Larsen, City Administrator Mike Williams, Public Works Director Jon Caton, Wastewater Superintendent Brad Henry, City Engineer Tyson Carpenter, Library Director Linda Mecham, Finance Director Ross Hyatt, Accounting and Budget Manager Lori McCrae, Building Official Kortnie Kent, Planning and Zoning Manager Ida Clark, Human Resources Director Esmeralda Chavez, IS Director Carlos Hernandez, Fire Chief Mike Harrison, Deputy Fire Chief Lane Sickles, and Police Chief Duane Rubink. Councilman Chris Barber was excused. PLEDGE OF ALLEGIANCE: Mayor Davis led the audience in recitation of the pledge of allegiance. INVOCATION: An invocation was given by Evangelist Taylor Gonzales with the Calvary Episcopal Church. OATH OF OFFICE, FIRE MARSHALL LACELLE: Chief Harrison spoke of Lieutenant LaCelle’s promotion to Fire Marshall and stated that this position had been discussed for some time. Lieutenant LaCelle has been cross training with the building department to assist with enforcing building code. Mayor Davis administered the Oath of Office to Fire Marshall David LaCelle; he was pinned by his wife and daughter. OATH OF OFFICE, FIRE LIEUTENANT CRAIG: Chief Harrison stated the lieutenant position opened up with the recent promotion of Fire Marshall, and stated that Firefighter Craig has been with the department since 2014; he also worked for the department from 2004-2010. Mayor Davis administered the Oath of Office to Fire Lieutenant Sam Craig; he was pinned by his wife. PUBLIC HEARING – FUTURE LAND USE MAP AMENDMENT AND REZONE: This being the time and place published to consider a request from EHM representing BBL Property Investments LLC, C/O Michael Brock Leslie for a Future Land Use Map amendment from commercial to residential with a concurrent rezone request from General Business (C-2) to Residential 2 (R-2) on the parcel ID numbers RPJ18050030020A and RPJ18050030030A, Lots 2 and 3 BLK 3 Upland Meadows Sub. (30-8S-17E), the Chair called the public hearing open at 5:42 p.m. and briefly reviewed the procedures that will be followed. Staff Presentation: Ms. Clark spoke of parcels within the city limits having a zone and stated the Future Land Use Map is used for future planning and zoning; she further explained that the Comprehensive Plan is the guiding document with goals and objectives of the City in terms of planning. The application before Council is a request to amendment the Future Land Use Map and to concurrently rezone the parcels in question. She identified the parcels on a map for Council’s review, and provided maps showing the City and County zoning in the surrounding areas. Upon inquiry by Councilman Craig, Ms. Clark confirmed the current zoning for the parcels in question is General Business (C-2). Upon inquiry by Mayor Davis, Ms. Clark stated the County has one industrial zone whereas the City has light and heavy industrial. Additionally, uses in the light industrial zone require a special use permit. Per Councilman Peterson’s request, Ms. Clark identified the surrounding streets and developments. She showed a map of the Future Land Use Map and stated that it is reviewed for zoning requests and changes; while Idaho law requires this map, revisions could be made if necessary. At this time, the Future Land Use Map designates those parcels as commercial, and the applicant has requested a rezone to Residential in order to build a single-family residential subdivision. The parcels were annexed into the City in 2007 and zoned as Area Business. In 2008, a section was rezoned to light industrial and subdivided; the subdivision was known as the Jerome Professional Business Park and remained undeveloped. In 2010 the entire subdivision was rezoned to C-2. Ms. Clark continued by stating the professional park plat was vacated in 2020 and then subdivided into the Upland Meadows subdivision; per the applicant’s request, the northern lots of Upland Meadows were approved for a rezone to Residential (R-2) while the remaining lots remained C-2. Ms. Clark identified surrounding properties with their zoning and identified the uses allowed in the existing zone (single-family subdivisions are not allowed in C-2). She spoke of the public hearing held before the Planning and Zoning Commission (P&Z). The commission reviewed the City’s Comprehensive Plan to determine if a rezone and proposed development would be compatible to existing housing, and she noted that a residential subdivision on this property would be close to existing heavy industrial uses. Ms. Clark noted that municipal sewer and water services are not currently available and an extension of services would come at the developer’s expense. Additionally, if an easement cannot be obtained for a gravity sewer line, a privately owned and maintained lift station would be required as City staff was not willing to accept a new lift station due to the time and cost of maintenance. The P&Z Commission found the request to be in compliance with the City’s Comprehensive Plan and recommended the future land use map amendment from commercial to residential and a concurrent rezone from C-2 to R- 2. Extensive discussion ensued regarding the request, and topics included: two nearby residences and existing uses to the south of the parcels (farmland); the availability of sewer services via gravity feed with an easement, or a private lift station with Department of Environmental Quality (DEQ) approval; staff’s recommendation against the request based on the Comprehensive Plan, and because of the potential lift station; industrial zones to the south based on the future land use map; the ability to revise said map by either staff or an applicant’s request; updates to the Future Land Use Map as a city document; County zoning changes; the Comprehensive Plan as approved in 2023; varying uses in C-2 including higher density housing (i.e. apartments); uses that would impact sewer services; buffer zones; future annexations; and, issues with a previous rezone request and concerns with nearby zoning. Mayor Davis announced that those wishing to testimony during the public hearing would be allowed to do so in support, neutral to, or in opposition to the request. He further noted this testimony period would take place after the applicant’s testimony had been heard. Applicant testimony: David Thibault with EHM Engineers, representing BBL Property Investments, appeared before Council and spoke of a previous rezone several years ago. He reiterated Ms. Clark’s statement about the zoning changes with the two parcels in question over the years, and spoke of recent developments in the surrounding area (i.e. Lutheran Heights subdivision and Founders Park) and a planned development near the park. Referencing the two parcels in questions, Mr. Thibault spoke of original plans to have residential housing on the north parcel and storage units on the south parcel. It was determined that an easement would be required to secure sewer via connection to the existing gravity sewer line, or the developer would need to install a lift a station. Mr. Thibault spoke of opportunities and growth in the last few years and the applicant’s desire to continue with the development of a single-family housing subdivision, noting the surrounding properties without buffers between residential and commercial zones. As Council inquired additional information by Mr. Thibault, extensive discussion ensued. Topics of the discussion included: potential development in the future; a market for industrial businesses; the commercial zone as an inappropriate buffer between zones; issues with the rezone of a recent property and residents of a nearby subdivision expressing concerns about potential development; residential growth to the south, and the potential for industrial growth to the north; underutilized properties in terms of buffers and zoning; specific features to buffer zones; the uncertainty of securing an easement for the gravity sewer and examining other options include a different route for gravity sewer or a privatized lift station; Mayor Davis’ consent to staff not taking on the responsibility of a new lift station and the developer’s responsibility of installing a privatized lift station; operation and maintenance of common areas, including a private lift station, by a Homeowner’s Association (HOA); the Harvest Creek subdivision and a developer’s agreement for gravity sewer in lieu of a lift station; the effort to reduce the number of lift stations in the City due to their ongoing maintenance and operational issues; the elimination of two significant lift stations with the installation of a new gravity sewer line near Jerome Cheese; unique circumstances requiring a lift station and alternative solutions to consider; concerns with a development requiring sewer; ongoing issues with lift stations including maintenance costs, weak spots and common failures, mechanical and electrical issues, and human error i.e. flushing of insoluble materials; a privately maintained sewer system and liability falling upon an HOA (owner and operator would hold a license with the DEQ to build and operate a lift station); no known HOA-owned lift stations in the Magic Valley; sewer needs regardless of the development; financial guarantees to operate a lift station; private entities that operate sewer treatment facilities; the City’s capabilities to maintain a lift station versus an HOA; HOA staff changes and issues with operations as a result; and, questions as to whether or not the property can be served with municipal services (yes). Testimony In favor: • Barbara Allen, resident of Jerome to the north of the property, appeared before the Council and stated she and her husband are in support of a residential development rather than commercial. Ms. Allen stated they prefer single-family residences versus apartments or other uses i.e. convenience store so as to not devalue their property, and spoke of the need for a sewer system regardless of the development. She noted the Upland Meadows subdivision was approved without a buffer next to an industrial zone and that she was in support of that development. Councilman Peterson spoke of a special use permit with other zoning designations, and Councilman Craig commented on advising a property owner of what they could or could not do. • Randy Stock, resident of Jerome, appeared and stated he did not see the need for a buffer zone, noting that industrial growth appears to follow the railroad tracks and the freeway. He believes a buffer zone, if any, should be placed to the south of his property. Councilman Peterson spoke of industrial development, and Mr. Stock stated he finds that a residential zoning designation makes sense based on growth. • Mike Tilka, resident of Jerome, spoke of the subdivision in which he lives with tight Covenants, Conditions and Restrictions (CCR’s) in the HOA. He stated it is a quality subdivision and believes the rezone would be an enhancement to existing properties. Upon an inquiry by Mayor Davis, Mr. Tilka stated he could not comment on speculation. Neutral Testimony: • Carolina Driever, resident of Jerome, appeared and stated that she wanted to be aware of what was happening in the area. She spoke of being notified that apartments were being built and inquired of Mr. Thibault of what the development was planned. Mayor Davis was concerned about the process for rebuttal and further questioning, and Mr. Larsen stated that Mr. Thibault could respond to Ms. Driever’s concerns. Rebuttal to Ms. Driever’s testimony: • Mr. Thibault stated the rezone request will be for the R-2 zone which would allow for a single-family residential subdivision. If unsuccessful, the property would remain zoned as commercial and the property owners would have to evaluate for other development options. Brief discussion between Ms. Driever and Mr. Thibault ensued regarding access points to a potential subdivision, and access from the Upland Meadows subdivision. Mr. Larsen noted that, while the questions are valid, they go beyond the scope of this evening’s public hearing. He further stated it is not appropriate to commit the applicant to details of the development at this point. Testimony in opposition: • Art Thompson, resident of Jerome, spoke in opposition to the rezone request and inquired about the irrigation line and his water delivery. He also spoke about a right-of-way road from his property to the neighbor and asked if it would be vacated. Rebuttal to Mr. Thompson’s testimony: • Mr. Thibault addressed Mr. Thompson’s concerns and stated he was unsure of the future development of that property but that there were no plans to modify the existing line for water delivery. He further stated he did not believe the irrigation line was on the property in question and that, until the construction design for that phase of development is underway, he could not determine how the irrigation line would be impacted. He spoke of the development in phases and that the residential subdivision would be in Phase I. Upon approval, his staff will pursue subdivision and development plans that would address the irrigation line. Mr. Thibault further stated he did not anticipate any major changes to the line although he could not provide a definitive answer until after the design of Phase I began. He also spoke of the access road and stated there are no proposed changes. However, tree roots along Mr. Stock’s property may be of concern should new homeowners choose to build a fence along the property line. Councilman Peterson inquired about irrigation disruption, and Mr. Larsen stated that Mr. Thompson has a right to receive that water and that Idaho Code provides for an easement where an expressed easement is not required for a water rights owner to get their water. Additionally, any disruption to the water delivery would be at the cost of the developer. Mr. Thibault spoke of irrigation lines that were mitigated in other developments and that all neighbors were notified of the statutory requirements. He further requested a decision on the future land use map amendment and rezone request. There being no further testimony to be heard, the Chair declared the public hearing closed at 6:55 p.m. APPROVE TO DRAFT RESOLUTION: Mayor Davis asked Mr. Larsen for clarification on the approval process and if Council could approve the initial request but then deny a future resolution. Mr. Larsen stated the discussion portion of the meeting will be to determine what the Council finds to be appropriate. He will then draft the Findings of Fact to Conclusions of Law. Council would then need to approve those Findings of Fact to Conclusions of Law and that they were in fact discussed and agreed to this evening. Additionally, Council has the option to make the motion and then discuss the issue, or discuss the issue and then make a motion. Councilman Craig made the motion to draft a resolution amending the City of Jerome Comprehensive Plan Future Land Use Map from Commercial to Residential with a concurrent ordinance rezoning the parcels from General Business to Residential 2. Second to the motion was made by Councilman Peterson. Extensive discussion ensued regarding the application to amend the Future Land Use Map and concurrent rezone, and topics included: when the Comprehensive Plan was last adopted (2023); consequences of not taking on a lift station, and conversations pertaining to the lift station that must take place at another time; determining if the R-2 zone would be appropriate for that location considering all potential uses; considering that very few services are sewer-free, and other options for extending sewer services to the property; provisions made for the two existing lots when the property was subdivided to provide access to sewer for those lots similar to single tanks/small pumps; utilizing those for single service entities (i.e. Dairy Farmers of America); further division of the parcels complicating the use of single tanks/small pumps; the inability to utilize single tanks/small pumps for a 35+ residential subdivsion and the need for gravity sewer mains; if a residential zoning designation is “better” than a commercial zoning designation; the ability for an immediate commercial development due to the access easement and potential for utilizing single tanks/small pumps for sewer; building one building per lot with multiple offices within the building, and multiple buildings requiring separate sewer services; the applicant’s knowledge of available services when the property was initially subdivided; if there is a City obligation to accept and take over responsibility for a lift station; the responsibility of the developer to provide the services if available; the City’s ability to refuse a lift station if a valid reason could be demonstrated; the need for clearly stated policies adopted by the Council if rejecting a lift station if accepting one somewhere else; the alternative solution to providing sewer services at another subdivison proposed by the developer; the ability to exert an easement on someone else’s property for the sewer gravity line; approving the rezone request without approving development plans; considering the “harmonious blend” terminology in the Comprehensive Plan; nearby residents and those in a potentially new subdivision who would not be aware of the industrial zoning to the west and south, and the Council’s obligation to protect them; issues with a recent rezone and nearby neighborhood; setting a precedence for future Comprehensive Plan changes for the purpose of rezoning properties, especially consideirng the recent approval of the existing plan; the fact that the Comprehensive Plan is a guiding document but not law, and the Future Land Use Map within the document that can be amended as growth occurs; amending the Comprehensive Plan annually if the Council so desires; ordinances that carry out the goals and objectives of the Comprehensive Plan; being sensitive to a property owner wanting to develop their property; considering a residential rezone designation with nearby neighborhoods; issues with a lift station having an undue burden on City staff; understanding that this evening’s motion is for amending the land use map with a concurrent rezone, and that the applicant would still have to return with subdivision plans for approval; and, the importance of listening to the residents. After consideration, the motion passed by the following vote: AYES: Councilman Craig and Councilman Peterson. NAYS: Councilman Ross. CONSENT CALENDAR: Those items contained in the consent calendar are as follows: 1. Approve the minutes of the October 7, 2025 regular meeting 2. Approve the following payments: • American Construction Supply - #420870 Husqvarna Walk Behind Saw, $11,179.05 • Control Engineers PA – SCADA Ignition Upgrade, $35,318.01; #31682, $8,172.81 • H.D. Fowler – Peerless Pump A St. West pump, $15,880.48 • Idaho Site Works LLC, - W. Avenue G water line, $648,170.27 • J-U-B Engineers – #0188717 Water distribution lead project, $37,465.80; #0189351, $47,771.17 • Oxarc, Incl – Welder and supplies, $5,759.43 • Schows Truck & Equipment – 2015 Western Star 4700 truck and wet kit, $54,000.00 • Western States Equipment – 2019 Caterpillar Excavator, $63,103.51 3. Approve lease/purchase agreement for a John Deere Skid Steer Loader 4. Approve lease/purchase agreement for a John Deere Wheel Loader 5. Monthly Department Reports 6. Approve Claims Councilman Peterson made the motion to approve the consent calendar as presented. Second to the motion was made by Councilman Ross. Upon inquiry by Councilman Craig, Mr. Caton stated that the equipment to be purchased will be beneficial to the Public Works and Wastewater departments. After consideration, the motion passed unanimously by the following vote: AYES: Councilman Craig, Councilman Peterson, and Councilman Ross. NAYS: None. MBR BLOWER REPLACEMENT PROJECT: Mr. Carpenter spoke of the MBR facility blower at the Wastewater Treatment Plant and previous discussions pertaining to the project and the pre-purchase of the blower; the blower should arrive mid-December. The project design was completed by Merrick & Co. and released for bids in September, where one bid was received in the amount of $338,000 which exceeded both the project budget and engineer’s estimated project cost of approximately $200,000. Mr. Carpenter stated the Council had the option of awarding the project or rejecting it and pursuing a contract on the open market. Upon inquiry by Councilman Craig, Mr. Carpenter stated staff could re-bid the project or pursue on the open market and approach contractors, either general contractors for the entire project or individual contractors for different portions of the work. Additionally, a consent order requires that the project be completed. Upon inquiry by Mayor Davis, Mr. Carpenter stated the project bid was slightly over the estimated cost of the project by approximately $140,000. Mr. Henry confirmed that the plant could still be run with one blower although the membranes would be negatively affected; there is currently no redundant blower at the plant. Upon inquiry by Councilman Ross, Mr. Williams stated the project could be funded with funds budgeted for other capital projects planned for FY2026 plus operational reserves in the Wastewater fund. The blower will be delivered in December, and staff could also reach out to contractors for the entire project or to piecemeal the project. However, there is no guarantee that the total cost will be lower than the bid received, and time is of the essence. Mayor Davis commented on quality concerns should the project be piecemealed and working with several contractors versus a single contractor. Mr. Williams also stated that, should the contract be awarded to the bidder, staff could discuss options with them to explore where costs could be reduced. Councilman Craig made the motion to approve a contract award to GSE Construction for construction of the Wastewater MBR Blower construction project for the lump sum bid of $338,000.00. Second to the motion was made by Councilman Ross. Councilman Ross noted that looking into reserves would be preferable over eliminating planned capital projects. After consideration, the motion passed unanimously by the following vote: AYES: Councilman Craig, Councilman Peterson, and Councilman Ross. NAYS: None. ADJOURNMENT: There being nothing further to discuss, Mayor Davis adjourned this October 21, 2025 regular meeting of the Jerome City Council at 7:24 p.m. By: Mayor David M. Davis Attest: Bernadette Coderniz, City Clerk
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