City of Jerome | minutes | meeting 2025-10-07 | City Council Regular Meeting source: https://www.ci.jerome.id.us/AgendaCenter/ViewFile/Minutes/_10072025-728 October 7, 2025 This regular meeting of the Jerome City Council was called to order by Mayor Davis at 5:33 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 Chris Barber, 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, Water Operations Supervisor Danny McCullough, Streets and Parks Supervisor Chris Westburg, Wastewater Superintendent Brad Henry, Library Director Linda Mecham, Finance Director Ross Hyatt, Accounting and Budget Manager Lori McCrae, Building Official Kortnie Kent, Planning and Zoning Manager Ida Clark, IT Technician Andy Newbry, and Fire Chief Mike Harrison. PLEDGE OF ALLEGIANCE: Mayor Davis led the audience in recitation of the pledge of allegiance. INVOCATION: An invocation was given by Pastor Caroline Shoobridge with the First Baptist Church. PUBLIC HEARING – REZONE: This being the time and place published to consider a request from Bremer, LLC for the vacation of the following parcels: Lot 4 in Block 1 of JEROME SOUTHEAST INDUSTRIAL PARK, P.U.D. PHASE III, located in Lots 1 and 2 and E1/2NW1/4 of Section 30, Township 8 South, Range 17 East of the Boise Meridian, Jerome County, Idaho, according to the Plat recorded March 11, 1996 as Instrument Number 961001, Jerome County records, AND Lot 5 in Block 1 of Jerome Southeast Industrial Park P.U.D. Phase III, located in Lots 1and 2 and E 1/2NW 1/4 of Section 30, Township 8 South, Range 17 East, Boise Meridian, Jerome County, Idaho, according to the Plat recorded March 11, 1996, as Instrument Number 961001, Jerome County Records, the Chair called the public hearing open at 5:35 p.m. and briefly reviewed the procedures that will be followed. Staff Presentation: Ms. Clark spoke of the vacation request and noted that, because the Jerome Municipal Code does not address vacation requests, staff referred to Idaho Code and stated that requests must go before the City Council via public hearing. The Council may grant a request to vacate with restrictions as deemed necessary. She provided a map with the parcels in question for Council’s review and stated an existing facility (FMI-EPS, LLC) sits on Lot 5; a building permit application has been submitted to build an additional warehouse on Lot 4. The applicant is seeking to combine those lots into one parcel, thus requiring the vacation of the original plat. Ms. Clark spoke of an easement that runs north/south between the two lots, and Idaho Code required that easement letters be sent to the utilities requesting that the easement also be vacated. She stated the resolution will not be recorded until the easement releases are received, and further noted that removal of the lot line will allow for the site to house two buildings while still meeting required setbacks and allowing for a fire lane. Tory Redford, the contractor for Bremer LLC was available via Zoom for questions. There was no testimony in favor, neutral, nor in opposition to the request. There being no further testimony to be heard, the Chair declared the public hearing closed at 5:40 p.m. RESOLUTION NO. 19-25: The clerk read Resolution No. 19-25 in full as follows: RESOLUTION NO. 19-25 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF JEROME, IDAHO, APPROVING THE APPLICATION OF BREMER LLC FOR A VACATION REQUEST OF PROPERTY DESCRIBED HEREIN, BELOW, AND AS SHOWN ON THAT CERTAIN PLAT ENTITLED “JEROME SOUTHEAST INDUSTRIAL PARK P.U.D. PHASE III" RECORDED IN THE RECORDS OF JEROME COUNTY ON MARCH 11, 1996, AS INSTRUMENT NO. 961001. WHEREAS, the Real Property in question is more particularly described as: Lot 4 in Block 1 of JEROME SOUTHEAST INDUSTRIAL PARK, P.U.D. PHASE III, located in Lots 1 and 2 and E1/2NW1/4 of Section 30, Township 8 South, Range 17 East of the Boise Meridian, Jerome County, Idaho, according to the Plat recorded March 11, 1996 as Instrument Number 961001, Jerome County records. AND Lot 5 in Block 1 of Jerome Southeast Industrial Park P.U.D. Phase III, located in Lots 1and 2 and E 1/2NW 1/4 of Section 30, Township 8 South, Range 17 East, Boise Meridian, Jerome County, Idaho, according to the Plat recorded March 11, 1996, as Instrument Number 961001, Jerome County Records. (hereinafter “Real Property”) WHEREAS, the Real Property is in a platted subdivision; and WHEREAS, Bremer LLC has, pursuant to Idaho Code Section 50-1306A, applied for a partial vacation request of the Jerome Southeast Industrial Park PUD, Phase III subdivision (“Petition”) to partially vacate the Plat by removing the Real Property from it; and WHEREAS, said Petition was filed with the City Clerk for the City of Jerome on the 10th day of September 2025; and WHEREAS, written notice of a public hearing on said Petition was sent to all property owners within three hundred (300’) feet of the boundaries of the Real Property on September 18, 2025; and WHEREAS, publication of a notice of public hearing on said Petition for October 7, 2025, was published in the Times News on September 20, 2025, and September 27, 2025; and WHEREAS, a true and correct copy of the notice of public hearing referred to in the two previous recitals is attached to this Resolution as Exhibit A; and WHEREAS, a public hearing on said Petition was held before the Jerome City Council on October 7, 2025, at the regular meeting of the City Council; and WHEREAS, the Petitioner has satisfied the requirements of Idaho Code Section 50-1306A; WHEREAS, the Petitioner has paid all publication costs; and WHEREAS, the Jerome City Council unanimously approved the partial vacation of the Plat as requested by the Petition following the conclusion of the public hearing on October 7, 2025. BE IT THEREFORE RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF JEROME, ID AS FOLLOWS: Section 1. That the Plat is hereby vacated by removing the Real Property from it without any restrictions or conditions. Section 2. The internal 10’ utility, north-south, easement between Lot 4 and Lot 5 is hereby vacated with the exterior easement in place. This resolution shall take effect and be in force from and after its passage, approval, and recordation. PASSED BY THE COUNCIL this 7th day of October 2025. SIGNED BY THE MAYOR this 7th day of October 2025. CITY OF JEROME By: /s/ David M. Davis David M. Davis, Mayor ATTEST: /s/ Bernadette Coderniz Bernadette Coderniz, City Clerk Councilman Barber made the motion to pass Resolution No. 19-25 and record once all letters of easement release have been received. Second to the motion was made by Councilman Craig. After consideration, the motion passed unanimously by the following vote: AYES: Councilman Ross, Councilman Craig, Councilman Peterson, and Councilman Barber. NAYS: None. CONSENT CALENDAR: Those items contained in the consent calendar are as follows: 1. Approve the minutes of the September 16, 2025 regular meeting 2. Approve application to Evanston Insurance Company for the Environmental Site Pollution Liability Insurance for the Wastewater Facility 3. Approve Renewal No. 8 to Lease Agreement with the Idaho Military Division 4. Approve the following payments: • American Construction Supply – Walk Behind Saw, $11,179.05 • Coastline Equipment Co. – Tier Backhoe Loader, $143,576.02 • Con Paulos – Streets Department Vehicle Purchase, $73,850.00; Water Department Vehicle Purchase, $83,717.00; Water Department Vehicle Purchase, $51,965.00 Councilman Barber made the motion to approve the consent calendar as presented. Second to the motion was made by Councilman Craig. After consideration, the motion passed unanimously by the following vote: AYES: Councilman Ross, Councilman Craig, Councilman Peterson, and Councilman Barber. NAYS: None. DECLARATION OF THE CITY CLERK – MUNICIPAL ELECTION: Ms. Coderniz read the declaration in full: CITY OF JEROME, IDAHO DECLARATION OF THE CITY CLERK October 7, 2025 A DECLARATION OF THE CITY CLERK OF THE CITY OF JEROME, JEROME COUNTY, STATE OF IDAHO, SETTING FORTH CERTAIN FINDINGS, SETTING FORTH AUTHORITY FOR DECLARATION, DECLARINIG THAT CERTAIN CANDIDATES ARE ELECTED FOR THE CITY COUNCIL SEATS, AND CANCELLING THE NOVEMBER 4, 2025 MUNICIPAL ELECTION FOR THE CITY OF JEROME, IDAHO. Section 1. Findings. The Jerome City Clerk finds that: 1.1 Pursuant to Chapter 4, Title 50, Idaho Code, the City is to hold a general municipal election on November 4, 2025. 1.2 One Mayoral seat is up for election at the upcoming November election. 1.3 Two City Council seats are up for election at the upcoming November election. 1.4 Christopher Barber submitted a Declaration of Candidacy for one Mayoral seat. 1.5 Jason Peterson, the incumbent City Council member, submitted a Declaration of Candidacy for the City Council seat. 1.6 Bryan Craig, the incumbent City Council member, submitted a Declaration of Candidacy for the City Council seat. 1.7 No other individuals submitted a Declaration of Candidacy for the Mayoral seat. 1.8 No other individuals submitted a Declaration of Candidacy for the City Council seats. 1.9 No Declarations of Intent for write-in candidates were submitted for any positions. Section 2. Authority to Make Declaration of Election. 2.1 Idaho Code 50-405(2)(a) provides as follows: (2)(a) No city election shall be held for an office if, after the deadline for filing a declaration of intent to be a write-in candidate for the office, it appears: (i) For the office of mayor, only one (1) person has filed a declaration of candidacy or a declaration of intent to be a write-in candidate; (ii)…or (iii) For the office of city council member in cities that do not have designated council seats as provided in section 50-707, Idaho Code, the number of people who have filed a declaration of candidacy or a declaration of intent to be a write-in candidate is equal to or fewer than the number of council positions up for election for a two (2) year term or a four (4) year term. 2.2 Pursuant to I.C. 50-405(2)(b), if the provisions of I.C. 50-405(2)(b) have been met, the “city clerk shall declare such candidate elected.” Section 3. Declaration of Election. WHEREFORE, based upon the foregoing findings and legal authority, the City Clerk of the City of Jerome, Idaho DECLARES: 3.1 Christopher Barber is elected as Mayor of the City of Jerome, Idaho to serve a four (4) year term, and shall be installed in that position at the first City Council meeting in January 2026. 3.2 Jason Peterson is elected as a Council Member of the City Council of the City of Jerome, Idaho to serve a four (4) year term, and shall be installed in that position at the first City Council meeting in January 2026. 3.3 Bryan Craig is elected as a Council Member of the City Council of the City of Jerome, Idaho to serve a four (4) year term, and shall be installed in that position at the first City Council meeting in January 2026. Section 4. Cancellation of Election. 4.1 The Mayoral seat filled by the election of Christopher Barber and City Council seats filled by the elections of Jason Peterson and Bryan Craig were the only City positions open for election at the November 4, 2025 Jerome, Idaho general municipal election. Therefore, there are no vacant city offices to be filled by election, and the election is cancelled. The City Council seat left vacant by Mayor-Elect Barber will be appointed in January 2026. DATED this 7th Day of October. /s/ Bernadette Coderniz City Clerk, City of Jerome ORDINANCE 1244, BILL 729 – INTRODUCTION: Ms. Clark reminded Council of the public hearing held during a previous City Council meeting and the motion to table the ordinance for further discussion. She spoke of the Planning and Zoning Code rewrite in 2010, and stated a section referencing accessory dwelling buildings was included without clear definitions or standards pertaining to Accessory Dwelling Units (ADU’s). Ms. Clark stated inquiries have been made regarding “mother in law” quarters added onto properties, and that the code does not allow them in certain zones. She spoke of affordable housing options and stated the City’s Comprehensive Plan includes an objective to create and adopt language allowing ADU’s. Ms. Clark provided extensive detail what other surrounding cities allow in terms of ADU’s and noted the following: Idaho Falls, Star, Burley, Twin Falls, Chubbuck, Blackfoot, Hailey, Pocatello, Nampa, Caldwell, Meridian and Boise all include ADU’s in their respective codes although requirements and specifics varied from one city to another (i.e. some allow detached buildings only, some allow in residential zones while others do not, some are outright permit while others require a permitting process, and allowing only one ADU per lot). She noted that Boise revised their code removing restrictions to allow multiple ADU’s for multi-family households. She further noted that some cities limit ADU’s to 900 square feet or no more than 75% of the primary dwelling on the property. Ms. Clark stated that some cities require that the property owner live in the primary dwelling, while others require a time limit for residency in an ADU. She spoke of the 2018 International Residential Code in place for Idaho which includes specific rules for ADU’s and potential updates (no more than 50% of the primary dwelling or 1,200 square feet, one ADU per lot, etc.). Ms. Clark stated that cities with ADU policies in place will amend them to comply with the adopted building code. She reminded the Council that a public hearing was held on the matter, and if changes to the city code were requested a new public hearing would be required. Extensive discussion ensued regarding the proposed changes including: requiring the property owner to be living in the primary dwelling; commending Ms. Clark for providing information regarding other cities’ policies; staying within the minimum requirements provided in the building code and amending the city code to reflect this; inserting language in city code to include following building code ADU requirements; ensuring that city code is not in direct conflict with Idaho code; the city code as more restrictive than Idaho code should the new code be adopted; showing why the City is choosing to be more restrictive; setback requirements and meeting fire code in determining the size allowed for a particular ADU; restrictions on smaller lots; adopting the 50% rule and the requirement that the property owner be living in either the primary dwelling or the ADU; the concern of property ownership and transfer of property from one owner to another; policing property ownership and adopting city standards; protecting property values and creating rentals; disallowing ADU’s in the Residential 1 (R-1) zone where single family dwellings are allowed; monitoring the sale of each property; Jerome having an affordable housing shortage but the need to protect the R-1 zone; the minimum square footages of 120 square feet for an ADU in the building code (minimums are not addressed in city code); the inability for homeowner’s associations (HOA’s) to prevent a homeowner from adding an ADU to their property; requiring a special use permit so that neighbors could testify at a public hearing; ADU setbacks; excluding the R-1 zone from allowing ADU’s and the difference between R-1 and the R-2 zone (R-2 zone allows single and multi-family housing); the need to adopt an ordinance if ADU’s were not to be allowed in R-1; and, ADU’s permitted in other zones. BILL NO. 729 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF JEROME, IDAHO, AMENDING JEROME MUNICIPAL CODE SECTION 17.14.010 TO INCLUDE ACCESSORY DWELLING UNIT IN THE SCHEDULE OF DISTRICT REGULATIONS; UPDATING SECTION 17.03 RULES AND DEFINITIONS FOR ACCESSORY USE OR STRUCTURE AND INCLUDING THE DEFINITION IN 17.03.180 TO INCLUDE ACCESSORY DWELLING UNIT; AMENDING SECTION 17.18.020 SUPPLEMENTAL GENERAL PROVISIONS TO INCLUDE STANDARDS FOR ACCESSORY DWELLING UNIT; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Barber made the motion to adopt Bill No. 729, Ordinance No. 1244- an Ordinance of the Mayor and City Council of Jerome, Idaho, amending Jerome Municipal Code Title 17 and providing for an effective date. Second to the motion was made by Councilman Ross. Upon inquiry by Councilman Craig, Mr. Larsen stated that the new building codes will not affect this decision. After consideration and clarification regarding the motion, the motion failed unanimously by the following vote: AYES: None. NAYS: Councilman Ross, Councilman Craig, Councilman Peterson, and Councilman Barber. ORDINANCE 1245, BILL 730 – FINAL READING: The clerk read Bill No. 730 by title only to constitute the third and final reading; the bill in full is as follows: ORDINANCE NO. 1245 BILL NO. 730 AN ORDINANCE OF THE CITY OF JEROME, IDAHO, GRANTING TO INTERMOUNTAIN GAS COMPANY A TWENTY (20) YEAR EXTENSION TO ITS FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE A GAS TRANSMISSION AND DISTRIBUTION SYSTEM; PROVIDING FOR THE USE OF STREETS AND ALLEYS, AND RULES GOVERNING THE SAME, SUBJECTING THE GRANTEE TO ALL POWERS OF THE CITY; SETTING FORTH THE RULES OF THE FRANCHISE AND GRANT; PROVIDING FOR THE RIGHT OF INSPECTION BY THE CITY OF GRANTEE'S PLANS, ACCOUNTS, AND BOOKS; REQUIRING GRANTEE TO FURNISH CERTAIN MAPS; SETTING FORTH THE ANNUAL PAYMENT TO THE CITY, AND THE FILING OF ANNUAL REPORTS WITH THE CITY; REQUIRING GRANTEE TO INDEMNIFY CITY, AND FILE EVIDENCE OF INSURANCE; REQUIRING COMPLIANCE WITH SAFETY REGULATIONS; SETTING FORTH AN AGREEMENT NOT TO COMPETE, RESERVING POWER OF EMINENT DOMAIN; PROVIDING FOR SURRENDER OF FRANCHISE; GRANTING RIGHT TO SALVAGE; REQUIRING WRITTEN ACCEPTANCE; PROVIDING FOR CONSENT TO SALE, ASSIGNMENT OR LEASE; PROVIDING FOR PAYMENT OF PUBLICATION COST; SETTING FORTH PENALTIES AND FORFEITURES, SEPARABILITY AND REPEAL. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF JEROME, IDAHO; SECTION 1: Grant of Authority. There is hereby granted to Intermountain Gas Company, a corporation, its successors and assigns (hereinafter collectively referred to as "Grantee") a twenty (20) year extension to the right and authority to construct, install, maintain and operate a gas transmission and distribution system, including mains, pipes, conduits, services and other necessary structures and appliances appertaining in, under, upon, over, across and along the streets, alleys, bridges and public places within the present and future corporate limits of the City of Jerome, Idaho (hereinafter referred to as "City") for the furnishing, transmission, distribution and sale of gas, whether artificial, natural, mixed or otherwise, for heating, domestic, industrial and other purposes and for transmitting gas into, through and beyond said City. The City represents that it has the sole power and authority to make this grant of authority and agrees to notify Grantee in writing if the City should cease to have this power. SECTION 2: Use of Streets and Rules Governing the Same. Grantee shall secure a permit for any opening it shall make in the streets, alleys and public places in the City and shall be subject to all applicable ordinances, but no fee shall be required of Grantee for any such permit. Grantee may, however, open or disturb the streets, alleys, and public places without a permit if an emergency exists requiring the immediate repair of facilities. The location or relocation of all facilities shall be made under the supervision and with the approval of such representatives as the governing body of the City may designate for such purpose, but not so as unreasonably to interfere with the proper operating of Grantee's facilities and service. Whenever the City shall pave or repave any street or shall change the grade or line of any street or public place or shall construct or reconstruct any conduit, water main, sewer or water connection or other city public works or city utility, it shall be the duty of the Grantee when so ordered by the City to change its mains, services and other property in the streets or public places at its own expense so as to conform to the established grade or line of such street or public place and so as not to interfere with the conduits, sewers and other mains of the City as constructed or reconstructed; however, the Grantee shall not be required to relocate pipes, mains and appurtenances when the street, alley or public ground in which they are located is vacated for the convenience of abutting property owners and not as an incident to the public improvement, unless the reasonable cost of such relocation and the loss and expenses resulting therefrom is first paid to Grantee. The City will avoid the need for such moving or changing whenever possible. In the event Federal, State or other funds are available in whole or in part for utility relocating purposes, the City shall apply for such funds and the Grantee will be reimbursed to the extent any such funds are actually obtained. SECTION 3: Grantee Subject to All Powers of City Rules Governing Repair and Reconstruction of Streets. The exercise of privileges herein granted shall be subject at all times to all of the powers of the City and all regulatory ordinances adopted pursuant thereto. The Grantee shall not unnecessarily or unreasonably obstruct the use of or damage any street or alley and shall within a reasonable time and as early as practicable upon completion of any construction or repair work, restore all City streets and alleys to the same order and condition as they were before the excavation was made insofar as reasonably possible. The Grantee shall maintain, repair and keep in good condition for a period of one year all portions of streets and alleys disturbed by it or its agents. The Grantee shall be responsible for any obstruction in any street, alley or other public place caused by it in the operation and maintenance of its properties occurring at any time and shall promptly remove such obstruction. Any such obstruction which, after proper notice to Grantee demanding removal is not promptly removed by the Grantee may be taken care of by the City and the costs thereof shall be charged against Grantee. For purposes of this Section, Grantee’s above-ground facilities or temporary construction materials and equipment shall not be considered an “obstruction”. SECTION 4: Term of Franchise and Grant. Such right and authority, permission and power are hereby granted for a term of twenty (20) years from and after the date of the final acceptance of this Ordinance by the Company, herein referred to as the primary term. This franchise will automatically renew for successive periods of ten (10) years unless cancelled at the end of a term by either party by written notice to the other party no less than 180 calendar days prior to the end of the primary term or the then current successive term. SECTION 5: City Right to Inspection of Grantee’s Plans, Accounts and Books – Grantee to Furnish Certain Maps. Upon reasonable advance notice, the City shall have access to Grantee's records to the extent necessary to verify the accuracy of the Franchise fee payments required herein during the normal business hours of Grantee. The Grantee shall furnish, upon request, the City with a complete set of maps, including plans and profile of the distribution system of the Grantee and any future extensions. The City shall make every reasonable effort to maintain the confidentiality of any trade secrets or other proprietary information (such as proprietary maps and other mapping information) provided pursuant to this Section, including execution of a data sharing agreement with Grantee. Any map supplied shall not be used for locating gas facilities with the intent of excavating. Prior to excavating, the City shall request line locates per the requirements of Idaho Statutes Title 55 Chapter 22 Underground Facilities Damage Prevention. SECTION 6: Payment to City And Filing of Annual Written Report With The City As consideration for this franchise and grant said Grantee, its successors and assigns, during the franchise period, shall pay to the City three percent (3%) of the gross receipts received from all sales of gas by Grantee within the corporate limits of the City through use, operation or possession of this franchise and grant. Such payments shall be made on a quarterly basis and shall be in lieu of any and all other fees, charges, licenses or taxes (other than ad valorem taxes) related to easements, franchises, rights-of way, utility lines and equipment installation, maintenance and removal during the term of the public service providers' franchise with the City which the City may impose for the rights and privileges herein granted or for the privilege of doing business within the City. The Grantee shall file 30 days after the end of each calendar quarter with the City a report for the preceding calendar quarter, which report shall contain a statement of all the gross receipts arising from all sales of gas by said Grantee within the City for the calendar quarter preceding such report, and at the same time the Grantee shall pay to the City the stipulated percentage of the gross quarterly receipts due for the calendar quarter which said report is made and filed. SECTION 7: Grantee Liability - Indemnification It is expressly understood and agreed by and between the Grantee and the City that the Grantee shall save the City harmless from all loss sustained by the City on account of any suit, judgment, execution, claim or demand whatsoever, resulting from negligence on the part of the Grantee in the construction, operation or maintenance of its gas system in the City. The City shall notify the grantee's representative in the City within ten (10) days after the presentation of any claim or demand, either by suit or otherwise, made against the City on account of any negligence as aforesaid on the part of the Grantee. Nothing herein shall require Grantee to save and hold the City harmless to the extent any loss sustained by the City is caused by the acts, omissions, or negligence of the City its agents, representatives, contractors, officers, directors, employees, or other parties subject to its direction or control. SECTION 8: Insurance Upon acceptance of this franchise by Grantee and before Grantee shall have any rights hereunder, Grantee shall file with the City Clerk a certificate evidencing the insurance of the Grantee against property damage in an amount not less than $500,000.00 and bodily injury with limits of not less than $500,000.00 per person and $1,000,000.00 total for each occurrence. Provided, however, the minimum limits of insurance as set forth herein shall be automatically increased at any time the liability limits of the City are increased pursuant to the Idaho Tort Claims Act (Idaho Code Section 6-901 et. seq.) or any similar legislation. SECTION 9: Safety Regulation Compliance Grantee shall comply with and conform to all safety regulations promulgated by the United States, State of Idaho, or any regulatory body having jurisdiction thereof. SECTION 10: Agreement Not to Compete – Reserve to City Power of Eminent Domain In consideration of Grantee's undertaking hereunder as evidenced by its acceptance hereof the City agrees not to engage in the business of distributing and selling gas during the life of this franchise or any extension thereof in competition with the Grantee, its successor and assigns; but nothing herein contained shall be construed or deemed to prevent the City from exercising at any time any power of eminent domain granted to it under the laws of the State of Idaho. SECTION 11: Surrender of Franchise In the event natural gas at any time shall cease to be available to Grantee for the distribution and sale hereunder, Grantee reserves the right to surrender this franchise and in the event of such surrender prior to any expiration or termination of this franchise, or in any of such events, Grantee reserves the right to salvage all of its plant, works and facilities, and will restore City's streets and alleys damaged by such salvage operation. SECTION 12: Written Acceptance The Grantee shall within thirty (30) days after the passage and publication of this ordinance, file with the City Clerk its acceptance of this franchise in writing signed by its proper officers and attested by its corporate seal. SECTION 13: Publication Costs The Grantee shall assume the cost of publication of this franchise as such publication is required by law. SECTION 14: Forfeiture Any material violation by the Grantee, its vendee, lessee or successors of the provisions of this ordinance, franchise and grant or any material portions thereof or the failure promptly to perform any of the provisions thereof shall be cause for the forfeiture of this franchise and grant and all rights hereunder should Grantee fail to cure such violation within sixty (60) calendar days of City’s providing Grantee written notice, which shall be served upon Grantee by registered mail on its Region Director at 555 South Cole Road, Boise, ID 83709, or if not reasonably capable of being cured within sixty (60) calendar days, within such other reasonable period of time as the parties may agree. This provision shall not prevent the Grantee from submitting such question of forfeiture to proper court determination. SECTION 15: Separability If any part or parts of this ordinance shall be adjudged by the courts to be unconstitutional or invalid, the same shall not affect the validity of any other part or parts hereof which can be given effect without the part or parts adjudged to be unconstitutional or invalid. The City declares that it would have passed the remaining parts of this ordinance if it had been known that such other part or parts thereof would be declared unconstitutional or invalid. SECTION 16: Repeal All ordinances and parts or ordinances of City in conflict herewith shall be, and the same are hereby repealed. SECTION 17: Notifications Whenever this Franchise calls for notice to or notification by any party, the same (unless otherwise specially provided) shall be in writing and directed to the recipient at the address set forth in this Section, unless written notice of change of address is provided to the other party. If the date for making any payment or performing any act is a legal holiday, payment may be made, or the act performed on the next succeeding business day which is not a legal holiday. Notices shall be directed to the parties as follows: To the City: City Clerk City of Jerome 152 East Avenue A Jerome, ID 83338 To IGC: Region Director Intermountain Gas Company 555 S Cole Road Boise, Idaho 83709 This Ordinance shall take effect and be in force on October 11, 2025 following its passage, approval, and publication as required by law, and the execution of the “Acceptance and Consent” by Grantee. DATED this 7th day of October, 2025 CITY OF JEROME /s/ David M. Davis___________ David M. Davis, Mayor ATTEST: /s/Bernadette Coderniz _______ Bernadette Coderniz, City Clerk (seal) Councilman Barber made the motion to adopt Bill No. 730 as Ordinance No. 1245. Second to the motion was made by Councilman Ross. After consideration, the motion passed unanimously by the following vote: AYES: Councilman Ross, Councilman Craig, Councilman Peterson, and Councilman Barber. NAYS: None. RESOLUTION NO. 18-25: Ms. Clark spoke of the public hearing held at the last City Council meeting to rezone property on 10th and N. Birch, and stated that Council had directed staff to move forward with the rezone via resolution and ordinance. She also requested that rules pertaining to the reading of the bill’s title on three separate occasions be suspended. The clerk read Resolution No. 18-25 by title: RESOLUTION NO. 18-25 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF JEROME, IDAHO APPROVING THE ADOPTION OF ORDINANCE NO. 1246 FOR THE AMENDMENT OF THE ZONING ORDINANCE, REZONING CERTAIN REAL PROPERTY DESCRIBED HEREIN. WHEREAS, the Real Property in question is more particularly described as: Parcel ID Number: RPJ13702340020A, That part of Block A-234, Jerome Townsite, Jerome County, Idaho, as the same is platted in the official plat thereof, now of record in the office of the Recorder of said County, described as follows: Beginning at the Northeast corner of said Block A-234; Thence Westerly along the Northerly boundary of said Block A-234, a distance of 408.95 feet; Thence Southerly parallel with the Easterly boundary of said Block A-234, a distance of 319.55 feet to the Southerly boundary of said Block A-234; Thence Easterly along the Southerly boundary of said Block A-234, a distance of 408.95 feet to the Southeast corner of said Block A-234; Thence Northerly along the Easterly boundary of said Block A-234, a distance of 319.55 feet to the POINT OF BEGINNING. more commonly known as the bare ground on the southwest corner of North Birch and 10th Ave. West, Jerome, Idaho. (hereinafter collectively the “Real Property”) WHEREAS, the Real Property consists of 3.0 acres located at approximately the southwest corner of North Birch and 10th Ave. West in Jerome, Idaho; and WHEREAS, the Real Property is located entirely within the City Boundaries of the City of Jerome; and WHEREAS, the Real Property is presently zoned M-1 Light Industrial (M-1); and WHEREAS, the owner of the Real Property is requesting to re-zone the Real Property to Residential 3 (R-3); and WHEREAS, the Jerome City Planning and Zoning Commission held a public hearing on September 9, 2025, and recommended approval of the property owner’s rezoning request; and WHEREAS, a public hearing to discuss the recommended zoning designation was held on September 16, 2025, before the Jerome City Council; and WHEREAS, following such hearing the City Council desires to make findings of fact and conclusions of law relative to the request re-zoning for the Real Property. BE IT THEREFORE RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF JEROME, AS FOLLOWS: Section 1. That the following findings of fact and conclusions of law are hereby adopted as the decision of the City Council of the City of Jerome relative to the request for re-zoning. This matter came before the City Council for hearing on September 16, 2025. The matter was before the Council after having already been heard by the Planning and Zoning Commission. The P&Z Commission recommended approval as requested by the Applicant. On September 16, 2025, the Council heard testimony and evidence from the property owner’s agent and from affected property owners in the general vicinity. Many of the facts relative to the application are undisputed. Ida Clark, Jerome City Planning and Zoning Administrator, presented the Staff Report to the Council. After a brief history of the Real Property, she gave an overview of the Applicant’s request. She displayed a map, explained the Real Property is surrounded by residential and public school facilities. Ms. Clark noted the future land use map within the Comprehensive Plan identifies the Real Property as appropriate for residential use. She also reviewed the Comprehensive Plan, Chapter 4, and demonstrated the consistency of the application with the goals of the Comprehensive Plan. Ms. Clark and Mr. Williams noted the rezone is overdue – suggesting it is appropriate. Ms. Anna Canning, a professional engineer with Centurion Engineers, testified on behalf of the property owner/applicant. Ms. Canning reiterated Ms. Clark’s testimony and also expressed that the Application is consistent with the Comprehensive Plan. Ms. Canning further volunteered that the future use would consist of a Planned Unit Development to provide a variety of housing options for the City of Jerome. No other testimony in favor of or in opposition to the Application was presented. After consideration of the testimony and evidence presented at the hearing, the Council finds that proposed rezoning, as presented, is appropriate. The Council finds the proposal to be consistent with the Comprehensive Plan and that the proposed zones are harmonious with the general character of the vicinity. Similar residential uses are adjacent to the Real Property. Also, the residential uses are consistent with the public school uses in the general vicinity. The proposal is also consistent with the Comprehensive Plan and will promote the goals of further economic development and of providing a variety of housing options for the citizens of Jerome. Section 2: Passage of Ordinance 1246 is hereby found to be appropriate. This resolution shall take effect and be in force from and after its passage and approval. PASSED BY THE COUNCIL this 7th day of October, 2025. SIGNED BY THE MAYOR this 7th day of October, 2025. CITY OF JEROME By: /s/ David M. Davis David M. Davis, Mayor ATTEST: /s/ Bernadette Coderniz Bernadette Coderniz, City Clerk Councilman Barber made the motion to pass Resolution Number 18-25. Second to the motion was made by Councilman Peterson. After consideration, the motion passed unanimously by the following vote: AYES: Councilman Ross, Councilman Craig, Councilman Peterson, and Councilman Barber. NAYS: None. ORDINANCE 1246, BILL 731 – INTRODUCTION: Councilman Barber sponsored the bill. Councilman Barber made the motion to suspend the rules pertaining to the final reading in length and have the clerk read the bill by title only to constitute three readings. Second to the motion was made by Councilman Ross. After consideration, the motion passed unanimously by the following vote: AYES: Councilman Ross, Councilman Craig, Councilman Peterson, and Councilman Barber. NAYS: None. The clerk read Bill No. 731 by title only; the bill in full is as follows: ORDINANCE NO. 1246 BILL NO. 731 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF JEROME, IDAHO, REVISING THE ZONING ORDINANCE BY REZONING CERTAIN REAL PROPERTY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has heard and approved an application for rezoning of Real Property described as follows: That part of Block A-234, Jerome Townsite, Jerome County, Idaho, as the same is platted in the official plat thereof, now of record in the office of the Recorder of said County, described as follows: Beginning at the Northeast corner of said Block A-234; Thence Westerly along the Northerly boundary of said Block A-234, a distance of 408.95 feet; Thence Southerly parallel with the Easterly boundary of said Block A-234, a distance of 319.55 feet to the Southerly boundary of said Block A-234; Thence Easterly along the Southerly boundary of said Block A-234, a distance of 408.95 feet to the Southeast corner of said Block A-234; Thence Northerly along the Easterly boundary of said Block A-234, a distance of 319.55 feet to the POINT OF BEGINNING. (hereinafter collectively the “Real Property”); and, WHEREAS, the Real Property is presently zoned Light Industrial (M-1); and WHEREAS, the owner of the Real Property is requesting to re-zone that portion of the Real Property described to Residential 3 (R-3); and WHEREAS, the Jerome City Planning and Zoning Commission held a public hearing on September 9, 2025, and recommended approval of the property owner’s rezoning request; and WHEREAS, a public hearing to discuss the recommended zoning designation was held on September 16, 2025, before the Jerome City Council. WHEREAS, adequate findings of fact and conclusions of law have been made and the City Council is authorized to pass the following Ordinance amending the zoning ordinance. BE IT THEREFORE ORDAINED BY THE MAYOR AND COUNCIL of the City of Jerome, Idaho, as follows: Section 1: Rezone. The Real Property described above is hereby rezoned from Light Industrial (M-1) to Residential 3 (C-3). Section 2: Amendment to City Maps and Comprehensive Plan. All applicable sections of the Jerome Municipal Code and the City of Jerome’s Comprehensive Land Use Plan shall be amended to reflect the amendment described in Section 1. Section 3: Severability. If a part of this ordinance is ruled invalid, all valid parts that are severable from the invalid part remain in effect. If a part of the ordinance is ruled invalid in one or more of its applications, the part remains in effect for all valid applications that are severable from the invalid applications. Section 4: Effective Date. This ordinance shall be effective upon its passage and publication as required by law. PASSED BY THE COUNCIL this 7th day of October 2025. SIGNED BY THE MAYOR this 7th day of October 2025. By: /s/ David M. Davis David M. Davis, Mayor ATTEST: /s/ Bernadette Coderniz Bernadette Coderniz, City Clerk Councilman Barber made the motion to adopt Bill No. 731 as Ordinance No. 1246 for rezoning real property. Second to the motion was made by Councilman Craig. After consideration, the motion passed unanimously by the following vote: AYES: Councilman Ross, Councilman Craig, Councilman Peterson, and Councilman Barber. NAYS: None. LA CIERRITA LIQUOR LICENSE APPLICATION: Ms. Coderniz spoke of the application and stated that Rosario Rojas, owner of La Cierrita, has applied to add liquor for on-premises consumption to the existing beer and wine license in her establishment at 1034 N. Lincoln. Ms. Rojas has provided both the State of Idaho and Jerome County licenses, and the business passed building and fire inspections in July 2025. Upon inquiry by Mayor Davis, Ms. Coderniz stated she was clear with both the Jerome School District Superintendent’s office and the Calvary Chapel of Jerome in explaining that the new license application was for liquor since the establishment already carried a beer and wine license. Mr. Larsen asked for clarification on why Ms. Coderniz reached out to the school and church, and Ms. Coderniz explained that Idaho Code does not allow for alcohol sales within 300 feet from the property line of a school or church to the entrance of an establishment. Mr. Larsen explained to Council that they could waive that requirement although there is little guidance on when or why this would be allowed. Therefore, the City has been in the practice of reaching out to schools and churches within the 300 feet requirement (the property line of Summit Elementary is 296 feet from the entrance to the establishment) to seek comment. Neither the school superintendent nor church staff had any issues with the application although in the past others in different locations have expressed opposing views. Upon inquiry by Councilman Craig, Mr. Larsen stated that Council could deny the application based on the 300-feet requirement, or address each application individually based on their proximity to schools or churches. He spoke of previous applications at different locations where the liquor license applications were denied based on their proximity to a local school. Mr. Williams added that this is the first known liquor license application at this location. Mr. Larsen explained the procedure during an appeal after the denial of an application, and that Council would be permitted to address Ms. Rojas pertaining to this pending application. Upon inquiry by Councilman Barber, Ms. Rojas stated that her establishment would include a full bar upon approval of the application. Upon inquiry by Councilman Craig, Ms. Rojas stated drinks would only be available during the restaurant’s regular business hours of 11:00 a.m. – 10:00 p.m. Councilman Barber made the motion to approve the new application of La Cierrita Jerome LLC dba La Cierrita for on-premises consumption of liquor at 1034 N. Lincoln. Second to the motion was made by Councilman Craig. After consideration, the motion passed unanimously by the following vote: AYES: Councilman Ross, Councilman Craig, Councilman Peterson, and Councilman Barber. NAYS: None. COUNCIL REPORTS: Councilman Craig inquired of Ms. Kent about the alley behind the new duplex on Avenue A. She stated the proposed plans include vinyl fencing whereby the alley will not be accessible to either foot traffic nor to vehicle traffic. Mr. Williams added that law enforcement could be contacted should the alley be blocked at any time. Councilman Craig also inquired about the walking path owned by the Jerome Recreation District (JRD) on E. Nez Perce and the excessive flooding that requires pedestrians to walk into the busy road to avoid water. Extensive discussion ensued regarding this concern, and topics included: jurisdiction over who is responsible for the flooding (the owner aka Darigold); the farmer’s inability to control the water flow; a potential ordinance to fine the property owner; the flooding area in the JRD’s right-of-way; code enforcement penalties for obstruction of a right-of-way; inquiring of state code what a citable offense could be; a civil remedy for the JRD (i.e. trespass) against the property owner; Darigold not responding to complaints; the option of creating a drainage pond or other remedy to prevent the excessive flooding; the flow of water runoff and the slope along E. Nez Perce due to either irrigation or snow melt; weed development if the property is not farmed; Mr. Larsen’s intention of reaching out to JRD Director Gary Warr for a solution; the idea of placing a berm, and water flowing beyond the berm, and a needed solution for where the water will go. Regarding snow removal, Mr. Caton stated blue salt has been ordered for the upcoming winter season, and that a chip seal report will be provided. Additionally, a contract will be signed in November for a road study to take place in the spring; this will give Mr. Caton a good scan on road conditions in the City, and that there are several options to prepare for road maintenance. DEPARTMENT REPORTS: Mr. Williams congratulated Councilmen-Elect Peterson and Craig, and Mayor-Elect Barber, and stated he looked forward to continue working with them. Chief Harrison reminded everyone of the fire department’s pancake breakfast to take place on Saturday, October 11th at 143 E Avenue A with the Jerome Rural Fire Department. ADJOURNMENT: There being nothing further to discuss, Mayor Davis adjourned this October 7, 2025 regular meeting of the Jerome City Council at 6:38 p.m. By: Mayor David M. Davis Attest: Bernadette Coderniz, City Clerk