PUBLIC HEARING REGARDING DAVIS FAMILY ANNEXATION REQUEST:

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1 April 7, 2015 This regular meeting of the Jerome City Council was called to order by Mayor Dave Davis at 5:32 p.m. Present: Mayor Dave Davis, Councilwoman Dawn Soto, Councilman Robert Culver, Councilman Dale Ross, and Councilman Jason Peterson. Also present were staff members: City Clerk Shonna Fraser, City Attorney John B. Lothspeich, City Administrator Mike Williams, Information Services Director Kathy Markus, City Planner Esmeralda Chavez, Fire Chief Tom Hughes, Finance Officer Ross Hyatt, Assistant Finance Officer Kathy Cone, Engineer Rick Wuori, Library Director Linda Mecham, Public Works Director Walt Appell, Building Official Dave Richey, and Police Chief Dan Hall. Industrial Pretreatment Coordinator Dade Pettinger, and Engineer Tech Brandy Presnell. PLEDGE OF ALLEGIANCE: Mayor Davis led the audience in recitation of the pledge of allegiance. PUBLIC REVIEW OF FINAL PLAT FOR JJF SUBDIVISION: This being the time published to review the final plat of JJF Subdivision, located on that parcel described as the NE1/4SE1/4 of Section 24, Township 8 South, Range 16 East of the Boise Meridian, consisting of approximately 2.28 acres, more or less, located on the western portion of the lot., the Chair opened this public hearing at 5:33 p.m. and briefly reviewed the procedures that will be followed. Staff Presentation: Ms. Chavez stated the Planning & Zoning Commission has reviewed the request for approval of the final plat. They are located off of West I Street. The subdivision is comprised of approximately 1.12 acres of land, with three lots. The commission met on Jan 27 th to review and approve the preliminary plat as related to the comprehensive plan, the lot specifications of Title 17, as well as the preliminary plan and design standards of Title 16. Testimony was heard from the applicant s representative Michael Lee of EHM Engineering. No public comments were received. The preliminary plat was approved on June 10, The final materials have now been reviewed by city staff with no concerns. Any new development must meet current code. There being no further testimony to be heard, the Chair closed the hearing at 5:35 p.m. PUBLIC HEARING REGARDING DAVIS FAMILY ANNEXATION REQUEST: This being the time published to consider annexation and zoning of a portion of the NW1/4 of Section 25, Township 8 South, Range 16 East, Boise Meridian, Jerome, Idaho, the Chair opened this public hearing at 5:36 p.m. and briefly reviewed the procedures that will be followed.

2 Staff Presentation: Ms. Chavez stated the Planning & Zoning Commission has reviewed the request for annexation of 1.8 acres owned by Davis Family Idaho LLC. Planning and Zoning held a public hearing on March 10 th to review the request. They are requesting annexation of the property and zoning to be determined as M-2 Heavy Industrial. There was no other testimony herd. After reviewing the Idaho Annexation Code section and determining the request was in compliance with the comprehensive plan the annexation and zoning change was approved for recommendation to city council. She stated Gary Slette, John Fitzgerald, and Howard Kamerer are in attendance for support. She noted the intent of the Davis Family is to sell the annexed property to WOW Logistics for an expansion of their warehouse of approximately 200,000 square feet. Testimony in favor: Gary Slette, P.O. Box 1906, Twin Falls, Idaho, representing WOW Logistics, was given the oath and testified in favor of the application. He stated they are pleased to have obtained a favorable recommendation from Planning and Zoning and no one opposing the request. The application is consistent with the comprehensive plan. This annexation will square up the property and allow WOW Logistics to accommodate the expansion of their facility. No operational changes are anticipated; economic activity is anticipated to be positive. They are asking council to approve the annexation ordinance and given the distinct confines of the construction they are asking for suspension of the rules as allowed by Idaho Statute and pass the ordinance tonight. Howard Kamerer, CEO of WOW Logistics, 3040 W Wisconsin Ave, Appleton WI 54914, was given the oath and testified in favor of the annexation. He stated it is critical to get back on a normal construction schedule. The property will not have a new or unusual use. As time is of the essence he also asked for consideration to pass the ordinance tonight. Testimony by Applicant: John Fitzgerald, P.O. Box 1906 Twin Falls, ID, representing Davis Family Idaho, LLC, was given the oath and testified on behalf of the Davis Family LLC, owner of the property. He noted the second request is to de-annex the parcel beside it to square up the property and make it one parcel. The Jerome County Assessor is in favor of the de-annexation as well. There being no further testimony to be heard, the Chair closed the hearing at 5:46 p.m. PUBLIC HEARING REGARDING DAVIS FAMILY DE-ANNEXATION REQUEST: This being the time published to consider de-annexation of a portion of the NW1/4 of Section 25, Township 8 South, Range 16 East, Boise Meridian, Jerome, Idaho, the Chair opened this public hearing at 5:47 p.m. and briefly reviewed the procedures that will be followed. Staff Presentation: Ms. Chavez stated this request is also from Davis Family Idaho LLC. They are asking to exclude approximately 1.8 acres from the corporate limits of the City of Jerome. This request is integral to the annexation request. The intent is to square up the parcel and allow for the WOW Logistics expansion. No planning and zoning approval was required. City council has the sole authority to exclude property per Idaho Code.

3 Testimony by Applicant: John Fitzgerald, P.O. Box 1906 Twin Falls, ID, representing Davis Family Idaho, LLC, still being under oath, testified for the applicant. He reiterated the comment from the testimony regarding the property annexation above and again requested suspension of the rules to allow adoption of the ordinance tonight. There being no further testimony to be heard, the Chair closed the hearing at 5:49 p.m. CONSENT CALENDAR: Those items contained in the consent calendar are as follows: 1. Approve the minutes of the March 14, 2015 special meeting, the March 17, 2015 regular meeting, and the March 17, 2015 executive session 2. Approval to purchase eight OptiPlex 7020 Computers and related equipment at a cost of $11, Kathy Markus 3. Approval to purchase nine (9) HP Elite Revolve G3 computers and five (5) docking stations at a cost of $17, Kathy Markus Councilman Culver made the motion to approve the consent calendar as presented. Second to the motion was made by Councilwoman Soto. After consideration the motion passed unanimously by the following vote: AYES: Councilwoman Soto, Councilman Culver, Councilman Ross, and Councilman Peterson. NAYS: None. EMPLOYEE OF THE QUARTER LANE SICKLES: Mayor Davis announced Fire Lieutenant Lane Sickles has been named Employee of the Quarter. Chief Hughes stated Lt. Sickles was nominated for employee of the quarter for assisting a small girl walking alone on the frontage road. She had been left on the bus alone; he notified police and was instrumental in getting the five year old safely home to her family. Mayor Davis awarded Lt. Sickles with an award certificate and gift certificate. CITIZEN CORRESPONDENCE, ISSUES, AND REPORTS: The clerk read a letter from the Jerome City Urban Renewal Agency delivering the Calendar Year Report for 2014 activity. Peg Roberson, Curator of the Jerome Historical Society appeared before council to explain a problem with parking at the museum. Persons using the park and tennis courts use all of the museum parking. The public chooses not to use street parking. She is requesting museum parking only signs. She noted our youth are still skating on the museum ramp. Councilmembers directed staff to look at the situation and make appropriate signs. Mr. Williams noted there are no designated parking spots in the lot; paint can be put down. Chief Hall stated skating is not allowed in the downtown business district. He explained if the children are asked to leave the premises and they refuse, staff can report the incident to the police dispatch and someone will assist in the removal.

4 Mr. Williams requested this item be back on the agenda in two weeks after staff has had time to review the situation. ORDINANCE NO. 1139, BILL NO. 624: Councilman Culver sponsored Bill No Councilman Culver made a motion to suspend the rules pertaining to the reading of an ordinance on three separate occasions and have the clerk Read Bill No. 624 three times by title only. Second to the motion was made by Councilwoman Soto. Councilman Ross recused himself because of his employment association with the applicant. After consideration the motion passed unanimously by the following vote: AYES: Councilwoman Soto, Councilman Culver, and Councilman Peterson. NAYS: None. The clerk read Bill No. 624 three times by title only to constitute three full readings. The ordinance in full is as follows: ORDINANCE NO BILL NO. 624 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF JEROME, IDAHO, ANNEXING 1.8 ACRES OF REAL PROPERTY; PROVIDING FOR ZONING; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has identified a parcel of real property contiguous to the City of Jerome which it desires to annex; and, WHEREAS, the owner of the 1.8 acre parcel has consented in writing to its annexation; and, WHEREAS, the 1.8 acre parcel is contiguous to the City of Jerome; and, WHEREAS, the real property is annexable pursuant to Idaho Code ; and, WHEREAS, a metes and bounds description describing the real property is set out below; and, WHEREAS, the Jerome City Planning and Zoning Commission held a public hearing on March 10, 2015 and determined that the Heavy Industrial (M-2) zoning request for the 1.8 acre parcel described herein is in compliance with the City of Jerome s Comprehensive Plan; and, WHEREAS, the Jerome City Planning and Zoning Commission forwarded its recommendation for the zoning of the real property to the Mayor and City Council for their consideration; and, WHEREAS, a public hearing to discuss the recommended zoning designation was held on April 7, 2015, before the Jerome City Council, and it was determined the Heavy Industrial (M-2) zoning request for 1.8 acre parcel described herein is appropriate, BE IT THEREFORE ORDAINED BY THE MAYOR AND COUNCIL of the City of Jerome, Idaho, as follows: Section 1: Annexation of Real Property. The following tract of real property, is hereby annexed to the City of Jerome, Idaho. A Portion of the NW1/4 of Section 25, Township 8 South, Range 16 East, Boise Meridian, Jerome, Idaho, more particularly described as follows:

5 COMMENCING at the North quarter corner of said Section 25, said corner lies North West feet from the Northeast corner of said Section 25; THENCE, South West feet along the East boundary of said NW1/4 of Section 25 and being the REAL POINT OF BEGINNING; THENCE, South West feet along said East Boundary; THENCE, leaving said East boundary, north West feet; THENCE, north East feet to said REAL POINT OF BEGINNING. Containing approximately 1.80 acres. Section 2: Zoning of Annexed Property. The above described property is hereby zoned Heavy Industrial (M-2). Section 3: 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 include the tract of real property as described in Section 1 of this ordinance. Section 4: 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 5: Effective Date. This ordinance shall be effective upon its passage, and publication as required by law, and approval of the Idaho State Tax Commission. PASSED BY THE COUNCIL this 7th day of April, SIGNED BY THE MAYOR this 7th day of April, ATTEST: /s/ Shonna Fraser SHONNA FRASER, CITY CLERK /s/ David M. Davis DAVID M. DAVIS, MAYOR Councilman Culver made a motion to adopt Bill No. 624 as Ordinance No Second to the motion was made by Councilwoman Soto. Councilman Ross was again recused from voting. After consideration the motion passed unanimously by the following vote: AYES: Councilwoman Soto, Councilman Culver, and Councilman Peterson. NAYS: None. ORDINANCE NO. 1140, BILL NO. 625: Councilman Culver sponsored Bill No Councilman Culver made a motion to suspend the rules pertaining to the reading of an ordinance on three separate occasions and have the clerk Read Bill No. 625 three times by title only. Second to the motion was made by Councilwoman Soto. Councilman Ross recused himself because of his employment association with the applicant. After consideration the motion passed unanimously by the following vote: AYES: Councilwoman Soto, Councilman Culver, and Councilman Peterson. NAYS: None.

6 The clerk read Bill No. 625 three times by title only to constitute three full readings. The ordinance in full is as follows: ORDINANCE NO BILL NO. 625 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF JEROME, IDAHO, EXCLUDING APPROXIMATELY 1.8 ACRES OF REAL PROPERTY MORE PARTICULARLY DESCRIBED AS A PORTION OF THE NE ¼ OF SECTION 25, TOWNSHIP 8 SOUTH, RANGE 16 EAST, BOISE MERIDIAN JEROME COUNTY, IDAHO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has identified a parcel of real property within the City of Jerome which it desires to exclude; and, WHEREAS, the owner of the approximately 1.8 acre parcel has consented in writing to its exclusion; and, WHEREAS, the parcel of which the 1.8 acre parcel is a part is oddly shaped and is located on the current boundary of the City of Jerome and this exclusion creates an opportunity to provide symmetry and uniformity to a portion of the City s boundary; and, WHEREAS, the real property is excludable pursuant to Idaho Code ; and, WHEREAS, a metes and bounds description describing the real property is set out herein; and, WHEREAS, a public hearing to discuss the recommended zoning designation was held on April 7, 2015, before the Jerome City Council, and it was determined the exclusion of the 1.8 acre parcel described herein is appropriate, BE IT THEREFORE ORDAINED BY THE MAYOR AND COUNCIL of the City of Jerome, Idaho, as follows: Section 1: Annexation of Real Property. The following tract of real property, is hereby excluded from the boundaries of the City of Jerome, Idaho. Commencing at the North quarter corner of said Section 25, said corner lies North West feet from the Northeast corner of said Section 25; Thence, South West feet along the West boundary of said NE ¼ of Section 25 to a point on the Southwest right-of-way of the Union Pacific Railroad and being the REAL POING OF BEGINNING; Thence, South East feet along said Southwest right-of-way;

7 Thence, leaving said Southwest right-of-way, South West feet to a point on said West boundary of the NE ¼ of Section 25; Thence, North East along said West boundary to said REAL POINT OF BEGINNING. Containing approximately 1.80 acres. 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 include the tract of real property as described in Section 1 of this ordinance. 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, and approval of the Idaho State Tax Commission. PASSED BY THE COUNCIL this 7th day of April, SIGNED BY THE MAYOR this 7th day of April, ATTEST: /s/ Shonna Fraser SHONNA FRASER, CITY CLERK BY: David M. Davis DAVID M. DAVIS, MAYOR Councilman Culver made a motion to adopt Bill No. 625 as Ordinance No Second to the motion was made by Councilwoman Soto. Councilman Ross was again recused from voting. After consideration the motion passed unanimously by the following vote: AYES: Councilwoman Soto, Councilman Culver, and Councilman Peterson. NAYS: None. RESOLUTION NO AUTHORIZATION TO DESTROY RECORDS: The clerk read Resolution No in full as follows: RESOLUTION A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF JEROME, IDAHO AUTHORIZING THE TRANSFER OF PERMANENT RECORDS TO THE IDAHO STATE HISTORICAL SOCIETY AND DESTRUCTION OF SEMI-PERMANENT AND TEMPORARY RECORDS.

8 WHEREAS, the City of Jerome adopted a records retention policy on November 6, 2008 pursuant to the provisions in Idaho Code , and WHEREAS, records that are not considered permanent shall be retained for the period specified in the retention schedule and until destruction is approved by resolution of the City Council pursuant to the provisions of Idaho Code , and WHEREAS, records identified as permanent shall not be destroyed, but shall be retained by the city in perpetuity or transferred to the Idaho State Historical Society s Permanent Records Repository for permanent retention upon resolution of the City Council, and WHEREAS, the Idaho State Historical Society has been notified thirty (30) days prior to the disposal of any such original semi-permanent and temporary records the city intends to destroy, and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Mayor and Council of the City of Jerome, Idaho as follows: Section 1: The City s Attorney has reviewed and recommended approval for destruction of the foregoing semi-permanent and temporary records attached as Exhibit A which shall be disposed of under the direction and supervision of the city clerk. APPROVED BY THE MAYOR this 7 th day of April, SIGNED BY THE MAYOR this 7th day of April, ATTEST: /s/ Shonna Fraser SHONNA FRASER, CITY CLERK BY: David M. Davis DAVID M. DAVIS, MAYOR EXHIBIT A ATTACHMENT TO RESOLUTION NO FINANCE AND UTILITY ACCOUNTS Semi-Permanent Records: Prior to September 30, 2009 Copies of Cafeteria Checks Payment stubs Utility billing registers Accounts Payable :Purchase orders, invoices, cancelled checks, cancelled check stubs, checking account statements Accounts Receivable Registers, balance reports On and Off applications for utility service Wellness Program records Department monthly reports

9 Treasurer s Quarterly Reports Workman s Compensation Records Paid Insurance Claims Unclaimed Property Reports Receipt books Interim Finance Reports General Ledger Files FY 2003, 2005 General Ledger TUBBALS FY 2006, 2009 Payroll reports FY 2005, 2006 Bank Statements FY 2001, 2002, 2003, 2006, 2007 Travel planners 2009 ADMINISTRATION Semi-permanent Records (5 years) Website proposals 2009 Completed agreements prior to 2009 Affidavits of publication (not related to land use or ordinances)department reports Licenses Miscellaneous taxicab, childcare, itinerant, liquor catering, liquor beer and wine licenses no longer in business Invitations to bid Unsuccessful bids Credit card proposals Closed Grant files Temporary Records (2 years) Election ballots voted, unused, absentee, spoiled, and ballot stubs Public records requests 2012 Proclamations requested by outside entities Urban Renewal handwritten index sheets City Council handwritten index sheets Bid opening index sheets - handwritten HUMAN RESOURCES Semi-permanent (10 years) Reserve Police applications Terminated Employee personnel files documenting work history Personnel litigation file Seasonal applications Police overtime, internal investigations, complaints, applications, recruiting records, Testing, background check PUBLIC WORKS Semi-Permanent 5 years Copies of purchase orders prior to 2010 Task logs Water system daily reports Certification by City Attorney

10 I, John B. Lothspeich, City Attorney for the City of Jerome hereby certify that I have reviewed Resolution No requesting that certain public records be approved for destruction pursuant to Idaho Code Section (4). I further declare it is my opinion that the aforementioned records named in Exhibit A as attached to Resolution No fall within the classification of semi-permanent or temporary records as defined in Idaho Code (2)(a-g) and (3) (a-d), respectively, and may be approved for destruction under the direction and supervision of the city clerk. Dated this 1st day of April, /s/ J.B. LOTHSPEICH John B. Lothspeich, City Attorney EXHIBIT B Attachment to Resolution No None Ms. Fraser requests approval to destroy semi-permanent and temporary records as noted in Exhibit A of the resolution. There are no permanent records for transfer to the Idaho State Historical Society at this time. In accordance with the policy and state statutes, the city clerk has received approval from the city attorney for destruction of said records. Councilman Culver made a motion to pass Resolution No Second to the motion was made by Councilwoman Soto. After consideration the motion passed unanimously by the following vote: AYES: Councilwoman Soto, Councilman Culver, Councilman Ross, and Councilman Peterson. NAYS: None. APPROVE FINAL PLAT OF JJF SUBDIVISION: Councilman Culver made a motion to approve the final plat of the JJF Subdivision. Second to the motion was made by Councilwoman Soto. After consideration the motion passed unanimously by the following vote: AYES: Councilwoman Soto, Councilman Culver, Councilman Ross, and Councilman Peterson. NAYS: None. APPROVE BEER LICENSE FOR ON PREMISE CONSUMPTION FOR TIGER STOP: Mr. Williams stated Mr. and Mrs. Isaac Licano are present to answer any questions. He explained the Licano s operate the Tiger Stop located at 1034 North Lincoln. This business is a convenience store and small restaurant. They currently sell retail beer in the convenience store. With the expansion of the restaurant and at the request of their customers they have submitted an application to serve alcohol on premise. Upon application to the state he was informed his establishment on the corner of North Lincoln and 10th Avenue East is approximately five feet too close to Summit School on 10th Avenue East and approximately two feet too close to the Calvary Chapel Church on North Lincoln when measured to the property lines of the church and school. He is requesting a waiver of the 300 feet from a church or school rule to allow him to serve his patrons. Mr. Williams contacted the Jerome School District and the Calvary Chapel Church regarding the application for the waiver. Both entities have indicated that they are taking a neutral position on the application. The owners will need a waiver from the city as allowed by state statute.

11 Mr. Lothspeich stated the governing body can approve the waiver. Upon his interpretation of the statute Idaho case law indicates the most literal meaning must be used. He interprets the law as the public school or church being the structure. This request is a mere few feet from the property line. He stated if the free use and enjoyment of property is in conflict with a governing law, whether it s a local land use planning act or in this case an alcoholic beverage statute, if there is an ambiguity it should be ruled in favor of the property owner for the free use and enjoyment of property. Councilman Ross stated if the church and school are both taking neutral positions he is okay with it. Councilman Culver made a motion to waive the requirement for on-premise consumption of beer to be at least 300 feet from a church or school, and approve the application of Isaac Licano for an on-premise consumption beer license for the Tiger Stop located at 1034 N Lincoln Avenue, pending receipt of state and county license and passing all necessary inspections and compliance with all Jerome Municipal Code requirements. Second to the motion was made by Councilwoman Soto. After consideration the motion passed unanimously by the following vote: AYES: Councilwoman Soto, Councilman Culver, Councilman Ross, and Councilman Peterson. NAYS: None. APPROVE PARK USE APPLICATION FOR VETERANS APPRECIATION BBQ: Ron Posey, Chairman of the Vietnam War Commemorative Partner Committee requested free use of South Park on June 13 th for a Veterans Appreciation barbeque to honor local veterans. The event will be open to the public, with an estimated attendance of around 200 citizens. No planned activities should create any harm to the park. The hot dogs French fries, soft drinks, and water are free to the public. The event will be held from noon to 3:00 p.m. Councilman Culver noted donations can be made for the committee. Councilman Culver made a motion to approve the application of the Vietnam War Commemorative Partner Committee for a permit for Commercial use of the South Park on June 13, 2015, and waive any application and permit fees due to the civic nature of the event. Second to the motion was made by Councilwoman Soto. After consideration the motion passed unanimously by the following vote: AYES: Councilwoman Soto, Councilman Culver, Councilman Ross, and Councilman Peterson. NAYS: None. APPROVAL TO AWARD N LINCOLN ROAD REHAB/WATER LINE CONTRACT: Mr. Wuori stated one bid was received for the N. Lincoln Road Rehabilitation and Water Main project. The project was advertised as legally required in the Times News and was also advertised in 3 plan rooms throughout the region. Staff recommends accepting the one bid which is reasonable and under budget. North Lincoln will be rehabilitated using the Cement Recycled Asphalt Base Stabilization (CRABS) and repaving from 8 th Avenue to 16 th Avenue and 1100 linear feet of water main will be installed with the City providing piping and materials. The water main was recently identified as needing upgrade in the Water Master Plan and needs to be done before the road is repaired. The CRABS road rehabilitation process grinds up the existing asphalt and base and mixes in cement to create a solid base for the new asphalt which is paved over the compacted CRABS surface.

12 Mr. Appell noted the bid is under budget by approximately $25,000. Upon approval the bidder will be notified. The project will hopefully not begin until after school lets out. This depends on when the grinder is here; the project will take approximately two weeks. Traffic plans will be presented. Mayor Davis stated he would encourage the least impact on businesses as possible. Councilman Culver made a motion to approve a contract award to Idaho Sand and Gravel Co. for the construction of the North Lincoln Road Rehabilitation and Water Main project for the bid amount of $307, Second to the motion was made by Councilwoman Soto. After consideration the motion passed unanimously by the following vote: AYES: Councilwoman Soto, Councilman Culver, Councilman Ross, and Councilman Peterson. NAYS: None. APPROVAL TO PURCHASE TRIMBLE R8 GPS EQUIPMENT: Mr. Wuori stated this is a budgeted item. The engineering department s current GPS equipment is 13+ years old and was bought used in Engineering staff has been working with Monsen Engineering of Salt Lake City. Recently developments have occurred that allow the city to participate on a data reference network, accessible wherever LTE (Long-Term Evolution) telecommunication is available. This LTE is the same type our phones run on which allows us to have state of the art equipment and data along with a backup base station if necessary. Ten years participation in the LTE network is less expensive than a GPS unit of lesser quality. Troy Monsen, representing Monsen Engineering stated this equipment allows equipment already owned to be used in conjunction with the network. It allows for higher accuracy measurements for GPS with a lower cost. GNSS global navigational equipment has the ability to measure distances to a centimeter. Engineering will use the equipment for measuring improvements, construction projects, anything needing to be measured for engineering applications. Upon inquiry, Ms. Presnell stated she has been trained to use this equipment and stated it is similar to what the city has now. Councilman Culver made a motion to approve Mayor Davis to sign an agreement with Monsen Engineering for the purchase of a Trimble R8 GPS equipment and the first year VRS agreement for a total cost of $19,603. Second to the motion was made by Councilwoman Soto. After consideration the motion passed unanimously by the following vote: AYES: Councilwoman Soto, Councilman Culver, Councilman Ross, and Councilman Peterson. NAYS: None. APPROVAL TO RENEW THREE YEAR MICROSOFT ENTERPRISE AGREEMENT: Ms. Markus stated the city has an enterprise agreement with Microsoft for 92 computers, 6 servers and various software products. The annual cost of renewal with the existing machines is $17, The existing contract was reviewed and the Project Manager software that is not being utilized has been removed. She noted all of their agreements are three year agreements. If any equipment is added a true-up will be added and licensing will be added. There were two computers added this year that are within the cost. This cost is for one year. Councilman Culver made a motion to approve the renewal of the three year Microsoft Enterprise Agreement from Dell for an annual cost of $17, Council has found this

13 agreement to be an ordinary and necessary expense allowed under Article 8 Section 3 of the Idaho Constitution. Second to the motion was made by Councilwoman Soto. After consideration the motion passed unanimously by the following vote: AYES: Councilwoman Soto, Councilman Culver, Councilman Ross, and Councilman Peterson. NAYS: None. DISCUSSION REGARDING FIREWORKS CODE: Mr. Williams stated staff has been working on an update to the fireworks code for the past few weeks. He noted this is an issue that has been gaining steam over the past few years. Mr. Lothspeich is working on a potential ordinance. This discussion is to get council opinion. The good fireworks are easier to get; being wakened by loud booms is becoming very common. The current code does not have any measures to control this. Mr. Williams asked if council wishes to control hours allowed to set off fireworks, and/or implement an infraction for their improper use. Councilwoman Soto asked Chief Hall if this would add to his problems. He stated he will not be able to eliminate all of the illegal fireworks, but it will slow it down. Mr. Lothspeich stated current code does not prohibit possession of the fireworks, only the sales. Mayor Davis is in favor of restricting early hours of the night. The current code does nothing to regulate hours for setting off the fireworks. Mr. Williams stated the City of Twin Falls recently adopted an ordinance with hours of use to be limited to before midnight; they also added a graduated infraction scale for offenders. Chief Hughes noted the state fire code allows fire department staff to confiscate fireworks from citizens using them in an unsafe manner. He noted they don t do it often. He stated noise, safety, and fire danger are the big impetus for some control. Chief Hall stated the police generally take a graduated approach. If someone is in possession of illegal fireworks they would probably confiscate them. They use a confiscation, warning, and then consequences method. No automatic ticket would be served unless they are found to be doing something incredibly stupid or dangerous. Councilman Ross would rather approach the issue as a public nuisance. Councilman Culver wants possession banned in the city. Councilman Peterson asked for information regarding dangerous fireworks. The fire chief is happy to provide that material. It was agreed the ordinance would need to include what fireworks are illegal, give teeth to law enforcement to enforce the law, and set times allowed to set off legal fireworks. Councilman Peterson is interested in bringing a fireworks display back to the city. Discussion was held regarding what the city needs to do to bring that back. COUNCIL REPORTS: Councilwoman Ross reported Saturday May 2 nd at 8:00 a.m. there will be a downtown cleanup effort. He asked for staff support. There will be a barbeque at the end of the day. Mayor Davis stated during the strategic planning session, discussion was held regarding the small town feeling of the community. Jerome had a Johnny Horizon Day in the past with everyone cleaning the streets and sides of the road. He is considering a proclamation to designate a certain day in May as our cleanup day. Any ideas for involving the community are

14 appreciated. Block parties could also be considered. He commented he participates in them on his block. DEPARTMENT REPORTS: Mr. Williams reported he attended the Select USA conference in Washington DC. He was very busy in conversations with foreign investors. It was a tremendous opportunity to represent the state and Jerome in particular. He noted foreign investments take a lot of time. They will be followed up with. Economic development groups and sight selectors were also in attendance. He thanked council and URA for allowing him to go. He reported the strategic plan is moving forward. A document will be put together for staff to start working on fleshing out the plan. Findings on the compensation model, information on the area of impact, sign committee recommendations, and mobile food vendors will all be presented at the next council meeting. ADJOURNMENT: There being nothing further to discuss, this April 7, 2015 regular meeting of the Jerome City Council adjourned at 6:57 p.m. Attest: Mayor Dave Davis Shonna Fraser, City Clerk