Mayor Hawkins and members of the City Council met for a regularly scheduled meeting on Monday, February 14.

Variance Hearing

Danny and Crystal Bates requested a variance on their property for construction, which fell under the minimum lot size.  The complication in this case is that the lot is large enough if an access easement the city has on the property is not counted against the square footage.  PZ Chair Shelly Williams reported on the earlier hearing for the variance, held on February 1.  Williams reported that the PZ commission recommended that the variance be passed, but with the understanding that the easement was involved and the original survey be used as the reference point.  The city requires an 8000 square ft lot as a minimum for building.  The property meets the requirement if the easement on the property is factored into the total.

Anything built on the property would not be located on the area of
the easement.  

Williams reported that no members of the public had attended the hearing to voice any concerns about granting the variance.

City Attorney Brett Evanson explained the policy on variances, and how the conditions for this case were met by the applicant.  4 factors that are used to make decision.  Listen and draw it out.  

The hearing was closed. 

The City Council moved to follow Planning and Zoning recommendation and grant the variance.  The motion passed unanimously.

Camille Miller—Forsgren

Camille Miller, representing Forsgren Associates, spoke to the council about the TAP project and ITD grant. The TAP project covers curb and gutter on Bannock.  The ITD grant needs to be spent by Nov 2024.  She was checking whether it was actually the case that the funds needed to be spent by that point.  There is a possibility that all the grants might be moved to the same time frame.  ITD will be contacting Miller soon to update the council and engineers on the project.

The fee for the design of the ITD project was originally $294K, and Camille would like to lower it to $255,780.  This is due to a limit on the amount which can be charged based on the total amount of the award.  Evanson suggested that if the only change was to lower the cost to the city, he did not see a problem with it.  A motion to amend the agreement down to $255,780 was approved.

A Forest Service grant for the city was originally proposed at $2+ million.  The grant was awarded at 1 million dollars.  Because the original project under the grant proposal was for $2.1 million, an updated proposal is needed to account for change in scope.  The project is designed to “enhance the tree canopy cover in the city.”  Forsgren wanted to know what the city wanted to do with the funds to fulfill that.  

The original plan called for a “bioinfiltration swale” to collect storm water for treatment, and then use it to water newly planted trees along the north side of the park, as well as an asphalt pathway around the collection area.  A sprinkler system and sod for the fields were also included.  

The priority was determined to be in the drip area and the trees.  A separate FEMA grant should help to cover the bioinfiltration swale portion of the project.  The result will be a built up berm on the north side of the park.  There will be an area where storm water is collected to water trees, with a berm on the border.  A walking path will follow the berm.  The retention area is not designed to hold water in an ongoing way.  Rather, it will serve as a collection area for storm water during statistically uncommon rain events.  Tyrell Neal inquired about the city’s liability for open water sources in the park with regard to drowning.  Miller suggested that the swale would not be the same as a pond, outside of “fifty year” rain events.

Forsgren and the city worked at trying to get the total proposal down to 1 million, so that none of it would have to come out of pocket.  The total area is about 9 acres.  The additional water, wear, and maintenance were discussed as factors in the decision.  The Forsgren design fee was lowered to ten percent of the entire cost.  The grant administration fee was also lowered.  

Around 400 new trees will be planted under the grant, at $500/tree.  The potential for reducing costs by inviting people to help plant the trees was raised.  The number of trees could also potentially be reduced and still meet the requirements for the grant.  An individual would need to be hired to take on the park duties related to maintaining the trees in this new project area.  

Evanson suggested that he felt focusing on the south field’s grass would be the best benefit to the park/program as a whole, rather than spreading the efforts too thinly in a number of areas.  

City Superintendent Tyler Webster thinks the city will probably need a new mower.  

The construction of the berm, retention pond, sprinkler, mower, trees, and other stated items would be just at the 1 million.  

Forsgren is meeting with the Forest Service next week to discuss the plan and fine tune the scope of the project.  

City Treasurer Terrill Schwartz wanted to know if the power company or anyone else would help replace the power poles on Bannock, or whether lights consistent with the lights in the park would have funding available.  In his opinion, those lights would make the park safer, and make the corridor more attractive.

Streetlights

The council discussed the streetlights on Main Street.  Superintendent Tyler Webster found that one light was broken in front of the Legion building.  Many of the lights are out on the street, so Webster thinks that there might be electrical problems in the system.  After the light near the Co-op went out, so did the other ones.  In his estimation, it is not a lightbulb problem, but a broader electrical problem.

Terrill Schwartz asked how many lightpoles needed to be replaced?  Tyler believed it was between 4 and 6. 

Webster felt that while similar poles could be purchased to replace them, it would make more sense to use LED lights like those currently. In use in the city park. 

Everyone notes how its completely dark in the morning.  

The council discussed the possibility of moving the light poles back from the street, to try to prevent the problem of people running into them.  Tyrell Neal explained that in his opinion whether new or old poles were in use, they would get hit.  He wondered whether the poles could be
moved back?  

Webster agreed that moving the light poles back was a good idea.  

The potential to “stripe off” some of the spots in order to offset the parking stalls from the lightpoles was raised.  Creating a handicapped spot at one or both ends of the parking area would create a natural offset in the
parking stalls.

Councilmember Tripp explained that he would like to see a more permanent solution in the form of moving the lights back from the street.  It was noted that Main Street experiences time periods of high traffic, generally during times when dance classes, or other events on Main Street let out, especially those involving parents parking early to pick up their kids.

Tyler Webster stated that he would obtain bids on moving the poles back from the road, as well as replacement LED lights. 

Park

The grill for the concession stand has been around for a long time, and Councilmember Tripp thinks they should put a permanent one inside.  The grill is itself was estimated at about $650, but the exhaust system is another $2000 or more additional cost.  

Councilmember Larry Thomas expressed the belief that it would be safer indoors, and it should be upgraded.  He also suggested that rather than buying a used grill, the equipment should be purchased new so that it lasts, and is verified to be in good condition.  

Councilmember Tripp will explore the possibilities for replacement.

The grill would use the propane from the building.  He anticipates that $5K will be more than needed.  Councilmember Tripp will get a bid before baseball starts in March.

A motion to allow Tripp to get a bid on grill, stall, and exhaust system
was passed.

Mayor Hawkins brought up the issue of the need for repairs to the walking path, and crackseal/seal coating it.  Tyler Webster said that he was aware of the problem, and needed to repair the cracks before water soaked in.  A bid was in the works for the project.  

Co-op building

Tony McClain from Boy Scout Troop 1776 is looking for a permanent place to have scouts.  He asked about using some section of the Coop bldg.  McClain was interested in using the old hardware store section.  With regard to the specific use of the Co-op building, it was determined that the amount of material upgrading the facility would need in order to make it usable for Boy Scouts would not be accomplished in the near term.  Some ideas about renovating the building had previously been discussed between contractor Brad Hess and the City Council, but those ideas were not currently being implemented.

Another idea for the scouts that was raised was that of purchasing a portable building and allowing it to be located on city property.  The building would be used for meetings and to store materials.  The Boy Scouts have been meeting at area churches, but would like a more permanent location that they would be able to utilize for a range of activities, and a place for the kids to feel “like its their place.”  

It was agreed by the council as a whole that the Co-op building was not suitable for use at present, but that they would support the portable
building option.

Parking Ordinance

Alan Hodges, president of the Idaho Trucking Association called about signs that don’t match the ordinance about truck noise.  He had talked to Clay Handy about submitting a bill that would allow parking by trucking companies anywhere in town.  Brett Evanson stated that Malad can’t limit trucks stopping in town.  Some limits on trucks parking in towns were discovered in case law, but those limits related primarily to safety issues, rather than noise and nuisance complaints. The League of Cities has some additional material on the question, but Evanson stated that overall it looks like the situation is a bit of a gray area.  Evanson did not think that the city should pursue litigation on the issue, but that a compromise situation should be sought.

AIC and other city organizations are making the case to Rep Handy that the bill is a bad idea for municipalities, and members of the city council were encouraged to reach out to the representatives and Senator Anthon with their opinions.  The bill has been presented, sponsored by Handy.  

Evanson says the road into town is considered a state highway, and can only be restricted in the case of a safety concern.  The central issue is the federal law that is concerned with safety on the road due to sleep-deprived drivers, and the rights of towns to enforce nuisance ordinances against running semis, most often refrigerator trucks that must be kept running.

Recreation Board

The new rec board has been appointed, including Krishele Jensen, Hayden Montgomery, Melissa Firth, Scott Wray.  A motion to approve their appointment passed.

John Christophersen Report

Code Enforcement Officer Christophersen reported that there are 4 dogs in the pound.  He has been working on grant with Oneida Crisis Center for the pound.  In town, he has been working on getting cars off the streets for clearing the road.  He also announced that he had filed the paperwork to run for the sheriff’s office, and would look at potentially getting Code Enforcement back in sheriff’s office down the road. 

PZ

Shelly Williams spoke to the City Council.  The council approved Madison Jones as a member of PZ.  Bryce Gooden submitted a preliminary plan for a subdivision of Hwy 38.  JUB has recommended a number of things that need to happen.  Discussion about who has to take care of the engineering issues recommended by JUB was had.

Evanson explained where in the ordinances the necessary steps for approval for a subdivision is located.  (Pg 62 of the document.)  

The codification company has stopped right before the PZ section.  It was felt that this was due to the number of pages agreed to by the codification company and the length of the PZ section of the code.  They will need to be contacted about what they’re doing with the code.  

Basically, the PZ commission doesn’t feel like they have the expertise to really do much to the PZ part of the ordinances in situations where legal issues are potentially involved.  Williams stated that if the city wanted someone to go through the PZ Ordinances section that the commission can’t add too much to what is already in there.  

Recently, the PZ commission changed the meeting times for the PZ committee, but Brett Evanson found that the there is a 14 day minimum limit before the city council hearing can be scheduled, which will require a change to the meeting days again.  

Lance Tripp suggested working on the part of the code that deals with tiny homes, and open space in subdivisions.  An ordinance dealing with Air BnBs was also discussed.  There are 13 in
the county.  

Tyler 

The lift station is now operable, and sewage is being pumped up to the treatment plant.  The wifi will be installed soon.  

Webster met with a consultant about fire hydrants, and about whether repair or replacement would be a better idea.  He was informed that it will cost the same to replace as repair.  They will start as soon as weather breaks in the next couple weeks.

Webster asked Councilmember Larry Thomas about when the cemetery board meets.  Webster wanted to get across to the board that people have been leaving tracks and marks on ground near gravesites in the cemetery.  Webster explained that if the city had a smaller 4WD tractor with turf tires that would be a better thing to use to avoid marking the surface.  

A bid for the salt tent was received for a bit more than $17,000.  Although Webster felt that the city had lost some salt content to weathering, the real reason a cover is needed is that a cover is an EPA
requirement.

A motion to approve $17,750 to a erect salt dome and cover was passed.

Brett Evanson 

The City Attorney reiterated that the codification process for the city’s ordinances was underway, and should be finalized by March.  

Larry Thomas

Thomas reported that one of the walkers on the greenbelt keeps asking him about the lights in the park.  Webster explained that there is one pole that isn’t coming on.  One of the graves in the cemetery has sunk.  As soon as the weather is better, webster will look into repairing the issues.

Tyrell Neal  

Neal suggested that the city take a look at South Main and Jenkins Ave for chipping/ resurfacing/etc.  He reminded the council that part of the project in the fall was cleaning out the planter boxes by the Veterans memorial.  Neal asked that the city make sure plants there get watered.  WWebster explained that individuals could hook into the spigot by the
water fountain.  

An issue of a large landscaping water truck filling up at the water tank at Maverik
was raised.  

Lance Tripp

Tripp announced that the pickleball court would be opening in the next month or two.  He suggested that they needed signs to number the courts in order to eliminate confusion and assist in scheduling.  He estimated a cost of about $25-30 per sign, for eight total signs.