Editor’s Note: Everyone in the office thinks that I am most likely suffering from some mental illness that makes me look forward to writing City Council and County Commission meetings.  But I do!  I think it’s fascinating and important to see how the gears of a local government grind, and I’ve been privileged to be allowed to take part in those meetings as a visitor for several years.  That being said, sometimes space and other issues simply won’t permit running a full report in a timely manner, and that honestly makes me a little sad when it happens.  This is a truncated version of the normal reports for November and December, but at this point its’s better something in a reasonably late time than nothing immediately.  

Part of the November City Council Report was truncated for space, and precedes the shorter December report here.  

NOVEMBER 

Code Enforcement

Picking up on the topic of crosswalk safety, John Christophersen noted “One thing I noticed as a deputy—it surprised me how many people in this community did not yield to pedestrians.  That’s something that I noticed in my patrol.”  

Christophersen stated that he had received calls from the sheriff’s office regarding parking issues.  He explained that he is not equipped to do traffic stops, and his purview includes 48 hour parking and abandoned vehicles.  

“Since I’ve been back—I’ve had a lot of dog complaints in the last couple months.  I had one the other day that was vicious.  It was even aggressive toward me,” he noted.  In consultation with the local vet, a tranquilizer gun was recommended.  

The solution was deemed to be a vet administrated gun, where the doctor fills the darts. The estimated cost is between 300-1000 dollars for a full kit.  The downside is that it can take 8-10 minutes.

Christophersen was asked about the frequency of vicious dogs.  “I’ve had three the last month.  They had one at the school where they kept kids in from school.  A recent one was on notice, and has been marked as a vicious animal.  I’d use some discretion.  I wouldn’t use it on just any dog,” he said.

Lance Tripp stated, “I feel like you know more than anyone what you need to do your job.”

Christophersen said, “I’m getting to where I know which dog people are calling about.  I give them 5 days to come to the city office to pay their fine and what they need to do, then I issue a fine.”

A motion to approve up to $1000 for the equipment was passed.

Christophersen has been in communication with Attorney Brett Evanson about ordinance violations, especially abandoned vehicles on properties.  He mentioned that there were some things that were ordinances, but had originally been passed to allow the sheriff authority to enforce some laws such as loitering, curfew, etc., but which were not really the appropriate things for the CO to be policing.  

Attorney

A presentation on water rights then followed, based on information Brett Evanson received from a specialized water rights attorney.

Maps were displayed to the council showing the Malad City Water right no 15-4078 (spring) north of town, 15-4165 (spring, ne of town, and usable by the cemetery), 15-4166 (north of town, usable in city limits), 15-7151 (3 wells inside the city, usable inside CL), 15-7299 (wells within city limits).

The discussion proceeded to explore which water rights were currently being used, whether they could be used immediately if they were not currently being used, what would happen to the water claims if they were not in use, and what the laws regarding the claims were.

It was communicated that if the city doesn’t start using them, it will definitely lose them.

A recommendation to claim the fourth well under 15-7151 as a point of diversion was made.  

The two ground water rights combined can pump 651gallons/min  and 794g/min.  

Authorized place of use for all wells is within the city limits, other than the one by the cemetery.  

The question was raised about whether the city has annexed any property since the rights were secured.  A piece on Bush avenue and near the Fairgrounds were cited as fitting that description.   

Business License

Business Licenses were granted for the following businesses: Bear River Animal Hospital on 100 Wass Avenue which took over the space from Canyon View, and Let’s Play Music with Maggie Lund.  

Idaho Community Foundation

A change to the way funds from the ICA were used was discussed.  The Malad Community Foundation Board has not met recently.  The ICA gave a check to the city for Playground equipment.  Lance raised the idea that putting aside some funds a year to buy features one or two pieces at a time.  The idea is to replace the existing equipment first.  Perhaps replacing the middle feature and moving it to the location near the pickleball court.  

Playground

The issue of the city park’s playground equipment was raised.  Many members noted that they had heard people complaining about that playground.  Lance Tripp is going to move forward with a committee to start figuring out what to do with the park situation.  

December--The Malad City Council met for a regular meeting on 12/11

PZ

Melanie Coleman had approached Shelly Williams about wanting to put up a sign on school property.  She was advised that the property was surrounded by a residential zone, so it would need to be approved by way of variance.  It was suggested to put [the LED sign] on a timer, so as not to be a nuisance.  PZ will not be meeting for the month.  Bylaws make them meet 9 times a year, and they usually take December off.

Rec

Lance Tripp advised that a group of citizens had formed a soccer league, and the city was planning to work with them, but will know more in January.

Tyler Webster

An estimate to replace the water line between 2nd and 1st.  was being sought.  This will probably require new additional infrastructure.  The line is on Bannock, and is an “ancient” line. Webster asked “Do we want to remove the old line, or abandon in place?”  A preliminary estimate was $25K to take it out.  One fallback plan is to mark the location on reference materials so that it doesn’t cause problems during new construction.  $80K for the new line, plus boxes, setters, etc was guessed.  

An estimate for crosswalks was discussed. Flashing lights have to be audible.  The lowest quote was for LED flashing school lights, which came in at $9,900 with paint for a set.  The best one is solar powered, button push, $6k a piece, for $12k total.  

N Main 1st W—problems with the sidewalk have been raised, and it needs to be redone.  If this was the route, it would force kids into the side of the road.  

A discussion about the laws of a designated route was had.  The route will attempt to funnel kids through a certain path, and require fewer crosswalks/signs.  

The exact course of the recommendation (“designated”) walking route to school will be more thoroughly discussed in January.  The designation will affect the required signage and traffic flow near the school property. 

Code Enforcement

“I’ve been working on trying to get the streets cleaned up,” John Christophersen said.  He had one truck moved from the trailer park, and some others in progress.  One letter for a property on Main was served.  Shawn Hamilton will work with the owner to scrap the car, which requires a clear title.  

He ordered a dart gun and scanner.  The scanner was from money donated by a citizen.  The scanner checks to see if dog is chipped.  One dog sighted by Christophersen is on Facebook as missing from Utah, a cream colored doodle.  

One dog bite was reported, and the animal’s owner was put on notice.

Hospital called sheriff, who called John.  Code Enforcement feels like he should take those calls.  The vicious dog offense is an infraction, a civil call.  Nothing requires the police to report dog bites via Idaho Code.  A second offense gives the officer the right to destroy the dog humanely.

Brett Evanson

Evanson advised that any changes to rates need to be made by ordinance.  

Mayor Hawkins 

An issue with the way the building inspections were designated was raised.  Tory Richardson (the county’s building inspector, contracted by the city) isn’t really in charge of double checking with the city code, and it isn’t really part of Shelly Williams’ job either.  So one solution would be to pay Shelly Williams to cross check permits with the relevant code on a Part time basis.  

A related issue was whether Christophersen was supposed to enforce building permit applications for structures he saw being built.  Any structural/plumbing/electrical remodel needs a permit, though often they are not acquired.