Malad City Council was held September 13, 2000 at 6:00 p.m. at City Hall. Mayor Spence Horsley presided with council members Larry Thomas, Tom Jenkins, Ruth Zivkovic and Joe Thomas present. Also in attendance were Treasurer Terrill Schwartz, Superintendent Sid Hess, Clerk Susan Wittman, Attorney Steve Brooks, Engineer Wayne Shepherd, Sheriff Jeff Semrad, Krishele Jensen, Jay Brown, JaLynn Weeks, Denny Schwartz, Connie Lewis, Randy Jones.

Larry gave the invocation and Susan led the pledge of allegiance.

Joe moved to approve August 9, 16 and Sept. 5, 2000 minutes as written. Tom seconded the motion. The motion carried.

JaLynn Weeks reported that before this city council meeting some of the council met at the park to decide where to put the play ground equipment. It was decided to move the softball diamond back stop out 30 feet. JaLynn told the council that she is trying to put together a skate day at the skate park. She is hoping to have safety taught and then have the instructor show how to do tricks. JaLynn has asked a man about coming to Malad to teach karate. The parent group will be having a booth at the festival of trees to raise money for more playground equipment. JaLynn said that the gymnastic has asked for a budget for advertising for the year.

Mayor Horsley told the council that Alex Hudson has put some of the property line pins in on Bush Ave. and the city park. He has been called to come back and put the rest in. Spence said that he feels the city needs to put a fence up along the back of the homes on Bush Ave. that are next to the city park. There is a danger with the drainage ditch there and the residents need privacy from the greenbelt. Sid will get costs for a 4 feet or 6 feet chain link fence.

Denny Schwartz told the council that 75% of the residents want the trees removed on the park way of South Main St. There is a total of 20 residents. Thirteen residents want the trees replaced. Six residents are concerned about their sprinkling systems. Tonya Christoffersen suggested an article be put in the paper educating people about this worm. Denny said that there is 30 trees to be replaced. Tom doesn't think other city residents should pay for trees on South Main. Ruth said that she will apply for grants to replace these trees. The council decided to remove the trees and decide by spring how to replace the trees. Sid said that the city crew can remove the trees.

Denny told the council that as he went along the street he heard lots of complaints about the Governor Evans sign on the corner of North Main St. & Bannock St. People said that the sign blocks the view of on coming traffic. The trees also need to be pruned. The council instructed Sid to move the sign North of the cross walk.

Spence told the council that he has talked to High School Principal Darrell Pantalone and School Counselor Irene Alder about having a student representative on the city council. They felt it is a good idea. They will get some names for the city to decide.

Superintendent Sid Hess reported that the county has asphalted 600 North. They will overlay 400 West and chip 300 West next week. They have 2 sewer line to install. Joe asked about the sewer pipe at the industrial park. Sid said that it is ok there. Joe said that the residents on 155 South have come to him about the semi trucks driving on 155 South street to get to Thomas Market. The road is not large enough for semis. The council instructed Sid to put no truck allowed over 26,000 lbs. sign up on 155 South. Pat Origer and Cole Gardner will be contacted that they can drive their equipment on the street.

Sid was told to get the grate in front of Ed Scott Office fixed. Sid said that he will contact Blake Love about this.

Sheriff Jeff Semrad asked the council if the garbage at the schools could be picked up after school starts. The garbage truck does not have a back up beeper. He is backing up from the alley while kids are walking to school. Sid will get the back up beepers fixed. Jeff also asked the council that when a person obtains a building permit they are told that cement can not be dumped on city right of ways when the truck is washed out. Robert Brennan will be made aware of this and he can also notify cement companies. The sheriff dept has also received a complaint about the storm drainage on South Main, South of Jenkins Ave. This is a deep hole that has been full of water all summer. The residents are concerned about a child falling in. Sid will fix this. Ruth thanked Jeff for the $15.00 donated for skate helmets.

Joe was excused.

Jay Brown approached the council with concerns. Jay doesn't think the street sweeper is operating properly. He has seen the street sweeper go around piles of dirt. Jay also thinks the storm drainage ditch behind the homes on Bush Ave. is a public hazard. He thinks it should be a gravel ditch or a pond. The city should also grow cattails along the ditch. Jay also thinks the property's of Dale Price & Welton Wards are a shame and the city should enforce their clean-up ordinance.

Mayor Horsley told Jay the city is concerned about the drainage ditch and they have asked Engineer Wayne Shepherd to look at it and give suggestions. Spence also told Jay that he has met with Attorney Brooks and he is drafting a letter that will be sent out to residences in the community that need to clean up their properties.

Jay said that about a year ago he approached the city about putting a sewer line to his and Don Hubbards properties on 100 West. Mayor Horsley stated that the problem is money. He has talked to SICOG about helping find grants to help fund sewer projects. There are several areas that do not have sewer. Jay mentioned the city put a new sewer line in to Field of Dream subdivision. Jay was told that the city upgraded the small existing line that had been having problems with back-up problems. Jay asked if the city budgeted for new sewer lines for the coming year and was told no. Jay told the council that if he puts in a septic tank he will not hook into the city sewer at a later date.

Randy Jones and Connie Lewis met with the council about the city right of way on 400 West and 500 North. They claim that their father Vernon Jones was told that the city right of way would be deeded to him and Dan Lewis and it was never done. Vernon has sold the property next to this right of way to Becky Clark. The relator said the property should go back to the Jones family. Attorney Brooks stated Idaho Code 53-11 says the adjoining property owners should split the property. The property borders land owned by Becky Clark and Randy Lewis. The council discuss different ideas, leasing the property or selling the property. Steve said either way a hearing will be required. Steve will review the options.

Attorney Steve Brooks introduced Ordinance No. 438.

Ruth moved to suspend the 1st and 2nd reading of Ordinance No. 438. Larry seconded the motion. The motion carried.

Tom moved to adopt Ordinance No. 438 an ordinance adopting the 1997 edition of the uniform building code. Larry seconded the motion. Roll was called. Ayes: Larry, Tom and Ruth. Nays: none. The motion carried.

Attorney Steve Brooks introduced Ordinance No. 439.

Ruth moved to suspend the 1st and 2nd reading of Ordinance No. 439. Larry seconded the motion. The motion carried.

Larry moved to adopt Ordinance No. 439 an ordinance entitled the annual appropriation ordinance. Ruth seconded the motion. Roll was called. Ayes: Larry, Tom & Ruth, Nays: none. The motion carried.

Steve brought up some concerns with the skate park. Parking is a problem. They are driving around the cement pad. Signs and parking blocks need to be put in to keep cars off. The ramps that the kids have put up at the skate park need to be removed. They were not engineered and the city has opened up themselves for a law suit. Ruth stated that the sign stating the rules has been ordered. The council agreed that the rules need to be enforced.

Treasurer Terrill Schwartz gave the financial report.

Ruth updated the council on the greenbelt. The bid opening for the asphalt will be held on September 21 at 2:00 p.m.

Meeting adjourned at 8:30 p.m.