HomeMy WebLinkAboutCOUNTY MINUTES & RECORDED RESOLUTION - 22-00072 - 1 parcel Muir Glen DIV1 - RP04MG1001004D - Impact Area - Rezone from TAG to MDR1Madison County
Commissioner Meeting Minutes
August 8, 2022
Attendees:
Todd Smith, Commissioner Chairman
Brent Mendenhall; Commissioner
Douglas Smith, Commissioner
Troy Evans, Deputy Prosecuting Attorney
Kim Muir, County Clerk
Instrument# 451911
REXBURG, MADISON, IDAHO
8-23-2022 08:57:10 AM No. of Pages: 7
Recorded for : MADISON COUNY
KIM H. MUIR Fee: 0.00
Ex-Officio Recorder Deputy ' �
ACTION ITEMS
This meeting was streamed electronically
Pledge of Allegiance: By all
Invocation: Commissioner Mendenhall
Calendar Items:
Next Commission Meeting: August 22, 2022
IAC Meetings the last week in September
County Fair begins next week Wednesday, August 17th-Saturday, August 20th
Horse pulls Thursday, Rodeo Friday, Motocross Saturday
livestock sale Saturday morning at 9 a.m.
Discussion Items:
Discussion and decision on Snowmobile Board. Max Radford and Richard Roberson were in
attendance for this agenda item.
The Commissioners asked for a copy of their minutes from the meeting on November 8, 2021,
which were then reviewed. The reason was to review what had been determined for the board
members. The minutes stated Doyle Barney's term would expire in 2022, Clint Hansen in 2023
and Ryan McBride was appointed to a three-year term. This was agreed upon by Doyle Barney
and Clint Hansen. The month was not specified as to when Doyle Barney's term would end, but
for planning purposes, a new board member should be appointed in July if not early fall, prior to
the winter season beginning. The Commissioners stated Doyle's term will expire the end of
August 2022. His work over the decades with the grooming program have been appreciated, and
it would not be where it is today without his many volunteer hours of service over the years.
Regarding new board members, anyone can suggest names and it's up to the commission to
appoint.
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Public Comment:
Richard Roberson suggests the Snowmobile Board members turn over in April so the new board
will have time to prepare for the next season. This would also make a slower transition to be
trained up for the busier season.
Review and sign: 2022 Nomination Form, capital Crimes Defense Fund
After review and discussion, Commissioner · Doug Smith made a motion to appoint Brent
Mendenhall as the nominee for the Capital Crimes Defense Fund. Commissioner Todd Smith
seconded and voting was unanimous. The motion passed.
Routine Matters:
Review and sign: Claims, as presented by the Clerk
After review and discussion, Commissioner Doug Smith made a motion to approve the claims
presented by the Clerk. The grand total of claims was $1,174,537.37. Commissioner Todd Smith
seconded and voting was unanimous. The motion passed.
Review and sign: Commission meeting minutes: July 25, 2022
After review and discussion, Commissioner Mendenhall made a motion to approve the meeting
minutes of July 25, 2022. Commissioner Doug Smith seconded and voting was unanimous. The
motion passed.
Personnel Actions :
Employee Name
Clerk's Office:
Karen Daniels
Angeline Christiansen
Courts-Staff Attorney:
Kegan Machen
Buildings & Grounds:
Michelle Alexander
Sheriff's Office:
Benjiman Skinner
Tyson Beckley
Adam Nelson
Position
Deputy Clerk
Court Clerk
Staff Attorney
F/T Dispatch
Dispatch
Detention Corporal
Salary/Wage
$19.00/hr
$15.50/hr
$56,472.00 Salary
$18.25/hr
$19.00/hr
$23.43/hr
Change
90 Day Review
Added Responsibility
New Hire
Resignation
Reclassification
New Hire
Promotion
After review and discussion, Commissioner Doug Smith made a motion to approve the Personnel
Actions. Commissioner Mendenhall seconded and voting was unanimous. The motion passed.
Certificates of Residency:
After review and discussion, Commissioner Doug Smith made a motion to approve the
Certificates of Residency for Leilani Belgarde, Sydney Bradshaw, Adison Maviano and Sarah
Sterling. Commissioner Mendenhall seconded and voting was unanimous. The motion passed.
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Executive Session: Employee and indigent matters. Chairman Todd Smith made a motion to go
into Executive Session at 9:10 a.m. Idaho Code §74-206. (l)(b) employee matters, Indigent Clerk
and (f) litigation matters. A roll call vote was taken as follows: Commissioner Todd Smith -yes,
Commissioner Mendenhall -yes Commissioner Doug Smith -yes. The motion passed.
Commissioner Todd Smith returned to open session at 9:47 a.m.
City of Rexburg: Review & Approve Muir Glen Divl Rezone
The property lies in the impact area. The owners are asking for a change from Trans Ag to Medium
Density 1. They will have to bring in sewer and water. This would lead to annexing in the future
and is the same proposal that was brought earlier, but was appealed. The vote from the City P &
Z was not unanimous.
After review and discussion, Commissioner Mendenhall made a motion to approve Muir Glen
Divl Rezone, based upon the approval of the City P & Z. Commissioner Doug Smith seconded and
voting was unanimous. The motion passed.
David Decker: Fee change proposal for Building Department
David stated the International Code Council (ICC) either increases or decreases fees annually. The
State comes in and adopts the fee and we can follow or not follow. David is trying to present to
the commission every time it comes into play for the year, if that is something commissioners are
willing to do. Current evaluation would increase the fees based on a 1500 sq./ft. home $536
which is a 38% increase. The home and industry market has increased the cost of homes by 38%
and the fee schedule would do the same. Commissioner Doug Smith stated that maybe we don't
increase the fees by 38% but maybe 10-12%. David said he has 50 permits more now than this
time last year and wonders how long are we going to maintain where we are. Most of the county
permits are for people building their own homes in the county. To increase the fees, a public
hearing will need to take place. Commissioner Todd Smith suggests starting at a 38% fee increase
which is the recommended industry increase and go down from there if needed. David wants to
be proactive and make it workable for everybody. Surrounding counties and cities are all
adopting the ICC fee change. It could lower at the next annual go around.
David talked about people building without permits, and people moving into homes before
completion. He was wondering about having backup so he can enforce charging fees for
violations. There are safety issues of moving in before inspections are completed. Commissioner
Mendenhall states that we may be liable if something happens if we "allowed it".
Adopt Language in Madison Code:
Commercial, Residential, Manufacturing and Energy code have been broken down to be more
specific and will need to be presented in the same Public Hearing as the fee change proposal for
approval.
Gary Armstrong: P & Z Matters Highfield Estates Subdivision-James West
The application is for the development of approximately 22.95 acres into 10 buildable lots, with
lot sizes being approximately 1.98 acres at approximately 1500 W. 5100 S. The average density
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of the subdivision is approximately 2.295 acres per buildable lot. The property is zoned TRANS
AG. Lots will be serviced with private well and septic. Concerns by neighbors are traffic on 5000
South since it's too narrow to meet county standards right now.
After review and discussion, Commissioner Mendenhall made a motion to approve application
for Highfield Estates Subdivision with provisions that the west road only be used for emergency
purposes and that the first two lots are accessed off of the east-west side. Commissioner Doug
Smith seconded and voting was unanimous. The motion passed.
Findings of Fact for Misty Valley, LLC, The Preserve at Henry's Fork Phase 2:
The application is for the development of approximately 43.5 acres into 29 buildable lots, varying
in size from .99 acres to 1.65 acres. The property is zoned TRANS-AG. Lots will be serviced with
private well and septic. The Preserve Subdivision Master Plan went through preliminary plat in
2018. The total of all phases includes 145 lots in three phases. The first phase has been
completed. This phase was approved as part of the preliminary plat at that time. While the
number of lots in Phase II is the same as was previously approved in 2018, proposed access into
Phase II has changed from what was originally platted. Changes were significant enough that the
application for Phase II is being considered as a preliminary plat. Judicial rulings prohibit
connection of Phase II to other phases. Commissioner Mendenhall asks if all issues for phase 1
have been legally completed. Gary anticipates there may be legal challenges on this no matter
how it is configured. Two years were spent in court fighting over access for this parcel and Gary
feels we need to honor legal action. Concerns by neighbors is traffic which was already analyzed
in 2018. Other concerns were for those that bought in phase 1 with anticipation they could use
the other access and it changed from what they anticipated when they bought in phase 1.
After review and discussion, Commissioner Mendenhall made a motion to approve the Findings
of Fact for Misty Valley, LLC. Commissioner Todd Smith seconded and Commissioner Doug Smith
was opposed. The motion passed.
Conditional Use Permit for Robert Tietjen, 1675 W 3000 S:
The applicant is applying for a Conditional Use Permit to construct an accessory building with
living space on their 2.63 Acre lot at 1675 W 3000 S, Rexburg.
After review and discussion, Commissioner Doug Smith made a motion to approve the
Conditional Use Permit for Robert Tietjen. Commissioner Mendenhall seconded and voting was
unanimous. The motion passed.
Public Hearing: Amendment to Ordinance #247 to allow for transfer of beer and wine licenses
and provide for a fee.
Public hearing was opened at 11:08 a.m. There was no one present to comment. All notices
were properly sent out. There were no conflicts of interest with the Commissioners. The public
hearing was closed at 11:15 a.m.
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After review and discussion, Commissioner Doug Smith made a motion to approve Ordinance
#247 to allow for transfer of beer and wine license and provide for a $200 fee. Commissioner
Mendenhall seconded and voting was unanimous. The motion passed.
Rachel Gonzales/ Troy Christensen: Madison Memorial budget presentation. This meeting was
rescheduled to August 22, 2022.
Public Hearing: Road and Bridge for the Moody Bridge Project
The public hearing was opened at 11:15 a.m. All notices were properly sent out. There were no
conflicts of interest with the Commissioners.
Aaron Swenson was present. Bradley Peterson was asked to be the hearing officer. The hearing
is required as this involves federal funding. Aaron gave a recap of where they are at on the
project: The bridge was built in 1950 and washed out in the 70's with the flood and was then
rebuilt. There has been ongoing maintenance on the bridge, but it has fallen into a failed category
by ITD. With federal funds, the plan is to build the bridge 44 feet wide to allow for future growth,
with most expansion to the east. The road will stay two lanes, with a potential 3rd lane in the
future. We are still several years away from construction. There is not enough traffic on the
roadway to justify the cost but the plan will be to tear out the bridge and close the road with a
detour for the better part of a year as the old bridge will be completely torn out. The depth of
the river will not change.
Lunch Break
Paul Sorensen: Fiber project branding and website discussion
Paul presented information regarding the fiber project. They are about 38% through the project
and are currently working near the McDonalds on 2 nd East up to the University and then down
by Rexburg Motor Sports and will be starting on 12th West soon; drilling through the ground and
going under canals. They are working with Wide Open Networks to go into residents' homes,
but have had to reroute in a few areas because of water issues. A marketing class at the
University, has come up with a name and branding for the project. Sugar City has opted to take
care of their own system.
After review and discussion, Commissioner Mendenhall made a motion to approve the branding
name and applications as "Ughtbridge". Commissioner Smith seconded and voting was
unanimous.
Paul also discussed the current county website. He feels the best option is to pay for a company
to· host the website. This would also allow tighter security. The company they would like to go
with is Revize. It would be $8050 for the first year and then $1800 per year for years two, three
and four and they could begin work on it as soon as it is approved.
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After review and discussion, Commissioner Mendenhall made a motion to approve the
Agreement with Revize based on legal vetting from the County Prosecutor. Commissioner Doug
Smith seconded and voting was unanimous.
Commissioner Todd Smith asked if a Google Drive or a Dropbox could be made for Agenda's and
P & Z meeting information.
Ted Hendricks: Project updates
Expansion of the Fort Henry Business Center. Altura secured 1.25 mil from USDA in funding
through a Rise grant and are the only one awarded in the Western U.S. Also received is funding
from the Department of Commerce. Ted has also applied for an Economic Development
Administration grant and has sent a letter of intent. They are through the competition process
and did indicate it is not a commitment, but looks promising as it goes through final processes.
The funding is part of stimulus money and is currently going to Washington D.C for final approval.
They hope to end up with about $6.7 million. Ted would like to create a steering committee for
design to give input for the design. The architect will come on board toward the end of the year.
They would like to elevate the lot to get it out of the flood plain and have discussed this with
Road and Bridge, but Road and Bridge does not want to be in charge of the testing. The best time
to haul in fill would be this Fall. The commission is being asked to assign a member to the board
design and review committee, wait until the funding is approved. CEI would like to expand their
offerings in Madison County to help those interested in data analytics and cybersecurity and
would like to see the facility identify with what the county needs and wants. Ted would like to
see the college expand in the existing building. The new building would be focused on
entrepreneur type new businesses as well as think tanks, etc.
Crisis Center: Request for repairs on facility
Megan Littlefield, Marie Harris and Naomi Aponte were present to discuss upgrades.
A new door is needed between the living space and garage to meet fire code and they would like
a separate apartment downstairs, but an egress window is needed, as well as a separate
driveway. The yard could be spruced up. Jared will talk to the City about the driveway and
permits needed. He can also purchase the materials needed and get bids for coringto dig for the
new window. Wilcox is willing to donate the sod and Jared will get a bid for a sprinkler system.
They have had 18 people housed in the recent past and the facility is a big help to those victims
needing a place to live temporarily. Jared will come in with bids.
Kim Muir: Budget Review
The proposed budget was presented and discussed. Changes were made to a few of the budgets.
The budget will be published 15 days prior to the budget hearing that will be held on September
6, 2022.
Commissioner Mendenhall made a motion to adjourn the meeting at 4:13 p.m. Commissioner
Doug Smith seconded and voting was unanimous.
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Approved:
Todd Smith, Commission Chairman
Brent Mendenhall, Commissioner
RESOLUTION NO.: 485
Instrument# 451942
REXBURG, MADISON, IDAHO
8-24-2022 12:03:03 PM No. of Pages: 2
Recorded for : MADISON COUNTYKIM H. MUIR Fee: 0.00 � Ex-Ofllclo Recorder Deputy __ ---=---a=�-
RESOLUTION AMENDING THE MADISON COUNTY COMPREHENSIVE PLAN
MAP CONTAINED IN ARTICLE 47, RESOLUTION NO.: 318, OF THE MADISON
COUNTY CODE BOOK
WHEREAS, the City of Rexburg County Planning and Zoning Commission held a public
hearing on or about March 17, 2022, at 6:30 p.m. at the City Council's Chambers, in Rexburg
Idaho;
WHEREAS, the applicant, Rachel Whoolery, requested a change in zoning from Transitional
Agriculture (TAG) to Medium-Density Residential 1 (MDRl);
WHEREAS, this property, parcel RP04MG1001004D, is adjacent to US Highway 20 on the
north angle of this proper ty, with connection to W. Moody Rd. The property is part of the Muir
Glen DIVl subdivision. The property is 11.18 acres. The property is currently farm ground.
The parcel is in the City ofRexburg's Area of Impact and is currently not contiguous to city
limits;
WHEREAS, in 2017, 4 W Moody Rd was annexed into Rexburg city limits and retained the
zoning TAGl (17-00740). Then, the Comprehensive Plan Map was changed from TAGl to
Light Industrial (17-00787). In 2018, 4 W Moody Road was rezoned to Light Industrial (LI). In
2019, this parcel's Comprehensive Plan Map designation changed to LDRl-MDRl when the
designations were simplified (19-00351). In 2020, this parcels in the city zoned TAGl & TAG 2
were rezoned to TAG (20-00914);
WHEREAS, this property is located within the area of impact with Madison County and the City
of Rexburg, Idaho;
WHEREAS, on or about August 8, 2022 the Madison County Board of County Commissioners
met with the City of Rexburg P&Z staff to review their approval, to include the City Council, of
the change and its request that Madison County Board of County Commissioners accept the
same;
WHEREAS, the Madison County Board of County Commissioners adopted the City of Rexburg
findings hereon; and,
WHEREAS, the Madison County Board of County Commissioners now desires to adopt this
resolution to reflect these changes.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED BY THE MADISON
COUNTY COMMISSIONERS, AS FOLLOWS:
Page 1 of2
1.That the Madison County Comprehensive Plan map, contained in Madison County Code
Book, article 47, Resolution No.: 318, is hereby amended to provide that the real property
located herein be rezoned
2.That change to the Madison County Comprehensive Plan map applies to property ID:
RP04MG1001004D, show as follows:
3.The property changed herein is more particularly described as follows:
·SEE ATTACHED WARRANTY DEED, recording number 44 7060.
PASSED THISc1;?1td day of August, 2022.
BOARD OF COMMISSIONERS
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RECORDING REQUESTED BYFirst American Title Company
AND WHEN RECORDED MAIL TO:First American Title Company 535 First American Circle Rexburg, ID 83440
File No.: 992449-RX (da)
Mlcrofi� �o. 447060�f 0kRffG'k�t�M
Feel\1f.i�!&f� CO RECORDER',i,Deputy Recordect af Request of FIRST AMERICAN TITLE -REXBURG
S ace Above This Line for Recorder's Use Onl
WARRANTY DEED Date: January 20, 2022
For Value Received, Phillip Owen Russell and Tamara Russell, husband and wife, hereinaftercalled the Granter, hereby grants, bargains, sells and conveys unto Rachel Whoolery, a married woman as her sole and separate property, hereina�er called the Grantee, whose current address is 131 Charles Place, Rexburg, ID 83440, the following described premises, situated inMadison County, Idaho, to-wit:
LOT 4, BLOCK 1, MUIR GLEN DIVISION NO. 1, MADISON COUNTY, IDAHO, AS SHOWN ONTHE PLAT RECORDED SEPTEMBER 24, 2020, AS INSTRUMENT NO. 434176.
EXCEPTING.T.HEREFROM: .. � ... , :a :: ' .:' ·:, .. .� ..
SITUATED IN THE STATE OF IDAHO, COUNTY OF MADISON, BEING PART OF LOT 4, BLOCK 1, MUIR .�LEN DIVISION NO, 1, PART OF SECTION 7, TOWNS HiP 6 .NORTH, RANGE; AQ ,EASJ",·_9F
B.M., .BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCI'11G AT THE SOUTH 1/4 CORNER OF SAID SECTION 7;
THENCE SOUTH 89°38'36" WEST, A DISTANCE OF 661.72 FEET TO A PK NAIL FOUND;
THENCE NORTH 00°05'02" WEST, A DISTANCE OF 39.50 FEET TO A REBAR WITH A PLASTIC CAP FOUND;
THENCE SOUTH 89°38'36" WEST, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89°38'36" WEST ALONG SAID LINE, A DISTANCE OF 146.92 FEET TO A REBAR WITH A PLASTIC CAP FOUND;
THENCE NORTH 00°12'38" WEST, A DISTANCE OF 443.41 FEET TO A REBAR WITH A PLASTIC CAP SET STAMPED, "PLS 13856";
THENCE NORTH 89°54'58" EAST, A DISTANCE OF 147 ,90 FEET TO A REBAR WITH A PLASTIC CAP SET STAMPED, "PLS 13856";
THENCE SOUTH 00°05'02" EAST, A DISTANCE OF 442.71 FEET TO THE POINT OF BEGINNING.
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447060
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Date: 01/20/2022 Warranty Deed • continued
File No.: 992449·RX (da)
SUBJECT TO all easements, right of ways, covenants, restrictions, reservations, applicable building and zoning ordinances and use regulations and restrictions of record, and payment of accruing present year taxes and assessments as agreed to by parties above.
TO HAVE AND TO HOLD the said premises, with Its appurtenances, unto the said Grantee, and to the Grantee's heirs and assigns forever. And the said Granter does hereby covenant to and with the said Grantee, that the Granter Is the owner In fee simple of said premises; that said premises are free from all
encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record and easements visible upon the premises, and that Granter will warrant and defend the same from all claims whatsoever.
Page 2 of 3
447060