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1 Committed to Service John S. Franden, President Sherry R. Huber, 1st Vice President Dave Bivens, 2nd Vice President Carol A. McKee, Commissioner Rebecca W. Arnold, Commissioner Minutes of the Commission meeting held on January 26, 2005 at 6:30 p.m. in the offices of the Ada County Highway District, 3775 Adams Street, Garden City, Idaho. Commissioners Franden, Huber, Bivens, Arnold and McKee were present. Approximately 37 citizens were present. ACHD staff present: J. Schweitzer, Mike Brokaw, Kent Brown, Errol Morgan, Steve Price, Gary Inselman, Nina Barton, Randy Lane, Christy Richardson, Karen Anderson, Kathy Smith and Susan Slaughter. Commissioner Franden called the meeting to order at 6:30 p.m. and welcomed everyone. The Pledge of Allegiance was recited. CONSENT AGENDA: DEVELOPMENT APPLICATIONS; FINAL PLATS FOR SIGNATURE; APPROVAL OF MINUTES & MINUTE ENTRIES FOR JANUARY 12, 2005; LATAH STREET, TARGEE TO OVERLAND BID RESULTS & CONSIDERATION/APPROVAL OF CONSTRUCTION CONTRACT; RESOLUTION NO. 726 & FINDINGS OF FACT & CONCLUSIONS FOR VACATION & ABANDONMENT OF PORTION OF UNOPENED ALPINE & SHOSHONE STREETS ACCEPTANCE OF FACTS, FINDINGS & CONCLUSIONS CONSIDERATION & APPROVAL; RESOLUTION NO. 727 & FACTS, FINDINGS & CONCLUSIONS FOR VACATION & ABANDONMENT OF PORTION OF N. WILDWOOD STREET ACCEPTANCE OF FACTS, FINDINGS & CONCLUSIONS CONSIDERATION & APPROVAL; RESOLUTION NO. 722 SALE OF PERSONAL PROPERTY REQUEST FOR APPROVAL; FY2008 STP-ENHANCEMENT APPLICATIONS REQUEST FOR APPROVAL Jim Borchers asked that Item E be moved to the Regular Agenda. There were no other changes to the Consent Agenda. Commissioner Bivens made a motion to approve the Consent Agenda, in accordance with the staff recommendations, moving Item E to the Regular Agenda. Commissioner Huber seconded. Motion carried unanimously. PROPOSED VACATION & ABANDONMENT OF UNOPENED 2ND STREET, ADJACENT TO A.A. LINDER S ADDITION TO STAR PUBLIC HEARING Kathy Smith, Sr. Right-of-Way Agent, said this is the time and the place for the public hearing for unopened 2 nd Street adjacent to the A.A. Linder s Addition in Star. Ms. Smith presented the staff report. Commissioner Franden opened the public hearing. Claude Shubert, 4312 Old Valley Road, Eagle, the applicant, agreed with the staff report.
2 Page 2 Mike Masonholder, W. Frost Street, Star, expressed his concerns. Commissioner Franden closed the public hearing. Commissioner Huber made a motion to approve the vacation of the unopened right-of-way known as 2nd Street adjacent to Lots 1 and 5 and include that the value to the general public of the park and ride lot exceeds the $600 application fee, so it would be appropriate to waive that fee with this motion. Commissioner Bivens seconded. Motion carried unanimously. LICENSE AGREEMENT FOR DRIVEWAY APPROACH TO N. HARVEY STREET APPEAL STAFF LEVEL DECISION Randy Lane, Right-of-Way Supervisor, presented the staff report. Kurt Wilkins, 1364 W. Chance Court, Eagle, representative of the applicants, Glen and Pauline Nielsen, asked to reserve his comments until after he has heard the concerns of the neighbors. Darell Tschacher, 792 N. Nicholaus Lane, Eagle, representative of the Eagle Hills Homeowners Association, expressed the concerns of that Association. Steve Price, ACHD General Counsel, recommended deferral since staff can not confirm that the Eagle Hills Golf Course received notice of this meeting. Commissioner Bivens made a motion to defer action on the appeal of the license agreement for two weeks. Commissioner Huber seconded. Motion carried unanimously. Bert Bradley, 274 Harvey Street, Eagle, indicated he would be out of town in two weeks and requested a different date. Commissioner Franden encouraged Mr. Bradley to submit written testimony in advance of the February 9 meeting. Carolyn Collins, 670 N. Harvey Street, Eagle, requested blanket notification to the neighborhood of subsequent meetings. RIVENDELL ESTATES PRELIMINARY PLAT CONSIDERATION & APPROVAL Christy Richardson, Plan Review Supervisor, presented the staff report. Terry Little, Manager of Traffic, explained signal warrants. Clint Boyle, th Avenue South, Nampa, representative of the applicant, reviewed the history of the project and the current design layout for this site. Stillman Anderson, Aldershot Drive, Boise, expressed concerns on behalf of the Brookhollow Subdivision. Scott Anderson, Aldershot Drive, Boise, expressed his concerns. Tim Herring, 560 S. Hemingway, Boise, representative of the Walden Pond Homeowners Association, expressed Steve Hill s concerns and those of the Homeowners Association. Carol Herring, 560 S. Hemingway, Boise, expressed her concerns.
3 Page 3 Doug Rich, 699 S. Browning, Boise, expressed his concerns. Jay Pease, W. Bronte, Boise, expressed his concerns. Chuck McCoy, 664 S. Tennyson Way, Boise, expressed his concerns. Mr. Boyle offered rebuttal testimony. Ms. Richardson clarified the staff recommendations. Commissioner Huber made a motion to approve the staff report with the following changes: that Site Specific No. 1 be amended to read: there would be a reduced street section required of 29-feet at the west property line of Bronte up to the new Bronte Way, and that the south side of the road be posted with No Parking signs, that Site Specific No. 6 be revised to include the following statement: that within one year after build-out, ACHD, at its sole discretion, will determine appropriate traffic calming methods after discussion and meetings with the neighborhood and the developer. Commissioner McKee seconded. Motion carried unanimously. SYMPHONY SUBDIVISION PRELIMINARY PLAT REQUEST FOR APPROVAL Christy Richardson, Planning Review Supervisor, presented the staff report. Commissioner Arnold recused herself due to prior professional involvement with this development. Commissioner Arnold was excused. John Wood, 3850 Flint Drive, Eagle, the applicant, said he agrees with the staff recommendations presented tonight. Joel Barker, 972 Cove Colony, Eagle, representative of the Colony Homeowners Association, expressed the concerns of the Association. (See attachment) Gary Brandecker, 917 N. Cove Colony, Eagle, expressed his concerns. Commissioner Bivens made a motion to approve Symphony Subdivision in accordance with the staff recommendation and the site specific conditions as proposed by staff including a special notification to the City of Eagle and ITD that reads: if ITD allows the installation of a signal on State Highway 44 at the proposed access, then the City of Eagle and ITD should require a public street to be constructed through the site connecting Flint Drive to State Highway 44. This would provide signalized access to several subdivisions in the area. If the proposed access is not signalized, a private street system would be sufficient and traffic from the surrounding subdivisions could access Flint Drive to the existing signal at Park Lane and State Highway 44. Commissioner McKee seconded. Discussion followed. Commissioner Huber suggested adding clarifying language to include a Fact & Finding that would outline the comments received from ITD about the proposed access, as well as a Fact
4 Page 4 and Finding about the discussion of our staff and the City of Eagle. Commissioner Bivens amended the motion to include that clarifying language. Commissioner McKee amended the second. Motion carried unanimously. RESOLUTION NO. 726 & FINDINGS OF FACT & CONCLUSIONS FOR VACATION & ABANDONMENT OF PORTION OF UNOPENED ALPINE & SHOSHONE STREETS ACCEPTANCE OF FACTS, FINDINGS & CONCLUSIONS CONSIDERATION & APPROVAL Kathy Smith, Right-of-Way Agent, presented the staff report. Steve Price, General Counsel, said that in keeping with an appearance of fairness, he would advise Commissioners Arnold and McKee not to participate tonight as they did not vote on the original application, have not participated in any of the findings, and have not been involved in building the entire record of this application. Commissioners McKee and Arnold were excused. Jim Borchers, 3107 Crescent Rim Drive, Boise, expressed his concerns with the appraisal. The meeting recessed at 8:27 p.m. The meeting reconvened at 8:37 p.m. Mr. Borchers continued his testimony. Randy Lane, Right-of-Way Supervisor, outlined his credentials; Mr. Lane is a certified appraiser. Mr. Lane said Bert Hill, who conducted the independent appraisal, is one of the most reputable and respected appraisers in the State of Idaho. Staff is satisfied that Mr. Hill has provided the District with an accurate appraisal using approved methodology. Mike Baldner, 960 Boise Avenue, Boise, representative of the applicant, expressed his concerns. Mr. Borchers continued his testimony. Mr. Price reviewed the Commission s prior action. Ms. Smith discussed the matter of adjacent property owners. After discussion, the following action was taken. Commissioner Huber made a motion to approve the Facts, Findings and Conclusions and authorize the President to execute the findings with the amendment that if there is any reference to the owner of an adjoining property, that it be outlined that it is Mr. Walter Sigmont, or his wife, or any other reference to the Sigmonts however it may be written, and that the Commission approve and execute Resolution No. 726 for the vacation of the portion of Alpine and Shoshone streets at outlined in Recommendation No. 2, also with the amendment that we specify that the owner of the adjoining property is Mr. Sigmont, or his wife, or whatever legal entity with Mr. Sigmont s name, would be included on the adjoining property. Commissioner Bivens seconded. Discussion followed. Commissioners Huber, Bivens and Franden voted aye. Commissioners Arnold and McKee abstained. Motion carried.
5 Page 5 PUBLIC COMMUNICATION None Commissioner Bivens made a motion to adjourn the public portion of the meeting at 9:13 p.m. Commissioner Huber seconded. Motion carried unanimously. Susan Slaughter, Secretary John S. Franden, President
Committed to Service
Committed to Service John S. Franden, President Sherry R. Huber, 1st Vice President Dave Bivens, 2nd Vice President Carol A. McKee, Commissioner Rebecca W. Arnold, Commissioner Minutes of the Commission
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