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 April 27, 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 30 citizens were present. ACHD staff present: J. Schweitzer, Mike Brokaw, Kent Brown, Terry Little, Errol Morgan, Bruce Mills, Steve Price, Katey Levihn, Nina Barton, Gary Inselman, Dorrell Hansen, Christy Richardson, Andrea Tuning, Kirk Hanson, Shawn Martin, Kathy Smith, Shannon Cook, Chuck Rinaldi, Dale Kuperus, Bryan Huey, Craig Quintana 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 FOR APRIL 12, 2005 & MINUTE ENTRIES FOR APRIL 12, 2005 & APRIL 13, 2005; REMODEL & ADDITION TO ACHD RURAL MAINTENANCE OFFICE ACCEPTANCE OF FACTS, FINDINGS & CONCLUSIONS BID RESULTS & CONSIDERATION/APPROVAL OF CONSTRUCTION CONTRACT; RESOLUTION NO. 741 UNOPENED RIGHT-OF-WAY ON AMITY ROAD ACCEPTANCE OF FACTS, FINDINGS & CONCLUSIONS REQUEST FOR APPROVAL; SALE & PURCHASE AGREEMENT CONSIDERATION & APPROVAL; SUPPLEMENTAL AGREEMENT FOR TASK ORDER B THREE CITIES RIVER CROSSING CORRIDOR/NEPA STUDY REQUEST FOR APPROVAL There were no changes to the Consent Agenda. Commissioner Bivens made a motion to approve the Consent Agenda in accordance with the staff recommendations. Commissioner Arnold seconded. Motion carried unanimously. RESOLUTION NO. 742 FOR VACATION & EXCHANGE BETWEEN ACHD & INTERMOUNTAIN GAS COMPANY PROPOSED VACATION & ABANDONMENT PUBLIC HEARING Kathy Smith, Sr. Right-of-Way Agent, said this is the time and the place for the public hearing for a land exchange between ACHD and Intermountain Gas Company. Ms. Smith presented the staff report. Commissioner Franden opened the public hearing. Commissioner Franden closed the public hearing. Hearing no one wishing to testify, Commissioner McKee made a motion to approve Resolution No. 742 for the vacation and exchange between ACHD and Intermountain Gas Company and to authorize the President to execute the contract on behalf of ACHD. Commissioner Bivens seconded. Motion carried unanimously.
Page 2 BRIDGEVIEW SUBDIVISION REZONE & PRELIMINARY PLAT APPROVAL REQUEST FOR APPROVAL Christy Richardson, Plan Review Supervisor, presented the staff report. Kevin Amar, 36 E. Pine, Meridian, representative of the applicant, explained plans for the site. David Szplett, Washington Group International, P.O. Box 29, Boise, the applicant s traffic engineer, addressed traffic issues. David Bailey, Bailey Engineering, 1500 Iron Eagle Drive, Eagle, the applicant s engineer, addressed drainage issues. Shawn Nickel, 52 N. 2 nd information. Street, Eagle, representative of the developer, provided background Jeff Peloquin, 5131 S. Tinker, Boise, expressed his concerns. Michael Barnes, 8216 W. Colt, Boise, expressed his concerns. Barrett Patton, 5144 S. Tinker, Boise, expressed his concerns. Mary Patton, 5144 S. Tinker, Boise expressed her concerns. Mr. Amar responded to concerns raised during testimony; the applicant agrees with the staff recommendations. After discussion, the following action was taken: Commissioner McKee made a motion to approve Bridgeview Subdivision and forward our concerns to the next jurisdictions regarding drainage and the pond, and at build-out, direct the Traffic Department to review traffic calming options for the neighborhood. Commissioner Bivens seconded. Motion carried unanimously. DEVELOPMENT REQUIREMENTS ON BOGART LANE MASTER SITE PLAN REQUEST FOR WAIVER OF POLICY Andrea Tuning, Principal Development Analyst, presented the staff report. Curt McKenzie, 815 W. Washington, Boise, representing Clifford Guthrie, the owner of the subject property, expressed his client s objections to the staff recommendations. Steven Price, General Counsel, responded. Mr. McKenzie offered rebuttal testimony. After discussion, the following action was taken. Commissioner McKee made a motion to approve the staff report and deny the request for a waiver of policy. Commissioner Arnold seconded. Motion carried unanimously.
Page 3 OMEGA PLAZA PRELIMINARY PLAT REQUEST FOR MODIFICATION OF POLICY Christy Richardson, Plan Review Supervisor, said the applicant and staff have resolved issues associated with this application and the application has been withdrawn as it meets all of our policies. The meeting recessed at 8:08 p.m. The meeting reconvened at 8:22 p.m. EL GATO SUBDIVISION ANNEXATION, REZONE & PRELIMINARY PLAT APPROVAL REQUEST FOR APPROVAL Christy Richardson, Plan Review Supervisor, presented the staff report. Dave McKenna, 735 S. Crosstimber, Meridian, representative of the applicant, requested guidance from the Commission; the applicant agrees with the conditions in the staff report. J. C. Brown, 5471 Pine Lane, Meridian, expressed his concerns. He requested proof of ACHD ownership of the disputed right-of-way. Jon Anson, 6220 El Gato Lane, Meridian, expressed his concerns. Tom Noll, 5947 El Gato Lane, Meridian, expressed his concerns. Kathie Ferrera, 4960 El Gato Lane, Meridian, expressed her concerns. Mr. McKenna offered additional testimony. Mr. Brown offered additional testimony. Mr. Noll offered additional testimony. Mr. McKenna offered additional testimony. Mrs. Richardson clarified the acreage figures of the assessed parcel. Errol Morgan, Manager of Maintenance and Operations, said ACHD does not maintain this portion of Pine Lane. According to policy, the District does not accept un-maintained right-of-way until it is improved to District standards. Steve Price, General Counsel, outlined different ways ACHD can acquire right-of-way. Pine Lane was acquired by deed. Just because a road hasn t been maintained by the District isn t relevant to this application because this portion of the roadway was acquired by deed. Title to the right-of-way is important to this application and to the adjacent property owners, but it is a separate issue from the application before the Commission. J.C. Brown offered additional testimony. The Commissioners expressed their concerns. After further discussion, the following action was taken.
Page 4 Commissioner Huber made a motion to approve the staff report for El Gato Subdivision as presented. Commissioner Arnold seconded. Discussion followed. Motion carried unanimously. PROJECT UPDATE/SUPPLEMENTAL ENGINEERING AGREEMENT FOR USTICK ROAD, FIVE MILE ROAD TO COLE ROAD PRESENTATION BY STAFF In deference to a number of citizens remaining in the audience, Mr. Bivens called for unanimous consent to defer this item until after the public communication portion of the meeting. PUBLIC COMMUNICATION Landscaped Berm at 3803 Mountain View Drive Shawn Martin, Assistant Manager of Traffic, presented the staff report. Amy Lodge, 3810 Mountain View Drive, Boise, expressed her concerns. Julie Rich, 3806 Mountain View Drive, Boise, expressed her concerns. Far Arrington, 3752 Mountain View Drive, Boise, expressed his concerns. June Flannery, 3803 Mountain View Drive, Boise, explained that she called ACHD to notify the District that they had installed a berm. She expressed her concerns. Commissioner Arnold explained that as a Commissioner she has a legal responsibility to bring forward safety concerns when they are brought to her attention. Christopher Rich, 3806 Mountain View Drive, Boise, expressed his concerns. Richard Fields, 3800 Mountain View Drive, Boise, expressed his concerns. No action was taken. Staff will continue to work with the residents to find a satisfactory solution. PROJECT UPDATE/SUPPLEMENTAL ENGINEERING AGREEMENT FOR USTICK ROAD, FIVE MILE ROAD TO COLE ROAD PRESENTATION BY STAFF Dorrell Hansen, Assistant Manager of Engineering, presented the staff report. After discussion, the following action was taken. Commissioner Bivens made a motion to accept the staff recommendations regarding Ustick Road as outlined in the staff summary. Commissioner McKee seconded. Discussion followed. Commissioner Bivens amended the motion to exclude approval of the fifth summary item which is for Supplemental Engineering Agreement No. 5 in the amount of $56,000 for survey work and to notify the consultant of the Commission s concerns and ask for their participation in sharing the cost. Commissioner Franden clarified the motion: the Commission approves Item Nos. 1, 2, 3, 4 and 6 of the staff summary; Item No. 5 will be withheld for further discussion by the Commission at a later time. Commissioner McKee amended the second. Motion carried unanimously. Discussion followed.
Page 5 Commissioner McKee made a motion to adjourn the meeting at 10:50 p.m. Commissioner Bivens seconded. Motion carried unanimously. Susan Slaughter, Secretary John S. Franden, President