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Home My WebLink AboutDorado Subdivision VAC CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 STAFF MEMO . ' '.. ',! _:" " " _: - ' : " City Council Hearing "~--,.",, --.-,. -.'","" Hearing Date: October 11,2005 IfÙ'I " " 0 ' ¿,',.: CITY l'f It!,! ' ' City Council ~ U ~fI"i 1.1'/rU~ .~~: ::'I'l\:,,_~ :,~~':;-". \.../'Vlol ,a~ un. -,' ," cl "--,:-. Joseph Guenther, Associate City Planner \ l[l,"H()- '-~{ ,~--._-~- ~ } Dorado Subdivision ROW V acation ~(" .../" - I-!!!,--..:.yø~-" -' . VAC-05-014 --" ~ TO: FROM: SUBJECT: Vacate Rights of Way along Eagle and Overland Roads. SUMMARY DESCRJPTION OF APPLICANT'S REQUEST The applicant is requesting that the City of Meridian consent to the vacation ofrights of way along Eagle and Overland Roads. SUMMARY OF PLANNING AND ZONING COMMISSION HEARING . On September], 2005, the Planning & Zoning Commission made no recommendation for the subject application, as reflected in the Clerk's record and the minutes and duly considered the evidence and the record in thjs matter. Staff presenting application: Joe Guenther presented the application. . Staff Comments: It has been determined that the City of Meridian has no objection to the proposal and will not make a recommendation as the matter is entirely between ACHD and (TD. ACHD voted to vacate the right of way on September 28, 2005 and the attached documentation is between the transportation agencies. EXHmITS/ A TT ACHMENTS A. Drawings 1. Areas requested for vacation. B. Attachments 1. ITD letter dated August 24,2005, Kevin Sablan, P.E. Assistant District Traffic Engineer 2. ACHD letter dated September 2, 2005, Bruce Mills, P.E. Manager ACHD 3. ACHD letter dated September8, 2005, Bruce Mills, P.E. Manager ACHD 4. ITD letter dated September 9, 2005, Kevin Sablan, P.E. Assistant District Traffic Engineer 5. ACHD letter dated September 15,2005, Steven B. Price, General Council 6. Idaho Attorney Generals Office letter dated September 30,2005, Steven J. Schuster Deputy Attorney General-Idaho Transportation Department 7. ACHD letter dated October 3, 2005, Steven B. Price, General Council 8. ACHD letter dated October 4, 2005, Steven B. Price, General Council Dorado Vacation V AC-05-00 14 PAGEl CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 A. Drawings 1. 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I ,,~~:; ---...----~~. OJ !"--,I_C!" ""--m- ---/ ,,/ DORADO RIGHT OF WAY ..,,~---;--::;~_.~" ,,----_Y...f\ C AJ I O'!::L-"----....."""",.--."",,.--- ;i,,-d.': I ED IN .HiE SE 114 OF THE SEli4 - SECTlON1? T.3 N., R.1 E., 8.M. ~'~-~i:~-~~~: "-:::~~~~JY.~~I~~Ç1:::-~::~=::_~'-~-= .-"_. '.-:r;-.."--.,,. ~. ~- ;I! .. ."."-.. -----..-----..".-- i- ...-.. e Stanley Consultants INC. A $-1 i,~¡p ""'>;,;,,,, (~"""¡."-,;,"" oo!I ~~b""I""'..,.,.,.,.. - W"",j.... A- I CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 B-1 I . AUG 25 '1215 1121:1212 FR CITY OF MERIDIAN TRANSPO~Ano~eOARD Cllar1es W¡"c:ler Cholf171811 Joht1 X. Combo VlcB ChøirmOll Oistriot 6 John McHIJOh DiStrict 1 Bruce SWeeney DIÐtrjc,t 2 Monte M¡;Clure DiS'fril;t 3 Gary Blick District 4 Nail Miller Dislrlet 5 David Ekern, P.E. lJ/l'/1r':m¡" SI.I6 Higgins /ll)¡Jrr/ StJcfrJ(gry 21218 888 4218 TO P-AND-Z P.01/01 l IDAHO TRANSPORT4TION DEPARTMENT P,O. Box 7129 BoÎs& ID 83707.1129 (208) 334-.8000 itd.îdaho.gov August 24, 2005 VIAFAX; 208-888-4218 Mr. Will Berg City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 RECEIVED AUG 2 It 2005 Re: Location: Northwest corner of Eagle Road and Overland Road Route: Intersts.te 84 (I 84) Name: W. H. Moore (applicant) Case: VAC 05-014 9ty of Meridian City Cleric Office The Idaho Transportation Department (ITD) appreciates the opportunity to COmment on the above referenced application. Per the city'5 September I, 2005 Public Hearing notice (dated 8/16/05), rcgarctingthe vacation application (V AC 05-014) submitted by W.H. Moore requestìng to vacate pubHc right"of-Way along the West síde of Eagle Road north of Overland Road; !I'D offers the following comment(s): . The right-of-way along this segment of Eagle Road appears to be I 84 right-ai-way. Interstate right-of-way cannot be vacated. mœrstate right otway exists along this segme-nt of Eagle Road; be!o¡-e application is further considered-location ofI-84 right-of-way and jurisdiction of the right-of-way to be vacated must be detenníned. Contact Lana Se:rvatiu!, 208-334-8343, for additional right-of~~y Ïnfonnation. . It would Dot be pmdent for any portion of me R/W along P.ag1e Road to be vacated. Due to the: signifi~ant increase in treffic at the EagJe IC, additional improvements will likely be needed to the Ie ràmps and Eagle Road mclucling south oCthe intcrchangeEB ramps. At some point in tho fUture, it is likely, or at least possible, that a ":tree flowing" moVement will be required or jU$1:Ü:ied for the 'West bound to south bound traffic mOVetnent and addirionallanes OD. Eagle Road south oftbe IC. If you. have any questions please call me at 208-334-8924. an, P .E. istant District Tnûfic Engineer RUG 24 '05 18:2121 ..".,.n"""A~~_~ ** TñTÃr PA~F_R1 ** ;:; ~: SEP 13 '0523:25 FR CITY OF MERIDIAN 2088884218 TO P-AND-Z P.01/04 _._,,----,,----- ..-i ;;a.a. - a:, ~,~-~"", w;:) ~ ~ (k, ~ ul.1'ë ~ -.--"..-..----..--"---"--"",,,,.,,_n -~-------,-_.""",'"."_..."._,,,, John S. Franden, President Sl1eny R. Huber, 1st VIce President DcIVid BIvens, 2nd Vice President carol A. ~cKee, Commissioner Rebecca W. Arnold, Commissioner September 2, 2005 Mr. Kevin Sablan, P.E Idaho Transportation Department P.O" Box 7129 Boise, ID 83707-1129 VIA FAX: (208) 334-8917 RECEIVED SEP 1 3 2005 City of Meridi"an City clerk Office Subjeçt: W.H. Moore Requost to vacate Portion of Right-of-Way Northwest Comer of Eagle Road/OVerland Road Dear-Mr. Sablan: In response to your letter of August 24 to Will Berg of the City of Meridian, ACHD has researched our records regarding ownership of Eagle Road right-of~way, between Overland Road and the 1-84 eastbound off ramp (denoted as Ramp A-B in previous documents). Our records indicate that ACHD accepted into our system that portion of Eagle Road between Overland Road and Ramp A-B, in a Road Closure and Maintenance Agreement in 1987 (see enclosed copy). This matches our officíal road map and current maintenance responsibilíties. We therefore believe that this portion of Eagle Road is open to possible vacation, as determined by the ACHD Board of Commissioners. We do agree that reserving a portion of the current surplus right-of- way along this stretch of Eagle Road is prudent. and our staff will be recommending that ACHO keep a 14-foot portion of the surplus right-of-way behind the sidewalk, for the possibility of adding another southbound lane if needed in the future. Should you have any questions, please contact me at bmills@achd.ada.id.us I or at387-6185. ïr~ Bruce G. Mills, P.E" Manager Right-ot-Way & Develc'pment Services bgml c: Will Berg, City or Meridian Wrm;ton Moore J, Schweitzer. ACHD Director Lana SelVatius, Dist,,3 ROW Supervisor Ada County Highway Dlstrilí . 3775 Adams Street . Garden oty, Ie .83714. PH 208 387 6100 . FX 345-7650 . www.C!chd,i:lda.id.us SEP 13 '0523:25 FR CITY OF MERIDIAN 208 888 4218 TO P-AND-Z P.02/04 . ) ~ 1"'. ~.:.J.-)' '" ¡} . ", , I\.~ 'i.. ,...\ STATE OF IDAHO . . RECEIVED. AUG 2. '987 AC H D. ADMIN. ,: QECI. 0. ANDR1,18 . ~ IDAMO 'IJWIUICIAIIIhO IOAIID JOHN M. OHMAN. CMAIMM L.LOt'D F. BARRON. VICe C:- MARION ONIDSON. WE""" E. DeAN TISDAL.Ii CIIIrCTCIII TRANSPORTATION DEPARTMENT .u. I!CIIáL 0f'fI0ImINIT' EWLCII'PI P. O. BOX 7128 . BOISE, IDAHO B37OT 19 August 1987 The Honorable ßoard of Commissioners Ada County Highway District 318 East 37th Street. Boise, ID 83704 AT'1'N: Tom MacGregor, Di~ector REa "Eagle Road - Road Closure and Maintenance Agreement I "Gentlemen: "Here far your file is an original of the fully" executed Road Closure and Maintenance Agreement, which has been endorsed by this Department. Concerning ACHD commission's conditional endorsement, please be advised that it is this Department's intent to pave the" frontage road and intersections with plantmix. Sincerely, 4 {.~~.E. ~l Roads Enqineer JW:ljb:eagleroad Enclosure SEP 13 '05 23:25 FR CITY OF MERIDIAN 208 888 4218 TO P-AND-Z P.03/04 . . ROAD CLO SORES AND MAIIiTDANCE AG:ru:~.ENT . , "" LOCAL ROADS .3 / /.,s- Reg:ster # ... . , THIS AGREEMENT is made' and entered into ~his /9A day of ~~ ~""""""-, 19 Æ2.., by and between the IDAHO 'l'RANSPORTATION ~SION OF HIGHWAYS, hereaf~er called the nSTA~zn and the ADA COUNTY HIGHWA'!' DISTRICT" acting by ana through its Board ,of commissioners, hereafter called the -DISTRICT". PARTIES PURPOSE The STATE has programmed" the construction of. a 2, mil.e section of U. S. Highway 55 (Eagle Road), designated as projeets IR-84-J, (,12 )45 and F-FR-327l(44). The construction will require the . relocation" relinq1.1ishJnent and reconstruction of" eertain D:ISTRIC'l' road.. Access will be provided to i:.he newly constructed highway, as shown on the attached print, marked Exhi'bit IIA" and made a part. of t.h1...S Agreement. The Parties agree as follows: SECTION I. 'l'hat. t.he S'l'ATE ,.,i11; 1. Construct and maintain as a part of ~he State Highway "System that section of U.S." Highway S5 between Ramp" A-B and Fairview Avenue, as shown on !~hiÞit "An. ' 2. Construct DISTRICT road approaches to o. S. Highway 55. shown with an encirçlecS 1 through 7 On Exhi'bit "A". as . SECT10N II. Tha~ t.he DIS~RICT will: 1. Relinquish and close portions of Loder Place. Allen Street, Gentry Way, and Montvue Drive, as shown with an encircled 8, 9, 10, and 11 on Exhibit. "All. 2. After construction and upon written notice by the STATE. accept and maintain as a part of its highway system the Frontage Road located north of Overland Road and east of Eagle Read" the newly aligned portion of Mcntvue Drive, the newly aligned portion of Alletl Street, and Eagle Road from overland Road to Ramp A-B" . as shown on Exhi1:lit II All.. . ,,_--n- ... . ---" , . ". ., .. -1- SEP 13 '0523:26 FR CITY OF MERIDIAN . . 8 208 888 4218 TO P-AND-Z P . 04/04 .8 IN WI'rHESS WBBIlEO:r, the STATE has ce.ufied the Agreement to be executed" by its State Highway Administrator, attested to by his Secratary, and the Seal. of the IDAHO TRANSPORTATION DEPARTMENT, DIVISION 0' BIGBWAYS, affixed hereto: .and the DtSTRICT has caused this Agreement to be executed by the Board of co~issioners. attested to by its Director, and the corporate Seal of' the ADA COUNTY HIG~Y DISTRICT af"fixed hereto. A'l'-rESTI jJ vnd (j j - C /J.d-d MA , ~;et.ary (SEAL) . APP"RO"C AS TO tORM : tfJdkL t.J. ~ Legal Co=ctl . ï ATTEST: -D~' L. U" 64 'IV'- D IlECTO~ - (SBAL} By resula~l»p~~1~ meeting on ~Uqust 13, 1987 IDAHO TlAØSPORTAT10N DEPARTMENT DIVISIO5 or SXGBWAYS , ADA COUNTY HIGHWAY DISTRICT 8QAaO 01' COMMISSIONERS . -2- i 09/08/2005 88:28 288-387-6393 ACHD PLANNING PAGE 81 ~;. ~i t, '- ~ (h~ut1;, ~ John S. Franden, President Sherry It Huber, 1st \/ice President David Bivens, 2nd VIce president Carol A. McKee, Commissioner Rebecca W. Arnold, Commissioner September 8,2005 Joe Guenther, Assoc. City Planner City of Meridian VIA FÞJ(: (208) 888~6854 Subject: W.H. Moore Request to Vacate Portion of Right-of-Way Northwest Corner of Eagle Road/Overland Road Dear Mr. Guenther: The Ada County Highway District wishes to clarify our position regarding ownership of Eagle Road, . between Overland Road and the eastbound off ramp of Interstate 84. and hOw it relates to a request .. from W.H. Moore Company to vacate a portion of surplus right-of-way along Eagle Road (and Overland Road). ACHD has researched our records regarding ownership of Eagle Road right-of-way, between Overland Road and the 1..84 eastbound off ramp (denoted as Ramp A-8 in previous documents). Our records indicate that ACHO accepted into our system that portion of Eagle Road between Overland Road and Ramp A-B, in a Road Closure and Maintenance Agreement dated August 19, 1987. This matches our official road map and current maintenance responsibilities. Section 11.2 of the 1987 agreement states "After construction and upon written notice by the 5T ATE, (ACHD will) accept and maintain as a parl of its highway system. . . Eagle Road from Overland Road to Ramp A-B. . .~ As further support that ITO and ACHO have considered this section of Eagle Road to be in ACHD ownership, our current Cooperative Agreement for Maintenance of State Highways, dated August20, 2002 does not list this section of Eagle Road as an ITa facility - it begins at the eastbound 1-84 ramp and proceeds northerly. If the section south of the 1~84 ramp waS in fact ITO's, it would have been listed in the agreement ACHO has taken over ownership of severallTD facilities through the years, such as Fairview Avenue and Warm Springs Avenue, without the benefit of property being deeded over to ACHO. The common method has been through a jurisdictional transfer agreement such as the above noted Road Closure and Maintenance Agreement. It is therefore the position of ACHP that we have ownership of the portion of Eagle Road south of the eastbound 1-84 ramp, and it is within our powers and responsibility to determine if vacating any portion of the existing right-of.way is in the best interest of the public. For your information, we are recommending to our Commission that vacating a portion of the current surplus right-or-way along this stretch of Eagle Road (and Overland Road) is acceptable, but we intend to retain enough surplus right-of-way to accommodate the possibility of adding another lane on both Eagle Road and Overland Road along the WH Moore property, if needed in the future. If you have any questions, please contact me at bmillsCëùachd.ada.id.us, or at 387-6185. Ada County Highway District ~ 3775 Adams Street - Garden City, ID - 83714 -PH 208 387 6100. FX 345-7650 - www.õchd,õda.id.us 09/08/2005 08:28 208-387-6393 ACHD PLANNING PAGE 02 sincerelYQ., B~. Mills, P.E., Manager Right-of-Way & Development SefYices c: WH Moore Kathy Smith Gary IMelman TRANSPORTATION BOARD Charles Winder Chairman John X. Combo Vice Chairman District 6 John McHugh District 1 Bruce Sweeney - District 2 Monte McClure District 3 Gary Blick District 4 Neil Miller District 5 David Ekern, P.E. Director Sue Higgins Board Secretary IDAHO TRAN,SPORTATION DEPARTMENT P.O. Box 7129 Boise ID 83707-1129 (208) 334-8000 itd.idaho.gov September 9,2005 VIA FAX: 208-345-7650 Mr. BruceG. Mills Ada County Highway District 3775 Adams Street Garden City, ill 83714 Re: Location:" West of Eagle Road between Overland Rd. & 1-84 EB Eagle Off Ramp Route: Interstate 84 Name: South Eagle Rd. and Victory Rd. Property Owners Alliance Case: City of Meridian V AC 05-014 Dear Mr. Mills: In response to your September 2nd letter, we have also researched our records regarding ownership of Eagle Road right-of-way, between Overland Road and the 1-84 Eagle Road eastbound off ramp (denoted as Ramp A-B on the attached documents). The 1987 Road Closure and Maintenance Agreement you mentioned (attached) does indicate that as part of the U.S. Highway 55 (Eagle Road) construction, projects IR-84-1(12)45 and F-FR- 3271(44), the Ada County HighwayDistrict agreed to accept and maintain the section of Eagle Road from Overland Road to Ramp A-B. However, it was with the understanding that the established "three ball" Type V Interstate Access Control would be maintained as shown on Exhibit "A" of the Agreement (see also attached RIW and Construction plans). Type V control allows only interstate interchange access. ' We also mention that as part of the referenced project; the right-of-way in question was purchased by ITD using Federal Interstate Highway funds. Per 23 CFR Part 71 0 - Right- Of-Way and Real Estate, any change in access control requires FHW A approval. In addition, if ACHD wishes to vacate the subject right-of-way and allow an access point, ITD would need to be reimbursed the value of the new access point and the fair market value ofthe property to be vacated. Our records indicate that ITD is still the fee owner of the right-of-way. ITD reiterates our previous comment provided to the City of Meridian (in a letter dated August 24,2005) that it would not be prudent to vacate any portion of the right~of-way along Eagle Road. Due to the significant increase in traffic at the Eagle IC, additional improvements will likely be peeded at the IC ramps and Eagle Road including south of the ~/ interchange eastbound ramps. At some point in the future, it is likely, or at least possible, that a ":fì-ee flowing" , movement will be required or justified for the 1-84 eastbound to Eagle Road southbound traffic movement; requiring additional lanes on Eagle Road south ofthe interchange. If you have any questions please" call me at 208-334-8924. Sincerely, e ablan, P.E. ssistant District Traffic Engineer Enclosure cc: ~ill Berg, qity ofMerid~an ..... ; Steve Sidçloway, CityofM~ri9-ian Steve Party, Deputy Attorney General .....:'~it",- ~ &,~uL'1f, ~u- John S. Franden, President Sherry R. Huber, 1st Vice President Dave Bivens, 2nd Vice President Carol A. McKee, Commissioner Rebecca W. Arnold, Commissioner September 15, 2005 Ms. Anna Borchers Canning Planning and Zoning Department City of Meridian 660 E. Watercourse Meridian, Idaho 83642 RE: Dorado Subdivision - Vacation Application Dear Anna: I am writing as a follow-up to our telephone conversation regarding the W.H. Moore Company's application to vacate the right-of way that is relevant to the above-referenced development application. As you know, the original request was to vacate a portion of the ACHD right-of-way at the ----- - ----northwest-cOFner-ef-Qverland and Eagle-Roads,--includiog--aILright.,of,..way_.b-.elli.o_d the existing sidE3\tVal!<?--- After review by ACHD staff, it was determined that it would be prudent of ACHD to retain sufficient right-of-way to construct an additional lane on each road at some future date. Staff also determined that retaining five (5) feet of right-of-way behind the sidewalks and vacating the remainder of the right- óf-way subject to an ACHD Sidewalk Easement would allow the construction of an additional lane in the future. - --.---.-.-. The applicant has revised the application to vacate the ACHD right-of-way beyond five (5) feet behind the sidewalks. This equates to approximatEJly thirteen (13) feet to be vacated along Eagle Road and fifteen (15) feet tapering to twenty-one (21) feet along Overland Road. The legal descriptions are currently be revised by the applicant to reflect the revised request. Very truly yours, ADA COUNTY HIGHWAY DISTRICT ~.~ Steven B. Price General Counsel SBP/rgm c: Winston Moore Ada County Highway District. 3775 Adams Street. Garden City, ID . 83714 . PH 2083876100. FX 345-7650. www.achd.ada.id.us STATE OF IDAHO OFFICE OF THE ATTORNEY GENERAL LAWRENCE G. WASDEN September 30, 2005 Board of Commissioners Ada County Highway District 3775 Adams Street Garden City, ID 83714 BY FACSIMILE Re: NOTICE OF APPEAL: Vacation and Abandonment of a portion of Eagle Road and Overland Road, adjacent to the proposed Dorado Subdivision, located in the SEl/4 of Section 17~ T3N, RIE, Ada County, Idaho; REQUEST FOR STAY Dear Commissioners: The State Board of Transportation and the Idaho Transportation Department ("ITD") hereby submit this Notice of Appeal of the September 28, 2005 decision of the ACHD Board approving of the above referenced vacation and abandonment. This Notice of Appeal is submitted pursuant to the August 26, 2005 notice of public hearing issued by the ACHD and served on ITD, wherein Kathy Smith, the ACHD Right of Way Supervisor, states that "you will have twenty (20) days following the date of the public hearing in which to make an appeal to reverse said decision." The ground for this appeal is that the September 28, 2005 decision by the ACHD Board was made without basis"in fact or law. ITD's position in this matter is as set forth in ITD's September 26, 2005 letter to Ms. Smith, and those comments are incorporated herein by reference. ITD will provide a more detailed explanation of its legal position on this matter in a subsequent filing with the ACHD Commission. Contract$ & Administrative Law Dívisíon, Transportation Department PO. Box 7129, Boise, 10,83707-'129; Telephone: (208) 334-8815; FAX: (208) 334-4498 Located at 3311 W. State Street, Boise, Idaho, 83703-5881 Board of Commissioners September 30, 2005 Page 2 ITD also respectfully requests that the ACHD immediately stay any action with respect to the September 28, 2005 decision, pending a resolution of the instant appeal. Any actions taken by ACHD or a private entity pursuant to the vacation may have immediate adverse effects, and could prejudice ITD's and the State ofIdaho's interests in this matter. Please contact me if you have any questions about this appeal. ~ ¿¡~=O=sM Slli~ ~~SruR Deputy ~~ GeneraJ Idaho Transportation Department cc: W.H. Moore City of Meridian V"" ",' ~/l(. c ùllð-- ~ø~ eo~ui~ ~ç.e. John S. Franden, President Sherry R. Huber, 1st Vice President Dave Bivens, 2nd Vice President Carol A. McKee, Commissioner Rebecca W. Arnold, Commissioner October 3, 2005 RECEIVED OCT [I 6 2005 V IA FACSIMILE (208) 334~4498 Mr. Karl D. Vogt Deputy Attorney General Idaho Department of Transportation P. O. Box 7129 Boise, 1083707-1129 City of Meridian Public Works Director Re: ITD Notice of Appeal - Eaqle Road Vacation Dear Mr. Vogt: I am writing in response to your September 30,2005, correspondence regarding ITO's Notice of Appeal of ACHD's September 28, 2005, decision to vacate the right-of-way on Eagle Road - south of the 1~84 ramp. You indicated that you expect that this matter will be stayed at the Commission's first available opportunity. Pursuant to ACHD Policy, decisions of the Commission can only be reconsidered, not stayed. According to ACHD Policy #1006.11, ITO may submit a Motion for Reconsideration. The following is ACHO's procedure and criteria for a Motion for Reconsideration: 1006.11 Reconsideration A Commissioner, a member of ACHD staff, or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have bëen partly and materially carried out, or an action that has created a contractual relationship with third parties. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded, it is subject to a motion to postpone to a certain time. ., --- -----.-..".-.'------'--'-'--" ..-.------- ..' . . - - --'.'." . A motion for reconsideration may be made at the same meeting as the action to be reconsidered was taken. If not made at that time, the following procedure shall be followed: 1. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following thE? meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. 2. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. 3. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. 4. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. 5. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. As you may not know, ACHD is not governed by Idaho Administrative Procedures Act. Instead, ACHD is governed by its adopted administrative policies and procedures and, if applicable, any statutory rules that may apply. Please let me know how you would like to proceed. I am also requesting that any future communications regarding the above-referenced matter shall be conducted between legal counsel. Very truly yours, ADA COUNTY HIGHWAY DISTRICT - ;----- ~ ~ Q, t~. St en B nee General Counsel SBP/rgm c: J. Schweitzer, Director Steven J. Schuster, Deputy Attorney General - J5§!!J1Y Smjth, HightoLWay Supervisor Bruce Mills, Development Services Manager W.H. Moore City of Meridian .,,' -'~-} ~ø~- (k~ut~ ~t::Ð John S. Franden, President Sherry R. Huber, 1st Vice President Dave Bivens, 2nd Vice President Carol A. McKee, Commissioner Rebecca W. Arnold, Commissioner October 4, 2005 RECEIVED OCT 0- 7 2005 MEBIDrAN CITYENGINEER V IA FACSIMILE (208) 334-4498 Mr. Steven J. Schuster Deputy Attorney General Idaho Department of Transportation P. O.Box 7129 Boise, 1083707-1129 Re: Public Records Request: Vacation and Abandonment of a Portion of Eagle Road and Overland Road, Adjacent to Proposed Dorado Subdivision, Located in the SE 1fi¡ of Section 17, T3N, R1E, 8.M., Ada County, Idaho and (TO Projects IR-84-1(12)45 and"F-FR-3271 {44}. Dear Mr. Schuster: The Ada County Highway District ("ACHo") hereby submits this public records reqúest in accordance with the Idaho Public Records Law, Idaho Code 9~337 through 9-350. ACHo requests copies of the following public records: ' 4. 5. 6. 1. Any and all correspondence, memorandums, emails, documents or other public records exchanged between the Federal Highway Administration and ITD regarding the vacation and ab~ndonment of that certain portion of Eagle Road and Overland Road adjacent to the proposed Dorado Subdivision. Any and all agreements, amendments, correspondence, memorandums, emails, documents or other public records exchanged between the Federal Highway Administration and fTO regarding the fTDProject IR-84-1 (12)45 and F-FR-3271 (44). 2. 3. A copy of all public records regarding the ITo Project IR-84-1(12)45 and F-FR-3271 (44), including, but not limited to, any and alllTo Board minutes, agreements, amendments, correspondence, memorandums, emails, documents or other public records exchanged between the ACHo and lTD. Any and all records regarding that certain portion of Eagle Road from Overland to Ramp A-B, including but not limited to ownership deeds, real estate purchase agreements, appraisals, maintenance records, photographs, right-of-way delineations, or any other documents reflecting ITO asserted ownership. . A copy of all public records where the State Board of Transportation authorízed the submittal of the Notice of Appeal, dated September 30, 2005. A copy of any and all/TO access control plans that were adopted and in effect on August 19, 1987. - Steven J. Schuster . October 4, 2005 Page 2 10. 11. SBP/rgm 7. Any and all documents that ITO contends limits or restricts the access control for the above-referenced location to a "three ball" Type V Interstate Access Control, including, but not limited to, the definition of a "three ball access," as defined and in effect on August 19, 1987. 8. A copy of ITO policies and procedures in effect on August 19, 1987, for the development and/or drafting of the ¡TO Road Closure and Maintenance Agreements. 9. A copy of all public records regarding Loder Place, Allen Street, Gentry Way, and Montvue Drive, including the estimated number of square feet ACHD exchanged, and the related fair market value in August 1987. A copy of any and all public records that reflect the dollar amount of federal funds . expended to purchase right-of-way for that portion of Eagle Road from Overland Road to Ramp A-B, including, but not limited to, any sums paid to Frank and Louise Ragsdale and Warren Sheldahl. . . A copy of any and all public records that reflect the total amount of right-of-way that ITD acquired for that portion of Eagle Road from Overland Road to Ramp A-B. Very truly yours, ~TYH~CT -~" Stevenc. Price , General Counsel J. Schweitzer, Director Karl Vogt, Deputy Attorney General Kathy Smith, Right of Way^Supervisor Bruce Mills, Development Services Manager W.H. Moore City of Meridian Central Files c: