Minutes - 2001 - City Council - 10/09/2001 - RegularORIGINAL
EAGLE CITY COUNCIL
Minutes
October 9, 2001
PRE-COUNCIL AGENDA 6:30 p.m.- 7:30 p.m.
1. Ada County Sheriff's Office: Sgt. Patrick Calley will present the September monthly report.
Sgt. Calley distributes the monthly report and discusses the same. Deputy Borquist is being
promoted to Detective and we have a replacement, Deputy Jake Vogt. General discussion.
2. Snake River Alliance: A presentation will be given on the Snake River aquifer. Jessica
Hixson. Jessica Hixson cancelled and will reschedule at a later date.
3. Lisa Marie Goold will discuss the establishment of an Idaho Helping House. Discussion on
the "smart home" located in SpurWing. Discusses her business, CompuPrint, that recycles
printer cartridges and the donations made to the Helping House Fundraiser Program. Discussion.
4. City Engineer Report: Veto Brewer will discuss the Lower Boise River Water Quality Plan.
We have a number of cities participating in this plan but they have sewer plants that discharge
into the rivers. I cannot see a direct impact for the City of Eagle participation. Discussion.
Council does not wish to participate at this time and would like this solicitation passed on to
Eagle Sewer District.
Vern discusses the workload at Holladay Engineering at this time. We have two projects that
have been a major problem at this time. If Council would like to discuss these projects and the
time frame that Holladay Engineering is responding and the work that we are doing, I would be
glad to sit down with you and provide you our files. Discussion.
5. Mayor and Council's Report: Moved to end of Agenda
6. City Clerk/Treasurer Report: Moved to end of Agenda
7. Zoning Administrator's Report: Moved to end of Agenda
8. City Attorney Report: Moved to end of Agenda
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor calls the meeting to order at 7:40 p.m.
2. ROLL CALL: BASTIAN, MERRILL, SEDLACEK, GUERBER. All present. A
quorum is present.
PLEDGE OF ALLEGIANCE:
CONSENT AGENDA:
· Consent Agenda items are considered to be routine and are acted on with one
motion. There will be no separate discussion on these items unless the Mayor, a
Council Member, member of City Staff, or a citizen requests an item to be removed
from the Consent Agenda for discussion. Items rmnoved from the Consent Agenda
will be placed on the Regular Agenda in a sequence determined by the Rules of
Order.
Any item on the Consent Agenda which contains written Conditions of Approval
from the City of Eagle City Staff, Planning & Zoning Commission, or Design
Review Board shall be adopted as part of the City Council's Consent Agenda
approval motion unless specifically stated otherwise.
Mayor reviews the items on the Consent Agenda.
A. Claims Against the City.
B. Minutes of September 18, 2001.
C. Minutes of September 25, 2001.
D. Appointment of Election Judges and Clerks and designation of fees.(SKM)
E. Findings of Fact and Conclusions of Law for RZ-95 MOD - Development
Agreement Modification - Instrument No. 95062665 - Eagle Country Plaza
LLC: William Hodges is requesting a modification to the development
agreement approved by the City in 1995 (developed as Eagle Country Plaza
Shopping Center - Eagle Market Place) for an increase in the maximum height
allowed for monument signs from 8-feet high to 15-feet high. The 7.5-acre site
is located on the northeast comer of Chinden Boulevard and Eagle Road.
(WEV)
F. Findings of Fact and Conclusions of Law for RZ-04-01 - Rezone from A-R to
R-E - J. L. Ghent~ Inc.: J. L. Ghent, Inc., represented by Jaret Ghent, is
requesting a rezone from A-R (Agricultural-Residential - one unit per five acres)
to R-E (Residential-Estates - one unit per two acres). The 3.9-acre site is
located on the southwest corner of East Beacon Light Road and Edgewood Road
at 1343 East Beacon Light Road. (WEV)
(tape 1 side 2)
Merrill removes 4B. and 4E. from the Consent Agenda and Bastian removes 4A. from the
Consent Agenda.
Merrill moves to approve the amended and corrected Consent Agenda. Seconded by
Bastian. ALL AYE: MOTION CARRIES ..................
4A. Claims against the City. Boise Metro Economic Development fee in the amount of $5,000.
Bastian: I'm not sure that we will be getting $5,000 worth since this is for Boise Metro
Economic Development. I'm not sure how this benefits the City of Eagle. General discussion.
Bastian moves to approve the claims against the City except for the claim of the Boise
Metro Economic Development in the amount of $5,000 and moves to have a presentation
made to the City Council before approving the expenditure. Seconded by Guerber. ALL
AYE: MOTION CARRIES ...............
4B. Minutes of September 18~ 2001.
4E. Findings of Fact and Conclusions of Law for RZ-95 MOD - Development Agreement
Modification - Instrument No. 95062665 - Eagle Country Plaza LLC: William Hodges is
requesting a modification to the development agreement approved by the City in 1995
(developed as Eagle Country Plaza Shopping Center - Eagle Market Place) for an increase in the
maximum height allowed for monument signs from 8-feet high to 15-feet high. The 7.5-acre site
is located on the northeast corner of Chinden Boulevard and Eagle Road. (WEV)
Merrill: There are some inconsistencies between the minutes of September 18, 2001 and the
Findings of Fact and Conclusions of Law. I would like to continue these two items and have the
staff take a look at the minutes and the Findings. General discussion.
Merrill moves to have items 4B. and 4E. continued to the next Council meeting on October
23, 2001, for staff clarification. Seconded by Guerber. ALL AYE: MOTION
CARRIES ....................
Merrill moves to move Items #6 Unfinished Business to Item ~9 and Item ~9 Adjournment
becomes Item #10. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ..................
Merrill moves to add as Item # 8E the Open Container Permit for Shirley Buchanan.
Seconded by Sedlacek. ALL AYE: MOTION CARRIES ......................
5. FINAL PLATS: None
6. UNFINISHED BUSINESS: All items moved to g9 on the Agenda.
A. Discussion of the VISTA Volunteer Program: (RY)
B. Discussion of Old Town Eagle Archway sign for Eagle Road. This item was continued
from the September 25, 2001 meeting.
C. Discussion of the Payette River Scenic Byway Grant and the proposed revised costs for
landscape architecture services. (LS)
D. Review and action on the draft Order from the Eagle City Council denying Buster's
appeal of a code enforcement notice. (SEB)
7. PUBLIC HEARINGS:
Sedlacek: My parents own property adjacent to this property and I am wondering if I need to
step down. City Attorney recommends that Council Member Sedlacek step down for 7A., 7B,
and 7C.
Council Member Sedlacek steps down.
A. RZ-02-01 - Rezone from A-R to R-1 - RCMPG Investments: RCMPG Investments,
represented by Jean Cariaga with Development Services Inc., is requesting a rezone from A-R
(Agricultural-Residential - one unit per five acres) to R-l (Residential - one unit per acre). The
14.39-acre site is generally located on the southeast comer of Ballantyne Lane and Hereford
Drive. (WEV) This item was continued from the August 28, 2001 meeting.
B. PP-3-01 - Cedro Glen Subdivision - RCMPG Investments: RCMPG Investments,
represented by Jean Cariaga with Development Services Inc., is requesting preliminary plat
approval for Cedro Glen Estates Subdivision (a replat of a portion of Bakers Acres Subdivision).
The 14.39-acre, 17-lot (14-buildable) residential subdivision is generally located on the southeast
comer of Ballantyne Lane and Hereford Drive. (WEV) This item was continued from the August
28, 2001 meeting.
C. VAC-1-01 - Vacation to the final plat of Baker's Acres Subdivision - RCMPG
Investments: RCMPG Investments, represented by Jean Cariaga with Development Services
Inc., is requesting City approval to vacate public street rights-of-way (labeled as "future streets")
together with all utility easements within the right-of-way and the adjoining seven (7)-foot wide
utility easement abutting said rights-of-way from the final plat of Bakers' Acres Subdivision. The
applicant is also requesting the vacation of a portion of the Hereford Drive right-of-way abutting
the parcel, not to include the seven-foot wide utilities easement adjacent to the right-of-way that
will be widened and incorporated into the new plat of Cedro Glen Estates. The non-dimensioned
rights-of-way are located within Lots 1, 3, and 4 of Baker's Acres Subdivision, generally located
on the southeast corner of the intersection of Ballantyne Road and Hereford Drive. (W~V) This
item was continued from the August 28, 2001 meeting.
Mayor introduces Items 7A, 7B and 7C. Testimony will be taken on all three items at the same
time. Any action on the issues will be made by separate motion.
Mayor opens the Public Hearing.
Mayor swears in Steve Bradury.
Steve Bradbury, representing the applicant, also in the audience is Dave Roylance who can
address questions that I cannot answer. Provides Council with an overview of the applications.
Distributes a map for Council review and displays overheads of the project and discusses the
same. General discussion.
Vaughan: Displays an overhead of the site plan and provides Council an overview of the
applications. Displays overheads of Baker's Acres Subdivision plat and discusses the same.
Mayor swears in Susan Wildwood.
Susan Wildwood, Attorney representing the Baker's Acres homeowners, there are a number of
difficulties with this application. Baker's Acres is an existing developed area. Discussion on the
zoning and compatibility with existing area. This would add an additional 10 lot owners and this
would affect the rights of the existing homeowners. Discussion on the roads that have been
vacated. This has been a platted subdivision since 1974. This needs to be denied for lack of
compatibility and this is creating a subdivision within a subdivision. We request that you uphold
the Planning and Zoning Commission's denial. General discussion.
Mayor swears in Jerry Robinson.
Jerry Robinson, 1229 W. Hereford Drive, I spent a long time looking for something that I was
accustomed to and Eagle offered this. I wanted to live on a small acreage. My concern is
destroying the open spaces. Most of us have hay and large animals. There is machinery moving
around. We have a concern about people getting onto the property and getting injured. We like
to have plenty open space.
Mayor swears in Jim Choat.
Jim Choat, 1250 Hereford Drive, I own parcels 9 and 10. I have issues with pressurized
irrigation and the drainage. I have issues with people who don't understand fences and animals.
The liability scares me.
Mayor swears in Shauna Peterson.
Shauna Peterson, 1424 Hereford Drive, I am lot 11. We did a tax exchange when we bought the
property. We are one property and it is not be subdivided. We were told that the property would
remain 5 acre parcels. We raise horses and the liability is a real concern. 14 houses bring in
children and dogs. I am concerned about the irrigation water and what will happen to our
irrigation rights. Discussion on the restrictive covenants. General discussion.
Mayor swears in Chris Holmes.
Chris Holmes, 1553 Hereford Drive, we are lot 5, immediately to the East of the proposed
Subdivision. When I graduated from high school I bought the 5 acre parcel. We did not start
building until 1990 and it took us two years to finish the building. We have built the whole thing
by ourselves. I ask that the Council take into consideration our concerns and no approve this
request. Chris Holmes displayed a framed aerial photo of their property that was not retained for
the record. General discussion.
Mayor swears in Greg Holmes.
Greg Hohnes, 1553 Hereford Drive, which is lot 5. Baker's Acres was developed in 1974. The
lots were sold as 5 acre lots. Discussion on the covenants in place at that time. We appreciated
the fact the developers came to us with their plan to get our thoughts. We made it very clear that
we would oppose their proposal. We became aware that our covenants were a little weak and we
began a process of amending our covenants. The one acre lots are incompatible and there will be
numerous problems. We never thought we would have to put up with a subdivision within our
subdivision. Irrigation is a real problem.
Mayor swears in Lynne Sedlacek.
Lynne Sedlacek, 1200 Hereford Drive, last night the Sewer District agreed to take the matter to a
public hearing but I think the property will be annexed. Discussion on the irrigation. I feel this
application is incompatible with the surrounding area.
Mayor swears in Debbie Reed.
Debbie Reed, 1648 Hereford Drive, I am across the street from the proposed subdivision. We are
concerned that is this passes other people may want to split. We certainly didn't think our street
would change.
Mayor swears in Dan Hicks.
Dan Hicks, 1423 Hereford Drive, my husband Virgil and I agree with all the previous testimony.
Mayor swears in Kathy Parker.
Kathy Parker, 211 E. Highland View Drive, Boise. I called the title company today to get a plat
of Baker's Acres. There is no way that you could look at that plat and not know that there was
something intended for that ground. I have been working in Eagle with some one acre parcels. It
is not impossible to have a lovely transition from 1 acre to larger parcels. General discussion.
Steve Bradbury, I feel staff made good recommendations upon the information they had.
Discussion on compatibility. I have a hard time to understand how different size acreage are
incompatible. I have a hard time believing that there are not dogs and children already on the 5
acre parcels. This is part of the transition process referred to in the Comp Plan. The developer
has proposed a thirty foot landscape buffer next to the Holmes property. Those lots are as long
as a football field. Existing agricultural uses are protected under the Right to Farm Act. The
Developer would not object to this being put on the plat. General discussion.
Mayor swears in Dave Roylance.
Dave Roylance, Roylance and Associates, applicant, discussion on the 500' block issue. We
could eliminate that by putting the cul-de-sac there. This property seems to comply with the
Comp Plan and the subdivision ordinance. We also look for water and sewer connections
available. We don't have all the details of the irrigation figured out but we have the water rights.
I cannot see any reason why we can't solve the irrigation issues. General discussion.
Susan Wildwood, addresses the development map from the Ada County Assessor's Office.
General discussion.
Mayor closes the Public Hearing.
Mayor calls a recess at 9:35 p.m.
Mayor reconvenes the meeting at 9:45 p.m.
General Council discussion.
Bastian moves to deny RZ-2-01 Rezone from A-R to R-1 RCMPG Investments as presented
by Jean Cariaga with Development Services for the reasons stated tonight by City Council.
Seconded by Merrill. ALL AYE: MOTION CARRIES ..............
Bastian moves to deny PP-3-01 Cedro Glen Subdivision. Seconded by Guerber. ALL
AYE: MOTION CARRIES ...................
City Attorney Buxton: The applicant would like to withdraw the application for VAC-1-01
Vacation to the final plat of Baker's Acres Subdivision.
D. A-4-01 & RZ-7-01 - Annexation and Rezone From RUT to R-4 - Northwest
Development LLC: Northwest Development LLC, represented by Matt Munger with Hubble
Engineering Inc., is requesting a rezone upon annexation from RUT (Rural Urban Transitional)
to R-4 (Residential - up to 4 dwelling units per acre). The 4.31-acre site is generally located on
the southwest corner of Floating Feather Road and Horseshoe Bend Road. (WEV)
E. PP-7-01 - Addie's Corner Subdivision - Northwest Development LLC: Northwest
Development, LLC, represented by Matt Munger with Hubble Engineering, is requesting
preliminary plat approval for Addie's Comer Subdivision. The 4.31-acre, 19-lot (16-buildable,
3-conm~on) residential subdivision is generally located on the southwest corner of Floating
Feather Road and Horseshoe Bend Road at 3065 Floating Feather Road. (WEV)
Mayor introduces the issue. Mayor introduces Items 7D and 7E. Testimony will be taken on both
items at the same time. Any action on the issues will be made by separate motion.
Mayor opens the Public Hearing.
Mayor swears in Kristin VanEnglen.
Kristin VanEnglen, representing the applicant. Displays a vicinity map and discusses the same.
Displays a proposed preliminary plat and discusses the same. Displays examples of Colony II
Subdivision berm and a typical house that would be constructed. Displays an overhead of
Floating Feather Road. Further display of homes and floor plans. General discussion.
Vaughan: Displays an overhead of the site plan and provides Council with an overview of the
application. Displays an overhead of the plat and discusses the same.
City Attorney Buxton: Discusses the water issue. Mr. Munger and I have discussed the City
being able to use the water right on the City property. General discussion.
Kristin Van Englen: Discussion on the water rights. I have already offered the water rights to
our neighbors to the South. Maybe we can work this out. I would be happy to met with them
and see if this would work. Discussion on private streets.
Mayor closes the Public Hearing.
General discussion between Council and the applicant on private streets and sidewalks.
Applicant agrees to sidewalks on one side of the street but doesn't think a stripe is necessary on
the other side of the Street.
Matt Munger, Hubble Engineering, discusses the roads and the sidewalks. I'm not convinced that
a stripe needs to be on the other side of the street. Discussion on the drainage. Discussion on
tree lined streets within subdivision in the City. Discussion on the grassy swell.
General Council discussion.
Bastian moves to approve A-4-01 and RZ-7-01 Annexation and Rezone from RUT to R-4
Northwest Development LLC represented by Hubble engineering, including Site Specific
Conditions of Approval. Seconded by Merrill. Discussion. ALL AYE: MOTION
CARRIES ................
Bastian moves to approve PP-7-01 Addie's Corner Subdivision - Northwest Development
LLC with change in Site Specific #11 and an addition of Site Specific 4t21: 3" caliper street
trees shall be planted within 4' of the sidewalk on the sidewalk side and on the house side of
the street within 5' of the road, to be placed 35' minimum distance together and maximum
of 83' feet apart. Site Specific #11 to include the provision for access and maintenance to
the well distribution lines and well and pump facilities. Site Specific #15: delete "with the
opposite side of the road to be a 4' wide striped pedestrian bike lane". Seconded by
Merrill. Discussion. ALL AYE: MOTION CARRIES ..................
F. VAC-3-01 - Vacation of remnant right-of-way parcel adiacent to Senior Creek
Subdivision (Spring Creek III) - Spring Creek Eagle LLC: Spring Creek Eagle LLC,
represented by Dan Perry with Arrow Engineering & Surveying, is requesting City approval to
vacate a remnant parcel of public right-of-way purchased by the Ada County Highway District in
conjunction with the street right-of-way for the Ranch Drive extension west of Eagle Road. The
remnant right-of-way parcel abuts Spring Creek III (platted as Senior Creek Subdivision)
adjacent to the future extension of Ranch Drive, located on the northwest corner of the
intersection of Eagle Road and Ranch Drive. (WEV)
Mayor introduces the issue.
Mayor opens the Public Hearing.
Vaughan: Displays an overhead of the site plan and provides Council an overview of the request
for a vacation.
Mayor closes the Public Hearing.
Merrill moves to approve VAC-3-01 Vacation of remnant right-of-way parcel adjacent to
Senior Creek Subdivision (Spring Creek III) - Spring Creek Eagle LLC. Seconded by
Sedlacek. ALL AYE: MOTION CARRIES .............
8. NEW BUSINESS:
A. Discussion of FY 2003-2007 Transportation Improvement Program and the Five Year
work program. (WEV)
Mayor introduces the issue.
Vaughan: Provides Council with an overview of the recommendations for the FY 2002-2006
TIP program. #2. Council has recommended that the speed limit not be reduced from State Street
to Beacon Light Road on Highway 55. General discussion on Item #2. The Commission did not
discuss additions. However, Commissioner Decker has requested an addition. Decker's addition
is an enhancement issue. General discussion.
Merrill moves to approve the recommendations for FY 2003-2007 TIP program and ACHD
5 Year Work Program as recommended from P&Z and with the recommend changes
discussed tonight and that we send the recommendations to Compass. Seconded by
Guerber. ALL AYE: MOTION CARRIES .....................
Bastiau: Council Report: Discussion on the satellite dish for the Library. They will do a
drawing and an application. Discussion on screening of satellite dishes. Library should consult
with the Design Review on the matter of screening the dish.
Discussion on the circulation and the patron usage.
Bastian leaves the meeting at 11:40 p.m.
B. Ordinance No. 388: An Ordinance Changing The Zoning Classification Of The Real
Property Described Herein From R4 (Residential, Four Units Per Acre) Classification To Mu-
Da-P (Mixed Use With Development Agreement And Pud) Classification; Amending The
Zoning Map Of The City Of Eagle To Reflect Said Change; And Providing An Effective Date.
(WEV)
Mayor introduces the issue.
Guerber moves, pursuant to Idaho Code, Section 50-902, that the rule requiring
Ordinances to be read on three different days with one reading to be in full be dispensed
with, and that Ordinance//388 be considered after being read once by title only. Guerber
reads Ordinance #388 by title only. Seconded by Merrill. ALL AYE: MOTION
CARRIES .................
Guerber moves that Ordinance # 388 be adopted. Seconded by Sedlacek. Merrill: AYE;
Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ..........................
C. Ordinance No. 397: An Ordinance Changing The Zoning Classification Of The Real
Property Described Herein From R-4 (Residential District - Four Units Per Acre) Classification
To Mu-Da (Mixed Use District With Development Agreement) Classification; Amending The
Zoning Map Of The City Of Eagle To Reflect Said Change; And Providing An Effective Date.
(WEV)
Mayor introduces the issue.
Merrill moves, pursuant to Idaho Code, Section 50-902, that the rule requiring Ordinances
to be read on three different days with one reading to be in full be dispensed with, and that
Ordinance #397 be considered after being read once by title only. Merrill reads Ordinance
#397 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .................
Merrill moves that Ordinance # 397 be adopted. Seconded by Sedlacek. Merrill: AYE;
Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ..........................
D. Oppenheimer Proposal for new City Hall facility:
Guerber moves to table the Oppenheimer Proposal for new City Hall facility to the
November 13, 2001, meeting. Seconded by Merrill. ALL AYE: MOTION
CARRIES ..................
E. Open Container Permit.
Merrill moves to approve the request of Shirley Buchanan on behalf of Charlie Brown Inc.
for the beer garden located at the Wagner Farms Corn Maze with the conditions suggested
by the City Clerk. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ....................
9. formerly #6. UNFINISHED BUSINESS:
A. Discussion of the VISTA Volunteer Program: (RY)
Mayor introduces the issue. There was one applicant that looked real strong and we need to
interview this applicant next week. We learned today that our $3,000 commitment is
nonrefundable even if the VISTA Volunteer Program leaves the program. General discussion.
B. Discussion of Old Town Eagle Archway sign for Eagle Road. This item was continued
from the Septentber 25, 2001 meeting.
Mayor introduces the issue.
Sedlacek: Discussion on request for proposals on actual installation. The more I thought about
this, the more I realized this is more involved than what I initially thought. We don't have a lot of
specifications that we can use to get proposals. General discussion.
Buxton: I need to look and make sure that I can get the sole source to work. I am concerned
about bid shopping. We usually have a Resolution that there is a sole source. For the casting it
appears that is a sole source.
General discussion.
Sedlacek moves to table the discussion on the Old Town Eagle Archway sign to the
November 13, 2001 City Council meeting. Seconded by Guerber. ALL AYE: MOTION
CARRIES .............
C. Discussion of the Payette River Scenic Byway Grant and the proposed revised costs for
landscape architecture services. (LS)
Mayor introduces the issue.
Sedlacek provides an overview of the proposed revised costs for landscape architecture services.
General discussion.
Sedlacek moves to approve the Scope of Services for the total additional fee cost for The
Land Group to be increased not to exceed $7,200 and to allow any additional costs for
compensation for additional services with a cap that it does not increase the costs to the
City of Eagle or increase the cost of the original grant amount. Seconded by Merrill. ALL
AYE: MOTION CARRIES ..............
D. Review and action on the draft Order from the Eagle City Council denying Buster's
appeal of a code enforcement notice. (SEB)
Mayor introduces the issue.
City Attorney Buxton: Discussion on the code enforcement efforts and the order denying the
appeal.
General discussion.
Merrill moves to adopt the order denying Buster's appeal of the code enforcement notice.
Seconded by Guerber. ALL AYE: MOTION CARRIES ..................
Further discussion on Buster's sign.
Pre-Council - Reports:
City Attorney Report: Reports on the status of the Covino case. Their brief has been filed and
received. We need to prepare our reply brief. General discussion.
Discussion on the Wells' property. We decided to run a title search on the property. There was a
proper deed on that property. General discussion.
The Ranch Building letter went out to Mr. Transtrum. General discussion.
Discussion on the water rights issues and resolving the protests. General discussion.
Discussion on the City obtaining additional water rights. General discussion.
Zoning Administrator's Report: School District is in the process of putting shields on the
parking lot lights.
Discussion on the ABC Siding Company's trailer that has been used for advertising purposes.
We have taken pictures of the now hiring sign to show that they have been using the trailer for
advertising. General discussion.
City Clerk/Treasurer Report: On the Water Fund. Lexington HilIs/TVV has been paid in full
as of the end of September, 2001. All of the $530 hook up fee will be retained in the Water
Fund. General discussion.
October 29th is scheduled for a joint meeting. Contact Planning and Zoning and Design Review
to find out if they have any issues that need to be discussed at a joint meeting.
Mayor and Council's Report:
Guerber: I will be gone for the October 23, 2001, City Council meeting.
Merrill: I have some additional information on installing the fence at Heritage Park. General
discussion.
Merrill moves to approve $1,961.80 to Precision Fencing for the fencing at Heritage Park,
not to exceed $2,200. Seconded by Guerber. Discussion. Merrill: AYE; Sedlacek: AYE;
Guerber: AYE: ALL AYE: MOTION CARRIES ......................
Mayor: Discussion on the proposal from CHSQA for City engineering services. General
discussion.
Merrill: Discussion on park signage. General discussion.
10. formerly gq). ADJOURNMENT:
Guerber moves to adjourn. Seconded by Guerber. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 12:30 a.m.
Respectfully submitted:
~'~HARoN k. MOORE [
CITY CLERK/TREASURER
APPR~)~ED:
RICK YZAG~I~P~E,
MAYOR "~
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COMPREHENSIVE PLAN
Section 1.3 Vision Statement — p. 3
a. Successfully balances many of the rural elements of its heritage with growth
e. ...distinctive open space, parks and outdoor recreation.
h. ...unique community that maintains its rural residential feel in the midst of the
Treasure Valley
Chapter 2 Property Rights — o. 4
Section 2.3 Property rights of landowners shall be protected from arbitrary and discriminatory
actions: dilution of voting rights of existing property owners — CCRs
Chapter 5 Economic Development
Section 5.3 Goal — p. 13
Encourage an economic base complementary to Eagle's rural identity
Chanter 6 Land Use — p. 15
Section 6.1 Land use designations as reflected on the Land Use Map are based on the
existing land use pattern, existing natu.al physical features such ...compatibility with
other uses of the land...and the needs of local citizens.
Section 6.2 Land Use Issues
Residents of Eagle and its Impact Area have a strong desire to maintain the rural "feel"
of the community.
Section 6.3 Land Use Designations
Residential Rural: Suitable primarily for single family residential development on large
acreages which may be in transition from agricultural to residential use or may combine
small scale agricultural uses with residential uses. Residential density of up to one
dwelling unit per five gross acres may be considered by the City for this area.
Residential One: Suitable primarily for single family residential development within
areas that are rural in character. Resic'-'.1tir 1. density of up to one dwelling unit per one
gross acre may be considered by the City for this area.
Section 6.5 Goal
To preserve the rural transitional identity.
Eagle Comprehensive Plan — p.
Section 6.6 Objectives
a. To encourage the preservation of open spaces.
b. To discourage lot splits in approved platted subdivisions.
Section 6.7 Implementation Strategies
c. Provide for a broad spectrum of housing types including apartments, townhouses,
condominiums, single family attached, manufactured homes, affordable and
subsidized housing and large acreage developments.
i. Protect gravity flow irrigation systems including canals, laterals and ditches to
assure continue delivery of irrigation water to all land serviced by such systems,
to protect irrigation systems as a long range economical method for water delivery
and to coordinate surface water drainage to be compatible with irrigation systems.
j. Farm related uses and activities should be protected from land use conflicts or
interference created by residential, ^ommercial, or industrial development.
P•
Encourage a verity (sic) of housing through such mechanisms as PUD's in
subdivisions including large lot subdivisions.
Chapter 7 — Natural Resources and Hazard Areas
Section 7.9 Goal
Special concern and attention should be given to the preservation of fish, wildlife, water
resources, air quality, agriculture, open space and recreation -nature areas when
implementing planning and zoning decisions.
Chapter 8 — Transportation
Section 8.3.1 Paths
Function: To provide for recreation and alternative transportation; important to provide
safe continuous thoroughfares with minimal cross flow of vehicular traffic.
Location: Paths could be located on corridors separate from roadways such as utility
easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be located
along roadway right-of-ways and would usually be separated from vehicle travel lanes
and the paved section of the roadway by a median or sidewalk.
Section 8.6 Implementation Strategies
d. Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle Transportation/Pathway Network
Eagle Comprehensive Plan — p. 2
Maps #1 and #2, adopted local and regional pathway plans, as may be needed for
intra -neighborhood connectivity and to ensure that bike and pedestrian traffic is
not unnecessarily pushed out onto arterials and collectors.
o. Encourage arterial and collector roadway design criteria consistent with the rural
nature of planned and existing developments generally within the areas designated
on the Land Use Map as Residential Rural (one dwelling unit per five acres
maximum) and Residential Estates (one dwelling unit per two acres maximum)
(see list of roadways below)....
For purposes of this section...roadways should include, but are not limited to:
Ballantyne Road
Chapter 9 — Parks, Recreation and Open Spaces
Section 9.5 Pathways and Greenbelts
Pathways are nonmotorized multi -use paths that are separate features from bicycle and
pedestrian lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e., the
Boise River and Dry Creek) and are designed to prevent undesirable encroachment.
Greenbelts may included pathways and/or bike lanes.
Section 9.5.1 Goal
To create a pathway system that provides interconnectivity of schools, neighborhoods,
public buildings, businesses and parks and special sites.
Section 9.6.1 Goal
To provide wherever possible open space and natural features such as natural river
frontage, greenbelts, river trails and pathways, reeks, flood plains and flood ways,
drainage ways and canals, development buffers, wooded areas, grasslands, foothills, and
viewpoints for public use and enjoyment.
Sections 9.6.3 Policies
b. To encourage cluster development to retain open space
Sections 9.6.4 Implementation Strategies
a. Require developers to utilize open space for above -ground, on-site storm water
management (i.e., grassy swales, constructed wetlands, and water features).
•
Eagle Comprehensive Plan — p. 3
Chapter 10 - Housing
Section 10.1 Background
The Eagle area is transitioning from primarily agricultural land uses to residential and
commercial land uses. Eagle's quiet charm and .agricultural roots have made the
community a mecca for those seeking larger lots for pen space and gentleman farming.
Over the last years much of the agricultural land has been divided into a verity (sic) of
parcel sizes which are highly sought after by many urban residents. Density options that
reconcile quality of life and costs of services issues must be balanced and will require
compromise by all parties.
Chapter 12 — Community Design
Section 12.1 Background and Vision
Community design is the organized fashion in which a community is developed in order
that a general mood or theme is established and maintained.
Elements of the Eagle community des'gn i__clude: (a) a rural transitional community with
a shopping district functioning as the hub of the community;...
Section 12.2 Goal
Strive to create an aesthetically pleasing community and protect the unique natural beauty
and small town character of the City.
Section 12.4 Implementation Strategies
a. Establish and maintain a development pattern and design criteria in keeping with
the rural transitional identity of Eagle....
i. Buffer and transition zones should be developed between conflicting types of land
use.
P•
Maintain the rural residential crnaracter and open space environment in and around
the City.
Eagle Comprehensive Plan — p. 4
1
i
752.93Z7
VACATION OF PUIII IC RIGI,T-OF-WA.
Pursuant to the Idaho Code, the Commissioners of the Ada County Hie'ieav
District, a body politic and corporate of the State of Idaho, having
convened in a regular meeting of the Ada County Highway District, have
authorized by the duly adopted resolution the release, vacation and
abandonment of the following described public right-of-way to -wit:
To vacate four strips of land being 50' in width and their radii intersection
returns. Said strips run easterly and westerly and have been dedicated for
public street purposes and are shown as "future streets" on the Baker's Acres
Subdivision located in Section 7 and 8, T4N, R1E, B.M. This vacation does
not include any area within the intersections of these future east -west
streets and the future north -south streets as shown on said plat.
✓ Strip No. 1 begins at the east line of a future north -south street approx-mately
330' east of Ballantine Lane and ends in a cul-de-sac to the east; the center-
line of the strip is 495' north of and parallel to the centerline of Hereford
Drive.
VStrips Nos. 2 thru 4 begin at the east -line of Ballantine Lane and run easterly,
parallel to Hereford Drive to the west line of a "future street" which is 25'
westerly from the east line of Baker's AcrEs Subdivision. Strip i;o. 2 has 17-
its
/its centerline 165 feet north of the centerline of Hereford Drive. Strip No. 3
has its centerline 165 feet south of the centerline of Hereford Drive. Strip
No. 4 has its centerline 495 feet south of the centerline of Hereford Drive.
Subject to any and all rights, easements and rights-of-way of record or not of
gosaid premises, with their appurtenances are herewith released, vacated
and abandoned unto the adjoining and abutting property as follows. One half
of the vacated "future street" to become Part of the adjacent narcels to the
North and South thereof.
IN WITNESS WHEREOF, the Commissioners of the Ada County Highway District in
official meeting on the 18th day of September lg 75 having been duly
authorized, do herewith release, vacate and abandon the oredescribed t'•jblic
right-of-way as recorded in the certified minutes of said i'eetino, now on
file in the office of the Ada County Highway District.
Subscribed and sworn this 25th day of September , 1975 , by the President
of the Board of Commissioners and the Director of the Ada County Highway District
ADA COUtITY HIGHWAY DISTRICT
By �n
Leon FairFanks, President
'AT1EST!1
J £' 6.�-y�l.v L�(,r
Elmer E.-Siniville, Director
•
STATE OF IDAHO, COUNTY CF ADA on this 29_! day of d� +s3yti—in the near of
/17r -before me a tart' ublic for the State of Idaho, nerspnally appeared
GA -o .J t"4i/2 �a,.•-'J and Nr�U F J, -J i, [.G
known to me to be the President and Director respectively of the Ada County
Highway District, that executed the said instrument and acknowledged to me that
Ada County Highway District executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand a ffixed my offi,;j kl seal,
the day and year in this certificate first above vey€ten.
Residing at kc/S6,-=- 42.'7413
Com. Exni res p (� f 76
Rotary Public
Boise, Idaho
A. . County. 1.1Jho, So
of
Ada Cour•:,
-• c ,c
Tn, /(( /r' M.
L:. •+-':CF PLANTING
•• ._. �_) 5t' 1� /-�
..� OCT -09-2001 TUE 03:31 PM TRANSNATION-EMERALD
TITLE AND ESCROW, INC.
n
Fax Cover Sheet
October 09, 2001
To: Kathy Parker
company: Group One
Fax Number. 338-9215
Agent Fax:
RE: Property of:
"—'Remarks
Ulm
FAX N0. 2083756750 P. 01/02
OCT 09 2001
From: Sean Toombs
Customer Service
Phone: 377-3190
Fax: 375-6750
e-mail: stoombs@landam.com
Location:
BAKER'S ACRES SUBDIVISION
THE SENEI( OF SECTION 7 AND A PORTION CF THE
SW . NWWCF SECTION BALL IN TAN, RIE. B.M.
ADA COUNTY, IDAHO
1974
UNPLATTED
s Erse'slr M 1704.4f
rte': - r7 s�
i : 11 ! t 1 11 1I( L... '
4
FT -T
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Eat Mali's; sOISI exisguet o 04 00 ryal.i11 000ri0vr0 c! a
IOaa ponow wet ad •..Mlelf . 3 ta+ae SIM or
Wars r►rrI 060 .4$0 srM 4 11. Dasn ri t AMA.
-41,44Prab
ELMriTt im—ri
J
,EfeumliETKI
-T1
001/04:0
11021
00.40.0
UMW
• ALL COME RSIS SIL'X 30' STEEL F'31
SACK WASICE
- -- s ACRE LOT • STS
-----PROPOSED IMRE S1»(1S
- PROPOSED WTUEL LOTS
URP ATT ED
MOTE=
AtL.AT LINES CnMiOM TOA MIX
150Hr-Of•WAYLIMIL NOE A7 VAMPIIRMANDIT
100141-4MY. RIC DUMPS. 0RA •
AND MOWER tMSLVtNT.
aaw Stas oowte>to oar
wLlawslott
w •.rt'
0.060104.
fi•al0'
to ova:PWlrt:
0
pook 36
P A q e 307
N
r•t 4.S$
• 4 M�1ibr
rse
r1MKd
a, of .prafts•rw
taD
SCALL 14 FEET
revue
RI. &r*i9 is 1. Air pairs, , #rrd,.r
yip ,�I �
.te 1L► lSi�s /L�dw/ry re
phe lr/i'0bf
id ie liftroistrafrm
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Mrawwm cif. nts r A 1r.o w
/ /s , w!/ALS at meins JJetAact i. ivyfit,/ r11
ttn M stlJ las d•�
stir/wows i:wW ed l&n errDMMR 1/rtr/s
sw0 /iMr nJ Oho fyy 4S ' Mb,. ../1
• e Jwiioef Ao" 404 Awy s Iw w "wad*.
:for {py,.0" p(f,, //L+ar /A M4 tisirarram 4diveliro.
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L
' 02/08/2001 10:13 9396118 DATD
1
•
• •
7506:),1-;s8
PROTECTIVE COVENANTS AND REGULATIONS OF
BAKER'S ACRES SIIDDIVISTON
•ADA 'COUNTY,' STATE •OF 1P,110
PAGE 02
••
. KNOW ALL MEN BY THESE PRESENTS:
•••
That WQ, the undersigned, are the owners and the •
, : oides'.of7the title in fee simple of all that certain real •-
4.; •
. • *1;1,44.4.: c,..statfl 9,ittlate Ada COUR ty, .Idaho.. particularly dc scrthed
as fol/ows:
•
The Southeast quarter or the Northeast quarter,
Section 7, and the Southwest quarter of tho North-
west quarter, Section 8, Township 4 North, Range 1
East, Boise Meridian, Ada County, Idaho,
EXCEPT 2-1/2 acres north of Dry Creek Canal.
1. GENERAL PROVISIONS: Grantors hereby certify
that they have established, and do hereby establish, a general
-ilinloitcheldoiciOpment, improvement, maintenance and pfo-
tection of the real property embraced in BAKER'S ACRES SUR -
DIVISION, more particularly described above; and have established,
and do hereby establish, these Protective Regulations for the
benefit of alt persons who may hereafter become the owners. of
lots in said Baker's Acres Subdivision, all of which lots are
hereby declared to bc subiect to rh&" Prnteetive Covenants
• and Regulations, which shall attach to and run with the land.
and each and every part and parcel thereof, rnd shall hind alt
persons who mny, at any time and from time to time, own said
property or any part thereof, and their respective personal
• represontatives, heirs or successors in interest.
Those protective regulations shall bc doomed to bo
fully and sufficiently described or itwrirpnrated into any
instrument or convvyancr by de::ignating and referring to the
same as the "Pruroctivo Cnvonnnts an0 Regulations of Dakcr's
Acres SubdivI5ton."
PROTECT I VE COVE.NAKI'S Li. 1
02/08/2001 10:13 9396118 DATD
•
.. w� .. � moi.:: •..... •.w.. .
•
,' o term "tremors`' llcrraftcr asst'. .:. ;,.i: regulations
shall refer to Kt -north 11. Baker and Nona li. Baker, '.t.: ,ail:; an
'wife, sole owners. The term "Grantee" Hereinafter !‘.. u herein
shalt refer to any purchaser of a block or 1 -locks •
•
PAGE 03
.
lots in Baker's Acres Subdivision and to said purchaser's
successors in interest and assigns.
2. 1.ANi) USH: All of the .blocks. in said' subdivision
shalt be known and described as residential blocks, and silo ' •
Mocks or any part thereof, or any str;sc`ures placed thereon,
s1i.lt not be used for commercial purposes, but the use of said
blocks shall be limited and restricted to, sing:o or multiple
family dwellings which shalt not exceed 2-1/2 stories in height
and attached, semidetached or detached private garages or carports
for not more than four cars, and other out -buildings incidental
to a suburban acreage or urban residential use as contcmpl n ted
by tho Ada County subdivision ordinance.
3. BU!LOTNG LOCATIONS; No building Khali be located
on any lot nearer than 30 feet from the present or future front
lot or street' .lino or nearer than 10 feet to any interior block
lino, or nearer than 5 foot to any future interior lot line,
or nearer than 2S feet to any side street line, each distance,
respectively, measured at tho closest point of said structure
to said present or future front, street or side lot or block
line.
As an appurtenance to any dwelling house, a private
garage, garden house, or structure for thc Purpose of housing
livestock may he erected within the building limits herein •
set forth, and architecturally in harmony with the permanent
house. Where a garage or other appurtenant structure is not
part of thc dwelling house, no portion or the garage or
PROTECTIVE Cnvi:NANT . , p. 2
02/08/2001 10:13 9396118
•.;;A:•.
•r.
0.
DATD
PAGE 04
•
ti•3 % • •
other 1 , leaver the c
�, ,,.5.77t.,.1.;.,,�,.,., _ structure shall l e t to front or trent "lino than the Front lint, of the hoose. No barn, loafing shed or
• •• ; <+ i ;5 •R•re •t; .m c. _ '..:. other building for housing or circ ofanimals •spa? 1 'be pt:tccei .... =•..• .+
within 100 feet of any neighboring residence building or
•
individual domestic well. __.:r::.�..;::.:.:.:.•-r M. -
r.r...z
For the purpose or this paragraph, caves, •steps,.
• ''7' ' •open rorches and bays shall he considered a part of the
.' ?•buildings'•�or •structures. • '
•
r -. �r� �`•� .V Y�i •may •7
v•r•'
. .:tet 1:, y?i:-w 1/..�i •'.R•.�r.
4. hhtl.tl[Nc SIZE: The ground .floor area of the main . •`•�
exclusive of one-story open perches, terraces, and �=.;;_. az -;;•
garages, crcctad or placed on any building lot shall bo nab.:••.
.,.r ::,..,..-ice
less tat•zn IMO square feet. ':::� �• •
• MAMMALS) ::.::zsa,-•.r...; .S. ►[.)TNC All bti1dins crccted u vn..sc •..
any building lot in this subdivision shalt he of stone:, pr:,.:_iT,.-1,:::...;,.,;•'..:'...:::,..-`1
"'frame,.concrotc, metal or umice block extcri r •,r c>` p o 'constrit,
and if other than brick, metal or stone is used, such buiidtii6"''
shall be finished, painted, and maintained in good repair .so'
as to he inoffensive to any other property owners in said
subdivision.
6. ' WORK i'Rf)SI:CUTIO?i: The construction of all hu.ildingr •,
or dwellings shall be prosecuted diligently and continuously
from the time of commencement thereof, and same , shal 1, be ,�•
completed, including; exterior painting. within eight months
after thc date of commencement of construction unless •,comi?lc-'.. - .
tion is prevented by causes boyond thc control of the grantee.
7. r1iAl1'oRAhl STilucTW 1:5: No structure of a 'teditioiary • ;:-�� •'^7C!:••
character, traitor, basement, tent, shack, garage, barn, ot•:• . •
other outbuildings shall be used on any int at any time as a
residence either temporarily or permanently, except that an
owner actually building a residence tan occupy temporary ' •
living facilities For not more than one year.
i'rnTia:1• tvl's COVicu.\NTS , p, .3
•
02/08/2001 10:13 9396118 DATD
• - - I
. _. ....
•
. .
PAGE 05
•
• •.
.. •
a. LIVPSTOCK:
Nu dogs, cats or other household
pets or poultry may he bred or maintained for anv c,mmercYt
purpose. •
•
9: .-FENCE5:: fence higher than 4 feet shall be . . .
• installed or maintained along the front lot lino, nor along
%..the side lines from the front lot line to front building '
• • . ••
.. :. ......:: -line, and no fenco higher than 6 feet shall be installed of
• . . ...11:::
mitintiitied 'nlong the rear lot line or side lot llnes from
hg:i.datt01401000*Ite4ft.on
.414ligliafili-ifli.ior lot. lino. ' .,...
we • • • • • •
. .
. said :lots shall have n pipe thereunder at least 10 inches
in diameter, near tho street line oC said properties, except
th4tany point where said driveway crosses any ditch or pipe
used for the conveyance of irrigation water. said pipes being
-for the purpose of permitting tho movement of irrigation waters '
nd for ,the parpose of drainage, shall have a pipe thereunder •
. ••• ' • .
at least .15 inches in diameter. The pipes herein referred to.
•
may consist of tile, concrete, iron or steel or any other sub-
stance of permanent nature. All pipe installations made within
a dedicated right-of-way shall bc made only after plans therefor
.--,..—shallhave'been submitted to and a permit grnnting approval
thereof shall have been issued by the Ada County Road Super -
.visor, with respect to the adequacy or such installation's for
drainage purposes.
11. DOM:MC WATER: It is contemplated that domestic
water fur use in any building erected upon a building site
shall be supplied by thc Grantee and originate.from a well
• . • •
to he drilled and excavated by the erantee at his expense.
Such wells shall he located at a minimum distance
oC 100 feet from the indilsidual sewerage disposal facilities
and shall comply in all respects with regulations and hcaltb
standards of the Ada County Health Department and State of
Idaho Department nr Health.
10. DRIVEWAYS: Any driveway constructed on any of
PROMI1VE COVliNANTS, p. 4
02/08/2001 10:13
9396118 DATD
la
PAGE 06
•
12. 1cASl:iflHT Easetments ••for:'installation lipid � • •• "'- •
maintenance of utilities, irrigation and drainage facilities
,-aro reserved for .location ttt nny'-'suitablc ••placc. In 'said I • act,
and along lot and block boundaries as shown on the snbdivision
plat.
• 13. 'NUISANCES: No noxious or offensive activity
• shall be carr• ied on upon any trach, nor shall anything be
,+4ti'13 .
, -. �xltW'�t: • ' .�.. .ys
¢;•i.Jc
•
°• clone thereon which may be or may become an annoyance or. .
•
�Or�
nuisance to the neighborhood.
14. ' SP1YAC1's DISPOSAL: All bathroom, 'sink and toilet
facilities shall bo located inside the dwelling house or
other suitable appurtenant building and shall he connected
by underground pipe with a private septic tank,placed at n
depth and made of a type of construction approved by the
• Ada County and the State oC •Ida&o 'hoalth 'tuthorities.
Drainage from said septic tank shall be kept within
the building limits of each building site unless adequate
. easement is obtained from an adjacent lot or block owner, as,
for example, whore drain fields aro required to be located
away from the river. Approval of all sewage disposal systems
installed shall he obtained from the Central Health District
and the Grantor shall lt:tvo no obligation to construct any
sewer or provide any connection thereto.
All sewage disposal systems t;h;tll ho constructed
in compliance with the standards of the Department of Public •
Health, both state and county.
IS. TRASH: No tract, block or lot shall be used
or maintained as 4 dumping ground for rubbish. Trash, garbage
or other waste shall not he kept except in sanitary cont:tine's.
Ali incinerators or other equipment for the storage or disposal
of such material shall he kept in a clean and sanitary-
condition..
anit;ery-
condition.
1'Rc'l'i:(:? I vI= COV ; ANT ; , p. 5
02/08/2001 10:13 9396118 DATD
•'
•
•
•
.1•.
.»
•
16. 1:Xi'AVAT1O1_ No excavation for 'steiriti;:gxivc3
earth or minerals shall be toads: upon :t building site unless
PAGE 07
• •'.. w.w =:.:•.
•,.. ..ter .,_,•:2..:..f: 4F
':.,,:�*is''1"'' ' `�'�` such •excavation is necessary and contemplated inw'the'plans`
lin connection with the erection of a building gLtc ""•:r,.pL'
:15 .t part of an excavation in connection with the eenst:rucL Aft ;^i'"'"w •!�•'• '
of a building thereon and for the construction o•f roads and. -�y ,
• streets, in the subdivision.
•
17. TERMS OP REGULATIONS: These' building rcnulatt
and covenants shalt run with the land and shall 1,o binding
•
upon all parties hcrtto and all persons claiming under. then •;.:.•
until December 31, 1941, at which time said regulations shall ...; .,..,j,a�^,.:.,,•
be automatically extended for successive periods.
oC ten yetis` ., , ..'• : .
unless tho owner or owners oC tato legal ,title to not .lcs•s.'.
.**-1...1-,,,r....,... ,� ;4 1
- t7sa:�+•�^•'mob"`•
than tt.n-thirds ureas of the platted residence tracts. blocks or ':: .:•.v.,....1::•;-,...,..:=.•
.
lots; by an instrument or 3nstrtimcnts in writing, signs T int' 1 :.
acknowledged by them, shall then terminate or amend said'
Protective Covenants and Regulations. Such termination or .; ..'•;.;..
amendment shalt become effective upon filing or such instrument:. -
or instruments for record in talc office of the; Recorder of,
Ada County, Td tho. Such instrument or instruments shall contain
• proper references by volume and page numbers, or instrument
.l ....F.i.M ��ti :.. :�•,.: 1J ..4..�..
numbers, to the: record of the Plat and the record of the Uc' ;cl ,;r� �+�;.J,..�
in which these Protective Covenants and Regulations are set
forth and ail amendments hereof. Any amendment oC these•
regulations may tic made at any time in the same manner as
an extension thereof to be accomplished as hereinabove v'vidcc �• s .
for. ,.
In the event that this suhdiviclon is raplatted
at any tithe i.tt the future, It is contemplated that these •
restrictive covenants may be superseded, and, accordingly,
these covenants :arc expressly made subject to such eventuality.
•
PROTECTIVE COVENANTS, p. 6
02/08/2001 10:13 9396118
•
• •M1t ••�..;Y•7•.i/.141f Z'•'• •!Y!' 5▪ t••_.',••••• ' .I ::,:: .
DATD PAGE 08
•
guaat
•
}+.'ilr•.•"r'M. t;t •!V•�ja�•,WjL.Yr 4": .. •:'''.....--4.-"7. . :;;:;#••771.f.•': . • • .. ; •
.. ••
]&. PMPORCUMENT PROYlS1ONS: If any person shall
• : nt any stimc, violztc .or •:attempt to vielatc any provitston of
.':.:t.Vi SA=G... .. ' rr 'sem--.:c;?'•L":"� �:. ' _ .. .... _. f ... ' ... .
• _• • • • • -• these Protective Covenants and Regulations, every 'other person •
owning any real property within the subdivision shall have'
�+ the right to prosecute any proceedings at law or in equity
-t-.-.....!'•-••='•'•`.`•~4'..."against"the alleged violator, either to enjoin him from further
sentot'ozat,lto ,d
ecovoramages for past violations, .,r
; .•�" •�"i' „`: '.. •••
re.^ .:*a. * ,,F 00.1',4:: i+,1 ••
19. SEVrtATitt.iTY: These Protective Covenants and
Regulations are hereby declared severable, and any invnlitlation
of any previsions, sentence or paragraph contained in these
.'Protective Covenants and Regulations by any court shalt net
=•: in anywise affect or invalidate any of the outer provisions,
sentcntes or paragrnphs hereof, which shall remain in furl
• • IN WITNESS WHEREOF, these Protective Covenants
W and Regulations have been duly oxccutcd and thereby placed
in effect this ;•:.., day of January. 1975.
•
•
GRANTO11S :
•
't( C� ,t,;,* :,.•- i.Jr C?..,�iaq �' moi•':';^. `'' /,% f )
• fir,: trrrt •! !!s u'R sw 0: ._„4-41.14.414_,. 14.414 c.1-44"1".16.6111-1.17-115r671.
.�� i ,-.14 1 ,.•• l«:•./.),•••....-.7.•,,,.,, , r`
•L...mo......A+s .):re ••11.4 •'•1 wt f ' ' % r AlnflcCtt-1ir. 1;i1T i
r.I )..;I 1 {+ Tir'N!•;•h :b......:: L •/ ' '1 `_ • •
•
:,riiiii5-117-Tiker 4.111,
+.• ;.•• •
• STATE OF InAllp ,'';�.
w
',,:. ss.
.. ' • • County of Ada v/ )
•i•'V
• - ' On this• day of ;1 . /f.��
• 19•r. 7J_, 'bcforc me, tYic t` n ersignc;T' a t}otctiU-Fib-TU-1'1; and
;';;
•'1:;�,:::•;;:fo:laid *state, persunal Ly appeared KENNETH W. RAKER: andNONfl B.
'. - ;;BAKER, *knat••u to me: to be the persons whose names ;aro subscribed
to the within instrument, and acknowledged to ane that they •
.executed the same .
3N WITNESS t►'t11:REOp, 1 have: hereunto sct my hand
unel affixed my official. soul pc day and •ar in this certificate
rab,ayc written. /• ,�
itvtary l'u i tt: fcir tlrflict
l;f,•Sitltnrc: lluitiu, ttlaho •
• •• r' _
jl:•�1_�.
•
▪ T!▪ iC►l EC C 1 VF: CnVfiNANT."• .
P•
7
•i
BAKER'S ACRES SUBDIVISION
THE SEk NEk OF' SECTION 7 AND A !PORTION OF THE
SW% HAW SECTION 6, ALL IN 't4N, RIE. B.M.
ADA COUNTY, IOANO:
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To From ter:
CoJDepl. Co.
Phone' 331-1170 PhoneN
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9 ROYLANCE AND ASSOCIATES PA mat"—;Thm M
Engineers Surveyors Landplanners AD
391 W State Street Suite E Eagle Idaho 83818 (208) 939-2824`_ M1
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subject: PP -3-01 — Cedro Glen Subdivision — RCMPG Investments
October 9, 2001
7:30 P.M.
PLEASE PRINT LEGIBLY
NAM ADDRESS
-t/I t A�ilh1 1 c t() l
«c 7( Q06,
N" ���,.41(1 i �€11r�`✓ /z%/--(6-4- (Ui ai.
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Page 1 of
Documenl2
TELEPHONE
cI�J�S Lisp
931
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PRO? CON?
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X
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subiect: VAC -1-01 — Vacation to the final plat of Baker's Acres Subdivision — RCMPG
Investments
October 9, 2001
7:30 P.M.
PLEASE PRINT LEGIBLY
NAM
ADDRESS n TELEPHONE
kW --(4 0404A9 i; -9,-9-q 4're-Ickir-of q3e4-
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(La& lc) g&SGX,/ /dW /-77a'eLck/ 4/ 7`5 77
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PRO? CON?
X
/A 50 /1/4/-.E-7/254-1).
/ 5- 3 /-(e ra-co r ci ThI2 ►UPI
15s3 _ :Y 93 -B
Page 1 of
Document2
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subiect: RZ-02-01 — Rezone from A -R to R-1 — RCMPG Investments
October 9, 2001
7:30 P.M.
PLEASE PRINT LEGIBLY
ADDRESS 7 TELEPHONE PRO? CON?
iray-9-9 (4) tka-c-r-cf 6/8
t�-(07
6-5-3 i,,jotae - IQ 16 -
1! 11 ,, ► 1
71,5'” W)7P/(,
Page 1 of
Document2
4
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subiect: PP -7-01 — Addie's Corner Subdivsion — Northwest Development LLC
October 9, 2001
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS TELEPHONE PRO? CON?
Page 1 of
Document2
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subiect: VAC -3-01 — Vacation of remnant right-of-wav parcel adjacent to Senior Creek
Subdivision ( Spring Creek III) — Spring Creek Eagle LLC
October 9, 2001
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE PRO? CON?
Page 1 of
Document2
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subiect: A-4-01 & RZ-7-01 Annexation and Rezone from RUT to R-4 —
Northwest Development LLC
October 9, 2001
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS TELEPHONE PRO? CON?
Page 1 of
Document2
City of Eagle
Ada County Sheriff's Office
Month End Report for September 2001
Presented to: Mayor Rick Yzaguirre
On Behalf of Sheriff Vaughn Killeen
By: Sgt. Patrick Calley
Sergeant Patrick Calley
Sept. 4 — Traffic Enforcement Program. Re: Highway 44 commute.
Sept. 4 — Traffic Enforcement Program. Re: Neighborhood speeders.
Sept. 4 — Eagle River access Planning and Development meeting.
Sept. 6 — Chamber of Commerce Economic Development meeting.
Sept. 10 — Field Services command staff meeting.
Sept. 10 — Emergency Response Team training (firearms).
Sept. 11 — Terrorist Attack on America -Emergency Operations activated. City of Eagle threats
assessment conducted.
Sept. 12 — Sergeants assessment panel -assigned as evaluator.
Sept. 13 — Local law enforcement Olympic Planning meeting.
Sept. 14 — Eagle High School pep assembly, Spirit Ceremony.
Sept 14 — Security detail Eagle High Thunder Stadium. EHS vs. Meridian Homecoming football game.
Sept. 15 — Eagle Community bike rodeo and children's safety program at the Eagle library. Sponsored
by Eagle Sheriff's station, Eagle Fire District and Eagle Community Library.
Sept. 18 — City Council -contract proposal presentation.
Sept. 19 — Traffic Program-EHS commute.
Sept. 19 — "Law Enforcement in Education" presentation at Northwest Nazarene University.
Sept. 20 — Intra Organizational communications -Randy Means Training Seminar.
Sept. 21 — Managing Risk in Law Enforcement -Randy Means Training Seminar.
Sept. 25 — Firearms training.
Sept. 25-26 — Training new Sergeant.
Deputy Dana Borgquist
Sept. 15 — Citizen complained about a vehicle that sped through the neighborhood at a certain time every
day. Did extra patrol to find that driver.
Sept. — Was mediator for a civil situation that continued for two weeks.
Sept. 24 — Firearms training.
Sept. 27 — Seatbelt Summit.
Deputy Matt Buie
Sept. 5 — Extra patrol at Eagle High School for speeders.
Sept. 6 — Brookwood subdivision had complaint that drivers were going wrong way through some
streets. Extra patrol caught two drivers in 10 minutes.
Sept. 14 — Received letter from citizen about speeders and did extra patrol in response to the letter.
Sept. 25 — Attended training for new computer system.
Sept. 25 — Firearms training.
Sept 27 — Extra patrol for citizen complaints: wrong one on one way circle and problem child at bus
stop.
Deputy John Dewey
Sept. 10 — Emergency Response Team training.
Sept. 14 — Eagle High School Homecoming football game. Helped with traffic control.
Sept. 15 — Ride -a -long Reserve Deputy Tatischeff.
Sept. 21 — Eagle High School football game. Supervised traffic control exiting school.
Sept 29 — Firearms training.
Deputy Craig Durrell
Sept. 14 — Eagle High School Homecoming football game. Helped with traffic control. Had ride -a -long
Matt Eisman.
Sept 25 — Firearms training.
Sept 29 — Extra duty at Kiwanis Cruise Night.
Deputy Luis Gutierrez
Sept. 9 — Bike patrol at night watching for vandals.
Sept. 10 — Emergency Response Team training.
Sept. 15 — Participated in "Top Cop." Competition involving a run, bike course, shooting and lifting.
Placed 3rd out of 21.
Sept. 18 — Went to a league soccer practice to make sure that some problems didn't arise with a parent.
Sept. 22 — Talked with employees at Sav-On about watching for certain items being purchased for
making drugs.
Sept 25 — Firearms training.
Sept 30 — Extra patrol at Skateboard Park. Building relationships with skaters.
Deputy John Harris
Sept. 10 — Emergency Response Team training.
Sept. 15 — Ride -a -long Matt Eisman.
Sept. 21 — Ride -a -long Matt Eisman. Helped with traffic control at Eagle High School football game.
Sept 27 — Firearms training.
Sept 29 — Last day at Eagle Substation.
Deputy Jon McDaniel
Sept. 1 — Checked State skateboard park. Talked with kids on bicycles.
Sept. 2 — Checked skateboard park.
Sept. 9 — Extra patrol on the crosswalk at the Middle School at the start of school. Three cars ran stop
sign that the crossing guard was holding. Talked with those individuals and cross guard about the
problem.
Sept. 15 — Bike rodeo at the Eagle Community Library.
Sept. 21 — Red Cross donation table set up at Albertsons. Helped man the table for a few hours and
make over $700.
Sept. 28 — Breakfast of Champions at Eagle Hills Elementary. Passed out 40 pencils to kids who
received rewards.
Sept 29 — Helped with a Walk-a-thon at Seven Oaks.
Deputy Jeff Winegar
Sept. 9 — Bike patrol in Lexington Hills watching for vandals.
Sept. 10 — Met with Joni Murphy about accidents in Eagle and how we are going to track them.
Sept. 10 — Emergency Response Team training.
Sept 21— Meeting with ACHD in reference to signs and cones for games.
Sept 24 — Firearms training.
Field Service Technician, Terisa Howell
Sept. 5 — Meeting for Visions leaders at Eagle Hills Elementary.
Sept. 6 — Had lunch at the Senior Center and passed out 911 cell phones.
Sept. 15 — Bike rodeo at the Eagle Community Library. Sponsored by the Sheriff's station, Fire station
and Library.
Sept. 26 -- Meeting for Visions leaders at the Island Woods clubhouse.
Detective Todd Jolliffe (Eagle Academy)
Sept. 4 — Traffic control detail in parking lot before and after school. Staff meeting after school.
Sept. 6 — Checked on possible witness intimidation going on.
Sept. 7 — Traffic control detail. Interviewed victim in case.
Sept. 10 — Emergency Response Team training.
Sept. 13 — Traffic control detail. Broke up fight between two students.
Sept. 20 — Traffic control detail. Gave non -student warning about being on campus. Assisted with car
accidents.
Detective John Murray (Eagle Middle School)
Sept. 12 — Met with parents in reference to problems on school bus.
Misdemeanor Arrests
Felony Arrests
Warrant Arrests
DUI Arrests
Non -Injury Accidents
Injury Accidents
Seatbelt citation
Skateboard Violations
Parking Citations
Tobacco
Alcohol citations
City Ordinance Citations
18%
16
14
12
8� a
6—
4
0�
Injury Accidents
19 -Sep Eagle/Plaza
23 -Sep Parkinson/State
September Stats
August September
7
1
13
5
18
7
0
0
2
0
0
3
12
1
12
3
17
3
1
0
0
1
0
1
Misdemeanor Arrest
Non -Injury Accidents
3 -Sep Elkriver/Cypress
4 -Sep Park Ln
5 -Sep Eagle/S. Channel
5 -Sep Eagle/S. Channel
9 -Sep Ballantyne/State
9 -Sep Eagle/Hwy 44
10 -Sep Chinden/Stafford
10 -Sep Eagle/Island Wood
13 -Sep Eagle/State
Felony Arrests
Warrant Arrests
No
veh vs. deer
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City Ordinance Citations
26 -Sep Hill/Hwy 55
18 -Sep Limerick/Oakhampton
19 -Sep Eagle/Inlet Bay
20 -Sep Eagle/N. Channel
26 -Sep Eagle/Hwy 44
26 -Sep Eagle/Hwy 44
26 -Sep Eagle/N. Channel
28 -Sep Heathfield/Seven Oaks
29 -Sep Hwy 55/State