Minutes - 2001 - City Council - 12/11/2001 - RegularEAGLE CITY COUNCIL
Minutes
December 11, 2001
OR GFNAL
PRE-COUNCIL AGENDA 6:30 p.m.- 7:30 p.m.
1. Ada County Sheriff's Office: Sergeant Patrick Calley will present the November monthly
report. Sgt. Calley distributes the November monthly report and discusses the same. Introduces
Lt. Scott Johnson, Patrol Commander, who addresses the Council. General discussion.
2. Mayor and Council will present Steve Deckers with a token of appreciation for serving on the
Planning and Zoning Commission. Mayor thanks Steve Deckers for his hard work and
commitment while serving on the Planning and Zoning Commission and presents him with an
Eagle sculpture.
3. Mayor and Council's Report:
Guerber: No report.
Merrill: Reports on a meeting in regards to the Baptist Church being convert it into a restaurant.
Discussion on a meeting with ACHD, ITD and their staffin regards to the lights on Eagle Road,
Highway 55, roads in general.
Discussion on the meeting with Williamson and Selvage. There is disagreement on land
ownership so it will be a while before the City can discussion acquisition of water.
Park Committee meets tomorrow night.
Bastian: Discussion on the Library dish. Displays a concept drawing. The drawing will be
submitted to staff for the proper approvals. General discussion.
Discussion on a self check out station. This has been budgeted for but the Lynx system will cost
$15,000 and $5,000 was budgeted.
Discussion on the Library activity report for November.
Sedlacek: Customer Appreciation Day is February 2nd.
Discussion on the amh sign. The Chamber of Cormnerce has over $7,000 from their auction
dedicated for signs.
Talked to Terri Bath, new Chamber of Commerce President, about an evening meeting with a
buffet to be scheduled after the first of the year.
Discussion on the Chamber jingle.
4. City Engineer Report: Compass has contacted Holladay Engineering and has requested a
considerable amount of information on storm water. I want to have your staff involved in
answering and gathering some this information. This information gathering could take 4-6 hours
of work. Council concurs to have Veto proceed.
We have been asked to assist with the Enhancement Grant. We have a meeting scheduled for
Monday to discuss the grant. We should have the application completed in a couple of weeks.
Discussion on the projects within the City that would qualify.
5. City Clerk/Treasurer Report: I have distributed copies of the November monthly report.
Also, I have provided you a list of the expenses incurred for the last year for the City Hall/Senior
Center Building.
6. Zoning Administrator's Report: Discussion on the screening at the fire station. General
discussion.
7. City Attorney Report: No report.
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor calls the meeting to order at 7:30 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
Councilmember, member of City Staff, or a citizen requests an item to be removed
from the Consent Agenda for discussion. Items removed 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.
A. Claims Against the City.
B. Minutes of December 4, 2001.
C. Findings of Fact and Conclusions of Law for RZ-10-01 - Rezone from A to
R-E - Mike Malterre: Mike Malterre, represented by Phil Hull with The Land
Group, Inc., is requesting a rezone from A (Agricultural) to R-E (Residential
Estates - up to one unit per two-acres). The 9.87-acre site is generally located
south of Floating Feather Road approximately 600-feet east of Ballantyne Road,
at 1795 W. Floating Feather Road.
Renewal approval of Liquor~ Beer and/or Wine Licenses for current license
holders (for the year 2002) which have met all criteria established by the
City. (SKM)
Planning and Zoning Commission Appointment: The Mayor is requesting
Council confirm the re-appointment of Scott Nordstrom to the Planning and
Zoning Commission. He will be serving a 3 year term. (RY)
Merrill moves to approve the Consent Agenda. Seconded by Guerber. ALL AYE:
MOTION CARRIES ......................
Merrill moves to rearrange the agenda by renumber Item 7A as Item 7D. Seconded by
Bastian. ALL AYE: MOTION CARRIES .....................
5. FINAL PLATS: None
6. UNFINISHED BUSINESS:
A. Discussion on Streamside Subdivision pathway: (LS & NM) This item was continued from
the November 27, 2001 meeting.
Mayor introduces the issue.
Merrill moves to continue this item to the January 8, 2002, City Council meeting.
Seconded by Sedlacek. ALL AYE: MOTION CARRIES ................
B. Discussion of financing options for new city hall facility. This item was continued from
the December 4, 2001 meeting.
Mayor introduces the issue.
Bud Way, Wells Fargo Bank, discusses the financing for the City Hall. When proposals are in
place, possibly early March, then time frames for the financing options will start. Processing of
the financing will take approximately three weeks. The are a number of payment options that
will be tailored to the City's needs. General discussion. I can help you with an extension of time
on the purchase of the property or with short term financing if that is necessary. The rates were
cut again today and there is talk of a cut in January. General discussion.
City Attorney Buxton: Discussion on the Option to Purchase on the property. Does the Council
want to move forward with the purchase of property or do you want me to negotiate an extension
of time. Council concurs to have the City Attorney proceed with the Purchase and Sale
Agreement on the property. General discussion.
Bastian moves to select Wells Fargo for the loan to purchase the property for the new City
Hall site. Seconded by Merrill. ALL AYE: MOTION CARRIES .....................
C. Review and approval of request for qualifications for Architect/Pro,iect Manager.
(SEB, VB)
Mayor introduces the issue.
City Attorney Buxton: Discussion on the request for qualifications for an architect/project
manager. General discussion.
Merrill moves to approve the Request for Qualifications for Architect/Project Manager for
the city hall as presented tonight by the City Attorney and we instruct the City staff to send
these out. Seconded by Guerber. ALL AYE: MOTION CARRIES ..........................
7. PUBLIC HEARINGS:
A.-(B.) A-6-01 & RZ-9-01 - Annexation and Rezone From RUT to R-1 - Brighton
Corporation: Brighton Corporation, represented by John Wardle with Wardle & Associates, is
requesting a rezone upon annexation from RUT (Rural Urban Transitional) to R-1 (Residential -
up to one unit per acre). The 124.3-acre, site is located on the northwest corner of Meridian Road
and Chinden Boulevard. (WEV)
Mayor opens the Public Hearing.
Mayor swears in Mike Wardle.
Mike Wardle, 50 Broadway Avenue, Boise, representing Brighton Corportion, distributes a
packet of information for Council and discusses the same. Displays an overhead of the property
location and provides Council with an overview of the request for a rezone.
Mayor swears in Gary Allen.
Gary Allen, 277 N. 6th Street, Boise, addresses some of the legal issues that were raised in the
Planning and Zoning recommendation. Distributes a handout to the Council and discusses the
same. General discussion.
Zoning Administrator Vaughan: Displays an overhead of the property location and provides
Council an overview of the request for rezone and annexation. This property is located in Ada
County. Discussion on non-conforming uses. General discussion.
Mayor swears in Judy Erdman
Judy Erdman, 7283 Winward Drive, Meridian, I live adjacent to the north end of the
development. I'm concerned about the health and safety and believe that a subdivision would be
worse than the development. I do not believe the character of this development is consistent with
the ama.
Mayor swears in Paul Calverley.
Paul Calverley, 913 River Heights Drive, I live at the extreme northwest corner. I have worked
with soil conversation. Discussion on an Ada County Soil Survey that show septics would be
restrictive. Ground water runs towards the river. The water table varies quite a bit. Further
discussion on the water and septic tanks. Worked for the U.S. Department of Agriculture for 34
years.
Mayor swears in David Vail.
David Vail, 7448 Winward, Meridian, we presented a petition with 86 signatures and now we
have a petition with 110 signatures. The Planning and Zoning has already made their
recommendations and they have denied this. I feel this should be denied. Distributes copies of a
map that shows the Oregon Trail Crossing.
Mayor swears in Dale Lindley.
Dale Lindley, 1635 Dunsberry, I'm representing the family. We had two pieces of property, one
is now Castleberry Subdivision. We operated our dairy and there were no subdivision in the
area. The two houses will be eliminated when the property is developed. There is not enough
acres to farm this property. We have moved the dairy. The subdivisions have moved in on us we
are trying to get out of here.
Mayor swears in Randy Lindley.
Randy Lindley, 830 E. Chinden, Meridian, the last time I testified was when Spyglass
Subdivision went in right next to the dairy. We knew at that time that our time was limited. It is
very tough to coexist with the subdivisions. I think it would be an asset to have the land not
agriculture.
Mayor swears in Dennis Hansen.
Dennis Hansen, 465 W. Sly Fox St., I live in Fox Tail Subdivision I would like to express my
opposition to this subdivision. The traffic is a concern. I'm very concerned about the septic
tanks on this property and the chance that this would contaminate my well.
Mayor swears in Harriett Calverley.
Harriett Calverley, 913 River Heights Drive, my concern is the impact of the water and sewer
and the traffic. If you are going to approve this I would like to see at least 2 acres parcels. I'm
concerned about contamination of our water.
Mayor swears in David Schlador.
David Schlador 6620 N. Fox Run Avenue, Meridian, why the new standards for septics. What
are your liabilities if the septics pollute our water. Discussion on a signal light at Meridian Road
and Chinden Blvd. I don't think the development is consistent with the area.
Mayor swears in Walter Davis Merritt.
Walter Davis Merritt, 795 River Height Drive, I share a south boundary with the project. I have
had occasions to treat patient that have been contaminated with well water. The health standards
for septics are in place for good reasons. Ada County has limit of 5 acres for septic systems.
The developers could develop their property as it is now in Ada County. I am opposed to this.
This is a threat to the health of my family and neighborhood.
Gary Allen, representing the applicant, discusses the septic systems, water quality and traffic
issues. General discussion.
David Tumbull, President of Brighton Corporation, I am a neighbor to this project. There has
been new development around my property. Mr. Lindley is wanting to retire and allow his sons
to move their farming operation to Emmett. This application meets the requirements of City
ordinances and the comp plan. I am concerned about the traffic in the area also. You will find
this project an asset to your community.
Mayor closes the Public Hearing.
General Council discussion.
Bastian moves to deny A-6-01 & RZ-9-01 Annexation and Rezone from RUT to R-1
Brighton Corporation for the following reasons: there is public health concern and the
proposed rezone to R-I is incompatible with the existing area. Seconded by Sedlacek. ALL
AYE: MOTION CARRIES ...............
B.-(C.) PP-11-01 - McKa¥ Subdivision - Brighton Corporation: Brighton Corporation,
represented by Wardle & Associates, is requesting preliminary plat approval for McKay
Subdivision. The 124.3-acre, 112-lot (98-single family, 14-common) residential subdivision is
generally located on the northwest comer of Meridian Road and Chinden Boulevard. (WEV)
Mayor this is a non-issue as the property has not been annexed into the City.
Mayor calls a recess at 10:00 p.m.
Mayor reconvenes at 10:l0 p.m.
C.-(D.) CPA-l-01 & RZ-11-01 - Comprehensive Plan Amendment from Residential Four to
Mixed Use and Rezone With Development Agreement from R-4 to R-12-DA & L-O-DA -
,lames L..Jewett: James L. Jewett, represented by Shawn Nickel with Land Consultants, Inc., is
proposing a Comprehensive Plan Amendment to change the land use designation on the
Comprehensive Plan Land Use Map from Residential Four (up to four dwelling units per acre) to
Mixed Use, and rezone from R-4 (Residential up to four dwelling units per acre) to R-12-DA
(Residential twelve dwelling units per acre with Development Agreement) and L-O-DA (Limited
Office with Development Agreement). The site is located on the south side of W. State Street
approximately aA-miles west of Eagle Road at 825 West State Street. (WEV)
Mayor introduces the issue.
Mayor opens the Public Hearing
Mayor swears in James Jewett.
James Jewett, owner and developer of the property, provides an overview of the development of
the property.
Mayor swears in Mark Butler.
Mark Butler, 52 N. 2nd Street, representing the applicant, displays a site plan and other
overheads and provides Council an overview of the project.
Jeff Lowe, City Planner, displays overheads and provides Council with an overview of the
project.
Mayor swears in Doug McAllister.
Doug McAllister, 238 S. Taylor Ave, I am against this proposal mainly because of devaluation of
our property. I have consulted a realtor and she feels this would devaluate our property.
Discussion on traffic. There are areas in Eagle that are zoned for this project. There are other
uses for this property.
Mayor swears in Doug Neubrand.
Doug Neubrand, 645 Cowman Ct., the problem P&Z had with the project is the compatibility
with the existing neighborhood. This would affect our property values. There is an impact in the
schools and traffic. There are other places that are already zoned for this type of project.
Mayor swears in Jim Fisher.
Jim Fisher, 2148 W. Lindfield Way, Meridian, I own the property to the immediate west of this
property. I realize this property will be developed.
Mayor swears in Ray Mathie.
Ray Mathie, 701 Cowman Ct., I live on the property right next door to the proposed project.
When I moved in 7-8 years ago there were no houses around. I assumed the zoning would stay
consistent.
Mayor swears in Mark Waterman.
Mark Waterman, 270 S. Sophie Place, I think that homeowners take more pride in home
ownership than renters. There is less than a community type factor there. There is an extra
impact on schools. We are strongly opposed to having rentals. What we would like to see a
patio home type, owner occupied.
Mayor swears in Bill Lainm.
Bill Lamm, 106 Taylor, we moved here because it is close to town. I think it is just going to be
bunch of younger people in those rentals.
Mayor swears in Michael Margulies.
Michael Margulies, 741 W. Aikens Ct., I moved into the area because of the trees. I also spoke
to the sewer people and I was told it could not be served. I don't want to see the zoning changed.
James Jewett, it is our proposal to have this project fenced. I did tell the neighbors I would
choose not live next to this. I don't feel this project will have a negative impact. Some of the
property in the zoning designations for this type of project is to expensive. My intention here is
long term ownership.
Mark Butler, we did meet with Lynn Moser, Eagle Sewer District, this line on State Street is 11'
deep. We have been told that the sewer line can serve this project. A lot of the land in the
zoning for apartments the land is to expensive.
Mayor closes the public hearing.
General Council discussion.
Merrill moves to deny CPA-l-01 & RZ-11-01 Comprehensive Plan Amendment from
Residential Four to Mixed Use and Rezone with Development Agreement from R-4 to R-
12-DA & L-O-DA- James L. Jewett. Seconded by Bastian. ALL AYE: MOTION
CARRIES .....................
D.-(A.) Zoning Ordinance Amendment - ZOA-6-01 - Land Consultants Inc.: The applicant
is proposing to amend Eagle City Code Title 8, Chapter 2, Section 3, to allow
Nursing/Convalescent Homes (including senior assisted living facilities) to be permitted uses, or
permitted with a conditional use permit, in additional zoning districts; to add a new land use
definition entitled "Emergency Services" to be a permitted use or permitted with a conditional
use permit; to amend Section 4 to add Note J to allow Child Care Facilities, Churches,
Nursing/Convalescent Homes (including senior assisted living facilities), and Schools (Public or
Private) to increase the maximum lot coverage from 10% to 25% in any A, A-R, and R-E zoning
districts; to amend Chapter 3, Section 2, to add the requirement that all multi-family and
commercial developments shall have centralized sewer and water, and that Nursing/Convalescent
Homes (including senior assisted living facilities) in zoning districts A, A-R, and R-E and R shall
be located on an arterial or collector roadway; and to amend Chapter 4, Section 5 to add parking
requirements for Emergency Services. (WEV) This item was continued from the November 27,
2001 meeting.
Mayor introduces the issue.
Zoning Administrator Vaughan, you have been provided a memo referencing lot coverage.
Mayor opens the Public Hearing.
Mark Butler, 52 N. 2nd Street, I have provided you a memo concerning senior assisted living.
We would like the option to have 30%. We will make anything work.
Mayor closes the Public Hearing.
General Council discussion.
Sedlacek reads the third reading of Ordinance No. 405 by Title only.
Bastian moves to consider the third reading to be complete by reading the Ordinance by
Title only. Seconded by Merrill. ALL AYE: MOTION CARRIES .....................
Sedlacek moves to approve Ordinance No. 405 with all of the previously mentioned changes
and changing Section 30) Maximum Lot Coverage: Shall permit an increase of maximum
lot coverage from 10% to 24%. Seconded by Guerber. Discussion. BASTIAN: AYE;
MERRILL: AYE; SEDLACEK: AYE; GUERBER: AYE: ALL AYE: MOTION
CARRIES ....................
8. NEW BUSINESS: None
9. AD,JOURNMENT:
Merrill moves to adjourn. Seconded by Guerber. ALL AYE: MOTION
CARRIES ..................
Hearing no further business, the Council meeting adjourned at 11:35 p.m.
Respectfully submitted:
SH~ARON K. MOORE~
CITY CLERK/TREASURER
APPROVED:
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subiect: PP -11-01 McKav Subdivision— Brighton Corp.
December 11, 2001
7:30 P.M.
NAME
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subject: Zoning Ordinance Amendment — ZOA-6-01 — Land Consultants Inc.
December 11, 2001
7:30 P.M.
NAME
PLEASE PRINT LEGIBLY
ADDRESS
Page 1 of
Document2
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TELEPHONE PRO? CON?
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subiect: A-6-01 & RZ-9-01 — Annexation and Rezone from RUT to R-1 — Brighton Corp.
December 11, 2001
7:30 P.M.
NAME
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Page 1 of
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Pit -9367C
PRO? CON?
X. 1
RECEIVED & FILED
CITY OF EAGLE
P SEP 21 200
We, the undersigned oppose Application #A-6-01/RZ-09-01/PR 1 k0.1 from
Brighten Corporation Requesting Rezone, upon annexation from fiddiktko K -i fug
the McKay subdivision in the northwest corner of Meridian and Chiii6uii
Boulevard.
This signed petition constitutes wri ten co rap is as provided for in legal notice
published in the Idaho Statesman J :,':,::t:.��.+; 2001 and individual notices sent
to landowners within 300 feet of the project location.
Objections to the application referenced above include, but are not limited to the
following concerns:
1.) The proposed development and zone change to R-1 (up to 1 unit per acre) is
not consistent or compatible with adjacent subdivisions with 2-5 acre parcels
(north-- Winward -River Heights and Clearvue-- 5 acres, south and west-- Foxtail
2 acres, east-- Sugarberry 2 acres).
The Rezone Application Submittal No. 9 does not accurately respond to items A
and E. Instead, examples of similar residential lots in distant subdivisions are
listed.
2.) A full engineering report with accurate soil data, a nutrient pathogen study,
and groundwater studies has not been submitted to Central Health Department
(Mike Reno) to show suitability for individual septic systems. Therefore, we
recommend that the city of Eagle apply their recent requirement for sewer
services for land zoned R-1 to the McKay subdivision prior to its approval to
avoid contamination of existing wells and groundwater.
3.) The transportation system is not adequate to accommodate the additional 980
vehicular trips per day (ACRD report 9/5/01) generated by the subdivision.
Since ACRD does not plan to install a traffic light at the Meridian Road/Chinden
intersection (discussions with Joyce Newton, ACHD, 9/17/01) the fatality rate at
a dangerous intersection will increase.
4.) Joint School District No. 2 reported on 8/20/01 that all schools serving this
area are presently at capacity or over capacity. Their projection of 140 more
students from the subdivision at time of completion will require possible
relocations of all students in the area to outside schools.
1
5.) There are no parks, ponds, or open areas planned. In the 2000 City of Eagle
Comprehensive Plan, Chapter 9 there is an implementation strategy to create an
ordinance that requires developers to dedicate and establish open space/parks in
new development, we see a definite need to implement that ordinance here.
In summary, we ask that the rezone request and preliminary plat approval for
McKay Subdivision not be granted by the Eagle Ztniiig C,' i4 Ca..KwC
Gem- There is a need to decrease lot number and increase lot size,
provide open space and parks, provide adequate sewer service, improve road
access and safety and design the subdivision consistent with adjacent residential
areas.
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GIVE
SLEY LLP
LAW OFFICES
277 North 6th Street. Suite 200
PO Box 2720. Boise, Idaho 83701
TELEPHONE: 208 388-1200
FACSIMILE: 208 388.1300
WEBSITE: www.givenspursley.com
Gary G. Allen
Direct Dial 208.388-1257
ggaegivenspursley.com
Via Hand Delivery
The Honorable Rick Yzaguirre
and Eagle City Council
City of Eagle
310 East State Street
Eagle, Idaho 83 616
Re: McKay Subdivision
Dear Mayor Yzaguirre and Council Members:
Gary G. Allen
Christopher J. Beeson
Michael C. Creamer
Emily MacMaster Durkee'
Thomas E. Dvorak
Roy Lewis Eiguren
Timothy P. Feamside
Jeffrey C. Fereday
Amanda L. Keating
Karl T. Klein
Debora K. Kristensen
Anne C. Kunkel
Franklin G. Lee
cc-. .62-1/-0/
David R. Lombardi
D. David Lorello, Jr.
Kevin T. Maloney
Kimberly D. Maloney
John M. Marshall
Kenneth R. McClure
Kelly Greene McConnell
Cynthia A. Melillo
Christopher H. Meyer
Kendall L Miller
L. Edward Miller
Patrick J. Miller
Judson B. Montgomery
December 11, 2001
Angela K. Nelson
W. Hugh O'Riordan
Kenneth L. Pursley
Brad V. Sneed
Virginia L. Stukel
Conley E. Ward
Robert 8. White
Raymond D. Givens
James A. McClure
Stephanie C. Westermeier
Of COUNSEL
'Luonsod in California only
This letter analyzes the three grounds on which the Eagle Planning and Zoning
Commission (the "Commission") recommended denial (the "Recommendation") of the McKay
annexation and rezoning request (the "Applications"). An accompanying subdivision request was
denied because annexation and rezoning is a precondition to subdivision. The three grounds were
1) the fact the development would include septic tanks rather than a central sewer system, 2) the
contention that existing agricultural and residential uses on the property would become non-
conforming on annexation and zoning, and 3) the contention the traffic system would be
inadequate to handle the traffic generated by the development. As discussed in the following
sections, my conclusion is that none of these grounds form a proper basis to deny the
Applications.
1.
Legal standards.
The City of Eagle (the "City") cannot arbitrarily deny an annexation and rezoning request.
The Idaho Local Land Use Planning Act sets forth the basic criterion for addressing such a
request, which is that the zone change must be "in accordance with the policies set forth in the
adopted comprehensive plan.." I.C. § 67-6511. The City Code adopts a similar standard, which
is that it may approve an annexation and zone change "[i]f the request is in accordance with the
The Honorable Rick Yzaguirre
and Eagle City Council
December 11, 2001
Page 2
Comprehensive Plan." To avoid arbitrary action, therefore, the City must find appropriate bases
in the specific policies in the City's comprehensive plan (the "Comprehensive Plan") to approve or
deny an annexation request. An annexation and rezoning request may not be denied based on
vague or unstated concerns not associated with specific policies in the Comprehensive Plan.
In this case, the McKay property is within the City's area of impact with several other
annexed subdivisions in the immediate area. There is no indication the subdivision would burden
City services. As discussed below, the rezoning request is consistent with the permitted zoning
designations in the Comprehensive Plan. In short, no evidence was presented to the Commission
that would permit the City to deny the annexation and rezoning request.
The sections below discuss the specific issues raised by the Commission.
2. Septic tanks.
The Commission recommended denial of the Applications on the ground that
... the lack of public service availability (specifically centralized sewer) may
pose detrimental effects on the health and safety of the environment. Based on
the potential number of homes that may be allowed in an R-1 zone, concerns
regarding the cumulative effect(s) of 124 -septic systems on the ground water in
this area have not been adequately addressed by the applicant.
This conclusion cannot form the basis for denial of the Applications. The Comprehensive
Plan is very clear about how the Council must determine that an impact to groundwater may
occur. It states, plainly, "Larger lot homes have wells and septic systems and must comply with
Central District Health Department requirements." Comprehensive Plan at 7. The District has
the expertise to make these kinds of decisions, and has adopted specific criteria to apply.
The City's interpretation of the Comprehensive Plan provision is equally clear. As
acknowledged in the Recommendation, the Applications were submitted before the new City
Ordinance on sewer hook-ups became effective. Therefore, the existing ordinance applies. The
existing ordinance requires two things prior to the approval of a septic system. First, "there shall
be a showing by the subdivider that the extension is not feasible and not in the best interest of the
public." Eagle City Code Section 9-4-1-9.A. Because the development is located on the bench,
the Eagle Sewer District has determined that extension of the sanitary sewer to this property is
neither feasible nor is it in the best interest of the public. Each of the other developments
approved in the area and annexed into the City, including Castlebury, Wedgewood, Sugarberry
and Banbury, use individual septic systems.
The Honorable Rick Yzaguirre
and Eagle City Council
December 11, 2001
Page 3
Second, the ordinance requires that "[a]ll water and sewer plans shall be submitted to the
Idaho Department of Health and Welfare or its authorized agent for approval in accordance with
the provisions of section 50-1326, Idaho Code." Eagle City Code § 9-4-1-9.B. The Idaho
Department of Environmental Quality ("IDEQ")(as successor to the Department of Health and
Welfare) is responsible for this program, and has delegated some of its authority over septic
approvals in the Eagle area to the Central District Health Department (the "District").
IDEQ and the District have both indicated they believe the project will be approved under
the applicable standards. First, they have stated that the new nutrient pathogen guidelines will not
apply to the McKay subdivision. Second, they have stated they believe that the design of the
project is adequate to protect water quality. Therefore, we expect IDEQ will recommend lifting
the sanitary restriction against the McKay subdivision and the District will sign the plat.
Simply put, the IDEQ and the District have the final say, both on the issue of what
standards apply and on the compliance of the project with those standards. The Comprehensive
Plan and the applicable code section are crystal clear that the decision belongs to IDEQ and the
District, and the City has no additional authority.
The Recommendation seems to be based on a contrary premise. It states, "the former
criteria would apply unless the Eagle City Council required that this development comply with the
new Nutrient Pathogen requirements" (emphasis in original). The problem is the Comprehensive
Plan and the City Code do not give the City Council authority to require compliance with the new
requirements. The decision belongs only to IDEQ and the District.
The City attorney hinted at the Commission hearing that a generalized concern about the
water quality impacts of this development could be sufficient to support a denial of the annexation
and rezoning. This is incorrect. The Council cannot act arbitrarily. Therefore, the Council must
find some basis in the policies of the City's comprehensive plan (the "Comprehensive Plan") to
find that the application would be contrary to the Comprehensive Plan. No such basis has been
identified so far.
3. Non -conforming uses.
The Commission also recommended denial based on non -conforming use issues:
The unincorporated area referenced in this application may be considered a
conforming use in Ada County, however, if this site were annexed into the City of
Eagle and zoned R-1 the uses would become "non -conforming". Specifically, the
existence of active farm related uses and two single-family dwelling units located
The Honorable Rick Yzaguirre
and Eagle City Council
December 11, 2001
Page 4
on the parcel would be the cause of the non -conforming status of the site in the R-
1 zone. The farming operation and one of the existing dwelling units would need
to be removed from the site prior to City consideration of zoning this property R-
1.
Further, the Recommendation states that the City Code requires that "no non -conforming
use will be created with this rezone." However, this language does not appear anywhere in the
City Code, nor are there any other comparable provisions. We are at a loss to determine the
source of this language.
The fact is nothing in the City Code or Idaho law permits the City to deny a zone change
on the ground the property contains an existing use that would become non -conforming upon
rezoning. The Comprehensive Plan states only the following about subdivisions in the area of
impact: "Residential subdivisions outside the City limits but within the Impact Area should comply
with the Land Use Map." Comprehensive Plan at 19. The land use map specifically allows the
project area to be zoned R-1.
Given these circumstances, the City has no basis to consider whether the rezone will
create non -conforming uses in determining whether the application complies with the
Comprehensive Plan.
The City Code's provisions on non -conforming uses also do not lend support to the
conclusion that the City can deny a rezone on the ground it creates a non -conforming use. Eagle
City Code Section 8-5-2 states:
If a lawful use involving individual structures, or of a structure and land in
combination, exists at the effective date hereof that would not be allowed in the
district under the terms of this Title, the lawful use may be continued so long as it
remains otherwise lawful .. .
This provision should apply to land that is annexed into the City because the provisions of
the ordinance would not become "effective" as to that property until the annexation and zoning
were complete. Further, the purpose of the rezone is to permit the residential development of the
property, the end effect of which will be to discontinue the supposedly offending uses.
4. Traffic impacts.
The Commission reached even further to recommend denial based on the traffic impacts of
the McKay subdivision. The Recommendation states:
The Honorable Rick Yzaguirre
and Eagle City Council
December 11, 2001
Page 5
Also, the commission concludes that the current traffic facilities (lack of turning
lanes on North Meridian Road, existing level of service on Chinden Boulevard,
lack of traffic signal at the intersection of North Meridian Road and Chinden
Boulevard) in the area are inadequate to accommodate the additional traffic that
would be generated by residential densities allowed in the R-1 zone.
The Comprehensive Plan is clear that the City must defer to ACHD and ITD regarding
issues of roadway design. It states,
[The City shall] encourage roadway design standards that are consistent with the Idaho
Transportation Department (ITD), Ada County Highway District (ACRD), Ada Planning
Association (APA), and other agencies that may be responsible for roadway planning
and design.
Comprehensive Plan at 28.
This position is necessarily consistent with the fundamental division in Idaho law granting
jurisdiction over the roads surrounding the project to the Ada County Highway District
("ACRD") and the Idaho Department of Transportation ("ITD"). See Blaha v. Board of Ada
County Comm 'rs, 134 Idaho 770, 9 P.3d 1236 (2000). Both entities also have detailed criteria by
which to determine whether roads are within their capacity and whether the design of roads is
safe.
ACHD has analyzed this project and has determined that both Meridian Road and Chinden
Boulevard will function at "[b]etter than [Level of Service] 'C' - Existing plus project build out."
That is, the traffic system will function significantly better than the acceptable standard after the
McKay subdivision is constructed. ITD has the same view of the project. Similarly, the location
of the entrances proposed for this project are within ACHD guidelines and ACHD has identified
no safety concerns with the project. ITD stated, "access to the development from Meridian Road,
and not from Chinden Boulevard, demonstrates good planning on your part."
While the City apparently has not adopted any provisions in its Comprehensive Plan that
are inconsistent with the requirements of the jurisdictional agencies, one would have to question
the legality of doing so given the clear jurisdictional division under Idaho law.
Some concerns were raised at the Commission hearing about the number of accidents
occurring near the Chinden/Meridian Road intersection. These obviously relate to existing
conditions and not to the proposed development. In fact, it may be desirable to have
improvements installed on Chinden Boulevard and Meridian Road. However, the decisions on
The Honorable Rick Yzaguirre
and Eagle City Council
December 11, 2001
Page 6
whether these are needed belong once and forever to ACHD and 1TD and must be addressed
before those entities. Further, the ability to require a developer to pay for such improvements is
limited by the state and federal constitutions as well as by state law and local ordinances. In any
case, these are not matters that may form a basis to deny unrelated annexation and zoning
applications.
In conclusion, the Recommendation was not supported by testimony at the public hearing
or by the law applicable at the time of application.
Sincerely,
Gary G. en
GGA: slc
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ADA COUNTY HIGHWAY DISTRICT
Planning and Development Division
Development Application Report
Preliminary Plat — McKay Subdivision/modified 6615 North Meridian Road 99-build4ble lots
..--
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This application has been referred to ACHD by the City of Eagle for review and comment. The
applicant is requesting preliminary plat approval for a 113 -lot residential subdivision on 117.11 -acres.
The 117.11 -acre site is located on the northwest corner of Chinden Boulevard and Meridian Road.
This development is estimated to generate 990 additional vehicle trips per day (0 existing) based on the
Institute of Transportation Engineers Trip Generation Manual.
Roads impacted by this development: Chinden Boulevard/State Highway 20/26
Meridian Road
ACHD Commission Date — September 5, 2001 — 12:00 noon
4i2b144 q2. ') ACf -1J 0r.. .
Meridian Road
Collector with bike lane designation
Traffic count on Meridian Road north of Chinden Boulevard was 1,177 on 6-27-00.
Better than "C" -Existing Level of Service
Better than "C" -Existing plus protect build -out Level of Service
2,570 -feet of frontage
55 -feet existing right-of-way (30 -feet from centerline)
70 -feet required right-of-way (35 -feet from centerline)
Meridian Road is improved with 2 -traffic Ianes, with no curb, gutter or sidewalk abutting the
site.
Chinden Boulevard/State Highway 20/26
Principal arterial
Traffic count on Chinden Boulevard west of Meridian Road was 15,294 on 6-22-00.
Better than "C" -Existing Level of Service
Better than "C" -Existing plus project build -out Level of Service
1,280 -feet of frontage
73 -feet existing right-of-way (40 -feet from centerline)
ITD should be contacted for additional right-of-way requirements
Chinden Boulevard is improved with 2 -traffic lanes, with no curb, gutter or sidewalk abutting
the site.
T
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•
STATE OF IDAHO Dirk Ken • thome. Governor
TRANSPORTATION DEPARTMENT
DISTRICT 3 • P.O. BOX 8028 • BOISE. ID • 83707-2028 • (208) 334-8300
November 1, 2001
Jonathon D. Wardle
Brighton Corporation
12426 W. Explorer Drive, Suite 220
Boise, 1dallu 83713
RE: McKay Subdivision
Dear Mr. Wardle,
We have reviewed the site plan for this traffic development. Access to the development from
Meridian Road and not from Chinden Blvd. demonstrates good planning on your part. The area
near Chinden Blvd. (US20) and Meridian Road is growing rapidly. To allow for the future
expansion of Chinden Blvd. and signalization of the intersection at Meridian Road we are
requesting an additional twenty feet of right of way along Chinden Blvd. Existing right of way
width is 40'. The additional 20' will expand the right of way to the 60' width as recommended by
the A.A.S.H.T.O. guidelines. This width will allow for five lanes and an auxiliary lane to be
constructed.
If you have any questions please call me at 334-8340.
6�L
an Coonce P.E.
District Traffic Engineer
DC:LDS:Ids
- An Equal Opportunity Employer -
EAGLE PLANNING & ZONING COMMISSION DECISION
McKay Subdivision — PP -11-01
CONCLUSIONS OF LAW:
3. ... If the City Council approves the annexation and rezone, the Commission recommends the
following items be included as conditions of the preliminary plat:
a. An internal roadway design consisting of meandering streets throughout the development.
APPLICANT COMMENT: Subdivision design is subjective, and owner / developer choice.
McKay streets are a combination of meandering and formal.
ACTION: Delete
b. Detached five-foot wide concrete sidewalks separated by five-foot wide parkway strips, planted
with trees abutting all internal roadways.
APPLICANT COMMENT: Brighton is willing to consider detached sidewalks as long as the
street section, planter strip, and sidewalk don't increase the
required public right-of-way width. ACHD allows for a 4 -foot
sidewalks if detached or a 5 -foot sidewalk if attached.
ACTION: Delete and allow developer to decide if sidewalks are to be
detached.
c. The development should be held to the Nutrient Pathogen Guideline criteria adopted by the
Central District Health Department in July of 2001. The Nutrient Pathogen Study results for the
site should be available for public review and comment.
APPLICANT COMMENT: Central District Health Department has reviewed and
preliminarily approved McKay subdivision for one -acre lots in
accordance with standards in effect at the time of review, as
substantiated by the Planning & Zoning Commission record.
ACTION: Delete
d. The development should incorporate usable open space and amenities.
APPLICANT COMMENT: One -acre and acre -plus developments provide their open space
on each individual lot and are generally highly landscaped and
amenitized. No additional "common" facilities are required.
ACTION: Delete
e. The development should incorporate varied lot sizes and shapes to provide variety and character
to the design.
APPLICANT COMMENT: Development character and variety is subjective. The McKay
lots are consistent in character with the existing homesites of
adjacent subdivisions.
ACTION: Delete
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subject: CPA -1-01 & RZ-11-01 — Comprehensive Plan Amendment from R-4 to Mixed
Use and Rezone with Development Agreement from R-4 to R-12DA & L -O -DA — James J.
Jewett
December 11, 2001
7:30 P.M.
PLEASE PRINT LEGIBLY
/ NAME ADDRESS TELEPHONE PRO? CON?
111. \WAR._ )--)De -CLOkt CP5I LSI)
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McKay Subdivision
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McKay Subdivision
A-06-01 / RZ-09-01 / PP -11-01
Rural Transitional
very Lom Density Residential
— Lnw Density Residential
Medium Density Residential
Mixed Use
Commercial
Central Busiuess Diurict
Industrial
Public 1 Semi -Public
City of Eagle
Comprehensive Plan Land Use Map
Adopted November 6, 1997
•
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.Eagle island State 1'
•
Reademul Rmul
Up is nee dwrth.,g until per firs etre.
Re.ldeoaal F axles
Up to Iul dwenmg moo psr Iwo nun
Readenad Oor
'Op Io One dwelling mut pa acre
Remdee4et Two
tip In Two dweltmg mita per etre
Rmdsuml Three
Up to Three dwelling ®a pee sue
Roodcmd Fom
Up 1 Fav dwelergg routs pee oar
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2 naiad oak, I®ad comae -mak
Ingo descry readee2W . op a 20
dwellrag motto pee oar
4.n•r
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McKay Subdivision ----3
City of Eagle
Comprehensive Plan Land Use Map
Adopted November 9, 1999
Mlle=
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soil survey of
Ada County Area
Idaho
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i' 6 ` -}� \•?� �+ �, +IiYL 311x" �j
`'v,�t •sem i-` � - r ' ;� t >
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nited States Department of Agriculture, Soil Conservation Service
cooperation with
nited States Department of the Interior, Bureau of Land Management
niversity of Idaho College of Agriculture. Idaho Agricultural Experiment Station
aho Soil Conservation Commission
230 SOIL SU
TABLE 8. --SANITARY FACILITIES --Continued
Soil name and , Septic tank I Sewage lagoon
map symbol ; absorption { areas
fields ;
Trench
sanitary
landfill
Area
sanitary
landfill
Daily cover
for landfill
136*: ; { 1 i
McCain. {Severe: ;Severe: ;Severe: ,Moderate:
I depth to rock. I slope, I depth to rock. ; slope.
1 I depth to rock. . .
: . : 1
137*: ; ; I :
Power ;Severe: ;Moderate: (Moderate: (Slight
I percs slowly. I seepage. I too clayey. .
; i i ;
McCain. ;Severe: ;Severe: (Severe: {Slight Poor:
I slope, I depth to rock. I depth to rock. 1 I thin layer,
depth to rock, ; ; : ; area reclaim.
I percs slowly. ; ; ;
, , ,
138*, 139*: 1 i 4
1
Power ;Severe: ;Moderate: ;Moderate: ;Slight Fair:
I percs slowly. I slope, 1 too clayey. : I too clayey.
I ; seepage. 1 t
a
; ; i 1
McCain. ;Severe: ;Severe: :Severe: ;Slight ;Poor:
I slope, I depth to rock. I depth to rock. . i thin layer,
depth to rock, , ; ; ; area reclaim.
: percs slowly. ; : 1 ;
; ; : ; :
140*: ; ; ; ; ;
Power ;Severe: IModerate: ;Moderate: ;Slight ;Fair:
I percs slowly. I slope, : too clayey. . ; too clayey.
seepage. ; : :
; : 1 1 1
Potratz :Severe: ;Severe: ;Severe: ;Slight ;Poor:
: depth to rock. : depth to rock. I depth to rock. . I thin. layer,
I 1 : I area reclaim
: ; I ;
141, 142, 143 ;Severe: Severe: :Moderate: ;Slight ;Poor:
Purdam I cemented pan. I seepage, : cemented pan. : : thin layer,
1 : cemented pan. : ; ; area reclain
; ; 1 ; ;
144*: I ; ; : I
Purdam ;Severe: ;Severe: ;Moderate: ;Slight ;Poor:
: cemented pan. I seepage, : cemented pan. . I thin. layer,
I cemented pan. ; ; : area reclair
1 ; ; 1
Power Severe: ;Moderate: IModerate: ;Slight ;Fair:
I percs slowly. I seepage. I too clayey. ; ; too clayey.
; ; ; ; ;
145*, 146*: ; ; : ; :
Purdam ;Severe: ;Severe: ;Moderate: ;Slight ;Poor:
cemented pan. I seepage, I cemented pan. . I thin layer,
; cemented pan. ; : ; area reclai
; : 1 ;
Power Severe: :Moderate: (Moderate: ;Slight ;Fair:
percs slowly. I slope, I too clayey. . I too clayey.
I ; seepage. I ; ;
; ; 1 : ;
147*: ; ; : ; 1
Purdam ;Severe: ;Severe: ;Moderate: ;Slight ;Poor:
I cemented pan. : seepage, ; cemented pan. 1 ; thin. layer
I I cemented pan. I . I area recla
; : : :
Power ;Severe: ;Moderate: ;Moderate: Slight ;Fair:
I peres slowly. I seepage. I too clayey. ; I too clayey
; 3 ; :
Urban land. 1 ; ; ; {
I 1 { 1 1
148 {Slight ;Severe: ;Severe: ;Severe: ;Poor:
Quincy 1 ; seepage. I too sandy, I seepage. I too sandy.
; ; I seepage. . ;
; ; : ; :
Poor:
thin layer,
area reclaim.
:Fair:
too clayey.
See footnote at end of table.
EAGLE
FLDATING FEATHER
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Eagle City Limits
Propety Crime
11/1/01-12/1/01
Property Crime
• Construction Site Burglary
Q Grand Theft
Q Malicious Injury to Property
Q Petit Theft
• Residential Burglary
• Vehicle Burglary
City Limitys
Ada County
Boise
Eagle
Garden City
Kuna
Meridian
I-1 Star
I
Sara CPU Dstabsss
125101
PCSO CPUMc
• 'J
Y
I
Eagle Middle
SIE
AST ING FEA H _R
2 Injury
2 Non -Injury
1 Injury
4 Non -Injury
04, N
A
Uri
v----
‘'\-\
Crashes in Eagle
11/1/01 to 11/30/01
November
Injury
o Non -Injury
0 I 1
Data from CAU database
4100% geocode rate
12/5/01
CAU//m
2 Miles
1'-,p ` -1- :Q £ ' Y iovi ekm i r epitectioli ,fStre t Name:
55748 11/2/2001 Friday 1603 N EAGLE RD
55923 11/5/2001 Monday 1435 E STATE ST
55884 11/5/2001' Monday 1750 S RIVERSHORE LN
55980 11/7/2001 Wednesday HWY 44
56029 11/8/2001 Thursday HWY 44
56033 11/8/2001
56041 11 /8/2001
56134 11/9/2001
56233 11/13/2001
56246 11/13/2001
56301 ' 11/14q001
56342 11/15/2901
56338 11 /15/2001
56371 11/16/2001
56434 11/17/2001
56536 11/20/2001
56760 11/25/2001
56804 11/26q001
56853 11 /27/2001
56429 11/27/2001
56956 11/9/2001
57013 11/30/2001
56992 11/30/2001
Thursday
Thursday
Friday
Tuesday
Tuesday
Wednesday
Thursday
Thursday
Friday
Saturday
Tuesday
Sunday
Monday
,Tuesday
Saturday
Thursday
Friday
Friday
1458
1325
1350
0820 E
2132 :N
1222
1723 S
2225
1810
1743 N
WATERCRESS LN
ISLAND WOODS DR
PARK LN
PARK LN
EDGEWOOD LN
HWY 44
PARK LN
EAGLE RD
1238 .S 02ND ST
1335 250 S EAGLE RD
0740 PARK LN
2327 W
1831
1857 E
1220 E
1826 N
2216
1423
STATE ST
PARK LN
RD
STATE ST
EAGLE RD
HWY 44
HWY 44
1reet�, : _ :Cross Street
E STATE ST
S ACADEMY AVE
N EAGLE RD
N EAGLE RD
N EAGLE RD
FLAGSTONE LN
RIVER CHASE WY
NEPHI LN
STATE ST
IRON EAGLE DR
EAGLE RD
STATE ST
CHINDEN BLVD
PLAZA DR
m**zm ci
W
W
S
S
N
N
STATE ST
DAWN ST
STATE ST
EAGLE HILLS WAY
ACADEMY AVE
RIVERSHORE LN
EAGLE RD
EAGLE RD
address
N EAGLE RD & E STATE ST
E STATE ST & S ACADEMY AVE
S RIVERSHORE LN & N EAGLE RD
HWY 44 & N EAGLE RD
HWY 44 & N EAGLE RD
WATERCRESS LN & FLAGSTONE LN
E ISLAND WOODS DR & S RIVER CHASE WY
N PARK LN & W NEPHI LN
PARK LN & W STATE ST
S EDGEWOOD LN & E IRON EAGLE DR
HWY 44 & N EAGLE RD
PARK LN & W STATE ST
N EAGLE RD & W CHINDEN BLVD
S 02ND ST & E PLAZA DR
250 S EAGLE RD &
PARK LN & W STATE ST
W STATE ST & DAWN ST
PARK LN & W STATE ST
E FLOATING FEATHER RD & EAGLE HILLS WAY
E STATE ST & S ACADEMY AVE
N EAGLE RD & S RIVERSHORE LN
HWY 44 & N EAGLE RD
HWY 44 & N EAGLE RD
.0 :.
=1
1
n nit 1 #
TRUE 0 None
FALSE, 0 None
FALSE.2 Speed Too Fast for Conditions
FALSE; 0 None
• FALSE.0 None •
FALSE• 10 Improper Backing
TRUE 13 Failed to Yield
FALSE2 Speed Too Fast for Conditions
TRUE; 0 None
TRUE,13 Failed to Yield
FALS_E'21 Alcohol Impaired
TRUE{0 None
TRUE 0 None
TRUE' 0 None
TAU -E.° None
FALSE 6 Following Too Close
TRUE 2 Speed Too Fast for Conditions
FALSE 6 Following Too Close
FALSE 0 None
FALSE 10 Improper Backing
FALSE 22 Inattention
TRUE 22 Inattention
FALSE 6 Following Too Close
::ii.,`.hci:!�-+�.`;.-..:.:•-K:, r;l'�-F'q:�, i..+;r`:g ,.1;yvS:,:r .-r..:'yi :i%.,'.
I';•1:;; _ Cause,
- _
#2 was motioned out of Jackson's driveway and pulled into left tum bay, not seeing #1 in that lane and collided. Clear/Dry
#1 stopped for traffic; #2 didn't see and could not stop in time. Clear/Dry
#1 lost control, drove across grass and a greenbelt, down an embankment, sriking bottom of hill. *"NORTH CHANNEL DOES NOT GEOCODE, USED RIVERSHORE. Clear/Dry
#1 stopped in traffic; #2 looked for traffic to merge and struck the back end of #1. Clear/Dry
#1 slowing for traffic and #2 did not see; #2 said her brakes failed, but 61 ft of skid was left. Clear/Dry
#1 driver lost control of vehicle while backing up and ran into chain link fence. Clear/Dry
#2 WB on Island Woods; #1 EB on Island Woods, making a left tum onto Riverchase and turned directly in front of #2. Clear/Dry
Both units SB on Park Ln from Eagle High; #2 stopped for traffic #1 couldn't stop in time. Clear/Dry
#1 and #2 were stopped for traffic; #3 could not stop in time and rear-ended #2 which was pushed into #1. Clear/Dry
#1 NB on n Edgewood; #2 SB on Edgewood; both turning WB on Iron Eagle, #1 turning into side of #2 which was pushed into #3. Clear/Cloudy/Dry
#1 WB on HWY 44 turning SB on Eagle Rd; made wide tum and collided with traffic signal/street lamp pole. ClearlDry
#1 had to stop abruptly for slowing traffic and #2 could not stop in time. Clear/Dry
#1 slowing for traffic; #2 could not stop in time and rear ended. Clear/Dry
#1 was SB on 2nd St, #2 stopped at the stop sign on Plaza then pulled out in front of #1—CLOUDY/Dry
#2 pulled out of the Albertsons Pk Lot and into the path of #1-SNOW/Cloudy/wet
#1 stopped for traffic; #2 could not stop in time and rear-ended. Clear/Dry
#1 lost control after hitting patch of ice and overturned on roadway. Clear/lce
#4, 3,2 were all stopped for traffic; #1 could not stop in time and rear ended #2, which was pushed into #3, which was pushed into #4. Clear/Dry
Clear/Dry
#1 started to pull out then started backing up because of oncoming traffic and backed into #2 Cloudy/Dry.
#2 pulled into the tum lane on Eagle(NB) and stopped, #1 also pulled into the tum lane, not realizing that #2 had stopped, #1 rear ended #2 -Rain
#1 was traveling wb on Eagle when it failed to stop for the red light and rear ended #2 which rear ended #3-Clear/Wet
#2 stopped for traffic and #1 did not stop in time. Clear/Wet
it 142;
22 Inattention
22 Inattention
6 Following Too Close
22 Inattention
.=`e?.; ,!if Unit 2:.#1
13 Failed to Yield
32 Distraction in/on Vehicle (list)
6 Following Too Close
22 Inattention
0 None
0 None
0 None
0 None
6 Following Too Close
6 Following Too Close
13 Failed to Yield
22 Inattention
0 None
8 Off Roadway / Over Corrected
2 Speed Too Fast for Conditions '22 Inattention 0 None
22 Inattention
22 Inattention 23 Vision Obstruction 0 None
0 None
32 Distraction in/on Vehicle (list) _ 0 None
0 None
Unit"2'#2;=
23 Vision Obstruction
22 Inattention
22 Inattention
6 Following Too Close
22 Inattention
23 Vision Obstruction
6 Following Too Close
;Unit 2#3- Unit .3°#1
6 Following Too Close
6 Following Too Close
0 None
0 None
0 Nome
Cc /c2 O '1
CITY OF EAGLE COMPREHENSIVE PLAN
1.3 The City of Eagle Vision Statement
In 1999. City of Eagle citizens envision their future town as a well-planned community that
encourages diversified living and housing opportunities, economic vitality that offers jobs for
residents, and places for people to recreate and enjoy Eagle's natural beauty.
We envision that in the future Eagle will be:
a. known as a highly livable town that successfully balances many of the rural elements of its
heritage with growth;
b. interconnected with user-friendly pathways and roadways;
c. economically strong with a distinct downtown economic center;
d. providing diversified employment and housing opportunities for all economic groups;
e. an environmentally aware community with distinctive open space, parks and outdoor
recreation:
f an economically strong city, that fosters local businesses and clean industry;
0. a community committed to its support for children and families; and
h. a unique community that maintains its rural residential feel in the midst of the Treasure
Valley.
Page 3 of 49
CITY OF EAGLE COMPREHENSIVE PLAN
CHAPTER 5 - ECONOMIC DEVELOPMENT
5.1 Background
The economic development component of the Comprehensive Plan discusses the economics
and employment in Eagle. The city encourages appropriate economic development while
retaining those attributes that give Eagle its special living and working environment.
5.? Existing and Future Conditions
Eagle is home to a wide range of businesses. Within the City and Impact Area employment is
divided among retail trade, services, construction, government and agriculture.
Projected employment in Eagle is expected to continue to grow. Eagle's recent highway
improvements (e.g. SH 44 and five lane Eagle Road) will encourage new development
opportunities.
5.3 Goal
Encourage an economic base complementary to Eagle's rural identity
5.4 Objective
To preserve the economic integrity of the Central Business District (CBD) and to encourage
business and industry that have minimal environmental im. act.
5.5 Implementation Strategies
a. Encourage signagc promoting the Central Business District.
b. Expand the existing historic style lighting and beautification efforts throughout the Central
Business District.
c. Encourage a diversity of uses in the Central Business District.
d. Provide adequate parking for downtown.
e. Encourage the interconnection of pedestrian/bikeway systems between the Central Business
District and Boise River Greenbelt.
Page 13 of 49
CITY OF EAGLE COMPREHENSIVE PLAN
When discrepancies exist between the floodway boundary shown on the Land Use Map and the
floodway boundary shown on the Federal Emergency Management Administration maps such
that the floodway area is smaller than that shown on the Land Use Map the adjacent land use
• designation show shall be considered to abut the actual floodway boundary.
When new floodway boundaries are approved by FEMA and/or the City, the floodway area on
the Comprehensive Plan Land Use Map should be revised to reflect any new floodway line.
6.5 Goal
To preserve the rural transitional identity.
6.6 Objectives
a. To encourage the preservation of open spaces.
b. To encourage development with decreasing density radiating out from the CBD as shown
on the Land Use Map.
c. To discourage lot splits in approved platted subdivisions.
6.7 Implementation Strategies
a. Preserve the natural features and resources of Eagle.
b. Establish land use patterns and zoning districts that do not exhaust available services such
as sewer, water, police, fire, recreational areas, highways and transportation systems.
c. Provide for a broad spectrum of housino types including apartments, townhouses.
co�nc1nium's,`single
hfamily attached, manul`actured l es, affordable and subsidized
housing and large acreaoe develo meats.
d. Discourage strip commercial type development.
e. Encourage the development of technical park/research and development facilities, offices
and office complexes, and limited manufacturing activities.
f. Hihcr density residential development should be located closest to the Central Business
District (CBI)) as shown on the Comprehensive Plan Land Use Map.
g.
The mixed use arca shown along both sides of Eagle Road between State Street and
Floating Feather Road is to allow development such as higher density residential dwelling
units and/or facilities such as senior assisted housing, nursing homes and convalescent
homes. Commercial uses in this area are not permitted.
Page 18 of 49
CITY OF EAGLE COMPREHENSIVE PLAN
CHAPTER 10 -- HOUSING
10.1 Background
The Eagle area is transitioning from primarily agricultural land uscs 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 open space and gentleman farming. Over the last years
much of the agricultural land has been divided into a verity 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.
10.2 Goal
Encourage a variety of housing so that all residents can choose sound, affordable homes that
meet individual needs.
10.3 Implementation Strategies
a. A wid •e sit of housing t 'nes and choice between ownership and rental dwelling units
will be encouraged for a income LIroula.
b. The location of all housing should be coordinated with provisions for adequate public
facilities and services.
c. Development of housing for all income groups close to employment and business centers
should be encouraged.
d. Explore incentives that will encourage the private sector to provide affordable housing.
e. Encourage compliance with federal fair housing laws and discourage all forms of
discrimination.
f. Encourage housing which is in accordance with local building codes and provides for
energy-saving design.
g. The use of materials and techniques that will maintain a high level of quality while
lowering cost and speeding construction shall be encouraged.
Page 38 of 49
1
1
1 Drainages and Canals
CITY OF EAGLE COMPREHENSIVE PLAN
Special natural and manmade features of Eagle are the drainages and canals. The main purpose
1 of the canals and drainage ditches is that of distributing and moving water.
Central Business District (CBD)
1
1
Emphasis should be given to encouraging new housing in and adjacent to the CBD. Use of
1 existing houses within the CBD for both residential and commercial purposes should be
encouraged.
The Central Business District is recognized as a special area due to its historical and
architectural significance. It is recognized as the commercial hub of the community. The
Central Business District is depicted on the Comprehensive Plan Land Use Map.
1 State Street/Eagle Road Corridor:
The State Street/Eagle Road Corridor is designated as a Special Area due to its historical,
architectural and scenic significance. This area is depicted on the Comprehensive Plan Land
Use Map.
11.3 Goal
To promote the conservation and efficient management of all Special Areas and Sites .
11.4 Implementation and Strategies
a. Protect and improve natural and man-made waterways.
b. Continue to develop and im ro ve City design guidelines to encourage preservation of
IEagle's historic bin ldhngs anti guide new development to reinforce the town's special
quality and -tum of the century"' character.
1 c. Research other opportunities to enhance the viability of the CBD such as strengthening.
PP Y
cultural activities for Eagle.
d. Consider development of a community center to support multiple uses as well as
encouraging special events and gatherings that focus activity in the CBD.
1
1
e. Expand the existing historic style lighting & beautification efforts throughout the CBD
fI Create a vibrant CBD and encourage the preservation of downtown Eagle as a special and
unique place.
Page 41 of 49
CITY OF EAGLE COMPREHENSIVE PLAN
g. Preserve existing trees and establish appropriate landscaping as a part of new
developments.
h. Encourage the preservation of habitat areas which provide for fish and wildlife.
The City may require developers to prepare and submit an environmental assessment and
any such additional reports as the City may from time to time require, for any development
on land within an area designated as a Special Area or Site or for any development
impacting a designated Special Area or Site.
Require a plan for the restoration of land which shall be made available to the Planning
and Zoning Commission and City Council for each parcel of land located within a special
Area or Site that is proposed for the extraction of sand, gravel, rock, or other mineral
resource.
Page 42 of 49
CITY OF EAGLE COMPREHENSIVE PLAN
impacts of development projects.
o. Encourage the plantinfii, and preservation of trees that will create beauty and add to the
healthy environment o1 downtown (see kaale Tree Plan below).
p.
q.
Protect and enhance the small town character of the City by requiring signage which is
creative and distinctive, compatible with its surroundings, and an integral component of the
style and character of the building to which it relates.
Maintain the rural residential character and open space environment in and around the City.
r. Consider development of an ordinance or other suitable measures to stimulate
redevelopment in areas determined by the City Council to be in need of renewal.
12.5 Eagle Tree Plan
12.5.1 Goal
To establish and enhance areas of tree growth that will create beauty, add to a healthy
environment and increase economic stability.
12.5.2 Objectives
a. To create an urban forest that will help reduce air and noise pollution, conserve water and
reduce soil erosion, assist in modifying the local climate, increase property values, and
improve Eagle's economy by providing a pleasant and more comfbrtable place to shop and
live.
b. To encourage economic growth by establishing a more inviting atmosphere for locations of
business. - it
c. To establish a Parks Committee with at least one City official to perpetuate the plan.
d. To adopt an ordinance to provide for the future care and maintenance of the trees. Establish
a guideline of types and sizes of trees to be planted.
12.5.3 Implementation Strategies
a. Establish an inventory plan to keep track of tree location, age, and desirable planting locations.
b. Establish a recommended maintenance program.
c. Provide a plan to plant 300 or more trees over the years in the downtown core area, in our City
parks and along residential streets. The plan should be
implemented in several phases over a period of time.
Page 45 of 49
City of Eagle
Ada County Sheriff's Office
Month End Report for November 2001
Presented to: Mayor Rick Yzaguirre
On Behalf of.• Sheri, ff Vaughn Killeen
By: Sgt. Patrick Calley
Sergeant Patrick Calley
1 - Red Cross Program at Seven Oaks.
Talked with a reporter from the Eagle Stampede High School paper about anthrax responses.
Detectives moving into building.
5 - Emergency Response Team training.
6 - National Governors Conference security planning meeting.
8 - Met with councilwoman Nancy Merrill reference operations and planning.
Met with Captain Douthit.
Met with Jim Meliza reference property for him in Eagle.
Training at Eagle High School reference active shooter.
Met with Kiwanis reference needy families in Eagle.
9 - Meeting with Professor Crank from Boise State University grant studies.
Team meeting.
Participated in Rake -up Eagle.
13 - Chamber lunch at new Fire station.
20 — Emergency Response Team call -out.
26 - Sexual Harassment training at Public Safety Building.
27 - Meeting at city hall.
Extra patrol and met with crossguard at Eagle Elementary. Gave suggestions on how to make the
crossing and drop-off safer for kids.
28 — Presented October report to City Council. Briefed Red Team on upcoming training.
Walked through City Market and Eagle Plaza and visited with employees.
30 — Worked at the Eagle Country Christmas.
Deputy Kelly Adams
5 - Emergency Response Team training.
7 — Mobile Data Terminal training at the Public Safety Building.
9 - Team meeting.
Extra patrol at Eagle High School football game.
16 - Extra patrol at Eagle High School for vehicles left most of the night for football game.
20 — Emergency Response Team call -out.
Deputy Matt Buie
5 — Mobile Data Terminal training.
6 - Taught New World class at Public Safety Building.
8 - Country Christmas planning meeting at city hall.
Training at Eagle High School for active shooter.
9 - Team meeting.
15 - Gave tips to clerks at Justo's on how to avoid more fraud checks.
16 - Eagle Fire Station open house.
Helped escort Eagle High School football team out of town.
26 - Stopped by several businesses and spoke to them about getting identification and avoiding fraud
checks. Also gave them cards to fill out on who the responsible party is for Dispatch.
27 - Ride -a -long, Jean Buie.
Talked to 8 businesses downtown about fraud checks and what to watch for. Also handed out
responsible person cards to be sent to Dispatch.
Deputy John Dewey
1 - Visited 2nd grade class at Seven Oaks and taught them about fingerprints. Also fingerprinted all the
kids.
Red Cross Program at Seven Oaks.
4 - Talked with owner of Chevron about emergency exits and building security.
5 - Emergency Response Team training.
9 - Team meeting.
11 - Talked with kids riding bikes at Skateboard Park. Explained the rules of the park to them.
12 - Talked with some teachers at Eagle Elementary about guns in school.
13 - Recommended changes in lighting and cameras at Shady Acres after a break-in.
14 - Washington Federal Savings open house. Did security survey and became familiar with floor plan.
16 - Extra patrol at Eagle High School for vehicles left overnight.
20 — Emergency Response Team call -out.
29 - Visited with owners and introduced myself to everyone at 1 -hour Photo.
30 - Worked Eagle Country Christmas.
Deputy Craig Durrell
1 - Hung out at Albertsons during lunch reference problems with high school kids.
2 - Bike patrol in downtown area.
4 - Spent some time with kids at Skateboard Park. Explained park rules to them.
9 - Team meeting.
Participated in Rake -up Eagle.
11 - Talked with kids riding bikes at Skateboard Park.
14 - Washington Federal Savings open house. Did security survey and became familiar with floor plan.
20 - Meeting at city hall on Eagle Country Christmas.
21 - Talked with Kris Boyle at Two Rivers Sales office.
29 — Idaho Transportation Department put up Deer Crossing signs that were requested.
Contacted Idaho Power about putting up a street light on Harlan.
30 - Worked the Eagle Country Christmas. Visited with lots of citizens.
Deputy Luis Gutierrez
5 - Emergency Response Team training.
9 - Team meeting.
20 — Emergency Response Team call -out.
26 - Visited with clerks at Shady Acres and became familiarized with layout including storage and
basement areas.
27 - Extra patrol looking for potential victims of decoration vandalism's to educate them.
Deputy Jon McDaniel
5 - Met with an on duty manager at Albertsons and checked camera angles in store and parking lot.
8 - Training at Eagle High School reference active shooter.
9 - Team meeting.
Participated in Rake -up Eagle.
16 - Eagle Fire Station open house -talked with several business owners.
26 - Did traffic control at Eagle Middle School in the morning. We are trying to come up with a better
plan for traffic flow.
27 - Stopped by 8 downtown businesses and spoke to them about fraud checks and what to watch for.
Also handed out responsible person cards to be sent to dispatch.
Worked Eagle Elementary crosswalk with guard, talked with her about some ideas to make the
crosswalk and drop-off areas safer for kids.
Deputy Jake Vogt
9 - Team meeting.
9 - Participated in Rake -up Eagle.
10 - Extra patrol at Eagle High School for school dance.
19 - Talked with new employee at Stinker station about what to do in case of armed robbery, etc.
Deputy Jeff Winegar
1 - Visited 2nd grade class at Seven Oaks and taught them about fingerprints.
Red Cross Program at Seven Oaks.
2 - Bike patrol downtown.
Extra patrol at high school football game.
4 - Talked to owner of Chevron about emergency exits and building security.
5 - Emergency Response Team training.
9 - Team meeting.
Participated in Rake -up Eagle.
10 - Extra patrol at Eagle High School for dance.
12 - Talked with some teachers at Eagle Elementary about guns at school.
14 - Cubscouts came in for a tour of the station and brought Thank You's for Bike Rodeo. They were
fingerprinted and they earned an achievement badge.
20 — Emergency Response Team call -out.
29 - Visited with owners of one hour photo and introduced myself.
Contacted Ada County Highway District about barricades for Eagle County Christmas parade.
30 - Worked Eagle Country Christmas.
Field Service Technician, Terisa Howell
6 - Early Intervention meeting at Eagle Hills.
7 - Visions meeting at Eagle Hills.
8 - Eagle Country Christmas planning meeting.
9 - Team meeting.
9 — Participated in Rake -Up Eagle.
13 - Chamber of Commerce lunch at the new fire station.
14 - Visions meeting at Eagle Hills.
15 - Early Intervention meeting at Eagle Elementary.
16 — Attended Fire station open house.
20 - Country Christmas planning meeting.
28 - Visions meeting at Eagle Hills.
29 - Visited Kuna substation to train new Field Technician.
30 - Continued training new Field Tech at the Eagle station.
Worked at the Eagle Country Christmas.
Detective Todd Jolliffe (Eagle Academy)
5 — Emergency Response Team training.
15 — Drug dog came and sniffed throughout school.
Month long - Besides regular cases at school, worked a lot of cases throughout the month.
Detective John Murray (Eagle Middle School)
7 — Met with crossing guard in reference to traffic problems.
Month long - Met with several teachers and students throughout the month about behavior problems and
solutions to those problems.
Misdemeanor Arrests
Felony Arrests
Warrant Arrests
DUI Arrests
Non-Iniury Accidents
Injury Accidents
Seatbelt citation
N O 03 O
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Skateboard Violations 17_____41 I t
Parking Citations Q
Tobacco �
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ADA COUNTY SHERIFF'S OFFICE
CRIME ANALYSIS UNIT
Property Crime data from CAU database
November -2001 11 2 3 4 5 STAR BSU EAGLE KUNAI
Vehicle Burglary 1 1 9 6 0 5 3 6 1
Residential Burglary 2 6 1 3 0 1 0 3 0
Commercial Burglary 1 0 1 1 0 1 1 0 0
Construction Site Burglary 0 1 1 0 1 0 0 1 0
Grand Theft 3 0 4 2 2 0 1 4 1
Petit Theft 3 5 11 3 2 1 14 4 3
Malicious Injury to Property 3 1 16 5 4 1 8 3 4
'TOTALS 13 14 43 20 9 9 27 21 9
October -2001
Vehicle Burglary
Residential Burglary
Commercial Burglary
Construction Site Burglary
Grand Theft
Petit Theft
Malicious Injury to Property
TOTALS
September -2001
Vehicle Burglary
Residential Burglary
Commercial Burglary
Construction Site Burglary
Grand Theft
Petit Theft
Malicious Injury to Property
TOTALS
August -2001
Vehicle Burglary
Residential Burglary
Commercial Burglary
Construction Site Burglary
Grand Theft
Petit Theft
Malicious Injury to Property
TOTALS
Star =RD 91 Kuna=RD 129
Eagle=RD 87 BSU=RD 822
1
1
1
1
2
2
5
5
18
1
1
0
3
1
3
1
3
12
2 3 4 5 STAR BSU EAGLE KUNA
2 14 2 3 0 3 3 1
4 2 2 1 0 2 1 0
0 0 1 1 0 2 2 0
1 1 0 0 0 1 1 0
2 3 5 1 0 2 4 0
1 8 4 3 3 6 8 8
1 7 9 6 0 7 3 3
11 35 23 15 3 23 22 12
2 3 1 4 5 STAR BSU EAGLE KUNA
5 9 9 3 2 1 8 3
0 6 5 0 1 0 3 2
0 0 1 0 0 1 1 4 1
0 1 0 0 0 0 0 0
1 1 5 0 0 1 2 1
1 6 7 4 0 11 7 2 1
6 6 8 5 1 6 12 3
13 29 35 12 4 20 36 12
1 2 3 4 5 STAR BSU EAGLE KUNA
6 2 10 9 1 0 5 6 3
2 0 3 1 1 0 0 5 1
1 0 0 0 1 0 1 0 1
0 0 1 0 0 0 0 1 0
2 3 2 1 2 0 1 2 1
15 1 7 5 1 2 8 15 4
8 0 8 9 4 0 5 8 0
34 6 31 25 10 2 20 37 10
1 Revised 12/10/2001
July -2001 1 1 2 3 4 5 STAR BSU EAGLE KUNA
Vehicle Burglary 4 3 8 14 1 0 2 10 4
Residential Burglary 1 3 5 9 0 1 0 2 2
Commercial Burglary 1 1 1 0 1 0 1 4 1
Construction Site Burglary 0 0 0 0 1 0 0 1 1
Grand Theft 3 0 6 0 2 0 4 2 0
Petit Theft 3 0 14 3 2 0 5 7 6
Malicious Injury to Property 5 3 16 16 8 0 6 5 3
(TOTALS 17 10 50 42 15 1 18 31 17
June -2001
Vehicle Burglary
Residential Burglary
Commercial Burglary
Construction Site Burglary
Grand Theft
Petit Theft
Malicious Injury to Property
'TOTALS
Star =RD 91 Kuna=RD 129
Eagle=RD 87 BSU=RD 822
1
1
1 2 3 4 5 STAR BSU EAGLE KUNA li
3 6 4 7 3 0 2 2 14
2 2 3 2 0 1 0 3 1
2 0 1 3 0 0 0 3 1
1 0 0 0 1 0 0 2 1
1 0 2 2 3 0 1 2 0
4 4 2 10 4 0 9 6 6
4 1 13 21 5 3 1 7 5
17 13 25 45 16 4 13 25 28
1
2 Revised 12/10/2001
IAR
EA r3lR.,Cone
1 A087 ConstructionrSite Burglary
1 A087 Grand Theft
1 A087 Grand Theft
Date.from
11/24/2001
11/24/2001 Saturday
11/7/2001 Wednesday
Area Report Query
.,.t. ..: ':A ::_ � .::. . �� L.. � F,�,c o'Xe ..-�t.'. k>]1v1 .�: f1ti
Date Tar, .Dav;From`.' Dav 'o ime romlTime'�'Q " ` rilitA��r ss'� : :
11/25/2001 Saturday Sunday 18:00 12:00634 W TWO RIVERS DR
1 A087 Grand Theft
1 A087 Grand Theft
11/16/2001 11/19/2001 Friday Monday
11/5/2001 Monday
1 A087 Malicious Injury to Propert
1 A087 Malicious Injury to Propert 11/22/2001
1 A087 Malicious Injury to Propert 11/8/2001
1 A087 Petit Theft 11/24/2001
1 A087 Petit Theft 11/3/2001
11/25/2001 11/26/2001 Sunday
22:301 4:00 1582 N DRAGONFLY PL
2:00 11:00130 W JAKONA LN
1528 N CREEKFIELD PL
2:00 6:00 2249 E STATE ST
Monday
Thursday
Thursday
Saturday
Saturday
21:36
22:30
13:00 22:00
22:301
1618 N DRAGONFLY PL
2421 E DUNYON ST
132 E Woodlander DR
1646 S Rivergrove WAY
2231 E SADIE DR
11A087 Petit Theft 11/16/2001'
1 A087 Petit Theft
1 A087 Residential Burglary
1 A087 Residential Burglary
11/8/2001
11/2/2001 11/3/2001 Friday
11/16/2001 11/18/2001 Friday
Friday
11/9/2001 Thursday
1 A087 Vehicle Burglary
1 A087 Vehicle Burglary
1 A087 Vehicle Burglary
1 A087 Vehicle Burglary
1 A087 Vehicle Burglary
1 A087 Vehicle Burglary
11/3/2001 Saturday
11/3/2001 Saturday
11/26/2001 11/27/2001 Monday
11/26/2001 11/27/2001 Monday
11/23/2001 11/24/2001 Friday
11/3/2001 11/4/2001 Saturday
Friday
Saturday
Sunday
Tuesday
Tuesday
Saturday
Sunday
Page 1
19:00, 22:001260 E STATE ST
22:001 7:001269 EAGLE GLENN LN
14:00, 10:30'1608 N KENWOOD PL
2395 E DUNYON ST
10601 HORSESHOE BEND RD
22:45 2191 E SKOKIE DR
15:30 10:00 574 PARK LN
20:00 7:15 574 PARK LN
22:00 10:30 216 MANGO DR
2213 E CELIA CT
12/5/2001
City of Eagle
Accident Statistics for November 2001
For the month of November 2001 we had a total of 23 accidents within the city limits of
Eagle. This is a decrease from the previous month of October when we had 25 accidents.
Of those accidents, 13 of them were property damage accidents, and 10 of them injury
accidents.
August- 25 accidents
September- 20 accidents
October- 25 accidents
This month we had a dramatic increase in injury accidents. They increased from 5 last
month to 10 this month. The causes of these were failing to yield, following to close and
inattentive driving.
Weather did play a role in several of the accidents but was not the major cause of the
increased injury accidents.
Most of the accidents occurred during the weekdays, Monday through Friday. With the
majority of the times being during the daytime hours.
Monday: 3 accidents
Tuesday: 4 accidents
Wednesday: 2 accidents
Thursday: 6 accidents
Friday: 5 accidents
Saturday: 2 accidents
Sunday: 1 accident