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Um, so it looks like it's still.

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And then I have already drafted back in and it hasn't even let me been signing any.

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Yes.

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I'd like to call this meeting to order. We'd like to welcome you tonight to the Town

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of Eager regular town council meeting Tuesday, September 1st, 1, 2026. We appreciate

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each of you being here. As far as roll call, we have everyone present. And if you

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will stand and join me in the Pledge of Allegiance, and following that, Bryce Burnham

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will give us an invocation.

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I pledge allegiance to the flag of the United States of America and to the Republic

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for which it stands, one nation under God, indivisible with liberty and justice for

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all.

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Our dear Heavenly Father, we are grateful tonight for this meeting that's been planned.

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We're grateful for the moisture that's fallen upon our land. We're grateful for that

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great blessing, and we ask that please continue to bless us with the moisture that

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we need to thrive. Please bless us that Thy Spirit will be present with us as we

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make decisions and discuss items regarding the town. Please give us that guidance

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we ask in the name of Jesus Christ. Amen. Thank you, Mr. B.

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All right, uh, summary of current events. Um, I'll just give a quick report. Um,

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I did attend the League of Arizona Towns and Cities, and it was a, a good, a good

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opportunity for me, a good experience for me. I questioned a little bit about a conference

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in Phoenix in August. I wasn't really sold on that idea, but it was good information.

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Um, I appreciated they had a keynote speaker. And she focused on treating people

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with dignity. And I really appreciated that. And, uh, and the focus was on, it's

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great that we all, all have differing ideas and opinions, but we need to treat each

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other with dignity. And just on a personal note, it seems like this week has been

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challenging for me. We have a big um family campout planned, and someone is in our

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camping spot, and that's hard for me. Anyway, if, if we can be uh reminded of, of

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treating each other with dignity. And uh one more quick note that was kind of funny

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and hopefully everyone will appreciate this. I'm talking with someone on the phone

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and From the sound of things, she is not from our region or part of the country here.

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And she said she was asking about my address. And asked if it was Eagerville. And

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I kind of chuckled a little bit. Anyway, I said, it's Eager, but maybe we might consider

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Eagerville, I'm not sure. Anyway, I did appreciate the, the, that conference, and

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I, I, I realized that big or small, we all face a lot of the same issues. Uh, one

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of the main, I, I attended multiple sessions on water in Arizona, and that They did

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say, you don't need to panic, but you need to be concerned about water, and I'm,

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I'm concerned about water. Uh, but it was, it was good information. But other than

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that, uh, council members, reports, anything you'd like to disagree with attended,

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uh, MACOG via Zoom. Eric joined me. He's the Thatch County representative, uh, woman.

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The, they've updated the economic development stuff you've probably seen that and

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um the big thing is we're hosting MACOG meeting here. Next month, the 19th,

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we gotta get that figured out October. We just started. No it's not learning.

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That'll be a, a tour on Wednesday afternoon and then the regular meeting will be

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in here on Thursday morning. So The whole council's invited to both events.

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That's the 21st and 22nd. Thank you.

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All right. Any other council members? All right. We will go to staff reports, Brandon.

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Yeah, mayor and council. The mulcher that was approved at the last meeting, we just

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got that delivered, so we should be able to start some more work in our right of

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ways. We've been spending quite a bit of time in our right of ways trying to, for

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the last 3 weeks, trying to take some of the dead trees out. Uh, there were

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A bunch of them and they're some of the very large old trees. Um, and it's kind of

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sad to see them go, but we have to get them down before they fall down and cause

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injury or, or damage infrastructure. So we've been, the guys in public works have

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been working on that. Uh, the public works director is unable to be here tonight,

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so I just thought I'd update you on some of the stuff that they've been doing. They've

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also replaced all the two of the solar lights on the south end of

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Main Street, all the 2 of the electrical lights with solar lights. Let me say that

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correctly. So They've got 2 more to do and they're, they've been ordered

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and as soon as they get here, they'll get those up. So we're gaining on that. That

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allows us to cut down some of those overhead service lines. It just looks a whole

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lot cleaner. And when, when they get those done, they'll also go and paint all the

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poles black like we have on the rest of all of Main Street, so that'll help out a

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lot. Been trying to keep up with the mowing. One thing with the rain is, it's hard

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to keep up with the mowing in the right of ways because those weeds grow fast. But

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we've been working on that. And Uh, that's about all I have for tonight. Thank you.

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Any questions for Brian? All right, David. So for budgetary wise, um, our cash position

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as of July 31st, we had just over $1.3 million in our operating account and just

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about $7.1 million in our LGIP, um, for a total cash position of $8.4 million. Um,

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we continue to do the $50,000 transfer at the beginning of each month from the operating

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into LGIP. And then all of our major funds, the general fund for and utilities, um,

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it is just beginning of the year, but we got the revenues in that we were expecting

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and the expenditures are where they should be for those that first month. So we're

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looking good.

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Questions for David?

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All right, Jessica. Uh, mayor and council, so we did put out that we received our

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youth sports grant, um, so we, we did receive $5000 for that to help, um, any

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youth in the area that's. If anybody all the way up to high school they can still

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either be 18 and in high school. Those can help with sports registration fees, some

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travel equipment, stuff like that. So that way you can have kids keep playing. Uh,

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currently working on Halloweenie, uh, the scarecrow contest we did move off Main

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Street and in CA we got our pond, um, so people can walk around and check those out

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up close. Um, David and I are working on our youth sports registration. We are assisting

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a lot of the youth sports here in the area, um, such as, uh, flag football and basketball

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at the moment. So we will be assisting them with registration. And then I'm currently

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working on looking for all the new law updates and then I will begin with res too.

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Or or to look at those over. You know that's all I have. All right, thank you. Questions

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for Jessica?

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All right, Britney, uh, Mayor Council, first thank you for your service, um, especially

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those that are stepping down. Um, I wanna thank Jen with the White Mountain Independence.

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Um, she reached out two weeks ago, but I don't remember that, uh, for a quote on,

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um, the utilities funds that the core community transition team had to put on. Um,

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and so you was mentioned in that we had received over $125,000 from that to help

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with different things, um, and so over the next write up on what those provided but

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also included easier on those, um, and then so just working on trying to find the

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other drift and other development that is working on coming in or interested in.

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Thank you. Questions for Brittany. OK. Do you feel

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Oh So I'm gonna take just a minute outside of our staff work.

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So, Del Thompson, we would like to formally thank you for your uh service as a senior

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officer. Uh, Del Thompson, Has dedicated over 1100 hours in the last 4.5 years with

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the CCPD. Um, I don't know how many. Calls for service he responded to this mass

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amount or amount, but uh I would like to have everybody please give Bill Thompson

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a round of applause.

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Mm Mayor of town council, this month, we had 20, 241 total incidents,

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154 of those were calls for service, and then we had 87 monster uh initiated incidents,

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with 20 of those being traffic stops. We had, uh, 2 accidents this, this last month

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and then 23 reported crimes with 11 of those, uh, resulting in arrests. And the

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arrests range from reckless driving, extreme DUI, criminal damage, trespassing, uh,

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Disorderly conduct, animal cruelty, assault, DUI, and then some felony arrests that

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were, that the means of transportation, burglary, aggravated harassment, um, and

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failure to register as a sex offender. Uh, we are still awaiting the conclusion of

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two complaints that were referred to the Department of Public Safety. Um, once we

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have those sent to us, then we'll update the, the council of those and the findings.

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Some of our noteworthy information is on August 19th, we had the walk to school event

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for the primary school, and then on August 19th as well, we had the Chief's, uh,

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Community Advisory Board where we discussed, uh, block counters. Um, we'll be putting

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out a statement on those later on, um, what we kind of discussed. And then on August

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24th, um, Administrative Assistant Hayley Lancaster started with us.

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Um, she's been, this is day 6 and she's already taken off very well. Um And then

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we're in the final stages of transferring everything to the show the dispatch center.

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And the last thing that I have is uh on the 22nd sort of. Mhm.

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The Mount Valley Police Department.

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Any questions? Thank you. Any questions, Chico? All right, Chief Pen.

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Mhm

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I'm sorry, there's something on the 24th of the 22nd.

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0, on, on, on the 22nd, Sergeant called resigned from my, from my place.

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Chief Penroke, uh, so we're pretty busy in August. It says here 68, but by the end

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of the month we're up to 81. I think that's our highest number we've had. So it's

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picking up. Um, we had two major MBAs. Uh, it says 2 cardiac arrests on here, but

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we had another one by the time this was done. We got the new equipment that we, uh,

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that we got with opioid finding. We had that all in service and ready to go, so we're

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able to utilize that on those calls. Um, we use our, our resources twice to transfer

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people to the level electronic centers. Um, our wildland stuff was pretty busy. We

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sent my truck with Brandon up to Oregon to the road fire. Uh, our UTB team got deployed

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as a RMS 3 out to Oregon with the grasshopper fire in our brush truck right now,

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brush 151 is currently in Oregon with Arizona Task Force 7708. And the last I checked

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on them, they were on the McCauley fire right now. Uh, Robert did 3 fire inspections.

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Uh, we've continued our cadet trainings on Fridays. We've been our guys are going

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through their EBOC training, their emergency vehicle operator training. We got the

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striker stuff in service, the Lucas mechanical CPR stuff in service just to try to

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use them on those calls, which worked out great. And then with the REMs 3 team going

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out, we've been putting a big emphasis on ropes and knots and that kind of stuff

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at the station. Um, did some airbag lifting and stabilization training and some traction

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split stuff. Um, at the station, we're working on some roof leaks that we're trying

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to track down. Um, got some flags hung in the bay. Um, we got the inside of the bay

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painted. We did that ourselves. And then one of the main things we uh loaned out

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an engine to Bernon Bernon's been awesome about helping us out as far as burns and

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staffing and that kind of stuff. We have an extra one that we're out of, out of engines

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over there, so one of our engines is over there. Right now and they're attached to

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yourself there's a letter from their chief and you guys were sending it over to them.

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Uh, the burn piles we started on those today. We got one done. We're gonna do one

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tomorrow, maybe the next emergency, so we're gonna start working on some of those

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ones.

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Right. Mayor council, uh, REMS is a rapid extraction module. It's a medical team.

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Thank you.

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Are you inferring that we didn't know that? Thank you. Yeah, thank you, yeah.

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Thank you. Uh, any questions for Chief P? All right. Thank you. Moving on to item

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6. Open call to the public. And if you would be reminded if you are here to speak

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on another agenda item, if you would wait till the public meeting portion to address

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that issue, that'd be greatly appreciated. Uh, item 6, open call to the public. Any

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citizen desiring to speak on a matter that is not scheduled on the agenda may do

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so at this time. Comments shall be limited to 3 minutes per person and shall be addressed

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to the town council as a whole and not to any individual member. Issues raised shall

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be limited to those within the jurisdiction of the town council. Pursuant to the

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Arizona Open Media. Law, the town council cannot discuss or act on items presented

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at this time. At the conclusion of the call to the public, individual town council

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members may 1, respond to criticism made by those who have addressed the public body,

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2, ask staff to review a matter, and 3, ask that a matter be placed on a future agenda.

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Open call to the public.

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Mayor council, I know you've missed me, so I, I do, I wanna, um,

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Same thing Brittany said that thank you for your service for the last 4 years for

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the shows that you're doing and good luck for those who are coming. Um, it's wonderful.

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School started great. Um, I went on the open houses and I've been through the high

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school quite a bit. Um, all of our teachers and aides and paraprofessionals all seem

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just tickled to death to be back to work. Um, they are all so passionate. It's just,

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it's wonderful to see their passion for what they, uh, what they do all the time.

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Um, if you never walked through our primary school and our elementary school, I urge

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you to call the principal and do that. If you've never been in the kindergarten,

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well, the whole primary school, those people, they, they put a lot of work into those

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classrooms. They're just pretty astounding, what they have in there. I remember when

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I went to school, cause that was a long time ago, you know, the walls were some sort

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of an upbeat beige gray color, and we had those old desks and that's it. Now, you

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know, we got rugs and we got stuff all over the walls and uh I don't know how you

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could not learn in these classrooms, so, um we had our our first home game last week,

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we won. You know, that always makes it a good game. Football game. We've also had

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soccer. I don't think soccer did as well, but um. Um, I, I really pray for a

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really great year for you as a counselor. Thank you. Thank you.

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I'm Monica Baining, an eager landowner and 44 year resident of Brown Valley. Good

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evening, Mr. Mayor, councilors, and staff. I've been very engaged the past 29 months

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with the renewable energy industry proposals here in Southern Apache County. At no

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time have any citizens ever expressed opposition to a biomass energy plan. In fact,

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we've been pushing the county to include biomass in the renewable energy ordinance

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since early 2025. Eager residents will recall the biomass plant located on the old

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sawmill property back in the mid 2000s. I applaud those past landowners and business

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entrepreneurs for that endeavor, but it was noisy to the land, to the neighbors and

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had its issues because they used. Pre-existing sawmill equipment not designed for

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biomass, but new opportunities are opening up now to try it again with better modern

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technology designed to make biomass plants more clean and efficient to one more clean

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and efficiently just in the last 33 days. The Forest Service has promised a long-term

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plan to offer a minimum 500,000 green tons of biomass each year from forest thinning

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work. That's in addition to all the dead trees on federal, state, tribal, and private

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lands, as well as more trees being cut for grassland, woodland, and watershed restoration

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projects and wildfire protection work underway, and more planned on all ownerships.

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And in all the, and add in all the tree and trimming waste being piled into waste

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transfer stations and community burn pits. The Novo Bio Power plant in Snowflake

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is at capacity. They, the Forest Service, State Department of Forestry and Fire Management,

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and Eastern Arizona Counties Organization all agree another biomass plant is needed

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now, as has been reported in at least 6 last, uh, local news articles from January

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through last month. Like, The USDA Powering Affordable reliable Energy program. In

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fact, that program provides loans for projects that generate or store electricity

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from three eligible renewable sources hydro, geothermal, or biomass. Individual awards

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will range between 1 and $100 million with loan forgiveness possible. To 40% they'll

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be accepting letters of interest from September 8th next week through October 9.

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The vast majority of Southern Apache County citizens know that using woody and green

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waste debris from responsible forest and land management makes the most sense here

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to reduce fire hazard, maintain healthy habitats and watersheds. Offer beautiful

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landscapes for visitors and residents alike and generate electricity all as one smart

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job. That's a win-win for everybody, and we would support a biomass plant here far

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better than the wind or solar projects being proposed. Thank you for your time to

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speak.

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Mhm Yeah

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All right. Moving on to 7, consent agenda, 7A Town

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council minutes, discussion of possible action to approve the meeting minutes from

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August 2026. That's Jessica. And 7B July 2026

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financials discussion and possible action to approve the August 2020 to approve the

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July 2026 transmittals, checks written, payroll direct deposit vouchers and credit

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card purchases. And 7C. July 2026 financial report and sales

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tax report. Discussion possible action to accept the July 2026 financial report and

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sales tax report, and that's David. And item 7D, discussion on possible action to

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approve a proclamation declaring September Ovarian Cancer Awareness Month, and that's

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Jessica.

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Any questions? And if not, do I have a motion? Move, move the consent agenda. OK.

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Motion has been made and seconded to approve the consent agenda as presented. All

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in favor of that. Aye. Any opposed? Motion carries. Presentation, uh, item 8,

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presentation of council members. Um, this is thanking the outgoing council members.

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Good. Come up with. You got

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We can all come up as a group and I'm gonna talk to about you individually and then

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we'll, we'll uh

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Amazing.

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I'm gonna clump the two guys together. They're on the light. I hope we understand.

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These guys have a lot going. They've got family obligations, work obligations. They'd

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like to have a little bit of time for themselves. They, they've given up some of

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that to serve our town, and we really appreciate them, and I appreciate They're,

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they've given our community members a voice through these guys up here, and they've

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taken that job seriously. And I, I, I can't stress enough. Um, people will say, oh,

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they meet once a month. They meet once a month, but they think about things daily

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for who knows how long, and they're, they're working on things in their mind. They're

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discussing with people, issues, and, and so they've, they've done a great service,

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not to everybody here. They, they've done a great service to our town. We appreciate

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them. We would like to first recognize Brandon Slade. Thank you.

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Ray Ray Hamble.

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Say a quick word about Marsha. I love her.

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She doesn't care who you are.

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What's going on in her mind, she will let you know. As far as being a politician,

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she's not that. She lets you know right up front where she stands, and she's not

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gonna budge on that. And like I said, she's, she's the same and that she's been valuable

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to our community because she's given people a voice in the town, and we appreciate

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her and, and, uh, all good things must come to an end, but we really appreciate her.

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Thank you very much.

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Yeah, that's.

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Just. Just like that, they're gone. Wow. Oh, that smiles

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on their face.

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Mm All right, we're moving on to Um, item 8B, swearing in of our new council

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members. Elected town council members, Reggie Peterson, Robert Ray, and Dale Thompson

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to take the oath of office. That's Jessica. Well, not,

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Thank you I'm gonna set this right here for a second.

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OK.

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Mhm OK. Please raise your right hand. I state your name.

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Do you solemnly swear or affirm

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that I will support the Constitution of the United States

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and the Constitution and laws of the state of Arizona and the Constitution and laws

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of the state of Arizona that I will bear true faith. And I will bear true faith and

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allegiance to the same, allegiance to the same, and defend them against all enemies

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and defend them against all enemies, foreign and domestic, and I will faithfully

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and impartially discharge and then I will faithfully and impartially discharge. The

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duties of the office, the duties of the office of the town council member, of town

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council member according to the best of my ability, according to the best of my ability.

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So help me God. So help me God. Thank you.

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You sit down. Yeah, sit down. I got you, Dale right here. I have Reggie here and

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I have Robert there.

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Keep me in line. All right.

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Usually I've never said this. All right. Moving on to item 9, presentations, 9A,

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presentation of certificates, uh, presentation of certificates to the Bastards mural

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participants.

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We have a GI here and then let me know. So you can um

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yeah so

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You stay on track as long as you stay right here at the end.

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This really is a nice addition to the town. It, it is a really cool piece. I'm, I

288
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really am impressed with it and thank you. So I wanna thank Brandy and Arena for

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taking over that um we received a grant through um SRP help to do this mural as part

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of a tour. To try and bring in more tourism in and then create attractions um and

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so. Of course our local high school arts teacher and then Brandy has done several

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works of art in town, um, and so they were the masterminds behind getting this. They

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found the kids they interviewed them, um, I'm sure Jackie could tell you it was quite

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a process and they had to apply for it and stuff, um, but these guys got it done

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in, I think it took 2 weeks total by the time you got it up on the wall and everything,

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um, but we think it's a great addition. So thank you very much and like I said.

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We don't, we don't have a list of those others. I do. So, um, other kids that were

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involved were Hunter Blitz, um, Adrian Marvel, Aiden Finch, Jenna Blunt, um, Robin,

299
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Seth Edward, and Dorothy. Um, and so some of them are at college, so we will give

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those to their parents and stuff, um, and then the other ones we will try and coordinate

301
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with the school, but They are active members of our community, so they had worked

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in sports and different so thank you thank you thank you.

303
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It's not right. I see.

304
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All right. Item 9B. Round Valley Unified School District update on maintenance and

305
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operation budget override continuation, Slade Morgan and Cass Pond.

306
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Mm.

307
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Thank you.

308
00:30:59,052 --> 00:31:00,067
So yeah, I don't know what we're doing.

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It's

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It I

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Uh, mayor and council, uh, my name is Save Morgan. I'm superintendent of Round Valley

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High School District. Um, Caston, business manager, he's setting up the presentation

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over there, hopefully we'll, we'll get it going. I wanna echo what, what's been said.

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We appreciate your support over the many years, um. This evening, we just wanna provide

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information for upcoming uh maintenance and operation override continuation, uh,

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how the measure coming up in November. I know that's a mouthful. Um, our goal here

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is to explain what exactly this is. Uh, this is not a new tax. Um, and also

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explain, uh, what it means for, uh, community-based as far as tax and what a yes

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vote would mean and then what a no vote would mean. So, we'll go ahead and start

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with Mr. Pond here.

321
00:32:15,003 --> 00:32:22,024
Perfect. Awesome. There we go. There we go. OK, so, as we get started talking about

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this, this is a, uh, maintenance and operation override, and I know a lot of people

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think, well, it didn't we just do this? Well, a couple of years ago we did the bond.

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Bond is a little bit different where we went out to get a bond to help with our buildings.

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This override is different. It can only be spent on salaries and benefits and. The

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operation of our buildings, right? And, and so it's different. Next thing, uh, question

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comes up, well, didn't we just do this? Uh, yes, uh, we have to renew it every 5

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years, and if we don't renew it within 5 years, then it reduces over the period.

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And so this, as we talked about it, this is a continuation, uh. Vote and uh we

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have had the same override for the last 15 years. And so, getting into what this

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means and, and the details of it, our M&O budget that we have currently right now

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for the 26, 27 year is about 11.3 million as you can see up there. And so, the override

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is 15% of that, so, uh, our estimated override this year is about the 1.47. So

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if the election did not pass, then we would have to reduce that $11.3 million by

335
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that $1.4 million there.

336
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OK, so, how does this affect us? And so, uh, the, the estimation, it says there,

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but, uh, for a homeowner or a property owner, uh, The, the detail that we give it,

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it, it's, it's 40 cents per $100 of the assessed value. And so we're gonna calculate

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that if you had a property or land or whatever that's $100,000 you take that, you

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00:34:15,044 --> 00:34:22,051
divide it by 10 to give you $10,000. and then you multiply that by the 40 cents,

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so it estimates to be about $40 per year. So if you had a home that was $300,000

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then for the market value, you're looking at probably paying about $120 a year. And

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so that's, that's what it, it is, and as I said, that's about what we've been doing

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for the last 15 years and we've had this so.

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So, I'll explain what a yes vote would mean and then what, what a no vote would mean.

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Um, a yes vote would mean that um taxes would stay approximately the same. Obviously,

347
00:34:58,046 --> 00:35:06,041
we know property values could change, um, maintain staffing, uh, within our enrollment,

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00:35:06,005 --> 00:35:14,005
our class sizes, um. We want to continue to keep and grow all of our extracurriculars,

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whether that be our music programs, or sports programs. Uh, our vocational ed, um,

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and just all of our extracurricular activities. Um, as far as the community and what

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it means, um, You know, we partner with many youth programs that use our facilities,

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uh, our fields, we name a few up here, our youth football, flag football, AYSO, youth

353
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basketball, Little League, um, and just other community events which, you know, we

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do have rates that we do charge for, uh, our fields and our facilities, but, you

355
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know, if it's a community event, we, we take that in consideration and charge a much

356
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lower fee. Uh, next one. So a no, no, no vote would mean that

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we would have to phase out that override over the course of 3 years, um. If we get

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a no vote this year, that would mean we'd have to cut out um nearly a half a million

359
00:36:15,024 --> 00:36:22,047
dollars uh going into next year. Um, what that no vote could also mean is staff reductions,

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larger class sizes. Uh, we'd have to look at being more efficient with our, our buildings,

361
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uh, possible closure of some schools, um, the dome, uh, reduce, uh, utilities.

362
00:36:36,094 --> 00:36:41,099
Um, we did go out and we, we received a turf grant, um, last couple of years, which

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has helped with, uh, a lot of our water usage, but we still have several fields that

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we maintain. Uh, reduced in extracurricular funding, um, where we might have to increase

365
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our student activity fees. And again, talking about our relationship with the community,

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loss of different facility uh usage for those. Um, so, we, we, we realized that this

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presentation is brief. Um, we want you guys, if you have additional questions, uh,

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we have our email address. Um, on this page, which we'll leave a stack of these in

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the back as well. Um, it goes for the community as well. We're willing to talk to

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anybody. We, we don't, we're not the type of folks that just get up here and just

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give some information. Uh, we're all about dialogue. Uh, we realize that, um, you

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know, times are tough. And, you know, you guys as taxpayers deserve um to have that

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communication and to have your questions answered. So, uh, any questions from council

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this time?

375
00:37:53,065 --> 00:37:58,023
Again, we, we appreciate it. We'll, we'll leave these in the back and please don't

376
00:37:58,023 --> 00:38:02,058
hesitate to reach out to us. We certainly appreciate that. Thank you very much. Thank

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you.

378
00:38:13,072 --> 00:38:13,083
Great.

379
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All right. Item 10 A appeal regarding conditional use permit. Do I have a motion

380
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to move into a public hearing? I'll make a motion. We move into a public hearing.

381
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Second motion has been made and seconded to go into a public meeting. All in favor

382
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of that.

383
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Any opposed? Motion carries. Um, public hearing A, discussion to hear an appeal and

384
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cons and consider an application from Lucas and Candace Luna for a conditional use

385
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permit. Uh, conditional use permit, 2026-6 to allow an RV park and RV

386
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storage to be created in an industrial zoned area at 975 Southwater Canyon Road.

387
00:39:06,029 --> 00:39:11,095
Brett? Uh, this is kind of split into two things. This first part is a public hearing.

388
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Um, and then we have after the public hearing, uh, a chance for the board to discuss

389
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and any possible action. So for the public hearing, I think, uh, we can open it up

390
00:39:25,021 --> 00:39:31,008
for the public to hear, hear their positions and then, uh, then we can have a separate

391
00:39:31,001 --> 00:39:35,005
discussion among the, the board members. I guess I, for those that are new here,

392
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this is a, uh, An appeal from a planning and zoning decision last month, uh,

393
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the council decided to not just Uh, say that the planning and zoning position stands

394
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but decided to actually have a public hearing on it, hear the evidence, and then

395
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make its own decision. So what's gonna be decided or what needs to be decided is

396
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either one to uphold the planning and zoning decision which denied the conditional

397
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use permit for the RV park and storage facility or to allow the conditional use.

398
00:40:08,085 --> 00:40:14,008
Um, permit to go forward for the RV park and storage. Or the third one is you could

399
00:40:14,008 --> 00:40:19,000
apply additional, uh, conditions on the conditional use permit. So you could allow

400
00:40:19,000 --> 00:40:23,048
it, but we want to see some additional, uh, conditions for the permit. Those are

401
00:40:23,048 --> 00:40:28,008
kind of your three options here. Uh, so you are acting now as almost like an appellate

402
00:40:28,008 --> 00:40:32,002
court, you know, you're, you're reviewing a Decision that was made already by planning

403
00:40:32,002 --> 00:40:36,006
and zoning and, and making a decision on whether you agree with it, whether you don't

404
00:40:36,006 --> 00:40:41,093
agree with it, or whether you wanna see some additional uh uses on there. And I guess

405
00:40:41,093 --> 00:40:46,007
in, in your package just to reiterate, there's a lot of other uh proposed facilities

406
00:40:46,007 --> 00:40:51,022
and conceptual plans and things, but what's on the agenda today is only the RV park

407
00:40:51,022 --> 00:40:57,005
and RV storage. That is what this is limited to, and some of the concerns, uh, before

408
00:40:57,005 --> 00:41:03,003
planning and zoning had to do with, uh, water usage, traffic, fire protection, things

409
00:41:03,003 --> 00:41:10,094
like that. Um, under the code, a RV park is allowed, but it has to

410
00:41:10,094 --> 00:41:15,034
be approved through this process, through a conditional use process. So, that's where

411
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we are here tonight.

412
00:41:20,073 --> 00:41:24,016
All right. Public hearing.

413
00:41:26,029 --> 00:41:33,008
Jessica, remind me, is this, we have a time limit? OK. All right. So I guess at this

414
00:41:33,008 --> 00:41:37,022
point it's open to the public to hear, uh, hear any positions on this.

415
00:41:40,049 --> 00:41:46,018
And if you please state your name, that will help you. Thank you, Mayor council.

416
00:41:46,051 --> 00:41:50,062
My name is Lucas Luna. We're the ones that applied for the permit. I'd like to spend

417
00:41:50,062 --> 00:41:56,078
a few minutes talking about why we are looking for the permit to be approved. Um,

418
00:41:56,085 --> 00:42:01,002
we do have a brief presentation. It won't take very long, but truth of the matter

419
00:42:01,002 --> 00:42:06,008
is, um, we did present this to planning and zoning. You can go through the minutes.

420
00:42:06,063 --> 00:42:11,018
There was not very many legitimate reasons for the decline. It was more emotional.

421
00:42:11,071 --> 00:42:18,053
than it was legitimate to any one or multiple issues. Um,

422
00:42:19,023 --> 00:42:27,003
2, we have Like she, like we stated, it is completely legal within the property

423
00:42:27,064 --> 00:42:34,043
in the current zoning. The next thing is we do understand that there is surrounding

424
00:42:34,043 --> 00:42:39,011
neighborhoods and as you heard here tonight, when there was previous industry at

425
00:42:39,011 --> 00:42:44,074
that property, it was disruptive to the neighbors. Based on the physical location

426
00:42:44,008 --> 00:42:49,039
of the property, I don't think that's ever gonna be something that the entire community

427
00:42:49,039 --> 00:42:54,098
there will ever agree with. And so, the truth is, is, you know, from our position,

428
00:42:55,019 --> 00:43:02,016
this is probably the least intrusive use of the property. In the event that major

429
00:43:02,016 --> 00:43:07,002
industry was to come to the area and want to use that property, we are open-minded

430
00:43:07,002 --> 00:43:12,092
people. We do run a large business ourselves. Putting an RV park is probably the

431
00:43:12,092 --> 00:43:18,001
least intrusive to have to remove if a major industry came and showed serious interest

432
00:43:18,001 --> 00:43:22,007
in the property and wanted to pursue purchasing it. I'm not saying that's what we

433
00:43:22,007 --> 00:43:28,037
want to do. I'm trying to explain that we are doing the least intrusive type of business

434
00:43:28,039 --> 00:43:33,077
at the property with the idea if something major was to come to town, we would also

435
00:43:33,077 --> 00:43:41,053
stand behind and support it. Um, next, as you guys see, just with the mural

436
00:43:41,053 --> 00:43:47,033
itself, you guys do have a push for tourism. Your general plan for the community

437
00:43:47,033 --> 00:43:53,029
is based on that. This property completely supports that. I cannot see why that is

438
00:43:53,029 --> 00:43:59,096
in conflict with anything happening in the town and what's not happening at the property

439
00:44:00,014 --> 00:44:02,045
in its current use for over 3 decades.

440
00:44:04,075 --> 00:44:10,042
This project in no way, shape or form will burden the utilities of the town. It's

441
00:44:10,042 --> 00:44:18,019
completely funded by us without a need for any grants, loans, anything of that type.

442
00:44:18,093 --> 00:44:24,076
The water, the sewer, we will put it in ourselves if the town is unable to support

443
00:44:24,076 --> 00:44:29,052
it. We would like to pursue the conversation with the town, but if that's not an

444
00:44:29,052 --> 00:44:35,005
option, we're perfectly fine doing it ourselves. Without being a burden to the county.

445
00:44:36,099 --> 00:44:44,072
Um, the last thing is, is this will also supply jobs. Not only at this

446
00:44:44,072 --> 00:44:49,083
property, but multiple businesses throughout the town. I've been coming in and out

447
00:44:49,083 --> 00:44:55,023
of this town for 30 years. I've had a home here for 20 years, and every time I come

448
00:44:55,023 --> 00:44:59,091
up here, I get stuck behind RVs and ATVs coming to spend their weekends and their

449
00:44:59,091 --> 00:45:07,055
summers up here. This supports them. If you look at the screen, it's a quick rendering.

450
00:45:08,008 --> 00:45:13,004
This is not part of the cup, but it's part of the project. And our commitment is

451
00:45:13,004 --> 00:45:18,057
that we will not break ground unless we are fully granted the cup because we don't

452
00:45:18,057 --> 00:45:23,091
believe in doing anything halfway. And so we already know that based on the current

453
00:45:24,029 --> 00:45:29,012
use of the property, half of the project can be executed without the cup. We are

454
00:45:29,012 --> 00:45:34,044
not willing to spend this kind of money without this whole thing. This is the sawmill

455
00:45:34,044 --> 00:45:41,099
building rendering. It shows it being remodeled and up to use for a community center,

456
00:45:42,057 --> 00:45:47,002
have a restaurant inside of it that can be used for any events in the community as

457
00:45:47,002 --> 00:45:53,058
long as alcohol is not on the property. It's a family-friendly environment. If you'll

458
00:45:53,058 --> 00:46:00,051
go to the next slide. This just shows you quick examples of the interior of 1st floor

459
00:46:00,051 --> 00:46:07,007
and 2nd floor, approximately 71,000 square feet of usable space, which is by far

460
00:46:07,007 --> 00:46:12,055
larger than anything in the community that exists today, that can be opened and used

461
00:46:12,055 --> 00:46:18,071
for any business, any personal event, any community event, any training for anybody

462
00:46:18,071 --> 00:46:25,071
that needs to use the property. Next slide. The green area specifically addresses

463
00:46:25,071 --> 00:46:33,008
the cup where we are asking to support 200 RV spots and 200 RV storages.

464
00:46:33,091 --> 00:46:41,022
The pink area represents the existing structure and 100 cabin rentals that are

465
00:46:41,022 --> 00:46:43,094
also already approved by the current zoning.

466
00:46:46,014 --> 00:46:52,073
Next slide This is just an aerial of the same property. Next

467
00:46:54,022 --> 00:47:00,022
This shows you that, yes, there are other RV parks in the spot. There are RV parks

468
00:47:00,022 --> 00:47:07,045
that are putting 100 spots on 15 to 20 acres. We're asking to put 200 spots on 80

469
00:47:07,045 --> 00:47:11,095
acres, a completely different animal. We're not trying to jam them in there like

470
00:47:11,095 --> 00:47:16,005
sardines. We're not trying to overpopulate the area. We're trying to make good use

471
00:47:16,005 --> 00:47:20,041
of the land, give people a little bit of space and comfort to come and enjoy their

472
00:47:20,041 --> 00:47:28,001
weekends and spend their money here. Next This shows you The cabins and

473
00:47:28,001 --> 00:47:34,046
how there's it's again sized appropriately, plenty of space between class please.

474
00:47:35,038 --> 00:47:41,023
This is an example of what the cabins would look like. And then the last one, this

475
00:47:41,023 --> 00:47:44,067
just gives you a snapshot of what the inside of the facility would look like when

476
00:47:44,067 --> 00:47:49,088
we're done. We're not standing up here as people who have not done this before. We

477
00:47:49,088 --> 00:47:55,011
own a construction company. If you walk in any of our offices in 4 different states,

478
00:47:55,036 --> 00:47:59,048
that's exactly what the inside of our offices look like. So, I'm not sitting up here

479
00:47:59,048 --> 00:48:04,001
pretending to do something. I'm not asking to do something we've never done before.

480
00:48:04,041 --> 00:48:09,084
We've done this plenty of times. We are very, we live and breathe ourselves in small

481
00:48:09,084 --> 00:48:16,042
town America. We completely understand. The environment, the mentality towards this,

482
00:48:16,084 --> 00:48:23,015
but we also understand that this is a great place with a great future and it doesn't

483
00:48:23,015 --> 00:48:28,044
matter what we say, tourism is what's going to win in this area. There's too many

484
00:48:28,071 --> 00:48:34,064
positives and amenities that are in the immediate area that compliment tourism, um.

485
00:48:35,054 --> 00:48:42,069
Based on industry, if you look at the limits to railroad, easy in and out of not

486
00:48:42,069 --> 00:48:48,053
only just the town, but this property specifically for major industry, this does

487
00:48:48,053 --> 00:48:55,038
not support that. The other issue with this land is when it was in its prime, it

488
00:48:55,038 --> 00:49:01,039
was on the outskirts of town. That is not the case anymore. This property in from,

489
00:49:01,044 --> 00:49:08,009
in terms of industry is too big to do anything small and too small to do anything

490
00:49:08,092 --> 00:49:15,052
big. But in the event somebody came in here and absolutely provided evidence that

491
00:49:15,052 --> 00:49:20,004
there is industry that would work at that property, us along with the city would

492
00:49:20,004 --> 00:49:24,071
be the first people to jump on board with supporting that if they brought more jobs

493
00:49:24,085 --> 00:49:30,027
and better paying jobs than what we're gonna offer. And that's our mentality. So

494
00:49:30,045 --> 00:49:35,002
I appreciate you guys hearing me. If there's any questions, I'll answer them to the

495
00:49:35,002 --> 00:49:39,072
best of my ability. Sir, I got a question. So did, did I understand you right? If,

496
00:49:39,081 --> 00:49:44,043
if this, uh, conditional use permit is not passed, then you will not develop anything

497
00:49:44,049 --> 00:49:49,087
else. I'm gonna do is clean the property and leave it as is, OK. If, if we even clean

498
00:49:49,087 --> 00:49:54,043
it because it is a massive undertaking. It's a lot of money just to clean it. We've

499
00:49:54,043 --> 00:49:58,009
been out there, we closed on it a month ago. We've been out there quite a bit since,

500
00:49:59,024 --> 00:50:02,026
and it is not a small task to clean up what was left out there.

501
00:50:04,063 --> 00:50:10,037
So, uh, uh, if I understood correctly, uh, so the zoning did pass for the cabins

502
00:50:10,083 --> 00:50:15,089
and the, the zoning does not need to be passed for cabins that's already included.

503
00:50:16,035 --> 00:50:22,022
So, so right now it's with some questions, the RV spots, yes sir, OK, just the RV

504
00:50:22,022 --> 00:50:28,099
and the RV storage. So if RVs weren't. Able to do so with the others still go forward

505
00:50:29,001 --> 00:50:34,012
or it's gonna change it? OK. No, because it, it, it, you need both to be able to

506
00:50:34,012 --> 00:50:38,064
support the, the infrastructure build that we would have to come out of pocket to

507
00:50:38,064 --> 00:50:43,082
do, and we cannot do that alone on, on 100 cabins and just the building. And I did

508
00:50:43,082 --> 00:50:48,012
get your invite. I apologize, didn't make it to the, to the, uh, viewing of that

509
00:50:48,012 --> 00:50:55,003
yesterday, but, uh. Thanks for good information. We're, I, I promise you we're business

510
00:50:55,003 --> 00:50:59,009
people. We, my wife and I have owned a construction company for 20 years. We built

511
00:50:59,009 --> 00:51:04,058
the biggest and best things in our entire country NFL stadiums, soccer stadiums,

512
00:51:04,067 --> 00:51:08,094
chip factories, data centers, you name it. We've built it. We understand how that's

513
00:51:08,094 --> 00:51:13,034
not wanted in a small community. That's why we chose this project for this plan.

514
00:51:14,091 --> 00:51:21,006
How long is the construction, do you think from when you start to RV opening from

515
00:51:21,006 --> 00:51:25,076
what we saw, from what we've seen in the last month is a year at minimum of cleanup

516
00:51:26,003 --> 00:51:30,065
and getting the utilities orchestrated to be able to do that. You probably have just

517
00:51:30,067 --> 00:51:35,079
as long to get all of the designs to be. Able to pull permits. I unders I heard earlier

518
00:51:35,079 --> 00:51:39,055
that somebody was concerned about fire hydrants. Of course, that would have to be

519
00:51:39,055 --> 00:51:44,071
in our plan. We can, we cannot pull a permit or move on to the property without every

520
00:51:44,071 --> 00:51:49,076
check, every box being checked. And so that design phase would take 1 year. Construction

521
00:51:49,076 --> 00:51:51,007
at minimum would take 3.

522
00:51:53,085 --> 00:52:00,039
How much is it gonna cost? Anywhere from $15 to $20 million to do the whole thing.

523
00:52:01,029 --> 00:52:05,039
That's why we're not willing to do half if that makes sense. I have a question. Yes,

524
00:52:05,049 --> 00:52:11,014
sir. Did you take the police into account when you, uh, designed this? Explain that

525
00:52:11,014 --> 00:52:16,054
please. Uh, you know, you're talking about bringing about 2 to 400 extra people into

526
00:52:16,054 --> 00:52:23,034
the community. Uh, did you take the policing of that to account? Well, I mean, ultimately,

527
00:52:23,055 --> 00:52:28,071
no, I will tell you no because we have not sat down and had a conversation with anybody.

528
00:52:37,053 --> 00:52:39,018
Any other questions for counsel?

529
00:52:42,049 --> 00:52:45,071
I appreciate you guys hearing this out. Thank you guys so much. Thank you.

530
00:52:54,003 --> 00:52:57,086
Good evening, Mary Council. For those that don't know me, my name is Christy Penrod,

531
00:52:57,088 --> 00:53:02,049
and I serve on the town of Eager Planning and Zoning Commission. Our chairperson,

532
00:53:03,001 --> 00:53:06,081
Commissioner Slade was unavailable this evening, so I was appointed to appear on

533
00:53:06,081 --> 00:53:14,049
behalf of the commission regarding CUP 2026-6 and our decision of the July 2020 July

534
00:53:14,049 --> 00:53:20,084
14, 2026 planning and zoning meeting. In a nutshell, all 6 commissioners were present

535
00:53:20,086 --> 00:53:24,081
for that hearing. After hearing from the applicants, reviewing the information provided

536
00:53:24,081 --> 00:53:29,061
by staff, receiving substantial public comment, and discussing the application, the

537
00:53:29,061 --> 00:53:36,088
commission voted unanimously to deny CUP 20. 26-6. So you have a handout in your

538
00:53:36,088 --> 00:53:41,028
packet that lays out some of the reasoning and the applicable provisions, the town

539
00:53:41,028 --> 00:53:46,052
code and general plan that we utilize to review our decision. Won't read it to you

540
00:53:46,052 --> 00:53:51,015
tonight, but I do want to explain what drove our decision. So first, I wanna clarify,

541
00:53:51,025 --> 00:53:56,072
uh, and I think it already has been, what was and what was not before us. So the

542
00:53:56,072 --> 00:54:02,004
Lunas have a much larger and frankly very exciting vision for the, um, old sawmill

543
00:54:02,004 --> 00:54:09,098
property. But the CMP wasn't um specific or the CMP wasn't, sorry, excuse me,

544
00:54:10,011 --> 00:54:14,066
um, the CMP wasn't for their entire plan, right? So it wasn't for the pretty building.

545
00:54:14,092 --> 00:54:21,011
And for, um, you know, the rest of the recreation for the for the hotel motel style,

546
00:54:21,036 --> 00:54:27,074
uh, tiny homes or cabins, it was for 200 RV storage spaces and 200 RV park spaces.

547
00:54:28,026 --> 00:54:34,001
So the Lunas can proceed with those uses otherwise permitted um without the CUP including

548
00:54:34,001 --> 00:54:39,001
their plans for that building. I, I do want to note that I asked Mr. Luna at the

549
00:54:39,001 --> 00:54:42,085
planning and zoning hearing if he would continue with the other parts of his project

550
00:54:42,085 --> 00:54:49,057
if we denied the CUP and at that meeting, he told me yes. Um, so I wanna say something

551
00:54:49,057 --> 00:54:54,003
personally about the project because I understand the appeal. So before the hearing,

552
00:54:54,032 --> 00:54:58,073
I took the time to personally tour the property with Mr. and Mrs. Luna. I wanted

553
00:54:58,073 --> 00:55:03,004
to do my own research, understand their vision, walk the site, do my due diligence,

554
00:55:03,007 --> 00:55:08,041
and I loved parts of it. It's, it's really cool. It's a very cool plan. I was. Genuinely

555
00:55:08,041 --> 00:55:12,077
excited about someone wanting to invest that much mon um money, time and energy into

556
00:55:12,077 --> 00:55:16,092
Eager. I particularly fell in love with the idea of bringing that old sawmill building

557
00:55:16,092 --> 00:55:22,025
back to life. I think the recreation component is really cool. I understand why people

558
00:55:22,025 --> 00:55:27,009
look at this proposal and getting excited, but basing a decision on that would be

559
00:55:27,009 --> 00:55:32,005
emotional. Our job isn't to decide whether a project is really cool or whether that

560
00:55:32,005 --> 00:55:37,004
um we like the applicant's vision. Our job is to determine that the um whether the

561
00:55:37,004 --> 00:55:42,002
specific conditional use requested is appropriate under our code. So there's been

562
00:55:42,002 --> 00:55:48,008
a lot of discussion about anything um that's allowed in the commercial zoning being

563
00:55:48,008 --> 00:55:52,081
allowed in the industrial, and that's not quite what our code says. So the industrial

564
00:55:52,081 --> 00:55:58,044
code says that the permitted uses in C1 may also be permitted in. I want, however,

565
00:55:58,066 --> 00:56:05,069
RV parks are addressed separately. So, um, under Chapter 18.60, it says that RV parks

566
00:56:05,069 --> 00:56:11,073
may be permitted by conditional use permit, and that's, that's for um commercial

567
00:56:11,073 --> 00:56:17,045
and industrial. So a CUP means that the town has said essentially, this might be

568
00:56:17,045 --> 00:56:21,085
appropriate here under the right circumstances, but we need to look at it individually.

569
00:56:22,018 --> 00:56:26,045
So that's why our town code tells us to consider the purpose of the district, the

570
00:56:26,045 --> 00:56:31,041
general plan, compatibility, infrastructure, circulation, traffic, and most importantly,

571
00:56:31,046 --> 00:56:38,037
health safety and general welfare. Um, industrial land is an extremely limited resource

572
00:56:38,037 --> 00:56:45,097
in Eagre. Our general plan identified approximately 281 acres of industrial, um,

573
00:56:46,063 --> 00:56:53,065
of industrial zone land. That's only about 4% of the town's land base. The general

574
00:56:53,065 --> 00:56:59,057
plan tells us um also why this land category exists and it says to provide locations

575
00:56:59,057 --> 00:57:04,069
for the employment uses that are necessary to support the growth of industrial and

576
00:57:04,069 --> 00:57:10,005
manufacturing needs. We also have to look realistically at what happens if most of

577
00:57:10,005 --> 00:57:15,074
this parcel is committed to 200 RV storage spaces and 200 RV parks. Spaces that's

578
00:57:16,008 --> 00:57:20,035
big, right? That's, that's really big. So once that occurs, the likelihood of this

579
00:57:20,035 --> 00:57:25,095
property returning to any meaningful industrial use becomes very small when you combine

580
00:57:25,095 --> 00:57:31,007
that development with recreation and hospitality uses like the, the revitalation

581
00:57:31,007 --> 00:57:35,046
of the old sawmill. Building we risk fundamentally changing the character of that

582
00:57:35,048 --> 00:57:40,099
area from an industrial employment area to a recreation and tourism corridor and

583
00:57:40,099 --> 00:57:46,049
that's a major long term land use decision. I don't think that a CUP should allow

584
00:57:46,049 --> 00:57:51,028
us to make that transformation accidentally. The commission also considered what

585
00:57:51,028 --> 00:57:55,057
type of economic development the general plan asked us to encourage. There is no

586
00:57:55,061 --> 00:58:00,016
question that this project could be financially successful for the applicants. I

587
00:58:00,016 --> 00:58:04,064
hope that all of their ventures are financially successful, but private economic

588
00:58:04,064 --> 00:58:09,036
success and community economic development aren't necessarily the same thing. An

589
00:58:09,036 --> 00:58:13,082
RV park can certainly bring visitors who purchase fuel, eat at the. Restaurants and

590
00:58:13,082 --> 00:58:18,005
spend money locally that does have value, but we have to compare that with what industrial

591
00:58:18,005 --> 00:58:23,018
land can produce permanent employers, year-round jobs, potentially higher wages,

592
00:58:23,035 --> 00:58:28,004
manufacturing and commercial activity, and a more diversified tax base. The general

593
00:58:28,004 --> 00:58:33,085
plan specifically calls for employment generation uses, diversification of town revenue

594
00:58:33,085 --> 00:58:39,062
streams, and increasing employment and wage levels. There's also an important distinction

595
00:58:39,062 --> 00:58:45,042
with um longer term RV occupancy. My understanding is that once an occupancy exceeds

596
00:58:45,042 --> 00:58:51,024
30 days, the applicable lodging slash bed tax um treatment changes and the town no

597
00:58:51,024 --> 00:58:55,072
longer receives that revenue in the same manner. So we have to ask, what does this

598
00:58:55,072 --> 00:59:01,016
land use contribute to EGR over the next 2030, or 50 years, and is that consistent

599
00:59:01,016 --> 00:59:07,056
with the economic development, um, of our general plan? I also heard some version

600
00:59:07,056 --> 00:59:11,042
of, it's their property, they bought it, they should be able to do what they want

601
00:59:11,042 --> 00:59:17,026
with it. I absolutely respect private property rights. But zoning itself exists because

602
00:59:17,026 --> 00:59:21,009
property rights don't stop at a property line. Every, every property owner in and

603
00:59:21,009 --> 00:59:26,083
around this area also made decisions based upon the known land use framework. So

604
00:59:27,006 --> 00:59:31,046
property owners knew that this property, that the property surrounding it was zoned

605
00:59:31,046 --> 00:59:36,007
industrial. and within an area that um was governed by the towns that adopted land

606
00:59:36,007 --> 00:59:40,067
use designation they knew what kind of uses could occur as a matter of right and

607
00:59:40,067 --> 00:59:46,035
what uses would require additional discretionary approval. That predictability matters.

608
00:59:46,056 --> 00:59:51,078
A neighborhood, um, a neighboring property owner has the right right to rely upon

609
00:59:51,008 --> 00:59:56,056
our zoning and know what could potentially go there. Granting a CUP changes that

610
00:59:56,056 --> 01:00:01,013
known environment. It doesn't mean we can never approve one. That's precisely why

611
01:00:01,013 --> 01:00:05,026
they exist, but it means that we have a duty to consider the effect on all property

612
01:00:05,026 --> 01:00:12,022
owners. So maybe the most importantly, um, we get to um our practical concerns. So

613
01:00:12,022 --> 01:00:16,086
at the time of our review, there remain significant questions regarding water, sewer,

614
01:00:16,099 --> 01:00:22,089
traffic. Patterns, um, ingress and egress and secondary access. Staff identified

615
01:00:22,089 --> 01:00:27,041
potential water concerns, the need for a sewer extension potentially, and an undetermined

616
01:00:27,041 --> 01:00:33,053
exit towards Main Street and, um, school bus route that required further review.

617
01:00:34,006 --> 01:00:37,097
The applicant's own materials indicated that water testing was still underway and

618
01:00:37,097 --> 01:00:45,042
sewer capacity was still being. Evaluated a proposal involving 200 RV

619
01:00:45,079 --> 01:00:49,062
spaces, those aren't minor details. Our code doesn't tell planning and zoning to

620
01:00:49,062 --> 01:00:53,057
ignore those questions and assume they'll be figured out later. The purpose of it

621
01:00:53,006 --> 01:00:59,018
of the CUP process is to um protect the health, safety, convenience, and general

622
01:00:59,018 --> 01:01:05,003
welfare of the community and adjacent properties. Um, at our, at our hearing, we

623
01:01:05,003 --> 01:01:10,061
also received substantial public comment, and most residents who spoke expressed

624
01:01:10,061 --> 01:01:15,013
concerns with the project. Public opposition alone is not a reason to deny a CUP

625
01:01:15,039 --> 01:01:19,046
and, and we didn't treat it that way, but listening to residents is part of the process.

626
01:01:19,079 --> 01:01:26,069
Their, uh, comments helped us identify concerns that we had, um, and then a, um,

627
01:01:27,044 --> 01:01:32,051
discussion and evaluation of those comments. I take this appointment very seriously

628
01:01:32,053 --> 01:01:37,016
and I know the commissioners do it as well. Town council selects and appoints us

629
01:01:37,016 --> 01:01:41,092
to planning and zoning, and you ask us to study these applications, learn the code

630
01:01:41,092 --> 01:01:46,002
and general plan, listen to the applicants and residents. Visit sites when appropriate,

631
01:01:46,033 --> 01:01:50,076
ask difficult questions, and make recommendations that protect the long-term res

632
01:01:50,086 --> 01:01:55,007
um residents and interests of Eager. Sometimes that means saying no to a project

633
01:01:55,007 --> 01:02:00,004
that we personally like. Council absolutely has the authority and responsibility

634
01:02:00,004 --> 01:02:04,003
to make its own decision tonight, and I respect that. But I would ask that you give

635
01:02:04,003 --> 01:02:09,007
meaningful weight to the work that the commission you appointed um did that we've

636
01:02:09,007 --> 01:02:14,059
already done. 6 commissioners were present, 6 of us heard the evidence, um, and 6

637
01:02:14,059 --> 01:02:20,033
of us heard the public. And 6 commission commissioners independently concluded that

638
01:02:20,033 --> 01:02:25,025
this CUP should not be approved. Overturning a unanimous decision certainly isn't

639
01:02:25,025 --> 01:02:29,033
something the council is prohibited from doing, but we believe it should require

640
01:02:29,033 --> 01:02:34,004
confidence that the commission materially got its application. Of the code general

641
01:02:34,004 --> 01:02:39,018
plan or facts wrong and it's not simply a different level of enthusiasm for the project,

642
01:02:39,045 --> 01:02:44,068
otherwise we risk diminishing the role of the of the very citizen commission the

643
01:02:44,068 --> 01:02:52,039
town elected to conduct this detailed plan review. Thank you. Any questions for

644
01:02:52,039 --> 01:02:52,086
her?

645
01:02:55,008 --> 01:02:59,088
Yes, I have one. Yes, and you did mention that the tax base thing stops after 30

646
01:02:59,088 --> 01:03:04,063
days. Yes, so it's my understanding through the finance department that once, um,

647
01:03:04,077 --> 01:03:10,096
residency or occupation hits 30 days, the bed tax is no longer applicable. OK, can

648
01:03:10,096 --> 01:03:17,093
you come on up please. Yes, the short-term rentals apply for um stays less than 3.

649
01:03:18,048 --> 01:03:20,084
And there is a higher tax on those.

650
01:03:23,017 --> 01:03:28,001
Was was the zoning of this before he purchased it this information you're talking

651
01:03:28,001 --> 01:03:34,064
about, he, he would, he knew that this was possible, um, so according to the zone

652
01:03:35,004 --> 01:03:40,077
that this is a industrial one and it, it has been for a long time. OK.

653
01:03:44,021 --> 01:03:44,004
Thank you.

654
01:03:47,056 --> 01:03:47,061
Yeah

655
01:03:53,068 --> 01:03:59,045
Members of the council, I'm Kate Wilkins, born and raised in Eager. Um, in fact,

656
01:03:59,055 --> 01:04:03,051
I was born here. We go to the hospital, so I was born in my parents' house in Eager.

657
01:04:04,039 --> 01:04:08,074
Um, I'm probably maybe the only person in this room that remembers the operation

658
01:04:08,074 --> 01:04:14,008
of that sawmill. My father-in-law worked there for many years, um, and And it, I

659
01:04:14,008 --> 01:04:20,004
have to turn my head every time I go past that. It is what, it was a productive part

660
01:04:20,004 --> 01:04:26,068
of this community and it's been allowed to be nothing. And you're presented with

661
01:04:26,068 --> 01:04:32,039
a project which would add value to the town, which would bring in money to the town,

662
01:04:32,073 --> 01:04:38,016
and there are And there's an argument made that it should be safe for industrial.

663
01:04:38,053 --> 01:04:43,026
Come on, it's been sitting there for how long being eligible for industrial? That

664
01:04:43,029 --> 01:04:49,043
to me does not put money in the town's pocket. It does not provide jobs. It provides

665
01:04:49,074 --> 01:04:55,069
eyesore, a dangerous place for kids to get together. It is simply a wonderful thing

666
01:04:55,069 --> 01:05:00,065
that the Lucases are offering to develop something with ease of property, which is

667
01:05:00,065 --> 01:05:08,023
a problem now, which can be an asset to the town. Um, the whole idea of a, of a limited

668
01:05:08,023 --> 01:05:14,018
industrial, uh, needs in this town, it was so needed, it would have been used. You

669
01:05:14,018 --> 01:05:20,052
have the opportunity to have land put in use. People employed by that. I simply do

670
01:05:20,052 --> 01:05:28,002
not understand. If there are um, legitimate concerns that the town has about the

671
01:05:28,002 --> 01:05:34,004
specifics of this, um, portion of the plan, and I, and I understand the owner is

672
01:05:34,004 --> 01:05:40,002
saying in order to make it make money like he feels is necessary, he needs a whole

673
01:05:40,002 --> 01:05:45,094
project. Why would the town turn that down? If there's some specific issues, my guess

674
01:05:45,094 --> 01:05:52,005
is that he would work with the town. I've been an attorney for 50 years and I can

675
01:05:52,007 --> 01:05:57,069
tell you that, and I, when I, when I lived in, and worked in Mason Gilbert, Those

676
01:05:57,069 --> 01:06:03,017
all things all worked out, those sorts of issues, those issues could be worked out,

677
01:06:03,038 --> 01:06:09,069
um, I'm absolutely certain. Uh, so I just urge you to think about the benefit to

678
01:06:09,069 --> 01:06:15,047
your town of this development, the whole development, and I hate to just continue

679
01:06:15,062 --> 01:06:20,058
riding up that road and looking at that mess. Think about what could be there.

680
01:06:32,014 --> 01:06:38,001
So, I'm Brandy Snyder and um as I look at some people on the town council, town council

681
01:06:38,001 --> 01:06:42,016
and mayor, we have served together years ago on planning and zoning. I have a history

682
01:06:42,022 --> 01:06:47,056
of serving on the Planning and zoning commission. Years ago I was here and so I appreciate

683
01:06:47,075 --> 01:06:54,006
the effort that Planning and Zillion has come here to say this is what we voted on

684
01:06:54,031 --> 01:07:00,001
and I acknowledge that you guys are in kind of a position here of trying to determine

685
01:07:00,001 --> 01:07:06,092
what's best for the town. But here's a copy of the general plan. And, you know, back

686
01:07:06,092 --> 01:07:11,077
then, I was actually on the advisory committee putting this together. And the reality

687
01:07:11,077 --> 01:07:17,045
is, this was adopted in 2014. This is 12 years old. And do you think our time has

688
01:07:17,045 --> 01:07:23,017
changed a little bit since then? The page one of the introduction of Jeffrey Penn

689
01:07:23,026 --> 01:07:28,057
says it's a guide, so we need to think of it as a guide. This is not the Bible of

690
01:07:28,057 --> 01:07:33,034
how we will choose things and do things in eager, in my opinion. And I think the

691
01:07:33,034 --> 01:07:39,025
idea of free enterprise for a man that owns this property, that's willing to go ahead

692
01:07:39,063 --> 01:07:45,022
and do a, a tremendous improvement and redevelopment of an abandoned sawmill might

693
01:07:45,022 --> 01:07:51,006
be worth the consideration to allow something that doesn't quite align with the general

694
01:07:51,006 --> 01:07:56,041
plan because it's not purely industrial. but there's still 44 acres on there that

695
01:07:56,041 --> 01:08:01,052
could be used. The old biomass plant is still there. That could be used. I mean,

696
01:08:01,086 --> 01:08:08,033
the water, uh, tank, that's all going to be available 44 more acres. Plus remember

697
01:08:08,033 --> 01:08:14,091
that we have industrial zone property out by the landfill where the uh There's a,

698
01:08:15,004 --> 01:08:19,049
like a slaughterhouse there and some other things that was in this general plan that

699
01:08:19,049 --> 01:08:24,095
it actually said 1200 more acres were added to the industrial zone in the west part

700
01:08:24,095 --> 01:08:30,097
of town. So I'm not exactly sure the outline of that. But I would like to I can note

701
01:08:30,097 --> 01:08:37,049
that in your packet, there's an email from uh Jordan Hall and Steve Hall, who were

702
01:08:37,049 --> 01:08:42,021
the owners, Western Renewable Energy, who had the biomass plant that did burn up

703
01:08:42,021 --> 01:08:46,081
the boiler for whatever reason that all happened, I don't know. But, you know, he's

704
01:08:46,081 --> 01:08:53,052
basically After many years, I'll be part of this. Over the past 20 or so years, we've

705
01:08:53,052 --> 01:08:58,052
had numerous interested parties that did not pan out for many reasons. One of the

706
01:08:58,052 --> 01:09:02,048
main reasons was the lack of transportation for the goods that may have been produced

707
01:09:02,048 --> 01:09:07,000
in forest fires affecting the forest Woodstock with the restricting laws created

708
01:09:07,000 --> 01:09:11,072
by federal and state governments thereafter. They basically are saying, we urge you

709
01:09:11,072 --> 01:09:16,035
to accept their conditional use permit because recreation and tourism businesses

710
01:09:16,053 --> 01:09:22,002
make good sense for Er's future. And then another thing in your packet, I'll remind

711
01:09:22,002 --> 01:09:27,033
you just, just public here that they don't have is a letter about how much water

712
01:09:28,003 --> 01:09:34,077
does industrial Sandy grove plants take, biomass power plants take, industrial steel

713
01:09:34,077 --> 01:09:39,074
plants take. This is from a local well driller here that may speak tonight, maybe

714
01:09:39,074 --> 01:09:47,052
not, but Basically, industry takes water. A 200 space

715
01:09:47,052 --> 01:09:55,034
RV uh park would take one well of 41 gallons per minute. And he's got

716
01:09:55,036 --> 01:09:59,063
3 wells on that property. They're being tested. They're, they're not perfect, but

717
01:09:59,063 --> 01:10:04,087
I would like to just recommend that you look at it from the bigger picture and uh

718
01:10:04,087 --> 01:10:10,019
give Lucas Luna and Candace Luna a chance to bring something to Er that probably

719
01:10:10,019 --> 01:10:15,003
has never been offered before. And it, to me it would be a great improvement, of

720
01:10:15,003 --> 01:10:22,036
course, um, but I think that, uh, uh, That's, I guess, how I'd end this conversation.

721
01:10:22,042 --> 01:10:27,072
I don't have anything prepared except for what I know is in the packet. So, um, if

722
01:10:27,072 --> 01:10:31,072
you have any questions. So I appreciate your time. Thank you.

723
01:10:48,065 --> 01:10:54,047
Hi, my name is Deborah Seling. Um, the concerns that I have with this, um, I'm against

724
01:10:54,049 --> 01:11:00,002
it. I'll be forth and straight with you there. Um, number one, I mean, we have wells

725
01:11:00,002 --> 01:11:05,096
on there during the planning and zoning meeting, I believe, if I'm not right, somebody

726
01:11:06,001 --> 01:11:12,097
correct me, that one possibly had arsenic in it. The, yeah, you might have 3 wheels

727
01:11:12,097 --> 01:11:20,097
and it might be able to accommodate 200 RV parks slash 100 or so cabins

728
01:11:20,097 --> 01:11:26,005
and this and that. That's fine and dandy, but what you really need to look at is

729
01:11:26,005 --> 01:11:33,008
our aquifer. That's going to be deplete and yes, I do know that, um, you know, an

730
01:11:33,008 --> 01:11:40,006
industrial park will deplete some too. But it's gonna deplete our aquifer.

731
01:11:41,003 --> 01:11:48,041
We're already, you know, pretty much need a new sewer system per se, um. With

732
01:11:48,041 --> 01:11:54,067
our, our fields and stuff out towards Springerville, we're gonna have to eventually

733
01:11:55,008 --> 01:11:59,073
come up with whatever those plants are sewer plant things, what, what's it called

734
01:12:00,054 --> 01:12:07,004
care treatment plant. And then you also need to look at, I mean, we're already this

735
01:12:07,004 --> 01:12:14,056
summer, we already had to cut back on some of our water. This town

736
01:12:14,056 --> 01:12:22,051
cannot outgrow itself, period. Or we're all gonna suffer. Yes, he has

737
01:12:22,051 --> 01:12:26,078
a, he has a great thing. I would love to see it cleaned up and this and that, but

738
01:12:26,078 --> 01:12:33,026
I'd also love to, to see something go in there that is going to supply more workers

739
01:12:33,026 --> 01:12:40,082
for us. And then the other thing that bothers me is so water,

740
01:12:41,001 --> 01:12:47,044
sewer. The other thing that bothers me is we have several other small slash

741
01:12:47,044 --> 01:12:55,008
semi-small RV parks around town. You guys need to take them into consideration too.

742
01:12:55,098 --> 01:13:03,025
They've been here for years. They try their best. And stuff, so it's just like

743
01:13:03,025 --> 01:13:07,008
offering a commer uh, you know, a big

744
01:13:09,026 --> 01:13:13,093
Oh, what about Kmart or Walmart or something to come in here and wipe out all the

745
01:13:13,093 --> 01:13:20,041
little guys? That's not fair either. And so you need to take some of that into consideration.

746
01:13:21,002 --> 01:13:27,034
My most concern is the sewer, the water, and then nobody has discussed where the

747
01:13:27,034 --> 01:13:34,091
runoff. Of all that Um, it's gonna come from the runoff

748
01:13:34,091 --> 01:13:40,071
from the paved roads, the runoff from, you know, rain and all this other stuff. What

749
01:13:40,071 --> 01:13:46,019
I had heard and been told, and somebody can correct me if I'm wrong, that they were

750
01:13:46,019 --> 01:13:53,011
going to run that into the adjacent property. Well, that's not right either. Cause

751
01:13:53,011 --> 01:13:59,017
where is your water, your, your runoff infrastructure and all these other kinds of

752
01:13:59,017 --> 01:14:06,021
stuff. I mean, yeah, they have a good idea, but A lot of things are left

753
01:14:06,021 --> 01:14:12,062
unanswered, untold. And all this other, you can't tell me that we're gonna buy a

754
01:14:12,062 --> 01:14:19,009
big piece of property and have no idea what I might do. whew. I have this all

755
01:14:19,009 --> 01:14:25,005
outlined. Well, I'm gonna have thoughts and stuff if I'm gonna spend that much money,

756
01:14:25,059 --> 01:14:30,072
what I'm gonna do with this property over here. So what's that gonna open up to?

757
01:14:31,048 --> 01:14:36,087
You guys all need to think about that, and I think that's all the complaints I have,

758
01:14:36,093 --> 01:14:44,011
but I am totally against this, um, and for our community we can only grow so big.

759
01:14:45,019 --> 01:14:46,025
Period. Thank you.

760
01:14:55,049 --> 01:15:03,024
Well, welcome Community service, um, mayor of council, thank

761
01:15:03,024 --> 01:15:10,075
you for putting this, listening to all of us, um. I'm Deanna Davis, Eager Properties,

762
01:15:11,024 --> 01:15:19,012
uh, Springerville Business. Um, It sounds awesome. Pretty pine sky,

763
01:15:19,021 --> 01:15:27,007
yeah, that looks like Vegas. Up on the top. Um, as a business person, I run a

764
01:15:27,007 --> 01:15:34,094
lot of data. And before I start a second store or um plan to add onto

765
01:15:34,094 --> 01:15:42,071
my store, I run a lot of data. I find no data that would support this area

766
01:15:43,055 --> 01:15:50,005
supporting 200 additional RV spots, 100 cabins, 200 storage units. And we've got

767
01:15:50,005 --> 01:15:53,012
100 possible down the street here for Jeff.

768
01:15:55,014 --> 01:15:56,051
What else could there be?

769
01:15:59,063 --> 01:16:04,001
What else could there be? Is it to house all of your employees you're gonna bring

770
01:16:04,003 --> 01:16:07,021
in so you can do data center projects all over Apache County?

771
01:16:09,073 --> 01:16:12,019
You never know You never know.

772
01:16:14,079 --> 01:16:22,001
But no tourism is going to be here. 200 some odd RV spots and 100 cabins.

773
01:16:22,099 --> 01:16:26,086
Unless you're just gonna market off things that are gonna be built here. And we're

774
01:16:26,086 --> 01:16:31,008
all trying to stop, wind, wind farms. All those people are gonna come in and want,

775
01:16:31,091 --> 01:16:37,001
want to live somewhere. We got a spot now. Screw all the little guys that have been

776
01:16:37,001 --> 01:16:43,088
here forever. Jeff down the street, we got this for you. And every one of those,

777
01:16:44,035 --> 01:16:52,007
every one of those pictures showed what? A rig and an RV and they TV. What's

778
01:16:52,007 --> 01:16:59,081
it like going down Water Canyon? In this summer, of every stadium, ATV in this

779
01:16:59,081 --> 01:17:07,031
community. The dust goes all the way to my dad that's on, on flat top. It

780
01:17:07,031 --> 01:17:13,007
carries everywhere. It's horrific. I dust the house.

781
01:17:16,008 --> 01:17:23,064
So do I. It's terrible, the clouds that fly. Now you're gonna talk about how

782
01:17:23,064 --> 01:17:30,023
many, we have a fire. How are we gonna get everybody on Flattop out, 400 some odd

783
01:17:30,023 --> 01:17:34,008
rigs and people on one entrance and one road in and out.

784
01:17:36,039 --> 01:17:41,033
In my understanding, a project cannot make the town have to change its roadways and

785
01:17:41,033 --> 01:17:42,033
infrastructure, right?

786
01:17:44,093 --> 01:17:50,092
So there's never gonna be a thoroughfare coming school bus straight up to Juniper.

787
01:17:51,065 --> 01:17:57,069
It's never gonna happen But it needs to happen. It already needs to happen. Because

788
01:17:57,071 --> 01:18:03,001
they wanna go straight up, straight up uh Main Street and go right into there from

789
01:18:03,001 --> 01:18:11,000
there. My other house is on a school bus. Traffic's horrific. Now imagine 400 some

790
01:18:11,000 --> 01:18:17,095
rigs in their ATVs hauling up and down. A peaceful mountain that's gone, but There

791
01:18:17,095 --> 01:18:24,092
has to be more to this. I don't know what it is. Oh But it's there

792
01:18:28,024 --> 01:18:29,003
Thank you for your time.

793
01:18:35,078 --> 01:18:43,073
Hi, my name is Tim Smith. Uh, I lived in Eager 22 years. I'm a disabled veteran.

794
01:18:43,009 --> 01:18:50,089
I live off the government. And it ain't a very good living. But, uh, the point with

795
01:18:50,089 --> 01:18:56,057
that is, is I can't afford to move. But I live at Water Canyon Road and 9th Street.

796
01:18:58,037 --> 01:19:04,043
I'm retired. I'm an old man, as you can see. I sit around there all summer with my

797
01:19:04,043 --> 01:19:10,068
windows and doors open. I listened to the traffic on Water Canyon Road every day,

798
01:19:10,079 --> 01:19:18,001
every night. We got the city trucks. One of your drivers of the big dump truck likes,

799
01:19:18,012 --> 01:19:22,083
is real fond of using a jake brake, which is not necessary when you're only going

800
01:19:22,083 --> 01:19:27,039
25 miles an hour anyway, but I think he likes the sound of it because he seems to

801
01:19:27,039 --> 01:19:33,003
use it every time he comes up to the, to the stop sign there on school bus. But we

802
01:19:33,003 --> 01:19:39,027
got all, every, everybody knows Water Canyon Road is the gateway to the forest. OK,

803
01:19:39,088 --> 01:19:45,018
we all know that. I hear the ATVs, the dirt bikes all day. I hear all the traffic,

804
01:19:45,052 --> 01:19:51,083
all the other people that go out there. I'm not against RVs. I own one myself and

805
01:19:51,083 --> 01:19:56,007
I love the woods. I ride my side by side out there just like everybody else does.

806
01:19:57,052 --> 01:20:04,019
But Water Canyon Road cannot support the traffic that you're talking about.

807
01:20:05,087 --> 01:20:11,066
That area, and if any of you know, uh, in the summertime, like on a big weekend,

808
01:20:11,075 --> 01:20:17,093
which we got one coming up. You can't go into Safeway or Bash's and find a loaf of

809
01:20:17,093 --> 01:20:24,012
bread, a pack of hot dog buns. The deli is cleaned out. Everything is cleaned out.

810
01:20:24,062 --> 01:20:29,064
Now can you imagine adding a couple of 100 RVs and 100 people living in cabins all

811
01:20:29,064 --> 01:20:34,041
coming up here, so they're always, they're not gonna be permanent residents are always

812
01:20:34,041 --> 01:20:39,009
gonna be coming in. They're always gonna be going out all day, all summer long, middle

813
01:20:39,009 --> 01:20:46,009
of January, probably won't be so bad, but, uh. Right now, I mean, I don't know about

814
01:20:46,009 --> 01:20:51,052
all the water, the sewer, the infrastructure, that's way above my pay grade. But

815
01:20:51,052 --> 01:20:58,006
I'm telling you, school bus road, Water Canyon Road, Main Street. Cannot handle all

816
01:20:58,006 --> 01:21:05,035
that traffic. And personally, I, I'm at the end of my life. I'm, like I said, I'm

817
01:21:05,035 --> 01:21:10,031
an old man. I plan on retiring. I plan on living in that house till the day I die.

818
01:21:11,049 --> 01:21:18,091
But I moved here for the peace and the quiet and the beauty. I didn't move

819
01:21:18,091 --> 01:21:25,048
here because this was a tourist trap for a Uh, a destination for everybody and their

820
01:21:25,048 --> 01:21:30,056
brother to come and camp out and do all that stuff. I've been here a long time, not

821
01:21:30,056 --> 01:21:37,053
as long as most of y'all, but, uh, Wow. Please, please don't do this.

822
01:21:45,097 --> 01:21:50,008
I've lived here all my life pretty much. And I can remember when there was 100 loads

823
01:21:50,008 --> 01:21:58,008
a day coming to that place. Yes sir. I, all I know about mobile or

824
01:21:58,008 --> 01:22:05,085
RVs is probably is the equivalent to one bedroom. So 4

825
01:22:05,085 --> 01:22:13,055
RVs might be equivalent to a house. So 200 divided by 4. What's that 50

826
01:22:13,055 --> 01:22:19,055
homes? We're gonna run out of water with 50 homes around. I don't think the realtors

827
01:22:19,055 --> 01:22:24,059
wanna hear that. I don't think the town wants to hear that. I don't think we're gonna

828
01:22:24,059 --> 01:22:29,014
run out of water with 50 homes and plus they're gonna be too busy turning up dust.

829
01:22:30,024 --> 01:22:37,001
So they're not gonna be living in an RV like everybody lives in a home. RVs don't,

830
01:22:37,027 --> 01:22:44,017
aren't gonna use that much water. So I don't think there's a water issue. And

831
01:22:45,004 --> 01:22:52,023
I think 2015 to $20 million invested in your community and the taxes that you're

832
01:22:52,023 --> 01:22:58,059
gonna revenue off of it. And it's not gonna be a junkyard or

833
01:23:00,088 --> 01:23:08,081
The scrap iron pile. And I hate to see industry go, go toward tourism all

834
01:23:08,081 --> 01:23:16,024
the, I mean, I've been industrial all my life. And, but None of the

835
01:23:16,024 --> 01:23:22,005
industries wanted to buy, buy it, or they would have bought it. It's just not it.

836
01:23:22,015 --> 01:23:27,026
We don't have it anymore. I wish we did. But

837
01:23:30,002 --> 01:23:32,097
Mhm. I think it did good thing for the community.

838
01:23:45,002 --> 01:23:50,099
Hello, my name is Rochelle Lester and I am an E-year resident. My husband is Jeff

839
01:23:50,099 --> 01:23:55,048
Lester and a lifelong resident as well, and we are the owners that were approved

840
01:23:55,048 --> 01:24:01,035
down on Main with the CUP to proceed with the RV park and business plan on Main.

841
01:24:02,003 --> 01:24:07,017
Um, as most are aware, it sits in a flood plain in an undeveloped field, and even

842
01:24:07,017 --> 01:24:11,025
though it's zoned commercial, the property needed to be moved up and out of the flood

843
01:24:11,025 --> 01:24:16,037
plain and have the water engineered to be redirected appropriately and has never

844
01:24:16,037 --> 01:24:21,053
before contained basic water lines, electricity, fire hydrants, etc. Um, Mr. Luna

845
01:24:21,053 --> 01:24:26,027
had stated in the planning and zoning meeting. That his project will need to be built

846
01:24:26,027 --> 01:24:31,015
in phases, uh, because of his millions. However, I don't think that that should discredit

847
01:24:31,015 --> 01:24:37,007
our project that has been in constant motion from week one that is visible and also

848
01:24:37,007 --> 01:24:42,001
much behind the scenes with engineers now Apache and the city to maintain our CUP.

849
01:24:42,084 --> 01:24:47,099
To then potentially have um an approved copy and paste project that mimics the plan

850
01:24:47,099 --> 01:24:55,005
in full uh for a venue, RV spaces, storage, commercial spots, restaurants, and cabin

851
01:24:55,005 --> 01:25:01,021
rentals would be detrimental for our progress thus far. Although I mentioned all

852
01:25:01,021 --> 01:25:06,091
aspects presented in Luna's project, we are a family grounded in business and growth

853
01:25:07,018 --> 01:25:12,069
for Eager. Uh, we do not oppose the project in its entirety, and as I stated in the

854
01:25:12,069 --> 01:25:17,009
last meeting, the business plan for the sawmill itself is promising. Uh, and we're

855
01:25:17,009 --> 01:25:23,002
open to even the reality of the competition with the cabin rentals business space

856
01:25:23,002 --> 01:25:29,066
or venue and convention center. Um, we currently are only here to speak against the

857
01:25:29,066 --> 01:25:37,045
approval for another RV park CUP. There are currently 12 to 19 RV parks in the Round

858
01:25:37,045 --> 01:25:41,098
Valley area and if you're counting the smaller ones who also rely on the income and

859
01:25:41,098 --> 01:25:46,062
came to that meeting, uh, spoke at planning and zoning to voice their opposition

860
01:25:47,005 --> 01:25:51,078
for another one to be approved after speaking with the larger. RV park owners in

861
01:25:51,078 --> 01:25:56,006
preparation for that meeting we were able to obtain that the number of seasonal RV

862
01:25:56,006 --> 01:26:02,091
renters are just around 30 to 35% of the business on average and these spaces are

863
01:26:03,015 --> 01:26:10,058
never maxed out in full um as it stands currently. Uh, even personally, we were granted

864
01:26:10,058 --> 01:26:16,011
100 spaces to go forward and our plan is simply to start with 60 and then reevaluate

865
01:26:16,011 --> 01:26:21,066
and go from there depending on what is happening with the town. To be asking for

866
01:26:21,066 --> 01:26:28,003
200 RV spaces still remains very excessive. The city of Sholo recently approved an

867
01:26:28,003 --> 01:26:34,058
RV park with 150 spaces on a 20 acre lot. A city with 40,000 residents, including

868
01:26:34,058 --> 01:26:40,094
seasonal vacation home renters, has approved at max 152 spots. Why would a city in

869
01:26:40,094 --> 01:26:47,034
our size between 400 and 4500 residents approve 200 spaces, which would be the largest

870
01:26:47,034 --> 01:26:53,053
hookup location on the mountain? Um, while disregarding the actual long-term residents

871
01:26:53,067 --> 01:26:58,066
who are currently running their RV businesses here in the Round Valley area, you

872
01:26:58,066 --> 01:27:03,007
would be approving a Walmart of sort of RV parks to come in and possibly shut down

873
01:27:03,007 --> 01:27:08,042
the small businesses that maintain their livelihood here. We simply do not have the

874
01:27:08,042 --> 01:27:13,014
residents, seasonal residents and population to sustain an RV park with this capacity

875
01:27:13,014 --> 01:27:17,059
while protecting the conditional use permits that have already been approved by the

876
01:27:17,059 --> 01:27:24,006
city council or planning zoning. Mr. Luna has gone back and forth on whether or not

877
01:27:24,006 --> 01:27:29,048
he will. Proceed with the other parts. I've heard him go back and forth on the statement

878
01:27:29,058 --> 01:27:34,036
again tonight that changed from the last planning and zoning meeting. I feel as though

879
01:27:34,038 --> 01:27:39,033
he's saying this to sway decisions. That's my opinion just from hearing it switch

880
01:27:39,033 --> 01:27:45,033
back and forth. Um, I will end with just a clear statement that we do support growth

881
01:27:45,033 --> 01:27:48,097
and business in Eager. We really want nothing more than for the local businesses

882
01:27:48,097 --> 01:27:54,099
to succeed. Our planning and zoning heard the project presented in full, heard from

883
01:27:54,099 --> 01:28:00,067
board members and several community members, ending with unanimous nay on the CUP

884
01:28:00,067 --> 01:28:05,079
portion of the project, and I sincerely hope this new city council with a few moments

885
01:28:05,079 --> 01:28:11,094
that you've been with us today, uh, that you can, um, consider that unanimous decision,

886
01:28:12,024 --> 01:28:15,024
uh, to decline the CUP at this time. Thank you.

887
01:28:27,054 --> 01:28:27,055
Mhm

888
01:28:30,093 --> 01:28:35,048
My name is Tricia Sparza, and I'm a resident of Springerville. First, I would like

889
01:28:35,048 --> 01:28:39,008
to say congratulations to all of our new council members. I know you're eager to

890
01:28:39,008 --> 01:28:45,018
bring economic growth to Eager, and the town supports that. But tonight's vote is

891
01:28:45,018 --> 01:28:49,053
not on whether we want development. It's about whether we follow the process that

892
01:28:49,053 --> 01:28:54,022
the town has already put in place. The Planning and Zoning Commission did its job.

893
01:28:54,098 --> 01:28:58,061
They followed the code, they held a public hearing, and they found that the application

894
01:28:58,061 --> 01:29:04,069
was incomplete and did not meet the public's or the town standards. Your job tonight

895
01:29:04,069 --> 01:29:09,097
is to not overrule them because of a promise of what could happen, but honestly to

896
01:29:09,097 --> 01:29:14,057
uphold the process that has already been lined out for you. We've heard a lot about

897
01:29:14,057 --> 01:29:21,075
a $20 million investment. That's wonderful. But a promise is not enforceable, as

898
01:29:21,075 --> 01:29:27,027
was stated when he was up here. A conditional abuse permit is, once this permit is

899
01:29:27,027 --> 01:29:32,036
granted, it's legally binding. The question is, what are you binding the town to?

900
01:29:33,042 --> 01:29:38,007
The application for an RV park, but the site shows 100 cabins that the applicant

901
01:29:38,007 --> 01:29:45,025
claimed needed no cup required. The town attorney said that it did. That is still

902
01:29:45,027 --> 01:29:50,094
unresolved. We cannot approve a cup for a plan that is legally questionable and mathematically

903
01:29:50,094 --> 01:29:57,066
impossible. The projected space asked for in the cup for 200 RV spaces is 4 times

904
01:29:57,066 --> 01:30:01,007
larger than the allotted space that they gave for the 100 cabins.

905
01:30:03,024 --> 01:30:07,031
And I want to address the sense of urgency that surrounds this appeal. We are here

906
01:30:07,031 --> 01:30:12,031
tonight with 3 new council members and a promise of a $20 million investment, which

907
01:30:12,031 --> 01:30:18,021
sounds amazing. You are being asked to make a major decision for a major project

908
01:30:18,021 --> 01:30:23,025
on a major piece of industrial land in a very short amount of time. That is now changed

909
01:30:23,025 --> 01:30:25,094
that if you don't approve it, They're not gonna build it.

910
01:30:28,026 --> 01:30:33,001
I believe this urgency is intentional. It's a tactic to prevent you from doing your

911
01:30:33,001 --> 01:30:37,093
due diligence. The applicant's own plans are incomplete. The town's own attorney

912
01:30:37,093 --> 01:30:43,032
has flagged major unresolved issues with water and sewer. The math on the site plan

913
01:30:43,037 --> 01:30:48,067
doesn't even work. This brings me to the most fundamental problem. The application

914
01:30:48,067 --> 01:30:53,019
is incomplete. Planning and zoning commission denied it for a reason, remanding that

915
01:30:53,019 --> 01:30:58,057
back to them won't fix it. The applicant has had every opportunity to provide a complete,

916
01:30:58,075 --> 01:31:03,047
engineered, and viable plan, and they have failed to do so. They came to you with

917
01:31:03,047 --> 01:31:09,029
a flawed concept, not a finished application. The town's job is not to do their homework

918
01:31:09,029 --> 01:31:15,021
for them. Approving or remanding an incomplete application rewards lazy and inadequate

919
01:31:15,021 --> 01:31:20,053
planning. You are here to approve, to approve the proposed plans and not potential

920
01:31:20,053 --> 01:31:25,071
plans. And this brings me to one of my final points. This is no longer just about

921
01:31:25,071 --> 01:31:30,086
zoning codes or site plans. This is about integrity. The applicant's own words and

922
01:31:30,088 --> 01:31:36,008
actions have demonstrated a pattern of misleading this town and its officials. First,

923
01:31:36,002 --> 01:31:40,082
they told the town that they needed CUP approval to be able to purchase the land.

924
01:31:41,076 --> 01:31:45,061
When questioned about this at the last meeting, they changed their story and said

925
01:31:45,061 --> 01:31:47,024
that they were buying it no matter what.

926
01:31:49,054 --> 01:31:54,008
And tonight they said that they're not gonna start anything else unless this is approved.

927
01:31:54,094 --> 01:31:59,054
The plans don't line up with actual square footage. Any concerns that were responded

928
01:31:59,056 --> 01:32:02,091
to were just with promises that they would make it work and it wouldn't be the town's

929
01:32:02,091 --> 01:32:07,087
problem, which seemed to also be the case with communications between the town. They

930
01:32:07,087 --> 01:32:11,079
kept repeatedly saying that by right, they could build what they basically wanted.

931
01:32:13,042 --> 01:32:17,056
After the verdict was handed down at the last meeting, the applicant was so upset

932
01:32:17,066 --> 01:32:22,019
that there was an argument in the parking lot. This is not how a good faith developer

933
01:32:22,019 --> 01:32:26,075
behaves. This is the behavior of someone, I believe, who believes they're entitled

934
01:32:26,075 --> 01:32:31,091
to approval or who may result to intimidation when they don't get their way. As I

935
01:32:31,091 --> 01:32:36,031
believe, happened at the start of this meeting when they said if you don't approve

936
01:32:36,031 --> 01:32:41,011
this, they're not going to invest 20 million. They even implied that they could just

937
01:32:41,011 --> 01:32:47,067
sell it or lease it to another business that comes in. If that would make them more

938
01:32:47,067 --> 01:32:55,026
money, which honestly, it probably would. If you grant the cup, it takes away a good

939
01:32:55,026 --> 01:33:00,006
portion of your guys' rights as a council to say yes or no to whatever they're going

940
01:33:00,006 --> 01:33:06,003
to build. This is industrial land, not commercial. Almost all of their plan is commercial,

941
01:33:06,043 --> 01:33:11,074
and there was lots of commercial land available around here. In the planning and

942
01:33:11,074 --> 01:33:18,022
zoning meeting, he stated that they have been, he had been putting cash offers on

943
01:33:18,022 --> 01:33:22,009
lots of land and kept getting denied. Which seems very confusing because why are

944
01:33:22,009 --> 01:33:30,002
people who are selling land, denying you. And why was an industrial property purchased

945
01:33:30,052 --> 01:33:35,063
for this? The land that is being asked for, for you guys to cover with the cup is

946
01:33:35,063 --> 01:33:40,023
the majority of the property, which would mean the majority of the property would

947
01:33:40,023 --> 01:33:44,091
not be able to come back up to you guys for approval. They've stated this, their

948
01:33:44,091 --> 01:33:50,071
lawyer stated this, that by rights, they don't feel they need to ask you. And I believe

949
01:33:50,071 --> 01:33:57,007
that if you guys approve this, or even just send it back to your Planning and zoning

950
01:33:57,007 --> 01:34:01,043
board, they will think they can just do what they want. Thank you.

951
01:34:22,079 --> 01:34:29,095
My name is Betty Lester, and I've had ties to Round Valley for over 50 years. My

952
01:34:29,095 --> 01:34:36,046
deceased husband, Don Lester's great, great grandfather was one of, Peter Thompson

953
01:34:36,046 --> 01:34:44,007
was one of the first settlers in this area. And I am not speaking because I'm Jeff

954
01:34:44,007 --> 01:34:52,006
Lester's mother. I am speaking because I live a country block off of Water Canyon

955
01:34:52,006 --> 01:34:58,081
Road and When I moved there, I thought I was gonna live in the country because I'm

956
01:34:58,081 --> 01:35:06,044
an old farm girl. And gradually, I've had subdivisions built around me. I have

957
01:35:07,034 --> 01:35:14,099
Neighbors Deanna Davis is one of them. She talks about dust. I'm

958
01:35:14,099 --> 01:35:22,002
worried about mud. You know, we have, uh, a lot of places that aren't paved in this

959
01:35:22,004 --> 01:35:28,051
town, and if you live in one of those outlying areas, you have a hard time getting

960
01:35:28,051 --> 01:35:34,098
to your property right now. It seems to me like when I was at the previous meeting,

961
01:35:35,035 --> 01:35:43,007
I didn't hear anything about paved streets in this uh proposed. Little

962
01:35:43,088 --> 01:35:51,035
Las Vegas is gonna be in my backyard and I'm highly opposed to it because I do not

963
01:35:51,035 --> 01:35:59,022
feel like we need to live on the Strip of Las Vegas. We moved here because we liked

964
01:35:59,022 --> 01:36:06,007
the, the country style life. And if we allow 200

965
01:36:07,043 --> 01:36:13,066
Trailers, especially those that travel and are not permanent or maybe they're gonna

966
01:36:13,066 --> 01:36:20,045
be permanent. I'm not sure I understand all of this, uh, in great detail, but I am

967
01:36:20,045 --> 01:36:28,018
extremely worried about the water situation too. Uh, Arizona is in a terrible

968
01:36:28,018 --> 01:36:35,076
drought, as most of you will agree. There are wells in this area going dry. I had

969
01:36:35,076 --> 01:36:42,052
one that did and I had to hook on to city water because of that. The well builder

970
01:36:42,052 --> 01:36:50,012
that told me that uh my well was going dry, said that he had a lot of clients who

971
01:36:50,012 --> 01:36:57,004
had the same problem. And now we're gonna put 3 more wells to supply 200 people.

972
01:36:58,038 --> 01:37:06,005
Uh, that sounds like the water table is gonna have to be a lot deeper than it is

973
01:37:06,005 --> 01:37:13,092
right now, and I'm not sure it is. I'm not opposed to growth and to progress.

974
01:37:14,038 --> 01:37:19,053
I've always thought we should consolidate Eager and Springerville, but that's a whole

975
01:37:19,053 --> 01:37:20,059
other story.

976
01:37:23,044 --> 01:37:31,039
I am highly opposed to this because of the water situation and because I

977
01:37:31,039 --> 01:37:33,059
feel like that we are allowing

978
01:37:37,012 --> 01:37:45,007
A little Las Vegas to move into our community. And I don't think that's exactly what

979
01:37:45,007 --> 01:37:51,047
the neighbors in that area are going to want, and I am one of them and I am highly

980
01:37:51,047 --> 01:37:52,076
opposed to this.

981
01:38:00,055 --> 01:38:05,018
I just had my eighty-seventh birthday. This is what happens when you get old.

982
01:38:09,003 --> 01:38:12,068
And Jeff Lester's your son too. I'm sure that that didn't help either.

983
01:38:22,012 --> 01:38:28,042
He's my friend, so I, I, I can say that he was your friend. He was my friend. Yeah,

984
01:38:29,016 --> 01:38:32,072
actually he's one of the joys of my life.

985
01:38:36,004 --> 01:38:41,064
Hello again, I'm Monica Benning and I Orlando Egypt. I support tourism growth in

986
01:38:41,064 --> 01:38:47,004
Round Valley when done correctly. Property owners have a right to use their land

987
01:38:47,004 --> 01:38:52,097
as they see fit until that use interferes with the surrounding community. Then the

988
01:38:52,097 --> 01:38:58,012
local government must step in. Planning and zoning is to ensure land development

989
01:38:58,012 --> 01:39:04,084
is done wisely for the balanced benefit of all involved. RV parks are best suited

990
01:39:04,084 --> 01:39:11,084
on commercially zoned land with easy access for visitors along major highways. Well

991
01:39:11,097 --> 01:39:18,054
designed RV parks also have laundry and shower facilities, adequate dumping areas

992
01:39:18,054 --> 01:39:25,007
for trash and sewage. Sometimes a small green space with trees. A smooth traffic

993
01:39:25,007 --> 01:39:32,007
flow pattern within the park and outside of it for safe evacuation. This project

994
01:39:32,007 --> 01:39:37,072
shows none of those features, as if it's almost designed to fail. It looks to me

995
01:39:37,072 --> 01:39:43,017
like another so-called RV park that could become a place for people to live there

996
01:39:43,017 --> 01:39:48,064
year-round in their camp trailers, like the rundown one tucked between 5th and 6th

997
01:39:48,064 --> 01:39:54,011
Streets just east of Butler. I guess I'll wait until the destruction is done.

998
01:40:04,082 --> 01:40:10,004
Mr. Luna's property shows a lack of Mr. Luna's proposal shows a lack of knowledge

999
01:40:10,042 --> 01:40:15,081
in properly designed RV parks, but he has said publicly, and he repeated it again

1000
01:40:15,081 --> 01:40:21,067
here tonight, that he is experienced at building data centers. So what if his poorly

1001
01:40:21,067 --> 01:40:27,006
designed RV park fails in attracting enough seasonal tourists? Will town officials

1002
01:40:27,006 --> 01:40:32,082
allow it to become a full-time RV residential lot, possibly another dumpy looking

1003
01:40:32,084 --> 01:40:38,053
one? Or what if he decides this large industrial acreage. Industrial acreage can

1004
01:40:38,053 --> 01:40:44,021
be converted into a data center because as his proposal states, and I quote from

1005
01:40:44,021 --> 01:40:49,057
his letter to PNZ, portions of the proposed redevelopment of the acreage may include

1006
01:40:49,057 --> 01:40:54,015
uses that are currently permitted under the town of Eager zoning regulations. Certain

1007
01:40:54,015 --> 01:41:00,003
uses permitted within the C1 zoning framework may continue within the property's

1008
01:41:00,003 --> 01:41:06,008
I-1 zoning designation without the need for additional CUP approval, end quote.

1009
01:41:07,086 --> 01:41:12,073
Folks that I know who have experienced data centers moving near them, they say they

1010
01:41:12,073 --> 01:41:17,073
always start out as a benign application for a large warehouse or a large storage

1011
01:41:17,073 --> 01:41:23,005
facility. That screen we saw of the sawmill renovation and this other one in the

1012
01:41:23,005 --> 01:41:29,085
top left corner, that looks to me. Like a huge warehouse. And if you're worried about

1013
01:41:29,085 --> 01:41:36,034
water, wait till you see how much water NASA data centers will take. That's a real

1014
01:41:36,034 --> 01:41:42,058
problem. Existing industrially zoned land with the infrastructure available at this

1015
01:41:42,006 --> 01:41:49,003
particular site is extremely rare in Apache in Southern Apache County. I zoning and

1016
01:41:49,003 --> 01:41:53,043
the industry built on it are intended to meet greater needs of the community's local

1017
01:41:53,043 --> 01:42:00,046
economy. A biomass plant would provide many more jobs directly and indirectly. It's

1018
01:42:00,046 --> 01:42:07,019
obvious to everyone that we need a new modern biomass plant. Its time has come. It

1019
01:42:07,019 --> 01:42:12,007
was not needed a few years back, but there are new opportunities emerging for it

1020
01:42:12,007 --> 01:42:17,034
now. The entire population of Southern Apache County who are opposed to wind energy

1021
01:42:17,034 --> 01:42:22,059
projects would certainly support a well-designed biomass plant instead because it

1022
01:42:22,059 --> 01:42:28,016
makes the most sense here. I totally agree with President Reagan's letter in which

1023
01:42:28,016 --> 01:42:33,052
he encourages you all to consider the possibility that patients could ultimately

1024
01:42:33,052 --> 01:42:41,035
result in a far greater return. Mr. Luna, I encourage you and your investors to actually

1025
01:42:41,037 --> 01:42:46,083
pursue a biomass plant on your industrial property instead. It's simply the wrong

1026
01:42:46,083 --> 01:42:52,072
location for either an RV park or a data center. I've carefully studied Planning

1027
01:42:52,072 --> 01:42:57,045
and zoning's logic for their denial, and I totally agree, agree with their decision.

1028
01:42:58,001 --> 01:43:03,082
Town council, I encourage you all to make the, the right decision and deny this appeal.

1029
01:43:04,017 --> 01:43:04,073
Thank you.

1030
01:43:18,009 --> 01:43:23,009
All right. Reconvene into a regular session. Do I have a motion to reconvene into

1031
01:43:23,009 --> 01:43:30,024
regular session? I'll make a motion. A second motion has been made and seconded to

1032
01:43:30,024 --> 01:43:36,042
reconvene into regular session. All in favor of that. Aye, any opposed? Motion carries.

1033
01:43:37,043 --> 01:43:42,026
Moving on to item 12, new business, appointing a vice mayor. Discussion of possible

1034
01:43:42,026 --> 01:43:44,082
action to appoint a vice mayor for the town of Eager.

1035
01:43:52,084 --> 01:43:54,038
Don't everyone volunteer at once.

1036
01:44:00,014 --> 01:44:03,021
What's next? It's, it's, it's next. It's next.

1037
01:44:05,065 --> 01:44:12,046
Hi, nominate. Mr. Brennan, Councilman Brennan, as vice mayor. I second that.

1038
01:44:13,087 --> 01:44:13,088
Mhm

1039
01:44:17,028 --> 01:44:24,042
I'm not volunteering, but I, I will serve if that's what's wanted. Motion has been

1040
01:44:24,042 --> 01:44:28,069
made and seconded for Bryce Burnham to serve as the vice mayor of the town of Eagle.

1041
01:44:28,083 --> 01:44:34,005
All in favor of that. I, any opposed? Motion carries.

1042
01:44:38,068 --> 01:44:44,097
Thank you. All right, moving on to item 12B, decision of appeal for the lunar property.

1043
01:44:44,099 --> 01:44:47,087
Discussion possible action from item 10A.

1044
01:44:53,005 --> 01:44:57,057
I just want to, uh, just once again, I'll just read from the statute regarding where

1045
01:44:57,057 --> 01:45:04,095
we are on this, um, 18.84.070, the town code says that after a public hearing

1046
01:45:04,095 --> 01:45:09,005
advertised and conducted in accordance with the provisions of this chapter, which

1047
01:45:09,005 --> 01:45:15,024
we Just a commission may approve, approve with conditions or deny the application

1048
01:45:15,024 --> 01:45:19,096
for a conditional use perm use provided that the applicant provides evidence substantiating

1049
01:45:19,096 --> 01:45:25,008
that all the requirements of this title relative to the proposed use are satisfied.

1050
01:45:25,065 --> 01:45:30,053
And further provided that the applicant demonstrates that the proposed use also satisfies

1051
01:45:30,053 --> 01:45:37,048
the following criteria. And there's 7 different criteria, uh,

1052
01:45:38,046 --> 01:45:43,037
that the proposed use would have to satisfy. Um, the ones that we've talked about

1053
01:45:43,037 --> 01:45:45,008
today. That the uh

1054
01:45:47,034 --> 01:45:52,049
Proposed use will not cause damage or nuisance, um, arising from noise, smoke, odor,

1055
01:45:52,059 --> 01:45:57,049
dust, vibration, or illumination, hazard to persons and property from possible explosion,

1056
01:45:57,058 --> 01:46:02,009
contamination, fire or flood, hazard occasioned by unusual volume or character of

1057
01:46:02,009 --> 01:46:07,001
traffic. Um, the characteristics of the site are suitable for the proposed use and

1058
01:46:07,036 --> 01:46:12,053
considering size, shape, location, topography, existence of improvements, and nat

1059
01:46:12,068 --> 01:46:17,021
natural features. So those are some of the criteria that should be considered. And

1060
01:46:17,028 --> 01:46:21,063
finally, that the proposed use satisfies those goals, objectives, and policies of

1061
01:46:21,063 --> 01:46:26,007
the general plan that are applicable to the proposed use and carry out the intent

1062
01:46:26,007 --> 01:46:32,053
of this title. So it's just uh 3 of the of the 7 uses there that I think are applicable

1063
01:46:32,053 --> 01:46:39,051
today. But now is the time for you to discuss as a council where everyone is at and,

1064
01:46:39,065 --> 01:46:45,054
and make a motion. And we discussed a little bit about the urgency of this. It is,

1065
01:46:45,056 --> 01:46:49,061
yeah, that's actually one of the conditions too is, um, that the proposed development

1066
01:46:49,061 --> 01:46:54,000
is timely considering the adequacy of transportation systems, public facilities,

1067
01:46:54,026 --> 01:47:02,012
and services existing or planned for the area affected by the use. And, um, after

1068
01:47:02,046 --> 01:47:08,099
you make your decision today, it does become final, uh, there is It has to be started

1069
01:47:08,099 --> 01:47:14,079
within 6 months. There is a reapplication period. It can be reapplied for a conditional

1070
01:47:14,079 --> 01:47:17,031
use permit 1 year from the date of the denial.

1071
01:47:23,022 --> 01:47:28,072
So now I'm the new guy here, so, you know, bear with me. But um thanks to Jessica,

1072
01:47:28,074 --> 01:47:33,097
I had about 5 days to study this and uh quite frankly, from everything that I've

1073
01:47:33,097 --> 01:47:41,066
seen so far, um, it doesn't uh really I mean, the plants, by the way, I built the

1074
01:47:41,066 --> 01:47:47,062
Fujitsu plant in um Besham, Oregon, and uh you know, that was a $1.2 billion dollar

1075
01:47:47,062 --> 01:47:55,003
project and they never used it. So, um, Um You know where I'm at is,

1076
01:47:55,032 --> 01:48:01,019
um, I don't think this, this just doesn't look like the numbers add up. Maybe I'm

1077
01:48:01,019 --> 01:48:07,036
wrong, but, um, from what I'm hearing from you just right now, it, uh, it's gonna

1078
01:48:07,036 --> 01:48:11,087
cause dust. It's gonna do all kinds of things that are on that list, but it's not

1079
01:48:11,087 --> 01:48:18,027
supposed to. So, I mean, I don't know what my vote is. I just don't, uh, I just don't

1080
01:48:18,027 --> 01:48:25,003
know why we're. You know, really are contemplating this alone. If he keeps this,

1081
01:48:25,012 --> 01:48:32,094
he'll He and it was. It'll continue to be asked for. I, I'm trying to word this correctly,

1082
01:48:33,007 --> 01:48:37,095
um, we can apply that we apply the will this be something we deal with every year

1083
01:48:37,095 --> 01:48:42,006
if it's if you confirm what was done by planning and zoning and, and deny the, the

1084
01:48:42,006 --> 01:48:49,078
cup, then, um, the stat, the town code allows for someone to reapply

1085
01:48:49,078 --> 01:48:53,006
for substantially the same cup a year after the denial.

1086
01:48:55,062 --> 01:48:59,089
But there's a a year that you have to wait, is that correct? Yeah, right. So we can

1087
01:48:59,089 --> 01:49:04,097
just with uphold the decision by planning a zoning. Yes, that's one of the three

1088
01:49:04,097 --> 01:49:10,037
options, um, that you're, excuse me, if we uphold that, then does that mean it's

1089
01:49:10,037 --> 01:49:13,087
denied today. Yes, that's what I thought.

1090
01:49:21,008 --> 01:49:27,055
I'm gonna be brave and step up here. Um, first of all, I want to appreciate, uh,

1091
01:49:27,096 --> 01:49:34,015
show my appreciation of the planning zoning, and, um, it was good to get that documentation.

1092
01:49:34,021 --> 01:49:37,079
We didn't get it at the last council meeting, so we didn't understand the reason

1093
01:49:37,079 --> 01:49:45,026
for the, for the denial. And the core principles of that denial, I agree with.

1094
01:49:45,084 --> 01:49:51,096
There are items in this that I think We've got to be careful with, um,

1095
01:49:55,028 --> 01:50:01,075
I don't think that the Zoning code allows us to say, well, it might hurt somebody

1096
01:50:01,075 --> 01:50:06,009
else's business. I don't think that's in there, is it? No, that's, that is not OK.

1097
01:50:07,024 --> 01:50:11,099
So there's valid points that are brought up here that really are not addressed in

1098
01:50:11,099 --> 01:50:18,046
the zoning ordinance, so we need to be careful. What we, what we weigh as facts.

1099
01:50:19,078 --> 01:50:26,009
The other thought that I have is um There's a fine line between

1100
01:50:28,053 --> 01:50:32,032
The government. We want the government to protect us, but at the same time, the government

1101
01:50:32,032 --> 01:50:37,096
takes rights away. And so, how do we protect someone's right to do what they want

1102
01:50:37,096 --> 01:50:45,087
on their business while protecting Uh, someone adjacent or in, in

1103
01:50:45,087 --> 01:50:47,064
the town. Um

1104
01:50:49,093 --> 01:50:56,009
You know, socialism's in the news a lot lately and When the government overreaches

1105
01:50:56,011 --> 01:51:04,005
its Authority, that's where I think we start seeing this socialism just because

1106
01:51:04,005 --> 01:51:12,000
we want something. Doesn't make it fit within the code. Or necessarily

1107
01:51:12,000 --> 01:51:19,009
right. I think there are some legitimate concerns, the water, the sewer, the

1108
01:51:19,009 --> 01:51:25,048
transportation. I was a little bit uh concerned about a retention pond by others.

1109
01:51:25,079 --> 01:51:30,038
So there are some loose issues out here that need to be addressed, addressed in my

1110
01:51:30,038 --> 01:51:37,058
mind. When we talk about the dust. If tomorrow a biomass plant went in there and

1111
01:51:37,058 --> 01:51:41,089
they want to run 50 trucks a day in there. There would be the noise, there would

1112
01:51:41,089 --> 01:51:49,003
be the dust, and there's not anything anybody can say about that. And so You know,

1113
01:51:49,016 --> 01:51:53,086
when I weigh that, uh, a travel trailer going in there and parking and staying for

1114
01:51:54,036 --> 01:52:00,019
3 weeks is gonna make less dust than the truck that's going in there now. Mrs. Wilkins

1115
01:52:01,026 --> 01:52:05,031
said she was the only one that's here. I grew up on the corner of Central and Main,

1116
01:52:06,009 --> 01:52:10,044
and her jake breaks at 4 o'clock in the morning of trucks turning the corners, probably

1117
01:52:10,044 --> 01:52:15,051
Brandon's dad. He headed out to get a load of lumber over Luna or a load of logs.

1118
01:52:15,077 --> 01:52:21,064
So I've been there, been here when this has all happened, OK. Well, you're still

1119
01:52:21,081 --> 01:52:28,069
Billy Greenwood. I am, I am, but I'm gaining on you. I'm gaining on you. So

1120
01:52:29,069 --> 01:52:36,027
yes, um, and that, and Igor, Ir grew up around that. It was on the outskirts and,

1121
01:52:36,092 --> 01:52:44,038
and still is and so. I'm torn between what all of us want and what we would like

1122
01:52:44,038 --> 01:52:52,021
to see as opposed to someone's rights and uh And what's actually written in the

1123
01:52:52,021 --> 01:53:00,003
code. And so, um, I think that we can require Some very

1124
01:53:01,004 --> 01:53:08,072
specific. Conditions in this conditional use permit. If we want to, uh,

1125
01:53:09,038 --> 01:53:15,000
to go that route and, and I think there's an opportunity. Um, I understand the wells

1126
01:53:15,017 --> 01:53:20,077
up there with the problems. I think that, uh, this may be an opportunity for the

1127
01:53:20,081 --> 01:53:25,064
Lunas to help invest in a, a new additional well somewhere where this doesn't have,

1128
01:53:26,014 --> 01:53:32,029
uh, we could require extension of sewer systems. Uh, there's, there's things that

1129
01:53:32,029 --> 01:53:39,003
we can require. As part of this conditional use, if we want this project to go and,

1130
01:53:39,006 --> 01:53:44,065
and be more specific and detailed in that. And so, that's my dilemma.

1131
01:53:46,024 --> 01:53:50,005
Socialism, capitalism. Oh jeez.

1132
01:53:52,039 --> 01:53:55,086
Again, I'm gonna bring up one thing, one thing only, that's the only thing I saw

1133
01:53:55,086 --> 01:54:01,054
when I read all this. It's called the law. The law isn't emotional. The law doesn't

1134
01:54:01,054 --> 01:54:07,065
care who owns what. What the law states is this is what we have decided as a people.

1135
01:54:08,011 --> 01:54:13,094
And when the people have decided that they don't want something, they put it into

1136
01:54:13,094 --> 01:54:20,075
law and they put in things like permits. And what goes on in this particular case

1137
01:54:20,075 --> 01:54:27,094
is the permit. That I looked at, uh. Is asking us to change something that is already

1138
01:54:27,094 --> 01:54:33,066
the law and in order for us to do that we'd have to go against the commissioner we'd

1139
01:54:33,066 --> 01:54:40,098
have to go against the town uh um desires from years

1140
01:54:40,098 --> 01:54:46,084
past and we would have to change what. Might happen

1141
01:54:49,057 --> 01:54:56,062
Rather than what does happen. And from the language that I read, there's no

1142
01:54:56,094 --> 01:55:04,052
definite Direction for this project. There's not even a plan. Now, I

1143
01:55:05,006 --> 01:55:09,081
have been a builder all my life. I started when I was 6. I'm a design and structural

1144
01:55:09,081 --> 01:55:13,078
engineer and I'm gonna tell you something, I don't go out the door without a plan.

1145
01:55:14,018 --> 01:55:19,069
And when I saw this, I thought to myself, that's nice, but it doesn't show anywhere

1146
01:55:19,069 --> 01:55:26,017
on the property where it actually does lay out every little item. And I can't build

1147
01:55:26,017 --> 01:55:32,088
a house like that. And so, the commission doesn't want a house like that. I don't

1148
01:55:32,088 --> 01:55:39,068
know why that we would even consider. A project that doesn't have a plan. That's

1149
01:55:39,068 --> 01:55:47,067
where I'm at. It's the law. Not me. So, and I, I think

1150
01:55:47,067 --> 01:55:51,092
that's part of what a conditional use permits is. Uh, we will grant you permission

1151
01:55:51,092 --> 01:55:57,059
to do this if you provide this, this and this, so we can request those things. I

1152
01:55:57,059 --> 01:56:02,061
can understand a developer not coming in and doing 90% plans to come in for conditional

1153
01:56:02,061 --> 01:56:07,014
use permit. That's a lot of wasted money if it's turned down. And so you have to

1154
01:56:07,069 --> 01:56:13,024
negotiate kind of back and forth until you say, OK, yeah, we can do this, but can

1155
01:56:13,024 --> 01:56:17,000
you improve the water? Can you improve the sewer? Can you improve your access? Can

1156
01:56:17,000 --> 01:56:21,005
you improve your storm drainage? Can you improve all these things? Then we'll grant.

1157
01:56:21,073 --> 01:56:26,072
It's, it's the same as what we did for Lester. We, we made approval to, to what he's

1158
01:56:27,009 --> 01:56:33,019
need, need more details. Yep, the, the little details. That's what I'm asking about.

1159
01:56:33,053 --> 01:56:40,017
That's what the year would provide the year. So I, if they, if you, if, if it was

1160
01:56:40,017 --> 01:56:47,028
denied today, uh, they would have a year from now, they would have the right to reapply.

1161
01:56:47,077 --> 01:56:52,037
And in that year, they would be able to put a plan together. Yeah.

1162
01:56:55,005 --> 01:57:02,022
But that doesn't, that doesn't work into a business plan. If we, if we vote to

1163
01:57:03,023 --> 01:57:08,072
Require certain conditions by X then they have 3 months, 6 months, 5 months, whatever

1164
01:57:08,095 --> 01:57:16,007
we stipulate to develop and satisfy the, the concerns we have.

1165
01:57:19,087 --> 01:57:27,073
So I'll, uh, I'll throw out some more useless information. Um, did you say one

1166
01:57:27,073 --> 01:57:35,009
was useless? No, no, mine, mine is, but I have to tell you that I was part of that

1167
01:57:35,009 --> 01:57:42,072
sawmill when I was a little kid. My grandpa lived right on the corner. And as little

1168
01:57:42,072 --> 01:57:47,012
kids, we were in the apple orchard, we collect all the apples and my uncle drove

1169
01:57:47,012 --> 01:57:52,088
the log truck by on Main Street, we would throw apples at the log truck. So that

1170
01:57:52,088 --> 01:57:57,088
was my part. I, I'm, I'm part of the sawmill, I feel like. What, what I think we

1171
01:57:57,088 --> 01:58:03,012
have to be reminded of is we have heard information today, and we've heard about

1172
01:58:03,012 --> 01:58:10,067
growth and industry and business, and I, I think we have to, to focus. This is about

1173
01:58:11,063 --> 01:58:18,079
200 RV spaces, 200 spaces for RV storage was the was the criteria met.

1174
01:58:19,057 --> 01:58:26,098
In this conditional use permit. And, and are there things lacking in that permit?

1175
01:58:27,028 --> 01:58:33,066
I, I personally believe that we need more information in that permit process. I think

1176
01:58:33,066 --> 01:58:37,014
there's things that need to be addressed in that, in that conditional use permit.

1177
01:58:38,097 --> 01:58:43,057
So Mr. Greenwood talked about, oh sorry, go ahead, no.

1178
01:58:45,084 --> 01:58:51,052
Am I Brett, can I say something as community development, so as community development

1179
01:58:51,052 --> 01:58:57,058
director, just so you're aware, there are legitimate health and safety concerns that

1180
01:58:57,058 --> 01:59:03,047
in code states if there are legitimate health and safety concerns, you are allowed

1181
01:59:03,047 --> 01:59:10,051
to deny a CUP flat out. We don't need anything else. There are issues with potentially

1182
01:59:10,051 --> 01:59:14,063
the water. There's still not the test back. They may be able to supply that. There

1183
01:59:14,063 --> 01:59:18,079
may be issues down the road if we continue on the road. We have been in restrictions

1184
01:59:18,084 --> 01:59:24,027
every single year since I have lived here. The town restricts first. I don't think

1185
01:59:24,027 --> 01:59:31,031
it's fair to our residents to make them restrict more, to allow a business to offer

1186
01:59:31,031 --> 01:59:37,064
that to people that do not live here for one, our police. Do we have the police to

1187
01:59:37,064 --> 01:59:42,044
police that morning? They didn't run the nicest RV park. I've seen police in every

1188
01:59:42,044 --> 01:59:47,084
single RV park. Something happens. Do we have that capacity? Does our fire and medical

1189
01:59:47,084 --> 01:59:54,092
crew have that capacity to work on those things and serve our community? Those are

1190
01:59:54,092 --> 02:00:00,015
3 big things that I think you need to take into consideration for this, and those

1191
02:00:00,017 --> 02:00:04,076
are part of the reason why the commission denied this, because I don't believe that

1192
02:00:04,076 --> 02:00:09,064
changing the plan and having them go through that, I think that would be potentially

1193
02:00:09,064 --> 02:00:14,032
a waste of time and money on the women's part, and I would feel bad for them because

1194
02:00:14,032 --> 02:00:19,044
if those are not addressed, I can see the commission denying that again because those

1195
02:00:19,044 --> 02:00:22,024
basic health and safety rights are not met.

1196
02:00:26,041 --> 02:00:34,022
Mhm And again I'm not here because uh I don't like Mr. Luna

1197
02:00:34,022 --> 02:00:40,002
or because I don't think his plan is right or anything. The only reason I'm here

1198
02:00:40,002 --> 02:00:46,066
as a council member, I think, is to see if this meets the criteria. And from what

1199
02:00:46,066 --> 02:00:52,032
I've seen, it doesn't. I'd like to confuse myself with all the rest of the stuff

1200
02:00:52,032 --> 02:00:58,046
I see, but that's not what I'm here for tonight. If I'm correct, am I correct? Yes,

1201
02:00:58,059 --> 02:01:06,008
I, I guess I just want to point out that um the, the conditional use. Appeal presents,

1202
02:01:06,096 --> 02:01:12,007
you know, 7 different criteria that you can evaluate to see whether you, uh, approve

1203
02:01:12,007 --> 02:01:18,003
it, deny it, give additional conditions. But I also encourage you to always go back

1204
02:01:18,003 --> 02:01:23,015
to the chapter that has been designated specifically on recreational vehicle parks,

1205
02:01:23,004 --> 02:01:29,051
and there's a lot of, uh, criteria that is in that chapter also that has to apply

1206
02:01:29,051 --> 02:01:35,011
to, to any park and Just so you, your new members know that this type of appeal does

1207
02:01:35,011 --> 02:01:40,011
not happen very often. Um, and, but when it has happened, that is something I know

1208
02:01:40,011 --> 02:01:46,084
that the council has made sure that it's in the plan as far as, you know, the solid

1209
02:01:46,084 --> 02:01:51,043
fence wall with a minimum. Of 5 ft and a maximum height of 6 ft has to be around

1210
02:01:51,045 --> 02:01:57,000
there. There's minimum dimensions. There's parking minimums. There's setbacks, interior

1211
02:01:57,000 --> 02:02:01,048
roadways. There's a lot of requirements just in the chapter on recreational vehicle

1212
02:02:01,048 --> 02:02:09,045
parts, but also must be in the plan. Is that currently in the plan? I don't

1213
02:02:09,045 --> 02:02:13,029
believe it's in the plan. No, I didn't see it. You know, I would like to make a comment

1214
02:02:13,031 --> 02:02:20,008
on that because I did help create the original CPP application and the entire 18.60,

1215
02:02:20,039 --> 02:02:26,003
every aspect of the RV Park zoning was addressed by the applicant and how he was

1216
02:02:26,003 --> 02:02:32,006
going to exceed the requirements of 18.60. And the only two things he was requesting

1217
02:02:32,006 --> 02:02:38,012
is he didn't really want to pave all the roads and uh. Possibly there's already been

1218
02:02:38,034 --> 02:02:43,014
foot fencing around the entire 124 acres. Maybe do some kind of screening on that.

1219
02:02:43,035 --> 02:02:48,081
But I, I beg to disagree with that because you've got both packets in your packet.

1220
02:02:48,091 --> 02:02:54,002
It was the original planning and zoning packet and the appeal packet. So I would

1221
02:02:54,002 --> 02:02:58,055
like you to review that because I do want you to know that every one of those items

1222
02:02:58,055 --> 02:03:01,004
in Arthur Park's zoning was addressed.

1223
02:03:03,017 --> 02:03:07,009
I guess I would, I would, um, like you're complaining zoning see if that that is

1224
02:03:08,025 --> 02:03:11,006
was their position as well that everything had already been addressed there and it

1225
02:03:11,006 --> 02:03:17,014
was just the other options because I just don't know. So, um, we saw, let me, let

1226
02:03:17,014 --> 02:03:20,084
me grab this. So in our original application it wasn't in the application, but if

1227
02:03:20,084 --> 02:03:27,096
there was an attachment you may have it, um. It was like a layout of how they intended

1228
02:03:27,096 --> 02:03:35,068
to Address let's see in here somewhere um I don't believe that it

1229
02:03:35,068 --> 02:03:41,064
met it was it was kind of up for interpretation so it's the build it right properties

1230
02:03:41,064 --> 02:03:47,098
LLC conditional use permit narrative um. And so there's things like water quality

1231
02:03:47,098 --> 02:03:54,022
and this comes from the 18.60 and it said things like water quality testing is currently

1232
02:03:54,024 --> 02:03:59,079
underway. Um, the applicant is coordinating with the town regarding available sewer

1233
02:03:59,079 --> 02:04:04,019
capacity, so it didn't seem like they were all met. It seemed like they, they had

1234
02:04:04,019 --> 02:04:09,003
a potential idea of how they might need them, but they weren't essentially met at

1235
02:04:09,003 --> 02:04:10,037
the time of the application.

1236
02:04:15,031 --> 02:04:15,008
So

1237
02:04:19,003 --> 02:04:26,059
The conditions that were supposed to have been met haven't been met. Uh, and Let

1238
02:04:26,059 --> 02:04:29,098
me get this right cause you know I'm the new guy so I have to ask these questions.

1239
02:04:30,044 --> 02:04:37,062
And so, I'm asked to allow it even though they haven't been met by the

1240
02:04:37,096 --> 02:04:45,019
partition. they haven't been met and so as a council member, then it's my duty if

1241
02:04:45,019 --> 02:04:51,051
I'm reading my job right. It's my duty to deny something that hasn't been met. Is

1242
02:04:51,051 --> 02:04:52,024
that correct?

1243
02:04:55,052 --> 02:04:59,011
I, I don't know if you're asking me, but there seems to be a little bit of a dis

1244
02:04:59,011 --> 02:05:06,001
uh dispute as to whether the, the actual requirements for an RV park were, were met.

1245
02:05:06,004 --> 02:05:11,068
Um, certainly the sanitation one seems to be, uh, the one that was a little bit up,

1246
02:05:11,007 --> 02:05:16,067
and that's we heard arguments both sides on that, which is that the health and which

1247
02:05:16,067 --> 02:05:22,022
is the health and safety concern that is in the We know the grounds for denying an

1248
02:05:22,022 --> 02:05:27,057
appeal. And we also know that the police matter hasn't been met at all by Mr. Luna.

1249
02:05:28,001 --> 02:05:32,044
Um, so, and I mean I don't know about anybody else, but I've been around a lot of

1250
02:05:32,044 --> 02:05:37,005
RV parks. I had a 45 footer that we cruised around the US for a while. It didn't

1251
02:05:37,005 --> 02:05:40,085
matter where you went, there was always an issue, at least one or two issues. In

1252
02:05:40,085 --> 02:05:46,056
every RV park I was ever in. So, I mean, I know there's gonna be some calls of 200,

1253
02:05:46,058 --> 02:05:52,069
400 different people getting together anywhere. So, um, you know, it sounds like

1254
02:05:52,069 --> 02:05:57,065
to me again, I mean, I'm just a new guy, and forgive me, but it sounds like to me

1255
02:05:57,065 --> 02:06:03,002
it just hasn't been met. The conditions for the Uh, for the press.

1256
02:06:14,017 --> 02:06:14,093
commission.

1257
02:06:25,001 --> 02:06:30,087
I agree that the conditions haven't been met. Do, do we give them an opportunity

1258
02:06:30,087 --> 02:06:36,094
to meet those? Yes, they didn't meet them before. Some of it was the discussion in,

1259
02:06:36,097 --> 02:06:40,008
but that's what I was gonna add to, you know, if you have concerns about the, the

1260
02:06:40,008 --> 02:06:47,052
sanitation, you can approve the, the cup with additional conditions that we need,

1261
02:06:47,069 --> 02:06:51,008
we need to get more information about sanitation or, or whatever the, the other,

1262
02:06:51,085 --> 02:06:58,014
uh. Health and safety concerns wouldn't be. You can't ask for that, right? But again,

1263
02:06:58,019 --> 02:07:05,097
we're not here to approve the cup necessarily. We're here for the RV part. That is

1264
02:07:05,097 --> 02:07:12,074
not what the cup that is that's the that's the cup cause I'm confused with all this

1265
02:07:12,074 --> 02:07:18,051
stuff up here. The RV part cannot go forward unless it is underneath the conditional

1266
02:07:18,051 --> 02:07:25,045
use permit. OK, that's one of the conditional use permit. You can provide the conditions

1267
02:07:25,055 --> 02:07:31,005
to grant that permit. So what conditions do you want to impose on the Lunas to, to

1268
02:07:31,075 --> 02:07:36,014
allow them to do this? That's what this is. That's what the council needs to decide.

1269
02:07:36,023 --> 02:07:41,094
So, so if there's conditions that he doesn't want to meet, he has opportunity therefore

1270
02:07:41,094 --> 02:07:49,001
not to do it or to add something else, more cabins or. You know, I mean, just, yeah,

1271
02:07:49,055 --> 02:07:55,009
that's that would have to come back to the town and that would have to be used and

1272
02:07:55,009 --> 02:08:01,005
that'd be another approval for additional use again it, it depends on what the use

1273
02:08:01,005 --> 02:08:05,009
would be and if it was allowed. So the three options again are you can deny. And

1274
02:08:05,009 --> 02:08:11,062
uphold to see the commission's decision that they made. You can approve and have

1275
02:08:11,062 --> 02:08:17,046
it go back to the commission, um, which again could cause problems there if they

1276
02:08:17,046 --> 02:08:21,054
come back with plans and they still don't meet those health and safety, or you can

1277
02:08:21,054 --> 02:08:26,007
approve with conditions that you'd be safe instead. Well, I'm not qualified to figure

1278
02:08:26,007 --> 02:08:30,083
out what the conditions are, so I mean, I, I don't know how I'm gonna do that one.

1279
02:08:31,004 --> 02:08:36,067
I mean, are you qualified to do that? No, but let me give you an example. Water,

1280
02:08:36,097 --> 02:08:44,078
OK. Water is, I think we've all agreed that that's an issue. So, does this give us

1281
02:08:44,008 --> 02:08:48,067
the opportunity to go to Mr. Liu and say, you know what, the town of Eager needs

1282
02:08:48,067 --> 02:08:55,086
a new weapon. We have some engineering surveys that show where Productive arsenic-free

1283
02:08:55,086 --> 02:09:01,002
wells can be drilled. Are you willing to partner and pay X amount of this new well

1284
02:09:01,031 --> 02:09:05,036
in order to have this? This, uh, RV part.

1285
02:09:08,001 --> 02:09:13,052
So those are the kinds of conditions that can be applied, am I correct? And I guess

1286
02:09:13,052 --> 02:09:17,076
I wanna, I would turn to see if is that, is that a realistic condition I guess from

1287
02:09:17,076 --> 02:09:23,014
your perspective. I, I disagree with has worked for the job a lot longer than me.

1288
02:09:23,026 --> 02:09:29,036
I'm not aware of any. Current sites that are engineered, I know that Brennan has

1289
02:09:29,036 --> 02:09:34,067
been working with, uh, well drillers and such to develop such sites, but I don't

1290
02:09:34,067 --> 02:09:40,004
know that those are readily that that would be that we could say this is our condition

1291
02:09:40,092 --> 02:09:45,006
if we did find this this solution. This is the condition that you need to make, you

1292
02:09:45,006 --> 02:09:47,078
know, we don't have that, that kind of time tonight,

1293
02:09:49,093 --> 02:09:55,022
so you can, I mean, like I said, there's, there's the three options of upholding

1294
02:09:55,022 --> 02:10:00,088
what can be put for again you guys have, they've been appointed to look at code and

1295
02:10:00,088 --> 02:10:05,091
to know these things and to research. They can do this lightly they're. And they

1296
02:10:05,091 --> 02:10:10,021
appreciate business and they want that. We wanna do it at the appropriate rate, so

1297
02:10:10,021 --> 02:10:15,036
you would deny it based on their decision and that backing. You can approve it and

1298
02:10:15,036 --> 02:10:21,023
send it back to PNZ with a, hey, we want a better plan. We need to know what you

1299
02:10:21,023 --> 02:10:26,031
plan to do with water, sewer infrastructure. Direct them to work with manager either.

1300
02:10:27,031 --> 02:10:32,053
To make sure that they're meeting those and when that is ready or we all feel that

1301
02:10:32,053 --> 02:10:37,049
it is cohesive enough, it would come back to planning and zoning who then would set

1302
02:10:37,051 --> 02:10:42,094
potentially other conditions or you approve it with conditions again where you are

1303
02:10:42,094 --> 02:10:48,064
new that may not be the best option for all of you because you don't know the code.

1304
02:10:51,056 --> 02:10:56,051
So that's the reason I keep going back to the same question. If we deny it cause

1305
02:10:56,051 --> 02:10:57,023
I'm not.

1306
02:10:59,051 --> 02:11:06,078
That kind of an engineer, if we deny it, uh, for lack of information, Mr. Luna there

1307
02:11:06,078 --> 02:11:13,065
can come back a year from now and have everything taken care of and resubmit. Correct.

1308
02:11:13,091 --> 02:11:20,086
Am I correct? So I'm not telling Mr. Luna he can't do this. I'm saying that I don't

1309
02:11:20,086 --> 02:11:26,084
have enough information and or I don't feel confident enough to go forth and say,

1310
02:11:26,091 --> 02:11:33,071
OK, there's something that doesn't seem to be ready to be OK. That's where I'm at.

1311
02:11:35,047 --> 02:11:40,086
OK. The other alternative that she was explaining is we can turn it back and say,

1312
02:11:40,091 --> 02:11:46,026
OK, we're the staff. Can you supply the well? Can you supply? Are you willing to

1313
02:11:46,026 --> 02:11:50,078
pay for the Sioux extension from 4th up the school bus road? That's a benefit to

1314
02:11:50,078 --> 02:11:54,004
the town. Are you willing to do what are you doing for

1315
02:11:56,057 --> 02:12:03,002
this is all gonna be the same though. So Brett, I have a question. Are there specific

1316
02:12:03,002 --> 02:12:09,094
time frames, meaning if, if we remand this back to planning and zoning, is there,

1317
02:12:10,007 --> 02:12:15,025
is there time restraints on that? Do we have to be specific on what needs to be addressed?

1318
02:12:18,003 --> 02:12:22,013
I see what you're, uh, well, it does become null and void in 6 months, I guess, um,

1319
02:12:23,003 --> 02:12:27,063
official use committee, um, but it's. As far as like time time limits for planning

1320
02:12:27,063 --> 02:12:31,023
zoning to get you additional information, I don't, I'm not aware of anything as far

1321
02:12:31,023 --> 02:12:37,006
as that goes, um. And it does, you know, say that, you know. Yeah

1322
02:12:40,049 --> 02:12:43,061
So I guess once you, once it's approved, there are time limits. I guess we're kind

1323
02:12:43,061 --> 02:12:47,072
of in the, in the period of just evaluating the appeal. So I don't think there would

1324
02:12:47,072 --> 02:12:54,096
be time limits for, for your decision on that. It just um just wanted to be noticed

1325
02:12:54,096 --> 02:13:00,032
in a public hearing like we've done and then uh it says that you're supposed to make

1326
02:13:00,032 --> 02:13:06,004
a, make a decision. After the public hearing in accordance with this criteria. So,

1327
02:13:06,058 --> 02:13:10,005
I guess that's a little up to interpretation and whether that needs to be made tonight

1328
02:13:10,005 --> 02:13:16,009
or if you wanted to, to uh get some more information and continue this hearing at

1329
02:13:16,009 --> 02:13:18,047
the next uh meeting, I think that'd be appropriate too.

1330
02:13:21,004 --> 02:13:28,044
So Even if it was to go back to PMD, they have 6 months to show that work has commenced.

1331
02:13:28,069 --> 02:13:33,043
Yeah, that's, that's where that 6 months comes to engineering plans, things like

1332
02:13:33,045 --> 02:13:38,006
that, um, that's what like Mrs. Wester brought up was that they're, they've been

1333
02:13:38,006 --> 02:13:42,036
in constant communication. They've shown us engineering. They've worked with us on

1334
02:13:42,036 --> 02:13:46,016
different things and shown us plans, and so there's a lot of work going on behind

1335
02:13:46,016 --> 02:13:52,095
the scenes that has to be occurring during that time. It could be. Yeah, so, so once

1336
02:13:52,095 --> 02:13:59,006
it's approved, that's when that 6 minute, 6 month clock starts. So. If you're still

1337
02:13:59,006 --> 02:14:02,001
just debating it, then it hasn't started.

1338
02:14:06,087 --> 02:14:06,088
Yes

1339
02:14:18,026 --> 02:14:18,027
Oh.

1340
02:14:23,061 --> 02:14:25,047
Oh Jesus.

1341
02:14:28,091 --> 02:14:30,049
OK, my, my idea.

1342
02:14:32,072 --> 02:14:35,001
Send this back to the planning and zoning.

1343
02:14:38,003 --> 02:14:43,086
More fully. With the complete plan concerning water.

1344
02:14:45,039 --> 02:14:52,051
Supply And, and sue her. And that the, the road

1345
02:14:53,038 --> 02:15:01,009
situation that, that has been described earlier. Is, is that an option and, and It's

1346
02:15:01,009 --> 02:15:06,094
not really an option that's contemplated in the code, but if that's what the, if

1347
02:15:06,094 --> 02:15:11,004
that's what the council needs in order to, to make its decision. Then I think that's

1348
02:15:11,004 --> 02:15:15,077
appropriate, but it, you know, the code just says after a public hearing that you

1349
02:15:15,077 --> 02:15:22,053
are to either approve, approve with conditions or deny the application. OK.

1350
02:15:25,088 --> 02:15:33,068
Uh I make a motion that we upheld uphold the planning and zoning's decision to

1351
02:15:33,007 --> 02:15:40,093
deny this conditional use permit. Motion has been made and seconded to uphold the

1352
02:15:40,093 --> 02:15:48,044
planning and zoning decision to deny this appeal. All in favor of that. Opposed.

1353
02:15:49,043 --> 02:15:54,083
Sorry. OK, motion carries. The appeal is denied.

1354
02:16:07,043 --> 02:16:14,008
All right, moving on to item 12C. Second reading of the wildlife fence ordinance.

1355
02:16:14,019 --> 02:16:19,066
Discussion of possible action to approve the second reading of ordinance 2026-02.

1356
02:16:19,099 --> 02:16:27,063
Wildlife fence, Brittany. OK, sorry, mayor council, so because we have new indulge

1357
02:16:27,063 --> 02:16:31,059
me. I'm going to read this again and kind of go over what I did the first time, so

1358
02:16:31,059 --> 02:16:38,031
I apologize, um, but I just want the new council to be aware of why we are looking

1359
02:16:38,031 --> 02:16:46,028
at this. The commission has faced, um. 5 different CUPs for elk wildlife

1360
02:16:46,028 --> 02:16:53,091
type fencing just in the past roughly 4 months um and so we were looking at code

1361
02:16:53,091 --> 02:17:00,071
after talking with Manager Eager and uh Tony Rigg we decided that we needed to update

1362
02:17:00,071 --> 02:17:06,003
code to allow people to build fences that would keep out deer, elk, other wildlife

1363
02:17:06,032 --> 02:17:13,034
to protect their homes, gardens, um. Ways of life so that that will move on. So sorry,

1364
02:17:13,039 --> 02:17:18,003
I'm gonna read it. Bear with me. Um, so Walden fence is one height, no wall heads

1365
02:17:18,003 --> 02:17:24,006
or solid fence over 4 ft high or other fence such as stream length wrought iron split

1366
02:17:24,006 --> 02:17:30,018
rail, um, so pole. So it kind of goes over all of those things. The proposed addition

1367
02:17:30,018 --> 02:17:35,081
is at the bottom of that. So we would have a section 5. So you have 4 different criteria

1368
02:17:36,035 --> 02:17:41,061
that normal fences have to meet. Um, the fifth is wildlife fences. Notwithstanding

1369
02:17:41,061 --> 02:17:47,000
the fence height limitations otherwise provided in this section, a fence constructed

1370
02:17:47,002 --> 02:17:52,056
primarily to prevent out deer or other similar wildlife from entering private property

1371
02:17:52,098 --> 02:17:59,045
may be constructed to a maximum height of 8 ft without obtaining a conditional use

1372
02:17:59,045 --> 02:18:04,079
permit, subject. To the following requirements. 1, the fence is constructed of open

1373
02:18:04,079 --> 02:18:10,019
see-through materials such as woven wire, welded wire, or similar materials that

1374
02:18:10,019 --> 02:18:15,083
maintain visibility. 2, the fence is not located within a public right of way or

1375
02:18:15,083 --> 02:18:21,003
recorded easement. 3, the fence does not obstruct required site visibility triangles

1376
02:18:21,003 --> 02:18:25,086
at street intersections or. Was for the fence is maintained in good repair so that

1377
02:18:25,086 --> 02:18:31,036
wildlife is not trapped or entangled by all other applicable setback requirements

1378
02:18:31,036 --> 02:18:36,084
of this code remain in effect. So again, this would only apply to those trying to

1379
02:18:37,009 --> 02:18:42,023
protect gardens, yards, things of that nature. It would have to be open and see through.

1380
02:18:42,049 --> 02:18:48,005
Um, we have the first reading. Last month with council, um, so this is just the 2nd

1381
02:18:48,005 --> 02:18:53,003
reading and then Jessica will have the next item which would be the resolution to

1382
02:18:53,003 --> 02:18:59,004
pass this. I would recommend approval of this addition to code. Um, it's helping

1383
02:18:59,004 --> 02:19:04,046
people to be self-sufficient in our community and, and saving their lawns, gardens

1384
02:19:04,046 --> 02:19:11,079
from devastating elk and deer infestation. Any questions?

1385
02:19:12,091 --> 02:19:19,022
Yes. So my wall between me and my RV parked next door, I would have to be, I would

1386
02:19:19,022 --> 02:19:23,078
have to get a conditional uh use permit, is that correct? Cause it's gonna be out

1387
02:19:23,078 --> 02:19:30,095
of concrete. Uh, if it's above, um, 6, well, and yours is different, so you could

1388
02:19:30,095 --> 02:19:36,009
go 6 ft high because it is in the back of your home. Right. If you go over 6 ft,

1389
02:19:36,092 --> 02:19:44,078
then yes, you would have to look at a conditional use. At 6 ft. The elks still

1390
02:19:44,078 --> 02:19:52,019
jump over it. You do have it. No, yeah, so if you wanted to use solid concrete for

1391
02:19:52,019 --> 02:19:56,085
that, yes, we'd have to do additional use unfortunately, but the one at the park.

1392
02:19:57,031 --> 02:20:02,013
Yes. Any other questions for Brittany concerning the wildlife fencing? Thank you.

1393
02:20:03,039 --> 02:20:10,085
All right. Make a motion to approve the second reading of Ordinance 2026-02 wildlife

1394
02:20:10,085 --> 02:20:16,078
fence. So yeah, motion has been made and seconded to approve the second reading of

1395
02:20:16,078 --> 02:20:24,049
Ordinance 2026-02. All in favor of that in your post. That motion carries.

1396
02:20:25,071 --> 02:20:30,076
Item 12D. Purchase and sale agreement. Discussion possible action to approve the

1397
02:20:30,076 --> 02:20:35,016
purchase and sale agreement between the town of Ere and the Church of Jesus Christ

1398
02:20:35,016 --> 02:20:40,025
of Latter-day Saints regarding the old swimming pool property branded. Uh, Mayor

1399
02:20:40,025 --> 02:20:47,037
and council, where the old swimming pool was on First Avenue in Eager Street. That

1400
02:20:47,037 --> 02:20:53,033
property was originally gifted to the town by the Church of Jesus Christ of Latter-day

1401
02:20:53,033 --> 02:21:01,021
Saints. That was in the 60s, I do believe. Um The town

1402
02:21:02,013 --> 02:21:06,088
Used it, operated the swimming pool when that was no longer feasible. The swimming

1403
02:21:06,088 --> 02:21:10,076
pool has been gone for a long time, and I know we keep hearing about a swimming pool,

1404
02:21:10,087 --> 02:21:18,003
but I don't think we can afford that. Uh, this agreement was begun.

1405
02:21:19,005 --> 02:21:26,069
4 to 5 years ago with the church. The, the town cannot give the property back to

1406
02:21:26,069 --> 02:21:32,069
the church because it's now public property. The church provided labor and materials

1407
02:21:32,069 --> 02:21:40,042
to build the restrooms at Cowpuncher Pond. That's been complete for a few years

1408
02:21:40,042 --> 02:21:47,052
now. We were drilling the town well on that property. That's complete now

1409
02:21:47,009 --> 02:21:54,085
and this agreement is to use the work

1410
02:21:54,085 --> 02:22:02,064
performed for the bathrooms as payment for the 0.37 acres of land

1411
02:22:03,001 --> 02:22:09,027
and that would be the payment to sell that land back to the church. So with that,

1412
02:22:09,032 --> 02:22:16,024
I would recommend uh council approval. It's been reviewed by, by uh Brett.

1413
02:22:17,003 --> 02:22:24,078
And Uh, approved there also. And to clarify, the, the well that's recently

1414
02:22:24,078 --> 02:22:30,053
drilled remains town property. Yes, the well that, that was recently drilled by the

1415
02:22:30,053 --> 02:22:37,002
town is town property and the property inside the fence that's fenced around it will

1416
02:22:37,002 --> 02:22:41,086
remain as town property. And the town has access to that at any time. Yes, of course.

1417
02:22:42,003 --> 02:22:48,056
That's part of the agreement, yes. OK. And it's my understanding that the Church

1418
02:22:48,056 --> 02:22:53,075
of Jesus Christ of Latter-day Saints plans on just kind of extending that landscaping.

1419
02:22:54,036 --> 02:22:58,051
It's right there by that building, kind of extending that to the next corner with

1420
02:22:58,051 --> 02:23:04,004
that rock landscaping just for some additional parking, and that's what the church

1421
02:23:04,064 --> 02:23:08,059
is planning on using that for, so yes, and the church doesn't have access to the

1422
02:23:08,059 --> 02:23:16,009
well. In, in the agreement, so when the agreement was made, The agreement was

1423
02:23:16,009 --> 02:23:23,093
that because the, the town drilled the well, it's about what, 1520 ft from the

1424
02:23:23,093 --> 02:23:27,069
well that the church had on the, on the property that existed that the church was

1425
02:23:27,069 --> 02:23:33,004
still using. They used that well to water the ball field that's used for all the

1426
02:23:33,004 --> 02:23:39,064
community, baseball, softball, Little League, all those things. The agreement was

1427
02:23:39,007 --> 02:23:46,032
that if the, if the town drilled this well and the church's well went, went dry,

1428
02:23:46,062 --> 02:23:51,085
that the town would supply water only to the sprinkler system at the ball field to

1429
02:23:51,085 --> 02:23:55,037
nothing else. So that is a part of the agreement. Yes.

1430
02:23:58,027 --> 02:24:02,006
So is it the same aquifer? I mean, if it goes dry, wouldn't that one go right too?

1431
02:24:02,011 --> 02:24:06,046
Is it deeper? It's deeper. The town well is considerably deeper than the old well.

1432
02:24:08,047 --> 02:24:12,067
They, they submitted how they're gonna landscape it, I guess. Did you say they have

1433
02:24:12,083 --> 02:24:16,082
plans, or I don't know if this is a real important, but I, I guess they do. The church

1434
02:24:16,082 --> 02:24:19,014
has plans, but I mean it's their property.

1435
02:24:22,048 --> 02:24:25,008
OK. All right. Right.

1436
02:24:29,054 --> 02:24:34,064
Any other questions for Brynn? All right, I make a motion to approve the purchase

1437
02:24:34,064 --> 02:24:38,002
and sell agreement between the town of Eagre and the Church of Jesus Christ of Latter-day

1438
02:24:38,002 --> 02:24:44,002
Saints regarding the old swimming pool property. Second has been made. Motion has

1439
02:24:44,002 --> 02:24:49,019
been made and seconded to approve the purchase and sell agreement between the town

1440
02:24:49,053 --> 02:24:52,076
of Eagre and the Church of Jesus Christ of Latter-day Saints regarding the old swimming

1441
02:24:52,076 --> 02:24:59,017
pool property. All in favor of that? Aye. Any opposed? Ocean carries. Um

1442
02:25:01,063 --> 02:25:09,028
12 E Cybersecurity and access control grant agreements. Discussion

1443
02:25:09,028 --> 02:25:13,071
possible action to approve a cybersecurity grant and an access control grant between

1444
02:25:13,071 --> 02:25:19,005
the town of Eager and the Department of Homeland Security, Brandon. Mayor council,

1445
02:25:19,034 --> 02:25:27,033
uh, we applied and, uh, We're granted, number one, a cybersecurity

1446
02:25:27,033 --> 02:25:33,066
grant which will pay for a new server for the town, a new upgraded

1447
02:25:34,083 --> 02:25:40,084
Uh Server which would make all of our records much safer also and give us a lot more

1448
02:25:40,084 --> 02:25:48,059
space. Uh, that part for that grant is uh 29, I believe, 0.3, uh,

1449
02:25:48,073 --> 02:25:56,021
29. 1300. We're trying to get this right. Then the

1450
02:25:56,054 --> 02:26:04,000
uh access control grant was also through Homeland Security and that will provide

1451
02:26:04,015 --> 02:26:11,087
a new uh key system for all of our doors uh uh and the uh the keyless carded

1452
02:26:11,087 --> 02:26:19,053
entry system. So, I would recommend approval of those 2 grants, upgrade our

1453
02:26:19,053 --> 02:26:20,048
facilities.

1454
02:26:23,076 --> 02:26:28,047
Yeah, we have to match or anything like that. Is there any cost, no cost, all that

1455
02:26:28,071 --> 02:26:36,066
type of stuff. It was already in, in the budget. OK, sounds good. Any other questions

1456
02:26:36,066 --> 02:26:43,095
for Brynn? All right, do I have motion? I'll make the motion. 2nd.

1457
02:26:46,083 --> 02:26:53,038
Motion has been made and seconded to approve a cybersecurity grant and an access

1458
02:26:53,038 --> 02:26:56,089
control grant between the town of Eager and the Department of Homeland Security.

1459
02:26:57,024 --> 02:27:01,074
All in favor of that. Aye. Any opposed? Motion carries.

1460
02:27:04,025 --> 02:27:08,024
Do I have a motion for adjournment? I'll make a motion that we adjourn for the night.

1461
02:27:09,056 --> 02:27:13,047
Motion's been made and seconded to adjourn. All in favor of that. I have meeting

1462
02:27:13,047 --> 02:27:15,066
adjourned. Thank you.

1463
02:27:18,079 --> 02:27:19,033
Hey man.