[0:01] Um, so it looks like it's still.

[0:09] And then I have already drafted back in and it hasn't even let me been signing any.

[0:15] Yes.

[0:18] I'd like to call this meeting to order. We'd like to welcome you tonight to the Town

[0:26] of Eager regular town council meeting Tuesday, September 1st, 1, 2026. We appreciate

[0:33] each of you being here. As far as roll call, we have everyone present. And if you

[0:39] will stand and join me in the Pledge of Allegiance, and following that, Bryce Burnham

[0:42] will give us an invocation.

[0:46] I pledge allegiance to the flag of the United States of America and to the Republic

[0:52] for which it stands, one nation under God, indivisible with liberty and justice for

[0:59] all.

[1:06] Our dear Heavenly Father, we are grateful tonight for this meeting that's been planned.

[1:12] We're grateful for the moisture that's fallen upon our land. We're grateful for that

[1:16] great blessing, and we ask that please continue to bless us with the moisture that

[1:19] we need to thrive. Please bless us that Thy Spirit will be present with us as we

[1:23] make decisions and discuss items regarding the town. Please give us that guidance

[1:29] we ask in the name of Jesus Christ. Amen. Thank you, Mr. B.

[1:37] All right, uh, summary of current events. Um, I'll just give a quick report. Um,

[1:44] I did attend the League of Arizona Towns and Cities, and it was a, a good, a good

[1:50] opportunity for me, a good experience for me. I questioned a little bit about a conference

[1:55] in Phoenix in August. I wasn't really sold on that idea, but it was good information.

[2:01] Um, I appreciated they had a keynote speaker. And she focused on treating people

[2:08] with dignity. And I really appreciated that. And, uh, and the focus was on, it's

[2:15] great that we all, all have differing ideas and opinions, but we need to treat each

[2:20] other with dignity. And just on a personal note, it seems like this week has been

[2:25] challenging for me. We have a big um family campout planned, and someone is in our

[2:32] camping spot, and that's hard for me. Anyway, if, if we can be uh reminded of, of

[2:39] treating each other with dignity. And uh one more quick note that was kind of funny

[2:44] and hopefully everyone will appreciate this. I'm talking with someone on the phone

[2:48] and From the sound of things, she is not from our region or part of the country here.

[2:56] And she said she was asking about my address. And asked if it was Eagerville. And

[3:02] I kind of chuckled a little bit. Anyway, I said, it's Eager, but maybe we might consider

[3:07] Eagerville, I'm not sure. Anyway, I did appreciate the, the, that conference, and

[3:13] I, I, I realized that big or small, we all face a lot of the same issues. Uh, one

[3:20] of the main, I, I attended multiple sessions on water in Arizona, and that They did

[3:28] say, you don't need to panic, but you need to be concerned about water, and I'm,

[3:33] I'm concerned about water. Uh, but it was, it was good information. But other than

[3:39] that, uh, council members, reports, anything you'd like to disagree with attended,

[3:45] uh, MACOG via Zoom. Eric joined me. He's the Thatch County representative, uh, woman.

[3:53] The, they've updated the economic development stuff you've probably seen that and

[3:59] um the big thing is we're hosting MACOG meeting here. Next month, the 19th,

[4:07] we gotta get that figured out October. We just started. No it's not learning.

[4:18] That'll be a, a tour on Wednesday afternoon and then the regular meeting will be

[4:23] in here on Thursday morning. So The whole council's invited to both events.

[4:32] That's the 21st and 22nd. Thank you.

[4:41] All right. Any other council members? All right. We will go to staff reports, Brandon.

[4:48] Yeah, mayor and council. The mulcher that was approved at the last meeting, we just

[4:54] got that delivered, so we should be able to start some more work in our right of

[4:58] ways. We've been spending quite a bit of time in our right of ways trying to, for

[5:05] the last 3 weeks, trying to take some of the dead trees out. Uh, there were

[5:13] A bunch of them and they're some of the very large old trees. Um, and it's kind of

[5:19] sad to see them go, but we have to get them down before they fall down and cause

[5:25] injury or, or damage infrastructure. So we've been, the guys in public works have

[5:30] been working on that. Uh, the public works director is unable to be here tonight,

[5:35] so I just thought I'd update you on some of the stuff that they've been doing. They've

[5:41] also replaced all the two of the solar lights on the south end of

[5:49] Main Street, all the 2 of the electrical lights with solar lights. Let me say that

[5:54] correctly. So They've got 2 more to do and they're, they've been ordered

[6:01] and as soon as they get here, they'll get those up. So we're gaining on that. That

[6:07] allows us to cut down some of those overhead service lines. It just looks a whole

[6:11] lot cleaner. And when, when they get those done, they'll also go and paint all the

[6:16] poles black like we have on the rest of all of Main Street, so that'll help out a

[6:20] lot. Been trying to keep up with the mowing. One thing with the rain is, it's hard

[6:25] to keep up with the mowing in the right of ways because those weeds grow fast. But

[6:30] we've been working on that. And Uh, that's about all I have for tonight. Thank you.

[6:38] Any questions for Brian? All right, David. So for budgetary wise, um, our cash position

[6:45] as of July 31st, we had just over $1.3 million in our operating account and just

[6:52] about $7.1 million in our LGIP, um, for a total cash position of $8.4 million. Um,

[6:59] we continue to do the $50,000 transfer at the beginning of each month from the operating

[7:04] into LGIP. And then all of our major funds, the general fund for and utilities, um,

[7:12] it is just beginning of the year, but we got the revenues in that we were expecting

[7:16] and the expenditures are where they should be for those that first month. So we're

[7:20] looking good.

[7:24] Questions for David?

[7:27] All right, Jessica. Uh, mayor and council, so we did put out that we received our

[7:32] youth sports grant, um, so we, we did receive $5000 for that to help, um, any

[7:40] youth in the area that's. If anybody all the way up to high school they can still

[7:45] either be 18 and in high school. Those can help with sports registration fees, some

[7:49] travel equipment, stuff like that. So that way you can have kids keep playing. Uh,

[7:54] currently working on Halloweenie, uh, the scarecrow contest we did move off Main

[7:58] Street and in CA we got our pond, um, so people can walk around and check those out

[8:03] up close. Um, David and I are working on our youth sports registration. We are assisting

[8:09] a lot of the youth sports here in the area, um, such as, uh, flag football and basketball

[8:16] at the moment. So we will be assisting them with registration. And then I'm currently

[8:20] working on looking for all the new law updates and then I will begin with res too.

[8:26] Or or to look at those over. You know that's all I have. All right, thank you. Questions

[8:32] for Jessica?

[8:34] All right, Britney, uh, Mayor Council, first thank you for your service, um, especially

[8:39] those that are stepping down. Um, I wanna thank Jen with the White Mountain Independence.

[8:45] Um, she reached out two weeks ago, but I don't remember that, uh, for a quote on,

[8:52] um, the utilities funds that the core community transition team had to put on. Um,

[8:58] and so you was mentioned in that we had received over $125,000 from that to help

[9:05] with different things, um, and so over the next write up on what those provided but

[9:10] also included easier on those, um, and then so just working on trying to find the

[9:16] other drift and other development that is working on coming in or interested in.

[9:24] Thank you. Questions for Brittany. OK. Do you feel

[9:34] Oh So I'm gonna take just a minute outside of our staff work.

[9:42] So, Del Thompson, we would like to formally thank you for your uh service as a senior

[9:48] officer. Uh, Del Thompson, Has dedicated over 1100 hours in the last 4.5 years with

[9:55] the CCPD. Um, I don't know how many. Calls for service he responded to this mass

[10:03] amount or amount, but uh I would like to have everybody please give Bill Thompson

[10:09] a round of applause.

[10:20] Mm Mayor of town council, this month, we had 20, 241 total incidents,

[10:27] 154 of those were calls for service, and then we had 87 monster uh initiated incidents,

[10:34] with 20 of those being traffic stops. We had, uh, 2 accidents this, this last month

[10:40] and then 23 reported crimes with 11 of those, uh, resulting in arrests. And the

[10:47] arrests range from reckless driving, extreme DUI, criminal damage, trespassing, uh,

[10:53] Disorderly conduct, animal cruelty, assault, DUI, and then some felony arrests that

[11:00] were, that the means of transportation, burglary, aggravated harassment, um, and

[11:05] failure to register as a sex offender. Uh, we are still awaiting the conclusion of

[11:11] two complaints that were referred to the Department of Public Safety. Um, once we

[11:16] have those sent to us, then we'll update the, the council of those and the findings.

[11:22] Some of our noteworthy information is on August 19th, we had the walk to school event

[11:27] for the primary school, and then on August 19th as well, we had the Chief's, uh,

[11:32] Community Advisory Board where we discussed, uh, block counters. Um, we'll be putting

[11:38] out a statement on those later on, um, what we kind of discussed. And then on August

[11:44] 24th, um, Administrative Assistant Hayley Lancaster started with us.

[11:52] Um, she's been, this is day 6 and she's already taken off very well. Um And then

[12:00] we're in the final stages of transferring everything to the show the dispatch center.

[12:05] And the last thing that I have is uh on the 22nd sort of. Mhm.

[12:12] The Mount Valley Police Department.

[12:16] Any questions? Thank you. Any questions, Chico? All right, Chief Pen.

[12:26] Mhm

[12:28] I'm sorry, there's something on the 24th of the 22nd.

[12:33] 0, on, on, on the 22nd, Sergeant called resigned from my, from my place.

[12:41] Chief Penroke, uh, so we're pretty busy in August. It says here 68, but by the end

[12:46] of the month we're up to 81. I think that's our highest number we've had. So it's

[12:50] picking up. Um, we had two major MBAs. Uh, it says 2 cardiac arrests on here, but

[12:56] we had another one by the time this was done. We got the new equipment that we, uh,

[13:01] that we got with opioid finding. We had that all in service and ready to go, so we're

[13:05] able to utilize that on those calls. Um, we use our, our resources twice to transfer

[13:11] people to the level electronic centers. Um, our wildland stuff was pretty busy. We

[13:16] sent my truck with Brandon up to Oregon to the road fire. Uh, our UTB team got deployed

[13:21] as a RMS 3 out to Oregon with the grasshopper fire in our brush truck right now,

[13:26] brush 151 is currently in Oregon with Arizona Task Force 7708. And the last I checked

[13:32] on them, they were on the McCauley fire right now. Uh, Robert did 3 fire inspections.

[13:37] Uh, we've continued our cadet trainings on Fridays. We've been our guys are going

[13:42] through their EBOC training, their emergency vehicle operator training. We got the

[13:46] striker stuff in service, the Lucas mechanical CPR stuff in service just to try to

[13:51] use them on those calls, which worked out great. And then with the REMs 3 team going

[13:56] out, we've been putting a big emphasis on ropes and knots and that kind of stuff

[14:00] at the station. Um, did some airbag lifting and stabilization training and some traction

[14:05] split stuff. Um, at the station, we're working on some roof leaks that we're trying

[14:10] to track down. Um, got some flags hung in the bay. Um, we got the inside of the bay

[14:16] painted. We did that ourselves. And then one of the main things we uh loaned out

[14:20] an engine to Bernon Bernon's been awesome about helping us out as far as burns and

[14:25] staffing and that kind of stuff. We have an extra one that we're out of, out of engines

[14:29] over there, so one of our engines is over there. Right now and they're attached to

[14:33] yourself there's a letter from their chief and you guys were sending it over to them.

[14:39] Uh, the burn piles we started on those today. We got one done. We're gonna do one

[14:43] tomorrow, maybe the next emergency, so we're gonna start working on some of those

[14:46] ones.

[14:49] Right. Mayor council, uh, REMS is a rapid extraction module. It's a medical team.

[14:58] Thank you.

[15:02] Are you inferring that we didn't know that? Thank you. Yeah, thank you, yeah.

[15:11] Thank you. Uh, any questions for Chief P? All right. Thank you. Moving on to item

[15:18] 6. Open call to the public. And if you would be reminded if you are here to speak

[15:24] on another agenda item, if you would wait till the public meeting portion to address

[15:29] that issue, that'd be greatly appreciated. Uh, item 6, open call to the public. Any

[15:35] citizen desiring to speak on a matter that is not scheduled on the agenda may do

[15:39] so at this time. Comments shall be limited to 3 minutes per person and shall be addressed

[15:44] to the town council as a whole and not to any individual member. Issues raised shall

[15:49] be limited to those within the jurisdiction of the town council. Pursuant to the

[15:53] Arizona Open Media. Law, the town council cannot discuss or act on items presented

[15:58] at this time. At the conclusion of the call to the public, individual town council

[16:02] members may 1, respond to criticism made by those who have addressed the public body,

[16:08] 2, ask staff to review a matter, and 3, ask that a matter be placed on a future agenda.

[16:14] Open call to the public.

[16:21] Mayor council, I know you've missed me, so I, I do, I wanna, um,

[16:29] Same thing Brittany said that thank you for your service for the last 4 years for

[16:34] the shows that you're doing and good luck for those who are coming. Um, it's wonderful.

[16:40] School started great. Um, I went on the open houses and I've been through the high

[16:45] school quite a bit. Um, all of our teachers and aides and paraprofessionals all seem

[16:52] just tickled to death to be back to work. Um, they are all so passionate. It's just,

[16:59] it's wonderful to see their passion for what they, uh, what they do all the time.

[17:05] Um, if you never walked through our primary school and our elementary school, I urge

[17:12] you to call the principal and do that. If you've never been in the kindergarten,

[17:18] well, the whole primary school, those people, they, they put a lot of work into those

[17:22] classrooms. They're just pretty astounding, what they have in there. I remember when

[17:28] I went to school, cause that was a long time ago, you know, the walls were some sort

[17:32] of an upbeat beige gray color, and we had those old desks and that's it. Now, you

[17:39] know, we got rugs and we got stuff all over the walls and uh I don't know how you

[17:44] could not learn in these classrooms, so, um we had our our first home game last week,

[17:52] we won. You know, that always makes it a good game. Football game. We've also had

[17:58] soccer. I don't think soccer did as well, but um. Um, I, I really pray for a

[18:06] really great year for you as a counselor. Thank you. Thank you.

[18:21] I'm Monica Baining, an eager landowner and 44 year resident of Brown Valley. Good

[18:26] evening, Mr. Mayor, councilors, and staff. I've been very engaged the past 29 months

[18:32] with the renewable energy industry proposals here in Southern Apache County. At no

[18:38] time have any citizens ever expressed opposition to a biomass energy plan. In fact,

[18:44] we've been pushing the county to include biomass in the renewable energy ordinance

[18:48] since early 2025. Eager residents will recall the biomass plant located on the old

[18:54] sawmill property back in the mid 2000s. I applaud those past landowners and business

[19:00] entrepreneurs for that endeavor, but it was noisy to the land, to the neighbors and

[19:05] had its issues because they used. Pre-existing sawmill equipment not designed for

[19:10] biomass, but new opportunities are opening up now to try it again with better modern

[19:17] technology designed to make biomass plants more clean and efficient to one more clean

[19:21] and efficiently just in the last 33 days. The Forest Service has promised a long-term

[19:28] plan to offer a minimum 500,000 green tons of biomass each year from forest thinning

[19:34] work. That's in addition to all the dead trees on federal, state, tribal, and private

[19:39] lands, as well as more trees being cut for grassland, woodland, and watershed restoration

[19:44] projects and wildfire protection work underway, and more planned on all ownerships.

[19:50] And in all the, and add in all the tree and trimming waste being piled into waste

[19:55] transfer stations and community burn pits. The Novo Bio Power plant in Snowflake

[20:00] is at capacity. They, the Forest Service, State Department of Forestry and Fire Management,

[20:05] and Eastern Arizona Counties Organization all agree another biomass plant is needed

[20:11] now, as has been reported in at least 6 last, uh, local news articles from January

[20:17] through last month. Like, The USDA Powering Affordable reliable Energy program. In

[20:25] fact, that program provides loans for projects that generate or store electricity

[20:30] from three eligible renewable sources hydro, geothermal, or biomass. Individual awards

[20:36] will range between 1 and $100 million with loan forgiveness possible. To 40% they'll

[20:43] be accepting letters of interest from September 8th next week through October 9.

[20:48] The vast majority of Southern Apache County citizens know that using woody and green

[20:53] waste debris from responsible forest and land management makes the most sense here

[20:59] to reduce fire hazard, maintain healthy habitats and watersheds. Offer beautiful

[21:04] landscapes for visitors and residents alike and generate electricity all as one smart

[21:10] job. That's a win-win for everybody, and we would support a biomass plant here far

[21:16] better than the wind or solar projects being proposed. Thank you for your time to

[21:20] speak.

[21:24] Mhm Yeah

[21:32] All right. Moving on to 7, consent agenda, 7A Town

[21:40] council minutes, discussion of possible action to approve the meeting minutes from

[21:44] August 2026. That's Jessica. And 7B July 2026

[21:51] financials discussion and possible action to approve the August 2020 to approve the

[21:57] July 2026 transmittals, checks written, payroll direct deposit vouchers and credit

[22:04] card purchases. And 7C. July 2026 financial report and sales

[22:12] tax report. Discussion possible action to accept the July 2026 financial report and

[22:19] sales tax report, and that's David. And item 7D, discussion on possible action to

[22:25] approve a proclamation declaring September Ovarian Cancer Awareness Month, and that's

[22:31] Jessica.

[22:36] Any questions? And if not, do I have a motion? Move, move the consent agenda. OK.

[22:43] Motion has been made and seconded to approve the consent agenda as presented. All

[22:48] in favor of that. Aye. Any opposed? Motion carries. Presentation, uh, item 8,

[22:56] presentation of council members. Um, this is thanking the outgoing council members.

[23:04] Good. Come up with. You got

[23:10] We can all come up as a group and I'm gonna talk to about you individually and then

[23:14] we'll, we'll uh

[23:25] Amazing.

[23:31] I'm gonna clump the two guys together. They're on the light. I hope we understand.

[23:38] These guys have a lot going. They've got family obligations, work obligations. They'd

[23:43] like to have a little bit of time for themselves. They, they've given up some of

[23:48] that to serve our town, and we really appreciate them, and I appreciate They're,

[23:55] they've given our community members a voice through these guys up here, and they've

[24:00] taken that job seriously. And I, I, I can't stress enough. Um, people will say, oh,

[24:07] they meet once a month. They meet once a month, but they think about things daily

[24:13] for who knows how long, and they're, they're working on things in their mind. They're

[24:18] discussing with people, issues, and, and so they've, they've done a great service,

[24:23] not to everybody here. They, they've done a great service to our town. We appreciate

[24:27] them. We would like to first recognize Brandon Slade. Thank you.

[24:39] Ray Ray Hamble.

[24:47] Say a quick word about Marsha. I love her.

[24:54] She doesn't care who you are.

[24:57] What's going on in her mind, she will let you know. As far as being a politician,

[25:03] she's not that. She lets you know right up front where she stands, and she's not

[25:08] gonna budge on that. And like I said, she's, she's the same and that she's been valuable

[25:13] to our community because she's given people a voice in the town, and we appreciate

[25:17] her and, and, uh, all good things must come to an end, but we really appreciate her.

[25:22] Thank you very much.

[25:42] Yeah, that's.

[25:48] Just. Just like that, they're gone. Wow. Oh, that smiles

[25:56] on their face.

[26:00] Mm All right, we're moving on to Um, item 8B, swearing in of our new council

[26:08] members. Elected town council members, Reggie Peterson, Robert Ray, and Dale Thompson

[26:14] to take the oath of office. That's Jessica. Well, not,

[26:28] Thank you I'm gonna set this right here for a second.

[26:35] OK.

[26:40] Mhm OK. Please raise your right hand. I state your name.

[26:49] Do you solemnly swear or affirm

[26:53] that I will support the Constitution of the United States

[27:00] and the Constitution and laws of the state of Arizona and the Constitution and laws

[27:04] of the state of Arizona that I will bear true faith. And I will bear true faith and

[27:09] allegiance to the same, allegiance to the same, and defend them against all enemies

[27:14] and defend them against all enemies, foreign and domestic, and I will faithfully

[27:19] and impartially discharge and then I will faithfully and impartially discharge. The

[27:24] duties of the office, the duties of the office of the town council member, of town

[27:29] council member according to the best of my ability, according to the best of my ability.

[27:34] So help me God. So help me God. Thank you.

[27:49] You sit down. Yeah, sit down. I got you, Dale right here. I have Reggie here and

[27:55] I have Robert there.

[28:00] Keep me in line. All right.

[28:08] Usually I've never said this. All right. Moving on to item 9, presentations, 9A,

[28:16] presentation of certificates, uh, presentation of certificates to the Bastards mural

[28:21] participants.

[28:27] We have a GI here and then let me know. So you can um

[28:36] yeah so

[28:41] You stay on track as long as you stay right here at the end.

[28:47] This really is a nice addition to the town. It, it is a really cool piece. I'm, I

[28:52] really am impressed with it and thank you. So I wanna thank Brandy and Arena for

[28:58] taking over that um we received a grant through um SRP help to do this mural as part

[29:06] of a tour. To try and bring in more tourism in and then create attractions um and

[29:12] so. Of course our local high school arts teacher and then Brandy has done several

[29:17] works of art in town, um, and so they were the masterminds behind getting this. They

[29:22] found the kids they interviewed them, um, I'm sure Jackie could tell you it was quite

[29:27] a process and they had to apply for it and stuff, um, but these guys got it done

[29:32] in, I think it took 2 weeks total by the time you got it up on the wall and everything,

[29:39] um, but we think it's a great addition. So thank you very much and like I said.

[29:45] We don't, we don't have a list of those others. I do. So, um, other kids that were

[29:50] involved were Hunter Blitz, um, Adrian Marvel, Aiden Finch, Jenna Blunt, um, Robin,

[29:57] Seth Edward, and Dorothy. Um, and so some of them are at college, so we will give

[30:02] those to their parents and stuff, um, and then the other ones we will try and coordinate

[30:06] with the school, but They are active members of our community, so they had worked

[30:10] in sports and different so thank you thank you thank you.

[30:22] It's not right. I see.

[30:32] All right. Item 9B. Round Valley Unified School District update on maintenance and

[30:38] operation budget override continuation, Slade Morgan and Cass Pond.

[30:45] Mm.

[30:53] Thank you.

[30:59] So yeah, I don't know what we're doing.

[31:05] It's

[31:09] It I

[31:18] Uh, mayor and council, uh, my name is Save Morgan. I'm superintendent of Round Valley

[31:21] High School District. Um, Caston, business manager, he's setting up the presentation

[31:27] over there, hopefully we'll, we'll get it going. I wanna echo what, what's been said.

[31:30] We appreciate your support over the many years, um. This evening, we just wanna provide

[31:37] information for upcoming uh maintenance and operation override continuation, uh,

[31:44] how the measure coming up in November. I know that's a mouthful. Um, our goal here

[31:49] is to explain what exactly this is. Uh, this is not a new tax. Um, and also

[31:56] explain, uh, what it means for, uh, community-based as far as tax and what a yes

[32:03] vote would mean and then what a no vote would mean. So, we'll go ahead and start

[32:06] with Mr. Pond here.

[32:15] Perfect. Awesome. There we go. There we go. OK, so, as we get started talking about

[32:22] this, this is a, uh, maintenance and operation override, and I know a lot of people

[32:28] think, well, it didn't we just do this? Well, a couple of years ago we did the bond.

[32:33] Bond is a little bit different where we went out to get a bond to help with our buildings.

[32:38] This override is different. It can only be spent on salaries and benefits and. The

[32:44] operation of our buildings, right? And, and so it's different. Next thing, uh, question

[32:50] comes up, well, didn't we just do this? Uh, yes, uh, we have to renew it every 5

[32:57] years, and if we don't renew it within 5 years, then it reduces over the period.

[33:02] And so this, as we talked about it, this is a continuation, uh. Vote and uh we

[33:10] have had the same override for the last 15 years. And so, getting into what this

[33:17] means and, and the details of it, our M&O budget that we have currently right now

[33:22] for the 26, 27 year is about 11.3 million as you can see up there. And so, the override

[33:29] is 15% of that, so, uh, our estimated override this year is about the 1.47. So

[33:37] if the election did not pass, then we would have to reduce that $11.3 million by

[33:44] that $1.4 million there.

[33:49] OK, so, how does this affect us? And so, uh, the, the estimation, it says there,

[33:56] but, uh, for a homeowner or a property owner, uh, The, the detail that we give it,

[34:03] it, it's, it's 40 cents per $100 of the assessed value. And so we're gonna calculate

[34:09] that if you had a property or land or whatever that's $100,000 you take that, you

[34:15] divide it by 10 to give you $10,000. and then you multiply that by the 40 cents,

[34:22] so it estimates to be about $40 per year. So if you had a home that was $300,000

[34:29] then for the market value, you're looking at probably paying about $120 a year. And

[34:35] so that's, that's what it, it is, and as I said, that's about what we've been doing

[34:41] for the last 15 years and we've had this so.

[34:48] So, I'll explain what a yes vote would mean and then what, what a no vote would mean.

[34:52] Um, a yes vote would mean that um taxes would stay approximately the same. Obviously,

[34:58] we know property values could change, um, maintain staffing, uh, within our enrollment,

[35:06] our class sizes, um. We want to continue to keep and grow all of our extracurriculars,

[35:14] whether that be our music programs, or sports programs. Uh, our vocational ed, um,

[35:21] and just all of our extracurricular activities. Um, as far as the community and what

[35:27] it means, um, You know, we partner with many youth programs that use our facilities,

[35:35] uh, our fields, we name a few up here, our youth football, flag football, AYSO, youth

[35:41] basketball, Little League, um, and just other community events which, you know, we

[35:46] do have rates that we do charge for, uh, our fields and our facilities, but, you

[35:52] know, if it's a community event, we, we take that in consideration and charge a much

[35:57] lower fee. Uh, next one. So a no, no, no vote would mean that

[36:05] we would have to phase out that override over the course of 3 years, um. If we get

[36:10] a no vote this year, that would mean we'd have to cut out um nearly a half a million

[36:15] dollars uh going into next year. Um, what that no vote could also mean is staff reductions,

[36:22] larger class sizes. Uh, we'd have to look at being more efficient with our, our buildings,

[36:29] uh, possible closure of some schools, um, the dome, uh, reduce, uh, utilities.

[36:36] Um, we did go out and we, we received a turf grant, um, last couple of years, which

[36:41] has helped with, uh, a lot of our water usage, but we still have several fields that

[36:47] we maintain. Uh, reduced in extracurricular funding, um, where we might have to increase

[36:54] our student activity fees. And again, talking about our relationship with the community,

[37:00] loss of different facility uh usage for those. Um, so, we, we, we realized that this

[37:08] presentation is brief. Um, we want you guys, if you have additional questions, uh,

[37:13] we have our email address. Um, on this page, which we'll leave a stack of these in

[37:19] the back as well. Um, it goes for the community as well. We're willing to talk to

[37:23] anybody. We, we don't, we're not the type of folks that just get up here and just

[37:28] give some information. Uh, we're all about dialogue. Uh, we realize that, um, you

[37:34] know, times are tough. And, you know, you guys as taxpayers deserve um to have that

[37:40] communication and to have your questions answered. So, uh, any questions from council

[37:46] this time?

[37:53] Again, we, we appreciate it. We'll, we'll leave these in the back and please don't

[37:58] hesitate to reach out to us. We certainly appreciate that. Thank you very much. Thank

[38:02] you.

[38:13] Great.

[38:22] All right. Item 10 A appeal regarding conditional use permit. Do I have a motion

[38:27] to move into a public hearing? I'll make a motion. We move into a public hearing.

[38:31] Second motion has been made and seconded to go into a public meeting. All in favor

[38:37] of that.

[38:39] Any opposed? Motion carries. Um, public hearing A, discussion to hear an appeal and

[38:46] cons and consider an application from Lucas and Candace Luna for a conditional use

[38:51] permit. Uh, conditional use permit, 2026-6 to allow an RV park and RV

[38:59] storage to be created in an industrial zoned area at 975 Southwater Canyon Road.

[39:06] Brett? Uh, this is kind of split into two things. This first part is a public hearing.

[39:12] Um, and then we have after the public hearing, uh, a chance for the board to discuss

[39:19] and any possible action. So for the public hearing, I think, uh, we can open it up

[39:25] for the public to hear, hear their positions and then, uh, then we can have a separate

[39:31] discussion among the, the board members. I guess I, for those that are new here,

[39:35] this is a, uh, An appeal from a planning and zoning decision last month, uh,

[39:43] the council decided to not just Uh, say that the planning and zoning position stands

[39:49] but decided to actually have a public hearing on it, hear the evidence, and then

[39:54] make its own decision. So what's gonna be decided or what needs to be decided is

[39:58] either one to uphold the planning and zoning decision which denied the conditional

[40:02] use permit for the RV park and storage facility or to allow the conditional use.

[40:08] Um, permit to go forward for the RV park and storage. Or the third one is you could

[40:14] apply additional, uh, conditions on the conditional use permit. So you could allow

[40:19] it, but we want to see some additional, uh, conditions for the permit. Those are

[40:23] kind of your three options here. Uh, so you are acting now as almost like an appellate

[40:28] court, you know, you're, you're reviewing a Decision that was made already by planning

[40:32] and zoning and, and making a decision on whether you agree with it, whether you don't

[40:36] agree with it, or whether you wanna see some additional uh uses on there. And I guess

[40:41] in, in your package just to reiterate, there's a lot of other uh proposed facilities

[40:46] and conceptual plans and things, but what's on the agenda today is only the RV park

[40:51] and RV storage. That is what this is limited to, and some of the concerns, uh, before

[40:57] planning and zoning had to do with, uh, water usage, traffic, fire protection, things

[41:03] like that. Um, under the code, a RV park is allowed, but it has to

[41:10] be approved through this process, through a conditional use process. So, that's where

[41:15] we are here tonight.

[41:20] All right. Public hearing.

[41:26] Jessica, remind me, is this, we have a time limit? OK. All right. So I guess at this

[41:33] point it's open to the public to hear, uh, hear any positions on this.

[41:40] And if you please state your name, that will help you. Thank you, Mayor council.

[41:46] My name is Lucas Luna. We're the ones that applied for the permit. I'd like to spend

[41:50] a few minutes talking about why we are looking for the permit to be approved. Um,

[41:56] we do have a brief presentation. It won't take very long, but truth of the matter

[42:01] is, um, we did present this to planning and zoning. You can go through the minutes.

[42:06] There was not very many legitimate reasons for the decline. It was more emotional.

[42:11] than it was legitimate to any one or multiple issues. Um,

[42:19] 2, we have Like she, like we stated, it is completely legal within the property

[42:27] in the current zoning. The next thing is we do understand that there is surrounding

[42:34] neighborhoods and as you heard here tonight, when there was previous industry at

[42:39] that property, it was disruptive to the neighbors. Based on the physical location

[42:44] of the property, I don't think that's ever gonna be something that the entire community

[42:49] there will ever agree with. And so, the truth is, is, you know, from our position,

[42:55] this is probably the least intrusive use of the property. In the event that major

[43:02] industry was to come to the area and want to use that property, we are open-minded

[43:07] people. We do run a large business ourselves. Putting an RV park is probably the

[43:12] least intrusive to have to remove if a major industry came and showed serious interest

[43:18] in the property and wanted to pursue purchasing it. I'm not saying that's what we

[43:22] want to do. I'm trying to explain that we are doing the least intrusive type of business

[43:28] at the property with the idea if something major was to come to town, we would also

[43:33] stand behind and support it. Um, next, as you guys see, just with the mural

[43:41] itself, you guys do have a push for tourism. Your general plan for the community

[43:47] is based on that. This property completely supports that. I cannot see why that is

[43:53] in conflict with anything happening in the town and what's not happening at the property

[44:00] in its current use for over 3 decades.

[44:04] This project in no way, shape or form will burden the utilities of the town. It's

[44:10] completely funded by us without a need for any grants, loans, anything of that type.

[44:18] The water, the sewer, we will put it in ourselves if the town is unable to support

[44:24] it. We would like to pursue the conversation with the town, but if that's not an

[44:29] option, we're perfectly fine doing it ourselves. Without being a burden to the county.

[44:36] Um, the last thing is, is this will also supply jobs. Not only at this

[44:44] property, but multiple businesses throughout the town. I've been coming in and out

[44:49] of this town for 30 years. I've had a home here for 20 years, and every time I come

[44:55] up here, I get stuck behind RVs and ATVs coming to spend their weekends and their

[44:59] summers up here. This supports them. If you look at the screen, it's a quick rendering.

[45:08] This is not part of the cup, but it's part of the project. And our commitment is

[45:13] that we will not break ground unless we are fully granted the cup because we don't

[45:18] believe in doing anything halfway. And so we already know that based on the current

[45:24] use of the property, half of the project can be executed without the cup. We are

[45:29] not willing to spend this kind of money without this whole thing. This is the sawmill

[45:34] building rendering. It shows it being remodeled and up to use for a community center,

[45:42] have a restaurant inside of it that can be used for any events in the community as

[45:47] long as alcohol is not on the property. It's a family-friendly environment. If you'll

[45:53] go to the next slide. This just shows you quick examples of the interior of 1st floor

[46:00] and 2nd floor, approximately 71,000 square feet of usable space, which is by far

[46:07] larger than anything in the community that exists today, that can be opened and used

[46:12] for any business, any personal event, any community event, any training for anybody

[46:18] that needs to use the property. Next slide. The green area specifically addresses

[46:25] the cup where we are asking to support 200 RV spots and 200 RV storages.

[46:33] The pink area represents the existing structure and 100 cabin rentals that are

[46:41] also already approved by the current zoning.

[46:46] Next slide This is just an aerial of the same property. Next

[46:54] This shows you that, yes, there are other RV parks in the spot. There are RV parks

[47:00] that are putting 100 spots on 15 to 20 acres. We're asking to put 200 spots on 80

[47:07] acres, a completely different animal. We're not trying to jam them in there like

[47:11] sardines. We're not trying to overpopulate the area. We're trying to make good use

[47:16] of the land, give people a little bit of space and comfort to come and enjoy their

[47:20] weekends and spend their money here. Next This shows you The cabins and

[47:28] how there's it's again sized appropriately, plenty of space between class please.

[47:35] This is an example of what the cabins would look like. And then the last one, this

[47:41] just gives you a snapshot of what the inside of the facility would look like when

[47:44] we're done. We're not standing up here as people who have not done this before. We

[47:49] own a construction company. If you walk in any of our offices in 4 different states,

[47:55] that's exactly what the inside of our offices look like. So, I'm not sitting up here

[47:59] pretending to do something. I'm not asking to do something we've never done before.

[48:04] We've done this plenty of times. We are very, we live and breathe ourselves in small

[48:09] town America. We completely understand. The environment, the mentality towards this,

[48:16] but we also understand that this is a great place with a great future and it doesn't

[48:23] matter what we say, tourism is what's going to win in this area. There's too many

[48:28] positives and amenities that are in the immediate area that compliment tourism, um.

[48:35] Based on industry, if you look at the limits to railroad, easy in and out of not

[48:42] only just the town, but this property specifically for major industry, this does

[48:48] not support that. The other issue with this land is when it was in its prime, it

[48:55] was on the outskirts of town. That is not the case anymore. This property in from,

[49:01] in terms of industry is too big to do anything small and too small to do anything

[49:08] big. But in the event somebody came in here and absolutely provided evidence that

[49:15] there is industry that would work at that property, us along with the city would

[49:20] be the first people to jump on board with supporting that if they brought more jobs

[49:24] and better paying jobs than what we're gonna offer. And that's our mentality. So

[49:30] I appreciate you guys hearing me. If there's any questions, I'll answer them to the

[49:35] best of my ability. Sir, I got a question. So did, did I understand you right? If,

[49:39] if this, uh, conditional use permit is not passed, then you will not develop anything

[49:44] else. I'm gonna do is clean the property and leave it as is, OK. If, if we even clean

[49:49] it because it is a massive undertaking. It's a lot of money just to clean it. We've

[49:54] been out there, we closed on it a month ago. We've been out there quite a bit since,

[49:59] and it is not a small task to clean up what was left out there.

[50:04] So, uh, uh, if I understood correctly, uh, so the zoning did pass for the cabins

[50:10] and the, the zoning does not need to be passed for cabins that's already included.

[50:16] So, so right now it's with some questions, the RV spots, yes sir, OK, just the RV

[50:22] and the RV storage. So if RVs weren't. Able to do so with the others still go forward

[50:29] or it's gonna change it? OK. No, because it, it, it, you need both to be able to

[50:34] support the, the infrastructure build that we would have to come out of pocket to

[50:38] do, and we cannot do that alone on, on 100 cabins and just the building. And I did

[50:43] get your invite. I apologize, didn't make it to the, to the, uh, viewing of that

[50:48] yesterday, but, uh. Thanks for good information. We're, I, I promise you we're business

[50:55] people. We, my wife and I have owned a construction company for 20 years. We built

[50:59] the biggest and best things in our entire country NFL stadiums, soccer stadiums,

[51:04] chip factories, data centers, you name it. We've built it. We understand how that's

[51:08] not wanted in a small community. That's why we chose this project for this plan.

[51:14] How long is the construction, do you think from when you start to RV opening from

[51:21] what we saw, from what we've seen in the last month is a year at minimum of cleanup

[51:26] and getting the utilities orchestrated to be able to do that. You probably have just

[51:30] as long to get all of the designs to be. Able to pull permits. I unders I heard earlier

[51:35] that somebody was concerned about fire hydrants. Of course, that would have to be

[51:39] in our plan. We can, we cannot pull a permit or move on to the property without every

[51:44] check, every box being checked. And so that design phase would take 1 year. Construction

[51:49] at minimum would take 3.

[51:53] How much is it gonna cost? Anywhere from $15 to $20 million to do the whole thing.

[52:01] That's why we're not willing to do half if that makes sense. I have a question. Yes,

[52:05] sir. Did you take the police into account when you, uh, designed this? Explain that

[52:11] please. Uh, you know, you're talking about bringing about 2 to 400 extra people into

[52:16] the community. Uh, did you take the policing of that to account? Well, I mean, ultimately,

[52:23] no, I will tell you no because we have not sat down and had a conversation with anybody.

[52:37] Any other questions for counsel?

[52:42] I appreciate you guys hearing this out. Thank you guys so much. Thank you.

[52:54] Good evening, Mary Council. For those that don't know me, my name is Christy Penrod,

[52:57] and I serve on the town of Eager Planning and Zoning Commission. Our chairperson,

[53:03] Commissioner Slade was unavailable this evening, so I was appointed to appear on

[53:06] behalf of the commission regarding CUP 2026-6 and our decision of the July 2020 July

[53:14] 14, 2026 planning and zoning meeting. In a nutshell, all 6 commissioners were present

[53:20] for that hearing. After hearing from the applicants, reviewing the information provided

[53:24] by staff, receiving substantial public comment, and discussing the application, the

[53:29] commission voted unanimously to deny CUP 20. 26-6. So you have a handout in your

[53:36] packet that lays out some of the reasoning and the applicable provisions, the town

[53:41] code and general plan that we utilize to review our decision. Won't read it to you

[53:46] tonight, but I do want to explain what drove our decision. So first, I wanna clarify,

[53:51] uh, and I think it already has been, what was and what was not before us. So the

[53:56] Lunas have a much larger and frankly very exciting vision for the, um, old sawmill

[54:02] property. But the CMP wasn't um specific or the CMP wasn't, sorry, excuse me,

[54:10] um, the CMP wasn't for their entire plan, right? So it wasn't for the pretty building.

[54:14] And for, um, you know, the rest of the recreation for the for the hotel motel style,

[54:21] uh, tiny homes or cabins, it was for 200 RV storage spaces and 200 RV park spaces.

[54:28] So the Lunas can proceed with those uses otherwise permitted um without the CUP including

[54:34] their plans for that building. I, I do want to note that I asked Mr. Luna at the

[54:39] planning and zoning hearing if he would continue with the other parts of his project

[54:42] if we denied the CUP and at that meeting, he told me yes. Um, so I wanna say something

[54:49] personally about the project because I understand the appeal. So before the hearing,

[54:54] I took the time to personally tour the property with Mr. and Mrs. Luna. I wanted

[54:58] to do my own research, understand their vision, walk the site, do my due diligence,

[55:03] and I loved parts of it. It's, it's really cool. It's a very cool plan. I was. Genuinely

[55:08] excited about someone wanting to invest that much mon um money, time and energy into

[55:12] Eager. I particularly fell in love with the idea of bringing that old sawmill building

[55:16] back to life. I think the recreation component is really cool. I understand why people

[55:22] look at this proposal and getting excited, but basing a decision on that would be

[55:27] emotional. Our job isn't to decide whether a project is really cool or whether that

[55:32] um we like the applicant's vision. Our job is to determine that the um whether the

[55:37] specific conditional use requested is appropriate under our code. So there's been

[55:42] a lot of discussion about anything um that's allowed in the commercial zoning being

[55:48] allowed in the industrial, and that's not quite what our code says. So the industrial

[55:52] code says that the permitted uses in C1 may also be permitted in. I want, however,

[55:58] RV parks are addressed separately. So, um, under Chapter 18.60, it says that RV parks

[56:05] may be permitted by conditional use permit, and that's, that's for um commercial

[56:11] and industrial. So a CUP means that the town has said essentially, this might be

[56:17] appropriate here under the right circumstances, but we need to look at it individually.

[56:22] So that's why our town code tells us to consider the purpose of the district, the

[56:26] general plan, compatibility, infrastructure, circulation, traffic, and most importantly,

[56:31] health safety and general welfare. Um, industrial land is an extremely limited resource

[56:38] in Eagre. Our general plan identified approximately 281 acres of industrial, um,

[56:46] of industrial zone land. That's only about 4% of the town's land base. The general

[56:53] plan tells us um also why this land category exists and it says to provide locations

[56:59] for the employment uses that are necessary to support the growth of industrial and

[57:04] manufacturing needs. We also have to look realistically at what happens if most of

[57:10] this parcel is committed to 200 RV storage spaces and 200 RV parks. Spaces that's

[57:16] big, right? That's, that's really big. So once that occurs, the likelihood of this

[57:20] property returning to any meaningful industrial use becomes very small when you combine

[57:25] that development with recreation and hospitality uses like the, the revitalation

[57:31] of the old sawmill. Building we risk fundamentally changing the character of that

[57:35] area from an industrial employment area to a recreation and tourism corridor and

[57:40] that's a major long term land use decision. I don't think that a CUP should allow

[57:46] us to make that transformation accidentally. The commission also considered what

[57:51] type of economic development the general plan asked us to encourage. There is no

[57:55] question that this project could be financially successful for the applicants. I

[58:00] hope that all of their ventures are financially successful, but private economic

[58:04] success and community economic development aren't necessarily the same thing. An

[58:09] RV park can certainly bring visitors who purchase fuel, eat at the. Restaurants and

[58:13] spend money locally that does have value, but we have to compare that with what industrial

[58:18] land can produce permanent employers, year-round jobs, potentially higher wages,

[58:23] manufacturing and commercial activity, and a more diversified tax base. The general

[58:28] plan specifically calls for employment generation uses, diversification of town revenue

[58:33] streams, and increasing employment and wage levels. There's also an important distinction

[58:39] with um longer term RV occupancy. My understanding is that once an occupancy exceeds

[58:45] 30 days, the applicable lodging slash bed tax um treatment changes and the town no

[58:51] longer receives that revenue in the same manner. So we have to ask, what does this

[58:55] land use contribute to EGR over the next 2030, or 50 years, and is that consistent

[59:01] with the economic development, um, of our general plan? I also heard some version

[59:07] of, it's their property, they bought it, they should be able to do what they want

[59:11] with it. I absolutely respect private property rights. But zoning itself exists because

[59:17] property rights don't stop at a property line. Every, every property owner in and

[59:21] around this area also made decisions based upon the known land use framework. So

[59:27] property owners knew that this property, that the property surrounding it was zoned

[59:31] industrial. and within an area that um was governed by the towns that adopted land

[59:36] use designation they knew what kind of uses could occur as a matter of right and

[59:40] what uses would require additional discretionary approval. That predictability matters.

[59:46] A neighborhood, um, a neighboring property owner has the right right to rely upon

[59:51] our zoning and know what could potentially go there. Granting a CUP changes that

[59:56] known environment. It doesn't mean we can never approve one. That's precisely why

[1:00:01] they exist, but it means that we have a duty to consider the effect on all property

[1:00:05] owners. So maybe the most importantly, um, we get to um our practical concerns. So

[1:00:12] at the time of our review, there remain significant questions regarding water, sewer,

[1:00:16] traffic. Patterns, um, ingress and egress and secondary access. Staff identified

[1:00:22] potential water concerns, the need for a sewer extension potentially, and an undetermined

[1:00:27] exit towards Main Street and, um, school bus route that required further review.

[1:00:34] The applicant's own materials indicated that water testing was still underway and

[1:00:37] sewer capacity was still being. Evaluated a proposal involving 200 RV

[1:00:45] spaces, those aren't minor details. Our code doesn't tell planning and zoning to

[1:00:49] ignore those questions and assume they'll be figured out later. The purpose of it

[1:00:53] of the CUP process is to um protect the health, safety, convenience, and general

[1:00:59] welfare of the community and adjacent properties. Um, at our, at our hearing, we

[1:01:05] also received substantial public comment, and most residents who spoke expressed

[1:01:10] concerns with the project. Public opposition alone is not a reason to deny a CUP

[1:01:15] and, and we didn't treat it that way, but listening to residents is part of the process.

[1:01:19] Their, uh, comments helped us identify concerns that we had, um, and then a, um,

[1:01:27] discussion and evaluation of those comments. I take this appointment very seriously

[1:01:32] and I know the commissioners do it as well. Town council selects and appoints us

[1:01:37] to planning and zoning, and you ask us to study these applications, learn the code

[1:01:41] and general plan, listen to the applicants and residents. Visit sites when appropriate,

[1:01:46] ask difficult questions, and make recommendations that protect the long-term res

[1:01:50] um residents and interests of Eager. Sometimes that means saying no to a project

[1:01:55] that we personally like. Council absolutely has the authority and responsibility

[1:02:00] to make its own decision tonight, and I respect that. But I would ask that you give

[1:02:04] meaningful weight to the work that the commission you appointed um did that we've

[1:02:09] already done. 6 commissioners were present, 6 of us heard the evidence, um, and 6

[1:02:14] of us heard the public. And 6 commission commissioners independently concluded that

[1:02:20] this CUP should not be approved. Overturning a unanimous decision certainly isn't

[1:02:25] something the council is prohibited from doing, but we believe it should require

[1:02:29] confidence that the commission materially got its application. Of the code general

[1:02:34] plan or facts wrong and it's not simply a different level of enthusiasm for the project,

[1:02:39] otherwise we risk diminishing the role of the of the very citizen commission the

[1:02:44] town elected to conduct this detailed plan review. Thank you. Any questions for

[1:02:52] her?

[1:02:55] Yes, I have one. Yes, and you did mention that the tax base thing stops after 30

[1:02:59] days. Yes, so it's my understanding through the finance department that once, um,

[1:03:04] residency or occupation hits 30 days, the bed tax is no longer applicable. OK, can

[1:03:10] you come on up please. Yes, the short-term rentals apply for um stays less than 3.

[1:03:18] And there is a higher tax on those.

[1:03:23] Was was the zoning of this before he purchased it this information you're talking

[1:03:28] about, he, he would, he knew that this was possible, um, so according to the zone

[1:03:35] that this is a industrial one and it, it has been for a long time. OK.

[1:03:44] Thank you.

[1:03:47] Yeah

[1:03:53] Members of the council, I'm Kate Wilkins, born and raised in Eager. Um, in fact,

[1:03:59] I was born here. We go to the hospital, so I was born in my parents' house in Eager.

[1:04:04] Um, I'm probably maybe the only person in this room that remembers the operation

[1:04:08] of that sawmill. My father-in-law worked there for many years, um, and And it, I

[1:04:14] have to turn my head every time I go past that. It is what, it was a productive part

[1:04:20] of this community and it's been allowed to be nothing. And you're presented with

[1:04:26] a project which would add value to the town, which would bring in money to the town,

[1:04:32] and there are And there's an argument made that it should be safe for industrial.

[1:04:38] Come on, it's been sitting there for how long being eligible for industrial? That

[1:04:43] to me does not put money in the town's pocket. It does not provide jobs. It provides

[1:04:49] eyesore, a dangerous place for kids to get together. It is simply a wonderful thing

[1:04:55] that the Lucases are offering to develop something with ease of property, which is

[1:05:00] a problem now, which can be an asset to the town. Um, the whole idea of a, of a limited

[1:05:08] industrial, uh, needs in this town, it was so needed, it would have been used. You

[1:05:14] have the opportunity to have land put in use. People employed by that. I simply do

[1:05:20] not understand. If there are um, legitimate concerns that the town has about the

[1:05:28] specifics of this, um, portion of the plan, and I, and I understand the owner is

[1:05:34] saying in order to make it make money like he feels is necessary, he needs a whole

[1:05:40] project. Why would the town turn that down? If there's some specific issues, my guess

[1:05:45] is that he would work with the town. I've been an attorney for 50 years and I can

[1:05:52] tell you that, and I, when I, when I lived in, and worked in Mason Gilbert, Those

[1:05:57] all things all worked out, those sorts of issues, those issues could be worked out,

[1:06:03] um, I'm absolutely certain. Uh, so I just urge you to think about the benefit to

[1:06:09] your town of this development, the whole development, and I hate to just continue

[1:06:15] riding up that road and looking at that mess. Think about what could be there.

[1:06:32] So, I'm Brandy Snyder and um as I look at some people on the town council, town council

[1:06:38] and mayor, we have served together years ago on planning and zoning. I have a history

[1:06:42] of serving on the Planning and zoning commission. Years ago I was here and so I appreciate

[1:06:47] the effort that Planning and Zillion has come here to say this is what we voted on

[1:06:54] and I acknowledge that you guys are in kind of a position here of trying to determine

[1:07:00] what's best for the town. But here's a copy of the general plan. And, you know, back

[1:07:06] then, I was actually on the advisory committee putting this together. And the reality

[1:07:11] is, this was adopted in 2014. This is 12 years old. And do you think our time has

[1:07:17] changed a little bit since then? The page one of the introduction of Jeffrey Penn

[1:07:23] says it's a guide, so we need to think of it as a guide. This is not the Bible of

[1:07:28] how we will choose things and do things in eager, in my opinion. And I think the

[1:07:33] idea of free enterprise for a man that owns this property, that's willing to go ahead

[1:07:39] and do a, a tremendous improvement and redevelopment of an abandoned sawmill might

[1:07:45] be worth the consideration to allow something that doesn't quite align with the general

[1:07:51] plan because it's not purely industrial. but there's still 44 acres on there that

[1:07:56] could be used. The old biomass plant is still there. That could be used. I mean,

[1:08:01] the water, uh, tank, that's all going to be available 44 more acres. Plus remember

[1:08:08] that we have industrial zone property out by the landfill where the uh There's a,

[1:08:15] like a slaughterhouse there and some other things that was in this general plan that

[1:08:19] it actually said 1200 more acres were added to the industrial zone in the west part

[1:08:24] of town. So I'm not exactly sure the outline of that. But I would like to I can note

[1:08:30] that in your packet, there's an email from uh Jordan Hall and Steve Hall, who were

[1:08:37] the owners, Western Renewable Energy, who had the biomass plant that did burn up

[1:08:42] the boiler for whatever reason that all happened, I don't know. But, you know, he's

[1:08:46] basically After many years, I'll be part of this. Over the past 20 or so years, we've

[1:08:53] had numerous interested parties that did not pan out for many reasons. One of the

[1:08:58] main reasons was the lack of transportation for the goods that may have been produced

[1:09:02] in forest fires affecting the forest Woodstock with the restricting laws created

[1:09:07] by federal and state governments thereafter. They basically are saying, we urge you

[1:09:11] to accept their conditional use permit because recreation and tourism businesses

[1:09:16] make good sense for Er's future. And then another thing in your packet, I'll remind

[1:09:22] you just, just public here that they don't have is a letter about how much water

[1:09:28] does industrial Sandy grove plants take, biomass power plants take, industrial steel

[1:09:34] plants take. This is from a local well driller here that may speak tonight, maybe

[1:09:39] not, but Basically, industry takes water. A 200 space

[1:09:47] RV uh park would take one well of 41 gallons per minute. And he's got

[1:09:55] 3 wells on that property. They're being tested. They're, they're not perfect, but

[1:09:59] I would like to just recommend that you look at it from the bigger picture and uh

[1:10:04] give Lucas Luna and Candace Luna a chance to bring something to Er that probably

[1:10:10] has never been offered before. And it, to me it would be a great improvement, of

[1:10:15] course, um, but I think that, uh, uh, That's, I guess, how I'd end this conversation.

[1:10:22] I don't have anything prepared except for what I know is in the packet. So, um, if

[1:10:27] you have any questions. So I appreciate your time. Thank you.

[1:10:48] Hi, my name is Deborah Seling. Um, the concerns that I have with this, um, I'm against

[1:10:54] it. I'll be forth and straight with you there. Um, number one, I mean, we have wells

[1:11:00] on there during the planning and zoning meeting, I believe, if I'm not right, somebody

[1:11:06] correct me, that one possibly had arsenic in it. The, yeah, you might have 3 wheels

[1:11:12] and it might be able to accommodate 200 RV parks slash 100 or so cabins

[1:11:20] and this and that. That's fine and dandy, but what you really need to look at is

[1:11:26] our aquifer. That's going to be deplete and yes, I do know that, um, you know, an

[1:11:33] industrial park will deplete some too. But it's gonna deplete our aquifer.

[1:11:41] We're already, you know, pretty much need a new sewer system per se, um. With

[1:11:48] our, our fields and stuff out towards Springerville, we're gonna have to eventually

[1:11:55] come up with whatever those plants are sewer plant things, what, what's it called

[1:12:00] care treatment plant. And then you also need to look at, I mean, we're already this

[1:12:07] summer, we already had to cut back on some of our water. This town

[1:12:14] cannot outgrow itself, period. Or we're all gonna suffer. Yes, he has

[1:12:22] a, he has a great thing. I would love to see it cleaned up and this and that, but

[1:12:26] I'd also love to, to see something go in there that is going to supply more workers

[1:12:33] for us. And then the other thing that bothers me is so water,

[1:12:41] sewer. The other thing that bothers me is we have several other small slash

[1:12:47] semi-small RV parks around town. You guys need to take them into consideration too.

[1:12:55] They've been here for years. They try their best. And stuff, so it's just like

[1:13:03] offering a commer uh, you know, a big

[1:13:09] Oh, what about Kmart or Walmart or something to come in here and wipe out all the

[1:13:13] little guys? That's not fair either. And so you need to take some of that into consideration.

[1:13:21] My most concern is the sewer, the water, and then nobody has discussed where the

[1:13:27] runoff. Of all that Um, it's gonna come from the runoff

[1:13:34] from the paved roads, the runoff from, you know, rain and all this other stuff. What

[1:13:40] I had heard and been told, and somebody can correct me if I'm wrong, that they were

[1:13:46] going to run that into the adjacent property. Well, that's not right either. Cause

[1:13:53] where is your water, your, your runoff infrastructure and all these other kinds of

[1:13:59] stuff. I mean, yeah, they have a good idea, but A lot of things are left

[1:14:06] unanswered, untold. And all this other, you can't tell me that we're gonna buy a

[1:14:12] big piece of property and have no idea what I might do. whew. I have this all

[1:14:19] outlined. Well, I'm gonna have thoughts and stuff if I'm gonna spend that much money,

[1:14:25] what I'm gonna do with this property over here. So what's that gonna open up to?

[1:14:31] You guys all need to think about that, and I think that's all the complaints I have,

[1:14:36] but I am totally against this, um, and for our community we can only grow so big.

[1:14:45] Period. Thank you.

[1:14:55] Well, welcome Community service, um, mayor of council, thank

[1:15:03] you for putting this, listening to all of us, um. I'm Deanna Davis, Eager Properties,

[1:15:11] uh, Springerville Business. Um, It sounds awesome. Pretty pine sky,

[1:15:19] yeah, that looks like Vegas. Up on the top. Um, as a business person, I run a

[1:15:27] lot of data. And before I start a second store or um plan to add onto

[1:15:34] my store, I run a lot of data. I find no data that would support this area

[1:15:43] supporting 200 additional RV spots, 100 cabins, 200 storage units. And we've got

[1:15:50] 100 possible down the street here for Jeff.

[1:15:55] What else could there be?

[1:15:59] What else could there be? Is it to house all of your employees you're gonna bring

[1:16:04] in so you can do data center projects all over Apache County?

[1:16:09] You never know You never know.

[1:16:14] But no tourism is going to be here. 200 some odd RV spots and 100 cabins.

[1:16:22] Unless you're just gonna market off things that are gonna be built here. And we're

[1:16:26] all trying to stop, wind, wind farms. All those people are gonna come in and want,

[1:16:31] want to live somewhere. We got a spot now. Screw all the little guys that have been

[1:16:37] here forever. Jeff down the street, we got this for you. And every one of those,

[1:16:44] every one of those pictures showed what? A rig and an RV and they TV. What's

[1:16:52] it like going down Water Canyon? In this summer, of every stadium, ATV in this

[1:16:59] community. The dust goes all the way to my dad that's on, on flat top. It

[1:17:07] carries everywhere. It's horrific. I dust the house.

[1:17:16] So do I. It's terrible, the clouds that fly. Now you're gonna talk about how

[1:17:23] many, we have a fire. How are we gonna get everybody on Flattop out, 400 some odd

[1:17:30] rigs and people on one entrance and one road in and out.

[1:17:36] In my understanding, a project cannot make the town have to change its roadways and

[1:17:41] infrastructure, right?

[1:17:44] So there's never gonna be a thoroughfare coming school bus straight up to Juniper.

[1:17:51] It's never gonna happen But it needs to happen. It already needs to happen. Because

[1:17:57] they wanna go straight up, straight up uh Main Street and go right into there from

[1:18:03] there. My other house is on a school bus. Traffic's horrific. Now imagine 400 some

[1:18:11] rigs in their ATVs hauling up and down. A peaceful mountain that's gone, but There

[1:18:17] has to be more to this. I don't know what it is. Oh But it's there

[1:18:28] Thank you for your time.

[1:18:35] Hi, my name is Tim Smith. Uh, I lived in Eager 22 years. I'm a disabled veteran.

[1:18:43] I live off the government. And it ain't a very good living. But, uh, the point with

[1:18:50] that is, is I can't afford to move. But I live at Water Canyon Road and 9th Street.

[1:18:58] I'm retired. I'm an old man, as you can see. I sit around there all summer with my

[1:19:04] windows and doors open. I listened to the traffic on Water Canyon Road every day,

[1:19:10] every night. We got the city trucks. One of your drivers of the big dump truck likes,

[1:19:18] is real fond of using a jake brake, which is not necessary when you're only going

[1:19:22] 25 miles an hour anyway, but I think he likes the sound of it because he seems to

[1:19:27] use it every time he comes up to the, to the stop sign there on school bus. But we

[1:19:33] got all, every, everybody knows Water Canyon Road is the gateway to the forest. OK,

[1:19:39] we all know that. I hear the ATVs, the dirt bikes all day. I hear all the traffic,

[1:19:45] all the other people that go out there. I'm not against RVs. I own one myself and

[1:19:51] I love the woods. I ride my side by side out there just like everybody else does.

[1:19:57] But Water Canyon Road cannot support the traffic that you're talking about.

[1:20:05] That area, and if any of you know, uh, in the summertime, like on a big weekend,

[1:20:11] which we got one coming up. You can't go into Safeway or Bash's and find a loaf of

[1:20:17] bread, a pack of hot dog buns. The deli is cleaned out. Everything is cleaned out.

[1:20:24] Now can you imagine adding a couple of 100 RVs and 100 people living in cabins all

[1:20:29] coming up here, so they're always, they're not gonna be permanent residents are always

[1:20:34] gonna be coming in. They're always gonna be going out all day, all summer long, middle

[1:20:39] of January, probably won't be so bad, but, uh. Right now, I mean, I don't know about

[1:20:46] all the water, the sewer, the infrastructure, that's way above my pay grade. But

[1:20:51] I'm telling you, school bus road, Water Canyon Road, Main Street. Cannot handle all

[1:20:58] that traffic. And personally, I, I'm at the end of my life. I'm, like I said, I'm

[1:21:05] an old man. I plan on retiring. I plan on living in that house till the day I die.

[1:21:11] But I moved here for the peace and the quiet and the beauty. I didn't move

[1:21:18] here because this was a tourist trap for a Uh, a destination for everybody and their

[1:21:25] brother to come and camp out and do all that stuff. I've been here a long time, not

[1:21:30] as long as most of y'all, but, uh, Wow. Please, please don't do this.

[1:21:45] I've lived here all my life pretty much. And I can remember when there was 100 loads

[1:21:50] a day coming to that place. Yes sir. I, all I know about mobile or

[1:21:58] RVs is probably is the equivalent to one bedroom. So 4

[1:22:05] RVs might be equivalent to a house. So 200 divided by 4. What's that 50

[1:22:13] homes? We're gonna run out of water with 50 homes around. I don't think the realtors

[1:22:19] wanna hear that. I don't think the town wants to hear that. I don't think we're gonna

[1:22:24] run out of water with 50 homes and plus they're gonna be too busy turning up dust.

[1:22:30] So they're not gonna be living in an RV like everybody lives in a home. RVs don't,

[1:22:37] aren't gonna use that much water. So I don't think there's a water issue. And

[1:22:45] I think 2015 to $20 million invested in your community and the taxes that you're

[1:22:52] gonna revenue off of it. And it's not gonna be a junkyard or

[1:23:00] The scrap iron pile. And I hate to see industry go, go toward tourism all

[1:23:08] the, I mean, I've been industrial all my life. And, but None of the

[1:23:16] industries wanted to buy, buy it, or they would have bought it. It's just not it.

[1:23:22] We don't have it anymore. I wish we did. But

[1:23:30] Mhm. I think it did good thing for the community.

[1:23:45] Hello, my name is Rochelle Lester and I am an E-year resident. My husband is Jeff

[1:23:50] Lester and a lifelong resident as well, and we are the owners that were approved

[1:23:55] down on Main with the CUP to proceed with the RV park and business plan on Main.

[1:24:02] Um, as most are aware, it sits in a flood plain in an undeveloped field, and even

[1:24:07] though it's zoned commercial, the property needed to be moved up and out of the flood

[1:24:11] plain and have the water engineered to be redirected appropriately and has never

[1:24:16] before contained basic water lines, electricity, fire hydrants, etc. Um, Mr. Luna

[1:24:21] had stated in the planning and zoning meeting. That his project will need to be built

[1:24:26] in phases, uh, because of his millions. However, I don't think that that should discredit

[1:24:31] our project that has been in constant motion from week one that is visible and also

[1:24:37] much behind the scenes with engineers now Apache and the city to maintain our CUP.

[1:24:42] To then potentially have um an approved copy and paste project that mimics the plan

[1:24:47] in full uh for a venue, RV spaces, storage, commercial spots, restaurants, and cabin

[1:24:55] rentals would be detrimental for our progress thus far. Although I mentioned all

[1:25:01] aspects presented in Luna's project, we are a family grounded in business and growth

[1:25:07] for Eager. Uh, we do not oppose the project in its entirety, and as I stated in the

[1:25:12] last meeting, the business plan for the sawmill itself is promising. Uh, and we're

[1:25:17] open to even the reality of the competition with the cabin rentals business space

[1:25:23] or venue and convention center. Um, we currently are only here to speak against the

[1:25:29] approval for another RV park CUP. There are currently 12 to 19 RV parks in the Round

[1:25:37] Valley area and if you're counting the smaller ones who also rely on the income and

[1:25:41] came to that meeting, uh, spoke at planning and zoning to voice their opposition

[1:25:47] for another one to be approved after speaking with the larger. RV park owners in

[1:25:51] preparation for that meeting we were able to obtain that the number of seasonal RV

[1:25:56] renters are just around 30 to 35% of the business on average and these spaces are

[1:26:03] never maxed out in full um as it stands currently. Uh, even personally, we were granted

[1:26:10] 100 spaces to go forward and our plan is simply to start with 60 and then reevaluate

[1:26:16] and go from there depending on what is happening with the town. To be asking for

[1:26:21] 200 RV spaces still remains very excessive. The city of Sholo recently approved an

[1:26:28] RV park with 150 spaces on a 20 acre lot. A city with 40,000 residents, including

[1:26:34] seasonal vacation home renters, has approved at max 152 spots. Why would a city in

[1:26:40] our size between 400 and 4500 residents approve 200 spaces, which would be the largest

[1:26:47] hookup location on the mountain? Um, while disregarding the actual long-term residents

[1:26:53] who are currently running their RV businesses here in the Round Valley area, you

[1:26:58] would be approving a Walmart of sort of RV parks to come in and possibly shut down

[1:27:03] the small businesses that maintain their livelihood here. We simply do not have the

[1:27:08] residents, seasonal residents and population to sustain an RV park with this capacity

[1:27:13] while protecting the conditional use permits that have already been approved by the

[1:27:17] city council or planning zoning. Mr. Luna has gone back and forth on whether or not

[1:27:24] he will. Proceed with the other parts. I've heard him go back and forth on the statement

[1:27:29] again tonight that changed from the last planning and zoning meeting. I feel as though

[1:27:34] he's saying this to sway decisions. That's my opinion just from hearing it switch

[1:27:39] back and forth. Um, I will end with just a clear statement that we do support growth

[1:27:45] and business in Eager. We really want nothing more than for the local businesses

[1:27:48] to succeed. Our planning and zoning heard the project presented in full, heard from

[1:27:54] board members and several community members, ending with unanimous nay on the CUP

[1:28:00] portion of the project, and I sincerely hope this new city council with a few moments

[1:28:05] that you've been with us today, uh, that you can, um, consider that unanimous decision,

[1:28:12] uh, to decline the CUP at this time. Thank you.

[1:28:27] Mhm

[1:28:30] My name is Tricia Sparza, and I'm a resident of Springerville. First, I would like

[1:28:35] to say congratulations to all of our new council members. I know you're eager to

[1:28:39] bring economic growth to Eager, and the town supports that. But tonight's vote is

[1:28:45] not on whether we want development. It's about whether we follow the process that

[1:28:49] the town has already put in place. The Planning and Zoning Commission did its job.

[1:28:54] They followed the code, they held a public hearing, and they found that the application

[1:28:58] was incomplete and did not meet the public's or the town standards. Your job tonight

[1:29:04] is to not overrule them because of a promise of what could happen, but honestly to

[1:29:09] uphold the process that has already been lined out for you. We've heard a lot about

[1:29:14] a $20 million investment. That's wonderful. But a promise is not enforceable, as

[1:29:21] was stated when he was up here. A conditional abuse permit is, once this permit is

[1:29:27] granted, it's legally binding. The question is, what are you binding the town to?

[1:29:33] The application for an RV park, but the site shows 100 cabins that the applicant

[1:29:38] claimed needed no cup required. The town attorney said that it did. That is still

[1:29:45] unresolved. We cannot approve a cup for a plan that is legally questionable and mathematically

[1:29:50] impossible. The projected space asked for in the cup for 200 RV spaces is 4 times

[1:29:57] larger than the allotted space that they gave for the 100 cabins.

[1:30:03] And I want to address the sense of urgency that surrounds this appeal. We are here

[1:30:07] tonight with 3 new council members and a promise of a $20 million investment, which

[1:30:12] sounds amazing. You are being asked to make a major decision for a major project

[1:30:18] on a major piece of industrial land in a very short amount of time. That is now changed

[1:30:23] that if you don't approve it, They're not gonna build it.

[1:30:28] I believe this urgency is intentional. It's a tactic to prevent you from doing your

[1:30:33] due diligence. The applicant's own plans are incomplete. The town's own attorney

[1:30:37] has flagged major unresolved issues with water and sewer. The math on the site plan

[1:30:43] doesn't even work. This brings me to the most fundamental problem. The application

[1:30:48] is incomplete. Planning and zoning commission denied it for a reason, remanding that

[1:30:53] back to them won't fix it. The applicant has had every opportunity to provide a complete,

[1:30:58] engineered, and viable plan, and they have failed to do so. They came to you with

[1:31:03] a flawed concept, not a finished application. The town's job is not to do their homework

[1:31:09] for them. Approving or remanding an incomplete application rewards lazy and inadequate

[1:31:15] planning. You are here to approve, to approve the proposed plans and not potential

[1:31:20] plans. And this brings me to one of my final points. This is no longer just about

[1:31:25] zoning codes or site plans. This is about integrity. The applicant's own words and

[1:31:30] actions have demonstrated a pattern of misleading this town and its officials. First,

[1:31:36] they told the town that they needed CUP approval to be able to purchase the land.

[1:31:41] When questioned about this at the last meeting, they changed their story and said

[1:31:45] that they were buying it no matter what.

[1:31:49] And tonight they said that they're not gonna start anything else unless this is approved.

[1:31:54] The plans don't line up with actual square footage. Any concerns that were responded

[1:31:59] to were just with promises that they would make it work and it wouldn't be the town's

[1:32:02] problem, which seemed to also be the case with communications between the town. They

[1:32:07] kept repeatedly saying that by right, they could build what they basically wanted.

[1:32:13] After the verdict was handed down at the last meeting, the applicant was so upset

[1:32:17] that there was an argument in the parking lot. This is not how a good faith developer

[1:32:22] behaves. This is the behavior of someone, I believe, who believes they're entitled

[1:32:26] to approval or who may result to intimidation when they don't get their way. As I

[1:32:31] believe, happened at the start of this meeting when they said if you don't approve

[1:32:36] this, they're not going to invest 20 million. They even implied that they could just

[1:32:41] sell it or lease it to another business that comes in. If that would make them more

[1:32:47] money, which honestly, it probably would. If you grant the cup, it takes away a good

[1:32:55] portion of your guys' rights as a council to say yes or no to whatever they're going

[1:33:00] to build. This is industrial land, not commercial. Almost all of their plan is commercial,

[1:33:06] and there was lots of commercial land available around here. In the planning and

[1:33:11] zoning meeting, he stated that they have been, he had been putting cash offers on

[1:33:18] lots of land and kept getting denied. Which seems very confusing because why are

[1:33:22] people who are selling land, denying you. And why was an industrial property purchased

[1:33:30] for this? The land that is being asked for, for you guys to cover with the cup is

[1:33:35] the majority of the property, which would mean the majority of the property would

[1:33:40] not be able to come back up to you guys for approval. They've stated this, their

[1:33:44] lawyer stated this, that by rights, they don't feel they need to ask you. And I believe

[1:33:50] that if you guys approve this, or even just send it back to your Planning and zoning

[1:33:57] board, they will think they can just do what they want. Thank you.

[1:34:22] My name is Betty Lester, and I've had ties to Round Valley for over 50 years. My

[1:34:29] deceased husband, Don Lester's great, great grandfather was one of, Peter Thompson

[1:34:36] was one of the first settlers in this area. And I am not speaking because I'm Jeff

[1:34:44] Lester's mother. I am speaking because I live a country block off of Water Canyon

[1:34:52] Road and When I moved there, I thought I was gonna live in the country because I'm

[1:34:58] an old farm girl. And gradually, I've had subdivisions built around me. I have

[1:35:07] Neighbors Deanna Davis is one of them. She talks about dust. I'm

[1:35:14] worried about mud. You know, we have, uh, a lot of places that aren't paved in this

[1:35:22] town, and if you live in one of those outlying areas, you have a hard time getting

[1:35:28] to your property right now. It seems to me like when I was at the previous meeting,

[1:35:35] I didn't hear anything about paved streets in this uh proposed. Little

[1:35:43] Las Vegas is gonna be in my backyard and I'm highly opposed to it because I do not

[1:35:51] feel like we need to live on the Strip of Las Vegas. We moved here because we liked

[1:35:59] the, the country style life. And if we allow 200

[1:36:07] Trailers, especially those that travel and are not permanent or maybe they're gonna

[1:36:13] be permanent. I'm not sure I understand all of this, uh, in great detail, but I am

[1:36:20] extremely worried about the water situation too. Uh, Arizona is in a terrible

[1:36:28] drought, as most of you will agree. There are wells in this area going dry. I had

[1:36:35] one that did and I had to hook on to city water because of that. The well builder

[1:36:42] that told me that uh my well was going dry, said that he had a lot of clients who

[1:36:50] had the same problem. And now we're gonna put 3 more wells to supply 200 people.

[1:36:58] Uh, that sounds like the water table is gonna have to be a lot deeper than it is

[1:37:06] right now, and I'm not sure it is. I'm not opposed to growth and to progress.

[1:37:14] I've always thought we should consolidate Eager and Springerville, but that's a whole

[1:37:19] other story.

[1:37:23] I am highly opposed to this because of the water situation and because I

[1:37:31] feel like that we are allowing

[1:37:37] A little Las Vegas to move into our community. And I don't think that's exactly what

[1:37:45] the neighbors in that area are going to want, and I am one of them and I am highly

[1:37:51] opposed to this.

[1:38:00] I just had my eighty-seventh birthday. This is what happens when you get old.

[1:38:09] And Jeff Lester's your son too. I'm sure that that didn't help either.

[1:38:22] He's my friend, so I, I, I can say that he was your friend. He was my friend. Yeah,

[1:38:29] actually he's one of the joys of my life.

[1:38:36] Hello again, I'm Monica Benning and I Orlando Egypt. I support tourism growth in

[1:38:41] Round Valley when done correctly. Property owners have a right to use their land

[1:38:47] as they see fit until that use interferes with the surrounding community. Then the

[1:38:52] local government must step in. Planning and zoning is to ensure land development

[1:38:58] is done wisely for the balanced benefit of all involved. RV parks are best suited

[1:39:04] on commercially zoned land with easy access for visitors along major highways. Well

[1:39:11] designed RV parks also have laundry and shower facilities, adequate dumping areas

[1:39:18] for trash and sewage. Sometimes a small green space with trees. A smooth traffic

[1:39:25] flow pattern within the park and outside of it for safe evacuation. This project

[1:39:32] shows none of those features, as if it's almost designed to fail. It looks to me

[1:39:37] like another so-called RV park that could become a place for people to live there

[1:39:43] year-round in their camp trailers, like the rundown one tucked between 5th and 6th

[1:39:48] Streets just east of Butler. I guess I'll wait until the destruction is done.

[1:40:04] Mr. Luna's property shows a lack of Mr. Luna's proposal shows a lack of knowledge

[1:40:10] in properly designed RV parks, but he has said publicly, and he repeated it again

[1:40:15] here tonight, that he is experienced at building data centers. So what if his poorly

[1:40:21] designed RV park fails in attracting enough seasonal tourists? Will town officials

[1:40:27] allow it to become a full-time RV residential lot, possibly another dumpy looking

[1:40:32] one? Or what if he decides this large industrial acreage. Industrial acreage can

[1:40:38] be converted into a data center because as his proposal states, and I quote from

[1:40:44] his letter to PNZ, portions of the proposed redevelopment of the acreage may include

[1:40:49] uses that are currently permitted under the town of Eager zoning regulations. Certain

[1:40:54] uses permitted within the C1 zoning framework may continue within the property's

[1:41:00] I-1 zoning designation without the need for additional CUP approval, end quote.

[1:41:07] Folks that I know who have experienced data centers moving near them, they say they

[1:41:12] always start out as a benign application for a large warehouse or a large storage

[1:41:17] facility. That screen we saw of the sawmill renovation and this other one in the

[1:41:23] top left corner, that looks to me. Like a huge warehouse. And if you're worried about

[1:41:29] water, wait till you see how much water NASA data centers will take. That's a real

[1:41:36] problem. Existing industrially zoned land with the infrastructure available at this

[1:41:42] particular site is extremely rare in Apache in Southern Apache County. I zoning and

[1:41:49] the industry built on it are intended to meet greater needs of the community's local

[1:41:53] economy. A biomass plant would provide many more jobs directly and indirectly. It's

[1:42:00] obvious to everyone that we need a new modern biomass plant. Its time has come. It

[1:42:07] was not needed a few years back, but there are new opportunities emerging for it

[1:42:12] now. The entire population of Southern Apache County who are opposed to wind energy

[1:42:17] projects would certainly support a well-designed biomass plant instead because it

[1:42:22] makes the most sense here. I totally agree with President Reagan's letter in which

[1:42:28] he encourages you all to consider the possibility that patients could ultimately

[1:42:33] result in a far greater return. Mr. Luna, I encourage you and your investors to actually

[1:42:41] pursue a biomass plant on your industrial property instead. It's simply the wrong

[1:42:46] location for either an RV park or a data center. I've carefully studied Planning

[1:42:52] and zoning's logic for their denial, and I totally agree, agree with their decision.

[1:42:58] Town council, I encourage you all to make the, the right decision and deny this appeal.

[1:43:04] Thank you.

[1:43:18] All right. Reconvene into a regular session. Do I have a motion to reconvene into

[1:43:23] regular session? I'll make a motion. A second motion has been made and seconded to

[1:43:30] reconvene into regular session. All in favor of that. Aye, any opposed? Motion carries.

[1:43:37] Moving on to item 12, new business, appointing a vice mayor. Discussion of possible

[1:43:42] action to appoint a vice mayor for the town of Eager.

[1:43:52] Don't everyone volunteer at once.

[1:44:00] What's next? It's, it's, it's next. It's next.

[1:44:05] Hi, nominate. Mr. Brennan, Councilman Brennan, as vice mayor. I second that.

[1:44:13] Mhm

[1:44:17] I'm not volunteering, but I, I will serve if that's what's wanted. Motion has been

[1:44:24] made and seconded for Bryce Burnham to serve as the vice mayor of the town of Eagle.

[1:44:28] All in favor of that. I, any opposed? Motion carries.

[1:44:38] Thank you. All right, moving on to item 12B, decision of appeal for the lunar property.

[1:44:44] Discussion possible action from item 10A.

[1:44:53] I just want to, uh, just once again, I'll just read from the statute regarding where

[1:44:57] we are on this, um, 18.84.070, the town code says that after a public hearing

[1:45:04] advertised and conducted in accordance with the provisions of this chapter, which

[1:45:09] we Just a commission may approve, approve with conditions or deny the application

[1:45:15] for a conditional use perm use provided that the applicant provides evidence substantiating

[1:45:19] that all the requirements of this title relative to the proposed use are satisfied.

[1:45:25] And further provided that the applicant demonstrates that the proposed use also satisfies

[1:45:30] the following criteria. And there's 7 different criteria, uh,

[1:45:38] that the proposed use would have to satisfy. Um, the ones that we've talked about

[1:45:43] today. That the uh

[1:45:47] Proposed use will not cause damage or nuisance, um, arising from noise, smoke, odor,

[1:45:52] dust, vibration, or illumination, hazard to persons and property from possible explosion,

[1:45:57] contamination, fire or flood, hazard occasioned by unusual volume or character of

[1:46:02] traffic. Um, the characteristics of the site are suitable for the proposed use and

[1:46:07] considering size, shape, location, topography, existence of improvements, and nat

[1:46:12] natural features. So those are some of the criteria that should be considered. And

[1:46:17] finally, that the proposed use satisfies those goals, objectives, and policies of

[1:46:21] the general plan that are applicable to the proposed use and carry out the intent

[1:46:26] of this title. So it's just uh 3 of the of the 7 uses there that I think are applicable

[1:46:32] today. But now is the time for you to discuss as a council where everyone is at and,

[1:46:39] and make a motion. And we discussed a little bit about the urgency of this. It is,

[1:46:45] yeah, that's actually one of the conditions too is, um, that the proposed development

[1:46:49] is timely considering the adequacy of transportation systems, public facilities,

[1:46:54] and services existing or planned for the area affected by the use. And, um, after

[1:47:02] you make your decision today, it does become final, uh, there is It has to be started

[1:47:08] within 6 months. There is a reapplication period. It can be reapplied for a conditional

[1:47:14] use permit 1 year from the date of the denial.

[1:47:23] So now I'm the new guy here, so, you know, bear with me. But um thanks to Jessica,

[1:47:28] I had about 5 days to study this and uh quite frankly, from everything that I've

[1:47:33] seen so far, um, it doesn't uh really I mean, the plants, by the way, I built the

[1:47:41] Fujitsu plant in um Besham, Oregon, and uh you know, that was a $1.2 billion dollar

[1:47:47] project and they never used it. So, um, Um You know where I'm at is,

[1:47:55] um, I don't think this, this just doesn't look like the numbers add up. Maybe I'm

[1:48:01] wrong, but, um, from what I'm hearing from you just right now, it, uh, it's gonna

[1:48:07] cause dust. It's gonna do all kinds of things that are on that list, but it's not

[1:48:11] supposed to. So, I mean, I don't know what my vote is. I just don't, uh, I just don't

[1:48:18] know why we're. You know, really are contemplating this alone. If he keeps this,

[1:48:25] he'll He and it was. It'll continue to be asked for. I, I'm trying to word this correctly,

[1:48:33] um, we can apply that we apply the will this be something we deal with every year

[1:48:37] if it's if you confirm what was done by planning and zoning and, and deny the, the

[1:48:42] cup, then, um, the stat, the town code allows for someone to reapply

[1:48:49] for substantially the same cup a year after the denial.

[1:48:55] But there's a a year that you have to wait, is that correct? Yeah, right. So we can

[1:48:59] just with uphold the decision by planning a zoning. Yes, that's one of the three

[1:49:04] options, um, that you're, excuse me, if we uphold that, then does that mean it's

[1:49:10] denied today. Yes, that's what I thought.

[1:49:21] I'm gonna be brave and step up here. Um, first of all, I want to appreciate, uh,

[1:49:27] show my appreciation of the planning zoning, and, um, it was good to get that documentation.

[1:49:34] We didn't get it at the last council meeting, so we didn't understand the reason

[1:49:37] for the, for the denial. And the core principles of that denial, I agree with.

[1:49:45] There are items in this that I think We've got to be careful with, um,

[1:49:55] I don't think that the Zoning code allows us to say, well, it might hurt somebody

[1:50:01] else's business. I don't think that's in there, is it? No, that's, that is not OK.

[1:50:07] So there's valid points that are brought up here that really are not addressed in

[1:50:11] the zoning ordinance, so we need to be careful. What we, what we weigh as facts.

[1:50:19] The other thought that I have is um There's a fine line between

[1:50:28] The government. We want the government to protect us, but at the same time, the government

[1:50:32] takes rights away. And so, how do we protect someone's right to do what they want

[1:50:37] on their business while protecting Uh, someone adjacent or in, in

[1:50:45] the town. Um

[1:50:49] You know, socialism's in the news a lot lately and When the government overreaches

[1:50:56] its Authority, that's where I think we start seeing this socialism just because

[1:51:04] we want something. Doesn't make it fit within the code. Or necessarily

[1:51:12] right. I think there are some legitimate concerns, the water, the sewer, the

[1:51:19] transportation. I was a little bit uh concerned about a retention pond by others.

[1:51:25] So there are some loose issues out here that need to be addressed, addressed in my

[1:51:30] mind. When we talk about the dust. If tomorrow a biomass plant went in there and

[1:51:37] they want to run 50 trucks a day in there. There would be the noise, there would

[1:51:41] be the dust, and there's not anything anybody can say about that. And so You know,

[1:51:49] when I weigh that, uh, a travel trailer going in there and parking and staying for

[1:51:54] 3 weeks is gonna make less dust than the truck that's going in there now. Mrs. Wilkins

[1:52:01] said she was the only one that's here. I grew up on the corner of Central and Main,

[1:52:06] and her jake breaks at 4 o'clock in the morning of trucks turning the corners, probably

[1:52:10] Brandon's dad. He headed out to get a load of lumber over Luna or a load of logs.

[1:52:15] So I've been there, been here when this has all happened, OK. Well, you're still

[1:52:21] Billy Greenwood. I am, I am, but I'm gaining on you. I'm gaining on you. So

[1:52:29] yes, um, and that, and Igor, Ir grew up around that. It was on the outskirts and,

[1:52:36] and still is and so. I'm torn between what all of us want and what we would like

[1:52:44] to see as opposed to someone's rights and uh And what's actually written in the

[1:52:52] code. And so, um, I think that we can require Some very

[1:53:01] specific. Conditions in this conditional use permit. If we want to, uh,

[1:53:09] to go that route and, and I think there's an opportunity. Um, I understand the wells

[1:53:15] up there with the problems. I think that, uh, this may be an opportunity for the

[1:53:20] Lunas to help invest in a, a new additional well somewhere where this doesn't have,

[1:53:26] uh, we could require extension of sewer systems. Uh, there's, there's things that

[1:53:32] we can require. As part of this conditional use, if we want this project to go and,

[1:53:39] and be more specific and detailed in that. And so, that's my dilemma.

[1:53:46] Socialism, capitalism. Oh jeez.

[1:53:52] Again, I'm gonna bring up one thing, one thing only, that's the only thing I saw

[1:53:55] when I read all this. It's called the law. The law isn't emotional. The law doesn't

[1:54:01] care who owns what. What the law states is this is what we have decided as a people.

[1:54:08] And when the people have decided that they don't want something, they put it into

[1:54:13] law and they put in things like permits. And what goes on in this particular case

[1:54:20] is the permit. That I looked at, uh. Is asking us to change something that is already

[1:54:27] the law and in order for us to do that we'd have to go against the commissioner we'd

[1:54:33] have to go against the town uh um desires from years

[1:54:40] past and we would have to change what. Might happen

[1:54:49] Rather than what does happen. And from the language that I read, there's no

[1:54:56] definite Direction for this project. There's not even a plan. Now, I

[1:55:05] have been a builder all my life. I started when I was 6. I'm a design and structural

[1:55:09] engineer and I'm gonna tell you something, I don't go out the door without a plan.

[1:55:14] And when I saw this, I thought to myself, that's nice, but it doesn't show anywhere

[1:55:19] on the property where it actually does lay out every little item. And I can't build

[1:55:26] a house like that. And so, the commission doesn't want a house like that. I don't

[1:55:32] know why that we would even consider. A project that doesn't have a plan. That's

[1:55:39] where I'm at. It's the law. Not me. So, and I, I think

[1:55:47] that's part of what a conditional use permits is. Uh, we will grant you permission

[1:55:51] to do this if you provide this, this and this, so we can request those things. I

[1:55:57] can understand a developer not coming in and doing 90% plans to come in for conditional

[1:56:02] use permit. That's a lot of wasted money if it's turned down. And so you have to

[1:56:07] negotiate kind of back and forth until you say, OK, yeah, we can do this, but can

[1:56:13] you improve the water? Can you improve the sewer? Can you improve your access? Can

[1:56:17] you improve your storm drainage? Can you improve all these things? Then we'll grant.

[1:56:21] It's, it's the same as what we did for Lester. We, we made approval to, to what he's

[1:56:27] need, need more details. Yep, the, the little details. That's what I'm asking about.

[1:56:33] That's what the year would provide the year. So I, if they, if you, if, if it was

[1:56:40] denied today, uh, they would have a year from now, they would have the right to reapply.

[1:56:47] And in that year, they would be able to put a plan together. Yeah.

[1:56:55] But that doesn't, that doesn't work into a business plan. If we, if we vote to

[1:57:03] Require certain conditions by X then they have 3 months, 6 months, 5 months, whatever

[1:57:08] we stipulate to develop and satisfy the, the concerns we have.

[1:57:19] So I'll, uh, I'll throw out some more useless information. Um, did you say one

[1:57:27] was useless? No, no, mine, mine is, but I have to tell you that I was part of that

[1:57:35] sawmill when I was a little kid. My grandpa lived right on the corner. And as little

[1:57:42] kids, we were in the apple orchard, we collect all the apples and my uncle drove

[1:57:47] the log truck by on Main Street, we would throw apples at the log truck. So that

[1:57:52] was my part. I, I'm, I'm part of the sawmill, I feel like. What, what I think we

[1:57:57] have to be reminded of is we have heard information today, and we've heard about

[1:58:03] growth and industry and business, and I, I think we have to, to focus. This is about

[1:58:11] 200 RV spaces, 200 spaces for RV storage was the was the criteria met.

[1:58:19] In this conditional use permit. And, and are there things lacking in that permit?

[1:58:27] I, I personally believe that we need more information in that permit process. I think

[1:58:33] there's things that need to be addressed in that, in that conditional use permit.

[1:58:38] So Mr. Greenwood talked about, oh sorry, go ahead, no.

[1:58:45] Am I Brett, can I say something as community development, so as community development

[1:58:51] director, just so you're aware, there are legitimate health and safety concerns that

[1:58:57] in code states if there are legitimate health and safety concerns, you are allowed

[1:59:03] to deny a CUP flat out. We don't need anything else. There are issues with potentially

[1:59:10] the water. There's still not the test back. They may be able to supply that. There

[1:59:14] may be issues down the road if we continue on the road. We have been in restrictions

[1:59:18] every single year since I have lived here. The town restricts first. I don't think

[1:59:24] it's fair to our residents to make them restrict more, to allow a business to offer

[1:59:31] that to people that do not live here for one, our police. Do we have the police to

[1:59:37] police that morning? They didn't run the nicest RV park. I've seen police in every

[1:59:42] single RV park. Something happens. Do we have that capacity? Does our fire and medical

[1:59:47] crew have that capacity to work on those things and serve our community? Those are

[1:59:54] 3 big things that I think you need to take into consideration for this, and those

[2:00:00] are part of the reason why the commission denied this, because I don't believe that

[2:00:04] changing the plan and having them go through that, I think that would be potentially

[2:00:09] a waste of time and money on the women's part, and I would feel bad for them because

[2:00:14] if those are not addressed, I can see the commission denying that again because those

[2:00:19] basic health and safety rights are not met.

[2:00:26] Mhm And again I'm not here because uh I don't like Mr. Luna

[2:00:34] or because I don't think his plan is right or anything. The only reason I'm here

[2:00:40] as a council member, I think, is to see if this meets the criteria. And from what

[2:00:46] I've seen, it doesn't. I'd like to confuse myself with all the rest of the stuff

[2:00:52] I see, but that's not what I'm here for tonight. If I'm correct, am I correct? Yes,

[2:00:58] I, I guess I just want to point out that um the, the conditional use. Appeal presents,

[2:01:06] you know, 7 different criteria that you can evaluate to see whether you, uh, approve

[2:01:12] it, deny it, give additional conditions. But I also encourage you to always go back

[2:01:18] to the chapter that has been designated specifically on recreational vehicle parks,

[2:01:23] and there's a lot of, uh, criteria that is in that chapter also that has to apply

[2:01:29] to, to any park and Just so you, your new members know that this type of appeal does

[2:01:35] not happen very often. Um, and, but when it has happened, that is something I know

[2:01:40] that the council has made sure that it's in the plan as far as, you know, the solid

[2:01:46] fence wall with a minimum. Of 5 ft and a maximum height of 6 ft has to be around

[2:01:51] there. There's minimum dimensions. There's parking minimums. There's setbacks, interior

[2:01:57] roadways. There's a lot of requirements just in the chapter on recreational vehicle

[2:02:01] parts, but also must be in the plan. Is that currently in the plan? I don't

[2:02:09] believe it's in the plan. No, I didn't see it. You know, I would like to make a comment

[2:02:13] on that because I did help create the original CPP application and the entire 18.60,

[2:02:20] every aspect of the RV Park zoning was addressed by the applicant and how he was

[2:02:26] going to exceed the requirements of 18.60. And the only two things he was requesting

[2:02:32] is he didn't really want to pave all the roads and uh. Possibly there's already been

[2:02:38] foot fencing around the entire 124 acres. Maybe do some kind of screening on that.

[2:02:43] But I, I beg to disagree with that because you've got both packets in your packet.

[2:02:48] It was the original planning and zoning packet and the appeal packet. So I would

[2:02:54] like you to review that because I do want you to know that every one of those items

[2:02:58] in Arthur Park's zoning was addressed.

[2:03:03] I guess I would, I would, um, like you're complaining zoning see if that that is

[2:03:08] was their position as well that everything had already been addressed there and it

[2:03:11] was just the other options because I just don't know. So, um, we saw, let me, let

[2:03:17] me grab this. So in our original application it wasn't in the application, but if

[2:03:20] there was an attachment you may have it, um. It was like a layout of how they intended

[2:03:27] to Address let's see in here somewhere um I don't believe that it

[2:03:35] met it was it was kind of up for interpretation so it's the build it right properties

[2:03:41] LLC conditional use permit narrative um. And so there's things like water quality

[2:03:47] and this comes from the 18.60 and it said things like water quality testing is currently

[2:03:54] underway. Um, the applicant is coordinating with the town regarding available sewer

[2:03:59] capacity, so it didn't seem like they were all met. It seemed like they, they had

[2:04:04] a potential idea of how they might need them, but they weren't essentially met at

[2:04:09] the time of the application.

[2:04:15] So

[2:04:19] The conditions that were supposed to have been met haven't been met. Uh, and Let

[2:04:26] me get this right cause you know I'm the new guy so I have to ask these questions.

[2:04:30] And so, I'm asked to allow it even though they haven't been met by the

[2:04:37] partition. they haven't been met and so as a council member, then it's my duty if

[2:04:45] I'm reading my job right. It's my duty to deny something that hasn't been met. Is

[2:04:51] that correct?

[2:04:55] I, I don't know if you're asking me, but there seems to be a little bit of a dis

[2:04:59] uh dispute as to whether the, the actual requirements for an RV park were, were met.

[2:05:06] Um, certainly the sanitation one seems to be, uh, the one that was a little bit up,

[2:05:11] and that's we heard arguments both sides on that, which is that the health and which

[2:05:16] is the health and safety concern that is in the We know the grounds for denying an

[2:05:22] appeal. And we also know that the police matter hasn't been met at all by Mr. Luna.

[2:05:28] Um, so, and I mean I don't know about anybody else, but I've been around a lot of

[2:05:32] RV parks. I had a 45 footer that we cruised around the US for a while. It didn't

[2:05:37] matter where you went, there was always an issue, at least one or two issues. In

[2:05:40] every RV park I was ever in. So, I mean, I know there's gonna be some calls of 200,

[2:05:46] 400 different people getting together anywhere. So, um, you know, it sounds like

[2:05:52] to me again, I mean, I'm just a new guy, and forgive me, but it sounds like to me

[2:05:57] it just hasn't been met. The conditions for the Uh, for the press.

[2:06:14] commission.

[2:06:25] I agree that the conditions haven't been met. Do, do we give them an opportunity

[2:06:30] to meet those? Yes, they didn't meet them before. Some of it was the discussion in,

[2:06:36] but that's what I was gonna add to, you know, if you have concerns about the, the

[2:06:40] sanitation, you can approve the, the cup with additional conditions that we need,

[2:06:47] we need to get more information about sanitation or, or whatever the, the other,

[2:06:51] uh. Health and safety concerns wouldn't be. You can't ask for that, right? But again,

[2:06:58] we're not here to approve the cup necessarily. We're here for the RV part. That is

[2:07:05] not what the cup that is that's the that's the cup cause I'm confused with all this

[2:07:12] stuff up here. The RV part cannot go forward unless it is underneath the conditional

[2:07:18] use permit. OK, that's one of the conditional use permit. You can provide the conditions

[2:07:25] to grant that permit. So what conditions do you want to impose on the Lunas to, to

[2:07:31] allow them to do this? That's what this is. That's what the council needs to decide.

[2:07:36] So, so if there's conditions that he doesn't want to meet, he has opportunity therefore

[2:07:41] not to do it or to add something else, more cabins or. You know, I mean, just, yeah,

[2:07:49] that's that would have to come back to the town and that would have to be used and

[2:07:55] that'd be another approval for additional use again it, it depends on what the use

[2:08:01] would be and if it was allowed. So the three options again are you can deny. And

[2:08:05] uphold to see the commission's decision that they made. You can approve and have

[2:08:11] it go back to the commission, um, which again could cause problems there if they

[2:08:17] come back with plans and they still don't meet those health and safety, or you can

[2:08:21] approve with conditions that you'd be safe instead. Well, I'm not qualified to figure

[2:08:26] out what the conditions are, so I mean, I, I don't know how I'm gonna do that one.

[2:08:31] I mean, are you qualified to do that? No, but let me give you an example. Water,

[2:08:36] OK. Water is, I think we've all agreed that that's an issue. So, does this give us

[2:08:44] the opportunity to go to Mr. Liu and say, you know what, the town of Eager needs

[2:08:48] a new weapon. We have some engineering surveys that show where Productive arsenic-free

[2:08:55] wells can be drilled. Are you willing to partner and pay X amount of this new well

[2:09:01] in order to have this? This, uh, RV part.

[2:09:08] So those are the kinds of conditions that can be applied, am I correct? And I guess

[2:09:13] I wanna, I would turn to see if is that, is that a realistic condition I guess from

[2:09:17] your perspective. I, I disagree with has worked for the job a lot longer than me.

[2:09:23] I'm not aware of any. Current sites that are engineered, I know that Brennan has

[2:09:29] been working with, uh, well drillers and such to develop such sites, but I don't

[2:09:34] know that those are readily that that would be that we could say this is our condition

[2:09:40] if we did find this this solution. This is the condition that you need to make, you

[2:09:45] know, we don't have that, that kind of time tonight,

[2:09:49] so you can, I mean, like I said, there's, there's the three options of upholding

[2:09:55] what can be put for again you guys have, they've been appointed to look at code and

[2:10:00] to know these things and to research. They can do this lightly they're. And they

[2:10:05] appreciate business and they want that. We wanna do it at the appropriate rate, so

[2:10:10] you would deny it based on their decision and that backing. You can approve it and

[2:10:15] send it back to PNZ with a, hey, we want a better plan. We need to know what you

[2:10:21] plan to do with water, sewer infrastructure. Direct them to work with manager either.

[2:10:27] To make sure that they're meeting those and when that is ready or we all feel that

[2:10:32] it is cohesive enough, it would come back to planning and zoning who then would set

[2:10:37] potentially other conditions or you approve it with conditions again where you are

[2:10:42] new that may not be the best option for all of you because you don't know the code.

[2:10:51] So that's the reason I keep going back to the same question. If we deny it cause

[2:10:56] I'm not.

[2:10:59] That kind of an engineer, if we deny it, uh, for lack of information, Mr. Luna there

[2:11:06] can come back a year from now and have everything taken care of and resubmit. Correct.

[2:11:13] Am I correct? So I'm not telling Mr. Luna he can't do this. I'm saying that I don't

[2:11:20] have enough information and or I don't feel confident enough to go forth and say,

[2:11:26] OK, there's something that doesn't seem to be ready to be OK. That's where I'm at.

[2:11:35] OK. The other alternative that she was explaining is we can turn it back and say,

[2:11:40] OK, we're the staff. Can you supply the well? Can you supply? Are you willing to

[2:11:46] pay for the Sioux extension from 4th up the school bus road? That's a benefit to

[2:11:50] the town. Are you willing to do what are you doing for

[2:11:56] this is all gonna be the same though. So Brett, I have a question. Are there specific

[2:12:03] time frames, meaning if, if we remand this back to planning and zoning, is there,

[2:12:10] is there time restraints on that? Do we have to be specific on what needs to be addressed?

[2:12:18] I see what you're, uh, well, it does become null and void in 6 months, I guess, um,

[2:12:23] official use committee, um, but it's. As far as like time time limits for planning

[2:12:27] zoning to get you additional information, I don't, I'm not aware of anything as far

[2:12:31] as that goes, um. And it does, you know, say that, you know. Yeah

[2:12:40] So I guess once you, once it's approved, there are time limits. I guess we're kind

[2:12:43] of in the, in the period of just evaluating the appeal. So I don't think there would

[2:12:47] be time limits for, for your decision on that. It just um just wanted to be noticed

[2:12:54] in a public hearing like we've done and then uh it says that you're supposed to make

[2:13:00] a, make a decision. After the public hearing in accordance with this criteria. So,

[2:13:06] I guess that's a little up to interpretation and whether that needs to be made tonight

[2:13:10] or if you wanted to, to uh get some more information and continue this hearing at

[2:13:16] the next uh meeting, I think that'd be appropriate too.

[2:13:21] So Even if it was to go back to PMD, they have 6 months to show that work has commenced.

[2:13:28] Yeah, that's, that's where that 6 months comes to engineering plans, things like

[2:13:33] that, um, that's what like Mrs. Wester brought up was that they're, they've been

[2:13:38] in constant communication. They've shown us engineering. They've worked with us on

[2:13:42] different things and shown us plans, and so there's a lot of work going on behind

[2:13:46] the scenes that has to be occurring during that time. It could be. Yeah, so, so once

[2:13:52] it's approved, that's when that 6 minute, 6 month clock starts. So. If you're still

[2:13:59] just debating it, then it hasn't started.

[2:14:06] Yes

[2:14:18] Oh.

[2:14:23] Oh Jesus.

[2:14:28] OK, my, my idea.

[2:14:32] Send this back to the planning and zoning.

[2:14:38] More fully. With the complete plan concerning water.

[2:14:45] Supply And, and sue her. And that the, the road

[2:14:53] situation that, that has been described earlier. Is, is that an option and, and It's

[2:15:01] not really an option that's contemplated in the code, but if that's what the, if

[2:15:06] that's what the council needs in order to, to make its decision. Then I think that's

[2:15:11] appropriate, but it, you know, the code just says after a public hearing that you

[2:15:15] are to either approve, approve with conditions or deny the application. OK.

[2:15:25] Uh I make a motion that we upheld uphold the planning and zoning's decision to

[2:15:33] deny this conditional use permit. Motion has been made and seconded to uphold the

[2:15:40] planning and zoning decision to deny this appeal. All in favor of that. Opposed.

[2:15:49] Sorry. OK, motion carries. The appeal is denied.

[2:16:07] All right, moving on to item 12C. Second reading of the wildlife fence ordinance.

[2:16:14] Discussion of possible action to approve the second reading of ordinance 2026-02.

[2:16:19] Wildlife fence, Brittany. OK, sorry, mayor council, so because we have new indulge

[2:16:27] me. I'm going to read this again and kind of go over what I did the first time, so

[2:16:31] I apologize, um, but I just want the new council to be aware of why we are looking

[2:16:38] at this. The commission has faced, um. 5 different CUPs for elk wildlife

[2:16:46] type fencing just in the past roughly 4 months um and so we were looking at code

[2:16:53] after talking with Manager Eager and uh Tony Rigg we decided that we needed to update

[2:17:00] code to allow people to build fences that would keep out deer, elk, other wildlife

[2:17:06] to protect their homes, gardens, um. Ways of life so that that will move on. So sorry,

[2:17:13] I'm gonna read it. Bear with me. Um, so Walden fence is one height, no wall heads

[2:17:18] or solid fence over 4 ft high or other fence such as stream length wrought iron split

[2:17:24] rail, um, so pole. So it kind of goes over all of those things. The proposed addition

[2:17:30] is at the bottom of that. So we would have a section 5. So you have 4 different criteria

[2:17:36] that normal fences have to meet. Um, the fifth is wildlife fences. Notwithstanding

[2:17:41] the fence height limitations otherwise provided in this section, a fence constructed

[2:17:47] primarily to prevent out deer or other similar wildlife from entering private property

[2:17:52] may be constructed to a maximum height of 8 ft without obtaining a conditional use

[2:17:59] permit, subject. To the following requirements. 1, the fence is constructed of open

[2:18:04] see-through materials such as woven wire, welded wire, or similar materials that

[2:18:10] maintain visibility. 2, the fence is not located within a public right of way or

[2:18:15] recorded easement. 3, the fence does not obstruct required site visibility triangles

[2:18:21] at street intersections or. Was for the fence is maintained in good repair so that

[2:18:25] wildlife is not trapped or entangled by all other applicable setback requirements

[2:18:31] of this code remain in effect. So again, this would only apply to those trying to

[2:18:37] protect gardens, yards, things of that nature. It would have to be open and see through.

[2:18:42] Um, we have the first reading. Last month with council, um, so this is just the 2nd

[2:18:48] reading and then Jessica will have the next item which would be the resolution to

[2:18:53] pass this. I would recommend approval of this addition to code. Um, it's helping

[2:18:59] people to be self-sufficient in our community and, and saving their lawns, gardens

[2:19:04] from devastating elk and deer infestation. Any questions?

[2:19:12] Yes. So my wall between me and my RV parked next door, I would have to be, I would

[2:19:19] have to get a conditional uh use permit, is that correct? Cause it's gonna be out

[2:19:23] of concrete. Uh, if it's above, um, 6, well, and yours is different, so you could

[2:19:30] go 6 ft high because it is in the back of your home. Right. If you go over 6 ft,

[2:19:36] then yes, you would have to look at a conditional use. At 6 ft. The elks still

[2:19:44] jump over it. You do have it. No, yeah, so if you wanted to use solid concrete for

[2:19:52] that, yes, we'd have to do additional use unfortunately, but the one at the park.

[2:19:57] Yes. Any other questions for Brittany concerning the wildlife fencing? Thank you.

[2:20:03] All right. Make a motion to approve the second reading of Ordinance 2026-02 wildlife

[2:20:10] fence. So yeah, motion has been made and seconded to approve the second reading of

[2:20:16] Ordinance 2026-02. All in favor of that in your post. That motion carries.

[2:20:25] Item 12D. Purchase and sale agreement. Discussion possible action to approve the

[2:20:30] purchase and sale agreement between the town of Ere and the Church of Jesus Christ

[2:20:35] of Latter-day Saints regarding the old swimming pool property branded. Uh, Mayor

[2:20:40] and council, where the old swimming pool was on First Avenue in Eager Street. That

[2:20:47] property was originally gifted to the town by the Church of Jesus Christ of Latter-day

[2:20:53] Saints. That was in the 60s, I do believe. Um The town

[2:21:02] Used it, operated the swimming pool when that was no longer feasible. The swimming

[2:21:06] pool has been gone for a long time, and I know we keep hearing about a swimming pool,

[2:21:10] but I don't think we can afford that. Uh, this agreement was begun.

[2:21:19] 4 to 5 years ago with the church. The, the town cannot give the property back to

[2:21:26] the church because it's now public property. The church provided labor and materials

[2:21:32] to build the restrooms at Cowpuncher Pond. That's been complete for a few years

[2:21:40] now. We were drilling the town well on that property. That's complete now

[2:21:47] and this agreement is to use the work

[2:21:54] performed for the bathrooms as payment for the 0.37 acres of land

[2:22:03] and that would be the payment to sell that land back to the church. So with that,

[2:22:09] I would recommend uh council approval. It's been reviewed by, by uh Brett.

[2:22:17] And Uh, approved there also. And to clarify, the, the well that's recently

[2:22:24] drilled remains town property. Yes, the well that, that was recently drilled by the

[2:22:30] town is town property and the property inside the fence that's fenced around it will

[2:22:37] remain as town property. And the town has access to that at any time. Yes, of course.

[2:22:42] That's part of the agreement, yes. OK. And it's my understanding that the Church

[2:22:48] of Jesus Christ of Latter-day Saints plans on just kind of extending that landscaping.

[2:22:54] It's right there by that building, kind of extending that to the next corner with

[2:22:58] that rock landscaping just for some additional parking, and that's what the church

[2:23:04] is planning on using that for, so yes, and the church doesn't have access to the

[2:23:08] well. In, in the agreement, so when the agreement was made, The agreement was

[2:23:16] that because the, the town drilled the well, it's about what, 1520 ft from the

[2:23:23] well that the church had on the, on the property that existed that the church was

[2:23:27] still using. They used that well to water the ball field that's used for all the

[2:23:33] community, baseball, softball, Little League, all those things. The agreement was

[2:23:39] that if the, if the town drilled this well and the church's well went, went dry,

[2:23:46] that the town would supply water only to the sprinkler system at the ball field to

[2:23:51] nothing else. So that is a part of the agreement. Yes.

[2:23:58] So is it the same aquifer? I mean, if it goes dry, wouldn't that one go right too?

[2:24:02] Is it deeper? It's deeper. The town well is considerably deeper than the old well.

[2:24:08] They, they submitted how they're gonna landscape it, I guess. Did you say they have

[2:24:12] plans, or I don't know if this is a real important, but I, I guess they do. The church

[2:24:16] has plans, but I mean it's their property.

[2:24:22] OK. All right. Right.

[2:24:29] Any other questions for Brynn? All right, I make a motion to approve the purchase

[2:24:34] and sell agreement between the town of Eagre and the Church of Jesus Christ of Latter-day

[2:24:38] Saints regarding the old swimming pool property. Second has been made. Motion has

[2:24:44] been made and seconded to approve the purchase and sell agreement between the town

[2:24:49] of Eagre and the Church of Jesus Christ of Latter-day Saints regarding the old swimming

[2:24:52] pool property. All in favor of that? Aye. Any opposed? Ocean carries. Um

[2:25:01] 12 E Cybersecurity and access control grant agreements. Discussion

[2:25:09] possible action to approve a cybersecurity grant and an access control grant between

[2:25:13] the town of Eager and the Department of Homeland Security, Brandon. Mayor council,

[2:25:19] uh, we applied and, uh, We're granted, number one, a cybersecurity

[2:25:27] grant which will pay for a new server for the town, a new upgraded

[2:25:34] Uh Server which would make all of our records much safer also and give us a lot more

[2:25:40] space. Uh, that part for that grant is uh 29, I believe, 0.3, uh,

[2:25:48] 29. 1300. We're trying to get this right. Then the

[2:25:56] uh access control grant was also through Homeland Security and that will provide

[2:26:04] a new uh key system for all of our doors uh uh and the uh the keyless carded

[2:26:11] entry system. So, I would recommend approval of those 2 grants, upgrade our

[2:26:19] facilities.

[2:26:23] Yeah, we have to match or anything like that. Is there any cost, no cost, all that

[2:26:28] type of stuff. It was already in, in the budget. OK, sounds good. Any other questions

[2:26:36] for Brynn? All right, do I have motion? I'll make the motion. 2nd.

[2:26:46] Motion has been made and seconded to approve a cybersecurity grant and an access

[2:26:53] control grant between the town of Eager and the Department of Homeland Security.

[2:26:57] All in favor of that. Aye. Any opposed? Motion carries.

[2:27:04] Do I have a motion for adjournment? I'll make a motion that we adjourn for the night.

[2:27:09] Motion's been made and seconded to adjourn. All in favor of that. I have meeting

[2:27:13] adjourned. Thank you.

[2:27:18] Hey man.

Town Council- Reg & Pub Hearing

Transcript