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