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Hurricane City Council approves series of agenda items; drafts amended Elam Valley agreement

3380734 · January 16, 2025
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Summary

Hurricane City Council approved multiple agenda items at its meeting, including board appointments, a fee waiver to sponsor the Hurricane Farmers Market, dissolution of the Community Education Channel Agency and a memorandum of understanding with the Shivwits Band of Paiutes. Council also asked the city attorney to draft an amendment to an Elam Valley reimbursement agreement to allow remaining impact-fee vouchers to be used under specified terms.

Hurricane City Council members voted on several agenda items during the meeting, approving a consent agenda of board appointments and minutes, waiving fees for the Hurricane Farmers Market, authorizing dissolution of the Community Education Channel Agency and approving a memorandum of understanding (MOU) with the Shivwits Band of Paiutes supporting a federal fee-to-trust application. Council members also gave direction to staff to draft an amended agreement for Elam Valley developers that would permit use of previously issued impact-fee vouchers under specified terms; the council asked the city attorney to return a written amendment for final consideration.

Why it matters: The votes change who sits on multiple advisory boards, affects how public meeting broadcasts are handled in the region, commits the city to a negotiated approach with a nearby tribe on proposed tribal development (if the tribe's BIA application succeeds), and sets the terms under which a large developer's remaining impact-fee vouchers may be used. Several items also carry budgetary or long-term municipal infrastructure implications.

The council actions at a glance

- Consent agenda (minutes and multiple board appointments): Approved on voice vote. Motion: Councilman Ellerman; second: Councilman Thomas. Items included appointment of Clark Faucet to Ash Creek Special Service District board; planning commission appointments (Amy Wear and Michelle Smith replacing Rebecca Broneman and Michelle Cloud); airport board renewal and new appointment; beautification board appointments; and other routine renewals.

- Farmers Market sponsorship (new business item 1): Council approved waiving power and rental fees, extending the market season to run Saturdays from March through November (excluding Peach Days weekend and other event conflicts). Motion by Councilman Thomas; second by Councilman Hershey. Vote: unanimous on voice.

- Resolution 2025-12, Community Education Channel Agency dissolution (new business item 2): Council approved a resolution authorizing dissolution of the interlocal cooperative agency that ran a community education channel and directing disposition of equipment to Utah Tech University (formerly Dixie State College). Motion by Councilman Fawcett; second by Councilman Hershey. Vote: Aye.

- Memorandum of Understanding with the Shivwits Band of Paiutes (new business item 3): Council approved a proposed MOU that would commit the city to certain inspections, land-use compliance with building codes and payment of impact fees prior to vertical development; the MOU also outlines a proposed annual community contribution fee intended to approximate lost tax revenue (1% of current land value, increasing 3% annually). Motion by Councilman Thomas; second by Councilman Ellerman. The council voted in favor by roll call.

- Hinton home relocation (new business item 5): Council approved moving the historic Hinton home from Wells Fargo property to a site adjacent to the museum / splash pad contingent on coordinating ownership and asking Wells Fargo whether it will pay for the slab; Wells Fargo has agreed to pay to move the building itself. Motion by Councilman Thomas; second by Councilman Hershey. Vote: Aye.

- Elam Valley reimbursement agreement (old business item 7 / extended discussion): Developers requested extension of a reimbursement agreement that originally issued 196 street-impact vouchers following dedication of Santa Hollow Road. The original agreement included a 15-year expiration clause; most vouchers were unused when the agreement matured. After extended public discussion and testimony from developer representatives, the council instructed the city attorney to draft a written amendment that would permit use of the remaining vouchers under specific terms (a 24-month window was discussed in council motion), specify how current impact fees are applied and address circumstances that delayed use. The mayor noted litigation and an economic downturn as context discussed on the record. Council then voted to have the city attorney draft the amendment and return it to council for final approval.

Meeting context and next steps: Several items require follow-up staff work. The Shivwits MOU is conditioned on BIA fee-to-trust approval; the Elam Valley action requires a drafted amendment and subsequent formal vote; the Hinton home relocation requires coordination with the property's owner and the Heritage Park Foundation. Staff indicated they will prepare written contracts or amendments for council review.

Quotes from the meeting (verbatim, attributed to speakers recorded on the agenda): "We met with the Shivwits, a few of the council members, the county commissioners. And as we met, it was really beautiful to see what they use their funds for," said the mayor during the introduction of the Shivwits item. Mark Echo Hawk, tribal attorney for the Shivwits Band of Paiutes, told the council, "This is a very important meeting for the Shivwits Band of Paiutes. They greatly value their relationship with community members and state and local government." Lauren Walker, representing Ila Valley Planning and Development, addressed the Elam Valley extension request and said, "The national housing crisis happened the same time we signed this in 02/2008... we could not use them, as hard as we tried." Ending: Council members asked staff to return written versions of the MOU and the Elam Valley amendment; further formal votes will appear on a future agenda.