Council bans fireworks for July holidays, adopts $44.8 million budget, public safety impact fee and Curleybird data center agreements, all 4-0
June 15, 2021, 4:00 p.m. · Eagle Mountain City Council Chambers, 1650 E Stagecoach Run, Eagle Mountain, Utah
With Council Member Jared Gray absent for most votes, the council banned fireworks for the July 4 and July 24 holidays and restricted open fires on undeveloped land through Aug. 31, adopted the fiscal 2021-2022 budget and certified tax rate, enacted a police impact fee of $42 per residential unit, and approved development and water-sewer agreements with Curleybird, LLC for a data center next to the Facebook site. It tabled the sale of a city parcel and the Hidden Hollow Phase C plat.
From the approved minutes. Updated October 14, 2026.
Decisions at a glance
| Item | Result |
|---|---|
| Development agreement with Curleybird, LLC (data center) | Approved · 4-0 |
| Water and sewer agreement with Curleybird, LLC | Approved · 4-0 |
| Fireworks restrictions for 2021 | Approved · 4-0 |
| Fiscal year 2021-2022 budget and certified tax rate | Approved · 4-0 |
| Final fiscal year 2020-2021 budget amendments | Approved · 4-0 |
| Public safety (police) impact fee | Approved · 4-0 |
| Disposal of significant real property: 1.5 acres of city land (Hidden Hollow Phase C) | Tabled · 4-0 |
| Hidden Hollow Phase C preliminary plat and site plan | Tabled · 4-0 |
| Continuing education reimbursement and payday change | Approved · 4-0 |
| Consent agenda | Approved · 5-0 |
| Planning updates: Jeppson Auto, District at Town Center, Rush Creek, Deer Haven (work session) | Discussed |
| City administrator update (work session) | Discussed |
| Closed session motion | Approved · 4-0 |
Agenda, item by item
Item 15.A · Development
Development agreement with Curleybird, LLC (data center)
Approved · 4-0
Economic Development Director Aaron Sanborn described 320 acres in two parcels next to the Facebook site in the Regional Technology and Industry Overlay, for an enterprise data center with about $600 million in initial investment. Terms include a municipal energy tax reimbursement of up to 80 percent if renewable energy is used (Facebook receives 100 percent), the city may request up to $3 million for road damage, impact fees at building-permit rates with no prepayment, and a 40-year term with renegotiation if roadwork is not started in five years, the first phase plan is not submitted in seven, or construction has not started in ten. City Attorney Jeremy Cook asked for authority to adjust the liability cap and wording. Council Members Colby Curtis and Carolyn Love asked the city to focus on business diversity rather than more data centers because of water concerns.
- Land deal$600.0 million
- Payment$3.00 million
- Acres: 320 on two parcels
- Initial investment: about $600,000,000
- Term: 40 years
Item 15.B · Contract
Water and sewer agreement with Curleybird, LLC
Approved · 4-0
The city reserves 1,000 acre-feet of water initially, expiring if milestones are missed, and the company has a right of first refusal on an additional 2,000 acre-feet with 30 days to secure water if remaining city capacity falls to 3,000 acre-feet. The company pays current share prices and rates, and the city may use the company's secondary water for a reuse system. The liability cap changes apply here too.
Item 12.D · Public safety
Fireworks restrictions for 2021
Approved · 4-0
Mayor Tom Westmoreland, Sgt. B.J. Eccles of the Utah County Sheriff's Office and Battalion Chief Embret Fossum of Unified Fire Authority described high fire risk, a red flag warning and limited water supply. Cook said a violation adds an infraction with a fine of up to $1,000 plus civil liability for suppression costs. Council Member Donna Burnham and Love favored a citywide ban for clarity and water protection; Curtis favored the stricter map but hesitated on a citywide ban, noting state law bars banning only one type of firework; Council Member Melissa Clark noted alternative celebrations cost far less than fire suppression. Residents Jeff Ruth and Bob Clegg asked for a ban. The resolution prohibits fireworks during the July 4 and July 24 celebrations and restricts open-flame fires on undeveloped land until Aug. 31, 2021.
Item 14.B · Budget
Fiscal year 2021-2022 budget and certified tax rate
Approved · 4-0
Finance Director Kimberly Ruesch said the budget adds more than $30 million in capital infrastructure, including Airport Road Phase Two, and about 12.5 new full-time positions. The certified tax rate declined; property tax revenue is about $1.9 million against $1.7 million last year, with growth adding about $200,000. Jerome said the rate has decreased for four years and is the lowest in city history. Curtis objected to the Wasatch Wing and Clay Road project; Steve Mumford said it is excluded and would need a separate county agreement and council approval. No one spoke at the hearing.
- Budget$1.90 million
Item 14.A · Budget
Final fiscal year 2020-2021 budget amendments
Approved · 4-0
Ruesch said the amendments allocate CARES Act funds and impact fee transfers, and the city received extra funding to prepurchase Central Water Project shares. Curtis asked for a detailed accounting of CARES Act and American Rescue Plan funds; Ruesch said the CARES Act funds are spent.
Item 14.C · Taxes and fees
Public safety (police) impact fee
Approved · 4-0
Consultants from Lewis Young Robertson and Burningham presented a police facility cost of $11,109,356 with $820,971 attributable to the impact fee, $66 per call, yielding $42 per residential unit and $145 per 1,000 square feet of nonresidential space. Fred Philpot said $42 is below the typical $150 to $350 range elsewhere because of a low square footage level of service. Increases take effect after a 90-day wait. No one spoke at the hearing.
- Fee$42
- Fee$145
- Budget$11.1 million
Item 13.A · Development
Disposal of significant real property: 1.5 acres of city land (Hidden Hollow Phase C)
Tabled · 4-0
Mumford said staff recommends selling the 1.5-acre parcel to the applicant because of a road relocation; two new appraisals are in the packet, a public hearing and 14-day notice to adjacent owners are required. The council tabled the item.
- Land dealAmount not given
Item 13.B · Subdivision
Hidden Hollow Phase C preliminary plat and site plan
Tabled · 4-0
The Planning Commission recommended approval 3-1 on May 11 with 11 conditions, including purchase of the city parcel at fair market value, no blasting, dedication of about 35 acres of open space, stepped retaining walls, and changing two private roads to 53-foot public rights-of-way. The council tabled the plat and site plan.
Item 12.A · Other
Continuing education reimbursement and payday change
Approved · 4-0
HR Manager Angela Valenzuela proposed raising reimbursement from up to $1,500 to $2,500 a year or 75 percent of cost and moving payday from Thursday to Friday. After an initial approval, members reconsidered when a comment raised a 25 percent employee share for certifications, and then approved it with the 75 percent cap removed.
- Budget$2,500
Item 9-12 · Contract
Consent agenda
Approved · 5-0
The consent agenda included the 2021 spray-applied seal coat with Morgan Pavement (M&M Asphalt will finish a 1,000-square-foot area it started and warrant it two years), a SilverLake Plat 19 bond release out of warranty, an interlocal agreement with Mountainland Association of Governments to complete Pony Express Parkway, and a fee schedule change for Central Water Project water use rates. No dollar amounts are stated.
- ContractAmount not given to Morgan Pavement
Item 1.B · Development
Planning updates: Jeppson Auto, District at Town Center, Rush Creek, Deer Haven (work session)
Discussed
Senior Planner Tayler Jensen said the Planning Commission unanimously recommended approval of the Jeppson Auto site plan, the District at Eagle Mountain Town Center rezone (with a CN buffer near The Landing), the Rush Creek general plan amendment and the Deer Haven general plan amendment. The Deer Haven rezone and preliminary plat each drew 3-2 recommendations, with dissent over connectivity after staff-recommended road connections were removed. The applicant wants to keep corridor land private under a conservation easement; Wendy Fisher of Utah Open Lands said easements are strong tools but preferred city ownership and offered to steward the land.
Item 1.A · Roads and utilities
City administrator update (work session)
Discussed
Airport Road Phase One is funded this year with bonding to be explored for Phase Two; Pony Express Parkway widening should finish in late September; the Lone Tree traffic light and trans-valley sewer lift station are nearly or fully operational.
Other
Closed session motion
Approved · 4-0
The council voted to go into closed session to discuss the purchase, lease or exchange of real property.
What residents said
Fireworks and wildfireWater supplyData center water useLight pollution
Jeff Ruth and Bob Clegg asked for a fireworks ban. Nick Jessen of Friends in Need Animal Rescue asked for ladder signage at Lake Mountain Road and Pony Express Parkway. Jane McAfee asked for staff contacts and complained of light pollution from the Tyson facility. Carol Crane (written) raised Cedar Pass Ranch concerns about infrastructure, speed, horse trail safety and a possible connection to a new development, and asked why funds are not spent widening SR-73.