Council report
by lori cole
“Toquerville Farmland” by Lori Cole
This city council meeting (Feb. 7) seemed longer than it was and provided information that left me with even more questions. The bulk of the meeting was spent discussing the General Plan, but first, here are a few other updates:
Hurricane Valley Fire District
We heard an update from Merlin Spendlove with the Hurricane Valley Fire District. He advised that of the 465 total calls for service in January, eleven (11) of those were in Toquerville.
Calls for service data is valuable when we consider how to respond to the inevitable requests for more tax dollars. Last year, we narrowly escaped a huge property tax increase that the fire district requested. In many localities, it seems as if fire and school districts are rarely held accountable for their often-bloated budgets. By sending the request back for reconsideration, we are not saying no to providing any additional funding, but we are asking that the requested budget items be adequately justified and that the data provided be accurate. We all need to have leaner budgets, especially in difficult economic times.
The Mayor mentioned that Rep. Joseph Elison has written a bill (HB 442) to help fund the fire district. I encourage you to read the bill: LOCAL OPTION SALES TAX AMENDMENTS.
Planning & Zoning
Brad Robbins from Sunrise Engineering provided an update to our subdivision ordinance and the 2024 General Plan.
Robbins told us that last year, the Utah Legislature made some changes to the subdivision ordinance in the Utah State Code. As a result, cities and counties have started to address the changes and/or mandates by revising their own subdivision ordinances/codes.
The language that Robbins used left me with new questions for which I have not yet found the answers. For instance, he said changes will be made to let some “expedited measures be allowed to take place.”
Does that mean that Toquerville is being asked to make changes to our General Plan and ordinances that are not mandatory nor in our best interest? (Examples: Smaller lots, multi-family residences, less open space, etc., things that the majority of Toquerville residents do not want for our small town)
The city has until December to make the changes to the subdivision ordinance. I am not sure if the deadline is state-mandated or if there is another reason for the time limit, i.e., because Sunrise and the city are being offered up to 14k in funds by the Department of Workforce Services to help make the changes and perhaps, the use of the funds has a time limit. I’m working to find an answer to that question as well as all the others.
Robbins mentioned that another change coming is that city councils will no longer be approving plat maps; plat map approval will take place at “a lower level.” He was referring to S.B. 174 Local Land Use and Development Revisions, signed into law by the governor in March of 2023. Here’s the relevant wording:
414 (8) If a preliminary subdivision application complies with the applicable municipal
415 ordinances and the requirements of this section, the administrative land use authority shall
416 approve the preliminary subdivision application.
417 (9) A municipality shall review and approve or deny a final subdivision plat
418 application in accordance with the provisions of this section and municipal ordinances, which:
419 (a) may permit concurrent processing of the final subdivision plat application with the
420 preliminary subdivision plat application; and
421 (b) may not require planning commission or city council approval.
419(a) and 421(b) use the operative word “may” which implies some degree of discretion. Yet we don’t know how much and I’m left asking if unelected persons will approve city plat maps? See? I was serious about all the questions! Here are a few more:
1. Which change requests are state mandates and which are just requests and/or suggestions?
2. Which mandates apply to Toquerville considering our current population count?
3. Which requests and/or requirements should we as a city, and as residents, citizens, and voters, be pushing back on?
4. Do these mandates and requests agree with the vision and goals of Toquerville residents?
Most of us can agree that what Salt Lake City wants is not necessarily what citizens of rural Southern Utah want. If the state legislature isn’t looking out for our best interests, we need to speak louder and hold our politicians and each other accountable.
Public Forum
Ray Bence informed us that the FCC has approved a FM radio call sign license for the City of Toquerville to transmit and have our own radio station. If we don’t use it we lose it and the license belongs to the city. He suggested that the city discuss what they would like to do with the channel.
General Plan
A short introduction to General Plans was provided by Brad Robbins from Sunrise Engineering. He provided a short history, requirements, etc. To summarize, a General Plan (GP) is meant to be our vision and goals for the city for the next 30 years. The State of Utah considers a GP to be an advisory document and it is suggested that we update our GP every 5 years and every time we change zoning.
The City of Toquerville GP is broken down into 7 elements (chapters/topics) and then several “goals” associated with each element.
1) Land Use (23 goals)
2) Transportation (15 goals)
3) Moderate Income Housing (13) goals, PLUS Utah State mandates that we include 3 state-approved strategies to include this type of housing in our town. **There was a lot of discussion on this later in the meeting.
4) Historic Preservation (15 goals)
5) Recreation (18 goals)
6) Utility and Public Safety (26 goals)
7) Economic Development (14 goals)
The GP document has been reviewed by the Planning Committee. You can review the GP draft here.
Public Hearing – Toquerville City General Plan Amendment –
Toquerville citizen Kathy Bence spoke during the open forum, mentioning the trouble people had with the public survey from 2022. She said that whatever information was gleaned from the residents in that survey hasn’t been used to put together the master plan. She questioned why the survey results weren’t driving city policies.
Ray Bence also spoke, advising what he had learned while talking about the GP with people in Apple Valley. They informed him that most citizens in Apple Valley decided they did not want to change any zoning to commercial. They do not want any economic development for now. Zero re-zoning for economic growth can be achieved if enough citizens want it and the city leaders listen to the citizens.
Business
The previous General Legal Counsel resigned, so Gallian, Welker, & Associates was approved as the interim General Legal Counsel for the city while the City of Toquerville advertises for new, permanent counsel.
The city council voted to authorize the mayor to sign the contract between Toquerville City and the State of Utah authorizing the acceptance of a $4.5 million grant for the Toquerville West Off-Site Water Tank. The mayor advised that we expect the water tank to be completed in 2024.
Question: What is the State of Utah getting from the City of Toquerville in exchange?
The Firelight development is agreeing that they will cover any cost overruns. The Firelight representative was present at the meeting and stated that the contract for the water tank is 4.7 million, so they are already anticipating cost overages.
Discussion and Vote on the Toquerville General Plan Amendment
One of the council’s intentions was to create a GP that was considered more regulatory than advisory. By doing so, the council is attempting to protect Toquerville as much as possible from the problems faced by communities that do not share our small-town values. The city will have to conform to any state mandates, of course.
It’s important to point out that while some do not think this is an important distinction, too many of us have seen what happens in rural communities that do not adequately plan and protect their futures. This is a 30-year vision! While it is only an attempt to protect Toquerville from the ravages of uncontrolled, unplanned growth, it is better than no protection.
Councilman Gary Chavez pointed out that there were differences between what the majority of Toquerville residents want (to preserve the rural character of the city for one example) and a few of the “goals” outlined in the GP. The first one he mentioned was the goal regarding low-income and high-density housing.
He asked why it was listed as a “goal” in the GP. Toquerville is not even close to being a Level 5 City yet, so these zoning mandates from the State do not apply to us. The discussion was lively and convoluted, ranging from “goals” aren’t really goals, the state will mandate it for us in the future, and even this: we can save water by making lots smaller…?
Continuing the discussion of high-density housing and smaller lot sizes, someone stated that we are already locked in regarding Firelight. Yes, we are. That is why deciding what residents want and promoting our goals for our city is important to do before agreements are made to re-zone and allow developments like Firelight. Before you know it, we’ve thrown up our hands ten times and the city we knew and loved is forever changed. We cannot reclaim open space lost to development.
Regarding goals of economic development: Councilman Chavez suggested adding a goal that states the focus of economic development will be to provide goods and services that support the needs of Toquerville residents rather than catering to tourism. I guess that would mean the entire Toquerville bypass won’t be lined with RV parks after all…maybe.
Ultimately, the amendment to the GP was approved 4 to 1, without making the changes that Councilman Chavez suggested about the focus of economic development. Sunrise pointed out that preventing “leakage” was mentioned in a different chapter of the GP, and so the focus of economic growth was essentially addressed elsewhere. “Leakage” was described as when Toquerville residents must spend their money outside the city because Toquerville does not have the services they require.
Water efficiency ordinance and the Road to the falls
Moving on, the council voted to approve the Water Efficiency Ordinance, they did not de-annex the road to Toquerville Falls back to the county but decided that they would consider a road maintenance agreement instead. More discussion is needed.
Nephi’s Twist
The council is trying to find a balance between providing public trails, the Master Development Agreement for Trail Ridge Estates (TRE), and the residents who live in TRE. The original signed agreement with the developer who built was that Nephi’s Twist trail would remain open and accessible. Now, TRE residents complain of the noise, partying, illegal dumping, and destruction of property associated with the trails. There is a legal issue, a public health and welfare issue, nuisance issues, and enforcement issues at the very least. In the end, after an even more lively discussion, the council decided they required further information and discussion on Nephi’s Twist.
Helpful Links and Info
https://le.utah.gov/asp/passedbills/passedbills.asp?session=2024GS
https://le.utah.gov/~2024/bills/static/HB0442.html
League of Cities and Towns website https://www.ulct.org/home
The Utah League of Cities and Towns was founded in 1907 for the purpose of advocating municipal interests in the state of Utah. ULCT is a non-partisan, inter-local, government cooperative. The League now represents 245 incorporated municipalities in the state. In addition to promoting municipal interests at both the state and federal levels, the ULCT provides information, training, and technical assistance to local officials on municipal issues. Wikipedia
Be sure to check out the upcoming event schedule!