by kathy bence

Photo by Lori Cole taken from New Harmony

To begin my report of the November 20 city council meeting, I’d like to repeat a disclosure I’ve shared before. We at the Toquerville Sentinel are not professional, investigative journalists. We are residents trying to keep you, our readers, more informed than you might otherwise be on city matters.

Even though we are at these city meetings or watching them on YouTube, we may not cover everything, we may not fully understand everything, and therefore may not accurately report on everything that happens at these meetings. Remember, you get what you pay for.

There were three important issues at this November 20 city council meeting. If my reporting on these matters is lacking, the good news is that you can watch it yourself. I have linked to the timestamp on the YouTube coverage where each topic is discussed.

Toquerville Parkway Update

Assistant city manager, Darrin LeFevre, gave an update on the bypass. Lynn Williams just wrote a must-read post with some history and specifics on this project. He interviewed Mayor Justin Sip.

At this city council meeting, there was as always, plenty of discussion about the bypass. Perhaps, like I have, you’ve seen a wet spot on the south side of the Hog back area, where the landslide was. To me it looks like they hit a pipe. However, it is not a wet spot, at least that’s what was said. It’s just a discoloration of the clay soil.

*Charlotte Potter*
*took this picture back in July. We thought it was water oozing out of the side of the hill, but perhaps we were mistaken.*

The power poles by the mailboxes are TDS internet poles and they will have to come down. The power will come from a power vault by Cholla Creek, go to the cemetery, and then to the location where it is needed. This has to do with the boring under the roads and the delays we’re experiencing as we drive by.

Water Reuse authorization Contract (Reuse = sewage treatment)

City manager, Ben Billingsley reported on the Washington County Water Conservancy District’s Reuse Authorization Contract. (WCWCD) The discussion begins here. The city manager, city attorney, and Councilman Gary Chavez (they said Gary) met with a WCWCD attorney.

State code requires Toquerville and other cities to sign this contract, which is 12 pages long (17 if you include the exhibit and signature pages). The city must sign this document in order to participate in the water reuse plan. Because this is such a huge commitment with long-reaching consequences, the city is researching and trying to understand and agree on what this means. Action on the contract was tabled. Discussion will continue and the council has time to continue to ask more questions.

From this discussion, the city has to agree with the WCWCD that water use is consistent with the water right. The purpose of the water should not change. If the WCWCD proposes a change, they would have to file a change application and Toquerville would have to agree.

We are not losing any rights to culinary water. This water reuse program should add more water to the irrigation water the city currently receives. The purpose is to free up the “good” water for culinary water only and supplement the irrigation water with reuse water.

The city has culinary water rights but does not have irrigation water rights. Irrigation water rights are owned by the WCWCD. The city will get reuse water rights with this contract. Councilman Wayne Olsen mentioned that we lost irrigation water rights 20 years ago. We don’t want to make a similar mistake again.

I’m not sure about this but a TSWS system was mentioned and this is perhaps what Wayne was referring to. Here’s from the WCWCD website:

In 1998, the district entered into an agreement to establish the Toquerville Secondary Water System (TSWS). This system replaced an open ditch canal with a pressurized irrigation system to provide water to the city and outlying fields while increasing conservation opportunities, improving system management and mitigating the safety issues presented by an open canal. Click here for additional information on the district’s acquisition of the TSWS and subsequent improvements.
The TSWS currently has more than 400 connections and is managed by a five-member board appointed by the district and city. The board manages the system, determines rules and regulations and establishes appropriate fee schedules. Current board members are Mayor Justin Sip, Ty Bringhurst, Joey Campbell, Dave Jessop and Zach Renstrom. Minimum delivery equals the amount of water the WCWCD guarantees the city. The city still pays, but the water is guaranteed. Unused water is forfeited at the end of the year—there’s no water bank for future years. Use it or lose it. Mayor Sip pointed out that this doesn’t encourage conservation.

A pipeline will be built from the reuse plant in confluence park to an upper pond and then to the reservoir. There was concern that part of the contract has a maintenance obligation, but it was stated that Toquerville is already obligated. When the contract is approved, the delivery point is the upper pond.

Depletion accounting was mentioned. Our culinary water source is Toquerville Springs (the best water source in the county) and water depletes for various reasons before it gets to the treatment plant.

Water whole sale rates are not set yet so the question came up, how can we sign a contract with unknown rates? The rates will be set by the WCWCD boards. Could reuse water cost more than drinking water? Possibly. But the culinary water will always cost more so both might go up.

This is a 50-year Reuse Authorization Contract—50 years! It can be amended though. By signing, Toquerville is starting the process. It doesn’t lock us in, according to the water district. Either way, I think it’s very wise that the city is taking time to thoroughly investigate before signing on the dotted line.

Bringing Subdivision code in line with the state

Emily Teeters, the planning and zoning administrator, reported on this, which is amending and restating in its entirety, Title 10, Chapter 19: Subdivisions of the Toquerville City Code to meet the requirements established by the Utah State Code.

This was another long discussion triggered by the need to comply with our big brother state government. The discussion begins here. These changes were approved by the city council.

This document is 39 pages long, with only one page for signatures. I’m not paid enough to read this thing. However, lots of “eyes” have been on it from the city. Here’s what 10-19A-1 says as an overview:

10-19A-1: OVERVIEW: A. The activities related to the use, sale and development of land have been determined by federal and state law to be in the public interest for local government to oversee and regulate in order to bring about the safe and orderly creation (and maintenance) of communities. These activities may include subdividing land into lots for sale, building structures, constructing roads, constructing trails and/or installing utilities. Toquerville City Ordinance 2024.XX (Subdivision Code Revisions) Page 2
B. In order to effectively regulate these activities, communities are empowered to establish review and permitting processes. This chapter contains the review and permitting processes for conventional subdivision developments, including simple subdivisions, master planned developments (MPD) and phased subdivisions. (Ord. 2012.04, 1-18-2012)

Wayne brought up that the state is telling us what to do, taking authority away from the voice of the people, the elected officials, and giving authority to an administrator, a “land use authority.” The preliminary land use authority is the planning commission, and the final land use authority is the planning and zoning administrator.

The state is requiring lots of changes to our code, with specifics about fencing, spacing, etc. From the discussion it seems that these code changes are mostly requiring timelines for the application process for single family and townhome subdivisions. Zoning decisions will remain with the city council. Perhaps the state just wants to assure that developers can get their jobs done. My observation is that the Utah state government loves assisting developers.

As an aside, I was a substitute teacher for the Los Angeles Unified School District. I was fortunate to have my children in another, much smaller, California school district. If I needed to talk with an administrator in our district, I could. If I wanted to talk with the same level administrator with LAUSD, it was impossible. That district was too massive, and those bureaucrats were tucked away in huge buildings like kings.

So, the good news is that for now, while Toquerville is still small, whatever the state mandates- it will have less negative impact. Also, the planning commission recommended passing these code changes. I know they carefully review what they get us into.

A possible escape from the subdivision code

I was contacted by a reader and told that the SB174 section below outlines an expedited process for subdivision application review; however, property within areas with geological hazards are exempt. Refer to the UT Geological Survey geological hazard maps for area maps (under Download Options).

10-9a-604.2. Review of subdivision land use applications and subdivision improvement plans

10-9-604.2 (2) The review cycle restrictions and requirements of this section do not apply to the review of subdivision applications affecting property within identified geological hazard areas.

If the state is rushing cities through the process to ensure more development, a city like Toquerville should carefully review these maps. If there are any possible hazards, a city is allowed to skip the deadlines and take all the time they need to keep potential developments safe.

Calendar of events

1. Toquerville Turkey Trot Trails Run – Thursday, November 28, 2024 at Center St Park 10:00 am

2. Tree Lighting Ceremony – Monday, December 2, 2024 at City Hall 6:00 PM

3. Wreaths Across America – Saturday, December 14, 2024 at Toquerville Cemetery at 9:30 AM

4. Christmas Lighting Contest – Sign up by Thursday, December 19, 2024 (But the council eliminated the need to sign up)

Council, bypass, Water, subdivisions