Tavaci annexation petition
RE: TAVACI PETITION for ANNEXATION into the City of Cottonwood Heights
My report to you today is to share my statement made to the mayor, city council and staff today.
For anyone who is only beginning to follow the process, Tavaci is a group of 43 lots located on the steep mountainside on the north side at the entrance to Big Cottonwood Canyon off SR 190. The parcel, originally located within the City of Cottonwood Heights boundaries, was annexed out of our city when the developer chose to build out the housing development outside of our city’s building requirements. It was annexed into Salt Lake County. The current homeowners wish to annex back into Cottonwood Heights.
In September, 2023, a discussion of whether to allow the Tavaci homeowners to start a petition process for annexation began. I asked the question of whether we “had” to accept the request for petition. According to CH legal counsel, the answer is “no, we do not have to accept their request for petition.” I went on to state the reasons why the City would be better off not opening the door to what could become an undue financial burden to the City. Led by Council Member Bracken and supported by all other council and mayor was an insistence that we allow the process to go forward. Though I dissented during the discussion, I voted along with my council colleagues to allow the petition as a show of good faith to “fully examine the situation.”
There has been significant coverage of the ongoing city council discussions and public comments. See www.cottonwoodheightsjournal.com and/or https://www.cottonwoodheights.utah.gov/your-government/elected-officials/council-meeting-agendas-and-minutes
The following serves to update my D4 constituents, and is not a statement on behalf of the City.
"I would return council and staff’s attention to a key to our analysis.
The initial design and building of the roadway into Tavaci was in the tens of millions of dollars. According to the Tavaci financial disclosures, they have a nearly $300,000 reserve, which may be robust for average HOA‘s along public corridors but in the case of this unusual neighborhood only relying solely on one ingress/egress of a steep, winding road and bridge, a reconstruction could be many millions of dollars.
Our city attorney has already indicated and advised that once annexed, any future council, by a majority vote (3 members), could bring the O&M operations and maintenance costs as well as responsibility for road reconstruction under the city. Unless we are willing to do an analysis of what a potential rebuild of that road would cost and ask for a bond in that amount, voting yes for the annexation, we are financially risking a heavy encumbrance on the taxpayers of Cottonwood Heights should a future council majority choose different policy.
Future annual property tax revenues of up to $150,000 a year will be a drop in the bucket should the city find itself financially obligated to keeping the only way in and out of this neighborhood functional.
I have respect and compassion for the Tavaci homeowners who wish to annex into Cottonwood Heights but my chief obligation is to the existing residents of Cottonwood Heights, their health and safety and my duty to look after the fiscal health of our City.
The "Tavaci of Big Cottonwood Canyon Homeowners Association, Inc" appears in the Utah State Department of Commerce as having missed its filing deadline for renewal and has been dissolved. The HOA information therein was outdated and describes itself as a “non-profit”. I would also need to see in writing the verification of Tavaci’s claimed nonprofit status. If the current HOA is liable for 18 years of back taxes, this could jeopardize their financial stability.
Additional due diligence:
Obtain a copy of the HOA’s bylaws
Check with SLCO to see if Tavaci petitioned to have the county take on ownership of the Tavaci Road
Check to see if Tavaci requested annexation into Holladay
Sincerely,
Ellen Birrell"