Regular City Council Meeting - Minutes - Utah.gov
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Regular City Council Meeting
Minutes
Tuesday, February 9, 2021 at 6:00 pm
AGENDA
A regularly scheduled meeting of the Duchesne City Council will be held at the
Duchesne City Office Building, 500 East Main, Duchesne, UT at the above date and time.
The agenda will be as follows:
1. Roll Call, Prayer, Pledge
Minutes:
Mayor Rodney Rowley conducted the meeting. City Recorder, Kim Riggle, took
minutes. City Council Members present were Jason Baker, Dawnette Browning,
Jeannie Mecham and Danny Peatross. Council Member Bryce Hamilton was excused.
Public Attendees: Lane Genereaux, Susan Hamilton, Haley Poulsen, Mike Miles, Jerry
Allred, Dea Skewes, Cody Ivie, Jeremie Tubbs, Pamela Juliano, Jwad Hassan, Noraldeen
Hassan, and Deb Herron.
Council Member Baker offered the prayer.
Mayor Rodney Rowley led the Council and Public in the Pledge of Allegiance.
2. Minutes
Minutes:
The City Council postponed accepting the minutes for January 27, 2021 until next
meeting on February 23, 2021.
3. Bills
Minutes:
MOTION by Council Member Browning, seconded by Council Member Peatross to pay
the bills.
Council Member Baker – Aye
Council Member Browning – Aye
Council Member Mecham– Aye
Council Member Peatross - Aye
Motion carried by unanimous vote.
4. Charges & Credits
Minutes:
The Council reviewed the Charges and Credits Report.
5. Financial Statement Budget ReviewMinutes:
The Council reviewed the Financial Statement Budget Report.
6. Audit Review - Mike Miles
Minutes:
Mike Miles from Aycock, Miles & Associates reviewed the Annual Audit Report with the
City Council. He gave the Council a copy of the audit and a one-page summary of the
City's finances. He reviewed the City's long-term debt, discussed the operating cash
flow, explained the budget to actual financial statement, and explained the findings
report that his firm sent to the state. He and the Council discussed the findings and
how each finding has been or will be addressed in the future. In summary, Mike said
the City's finances have improved over previous years. The Mayor thanked Mike for
coming.
7. Tobacco & Vape Laws - Jeremie Tubbs (Environmental Health, Tri-County
Health Department)
Minutes:
Jeremie Tubbs presented the Council with several handouts. She covered the statistics
concerning tobacco and vape use. Vaping has increased over 200% especially for
youth age groups. Youth are getting their products from Vape shops. THC is being
used in vape juices. Drug paraphernalia are being sold as vape products. Jeremie
explained that marijuana use is being linked to suicide. She discussed the laws
regarding vape product sales. She also discussed some examples of ordinances
passed in other cities and explained that cities cannot be more lax than the state
code in their ordinances but they can be more strict. Council Member Peatross
pointed out that the state legislation is relatively recent. Council Member Baker
clarified that the laws apply to specialty tobacco shops which are defined by any store
that sells e-cigarettes (vape) or related products. Mayor Rowley asked about
purchasing vape products online. Jeremie said online sales were limited between
retail to retail stores only. The Mayor thanked Jeremie for coming.
8. Business License
Minutes:
Jwad and Noraldeen Hassan approached the Council to find out what the Council
had decided about issuing Duchesne Vape and Gifts a business license. The
Council discussed the location of the Vape Shop to the park, library, and
residences in the immediate vicinity of the shop. Jwad said the shop is a
convenience store that will have the vape products in a locked, back room.
Council Member Peatross pointed out that the word "vape" in the name of the
shop makes it a specialty tobacco shop as defined in the state code. Jwad said
the shop would mostly be a convenience store. Council Member Browning said
that state law does not allow a specialty tobacco shop at that location. They are
allowed to have a convenience store but they cannot sell vape products. Jwad
said the store would be out of business before it got started if they are notallowed to sell vape products. He asked where in town is it possible to put a
vape shop. The Council discussed locations but felt like it was Jwad's
responsibility to find a suitable location. Jwad asked what kind of business he
could put in that location. The Council discussed possible businesses. Jwad
asked if any kind of vape products could be sold in the shop. The Council said
no. Jwad asked if they could keep the name and the Council said the name
implies a tobacco specialty shop which would not be legal in that location. If
Jwad changes the business then a new application would be required. The
Council did not approve a business license for "Duchesne Vape and Gifts". The
Mayor thanked the Hassans for coming.
Haley Poulsen presented her business license application to the Council. She will
operate her beauty business in Dy Versities Salon on Main Street. She plans to
focus on eye-lash extensions, chemical peels and nails.
MOTION by Council Member Browning, seconded by Council Member Mecham to give
Haley Poulsen a business license for Haley Kaylynn Beauty.
Council Member Baker – Aye
Council Member Browning – Aye
Council Member Mecham– Aye
Council Member Peatross - Aye
Motion carried by unanimous vote.
9. Railway Project - Pamela Juliano
Minutes:
Pamela Juliano explained to the Council that the Rail project is in the Environmental
Impact Statement (EIS) process and is currently at the end of the public comment
period. The public comment period is usually 45 days long but was extended by 35
days to give more time to collect comments from the public and government entities.
The comment period will end on February 12, 2021. She has received lots of support
from other government agencies and came tonight to ask for a letter of support from
Duchesne City. The State Transportation Department is accepting comments from
elected officials. She asked if the Council had any comments or questions for her.
Council Member Baker asked how many landowners will be affected by the
railway. Pam said 84 landowners will be affected. Some of the railway will go
right through farms. Some of the farmers have allowed the railway company to
come onto their land to conduct the EIS studies but have made it very clear they
are not in support of the railroad. Some said they will sell their land outright,
some will maintain ownership but will get a right-of-way. Pam stressed that this
railway will have a significant impact. The route has already been adjusted to go
around the Utah Mini Ranches. She said a majority of the landowners are very
supportive. For the 3.1 miles of tunnel planned, the railway has to get
easements for tunneling under someone's ground especially if the tunnel affects
the ground water. She discussed how the value of the property does not take
into account that the farm has been in the family for multiple generations.Council Member Baker asked how much easement is the railway asking for from the farmers. Pam explained that although the actual footprint for the railroad is only 150-200 ft., the company pays for 1000-2000 ft. on either side of the railway. They also look at water issues and loss of land use. Mayor Rowley explained that he has talked with Alvin and Mark Nielsen who own property that will be affected. He said that Mark has been contacted but Alvin has not had anyone contact him about his land. Mayor Rowley is very concerned that these landowners will not be adequately compensated for loss of their land. He said the surveyors and project engineers will make more money than the landowners ever will make. He is very concerned that the railroad company will exercise the right of imminent domain and the landowners will be tough out of luck. Pam explained that when a powerline is proposed the landowners are not even consulted. However, the railroad company is communicating with everyone. They are looking at a lot of issues. It takes a lot of time and negotiations before it will come to the last resort of imminent domain. Mayor Rowley expressed concern that the railroad is a for profit organization making lots of money on this project and the property rights of individuals will be lost. The railroad company has the full weight of the Federal Government behind it because it is a railroad. Council Member Peatross commented that the landowner in most cases comes off better in the long run. Pam asked if the Council is in support or opposition to the project. Council Member Browning said she supports the project. Mayor Rowley said he would support it 100% if condemnation were taken away. Pam said she understands the concerns. Council Member Mecham asked what kind of authority the Ute Tribe has in this project. Pam explained that the Tribe is in partnership with the railroad. They will have 5% equity with an option to go as high as 20%. They have been working with the 5-County Coalition and are every bit as valued as any other entity. They anticipate a $100 million per year return on the sale of their oil because of this project. Mayor Rowley said it was good to see the Tribe, County and City cooperating for the benefit of this area. Pam said the County Coalition has been very successful in sitting down with the Tribe. The Council would like the project to be fair for everyone. Susan Hamilton approached the Council to make a comment. She works with appraisers as a real estate agent and they look at the histories of properties. She is most concerned about future values of crops and livestock. Pam said greenbelt status is taken into consideration when property is valued. Susan is very concerned about the loss of the family farmer. Pam said there are some Argyle Canyon landowners who oppose the project and the railroad company is working with them as well as the Tribe, Forest Service, and residential landowners. Pam said the Tribe has been especially good to work with. Council Member Mecham asked who is funding this project. Pam explained that
the project is being privately funded by Drexel Hamilton Financing. CIB money was used for planning and leasing options. Council Member Mecham asked why this area in Utah was chosen to invest this money. Pam said mutual funds are used to invest in capital projects and this project is a good investment with a high expected return. The project expects to pay back the full $27 million to CIB which Pam, as a former legislative staffer, has never heard of any project doing. Council Member Mecham then asked how President Biden's new executive order will affect the oil and gas industry. Pam commented that Ute Energy went to President Biden to explain how oil and gas is a big part of their income. The executive order has impacted gas leases in this area. The Salt Lake contracts that are already in place will not be affected; the executive order only affects new production. She also went on to explain that private dollars are driving this project faster. Council Member Baker asked how the jobs will be announced. Pam said she is meeting with 3 companies soon to discuss the project needs and how to fill positions. The project will need lots of truck drivers. Council Member Baker asked who can ship on the rail line. Pam said anyone can use the railway to ship products. This railway is a public access line. The agricultural and manufacturing industries are looking at shipping to and from the Uintah Basin. Market stabilization will help for National Security and Uintah Basin diversification. Approximately 2000 jobs will be created during the construction period which will last for 2 construction cycles. The EIS will end in September 2021. If all goes well, the next phase will be final design. When the railway is constructed, 75-100 full-time workers at $90,000 per year will be hired to run and maintain the line. Pam believes this will bring many opportunities for our kids. Mayor Rowley again expressed concern that the railroad has the power of imminent domain. Pam said the railroad company will take every step possible before imminent domain is enforced. Landowners can expect to be offered typical real estate values. Jerry Allred commented that Pam talked about buying the land outright or buying the right-of-way. He then asked if there was a yearly assessment option. Pam did not know the answer to that question but she will find out. Mayor Rowley said this was an extremely important issue. Council Member Peatross said he would love to see opportunities of kids to stay in the Basin with good paying jobs. Council Member Peatross drafted a letter that expressed support for the project on condition that the railroad would exhaust every possible avenue before using the power of imminent domain. Deb Herron will type up the letter and send to each Council Member and Mayor Rowley for review. She will then submit the letter to the State Transportation Department.
10. Planning And Zoning
Minutes:
Deb Herron reported to the Council about the Planning and Zoning meeting held on
Monday, February 8, 2021.
The Commission discussed that the Municipal Code is now a functioning google
doc accessible on the City's website. Danita finished the process and has
updated the Code to reflect all the Ordinances and Resolutions passed since
2016.
The Commission reviewed the General Plan and looked at the timeline for
completion. Danita has finished the table of contents and Chapter 1 and sent
this to Mike Hansen for review.
The Commission heard a proposal to vacate portions of 700 E. The Commission
voted unanimously to accept the proposed street vacation.
Deb invited Jerry Allred to the podium to present the plat map to the Council for their
review. Jerry gave an overview of how the City obtained the property from Alton Moon
in the 1970's, what has happened in the subsequent years with pavement projects,
and why this street vacation is needed now to clean up street and easement
locations. The next step is to hold a public hearing and adopt an ordinance vacating
the portions of 700 E near the County Justice Center. If there are no objections at the
public hearing then the City will quit claim the deeds to the adjacent landowners.
Cody Ivie approached the Council to discuss the issue that Workman Drive, 1260 N.,
and Moon Avenue have never been deeded to the City or County except through
prescription. In order for these streets to be platted correctly, the City would need to
request the County Surveyor create plats that show the exact locations and utility
easements of the streets. Jerry will take the request to the County Commissioners.
11. Update Articles 1 & 2 In Employee Handbook
Minutes:
The Mayor and city employees are working to update the employee handbook. They
have completed articles 1 & 2. When the whole document is complete, the Mayor will
submit it to the Council for approval.
12. 15 Minute Open Session
Minutes:
Lane Genereaux approached the Council to request a meeting in Executive Session at
the February 23rd Council meeting. The Council granted the request and will plan to
meet in Executive Session on that date.
13. Book Of Complaints, Concerns And Comments
Minutes:
There were no new complaints, concerns or comments.
14. Mayor And Council Review Of Old Business
Minutes:Mayor Rowley reported on the Airport Technical Advisory Committee meeting
held earlier in the day with JUB Engineers. He said it was productive meeting and
that JUB is making good progress on the Master Plan. He received a phone call
earlier from the FAA informing him that the airport fell out of compliance
because it only had 10 aircraft based at this airport. This means that Duchesne
City will lose $150,000 per year to maintain the airport. The problem was solved
but the paperwork was not submitted in time. This information won't affect the
Master Plan but the FAA won't reevaluate the airport for another 2 years. It will
be hard to keep the airport going without $150,000 per year. He has talked to
Irene Hansen and together they will go to the legislators to see if they can get
support. The Master Plan is moving along and is expected to be completed by
February 2022.
The CIB list was turned into the Uintah Basin Association of Governments
(UBAOG) last Friday.
The Bowling Alley agreement is totally off the table because no contact has
been made by David Taylor. The Leagues will be finished in March.
Regarding the Arrow Property, Mayor Rowley can't find a better interest rate. He
asked them to come down to 4.75% but they will only come down to 5%. He
said Zion's Bank hasn't called him back. The Council suggested the Mayor talk to
Mountain America.
The Council discussed the issues with South Duchesne Culinary Water system.
South Duchesne said they sent a letter about the broken meter but Mayor
Rowley hasn't seen anything in the office. The water system is riddled with
leaks. Mayor Rowley said the residents he has spoken with don't know that the
HOA now owns the water company. Susan Hamilton said the County has put all
building permits on hold because the water system is unapproved. She
wondered what would happen if the HOA disbands. Will the City take over the
water system? Mayor Rowley said the City will not take over the system. He said
the State Engineer has given them a list of requirements but none of them have
been fulfilled. Susan asked who pays the Duchesne City water bill. Mayor Rowley
said the check still comes from South Duchesne Culinary Water, Inc.
15. Work Session
Minutes:
There was no work meeting.
16. Executive Session
Minutes:
There was no executive session.
17. Adjournment
Minutes:
MOTION by Council Member Baker, seconded by Council Member Mecham to adjourn
at 8:23 pm.Council Member Baker – Aye
Council Member Browning – Aye
Council Member Mecham– Aye
Council Member Peatross - Aye
Motion carried by unanimous vote.
Attest:
Kim Riggle, Recorder: ______________________________________________
Rodney Rowley, Mayor: ____________________________________________
Contact: Kim Riggle (duchesne@ubtanet.com 435-738-2464) | Minutes published on 02/19/2021,
adopted on 02/23/2021You can also read
