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Welcome to Kaysville City » Government » City Council » City Council Minutes » 21 May 2013

21 May 2013


KAYSVILLE CITY COUNCIL
MAY 21, 2013


Minutes of a regular meeting of the Kaysville City Council held May 21, 2013 at 7:00 p.m. in the City Council Chambers of the Kaysville City Municipal Center.

Council Members present: Mayor Steve Hiatt, Gil Miller, Mark Johnson, Ron Stephens, Jared Taylor and Brett Garlick.

Others present: City Manager John Thacker, Recorder Linda Ross, Finance Director Dean Storey, Engineer Andy Thompson, Police Chief Sol Oberg, Ivan Ray-Davis and Weber Counties Canal Company, Louise Shaw-Clipper, Margaret Brough, Orwin Draney, Carole Walker, Ramona Porter, Kay Card, Amy Cheney, Samuel Cheney and Heidi Despain.

SPOTLIGHT ON SAFE HARBOR

Council Member Garlick stated that he had the opportunity recently to attend a Select 25 award ceremony in which Safe Harbor Crisis Center was one of the award recipients.  This was a ceremony where different organizations that provide service mostly to low income people or people in desperate situations were highlighted.  Safe Harbor is located in Kaysville and he thought it would be good to spotlight them tonight to encourage leaders and citizens of the community to get to know them better.

Kay Card, Executive Director of Safe Harbor, stated that when they applied for a small grant and this recognition, they discovered that there were 304 other agencies that also submitted an application.  They were honored to be one of 25 agencies recognized.  Safe Harbor has been located in Kaysville since 1997.  Since that time, they have added onto their facility and also added transitional housing.  She explained that they provide shelter from domestic violence.  There are individual rooms for families and a kitchen where mothers can cook for their children.  Women also meet with their case workers, children receive support, and every opportunity is given to move families forward.  She believes that Safe Harbor makes families stronger and healthier.  They are open 24 hours a day. 

Council Member Garlick wanted to know how Safe Harbor is funded.

Kay Card explained that they receive Federal and State grants and private money.  They also hold a fundraiser event in November at the Davis Conference Center where there have craft booths, a silent auction, a live auction, and a dinner. 

Council Member Garlick wanted to know how many employees and volunteers they have.

Kay Card explained that they have 22 employees and 40-55 volunteers.   

Mayor Hiatt wanted to know other ways the City can support this organization.

Kay Card stated that it would be helpful if the City would raise awareness and get the word out about this Center.

RECOGNITION OF KAYSVILLE ROTARY CLUB FOR 75 YEARS OF SERVICE TO THE COMMUNITY

This item was postponed.

CALL TO THE PUBLIC

Orwin Draney stated that when the City Council refuses to acknowledge his request for information and answers to the questions he presented at the May 7th City Council meeting, he will be back for answers.  He is speaking as a Kaysville resident who has money in the Power Fund.  He believes that he deserves a say in how the money in that fund is being spent.  He asked the  questions again and then stated that he draws his own conclusions when these questions are not answered.  He believes that if the Council takes money from the Power Fund that will be received from sale of the Flint property to build a new police station before voters can vote on Proposition 5 that will be on the ballot in November, then they will have misrepresented where the money is going and broken faith of ratepayers by taking money from the Power Fund again and using it for non-electric purposes. 

Council Member Miller stated that he tried previously to answer Mr. Draney’s questions but will try again this evening. 

Draney’s Question:   What do you intend to do with the monies from the sale of the Flint property that are to be returned to the Electric Utility Enterprise Fund?

Miller’s Answer:   At present, the City Council has not discussed that issue.  They have told this audience in the past that until they know for sure that there is going to be a sale and that cash is going to be forthcoming, they have not discussed what is going to happen, other than to say that the funds will be placed back into the Power Fund because that is where they came from.  He explained that the City has worked on other deals on this property that have failed so until the sale of the property has closed, they have not discussed what to do with the money.

Draney’s Question: Is the $5.3 million received for the Flint property going to be used to decrease power rates citizens of Kaysville paid into the Electric Utility Enterprise Fund for electricity and maintenance or are you planning on doing an end-run around the failed bond election by going ahead and building the $4.5 million police station that the citizens rejected in 2010?
 
Miller’s Answer: It is his understanding that once the money is in the Power Fund, the Finance Director will decide if emergency monies on hand and the rates the City is charged would warrant a decrease or refund in rates.  That has not been determined yet.  The Council will have that discussion if the money comes in.  Using those funds for a police station has never been discussed by the City Council.  Perhaps some Council Members have privately discussed that but he has never been involved in that conversation if that has happened.

Draney’s Question:   On January 21, 2012 Mr. Thacker stated the City is not looking at constructing a new police station at this time unless some funding can be found.  Is this where the funding is coming from? 

Miller’s Answer: He believes that the police are working in a facility that is undersized for the current needs of Kaysville.  He would not be in favor of funding a police station with Power Fund money because he believes there are other ways to fund a new police station.

Draney’s Question: Is it true that the recent rate increase was passed before the property sale was announced so this City Council could use the money gained from the sale for other purposes because they had taken care of the power company’s needs with the rate increase? 

Miller’s Answer: From his perspective, and he believes from most of the Council Members’ perspective, that is not correct, accurate or true.  They didn’t even have the offer in hand for the Flint property from Stuart Adams until after the rate increase.  He is glad the offer on the Flint property has materialized, but the closing has not yet materialized.  He hopes it closes because he believes that is the right thing for the City and was what most of the Council anticipated would happen all along.

Draney’s Question: Are you planning to start building a new police station before the end of the year using the Electric Enterprise Funds as a source of funding before the voters can vote on Proposition 5 that will be on the ballot and would prevent using Electric Funds?

Miller’s Answer: The City Council has had no discussion to use Electric Funds to build a police station and he would never do it in advance of a very important vote like the one that will be on the ballot in November for fear someone would suggest the Council was doing that.  He has never heard one discussion about using Electric Funds for building a police station.  He believes that there are some legitimate and good uses to use some of the money in the Electric Fund for non-electric purposes.

Draney’s Question: Will a public hearing be held before any money is taken from the Electric Fund to  be used for something other than electric uses?

Miller’s Answer: Even if there weren’t a requirement for a public hearing, Mayor Hiatt has made it clear that any use of Electric Funds will be made in a public and transparent manner.  Money from the Power Fund can be used for other reasons that are beneficial to the citizens.  While Proposition 5 looks on the surface to be completely logical, he believes that it would severely limit the City and could have negative ramifications.  However, he will respect the vote of the citizens and if Proposition 5 passes, he will find a way to fund economic development one way or another.  He would appreciate it if Mr. Draney and his group would raise their dialog above where it has been because citizens are entitled to truthful, honest answers and questions that are not presented in the spirit that the Council is evil and their group is not. 

Council Member Stephens stated that sometimes when Mr. Draney comes before the Council and brings charges that surprise him.  He doesn’t believe that there has been a devious plan to build a new police station.  He has never heard the City Council discuss alternative ways to build a police station.  He tries to come to Council meetings and do his very best to make good decisions based on experiences he has had.  It concerns him when he is accused of being devious because he doesn’t believe he is and he doesn’t believe the other Council Members are.  He has offered a number of times to meet with Mr. Draney and discuss his ideas.  To date, Mr. Draney has never agreed to that.  That offer still stands.  He will try to be a good listener and understand Mr. Draney’s point of view. 

Council Member Johnson stated that the City Council has not discussed a new police station.  There is no current plan to build a police station this year with any funds.  He believes that to suggest that the Council is conniving and planning secretly to use funds is not fair. 

Council Member Miller stated that the Council believes it is a good idea to build a police facility and if tomorrow the Finance Director said he found the source of funding he would be in favor of  the City moving forward on the idea, however, at this time the City does not know where the funding would come from.  He is in favor of adequately staffing the Police Department so that police business could be done adequately.

Council Member Taylor explained that tonight the Council will vote on a tentative budget.  By State law, a tentative budget has to be adopted by June 21.  After the tentative budget is adopted, it can then be made available for public inspection and a public hearing and then the final budget will be adopted.
 
Mayor Hiatt explained that adopting a tentative budget is step one.  That provides an opportunity for a public hearing, which would be step two.  He believes that it would be better to have the public hearing one night and then schedule adoption of the final budget at another meeting so that there is time between the meetings for the Council to consider comments from the public and recommended changes or comments can be suggested by the Council.  He explained that the City will be transferring money from some of the enterprise funds, which is legal but requires a public notice.  That will be forthcoming.

Council Member Garlick thanked Mayor Hiatt for his leadership and help in the decision of UDOT to have the West Davis Corridor connect to Glovers Lane in Farmington. 

DISCUSSION OF PRESSURE IRRIGATION WATER SHORTAGE

Ivan Ray, General Manager of Davis and Weber Counties Canal Company, explained that they are a private non-profit company that provides a water service to many cities in Davis and Weber Counties.  He explained that there is 70% snow water equivalent in the snow pack this year.  This winter storms came in and stalled along the Wasatch Front which caused them to drop moisture down low.  Normally, the water equivalency is higher than 70%.  This will be the second drought year so they are asking people to cut back on outside watering by 25-40%.  Storage of water is not increasing like he hoped it would and reservoir capacity is low.  They are also asking people to water two times a week for 30 minutes on each station and to water only from 6:00 p.m. to 10:00 a.m.  His company sent notices to all commercial water users, churches, parks, nurseries, and the School District asking them to submit a plan showing how they will cut back on their outside water usage by 25-30%.

Council Member Stephens wanted to know what the enforcement procedure would be.

Ivan Ray stated that people will be given two warnings and then their water will be locked down.  People will have to prove they will not waste water and pay a $50 fee to get their water turned back on.

Council Member Miller stated that his neighborhood receives their water from Benchland Water District and other people in the City get water from Haights Creek.  He wanted to know if there has been discussions with other water districts about their plans.

Ivan Ray stated that he hoped all water districts would come on board with their plan but he has not heard back from them.  Most cities in the County have some type of water restriction in place because when the water is gone, people will cross connect and bigger problems will be created.

Council Member Johnson wanted to know if Haights Creek obtains their water from the same source as Davis and Weber Counties Canal.

Ivan Ray stated that they do not. 

ADOPTION OF FY 2014 TENTATIVE BUDGETS

Dean Storey distributed copies of the FY 2014 tentative budgets to the Council Members. 

John Thacker explained the budget schedule and adoption process.  He has prepared a balanced budget that is now available for Council review.  In March, preliminary budget discussions were held with the City Council and important issues were identified.  He and the Finance Director then formulated budget guidelines for department heads and they prepared their requests in April.   After review, he then went back to the department heads and explained that there was a need to decrease the budget.  A tentative budget was then prepared.  A budget hearing is required by law and that will be done when the Council schedules it.  A final budget must be adopted by June 22.  He then explained that the General Fund budget is $11,132,079 and highlights are as follows:

1.  In the current budget staff is proposing to trade in a mini track hoe and three backhoes for a midsize track hoe and leasing three backhoes based on operation hours.  This will save money and the backhoes will be replaced every year. 

2.  The 2014 budget has $1.1 million for significant street improvements.  $600,000 of that will be come from the fund balance.

3.  The Parks Department is funding tennis court replacement at Gailey Park.  Work at Heritage Park is also included in the 2014 budget.

4.  The Police Department is upgrading two positions to Sergeant.

5.  The Fire Department is increasing staffing at the Fire Station from two to four who will be on duty 24/7, which will be funded from General Fund balance.

6.  No new personnel positions are proposed in this budget.  The budget includes a 1.5% market adjustment and merit increases will be given at half step increments to employees who qualify.  There will also be a 4.37% increase in health insurance.

7.  There will be two major projects in Enterprise Funds: completion of the main substation upgrade and a waterline replacement project on 200 North and Flint Street.

Dean Storey explained that $165,000 will be transferred from the General Fund to the Ambulance Fund.

Council Member Miller made a motion adopting the tentative FY 2014 budget and scheduling a public hearing for June 4, 2013 at 6:00 p.m., second by Council Member Taylor. 

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The motion passed unanimously.

AWARD OF 2013 SLURRY SEAL PROJECT

Andy Thompson explained that the City recently received bids for the 2013 Slurry Seal Project.  The successful bidder is Intermountain Slurry Seal in the amount of $101,674.07.  He recommends that the project be awarded to them. 

Council Member Garlick made a motion awarding the 2013 Slurry Seal Project to Intermountain Slurry Seal in the amount of $101,674.07, second by Council Member Stephens.

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The motion passed unanimously.

CONSIDERATION OF VOTE BY-MAIL OPTION FOR MUNICPAL ELECTION

John Thacker explained that Davis County has decided to offer a Vote By-Mail option to all cities in the County for municipal elections this year.  Each city would pay what is stated in their contract for the County to administer elections using polling locations.  This will help the County determine if this option may be used during County and State elections to increase voter participation.  Subsequent Vote By-Mail elections will paid entirely by the City and changing back and forth from a regular election to a By-Mail election may not be a good idea. 

The Council Members expressed a concern about costs for subsequent elections and about being a Vote By-Mail test case this year.

Council Member Miller made a motion to reject the Vote By-Mail option for the municipal election this year, second by Council Member Stephens.

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The motion passed unanimously.

COUNCIL MEMBER REPORTS

Council Member Taylor asked the Council Members if they had a desire to work on a yard maintenance ordinance this year.

The Council Members decided that they did not want to create that type of ordinance. 

Mayor Hiatt explained that a 4th of July brochure will be coming with the newsletter in June.  Also, the Parks Department has put out a memo detailing their plan for reducing water use by 25% in the City parks. 

MINUTES

Council Member Stephens made a motion approving the Public Hearing and City Council minutes of May 7, 2013, second by Council Member Johnson.

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The motion passed unanimously.

CLAIMS

Council Member Taylor made a motion approving claims in the amount of $1,427,950.55, second by Council Member Garlick.

The vote on the motion was as follows:

Council Member Miller, yea
Council Member Johnson, yea
Council Member Stephens, yea
Council Member Taylor, yea
Council Member Garlick, yea

The motion passed unanimously.

CALENDAR

The Council Members reviewed a three month calendar.

Council Member Garlick made a motion for adjournment at 8:45 p.m., second by Council Member Johnson and passed unanimously.