CITY COUNCIL MEETING
Tuesday, July 5, 2005 7:00 p.m.
Public Safety Building
3925 W Cedar Hills Drive, Cedar Hills, Utah
Present: Mayor Mike McGee, Presiding
Council Members: Darin Lowder, Melissa Willie, Jim Perry, James Parker
Konrad Hildebrandt, City Manager
Gretchen Gordon, Deputy City Recorder
Courtney Hammond, City Meeting Transcriber
Others: Charelle Bowman, Duane Richards, Becky Richards, Richard Ferguson
1. This meeting of the City Council of the City of Cedar Hills, having been posted throughout the City and the press notified, was called to order by Mayor McGee at 7:00 p.m.
Invocation given by C. Parker
Pledge of Allegiance
2. Public Issues for Future Agendas (7:03 p.m.)
• Charelle Bowman: Ms. Bowman thanked the citizens of Cedar Hills for voting and said she hopes things will settle and that the community will heal after the heated debate. She encouraged the City Council and Planning Commission to aid the outcome of the vote. She said that while the vote turned out as she had hoped, the fight is not over. She feels that the City needs Community Services.
• Duane Richards: Mr. Richards asked the City Council for an estimate of when the City might see development and when the City might fund Community Services. If those things are far in the future, he asked the City Council if they would support a grass roots movement. C. Parker said that he has been working informally for several months with others to find ways to get youth programs that are not City funded. C. Parker also clarified that the Community Services Director was a coordinator for youth services and that the City’s youth can still participate in sports programs. C. Lowder said that the benefit of the Community Services Director is that there is a go-to person to get programs together and keep people informed. C. Lowder also said that the next election will let the Council know how residents feel about Community Services. C. Parker said that he is in favor of youth programs and the vote will determine, more specifically, whether the public supports publicly funded youth programs or privately funded youth programs.
• Becky Richards: In checking into options for youth sports, Ms. Richards found out that there is a liability problem with privately funded sports programs. The Daily Herald reported that Pleasant Grove City will no longer allow Cedar Hills residents to participate in their programs. KSL also reported that Pleasant Grove was moving to a residents-only policy. She asked the Council to look into a tri-city arrangement.
3. Approval of the Minutes from the June 14, 2005, Special City Council Meeting and the June 21, 2005, Regular City Council Meeting (7:15 p.m.)
MOTION: C.Willie - To approve the minutes from the June 14, 2005, Special City Council Meeting and the June 21, 2004, Regular City Council Meeting, as amended. Seconded by C. Lowder.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
4. Review/Action on Down Payment Assistance Proposal (7:24 p.m.)
See handouts. Richard Ferguson of Neighborhood Gold made a presentation on a down payment assistance program and asked the City to partner with them to form a public entity for down payment assistance. Eric Johnson said that such an arrangement with Neighborhood Gold might violate part of the Utah constitution because the City would be lending its credit to a private entity. C. Perry said he was concerned that such a program might further the problem Utah has with bankruptcies. The purpose of a down payment is to help protect against bankruptcies. C. Perry said that he feels that this may be a way to avoid the down payment requirement by looping it back into the loan. Richard Ferguson said that Neighborhood Gold fills a niche by providing a down payment for those who do not have a family member and friends who may be able to assist with their down payment. According to Mr. Ferguson, the real risk for the City is that there is a negative perception of getting into a home for no money down. Mr. Ferguson reported that default rates with down payment assistance are three times that of normal default rates. However, it was the same as those with down payments gifted by family. C. Parker shared C. Perry’s concerns. He also has a fundamental problem with FHA and HUD. Even if no City funds were used in the transactions, he would not support using the City’s credit for this program. C. Perry said that he is uncomfortable with the City becoming a business partner with a private group that benefits from the City’s goodwill. Eric Johnson said that any joint venture between the City and a private entity is prohibited under the Utah Constitution.
MOTION: C. Parker - To deny the overall premise of a City-sponsored Down Payment Assistance Program. Seconded by C. Perry.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
5. Review/Action on Canvass of Election Results for the Special Election (7:46 p.m.)
See handouts. As part of a State requirement, the Council needs to act as a canvassing board to review the election results. In this election, there were two people recording the results of the election so that results could be cross-checked and one person reading the ballots. C. Parker suggested that, if the law allows, there be a second reader. Overall, the election went smoothly. There were a few issues with the media being obtrusive. After the election, ballots are sealed.
MOTION: C. Perry - The City Council, acting as the Canvassing Board, accepts the election results for the 2005 Special Election held on June 28, 2005, and adopts Resolution 7-05-2005A, A Resolution that the City Council of the City of Cedar Hills, Utah County, Utah, Sit as Council of Canvassers for the Purpose of Canvassing the Returns of the Special Bond Election Held in the City on June 28, 2005, and Related Matters. Seconded by C. Willie. Vote taken by roll call.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
6. City Manager Report and Discussion (8:57 p.m.)
No report.
7. Board and Committee Reports (8:57 p.m.)
No reports.
8. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5 (8:58 p.m.)
MOTION: C. Lowder - To go into Executive Session, Pursuant to Utah State Code 52-4-5. Seconded by C. Parker.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
* * * EXECUTIVE SESSION * * *
9. Motion to Adjourn Executive Session and Reconvene City Council Meeting (8:43 p.m.)
MOTION: C. Lowder - To adjourn Executive Session and reconvene City Council Meeting. Seconded by C. Willie.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
10. This meeting was adjourned at 8:44 p.m. on a motion by C. Perry, seconded by C. Lowder and unanimously approved.
/s/ Kim E. Holindrake
Approved by Council: Kim E. Holindrake, City Recorder
August 2, 2005