City Council

Minutes of Joint Session of City Council of Ogden City, Utah, November 8, 2016 Page Minutes of the Joint Work Session of the Ogden City Council, also acting as the Redevelopment Agency, held on Tuesday, November 8, 2016 at 3:30 p.m., in the Council Work Room on the third floor of the Municipal Building, 2549 Washington Boulevard, Ogden City, Weber County, Utah. Present: Chair Marcia L. White Vice Chair Bart E. Blair Council members Neil K. Garner (arrived at 3:44 p.m.) Richard A. Hyer Luis Lopez Ben Nadolski Doug Stephens Council Executive Director Bill Cook Council Deputy Director Janene Eller-Smith Council Policy Analyst Glenn Symes Council Policy Analyst Amy Sue Mabey Communications Manager Brittany Griffin Also present: Chief Administrative Officer Mark Johnson Chief Deputy City Attorney Mara Brown Management Services Director David G. Buxton Police Chief Michael Ashment Public Services Director Jay Lowder Recreation Manager Edd Bridge Planning Manager Greg Montgomery Building Services Manager Jared Johnson Deputy Recorder Julia LaSeure The purpose of the Joint Work Session was to discuss Blue Zones; receive a Recreation Master Plan update; discuss Good Landlord Program changes; and discuss Council business and Board business. Good Landlord Program Changes Chief Administrative Officer (CAO) Johnson provided a brief history of the City’s Good Landlord Program, which was instituted just over 10 years ago with the goal of reducing crime associated with rental properties. Between 85 and 90 percent of landlords in the City participate in the program and have enjoyed success. Many cities in Utah and other states have adopted a similar program, though the Good Landlord Program was tailored specifically for Ogden. The widespread implementation of similar programs across the State brought the Program to the attention of State legislators, who do not support the felon exclusion aspect of the program. City Administration has cooperated with the Legislature to consider amendments to the Program that will address concerns expressed by the Corrections and Adult Parole and Probation (AP&P) Departments of the State. A pilot program has been developed that would allow potential tenants with a felony on their record to apply for a waiver from the City; if the waiver is granted, a landlord can choose to rent to the tenant and still remain in good standing with the Good Landlord Program. He stated he feels the new program will be embraced by the State Legislature. Building Services Manager Johnson summarized the changes to the Good Landlord Program instituted by Administrative Policy 1745. He reviewed the application process an applicant will follow to rent an apartment managed by a landlord that participates in the Program and he noted that someone with a felony conviction can rent an apartment under certain conditions. The applicant must be granted a waiver from the City, but landlords are not required to accept such a waiver. If a waiver is accepted and the applicant is allowed to rent a unit that is part of the Good Landlord Program, they must renew their waiver annually, at which time they must submit to an additional background check. Anyone denied a waiver has appeal rights and could appear before the Administrative Hearing Officer for a final decision on their waiver application. There was discussion regarding the reasons a waiver application may be denied. Assistant City Attorney Brown stated that the City will work closely with AP&P when making a determination regarding a waiver application. Council member Hyer asked if there are many landlords that are part of the Good Landlord Program willing to rent to felons. Ms. Brown replied that some landlords in the Program may have a family member that is a felon and they would like to rent to them but were not allowed to under the old guidelines. She added that the opposite has been true and most landlords have been hesitant to participate in the pilot program and rent to felons. Council member Hyer stated there will be a risk to the landlord. For example, if a felon loses their waiver during the lease term, the landlord will have to evict them and look for a new tenant, which can be a costly project. Mr. Johnson agreed and noted that the main goal of the pilot program is to allow landlords to rent to felons if they choose, but that will never be a requirement of the Program. Council member Hyer asked if a landlord can include a clause in their lease agreement to protect them in the event a tenant loses their waiver by increasing rent to cover the costs expended by the landlord. Ms. Brown answered that is a possibility. She indicated it is made clear to tenants with waivers that if they lose the waiver the landlord must evict them. CAO Johnson then discussed the success of the Good Landlord Program in disbursing felon tenants throughout the City rather than allowing them to locate in one specific area of the City. Council member Stephens asked about the benefits a landlord receives by way of their participation in the Program. CAO Johnson responded that the Program makes it easier for them to secure quality tenants, which results in a cost savings because landlords are not required to evict tenants as frequently. He added that one bad rental property on a block can lead to the deterioration of the entire block and, ultimately, the neighborhood. Landlords are in the business of making money and it is difficult to do that when they are constantly dealing with problems at their property. Council member Hyer stated he has heard great feedback from landlords who participate in the Program; they feel the Program gives them the tools to find better tenants and be more profitable. Council member Lopez asked when the pilot program was launched. Mr. Johnson answered October 1, 2016 and added that as of that date the City has approved four waivers and there are five pending applications. Many others have also picked up the application materials, though they have not finalized their application to date. Chair White clarified that just because an applicant is granted a waiver does not mean they will find housing. Mr. Johnson stated that is correct and reiterated that they must find a landlord willing to accept the waiver. CAO Johnson added that many of the applicants may not have current employment so they will also need to secure an income source before most landlords will consider their waiver. Council member Lopez asked about the length of the pilot program. CAO Johnson answered that is undecided and it will be necessary to await the outcome of the upcoming legislative session before making a final determination. He stated there will likely be legislation considered that would abolish the regulation in many landlord programs that prevents landlords from renting to felons. Council member Hyer asked if there is the potential to make felons a protected class. CAO Johnson answered no, but legislators do not favor felony exclusions in landlord programs. He then noted that he will provide the Council with a follow-up report following the legislative session. He stated that, as of now, no action by the Council is needed. Chair White asked about the types of crimes that are typically felonies. Ms. Brown replied for the Good Landlord Program, the types of felonies that are considered are crimes against property and persons which includes a variety of crimes. Council member Nadolski asked if the City has the ability to audit compliance with the Good Landlord Program. Ms. Brown answered yes and noted that when performing an audit, a City representative – typically an employee from the Management Services Department – will make an appointment with a landlord or property manager during business hours to inspect their records to verify that they are conducting background checks and have executed lease agreements with their tenants. CAO Johnson stated that if there seems to be a high level of criminal activity at a Good Landlord Program property, a Community Policing Officer will check with the landlord to determine whether there is a lease on file and background checks have been conducted. If the landlord is deemed to be in violation of the guidelines of the Program, the City will remove them from the Program and seek repayment of the licensure discount the landlord may receive through the Program. Council member Nadolski asked about the City’s findings relative to compliance. CAO Johnson replied that for larger apartment complexes, compliance rates are high because the owners of those properties receive a greater discount for their participation in the Program. Compliance rates for single rental property owners may be somewhat lower. There are some landlords who have no intention of complying with the Program and they are hopeful they do not get caught. Council member Hyer stated that information regarding participation levels and compliance rates would be helpful for the Council to receive during future discussions of the Program. CAO Johnson indicated he would be willing to provide that information. Council member Nadolski asked if any applications for waivers have been denied to date. Mr. Johnson answered no. Blue Zones As an introduction to the Blue Zones discussion, Council Policy Analyst Mabey and Council member Hyer conducted a brief test activity with the Council, the results of which are indicators of longevity. Ms. Mabey and Council member Hyer then used a PowerPoint presentation to provide a report on some of the information they received while attending the recent Blue Zone Summit, with a focus on challenges in the health care industry. These challenges include: more than 86 percent of the nearly $3 trillion annual U.S. healthcare costs are spent on chronic disease and these diseases are largely preventable and improved through lifestyle changes. Additionally, 69 percent of the American population can be classified as overweight or obese. For the first time in history, our children’s life expectancy is projected to be shorter than that of their parents. Our environment increasingly encourages unhealthy choices. We are surrounded by modern conveniences that make us more sedentary, and bombarded daily with unhealthy messages for unhealthy products. There is an opportunity to address these challenges. A person’s lifespan is determined by 80 percent lifestyle choices and environmental factors, and only 20 percent is genetic. Ms. Mabey played a short video that introduced the Blue Zones project. A Blue Zone is an area where people live extraordinarily long periods of time and lead healthier and happier lives. The Blue Zones organization has partnered with numerous communities throughout the United States with a focus on making healthy lifestyle choices easier and ultimately a part of daily life. In order to accomplish this, the organization focuses on working with communities to change environment, policy and social networks. These efforts have included coordinating with local groups to identify and implement health-focused initiatives. Many times these partnering organizations include:  Medical providers  Government entities   Schools  Local businesses (grocery stores and restaurants)  Non-profits  Service providers  Residents The Blue Zone project uses nine principles to create change; these are all interconnected and none work just on their own:  Principle 1: Down shift. Reverse disease by finding a stress relieving strategy that works for you.  Principle 2: Purpose. Wake up with purpose each day to add up to seven years to your life.  Principle 3: Plant Slant. Put less meat and more plants on your plate.  Principle 4: Wine at Five. Enjoy a glass of wine with good friends each day.  Principle 5: Family First. Invest time with family and add up to six years to your life.  Principle 6: 80 Percent Rule. Be mindful and stop eating when 80 percent full.  Principle 7: Move Naturally. Find ways to move more! You’ll burn calories without thinking about it.  Principle 8: Right Tribe. Surround yourself with people who support positive behaviors.  Principle 9: Belong. Belong to a faith-based community, and attend services four times a month to add four to 14 years to your lifespan. Ms. Mabey played an additional video from a community that has implemented the Blue Zones project. The video provided information regarding improvements and changes they have noticed among their citizenry. Focus areas for the Blue Zone project include active living, food policies, tobacco policies, community worksites, schools and walking, restaurants, grocery stores, faith-based communities, identifying purpose, healthy eating and food demonstrations, and engagement, volunteering and philanthropy. At the conclusion of the presentation the Council participated in a brainstorming session regarding options for implementing the Blue Zones project in Ogden City, with a focus on economic benefits for local businesses and health benefits for City residents. The PowerPoint presentation identified Council legislative priorities that can be related to the Blue Zone project, including active and healthy living, transportation, community outreach and engagement, cultivating neighborhoods, public safety, and fiscal sustainability/transparency. Additional City initiatives that could be closely tied to a Blue Zone project include development of a Recreation Master Plan, the Quality Neighborhoods Initiative, the City Branding project, development of a Civic Action Plan, the Complete Streets policy, and the College Town Initiative. Chair White indicated that implementation of a Blue Zones project is typically funded by program partners. A community assessment would be conducted by the Blue Zones organization, after which they would provide the City with implementation options and an associated fiscal impact. Council member Hyer stated that it would likely take approximately four years to implement the project in Ogden and the surrounding community. Discussion focused on the next steps in the process to consider a Blue Zone project in Ogden. Council member Hyer remarked that he will participate in a conference call with a representative of the Blue Zones organization to discuss the best way to move forward and will report back to the Council with a proposal for proceeding. Recreation Master Plan Update The initial discussions for a city-wide recreation master plan began in 2010. In 2011, the city contracted with two consultants to develop a plan. The consultants worked through 2012 and finished the initial research and public outreach phase in the spring of 2013. As the consultants researched and analyzed recreation in the Ogden area, it seemed that a county-wide approach to a recreation master plan might be a better option. Beginning in the fall of 2013, Ogden City worked to organize a county-wide recreation master plan group consisting of the surrounding cities, Weber County, Weber State University, and Ogden School District. The group was able to work toward the publishing of a Request for Proposal (RFP) for the county-wide plan; however, support for the project waned as the process continued. In 2015, the county-wide effort was abandoned and a decision was made to refocus on Ogden. In late 2015, the City’s Recreation Manager, Edd Bridge, worked with Landmark Design, Inc. to rescope the RFP that it had submitted for the county-wide master plan to include only Ogden City. In April 2016, the final contract was signed with Landmark Design, Inc. to perform the work. As part of the scope of work desired by the City, a public survey was to be conducted. The City Council Office, with the cooperation of the steering committee, Administration, and the consultant, contracted with Weber State University to perform an in-person survey designed to gain an understanding of the recreation habits and preferences of the citizens of Ogden. Mr. Bridge reported that Landmark Design has started their public survey, which has included visiting the 44 City parks and other recreation facilities throughout the City and Weber County. The have started data collection as well as a review of the inventory of all park amenities, community plans, and demographic information. They have conducted four scoping meetings, which were advertised through the Ogden School District, other recreation outlets and organizations, and social media. The results of the survey findings will be presented to the steering committee by Weber State University on November 17 and November 30, 2016. Those results can be compared with the feedback that was provided in the scoping meetings. This will aid to identify gaps in programming and facilities. Council Executive Director Cook asked about the timeline for Landmark Design’s completion of the Master Plan. Mr. Bridge answered early in 2017. There was discussion regarding the various topics that were discussed during the public scoping meetings. Council Business Website Update: Council Communications Specialist Griffin provided the Council with an update on the project to update the City website which is scheduled to launch in early December. She reviewed draft versions of pages that will be included on the website specific to the City Council; most notable is inclusion of a search engine that will give users the opportunity to search agendas, minutes, and other documents relating to the Council. Additionally, there is a searchable map to help constituents find which municipal ward they are located in and which elected officials represent them. The page will include a Council calendar that can also include other City events. She then reviewed a page including other helpful resources, such as translation services and other opportunities for residents to stay informed regarding important issues in the City. This page will also include frequently asked questions and links to the area of the City’s website or other websites where answers to those questions can be found. She also referenced the page including Council biographies and indicated that Council members can submit changes to that information before the website is published. She concluded she feels the new website will be a valuable tool to distribute information and gather information from constituents. One-on-one Budget Meeting: Mr. Cook reported Council staff will be working to schedule one-on-one budget meetings between December 12 and 16, 2016. The information gathered in these meetings will be presented at the City Administration budget retreat. Council Calendar: Mr. Cook and other members of Council staff briefly reviewed the Council calendar for the remainder of the month as well as for the month of December. The meeting adjourned at 5:54 p.m. ________________________________________ JULIA M. LASEURE, MMC DEPUTY CITY RECORDER ________________________________________ MARCIA L. WHITE, CHAIR APPROVED: February 14, 2017