City Recorder s Office

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1 City Recorder s Office PUBLIC NOTICE Notice is hereby given that the Tooele City Council and the Tooele City Redevelopment Agency of Tooele City, Utah, will meet in a Work Session, on Wednesday, August 17, 2016 at the hour of 5:00 p.m. The meeting will be held at the Tooele City Hall Large Conference Room located at 90 North Main Street, Tooele, Utah. 1. Open Meeting 2. Roll Call 3. Discussion: - Resolution A Resolution of Tooele City Council Adopting the 2016 Pre- Disaster Mitigation Plan: Tooele County, Utah Presented by Bucky Whitehouse, Tooele County Emergency Management - Resolution A Resolution of the Tooele City Council Declaring Surplus Certain Technology-Related Equipment, and Authorizing Its Disposal Presented by Michelle Pitt - Resolution A Resolution of the Tooele City Council Authorizing a Purchase Agreement with Spillman Technologies, Inc., for Law Enforcement Computer Software Licensing Presented by Police Chief Ron Kirby - Ordinance an Ordinance Amending the Zoning Map for Property Located at 251 East 1000 North from RR5 to General Commercial (GC) Presented by Jim Bolser - Green Meadows Annexation Agreement 4. Close Meeting - Litigation - Property Acquisition 5. Adjourn Michelle Y. Pitt Tooele City Recorder/RDA Secretary Pursuant to the Americans with Disabilities Act, Individuals Needing Special Accommodations Should Notify Michelle Y. Pitt, Tooele City Recorder, at prior to the meeting. 90 North Main Street Tooele, Utah (fax)

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12 City Recorder s Office PUBLIC NOTICE Notice is hereby given that the Tooele City Council & Tooele City Redevelopment Agency of Tooele City, Utah, will meet in a Business Meeting on Wednesday, August 17, 2016 at the hour of 7:00 P.M. The meeting will be held at the Tooele City Council Room located at 90 North Main Street, Tooele, Utah. 1. Pledge of Allegiance 2. Roll Call 3. Public Comment Period 4. Presentation of Certificates of Appreciation to Team Rubicon and the Southern Baptist Disaster Relief Team Presented by Bucky Whitehouse 5. Resolution A Resolution of Tooele City Council Adopting the 2016 Pre-Disaster Mitigation Plan: Tooele County, Utah Presented by Bucky Whitehouse, Tooele County Emergency Management 6. Annual Report on Tooele County Health & Aging Services Presented by Jeff Coombs and/or Sherrie Ahlstrom 7. Resolution A Resolution of the Tooele City Council Declaring Surplus Certain Technology-Related Equipment, and Authorizing Its Disposal Presented by Michelle Pitt 8. Resolution A Resolution of the Tooele City Council Authorizing a Purchase Agreement with Spillman Technologies, Inc., for Law Enforcement Computer Software Licensing Presented by Police Chief Ron Kirby 9. PUBLIC HEARING & MOTION on Ordinance an Ordinance Amending the Zoning Map for Property Located at 251 East 1000 North from RR5 to General Commercial (GC) Presented by Jim Bolser 10. Minutes 11. Invoices Presented by Michelle Pitt 12. Adjourn Michelle Y. Pitt Tooele City Recorder/RDA Secretary Pursuant to the Americans with Disabilities Act, Individuals Needing Special Accommodations Should Notify Michelle Y. Pitt, Tooele City Recorder, at prior to the meeting. 90 North Main Street Tooele, Utah (fax)

13 TOOELE CITY CORPORATION RESOLUTION A RESOLUTION OF TOOELE CITY COUNCIL ADOPTING THE 2016 PRE-DISASTER MITIGATION PLAN: TOOELE COUNTY, UTAH. WHEREAS, the Tooele City Council recognizes the threat that natural hazards pose to people and property within Tooele City; and, WHEREAS, Tooele City has participated in the creation of a multi-hazard mitigation plan, hereby known as the 2016 PRE-DISASTER MITIGATION PLAN: TOOELE COUNTY, UTAH in accordance with the Disaster Mitigation Act of 2000; and, WHEREAS, the 2016 PRE-DISASTER MITIGATION PLAN: TOOELE COUNTY, UTAH identifies mitigation goals and actions to reduce or eliminate long-term risk to people and property in Tooele City from the impacts of future hazards and disasters; and, WHEREAS adoption by the Tooele City Council demonstrates Tooele City s commitment to hazard mitigation and achieving the goals outlined in the 2016 PRE-DISASTER MITIGATION PLAN: TOOELE COUNTY, UTAH: NOW THEREFORE, BE IT RESOLVED BY THE TOOELE CITY COUNCIL that the 2016 PRE-DISASTER MITIGATION PLAN: TOOELE COUNTY, UTAH, attached as Exhibit A, is hereby adopted as a policy and planning document of Tooele City. This Resolution shall become effective upon passage, without further publication, by authority of the Tooele City Charter. IN WITNESS WHEREOF, this Resolution is passed by the Tooele City Council this day of, 2016.

14 (For) TOOELE CITY COUNCIL (Against) ABSTAINING: (Approved) MAYOR OF TOOELE CITY (Disapproved) ATTEST: Michelle Y. Pitt, City Recorder S E A L Approved as to Form: Roger Evans Baker, City Attorney

15 TOOELE CITY CORPORATION RESOLUTION A RESOLUTION OF THE TOOELE CITY COUNCIL DECLARING SURPLUS CERTAIN TECHNOLOGY-RELATED EQUIPMENT, AND AUTHORIZING ITS DISPOSAL. WHEREAS, the Information Systems Division (Recorder s Office) and Police Department have identified a number of technology-related equipment items, to include computers, that are no longer capable of meeting Tooele City s technology needs (see list of equipment attached as Exhibit A); and, WHEREAS, the City Administration implemented a written policy, effective August 6, 2013, for the disposal of surplus technology-related equipment (see policy attached as Exhibit B); and, WHEREAS, it is in the City s interest to make full use of technology-related equipment and then to dispose of, pursuant to policy, whatever equipment no longer serves the public interest; and, WHEREAS, wherever possible, the City disposes of technology-related equipment by recycling it with a reputable local recycling company to minimize waste and environmental contamination: NOW, THEREFORE, BE IT RESOLVED BY THE TOOELE CITY COUNCIL that the equipment listed in Exhibit A is hereby declared surplus and authorized for disposal pursuant to the policy attached as Exhibit B. This Resolution shall become effective upon passage, without further publication, by authority of the Tooele City Charter. IN WITNESS WHEREOF, this Resolution is passed by the Tooele City Council this day of, 2016.

16 (For) TOOELE CITY COUNCIL (Against) ABSTAINING: (Approved) MAYOR OF TOOELE CITY (Disapproved) ATTEST: Michelle Y. Pitt, City Recorder S E A L Approved as to Form: Roger Evans Baker, City Attorney

17 Exhibit A List of Surplus Equipment

18 Exhibit B Disposal Policy

19 Disposal of Technology-Related Equipment Procedure 1. As employees get new technology-related equipment/items or no longer need certain equipment/items, they will give the old or unwanted equipment/items to the Information Systems (I.S.) Department; 2. The I.S. Department will keep the equipment/items intact for minimum of 3 months in case employees need to retrieve files or other information from it; 3. After the appropriate time has passed, the I.S. Department will determine if there are parts that can be salvaged from the equipment/items; 4. If parts can be salvaged from the equipment/items, the I.S. Department will tear down the equipment/items, take and store the parts; 5. The I.S. Department will make a list of the equipment/items to be disposed (after parts have been salvaged), by description, model, make, part number, or any other identifying names and/or numbers; 6. The list will be taken to the City Council by Resolution to be declared surplus, along with a recommendation of the desired method of disposal; 7. Equipment/items do not need to be presented to City Council individually, rather a listing of multiple equipment/items and types may be taken at the same time to the City Council to be declared surplus through a single Resolution; 8. The equipment/items will be disposed of, sold, donated, or recycled according to the method declared in the Resolution; 9. Any proceeds from the sale of, or recycling of, equipment/items will be returned to the Tooele City Finance Department; 10. After the equipment/items have been declared surplus, the I.S. Department will erase all data contained in the equipment/item(s) so that information cannot be retrieved from the equipment/item(s), and following procedure will be followed: a. If equipment/items are deemed completely unusable, or the worth is determined to be under $100, they may be disposed of. b. If equipment/items are to be sold: i. The sale of surplus equipment/items will be properly noticed; ii. Sealed bids will be received; iii. Equipment/item will be sold as is to the highest bidder; iv. The highest bidder must make payment in cash within 24 hours to the Finance Department prior to receiving any equipment/items. Otherwise the next-high bid will be accepted. c. If the equipment/items are to be donated: i. The donation of surplus equipment/items will be properly noticed; ii. Equipment/items will be donated as is to another state agency or non-profit agency with a written agreement between the two entities. iii. If equipment/items are to be recycled, the equipment/items will be recycled through a local recycling center or a center near and economically feasible to the city. 11. After equipment/items have been disposed of, through one of the means described above, the I.S. Department will retain records of said disposal for 3 years.

20 12. At no time will any equipment/item(s) be given to an employee, unless an employee is the highest bidder in the sale process listed in Item #10(b) above. Notwithstanding the previous statement, at no time may a member of the IS Department, or any other employee involved in the decision making process that declared the property as surplus, bid for or purchase equipment that was declared surplus by the Department.

21 TOOELE CITY POLICE DEPARTMENT INOPERABLE EQUIPMENT Serial Number EQUIPMENT PHYSICAL CONDITION Item Description (make and model) Location Condition R9-HG3X6 Lenovo E520 Laptop TCPD Screen is torn off the hinges. ACTS67560 Canon ip100 Printer TCPD Doesn't print. MY27J810S3 HP Officejet 100 Printer TCPD No power. XADP95265 Canon BJC-85 Printer TCPD Doesn't print. MY230810N3 HP Officejet 100 Printer TCPD No power. HFKA31932 Canon ip90v Printer TCPD Door is broken off and it will not stay powered up. ABTB61095 Canon ip100 Printer TCPD No power. 616CN1064J Xerox DocuMate 510 TCPD Terrible scan quality and extremely old. 551TW105CH2M Xerox DocuMate 510 TCPD Doesn't scan. USQX HP Laserjet 4050n Printer TCPD Multiple error messages and 15 years old. 7901PL3 Lexmark T642 Printer TCPD Only prints 2 pages then breaks down. MY27R9135W HP Officejet 100 Printer TCPD No power. HFKB44387 Canon ip90v Printer TCPD Doesn't print. F Tripp Lite BC Pro 600 TCPD No power. MY27R912HZ HP Officejet 100 Printer TCPD Doesn't print. HKFB69451 Canon ip90v Printer TCPD Doesn't print. FCVB Canon ip90 Printer TCPD No power NA NEC LCD 72 v Monitor TCPD Bad screen NA NEC LCD 72 v Monitor TCPD No power NA NEC LCD 72 v Monitor TCPD Bad screen. CB HP Officejet 4500 Printer TCPD No power and missing pieces T Lexmark T642 Printer TCPD No power.

22 Name Quantity Reason for Salvage SN# SN# SN# SN# SN# Acer monitor 2 Old not efficient equipment ' ' ' ' ' Brother Pirinters 4 Broken or non fixable 'U60062G2J 'U60073C3J 'U52583C1J24776 'U61281D7J 'U60073C4J NEC Monitors 5 Old not efficient equipment or broken' na ' NA ' YA ' YA ' YA Server CD-R 3 Old Not usable software or Hardware ' '810HP ' ' ' Citizen receipt printer 1 Old not efficient equipment '09X2041 ' ' ' ' HP Printer 4 Broken or non fixable 'CNDY 'JP4LB38358 'CND9D3PCGV 'CNHC78Q3YL 'MY45J2K00HQ0 sewoo receipt printer 2 Old not efficient equipment 'SW 'SW ' ' ' RoHS POST System 2 Old Not usable software or Hardware 'N 'N ' ' ' Honeywell barcode scann 2 Old Not usable software or Hardware '2S 'N/A ' ' ' LG monitor 1 Broken or non fixable '612UXJX3N460 ' ' ' ' POS terminal 3 Old Not usable software or Hardware 'L 'L '95018c00324 ' ' NEC Monitor 1 Broken or non fixable ' NA ' YA '4X104139NA ' YA ' YA ViewSonic 1 Broken or non fixable 'PS ' ' ' ' KDS Monitors 1 Broken or non fixable 'E7YZCC18949U ' ' ' ' sharp Scaner 1 Broken or non fixable '0G ' ' ' ' Logitech keyboard 4 Broken or non fixable 'MCC 'MCC ' 'Mcc ' Ikon copier 1 Broken or non fixable 'R8126 ' ' ' ' Panasonic 2 Old not efficient equipment '7ITYA08697 '7HTYA05898 ' ' ' Epson Printer 1 Broken or non fixable 'QJZY ' ' ' ' He Scanner 1 Broken or non fixable 'CN44US72211Q ' ' ' ' Hp Printer 2 Broken or non fixable 'N/A ' ' ' ' NEC Monitor 2 Old not efficient equipment '5XF13649NA ' NA ' ' ' DVD Drive 2 Broken or non fixable ' 'B7KQAP ' ' ' DockingStation 4 Old not efficient equipment '1S74P6733M4D064'PA286A 'CNU208XF9H ' ' mounting Bracket for old 1 Old not efficient equipment ' ' ' ' ' Dell Monitor 2 Old not efficient equipment 'A01 'CN0C182J FAX' ' ' UPS 4 Broken or non fixable '3B0728X41548 '3B0815X86119 '3B0746X71986 'AS ' Switch 4 Broken or non fixable 'J4903A 'AHW '7T2G 'FAA0247R01K ' Rolodex 1 Old not efficient equipment 'RF-4264 ' ' ' ' Casio Calculator 1 Broken or non fixable ' ' ' ' ' Keyboard 4 Old not efficient equipment ' 'c 'mcc ' ' Mouse 4 Equipment or software is superfluous ' 'lzc ' ' ' Zip Drive 1 Old not efficient equipment 'RRCW48C66M ' ' ' ' HP Laptop 2 Old not efficient equipment '2UA433P1B8 'FM998UT#ABA 'FN011UT#ABA ' ' Hp Desktop 4 Old not efficient equipment 'MXL1060WTY '2UA7520M63 'MXL8320FT2 'MXL95304Z3 'ET090AV Speakers 3 Broken or non fixable 'c 'A ' ' ' HDDrive 4 Old not efficient equipment 'S14JJ9CP '3PD0GQP7 '3TA11JBX ' 'WMAM9WW04943 Radio 1 Broken or non fixable ' ' ' ' ' Sharp sf Broken or non fixable ' ' ' ' ' brother printers 1 Broken or non fixable 'U60073K3J ' ' ' ' keyboard 2 2 Old not efficient equipment 'BC2AA0FLUW22LL ' ' ' ' HDDrive 2 Broken or non fixable 'DP0B00 ' ' ' ' Antec Desktop 1 Old not efficient equipment 'TPD ' ' ' ' DocingStaion 1 Old not efficient equipment 'CNU624YBL4 ' ' ' ' Dell Desktop 3 Old not efficient equipment '0U344C ' '0U344C ' ' hp desktop 4 Old not efficient equipment 'MXL8320FT0 'MXL8430XYY 'MXL8430XYV 'MXL8320FT5 '

23 TOOELE CITY CORPORATION RESOLUTION A RESOLUTION OF THE TOOELE CITY COUNCIL AUTHORIZING A PURCHASE AGREEMENT WITH SPILLMAN TECHNOLOGIES, INC., FOR LAW ENFORCEMENT COMPUTER SOFTWARE LICENSING. WHEREAS, current, effective, and seamless law enforcement computer software is vital for the modern and efficient operation of the Tooele City Police Department; and, WHEREAS, the Department has utilized FATPOT computer software since 2007, and the services provided by FATPOT are no longer adequate; and, WHEREAS, the City Administration, including the Chief of Police, desires to contract with Spillman Technologies, Inc., to provide the necessary computer software for efficient Department operation; and, WHEREAS, Spillman is a recognized leader in providing computer software to law enforcement agencies in Utah and the country; and, WHEREAS, the proposed contract with Spillman is attached as Exhibit A; and, WHEREAS, the Spillman contract, in the amount of $200,315, to be paid over five years, will be funded through a combination of National Security grants and the City s general fund; and, WHEREAS, contracting with Spillman is in the best interest of the safety and welfare of Tooele City: NOW, THEREFORE, BE IT RESOLVED BY THE TOOELE CITY COUNCIL that the contract (Exhibit A) with Spillman Technologies, Inc., for computer software is hereby approved. This Resolution shall become effective upon passage, without further publication, by authority of the Tooele City Charter. IN WITNESS WHEREOF, this Resolution is passed by the Tooele City Council this day of, 2016.

24 (For) TOOELE CITY COUNCIL (Against) ABSTAINING: (Approved) MAYOR OF TOOELE CITY (Disapproved) ATTEST: Michelle Y. Pitt, City Recorder S E A L Approved as to Form: Roger Evans Baker, City Attorney

25 Exhibit A Spillman Contract

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35 TOOELE CITY CORPORATION ORDINANCE AN ORDINANCE OF TOOELE CITY AMENDING THE TOOELE CITY ZONING MAP FOR PROPERTY LOCATED NEAR 251 EAST 1000 NORTH. WHEREAS, Utah Code 10-9a-401, et seq., requires and provides for the adoption of a comprehensive, long-range plan (hereinafter the General Plan ) by each Utah city and town, which General Plan contemplates and provides direction for (a) present and future needs of the community and (b) growth and development of all or any part of the land within the municipality ; and, WHEREAS, the Tooele City General Plan includes various elements, including water, sewer, transportation, and land use. The Tooele City Council adopted the Land Use Element of the Tooele City General Plan, after duly-noticed public hearings, by Ordinance , on December 16, 1998, by a vote of 5-0; and, WHEREAS, the Land Use Element (hereinafter the Land Use Plan ) of the General Plan establishes Tooele City s general land use policies, which have been adopted by Ordinance as a Tooele City ordinance, and which set forth appropriate Use Designations for land in Tooele City (e.g., residential, commercial, industrial, open space); and, WHEREAS, the Land Use Plan reflects the findings of Tooele City s elected officials regarding the appropriate range, placement, and configuration of land uses within the City, which findings are based in part upon the recommendations of land use and planning professionals, Planning Commission recommendations, public comment, and other relevant considerations; and, WHEREAS, Utah Code 10-9a-501, et seq., provides for the enactment of land use [i.e., zoning] ordinances and a zoning map that constitute a portion of the City s regulations (hereinafter Zoning ) for land use and development, establishing order and standards under which land may be developed in Tooele City; and, WHEREAS, a fundamental purpose of the Land Use Plan is to guide and inform the recommendations of the Planning Commission and the decisions of the City Council about the Zoning designations assigned to land within the City (e.g., R1-10 residential, neighborhood commercial (NC), light industrial (LI)); and, WHEREAS, the City has received an application for Zoning amendments for properties located near 251 East 1000 North, as shown in the attached Exhibit A; and, WHEREAS, the City Administration has recommended Zoning amendments for properties located near 251 East 1000 North from the Rural Residential zoning district to the General Commercial zoning district (see City staff report attached as Exhibit B); and,

36 WHEREAS, on August 10, 2016, the Planning Commission convened a duly noticed public hearing, accepted written and verbal comment, and voted to forward its recommendation to the City Council (see Planning Commission minutes attached as Exhibit C); and, WHEREAS, on August 24, 2016, the City Council convened a duly-advertized public hearing: NOW, THEREFORE, BE IT ORDAINED BY THE TOOELE CITY COUNCIL that: 1. this Ordinance and the zoning amendments proposed therein are in the best interest of the City in that they will further economic development, are consistent with the desires of the affected property owners, and are consistent with the General Plan and Land Use Plan; and, 2. the Zoning Map is hereby amended for the property located near 251 East 1000 North as illustrated in Exhibit A, attached. This Ordinance is necessary for the immediate preservation of the peace, health, safety, or welfare of Tooele City and shall become effective immediately upon passage, without further publication, by authority of the Tooele City Charter. IN WITNESS WHEREOF, this Ordinance is passed by the Tooele City Council this day of, 20.

37 (For) TOOELE CITY COUNCIL (Against) ABSTAINING: (Approved) MAYOR OF TOOELE CITY (Disapproved) ATTEST: Michelle Y Pitt, City Recorder S E A L Approved as to Form: Roger Baker, Tooele City Attorney

38 Exhibit A Application for Zoning Amendment

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44 Exhibit B City Staff Report

45 Community Development Department STAFF REPORT To: From: Tooele City Council Business Date: August 24, 2016 Planning Division Community Development Department Prepared By: Rachelle Custer, City Planner Re: Gables of Assisted Living and Memory Care Zoning Map Amendment Request Application No.: Applicant: Michael Robbins, Gables Holding LLC Project Location: 251 East 1000 North Zoning: RR5 Low Density Residential Acreage: Approximately 5 Acres (Approximately 217,800 ft 2 ) Request: Request for approval of a zoning amendment in the RR5 low density residential zoning district to GC General Commercial zoning district BACKGROUND This application is a request for approval of a zoning amendment for approximately 5 acres located at 10 East 1000 North. The property is currently zoned RR5 low density residential. The request is to amend the zoning district to GC General Commercial to be consistent with the General Plan Land Use Element. The location is currently vacant. The applicant would like to construct a 40 bed assisted living facility at this location with the possibility of expansion to add 20 to 40 more beds in the future as needed. Residential facilities for elderly persons are allowed in the RR5 zoning district with a conditional use permit. However the RR5 zoning district allows for a maximum of 10% lot coverage. The applicant is requesting a minimum of approximately 30% lot coverage at project build out. The General Commercial zoning district will bring the property into compliance with the General Plan Land Use Element and will allow for the lot coverage needed for this project. The use is also a permitted use in the General Commercial zoning district. ANALYSIS General Plan and Zoning. The Land Use Map of the General Plan calls for the General Commercial land use designation for the subject property. The property has been assigned the Rural Residential (RR5) zoning district. The Low Density Residential Districts (R1-12, R1-14, R1-30, RR-1, RR-5, RR-20) provide for single family residential areas and single family dwelling units on larger individual lots. Additionally these districts are intended to allow and make available Rural Residential opportunities and agricultural uses protected from the encroachment of incompatible uses. Gables of Tooele Assisted Living and Memory Care App. # Zoning Map Amendment Request 1

46 The applicant is requesting a zoning amendment to the General Commercial (GC) zoning district. The General Commercial (GC) District is intended and provided to encourage the establishment of a wide variety of retail commercial uses, service commercial activities, entertainment and other services and activities meeting the needs of the residents of the city. The General Commercial District (GC) allows and encourages that retail and service businesses and related uses be grouped together into commercial centers. The uses and activities allowed in this District should enhance employment opportunities, provide for commercial activities and services required by residents of the city and surrounding areas, encourage the efficient use of land, enhance property values and add to the overall strength of the city s tax base. Criteria For Approval. The criteria for review and potential approval of a zoning amendment request is found in Section 7-1A of the Tooele City Code. This section depicts the standard of review for such requests as: Zoning Text or Map Amendment 7-1A-7 (1) No amendment to the Zoning Ordinance or Zoning Districts Map may be recommended by the Planning Commission or approved by the City Council unless such amendment or conditions thereto are consistent with the General Plan. In considering a Zoning Ordinance or Zoning Districts Map amendment, the applicant shall identify, and the City Staff, Planning Commission, and City Council may consider, the following factors, among others: (a) The effect of the proposed amendment on the character of the surrounding area. (b) Consistency with the goals and policies of the General Plan and the General Plan Land Use Map. (c) Consistency and compatibility with the General Plan Land Use Map for adjoining and nearby properties. (d) The suitability of the properties for the uses proposed viz. a. viz. the suitability of the properties for the uses identified by the General Plan. (e) Whether a change in the uses allowed for the affected properties will unduly affect the uses or proposed uses for adjoining and nearby properties. (f) The overall community benefit of the proposed amendment. REVIEWS Planning Division Review. The Tooele City Planning Division has completed their review of the zoning amendment submission and has issued a recommendation for approval for the request. Noticing. The applicant has expressed their desire to rezone the subject property and do so in a manner which is compliant with the City Code. As such, notice has been properly issued in the manner outlined in the City and State Codes. STAFF RECOMMENDATION Staff recommends approval of the request for a zoning amendment by Mike Robbins, representing Gables Holdings, LLC, application number , subject to the following conditions: This recommendation is based on the following findings: 1. The proposed request meets the intent, goals, and objectives of the Master Plan. Gables of Tooele Assisted Living and Memory Care App. # Zoning Map Amendment Request 2

47 2. The proposed request meets the intent, goals, and objectives of the Tooele City General Plan. 3. The proposed request meets the requirements and provisions of the Tooele City Code. 4. The proposed request will not be deleterious to the health, safety, and general welfare of the general public nor the residents of adjacent properties. 5. The proposed request is consistent with the current use on the property. MODEL MOTIONS Sample Motion for approval I move we approve changing the zoning district at 251 East 1000 North from RR5 to General Commercial (GC), application number , based on the findings listed in the Staff Report dated August 24, 2016: Sample Motion for denial I move we deny changing the zoning district at 251 East 1000 North from RR5 to General Commercial (GC), application number , based on the following findings: Gables of Tooele Assisted Living and Memory Care App. # Zoning Map Amendment Request 3

48 EXHIBIT A MAPPING PERTINENT TO THE GABLES OF TOOELE ASSISTED LIVING AND MEMORY CARE ZONING MAP AMENDMENT

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52 EXHIBIT B APPLICANT SUBMITTED INFORMATION

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55 Exhibit C Planning Commission Minutes

56 Community Development Department Date: Wednesday, August 10, 2016 Time: 7:00 p.m. Place: Tooele City Hall Council Chambers 90 North Main Street, Tooele Utah Commission Members Present: Tom Poyner, Vice-Chairman Ray Smart Melanie Hammer Phil Montano Shauna Bevan Brad Clark Commission Members Excused: Chris Sloan, Chairman Matthew Robinson Russell Spendlove City Employees Present: Rachelle Custer, City Planner Roger Baker, City Attorney TOOELE CITY PLANNING COMMISSION MINUTES August 10, 2016 City Employees Excused: Jim Bolser, Public Works and Community Development Director Council Members Present: Councilwoman Winn Council Members Excused: Councilman Pruden Minutes prepared by Rachelle Custer Vice-Chairman Poyner called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance The Pledge of Allegiance was led by Vice-Chairman Poyner. 2. Roll Call Tom Poyner, Vice-Chairman Melanie Hammer Ray Smart Shauna Bevan Phil Montano Brad Clark 1 P a g e P l a n n i n g C o m m i s s i o n 0 8 / 1 0 /

57 Community Development Department 3. Public Hearing and Recommendation on Ordinance an ordinance amending the zoning map for property located at 251 East 1000 North from RR5 to General Commercial (GC) Presented by Rachelle Custer This application is a request for approval of a zoning amendment for approximately 5 acres located at 10 East 2000 North. The property is currently zoned RR5 low density residential. The request is to amend the zoning district to GC General Commercial to be consistent with the General Plan Land Use Element. The location is currently vacant. The applicant would like to construct a 40 bed assisted living facility at this location with the possibility of expansion to add 20 to 40 more beds in the future as needed. Residential facilities for elderly persons are allowed in the RR5 zoning district with a conditional use permit. However the RR5 zoning district allows for a maximum of 10% lot coverage. The applicant is requesting a minimum of approximately 30% lot coverage at project build out. The General Commercial zoning district will bring the property into compliance with the General Plan Land Use Element and will allow for the lot coverage needed for this project. The use is also a permitted use in the General Commercial zoning district. Staff recommends approval of the request for a zoning amendment by Mike Robbins, representing Gables Holdings, LLC, application number , subject to the following conditions: This recommendation is based on the following findings: 1. The proposed request meets the intent, goals, and objectives of the Master Plan. 2. The proposed request meets the intent, goals, and objectives of the Tooele City General Plan. 3. The proposed request meets the requirements and provisions of the Tooele City Code. 4. The proposed request will not be deleterious to the health, safety, and general welfare of the general public nor the residents of adjacent properties. 5. The proposed request is consistent with the current use on the property. Mr. Baker asked map in the packet shows 4 parcels in blue three to the North of 1000 North and one large parcel to the South. Would like to have a clear understanding which property we are talking about. Ms. Custer stated it is lot 5 on the parcel map in the packet. Mr. Poyner pointed to the parcel on the general plan map shown on the screen. Mr. Baker asked how many acres. Ms. Custer replied it is 5 acres. Vice-Chairman Poyner opened the public hearing. Mr. Alma Iverson was present and stated that his question has already been addressed. Commissioner Hammer moved to forward a positive recommendation to the City Council for the Gables of Tooele Assisted Living and Memory Care, changing the zoning district at 251 East 1000 North from RR5 to General Commercial (GC), application number , based on the findings listed in the Staff Report dated August 10, Commissioner Bevan seconded the motion. The vote was as follows: Commissioner Hammer, Aye, Commissioner Smart, Aye, Commissioner Poyner, Aye, Commissioner Bevan, Aye, Commissioner Montano, Aye, and Commissioner Clark Aye. 2 P a g e P l a n n i n g C o m m i s s i o n 0 8 / 1 0 /

58 Community Development Department 4. Review and Approval of Planning Commission Minutes: July 13, 2016 Commissioner Hammer moved to approve the minutes for the Planning Commission meeting held July 13, Commissioner Bevan seconded the motion. The vote was as follows: Commissioner Hammer, Aye, Commissioner Smart, Aye, Commissioner Poyner, Aye, Commissioner Bevan, Aye, Commissioner Montano, Aye, and Chairman Clark, Aye. 5. Adjourn Commissioner Hammer moved to adjourn the meeting. The Commission vote was unanimous and in the affirmative. The meeting adjourned at 7:05 p.m. The content of the minutes is not intended, nor are they submitted, as a verbatim transcription of the meeting. These minutes are a brief overview of what occurred at the meeting. Approved this 24th day of August, 2016 Tom Poyner, Vice-Chairman Tooele City Planning Commission 3 P a g e P l a n n i n g C o m m i s s i o n 0 8 / 1 0 /

59 Tooele City Council and Tooele City Redevelopment Agency of Tooele City, Utah Work Session Meeting Minutes Date: Wednesday, August 3, 2016 Time: 6:00 p.m. Place: Tooele City Hall, Large Conference Room 90 North Main St., Tooele, Utah City Council Members Present: Chairman Brad Pratt Scott Wardle Dave McCall Debbie Winn Steve Pruden City Employees Present: Mayor Patrick Dunlavy Glenn Caldwell, Finance Director Jim Bolser, Director of Community Development and Public Works Paul Hansen, City Engineer Michelle Pitt, Recorder Roger Baker, City Attorney Randy Sant, Economic Development Director Minutes prepared by Michelle Pitt 1. Open Meeting Chairman Pratt called the meeting to order at 6:00 p.m. 2. Roll Call Brad Pratt, Present Scott Wardle, Present Dave McCall, Present Debbie Winn, Present Steve Pruden, Present 3. Discussion: P a g e 1 Tooele City Council August 3, 2016

60 - Resolution A Resolution of the Tooele City Council Approving a Contract with Black and McDonald for the Repair and Maintenance of City- Owned Street Lights Presented by Mayor Patrick Dunlavy Mayor Dunlavy stated that the City has a copy of the current contract. There were a couple of minor changes on the contract that the Council has not seen. Mayor Dunlavy indicated that Mr. Baker had reviewed the contract. Mayor Dunlavy explained that the changes didn't alter the main content of the contract, but ensures the City is protected, and adds a term of three years. A one year contract didn't make sense because Black and McDonald will store fixtures of street lights of various types for the City to use over time. The three year contract offers assurance to the company that they will have time to use those stored items. The Mayor went on to say that prior to implementing this program, people would call in about problems with street lights, and the City electrician would fix them when he had time. Many times the electrician would find out that the fixture was bad and he would have to order a new one, taking up to six weeks to fix. Black and McDonald will store and order those parts, and have it fixed within 48 hours. This gives the City the ability to get lights fixed and respond to the public s requests. The program should be self-sustaining and stand on its own. The City will be allowed to give the company work, as long as there are funds available. The speed of this contract may use up the funds before the year is over, but the City can stop the contract until funds build up again. There are a lot of old fixtures that are being replaced with LED lights to be more cost efficient. The final goal is to try to get all lights and fixtures the same. So far, the City has fixed 233 lights since this program began. The City owns some of the lights and Rocky Mountain Power owns some of them. Rocky Mountain Power is also fixing their lights. There have been huge improvements. The Mayor is really happy with this program. The Mayor has checked with other cities that have contracts with Black and McDonald, and they are very happy with them. The City recommends the contract is approved. Chairman Pratt asked if lights could be put in places where there aren t enough lights, sometime down the road, after the all the lights get fixed. Mayor Dunlavy answered, yes, after the lights get fixed, The City will do a study to see if additional lights should be put in. Councilwoman Winn stated that she appreciated the time that has been put in to this program. The program was implemented such a short time ago, and much has been done already. Mr. Hansen informed the Council that the City adopted a new street light standard, which is more of a modern style. The direction from administration is that as lights are replaced, they are moving to that new standard. It is better quality. - Recycling Mayor Dunlavy stated that there has already been a lot of discussion on recycling. The dumpster that is currently in place is cost prohibitive. There isn't a revenue to pay for the dumpster. People leave garbage all around the dumpster, on the ground, which blows all over. The City will be taking out the dumpster because it is not cost effective. The Mayor stated that he had P a g e 2 Tooele City Council August 3, 2016

61 been on the phone with the waste collectors and had figures to present to the Council. He asked the Council to give him direction on whether to go forward with a curbside recycling program. The rates from Ace Disposal for recycling are, with a minimum percentage of homes to start the program at 20%: 20% to 35% - $ % to 70% - $4.50 Over 70% - $4.00 Add approximately $0.50 (or 17% of cost) per month for recycler and contaminate penalty, and approximately $0.50 per month for administrative costs. The Mayor indicated that administrative costs would need to be determined. The Mayor stated that the City will negotiate a separate agreement with the recycler. Ace Disposal will own the cans, and service them. The costs can fluctuate. The City would collect the money and handle the billing, but Ace would take care of other matters. Mayor Dunlavy asked the Council what percentage they would like to set as a starting point for this program. The program will take Ace some time, depending on the number the Council chooses. For example, if the Council chooses 70% buy in, Ace will have to get a lot of cans. The recycle cans would be picked up twice a month, every other week. Utility accounts would then need to be set up for recycling. The City won't use general fund money for recycling, the program will need to pay for itself. The people that want recycling, will pay for the program. As it is now, everyone is paying the cost for the dumpster. Councilman Pruden asked if a number is chosen, and the response comes in higher, does it matter? The Mayor answered that anything over 70%, for example, would result in the same amount. Councilman Wardle said that the council needs to set a number, or percentage. If the City receives that many responses, the City does the program, if the City doesn t receive that amount, the City won't do the program. Chairman Pratt stated that he did some research on recycling and received documents from Grantsville s program and the way they implemented it. Chairman Pratt placed those documents on Google drive for the Council. Chairman Pratt said that it took Grantsville 18 months to put the program in place. Mayor Dunlavy said that Grantsville s account was a smaller account than Ace has had in the past. It shouldn't take Tooele City as long to get this program in place. Chairman Pratt felt that there is a voice out there that recycling needs to happen. Word needs to get out about the program so that the City can find out how many citizens really want it. The City needs to give the citizens the opportunity to opt in or out. Councilwoman Winn asked if the contract was a five year contract. Mayor Dunlavy answered that Ace was asking for a five year contract, but the City may be able to negotiate. Councilman McCall agreed that those that want the program should be the ones to pay for it, and those that don't shouldn't have to pay. He asked if the City had to use Ace, or if there were other vendors. Mayor Dunlavy answered that the City didn t have to use Ace, but he has found that their contracts are less expensive than other carriers. Ace is the City s carrier already and there are advantages to that. The Mayor has stated he checked with other cities and they use Ace for recycling. P a g e 3 Tooele City Council August 3, 2016

62 Chairman Pratt stated that he discussed Grantsville s contract with them. If their percentage of usage goes below 50%, their contract stops even though they have a term in the contract. Councilman Wardle asked if the City s number drops down to 38%, would the rates go up? Mayor Dunlavy answered yes, it would. Every year the cost would be adjusted or fluctuated accordingly. Councilman Pruden proposed the lower number of percentage so that those that want to recycle, can. He feels that they would be willing to pay $5.12, plus the additional $0.50. If the response is above that, the cost would be less. Councilman Wardle agreed with the lower percentage since the cost difference was only $1.12 for the difference between the percentages. Councilwoman Winn asked if it was legal to hold them to a one year commitment. Councilman Wardle asked what would happen if the buy in went below 20%. Mr. Baker stated that if the percentage dropped below 20%, the Council could meet again and talk about it. He also said that he thought it was legal to hold citizens to the year contract. Councilman Wardle stated that he appreciated the methodical way this program was looked at. Mayor Dunlavy said that there is a cost, but if people want it, they can have it at a reasonable rate. Councilwoman Winn said that she liked the option of opting in, rather than opting out. Chairman Pratt pointed out that the City has many sources to get the information out to the public and to receive their responses of whether they want to opt in to the program. The Mayor stated again that there would be administrative costs depending on how many people opt in or out. Councilwoman Winn said that it will be interesting to get the actual numbers. Mayor Dunlavy said that the City will do public notices, and use the website and newsletter to get the information out to the public. He said that contrary to what social media says, he's not against recycling. He wanted to have time to do the homework, to make sure of the actual costs. Mr. Baker said that he discovered one issue: the City s utility accounts are based on property owners, the City only allows property owners to have accounts, there is not a way to allow renters to opt in. The City Council discussed that renters will have to deal with their landlord, to have an agreement to opt in for the tenant. The tenant would pay the owner for the fee, just like they do for water and sewer. It was decided to go forward, to get the information out to the public to see if there is at least 20% buy in. 4. Close Meeting to Discuss Litigation, and Property Acquisition Councilman Pruden moved to close the meeting. Councilwoman Winn seconded the motion. The vote was as follows: Councilwoman Winn Aye, Councilman McCall Aye, Councilman Wardle Aye, Councilman Pruden Aye, and Chairman Pratt Aye. P a g e 4 Tooele City Council August 3, 2016

63 Those in attendance during the closed session were: Glenn Caldwell, Roger Baker, Jim Bolser, Mayor Patrick Dunlavy, Paul Hansen, Michelle Pitt, Randy Sant, Councilwoman Winn, Councilman McCall, Councilman Wardle, Councilman Pruden, and Chairman Pratt. The meeting closed at 6:39 p.m. No minutes were taken on these items. 5. Adjourn Councilman Wardle moved to adjourn the meeting. Councilwoman Winn seconded the motion. The vote was as follows: Councilwoman Winn Aye, Councilman McCall Aye, Councilman Wardle Aye, Councilman Pruden Aye, and Chairman Pratt Aye. The meeting adjourned at 6:56 p.m. The content of the minutes is not intended, nor are they submitted, as a verbatim transcription of the meeting. These minutes are a brief overview of what occurred at the meeting. Approved this 17th day of August, 2016 Brad Pratt, Tooele City Council Chair P a g e 5 Tooele City Council August 3, 2016

64 Tooele City Council and Tooele City Redevelopment Agency of Tooele City, Utah Business Meeting Minutes Date: Wednesday, August 3, 2016 Time: 7:00 p.m. Place: Tooele City Hall, Council Chambers 90 North Main Street, Tooele, Utah City Council Members Present: Brad Pratt, Chairman Steve Pruden Debbie Winn Dave McCall Scott Wardle City Employees Present: Mayor Patrick Dunlavy Roger Baker, City Attorney Lisa Carpenter, Deputy Recorder Glenn Caldwell, Finance Director Ron Kirby, Chief of Police Paul Hansen, City Engineer Jim Bolser, Public Works and Community Development Director Michelle Pitt, City Recorder Minutes prepared by Cami Cazier Chairman Pratt called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance The Pledge of Allegiance was led by Councilman Pruden. 2. Roll Call Brad Pratt, Present Steve Pruden, Present Debbie Winn, Present Scott Wardle, Present Dave McCall, Present Chairman Pratt welcomed Cub Scout Troop They brought letters to the City Council regarding recycling. Chairman Pratt thanked them for their letters and informed them that the recycling issue is moving forward. 1 P a g e T o o e l e C i t y C o u n c i l A u g u s t 3,

65 3. Public Comment Period Chairman Pratt opened the public comment period to anyone who would like to come forward and address the council. He requested that those who address the Council to please sign the roster at the podium and state their name clearly because the meeting is being recorded. He asked that comments be limited to 3 minutes. There were no public comments. Chairman Pratt closed the public comment period at 7: Resolution A Resolution of the Tooele City Council Approving a Contract with Black and McDonald for the Repair and Maintenance of City-Owned Street Lights Presented by Mayor Patrick Dunlavy The street light program has been discussed for quite some time now. A utility fee was implemented to repair the street lights in town. This contract is a formal agreement with Black and McDonald to repair and replace the street lights in Tooele City. They ve done an excellent job, and the city has worked with them prior to this formal agreement on some specific difficult lights that were replaced in town. The old style lamps will be changed out to LED lights, which will be much more energy efficient and cost effective. Eventually all the lights will be changed so that only one kind of replacement will be needed. This will cut down the cost of materials and labor, and they should be able to be replaced within 48 hours. In the couple of months that this program has been going, 233 lights have been replaced, with 267 actively on the list to be fixed or replaced. The remaining 1,800 lights will eventually be fixed or replaced as well. Councilman McCall moved to approve Resolution Councilman Pruden seconded the motion. The vote was as follows: Councilman Pruden, Aye, Councilwoman Winn, Aye, Councilman Wardle, Aye, Councilman McCall, Aye, and Chairman Pratt, Aye. 5. Final Plat Approval for Canyon Village Phase IV, a Six Lot Single Family Residential Subdivision to be Located at 1730 North Broadway Presented by Jim Bolser This request is for a final plat approval for a minor subdivision. In order to qualify for a minor subdivision, there are two conditions that must be met. First, that there is no public right of way dedication. Broadway Avenue has been dedicated in whole. Second, it must be less than ten lots; this is a six lot subdivision. It s on North Broadway across the street from Copper Canyon Elementary. A plat map was shown overhead to view where the subdivision is located, in relation to Broadway Avenue. This is a six lot, single family development where all of the lots meet. Zoning requirements of the HDR zone, which is high-density residential, require that all 2 P a g e T o o e l e C i t y C o u n c i l A u g u s t 3,

66 lots be above 7,000 square feet. These lots fill this requirement as well as all other city requirements. Being a minor subdivision, there is only a single pass through the planning commission and city council. The planning commission has reviewed this request and has forwarded a unanimous positive recommendation. Councilwoman Winn moved to approve the Canyon Village Phase IV, a Six Lot Single Family Residential Subdivision to be Located at 1730 North Broadway. Councilman Wardle seconded the motion. The vote was as follows: Councilman Pruden, Aye, Councilwoman Winn, Aye, Councilman Wardle, Aye, Councilman McCall, Aye, and Chairman Pratt, Aye. 6. Minutes: July 20, 2016 Councilman Pruden moved to approve the minutes for the meeting held on July 20, 2016 as presented. Councilwoman Winn seconded the motion. The vote was as follows: Councilman Pruden, Aye, Councilwoman Winn, Aye, Councilman Wardle, Aye, Councilman McCall, Aye, and Chairman Pratt, Aye. 7. Invoices Presented by Michelle Pitt There were no invoices to present. 8. Adjourn Councilman Wardle moved to adjourn the meeting. Councilman Pruden seconded the motion. The vote was as follows: Councilman Pruden, Aye, Councilwoman Winn, Aye, Councilman Wardle, Aye, Councilman McCall, Aye, and Chairman Pratt, Aye. The meeting adjourned at 7:12 p.m. The content of the minutes is not intended, nor are they submitted, as a verbatim transcription of the meeting. These minutes are a brief overview of what occurred at the meeting. Approved this 17 th day of August, 2016 Brad Pratt, Tooele City Council Chair 3 P a g e T o o e l e C i t y C o u n c i l A u g u s t 3,

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