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90 North Main Street | Tooele, Utah 84074 435-843-2110 | 435-843-2119 (fax) | www.tooelecity.org 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 2016-41 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 2016-40 A Resolution of the Tooele City Council Declaring Surplus Certain Technology-Related Equipment, and Authorizing Its Disposal Presented by Michelle Pitt 8. Resolution 2016-42 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 2016-14 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 843-2110 prior to the meeting.

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90 North Main Street | Tooele, Utah 84074435-843-2110 | 435-843-2119 (fax) | www.tooelecity.org

City Recorder’s Office

PUBLIC NOTICE

Notice is hereby given that the Tooele City Council & Tooele City Redevelopment Agency of TooeleCity, 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 BaptistDisaster Relief Team

Presented by Bucky Whitehouse

5. Resolution 2016-41 A Resolution of Tooele City Council Adopting the 2016 Pre-DisasterMitigation Plan: Tooele County, Utah

Presented by Bucky Whitehouse, Tooele County Emergency Management

6. Annual Report on Tooele County Health & Aging ServicesPresented by Jeff Coombs and/or Sherrie Ahlstrom

7. Resolution 2016-40 A Resolution of the Tooele City Council Declaring Surplus CertainTechnology-Related Equipment, and Authorizing Its Disposal

Presented by Michelle Pitt

8. Resolution 2016-42 A Resolution of the Tooele City Council Authorizing a PurchaseAgreement with Spillman Technologies, Inc., for Law Enforcement Computer SoftwareLicensing

Presented by Police Chief Ron Kirby

9. PUBLIC HEARING & MOTION on Ordinance 2016-14 an Ordinance Amending the ZoningMap for Property Located at 251 East 1000 North from RR5 to General Commercial (GC)

Presented by Jim Bolser

10. Minutes

11. InvoicesPresented by Michelle Pitt

12. Adjourn

_____________________________Michelle Y. PittTooele City Recorder/RDA Secretary

Pursuant to the Americans with Disabilities Act, Individuals Needing Special Accommodations ShouldNotify Michelle Y. Pitt, Tooele City Recorder, at 843-2110 prior to the meeting.

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TOOELE CITY CORPORATION

RESOLUTION 2016-41

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.

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TOOELE CITY COUNCIL (For) (Against) ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ABSTAINING: ___________________________________________

MAYOR OF TOOELE CITY (Approved) (Disapproved) ______________________________ ______________________________ ATTEST: __________________________ Michelle Y. Pitt, City Recorder S E A L Approved as to Form: ___________________________ Roger Evans Baker, City Attorney

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TOOELE CITY CORPORATION

RESOLUTION 2016-40

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.

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TOOELE CITY COUNCIL

(For) (Against) ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ABSTAINING: ___________________________________________

MAYOR OF TOOELE CITY (Approved) (Disapproved) ______________________________ ______________________________ ATTEST: __________________________ Michelle Y. Pitt, City Recorder S E A L Approved as to Form: ____________________________ Roger Evans Baker, City Attorney

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Exhibit A

List of Surplus Equipment

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Exhibit B

Disposal Policy

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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.

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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.

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TOOELE CITY POLICE DEPARTMENT INOPERABLE EQUIPMENT

EQUIPMENT PHYSICAL CONDITION

Serial Number

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.

616CN1064J591300115 Xerox DocuMate 510 TCPD Terrible scan quality and extremely old.

551TW105CH2M1400422 Xerox DocuMate 510 TCPD Doesn't scan.

USQX125210 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.

F02426417 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.

FCVB769498 Canon iP90 Printer TCPD No power.

52137785NA NEC LCD 72 v Monitor TCPD Bad screen.

66179768NA NEC LCD 72 v Monitor TCPD No power.

69198307NA NEC LCD 72 v Monitor TCPD Bad screen.

CB867-80046 HP Officejet 4500 Printer TCPD No power and missing pieces.

790162T Lexmark T642 Printer TCPD No power.

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Name Quantity Reason for Salvage SN# SN# SN# SN# SN#

Acer monitor 2 Old not efficient equipment '99802198992 '99802198992 ' ' '

Brother Pirinters 4 Broken or non fixable 'U60062G2J559883 'U60073C3J235076 'U52583C1J247766'U61281D7J666207 'U60073C4J402603

NEC Monitors 5 Old not efficient equipment or broken'63137101NA '66179759NA '44409781YA '41402969YA '44409777YA

Server CD-R 3 Old Not usable software or Hardware '395911-001 '810HP001155 '395911-001 ' '

Citizen receipt printer 1 Old not efficient equipment '09X2041 ' ' ' '

HP Printer 4 Broken or non fixable 'CNDY150156 'JP4LB38358 'CND9D3PCGV 'CNHC78Q3YL 'MY45J2K00HQ0

sewoo receipt printer 2 Old not efficient equipment 'SW13011064 'SW13011040 ' ' '

RoHS POST System 2 Old Not usable software or Hardware 'N103160017 'N103160014 ' ' '

Honeywell barcode scanner 2 Old Not usable software or Hardware '2S10411540 'N/A ' ' '

LG monitor 1 Broken or non fixable '612UXJX3N460 ' ' ' '

POS terminal 3 Old Not usable software or Hardware 'L810990010 'L810990012 '95018c00324 ' '

NEC Monitor 1 Broken or non fixable '68102162NA '43407864YA '4X104139NA '43407880YA '41402987YA

ViewSonic 1 Broken or non fixable 'PS3053702632 ' ' ' '

KDS Monitors 1 Broken or non fixable 'E7YZCC18949U ' ' ' '

sharp Scaner 1 Broken or non fixable '0G114483 ' ' ' '

Logitech keyboard 4 Broken or non fixable 'MCC43211114 'MCC43219430 '7389100443219 'Mcc43203805 '

Ikon copier 1 Broken or non fixable 'R8126 ' ' ' '

Panasonic 2 Old not efficient equipment '7ITYA08697 '7HTYA05898 ' ' '

Epson Printer 1 Broken or non fixable 'QJZY028986 ' ' ' '

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 '61121728NA ' ' '

DVD Drive 2 Broken or non fixable '251706416186 'B7KQAP4098549 ' ' '

DockingStation 4 Old not efficient equipment '1S74P6733M4D0640'PA286A 'CNU208XF9H '950632 '820004000024

mounting Bracket for old monitors1 Old not efficient equipment '227835 ' ' ' '

Dell Monitor 2 Old not efficient equipment 'A01 'CN0C182J7444598FAXBB' ' '

UPS 4 Broken or non fixable '3B0728X41548 '3B0815X86119 '3B0746X71986 'AS0925221055 '

Switch 4 Broken or non fixable 'J4903A 'AHW1212002412 '7T2G034482 'FAA0247R01K '432939

Rolodex 1 Old not efficient equipment 'RF-4264 ' ' ' '

Casio Calculator 1 Broken or non fixable ' ' ' ' '

Keyboard 4 Old not efficient equipment '8371851527823 'c0106125345 'mcc44300672 '5167700700403 '02009927Mouse 4 Equipment or software is superfluous '5872400695798 'lzc51551740 '7040004243913 '7040004283253 '

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 'c628390 'A971115989 '01106000990 ' '

HDDrive 4 Old not efficient equipment 'S14JJ9CP813103 '3PD0GQP7 '3TA11JBX '14112485 'WMAM9WW04943

Radio 1 Broken or non fixable '1162731 ' ' ' '

Sharp sf-2040 1 Broken or non fixable '6050087 ' ' ' '

brother printers 1 Broken or non fixable 'U60073K3J777737 ' ' ' '

keyboard 2 2 Old not efficient equipment 'BC2AA0FLUW22LL '7619801141670 ' ' '

HDDrive 2 Broken or non fixable 'DP0B00 '830150001004 ' ' '

Antec Desktop 1 Old not efficient equipment 'TPD004430 ' ' ' '

DocingStaion 1 Old not efficient equipment 'CNU624YBL4 ' ' ' '

Dell Desktop 3 Old not efficient equipment '0U344C '00043710724637 '0U344C ' '

hp desktop 4 Old not efficient equipment 'MXL8320FT0 'MXL8430XYY 'MXL8430XYV 'MXL8320FT5 '

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TOOELE CITY CORPORATION

RESOLUTION 2016-42

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.

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TOOELE CITY COUNCIL (For) (Against) ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ABSTAINING: ___________________________________________

MAYOR OF TOOELE CITY (Approved) (Disapproved) ______________________________ ______________________________ ATTEST: __________________________ Michelle Y. Pitt, City Recorder S E A L Approved as to Form: ___________________________ Roger Evans Baker, City Attorney

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Exhibit A

Spillman Contract

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TOOELE CITY CORPORATION

ORDINANCE 2016-14

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 1998-39, 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 1998-39 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,

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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 bestinterest of the City in that they will further economic development, are consistentwith the desires of the affected property owners, and are consistent with theGeneral Plan and Land Use Plan; and,

2. the Zoning Map is hereby amended for the property located near 251 East 1000North 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__.

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TOOELE CITY COUNCIL

(For) (Against) ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ABSTAINING: ___________________________________________

MAYOR OF TOOELE CITY (Approved) (Disapproved) ______________________________ ______________________________ ATTEST: __________________________ Michelle Y Pitt, City Recorder S E A L Approved as to Form: ____________________________ Roger Baker, Tooele City Attorney

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Exhibit A

Application for Zoning Amendment

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rachellec
Stamp
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rachellec
Stamp
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Exhibit B

City Staff Report

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Gables of Tooele Assisted Living and Memory Care App. # 2160483 Zoning Map Amendment Request 1

Community Development Department

STAFF REPORT

To: Tooele City Council Business Date: August 24, 2016

From: 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.: 2160483 Applicant: Michael Robbins, Gables Holding LLC Project Location: 251 East 1000 North Zoning: RR5 Low Density Residential Acreage: Approximately 5 Acres (Approximately 217,800 ft2) 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.

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Gables of Tooele Assisted Living and Memory Care App. # 2160483 Zoning Map Amendment Request 2

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 2160483, 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.

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Gables of Tooele Assisted Living and Memory Care App. # 2160483 Zoning Map Amendment Request 3

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 2160483, 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 2160483, based on the following findings:”

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EXHIBIT A

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

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EXHIBIT B

APPLICANT SUBMITTED INFORMATION

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Exhibit C

Planning Commission Minutes

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1 | P a g e P l a n n i n g C o m m i s s i o n0 8 / 1 0 / 2 0 1 6

Community Development Department

TOOELE CITY PLANNING COMMISSION MINUTESAugust 10, 2016

Date: Wednesday, August 10, 2016Time: 7:00 p.m.Place: Tooele City Hall Council Chambers

90 North Main Street, Tooele Utah

Commission Members Present:Tom Poyner, Vice-ChairmanRay SmartMelanie HammerPhil MontanoShauna BevanBrad Clark

Commission Members Excused:Chris Sloan, ChairmanMatthew RobinsonRussell Spendlove

City Employees Present:Rachelle Custer, City PlannerRoger Baker, City Attorney

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-ChairmanMelanie HammerRay SmartShauna BevanPhil MontanoBrad Clark

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Community Development Department

3. Public Hearing and Recommendation on Ordinance 2016-14 an ordinance amendingthe zoning map for property located at 251 East 1000 North from RR5 to GeneralCommercial (GC)

Presented by Rachelle Custer

This application is a request for approval of a zoning amendment for approximately 5 acres located at 10East 2000 North. The property is currently zoned RR5 low density residential. The request is to amendthe 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 atthis 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 usepermit. However the RR5 zoning district allows for a maximum of 10% lot coverage. The applicant isrequesting a minimum of approximately 30% lot coverage at project build out. The General Commercialzoning district will bring the property into compliance with the General Plan Land Use Element and willallow for the lot coverage needed for this project. The use is also a permitted use in the GeneralCommercial zoning district.

Staff recommends approval of the request for a zoning amendment by Mike Robbins, representing GablesHoldings, LLC, application number 2160483, 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 largeparcel 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 generalplan 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 hisquestion has already been addressed.

Commissioner Hammer moved to forward a positive recommendation to the City Council for theGables of Tooele Assisted Living and Memory Care, changing the zoning district at 251 East 1000North from RR5 to General Commercial (GC), application number 2160483, based on the findingslisted in the Staff Report dated August 10, 2016. Commissioner Bevan seconded the motion. The votewas as follows: Commissioner Hammer, “Aye,” Commissioner Smart, “Aye,” Commissioner Poyner,“Aye,” Commissioner Bevan, “Aye,” Commissioner Montano, “Aye,” and Commissioner Clark “Aye”.

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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 heldJuly 13, 2016. Commissioner Bevan seconded the motion. The vote was as follows: CommissionerHammer, “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 inthe 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. Theseminutes 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

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P a g e | 1 Tooele City Council August 3, 2016

Tooele City Council andTooele City Redevelopment Agency of Tooele City, Utah

Work Session Meeting Minutes

Date: Wednesday, August 3, 2016Time: 6:00 p.m.Place: Tooele City Hall, Large Conference Room

90 North Main St., Tooele, Utah

City Council Members Present:Chairman Brad PrattScott WardleDave McCallDebbie WinnSteve Pruden

City Employees Present:Mayor Patrick DunlavyGlenn Caldwell, Finance DirectorJim Bolser, Director of Community Development and Public WorksPaul Hansen, City EngineerMichelle Pitt, RecorderRoger Baker, City AttorneyRandy 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, PresentScott Wardle, PresentDave McCall, PresentDebbie Winn, PresentSteve Pruden, Present

3. Discussion:

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P a g e | 2 Tooele City Council August 3, 2016

- Resolution 2016-36 A Resolution of the Tooele City Council Approving aContract with Black and McDonald for the Repair and Maintenance of City-Owned Street LightsPresented by Mayor Patrick Dunlavy

Mayor Dunlavy stated that the City has a copy of the current contract. There were a couple ofminor 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 themain content of the contract, but ensures the City is protected, and adds a term of three years. Aone year contract didn't make sense because Black and McDonald will store fixtures of streetlights of various types for the City to use over time. The three year contract offers assurance tothe company that they will have time to use those stored items. The Mayor went on to say thatprior to implementing this program, people would call in about problems with street lights, andthe City electrician would fix them when he had time. Many times the electrician would find outthat 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. Thisgives the City the ability to get lights fixed and respond to the public’s requests. The programshould be self-sustaining and stand on its own. The City will be allowed to give the companywork, as long as there are funds available. The speed of this contract may use up the fundsbefore the year is over, but the City can stop the contract until funds build up again. There are alot of old fixtures that are being replaced with LED lights to be more cost efficient. The finalgoal 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 lightsand Rocky Mountain Power owns some of them. Rocky Mountain Power is also fixing theirlights. There have been huge improvements. The Mayor is really happy with this program. TheMayor has checked with other cities that have contracts with Black and McDonald, and they arevery 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, sometimedown the road, after the all the lights get fixed. Mayor Dunlavy answered, yes, after the lightsget fixed, The City will do a study to see if additional lights should be put in. CouncilwomanWinn stated that she appreciated the time that has been put in to this program. The program wasimplemented 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 ismore of a modern style. The direction from administration is that as lights are replaced, they aremoving to that new standard. It is better quality.

- Recycling

Mayor Dunlavy stated that there has already been a lot of discussion on recycling. The dumpsterthat 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 Citywill be taking out the dumpster because it is not cost effective. The Mayor stated that he had

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P a g e | 3 Tooele City Council August 3, 2016

been on the phone with the waste collectors and had figures to present to the Council. He askedthe 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 theprogram at 20%:20% to 35% - $5.1236% to 70% - $4.50Over 70% - $4.00Add approximately $0.50 (or 17% of cost) per month for recycler and contaminate penalty, andapproximately $0.50 per month for administrative costs. The Mayor indicated thatadministrative costs would need to be determined.

The Mayor stated that the City will negotiate a separate agreement with the recycler. AceDisposal will own the cans, and service them. The costs can fluctuate. The City would collectthe 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 forthis program. The program will take Ace some time, depending on the number the Councilchooses. 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 wouldthen need to be set up for recycling. The City won't use general fund money for recycling, theprogram will need to pay for itself. The people that want recycling, will pay for the program. Asit 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 itmatter? The Mayor answered that anything over 70%, for example, would result in the sameamount. Councilman Wardle said that the council needs to set a number, or percentage. If theCity receives that many responses, the City does the program, if the City doesn’t receive thatamount, the City won't do the program. Chairman Pratt stated that he did some research onrecycling 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 saidthat it took Grantsville 18 months to put the program in place. Mayor Dunlavy said thatGrantsville’s account was a smaller account than Ace has had in the past. It shouldn't takeTooele City as long to get this program in place. Chairman Pratt felt that there is a voice outthere that recycling needs to happen. Word needs to get out about the program so that the Citycan find out how many citizens really want it. The City needs to give the citizens theopportunity 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 ableto negotiate.

Councilman McCall agreed that those that want the program should be the ones to pay for it, andthose that don't shouldn't have to pay. He asked if the City had to use Ace, or if there were othervendors. Mayor Dunlavy answered that the City didn’t have to use Ace, but he has found thattheir contracts are less expensive than other carriers. Ace is the City’s carrier already and thereare advantages to that. The Mayor has stated he checked with other cities and they use Ace forrecycling.

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P a g e | 4 Tooele City Council August 3, 2016

Chairman Pratt stated that he discussed Grantsville’s contract with them. If their percentage ofusage 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 fluctuatedaccordingly.

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 responseis above that, the cost would be less. Councilman Wardle agreed with the lower percentage sincethe cost difference was only $1.12 for the difference between the percentages. CouncilwomanWinn asked if it was legal to hold them to a one year commitment. Councilman Wardle askedwhat would happen if the buy in went below 20%. Mr. Baker stated that if the percentagedropped below 20%, the Council could meet again and talk about it. He also said that he thoughtit 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 reasonablerate. 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 thepublic and to receive their responses of whether they want to opt in to the program. The Mayorstated again that there would be administrative costs depending on how many people opt in orout.

Councilwoman Winn said that it will be interesting to get the actual numbers. Mayor Dunlavysaid that the City will do public notices, and use the website and newsletter to get the informationout to the public. He said that contrary to what social media says, he's not against recycling. Hewanted 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 propertyowners, the City only allows property owners to have accounts, there is not a way to allowrenters to opt in. The City Council discussed that renters will have to deal with their landlord, tohave an agreement to opt in for the tenant. The tenant would pay the owner for the fee, just likethey 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 least20% 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,” CouncilmanWardle “Aye,” Councilman Pruden “Aye,” and Chairman Pratt “Aye.”

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P a g e | 5 Tooele City Council August 3, 2016

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 themotion. 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 ofthe 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

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Tooele City Council andTooele City Redevelopment Agency of Tooele City, Utah

Business Meeting Minutes

Date: Wednesday, August 3, 2016Time: 7:00 p.m.Place: Tooele City Hall, Council Chambers90 North Main Street, Tooele, Utah

City Council Members Present:Brad Pratt, ChairmanSteve PrudenDebbie WinnDave McCallScott Wardle

City Employees Present:Mayor Patrick DunlavyRoger Baker, City AttorneyLisa Carpenter, Deputy RecorderGlenn Caldwell, Finance DirectorRon Kirby, Chief of PolicePaul Hansen, City EngineerJim Bolser, Public Works and Community Development DirectorMichelle 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, PresentSteve Pruden, PresentDebbie Winn, PresentScott Wardle, PresentDave McCall, Present

Chairman Pratt welcomed Cub Scout Troop 4607. They brought letters to the City Councilregarding recycling. Chairman Pratt thanked them for their letters and informed them that therecycling issue is moving forward.

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3. Public Comment Period

Chairman Pratt opened the public comment period to anyone who would like to come forwardand address the council. He requested that those who address the Council to please sign theroster at the podium and state their name clearly because the meeting is being recorded. Heasked that comments be limited to 3 minutes.

There were no public comments.

Chairman Pratt closed the public comment period at 7:05.

4. Resolution 2016-36 A Resolution of the Tooele City Council Approving a Contractwith Black and McDonald for the Repair and Maintenance of City-Owned StreetLights

Presented by Mayor Patrick Dunlavy

The street light program has been discussed for quite some time now. A utility fee wasimplemented to repair the street lights in town. This contract is a formal agreement with Blackand McDonald to repair and replace the street lights in Tooele City. They’ve done an excellentjob, and the city has worked with them prior to this formal agreement on some specific difficultlights that were replaced in town. The old style lamps will be changed out to LED lights, whichwill be much more energy efficient and cost effective. Eventually all the lights will be changedso that only one kind of replacement will be needed. This will cut down the cost of materials andlabor, and they should be able to be replaced within 48 hours. In the couple of months that thisprogram has been going, 233 lights have been replaced, with 267 actively on the list to be fixedor replaced. The remaining 1,800 lights will eventually be fixed or replaced as well.

Councilman McCall moved to approve Resolution 2016-36. Councilman Pruden secondedthe 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 FamilyResidential 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 minorsubdivision, there are two conditions that must be met. First, that there is no public right of waydedication. Broadway Avenue has been dedicated in whole. Second, it must be less than tenlots; this is a six lot subdivision. It’s on North Broadway across the street from Copper CanyonElementary. A plat map was shown overhead to view where the subdivision is located, inrelation to Broadway Avenue. This is a six lot, single family development where all of the lotsmeet. Zoning requirements of the HDR zone, which is high-density residential, require that all

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lots be above 7,000 square feet. These lots fill this requirement as well as all other cityrequirements. Being a minor subdivision, there is only a single pass through the planningcommission and city council. The planning commission has reviewed this request and hasforwarded a unanimous positive recommendation.

Councilwoman Winn moved to approve the Canyon Village Phase IV, a Six Lot SingleFamily Residential Subdivision to be Located at 1730 North Broadway. CouncilmanWardle seconded the motion. The vote was as follows: Councilman Pruden, “Aye,”Councilwoman Winn, “Aye,” Councilman Wardle, “Aye,” Councilman McCall, “Aye,” andChairman Pratt, “Aye.”

6. Minutes: July 20, 2016

Councilman Pruden moved to approve the minutes for the meeting held on July 20, 2016 aspresented. Councilwoman Winn seconded the motion. The vote was as follows: CouncilmanPruden, “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 themotion. 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 ofthe 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