PUBLIC NOTICE. 6. Tooele City Reuse Lakes and Overlake Golf Course Amended Plat Final Plat Approval Presented by Jim Bolser

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1 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, March 2, 2016 at the hour of 7:00 P.M. The meeting will be held at the Tooele City Hall Council Room located at 90 North Main Street, Tooele, Utah. 1. Pledge of Allegiance 2. Roll Call 3. Mayor s Youth Recognition Awards 4. Public Comment Period 5. Resolution A Resolution of the Tooele City Council Approving the Municipal Wastewater Planning Program Self-Assessment Report for Tooele City for 2015 Presented by Jim Bolser 6. Tooele City Reuse Lakes and Overlake Golf Course Amended Plat Final Plat Approval Presented by Jim Bolser 7. Minutes 8. Invoices Presented by Michelle Pitt 9. 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 Ph; Fax:

2 TOOELE CITY CORPORATION RESOLUTION A RESOLUTION OF THE TOOELE CITY COUNCIL APPROVING THE MUNICIPAL WASTEWATER PLANNING PROGRAM SELF-ASSESSMENT REPORT FOR TOOELE CITY FOR WHEREAS, the Division of Water Quality, Utah Department of Environmental Quality, requires that the City Council affirm by Resolution that it has reviewed the Municipal Wastewater Planning Program Self-Assessment Report for Tooele City for 2015 (attached hereto as Exhibit A); and, WHEREAS, the Division of Water Quality, Utah Department of Environmental Quality, requires that the City Council affirm by Resolution that Tooele City has taken all appropriate actions necessary to maintain effluent requirements contained in the City s Utah Pollutant Discharge Elimination System (UPDES) Permit conditions; and, WHEREAS, the Report demonstrates the steps taken by the City to ensure maintenance of effluent requirements contained in the City s UPDES permit: NOW, THEREFORE, BE IT RESOLVED BY THE TOOELE CITY COUNCIL that: (1) the City Council has reviewed and approved the Municipal Wastewater Planning Program Self-Assessment Report for Tooele City for 2015; and, (2) Tooele City has taken all appropriate actions necessary to maintain effluent requirements contained in the City s UPDES permit conditions. This Resolution is necessary for the immediate preservation of the peace, health, safety, or welfare of Tooele City and 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 2 nd day of March, Resolution MWPP Self-Assessment Report for 2015

3 (For) TOOELE CITY COUNCIL (Against) ABSTAINING: (Approved) MAYOR OF TOOELE CITY (Disapproved) ATTEST: Michelle Pitt, City Recorder S E A L Approved as to Form: Roger Baker, City Attorney Resolution MWPP Self-Assessment Report for 2015

4 EXHIBIT A 2015 Municipal Wastewater Planning Program Self-Assessment Report Resolution MWPP Self-Assessment Report for 2015

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31 Community Development Department STAFF REPORT February 24, 2016 To: From: Tooele City Council Business Date: March 2, 2016 Planning Division Community Development Department Prepared By: Rachelle Custer, City Planner Re: Tooele City Reuse Lakes and Overlake Golf Course Amended plat final plat approval Request Application No.: Applicant: Drew Hall, representing Overlake Development Group Project Location: Overlake Development Zoning: Request: P Overlake Development Zone Request for approval of a final plat in the P Overlake Development zone regarding the Tooele City Reuse Lakes and Overlake Golf Course. BACKGROUND This plat is a vacation and resubdivision of the Tooele city Reuse Lakes Plat and the Overlake Golf Course Plat, to reflect the actual as constructed locations of the parcels, ponds and easements. Planning Commission made a favorable recommendation on February 24, ANALYSIS Subdivision Layout. The subdivision consists of 8 lots and 16 ponds. Criteria For Approval. The criteria for review and potential approval of a final plat approval request is found in Section 7-19 of the Tooele City Code. This section depicts the standard of review for such requests as: The procedure for approval or denial of a Subdivision Final Plat request, as well as the information required to be submitted for review as a complete application is found in Sections and 11 of the Tooele City Code. REVIEWS Planning Division Review. The Tooele City Planning Division has completed their review of the final plat approval submission and has issued a recommendation for approval for the request. Engineering Review. The Tooele City Engineering and Public Works Divisions have completed their reviews of the final plat approval submission and have issued a recommendation for approval for the request. Tooele City Reuse Lakes and Overlake Golf Course Amended plat App. # final plat approval Request 1

32 STAFF RECOMMENDATION Staff recommends approval of the request for a final plat approval by Drew Hall, representing the Overlake Development, application number This recommendation is based on the following findings: 1. The proposed development plans meet the intent, goals, and objectives of the Master Plan. 2. The proposed development plans meet the intent, goals, and objectives of the Tooele City General Plan. 3. The proposed development plans meet the requirements and provisions of the Tooele City Code. 4. The proposed development plans will not be deleterious to the health, safety, and general welfare of the general public nor the residents of adjacent properties. 5. The proposed development conforms to the general aesthetic and physical development of the area. 6. The public services in the area are adequate to support the subject development. 7. Planning Commission made a favorable recommendation on February 24, 2016 MODEL MOTIONS Sample Motion for Approval I move we approve the Tooele City Reuse Lakes and Overlake Golf Course Amended plat final plat approval Request by Drew Hall, representing the Overlake Development Group, application number , based on the findings listed in the Staff Report dated February 24, 2016: Sample Motion for Denial I move we Deny the Tooele City Reuse Lakes and Overlake Golf Course Amended plat final plat approval Request by Drew Hall, representing the Overlake Development Group application number , based on the following findings: Tooele City Reuse Lakes and Overlake Golf Course Amended plat App. # final plat approval Request 2

33 EXHIBIT A MAPPING PERTINENT TO THE TOOELE CITY REUSE LAKES AND OVERLAKE GOLF COURSE AMENDED PLAT FINAL PLAT APPROVAL

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35 Tooele City Council and Tooele City Redevelopment Agency of Tooele City, Utah Work Session Meeting Minutes Date: Wednesday, February 17, 2016 Time: 5:00 p.m. Place: Tooele City Hall, Large Conference Room 90 North Main St., Tooele, Utah City Council Members Present: Chairman Brad Pratt Dave McCall Steve Pruden Debbie Winn Excused: Scott Wardle City Employees Present: Mayor Patrick Dunlavy Glenn Caldwell, Finance Director Roger Baker, City Attorney Jim Bolser, Community Development and Public Works Director Brian Roth, Parks and Recreation Director Paul Hansen, City Engineer Michelle Pitt, Recorder Rachelle Custer, City Planner Excused: Randy Sant, Redevelopment Agency Director Minutes prepared by Michelle Pitt 1. Open Meeting Chairman Pratt called the meeting to order at 5:00 p.m. 2. Roll Call Brad Pratt, Present Steve Pruden, Present Dave McCall, Present Scott Wardle, Excused Debbie Winn, Present P a g e 1 Tooele City Council February 17, 2016

36 3. Discussion: - Conflicts of Interest Presented by Roger Baker Mr. Baker stated that he learned that the annual audit now requires the City to conduct conflict of interest training every year. Mr. Baker said that although he cannot find that requirement in State statute, he intends to do open meetings and conflict of interest training every January from now on. State law defines business relationships that the Council, Mayor, department heads, every city employee and board members might have. Mr. Baker said that if a Council member had an ownership interest in a business that is regulated by City, for example, then a disclosure statement would need to be filled out describing that interest. Some relationships need to be disclosed in a public meeting. If a business or project is being discussed in a meeting that a Council member has an ownership in, the relationship would need to be disclosed. Mr. Baker included a form in the Council s packet that would need to be filled out in those instances where disclosure needs to be made. The form is to be delivered to the Mayor's office, then stored in the Recorder's office. State statute does not require Council members to recuse themselves, leave the room or not be involved in the discussion. Disclosure generally allows Council members to do their job with the public knowing that they have certain business relationships. Chairman Pratt asked if the form needed to be filled out yearly. Mr. Baker answered that it only has to be disclosed once, but if the nature of the relationship changes, a new disclosure form would be required. Many cities require employees to make disclosures every year. Mr. Baker went on to say that he can't find that requirement in the law, but it may be a good practice. He suggested that every year as it is discussed during training, Council members evaluate whether they fall under this requirement and fill out the form each year, if applicable. - Resolution A Resolution of the Tooele City Council Approving a Real Estate Purchase and Sale Agreement with JTH Properties LLC for the Sale of 9.8 Acres of Property on Vine Street Presented by Roger Baker Mr. Baker stated that the Council already approved the sale of this property. After the public bidding process for the sale of the property, the Council selected John Harris, or JTH Properties as the successful bidder. Every contract approval of this nature is brought before the Council. Mr. Baker said that this agreement specifies that a golf cart path will be preserved and an easement for the golf cart path will be preserved. It also specifies who is going to maintain the golf cart path, that Mr. Harris has to accommodate storm water, and addresses sewer and parking issues. The deed will include that this agreement survives principle of the merger and continues to exist for the property. Councilman Pruden stated that Mr. Harris is anxious to get started on his development. Councilman Pruden asked where the youth garden will go. Mr. Roth stated that the garden fence and shed are already gone. There was a discussion of possible sites for the youth garden. The Mayor stated that it takes time to get a garden area set up. It may take a year to find an appropriate place. P a g e 2 Tooele City Council February 17, 2016

37 - Resolution A Resolution of the Tooele City Council Approving a Contract with MGB+A for Professional Design Services for England Acres Park Presented by Brian Roth Mr. Roth stated that the City is moving forward with plans to do work at England Acres. Impact fees are being used for the design. Mr. Roth explained that the original plan was done fifteen years ago. A lot of things have changed and some needs have changed since then. The City interviewed several architectural firms and selected MGB+A to do the design. Mr. Roth stated that the contract includes: the City s contract form, MGB+A s analysis to put a master plan together for the park, and a tentative schedule. The contract is for $24,700 which includes a $5,000 contract with an outside grant writing firm that will help seek additional funds. This grant writing firm has been successful in obtaining grants for other cities. The Mayor stated that this company has designed seven parks in American Fork, and obtained grant funding. After the master plan, a separate design and engineering document will be done, which may or may not be done with MGB+A. The Mayor stated that all the firms they talked to were good, but this firm has the added grant procurement history. The firm didn't guarantee that they could get the grants, but will seek them. The City is not planning on the grant, but if it comes, it will be extra, and might change how each phase is done. - Short-term Rentals Presented by Steve Pruden Councilman Pruden stated that one of the things that has been brought up by other municipalities, such as Moab and Park City, is a problem with short-term rentals. Short-term rentals is where a resident rents out a bedroom, or other portions of their house. When this happens, there's no health inspection, business license, or documentation taking place. Councilman Pruden said that other communities are grappling with this. There may be residents that rent out portions of their house in subdivisions that are not zoned for that purpose Mr. Baker said that Tooele City has an ordinance that says there can only be one family in a single family home, but technically someone could rent a room to a college student, for example. This is not aggressively enforced, and the City doesn t have a way to look for violators. The ordinance doesn't prevent a family from leaving their house then renting it for short periods of time, but the City hasn't heard of this happening in Tooele City. Ms. Custer stated that there is a bed and breakfast provision in the ordinance. A bed and breakfast is permitted with a conditional use permit, business license, inspections, etc. Councilman Pruden stated that the concern is driven by hotels and motels, and the competition it causes with them. Chairman Pratt said that this may have come up during the Olympics that were held in Salt Lake. Some people were renting out their homes. Councilman Pruden stated that the City needs an ordinance that addresses extremely large gatherings. Chairman Pratt said that he has asked Councilman Wardle to organize a meeting to draft an ordinance that would address that issue. Mr. Baker reminded the Council that when they would like to discuss issues, they should talk with the Chairman about it, and put the item on the P a g e 3 Tooele City Council February 17, 2016

38 agenda. The Council asked if there could be a general discussion item on the agenda so that various topics could be discussed. Often the Council are approached about matters during the week and this would give them the chance to discuss them in a meeting. Mr. Baker answered that they can't. Items need to be noticed on the agenda for the public, except that state law allows such a discussion when the public brings up items in the public comment period. 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 Pruden Aye, and Chairman Pratt Aye. Those in attendance during the closed session were: Glenn Caldwell, Roger Baker, Jim Bolser, Mayor Patrick Dunlavy, Paul Hansen, Brian Roth, Michelle Pitt, Councilwoman Winn, Councilman McCall, Councilman Pruden, and Chairman Pratt. No minutes were taken on these items. 5. Adjourn Councilwoman Winn moved to adjourn the meeting. Councilman Pruden seconded the motion. The vote was as follows: Councilwoman Winn Aye, Councilman McCall Aye, Councilman Pruden Aye, and Chairman Pratt Aye. 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 2nd day of March, 2016 Brad Pratt, Tooele City Council Chair P a g e 4 Tooele City Council February 17, 2016

39 Date: Wednesday, February 17, 2016 Time: 7:00 p.m. Place: Tooele City Hall, Council Chambers 90 North Main Street, Tooele Utah Council Members Present: Brad Pratt, Chairman Steve Pruden Debbie Winn Dave McCall Council Members Excused: Scott Wardle Tooele City Council and Tooele City Redevelopment Agency Business Meeting Minutes City Employees Present: Mayor Patrick Dunlavy Glenn Caldwell, Finance Director Michelle Pitt, City Recorder Chief Ron Kirby, Chief of Police Lisa Carpenter, Deputy Recorder Jim Bolser, Public Works and Community Development Director Paul Hansen, City Engineer Rachelle Custer, City Planner Brian Roth, Parks & Recreation Director Heidi Peterson, Communities That Care Director City Employees Excused: Roger Baker, City Attorney Minutes prepared by Lisa Carpenter Chairman Pratt called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance The Pledge of Allegiance was led by Ray Ashby who is currently on the Tooele City Library Board. 2. Roll Call Brad Pratt, Present

40 Dave McCall, Present Steve Pruden, Present Debbie Winn, Present Scott Wardle, Excused 3. Mayor s Youth Recognition Awards Presented by Mayor Patrick Dunlavy, Heidi Peterson and Chief Ron Kirby Mayor Dunlavy thanked all those for being there who have come to support these students. He mentioned a lot of business is conducted in the Council Room that effects everyone present; either directly or indirectly. Those items are important when you are talking about money and all of those other items: taxes, safety, roads. But he wanted to express that this is the most important thing we get to do. That is why it is first, is that it is the most important! As the elected Mayor representing an elected City Council, we are here tonight to acknowledge, pay tribute to, and honor these young people by saying, Way to go, to some very important youth. There is nothing more important than supporting our youth and letting them know how important they are. Saying it publicly. By elected officials that are here to represent you and make decisions for you. The decisions that are most important to us are saying to these young people how proud we are of them. So thank you for the opportunity and the honor we have to honor them. He introduced Heidi Peterson, Communities that Care, Director. She will explain what how this acknowledgement ceremony will go. I ve also asked Police Chief Ron Kirby to be with us. His officers are involved with your youth often in the schools. They teach some very valuable skills that your young people need in today s world. With all of the peer pressure and the things they are going through as far as things they need help and support with. We think the world of our officers and appreciate their involvement in all they do. With that being said let s have Heidi explain what s going to happen. Ms. Peterson thanked everyone for coming and supporting these students. Ms. Peterson mentioned how fortunate they are to having amazing youth She mentioned that there are three programs that the Communities that Care program offers in the community which are; 1) Guiding Good Choices which is a family program, 2) QPR, which is a new suicide prevention program, and 3) Second Step program which is in the elementary and secondary schools. She encouraged anyone interested in the Guiding Good Choices Program or QPR to contact her. Kids need recognition as they are the, Cream of the crop! She explained that the students receiving this award will receive a backpack filled with donations from various businesses in the community and she thanked those local businesses for their donations. She thanked the Tooele School District and the teachers for their support of the Communities of Care program in the schools. She also thanked the Police Department for their role in this program. Ms. Peterson then presented the Mayor s Community Recognition Awards to the following students: Katelyn Chipman, Clarke N. Johnsen Junior High Emily McBride, Clarke N. Johnsen Junior High Sadee Thomas, Tooele Junior High School 2 P a g e T o o e l e C i t y C o u n c i l 0 2 / 1 7 / 1 6

41 Tyler Stewart, Tooele Junior High School Austin Birch, Stansbury High School Hannah Bromley, Stansbury High School Brenda Nunez, Tooele High School Ms. Peterson congratulated the students and thanked them for their efforts. As you can see they are tremendous young people! Mayor Dunlavy mentioned that he has become very aware not only of the ceremonial part but of what is actually said about these young people. And I can tell you that they touch you. These are special young people who don t hold back, they don t step back, they step forward! I can see why they are successful. I can understand who they are going to become! We appreciate the opportunity to thank them so much for who they are. Let s have a last round of applause as he asked the recipients of this award to stand and he recognized them again for receiving this award. Mayor Dunlavy pointed out that the groups are really great but this may be the best looking group so far! Thank you for who you are and who you will become. Thank you for being so special. Thank you for the opportunity for letting us say that to you directly. He also thanked their families for their support. We can see why they are so successful and being a part of their lives. He challenged the brothers and sisters of this group to try to receive this award, as well. Please take your certificate out of your bag. Let s take a break and go take a picture that will go in the Tooele Transcript for all to see! Thank you again, for this opportunity! A brief recess was taken for a picture with the Mayor, the Council and the recipients of this award. 4. Public Comment Period Chairman Pratt opened the public comment period to anyone who would like to come forward and address the Council. Chairman Pratt stated that those that address the Council to please state their name clearly and to limit their comments to 3 minutes. Shirley Beagley asked, from her seat, about the list of street lights that need to be fixed. Councilman Pruden said they have already inventoried a list as to the street lights that need repaired. Chairman Pratt closed the public comment period at 7:32 p.m. 5. Resolution A Resolution of the Tooele City Council Approving a Real Estate Purchase and Sale Agreement with JTH Properties LLC for the Sale of 9.8 Acres of Property on Vine Street Presented by Paul Hansen Mr. Hansen responded to Chairman Pratt as stating the parameters fairly. For the audience, in September of 2015, the Council approved Resolution 2015 which approved the sale of this 3 P a g e T o o e l e C i t y C o u n c i l 0 2 / 1 7 / 1 6

42 property. The property was put out for offers and the bid that was selected was with JTH Properties, LLC, in the amount of $30,000, per acre. This agreement would allow that sale to be finalized. The value of the contract would be just under $300,000 at $294,000. Councilman Pruden moved to approve Resolution Councilwoman Winn seconded the motion. The vote was as follows: Councilman McCall, Aye, Councilwoman Winn, Aye, Councilman Pruden, Aye, and Chairman Pratt, Aye. 6. Resolution A Resolution of the Tooele City Council Approving a Contract with MGB+A for Professional Design Services for England Acres Park Presented by Brian Roth Mr. Roth presented the Resolution for the contract to do work on England Acres Park. We wanted to start with a Master Plan. So we ve selected this landscaping company to develop a Master Plan for the park. We are now bringing this for your approval. Councilman McCall moved to approve Resolution Councilwoman Winn seconded the motion. The vote was as follows: Councilman Pruden, Aye, Councilwoman Winn, Aye, Councilman McCall, Aye, and Chairman Pratt, Aye. 7. Resolution A Resolution of the Tooele City Council Amending the Tooele City Fee Schedule for Pratt Aquatic Center Fees Presented by Brian Roth Mr. Roth stated that he is presenting a fee request, as the aquatic center has been in operation for 13 years. We have gone through the honeymoon period, so to speak. We are starting to have wear and tear along with some issues that we need to start repairing as well as the general cost of operating. It has been 16 to 18+ years since the last increase. We need to generate more funds to keep up with operations and to start being able to take care of these repairs on the facility. Councilman Pruden asked for an explanation of the fee increase. Mr. Roth answered that basically there is a $1 per entrant: youth, students, adults are all priced differently, but basically $1 on each. Then proportionately with the season long passes are going up along the same percentage. Councilman Pruden then mentioned that statewide, Tooele City was currently on the low end as far as fees. Mr. Roth confirmed that there was maybe one other City that was lower on fees. Even bumping our fees up, we are still on the mid-range of fees, for a facility like ours. Chairman Pratt asked, again, that is has been 16 to 18 years? 4 P a g e T o o e l e C i t y C o u n c i l 0 2 / 1 7 / 1 6

43 Mr. Roth confirmed that It had been since the late 90 s since that last increase. Councilwoman Winn moved to approve Resolution Councilman Pruden seconded the motion. The vote was as follows: Councilman Pruden, Aye, Councilwoman Winn, Aye, Councilman McCall, Aye, and Chairman Pratt, Aye. 8. PUBLIC HEARING & MOTION on Ordinance An Ordinance of Tooele City Amending the Tooele City Zoning Map for Property Located Near 10 East 2000 North Presented by Jim Bolser Mr. Bolser presented a request for a Zoning Map amendment. The property located near 10 East and 2000 North, is the property in question. The property is formerly known as Fantastic Plastic. In 2003 the Gateway Overlay District was established and changed the Zoning Map for this area from Light Industrial (LI) to General Commercial (GC). Slowly, these property owners have come in and applied to re-establish the property as an LI zone. The property is for sale and the applicant, Mr. Smart, has requested returning it to LI. They have an established manufacturing use. There is also a new manufacturing use that is desiring to go into that area, necessitating the re-zone for the continuation of the use. The Planning Commission has heard their request, held a public hearing, and has forwarded a unanimous positive recommendation for the Council s consideration. Chairman Pratt opened the Public Hearing. Neil Smart, Jr., of 456 Country Club, Stansbury Park, Utah, addressed the Council asking if the property was indeed approved to return to the Light Industrial Zone? Councilman McCall moved to approve Ordinance Councilwoman Winn seconded the motion. The vote was as follows: Councilman McCall, Aye, Councilwoman Winn, Aye, Councilman Pruden, Aye, and Chairman Pratt, Aye. 9. Minutes: February 3, 2016 Councilman Pruden moved approve the minutes from the February 3, 2016 meeting as presented. Councilwoman Winn seconded the motion. The vote was as follows: Councilman Pruden, Aye, Councilwoman Winn, Aye, Councilman McCall, Aye, and Chairman Pratt, Aye. 10. Invoices There were none to present. 11. Adjourn 5 P a g e T o o e l e C i t y C o u n c i l 0 2 / 1 7 / 1 6

44 Councilman Pruden moved to adjourn the meeting. Councilwoman Winn seconded the motion. The vote was as follows: Councilman Pruden, Aye, Councilwoman Winn, Aye, Councilman McCall, Aye, and Chairman Pratt, Aye. The meeting adjourned at 7:42 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 2 nd day of March 2016 Brad Pratt, Chairman Tooele City Council 6 P a g e T o o e l e C i t y C o u n c i l 0 2 / 1 7 / 1 6