ADMINISTRATIVE SESSION 1. 2. 3. · R. Kent Henderson Jeff Turner City Manager Kyle Laws West Point...

WEST POINT CITY COUNCIL NOTICE & AGENDA

West Point City Hall 3200 West 300 North

West Point City, UT 84015 December 5, 2017

ADMINISTRATIVE SESSION

6:00 PM (Board Room)

1. Discussion Regarding Proposed Code Change for Allowable Fencing Materials – Mr. Boyd Davis

2. Discussion Regarding the Land Drain for the Craythorne Homestead Subdivision – Mr. Boyd Davis

3. Other Items

GENERAL SESSION

7:00 PM (Council Chambers)

1. Call to Order

2. Pledge of Allegiance

3. Prayer (Please contact the City Recorder to request meeting participation by offering a prayer or inspirational thought)

4. Communications and Disclosures from City Council and Mayor

5. Communications from Staff

6. Citizen Comment Follow-Up – Mr. Kyle Laws

7. Citizen Comment (If you wish to make comment to the Council, please use the podium and clearly state your name and

address, keeping your comments to a maximum of 2 ½ minutes. Please do not repeat positions already stated. Public comment is a time for the Council to receive new information and perspectives)

8. Consideration of Approval of Minutes from the November 21, 2017 City Council Meeting

9. Consideration of Ordinance No. 12-05-2017A, Amending Section 18.15.030(B) of the West Point City Code Regarding Tree Trimming Regulations – Mr. Boyd Davis

a. Public Hearing

b. Action

10. Consideration of Approval of Ordinance No. 12-05-2017B, Amending Section 17.25.080 of the West Point City Code Regarding Land Use Regulations for Accessory Buildings – Mr. Boyd Davis

a. Public Hearing

b. Action

11. Consideration of Approval of Ordinance No. 12-05-2017C, Amending Sections 17.10.020 and 17.80.260 of the West Point City Code Regarding Residential Landscaping Requirements – Mr. Boyd Davis

a. Public Hearing

b. Action

12. Motion to Adjourn General Session

Posted this 30th day of November, 2017 ___________________________________ CASEY ARNOLD, CITY RECORDER If you plan to attend this meeting and, due to disability, will need assistance in understanding or participating therein, please notify the City at least twenty-four (24) hours prior to the meeting and we will seek to provide assistance.

Mayor

Erik Craythorne

Council

Gary Petersen, Mayor Pro

Tem

Jerry Chatterton

Andy Dawson

R. Kent Henderson

Jeff Turner

City Manager

Kyle Laws

West Point City Council 1 December 5, 2017

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Date: 12/19/2017

Administrative Session – 6:00 pm

1. FY2017 Audit Presentation – Mr. Ryan Harvey 2. Discussion Regarding Proposed Changes to Driveway

Width Requirements – Mr. Boyd Davis

General Session – 7:00 pm

1. Citizen Comment Follow‐up – Mr. Kyle Laws

2. Consideration of Approval of the FY2017 Audit – Mr.

Ryan Harvey

3. Reappoint Planning Commissioners – Mayor Erik

Craythorne

4. Consideration of Approval of Ordinance No. 12‐19‐

2017A, Modifying Section 17.80.170 of the West Point

City Code Regarding Allowable Fence Materials

a. Public Hearing

b. Action

Date: 1/02/2018


1. Code Enforcement Update – Mr. Bruce Dopp



2. Youth Council Update

Date: 1/16/2018




Date: 2/6/2018


1. Quarterly Financial Report – Mr. Ryan Harvey



2. Youth Council Update

IMPENDING ITEMS

Administrative Session

1. Discussion of Street Light Replacement – Mr. Kyle Laws

2. Discussion Regarding Updating the Code Enforcement

Policy – Mr. Boyd Davis

3. Building Rental Fees & Policy – Mr. Kyle Laws

4. Discussion of Pheasant Creek Property/Park – Mr. Kyle

Laws

5. Consideration of Approval of the Payback Agreement for

the Homewood Subdivision – Mr. Boyd Davis

6. Consideration of Final Approval of the Mackay

Subdivision– Mr. Boyd Davis

7. Consideration of Approval of Release of Warranty for the

Bartholomew Lane Subdivision Phase 3 – Mr. Boyd Davis

General Session

1. Consideration of Final Approval for the Removal of an Abandoned Home at 4096 W 1300 N – Mr. Boyd Davis

CDRA

1. Resolution Amending the Interlocal Agreement Between

the CDRA of West Point and West Point City – Mr. Randy

Sant

TENTATIVE UPCOMING ITEMS


West Point City 2017 - 2018 Calendar

04-13-2017

2017 November 7 Election Day 9 Planning Commission-7pm

10 Veteran's Day-Closed 11 Flags on Veteran's Graves YC 20 Senior Lunch-11:30am 21 City Council-7pm 23-24 Thanksgiving-Closed December 1 Christmas Party-7pm

4 City Hall Lighting Ceremony-6:00 pm 5 City Council-7pm 6 Cemetery Lighting Vigil-7pm

14 Planning Commission-7pm 18 Senior Lunch-11:30am

19 City Council-7pm 22 Cemetery Luminary-4pm 25-26 Christmas-Closed

2018 January 1 New Year’s Day-Closed

8 Senior Lunch-11:30am 11 Planning Commission-7pm 15 Martin Luther King Day-Closed 16 City Council-7pm 25 Planning Commission-7pm 26-27 Council Retreat

February 6 City Council-7pm

8 Planning Commission-7pm 12 Senior Lunch-11:30am

19 Presidents Day-Closed 20 City Council-7pm 22 Planning Commission-7pm

28 Council/Staff Lunch-11:30am March 6 City Council-7pm 8 Planning Commission-7pm

19 Senior Lunch-11:30am 20 City Council-7pm

22 Planning Commission-7pm 31 Easter Egg Hunt-10am

April 3 City Council-7pm 12 Planning Commission-7pm

16 Senior Lunch-11:30am 17 City Council-7pm

26 Planning Commission-7pm May 1 City Council-7pm 3 Cemetery Cleaning 10 Planning Commission-7pm

12 Take Pride Day 15 City Council-7pm 21 Senior Lunch-11:30am

24 Planning Commission-7pm 28 Memorial Day-Closed 30 Council/Staff Lunch-11:30am

June 5 City Council-7pm

9 Miss West Point Pageant SHS-7pm 14 Planning Commission-7pm 18 Senior Lunch-11:30am

19 City Council-7pm 28 Planning Commission-7pm


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Subject: Fence Materials Author: Boyd Davis Department: Community Development Date: December 5, 2017

Background

At a previous council meeting, a concern was raised about appropriate fencing materials for front

yards in residential zones. The concern came after a resident installed makeshift chicken wire

fence to contain dogs in their front yard. The Council asked that the Planning Commission review

the issue and make a recommendation. This report includes their proposal.

Analysis

After much discussion, the Planning Commission settled on the following proposal to be added to

City Code:

17.80.170 Fence.

A tangible barrier or obstruction of any material with the purpose or intent or having the

effect of preventing passage or view across the fence line. It includes hedges and walls.

Agricultural fencing will not be allowed in the front yard, side or rear yard that face a public

street in any residential zones. Agricultural fencing includes rope; string; wire product

including but not limited to chicken wire, hog wire, wire fabric, and similar welded or woven

wire fabrics; chain; netting; unapproved corrugated metal panels; galvanized sheet metal;

plywood; fiberglass panels in any fence or any other materials that are not manufactured

specifically as fencing materials. Exceptions may be granted by the Planning Commission.

Recommendation

No action required. This is for discussion only.

Significant Impacts

None

Attachments

None

City Council Staff Report



1

Subject: Craythorne Homestead Land Drain Author: Boyd Davis Department: Community Development Date: December 5, 2017

Background

The Craythorne Homestead Subdivision was recently approved by the City and the project is under

construction. At the pre-construction meeting, John Diamond raised a concern that had not been

considered earlier. The land drain system that is planned as part of the subdivision will discharge

into a channel that flows across John’s property. He is concerned about the maintenance of the

channel and has asked that the City consider entering into an agreement.

Analysis

This issue was discussed at a previous meeting, but there were no decisions made nor was there

any clear direction in regards to the land drain or an agreement with John Diamond. Because the

land owner’s have contacted the City, Staff felt that it warranted more discussion time.

Upon completing the construction of the subdivision, and after the proper warranty period, the City

will become the owner of the land drain, if it is installed, and will assume all maintenance

responsibilities.

An agreement has been drafted for your consideration (see attached). It is a simple agreement

stating that the City would maintain the channel to repair any damage caused by water from the

land drain. However, this does not mean that Staff is in favor of the agreement.

The Council also asked if John Diamond has the right to stop the water from flowing into the

channel and if the channel is a “public” channel. The answers to these questions are still not clear,

but John Diamond’s property could be impacted by the channel. There is no other entity that has

stepped up to maintain the channel. The City could agree to maintain the channel, if the Council felt

it was appropriate to do so. However, the costs and benefits should be considered.

As we understand this, there is no longer much interest from the land owner or the developer to

enter into an agreement with Mr. Diamond. They do not believe it is necessary and are worried

about negative repercussions down the road with his involvement in the project. As a result, the

question at hand is this, “Is the City willing to allow the land drain to be installed without an

agreement with Mr. Diamond?”

Staff does not believe this would be wise as it could open the door to legal issues and liability down

the road. With unanswered questions still on the table, particularly relating to whether or not Mr.

Diamond has a legal right to stop water from flowing in the channel, staff does not support the

decision to move forward without an agreement. It is also the opinion of staff that it may not be

worth the City’s time, effort, and money to obtain a legal opinion, as it doesn’t matter one way or

another if a land drain exists for the project. If a land drain is to be installed, the City would want



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knowledge of the legality of the land drain before signing off, but Staff is of the opinion that those

questions should be resolved by either the developer or the land owner. It would also be advisable

to require the developer to obtain an easement for the land drain pipe that would be transferred to

the City. This would ensure the City would have the legal right to maintain the pipe and allow the

water to flow.

Recommendation

No action required. This is for discussion only.

Significant Impacts

None

Attachments

Agreement


1

AGREEMENT FOR MAINTENANCE OF AN OPEN DITCH

ON PROPERTY OWNED BY DIAMOND RANCHES LLC IN DAVIS COUNTY, UTAH

This agreement is made and entered into this ___ day of _________, 20__ by and

between WEST POINT CITY, a political subdivision of the State of Utah, which shall be called

the “CITY” in this agreement, DIAMOND RANCHES, LLC a Utah Corporation of 3269 WEST

1800 NORTH, Clinton, Utah, which shall be called “DIAMOND” in this agreement.

This agreement is made and entered into by and between the parties based upon the

following recitals:

RECITALS

A. West City has granted approval for a subdivision known as “Craythorne

Homestead Ph. 1”.

B. The developer of said subdivision intends to install a land drain system that will

serve the lot owners of the subdivision. See Exhibit B

C. The land drain flows to the west of the subdivision eventually discharging into a

natural channel that crosses Diamond’s property.

D. Diamond is concerned about the water flowing across their property and the

potential for flooding due to lack of maintenance of the channel.

E. Upon recording the plat and after proper construction, inspection, and warranty,

West Point City will become the owner of said land drain system and will assume

all maintenance responsibilities.

F. The developer has agreed to do some initial maintenance of the channel prior to

the construction of homes in the subdivision.

G. The City is willing to enter into an agreement to accept long term maintenance of

the channel for any damage directly related to water flowing from the land drain

system.

H. There are other waters, other than the land drain system, that enter the drainage

channel.

I. The parties named herein mutually desire to reach an agreement that will detail

the long term maintenance of the channel.

NOW, THEREFORE, for and in consideration of the promises, covenants and conditions

set forth herein and other good and valuable consideration it is mutually agreed between the parties

as follows:


2

AGREEMENT

1. The City agrees that upon recording the plat and after construction, inspection, and after

the warranty period has concluded, the City will accept ownership of the land drain system

and assume maintenance responsibilities.

2. The City agrees to inspect the natural channel on a routine basis to determine the condition

of the channel.

3. Diamond agrees to give timely notification of any damage or deterioration of the channel

that is caused by the water discharged from the land drain system.

4. The City agrees to maintain the channel on a routine basis, or as requested by Diamond

and after proper inspection.

5. Diamond agrees to allow the water from the land drain to flow into the channel.

6. Diamond agrees to not take any action to prevent the flow of water from the land drain.


3

IN WITNESS WHEREOF, the parties have caused this agreement to be executed in

duplicate, each of which shall be deemed an original, on the dates indicated by the signatures of

the respective parties.

WEST POINT CITY

By:_____________________________________

Mayor Pro-Temp

ATTEST:

_____________________________________

City Recorder

DIAMOND RANCHES, LLC

By:______________________________________

ATTEST:

_____________________________________


4

STATE OF UTAH ) : ss. COUNTY OF DAVIS ) On the _____ day of __________, 20___, personally appeared before me

________________________ and ________________________, who being by me duly sworn did say, each

for himself and herself that they, the said __________________ is the Mayor Pro-Temp of West

Point City, Davis County, State of Utah and that she, the said ____________________, is the City

Recorder of West Point City, and that the within and foregoing instrument was signed on

behalf of the said West Point City by authority of the City Council of West Point City and said

___________________ and ___________________, each duly acknowledged to me that the said West

Point City executed the same and that the seal affixed is the seal of the said West Point City.

_________________________ NOTARY PUBLIC (SEAL)

STATE OF UTAH )

( ss.

COUNTY OF DAVIS )

On the ______ day of ________, 20___ personally appeared before me

_________________________, the signer of the foregoing Agreement on behalf of DIAMOND

RANCHES, LLC, who duly acknowledge to me that he executed the same.

_____________________________

NOTARY PUBLIC

(SEAL)


5

Exhibit A



West Point City Council Meeting

3200 West 300 North West Point City, UT 84015

November 21, 2017

Administrative Session 6:00 pm – Board Room

Minutes for the West Point City Council Administrative Session held at West Point City Hall, 3200 West 300 North, West Point City, Utah 84015 on November 21, 2017 at 6:00 pm with Mayor Erik Craythorne presiding. MAYOR AND COUNCIL MEMBERS PRESENT: Mayor Erik Craythorne, Council Member Kent Henderson, Council Member Andy Dawson, Council Member Gary Petersen, Council Member Jeff Turner, and Council Member Jerry Chatterton EXCUSED: Council Member Dawson was excused for the first part of the meeting, and was present for discussion items 4 through 8. CITY EMPLOYEES PRESENT: Kyle Laws, City Manager; Boyd Davis, Assistant City Manager; Ryan Harvey, Administrative Services Director; Paul Rochell, Public Works Director; and Casey Arnold, City Recorder EXCUSED: None VISITORS: Jason Caldwell, Rob Ortega, Reed Child, and Clair Hamblin

1. Quarterly Financial Report – Mr. Ryan Harvey

Mr. Harvey stated that with 25% of the fiscal year passed as of September 30, 2017, all Funds are above projected revenues and expenditures are below budget for the year elapsed thus far, except for the Capital Projects Fund which receives its transfer revenue at the end of the fiscal year. Mr. Harvey supplied the Council with graphs demonstrating Revenues and Expenditures which the Council reviewed, and were satisfied that all Funds were within budget. This item requires no action; it is for discussion purposes only. The Council thanked Mr. Harvey for his report.

2. Discussion Regarding West Point City Council Meeting Schedule for Calendar Year 2018 – Mrs. Casey Arnold Mrs. Arnold explained the Council’s meeting schedule must be passed by ordinance each year. The Council typically meets the first and third Tuesday of each month, and the 2018 follows that schedule with a few exceptions due to holidays and election date. As the January 2nd meeting is proposed to be cancelled due to the holiday season and resulting lack of time for Staff to prepare for the meeting, and the close proximity of the January 16th meeting and 26th-27th Council Retreat, Mr. Laws inquired if the Council would like to cancel the meeting on the 16th and meet on Tuesday, January 9th instead. A few of the Council Members had conflicts on that date, and agreed to leave the meeting set for January 16th. The Council was in approval of the proposed Meeting Schedule and would take action on the Ordinance in tonight’s General Session.

3. Discussion Regarding Health Insurance Renewal – Mr. Kyle Laws Mr. Laws stated that the City’s health insurance plan is renewable each January, and open enrollment was scheduled for November 29th. Currently, the City’s provider is PEHP and is a high-deductible plan of $2,500 for a single and $5,000 per family, with a Health Savings Account (HSA). The current premium share with employees is 90/10, with the City paying 90% and the employee paying 10%. The City also contributes $5,000 per year to employees with family

Mayor

Erik Craythorne

Council

Gary Petersen, Mayor Pro Tem

Jerry Chatterton

Andy Dawson

R. Kent Henderson

Jeffrey Turner

City Manager

Kyle Laws


coverage and $2,500 per year for individual coverage to the employees’ HSA. The renewal price from PEHP is an increase of 7%; the City budgets for a 12% increase so the impact to the City budget is significantly less than what was budgeted. Having seen the results from bidding out the insurance (bids given to the Council for review), and those significant changes to the current plan to get a smaller increase, Mr. Laws recommends accepting the 7% increase and continuing with the current PEHP plan. Mr. Laws thanked the Council on behalf of Staff and himself for the rich benefit that the Council approves for the City’s employees. The Council agreed with Mr. Laws’ recommendation and had no further discussion.

4. Discussion Regarding Changes to Residential Landscaping Requirements – Mr. Boyd Davis

Mr. Davis informed the Council that the Planning Commission has discussed the current residential landscaping requirements and has prepared a recommendation to modify the current Code. The current language has come under review due to a resident on 2000 W that has completely tore out his lawn and replaced with gray gravel; Staff’s efforts to get the resident to landscape his property according to the code have failed; the City’s attorney was consulted and he did not feel that the City’s current Code is specific enough to enforce. The Planning Commission had in-depth discussions on this issue and Mr. Davis reviewed the following proposed language:

17.10.020 Definitions: "Landscaping" means the structured installation of living materials (i.e., lawn, ground cover, annual and perennial flowering plants, vines, shrubs, and trees) and may include non-living materials. The use of water (i.e., pools, fountains, falls, and streams) and sculptures are also included as landscape design materials. 17.80.260 Residential landscaping requirements. Landscaping on residential lots shall comply with the following standards: A. Landscaping shall be installed in front yards on the entire width of the lot including park-strips and excluding

the driveway. On corner lots, landscaping shall be installed in all areas between the side line of the house between the front property line and the rear property line which are visible from the public right-of-way.

B. Landscaping shall include a combination of lawn, shrubs, ground cover, and/or trees. Ground cover may include vegetative vines, low-spreading shrubs, or annual or perennial flowering or foliage plants. Ground cover may also include mineral or nonliving organic permeable material. Mineral ground cover may include such materials as rocks, boulders, gravel, or brick over sand. Species, size, and placement of landscape elements shall be determined by the homeowner.

C. Residential dwelling lots shall have no more than thirty percent (30%) of ground cover (excluding driveways and lawn).

D. On lots over one-half acre in size, landscaping shall only be required on one hundred feet (100 feet) of street frontage to the depth of the front yard setback.

E. Said landscaping shall be completed within one year from the date of occupancy of the residence. [Code 2000 § 17-22-26].

F. If more than thirty percent (30%) ground cover is desired (excluding driveways and lawn), approval must be given by the Planning Commission. If the applicant does not agree with the commission’s decision, the applicant can appeal to the City Council.

The major changes include a definition of “landscaping”, as well as the addition of item C, which states that “residential dwelling lots shall have no more than thirty percent (30%) of ground cover (excluding driveways and lawn).” Mr. Davis stated that as there are homes in the City, using a property in Wise Country Meadows as an example, that have over 30% ground cover that are well-designed and “look fantastic”, the Planning Commission also added item F, which states that “If more than thirty 30% ground cover is desired (excluding driveways and lawn), approval must be given by the Planning Commission. If the applicant does not agree with the Commission’s decision, the applicant can appeal to


the City Council.” Council Member Dawson inquired as to the exclusion of “lawn” in these two items and Mr. Davis stated that lawn is excluded as it is not considered “ground cover”. Council Member Dawson inquired as to whether the resident on 2000 W would be required to adhere to this code; Mr. Davis stated that in discussions with the City Attorney, it was unclear whether this property would be grandfathered in under the current Code. However, Mr. Davis felt that the argument could be made that because the landscaping was completely removed, it could be considered as “starting over” and have to follow the new language (if approved). If an old house was torn down and a new home rebuilt, the new home would have to follow current Code and this could be considered a similar situation. Mr. Davis stated that Mr. Laws has asked that the current driveway requirements be reviewed as well, as there does not appear to be language requiring driveways on properties. Council Member Chatterton asked what the City’s recourse is when homes do not comply with the Code; Mr. Davis stated that the City can issue citations, but most residents do comply. Council Member Dawson stated that the proposed language gives a time period requirement of one-year for new homes, but there are residents that have torn-out or prepared to make landscaping changes that have not been completed for an extended period. The Council agreed to add language to item E to include modifications that require “removal of landscaping” must also be completed within one-year. The Council will vote to approve the new language in the next City Council meeting after the proper public notice.

5. Discussion Regarding Changes to Business Licenses for Home Based Businesses – Mr. Boyd Davis The State Legislature passed a bill in the last legislative session that prohibits cities from charging business license fees for home-based businesses, except under special circumstances. Mr. Davis stated that the City has stopped charging business license fees to be in compliance with this new law, but the fee schedule must be adjusted to reflect the change. There is an exception in the law that does exclude businesses wherein the “offsite impact of the home-based business and the primary residential use materially exceeds the offsite impact of the primary residential use alone”, which allows a city to charge a fee if a business falls under this description. Mr. Davis explained there are a few current businesses that could still be charged a license fee under this language like preschools, day cares, etc. Mr. Davis stated that with this change to State Code, Staff has discussed whether any of the City’s business license process should be changed, as some cities have done away with home business licenses all together. Staff does not want to do this, but there may be some ways to streamline the current process. Mr. Davis noted that no action is needed by the Council at this time in regards to the change in business license fees that the City has implemented to comply with the new State Code, however, there was a citizen comment at a previous meeting requesting a change in the City’s Code, and the Council may want to consider her request. The resident stated that her daughter was denied a business license because the daughter herself was not a resident, but wished to run the business out of her mother’s home in West Point. Staff proposes considering the following language to modify the Code:

17.50.060 B. The owner of the home occupation business must reside in the dwelling, or be an immediate family member of the resident of the home, i.e. mother, father, son, daughter.

Mayor Craythorne commented that most of the home-based businesses in the City have little to no impact, and does not believe that this addition would also not be a significant impact to the City. Council Member Petersen stated that this language would most likely work, as any businesses that would have a high impact still have to receive a Conditional Use Permit from the Planning Commission and this language, if it applied, would be regulated in that process. The Council agreed to consider this change after the Planning Commission had their discussion and proposed a recommendation.


6. Discussion Regarding the 650 N Project and Agreement Regarding Curb, Gutter, and Sidewalk – Mr. Boyd Davis

Mayor Craythorne noted that this project has received significant attention in the last few weeks, and there are “more questions than answers”; the full project is well over budget, and other options to bring the project within budget may or may not be satisfactory to the City and the affected residents. Mr. Davis explained that the full project is more than $500,000 over budget. Since the last time the Council met, proof of an agreement that was only rumored to have existed was found; the agreement was between the City and the developer of this subdivision, Arnold Bingham, and deeded 10 acres of ground to the City to be used for a park space in exchange for not requiring curb, gutter, and sidewalk in the development. The Board of Adjustments approved the agreement (a copy of which was provided to the Council) on June 16, 1987. Staff has also heard that a petition was also sent around to residents in the subdivision stating that residents were not willing to monetarily contribute to the cost of curb and sidewalk. This petition is a result of a suggestion in a previous City Council meeting that residents be surveyed about their willingness to potentially contribute. Council Member Petersen also sent a letter to the residents detailing the issues with the project. Mayor Craythorne stated that with the budget issues, residents’ lack of support, and all of the unknowns of whether the project can be done to resolve the existing problems, it may be best to postpone the entire project indefinitely. Mr. Laws agreed and stated that in reviewing the entire budget in preparation for the next fiscal year, there are other projects that are high-priority for the coming fiscal year that have funding deadlines, such as grants that must be used. Mr. Laws felt that there may be still some value in doing an open-ended resident survey to gather information on residents’ suggestions and areas of concern. Staff also went to the area after the recent rainstorm and were able to take a video that demonstrates the drainage issues that exist. The Mayor stated that if the City is going to spend such a large amount on this project, it needs to adequately resolve the issues and “be done right.” Council Member Dawson questioned why the Board of Adjustments was used in this situation, and the Mayor commented that the Board should normally only be used in situations of hardship or other similar circumstances, and this was not an issue of hardship. Though things were likely handled differently 30 years ago, the Mayor does not remember a situation that would require involving the B of A in his roughly 15 years of serving the City. Council Member Dawson inquired as to whether this agreement could actually be relied upon to relieve the City of any obligation to provide the curb, gutter, and sidewalk. The Mayor felt that the agreement as stated is pretty clear, and should serve as adequate proof of a contract and that the City was duly compensated in the exchange. Council Member Petersen, as a resident in this subdivision, stated that his concern is that the drainage and road problems would not be adequately resolved if the full project was not completed, and the City simply does not have the funds to do so at this time. Mr. Davis commented that Staff has felt that it has had to propose sub-par options to bring the project within budget, and agrees that they most likely would not solve the problems that exist. The Council was in agreeance of postponing making any decisions on this project until a later time when it can be sure that the project could be done satisfactorily.

7. Discussion Regarding Splash Park Design – Mr. Kyle Laws Mr. Laws informed the Council that Staff has been meeting with Taft Egan of Big T Recreation concerning the design of the new splash park at the Loy Blake Park expansion area. Mayor Craythorne stated that the Council now needs to discuss the priority of and timeline for the project, location, and design. Mr. Laws reviewed that the bid has been awarded for the dirt work on the whole site, which includes leveling the soccer field area and building up the berms for the walking trail. Mr. Davis is also working on the landscape bid for the sprinkler system, secondary water irrigation, and grass seeding the property. The budget for the Splash Park Project is $350,000; the Splash Park itself given $250,000 of that and the remaining $100,000 to fund a new restroom. Mr. Laws presented the proposed design, which is about 70 ft. in diameter and would fit in the east side of the new parking lot. The bid for the cost of this design is $252,000, and would follow a timeline of the design being finalized beginning of December 2017, installation beginning in March and be completed


by the end of May, 2017. Mr. Laws noted that sod would be laid around the pad and on the path to the restroom, and the rest of the park would be roped off and seeded. Mayor Craythorne suggested reaching out to surrounding cities that have installed splash pads to gather input on their recommendations and what they would have done differently. Mr. Laws stated that the one thing he has heard from cities is that if they were to do one thing different, it would be to make it larger; however, Mr. Laws felt that this proposed size is adequate. Council Member Dawson commented that the features “look sparse”, and Mr. Laws stated the design maximizes play value rather than number of features to most efficiently use the budget. Council Member Petersen commented that it looks like a “good mix” of features for both young toddlers and older kids. Mr. Laws noted that based on Mr. Egan’s experience, the low-ground features are well liked, easy to maintain, and are simple to winterize. Mr. Laws visited Riverton, Cottonwood Heights, and South Jordan to view their splash parks and they all contained low-ground water features. The risk for vandalism also increases with the above ground features. The programmability of the system is an important design aspect, and Mr. Laws explained that it allows customizable hours that the splash park can be activated and time intervals for the features to be running once started, which helps in conserving water. Mayor Craythorne asked Mrs. Arnold for her opinion as a mother, and she stated that she liked the proposed design because it is spread out, with lots of little features; in her experience, the older kids tend to crowd around the above ground areas and pushout the younger kids. She also liked that there is high visibility around and through the pad which will make it easier for parents to locate their children. Mayor Craythorne asked for the Council’s comments on the timeline for the project and whether Spring of 2018 was a desired completion date, or if the project should be delayed to another year. Council Member Chatterton stated that the last restroom built cost roughly $175,000, but would like the restroom completion to coincide with the splash park opening. Mr. Laws stated that Staff agrees, and the park would not be opened until a restroom was complete. Staff is currently working on bids for the restroom. The Council also stated that area lighting needs to be considered for safety. Mr. Laws stated that the Park would use about 30,000 gallons of water a day, which is about 12 acre-feet per year. The actual usage will depend on how the activation and interval settings are programmed. Mr. Davis stated that the City currently contracts for 700 acre-feet per year with Weber Basin Water and only uses about 600 acre-feet, which is paid for whether or not it is used. Council Member Henderson stated that the new playground sees very high resident use and believes that the Splash Park will be popular as well. Mr. Laws asked if this was a good location for the pad, since it is far from the playground and will also draw people away from the main areas for the 4th of July celebrations. Council Member Henderson felt that kids could run from the playground to the splash pad and spread bark between the two which could become an issue. Council Member Petersen commented that it could be a “huge stretch” for the City’s budget to complete both the Splash Park and restroom at the same time. The Council will consider the information provided and discuss the project at a future meeting.

8. Other Items No other items were discussed.

The Administrative Session adjourned.


West Point City Council Meeting 3200 West 300 North

West Point City, UT 84015 November 21, 2017

General Session 7:00 pm – Council Chambers

Minutes for the West Point City Council General Session held at the West Point City Hall, 3200 West 300 North, West Point City, Utah 84015 on November 21, 2017 at approximately 7:00 pm with Mayor Erik Craythorne presiding. MAYOR AND COUNCIL MEMBERS PRESENT – Mayor Erik Craythorne, Council Member Kent Henderson, Council Member Andy Dawson, Council Member Gary Petersen, Council Member Jeff Turner, and Council Member Jerry Chatterton EXCUSED – None CITY EMPLOYEES PRESENT – Kyle Laws, City Manager; Boyd Davis, Assistant City Manager; Ryan Harvey, Administrative Services Director; Paul Rochell, Public Works Director; and Casey Arnold, City Recorder. EXCUSED – None VISITORS PRESENT – Jason Caldwell, Rob Ortega, Reed Child, Clair Hamblin, Gary Jenkins, Roger Hughes, Kathy Smith, Cade Davidson, Emery Smith, Andrew Smith, Gay Lynne Child, Ben Maxfield, Nancy Corey, D. Corey, Rex Carter, Ronnie Russell, Taz Love, Adam King, Kevin Thomas, and Kathy Stoker.

1. Call to Order – Mayor Craythorne welcomed those in attendance.

2. Pledge of Allegiance – Repeated by all

3. Prayer – Given by Council Member Turner

4. Communications and Disclosures from City Council and Mayor

Council Member Henderson – none

Council Member Turner – none

Council Member Petersen – none

Council Member Dawson – none

Council Member Chatterton – none

Mayor Craythorne – Reminded those in attendance of the City Hall Lighting Ceremony on December 4th. The West

Point Youth Council will serve hot chocolate, Santa will make an appearance, the lights on City Hall will be lit for the

Holiday Season, and there will also be a fireworks show. There is also a Children’s Remembrance Ceremony on

December 6th at 7 PM at the new Angel of Hope Statue in honor of children that have passed. Also in December is

the Cemetery Luminary on December 22nd. This has been a tradition for many years, and is a good service project

for those looking to participate in a worthwhile event in their community.

Mayor

Erik Craythorne

Council

Gary Petersen, Mayor Pro Tem

Jerry Chatterton

Andy Dawson

R. Kent Henderson

Jeffrey Turner

City Manager

Kyle Laws


Mayor Craythorne also commented in the Citizen Comment Follow-Up discussion that he spoke with Randy Jeffries

of UDOT and he was in agreeance that installing a round-a-bout at the intersection of 300 N and 4500 W was a good

idea; Mr. Jeffries suggested writing a letter to the Regional Director to “get the ball rolling”. The Council has

discussed this potential project in the past, as the off-set intersection that currently exists could become a larger

safety issue as traffic along 4500 W increases. Mr. Laws stated that Mr. Davis is currently working on a design for

the round-a-bout.

5. Communications from Staff

None

6. Citizen Comment Follow-Up

Mr. Laws stated that Christine Weischedel and her daughter Lindsay had commented about a business license issue

they were currently facing; Lindsey, who is not a resident, but her mother Christine is, applied for a business license

to be run out of her mother’s home. The license was denied because the Code states that the business owner must

be a resident, and they requested that the City consider modifying this Code. Mr. Laws stated that the Council and

Planning Commission have and will continue discussing adding immediate family members to the Code.

Christopher Phillips stated his concerns about the speeding on 800 N and requested that the Council consider

placing speedbumps to discourage speeding; Mr. Phillips stated that other cities have done so and they have been

effective. The section of most concern to Mr. Phillips was the section from 3000 W to 5000 W. Mr. Laws stated that

changing the speed limit requires that a traffic study be done, and then the limit is normally set at 80% of the

average speed. Council Member Petersen commented that a natural speedbump exists as the road drops off the

Bluff, and he believes that it actually encourages speeding as vehicles go over the bump. Council Member Petersen

also noted that there is a lot of pedestrian traffic in this area because of the LDS Church house and there is little to

no shoulder on sections of this road. Constructing a sidewalk along the road may be a project to consider placing on

the City’s Capital Project Matrix. Mr. Laws commented that the City does have Proposition 1 funds available that

could be used to fund such a sidewalk. In regards to the speeding concern raised by Mr. Phillips, the Council did not

feel that the issue necessitated speed bumps at this time.

Council Member Dawson stated that he received a Facebook message stating that there are no speed limit signs in

the Crystal Creek Subdivision. Mr. Davis stated that two signs are required in every subdivision, and he would

inspect the subdivision and look into the issue.

7. Citizen Comment Reed Child – 4674 W 650 N: Mr. Child wished to comment on the 650 North Project that has been an item of discussion for the City the last few weeks. At the City Council meeting on October 3rd, the question was raised regarding whether or not an agreement was made with the developer of the subdivision to accept a parcel of land in lieu of requiring curb, gutter, and sidewalk be installed in the subdivision. Mr. Child submitted a GRAMA request to the City and it was found that the agreement was discussed in three different meetings in 1987 and final approval was granted by the Board of Adjustments in June 1987. Mr. Child expressed his appreciation for the Mayor’s stance on honoring the agreement that was made. As the 650 North Project is well over budget, Mr. Child stated that also at the October 3rd meeting was a discussion as to whether residents in this subdivision would be willing to contribute to the curb, gutter, and sidewalk portion of the project. The estimated resident contribution discussed was $4,000 per resident. Mr. Child stated that he put together a petition and was able to speak with 43 of


the 45 residents that would be affected by the project. Of those 43, 41 signed his petition stating that they were strongly opposed to paying for any part of the project; 1 was in support and 1 was undecided. Mr. Child read the petition, a copy of which is included with these minutes. In his conversations with residents, Mr. Child informed the Council that an absolute priority of residents are the drainage issues that exist and have been increasing since 2000. Some residents wanted curb, gutter, and sidewalk but were not willing to pay for it, and some residents just did not want it. Clair Hamblin – 4820 W 650 N: Mr. Hamblin stated that when Bingham Park was organized, there was a Bingham Park Citizen Committee of which he was Chairman. With a budget of $35,000, the City and the Committee, along with three volunteer contractors, were able to design and install the park, water lines, sprinkling system, and landscaping. Since that time, perimeter fencing, parking lots, playground, boweries, baseball diamonds, restrooms, trees, walking trails, etc. have been added and result in a beautiful park for residents. Mr. Hamblin stated that these types of projects show that citizen collaboration is available and effective. He would like to request that the City put together a similar citizen group for the 650 N Project. The group should be able to use City facilities to meet, and would work with the citizens, City Officials, and Staff to reach a solution for this project that makes economic sense and satisfies both the residents and the City. Mayor Craythorne stated that in the previous Administrative Session, the project has been postponed indefinitely due to the concerns of the residents, budget issues, and unknowns regarding the effectiveness of the project.

8. Consideration of Approval of the Minutes from the October 17, 2017 City Council Meeting

Mrs. Arnold stated that there are two modifications that need to be made to the drafted minutes before approval:

the number of Gambusia fish written as part of Council Member Chatterton’s end of year report for the Mosquito

Abatement District Davis is incorrect and should be modified to read that the “Gambusia fish, which feed on

mosquitos, were also placed in 1,381 various fish ponds throughout the County”; the other change clarifies that the

mosquitos that carry the West Nile Virus are “most active during the night, beginning the half hour before sunset

through half an hour after sunrise.”

Council Member Dawson motioned to approve the minutes from the October 17, 2017 City Council Meeting with

the amendments outlined

Council Member Petersen seconded the motion

The Council unanimously agreed

9. Consideration of Ordinance No. 11-21-2017A, Approval of the West Point City Council Meeting Schedule for

Calendar Year 2018 – Mrs. Casey Arnold

Mayor Craythorne stated that this Ordinance sets the City Council Meeting Schedule for the coming year; the

Council normally meets on the 1st and 3rd Tuesday of each month, and the proposed Schedule follows that calendar.

A few exceptions are cancelled meetings for holidays and election dates: January 2nd, July 3rd, and November 6th.

Council Member Petersen motioned to approve Ordinance No. 11-21-2017A

Council Member Henderson seconded the motion


Roll Call Vote

Council Member Henderson – Aye

Council Member Turner – Aye

Council Member Petersen – Aye


Council Member Dawson – Aye

Council Member Chatterton – Aye

10. Consideration of Resolution No. 11-21-2017A, Approving the Scenic Byway Designation for the West Davis

Corridor – Mr. Kyle Laws

Mr. Laws stated the West Davis Corridor Extension has recently been approved and funded. Syracuse City is leading

an effort to designate this extension as a Scenic Byway, which designation already exists on the section from North

Salt Lake to Farmington. This designation would prohibit billboards and signage along this new extension and

preserve the scenic view. All of the cities that the Corridor will pass through are in support of the designation, and

the Davis County Council of Governments has also passed a resolution in support as well. Some costs incurred

would be for a study that is required before it can be officially designated, which cost would be shared between the

cities along the Corridor. Mr. Laws stated that this Resolution offers support for both the designation and a change

from the current name of “The Great Salt Lake Legacy Parkway Scenic Byway” to the “Great Salt Lake Scenic

Byway.” Council Member Petersen mentioned that the Corridor actually falls along the Oregon Trail and is a

significant part of this area’s history.

Mayor Craythorne commented that he has spoken with affected cities and City Staff about the possible negative

outcomes of this designation, but there does not seem to be any significant issues. Randy Jeffries of UDOT has also

indicated that UDOT is in full support of this designation. The Council had no further discussion.

Council Member Henderson motioned to approve Resolution No. 11-21-2017A

Council Member Dawson seconded the motion


11. Consideration of Approval of the Board of Canvassers Report for the 2017 West Point City Municipal General

Election – Mrs. Casey Arnold

Mrs. Arnold stated that in this election cycle, the Mayor position and two City Council seats were up for election.

There are currently 4,758 registered voters in the City, and 1,437 vote cards were cast. The following results were

presented to the Council, who serves as the Board of Canvassers, for approval:

Mayor

Erik R. Craythorne 1376 votes

City Council

Kent Henderson 1117 votes

Andy Dawson 1081 votes

Roland W. Whitesides 587 votes

Mrs. Arnold recommended approval of the Board of Canvassers Report for the 2017 West Point City Municipal

General Election.

The Council discussed the various reasons for low voter turn-out in municipal elections, and also thanked the

candidates for their willingness to serve the City.


Council Member Chatterton motioned to approve the Board of Canvassers Report for the 2017 West Point City

Municipal General Election

Council Member Turner seconded the motion


12. Motion to Adjourn General Session

Council Member Dawson motioned to adjourn the General Session

Council Member Henderson seconded the motion


______ _ ___ December 5th, 2017 MAYOR ERIK CRAYTHORNE ___ __________ December 5th, 2017 CASEY ARNOLD, CITY RECORDER


1

Subject: Tree Trimming Along Streets Author: Boyd Davis Department: Community Development Date: December 5, 2017

Background

For several years our Code Enforcement Officer has been enforcing a code regarding trimming trees

in the park strip. However, we recently discovered that the code doesn’t actually exist in the code

book. He even has a reference number to the code on his notices, but we are not sure where it came

from. We would like to amend the code to include it. This was discussed at a prior meeting and we

are now ready to hold a public hearing and to vote on the amendment.

Analysis

Trees in the park strip, or in the front yard, often grow over the sidewalk and the street. This

makes it difficult for pedestrians to use the sidewalk. It also makes it difficult to plow the streets in

the winter. We have had snow plows damaged when hitting low hanging tree limbs along the side

of the street.

It has been the practice over the years to get a list of trouble spots from the Public Works

Department before winter begins. Then the Code Enforcement Officer will give out notices asking

that the trees be trimmed to prepare for the snow plows.

Although we have very good compliance with the request, it would be better to have a code to back

us up. Staff would recommend that we add the following language to the Nuisance Code:

18.15.030(B)

34. Trees overhanging the sidewalk or street. Trees and bushes must be cut and maintained seven feet

above the sidewalk and thirteen feet six inches above the street.

Recommendation

Staff recommends approval of Ordinance 12-05-2017A

Significant Impacts

None

Attachments

Ordinance 12-05-2017A




1

ORDINANCE NO. 12-05-2017A

AN ORDINANCE AMENDING WEST POINT

CITY CODE SECTION 8.15.030B

MODIFYING REGULATIONS FOR

TRIMMING OF TREES

WHEREAS, the West Point City Council for and on behalf of West Point City, State of

Utah (hereinafter referred to as the “City”) has determined to amend Section 8.15.030B of the

West Point City Code, and

WHEREAS, a public hearing was duly held and the interested parties were given an

opportunity to be heard; and,

WHEREAS, the City Council has duly considered said amendments; and,

WHEREAS, the City Council, after due consideration of said amendments, has concluded

that it is in the best interest of the City and the inhabitants thereof that said amendments be adopted;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF WEST

POINT CITY, UTAH as follows:

Section One: Adoption of New Provisions in section 8.15.030B(35)

35. Trees overhanging the sidewalk or street. Trees and bushes must be cut and maintained seven

feet above the sidewalk and thirteen feet six inches above the street.

Section Two: Ordinances to conform with amendments

The West Point City Director of Community Development is hereby authorized and directed to

make all necessary changes to the West Point City Code to bring the text into conformity with the

changes adopted by this Ordinance.

Section Three: Severability

In the event that any provision of this Ordinance is declared invalid for any reason, the

remaining provisions shall remain in effect.

Section Four: Effective Date

This Ordinance shall take effect immediately upon passage and adoption and publication of a

summary as required by law.


2

DATED this ___ day of ____________, 20__.

WEST POINT CITY, a Municipal Corporation

By:

Erik Craythorne

Mayor

ATTEST:

______________________________

Casey Arnold

City Recorder


1

Subject: Setbacks for Accessory Buildings Author: Boyd Davis Department: Community Development Date: December 5, 2017

Background

In September the Council had a discussion regarding the Planning Commission’s recommendation

on setbacks for accessory buildings on corner lots. After the discussion, the Planning Commission

Chair asked for additional time to revise their proposal. They presented a new proposal to the

Council in October, but the Council was not in favor of the changes. Instead, the Council proposed

that the code be changed to a 20 ft. set back only, with no exceptions. A public hearing has been set

and the item is on the agenda to be considered for approval; however, if more discussion time is

needed, the item can be tabled.

Analysis

The current code requires a 30 ft. side-yard setback for accessory buildings on corner lots. The

Planning Commission is recommending the following language:

Accessory buildings on corner lots shall be set back a minimum of 20 feet from the street side

property line. An accessory building may encroach up to 5 feet if the setback from the rear and

front property line is greater than 40 feet in each direction.

An ordinance is attached to this report that follows the City Council’s direction as follows:

Accessory buildings on corner lots shall be set back a minimum of 20 feet from the street side

property line.

Recommendation

Staff recommends that the public hearing be held and that the Council take time to discuss the item

before considering it for approval. If the Council would like more time, Staff recommends that the

item be tabled.

Significant Impacts

None

Attachments

Ordinance




1

ORDINANCE NO. 12-05-2017B


CITY CODE SECTION 17.25.080 MODIFYING

LAND USE REGULATIONS FOR

ACCESSORY BUILDINGS


Utah (hereinafter referred to as the “City”) has determined to amend Section 17.25.080 of the West

Point City Code, and








Section One: Adoption of New Provisions in section 17.25.080

The category named “ACCESSORY STRUCTURES/USES” of section 17.25.080 “Zone

regulations chart” shall be changed to read as follows. The remainder of the table shall remain

unchanged. (Strike through text indicates text being removed from the code, and underlined text

indicates new additions).

ACCESSORY STRUCTURES/USES3

Minimum Front Yard3 – – – – – – – 25' 25' 25' 25' 50'

Minimum Side Yard (Interior)3 1' 1' 1' 1' 1' 1' 1' 1' 1' 1' 1' 10'

Minimum Side Yard (Street) Corner Lot 30'

20’

30'

20’

30'

20’

30'

20’

30'

20’

30'

20’

30'

20’

0' 0' 0' 0' 0'

Arterial Street Corner Lot3 30'

20’

30'

20’

30'

20’

30'

20’

30'

20’

30'

20’

30'

20’

0' 0' 0' 0' 0'


2

Minimum Rear Yard3 1' 1' 1' 1' 1' 1' 1' 1' 1' 1' 1' 1'

Distance between Accessory and Principal Structures3

Same Lot 10' 10' 10' 10' 10' 10' 10' – – – – –

Adjacent Lot 15' 15' 15' 15' 15' 15' 15' – – – – –











DATED this ___ day of ____________, 20__.


By:

Erik Craythorne

Mayor

ATTEST:

______________________________

Casey Arnold

City Recorder


1

Subject: Residential Landscaping Author: Boyd Davis Department: Community Development Date: December 5, 2017

Background

The Planning Commission has prepared a recommendation on the residential landscaping

requirements. Currently the code requires a combination of grass, shrubs, trees, and ground cover,

but it does not give the amounts required for each item. This became problematic when trying to

enforce the code. The Planning Commission would like the Council to consider amending the

current code to include their recommendation.

Analysis

The following is the proposed language to be considered. There was only one addition since the

last meeting, which was to also require landscaping to be installed within one year of removal of

landscaping:

17.10.020 Definitions:

"Landscaping" means the structured installation of living materials (i.e., lawn, ground cover, annual

and perennial flowering plants, vines, shrubs, and trees) and may include non-living materials. The

use of water (i.e., pools, fountains, falls, and streams) and sculptures are also included

as landscape design materials.

17.80.260 Residential landscaping requirements.

Landscaping on residential lots shall comply with the following standards:

A. Landscaping shall be installed in front yards on the entire width of the lot including park-

strips and excluding the driveway. On corner lots, landscaping shall be installed in all areas

between the side line of the house between the front property line and the rear property

line which are visible from the public right-of-way.

B. Landscaping shall include a combination of lawn, shrubs, ground cover, and/or trees.

Ground cover may include vegetative vines, low-spreading shrubs, or annual or perennial

flowering or foliage plants. Ground cover may also include mineral or nonliving organic

permeable material. Mineral ground cover may include such materials as rocks, boulders,

gravel, or brick over sand. Species, size, and placement of landscape elements shall be

determined by the homeowner.

C. Residential dwelling lots shall have no more than thirty percent (30%) of ground cover

(excluding driveways and lawn).

D. On lots over one-half acre in size, landscaping shall only be required on one hundred feet

(100 feet) of street frontage to the depth of the front yard setback.

E. Said landscaping shall be completed within one year from the date of occupancy of the

residence or within one year of removal of landscaping.



2

F. If more than thirty percent (30%) ground cover is desired (excluding driveways and lawn),

approval must be given by the Planning Commission. If the applicant does not agree with

the commission’s decision, the applicant can appeal to the City Council.

Recommendation

Staff recommends approval of Ordinance 12-05-2017C.

Significant Impacts

None

Attachments

Ordinance 12-05-2017C


1

ORDINANCE NO. 12-05-2017C


CITY CODE SECTIONS 17.10.020 AND

17.80.260 MODIFYING REGULATIONS

RESIDENTIAL LANDSCAPING


Utah (hereinafter referred to as the “City”) has determined to amend Sections 17.10.020 and

17.80.260 of the West Point City Code, and








Section One: Adoption of New Provisions in sections 17.10.020 and 17.80.260

The following definition will be added to section 17.10.020. All other definitions will remain in

the code as currently written. (Strike through text indicates text being removed from the code, and

underlined text indicates new additions).

17.10.020 Definitions:

"Landscaping" means the structured installation of living materials (i.e., lawn, ground

cover, annual and perennial flowering plants, vines, shrubs, and trees) and may include

non-living materials. The use of water (i.e., pools, fountains, falls, and streams) and

sculptures are also included as landscape design materials.

The following changes will be made to section 17.80.260. (Strike through text indicates text being

removed from the code, and underlined text indicates new additions).

17.80.260 Residential landscaping requirements.

Landscaping on residential lots shall comply with the following standards:


2

A. Landscaping shall be installed in front yards on the entire width of the lot including

park-strips and excluding the driveway. On corner lots, landscaping shall be installed

in all areas between the side line of the house between the front property line and the

rear property line which are visible from the public right-of-way.

B. Landscaping shall include a combination of lawn, shrubs, ground cover, and/or trees.

Ground cover may include vegetative vines, low-spreading shrubs, or annual or

perennial flowering or foliage plants. Ground cover may also include mineral or

nonliving organic permeable material. Mineral ground cover may include such

materials as rocks, boulders, gravel, or brick over sand. Species, size, and placement

of landscape elements shall be determined by the homeowner.

C. Residential dwelling lots shall have no more than thirty percent (30%) of ground

cover (excluding driveways and lawn).

D. On lots over one-half acre in size, landscaping shall only be required on one hundred

feet (100 feet) of street frontage to the depth of the front yard setback.

E. Said landscaping shall be completed within one year from the date of occupancy of

the residence or within one year of removal of landscaping.

F. If more than thirty percent (30%) ground cover is desired (excluding driveways and

lawn), approval must be given by the Planning Commission. If the applicant does not

agree with the commission’s decision, the applicant can appeal to the City Council.












3

DATED this ___ day of ____________, 20__.


By:

Erik Craythorne

Mayor

ATTEST:

______________________________

Casey Arnold

City Recorder


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