Vice Chair James Wright presided and called the meeting to order 4:00pm on Tuesday, June 14th, 2022. Committee Members present: Dave Carlsrud, Bill Carlblom, and Jeff Erickson. Absent: Joe Faure, Bobby Koepplin, Mike Schell.
Others: City Attorney Carl Martineck, City Administrator Gwen Crawford, City Planner Joel Quanbeck, Acting Secretary/Tina Current, City Assessor Sandy Hansen, Building Inspector Lance Coit, and City Engineer Chad Pederson (KLJ).
Bill Carlblom moved to approve the Minutes of the May 10th, 2022 regular meeting seconded by Jeff Erickson, followed by roll call and approval.
Building/Fire Inspector Report
Building Inspector Lance Coit gave a report. He has had eight new permits. There has been five residential and two commercial permits. The last one is a demolition permit for VCSU Foss Music Hall. He reports everything is going well.
Public Hearing on application to plat the SW quarter of Section 34 T140N, R58W into two lots (extraterritorial). Recommendation to City Commission.
Vice Chair Jim Wright opened the public hearing. The application was to split the parcel into two lots and also included a variance application for a septic tank. City Planner Joel Quanbeck reported his findings on the application. Quanbeck feels that both the application and variance should be approved with three conditions: the owners must connect to city sewer if and when additional development happens adjacent to or including Lot 1 of this subdivision and the city’s sanitary sewer system is within a more reasonable distance; a requirement should be placed on applicant and all future property owners of the Charnetzki Subdivision that requires them to connect to city sanitary sewer at their own cost when city sanitary sewer is established within the land being platted; and unless the city establishes a new policy specifically dictating rural residential development, no new residential rural large lot development should be allowed in the proposed Charnetzki Subdivision.
Dave Carlsrud moved to recommend approval of the application to plat the SW quarter of Section 34 T140N, R58W into two lots with the three recommendations presented by Quanbeck. Erickson seconded with board approval followed by roll call and unanimous approval. Erickson then moved to recommend approval to the City Commission for the variance with the same recommendations in place; Carlsrud seconded followed by roll call and unanimous approval.
Public Hearing on application to Replat of Lot 1, Block 2 of Svenningsen First Subdivision and Auditors Lot 6 in the SE quarter of Section 18 T140N, R58W and some additional land. Recommendation to City Commission.
Vice Chair Wright opened the public hearing. Quanbeck explained this replat is a correction. The replat would be three lots combined into one. The reason for the replat is that the property owner’s drain field is not on the right lot and needed additional land. Carlblom moved to recommend approval with Erickson a second followed by roll call and unanimous approval.
Approve recommendation of boundaries of extraterritorial jurisdiction.
Vice Chair Wright turned the conversation over to City Attorney Carl Martineck. Discussion was started on where the Planning and Zoning board wanted the lines to be on the extraterritorial map discussed at the previous meeting – did they want to stay with the current style of the extraterritorial which followed the city border along quarter-quarter lines, or did they prefer a more square-like border following half quarter lines which the county suggested. There was also
discussion on whether to add Wolski Plaza or not it since the one-mile jurisdiction line only included half of Wolski Plaza. To be consistent with zoning regulations in that subdivision, either all of it had to be added or none.
Carlblom made a motion to stick with the current style of the map once updates get finalized. All Wolski Plaza would be included in the extraterritorial jurisdiction. Carlsrud seconded with board approval followed by roll call and a unanimous approval.
Adjourn
With no other items to discuss, Vice Chair Wright called for the meeting to close at 4:38pm.
Attested to by:

Chair Mike Schell presided and called the meeting to order 4:00pm on Tuesday, May 10th, 2022. Committee Members present: Dave Carlsrud, Bill Carlblom, Jim Wright, Jeff Erickson, and Bobby Koepplin. Absent: Joe Faure.
Others: City Attorney Carl Martineck, City Administrator Gwen Crawford, City Planner Joel Quanbeck, Acting Secretary/City Assessor Sandy Hansen, Building Inspectors Michael Blevins & Lance Coit, and City Engineers Chad Pederson & Mike Strom (KLJ).
Audience members: JoNelle Kuder, Sue McCarthy, Rodney Scott, Kay & Bruce Jacobson, Ian Jacobson, Jessica Jenrich, Jeff Bopp, Mike Schwehr and Shawn Olauson, with Paul Diegel attending by Zoom.
Bill Carlblom moved to approve the Minutes of the March 8th, 2022 regular meeting with the correction that Jim Wright was present for the meeting (omitted in minutes), seconded by Wright, followed by roll call and approval.
Building Inspector Report
Building Inspector Mike Blevins had sent an email of the current 2022 permit list and read it for the board & audience; there was a correction of an amount on one permit to $1,000,000 (not $100,000), and he reported that the permit activity has picked up as expected now that weather has warmed.
Public Hearing for Replat Application of Legacy West Townhomes PUD.
Chair Schell opened the public hearing, verifying that developer Paul Diegel was on line for the meeting. Diegel explained that he has an owner who wants a single-family residence on two lots originally meant for townhomes. Diegel had it replatted as such, including another single-family home lot in an area that was greenspace; both lots would still be part of the Legacy West Planned Unit Development association. Joel Quanbeck reiterated what Diegel said but pointed out some issues with the fact that Lot 6 was essentially a “two front yard” corner lot which causes issues with front yard fence setbacks covered in city ordinances. He reminded the commission that a 6’ high fence needs a 15’ setback from the front yard property line to fit city regulations. Quanbeck suggested moving the lot lines or the planned houses to the north and/or west to make room for a possible privacy fence without causing problems of sightlines. Diegel pointed out that a fence would be closer to the house as patio privacy, and would not extend past the corner of the house. He was agreeable to moving the Lot 6 building north about two feet, and moving the house on Lot 5 northwest about the same amount to accommodate any future fencing issues. Bruce Jacobson asked Diegel if the addition of the two homes will be paying their fair share of street costs; Diegel explained to him costs will be split evenly. Wright moved to close the hearing with Carlblom seconding. Chair Schell then opened it to internal discussion. Wright asked Deputy Fire Chief Lance Coit if the plans were okay with the fire department regarding emergency responses and was assured they were. Quanbeck pointed out the drainage and stormwater areas for the development and suggested they need to be checked to see if they were working as planned. He also said that the Homeowner’s Association documents should be shared with the board to verify their existence and that maintenance issues were included in them. Bobby Koepplin moved to approve the replat recommendation to the City Commission with the building relocations and any future fence placements as discussed, plus the other recommendations Quanbeck shared regarding the stormwater management system and the Homeowner’s Association documents. Carlblom seconded the motion, followed by unanimous board approval.
Public Hearing for Variance Application for a fence at 551 6th St NE (Pcl #63-5690114).
Chair Schell opened the public hearing for a variance request. Property owner Ian Jacobson explained his issue was similar to the prior application, with his house being on a corner and essentially having two front yards. He was asking for permission to put up a 6’ fence along the east side of his house to allow some privacy and to keep family and a possible dog contained. Supplemental information given to Quanbeck showed Jacobson’s intentions. Schell asked about sightline obstruction but it is a controlled intersection and shouldn’t be a problem. But Koepplin said that the new regulations have that 15’ setback in effect, and the board needs to be fair with everyone. The drawing has the fence 4’ from the property line; 15’ from the property line would be up against the house. Quanbeck listed criteria points needed to justify passing a variance, and this situation does not meet those requirements. Schell suggested the board may need to look at corner lot regulations again. Koepplin agreed and said the variance should be denied until the regulations can be reviewed and possibly changed to be fair to all corner lots. Wright moved to close the hearing with Carlblom a second. Internal discussion began. Quanbeck suggested a motion should include possibly amending the ordinance regarding corner lot setbacks. The board asked that Quanbeck research the issue. Koepplin moved to deny the application based on the criteria needed, and to possibly amend the ordinance regarding corner lots and fences. Wright seconded followed by unanimous board approval.
Review extraterritorial limits of City and existing zoning rules with the County
Chair Schell turned the conversation over to City Attorney Carl Martineck. Martineck pointed out that the one-mile extraterritorial border lines had not been updated for many years, and did not reflect recent annexations requiring expansion of that one-mile city jurisdiction. Some members of the County Planning & Zoning Board were in attendance for questions, along with the Planning & Zoning Administrator Jessica Jenrich. Jenrich supplied her own maps, questioning why some subdivisions were separated, essentially bringing in two sets of rules for one subdivision, and also questioned the zigzag appearance of the proposed map which makes it confusing to read. Martineck said that established subdivisions in the county remain under county regulations; he also explained that the zigzag appearance is a result of including the quarter sections that are touched one mile out from city limits which is also uneven. He added that this map is to be used for only zoning regulations, and would not affect any other regulations in place. County Board member Shawn Olauson said the extraterritorial limit should be a mile out, nothing more or less. Martineck suggested both boards would be better served if the zoning map was updated each time there was an annexation, but he would work with Jenrich to make a more readable map with the intention of a definitive one-mile border from corporate city limits. Maps will be provided once approved.
Update on land donations and cash in lieu regarding public use areas
Quanbeck wanted to update the group on information regarding new annexations and the guidelines of 12% land that’s supposed to be dedicated for public recreational use. He has been looking at other states for guidelines on this discussion since North Dakota does not have any. But it is obvious that the need for more public recreation areas should be addressed and soon, particularly in the southeast where there are new annexations, and that discussion should also include the VC Parks & Rec board.
Adjourn
With no other items to discuss, Chair Schell called for the meeting to close at 5:20pm.

Chair Mike Schell presided and called the meeting to order at 4:00pm on Tuesday, March 8th, 2022. Committee members present: Dave Carlsrud, Bill Carlblom, Bobby Koepplin, and Joe Faure, Jeff Erickson, and Bill Jim Wright
Others: City Attorney Carl Martineck, City Administrator Gwen Crawford, City Planner Joel Quanbeck, Acting Secretary/City Assessor Sandy Hansen and Assessor-in-Training Tina Current, Building Inspector Lance Coit and Mike Blevins, and City Engineer Tracy Eslinger (Moore Engineering)
James Wright moved to approve the Minutes of the February 8th, 2022 regular meeting, seconded by Joe Faure, followed by roll call and approval.
Building Inspector/Fire Inspector Report
Lance Coit gave the building/fire inspector report. New garage for Rocky Gabel: the land is still in Swanberg name, so that is on hold until they plat it. Frank Larson solar power: it was built in the flood plain, possible floodway, without a permit so contractors are going to have to have it surveyed. The other permits are decks and windows.
Public hearing regarding termination of the City Board of Adjustments and assigning variance duties to the Planning and Zoning Commission
Chair Mike Schell opened the public hearing. Carl Martineck explained the changes to the municipal code. The municipal code has been changed to Planning and Zoning Commission where it was the Zoning Board of Adjustments. This would eliminate the board of adjustments. With no discussion, Bobby Koepplin moved to approve. Dave Carlsrud seconded. Board approved with Wright and Schell voting no.
Discuss the Extra Territorial upcoming map changes
Joel Quanbeck brought up some key points. 1. What are appropriate characteristics of residential development anticipated in each of the future growth areas of the city. Is there a need to make changes to the current future land use plan? 2. What should the major street network look like to ensure adequate internal linkages with the rest of the city, especially for the purposes of emergency response? 3. What is the overall water and sewer demand that could occur in these future development areas, and how should the relevant service and capacity needs be addressed? 4. What is the overall electricity, gas, and communications services demand that could occur in these future development areas, and how should the capacity and extension of these services be provided for? 5. in order to support development in the Extraterritorial Area that efficiently addresses stormwater management issues and supports appropriate long-term growth, what strategies or policies should be put into place? 6. What is a reasonable and supportable policy for requiring connection to city sewer systems in the Extraterritorial Area? 7. What is the appropriate zoning for parcels in the current and anticipated Extraterritorial Area. 8. What opportunities exist to incorporate parks, trails, sidewalks, and open space into new development areas? How can these opportunities be incorporated to build a network of amenities that is consistent with the Comprehensive Plan?
Quanbeck had multiple different maps explaining all the topics he went over.
Discussion was had after listening to Quanbeck’s information. It was decided that the Planning and Zoning Commission needs to know where the extra territorial lines are located and make sure they are in compliance with the law. Schell asked for a map to be provided and then they would schedule a meeting with Barnes County Commissioners and the Barnes County Planning and Zoning Board to discuss the extra territorial lines with the annexations the City has in place.
Other
Sandy Hansen reminded the board that the April Meeting will be on Wednesday April 13th.
Gwen Crawford talked about how all the old signs on Central and Main will need to come down if a business is closed, and Coit will be enforcing this policy.
Adjourn
With no other items to discuss, Chair Schell called for the meeting to close at 4:48pm.
Submitted by: Tina Current, Acting Secretary

Vice Chair James Wright presided and called the meeting to order at 4:00pm on Tuesday, February 8th, 2022. Committee members present: Dave Carlsrud, Bill Carlblom, Bobby Koepplin, and Joe Faure. Absent: Mike Bishop and Chair Mike Schell
Others: City Attorney Carl Martineck, City Administrator Gwen Crawford, City Planner Joel Quanbeck, Acting Secretary/City Assessor Sandy Hansen and Assessor-in-Training Tina Current, Building Inspector Lance Coit, City Engineer Chad Pederson (KLJ). Mike Strom (KLJ).
Audience members: Mindy Tvedt, Travis Tvedt, and Tim Logan.
Dave Carlsrud moved to approve the Minutes of the January 11th, 2022 regular meeting, seconded by Bill Carlblom, followed by roll call and approval.
Building Inspector/Fire Inspector Report
Building Inspector Mike Blevins had sent an email of current projects but was not able to make the meeting. Building Inspector/Fire Inspector Lance Coit reported two permits right now: one for an egress window and one for a garage. The fire inspections are as normal.
Gwen Crawford spoke about the Storm Water Management Plans. The city has always required these plans, but hasn’t had very good follow-up on the completion of them. The new procedure for the Storm Water Management Plan (SWMP) will be that before an owner can receive the certificate of occupancy, they will need a permit from the city engineer that says the SWMP was completed.
Public Hearing for plat application for the land located south of I-94 and west of 8th Ave SE just outside of the municipal boundary of Valley City, Recommendation to City Commission.
Vice Chair Wright opened the public hearing, turning it over to City Planner Joel Quanbeck for explanation of the amendments. The plat is to divide the land being purchased by the Tvedts into 2 lots in order to conform with city subdivision regulations. The proposed use of Lot 1 Block 1 is consistent with the permitted use of the R-4 district. The proposed use of Lot 2 Block 1 is allowed as a non-conforming use, but may not be expanded or intensified. The proposed uses will meet all yard requirements for the R-4 district. The comprehensive plan indicates the future land use in this vicinity is primarily suburban. This includes residential development that has densities less than one residence per acre. A drainage plan or waiver from the drainage plan requirement must be provided in order to meet the subdivision regulation requirements for approval. Quanbeck explained the Tvedts applied for a variance for the sewer system. The board decided to discuss the plat application first and then move to the variance. No questions and no speakers from the audience on this. Carlblom gave a motion to close the public hearing with Joe Faure a second and board approval.
In board discussion, Bobby Koepplin asked if the 6.4 acres are in city limits or not. Quanbeck said it is within the one-mile extra territorial. Carlsrud asked about annexation; the owners do not want to annex at this time. Koepplin moved to recommend City Commission approve the plat with Quanbeck’s recommendations as follows: A) All infrastructures required to serve the proposed development have easements as required by title 16 of the Valley City Municipal Code and city engineering standards. B) the applicant shall give satisfactory assurance of the provision of all site improvements for the proposed development as required by VCMC section 16-01-06. C) The applicant shall ensure that all site improvements are consistent with the applicable design standards and infrastructure requirements. Carlblom seconded the motion with board approval.
Public hearing for a Variance application for a proposed residential lot (Lot1, block 1) the variance application is to allow an onsite septic system for the proposed residential lot instead of ta required connection to the City of Valley City sewer collection system
Vice Chair Wright opened the public hearing. Quanbeck explained his handouts regarding the variance. The VCMC Section 16-01-06 requirements that states within the corporate limits and within one-mile thereof, the sub-divider shall be required to install a sanitary sewer and connect the same to the city trunk line sewers in a manner prescribed by the board of city commissioners and according to state guidelines. The reason the variance request is sought is because the site applicant has chosen to place their house 650 feet away from the main sewer line. The applicants said they would need 7 clean-outs along that line and it would be a hardship. Recommendations for an approved variance is 1) A development agreement signed by the applicants and original property owner, and the City must be signed; 2) Said development agreement must plainly state that the applicants and property owners, and future property owners will only be allowed additional subdivision or development if connections are made to municipal sewer and water, and extension of city streets, for the residence the applicants plan to place on Lot 1 Block 1, and all future development; 3) Said development agreement shall also include such other requirements as determined by the board of commissioners. This includes but is not limited to requirements that will ensure the comprehensive plan can be implemented and that the intent of the provision will not be destroyed. This will be filed at the courthouse. At this time, Quanbeck said he does not think the variance should be approved as the hardships are self-inflicted. Tim Logan spoke and said he used to live in Sheyenne Circle where they all had individual sewers, and he does not agree it is a good thing to do. Koepplin moved to close the public hearing with Carlsrud a second and board approval.
Interior discussion on the variance began. Koepplin asked if the project would need a lift station. KLJ Engineer Mike Strom said they would not need one. Koepplin asked for an estimate of cost to hook up to city sewer but did not get an answer, but it was pointed out that this is a private line and the applicants would be responsible for the seven clean-outs needed. The board talked about whether they need to be annexed or not, and it was recommended it would be addressed in the development agreement. After saying the sewer line didn’t make sense for just one house, Koepplin moved to approve a do-pass to the City Commission of the variance with the three recommendations listed by Quanbeck, and the signed and recorded agreement. Carlsrud seconded the motion and the board approved.
Other
Discuss termination of Board of Adjustments and having the variances come to the Planning and Zoning board. The commissioners will have the final say on all variances and City Attorney Carl Martineck informed the board there will be an ordinance change on this matter.
Adjourn
With no other items to discuss, Vice Chair Wright called for the meeting to close at 4:48pm.
Submitted by: Tina Current, Acting Secretary

JANUARY 11, 2022—MINUTES OF REGULAR MEETING OF
VALLEY CITY PLANNING AND ZONING COMMISSION
Chair Mike Schell presided and called the meeting to order 4:00pm on Tuesday, January 11th, 2022. Committee Members present: Dave Carlsrud, Bill Carlblom, and Bobby Koepplin, with Joe Faure attending my Zoom. Absent: Mike Bishop and Jim Wright.
Others: City Attorney Carl Martineck, City Administrator Gwen Crawford, City Planner Joel Quanbeck, Acting Secretary/City Assessor Sandy Hansen and Assessor-in-Training Tina Current, Building Inspector Michael Blevins, City Engineers Mike Strom (KLJ) and Tracy Eslinger (Moore Engineering).
Audience members: Nick Blevins, Jan Reid, Rick Ross, Donald Bauer, Deedra Froemke, Neil Schmidt, Earl Behm.
Bobby Koepplin moved to approve the Minutes of the October 12, 2021 regular meeting, seconded by Bill Carlblom, followed by roll call and approval.
Building Inspector Report
Building Inspector Mike Blevins had sent an email of the 2021 review and read it for the board & audience; 2021 wrapped up with 72 permits in all. Current large-scale project updates included the near completion of the VCSU Performing Arts building, the Smith Lumber addition project, the Concept Dentistry remodel of the west end of Valley West Mall, and the start of the new Valley Realty Apartments in Hyland Park Estates.
Public Hearing for PUD Amendment Request of Hidden Ponds Estates Recommendation to City Commission.
Chair Schell opened the public hearing, turning it over to City Planner Joel Quanbeck for explanation of the amendments. Quanbeck said this PUD application was reviewed by the board in 2021 and at that time there was significant discussion about geotechnical issues; geo-analysis was performed and brought to the board which then approved the application. The PUD plat was also approved by the City Commission, but was not filed and recorded at that time as the owner decided to make some adjustments to parcel borders in the plat. Lots 4 & 5 were widened from 45’ to 74’to accommodate a larger townhome, and additionally the large outlot was changed to Lot 6 and removed from the PUD. When asked, Quanbeck reassured the board that easements would be on the final plat for the City Commission to approve. Chair Schell reiterated that the only changes were to the lot sizes of Lots 4 & 5, and the change of the large outlot to a Lot 6 and would not be included in the PUD; Quanbeck also added that Lots A & B common area had some minor adjustments in sizes to accommodate a larger road, and for the storm water detention area. Chair Schell invited the public for comments. Rick Ross asked about the project as he had not attended the 2021 meetings, and he stated his concerns about the underground springs and hill stability. Chair Schell explained it again, adding that soil boring had been done and it had been approved at that time; no new building projects were going to be added other than the two twinhomes previously approved. Ross asked for the engineering report and Quanbeck supplied him with it. Jan Reid expressed her concerns about the storm water detention pond and the drainage. She added that the low area of her property (to the west of this project) and her neighbors were very wet and she worried this project would add to it. She encouraged the board to look over the situation. Engineer Mike Strom reassured the board the drainage situation was looked over thoroughly as the developers wanted to be sure the clay-base detention pond would hold excess water and slowly drain out through a smaller pipe in a direction that would not add issues to neighboring properties. Ross then asked about why a slope-stability analysis wasn’t done according to the report he had been supplied with; Strom explained that the building structures and soil-borings indicated to Braun Technologies (who did the studies) that slope
analysis wasn’t needed. Carlblom moved to close the public hearing with Koepplin second and board approval. In board discussion, Koepplin asked Strom about the size of the drainage which Strom admitted he didn’t have the exact size but it should be between 8-12” in diameter. Koepplin moved to recommend approval of the application for the PUD amendment with the inclusion of City Planner Quanbeck’s recommendations of: a) stormwater runoff from the proposed development be addressed in a way that’s consistent with stormwater management requirements of Valley City and does not increase runoff onto adjacent properties, b) the 4 items previously noted as “additional subdivision preliminary plat required information that is not shown on the preliminary plat or as supplemental information” be provided for the record, c) all infrastructure required to serve the proposed development have easements as required by Title 16 of the VC Municipal Code and city engineering standards, d) the applicant shall give satisfactory assurance of the provision of all site improvements for the proposed development as required by VCMC Section 16-01-06, e) the applicant shall ensure that all site improvements are consistent with all applicable design standards and infrastructure requirements, and f) the proposed development shall be consistent with the decisions and requirements of the Planning & Zoning Commission resulting from the findings of the previously prepared and reviewed geotechnical report. Carlblom seconded and the board approved of the motion with the recommendations.
Other
It was brought to the board’s attention that the possible April Planning & Zoning meeting coincided with the City Equalization meeting date & time; it was decided to reschedule the April meeting date (if one is needed) to the following day – Wednesday, April 13th, at 4pm.
Adjourn
With no other items to discuss, Chair Schell called for the meeting to close at 4:35pm.
Submitted by: City Assessor Sandy Hansen, Acting Secretary

     Chair Mike Schell presided and called the meeting to order 4:00pm on Tuesday, October 12^th, 2021. Committee Members present: Mike Bishop, Jim Wright, Dave Carlsrud, Bill Carlblom, Joe Faure and Bobby Koepplin.

     Others: City Attorney Carl Martineck and his intern Angeline Gannon, City Planner Joel Quanbeck, Acting Secretary/City Assessor Sandy Hansen and Assessor-in-Training Tina Current, with City Engineer Mike Strom (KLJ) attending by Zoom.

     Audience members: Bruce Hoyt, Tony Zarbano, Dan Larson and Kevin Rohde.

     Bill Carlblom moved to approve the Minutes of the September 14, 2021 regular meeting, seconded by Joe Faure, followed by roll call and approval.

Building Inspector Report

     Building Inspector Mike Blevins had sent the board an email outlining current building projects; in September there were seven permits added to the list – 5 residential, 1 commercial, and 1 exempt – with a total estimated construction amount of $670,553, the bulk of that coming from the permit of the new Valley City Fire Department addition.

Public Hearing for replat request of Lot 4, Block 2, and a part of Block 4 of Beyer Industrial Acres. Recommendation to City Commission.

      Chair Schell opened the public hearing. As there were no public comments, Carlblom moved to close the public hearing with Mike Bishop a second. Internal discussion verified that the entrance/access to Block 5 had been changed to a north location across Block 4 from the south location on a previous replat request. Bishop moved to recommend approval of the application for the replat as stated to the City Commission, with Bobby Koepplin a second with the inclusion of City Planner Quanbeck’s recommendations of: a) add a 10 foot utility easement along the west edge of Lot 1 Block 5, b) stormwater runoff from the proposed development be addressed in a way that’s consistent with stormwater management requirements of Valley City and does not increase runoff onto adjacent properties, and c) the applicant shall ensure that all site improvements are consistent with all applicable design standards and infrastructure requirements. The board approved of the motion with the recommendations.

Valley City Municipal Code Text Amendments Report.

      Chair Schell asked Quanbeck to address this issue. Quanbeck pointed out that the changes he wanted to point out were ones recommended by the City Commission regarding R-4 districts, in particular the minimum lot width and area adjusting from 35 ft wide/3500 total sq ft per unit to 25 ft wide/2500 total sq ft per unit. Quanbeck added this change is consistent with what he has seen in other community developments, and he wanted the board to be aware of this change as it is related to the following public hearing on the agenda. As there were no other comments, the board proceeded to that hearing.

Open Public Hearing for platting request of undeveloped land located between 8^th & 9^th Ave NW and north of 10^th St NW – includes Lots 4-8 & part of Lot 3, Block 1, plus Lots 3-7 & part of Lot 2, Block 2, Hyland Park Addition. Recommendation to City Commission.

      Chair Schell opened the public hearing. He explained with the change in minimum size for lots in R-4 zoning, the developer for the Hyland Park Addition came back with an adjusted replat reflecting that change allowing for a few more lots.  Tony Zarbano, a homeowner next to the proposed development, asked about the drainage & storm sewer situation. Mike Strom answered, saying all drainage within the replat area will be through a gravity storm sewer to a retention pond in the NW corner then draining west of 9^th Avenue into an existing drainage ditch. Homeowner Dan Larson questioned the change from a previous Planning & Zoning meeting regarding limiting proposed apartment building to a 24-plex instead of the now-approved 36 plex. Chair Schell explained that after further review, it was decided the city and board needed to be consistent with previous approvals for larger apartment complexes, and that they needed to try to better accommodate developers without being too restrictive.  Kevin Rohde, another neighbor to the development, wanted to know what the timeline was for the construction. He said he was not able to get any information to the developers and thought the board should know the schedule. Chair Schell reminded him that the Planning & Zoning Board is not there to determine construction schedules. Dave Carlsrud explained further that the purpose of this board is to be sure that projects are built according to city ordinances and zoning rules, and they are not informed of private developers’ schedules; Jim Wright added that actual construction is strictly up to the contractor. Zarbano asked if the new road and infrastructure through the development was going to be built by the builder or by the city, and Strom answered it was on the contractor. Zarbano then asked about the possible damage on the current 11^th Street being used extensively for hauling fill and whether repairs would be on the contractor or the city, and Strom answered the city. Chair Schell suggested Zarbano mention the issue at a commission meeting as the P&Z Board didn’t have any say regarding road repairs. When asked about it, City Attorney Carl Martineck said that there’s no agreement in place right now; typically, after a plat has been approved, a contract needs to be in place between the city and the developer. It would be up to the city administrator and city commission to consider that provision. Larson then asked about access to the apartment building and why there’s no other access to 9^th Ave NW. Strom said that 9^th Avenue is a DOT road with limited access availability and there were no other viable options. Bishop moved to close the hearing with Faure seconding. With no further internal discussion, Koepplin moved to recommended approval to the City Commission with Quanbeck’s recommendations of: a) stormwater runoff from the proposed development be addressed in a way that is consistent with the Valley City requirements and does not increase runoff onto adjacent properties, b) all infrastructure required to serve the proposed development have easements as required by Title 16 of the Valley City Municipal Code (VCMC) and city engineering standards, c) the applicant shall give satisfactory assurance of the provision of all site improvements for the proposed development as required by VCMC Sections 16-01-06, and, d) the applicant shall ensure that all site improvements are consistent with all applicable design standards and infrastructure requirements.  Carlblom seconded the approval. Before roll call, Wright questioned the setbacks on the smaller 25’ lots, particularly in reference to balconies in side yards. Quanbeck explained that according to the already decided upon Section 11-04-08, balconies 8’ above the ground were excluded from yard measurements. Wright had issue with the fact that in theory, balconies could be touching each other across the yards. Chair Schell called for the vote and the board approved the recommendation to the City Commission, with Wright the lone nay vote.

Adjourn

     With no other items to discuss, Chair Schell called for the meeting to close at 4:37pm.

Submitted by: City Assessor Sandy Hansen, Acting Secretary

     Chair Mike Schell presided and called the meeting to order 4:00pm on Tuesday, September 14^th, 2021. Committee Members present: Mike Bishop, Jim Wright, Dave Carlsrud, and Bill Carlblom, with Joe Faure attending by Zoom. Absent: Bobby Koepplin.

     Others: City Administrator Gwen Crawford, City Attorney Carl Martineck, City Planner Joel Quanbeck, Acting Secretary/City Assessor Sandy Hansen, Assistant City Building Inspector Lance Coit, City Engineers Chad Petersen (KLJ) & Tracy Eslinger (Moore Engineering), and Engineer Technician Dan Bernhardt (City of Valley City).

     Audience members: Mike Strom (KLJ), Bruce Hoyt, Doran & Liz Chandler, Dawn Ihry, Tim Ost, Chad Zaun, Brandon Christ, and Mark & Patty Oberlander.

     Bill Carlblom moved to approve the Minutes of the August 11^th, 2021 regular meeting, seconded by Mike Bishop, followed by roll call and approval.

     Chair Mike Schell told the audience that the first public hearing listed on the agenda regarding Beyer Industrial Acres had been postponed at this time and the meeting would proceed without that item.

Building Inspector Report

     Building Inspector Mike Blevins had sent the board an email outlining current building projects; year to date there’s been 52 total permits and no issues to be reported at this time. He added the Barnes County jail is substantially complete and a full certificate of occupancy should be issued by the end of the month; VCSU Art Center is planning for substantial completion by the week after Thanksgiving; and Concept Dental on West Main should also see substantial completion within 60 days.

Public Hearing for replat request of Lots 2-4, 11-16, and 19-21, Block 1 of Prairie View Addition. Recommendation to City Commission.

      Chair Schell opened the public hearing. As most of the audience members were in attendance regarding this hearing, Schell explained that the land zoning and use had not changed; the developer was simply redrawing lot lines to take the FAA’s Runway Protection Zone for Runway 31 into consideration to be sure that area was only used as green space, and also to allow for possible townhome construction on a couple of the other lots. Tim Ost spoke regarding property questions to the east of Prairie View where he and the other’s homes were located; his concerns were about their tree plantings along the border between these two subdivisions, with some trees possible over onto the Prairie View land, plus some newer additions within five feet of property lines. He asked how that will ‘play out.’ Bruce Hoyt was there to speak for the Prairie View developer; he said he personally likes trees but could not speak for future owners. Ost also mentioned there had been some flooding issues in the past that were helped by land buildup on the sites to be developed. Schell answered that concern by saying any development would need a storm water management plan to proceed. Hoyt also added that plans were for water to run to the west and he didn’t think that needed to be a worry of theirs. When asked if there was a schedule for development, Hoyt said that for now the land is for sale and nothing is scheduled for building at this time. Jim Wright moved to close the public hearing with Bishop a second. With no internal conversation, Wright moved to recommend approval of the application for the replat as stated to the City Commission with Bishop a second and board approval.

Public Hearing for replat request of Lots 10-12 of Andrus & Sifton’s Addition (Valley City State University). Recommendation to City Commission.

      Chair Schell opened the public hearing. Mike Strom of KLJ spoke for VCSU and explained that the replat maintains a utility easement located in the existing alleyway but vacates the alley and combines it with the proposed parking lot. There will be a new, wider alley on the north edge for those neighboring properties to have continued access to the back of their lots. The changes will provide parking adjacent to the new fine arts building and improve pedestrian safety. Strom added that he was contacted with questions by property owners Mike Watterson and MDU and they were satisfied with his answers. Bishop moved to close the public hearing with Carlblom second and board approval. With internal discussion, Wright asked if there was a minimum width for alleys and if the proposed 30’ would work for emergency vehicles; he was assured that the 30’ was more than required and that firetrucks needed a minimum 26’ width. Wright moved to recommend approval to the City Commission with Carlblom a second and board approval.

Open Public Hearing for Replat and Variance request of Lot 1 Block 2 West 5^th Addition, and Lots 1-2 and Outlot A Block 1 NP West 6^th Addition. Recommendation to the City Commission.

      Chair Schell opened the public hearing. Strom also spoke to this request. This is city-owned land and Dave Zubrod is interested in purchasing it to put up a large storage building. The replat would remove the existing Outlot A and incorporate it into Lots 1 & 2 of Block 1, and also provide access for both Lot 2, Block 1 and Lot 1, Block 2 with an ingress/egress easement that lines up with 18^th Ave SW on the other side of West Main. City Engineer Chad Petersen also talked with Zubrod and staked out the Right Of Way (ROW). It was pointed out that the church to the west of this property was built right on the border of the ROW which could be used as a point of reference for Zubrod’s proposed building. He added that Zubrod wants to avoid cutting into the north bank of the property (previous railroad bed) as he’s worried about disturbing possible underground springs and that he in fact will be putting in a retaining wall on that side as extra precaution to protect his building. Bishop moved to close the public hearing with Carlblom second. In internal discussion, City Planner Joel Quanbeck said he would like any motion to approve to include the language that “if one were to build in accordance with the setback it would result in the building cutting into an easement that covers the rail bed. The building should not encroach on that easement. Additionally, there is a large swath of ROW owned by the NDDOT for West Main Street that will never be used. Note that the church building to the west of this property is located nearly adjacent to its south property line. The ROW serves as a substantial buffer that accomplished the function of a setback.” Bishop moved to recommended approval to the City Commission with that recommended additional language, with Wright seconding and board approval.

Consideration of zoning map revision. Recommendation to the City Commission.

      Chair Schell turned discussion over to Quanbeck, with Engineer Technician Dan Bernhardt  distributing individual smaller maps with a large map for review. Quanbeck pointed out that this latest map added the University District not previously listed. City Administrator Gwen Crawford said that this map needs to be approved by this board and the City Commission before they could move ahead with creating an updated extraterritorial boundary. Bernhardt pointed out that all new annexations are represented on this map. Wright questioned the R-2 zoning designation in his own neighborhood along 4^th & 5^th Ave SW by the college; he had always thought it was R-1.  Bishop moved to recommend approval to the City Commission contingent on having that area in question researched, with Carlblom seconding and board approval

Adjourn

     With no other items to discuss, Chair Schell called for the meeting to close at 4:38pm.

Submitted by: City Assessor Sandy Hansen, Acting Secretary

Chair Mike Schell presided and called the meeting to order at 4:00pm on Wednesday, August 11^th, 2021. Committee Members present: Bobby Koepplin, Mike Bishop, Jim Wright, Dave Carlsrud (4:24 via phone) and Bill Carlblom. Absent: Joe Faure.

     Others: City Administrator Gwen Crawford, City Planner Joel Quanbeck, Acting Secretary Brandy Johnson, City Building Inspector Mike Blevins, Assistant City Building Inspector Lance Coit.

     Jim Wright moved to approve the Minutes of the July 14^th, 2021 regular meeting, seconded by Carlblom.  Motion carried.

Building Inspector Report

     Building Inspector Mike Blevins had sent the board an email outlining current building projects; there have been 10 permits issued for July and no issues to be reported at this time.

Public Hearing for replat request of Original Townsite Block 17 lot 15 (Fire Department Expansion).  Recommendation to City Commission

      Chair Mike Schell opened the public hearing.  George Miller questioned the letter he received in the mail and requested to see a picture however it was for the next item.  No other questions from the public.  Bishop moved to close the hearing, with Carlblom a second and board approval.  Schell opened internal discussion.  Bishop moved to approve, with Carlblom a second and board approval.

Public Hearing for replat request of Grangers Subdivision Lots 9 & 10 (Sullivan residential development).  Recommendation to City Commission.

      Chair Schell opened the public hearing.  Jim and Austin Sullivan gave an overview of what their plan is.  Austin Sullivan stated he believed the property was zoned commercial in the past to now R4, they are planning to do single family lots.  They are wanting to make sure the lot size and plan is okay with the city and everyone else and Austin stated he believed there was a question with drainage.  That will be brought up late with how big and where the water discharges.  The engineer emailed Joel and said it was about 10,000 sq. ft.  One if not two of the lots in the southwest corner would be used for the ponds.  Drainage is still being discussed with the engineer.  James Jensen stated they were told they needed a plan of where the drainage and ponds would be just to show that we’ve planned for it and the actual engineering could come later.  This is more of a preliminary plan to show that this could potentially work.  Bishop questioned if the beehive drain that is there now would be adequate to handle this much run off.    Quanbeck stated he believed that the determination hasn’t been made yet.  They have looked at the size of the area and determine what the water runoff will be that is greater than it is now and determine what size detention pond is needed to accommodate that much additional runoff.  The way the water gets from the site into the drainage isn’t something that has been finalized but would have to be completed before development is allowed.  Clyde Williamson stated every spring and summer he gets a pump from the city to pump that area out and he’d rather not have a detention pond.  Schell explained that the detention pond with an outlet would help alleviate his issue.  They won’t be able to build anything until something is engineered to take care of some of that storm water and the drainage from the driveways.  Schell questioned sidewalks.  Jim Sullivan stated in all the developments they propose sidewalks in if it’s on a primary road we propose to put it in on one side right away.  If it’s in a residential area we put it in the agreement that it has to have a sidewalk as the builder pulls permit and the seal can’t be given until the sidewalk is in.  Tim Hank questioned what kind of structures would be built.  Jim Sullivan responded that it would be subject to planning and zoning and setback.  James Jensen stated it would be houses that are closer together that are a little more affordable than what’s available now, they would have a 3 stall garage set in front of the houses.  A 20 foot easement is also planned so public works can get their vehicles in for what they need.  Quanbeck stated the current plat doesn’t reflect the easement so it would need to be pursuant to the change that was discussed and that easement is not intended as a driveway.  Bishop moved to close the public hearing, with Wright a second and board approval.  Schell opened to internal discussion.  Schell stated the recommendations need to include a 20 foot easement and sidewalks.  Koepplin questioned having a dedicated public space.  There hasn’t been any consistency with that.  If we make one developer do it we need to make them all do it unless there is a special circumstance.  Sullivan stated it was discussed and weren’t opposed to it will but questioned if it be park space and the park board maintains it or how that works.  Joel responded that there are two ways it’s typically handled, it is part of the homeowner’s agreement and they take on the responsibility or it is dedicated to the public and the park district takes care of it.  Koepplin added that another measure that was discussed a payment in lieu of based on the square footage of the development.  This is not in action, it was just a discussion.  Koepplin moved to recommend approval to the city for the replat with the conditions as stated, Bishop with a second and board approval.

Roll Call: Wright-aye   Carlblom-aye   Carlsrud-aye Koepplin-aye   Bishop-aye  Schell-aye

Adjourn

     With no other items to discuss, Chair Schell called for the meeting to close at 4:36 pm.

Submitted by: Administrative Assistant Brandy Johnson, Acting Secretary

     Chair Mike Schell presided and called the meeting to order 4:00pm on Wednesday, July 14^th, 2021. Committee Members present: Bobby Koepplin, Mike Bishop, Jim Wright, Dave Carlsrud and Bill Carlblom. Absent: Joe Faure.

     Others: City Administrator Gwen Crawford, City Planner Joel Quanbeck, Acting Secretary/City Assessor Sandy Hansen, City Building Inspector Mike Blevins, Assistant City Building Inspector Lance Coit.

     Audience members: Chad Petersen (KLJ), Tracy Eslinger (Moore Engineering), Mike Strom (KLJ), Pat Edinger and Arvid Winkler. Jennifer Feist with VCBCDC attended by zoom.

     Bill Carlblom moved to approve the Minutes of the June 9^th, 2021 regular meeting, seconded by Mike Bishop, followed by roll call and approval.

Building Inspector Report

     Building Inspector Mike Blevins had sent the board an email outlining current building projects; year to date there’s been 34 total permits and no issues to be reported at this time.

Public Hearing for plat & variance requests of a rural parcel located east of County Road 19, north of 35^th St SE and south of Elm Street (Lunde property). Recommendation to City Commission.

      Chair Mike Schell opened the public hearing. Mike Strom spoke on the details of the plat and variance request; Chris Lunde is selling part of his property to the city and needed to parcel out lots of the property he owned plus add an access road to offer access to all the parcels. Schell asked how it was zoned; Strom answered that the county does not have a specific zone. City Planner Joel Quanbeck said in his research it is either B-2 or Ag, either of which would allow the request for a plat to move forward. After discussion regarding the one-mile extraterritorial map, Quanbeck said more research needs to be done on the extraterritorial zoning issues and possible annexation. City Administrator Gwen Crawford said that in regards to the contract between Lunde and the City that annexation was off the table. Bobby Koepplin asked why a variance was needed to allow for a 50’ wide road instead of the standard 68’ and was told it was to allow for the larger sizes needed for the bordering lots, and that the 50’ would be more than enough for how it was going to be used. Jim Wright moved to close the public hearing with Carlblom second and board approval. Koepplin moved to recommend approval of the application for the plat and variance as stated to the City Commission with Bishop a second and board approval.

Public Hearing for replat request of Block 4 Beyer Industrial Acres (Meyer property). Recommendation to City Commission.

      Chair Schell opened the public hearing. Quanbeck explained that the Meyer’s own the east half of Block 4 and did not have direct frontage for future development required by zoning regulations so a replat was needed. It came to light that the Meyer’s were planning a land swap with the property owner to the west to cover the easement they need for the frontage access. So the replat will need an immediate boundary change to reflect that swap. Bishop moved to close the public hearing with Carlblom second and board approval. With internal discussion, it was decided to move forward so the request could be resolved, with Schell stating he would make sure the line correction was made before he signed off on the final approval of the replat. Koepplin moved to recommend approval to the City Commission with the condition the changes were made before sign-off, with Bishop a second and board approval.

Open Public Hearing for text amendments to Titles 11 and 16 of the Valley City Municipal Code. Recommendation to the City Commission

      Chair Schell opened the public hearing and turned the discussion over to Quanbeck. The board was provided with breakdowns of five points of discussion: Section 11-03-11 – R-4 Multi-Family Residential District, Yard Requirements Chapter 11-04 – Measurement, Section 11-06-02 – Off-Street Parking, Payment in Lieu – Public Land Dedication in regards to Section 16-01-05 – Design standards for plats, and Sidewalk Construction in regard to section 16-01-06 – Required site improvements. Quanbeck tabled further discussion on the Payment In Lieu section as he was unexpectedly sidelined by injury over the weekend and wasn’t able to finish preparation on that subject. As for the other four points, there was long discussion over each section. When all questions had been answered, Koepplin moved to close the public hearing with Bishop a second and board approval. Quanbeck requested that approvals to the City Commission be presented at their August 3^rd meeting rather than next week’s to allow him time for definition of proposed changes and the board agreed. Koepplin recommended approval to the City Commission of the off-street parking requirements as presented, with Wright seconding and board approval. Koepplin recommended approval to the City Commission of the yard requirement changes as presented with the addition of the bay window modification to include all size bay windows as discussed, with Bishop seconding and board approval. Koepplin recommended approval to the City Commission of the R-4 Multi-Family District changes as presented, with Wright seconding and board approval. And Koepplin recommended approval to the City Commission of the Sidewalk Construction requirements as presented with the addition of following ADA requirements regarding size as discussed plus further definition of impracticality, with Bishop seconding and board approval.

Open Public Hearing for text amendments to Titles 11 of the Valley City Municipal Code for official zoning map changes. Recommendation to the City Commission

      Chair Schell opened the public hearing and again turned discussion over to Quanbeck who explained that the current zoning map used colors and categories – specifically NA, Other, FEMA & Public – that didn’t have related zoning districts defined in the City’s zoning text, and if lots were not defined correctly they would default to Agriculture. This needs to be addressed and corrected. He also suggested that a new district should be considered for the Valley City State University campus – a “University” district. With the number of changes to consider plus the consideration of an additional district, it was determined it was not complete enough to vote on at this time. Bishop moved to close the Public Hearing with Wright second and board approval. Wright moved to table the decision with Bishop seconding and board approval.

Adjourn

     With no other items to discuss, Chair Schell called for the meeting to close at 5:48pm.

     Chair Mike Schell presided and called the meeting to order 4:00pm on Wednesday, June 9^th, 2021. Committee Members present: Jeff Erickson, Mike Bishop and Bill Carlblom. Absent: Bobby Koepplin, James Wright and Joe Faure.

     Others: City Attorney Carl Martineck, City Administrator Gwen Crawford, City Planner Joel Quanbeck, and Acting Secretary/City Assessor Sandy Hansen.

     Audience members: Chad Petersen (KLJ), Tracy Eslinger (Moore Engineering), and Engineer Technician Dan Bernhardt (City of Valley City).

     Mike Bishop moved to approve the Minutes of the May 12^th, 2021 regular meeting, seconded by Bill Carlblom, followed by roll call and approval.

Decision regarding Valley City State University Center for the Arts variance application

      The variance request was dropped by VCSU – no decision necessary.

Consider amendments to Titles 11 & 16 of the Valley City Municipal Code including official Zoning Map amendments. Discussion only.

      Chair Schell turned the discussion over to City Planner Joel Quanbeck. After City Attorney Carl Martineck interjected that Quanbeck had met with the city staff the previous week regarding the zoning map changes and he has the support of city staff, Quanbeck proceeded. He pointed out the current map has zones marked in yellow and identified in the legend as Public, as well as areas indicated as Other, NA & FEMA – that are not referenced by the city’s ordinances, creating a ‘disconnect.’ The current map also does not have overlay districts showing the floodway, floodplain, and two zones related to the airport. Quanbeck created a new working map to address those issues and presented it to the board, high-lighting those areas – mostly public and government-owned parcels – where he recommended zoning changes more in line with their use and location. He also proposed a separate university zoning district for the VCSU parcels and some surrounding property. Martineck added that the biggest issues are when questions arise regarding what can and can’t be done on a property and there’s no ordinance definition; these changes would match the ordinance information on hand. Quanbeck went on to discuss zoning for the airport property and corrections to the ordinance regarding it, and the overlay districts for the floodway & 100-year floodplain. City Administrator Gwen Crawford wanted to be sure that non-conforming/non-compliant properties were brought into compliance either by rezoning or conditional-use permits prior to approval of the new zoning map; those issues will also be considered. Schell acknowledged that the book hadn’t been closed when the previous map was approved, and he was appreciative of Quanbeck’s efforts with these corrections.

       Quanbeck moved on to proposed ordinance changes. Regarding off-street parking requirements, he suggested adding a section ‘e’ to the ordinance with language that would allow for more flexibility in determining the number of parking spaces needed for a business or area. Another issue was concerning setback requirements, especially when considering front yard decks. He offered some language that better defines and interprets the current ordinance; Martineck added this was being done to try and get away from ‘unwritten rules.’ Quanbeck said that other issues to consider pertaining to ‘rational consistency’ included: corner setbacks, setbacks for attached residences, lack of setbacks and yard requirements for detached single family residences in an R-4 district, and PUD setbacks. Discussion moved on to Public Land Dedication and Payment in Lieu requirements. Quanbeck suggested the current ordinance needs to be more definitive and needs to provide a basis for the Planning & Zoning recommendations.  Currently there is no specific plan for parks of any size in any particular location; land dedication or payment in lieu from new developments would help fund what otherwise is hard to fund. Tracy Eslinger offered that other communities he has worked with had language where park amenities could be offered in lieu of payment – he added that any option should be payment ‘up front’ so the current residents of a new development could benefit from the contribution made.

     The final topics were regarding sidewalks and apartment complexes. Quanbeck’s recommendation is that sidewalks should be required in new developments unless there’s a practical reason to not have them, or if it involves proposed developments with much larger lots similar to the rural estates allowed at other cities in the region. He suggested a master plan showing the area to be exempted would need to be approved first. Quanbeck commented the board should be consistent with the policy in place. Regarding apartment complex limitations, he noted that the existing ratio of lot size to unit number could be extended for larger complexes, and that would be the simplest thing to do to be consistent with regulations in an R-4 zoning district. He added that currently R-4 has no requirements for side-yard or front-yard setbacks for detached single family units; he said that because of the greater density, smaller but reasonable setbacks should be in place.

     Chair Schell asked if some of these issues could be voted on in the July meeting to try and get some of it “off their plate.” Martineck reminded him that a public hearing would be needed for ordinance amendments; Quanbeck said there were some items at the red-line stage and he would have his recommendations ready for the next month.

Building Inspector Report

     Interim Building Inspector Mike Blevins had sent the board an email outlining current building projects; a request was made to put the building inspector report first on the Planning & Zoning agendas from now on.

Adjourn

     With no other items to discuss, Chair Schell called for the meeting to close at 5:41pm.

Submitted by: City Assessor Sandy Hansen, Acting Secretary