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10.12.2021 Planning and Zoning Minutes

     Chair Mike Schell presided and called the meeting to order 4:00pm on Tuesday, October 12th, 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 8th & 9th Ave NW and north of 10th 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 9th 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 11th 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 9th Ave NW. Strom said that 9th 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

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9.14.2021 Planning and Zoning Minutes

     Chair Mike Schell presided and called the meeting to order 4:00pm on Tuesday, September 14th, 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 11th, 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 5th Addition, and Lots 1-2 and Outlot A Block 1 NP West 6th 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 18th 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 4th & 5th 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

Minutes Available text with City of Valley City Logo above

8.12.2021 Planning and Zoning Minutes

Chair Mike Schell presided and called the meeting to order at 4:00pm on Wednesday, August 11th, 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 14th, 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

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7.17.2021 Planning and Zoning Minutes

     Chair Mike Schell presided and called the meeting to order 4:00pm on Wednesday, July 14th, 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 9th, 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 35th 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 3rd 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.

Minutes Available text with City of Valley City Logo above

6.9.2021 Planning and Zoning Minutes

     Chair Mike Schell presided and called the meeting to order 4:00pm on Wednesday, June 9th, 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 12th, 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

Minutes Available text with City of Valley City Logo above

5.15.2021 Planning and Zoning Minutes

     Chair Mike Schell presided and called the meeting to order 4:00pm on Wednesday, May 12th, 2021. Committee Members present: Jim Wright, Jeff Erickson, Joe Faure, Bobby Koepplin, Mike Bishop and Bill Carlblom. 

     Others: City Attorney Carl Martineck, City Administrator Gwen Crawford, City Planner Joel Quanbeck, Acting Secretary Sandy Hansen, Building Inspectors Mike Blevins and Lance Coit. 

     Audience members: Chad Petersen (KLJ), Jan Reed, Bruce Hoyt, Arvid Winkler, Tracy Eslinger (Moore), John Hill, Jeff Nathan, and Wesley Wintsch (VCSU). Attending by Zoom: Mike Strom, Steve Nagle, Kelly Kohn, Jennifer Stainbrook, Lela & Ray Grim, Matt Pedersen.

     Jim Wright moved to approve the Minutes of the April 14th, 2021 regular meeting, seconded by Bill Carlblom, followed by roll call and approval.

Public Hearing for petition to vacate 15th Ave NE between East Main and 2nd St NE

            Chair Mike Schell opened the public hearing. Bruce Hoyt, the developer for the project, reported that property owners on both sides of the vacated street (Tim Durheim for Smith Lumber and George Gaukler for Valley Lumber) were in agreement that the project go forward. With no other public comments, Bobby Koepplin moved to close the public hearing with Joe Faure seconding and roll call approval. 

     Schell opened internal discussion. Koepplin asked Hoyt if plans are to keep the street a drive-through, and Hoyt replied that nothing will change. Commenting that this action would take that portion of the street off City hands, Koepplin moved to recommend to the City Commission approval of the vacation with Wright seconding and unanimous board approval.

Public Hearing for application to amend a Planned Unit Development (PUD) and replat for Outlot Y Harvest Valley Townhomes Subdivision

      Chair Schell opened the public hearing. As there were no public comments, Mike Bishop moved to close the public hearing with Carlblom second and board approval.

     Schell opened internal discussion. City Planner Joel Quanbeck presented his findings to the board which were digitally shared prior to the meeting; he suggested if the board moves to approve, his list of housekeeping items should be included in the motion as follows: a) The items previously noted as “additional subdivision design requirements that are not needed to review and approve a preliminary plat” be provided for the record and meet city engineering standards, 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 Section 16-01-06, d) The applicant shall ensure that all site improvements are consistent with all applicable design standards and infrastructure requirements, and e) There must be a Homeowners Association Agreement or something of a similar nature with required membership of all property owners within the PUD – this Agreement must address and ensure maintenance of the shared buildings and of the shared common spaces. Bishop moved to recommend to the City Commission approval with those added comments, with Wright seconding and unanimous roll call approval.

Public Hearing for plat, zoning and variance requests of undeveloped land located west of 8th Ave SE and south of 10th St SE, to be called MeadowView Estates 

     Chair Schell opened the public hearing, adding that there were four items to make decisions on and they included a sidewalk variance, a lot depth variance, a rezone request and a plat. Bruce Hoyt presented the plans to the board, asking that they address the plat first. He requested they approve the second plat submitted that had the street going up the middle, and the developer would put in the infrastructure (street, water, sewer, etc) himself as they did not know at this time what neighboring properties have planned for the future. Quanbeck said that regulations consider it not good practice to have double frontage streets for efficiency reasons and lower future costs to the property owners. He recommended the first plat that was not the developers’ preferred plan but acknowledged there were unusual circumstances. Wright moved to close the hearing with Bishop seconding and the board in agreement.

     Schell opened internal discussion. Wright asked Hoyt why they wanted the road down the middle; Hoyt said it was for more control of the situation and that it would allow them to proceed without delay. Koepplin said he understood the challenge and the board should approve the second plat and let them get it done. Bishop made a motion to recommend the City Commission approve the second plat, with Faure second; after Koepplin asked it be subject to the plat updated with utility easements added to the plat prior to sign-off, the board was in unanimous agreement.

     Leaving the hearing closed, the board addressed the rezone from agricultural to R-1 residential. Koepplin moved to recommend a do-pass to the City Commission with Bishop seconding, and unanimous board approval. Next, they reviewed the two variance requests. The first was to allow shorter lot depths from the required 100 feet for subdivisions to 97.5 feet to fit into the proposed development space. Bishop moved to approve the shortened lot variance with Wright second and board approval. The second variance was a request to remove the requirement for sidewalks in new subdivisions. Hoyt said that the property owner does not want sidewalks and as a developer, Hoyt understood why they are required but also feels these are special circumstances as the sidewalks would lead nowhere. Quanbeck agreed that this proposed development has a more rural, suburban character that would allow for and make more sense to bypass the sidewalk requirement. Koepplin moved to approve the variance for no sidewalks with Bishop seconding; the board split on approval with Erickson, Faure and Wright voting nay and Chair Schell breaking the tie with a ‘yes.’

Consider Hidden Pond Estate PUD Geotechnical Report and make recommendations regarding the Planned Unit Development and replat

     Chair Schell opened the discussion relating how he had walked thru the property in question with Ray & Lela Grim and Jennifer Stainbrook. Questions from the neighboring property owners had been referred to the developers and were answered; the developers had an extensive geotechnical survey done to further take care of concerns regarding stability of the land, underground spring locations and future water run-off issues. Speaking for the developers, Bruce Hoyt said they felt confident they were not going to cause any problems for neighbors as they move forward; he added that new construction would have its own bermed pond and that, instead of adding 12 feet of fill, they would be adding a walk-in basement to the future twinhome. The firm who did the geotechnical study would be on hand as the development moves forward to do any future borings and monitor for any concerns. The neighbors attending said they were happy with the answers to their questions and they were looking forward to the walking path through the wooded areas. Koepplin moved to recommend the City Commission approve the PUD and replat request with Quanbeck’s added conditions of: a) Stormwater runoff from the proposed development be addressed in a way consistent with stormwater management, b) Any potential walking paths are located at least 25-ft from adjacent property, c) The question of dedication of part of the proposed subdivision for public use be decided on the basis of historical precedent and any relevant changes to city policy, d) The four 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, e) All infrastructure required to serve the proposed development have easements as required by Title 16 of the VCMC and city engineering standards, f) 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 and, g) The applicant shall ensure all site improvements are consistent with all applicable design standards and infrastructure requirements. Carlblom seconded the motion. Wright asked how this project qualifies as a PUD being that there’s only one structure plus one that’s already built, and there’s no plans for multiple structures. City Attorney Carl Martineck said that legally it qualifies as a PUD and he’s comfortable allowing the project to move forward. He added that without a PUD designation this development wouldn’t work because they would not be able to get the variances needed. Quanbeck added that, in his original report, he pointed out the use of a PUD was consistent as a creative & efficient use of the land available, and there was not a lot of buildable land on that site. It also saves the city money as the streets and maintenance in the PUD will be on the developer. Wright didn’t agree with the assessment. The vote moved forward with most of the board members approving – Wright & Erickson voted nay.

Public Hearing for application for a variance from the Valley City Floodplain Regulation in regards to the new VCSU Center for the Arts building.

      Chair Schell opened the public hearing. Wesley Wintch, Vice President of Business Affairs for VCSU, requested a variance to allow construction of the new Center for the Arts Building to continue at the FEMA-regulation 1 foot above Base Flood Elevation (BFE) instead of the State-regulation 2 feet BFE. To meet North Dakota Century Code, the university would have to install slats & brackets at entrances, and with no history of flooding of nearby buildings and new flood walls under construction throughout the city, the project’s architects feel that this approximate $100,000 of water-proofing measures is unnecessary. After discussion, it was determined that because of concerns that the adjustment would affect the insurance class rating for the City of Valley City, more research needed to be completed to see if that would be the case. Wintch agreed the decision could wait a month so these questions could have more definitive answers. Wright moved to close the hearing with Bishop seconding and board approval. Koepplin moved to table the issue until the June 9th meeting with Faure a second and roll call approval.

Consider amendments to Titles 11 & 16 of VCMC, re: subdivision sidewalks, R-4 Multi-Family Residential District density, and off-street parking requirements. Discussion only.

      Chair Schell opened discussion. Because the sidewalk issue keeps coming up with each new subdivision, the board talked about the standard requiring sidewalks and if that should be changed or to keep considering variance requests. Martineck pointed out that if they keep the regulation, they need to determine how to refine and enforce it but he agreed the current regulation is too restrictive. Schell asked Quanbeck to research the issue for the board and make recommendations. In R-4 discussion, Martineck said that everything built since the current ordinance was adopted is out of compliance in regards to unit-limitations on apartments buildings. The board discussed lot size and height limitations; Schell asked Quanbeck to research the issue for the board and make recommendations to correct the ordinance. Quanbeck had requested the discussion on off-street parking for commercial properties because the current language is too restrictive and ‘overkill’; he suggested more flexibility and alternatives be added to the language. Martineck added another issue with the zoning map and the definition of public spaces; Quanbeck said that the term does not match up with the zoning ordinance and he would like to research a change to make map and text the same. He looked forward to these projects. Koepplin also asked for research on a better definition of ‘payment in lieu’ on public spaces in new developments. Quanbeck wrapped up with the need to address setbacks and decks, i.e. what to do when a deck encroaches on a front yard setback; inconsistencies need to be researched.

Building Inspector Report

     Interim Building Inspector Mike Blevins had sent the board an email outlining current building projects; he had nothing else to add and the board had no questions for him at this time.

Adjourn

     With no other items to discuss, Chair Schell called for the meeting to close at 5:59pm.

Submitted by: City Assessor Sandy Hansen, Acting Secretary

Minutes Available text with City of Valley City Logo above

4.14.2021 Planning and Zoning Minutes

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

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

     Audience members: Chad Petersen (KLJ) and Clyde Williamson. Attending by Zoom: Mike Strom, Cory Ravnaas, Kirk Olson, Chester Flath, Kevin Rohde, Todd Ingstad and other family members, Tammy Jacobson, Dan Larson.

     Jim Wright moved to approve the Minutes of the March 10th, 2021 regular meeting, seconded by Bill Carlblom, followed by roll call and approval.

     Chair Mike Schell called for Agenda Item 7 to be moved up to 4th position and other agenda items to shift down for better time management.

Public Hearing for replat request of Lot 1 Block 3 Waterfront Meadows Addition

      Chair Mike Schell opened the public hearing. Clyde Williamson, who has property that shares a fence line with the Waterfront Meadows properties, expressed some concern about whether he would be able to continue mowing on the outside of the fence to discourage his horses from reaching through; Schell recommended that he talk to property owner Don Eberle about that issue. As there were no other public concerns Mike Bishop moved to close the public hearing with Carlblom seconding and board approval.

     Schell opened internal discussion. City Planner Joel Quanbeck recommended that the right of way on the west side of the replatted, expanded property be moved down to the southern edge of Lot 1. Bobby Koepplin moved to recommend the city commission approve the replat with the recommended revision of changing that right of way; Carlblom seconded with the board in unanimous approval.

Public Hearing for platting request of undeveloped land located west of 117th Ave SE and north of BNSF Railroad, to be called Ingstad North Valley Subdivision

      Chair Schell opened the public hearing. Todd Ingstad explained the family was creating three residential lots of substantial size; no development plans were ready at this time. Cory Ravnaas of Hylalite Engineers, representing the Ingstad family, added it was a straightforward application that meets Valley City’s zoning requirements, asking for fewer lots than what it there now with limited impacts. As there were no other public comments, Wright moved to close the public hearing with Joe Faure seconding and board approval.

     Schell opened internal discussion. Koepplin asked how the property was currently zoned. After some discussion it was determined that the city zoning map showed it would be R-1. Bishop moved to recommend the city commission approve the platting request with Wright seconding and the board in unanimous approval.

Public Hearing for petition to vacate an undeveloped portion of 11th St SE adjacent to Outlot A and Replat of Black 4 Granger’s Addition

      Chair Schell opened the public hearing. Kirk Olson had a question on if the vacation was for the full 11th Avenue or just a portion; Schell said the application was for just a portion. Olson asked if the alleyway would still be city property; Schell confirmed the petition was just for the street. It was also verified that owners on each side of the vacation would get half ownership with the city paying to replat to show the even split. As there were no other questions, Bishop moved to close the public hearing with Carlblom seconding and approval.

     Schell opened internal discussion. Koepplin asked if it should be all the street instead of just a portion and Schell pointed out that was not the request at this time. With no other discussion, Bishop moved to recommend the city commission approve the request with Wright a second, followed by unanimous approval.

Public Hearing for replat, street vacation and variance requests of undeveloped land located between 8th & 9th Ave NW and north of 10th St NW – includes Lots 4-8 and part of Lot 3 Block 1 Hyland Park Addition, plus Lots 3-7 & part of Lot 2 Block 2 Replat of Hyland Park Addition

      Chair Schell opened the public hearing. He noted that a petition had been submitted from homeowners in this area objecting to the plans; he added that citizens can affect changes in most instances but it won’t affect this property at this stage since it is zoned correctly for what the developer wants to do. Schell also said the petitioners asked for changes to the R-4 designation but that could not be done for just one property without affecting all R-4 properties. He said the petition has value but there are other proceedings that need to be done before anything can be done regarding their concerns. Kevin Rohde had questions about what he heard might be a substantial increase in special assessments for neighboring homeowners because of this project. He was also worried about the construction equipment having impacts on the residential streets. Mike Strom of KLJ, representing the developer, explained it was a private development fully-funded by the developer – there should be no extra special assessments to the neighbors, and the storm water would be managed on site. Koepplin said that if there was any damage to the streets on his property frontage, that would be a matter for the property owner and the city to take up. Rohde asked about sidewalks on his property and that the plans were too vague; Schell said that no sidewalks would be added outside of the development property lines. Chad Petersen pointed out the city ordinances state that the most direct truck routes should be used for a haul road and suggested a conversation with the developer should be had regarding that issue. Koepplin moved to close the public hearing with Wright a second and board approval.

     Schell opened internal discussion. It was decided to take up the request in three different parts regarding the separate issues, starting with the street vacation. Koepplin moved to recommend approval of the vacation of the street with Wright a second and unanimous board approval. Variance discussion on sidewalks was next. City Attorney Carl Martineck said that the developer had not met the conditions of proving that sidewalks weren’t necessary, and that he was going to recommend to the board not to approve the variance request. Schell added that the City Commission had made it clear a few years back about the need for sidewalks in new developments. Wright moved to recommend a denial of the request for the variance with Jeff Erickson seconding and the rest of the board except for Koepplin following suit to deny the request. The board moved on to the replat request. Erickson questioned the need for another 36-plex, pointing out that the R-4 zoning allows only for up to a 24-plex. Schell said it may have been allowed in the past but at some point the board needs to follow their own regulations. He added he had no problem with the plat as presented with the 16-unit townhomes, but questioned whether they should approve it with a 36-plex. Koepplin said a 24-plex may not be feasible for the developer based on per unit costs. He moved to approve the plat as presented. More discussion followed regarding if approval would extend to allowing for the construction of a 36-plex or if that would fall on the building inspector when permits were issued. Martineck said that the plat could be approved if the size of the building was addressed. Quanbeck agreed that the plat should be approved but the developer needs to recognize the zoning does not allow for what he intends to do. Koepplin expressed concern about addressing the need for better R-4 definitions regarding the number of units allowed for multi-family dwellings. Schell asked for a motion to satisfy what they were trying to approve. Wright moved to recommend the city commission approve the plat subject to R-4 regulations, with Faure seconding. The board approved with Koepplin and Erickson as nay votes.

Public Hearing for amendments to Chapter 7-01 and Chapter 11-07 of the Valley City Municipal Code

      Chair Schell opened the public hearing. Martineck asked the board to approve an administrative penalty for building without a permit, building without conditional use permit or variance if required, or building in violation of building codes. Currently the only recourse is to charge someone with a Class B misdemeanor in municipal court or sue them in district court if any of these transgressions take place; this would make the process more efficient and effective to endorse penalties. Schell had questions on why the planning & zoning board has final say on this as written. Koepplin said the board’s responsibility is to make recommendations to the city commission. Schell asked for Carlblom’s input as a county commissioner regarding how their board handles fines, and he said that the county building inspector monitors permits and enforces what needs to be enforced. Further discussion clarified that the collection of fines would fall to City Hall but there needed to be a board involved for the appeal process if someone wanted to appeal their fines. Koepplin asked if it could be tabled until further research was submitted. City Administrator Gwen Crawford said that she had contacted Jamestown, Wahpeton and West Fargo and asked how they proceeded and that information was taken into account. Wright moved to recommend the city commission approve the amendments with Bishop seconding. The board approved with Koepplin and Erickson as nay votes.

Building Inspector Report

     Interim Building Inspector Mike Blevins had sent the board an email outlining current building projects; he had nothing else to add to that other than construction activity is picking up.

Adjourn

     With no other items to discuss, Chair Schell called for the meeting to close at 5:23pm.

Submitted by: City Assessor Sandy Hansen, Acting Secretary

Minutes Available text with City of Valley City Logo above

3.10.2021 Planning & Zoning Minutes

Chair Mike Schell presided and called the meeting to order 4:00pm on Wednesday, March 10th, 2021. Committee Members present: Jim Wright, Jeff Erickson, and Bill Carlblom. Joe Faure and Bobby Koepplin were present by teleconference. Mike Bishop was absent.
Others: City Attorney Carl Martineck, City Administrator Gwen Crawford, City Planner Joel Quanbeck, City Assessor/ Acting Secretary Sandy Hansen, and Building Inspector Lance Coit. Building Inspector Mike Blevins attended by Zoom.
Audience (by Zoom) members: Chad Petersen & Mike Strom (KLJ). Tracy Eslinger (Moore Engineering), Kelly Kohn, Jennifer Stainbrook, Ken Reid, and Lela & Raphael Grim.
Jim Wright moved to approve the Minutes of the January 13th, 2021 regular meeting, seconded by Bill Carlblom, followed by roll call and approval.
Public Hearing for preliminary plat and Planned Unit Development (PUD) rezone application for parts of Lot 16 of the Replat of Scherr’s Addition and parts of Blocks 2 & 3 of Frances Pearl Brown’s Subdivision of Tract No. 3 of Mary M Zetterberg’s Plat of part of the NW Quarter of Section 21 of Valley City – to be named Hidden Pond Estates.
Chair Mike Schell opened the public hearing. Joel Quanbeck addressed Jennifer Stainbrook’s concerns from a prior conversation with her regarding the holding pond placement and construction, and also regarding a potential walking path. Quanbeck said according to the supplied topographical map, the placement for the pond was going to be a substantial distance – more than 100 ft – from the Stainbrook property line. The questions of how big & how deep the pond will be had not been determined at this time; drainage will be to the southwest to an existing drainage easement. In answer to another question, the storm management plan has not been completed at this time. Drainage from the development will be managed by this holding pond and is not intended to address other drainage issues. The Grims questioned issues regarding underground springs and an existing pond on that property and whether the development will be disrupting those natural springs, causing problems and costs for properties below. KLJ’s Chad Petersen said the construction was not supposed to increase runoff from the site but if problems arose, the developer would have to address that as part of the development. KLJ’s Michael Strom added that at this time nothing has been done regarding natural springs at this time and that the only excavating will be the detention pond. Not knowing where the gravel & clay layers are makes it difficult to determine how things could be affected. Stainbrook asked about the excavating and how the pond would be built, and Strom said it would be a combination of digging into the hill and adding fill on the backside for a berm; he didn’t know if that excavation might disrupt a spring as there had not been a Geotech study that he knew of or whether any borings had been done. Petersen added that City Ordinance regarding Storm Water Management requires that the runoff does not change from pre-construction to post-construction so whether its known today or discovered as a result of construction, any runoff change would need to be addressed by the developer. Strom clarified that drainage of the pond would go to the west so there’s no impact to the existing pond or properties to the east.
There were questions regarding the walking path. Quanbeck stated that based on these discussions they would want to make sure that any path would not disrupt those water issues but at this time he did not have a map regarding any paths. City Attorney Martineck said that sidewalks are generally required in new subdivisions but if there aren’t any planned at this time, he didn’t think a decision was required by the board. Schell wondered why the board was being asked about it if it was not part of the PUD application – as such the board could not address it at this time. Schell asked if there were any other concerns, and Stainbrook just added that she would like a geo-study done on the springs before there is any further construction. With that, Carlblom moved to close the public hearing with a second from Wright.
Schell opened internal discussion starting with a question regarding the supplied topographic
map and whether it was done prior to development or if it showed proposed levels. He was
concerned about the drop-off where the second duplex was being considered. Strom said that the
map was prior levels, and at the hammerhead turnaround there will be 6-1/2-ft fill with a possible
12-ft of fill needed for the southside of the second building site to make it the same elevation of
the first duplex. Jeff Erickson thought that kind of fill would re-route any natural spring that
might be there with no control. Schell said he ‘did not have a good feeling about it,’ adding that
Valley City has had too many issues with hillsides already and it might not be the best decision
for the city to go forward. Wright asked why there was an application for a PUD and Martineck
said although he also had concerns about that request, it does follow the guidelines. Erickson
made a motion to postpone the decision until more information was supplied through a stability
or Geotech study to address all the concerns brought forth from this meeting. Joe Faure seconded
and the board agreed.
Building Inspector Report
Interim Building Inspector Mike Blevins had sent the board an email outlining current
building projects; he had nothing else to add to that other than construction activity is picking up
and that things are getting ready to ‘break loose.’
Adjourn
With no other items to discuss, Chair Schell called for the meeting to close at 4:46pm.
Submitted by: City Assessor Sandy Hansen, Acting Secretary

11.04.2020 Planning and Zoning Minutes

  Chair Mike Schell presided and called the meeting to order by Zoom teleconference at 4:00pm on Wednesday, November 4th, 2020. Committee Members present: Jim Wright, Bill Carlblom, Jeff Erickson, Bobby Koepplin, and Joe Faure. Mike Bishop was absent

     Others: City Attorney Carl Martineck, City Administrator Gwen Crawford, City Assessor/ Acting Secretary Sandy Hansen, and Interim Building Inspectors Lance Coit & Mike Blevins.

     Audience members: Luke Trapp.

     Jim Wright moved to approve the Minutes of the June 10th, 2020 regular meeting, seconded by Bobby Koepplin, followed by roll call and approval.

Public Hearing for a Rezone Application for Lots 1 & 2, Block 4, Maier’s Addition, located on 3rd Ave NW, Valley City (63-2660177), and West 50’ Lots 4-5-6, Block 3, Maier’s Addition, located at 111-1/2 St NW (63-2660173), Valley City; request filed by Luke Trapp.

      Chair Mike Schell opened the public hearing. As there were no inquiries or questions, Wright moved to close the public hearing with Joe Faure a second. Followed was internal discussion. Chair Schell said that since there were two parcels to consider, the board should discuss each parcel separately starting with Lots 1 & 2 along 3rd Ave NW. Wright stated that he didn’t think it looked buildable. Chair Schell asked Interim Building Inspector Lance Coit what he saw when he looked over the site; Coit told the board he was concerned about hill slides in that area and had photos to point that out. Chair Schell said he also looked over the area and mentioned water leaks coming out of the hill and leaching out of the pavement below, indicating underground water problems. Land owner Luke Trapp told the board he had a professional surveyor look over the property and told him that any land is buildable but for what he wants to do, it may be cost prohibitive. Trapp indicated he would not be going forward with his plans to build on this property. Wright moved to deny the first part of the rezone request regarding Lots 1 & 2, with Faure seconding followed by roll call and unanimous approval. The board moved on to the second part of the request which was a rezone and also a replat request. Trapp said he wants to add on to his deck but doesn’t have adequate green space to allow it and needs this added parcel to get approval. But the issue is that this parcel next to his residential parcel is in a separate subdivision and cannot be combined to his home parcel without a replat. The board felt this solution was more complicated than it had to be, plus there was no map to actually consider a replat. After discussion with City Attorney Carl Martineck, it was decided that Trapp should apply for a Conditional Use Permit (CUP) which would allow him to proceed with construction. Koepplin moved to deny the request for a rezone/replat with Wright seconding followed by roll call and unanimous approval.

Discussion on penalties for zoning violations

     City Attorney Martineck said the city is taking more interest in properties that have junk & abandoned cars, and it was noticed that a number of properties have construction equipment and building materials that don’t qualify as junk but violate zoning codes. Currently the only recourse the city has is to charge property owners with a criminal penalty or take them to District Court and sue them to remove their property. Martineck discussed this issue with City Administrator Gwen Crawford and Police Chief Phil Hatcher and it was suggested changing that to administrative or civil penalties rather than going to court. Martineck wanted to get direction from the board if this was something they would like pursued. The board agreed that they would like to see this go forward.

Building Inspector Report

     Interim Building Inspector Coit gave a general overview as to what had been happening since the June meeting. There has been a total of 48 permits issued for various projects since that time. Mike Blevins of Midwest Inspection Services let the board know that Coit has been working alongside him on many projects and is more that capable. Blevins said projects have been going well; the three main commercial projects currently underway – Love’s Travel Plaza, the Barnes County Correctional facility & the VCSU Fine Arts building –  are all moving forward as scheduled with no delays at this time.

Adjourn

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

6/10/2020 Planning and Zoning Minutes

  Chair Mike Schell presided and called the meeting to order at 4:00pm on Wednesday, June 10th, 2020. Committee Members present: Jim Wright, Bill Carlblom, Jeff Erickson, Bobby Koepplin, and Dave Carlsrud. Joe Faure was absent.

     Others: City Building Inspector Dave Andersen, City Assessor/Acting Secretary Sandy Hansen, City Attorney Carl Martineck, and City Administrator Gwen Crawford.

     Jim Wright moved to approve the Minutes of the May 13th meeting, seconded by Bill Carlblom, followed by roll call and approval.

Public Hearing for the Purpose of Considering an Amendment to Section 11-05-18 of the Valley City Municipal Code which affects temporary uses such as mobile vendors.

      Chair Mike Schell opened the public hearing. With no public comment, Carlblom moved to close the public hearing with Wright second and board approval. Internal discussion began. Building Inspector Dave Andersen clarified that at this time, no permits are issued for mobile vendors. Forms would need to be created and reasonable time allowed for backgrounds checks of applicants. He suggested forms be allowed to be mailed or by electronic applications.  Andersen also pointed out vendors need a place nearby for employees to be able to take restroom breaks. Continued discussion focused on how long a mobile vendor should be allowed to be in one spot and what type of time frame and fee should be on applications. When the question came up as to why the board was considering this, Dave Carlsrud said he hoped it would ‘level the playing field’ since local restaurants & businesses pay property & sales taxes thus investing in the community. He added the city deals with complaints regarding mobile vendors every year and required applications would allow for some control and/or restrictions. City Attorney Carl Martineck added that it would also make it a way to ensure that vendors are following through with required health department licenses, paying sale taxes, etc. After more discussion, Bobby Koepplin made a motion that all fees be set by the City Commission (Section 11-05-08(3) – consider changing responsibility for setting fee from Planning Commission to City Commission), seconded by Jim Wright and board approval. Wright made a motion that revocation of permits NOT be done by Planning & Zoning – those who issue the permit can revoke the permit, and the appeal process will go to City Commission (Section 11-05-08(7)(b) – consider changing permit denial review from Planning Commission to City Commission), seconded by Koepplin and board approval. Carlsrud made a motion that time frames also be set by the City Commission as they have more resources to determine what those should be, and also that electronic communication be allowed (Section 8-08-04(4) – consider specific time instead of ‘reasonable time.” Consider allowing denial to be provided by any means of written communication rather that US mail only. Also Section 11-05-08(10) – review definition of Mobile food truck for clarity; consider 10 day maximum for food trucks), seconded by Wright and board approval.

Building/Fire Inspector Dave Andersen’s Report

     Andersen reported a busy week. Love’s Travel Center will soon begin construction, and both the new County Jail and the VCSU Art Center were given permits to begin concrete work on their projects. Wright asked that those with the VCSU project be reminded to use the ‘feeder’ road – 4th Ave – to avoid damage to other roads not prepared for heavy truck traffic. An outside company was looking at property within city limits for firework storage and Andersen is looking into the ramifications of that request.

Adjourn – With no other items to discuss, Chair Schell called for the meeting to close at 4:59pm.

Submitted by: City Assessor Sandy Hansen, Acting Secretary