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