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

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

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

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

Building Inspector Report

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

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

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

Valley City Municipal Code Text Amendments Report.

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

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

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

Adjourn

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

Submitted by: City Assessor Sandy Hansen, Acting Secretary

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

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

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

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

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

Building Inspector Report

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

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

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

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

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

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

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

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

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

Adjourn

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

Submitted by: City Assessor Sandy Hansen, Acting Secretary

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

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

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

Building Inspector Report

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

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

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

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

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

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

Adjourn

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

Submitted by: Administrative Assistant Brandy Johnson, Acting Secretary