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12.13.2022 Planning and Zoning Minutes

Chair Mike Schell presided and called the meeting to order at 4:00 on Tuesday December 13th, 2022. Commissioners present: Jim Wright, Bobby Koepplin, Jeff Erickson, and Bill Carlblom Commissioners Absent: Dave Carlsrud, Joe Faure                                                                      Others: City Attorney Carl Martineck, City Administrator Gwen Crawford, City Assessor/Acting Secretary Tina Current, Building Inspector/Asst Fire Chief Lance Coit                                                                                      Attending by Zoom City Planner Joel Quanbeck                                                                      Audience members: Josh Nathan, Bob McCallister, Dan Miller

Commissioner Jim Wright moved to approve the minutes of the November 8th, 2022 regular meeting seconded by Commissioner Bill Carlblom. Motion passed with unanimous approval.

Building Inspector Report                     

Building Inspector/Asst Fire Chief Lance Coit gave a report in the last month the city has only had demo permits.

Public hearing regarding alleged violation of VCMC § 11-06-18 – Automobile Repair; consider assessment of fee(s). Zoning Code Violation – 444 3rd St. NE.  

Chair Schell opened the public hearing. City attorney Carl Martineck explained the violation of a motor vehicle parked in the driving way for weeks if not months at Josh Nathan residence at 444 3rd ST NE. The vehicle has been on blocks and the hood up and clearly being worked on. Notices were sent out stating he was in violation of the zoning code and no action was taken. Vehicles were also parked in the front yard which is also violation. Josh Nathan said the vehicle is no longer on blocks and is not being worked on.                                                                                         

Commissioner Jim Wright made a motion to closed the public hearing. Seconded by Commissioner Bill Carlblom.            

Commissioner Bobby Koepplin made a motion to wave the fine if the vehicle is moved off the sidewalk within two days. Seconded by Commissioner Bill Carlblom. Followed by roll call and unanimous approval.

Public hearing for replat and variance subdividing auditor’s lot into 5 lots to allow sale of portions of the land. New subdivision to be named “Diamond B Subdivision”

Chair Schell opened the public hearing. Bob McCallister asked questions about the septic system and also asked who is going to take care of the road. McCallister also brought in pictures of the area of the replat during flooding. City Planner Joel Quanbeck explained the area for replat is zoned R1. Commissioner Carlblom made a motion to close public hearing. Seconded by Commissioner Wright.

Internal discussion was had about the area for replat is in the floodplain and some floodway. Decision continued about the lot sizes and the lots size needed to build on. The lot size needed for a septic system. The current size of lots would be restricted. David Bjornson who submitted the replat and variance application was not at the meeting. Commissioner Bobby Koepplin move to table the replat. Seconded by Commission Jim Wright. Motion passed unanimously.

Discussion of zoning for outdoor self-storage rental space.

Building Inspector/Asst Fire Chief Lance Coit explained that a business in B2 is also renting out spaces for storage. The business is on main street. Coit would like the commission to clarify if a business in B2 can rent self-storage spots.  Discussion was also had about if self-storage can be inside and outside storage. The recommendation was to have Coit require a conditional use permit for a business in B2 to have self-storage.

Approval of Updated Zoning Map

Commissioner Wright made a motion to approve the updated zoning map. Seconded by Commissioner Koepplin. Motion passed with unanimous approval.

Planning and Zoning Commission Approved the April meeting date to Wednesday April 12th,2023

Other Business                                                                                 

Commissioner Bobby Koepplin has given his notice to resign from the planning and zoning commission as of December 31st, 2022

Adjourn

With no other items to discuss, Chair Schell called the meeting to close at 5:31pm.

11.8.2022 Planning and Zoning Minutes

Chair Mike Schell presided and called the meeting to order 4:00pm on Tuesday, November 8th, 2022. Commissioners present: Dave Carlsrud, Jim Wright, Bobby Koepplin, Jeff Erickson, Joe Faure and Bill Carlblom

Others: City Attorney Carl Martineck, City Administrator Gwen Crawford, City Planner Joel Quanbeck, City Assessor/Acting Secretary Tina Current, Building Inspector/ Asst Fire Chief Lance Coit, City Engineer Chad Peterson (KLJ), Tracy Eslinger (Moore Engineering)

Bill Carlblom moved to approve the minutes of the October 11th, 2022 regular meeting seconded by James Wright. Motion passed unanimous approval.

Building Inspector Report

Building Inspector/Asst Fire Chief Lance Coit gave a report of one commercial permit, and five demo permits in the last month. The permits are starting to slow down.

Public hearing and recommendation regarding amendment to sections 11-03-08, 11-03-09, and 11-03-10 of the Valley City Municipal Code related to rear-yard setbacks in residential zones.

Chair Schell opened the public hearing

City attorney Carl Martineck explain the code reads 25% or 25ft as a rear setback. The discussion is to remove the 25% and leave the 25ft only.   

Commissioner Carlsrud made a motion to eliminate the 25% and only have 25ft for the setback amount. Seconded by Commissioner Joe Faure. Followed rolled call and unanimous approval.

Discussion on parking and storage of vehicles in rear yard of residential lot.

The board discussed the parking and storage of vehicles in rear yard of residential lot. The board decided to table the topic and do more research.  

Discussion of improved parking surface.

The board discussed options for improved surfaces. The board does not want to limit the improved surface to asphalt and concrete only. The board would like some other options. Martineck will work with City Planer Joel Quanbeck and City engineers to come up with a definition of improved surface for the next meeting.

Discussion of accessary buildings

The board discussed the definition of an accessary building. The recommendation was any building 120 square ft or more is considered an accessary building.

Adjourn

With no other items to discuss, Chair Schell called for the meeting to close at 5:08pm.

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9.26.2022 Special Planning and Zoning Meeting Minutes

Chair Mike Schell presided and called the meeting to order 4:00pm on Monday, September 26th, 2022. Committee Members present: Dave Carlsrud, Jeff Erickson, Bill Carlblom, online Joe Faure and Bobby Keopplin, Absent James Wright.

Others: City Attorney Carl Martineck, City Administrator Gwen Crawford, City Planner Joel Quanbeck, Assessor/Acting Secretary Tina Current, City Engineer Chad Peterson (KLJ)

Audience members: George Gaukler, Jennifer Feist, Norberto Rivera

Public Hearing and consideration of variance to decrease rear yard setback, Lot 1, Block 1, Weiser’s Addition to the City of Valley.

Chair Schell opened the public hearing.

Norberto Rivera had some questions about the variance. Rivera questioned if this variance would affect his property. Mike Schell explain to Rivera the variance is just for one property Lot 1, Block 1 Weiser addition property. The variance was not for his parcel.

Dave Carlsrud moved to approve the variance, Bill Carlblom seconded followed by roll call and unanimous board approval.

Public Hearing regarding application to rezone Meadow View Estates subdivision, R-1 Single-Family Residential to R-4 Multi-Family Residential.

          Chair Schell opened the public hearing.

George Gaulker explain his original plan was to build single family homes, but with the cost increase he has change it to twinhomes. The twinhomes will be rental units. Gaulker will need the subdivision zoned as R-4 to be able to qualify for TIF financing. Schell said keep in mine if this is zoned R-4 Gaulker could put apartments in that area. Erickson is concerned about the infrastructure in that area Erickson said we don’t have enough infrastructure now, and is concerned if Gaulker would put apartments in that area. Carl Martineck said there will be a development agreement.

          Bill Carlblom made a motion. Carlsrud seconded the followed by roll call.

Roll Call:   Carlsrud – aye   Erickson – nay   Carlblom – aye   Faure – aye   Keopplin – aye

                   Schell – aye

Motion carried.

Adjourn

With no other items to discuss, Chair Schell called for the meeting to close at 5:12pm.

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9.13.2022 Planning and Zoning Minutes

Vice Chair James Wright presided and called the meeting to order 4:00pm on Tuesday, September 13th, 2022. Committee Members present: Dave Carlsrud, Jeff Erickson, Bobby Koepplin, and Bill Carlblom.

Others: City Attorney Carl Martineck, City Administrator Gwen Crawford, City Planner Joel Quanbeck, Assessor/Acting Secretary Tina Current, Building Inspector/ Assistant Fire Chief Lance Coit.

Audience members: City Engineer Chad Peterson (KLJ) Tracy Eslinger (Moore Engineering), Tim Logan, Derek Bear, Preston Bear, George Gaukler, and Jennifer Feist.

Bill Carlblom moved to approve the minutes of the August 9th, 2022 regular meeting seconded by Jeff Erickson. Motion passed unanimously.

Building Inspector Report

Building Inspector/Assistant Fire Chief Lance Coit gave a report. Coit reported since the last planning and zoning meeting there has been four permits for twin homes, a single-family home, couple decks, a sign, and a couple basement repairs.

Public Hearing regards an application to plat the Industrial Park Addition within the NE1/4 of Section 20, Twp140N, Rng 58W of the 5th PM in Valley City, ND The land proposed to be platted is between the BSNF Railroad ROW and 12th Street NW. If approved, the result will be creation of five lots for commercial and industrial development with access onto 12th Street NW

Vice Chair James Wright opened the public hearing.

Bobby Koepplin asked it if this wasn’t formally platted before. Carl Martineck responded that is correct. The plat was prepared in the past, but was never submitted to the recorder’s office for final recoding.

Koepplin moved to approve subject to Martineck’s approval of the language, Erickson seconded followed by roll call and unanimous board approval. 

Public Hearing for Variance application at 646 6th Ave SW for construction of garage in the floodplain

Preston and Derek Bear spoke to the board about their request when building a garage. Joel Quanbeck provided information on the criteria that needs to be meet to build a garage in the floodplain. Quanbeck recommendation was to build 20 inches below required evaluation, but include flood gates to meet FEMA requirements.

 Bill Carlblom moved to approve the variance with a foot lower than standard level, but include the     flood proofing that meets FEMA requirements. Dave Carlsrud seconded followed by roll call and unanimous board approval.

Public Hearing for Valley City Comprehensive and Transportation Plan

Joel Quanbeck provided a Power Point to help explain the Comprehensive and Transportation plan.

Quanbeck explained that anticipated development south of Meadow View Estates and Tvedt Subdivision in the southwest quarter of Section 27 is in an area identified as rural development by the Comprehensive Plan.   The Rural Land Use Category designates development at a density of 1 unit for 5 acres.  Approval of development in this area at a different density should start by amending the Comprehensive Plan.  In addition to changes in the future land use map, other potential areas of the Comprehensive Plan needing review and possible amendment include:

  • The future transportation network
  • Extension of sewer and water trunklines
  • Providing for future parks, recreation and trails needs
  • And considering implications for other land uses. 

Joel reviewed details pertaining to all these topics.  He highlighted the following key points:

  • Strong consideration should be given to extending the future functionally classified road that is the south section line of Section 27 all the way to the Kathryn Road.
  • Sewage treatment capacity is not a problem, but there are bottlenecks where trunkline capacity may be limited and sewage collection trunk lines and lift stations should be evaluated for the most cost-efficient long-range plan for serving the entire growth area south of I-94.
  • Water supply capacity is not an issue, but it is important to have an overall strategy to ensure looped systems and sufficient pressure for firefighting to serve the entire growth area south of I-94.
  • Consideration should be given to a revised land use plan that encourages limited but appropriate retail and service businesses in the area south of I-94 because the eventual population in that part of the city could be more than half the current population of Valley City.
  • The issue of appropriate requirements for parks and recreation and trails facilities has been discussed by the planning commission several times in the last two years.  The Comprehensive Plan illustrates that there are no parks and recreation facilities or trails close enough to serve the study area. In order to maintain the existing parks and recreation level of service a plan to provide these facilities should be created to address anticipated residential development. At a minimum there should be a park with basic playground and open space within a quarter mile of all residences. Where there is high level of multi-family development there is a need for higher levels of parks and open space.  Additionally, there should be a trail and sidewalk system allowing access to parks, schools, neighborhood commercial centers, and linkages to the greater trails system of Valley City.

The following points were made by the Planning and Zoning Commission members and the public:

  • There is a powerline easement area within the proposed area for development that may serve as a possible location for open space/parks/trails to serve the development.
  • Consideration should be given to whether it would be better to develop a second lagoon system that would serve the area south of I-94.
  • There are significant existing and even more potential issues related to stormwater management that should be addressed when considering additional development south of I-94. 
  • George Gaukler spoke after Quanbeck Power Point. Gaukler explained he has land available to provide the needed green space in the new development.
  • Tim Logan spoke on his concern with all the storm water coming from the new development is causing problems already

 

Adjourn

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

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8.9.2022 Planning and Zoning Minutes

Chair Mike Schell presided and called the meeting to order 4:00pm on Tuesday, August 9th, 2022. Committee Members present: Dave Carlsrud, Jim Wright, Jeff Erickson, Bobby Koepplin, Joe Faure and Bill Carlblom.

Others: City Attorney Carl Martineck, City Administrator Gwen Crawford, City Planner Joel Quanbeck, Acting Secretary Brandy Johnson, Building Inspector/ Assistant Fire Chief Lance Coit.

Jim Wright moved to approve the minutes of the July 12 , 2022 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 year to date permit report and there were no questions.

Public Hearing to Replat Land Located West of 8th Avenue SE and South of 10th St Se in Valley City. The land includes all of Meadow View Estates within th Se ¼ of Section 27, Twp 140N, Rng 58W of the 5th PM. Rezone from R1 to R2.

Chair Schell opened the public hearing.

Bobby Koepplin asked who was responsible for the snow removal and if Public Works Departments were okay with the proposal. Martineck stated they were mailed notices. Koepplin asked if the corner lot, block 4, if that was a set aside property? Mike Strom stated block 4 lot 1, will have 2 front yard set backs along with a side yard/rear yard setback leaving a tiny triangle which is essentially not buildable for a house. Not saying it couldn’t be used for something else though. Joel stated he planned to speak with the Parks and Recs Director. One of the things he has heard for this area is for it to be used as a potential dog park. There is not a plan at this time for the use of this property.

Koepplin moved to approve replat and rezone as presented, Carlsrud seconded followed by roll call and unanimous board approval.

Yard Requirements Text Amendment                    

Joel Quanbeck provided a PowerPoint and stated he would like to discuss the topic of front yards and presented changes to the code to allow more consistency.

Bobby Koepplin moved to approve a due pass recommendation on yard requirements text amendment to the City of Valley City, Carlblom seconded followed by roll call and unanimous board approval.

Joel Quanbeck also added for discussion that an application for a variance came through for Bear to build a garage that doesn’t meet the 1-foot above the base elevation requirement. It was not here in time for the agenda so the applicant is requesting a special meeting. After discussion it was decided that Lance Coit would do some more research and try to reach someone at the state level. After that they will decide if a meeting is necessary.

Adjourn

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

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7.12.2022 Planning and Zoning Minutes

Chair Mike Schell presided and called the meeting to order 4:00pm on Tuesday, July 12th, 2022. Committee Members present: Dave Carlsrud, Jim Wright, Jeff Erickson, and Bobby Koepplin. Absent: Joe Faure and Bill Carlblom.
Others: City Attorney Carl Martineck, City Administrator Gwen Crawford, City Planner Joel Quanbeck, Acting Secretary Tina Current, Building Inspector/ Assistant Fire Chief Lance Coit.
Audience members: Ross Powell, City Assessor Sandy Hansen
Jim Wright moved to approve the minutes of the June 14th, 2022 regular meeting seconded by Dave Carlsrud, followed by roll call and approval.
Building Inspector Report
Building Inspector Mike Blevins had sent an email of the year to date permit report. In 2022 there has been 29 permits with a valuation of $3,424,399. There has been one new Commercial permit for the 845 Holdings.
City Attorney Carl Martineck spoke about an ordinance change. The Planning and Zoning Board now has the final say on variances. The agenda said it would be a recommendation to the city commission. That is no longer the procedure and will be fixed on the next agenda.
Public Hearing for of Replat Drake’s Second Addition a replat of lots 1 & 2 of Drake’s First Addition and portion of an unplatted parcel within the N ½ of Section 27, T140N, R58W.
Chair Schell opened the public hearing. With no discussion, Bobby Koepplin made a motion to approve the Drake replat with conditions Quanbeck listed in his materials provided to the members:
a. that Lots 1 and 2 of Drake’s Second Addition be granted a sideyard setback variance matching distances between existing structures and the proposed side lot lines,
b. that Lot 2 be granted a minimum lot of size and minimum lot width variance matching the area and width of the proposed Drake’s Second Addition, and
c. that the Drake’s Second Addition preliminary plat be recommended for approval to the Board of City Commissioners on the condition that existing easements are shown on the plat and extended to edge of the replatted lot(s) where necessary to accommodate potential extension of facilities. Jeff Erickson seconded followed by unanimous board approval.
Public Hearing for Variance Application for wheelchair ramp at 452 5th Ave NE
Chair Schell opened the public hearing for a variance request for a wheelchair ramp. Property owner and landlord Ross Powell explained the VA had contacted him and asked if they could put in a wheelchair ramp for his current tenant. The sketch they had presented to Powell is different than the ramp that was installed. The current ramp is in violation of code because it is too close to the sidewalk. Erickson asked if the ramp could be in the back of the house Powell said it would not work back there. The board asked Martineck if a special use permit would be better. Martineck said no, that would not work in this case. Schell commented VCMC Section 11-07-07 (2) indicates all five criteria listed under it must be met for a variance to be approved and the criteria had been met. Koepplin made a motion to approve with the conditions, that if the tenant moves out the ramp needs to be removed, and the ramp needs to be kept clean of weeds and grass. Wright seconded followed by roll call and unanimous board approval.
Discuss Extraterritorial Map
Chair Schell turned the conversation over to City Administrator Gwen Crawford. Crawford presented a new map with the extraterritorial marked out and asked the board to look over the map. The current map will be what goes forward to the next step of areas to get zoned. A copy of the map will be taken to The Barnes County Planning and Zoning. Every year in December a new map will be created with any updates.
Adjourn
With no other items to discuss, Chair Schell called for the meeting to close at 4:26pm.

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6.14.2022 Planning and Zoning Minutes

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


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5.10.2022 Planning and Zoning Minutes

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.

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3.8.2022 Planning and Zoning Minutes

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

Minutes Available text with City of Valley City Logo above

2.8.2022 Planning and Zoning Minutes

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