07/07/2014, 7:00 PM

Regular Meeting July 7th, 2014 7:00 PM  

Members present:  Paul Zent – Chairman, Kerry Olson - Supervisor, Ken Selzler - Supervisor, Jerry Kunz - Zoning Board Member, Terry Mauch - Weed Board, Greg Hillig - Building Inspector, Rick Solberg - Zoning Board, Ann Willoughby – Clerk, Chad Schneider – Road Supervisor, Mark Elzel - Treasurer

Members absent: Cole Shantz – Assessor

Chairman Zent opened the meeting. Supervisor Selzler made a motion to approve the minutes of the previous meeting.  Supervisor Olson seconded the motion. The motion passed with Chairman Zent and Supervisors Selzler and Olson voting in favor. Motion passed.

Dave Wetlze – would like to build a shop  40’ x 60’, 2400 sq feet, his lot if 5.5 acres, 2178 sq. feet is the maximum for five acres, he falls well within the sq. footage allowed.

Dorris Yarborough and Alyssa Noel have purchased 4.5 acres and would like to put up house over the winter however would like to move his shop 32’ x 48’ shop, 12’ side walls on this property.  Current road- Omar Street- does not currently access his home.  Township issued building permits before road was even built. Developer went bankrupt before the road was built in this subdivision.

Chad reported that the county stated they would supply the pipe for the road at the bottom.  It will be $500 and $1000 for a surveyor since the stakes need to be placed back in their exact locations for legal purposes. There should be already be plans to build this road but it’s an old subdivision. Total cost of the road from the top of the hill down, 5 bids, just dirt work included in the bid.

B & B dirt works $24,450

RJ welding $40,000

Sand Creek Construction $28,361

Guthmiller and Sons $ 43,000

Hartze Construction $11,500

Knife River stated they would sell gravel for this short road, $17.75 a ton delivered.  Each resident would need to have approaches into their property and they would have to pay for the approach.  No estimates for the cost of the approaches. Culverts would be needed as well.  Eric Ave. would be straightened out to turn into Omar and a T-intersection made as it’s not lawful to have an approach on a blind intersection; five lots would join this road.  Question posed is why would the individual tax payer have to pay for public road? Township is not certain if a special assessment would be charged that so that the township would get the money back into its coffers.   Dan thought the project would have to be over $100,000.  40 years ago the permits to build homes were issued before the road was built.   Road cannot be made a private road since it was already platted by the county.  If someone went down the private road and were injured they could sue the county.

If five lots are going to be charged then all should be charged since all will be using the road including Rural Water.  Township has reaped all the benefit of the homes on the lots through taxes since the permits were issued in this subdivision.  Chairman Zent stated that the township did not build the road only put more gravel on it.  There seems to be some precedence for the township paying for the road. If the road is built to county specifications the road could be maintained by the county.   18 total lots in the addition, several lots are owned by one person (same owner for multiple lots).  12 land owners.  It should be assessed to each lot; all 18.

Supervisor Selzler stated that a lot of things were done incorrectly in the past and he believes we should build the road for the land owners.  He feels the owners of the lots pay for their road approaches and township should build the road to make amends for the mistake made in the past.   

Chairman Zent expressed concerns about other citizens complaining that since the township is building a road in this location that the township should build roads for others in the future.

Chairman Olson stated that if it [building the road and then issuing permits for homes] had been done right the first time, the cost of the road would have been assessed to the lots initially. However, the lots were purchased and homes built before the road so the owners of the lots received a small tax break.  Maybe charging a small amount to each lot would be a compromise.  All subdivision road construction is the responsibility of the contractor.

Chairman Zent thought a township meeting would have to be called to vote on the expenditure of the money for this road.  Supervisor Olson suggested that a contact be drawn up between land owner and the township, cost share between who would benefit the most from the road. 

Supervisor Selzler made a motion to grant approval for the variance for the oversized shop on Dave Wetlze property, Supervisor Olson seconded. Supervisor’s Olson and Selzler and Chairman Zent approved, motion carried. 

Supervisor Selzler made a motion that township pays $11,500 to Hartze Construction to build the road to county specifications and $500 for the surveyor to get it surveyed and that Apple Creek Township pays for the road and that the land owners along this road pay $500 for the gravel.  Supervisor Olson seconds the motion.   Supervisors Olson and Selzler voted yes.  Chairman Zent voted no.   Motion approved. 

Supervisor Olson made a motion that the five adjoining lot owners and South Central Rural Water pay for the gravel; lot owners would pay $415 per lot each and South central water the remaining amount. 18 lots owners in the 18 lots additional would be$ 100 a piece and there are Supervisor Selzler seconds. Supervisor Olson and Selzler vote yes.  Chairman Zent voted no.  Motion carried. 

Gravel will be class 13 and that is what is needed on the hill, Chad stated that Class 13 is cheaper than class 5 and 13, in his opinion is better due to clay content. County won’t maintain until it has gravel on it.

Road can be built by end of July according to Hartze Construction Inc.  Richard Hartze, 667-1314, 2300 La Corte Loop, Bismarck, ND 58503

Supervisor Selzler made a motion that Dorris Yarborough is granted a variance to be able to put shop on his property prior to putting his house up.  (32’x 48’ is the size)  Supervisor Olson seconded the motion. Supervisors Selzler and Olson and Chairman Zent all approve.  Motion passes.  There must be an easement agreement sign on the property.

School board Report: No report.

Zoning Board Report: No report.

Assessor’s Report:  No report.

Building Inspector’s Report:  Permits issued: Two pole barns, a deck and an addition. Burleigh County does for their buildings. Supervisor Selzler made a motion to use Burleigh County building permit fees for 2014 and that said fees be posted on the Apple Creek Township webpage. Supervisor Olson seconded the motion.  Supervisor’s Olson, Selzler and Chairman Zent all approved.  Motion passes.

Road Supervisor’s Report: 119th and Herman drive is going to cut the ditch east and west across the road so that it drains out.  Resident in that area would like crushed asphalt to keep the dust down in front of his home.   119th and 22nd AVE residents are complaining about dust as well; would like crushed asphalt to keep dust down as well.  Both home owners want potassium chloride, they were advised to come to meeting and bring it up. Roth Pit is empty so the gravel is now coming from Baldwin.  $10 a mile, there will be extra cost in getting the gravel due to the change in the pit location.  Township will charge $1800 for the water truck per load of water, couple loads a day will cost about $4000.  We would be the only township going the different d route (not over the highway).  It will be cheaper using the gravel road way, if we start to see “blow outs” in the road it will make it more expensive due to cost of the repairs.  It would be cheaper to use the highway if the township has to pay for repairs on the gravel road.  Francis Place Road could use gravel this would be a good place for re-milled asphalt. 

Arnold Schieve’s approach, water flows through it because it flooded when the culvert was frozen.  Recommend that next spring that when it is frozen he should call Burleigh County and it will be addressed right away.  Gene is well aware of the culvert issue. Chad will call Gene (Burleigh County) about the culvert and flooding over Arnold’s approach.

62nd street is going to get gravel in the next week or two; 76th street is being worked now. 

Weed report – No report. Spraying town ship roads on Wednesday for leafy spurge

Treasures’ Report:  Board members need to go into bank and resign.

Other Business.

Mr. Arnold Schieve was given his amended meeting minutes from February of 2014. 

Other business

Lincoln road paved from 93rd to 119th, it is a country road, need to talk to the county about the payment.

Chuck Janko raised concern about a property near his in the Mees Addition.  The property should be cleaned it up. There are vehicles, cement, dirt and skunks on the neighboring property, Mr. Janko has been advised to call Ray Ziegler at Burleigh County for help.  Lot owner doesn’t live there seems lot owner bought property last year and was only there once. Property is on Herman drive.

No other business.

Meeting adjourned.


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