02/02/2015, 7:00 PM

Regular Meeting

February 2, 2015

7:00 PM

Members present: Kerry Olson, Supervisor; Paul Zent, Chairman; Jerry Kunz, Zoning Board Member; Terry Mauch, Weed Board; Shawn Whitney, Building Inspector and Ann Willoughby, Clerk

Members absent: Rick Solberg, Zoning Board Member; Chad Schneider, Road Supervisor; Ken Selzler, Supervisor; Mark Ezell, Treasurer;

Motion made by Supervisor Olson to correct the January minutes, motioned seconded by Chairman Zent. Supervisor Olson and Chairman Zent are in agreement; motion passed and minutes approved. Change pertains to the approval of paying bills in January 2015 minutes. As reads “Treasures’ Report: Motion made to pay bills by Supervisor Selzler, Chairman Zent seconded….” Should read “Treasures’ Report: Motion made to pay bills by Supervisor Selzler, Supervisor Olson seconded…”

School board Report: No report.

Zoning Board Report: No report. Terry Wald asked closing section line off of Apple Creek Road; the section line is closed by the county was closed for safety reasons the area in question is from the edge of the right of way to the edge of the property line. Drivers have been going up the section line instead of using the road. No mention of what he was going to do with the property. Section land is on section on lot 8A of lot 8 of SW corner of section 1 of apple creek township. County does not close section lines very often. Mr. Kevin Glatt, maintains the section line closings; this is only the 6th one in a very long time. Chairman Zent asked Mr. Glatt if the section line between Mr. Schieve’s land and Mr. AllenBraun’s land was closed; it is not closed.


Opening Zoning Board: Chairman Zent and Mr. Jerry Kunz present

Mr. Blaine Doppler Interested in some property, wants to know how it is zoned, what buildings can be built, can the property be zoned commercial? The property in question is located at North Gate Drive and 66th Street. Part of the property is in the flood zone, part of it is not. Would like to move business there , steel type buildings to match what is currently there. There would be about 20 employees, 15 -20 work trucks and employees’ trucks. The business is Fischer Underground and Electrical Contracting. The business installs underground utilities for all utilities in the area aka Mid-Continent, Century Llink, etc. Chairman Zent talked about the flood issues on the property, there would also be a public hearing so the neighbors can weigh in about their concerns. Property was vacated after the flood to be used for wild life. Other considerations would be to look at road approach and the maintenance issues on the road leading to the property. There may be jurisdiction issues with this property as it may be part of the extra-territorial area of Lincoln. If it’s part of Lincoln extraterritorial then the City of Lincoln would need to decide if that property can be zoned commercial. This may also be county jurisdiction due to previous flood issues on the property. Chairman Zent stated the Apple Creek Township Board could not resolve this issue tonight but urged Mr. Doppler to work with Burleigh County representative Mr. Ray Ziegler to figure out next steps. The parcel of land is only 5 acres which means that drainage issues will have to be addressed before occupying. Mr. Doppler will not buy the property if he cannot put his business on the property. If there are too many issues with the property he will not buy. At this time Mr. Doppler is only gathering information. All issues would be addressed at the same time. There may be environmental clearance needed on this property due to water issues. Mr. Doppler indicated he would not cut any corners when improving the acreage, wants to do it correctly and in compliance with codes and regulations.

Business Completed. Zoning Board Closed.

Assessor’s report: No report. Position will be advertised with the person being on board by March 2015. There will be a stipulation that if Apple Creek Township pays for training that there is an obligation to stay for certain period of time. Position will be advertised in Bismarck Tribune and on the Apple Creek Township webpage. Mr. Al Vitmeier of Burleigh Country will do the assessment on Brian Bitner’s building. City of Bismarck told Mr. Bitner he did not need a building permit to put up the building. At this time there is no penalty for the building being built. There are many questions about the acreage being zoned agricultural by the citizens of Apple Creek Township. Department of Commerce is in charge of the Century Code which governs the zoning of property; the zoning is based on how the code is interpreted. Building Inspector’s Report: Two framing inspection on existing building permits, one on 66th and the other off 93rd. Mr. Shawn Whitney, township building inspector, will be building an addition onto his home off his kitchen. He is cognizant of a possible conflict of interest and has asked for guidance on how to get his addition inspected. Mr. Whitney has asked what is the best way to go about getting trained as a building inspector? He discussed the various options. Building Inspectors Association is a good group to be involved in $35 for membership. (Bismarck Mandan Builder’s Association) There are on-line courses, training out of state and training within state. Mr. Whitney will be looking for only residential building inspector certifications. ACT Board would like Mr. Whitney to take residential certification. Certification is valid for three years and then follow-on education every year after to stay current. Chairman Zent told Mr. Whitney to sign up for some on-line course, two or three to start. Mr. Ray Ziegler will still ask Mr. Whitney to ride along when possible to gain more practical knowledge. Mr. Ray Ziegler stated he was encouraged that ACT board was working the issues by spending the money to, getting a certified inspector in the township. Burleigh County will do the mechanical, gas lines, furnaces and septic systems. County will bill directly property.

Grady Wolf, 55thSt east of 66th putting up a house and agricultural shop on his property.

City View Heights, permit as issued to this gentleman to build a pole barn. The ordinance needs to be nuisances not just an “eye sore” i.e. environmental, vermin, etc. Would have to show that if a person was selling property and that it affected the resale value. Covenants are enforced by owners association. All sub-divisions are encouraged to have covenant boards. Vehicle has to be licensed every year or it is not incompliance with the county laws. Copy of covenants should have a place for ACT to sign and a copy given to ACT Board.

If a nuisance is reported, the ordinance board of health will get involved and they will have to approve. Mr. Ray Ziegler stated that it could take a long time to go through the process about 6 months; there are three or four locations in City View that need to be addressed.

Road Supervisor’s Report: Call from someone off of 80th Street near City View Heights asking if there will be new development . The property is 80 and is for sale on the west side of 80th ST. No development on that property yet. Copy given to ACT of road maintenance agreement was returned to ACT with Burleigh county signatures to be filed.

Treasure’s Report: No Report Bills this month for:

1. United States Post Office for PO Box renewal for $128 for 12 months

2. Office of State Tax Commission $250

Supervisor Olson made a motion to pay bills, Chairman Zent seconded the motion, both are in agreement. Motion passed to pay bills.


Supervisor Selzer made a motion to approve abatement for Cro-magnum Investments be approved. Properties were originally assessed incorrectly. Chairman Zent Seconded. Chairman Olson and Chairman Zent agree. Motion approved. Sandra Mills abatement - pending approval, needs follow up in order to verify what is being asked by land owner. Will ask ACT Assessor to approve.

Knife River is changing their due dates from net 30 to net 10. Payments after the 10th day of statement will be charged interest.

Supervisor Zent read from the Grassroots Newsletter in the section called “Question to County Lawyer” in this month’s Grassroots publication. “Standard rate [for payment to board members] the law allows up to $60 per day max with a yearly max of $2000. There will be a measure on the annual meeting ballot that ACT Board members receive $20 per hour. 3rd Tuesday in March is the annual meeting. Comments from Ray Zeigler: He has been with the city for 13 or 14 years in the planning and zoning departments. It’s been a good year and the county commissioners are here to assist the townships. Doug Schonert is chairman of County Commission; don’t be afraid to check with Ray Ziegler. Citizen at the meeting asked if the planning and zoning issues will be relayed to the townships? Mr. Zeigler stated that there is no way [currently] to relay changes to building codes. State committee meets and hears changes. Apple Creek Township will be on an emailing distribution for Zoning and Planning Committee.

No other business.

Meeting adjourned.


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