Regular Meeting


05/04/2015, 7:PM

Members Present: Supervisors Paul Zent & Kerry Olson; Zoning Board Member Jerry Kunz; Weed Board, Terry Mauch; Building Inspector, Shawn Whitney; Clerk Ann Willoughby; Road Supervisor, Chad Schneider and Treasurer Mark Ezell.

Members Absent: Zoning Board Rick Solberg & Chairman Ken Selzler

Supervisor Zent called the meeting to order. Motion made by Supervisor Olson to approve the minutes 2nd by Supervisor Zent. Supervisor Olson & Zent are in agreement; motion passed and minutes approve.

School Board Report:  Eric Kroh represented the school the 50/50 cost share will be shared to include the material and labor for the parking lot improvement. Last day of school will be June 4th.

Public Hearing on Day Care: Mr. Duran thanked the board for the opportunity to discuss his day care idea. He would like a gym type building to open a day care in his home from capacity of 8 to 30 children. The building would be about 20 feet from home. Restrooms and play area in the new building. Staff & children both boys and girls, kitchenette. 35 sq. ft./child is the required space per child. Max number of children would be 30 even though the capacity would accommodate 1000 children. Shop is 4800 sq. ft. although the part for the day care is approximately 1100 sq. ft. for the kids’ area not to include the staff offices. Per child need 75 sq. ft. on the outside. The issues to be discussed today is the traffic in the area on the roads. Mr. Duran stated the traffic would be spaced out throughout the day. One family may have more that on child so 30 kids would not equate to 30 cars. Faith based day care with a proposed name of Good Shepherd Day Care. Full lunch and snacks will be provided.  The program will be state inspected and approved with quality care for all children in the center.

Supervisor Zent stated that he felt traffic issue would be greater than discussed by Mr. Duran. He also asked what use of the building would be if the day care would fail.

Questions from township citizens:

Q: When opened to the public, would the Apple Creek School be able to rent the basketball court?

A: He stated absolutely, that he would be open to letting the school use the basketball court and terms would be discussed later.

Supervisor Zent stated that the basketball court would not be large enough for games based on the floor plans presented.

Comment by a citizen after looking at the floor plans that there are not enough bathrooms per the number of children and staff

Q: What ages of children will be accepted for day care?

A: Not infants and not school age at this time.


Zoning Board: Nothing to Report

Assessor’s Report: Five applied for the assessor position.  The board interviewed two individuals for the position on Wednesday April 22nd @ Apple Creek School. Mark Splonskowski was offered the positon @ a salary of $22.00/hr. Mr. Splonskowski will start July1st 2015. He currently works for Burleigh County Assessing dept. and will work for ACT after his regular position. Burleigh County does not find Mark’s duties with ACT to be a conflict of duties. He is very familiar the township. He will be certified by December 2015 to be an assessor. Township assessors need 40 hours formal training and required to pass a test. The new requirement is for 80 to 100 hours of formal training through Burleigh County & the State. Supervisor Zent made recommendation to hire Mark Splonskowski for the position.

Jim Laducer from Apple Creek Country Club presented a request for liquor license to be sighed. Supervisor Zent made a motion to approve the request, 2nd by Supervisor Olson. The motion was unanimously approved.

Building Inspectors Report: Inspector Whitney did inspection for the Duran house. He issued permits to Kevin Schieve for his house, Dorris Yarbrough permit for his house, Shawn Whitney permit for his house, Chris Klein permit for a pole barn, Jen & Rena Hyatt permit for basement Mr. Duran permit for small out building. Final inspections for Oatfields, Mortensons on 66th St SE & Torres.

New building permits 1 Nathan Jensen had requested a permit for a new house. The supervisors made Inspector Whitney aware that Mr. Jensen needed to clean up his lot and pay for his share of the Omar St build before a permit can be issued. Mr. Jensen had not paid for the permit at this time.

Road Supervisor’s Report:  Supervisor Schneider 1 approach permit for Joe Osternorth # Chairman Selzler and Supervisor Schneider reviewed township roads. Areas to be graveled are North Gate Drive, the whole mile. Northgate Ave, 55th Ave 62nd Ave 119th Ave about ½ mile up to 22nd Ave 48th Ave SE will by trying to fix the problems. Sunrise Ave will have about ¾ of a mile graveled. Report submitted to Burleigh County but there is not a timeline of when the gravel will be spread on the troubled spots and lengths of road. Estimate of $24,000.00 for gravel.

Treasurer’s Report:  Treasurer Ezell had 2 bills submitted for payment Bismarck Tribune $6.32 public hearing  & $15.00 for domain name renewal for the webpage and 1 check from NDIR Fund refund for $45.00 Supervisor Olson made a motion to pay the bill submitted 2nd by Supervisor Zent. The motion was unanimously approved.

Mr. Schieve brought forward an issue on the hay bales blocking a section line. The hay are located on Braun’s property.  ACT Boar’s response was the bales are not blocking access to his property. Decision by ACT Board that no action was required & that Mr. Braun is in compliance with the regulation. Mr. Schieve disagrees with the finding of the board & the board’s decision. The County, Railroad, Sheriff  & Braun’s do not agree with Mr. Schieve.  Mr. Schieve stated he will not accept the decision from the ACT Board.  Mr. Schieve claims that the bales are not in compliance with the law. Deputy Rolfs was the deputy that came to Supervisor Zent’s home and he does not recall the exact date. The conversation between Supervisor Zent and the deputy resulted in the fact there is no infringement. The board stated Mr. Schieve wanted to pursue the matter further that would be his choice. As far as the board was concerned the matter is closed.

Other Business:  Clerk Willoughby submitted her resignation and the resignation was accepted by the board. Cyndy Meidinger agreed to fill the remainder of Clerk Willoughby’s term.

Public Hearing on Day Care continuation: Hearing no further questions of Mr. Duran for the day care in the adjacent building on his property Chairman Selzler asked for a motion. Supervisor Zent made a motion to approve the additional building for the intention of day care a commercial business and the building itself to be zoned commercial. The building itself will be inspected by the state to meet all state requirements for a day care center with a 2nd by Supervisor Olson. The motion was unanimously approved.  Chairman Selzler closed the Public Hearing portion of the meeting.

With no other business to discuss Chairman Supervisor Selzler adjourned the meeting.

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