Regular Meeting


04/04/2016, 7 PM

Members Present: Chairman, Ken Selzler; Supervisor, Kerry Olson; Road Supervisor, Chad Schneider; Building Inspector, Shawn Whitney; Zoning Board Members, Jerry Kunz & Rick Solberg; Weed Board Member, Terry Mauch and Clerk, Cyndy Meidinger

Members Absent: Supervisor, Paul Zent; Assessor, Mark Splonskowski and Treasurer, Kay Schoenhard.

Chairman Selzler opened the meeting the minutes from the previous meeting were discussed for review and or corrections. Being no corrections Supervisor Olson made a motion to approve the minutes as written with a second from Chairman Selzler. The motion was unanimously approved.

School Board Report: There was no one present from the school board to give a school board report.

Burleigh County Land Use Plan: Richard Drewlow and were present to give ACT residents an update on present and future land uses in the county, in the areas that don’t have local zoning regulations and are regulated by county zoning.  All information can be obtained at the website The main growth area is north of Bismarck where smaller lots can be purchased There are also areas outside of Bismarck that have zoning for smaller lots making it more profitable for development.

 The 66th St SE Interstate Interchange is possibly out 12 to 20 years due to funding and required land use studies. There is a possibility of an activity center on Lincoln Road and 93rd St SE. Also there is possible interest for more activity in the Menoken/McKenzie area due to the flat location and the access to rail and I-94.

Treasurer’s Report: Treasurer Schoenhard was not @ the meeting so no report was given.  Building Inspector Whitney requested the township reimburse him for taxes not paid by the township for 2015. After discussion Supervisor Olson made a motion to reimburse Inspector Whitney $392.00 for 2015 taxes not paid by the township and also approve to pay all bills presented. Chairman Selzler 2nd the motion. The motion was unanimously approved.


Paid to

Description of Service



Dan Reis

Judge Annual Meeting

 $                         50.00


Pat Sullivan

Judge Annual Meeting

 $                         50.00


Arlene Abraham

Judge Annual Meeting

 $                         50.00



1st Qtr. Taxes

 $                         62.05


Bismarck Tribune

Tax Equalization Meeting Ad

 $                            8.30


Cyndy Meidinger

Supply reimbursement

 $                         21.74


Great American Trucking

Tree & shrub removal & clean up on                   76th Ave SE & corner of 93rd St SE

 $                   8,500.00


Shawn Whitney

tax reimbursement

 $                       392.00


Chad Schneider

1st Qtr. wages

 $                       185.56


Cyndy Meidinger

1st Qtr. wages

 $                       930.73


Jerry Kunz

1st Qtr. wages

 $                       110.82


Kaylene Schoenhard

1st Qtr. wages

 $                       277.05


Ken Selzler

1st Qtr. wages

 $                       262.57


Kerry Olson

1st Qtr. wages

 $                       221.64


Mark Splonskowski

1st Qtr. wages

 $                       374.45


Paul Zent

1st Qtr. wages

 $                       184.70


Rick Solberg

1st Qtr. wages

 $                         73.85


Shawn Whitney

1st Qtr. wages

 $                       763.02


Terry Mauch

1st Qtr. wages

 $                       110.82



 $                 12,629.30


Weed Board: Nothing to Report

Zoning Board: Chairman Selzler suspended the regular meeting of ACT and opened the Zoning board to discuss the partial annexation in Lincoln of auditor’s lot #10 and hear a request by Bill Fineman for a subdivision of property from Rick Solberg. There was a discussion on the annexation of Auditors Lot #10 and Supervisor Olson said he would attend the meeting to see what the annexation was all about.

Next the board heard a request for a sub-division zoning change for the parcel: E ½ SW ¼, Section 3; Twp. 138, Range 79 in Burleigh County adjacent to Apple Creek Ridge Subdivision in 1 ½ to 2 acre lots. Bill Fineman and Rick Solberg were present to discuss this request.  Since the subdivision was next to a subdivision with smaller lot sizes and there are subdivisions around this parcel with smaller lots, they felt their request had merit. Chairman Selzler said the subdivision just to the east was done when the City of Bismarck had the zoning authority. It was after that when ACT got the 2 mile zoning back the township @ an annual meeting voted very strongly to keep the 5-acre lot limits. Chairman Selzler also stated the only way to change that would be by ballot @ an annual meeting.

Nathan Jensen was at the meeting with a request to have a tree trimming business out of his residence on Omar St in Glasser Subdivision. Supervisor Olson wanted to know if the machinery would be parked outside on the property. Mr. Jensen responded that his plans are to have a building put up to house the machinery. Clerk Meidinger also reminded Mr. Jensen that he needs to have some organization on the property with the campers and other items setting on the property making the property looking messy. Road Supervisor Schneider also mentioned the setback for Mr. Jensen’s tree row and he needs to follow the township guidelines for tree row placement.  Supervisor Olson made a motion to approve the request on a temporary basis until the end of August.  At the September meeting the request will be reviewed and further action will be taken @ that time. Supervisor Selzler 2nd the motion. Roll Call Vote, Zoning Board Members Kunz, yes, Solberg, yes, Supervisor, Olson, yes and Chairman Selzler, yes. Motion Carried.

There was also a request from Jason & Chris Dirk @ 8201 White Oak Loop on a variance for a change in the front set back from 40 to 35 ft. There was no information regarding why the request etc. After discussion Supervisor Olson recommended a do not approve for the variance stating more information was needed to make the decision. Zoning Board member Kunz 2nd the motion, roll call vote, Supervisor Olson, no; Zoning Board Members, Kunz, no & Solberg, no and Chairman Selzler, yes; motion carried, request denied. There was also a request from Roy & Renee Seibel for a for an oversized garage 2,100 sq. ft. a discussion followed with Supervisor Olson making a motion to approve the request for the oversized garage with a second from Zoning Board member Kunz. Roll call vote, Supervisor Olson, yes, Zoning Board members Kunz yes & Solberg yes Chairman Selzler yes, motion carried.

With no other Zoning Business to discuss Chairman Selzler closed the Zoning Board and reopened the regular meeting.

Assessor’s Report: Assessor Splonskowski was not at the meeting so no report was given. Clerk Meidnger reminded everyone of the Tax Equalization meeting on Wed April 13th 7 PM.

Road Supervisor’s Report: Supervisor Schneider had to approach permits:

Steve Johnson 9401 Creekside Drive East Valley Estates $50.00 Pd Ck# 3275

Roy & Renee Seibel 1201 Apple Way East Valley Estates $50.00 Pd Ck# 12860

There was also discussion on the gravel portion of 119th St SE. Supervisor Schneider stated the options for 119th St are to scarify the road bed and pull up the gravel from the shoulders. This will make the road narrower and the road count for 119th is 300 cars to the north and 200 to the south. ACT is still trying to get the county to take over the rest of the 119th. The county will also look @ where the pavement ends and see if anything can be done to make the transition better between the gravel and the pavement. The shoulder pull might have to wait until the shoulders firm up maybe in a month or so the work can begin.  ACT is working with the county on an estimate for a cost share for pavement. Supervisor Schneider will contact the county about spraying the small trees on 76th Ave & 93rd St SE to keep them from growing back. Also Supervisor Schneider and Supervisor Olson will do a road inspection Friday April 8th to determine what roads will need additional work this season.

Building Inspector’s Report: Inspector Whitney had 2 building permits issued for March

Permit #2016-3 Joe Brendel @1800 93rd St SE 20’x28’ attached garage Permit Cost $200.00 Pd ck # 9039 valuation of work $11,200.00. Permit # 2016-04 Roy and Renee Seibel @ 1201 Apple Way new home 2089 sq. ft.,1275 sq. ft. attached garage and 35’x60’ 10’ high detached garage. Inspector Whitney had 1 basement framing inspection

Other Business: Dan Reis asked how to handle the atv problem in the ditches along 93rd St SE. The rides are damaging driveways and property. Since 93rd is a county road the board suggested getting a group of residents along 93rd to get on the county commission meeting agenda and voice a formal complaint in force. The other possibility is to get a noise ordinance on the annual meeting ballot. Chairman Selzler also stated the board is considering getting legal counsel on retainer to help in this type of situation.

Chairman Selzler asked if there was any other business to discuss, being none the meeting was adjourned @ 9PM

Respectfully Submitted,

Cyndy Meidinger

Clerk ACT


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