Regular Meeting


03/06/2017, 7 PM


Members Present: Chairman, Kerry Olson; Supervisors, Paul Zent and Dave Nehring; Treasurer, Keith Bayle; Building Inspector, Greg Hillig; Weed Board, Terry Mauch, Zoning Board Member, Jerry Kunz and Clerk, Cyndy Meidinger.

Members Absent: Zoning Board Member, Rick Solberg; Assessor, Mark Splonskowski and Road Supervisor, Chad Schneider.

Chairman Olson asked if there were any additions or corrections to the previous month’s meeting. Chairman Olson noted several typos and Supervisor Zent said the typos were corrected in the revision and Chairman Olson said he missed the revision. With no other corrections Supervisor Zent made a motion to accept the minutes as written, with a 2nd from Supervisor Nehring. The motion was unanimously approved.

School Board Report: There was no report since the school board had not had their meeting, it will be next week.  Erich Kroh there is a lot of debate about the 6th graders going to Bismarck and how the tuition will be paid. Students that are open enrolled have the option to go but there is still the tuition problem. ACS students can join in the Bismarck sports program but most sports start @ 3:30 and that causes a problem for the ACS students to make it on time for practice and games. Right now, ACS students do not have the option for free busing. These are some of the problems facing the school board.

Treasurer’s Report: Treasurer Bayle said he is working on getting the figures ready for the budget. He also wants the board members to keep track of their additional meetings. Clerk Meidinger will keep attendance records for the regularly scheduled meetings and send a time sheet to Treasurer Bayle @ the end of the quarter and checks will be issued the month following the end of the quarter. There was one ach deposit from the county for $53,813.74 break down of the check is as follows $46,583.34 general fund, $5,447.74 state aid distribution and $1,782.66 township road distribution. Treasurer Bayle submitted the bills to be paid to the board. After review Supervisor Zent made a motion to pay all bills submitted followed by a 2nd from Supervisor Nehring.  The motion was unanimously approved.





Check #


Backdated per Shawn's request

Shawn Whitney





Bis Tribune




Supply reimbursement

Cyndy Meidinger




Annual PO box fee

Postal Service




S.S. & Medicare payment for 2016





Dues to Treas. Assoc.





Nov./Dec. 2016 wages

Greg Hillig









2017 Antivirus





Annual maintenance fee

Burleigh County




Jan/Feb/March reimbursement.

Cyndy Meidinger




Prepaid premium





Web maintenance. annual

Krafty Web Works






Treasurer Bayle asked about the BCTOA meting and if he was supposed to attend. The board said it is for all township officers and if he was available to attend and the meeting would be paid for by the township. The meeting will be held on March 15th @ the Bismarck AmVets Club.

Chairman Olson suspended the regular meeting of ACT and opened the Zoning Board to discuss several zoning issues.

Magilke dog kennel issue.  Kenton Magilke said they had an illness in the family, the weather not co-operating and lack of help he was not able to get anything done. The skirting is frozen to the ground so it will take some time to get it out of the snow without doing so much damage to the property. Marvin Abraham was at the meeting and played a recording of the dogs barking. Mr. Magilke said he realizes the dogs do bark, he has heaters in the building & will keep the dogs in   so hopefully that will take care of the barking or it may make it less noisy. Mr. Magilke said he is hoping to have the dogs off the property by April 1st. The board asked if the dogs could be removed and taken to the Sterling property if the building was not able to be moved till later. Mr. Magilke said there was no building there for the dogs. The board made it clear the dogs need to be gone by April 1st. If the building was not movable the dogs will need to be put in one of the kennels in the area. Also Mr. Magilke will need to come to the next meeting if the dogs are not moved. Mr. Magilke said he wants the dogs to be gone also and will do his best to make it happen. The board reiterated Mr. Magilke needs to make a major effort to remove the dogs from Ms. Borr’s property.

CK Auto was 2nd on the agenda. The board asked Mr. Krein what progress was being made. Mr. Krein said he was moving cars when the ground was frozen to keep damage to the property @ a minimum. He thinks there is approximately 130 cars left. He had moved 50 cars the previous week when the weather was cold. Supervisor Zent asked Mr. Krein when he thought the cars could be off the property. Mr. Krein wanted until May 1st to get the cars off. He also stated there were pickup boxes frozen to the ground and they might take longer. Zoning Board Member Kunz asked how many cars could be moved at a time. Mr. Krein said his trailer could take 4 @ a time. Zoning Board Member Kunz stated in the time frame from now to May 1st there should be no problem getting the rest of the cars off. Mr. Krein stated there should be no problem except maybe for the pickup boxes. Supervisor Zent asked Grady Wolf what he wanted. Mr. Wolf stated he wanted the vehicles off the property a long time ago. May 1st was not his option but he would accept that. Ken Selzler was at the meeting and said Mr. Krein was doing his best to accommodate the township and Mr. Wolf. Mr. Selzler feels there should be some leniency given to Mr. Krein since he has been trying to work with the township and the City of Bismarck.  The City of Bismarck has not been the most cooperative in this situation. Mr. Terry Hoerer stated Mr. Wolf should try and be a little more accommodating to Mr. Krein. Mr. Hoerer went on to state that is why he moved out of the city of Bismarck to have a little more freedom to do what he wants with his property. Supervisor Zent said the board would address Mr. Hoerer’s issues later in the meeting. Mr. Wolf stated he wants to make sure that all vehicles and parts are off the property by May 1st.  The board wants all vehicles off the property in ACT on or before May 1st. The board also wants it known that having the vehicles gone before May 1st would be the best possible option. Mr. Krein wanted it known there might be some pickup boxes left. With no other Zoning issues to discuss Chairman Olson closed the Zoning Board and reconvened the regular meeting of ACT.

Supervisor Zent addressed Grady Wolf’s question about correcting the January minutes. Supervisor Zent contacted Tom Moe the NDTOA’s legal resource.  The regular meetings are supervisor’s meetings any changes in the minutes would need to be made by the supervisors. A township resident can make changes to the minutes @ the annual meeting. This year’s annual meeting will be March 21st which is a Tuesday and the meeting will be @ AC School 7 PM. Mr. Wolf said he did not know if he will be able to attend the meeting. Supervisor Zent said he would present the correction at the Annual  meeting if Mr. Wolf would not be able to attend the meeting. Mr. Wolf gave the correction to Supervisor Zent.

Road Supervisor’s Report:  Supervisor Schneider was not present at the meeting. Supervisor Zent said Supervisor Schneider called him and said he did not get any calls so things seem to be getting better.  He had talked to Lorin Wolf and he would be available to remove problem trees for the township if they are out of the snow. Clerk Meidinger said there were some trees on the north side of 62nd St SE before Omar St that are causing a problem with the snow.

Assessor’s Report: Assessor Splonskowski was not present to give a report but he has been working on getting new building permits in the system.

Abatements:  James Morris @ 1101 80th SE for an abatement due to fire @ his residence. Supervisor Zent said Mr. Morris is the one who is dumping raw sewage in Apple Creek. The sheriff’s department has been called about the problem and it is an issue to be resolved. The board must act on the abatement. He is requesting abatements for the years of 2015 & 2016 due to fire damage to his home. A discussion followed resulting in a motion from Supervisor Zent to approve the 2 abatements, Supervisor Nehring 2nd the motion.  The motion was unanimously approved. The second item to discuss was a request from Terrance & Debra Hoerer, 9005 Lincoln Road for 2 Disabled Veterans Credits one for 2015 will be a partial credit for 8 months and a full year credit for 2016. Before discussing the Disabled Veteran Credit, Chairman Olson said the board has received multiple complaints about all the stuff surrounding Mr. Hoerer’s property. The complaints included the presence of skunks due to all the pallets giving hiding places. Mr. Hoerer stated he had not seen any skunks. He also went on to say the reason for the pallets are he does mazes for Halloween for under privileged kids. Before he could take the stuff down he fell and did major damage to his hips then the snow came and was not able to do clean up. Now he can start the cleanup. The board wanted Mr. Hoerer to know even though he is not in the city of Bismarck he is in a residential area and must be considerate of his neighbors.  Chairman Olson asked the board for a motion on the Disabled Veterans Credit for Mr. Hoerer. Supervisor Zent made a motion to approve the partial credit for 2015 and the full credit for 2016 Supervisor Nearing 2nd the motion. The motion was unanimously approved.

Building Inspection Report:  Inspector Hillig said he had a foundation inspection he did not have a name but would have the info at the next meeting. He also stated the pre-permit form was up on the web site but the gas and septic was not changed to ACT. Clerk Meidinger said she would get it changed.

New Business: Supervisor Zent said he had a meeting with Thomas Kelsch from the firm of Kelsch, Kelsch Ruff & Kranda, Attorneys at Law. Supervisor Zent said he had a good meeting with Mr. Kelsch. Items discussed were about the type of representation the township would need. The decision was not to go on retainer but do a need based fee system based on $200.00 per billable hour with a minimum charge of .3 of an hour, per telephone call or office visit. A discussion followed with the suggestion to get additional clarification on the per hour charge. The board agreed that would be worthwhile to get more detail. Chairman Olson asked if there was other discussion being none Supervisor Nehring made a motion to accept Mr. Kelsch as legal counsel @ $200.00 a billable hour with the possibility of doing a retainer in the future if needed the motion was 2nd by Supervisor Zent.  The motion was unanimously approved.

Chairman Olson asked if there was any other business to discuss, being none he adjourned the meeting.

Respectfully Submitted

Cyndy Meidinger

Clerk ACT










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