Regular Meeting


11/13/2017, 7 PM

Members Present: Chairman, Paul Zent; Supervisor, Dave Nehring; Building Inspector, Greg Hillig; Clerk, Cyndy Meidinger; Road Supervisor, Chad Schneider; Treasurer, Jamie Vetsch; Weed Board, Terry Mauch and Zoning Board, Jerry Kunz.

Members Absent: Assessor, Mark Splonskowski and Zoning Board, Rick Solberg.

Chairman Zent asked if there were any additions or corrections to the October minutes. Being none Supervisor Nehring made a motion to accept the minutes as written. Supervisor Zent 2nd the motion and the motion was unanimously approved.

Chairman Zent said the board received notice from Supervisor Olson of his intention to resign his position since he was moving out of the township. He went on to say that Mark Springer said he would be willing to complete Supervisor Olson’s term which will be up for election in 2020. After discussion Supervisor Nehring made a motion to accept Mr. Springer’s offer to complete Supervisor Olson’s position. The motion was seconded by Chairman Zent. The motion was unanimously approved. Motion carried.

There were several questions from Eric Kroh about a possible conflict since Supervisor Springer also served on the school board. Supervisor Zent stated in the past there have been supervisors on both boards and they would recuse themselves from voting on any school board (money) issue. Supervisor Zent also stated when a supervisor resigned his/her position the person taking over the position fills the term to keep the rotation in order. That way there is only one supervisor a year up for election.

Consent Agenda: Gene Weise was at the meeting on behalf of his daughter and son-in-law Sara and Lucas Brendel who are moving back to Bismarck from Fargo. They would like to buy a 5-acre parcel (auditors lot) on the west side of Joe Brendel’s property. The lot is by the NE corner of Leisure World Estates (the farthest east end). Chairman Zent said the board would need a legal description of the lot, a public hearing would need to be held and notice would need to be posted in the Bismarck Tribune. Mr. Weise said he would like to have the public hearing @ the December 4th meeting. Chairman Zent said Mr. Weise would need to contact Clerk Meidinger with the legal description so notice could get put into the tribune.

School Board Report: Supervisor Springer said there had been a lot of clean up @ the school, a new sign was put up on the school. There was also a bill submitted for improvement of the driveway for the school building. The bill was for 45 tons of crushed asphalt, hauling & spreading. Total invoice was $1,330.00. ACT township portion would be $665.00. Eric Kroh stated he had been in contact with the county and the 2 approaches into the school will be posted with entrance and exit signs.

Assessor’s Report: There was no report due to the absence of Assessor Splonskowski. Clerk Meidinger had 3 abatements from Robert and Joyce Oatfield. The requested abatements are for the years 2017, 2016 and 2015 each abatement was for $38,600.00. A discussion followed and Chairman Zent said he would contact Assessor Splonskowski about the abatements since the lot is residential and they are requesting an agricultural abatement. Supervisor Nehring made a motion to table further discussion until the December 4th meeting. Supervisor Springer 2nd the motion. The motion was unanimously approved.

Building Inspector’s Report: Building Inspector Hillig reported he had contacted Galen Dewing about getting a building permit for his hay building. Inspector Hillig said Mr. Dewing flat out refused to pay for a permit for the building, claiming he should be exempt because he is a farmer. A discussion followed, and a letter will be sent to Mr. Dewing stating the board wants to treat everyone the same and anyone else would need a permit. In the letter Mr. Dewing will be invited to the December meeting so he can discuss the issue with the board.

Inspector Hillig said he issued 2 building permits

  1. Pat Lengenfelder permit # 2017-21 @ 8305 Pleasant View Rd Bismarck for a pole barn on a gravel base 24’x24’x10’ total of 576 sq. ft. valuation of work $12,096.00 permit fee$ 166.13 pd check 3129.

  2. Kevin Seidel permit # 2017-22 @ 10024 Pond Place Bismarck for a new home with attached garage with a full basement and 300 sq. ft. deck. 67’x34’x8’ main building, garage 38’x34’x10 for a total of 3254 sq. ft. finished valuation of work $297,041.00 permit fee $1,434.97 pd check # 20052.

Total increased valuations are $309,137.00 total permit fee for the month is $1601.01

He also had 7 inspections for the month:

  1. 10-2-17 Josh Lengenfelder gas line inspection, Pleasant View Road, Bismarck.

  2. 10-3-17 Wald septic tank inspection, Hillard Drive, Menoken

  3. 10-4-17 Josh Lengenfelder septic tank inspection Pleasant View Road, Bismarck.

  4. 10-12-17 Wetzel framing inspection, 8365 Irish Lane, Bismarck

  5. 10-12-17 Wald drain field inspection, Hillard Drive, Menoken

  6. 10-24-17 Guthmiller footing inspection, 62nd Ave SE, Bismarck

  7. 10-28-17 Guthmiller wall inspection, 62nd Ave SE, Bismarck

He had several phone calls

  1. 10-12-17 Received a phone call stating Gaylen Dewing started another building without a permit

  2. 10-13-17 Conversation with Gaylen Dewing about a permit for his building

  3. 10-16-17 Gene Weise on various codes on basement egress

  4. 10-16-17 Guthmiller on codes for basement walls

He also checked on a building @ Gaylen Dewing’s no permit (10-13-17) left phone message for Gaylen to contact him about a permit.

Road Supervisor’s Report: Supervisor Schneider said he issued 1 approach permit to Roger and Darlene Holznagel @ 10024 Pond Place permit fee $50.00 paid cash.

Phyllis Rittenbach, President of Apple Valley Drive Association was at the meeting to find out if there needed to be a permit or approval given to remove some trees in the ditch on her property that were in the right-of-way and were obstructing the view. She contacted Road Supervisor Schneider he inspected the area and and he in turn contacted Chairman Zent. Chairman Zent inspected the property and then contacted Apple Creek Country Club to get their input. They had no problem with removing the trees in question. A discussion followed, and the board stated she did not need a permit or approval from them. The removal just needs to be done in a responsible manner.

Chairman Zent had a meeting with the county about moving the approach @ 6616 62nd Ave SE. The county said the cost of moving the approach would be between $6,000.00 & $7,500.00. The Harpole’s and Berger’s were staunchly opposed to paying any part of moving the approach since the original approach was done according to the recommendations of the former road supervisor. After discussion it was determined that ACT would be responsible for the cost since the road supervisor ok’d the original approach. There are 2 culverts and the new lot to the east will need to have access to the approach. Supervisor Nehring made a motion to pay the township portion of the bill which is $3,000.00 and not bill the other parties. The motion was 2nd by Supervisor Springer. The motion was unanimously approved. Motion Carried.

Supervisor Schneider noted several increases to the annual maintenance agreement and an overall fee increase for the year. Chairman Zent stated the BCTOA was working on getting the fees lowered. Supervisor Nehring said the BCTOA was questioning where the money goes when there is limited need for snowplowing in the years when there is not much snow. Supervisor Schneider said the extra money goes into the emergency fund. So, several years ago when Bismarck was having flooding issues there was money in the emergency account to help off set costs. He also stated the DAPL issue in Morton County was a substantial drain to the Morton County Highway Department that tapped their emergency fund.

Treasurer’s Report: Treasurer Vetsch reported as of Oct 31st the balance in checking is $247,382.33 and savings is $20,468.10. She had 5 invoices submitted for payment, Burleigh Co Hwy Dept. TAO International 2 bills web service for 2017 & 2018, Apple Creek School for approach improvement & NDTOA Annual Meeting. After discussion Supervisor Nehring made a motion to pay all bills submitted, Chairman Zent 2nd the motion. Roll Call Vote, Supervisor Nehring, yes; Supervisor Springer recused himself from the vote, Chairman Zent, yes; motion carried.


Paid to

Description Of Service



voided check



$ 314.90

TAO International

Web hosting 2018


$ 3,000.00

Burleigh Co Hwy Dept.

6616 62nd Ave approach improvement


$ 299.95

TAO International

Web hosting 2017


$ 665.00

Apple Creek School

ACT portion of driveway improvement


$ 80.00


Admission to NDTOA Annual Meeting in Dec.


$ 4,359.85



Treasurer Vetsch asked about the tree farms in the township and how that worked in a residential area. Chairman Zent responded the township has a commercial/other zoning classification that allows residents to use for a light commercial purpose.

Weed Board: Board Member Mauch had nothing new to report.

Other Business: Chairman Zent said the NDTOA Annual Meeting will be Monday Dec 4th @ Ramada Inn on Interchange Ave. registration starts @ 7:30 AM with the meeting starting @ 8:30 AM. Chairman Zent asked if anyone was interested in attending. Clerk Meidinger said she would attend and Weed Board Member Mauch said he would also attend.

Chairman Zent said Myrna Meidinger had contacted him regarding the possible subdividing of their property so their son could build a home. Since she was not @ the meeting there was no discussion.

Chairman Zent asked if there was any other business to discuss being none Supervisor Springer made a motion to adjourn the meeting. Chairman Zent adjourned the meeting.

Respectfully Submitted,

Cyndy Meidinger

Clerk ACT

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