ACT Board of Supervisors Meeting & Public Hearing


09/10/2018, 7PM

Members Present: Chairman Dave Nehring, Supervisors Mark Springer and Paul Zent; Building Inspector, Greg Hillig; Clerk, Cyndy Meidinger; Treasurer, Jamie Vetsch; Weed Board, Terry Mauch and Zoning Board Member, Jerry Kunz

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

Chairman Nehring opened the meeting and asked for corrections or additions to the August minutes. Supervisor Zent said he read the minutes and they were ok. Chairman Nehring noticed the in the agenda and the minutes SEH, Short Elliott Hendrickson Inc. was incorrectly written. Clerk Meidinger said she would make the corrections. Supervisor Zent made a motion to accept the minutes as corrected, the motion received a 2nd from Supervisor Springer and the motion was unanimously approved.

SEH Short Elliott Hendrickson Inc. Toni Haider, representing the firm passed out maps with the proposed ETA changes based on an old map from Kadermas Lee & Jackson. Some of the proposed changes would be for Lincoln to take control of zoning to 80th St SE which would include all of Sections 17, 20 part of Sections 7,8,9, 16,25 & 30 which would include Leisure World from Apple Creek. The goal is to clean up boundaries between ACT, Bismarck and the City of Lincoln. There are areas in Lincoln that are split so when licensing they must get a license from Bismarck and Lincoln.

Ms. Haider said her firm is working on a project to double the water tower capacity. Also, they are working on possibly removing the lagoons and putting in a lift station to allow Lincoln to hook up to the City of Bismarck Sewer System.

Lincoln’s long-range plan is it’s population will keep growing and spreading out. Chairman Zent said in the past Lincoln had problems with their zoning. They had zoned some land commercial/industrial and the property owners complied with the regulations. Then several years later Lincoln changed the zoning to residential and the commercial property owners incurred many thousands of dollars of cost to meet the new regulations. There was also a time when Lincoln wanted to take zoning of some areas, so they could receive the fees from the permits but did not want to take control of the road. Chairman Zent said if Lincoln would take jurisdiction from ACT for zoning and permits they must also take over road maintenance for the respective roads that would be in the areas taken over by Lincoln. Supervisor Zent also stated there was an ETA agreement between ACT and the City of Lincoln in 2010. Copies were made and given to Ms. Haider to help fill in the gaps.

Supervisor Zent also said she would be welcome to come to any meetings to meet with the board just let Clerk Meidinger know so the firm could be put on the agenda.

School Board Report: Supervisor Springer said the school wants to build a dodge-ball pit. He said the U of M Engineering students need a project and they would do the work. The pit would have 2 ft walls. None of the board members had an objection to the project but thought it might need to be a consent agenda item.

Treasurer’s Report: Treasurer Vetsch reported the checking account balance of $ 181.092.21 and savings of $186,774.51. She had 2 bills to pay 1 to the county for township gravel $85,901.36 and one for Cyndy Meidinger reimbursement for the public hearing for tonight’s meeting. The Tribune has implemented a policy that all ads need to be prepaid before they will print the ad. A discussion followed resulting in a motion from Supervisor Zent to approve payment for the bills presented. Supervisor Springer 2nd the motion was unanimously approved, motion was carried.

Public Hearing: Supervisor Nehring opened the Public Hearing to discuss the 2019 proposed budget. He asked if anyone had anything they wanted to discuss about the proposed budget. Treasurer Vetsch stated the Budget request for 2018 was $153,000.00 and the 2019 budget request was $156,000.00. The understanding of the board was if ACT did not submit a revised budget the county would use the budget request from the previous year. At the time of the hearing no one came forward with any questions or comments regarding the 2019 proposed budget. Chairman Nehring said he would leave the Public Hearing open if someone had any questions during the meeting they could still be addressed.

He suspended the regular meeting and public hearing, so he could open the Zoning Board to hear a request for a variance from Brandon Snyder to move a mobile home to his property @ 1101 80th St SE south of Apple Creek Road which had been destroyed by fire. Mr. Snyder did get approval from his neighbor’s to move a mobile home or modular home to his property. He has been working with Burleigh County to meet the requirements to put a house on the flood plain. A discussion followed, and Mr. Snyder said the home would be on piers and he would have the home meet the required height above the flood plain. He also stated the homes he was looking at are 2005-2010 model years. After further discussion, Supervisor Springer made a motion granting the variance to Mr. Snyder to move a mobile or modular home to the property. He also included in the motion that the board would like to have pictures of the home before the home would be placed on the piers/foundation. Supervisor Zent 2nd the motion. Roll Call Vote Supervisor Springer, yes; Supervisor Zent, yes; Zoning Board Member, Kunz yes; Chairman Nehring yes. Motion was carried. Building Inspector Hillig said Mr. Snyder should also get an engineer to make sure the elevation of the additional dirt and foundation is correct.

Update on property owned by Terrance & Debra Hoerer 9005 Lincoln Road: There has been some cleanup of the property, but the progress is very slow. Also, it was reported that the sheriff’s office was called because of miss treatment of some of the animals on the property. Since the Bismarck Burleigh Public Health has taken the lead, the ACT board is comfortable with their handling of the problem for now.

With no other Zoning issues Chairman Nehring closed the Zoning Board and reconvened the regular meeting of ACT & the Public Hearing.

Assessor’s Report: No report due to the absence of assessor Splonskowski.

Road Supervisor’s Report: No report due to the absence of Supervisor Schneider. Supervisor Zent had several updates for the board and audience. 119th & 66th asphalt is down but shoulders are not done and will be completed by fall. There was also some discussion on Pleasantview and Northgate Drive. Since the roads are very dry they are becoming very bumpy (full of washboard type of bumps). The board will work with Supervisor Schneider to see what can be done about the problem.

Building Inspector’s Report: Inspector Hillig submitted 1 permit for August to Sherry Norbeck @ 6605 Eric Ave Bismarck for poured foundation and move a house to the property. Valuation of work $55,075.00 and permit fee is $574.45 paid by check # 4234.

Inspector Hillig had 14 inspections for August

  1. Final inspection for Apple Creek School septic system

  2. Final inspection for 8203 Apple Creek Road

  3. Framing Inspection 11444 Herman Ave

  4. Remodel meting with Creative Construction for 11009 lakeview

  5. 6600 55th Ave SE concrete wall extension inspection

  6. 6600 55th Ave SE concrete wall inspection

  7. 6605 Eric Ave footing inspection

  8. 5901 66th St SE framing inspection

  9. 6605 Eric Ave concrete wall inspection

  10. 11533 Herman Drive footing inspection

  11. Apple Creek School all building inspection with board

  12. 6305 Omar St gas line inspection

  13. Framing inspection 1785 80th St

  14. Drain tile inspection 6605 Eric Ave.

Phone Calls

  1. 6600 55th Ave SE what is needed to extend concrete wall height

  2. 6600 55th Ave SE drain tile questions

  3. 6600 55th Ave SE basement waterproofing

  4. Herman on septic questions and deck framing

  5. Brandon Snyder on dirt elevation floor plan

Weed Board Report: Supervisor Mauch had nothing new to report.

2019 Budget Request: Supervisor Nehring reopened the public hearing regarding the 2019 budget request. No one had any discussion on the budget that was submitted after the 2018 annual meeting. Since there was no discussion either way on the budget Supervisor Zent made the motion to resubmit the budget request from the 2018 annual meeting. The motion received a 2nd from Supervisor Springer. Roll call vote, Supervisor, Zent yes; Supervisor Springer, yes and Chairman Nearing, yes. Motion carried. As far as the board knows if there is a reduction in the budget it will be what was asked for in 2017 which is $3,000.00 less than what was requested in 2018

Chairman Nehring closed the public hearing on the budget request and reconvened the regular meeting of ACT.

Chairman Nehring stated he received Supervisor Zent’s resignation after being a member of the board for 31 years. He thanked Supervisor Zent for all his years on the board and the commitment he made to ACT. Supervisor Zent’s resignation will be effective as of September 11th, 2018. Chairman Nehring also said Ken Selzler was contacted to fill Supervisor Zent’s term. Ken Selzler is in the process of moving back to his home in ACT. Mr. Selzler will be sworn in @ the October meeting.

Chairman Nehring asked if there was any other business to discuss, being none, he adjourned the public hearing and regular meeting of ACT.

Respectfully Submitted,

Cyndy Meidnger

Clerk, ACT

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