ACT Board of Supervisors Meeting & Public Hearing


05/06/2019, 7:00 PM

Members Present: Chairman Mark Springer; Supervisors, Nathan Kuntz and Dave Nehring; Building Inspector, Greg Hillig; Clerk, Cyndy Meidinger; Road Supervisor, no replacement; Treasurer, Jamie Vetsch; Weed Board, Terry Mauch; Zoning Board, Jerry Kunz and Roy Kaul.

Members Absent: Assessor, Mark Splonskowski.

Chairman Springer opened the meeting and asked if the board had time to read the April minutes and asked if there were any additions or corrections to the minutes. Supervisor Nehring stated he found none and made a motion to accept the minutes as written. The motion received a 2nd from Nathan Kuntz and was unanimously approved.

Ty Hauglie from Apple Creek Country Club appeared before the board to ask for approval to obtain a liquor license from Burleigh County. The board agreed to allow the permit request and Supervisor Nehring made a motion to approve the license request. Supervisor Kuntz 2nd the motion and it was unanimously approved.

Consent Agenda: Lance Piatz appeared before the board with a request to subdivide 80 acres in the area of 48th Ave SE and 66th St SE. Mr. Piatz had a map of the property he wanted to subdivide. Supervisor Nehring asked what his plans for the subdivision were. Mr. Piatz stated ideally, he wanted to subdivide into 1 & ½ acre lots. Mr. Piatz was told ACT does not allow any lots smaller than 5 acres. Chairman Springer said since he was next to Lincoln, he could petition Lincoln to annex to Lincoln so he could do 1 & ½ acre lots. Supervisor Nehring said if he annexed to Lincoln, he could do the smaller lots but would be required to pave the subdivision. If he stayed in ACT jurisdiction, he would have larger lots but would not have to pave the subdivision. In either case the roads would have to be up to county specs at his cost. Mr. Piatz thanked the board and said he would take the facts back and run the numbers to see what would work best. He also stated this is a fact-finding mission and the subdivision would not happen right away.

School Board Report: Chairman Springer said the school board election would be in June and there was opening on the school board and Roy Kuil was running for that position. Chairman Springer also stated the school board sent up a building fund for a gymnasium. He also said the school board is working to get funding and not to have to raise school tax to fund the building. There is also the question of where to put the building, parking was another consideration. The board is looking into trying to acquire more land to make it work. These are all questions the school board is trying to sort through to make the gymnasium happen.

Treasurer’s Report: Treasurer Vetsch reported there is a checking account balance of $60,976.71 and has a savings balance of $189,088.15 these balances reflect a transfer of $32,000.00 from checking to savings. Treasurer Vetsch said she left the township checkbook @ the office and would not be able to write checks tonight. She also wanted to know if she and Clerk Meidinger could sign the checks for the Kramer Agency Insurance since it is due May 9th after discussion Supervisor Nehring made a motion to pay the bills presented and allow Clerk Meidinger and Treasurer Vetsch to sign the checks so they can get sent out. Supervisor Kuntz 2nd the motion and the motion was unanimously approved.

May Bills



Assessor’s Report: No report due to the absence of Assessor Splonskowski. Clerk Meidinger brought up the point that Assessor Splonskowski does not seem to have a lot of accountability. She thought in the contract that he is supposed to attend all monthly meetings and @ the tax equalization meeting is when his contract is reviewed which did not happen @ the equalization meeting. Supervisor Nehring said at the very least the assessor should be at quarterly meetings. He said he would visit with Assessor Splonskowski of the concerns and report back @ the June meeting.

Building Inspector’s Report: Inspector Hillig reported he had 4 permits for April and the beginning of May, did 3 inspections, had 1 no permit letter sent and fielded 7 phone calls

Building Permits:

  1. Permit # 2019-2 Rick Wald 11761 Hillard Dr Menoken, ND 80’x40’x16’ 3,200 sq. ft shop

    Valuation of work $67,200.00 permit fee $333.19 pd ck # 2381

  2. Permit #2019-3 Eugene Halverson 9100 Bar D Road Bismarck, ND 48’x40’16’ 1,920 sq. ft. shop/floating slab valuation of work $40,320.00 permit fee $354.28 pd ck # 4589

  3. Permit #2019-4 Tony Tank 9402 Creekside Dr. Bismarck ND 80’30’x10’ 2,400 sq. ft shop/concrete floor valuation of work $50,400.00 permit fee $445.27 pd ck # 1568

  4. Permit # 2019-5 Mark Sayler 10009 Pond Place 40’x30’x10’ 1,200 sq. ft shop/ floating slab valuation of work $27,600.00 permit fee $276.81

April Permits

Inspections: 9234 Lincoln Rd, 6600 55th St SE, 11533 Herman Dr, No permit letter 8500 Lincoln Road.

Phone Calls: Setback questions, Parking Pad, Excavation Depth, Subdivision Plot, call on no permit & 2 calls on contractor complaints.

Road Supervisor’s Report: Supervisor Nehring asked if there was any more interest in the road supervisor position. Clerk Meidinger said she had not received any more interest. Roy Kuil was the only person who had expressed any interest in the position. After discussion Chairman Springer asked if Mr. Kuil was still interested in the position. Mr. Kuil’s responded he is still interested in the position with training. After discussion Supervisor Nehring suggested the board accept Mr. Kuil as Road Supervisor. The board agreed with assigning the Road Supervisor position to Mr. Kuil in addition to his position on the Zoning Board. The board continued discussing the state of the roads in the township, some of the roads mentioned that needed repairs are Northgate Dr., roads in Sunrise need work, 62nd Ave SE also needs work. There was a question on the possibility of setting up a priority list of road that need work. Supervisor Nehring said since the county does the work, they set the schedule of when the work gets done. The township board can suggest a priority list, but the county has the final say.

Public Hearing/Zoning Board: Chairman Springer suspended the regular meeting ACT and opened the Zoning Board. Dusty Hasper appeared before the board to request a variance for set back so he could build a 60’x88’ shop south of where the Zent house now sits. The Zent house is 125’ from the center of 93rd St SE and Mr. Hasper is asking for a 150’ setback instead of the 175’ setback. A discussion followed and resulted in a motion from Zoning Member Kuil to approve the 150’ setback for Mr. Hesper’s property. The motion received a 2nd from Zoning Member Kunz. Roll Call Vote: Zoning Board Roy Kuil, Jerry Kunz, Supervisors Dave Nehring, Nathan Kuntz and Chairman Mark Springer. Motion Carried.

Terrance Hoerer 9005 Lincoln Rd. Chairman Springer said he contacted the County States Attorneys office and their recommendation was if the township wanted closure on this issue that court action would be the best option. A discussion followed it was agreed after letters and meetings with the landowner and there had been no noticeable improvement in the appearance of the property. As a result of the discussion Supervisor Nehring made a motion to contact the Burleigh County State’s Attorney’s Office and start proceedings. Zoning Member Kuil 2nd the motion. Roll Call Vote: Supervisor Nehring, yes; Zoning Member, Kuil, yes; Zoning Member Kunz, yes; Supervisor, Kuntz, yes and Chairman Springer, yes Motion Carried.

Section Line Dispute: Arnold Scheive was at the meeting to discuss the section line that he shares with Braun’s. Chairman Springer said he read the file on the section line and he and the board thinks the best course of action would be to have the county survey the section line and decide based on the survey. There was a question about closing the section line and Supervisor Nehring said the board does not want to close the section line but there needs to be a decision made and the issue needs to be closed. After a discussion Supervisor Kuntz made a motion to contact the county and get the section line surveyed the motion received a 2nd from Supervisor Nehring. Roll Call Vote Supervisor Kuntz, yes; Supervisor Nehring, yes Zoning Members Kuil, yes Kunz, yes and Chairman Springer yes; Motion Carried.

Treasurer Vetsch asked about the accessory building size and wanted the township to adopt the county’s guideline of 4% of the lot size. For now, it will have to be a variance because the change will have to be @ the Annual Meeting in March.

Chairman Springer closed the Zoning Board/ Public Hearing and reconvened the regular meeting of ACT. He asked if there was other business to discuss being none, he adjourned the regular meeting of ACT @ 8:18 PM

Respectfully Submitted Cyndy Meidinger, clerk ACT

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