ACT Board of Supervisors Meeting


03/07/2022, 7:00pm

Apple Creek Township

Special Meeting

Monday, March 7, 2022 6 p.m.

1. Call to Order- Mark Springer called meeting to order. 2 min for each person, must state name clearly for record, 6:50pm CST discussion will end so a vote can be made.

2. Discuss lot sizes – limit to 2 minutes per person

This special meeting is because there was a legality challenge on the January meeting on whether the notices were timely. Zoning is still 5 acre lots at this time. This meeting is to revisit and vote on lot sizes.

Rick Hesinger: wants 5 acre lots. Concerned 2 min is not enough. Read sections of February minutes to the board. What would the revenue be from the reduction of lot size any way of knowing what that would be.

Dan Reis: Gives up 2 minutes to Rick Heisinger

  1. H: read from February minutes. lot size has not been changed since I have lived out here. My understanding when you bring up lot size it needs to be public consensus & I think public should get to vote. Read more from February minutes.

Tricia Bentz: Gives Rick her 2 min

Rick H: Everyone has opinion and has a right to that. I don’t think board should get to decide this. Wanted to be on the agenda for the meeting to discuss the fact he does not want 2 acre lot sizes and understands he needed to be added for a consent agenda.

Coty Sicble: Donates time to Rick

Rick H: anyone have estimates on what kind of revenue we will get. Public would like to vote. Handed letter from Burleigh County from Allan Vietmeier. Letter states it is a breakdown of what contributes to the value of taxes. Taxable value is $17920191 for 2021. Value generates approximately $133,000 per year in property taxes based on mill levy of 7.42.

Diana Guthmiller: donates 2 min to Rick

Rick H: Recapping February minutes. I don’t see how you can deny my right to vote. Not the answer to bring in more revenue. Does not think 2 acres is the answer. We want this undone. People fought and died for my right to vote, I feel like I am pleading for the right to vote on my future life style. If we brought in 967 new homes all it is giving us is $113,00 in more tax revenue.

(letter states: If Township is looking to generate an additional $113,000 (bringing you to $250,000) in taxes each year you either need to add 967 new homes valued at $350,000 each or increase mill levy an additional 6.3 mills. In Allan professional opinion added expense of new homes is far greater than the income.)

Rick H was donated more time by Janelle Schwab

Rick H: I am so rushed here. I hope you don’t do this with out letting public to vote.

Janel: wants to donate remainder of time to Rick Solberg

Rick Solberg: Going down to 2 acres is such a radical change I think they could go down some. Where will the kids and people with 4 wheelers and such ride there stuff without bothering there neighbors if 2 acres. Anything you guys decide here tonight we can ratify at the annual meeting. Just might as well send to the annual meeting to let the people vote.

Robert Bolinske: I don’t think this meeting is being handled appropriately century code 58-04-05 requires an election by the people of a moderator.

Gaylen Deweing- Any action you take tonight is going to be challenged because this meeting is not being conducted properly. The ND Century codes states exactly how a special meeting of the township is to be run. So any action is going to be without legal merit.

Mark Springer and Dusty Hasper- We are following our ordinances and might be wrong. This is how our ordinances tell us how to handle this.

Robert Bolinske: statue overrides your ordinance. States qualified electors present on the day of an annual or special meeting must be called to order by the clerk. And than goes on to say we elect a moderator. You guys don’t run the show the moderator and we the people do.

Denise Johnson: I am in favor of 5 acre lots. If we have more houses we need more roads. People will want paved roads. They will be young and want all these things like gas stations and other conveniences. Are we prepared to deal with that. Because some of the people that are thinking about splitting land into smaller acres are harassing their neighbors right now stating that when we build here you won’t be able to this or that. To have smaller lots you are going to need more street lights somebody mentioned septic tanks can our land handle this more houses because we need more tax. Its not going to work because when they move in our taxes our going to increase. New homes are going to want a suburb not rural because people from the city don’t like driving on gravel roads. I have young kids and hear this from parents that drop their kids off.

Allan Guthmiller: Tax money does not stay in the Apple Creek Township that could go to County or wherever am I correct.

Dusty Hasper- No, if we turn the township over than yes but now our tax revenue stays here because we are organized.

Allan Guthmiller: I moved out here it would be no less than 5 acres and they have not been filling in fast since I moved in in 1996. People are already having problems with neighbors and guinea’s I don’t want that around me. I am favor I n5 acres

Monte Scible- I want 5 acres. Young ones in school system can our school handle 50-or 60 new houses. Can our infrastructure handle this. We have to think about stuff like before you add more houses. You have to think about the school. Its not just about us its also about the kids.

Jack Mcclean- live off 66th st, everyone is concerned about quality off life me included. If you go to 2 acres because if we don’t you will have to raise our taxes. Don’t kid they will raise taxes regardless. It happens every year. I am in favor of 5 acre lots

Trent Guthmiller- I have mixed feelings. I am in favor of 5 acre lots. But its gotta start somewhere and we need roads first emergency vehicles have troubles getting out here because of the size of roads. More people more congestion harder to get them through. I have small farm I don’t want to see 4 wheelers all the time I moved out here to work with my horses. Property value 2.5 acre lots against 40acre I believe my 40 just went down in my eyes because I feel the guy to buy my land does not want neighbors. I have land that comes right up to mine that could be developed and if it does mine would be developed also.

Al Stonica: I have lived here for 40 years. 93rd is like a main highway from people using this to get to the boat ramp. County is doing a good job. I am in favor of 5 acre lots.

Rick Solberg: Burleigh county complaining from people moving away from Bismarck, 20-30years ago the expense of taking care of these people did not meet the rise in income in taxes. You are barking up wrong tree by thinking smaller lot size will fix this.

Terry Weil: Governor referred to some of these points here. He was saying there were going to be a couple of things in legislation in regards to property taxes. His other statement we need to build smarter we can’t keep building on the outskirts of town because they do not pay for themselves. Trip generation traffic engineers use trip generation as well as modeling software to determine what a particular facility will generate as far as traffic. There are 100’s of studies to use for things like a supermarket or a school to see how many trips a person may make past that area a day. If we do get lets just use some numbers 20 houses in new development that does not mean 20 cars an average household has 2.5 cars. Trip generation says not just 20 vehicles on the road you will have 20*2.5=50 on the road but they don’t stop there that is just one trip. Trip generation doesn’t stop there indicates 4-9 trips per household so that is taken times the number of vehicles that is the number of times you will see a vehicle pass your home living off a highway.

Denny Heidt: School issue I just want to piggy back and I have talked to Mark about this and he says the school and the Township are not the same, they cannot make decisions about the other. However, it would be irresponsible for 2 acre lots without a plan in place for school. Lincoln has kids that will not be going to Lincoln school they will be bussed to Bismarck Schools. School and Township need to work together to either dissolve the school which Is messy thing. Or how are they going to handle it because Apple creek, Bismarck does not have room. I want 5 acres.

Bruce Levitt: 5 acre lots in favor. Moved from Texas they had to go to small lots to cover expenses.

Chuck Doppler: 5 acre lots in favor

Nicole Doppler: 5 acre lots in favor, moved from Bismarck to rural

Shelly Boxford: We own 40 acres and had a developer that developed by subdivisions they have approximate 2 acres and those people feel entitled to our land. City and rural don’t mix together we need to remember this. Common sense we don’t want this. How did this come about?

Mark: we have had sprawl. In fact a lot of meetings are issues related to people coming out being irresponsible. I don’t want that either.

Rick H: Investors came out and bought up large lots of lands knowing we were at 5 but that some day they would make us change our minds. But that day is not here yet.

Marv Abraham: Dale Phalke owns acres by me. We know what his plan is and if we go to 2 acres he will be digging next week.

Mary Levitt: moved out for rural setting, don’t want it to change. In favor of 5 acres.

Monte Scible: in favor of 5 acres. Concerned about traffic and an increase.

Allan Guthmiller: Noted that 93 is a designated bike route and it is already a concern with an increase of traffic.

Lloyd Bentz: in favor of 5. Likes all the wildlife.

Deb Stanek: in favor of 5 acres Like view and privacy.

Bert: In favor of 5 acres.

Mark: Goes through the board and asks for comments.

Dusty: Talked with Lincoln. They are expanding and if they keep expanding the ETA will move into the township. If over 5000 people they can move ETA out 2miles. 2 acre lots was an idea to stop try to slow down the ETA growth by allowing smaller lot sizes.

Roy: over 1/3 of Township is in ETA currently. If Lincoln expands that would mean about 2/3rd’s of our Township would be in ETA’s. We have township annexing in to the cities because they allow smaller lot sizes.

Mark: ETA’s = Extra Territorial zoning – as a city expands it can develop within that area and have zoning control. Referencing Century Code.

Floor discussions on how people do not agree with ETA’s and how they work.

Jerry- in favor of 5 acres and agrees with the people

Eric: Concerned about being taken over by the ETA and the what will happen to the board. Concerned about what it will do to the community. Will not vote against the people of the Township.

Mark: We want improvements but we need more people to get hose things done like roads. We are already changing out here. Traffic is already increasing. There are grants but only if you have so many people. Members of the Township already go to the county with questions instead of coming to us. We have a Road supervisor and Tax assessor that we can go to for answers.

3. Board Votes on reducing lot sizes:

Dusty makes a motion to table to next meeting – 2nd Mark – Eric – N, Dusty-Y, Jerry-T, Roy-N, Mark- Y

-Motion passes

Apple Creek Township

Regular Meeting Agenda

Monday, March 7, 2022 7 p.m.

  1. Call to Order-7:19pm
    1. Roy Kuil, Jerry Kunz, Terry Mauch, Mark Springer, Eric Richard, Dusty Hasper, Mark Splonkowski, Jamie Vetsch
  2. Minutes – review
    1. Dusty motion to approve- 2nd Eric- Vote – yes unanimous
  3. Discussion – NDCC § 58-03-07 (14)
    1. Read a statement about whether the township should be turned over to the county as the people of the township already go to them and bypass the township board. The board tries to make changes and gets resistance from the people. With low turn out at the meetings people are still quick to blame board of supervisors for action or not acting out on something. The purpose and future of Apple Creek Township should be considered at the upcoming annual meeting.

4. Area Reports

A. School Board Report- No report

B. Treasurer’s Report-

Bill for legal notices in The bismark Tribune: 16.80 & 42.00

Dusty motion to pay- 2nd Eric – Vote yes unanimous

Maintenance bill is due- $50,452.85

Eric motion to pay, 2nd Dusty- Vote- Unanimous yes

C: $154,323.20

S: $134,378.86

66th: $200,076.73

C. Assessor’s Report- Going well just finishing up building permits

- Abatements: Sattler Mark Splokowski had not had a chance ot look at this one yet will bring up next meeting

- Rush addition abatement has been reviewed by Splonkowski and discussed- Motion to approve abatement- Eric Richard, 2nd Mark- Vote-Yes unanimous.

D. Building Inspector’s Report – need for supervisor, No report at this time

E. Road Supervisor’s Report- County has counted Apple Creek road with counters. From 66th out to 93rd has been on the list several years but has been selected for the improvements.

F. Weed Board Report- Nothing to report

6. Zoning Board

- Update on Terry Hoerer property- Tax lien was put on we understand. What are the next steps -Who will clean it up?

A: Jerry will make a list of all things that need to be cleaned up so we can decide how to proceed with cleanup. What will bring it up to compliance.

- Eugene Halverson, 9100 Bar D Road, portable storage variance-

- Requesting to build a 30’ x 60’ cold storage building. What would his next steps. He was going by county zoning and he still can build by their zoning.

- Discussion – It would be well above the townships zoning regulations. We have to use those we don’t use county zoning. A paid application for variance would need to be done with the required signatures and than presented to the board to vote on.

Roy- Motion to approve since it will not be a permanent structure

Discussion- to assessor to define how he determines if permanent and should be assessed which make them permanent. It was established it would be permanent.

Roy withdraws his motion until it can be determined if it will be permanent or temporary.

7. Adjourn – Annual Meeting – 8:22pm

Annual Meeting: March 15, 2022 at 7 p.m.

Next meeting, April 4, 2022 at 7 p.m.

Tax Equalization Meeting, April 12, 2022 at 7:30p.m

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