ACT Board of Supervisors Meeting
08/01/2022, 07:00 PM
Apple Creek Township
Regular Meeting Agenda
In Attendance for regular meeting:
Eric Richard, Mark Springer, Monte Sicble, Jerry Kunz, Gaylen Dewing, Jay Dollinger, Stephen Schnaible, Jamie Vetsch
1. Call to Order
Chairman Eric Richard called meeting to order at 7:00pm.
2. Minutes – Review
Mark Springer made a motion to approve the minutes.
Monte Sicble 2nd the motion
Vote was held, Eric – Yes, Mark – Yes, Monte – Yes
Motion to approve the minutes passed.
3. Appointment of Zoning Board member (Roy's Vacancy)
Mark made a motion to approve Gaylen Dewing as new zoning board
member.
Monte 2nd the motion
Vote was held, Eric – Yes, Mark – Yes, Monte – Yes
Clerk Stephen held a swearing in of Gaylen. Who assented to the
swearing in verbiage.
4. City of Bismarck Comprehensive Plan
Jenny Wollmuth gave a presentation of which the presented material can
be found at https://bismarcknd.gov/together2045
Jenny also indicated that at the Brunskill Subdivision, all of the lots
but one would comply with the 5-Acre requirement. The other lot
would be somewhere around 3 Acres based on current planning.
5. Storage Solutions for ACT files
Files were picked up from Fireside. Currently at Eric’s shop.
They will be moved to Apple Creek School basement by Jamie and
Stephen, preferably before the next meeting.
Stephen will continue to work with Fireside to see if we can use their
software as a better storage solution. Fireside is willing to load our files
into their program to try before we buy.
6. Area Reports
A. School Board Report
Dan reported that the school board has 4 new members.
Trying to hire several teacher’s aides and for the afterschool program
School Board put in a request to do a full Audit of the school
They are also looking to fix the driveway by adding crushed asphalt.
B. Treasurer’s Report
Burleigh County budget deadlines (Letter from Robin Grenz) - Reminder
Sept 12 - Notice posted 14 days prior Jamie determined that no special
meeting is required and can be held during our October ’22 regular meeting.
Checking: $141,851.74
Savings: $134,455.67
66th St: $200,170.27
C. Assessor’s Report
Eric Richard spoke to Mark Splonskowski – he did two assessments since
the last meeting and everything went well.
D. Building Inspector’s Report – handled by county.
Two building permits were issued.
E. Road Supervisor’s Report
NDLCAP Training good resource for new road supervisor.
Had one concern about a second approach constructed. Jay checked
the permitting and it was properly permitted and approved.
Culverts in that area haven’t been jetted for over 15 years and should
be done to help with water flowage. Jay is going to check with the
county if they can do this or if they can cost share it.
F. Weed Supervisor's Report
Nothing to report as Terry was not present.
7. Zoning Board
Update on Terry Hoerer property
Eric talked to the lawyer, it is still going forward working with the county,
nothing new to report.
Update on Jacobson property, non-compliant vehicles
Eric reported that after driving by it appears one vehicle was moved in
front of the house. Still 4 other vehicles that are parked by the trees that
are still not in compliance. Jamie reported that two of the vehicles are
licensed now. Which leaves two unlicensed. Much discussion was had that is
mostly repeat of the previous conversations. Jacobson’s are unable to get
licensing as they have been working with the DOT for going on 5 months to
resolve licensing over a deceased relative.
Justin Jacobson offered to finally move the vehicles behind the tree row if
Don Hawkinson is agreeable to that. Don indicated he would be ok with that.
Board decided to enforce the $2000 fee that is applied at the end of the year
on the Jacobson’s property taxes. The fine can be waived if compliance is reached.
Mark Springer made a motion to impose a $2000 lien until 30 days, we would
lift the lien.
Gaylen 2nd
Motion was voted on, Eric – Yes, Mark – Yes, Monte – Yes, Jerry – Yes,
Gaylen – Yes. Motion is approved.
Harmony Stables/Capital Acres Venue discussion
Much discussion was had as to what role the board has played and will
play in protecting the township from someone that openly plans to violate
township ordinances before they are fully operational.
Eric read the meeting minutes from Feb/Mar 2011 to inform everyone what
the board is looking at to find out what happened back then.
Jerry put forth the following motion.
“Whereas the Apple Creek Zoning Board on February 7th 2011, unanimously
approved a motion authorizing the occupancy of lot 2 of the Selzer
subdivision. For the purpose of horse boarding and training facility and said
property has been used for that purpose since that date under the name
Harmony Stables and Equine Training Center. Without objection we affirm
that the authorized purpose for the property to continue. The Apple Creek
Zoning Board unanimously approved a new zoning ordinance on June 6,
2011. Which incorporated a map, which clearly indicated that said property
is zoned agricultural no change to the authorization of the use of the property
has been requested, nor granted since that date. The June 6th, 2011,
ordinances were filed with Burleigh Country, whereas we believe an attempt
has been made to change the use of said property, without the authorization
of the Apple Creek Township Board and to protect the residents of Apple
Creek Township and the general public from such illegal usage of the
property. We entrust the Apple Creek Clerk to give notice to the public
of the passage of this motion by publishing this motion in the Bismarck
Tribune and posting this motion on the Apple Creek Township website.
Upon passage of this motion the Burleigh County building inspector who is
also retained as the Apple Creek Township building inspector shall be
notified by the Township Clerk that no building permit nor authorization to
occupy said property be issued which changes the use of said property in any
way.”
Monte 2nd the motion
Floor discussion indicated that many suggested that a lawyer needs to review.
Eric – No, Mark – No, Monte – No, Jerry – Yes, Gaylen – Yes
Motion does not carry.
Mark Springer made a motion to “turn this over to our lawyer to contact either
the owners of Capital Acres or their attorney’s and have a discussion with
them pertaining to our ordinances, that Mark will contact the lawyer tomorrow
(Aug. 2, 2022) to resolve this before the closing date”.
Eric Richard 2nd the motion.
Eric – Yes, Mark – Yes, Monte – Yes, Jerry – Yes, Gaylen – Yes
Motion Carries
Gaylen called for a reconsideration of Jerry’s earlier motion.
Jerry 2nd the motion for reconsideration
Eric – No, Mark – No, Monte – No, Jerry – Yes, Gaylen – Yes.
Motion does not carry.
8. Adjourn
Eric adjourned the meeting at 8:49pm