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 


      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

      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


      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

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