Special Meeting 12/02/2024
12/02/2024, 6:00 PM
Special Meeting to discuss proposed Truck Route Ordinance
Chaiman Dewing called the meeting to order at 6:00 PM.
Chairman Dewing - We won't be voting or anything like that that during this meeting.
This meeting is for the board to gather input as to what the public's wishes are, then
after this meeting is concluded it will be up to the board of Supervisors to decide
whether we are going to make this our ordinance as written or we want to amend it
based on input from the public or maybe we don't want to put that ordinance in at all.
We can decide that in a future meeting. We will be having a meeting with the board as
soon as this one is concluded, so we can open that up again at that time.
The ordiance that has been recommended right now is out on the website, so everybody
could have a chance to look at it if they want to. There is some paper copies that the
clerk has handed out and more copies on the table.
Chairman Dewing introduced the attorney John Ward. John do you have any opening
remarks you would like to make? Hearing none, Gaylen offered the same to the other
Supervisors.
Chairman Dewing opened the floor to the public.
Roy Kuil - supports the ordinance especially as the ACT Road Supervisor
indicated support for all development roads.
Trent Guthmiller - owns an excavating business and is opposed to the ordiance
based how it is currently written. It is too restrictive.
Monte Sicble - Agrees that the ordiance seems to restrictive, proposed a per
axle weight limit instead of the gross 18,000 lbs limit.
Dusty Hasper - Can you explain the permit process? Who issues the permits?
Who gets the money for the permit fees? What is the time frame for the permit
issuance? How is it policed? When would the trucks be weighed?
Chairman Dewing - If the ordinance is passed the details will be settled at that time
The board would need to decide those details. That is the purpose of this meeting
to raise those questions that need to get sorted out.
Dusty Hasper - What is the cost impact of the signage, policing etc. He talked to
Burleigh County Commissioner Bakken and he suggested to keep in close communication
with the higher ups that help pay for the roads.
Donavan Gracie - Does concrete work and snow removal. Opposed to the ordinance as
it is written.
Nathan Jensen - Opposed as it is written, he would be required to get a permit to only
drive on one mile of gravel to get onto the county roads.
Casey Sabot - would have to get a permit for 10 ft of gravel to haul a skidsteer.
Dave Marquart - is opposed as it is written and expressed a dislike for current gravel
that is being used to gravel the roads.
Allen Guthmiller - Asked what kind of revenue is projected from the permit fees and/or
was questioning if that was the intent of the ordinance - to raise money for the
township?
Trent Guthmiller - questioned how a load of Hay is any different than dump trucks and
indicated that the load of hay does more damage to the roads.
Chairman Dewing - Agriculture is exempt by state law (Implements of Husbandry).
Jerry Kunz - provided an explanation as to why this ordinance came about and that
it was not to raise revenue for the township but to try to protect ACT's roads and
tax dollars to not have to repair roads for commercial use by a developer that is putting
a new development onto the recently annexed land by Lincoln.
Kelly Burgland - Mayor of Lincoln - indicated that the land development group said
they are going to re-route the truck traffic on county roads such as 66th St and
Lincoln Road by building a temporary road within the development.
Supervisor Sicble - again indicated he is opposed to the ordinance and doesn't want to
accidintially punish the larger public in an effort to tax the new developments commercial
truck traffic or one group that may cause unneccessary damage to our roads.
Chairman Dewing - This is not about stopping the Lincoln land annexation. It is about
protecting our roads and the dollars spent on road maintenance and repair. Burleigh
County indicated they wanted the annexation to include the whole road of 22nd Ave
and 80th St. so there is no question as to who is responsible for road repair and
maintenance. However, according to the Resolution of Annexation indicates they
are annexing only to the center line of 22nd Ave and 80th St.
Christian Wagner - Does concrete work all over the state and beyond - suggested the
the restriction should be based on per inch width instead of the 18,000 lbs weight limit.
Rarely does he encounter a restriction like this and he gets copies of the restrictions in
every county in ND and many in SD.
Wanda Dewing - Drives by Dave Marquart's place and it is consistently washboarded
and regularly encounters Menards trucks. Suggesting the Menards trucks are causing
at least some of the washboarding.
Dan Reis - asked Mayor Burgland if the development group that owns the annexed land,
is for sure building a temporary road along within the annexed land so that ACT will
not be responsible for road maintenance?
Kelly Burgland - indicated that she was told they were going to build their own road.
However, this was a verbal committment only.
Lori Reis - There is nothing in writing regarding the temporary road and the development
group can do whatever they want to do if it is not in writing or something like the
proposed ordinance is not in place.
Trent Guthmiller - I agree with Lori, if the developers are going to build a temporary road
it should be in writing and it should be built out on a plat for every one to see.
Terry Woehl - has a question for the contractor - So the state will build a road and it is
built with a certain base and grade to withstand certain models or certain weight per
an axle. So if a truck comes off a road legally or illegally how does that transpose to a
gravel road? What happens?
Trent Guthmiller - Most gravel roads are typically 80,000 lbs.
Terry Woehl - Ok our roads are meant to withstand 80,000 lbs?
Trent Guthmiller - They have done it for years.
Dusty Hasper - A lot of the roads are not built up to spec. that is the township
and some county roads. Like in Sunrise, that is why you don't have ditches, like
in Pleasant View next to me, there is no ditches, the land just goes right into the road.
They weren't built to specs. so if the roads are getting damaged, it has more to do with
runoff of water and water setting on the road and then people are driving on them and
destroying them. Many of them weren't built to spec back in the '70's or '80's. The water
is not shedding off correctly and they are holding water in places so the ditch actually
daylights into the road and you are going to destroy that road whether it is a pickup or a
semi.
Trent Guthmiller - In other cases it doesn't have good material on it, if you go back further
on Sunrise a lot of that material is just sand and there is no clay there.
Chairman Dewing - asked if anyone else has anything?
Allen Guthmiller - What is it going to cost to put somebody in charge of this? Is it going to
be an an extra person or two to put that in place? Someone has to be answering the
phone calls and everything else. What is the cost going to be to the township? Nobody
does anything for free? I know there is going to be quite a cost. Not only that your going
to need a lawyer on hand for quite a bit of stuff. I think that money could have a better
use on the roads.
Chairman Dewing - Anybody else?
Christian Wagner - Just a last comment, talking about the cost, so in McKenzie County
we have done quite a bit of work with them and their permit system is running
through Load Pass. Typically our costs range from $160 to $380 and Load Pass gets
about half of it. You also have to pay before you get what you are asking for. So I have
to front the money in hopes that they say yes. If they deny the permit I have to call in
and request a refund.
Dusty Hasper - so if you don't do the online version of it like Load Pass, you would have to
do like a carbon copy book and your going to have to meet these truckers somewhere or
or they're goinna have to meet you to get them to fill out a carbon copy and send them
the film or email them back and forth a whole bunch of papers. So they have the
proper permit in their truck if they get pulled over. There is a lot behind doing permits
on trucks and stuff. You are going to have to pay people to handle that or manage that
and keep it on file so you can pull it up and look back.
Trent Guthmiller - need to be understand the different axle weights, you have stingers,
you have pusher axles, you have steerable axles, you have bridge axles. You have a lot
of things, so are you guys going to get certified? Because I'm not going to let you put
me on a scale if you aren't certified. We could have easily avoided a lot of upset
residents or contractors within our township by having a conversation with the
developers.
Lori Reis - With all due respect Trent there is so much talk, that you say this, well they
say they are going to build a temporary road in their subdivision. The reality of it is
what has happened in the past is they're not going to do it. I'm here to tell you I have
gone to a lot of their meetings and what they tell you and what they do are two totally
different things.
Trent Guthmiller - I guess in that case, then we kind of need to talk about the roads that
are around that development with some truck issues, but I sure as hell don't think that
everybody in this township should be punished over it.
Chairman Dewing - Anybody else have anything as it relates to this proposed ordinance?
Nobody, I think we're going to call the public hearing to an end at 7:30 PM.