Regular Meeting


10/03/2011, 7 PM

Members Present: Chairman, Kerry Olson; Supervisor, Paul Zent; Zoning Board, Jerry Kunz & Rick Solberg; Assessor/Building Inspector, Ed Daniels; Weed Board, Terry Mauch; Road Supervisor, Lorin Wolf; Treasurer, JP Moszer and Clerk, Cyndy Meidinger.

Members Absent: Supervisor Ken Selzler.

School Board Report: No report. There was a discussion on the school parking lot. Did it need more crushed asphalt? It is too late to buy from the city of Bismarck at a lower cost. Dan Reis volunteered the use of his dump truck if needed he also said he could try and get a deal from Northern Improvement on some crushed asphalt. Supervisor Wolf will contact Supervisor Selzler and see what his plans for the parking lot are.

Road Supervisor’s Report: Supervisor Wolf reported he made several calls to gravel contractors and everyone is busy now. He did get a response from Mike Fleck from Mandan. Mr. Fleck could give the township 2 weeks starting October 17th to gravel the worst spots that the board had identified during their road inspection this spring. The charge is $110 per hour per truck and they would haul for 8 to 10 hours per day.  Mr. Fleck also said if he received payment promptly & didn’t have to wait for 3 months for payment he would be willing to work with the township next spring if the county was still unable to gravel township roads. He would need notice so he could get the trucks and drivers. Mike Fleck the charge is  $110 per hr per truck. Supervisor Zent said he had contacted Guthmiller & Son and their schedule is also full so they would not be able to haul gravel for the township. After discussion Supervisor Zent made the motion to have Mike Fleck haul gravel starting October 17th for the time and amount specified above. Chairman Olson 2nd the motion. The motion was unanimously approved with Supervisor Zent and Chairman Olson voting in favor of the motion, motion carried.

Concrete Dumping:  Marvin Abraham had several complaints about drivers cleaning out their concrete trucks on township roadways and ditches. With all the building going on he feels there should be a significant fine levied to the concrete companies, building permit owner and truck drivers to make people aware this type of activity cannot be tolerated in Apple Creek Township.  A discussion resulted in the following.

• 1 The Zoning Ordinances will need to have an amendment regarding the fine dumping concrete on township roads and ditches. Supervisor Zent will contact Chris Nyhuss to get input from him on verbiage.
• 2 Fines and penalties will be discussed and a time frame for the offender to resolve the problem
• 3 Supervisor Zent will contact Leo Fettig @ Metro Concrete and reiterate that  ACT Board does not want any dumping of concrete on township roads or ditches and will make it clear that Mr. Fettig needs to have the dumped concrete removed.

• 4 The board will research the issue further and report back at the November meeting.

Zoning Board:  Chairman Olson opened the Zoning Board to allow input from the Zoning Board Members. Supervisor Zent said he received notice from Bismarck Community Development Department of an application for Re-Subdivision of a Platted Lot in Apple Creek Township (Lot Split) Lot 1 Block 1 Martel’s First Subdivision. Burleigh County has subdivision jurisdiction since this tract is 33 acres it is less than the 40 acres Apple Creek Township would allow sub-divided. The 2 tracts would be 5 acres and 28.86 acres respectively. There will be a public hearing on October 12 @ the Burleigh County Planning Commission meeting. After discussion Supervisor Zent made the motion to approve the request to split Lot 1 Block 1 of Martel’s First Subdivision into 2 lots, one 5 acre and one 28.86 acres, Zoning Member Solberg 2nd the motion.  The motion was unanimously approved with Supervisor Zent, Zoning Members Solberg, Kunz and Chairman Olson voting in favor of the motion, motion carried.

Wheatland Hills 2nd Addition: Zoning Member Kunz said he received information regarding a Preliminary Plat Wheatland Hills 2nd Addition. The subdivision will consist of single and multi-family dwellings. There will be approximately 100 homes and several apartment buildings. It will be located east of 66th St in area of the Lincoln Storage Units and other commercial businesses. There will be 2 meetings regarding this Subdivision the Lincoln Planning & Zoning will be held on October 4th to hear the Final Plat and Zoning change request for Wheatland Hills 2nd. The next meeting will be October 6th. Each meeting will be @7:15 PM@ the City of Lincoln City Hall 74 Santee Road Addition. A discussion resulted in the following:
1. ACT Board feels for the amount of homes and apartments it will tax Lincoln’s water and sewer facilities
2. ACT will be forced to provide extra roads and road maintenance. Also this will tax the existing roads
3. Where the subdivision will be located is the understanding of township residents that area is an industrial park not for residential development
4. Chairman Olson and Zoning Member Kunz will attend the meetings and report back at the November meeting.
After discussion Supervisor Zent made the motion to deny the subdivision based on the above information. The motion received a 2nd from Zoning Member Kunz. The motion was unanimously approved with Supervisor Zent, Zoning Members Kunz, Solberg and Chairman Olson voting in favor of the motion, motion carried.

Lori Reis had a complaint regarding neighbors living to the south of them having stakes and barrier tape around their driveway. This was forcing her kids ride on 93rd to avoid the tape and stakes. Supervisor Zent said 93rd was a county road and she would need to contact the county with her concerns.

With no other Zoning issues to discuss Chairman Olson closed the zoning board.

Assessor/Building Inspector’s Report: Mr. Daniels did not have anything to report for assessing and building inspections. Supervisor Zent informed everyone Mr. Daniels will be resigning the end of December. There will be an ad in the paper and Bisman Online. The board is looking at hiring 2 people to fill the positions one assessor and one building inspector. Again the board would like to have someone outside of the township to do the assessing. The building inspector can be a township resident or someone out of the township. Supervisor Selzler has been helping Mr. Daniels with the permits and inspection and he will continue helping out until a building inspector can be hired.

Treasurer’s Report: Treasurer Moszer reported the starting balance was $192,779.38 a deposit from Burleigh County $217.45 1 check written for $235.30 with an ending balance of $192,761.53. Treasurer Moszer suggested the board should consider getting a laptop for the treasurer. He didn’t feel comfortable having township business on his personal computer. He said he could check with the league of townships to get a laptop from them and it would be set up correctly and would be inexpensive. Treasurer Moszer will report his findings in November.  After review Supervisor Zent made a motion to pay the one bill presented, the motion was 2nd by Chairman Olson. It was unanimously approved with Supervisor Zent and Chairman Olson voting in favor of the motion.
Check # 10277                              $235.30 Ed Daniels 
Previous total                          $ 22,107.29
Total payout ytd                     $ 22, 342 .59

Special Use/Variance Request:  Dan Murray was at the meeting to request a Special Use/Variance Permit. He bought 160 acres from Geraldine Dutton  on Apple Creek Road and 93rd St. He is planning on building a house, building a dog kennel and using the property to train dogs. A discussion followed with the following results:
1. There will be a public hearing @ the next meeting of Apple Creek Township which will be on November 7th
2. Mr. Murray will need to get the property surveyed and the township board will need a plat map of the property.

Water Complaint:  Tanya Schmidt who lives # 4750 Pinewood Loop was at the meeting with a complaint about a neighbor (Vince Gable) who was pumping water from his property across the right of way enabling the water to pool up on her property. She said this has been going on for years. Supervisor Wolf and Rodney Ness from the county have looked at the problem and said there is not much that can be done, but the offending neighbor cannot run the pipes in the right of way. After discussion the Supervisor Zent made a motion to write a letter to Mr. Gable stating he must remove the pipe from the right of way and he can run the pipe to the fence but no farther. The motion was 2nd by Chairman Olson. The motion was unanimously approved with Supervisor Zent and Chairman Olson voting in favor of the motion.

With no other business to discuss Chairman Olson adjourned the meeting.

Respectfully Submitted

Cyndy Meidinger,
Clerk ACT

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