Regular Meeting/Public Hearing


11/07/2011, 7 PM

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

Members Absent:  Zoning Board Jerry Kunz.

Chairman Olson opened the meeting and introduced the members of the board. He called for the minutes to be read. With no corrections or additions Supervisor Zent made a motion to accept the minutes as read, 2nd by Supervisor Selzler. The motion was unanimously approved with Supervisors Zent, Selzler and Chairman Olson voting in favor of the motion.

Zoning Board: Chairman Olson opened the Zoning Board for the Public Hearing requested by Dan Murray.  Mr. Murray bought 160 acres along Lincoln Road and 119th St from Geraldine Dutton he plans to use the property for his residence and a dog kennel/training facility. His plans are to get the kennel done first. He presently trains 16 to 20 dogs in the summer. There will be a steel building to house the dogs and he has guidelines to follow regarding size ratio to dogs he will house. His plan is to provide boarding for 38 to 40 dogs. He had a question about the approach since Lincoln Road is a county road he will need to contact the county to find out what he can do as far as approaches are concerned. A discussion followed with the following results. Mr. Murray will have to get the property surveyed and the township will need a copy of the plat and a map of the placement of the buildings on the property before any permits will be issued. Chairman Olson left the Zoning Board open if anyone had any questions later in the meeting they would be addressed at that time.

 Concrete Dumping:  Concrete that was left on the township road way has not been removed and the board will need to look at putting a penalty in the Zoning Ordinances  and it will have to be voted on @ the Annual Meeting and Election in March. Supervisor Zent said he had stopped @ Metro Concrete and talked to the supervisor about dumping the concrete on township roads. Metro is aware of the problem it will take time to resolve the issue.

 Wheatland Hills 2nd Addition: Chairman Olson said he attended the Public Hearing and it was his opinion that the Lincoln City Commission had already made up their minds to approve the subdivision no matter what an one else had to say. Terry Mauch said he concurred with Chairman Olson. Mr. Mauch said the City of Lincoln didn’t have any record of the area being Zoned Commercial. There will be over 100 hundred single family homes and several multifamily units in the development.

Vacate Right of Way: Terry Mauch asked the township if he could get approval from them to vacate 20 ft of right of way from his commercial property on 22nd Ave in Lincoln. The board told him he would need to get approval from the city of Lincoln since his land is in the city of Lincoln’s zoning. The ACT board had no problem with vacating his right of way by 20 feet.

Property Complaints: Shawn Whitney asked if anything else was done about his neighbor’s property that was not being taking care of. Mr. Whitney was told the best avenue to pursue would be to make a complaint to the board of health and since there are abandoned vehicles and animals that could cause health problems.  Supervisor Selzler said he had been in contact with John Fettig@ 5400 Meadowlark Lane who had a complaint about a neighbor who was not taking care of his property. Supervisor Selzler had talked to the city of Bismarck without any positive results. It was suggested to contact the county but since the county had some property that needs some TLC it was felt that might not carry much weight. Supervisor Selzler suggested to Mr. Fettig to contact the health department stating health hazards on the property were a cause for his concern and he might see more results pursuing that avenue.

School Board Report: School Board member Shawn Whitney said the drainage problem has been resolved in the school yard. The pipe was installed over the weekend and now the problem with water ponding on the school grounds should be solved and diverted to the ditch on the north side of the school grounds.

Road Supervisor’s Report: Supervisor Wolf said Mike Fleck will be hauling gravel for a couple of weeks. Mees Subdivision is done. There is possible culvert damage on 119th off Apple Creek Road. That issue will have to be addressed in the spring when 119th is dry and the water level is down. In City View Susan Drive is done and Kitty & Irish Lanes need to be done. Leisure World still has some bad spots, Poplar and Maple. The county is thinking about using magnesium chloride on the 2 streets, magnesium chloride was used on 80th street and the results were pretty good. The county will try and get something done yet this fall. All gravel plans are dependent on how long the county can get gravel this fall. Gravel is going to be an issue in the future some big players like Knife River are buying up all the mineral rights to the gravel that is close making gravel more costly to get due to the distance. 

Approach Permits: Supervisor Wolf issued 2 approach permits. There was a request to change the sign on 119th St SE and 22nd Ave SE from a yield sign to a stop sign. There have been several bad accidents at that intersection and changing to a stop sign on the east and west side of the intersection. A discussion followed with Supervisor Zent making a motion to change the yield sign on 119th St SE & 22nd Ave SE to a stop sign, 2nd by Supervisor Selzler. The motion was unanimously approved with Supervisors Zent, Selzler and Chairman Olson voting in favor of the motion. Mr. Wolf will contact Rodney Ness @ the county and inform him of the change and clerk Meidinger will send a formal request to get the sign changed.

 Mr. Wolf asked if there has been a replacement found for his position.  The board told him so far not. There was an offer from Treasurer Moszer to take over the position until a replacement can be found.

The board received copies of the 2012 County/Township Maintenance Agreement for review a vote will be taken at the December meeting.

Assessor/Building Inspector’s Report: Assessor Daniels had no assessing repot for the board. On the building inspector’s side he had 9 inspections/permits for the month of October.

Treasurer Moszer said The Association of Counties did not have any computers for sale. His suggestion was to get one through the State. During discussion Chairman Olson said his wife had a laptop for sale. He said she wanted $200.00 for the computer. Supervisor Zent made a motion to approve the purchase of the Olson’s computerand any software need for the treasurer the motion received a 2nd from Supervisor Selzler. The motion was approved by Supervisors Zent and Selzler voting in favor of the motion. Chairman Olson abstained from voting on the motion.

ck 1378      $ 50.00 Dan Murray Special Use/Variance
ck 1309       $ 25.00 Casey Jahner Approach Permit
ck 2349       $ 25.00 Terry Morton Approach Permit
ck 4484       $ 75.00 T& R Contracting Septic Permit
ck 5562       $ 75.00 Buffalo Concrete Septic Permit
ck 3301        $ 40.00 Preferred Heating & Air Heating Inspection
ck 6033        $ 40.00 Titan Heating & Air Gas Line Inspection
ck 1471        $ 92.75 Cherie Sanstad Building Permit
ck 1085      $ 197.71 R Joseph Hieb Building Permit
                  $  23.04 Dakota Community Bank Interest
                   $745.22 Burleigh County Tax Revenue
total           $1,388.72   

Weed Board: Mr. Mauch didn’t have anything new to report.

Chairman Olson asked if there was any more discussion on theVariance/ Special Use Permit for Dan Murray. The only other discussion was one member of the audience said he lived by the property and had no objections to the request. Supervisor Zent made a motion to approve the Variance/Special Use Permit, provided the board receives  survey and plat from registered surveyor the motion was 2nd from Supervisor Selzler. The motion was unanimously approved with Supervisor Zent, Zoning Board member Solberg, Supervisor Selzler and Chairman Olson voting in favor of the motion.  Mr. Murray was reminded no permits will be issued until the required paperwork is turned into one of the supervisors.

Chairman Olson closed the Zoning Board.

Treasurer’s Report: Treasurer Moszer said the opening balance was $193,557.44, 5 deposits for a total of $620.46 and interest of 23.04 for a total income of $ 1,388.72 and 4 expense checks of $823.39 for an ending balance of $193,354.50.

10278             $233.36 Bismarck Tribune/Finder Tribune Ads
10279               $  44.00 Cyndy Meidinger Stamps
10280               $  37.50 Krafty Web Works Tech Support
10281               $ 508.53 Ed Daniels Oct Inspections & Permits
Total                 $ 823.39
Previous Total $22,342.59
YTD Total        $23,165.98

Chairman Olson asked if there was any other business to discuss being non he adjourned the meeting.

Respectfully Submitted,

Cyndy Meidinger
Clerk, ACT



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