Regular Meeting


01/09/2012, 7 PM


Members Present: Chairman, Kerry Olson; Supervisors Paul  Zent & Ken Selzler;  Zoning Board, Jerry Kunz and Rick Solberg; Assessor, Roger Thompson; Building Inspector, Greg Hillig; Road Supervisor/Treasurer, JP Moszer; Weed Board, Terry Mauch and Clerk, Cyndy Meidinger.

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

School Board Report: Shawn Whitney reported the school board had fixed the low spot where water collected on the playground area of the school yard. In doing so they added to the parking area. The school board had a request for the township to help with the expense which was $3,995.00. The township board knew the school board was correcting the playground/parking area but was not aware of the expense until this meeting. A discussion followed resulting in an agreement the ACT Board would pay for ½ of the expense but the board said in the future they would like to be informed of the financial end before the improvement happened not after. Supervisor Zent made a motion to pay ½ of school yard improvement which is $1,997.50, 2nd by Supervisor Selzler. The motion was unanimously approved with Supervisors Zent, Selzler and Chairman Olson voting in favor of the motion, Motion Carried.

NDTOA Meeting Report: Supervisor Selzler attended the meeting in Minot, December 5th & 6th. Supervisors Selzler said the meeting was well attended with approximately 100 to 150 members attending. The bulk of the meeting addressed the exponential growth in the oil patch and pros and cons of the growth. Chairman Selzler said he informed the association of ACT’s web site.  What he brought back was the township needs to get the minutes on the web site ASAP with a disclaimer that the minutes are not approved and will be corrected & approved at the next regular meeting. He also said Mary Kelsch of the States Attorney’s office will work with the township to amend the Zoning Ordinances to make enforcement of any infractions or the ordinances easier. Supervisor Selzler said he had attended other NDTOA meetings in the past but he felt this was the most informative meeting he has attended.

Road Supervisor’s Report:  Road Supervisor Moszer said he had several calls on the gravel and told the callers the graveling was done for the season.  Other than that he had no other report. Clerk Meidinger reported the yield sign was down on 93rd St SE and 62nd Ave SE she also requested a stop sign instead of the yield sign. She would like to see all yield signs changed to stop signs in the township this will help in determining fault if an accident does happen. Also there was a request for a warning sign be put on 119th before it meets Apple Creek Road. The intersection comes up rather quickly and there have been several bad accidents there. Supervisor Moszer will take a look at 119th and a take the township concerns to the county as well as informing the county about the sign on 93rd St. & 62nd Ave.

Zoning Board Report: Chairman Olson opened the Zoning Board allowing zoning members to participate. Zoning Board member Kunz had several items to discuss.  He had received notices of new subdivisions going on in Lincoln, South 40 Subdivision (3 36 unit apartment buildings) east of the Cenex Station, JMT Subdivision off Lincoln Road east of Apple Meadows Mobile Home Park. The only item ACT Board had a concern on was the JMT Subdivision road in that subdivision would meet up with Majestic Street when the subdivision was complete. Chairman Olson had expressed this concern to the City of Lincoln and the plat map showed that this concern was addressed and when the subdivision was complete Majestic Street would have access to Lincoln Road.

Supervisor Zent reported he had received notice the City of Lincoln wanted to extend their Zoning Authority from ½ mile to a full mile. This addition to their zoning would take the zoning authority of several subdivisions from ACT and give the zoning to the City of Lincoln. In doing so the residents of the affected subdivisions would not have a say in the zoning authority since they would not be able to vote in City of Lincoln elections. A discussion followed, with Supervisor Selzler making the following motion, ACT Board does not approve of the City of Lincoln extending their zoning authority from ½ mile to 1 mile. ACT Board worked too hard to get the Zoning Authority back from the City of Bismarck to give it up to the City of Lincoln; the motion was 2nd by Zoning Board member Rick Solberg. The motion was unanimously approved with Supervisor Selzler, Zoning Board Members Solberg, Kunz, Supervisor Zent and Chairman Olson voting in favor of the motion, Motion Carried.  There will be 2 meetings @ the City of Lincoln one will be Tuesday January 10th and one will be Thursday January 12th which will be attended by members of the ACT Board to express the concerns of the township. Supervisor Zent would like to have a board member attend any Lincoln Zoning Meetings that would involve joint zoning. Zoning member Kunz said he would be willing to attend any meetings that would involve joint zoning. Supervisor Selzler will contact Carl Hokkenstad @ the City of Bismarck to see how the expansion of Lincoln’s Zoning Authority will affect the 5 year agreement the ACT Board has with the City of Bismarck concerning joint zoning.

Zoning Board Member Solberg said he had been approached by Bill Mitchell about subdividing his property (40 acres) south and east of the City of Lincoln. Board Member Solberg told Mr. Mitchell to attend this meeting so he could inform the board of his intentions. Board Member Solberg said maybe Mr. Mitchell will wait and see if he falls into the new City of Lincoln Zoning Authority since he was not at the meeting.

Special Use Permit/Variance: Terry Morton was at the meeting requesting a Variance on a building on his property in Country Meadows Subdivision. There is a shop on the properly now that has 1,260 sq. ft. he wants to put an addition on the shop that would add 936 sq. ft. on the existing shop. A discussion followed with Supervisor Selzler making a motion to approve the Variance/Special Use Permit for a 936 sq. ft. addition to the existing ship giving the total sq. ft for the shop to 2,196 sq. ft., 2nd by Supervisor Zent, the motion was unanimously approved with Supervisors Selzler, Zent, Zoning Board Members Solberg, Kunz and Chairman Olson voting in favor of the motion, Motion Carried.

Special Use Permit/Variance: There was a misunderstanding on a building permit issued to Terry Morton. Mr. Morton was supposed to come before the board to get a variance to build a home @ Country Meadows Subdivision. The reason being, the lots in Country Meadows are 1 ½ acres or less and ACT accepts 5 acre lot sizes. Former Building Inspector Daniels issued the permit before a hearing. Chairman Olson told Inspector Hilling if he gets any building permit requests from Country Meadows there the land owners will need to come to a board meeting and meet with the supervisors and request a variance for the home. Supervisor Zent made a motion to approve the variance for the new home on Lot 4 Block 2 of Country Meadows Subdivision, 2nd by Zoning Board Member Solberg. The motion was unanimously approved with Supervisor Zent, Zoning Board Members Solberg, Kuntz, Supervisor Selzler and Chairman Olson voting in favor of the motion, Motion Carried.

Concrete Dumping: There was discussion on the problem of concrete being dumped on right of way and county and township roads. Chairman Olson will contact Chris Nyhus on verbiage and ask him to attend a meeting to help amend the ordinances and penalties for any one disregarding the ordinance.  The board will inform township members via the news bulletin board section on the township web page when the meeting will be held.

Assessor’s Report: Assessor Thompson said he was going through the cards and getting things organized. He reported he had contacted the county about the Vanguard accounting software used to update the files. There seems to be some confusion about the ownership of the software and Chairman Olson will contact the county assessor’s office to see if the township needs to buy the software and how it will be transferred to the next assessor and report back at the next meeting.

Building Inspector’s Report: Inspector Hillig was just going through the paper work and getting things organized before the building season gets going full blast.

Treasurer’s Report:  Treasurer Moszer reported a starting balance of $177,518.37 with 4 bills to pay totaling $2,607.57 giving an ending balance of $174,910.80
10296  $     225.00  Apple Creek School Board Utilities/Copies
10297  $     289.07  Ken Selzler NDTOA Meeting Reimbursement
10298  $       96.00  US Postmaster PO Box Rental
10299  $ 1,997.50  Apple Creek School Board Parking Lot Improvement
Total     $ 2,607.57  

Other Business:  Chairman Olson brought to the attention of the board the email from Tanya Schmitt about Mr. Gabel not complying with the letter sent about a pipe draining water into the right of way and causing water problems for the neighbors. Road Supervisor Moszer said he would contact Mr. Gabel again and work with Mr. Gabel to get the problem resolved.

Dan Murray brought a plat map of his property on Lincoln Road east of 93rd St SE. He had several drawings of the property and discussed his options for placement of the buildings.  The board suggested Mr. Murray make sure he used the proper right of way for the property in the long run it would save him lots of headaches later on.

Chairman Olson asked if there was any other business to discuss being none, he adjourned the meeting.

Respectfully Submitted,

Cyndy Meidinger
Clerk ACT

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