ACT Board of Supervisors Meeting

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08/03/2026, 7:00 PM

In Attendance:  Dan Reis, Brandon Prichard, Brian Masset, Terry Woehl, Jerry Kunz, Randy Strom, Dusty Hasper, John Schmitt, and Sherry Leno

1. Call to Order

Chairman Reis called the meeting to order at 7:00 pm

2.  Public Hearing for Building Variance

Chairman Reis called the public hearing to order.
The variance for a garage at 7025 Snappy Lane that would cover 6% of the property, 2% more than the zoning ordinances allow.  

Dan made a motion to approve the variance.
Brian 2nd the motion
Vote: Dan - Yes, Brian - Yes, Brandon - Yes
Motion approved

3. Minutes Review

A. Corrections and approval of the minutes from the previous meeting.

Supervisor Prichard made a motion to approve the minutes.
Supervisor Masset 2nd the motion
Vote: Dan - Yes, Brian - Yes, Brandon - Yes
Motion approved

4. Public Comment

Grady Wolf commented on the private gun range in the township.  The gun range holds an event that lasted until 3 am.  He did follow up with the Sheriff's Department and Lincoln Police Department.  He was told it wasn't an official law enforcement training.  He contacted the owner, Jamie, around midnight and asked them to stop.  He (Jamie)  indicated that he was surprised it was getting loud.  In addition, he invited Grady to the next event.  He was told by the Sheriff's Department that the County does not have a noise ordinance.  The gun range has to have a permit/license.  He also contacted Burleigh County and was told they should have had a permit.  Grady indicated that 10s of thousands of rounds until 3 am is too much.  It was indicated that the Lincoln PD uses this facility for certification.  An event is held about every two weeks.  Another resident indicated that it's a commercial since they are charging $20.00 to shoot.

5. Zoning Board

Roll Call - Dan, Brian, Brandon, Terry, Jerry

Terry indicated he had filed all the Comprehensive Plan and Moratorium documents with Burleigh County.  They will be uploaded to the ACT web page.

Discussion of Ordinances

7.2.2 - Animal Nuisances

Matt Brennel, Tonya Schmidt, Andrew Nagel and Burt Heaton indicated that they should be thrown out.  Burt indicated that if they were not, he's going to start complaining about people running his animals over.
Randy Strom said they should be thrown out.  His old neighbor would purposely set his dogs off, and then he would call the cops.
A resident asked why this was developed.
Laurie Halvorson indicated that Burleigh County has rules very similar to this. 
Wendy Masset asked why have rules on top of rules.
Laurie Halvorson - so the township has control; that's why you want the rules here and not at the County.
Dusty Hasper asked if the horse ordinance was taken to the County.
Gaylen indicated that the township has to go to the sheriff and take it to the courts to enforce.  If neither the township nor the county has an ordinance, then it goes to the state level.
Jim Seim - why have ordinances; take it to the state.  We are wasting our time w/ordinances if it's going to end up in the courts anyway.
Gaylen - this is one of the township's jobs.
Laurie - keep these things local.
Marie Horning - if you give the County the zoning ordinances, you will never get them back.
Mike indicated he is a Licensed Land Surveyor - if you end up in court, the more restrictive rule will apply.
John - why do things take so long? We have a hard time enforcing what we have.

Article 8 Shipping Containers

Several in attendance indicated that this should be thrown out.
Laurie Halvorson - likes them but doesn't want 20 of them next door.
John Schmitt has 4 - he said he can get rid of them and put the junk in his yard.
Another resident indicated that zoning is to protect you from your neighbor.
Marie Horning - need some sort of shipping container ordinance.  Maybe look at the 4% of property.  Several people agreed with Marie.
Dan indicated he wants some sort of happy medium.  Maybe a percentage could work.
Another resident said let's wait until it's a problem and then do something.
Terry Woehl - this is to protect you from your neighbor.
Another resident would like to see percentages instead of numbers.  The board would have the option to approve a variance.
A resident asked if the board has a size limit on containers.
Matt said the board is changing the township into the city.  He doesn't want any rules.
Another resident liked the percent rule and count towards out-buildings and paint to match your other buildings.
Brandon wants to make sure it doesn't infringe and affect neighbors' property values.
Dusty - take the match paint rule out - but make it a neutral color.
They can be taken with when people sell their property.

Article 9 - PUD

No comments.

Article 10 - Burning of Refuse

A few residents said throw it out.
A resident had an issue with people burning their kitchen garbage.
Dan indicated that the board will not be going around policing people; it will be something to act on after a complaint.
Burt Heaton indicated that he didn't know the rules, because the board couldn't say anything at the public hearing.
Pat Lengenfelder - when burning, you are liable if that fire gets out of control.
Sam Clausnitzer - Can you address wind speed?

Article 11 - Fireworks

A few people indicated take it out.
Burt said go talk to your neighbors.  It shouldn't have to come to the board.

Article 12 - Gun Ranges

Andrew Nagel - this is too broad
Jamie entered the meeting.  Dan asked that he talk about his gun range.  He said it's a designated area with berms that are 10 ft high and 8 ft deep.  He's been there 11 years and hasn't had anything leave the property.  The weekend after the 4th of July, he had an event that lasted until 3 am.  He was asked about the money collected; he indicated none of the money goes to him, other people handle the events, and he only invites people.  He was asked how often other people use the land.  He indicated he has an event every other weekend.  Jamie indicated he has only talked to the neighbors that have complained to him.  Most of what they do is handguns.  Jamie said he's insured.  He doesn't believe he needs a permit to have events.  The Board needs to speak to the township's attorney.  Dan told Jamie that we had some people at the meeting who were not happy.  Jamie said he can hear the Kimball Bottoms gun range.  The issue is that the event went until 3 am.  He said he uses standard military barriers.  A resident indicated he only shoots suppressed.  Shotguns will not eliminate the noise.

Article 13 - Equine

The ordinance needs a higher minimum acres for a horse.
A resident said the development he lives in was created under the City of Bismarck's ETA.  He would not be happy if people started putting horses on property.

Mike Tarnowski from Mountain Plains wants to replat property at 66th and 55th.  He wants to leave it agricultural and create a subdivision.  Dan indicated this needs a public hearing.

Zoning Board closed at 9:08

6. Old Business 

A. Rick Johnson Property 
The board is moving forward with getting the mobile home moved off of the property.  It will need to be stored someplace.  The township needs to give the Johnson's an opportunity to take their belongings.

B. Holzer Property
Myrtle Holzer was in attendance.  This situation has been going on for 4.5 years.  Myrtle told the board to do what they need to do to get this taken care of.  She is done with the free living.  Todd, Jessica's father, was in attendance.  He indicated that divorce papers have been filed; Jessica will be divorcing John.  He indicated that Jessica had been abandoned.  He's trying to get her out of there.  She has applied to get on Burleigh County Housing.  He also indicated that work has been done, and garbage has been cleaned up. The neighbors have said that mail is missing.  The Board is doing what it needs to do to get this cleaned up.  Todd asked for more time.  He was told no, the board is moving forward.     

C. Nathan Jensen property
No movement has taken place. 

D. Open records request
Randy sent an email on 7/14/26 telling the company what it will cost them.  Randy has not heard from them. 

7. New Business

What is the action item the board wishes to take on the ordinances?  Brandon recommended the board will rewrite for the September meeting and then have a public hearing at the October 5, 2026 meeting.

8. Area Reports

A. School Board - Terry Woehl
Back to school night is August 12th.       

B. Treasurer's Report - Randy Strom 
Checking: $95,412.67
Savings:  $119.89
1 CD at $108,725.63
2 CDs at $53,888.49

1. Approve bills to be paid
Sherry Leno - $26.91 General Legal Notice for Variance
Kelsch Law - $2,510.00 - Lawyer fees
Burleigh County - $6,858.57, emergency asphalt repair done in Apple Meadows - Boston Lane and Beacon Loop.  This was a township repair cost.

Supervisor Prichard made a motion to approve the bills.
Supervisor Masset 2nd the motion
Vote: Dan - Yes, Brian - Yes, Brandon - Yes
Motion approved 

C. Assessors' Report - Marie Horning

Marie presented her contract and indicated it would be the same as last year. 

Supervisor Reis made a motion to approve Marie's contract for another year.
Supervisor Prichard 2nd the motion.
Vote: Dan - Yes, Brian - Yes, Brandon - Yes
Motion approved 

D. Building Inspector's Report - Burleigh County
July report had three township properties. 

Chairman Reis made a motion to accept the report.
Supervisor Masset 2nd the motion
Vote: Dan - Yes, Brian - Yes, Brandon - Yes
Motion approved 

E. Road Supervisors Report - John Schmitt
242 loads of gravel were put down.
Reworked ditch on Birch Rd.
He received complaints that they didn't spread the gravel on Barnston. 
County said a special assessment probably wouldn't happen for 1 road.
For special assessment, the development needs a letter of support to take to the county.  County Engineer would complete a report, and then the petitions for special assessments can happen. There are 83 lots; need 60% approval, so would need 50 in agreement.  The roads that are there now lasted 25 years with clay and 3 inches of asphalt.  Garbage trucks may be causing some of these issues.  John called three different places and has not heard from any of them.  All of Apple Meadows has to come in and out through Apple Meadow2.  Would need to do the entire development with special assessments.  John wants to push for a 15-year assessment.  Chip sealing is about $40,000 per mile.

F. Weed Supervisors Report - Dusty Hasper 
Dusty indicated that he has had a few calls and text messages and has taken care of them.

 8. Adjourn

Dan adjourned the meeting at 9:58 pm.
 

Meeting Schedule - 2026
September 15 - please note the date change
October 5
November 2
December 7

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