To pave or not to pave 149th Avenue NW remains the question before the Burleigh County Commission, which failed to bring the issue to resolution on a split vote Monday.

Commissioner Doug Schonert removed himself from a vote on a motion by Commissioner Jerry Woodcox to approve a resolution of necessity for paving of 149th. Two commissioners - Woodcox and Jim Peluso - voted yes, while Marlan Haakenson and Mark Armstrong voted against the motion. State statute requires the issue be brought back at the next commission meeting.

While there appears to be an overwhelming need for the paving project, which was initiated by a petition of residents who live adjacent to the road north of Bismarck, paying for the project, which has an engineer's estimate exceeding $700,000, is proving problematic.

Back in January, county engineer Jon Mill put the 2.45-mile project at $540,000. The county committed $300,000 to the project. Residents put together the needed signatures for the project, allowing creation of a special-assessment district, and David Barth, owner/operator of DB Solid Waste Management, offered $55,000.

But due to escalating construction prices and a recent state bid-letting to draw upon, Mill has revised his estimate to $740,000. This has some of the original petition signers rethinking their position.

The commission held a hearing on the special-assessment district and received a mixture of messages from those concerned.

The need for the paving stems from unsafe conditions, developing from contractors trucking waste construction materials to the landfill. Residents complain that trucks bringing waste to the landfill are speeding, throwing a lot of dust into the air, causing deterioration of the road, and waste construction materials are falling off of the trucks and causing a proliferation of flat tires.

Armstrong said he doesn't believe the paving will provide much of a solution for the complaints, and instead proposes the county purchase the landfill and close it. It was noted that the county could not use road funds for this type of purchase.

Other funding suggestions for the paving included charging a tipping fee at the landfill and attempting to get the city of Bismarck to contribute to the project. Schonert said a tipping fee could cause the county some headaches in attempting to monitor the activity, and it probably could not be put in place this year.

Bill Delmore, attorney for Barth, said his client had sent out letters to those using the landfill to clean up their act and asking them not to speed and to use the outlined route to the dump site.

"To pay much more than the $55,000 that has already been offered would be difficult," Delmore said. "Business is down 11 to 12 percent since the letter was sent out and that is a sizeable dollar amount."

The landfill is one of the best-run in the state, according to the Department of Health, Delmore said.

Haakenson inquired several times if those in the assessment district would be willing to pay more to have the pavement. Several said they would, while others wanted some indication on how much more. Others wanted petitions circulated again with up-to-date figures. Mill's original numbers estimated the special-assessment district to pay for about $120,000 of the cost, and that rose to $184,000 in the latest estimate.

"We have a problem," Peluso said. "We can't expect more from the residents. We still have a safety issue. We need to figure out our priorities, maybe drop another project. You really can't point a finger at anybody. I think we need to move forward and pave no matter what the cost."

Woodcox made the motion to approve the resolution of necessity creating the assessment district, planning and putting the project out to bid. In his motion, the county would pick up any expense beyond Mill's first estimate. This would make Burleigh's share nearly $600,000.

Schonert removed himself, saying he was too close to the issue having once lived in the area and having relatives who live there now. The vote ended in a tie to be brought back at the next meeting.

Armstrong said he would explore the option of the county buying the landfill.

"Pavement is not going to solve anything. Trucks are still going to speed, you're still going to get construction materials on the road. My view is we're throwing good money after bad," Armstrong said.

(Reach reporter Gordon Weixel at 250-8255 or gordon.weixel@;bismarcktribune.com.)