Burleigh County commissioners sympathized with residents living along 149th Avenue and committee over $400,000 in county and township funds to pave 2.5 miles to reduce safety fears and flat tires. Total project cost was placed at $539,500.

Residents living along 149th from U.S. Highway 83 to 34th St. NW used Burleigh's 2007 road construction priorities discussion as an opportunity to plead their case at Wednesday's meeting.

Complaints and concerns regarding the stretch of gravel road, which heavy haulers use to access a private landfill owned by David Barth, have been brought before the commission before. Last year, the landfill's attorney, Bill Delmore, committed to a number of items on behalf of the landfill that were expected to improved conditions. But residents say little was actually done.

Among those conditions were the tarping of trucks carrying inert refuse to the landfill; restricting landfill hours to the same as Bismarck's landfill; cleaning of ditches of refuse; reduction of speed; and further landfill restrictions for those repeat offenders.

"The trucks were tarped for a short time, but they are not any more," Jill Leintz said. "They also agreed to fun the landfill the same hours as the city, but they are going from 5 a.m. to 7 p.m., seven days a week. Some people think we want this paved just to be paved, but we have huge safety and health concerns."

Jill and her husband, Jay, provided the commission with evidence of the sharp scrap metals coming off the trucks and pictures of the dust thrown up the the trucks. The Leintzs have experienced 11 flat tires since September, and Jill said she had nearly been run off the road on several occasions when meeting trucks on the road.

Bob Evans testified he had similar problems but finally decided to take a longer route to access U.S. 83, and since hasn't had any flats.

The Leintzs and Dave Andahl, whose family has ranched in the area for 100 years, went to their neighbors to see what interest they would have in participating in a special assessment district for paving the road. Andahl said 58 property owners had been contacted, and all but 16 agreed to participate. A special assessment district can be created if 60 percent of the landowners and 60 percent of the land is in favor of the project. If these conditions are met, all the landowners will be included in the district if they oppose the project or not.

According to county engineer Jon Mill figures, Riverview township should commit $38,000 to the project and Burnt Creek township $79,000. The county commissioners, acting as the board for the unorganized townships, affirmed this. Mill also had the county's financial responsibility at $202,800, but commissioners added another $100,000 citing it as a special circumstance.

The Leintzs reported that Barth was willing to commit $55,000 to the project, though if a special assessment district is created, the landfill will also be assessed accordingly. The remainder of the funding will have to come from the residents through the special assessment district.

Commissioner Jim Peluso, while sympathetic to the residents, said that while paving will take care of the dust and condition of the road, problems with speeding and sharp objects on the road will remain. He suggested more law enforcement.

New Sheriff Pat Heinert said he had received a couple of calls about the road and recognized the safety problems. He was particularly concerned about school bus activity and problems facing children as they were dropped off and had to cross the road. Heinert said that truckers could be fined for speeding and for cases of loose and leaking loads. But he admitted that the accompanying fines would unlikely be much of a determant.

Acting Commission Chairman Jerry Woodcox, filling in for an absent Marlan Haakenson, said the residents should get their special assessment district put together quickly if they wanted the project done this year. He felt that should they go beyond June, a project wouldn't be feasible for 2007. Woodcox also noted that the figures for the total project cost were just an estimate and could prove to be higher or lower.

The commission approved Schonert's motion to fund the project on a 4-to-0 vote, but pointed out that it will only go if residents create the special assessment district and fund the remaining portion.

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