Burleigh County Commission - 2026-05-04

Amended off-highway vehicle ordinance 23-01 creating ordinance 26-01 with temporary restrictions during certain conditions and increased fines. The ordinance defines off-highway vehicles and allows the commission to impose 7-day restrictions on OHV operations. Fines can reach up to $750-$1,500. Vote was 3-2 with Commissioners Bakken, Woodcocks, and Munson voting yes; Chairman Bittner and Commissioner Schwab voting no.

Commission voted to appeal the Garrison Diversion Conservancy District's decision regarding Burleigh County's membership. Appeal must be filed within 30 days of April 17th decision (deadline May 16th). Vote was 4-1 with Commissioner Munson voting no.

Approved minor addition to sanitary sewer easement for City of Bismarck's Hay Creek Lift Station and Interceptor Project. Addition is approximately 9 feet wide at widest point, running about 360 feet, to align easement with construction. City will own and operate the sewer.

Vacated Buckboard Lane (580 feet, approximately 80 feet wide, roughly 1 acre) in Ponderosa Riverside Village Replat for Jeff and Kim Esslinger who own all adjacent lots. Road was never constructed. Petitioners plan to combine four lots and build a multipurpose shop.

Authorized contract with Strata Corporation as low bidder for Project 0193, Ponderosa Riverside Village roadway improvement project. Bids opened April 28, 2026.

Authorized contract with WMD Spaniak as low bidder for township gravel hauling. Bids opened April 28, 2026.

Accepted platted right-of-way for JFP Foxhaven Subdivision approved by City of Bismarck through ETA process. One of the last ETA projects in the pipeline.

Granted pavement policy waiver for Timothy and Mallory Clotty for one-lot subdivision in Track 10, Northeast quarter of Section 11, Burn Creek Township. Waiver exempts requirement to pave 2.5 miles of township subdivision roadway.

Approved appeal of Highway Department denial for second approach permit at 9019 Briardale Dr., Block 2 Lot 5 of Briardale Subdivision. Original denial was due to spacing requirements (100 feet preferred, actual approximately 25-30 feet from neighbor's driveway). Low speed, low volume roadway with no safety concerns identified.

Added Ziply Fiber Pacific to list of approved utility companies for permit issuance in county right-of-way. Company will provide retail internet and voice-over IP services. NFC Northwest will own the fiber optic infrastructure.

Accepted $25,000 cash donation from VFW Post 1326 for drone purchase. Combined with previous $25,000 AMVETS donation, will fund purchase of two drones for Sheriff's Department.

Approved mowing contract with Knockout Land Management at $9,000 monthly ($45,000 seasonally) for Missouri Valley Complex. Elite Lawn Care's lower bid was disqualified after they requested to revise their bid due to error (bid weekly as biweekly).

Approved at least two cleanings of vault toilets at Steckle Boat Landing, McLean Bottom, Nifle Landing, Swenson Park, and Kimball Bottom at $460 per cleaning total for all sites until temporary employee is hired.

Authorized Commissioner Munson to proceed with dredging bids if they come in below $10,000 budget per ramp when bids open May 19th, rather than waiting until June meeting.

Motion to approve Morton Township floodplain resolution with amended indemnification language failed 2-3. Will be brought back to next meeting with corrected language. Section 8 language to be amended from 'if Morton Township previously exercised' to 'if Morton Township exercises' floodplain management authority.

Tabled discussion on exempting Missouri Valley Complex and Kimball Bottoms Recreation Area from fire restrictions for training purposes. North Dakota Parks and Rec and Corps of Engineers requested exemptions. State's Attorney to research legal authority.

Approved filing claim for Discover merchant lawsuit settlement funds related to overcharged fees. No estimate of potential recovery amount.