Residents living adjacent to the site of Mandan's new junior high in an area the city is trying to forcefully annex got some idea what they could expect.

With the residents of that area, east and north of the proposed school in north Mandan, having successfully protested the city's annexation attempt, the process entered the next step, mediation.

Bismarck attorney Patrick Ward was appointed by the governor to preside over the mediation effort which began with a two-hour session Wednesday.

While Ward announced that he was confident a solution could be worked out to allow the annexation, should the two sides fail to agree the final step will be the courts.

Attorney Bill Delmore is representing a majority of the property owners, while attorney Malcolm Brown represents the city's interests. Mayor Ken LaMont and commissioner Tim Helbling sat in on the meeting that had more than 30 in attendance. The committee representing the property owners include Reid Vogel, Eugene Hatzenbeler and Duane Zachmeier.

Delmore said that his clients were happy with the services provided by the county and each had invested in their own wells and sewer systems, so they didn't need the city's infrastructure extended to them.

City Engineer Tom Little provided a presentation to start the meeting, providing some idea what will follow annexation. There will be six construction projects - three street construction-reconstruction projects and three water and sewer projects - totaling more than an estimated $10 million. Little provided one scenario in which there will be six separate assessment districts for the projects which will include the school property along with the area's benefitted landowners.

Projects ranged in costs from just over an engineer's estimate of $16,000 to more than $3 million. What drew the concern of the residents is the possibility that some of the properties could be in all six special assessment districts with an acre of land being special assessed at nearly $100,000 which could be paid by the property owner over a period of 15 years with a 4.5 percent interest charge.

The streets being involved in the construction projects involved 27th Street, Highway 1806, Eighth Avenue, Sunset Drive, and Beretta Street.

"What this boils down to is an effort to be proactive to development which will take place adjacent to the new school,"Little said. "Any time a school is built there is tremendous residential growth around that school, which is a strong drawing card for development."

Little estimates that the school will cater to 550 students and generate 650 vehicles a day. Roads in the vicinity of the school are not capable of handling this traffic flow presently.

Delmore asked Little if he had given any consideration to a city-wide assessment since the school benefitted the entire community. Little responded he had not.

Brown was quick to point out that the plan offered by Little for construction and assessment districts was just one concept. He added it would be up to the city commission to determine the size of the special assessment districts and the special assessment board to determine the amount of benefit to properties.

Further, the entire school district will be paying a portion of the special assessments which will spread the costs throughout the entire community.

Zachmeier, who's property is centrally located, maintained he and others would be forced to subdivide and develop because they couldn't afford the special assessment costs.

Many of the property owners are seniors living on fixed incomes, according to Delmore, and there is no way they can afford the immense special assessments alluded to by Little. He understands they will likely have to make changes to their properties to allow development.

Little pointed out that the new school is scheduled to open in August of 2008. The projects will be phased in over a number of years with the last in 2011. The city engineer felt that will provide landowners some time to make decisions on how to develop their properties.

Delmore concluded that one of his clients had pointed out that one neighborhood was being asked to provide access and utilities for a school that serves the entire community.

"What benefits are you going to provide them to take on this burden?" Delmore asked.

It was determined by Ward it will likely take another meeting or more to work out the details. He asked the city of Mandan to provide specific special assessment costs for each landowner by the time the meeting is reconvened on at 7:15 p.m. Feb. 27.

"I want to note that the costs I've indicated are estimates. Only contractors during bidding time will tell us what it will actually cost," Little said. "While the first project on my timetable, Fourth Avenue and 27th Street, will be needed first, it's possible other projects could be flipflopped or segmented. We're trying to make sure the infrastructure is there to meet current and projected development."

Ward also asked that the attorneys and resident committee work together during the interim to provide more information and possible options.

(Reach reporter Gordon Weixel at 701-250-8255 or gordon.weixel@;bismarcktribune.com.)