Mandan will pursue annexation of properties adjacent to 19th Street southeast, despite a probable property owner protest that will throw the issue into mediation.

The city commission unanimously approved commissioner Tim Helbling's motion adopting a resolution to annex property along 19th Street SE between Highways 6 and 1806. City engineer Tom Little hopes to have the process complete by the spring of 2008, allowing for installation of water and sewer in 2008 and reconstruction of 19th Street in 2009.

The city won't know for sure whether there is sufficient protest to defeat their resolution until mid-January. If property owners with 25 percent of the land area submit written protest, it will defeat the commission's resolution, according to city attorney Malcolm Brown.

"If the city wants to continue, it will be necessary to request the governor to have a mediator, who will bring in the city, property owners, any interested parties," Brown said. "If a decision is made that somebody doesn't like, the issue can be taken to district court."

The city commission moved the $7 million 19th Street reconstruction project up on its urban project list and is eligible for 80 percent federal funding. The commission feels the project is vital to residential development needs of the community and will special assess property owners for water and sewer infrastructure, which will be put in prior to road reconstruction.

There were several affected landowners in the audience, but few took the opportunity to address the commission. One who did was Keith Keidel, whose family first settled the land south of Mandan in 1882 and is now home to the sixth generation. Keidel and his family have a large tract of land extending about a half mile on either side of 19th Street.

"What really gets to be a problem for me … the specials that hit my property will be astronomical," Keidel said. "I think we've taken pretty good care of our property, and I think we've been helpful to the city. When 19th Street was to be built, my dad donated portions of property along 19th allowing it to be made a little wider."

At that time, the Keidels questioned why a rural road was being built by the Department of Transportation rather than an urban road with curb, gutter and paving. According to Keidel, they were told the city was unwilling to provide maintenance for the street so the rural section was constructed.

"They could have paved it and put in curb and gutter at that time but didn't. Now we're doing it at much greater costs. We can't keep making mistakes again and again and again," Keidel said.

Keidel also questioned why the city was assessing such a large portion, stretching north of 19th about a mile to city limits and also extending a mile south of 19th to the section line.

Little said that infrastructure costs associated with the 19th Street project would have been prohibitive for a developer to take on individually.

"The generated area is the result of a previous discussion with this commission," Little said. "It takes this type of area to help fund the lift station, sewer pipe and forced main. There is also the local funding for reconstruction of 19th."

Once the new infrastructure is in place and 19th Street reconstructed, property owners will be forced to connect to city water and sewer.

Mandan also is involved in a forced annexation of land north and east of where the new junior high school is being built. It has already determined there is sufficiency of protest, which will require mediation.

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