The city of Mandan will be embroiled in two forced annexation attempts in April, with the mediation process taking place on property north and south of corporate limits.

Bismarck attorney Patrick Ward is mediating both annexation attempts - to the north property adjacent the new junior high and to the south land either side of 19th Street.

He will be joined at the negotiations table by city attorney Malcolm Brown and Bill Delmore, who is representing property owners in both mediations.

It's been more than two months since parties involved in the north side annexation gathered in city chambers to discuss the issue as part of the mediation process. No resolution was achieved, but discussions were amicable, and it appeared a "middle ground" was achievable. A second meeting is scheduled for Wednesday.

"I've been encouraging the attorneys to talk and share information," Ward says. "I'd like to get the north side annexation resolved, and I'm hoping the city is willing to make some concessions. This can only go on for so long until we reach an agreement or I have to tell the governor we haven't made any progress. The city would then have to decide whether to go to the next step, taking it to the courts."

Brown confirmed that the two sides have been talking and providing information in the north annexation process. Brown feels there is a reasonable chance of reaching an agreeable resolution by July. This would allow the city to create an improvement district and complete infrastructure projects before the new school construction is complete.

Delmore feels the two sides are relatively close on the north annexation but said there will have to be more concessions on the part of the city before any agreements are reached.

Delmore said many of his clients are seniors on fixed incomes and will be forced into selling or subdividing their property to have any hope in paying off the special assessments that will accompany the street and utility improvements.

The first mediation meeting for the city's attempt to annex property south of corporate limits on either side of of 19th Street is scheduled for April 10. Landowners involved in this annexation have been much more vocal in their opposition.

While the annexation process is similar, Ward expects the south side issue to be much more difficult. Ward has acted as a mediator in other cases, but these are the first involving land annexations. He's seen the process be quite successful in civil matters.

"It's unusual to be involved in two annexations with the same city,"Ward admitted. "As the mediator, I feel we should be able to work out any differences, but the mediator has no power to compel resolution."

Neither Ward nor Brown were surprised that Ward was chosen by the governor to preside over both mediation processes. Ward is familiar with the city's counsel and the property owners' representatives in both mediations. Delmore also is comfortable with having Ward mediate both issues.

But while the processes may be similar, what drives them is quite different, according to Brown.

"School development is what is precipitating north annexation by the city," Brown says. "The south side is driven by needed improvement to 19th Street and the incorporation of water and sewer. The south side timing is not as important, though the street project is on the list for 2009."

While the first meeting hasn't even occurred yet, Delmore says the property owners and city are a "long, long way from any type of resolution."

"We're hoping there is some other answer to the road (improvement of 19th Street)," Delmore said. "I wish the city had sat down with the property owners before entering into the formal mediation process. In Bismarck the city sat down with the residents of KMK before going to mediation and were able to resolve the issue. This mediation is the first formal step in forced annexation."

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