The Keidel family's request to have Mandan annex 80 acres may create some confusion in the city commission's attempt to forcefully annex some 1,200 acres south of the community.

The Keidel property is located near the center of the forced annexation, which is in the midst of an apparently stalled mediation process. The property is located just north of 19th Street south. In the past, Keith Keidel has stood with the property owners opposing the forced annex attempt.

City engineer Tom Little said at Tuesday's city commission meeting that the ability to provide sewer and water to the Keidel property in order to allow development is an issue.

In order to facilitate utility infrastructure, Little recommended the city also annex the right of way along 19th Street, Eighth Avenue, 40 acres belonging to the Eleanor Rippel estate and 40 acres owned by Tri-West.

The additional annexed property would allow the city to run a second water main to this portion of Mandan and provide for a lift station and sanitary sewer somewhere to the northeast of the Keidel property on the Tri-West property.

Little said the right of ways belonged to the state, which allows the annexation of that property. Little said he believes the Rippel Estate would be receptive to the possibility of annexation, though Tri-West is not.

Bismarck developer Lance Wachter, speaking on behalf of Tri-West, which is owned by Gary and Renee Brucker, asked the city commission to table the issue for 60 days.

Wachter said the Bruckers have no intention of developing the 40 acres, most of which is in the Heart River flood plain, where buildings cannot be constructed. The Bruckers are concerned they would be unable to pay for special assessments that will accompany the infrastructure improvements.

Wachter also said that only a small portion of the 40 acres will be needed for the sanitary sewer, and perhaps only that portion should be annexed.

The annexation is important in that it will allow the city to pave 19th Street, which has become a major thoroughfare since Fort Lincoln school opened. The improvements to 19th Street have been an issue since LaMont took office nearly eight years ago.

Commissioner Tim Helbling said he is concerned that only one water line serves that area south of the Heart River, and he couldn't support the annexation unless a second line was brought in to create a looped system and assure a water supply for both consumption by residents and for fire safety.

Little said he envisions a second water line being brought in from the northwest of the Keidel property following Eighth Avenue and 19th Street.

"This is something that seriously has to be looked at because of the liability. It's not good to add 200 to 300 houses and serve them with only one water line," Helbling said.

Wachter said he wanted time to get a handle on what the alternatives might be, and that's why the request for the issue to be tabled. He provided the commission with a sheet of questions that Tri-West wants answered. Wachter said he also was disappointed that the city couldn't provide much specific information on the infrastructure improvements.

Since the majority of Tri-West is in the flood plain and cannot be developed, Little said there likely will be a small special assessment if any at all, since special assessments are based on benefit.

Wachter said that Tri-West may be willing to donate the necessary land for the sewer system. Wachter added that in Bismarck, where he's been involved in the annexation of 2,000 to 3,000 acres, the process is not to annex and then subdivide property. Rather, the land is platted and then brought into the city through the annexation process.

"This has worked well in Bismarck," Wachter said. "I feel we're being rushed."

LaMont and city attorney Malcolm Brown tried to assure Wachter that changes in the annexation of property can be made once the process is undertaken, which includes public hearings and the right to protest.

Asked on how the proposed annexation could impact the city's earlier attempt at forced annexation, which is in mediation, Little said it will be a moot point should the annexation be successful.

Commissioner Jerome Gangl made the motion the city enter into the annexation process for the properties detailed by Little. Gangl stipulated the commission should consider the Bruckers' concerns and look at only annexation of the portion of their property, which is needed for the sanitary sewer. The motion passed unanimously.

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