By Associated Press - Thursday, March 21, 2019

BISMARCK, N.D. (AP) - The Mandan City Commission has ordered another business to remove artwork from the building’s exterior because it painted the mural without a permit.

The city commission enacted a six-month ban on mural permit applications in January.

Mandan Architectural Review Commission rejected Lonesome Dove’s sign permit application in January, saying the city code states “no sign or wall mural shall be painted on any building without prior approval from the MARC.”



The bar’s owners, Brian Berube and August Kersten, subsequently appealed saying they had not heard of MARC at the time.

Kersten told the city commission at a Tuesday meeting that the city should have approached them first, the Bismarck Tribune reported.

“Someone should’ve come while we were doing it. Because I would’ve never thought we needed a permit to do that,” he said. “If you’re paying for a license, you should be able to promote your product if it’s done right. I could see if it was tacky or someone was complaining on it.”

Julie Haibeck, owner of Mandan’s Golden Comb Day Spa & Salon, also spoke at the public hearing. She alleges the city covered up her company’s mural, years ago, by putting a wall within 1 inch of it.

“You guys are taking away all of our rights,” Haibeck said, adding that the city seemingly won’t let her choose her own decorations. “I just think you guys are ruling us to death.”

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Ellen Huber, Mandan’s business development director, said the city did not build the wall. The owner of the property next to the Golden Comb placed a landscaping wall that covered Haibeck’s mural, according to Hubert.

Mayor Tim Helbling said he believes some rules and regulations are needed to help bring more businesses to the community.

“As a business owner, I really feel the city overregulates, but on the other side of it - the city side - I hear all the ins and outs and what it’s taken to bring people to the community,” he said.

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Information from: Bismarck Tribune, http://www.bismarcktribune.com

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