Hall issues ultimatum for Whitefish 'doughnut'

Flathead County Commissioner Gary Hall has asked the Whitefish City Council to exempt the city's two-mile planning "doughnut" from the proposed critical areas ordinance or face a lawsuit from the county.

That's the gist of a letter sent by Hall on Friday to Whitefish Mayor Mike Jenson and City Manager Gary Marks. Hall asked Marks to distribute the letter to all council members.

The council is set to vote on the controversial critical-areas ordinance on Feb. 19, and if approved, it will impose tighter regulations in drainage-sensitive areas within city limits and the city's planning area.

If the critical-areas ordinance passes, it will "bring to property owners in the 'doughnut' areas nothing but enormous cost, regulatory burdens, and a steep decline in property rights and, potentially, property values," Hall wrote in the letter.

Hall said he has heard the city would have to hire five new people to administer the critical-areas law, at a cost of more than $250,000 annually. The city has acknowledged it will take more staff and money to enforce the drainage ordinance.

Hall, who is running for re-election this year, has criticized the city in recent months for attempting to impose more control over its planning area. The county and city of Whitefish forged an agreement about four years ago to give the city more control over its outlying areas in order to better plan for growth in those areas.

"We did this after being repeatedly assured by those governing Whitefish at the time that the interests of the property holders in this zone would be protected and afforded utmost consideration in all of the decisions affecting their properties," Hall stated. "Unfortunately, this has not proven to be the case."

Hall noted that his repeated attempts to protect the "doughnut" residents have been ignored.

Now, his letter issues an ultimatum: If the city doesn't eliminate the doughnut areas from the jurisdiction of the critical-areas ordinance before its second reading on March 3, the county will work to rescind its planning-area agreement with Whitefish.

Marks said he will ask the council to consider Hall's letter at the Feb. 19 meeting, but he noted that both the city and county would have to pass the same ordinance for any change to occur in the interlocal agreement.

Hall is prepared to see his request through, even if it means suing the city.

"We also fully realize the litigation that will ensue and for the sake of all of our taxpayers we would ask that you consider our intent," Hall wrote. "We also would ask you to consider the millions of dollars of unfunded liability this ordinance will create to your city taxpayers who are also county residents."

Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at lhintze@dailyinterlake.com