Whitefish studying township proposal

Whitefish Mayor Mike Jenson began his term on Monday with a proposal to explore the idea of creating townships to give residents of the city's 2-mile planning area more representation.

It's a change that likely would need state legislative approval, though City Attorney John Phelps said he would investigate whether townships or something similar could be created without changing state law.

Jenson envisions adding to the council two representatives from the "doughnut" area. They would vote on issues such as annexation and zoning in the planning area. The additional council members wouldn't vote on city money matters since they pay no city taxes, he proposed.

There has been growing resentment from residents of the planning area who fall under city control for enforcement such as the proposed critical areas ordinance for drainage - but can't vote for council members.

Establishing neighborhood groups that would organize and lead the election of their own representatives would go a long way toward establishing rapport with citizens who now feel disenfranchised, Jenson said.

IN GENERAL terms, a township is a settlement that has the status and powers of a unit of local government.

In the United States, township government was developed in the late 18th and early 19th centuries for a rural society in which transportation to outlying areas was slow and difficult, according to a study done by David Hamilton at Roosevelt University in Chicago.

Twenty states use a township form of government, but they differ in the amount of authority they have. About a third of the states limit townships' ability to levy taxes, Hamilton said in his report. Most townships rely on property taxes for a revenue source. Historically, townships have focused primarily on road maintenance, but they can provide a range of municipal services.

AFTER YEARS of negotiations, Whitefish and Flathead County forged an agreement three years ago that gave Whitefish full control of planning decisions within the 2-mile area surrounding the city. Commissioners Gary Hall and Joe Brenneman favored the creation of the doughnut area, while Bob Watne was adamantly opposed.

At the time, Brenneman said it was inaccurate for county residents to say they were the focus of "taxation without representation" because there are no taxes involved.

"What we're talking about here is influence," Brenneman said in January 2005. "I look at [the interlocal agreement] as a step in the right direction."

But since then, resentment has been building in the 2-mile area as the city has proposed ways to have better oversight of development outside city limits.

In March 2007, when the city proposed zoning compliance permits for new construction or remodeling and approved site plans for development-related excavation in the planning area, Hall took the council to task, saying this kind of regulation isn't what anyone had in mind when the city-county agreement was passed.

The city backed off on the zoning compliance permits, making them voluntary, though the proposed critical areas ordinance, if passed, would make them mandatory. City officials maintain it's difficult to have any measure of control over development without specific requirements.

Hall said the commissioners are willing to work with Whitefish on ways to give outlying residents representation in city government.

"What we have isn't working," Hall said Tuesday, adding that the commissioners are prepared to rescind the interlocal agreement if the city doesn't find a way to better represent residents of the doughnut area.

The City Council would need to approve the dissolution of the planning area, too.

"We feel we can win the argument," Hall said, "but that's not the way we want to go."

Hall suggested scaling back the planning area to include only those neighborhoods where the city has "concrete written plans" to annex.

"A lot of the area they have [in the doughnut area] they'll never annex," Hall said.

THE COUNCIL immediately embraced Jenson's proposal.

"I think it's great," council member Martin McGrew said. "It's an acknowledgment we're trying to do something."

Council member John Muhlfeld said residents of the doughnut area need a voice and urged the city to work with state Rep. Mike Jopek, D-Whitefish, in getting legislative changes made to allow townships.

Jopek offered his help earlier in the meeting.

State legislation was proposed a few years ago that would have given residents of out-of-city planning areas the right to vote in city elections, but the measure failed.

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