Kalispell Council OKs annexation policy, map

The Kalispell City Council on Monday gave final approval to an annexation policy and map.

The two items were added to the city’s Growth Policy 2020.

The map sets a boundary outside city limits where the city generally would look kindly on annexing with the property owner’s consent. Outside that boundary, planners would scrutinize any annexation request closely before recommending approval.

Staffers used a combination of topography, nearness to current city limits and the city’s ability to provide fire protection in drawing up the map.

Generally the boundary runs to Lone Pine State Park and the surrounding hills on the southwest, to the Whitefish River on the east, and between a quarter-mile and half-mile beyond existing city limits on the north and south.

The city is not looking to annex land in the Evergreen Water and Sewer District, City Planner Tom Jentz has said.

Council member Bob Hafferman said the annexation boundary is sorely needed, but proposed four amendments to the policy, two of which were adopted.

The most controversial amendment said that the city would pay for any forced annexations of wholly surrounded property. Duane Larson supported this amendment, but it failed 6-2 with Tim Kluesner absent.

Jentz spoke against the amendment and referred to a 1991 state Supreme Court case concerning the city of Whitefish that said the city could require property owners to pay for forced annexations.

“I have not seen this council do outrageous wholly surrounded annexations,” Jentz said, trying to reassure council members.

Jentz said properties can be forcibly annexed into the city without being required to hook up to city sewer or water. “You can be in Kalispell on a septic tank or well,” he said.

In support of the amendment, Larson said, “We have to make it clear to future councils that they can’t arbitrarily do this.”

Hafferman said that in the Whitefish case, the properties already were connected to city water or sewer lines when they were forced to annex.

Council member Wayne Saverud encouraged the council to consider each situation on a case-by-case basis. “Councils in the past have been cautious and careful. Every situation is different. We need all options on the table,” he said.

After the amendment failed, Hafferman offered an alternative amendment that he said was “kicking the can down the road” but nonetheless possibly offered some protection for properties in forced annexations.

The amendment deleted a phrase that said financing options were available to property owners in forced annexations. The deleted portion included the wording “to the property owners,” which left a vague statement about financing options being available, presumably to either the city or the property owners.

That amendment passed 6-2 with Jim Atkinson and Randy Kenyon voting no.

Hafferman also got an amendment approved that requires a fixed impact fee for connecting to water or sewer lines at the time a property owner requests annexation. This passed unanimously, and Jentz said it incorporates the city’s existing policy.

Erica Wirtala of Sands Surveying encouraged the council to approve the policy and map during public comment.

Ultimately, the council approved the annexation policy and map unanimously.

The annexation map can be viewed at http://www.kalispell.com/planning/index.cfm#currentP, under “Misc Projects and Information.

Reporter Caleb Soptelean may be reached at 758-4483 or by e-mail at csoptelean@dailyinterlake.com.