Whitefish annexes land along U.S. 93 South

Seventeen lots along the U.S. 93 South corridor were annexed Monday night following a 4-3 Whitefish City Council vote.

Each of the lots is entirely surrounded by land within Whitefish city limits. Based on state code regarding “wholly surrounded land,” the council has the authority to incorporate those properties without challenge or a public vote.

The estimated new property taxes to be collected from the annexed properties adds up to about $22,600 annually.

Council members Phil Mitchell, Chris Hyatt and Bill Kahle opposed the annexation. Mayor John Muhlfeld broke a tie vote.

While there was general consensus among council members to annex most of the properties, they were divided on whether the annexation should include vacant lots. Eight of the properties annexed Monday do not have buildings on them.

City Manager Chuck Stearns had argued that the annexations were an effort to establish “equity” among property owners within city limits. He said owners of the lots, including the vacant lots, were receiving the same city services as others within the city — fire, police, ambulance, street maintenance — without paying city taxes.

Council members Bill Kahle and Chris Hyatt noted that vacant land doesn’t require the same level of city services as those with buildings. They worried about the extra taxes the vacant property owners would have to pay if annexed.

“If a [property owner] never steps foot on their land, they don’t use city services,” Hyatt said. “Just because we can [annex] doesn’t mean we should.”

A few business owners along the U.S. 93 South corridor with properties in jeopardy spoke Monday in opposition of the annexations.

Don Kaltschmidt, owner of the Don “K” car dealership, was looking for a compromise from the council. A vacant lot he owns north of the dealership was to be annexed. That lot is used for a community garden and sometimes holds vehicles.

He said owners of vacant lots, in most cases, have no need for city services.

“I challenge the city to find a compromise and to not annex properties at this time that do not need to be annexed.”

Dan Brown, owner of Car Quest, said he felt as if he was being pushed around by the city.

“My problem with forced annexation is that it doesn’t sound right or feel right to me,” Brown said. “I look at the expenses incurred with doing this, and it’s going to be considerable. I’ve got to sell a lot of spark plugs to make up for that.”

Although he no longer owns the Car Quest property, he said his rent likely would go up due to the increased taxes following annexation.

Following public comment, council had a lengthy discussion about whether vacant lots did or did not use city services.

Richard Hildner cited a vacant lot used by Midway Rental for equipment storage.

“I know the police department cruises by [Midway],” Hildner said. “Those lots are being protected by the city police.”

Sweeney asked how to properly define vacant land.

“The [vacant] property at Midway is being used as commercially viable land,” Sweeney said. “Don K’s [vacant] lot is being used functionally as storage of vehicles. Those are quite different from an open field with grass.”

Hildner made a motion to approve the resolution for annexation of all 17 properties, which was seconded by Sweeney. Kahle, however, added an amendment to exclude a handful of vacant lots, which passed on a 4-2 vote with Sweeney and Hildner in opposition.

City Attorney Mary VanBuskirk quickly said she was concerned the amendment could be considered arbitrary since the exclusion didn’t include all of the vacant lots.

“If we have vacant lots, all should be treated the same,” she said. “We need to have a uniform and good reason to show we are not acting arbitrarily.”

The motion with the amendment eventually was voted down, setting up another vote on the original motion to approve the annexation of all 17 properties.