Whitefish ready to vote on lakeshore annexation

Property owners in the Houston Drive lakeshore area of Whitefish have one more chance to weigh in on the proposed annexation of 43 acres of land the city has deemed wholly surrounded by other city land.

A public hearing will be held on Monday, Nov. 6, before the Whitefish City Council votes on a resolution extending the city limits to include the properties in the east lakeshore area of Whitefish Lake. The council passed a resolution of intent to annex the land in September and conducted a required public-comment period during which the city received two letters supporting the annexation and four letters opposing it.

The city will collect an additional $96,302 annually in property taxes from the annexation.

Whitefish has a state Supreme Court ruling on its side as it proceeds with the controversial proposal.

Two years ago the Houston Lakeshore Tract Property Owners Against Annexation Inc. sued the city, claiming the portion of state law the city uses to annex wholly surrounded properties isn’t applicable and actually prohibits the city from annexing more than one property at the same time.

The property owners’ key argument was that it’s possible to reach their properties without crossing city streets, including traveling via Whitefish Lake or other state and county roads. But both Flathead District Court and the Supreme Court ruled in favor of Whitefish.

Houston Drive property owners Alan and Allison Beougher wrote a letter to the city in favor of the annexation, saying they believe it will give the neighborhood more continuity.

“As it stands now the neighborhood is a checkerboard of county and city properties,” the Beoughers wrote. “It’s been a challenge to keep up with the county’s ever-changing zoning and laws affecting our properties. Ascertaining what agency to call for information or help has also been problematic.”

Whitefish attorney Sean Frampton, who represents a group of homeowners opposed to the annexation, alleged in his letter to the city that the notice given to the affected property owners was insufficient because it did not include the city’s Extension of Services Plan. He further maintained the city has failed to follow its own precedent in updating the plan to the needs of the Houston Drive lakeshore area.

One of the key reasons his clients are opposed to the annexation is that the city does not provide water and sewer service to those being annexed.

Only 11 of the 51 properties targeted for annexation currently receive city utility services.

“Yet the city has no plans to extend the services,” Frampton said. “Instead, it intends for the homeowners to extend the services ‘at homeowner expense or via a special improvement district.’

“How can a homeowner reasonably approve an annexation that would require them to pay city taxes and pay the city’s bill for installing these services?” Frampton questioned. “Like any street or infrastructure construction, that expense is paid by the city and ultimately borne by all of the taxpayers of Whitefish, not just the few the city intends to annex.”

Regarding the alleged insufficient notification process, Frampton said the city set a precedent for sending affected property owners the extension of services plan when it annexed the West Lakeshore area last year. West Lakeshore property owners were provided an opportunity to comment on the extension of services plan and a supplemental plan.

But in the Houston Drive case, “the city has not even scheduled a meeting with the property owners to discuss the plan,” Frampton pointed out.

Ben Cavin, chairman of the Houston Lakeshore Tract Owners Against Annexation, said he’ll see a $2,000 annual increase in his taxes and called the proposed annexation “patently unfair.” He also criticized the city’s failure to provide the Houston Lakeshore residents with a copy of the extension of services plan.

The city attached information to the proposed resolution for annexation that spells out the method and time-frame for bringing existing conditions in area slated for annexation into compliance with city standards. That memo notes property owners will, indeed, be required to pay the standard connection cost when connecting to city water or sewer service.

The council meeting begins at 7:10 p.m. Monday, Nov. 6, at Whitefish City Hall.

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