Whitefish plans fee for properties that join city

Whitefish City Council on Tuesday will consider establishing a surcharge for properties to annex into the city.

For years the city has been dealing with property owners petitioning for annexation to receive sewer and water services after construction has begun and the Public Works Department is requesting the establishment of a fee for those properties. 

City Council meets Tuesday because of the New Year’s Day holiday at 7:10 p.m. at City Hall, 418 E. Second St.

Public Works Director Craig Workman said the timing creates a safety issue for the municipality by accepting new structures into city limits without building permits and thus not knowing how they were constructed. 

“We’ve seen this happening more and more often in Whitefish as Flathead County property owners try to avoid building permit fees and inspections,” Workman said in a memo to Council. 

The surcharge would be assessed based on the valuation of the project. There is a base charge of $5,000 for projects less than $500,000. An additional $2,500 would be assessed for each $500,000 increment above the base value. 

ALSO DURING the meeting, Council will consider authorizing city staff to apply for funding under House Bill 355. Whitefish has determined that the grant opportunity could assist with cast iron water main replacement work budgeted for in fiscal year 2024. 

“HB 355 provides an excellent opportunity for the city to maintain and repair our facilities,” Workman said. 

The increased frequency of water main breaks and leaks, along with complaints about water taste, odor and appearance, are clear indications that the pipes have extended well beyond their service life, he notes. 

“The city of Whitefish has many areas currently served by cast iron water mains with lead joints and services,” Workman said in a memo. “These pipes are approaching 100 years in age and threaten human health and safety.” 

The State-Local Infrastructure Partnership Program was created through the bill during the 2003 Legislature. The initiative is designed to assist cities in financing the maintenance and repair of local government facilities.

The bill established funding amounts based on population and the Whitefish grant allocation is about $586,000. If awarded, the city’s cash match must be equal to no less than 25% of the total project cost. 

Council will also determine whether the city should proceed with applying with Montana Fish, Wildlife and Parks for a Montana Stream Protection Act 124 permit for the construction of a section of the Whitefish River trail. 

The new section of trail would run from between Kay Beller Park north toward the BNSF Loop Trail section between the river and the BNSF railyard. The new section of trail is planned to be constructed between the river and the Riverbend Condominiums and another condo project sandwiched between Miles Avenue and the river. 

Council in 2022 voted to proceed with an elevated path design for the trail, but the project has hit several snags along the way including what permitting process to follow through the state wildlife agency. Now, Montana Fish, Wildlife and Parks has indicated that the city should follow the 124 permit process, city staff notes, which requires a comprehensive design to be submitted to Helena along with the permit application. 

Thus, the Public Works Department is asking Council to authorize spending between $36,500 and $43,500 to complete the engineering design work and submit the permit. In addition, Council must decide whether to authorize city staff to negotiate a memorandum of understanding with one of the condominium property owners for reimbursement of the cost of the construction of the trail on that property. 

Features Editor Heidi Desch may be reached at 758-4421 or hdesch@dailyinterlake.com.