U.S. 93 properties annexed

Seventeen lots along the U.S. 93 South corridor were annexed without protest Monday night following a 4-3 vote by city council.

Each of the lots are entirely surrounded by land within the Whitefish city limits. Based on state code regarding “wholly surrounded land,” city 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.

Councilors Phil Mitchell, Chris Hyatt and Bill Kahle were in opposition of annexation. Mayor John Muhlfeld broke the split vote.

While there was general consensus among councilors to annex most of the properties in question, 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 in question, including the vacant lots, were receiving the same city services as others within the city — fire, police, ambulance, street maintenance — without paying city taxes.

Councilors 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 responded to Stearns points. “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 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 for the dealership.

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 like 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 would likely go up due to the increased taxes following annexation.

Following public comment, council took to 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 motioned 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 was eventually voted down, setting up another vote on the original motion to approve the annexation of all 17 properties.