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City annexes W. Lakeshore properties

by HEIDI DESCH
Daily Inter Lake | July 21, 2016 10:19 AM

Twenty-five properties on West Lakeshore Drive will become part of the city.

Whitefish City Council passed a resolution annexing the properties July 18, saying the move was part of efforts to protect the water quality of Whitefish Lake. Many of the properties have lake frontage.

There are heightened concerns about septic leachate pollution in nearby Dog Bay at Whitefish State Park. Council hopes that following annexation property owners will be more likely to connect to the municipal sewer system already in place.

Council used the wholly surrounded land method of annexation, which under state law allows the city to annex property without the property owners having the right to protest or prevent the annexation when access to the properties can only be gained by crossing through the city.

A few property owners, however, told Council last week they oppose the annexation outright.

Bob Peretto, who owns property on West Lakeshore Drive said he doesn’t agree with bringing his property into the city.

“I’m not going to use your services,” he said. “I get my water from the lake and I have a septic tank. I’m going to be charged for things we won’t be using. This will be the nail in the coffin that causes us to leave — the state taxes have almost driven us out of our home.”

Bruce Tate said he is OK with the lot that contains his home being annexed into the city, but an adjacent lot he owns should not be part of the city. He said the vacant lot can never be developed because of restrictions placed on the property.

“I’m glad to be on city sewer,” he said. “It’s the right thing to do for the lake and our lot. The other tract is a point of negotiation because it will never be inhabited it will never need city services.”

Property owners would typically see about a 20 percent increase in their tax property bill as a result of annexation, with some exceptions for low value, vacant land, according to City Manager Chuck Stearns. The city estimates the 25 properties would generate about $48,000 in new property tax revenue and the assessments for streets, greenway, street lights and stormwater would bring in about $5,700.

Councilor Andy Feury said he sympathizes with Tate’s issue.

“I have an unbuildable lot that I own next to my lot,” he said. “It’s difficult for us to exempt you and then anyone can ask for an exemption. The city is going to continue to grow and it’s best to provide for citizens and that’s where annexation comes from.”

Councilor Frank Sweeney said pursuing annexation of lakefront properties is vital to the water quality of the lake, but he also recognizes that it causes an increase in taxes for the property owner.

“That’s the part that I find most difficult,” he said. “It does cause an increase in taxes. I wish there was a way to fix that, but I just don’t know the step that would do that.”

Wastewater lines extend throughout the area. There are 11 properties already on the city system and with annexation their monthly sewer bills for the base rate would decrease by about 10 percent, and their rate for quantity of water used would decrease by about 27 percent. The property owners would face the normal connection costs when choosing to connect to the city’s sewer or water systems.

Stearns said that by annexing the area it may encourage some new voluntary connections to the city system because annexation would no longer be a disincentive to connect.

A recent engineering study suggests that the nearby Lion Mountain neighborhood should connect to city sewer because the Dog Bay area near Whitefish Lake State Park is showing signs of septic leachate pollution.

West Lakeshore Drive is listed as the city’s second priority for possible areas to bring into the city limits. Two years ago the city set a priority list for possible areas for annexation. Houston Drive was listed as the first priority, but that was held up by preventive litigation. Flathead County District Court decided in the city’s favor in the lawsuit.