Polson City Commission debates annexation proposal

A disagreement about state law regarding annexation temporarily stalled an effort by Kaylee Purcell of Mission Ridge LLC to annex her acreage east of Polson during Monday’s city commission meeting.

Ultimately, five of six commissioners and Mayor Eric Huffine voted to bring the two parcels of land into the city, while commissioner Lisa Rehard, a retired attorney, opposed the measure.

The property, located on the west side of the intersection of Hwy. 35 and Haack Road, is already served by municipal water. While not within the city limits, the two parcels are included in the area targeted for expansion in the city’s 2016 Growth Plan.

"This evening the city is deciding if we want to have a say in how this piece of property evolves," City Manager Meece said at the onset of the discussion. "It we want control, we need to bring it in."

The packet presented to commissioners and prepared by city attorney David Miche asserts that Montana Code 7-2-4601 allows the city to annex property that’s not contiguous or wholly surrounded by the city, as long as it’s able to provide services, which would include a municipal sewer connection (paid for by the owner), as well as emergency services.

Rehard, whose former law firm represented small cities in Missouri, disputed the city’s interpretation of Montana Code, saying she believes it prohibits the annexation of land that that doesn’t border the city.

“I don’t think non-contiguous annexations are allowed,” she said. “In my opinion it’s against the law.”

Property-owner Purcell pointed out that the property already receives city water. She also said she planned to develop the land whether it remained in the county or was incorporated in the city.

“Whether or not it gets annexed or stays farmland, I have the right to develop it,” she said.

A major difference is that if she developed the property as a county parcel, housing units would need individual septic systems, whereas it she develops it within the city, homes would be connected to Polson’s wastewater system.

Ultimately, that argument swayed commissioner Carolyn Pardini, who had initially suggested tabling the measure and seeking another legal opinion.

Instead, she sided with the other four commissioners and the mayor. “I think the best way forward is to annex because it’s important that it be on the city’s sewer and not on individual septic systems,” she said.

Adjacent landowners were less enthusiastic. Andrea Johnson, who along with her husband, Mark, live on Haack Road, was baffled by how quickly the commission took action on the annexation proposal. She and her husband had annexed 23 acres in Ronan “and we had to go through lots of steps and several public meetings in order to make a decision.”

Meece pointed out that Purcell is not seeking to subdivide the property at this point. If she does take that step, a more elaborate planning process would ensue that would include public meetings and input. However, if she doesn’t subdivide, the development would be overseen by the city’s planning department, which would make sure it adhered to zoning regulations.

Mary Frances Caselli, who lives on Haack Road across from Purcell’s property, said she and her husband appreciated the quiet and solitude of their surroundings. “It’s all farmland out there and has been for a long time,” she said. “It’s some of the best soil in the valley.”

She worried that a subdivision could introduce both noise and light pollution to the neighborhood.

Realtor Janet Frederick expressed her support for the annexation, pointing out that Polson has a dearth of affordable housing. “This town is growing and we do need to consider having affordable land for people to build on,” she said.

The annexation also includes the portion of Haack Road and Highway 35 that abut the property. Meece told the commission that the city would also recommend annexing the portion of Hwy. 35 (the roadway only) that leads from the existing city limits to the addition at a future meeting.

He also emphasized that Purcell will have to pay to connect to city services, and for any additional infrastructure her development may require, as stipulated by the city’s zoning regulations. She has also agreed to waive her right to protest a Special Improvement District for the next 20 years.

In other business, the commission

• Appointed Tobiann Agliano and MJ Wilder to the Tree and Park Board for two-year terms, and Kristin Winger to the board for three years.

• Selected Morton Beckley and Jim Lind to fill two Citizen at Large terms on the Polson Golf Board, through Dec. 31, 2026. Bob Haueter also applied.

• Gave the go-ahead to Sandpiper Art Gallery to paint murals on four city-owned buildings in 2025. Commissioners Jake Holle and Jen Ruggless also asked that the gallery show commissioners the proposed murals before the projects get underway.