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HomeMy WebLinkAbout1993-10-12 ccm ---- ...:~ - -- ~. ~ , I MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 12, 1993 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 12, 1993, at 3:30 p.m. Present were Mayor Pro Tempore Vincent, Commissioner Frost, Commissioner Stiff, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. Mayor Swanson was absent in compliance with Section 7-3-4322(2), M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - SeDtember 27 and October 4. 1993 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes .f the regular meeting of September 27, 1993, be approved as amended. The motion carried by the fOllowing Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Knapp and Mayor Pro Tempore Vincent; those voting No, none. Mayor Pro Tempore Vincent deferred action on the minutes of the regular meeting of October 4, 1993, for a period of one week. ADDlication for Tax Abatement Proaram for Historic PrODerties and Historic Districts - restoration of Ardice Lvon Residence. 715 South 3rd Avenue - Sam and Amv Anderson City Manager Wysocki noted that, included in the Commissioners' packets, was a memo from Historic Preservation Officer Strahn, dated October 4, forwarding information regarding the tax abatement program for historic properties as well as information on the specific application eefore the Commission. Historic Preservation Officer Derek Strahn reviewed the information which he had forwarded to the Commission. He reminded them that in 1989, the Legislature passed House Bill 685, which established a tax abatement for properties on the National Register of Historic Places; and in December 1989, the City Commission adopted Commission Resolution No. 2766, 10-12-93 ..,c.~ - - --- -~. - - _~ .__.__n___ _. ...._ ~ - 2 - implementing the program on the local level. He noted that copies of both the legislation and the resolution were included in the Commissioners' packets for review. Officer Strahn reviewed the provisions of this program, noting that it allows for "tax benefits as set forth in said statutes for those improvements made by restoration, rehabilitation, _xpansion or new construction of certified historic commercial or residential properties or qualifying new construction within an historic district which meets the design criteria during the construction period, which is not to exceed twelve (12) months, and five (5) years following completion of said construction. ... The tax abatement is limited to One Hundred Percent (100%) of the increase in taxable value caused by the rehabilitation, restoration, expansion or new construction and applies to only those properties which do not receive any other exemption or special evaluation provided by Montana Law during the period of abatement." The Officer emphasized the fact that the tax abatement is designed to freeze all increases in taxes attributable to the preservation work only. Historic Preservation Officer Strahn noted that the Historic Preservation Advisory Commission was charged with the duty of developing an application form and procedures for this program. He stated that has been accomplished; and this is the first application to be considered. _e noted that the applicants have renovated the residence at 715 South Third Avenue in compliance with the Secretary of Interior Standards for rehabilitation. He noted that the photograph packet submitted with the application demonstrates the enhancements which have been incorporated into the property. He stated that Andersons applied for, and received, a building permit for the subject rehabilitation in May 1992; and the work has not been completed. Officer Strahn stated that a conversation with Mr. Ty Typolt, County Classification and Appraisal Office, revealed that the average increase in property values in Gallatin County between 1992 and 1993 is 10.7 percent. He stated it now appears that the best way to determine the amount of tax abatement would be to subtract the average amount of taxable value increase from the total increase in taxable value on the Anderson property. He noted that the property values in historic neighborhoods typically increase more than the generic taxable values in the county; .owever, he stated it is not possible to calculate what the actual percentage of increase might have been in that specific neighborhood. Historic Preservation Officer Strahn stated that it has been determined the total increase in taxable value because of the rehabilitation is about $970.84. He stated that, based on this year's mill levies of 110.88 for the City and 103.77 mills for the School District, the requested 10-12-93 .-"....--..- ---. - 3 - abatement would result in a savings of $242.30 annually for the next five years. He cautioned that the County appraisal cycle, which occurs every three years, could result in a need to recalculate the abatement after the new appraisals in 1996. Officer Strahn stated the Historic Preservation Advisory Commission is excited about this .apPlication. They feel this is a worthy program that could generate interest in the preservation of historic properties and that this application is a good representation of the program and its intended use. He then forwarded their recommendation for approval. Responding to Commissioner Knapp, Officer Strahn stated the application was developed approximately 1 Y2 years ago. He then indicated that he feels each application must be considered on a case-by-case basis because of the variables involved. He stated that as the process becomes more heavily utilized, some issues may consistently surface and need to be addressed. Responding to Commissioner Frost, Officer Strahn stated that the Appraisal Office does not look at specific neighborhoods, but considers all of the properties in the county when developing the percentage of increase in market value. Commissioner Stiff stated that he asked Mr. Typolt about the fair market value of the .subject home if there had been no improvements; and, if he didn't misunderstand the response, there was no increase in the value because of the improvements. He suggested that, since he has seen the fair market values of houses on that street increase 35 percent to 50 percent, it may be beneficial for City staff to visit the Appraisal Office again. He then Questioned how this application is to be handled if it is determined that the improvements created no increase in taxable value. City Manager Wysocki suggested that staff could possibly review the valuations to see if it is possible to determine what the old portions were valued at and what the new valuation is, then determine the difference. Historic Preservation Officer Strahn stated he tried to meet with the Assessor on several occasions, to review the figures on this specific property, but has been unable to do so. He noted it appears that determining the increase in market value as a result of the improvements will be a eomewhat subjective process. Further responding to suggestions from the City Manager, Officer Strahn stated the historic inventory on the subject property was completed in the mid-80's. He noted that inventory characterizes the site as a very nice Victorian/Queen Anne, but with only moderate historic and architectural impact because of the asbestos siding and the enclosed porch. He stated that those 10-12-93 . - . ' - 4 - issues have been rectified through the recent rehabilitation; and the house is now a contributing element in its historic district rather than a neutral element. The City Manager recommended that the Commission delay action on this application until after the questions which have been raised can be answered. . Mayor Pro Tempore Vincent noted that the Commission's action on this application will set a precedent for actions on other applications of this type, stating his support for delaying action. Responding to questions from the Mayor Pro Tempore, Officer Strahn stated that there are approximately five vacant lots within historic districts inside the city limits. He noted that any homes within those districts, no matter how new they might be, would be eligible for this tax abatement program, if they are constructed or rehabilitated in a manner that shows sensitivity for the characteristics of the district and result in a contributing element to that district. Mayor Pro Tempore Vincent noted one of the options before the Legislature regarding property taxes is to put a freeze on property values at possibly the 1990 or 1991 level. He then asked how such an action might impact this program. . Historic Preservation Officer Strahn responded that if there is no increase in property values, there is no need for this program. He then reminded the Commission that this abatement is for no more than five years and cannot be renewed or combined with any other program. City Manager Wysocki suggested it may be too late for any abatement of taxes to appear on the 1993 tax bill, noting it may be beneficial to obtain an answer from the County during the upcoming week. Historic Preservation Officer Strahn stated he will check on that. He then reminded the Commission that the Board recommended approval of an abatement of taxes for a period of five years after the end of the construction period. Mayor Pro Tempore Vincent requested that this item be placed on next week's agenda for action. . Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Deviation from Section 18.16.050 of the zonina ordinance to allow a garaae to encroach 5 feet into the 8-foot reauired side yard setback and 11 feet 10-12-93 . --'. ~ . - 5 - into the reauired 20-foot rear yard setback - Barbara Bakwin. 1 017 South Willson Avenue; per DRB recommendation (Z-93132) Deviation from Section 18.18.050 of the zoning ordinance to allow a second floor addition to encroach 1 foot 6 inches and an uncovered deck to encroach 11 feet 6 inches into the reauired 25-foot rear year setback. and to allow a second floor addition to encroach 4 feet 9 inches into the 15-foot corner/side yard setback - Shelley Miller. 619 West . Harrison Street: Der DRB recommendation (Z-93134) Claims It was moved by Commissioner Stiff. seconded by Commissioner Knapp, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Knapp, Commissioner Frost and Mayor Pro Tempore Vincent; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. . (1 ) Memo from the Clerk of the Commission, forwarding comments in opposition to the selection of the sculpture for the North 7th Avenue Sculpture Park. (2) Notice of the Cemetery Board meeting scheduled for 2:00 p.m. on Thursday, October 14. in the Conference Room. (3) Agenda for the Development Review Committee meeting which was held at 10:00 a.m. today at the Carnegie Building. (4) Agenda for the Design Review Board meeting which is being held at 3:30 p.m. today at the Carnegie Building. (5) Agenda for the County Commission meeting which was held at 1 :30 p.m. today at the Courthouse, along with daily minutes for the week of September 27, 1993. (6) Notice of a meeting to be held at 4:00 p.m. on Tuesday. October 19, at the eranTree Inn, regarding North 7th Avenue, as submitted by the Chamber of Commerce. Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, invited any interested Commissioners to attend the meeting. She noted that Mr. Gene Cook. owner of the Comfort Inn, is in charge of the efforts to beautify that entrance to the community. 10-12-93 -----.-- . - 6 - (7) City Manager Wysocki submitted the following. (1) Reminded the Commission of the Interagency Breakfast tomorrow at 7:00 a.m. at the Baxter. (2) Reminded the Commissioners that comments regarding the sidewalk policy are due today, in preparation for the public hearing scheduled for November 15. (3) Stated he feels the Montana League of Cities and --------Towns Conference had several good sessions. (4) Stated that underwater videos have been taken 4 . on the interiors of the City's water tanks, including the blue water tank, the tank along Sourdough Road and the Lyman Creek reservoir. He stated that the sediment on the bottom of the tanks was also vacuumed out. (5) Announced he will attend the Chamber of Commerce retreat later this week; and Commissioner Vincent will hopefully be able to attend a portion of the retreat as well. (8) Commissioner Knapp submitted the following. (1) Attended the Montana League of Cities and Towns Conference last week, where she served as voting delegate at the business meeting. She noted that four resolutions were adopted at this year's conference because of the pending special session. (2) Noted the article on the "We Share the Road" campaign in the latest Check It Out newsletter from the Library. (9) Commissioner Frost submitted the following. (1) Noted the display ad which the 4 rcounty Commission has begun to run in the Sunday edition of the newspaper, setting out the agenda for the Tuesday meeting. He suggested it may be beneficial for the City to consider a similar ad, rather than depending on a news article to inform the public. (2) Asked when the Bozeman Tree Advisory Board will be meeting again, noting there are several issues for them to address. (3) Watched the balloons go up on both Saturday and Sunday, noting it was a "quite a show". (10) City Attorney Luwe distributed copies of the handout he had received at the Montana League of Cities and Towns Conference regarding 1993 legislation which impacts cities and towns. (11 ) City Attorney Luwe then submitted the following. (1) Stated that a new suit has been filed with the Clerk of District Court; however, he does not know what it is about. He .. ,equested that if any Commissioner is served, he be contacted immediately. (2) Announced that he is tentatively scheduled for National Guard duty next week; however, there is a good chance that will not occur since the federal budget has not yet been adopted. (12) Clerk of the Commission Sullivan submitted the following. (1) Attended the semi- annual meeting of the Montana Municipal Clerks, Treasurers and Finance Officers Association in 10-12-93 - --. ---- .-.---..-- . . . , - 7 - Great Falls on Wednesday, at which time she completed her term as Immediate Past President on the Executive Board. (2) Attended the mid-year board meeting of the International Institute of Municipal Clerks in New York City on Friday through Sunday. (3) Reviewed the agenda for the upcoming Commission meeting, noting it is a lengthy one, including seven public hearings. . ( 131 Mayor Pro Tempore Vincent submitted the following. (11 Attended his first Montana League of Cities and Towns Conference as a City Commissioner. He noted his interest in the sessions on changes in legislation, particularly the subdivision regulations. He stated that after that discussion, he feels the subdivision review process can work well, allowing the Commission to factor in those items which it feels are important; and the new legislation does not seem to diminish public input. (2) Noted he continues to be impressed by the library staff and how they accommodate young children. (3) Stated he went to the balloon glow; and was impressed by the sight. Adjournment - 4:20 c.m. There being no further business to come before the Commission at this time, it was moved .y Commissioner Knapp, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Pro Tempore Vincent; those voting No, none. J ATTEST: ~J~ ROBIN L. SULLIVAN Clerk of the Commission . 10-12-93 .__.._.__.."'.----~- -----.----... ..---- -