Town-owned land and subdivisions central subject for Saratoga Town Council at latest meeting
Property development was the main topic of the September 5 meeting of the Saratoga Town Council as the governing body discussed Town-owned land and improvements of a subdivision.
Mayor Chuck Davis informed council members of the public about additional interest in property owned by the municipality, leading to a discussion about people “cherry-picking” lots in town limits. The council and members of the public also discussed progress—or lack thereof—in improvements for Octagon Estates Phase One.
Town Owned Land
In a previous council meeting, Davis had said he was approached by two individuals interested in purchasing lots along Myrtle Street which were part of an L-shaped parcel owned by the Town of Saratoga. A portion of this property had previously been the subject of an appraisal and a public hearing for a failed land-swap between the Town and Saratoga Hot Springs Resort.
“At that time, we said we’d look into what it would take to sell land. Emery (Penner, Director of Public Works) has done some research on that. We were also approached by another individual wanting to purchase some land on Pine Street, which would be south and east of where the ambulance barn sits,” said Davis. “They talked about purchasing a half block. I said ‘It can be subdivided’ and then they talked about purchasing a lot.”
Municipal governments, however, are directed by Wyoming State Statute on how to dispose of property. Indeed, under 15-1-112(a) it reads the sale of any property valued at over $500 must be advertised in a newspaper for three consecutive weeks calling for either a public auction or sealed bids.
“For us to move any of that property, there would be a process involved. We cannot just have someone approach us and make a deal with them to unload the property. There would be an RFP (request for proposal) process and then the person who has solicited the best deal for the Town would probably be the person who would be selected,” said Penner. “Then there’s the matter of public hearings or public input you guys would want to take before you unload that property. Honestly, I would recommend that.”
Randy Raymer, owner of R.G. Raymer Construction, and Chia Valdez, a local land realtor, both addressed the council regarding the town property. Raymer, along with citing historical precedence of town property being bought by individuals, said the interest in lots at Myrtle Street and Pine Street were likely due to location.
“It’s a way for our Town to raise some money, but it’s more about the location of the land than it is trying to pick up something inexpensive,” said Raymer. “There’s vacant land for sale all over town, so it’s not like there isn’t any land for sale for development.”
A search of the Wyoming Multi Listing Service (MLS) website generated a result with 10 lots on the market. Three were located at the Old Baldy Club, east of Saratoga and one was listed as being 16 miles north of Saratoga. Of the remaining six properties, one was located in Octagon Estates Phase One subdivision and another was located in the subdivision behind the Saratoga Hot Springs Resort.
Two of the properties on the Wyoming MLS website were listed as having utilities nearby or not in place, and would be the responsibility of the buyer. Under Saratoga Municipal Code, section 12.10.040, the extension of water and sewer lines—as well as mains—must be done at the expense of the property owner.
Following Raymer, Valdez claimed the individuals who had reached out to Davis were “cherry picking” properties in the area.
“When you’re talking about what’s happening with this, people are calling up and they’re cherry picking. They’re cherry picking whatever properties that are for sale and everybody would like to cherry pick,” said Valdez. “I think everyone has to have that same opportunity.”
Davis said he would rather hold onto the properties than place the Town of Saratoga in competition with realtors or individuals trying to sell land. He also said he didn’t believe the municipality was in such a dire financial situation they needed to consider selling property. Councilmember Jerry Fluty, meanwhile, said while he could see holding onto the property at Pine Street in the case of further expanding the ambulance barn for South Central Wyoming Emergency Medical Services. The property at Myrtle Street was of no real value to the Town, said Fluty.
“What’s the City going to do with them? Are they going to gain in value enough to sit on them and keep them? Are we going to gain anything out of it,” said Fluty. “There’s places where the City ought to keep the land, like up by the (high) school but there’s places where it’s only going to be housing. Why should we sit on that when we can put it to good use?”
A motion for Penner to determine the costs of selling the property and a projection of property value passed unanimously.
Octagon Estates
While Octagon Construction obtained approval of their preliminary plat for Phase Two of Octagon Estates from the planning commission, it seems there are still concerns surrounding phase one of the subdivision. Those concerns center around required improvements for the subdivision, specifically the paving of streets in a plat accepted by the Town of Saratoga.
“As you all know, the road is not paved up there. Legally, the Town has not had a real significant standpoint to push the timeline of those improvements. There was an agreed upon date months ago of August 17 of this year. That date has surpassed,” said Penner. “At that point in time, there was a bond in place for those improvements and we are looking into the options moving forward.”
Raymer asked both Penner and the town council why building permits were being issued for a subdivision that “wasn’t complete” and how the Town could issue certificates of occupancy. The plat for Octagon Estates Phase One was formally recorded on October 20, 2021. Davis also explained that, while there had been some issues around the water and sewer, the Town had accepted those as well.
“Our ordinances say if there’s assurances put up, we can issue a certain percentage of them,” said Penner. “It’s ill-advised, I would say, but I don’t think it’s anything that we absolutely cannot be doing.”
Under section 17.28.270 of the municipal code, the Town of Saratoga cannot issue building permits for the final 10 percent of lots in a subdivision “until all public improvements required by the planning commission for the plat have been fully completed and dedicated to the local government.” Additionally, section 17.28.240 discourages a certificate of occupancy prior to the completion of required improvements unless the zoning officer determines “there is no danger to health, safety or general welfare.”
Having passed the deadline of August 17 for the final public improvement, paved roads, Davis said the Town of Saratoga was consulting with legal counsel regarding their next steps. Penner told the council and the public a bond of $287,000 was provided to the municipality by Octagon Construction. Raymer claimed the bond would not be enough to pave the roads in Octagon Estates Phase One.
“You guys are the ones that are in control of that, you don’t have to approve their next subdivision,” said Raymer. “Maybe, going forward, there needs to be a bigger bond if they can’t follow through with what’s been stipulated and agreed to.”
The next meeting of the Saratoga Town Council will be at 6 p.m. on September 19 at Saratoga Town Hall.
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