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HomeMy WebLinkAbout05-20-2013 Minutes, City Commission Bo2�� V 9x �< co.No MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 20, 2013 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, May 20, 2013. Present were Mayor Sean Becker, Commissioner Cyndy Andrus, Commissioner Jeff Krauss, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, City Attorney Greg Sullivan and Deputy City Clerk Aimee Brunckhorst. 0,00:02 A. Call to Order- 6 p.m. - Commission Room, City Hall, 121 North Rouse 0:00:49 B. Pledge of Allegiance and a Moment of Silence 0:00:51 C. Changes to the Agenda City Manager Chris Kukulski announced there was one addition to the agenda, a public service announcement from Facilities Superintendent James Goehrung regarding ADA accessibility. 0:01:10 D. Public Service Announcements 0:01:13 1. Serving on a Citizen Advisory Board or Committee (Brunckhorst) Deputy City Clerk Aimee Brunckhorst provided a brief announcement regarding the opportunity for community members to volunteer for an advisory board. She explained how information on the boards and the application can be found online at www.bozeman.net. 0:02:36 2. There will not be a City Commission Meeting and City Offices will be Closed on Monday, May 27th in Observance of Memorial Day (Brunckhorst) 0:02:38 3. Americans with Disabilities Act Transition Plan James Goehrung, Facilities Superintendent and ADA Coordinator provided the Commission with an overview of upcoming activities related to the cities Americans with Disability Act Transition Plan. 0:07:56 E. Consent 1. Authorize City Manager to sign an Irrevocable Offer of Dedication for the Sundance Apartments (Murray) 2. Authorize Payment of Accounts Payable Claims (LaMeres) 3. Authorize City Manager to sign a License for Land Use with Gallatin Valley Land Trust and Bozeman Deaconess Hospital for non-motorized Page 1 of 13 Bozeman City Commission Minutes, May 20, 2013 trails on Hospital Land (Overton) 4. Approve the Final Plat for Amended Plat of Lot 7A, Block 10 of the Meadow Creek Subdivision, Phase 1 to subdivide 4 acres and authorize the Director of Public Works to execute the same on behalf of the City for Application P-13008 (Skelton) 0:08:12 Public comment on consent. Mayor Becker opened public comment on consent. No person commented. Mayor Becker closed public comment. 0:08:18 Motion and Vote to approve Consent items E. 1-4 as submitted. It was moved by Cr. Mehl, seconded by Cr. Andrus to approve Consent items E. 1-4 as submitted. Those voting Ave being Crs. Mehl, Andrus, Taylor, Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 0:08:56 F. Public Comment Mayor Becker opened general public comment. 0:09:06 Lindsay Murdock, Public Comment Ms. Murdock, president of the Associated Students of Montana State University introduced their new Local Government Liaison, Aubrey Wall. 0:09:21 Aubrey Wall, Public Comment Ms. Wall said she is the new ASMSU Local Government Liaison for the 2013-2014 school year. She is excited to help with community/ student integration and attending the joint Commission/ASMSU meeting in the fall. 0:09:56 George Morales,Public Comment Mr. Morales spoke regarding owning a condo in the alley way between Willson and Tracy. He spoke regarding a private parking lot in that alley being blocked off by the utility company for a week for construction and would ask that the city provide an option to the owners of a private parking lot. 0:12:12 Louise Favor, Public Comment Ms. Favor said she finds it very hurtful that there is so much construction going on in Bozeman. She said her main concern is the water and the Yellowstone is a trickle compared with 20 years ago. She thought there was a rule that high rises could not be built in Bozeman. She would hate to see anything taller than the Baxter here in Bozeman. Instead of building new buildings she would rather see some of the vacant buildings being used. 0:14:07 G. Action Items Page 2 of 13 Bozeman City Commission Minutes, May 20, 2013 0:14:07 1. Armory (Etha) Hotel Conditional Use Permit and Certificate of Appropriateness with Deviations at 24 West Mendenhall Street,Application Z-13064 (Quasi-Judicial) (Krueger) 0:14:08 Ethics Disclosure Mayor Becker provided a disclosure regarding this action item. He said Cory Lawrence; owner on this project had contacted his employer, Montana Community Development Corporation about working together. Mayor Becker explained that nothing has occurred to date and it is a program he has no authority over or access to it, and the program is located in another city. Mayor Becker requested an opinion from the city attorney regarding his participation in this hearing and because there is no gain (perceived or actual) Mayor Becker's participation is not prohibited. 0:15:29 Brian Krueger, Community Development Department Mr. Krueger provided the staff report on this item. 0:35:07 The Commission began questions for staff. 0:35:26 Greg Sullivan, City Attorney Mr. Sullivan spoke regarding the ability of the Parking Commission to consider a long term lease agreement with the Etha and the process that the Parking Commission has undertaken in this consideration. 0:37:43 Scott Lee, Parking Manager Mr. Lee spoke regarding the extensive work of the Parking Commission regarding parking issues on the Etha project application and other parking garage policies. 0:42:12 The Commission continued questions for staff. 0:45:23 Cr. Mehl Cr. Mehl asked about staff condition 7 regarding the color palette on page 4 of the staff report. 0:53:35 Chris Kukulski, City Manager Mr. Kukulski explained that representatives from Northwestern Energy were in attendance in case the Commission wanted to ask any questions of them. 0:54:27 Cory Lawrence,Applicant Mr. Lawrence, one of the principals for this project began the applicant presentation on this item. He spoke regarding the efforts of many people working together to get this project where it is today. He explained the hotel is named after Etha Mayo Story as the land was dedicated in her and her husband's honor when the Armory was constructed. He spoke about the Etha as a unique Bozeman asset, providing details as to why. He spoke to the requested deviations explaining that the canopies are a safety issue and were drawn on the original historic drawings for the Armory though they were never built. The original light fixtures are the only thing not made of concrete left of the original Armory. The height of the building is necessary to make the project viable. He explained the plans for demolition. Page 3 of 13 Bozeman City Commission Minutes, May 20, 2013 1:02:12 Kyle Dormbereer, on behalf of the Applicant Mr. Dormberger of 211 North 1 Oth expanded further regarding the demolition. 1:03:27 The Commission began questions for the Applicant. 1:06:06 Laura Dornberger, on behalf of the Applicant Ms. Dornberger answered a question on behalf of the applicant. 1:07:11 Public Comment Mayor Becker opened this item up for public comment. 1:07:20 Tom LaTour, Public Comment Mr. LaTour, President of LaTour Hotels and Resorts said the applicants are putting together a very good team to pull this project off. Mr. LaTour said he spent 25 years, most recently with Kimpton Hotels and Restaurants,the leader in boutique hotels in America and the foremost developers of adaptive reuse projects. Mr. LaTour said this is a premiere example. He spoke to the great experience to be had in this hotel. He also spoke about the vision and courage required by this project. 1:08:37 Chris Naumann, Public Comment Mr. Naumann, Executive Director of the Downtown Bozeman Partnership spoke regarding the aspects within the Downtown Improvement plan that support a project of this type and in this location. Specifically, the plan calls for a downtown hotel, and the primary area of downtown that has need of dense infill is the Mendenhall corridor and that the Downtown Improvement Plan calls for capitalizing on Bozeman as a regional hub. Currently there is not any hotel of this type in all of Bozeman. 1:10:16 Kathy Dassonville, Public Comment Ms. Dassonville spoke in opposition of the project saying that she lives downtown on Lamme and does not want her view blocked. She also spoke regarding parking concerns in front of her home. She asked whether hotel staff and guests would pay for parking in the garage because if they do, she would expect they would just park for free on Lamme instead. She also spoke in opposition of approving project proposals with deviations. 1:13:07 Susan Ewing, Public Comment Ms. Ewing spoke regarding how things change and that the town must adapt. She said the proposed hotel has to stay the size as proposed for economic vitality. While she is sympathetic to people that are opposed to growth, she feels this project is an opportunity to help change the community in a positive way. 1:14:35 Public Comment Closed Seeing no further public comment, Mayor Becker closed public comment. 1:14:45 Applicant Rebuttal Mr. Lawrence explained there is an 8 foot drop in elevation between Main Street and Mendenhall Street and the perspective drawings are very accurate. They will be utilizing the services of a valet and will be focused on ensuring that guests use the parking garage as intended. Page 4 of 13 Bozeman City Commission Minutes, May 20, 2013 1:16:36 Motion that having reviewed application materials, considered public comment, and all information presented, I hereby adopt the findings including presented in the staff report for application Z-13064 and move to approve the conditional use permit with conditions including new condition 21 and subject to all applicable code provisions. It was moved by Cr. Andrus, seconded by Cr. Taylor that having reviewed application materials, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-13064 and move to approve the conditional use permit with conditions including new condition 21 and subiect to all applicable code provisions. (Condition #21: Interior demolition as described in the application's May 20,2013 demolition narrative may be approved by the Building Division through a demolition permit prior to the building permit for the hotel). 1:17:12 Commission discussion on the motion. 1:37:01 Mayor Becker provided findings on the deviation requests on this application. Mayor Becker said he has reviewed the required criteria for the deviations and find that the front yard encroachments, building height and light meet the criteria and the parking conditions meet the letter and spirit of the law according to our requirements and the use of the parking structure. 1:37:48 Vote on the motion that having reviewed application materials, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-13064 and move to approve the conditional use permit with conditions including new condition 21 and subiect to all applicable code provisions. (Condition #21: Interior demolition as described in the application's May 20, 2013 demolition narrative may be approved by the Building Division through a demolition permit prior to the building permit for the hotel). Those voting Ave being Crs. Andrus, Taylor, Krauss, Mehl and Mayor Becker. Those voting No being none. The motion passed 5-0. 1:38:08 Break Mayor Becker called for a break. 2:01:11 Back from Break Mayor Becker called the meeting back to order at 8:06 p.m. 2:01:15 2. Appeal of an Administrative Approval of a Certificate of Appropriateness with Deviation at 815 South 7th Avenue, Application C-13002 (original application Z- 13021) (Saunders) 2:01:46 Mayor Becker explained the meeting procedure for this issue. 2:02:48 Chris Saunders, Community Development Department Mr. Saunders provided the staff presentation on this item. 2:09:33 The Commission began questions for staff. Page 5 of 13 Bozeman City Commission Minutes, May 20, 2013 2:10:11 Mr. Saunders continued the staff presentation. 2:15:54 The Mayor asked questions related to the appeal procedure. 2:18:00 Jim Timmer,Appellant Mr. Timmer of 811 South 6th Avenue spoke to the reasoning behind his appeal to this project saying the project does not meet the character of the neighborhood or the historic overlay. He mentioned specific areas within the staff report that he does not agree with. Mr. Timmer quoted portions of the Design Review Board minutes. He spoke regarding speaking with ten households surrounding the project all of which were opposed to the project. 2:29:06 Cr. Mehl asked questions of the appellant. 2:32:29 Gary Zimmer, Project Applicant Mr. Zimmer of 4405 White Eagle said his wife is the property owner for this project. Mr. Zimmer gave a brief history of the property and the applicants. He also spoke regarding the home not being salvageable due to the extreme uses and neglect of the last property owner. Mr. Zimmer said he hopes to see this property become once again a habitable and viable part of this unique and eclectic part of the city. 2:35:11 Brian Caldwell from ThinkTank Desi,-n Group on behalf of the Applicant Mr. Caldwell addressed the assertion that the architectural integrity of the neighborhood would be compromised by the proposal. Mr. Caldwell would argue just the opposite. They proposed a townhome versus a duplex to encourage and promote individual ownership instead of the apartment model of duplexes. He provided visual slides to show how similar the proposed project is to other homes in the neighborhood. He also said he spoke with one of the neighbors and was told that the solar access to the north was an issue as well as the architectural character. He is proposing a modification of the design to lower the northern townhome down four feet to diminish the effects of blocking the sun to the property to the north. He provided visual aids of a solar diagram. Mr. Caldwell spoke to the horrible condition that the existing home is currently in. 2:45:17 Cr. Andrus asked questions of the applicant. 2:45:26 Brian Caldwell Mr. Caldwell answered a question from Cr. Andrus. 2:47.31 Cr. Taylor continued questions for the applicant representative. 2:50:00 Mayor Becker continued questions for the applicant representative. 2:52:40 Deputy Mayor Krauss asked questions of staff. 2:53:29 Public Comment Mayor Becker opened public comment on this item. 2:53:44 Peter Keian, Public Comment Mr. Keian spoke saying he and his wife moved here several years ago from Jackson Hole, Wyoming and spoke regarding their backgrounds. He said the project does have merit but he Page 6 of 13 Bozeman City Commission Minutes, May 20, 2013 does not believe the project meets the spirit of the neighborhood character. He spoke regarding meeting with other people regarding this project. He feels it sets an undesirable precedent as there are no other townhomes in the area. He went into further details on his concerns. He spoke regarding the constraints of the conservation overlay district. 2:58:44 James Solter, Public Comment Mr. Solter said he lives in the house on the corner near the lot in question and said by granting a deviation you are taking away the neighbors yard privacy due to the volume of the project. He provided further details about his views. 3:00:08 Kelly Kirker, Public Comment Ms. Kirker of 811 South 7th said the proposed project is double the size of the original home with six bedrooms, six bathrooms. 3:01:56 Ann Willis, Public Comment Ms. Willis of South 6th spoke to the character and flair of the neighborhood and from a practical standpoint the owner occupied homes in the neighborhood take care of the properties surrounding them and would like the home to stay in the same footprint, owner occupied, with improvements to the property. She provided further details regarding her views on this application. 3:04:12 Nolan Campbell,Public Comment Mr. Campbell of 218 South Olive spoke regarding his background as a real estate agent. He spoke regarding a trend in rental occupancy in this area and said that townhomes are much easier to finance than a condominium on the secondary market making it easier for a first time homebuyer. This area is already surrounded by high density. He also spoke regarding the progressive home design. 3:06:06 Public Comment Closed Seeing no further public comment, Mayor Becker closed public comment. 3:06:25 Motion that having reviewed the appeal and original application materials, considered public comment, and all information presented, I hereby find that the action of the Director to approve application Z-13021 was correct, I incorporate the findings of the April 5, 2013 decision, and move to uphold the approval given on April 5,2013 for application Z-13021. It was moved by Cr. Taylor, seconded by Cr. Krauss that having reviewed the appeal and original application materials, considered public comment, and all information presented, I hereby find that the action of the Director to approve application Z-13021 was correct, I incorporate the findings of the April 5, 2013 decision, and move to uphold the approval given on April 5, 2013 for application Z-13021. 3:09:27 Commission discussion on the motion. 3:27:45 Motion to amend the motion to add a condition that subordinates the northern unit similar to alternative 2 which was proposed by the representative of the property owner Page 7 of 13 Bozeman City Commission Minutes, May 20, 2013 (reduced in height four feet as shown in alternative two in the shading diagram at the May 20,2013 public hearing). It was moved by Cr. Taylor seconded by Cr. Krauss to amend the main motion to add a condition that subordinates the northern unit similar to alternative 2 which was proposed by the representative of the property owner(reduced in height four feet as shown in alternative two in the shading diagram at the May 20, 2013 public hearing). 3:31:27 Discussion on the intent of the amendment to the main motion. 3:32:34 Vote on the amendment to the main motion to add a condition that subordinates the northern unit similar to alternative 2 which was proposed by the representative of the property owner (reduced in height four feet as shown in alternative two in the shading diagram at the May 20, 2013 public hearing). Those voting Ave being Crs. Taylor, Krauss, Mehl, Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 3:32:48 Vote on the main motion as amended that having reviewed the appeal and original application materials, considered public comment, and all information presented, I hereby find that the action of the Director to approve application Z-13021 was correct, I incorporate the findings of the April 5, 2013 decision, and move to uphold the approval given on April 5, 2013 for application Z-13021 with a condition that subordinates the northern unit similar to alternative 2 which was proposed by the representative of the property owner (reduced in height four feet as shown in alternative two in the shading diagram at the May 20, 2013 public hearing). Those voting Ave being Crs. Taylor, Krauss, Mehl, Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 3:33:49 3. Request to establish a Payback District by Covenant Investments LLC for infrastructure installed as part of the Loyal Garden Subdivision (Murray) 3:34:26 Bob Murray, Engineering Mr. Murray provided the staff presentation on this item. 3:54:58 Mayor Becker began questions for staff. 3:55:15 Mayor Becker suspended the Rules of Procedure to allow the meeting to extend until t0:30 p.m. 3:55:49 Cr. Mehl asked staff questions. 4:02:41 Cr. Taylor continued questions for staff. Page 8 of 13 Bozeman City Commission Minutes, May 20, 2013 4:05:29 Susan Swimley,Applicant Ms. Swimley representing Covenant Investment provided the applicant presentation. 4:10:38 Mayor Becker asked questions of the applicant representative. 4:11:40 Cr. Taylor asked questions of the applicant representative. 4:17:39 Public Comment Mayor Becker opened public comment on this item. 4:17:52 Al Azarawich,Public Comment Mr. Azarawich spoke saying he is one of the owners of the payback agreement, owning 40 acres to the southwest of the property. The 8" main is typical for any subdivision including any that he would put in. The proportional use on the main is invalid because Loyal Garden is using all of the lines that have been put in up to Loyal Garden and they are not paying on a payback agreement for that. He spoke further regarding his views on this payback request. 4:22:09 Dale Kountz,Public Comment Mr. Kountz, general partner in LLP Crescent Cross feels the payback is the same as an SID and should have been put in force right from the start and if approved should start six years ago on the twenty years. Mr. Kuntz gave them a 25 feet easement on the corner so they would not have to go into the intersection. Mr. Kuntz asked if he should go back and ask for a payback for that donation. He reiterated that the payback should have been established when they put in for their permits. 4:23:26 Kodv Kountz, Public Comment Mr. Kountz, a partner in Crescent Cross LLP asks that if a payback be put in place consideration be given to the fact that the 8" main was a requirement required by any subdivision. He also feels the payback should have been established six years ago when it was put in place and the payback should not be for another twenty years as six years of life has been lost. 4:24:43 Mayor Becker asked a question of Kody Kountz. 4:24:44 Kodv Kountz, Public Comment Mr. Kountz responded to Mayor Becker's question and then spoke regarding the density of the properties surrounding the area and the actual use that would be benefitted. He also spoke regarding water and sewer lines not likely crossing the irrigation canal on the south making the acreage figure wrong. The line should not extend over this canal. 4:26:11 Public comment closed. Seeing no further public comment, Mayor Becker closed public comment. 4:26:21 Cr. Mehl asked questions of staff. 4:26:48 Motion to adiourn the meeting. It was moved by Cr. Krauss to adiourn the meeting. The motion died for lack of a second. Page 9 of 13 Bozeman City Commission Minutes, May 20, 2013 4:27:29 Mayor Becker suspended the Rules of Procedure so that the meeting could be extended until 10:45 p.m. 4:27:41 Motion to establish a payback district as detailed by staff for the Loyal Garden lift station and force main in the amount of$2,455.08 per gross acre and bring back a revised agreement for execution by the City Manager subiect to all the items in the warranty list and performance on the parks, open space and trails to the city's satisfaction for the period of twenty years. It was moved by Cr. Krauss,seconded by Cr. Mehl to establish a payback district as detailed by staff for the Loyal Garden lift station and force main in the amount of$2,455.08 per gross acre and bring back a revised agreement for execution by the City Manager subject to all the items in the warranty list and performance on the parks, open space and trails to the city's satisfaction for the period of twenty years. 4:28:30 Commission discussion on the motion. 4:35:00 Vote on the motion to establish a payback district as detailed by staff for the Loyal Garden lift station and force main in the amount of$2,455.08 per gross acre and bring back a revised agreement for execution by the City Manager subject to all the items in the warranty list and performance on the parks, open space and trails to the city's satisfaction for the period of twenty years. Those voting Ave being Crs. Krauss, Mehl,Andrus, Taylor and Mayor Becker. Those voting No being none. The motion passed 5-0. 4:35:22 4. Provisional Adoption of Ordinance 1862, Amending Chapter 2, Article 6, Division 7 of the Bozeman Municipal Code to Provide for the Creation of Urban Renewal, Tax Increment Financing and other Districts as Authorized by Title 7, Chapter 15, Parts 42 and 43, of the Montana Code Annotated (Fontenot/Kukulski) 4:35:27 5. Provisional Adoption of Ordinance 1861, Amending Chapter 2, Article 5, Division 10 of the Bozeman Municipal Code providing authority for the City Commission to Create Advisory Boards by Resolution for Urban Renewal, Tax Increment Financing, and other Districts as Authorized by Title 7, Chapter 15, Parts 42 and 43, of the Montana Code Annotated (Fontenot/Kukulski) 4:35:33 6. Resolution No. 4439, Creating the South Bozeman Technology District Board (Fontenot/Kukulski) 4:36:07 Mayor Becker combined items 4, 5 and 6 into one item. 4:36:08 Greg Sullivan, City Attorney Mr. Sullivan provided a combined staff presentation on these three items. 4:37:28 Public Comment Mayor Becker opened public comment, seeing none, he closed public comment. Page 10 of 13 Bozeman City Commission Minutes, May 20, 2013 4:37:48 Motion to provisionally adopt Ordinance 1862, amending Chapter 2, Article 6, Division 7 of the Bozeman Municipal Code to provide for the Creation of Urban Renewal, Tax Increment Financing and other Districts as Authorized by Title 7, Chapter 15, Parts 42 and 43, of the Montana Code Annotated and to provisionally adopt Ordinance 1861, amending Chapter 2, Article 5, Division 10 of the Bozeman Municipal Code providing authority to Create Advisory Boards by Resolution for Urban Renewal, Tax Increment Financing and other Districts as Authorized by Title 7, Chapter 15, Parts 42 and 43, of the Montana Code Annotated and move to approve Resolution 4439, Creating the South Bozeman Technology District Board. It was moved by Cr. Mehl, seconded by Cr. Andrus to provisionally adopt Ordinance 1862, amending Chapter 2, Article 6, Division 7 of the Bozeman Municipal Code to provide for the Creation of Urban Renewal, Tax Increment Financing and other Districts as Authorized by Title 7, Chapter 15, Parts 42 and 43, of the Montana Code Annotated and to provisionally adopt Ordinance 1861, amending Chapter 2, Article 5, Division 10 of the Bozeman Municipal Code providing authority to Create Advisory Boards by Resolution for Urban Renewal, Tax Increment Financing and other Districts as Authorized by Title 7, Chapter 15, Parts 42 and 43, of the Montana Code Annotated and move to approve Resolution 4439, Creating the South Bozeman TechnoIoU District Board. 4:38:42 Vote on the motion to provisionally adopt Ordinance 1862, amending Chapter 2, Article 6,Division 7 of the Bozeman Municipal Code to provide for the Creation of Urban Renewal, Tax Increment Financing and other Districts as Authorized by Title 7, Chapter 15, Parts 42 and 43, of the Montana Code Annotated and to provisionally adopt Ordinance 1861, amending Chapter 2, Article 5, Division 10 of the Bozeman Municipal Code providing authority to Create Advisory Boards by Resolution for Urban Renewal, Tax Increment Financing and other Districts as Authorized by Title 7, Chapter 15, Parts 42 and 43, of the Montana Code Annotated and move to approve Resolution 4439, Creating the South Bozeman Technology District Board. Those voting Ave being Crs. Mehl, Andrus, Taylor, Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 4:39:02 Greg Sullivan, City Attorney Mr. Sullivan said the effective date of the Resolution has been timed to correspondent with the effective date of the Ordinances. 4:40:06 Mayor Becker suspended the Rules of Procedure to allow the meeting to extend another five minutes. 4:40:13 7. Request for Proposals to Purchase or Obtain by Gift the Story Mansion (Kukulski) 4:40:26 Public Comment Mayor Becker opened public comment, seeing none, he closed public comment. 4:40:27 Mayor Becker began discussion on this item. Page 11 of 13 Bozeman City Commission Minutes, May 20, 2013 4:41:01 Motion to authorize the City Manager to release the proposed request for proposals to purchase or obtain by gift the Story Mansion and associated property located at 811 South Willson Avenue with proposals to be received no later than 5 p.m. August 28, 2013. It was moved by Cr. Mehl, seconded by Cr. Andrus to authorize the City Manager to release the proposed request for proposals to purchase or obtain by gift the Story Mansion and associated property located at 811 South Willson Avenue with proposals to be received no later than 5 p.m. August 28, 2013. 4:41:25 Motion to amend the main motion to remove "obtain by gift" from the motion. It was moved by Cr. Krauss to amend the main motion to remove "obtain by gift" from the motion. The amendment died for lack of a second. 4:41:42 Commission discussion on the motion. 4:42:52 Vote on the motion to authorize the City Manager to release the proposed request for proposals to purchase or obtain by gift the Story Mansion and associated property located at 811 South Willson Avenue with proposals to be received no later than 5 p.m. August 28, 2013. Those voting Ave being Crs. Mehl, Andrus, Taylor and Mayor Becker. Those voting No being Cr. Krauss. The motion passed 4-1 with Cr. Krauss opposed. 4:43:31 H. FYI/Discussion 4:43:31 1. Turbidity Standard Temporarily Exceeded at Water Treatment Facility Craig Woolard,the Public Works Director reported that with the spring run-off and heavy rains over the last several days, an event occurred at the water treatment facility, exceeding the turbidity standard as set by the Department of Environmental Quality. They cautioned people on the website,though they do feel that the water is safe at this time. This was due to an overload of the current facility with the sediment coming from the watersheds. They are likely back in compliance now, but if not will be very shortly. 4:45:18 2. The US Department of Justice, Attorney General's Report regarding Sexual Assault in Missoula Cr. Krauss said that in light of the US Department of Justice, Attorney General's recent report in Missoula where there were 350 reports of sexual assault in four years he spoke with the Bozeman Police Department about getting a report for Bozeman and how we are handling similar reports. 4:46:34 3. The City Commission meeting will need to be moved to a different location for the September 17th meeting to allow for a city employee health screening event in the Commission room. (Brunckhorst) Page 12 of 13 Bozeman City Commission Minutes, May 20, 2013 4:47:14I. Adjournment Mayor Becker adjourned the meeting at 10:52 p.m. Y"- � 7,Z Sean A. Becker, Mayor ATTEST: R• Stacy C1}� I ty\:Gigk •� ; fv. ♦ t w • rarrn PREPARED BY: Aime Brunckhorst, Deputy City Clerk Approved on Page 13 of 13