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HomeMy WebLinkAboutMINUTES-05/02/1989-Regulart May 2, 1989 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, May 2, 1989, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Staff Members Present: Burkett, Krajicek, Roy Citizen Participation A. Proclamation naming May 4 as National Nurses Day 1989 was accepted by Miriam Nielson, on behalf of the nurses in Fort Collins. B. Proclamation naming May 6 as Teddy Bear Fair Day to Benefit the United Day Care Center was accepted by Kay Mutti, representing the United Day Care Center. ' C. Proclamation naming May 9 as National Teacher Day was accepted by Judy Dunn, on behalf of Poudre R-1 teachers. D. Proclamation naming May 12-21 as Preservation Week was accepted by Bud Frick, vice-president of the Landmark Preservation Commission. E. Proclamation naming May as Multiple Sclerosis Month was accepted by Prue Caley, president of the Fort Collins Chapter of the Multiple Sclerosis Society. F. Proclamation naming May as Older Coloradoans Month was accepted on behalf of the seniors of Fort Collins by Joe Campanella, Chairman of the Senior Advisory Board. G. JCr VI tlD iur uunalIun ui nanuicagoeg L1TL aL tvic inerapy vooi was accepted by Mike Powers, who thanked Nancy Jackson of Disabled Resource Services and Jim Condon of Woodward Governor for the gift. H. Presentation commemorating Ansel Adams Exhibit at the Museum was noted by Brian Moroney, Fort Collins Museum Director. Mr. Moroney presented Ansel Adams prints and invited the public to attend the exhibit at the museum. -260- May 2, 1989 Joe Stern, 1221 LaPorte Avenue, requested a gun control ordinance and read a statement supporting gun control. Wayne Baltz, 829 Gallup Road, expressed concern regarding pesticide use in the community and requested the subject be addressed on a community -wide scale including protection for high health risk individuals. Bruce Lockhart, 2500 East Harmony Road, spoke against gun control. Kevin Duffy, asked for regulations on pesticides to protect the chemically sensitive person. Agenda Review: City Manager City Manager Burkett stated that the only change to the Agenda was the deletion of section 2 from Item #13, Hearing and First Reading of Ordinance No. 85, 1989, Authorizing Lease/Purchase of Copy Machine. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this I calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #17, Pulled Consent Items. 5 0 7. Consider approval of the minutes of the regular meeting of April 18 The City of Fort Collins has been awarded a grant from the Ford Foundation in the amount of $100,000 for advancing the goals and objectives of the Land Development Guidance System. The activities that will be pursued are designed to improve the performance of the LDGS and support the mission of providing personalized, quality community services to the citizens of Fort Collins. This ordinance, which was unanimously adopted on First Reading on April 18, appropriates $100,000 in grant funds for expenditure in the Planning Department's Budget. On April 18, 1989, Council unanimously adopted the following: -261- May 2, 1989 a. Resolution 89-85 Authorizing the Purchasing Agent to Enter into an Agreement with Moore Governmental Services, Inc. as a Case Not Requiring Bid for Professional Services for Financial and Payroll/Personnel Systems Resolution 89-86 Authorizing the Purchasing Agent to Purchase as a Case Not Requiring Bid for Hardware and Systems Software from Digital Equipment Corporation (DEC). c. Ordinance No. 76, 1989 for the Lease/Purchase of Computer Equipment and Software for a new City-wide Financial and Payroll/Personnel System (on First Reading). Items Related to the Fort Collins Substation Annexation and Zoning. A. Resolution 89-96 Setting Forth Findings of Fact and Determinations Regarding the Fort Collins Substation Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 77, 1989, Annexing Approximately 5.47 Acres, Known as the Fort Collins Substation Annexation. C. Hearing and First Reading of Ordinance No. 78, 1989, Zoning Approximately 5.47 Acres, Known as the Fort Collins Substation Annexation, Into the R-F, Foothills Residential, Zoning District. This is a request to annex and zone approximately 5.47 acres located west of Overland Trail and south of West Mulberry Street (extended). The requested zoning is the R-F, Foothills Residential District. The property is presently developed as an electric utility substation for the City of Fort Collins Light & Power Department. The property is currently zoned FA-1, Farming in the County. This is a voluntary annexation. APPLICANT: City of Fort Collins OWNER: Same Items Related to the Harmony Annexation No. 6 Annexation and Zoning. A. Resolution 89-97 Setting Forth Findings of Fact and Determinations Regarding the Harmony Annexation No. 6 Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 79, 1989, Annexing Approximately 80.79 Acres, Known as the Harmony Annexation No. 6. C. Hearing and First Reading of Ordinance No. 80, 1989, Zoning Approximately 80.79 Acres, Known as the Harmony Annexation No. 6, Into 6.33 acres of I-L, Limited Industrial District with a PUD condition; and 74.47 acres of T-Transition District. This south I is a of request Harmony to annex Road and zone approximately 80.79 acres located and west of Timberline Road. The requested 262- May 2, 1989 10 11 zonings are: (1) 6.33 acres (D. L. & G. property) of I-L, Limited Industrial District with a PUD condition; and (2) 74.47 acres (Franz property) of T-Transition District. This is the annexation of an enclave area. About 6.33 acres (D. L. & G. ownership) of the property is presently developed as a warehouse. The remaining 74.47 acres (Franz ownership) are undeveloped. Existing commercial signs located on the property will have to conform to the City's Sign Code at the conclusion of a five year amortization period. APPLICANT: City of Fort Collins OWNERS: D. L. & G. Partnership 1409 Longs Peak Fort Collins, CO 80521 Pauline L. Franz % Colorado National Bank Bank of Denver P.O. Box 5168 Denver, CO 80217 Items Related to the Harmony Half Acres Annexation Resolution 89-98 Setting Forth Findings of Fact and Determinations Regarding the Harmony Half Acres Annexation. Hearing and First Reading of Ordinance No. 81, 1989, Annexing Approximately 30.69 Acres, Known as the Harmony Half Acres Annexation. This is a request to annex and zone approximately 30.69 acres located north of Harmony Road and west of Timberline Road. The requested zonings are: (1) 30.35 acres of R-E, Estate Residential District; and (2) .34 acres of C, Commercial District with a PUD condition. The first reading of the ordinance zoning this annexation will be heard at the May 16, 1989 Council meeting. This is the annexation of an enclave area. The property is presently developed residential with about 30 dwelling units and two small businesses. Existing commercial signs located on the property will have to conform to the City's Sign Code at the conclusion of a five year amortization period. APPLICANT: City of Fort Collins OWNERS: See list. Items Relating to Milne Annexation and Zoning_ A. Resolution 89-99 Setting Forth Findings of Fact and Determinations Regarding the Milne Annexation. Hearing and First Reading of Ordinance No. 82, 1989, Annexing Approximately 46 Acres Known as Milne Annexation. Hearing and First Reading of Ordinance No. 83, 1989, Zoning Approximately 46 Acres Known as Milne Annexation, into the R-C, River Corridor District. -263- May 2, 1989 12. 13. 14. 15. This is a request to annex and zone approximately 46 acres, located north of Prospect, 1/2 mile east of Timberline Road. The requested zoning is the R-C, River Corridor District. APPLICANT: City of Fort Collins OWNER: Same The proposed ordinance will increase the cash rate charged developers for satisfaction of raw water requirements from $800 to $900 per acre foot. The cash rate is adjusted periodically to reflect the current price of raw water. A 1090 Xerox machine, currently under a rental agreement, has been utilized for the past 3 1/2 years in the copying center of City Hall West 2nd floor. Due to the volume of copies reproduced on this machine and excessive wear, it must be replaced. This Ordinance will amend the creation and assessment ordinances of the Heart Special Improvement District No. 84 to include approximately 12 acres into the district. The subject property is a portion of the Pavilion shopping center on South College Avenue at Troutman Parkway. Currently, only a portion of the shopping center is in the special improvement district. This boundary change will include the entire shopping center in the district. In July of 1986, Council established the Arbor Plaza Special Improvement District No. 88. This SID is located on the west side of College Avenue at Harmony Road. This district was created to finance the public improvements for the Arbor Plaza Shopping Center, P.U.D. The City is now prepared to begin the closeout of this district. In accordance with Chapter 22 of the City Code, preparation of a statement of cost, preliminary assessment roll, and a notice to be sent to property owners have been completed. This resolution will order the City Clerk to have written notices ' published and to send individual notices of assessment to each property owner in the district. This will notify the owner of the -264- May 2, 1989 total cost of the District, the portion to be paid by the City, and I the June 20 hearing date on the assessing ordinance. 16. Routine Deeds and Easements a. Powerline Easement from John W. Gaylord and Joanne M. Gaylord, 211 East Lake Street, to underground existing overhead electric services. Consideration: $10 b. Powerline Easement from Edwin J. Hilgenberg and Freda A. Hilgenberg, 213 East Lake Street, to underground existing overhead electric services. Consideration: $10 c. Powerline Easement from William W. Reynolds, 209 Jefferson Street, to underground existing overhead electric services. Consideration: $10 d. Powerline Easement from Timothy H. Cupps, 507 North Loomis, to underground existing overhead electric services. Consideration: $10 e. Right-of-way dedication from South Taft Hill Investments, Ltd, needed for the Taft Hill-Horsetooth Intersection Project. Consideration: $10 Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #6. Item #7. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #8. B. C. Item #9. B. rX -265- May 2, 1989 C. Item #10. B. Item #11. B. C. Item #12. Item #13. Item #14. Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 86, 1989, Appropriating Unanticipated Revenue in the Sales & Use Tax Fund and Authorizing the Transfer of propriated_Amounts to the Capital Projects Following is staff's memorandum on this item: "FINANCIAL IMPACT With the approval of the 114 Cent Sales & Use tax for street maintenance at the March 7 election, unanticipated revenue in the amount of $833,449 071 be available in 1989. -266- May 2, 1989 EXECUTIVE SUMMARY I At the March 7 election, voters approved a 114 cent sales & use tax dedicated to street maintenance. The tax will become effective July 1, 1989 and will provide $833,449 in unanticipated revenue during 1989. This ordinance appropriates the unanticipated revenue and transfers the funds to the Capital Projects and Transportation Funds to be used for the 1989 Street Overlay and Sealcoat Project and for routine street maintenance during 1989. Appropriating and expending these funds in 1989 will allow for 5 miles of additional streets to be maintained immediately. BACKGROUND Voters approved a 114 cent sales & use tax dedicated to street maintenance at the March 7 election. This tax replaces a 114 cent sales & use tax for Necessary Capital Projects which expires on June 30, 1989. The new tax will become effective on July 1, 1989 and will expire on December 31, 1997. The new tax will provide $833,449 in unanticipated revenue for the Sales & Use Tax Fund during 1989. In order to expend this revenue for street maintenance during 1989, the revenue must be appropriated and transferred to the Capital Projects and Transportation Funds. Staff recommends the following distribution of the revenue: Ninety-two percent (92%) to be transferred to the Capital Projects Fund to be used for , the 1989 Street Overlay and Sealcoat Project; and Eight percent (8%) to be transferred to the Transportation Fund to supplement routine maintenance efforts by the Streets Division. (This follows the distribution ratio used in the past.) Transfer to 1989 Street Overlay and Sealcoat Project $ 776,733 Transfer to Transportation Fund 66,676 TOTAL $ 833,449 The $776,733 transferred to the 1989 Street Overlay and Sealcoat Project will be used to repair and overlay additional streets this summer and fall. Staff has already identified approximately 15.1 miles of streets to be resurfaced within the original budget of $1,513,000. The funds transferred to Overlays and Sealcoats will be used to expand the project and resurface another 5.0 miles of streets. The $66,676 transferred to the Transportation Fund will be used by the Streets Division to provide increased routine street maintenance, primarily for street patching. A report on the status of the 1989 Street Overlay and Sealcoat project has been sent under separate cover. The report explains the process for selecting streets for overlays, and provides a list of streets and a map which identifies the streets to receive surface improvements in the overlay ' construction program this summer and fall. This list will be finalized once actual quantities are determined and bids received. Property owners -267- May 2, 1989 or renters living on the streets to be improved will be informed through hand -delivered notices. The public will be notified through the media." Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 86, 1989 on First Reading. Engineering Manager Marc Engemoen described the process for prioritizing city streets to receive repair and overlay and outlined the public notification process. The vote on Councilmember Edwards' motion to adopt Ordinance No. 86, 1989 on Second Reading was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Appeal of the Final Decision of the Planning and Zoning Board on March 27, 1989, Denying the Woodlands 4th Filing PUD, Preliminary Plan, Planning and Zoning Board Decision Upheld Following is staff's memorandum on this item: "EXECUTIVE SUMMARY ' On March 27, 1989 the Planning and Zoning Board denied the Woodlands 4th Filing PUD, Preliminary Plan finding that the plan failed to meet criteria #2 and k3 of the All Development Chart of the Land Development Guidance System, which relate to compatibility and mitigation of land use impacts. On April 10, 1989, an appeal of that final decision was made for the appellant, Rock Creek Partnership a/k/a Rock Creek Ranch Partnership, by Scott L. Carlson. BACKGROUND DESCRIPTION OF PROJECT The Woodlands 4th Filing PUD, is a preliminary plan consisting of a 66,000 square foot neighborhood convenience shopping center. The site is approximately 8.8 acres and is located at the northeast corner of Harmony Road and Shields Street. Zoning for the site is R-L-P, Low Density Planned Residential. A request similar to the item now being appealed was denied at the December 19, 1988 Planning and Zoning Board meeting on a 3-3 vote for a motion to approve the proposed project. At that time, the Board expressed concerns about traffic, hours of operation and intensity of the project. The ' applicant submitted an appeal of the Board's final decision, but later withdrew the appeal prior to any consideration by Council. Im May 2, 1989 The proposed preliminary plan was evaluated against the "Neighborhood ' Convenience Shopping Center" Point Chart and the "All Development Criteria" Chart of the Land Development Guidance System. The project scored 78Y on the "Neighborhood Convenience Shopping Center" Chart (which requires a minimum of 65Y). The proposed preliminary plan included several changes, in response to concerns expressed by the Planning and Zoning Board at the December 19, 1988 denial of the initial preliminary plan. These changes included deletion of a service drive along the back of the largest commercial building; deletion of a proposed restaurant and substitution of commercial uses in its place; reduction of 2,000 square feet in total gross floor area; and the use of sloped roofs, to increase the level of residential character for the proposed structures. Staff found the proposed project met the applicable "All Development" absolute criteria of the Land Development Guidance System and was consistent with the Neighborhood Convenience Shopping Center Design Guidelines. On this basis, staff recommended approval of the Woodlands 4th Filing PUD, Preliminary Plan with conditions. These conditions were as follows: I. Documents detailing the installation of secondary containment, electronic leak detection for underground storage tanks and stage one vapor recovery be submitted to the Poudre Fire Authority for review and approval prior to review of the final PUD plan. ' 2. The phasing of improvements to Shields Street and Harmony Road and the extent of the developer's participation in these improvements be determined prior to review of the final PUD plan. 3. The convenience store and gasoline pump hours of operation will be limited to the hours between 6:00 A.M. and 11:00 P.M. 4. The final site plan demonstrate reduced signage that would be more in character with the existing residential character of the area. The Planning and Zoning Board denied the Woodlands 4th Filing, PUD Preliminary Plan on a 5-1 vote at the March 27, 1989 Board meeting. In denying the plan, the Planning and Zoning Board expressed concerns regarding the bulk and intensity of the proposed development, with respect to the adjacent single family homes to the north. Thus, the Board found that the proposed project was not in conformance with absolute criteria #2 and #3 of the "All Development Criteria Chart" of the Land Development Guidance System. The criteria used by the Board as the basis for it's denial are as follows: #2 "Is the development compatible with and sensitive to the immediate environment of the site and neighborhood relative to architectural design, scale, bulk and building height, identity and I historical character, disposition and orientation of buildings on the lot, and visual integrity?" 269- May 2, 1989 1 #3 "Have the conflicts that are presumed to exist between the proposed development and the surrounding land uses, as examined in "Administrative Guidelines" pertaining to "Land Use Conflicts," been effectively mitigated in the planned unit development?" The "Land Use Conflicts" section of the "Administrative Guidelines" of the Land Development Guidance System illustrates the types of conflicts that are likely to exist between various land uses. In the case of introducing a commercial development into a low density residential area, the conflicts that may exist include noise, odor, light, shadow, aesthetics, privacy, access and safety. These conflicts may be mitigated through the use of open space setbacks, landscaping and topographic changes, orientation, barriers and alleviation, architectural compatibility and/or circulation. The Board's decision on the Woodlands 4th PUD Preliminary Plan was that the proposed plan did not adequately mitigate the land use conflicts. THE APPEAL The appellant has filed the appeal on the following grounds: 1. The decision of the Planning Commission was arbitrarily imposed without the support of competent evidence in the record and without the proper evaluation of the full data available; ' 2. The City of Fort Collins recently adopted a Neighborhood Convenience Center classification and guidelines to the LDGS. This project scored well on the point chart (78 points). The LDGS seems to have been disregarded in the making of this decision, and therefore it is our contention that the Board failed to properly apply and interpret relevant provisions of the Code and Charter; 3. The Board failed to conduct a fair hearing in that: a. The Board or Commission exceeded its authority or jurisdiction as contained in the Code and Charter. b. The Board or Commission substantially ignored its previously established rules of procedure. These grounds of appeal are valid as set forth in Section 2-48 of the Code. SCOPE OF COUNCIL CONSIDERATION OF APPEALED PRELIMINARY The issues that the Council must resolve in this appeal are three -fold: 1. Did the Board abuse its discretion, in that its decision was arbitrary and without the support of competent evidence on the record? ' 2. Did the Board fail to properly interpret and apply relevant provisions of the Code and Charter? -270- May 2, 1989 3. Did the Board fail to conduct a fair hearing in that it exceeded its authority or jurisdiction as contained in the Code and Charter; or substantially ignored its previously established rules of procedure? SUMMARY CHRONOLOGY September 13, 1988 Neighborhood meeting held October 25, 1988 Neighborhood meeting held December 19, 1988 Planning and Zoning Board denial of first plan January 4, 1989 Planning and Zoning Board denied applicant's request for reconsideration January 31, 1989 Neighborhood meeting held March 27, 1989 Planning and Zoning Board denial of second plan April 10, 1989 Appeal submitted" Councilmember Edwards withdrew from discussion and vote on this item due to a perceived conflict of interest. City Attorney Roy reviewed the appeal hearing procedures that are outlined in the City Code. Councilmember Kirkpatrick made a motion, seconded by Councilmember Azari, that the stated grounds for the appeal are sufficient and that the appeal should be heard. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, Winokur. Nays: None. THE MOTION CARRIED. City Planner Sherry Albertson -Clark gave a brief presentation and reviewed the project for Council. Scott Carlson, 11990 Grant #200, Northglenn, appellant, managing partner of Rock Creek Partnership, outlined the history of the project. Ben Herman, EDAW, covered the design modifications, addressed the identified impacts, and outlined the compatibility land use issues. The following people spoke against the appeal: Joan Seeman, 613 Larkbunting Drive, President of Woodlands Neighborhood Association, detailed the neighborhood concerns. John Cooney, 4454 Hollyhock, member of Woodlands Neighborhood Association, reviewed the decision by the Planning and Zoning Board. -271- May 2, 1989 ' Rene Clements -Cooney, 4454 Hollyhock, member of Woodlands Neighborhood Association, commented on the scoring method that was used for neighborhood convenience centers. Cliff Seigneur, 1001 Bitterbrush Lane, asked that Council honor the decision of the Planning and Zoning Board. Roger Erickson, 4437 Rose Crown Court, expressed concern regarding the danger of hazardous gasoline spills on the proposed site. Rex Aden, 4473 Hollyhock, expressed concern regarding the lack of sound buffering. Councilmember Horak made a motion, seconded by Councilmember Azari, to uphold the decision of the Planning and Zoning Board to deny the Woodlands 4th Filing PUD, Preliminary Plan. Councilmember Horak commented on the reasons behind the appeal and stated he believed the Planning and Zoning Board properly considered the evidence and was correct in its decision to deny the Woodland's 4th Filing. Councilmember Kirkpatrick noted her support for the motion to uphold the Planning and Zoning Board's decision. ' Councilmember Mabry noted the opposition to the project from the residents in the Woodlands neighborhood and commented on the incompatibility of the project. He stated he would be voting against the motion. Councilmember Azari stated she had driven through the area to familiarize herself with the surroundings and noted her support for the motion. She noted the flexibility of the Land Development Guidance System and its ability to incorporate mixed uses of the property. Councilmember Horak commented on the Land Development Guidance System and the use of buffering along with the compatibility issue. Councilmember Maxey expressed concern regarding the incompatibility issue of the property. Mayor Winokur commented on the hazardous materials issue with respect to the property and stated he found no evidence to support the idea that the decision of the Planning and Zoning Board was arbitrarily imposed or that the Board failed to conduct a fair hearing. The vote on Councilmember Horak's motion to uphold the Planning and Zoning Board's decision to deny the Woodlands 4th Filing PUD, Preliminary Plan was as follows: Yeas: Councilmembers Azari, Horak, Kirkpatrick, Maxey, and Winokur. Nays: Councilmember Mabry. (Councilmember Edwards withdrawn) ' THE MOTION CARRIED. -272- May 2, 1989 Resolution 89-101 Making Appointments to the Planning and Zoning Board. Adopted as Amended Following is staff's memorandum on this item: "EXECUTIVE SUMMARY Vacancies currently exist on the Planning and Zoning Board due to the resignation of Frank Groznik and the election of Dave Edwards to the City Council. Councilmembers Horak and Edwards conducted interviews on April 24, and are recommending the following individuals for appointment to the Board: Name Expiration of Term Rex Burns July 1, 1991 Bernhard Strom July 1, 1992" Councilmember Horak made a motion, seconded by Councilmember Edwards, to adopt Resolution 89-101 as amended inserting the name of Bernhard Strom as an alternate. Councilmember Maxey noted that Bernhard Strom did not presently reside within the Urban Growth Area and was not eligible for appointment to the Board. He suggested appointing Joe Carroll to the alternate position and delaying the appointment of Mr. Strom until he resides within the Urban Growth Area. Councilmembers Horak and Edwards accepted Councilmember Maxey's suggestion as a friendly amendment to their previous motion. Councilmember Horak noted the high quality of the applicants for the Planning and Zoning Board. The vote on Councilmember Horak's motion to adopt Resolution 89-101 as amended was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Other Business Councilmember Kirkpatrick noted that the Health and Safety Committee will meet on May 12 to discuss the way the Committee makes recommendations to the full Council and encouraged members of Council to participate in the ride -along program to get a first hand view of the cruising problem. Councilmember Horak inquired about the POW/MIA flag flying issue. -273- May 2, 1989 Councilmember Horak made a motion, seconded by Councilmember Azari, to continue flying the POW/MIA flag indefinitely. Councilmember Edwards commented on the issue of flying flags unrelated to the United States flag or the Colorado flag. Councilmember Maxey stated he agreed with Councilmember Edwards' comments and expressed his discomfort with flying the POW/MIA flag for an indefinite time period. Councilmember Azari stated she believed that the City needs to recognize the people who are still being held captive by flying the POW/MIA flag on their behalf. The vote on Councilmember Horak's motion to continue to fly the POW/MIA flag indefinitely was as follows: Yeas: Councilmembers Azari, Horak, and Winokur. Nays: Councilmembers Edwards, Kirkpatrick, Mabry, and Maxey. THE MOTION FAILED. Councilmember Horak commented on the pesticide issue and requested information regarding pesticide use on City -owned property. Councilmember Azari suggested that Council look at the Boulder pesticide ' ordinance and indicated the need for Natural Resources to provide Council with additional pesticide information. Councilmember Horak commented on the date of May 17 for goal finalization and asked when the goals would be implemented and requested information regarding the implementation of the air quality task force. Adjournment Councilmember Maxey made a motion, seconded by Councilmember Horak, to adjourn the meeting. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. The meeting adjourned at 9:25 p.m. 1 Mayor TTESTT- ' City Clerk 274-