Loading...
HomeMy WebLinkAboutMINUTES-03/01/2022-RegularMarch 1, 2022 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting — 6:00 PM • ROLL CALL PRESENT Pignataro Francis, Arndt, Canonico, Peel (6:20 PM), Ohlson (6.10 PM), Gutowsky STAFF DiMartino. Daggett, Hollingshead • AGENDA REVIEW: CITY MANAGER Interim City Manager DiMartino and language interpreters provided information on Spanish interpretation options for the meeting. The public participation video was played. Interim City Manager DiMartino stated Item No. 11, Resolution 2022-036 Expressing Support for Improved Medicare For All as a National Health Care System, has been clarified to express support for federal legislation and to remove references to state legislation. • PUBLIC COMMENT ON ANY TOPIC OR ITEMS Jack Hermanson thanked Council for its quick turnaround on considering Item No. 11, Resolution 2022-036 Expressing Support for Improved Medicare For All as a National Health Care System. Katherine Herr discussed the increase in criminal behavior since the installation of lockers at the Fort Collins Mennonite Fellowship. She stated it has been two years since former Councilmember Ross Cunniff requested a timeline of plans for the Library Park neighborhood and stated residents of the neighborhood now request, in writing, a strategic action plan for the neighborhood. Emily Gallichotte thanked Council for meeting with citizens regarding Item No. 11, Resolution 2022-036 Expressing Support for Improved Medicare For All as a National Health Care System and thanked staff for the quick turnaround in drafting the resolution. She expressed support for unhoused residents. Asher Holley discussed the increase in criminal behavior at his apartment building since the installation of lockers at the Fort Collins Mennonite Fellowship. He stated the church has not been willing to work with neighbors. He requested Council help the neighborhood figure out a practical, useful, and peaceful resolution to the issue. Elaine Branjord thanked Council for considering Item No. 11, Resolution 2022-036 Expressing Support for Improved Medicare For All as a National Health Care System, and expressed appreciation for Council's forward -thinking, leadership role. Rich Shannon thanked Council for considering Item No. 11, Resolution 2022-036 Expressing Support for Improved Medicare For All as a National Health Care System, and encouraged Council to view its passage as a beginning and not the end of its advocacy for meaningful change in healthcare financing. Laura Petrick spoke on behalf of a neighbor who lives across from the Fort Collins Mennonite Fellowship expressing concern about several safety issues on and near the church property. She City of Fort Collins Page i53 also stated homeless and vulnerable citizens deserve necessary resources; however, there are no resources available at the Mennonite Fellowship. Pam Refen noted Library Park does not have an HOA and there is a disconnect in the neighborhood. She stated residents from the neighborhood have not been invited to any of the Library Park Task Force meetings. She commented on the large number of times authorities have been called to the area and requested assistance in finding a solution to the problems. Glenn Blanc urged Council to lend support to the reemergent encampment that is scheduled over the summer solstice on the site of the former Hughes Stadium. • PUBLIC COMMENT FOLLOW-UP City Attorney Daggett noted Councilmember Ohlson arrived at approximately 6:10 PM and Councilmember Peel arrived at approximately 6:20 PM. Councilmember Gutowsky thanked the individuals who spoke in support of improved Medicare for all. She discussed the issues in the Library Park neighborhood and encouraged the City to invite residents to upcoming meetings. She also suggested the City could create a mailing list to communicate with the residents and suggested expanding the perimeter of the neighborhood to ensure more people are aware of meetings. Councilmember Ohlson requested staff provide information as to the next steps for solutions in the Library Park neighborhood. Interim City Manager DiMartino replied the staff team is looking at some short term improvements in terms of information sharing. Deputy City Manager Stannert stated staff is making new commitments to turn requests for data into SAR requests. He also stated there will be a separate time in meetings with service providers to specifically discuss Library Park. He stated the best next step will be providing information regarding issues over the past years and options for Council to consider as soon as possible. Councilmember Ohlson asked if the City will be working with the organizers of the event on the Hughes Stadium property in the summer. Interim City Manager DiMartino replied the City has been involved; however, the City will not likely own the property by then. She stated there is another conversation scheduled between the City's Equity Officer, Claudia Menendez, and the indigenous groups later in March. Councilmember Pignataro commended staff for quickly addressing ice issues around town and suggested incorporating ice removal in the adopt -a -neighbor program. Interim City Manager DiMartino replied she would discuss the suggestion with the Neighborhood Services office. Mayor Arndt thanked the speakers for their participation. RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS) MOVER: Emily Francis, District 6 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, to adopt and approve all items on the Consent Agenda. City of Fort Collins Page 154 1. Consideration and Approval of the Minutes of the January 18. 2022 Regular Meeting, the January 24. 2022 Adjourned Meeting and the February 15 Special and Regular Meetings. (Adopted) The purpose of this item is to approve the minutes of the January 18, 2022 Regular meeting, the January 24, 2022 Adjourned meeting and the February 15 Special and Regular meetings. 2. Second Reading of Ordinance No. 013, 2022, Appropriating Unanticipated Grant Revenue and Authorizing Transfers in the Transportation Services Fund for the Electric Micro -Mobility Pass and Education Series Pilot Program. (Adopted) This Ordinance, unanimously adopted on First Reading on February 15, 2022, appropriates unanticipated grant revenue received from the Colorado Department of Transportation ("CDOT") Travel Demand Management Seed Funding Grant Program and to authorize transfers in the Transportation Services Fund for the Electric Micro -Mobility Pass and Education Series Pilot Program (the "Program"). 3. Items Relating to the 2022 City Classified Employee Pay Plan as Provided in the Collective Bargaining Agreement with the Fraternal Order of Police. (Adopted) A. Second Reading of Ordinance No. 014, 2022, Adopting the 2022 Amended City Classified Employee Pay Plan to Update Classified Positions as Provided in the Collective Bargaining Agreement with the Fratemal Order of Police. B. Second Reading of Ordinance No. 015, 2022, Appropriating Prior Year Reserves in the General Fund for the Cost of Police Services Salary and Benefit Increases as Provided in the Collective Bargaining Agreement with the Fraternal Order of Police. This Ordinance, unanimously adopted on First Reading on February 15, 2022, adopts changes to the 2022 City Classified Employee Pay Plan based on an annual market analysis conducted as agreed upon through the 2022-2024 Collective Bargaining Agreement (the "Agreement") with the Northern Colorado Lodge #3 of the Fraternal Order of Police ("FOP"). The Agreement was approved by Council by Resolution on December 7, 2021. The Agreement specifies a salary data collection method and evaluation process that includes market data as of early January. This data has been collected and analyzed, resulting in the revised 2022 City Classified Employee Pay Plan. 4. Second Reading of Ordinance No. 016. 2022. Appropriating Philanthropic Revenue Received Through City Give for the Larimer County Veterans Memorial. (Adopted) This Ordinance, unanimously adopted on First Reading on February 15, 2022, accepts a charitable gift received from VFW Rocky Mountain Post 1781 for the upkeep and maintenance of the Larimer County Veterans Memorial located in Edora Park and honors Larimer County veterans killed in military service. 5. Second Reading of Ordinance No. 017. 2022. Appropriating Philanthropic Revenue Received Through City Give to Fund a Police Services Canine (K9) Unit. (Adopted) This Ordinance, unanimously adopted on First Reading on February 15, 2022, appropriates $10,000 in philanthropic revenue for Fort Collins Police Services received from the Howard G. Buffett Foundation for the purchase and training of a K9 as designated by the donor. The award of $10,000 from The Howard G. Buffett Foundation underwrites the purchase, related travel, and training of a K9. The philanthropic support adds a sixth canine unit to FCPS, and greatly furthers our commitment to public safety. City of Fort Collins Page 155 6. Second Reading of Ordinance No. 018. 2022, Amending the City of Fort Collins Land Use Code to Remove Enclosed Mini -Storage as an Allowed Use in the Portion of the General Commercial Zone District Within the Transit -Oriented Development Overlay Zone. (Adopted) This Ordinance, unanimously adopted on First Reading on February 15, 2022, adopts a Land Use Code amendment for the General Commercial Zone District permitted use list to delete the allowance of Enclosed Mini -Storage use in the area included in the Transit Oriented Development (TOD) Overlay. The proposed code change will resolve a zoning disconnect and act to strengthen the intent and purposes of the TOD district overlay that include land uses, densities, and design that enhance and support the MAX line and transit stations along the Mason Corridor. The proposed Land Use Code changes include an amendment to Article Three, Section 3.10.2 TOD Overlay standards, and Article Four, Section 4.21 General Commercial zone district use standards in the Land Use Code. As a follow up to this proposed LUC amendment, staff will develop new design standards for the Enclosed Mini -Storage use to be coordinated with Phase 2 of the Land Use Code Update in 2023-24. 7. Second Reading of Ordinance No. 019. 2022, Amending Article XIII. Chapter 12 of the Code of the City of Fort Collins. Regulating Disposable Baas and Mitigating Other Sources of Single Use Plastic Pollution. (Adopted) This Ordinance, unanimously adopted on First Reading on February 15, 2022, adopts amendments to Ordinance No. 026, 2021, which bans distribution of plastic bags and imposes a disposable bag fee on paper bags provided by large grocers, to (the "Disposable Bag Ordinance"). These amendments are intended to clarify and align certain provisions of the Disposable Bag Ordinance with the Plastic Pollution Reduction Act (C.R.S. Section 25-17-501 et seq.) subsequently adopted by the Colorado Legislature. The amendments included in this Ordinance will: • Maintain timeline for bag changes for large grocers (effective May 1, 2022); • Adopt the State's policy that charges a 10-cent fee per paper bag; • Adopt the State's policy that splits the paper bag fee revenue 60-40 (City -grocer); • Maintain the City's existing exemption for all income -qualified program recipients; • Allow further exemptions and exceptions to be developed and granted via administrative rule with notice to Council before such exemptions become effective; • Align definitions to the Skate's policy, either by adopting the exact wording or by aligning to the intent of the definition in cases where the policies are structured differently; and • Update and align other non -substantive elements of the local Ordinance. 8. First Reading of Ordinance No. 030, 2022, Appropriating Prior Year Reserves and Unanticipated Revenue from Philanthropic Donations Received by City Give for Various City Programs and Services as Designated by the Donors. (Adopted) The purpose of this item is to request an appropriation of $35,407 in philanthropic revenue received through the City Give program These miscellaneous gifts to various City departments support a variety of programs and services and are aligned with both the City's strategic priorities and the respective donors' designation. In 2019, City Give was launched as a formalized enterprise -wide initiative to create a transparent, governance structure within the City organization for the acceptance of charitable gifts. 9. First Reading of Ordinance No. 031, 2022. Makina Supplemental Appropriations of Grant Funds from the State of Colorado Child Care Operations Stabilization and Workforce Sustainability Grant Program. (Adopted) The purpose of this item is to accept grant funding from the State of Colorado provided through the American Rescue Plan. The Child Care Operations Stabilization and Workforce Sustainability grants program will fund childcare enhancements in City Childcare programs. City of Fort Collins Page 156 10. Items Relating to Intersection Improvements on U.S. Route 287 (College Avenue). (Adopted) A. Public Hearing and First Reading of Ordinance No. 033, 2022, Authorizing Transfers of Appropriations for Art in Public Places for Intersection Improvements on U.S. Route 287 (College Avenue). B. Resolution 2022-035, Authorizing the Execution of an Intergovernmental Agreement between the City of Fort Collins, Colorado, and the Colorado Department of Transportation for Intersection Improvements on U.S. Route 287 (College Avenue). The purpose of this item is to enable the City to transfer previously appropriated Community Capital Improvement Program ("CCIP") funds to satisfy the City's Art in Public Places ("APP") program contribution requirements. This item will also authorize the Mayor to execute an intergovernmental Agreement ("IGA") with the Colorado Department of Transportation ("CDOT") for the improvement of three intersections along U.S. Route 287 (College Avenue). This item will enable the City to receive and expend federal Surface Transportation Block Grant (STBG) funds for the design and construction of improvements to address traffic signal deficiencies located at the following intersections along US 287 (hereafter referred to as the "Project"): • Columbia Road and South College Avenue (highest priority) • Pitkin Street and South College Avenue (high priority) • Harvard Street and South College Avenue (medium priority) 11. Resolution 2022-036 Expressing Support for Improved Medicare For All as a National Health Care System. (Adopted) The purpose of this item is to express support for both state and national legislators to actively support federal legislation such as HR 1976, The Medicare for AO Act 2021 or other similar legislation that provides comprehensive and affordable health care for all. • CONSENT CALENDAR FOLLOW-UP Councilmember Peel stated she has some concerns about Item No. 11, Resolution 2022-036 Expressing Support for Improved Medicare For All as a National Health Care System. She stated she does not believe Medicare for all is appropriate and would result in changing one inefficient system for another. However, she commended the passion of those involved in moving the item forward. Councilmember Ohlson discussed Item No. 10, Items Relating to Intersection Improvements on U.S. Route 287 (College Avenue), and requested staff return to Council to ask for additional funding if necessary to ensure the pedestrian improvements are made. • STAFF REPORTS A. Equity Indicators Report and Dashboard Update. (staff: Claudia Menendez) Claudia Menendez, Equity Officer, commended the staff team that has worked on the Equity Indicators Report and Dashboard. She noted the equity and inclusion work the City is leading is supported by former and current strategic objectives. She discussed the Equity Indicators Report, which was published in March of 2021, noting it tracks racial disparities across 72 indicators and provides a platform for strong collaboration between community non -profits and the City organization. She stated the initial phase of the dashboard development includes criminal justice, economic health, and housing domains. Nick Heimann, FC Moves Specialist, further detailed the three domains that are currently part of the dashboard and stated upcoming indicators will include civic engagement, public health, environmental justice, and transportation. He discussed the data that was analyzed as part of the City of Fort Collins Page 157 Report and subsequent dashboard noting it was from four main sources, all of which were collected prior to the pandemic. The sources included existing reports, publicly available data from local and state sources, such as the Fort Collins Police Services transparency website, publicly available local data from national sources, and data provided directly by City or County departments and partners. Heimann showed the dashboard site and discussed its features. Menendez stated staff will be highlighting the work the City is doing to advance equity for all, including work by the Economic Health Office to support multi -cultural small business owners in town. She announced the first equity indicators community forum on April 28th at the Atzlan Center. • COUNCILMEMBER REPORTS Mayor Arndt stated the Council stands in support of Ukraine given the current Russian invasion of the country. Councilmember Ohlson noted he would have been in support of a resolution to that effect. Mayor Arndt replied that was considered; however, there was not enough time to get the resolution published within 24 hours of this meeting. Councilmember Canonico reported on attending the Colorado Municipal League policy workshop. Councilmember Peel reported on her recent listening session during which ranked choice voting and Medicare for all were discussed. She announced an evening with a Holocaust survivor event tomorrow at CSU. Councilmember Pignataro reported on the Mayor's Women's History Month proclamation and stated a list of related events will be posted. Councilmember Gutowsky reported on the Museo de las Tres Colonias renovations and future planned Poudre School District field trip to the museum. • DISCUSSION ITEMS 12 Second Reading of Ordinance No. 020. 2022. Supporting Temporary Fort Collins Housing Permits for Victims of the Marshall/Boulder County Fire as an Exception to Land Use Code Section 3.8.16 Occupancy Limits. (Adopted as Amended on Second R) This Ordinance, unanimously adopted on First Reading on February 15, 2022, authorizes staff to implement a permit process to request relief from the Occupancy Ordinance Land Use Code ("LUC") Section 3.8.16 for the purpose of hosting residents impacted by the Marshall/Boulder County Fire. Included as an attachment is suggested language to allow Lessees, with the Property Owner's/Landlord's written permission, to offer housing for a household unit affected by the Marshall Fire. Requiring the Property Owner/Landlord's permission to the additional occupancy avoids inconsistency with an important underlying Land Use Code premise, which requires owner consent for a binding action on a particular property. Councilmember Pignataro thanked staff for their hard work on this item. She asked when the program is anticipated to be ready and who potential hosts should contact. Caryn Champine, Director of Planning, Development, and Transportation, replied the program should be ready shortly after the Ordinance becomes effective as it is based on an existing program. She stated staff will reach out to the Boulder County Office of Emergency Management to connect with housing providers. People will be directed to the Community Development and Neighborhood Services Department which will facilitate the program. City of Fort Collins Page 158 Mayor Pro Tem Francis asked about the local outreach strategy. Champine replied a link on the website on host permits could be provided and a press release could be sent out. Mayor Pro Tem Francis expressed support for the new language for lessees. Mayor Arndt also supported the new language. Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, to adopt Ordinance No. 020, 2022, on Second Reading, as amended. City Attorney Daggett read the changes to Section 3. RESULT: ORDINANCE NO. 20, 2022 ADOPTED AS AMENDED ON SECOND READING [UNANIMOUS] MOVER: Emily Francis, District 6 SECONDER: Julie Pignataro, District 2 AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky 13. Resolution 2022-037 Approving and Adopting the Fort Collins Recovery Plan. (Adopted as Amended) The purpose of this item is consideration of a resolution adopting the Fort Collins Recovery Plan (the Plan), which includes outcomes and objectives within the four recovery themes of health, equity and community resilience, economic recovery, and environmental resilience. The Plan works to address the trauma that the COVID-19 pandemic has had on our community, reduce future shocks, and focus on the inclusion and well-being of our community to increase resilience and move toward a vibrant future. The Plan is NOT meant to be overly prescriptive. Outcomes and objectives are meant to lay out priorities and goals to achieve for successful recovery. Actions included in the Plan are examples representing the types of policy and programs which could be taken to achieve objectives and outcomes. Future funding allocation, such as the American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Fund, are tools to help the community recovery. Travis Storin, Chief Financial Officer, noted Council has provided feedback on this topic over four work sessions and stated the plan is a product of intensive staff engagement efforts. He thanked the Recovery Office, particularly SeonAh Kendall. SeonAh Kendall, Recovery Manager, discussed the importance of livability, sustainability, and community and having this plan be nimble enough to address immediate responses and needs as well as long-term resilience and recovery. She discussed the community engagement process, which included over 2,200 online surveys and community meetings. She discussed the plan's focus on promoting and increasing the visibility and support of diverse cultural artists and organizations, economic outcomes, and environmental outcomes. She outlined future steps for the plan and its implementation. Mayor Arndt commented the creativity and thoughtfulness of staff who have worked on this plan. She asked if maintenance and operation costs are included in the acquisition of the parks piece. Kendall replied parks maintenance could potentially be included; however, that would involve a Council discussion around revenue replacement. She stated the inclusion of `expand, add, or improve' was included due to opportunities around neighborhood resilience, not capital improvement. City of Fort Collins Page 159 Councilmember Peel thanked the staff team for their work and commented on the National League of Cities resources available around managing the federal dollars. She asked if dealing with appropriation requests will be done mainly in the budget process. Storin replied in the affirmative and noted there will be a mid -cycle process as the 2022 budget has already been adopted. He noted any budget offers for the 2023-24 budget involving American Rescue Plan Act dollars will be clearly identified. Councilmember Peel stated she would like Council to be heavily involved in making those decisions. Storin replied that will occur. Councilmember Pignataro thanked the staff for their work on this item and expressed support for the language allowing for increased agility of the program. Mayor Pro Tem Francis also supported adding maintenance to the parks section. She questioned the focus on home and community gardening over a broader approach to address food insecurities. Kendall replied the plan includes food in two areas, one of which is a specific section around strengthening non -profits and other existing networks, including the Food Bank, for food access. Sarah Meline, Policy and Engagement Specialist, replied food insecurity was widely discussed from all parts of the community during the engagement process. She noted the reference to community gardening was also about creating community cohesion and connection as well as providing food for those in need. Additionally, it speaks to the Our Climate Future plan. Mayor Pro Tem Francis questioned why the reference is not just to local food production. She stated the reference to community gardening seems very specific. Meline replied some of the engagement showed a desire for households and communities to increase resiliency through gardening; however, she stated staff would make any edits desired by Council. Mayor Arndt concurred the language should look more broadly at local food production and agriculture, which would encompass community and household gardens. City Attorney Daggett stated Council could adopt the plan and provide direction for staff to make rev isions. Storin stated staff is clear on the requested changes to emphasize local food production and to add operations and maintenance and asset replacement within the parks item. Councilmember Canonico requested the wording be `local sustainable food production.' Councilmember Ohlson concurred with that change but stated operations and maintenance may not be the desired inclusion. Instead, it should be asset management and refreshing parks. Mayor Arndt commented on the importance of maintenance for any newly purchased parks. Councilmember Ohlson stated he would not be supportive of purchasing parks with federal dollars, nor would he be supportive of using those funds for operations and maintenance. Interim City Manager DiMartino summarized the comments to focus wording on updating and revitalizing parks. Councilmembers concurred. Councilmember Pignataro commented on the importance of considering future operations and maintenance costs when moving forward with any type of refresh. 0 0 0 City of Fort Collins Page 160 City Attorney Daggett suggested including wording in the resolution that the Recovery Plan is approved, modified to reflect the Council's comments regarding adding local sustainable food production to the list of objectives in outcome 4A and adding update and revitalization of public spaces to outcome 4C. Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, to adopt Resolution 2022-037, directing staff to update language in outcome 4A to include local sustainable food production and in outcome 4C to include asset management, refresh, and replacement. (Secretary's Note: The Council took a brief recess at this point in the meeting.) RESULT: MOVER: SECONDER: AYES: RESOLUTION 2022-037 ADOPTED AS AMENDED [UNANIMOUS] Emily Francis, District 6 Julie Pignataro, District 2 Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky 14. First Reading of Ordinance No. 034. 2022. Appropriating Prior Year Reserves from the Light and Power Fund for Use in the Connexion Account to Complete the Connexion System Construction and Customer Ramp Up and Providing for Future Cost Recovery. (Adopted on First Reading) The purpose of this item is to request appropriation of prior year reserves from the Light & Power Fund for use in completing the Connexion system construction and customer ramp up. Updated construction cost and timing estimates were completed in late 2021 which indicated a funding need of approximately $20 million to build out the network by mid-2022. Staff has evaluated the financing options available to meet this funding need and proposes to use $20 million from available Light & Power reserves to allow for completion of the network buildout. These funds will be reimbursed to the Light & Power Fund (including interest) from the cash flows generated by the Connexion operations. Staff met with the Council Finance Committee on February 4r 2022 and received support for this proposal. Chad Crager, Connexion Executive Director, stated this appropriation stems from the 2017 business plan assumptions and the more accurate information that has been ascertained since. That information includes there being 8,000 additional units over the 2017 prediction, less light and power vacant conduit, increased installation costs, premise boring between the street and multi- dwelling units and commercial buildings, which was not recognized in 2017, and changes in take rates. Crager provided details on the budget numbers and stated the requested $20 million appropriation will ensure Connexion does not need to request another appropriation. Crager discussed the existing Connexion bonds and detailed the proposed use of light and power reserves, noting Connexion will pay interest to use those reserves. He noted the $20 million would be used as needed, not all at once. Eric Sutherland expressed concern regarding the accuracy of the financial information provided. Councilmember Gutowsky asked if reserves are invested. Travis Storin, Chief Financial Officer, replied the City has an investment policy that governs how reserve funds are used. The liquid reserves are primarily held in federal agency bonds. Councilmember Gutowsky asked about the progress on multi -dwelling unit and business installation. Crager replied the contractor has started premise boring. He discussed the process of getting right of entry approval from property owners. City of Fort Collins Page 161 Councilmember Gutowsky asked if there is any chance another appropriation will be needed. Crager replied there are no more surprise expenses as all remaining conduit is in place; therefore, there will be no additional construction cost increases. Councilmember Gutowsky asked how staff determined the light and power reserves should be the funding source for this appropriation. Storin replied eight options were considered and the staff recommendation to use light and power reserves was because the utilities are legally chartered as a single enterprise and that the City's bond covenants are restrictive in terms of where additional capital can be sought. Councilmember Peel asked about the interest amount. Storin replied it is projected Connexion will repay $3 million in interest to light and power for the privilege of using the $20 million in reserves over three years. He stated the $20 million will not count against the ballot ceiling as it is not coming from an external source. Mayor Arndt asked why the business take rate is so low. Crager replied the take rate has not been as high as desired; however, businesses only make up 10% of all premises. He noted the focus on businesses is just now beginning and the amount of bandwidth needed by businesses is currently lower due to the increased number of people working from home. Mayor Pro Tem Francis thanked Crager and Storin for their work. Mayor Pro Tem Francis made a motion, seconded by Councilmember Ordinance No. 034, 2022, on First Reading. RESULT: MOVER: SECONDER: AYES: Gutowsky, to adopt ORDINANCE NO. 034, 2022 ADOPTED ON FIRST READING [UNANIMOUS] Emily Francis, District 6 Susan Gutowsky, District 1 Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky • OTHER BUSINESS A. Consideration of a motion to cancel the Tuesday. March 15, 2022 Regular Council meeting- Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, that Council cancel its regular meeting of March 15, 2022, pursuant to City Code Section 2-28(a), considering the National League of Cities conference. RESULT: MOVER: SECONDER: AYES: MOTION ADOPTED [UNANIMOUS] Emily Francis, District 6 Susan Gutowsky, District 1 Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky B. Motion to adjourn this meeting after the completion of Electric Utility Enterprise Board business Mayor Pro Tem Francis made a motion, seconded by Councilmember Ohlson, that Council adjourn this meeting until after the completion of the Electric Utility Enterprise Board business. 0 0 0 City of Fort Collins Page 162 RESULT: MOTION ADOPTED [UNANIMOUS] MOVER: Emily Francis, District 6 SECONDER: Kelly Ohlson, District 5 AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky C. Motion to enter into an Executive Session to discuss two legal matters: Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, that the City Council go into executive session pursuant to: • City Charter Article Roman Numeral Two, Section 11(2), • City Code Section 2-31(a)(2) and • Colorado Revised Statutes Section 24-6-402(4)(b), for the purpose of discussing with the City's attorneys and appropriate management staff the following two items: 1. Specific legal questions related to litigation regarding the acquisition of certain property interests for the Halligan Reservoir Project; and 2. The manner in which the particular policies, practices or regulations of the City related to the Thornton Water Pipeline Project may be affected by existing or proposed provisions of federal, state or local law. RESULT: MOTION ADOPTED [UNANIMOUS] MOVER: Emily Francis, District 6 SECONDER: Julie Pignataro, District 2 AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky • ADJOURNMENT The meeting adjourned at 10:56 PM. City Clerk City of Fort Collins Page 163 0 0 0