Final
STAFF SUMMARY OF MEETING

COMMITTEE ON CAPITAL DEVELOPMENT
Date:10/24/2005
ATTENDANCE
Time:08:02 AM to 08:49 AM
Berens
X
McElhany
E
Place:SCR 356
Riesberg
X
Windels
X
This Meeting was called to order by
Bacon
X
Representative McFadyen
McFadyen
X
This Report was prepared by
Bo Pogue
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Election of Chair & Vice-chair
Western State College 202 Request
State Capitol Grounds Relocations
Sen. Bacon elected chair, Rep. McFadyen vice-chair
Approved
Approved, contingent upon CBAC review and approval

08:02 AM Election of New Capital Development Committee Chair and Vice-chair

The meeting was called to order. A quorum was present. Pursuant to Section 2-3-1302 (2), C.R.S., the committee's first order of business was to elect a new chair and vice-chair.

The motion passed 5-0.
BILL:Election Chair& Vice-chair
TIME: 08:10:08 AM
MOVED:Riesberg
MOTION:Elect Senator Bacon as chair and Representative McFadyen as vice-chair. The motion carried on a vote of 5-0, with 1 member excused.
SECONDED:
VOTE
Berens
Yes
McElhany
Excused
Riesberg
Yes
Windels
Yes
Bacon
Yes
McFadyen
Yes
Final YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS




08:11 AM Western State College 202 Request

Ms. Joan Johnson, Director of Capital Assets and Governing Boards, Colorado Commission on Higher Education, presented a SB92-202 request on behalf of Western State College. Committee members were provided with a description of the request prepared by Legislative Council staff (Attachment A). The college requests authority to spend $4,875,000 cash funds exempt (CFE) to build the Borick Business Building. The building would be owned by the Western State College Foundation and leased to the college for 50 years. No state bunds would be used for the construction, maintenance, or operation of the building. After the presentation, Ms. Johnson fielded a number of questions.

Sen. Windels asked why the building needed to be leased for 50 years from the Foundation, as opposed to the college having the title to the building. Ms. Johnson replied that she did not know exactly, and stated that the Foundation wants to maintain ownership, which is not uncommon.

Sen. Bacon stated that, at some point in the future, he wants an explanation as to why buildings are being privately owned on state land. Ms. Johnson said this would be the first privately owned academic building on state land. In other instances, private ownership occurs on private land.

Rep. Berens asked about the potential for the college to withdraw from lease and the potential for the building to change hands. He then asked if legal staff could look at the lease to determine if there are any escape clauses in the lease.
BILL:WSC 202 Request
TIME: 08:21:57 AM
MOVED:McFadyen
MOTION:Approve the Western State College 202 request. The motion carried on a vote of 5-0, with one member excused.
SECONDED:
VOTE
Berens
Yes
McElhany
Excused
Riesberg
Yes
Windels
Yes
Bacon
Yes
McFadyen
Yes
Final YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


08:26 AM State Capitol Grounds Relocations

Mr. Larry Friedberg, State Architect, State Buildings and Real Estate Programs, presented a proposal to create secure handicap access and truck offloading on the State Capitol grounds, and testified to the merits of doing so before the start of the legislative session. Committee members were provided with a memorandum describing the proposal (Attachment B) and a timeline of the proposal and drawing of the proposed new areas (Attachment C). A vulnerability study by the Colorado State Patrol suggested that handicap parking and a truck offloading area be moved 100 feet from the building. The proposal would create a handicap route on the southeast corner of building and a truck offloading area away from the building.



Rep. Reisberg asked if work presently being done to reenforce a subsurface vault would have been necessary if the proposal is approved, since the trucks would not be in that area. Mr. Friedberg said the reenforcement project was necessary anyway, and that the activity of the trucks has helped to point out structural fatigue that needs to be remedied.

Rep. Berens asked about tree removal associated with the proposal. Mr. Friedberg replied that the intent is to save and relocate the three trees, dependent on the circumference of the trunks.

Rep. McFadyen asked about potential for public access to four new handicapped spaces. Mr. Friedberg replied that the spaces will be patrolled, and signage will be present.

Sen. Bacon said that, pursuant to Section 24-82-104, C.R.S., the issue should be remanded back to the Capitol Building Advisory Committee (CBAC). According to the statute, the CBAC is required to evaluate any proposals for uses of the "State Capitol driveways," and the CBAC had not previously evaluated this project. Mr. Friedberg asked the committee to approve the proposal contingent upon the CBAC's approval, in order to allow rapid action on the issue.

Sen. Windels asked if the proposal aligns with HJR 05-1054, concerning capitol parking, or whether the resolution needed to be altered. Mr. Friedberg did not know.

Rep. McFadyen asked about the CBAC's next meeting time. Mr. David Hite, a member of the CBAC, testified that he hoped the CDC would inspect the site in person, to weigh the dramatic changes of the proposal against security issues. He recommended that the proposal be sent back to the CBAC, which is scheduled to meet in the next two weeks, possibly November 4.

Rep. Berens asked that calls be made to the Governor and leadership of both the House of Representatives and the Senate for feedback on the proposal, and that such feedback be sent to the Capitol Building Advisory Committee and the Capital Development Committee.

Rep. Reisberg stated that HJR 05-1054, mentioned earlier by Sen. Windels, dealt primarily with the number of spaces in the Capitol circle parking lot.

Sen. Bacon laid out two options for a motion -- approve the proposal contingent upon CBAC approval, or remand the proposal to the CBAC. Rep. Berens supported Mr. Friedberg's request to approve the proposal contingent upon CBAC approval, so long as no major changes to the project are made.



Mr. Jerry Barry, Office of Legislative Legal Services, said that, while the safest route was to refer the proposal back to the CBAC, the contingency motion would conform with statute.
BILL:State Capitol Grounds Relocations
TIME: 08:47:45 AM
MOVED:Berens
MOTION:Approve the proposal to create secure handicap access and truck offloading on the Capitol grounds, contingent upon review and approval of the proposal by the Capitol Building Advisory Committee. The motion carried by a 5-0 vote, with 1 committee member excused.
SECONDED:
VOTE
Berens
Yes
McElhany
Excused
Riesberg
Yes
Windels
Yes
Bacon
Yes
McFadyen
Yes
Final YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


8:49 AM

The meeting adjourned.