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Legislative Review Committee Agenda
Meeting Notes
January 19, 2016, 5:00 p.m.
Commons Conference Room
Present: Gino Campana, Councilmember; Ross Cunniff, Councilmember; Ray
Martinez, Councilmember; Carrie Daggett, City Attorney; Wendy Williams,
Assistant City Manager; Dan Weinheimer, Legislative Policy Manager
Absent: None
Guests: Gerry Horak, Mayor Pro Tem; Tom Leeson, Planning, Development and
Transportation; Mark Jackson, Planning, Development and Transportation; Dale
Adamy, Citizen; Kevin Jones, Fort Collins Area Chamber of Commerce; Alicia
Salz, Intern
The meeting came to order at 5:00 pm.
Councilmember Martinez moved approval of the minutes from the December 8,
2015, Councilmember Campana seconded. Minutes were adopted without
amendment.
Tom Leeson discussed information prepared on local ordinances other
communities have adopted in Colorado to address construction defects. LRC
reviewed options for a Fort Collins ordinance. The LRC provided direction to
proceed with a Construction Defects ordinance that:
1. addresses notification of defects and the enhanced right to repair;
2. prohibits the amendment of the governing documents to remove
provisions requiring alternative dispute resolution of constriction defects
claims;
3. requires notification of homeowners of association legal action and
majority vote of consent.
Direction was also provided to engage development community to provide
education on existing self-help options including the ability to record a plat note
requiring binding arbitration prior to filing a lawsuit, and to continue to work with
state legislation to address construction defects law. Staff was asked to provide
some analysis of other states’ construction defect laws and those states’
condominium and townhome construction trends.
Mayor Pro Tem Horak presented a proposal to fund advocacy for Interstate 25
improvements. The proposal will also go to Council Finance Committee for
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consideration before going before City Council. LRC recommended funding for
the effort to expand north I-25.
Dan reviewed bills from the General Assembly. He shared that to date nearly 200
bills have been introduced.
x HB16-1001 is a proposal that would have the State Controller Certify
Compliance with Equal Pay Laws. This bill was briefly discussed and
additional information was to be gathered before considering a position.
No position was adopted.
x HB16-1002 is a bill that seeks to provide Employee Leave to Attend
Child’s Academic Activities. The bill would provide limited leave for
parents to attend school activities including counseling meetings. LRC
adopted a support position.
x HB16-1004 is a bill that would establish Measurable Goals and
Deadlines for the Colorado Climate Action Plan. It was discussed that
adding measurable goals and deadlines for the state could help the City
in achieving its climate action goals. LRC adopted a support position.
x HB16-1005 is a bill to allow Residential Precipitation Collection – to
allow residents to use up to two rain barrels at their home to capture,
store and use precipitation on site. This proposal was unsuccessful in
2015 due to challenges reconciling with Colorado Water Law. LRC
adopted a support position in light of the minimal diversion of rain
water.
x HB16-1006 is a bill that seeks to Clarify Tax Exemptions for Housing
Authorities. The bill is supported by the Fort Collins Housing Authority
and seeks to clarify interpretation of existing law that has occurred at the
state level. There may be an impact to the City if the proposal is
successful. LRC adopted a support position.
x HB16-1067 is a bill to extend the sunset of Regional Transportation
Authority to have a Mill Levy. The bill would extend a sunset from
2019 to 2029. LRC adopted a monitor position as more information is
gathered.
x HB16-1070 is a bill requiring Signature Verification in Municipal
Mail Ballot Elections. Dan indicated the bill would impact statutory
towns and that CML is in support of the changes. It was requested that
staff look into whether there is a possibility for verification equipment
can be leased and there is adequate access to the Secretary of State’s
verification database. LRC adopted a monitor position.
x SB16-011 is a bill seeking to Terminate the Use of FASTER Fee
Revenue For Transit. The bill would have FASTER revenue be used
only for highway projects. Transfort staff shared that they receive
$400,000 annually from FASTER. LRC adopted an oppose position.
x SB16-012 is a bill that would extend deadlines to provide more Time to
Reconstruct Residential Improvements in recovery from natural
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disasters. LRC considered that the bill might not have immediate impact
on Fort Collins but could impact the community in a future event. LRC
adopted a monitor position.
x SB16-017 would allow Concealed Handgun Carry without a Permit.
LRC discussed that the permit requires gun safety education and training
which can increase public safety. LRC adopted an oppose position to
this bill.
x SB16-028 is a bill seeking to increase transparency in municipal
contracting with minority-owned businesses called the Community
Reinvestment Act. The bill would direct the State Controller to
maintain records related to contracting with minority-owned businesses.
Discussion focused on the City’s open book program and that much of
this data may already be available. LRC adopted a monitor position.
x SB16-037 is an open records-related bill about Public Access to
Digitally Stored Data under CORA. The bill actually seeks to make
the “native format” of records already available under CORA available
to requestors. There are problems with the bill that include a restriction
on recovering costs associated with preparing the records for the public,
metadata associated with internal work products and the costs and
complications associated with providing video and audio records. LRC
adopted an amend position with the hope of engaging the bill sponsor in
amendments.
The meeting was adjourned at 5:49 pm.