HomeMy WebLinkAboutPACKET Public Works, Utilities and Public Safety 2017-06-08
Thursday, June 8, 2017 Public Safety, Utilities 8:00 a.m.
& Public Works Committee Town Board Room
Chair Koenig, Trustee’s Nelson & Martchink. 1. PUBLIC COMMENT
2. PUBLIC SAFETY
a) RECOMMENDATIONS TO THE TOWN BOARD
i. None.
b) REPORTS
i. Introduction of New Officers. Chief Kufeld
3. UTILITIES a) RECOMMENDATIONS TO THE TOWN BOARD
i. Sale of PRPA Windy Gap Water Rights. Dir. Bergsten, Attorney White &
Superintendent Eshelman
b) REPORTS
i. Modification of Municipal Code. Dir. Bergsten & Attorney White
4. PUBLIC WORKS a) RECOMMENDATIONS TO THE TOWN BOARD
i. None.
b) REPORTS
i. None.
5. ADJOURN
AGENDA
UTILITIES DEPARTMENT Memo
To: Public Safety, Utilities & Public Works Committee
Through: Town Administrator Lancaster
From: Utilities Director Bergsten
Date: June 8, 2017
RE: Sale of PRPA Windy Gap Water Rights
Objective:
To inform the PUP Committee of the Town’s intention to waive of its right of first refusal
to Platte River Power Authority’s (PRPA) Windy Gap water rights and to request the
Town Board to take action on PRPA’s request.
Present Situation:
The PRPA Board gave their staff authority to enter into confidential negotiations over
water rights and storage rights in order to maximize reliable operations in drought years.
PRPA has pending agreements; however, they are conditional to the Town’s right of first refusal. PRPA is obtaining authorization from each of the four owner municipalities
to execute these agreements.
Proposal:
Staff, in conjunction with Attorney White, proposes the Town Board approve the waiver our right of first refusal to these Windy Gap water rights.
Advantages:
Waiving our right of first refusal will allow PRPA to increase the reliable supply of
cooling water to PRPA’s electric generation facilities.
Disadvantages:
None. The Town owns sufficient Windy Gap water rights to supply drinking water for the
maximum projected buildout.
Action Recommended:
Staff recommends the waiver of these Windy Gap water rights be included as an action
item on the agenda for the June 13th Town Board meeting.
Budget:
Not applicable.
Level of Public Interest Medium. Water availability in the west is limited; however, the Town’s portfolio of water rights is adequate to serve our community. No additional water rights are needed.
Attachments:
Letter from PRPA requesting confirmation that the Town is waiving its right of first refusal.
May 4, 2017
sent via email
Town of Estes Park
C/O Administrator Lancaster
PO Box 1200
170 MacGregor Ave
Estes Park, CO 80517
ceshelman@estes.org
Re: Sale of Windy Gap Units
Mr. Lancaster,
As you know, Platte River Power Authority (“Platte River”) has received offers to purchase a total of 23
units of Windy Gap Water in response to its October 19, 2016 request for proposals. Platte River has
determined that these units are no longer required for the reliable operation of its generation facilities, and
the Platte River Board of Directors has approved the sale of these units to facilitate necessary
improvements. The terms of these offers are confidential and subject to ongoing negotiations, but the
offers do reflect current market pricing for Windy Gap units. In addition to cash consideration, these offers
also include the transfer of storage allocation in the Windy Gap Firming Project to Platte River and/or a
guaranteed quantity of Colorado-Big Thompson rental water available to Platte River.
The units subject to these offers were originally assigned to Platte River by Fort Collins, Loveland and
Estes Park under agreements which retained a right of first refusal should these units be offered for sale
in the future (on substantially similar terms and conditions as offered to another entity). Based on our
discussions with staff, we understand that Estes Park is not interested in purchasing any Windy Gap units
from Platte River at this time and does not object to this proposed sale.
Because a refusal or waiver of the member cities rights of first refusal, if any, is a condition precedent to
the sale of these units, we wanted to document Estes Park’s position for our files, as we have done with
the other Platte River member communities.
If you would please sign this letter to confirm that Estes Park is not interested in the purchase of these
units and return to me at your earliest convenience, I would greatly appreciate it.
Thank you,
Heather Banks
Heather Banks
Fuels and Water Manager
Platte River Power Authority
Acknowledgement
I have reviewed the above correspondence, and hereby confirm that the Town of Estes Park does not
desire to purchase any of the 23 units of Windy Gap water subject to the pending sale by Platte River
(which would include providing Platte River with additional storage in the Windy Gap Firming Project
and/or supplemental C-BT rental water), and does not object to Platte River’s sale of those units.
Town of Estes Park, Colorado
By:________________________________
Frank Lancaster, Town Administrator
UTILITIES DEPARTMENT Memo
To: Public Safety, Utilities & Public Works Committee
Through: Town Administrator Lancaster
From: Utilities Director Bergsten
Town Attorney White
Date: June 8, 2017
RE: Modification of Municipal Code
Objective: To inform the PUP Committee of proposed modifications to the Municipal
Code, Title 13 “Public Utilities”:
13.04.020 Light and Power Administration, Director; powers 13.08.010 Light and Power Rules and Regulations, General 13.20.020 Water Administration, Director; powers
Present Situation:
On April 18, 2017 the Governor signed HB 17-1193 which enables the installation of small cellular equipment on Light and Power’s poles. The new statute gives cellular providers the right to use our utility facilities subject to the municipality’s requirements.
Attorney Greg White and Attorney Ken Fellman have recommended changes to our
Municipal Code giving the Department Director the power and authority to adopt and
promulgate administrative regulations. The standards will be modified to ensure wireless equipment does not interfere with the safe and reliable operations of the Utilities.
This change is also being recommended for adoption by the Water Division.
Proposal:
We propose the Town Board consider adopting the following Municipal Code
modifications indicated in red, underlined and italicized font:
13.04.020 Light and Power Administration, Director; powers: “The Light and Power Director shall have the immediate control and
management of all things pertaining to the Light and Power Department, and
shall perform all acts that may be necessary for the prudent, efficient and economical management and protection of the light and power works, including the power and authority to adopt and promulgate administrative regulations, subject
to the approval and confirmation of the Board of Trustees. (Prior code §7.2; Ord. 6-90 §15, 1990; Ord. ____, 2017)”
13.08.010 Light and Power Rules and Regulations, General:
…
“(d) Attachment by third parties to facilities owned by the Town for light and
power services shall be subject to the rules and to the requirements set forth in Town ordinances relating to wireless communication facilities and any rules and
regulations that may be promulgated by the Department.”
13.20.020 Water, Director; powers:
“The Water Director shall have the immediate control and management of all
things pertaining to the Water Department, and shall perform all acts that may be necessary for the prudent, efficient and economical management and protection
of the water works, including the power and authority to adopt and promulgate
administrative regulations, subject to the approval and confirmation of the Board of Trustees. (Ord. ____, 2017)”
This item will be reviewed as an action item at the June 13th Town Board meeting.
Advantages:
Business process efficiency is increased by delegating authority to staff to promulgate
administrative regulations. Disadvantages:
None. The recommended changes will enable staff to ensure the continued safety and
reliability of our electric service. The Town Board continues to retain authority to
intervene where regulations do not meet their objectives. Budget:
Not Applicable
Level of Public Interest Low. This enables staff to maintain daily operations which our customers expect from us. However, future changes to the Development Code will be necessary. Those
changes may generate a higher level of public interest.
Attachments: None