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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