[bouldercouncilhotline] Hotline: Agenda Item 5C - First reading on Franchise Agreement

[kohls at bouldercolorado.gov]

Sender: Gray, Crystal

Council Members:
Regarding: June 7, 2011 Public Hearing Agenda Item 5C - First reading to place a Franchise agreement with Public Service Co of Colorado (Xcel) on the ballot.
In reading the materials in our packet it states, on p. 3 under background,  that “Recently, Xcel presented to city staff the outline of a proposal that looks very promising”.  The following paragraph further states that “Xcel has always insisted that any proposal be tied to a twenty- year franchise”. The memo states “Staff expects that either the full proposal will be ready for public scrutiny by the time council returns from its recess, or that Xcel will decide that it has nothing to present”.
Council returns from recess on July 19th.  This will leave us very little time to review and discuss the Xcel proposal and franchise that could extend to 2031 and be worth over $114,000,000 (this past years revenue)  a year in revenue to Xcel. There would be very little time for Xcel to include suggestions to their proposal and still make the deadlines to get something on the ballot.  I find it unacceptable that we do not have a proposal, after repeatedly extending deadlines, that we can discuss openly.

My request is that staff ask Xcel to come to council on June 7 and present the proposal they discussed with staff so council, and the public, can have an opportunity to discuss information they would like to see return to council on second reading.  If Xcel can not attend on June 7th I would suggest that we allocate time on the June 14th council study session for Xcel to present their proposal to council.  A third alternative, to the June 7 or June 14th dates, is for city council to direct, at a public meeting,  the city attorney to release a summary of the discussion with  Xcel  on their proposal so the public can review and comment at the June 7th meeting and so council can also openly discuss it.  

Council had requested that Xcel present any proposal, to partner with the city on providing energy, at the April Council Energy Roundtable.  That deadline was changed to the May 24th Council Energy Roundtable - which was also missed.  
Now that there seems to be a proposal it is important that we start discussing it and not wait until the deadline when items have to be approved for the ballot.  

There is an offer to have council meet privately, one or two council members at a time,  with staff and to have Xcel attend these private meeting if council wishes.  I think that a more appropriate, and open, process would be for Xcel to meet with the entire council at a meeting that is open to the public.  Last year, during the franchise discussions, Xcel wanted to meet with council in private and the council decided that Xcel should appear before the entire council at an open meeting.  Xcel agreed and attended a council meeting.  Hopefully they can attend on June 7 or June 14.  

Crystal 
p.s.  I thought the Energy meeting at the East Boulder Recreation center last night was excellent and want to thank all the panelists for their participation.  I noticed that Channel 8 was filming this so I look forward to getting the schedule when this will be played.