AMENDED

 

 

CITY OF LAREDO

WORKSHOP

M2007-W-10

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

NOVEMBER 26, 2007

5:30 P.M.

 

I.          CALL TO ORDER

 

            With a quorum present, Mayor Raul Salinas called the meeting to order.

 

II.        PLEDGE OF ALLEGIANCE

 

            Mayor Raul G. Salinas led in the Pledge of Allegiance.

 

III.       ROLL CALL

 

            In attendance:

 

            Raul G.  Salinas,                                                                       Mayor

            Mike Garza,                                                                             Council Member, District I

            Hector Garcia,                                                                          Council Member, District II

            Michael Landeck,                                                                     Council Member, District III

            Johnny Amaya,                                                                         Council Member, District IV

            Johnny Rendon,                                                                        Council Member, District V

            Gene Belmares,                                                                        Mayor Pro Tem, District VI

            Juan Chavez,                                                                            Council Member, District VII

            Gustavo Guevara, Jr.,                                                               City Secretary

            Carlos Villarreal,                                                                       City Manager

            Cynthia Collazo,                                                                       Deputy City Manager

            Horacio De Leon,                                                                     Assistant City Manager

            Jesus Olivares,                                                                          Assistant City Manager

            Raul Casso,                                                                              City Attorney

 

            Motion to excuse Cm. Ramirez.

 

            Moved:  Cm. Rendon

            Second:  Cm. Garcia

            For:     6                                               Against:  0                                            Abstain:  0

 

            Cm. Garza was not present.

IV.       MINUTES

 

            Approval of the minutes of September 13, 2007, September 17, 2007 and September 21,        2007.

 

            Motion to approve.

 

            Moved:  Cm. Rendon

            Second:  Cm. Amaya

            For:     6                                               Against:  0                                            Abstain:  0

V.        COMMUNICATIONS AND RECOGNITIONS

 

            Recognitions

 

            None.

 

            Communiqués

            Training on the new Bosch Microphone voting system recently installed at the City Council         Chambers.

 

            George Aguirre and  Jeff Edwards, employees of Musack, both gave an exclamation to City

            Council on how to use the newly installed voting system. 

 

            Mayor Salinas read the following letter which was addressed to Robert D. Marcus from            Time Warner Cable:

 

            “Re:  NFL Network on Time Warner Cable in Laredo, Texas

 

            Dear Messrs, Bornstein and Marcus:

 

            The City of Laredo is concerned that your companies’ inability to reach and agreement will          deprive our citizens of the chance to see the Cowboys, and in particular the game scheduled    for this Thursday, November 29.  Time Warner and the NFL network appear to have been      at an impasse since October.  With this key game now only a few days away, both     companies are about to miss an opportunity to provide a highly valued service to their             customers. 

 

            We strongly recommend that you consider carrying Thursday’s game on the basic tier in   Laredo, so that all subscribers, both analog and digital, can see it.  Obviously a long-term       solution is needed as well.  But an immediate agreement as to this particular game would        avoid frustrating your customers, yet allow you to continue working on a long-term deal.           The City, for its part, would be prepared to waive any notice requirements or remove an     other administrative roadblocks in our power to ensure that Thursday’s game can be shown in Laredo. 

 

            Our concern is first and foremost for our subscribers’ ability to watch what they choose    and to choose what they watch.  We have no interest in trying to tell you how to manage                       your businesses.  But we encourage you to work toward a solution that enables all Laredo    citizens to see the NFL games if they wish.  From this standpoint, making the games     available only as part of a high-priced tier or package is undesirable.  So is making them   available only to digital, not analog, subscribers.  In this, as in all your operations, the      quality of your service to your customers – our citizens – should be the key.

 

            The City would be happy to host a meeting between your companies in Laredo, if that       would help resolve your differences.  Sometimes it may be useful to have a neutral third           party present, and to meet in a place close to the citizens who are directly affected by your        actions.  If so, we would be glad to play that role.  In any case, we urge you to work for a      quick resolution of this carriage dispute, and not to hold our citizens hostage to your             respective negotiating strategies.

 

            Very truly yours,

            Raul G.  Salinas, Mayor”

 

            Citizen comments

            None.

 

VI.       MOTION

 

            1.  Motion to direct the City Manager to prepare a resolution by the City of Laredo on the

                 intent to enter into a tax abatement agreement with Topaz Energy Group; pending

                 submittal of application.

 

                 Motion to approve and amend the motion to authorize the City Manager to prepare and            execute the letter of intent of and the resolution and for it to be presented to Council at          the next meeting.

 

                 Moved:  Cm. Garza

                 Second:  Mayor Pro Tempore Belmares

                 For:  7                                             Against:  0                                            Abstain:  0

                 Barbara Clemenhagen, Vice President of Commercial & External Relations and Eric                              Geisler, Director of Business Incentives Advisory gave the following presentation:

 

                 Topaz Power Group, LLC

                 Potential Energy Infrastructure Project

                 For City of Laredo, Webb County

 

                 Overview of Topaz Power Group and Current Assets

 

                 Topaz Power Group is a Texaas-based independent power producer owned by                                    Carlyle/Riverstone Holdings.  Originally formed in 2004 with the acquisition of non

                 power plants in Texas, Topaz focuses on the development, operation, and asset

                 management of power generation assets in Texas and across the United States.

 

                 In July 2006, Carlyle/Riverstone Global energy and Power fund III, L. P. acquired

                 facilities, including the Laredo plant, from Sempra Energy (forming Topaz II).

 

                 The company will continually assess whether to hold, sell or invest in these assets. 

                 Topaz also continues to analyze new investment opportunities in Texas and around the

                  world.

 

                 Laredo Power Plant

 

                 Laredo plant currently operates under a Reliability Must Run (“RMR”) agreement with               ERCOT.

 

                 However, ERCOT anticipates terminating the RMR agreement in 2010.

 

                 The opportunity exists for Laredo, Webb County and Topaz to work together to enhance

                 the electric capacity and reliability for current and future residential, commercial and,

                 especially, industrial customers in Laredo and Webb County.    

 

                 However, Topaz investors have strict ROI targets that need to be met in order for the                            project to go forward.  If this project is not approved, the plant will be shut down and

                 mothballed in 2010. 

 

                 A very unique opportunity to acquire two General electric LMS 100 peaking units

 

o       Units are ideally suited to be a load pocket like Laredo

o       If construction begins in late 2007, Topaz could have units online by Summer 2008

o       New units could be well positioned to provide power when it is critically required and

o       continue to provide Laredo with reliable power for decades.

 

                 GE’s first production LMS100 aeroderivative gas turbine package recently completed                           assembly at the Houston, Texas manufacturing facility and ready for delivery

 

o       Laredo would be one of only two locations in the United States with this technology

o       Far more efficient, generating > 20 megawatts more than old units

o       Quick start capability – 10 minutes vs. 8 – 11 hours

o       Much lower emissions

 

                

Pollutant

Laredo 1-3 Permit Limits

Laredo 1-3 Actual Emissions

Laredo Peaking 4-5 Permit Limits

NO(x)

1599.8

828.7

116.8

CO

386.1

361.1

99.2

VOC

989.0

23.7

29.0

SO(2)

3972.5

2.6

10.4

PM

298.6

72.5

53.4

PM (10)

298.6

72.5

53.4

 

                 Notes:  Laredo 3 has NSR permit (No. 456) and the permit limits above include an     

                 average of the Max Allowable Emission Rate Table that is part of the permit.

 

                 Laredo 1 – 2 are grandfathered units (built before implementation of TCAA) and

                 therefore the permit limits are the max potential to emit (nameplate heat input rate times

                 appropriate emission factors).

 

                 Potential Economic Impact (from Texas A & M study)

 

o       Potential new capital investment:  up to $145,000,000\

o       Estimated annual impact to UISD:  $1,000,000

o       Retain 6 – 10 high-paying jobs and create an estimated 75 new permanent indirect jobs created through suppliers, etc.

o       Estimated 250 temporary construction jobs

o       Estimated director annual impact (local purchases, etc.) $9 million

o       Estimated total indirect economic impact of $101 million

 

                 Recap of Project Benefits

 

                 Long-term capital investment

                 $1,000,000 in UISD annual property tax revenue

                 Assets will be on city tax rolls long after the abatement

 

                 New Technology

                 Long-term electric reliability

                 Much lower emissions

                 Quick start capability

 

                 Economic Impact

                 Estimated annual local impact $9,000,000 (local suppliers, etc.)

                 Estimated 75 indirect jobs created

                 Ability to attract high-tech industrial companies

           

                 Council Consideration

 

                 Investment decision will be heavily influenced by financial impact of state/local                         

                 Incentives

 

                 We have already received formal incentive commitments fro other communities under

                 consideration.

 

                 Request a commitment from the City of Laredo and Webb County for incentives (e.g.

                 MOU or resolution stating amount/level of abatement.

 

                 ASAP

 

                 Topaz’s capital committee is currently evaluating all projects and will be making

                 investment decisions on December 10th. 

           

                 Carlos Villarreal, City Manager, stated that the Utilities Director has reviewed the pilot

                 project and it has a lot of promise.  He recommended additional time for staff to return to

                 City Council with recommendations.  The technology will have a positive affect to the                 City of Laredo.  He explained that he would like to return to City Council with sight and

                 funding possibilities. 

 

                 Cm. Landeck asked that the City Manager to consider both possibilities including the

                 cost of the treatment and the cost of bringing the water down.

 

                 Motion to instruct City Manager to negotiate on a pilot plan project for converging                     sludge and solid waste into ethanol and treatment of brackish water. 

 

                 Moved:  Cm. Garcia

                 Second:  Cm. Garza

                 For:     7                                          Against:  0                                            Abstain: 0

 

                 Mayor Pro Tempore Belmares informed City Council that the City may be able to set up

                 the pilot program through the well at Santa Isabel which produced brackish water below

                 the water.    

 

                 Tomas Rodriguez, Utilities Director, confirmed that the City of Laredo does have

                 brackish water.

 

                  Motion to instruct the City Manager to enter into a discussion with Texas A & M                       Department of Chemical Engineering to consider the possibility of converging sludge

                  and solid waste into ethanol and treatment of brackish water.   

 

                  Moved:  Mayor Pro Tempore Belmares

                  Second:  Cm. Garcia

                  For:     7                                         Against:  0                                            Abstain:  0            

 

VII.     STAFF REPORTS

 

            2.  Discussion with possible action regarding the licensing, regulations, enforcement

                 policies and procedures of 8-liners and any other items incident thereto. 

 

                 Richard Raymond, State Representative, gave a comprehensive report explaining that              

                 the Texas Constitution prohibits gambling but allows municipalities to regulate the laws

                 concerning eight liners and entertainment devices.  He explained that if an establishment

                 issues more than five dollars it is considered gambling and they are breaking the

                 law.  He further explained that the voters of Texas can change the Constitution with 2/3rd

                 of the legislature; however, establishments like Peter Pipers will no longer be able to

                 operate.  He acknowledged that there are establishments throughout Laredo that are

     breaking the law and further agreed that they must be stopped.  He noted that he would             be available to assist the City of Laredo and the County officials.  He made several

     suggestions, including implementing a law that would charge violators with a felony

     instead of a misdemeanor and they would not have the ability to open another   

     establishment. 

           

                 Keith Selman, City Planner, stated that the eight liners are currently allowed in the B-4               zoning designations; however, there is a distance requirement from schools, churches,

     and residences.  He noted that the City Council agreed to a revision that changed the                             measuring mechanism and essentially deregulated it which reduced the distance                       requirement from residences and other residential zoning designations.

 

                 Mayor Pro Tempore Belmares advised that the intent was not to allow them to be closer           to residential areas but to measure differently. 

 

                 Keith Selman, City Planner, advised that one of the provisions of the conditional use

     permit is that the applicant must conform with the provisions of an ordinance and by

     loosening the terms of distance requirement it made it more flexible for the applicant to    

     receive a conditional use permit under a B-3 zoning.   

 

                 Cm. Garza asked if the City of Laredo audits the eight-liner businesses.

 

                 Erasmo Villarreal, Building Director, explained that the City of Laredo staff does

quarterly checks on the permits to make sure that they have not increased their number    

of machines as opposed to what was initially reported during the application processes.     

 

Raul Casso, City Attorney, advised City Council that the permitting fee must have a    

rational relationship to the actual cost of enforcing or issuing the permits.  He continued to say that the City of Laredo is discussing the possibility of creating an enforcement team which would require additional resources.  Once the City establishes what the enforcement mechanism will cost, they can raise the permit costs or fees accordingly. If the fees are raised without any reference to what it actually costs, the City could be in trouble.  He mentioned that there is a request to allow the city to revisit the permitting process.  He suggested that there be a relationship to the costs otherwise the City could be charged with a punitive act with no basis.  

 

Keith Selman, City Planner, suggested implementation of a license process which would   allow the City of