Neighborhood Commission - Regular Meeting

Good evening. I'm opening up the meeting for the San Marcos neighborhood commission meeting for Wednesday, 11/19/2025 at 06:03PM. Yvonne, if you'll please call the roll.

Samantha Benavides? Here. Robert Eby?

I'm here.

Rick Kennedy? Here. Bobby Garcia Hernandez?

Here.

Michael Adams? Roland Salcedo?

Here.

Michael Vernon? Rui Gleason? Heidi Holiday McKittrick? Jason Valdez?

Here.

Tyler Barstow? Here. Absentees are Michael Adams, Michael Vernon, Ruah Gleason, Heidi Holiday McKittrick, Alexis Van Zanaris.

Thank you. Okay. The next item on our agenda are sentencing comment period. Citizen tuition it's three minutes per citizen, and persons working to participate or speak during our citizen comment portion of the meeting must email y@SanMarcosTX.gov prior to 12PM on 11/19/2025, the day of the meeting. A link to join by a mobile device, laptop, or desktop computer will be provided for participation as well as a caller number to join in by phone as soon as the comment period. Do I have anyone to stand up?

We do. His name is John Mayberry.

Okay, mister John Mayberry. You have three minutes whenever you're ready.

Hello, everybody. I'm here.

Oh, no.

I I gave the folks here, the commissioners here, a hard copy of a flyer that's nice visual aid. I've given Yvonne a website that's reflective of the same information. It's sanmarcosdatacenterproject.com. You all can reveal that or review that at at your leisure. Julia is gonna cover a lot of the facts around this in terms of, you know, this is crystal clear water.

It's Pedernalis Electric. And a lot of that will be something that people that were on the commission in February have already heard. And so I don't wanna double up on that or waste anybody's time, but what I do wanna say that that is different is those items that are green check marks on the flyer, and they also show up as green check marks on the website. Those represent items that over the last nine months, as we've met with all the city stakeholders, have come up as repeatedly really important items that we have said in public comment that we're gonna put in a a binding restrictive covenant. And so just to cover those real high level, it limits water use.

Even though it's crystal clear water, it allows San Marcos to to control water use. It exceeds drainage standards.

It exceeds impervious cover standards. We've committed to do a LEED certified building. We've committed to doing better than the sound ordinance in the city limits. We've restricted a couple of uses out of light industrial.

So this is a light industrial rezone application. No waste related and no warehouses. And then I just want everybody to know that there are no variances being sought to code, and there's no tax breaks being sought from the city. And and then I also would encourage all of you to not take my word for any of the stuff that I say in q and a. If it's utility matters, I would double check anything I say with Tyler Tyler, your director of utilities.

If it's a water matter, I would refer you to the Hill Country Alliance report that they just did on data centers, which I think presents us as one of the good guys. I think there's there's good water users, there's bad water users, and there's everything in between because of what we're committing to. We're in the good bucket. And then I just want to present this as a really it's an opportunity, as I see it, for the City Of San Marcos to have one of these state of the art, LEED certified billion dollar facilities out next to a heavy industrial power plant. And it's gonna create over a thousand jobs, and it's going to exceed environmental requirements.

And the water concern is not a concern because of the restrictive covenant. And that's another person I would talk to is your city attorney, Sam. He will weigh in on how strong the restrictive covenant is. If it's toothless, he'll tell you. So other than that, I just wanted to be here for questions when we get to the agenda item. Alright. I'll shut up.

Thank you so much. Do I have anybody else Yeah. That participate? Okay. I'll go ahead and close the senate and comment period at the the portion of the meeting at this time. Moving on to our next agenda item is approve consider approval of a minutes by for 09/17/2025. I'll give everybody a few minutes to review those. So we needed to have our meeting last month and refresh everybody's mind. And then after that, I'll be seeking a motion for approval or amendments.

I motion to approve the minutes.

Thank you, Robert. Can I get a second?

I'll second. Rick. Do you call the vote, please?

Samantha Barbados? Yes. Robert Eby?

Yes.

Rick Kennedy? Yes. Bobby Garcia Hernandez?

Yes.

Michael Adams? Roland Salcedo?

Yes.

Michael Vernon?

Yes.

Oh,

hey, Mike.

It's Rui Gleason. Heidi Holiday McKittrick. Jason Valdez. Yes. Tyler Barstow. Yes. Alexis Monzanaris. And for the record, Mike Vernon is not absent.

K. Moving on to our next agenda item. As you all know, we have several guest speakers today. Our first one will be Allison Brake with the historic preservation officer from the department. And we will receive a presentation on the draft historic preservation play plan. She'll do her presentation first, and then we'll go to the question and answer session after she has completed the full presentation. Allison, it's all yours. Take the time here.

Yeah. Thank you all for having me. I am the historic preservation officer, and I'm the project project manager for this very important project to our community. I'm very excited to present this to you all tonight. I know it's the first time for some of y'all seeing this preservation plan, but I do know that

there have

been others

who have provided input into the plan. And for that, I just wanted to say thank you for that. So preservation plans, like other city planning documents, really provide guidance. They provide recommendations and assistant with future decision making. They're not mandates. They don't require the city to take action or to take action in a particular manner. A lot of cities provide, in their comprehensive plan, they provide a chapter of preservation within their comprehensive plan. Our recently adopted preservation plan doesn't include a chapter, but there are very there are a lot of preservation minded goals. And these goals are also echo echoed in our downtown area plan. There are other area plans that we're working on, like, Lakewood Gardens area plan.

You can think of this as a strategic road map for press future preservation efforts. This provides a comprehensive overview of federal, state, and local programs and policies while also analyzing local conditions. The analysis then leads to tailored goals and strategies that are designed to strengthen and enhance the community's preservation program. These plans are usually updated every ten years, and a development of a preservation plan is one of these activities that are encouraged for cities to participate in the National Park Services certified local government program. San Marcos has been a member of the THC, Texas Historical Commission's CLG program for thirty five years in good standing.

And it's really what makes us competitive when we look for grants at the federal and state level. And so taking a little bit of moments to talk about how this project is funded. A majority was funded through the capital improvements plan, but in April, we did receive a $5,000 grant from the National Trust for project historic preservation. This is a national nonprofit organization, that lobbies for preservation policies and funding. They take care of at least 30 historic sites that are open to the public, and they provide resources and support for local preservation efforts through grants like this, technical assistance, and training.

And one of the key requirements of this grant is that the preservation plan must be adopted before the February next year. So this plan has been in in review or in draft mode for a full year. And while San Marcos holds the distinction of being the old one of the oldest settlements in the country, our preserved history doesn't currently reflect our population. So recognizing this opportunity, we, to, you know, tell a more elevated, history or to elevate our diverse history and to tell a more inclusive and complete story. San Marcos contracted with SanTech last year.

SanTech is a national nationwide consulting services corporation or corporation consultant, to develop our first stand alone. This is the very first time we've ever, you know, drafted a document like this, and protecting, enhancing the natural, cultural, and historic resources of all San Marcos communities through neighborhood stabilization, thoughtful growth, and compatible development was a goal of our recently adopted comprehensive plan. This, adopting a citywide historic preservation plan was an action item that was identified in that comprehensive plan to achieve that, and, this is also echoed in our city council strategic plan. And, again, it's been in development for a little over a year, and we're looking towards a February adoption at city council. As usual, we like to go big when doing public outreach, and so this involved talking to a variety of people.

Our consultants interviewed a stakeholder group, in the 2024, and this was to gain an understanding of the community's experiences, preservation values, as well as what our current preservation climate was here. The stakeholders represented a cross section of the community, which included homeowners, representatives from underrepresented groups and cultural groups, members of the historic preservation commission, and city staff. So these surveys then help to draft a community wide survey that was digitally available in English and Spanish, on the project web page. There were also hard copies at our public library, at our offices, at the activity center. And then about halfway through that process, we hosted a pop up event at the library to make sure that we were trying to engage a a really broad to broad a broad participation rate.

And I think as a result of that, we received 426 responses, which is really great for us. We don't normally get that kind of input on a survey. 423 were in English, and we did receive three in Spanish. We also held two community workshops, one in the fall of last year and one this past summer. We had 89 people attend across those two workshops, and we received 313 comments.

The draft plan was then put online for about a month where we then received 389 comments, and 210 of those were in our from the public, and a 179 was from our historic preservation commission steering committee. We also as always, we like to provide take home toolkits for those people who come to the workshop and might have neighbors who can't make it, or it's just a lot of information they need and sit with it before they can get us on this. I think that always helps to get people giving us information. And it's not a shock that we found that, you know, if San Marcos really values historic preservation, and they support it. People that participated want to see more historic properties identified and designated, and they also want to see the city provide more information about local history or what economic incentives and city preservation efforts.

So I'll just kind of briefly go over the plan itself. It starts out with an executive summary that tells gives you kind of a broad overview of the document, what it contains, why we set out to do it. Chapter one, you can think of it as preservation one zero one. It talks about, you know, preservation generally throughout the nation as well as the state and, identifies various governmental agencies that are involved in preservation. Chapter two, other than the goals chapter might be my favorite because it's the historic it's the timeline of San Marcos, and it's intertwined with, both national and state milestones, and there's some really cool pictures.

And it's just really nice to look at. It's fun to see how the city, good, bad, ugly, all of it. Chapter three is what where you'll find, a review of our demographics, the current, historic districts and properties, community partners, all of our cultural and natural resources, as well as a review of our past preservation projects. Chapter four briefly summarizes our governmental structure. It includes departments who manage programs that are adjacent to preservation like our main street department, and it also provides an evaluation of our current preservation efforts.

Chapter five is probably the meat and the potatoes of this plan. It's our goals chapter, and it basically outlines the findings from the assessment in prior chapters, and that's how we come up with our goals and our solutions. And in this plan, the solutions are the recommendations. And then we'll have the implementation matrix, which is our tool to help guide us and monitor how we are making any kind of progress on this plan, and the appendix is really where you'll find everything else. A glossary, abbreviations, you'll find all of our public outreach and responses, as well as a list of potential funding sources for all of us.

It is a very in detailed plan, and it feels big, but it's very flexible. You can read it at your own leisure, but it's it has to be well informed, and so that's why we have that that much information in this plan. And you have to remember, it's the first of its kind here. So, the goals are community driven, and so they're reflective of what we heard from the public, city staff as well as successful historic preservation planning strategies nationwide. They are definitely shaped by the public's desired preservation efforts and by what matters most to them, which is the the people, the places, and stories.

The goals are organized into five focus areas, and each of those focus areas has, like, a subcategory within them. So that's administration, survey and recognition, economic development, signage and wayfinding, and engagement and education. So we are always strategic and intentional about intentional about tying what we hear from the public back into a plan. So each focus area will include key findings, which you'll find on the right page, And that's where you'll find what was drawn from public input, what we heard from the public, as well as what we reviewed against our own city codes and processes. And then on the right, you'll find the solutions, which are the recommendations that are help to respond to the strengths and challenges of our preservation programs.

You'll also find some goals include snapshots that will highlight those potential partners who could support these successful implementations of these specific solutions. Also included throughout the plan are case studies. These case studies are just showing us similar communities that have experienced success with specific recommend or yeah. Specific recommendations. What you see on the screen is a case study on the San Antonio Deconstruction and Circular Economy program.

They have a very successful material innovation center leading to Heritage Trades Academy. These case studies really just show us that it can be done, and we don't have to reinvent the wheel. I know San Antonio is larger, but, you know, looking to them to help guide us in our process, It's just nice to know we're not alone. We somebody's done this before. I'm not gonna go through each survey or focus area, but I will touch on a few of them that I think are important.

Survey and recognition focus areas where we talk talk about documenting, historic places that define our unique culture and character. This work really ensures that these resources are preserved and celebrated and maintained for future generations. It's when we have a, you know, a thorough inventory of cultural and historic assets that deepens our understanding of the city's past, but it also helps to support future preservation efforts. So some of the key findings in this focus area reveal that our preservation efforts don't yet fully reflect our city's diverse histories. There are a lot of properties that meet the age criteria for designation, which means that they just have to be 50 years or older that remain unsurveyed and unevaluated.

So there are also untapped opportunities to help share that more inclusive and comprehensive narrative through designations like a cultural district through the Texas Commission on the Arts. And what you see on the screen are just a few example solutions like developing thematic context statements to document, history. Some of those that those histories can be, you know, indigenous culture history, black history, women's history, and then identifying and coordinating with partners to help apply for the TCA or Texas Commission on the Arts designation. Economic development is a big one. That's where we will look at potentially expanding or, you know, maybe even creating new incentive programs to that will hopefully encourage investment into historic resources here in San Marcos.

Some of our key findings show that most properties within our designated historic districts or designated landmarks, they are non income producing. So they because most of them are residential. So, therefore, they are ineligible for federal and state historic tax credits, and there are no local tax incentives for historic preservation, which unfortunately can create financial hardship. Especially for those who have inherited these homes, a lot of these homes, again, are 50 years old, and these are the ones that we have at risk for being sold, for being demolished, or we lose them to neglect. Sometimes these properties are tied up with legal challenges like airship rights, and, that just makes it a little bit more challenging to preserve and to to keep that that that memory infrastructure in the city.

On a positive note, we did adopt the international existing building code, which is good for downtown because it makes those older structures a little bit easier to adaptively reuse. One of the most frequently heard things that during our public outreach that we heard was that there really needs to be some sort of city funded or funded program to support home improvements no matter whether you're designated or not designated. There are families who don't want formal designation because that comes with some restriction, but they do value the cultural significance of their home or their neighborhood. The community also expressed a strong interest in helping to find descendants or help descendants find ways to retain their properties that they that have been passed down and helping to support the excuse me, helping to support them. So on the screen, you'll see those two solutions that are in the plan that will hopefully help get us there.

The last one I wanna speak on is the engagement and education piece. The focus area aims to update, enhance, and expand existing programs, and, hopefully, this will inspire greater public involvement in preservation. And, hopefully, you know, when we approach it in a creative way, we can show that preservation can be fun. Some of our key findings is that we really do have a an opportunity to tell a more inclusive representative story through creative approaches. We have a we're starting to have a really strong art scene, art, murals, interpretive experiences, and the community really emphasized the importance of art that reflects our diverse history and heritage, and there's potential to elevate these underrepresented voices through partnerships with local artists and preservation groups.

Additionally, we've heard that guided or self guided walking tours are not regularly offered or promoted, but this just presents another opportunity for deeper engagement, and it shows that preservation can be fun. We can do fun things. Moving on to the the adoption process. The project schedule on the screen was built around that grant that I spoke of earlier. The grant, again, requires Citi to adopt the plan no later than the February.

It is an extensive update and adoption process, but this is what we did for the comprehensive plan. It's what we've done for our area plans. We try to give all boards and commissions enough time to sit with information before taking it forward to the adoption phase. Formal adoption of this plan will start on December 4 when I will be taking it to the Historic Preservation Commission for a public hearing and their action. Then we will follow that with the Planning and Zoning Commission, And we anticipate taking this plan to city council on January 20 for the first public hearing and then wrapping it up with an adoption on February 3.

So you can explore the the plan on our website, which is San Marcos T X Dot Gov Backslash H P P. You can see the draft plan, see the project timeline, all of our past events are on there. And there's a cool feature that if you have historic photos, you know, we don't have a there's a lot of stuff at the library, but if you have something in your house that you think would be cool to, like,

see, We

have a little photo submission on that too. So that would be great. And I just wanted to take this time. I know miss Garza Fernandez has provided some input that's been really, really helpful and really has made it kind of more robust. Roland, you've been at at some of our meetings, so I just wanted to take this time to say thank you. This is a I think we all share the same vision of celebrating and preserving our heritage. I think that this is. So with that, I just wanted to say thank you for having me tonight, and that concludes my post.

Thank you, Allison. Okay. I'll start first. Does anybody have any questions or comments for Allison? Can you let me

know if wanted to see if I

And you have your number. Okay. Well, I do, but I'll let you go.

You should go ahead, Rohan.

Okay. So with the with the web on the website, does it share the windshield survey that was done a few years ago? All that information were proper because you had mentioned that there were that part of this new historic preservation plan was to do surveys and identify properties when we did that, like, four or five years ago. Yeah.

So that's that's what's called a historic resources survey. So this preservation plan, you can think of it as a comprehensive plan for preservation policy. So it doesn't go out there and identify. It just maybe says, I know one of the recommendations is to to look at starting to plan for a 2028 survey now. So that's in that respect, it doesn't it doesn't say anything about the windshield survey. It does reference a lot of our past surveys in that chapter three.

Mhmm.

So it'll say, you know, in, like, the '82 general surveying, but it's it doesn't necessarily those are two different things. The historic research survey is like an inventory list. Right. And this is more of a policy guidance doc.

Well, because the reason I was asking is because I think it would be a valuable tool for people to be able to access it and be able to see whether whether their property was considered low, medium, or high priority.

That is on our website.

Okay. Because, you know, like, I know that, like, when I did the south and east side with the consulting company, we talked we got down and talked to a lot of people to let them know. Yeah. But I think, you know, you know, we just got, what, like, for the four thousand minute book. That's all I I think. It would be good as a resource to be able to access and check the property and see if if it was identified in the media market.

Yes. We do I will say we do have a map, an interactive map online that you can click on it, and you can see the the results of that survey.

Okay. Good. And then when you mentioned about the job looked into San Antonio's deconstruction ordinance, And and, you know, I couldn't really see. But so in that deconstruction ordinance, does it identify, like, where the funding comes for from? Like, is that put on the developer? Is that the the city? I mean, like, the city have a a budget or something in San Antonio?

Yes. They do. Yeah. And it would probably come from you know, it's it's kind of all how we would set up the deconstruction program. Right now, we don't have anything in our code that requires deconstruction. So, you know, I think all of that would come at the time. Like, the preservation commission says we wanna move forward with that and city council says, yes. We want you to move forward with that, then we would look at the structuring of that program and try to figure out, you know, where all that funding comes from. But I I wanna say that I'm 90% sure that it does list, like, funding mechanisms.

Oh, okay. Good. Because if that's something that I would like to see

Okay. Done.

That's all for me. Go ahead, Robert. Okay.

First question. What what is the restrictions upon a property if it gets designated as historic?

So if it becomes designated historic, any changes to the exterior of the structure, like, you want the easiest thing that I'd say, if you wanna change your your shingled roof to a metal roof, requires you to go before the historic preservation commission for what's called a certificate of appropriateness. That certificate of appropriateness is what I would review based on our design standards and national design standards. We call those the secretary of the interior standards for rehabilitation. It goes through that review process, and then I present to the historic preservation commission, and they make the determination whether it's appropriate to change that. But if you were doing something like, oh, I'm just patching my my wood siding with some more wood siding, you don't need to go you might need a building permit, maybe not, but you won't need a certificate of appropriateness.

So as long as it's not changing the design or the material, you won't need a certificate of appropriateness. If you're adding on an addition to the house, that that's when we really start to look at, like, how it you know, is it appropriate? Does it does the new addition take away from the integrity of the house? Are we gonna still be able to tell that it's a historic house? You know, when you see these kind of older homes with, like, giant backs, you know, you wanna make sure that it's it's seamless. It it it's a you know, that it it matches the character of the neighborhood.

And and and sustainability reasons would be considered in that determination. Like you mentioned, wood shingles, the metal roof. Metal roof is way better Sure. In every respect. Sure. So that would be, like, taken into consideration. This is gonna make the home more sustainable, more efficient.

Yes and no. We do have a sustainability section in our design guidelines, so we do take those things into consideration. If we had a historic district that they were all shingled roofs and that was the character defining feature of that neighborhood, we might not be allowing a lot of, metal roofs. But, like, solar panels, that's another thing. The state require we can't regulate that because that's a state requirement. Says that municipalities can't

Yeah. What is the advantage to being designated? What what is if this hypothetically, my home has been designated now and I have these restrictions, what is the benefit to me or to the property owner?

Good question.

About Okay.

So not really It will say.

The distinctions.

A lot the distinction, you know, there's the idea that at least from my perspective, when you have an and this is why I pushed so hard for incentives because we do need some sort of some sort of sort of people who are taking care of these older home. They're taking care of the memory infrastructure. You know? When you when you lose that memory when you lose that material, it's gone for a long time. You know? You don't get that back. So right now, I you know, uncouth for me to say, but there's not a lot for us to reward those people with.

Yeah. I mean, rough statistics, but something like 10 to 20% of energy consumption is gonna be a new buildings, new new homes. The other 80 roughly 80% of energy and potential energy savings is existing building stock. So making current buildings more efficient is can have a bigger impact than building green buildings. Every building new building you build could be green.

It won't have the same impact as retrofitting old homes. That's where the big buck not bad term, but big bucks are located is retrofitting new homes. So having that as an ins a benefit incentive, I know you've identified it. But I know the utility does have some programs for that.

This is where sometimes preservation kind of butts up against environmentalism and sustainability because people want to rip out their old windows when

Yeah.

Know, windows are a character defining feature of a home. So that's a lot of the where we it's not saying, no. You can't. It's like, let's take a beat. Let's see if we can, you know, repair what we can. There's new things now where you can keep your old window, but insert things on the inside that keep the house a little more energy efficient so that you're not losing that, you know, that energy out the old windows. So it's just really trying to educate people on those that new technology. There's new technology that's coming out all the time for old homes.

New technology with the Right. Yeah. Store phones.

Yeah. And that's something that we

Don't get it like

an anti Swiss but for the city. But

Right. And that's but that's actually one of the recommendations within this plan is to identify or to create some sort of resource for people. And for anybody out there who's in an old house Scott's List, that's a great one. It's it's like Angie's List, but it's only Texas. So,

yeah, that's that's you know, I'm I'm a sustainability professional, so that's where I vote up against this word preservation.

A few year I believe they've probably been, like, thirty seven to ten years ago, mister Merriweather Robert Werther had we had a meeting at his church with his foundation to discuss, you know, whether or not they wanted to receive, you know, the God said they have the church. And they all said no because the church would get so cold in the winter, and they weren't allowed to change the windows or do anything. And then, of course, at that time, they didn't have, like, the new technology that we have. Like like, there's actually believe it or not, there's a blind system. I don't know if you've seen that, but there's actually a blind system, like, you know, like most of you know, you have the window blinds or shades.

This blind system actually, like I'm not sure what the material is made of because I haven't found that point to it, but it does block the outside element temperatures of coming in, and

it should cause pretty pain. It would it would keep it cooler in the summer. It wouldn't keep it warmer in winter. Yeah. Anyway, that's that's a digression a little bit. But my other con so that's, you know, or big consideration to think about. The other question I have is, I know I think it was some years ago. It was in this commission, though. We talked about doing a better job at identifying the place names. We have all these streets with names, Centimeters Allen, for instance. Who the heck is Centimeters Allen? Why do we have a street name Centimeters? Having we have a lot of people place names.

Well, you know, Centimeters Allen actually used to be called Remalucio. Okay. When that

After the park the park is named that now, but No.

The was Remalucio. In the park the park was named Remalucio because it was on Remalucio after the after Mr. Lucio, which was one of a a prestigious well, I shouldn't say prestigious, but a very influential Hispanic leader in our community. At that time Mhmm. That's when that neighborhood, the East Guadalupe neighborhood, was actually a full thriving neighborhood before all that before all the homes were knocked down, before, you know, the rest of the park, before all the city bought all of that stuff from them.

You know? All of that was a private neighborhood, and he was a leader in that neighborhood.

So one of the things I I want to see the city do is even if it's a list, a walking tour is better. Have some identification of these place names that we see every day, but nobody knows the history. You you've been around long enough. You know the history of some of these. Probably not everyone, though.

No. I I I I I I I don't know everyone. I like, I would tell you there's a lot of Hopkins.

Why is Hopkins named Hopkins? Like, there there's a reason for these. But

There's a lot of North Side, you know, streets and locations that I'm not familiar with. I only know the South and the East Side because, one, of, you know, my family and generations sharing that information with us as well as me researching and looking into protecting and preserving our heritage and our cultural, you know, districts.

I wanna I wanna know. I love San Marcos. Well This is my thing, and I wanna know more about it. Like, how do I learn more about it? How do I do?

Plan. Yes.

Have a

of homework.

Said north and south side. That's the way it's supposed to be.

That's what

the compass is. Oh, you got I 35 direction.

Yeah. So does anybody else have any other questions or comments? Thank you, Allison, very much for letting the the very informative presentation. And everybody, I encourage everyone to visit the website and, like Robert, look into the history of our community. It's beautiful information.

And so moving on to our next session. Mean, our next speaker is gonna be David Sokop from planning he's the planning manager with planning and development. He will give us a staff presentation on proposed amendments to the San Marcos Land Development Code and design manual. After his presentation, we will open it up for questions and answers. David, it's all yours. Thank you for being here.

Alright. Well, again, good evening, everyone. My name is David So to, planning manager. I am very excited to bring to y'all the discussion and amendments to the land development code that we are and design manual. Vision SMTX was recently adopted in October 2024.

And as you all know, this is the SunMarcus's long term. It's a twenty year plan for guiding growth, just like kind of how Alison mentioned, you know, that fee comprehensive plan. And so what we're doing now is the land development code establishes the rules and standards for new development. And so within the land development code, which is this beautiful binder that we have, it talks about land uses. It talks about subdivisions, setbacks, sizes, density, parking, signage, environmental, landscaping, infrastructure.

And so what we're really doing now is we are updating the land development code to match the comprehensive plan. And so in we also provided, received updates from or input from different stakeholders. We sent out a survey to about 6,000, individuals that have done development within the city and received feedback from that. We've also incorporated city council direction as well. We've also, incorporated different boards and committees.

We have quite a bit of committees that are going on, and so we have incorporated edits to that. So as far as for the updates in August, city council did authorize updates to the development code and design manual. We have over 400 edits that are being proposed. I'm not going over each edit tonight. We will be here all night, but I am just going through a couple of different ones from different topics.

They also you know, this isn't just a planning book. It's just not just used by planning. It's used by parks department. It's used by utilities. It's it's it's it's basically the guide or it's not the guidance, but it's the rules and regulations of our city. And so there is some stuff in there about water preservation. There's stuff in there about trees. And so we're gonna go through each slide quickly. I also have low battery, so we might need a switch. But so the first edit that I have Yeah.

Go for it. Yeah. So the first edit that I wanted to bring to y'all is, this is a number two type. And what we're doing here is we are now shifting the responsibility of posted notices to the applicant. In addition, we are updating the signs to reflect to state law. And so right now, posted notices are required, by the city. So we go out there and post notices. What we're doing really is and you're gonna find a lot of these edits are really just to conform to state law. We do land development codes edits every year, so this isn't nothing new. I think maybe y'all were part of the last one that we did.

Sometimes they're big. Sometimes they're small. This one's probably not a big major change, but we are trying to find updates to comply with state law. I think another couple updates is we find some typos and grammars that we we see. And then that, again, some of them are coming from, you know, committees or problems that we found that just doesn't work with each other, and so we're making those edits.

So this is just one of the edits that we're doing. This is edit three dash six. And so this recommendation clarifies that the first six units are exempt from Parkland dedication. Again, this was already stated in this section, so I just wanted to show you a different example. We're not we're not changing anything.

This was already included in chapter three. Chapter four or number four dash 22, this edit was to allow flexibility for homes on smaller lots. This change allows the porch to not be super large on small homes, and changing the minimum depth to four feet with a minimum facade width of 35% will allow the porch to be usable while providing flexibility. We've we've noticed that there was a lot of issues in our permits, and so we did reduce that a little bit to get to allow more flexibility on these smaller homes. Four dash 33, this edit was to allow neighborhood density four to allow duplex building type.

The, building type is this is coming kind of from the comprehensive plan. So, again, the comprehensive plan had recommendations already, and so we're just aligning this land development code to that comprehensive plan. So four dash 56, this is a, we are creating a development overlay regulating plan. This option may be considered alongside zoning request to provide assurance regarding certain development standards such as height and use. This amendment is intended to address the request to incorporate a version of planned development districts.

This was requested by city council, and so it's gonna be a tool that we use. We used to have a lot of planned developments, and we were not doing them anymore. But this is sort of a lighter version of a plan development. And, again, it's gonna be focusing on the height and use. This is five six and five seven. This was adding in microbreweries and data centers to the land use matrix. You know, our land use matrix, there's always these new uses that come up. Right? And we're never you know, we're probably gonna be adding uses every year. And so these are the ones that we're adding them.

And as you can see, c are limited or or are permitted in certain districts, so we are adding those as well. There's a few other ones that we're adding, but these were the two that I did provide. Five dash twenty three and five dash 24, we are providing, more specific definitions for microbreweries and data centers. You know, when it's adjacent to a residential use, we did add some provision that it needs to be structures need to be 200 feet from a property line, fencing screens required. And so, again, these are just definitions that were added and associated with the uses.

Six dash two, this is, adding sensitive feature protection, zones to what is required to be designated when a plot is required for development. So, again, we were just looking to modify the language there to make it clearer for what when it's required for a plot in development. This recommendation is part of the next slide, but, you know, these are just some simple edits that we're making, revising caliber and diameter to reflect the industry standards. And then we're also, removing location requirements for new trees to provide parks departments additional flexibility for new tree planting, and we are also reviewing the criteria for the, tree family request. Six dash 10 is a very simple edit.

This is to, provide clarity clarification that trees, in order for trees to receive mitigation credit, they must be and remain healthy throughout the development process. So, again, just simple edits that we're making here. Some of them are major, some of them are minor, but, just one of the examples. Six dash 10, or, sorry, seven three. This revision would allow on street parking to be counted toward the minimum parking required for projects in C D 5 D.

And before, it was not allowed, so we are saying that it is allowed for this recommendation. Seven dash 32, this recommendation will provide more flexibility to property owners wanting to install a taller fence, in a location on a lot. As long as the fence is set back from adjacent property, we would allow them to provide the fence as long as it's outside the setback. And before so, like, an example, if it's, like, a big lot and they're trying to do their their their structure is, like, 200 feet from the property line, and they wanna do a fence around their structure, but it's pretty far away from the property line. Before, we would require permission from both property owners, But now it's just that as long as you're outside the setback, you would just need to have the primary property owner permission.

A dash three, we added definitions to help us with our conditional use permits. This was recommended by our joint commission committee, which is members of PNC and city council. This is just to give us we didn't have really definitions for these different sounds. So if there was ever issues or concerns with a certain sound, we can, you know, potentially put a condition on this this edit or this this CUP. This is now coming from the design manual.

The design manual, this is adding sidewalk seating areas. We did not have any application or process for it. Even though it was approved by council a couple years ago, we just never added it in the design manual. So, again, we're just fixing that to incorporate that in the design manual. This edit, this was to add a list of pollinators at palette.

So this is really for the Main Street District to enhance and provide, more pollinator plants in the area. So as far as for feedback, again, I did mention we did send a survey to all the stakeholders that have done development in the city. We also received an open or we had an open house on October 9 where the public commented on the proposed edits. We also had an online, comment period that recently ended October 26. For our timeline, we, again, received initial authorization in August, and we have presented to the different commissions, historical preservation commission, October 2, planning and zoning, October 14.

We are here today with y'all, and, we also presented at the Parks and Recreation Advisory Board, October 23. Right now, we are currently updating any of the edits or feedback that we have received from everyone, and, we are potentially moving this to adoption. We would take it to a public hearing at planning zoning either January or February and then to city council in March or April. Again, not this is just a discussion item, but thank you again for letting us speak tonight. And, if you have any questions or concerns, let me know. And that concludes my presentation. Thank you. Thank you so much.

Does anybody have any questions or comments?

There's lighting in there. Right? I I just can't be able to see. There's, like, lighting?

Yes. K. Do you see the screen now? No. Okay. Are you done? No? Okay. So I only have one Yeah. Question that makes I know you guys have been to the city. I I don't follow this. But just for public accesses are this meeting. You said there was, like, four there's been 400 amendments that were opposed that that changes that we made to the Mhmm. That LBC. How many of those 400?

Because, I mean, like, you shared with us some of the how many of those would you say or what percentage estimated would you say are verbiage based as opposed to terminology changes where, like, where you had the where the city first, you know, was you know, like, where you about the notices Mhmm. How it went from city to applicant.

Mhmm.

Now that's, like, a significant change, whereas other parts of

it were just kinda like I I think changing

the way the word was to make it, I guess, maybe a little more

I would say, I think majority are associated with state law or grammar or issues that we've seen. I think, you know, the notice one was a state law one. Again, there there are a couple of different ones in there, like creating a, you know, an overlay regulating plan. That's a new one. It's a complete different one. So we do have a couple of those, but they're not it's not the majority. It's it's it's you know, we we don't have that many that are creating stuff like that. But a lot of them, again, this was just reaction from fixing it to to match the comprehensive plan. Right? Right.

And then a lot of it's coming also from state law. And so we just wanna make sure that we're we're we're following state law.

Yeah. No. And and yeah. And I'm glad for that. But, like, I guess, let me just kinda define it a little bit more just for transparency purposes. What percentage is of of amendments is, like, adding the data centers That's adding the microbreweries and including the duplexes. You know? I mean, again Those are significant changes that would definitely change the community. So

I would say from chapter four, we have about 50 edits.

Just the four. 50 edits.

So 50 out of the 400.

Is that

you wanna add something in that when you can?

Sounds like you're kind of asking which ones are really substantive. Like, they're gonna Yeah.

What what what what I what I like to convey to the people, my neighbors, you know, the community, is I like full transparency and, like, you know, like, automatically, I will tell you this. If you're not somebody like me that is really into what's going on, you know, is following and attending meetings and workshops and, you know, meet talking with y'all and staff and going to the city council meetings. When you hear there's been there's 400 amendments into the LDC, Well, just looking at the LDC alone is intimidating for peep for some people. Me, I love to read all that research, though. But, you know and then you hear, oh, there's 400 changes to that book.

You know what? That's gonna be like you know, there's no way, you know, I'm gonna have the time or I'm even gonna know what to look for. And that's why, like, I like to kinda, you know, put it in layman's terms for people that are not familiar with how the municipality runs and that kind of stuff. And so that's why I like to ask and break it down just so people would know, you know what? There's 400 amendments, but you know what?

There's 50 that are gonna be really, like, I guess, kind of I don't wanna say life changing because I don't wanna make it, yeah, I wanna exaggerate the situation, but I just there's 50 at least 50 edits that will change the the landscape of Yeah. This community, and that's what I want people to look into.

Yeah. So so we do so two things. You know, just kinda kinda scanning through the chapter four. You know? Yes. There are a couple that we're adding, but, again, majority are fixed typos. We said that it was allowed in the land use matrix, but we said it wasn't allowed over here. We're just fixing that. Yeah. The And so we have a justification table on our website, and this is basically what I'm looking at, and it tells you every edit. Okay. And so it's pretty clear. It says, you know, fix minor typos or add this for clarity or so this is probably the best way to kinda get through that. That was just for me for my knowledge. Oh, no. Yeah. No. But this is really

sent me? Yes. I can send it.

Yeah. And I yeah. We can send it again for y'all, but that's where you get all of the edit.

And it is accessible on on web It's online. On on plan on the plan On

the land development code? Yes. The portal? Yeah. There's a link that sends you there, and you can view the justification table.

Wonderful. That's great to know. Does anybody else have any questions or comments?

I don't have my business card as well. So if you like, do you think of something, feel free to to let us know. Like I said, this is going for public hearing I would say. In early next year. So we still have some time, but we are getting kinda close to that end. So please let me know.

Okay. Well, thank you very much for that wonderful presentation. Thank you for your time. Thank you for being here with us. And, again, I encourage everyone to take a look at those dimensions.

You guys have to memorize yourself in case I know. There's anything that might impact your sector or your the people in your sector. So moving on to our next speaker with are gonna be Minnie for the husband Correct. Community engagement coordinator with the animal shelter. She's gonna give us the update on the deer feeding education program. After that, then we'll have the question and answer session. Go ahead, Minnie. It's all yours.

Alright. Thank you so much. So I've been doing a lot of research, looking at other cities' web pages, their brochures, their handouts that they have available for their citizens. The first step, I think, we need to take is creating a dedicated web page, which will serve as a central information hub. So basic information on why feeding deer is harmful, tips for preventing deer conflict, frequently asked questions.

Just a basic education space where we can hold all of this information, like, that it's bad for public safety, bad for deer health, and it can increase vehicle collisions, anything like that. I was able to connect directly with the Texas Parks and Wildlife, just to make sure that all of our information is correct and and working on verbiage that will go across a web page, hopefully, and then some digital flyers as well as printable flyers for citizens in the community. I my presentation is not super long, so that's pretty much all I have for you guys. I'm happy to answer any questions of, like, what will be on that, but that's kind of our next steps is creating that web page and those infographics for, citizens.

Alrighty. Thank you very much, Minnie. Does anybody have any questions?

What's what's the time frame e t estimated time for the website and estimated time for published materials?

So for the website, that's a little easier to get out. We're just finalizing some verbiage. I would expect that to go out, probably by the 2026, early in January. For infographics and, like, flyers that we can have available at city offices, that may take a little bit longer just because we are at the end of the year, and there are quite a lot of reports coming out. But definitely a very easy turnaround for that web page.

Okay. So just for clarification purposes, because I dropped off for a year right when we were doing it when Robert brought this forward. So there won't be any kind of banning ordinances that the city will be proposing? Because I know, like, just from my knowledge, I know that there's a you know, I know neighbors that have issues with each other because one neighbor doesn't want them to be feeding the deer because the deer come to their yard. But this neighbor likes to feed the deer and feel sorry for them because development has taken away their land, and that's why now they're they that's why they're encroaching on the residential properties.

So is is is there any plans, or is there any, you know, work looking into into creating a do you have any land ordinance?

So from

Or are

we just we're in an information stage?

I think we're just in an information stage. From what I understand, there was a potential of an ordinance and that it did not go through. I could be incorrect. I was not a part of that, meeting. But right now, it's the website is going to strongly encourage citizens to not feed the deer with in the nicest way we can say possible.

Okay. That's understandable. Anybody else got anything else? Alright. Thank you, Manny, for

I think Sam. Oh, Sam?

Yeah. Thank you. Yeah. Just I wanna thank you for doing this. I recently well, I guess it's been about two years now, have lived in a house where a lot of deer come by. I'm guilty of being someone who used to feed them when I first moved in because I thought it was cute, and then I learned, that it's actually very much not cute. So, yeah, I appreciate the education efforts around this as someone who has had to be educated on that. I had a question. So you said there's going to be a website. You also mentioned infographics. So those infographics, is that just for social media, or how are those going to be circulated?

Yeah. So, I do believe that, some social media posts, will be needed just to get help get information out and be as accessible as possible. We want this information available in all I cannot think of the word. I'm so sorry. But we want it as accessible as possible.

I can easily get that out on the animal services, web page, social medias, and we can work together with communications to get that to the broader city of San Marcos web page as well. I am hopeful that through this education term, we can also work with communications to produce some video content, just so it's evergreen, and it's always on our YouTube channels and available for people to have a visual aid as well.

Yeah. That's another thing I was going to say. I feel like videos are really engaging, perhaps more so than, like, the Instagram, like, carousels. So that's a good idea. Awesome, Will. Thank you for your work. I'm excited to see, all the comms that comes out of this.

Yeah. Of course. Thanks.

One last question. Meaning, by any chance, has the city kind of identify I know it's kinda it's difficult, but has the city kind of identified, like, high volume areas within the city? There's, like, you know, like, I know there's certain neighborhoods that you will if you go into that neighborhood, you're gonna see that act that deer activity. Has the city, in any way, kind of identified for this high volume, you know, the activity is and maybe thinking of way of a way to kinda once y'all get this up and going, maybe blasting out to those identifiable areas. Because I think, like, you know, like, the Willow Creek area, you know, Westover, you know, those areas where there's high volume directivity Yeah.

I think would be, you know, instrumental to get to blast it up to those areas for sure. Mimosa Circle area, you know, those kind those are the ones that I know for this high volume of their activity and what people are feeding with the ocean.

To my knowledge, I don't think we've done any research into that. I I would like to work on with Greg on potentially some messaging once that website and our basic social media posts are out, potentially to send this to local HOAs just to get them have them be able to reach out to their communities as well as, you know, we can always have what do you call those? Signs that go in yards that say, don't feed the wildlife. Scan here for more information. I think all of those are definitely wonderful, options and definitely something we can look into once this basic information is up.

Well, I'd like to see that happen. Thank you very much again, Minnie, for everything. Thank you for your presentation and for being here with us. Robert?

Did you talk to Joseph Plappert with the TPWD?

I don't have his information up. I actually went to a volunteer fair and ran into some of them there and was able to connect and then connect with the game warden as well.

Joseph Plappert is the gentleman who talked to our commission and gave us the presentation. He's with the San Antonio Urban Wildlife Department, so he's technically at the San Antonio side of it. But he he knows his stuff. He knows what cities can and can't do. Incredibly knowledgeable person at TPWD. Joseph Flapford's a great resource, and he said he wants to work with us. He knows he knows who we are. He came here in person to talk to us, So he's he's a good resource.

I think they gave me that information.

Okay. Yep.

Austin before?

Oh, he he's been with the San Antonio region.

But you don't have that many, I will send that to you again.

Yes. I believe I have the information from Yvonne. So I I do have his contact, and I can reach out to him.

Wonderful. Yes. Does anybody talk to the deer? Let them know.

Thank you. Many.

So he's he's

And we look forward to hearing any update. I think you should be on an email, frankly. Once that website is up and that information is available, anything that can be sent to Yvonne and she can share it with us, I would truly appreciate that. And I'm sure you'll my my specialist. Okay? Thank you, Vasanti. Thank you.

Thank you.

Okay. So moving on to our final speaker in Julia Clery. She's a senior planner with planning development. We're gonna receive a staff presentation and discuss a request by Armbrust and Brown PLLC on behalf of Highlander SN1 LLC and Donald and Germaine Tubb to amend the preferred scenario map from con conservation cluster to commercial employment low for nine for one ninety nine point four nine plus acres of land more or less generally located on the western side of Francis Harris Lane, south of the intersection between Grant Harris Road And Francis Harris Lane in Hays County, Texas. We'll do the we'll get the presentation from her first, and then we'll open it to questions and answers afterwards.

You very much.

Alrighty, Julia. All yours. Thank you for being here.

So Julia Cleary, senior planner with planning and development services. So the site that we are discussing this evening, some of you may remember it from earlier this year. This is a resubmittal of the preferred scenario amendment request for the data center on Francis Harris Lane. So it's approximately 200 acres located in both the city limits and the ETJ. So you'll see the area that's kind of shaded pale white in that on that map that that is currently outside the city limits in the ETJ.

They do have a pending annexation request. And then the other, approximately a 130 acres, I believe, that is currently in the city limits and zone for character District 2.5, which is, effectively single family residential. There is a little square in the middle that you'll see. That's actually a historic cemetery. It's not included in this request.

The applicant doesn't own that property and so that's that's not subject to to this preferred scenario amendment or any of the associated development applications. In terms of surrounding land uses, we do have some rural residential up on Grant Harris Road to the north. To the south, we also have predominantly rural residential and agricultural. Obviously, we have the the Hayes Energy Plant to the Southeast of the property, which is zoned heavy industrial. And then over on the other side of Francis Harris Lane, it's currently currently agricultural and vacant, but city council did authorize give initial authorization for negotiations on a development agreement for another data center with with a separate applicant, so not mister Mabry.

There are related applications. So z c twenty five thirteen accompanies this. So that will be part of District 2.5 or F And F D, which effectively is what you're designated when you come into the city limits to light industrial to allow for that data center to be constructed, and then, obviously, the associated annexation request. This is actually the annexation request is the same request that was submitted with the original application because council did approve that one first reading, but the applicant has requested that that be postponed. The second reading, which basically makes the ordinance effective, requested that that annexation reading be postponed until such time as the zoning, you know, the requested zoning is granted.

And just a little bit of a reminder of the dates. So we had this meeting to the Neighbourhood Commission presentation back in February. In March March 25, Planning and Zoning Commission recommended denial of of the preferred scenario amendment and the associated zoning change request. And when per our code, if Planning and Zoning Commission recommends denial of something, city counts city council needs to have a six to one vote for it to go forward. It then went on August 19, Council voted five two in favor of approving the preferred scenario amendment.

However, because the Planning and Zoning Commission had recommended for denial, the motion failed. And then this month or last month, a new preferred scenario amendment was was submitted by the applicant, and the request is is effective for all the sense that the same. A little bit of a just kind of a context visually. So we do have the application site on the on the right there. Then on the left we have the Hayes Energy power plant.

So specifically the request that we are going through now, this is not for the zoning, the zoning comes separately. This effectively is amending the comprehensive plan. This is amending the overall vision that the city has for this area. Currently, it is called as it's the conservation cluster place type and the applicant is requesting to change it to commercialemployment low. So, everything you see in green there, that is conservationcluster.

The light red for energy plant there, that is commercial employment low, and so this would match the adjacent place type. So just a little bit of an overview of how are specifically what these place types are. So conservation cluster per our Vision SMTX comprehensive plan is to identify areas to conserve and reserve for future development as a means of focusing more intensive development in other areas of the community. Development that does occur within conservation reserve area should be low impact to the natural environment by using a variety of development techniques and strategies. And specifically, it allows for for zoning districts.

It allows for character districts, so these are predominantly residential, manufactured home, Centimeters commercial, which is our least intense commercial district, future development and low intensity planning areas, and this new designation, the requested designation, which is to facilitate lower density, auto oriented office and industrial type uses, primarily characterized by light to heavy industrial warehouse and distribution, lower density office, general commercial, including civic, institutional, hospitality, but specifically and the the most yeah. I guess the the main the main part of this is it does allow for all special districts except for manufactured housing. Special districts being our I would say more of our commercial districts. So commercial, heavy commercial, light industrial, and heavy industrial. Character Districts 4 And 5, which allow for more intense residential and mixed use and employment center planning areas.

So just a little bit of an overview. So the current, obviously, as I said, part of district is 55 predominantly, which is single family. In terms of surrounding zoning, you'll notice that they're only with the exception of the heavy industrial zoning, there is no surrounding zoning. That's because the surrounding area is is all outside of the city limits and therefore is not subject to zoning regulations. There is no floodplain within the property, so this is just kind of an overview of the adjacent York Creek floodplain.

The I guess I'll focus predominantly on the the map on the right here. So we have had questions regarding water. So the city, this this site would not be requesting water from the city of San Marcos. It would be crystal clear and for electric. One of the things that kind of as the application developed, know, previously post post going to Planning and Zoning Commission and prior to going to council, additional restrictive covenants were proposed by the applicant.

They have been resubmitted as part of this new application. So a couple of things prohibited uses, so warehouse and distribution and waste related services would be prohibited. If a data center is constructed, water usage at the data center will not exceed 235 LUEs or 75,000 gallons per day, and drainage facilities shall be designed and constructed so that a rate of runoff from a site or construction shall be 10% less than the runoff prior to the construction for two, ten, twenty five and one hundred year storm frequencies. Impervious cover would be limited to 70% compared to the 80% that would be permitted by rights under light industrial zoning. As mister Mayway had mentioned earlier, they are proposing to construct a LEED certified building, and the sound at the property line would not exceed 70 decibels.

So currently, the our decibels are based on the time of day. Currently our code requires between 10AM and 10PM it can't exceed 85, between 10PM and 10AM it can't exceed 75, and so this would be less than our current code allows. So an overview of the the process. This is the first meeting for for this particular preferred scenario amendment request. It will next it will go to Planning and Zoning Commission, December 9 for an update with no action, and then also to council, December 16, again, update the same as you're getting now, no action.

And then the public hearing, we anticipate taking to Planning and Zoning Commission on January 13, and then it will need to have two public hearings at city council, so February 3 and February 17. And then there will be a second reading of the ordinance, so that's effectively that's when it becomes it would become effective if approved on March 3. So that's that's everything. That concludes my presentation. I see we have mister Mabry for any any questions. And

Okay. Thank you very much, and thank you, mister Mayberry, for being here. First of all, before I open it up to the question and answer session, I would like to share with you all a discussion that we had. Well, not so much a discussion, but a statement from mister Mayberry regards questions that he can answer and questions that should be directed in regards to anything with to do with the electrical usage or water usage should be deferred to the appropriate department. But in regards to the actual data center itself, he's he can answer any of those questions.

And then if you have any questions for Julian, now I'm opening that to question, answer I mean, questions, comments. I got one. Yes. Is

wastewater also included with water? We gotta ask the director for that.

We would so it would be in the city's CCN for wastewater. So we would provide the wastewater, but we would not provide the water.

What I could I ask, is it the minimum or the maximum is 75,075 gallons a day?

Wastewater would be a lot less. It would be it's just for the toilets in the buildings.

Oh, okay. So they're using water, but they're not they're not that that water stays there.

No. Okay. The reason for the extra water versus the wastewater is for the initial charging for the the cooling that goes into the closed deep system. Okay. So it stays y'all never have to empty that out? Never have to empty that out. No. Because that that I know they see

it to their stations, and those lift stations can handle them on water. But they have to be converted into

Our our sewer use is But it is city city.

You are within the. Yeah. Okay. I got a couple. Go go ahead. You gonna build around the historical cemetery? What what happens?

So and we spent time with the family that's associated with that cemetery. We're actually constructing access, which they don't have now. We have to. Mhmm. We have to maintain access. That's state law. But we're actually going to have a trail, a new fence, and then a plaque that acknowledges the history there. So not moving.

You said it would create a thousand jobs. Can you characterize those jobs?

They're that's largely a construction job. Okay. And it's kind of a conservative number, but I would say that's a that's a number that will be out there for years. And a lot of the jobs in fact, I've talked to some of the GCs on this. Maybe upwards of 50% of them are electricians, plumbers. Yeah. These are pretty sophisticated buildings, and so it's it's the full gamut of construction jobs. Permanent jobs, it's probably mean, like, know, fifteen, fifteen, 15.

K. Last one on July. It's eight in my packet. I think it's a this one. Okay. The the diagram on the left has quite a quite a network of proposed avenues there. Are that part of this project?

Or

So that is the and I apologize. I I skipped that I skipped that one. So that is the the city's thoroughfare plan.

Okay.

So if the city is I apologize. I'm trying to get back to it. So these are these are thoroughfares that the city would wire the developer to as part of their their development when they came into Platt. There have been currently, I believe that there is a there's a single family residential subdivision Platt that is in review for this site. And so Grant Harris, effectively, there was a proposed road that ran parallel to Grant Harris Road, which is currently a an access easement.

It's not a it's not a it's not a public road, and so that was incorporated into the development. My understanding is that this would likely have to incorporate that as well per per the TMP along the boundary of that of that road, unless unless there was a deviation was requested.

K. So are you double fish? Yeah. Okay. So I have a couple of questions. Okay. So first of all, the restricted covenant that that we pro that we're being presented with tonight, is this a new restrictive covenant? And I know some of these things were discussed at at the city council meeting that I was there. But is this the same restricted covenant, or has anything been added as be due to the the high volume of citizen comments and concerns from the public?

So I guess I'll I'll I'll defer to mister Mabry in a second, but there were multiple iterations of the restrictive covenant that were submitted during the last process. I will say that the final version of the restrictive covenant that eventually went to council in August, it's I think there's a couple of things that have maybe been removed from that and have have also been changed. So it's not exactly the same as the latest version, but it's a lot of it's generally, generally the same, but it's not exactly the same.

Okay. Another question is, what is the distance between the proposed data center and the nearest rural residential plot?

So then adjacent so those lots on Grand Harris Road, they are right right next to it. So they would be immediately to the Northwest. Staff had previously for the zoning, we had proposed recommended a a 50 foot buffer between that, a c d one buffer, to kind of establish that different distance. But right now so this request, the boundary is immediately next to Road and build their residences on that road.

So then they only have the 50 foot buffer? Is that what is that what I'm gonna say?

That that's what that's what was discussed with the associate zoning change for this preferred scenario amendment. So the boundary of the preferred scenario amendment, there's no there's no buffer. It's it's it's right next to it.

But in in zoning case, we incorporated the 50 foot buffer, which that's the whole thing they have to go together.

Okay. The so then let me ask. So who's gonna be monitoring the adjustable levels? So this so this since since, you know, you're being annexed, you you the request is to be annexed to the city, and I'm assuming that the rural residential is county. It's not sitting within the city limits.

Mhmm. But so my my, I guess, my my question, my concern would be who's gonna be you know, even though there's they they're stating that it's gonna be under 70. With my experience, some of I've been work doing working with developers, We've always been focused on, and there's no accountability. They have violated not not not on you, just, you know, past developers. And there have been serious violations that there's no accountability because there was nobody monitoring, you know, this the restricted covenant or, you know, whatever proposals that they had made.

So my question is, who will be monitoring these decibel levels to ensure that the decibel level does not increase the maximum the minimum I mean, the maximum that's allowable?

So that would typically be done by phone enforcement. It would be the same mechanism that if somebody complains about, I don't know, a bar downtown, it would it would be the same response that they would get. I I do understand that Grand Harris Road, probably the first person they're gonna pick up and phone is called the county, called the county sheriff because they are not in the city limits. And I would I would hope that, you know, we would communicate with the county that that's something that they should be referring to the to the city because that that falls within city's jurisdictions.

Okay. And see, that's where the problem lies. Can you can you help me, mister Mayberry?

I can. Because

And I think problem. I I think

as we were hearing citizen comment, that was a comment that we heard reviewed. Mhmm. And so what we did was we worked with the city attorney, and we asked him. We said, what kind of teeth do we need to put in this so it's actually a meaningful restriction? And what he ended up putting in there, I think, is the strongest teeth you can I'm not a lawyer, so ask him.

The strongest thing you can put in is injunctive relief, which effectively shuts down the business. I don't think that that's something that you have in place with other sound violators. I don't think you can just shut down a bar maybe after repeated. It's probably a fine would be my guess. But I think everybody said a fine, that's not gonna mean anything to a data center company if you give them a $5,000 fine that's you know, whatever, injunctive relief is a big deal. But I won't opine on it. I I would recommend talking to the city attorney on that because that was his provision to respond to that public comment.

So can you answer me this? So how is it how would you be able to control the decibel level?

Well, there's actually

With with so many machines operating at the same time, how would how how is your data center going to be able to manage and control the decibel level? That's what I wanna know.

So I'm I'm looking at a little

list Okay.

That I have. But before I get to the list, a lot of these data centers, there's hundreds of them all over the state, are built not out by power plants, but, like, the the drive past. Fact, back in August and July, several council members were a couple of different facilities. They went toward the Savi facility up in Austin. They also toured the CyrusOne facility in Austin.

And so they got to see firsthand what the sound mitigation measures did. I thought that that was gonna be a better evidence than me making a list of things, but I will tell you the list of things are these low noise equipment, acoustic enclosure and screens, setbacks and landscaping, strict nighttime noise compliance, and then they use sound attenuation panels. But I think the strongest thing that you have is they're committing and we I'm committing to legally buying this property to that decimal level. If we don't do it, they shut down the business. And shutting down a business like that for even a minute is catastrophic for those guys.

So I think they'll probably take it more seriously than the city does if there's injunctive relief. That's So

playing devil's advocate here. So would there be any way that we could have the city periodically go on-site or across the street or out right off of the premises and monitor decibel levels at random just to ensure that that compliance is being adhered to?

I mean, I don't I don't wanna speak on our code enforcement's behalf.

I I I mean, I I I could send I see code enforcement works Monday through Friday, eight to five. Okay?

Code compliance.

I mean, code compliance. Thank you very much. Yes. Code compliance works Monday through Friday, eight to five. They're off on holidays. And so the people that are the the people in the residential areas, should they do the same thing? They work eight to five, the kids go to school, eight to four, eight to five. So nobody's gonna be home until after five, 06:00. And so, like, this is where my concern comes in because it was so loudly voiced at all the pub every time that I was at citizen comment or public hearings. And so this is where my concern, and I I I researched it.

And that is you know, if you Google it, it doesn't matter what city. It don't matter where. That is the that is one of the number one biggest disadvantages of a data center is the noise pollution and the humming. And so that's what you know, for public purposes, I'd like to see people get on board with something you know, the the revenue is definitely most beneficial to the city. It can also you know, it'll provide more funding for social programs that is needed in our community.

But I want people to be able that that are not gonna take the time or don't have the time like me to go and do the research and check to see, okay. What what do I need to check? What do I need to look out for if I'm gonna have a data center near me? And so that's why I'm coming with these concerns and questions because these are things that have that have already that are happening and already been happening. And so any public, you know, any neighbor of mine, I want them to be able to they come to this meeting.

I want them to be able to say, you you know what? Like, this is I can say. I did ask these questions. This was the response. And then it this way, we know who to reach out to get a little bit more teeth to make sure that measures are taken and adhered to and not just, you know, open promises, empty promises. So that that's the only reason I'm bringing all this stuff up.

Bonnie has her hand up, and so I know Sam.

Okay. I'll go ahead and let them a little bit because I got a couple more. I'll let them. Bobby. Go ahead, Bobby.

I'm gonna go back to the construction. Can you give me a timeline for that that completion of construction? Is it a year? Is it two years?

It'll be built in a phased manner. So it's it's a number of buildings. We don't know whether it'll be five or four or six. And and I was actually talking to a general contractor that builds these today. Sometimes they're so eager to get everything online that they build them very quickly, eighteen to thirty six months.

But it could be that ERCOT or LCRA dictate that the electric on ramp means that every year you can only bring on this much. And so that could prolong the construction. I would say that it's not even gonna start based on where we are today till 2027. And if you phased it after that, it could take five years, so 2027 to 2032, something like that.

And you stated that it could bring a thousand jobs. And am I correct in hearing that only 50 of those would be ongoing jobs in the facility?

That's correct.

Yes. After construction?

After all the construction is complete, the on-site staff is, yeah, something more like that 50 number.

K. And is there anything written into your agreement regarding employment of local businesses?

No. There's not. That's probably typically there's worker protections, I think, built in. I can't remember whether that got in or not.

I don't think that was in Okay. It wasn't in the cover letter.

Okay. Well, there are some proposed worker protections, but that doesn't, which actually don't exist in the city. We'd be, I think, the first to do it. But that that doesn't talk about where they're sourced from in terms of are they local or not. And I don't and I think typically I mean, Julia, correct me if I'm wrong. If we were coming in and asking for some sort of incentive or some sort of tax break, those often get linked with job creation requirements. That's at least how I think of those kind of agreements. And so those two things just haven't come up.

Right. Because I've spent about three decades of of my life working on minority and women and hub minority and women business enterprises and supporting hub programming and disadvantaged businesses. I always look to see if there is ongoing internal policies with construction companies to hire from from those groups. Of course, now those programs are being hit by the DEI backlash, But it doesn't it doesn't deter a construction company from hiring small and local and medium sized businesses to to help the local economy. I I feel very strongly that if you're gonna build a facility in an in an area that the construction teams that are in there should be reflective of the community that they're working in.

There's you know, I feel strongly about that, about schools that are built. They should be built by those construction companies that are reflective of those communities. So that's one. And going back to the noise issue, I can tell you that there I don't know how tight you can make your your agreement. But as a resident that deals with noise in the middle of the night quite often because of a short term rentals in my neighborhood, there's no relief.

And so once once the plant is there or the data center is there, there will be no relief for for the residents. And so I I agree that that's a point that that should be considered. I am always going to advocate for residents because we we spend our lives purchasing our homes and our properties to be able to enjoy those places, home bases. And our our experience has has not been that. So I'm always gonna be protective of residential areas that could be impacted by situations such as this.

Thank you, Bobby. Do you have anything else?

No. I believe those are those are my points.

Thank you.

Yeah. That's right.

Okay. Go ahead, Sam.

Thank you. Miss Gus, I covered a couple of them. One question. I had a couple about water. Who did you say is the appropriate person to ask about water?

I think Tyler is a really good resource on this. He's your director of utilities. I also think the restrictive covenant is very clear on quantifying how much water relative to my existing water contract with Crystal Clear. It's cutting it in half, basically. So but

That's not about the quantity, but I will reach out.

Okay.

My other question, I appreciate you talking about the cemetery there and how y'all are going to work around that and, yeah, kinda support the family in that. I just had a question. You said it's a historic cemetery. What cemetery is that?

It's called the Nicholsbury, I believe. There's there's a couple of cemeteries in the area. There's another one called the John's Cemetery, which I think is it's not on this property. So that's that's the name of Nicholsbury.

Yeah. Okay. And then my last question, is there any kind of significance to this potential center being located directly across from the power plant? Like, any kind of partnership or collaboration with that, power plant and what would that look like?

There's no partnership with them, but there is significance in the sense that this is the only power plant in Hays County that I know of. And so I think that's why we've seen Sevi to the North, Us to the West. There's another group. There's two groups to the South. They're they're congregating around the infrastructure that comes into that power plant. So the power lines, the big 345 kilovolt power lines in that substation, that's what's drawing this. But, no, there's no partnership with the power plant.

Okay. Those were all my questions. Thank you.

Okay. So I'm gonna go back real quick. Commissioner Garza, and I'll just have touched on something that I was gonna ask you about. So one of the things that, you know, has been mentioned repetitively, I think, regarding the 1,000 jobs and all of this stuff. And I happen to be present with I don't know whether you, the company, who somebody reached out to the union to have the union.

There was multiple union speakers that were not from San Marcos, but union representatives. And I had the opportunity to meet with them, and I was quite alarmed to that they even came to speak, first of all, and then to find out the answers of the questions that I got. So first of all, these thousand jobs, one, there's no guarantee they're gonna go to the unions. Two, there's no guarantee that the unions are gonna use any, know, electrician, anybody that is unionized in our community, there is no guarantee that those jobs would be open to those people. And it would be up to the developer whether they even choose to use a contractor that uses a union.

And so I just for true transparency and playing devil's advocate, I just wanna make it I I just want to get clarification or confirmation from you that these statements that I have just made are correct.

Which statements? The

That the the jobs the thousand jobs that are being flagged around, that there are no guarantees or real opportunities for local residents or for any of that money, like commissioner Garza Hernandez had mentioned, that will come into our community. And that the there's no guarantee that the unions will even be the contract the the contractors that are contracted to build this data center that that they will even use the union the union anybody that's in the union. It's based on, you know, the it this the developer and the bid and that that bidding process. Am I correct to to state that?

So yeah. And just to kind of I I guess I'll let you speak, but No. No. But but, ultimately, there's there's nothing nothing is guaranteed unless either one of two things. It's in our code, or it's in the restrictive covenant in the restrictive covenant. So I think a lot of other things, if, you know, if you've heard statements, they're, I would say, aspirational. I guess I'll, you know, you know, ultimately defer to to mister Mabry, but but I I don't believe that there's anything in state law that mandates

No. I understand that. I understand that. I understand, you know, we can't make you pick this, you know, because, you know, it's a business, and you've got to choose the best person for the job. What I'm stating is as a good neighbor that we've had multiple developers that have come and have adhered to their commitment is that any opportunity that we might have available to source San Marcos residents, by all means, you know, they're gonna be looked at first.

Yeah.

That's I guess, you know, this is what I'm trying to to get your the people that are the nimbies, so to speak. I'm trying to get the nimbies to try to have an open mind and to be open to say, okay. You know what? And I would like to see Yeah. I would like for you, if possible

Yep. If

you have that, you know, I would like something to say, you know what? If we can and it is something that someone is qualified, we would like to offer it to a resident of San Marcos

I think all

a company of San Marcos.

I think all things equal, I think we would want to do that. I mean, that builds community goodwill. I will say the first there's probably gonna be dozens and dozens of subcontractors out there. The very first one that I've met with is called the Knox Group located here in San Marcos. They just had a ribbon company for cutting recently.

A group I met with today, which is one of the biggest general contractors in the country, it's called Skanska. Their San Antonio office came up. They sourced their labor from this corridor between Austin and San Antonio. So I I think that's a likely scenario that the jobs will be local. Does someone live outside the city limits of San Marcos in a thousand to 1,500 jobs? Probably. But definite. But I think that's the preference is for those jobs to be local.

Good. And and then just as a statement, I would also like to say that in the event that you do get somebody from Dallas or Fort Worth, I you know, I think one of the benefits of that would also be that we would be getting hot tax money because, you know, I work with a lot of the hotels here. Yeah. And I I know, you know, there I know of at least 30 hotels that do have construction workers that are working on projects within our community that stay there for extended periods until the project is done. So I just wanted to make that little note, like, again, through transparency and just to try to let everybody give everybody all the information that can be available.

I do thank you again.

Bobby's Julius. Oh.

She's coming.

Go ahead, Bobby.

Yeah. Mister Mayberry, have you met with Matt Gonzalez with the International Labor Union?

I have not.

Ah, okay. Well, he was one of the individuals that was at that city council advocating for for your project. And I just wondered if you'd taken the time to meet with I

wonder if he's

He's the one that told me actually, Bobby, that's the one that I spoke with, and he's the one that told me that the that there was no guarantee that the union would even be used. That the contractor would have been but the union worked for. And that's why I was like, why are you here? But thank you for breaking this statement.

I spoke with Matt after that council the day after that council meeting, in fact. And I just wanted to to say hello to Michael Gardini. It's good to see your name even though I can't see your face.

It's good to see you too.

Oh, who's he?

Michael's with Armbrust. The the request was made by them. They filed the cover letter. That's, my land use attorney.

Oh, okay.

Michael and I've worked together in the past.

Okay. Okay. Well, then Oh, I know what what the my last question was gonna be. Was, you know, just in case you know, because, again, like I said, this this was a real big issue is the noise of pollution. Would the data center consider self monitoring?

Like, you know, I'm not sure exactly what roles the the 50 because the last I had heard, it was gonna be 20 to 25 employees. Now when Bobby mentioned 50, that's new to me because when I was at Citi Company, it was at that time, it was, you know, '25, at least 25. But now I'm hearing 50. So is it 25, 50?

I think it's in that range depending on how many buildings are built. Okay. We still don't know if it's I mean, if it's four, it's probably closer to 25. If it's six, it's probably closer to 15.

And then what what what is the criteria that's gonna help you determine whether it's four to six? Because that's that's quite a significant number. If you have 44 is not gonna be as loud as 6. Yeah. Do you get me?

Yeah.

So, like like, when will we know when will there be actual possible, when will the city be able to know whether it's gonna be four, five, or six buildings? Yep. And if it's four to start and there's an option to add another one or two, what kind of timeline? And like I said, what criteria do you all look at to determine that?

So it it'd be simple if it was just about site constraints because I think we can kind of take the shape and start working in, you know, where you can build based on buffering, based on road dedication, based on, you know, the cemetery, that sort of thing. There's huge easements running across that that nothing can be built on. Part of this is being dictated by ERCOT, which I've heard you say the word transparency a few times. It's not a lot of transparency in how that's all working, and it's not their fault. It's that there has been an immense amount of application for what is available on the grid, and it's limited.

And it's just been kind of a rush, and a lot of those applications aren't real. And so, you know, credit to them. They are trying to sort through what is and what isn't. And then when they determine what's real, how much can the real applicants have? So if it's one amount, it's it dictates how many buildings you can fill in. So Okay. That that's the part that I really don't have a sense of. Okay. But there is we can we can probably come up with a cap, like the maximum amount, because that that is determined by side constraints. So

Thank you very much for that answer. That was very, very helpful. Again, can you answer me? I I I asked it a while ago. I don't know if you caught it, but what do you how do you feel would y'all be willing to have some kind of self monitoring, self measurement policy implemented? Like, again, like I said, I'm not sure what the role of Yeah. Your employees will be Yeah. Or whether you would have to fire somebody else to do that. Or

Well, you know, it's interesting. I think that same question came up around the water usage because it's crystal clear. So it was how do we find out through crystal clear? And I believe that we could probably figure out a mechanism on both fronts. I don't know exactly what that is. It really is looking at me like, I don't maybe either, but the I think we can talk about that and figure out. Because, again, if we're willing to agree to injunctive relief, I think that shows you how serious we are. So, you know, I think I have to figure out what that looks like, whether it's an employee or a third party or you know?

Will will there be a a security guard or somebody on-site?

Security and I don't have a great depth of knowledge on this, but it's pretty it's pretty heavy security and and pretty serious fire suppression systems too. So I know there's an ESD. Is it ESD, or it City of San Marcos that's out of the road in Trace?

That's the city of

That's city the city fire station. Yep. One of the things about this facility is that it's gonna be a really low impact on city services. Police, fire, code enforcement, traffic, you know, those things really don't come into play. But, yeah, security is

Just I I'd just like to offer this suggestion, Greg. Maybe your security guard can go to the entrance to where the entrance the gate, whatever you wanna call it, to where the street is, you know, at at at the street point. And, you know, to have a a decimal Hang up. You know, have the to have have, you know, some kind of recording device on him for in the vehicle and be able to use the decimal meter the decimal meter and scan it to where on video time stamp, it would have the reading of the of the decimal meter and to show that y'all are taking a proactive measurement and in good faith to to be able to let kind of give that that assurance or give that comfort to people to know that it is, you know, that y'all are taking that step to adhere to your commitment of sticking to 70 decimals a month. Think that's fair.

We need to do some research. That's fair.

I know at H and B Warehouse, we had OSHA would require us to have some visits because of the we hit 80 inside interior, eighty, ninety easy, and they were monitoring hearing loss and, fatigue. So they did studies, and if the study found that it was something that affected you for so long, you're hearing that work area for so long, you're required to

wear ear earbuds. So that

was the OSHA thing. I don't know if that's still required.

Or Well, I mean, not to be rude. I'm not so much concerned about the the the the I mean I'm concerned about the residents.

Right.

Yeah. But the

Even the nil just right next door. That's what I'm concerned about.

That could be your reading. I mean, that could be a final look. If it's if it's done by them internally inside the building,

then it's Because, you know, if that decimal level, if, you know, exceeds it, then that those people are gonna have issues. They can start developing health issues because they're not sleeping. Right? Or all of a sudden, they start losing their hearing, and that's you know, I'm just trying Yep. To help you to show that you could be a good neighbor. Absolutely.

Absolutely. Absolutely. The dust boridians would be at the property loan. That's where they measure at the property loan. And just to be clear, there those prop those properties on the North Side are not developed. They're blank bare land.

There's a couple of

No. There's some some there

are. Housing.

Yeah. There's some

No. There there's there's some there's people living out there.

Has have have y'all I'll say y'all Yeah. Contacted the property owners and residents of that

So area. So we did I don't know if the developers reached it separately. They were notified. So everyone

They were

All all property owners were notified because they would have been within 400 feet. And so I did I did I think staff received one phone call from from a resident wanting to kind of know a little bit what was going on, but they they would have been notified.

I also went there. Okay.

Just on the labor issue, not really just just putting this out there, there is a better builder program.

Yep. Yep.

You're aware of it. Yep. It basically certifies the construction site as adhering to certain quality standards. Workers get paid on time. Workers aren't subjected to sweatshop conditions. Yep. It's a third party verification of construction labor. Not guaranteeing local employment, but it does guarantee the workers are treated with respect. Glad to know you're already aware of that. That's awesome.

It's a a lot of it has been incorporated. Cool. The city of Austin uses it.

My only question that hasn't been brought up yet is about the well, actually, I have two. So I'll do the easy one first. The water, we mentioned 75,000 gallons per day. You made a comment that you would fill it

up Yeah.

But then there would be no use. So is that 75,000, like, a max per day initially, and then you would use, like, almost zero operationally?

So, yeah, that one day when it gets charged or maybe it's two days. Yeah. That that is when you're gonna put a lot of water in that system.

Right.

The day it's day after it's charged, you're using, like, office building, a small office building with water. I think what I came up with there was, like, four to 7,000 per day per building.

Yeah.

So

That would be good to note when you do a presentation.

Yeah. Yeah. Yeah.

Because that 75,000 gallons is a big number. 4,000 gallons is not a big number.

Yeah. Well well, no. And that just to let you know, that actually was discussed at city council. Was discussed. So, you know, like, you know, it may not have been in the presentation, but that's why, like, I always encourage all the commissioners if, you know, even if you don't have time on Tuesday, you know what? If you have set time on the way, you know what? Look at the review the city council meetings. They're online. You can watch them at your leisure. And that way, it helps you to be a little bit more informed to share with that information.

So my other question is on energy. And maybe I need to talk to Tyler. Watch the city council meeting. May it's probably my question's already been discussed. But so you mentioned several data centers being proposed in this area. Data centers are a massive energy usage. The state doesn't have enough energy to supply all the proposed data centers. Right. You're one of I don't know how many, 50 or so in the state, maybe even more.

Yeah.

My number could be wildly off, but there's many proposed data centers in the state. We don't have power for that. So if this if all these approvals go through, the city just says, yes. Everything's great. There's no roadblocks to this path. Are you going a 100% to develop this property with the data center?

Are you asking me if

Will this

get built?

ERCOT has to allow it too? Is is the question like, hey. Just because I approved it, does that mean ERCOT

approved? Yeah.

No. So there's there's a queue, and there are a whole bunch of boxes that have to be checked in feasibility studies and redundancy studies and what do they call it, backlog. Backlog's probably wrong the wrong word, but are there clogs in the like, there is I've done a lot of feasibility studies in the water space and sewer space, and I've never seen anything that goes into this depth. And ERCOT is going to have a say on who gets what's available on the grid and and the timing and in tranches. And it you know, I would think Tyler's really the person to weigh in on this because I think he's worked at Bluebonnet and some other electric co ops, and you're gonna get a better chance to find out.

But but the simple answer is if the city says okay and ERCOT doesn't, then

It's still in the Right.

So these are just two steps in a in a bigger

process. It's important to know that there is, I and Tyler will tell you this, a race for what's available. And and so and and I will give ERCOT credit and and LCRA as well for weeding through, like I said, what's real and what's not and what's beneficial and what's not. So that that's why when we talk about these four or however many, ERCOT will have a big say in that. Mhmm.

And just to clarify, so the city is not the electric provider. That is a project. It's better analysis.

Oh, it's not the city of electric. Yeah. So it's four your minimum? Is that, like, the the minimum that makes business sense? Like, if you're Urquhart says you can put up two buildings, it's not no go.

I don't know the answer to that. I think it it may still be a go too. I don't know.

Who's the one that won't be able to answer that question?

The the end user who's gonna operate it. I'm not building a data center. I'm the landowner and the applicant and but there's, you know, a hyperscaler enterprise type that you guys know other teams What's would dictate from you?

This is a hyperscaler project?

Yep. Okay. Okay.

Real quick since last thing since Greg's in here now, our director of the code compliance. Greg, I've been questioning him because this is one thing that had been that he he was you know, it was brought up over the the one of the largest huge concerns from people that said it's a comment on the public hearing in regards to noise pollution. And I was checking with them to see, like, you know, about accountability, you know, monitoring, and it felt it it so one, my understanding, it's it would follow-up code compliance. Yeah. And, like, I was explaining, okay, well, you know, it's code compliance.

It's, you know, only Monday to Friday, eight to five. You know, the people that the residents that live next to the where this is Janison, Lupin College Janison, which can have the same hours. You know, they're gonna be home after six, and that's when they're gonna hear the notes. And so what I had proposed to him is I said, well, maybe, you know, they could be doing self monitoring. You know, I have, like, doing some kind of body cam or some kind of cam on a vehicle for the security guard to go to the property line, check it, or it's there's date, time stamp.

And and what I would like to see is, you know, how something would work for them to submit this to code compliance or code compliance, what have it, because, like, you know, we have an excellent code compliance department. They're wonderful. I would hate for them to have a tedious task of having to go out there. They've got enough going on. And then with the new ordinance that came about that with the abandoned properties, you gotta do something.

I would like, you know, to see them take a proactive good neighbor type deal and self monitor, but to submit it to code compliance, like, on a regular basis, like, you know, whether it be weekly or monthly, I would like to see you know, and I think the citizens would like to see, you know, what it's like at sometime during the day between, you know, the the hours designated here. Yeah. So, like

the evenings. Yeah. I can answer really it's really easy. So there's we currently have two technologies. One is just device that we can put out, and it records twenty four seven till it runs out of battery. And you can download it, and you can look at okay. We got some peaks over whatever. It doesn't tell you what those peaks are. It could be a truck going by. But you could put it someplace where there's not trucks.

You know? And if it's no problems, it's always below whatever the decibel level is, then you don't worry too much about it. If you've got some fluctuations, then we have another technology that actually does the same thing, but it triangulates where the noise is coming from. And then the service will actually go and listen to it and go, when it was over, that was a truck. When it was over, it was a jet engine.

When it was over, whatever the noise may be that this facility makes. So then you so you can pinpoint it. So we it used to be a problem. You'd have to go out, but now we have it so that we can actually monitor it. And then if it is a problem, monitor a little bit closely.

So the then you're telling me that right now, if they were to build this data center and it was completed by next year, which is not gonna happen. But I'm just saying, you know, we have the city of San Marcos has the equipment to be able to go and install this mechanism that will from day one, when they start running, will be operating and recording their their decibel level.

It's going to be, but it could be. Is this a property where it's already approved for housing?

Yeah. Is

it So their listing.

But when that went through, we already won it because there was a concern about the electric generating plant. So we went out to the electric generating plant, brought Reverse concern.

Yeah.

It was a reverse concern to see if that was a problem. And it is at times, but there's nobody out there right now. But that was a concern I was gonna have. Are we gonna get a lot of moaning and grinding? Yeah. So we'd start with it. It's a very it's this big. And then based on that, we don't know what was making the noise, but we know we have something's making a lot of noise. We're gonna assume we kinda know, especially if it's at 04:00 in the morning and it's and but then we'll step it up so we can actually yes. It's dogs barking. It's cows farting. It's whatever it might be.

Yeah. Yeah.

Okay. Roland, I think there's a way you can do it. Is that lift station right, but it up against the property there, Clamontville? It's across the street. I don't know. I know the city has point to point communication system on all their utilities for the water and wastewater. Do you wanna talk to Tyler or somebody can talk to Tyler about putting that sound sound system setup on the network on a long network separate from the wastewater on water. They can bring that in because I know they're already doing that with traffic in the communications. And then you're gonna have communications there, and you'll have a a sensor that can read. Yeah. And it's Totally.

It's come sound has come up or sound more than it's come a long way from when I did it just ten years ago.

So, you know, if

that's gonna be a problem, we

can get a little bit. It's

the hard part the hard part is if they're over, then

what do you do to get it done?

Well I was But that's the other thing is is, you know, again, like I said, a brand that was African because at the same time, I don't wanna have, like, you know, where like, I don't want it's kind of a a safe protection for you and for the concerns we have is because I don't want, you know, miss Gladys calling, blowing up cloaks and blinds on his phone every single day, saying, oh my god. You know? And then, you know, they, you know, out of courtesy, they have to go and respond. And there not be no teeth to her claim. It's just that she just doesn't like it, or she just doesn't have nothing else to do.

Yeah.

A lot of times that's why we do it. It could be barking dogs, or it's one just drives a person crazy. And, you know, it could be somebody just hates Seth, but ours is whatever the level. So we go out proactively, and they can call in the new times. It's like, no.

It's alright. And then right

now that you just you just brought something to my attention, but one thing I I just thought about and if I can get your card before you leave, contact information. Sure. Because one of the things I wanna know is what effect does it have with people with hearing aids?

Stuff.

Do you know? Because hearing aids pick up extra stuff that the average person wouldn't hear. And I just wanna make sure that there would be adverse effects to their hearing aid as well.

Do we know what the sound level of is at the gas fired power plant next door? Do we already know the sound level of that?

It's a good question.

No. Because I would assume assumption without any knowledge that a gas fired power plant is gonna be louder than 70 decibels.

Yes.

So there is a property adjacent that is, I'm guessing, louder than 70 decibels.

Definitely a times. Just for

the record. Well, no. That's a good point. Well, you know, well, that's all I have. Thank you. We're looking for your presentation. Thank you for that information, and we'll make sure to share this information. Mister Mayberry, thank you Thank for being here. Thank you all. And thank you for the. And I'll

get you covered.

Go ahead and be able to just first that up to the community as well as, I think, one of the another important thing to share, and I'm just sharing this with all of y'all commissioners, is I think anybody that has concerns regarding the data center, the flyer that Bob is gonna be sending out to y'all isn't good. That thing? I mean, I was looking at the. Like, Yvonne will be sending out to y'all. And and then not only that, but I don't know.

Some way I don't know. Julia or Yvonne, you can somehow just restrict your covenant proposal as I make it

it's this

process, maybe. Is that possible? Like, instead of it being back of work, like

Oh, well, I sent that link to everybody. Everybody's got that link. So all of that information except for that flag.

Although there's a there's a website, though, that

No. I'm talking about for the people that are not gonna go to the website. They're not gonna do Oh, okay. I'm talking about the people that I would like for them to share this. Like, to get like, me, I do door to door, or I I always have them in my mind, you know, information that I think is permanent. If I run into somebody, I I can have it and give it to them. That's why I was wondering if I can have this on just one page.

It's on one page. I just did that for the people who are here in person. It's not a a button

Oh, okay.

I I can format it on those two slides onto one page and send it to you.

That's that's easy. Take a look at what you got,

and then if we need to do

something for you, we can

Okay. Thank you.

So this and that. Yeah. There.

Yeah. Because I think

You can do it.

Don't worry. Yeah. Because see, like like, if I can have one paper that has this on the front and the restricted cover on the back, I think that is, like, a excellent resource tool to help the NIMBYs and anybody else that's just little confused with all everything that's been spread around. I think this will be a good resource for them to look at. A thousand.

And then you don't have you know, I would say, because we can go to the website if you want more, or you can call the planning department. You know? But I think that for layman's on a layman level, this this would be perfect if I could have some kind of resource like that. Well, again, Julia, thank you. And, mister Weber, thank you. And what was the gentleman's name on the

Oh, Michael Gaudini.

Thank you, Michael, for being here with us. And if nobody else has anything else, thank you. Y'all have a wonderful evening.

Thank you.

And moving on to our next agenda item will be our question and answer session for the public. I will open that up. Reports. Oh. Alright. Our next agenda item is reports. That'll be Greg Carr updating us on the tenant's rights and TRLLA, the Texas Real Grand Legal Aids. Beautiful. You. Thank you. Thank you.

So couple things on the tenant's rights going on. So, what, a month ago, we did pass a tenant's right to organize ordinance, and we'll be getting some information out to all the apartment complexes with the help of the Austin Apartment Association. They've been really good wanting to help. And then we are working on a tenant's bill of rights. It's similar to San Antonio's.

The hold up, the reason we haven't come out with something yet is just a piece of paper that says these rights. It's a resolution that has no teeth. And so we're doing a inspection department inspection program, and we're getting towards the end of that. And when we have that ordinance, then we can put some of the you shall, shall not do certain things so that we it's just a waste of time to have something, and then there's no way to make somebody actually do it. So that's coming.

We've talked to the civics group. We've talked to several groups about that. Again, the apartment association is involved with that. So all I have right now, basically.

Is tag involved?

Tags been involved. Yes.

We reached out. Mean, I don't know how much of a big part of this that they play because since it's the housing authority and it's still the city, but we reached out to, like because, you know, like, they have their own little attendance group.

Yeah. And that's was explained for the right to organize thing. They do have their own tenants group, so they've been doing that for a long time. That's actually required by HUD. So, yeah, they're not really of worry.

Anybody have any questions, comments, stuff?

I have

a quick question. You said you're gonna go to apartment complexes and let them know about the new right to organize ordinance. Are you gonna go to other landlords? Like, there's so many landlords that own. Like, my landlord owns, like, 40 houses downtown, and he should know about this as an example.

Yeah. Well, we'll do the normal thing. It's easiest with the apartment.

And,

you know, I'm sorry you caught me. I'm just getting late. My mind's great. I can get back with you. I think it's just the apartments that we're dealing with right now.

Mhmm. Just logistically and one of the reasons for that, whether it's a good reason or not, is an apartment complex can screw with a lot of people. 400 people, 200 people, where somebody in a house and it's the same deal with if the property's in bad shape. It's more stressful for us if apartment complex goes under because then you're dealing with trying to move tons of people. Where if it's one house or a duplex or something, that's two, three, four people.

And it's just harder to organize individual houses who are they you know? But we do have a lot of resources through Texas Legal Read, Rand. We're working on some other things, maybe beefing that up a little bit where they have what their rights are and stuff and getting some information out to everybody. Rizelle's working on something that we're working with.

We do have the long term rental registration addresses through that, Greg, just as a reminder.

Yeah. And so question so because myself, Tyler, and Alexis had discussed about putting this on the agenda. It was it wouldn't be on our agenda action. And so will there be any involvement of the neighborhood commission in acting this tenant bill of rights, or is it

We'll be bringing out to you and then also the proactive inspection department. We'll bring more info because it we already have the program. It's a life safety issue thing. It's just more info for you guys. Okay.

Alright. That's it. Moving on to our next report is Tiffany Harris, our vitality coordinator. She's gonna update us on the happenings in the community. Tiffany, it's all yours.

Hi, Roland. Good evening, everyone. Again, Tiffany Harris. Just two quick things. We're I sent a postcard, that's going out to residents, for a Sunset Acres subdivision improvements project neighborhood meeting that they've just scheduled for, December 3, 6PM at Mendez Elementary. So that's that's I know that's in your hood, Roland. So, we'll we'll probably be sending out an invite so that yeah. Anybody that's willing to come is please

please do. I I talked I talked to Rohit. I I worked with Rohit on that.

Yes. Rohit's running invite. Yeah. Told him to get in touch with you.

Yeah. So I I work with Robert on that. And yeah. So I did ask him, and his department will be sending out mailers to everybody.

Yes. They will. Yes. I mean, we'll have some street signs up too and and and all that. So, just a heads up that that's happening. And then, just real quick, our university our city university, is gonna be taking applications starting in January to start in, late February. So that's be looking forward to that and help us spread the word and get a nice class of interested and engaged people to learn more about the city this year. That's all

I have. Gonna send us are you gonna send us a flyer or anything on that?

When when it when it's ready. It's not it's not ready yet.

Yeah.

But I'm just I'm just letting you all know that it's coming.

Okay. Great. Yeah. We

did just follow-up. We did have a workday.

Yeah. Actually, Saturday, we just had a workday in the neighborhood for the love where you live, and it was really great. I and, actually, one thing I wanted to share with everybody for those of y'all that may not know this and that could share it with your neighborhood, your sector, But the fire department gives out some free smoke detectors, and they actually install them for free. And you can get however many you need. And so the first workday that was supposed to happen in September got canceled because of the rain, but we had signed up people for the smoke.

And the fire department came out and installed I think they did A dozen ohms or something. Yeah. They ended up installing, like, at least 48 smoke detectors, which was really great in my community. And and I actually benefited from it because they actually installed two at my house. But yeah.

So anybody that knows, anybody elderly, disabled, or just somebody that would like to have smoke detectors, these smoke detectors are really, really awesome because the, you know, the the batteries kinda last some I think, like, said, like, twenty years. Right. Yeah.

And just on that, smoke detectors do not last forever. You need to replace it.

Yes. Yeah.

Just thought I've way back when, I thought, well, you know, put new batteries in and yeah. No. They don't last forever.

Yeah. The the the fire department did remove some holes, like, really, really old. Because in my neighborhood, it's made up from the sixties and, like, you know, have a smoke detector from the seventies.

Yeah. Nothing.

I'll just while while you're going on, I just wanna kinda just real quickly you made me think of something. Just kind of a cool statistic that I wanted to pass on that our Helping Hands warehouse that hopefully you all have seen by now served a 126 families in the the fiscal year. So that's awesome. But we can't do it without the continued donations of of people like you and businesses that you're involved with. So please just keep spreading the word that we need donations instead of, you know, selling that that recliner that you just don't want anymore.

Bring it on over to us. We'll save you the trouble.

Use the peeps.

Or throwing it away or putting

it away. Meeting meeting some creepo coming over to your house.

That's fine.

The one you know what? Now that you said that, speaking of that, on our cleanup that we just had this past Saturday, they were able to Amy was able to acquire a lot of stuff because people people that stuff that would be in the hold off. Know they got a lot of stuff from my store just Mhmm. But, yeah, you know, they were able to take some of that stuff and, like, I had some paint and stuff, you know, that was still good. You know? But I'm not I didn't use it, they can you

do it for the reuse? Yes. We actually have two warehouses, a reuse warehouse for, like, paint and building materials, and they also do other stuff. And then the helping hands, which is household kind of stuff strictly.

But yeah. So but yeah. So just make sure, Sarah, about the smoke detectors. And, again, donate anything you don't want that's still usable. That includes all housewares, like Greg said, they here.

They take basketball games? Nope. You know, Christmas present.

Mhmm. They take everything. They I think I even have stuff that. I'm glad you guys have some more time to see

stuff that. I understand.

Not close. Not close.

It would. Yeah. Just clothes is the real thing we don't because we don't have the room to store that.

No. They they they take care of the stuffed animals, toys, games, because it you know, it it it's you know, families come and, you know, and they even have decorations. If you your wife or somebody's gonna redo their house and get some new decorations, don't throw those decorations away. Bringing them over here. Even salary for a while.

Alrighty. Anything else, Tiffany? No? Alrighty. Well, then we'll move to the next.

So sorry. I couldn't hit the button right. Yes. That that's it. Thank you, Roland. Good night.