City Council - Regular Meeting

Ladies and gentlemen, thank you so much for being here tonight. It's kind of like a big packed crowd. I call this regular meeting in the New Braunfels City Council to order. Today's date is August 24, 2026, and the time is 6 o'clock p.m. We requested all cell phones and other devices be on silent except on emergency on-call personnel. Madam Secretary Gale, can you please call roll?

I am here. A quorum is present and we will now proceed. Please join me in the invocation brought to you by Councilwoman Carter, followed by the two pledges of allegiance.

Heavenly Father, as we gather tonight to serve our community, we ask for your guidance, wisdom, and grace. Watch over the many children as they return to school, protect them, and give their teachers and families strength and patience. We are grateful for the city employees who work long hours to keep our community moving forward. Give them strength and remind them that their service matters. We especially ask for your protection over our police officers, firefighters, dispatchers, first responders, and all who serve on the front lines of public safety. Keep them safe and give them courage, wi

We have proclamation tonight. It's the National Payroll Week. Hello, is anyone here for the National Payroll Week? Carol? Carlin, sorry, I read that wrong. Davis, you're the only one? Proclamation, the State of Texas, County of Comel, City of New Braunfels, whereas payroll professionals play a vital role in ensuring employees are paid accurately and on time while supporting compliance with federal, state, and local tax and wages laws, and whereas payroll professionals help support the economic well-being of workers, businesses, and communities, by administering wages, tax withholdings, employm

Is there anyone else that would like to speak? Thank you very much, everyone, for coming up. Hearing no further comments, I now close citizens' communication, citizens to be heard. The next is consent agenda. And all items listed below are considered to be routine and non-controversial by the City Council and will be approved by one motion unless a City Council member or a citizen requests an item be pulled for a separate discussion, in which case the item will be removed from the consent agenda and considered as part of the normal order of business. Madam Secretary, has anything been pulled?

So item E has been removed and will be placed on the regular agenda as item A, is that okay? Without objection, we will consider this as item J under the regular agenda tonight, so we will address it immediately after consent.

Okay, let's see. Mayor, I have a motion to approve the consent agenda minus item E. I'll second.

Hold on, hold on. Should I read the items?

Oh, so Councilmember Sprandley motioned and Councilwoman Lebowski seconded the motion. All those in favor, raise your hand. All those not in favor, raise your hand. Consent agenda items have passed. So we're going to move to the items for consideration and the agenda items. We're going to first start with the item that was pulled from consent agenda, and that's approval of the budget amendment for FY 2026 airport fund. Becky Whitrack.

Please state your name and if you live in the city or not in the city or ETJ, thanks.

Anyone else wanna come in? Anybody up here have a question on agenda E or A? Mayor, I'll motion to approve.

Okay, so we have a motion to approve the agenda item by Mayor Pro Tem Capizzi and seconded by Councilwoman Lebowski. All those in favor, raise your hand. All those not in favor, raise your hand. The motion is passed. I was gonna try to make a motion to see if we could put Councilwoman Carter's presentation up first before the agenda items. If that's okay with everyone, without objection, to move the presentation up first. All right, we're gonna move up with Councilwoman Carter's presentation of the, and this is spaced out. For presentations, it's item A, presentations of New Braunfels Airport

And on this item, I had requested that the staff from the airport discuss safety because I don't direct staff to do a presentation. I'm not going to do a presentation about something that I don't know about. Are any of those folks here?

Do they have a presentation, or are we just gonna do questions?

Very good, thank you. And I assume you are Dr. Lee? Hello. Call me Robert. Hello, Robert. We've never met. And Jeff, I know you. Thank you for being here. So this item I wanted to discuss openly in front of the citizens because of the risk that I consider at the airport and not that I know of anything that you're doing wrong. But I wanted to talk about general airspace because of course we've got an increased population, increased valuation of properties. So I had posed a question to Jeff a couple of months back about a shout line. And it came to me from a pilot inspector general from the Rand

And how long did you say it's been out for a minute?

Okay. But it is a serious item, I would presume, because he made a special effort to contact me on this particular one.

Okay. And my understanding is, you know, not only is he an Air Force pilot, he is the inspector general. And then they consider this very serious, the comms that they're reporting problems with in New Braunfels, so much so that the leadership of that base, I don't know if that includes the general or not, but they wanna come and have this discussion with us about de-conflicting communications and de-conflicting patterns, which, you know, I'm out of my expertise here, so my apologies, but my understanding is that there are some great concerns over the takeoffs and the, you know, perhaps the fli

I think you're going to have the opportunity to, to be honest.

Are there other communications problems, or is it just the shout line?

And about how long will that take? It's already been down for a while.

Okay. And that's what we're just funding? Yes, ma'am. Through budget request. And is that for next year's budget? So you'll have to wait until after October 1?

They have airport construction going on at Randolph. And effective, are you aware of all this? I assume that you're more aware than I would be. Have there been things worked out as far as deconflicting the routes that our aircraft are coming out? And I say this because he was showing me just yesterday an aircraft that was coming out of New Braunfels. It was presumably a training aircraft. It was going about 80 miles an hour. But they are going to be taking off out of Seguin, which is due east, I think, of here. And... Their aircraft go about 300 miles an hour.

Well, he said that it's gonna be mandatory that they come in, and it always has been. He showed me those radiuses around their airspace and our airspace. Yes, ma'am. And there is a trail into our airspace. And he said there is a necessary, it's necessary to get a deconfliction procedure.

And do we have that in writing, that there's a procedure?

I mean, but obviously, if you've got intermittent comms, nobody really can hear each other, right?

Okay, so I'm likely gonna put accept their invitation if you're okay with that and Jeff and city manager are okay with that to get the people together so that y'all can agree that we've got a safe situation for military navigators as well as our private navigators because they question that, okay?

And all I can do is salute and say, yes, sir. We'll see what we can do. I look forward to that. This is a lieutenant colonel, so he's pretty voiced in his experience. And I would think logically that an aircraft traveling at 350 miles an hour can close very quickly on one that's you know, 100 miles an hour in training. And my overriding thing is that I hear a lot about growth of this airport, and I want to make sure that it's current date as far as our operations go. Yes. He tells me that there's opportunity for FAA to be told by Randolph that they will support UBN's supplied a FAA radar. Woul

I think we can get along with these folks. And I encourage it, right? But I do wanna make sure that, because I understand we don't have a radar, is that right? I'm trying to understand air traffic.

It sounds like they're very open to that, especially because they're going to be coming out of Seguin for, I think, a couple years is what he said. And you know how federal construction is. It might be 10 years.

I don't think they're coming in. I think they're coming through is what I'm hearing. T-38s and T-1s.

Okay. So, The other question that I have for you is the, we heard some last week in budget that the airport closes. And I think I've understood that to be, it closes in the evening, right?

So we've got aircraft landing without anybody in the tower, as an example, and they just take off again. Right. So do we track that? I mean, is there a methodology that we keep track of tail numbers coming in and out of new brownfuls?

Okay, so is there any kind of surveillance equipment that's at the airport running the loop within 24 hours that we? No ma'am. There's not? No ma'am. So would we know if, I mean obviously a drug trafficker's not gonna have his transponder on. Pardon? A drug trafficker is likely not gonna have their transponder on, right?

Okay. I personally am concerned. I don't live over there, but I am concerned for the folks that do. I hear or I read a lot of times that people are hearing the air traffic at night. I don't know how serious it is, but obviously we have neighborhoods that are in close proximity of that airport. So I do want to make sure that as we talk about increased activity and increased this and increased that and your business is booming and all of that kind of stuff, that's all great. But I wanna make sure that we're looking at all safety items that council is aware that you could be potentially needing,

Are there any items that you would consider must-haves that you don't have? Well, I guess that's probably a bad question right in front of your boss.

Let me see what kind of pixie dust I have.

Well, when the US Air Force is calling, I'm going to respond to that, right? So I will work to coordinate that with Jeff, and I'm sure he'll work to coordinate that with you. I mean, all the minds that are the proper minds need to negotiate that, but I'm happy to broker that kind of deal.

Okay. From my perspective, I'd like to hear about the status of the communications getting corrected or getting fixed, whatever it is we call it. So if you could, Jeff, give us an update or Robert, like monthly. Until it's done would be my request off of this. And then I'll yield to the rest of council for any questions.

Robert, you came from San Angelo at Mathis, right?

So you had to deal with... the Air Force there, and then also you had Mitsubishi MU-2 test field for a good length of time, wasn't that right?

But you had Del Rio was running touch-and-goes and bomb runs out of Del Rio, out of... I can't remember that, Laughlin. Yeah, would be in your airspace there. So you've accommodated military airspace numerous times in the locations you've been in.

Well, thank you. I don't think any of us question your credentials at all. We appreciate it. Anybody else?

I do have some questions. Yeah, I hope that we do get a radar. This is the first time I ever heard an airport not having a radar. It's kind of weird. Boats have radars.

Okay, that's news to me. But if the Air Force is going to provide it, I hope that we can keep track of that. But as far as radio communications, do you guys do five minutes out for airplanes or two minutes out at this airport? When do they communicate to the tower when they're about five minutes out?

That makes sense. I must have missed it. Are you asking for an upgrade in radios at any point? Because I'm not really satisfied with radio communications that keep going out.

Okay. As far as flights, how many flights come in at night on average? It doesn't matter what day it is, just...

And how big is the plane? The biggest that you guys get?

And the reason I bring this up, because just like Councilwoman Carter, I do think that we have to keep track of what comes in our airport. However we can do it, A tail number, we gotta communicate with planes that are coming here. They can't just pop up anywhere. Maybe that's a normal routine.

Yeah, is that because we decided not to do it? We wanna go in favor with everyone else? I am not satisfied with not knowing who lands at our airport. And I do believe we're in the corridor of crime. We are in the corridor of drugs and children, women trafficking. There's about 1,600 cases open right now in this county, and that's Comal County, but it's not your fault. I'm just telling you what I know, and I don't like the fact that the airport is not manned in the tower, and we're not keeping track of cargo, or tell number maybe little beacons, but people don't like beacons when they're doing a bad thing.

Yeah. Yeah. How much would it cost to be a manned tower 24-7?

As far as crashes, I know we probably haven't had a crash in a long time, but we don't have a foam truck, right, for jet fuel?

You know, in Bagram, I did witness a cargo plane go down and there was about 10 of them and they were spraying the crud out of those, that cargo plane. But I'm just kind of worried. We have to see a disaster before it happens. How do we put out a jet fuel fire in the cabin and everything?

Okay. No, I'm just curious. Thank you very much, Chief. That's all I got. This is about Air Force safety, or airport safety, and I just, it's a lot of concerns for me. I'm an outsider for airport here. But that's all I got. Anyone got anything else? Thank you very much. Thank you, Doctor.

There's an airport master plan, I believe, isn't there?

And correct me if I'm wrong, doesn't that airport master plan have something in the future plans and operations for some additional firefighting apparatus or firefighting type equipment involved in that master plan?

So it's only if you have commercial passenger aircraft flying.

Absolutely. And so just to kind of bring full circle back and summarize the entire conversation and discussion that we've had. There is no immediate or dangerous safety issues at the airport that pose significant liability or danger to life, limb, property, or anything else, correct, as it currently sits?

Thank you. I also just want to point out too, just for everybody's information, in the item E on the consent agenda, we do have $43,700 for remediation and replacement of critical tower communications and safety equipment such as the existing air to ground, transmitter, receiver, standby radio antennas, and reprogramming of the existing voice communication and control system for the airport that we approved tonight in item E, so.

And just for the audience, is that a vacation? I mean, if we take a look at it and we worry about the drug issue, you got Canyon Lake Airport that can take I guess a small layer on that. It's a difficult landing because of that swell, but there's, then you have Zuul, that's not too far back on smaller aircraft. The Seguin Airport everybody's talking about is the auxiliary airfield, which they use for touch and go with several training issues. And Seguin has a secondary airport. Then there's, I guess Zuul, that's south, down toward 1518. And then there's, I don't know, three approved. Yeah, you

All I have left is I do want to thank you for coming in and answering our questions. This is just an item that I consider a high liability potential, right? We don't want anything to happen, but I do want to hear more about are high risk areas, right? An aircraft coming out of the sky is a pretty bad thing to happen when you've got all the population that we do. A collision would be a nightmare. So I'll do what I can to help you with Randolph and these folks at higher levels and we'll get your radar.

They seem pretty confident, so I'm gonna do what I can to facilitate, but I'll look forward to the updates on the comms, because I am worried about that. I mean, obviously aircraft that are having trouble communicating to the ground is a problem.

Sure. And we'll just look for those. Like monthly, I think, is plenty to just put in writing or your report or however you want to handle that, just so we see it. I don't want to lose sight of it. It's something that's out of sight, out of mind. We have an expert on the ground to handle it. It never is out of sight, out of mind for you, and we know that. But also with the growth, maybe you all can throw in some kind of presentation somewhere in the year to articulate what that is, what that looks like, how it impacts what we need to see from a strategic perspective as council. Because those are big expense items, runways and all that kind of stuff.

All right, very good. I hear George Strait had a plane that was landing out there. And it was.

Right. I like that. He's fast on his feet. Thank you very much for coming in.

And just to clarify one last, the comms, issue is ground to ground communication. It is not air to ground, aircraft to ground. It's ground to ground.

Thank you. Any further discussion up here? I'm going to open it up to the public. If you could please go to the podium, state your name if you live in the city, not in the city, ETJ. Thank you.

Anyone else wanna speak up to the microphone? I'm gonna close citizen communication on this item. I'm gonna move to item number A on the agenda, which is public hearing and first reading of an ordinance requested by Will Baker. of ABLDT to rezone approximately 0.3 of an acre out of the Starlight Terrace, Subdivision Unit 1, Block 2, Lot 9 from M1 Light Industrial to R2A Single Family and Two Family District. Currently addressed at 1038 and 1042 Sidell Street. Matthew Semont.

Thank you very much. Is there any questions from council up here? Yep. Do you have any questions for this item? I'm going to open it up to the floor for... The public, if you have any questions, please come up to the podium, state your name. There being nobody, I'm going to entertain a motion.

Mayor Pro Tem. and obtain the motion, and Councilman Lebowski, Councilwoman Lebowski, seconded the motion. For all those in favor, raise your hand. For all those that object, raise your hand. This is unanimous, and the motion is carried. The next item is item B, public hearing, the first reading of an ordinance requested by Patrick W. Christensen on behalf of Karma Enterprises, NB, LLC, to rezone approximately 2.7 acres out of the Bentwood Commercial Unit 3, Lot 3 from ADP SUP, Agriculture Predevelopment District, with a special use permit to allow a retail development with specific uses to Ch

Thank you, is there any discussion up here on this item? Go ahead, Mayor Pro Temp.

I know exactly this location that you're talking about. It's not too awful far from where I live. So was very happy to see this on the agenda. It's in District 6, but it's central to 2 and 6. And Lord knows we don't have a whole lot of that over in our area. And I know those buildings have been sitting vacant for quite some time, a lot of those storefronts in there. So yeah, very excited to see this and hopefully council will support it.

I just wanna echo what Councilman Capizzi said. I drive by that almost every day when I go to the gym and those buildings have been empty, empty, empty. And I think it would be a great opportunity to bring additional revenue and businesses into District 6. So I hope for support as well.

Any further discussion up here? I just got one question. How do you notify everyone? Is it by mail? Is it by? Okay, that's all. All right, from no one up here, I'm gonna open this to the public. If anyone wants to make a comment on here, please come up to the podium. I don't see anyone. I'm gonna entertain a motion to vote on this.

I'll second. So Councilwoman Shaw motioned. Mayor Spadley, not Spadley, Capizzi seconded the motion. All those in favor, raise your hand. All those not in favor, raise your hand. And the motion is carried. Next item is item C, discuss and consider the second reading of an ordinance to amend section 126-346 of the Code of Ordinances of the City of New Braunfels to prohibit parking on both sides of Divine Way from the intersection with Fayette Drive southwesterly and northeasterly for approximately 60 feet. Mr. Gary Ford.

Thank you very much, Mr. Ford. Go ahead, Councilman Spradley.

His mic has no batteries. Uh-oh, something's going on.

Go ahead. So help refresh my memory. When we approved this the last meeting, I thought that we agreed to do the intersection on Divine Way and Fayette Drive and also the Ranch States Boulevard on the opposite side so we could only park in the middle. Is that correct?

This is doing the same thing. It's bleeding. I don't know. We're all gonna have to share one. We can pass it around like a virus.

But the other part was also doing traffic calming as quickly as possible? Okay, so nothing's changed other than that?

I have a mic. So I know that the chief of police has left, but we did also talk about with school starting tomorrow and an increased presence out there as school is in session, making sure that cars are slow as the kids are getting back to school and getting back into routine.

And you also said quickly after it's approved, they'll get out there to put the signs in as quickly like in a week or a month.

I just wanna say that I appreciate the way you worked collaboratively with us in the first reading of this kind of trying to figure out a happy medium with the concerns from the neighbor across the street, as well as concerns with the neighbors on the other side, establishing that 60 foot set off distance and whatnot, and then implementing the study on the traffic calming as well too. So that was a good discussion that I think worked out well for everybody in the neighborhood. So yeah, looking forward to getting this pushed through.

I do have a question. Yes, sir. When we were here last time, did any of the footage or language change? I think I had something that I saw. Charter section 310 requires a descriptive caption to be read on two separate days. I just wanted to see if either the city attorney, that a materially different caption at a second reading satisfies that. I'm actually seeing two different things. I did see a southwesterly and northeasterly for approximately 60 feet, and then we amended it on the floor and passed it at 60 feet. On any of the paperwork here, does it still say 165?

I just want to make sure it doesn't say 165 anymore. No, sir, it doesn't. Okay, thank you. Any further discussion? No. At this time, I'm going to open it up to the floor. If anyone wants to talk on this issue, please line up. State your name. If you live in the city, don't live in the city, ETJ. Thank you.

If I could just address the part about the police presence in Dove Crossing as well. Chief Flores did reach out today, I think based on his conversation with you just a couple days ago, touched base with me and did indicate that we should be seeing some presence out there very soon and asked for some contact for some folks in the neighborhood also, which I gave him at their permission to kind of dial in the areas to look at in that area, so. Perfect. You should be seeing that pretty quick.

Yes, ma'am. Is there anyone else who would like to speak on this item? Hearing none, we will now proceed to a vote. All those in favor, raise your hand. Oh, sorry, my bad. I need a motion, I'm entertaining a motion for this item. I'll second. So Councilwoman Lebowski motioned and seconded by Mayor Pro Tem Capizzi. All those in favor raise your hand.

Aye. Thank you. This motion is carried. Thank you very much. Without objection, I would like to take a 10 minute break, or do you need, until he gets it situated, everyone, it's about 8.06, is the IT ready? IT department ready?

Welcome back. So the next item is presentation and possible direction to staff to amend the city's Code of Ordinances regarding data centers. Michael French, New Braunfels Mayor, and Matthew Simon, Planning Manager. How you doing?

Well, thank you so very much for that. I did, maybe I should have contacted you. But there's a slideshow that I have put together and it does emphasize a little more detail. But I'm about to give you my presentation about data centers. And I want to, I want you to know that this is the research that I have found and collected over a long period of time. Data centers and the information that we keep receiving are constantly changing. This presentation about data centers is not meant to be the ultimate decision or ultimate facts about data centers. It is meant just to help offer guidance and sta

I just have some additional comments. Nice presentation on it. I've been doing research on this to try to make sure how we can put certain constraints in. So some additional things I would like to see in addition to what you've laid is that The first is not in the recharge. It's sensitive enough it shouldn't be in the recharge at all. We should be able to restrict it there with the help of the Edwards. Distance from residential development greater than 20 homes. I would recommend a quarter mile if it can be done. We may have a constraint that it could only be a thousand. But I want to include

Thank you very much, Councilman Edwards. Anyone else? I wrote all that down.

I am worried about the data center that's off of Francis Harris Lane because it is over the Edwards Aquifer. And I believe that one is on pause because of the governor. but it's not, I mean, that one is also just not very far from Mayfair, so that's another reason why I'm worried about that data center. I also, I just wanna make sure that on your, what you're planning on doing is I wanna make it harder for the data centers by, having strict zoning laws, but also limit the fiber optic infrastructure and then up the cost of utilities for them, make it higher for them. I know that data center was

Yeah, thank you. The natural gas is really, really bad. It actually causes cancer. And in Virginia, there's a lot of cases of cancer because a lot of the old data centers, they're natural gas. And all the neighborhoods around them, Yeah, they got noise pollution, they got people that can't sleep, they got cancer from all that discharge, all that waste in the air. Thank you very much. Anyone else? Go ahead, Mayor Pro Temp.

In general, I think it is a pretty good idea also to revise the LDO to put some strict guidelines and parameters on this as well myself. As you know, I not too long ago met with Judge Hoyt to also discuss some of these things too as it's become a big issue in the region in Comal County, Guadalupe County, all around. I think the only thing that I would add to that is wanna make sure that whatever we do, as we look at and explore these parameters, obviously just making sure that we stay within the legal protections and guidelines to keep us from getting into any potential legal issues or potenti

Yeah, thank you very much. Thank you very much. I'm just rewriting what I wanted to say here because what you just brought up, I guess there's an order of things in this world, right? Anyone else? Oh, Councilwoman Carter, go ahead.

I just want to encourage that we not Elongate this by a lot of talk and get moving before additional requirements are put into place by either the state or federal levels. So we need to move. I think everybody is supporting the action. And it sounds like our council has the way to get there.

One additional thing, Mayor. Matthew, for us to have impact in the ETJ, it would be in our LDO where we would have effect there as far as sight, distance, footprint. Would we have any ability to help the ETJ? And if so, how?

Next question would be, would it be possible to have interlocal agreement between us and the utilities that the utilities have an established policy that would not drain from capacity? So example, Clear Springs, Springs Hill, Green Valley, MBU we have some direct influence on. But those three water supplies that if they're operating with inside our jurisdiction though, it's in their CCN, Is there something to make sure that they wouldn't have a negative impact on the water ability to supply and them to be able to stay in compliance with SB2? So that's a legal question probably that we need to

Thank you very much. Anyone else? All right, I'm gonna open up the floor to the citizens. If you can, please come up to the podium, state your name if you live in the city, out of the city in the ETJ. Thank you very much.

Is there anyone else that would like to speak on this item? I wanna thank everyone very much and this, I worked pretty hard on this presentation but I did as much as I could to find out everything I could about what we can do about this situation. And I did work on a little proposal here. So I'm just gonna read this and Nathan, please tell me if this is good or bad. Members of City Council, having reviewed the presentation and legal framework, I move that the City Council adopt Resolution Number 2026R, number not specified yet, directing the City Manager and City Attorney to immediately initia

In addition to include any items that we mentioned tonight and their legality to make sure within whatever we come back is defensible and within legal parameters.

So that actually is, I'm sorry, that's a time frame. That's a time frame for anybody to not do anything. It's a 90-day freeze on any type of thing. It's really nothing.

Okay. But I wanna move on a motion to vote on something.

Okay, the language that I wanna try to get right, I'm trying to take notes on this, I'm sorry. Is to direct the city manager and city attorney to immediately initiate a land development code amendments to reclassify data centers. and establish strict performance standards as presented in the slideshow. Direct New Braunfels Utilities to complete the infrastructure capacity assessment and publish statutory notices.

So the only thing is land development code, that's it?

Okay, so I'm gonna read it again. Yeah. So members of city council, I have reviewed my presentation and the legal framework. I move that city council direct city manager and city attorney to immediately initiate the land development code amendments to reclassify data centers and establish strict performance standards as presented. That works.

That's right. The move is a motion from me.

Right, because normally. I motion. Normally something like this is something that is direction and not an actual action that is taken by a vote, correct?

So you guys understand the direction I just gave you, right? Yes. And so that's it.

that's all that's all we need okay consensus from you thank you very much guys thank you i would i would like to add mr schmott correct me if i'm wrong but we already have the absolute ability to stop any zoning request as soon as it comes to city council by a majority vote right whether it's a data center or dog park doesn't matter Right, so we have that ability as well, is that correct?

For this specific thing within 60 days or so? Yeah.

What is the thought process of, like, San Marcos had complete...

Well, when we're going through this, you might wanna put that bullet on something so we know where that falls as well.

So just to summarize kind of where we're at, there's been a lot of conversation, the direction to council is to amend the LDO as we discussed tonight, and then we'll get a chance to see it, the LDO amendment, the language in it, and then we'll have an opportunity to vote on that actual amendment, and there'll be two readings on it as well, right? Yeah, that's correct. So there's some things that need to be adjusted in the LDO amendment, we can have debate, conversation on it, make sure that that language is correct and the way council would like to see it before we move forward.

Yes. And I think there was some concern, state and federal, regulations outpacing us, but they would supersede anything that we do here anyway, right?

Mr. Brown, that's the reason why I wanted a Chapter 212 moratorium for 90 days, immediate. Yeah, we just can't do it immediately. There's no reason for that then. I don't know why they, the Texas local government code had made that up specifically for this.

So we're all in agreement that we're, okay.

All right. Thank you very much. It's just a month. Thank you very much. All right. We're on item E now. Discuss and consider the second and final reading of an ordinance amending chapter 130, article four. Yeah, article four, divisions three, four, three, five, six, seven, and of the city's code of ordinance to adjust residential landscape irrigation, drought surcharges, revised drought stage destinations and triggers, clarify definitions and related provisions, repeal conflicting ordinances, provide a savings clause and establish an effective date. Ryan Kelso, how you doing?

Thank you, Mr. Kelso. Anyone from up here have any questions for Mr. Kelso? None? I was reading this, and I have something here. It says the ordinance itself amends divisions three, five, six, and on here you're missing number seven. Is that?

Let's see. I'm going to open this to the floor, the public. If you want to speak on this item, please stand up to the podium. State your name if you live in the city. Not in the city, ETJ. All right. I'm going to close public hearing. And Gail, I'm going to take a roll call vote. Mayor, I motion to approve. I motion to approve. So entertaining a motion. Motion to approve. So it was motioned by Mayor Pro Tem Capizzi and it was seconded by Councilwoman Lebowski. City Secretary Gale, can you please call roll?

That's nay. That's 4-3 and the motion is carried.

All right. All right, next item is item F, discuss and consider approval of a resolution recommending the New Braunfels Utilities NBU Board of Directors exempt capital impact and recovery fees per the NBU impact fee waiver policy in an amount up to $500,000 for the park at Dogwood, a qualified affordable housing project in the city of New Braunfels. Mr. Jeff Jewell.

A motion to move to date certain September 14th. So...

I'll second. Motion moved by Councilman Edwards and seconded by Mayor Capizzi.

So speak on this item right now is what you're saying?

All right, I'm gonna open the floor. State your name, and if you live in the city, out of the city, or ETJ, thank you.

Mayor, point of order. The public comment was supposed to be about the postponement only, not the underlying item. This is being, see, point of order, ma'am. Please don't interrupt me.

Oh, wait, hold on, hold on. Guys, please come down. I see your point of order. Yeah, Mr. King, I'm sorry. It was just to talk about the postponement, like the lawyer said, the attorney. Thank you. Is there anyone else from the crowd? I'm gonna come up and speak on that. So city attorney, I just wanna get that right. So he was gonna talk about the item itself. Because we postponed it, we could not talk about the item?

We still had a motion. We gotta move, vote on the motion to 1st September. To postpone. We have to vote on the motion. Can I ask a quick question? Yeah.

Can I ask a question, Mayor French? Yeah, go ahead. When did they ask for the postponement?

When did they ask for the postponements? Friday afternoon in an email. And they don't have a single representative that can show up tonight, I guess?

Okay, I'm gonna entertain a motion to postpone to a certain date of September 14th.

And I second the motion. So motion by Councilman Edwards and seconded by Mayor Pro Tem Capizzi. All those in favor, raise your hand. All those not in favor, raise your hand. So that is 3-4-3. And the motion is carried to postpone it to December 14th. I got a question there, city attorney. Can I resend the vote that just happened?

Okay. Yeah, I just want to let everyone know that I would like to change my vote. Is that too late?

So that would be three. Okay, nevermind. Yeah. All right. The next item, discuss and consider the following Mayfair-related amendments requested by Thad Rutherford, President and CEO, South Star at Mayfair Development, LLC. A, public hearing and consideration of proposed amendments to the Mayfair Development and Design Control Document. And B, proposed amendments to the Mayfair Development Agreement. Matt Green, go ahead.

Thank you. Does anyone up here have any questions for him? I went through this one, and I have a ton of questions. I took this one apart. So essentially, from what I gather on this when I read it, the vote gives up any council control once this is voted in, right?

Yeah, I saw that part, but every reference to city council and the planning commission in that section was deleted.

Okay, so I'm just trying to understand. So if there's major changes that you guys wanna do a vote on, you have to still come up to city hall for anything, right? Do you just go to city staff? Do you understand what I'm saying? When I'm reading this, it looks like you're relinquishing control from city council to city staff.

So another thing I noticed with the Planning Commission approval step is deleted? in which part are you referring to? So Development Agreement Action 4.4 strikes this subsection, amendments to approved final plats. Any amendments to a final plat shall be submitted to the Planning Commission for approval unless changes meets the criteria for a final amendment. I don't see that. Maybe that's my mistake, but I don't see that.

I saw it's on page 446. And my question is, what replaces commission review of plat amendments?

Yeah, this whole thing, I just wanna make sure that we don't relinquish control only to city staff or the planning commission taken out of this altogether for any.

Why is the educational land use being removed from the land use, the matrix you had?

There's a reason why I'm asking some of this. Sure. I'll get to it. So the public facility, that term is actually pretty broad. I wrote down that a facility to be owned by the governmental entity and provide a public purpose, including but not limited to utilities. I'm just wondering at this point, could you have some kind of substation for like a data center just plant itself there?

All right. I just have a ton of questions here and I know it's gonna be all night. But I just wanna make sure that we still have control over this whole area and it's not just relinquished to city staff no matter what.

Okay. Does anyone else have any questions from staff? All right, so I'm gonna open it up to the floor. For citizens that wanna talk about this item, please stand up behind the podium and state your name. All right, for this one here, it's a show of hands. So I'm going to ask for a motion.

So it was Councilwoman Lebowski motioned and seconded by Councilman Spradley. All those in favor, raise your hand.

So I'm gonna entertain a motion for A, that's public hearing and consideration of proposed amendments to the Mayfair Development and Design Control Document. Consider a motion.

It was a motion by Councilwoman Lebowski, seconded by Councilman Spradley. All those in favor, raise your hand. All those not in favor, raise your hand. And the motion is carried for A. I'm gonna consider a motion for B, proposed amendments that are made for development agreement.

This motion by Councilwoman Lebowski, seconded by Councilman Spradley. And both items were carried.

Okay. For those in favor, raise your hand. For those not in favor, raise your hand. The motion is carried for B and A. All right, next item. Discuss and consider approval of resolution of the City of New Braunfels, Texas authorizing the use of eminent domain proceedings for the acquisition of right-of-way that is necessary to advance and achieve the public use of improving Barbarossa Road and Sewer Lane to meet the existing and future needs of the City in the event negotiations are unsuccessful. A, which is A, 0.4529 acre, ROW, and 0.158 acre utility easement out of the Antonio Maria Aznazar,

Thank you. Anyone up here have any questions? Thank you. I'm gonna open the floor to the citizens. If you wanna talk on this item, please come up to the podium. State your name if you live in the city, ETJ, or don't live in the city. All right, I'm gonna close the public comment.

So, Councilwoman Lebowski, motion to, and seconded by Councilman Spradley. All those in favor raise your hand. All those not in favor raise your hand. And the motion is carried. All right, next item, discuss and consider approval of the contract with BRW Architects to provide final plans, specifications, estimates, and construction phase services for a live fire training facility and approval to issue a competitive sealed proposal solicitation as the procurement method for a construction of improvements associated with the live fire training facility.

Thank you. Anyone up here have any questions on this item here?

I do. You are putting this under competitive sealed proposal. Why? Why?

I personally am opposed to the cheapest bid or the lowest bid. I want the best construction solution. And I think we have some examples in the city of not getting the best construction solution. So I would request that that be changed to full and open competition.

But I don't like the fact, is that taking the lowest bid?

Okay, so it includes the methodology and all of that. Okay.

So this is a CSP with a scoring system, essentially?

Okay, thank you. Any further questions? Okay, I'm going to open it up to the public. If any citizen wants to come up and talk on this item, please stand behind the podium. All right, there being none, I'm gonna close public comment.

I'll second. Councilman Lebowski motioned and it was seconded by Mayor Pro Tem Capizzi. All those in favor, raise your hand. All those not in favor, raise your hand. The motion is carried. All right, the next item is item J, discuss and consider the approval of an ordinance authorizing the issues of City of New Braunfels Texas Tax Notes Series 2026, levying an ad valeriam tax in support of the notes awarding the sales of the notes, approving an official statement and paying agent register agreement and the other agreements relating to the sale and issuance of the notes, and ordaining other mat

So the 18 Police Department vehicles, does that include the extra that we are anticipating

Is this vehicle fully outfitted for each of those departments? Thank you.

That's a good question. Do you mind talking to the bond, what is it, the AAA standard for the city and how that affects the rate that you were given from these eight different capital funding banks?

And these are the lowest rates that you've seen recently?

I remember a while back that we had a higher interest rate on one of our tax notes, and Mr. Warner had requested that we did a re-moratorium.

I mean, that's really strong. I mean, if you took a look at just, if you were running a kind of comparison against seven-year Treasury, I mean, we're a point and a quarter below in that, and it shows why it's so important to keep that reserve account up, because it really positions us with the AA rating to be able to have a lower cost of borrowing. So our fiscal responsibility that we've used has been very successful for us in these bond issuances.

Mr. Warner, can you remind me where the two million in proceeds, where's that coming from? It says total two million in proceeds?

I do have one, maybe two questions, that's it. I read too much into it and I didn't have time to email you guys. No problem, sir. So the debt service is already inside a tax rate we have not adopted. Is it built into the proposed 2007 debt service rate of $19.39? 19.39. 19.39, that's right. And the budget and rate are not adopted until September 14, right? Are we committed to the debt before we adopt the rate that pays for it. Does that make sense?

Okay, thank you. Any further discussion up here? I'm gonna open this item up to the public. If you wanna say anything on this item, please stand up to the podium. Just state your name. If you live in the city, outside of the city, or ETJ, thank you.

Anyone else from the public? I'm gonna close public comment at this time. Yeah. I'll second. So it was motion to approve by Councilman Spradley, and it was seconded by Mayor Pro Tem Capizzi. All those in favor, raise your hand. All those not in favor, raise your hand.

Aye. The motion is carried. All right, just to be clear on this one thing here, I'm sorry guys, but I was looking this up and please tell me if I'm wrong because it's in the rules here, Robert's rules for motions, main motions. And when it comes to rescind or repeal action taken, that is a majority vote.

I wanted to make that clear. Is that two thirds because it was not given advanced time of the?

238 D and E. Majority vote with notice is what it says.

And that looks like it may be the item, right? All right, there is no executive session. There'll be no further business to come before New Brunswick City Council. This meeting is adjourned.