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?

Council Member Carter. Here. Mayor Pro Tem Capizzi.

Here.

Council Member Edwards.

Here.

Council Member Spradley.

Here.

Council Member Lebowski. Here. Council Member Shaw.

Here.

And Mayor French.

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, wisdom, and peace. Finally, guide this council tonight. Help us listen carefully, speak with respect, seek truth, and make decisions that serve the people entrusted to our care. In your name we pray, amen. Amen.

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, employment, insurance contributions, child support deductions, and other important financial obligations. And whereas payroll professionals contribute to the financial security of millions of American workers and their families, through their commitment to accuracy, integrity, and service. And whereas payroll professionals work closely with employers and government agencies to promote compliance, improve processes, and educate workers about the importance of understanding their paychecks and payroll-related responsibilities. And whereas National Payroll Week is observed annually during the week in which Labor Day falls, to recognize the contributions of payroll professionals and celebrate the American workforce. Now, therefore, be it resolved that I, Michael French, Mayor of the City of New Braunfels, Texas, hereby proclaim September 7th through the 11th, 2026, as National Payroll Week in New Braunfels. And I encourage all residents to recognize the valuable contributions and payroll professionals and the workers they serve. In witness whereof I have here unto set my hand and cause the seal of the city of the New Braunfels to be affixed this the 24th day of August 2026. There you go. I'm going to sign that. Oh, I did. I already signed it. Do you want to say something? Thank you. Thank you. We will now open a citizen communications, our public commitment period where our citizens are heard. In the interest of time and structure, this period is specifically for individuals to address the City Council on issues and items of concern that are not listed on this agenda. There will be no City Council action at this time. Citizens will be provided with the right to speak on posted agenda items, which we will recognize later when those specific items are called. In the interest of protecting the city's network and data security, we cannot accept flash drives or electronic files at the podium. Please use hard copies on the overhead projector for the City Council to view. Individuals desiring to speak, please line up behind the podium and be ready. This is your time to address City Council. We only ask that you remain respectful and courteous to everyone in the room. When you reach the podium, please state your name and whether you are a resident of New Braunfels, a non-resident, or live within the ETJ. Thank you very much.

Good evening, is it on?

Hello?

Good evening, my name is Debbie Flume and I am a resident of New Braunfels. Tonight my focus is on the Downtown Workforce Housing Initiative, one of the most important components of our city's strategic plan. To quote verbatim from page 11 of the April plan update, the stated objective reads, create an incentive policy to support the development of additional workforce housing units. I am not against housing, or downtown housing for that matter, but apparently additional downtown workforce housing will require some combination of public incentives, regulatory concessions, gap financing, fee waivers, tax increment financing, or a public facility corporation structure to attract private development. From my observation, there seems to be an apparent disconnect between theory and practice. If walkability is one of the public benefits being used to justify these incentives, the city should determine whether the proposed rents would actually be affordable to the people who currently work downtown. There is also an important distinction between housing for people employed in New Braunfels and publicly assisted housing for residents who may commute elsewhere. If local workforce retention is the justification, the city should define the workforce it intends to serve and measure whether the policy accomplishes that purpose. Before providing public assistance, the city should identify the income ranges being served and publish the resulting rents. Every incentive has its own terms and conditions. Some expire after a fixed period, while certain tax exemptions and affordability agreements can continue for decades. When an affordability restriction expires, the affected units may become eligible for market rate rents, unless the agreement requires continued affordability or provides another form of protection. Before the EDC or the city commits funding to any workforce housing initiative or specific development, it is reasonable to ask, what percentage of units would receive public support and what percentage would carry enforceable rent and income restrictions? What is the complete value of the public contribution, including direct funding, fee waivers, tax rebates, infrastructure participation, tiers review, and property tax exemptions. How long will each public benefit continue, and for how many years will the corresponding affordability restrictions remain enforceable? Also identified in the April strategic plan update on page 10 is coordination with MBU on an impact fee waiver policy. Yes, you heard that correctly. Current development within MBU's service area is assessed applicable water and wastewater impact fees. based on MBU's adopted fee schedule and the project service requirements. The strategic plan contemplates developing a policy under which qualifying workforce housing projects could receive some form of impact fee waiver or assistance. As a simple example, A 100 unit downtown project could benefit from a waiver of 2.5 million in equivalent impact fees that every other developer is obligated to pay. A qualifying development structured through a public facility corporation may receive a substantial property tax exemption on school, city, and county taxes for an extended period. Before approving such an arrangement, the public should see the projected revenue loss to every affected taxing entity and the affordability received in return. Approval without disclosure would not demonstrate responsible stewardship. Downtown housing can benefit New Braunfels, but the word workforce should not become a blanket justification for transferring public value to a private development. Before committing EDC revenue, waiving utility fees, or supporting a property tax exemption, disclose the total public costs, the rents that will be charged, the incomes being served, the number of restricted units, the length of those restrictions, and the consequences for noncompliance. Only then can council and the public determine whether the promised affordability is worth the price. Thank you.

Good evening, Laurie Rowe, and I'm a resident. Good evening, mayor and council members. Thank you for the opportunity to speak. This evening, I will be speaking.

Ma'am, do you want to turn that? Oh, sorry. Yes, ma'am.

Nope. There we go. Sorry about that. This evening I will be commenting on the timing and scope of community input into the property acquisition and project development process. At the August 13th EDC meeting, leadership was asked whether community would have an opportunity to provide input on the Green 16 development plans. Leadership stated that there were no plans and the renderings represented online were only preferred concepts and they were just ideas. Attendees were assured that community input would drive how public lands were used. Yet during the same meeting, presentation slides described the land acquisition as supports our plans and advances the strategic development process. When asked about the infrastructure work that has supported projects such as South Castile, their response was, there's no movement. And current work is for flood mitigation only. This work is actually identified in phase one of the South Castile project in both the published 2010 downtown implementation plan and the bond advisory committee's project recommendations. During the October 2025 downtown board meeting, staff members were encouraged to continue accomplishing projects in order to meet the recommendations. The June 2026 EDC strategic plan lists South Castile Avenue and Union Pacific projects amongst a number of them. As being in the feasibility and planning stage, the city has an MOU to purchase the Union Pacific land off Castile. Respectfully, this is movement. To illustrate how community feedback is gathered, in the 2026 published Arts and Culture Master Plan, it states that the plan was developed following feedback that was gathered through one-on-one stakeholder conversations and thematic workshops. Workshop participants included, and I quote, a wide cross-section of the community. and specifically lists artists, gallery owners, creative business owners, nonprofit culture and heritage, organization leaders, city officials, staff, commission members, select business owners, museum curators, historians, education and community advocates. Missing from that list are residents. with no professional or organizational ties to the art community, business community, or city government, residents like many of us here tonight. By the EDC's own published numbers, engagement was equivalent to about 1% of the population. And this feedback was a basis for the master plan creation. If this is the model of how community input is gathered, then we should be concerned about who is and who is not being heard. Tomorrow evening, the Dittlinger Mill developer will be hosting a community input session. But as of this morning, I could not locate any information about this on the city website under special events, the calendar, community communication, or community input. I have a simple question. Will the residents' feedback determine how the space is used or will this be a presentation of the EDC's vision designed to gather community reaction? If it's the latter, then this is not what the EDC leadership has promised the attendees on August 13th. Over time, community priorities change. New residents move into New Braunfels and additional developments emerge. Residents should have a voice in the landscape of our city and not simply be choosing between development options after key decisions have been made based on limited input. Before major developments are initiated and will permanently alter the landscape and character of our city, I believe the full and honest scope of an intended project should be shared with the residents. For those projects that have spanned 10 years or more, I believe it would be prudent to reengage with the community to gather updated input prior to significant land alterations. I'm not suggesting that ideas be slowed, but respectfully requesting that council ensure all residents are afforded the project transparency and informed input be gathered from a greater population of residents before plans are formalized and developers contracted or incentives and subsidies promised. Thank you for your time.

Good evening. My name is Nicole Bodley and I'm a resident of New Braunfels. Thank you Mayor and Council for the opportunity to offer an idea for your consideration. Recently, there's been increased discussion concerning the New Braunfels Economic Development Corporation and how it allocates the sales tax revenue entrusted to it by taxpayers. A central purpose of the EDC is economic development and the creation and retention of permanent jobs. Historically, Much of that effort has focused on providing incentives for private companies to locate, expand, and maintain their operations in New Braunfels. My proposal is simple. Let's examine how some of those resources can be used within limits of state law to strengthen the recruitment, training, and development of our police officers, firefighters, and other first responders. I would argue that developing a highly trained public safety workforce is exactly the kind of job attraction and retention that taxpayers would support. The need for additional police and fire personnel was identified by the city's own staff during the fiscal year 2027 budget process. Because council chose, gratefully, to hold the line on property tax increase, several requested public safety positions could not be included in the proposed budget. At the same time, the city is considering a future multi-million dollar bond proposal for a shared police and fire training facility. Texas law expressly permits a type B EDC to fund public safety facilities. That makes the proposed shared training facility exactly the kind of project the EDC should be asked to evaluate. Instead of placing the entire cost of this facility on property taxpayers through the term bond debt, through long-term bond debt, I ask council to consider directing existing ADC sales tax revenue toward its construction, equipment, training technology, and other legally eligible costs. Every dollar contributed by the EDC before bonds are issued would reduce the amount the city must borrow. That would reduce not only the principal placed on property taxpayers, but also decades of interest in financing costs. This approach would not use EDC money to pay salaries or ordinary departmental operating expenses. It would use EDC money for an expressly eligible public safety facility while reducing the amount taxpayers may eventually be asked to approve through a bond election. Reducing the city's long-term facility and debt costs could also preserve the general fund capacity for separate need to recruit and retain additional police officers and firefighters. The good news is this proposal should not require another independent consultant study or community listening session to establish whether the need exists. The staffing and training needs have already been identified by the city's own departments and the public benefit is clear. I do not claim to know precisely how much could be allocated or how the funding arrangement should be structured. I'm asking council to direct staff, the city attorney, and the EDC to identify which portions of the proposed training facility qualify for EDC funding and how much this contribution could reduce a proposed bond package. Assistant City Manager Werner stated during his presentation at the August EDC meeting that the proposed EDC budget was designed to accommodate timing differences and provide flexibility for new initiatives. This is exactly the kind of initiative that deserves consideration. Here's one straightforward comparison that most citizens can understand. The proposed EDC budget includes approximately $4.4 million for the purchase of additional acreage and green for possible future development and tourism related purposes. Before committing that amount to another speculative land purchase, I asked the city and the EDC to compare that investment with a 4.4 million contribution toward the shared police and fire training facility. How much would that contribution reduce the bond amount? How much principal and interest would taxpayers avoid? What training equipment and infrastructure could it provide? Most importantly, how would that investment improve the city's ability to prepare and retain the first responders needed to protect a rapidly growing community? I therefore ask council to direct the staff, the city attorney, and the EDC to determine which portions of proposed police and fire training facility qualify for that funding, how much the EDC could contribute before the bond package is finalized, how that contribution would reduce the amount and the total interest paid by taxpayers, and whether the approximately $4.4 million proposed for additional property in green could be reduced toward this public safety facility. Economic development should not be measured only by the companies we recruit, the tourism projects we support, or the property we acquire. It should also be measured by whether New Braunfels has the public safety personnel and infrastructure necessary to protect the residents, the businesses, and investments that are already here. Thank you.

Good evening, my name is Kathy Miller and I live in an ETJ. I consider myself a native of New Braunfels because I started kindergarten at Goodwin Elementary and graduated from New Braunfels High School. I moved away for 16 years but have been back for 30, so I consider myself a local. Until recently, I never paid much attention to the political scene here, but when the mud started getting slung this past election, it caught my attention. Because maps are not my friend, I initially thought I'd be voting in District 6 and quickly decided I would not be voting for Ms. Shaw. I don't like change. Imagine my surprise then when I discovered I had respect Councilwoman Shaw on my 2026 bingo card. Over the past few meetings, I have watched her show up and conduct herself in a professional manner. She pays attention to all the speakers and presentations, isn't on her phone or whatever, and then when the presentation is over, if she has any questions, you can tell it's just to clarify facts. Once she's done that, she thanks the speaker. I may not agree with how she votes, but I cannot find any fault in how she conducts herself as an elected official. Thank you, Councilwoman Shaw. Unfortunately, I found another surprise on my 2026 bingo card. For the first time ever, I was a subject to what I and many people considered a thinly veiled threat on social media. I'm not gonna try and say I'm not argumentative because I am. If someone makes a claim, I'll push for facts and sources every time. I will say, however, that I was shocked at who posted it. Obviously, I'm not fearful about my physical safety, but there are things that can be much worse. We've all heard rumors of doxing in our community and the harm it could happen if it happens. Additionally, people often utilize professional retaliation, causing the victim to lose their job. Those are the actions that concern me. At this point, I haven't decided what my next step will be regarding this, but I felt strongly that this type of behavior by an elected official on their official social media page needed to be brought into the light. Thank you for allowing me the opportunity.

David Wormke, District 5. I want to pull item E in an order of business. And I've got a presentation for you tonight that will work. Last week I did a presentation about Wayne Allen Rudolph, along with several others, and I sent a long presentation, so it sort of left an opening to do one more thing. Tonight I have a song, a song entitled Wayne Allen Rudolph, God's Gift to New Braunfels. I'm going to do that song for you, and then I've got some comments on the end of about nine years of going through things here in New Braunfels. Wayne Allen Rudolph, God's gift to New Braunfels. Lived here, served here, taught here, last 25 years of life. Born October 30, Vanessa, Minnesota, depression baby. He engaged life, always serving, always learning, always innovating, always teaching. Got us wings in the 40s, serving in the Air Force. Got married in 53 to Claudine, love of his life. Got a BS degree in 53, Masters in 61, Ph.D. degree in 68. Now Wayne Allen Rudolph, he was a lifelong learning man. Teaching in Tracy, Minnesota. Principal at Janesville. Principal at Zemphora. Superintendent, Elmore, Minnesota. First Director of Research, Western Community College, Council Bluff, Iowa. Finally, his own CPA firm. Make a living serving, serving, always serving others. Wayne Allen Rudolph, God's gift to New Braunfels. Lived here, served here, taught here the last 25 years of life. Born October 30, Vanessa, Minnesota. Depression baby. He engaged life, always serving, always learning, always innovating, always teaching. Retired in 2001, moved here to get closer to his daughter Pamela. Started serving here, not for a living, just serving, serving, serving, serving others big time. Sharp as a tack, an accountant's detailed mind, he knew where every bean was hiding. Serving the city, serving his taxpayers, serving, serving, serving, until he was no more. 25 years of serving, never on a board, never an elected official. 20,000 plus hours serving, making New Braunfels a better place to live. Always shining, shining a light on excess. Always with success. Sometimes big, like the 2005 senior citizens property tax cap. Most often, less noticed but innumerable. Innumerable and ever present. Knew him quite well for nine years. Both of us worked together to illuminate city affairs. Keeping a low profile, no visible connection. Wiser that way. Educated me to the way of government, its hidden excesses. Wayne Allen Rudolph, he needs to be remembered. A high bar, a high bar of citizen leadership. Wayne Allen Rudolph, God's gift to New Braunfels. Lived here, served here, taught here, last 25 years of life. Born October 10, 1930, Vanessa, Minnesota, Depression baby. Engaged life, always serving, always learning, always innovating, always teaching. He will be remembered in a song and maybe a room with his name in New Braunfels City Hall. Now I've gone through about nine years of stuff. South Castile Avenue master plan, Zip Sports Park, San Antonio Street repaving, the police stations not sinking. Truth, truth has not been something that has really been straightforward. It's a very powerful thing and it's time We stop the spin, stop the marketing, stop the smoke and mirrors. Just speak truth, the whole truth, nothing but the truth. People will start believing the city again. Thank you.

Hello, council members.

Yeah, this last week I came up here and spoke on automatic license plate readers, or also known as flock. I see them as a threat to the Fourth Amendment and our individual liberties. However, I am going to be coming up here until these are removed from our city and I am going to be doing this in episodes and this episode I'm going to focus on ALPR abuse and also error rates and what it can have as repercussions on individual citizens. All right, yeah, so I put together 76 cases of errors and misuse from police departments. So if you look at the first one in the bottom left, you see a ex-Riverside County deputy charged with stalking, child porn, and more. And after being arrested for kidnapping his ex-fiancee, Deputy Alexander Vanni allegedly used the department's flock system to track one of her friends. In December 2025, he was convicted of multiple charges in a jury trial. If you see on the bottom right, we have a flock license plate reader linked a San Diego man to a violent crime. He was only five miles away. Based on a flock capture, officers mistook an innocent driver's car for one that was at the scene of an attempted carjacking. The driver was jailed for nearly one month. As you see in the top left, Detroit to pay $35,000 after license plate error prompts wrongful detainment of mom and toddler. This is a pretty outrageous case. Officers misinterpreted an ALPR data and detained an innocent woman at gunpoint, put her autistic child in the backseat of a police car, and impounded her vehicle for several weeks. In the top right, you see in Florida, based on a flock capture, officers mistook an innocent driver's car for one that was at the scene of a deadly shooting. Based on a flock capture, officers mistook this innocent driver for one that was at the scene of a deadly accident. My mistake. It was an accident, not shooting. But the driver was jailed for 13 days. Down in the bottom left, you see in Toledo, Ohio, after a flaw camera misread a seven as a two, officers detained an innocent driver at gunpoint and sick their dog on him. In the bottom right, you see no charges for an Aurora police officer who held children at gunpoint after erroneous traffic stop. So again, another misread that led to guns being drawn on an innocent child. In the top left, you see one where the footage shows, in this report, the footage shows cops stalking a woman he met on a TV set after surveilling her with a license plate reader. He essentially went and pulled her up and then even pulled her over once he found out where she was. In the report to the right, we only have the report hash, but it's where Officer Sergio Rodriguez was fired and indicted for allegedly using the flock system to track his ex-partner more than 2,000 times over a period of 11 months. In the bottom left, you have Haines City officer arrested for misusing flock cameras to track his estranged wife, and that was also almost a thousand times where he searched. Richmond County flock scandal grows with three high-profile arrests. This is where they were uncovering police officers that were using this to track different women. Up in the top left, you see Jefferson Parish deputy fired for misusing flaw camera to track ex-fiance's vehicle. In the case to the right, you see a flaw camera failed to distinguish between temporary and permanent license plates. Sheriff's deputies detained an innocent couple at gunpoint. Yeah, as the time's sort of wrapping up, I'm just going to say that there are numerous cases where guns are being pulled on innocent civilians because of this technology misreading, misidentifying. And this isn't just nearly all human error, there's software error that goes on with these devices. And I'm going to be coming up here every single week that I can and presenting you guys with information and arguments of why we should remove these ALPRs from our city. So I thank you for your time. And if you have any questions afterwards or you can message me at TexasPrivacyCoalition.com, I'll be happy to answer any questions.

Good evening, City Council. George Green, resident here in New Braunfels. And I'm here not asking for any kind of money. But what I do want to call your attention to is an issue that came up and was brought to my attention. There was a New Braunfels young Republican group that had a speaker to come in and basically spewed a bunch of hate message kind of a presentation. What I do want attention brought to by the council is that this kind of audience speaker is growing more and more and more. I graduated in 1975, 10,000 people here. Never was called a nigger in all of those years. Since then, I've been called a nigger a number of times. And then we got a young group here that's now they distanced themselves from the speaker, but people are quick to judge. New Braunfels is a beautiful town. It always has been, always will be. But it's the people that we're drawing in that is and can get to be ugly. And all the money that we're talking about, EDC helping here, moving money there, That can be destroyed quickly if we let this race issue get out of hand. And we can no longer put a head in the sand and act like, no, there's no racism. And these groups do not exist, but they're growing more and more. and so I've always been a guy to be proactive. That's been my nature. That's been my background. Government tends to be reactive. They always are reacting to something that's already happened, so I'm asking us in this matter, as much as we can, you know, there's some limitations there as far as your freedoms and all of that, but I wanna call our attention to it. We've had an expert come in, Dr. Alex Del Carmen, and he gave us a presentation on racial profiling and trained, and then we still got sued for racial profiling. I'm like, that doesn't make sense. So yes, be attentive, be sensitive to what is going on, and as much as you have control over things that happen in the city of New Braunfels in the future, do what you can. Thank you.

All right, I'll be the last one. I'm sure everybody's happy with that. I'm Brad Porter. I'm a resident, city council member, city staff, mayor of the people, Mr. French. I know that you're really into helping out the residents who are paying taxes here not to have to pay for downtown parking. I don't know how that's going for you. I'm kind of removed from that. I don't have to pay for your parking, but I wanted to bring something else up to you that maybe would be in that same vein. The city tube chute. So during the season, the city tube chute charges residents $7 just to go down and sit by the water. I'm not talking about getting in a tube and going down the chute over and over again. I'm saying if I just wanna take my dog down there and hang out and watch people fall out of their tubes and laugh, I can't do that for less than $7, even with the resident river pass. So I don't think residents who pay taxes here in New Braunfels should have to pay $7 for the tube chute. Now I did have a friend who said I'd rather pay fees than taxes. And he explained that to me. And it made sense. But I'll tell you, the taxes, they come out of my stuff. And I don't really pay a whole lot of attention to that. But I do pay a lot of attention to $7 coming out of my pocket every time I want to go down and sit by the river. So that's something I'd like you to look into. The other thing is local government competing with small business. There are 11 different outfitters in town that do river outfitter stuff, and the city's actually running tubes out of the tube chute for half the price. The city should probably be cheerleading for local and small business and supporting them and not competing against them. So that's something else I thought maybe you want to look into. That's all I got. Y'all have a good night.

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? Item E. E is an echo?

Yes, yes, sir.

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?

We don't have any ordinances, sir, so you don't have to.

Okay. Who's seconded? Ms. Lee?

I second.

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.

Good evening, Mayor, City Council, Becky Viatrick. Happy to take any questions you or whoever pulled the item has.

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

David Warmke, District 5. No questions, just a couple comments. I have pulled many consent agenda items. They're often confusing, difficult to figure out what's there. This one should be the standard that people write items by. It is clear, it is concise. You can glance at it, you can tell what's there in a minute. The bottom line is it's 2.3 million of unexpected revenue for the airport fund, and from that, they wanna increase expenditures 1.2 million, so there's an additional expense to the budget, and then a savings of a million dollars. Now, second point, I wanna remind you, two, three meetings ago, we were here in 4B EDC, forgave a part of a $1.2 million note over $600,000 to the airport fund. They seemingly don't need it. I've been told by somebody very involved in the airport, it wasn't requested. It was a surprise. Not a very good way to spend taxpayers' dollars. Thank you. Thank you for the wonderful item. Thank you.

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

I second.

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 Safety. Councilwoman Carter.

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?

Yes, ma'am, we do have Mr. Jeff Jewell as well as the airport director who manages the daily operations at the airport, Dr. Robert Lee, are here. And they'll actually be sitting right up here at the front.

Okay, very good.

To answer any questions you all may have.

All right.

Okay.

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

No, ma'am, we do not have a presentation, but we'll answer any questions you may have. Anything we're not able to answer tonight, we'll provide you all that information on follow-up. We also do have Chief Lozano here to answer any questions related to fire department's preparedness for calls for service at the airport.

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 Randolph Air Force Base. can you talk to me about communications at the airport? Because I kind of put shout line in the communication. And if you want to give your description of what a shout line is, it'll probably be better than what my description would be.

The shout line is a landline between our tower and San Antonio TRACON. It's basically used for clearance delivery, getting instrument approaches approved, not approved, or whatever. Shout line has been intermittent. We have old copper wiring between the terminal and the tower. We actually, when it rains, we have issues. Oh, sorry. Historically, when it rains, we've had issues with it. Recently, the shout line has been out along with our clearance delivery line because we have a radio that has malfunctioned and it bleeds over. We're currently... We have a contract signed by Phoenix Navtech. They should be out within the next week or two to not only fix the ground radio that's bleeding over, adjust the clearance delivery, and fix the shot line, as well as all the cabling and antennas.

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

It's intermittent. Of late, it's been out for a few months, which the minute it was like hard... like a hard stop, so to speak, in terms of use, is when we contacted Phoenix Navtech.

Okay. If I may, actually your consent agenda item E included a provision for funding to be able to replace that equipment.

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

So if I may. Sure. The shot line's used for instrument approaches, which San Antonio approves or disapproves or disallows. So on some occasions, the shot line being down limits the approaches occurring in New Braunfels. If their approaches still continue, I'm not sure this particular individual's reason for those approaches not happening. It could be a myriad of reasons. If there's too much traffic in the pattern, they will not approve an approach into New Braunfels. It just gets too congested. Between flight training aircraft, corporate aircraft, personal GA, and, Military, sometimes it gets pretty busy up there, and even San Antonio will not allow instrument approaches for flight training if it gets too busy because the bigger aircraft that's in there stints in the same. It's a fairly common practice. If too many birds are in the air, they limit training approaches because they give priority to folks that are flying in and out.

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 flight schools. There's three flight schools as I understand it.

So we have four flight schools. One of the flight schools has the military contract for primary training as well as for preparing future military drone pilots. They often release aircraft in what we would call chocks. So let's say their eight o'clock class has eight aircraft eight aircraft going out. They sent them all at once. So now you have eight aircraft going to the whole short line to take off in addition to everybody else. That is... That's congestion because you just have, you have eight aircraft going up. Does it create issues? It creates a wait time. If there's too many aircraft taxiing into the whole short tower, we'll let them know, you know, we can't do, you need to wait 15 minutes, you need to hold your taxi time. As far as that creating problems, it's more of a, for inpatient instructors and students that have to wait because they have fast movers coming in or an aircraft is coming in and they're getting ready to kick out a 172 for takeoff and they're going through their pre-flight checklist and their pre-takeoff checklist and stuff, sometimes aircraft that are inbound, they're told to circle. As far as safety issues with that is concerned, I'd like to speak to that, General.

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

Randolph still flies into New Braunfels. We'll get two, three, four ship formations, if not every day, at least four out of five days a week. Pilots love us. They haven't said anything to me since I've been there.

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

So the shout line and the ground radio, which is bleeding over into the clearance delivery, so it takes clearance delivery out of line. So if you have two radios next to each other, they have to be shielded, and the current ground radio is bleeding over into clearance delivery. That will be fixed when Phoenix NAPTEC gets the notice to proceed.

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

They have the radios in stock. They're just waiting for the notice to proceed.

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?

Once I give them notice to proceed, they can be here within 48 hours, I was told.

Okay. As far as the military.

Yes, ma'am.

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.

Yeah, the T-38's flying to Seguin's auxiliary field. And their pattern from Randolph to Seguin, it's been a known issue between San Antonio Tower, the Air Force, and our tower. When aircraft take in, our tower turns them before they actually hit that space. they're just moving really fast and they're very protective of their airspace, but at no time, I'm unaware, especially with conversations I've had with our tower manager, of any instances where aircraft that are under our tower control or San Antonio's control have strayed into that corridor.

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.

When the corridor is active, it's already deconflicted. That's standard operating procedures in airspace. When the military corridor is active, we know that aircraft have to stay out of that corridor.

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

Yeah.

On record?

ATC has that. It's in the FAA publications.

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

Intermittent ground. Ground radio is if you're talking, if you're on the ground, speaking to the tower, requesting permission to go. If ground goes in op, they switch between, we have air-to-air radio, We have clearance delivery, which speaks directly to San Antonio TRACON, and we have the ground radio. So if the ground radio goes out for any reason, they can communicate on the tower frequency.

Okay.

So we've never been no comms. And when we go no comms, the tower issues a, ATC zero, there's a notice to airmen that's put out and we notify the FAA, we notify San Antonio that the tower is no longer controlling and we revert to uncontrolled airspace.

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?

Yes, ma'am.

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. Would you be okay with that?

If Randolph can get FAA to put a radar in New Braunfels, I will do a jig.

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.

We do not have radar. San Antonio provides radar for this area. We were seventh on the priority list to get a radar feed from San Antonio, which typically, is how it goes. For example, San Marcos has radar, but it's a radar feed from Austin. COVID happened and it changed the landscape and the FAA also is no longer putting in new radar locations because they have a limited number of what we call STARS programs. So STARS is the radar that most commercial airports use, and those boxes, let's call them, they don't make them anymore. There's a limited inventory, so they are not putting in new instrument landing systems, and we're on the back burner. Now, there is proposed legislation coming out talking about getting contract towers. in line with some of the other commercial towers to get them radar, but that's still in Congress working through. But if Randolph can get us a radar feed and get us a STARS box so that can all happen, I would welcome it.

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.

So Seguin is used primarily for the T-38s out of Randolph, which are jet trainers. The jet trainers do not fly to New Braunfels. Our runway's not long enough. The FAA.

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

They're not coming through Class Delta airspace. Because then they'd have to, the minute they enter Class Delta airspace, they have to communicate with our tower.

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 New Braunfels is a public use airport and it is open 24 hours a day.

Right.

Business hours for the fixed base operation, which the city also owns and manages, is the business side of the airport for the aircraft handling. We sell fuel. We provide power carts. We do lab services and stuff. So business operations for the FBO is 7 a.m. to 7 p.m. Mm-hmm. The airport is open 24 hours. So outside of business hours, people can land anytime they want. The terminal is, they're able to access the terminal, use the restrooms, but the business side is closed. But the airport is open. At no time is the airport closed where they cannot fly into New Braunfels.

So we've got aircraft landing without anybody in the tower, as an example, and they just take off again.

Happens all the time.

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?

So a few years, the FAA mandated what's called ADSB, which is a transponder, basically a transponder a piece of equipment that transponds that code for that aircraft. It's specific to that aircraft. We have a program that monitors ADS-B, so I can print off reports. It is, for the most part, accurate unless the pilot turns off his ADS-B, which we have no control over, or the aircraft is one of those aircraft listed by the FAA that do not require an ADS-B. So depending on where you are flying, depending on what the airspace is, some aircraft owners do not have to have ADS-B in their aircraft. When New Braunfels, is in operation with the tower, which is 7 a.m. to 7 p.m., we're considered Class Delta airspace. We're a controlled airspace. When the tower closes, we will revert to Class G airspace, which is uncontrolled and is similar, like if you're out in West Texas over farm fields, that's Class G. San Marcos, because of their proximity to Austin airspace, I believe they remain Class Echo.

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?

A drug trafficker most likely won't be flying into New Braunfels either.

You think not?

We've got a lot of drugs on that interstate. So if they're coming in at night, in my experience, they would probably go to a grass strip. They would go to a smaller airfield that doesn't have activity. We have folks flying in and out of there, flight training going on until 9, 10 o'clock at night.

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, we don't know anything about, and that we have foresight that in five years we project to need this or in 10 years or in 20 years. I would think an airport has a pretty good strategic plan.

Yes, ma'am, we do.

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.

I think every department could answer that question with several items.

Right off the bat, I could say we need a new tower. However, that is in play. We finished 30% design using federal contract tower grant program money. We're looking at finishing up... final design and going to construction, hopefully within the next couple years. The beauty about the FCT grant is that it's 100% funded. There's no match. So, you know, a must-have is a new tower, yes.

Okay. And an FAA radar.

Radar would be great.

Let me see what kind of pixie dust I have.

I will make sure that- If you could get us radar on New Braunfels, like I said, I will dance a jig.

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.

We work with the flying training ring out of Randolph because they send their aircraft to us. And the FAA was looking at decommissioning the VOR, which is a navigation aid that Randolph relies on. So they were gonna decommission it because they've been decommissioning a lot of the older technology. And Randolph asked me about it. I think they need to keep it because it's valuable, especially in this area. I provided them all the data so they can make a case with the FAA to keep it. So I got a pretty good relationship with the folks in Randolph.

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.

We'll certainly do that.

Until it's done would be my request off of this. And then I'll yield to the rest of council for any questions.

We'll certainly provide the entire council with an update. Again, with what you approved this evening, we'll provide you an update on the progress of that, which, as Dr. Lee has mentioned, just takes a notice to proceed and they'll be able to come here, I think fairly quickly, to replace the equipment.

Okay. Anybody else?

Any further discussion?

If I may, Mayor, I would like Dr. Lee to just kind of provide to us how many years aviation experience do you have and then how long you've been with the New Braunfels Airport

I've been with New Braunfels for nine years, three days ago. So I've got 27 years in aviation as a professional. I've been in the fixed base operation airport management arena since 2003. From a fixed base perception, I've worked for the major players in the United States, Millionaire, Signature, Atlantic, Landmark when they used to be around. I believe I have a pretty good handle on the little operation we have here.

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

So I was in Honda. I was a director of aviation for the city of Honda before I came here. And I was at San Antonio International before that.

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?

So those aircraft were prior to my time in Hondo. Goodfellow was at base.

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.

Laughlin, yeah.

Yeah, would be in your airspace there. So you've accommodated military airspace numerous times in the locations you've been in.

I've been, I've done consulting at Ellington. If you're all familiar with Ellington, NASA and the military flying in and out of there all the time. I've been at Lakeland where the hurricane hunters are, Tampa International, Houston Hobby,

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.

The majority of airports, I would say... 90% of airports do not have radar.

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?

So aircraft have to contact our tower before they're four miles out. Typically, and it depends on the pilot, if you're inbound for landing, it's courtesy to give them more than a 10 mile heads up. So when I'm flying or when I was flying more actively, I'd call them when I'm 15 miles out, tell them I'm 15 miles out in whatever location I'm at and then make contact and then they'll typically respond, let us know when you're five miles out, or if there's no traffic in the area, call us when you're on a three-mile final.

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.

So we are replacing the ground radio. By default, that should clear up the clearance delivery line. They're gonna find that out when they put in that radio. If it doesn't, then we'll get a new clearance delivery radio. In addition, we're replacing all the cables and the antennas.

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

So after hours.

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

Okay, so after hours, it's been a few months since I ran all the data. But I sent a request to the FAA about what their criteria is to extend operations for the tower. from the period of seven to nine, which is the first two hours after the tower closes, we're averaging about seven operations an hour. After 10, it's about four operations an hour. 11 to 12, it's intermittent. Maybe one or two a month after 11 o'clock.

And these are like Cessnas?

It depends.

Any helicopters?

We get helicopters. We get Cessnas, Pipers. We'll get jets in here. On occasion, we get small cargo. Typically, they're delivering parts to Caterpillar or Continental.

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.

There's 3,300 public use airports in the country.

Yeah, is that because we decided not to do it? We wanna go in favor with everyone else?

No.

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.

So when there's cargo operations, we have staff there?

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

The FAA won't fund it.

The FAA won't fund it?

The FAA won't fund it.

So we just won't do it?

So the tower's an FAA contract tower. So it's an FAA tower that uses contractors.

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?

So Mayor, if I may, I'd like to ask Chief Lozano to come up and actually answer that question. Yeah, Chief, if you don't mind. Subject matter expert.

And that's just a question because.

And certainly Robert can fill in if he needs to.

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?

Mayor, Council, every apparatus in New Braunfels is carrying foam, either 20 to 30 gallons, which is capable of putting down a blanket if we have an aircraft to land to prevent the sparks, or to completely smother, creating an envelope of that foam. So we are completely prepared, and our closest station can be there within four minutes.

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.

Thank you, Jeff, Dr. Lee.

Go ahead, Councilman Capizzi.

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

Yes, sir.

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 when we did the master plan, one of the things that, one of the questions we have for the airport planners was the feasibility of the airport becoming, getting certified as what we call a part 139 airport. Every commercial airport is a part 139 certificated airport. You have to be to have commercial air carrier service. Since the likelihood of that happening in New Braunfels is minimal because of our, distance from San Antonio and Austin, it's unlikely that commercial carrier service is gonna get. So there's no need to get Part 139 certification. The cost to get that is extreme, and then you have to maintain all that. So.

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

An ARF unit on the airfield is only required when you have, if you're a Part 139 airport. And the response times, just for point of information, for a 139 airport, if you have an ARF unit, the response time has to be six minutes to the center of the field. Fire station six is response time to the airport's four minutes. I'll take that.

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?

We have a safe airport, sir.

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've got one, two, three. Three approved grass fields, I guess, that are in the zone that have an FAA. Designator, yes. Right. So, I mean, there's lots of places. And then there's one right off of 306 that was an approved airfield at one time that was owned by somebody that was a former member of the government, so. I mean, there's lots of places for people to put down around here. Oh, 281. Is the other one fly-in community? Yeah, Bolverde. Yeah, and then there's another fly-in community in between Sewell and Seguin, I think. There's Huebner. Yeah.

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.

If Randolph can get the FAA to put radar in our tower,

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.

As soon as they're installed and it's live, I'll let Jeff know. Jeff will know.

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.

Not for us. It's not out of sight, out of mind.

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.

We were actually contemplating and preparing for a presentation in the fall, kind of a comprehensive report update for the council sometime in the fall. So we'll be sure to include it then.

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

I can neither confirm nor deny. Neither confirm nor deny. But by George, you know, I'm going to speak the straight truth. Wow.

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.

Correct.

Mayor, one last item. If you recall during the budget discussion regarding the airport fund, which was last week at a budget workshop, I almost hesitate to say this because I do have other departments in the room, but the airport fund is the only, I believe it's the only fund that has no unfunded

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.

Good evening. I'm Pam Timmerman and I live in the city limits. I am right next to the New Braunfels Airport. I have lived next to the airport for 42 years. So I see the flights come and go on a regular basis. I've met Mr. Lee. Just to make it clear, I've never spoken to Tony Carter or Mayor French about any of this, but that you bring it up, I thank you, because it is a huge concern as a resident. District two, Mr. Capizzi is our representative, but unfortunately, he doesn't tend to listen to the concerns of our residents. while being out there regarding the airport, nor did Mr. Willis, which is why I think helped get him out, was because he never wanted to listen to anybody. He was connected to the airport. I just want to make it very clear that I have been on my driveway at 2.30 in the morning a couple of different times with my dog going to the restroom and watched a large plane land, an SUV pull up to it For five, 10 minutes, the SUV take off and the plane take off. Now you explain that to me and tell me you can be naive not to think there's drugs coming in through that airport with no security and nobody watching it.

My name is David Slaughter. I am not a citizen of New Braunfels, been at the airport for 25 years. To answer your initial comment about Randolph traffic and Seguin auxiliary, I can personally attest to the closure rate between a Cessna 182 and a T38 is pretty rapid when you're at about 2,500 feet closing at each other. But to mitigate that risk, we are informed by the tower before we even take off that there is activity in that area. So we have a frequency to call that we can talk to their controller down there at Seguin and find out the activity. And normally, my response is I'm going to move away from Seguin about five miles away, because that's considered an alert area down there. And I do want to tell you that the T-38s do not always stay in their alert area. They regularly overshoot their downwind before they turn back in. And they're in our airspace. And they're not talking to anybody here. So it's the responsibility of every pilot is see and be seen. We're required to look out the windows to see that type of traffic. We have technology in our cockpits that tell us the closure rate. And I can tell you that they pop up quick. And by the time you see them on your screen, And you look out the window, they've already blown past you. So it's best that we've learned as little guys to pretty much stay out of their way. But the landline and the radar thing has been discussed for over 15 years that I know of, trying to get our tower controllers so they have better situational awareness of all the aircraft that's in their area. And if you can get that radar, I will be your best friend that you can imagine. On the matter of after hours, I've flown out of that airport all hours of the day and night doing training. You have to do night currency out there. I want to tell you, we have people like Continental and Caterpillar that are coming in regularly, bringing in freight. When you talk about SUVs that are pulling up, I've seen those people come up and There are people that are being dropped off. They're being picked up. And they come in late. And the airport is open, like Dr. Lee said, 24 hours a day. It just so happens that the tower is not open at that time. And we become an uncontrolled airfield. And there are FAA rules for every pilot has to observe to do that, how you communicate and how you get down and how you do it. And it's just part of aviation. You cannot, we just don't have the activity to afford to staff that airport 24 hours a day. But I can tell you the T-38s look really small when they go by, very quickly. And one of the things to help you all with the surveillance, the recent installation, $1.3 million that was spent to put the fence around the airport is one of the best things we've ever done. And we've been asking for that for probably about another 12 years. And eventually got to that after a game incident. But I'm not so worried about the people in the SUVs. I'm worried about the deer and the coyotes and everybody else when you're landing, those little critters. But the fencing and the gate control that started in effect the last month or so, I can assure you some of the pilots don't like that, because now they have to push a little number to get into the airport. But it's one of the best things we've ever put in, and we've been needing that for years. And that's finished and done. So 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.

Good evening, Mayor French and council members. I'm Matthew Simon with Neighborhood and Community Planning. The subject property is located on the northwest side of Seidel Street, approximately 700 feet southwest of Seidel and North Live Oak Avenue. It is within the Starlight Terrace subdivision, which was plotted in 1972. The surrounding area includes both light industrial and duplex zoning with adjacent land uses consisting primarily of single family and two family residences, including site built and manufactured homes. The property is currently zoned M1 light industrial district. Residential uses were previously allowed in the M1 district. And in 2019, the M1 district was amended to remove the allowance of new residential development to preserve industrial zoning for industrial and manufacturing uses. The applicant is requesting R2A zoning to allow the use of the property to be consistent with its assigned zoning district. The proposed rezoning would formally align the property with the existing residential development pattern alongside Dell Street and would remove the potential for future industrial development of the property. The request is consistent with the Envision New Braunfels, the city's comprehensive plan, including actions that encourage balanced and fiscally responsible land use patterns, support healthy jobs and housing balance, and promote a mix of housing products across the community. The request also supports the strategic plan's economic mobility objective related to increasing affordable housing opportunities. Additionally, the request aligns with the land use fiscal analysis by supporting fiscal health and affordability allowing compatible residential redevelopment potential and recognizing the existing residential neighborhood context. Public hearing notices were mailed to aid property owners within 200 feet as required by state law. The city has received two responses in favor and none in opposition. A super majority vote of city council is not required for this action, The Planning Commission held a public hearing on July 7th and unanimously recommended approval. Staff recommends approval of this request. Thank you.

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.

Motion to approve.

I'll second.

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 Charlie 1A, Neighborhood Business District, currently addressed at 2009 South Walnut Avenue, Matthew Samant.

Thank you, Mayor French. Matthew Simon again with neighborhood and community planning. This subject property consists of an approximately 18,000 square foot commercial retail building on about 2.6 acres along the east side of South Walnut Avenue, just south of the intersection of Walnut Avenue and County Line Road. The property is bordered by commercial and residential zoning uses. The applicant is seeking to rezone the property that is currently zoned APD agricultural pre-development with a SUP overlay, stands for special use permit overlay, to the base zoning district of C1A neighborhood business. The existing zoning approved in 2016 allows a restricted list of commercial uses which the applicant states has constrained the ability to attract and retain tenants. The applicant indicates that the limited uses have contributed to long-term vacancies within the retail center and hindered leasing efforts, despite the property's location on an arterial roadway. C1A would allow additional neighborhood serving commercial uses that are compatible with market demand and would reduce the need for nearby residents to travel to commercial centers farther away. Here are a couple of photos of the property. During field visits, staff observed at least two vacant units and an underutilized parking lot. The site's configuration, existing building placement, and substantial separation from nearby single-family homes provide buffering to ensure compatibility. All site access is onto Walnut Avenue, a multi-lane arterial. Some of the uses currently allowed under the special use overlay are medical and business offices, coffee, pastry, and ice cream shops, and a pizza shop that is delivery and pickup only. A bakery, health club, pharmacy, and sit down restaurant are a few of the uses that are not currently allowed within the existing overlay zoning designation that would be allowed under C1A neighborhood business. The proposed zoning aligns with Envision New Braunfels and the strategic plan's goals for neighborhoods serving commercial uses within walking distance of residential areas, as well as the land use fiscal analysis of improving the overall fiscal performance of the city by reducing commercial vacancies. Notices were mailed to 36 property owners within 200 feet of the subject property. Staff has received three responses in opposition. None of them were written responses, just the indication of opposition, and that accounts for 4% of the surrounding area. Staff recommends approval, and the applicant is here to present and discuss the request. Thank you.

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.

Councilwoman Shaw.

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?

Yes, yes, it's by mail.

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 move to approve.

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.

Good evening, Mayor, City Council. Provide an update, and this is a second reading for the no parking on Divine Way and discussion and direction we received from City Council a couple weeks ago. So again, a little bit of background. We received a request from Dove Crossing to prohibit parking on both sides of Divine Way, southwest of the intersection with Fayette Drive. There's a sight distance and safety concern due to parked vehicles on the east side of Divine Way, southwest of Fayette Drive. Overall, we have an overall map that shows the location of Divine Way and the general location in New Braunfels and then a detailed map of the street itself where you see in red was the initial no parking request and then the area of concern and you see in this aerial where vehicles are parked adjacent to the intersection. So real quick, Divine Way two lane residential collector. It provides collector access to a couple subdivisions. It also connects Walnut Avenue to Dove Crossing via Eagle Pass and there's a 30 mile an hour posted speed limit. Again, city staff was out there doing a number of observations and measurements regarding the pavement width, there's existing sidewalks and curb. And based on this photo and site observations, vehicles are actually parked on the east side of the intersection, limiting site distance. However, there are no other parked vehicles observed during that time period, not to say they're not, during the intersection approaches, during the observations. So again, a few related requests and some comments from our last meeting. Staff has received requests from the Dove Crossing HOA for traffic calming on Divine Way and Dove Crossing. We're discussing Divine Way this evening and we're working Dove Crossing through our 2023 bond program. Implementing traffic calming measures can address speeding concerns and designate travel and parking lanes to improve feasibility. And I'll provide a little bit of update on that. And then based on feedback from city council, we are developing new street design requirements in the proposed land development ordinance to address neighborhood traffic calming safety concerns just like this with new development, primarily with bulb outs and improving site distance on some of these certain streets in the area, or in areas that come through. So the staff recommends installing no parking signs 20 feet from the unmarked crosswalk where we identified the problem, and then traffic calming investigation with the resident petition, and then our Transportation Traffic Advisory Board recommended approval of the HOA request for the full 165 requests southwest of the intersection. Again, on August 10th, City Council approved to prohibit parking on both sides of Divine Way, 60 feet southwest and northeast of the intersection with Fayette Drive, and then move forward with traffic calming investigation for Divine Way from North Rance Estates, where the all-way stop is, to Eagle Pass Drive. Staff is in the process of that. We're actually collecting data this week. So if you're in that area, don't speed, just drive normally. And then based on that, we'll be putting together a couple of options and we plan to take that and inform the residents and take that to our Transportation Traffic Advisor Board sometime in October or maybe November. So again, moving pretty quickly on this request. So again, with that, we did wanna locate a graphic on the 60 foot on both sides. So again, you see this is 60 foot measured from the edge of the curb line out, and then you have no parking to improve visibility in both directions. That way we're not having necessarily a parking issue on this side and then moving it to the other side. I do want to note that your site distance right now, since there's no designated parking lanes, is based on the actual curb line. However, if we do traffic calming, we do expect to push that site distance out further with, say, some bulb outs or something like that. That way they have improved visibility as well. So again, that's something that we'll be working through

regarding our process.

So this evening, it is to do the second and final reading for the 60 feet on both sides of the intersection, and then we have our public works crews lined up to get those signs installed fairly quickly after this approval. With that, I'll take any questions.

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

Is that not working?

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?

No, sir, because the motion was just for Fayette Drive. At North Ranch Estates, we do have an all-way stop. So again, there's an all-way stop, so that approaching traffic actually stops, whereas approaching traffic on Fayette Drive does not stop.

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.

No, Council Member Spradley, because the stop is focused on Fayette Drive, because at North Ranch Estates, there's an all-way stop, so that cross traffic actually stops, so we have the sight distance there, whereas we want to improve sight distance on Fayette Drive.

But the other part was also doing traffic calming as quickly as possible?

That's correct, and that is underway right now.

Okay, so nothing's changed other than that?

Not from the city council direction or the approval that was provided last council meeting.

Don't turn it off.

Any further questions, you got a mic?

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.

That's correct, council member, that we did work through the police department to indicate that as we work through and add this to do the increase in enhanced enforcement in this area.

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 provide a work order to our public works department and that's out of my control.

Okay, thank you.

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.

And thank you, council member. And again, we just want to know, this is a start. So this is the start. We're going to continue through the process. And also, the purpose of the second and final reading in the presentation is we did inform and sent notification to the other property owners on the other side of Fayette Drive of the proposed parking restrictions. So again, we've notified both the property owners adjacent to the parking restriction that this is coming in front of city council.

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?

The initial caption that was provided and discussed was 165 southwesterly, but based on the approval at City Council on August the 10th, City Council said 60 feet, both southwesterly and northeasterly, and then we updated that caption according to City Council's approval. And I'll defer to Mr. Brown.

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.

Good evening, City Council. Lisa Best, District 2. I actually live on Fayette Drive. One thing that was not mentioned at the August 10th meeting is that the, and I'm, excuse me, I don't know which direction it is, but the opposite side of where all the vehicles are parked, that corner also has a fire hydrant. and the house on that side where there are no cars but same side of the street on Divine Way has been empty for three years. It was purchased a month ago and there have been about seven vehicles now parked on that side of the street for over two weeks now. They've been parking five feet from the fire hydrant I also did not see any police last week. I drive out a couple times a day to drop off pickup, didn't notice anybody. So the point of sight starts from the middle of the intersection is what it looks like. I thought that the crosswalk was from where the entrance to the sidewalk was. So is that the 60 feet goes from the middle of the intersection? Or it is from the sidewalk there at the bottom? I can see it now, okay.

Yeah, the 60 feet comes from the actual curb line of Fayette Drive over is where it starts, not necessarily the center of the intersection as well. And then where the dot is looking both left and right, that's where a typical driver would be stationed, located, be looking left and right. So it's for that driver visibility.

I think that the 60 feet is adequate and will be safe for children, the hundreds of children that are walking down Divine Way every single day to and from school. I know that the sixth grade class added about 30%. This year and the whole school had to change their scheduling because there are that many more kids at New Braunfels Middle School. But thank you for your consideration and time.

I'm just here for emotional support.

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.

And the police chief is gone, isn't he?

I believe so.

Okay, I'll call in and, the non-emergency line, thank you.

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.

A motion for approval.

I'll second. So Councilwoman Lebowski motioned and seconded by Mayor Pro Tem Capizzi. All those in favor raise your hand.

We need a roll call, Mayor. We need a roll call on this one. As a second reading.

Madam Secretary, please call roll.

Councilmember Carter. Yay. Mayor Pro Tem Capizzi.

Aye.

Council Member Edwards.

Aye.

Council Member Spradley.

Aye.

Council Member Lebowski. Aye. Council Member Shaw. Aye. And Mayor French.

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?

Yes, sir, we're 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?

Thank you, Mayor French. Matthew Simon again with Neighborhood and Community Planning. Today I'm providing an overview of our preliminary examination of data centers. It's on the agenda tonight for possible direction from city council to amend the city's code of ordinances to directly and definitively regulate this use. As all of you are likely aware, inquiries and statewide conversations about data centers have increased. Because New Braunfels' current zoning ordinance does not specifically define data centers or identify which zoning districts are appropriate for them, staff undertook research to determine whether our existing regulations sufficiently address their operational characteristics and potential impacts. Here are a couple. Photos of data centers currently constructed, one in Texas on the left and in Virginia on the right. Under the current zoning ordinance for the city of New Braunfels, chapter 144 of the city's code, data centers are allowed by right in the M2 and M2A districts, our most intense industrial districts. Data centers can also be allowed with a special use permit, which is a city council approved rezoning that functions as a district overlay in the M1 and the M1A light industrial zoning districts. Our research shows that the impacts from modern data centers may exceed those of many traditional industrial uses. These effects can be grouped into four categories. One, water usage. First and foremost, many data centers rely on cooling systems that can consume significant amounts of water. Given how essential water resources are to our economy, community identity, and quality of life. Especially with multiple different water providers operating in our jurisdiction, this is a major consideration. Secondly, electricity demand and infrastructure. Data centers often require substantial electric capacity. meaning potential demands for new substations, distribution lines, transformers, excuse me, easements, and backup systems. Third, noise and neighborhood compatibility. Unlike warehouses or other uses that operate primarily during daytime hours, data centers are continuous operations that would likely generate constant mechanical noise from cooling systems, fans, transformers, and generators. Finally, other community impacts or a catch-all category can include the reduction of agricultural land, effects to wildlife habitat, watersheds, floodplains, riparian corridors, scenic views, and overall compatibility with surrounding development. The New Braunfels Comprehensive Plan and Strategic Plan both emphasize protecting natural resources, maintaining neighborhood character, encouraging balanced land use and reducing water consumption. Data center development intersects with and could potentially degrade those priorities. Based on our findings and research into sound approaches used by other Texas cities, staff recommends preparing an amendment to the zoning ordinance that would, number one, formally define data centers as a distinct land use rather than classifying it under general industrial categories or as an exception in the light or the industrial districts. to limit data centers to industrial zoning districts only with a required special use overlay. This would allow city council to evaluate each proposal individually and impose conditions tailored to each particular location and its surroundings, or deny it if it would be inappropriate even with conditions. Number three, establish baseline development standards that specifically address items such as setbacks, water and electric usage, noise screening, landscaping, stormwater, floodplains, natural resources, and compatibility. Examples of these, excuse me, examples of these standards could include distance requirements from floodplains and residential zoning, closed loop cooling systems to minimize water usage, noise decibel limits, tree mitigation, and enhanced tree planting, and resource use analysis requirements. If council directs staff to proceed, we will draft a code amendment by prioritizing and completing staff research, collaborating with all relevant city departments and the six or so area utility providers and all pertinent outside agencies. It is important to note that any proposed zoning code amendment will follow the standard and mandated public hearing process to include a planning commission recommendation, followed by city council consideration for action. We anticipate bringing the amendment to you later this year, likely the November to December timeframe. Thank you again, Mayor French, for bringing this item before city council for consideration.

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 start the open discussion about getting some regulations and ordinances in place to help protect New Braunfels and our citizens. So right now, We're protecting New Braunfels, and I put together what it says, a comprehensive, proactive, legislative strategy for a data center development, environmental preservation, and safeguard community infrastructure. Is there, oh, which one's next? Data centers. So my executive summary Why New Braunfels must act very swiftly on this is because we have to manage all these hyperscale data center expansions and update our local land use ordinances. So our data center boom is happening along all the corridor, Highway 35, and it's unprecedented, okay? This is happening, and there's a lot of regional pressure between Austin and San Antonio. And it's experiencing an influx of hyperscale data center proposals, a lot of them. And Texas currently hosts hundreds of active data center facilities. driven by all our AI infrastructure, ETC, et cetera, et cetera, a lot of things. Without clearing zone, zoning protections, our facilities can locate near residential areas and critical water resources. Our cities across Central Texas are establishing updated standards to ensure sustainable development. So here's an example, and this is just an example of some of the research I had made for perspective. There's a cloud burst in Guadalupe County, and this is right outside our ETJ, okay? So this data center proposed to come out here is gonna pull about 1.2 gigawatt of power, and that's flat out. So when you look at it, I'll explain what a gigawatt is, because we work on megawatts and kilowatts a day. So compared to an average house, you can run 960,000 years on that amount of electricity. So per year on this, for this data center, it's going to be 10.5 terawatts. That's 10.5 trillion more than households a year. About 970,000 homes use this annually. 10.5 trillion is gigawatts. If that makes any sense. It's just hard to explain. What we need, what they're probably going to do to outfit this is have some kind of mini nuclear power plant or a combined cycle gas generators and or windmills. And I suspect there won't be any windmills or solar panels to run this big thing because this is a very big, big data center project. because that's 1.2 gigawatts of power. And for those that know power, that's pretty darn big. And that's right outside our ETJ. So I have a directive, especially being the mayor, of protecting the public health and wellbeing, safety and security, and utilities of the city. Unregulated, high density, digital infrastructure presents extraordinary demands on our Edwards Aquifer, our city's water systems, and our local power grid capacity. That's why they're going to have a nuclear power plant out there. So, evaluations. Evaluating current zoning vulnerabilities and establishing a proactive municipal framework to protect our local water. our power, and our quality of life for our citizens, our wildlife, and all of our environment. So there's two-phase legislative strategy. Enact an immediate 90-day moratorium. It's not a permanent. Under Texas Local Government Code Chapter 212, followed by permanent revisions to the Unified Development Code, UDC. And I believe the city has something different. And that's not the code. It's LDO. What do you have? It's LDO, okay, the Land Development Ordinance. So we have to preserve a quality of life, ensuring robust legal compliance under the Texas Local Government Code, Chapter 212.135, while preserving unconstitutional takings or vested rights challenges under Chapter 245. That's a lot there. So current zoning versus needed UDC changes. So for water conservation, it's a standard commercial hookup. We want a mandatory closed-loop dry cooling and reuse system. For noise buffering, generic industrial decibel limits. We want strict boundary decibel caps and acoustic walls. Land use zoning, allowed in general light industrial. We want special use, what's up, required. Power infrastructure, standard utility coordination. We want grid impact study and developer offset fee. Current zoning hurts all our vulnerabilities. that we have right now, chapter 144 of the city code does not specify, define or identify data center land use. By right allowance under sections 144-3.3 and 3.4, data centers default to permitted by right M2 and M2A heavy industrial, like he said. Special use permits permitted with a special use permit overlay M1 and M1A light industrial districts. So there's immediate regulatory risk here. It leaves New Braunfels susceptible to high-intensity data center development without any local control. We have to protect all of our treasures here in New Braunfels, all our waterways, our Edwards aquifers. We have to protect our communities and our neighborhoods, and especially our beautiful hill country. That data centers that are going to come here, and proposals, more than just one, it's two. And there's going to be more to follow. I don't want to see that. The citizens don't want to see that. But the environment is something that I have a very big concern about. So a threat to the Edwards aquifer. We have vulnerable local water resources, and that's the Edwards. New Brunswick relies heavily on the karst limestone formation of the Edwards Aquifer and the Comal Springs. Evaporating cooling systems in a hyperscale data center can consume millions of gallons of water daily and put an acute strain on all of our city water and the reserves during any drought conditions. And anyone within the city limits can draw our water unless they import water, and I don't think they would do that. The key impacts on water and power. So the water resources, there's a risk. Our data centers, of course they use a lot of evaporating cooling systems to remove heat from all the continuous server operations. Consumes millions of gallons of water daily. And that water has to come from below us or transported here. Endangers the aquifer in the Comal River flows. It threatens our waters and provides across city jurisdiction. Our electrical infrastructure grid, high continuous megawatt loads, unless they bring a nuclear power plant here. Requires new distribution lines, substations, and easements. You need a lot of land for that. Needs heavy diesel generators and large transformers. Risks pushing grid expansion costs onto NBU taxpayers. Community and ecosystem impacts. So the noise levels is 24-7. And so unlike your standard industrial warehouses, data centers operate 24 hours a day, 365 a year, and emits continuous low frequency hum, from cooling fans, and you will hear it a mile away. You can hear that stuff. The chillers, the HVAC units, and backup generators, they create a lot of noise pollution, and it actually is a lot of frequencies out there that can actually mess with your brain. Disrupts adjacent residential neighborhoods and public parks. For the environmental hazards, there's a large footprint developments that disrupt critical natural habitats and the rivers, ecosystems across all our counties, Comal and Guadalupe, threatens riparian corridors, flood plains, and all our watersheds, encroaches on agricultural land and wildlife habitats, and degrades our hill country, our views and lands, and the value of land. You want to see your house values go down, have these guys come into your town. All the resources comparison in the demands of electricity and power and water. A data center per acre, about 90% of water power demand equals to about 55% of manufacturing facilities and retail or commercial, about 30% in comparison. And your residential neighborhood, about 20%. So these data centers on the bottom, they exhibit exponentially higher peak water and power consumption per acre. So your return on investments on building these data centers, you're about 15 to 20 jobs you will create. There is nothing here. So it's a resource drain without local jobs. The disproportionate resource consumption does not match the additional commercial tax or employment returns on our city. So Envision New Braunfels, a line. So Actions 1.3 and 1.11, they encourage balanced fiscal responsible land use, update municipal policies and codes to ensure sustainability development patterns. Your 2.1 and 3.6 is good too. Community livability for all residents while maintaining proactive regulatory framework to protect our citizens. 5.2 and 5.4 is a good one of mine. Discourage heavy industrial development in Edwards Aquifer recharge zones and incentivize strict water conservation. I'm pretty sure our recharge zones for Edwards Aquifer is just about everywhere here, especially in the ETJ. Strategic plan mandate, and this is in the New Braunfels strategic plan, you have to implement the goals identified by our residents in the comprehensive plan, including protecting natural resources and safeguarding the character, integrity, and stability of our neighborhoods. Preserving aquifer water supply, we have to protect it. It's a very, very critical resource of this city. And a single large data center with their cooling fans, whatever, they could consume about 5 million gallons of water a day. It's equivalent to a consumption of 1,000 single-family houses. With our drought conditions and our strict aquifer pumping limits, New Braunfels cannot compromise on its long-term municipal water security. proactive policy imperative. Ladies and gentlemen, decisive municipal leadership. Across Texas, all our cities are facing these pressures from unvetted data center expansions that strain local power grids and depletes our groundwater reserves. We have to establish clear city regulations, municipal regulations before applications are filed, preserves city council's legal authority to protect New Braunfels' heritage, natural heritage and utility infrastructure. Here is the legal action framework. And this is, I'm going to read this. A structured, legally resilient two-phase strategy. Immediate 90-day moratorium followed by a permanent, unified development code changes. Phase one is the Chapter 212 moratorium enactment. And this is the Texas Local Government Code 212.135. It's a statutory burden of proof. City Council must make formal... Written findings based on MBU engineering data documenting the existing water, wastewater and electric facilities cannot sustain high density utility demands. So we have to give a public notice in official newspaper at least four days prior to the first public hearing. A dual public hearings conducts two formal hearings before Planning and Zoning Commission and City Council. And we, for a statutory authoritory, a statutory authoritory, enact a 90-day temporary moratorium under the Texas Local Government Code 212 Subchapter E by supermajority. That's a five vote on council here. An immediate permanent freeze. TEMPORALLY HALT ACCEPTANCE, PROCESSING, AND APPROVAL OF ALL COMMERCIAL DATA CENTERS, PERMITS, AND SITE PLANS. CHAPTER 212, LADIES AND GENTLEMEN, MENTORED ACTION, IT'S A LEGAL AUTHORITY, OKAY? TEXAS LOCAL GOVERNMENT CODE CHAPTER 12 PROVIDES MUNICIPAL AUTHORITY TO ENACT A TEMPORARY MORATORIUM ON COMMERCIAL DEVELOPMENT APPLICATIONS WHEN ESSENTIAL PUBLIC FACILITIES ARE AT A RISK OF OVERLOAD. And so the moratorium gives the city and the staff about 120 to 180 days to establish a permanent UDC zoning safeguards without emergency development vested rights issues. That's us. So MBU's infrastructure, okay, utility demand assessment. And the impact the data centers for the water and the Edwards aquifer and the cooling systems, about 3 to 5 million gallons a day. That's jeopardizing our supply. For wastewater processing, a high volume blown down wastewater introduces forever chemicals, okay? And that's going to go into the Edwards again in the recharge zones. Concentrated discharge exceeding treatment baselines, you can't treat it. And so when it comes to the electrical power grid, Continuous 5 to 20 megawatts, which is one-fifth of a gigawatt of the 200. Baselines, demand strains, local substations. So when you're looking at the 1.2 gigawatt, we can't use MBU. You can't do it. It won't take it. Phase two, dual track permanent UDC amendments. So we're going to define the category. Establish exact code definition for a data center. We're going to prohibit across all zones, designate use as prohibited, not prohibited in residential, commercial, industrial, and agricultural districts. We're going to remove SUP options, eliminate SUP overlay eligibility in M1, M1A, M2, and M2A. So the failsafe operational code controls this environmental thresholds incorporate mandatory environmental and utility performance limits into UDC standards. So if the land use exclusion is legally challenged, the strict criteria ensure non-viability of industrial data centers. The cost invalidation shifts full infrastructure expansion burden onto the developer. So this is the last of the track permanent UDC amendment. Establish strict operational performance standards as a secondary regulatory safeguard against legal challenges like enforces zero water discharge, closed loop cooling requirements. Mandate strict 45 decibel Property boundary noise caps require 10,000 or 1,000 foot buffer zones from residential and stream zones, which might be impossible here. That's why it's good. Mandatory UDC performance standards. See, the water usage, I may have touched on that. The one thing about Governor Abbott here, Texas state level moratorium, state level freezes. He just recently ordered the Public Utility Commission of Texas and ERCOT to halt and audit all large-scale data center grid connections statewide pending infrastructure and resource reviews. I'm not sure how long that's going to last, but there's a study going on. This state action supersedes local connection timelines. meaning local governments have parallel political backing to scrutinize water and power usage, even as legal battles over absolute local bans play out in Texas courts. Our Governor Abbott ordered a comprehensive audit on all data centers connecting to a Texas electricity grid in August of this year, effectively creating a statewide pause on new projects until the review is complete. It's a statewide moratorium. In early August, he did, you know, I guess I read this already. So the Electric Reliability Council of Texas is going to conduct an audit. And I don't know when that audit is going to be done. But until then, there's a moratorium or a freeze on all contracts. So the resolution highlights. I'm going to have a resolution. And so there's going to be a capacity study. I'm gonna direct the city manager and attorney to coordinate with New Braunfels Utilities to compile engineering findings regarding water supply, electrical load, and wastewater limits. On section two, moratorium ordinance. Draft proposed moratorium ordinance, I got about four drafted. Pause acceptance processing and approval of permits, site plans, and rezoning. Request for data centers within the city limits. And section two, statutory noises, publishes required legal notices in official newspaper and record at least four days prior to public hearings. UDC revisions, I'm gonna direct staff to prepare permanent amendments reclassifying data centers in master land use matrix and codifying strict environmental standards. So here's a little roadmap and this is almost done, sorry. Moratorium action roadmap, okay? We're gonna enact, a 90-day moratorium. Chapter 212. And begin the UDC amendments. And number two, stakeholder review. Engage with MBU, the Edwards Aquifer Authority, and the public. Receive formal MBU capacity memorandum documenting water and grid infrastructure limits. And step three, UDC amendments, hold public hearings and pick a date to adopt finally UDC prohibitions, draft performances, standards, and SUP criteria. And step four, we're gonna have an adoption. We're gonna vote on permanent development safeguards to protect our beautiful city. The planning and zoning finalizes permanent UDC land use matrix and performance standards for council adoption. That's a roadmap, but I took the timeline out. I'm not sure I'm gonna work with Nathan or council to figure out what my timeline might be for that. Of course, we're gonna notify the newspapers and the venue is gonna be here for any voting or anything like that. Does anybody have any questions from city council?

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 not only homes, but schools and medical facilities, rivers and lakes. So any of those water bodies that we can get it from in that particular regard. They must provide their own water rights. is what I would like to see in this. They have to bring them independently and not take out of our inventory that we have. In addition, the power must be arranged with the state grid. I spoke with MBU. They were already looking at a policy to deal with that. So they can't draw from us. The original one that was being looked at near the airport was gonna consume almost 20% of our total power supply. So we would definitely want that to where they have to make arrangements with ERCOT to get their own source of the power. In addition, they must construct their own transformer stations at their expense, but they have to give MBU or the governing electric company the ability to take it over in case of emergency. Impact fees for water treatment. If they're going to put wastewater into our system, they have to be able to pay a fee or an impact fee to offset that demand out of our sewer system, which is much more critical in some cases than it is the water use. And if we can get those items added to what you've already presented or woven in there within the confines of the LDO, I think we have a pretty comprehensive plan that would protect the citizens, so.

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 said that they were gonna be burning, running on natural gas. My concern with the natural gas is that, I don't wanna say that. It's the carbon dioxide, you know. That is my concern because those kids at school, especially at Mayfair, be inhaling that. Excuse me. And so that is my concerns with the data center.

Yeah, thank you. The natural gas is really, really bad. It actually causes cancer.

I know.

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 potential legal trouble, but definitely something we need to be looking at. Yeah.

Thank you very much. Go ahead.

Yeah, Mayor and Council, I do have some advice on the process. Do you guys want me to give it out in open session or go into executive session? On this right here? Yeah. You can bring it up. Okay, so I just wanted to mention on the dual track situation, we could actually accomplish the LDO amendments before the moratorium. So in 2025, the state legislature changed the notice requirements. So it used to be four days. It's now two hearings with 30 days notice each. So that gives us over 60 days before we could even do a moratorium. And by then we would easily have the development code amended. So I wanted to throw that out there. We could actually probably get that, the permanent solution in before the moratorium would take an effect. Also, we would have other issues we'd have to do before a moratorium could take effect. But the timeline alone, I think it's actually faster if we just do UDC or LDO.

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?

Not to my knowledge. The city has, the only control that the city has in the ETJ is for subdivision, but not for land use.

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 look into what influence can we or can we not have as it extends into the ETJ, so thanks.

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.

Thank you, Mayor Pro Tem. I appreciate it. I'm Pam Craft. I live outside the ETJ and live in the Clear Springs area. I've been researching data centers since 2024. Just want to correct a few things that close, but not quite enough distance. On the sound, it actually will travel three to five miles. Three to five miles, you can still hear it. The generators that they're currently using are the bed of a semi-truck. And it not only creates the noise 24-7, but it has a effect on the ground where it vibrates the ground for a substantial amount of space. You also have to put in there that you request them to, it's a closed loop, a closed loop doesn't mean it doesn't leak. And it doesn't mean it doesn't have discharge in the forever chemicals that you mentioned. But you need to also require them to meet with TCEQ and address the discharge which is substantial One that I'm aware of is 550,000 gallons a day of discharge. So whether you're over the aquifer or not, it's still gonna affect the water supply because especially out in the rural areas, there are wells everywhere. And also a lot of the water companies outside of the area get their water through wells, through wells in the distant areas. So, there's also the light. You can see it. Look up Abilene, Stargate, Abilene Data Center, and take a football field with its lights on and multiply that by about 10, and that's what you're going to see. And we should all know that in Texas, there's a nuisance law. And this is what I think that everybody should know and be ready to enforce is that anybody can sell their property for anything, well, in the ETJ or outside the ETJ, not the city limits. But I don't think in the city limits y'all really have much to worry about because these people are wanting 1,000 acres. So to find that inside is difficult. But... I lost my train of thought on that one. Sorry about that. I'm trying to go down my list of things, but I can't think of what I was going to tell you about that. Oh, anyway, I have to go on to the next one. Okay, so then also not only the light, the noise, the sound, the vibration, and the EMFs that they do, and you talked about that affecting people's health. That's been in Granbury since 2024, kids at the emergency room. They talk about how much they're gonna donate to the school district, but they don't tell you that the school district doesn't get to keep that money, half of that money goes, because then all of a sudden they're getting all this money. And I think it's called the Robin Hood, and they take it and then give it to poor districts. And so many of the facts aren't facts, they're just what you wanna hear. So it's got to be in writing. Everything has to be in writing, and there needs to be financial obligations to where if they walk off, and please, dear God, whatever you do, don't give tax abatements. They're going to do it anyway, wherever they're going to do it, but don't give tax abatements. Everybody else here pays their taxes. Let them pay their taxes too. These are billionaire companies that they need to pay their way. And just the last thing is that Nobody wants this in their backyard. There's nobody. And they should be located in places that aren't already at 100 degrees and where you're trying to lower the inside temperature of that building significantly. They need to be built in areas where it's already cooler. I love Alaska, but Alaska's kind of a great place to be. I mean, they're going to have to bring the heat up. They're not going to have to worry about air conditioning. So this is just not the place for it, and definitely not near school districts, not near homes, and anywhere near children, because they don't need to pay the price for whatever it is they're doing inside these data centers. Thank you.

Nicole, I'm a resident of New Braunfels. So I know we really can't do anything about Cloudburst. I'm going to use it as an example because it is right here in our backyard. I really feel sorry for those Mayfair people buying homes. I don't know if they realize that they're not going to be able to sell their houses and they're going to have health repercussions because of it as well. And San Marcos is currently the only Texas city to have enacted a complete citywide zoning ban on new data centers. They are the only ones that have it and it is legal to do. Texas allows cities that have home charter, rural cities that have it, that they can ban them. On June 16th, San Marcos City Council voted 4-3 to amend its land development code so that data centers are prohibited in every zoning district. The broader code updated past 7-0, But the data center prohibition itself passed 4-3. The city of San Marcos completely banned them. They changed all of their zoning and no data centers are allowed. It's a permanent zoning prohibition. They are not talking about not by houses. They're not talking about sound barriers. They are not allowing them anywhere in their city. And we are just like them. We have the same kind of charter and we can do the exact same thing. And they have been no lawsuits against them. And it would have been the next day because they would have had a lawsuit handed to them. They've not yet had a lawsuit handed to them because it's legal to ban them. They just had to change their zoning. And it's going to take everybody to agree and say, we don't want them here. because our citizens are more important. So Cloudburst is gonna put out so much of their emissions, it's gonna go 10 miles. Their emissions are gonna go 10 miles. I'm gonna give you a radius around Cloudburst. Oak Run is 10 miles as the crow flies from Cloudburst. I don't know if you know where Patch Choice Animal Hospital is on 46. That's 10 miles. San Marcos Regional Animal Shelter is 10 miles. La Cima is 10 miles. That's how far from Cloudburst in a radius is going to be affected by that data center. That's a big area that's going to be with air quality. So it's not just noise and everything else. It's going to affect people with COPD, heart disease, with asthma. These are not just little things, okay? And Mayfair and all of those developers, maybe we can do something as a city with them to, you know, maybe Mayfair can, when their bottom line starts being affected because they can't sell their lots, might tie Cloudburst up in litigation with all of those developers. Maybe there can be a class action lawsuit or something. But we can't do anything about it, but we're going to be affected by it. So maybe we can stop our city from putting any more in.

Angela Etjazon, I wanna piggyback on what she was saying. The more restrictions that you put and ordinances you put, we'll be able to defend and ward off any lawsuits. One thing that I would say to mention that I have not heard being mentioned, you all talked about closed loops, there's also advanced liquid cooling. It's especially direct to chip with warm water or non evaporative designs. Immersive cooling and fully waterless two-phase system generally outperforms traditional closed loop systems for modern high density data centers, particularly as AI drives extreme power densities and water energy constraints tied in the only reason And the only reason that many of them are not doing it is because it's very, very expensive. So I would suggest that you put advanced liquid cooling approaches. And it's like refrigerant. I can't explain it. But if you'd look it up and put that, look at the definition and see what falls under that to put that in the ordinance, that is something that doesn't use any water and is very expensive within that ordinance. Thank you.

My name is Zach. I'm a resident of District 2. One of the things I want to clarify or clear up regarding the closed loop systems is that when you do trade off the less water consumption, you do incur other different issues, such as higher energy consumption, almost about 25% increase in overall energy consumption. And also, in order to cool off those massive data centers is, well, he's got to go somewhere. And the way they achieve this is through massive fans. Fans that are one causing a noise about these higher frequency ranges that if they're in 10 miles away from the animal center, that's going to be an absolute misery for them. So just want to make sure you guys are aware of those trade-offs that the closed loop solution is not necessarily the best upgrade.

Thank you, sir. Sir. I'm sorry. Can I get your last name? Thank you.

I'm Esther Sandoval, District 6. And I am here not knowing as much or having done any of this research, just reading here. So I'm really representing the everyday taxpayer. That's who I'm representing. But so are all of you. all of you and some of you are paid by our city taxes and foremost as a citizen taxpayer who has lived here all my life and not just me the transplants were important and so your families there's a circle of life here there is a circle of life that god has created And the circle of life takes into compass everything, the waters, the wildlife, the ocean, sea, the fish, all of this. All of this. We've heard all of these things. Why not to have it here? All I'm saying is where there's a will, there's a way. There is a way, because everyone here on this council and every, every, every paid city staff member should care enough to just put a halt to this. Because I know that this, nothing's impossible. There is nothing impossible. And with God, all things are possible. And the circle of life begins with him, and we all have a mortality. and so do our families and kids. So we've got to think about that. Who cares about the almighty dollar when there is no life? When it happens like it's happened in other states, other cities, it's happened. It's happened to the city manager's families. It's happening all over the place. We do not want to be next. As citizens of New Braunfels, maybe we don't know everything and there's people that know more about all these technicalities. but we're still important because we're the ones who fund it. And we refuse to fund any of this that will take our mortal lives away from us or make people sick. We don't want to care for sick people that did not have to be sick to begin with. In contaminated waters, noises, blaring lights, who needs that? That all just disrupts the life circle. And every one of us is mortal. Thank you.

David Warnke, District 5. There was a wonderful Wall Street Journal article about this about a week ago that I read. And one of the interesting points in there was the closed-loop systems are relatively new, and there are a couple places they've installed those. And when they've requested data, zero data out. So that's not a proven technology. And why do you withhold data is probably a reason, and it's probably not good. Another thing, this is a incredible spike. It's like a bubble in the financial markets. Things like that never end well. They always end coming back down the other way. About a year ago, Apple wrote a white paper on it, very much questioning the whole concept of AI and how this can really go. Right now you have industries, large industries that were backing away from their AI commitments, because it's just moving too fast, and it's not proven. So technology is gonna continue to grow and evolve, and it gets more and more powerful, but something that is just crazy stupid as far as consumption, it's not gonna last. It's not gonna be permanent. Something's gonna give somewhere. You know, right now we have the wind towers that we put up. It was this great solution. And now those are just being cut down because they're too expensive to maintain and they don't work. There's a great flood of those. There are these speculative things we get in. And, you know, when you have a big box that goes away, I bought a big box a while back, a few years ago, an old HEB, like 18,000 square feet. It's kind of cool. But when you have a big box this size and they decide they don't need it anymore, what do you do with it? And that's probably a reality. And I thank you for your proactive action on this. Yeah, it's hard to find anything good in a data center. Thank you.

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 initiate the Land Development Code amendments to reclassify data centers and establish strict performance standards as precedented, preceded by the Chapter 212 Moratorium Proceedings, direct New Braunfels Utilities, to create the infrastructure capacity assessment and publish statutory notices.

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.

And just to be clear, so we don't actually need a resolution if we get direction from 4-View, but we can make that into a resolution, we just don't have one attached to the agenda. And I just wanted to clarify, we can amend the ordinances, the code of ordinances for the permanent solution faster than doing the 212 moratorium. So if we move on the code of ordinances first, the 212 moratorium ends up a non-issue. So if you guys could amend that to take that into consideration. The land development code? Yeah, and to amend what you had just stated to exclude the 212 moratorium reference.

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.

Yeah, but it won't be able to take effect without, one, we would have to have certain findings, but we have to have two separate hearings, each with at least 30 days notice beforehand. So we'd be looking at, with posting requirements, we'd be looking at November as the soonest possibility that that would occur. And we could have an ordinance well before that otherwise.

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

And- He just gave it to you.

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.

Okay, and so just that last part with MBU, well, they can still do it. That's more of a requirement if we were doing the 212 moratorium, but that doesn't prohibit them from going on that path.

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

Yeah, but it's to accomplish the goals as you guys have stated today and as you presented in the presentation.

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.

All right. And mayor and council, I'll work with the team to put together a draft timeline and send that to you all so that you sort of have a, and ideas to the process that we're gonna undertake and what that timeline looks like. So I'll have to work with the team on that issue.

Is this actually a vote or?

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

I understand, I'm trying to.

Yeah, you all, as long as I get direction from at least four of you. So it looks like I have two of you right now. I mean, or three of you.

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?

Yeah, it's not prohibited to do a vote. It just makes the direction more clear. It's good either way as long as we're confident that a majority of you all are directing us that route.

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?

Any new zoning request that comes in, yes. So any property, the only properties in the city currently that could come in and develop a data center would be M2, M2A currently.

And there's a lot of that.

There are several and we could get you that information. There are really about a half a dozen and Several of them are government-owned properties. The largest one I know of is the property off of 725 that is. Okay, so these are already zoned. Already zoned M2 or M2A, correct. Perfect. that's why we got any other any other industrially zoned properties the m1 or m1a they would have to come in for a special use permit you know today they couldn't apply for the use yeah and uh city attorney you said that we can get the ldo passed

Or the amendments to our, you know, not the LDO, the overhaul, but these amendments.

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

I mean, we should be able to. We have to have two readings, because ordinance by our charter. But yeah, faster than the market.

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

A complete ban? Ban, yeah. So to discuss the pros and cons of that, I would definitely wanna go into executive session to further go into the approach.

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

Okay, I'll separately email counsel on just the pros and cons of that. Thanks. Okay.

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.

And Mayor and Council, what we will incorporate into our timeline is a presentation to you all with the proposed amendments prior to taking it to the Planning and Zoning Commission and through that process so that you have an opportunity to provide us feedback on those proposed amendments.

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?

So if state and federal were to- Depending on how they do it, yeah, we would still wanna get something in sooner rather than later, but yeah, they do have the power to preempt us, both on the state level and federal.

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.

Yeah, they changed it just recently. So this last legislative session, they added a whole nother hearing, made it 30 days each instead of four days. So they did make it much more difficult. All right.

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

Yes, ma'am, we're clear.

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?

Yes, sir, doing good.

Mayor, members of council, thanks for having me tonight.

As the mayor said, I'm here before you for the second final reading of the DCP Drought Contingency Plan Amendments. The first presentation, 44 slides. Second time, cut it down to 14. Tonight, we've got four, so I'll be quick. Yeah, and do I have a clicker?

Brian, it's only if the mayor allows you to use that clicker. It's only if he allows you to use that clicker.

All right, last time we were here, Mayor, you specifically had some questions about commercial customers and the application of ordinance to those customers. And so we put together a brief slide to outline how the proposed or the current ordinance and the proposed changes impact commercial uses. And so on the left, you see there that business water use, water used for normal operations remains protected, meaning the surcharges do not apply to those business uses. And I'll use the example like a burger joint. it wouldn't be practical or reasonable for us to expect a burger joint who uses water for cleaning purposes, sanitary purposes, and preparing food for the citizens of New Braunfels to use less water, which could create adverse public health conditions. And so the... the surcharges apply just to the irrigation water use, which is where there's discretionary use and where the real focus for these drought surcharges are. And so you can see the irrigation water use falls under the exact same surcharge structure as the residential irrigation water use does. And so I think also Mayor, you were asking just how much use commercial irrigation use constitutes on an annual basis. And that figure is 6% of our total annual water use in town is commercial irrigation. All right, and just an overview slide to refresh your memory here. The three key areas that we're proposing amendments to the DCP are the trigger levels and events. And so we're adding stages four and five to the drought contingency plan, whereas previously they were silent in the plan, they did not exist. And we're also increasing the operational flexibility and trigger events. The second bolded font there, the drought surcharge, there are current surcharges for stage three. And we're looking to update those surcharges for stages three, four, and five. to reflect a utility cost of service study that we conducted this last year. And also there at the bottom, we're also proposing changes to the drought response for our customers. So instead of going to once every other week watering in stage three, we're proposing to stay at once per week watering all the way through stage five. And as I said the last time I was here with y'all, once every other week watering creates scarcity, and when you create scarcity, folks tend to use more of the resource, leads to water waste, and also higher pumping pressures for the utility, which can result in more water loss in our system. So it's just not good conservation policy, and that's why we're pivoting away from it. And SAWS has done the same. And so here's a picture that shows our major project milestones. You can see there at the top, about one year ago, four days from now, we first briefed our board on this project. They directed us to engage the community advisory panel. We had four workshops with them. We took the results of that, which is what you saw tonight, to the MBU board. The MBU board approved it, and I've been talking to y'all for the last month now. So again, it's here for you tonight as a second reading. And if it's approved, the implementation date would be October 1st of 2026. And a keynote down there at the bottom, implementation does not mean surcharges are immediately applied. That's only when we're in stages three through five. We're currently in stage number two. So with that, happy to answer any questions you may have.

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?

Yes, it's only the sections that we're proposing changes to.

Okay, okay.

Yes, sir.

All right. Thank you very much.

Thank you.

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.

We have to have a motion.

I motion to approve. So entertaining a motion. Motion to approve.

I'll second.

So it was motioned by Mayor Pro Tem Capizzi and it was seconded by Councilwoman Lebowski. City Secretary Gale, can you please call roll?

Yes. Councilmember Carter?

Nay.

Mayor Pro Tem Capizzi?

Aye.

Council Member Edwards. Aye. Council Member Spradley. Aye. Council Member Lebowski. Aye. Council Member Shaw. Nay. And Mayor French.

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

Thank you all.

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.

Thank you, Mayor French, Jeff Jewell, Economic and Community Development Director. We're actually requesting that this item be postponed until the September 14th meeting. We received word late on Friday afternoon that the developer who intended to be here at a family emergency could not be here. So we would recommend that the item be taken up at that time when they can attend and answer questions.

What date was that?

The next council meeting is September 14th. September 14th, okay.

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

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

Mayor, sorry, just to interrupt. Usually, typically, even when voting on a motion to postpone to date certain, we'll just give the public the opportunity to speak. Okay, okay, no problem. To the postponement rather than the underlying item.

Okay.

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

To speak about the postponement, but not the underlying item itself.

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.

Bob King, District One. taxpayer since 2009, NBU rate payer since 2012. I think you should vote on it tonight, and I think you should throw it away. I think you should vote no on it, and I think you should do it tonight. Here's why. I'm not here to debate affordable housing. I'm not here to question whether the park at Dogwood project is worthy. Let's talk about governance, accountability, transparency, and a massive conflict of interest that this council is being asked to perpetuate tonight. The request is to make a supposedly non-binding recommendation that NBU waive a half a million dollars in impact fees for a project being built by a for-profit developer. But let's be.

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?

That's correct, or at least this public hearing portion of it, it was only about the postponement itself.

Okay, so we're moving to the next item.

No.

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?

They asked for it until the next council meeting on September 14th. No, I mean, when? On Friday afternoon. No, no, no.

When did they ask for the postponements?

Friday afternoon, he said.

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

No, sir, we asked that question, but they did not, no.

Okay.

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

That's my motion.

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?

Yeah, once we're past the item, it would need to be a majority of the prevailing side. So three of the four who just voted, I believe, in favor of the postponement.

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

If two others who voted for the postponement agree to reopen the item, just to rehear it.

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.

One moment, please.

I'll fast forward to that case. Okay, here we go.

Good evening, Mayor French, council members. I'm Matt Green with the Neighborhood and Community Planning Department. Mayfair is a mixed-use development consisting of approximately 1,800 acres. It's in the ETJ in Comal County, located on both the east and west side of IH 35 on the north end of New Braunfels. It is subject to a development agreement entered into between the city and Mayfair, or excuse me, South Star, Mayfair LLC. The applicant is seeking approval for amendments to both the Mayfair development and design control document, also referred to as the DDCD, as well as the corresponding development agreement. These requests are being presented concurrently as several proposed amendments in each document are interrelated. one of the exhibits to the development agreement is the ddcd which is the primary document regarding the design standards processes and applications to which all may fair development activities reviewed and governed pursuant to section 1.8 of the ddcd the master developer may request amendments to the ddcd in accordance with the procedures and criteria established within the document In this instance, the applicant's requesting amendments to update administrative processes, revise sections in part G, which is signage, and then amend part H, which is definitions, along with several other minor modifications as listed and referenced in the document attached to your agenda item report. It's titled Summary of Proposed Mayfair Development and Design Control Document Amendments. There's also a red line copy of the proposed amending DDCD attached to the report as well. DDCD amendments of the type being requested are considered optional rather than obligations established through the development agreement. As such, they require a public hearing before the Planning Commission, followed by a formal recommendation to the City Council, and then a final public hearing before the City Council and a final decision by City Council. The Planning Commission held a public hearing for the proposed DDCD amendments on August 4th and recommended approval to City Council. The Mayfair Development Agreement also includes design standards, applications, processes, and improvements that are unique to this development. The applicant's proposed amendments to the Development Agreement are general in nature and include reorganization of certain sections of the document, to improve administrative clarity, such as simplifying definitions, relocating process-related information to more appropriate sections of the document, updating the section addressing district indebtedness and revisions to the city department and city staff references to ensure consistency with city ordinances. The applicant proposes a few new items as well that include adding a definition for public facilities and clarifying that such facilities are permitted within all the land use areas. Establishing a requirement and process for periodic conforming updates, which are updates to the master framework plan that reflect applicable amending plats and sector plans. and then allowing concurrent review of sector plans and associated sector plan traffic impact analyses and revising provisions related to parks or acquiring the tracking of park types towards the park schedule being included with both final plat and periodic conforming updates. A summary list of those proposed development agreement amendments are also provided as backup to your agenda item report, as well as a redlined development agreement. And staff recommends approval of the proposed amendments to the Mayfair DDCD and the development agreement, as those amendments are consistent with the overall purpose and intent of Mayfair, its guiding principles and objectives, and it does align with goals and policies of Envision New Braunfels and objectives of the city's strategic plan. Pursuant to the development agreement, notification of an amendment to the Mayfair DDCD does require that we provide property owners with notifications of the public hearings within the properties, owners within the Mayfair development itself, and then owners of property within 200 feet of Mayfair. In this case, we mailed 322 public notices. and received, the report says that there's three that we received in favor, three in opposition, and one that did not state opposition. A fourth response was received today in support late this afternoon, and I did send everyone on council an updated notification response with that information earlier today. As this is not a rezoning case, the supermajority vote requirement, commonly known as the 20% rule, doesn't apply. And as previously mentioned, the Planning Commission held a public hearing on the proposed DDCD amendments on August 4th, and they did recommend approval. And the applicant's representatives are here this evening to make their request and answer any questions you have.

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?

They're not making any amendments to any decisions that council makes at this moment. The amendments to the DDCD are actually, some of those are actually corrections to reflect what's in the current development agreement that was amended in 2024 that has It was amended in 2024 to basically give staff administrative approval over sector plans and alternative development standards. And so the DDCD is being updated to reflect what's in the development agreement.

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

Right, it was deleted to match what's in the current development agreement. It was left in the DDCD in error.

And just to clarify, the development agreement controls over the DDCD, so it takes precedent over the other agreement. It's an exhibit.

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.

That's not the case with these amendments. The applicant would still have to bring forth an application to make any amendments to the development agreement or the DDCD. They're just making corrections in the DDCD to match what's in the development agreement as far as sector plan approval and alternative development standards, or that's part of it.

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.

And which page is that on, or what's the reference on that?

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

Because I see that- Plats are now administratively approved. So there were some amendments to the development agreement and those processes to where now platting is approved by staff administratively.

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.

In the current process that we have lined out, there's nothing being removed from council approval or planning commission approval that they have currently.

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

Oh, sorry, excuse me.

Mike, go ahead.

There was a master framework plan amendments, if you recall, I believe it was back in June or July, and where the master framework plan was amended to remove specific land areas that were called out for schools, public utilities, fire department, basically public facilities. And so it was removed from specifically being listed in the land use matrix to now where it's allowed in any specific land use category. That was part of that master framework plan amendment. Now the land use matrix is being updated to reflect that.

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?

It would have to be owned by the governmental entity. So on that, we should be good.

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.

That's correct.

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.

I motion for approval. Second.

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

Mayor, before you take the vote, is that for A and B? Is the motion for A and B? It could be voted on separately or together.

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.

I motion for approval.

Second.

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.

I motion for approval.

Second.

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

We need a vote for B.

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, sorry I mispronounced that, survey. Abstract 20, Guadalupe County, Texas, out of lot 2A, Timmerman subdivision as recorded in volume five, page 393. A and B map and plat records of Guadalupe County, Texas located at 2241 West Meyer Road, New Braunfels, Texas 78130 and assigned Guadalupe County Appraisal District Property ID 43773. Matthew Ekman. Thank you.

Good evening, Mayor and Council. Matthew Ekman, Assistant Director. Sorry, Assistant Director of Public Works. Here tonight to talk about the Barbarossa Road project, in particular some right-of-way negotiations that we are undertaking. So just a little bit about the project. This project is widening Barbarossa Road and Sauer Lane from FM 1101 down to Sangerholly Road. Proposed project includes widening the existing two-lane road section to four lanes, sidewalks on both sides, and traffic signal improvements at several of the intersections there, as well as some improved drainage infrastructure. So just a existing layout of the road and our proposed layout of the road with turn lanes and then with a center median layout there. So one of the properties that we're here to talk about this evening, and I apologize, I made a last minute update to this presentation and I think with some technical issues, it did not get in there. This property is parcel 12 and 12E. It is a right-of-way acquisition, .4592, as well as a utility easement that we are acquiring on behalf of MBU. We did receive an appraisal on the property and make an initial offer back in June of 2025. We have been trying to negotiate with the property owner throughout that time. Property owner has provided a counteroffer in the amount of two and a half times what our initial appraisal amount on the property was. And the city has declined at this point to provide a settlement offer. The property owner is working on getting an appraisal of their own right now to be able to provide some additional backup information. We did send a final offer letter in June of this year. So kind of a timeline on this. So we briefed you in executive session last month. This is the step where we get council authorization for the resolution to proceed with eminent domain proceedings. In September, we'll look to file the condemnation petition with the commissioner's hearing later this year and hopefully a possession of the property and award by the end of this year. I will note that during this process that does not stop negotiations with the property owner, that we still continue working with the property owner to reach an amicable agreement throughout this whole process. And so for your benefit, I know you've gotten this numerous time, but also for the residents and citizens here tonight. The eminent domain process is simply a legal process when a condemning authority and a property owner aren't able to agree amicably on a value on a property that we need for one of our projects. We have to send an initial offer letter that's based on an appraisal. We negotiate in good faith. We have to send a final offer letter again based on that fair market value appraisal. If negotiations are not successful, then we move on to this next phase where you go through the commissioner's hearing and the commissioners are appointed three residents of the county. In this case, it would be Guadalupe County. And the judge appoints those three commissioners to hear the testimony and evidence from both sides. Generally, it's by our appraiser and their appraiser. And they determine the fair market value, what they believe to be the fair market value of the property. And that's what the ward gets and deposited in the registry of the court, at which point we take possession of the property. So with that, happy to answer any questions that you have.

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.

I motion for approval. Second.

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.

Mr. Gary Ford.

Thank you, Mayor. The scope of the services is to design two live fire training buildings and one apparatus bay to meet ISO 1 training requirements for the New Braunfels Fire Department. This does meet the five to seven year training demand while the public training facility feasibility study is being conducted and an outcome of that is being planned. So the funding for this design, we have $4 million allocated through the interlocal agreement with Comal County ESD 7. And anything Chief wants to add on this slide here?

You know, we've been working on this project for quite a while. The original site prep was paid for by the Creekside TURs. And this is gonna help us maintain our ISO rating, right? Now we're on ISO 1, keeps our insurance premiums low. And part of that is because we're obligated to provide live fire training for every firefighter every year for 18 hours at a certified facility. Currently, we're having to go to Guadalupe Fire Training Field, who has now condemned 90% of their facility for usage. So we really need to get this project going to meet the obligations to maintain our ISO rating. Thank you.

So the contract is with BRW Architects. They completed the conceptual design as part of the initial fire training civil final design, what we have out there right now. So BRW Architects was selected by the city team, including TCS and the fire department, to complete the final design of the live fire buildings, really based on project experience. They'd done the civil work, the drainage, the site planning work, and then the project continuity. So the contract amount is 298,210. We estimate the final design to be completed in eight months, and the embedding and construction of the live fire facility to take just about a year. Do you wanna note, here's the current site plan. So the fire training facility right now, that includes a modular building for classroom, restrooms, driving course, drafting tank, and some flexible training areas, that's active right now. That's currently behind the MBU Service Center and future home of our Public Works Department off of 306. So you see highlighted there. And then those two areas, the two spots that you see here and here, going back to kind of those two live fire training buildings. So again, the site is designed and was ultimately designed for these two buildings, and now we're moving those forward. And with that, Chief Lozano and I will be able to answer any questions.

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

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

That is our project delivery method. So in other words, once we complete the final design, we'll get that package out to bid. And then we do a competitive seal proposal that also includes the cost of it, but also the qualifications of the contractor itself. So that's part of the competitive seal proposal versus a straight up bid.

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.

Well, that's what competitive seal proposal is.

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

No, the lowest bid is a consideration, but another consideration is actually the performance and history of the contractor to deliver the project. And Barbara Coleman can kind of get into a little bit more details of that.

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

She uses multiple criteria rather than just low bid.

Okay.

Okay.

So we're not set on low bid.

Right. A low bid would be a formal hard bid, just low bidder. We very seldom use that in our construction contracts, only if it's a federal project where we're required to do that, do we do low bid in this city. We come to you and ask for permission for an alternative method, and a competitive seal proposal is an alternative method.

Okay.

Thank you. Mm-hmm.

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

That's correct, and as part of the scoring team, it does include the TCS team that's gonna deliver the project, but also the fire department team as well. So we do have the project sponsor who ultimately is gonna be using the building as part of the contractor selection process.

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.

Mayor.

I motion.

I'm sorry, ma'am. If I may, I do wanna recognize, though, ESD 7. Back in January, the city council approved an interlocal agreement which allows us to accept $4 million in funding from ESD7 to design and construct this facility. I certainly want to recognize our partnership with ESD7 and the major contribution towards this much needed facility.

Thank you. And I motion for approval.

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 matters relating to the issuance of the notes. Mr. Jared Warner.

Thank you, Mayor French, members of council. I got Ryan Beat. I got one slide for you this evening. Really quickly, what a tax note is, it's a short-term debt instrument or financing strategy available to public sector agencies. A little bit about our 2026 tax note. As you can see there from the slide and as documented in the agenda report, it's a total of $2 million in proceeds. You may remember we discussed this back at our July 10th summer workshop where we went through the city's five-year financial forecast. We also discussed this during the August 11th and 17th budget workshops as well. when we were talking about the fact that this tax note of $2 million is incorporated into the debt service portion of your tax rate. These tax notes have been the primary financing mechanism for our organization to meet our vehicle replacement needs over the past three fiscal years. Drilling down into this tax notes intended use, as we said earlier, it's entirely for light vehicle replacements. 95% of that $2 million is going to go directly towards public safety vehicles that have met the criteria for replacement. Breaking that down even further, you can see that's 22 vehicles, 18 for the police department, two for the fire department, and two for our inspection teams. And with that, I'd like to go ahead and turn it over to SAMCO Capital Markets, they're the city's financial advisory team, to give you a little bit of information on how City of New Raffles fared in the market today and what the interest will be on these. Yes, you can, Councilmember Spradley.

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

No, sir. This is entirely for vehicle replacements. Replacements? Yes, sir. The cost of any new vehicles from positions that are included in the budget or those that the city council is considering adding, we'll come up with additional funding sources to pay for those.

Thank you, Ryan Cunningham, Sanco Capital Markets. My colleague, Andrew Friedman, just handed out the results today. In the process of going out Want to congratulate the city again. Standard & Poor's affirmed the credit rating in the city at AA. We went out today, we received eight bids. This is more bids than we've been receiving in the market lately when we've been going out with a lot of volatility of what's going in Iran, often getting about three to five bids. So eight bids is a really high number to get, so it shows the investor interest is really there in the city of New Braunfels debt. The lowest rate came in from TD Financial Products at a rate of 3.24%. It's gonna be amortized over seven years. So if you turn to page three here, it shows the debt service schedule. It'll be $335,000 approximately per year with a little bit lower level at $307,000. So with the idea that you're going to have the maturities match the asset lives of the vehicles, you wouldn't want to go out longer than really the seven years. And as Jared had indicated, this is a very useful tool to replace vehicles on an ongoing basis and allows you to borrow at the lowest borrowing cost really available to you by securing it with the tax base. So I'm glad to get into any questions that you may have. I know it's been a pretty long meeting for you.

Councilman Shaw, go ahead.

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?

Yeah, so the AA rating is important because what it allows you to do is it doesn't require you to have to go out and purchase insurance. If you fall below the AA, usually what you need to do is get it insured to get to that AA rating to get that. So you bypass all that cost right there. And as far as you've been at AA for a while and it's a strong rating and there's certain... things that keep it from going to AAA. Usually it's higher socioeconomic things that you can't really control or larger populated areas and stuff. But the AA rating is very strong for the city of size. Like I said, you don't need to get bond insurance, so that's savings cost right there. And you get this strong interest as you can see how low the rates really came in for a seven year borrowing at 3.24%.

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

The rates in the market have been, I mean, it's been moving right with what's going on in Iran a lot. You see the market's been moving. They've gone up in the past few weeks and then gone down with whether they think a lot of it, whether the issue in Iran will be settled or not. But rates are still quite low historically.

I think that's kind of daily, right?

Yeah, for sure. But the last few weeks it's gone up, and we'll see if they think the peace agreement will really stick or not. But that's really driving it. And you can see with your gas prices are just fluctuating all the time on a daily basis as well.

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.

on on that and we got the rate oh yeah refunding so yeah so basically it's like refinancing a mortgage if the rates current rate environment is lower than what you're paying on existing debt if they can be called for investors we will go out and refund these these because they're short seven year term they cannot be refinanced okay all right appreciate your time thank you

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.

Councilwoman Shaw, you still?

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

Yeah, those funds will be deposited into a capital improvement fund. So a separate capital improvement fund, that's where we'll pay for the cost of these vehicles as they're replaced.

Okay, thank you.

Of course.

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?

That's correct.

Are we committed to the debt before we adopt the rate that pays for it. Does that make sense?

It does make sense. It's a difficult timing that we're trying to balance around this time of year when you're considering your tax rate and also trying to ensure we have the funds available for replacing vehicles for next year.

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.

My name is Richard Kelsheimer. I am a resident of New Braunfels. The only question that I really had is this requires an ad valorem tax, which would be a property tax on property owners in the New Braunfels area. And I'm just curious whether or not that's gonna be in addition to what has already been established with the budget and what you're gonna be requiring, the 40.89. Is that included in that?

Go ahead, Jared. Yeah, no, sir, Mr. Kalshamir. The first year annual payment is incorporated into that 19.39 cents. And so it's not in addition to, it's already incorporated into that total rate.

Okay, very good. That was my only question.

Yes, sir.

Anyone else from the public? I'm gonna close public comment at this time.

Motion to approve?

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.

We need a roll call on that one. Oh, roll call vote on this one? Yes, sir.

Okay.

Council Member- Gail, can you please call roll? Yes, sir. Council Member Carter? Aye. Mayor Pro Tem Capizzi? Aye. Council Member Edwards? Aye. Council Member Spradley? Aye. Council Member Lebowski? Aye. Council Member Shaw? Aye. And Mayor French?

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.

So in, yeah, and we have a modified form of Robert's Rules in Section 238. So there is motion to reconsider, and arguably we could use motions to rescind as well. So motion to reconsider is what we operated under when you brought that question up. Now motions to rescind, we could do a vote on that. You would have to have a two thirds of vote. So there'd have to be five members to vote to.

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

No, it's in our rules in 238.

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

Are you in our Code of Ordinances? Are you in Robert's Rules?

That part changed.

Yeah, yeah, it's difficult, because we do have a modified form of Robert's Rules. Okay. I'll email all of you that, just so you have it for quick reference. No problem.

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.