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HomeMy WebLinkAboutMinutes City Council - 09/16/2008I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of September 16, 2008, which were approved by the City Council on September 30, 2008. WITNESSETH MY HAND AND SEAL, on this the 30th day of September, 2008. Armando Chapa City Secretary SEAL PRESENT Mayor Henry Garrett Mayor Pro Tem Priscilla Leal Council Members: Melody Cooper* Mike Hummell Bill Kelly Michael McCutchon John Marez** Nelda Martinez ABSENT Larry Elizondo, Sr. *Arrived at 10:32 a.m. **Arrived at 11:28 a.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 16, 2008 - 10:00 a.m. City Staff: Interim City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. Council Member Leal requested that a special prayer be given for Nicolasa Salinas, mother of Council Member Larry Elizondo. The invocation was delivered by Pastor Charles S. Brown with St. Paul United Church of Christ and the Pledge of Allegiance to the United States flag was led by Council Member Priscilla Leal. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. ************ Mayor Garrett called for consideration of the consent agenda (Items 1 - 10). There were no comments from the public. Council members requested that Items 1, 3, 4, 5, and 7 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2008-244 Motion approving a software maintenance and licensing service agreement with SHI- Government Solutions, Austin, Texas for Novell Open Enterprise Server, Novell Open Workgroup Suite, GroupWise 7 and Novell Cluster Services Maintenance in accordance with the State of Texas Cooperative Purchasing Program for an estimated annual expenditure of $98,153. The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. The foregoing motion was passed and approved with the following vote: Garrett, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye'; Cooper, Elizondo, and Marez were absent. Minutes — Regular Council Meeting September 16, 2008 — Page 2 6.a. MOTION NO. 2008-248 Motion authorizing the City Manager or his designee to accept grant funding in the amount of $145,069.25 from the Texas Department of Transportation (TXDOT) for a Comprehensive Selective Traffic Enforcement Project (STEP) in the Police Department for overtime DWI and Speed enforcement with a City match of $39,131.31 and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper, Elizondo, and Marez were absent. 6.b. ORDINANCE NO. 027852 Ordinance appropriating $145,069.25 from the Texas Department of Transportation (TXDOT) for funding for a Comprehensive Selective Traffic Enforcement Project (STEP) in the No. 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper, Elizondo, and Marez were absent. MOTION NO. 2008-249 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Govind Development, L.L.0 in the amount of $126,000 for a revised fee of $150,900 for the New Broadway Wastewater Treatment Plant for project oversight and assistance. The foregoing motion was passed and approved with the following vote: Garrett, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper, Elizondo, and Marez were absent. 9. ORDINANCE NO. 027857 Ordinance abandoning and vacating a 4,950 -square foot portion of a 10 -foot wide utility easement out of the Midtown Industrial District, Block 1, Lots 62-63, adjacent to and south of Bear Lane and west of the South Navigation Boulevard and Bear Lane intersection; requiring the owner, A-1 Construction Co., Inc., to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper, Elizondo, and Marez were absent. 10. ORDINANCE NO. 027854 Amending Section 14-1341, Platting Ordinance Fees, Section 55-70, Adoption of Rules, Regulations and Water and Gas Fees, and Section 55-71(6)(2), (3), and (5), Sewer Tapping Fees, Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Platting and Taps; providing for publication. (First Reading 09/09/08) Minutes — Regular Council Meeting September 16, 2008 — Page 3 The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper, Elizondo, and Marez were absent. Mayor Garrett opened discussion on Item 1 regarding a supply agreement for gas service regulators. Council Member Leal asked questions regarding the year the regulators were implemented; the number of gas customers; the number of regulators purchased and the number required; and whether the price includes shipping costs. Assistant Director of Financial Services Michael Barrera stated that the regulators are used as replacements, for all new services, and for the Automated Meter Reading (AMR) project that began three years ago. Mr. Barrera added that there are approximately 40,000 to 50,000 gas customers. Mr. Barrera stated that he was unaware of the number purchased and that the regulators are going to be used for the regular operations for maintenance and new subdivisions. Mr. Barrera provided an explanation of the purpose for the regulators and said that the price included shipping costs. City Secretary Chapa polled the Council for their votes as follows: 1. MOTION NO. 2008-243 Motion approving a supply agreement with Global Metering Systems, of Lancaster, Ohio, for approximately 8,000 gas service regulators in accordance with Bid Invitation No. 61-0165-08, based on low bid, for an estimated annual expenditure of $118,800, of which $99,000 is budgeted in FY08-09. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department in FY08-09. The foregoing motion was passed and approved with the following vote: Garrett, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper, Elizondo, and Marez were absent. Mayor Garrett opened discussion on Item 3 regarding the lease/purchase of two (2) side loader refuse trucks. Council Member Leal asked questions regarding the reason the Solid Waste Department needed two additional refuse side loader trucks and the timeline that the City can continue operations without the purchase of the trucks. Assistant Director of Solid Waste Services Lawrence Mikolajczyk stated that the two trucks were additions to the fleet to help service the current and future growth of the City and to maintain the current fleet. Director of General Services Jim Davis explained that the trucks are essential for the department to replace five (5) trucks that will be placed in the refurbishment program. Mr. Davis added that the five (5) trucks have met their life service and that the refurbishment program will allow the trucks to be used an additional two to four years. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2008-245 Motion approving the lease/purchase of two (2) side loader refuse trucks from Rush Truck Center, of Houston, Texas in the amount of $487,498. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These units are additions to the fleet and will be used by the Solid Waste Department. Financing for the refuse truck will be provided through the City's lease - purchase financing program. The foregoing motion was passed and approved with the following vote: Garrett, Hummell, Kelly, McCutchon, and Martinez, voting "Aye"; Leal voting "No"; Cooper, Elizondo, and Marez were absent. Minutes — Regular Council Meeting September 16, 2008 — Page 4 Mayor Garrett opened discussion on Item 4 regarding the lease/purchase of two (2) rear loading refuse trucks. Council Member Leal stated that she inadvertently pulled Item 4 for discussion. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2008-246 Motion approving the lease/purchase of two (2) rear loading refuse trucks from Grande Truck Center, San Antonio, Texas in the amount of $384,060. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These units are replacements to the fleet and will be used by the Solid Waste Department. Financing for the refuse truck will be provided through the City's lease -purchase financing program. The foregoing motion was passed and approved with the following vote: Garrett, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper, Elizondo, and Marez were absent. Mayor Garrett opened discussion on Item 5 regarding consultant services agreements for the Development Services Department. Assistant City Manager Robert Nix explained that this item was for approval of consultant services agreements to assist the Development Services Department with plan review services, inspection services, adjunct staffing and program audit services. The following topics pertaining to this item were discussed: the reason for outsourcing the services; the number of certified/non-certified inspectors; whether the services are budgeted; fee increases; builders and developers expressing interest for outside vendors for inspections or plan reviews; supplementing costs; whether contracting with outside agencies would allow less scrutiny; monitoring procedures; the number of trained individuals that could be hired by the department for $250,000 versus the services provided by the consultants; long term solutions to resolve the problems at Development Services; whether permanent positions will be deleted; the number of Request for Qualification (RFQ) issued and received; the fourth bid received that was not recommended for approval; excluding local businesses; conflict of interests; the line item in the budget; whether developers has the option of choosing a specific consultant; and whether the consultants would be considered on a rotating basis. City Secretary Chapa polled the Council for their votes as follows: 5. MOTION NO. 2008-247 Motion approving consultant service agreements with the following companies for the following amounts for Plan Review Services, Inspection Services, Adjunct Staffing Services and Program Audit Services in accordance with Request for Qualification No. BI -0066-08B, based on most qualified proposals for an estimated annual expenditure of $250,000. The term of the agreements will be for twelve months with an option to extend the agreements for up to two additional twelve month periods subject to the approval of the consultants and the City Manager or his designee. Sunrise Engineering Inc. - Bureau Veritas Building Code Cnslt. Svcs. Mesa. AZ Plano. TX Dallas. TX Plan Review, Plan Review, Inspection Services, Program Audit Program Audit, Plan Review, $75,000 Inspection Svcs., Adjunct Staffing Adjunct Staffing $75,000 $100,000 Grand Total: $250,000 Minutes — Regular Council Meeting September 16, 2008 — Page 5 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, McCutchon, and Martinez, voting "Aye"; Elizondo, Leal, and Marez were absent. Mayor Garrett opened discussion on Item 7 regarding a Secondary Emergency Operations Center. In response to Council Member McCutchon, Fire Chief Richard Hooks said that the AT&T Texas Facility would be used as a secondary emergency operation center in the event that something happened to the current Emergency Operations Center (EOC). Chief Hooks added that AT&T has agreed to provide access at no costs to the City. Chief Hooks introduced Sandra Alvarez with AT&T and thanked AT&T for their assistance. City Secretary Chapa polled the Council for their votes as follows: 7. RESOLUTION NO. 027853 Resolution authorizing the City Manager or his designee to execute a Use Agreement with AT&T Texas for use of AT&T Texas Facility as a Secondary Emergency Operations Center. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, McCutchon, and Martinez, voting "Aye"; Elizondo, Leal, and Marez were absent. *****,,******* Mayor Garrett opened discussion on Item 17 regarding Las Brisas Energy Center. Director of Economic Development Irma Caballero stated that this item is requesting support for Las Brisas Energy Center's Application for an air permit filed with the Texas Commission on Environmental Quality (TCEQ). Ms. Caballero introduced the present team as follows: John UpChurch, Roland Mower, Kathleen Smith, Buddy Stanley, and John Riley. Ms. Caballero provided a brief overview of the environmental and economic benefits to the community. Roland Mower, CEO of the Corpus Christi Regional Economic Development Corporation (EDC) referred to a powerpoint presentation including an overview of the presentation; the project summary; site map; photo of the project site; partnering opportunities; supporting agreements; and benefits. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 17. RESOLUTION NO. 027859 Resolution supporting Las Brisas Energy Center's application for an air permit filed with the Texas Commission on Environmental Quality. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Elizondo and Marez were absent. * * * * ********* Mayor Garrett referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Minutes — Regular Council Meeting September 16, 2008 — Page 6 Case No. 0708-01, Daniel L. Henderson: A change in zoning from "1-2" Light Industrial District to an "1-3" Heavy Industrial District resulting in a change of land use from light industrial to heavy industrial for an above ground fuel storage tank on property described as being a 900 -square foot tract of land, being out of the 4.769 acre tract of land as described in deed recorded in Document No. 1998047073, Official Records of Nueces County, Texas, said 900 -square foot tract is out of Section 8, Range "V", H. L. Kinney Sectionalized lands, Villarreal Grant, Nueces County, Texas, located at 7331 Leopard Street, generally located on the interior of the property at the northwest corner of Leopard Street and Southern Minerals Road. City Secretary Chapa stated that the Planning Commission and staff recommended denial of an "1-3" Heavy Industrial District, and in lieu thereof, approval of an "1-2" Light -Industrial District with a Special Permit for one (1)1,000 gallon UL2085 above ground fuel storage tank subject to a site plan with four conditions. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Kelly, and passed. The following topics pertaining to this item were discussed: ways for creating a circumstance in "1-2" zoning to allow for an above ground storage tank; whether there is currently a tank on the property; how long the tank has been on the property; the chronological order for allowing an above ground storage tank; the repercussions to property owners for disregarding the zoning ordinance requirements; whether action can be taken against the business that installed or constructs the tank; whether a building permit was issued; and the fire marshal inspection. Mr. Chapa polled the Council for their votes as follows: 11. ORDINANCE NO. 027855 Amending the Zoning Ordinance, upon application by Daniel L. Henderson, member and registered agent, 7404 Leopard Street Property, LLC, by changing the zoning map in reference to a 900 -square foot tract of land, being out of the 4.769 acre tract out of H.L. Kinney sectionalized lands, Villarreal Grant, Section 8, Range "V", from "1-2" Light Industrial District to "I-2/SP" Light Industrial District with a Special Permit to allow one (1)1,000 gallon UL2085 above ground fuel storage tank, subject to a site plan and four (4) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, and McCutchon, voting "Aye"; Elizondo, Marez, and Martinez. Mayor Garrett referred to Item 12, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0808-01, David and Kacv Alexander: A change in zoning from an "A-1" Apartment House District to "F -R" Farm -Rural District resulting in a change of land use from vacant to agricultural on property described as a 7.93 acre tract of land, being out of the South one- half of Lot 32, Section 49, Flour Bluff and Encinal Farm and Garden Tracts. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "F -R" Farm -Rural District. Minutes — Regular Council Meeting September 16, 2008 — Page 7 No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Dr. McCutchon, and passed. The following topics pertaining to this item were discussed: whether the applicant is the current owner of the entire property; whether the applicant is requesting that a section of the property be used for residential; whether the existing land use and zoning prevents the applicant from allowing livestock on the property; the current zoning of the property; "F -R" zoned land in the area that has residential; the reason the area was platted with a residential lot; whether the land was zoned for apartments before the applicant carved out the residential portion of land; whether there is "F -R" zoning in the city limits; agricultural exemptions; the reason the total property is not being requested as an "F -R"; the requirement for livestock on property; the zoning history on this property; the comprehensive rezoning of Flour Bluff; what is on Lots 13, 14, and 15; zoning notices sent to the Naval Air Station (NAS); lack of infrastructure; surrounding properties zoned "F -R"; the infrastructure that would have to be in place for "A-1" future development; the number of animals allowed if the property was low-density residential; and whether there are presently homes on Lots 11, 12, and 13. Mr. Chapa polled the Council for their votes as follows: 12. FAILED Amending the Zoning Ordinance, upon application by David and Kacy Alexander, by changing the Zoning Map in reference to 7.93 acres out of Flour Bluff and Encinal Farm and District to "F R" Farm Rural District; amending the Comprehensive Plan to account for any publication. An emergency was declared, and the foregoing ordinance failed with the following vote: Martinez voting "Aye'; Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, and Marez, voting "No"; Elizondo was absent. Mayor Garrett referred to Item 13, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0808-02, Kuhn Equipment Company: A change in zoning from an "1-2" Light Industrial District to an "1-3" Heavy Industrial District resulting in a change of land use from light industrial to heavy industrial on property described as a 727.99 square foot tract of land out of Lot 4A, Block 4, Interstate Industrial Complex, located approximately 900 feet west of the IH 37 / Corn Products Road intersection. City Secretary Chapa stated that the Planning Commission and staff recommended denial of an "1-3" Heavy Industrial District, and in lieu thereof, approval of an "1-2" Light -Industrial District with a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed 10,000 gallons subject to a site plan and four (4) conditions. No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the public hearing, seconded by Mr. Hummell, and passed. Mr. Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting September 16, 2008 — Page 8 13. ORDINANCE NO. 027856 Amending the Zoning Ordinance, upon application by Kuhn Equipment Company, by changing the Zoning Map in reference to a 727.99 -square foot tract of land out of Interstate Industrial Complex, Lot 4A, Block 4, from "1-2" Light Industrial District to "I-2/SP" Light Industrial District with a Special Permit to allow for one (1) UL2085 above ground fuel storage tank not to exceed 10,000 gallons, subject to a site plan and four (4) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Elizondo was absent. Mayor Garrett read the following statement regarding Item 14: "As a result of the situation with Hurricane Ike causing unfavorable market conditions at this time and upon the advice of the City's financial advisor, consideration of the sale of the City's solid waste certificates of obligation shall be delayed for one week, and shall be considered at the September 23, 2008 City Council meeting." 14. POSTPONED UNTIL SEPTEMBER 23, 2008 of City of Corpus Christi, Texas, Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2008, in the aggregate principal amount of $12,000,000, and ordaining other matters relating to the subject. Mayor Garrett called for a brief recess to present proclamations and listen to public comment. Mayor Garrett called for petitions from the audience. J.E. O'Brien, 4130 Pompano, spoke regarding the ending general fund balance for the last five years; the effective tax rate and the projected fund balances for the general fund and the debt service fund for 2007 and 2008. Bob Algeo, 15629 Three Fathoms Bank, spoke regarding the rescue efforts from the Halo helicopter and Coast Guard and the tragic loss of Michael Moxley on the beach. ************* Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: (Item 20 was postponed) 19. Executive session under §551.071 of the Texas Government Code for legal advise regarding proposed classification of Corpus Christi Bay as an impaired body of water on the EPA 303(d) list, with possible discussion and action related thereto in open session. Minutes — Regular Council Meeting September 16, 2008 — Page 9 open session. 21. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. Mayor Garrett opened discussion on Item 15 regarding the establishment of a State Veterans Cemetery. City Attorney Fischer provided a background of the issue including the state legislation; the establishment of the Texas State Veterans' Committee; the committee's request for proposal (RFP) for donation of suitable property; the approval of the site submitted by Nueces County; and the agreement between Nueces County and Flint Hills Resources, L.P. to acquire the 55 acres of land. Ms. Fischer stated that later this month, the closing will take place and Nueces County will transfer the property to the State for construction and maintenance of a State Veterans' Cemetery. Ms. Fischer provided a list of items that pertain to the City in the Memorandum of Understanding including providing a pumping system and pipeline to the proposed cemetery site to provide Type II reclaimed water for irrigation purposes at no cost to the Veterans Land Board and that the City will not charge for the reclaimed water, allowing connection to an existing 16 inch water line adjacent to the proposed cemetery site domestic and fire purposes; agreeing to install fire hydrants in the right-of-way areas adjacent to the property if required by the Fire Marshal; and that the City will use its best efforts to annex the site as pursuant to the Texas Government Code. Council Member McCutchon asked for the reason that the Veterans Land Board would request annexation. Ms. Fischer said that the City cannot prohibit drilling unless the site is within the City limits. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 15. MOTION NO. 2008-250 Motion authorizing the City Manager to execute a Memorandum of Agreement between the Veterans' Land Board of the State of Texas and Nueces County and the City of Corpus Christi for the establishment of a State Veterans' Cemetery. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Elizondo was absent. Mayor Garrett opened discussion on Item 16 regarding the proposed Zahn Road Improvement Project. Project Manager Dan McGinn provided an overview of the improvements including the concept from Forestar Real Estate Group to improve the existing conditions of Zahn Road; the current and future functions of Zahn Road; current construction of the boat ramp and boat ramp road; the coordination efforts during the permitting process; the resolution authorizing the City staff to cooperate with Forestar on appropriate application and negotiate an agreement; the development agreement; and the work with the Island Action Committee. Mr. McGinn presented photos of the project area. Minutes - Regular Council Meeting September 16, 2008 - Page 10 The following topics pertaining to this item were discussed: concerns with the effect to the dunes; whether the property is on Texas General Land Office (GLO) property; the wetlands; the name of the boat ramp road; traffic control; the language in the resolution; whether Zahn Road will remain a public access road; and how Zahn Road weathered the conditions from Hurricane Ike. Council Member Hummell made a motion to amend the resolution by changing the last sentence in Section 2 to read "subject to approval of Council". The motion was seconded by Ms. Leal. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Elizondo was absent. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 16. RESOLUTION NO. 027858 Resolution authorizing the City Manager or his designee to cooperate with Forestar Real Estate Group, Inc. to make applications for required construction permits to support the proposed Zahn Road Improvement Project under the concept proposed by Forestar Real Estate Group, Inc., and to negotiate an agreement between Forestar Real Estate Group, Inc. and the City of Corpus Christi that sets out the mutually agreeable responsibilities and obligations of each party to the agreement. The foregoing resolution was passed and approved as amended with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Elizondo was absent. ** * * ** * ****** Mayor Garrett referred to Item 18 regarding a presentation on the status and proposed schedule of hearings for adoption of the Unified Development Code (UDC). Assistant City Manager Robert Nix provided a status on the UDC including a tentative schedule for the completion and major issues dealing with legality, conflicts between provisions in the codes, identifying and eliminating inconsistencies, the relationship between the UDC and the Code of Ordinances Chapter 14., Development Services, and conflicts with State law provisions. The following topics pertaining to this item were discussed: the amount paid to the consultant; the creation of a one stop shop; the changes involving the Municipal Information System (MIS) Department; the timeframe for the review of the U.S. Environmental Protection Agency (EPA) Smart Growth criteria; requirements for windmills; provisions for reducing fall diameter based on breakaway polls; vertical access wind turbines; and noise violations. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 1:27 p.m. on September 16, 2008.