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Regular Council Meeting March 24, 2014 Page 6 could not be sold and only if one showed that the purpose was to preserve nature could they overcome some of the obstacles; however, it would require a long and tedious permitting process that was guided by federal guidelines. Mayor Hashmi also touched on the EPA regulations and said there would need to be proper engineering and an environmental protection plan. Next, Mayor Hashmi discussed estimated costs associated with the Lake Crook Project. He said dredging of lake would cost millions of dollars; that development of just a circular tract around the lake was estimated at one million dollars; and that infrastructure would require millions of dollars. He also said these estimated costs were the bare minimum, which is why a major investor or investors was necessary to bring this project to fruition. Mayor Hashmi said the Council would continue to work on the Lake Crook Project, they needed support from the citizens and that Council would keep the public informed of progress. 16. Conduct a public hearing, discuss and act on a variance request from Zulu Internet, Inc. to place a 190 foot tower within 500 feet of land zoned agriculture from Zulu Internet, Inc. City Engineer Shawn Napier explained that Mr. Harms wanted to purchase the property from Jerry Pitcock and install a 190 -foot guyed tower on the property. Mr. Napier said the proposed 190 -foot tower would be constructed in the middle of the lot, the collapse zone would be contained on the property in question and that the nearest residential structure was over 600 - feet away to the west from the base of the proposed tower. Mr. Napier recommended approval of the variance request. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. Jerry Pitcock of Pitcock's Wrecker and John Harms, owner of Zulu Internet, spoke in support of this variance request. Mayor Hashmi asked for anyone wishing to speak in opposition of this item to please come forward. With no one else speaking, Mayor Hashmi closed the public hearing. A Motion to approve the variance was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 17. Receive project update on Phase I of the TWDB water line replacement project, and discuss and act on Change Order #1 in the amount of $18,383.02. Mr. Napier said the first phase of the project was awarded to McInnis Brothers Construction in April 2013 for $1,815,202.91, that construction began in July 2013, and should have been finished in late January. He said the project started off well, but they encountered several problems, which included delays due to weather, city lines that were in the way, and some delays due to the contractor. Mr. Napier said the contractor had asked for an additional ninety days to complete the work, but city staff and the project engineer had agreed to sixty. Mr. Napier said this would set a new substantial completion date of March 21, and they should be able to assess liquidated damages of $150 per day until the contract was completed at an acceptable standard. Mr. Napier confirmed the contractor underbid the project. Mr. Napier apologized to the City Council, the city manager and the citizens for the delays and the manner