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111 Regular Meeting April 14, 1997 ' Page 14 to how they had arrived at some of the areas. Mr. Gilley stated Staff did not have a process in place during the negotiations to locating towers. Mr. Gilley stated the City as owner of the property had authority to enter into an agreement. Mr. Gilley stated Staff directed Planning and Zoning to receive public input. Mr. Gilley stated Planning and Zoning had recommended 8-0 not to approve this contract. Mr. Gilley stated additional information had been received from the consultants regarding city use for water treatment. Mr. Gilley stated Council would decide if the site is appropriate to locate towers on. Mayor Moore stated several of the Council had been involved in the ongoing discussion with National League of Cities about how to deal with communication systems. Mayor Moore stated there had been changes to the Zoning Ordinance. Mr. Gilley stated he would encourage co-location of telecommunication towers. Mr. Cox asked if there were other locations. Mr. Gilley stated they had others although this location was good because of heighth. Mr. Gilley stated carriers are anxious to get a site and expand service to our area. Mr. Gilley stated if Council did not want this location, he thinks the contract is sound and could identify another site. Mr. Guerra asked whether the process where the towers would go would fall under the legality of the Telecommunications Act. Mr. Taylor stated it does and is subject to that federal law. Ms. Hughson asked Mr. Gilley about an overall plan for tower locations. Discussion ensued. Mr. Guerra asked under the Telecommunications Act how would the FCC have used an advisory opinion. Mr. Taylor stated if the Planning & Zoning Commission were the deciding body instead of an advisory;body the applicant might test it against the requirements of the federal statute that the decision be in writing and be supported by decisions which are contained in the records of that body. Mr. Taylor stated the Planning & Zoning Commission knew they were giving an advisory opinion and it might be the reason why they did not go into great detail and why they denied this issue. Mr. Taylor stated once the text amendments go through and there is SUP authority for discretionary grants of the right to use property for towers of this type they will have to get familiar with that process where both the decision and the rationale are in writing. Mr. Taylor stated the one the Planning & Zoning Commission made being advisory only probably would not hold up if they were in fact the decision making body. Mr. Taylor stated if this decision is discretionary with the Council simply because it is City property and if this were a P Zoning District and not City owned, and the property owners had negotiated the lease they would be going in by right. Mr. Guerra stated the Telecommunications Act does take some City authority. Ms. Womack stated she had received additional signatures opposing this decision. Ms. Gloria Walts stated she was opposed to this issue and this issue was never suggested to her until she found some stakes on her property and recently she received 56 requests for this not to take place. Ms. Watts stated letters are still coming in and wants the Council to consider another place such as the cemetery. Mr. Robert Baldwin a land use consultant with Sprint stated they had spoken to the City about a year ago about finding a suitable location for the tower and stated the City owns almost all the P property. Mr. Baldwin stated they had approached the University and so did the neighborhood and they refused to talk to them. Mr. Baldwin stated they had been talking to the City for about a year on this property. On roll call of the motion for adoption of the Resolution, the Council unanimously denied. Mayor Moore introduced for consideration approval of use of Water/Wastewater Contingency Funds in the amount of $5,000.00 to support the 1997 Toilet Rebate Program. Mr. Guerra moved for approval and Mr. Cox seconded the motion which passed unanimously. Mr. Hernandez not present to vote. Mayor Moore introducedior consideration approval of Change Order No. 1 in the amount of $531,785.00 for the Wastewater Treatment Plant Expansion Project. Mr. Guerra moved for approval and Mr. Cox seconded the motion which passed unanimously. Mr. Hernandez not present to vote. Mayor Moore introduced the City Manager's Report. Mr. Gilley stated he wanted to report on the Texas Transportation Meeting. Mr. Gilley stated the Commission had indicated their support for some of the transportation issues the City had brought before them. Mr. Gilley stated one was the alteration of the Centerpoint area and the existing overpass. Mr. Gilley stated the Commission had made it clear that in order to agree to the changes the sources of funding needed to be made clear. Mr. Gilley stated there had been