MINUTES OF THE JOINT PUBLIC HEARING OF THE

BUNKER HILL CITY COUNCIL AND THE

PLANNING AND ZONING COMMISSION MEETING

TUESDAY, 5:00 P.M., FEBRUARY 16, 2010

Mayor Essary called the meeting to order at 5:02 p.m. in the Council Chambers of City Hall, 11977 Memorial Drive, Houston, Texas.

Chairman Bill Purifoy called the meeting to order at 5:04 p.m. in the City Hall Council Chambers, located at 11977 Memorial Drive, Houston, Texas.

Present:                                                Also in Attendance:

Mayor Derry D. Essary                         Ruthie Sager, City Administrator

Councilman Keith Brown                       Loren Smith, City Attorney

Councilman Dave Ellis                           Kelly Johnson, City Secretary/Director of Finance

Councilwoman Cooky Mays                   Steve Smith, Director of Public Works   

Councilwoman Susan Schwartz              Tom Ramsey, City Engineer

Councilman Jay Smyre 

Present:

Bill Purifoy, Chairman    of P&Z                                     Gary Orr of P&Z

Robert G. Croyle, Vice Chairman of P&Z                      Gerald Teel of P&Z

Alan Augustine of P&Z                                                 Andrew Newton of P&Z

Absent:  Joel Phipps

Visitors:            R. Brandon Burden, Attorney at Law representing Ms. Pascouet

                        Ms. Pascouet at 12014 Chatam Lane

Bill Purifoy, Chairman of Planning and Zoning Commission, acknowledged a quorum was present.

Chairman Purifoy called the Planning and Zoning Joint Public Hearing to order at 5:04.

Mayor Essary opened the joint public hearing at 5:07 p.m.

1.   DISCUSSION AND POSSIBLE ACTION REGARDING AN ORDINANCE OF THE CITY OF bunker hill VILLAGE, TEXAS, AMENDING appendix “a” OF THE CODE OF ORDINANCES OF THE CITY, SAME BEING THE COMPREHENSIVE ZONING ORDINANCE OF SAID CITY, BY GRANTING A SPECIFIC USE PERMIT FOR CONSTRUCTION AND USE OF ADDITIONAL buildings and/or structures TO BE CONSTRUCTED BY CLEARWIRE CORPORATION AND TO BE LOCATED AT 11977 MEMORIAL DRIVE, HOUSTON, TEXAS, to wit: TELECOMMUNICATIONS FACILITIES, AND OTHER INCIDENTAL IMPROVEMENTS; PROVIDING FOR REPEAL; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY.

Comments: R. Brandon Bundren with the law firm Duane Morris representing the Pascouet’s stated they object to the modifications being presented to the tower.  He stated that if an ordinance is passed his client is ready to proceed with legal action.

RECESS PUBLIC HEARING TO ALLOW PLANNING AND ZONING COMMISSION TO MAKE A WRITTEN RECOMMENDATION TO THE CITY COUNCIL

Chairman Purifoy announced the closing of the Planning and Zoning Joint Public Hearing Meeting at 5:15 p.m.

Mayor Essary closed the joint public hearing at 5:15 p.m.

2.   THE PLANNING AND ZONING COMMISSION WILL PREPARE A WRITTEN RECOMMENDATION TO PRESENT TO THE CITY COUNCIL REGARDING ITEM #1.

City Attorney Loren Smith summarized the history of the previous legal action between the city, the residents and GTE regarding the cell tower located on City of Bunker Hill Village property at 11977 Memorial Drive.  A representation from Clear Wireless did not attend the joint public hearing or the P&Z meeting.

Motion was made by Gerald Teel and seconded by Bob Croyle to recess until March 2, 2010, or another date approved by city council, to allow for additional information to be provided by citizens and Clear Wireless.  Motion carried 6-0.

The mayor reopened the joint public hearing at 6:08 p.m.  Bill Purifoy, Chairman of Planning and Zoning also reopened the Planning and Zoning Joint Public Hearing Meeting at 6:08 p.m.

Mayor Essary asked Mr. Purifoy, Chairman of the Planning and Zoning Commission, if they had a recommendation for city council.  Mr. Smith, Public Works Director stated the recommendation is to recess until March 2, 2010, or another date approved by council, to allow for additional information to be provided by citizens and Clear Wireless.

Bill Purifoy recessed the Planning and Zoning Joint Public Hearing until the next city council meeting on March 16, 2010 at 5:00 p.m.

The mayor recessed the joint public hearing until the next city council meeting on March 16, 2010 at 5:00 p.m.

3.   ADJOURN

Motion was made by Al Augustine and seconded by Gary Orr to adjourn the meeting at 6:10 p.m.  Motion carried 6-0.

Approved and accepted on March 16, 2010.

___________________________________

Bill Purifoy, Chairman

Attest:

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Kelly Johnson, City Secretary