MINUTES OF THE JOINT PUBLIC HEARING OF THE

BUNKER HILL CITY COUNCIL AND THE

PLANNING AND ZONING COMMISSION MEETING

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

Mayor Essary called the meeting to order at 5:05 p.m. in the Council Chambers of City Hall, 11977 Memorial Drive, Houston, Texas.

Chairman Bill Purifoy called the meeting to order at 5:08 p.m. in the City Hall Council Chambers, located at 11977 Memorial Drive, Houston, Texas.

Present:                                                            Also in Attendance:

Mayor Derry D. Essary                                    Tom Ramsey, City Engineer

Councilman Keith Brown                                  Art Pertile, City Attorney

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

Councilwoman Cooky Mays                              Steve Smith, Director of Public Works           

Councilwoman Susan Schwartz                      

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                                                          

Absent:  Joel Phipps & Andrew Newton

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

                        Ms. Pascouet at 12014 Chatam Lane

                        Mr. Blake Griggs representing Clearwire

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

Chairman Purifoy called the Planning and Zoning Joint Public Hearing Meeting to order at 5:08.

Mayor Essary opened the joint public hearing at 5:08 p.m.

ALL INTERESTED PARTIES SHALL HAVE THE RIGHT AND OPPORTUNITY TO APPEAR AND BE HEARD ON THE ITEMS LISTED BELOW.

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 of Duane Morris, representing the Pascouets at 12014 Chatam Lane, stated that since the last meeting the city had provided him with a copy of the schematics. 

Mr. Bundren said based on the plans being incomplete and inaccurate he hoped the city would deny Clearwire’s request.

Mr. Burdren also stated his clients concerns regarding Clearwire;  not a complete list of building materials, the health issues relating to the microwave frequencies, the proposed additional air conditioning system not being enclosed correctly, and the lease between Clearwire and Verizon not being signed.  All should be reasons not to approve Clearwires request.

Blake Griggs from Clearwire said he had talked to Brandon Bundren this afternoon about his concerns.  He also said the plans that have been submitted to the city are complete with the exception of any changes that council or planning and zoning make.

Mr. Griggs said the service that Clearwire provides is WIFI high speed internet connections.  Mr. Griggs also said the addition Clearwire wants to make to the tower is in compliance with federal guidelines and that he submitted a letter to Ms. Johnson, City Secretary/Director of Finance stating as such.

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

2.   ADJOURN THE PUBLIC HEARING

Chairman Purifoy announced the closing of the Planning and Zoning Joint Public Hearing Meeting at 5:25 p.m.

Mayor Essary closed the Joint Public Hearing at 5:25 p.m.

3.   THE PLANNING AND ZONING COMMISSION WILL MEET IN THE JURY ROOM BEHIND THE COUNCIL CHAMBERS IN AN OPEN MEETING TO PREPARE A WRITTEN RECOMMENDATION TO PRESENT TO THE CITY COUNCIL REGARDING ITEM #1.

Discussion among Mr. Burdren, Mr. Griggs, Mr. Pertile, and Planning and Zoning Commission regarding the specifics of Clearwires request.  The conclusion was for Clearwire to come back with a specific plan for approval.  Motion was made by Bob Croyle and seconded by Gary Orr to recess the meeting at 6:16 p.m.

The Mayor asked Mr. Purifoy if he had a recommendation.  Mr. Purifoy said the Planning and Zoning Commission has gone into recess.  He said Mr. Pertile is going to check on the timeline that Planning and Zoning has to work under.  He said the commission asked Clearwire to come back with a very specific use of their proposal.  Mr. Purifoy told the mayor and council that at this time the Planning and Zoning Commission have no recommendation.

Mr. Pertile said to give a little more detail, there were several changes from Clearwire’s original proposal.  Mr. Pertile also said the commission asked Clearwire to come back with a written proposal to ask specifically what they are requesting in the specific use permit.  The following items were required for approval:  how many dishes, sound proofing, air conditioning noise, and indemnification.

Mr. Pertile said one concern was that the public hearing was closed and under federal law a deadline is in place for the governing body to make a decision.  He will let the staff know what that time frame is in the morning.

4.   DISCUSSION AND POSSIBLE ACTION REGARDING MINUTES OF THE FOLLOWING:

      a.   January 28, 2010

      b.   February 16, 2010

      c.   February 24, 2010

      No action was taken

5.   ADJOURN

Motion was made by Bob Croyle and seconded by Gary Orr to recess the meeting at 6:16 p.m.  Motion carried 5-0.

Approved and accepted on April 13, 2010.

___________________________________

Bill Purifoy, Chairman

Attest:

____________________________________

Kelly Johnson, City Secretary