CITY OF BUNKER HILL VILLAGE

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND

A JOINT PUBLIC HEARING OF THE MEMBERS OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION

OF THE CITY OF BUNKER HILL VILLAGE, TEXAS

APRIL 13, 2010 – 5:00 P.M.

I.                   CALL TO ORDER

Mayor Essary called the meeting to order at 5:05 p.m. in the Council Chambers of City Hall, 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                                                            Steve Smith, Director of Public Works                                                                       

Councilwoman Cooky Mays                                      

Councilwoman Susan Schwartz                                                          

Councilman Jay Smyre           

Present:

Bill Purifoy, Chairman of Planning & Zoning                          Gary Orr of Planning & Zoning

Robert G. Croyle, Vice Chairman of Planning & Zoning          Gerald Teel of Planning & Zoning

Alan Augustine of Planning & Zoning                                      Eric Herleth of Planning & Zoning           

Andy Newton of Planning & Zoning              

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

II.                JOINT PUBLIC HEARING

Chairman Purifoy called the Planning and Zoning Joint Public Hearing Meeting to order at 5:05 p.m.

Mayor Essary opened the joint public hearing at 5:05 p.m.

ALL INTERESTED PERSONS ARE INVITED TO SPEAK AND SHALL BE GIVEN THE OPPORTUNITY TO BE HEARD

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 $2,000 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 Clearwire was to provide on or prior to this meeting three things.  Those three things included; final plans to the board and to the Pascouets, Clearwire to indemnify the city from any lawsuits, and Clearwires guarantee there would be no additional noise from the air conditioning.  Mr. Bundren said he did finally get a copy of the final plans today at around 11:30 a.m.  

Mr. Griggs with Clearwire did acknowledge that he has not submitted to the city the indemnification.  He said his attorneys are still working on it.

Mr. Bundren said he believes by putting up more microwave antenna’s it would be harmful to his client.

Mr. Smith, the Public Works/Building Official, asked Mr. Griggs what exactly Clearwire was adding to the tower out back.  Mr. Griggs said three panel antennas and one microwave dish.

III.             ADJOURN THE PUBLIC HEARING

Chairman Purifoy announced the closing of the Planning and Zoning Joint Public Hearing Meeting at 5:26 p.m.

Mayor Essary closed the joint public hearing at 5:26 p.m.

IV.              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 $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY

Loren Smith said the Planning and Zoning recommendation was to approve the permit contingent upon three things; Clearwire submitting an indemnification agreement that the city attorney has to approve, the air conditioning will not exceed the sound levels that are out there now, and all the equipment will comply with state and federal law.

Councilman Brown said he was not willing to vote on the permit at this time.  He said Bunker Hill Village needs an indemnity agreement that defends Bunker Hill Village and show us harmless and proof of the financial backing for the indemnification agreement by a corporate bond or insurance policy.

Councilman Ellis pointed out that the name on the application is different than the name on the plans.  Mr. Loren Smith told Mr. Griggs that we need to be clear and have the correct name of the company on the documentation.

Motion was made by Councilman Brown and seconded by Councilman Smyre to table until the regular May session of city council to vote on the proposed change in the planning & zoning ordinance regarding the microwave tower.  Motion carried 5-0.

V.                 ADJOURN

Motion was made by Mr. Loren Smith and seconded by Councilman Ellis to adjourn the meeting at 5:50 p.m.  Motion carried 5-0.

Approved and accepted on April 20, 2010.

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DERRY D. ESSARY, Mayor

ATTEST:

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Kelly Johnson, City Secretary