MINUTES OF THE JOINT PUBLIC HEARING OF THE

BUNKER HILL CITY COUNCIL AND THE

PLANNING AND ZONING COMMISSION MEETING

TUESDAY, 5:00 P.M., April 13, 2010

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.

Chairman Bill Purifoy called the meeting to order at 5:05 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 Adminstrator

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 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                                              Eric Herleth of P&Z

Andy Newton of P&Z

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

                        Ms. Pascouet at 12014 Chatam Lane

                        Mr. Blake Griggs representing Clearwire

                        Mr. Bob Newman

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

II.        JOINT PUBLIC HEARING 

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

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 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 Director/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 JOINT 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.       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 II.

After a discussion it was agreed by Planning and Zoning  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.

Motion was made by Bob Croyle and seconded by Gerald Teel.  Motion carried 7-0.

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

A.  January 28, 2010

Motion was made by Gary Orr and seconded by Andy Newton to approve January 28, 2010 minutes.  Motion carried 7-0.

B.   February 16, 2010

Motion was made by Gary Orr and seconded by Bob Croyle to approve February 16, 2010 minutes.  Motion carried 7-0.

C.   February 24, 2010

      Item was tabled for correction.

D.  March 16, 2010

Motion was made by Gary Orr and seconded by Alan Augustine to approve March 16, 2010 minutes with noted changes.  Motion carried 7-0.

VI.       ADJOURN

Motion was made by Gary Orr and seconded by Gerald Teel to adjourn at 6:20 p.m.  Motion carried 7-0.

Approved and accepted on April 20, 2010.

___________________________________

Bill Purifoy, Chairman

Attest:

____________________________________

Kelly Johnson, City Secretary