City of Bellaire Image

 

CITY COUNCIL

Monday, December 21, 2020

 

Telephonic Meeting

Regular Session

6:00 PM

 

LOCAL DIAL-IN NUMBER:

346-248-7799

 

TOLL-FREE DIAL-IN NUMBER:

1-888-475-4499

 

Meeting ID:

857 4440 6499

 

 

 Agenda

 

 

 

 

 

 

Mayor

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Andrew S. Friedberg

 

 

 

 

Mayor Pro Tem

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Gus E. Pappas

 

Council Member

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Neil Verma

 

Council Member

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Catherine Lewis

 

 

 

Council Member

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Nathan Wesely

Council Member

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Michael Fife

Council Member

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Jim Hotze

 

 

 

 

 

 

 

REGULAR SESSION - 6:00 P.M.

 

 

NOTICE OF TELEPHONIC MEETING

 

 

Pursuant to Section 418.016 of the Texas Government Code, on March 16, 2020, the Governor of the State of Texas granted the Office of the Attorney General's request for the temporary suspension of certain provisions of the Texas Open Meetings Act to allow for telephonic or videoconference meetings of governmental bodies that are accessible to the public in an effort to reduce in-person meetings that assemble large groups of people, as a precautionary measure to contain the spread of novel coronavirus COVID-19.

 

Accordingly, this Regular Session of the City Council of the City of Bellaire, Texas, will be conducted telephonically in furtherance of this important and necessary objective to protect the public health and welfare in our community.

 

Members of the public will be entitled to participate and address the City Council in the telephonic meeting, at the time for public comment during the Public Hearing, and at the time for personal/audience comments in the Regular Meeting. Any person desiring to address the City Council must submit their request via e-mail to City Clerk Tracy L. Dutton at tdutton@bellairetx.gov.

 

The request must be received prior to the start of the meeting, include the speaker's full name and the phone number from which they will be calling in to participate in the meeting, and specify whether the request is to speak in the Public Hearing or in the Regular Meeting, or both.

 

Speakers will be recognized in the order in which their requests are received.

 

The local dial-in number to participate remotely in the telephonic meeting is 346-248-7799.  The toll-free dial-in number is 1-888-475-4499.  Meeting ID:  857 4440 6499.

 

Members of the public may view a live broadcast of the meeting by visiting the City's website at

/Portal/MeetingInformation.aspx?Org=Cal&Id=1061, U-Verse Channel 99, Comcast Channel 16, and the City's Facebook page at https://www.facebook.com/bellairetx.gov/.

 

An electronic copy of the agenda packet for this Regular Session is posted online at

/document/26302.

 

A recording of the telephonic meeting will be made and will be posted online at

/Portal/MeetingInformation.aspx?Org=Cal&Id=1061.

 

 

 

 

A.

Call to Order - Andrew S. Friedberg, Mayor.

 

 

B.

Announcement of a Quorum - Andrew S. Friedberg, Mayor.

 

 

C.

Inspirational Reading and/or Invocation - Andrew S. Friedberg, Mayor.

 

 

D.

Pledges to the Flags - Andrew S. Friedberg, Mayor.

 

 

1. U.S. Pledge of Allegiance:

 

I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.

 

 

2. Pledge to the Texas Flag:

 

Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.

 

 

E.

Recognition of Proclamation:

 

 

 

Issuance of a proclamation by Andrew S. Friedberg, Mayor, proclaiming December 10, 2020, as Officer Hunter Gossett Day in the City of Bellaire, Texas, and offering our community's very best wishes and encouragement in his ongoing battle with leukemia and our hopes that all his dreams come true.

Agenda Statement Report - Pdf

 

I.

PUBLIC HEARING (MAXIMUM BUILDING HEIGHT OF RESIDENTIAL STRUCTURES)

 

 

A.

Reading of the Notice of Public Hearing - Tracy L. Dutton, City Clerk.

 

 

B.

Summary of Public Hearing Procedure - Brant Gary, Interim City Manager.

 

 

C.

Presentation of Proposal:

 

 

 

Public hearing on proposed amendments recommended by the Planning and Zoning Commission of the City of Bellaire, Texas, to the following sections of the Code of Ordinances of the City of Bellaire, Texas, Chapter 24, Planning and Zoning, Article V, Zoning Regulations, Division 2, Zoning District Regulations:  Section 24-531, R-1 Residential District; Section 24-532, R-3 Residential District; Section 24-533, R-4 Residential District; Section 24-534, R-5 Residential District; Section 24-537a, R-M.2-O Residential-Office Mixed-Use District; and Section 24-541, Loop 610 District; for the purpose of modifying the calculation of maximum building height for residential structures - Submitted by ChaVonne Sampson, Director of Development Services.

Agenda Statement Report - Pdf

 

 

D.

Public Comment.

 

 

Any person desiring to address the City Council must sign up, prior to the posted start time of the meeting, by e-mail to City Clerk Tracy L. Dutton, tdutton@bellairetx.gov.  When signing up, all speakers shall provide their full name and the phone number from which they will be calling (for the call moderator to be able to identify them).

 

Each speaker shall have a time limit of up to five (5) minutes, with no extension, and with notice after four (4) minutes that one (1) minute is left.  Questions from the public shall be addressed to the Mayor, and the Mayor and members of the City Council may refer such questions to the staff as appropriate.

 

 

 

E.

Questions from the Mayor and City Council.

 

 

F.

Close of the Public Hearing.

 

 

As the City Council's final deliberation of the proposal is scheduled for the same date following the Public Hearing, public comment on the proposal, whether oral or written, will not be received following the close of the Public Hearing.

 

See Rules of Procedure of the City Council of the City of Bellaire, Texas, as of October 10, 2016.

 

 

 

G.

Adjourn.

 

II.

REGULAR MEETING

 

 

A.

Call to Order - Andrew S. Friedberg, Mayor.

 

 

B.

Announcement of a Quorum - Andrew S. Friedberg, Mayor.

 

 

C.

Personal/Audience Comments.

 

 

Any person desiring to address the City Council must sign up, prior to the posted start time of the meeting, by e-mail to City Clerk Tracy L. Dutton, tdutton@bellairetx.gov.  When signing up, all speakers shall provide their full name and the phone number from which they will be calling (for the call moderator to be able to identify them).

 

Each speaker shall have a time limit of up to five (5) minutes, with no extension, and with notice after four (4) minutes that one (1) minute is left. In the event of pressing business before the City Council or matters requiring its immediate attention or action, the City Council may, prior to the opening of audience comments, set a different maximum time limit for each speaker by a vote of four (4) members of the City Council.

 

The purpose of this item is to allow the residents of Bellaire and other interested persons an opportunity to address the City Council on agenda issues and on non-agenda issues that are a matter of the jurisdiction of the City Council (i.e., City policy and legislative issues). Non-agenda issues regarding daily operational or administrative matters should be first dealt with at the administrative level by calling City Hall at (713) 662-8222 during business hours.

 

[Note: The Texas Open Meetings Act, Texas Government Code, Chapter 551, prohibits the City Council from fully discussing, debating, or considering subjects for which public notice has not been given on the agenda. Issues that cannot be referred to the City Staff for action may be placed on the agenda of a future City Council Session.]

 

 

 

D.

Reports and Presentations:

 

 

 

City Manager's Report to provide information concerning City operations and projects, to include: COVID-19 updates, City operations/personnel updates, communication activity, and future Council meeting information - Submitted by Brant Gary, Interim City Manager.

City Manager's Report - Pdf

 

 

E.

New Business.

 

 

1.

Consent Agenda.

 

 

Items set out in the consent agenda are considered routine and are recommended for approval by the passage of a single motion, without discussion or debate, that the consent agenda be adopted.  Upon request of any member of City Council, items shall be removed from the consent agenda and considered separately.

 

 

 

a.

Approval of Minutes:

 

 

 

Consideration of and possible action on the adoption of the minutes of the Regular Session of the City Council of the City of Bellaire, Texas, held on Monday, October 5, 2020 - Submitted by Tracy L. Dutton, City Clerk.

City Council - Oct 05 2020 - Minutes

 

 

b.

Adoption of Ordinance and Resolution:

 

 

1.

Consideration of and possible action on the adoption of an ordinance of the City Council of the City of Bellaire, Texas, authorizing the Interim City Manager of the City of Bellaire, Texas, to negotiate and execute an electrical supply agreement, for the purchase of electricity for the City of Bellaire's public facilities, for a term commencing on January 1, 2022, and not to exceed 96 months, at a rate not to exceed $0.0380/kWh - Submitted by Karl Miller, Director of Parks, Recreation and Facilities.

Agenda Statement Report - Pdf

 

 

2.

Consideration of and possible action on the adoption of a resolution of the City Council of the City of Bellaire, Texas, approving the Rules of Procedure for the Board of Adjustment of the City of Bellaire, Texas, 2020-2021 Term - Submitted by ChaVonne Sampson, Director of Development Services.

Agenda Statement Report - Pdf

 

 

c.

Item for Individual Consideration:

 

 

 

Consideration of and possible action to approve the acceptance of two grants awarded to the Bellaire Fire Department by the Bellaire Police and Fire Foundation - Submitted by Deacon Tittel, Fire Chief.

Agenda Statement Report - Pdf

 

 

2.

Adoption of Ordinances:

 

 

a.

Consideration of and possible action on the adoption of an ordinance of the City Council of the City of Bellaire, Texas, authorizing the Interim City Manager and the City Clerk of the City of Bellaire, Texas, to execute and attest, respectively, a Standard Form of Agreement with Ally General Solutions, LLC, for the provision of any and all services, to include labor, material, transportation, tools, supplies, equipment and appurtenances necessary for on-call paving and storm sewer repair services in an amount not to exceed $500,000.00 - Submitted by Michael Leech, Director of Public Works.

Agenda Statement Report - Pdf

 

 

b.

Consideration of and possible action on the adoption of an ordinance of the City Council of the City of Bellaire, Texas, amending Chapter 9, Buildings, Article II, Building Codes, Division 1, Generally, Section 9-18, Drainage requirements for residential construction, and several sections within Article II-A, Flood Damage Prevention, of the Code of Ordinances of the City of Bellaire, Texas, to update the minimum standards for drainage, detention and flood damage prevention, including by adding minimum standards for properties within the 500-year floodplain - Submitted by ChaVonne Sampson, Director of Development Services.

Agenda Statement Report - Pdf

 

 

c.

Consideration of and possible action on the adoption of an ordinance of the City Council of the City of Bellaire, Texas, amending Chapter 24, Planning and Zoning, Article V, Zoning Regulations, Division 2, Zoning District Regulations, Section 24-531, R-1 Residential District; Section 24-532, R-3 Residential District; Section 24-533, R-4 Residential District; Section 24-534, R-5 Residential District; Section 24-537a, R-M.2-O Residential-Office Mixed-Use District; and Section 24-541, Loop 610 District; of the Code of Ordinances of the City of Bellaire, Texas, to modify the calculation of maximum building height for residential structures - Submitted by ChaVonne Sampson, Director of Development Services.

Agenda Statement Report - Pdf

 

 

d.

Consideration of and possible action on the adoption of an ordinance of the City Council of the City of Bellaire, Texas, authorizing the Interim City Manager and the City Clerk of the City of Bellaire, Texas, to execute and attest, respectively, a Standard Form of Agreement with Safebuilt Texas, LLC, for building inspection and plan review services necessary for the enforcement of the City's building codes in an estimated amount of $227,250.00 - Submitted by ChaVonne Sampson, Director of Development Services.

Agenda Statement Report - Pdf

 

 

e.

Consideration of and possible action on the adoption of an ordinance of the City Council of the City of Bellaire, Texas, authorizing the Interim City Manager and the City Clerk of the City of Bellaire, Texas, to execute and attest, respectively, a Standard Form of Agreement with Safebuilt Texas, LLC, for Building Official services necessary for the enforcement of the City's building codes in an estimated amount of $180,000.00 - Submitted by ChaVonne Sampson, Director of Development Services.

Agenda Statement Report - Pdf

 

 

3.

Item for Individual Consideration:

 

 

 

Consideration of and possible action to proceed with the solicitation of proposals and qualifications for professional facilitation services for a City Council consensus-building exercise - Submitted by Andrew S. Friedberg, Mayor. 

Agenda Statement Report - Pdf

 

 

F.

Community Interest Items from the Mayor and Council.

 

 

It is the intent of this item to provide members of the City Council the opportunity to make a report about items of community interest, which may include expressions of thanks, congratulations, or condolence; information regarding holiday schedules; honorary recognition of City officials, employees, or other citizens or entities; reminders of upcoming events sponsored by the City or another entity that is scheduled to be attended by a City official or City employee; and announcements involving an imminent threat to the public health and safety of people in Bellaire that has arisen after the posting of the agenda.

 

No action may be taken on a reported item of community interest, and no possible action discussed except a proposal to place the subject on the agenda for a subsequent meeting.

 

See Texas Government Code, Chapter 551, Open Meetings, Section 551.0415.

 

 

 

G.

Adjourn.

 

III.

CLOSED MEETING

 

 

A.

Call to Order - Andrew S. Friedberg, Mayor.

 

 

B.

Announcement of a Quorum - Andrew S. Friedberg, Mayor.

 

 

C.

Retire into Closed Meeting:

 

 

Retire into closed meeting pursuant to the Texas Government Code, Chapter 551, Open Meetings, Section 551.071, Consultation with Attorney; Closed Meeting, to receive legal advice concerning pending or contemplated litigation involving A Status Construction, LLC, and to deliberate for possible action in open meeting an application made by A Status Construction, LLC, pursuant to Chapter 2, Administration, Article I, In General, Section 2-16, Notice of claim required, Subsection (b), of the Code of Ordinances of the City of Bellaire, Texas; and

 

Continue pursuant to the Texas Government Code, Chapter 551, Open Meetings, Section 551.074, Personnel Matters; Closed Meeting, to deliberate the appointment, employment, evaluation, and duties of the City Attorney of the City of Bellaire, Texas.

 

 

 

D.

Reconvene in Open Meeting:

 

 

Reconvene in open meeting and take action, if any, on items discussed in the closed meeting.

 

 

E.

Adjourn.

 

 

City of Bellaire Texas