City of Bellaire Image

 

CITY COUNCIL

Monday, April 5, 2021

 

Council Chamber and Telephonic

Regular Session

6:00 PM

 

FIRST FLOOR OF CITY HALL

7008 S. RICE AVENUE

BELLAIRE, TX  77401

 

LOCAL DIAL-IN NUMBER:

346-248-7799

 

TOLL-FREE DIAL-IN NUMBER:

1-888-475-4499

 

Meeting ID:  856 0881 4390

 

 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 POSSIBLE TELEPHONIC PARTICIPATION

 

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.

 

As that temporary suspension remains in effect, notice is hereby given that individual members of the City Council of the City of Bellaire, Texas, may choose to participate in this Regular Session telephonically rather than in person.

 

Additionally, members of the public will be entitled to participate and address the City Council, either telephonically or in person, 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 telephonically 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 posted start time 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 and the toll-free dial-in number is 1-888-475-4499.

 

Meeting ID:  856 0881 4390. 

 

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=1093, 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/29312.

 

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

/Portal/MeetingInformation.aspx?Org=Cal&Id=1093.

 

 

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.

 

I.

PUBLIC HEARING (NORTH BELLAIRE SPECIAL DEVELOPMENT DISTRICT)

 

 

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 regarding proposed amendments recommended by the Planning and Zoning Commission of the City of Bellaire, Texas, to Chapter 24, Planning and Zoning, Article IV, Planning Documents and Official Map, Section 24-403, Official Zoning District Map; Article V, Zoning Regulations, Division 1, Zoning Districts and Regulations of General Applicability, Section 24-501, Districts Established; Section 24-504, Planned Development; and Division 2, Zoning District Regulations, Section 24-544, Technical Research Park District (TRPD), of the Code of Ordinances of the City of Bellaire, Texas, to replace the Technical Research Park District with a new zoning district to be titled North Bellaire Special Development District, which will generally include allowances for planned developments for various commercial, residential and mixed uses, and different heights, setbacks and coverage requirements.  The proposed amendments would be generally applicable to all properties within the current Technical Research Park District and include revisions of all sections of Chapter 24, Planning and Zoning, as applicable, to refer to the new North Bellaire Special Development District - Submitted by ChaVonne Sampson, Director of Development Services.

Agenda Statement Report - Pdf

 

 

D.

Public Comment.

 

 

Any person desiring to address the City Council telephonically 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, 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).

 

The Mayor will recognize in-person speakers who have completed an orange speaker form (located at the entrance to the Council Chamber) and submit it to City Clerk Tracy L. Dutton prior to the commencement of the public hearing.

 

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.

 

 

Oral public comment on the subject matter of the public hearing will not be received following the close of the public hearing.  The public may submit written comments to the City Council prior to its final deliberation.  All written comments must be received in the City Clerk's office by noon on the Thursday preceding the meeting of final deliberation for inclusion in the official record of the proceedings.  It is anticipated that final deliberation will occur on Monday, April 19, 2021; therefore, written comments should be submitted by noon on Thursday, April 15, 2021.

 

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.

Recognition of Proclamations:

 

 

1.

Issuance of a proclamation by Andrew S. Friedberg, Mayor, proclaiming April 2021 as Fair Housing Month in the City of Bellaire, Texas, in furtherance of the City's public education and outreach efforts in support of its Fair Housing program - Requested by ChaVonne Sampson, Director of Development Services.

Agenda Statement Report - Pdf

 

 

2.

Issuance of a proclamation by Andrew S. Friedberg, Mayor, proclaiming the week of April 4-10, 2021, as "National Library Week" in the City of Bellaire, Texas, as well as presentation of the "2020 Achievement of Excellence in Libraries," awarded to the Bellaire City Library by the Texas Municipal Library Directors Association.

Agenda Statement Report - Pdf

 

 

3.

Issuance of a proclamation by Andrew S. Friedberg, Mayor, proclaiming the week of April 11-17, 2021, as Public Safety Telecommunicators Week in the City of Bellaire, Texas, in honor and recognition of our public safety telecommunicators, for their vital role in ensuring that those requiring emergency services receive the help they need, when they need it most.

Agenda Statement Report - Pdf

 

 

D.

Personal/Audience Comments.

 

 

Any person desiring to address the City Council telephonically 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, 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).

 

To address the City Council in person, please complete a blue speaker form (located at the entrance to the Council Chamber) and submit it to City Clerk Tracy L. Dutton prior to the time for personal/audience comments.

 

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.]

 

 

E.

Reports and Presentations:

 

 

1.

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.

Agenda Statement Report - Pdf

 

 

2.

Monthly Financial Report for the Period Ending February 28, 2021 - Submitted by Terrence Beaman, Chief Financial Officer.

Monthly Financial Report for the Period Ending February 28, 2021 - Pdf

 

 

3.

Presentation, consideration, and possible action on a recommendation from the Culture and Arts Board of the City of Bellaire, Texas, for the temporary installation of artwork in Loftin Park, including authorizing the Interim City Manager of the City of Bellaire, Texas, to execute any and all necessary documents for the installation and lease of the artwork - Submitted by Cheryl Bright, Community Relations Administrator, on behalf of the Culture and Arts Board, and presented by Andrew Williamson, Chair of the Culture and Arts Board. 

Agenda Statement Report - Pdf

 

 

F.

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, January 25, 2021 - Submitted by Tracy L. Dutton, City Clerk.

City Council - Jan 25 2021 - Minutes

 

 

b.

Adoption of Ordinances and Resolutions:

 

 

 

Consideration of and possible action on the adoption of an ordinance of the City Council of the City of Bellaire, Texas, temporarily suspending the application of Chapter 6, Animals and Fowl, Article II, Keeping Dogs and Cats, Section 6-43, Dogs and cats prohibited on parks and playgrounds, of the Code of Ordinances of the City of Bellaire, Texas, for the purpose of allowing the Evelyn’s Park Conservancy to host an event titled "Evelyn's Bark and Open Air Market" in Evelyn’s Park, 4400 Bellaire Boulevard, Bellaire, Texas, said suspension to commence at 8:00 a.m. and terminate at 6:00 p.m. on Saturday, May 30, 2021 - Submitted by Cheryl Bright, Community Relations Administrator, on behalf of the Evelyn's Park Conservancy Board.

Agenda Statement Report - Pdf

 

 

2.

Adoption of Ordinances and Resolutions:

 

 

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 of the City of Bellaire, Texas, to accept, for and on behalf of the City of Bellaire, Texas, a Hazard Mitigation Grant Program, DR-4332, Hurricane Harvey, sub-grant awarded by the Texas Division of Emergency Management for the City of Bellaire Flap Gates Floodproofing – Phase 1 Project with a total sub-grant amount of $190,000.00, and to execute any and all other documentation necessary to effectuate such acceptance; and authorizing the City’s local cost share of twenty-five percent (25%) of the total sub-grant amount - Submitted by ChaVonne Sampson, Director of Development Services.

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, authorizing the Interim City Manager of the City of Bellaire, Texas, to accept, for and on behalf of the City of Bellaire, Texas, a Hazard Mitigation Grant Program, DR-4332, Hurricane Harvey, sub-grant awarded by the Texas Division of Emergency Management for the Feld Park Emergency Diesel Generator Project with a total sub-grant amount of $240,290.00, and to execute any and all other documentation necessary to effectuate such acceptance; and authorizing the City’s local cost share of twenty-five percent (25%) of the total sub-grant amount - Submitted by ChaVonne Sampson, Director of Development Services.

Agenda Statement Report - Pdf

 

 

G.

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.

 

 

H.

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 matters within the attorney-client privilege including pending litigation regarding MM Bellaire One LLC v. City of Bellaire.

 

 

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