City of Richland Hills Seal

Richland Hills City Council

Regular Meeting Agenda, Tuesday, May 10, 2011, 7:00 P.M.

City Hall, 3200 Diana Drive


The Regular Session is open to the public. If Executive Session is required, it will be held in the Council Conference Room, and is closed to the public. Please note that although the Council will generally consider the items on the agenda in the order shown below, the Council may elect to re-order items in order to accommodate the needs of the Council, city staff, presenters, or the public generally. Therefore, members of the public interested in any agenda item are encouraged to be in attendance at the start of the meeting.

1. CALL TO ORDER

2. INVOCATION AND PLEDGES OF ALLEGIANCE

3. PUBLIC INPUT OR PUBLIC COMMENTS -- Public.

4. PRESENTATIONS/RECOGNITIONS/PROCLAMATIONS -- Consider proclaiming the following: A) Mayor Ragan to present five-year service award to Ms. Aleshia A. Wingate, Police Officer, Police Department; B) Mayor Ragan to proclaim May 15-21, 2011 as National Police Week and publicly salute the service of law enforcement officers in our community and in communities across the nation, C) Mayor Ragan to proclaim May 2011 as Bicycle Safety and Awareness Month and urge citizens to become informed on bicycle safety issues to reduce bicycle related risks and injuries via attending events such as bicycle safety rodeos and D) Mayor Ragan to proclaim the week of May 6-12, 2011 as National Nurses Week and encourage all citizens to honor bedside nurse leaders who through their evidence based practice, research, continued education and sharing of best practices improve the quality of care of all patients.

5/10/2011  Biography of Ms. Aleshia A. Wingate, Police Officer

5/10/2011  National Police Week

5/10/2011  Bicycle Safety and Awareness Month

5/10/2011  National Nurses Week proclamatin

5. BOARD APPOINTMENTS AND RESIGNATIONS -- Appointments and resignations.

6. RECEIVE THE REPORT OF THE CITY’S DELINQUENT TAX COLLECTION LAW FIRM LINEBARGER GOGGIN BLAIR AND SAMPSON, LLP REGARDING THE COLLECTION OF DELINQUENT PROPERTY TAXES OWED WITHIN THE CITY -- Receive and discuss report of the City’s delinquent tax collection law firm Linebarger Goggin Blair and Sampson, LLP regarding collection of delinquent property taxes owed within the City, particularly regarding vacant properties.

7. APPROVE AGREEMENT REGARDING STORAGE OF MACHINES AT CITY FACILITY -- Consider discussing and approving an agreement with Mrs. Pat Jermyn regarding storage of popcorn, hotdog and snow cone machines at a City facility in return for consent to use such machines at City functions and City-sponsored community events.

5/10/2011  Agreement as prepared by the City Attorney

8. CONDUCT PUBLIC HEARING REGARDING REQUEST FOR SPECIAL USE PERMIT TO OPERATE SNOW CONE STAND AT 6940 BAKER BOULEVARD -- Consider the following:

A) Conduct public hearing regarding a request for a special use permit from the owners of the Mom & Pop Snow Cone Shop to operate a snow cone stand located at 6940 Baker Boulevard which is in the General Commercial Zoning District (C - 2) and

B) Approve a special use permit to operate a snow cone stand located at 6940 Baker Boulevard which is in the General Commercial Zoning District (C - 2)

4/5/2011  E-mail from the Director of Community Development and Planning to the City Manager.

5/10/2011  Snow Cone Ordinance

9. APPROVE ORDINANCE AMENDING BOARDS, COMMISSIONS AND COMMITTEES -- Consider discussing and approving an ordinance amending Boards, Commissions and Committees.

4/12/2011  Agenda Item Number 9 from Council``s Tuesday, April 12, 2011 Regular Meeting.

10. APROVE RICHLAND HILLS DEVELOPMENT CORPORATION ACTION REGARDING INCENTIVE AGREEMENT FOR A PROPERTY LOCATED AT 7060 BOULEVARD 26 -- Consider discussing and approving Richland Hills Development Corporation action regarding granting an economic development incentive with CCR Grapevine Hwy., LLC for a project located at 7060 Boulevard 26, Richland Hills, Texas with the value of the incentive based on the value of construction, fifty percent (50%) of the cost to abate and demolish the existing structure, and the cost of rebating construction permits not to exceed one hundred and twenty-two thousand two hundred and ninety dollars ($122,290).

5/10/2011  Recommendation as prepared by the Economic Development Specialist.

5/10/2011  Economic Development Incentive Agreement

11. CALL PUBLIC HEARING ON FISCAL YEAR 2011-12 CRIME CONTROL AND PREVENTION DISTRICT BUDGET -- Consider discussing and calling a public hearing for 7:00 P. M., Tuesday, June 14, 2011 regarding approval of the Fiscal Year 2011-12 Crime Control and Prevention District Budget.

12. APPROVE INTERLOCAL AGREEMENT WITH BIRDVILLE INDEPENDENT SCHOOL DISTRICT REGARDING CONSTRUCTION OF A DENTION POND AT RICHLAND ELEMENTARY SCHOOL – Consider discussing and approving an interlocal agreement with the Birdville Independent School District regarding construction of a detention pond by the City located at Richland Hills Elementary School for the purpose of detaining stormwater runoff as part of its flood control program.

5/10/2011  Interlocal Agreement

5/10/2011  Exhibit A

5/10/2011  Exhibit B

13. APPROVE RESOLUTION APPROVING AMENDED WATER CONSERVATION AND EMERGENCY MANAGEMENT PLAN -- Consider discussing and approving resolution approving amendments to Water Conservation and Emergency Management Plan first adopted in 2000.

5/10/2011  Amended water conservation plan

4/29/2011  E-mail from Director of Public Works to the City Manager.

14. APPROVE CONTRACT AWARD TO HALFF AND ASSOCIATES REGARDING DRAINAGE ANALYSIS -- Consider discussing and approving contract award for the amount of $19,340 to Halff and Associates regarding providing an analysis of the drainage patterns for property located at 7060 Boulevard 26, near the intersection of SH 26 and Popplewell Street.

5/5/2011  E-mail from the Director of Public Works to the City Manager.

5/5/2011  Halff``s Proposal

15. CONSIDER HEARING A STAFF REPORT REGARDING A "STOP WORK" ORDER ISSUED BY CODE ENFORCEMENT FOR A PARTIALLY CONSTRUCTED FENCE AT 7008 HOVENKAMP DETERMINED TO BE IN VIOLATION OF CITY CODE. IN ADDITION, CONSIDER DIRECTING THE REMOVAL OF THE SEGMENTS OF FENCING, POSTS, OTHER FENCING MATERIALS, INCLUDING CONCRETE FOOTINGS ON THE PROPERTY -- Consider hearing a report from city staff on the history of the construction of a fence at 7008 Hovenkamp which extends beyond the property building line authorized by city ordinances and directing the removal of the portions of the fence and concrete footings which have been determined to be in violation. This item was placed on the agenda by Council Member Marrs.

16. REMOVAL OF CONSENT AGENDA ITEMS -- Any Council Member may remove any item from the Consent Agenda for separate discussion and action at this time.

17. CONSENT AGENDA -- A) Approval of Tuesday, April 26, 2011 Regular Meeting Minutes.

4/26/2011  Tuesday, April 26, 2011 Regular Meeting Minutes

18. EXECUTIVE SESSION: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, executive session may be held under one or more of Sections 551.071, 551.073, 551.074, 551.076, 551.087, 413.183(f) and 418.106(d) & (e), either at the end of the Regular Session or at any time during the meeting on any item on the agenda if a need arises for the City Council to seek advice from the City Attorney or otherwise convene in closed session as permitted by such sections of the Open Meetings Act. The City Council may take action on any agenda item listed for executive session consideration upon reconvening in open session. Please refer to agenda for the items posted. The sections referenced above are generally described as follows:

Section 551.071: Consultation with Attorney

The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551; particularly, receive advice regarding school district detention pond agreement.

Section 551.072: Deliberation regarding real property:

The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property, particularly obtaining drainage easement for property located at 7025 Latham Drive.

Section 551.073: Deliberation regarding Prospective Gift or Donation

The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City.

Section 551.074: Deliberation regarding Personnel Matters

The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers, including the City Manager, City Secretary, City Attorney, Municipal Judge and non-advisory city boards and commission members. A complete list of the city boards and commissions and the membership of those boards and commissions is on file in the City Secretary’s Office.

Section 551.076: Deliberation regarding Security Devices

The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices.

Section 551.087: Deliberation regarding Economic Development Negotiations Section 418.183(f): Texas Disaster Act Section 418.106(d) & (e): Local Meetings to Discuss Emergency Management Plans regarding Pipeline Safety The City Council may discuss emergency management plans providing for disaster mitigation, preparedness, response and recovery in executive session when those plans contain sensitive information relating to critical infrastructure or facilities, and the safety or security of the infrastructures or facilities could be jeopardized by disclosure of the emergency management plan.

19. ADJOURNMENT

This facility is wheelchair accessible. If you plan to attend this meeting and you have a disability that requires special arrangements at the meeting, please notify the City 72 hours in advance of the meeting so that reasonable accommodations can be made. For sign interpretive services, please call also 72 hours in advance.