City of Richland Hills Seal

Richland Hills City Council

Regular Meeting Agenda, Tuesday, May 24, 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. APPROVE MEETING MINUTES -- Consider discussing and approving the Tuesday, May 10, 2011 Regular Meeting Minutes.

5/10/2011  Meeting Minutes of May 10, 2011 Regular Meeting.

5. CANVASS AND DECLARATION OF MAY 14, 2011, ELECTION RESULTS -- Consider discussing and approving canvassing and declaring the results of the May 14, 2011 General Election.

5/24/2011  Cumulative Election Results

6. RECOGNITION OF OUTGOING COUNCIL MEMBERS -- Consider recognizing outgoing Council Members Larry Marrs and Andy Baugh.

7. SEATING OF COUNCIL MEMBERS ELECTED MAY 14, 2011 -- Presentation of certificates of election to newly-elected Councilmembers and administering Oaths of Office.

8. ELECTION OF MAYOR PRO TEM -- Consider discussing and electing a Mayor Pro Tem.

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

5/24/2011  Board Roster

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

11. CONDUCT PUBLIC HEARING REGARDING REQUEST FOR SPECIAL USE PERMIT TO OPERATE FARMERS MARKET AT 6980 BAKER BOULEVARD -- Consider the following: A) Conduct public hearing regarding a request for a special use permit to operate a Farmers Market located at 6980 Baker Boulevard which is in the General Commercial Zoning District (C - 2) and B) Approve a special use permit to operate a Farmers Market located at 6980 Baker Boulevard which is in the General Commercial Zoning District (C - 2)

5/24/2011  Ordinance

5/17/2011  E-mail from the Director of Community Development and Planning to the City Manager

12. APPROVE RESOLUTION REGARDING CITY PARTICIPATION IN TARRANT COUNTY’S COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAM -- Consider discussing and approving resolution approving City of Richland Hills participation in Tarrant County’s Community Development Block Grant and HOME Program for the three program year period, Fiscal Year 2012 through Fiscal Year 2014.

4/29/2011  Letter with attached resolution from Ms. Patricia Ward, Director, Tarrant County Department of Community Devleopment to Mayor Ragan.

13. APPROVE FISCAL YEAR 2011-2012 BUDGET CALENDAR -- Consider discussing and approving the Fiscal Year 2011-2012 Budget Calendar.

5/24/2011  FY 2011-12 Budget Calendar Summary

14. APPROVE AD VALOREM ASSESSMENT AND COLLECTION AGREEMENT WITH TARRANT COUNTY -- Consideration of approving an agreement with the Tarrant County Tax Assessor-Collector to collect taxes due and owing on taxable property upon which the City has imposed said taxes.

4/8/2011  Interlocal agreement and April 8, 2011 letter from Ms. Betsy Price, Tax Assessor Collector to the City Manager.

15. APPROVE ORDINANCE APPROVING A NEGOTIATED RESOLUTION BETWEEN ONCOR STEERING COMMITTEE AND ONCOR ELECTRIC DELIVERY COMPANY LLC -- Consider discussion and approving an ordinance approving a negotiated resolution between the Steering Committee of Cities served by ONCOR Electric LLC regarding the company’s application to increase electric rates in all cities exercising original jurisdiction.

5/11/2011  E-mail from Mr. Tom Brocato, of the law firm of Lloyd Gosselink to Steering committee member cities.

5/11/2011  Documents

5/11/2011  Ordinance

16. 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  Proposal submitted by Halff and Associates

17. APPROVE CONTRACT AWARD TO EARTH BUILDERS TO CONSTRUCT BAKER BOULEVARD DENTENTION POND IMPROVEMENTS -- Consider discussing and approving contract award for the amount of $483,382 to Earth Builders to construct the Baker Boulevard detention pond located north of Baker Boulevard and east of Faith Creek Lane as part of the BFC-5 Capital Improvement Program.

5/16/2011  E-mail from the Director of Public Works to the City Manager.

5/16/2011  Bid tabulation

5/16/2011  Halff letter

18. HEAR PRESENTATION OF HALFF AND ASSOCIATES REGARDING IMPLEMENTATION OF DRAINAGE GIS MASTER PLAN -- Consider hearing and discussing Halff and Associates progress report regarding development and implementation of Drainage GIS Master Plan.

5/16/2011  E-mail with attachments from the Director of Public Works to the City Manager.

19. CONSIDER CREATING AN AD HOC COMMITTEE TO REVIEW PROPERTIES WHICH HAVE DELINQUENT TAXES -- Consider creating an ad hoc committee which purpose is to review properties which have delinquent taxes and determine if the City should consider acquiring such properties.

20. CONSIDER APPROVING AN ORDINANCE AMENDING CHAPTER 6 OF THE CITY CODE, ANIMAL CONTROL ORDINANCE, REGULATING THE NUMBER AND TYPES OF BIRDS THAT MAY BE KEPT IN THE CITY -- Consider discussing and approving an ordinance amending Chapter 6 of the City Code, the City’s Animal Control Ordinance, to regulate the number and types of birds that may be kept in the City.

5/19/2011  E-mail from the Chief of Police to the City Manager.

5/19/2011  Ordinance

21. APPROVE DEVELOPMENT AGREEMENT WITH E. L. BAKER, JR. LTD. AND RICHLAND INDUSTRIAL RAIL, INC. REGARDING SIGNAGE AND ACCESS TO PROPERTY OWNED OR TO BE ACQUIRED BY SUCH PARTIES LOCATED AT THE PROPOSED INTERSECTION OF BURNS STREET AND HANDLEY-EDERVILLE ROAD -- Consider discussing and approving a development agreement with E. L. Baker, Jr., Ltd., a Texas Limited Liability Company, and Richland Industrial Rail, Inc., a Texas Corporation, regarding signage and access to property owned or to be acquired by such parties located at the intersection of Burns Street and Handley Ederville Road, as such intersection is to be realigned.

22. CONSIDER AMENDING THE CITY``S SIGN REGULATIONS CONTAINED IN CHAPTER 62 OF THE CITY CODE TO FACILITATE DEVELOPMENT OF COMMERCIAL PROPERTY -- Consider amending the City``s current sign regulations contained in Chapter 62 of the City Code to facilitate development of commercial property.

23. CONSIDER AMENDING THE CITY``S PLATTING AND SUBDIVISION REGULATIONS CONTAINED IN CHAPTER 74 OF THE CITY CODE TO ALLOW OF CONDITIONAL APPROVAL OF PLATS ON PROPERTY WHICH HAS NOT YET BEEN ACQUIRED IN ORDER TO PROMOTE CERTAINLY AND PROMOTE DEVELOPMENT OF PROPERTY -- Consider amending the City``s current regulations regarding platting contained in Chapter 74 of the City Code to permit the approval of plats on property which the applicant has not yet acquired title, in order to promote certainty regarding development options and facilitate development of such property.

24. COUNCIL MEMBER ANNOUNCEMENTS/COMMENTS -- A) Mayor Pro Tem Davis to comment on Bicycle Rodeo which was conducted on Saturday, May 14, 2011 and B) Mayor Ragan to discuss orientation worksession for City Council Members regarding their duties and responsibilities under state law and the City Charter.

25. 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.

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

The City Council may deliberate information: (1) for purposes of preventing, investigating, or responding to an act of terrorism or related criminal activity and involving emergency response providers, their staffing, contact information and tactical plans; (2) that relates to the risk or vulnerability of persons or property, including infrastructure, to an act of terrorism; (3) that relates to the assembly of an explosive weapon, the location of a material that may be used in a chemical, biological or radioactive weapon, or unpublished information pertaining to vaccines or devices to detect biological agents or toxins; (4) that relates to details of the encryption codes or security keys for a public communication system;(5) that relates to a terrorism-related report to an agency of the United States; (6) that relates to technical details of particular vulnerabilities of critical infrastructure to an act of terrorism; (7) that relates to information regarding security measures or security systems intended to protect public and private property from an act of terrorism; or (8) any other topic subject to discussion in closed session pursuant to the Texas Disaster Act.

Section 418.106(d) & (e): Local Meetings to Discuss

Emergency Management Plans regarding Pipeline Safety

The City Cuncil 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

26. 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.