City of Richland Hills Seal

Richland Hills City Council

Regular Meeting Agenda, Tuesday, June 28, 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.

6:00 P.M. -- Council Worksession Regarding Properties With Delinquent Taxes.

6:30 P.M. -- Pre-Council

1. CALL TO ORDER

2. INVOCATION AND PLEDGES OF ALLEGIANCE

3. PUBLIC INPUT OR PUBLIC COMMENTS -- Public.

4. PRESENTATIONS/RECOGNITIONS/PROCLAMATIONS -- Consider the following: A) Mayor Ragan to present five-year service award to Police Officer Lorenzo Cedillo, Jr.

6/28/2011  Biography of Police Officer Lorenzo Cedillo

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

6. 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.

7. CONSIDER DRAFTING A POLICY INCREASING PROJECT VALUE LIMIT BEFORE REQUIRING ARCHITECTURAL AND ENGINEERING SERVICES -- Consider discussing and approving drafting of policy which would increase the monetary value limit of a project before requiring architectural and engineering services.

8. APPROVE AN ORDINANCE ESTABLISHING CITY CHARTER REVIEW COMMITTEE -- Consider discussing and approving an ordinance establishing a City Charter Review Committee which will be comprised of appointees from each council place and an appointee from the Mayor to serve as chairman of the committee. The chairman would only vote in case of a tie.

6/28/2011  Ordinance as prepared by the City Attorney

9. APPROVE ORDINANCE ESTABLISHING PUBLIC TRANSPORTATION ADVISORY BOARD -- Consider discussing and approving an ordinance establishing a Public Transportation Advisory Board.

6/28/2011  Ordinance

10. APPROVE AN ORDINANCE AMENDING ANIMAL SHELTER ADVISORY BOARD ORDINANCE INCREASING MEMBERSHIP FROM TEN TO FOURTEEN MEMBERS -- Consider discussing and approving an ordinance amending the Animal Shelter Advisory Board Ordinance increasing the membership from ten (10) members to fourteen (14) members. This item was placed on the agenda by Mayor Ragan.

11. DISCUSS AND CONSIDER ADOPTING AN ORDINANCE REVOKING THE CITY’S PREVIOUSLY ADOPTED POLICY ON SPONSORSHIP, GIFTS, DONATIONS AND ADVOCACY -- Discuss and consider adoption of an ordinance deleting Section 2-130 of Article IV of Chapter 2 of the Richland Hills City Code to delete the previously adopted “Policy on Sponsorship, Gifts, Donations and Advocacy.”

6/28/2011  Ordinance as prepared by the City Attorney

12. DISCUSS AND CONSIDER REQUIRING ADVISORY BOARDS TO FOLLOW ADOPTED COUNCIL POLICY REGARDING SUBMISSION OF AGENDA ITEMS AND MINUTES -- Consider discussing and approving requirement of advisory boards, commissions and committees to follow Council adopted policy of submitting complete items, including minutes, for Council consideration by the Wednesday prior to the City Council meeting date. This item was placed on the agenda by Mayor Ragan.

13. APPROVE FISCAL YEAR 2011-12 CRIME CONTROL AND PREVENTION DISTRICT BUDGET -- The Crime Control and Prevention District Board of Directors will consider discussing and approving the Fiscal Year 2011-12 Crime Control and Prevention District Budget.

6/28/2011  CCPD Budget

14. CONSIDER DISCUSSING AND REVIEWING BIDS RECEIVED FOR THE REPLACEMENT OF THE EXTERIOR WALLS OF THE LIBRARY – Consider discussing and reviewing bids received for the replacement of the exterior walls of the Library which Council approved as a capital project as part of the FY 2010-11 Budget.

6/14/2011  E-mail from the Director of Public Works to the City Manager

6/14/2011  Hutcherson proposal

6/14/2011  Durant proposal

15. SCHEDULE HEARING REGARDING FY 2010-11 PROPOSED BUDGET AMENDMENT – Consider discussing and approving the scheduling of a public hearing for 7:00 P.M., Tuesday, July 14, 2011 regarding a proposed amendment to the FY 2010-11 Budget to support a contract totaling $132,366 to replace the exterior walls of the Library.

16. CONSIDER SUSPENDING DRINKING FOUNTAIN BUILDING AND PLUMBING CODE REQUIREMENT FOR COMMERCIAL PROPERTIES -- Consider discussing and approving suspension of drinking fountain building and plumbing code requirement for commercial properties with an occupancy capacity of fifty-one (51) people or less.

6/21/2011  Memorandum from Economic Specialist to the City Manager.

17. CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING INSTITUTION OF AN EMINENT DOMAIN ACTION BY THE FORT WORTH TRANSPORTATION AUTHORITY AGAINST RICHLAND INDUSTRIAL RAIL, INC. -- Discuss and consider action on a proposed resolution under Texas Transportation Code section 452.059 approving the institution of an eminent domain action by the Fort Worth Transportation Authority to acquire property described as approximately 0.045 acres of land located near the intersection of Burns Street and Handley Ederville Road owned by Richland Industrial Rail, Inc., for increased parking, passenger safety and traffic flow at Handley Ederville Road, specifically, the realignment of Burns Street, such action to be brought against Richland Industrial Rail, Inc. and any other owners of such property, and determining that the acquisition of the property at issue is a public necessity and that the property interest is necessary for public use.

18. CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING INSTITUTION OF AN EMINENT DOMAIN ACTION BY THE FORT WORTH TRANSPORTATION AUTHORITY AGAINST E. L. BAKER, JR., LIMITED -- Discuss and consider action on a proposed resolution under Texas Transportation Code section 452.059 approving the institution of an eminent domain action by the Fort Worth Transportation Authority to acquire property consisting of multiple lots consisting of approximately 1.81 acres of land located at and near the intersection of Burns Street and Handley Ederville Road, more particularly described as all or portions of lots 26 through 31 and Lot 43, Richland Industrial Park, for increased parking, passenger safety and traffic flow at Handley Ederville Road, specifically, the realignment of Burns Street, such action to be brought against E. L. Baker, Jr., Limited and any other owners of such property, and determining that the acquisition of the property at issue is a public necessity and that the property interest is necessary for public use.

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

20. CONSENT AGENDA -- A) Approval of Tuesday, June 14, 2011 Regular Meeting Minutes and Thursday, June 16, 2011 and Thursday, June 23, 2011 Special Meeting Minutes.

6/14/2011  Tuesday, June 14. 2011 Regular Meeting Minutes

6/16/2011  June 16, Special Meeting Minutes

6/23/2011  Thursday, June 23, 2011 Special Meeting Minutes

21. PUBLIC INPUT OR PUBLIC COMMENTS -- Public.

22. 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.

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

The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay or expand in or near the city and which the City is conducting economic development negotiations or to deliberate the offer of a financial or other incentive to a business prospect.

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 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

23. 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.