City of Richland Hills Seal

Richland Hills City Council

Regular Meeting Agenda, Tuesday, August 09, 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.

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

1. CALL TO ORDER

2. INVOCATION AND PLEDGES OF ALLEGIANCE

3. PUBLIC INPUT OR PUBLIC COMMENTS -- Public.

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

5. CONDUCT PUBLIC HEARING REGARDING FISCAL YEAR 2011-12 CRIME CONTROL AND PREVENTION DISTRICT BUDGET – Consider discussing the following:

A) Conducting a public hearing regarding approving of the Fiscal Year 2011-12 Crime Control and Prevention District Budget as recommended by the Board of Directors and

B) Approving the Fiscal Year 2011-12 Crime Control and Prevention District Budget as recommended by the Board of Directors.

8/9/2011  FY 2011-12 CCPD Budget Expense

8/3/2011  FY 2011-12 CCPD Budget Revenue

6. DISCUSS FISCAL YEAR 2011-12 PROPOSED TAX RATE AND SCHEDULE PUBLIC HEARINGS -- Consider discussing Fiscal Year 2011-12 proposed tax rate, taking a record vote if the proposed tax rate will raise more revenue than preceding year’s revenue, and scheduling public hearings.

8/9/2011  Effective Tax Rate Worksheet

7. APPROVE REQUEST TO CONSTRUCT AND OPERATE AN ELECTRONIC MESSAGE CENTER LOCATED AT 3100 HANDLEY EDERVILLE ROAD -- Consider discussing and approving a request to construct and operate an electronic message center on a 1.1-acre property which is zoned Light Industrial (I-1) and located at 3100-C Handley Ederville Rd (Lot 1A, Block A, Midway Place Addition).

8/1/2011  E-mail from the Director of Planning and Community Development to the City Manager.

8/1/2011  Memo from the Director of Planning and Community Development to the City Manager.

8. APPROVE EMPLOYEE HEALTH PLAN FOR FISCAL YEAR 2011-12 -- Consider discussing and approving health plan, accidental death and disability and long-term disability insurance for Fiscal Year 2011-12.

8/9/2011  Health Insurance Quotes

8/9/2011  LTD Quotes

9. APPROVE A HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT WITH THE CITY OF FORT WORTH -- Consider approving an agreement with the City of Fort Worth Environmental Collection Center for the collection of household hazardous waste.

7/29/2011  E-mail from Director of Public Works to the City Manager.

7/29/2011  2012 ECC Interlocal Agreement Documents from Director of Public Works to the City Manager.

10. APPROVE AWARD OF CONTRACT FOR DEMOLITION OF STRUCTURE AT 7064 DOVER LANE -- Consider discussing and approving an award of contract for Base Bid ($21,855), Alternate 1 ($5,800) and Alternate 2 ($6,509) to Garrett Demolition to demolish and dispose of a structure at 7064 Dover Lane, remove and dispose of live and dead trees and install wood and chain link fencing. This item was tabled at Council’s Tuesday, July 26, 2011 Regular City Council Meeting.

7/27/2011  E-mail from the Director of Public Works to the City Manager.

8/9/2011  Bid tabulation

7/27/2011  Proposal

11. APPROVE LANDSCAPE MAINTENANCE AGREEMENT WITH TXDOT REGARDING IMPROVEMENTS AT SH 183 AND SH 26 -- Consider discussing and approving a landscape maintenance agreement with the Texas Department of Transportation regarding landscape improvement which will be constructed at State Highway 183 and State Highway 26 funded by 2007 Governor’s Community Achievement Award grant.

7/27/2011  E-mail from the Director of Public Works to the City Manager.

7/27/2011  Proposed Plans

7/27/2011  Agreement

7/27/2011  Attachment

12. APPROVE ORDINANCE APPROVING A NEGOTIATED RESOLUTION REGARDING ATMOS FOURTH ANNUAL RATE REVIEW MECHANISM - Consider discussing and approving an ordinance of the city council of the city of Richland Hills, Texas, (“city”) approving a Negotiated Resolution between the atmos cities steering committee (“ACSC” or “Steering Committee”) and ATMOS ENERGY CORP., MID-TEX DIVISION (“atmos MID-TEX” or “company”) regarding the company’s FOURTH ANNUAL rate review mechanism (“RRM”) filing

7/25/2011  E-mail from Mr. Geoffry Gay of Lloyd Gosselink to all member cities.

7/25/2011  Letter

7/25/2011  Ordinance

7/25/2011  Report

13. CONSIDER APPROVING FUNDING OF CAPITAL EQUIPMENT PURCHASES IN FISCAL YEAR 2010-11 -- Consider discussing and approving the purchase of a fire station door and fire department hydraulic rescue tool in FY 2010-11 utilizing proceeds from the 2011 PPFCO Issue. This item was placed on the agenda by Council Member Lopez.

14. CONSIDER AMENDING ORDINANCE NO. 1204-11 REGARDING MEMBERSHIP APPOINTMENTS -- Consider discussing and approving amending Animal Shelter Advisory Board Ordinance No. 1204-11 regarding membership appointments. This item was placed on the agenda by Mayor Ragan.

15. CONSIDER CEASING FUTURE FUNDING OF LEGAL EXPENSES FOR FORMER COUNCIL MEMBER MARRS -- Consider and discuss ceasing future funding of legal expenses for former Council Member Marrs. This item was tabled at Council’s Tuesday, July 26, 2011 Regular City Council Meeting.

16. CONSIDER APPROVAL OF AN ENCROACHMENT AGREEMENT WITH E. L. BAKER, JR. LTD. PERMITTING USE BY THE PROPERTY OWNER OF CITY RIGHT OF WAY FOR PARKING PURPOSES AT PROPERTY LOCATED AT 7224 BURNS STREET -- Consider discussing and approving a proposed agreement with E. L. Baker, Jr., Ltd. allowing the property owner to encroach onto City right-of-way for purposes of constructing and maintaining parking on the property described as Lots 43 and 44, Richland Industrial Park, located at 7224 Burns Street.

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

18. CONSENT AGENDA -- A) Approval of Tuesday, July 26, 2011 Regular Meeting Minutes.

19. PUBLIC INPUT OR PUBLIC COMMENTS -- Public.

20. 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

21. 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.