Tuesday, May 07, 2013

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Regular Meeting Agenda, Tuesday, May 07, 2013, 7:00 P.M.

City Hall, 3200 Diana Drive


WORK SESSION – 6:30 PM

1. Discussion of facilities and improvements to be financed with proceeds from the proposed Certificates of Obligation

2. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071, Sec. 551.072, Sec. 551.073, Sec. 551.074,Sec. 551.076, Sec. 551.087 and Sec. 418.0183 (f) and 418.106 (d) & (e) of the Texas Government Code (Texas Disaster Act). Refer to posted list attached hereto and incorporated herein. 

1. PRESENTATIONS

A. Proclamations – National Police Week

B. Presentations – None at this time.

C. Citizen Appearances/Public Comments. (Citizens who have signed a card to speak to the City Council will be heard at this time. In compliance with the Texas Open Meetings Act, unless the subject matter of the presentation is on the agenda, the city staff and City Council members are prevented from discussion of the subject and may respond only with statements of factual information or existing city policy. Public comment will not be taken on items that the Council has previously considered in a public hearing.)

5/7/2013 1A - National Police Week Proclamation

5/7/2013 1A(2) - Public Service Recognition Week Proclamation

2. CONSENT AGENDA

All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of the items Agenda, unless a Councilmember or citizen so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence. Approval of the consent agenda authorizes the City Manager to implement each item in accordance with staff recommendations.

A. Approval of April 16, 2013 Minutes.

4/16/2013 2A - April 16, 2013 minutes

3. PUBLIC HEARINGS AND OTHER RELATED ITEMS

A. No items for consideration.

4. ORDINANCES & RESOLUTIONS AND OTHER RELATED ITEMS

A. Resolution No. 414-13, Resolution Directing Publication of Notice of Intention To Issue Combination Tax and Waterworks and Sewer System Revenue Certificates of Obligation.

5/7/2013 4A - Resolution 414-13 Certificate for Resolution 414-13

5. CONTRACTS, AGREEMENTS, BID AWARDS AND OTHER RELATED ITEMS

A. Amendment to Economic Development Incentive Agreement with Buyers Barricades, Inc.

B. Amendment to Commercial Developer Agreement with CCR Grapevine Hwy L.L.C.

5/7/2013 5A - Buyers Barricade EDI Agreement approved September 13, 2011

5/7/2013 5B - Commercial Development Agreement between City and CCR Grapevine Highway LLC.

6. OTHER ITEMS FOR CONSIDERATION

A. Consider appointments to various boards, commissions and committees.

B. Consider Alan Plummer & Associates, Inc. (APAI) recommendation to prepare plans and specifications for the replacement of the switchgear at the Levee Pump Station.

C. Consider Recommendations from Special Events Committee Regarding July 4th Parade and Festival.

5/7/2013 6B - Alan Plummer Associates, Inc. Technical Memorandum

5/7/2013 6C - Memo

7. REPORTS & DISCUSSION ITEMS

A. 2012 Annual Crime Report.

B. Discussion of RedFlex Agreement.

C. Discussion of Possible Amendments to Richland Hills Home Rule Charter.

 

8. COMMUNITY INTEREST ITEMS

This is a standing item on the agenda of every regular meeting of the City Council. (The Texas Open Meetings Act effective September 1, 2009, provides that “a quorum of the city council may receive from municipal staff, and a member of the governing body may make, a report regarding items of community interest during a council meeting without having given notice of the subject of the report, provided no action is taken or discussed.” The Open Meetings Act does not allow Council to discuss an item concerning pending City Council business unless it is specifically, appropriately posted on the agenda.) An “item of community interest” includes the following:

• information regarding holiday schedules;
• honorary recognitions of city officials, employees, or other citizens;
• reminders about upcoming events sponsored by the city or other entity that is scheduled to be attended by a city official or city employee; and
• announcements involving imminent public health and safety threats to the city.

 

9. EXECUTIVE SESSION

A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071, Sec. 551.072, Sec. 551.073, Sec. 551.074, Sec. 551.076, Sec. 551.087 and Sec. 418.0183 (f) and 418.106 (d) & (e) of the Texas Government Code (Texas Disaster Act). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting.

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, 551.072, 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.

1. Michael Malone o/b/o Lisbeth Malone

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.

1. Property located at 3271 Matthews 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

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; particularly, discussion with economic development specialist regarding potential economic incentive agreement for development of real property.

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.

10. 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.

11. AGENDA ADDENDUM

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.

The following items are added to the Agenda:

1. PRESENTATIONS

1A. (2) Proclamations - National Public Service Week

 

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