Mayor Tony Marino

A G E N D A

CITY COUNCIL MEETING

LAKE DALLAS CITY HALL

212 MAIN STREET
June 11, 2009 - 6:00 PM

Notice is hereby given as required by Title 5, Chapter 551.041 of the Government Code that the City Council of the City of Lake Dallas will meet in a Regular Meeting on June 11, 2009 at 6:00 PM in the Council Chambers of Lake Dallas City Hall located at 212 Main Street.  The agenda follows:

 

A.   ROLL CALL

B.   INVOCATION
C.   PLEDGE OF ALLEGIANCE:

      1) United States Flag

      2) State of Texas Flag [Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.]

COUNCIL ORIENTATION (City Attorney)

PRESENTATION

    • Presentation of Certificate of Achievement to Charlotte Johnson

ANNOUNCEMENTS

G.  REPORTS

  • Economic Development Corporation
  • Community Development Corporation
  • Parks and Recreation Board
  • Keep Lake Dallas Beautiful Committee
  • Financial

H.  AGENDA BRIEFING

I.   VISITORS/CITIZENS AGENDA: In accordance with the Open Meetings Act, the City Council is prohibited from acting on or discussing (other than factual responses to specific questions) any items brought before them at this time.  Citizen’s comments will be limited to three (3) minutes.

J.  CONSENT AGENDA:

  • Consideration and Action on approval of Minutes for May 14, 2009 meeting (City Secretary)
  • Consideration and Action on approval of May Financials (City Manager)
  • Consideration and Action on approval of appointment of William Knox to the Library Board (City Manager)
  • Consideration and Action on approval of reappointment of Joni Vaughn as Alternate Magistrate (Chief of Police)

City Council Agenda

June 11, 2009

Page 2

 

K.  BUSINESS:

  1. Consideration and Action on adoption of Resolution authorizing the publication of notice of intent to issue certificates of obligation (City Manager)
  2. Consideration and Action to recommend to 4A and 4B that they require multiple bids from businesses requesting grants (Councilmember Connors)
  3. Reconsideration and Action on building an office for Municipal Court in the Lobby area (Mayor)
  4. Discussion about council attendance (Mayor)

L.  CITY MANAGER REPORT

  • City Projects
    • Update on DCTA Station for Lake Dallas

 

M.   BUDGET WORKSHOP

N.   NEW AGENDA ITEMS

O.   ADJOURNMENT

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Notice is hereby given as required by Title 5, Chapter 551.041 of the Government Code that the City Council of the City of Lake Dallas will meet in a Regular Meeting on May 14, 2009 at 7:30 PM in the Council Chambers of Lake Dallas City Hall located at 212 Main Street. The agenda follows.


A. ROLL CALL


B. INVOCATION


C. PLEDGE OF ALLEGIANCE:
1) United States Flag
2) State of Texas Flag


D. PROCLAMATION
Motorcycle Safety and Awareness Month
National Cleaning for a Reason Week
National Police Week


E. PRESENTATIONS
Census 2010


F. ANNOUNCEMENTS


G. REPORTS
1) Economic Development Corporation
2) Community Development Corporation
3) Parks and Recreation Board
4) Keep Lake Dallas Beautiful Committee
5) Financial


H. AGENDA BRIEFING


I. VISITORS/CITIZENS AGENDA: In accordance with the Open Meetings Act, the City Council is prohibited from acting on or discussing (other than factual responses to specific questions) any items brought before them at this time. Citizen’s comments will be limited to three (3) minutes.


J. CONSENT AGENDA:
1. Consideration and Action on approval of Minutes for April 9, 2009 meeting. (City Secretary)


2. Consideration and Action on approval of April Financials. (City Manager)


3. Consideration and Action on the sale of one used police cruiser. (Chief of Police)


4. Consideration and Action on appointment of Alternate Magistrate. (Chief of
Police)


5. Consideration and Action to approve the license to operate a carnival for May 14-17, 2009 and waive license fees for Thomas Carnival. (City Manager)


6. Consideration and Action to authorize the disposition of outdated electronic items. (City Manager)


7. Consideration and Action on approval of a Resolution affirming support of and partnership with the 2010 Census. (City Manager)


8. Consideration and Action on approval of a Resolution to adopt an Identity Theft Prevention Program. (City Manager)


9. Consideration and Action on approval of an Ordinance to amend Section 122-802, Allowed Signs Requiring Issuance of a Sign Permit, of Article XX, Signs, of Chapter 122, Zoning of the Lake Dallas Municipal Code. (City Manager and
Planning and Zoning Commission)


K. BUSINESS:
1. Consideration and Action on approval of an Ordinance for the Canvass of the Election held May 9, 2009. (City Secretary)


2. Oath of Office to Councilmembers Places 1, 3, and 5. (Mayor Marino)


3. Consideration and Action on appointment of Mayor Pro-Tem.


4. Consideration and Action on approval of a Resolution in support of the Honor and Remember Flag and urge the United States Congress to adopt this flag as a national symbol. (City Manager)


5. Consideration and Action on appointment of Glen Rodriguez to the Parks and Recreation Board. (City Manager)


6. Consideration and Action on appointment of Rhonda Dick as an alternate to the Board of Adjustments. (City Manager)


7. Consideration and Action on approval of application for residential storage
building exterior surface exemption. (City Manager and Planning and Zoning
Commission)


8. Discussion about alcohol at City Park on the 4th of July event. (City Manager)


L. CITY MANAGER REPORT
1. City Projects


M. NEW AGENDA ITEMS


N. ADJOURNMENT


I, Joni Vaughn, City Secretary, certify that this agenda was posted on the City of Lake Dallas bulletin board as required on May 8, 2009 by 5:00 p.m.


Executive Session:
As authorized by Section 551.071 of the Texas Government Code, this meeting may be convened into closed executive session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein.


This building is wheelchair accessible. Any requests for sign interpretive services must be made 48 hours ahead of meeting. To make arrangements, call 940-497-2226 or (TDD) 1-800-RELAY-TX (1-800-735-2989) to reach 940-497-2226.

                  

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CITY COUNCIL AGENDA ITEMS:   

Council Agenda Item # J - 1
May 14, 2009


May 5, 2009
MEMORANDUM
TO: Mayor and Members of City Council
THROUGH: Earl Berner, City Manager
FROM: City Secretary Joni Vaughn


SUBJECT: Minutes for April 9, 2009 meeting.
Issue: Approval of Minutes for the April 9, 2009 meeting.
Attachments: Minutes of the April 9, 2009 meeting.

City Council Agenda Item # J - 2

April Financials


Council Agenda Item # J - 3
May 14, 2009


May 5, 2009
MEMORANDUM
TO: Mayor and Members of The City Council
FROM: Nick Ristagno, Chief of Police
THROUGH: Earl Berner, City Manager


SUBJECT: Consideration and Action on the saleof one used police cruiser.
Issue: Whether to sell one 2003 Crown Victoria police cruiser
2FAFP71W43X167930.
Background: Older, replaced squad cars are routinely sold at auction with the approval of the City Council.
Fiscal Impact: Increase in general fund balance by whatever profit is generated from the sale.
Recommendation: Sell the vehicle.
Coordination: Police Chief, Support Services Police Lieutenant
Attachments: None


Council Agenda Item # J- 4
May 14, 2009


May 5, 2009
MEMORANDUM
TO: Mayor and Members of The City Council
FROM: Nick Ristagno, Chief of Police
THROUGH: Earl Berner, City Manager


SUBJECT: Appointment of Alternate Magistrate
Issue: Whether to appoint Mayor Marino as an Alternate Magistrate.
Background: The Mayors of all Texas cities are recognized magistrates and may carry out the duties as such by the authority imposed under the Texas Code of Criminal Procedure. Within Lake Dallas our Mayor, by virtue of his office, conducts arraignments whenever our City appointed magistrates are not available to do so. Mayor Marino would like to attend training for new judges held by the Texas Municipal Courts Education Center so he can better understand the duties and responsibilities of magistrates.
However, the Center does not accept applications from mayors of Home Rule Charter Cities. But if Mayor Marino is appointed by the City Council as an alternate magistrate the Center will accept the application.
Fiscal Impact: $100 for a 32 hour seminar.
Recommendation: Appoint Mayor Marino as an Alternate Magistrate.
Coordination: Police Chief
Attachments: Texas Municipal Courts Education Center training announcement.


Council Agenda Item # J - 5
May 14, 2009


May 5, 2009
MEMORANDUM
TO: Mayor and Members of City Council
THROUGH: Earl Berner, City Manager
FROM: Special Events Coordinator Shannon Fields


SUBJECT: Approve license to operate a carnival for May 14-17, 2009 and waive license fees for Thomas Carnival
Issue: Request of the Parks and Recreation Board to operate a carnival and
waive license fees for Thomas Carnival, Inc..
[See City of Lake Dallas Municipal Code Chapter 14, Sections 14-32, 14-51, 14-54. Council approval, 14-55. Fee, and Section 14-58. Permitted Operations]
Background: The Parks and Recreation Board has held a carnival in May for the past 5 years. We are currently under contract with the Thomas Carnival which has been in operation since 1928 and is still being operated by Thomas family members. Besides
bringing 13-16 rides and 15 games and food concessions to Lake Dallas, the Carnival also provides shaded rest areas with benches, covering for hoses and wires, signs and instructions regarding game and ride rules and operations, and easy access to staff members in case of a concern or problem. Thomas Carnival will also be providing the City advertising posters, media copy for ads, and vouchers for advance sale wrist bands.
Fiscal Impact: Thomas Carnival will pay the City of Lake Dallas 15% of the gross receipts of the rides after gross sales of $15,000 are reached. In addition, the carnival agrees to pay $25 per concession operated. Last year the Thomas Carnival grossed $22,563.97 paying the City of Lake Dallas $3,859.60. These funds are used to offset the expenses of the Lake Cities 4th of July Celebration.
Recommendation: Approval of the license to operate a carnival in May and waive license fees for Thomas Carnival, Inc.
Coordination: Parks and Recreation Board, City Manager and Special Events
Coordinator
Attachment: Contract Agreement for Thomas Carnival.


Council Agenda Item # J - 6
May 14, 2009


May 8, 2009
MEMORANDUM
TO: Mayor and Members of City Council
FROM: Earl Berner, City Manager


SUBJECT: Authorization for the disposition of outdated electronic items.
Issue: To decide whether or not to declare outdated electronic items surplus and allow them to be disposed of through recycling.
Background: Once again through the annual replacement of computers we have accumulated several out dated computers, keyboards, a typewriter and, a copier machine. These items are cluttering up the file storage area and there is no viable means to auction or sell these items as they are useless. Our plan is to take them to a recycler in Lewisville for whatever recycling value they may have, typically there is no financial recovery for this process.
Recommendation: Approve the request to dispose of these outdated items.


Council Agenda Item # J - 7
May 14, 2009


May 8, 2009
MEMORANDUM
TO: Mayor and Members of City Council
FROM: Earl Berner, City Manager


SUBJECT: Resolution affirming support or and partnership with the 2010
Census.
Issue: To decide whether or not to approve a Resolution to support and partner with the 2010 Census.
Background: Census workers have already been in Lake Dallas verifying addresses and getting their information ready for the actual census count. What they are looking for is a partnership with the City to help promote the census count and to consider offering a public space for people to come to fill out the forms and get questions asked and answered by Census workers. There will be minimal effort required by the City and if we can help make the census more accurate then its worth doing. Recommendation: Approve the Resolution.
Attachments: Copy of the Resolution.


Council Agenda Item # J - 8
May 14, 2009


May 8, 2009
MEMORANDUM
TO: Mayor and Members of City Council
FROM: Earl Berner, City Manager


SUBJECT: Approval of a Resolution to adopt an Identity Theft Prevention Program.
Issue: To decide whether or not to approve a Resolution to adopt an Identity Theft Prevention Program.
Background: The Federal government has enacted a new requirement for local governments to have an identity theft program in place. The City has had identity theft training and a policy in place for a couple of years—since we began taking payments with credit cards and debit cards. This new requirement is aimed more at seeking assurance that utility customers are good credit risks and then once you have the information on them how to keep it confidential and protected. This program also provides a means of doing background checks on employees especially those who will be handling money and credit cards. We would not need to institute this program but since we have undertaken the billing for waste collection and are taking payments by credit card we need to put this in place.
Recommendation: Approve the Resolution.
Attachments: Copy of the Resolution.


Council Agenda Item # J - 9
May 14, 2009


May 8, 2009
MEMORANDUM
TO: Mayor and Members of City Council
FROM: Earl Berner, City Manager


SUBJECT: Approval of an Ordinance to amend Article XX, Signs, of Chapter 122, Zoning, of the Lake Dallas Municipal Code.
Issue: To decide whether or not to approve an Ordinance change to Section 122-802 of the Zoning Ordinance.
Background: This is a housekeeping amendment to the Zoning Ordinance. This change
deals with the issuance of a sign permit for banner signs. The Ordinance now requires that a banner sign permit may be issued upon the approval of the City Council of a site plan and/or building permit. The way this reads it would appear that a banner sign needs some level of Council approval but that is not so. For instance if the building is already in place and the business wants to put up a Grand Opening sign or a special sales event sign they wouldn’t need Council approval of a building permit or site plan.
To eliminate the potential confusion or misreading of the Code this change, to eliminate the phrase concerning Council approval of the site plan or building plan is proposed.
Recommendation: The Planning Commission voted to recommend approval of the proposed change.
Attachments: Copy of the Proposed Ordinance.
Coordination: City Attorney, Community Development and Planning and Zoning Commission.


Council Agenda Item # K - 1
May 14, 2009


May 8, 2009
MEMORANDUM
TO: Mayor and Members of City Council
FROM: Joni Vaughn, City Secretary


SUBJECT: Approval of an Ordinance for the Canvass of the Election held May 9, 2009 Election.


Council Agenda Item # K - 3
May 14, 2009


May 8, 2009
MEMORANDUM
TO: Mayor and Members of City Council
FROM: Earl Berner, City Manager


SUBJECT: Consideration and Action on appointment of Mayor Pro-Tem.
Issue: To decide whom to appoint as Mayor Pro-Tem
Background: Now that the election is completed and the new terms are underway the Council needs to appoint a Mayor Pro-Tem for this term. Carol Ann Connors is the current Mayor Pro-Tem.


Council Agenda Item # K - 4
May 14, 2009


May 8, 2009
MEMORANDUM
TO: Mayor and Members of City Council
FROM: Earl Berner, City Manager


SUBJECT: Approval of a Resolution in support of the Honor and Remember Flag and urge the United States Congress to adopt this flag as a national symbol.
Issue: To decide whether or not to adopt a resolution supporting the Honor and Remember Flag and its adoption as a national symbol.
Background: At the April Council meeting the Council approved the displaying of the Flag on the City Flag Pole and it has been hung there since that meeting. It was requested by Bruce Martin and his request also included supporting this resolution.
Recommendation: Approve the Resolution.
Attachments: Copy of the Resolution.
Coordination: Honor and Remember, National Campaign of Remembrance


Council Agenda Item # K - 5
May 14, 2009


May 8, 2009
MEMORANDUM
TO: Mayor and Members of City Council
FROM: Earl Berner, City Manager


SUBJECT: Appointment of Glen Rodriguez to the Parks and Recreation Board.
Issue: To decide whether or not to appoint Glen Rodriguez to the Parks and Recreation Board.
Background: The Parks and Recreation Board is short at one member with the
resignation of Paula Arreguin at the last meeting. Mr. Rodriguez has submitted an application to serve on the Board and has been an active member of the Lake Cities Baseball Association.
Recommendation: Appoint Mr. Rodriguez to the Parks and Recreation Board.
Attachments: Copy of the application.


Council Agenda Item # K - 6
May 14, 2009


May 8, 2009
MEMORANDUM
TO: Mayor and Members of City Council
FROM: Earl Berner, City Manager


SUBJECT: Appointment of Rhonda Dick as an alternate to the Board of Adjustments.
Issue: To decide whether or not to appoint Rhonda Dick to the Board of Adjustments
Background: The Board of Adjustments doesn’t meet very often but their role is important and we need to have a full board including alternates to insure that a quorum can be achieved. Ms. Dick has a great resume and is very excited to get involved with City affairs.
Recommendation: Appoint Rhonda Dick as an alternate to the Board of Adjustments.
Attachments: Copy of the application and resume.


Council Agenda Item # K - 7
May 14, 2009
May 8, 2009


MEMORANDUM
TO: Mayor and Members of City Council
FROM: Earl Berner, City Manager


SUBJECT: Approval of an application for residential storage building exterior surface exemption for a metal building at 512 Howard Street.
Issue: To decide whether or not to approve an exemption to allow a metal storage building at 512 Howard Street.
Background: The Planning and Zoning Commission voted to recommend approval of this request. The property owner, Mr. Leonardi is proposing to build a 25 foot by 25 foot storage building at the rear of his property to house a boat and recreation vehicle. The proposed structure will be the same color (white) as an existing metal building on the property. In order to house the recreational vehicle the new structure will be close to 16 feet in height which is well under the height limitations for the Zoning District. Housing the boat and vehicle within the new structure is probably better visually for neighbors than having them just sitting out in the yard. The property is fenced and most of the building will not be visible from Howard Street due to its location and will not infringe on the neighbors to the rear.
Recommendation: Approve the exemption request.
Attachments: Copy of the application.
Coordination: Planning and Zoning Commission


Council Agenda Item # K - 8
May 14, 2009


May 8, 2009
MEMORANDUM
TO: Mayor and Members of City Council
FROM: Earl Berner, City Manager


SUBJECT: Discussion about alcohol at City Park on the 4th of July event.
Issue: To decide whether or not to allow alcohol at City Park for the 4th of July activities.
Background: The Parks and Recreation Board has discussed the possibility of having a vendor serve beer during the 4th of July events at City Park. They have contacted a vendor who would use their outdoor license and a supplier. The City Code prohibits the sale and consumption of alcoholic beverages in any of the parks, it would require a City waiver of the Ordinance for the specific time of the event in order for beer to be sold andconsumed.
Coordination: Parks and Recreation Board and Special Events.

 

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                       CITY COUNCIL REPORT:

The Lake Dallas City Council met in a regular meeting on April 9, 2009 in the Lake Dallas City Hall, 212 Main Street, with notice of the meeting given as required by Title 5, Chapter 551.041 of the Texas Government Code. Mayor Marino called the meeting to order at 7:34 pm.


A. ROLL CALL
Tony Marino Mayor
James Harper Councilmember 1
Carol Ann Connors Councilmember 2
Richard Martin Councilmember 5


Councilmember Brooks and Councilmember Fletcher were both out of town and unable to attend the meeting.


Staff Present: City Manager Earl Berner, Police Chief Nick Ristagno, Lt. Wes Frazier, and Acting City Secretary Joni Vaughn.


B. INVOCATION
Mayor Marino gave the invocation.


C. PLEDGE OF ALLEGIANCE:
Mayor Marino led the pledges of allegiance.


D. PROCLAMATION
Public Safety Telecommunicators Week [April 12-18]
Mayor Marino read the proclamation that was issued by Governor Rick Perry designating April 12 through 18, 2009 as Public Safety Telecommunicators Week.


E. ANNOUNCEMENTS
Kids ‘n Cops open house and cookout is April 25 from 11:00 am until 3:00 pm.
The reception for Beverly Weikum’s retirement is April 28 from 7:00 pm until 9:00 pm.
The Fun Run for the opening of the Lewisville Lake Toll Bridge is on August 1.


F. REPORTS
1) Economic Development Corporation
City Manager Earl Berner reported that the board approved an ad in the Dallas Business Guide. This guide has widespread circulation.


2) Parks and Recreation Board
Special Events Coordinator Shannon Fields had handouts of the report for the Mayor and Councilmembers. She gave her report on the Lake Dallas Mardi Gras Celebration that was help on February 24, 2009. She said that the weather was beautiful and that we had many new vendors as well as some new sponsors.
Shannon gave a report on the activities and events for the 4th of July celebration. City Manager Earl Berner said that we have received $778 so far from fireworks donations associated with the Waste Management billings.
Waterfest will be on September 12 and 13 this year at Willow Grove Park.


3) Financial
Acting City Secretary Joni Vaughn said that the $778 amount for fireworks donation was as of April 3. To date this week we have received over $1,000. The residents’ response shows how much they appreciate the show each year.
In March we received $73,810.70 with $36,905.34 going to the General Fund and the remainder divided between the Economic Development and Community Development Corporations. This month we received $68,825.31. On the sales tax comparison chart we keep it reflects that we are down a little over $20,000 from 2008 at this time. This isn’t bad considering the economy. Joni said that we have received 59% of our revenues so far this year. Usually the percentage is a little higher. We have not overspent on our expenses.
She said we are doing great in our Investment Account.
The Economic Development Corporation is building their account back up but they still need to repay an investment account either this month or next.
The Community Development Corporation funds are holding steady right now.


G. AGENDA BRIEFING
City Manager Earl Berner read the items to be considered under the Consent Agenda and the Business Agenda. He said that Item 4 under the Business Agenda has been pulled because it is not ready to be discussed yet.


H. VISITORS/CITIZENS AGENDA
Bruce Martin, 707 Shady Shores Road, said that there is a project going on across the United States. He brought and discussed the Honor and Remember Flag that is in remembrance of all fallen soldiers from the American Revolution to the present time. He said he had two things to ask of the City Council. One would be to fly the flag he brought to the Council meeting tonight on their flagpole and the second is to put a Resolution together in support of the 111th Congress first session H. R. 1034.


Glen Rodriguez, Lake Cities Baseball Association, presented Mayor Marino with a ball and jersey and invited the Mayor to a game on Friday evening.


I. CONSENT AGENDA:
1. Consideration and Action on approval of Minutes for March 12 and March 26, 2009 meetings.
2. Consideration and Action on approval of March Financials.
3. Consideration and Action on approval of the First Quarter 2009 Investment Accounts report.
4. Consideration and Action on approval of an Ordinance to set fees for residential & commercial replats performed by the City Manager or his designee.
5. Consideration and Action on approval of an Ordinance to bring the Lake Dallas Municipal Code into compliance with Denton County Final Plat requirements.
6. Consideration and Action on approval of a Resolution to name bank signatories at NorthStar Bank.
7. Consideration and Action on approval of a Resolution to name signatories and account representative for TexPool Investments.
8. Consideration and Action on approval of a Resolution to name signatories and account representative for TexStar investment accounts.
9. Consideration and Action on approval of a Resolution to name signatories and account representative for LOGIC investment accounts.
Motion to approve the Consent Agenda Items was made by Councilmember Connors.  Second by Councilmember Harper.
Ayes: Councilmembers Harper, Connors, and Martin
Noes: None
Motion Passed


J. BUSINESS:
1. Consideration and Action on approval of a bid to award the 2009 Street Rehabilitation project.
Tom Hoover gave a report on the process for the 2009 Street Rehabilitation project. The bids were opened April 1, 2009. Advanced Paving was the low bidder on the project with a price of $58,637.72. He said that they got good reports on their previous projects. Tom said that he recommends awarding the contract to Advanced Paving.
Motion to award the bid in the amount of $58,637.72 for the 2009 Street Rehabilitation project to Advanced Paving was made by Councilmember Connors. Second by
Councilmember Harper.
Ayes: Councilmembers Harper, Connors, and Martin
Noes: None
Motion Passed


2. Consideration and Action on approval of proposals (1) Swisher Road Streetscape Master Plan and (2) Swisher Road Overlay District zoning ordinance from Schrickel, Rollins and Associates, Inc.
Motion to approve the Swisher Road Streetscape Master Plan was made by Councilmember Harper. Second by Councilmember Martin.
Ayes: Councilmembers Harper, Connors, and Martin
Noes: None
Motion Passed


3. Consideration and Action to submit to the United States Department of Justice Office of Community Oriented Policing, under the Hiring Recovery Program, a grant application for two additional police officers.
Police Chief Nick Ristagno gave a report on this agenda item.
Motion to authorize the City Manager and the Chief of Police to submit a grant application for two officers to the United States Department of Justice – Office of Community Oriented Policing Hiring Recovery Program, and to authorize them to act on behalf of the City in matters related to this application and grant was made by Councilmember Harper. Second by Councilmember Martin.
Ayes: Councilmembers Harper, Connors, and Martin
Noes: None
Motion Passed


4. Discussion about alcohol at City Park on the 4th of July event.
This item was pulled from the Agenda because all the information was not yet available.


K. CITY MANAGER REPORT
City Projects – City Manager Earl Berner said the Lake Dallas Police Department’s Child ID event had a good turnout. He said they issued 100 ID’s.
He said the shelter is almost done since we are now down to the final two items on the punch list.
Mr. Berner said that we have two new squad cars with the new markings.
Mr. Berner said that the Public Works Department is cleaning up in the Willow Grove Park around the trail area at the end of Lakeland so we’ll be able to see the park area from there.
He said the Lake Lewisville Toll Bridge is about 85% completed. The ceremony is scheduled for August 1.
City Manager Earl Berner said that Main Street has been reopened.
Mr. Berner said that the next meeting we can present our mid-year financials and we should schedule our Budget Retreat and Strategy session for after that.
He said that Char DuPree attended a NCTCOG workshop on alternate fuels. There is a grant available so we are considering the replacement of the aging police vehicle that is currently being used as a code vehicle with a “green” car. The grant is available through NCTCOG. Char has sent a letter of intent.
City Manager Earl Berner asked if the City Council had any objections to flying the Honor and Remember flag. He said he would like to start flying it immediately.


L. NEW AGENDA ITEMS
There were no agenda items for the April 23 meeting so the meeting will be cancelled.
Mayor Marino mentioned paperwork to be completed for nomination to positions at NCTCOG. Resolution in support of H.R.1034 on the May 14 agenda.


M. ADJOURNMENT
Mayor Marino adjourned the meeting at 8:15 pm.


Tony Marino, Mayor


Joni Vaughn
Acting City Secretary

 

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                CITY COUNCIL MINUTES:

The Lake Dallas City Council met in a regular meeting on April 9, 2009 in the Lake Dallas City Hall, 212 Main Street, with notice of the meeting given as required by Title 5, Chapter 551.041 of the Texas Government Code. Mayor Marino called the meeting to order at 7:34 pm.


A. ROLL CALL
Tony Marino             Mayor
James Harper            Councilmember 1
Carol Ann Connors     Councilmember 2
Richard Martin           Councilmember 5


Councilmember Brooks and Councilmember Fletcher were both out of town and unable to attend the meeting.
Staff Present: City Manager Earl Berner, Police Chief Nick Ristagno, Lt. Wes Frazier, and Acting City Secretary Joni Vaughn.


B. INVOCATION
Mayor Marino gave the invocation.


C. PLEDGE OF ALLEGIANCE:
Mayor Marino led the pledges of allegiance.


D. PROCLAMATION
Public Safety Telecommunicators Week [April 12-18]
Mayor Marino read the proclamation that was issued by Governor Rick Perry designating April 12 through 18, 2009 as Public Safety Telecommunicators Week.


E. ANNOUNCEMENTS
Kids ‘n Cops open house and cookout is April 25 from 11:00 am until 3:00 pm.
The reception for Beverly Weikum’s retirement is April 28 from 7:00 pm until 9:00 pm.
The Fun Run for the opening of the Lewisville Lake Toll Bridge is on August 1.


F. REPORTS
1) Economic Development Corporation
City Manager Earl Berner reported that the board approved an ad in the Dallas Business Guide. This guide has widespread circulation.


2) Parks and Recreation Board
Special Events Coordinator Shannon Fields had handouts of the report for the Mayor and Councilmembers. She gave her report on the Lake Dallas Mardi Gras Celebration that was help on February 24, 2009. She said that the weather was beautiful and that we had many new vendors as well as some new sponsors.
Shannon gave a report on the activities and events for the 4th of July celebration. City Manager Earl Berner said that we have received $778 so far from fireworks donations associated with the Waste Management billings.
Waterfest will be on September 12 and 13 this year at Willow Grove Park.


3) Financial
Acting City Secretary Joni Vaughn said that the $778 amount for fireworks donation was as of April 3. To date this week we have received over $1,000. The residents’ response shows how much they appreciate the show each year.
In March we received $73,810.70 with $36,905.34 going to the General Fund and the remainder divided between the Economic Development and Community Development Corporations. This month we received $68,825.31. On the sales tax comparison chart we keep it reflects that we are down a little over $20,000 from 2008 at this time. This isn’t bad considering the economy. Joni said that we have received 59% of our revenues so far this year. Usually the percentage is a little higher. We have not overspent on our expenses.
She said we are doing great in our Investment Account.
The Economic Development Corporation is building their account back up but they still need to repay an investment account either this month or next.
The Community Development Corporation funds are holding steady right now.


G. AGENDA BRIEFING
City Manager Earl Berner read the items to be considered under the Consent Agenda and the Business Agenda. He said that Item 4 under the Business Agenda has been pulled because it is not ready to be discussed yet.


H. VISITORS/CITIZENS AGENDA
Bruce Martin, 707 Shady Shores Road, said that there is a project going on across the United States. He brought and discussed the Honor and Remember Flag that is in remembrance of all fallen soldiers from the American Revolution to the present time. He said he had two things to ask of the City Council. One would be to fly the flag he brought to the Council meeting tonight on their flagpole and the second is to put a Resolution together in support of the 111th Congress first session H. R. 1034.
Glen Rodriguez, Lake Cities Baseball Association, presented Mayor Marino with a ball and jersey and invited the Mayor to a game on Friday evening.


I. CONSENT AGENDA:
1. Consideration and Action on approval of Minutes for March 12 and March 26, 2009 meetings.


2. Consideration and Action on approval of March Financials.


3. Consideration and Action on approval of the First Quarter 2009 Investment Accounts report.


4. Consideration and Action on approval of an Ordinance to set fees for residential & commercial replats performed by the City Manager or his designee.


5. Consideration and Action on approval of an Ordinance to bring the Lake Dallas Municipal Code into compliance with Denton County Final Plat requirements.


6. Consideration and Action on approval of a Resolution to name bank signatories at NorthStar Bank.


7. Consideration and Action on approval of a Resolution to name signatories and account representative for TexPool Investments.


8. Consideration and Action on approval of a Resolution to name signatories and account representative for TexStar investment accounts.


9. Consideration and Action on approval of a Resolution to name signatories and account representative for LOGIC investment accounts.
Motion to approve the Consent Agenda Items was made by Councilmember Connors.  Second by Councilmember Harper.
Ayes: Councilmembers Harper, Connors, and Martin
Noes: None
Motion Passed


J. BUSINESS:
1. Consideration and Action on approval of a bid to award the 2009 Street Rehabilitation project.
Tom Hoover gave a report on the process for the 2009 Street Rehabilitation project. The bids were opened April 1, 2009. Advanced Paving was the low bidder on the project with a price of $58,637.72. He said that they got good reports on their previous projects. Tom said that he recommends awarding the contract to Advanced Paving.
Motion to award the bid in the amount of $58,637.72 for the 2009 Street Rehabilitation project to Advanced Paving was made by Councilmember Connors. Second by Councilmember Harper.
Ayes: Councilmembers Harper, Connors, and Martin
Noes: None
Motion Passed


2. Consideration and Action on approval of proposals (1) Swisher Road Streetscape Master Plan and (2) Swisher Road Overlay District zoning ordinance from Schrickel, Rollins and Associates, Inc.
Motion to approve the Swisher Road Streetscape Master Plan was made by Councilmember Harper. Second by Councilmember Martin.
Ayes: Councilmembers Harper, Connors, and Martin
Noes: None
Motion Passed


3. Consideration and Action to submit to the United States Department of Justice Office of Community Oriented Policing, under the Hiring Recovery Program, a grant application for two additional police officers.
Police Chief Nick Ristagno gave a report on this agenda item.
Motion to authorize the City Manager and the Chief of Police to submit a grant application for two officers to the United States Department of Justice – Office of Community Oriented Policing Hiring Recovery Program, and to authorize them to act on behalf of the City in matters related to this application and grant was made by Councilmember Harper. Second by Councilmember Martin.
Ayes: Councilmembers Harper, Connors, and Martin
Noes: None
Motion Passed


4. Discussion about alcohol at City Park on the 4th of July event.
This item was pulled from the Agenda because all the information was not yet available.


K. CITY MANAGER REPORT
City Projects – City Manager Earl Berner said the Lake Dallas Police Department’s Child ID event had a good turnout. He said they issued 100 ID’s.
He said the shelter is almost done since we are now down to the final two items on the punch list.
Mr. Berner said that we have two new squad cars with the new markings.
Mr. Berner said that the Public Works Department is cleaning up in the Willow Grove Park around the trail area at the end of Lakeland so we’ll be able to see the park area from there.
He said the Lake Lewisville Toll Bridge is about 85% completed. The ceremony is scheduled for August 1.
City Manager Earl Berner said that Main Street has been reopened.
Mr. Berner said that the next meeting we can present our mid-year financials and we should schedule our Budget Retreat and Strategy session for after that.
He said that Char DuPree attended a NCTCOG workshop on alternate fuels. There is a grant available so we are considering the replacement of the aging police vehicle that is currently being used as a code vehicle with a “green” car. The grant is available through NCTCOG. Char has sent a letter of intent.
City Manager Earl Berner asked if the City Council had any objections to flying the Honor and Remember flag. He said he would like to start flying it immediately.


L. NEW AGENDA ITEMS
There were no agenda items for the April 23 meeting so the meeting will be cancelled.
Mayor Marino mentioned paperwork to be completed for nomination to positions at
NCTCOG.
Resolution in support of H.R.1034 on the May 14 agenda.


M. ADJOURNMENT
Mayor Marino adjourned the meeting at 8:15 pm.


Tony Marino, Mayor


Joni Vaughn
City Secretary



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