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04/05/2010-CC-Minutes-RegularMINUTES: CITY COUNCIL MEETING April 5, 2010 PRESENT: Mayor Higgs, Councilman Thomas Muir, Councilman Russell Martin, Councilman Rusty Patton, Councilman Glenn Ervin and Councilman Andy Garza OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary and Christopher Turner 1.Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Higgs called the meeting to order, Councilman Muir led the Invocation followed by Councilman Patton leading the Pledge of Allegiance. 2.Citizens Input: Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section. Danny Cockrell, 1002 Hunters Court, was recognized. He noted his concerns regarding limb pick up and how long it takes the City to come get them. He said he spoke with Joe Iliff and that Joe discussed street safety instead and felt Joe was rude. CONSENT AGENDA 3. a) Approval of Minutes: March 15, 2010 - Work Session March 15, 2010 - Council Meeting b) Disbursements c) Approval to Solicit Requests for Proposals on the Porter Sports Complex Construction and Keaton Road Extension Construction Manager at Risk Councilman Martin asked why we are proposing doing it this way versus turnkey. City Manager replied that there are two advantages of a Manager at Risk; they cannot exceed a set price, the City brings them on early and the City is allowed input in the design process. Motion was made by Councilman Ervin to approve the Consent Agenda. Motion was seconded by Councilman Martin. Motion carried unanimously. 4.Consider any Items Removed from Consent Agenda. REGULAR AGENDA 5.Consider Approval of Ordinance #04-07-10 – Declaring Unopposed Candidates for Mayor and Council Members Elected to Office; Requiring Issuance of a Certificate of Election to Each Candidate. City Manager advised that Certificates of Election will be issued at May 17th City Council Meeting. Motion made by Councilman Ervin to approve and was seconded by Councilman Martin. Motion carried unanimously. Caption as follows: ORDINANCE 04-07-10 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, DECLARING UNOPPOSED CANDIDATES FOR MAYOR AND COUNCIL MEMBERS ELECTED TO OFFICE; REQUIRING ISSUANCE OF A CERTIFICATE OF ELECTION TO EACH CANDIDATE; AND PROVIDING AN EFFECTIVE DATE. 6.Consider Approval of the 4A Economic Development Board's Actions Regarding the Lease of 103 Bolivar, Financing of Finish Out for the Building and Payment of Commission to Elk River Real Estate for Marketing and Brokering of the Lease. City Manager advised that this would be a six year lease with C & M Steel. They have 27 employees to start out with and will be leasing from the 4A Board. The 4A Board has opted to use funds in the bank and not take on any new debt. They will provide invoices and the City has final approval to all plans. The commission rate is 4% of the gross lease price. Motion was made by Councilman Patton to approve. Seconded by Councilman Muir. Voted for: Councilman Muir, Councilman Martin, Councilman Patton, Councilman Ervin. Voted against: Councilman Garza. 7.Consider Approval on Agreement With Emergicon, LLC, for EMS Billing Services and Authorize City Manager to Execute the Agreement. Christopher Turner with Emergicon gave a brief presentation and advised that this is a ninety day process to get started. A termination letter has been sent to Intermedix. Emergicon will go back eighteen months to review what Intermedix had done to possibly recover more. This will be a three year contract and the City can terminate at any time with 30 days notice. Krum and Lake Cities are also switching to Emergicon. The rate will be 8% of collections and 18% to recover what Intermedix didn't collect. Motion was made by Councilman Martin to approve. Seconded by Councilman Ervin. Motion carried unanimously. 8.Consider Approval to Solicit Requests for Qualifications for Audit Services for FY 2010/2011. City Manager advised that incorrect material was provided by the current auditors, they were non-communicative and didn't provide the final audit paperwork until the afternoon of the City Council Meeting. Motion was made by Councilman Patton to approve. Seconded by Councilman Ervin. Motion carried unanimously. 9.Consider Approval of Ordinance #04-08-10 - Regulating Oil and Gas Wells. City Manager reminded the Council that this was discussed in the last Work Session and the ordinance verbiage is now revised as the Council requested to include the Extra Territorial Jurisdiction (ETJ) and maintenance provisions. Councilman Andy Garza noted he did not want to see what happened to people in Wise County. Motion was made by Councilman Ervin to approve. Motion was seconded by Councilman Garza. Motion carried unanimously. Caption as Follows: ORDINANCE 04-08-10 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, REGULATING OIL AND GAS WELLS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10. Information Items: a) ATMOS Energy Statement of Rider GCR b) ATMOS Energy 2010 Rate Review Mechanism Filing c) Thank you Letter From Mayor of Spoleto, Italy 11. Adjournment. Mayor Higgs adjourned the meeting.