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HomeMy WebLinkAboutCCpkt2010-10-26CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP October 26, 2010 6:30 p.m. -Anna City Hall Administration Building The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m., October 26, 2010, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), regarding the following items. 1 . Call to Order 2. Roll Call and Establishment of Quorum. 3. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); Powell v. City of Anna, Cause No. 401-03815-2009 in the 401 st District Court of Collin County, Texas; Texas Star Bank v. City of Anna, Cause No. 380-04163­ 3801112009 in the District Court of Collin County, Texas; Discussion regarding P & Z meeting procedures. b. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City Council has received from a business prospect that the City Council seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City Council is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); Discussion regarding the Mantua Development. c. Personnel: City Manager Annual Evaluation. (Government Code, Section 551.074). 1. The Council may vote and/or act upon each of1he items listed in 1his agenda. 2. The Council reserves the right to retire into executive session concerning any ofthe items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act 3. Persons with a disability who want to attend this meeting who may need assistance should contact the. City Secretary at 972 924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 10-26-10 CC Regular Meeting Agenda.doc Posted 10-22-10 The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 4. Discussion regarding any item on the City Council's October 26, 2010 Regular Meeting Agenda Notice, which was posted at the same date, time and place of this Workshop Agenda Notice. 5. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m., October 22,2010. L The Council may vote and/or act upon each ofthe items listed in this agenda. 2. The Council reserves the right to retire into executive session conceming any ofthe items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act 3. Persons with a disability who want to attend this meeting who may need assistance shouJd contact the City Secretary at 972 924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 10-26-10 CC Regular Meeting Agenda.doc 2 Posted 10-22-10 CITY OF ANNA AGENDA NOTICE -CITY COUNCIL REGULAR MEETING October 26,2010 7:30 p.m. -Anna City Hall Administration Building The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., October 26, 2010, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign-In-Sheet as a record of attendance. If you wish to speak on an open-session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. I. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any ofthe items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 10-2~10 CC Regular Meeting Agenda.doc 3 Posted 10-22-10 5. Consent Items. These items consist of non-controversial or "housekeepingl1 items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Special minutes for October 12, 2010. b. Review Park Board minutes for September 27,2010. c. Approve Resolution amending an Agreement for Special Event Relating to 2010 Fall Glow Fest Permit. (Jessica Perkins) d. Adopt and Ordinance approving the 2010 Tax Roll for the City of Anna. 0Nayne Cummings) e. Approve Resolution for Agreement for Special Event Permit between the City of Anna and Crystal Carle for a 5K Run Fund Raiser. (Maurice Schwanke) f. Approve Ordinance authorizing City Attorney to select additional attorneys to assist in representing the City in legal matters. (Clark McCoy) 6. (a) Public Hearing To consider public comment regarding an ordinance of the City of Anna, Texas, amending the Anna City Code of Ordinances, by amending Part III-C Zoning Ordinance, Definition of a Retail Ice and Water Sale Facility and Sections 22.04, 24.04, 26.03 and Appendix 2, Table 5; Section 32; Regarding where a Retail Ice and Water Sale Facility can be established; providing for savings, repealing and severability clauses; providing for an effective date; providing for a penalty clause not exceed $2,000 or the highest penalty amount allowed by law, whichever is less; and providing for publication and caption hereof. (Maurice Schwanke) (b) ConsiderlDiscusslAction adopting an ordinance of the City of Anna, Texas, amending the Anna City Code of Ordinances, by amending Part III-C Zoning Ordinance, Definition of a Retail Ice and Water Sale Facility and Sections 22.04, 24.04, 26.03 and Appendix 2, Table 5; Section 32; Regarding where a Retail Ice and Water Sale Facility can be established; providing for savings, repealing and severability clauses; providing for an effective date; providing for a penalty clause not exceed $2,000 or the highest penalty amount allowed by law, whichever is less; and providing for publication and caption hereof. (Maurice Schwanke) 7. (a) Public Hearing To consider public comment on a request by Jim Williams, representing Savoy Anna 16 LP, owner of property, for a SpeCific Use Permit to allow for office/warehouse uses on the tract that is currently zoned as General Commercial (C2) and is located west of South Central Expressway (Hwy 75) and south of west White Street. (Maurice Schwanke) 1. The Council may vote and/or act upon each ofthe items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any ofthe items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 10-26-10 CC Regular Meeting Agenda.doc 4 Posted 10-22-10 (b) Consider/DiscusS/Action adopting an Ordinance regarding a Specific Use Permit to allow for office/warehouse uses on the tract that is currently zoned as General Commercial (C2) and is located west of South Central Expressway (HWY 75) and south of West White Street. (Maurice Schwanke) 8. Consider/Discuss/Action approving the site and landscape plan on Lot 3 of the "455n5/Business Addition". (Maurice Schwanke) 9. Consider/Discuss/Action approving the replat of Lot 2R & 3, Block A of 455n5 Business Addition. (Maurice Schwanke) 10. Consider/Discuss/Action approving a resolution approving a contract and authorizing execution of same for Proposal No. 11-02 PW, Municipal Facilities: Construction Materials for Interior Facilities Construction/Alteration. (James Parkman) 11. Consider/Discuss/Action approving a resolution approving a contract and authorizing execution of same for RF.P. No. 11-01 PW, Municipal Facilities Interior Framing Construction/Alteration Project. (James Parkman) 12. Consider/Discuss/Action adopting an Ordinance regarding prevailing wage. (Philip Sanders) 13. Consider/Discuss/Action approving a Resolution regarding accepting the donation of a vehicle. (Danny Newton) 14. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attomey to the govemmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); Powell v. City of Anna, Cause No. 401-03815-2009 in the 401 81 District Court of Collin County, Texas; Texas Star Bank v. City of Anna, Cause No. 380-04163-2009 in the 380th District Court of Collin County, Texas; Discussion regarding P & Z meeting procedures. b. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City Council has received from a business prospect that the City Council seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City Council is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect 1. 1be Cotmcil may vote and/or act upon each of the items listed in this agenda. 2. 1be Cotmci1 reserves the right to retire into executive session concerning any ofthe items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 10-26-10 CC Regular Meeting Agenda.doc 5 Posted 10-22-10 described by subdivision (1). (Tex. Gov't Code §551.087); Discussion regarding the Mantua Development. c. Personnel: City Manager Annual Evaluation. (Government Code, Section 551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 15. Consider/Discuss/Action on any items listed on posted agenda for October 26, 2010 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 16. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m., October 22,2010. 1. The Council may vote and/or act upon each ofthe items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any ofthe items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924­ 3325 two working days prior to the meeting so that appropriate arrangements can be made. 10-26-10 CC Regular Meeting Agenda.doc 6 Posted 10-22-10 Item No. S (d-.r2 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: October 26, 2010 Staff Contact: Philip Sanders Account Code #:_~N;..!.!/..!..A~_____ Date Prepared: 10/21110 Budgeted Amount: ___-'N:;..:;I:.,:.A"'--___ Exhibits: 0 Yes DNo AGENDA SUBJECT: Consent Items. These items consist ofnon-controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Special minutes for October 12,2010. b. Review Park Board minutes for September 27,2010. c. Approve Resolution amending an Agreement for Special Event Relating to 2010 Fall Glow Fest Permit. (Jessica Perkins) d. Adopt and Ordinance approving the 2010 Tax Roll for the City of Anna. (Wayne Cummings) e. Approve Resolution for Agreement for Special Event Permit between the City of Anna and Crystal Carle for a 5K Run Fund Raiser. (Maurice Schwanke) f. Approve Ordinance authorizing City Attorney to select additional attorneys to assist in representing the City in legal matters. (Clark McCoy) SUMMARY: RECOMMENDATION: Staff recommends approval of the consent items. ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: October 26, 2010 Staff Contact: Philip Sanders Account Code Budgeted Amount: ____---­Exhibits: D Yes DNo AGENDA SUBJECT: Approve a Resolution amending an Agreement for a Special Event Relating to 2010 Fall Glow Fest Permit. SUMMARY: On October 12, 2010, the City Council approved a Special Event Permit and Agreement for the 201 0 Glow Fest sponsored by the Greater Anna Chamber of Commerce. The GACC has requested that Special Event Permit be amended to include carnival rides, pony rides, and exotic animal displays. The City's Parks Advisory Board has reviewed the amended permit and is recommending its approval by the City Council RECOMMENDATION: Staff recommends approval ofthe attached Resolution. Item No. S-d. City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: October 26, 2010 Staff Contact: Wayne Cummings Account Code #:,_----"-N=I......,A'---_____ Date Prepared: October 20, 201 0 Budgeted Amount: NI A Exhibits: iii Yes 0 No AGENDA SUBJECT: Adopt and Ordinance approving the 2010 Tax Roll for the City of Anna SUMMARY: In accordance with the Texas Property Tax Code, Section 26.09 as a formality the City must approve its 2010 Tax Roll. RECOMMENDED ACTION: Staff Recommends approval of the 2010 Tax Roll. Item No...S:. City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: October 26, 2010 Staff Contact: Maurice. Schwanke Account Code Date Prepared: 10-22-10 Budgeted Amount:___......;N~/A~___ Exhibits: • Yes DNo AGENDA SUBJECT: Resolution for agreement for Special Event Permit relating to a 5K Run Fund Raiser. This fund raising event is to help support a mission work in Cambodia. We have asked Crystal Carle, the organizer, to sign an agreement for the special event that includes the remittance of fees and the obtaining insurance to cover any claims for injuries to persons or damages to property, which may arise from or in conjunction with the Event. PARK BOARD ACTION: The Park Board recommended approval of the proposed special event at their meeting October 18,2010. RECOMMENDED ACTION: Approval of event and Resolution of Agreement subject to obtaining appropriate insurances and remittance of fees. ItemNo·fL City Secretary's use only City of Anna Staff Agenda Report Council Meeting: 10/26/2010 Staff Contact: Clark McCoy, City Attorney Prepared by: Clark McCoy, City Attorney Account Code #:_----:N..:.:/.::..A"--_____ Date Prepared: __~I"_"O"_'/2=2::.:...:/2=O:;..::.I_=O_ Budgeted Amount:..:f$:.........:N...!!./.:...!A~_____ Exhibits: .Yes DNo AGENDA SUBJECT: ConsiderlDiscuss/Action approving an Ordinance authorizing City Attorney to select additional attorneys to assist in representing the City in legal matters SUMMARY: In accordance with the City's Home-Rule Charter ("Charter"), Section 4.04(e), the City Council may approve and authorize the City Attorney's selection of one or more additional attorneys to assist in representing the City in any matter. The City sometimes retains attorneys outside the office of the City Attorney on an as-needed basis for certain legal matters. As is common practice in the area of municipal law, the City relies on the services of attorneys in specialized areas such as municipal bond issuance and utility administrative law, including representation of the City in Austin before state administrative tribunals and agencies such as the Texas Commission on Environmental Quality. Further, unexpected circumstances may arise when the City will need to act quickly to retain additional legal services. The ordinance is also aimed to satisfy Rule 12 ofthe Texas Rules of Civil Procedure, which requires that the City be able to demonstrate the authority of attorneys that may be providing representation. The ordinance, along with the City Attorney's testimony regarding authority, should serve as adequate evidence of such authority in the event of a challenge based on Rule 12. The ordinance is narrowly constructed and includes important restrictions. First, the ordinance tracks the restriction of Section 4.04( e) prohibiting the City Attorney from receiving a referral fee or other remuneration solely for referring any part of the City's legal work to an attorney outside the offices of the City Attorney. This is to remove any fmancial incentive that a City Attorney may have to retain outside legal services. This restriction is made an express part ofthe proposed ordinance. In addition, the ordinance requires that before retaining any additional attorney(s), the City Attorney must provide written notice to the City Manager. This provision is intended as a means to keep the City Manager informed as to the identity of additional attorneys, allowing the City Manager to make any necessary contacts with such attorneys during the course of representation. In addition, the ordinance expressly retains the City Council's authority to override the City Attorney's selection of outside counsel and its authority to hire special counsel when deemed necessary and appropriate. Item No. City Secretary's use only The ordinance essentially allows a streamlined method for ensuring that the City shall at all times have adequate legal representation regardless of the type of circwnstance that arises and without delays that would occur if the Council were required to approve retaining all outside attorneys on an individual basis. At the same time, the ordinance preserves the Council's authority to make any and all ultimate determinations concerning legal representation. RECOMMENDED ACTION: Adopt proposed ordinance. Item No. b g,+k City Secretary's use only Y{OUBfBOMBTOWN City of Anna City Council Agenda Staff Report Council Meeting: October 26, 2010 Staff Contact: Maurice. Schwanke Account Code #:_---'N:..=.:/A-=-______ Date Prepared: 10-20-10 Budgeted Amount:. ___~N=/A,-",-___ Exhibits: • Yes DNo AGENDA SUBJECT: (a) Public Hearing To consider public comment regarding an ordinance of the City of Anna, Texas, amending the Anna City Code of Ordinances, by amending Part III-C Zoning Ordinance, Definition of a Retail Ice and Water Sale Facility and Sections 22.04,24.04,26.03 and Appendix 2, Table 5; Section 32; Regarding where a Retail Ice and Water Sale Facility can be established; providing for savings, repealing and severability clauses; providing for an effective date; providing for a penalty clause not exceed $2,000 or the highest penalty amount allowed by law, whichever is less; and providing for publication and caption hereof. The proposed ordinance brought forth is an amendment to the Anna Code of Ordinances, to establish a new use (Retail Ice and Water Sale Facility) within the City of Anna Zoning Ordinance and identify where and how the use should operate. The ordinance also sets forth a definition for the use. (b) ConsiderlDiscusslAction adopting an ordinance of the City of Anna, Texas, amending the Anna City Code of Ordinances, by amending Part III-C Zoning Ordinance, Definition; ofa Retail Ice and Water Sale Facility and Sections 22.04,24.04,26.03 and Appendix 2, Table 5; Section 32; Regarding where a Retail Ice and Water Sale Facility can be established; providing for savings, repealing and severability clauses; providing for an effective date; providing for a penalty clause not exceed $2,000 or the highest penalty amount allowed by law, whichever is less; and providing for publication and caption hereof. The Staff has been approached by an individual who would like to install a retail ice and water sale facility. This use has not been classified within our existing zoning ordinance. The attached ordinance is the staff recommendation. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval of the proposed ordinance at their meeting October 4, 2010. RECOMMENDED ACTION: Approval of Ordinance Item No. 7<l+b City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: October 26. 2010 Staff Contact: Maurice. Schwanke Account Code #:__N:o....:..:...:/A""'--______ Date Prepared: 1 0-20-1 0 Budgeted Amount: ___~N~/~A~___ Exhibits: • Yes DNo AGENDA SUBJECT: (a) Public Hearing To consider public comment on a request by Jim Williams, representing Savoy Anna 16 LP, owner of property, for a Specific Use Permit to allow for office/warehouse uses on the tract that is currently zoned as General Commercial (C2) and is located west of South Central Expressway (Hwy 75) and south of west White Street. SUMMARY: It is the applicant's intent to build a twenty thousand (20,000) square feet building on 1.270 acres on the subject tract located west of South Central Expressway (Hwy 75) and south of West White Street. The building is intended to provide warehouse and office space to an existing business owned by the applicant (Goody Goody) on the adjacent site. The proposed building will provide space for shipping and receiving area as well as order processing for their wholesale delivery operations. The tract is currently zoned as General Commercial (C2) zoning, however, to comply with the Anna Zoning Ordinance, requires the approval of a "Specific Use Permit". One property owner response was received and was in favor ofthe request. (b) ConsiderlDiscussiAction adopting an Ordinance regarding a Specific Use Permit to allow for office/warehouse uses on the tract that is currently zoned as General Commercial (C2) and is located west of South Central Expressway (HWY 75) and south of West White Street. This use will be west of and behind the existing commercial strip shopping area The proposed building will be masonry, with the required landscaping being provided. The building rendering provided indicates the proposed character of the structure. Like uses exist to the west in the Santa Fe Business Park located on County Road 286. This use is consistent with the "C­ 2" district as long as it is not the primary focus along U.S. Highway 75 or West White Street. The location will also lend itself to the movement of goods and services without negatively impacting neighborhoods with large trucks. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval at their meeting October 4,2010. The vote was 6 ayes. RECOMMENDATION: Approval Item No. 8 City Secretary's use only City of Anna City Council Agenda Staff Report COWlcil Meeting: October 26, 2010 Staff Contact: Maurice. Schwanke AccoWlt Code #:_--"'N"""'I......A::..-_____ Date Prepared: 1 0-20-10 Budgeted AmoWlt: ___-'N~/~A~___ Exhibits: • Yes DNo AGENDA SUBJECT: ConsiderlDiscussl Action approving the site and landscape plan on Lot 3 of the "455175lBusiness Addition", SUMMARY: The site plan and landscape plan have been reviewed by staff and all comments have been complied with. Therefore, if the SUP for this tract is approved the site and landscape plans can also be approved. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval at their meeting October 4, 2010. RECOMMENDATION: The staff is recommending approval of the site plan and landscape plan, Item No. 'I City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: October 26, 2010 Staff Contact: Maurice. Schwanke Account Code #:_------'N'-"ICLA"'-­_____ Date Prepared: 10-20-10 Budgeted Amount:___-----!:.N..!!./~A~___ Exhibits: • Yes ONo AGENDA SUBJECT: ConsiderlDiscusslAction approving the replat of Lot 2R & 3, Block A of 455175 Business Addition. SUMMARY: It is the applicant's intent to re-plat Lot 2R, Block A of the 455175 Business Addition which contains approximately 9.829 acres of land into two parcels. The proposed Lot 3 will contain approximate1.270 acres ofland where a twenty thousand square feet warehouse type building (Goody Goody) with a large shipping and receiving area as well as processing for their wholesale delivery operations is proposed to be built. The plat has been reviewed by staff and all comments have been addressed. Therefore, the staff is recommending approval. PLANNING AND ZONING ACTION: The Planning and Zoning Commission recommended approval at their meeting October 4,2010. RECOMMENDATION: Approval ItemNo.~ City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: October 26. 2010 Staff Contact: Philip Sanders Account Code #: 50-626 626 2007 CO PROJECT CONSTRUCTION Budgeted Amount:..!f$=3~0,~00~0::-_____ Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscussiAction regarding a resolution approving a contract and authorizing execution of same for Proposal No. 11-02 PW, Municipal Facilities: Construction Materials for Interior Facilities Construction/Alteration. SUMMARY: Staff has recently solicited proposal for the purchase of construction materials that will be required for the interior finish out of the new Public Works office/warehouse. Sealed proposals were opened on Thursday October 21. Both Home Depot and Lowe's submitted bids that are comparable in value. Under a job order contract procurement, the City Council can approve contracts with one or more companies and then purchase materials from either one that provides the best value to the City. RECOMMENDATION: Staff recommends that the Council approve the attached Resolution approving job order contracts with The Home Depot #528 and Lowe's Home Improvement Inc. # 2825 for Proposal No. 11-02 PW, Municipal Facilities: Construction Materials for Interior Facilities Construction/Alteration. ItemNo.JL City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: October 26, 2010 Staff Contact: Philip Sanders Account Code #: 50-626 626 2007 CO PROJECT CONSTRUCTION Budgeted Amount:..:o$=3=0,=0=00"--_____ Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscussl Action regarding a resolution approving a contract and authorizing execution of same for R.F.P. No. 11-01 PW, Municipal Facilities Interior Framing Construction!Alteration Project. SUMMARY: Staff has recently solicited proposal for the construction of interior framing as part of the interior finish out of the new Public Works office/warehouse. Sealed proposals were opened on Thursday October 21. DFW Framing and Construction Inc. submitted the low bid at $3,900.00 RECOMMENDATION: Staff recommends that the Council approve the attached Resolution approving a contract with DFW Framing and Construction, Inc. for R.F.P. No. 11-01 PW, Municipal Facilities Interior Framing Construction! Alteration Project. -------------------- ItemNo. .1L City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: October 26,2010 Staff Contact: Philip Sanders Account Code #: Budgeted Amount: _____---__ Exhibits: 0 Yes DNo AGENDA SUBJECT: ConsiderlDiscussl Action adopting an Ordinance regarding prevailing wage. SUMMARY: Chapter 2258 of the Texas Government Code includes a statute regulating the determination and payment of prevailing wages to workers that are employed for the construction of public works. The statute requires the public bodies of municipalities to determine prevailing wages and require contractors and subcontractors that bid for public works construction contracts to pay workers at least the prevailing wage in the locality. Our current practice is to include prevailing wage requirements in individual public works contracts. However, this is a piecemeal approach, and does not necessarily ensure consistent compliance with applicable state law. An ordinance would allow the City to adopt regulations concerning the ways in which a worker may be compensated for underpayment, which could help limit the City's potential liability . The attached Ordinance includes a determination that the prevailing wages for the City of Anna with respect to construction types Heavy, Highway, Building, and Residential, as applicable, shall be the same as the sum certain prevailing wages for Collin County as are from time to time determined by the United States Department of Labor in accordance with the Davis-Bacon Act (40 U.S.C. Section 276a et seq.), and its subsequent amendments. The Ordinance includes features available to the City to specify how prevailing wage disputes are to be handled. It also provides the City with protection from liability and provides its employees with protection from criminal liability. RECOMMENDATION: Staffrecommends approval of the attached Ordinance. ItemNo.~ City secretary's use only CITY OF ANNA, TEXAS City of Anna City Council Agenda Staff Report Council Meeting: October 26, 2010 Staff Contact: Chief Newton Account Code Budgeted Amount: ___________ Exhibits: 0 Yes ~No AGENDA SUBJECT: Donation of a 2003 Chevy Suburban to the City Fire Dept. SUMMARY: Donnie Noonan with the Anna Fire Department is wishing to donate the above mentioned vehicle to the Anna Fire Department. STAFF RECOMMENDATION: Staff recommends approval of this donation.