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04-17-2009 (WEDC) Minutes Minutes Wylie Economic Development Corporation obard of Directors Meeting Friday, April 17, 2009 — 6:30 A.M. Inwood National Bank — Conference ROOLIH 200 South ' 'i way 78 -a Wylie, Texas CALL TO ORDER Announce the presence of a Quorum President Fuller called the meeting to order at 6:30 a.m. Board Me, 'biers present were: Jihn Yeager, Mitch erzog, Todd Wintters and Chris Seely. WEDC staff present was Executive Director Sam Satterwhite and Administrative Assistant Gerry Harris. ExOfficio '.oard Members Mindy Manson and Mayor Eric Hogue were present. Mayor Hogue departed at 7:52 a.m. CITIZE PARTICIPATION There being no citizen participation, President Flier proceeded to Action Items. ACTION IHLEMS ITEM NO. 1 — Consider and act upon approval of the March 20, 2009 Minutes of the WEDC B ard of Directors Meeti g. MOH ION:ION: A rOtjOfl was made by Chris Seely and seconded by Mitch Herzog to approve the arch 20, 2009 Minutes of the WEDC Board of Directors 'eeting. The WEDC toard voted 5 — FOR and 0 — AGAINST in favor of the ITEM NO. 2 — Consider and Act Upon Approval of the March 2009 WEDC Treasurer's Report. MOHL ION: A motion was made by John Yeager and seconded by Chris Seely to approve the March 2009 WEDC Treasurer's Report. The WEIC Board voted 5 — FO'" and 0 — AGAINST in favor of the motion. ITEM NO. 3 — Co, sider and Act Upon Issues Surrounding an Ad Valorem Tax Abaterrent & Sales Tax eimbursement Agreement between the WEDC, City of Wylie and Greenway Investments. Staff r dicated that Lnterr ated Environmental Solutions (ES) was hired to evaluate all documentation pertaining to Greenway-Springs site enrollment in the Texas Voluntary Clean-Up WEDC Minutes 17, 2009 Page 2 of 5 Progra (VCP). IES concluded that since all detected levels were below Class III groundwater protected concentration levels (PCL's), the TCEQ did not determine that remediation, inciudig removal of any of the remaining waste materials was Jecessary. Further, under the VCP, the Greenway-Springs tract is now considered to have h et the conditions to reduce the risk of enviro ental contamination to the general public through -oundwater transportation mechanisms. Ha the waste material not been reclassified from a Class I 1. aterial to a Class III material, it is al lost assured that Greenway would not have been able to receive a Certificate of Con i)letion without the removal of all on-site waste materials. As detailed in the IES Doc illentation Assessment, the Greenway-Spi'ngs tract (previously referred to as the Pennington Tract) was classified as a Class I landfill due to a 1987 study reporting the release of Bis (2-ethyl-hexyl) phthalate as ell as the potential release of lead and cadmium from landfill seepage. Based upon most recent findings by Whitehead & Mueller, contaminants are not migrating frog the property, which is the primary conceal of the TCEQ, and can remain on-site so long as they are not disturbed or redistributed throughout the site with out the supervision of qualified personnel. Based upon the evaluation of all documents by IES, staff indicated that the WEDC Board can be confident that all proper procedures were followed to TECQ standards. Staff has directed WEDC counsel to req est documentatio supporting all allowable costs to date associated with the Final Certificate of Completion from which Greenway will be rei bursed through tax abatements ad sales tax rebates. Staff also reported that the Collin Central Appraisal District (CCAD) had issued an opinion that improvements on Greenway property (strip center housing Chiloso's and Papa Murphy's) was not complete on January 1, 2008 and therefore did not qualify for tax abatement. Staff, along with Greenway representative Mark Hardaway, met with the CCA 0 on March 30th to dispute the opinion based upon the payment of taxes ;on S1.34 million in improvements constructed in 2007. The Chief Appraiser concurred with Greenway's position and processed a rebate of property taxes paid per the terms of the Abatement Agreement resulting i a credit of approximately $9,670.13. Staff ha no recommendation. ITEM NO. 4 — Consider and Act Upon Issues Surrounding the Purchase of 0.437 acre from Crossroads Management IV, Ltd. in the amount of$161,687. Staff presented for review the executed Real Estate Sales Contract between Crossroads Management IV, Ltd. (Mr. Raymond Francis) and the WEDC. The WEDC has applied to the City of Wylie for the platting of the WEDC tract and the 0.437 acre to be purchased from Crossroads. Staff chose to plat the WEDC tract separate from the remainder of the Crossroads tract so t at Crossroads would not need to be a party to any future re-plats. The dow side to this is the additional fee from the surveyor of Si800 to create the documents to re-plat the Crossroads tract. WE C Minutes April 17, 2009 Page 3 of 5 Staff ointed out that the acreage identified on the survey is 0.437 rather than the estimated 0.397 staff had originally estimated. WEIC Counsel Randy " ullett has processed the Title Commitment and provided Comi onwealth and Crossroads with several objections to the Title Commitment and to the survey. Helmberger Associates has also completed the Phase I study. Staff had no recommendation. ITEM u0. 5 - Consider and Act Upon Issues Surr unding a Comparative A alysis of Developme t Fees Imposed by the Ci of Wylie. Staff requested that the item be tabled until the May 15, 2009 WEDC Board eeting. MOTION: A motion was made by John Yeager and seconded by Todd Wintters to table consideration of net, 4 until May 15, 2009. he WEDC 11:oard voted 5 - FOR and 0 - AGAINST in favor of the otion. PRESENTATION Staff Report: Review staff activities surrounding ICSC Annual Conference May 17 - 20, 2009, funding of demolition assistance to Pe ' oldings, status sf cornpletiou to Wylie Senior Care, and discussio of intermodal activity impacting Collin County. ICSC Annual Conference May 17 20, 2009: Most retailers contacted by staff are familiar with Woodbridge Crossing and are either awaiting the announcement of a second anchor or have placed expansion plans on hold. As indicated in previous meetings, 2009 will be a more challenging event in that the WE C/City of Wylie will be focusing more on seeking out retailers rather than supporting Direct DevelopLllent in meetings with anchors and j nior boxes. Nevertheless, staff believes our presence at this event is important and we ust treat our attendance as an opportunity to reinforce relationships in a market that is in a wait and see mode and most i wortantly reach out to retailers which may not be aware of Woodbridge Crossing. Demolition Assistance to POP Holdings: As approved by the WEDC Board of Directors on April 24, 2008, the WEDC funded S15,000 to urger King and Popeye's (both components of POP 'oldings) as reimbursement for demolition of the warehouse located at 902 West Kirby. While the businesses have been opened for several months, certificates of occupancy were only recently issued due to delays in construction of the sidewalk parallel to F.M. 544. Wylie Senior Care: While construction has not begun, it appears that Hill 8k: Wilkinson will enter into a contract with Dr. Thota to complete the senior living facility located behind Brookshire's. Hill Sz Wilkinson will meet with the City of Wylie IeveIopment issues Review Team (department heads) to discuss construction issues prior to finalizing their contract with Pr, Thota. WEDC - Minutes April 17, 2009 Page 4 of 5 Intermodal ActiviN Impacting Collin County: Staff ,et with Commissioner Hoagla d on 4-14- 09 to discuss a concept for a transportation huh i northeast Collin County. While this concept is in its infancy, the North Central Texas Council of Governme itS has agreed to coordi ate a study of the project and fund a portion of the study as well. The transportation hub is to be located near the 'outer loop' and ideally will have rail, air, and ground transportation components The hub will be de endent on the involve! ent of the Kansas City Southern Railway Company being that it will be located on their main line which travels through Wylie. While the City of Wylie will not be involved in any of the approval or financial aspects of the project, it could impact the future development of KCS property in Wylie. No action was requested by staff for this item. EXECUTIVE SESSION The WEDC oard of Directors convened into Executive Session at 7:15 a.m. I. Consider issues surrounding a Performance Agreement between the WEDC and Woodbridge Crossing, L.P. as authorized in Section 551.087 (Economic Developme t iegotiations) of the Local Government Code, Vernon's Texas Code Annotated (Open Meetings Act). II. Consider issues surrounding the purchase of a I acre tract near the intersection of Euba s Lane and Squire Drive as ec thorized in Section 551.072 (Real Property) of the Local Government Code, Vernon's Texas Code Annotated (OpenS Meetings Act). III. Consider issues surrounding the purchase of property for Project 2019 as authorized in Section 551.072 (Real Property) of the Local Government Code, Vernon's Tex,as Code Annotated (Open Meetings Act). RECONVE E Ii TO OPEN M ETING The WE 0 C Board of Directors reconvened into open sessia at 8:43 am, In anticipation of discussions to amend a Perfon ance Agreement between the W DC and Woodbridge Crossing, LP, staff recommended that the WEDC Board of Rirectors aut orize President Fuller to execute a Memorandum of Understanding, The Memorandum will inoicate that the WE IC is willing to discuss amending the terms of the Performance At,cement to more accurately reflect the current economic environment. MO ION: A motion was made by Todd Wintters and seconded by Mitch Herzog to authorize the WEDC President to execute a Memorandum of nderstanding between the WEDC and Woothrisge Crossing, LP. The WEDC Board voted 5 - FOR and 0 -AGAINST in favor of the motion. WEDC— Minutes April 17, 2009 Page 5 of 5 ADJa 'MENT With no Farther business, President anirin Fuller adjoumei the WEDC Board meeting at 8:44 Marvin Fuller, Preside Hit ATTEST: Sah iuel D.R. Satterwhite Executive Director