10-21-2011 (WEDC) Minutes Minutes
Wylie Economic Development Corporation
Board of Directors Meeting
Friday, October 21, 2011 —6:30 A.M.
WEDC Offices—Conference Room
250 South Highway 78 —Wylie, Texas
CALL TO ORDER
Announce the presence of a Quorum
President Marvin Fuller called the meeting to order at 6:32 a.m. Board Members present were:
Mitch Herzog, John Yeager, Chris Seely and Todd Wintters.
WEDC staff present was Executive Director Sam Satterwhite and Administrative Assistant
Gerry Harris.
Ex-officio members Mayor Eric Hogue and Mindy Manson were present.
CITIZEN PARTICIPATION
There being no citizen participation, President Fuller proceeded to Action Items.
ACTION ITEMS
ITEM NO. 1 — Consider and act upon approval of the September 15, 2011 Minutes of the
WEDC Board of Directors Meeting.
MOTION: A motion was made by Mitch Herzog and seconded by John Yeager to
approve the September 15, 2011 Minutes of the WEDC Board of Directors
Meeting. The WEDC Board voted 5 — FOR and 0 —AGAINST in favor of
the motion.
ITEM NO. 2 —Consider and act upon approval of the September 2011 WEDC Treasurer's
Report.
MOTION: A motion was made by Mitch Herzog and seconded by John Yeager to
approve the September 2011 WEDC Treasurer's Report. The WEDC Board
voted 5—FOR and 0—AGAINST in favor of the motion.
ITEM NO. 3—Consider and act upon issues surrounding a WEDC Budget Transfer for FY
2010—2011.
Although Staff planned for the sewer and engineering for the properties on FM 544 to be
completed in October and therefore paid from the FY 2011-2012 Budget, RLK Engineering
completed the project on October 1 and the expense was paid from the FY 2010-2011 Budget.
This created a deficit of$9,290.50 in the Engineering Account.
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October 21, 2011
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The Audit & Legal Services Account for FY 2010-2011 is currently over budget by $3,524.37.
This amount does include the final billing from the law firm for the fiscal year. The deficit is
due to the Sanden project.
Funds were transferred from the Travel & Training Account with a total reduction of$13,300.
Staff recommended that the WEDC Board of Directors approve Budget Transfer Request.
MOTION: A motion was made by Todd Wintters and seconded by Chris Seely to
approve the WEDC Budget Transfer request in the amount of$13,300. The
WEDC Board voted 5 —FOR and 0—AGAINST in favor of the motion.
DISCUSSION ITEMS
ITEM NO 4. - Staff Report: review issues surrounding an Amended and Restated Performance
Agreement between the WEDC and Woodbridge Crossing, Commercial Lease/Performance
Agreement between the WEDC and Ascend Custom Extrusion, City of Wylie 19-acre
tract/sewer line extension, Taylor& Son, WISD 1.5 acre tract, and regional housing starts.
Woodbridge Crossing
Woodbridge Crossing was reported to be in compliance with all terms of the Amended and
Restated Performance Agreement. A Sales Tax Reimbursement Report was presented which
identified all sales taxes generated through July 2011 within Woodbridge Crossing for the City
General Fund, the WEDC, and the 4B. As a reminder, the City and WEDC will be reimbursing
85% of all sales tax generated within Woodbridge Crossing through September 2013. Beginning
October 2013, 65% of all sales taxes generated will be reimbursed.
Direct Development is currently in compliance with all terms under the Performance Agreement
with the next performance measure of a cumulative 385,118 square feet due by September 1,
2013. There is currently 318,152 square feet in place within Woodbridge Crossing. Also, Ross,
Rack Room, Eyemaster's, and Rosa's Café are beginning the initial phases of the
construction/fmish-out process.
A summary of Direct Developments' Performance Obligations was presented for the Board's
review.
Ascend Commercial Lease and Performance Agreement
An Ascend Custom Extrusion Critical Dates Analysis and Performance Agreement Monitoring
Procedures was presented. Payment #1 of the Economic Incentives was funded with Ascend
meeting all current Performance Obligations. A final Certificate of Occupancy was issued on
September 23rd with Ascend being fully operational with their paint line and press.
Mr. Rentfrow reported to Staff that Ascend's trip to Taiwan to look at an existing press had been
rescheduled to October 21st. However, a non-refundable deposit was already submitted toward
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October 21, 2011
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the purchase of the press. The dirt contractor working on the Community Park project has begun
to take dirt from the Ascend site and Hill & Wilkinson has completed all repairs from damage
caused by a faulty roof drain. Also, all modifications have been completed to the air conditioner
within the IT room. Hill & Wilkinson is still working on repairs to a large roll-up door, but has
been diligently taking care of its responsibilities.
City of Wylie 19-acre Commercial Tract/Sewer Line Extension
Staff made a presentation to Council within a work session on September 27th regarding utilizing
the 19-acre Wells tract located on F.M. 544 for commercial uses. The Council was unanimously
supportive of the WEDC recommendation and directed the City Manager and WEDC staff to
seek a written opinion from City Bond Counsel as to the ability to sell the tract and how the
proceeds must be used. Staff is still waiting on the written opinion but is expecting its
completion any day. Following final approval from Council which staff hopes to obtain in
November or December at the latest, staff will be seeking formal approval from the Board for the
construction of a sewer line benefitting the City tract and properties to the east. Mr. Klingbeil
had already begun to produce the bid documents to be submitted following WEDC Board review
and approval.
Public Parking on Ballard Street/FBC Property
Staff had made no progress on this project based upon its existing priorities.
Taylor &Son
Staff reported that Taylor& Son currently leases a WEDC facility on Industrial Court. Staff had
been working with Taylor to maintain their outside storage area which is composed of debris
from HUD homes that Taylor cleans out and remodels. City of Wylie Code Enforcement and
Planning Departments were asked to get involved and ruled that the storage of the debris was
outside the parameters listed on Taylor's Certificate of Occupancy and further that use was not
allowed within the Corridor Commercial Zoning District.
Staff had worked out a temporary solution for Taylor which includes the utilization of WEDC
property on Steel Road for the storage of the existing debris within roll-off dumpsters which will
be screened from public view. Taylor will be utilizing the property for 3 months at no cost until
which time it identifies a permanent solution/location. Taylor had indicated that the permanent
solution may be to construct a new facility on WEDC property on Steel Road.
WISD 1.5 Acre Tract
Staff along with President Fuller had presented the WEDC's interest in assisting the WISD in the
sale of 1.5 acres generally located next to Muddy Creek on F.M. 544. Following a presentation
to the WISD Real Estate committee, Board President Gooch had requested that staff make a
presentation to the full Board of Trustees in open session at the January school Board meeting.
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October 21, 2011
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Regional Housing Starts
Twenty-two homes were permitted in Wylie for September 2011. Sachse, Lavon and Murphy
permitted a combined twenty-two homes over the same period.
No action is requested by staff for this item.
EXECUTIVE SESSION
The WEDC Board recessed into Closed Session at 6:59 a.m. in compliance with Section
551.001, et.seq. Texas Government Code to wit:
Section 551.071 (Consultation with Attorney) of the Local Government Code, Vernon's Texas
Code Annotated(Open Meetings Act).
• Receive legal advice concerning Cause No. 366-01521-2011 in the 366th Judicial District
in the case styled Wylie Economic Development Corporation vs. Sanden International
(U.S.A.), Inc.
Section 551.072 (Real Estate) of the Local Government Code, Vernon's Texas Code Annotated
(Open Meetings Act).
• Consider issues surrounding the sale of WEDC property located near the intersection of
Cooper Drive and State Highway 78.
• Consider issues surrounding the purchase of property located near the intersection of
Cooper Drive and State Highway 78.
Section 551.087 (Economic Development) of the Local Government Code, Vernon's Texas
Code Annotated (Open Meetings Act).
• Consider issues surrounding JTM Technologies.
• Consider issues surrounding Multi-Machining.
• Consider issues surrounding B&B Theatre.
• Consider issues surrounding P M Realty.
• Consider issues surrounding Clark Street Development.
Mayor Eric Hogue left the meeting at 7:25 a.m. City Manager Mindy Manson left the meeting at
8:15 a.m. Board Member Todd Wintters left the meeting at 8:40 a.m.
RECONVENE INTO OPEN MEETING
The WEDC Board of Directors reconvened into open session at 9:04 a.m.
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October 21, 2011
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ADJOIJ' ENT
With no further business, President Fuller adjourned the WEDC Board meeting at 9:04 am.
)."
Marvin Fuller,President
ATTEST:
Samuel D.R. Satterwhite
Executive Director