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04-19-2013 (WEDC) Minutes Minutes Wylie Economic Development Corporation Board of Directors Meeting Friday, April 19, 2013 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 6:30 a.m. Board Members present were: Todd Wintters, Demond Dawkins, and Mitch Herzog. Ex-officio members Mayor Eric Hogue and Mindy Manson were present. WEDC staff present was Executive Director Sam Satterwhite and Senior Assistant Gerry Harris. CITIZEN PARTICIPATION There being no citizen participation, President Marvin Fuller proceeded to Action Items. ACTION ITEMS ITEM NO. 1—Consider and act upon approval of the March 22,2013 Minutes of the Wylie Economic Development Corporation (WEDC) Board of Directors Meeting. MOTION: A motion was made by Mitch Herzog and seconded by Todd Wintters to approve the March 22, 2013 Minutes of the Wylie Economic Development Corporation. The WEDC Board voted 4—FOR and 0—AGAINST in favor of the motion. ITEM NO. 2 — Consider and act upon approval of the March 22, 2013 WEDC Treasurer's Report. MOTION: A motion was made by Todd Wintters and seconded by Demond Dawkins to approve the March WEDC Treasurer's Report. The WEDC Board voted 4—FOR and 0—AGAINST in favor of the motion. ITEM NO.3—Consider and act upon issues surrounding WEDC office space. Staff reviewed that on December 1, 2010 the WEDC entered into a 5-year lease with Wylie Industrial Court Development, Ltd. for the lease of office space at 250 Highway 78 South. The current rent is $1,500 per month with the WEDC having 2 offices, a file room, copy room, access to 2 conference rooms, a kitchen, and upstairs storage. WEDC—Minutes April 19, 2013 Page 2 of 5 As of May 1st, the Wylie Chamber of Commerce will be relocating to an office on Ballard Street adjacent to the Birmingham Land Trust. The Chamber currently occupies 4 offices at the rear of the building. Staff will relocate to the vacated Chamber offices and have the option of securing a 3rd office. The primary reason for the WEDC relocating offices is to increase the distance from the lobby which generates a significant amount of noise. Pertaining to acquiring a third office, staff recommended that the WEDC lease this additional office for the following reasons: 1) a small conference room could be established solely for WEDC use; 2) should the WEDC add an additional staff member or intern in the future, an office would be available; and 3) if the additional office was left vacant staff would anticipate Wylie Industrial Court Development, Ltd. will attempt to lease the office which staff believes would negatively encroach on WEDC `space'. The WEDC Board was in full support of the proposal and directed staff to negotiate an amended lease reflecting any increase in lease payments. President Fuller also directed staff to present any required budget amendment in addition to the amended lease at the May WEDC Board Meeting. No action was requested by staff for this item. ITEM NO. 4 — Consider and act upon a Performance Agreement between the WEDC and Sanden International, (U.S.A.), Inc. Staff presented for review a draft version of the Performance Agreement between the WEDC and Sanden International outlining the parameters by which Sanden could earn incentives up to a maximum of$500,000 associated with the acquisition and installation of a new line producing pistons for the compressor manufacturer. Incentive No. 1 would provide $250,000 to Sanden should the new piston line be operational by 12-31-13 and have hard costs associated with acquisition and installation of at least $24 mm. Upon verification of compliance with the above terms, the WEDC would fund $100,000 as payment#1 and $37,500 thereafter for four additional years. Incentive No. 2 would allow Sanden to earn up to $50,000 per year over a five year period (maximum $250,000) and be structured as reimbursements for property taxes paid to the City of Wylie. Similar to a tax abatement, the WEDC will reimburse Sanden for 50% of property taxes paid on all value in excess of$56,241,300 (existing 2012 value). For example, should Sanden have a combined future value of real and personal property of $66,241,300, the WEDC reimbursement will be based upon $10 mm in increased value multiplied by the current municipal tax rate of $0.8889 per $100 value and dividing by 2 (50%) totaling a $44,445 reimbursement. Should Sanden default under the terms of this Agreement, the WEDC will have no obligation to pay any future incentive payment with a default identified as: 1. Minimum ad valorem value of$56,241,300 maintained during the life of the Agreement; 2. False statement made; WEDC—Minutes April 19, 2013 Page 3 of 5 3. Sanden becomes insolvent; 4. Fails to pay municipal payments of any kind; 5. Sanden files suit against the WEDC/City of Wylie; 6. Piston line must remain operational (producing 'x' number of pistons/units per month). Prior to final approval and execution of the Agreement, Sanden must provide the WEDC with an itemized list of real and personal property improvements detailing specific equipment/improvements along with cost estimates. Staff had no recommendations for this issue. ITEM NO. 5—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 ACE, Extension of Woodbridge Parkway, Woodbridge Centre, B&B Theatre Red Carpet Gala, WEDC property located at 2806 F.M. 544, Congressman Pete Sessions Mobil Office Hours program, and regional housing starts. Woodbridge Crossing The Sales Tax Reimbursement Report was presented which identified all sales taxes received through February 2013 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 October 2013. Beginning October 2013, 65% of all sales taxes generated will be reimbursed. Woodbridge Crossing is eligible for a maximum $6 million in sales tax reimbursement through September 2021. $1,619,085 has been reimbursed to date with net receipts of$920,656 after reimbursements. Ascend Commercial Lease and Performance Agreement The Ascend Custom Extrusion Critical Dates Analysis and Performance Agreement Monitoring Procedures were presented. Payment #2 of 5 for the Economic Incentives has been funded with Ascend meeting all Performance Obligations within Sections A and B of the attachment. Ascend is currently operating 2, 10-hour shifts in extrusion and packing, 2 shifts in shipping, 3 shift in maintenance, and 1 ten hour shift in the paint line. There are currently 185 employees including 27 temps. Staff reported that on April 22, 2013 the Highlander/Ascend Board will meet to finalize discussion surrounding the potential facility expansion and acquisition of additional equipment. Staff will be meeting with Ascend management the week of the 22nd to discuss issues surrounding the real property note and potential changes to the lease-purchase agreement should an expansion take place. Extension of Woodbridge Parkway As reported in March, engineering plans are complete for the extension of Woodbridge Parkway and right-of-way from Mr. Don Herzog and the WISD has been secured. Mr. Wayne Rich and WEDC—Minutes April 19, 2013 Page 4 of 5 the right-of-way acquisition agent are down to negotiating the value of trees and fencing. The City Engineer anticipated an agreement in principal from Mr. Rich the week of April 15th. The Engineering Department still anticipates releasing utility work and going out to bid for construction in April with a construction time frame of 12— 18 months. Woodbridge Centre IHOP and Chicken Express are shopping the Woodbridge Centre site along with several other sites in Wylie and Murphy. Edge Realty appears to be promoting the site to a greater extent recently possibly due to the Kroger opening soon and ICSC in May. B &B Theatre B&B Theatre will be holding a 'Red Carpet Gala' April 25th beginning at 7:00 p.m. This ticketed event will include a formal presentation by B&B and the Mayor along with food and beverage with all proceeds going to the Wylie Christian Care Center. As a sponsor of the event, the WEDC has invited 100 individuals from Wylie, Sachse, Murphy, and the real estate community. WEDC Property Located at 2806 FM 544 A national restaurant has approached the WEDC inquiring as to the availability and asking price for the Ferrell tract. The Retail Connection, representing the national concept, was concerned about access to west bound 544 which staff responded could be addressed via median improvements on 544. Congressman Pete Sessions Mobil Office Hours On the second Tuesday of each month Congressman Pete Sessions will have preset office hours from 9:00 a.m. to 5:00 p.m. at the Wylie Municipal Complex within the City Manager's office suite. Mr. Matt Garcia, Deputy District Director for Congressman Sessions is in charge of the program locally and will be present during those hours. Staff encouraged Board members to go meet Mr. Garcia to further the relationship between Wylie and Congressman Sessions. Staff spent approximately 4 hours with Mr. Garcia introducing him to business representatives including Savage, ACE, and Exco. Regional Housing Starts Seventeen homes were permitted in Wylie for March 2013. Sachse, Lavon and Murphy permitted a combined ten homes over the same period. The Board will note the pending developments in Wylie that staff has provided at the bottom of the attachment. WEDC—Minutes April 19, 2013 Page 5 of 5 EXECUTIVE SESSION The WEDC Board recessed into Closed Session at 7:10 a.m. in compliance with Section 551.001 et.seq. Texas Government Code to wit: Section 551.087 (Economic Development) of the Local Government Code, Vernon's Texas Code Annotated(Open Meetings Act). • Industrial Project—Hensley Lane • Industrial Project(s)—Regency Business Park • Project Marble Section 551.072 (Real Estate) of the Local Government Code, Vernon's Texas Code Annotated (Open Meetings Act). • Consider the acquisition of property located near the intersection of F.M. 544 and Springwell Parkway. • Consider the acquisition of property located near the intersection of Cooper Drive and F.M. 544. Ex-Officio Member Eric Hogue left the meeting at 7:20 a.m. Board Member Demond Dawkins left the meeting at 7.•50 a.m. RECONVENE INTO OPEN MEETING The WEDC Board of Directors reconvened into open session at 8:07 a.m. and took no action. ADJOURNMENT With no further business, President Fuller adjourned the WEDC Board meeting at 8:07 a.m. 7(4,044, Marvin Fuller, President ATTEST: Samuel Satterwhite,Director