05-15-2008 (WEDC) Minutes Minutes
Wylie Economic Development Corporation
Board of Directors Meeting
Thursday, May 15, 2008-6:00 M.
Inwood National Bank- Conference Room
200 South Highway 7 -Wylie,Texas
CALL TO ORDER
Announce the presence ofa Quorum
President Fuller called the meeting to order at 6:02 a.m. Board Members present were: John
Yeager, Mitch Herzog. Board Member Seely arrived at 6:22 am.
Staff present was Executive Director Sam Satterwhite and Administrative Assistant Gerry Harris.
Ex- f ci Board Member Mindy Manson, Mayor-Elect Eric Hogue, and City Councilman
David Goss 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 April 24, 2008 Minutes of the
WEDC Board of Directors Meeting.
MOTION: A motion was made by Mitch Herzog and seconded by John Yeager to
approve the April 24, 2008 Minutes of the WEDC Board of Directors
Meeting. The WEDC Board voted 4 - FOR and 0 -AGAINST in favor of
the motion.
ITEM NO. 2 - Consider and Act Upon Approval of the April 2008 WEDC Treasurer's
Report.
MOTION: A motion was made by John. Yeager and seconded by Merrill Young to
approve the April 2008 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 the Reappointment of a WEDC Board Member for
a New Three-Year Term.
Staff reported that in 2009, terms will expire for three WEDC Board Members. WEDC By-
Laws however were designed in a manner that in any given year, a maximum of only two
positions would open for appointment. According to WEDC By-Laws, the original
configuration of Board Member terms was: two members appointed for an initial one year term,
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May 15, 2008
Page 2 of 4
two members for an initial two year term, and one member for an initial three year term.
Following expiration of the initial term, all future terms would be for three years. As identified
previously, the intention of this configuration was to stagger terms and prevent the potential
turnover of more than two members in a given year.
Staff continued that in 1999, the Council unexplainably appointed two members to a two year
term. This realignment of terms has resulted in no Board seats open for appointment in 2008 and
three seats in 2009. In order to correct this error, the City Secretary suggested that one of the
three Board members whose term expires in 2009 (Merrill Young, John Yeager, or Chris Seely)
voluntarily request that their seat be considered for re-appointment to a new three year term to
expire in 2011. The WEDC Board would then have two terms expiring in 2009, two terms
expiring in 2010, and the term being considered expiring in 2011.
The Board discussed recommending to the City Council that Councilman Merrill Young's seat
be considered for appointment to a new three year term. Staff pointed out that while the By-
Laws do not call for a member of the City Council to be a voting member of the Board, it has
been an informal practice for the past fifteen years for an individual from Council to occupy a
seat on the WEDC.
MOTION: A motion was made by Mitch Herzog and seconded by John Yeager to
recommend to the Wylie City Council that the Board seat occupied by
Councilman Merrill Young be considered for a new three year term
beginning in 2008 and expiring in 2011. The WEDC Board voted 4—FOR
and 0—AGAINST in favor of the motion.
ITEM NO. —Staff Update: Review Staff Activities and Ongoing WEDC Projects.
ICSC: Staff continued to prepare for the International Council of Shopping Center Conference
to be held May 1 — 21, 2008. An example of marketing materials to be utilized in Las Vegas
was distributed at the Board meeting. In place of outgoing Mayor John Mondy, Mayor elect Eric
Hogue will attend in his place. Meetings are scheduled with Target, Kohl's, Direct
Development, Regency Centers, Hunt Properties, Burger King, The Buxton Group, Grubb &
Ellis, Expedition Capital Partners, and The Retail Connection.
City of Wylie Building Official: Staff updated the Board on its participation in a panel to
interview candidates for the City of Wylie Building Official. After completing the initial
interviews, the City Manager will be evaluating the recommendation of the panel and hiring an
individual to fill the vacant position.
Staff had no recommendations for this item.
EXECUTIVE SESSION
The WEDC Board of Directors convened into Executive Session at 6:29 a.m.
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May 15, 2008
Page 3 of
I. Consider and Act Upon Issues Surrounding a Performance Agreement Between the WEDC
and Nicom Construction Company as Authorized in Section 551.087 (Economic
Development Negotiations) of the Local Government Code, Vernon's Texas Code
Annotated(Open Meetings Act).
IL Consider and Act Upon Issues Surrounding a Performance ance Agreement and Real Estate
Sales Contract Between Gardner Regency, LLC and the WEDC as Authorized in Section
551.087 (Economic Development Negotiations) of the Local Government Code, Vernon's
Texas Code Annotated (Open Meetings Act).
III. Consider and Act Upon Issues Surrounding the Performance Agreement Between Direct
Development and the WEDC as Authorized in Section 551.087 (Economic Development
Negotiations) of the Local Government Code, Vernon's Texas Code Annotated (Open
Meetings Act).
RECONVENE INTO OPEN MEETING
The WEDC Board of Directors reconvened into open session at 7:1 a.m.
Actions taken from Executive Session:
I. Staff reviewed with the Board that in August 2007, I icon Construction approached the
WEDC with a request for assistance in the redevelopment of approximately 3.9 acres
within Regency Business Park. The specific request was to assist with demolition costs of
several metal structures and associated concrete/asphalt parking areas. Staff confirmed
demolition costs in excess of$20,000.
At that time, staff encouraged Nicom to submit a request for assistance based upon the
dramatic impact their redevelopment efforts would have on the Regency area. A concept
site plan was submitted for Board review. As identified on the site plan, Lot#6 is currently
under construction and should have a certificate of occupancy within 30 days.
Staff initially received conflicting direction from the Board with staff requesting the
Board's final consideration of the issue. Staff recommended that the WEDC Board
participate in the demolition costs associated with the redevelopment of Regency-Steel
Business Campus. Staff further recommended that upon issuance of a certificate of
occupancy by the City of Wylie for an 11,345 square foot light industrial facility located on
Lot #6 of the Regency-Steel Business Campus, the WEDC fund the reimbursement of
demolition costs up to $10,000.
MOTION: A motion was made by Mitch Herzog and seconded by Chris Seely
authorizing the WEDC Executive Director to enter into a
Performance Agreement with Nicom Construction for the
reimbursement of demolition costs in an amount not to exceed
$10,000. The WEDC Board voted 4 — FOR and 0 —AGAINST in
favor of the motion.
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May 15, 2008
Page 4 of 4
II For Board review, staff presented the executed Letter of Intent, Real Estate Sales Contract,
and Performance Agreement between the WEDC and Savage Precision Fabrication, Inc.
Negotiations over the last forty-five days have resulted in an inability to agree on terms of
the mutual access easement. Staff recommended that shared use of the easement be
abandoned. With that abandonment, a first right of refusal afforded to Savage for the
property to the east will be withdrawn.
Staff recommended that the WEDC Board of Directors authorize the WEDC Executive
Director to execute a Real Estate Sales Contract between the WEDC and Gardner Regency,
LLC, further authorizing the WEDC President to execute a Performance Agreement
between the WEDC and Gardner Regency, LLC in addition to all documentation necessary
to effectuate the sale of property contemplated within the Real Estate Sales Contract.
MOTION: A motion was made by John Yeager and seconded by Merrill
Young to authorize the Executive Director to execute a Real Estate
Sales Contract between WEDC and Gardner Regency, LLC and to
authorize the WEDC President to execute a Performance
Agreement between the WEDC and Gardner Regency, LLC, in
addition to all documentation necessary to effectuate the sale of
property contemplated within the Real Estate Sales Contract. The
WEDC Board voted 5 — FOR and 0 — AGAINST in favor of the
motion.
No further action was taken as a result of discussions held in Executive Session.
ADJOURNMENT
With no further business, President Marvin Fuller adjourned the WEDC Board meeting at 7:15
a.m.
14f dhliqh
Marvin Fuller, President
ATTEST:
Samuel D.R. Satterwhite
Executive Director