02-17-2012 (WEDC) Minutes Minutes
Wylie Economic Development Corporation
Board of Directors Meeting
Friday, February 17, 2012 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 6:30 a.m. Board Members present were:
John Yeager, Mitch Herzog and Todd Wintters.
WEDC staff present was Executive Director Sam Satterwhite and Senior Assistant Gerry Harris.
Ex-officio member Mindy Manson was present. Also arriving at 6:35 was City of Wylie
Assistant City Manager Jeff Butters.
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 January 30, 2012 Minutes of the
WEDC Board of Directors Meeting.
MOTION: A motion was made by Mitch Herzog and seconded by John Yeager to
approve the January 30, 2012 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 January 2012 WEDC Treasurer's
Report.
MOTION: A motion was made by Mitch Herzog and seconded by John Yeager to
approve the January 2012 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 a Performance Agreement between the WEDC and
Southwestern Chiropractic and Wellness Center.
Staff presented a Performance Agreement as directed by the Board to fund a $14,400 incentive
package for Southwestern Chiropractic & Wellness Center (Palmer Properties, LP).
Southwestern began construction of a 4,306 square foot medical office building located at 121
Jackson Street. Dr. Shad Reif will be occupying 2,609 square feet with the remaining square
WEDC—Minutes
February 17, 2012
Page 2 of 6
footage available for lease. While the original concept contemplated construction cost of
$350,000, estimates now are $460,000 with permit fees of$24,286. Construction is estimated to
be complete in June 2012.
Staff recommended that the WEDC Board of Directors approve the Performance Agreement
between the WEDC and Palmer Properties, LP.
MOTION: A motion was made by Todd Wintters and seconded by Mitch Herzog to
approve the Performance Agreement between the WEDC and Palmer
Properties and give WEDC Board President authority to execute the same.
The WEDC Board voted 4 — FOR and 0 — AGAINST in favor of the
motion.
ITEM NO. 4 — Consider and act upon approval of a bid for a WEDC-funded sewer line
extension from a point near the intersection of Westgate Way and F.M. 544, a distance of
13,100 linear feet west,to a point near the intersection of Muddy Creek and F.M. 544.
As a review, on August 19, 2011 the WEDC Board of Directors authorized staff to hire RLK
Engineering to design an approximate 3,100 LF sewer line extension near the intersection of
F.M. 544 and Sanden on the north side of F.M. 544. RLK has completed all field work and plans
associated with the design and has received approval for construction from the City Engineer.
RLK sent bid packets out on 2-9-12 with receipt back of the same on 2-16-12. RLK reviewed
the bids for completeness and provided a tabulation sheet detailing bids from Calhar
Construction, PCI Construction, Interstate Pipeline, TriDal, Ltd., and John Burns Construction
Company. The Board was presented with a notice to bidders and a full set of plans.
Per the tabulation sheet, staff indicated that Interstate Pipeline had the low bid of$187,988.10
with TriDal second at $229,454. RLK did point out that Interstate did not properly bid erosion
control, reseeding disturbed areas, and the replacement of pipe fencing which could all total
increased costs of±$15,000.
The Board directed staff to request from Interstate Pipeline updated information on items quoted
incorrectly. To allow staff latitude in its negotiations, the Board authorized staff to award the
contract to TriDal subject to bid clarification from Interstate Pipeline.
MOTION: A motion was made by Todd Wintters and seconded by John Yeager to
approve a bid up to $229,000 with a 5% contingency. The WEDC Board
voted 4—FOR and 0—AGAINST in favor of the motion.
ITEM NO. 5 — Consider and act upon issues surrounding WEDC funding of infrastructure
improvement associated with the extension of Woodbridge Parkway in the amount of $2
million.
Staff reported that on Monday, February 20th the Collin County Commissioners Court will be
considering $4.8 million in funding for improvements to Woodbridge Parkway in the cities of
WEDC—Minutes
February 17, 2012
Page 3 of 6
Wylie and Sachse. Assuming approval by the Court, the City of Wylie/WEDC will need to be
prepared to have funding available ($2 million) as soon as September 1, 2012. Staff commented
that while the underwriting process will only take one month, a rate/package can be locked in for
six months so there is no reason the WEDC should not begin the loan process now in the event
interest rates rise in the near future.
Staff reminded the Board that ANB has given a verbal estimate for the $2 million at 3.54% fixed
for 10 years. Staff did not believe that it would be necessary to go out to bid for the $2 million
being that any other lender would have to subordinate its interest to ANB which has a first lien
on WEDC sales tax receipts.
The City Manager and staff have developed a framework for an impact fee reimbursement
agreement which defines the City of Wylie's financial commitment of utilizing thoroughfare
impact fees for debt service associated with this project. Staff committed to providing a draft of
the agreement at the March Board meeting.
Staff recommended that the WEDC Board of Directors request that American National Bank
make a formal proposal to fund a $2 million loan for infrastructure associated with the extension
of Woodbridge Parkway. The Board directed staff to approach Inwood National Bank with the
concept of refinancing the Ascend loan package the WEDC currently has with American
National Bank in addition to the Woodbridge Parkway project. Board member Herzog
commented that if there is an interest, the WEDC should publically bid the package out to
American and Inwood so that a more competitive rate can be achieved by the WEDC.
DISCUSSION ITEMS
ITEM NO. 6 - 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, B&B Theatres, PM Realty,
Clark Street, median improvements to the intersection of 5th Street and State Highway 78,
Wylie Education Foundation, WISD 1.5 acre tract, WEDC Board Meeting in March, and
regional housing starts.
Woodbridge Crossing
Staff commented that Woodbridge Crossing is currently 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 November 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. Ross, Rack
Room, and Rue 21 are currently under construction. Staff had no update on Rosa's.
WEDC—Minutes
February 17, 2012
Page 4 of 6
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 were presented. Payment #1 of the Economic Incentives has been funded with
Ascend meeting all Performance Obligations required to date. A final Certificate of Occupancy
was issued on September 23, 2011.
The second press which was in transit in January has been delivered and installed. The press will
not be fully operational until+June.
B&B Theatres
B&B is scheduled to close on 2-29-12. While no groundbreaking date has been established, staff
has been told by several local contractors that the project is out to bid.
PM Realty
PM Realty is scheduled to close on 2-29-12. The only outstanding issue is a signed lease
between PM and Tenant Healthcare but staff has been informed that there are no significant
issues holding up the approval process.
Staff still awaits final documents from Oncor regarding payment arrangements for the burial of
overhead utilities which are now estimated at $211,000. Original estimates were at ±$350,000.
Barry Young assured staff that it will be pleased with the payment arrangements. Should there
be notice from Oncor in the next week; staff will probably call a special meeting to discuss the
Oncor proposal.
Clark Street
On February 29, 2012 a simultaneous closing is scheduled between Mr. Don Herzog and Clark
Street and Clark Street and Kroger. The proposed completion date for the Kroger remains end of
the first quarter 2013.
5th Street Median Opening
Staff had been approached by Mr. Tommy Pulliam to determine if there is any interest in WEDC
participation for median improvements at the intersection State Highway 78 and 5th Street. Mr.
Pulliam owns a strip center just north of 5th Street with the median improvements providing more
direct access to his center. An aerial of the location was provided for Board review. Staff will
provide a more detailed analysis of the request at the meeting.
WEDC—Minutes
February 17, 2012
Page 5 of 6
Wylie Education Foundation
Staff reported that only Board member Seely will be sitting at the WEDC table for the Education
Foundation Boots-n-Barbecue on 3-24-12.
WISD 1.5 acre Tract
The WISD Board of Trustees directed the Superintendent to begin the public bid process to sell
±1.5 acres located at the northwest corner of 33 acres owned by the Parker/Scholz group on F.M.
544. The WISD has begun the appraisal process. The Superintendent and staff have yet to
formalize the WEDC's offer to pay upfront costs associated with the appraisal and survey but
will do so prior to the next Board meeting.
WEDC Board Meeting in March
The next Board meeting is scheduled for March 16th which is during the WISD Spring Break.
Staff requested an alternate date of March 23rd or the week of March 26th. The Board designated
March 23rd as the next Board meeting date.
Regional Housing Starts
Sixteen homes were permitted in Wylie for January 2012. Sachse, Lavon and Murphy permitted
a combined nineteen homes over the same period.
No action was requested by staff for this item.
EXECUTIVE SESSION
The WEDC Board recessed into Closed Session at 7:21 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).
• Consider entering into a performance/loan agreement with Project Infill.
Section 551.072 (Real Estate) of the Local Government Code, Vernon's Texas Code Annotated
(Open Meetings Act).
• Consider the sale of WEDC property located at the intersection of Cooper Drive and F.M.
544.
Section 551.071 (Consultation with Attorney) of the Local Government Code, Vernon's Texas
Code Annotated(Open Meetings Act).
WEDC—Minutes
February 17, 2012
Page 6 of 6
• 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.
RECONVENE INTO OPEN MEETING
The WEDC Board of Directors reconvened into open session at 8:07 a.m. and took the following
action:
MOTION: A motion was made by Mitch Herzog and seconded by John Yeager
authorizing Marvin Fuller to execute a Performance/Loan Agreement with
Robert V. Glass, dba Wylie Ice Cream Holdings, LLC, providing that Mr.
Glass produces documentation evidencing 100% ownership in Wylie Ice
Cream Holdings, adding Angela Glass as Guarantor, and listing WEDC as
the 4th lien holder on the note with Texas First Bank. The WEDC Board
voted 4—FOR and 0—AGAINST in favor of the motion.
ADJOURNMENT
With no further business, President Fuller adjourned the WEDC Board meeting at 8:08 a.m.
Marvin Fuller, President
ATTEST:
Samuel Satterwhite
Executive Director