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09-21-2012 (WEDC) Minutes Minutes Wylie Economic Development Corporation Board of Directors Meeting Friday, September 21, 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: Demond Dawkins, Mitch Herzog, Todd Wintters, and John Yeager. WEDC staff present was Executive Director Sam Satterwhite and Senior Assistant Gerry Harris. Ex-officio members 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 August 28, 2012 Minutes of the Wylie Economic Development Corporation (WEDC) Board of Directors Meeting. MOTION: A motion was made by Todd Wintters and seconded by John Yeager to approve the August 28, 2012 Minutes of the Wylie Economic Development Corporation. The WEDC Board voted 5 —FOR and 0—AGAINST in favor of the motion. ITEM NO. 2 — Consider and act upon approval of the August 28, 2012 Minutes of the Special Called Joint Work Session of the WEDC Board of Directors and Wylie City Council. MOTION: A motion was made by John Yeager and seconded by Mitch Herzog to approve the August 28, 2012 Minutes of the Special Called Joint Work Session of the WEDC Board of Directors and Wylie City Council. The WEDC Board voted 5—FOR and 0—AGAINST in favor of the motion. ITEM NO. 3 — Consider and act upon approval of the August 2012 WEDC Treasurer's Report. MOTION: A motion was made by Mitch Herzog and seconded by Todd Wintters to approve the August 2012 WEDC Treasurer's Report. The WEDC Board voted 5 —FOR and 0—AGAINST in favor of the motion. WEDC—Minutes September 21, 2012 Page 2 of 6 ITEM NO. 4 — Consider and act upon the purchase of property from Jerry & Carmie Randack located at 711 & 713 Cooper Drive (Wylie Industrial Park Block A, Lots 2A, 3, and 4. Staff reported that the WEDC is under contract to purchase 1.089 acres from the Randack's for $400,000. Each party will be responsible for their customary fees including the seller being responsible for the title policy. Staff is preparing to take the item to Council for their approval on October 9, 2012 with the feasibility period expiring October 14, 2012. Resource Environmental Consulting performed an asbestos survey resulting in the identification of 3,180 square feet of asbestos-containing linoleum in the western two-thirds of the building. Intercon Demolition has provided a `not-to-exceed' quote of$6,500 to dispose of the materials prior to demolition of the facility. Staff did not suggest the immediate demolition of the structure but did recommend that upon purchase, the WEDC should remove the hazardous materials and keep on file the report clearing the property of the same. Mr. Wintters agreed with the recommendation. The Board directed staff to contact the Seller's Agent and request that the seller reduce the purchase price by $6,500 to pay for the cost of removing the contaminated materials from the building. With no 'out of the ordinary' encumbrances of the property other than utility easements, and following Board and Council approval, staff is prepared for the WEDC to close on the property seven days following the expiration of the feasibility period. American National Bank will be prepared to fund the transaction by October 14th, providing 80% financing at the direction of staff. American also indicated that should the Board change its mind any time before closing, 100% financing would be available at 2.99%. Staff recommended that the WEDC Board of Directors approve the purchase of Wylie Industrial Park Block A, Lots 2A, 3, and 4 in the amount of$400,000 further authorizing President Fuller to execute all documentation necessary to effectuate the purchase. Mr. Dawkins and Mr. Fuller stated that since American is willing to provide 100% financing, with no fees, the WEDC should take advantage of the package offered. MOTION: A motion was made by Todd Wintters and seconded by John Yeager to approve the purchase of the Randack property and authorize President Fuller to execute the closing and financing documents. The WEDC Board voted 5 —FOR and 0—AGAINST in favor of the motion. ITEM NO. 5 — Consider and act upon issues surrounding an Amended and Restated Performance Agreement between the WEDC and T.W. Snider& Associates. Staff presented an Amended and Restated Performance Agreement between T.W. Snider and the WEDC. Following direction from the Board on July 20th, staff developed the proposed amendments based upon the following criteria: WEDC—Minutes September 21, 2012 Page 3 of 6 1. Mr. Snider is to be allowed three additional years to meet performance requirement contemplated under the Agreement (August 1, 2013 to August 1, 2016). 2. Parking requirements contemplated under Section 2 (b) were reduced from 100% of the required parking for Phase II, III, and IV to an additional 17 spaces and circular access between Building 3 and Building 4. 3. Phase II (4,800 square feet) must be completed in shell form by November 2013 to qualify for Incentive 2a. 4. While the previous Agreement called for a cumulative sales price of $600,000 for the four office suites in each Phase, the amendment allows for a combination of sales price and appraised value of$600,000. 5. Within Section IV, staff included language which allows the Board to consider a scenario under which the square footage requirements are met for Phase III or Phase IV, but the valuation not certified due to the contemplated construction being complete after January 1, 2016. The proposed language allows the Board to consider at their sole and absolute discretion the certified value in July 2017 so long as the square footage requirement is met prior to August 1, 2016. Staff recommended that the WEDC Board of Directors authorize the WEDC Executive Director to execute an Amended and Restated Performance Agreement between the WEDC and T. W. Snider and Associates. MOTION: A motion was made by John Yeager and seconded by Todd Wintters to authorize WEDC Executive Director to execute an Amended and Restated Performance Agreement between the WEDC and T. W. Snider. The WEDC Board voted 5 —FOR and 0—AGAINST in favor of the motion. 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, Woodbridge Centre, PM Realty, purchase of 0.5 acre from Duel Products, extension of Woodbridge Parkway, Wylie Ice Cream Holdings, WEDC Invitational, and regional housing starts. Woodbridge Crossing Staff reported that on September 6, 2012, Woodbridge Crossing, L.P. was notified that they are in default of Phase IV of the Performance Agreement which requires 385,000 cumulative square feet of retail space to be constructed on site. A Valuation Tracking Report was presented which showed that there is 369,822 square feet within Woodbridge Crossing. Woodbridge Crossing, L.P. will have 30 days to cure the identified default. Also presented was the Sales Tax Reimbursement Report which identified all sales taxes generated through June 2012 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. WEDC—Minutes September 21, 2012 Page 4 of 6 Ascend Commercial Lease and Performance Agreement An Ascend Custom Extrusion Critical Dates Analysis and Performance Agreement Monitoring Procedures were presented. Payment #2 of the Economic Incentives has been funded with Ascend meeting all Performance Obligations within Section A of the attachment. Ascend currently operates 2 shifts and employs 185 individuals. Woodbridge Centre Clark Street maintains a projected opening for the Kroger anchored center of June 2013. Edge Realty has maintained that there has been significant progress in leasing discussions specifically attributed to the extension of Woodbridge Parkway. PM Realty Oncor is maintaining a completion date for burial of overhead utilities on or about October 1st Following completion of the burial and activation of the new lines, the overhead poles and lines will be removed, including the power pole located in the center of the easternmost access point to the site. PM had approached the WEDC with a new request for financial assistance in the design and construction of artwork to be located in the public right-of-way at the main entrance to the site. PM had secured commitments from the Public Arts Advisory Board and the Parker-Scholz group. Staff replied however to PM that the WEDC was not in a position expend monies for that purpose and respectfully declined their request. Purchase of 0.5 acre from Duel Products With the assistance of Lawyer's Title, Duel was able to obtain a partial release from its lender. The WEDC closed on the property on September 7, 2012. Staff will place the Duel site and adjacent WEDC site on a future agenda to discuss platting and anticipated uses for the 1 acre which is now available to the west of Duel Products remaining facility. Extension of Woodbridge Parkway Staff reported that the Engineering Department received a 50% set of plans with no significant comments. A 90% set of plans will be available on or about October 3rd as well as right-of-way documents. From that point an appraisal will be ordered for right-of-way which will be completed on or about October 24th. Bid documents will be distributed the first of December and take approximately four weeks to be awarded. Following mobilization, construction should begin in March 2013 with a twelve month completion timeframe. Wylie Ice Cream Holdings Staff reported that Dairy Queen will be open by November 1, 2012. A training day will be announced before the official opening at which there will be no charge for food and beverages. WEDC—Minutes September 21, 2012 Page 5 of 6 WEDC Invitational Staff has sent out 170 notices for the 6th annual WEDC Invitational Golf Tournament on October 24t. Staff anticipates approximately 80 participants. Regional Housing Starts Twenty homes were permitted in Wylie for August 2012. Sachse, Lavon and Murphy permitted a combined thirty-eight homes over the same period. No action was requested by staff for this item. EXECUTIVE SESSION The WEDC Board recessed into Closed Session at 7:02 a.m. in compliance with Section 551.001 et.seq. Texas Government Code to wit: Recess into Closed Session 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). • Request for Proposal - Project Detroit. • Incentive Proposal -Project ATR. Section 551.072 (Real Property) of the Local Government Code, Vernon's Texas Code Annotated (Open Meetings Act). • Purchase of property located near the intersection of F.M. 544 and Cooper Drive. • Purchase of 2.189 acres from GE Capital located near the intersection of McCreary Rd. and F.M. 544. • Purchase of property near the intersection of Martinez Lane and Alanis. RECONVENE INTO OPEN MEETING The WEDC Board of Directors reconvened into open session at 9:15 a.m. and took no action. WEDC — Minutes September 21, 2012 Page 6 of 6 ADJOURNMENT With no further business, President Fuller adjourned the WEDC Board meeting at 9:16 a.m. Marvin Fuller,President ATTEST: Samuel Satterwhite, Director