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2008_11.12 EDC Agenda PacketNOTICE OF MEETING OF THE KENNEDALE ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS KENNEDALE, TEXAS Notice is hereby given that a Regular Meeting will be held by the Kennedale Economic Development Corporation Board of Directors on the 12 day of November 2008 at 7:15 P.M., in the Kennedale Municipal Building Council Chambers located at 405 Municipal Drive, Kennedale, Texas, at which time the following subjects will be discussed to wit: AGENDA (SEE ATTACHED AGENDA) Dated this 8 th day of November 2008. By: Robert P. Mundy, President I, the undersigned authority, do hereby certify that the above Notice of Meeting of the Economic Development Corporation Board of Directors is a true and correct copy of said Notice and that I posted a true and correct copy of said Notice on the bulletin board of City Hall of said City in Kennedale, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted on November 8, 2008 at 4:00 o'clock P.M., and remained so posted continuously for at least 72 hours preceding the scheduled time of said Meeting. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, are requested to contact the undersigned at (817) 483 -1296 five (5) work days prior to the meeting so that appropriate arrangements can be made. Dated this the 8 th day of November 2008. By: Kathy Turner, Secretary to EDC AGENDA KENNEDALE ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS REGULAR MEETING — NOVEMBER 12, 2008 405 MUNICIPAL DR. — KENNEDALE MUNICIPAL BLDG. COUNCIL CHAMBERS 7:15 PM CALL TO ORDER ROLL CALL I. REGULAR ITEMS a. Review and consider action to approve minutes: regular meeting dated October 21, 2008, and special meeting dated October 28, 2008. b. Review and consider action to approve KEDC Financial Reports. C. Review and consider action to change date and time of future meetings. d. Discussion of Economic Development Director's position. II. STAFF ANNOUNCEMENTS/REPORTS a. KEDC Director Announcement/Reports 1. Update on Town Center Projects. 2. Update on grants for 08/09 and on upcoming grant prospects. III. PRESIDENT/BOARD ANNOUNCEMENTS/REPORTS a. President Announcements /Reports 1. Report agenda items to be posted for future meetings. IV. EXECUTIVE SESSION a. The Board of Directors will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, sale, exchange, lease, or value of real property. b. The Board of Directors will meet in closed session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee. V. RECONVENE INTO OPEN SESSION AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION. VI. ADJOURNMENT Page 1 of 1 Staff Report To KEDC Board of Directors Date: November 7, 2008 Agenda Item No: I -a Subject: Review and consider approval of meeting minutes. Originated by: Kathy Turner, KEDC Secretary Summary: Draft copy of minutes reflecting action taken during regular meeting held on the 21 day of October, 2008, and special meeting held on the 28 day of October 2008. Recommendation: Recommend Approval. Disposition by KEDC Board of Directors: 281 MINUTES KENNEDALE ECONOMIC DE ENT CORPORATION REGULA = 21, 2008 405 MUNICIPA MUNICIPAL BLDG. President, Robert Mundy called th : - eting to order at 7:18 p.m. Members present: President, Robert Mundy; Vice - President, Beverly Hayes, Board of Directors Darrell Erwin, Rebecca Mowell, and Mark Yeary. Doug Parker arrived at 7:40 p.m. Members absent Board of Director, Donnie Graham. Staff present: Bob Hart, Executive Director; Mike Soab, KEDC Director; Kathy Turner, Secretary; and Sakura Moten, Treasurer. I. REGULAR ITEMS a. Introduction and seating of Jon Mark Yeary, new KEDC Board of Director (Place 6). b. Consider election of President and Vice - President to serve a one -year term. Rebecca Mowell moved to elect Robert Mundy as President, second by Darrell Erwin. Motion carried. Darrell Erwin moved to elect Beverly Hayes as Vice - President, second by Rebecca Mowell. Motion carried. C. Review and consider action to approve minutes: regular meeting dated July 22, 2008, and special meeting dated July 29, 2008. Beverly Hayes moved to approve regular meeting minutes dated July 22, 2008, second by Rebecca Mowell. Motion carried. Rebecca Mowell moved to approve special meeting minutes dated July 29, 2008, second by Darrell Erwin. Mowell, Erwin, Mundy, and Yeary voted aye, while Hayes abstained due to absence of meeting. Motion carried. d. Review and consider action to approve Economic Development Revitalization Grant to Lance Crosswhite for the demolition of Kennedale's old city hall and its redevelopment into a modern office building. Prior to discussion on this item, Board of Director's Darrell Erwin and Rebecca Mowell filed Conflict Disclosure Statements and recused themselves from discussion and action on this item. Robert Mundy moved to table action to approve Economic Development Revitalization Grant to Lance Crosswhite for the demolition of Kennedale's old 282 city hall and its redevelopment into a modern office building. Motion second by Beverly Hayes. Motion carried with Mundy, Hayes, Yeary, and Parker voting aye to table item. It was also explained that if Mr. Crosswhite started work prior to grant approval, it would be at his own discretion, and would not guarantee reimbursement for such expenses. e. Review and consider action to approve visual and functional grant payments for Richard Hollis dba Subway (applicant). Beverly Hayes moved to authorize grant payments of $21,681.40 as a Functional Grant, and $2,807.40 as a Visual Grant to Richard Hollis dba Subway. Motion second by Darrell Erwin. Motion carried. f. Review and consider action to approve policy for staff actions authorizing repairs and improvements to properties owned by the corporation. Rebecca Mowell moved to authorize staff to make emergency repairs, if needed to the TownCenter Shopping Plaza in an amount not to exceed Five Thousand Dollars ($5,000.00), second by Darrell Erwin. Motion carried. g. Workshop and discussion of TownCenter Kennedale development concepts, timing, and financing. David Johnson, Developer addressed the KEDC with proposed plans to redevelop the TownCenter Plaza, and provided pictures to the Board reflecting some of his redevelopment projects in Cedar Park. Next, Bob Hart provided a presentation on economic development tools, which addressed Tax Increment Reinvestment Zones, Municipal Management Districts, Public Improvement Districts, Municipal Utility Districts, and Chapter 380, Local Government Code to assist with the redevelopment of the TownCenter. II. STAFF ANNOUNCEMENTS/REPORTS a. KEDC Executive Director Announcement /Reports. 1. Introduction of Sakura Moten - Dedrick, Director of Finance /Treasurer. Bob Hart, City Manager introduced newly hired Director of Finance, Sakura Moten - Dedrick, KEDC Director Announcement /Reports 1. Update on Town Center Projects. Mike Soab, KEDC Director briefed the board on the recent gas lease on KEDC properties stating that the bonus had been rescinded, provided pictures of public art painted trains that will be placed on various city properties for public 283 viewing for the boards review, and spoke of recent meetings held with prospective developers. 2. Update on upcoming grant prospects. Mike Soab, KEDC Director implied that Foxy Propaganda would be relocating their Arlington office to Kennedale, and would be seeking an additional grant. III. PRESIDENT/BOARD ANNOUNCEMENTS/REPORTS a. President Announcements/Reports 1. Agenda posting requirements. President, Robert Mundy briefed the Board on a recent Attorney General ruling in regards to agenda item postings. Mundy advised that future agenda items must contain a descriptive matter in what is to be discussed in order to meet the Open Meetings Act, and if any board members had any items of interest to report to please notify him to place on the agenda for discussion. 2. Report agenda items to be posted for future meetings. President, Robert Mundy requested that the following items be on -going agenda items: approval of finance reports, report agenda items to be posted for future meetings, and date and meeting time changes for future meetings. 3. Date and meeting time changes for future meetings. Board of Directors concluded to schedule the next regular meeting for Wednesday, November 12, 2008 to begin at 7:15 p.m. No further discussion, President, Robert Mundy recessed the meeting at 10:01 p.m. to enter into executive session. IV. EXECUTIVE SESSION The Board of Directors will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, sale, exchange, lease, or value of real property. V. RECONVENE INTO OPEN SESSION AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION. President, Robert Mundy reconvened into open session at 10:43 p.m. a. Review and consider action to approve Resolution authorizing staff to negotiate in good faith the sale, leasing, or otherwise transfer of ownership for the redevelopment of TownCenter Kennedale. Darrell Erwin moved to approve Resolution authorizing staff to negotiate a feasibility plan with David Johnson, contingent upon Section 2, first sentence being amended to 284 read " The EDC hereby authorizes the city staff to exclusively negotiate with David Johnson, ..." Motion second by Doug Parker. Motion carried. VI. ADJOURNMENT Doug Parker moved to adjourn the meeting at 10:45 p.m., second by Darrell Erwin. Motion carried. APPROVED: President, Robert Mundy ATTEST: Kathy Turner, Secretary 285 KENNEDALE ECONOMIC DEVELJKNW, CORPORATION SPECIAL R 28, 2008 405 MUNICIPAL D ICIPAL BLDG. President, Robert Mundy called the special meeting to order at 7:16 p.m. Members present: President, Robert Mundy, Board of Directors Doug Parker, Donnie Graham, and Mark Yeary. Members absent: Vice - President, Beverly Hayes, Board of Directors Rebecca Mowell, and Darrell Erwin. Staff present: KEDC Director, Mike Soab. I. REGULAR ITEMS a. Review and consider action to grant application from Lance Crosswhite for redevelopment of former Kennedale city hall site. Doug Parker moved to authorize grant application from Lance Crosswhite for redevelopment of former Kennedale city hall site with a maximum grant cap of up to Thirty Two Thousand Dollars ($32,000.00) based on a twenty percent (20 %) reimbursement ratio subject to the following conditions listed in agreement: (1) demo the existing building, (2) design and construct the improvements as per applicant's application package and statements made, (3) occupy and operate the project as an office for three (3) years after the written documentation required by Section 7(b) of the Agreement is received by the Corporation, (4) occupy the facility with at least three people and employee at least two (2) additional people during the following year, (5) make a capital investment (including all expenses incurred) in the property in an amount equal to at least One Hundred Fifty Thousand Dollars ($150,000.00) by April 30, 2009, (6) if applicant's company (21s' Century Direct) does not occupy the new facility for the stated three (3) years, applicant's obligation to repay the Revitazliation Grant extended shall be waived, provided: a. Applicant sells or rents the building to another company of equal economic value to the City or to a City sales tax generator; b. If the building becomes vacant, Applicant makes a good faith effort to sell or lease the building (e.g. putting up a sale or rental sign, hiring a Real Estate company to market the site) or; 286 c. Any obligation for Applicant to repay any grant monies for any reason shall be reduced by the number of full months the applicant /building meets the above standards in increments of 1/36 per month in compliance. At the end of the third year of compliance, any obligation to repay is null and void. Motion was second by Donnie Graham. Doug Parker, Donnie Graham, and Mark Yearly voted aye, while President, Robert Mundy, voted nay. Motion carried. (3 -1). b. Review and consider action to add agenda items to future meetings. No action on this item. C. Review and consider action to change date and time of future meetings. President, Robert Mundy advised that the next regular monthly meeting is scheduled for Wednesday, November 12, 2008. VI. ADJOURNMENT Doug Parker moved to adjourn the meeting at 8:47 p.m., second by Mark Yeary. Motion carried. (4 -0). :••:• President, Robert Mundy ATTEST: Kathy Turner, Secretary to EDC To KEDC Board of Directors Date: November 7, 2008 Agenda Item No: I -b Subject: Review and consider action to approve KEDC Financial Reports. Originated by: Kathy Turner, Secretary to EDC Summary: Due to year -end, EDC Financial reports will not be available until Monday or Tuesday. Once they are completed, Sakura will email them out to the board prior to the meeting for your review. Recommendation: Disposition by KEDC Board of Directors: To KEDC Board of Directors Date: November 7, 2008 Agenda Item No: I -c Subject: Review and consider action to change date and time of future meetings. Originated by: Kathy Turner, Secretary to EDC Summary: Board of Directors will discuss future meeting dates and time, and make a recommendation for the next scheduled meeting. Recommendation: Disposition by KEDC Board of Directors: Mkujt'�J VGU 0 ' J, Jto'�'J Date: Wednesday, November 12, 2009 Agenda Item No: I -d Subject: Economic Development Director's Position Originated by: Mike Soab, SCLS Summary: Effective January 31, 2009, Mike Soab is retiring from the full -time position of Director of Economic Development for Kennedale. Disposition by KEDC: CADocuments and Settings\ cbrown \mydocuments\samplestaffreport Mike Soab From: Mike Soab ent: Friday, November 07, 2008 10:35 AM ro: Becky Mowell; Beverly Hayes; Bob Hart; Darrell Erwin; bonnie Graham; Doug Parker EDC ; Kathy Turner; Mark Yeary; Mike Soab; Robert Mundy - ATT &T; Sakura Dedrick Subject: Retirement Dear Board of Directors: In order to lock in my Texas Municipal Retirement System benefits, I am retiring from full -time employment in Kennedale effective January 31, 2009. As you may know, TMRS rules state that one can work part -time drawing retirement benefits but not full -time from the city they retire from. I am placing an agenda item on both the regular and closed sessions for the next EDC meeting — Wednesday, Nov. 12 at 7:15 PM for your discussion about the ED Director's position. It has been and is a pleasure working with the great people of Kennedale and especially with the EDC Board and City Staff. Together we have accomplished much since May of 2006 — however it is only the start of Kennedale's redevelopment and the future is bright. Sincerely, �"_ 06a Mike Soab, SC Director - Kennedale E.D.C. msoab(4 cityofkennedale. com City of Kennedale, TX 475 Municipal [give Kennedale, TX 76060 tiff: 817 - 985 -2103 Celle g17- 688 -7600 To KEDC Board of Directors Date: October 16, 2008 Agenda Item No: 11 Subject: Staff Announcements /Reports Originated by: Kathy Turner, Secretary EDC Summary: Board of Directors will receive announcements /reports from the following: a. KEDC Director Announcement/Reports 1. Update on TownCenter Projects. 2. Update on grants for 08/09 and on upcoming grant prospects. Recommendation: Disposition by KEDC Board of Directors: \ Cl \ � w w _ $ « \ U) D \ R m e 2 ƒ 0 , k \k. 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A C Qi C 3 ECG G Q E d d � i p 49 t/1 C fn V f.7 d _ cam` C7 � c c + d, R fl C O LL Il w to a+ £ m 0 mW Z w d c .` O �{ 4 ca d c w u 0) 0 N c O V DO C 4) LL tts ?� co c O ci v v LL Rol= To KEDC Board of Directors Date: November 7, 2008 Agenda Item No: III Subject: President Announcements/Reports Originated by: Kathy Turner, KEDC Secretary Summary: President Announcements /Reports Disposition by KEDC Board of Directors: Staff Report To KEDC Board of Directors Date: November 7, 2008 Agenda Item No: IV. Subject: Executive Session. Originated by: Kathy Turner, KEDC Secretary Summary: a. Board of Directors will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, sale, exchange, lease, or value of real property. b. The Board of Directors will meet in closed session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee. Recommendation: =-, wifiewmamn 99M= To KEDC Board of Directors Date: November 7, 2008 Agenda Item No: V. `d Subject: Reconvene into open session and take action necessary pursuant to executive session. Originated by : Kathy Turner, Secretary to EDC Summary: Recommendation: Disposition by KEDC Board of Directors: ,6 xmot�