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Council delays vote on Tollway land sale extension

Published: Thursday, November 6, 2008 8:55 PM CST
Several City Council members sparred with Zarky Development over the extension of a deadline for the company to purchase land from the city along the Dallas North Tollway.


The council voted, 3-2, to table the decision until December so further information may be obtained before making a decision. Mayor Pro Tem Tony Felker cast the tiebreaking vote. He led the council meeting because Mayor Maher Maso was out of town.

A Zarky representative asked for a two-year extension on the sale, citing the economy and changes in the scope of the development for the delay.

“For the current economic situation within the country … there are significant issues we’re dealing with on the real estate investment side of the business,” Chris Curry said.

In January 2007, Zarky Development agreed to purchase 15 acres at the southeast corner of Main Street and the Tollway by January 2009. At the time the city, Frisco ISD, and other partners were planning a development in the area that would include an arena which would be built somewhere on 90 acres owned by Zarky. When planners determined the location, the city would swap its 15 acres for the land designated for the arena.

During the planning process, the management at the Dr Pepper StarCenter changed, and the parties agreed that renovating the Frisco StarCenter to accommodate a crowd large enough for FISD graduations would be more cost efficient than building a new arena. They cancelled plans for a new arena.

City officials also began developing plans for Grand Park during this time, which will be directly south of Zarky’s property. Several City Council members said that they wanted assurance that Zarky would leave a cluster of trees on the property untouched to help the development flow into Grand Park, but they did not receive a strict confirmation.

Curry said that Zarky values the trees, but does not have enough information on the development to confirm that they will be left standing.

“The trees might help us create something unique that doesn’t exist in this area,” Curry said.

The proposed amendment states that Zarky will “use commercially reasonable efforts to develop plans for the property that will allow for the preservation of mature, viable trees … provided that such plans are consistent with the development requirements and intended use of the property in Zarky’s commercially reasonable discretion.”

City Manager George Purefoy encouraged the council to approve the extended agreement, because Zarky is required to deliver $500,000 in earnest money for the land. If they fail to close on the property, the city will have half a million dollars and may then pursue other plans for the land. If the council didn’t approve the agreement, Purefoy said that Zarky may walk away from the deal and the city may have a difficult time finding another buyer in the economic climate.

Council member Scott Johnson said that he disagreed with Purefoy’s assessment, and said that the city will be able to use the land most appropriately and tie it into Grand Park if it is under city ownership.

Curry said that Zarky is very interested in purchasing the land, and that the $500,000 in earnest money should prove its intent. With changing development plans, he said that the company needs more time to make sure they plan the development correctly and wait for the economy to bounce back.

The council also approved the $800,000 purchase of a tract of land along Preston Road south of Main Street to build a water storage tank. City officials acknowledged that a water tower may not be the most visually attractive use of the land, but they plan to also use the space for a sculpture garden.

Former Mayor Mike Simpson expressed his opinion in support of the land purchase and landscaping plans.

“I think it can be turned into something very attractive, and I like the idea of a sculpture park,” Simpson said.

Johnson was the only council member to vote against the purchase. He said that the difficult economic times should put this project on hold until the city’s financial future is more certain.

“If this were down the road four or five months … I think I’d be more supportive of it,” Johnson said.

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Frisco Taxpayer wrote on Nov 9, 2008 11:19 AM:
" A water tower south of Main Street at Preston Road? Sounds like a good plan. "
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