BOOK 1 Page 594 02/14/00 1:00 P.M. MINUTES OF THE SPECIAL COMMUNITY REDEVELOPMENT AGENCY MEETING OF FEBRUARY 14, 2000, AT 1:00 P.M. PRESENT: : Chairman Mollie C. Cardamone, Vice Chairman Gene M. Pillot, Members Albert F. Hogle, Carolyn J. Mason and Mary J. Quillin, City Manager David R. Sollenberger, Secretary Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Chairman Cardamone Chairman Cardamone called the meeting to order at 1:00 P.m. 1. INTRODUCTION (AGENDA ITEM 1) #1 (0000) through (0050) City Manager Sollenberger stated that the Wynnton Group, Inc. (Wynnton Group) represented by Robert Schiffman, President, will present a proposal regarding the acquisition of the House of Golf property located at 1515 Fruitville Road for the Sarasota County Area Transit (SCAT) transfer facility; that an expression of interest by the Community Redevelopment Agency (CRA) in the proposal is being sought; that complete honesty in any interest is important to assure time and funds are not wasted; that the CRA cannot be bound to any land development decisions; that formally accepting the proposal is the responsibility of the Commission; that the Wynnton Group has major decisions to make regarding financial resources. 2. PRESENTATION RE: : PROPOSAL FOR THE CITY-OWNED LEMON AVENUE PARKING LOT AND THE SARASOTA COUNTY AREA TRANSIT BUS TRANSFER FACILITY - EXPRESSED SUPPORT FOR THE PROPOSED PROJECT AND AUTHORIZED THE ADMINISTRATION AND THE CITY ATTORNEY'S OFFICE TO PROCEED APPROPRIATELY IN NEGOTIATIONS WITH THE PARTIES (AGENDA ITEM 2) #1 (0050) through #2 (0043) Robert Schiffman, President, the Wynnton Group, Inc. (Wynnton Group), Jeff Russell, Esquire, law firm of Abel, Band, Russell, Collier, Pitchford & Gordon, Chartered, John Harshman, President, Harshman & Company, Inc., and Gary Hoyt, President, Hoyt-DSW Architects & Planners, came before the CRA. Mr. Harshman stated that two issues important to the vitality of the City are being addressed: the Sarasota County Area Transit (SCAT) transfer facility and Downtown parking; that approximately two years ago, Cy Paumier, a consultant hired by the City, recommended the House of Golf site as the best alternative for the SCAT transfer facility; that approximately 18 months ago during a Commission discussion of the SCAT transfer facility, support was indicated personally and by other individuals of the recommendation of the House of Golf site as the SCAT transfer facility; that the Commission voted unanimously to recommend the House of Golf site as the preferred option to the Countyi that the County began negotiations but came to an impasse with. the owners who desired more money for the property than the County was willing to payi therefore, negotiations ended; and distributed copies to the Commission of two petitions signed by Downtown merchants and property owners indicating opposition to maintaining and expanding the SCAT transfer facility at the Lemon Avenue site. Mr. Harshman continued that the issue remains important for Downtown property owners and merchants as evidenced by the distributed petitions; that the petitions demonstrate interest by both landowners and merchants for the relocation of the SCAT transfer facility; that the County Attorney's Office confirmed the County will use grant funds to expand the Lemon Avenue site if appropriate arrangements are not made by June 1, 2000, to acquire the House of Golf site at a price the County is willing to payi that once a SCAT transfer facility is constructed on the current site, no economically feasible means of developing the remainder of the site for a parking garage will be available; that the proposal is the result of many hours of diligent work with City and County Staff and members of the Wynnton Group development team; that the proposal includes ground-level retail in a parking garage and doubling the amount of parking the City currently has on site. Mr. Schiffman stated that subsequent to approval of the Five Points Tower project, a reliable source indicated the City was discussing with the County the sale of the City-owned site between First and Second Streets bordered to the east by Lemon Avenue for a permanent SCAT transfer facility; that personal displeasure at the prospect was expressed several months ago during a casual conversation with the Mayor and City Manager; that locating the SCAT transfer facility close to retail and office development is a negative; that the previously distributed petitions make the point the negative opinion is shared by others; that the County's grant is a u8e-AE-or-lose-t proposition to construct the SCAT transfer facility; that the primary problem is the County's unwillingness or inability to pay in excess of the appraised value for the site which has a sale price of $1.5 million; that finding a positive solution to an undesirable situation for all parties was suggested; that a solution would be a public/private partnership having positives for all parties; that the CRA is requested to understand the BOOK 1 Page 595 02/14/00 1:00 P.M. BOOK 1 Page 596 02/14/00 1:00 P.M. hesitation to come into the public forum after the difficult and controversial approval process for the Renaissance of Sarasota and Five Points Tower projects; that personal sanity has been questioned in engaging in a public and political process once again; however, if a viable alternative is not put forward, the SCAT transfer facility will be constructed by default at First Street and Lemon Avenue; that proactively obtaining a solution benefiting the City, County, the Wynnton Group, and Downtown merchants and landowners, as well as individuals shopping, driving, or working in Downtown is important to the Wynnton Group; that the Wynnton Group would not be offering to facilitate the parking garage project if no benefit would be derived and is willing to pay the difference between the County's funding and the House of Golf property owner's price to gain additional flexibility for the Five Points Tower project; that the City's permission to convert floors six and seven in the Five Points Tower from parking to office space is requested; that parking at First Street and Lemon Avenue will be replaced, allowing 40,000 or 50,000 square feet in additional leaseable area in the Five Points Tower; that tenants requiring a higher ratio of parking- to-office space will be accommodated; that eliminating the drive- though at Five Points Tower to reduce traffic on First Street is offered; that the Wynnton Group would not be faced with the damage to property values inherent in having the SCAT transter facility permanently located at First Street and Lemon Avenue; that public benefits in the parking garage project accrue; that the County. has indicated paying in excess of $1,050,000 for the House of Golf site is not possible; that the Wynnton Group's paying the difference between available County funds and the $1.5 million asking price for the House of Golf site results in the County's obtaining a preferred site for the SCAT transfer facility; that the City has requested 250 parking spaces in the proposed parking garage in addition to a commercial component at street level with additional parking, producing a pedestrian- friendly ground floor and developing an improved linkage between Main Street and Fruitville Road, and allowing the City to more than double existing parking; that the Wynnton Group's proposal is in response to Downtown merchants' and cultural destinations* requirements; that any other citizen, landowner, company, or merchant in the City could also buy parking spaces for the same cost per space as the City and the Wynnton Group. Mr. Hoyt displayed on the overhead projector a layout of the proposed parking garage with early diagramming of the site potential and stated that a review of the Regional/Urban Design Assistance Team Study, November 1983 (R/UDAT Study), revealed clearly the block bounded by First and Second Streets and Central and Lemon Avenues presently used as surface parking is a good location for a parking structure; that the site was specifically addressed in the R/UDAT Study; that the focus was on a grade- level layout providing considerable pedestrian space; that open space will be provided approximately 12 feet from the existing curb; that discussions with Staff indicated the possibility of moving the sidewalk out an additional 10 to 12 feet as the Lemon Avenue curb is further west than other curbs in the area; that the building above is an arcade with an additional setback of 12 feet; that two commercial areas will be constructed, one approximately 8,000 square feet and the other approximately 2,600 square feet, creating a commercial area along Lemon Avenue and along First Street at grade level in conformance with the intent of the City and the R/UDAT Study recommendations to maintain ground-level commercial uses; that elevations have not been determined; that entrance on the ground level is from Second Street on grade; that the upper levels are entered from First Street; that openings have been provided to facilitate walking from the structure in all directions; that an ample loading area will be provided; that stairs are located near the intersection of Second Street and Lemon Avenue; that an elevator entrance will be on the south side of the structure; that a pedestrian area of approximately 20 feet at Lemon Avenue and First Street is proposed; that designing the exterior of a garage and surrounding areas sO the individual floors of the garage are horizontal is important; that horizontal floors would be difficult if the site were 10 to 20 feet less in either direction; that the interior floors of the parking garage will have a 5 to 5.5 degree slope; that the perimeter of the garage is flat; that the design of the garage provides flexibility for expansion; that the proposed parking garage will contain 723 parking spaces in four levels; that floor-to-floor heights range from 12 to 14 feet; that the ground level commercial will be 10 to 12 feet. Attorney Russell stated that the County has until June 30, 2000, to satisfy the requirements of the Florida Department of Transportation (FDOT) grant; that the County can use the grant funds; that the FDOT grant was premised upon the selection of a specific site; that the Wynnton Group has executed a contract for $1.5 million with the House of Golf property owners; that as of 5 p.m., February 14, 2000, the Wynnton Group has the right to cancel the contract or go forward with a $50,000 deposit; that the Wynnton Group will go forward if the CRA expresses interest in the proposed parking garage project; that entering into a contract between the City, County, and the Wynnton Group is desired; that following are the required components of the contract: Designing the garage and obtaining approval from the City regarding the City's requirements Applying for site plan approval and at the same time the City's approving the requested changes of the Five Points Tower BOOK 1 Page 597 02/14/00 1:00 P.M. BOOK 1 Page 598 02/14/00 1:00 P.M. Rezoning the Lemon Avenue site as the site is currently in the Governmental Use (G) Zone District and Staff has opined rezoning the site to Commercial, Central Business District (C-CBD) Zone District is appropriate Developing an off-site parking agreement Attorney Russell continued that the Wynnton Group will pay processing costs associated with the proposed parking garage except for the rezoning which should be City-initiated as the property is owned by the City; that upon approval of the proposed project, the Wynnton Group will purchase the Lemon Avenue site from the City for $1.5 million; that the Wynnton Group will own the property on a temporary basis; that upon contract closing on the site, the Wynnton Group will Einance and construct the parking garage to specifications and according to a site plan; that upon receipt of a Certificate of Occupancy (CO), the garage will be converted to a condominium parking garage; that the City will retain the ground floor level and one level above providing the necessary number of parking spaces; that the Wynnton Group will own the remainder of the garagei that public notice of the opportunity to purchase parking spaces will be provided; that additional floors can be constructed; that the air rights of the garage will be owned by the condominium owners association; that air rights can be purchased for an additional floor for construction at a later time; that a public/private partnership will exist; that the City will not be required to expend any funds for the project until the CO is issued; that after the CO is received, the City will purchase the ground floor and the level above at a price requiring a formula calculation; that a formula for a fair and equitable repurchase will be set forth in a contract between the City and the Wynnton Group; that the property will be jointly managed by the City and the Wynnton Group; that upon approval of the proposed parking garage, the Wynnton Group will sell the House of Golf site to the County at the requested price of $1,050,000; that the new SCAT transfer facility can be constructed without disturbing current SCAT transfer operations; that the County supports the House of Golf site for relocation of the SCAT transfer facility; that Commission affirmation of the proposed parking garage project is required; that executing a contract within two weeks is desired. Vice Chairman Pillot stated that the price to pay the City for the purchase of the property is $1.5 million; that the indication is an equitable formula for the purchase of portions of the garage is required; and asked if the additional amount above $1.5 million necessary to purchase the City's share can be estimated? City Manager Sollenberger stated that $2 to 2.5 million will be required. Vice Chairman Pillot asked if a source for the additional funds is foreseen? City Manager Sollenberger stated yes. Attorney Russell stated that two reasons for taking the proposed approach are: 1) private enterprise can probably accomplish the project less expensively than a public endeavor and 2) the City would have a bonding problem initially as the use by the private sector is of more than 50 percent of the building; that the test for public purposes would not be met; that bonding will not be a problem for the City in buying the floors which will be used strictly for public benefit. Member Quillin stated for clarification that the meeting is not of the Commission but rather the CRA; and asked who requested finding a solution? Mr. Schiffman stated that the Wynnton Group and Downtown landowners identified the problem; that during a casual conversation with the Mayor and City Manager, a positive solution rather than complaining about the situation was suggested; that approximately $70,000 and several hundred staff hours have been expended to formulate a solution benefiting both the public and private sectors; that expending several hundred thousand additional dollars and several hundred staff hours over the next three or four months to learn the expenditures have been wasted is not desired; that the City's ability to improve the Lemon Avenue site as desired will be lost if the SCAT transfer facility is located on the site. Member Quillin stated that the opinion expressed is the Wynnton Group's opinion. Mr. Schiffman stated that construction of a parking facility shared with the SCAT transfer facility will result in the loss of 20 percent of the space and all interior circulation; that seven rather than four floors will be required for parking; that building vertically rather than horizontally is very expensive. Member Quillin stated that the R/UDAT Study indicated a project should extend to Central Avenue and asked if adjoining property owners have been contacted to determine if participation in the Wynnton Group's proposed project is desired? Mr. Schiffman stated that the adjacent property owner was contacted with an offer to purchase the rear half of the property to accomplish the project; however, the offer was rebuffed. Member Quillin asked if the adjacent property owner was interested in the proposed project? BOOK 1 Page 599 02/14/00 1:00 P.M. BOOK 1 Page 600 02/14/00 1:00 P.M. Mr. Schiffman stated that any interest remains to be seen. Member Quillin asked if the adjacent property owner would be a part of the partnership? Mr. Schiffman stated that being a partner is an option. Member Quillin stated that the R/UDAT Study indicated a parking structure should extend to Central Avenue, which is also suggested in the Downtown Sarasota: Master Plan for Tomorrow (May 1986) (CRA Master Plan); that considering only a portion of the site without looking at the larger picture is a concern; and asked if the property has been appraised, and if SO, when? City Manager Sollenberger stated that the property was appraised within the past four to six months; that Hettema, Saba & Walch (Hettema) was engaged as an appraiser; that Sewell, Valentich, Tillis & Associates (Sewell & Associates) is normally employed; however, the County engaged Sewell & Associates. to perform an appraisal on the site; that the appraisal was $1,495,000 for the property; that the appraisal was ordered as the County expressed interest in the City's property and the County had an appraisal of the portion of the property sought for purchase; that an appraisal of the entire piece of property was performed to determine the value of the remainder which would be damaged due to the diminished size; that appraisals for the entire parcel, the parent parcel, and the remainder parcel exist. Member Quillin asked if the property was appraised as in the Governmental Use (G) or the Commercial, Central Business District (C-CBD) Zone District? City Manager Sollenberger stated that the appraisal erroneously indicated the C-CBD Zone District; however, the zoning would make no difference in determining value. Member Quillin stated that not being presented the appraisals for review is a concern; that the City is currently in the process of conducting a charette to update the CRA Master Plan; that placing the issue on the table is appreciated; that certain conditions must be met by the City; that the CRA cannot make the required commitments; that going through the City's regular review process is required, which is only fair; that the desirability of the City's being in a private partnership is not known; that the CRA Master Plan charette may determine the advisability of the City's being a partner in the endeavor; that a free enterprise partnership between The Downtown Association of Sarasota, Inc. (Downtown Association) and the Wynnton Group and the establishment of a special taxing district could provide the much required parking as the merchants and property owners are driving the proposal; that parking Downtown and a parking garage have been long-term issues; that the CRA is involved in the consideration of a proposed parking garage on Palm Avenue; that additional information concerning the proposal for a parking garage on Palm Avenue is necessary sO the CRA can make an informed decision. Vice Chairman Pillot stated that the proposed project is a benefit to all parties involved and to the long-range public use of the Downtown facilities; and asked if the parking garage would be designed to handle structurally the load of additional parking levels? Mr. Hoyt stated yes. Vice Chairman Pillot asked the time existing ground-level parking spaces will be lost during construction? Mr. Hoyt stated that time is a driving factor so pre-cast components for the structure are advisable; that the loss of existing parking would be for two to three months. Vice Chairman Pillot stated that two to three months is a small inconvenience for the long-range benefit. Member Hogle asked the legal impediments to the proposed project? City Attorney Taylor stated that the undertaking is significant; that preparing the basic contract will be a difficult task requiring considerable negotiation; that the Commission cannot contract away powers of zoning; that the Five Points Tower project and land development approvals at the Lemon Avenue site are at issue; that all concerned must understand the City is not entering into a contract in March 2000 which binds the Commission in the exercise of discretion; that the wording of a contract must indicate the City's good faith but also protect the public input processi that the proposed project will be a difficult endeavor; that the project can be undertaken legally or cities all over the State would be prohibited from entering into projects for the public benefit such as is proposed. Member Mason that the proposed project is personally favored; however, waiting until the CRA Master Plan is updated is preferred. Mr. Schiffman stated that at best the CRA Master Plan charette will commence in April 2000. City Manager Sollenberger stated that the charette will begin in April and conclude on May 3, 2000. BOOK 1 Page 601 02/14/00 1:00 P.M. BOOK 1 Page 602 02/14/00 1:00 P.M. Mr. Schiffman stated that closing on the House of Golf property by June 1; 2000, is required; that the Wynnton Group is not willing to close on the property unless an affirmative response to the proposed project is received; that a non-refundable $50,000 deposit is required; that the property is not worth $1.5 million; that extensions and price adjustments have been requested; however, the property owner will not cooperate; that the House of Golf property will not be purchased if an affirmative response is not received. Chairman Cardamone stated that the deadline for submitting a deposit and executing a contract is 5 p.m., February 14, 2000; that the closing date required by the House of Golf is June 1, 2000, which is also the County's deadline for determining a site for relocating the SCAT transfer facility. Mr. Schiffman stated that the approval process for the changes requested for Five Points Tower may take an extended period of time; that significant time restraints exist as beginning construction of the proposed project in June or July 2000 is required to accommodate a lead tenant who committed to the project; that construction of the Five Points Tower will commence prior to formal City approval of the requested change; that the House of Golf site has value; that a spirit of good faith is being sought; that wasting time and effort for naught is not desired; that the desire is to provide a service and a workable project for all parties. Member Quillin stated that the CRA cannot make commitments to projects such as proposed by the Wynnton Group; that the Commission makes such decisions; that the CRA has committed to the CRA Master Plan update; that a process is being followed; that the consultant, Duany Plater-Zyberk & Company (DPZ), was asked about the situation and indicated nothing should be done; that coming to the Commission a few months ago with a conceptual plan would have allowed time for consideration; that a personal commit tment cannot be given as the issue is very complex; that information has not been received from Staff; that appraisals have not been reviewed; that much additional information is required to make a rational decision; that remaining active and participating in further discussions is advocated; that agreement was reached for a deadline of June 1, 2000, at the February 9, 2000, joint meeting of the City and County Commissions due to the charette scheduled with DPZ; that the Wynnton Group should participate in the charette; that the City's plans, accomplishments, etc., will be reviewed; that the House of Golf property owner is personally known and is active in the community; that the CRA cannot make a substantial commi tment without additional information, especially an appraisal; that a review of any proposal by the owner of the former Palmer Bank property on the other side of the City's parking lot should be conducted. Vice Chairman Pillot stated that a good faith, not a formally binding, expression is being requested which is reasonable; that the members sit as the CRA and not the Commission but are the same five people; that the CRA will likely make the same decision as the Commission absent compelling evidence to the contraryi that an indication was the CRA cannot make a commitment; however, a personal commitment will be made. City Manager Sollenberger stated that no bank drive-throughs in the proposed parking structure nor the Five Points Tower structure will exist; that the Commission cannot contract away governmental powers with respect to zoning and other land regulations; that the Wynnton Group has been made aware and understands the City cannot contract away governmental powers; and distributed a memorandum dated February 14, 2000, to the Commission emphasizing the necessity to have all information on the table. City Manager Sollenberger continued that discerning major impediments or hesitation is important; that the County has over a $2 million grant to acquire and develop the SCAT transfer facility; that the grant will be rescinded if FDOT is not provided a site commitment by June 30, 2000; that the County could obtain another extension only if serious commitments are made; that the Wynnton Group's proposal was discussed at the February 9, 2000, joint meeting of the City and County Commissions; that a misunderstanding may exist; that the County believes the City will sell a portion of the Lemon Avenue parking lot to the County and the City would have the recommendations from the charette to guide design if purchasing the House of Golf location fails to materialize by June 1, 2000; that the City believes the City will be in a position to know if the SCAT transfer facility location and design are compatible with the DPZ plan following the charette and could then proceed with the sale; that the County has the expectation the City Commission will execute a deal if the House of Golf property is not obtained. Chairman Cardamone stated that a deal was not made at the February 9, 2000, joint meeting of the Commissions due to the complexities involved; that if the County were to purchase the Lemon Avenue site, a personal vote would be cast to insist the County replace parking spaces lost due to construction of the SCAT transfer facility; that loss of City parking was not part of the discussion; that as one individual opposed to the use of the Lemon Avenue property for the SCAT transfer facility, negotiation concerning parking would be required; that 114 parking spaces BOOK 1 Page 603 02/14/00 1:00 P.M. BOOK 1 Page 604 02/14/00 1:00 P.M. cannot be provided to the County for use as the SCAT transfer facility, the location of which is not personally supported. Member Quillin stated that County Commissioner David Mills indicated other sites can be examined while the charette is being conducted; that siting the SCAT transfer facility and constructing a parking garage have more parameters than currently are being examined. Chairman Cardamone stated that the County has had three years to look for sites; that letters have been received indicating interest in the Lemon Avenue site; however, other sites can be researched. Member Quillin stated that other sites have been discussed; that DPZ's recommendation is not to do anything at this time; that DPZ may develop specific criteria as a result of the charette sO the City can have a transportation system which may work. City Manager Sollenberger stated that a misunderstanding of the outcome of the February 9, 2000, joint meeting of the Commissions exists. Chairman Cardamone stated that the City has not committed to sell the Lemon Avenue property to the County. City Manager Sollenberger stated that the City and County previously agreed upon the House of Golf site based on the recommendation of Cy Paumier, the consultant for the original CRA Master Plan; that the County has been unable to negotiate the $500,000 difference between the appraised value and the price acceptable to the owner; that the consultant recommended developing the City's Lemon Avenue parking lot and the property to the west currently owned by Dr. Murray Klauber as a unified project with a parking structure wrapped by commercial/mixed use development; that in the fall of 1999, the Wynnton Group proposed to negotiate a contract for the House of Golf site and sell it for use as the SCAT transfer facility at the County's appraised price and absorb the difference; that in return, the Wynnton Group would seek a private/public partnership with the City to develop a parking structure to relocate approximately 400 parking spaces from the Five Points Tower developing public parking and leaseable commercial space at City expense; that the Lemon Avenue parking lot does not operate to capacity as the lot does not drain properly; that the northwest quadrant floods aiter a storm; that additional parking spaces could be a stimulus to the retail market on Main and First Streets; that stimulating pedestrian use of Downtown is important; that the ground level of the proposed parking structure may be ahead of the market; that the Wynnton Group indicated the ground floor would be best used initially as office space and later converted to retail; that a specific proposal from the Wynnton Group was expected in December 1999 or January 2000; however, more time than anticipated was required; that the Wynnton Group has a contract on the House of Golf property requiring a substantial deposit by 5 p.m., February 14, 2000; that the Wynnton Group wishes to learn the City's level of interest prior to making a decision to proceed or not; that Dr. Klauber indicated a desire to propose a unified project but will proceed with planning subsequent to the charette; that Staff met with Dr. Klauber and Albert Alphonso, Architect, several weeks agoi that a development involving the Selby Five Points Park area and extending to the City's parking lot and beyond was presented; that a discussion with Dr. Klauber occurred on Friday, February 11, 2000; and distributed copies of a February. 11, 2000, facsimile from Dr. Klauber to City Manager Sollenberger indicating a desire to prepare a plan and submit a proposal and objection to anything going forward until the charette is completed. City Manager Sollenberger stated further that the Wynnton Group is in advance of Dr. Klauber's proposal; that the County's $2 million plus grant is at risk; that the amount of property the County requires at Lemon Avenue will likely render the site unsuitable for a parking structure; that the County indicated 150 feet of the 250-foot frontage on First Street is required, leaving the City with a parcel of 100 feet by 130 feet; that Rich and Associates declined to render a decision as to use of the site as the site was too small; that the appraisal prepared by Hettema and Dooley and Mack/Forristall Contractors, Inc., indicated a minimum of 130 feet will be required on First Street with 210 feet in depth, or approximately 27,300 square feet, to construct the desired parking structure; that locating the SCAT transfer facility on Lemon Avenue would leave inadequate space for development of a parking structure; that the City has commissioned an update of the CRA Master Plan which may or may not support the proposals of the Wynnton Group or SCAT regarding location and/or design; that the Wynnton Group can be expected to drop the proposal if a strong sense of support is not obtained; that the House of Golf site will not be available at a price a public body is willing to payi that a number of property owners and merchants have signed petitions opposing locating the SCAT transfer facility at Lemon Avenue; that County Commissioner Mills indicated the personal impression the City merchants desired locating the SCAT transfer facility at Lemon Avenue; that knowing a substantial number of Downtown businesses oppose the Lemon Avenue site is important; that the City will receive a public/private parking garage with space available for commercial/retall use if the Commission proceeds with the Wynnton Group's proposal; that the City will lose any possible opportunity for a unified development compatible with the DPZ BOOK 1 Page 605 02/14/00 1:00 P.M. BOOK 1 Page 606 02/14/00 1:00 P.M. plan for the Lemon Avenue property if the City proceeds with either the Wynnton Group or SCAT proposal; that timing is a problem regarding the FDOT grant and the Wynnton Group's decision to purchase the property; that the decision is a trade-off between having the benefit of guidance from a design charette versus losing the House of Golf site and being faced with the sale of the Lemon Avenue property to the County regardless of compatibility with the DPZ plan; that the City Commission's not committing to the County to sell the Lemon Avenue property may result in the City's being required to decide to sell the property to the County or being the scapegoat for the County's losing the FDOT grant if the County does not locate an alternate site; that the reason the County did not use eminent domain to acquire the House of Golf property is unknown; that eminent domain is an expensive alternative; that discussion by the CRA members is recommended. Member Quillin stated that the CRA and the City have committed over $300,000 to update the CRA Master Plan; that a petition of Downtown property owners and merchants indicating preference for locating the SCAT transfer facility outside the central business district is disturbing; that considerable information has been received indicating a preference for a location for within the central business district; and asked if the County prefers locating the SCAT transfer facility in the central business district? City Manager Sollenberger stated yes. Member Quillin stated that the names of business and property owners signing the submitted petitions are recognized; that some business and property owners did not sign the petition; that the anticipation is the sale price for the House of Golf property will still be $1.5 million in six months; that the House of Golf property owner should partner with the City; that the City is conducting a charette; that the House of Golf site should be part of the consideration at the charette. Mr. Schiffman stated that only the current owner of the House of Golf site will have control once the contract expires; therefore, raising the asking price is not precluded; that the County is not willing to pay more than $1,050,000 regardless of the asking price; that Dr. Klauber's positive response is pleasing, particularly as Dr. Klauber indicated a willingness to volunteer funds toward the purchase of the House of Golf site; that Dr. Klauber's interest in cooperative efforts is appreciated; that the Wynnton Group has assured a location is available for the SCAT transfer facility; that working with Dr. Klauber or any other private citizen will be entertained; that a good piece of property exists Downtown; that the Wynnton Group has proposed a very positive use for the property. Vice Chairman Pillot asked the Administration's recommendation? City Manager Sollenberger stated that the decision to express interest in the Wynnton Group's proposal is the most difficult type of decision; that the choice is between construction of a parking facility and the SCAT transfer facility; that construction of a parking structure is recommended; that the reaction if DPZ determines the parking structure should not have been constructed cannot be predicted; that building a parking structure may be questioned; that the response should be a solid agreement exists and relocating the SCAT transfer facility away from a piece of property which could be diminished in value and utilization is good judgment; that in 1999 Cy Paumier recommended the House of Golf site as the first choice for the SCAT transfer facility and has recently recommended constructing a parking and mixed-use structure at the Lemon Avenue site on a unified basis. Chairman Cardamone stated that three or four years ago, her personal recommendation was not to locate the SCAT transfer facility at the Lemon Avenue site; that the Commission's prevailing thought for a long time has been against locating the SCAT transfer facility at Lemon Avenue; that decision-making cannot be halted due to a planner's being retained; that DPZ's assistance is strongly supported; however, events continue to transpire requiring decisions; that all decisions cannot be suspended until after the CRA Master Plan update; that second- guessing the charette is not recommended; that the Lemon Avenue site is too close to good shopping, restaurants, and office use to leave as the SCAT transfer facility; that the best-case scenario is the cooperation of Dr. Klauber and Mr. Schiffman resulting in the City's obtaining a wrap-around parking garage; that at a minimum, the City obtains improved parking on the Lemon Avenue site resulting in stimulation of the retail market; that no major retailer will locate in an area without adequate parking; that St. Armands Circle retailers suffered prior to providing for parking; that the design of the proposed parking structure and the inclusion of the Commission's request for retail use on the ground floor is appreciated; that a strong sense of good spirit is felt regarding the Wynnton Group's proposal. Vice Chairman Pillot agreed and stated that the proposed project is specific, tangible, solid and works for the benefit of the public and private sectors; that the required City resources are consistent with the benefit; that the hope is Dr. Klauber will be encouraged to come forward and work closely with the Wynnton Group to accomplish a combined project if the Commission supports the proposed project. BOOK 1 Page 607 02/14/00 1:00 P.M. BOOK 1 Page 608 02/14/00 1:00 P.M. On motion of Vice Chairman Pillot and second of Member Hogle, it was moved to express support for the proposed project as outlined by the Wynnton Group, Inc. Member Mason stated that a concern is the forthcoming update of the CRA Master Plan; that the proposed project is liked; however, the update of the CRA Master Plan should be completed prior to considering the proposed project. Member Quillin stated that the motion is not supported as proposals were brought to the CRA which have not been seen in writing; that commitments of the Commission are required; that the CRA should not be placed in the position of conceptually supporting a proposed project which requires Commission action; that the necessity for a SCAT transfer facility as large as proposed is not known; that bus stops exist Downtown; that much should be considered; that as a member of the MPO's Park 'n Ride Committee, parking lots outside the Downtown area from which people can be transported to the Downtown area are being reviewed; that the interest of businesspeople is exciting; that the County and City could partner with the property owners for a complete program; that the Selby Public Library, merchants in the Downtown area, business owners, Downtown employers, the County, the City, etc., require more parking; that the proposed project should be reviewed with DPZ for ideas; that a deadline should be established; that the offer is appreciated; that the current development activity in the City makes for exciting times. Member Hogle stated that the proposed project is supported; that the philosophy is liked; that the Downtown Association has shown plans indicating retail at ground level with parking above; that opinions exist on both sides of various proposed plans; that the commencement of Five Points Tower is eagerly anticipated; that a new transit transfer facility a couple of streets away from Downtown in Fort Lauderdale, Florida, was visited; that the facility is well built, well landscaped and does not appear as a deterrent to the area; that the House of Golf site appears to work in the City; that the DPZ charette is also anticipated but should not hold up common sense; that additional opportunities may also be presented. Attorney Russell stated that the Wynnton Group's proposal will be presented to DPZ if appropriate. Chairman Cardamone stated that reviewing the proposed project with DPZ would be expected but cannot be accomplished by 5 p.m., February 14, 2000. Member Quillin stated that an integral part of the DPZ process is public input. Chairman Cardamone stated that the hope is the Wynnton Group will participate in the DPZ charette. City Manager Sollenberger stated that the hope is the Wynnton Group will have the proposed project plans reviewed by DPZ, which has a strong urban design philosophy requiring implementation at the beginning of a project. City Attorney Taylor stated that the next step for the City Attorney's Office would be the development of a contract which will incorporate many details; that time will be of the essence once the contract is negotiated; that public input will be received, which can cause difficulties in meeting timelines; that consideration could be given to receipt of public input and required timelines; and asked if the intent of the motion is to authorize the City Attorney's Office to proceed to negotiate a contract for discussion. Vice Chairman Pillot stated that the Wynnton Group's offer to speak to DPZ is appreciated but may be moot; that the risk is not on the CRA's side of the table; that the vote will likely be 3 to 2 to support the proposed project; therefore, the Wynnton Group must evaluate the results and make decisions; that the risk of making a financial commitment and subsequently determining DPZ does not favor the proposed project is on - the side of the table occupied by the Wynnton Group; that the CRA has not taken much of a risk; however, the Wynnton Group may take a significant risk based on the evaluation of the CRA's action; that implicit in the motion is authorization for the Administration and the City Attorney's Office to proceed as appropriate in the development of a contract; that public input may become moot as CRA members would not like to ask the public's opinion of a prior vote after the Wynnton Group has taken action in accordance with the vote. City Attorney Taylor stated that public input will be allowed at the time the contract is presented for Commission approval. Vice Chairman Pillot stated that the details of the contract will and should be discussed. Mr. Schiffman stated that a written list of questions would be appreciated if CRA assent exists and the Wynnton Group proceeds with executing a contract. Chairman Cardamone stated that the minutes and the video tape of the February 14, 2000, Special CRA meeting will reflect the members' concerns; that a risk is being taken in extending an expression of support in spirit; that reducing questions and BOOK 1 Page 609 02/14/00 1:00 P.M. BOOK 1 Page 610 02/14/00 1:00 P.M. concerns to writing is not a problem; that the Administration can develop a list of questions for consideration. Membei Quillin stated that the motion is more than an expression of support in spirit; that the motion includes direction to the Administration and the City Attorney's Office to work on contracts without public input or going through the process; that additional comments will not sway others' votes; that the motion is not supported. Mayor Cardamone called for a vote on the motion to express the CRA's support for the proposed project and to authorize the Administration and the City Attorney's Office to proceed appropriately in negotiations with the parties. Motion carried (3 to 2): Hogle, yes; Mason, no; Quillin, no; Pillot, yes; Cardamone, yes. 3. CITIZENS I INPUT (AGENDA ITEM 3) #2 (0043) through (0454) Paul Thorpe, Executive Director, The Downtown Association of Sarasota, Inc. (Downtown Association), 1818 Main Street (34236), came before the CRA and stated that not many problems with the presentation made by the Wynnton Group, Inc. (Wynnton Group) exist; that sketches personally produced without the benefit of a professional architect but similar to those of the Wynnton Group were presented to the City; that at its February 7, 2000, Regular meeting, the Commission was presented a letter from the Downtown Association indicating pedestrian safety in accessing the House of Golf site is a concern; that the proposed project could be developed on another location such as a large lot near St. Martha School; that a discussion with the Sarasota County Area Transit (SCAT) has occurred; that the Downtown Association has been cooperating to achieve a satisfactory solution to all involved; that the merchants' signing a petition indicating the undesirability of employees riding a bus to Downtown seems strange; that not doing things together is a concern; that the City Manager met with the Wynnton Group; however, the solutions should be worked out together for everyone's benefit; that individual groups are working separately; that merchants, property owners, the Wynnton Group, the Downtown Association, the City and County should all participate and work to produce a solution to the satisfaction of all involved; that the Downtown Association is not opposed to any particular proposal but rather is trying to achieve the best solution for the entire Downtown as has been demonstrated through the 25 years the Downtown Association has attempted to work with the Administration and the Commission to accomplish results beneficial to the entire community; that some Downtown residents were irate as support for a SCAT transfer facility south of Central Avenue was indicated by the Downtown Association; that the residents feel betrayed; that keeping the SCAT transier facility at the present location is desired by Downtown condominium residents, the new Selby Public Library and the Sarasota Opera House; that 5,000 to 10,000 residents have expressed concerns about the possible relocation; that a solution best for the community is the Downtown Association's objective; that a parking garage can be developed in the Downtown area; that the sketches personally submitted included stores along Lemon Avenue and First Street; that the Downtown Association offered to take the ofiice spacei that putting a police substation in the proposed parking garage was suggested; that Downtown does not have a police substation; that a police substation near the Selby Public Library is required; that a 12-foot sidewalk is undesirable; that matching the existing sidewalks is preferred; that the Farmers' Market, which is a great asset to the community, could be expanded; that being able to work with all concerned is the Downtown Association's desire; that no hard feelings exist; that the best actions for the whole community, including property Owners and individuals living, working and playing Downtown, is desired. Chairman Cardamone stated that the expression of strong feelings is appreciated; that no actions will be undertaken which are unsafe for pedestrians and bus riders; that four trolleys will run Downtown providing a door-to-door ride and alleviating the necessity of getting off a bus and walking Downtown; that walking across Fruitville Road should not be a concern; that Fruitville Road will be made pedestrian-friendly; that having the trolleys is a fantastic concept; that the necessity for locating the SCAT transier facility in the heart of Downtown is questioned. Mr. Thorpe stated that the Downtown Association has worked extremely hard on the trolley program. Chairman Cardamone stated that the trolleys are an important means of transportation; that the reason the County believes the SCAT transfer facility should remain in the present location is unknown; that every opportunity has been taken to rebuff the site for a SCAT transfer facility; that the best situation is for Dr. Murray Klauber and Mr. Robert Schiffman to get together and develop a resolution, which would benefit everyone including the Selby Public Library, the Sarasota Opera House, etc.; that the personal hope is Dr. Klauber and Mr. Schiffman will conduct a combined effort; that parking near City Hall is proposed by Dr. Klauber; that the nod of approval of the Wynnton Group's concept is Mr. Schiffman's risk. Member Quillin stated that Mr. Schiffman is not the only entity at risk as contracts are being prepared. BOOK 1 Page 611 02/14/00 1:00 P.M. BOOK 1 Page 612 02/14/00 1:00 P.M. Chairman Cardamone stated that the City's risk is if the proposed project is financially feasible; that the City is constantly inundated with questions as to the reason more public/private partnerships are not implemented; that the Wynnton Group's proposed project is an ideal opportunity for a public/private partnership wherein the private sector and the City will both benefit. Mr. Thorpe stated that disagreement does not exist; that Dr. Klauber, the Wynnton Group, the Downtown property owners and merchants should sit together and work for the good of all; that something is wrong if the larger picture cannot be discerned and is viewed only from individual perspectives; that DPZ is not required to advise as to the City's requirements. Chairman Cardamone agreed. Member Hogle stated that appropriately bringing pressure upon the property owners will personally be attempted to encourage cooperation and participation with the Downtown Association. Mr. Thorpe stated that including the Downtown Association in discussions concerning projects proposed in the City is desired; that locating the SCAT transfer facility south of Fruitville Road is the desire of the Downtown Association. Chairman Cardamone stated" that all interested parties will be together at the charette; that the Commission will be very happy to see people get together to make plans either before or during the charette. Mr. Thorpe agreed and stated that everyone will be in the same room and have many ideas; however, the problem is the manner in which the Wynnton Group has come in as a small group with a great presentation and an architectural drawing; that numerous ideas will be discussed at the charette, which will identify incorrect actions, recommended actions, and inaction. Chairman Cardamone stated that the Ringling Causeway Bridge issue has resulted in a divided community; that observing the larger picture to determine the best action serving the community as a whole is required. Member Quillin stated that both the Regional/Urban Design Assistance Team Study, November 1983 (R/UDAT Study), and the Downtown Sarasota: Master Plan for Tomorrow (May 1986) (CRA Master Plan) address the SCAT transier facility as property owned in a public/private partnership; that the Lemon Avenue site could be a transfer site for the trolleys; that if retail can be designed, a transier facility could be designed for the bottom floor; that personal efforts include working with the Sarasota/Manatee Metropolitan Planning Organization (MPO) Park 'N Ride Committce; that the City is pursuing the creation of a Transportation Management Organization (TMO); that moving forward with a project with no public input causes discomfort. Chairman Cardamone stated that much public input will occur; that concerns are shared by the CRA. Member Quillin stated that instead of bringing the proposed project to the Commission and having the Commission informed, the Mayor and City Manager gave the Wynnton Group permission to go ahead; and referred to a February 9, 2000, letter from Mr. Schiffman to the City and County indicating representatives from the Wynnton Group discussed with City and County Staff the opportunity to create a public/private partnership to develop a parking garage at the Mayor's request which is personally considered inappropriate. Vice Mayor Pillot stated that personal awareness and support of the Mayor's attendance at the meeting existed. Member Quillin stated that personal knowledge of the meeting did not exist; that personal constituents believe the meeting should not have occurred. Vice Chairman Pillot stated that the referenced constituents are personal constituents as well. Member Quillin stated that the City of Sarasota Charter (1986) provides everything should brought before the public. Chairman Cardamone stated that having a meeting with Mr. Schiffman on another subject and being advised of the concerns regarding the efforts to develop Five Points Tower was an interesting experience; that Mr. Schiffman was advised a personal discussion is not possible but should be conducted with the City Manager; that a formal meeting resulted with a presentation of development desires; that the advice was to present the proposed development; that no conversations with Mr. Schiffman have occurred subsequent to the formal meeting; that every individual has the ability to complain regarding a situation and indicate a solution to the problem to a Commissioner; that each Commissioner has the ability to advise the individual to formally present the solution; that the reference in the February 9, 2000, letter indicates the advice was to make a presentation; that no commitments were made. Member Quillin stated that receiving advance information would have been helpful. BOOK 1 Page 613 02/14/00 1:00 P.M. BOOK 1 Page 614 02/14/00 1:00 P.M. Chairman Cardamone stated that lobbying each Commissioner is a citizen's option. Member Quillin stated that placing the pressure of a 5 p.m., February 14, 2000, deadline on the City Manager is not appreciated; that the Wynnton Group should have come before the CRA prior to the expenditure of funds; that many more questions could have been answered; that having nothing in writing or appraisals for review has the air of proceedings being performed behind closed doors. Vice Chairman Pillot stated that an accusation regarding proceedings being performed behind closed is not accepted. Member Quillin stated that an air of proceedings behind closed is created and is not appreciated. Vice Chairman Pillot stated that the accusation is not appreciated. Member Quillin stated that protecting the City Manager and the Commission would be appreciated. Vice Chairman Pillot stated that the implication is not appreciated and left the Chambers at 2:45 p.m. Chairman Cardamone stated that no closed-door meetings occurred; that a disgruntled citizen was directed to the available procedure to air complaints. 4. ADJOURN (AGENDA ITEM 4) #2 (0454) There being no further business, Chairman Cardamone adjourned the Special Community Redevelopment Agency meeting of February 14, 2000, at 2:46 p.m. Tali CCe MOLLIE C. CARDAMONE, CHAIRMAN C TA ATTE.S BILL E ROB B NSON, SECRETARY 79 a