08/09/1993 - Special (2)
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GOMMUNITY REDEVELOPMENT AGENCY
August 9, 1993
The City Commission, meeting as the Community Redevelopment Agency, met in
special session at City Hall, Monday, August 9, 1993 at 1 :05 P.M., with the following
members present:
Arthur X. Deegan, II
Rita Garvey
Richard Fitzgerald
Sue Berfield
Fred Thomas
Chairperson
Vice-Chairperson
Trustee
Trustee
Trustee
Absent:
Phil Henderson
Lillian Trickel
Ex-officio Trustee
Ex-officio Trustee
Also Present were:
Michael J. ,Wright
Milton A. Galbraith, Jr.
Cynthia E. Goudeau
Executive Director
Attorney
Secretary
The purpose of the meeting is to discuss the sale of CRA property in conjunction with
, the Ci~y sale of the Sun Bank (Atrium) Property.
There have been ongoing discussions with Krumm and Associates regarding purchase
.of the Sun Bank (Atrium) Building and eRA properties in conjunction with that purchase.
, .' Chairperson Deegan requested the Executive Director explain a memo from Dan
Deignan, City Finance 'Director,. regarding the bonds.
, " The Executive Director indicated there is a recent IRS ruling that may impact the sale of
the garage. In March of 1993, the IRS issued the "safe harbor" rule which states that
disposal of property financed with tax exempt bonds must pass three tests. One, the
.: property must be reasonably expected to be used 'during the length of the bonds, there must
" be actual use for a substantial period of time, five years, and three, any sale must be at arms
.. : length',with the purchaser paying fair market value. He stated staff was not aware of this
,ruling until last Friday, August 6. Mr. Deignan indicated this does not mean that the garage
'. property',cannot be sold for less than market value but a ruling from the IRS would be
" .ne.eded.lt was stated the Bilgore' site would not fall under the same provisions as it was
. ';': purchased for the purpose of reselling for development.
minCR08b.93
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8/9/93
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Trustee Thomas questioned if the potential risk was being charged taxes retroactively.
Mr. Deignan indicated the bond holders would have to pay the taxes, not the City. Trustee
Thomas re-emphasized that the IRS could go back and declare interest for the entire tax free
period. Mr. Deignan stated that the first that the bonds could be sold, tax free, was 1997.
Trustee Thomas quostioned if the taxes began upon closure and Mr. Deignan indicated
they would. .
Trustee Fitzgerald questioned whether or not the City would be opened up to liability
should it be found the bond holders are liable for taxes. The Attorney indicated this was
probably so and that the City would have to make up the difference.
Trustee Berfield questioned whether or not there was a grandfather provision in that
the negotiations had been ongoing. It was stated we were not negotiating to sell prior to the
issuance of the ruling.
Trustee Thomas questioned the value of the Sun Bank (Atrium) Building prior to the
City acquiring it. Mr. Deignan indicated the building and garage are now valued at $1 million
less than it was assessed at the time we purchased it.
Chairperson Deegan distributed what he considered to be a summary of the issues so
far. (Exhibit A)
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Trustee Fitzgerald indicated he did not see anything different from his understanding in
this summary however, he wished to reserve judgment regarding the City's objectives
contained at the bottom of the page.
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Trustee Thomas requested that Trustee Fitzgerald clarify his statement and Trustee
Fitzgerald indicated that he was not convinced the building should be sold and he was also not
convinced regarding the five year retUrn on investment. He also indicated he was not clear
regarding what partnership and stewardship refer to in Chairperson Deegan's objective //4
which reads: accept partnership concept and also stewardship duties.
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Chairperson Deegan indicated he felt the CRA was committed to redeveloping
downtown and they are beginning to get serious about alot of things. He stated the five year
return on investment was from an earlier goal setting discussion.
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Trustee Fitzgerald requested that the record reflect his reservations regarding the City's
objectives as provided in Chairperson Deegan's summary.
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Walter Mackey, representing the potential purchasers, stated they were also surprised
regarding the tax ruling. He stated a dialogue needed to be created this afternoon and they
need to have a feel for where the CRA is' and what its priorities are.
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He stated that in considering purchasing the first two floors of the garage, tenants with
a high clerical staff not able to afford monthly parking, had to be considered. He reviewed
where the negotiations left off at the last meeting. He stated the new issue regarding taxes
needs to be addressed.
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In response to a question from Mr. Mackey regarding the Bilgore property, Chairperson
Deegan stated it is for sale and has been on the market for a year. He stated the proposal to
lease it would allow the CRA to maintain control for other development in the future but if the
potential purchasers offered enough at this time, outright sale may be considered.
Mr. Mackey indicated land values have gone down throughout the City.
Chairperson Deegan indicated they are offering $2.50 per square foot when the next
most comparable property in downtown of selling for $6.00 per square foot. Mr. Mackey
cautioned against comparing the value of the land to what can be put on it.
AI Justice, also representing the potential purchasers. stated the BlIgore property may
be able to be considered as an alternative and if an opinion comes back from the IRS about
having to purchase the garage at fair market value, the BlIgore property could be considered
again. He also indicated they have hired someone to study the Bilgore site for providing
parking spaces.
Trustee Thomas questioned whether or not a retention pond would be a part of the
development and Mr. Justice indicated they would pay a fee in lieu of provision of retention.
Trustee Thomas questioned whether or not there would still only be 1 50 spaces on the
Bilgore site and Mr. Justice indicated that this would be so as their direction is to maximize
green space.
Chairperson Deegan questioned if the 1 50 spaces were worked out, whether or not
that would be enough to conclude this transaction. Mr. Mackey indicated the 150 spaces
were the minimum number and they could not be temporary.
Discussion ensued regarding alternative sites with Mr. Justice indicating the problem is
that parking is needed for employee tenants. He indicated it was a hot button for employees
that they would have to pay to come to work by paying a parking fee.
Mr: Mackey indicated the City must look at the possibility of the Bilgore site being a
temporary parking lot. He stated it should be considered to lease this with a future option.
He stated if they purchase the garage, the City would retain Bilgore and that an agreement
could be reached with the City for a reasonable lease rate. He stated the tax issue needs to
be addressed qu!ckly and there is probably some flexibility in the negotiations.
Trustee Thomas stated he felt selling the garage would be fair to both parties and this
,would allow us to sell them 200 parking spaces.
Trustee Thomas reviewed some of the potential value of the garage and questioned
whether or not the purchasers would be willing to obtain the garage for $985,000. Mr.
Mackey indicated they would not.
Trustee Thomas indicated that in discussions regarding a parking garage for City Hall,
there were looking at a cost of $4.000 per space.
minCR08b.93
8/9/93
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In response to a question by Trustee Thomas, Mr. Mackey indicated that Trustee
Thomas' calculations do not take into account the special requirements of companies with a
large number of employees,
Discussion ensued regarding the need for parking in the downtown area.
Chairperson Deegan expressed an opinion that if the City Commission had required
adequate parking at the time of construction, that there would be some v~lue regarding that.
He stated he did not see that the City should make up all the parking deficit on its own. Mr.
Mackey indicated they are willing to pay in order to ensure adequate parking.
Trustee Thomas stated that with a 4.0 ratio, that would require 550 parking spaces
and questioned whether or not that would satisfy their requirements. Mr. Mackey indicated
this would still not accommodate high density tenants.
Trustee Thomas questioned what it is that the purchasers desire. Mr. Mackey
indicated that the need is to satisfy their parking requirements.
Trustee Thomas stated a goal for today would be to eventually provide 550 parking
spaces. Mr. Mackey indicated one problem with that was the price was something to be
determined.
Trustee Thomas suggested the purchasers buy the remainder of the garage, lease the
Bilgore site and at such time as additional land becomes available, to replace the spaces on
Bilgore, and a right of first refusal for the police department property be provided. Mr.
Mackey indicated their only purpose for purchasing the garage would be to give the City the
. funds in order to find the solutions for the additional parking needed.
Trustee Thomas re~emphasized that the total of 550 spaces is not needed at this time.
. He stated if they buy the parking garage, they would have space on the Bilgore site as they
need it. Mr. Mackey expressed concern that this would still involve buying the parking garage
today and addressing the 1 50 spaces at a later date. He stated it would be better to buy raw
ground than a building.
Trustee Thomas reviewed options stating it would be ideal if the police department
land became available. He stated if we sold the Bilgore property at less than what the CRA's
investment is, they would want to make up the loss at some point. He stated selling the
Silgore site as a plain pi~ce of land was not a good deal.
'. Mr. Mackey stated that 1 50 spaces is what is needed and the garage is the most
expensive option. He stated the loss could be made up on another site and he emphasized
. that the goal is to turn downtown around.
Chairperson Deegan questioned whether or not the party was willing to purchase the
. garage. Mr. Mackey stated there are willing to purchase it in order to provide the City with
fl,mds to aHow the City to provide the additional 150 spaces.
minCR08b.93
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Chairperson Deegan questioned what flexibility was needed in order to meet the
purchasers needs. Mr. Mackey indicated a down payment with an attractive interest rate and
there be provided means for an additional 1 50 spaces.
Trustee Berfield questioned if the purchasers would buy the Bilgore site at market
value. Chairperson Deegan indicated the property has been assessed by the property
appraiser at $443,100.
Further discussion ensued regarding possible sale of the Bilgore site.
Trustee Fitzgerald questioned if there is another 150 spaces in the downtown area that
is acceptable. Mr. Justice stated that if the parking were within boundaries of Myrtle on the
east, Ft. Harrison on the west and one block north of Cleveland.
In response to whether or not a site has been found, Mr. Justice indicated he did not
wish to comment publicly at this time.
Further discussion ensued regarding whether or not the CRA was willing to sell the
Bilgore site to the potential purchasers and have it developed as a parking lot.
Chairperson Deegan indicated the question boiled down to would the eRA be willing to
accept $210,000 for the Bilgore site. Consensus of the majority of the CRA was that this
would not be an acceptable figure.
Chairperson Deegan then questioned whether or not the potential purchasers would be
willing to consider a lease arrangement. It was indicated they would if they had a long term
resolution, however, they did not want to wind up with a short fall in parking spaces five
years from now when they thought it was resolved today.
Chairperson Deegan suggested they lease spaces on the Bilgore site at $27 a month
'and as alternative locations are found, the purchasers would be released from their obligation
on the Bilgore site. Mr. Justice indicated they had talked about leasing it, however, felt that
$27 a month per space was above market value and they suggested $15 per space for the
first 50, $20 per space for second 50 and $25 per space for the third 50. He stated the 39
spaces around the garage, currently used by the polic'e department, would offset the original
60.,
Questions arose regarding how to enforce who would be allowed to park in the lot.
Trustee Thomas stated he would prefer to meter the lot with passes being given to building
tenants. Mr. Justice indicated the resolution could not be reached today as more information
, is needed.
Chairperson Deegan stated if they were not buying the garage or the BUgore site, there
would. be no need for bond counsel opinion. Mr. Mackey stated he believed there was still a
need for the bond counsel to resolve some issues.
minCR08b.93
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Trustee Thomas indicated there would be no reason to give 39 spaces on the Bilgore
site if the other party did not own the garage. Mr. Mackey stated they would still look at the
option to pick up the garage. Trustee Thomas indicated this would be at fair market value
within the five year time frame.
Mr. Mackey indicated they would see if they could option the building with a known
value and an appraisal would be needed.
Chairperson Deegan indicated monthly spaces are leased in the two floors in the garage
portion owned by the eRA and that not all of them are available to the building.
Trustee Thomas questioned whether or not the purchasers planned to lease or provide
free parking in the garage. Mr. Justice indicated this would be on a case by case basis.
Trustee Thomas questioned the rental rate now. The Executive Director indicated it
was $30 to $35 per month and less than half of the spaces available were leased.
Chairperson Deegan reviewed the issues and stated the bond question needs to be
resolved, that the garage would be appraised at current value and there would be five year
option at present value with a CPI escalation clause, that the Bilgore site would provide for a
five year lease or less if alternative parking is found or extend until an alternative is found,
that rent on the Bilgore site would be $20 a month per space with no credit for the 39 spaces
at the police department until they buy the rest of the garage and they are still interested in a
right of first refusal for the police department property at the then market value. It was
indicated these were the issues that' had been agreed upon.
Mr. Justice indicated that in the purchase of the garage, they would like an opportunity
. for a flexible payment schedule. It was indicated this was acceptable.
Mr. Justice questioned the resolution regarding the 6 spaces behind the building
indicating they want to reconfigure the rear entrance and the area of those 6 spaces would be
used for green space.
Chairperson Deegan expressed concern regarding this being the entrance to an alley
and Mr. Justice indicated it was understood that access would have to be maintained. He
indicated ,they simply wanted flexibility for changing the configuration of that area and they
would be getting with the other business owners.
Mr. Mackey requested that there be a proposal for a pre-paid parking arrangement in
the garage. The Executive Director indicated that if this is done with a particular tenant, they
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would have to provide it to all and it was requested that it been seen if this was a workable
solution.
The Attorney questioned what price was to be included for the option to purchase. It
was stated this would be decided when this came back for final approval.
minCR08b.93
8/9/93
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The Executive Director questioned at what point the parking surrounding the garage
would be addressed and it was stated that when the purchasers obtain the garage and if the
police department is still there, there would be an offset of parking spaces on the SUgore site.
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Chairperson Deegan questioned what time frame would be needed in order for the
purchasers to return with a proposal. It was the consensus that a draft of the agreement
would be reviewed by the CRA at their meeting of August 16. 1993, and that Mr. Mackey
and Mr. Justice would return on August 30, 1993, for final resolution.
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The Attorney is to provide a memo of understanding for review.
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Trustee Thomas requested the CRA consider that jf the building were retained by the
City, the cash flow could be funneled to the CRA for redevelopment projects. He stated it
was not his intent to consider the building for a city hall.
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The meeting adjourned at 3:25 p.m.
Chairperson
7
8/9/93
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ITEM
Purchase Offer for
Bldg + top 2 floors
of parking garage
Parking Situation
Parking in general
Bilgore Site
Police site
Floors 1 and 2 of
parking garage
Other Issues
City'~ objectives:
Oe.xklb; -l- A
Sun Bank Buildine
Mackey 7/6
$6.900.000. but
parking needs to
be resolved
"Concurrency
in reverse"
Needs joint
effort to fix
Offer to purchase
for 5180.000 in
order to offer
free to tenants
Option @ $2 good
for 2 years after
city leaves site
5' year option
for 5700.000
4th floor cover
Security gate
Walkway security OK
City 7/12
56,900.000 is
acceptable
An attempt to
be cooperative
Commitment to
work together
Offer too low.
Ad valorem
value 5433.100.
Offer to lease @
$27/mo/space
Right of first
refusal @ then
market price.
Shorter time.
Consider pur-
chase now with
S180.000 down
and 5% interest.
Ad valorem value
$1,441,500 (in-
cludes land)
OK
OK
Green space near Doing at Kravas
Barnett Bank site
Green space Need alley for
East of Sun Bank Cleveland stores
Short term spaces There are S~6
Closing costs
To be paid by you
fkvc9.-, q9 t1,E@
SqJ- 02A-
Mackey 8/5
$6,900.000. but
parking needs to
be resolved
Still 1 000 +/-
spaces missing
Need commitment
from city
Prefer purchase.
Desire to offer
free parking to
tenants
This or some other
convenient site
Willing to acquire
if terms flexible
and other needs
satisfied
1) Sell building & cooperate re parking needs at fair price
2) eRA pollcy: sell below cost if ROI in five years
3) Agenda for change in redeveloping downtown
4) Accept partnership concept, and also stewardship duties
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