01/17/2001
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CITY COMMISSION SPECIAL MEETING
CITY OF CLEARWATER
January 17, 2001
Present:
Brian J. Aungst
J. B. Johnson
Robert Clark
Ed Hart
F. David Hemerick
Mayor/Commissioner
Vice-M ayor /Comm i ssioner
Commissioner
Commissioner
Commissioner
Also present: William B. Horne II
Garry Brumback
Pamela K. Akin
Cynthia E. Goudeau
Brenda Moses
Interim City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 1 :03 p.m. at City Hall.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
Interim City Manager Bill Horne welcomed everyone and briefly reviewed the
process for negotiations with the three developers proposals for the beach. He said at the
December 2000 meeting, the Commission had authorized staff to negotiate with developer
teams on behalf of the Commission regarding specific projects for which the Commission
would be asked to give their support. Staff has kept the Commission informed of the
process.
ITEM 2 - Staff and Consultant update of the proposals
Planning Director Ralph Stone reviewed the status of beach development proposals.
He said the term sheet from the Mack Development proposes development of a parking
garage on the Pelican Walk site that would be open to public use. They propose the City
lease the parking spaces for 5 years with the option to buy the garage for $16.1 million at
the end of the 5 years, or in 3 years at the same level. A second garage is proposed as an
option south of the Pier, generally between Hamden and Coronado and south of Third
Street. A public boardwalk also is proposed. The Mack Development team also proposes
to purchase the properties on East Shore and redevelop them into retail, residential, and
motel/hotel uses. The improvements would dedicate the public boardwalk from the Pier
north, and back around to Mandalay Avenue on the bay side. Redevelopment of the Yacht
Basin would include 3 condominium towers with a maximum height of 150 feet. The City
will grant them an allowance for bonus hotel rooms based on specific criteria. The City's
primary interest is consolidation and redevelopment of East Shore and dedication of the
public boardwalk. Staff feels it necessary for the Mack Development team to give the City
some type of assurance or guarantee that all of the development will take place, before
recommending the proposal.
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Mr. Stone said the Markopoulos team has significantly amended its proposal in the
right direction. They have proposed: 1) a reduction in the number of rooms to 460, using
240 rooms from the existing unit pool; 2) a 600 space parking garage for their private use;
3) two 150-foot high condominium towers, one on the current Portview property east of
Coronado, and one west of Coronado on the corner facing the Portview property; the other
structure on South Gulfview would be approximately 1 50 feet MOL high; 4) relocating First
Street but not as far south as originally proposed, with skywalks. This proposal is still in
the planning stages and staff continues to discuss initiatives for Coronado to become a 4-
lane road. The proposal also considers using the Spyglass Hotel structure in order to
construct an efficient parking garage.
Charlie Siemon, Siemon and Larsen, said other than the two 1 50-foot towers in this
proposal, the balance of the structures are less than 100 feet.
Mr. Stone said the Kimpton team has submitted a formal site plan with
modifications to their proposal: 1) the 250-room hotel requires 188 units from the bonus
pool at a height of 1 50 feet; 2) parking garage with 800 spaces, 400 for their operation
and 400 public spaces, but owned and operated solely by Kimpton; 3) dedication of 10
feet on the east edge of their property to allow the City to construct a 4-lane segment on
Coronado; 5) agree to pay for the portion of the beachwalk and South Gulfview
improvements that front their property; 6) front the costs for expanded length of South
Gulfview relocation and the beachwalk from a line that would intersect the Pavilion to First
Street, conditioned upon the City reimbursing them from ad valorem taxes that would be
generated beyond the current taxes generated today; 7) elevated public pedestrian amenity
for guests to cross over South Gulfview to link up with the beachwalk on the other side of
South Gulfview; and 8) vacation of Third Street. Mr. Stone said this proposal to build and
pay for a parking garage presents a significant advantage for the City not to have to
finance a garage in that location.
ITEM 3 - Staff update on Beach bv Deskm
Mr. Stone said the current scale of development on the beach will continue to
remain in line with the City's policy, except for limited locations identified for taller
buildings; 1) between the Clearwater Beach Hotel and the Hilton, and 2) south of the Pier
to the Adam's Mark Hotel. Staff needs the Commission's input regarding the area, as most
of it is zoned tourist and has the potential for buildings up to 100 feet. In exchange for the
framework proposed by the Mack Development, the City would embrace the type of
project proposed, not the specifics. Staff's secondary position is for the City to
consolidate the property and issue a public request for proposal (RFP) to determine if there
are any other proposals. The worst case scenario is the City would have to establish a
framework along East Shore and Poinsettia. In that circumstance, east of East Shore,
allowable buildings would be a maximum of two levels of development over parking.
Between East Shore and Poinsettia, buildings would be 3 to 4 levels over parking. Similar
language is included in the other districts mentioned by staff.
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Mr. Stone said staff is introducing the option of creating a development parcel
framed by First Street, Coronado, and South Gulfview that would provide an opportunity
for development. Staff is concerned the current parcel is too small to develop. Language
has been added in the Beach by Design document stressing the need for a sidewalk
between the beachwalk area and Clearwater Pass.
Mr. Stone said in an effort to make Hamden a more residential community, staff is
proposing to add the option to take properties on Hamden, vacate Hamden, and wrap
residential uses around a parking garage, subject to traffic impacts. Staff also proposes
increasing the bonus pool from 400 to 600 units. Staff proposes: 1) use the density pool
to incent 3 projects; 2) increase the bonus pool; 3) change the limitation of 10% of units
with kitchen facilities to 25%; 4) modifiy to allow a fourth taller building within a specified
distance, as 500 feet between buildings does not work well; and 5) add the possibility of a
Marina parking garage.
ITEM 4 - Mack Development Team
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Rick Gillette, architect, reviewed the site plan. The project includes retail activity on
the beach side of the development. The main portion of the building is slenderized in the
center. Step-backs are incorporated to lessen the impact of the height and consideration
has been given to the space between buildings. The proposal includes 310 units of high
end residential condominiums, 110 mid-rise villas, 230 units of hotel space, over 93,000
square feet of retail uses. The development incorporates an overall urban design, harmony
of buildings with vistas, and a strong sense of human scale and form from street views.
The linkage of different elements comprise streestscaping along Poinsettia with awnings
and other amenities and a boardwalk with varying widths and seating and landscaped
areas, gazebos, etc. to enjoy the view.
Tim Johnson, representing the Mack Team, submitted an economic analysis and
detailed term sheet of the proposal. He said the Fishkine study provides extensive analysis
of the net benefit to the City if Mr. Mack is successful in completing the entire
development. If only one-third of the proposal is completed, it would provide over
$600,000 annually to the City. If the entire project were completed, the City would net
approximately $900,000 annually. He reviewed some of the major elements in the detailed
term sheet which has been reviewed by staff: 1) guarantees the City that needed parking
facilities would be constructed on the north and south beach; 2) refurbishment of Pelican
Walk and redevelopment of the Yacht Basin site; and 3) provides economic stimulus
needed for redevelopment of East Shore. He said Mr. Mack could not give the City a
guarantee that all property along East Shore will be acquired and the boardwalk
constructed. He said that is primarily because the City has not exercised its power of
eminent domain. However, Mr. Mack will make generous offers to property owners and
once acquired, will impose unities of title on all properties. Mr. Johnson said large
incentives are built into this project: 1) if the project meets the defined developer
obligations in the term sheet relating to property on East Shore, Mr. Mack will receive a
minimum of 160 bonus rooms; 2) on the south garage site, Mr. Mack would receive
vacation of Hamden which would carry with it associated density; 3) Mr. Mack would be
permitted to build the south beach garage and take the remaining density from the garage
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site for use elsewhere; 4) if assemble East Shore properties, the City will vacate East Shore
which also will provide additional density; and 5) if successful in assemblage of properties
on East Shore, it would delay the City's option for 2 years to purchase the north beach
garage.
Mr. Johnson felt none of the developer proposals are competitive with each other.
He said the Mack proposal is fair to both the City and the developer and represents the
City's best opportunity for redevelopment of the East Shore area. He stated he has
received petitions signed by over 700 persons in favor of this proposal. He said additional
large non-refundable deposits are required to be made by Mr. Mack by the end of this
month in order to keep critical properties under contract. He requested the Commission
authorize staff to enter in to a Memorandum of Understanding before the end of the month
that reflects the term sheet.
The meeting recessed from 2:02 to 2: 14 p.m.
ITEM 5 - Markopolous Development Team
Alan Rousch, HKS Architects, Inc., said he felt Mr. Stone provided a good
representation of the project. He presented no additional material.
ITEM 6 - Kimpton Development Team
Bill Kimpton, Kimpton Development, complimented staff. He said this is a great
opportunity for the City and felt the proposal meets the City's vision and goals for beach
redevelopment.
Richard Gehring, Kimpton Development, said the project reflects the City's request
to reduce the number of parking spaces. Approximately 400 to 600 spaces may be
available for public use in the parking garage. An environmental review, geotechnical
borings, site plan, application for review by the CDB, traffic studies, etc. have been
completed. He reviewed the site plan and said the project will front Coronado and South
Gulfview. The dynamics of the beachwalk have not been designed. The project will
include 3 - 4 restaurants, sidewalks, pedestrian walkway, parking garage, swimming pool,
health spa, elegant hotel, and other amenities. He said the construction and completion of
this project tracks the City's Memorial Causeway bridge opening.
Nine persons spoke in favor of pursuing redevelopment of the beach and the three
proposals. Two persons expressed some concerns regarding the proposals
In response to a question, Finance Director Margie Simmons said the Kimpton team
plans to build and pay for the parking garage with no costs to the City. The impact to the
City is a reduction of 300 parking spaces on Gulfview which will result in an estimated
$500,000 loss in revenue. Ms. Simmons felt the City could absorb the loss. The other
impact is redevelopment of South Gulfview. The City has $5.5 million set aside from
Penny for Pinellas funds, but Ms. Simmons was unsure of the specific amounts slated for
Mandalay, Coronado, and South Gulfview. She said the parking fund pays for lifeguards,
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etc. and the possibility exists that cuts may need to be made to the general fund or ad
valorem taxes increased. Assistant City Manager Garry Brumback said the structure of the
deal does not necessarily create a loss that needs to be recouped.
In response to a question, Mr. Gehring said the hotel rates would be determined by
the Marriott corporation. He said the Kimpton proposal provides for an 80-foot right-of-
way on Coronado. The entrance into the parking garage provides for 15 cars to prevent
traffic jams under normal conditions, with 2 points of departure. Buses will use drop-off
sites outside the building. Of the approximately 835 parking spaces, 400 to 600 public
spaces would be available, based upon hotel occupancy. The number of hotel rooms has
been reduced to 250. He said the construction of the parking garage and the Gulfview
improvements are subject to discussion. The Kimpton group would advance dollars that
would be reimbursed for various segments of the project related to Gulfview improvements.
The project also includes a commitment to expand the South Gulfview redesign further
south.
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Charlie Siemon, Siemon and Larsen, said the developer obligation would be for
Gulfview beachwalk improvements from First Street to the Pavilion. The Kimpton group
would be reimbursed for part of that project out of funds described in the term sheet. The
City also requested the group construct the balance of the beachwalk and the City would
provide some dollars. In response to a question, Mr. Siemon said improvements to north
and south Coronado are part of the municipal obligation. He said all 3 developers' projects
depend upon removal of parking from the beach. Staff wants the developers to assume
the risk of a revenue shortfall. It was remarked that the City could not enter into any other
parking agreements on the south beach for a period of 3 to 5 years to allow the Kimpton
group to construct their parking garage. Mr. Gehring said if the City builds other parking
structures, he has requested the City participate in any risk the Kimpton group assumes
due to the possibility of competing parking garages.
Mr. Siemon said the negotiating team has not determined a level of protection
regarding parking garage issues. He feels there is a way to balance competing interests.
Mr. Stone said in meetings with the Secretary of the Department of Community Affairs
(DCA) last week, he indicated the bonus pool of rooms is an option the DCA would most
probably support. Mr. Siemon said in the event the provision for the pool does not
materialize, the obligations of the agreement would no longer be in effect, but the City and
developer would enter into good faith agreements for the future use of the property. It
was remarked that the PPC has addressed the issue of TOR (transfer of development
rights) and the bonus pool. They are considering how it impacts traffic. Other cities are
facing the same issues. Mr. Gehring said King Engineering's analysis of traffic impacts
indicates that the double feed system would not create major movement problems.
Mr. Siemon reviewed the pluses and minuses of the Kimpton project. He said the
proposal contemplates immediate construction of an upscale resort on the beach that
includes a schedule that allows them to move forward with no major conditions. They are
prepared to begin the project immediately. It also allows achievement of Gulfview
improvements without responsibility for raising funding, soliciting contracts, and eliminates
the City's risk on financing and cost overruns. The project allows the City to remove
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parking spaces from the beach. The firm has a proven track record and the ability to
deliver. He knew of no significant negatives to the project. He felt the project is as good
as the City could hope for. In response to a remark, Mr. Siemon said although discussions
are ongoing regarding parking issues, the project concurs with the City's initiatives and
goals. The developer has submitted schedules and new terms and made adjustments to
various elements of the plan as requested by staff. Mr. Siemon did not feel the $500,000
shortfall in parking revenues would be difficult to overcome. In response to a question, Mr.
Gehring said the Marriott Hotel had indicated their interest in participating in the project,
but must complete a design review process before committing to it. He said shifting to an
alternative hotel would not be difficult. He said the quality of the resort and proximity to
the beach is why Marriott wants to be in Clearwater. He said he is confident about their
participation and the Kimpton group is poised to deliver. It was requested staff supply the
Commission with traffic impact studies. It was suggested that performance guarantees be
given.
Discussion ensued regarding the Markopolous project. Concern was expressed
regarding the alignment of First Street to ensure it is not a key intersection. In response to
a question, Public Works Administrator Mashid Arasteh said staff would request
authorization for a work order for a traffic nalysis of all 3 projects at the next Commission
meeting. Mr. Siemon said discussions are ongoing with the Markopolous team regarding
the location of the parking garage and the right-of-way. Staff is looking for ways to
complete a parking garage in addition to the ability to make Coronado a 4-lane road. It was
remarked that further negotiations are necessary and that media articles pertaining to the
lack of negotiations are unfounded.
Mr. Siemon said concerns that are being addressed include sensitivity to height and
scale of the building on the Marina side of the property. The skywalk across Gulfview is a
major gateway that includes the Pier 60 area and its aesthetics/character is a major issue
as it could be a community resource. He said the location of First Street is a policy
decision. Direct dry sand access for a hotel is a major plus and would attract patrons. He
said this project sensibly makes use of a larger unit of land with two equal blocks of land
connected. He said although the building is large, that is what it takes for such a large-
scale destination resort to be successful. This project complies with the requirements
originally conceived in the Beach by Design concept. He said the principal issue to how to
deal with the right-of-way on Coronado, the character of the skywalk, and if the Marina is
the best place to put an additional building that exceeds 1 50 feet in height. He said at this
point in the process, he could not offer any remarks as to its principal disadvantages.
In response to a question, Mr. Siemon said the project involves 220 units. The
Spyglass Motel would be renovated. Mr. Markopolous is anxious to proceed as quickly as
possible with the project. The 60 parking spaces are for private use by the hotel. Staff
has requested a better design rather than more parking. Staff is discussing various issues
with the developer including costs of improvements for Gulfview, etc.
Mr. Stone said staff has had discussions with the Markopolous team regarding
various elements of the plan. Staff also has discussed elements of the Kimpton plan with
them as it relates to the beachwalk and Coronado, and is making considerable incentives
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available to them that should improve this project. In response to a question, Mr. Rousch
said he is looking forward to moving ahead with discussions regarding the project. He
thanked staff for their efforts.
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Discussion ensued regarding the Mack Development proposal. In response to a
question, Mr. Stone said the developer could not guarantee construction of the boardwalk
until all properties were acquired. They indicated cash flow issues and the timing of
improvements also are considerations. In response to a question, Mr. Siemon said if
nothing but Phase One was completed, the boardwalk would not materialize. The only
boardwalk being guaranteed is around the Yacht Basin. It was remarked the boardwalk
should not present a dead end to negotiations. In response to a question, Mr. Siemon said
as currently proposed, the south garage conflicts with the 3-year reservation that Kimpton
asked for, but has not received. Mr. Siemon said for the project to move forward, an
acceptable design for the area is necessary. Negotiations have reached an impasse
because of 2 conditions. In response to a question, Mr. Brumback said if the City
purchased the parking garage within 3 years, the cost would be $20.5 million; in 5 years
the cost would be $23.7 million. Mr. Siemon felt if the Commission did not want to agree
to consider this project it would be on the basis of the risk that the consolidation of
properties and completion of the boardwalk would not be completed, except around the
Yacht Basin. He said if the Commission wishes staff to continue to negotiate without
those elements, they could instruct staff to move forward. In response to a question, Mr.
Johnson said Mr. Mack believes he can complete the project and make a profit while
providing benefits to the City. Mr. Mack will not promise something he cannot do or
respond to unrealistic expectations from the public. Mr. Mack is offering the Yacht Basin
project, rehabilitation of the Pelican Walk site with the City's option to acquire it in 3 years,
and buying and holding the parking site at the south beach. He said staff suggested
vacating Hamden in order to address other requests for residential uses in conjunction with
the parking garage. It was remarked the Yacht Basin does not need to be incentized, as
any developer would be interested in developing that area.
Mr. Siemon said this project presents an opportunity to achieve redevelopment of
the property in a comprehensive fashion and receive a public amenity of access along the
waterfront. He disagreed with Mr. Johnson's opinion regarding the City's inability to build
parking garages. He said the City could provide additional parking on the Marina property
or on the Rockaway site without additional public costs. He said positive cash flow could
be realized from the garages. With City funds, the net cost to the City would be less. He
said the parking analysis for Beach by Design identified 3 sites north of the Days Inn and
south of the Palm Pavilion that were economically viable assuming the City had the
financial resources to ensure their construction. The Pelican Walk site was the preferred
site. It was remarked that the rehabilitation of Mandalay has been budgeted. In response
to a question, Mr. Siemon said if there is a valid public use and the action can eliminate
negative conditions, eminent domain is an option. He said further negotiations are needed
on this project. In response to a question, Mr. Johnson said Mr. Mack's representatives
have not spoken to property owners regarding holding onto properties for lengthy periods
of time. He said the City is in a position to have the developer bank the land for a south
beach parking garage and East Shore is not the issue.
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In response to a question, Mr. Siemon said Beach by Design recognized and
suggested the City needs to set realistic expectations, recognizing that the excess demand
today at the beach is more than the City will ever have the capacity for, and other means
for traffic needs must be addressed to improve mobility at peak times. Shifting resort
accommodations where people stay, using shuttles and other amenities, could mitigate
traffic concerns versus building small motels and forcing visitors to drive elsewhere. If
facilities are upgraded and provide adequate, convenient parking, people will use the facility
and get out of their cars.
Discussion ensued regarding what could be done to move forward with this project.
It was remarked that parking garage prices are too high. It was suggested the developer
could construct the boardwalk and work around those properties that have not yet been
acquired. It was suggested the developer present plans regarding development of East
Shore now, rather than wait for the entire project to be designed. It was remarked that
due to some of the stringent requirements placed on the developer, the project cannot
move forward. Mr. Johnson said his client is willing to continue negotiations in good faith.
Mr. Horne said at tomorrow night's meeting, staff would request feedback on Beach
by Design amendments and further guidance regarding how staff is to proceed with each of
the developer proposals.
It was remarked that approximately 7 public meetings have been held regarding
these proposals in an effort to obtain public input.
. ITEM 7 - Adjournment
The meeting adjourned at 5:06 p.m.
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