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ST. PETERSBURG — A proposal to cede a public sidewalk to embattled BayWalk presents St. Petersburg with one of its thorniest decisions in years, City Council members said Wednesday.
The one-block stretch along Second Avenue N is more than just the main entrance to the once-bustling but now struggling shopping and entertainment complex.
The sidewalk has evolved into a hangout for teenagers, a target for panhandlers and the city's unofficial soapbox for protesters.
The City Council will vote today on whether to privatize the sidewalk and push assorted hangers-on across the street in exchange for a $6 million overhaul that BayWalk managers say can revive the flagging complex.
Mayor Rick Baker supports the deal. One council member — Wingay Newton — opposes it.
But other council members are struggling to balance BayWalk's financial fate vs. crimping free speech and setting a troubling precedent.
Council members Leslie Curran and Herb Polson said they had heard that the owners of Bella Brava restaurant on Central Avenue recently asked city officials how to apply for getting their sidewalk vacated as well.
“We should think not just about tomorrow's actions, but the ramifications into the future," Polson said, "so we can find ourselves in a defensible position to say yes or no to other requests."
BayWalk occupancy now stands at 30 percent, said Thomas McGeachy, of Ciminelli Real Estate Services, BayWalk's property manager. Crowds along the sidewalk make some residents feel unsafe.
The owner, CW Capital of Rockville, Md., is planning $6 million in improvements, McGeachy says, but only if the sidewalk becomes private property, for crowd control.
Muvico Entertainment says it would spend $750,000 upgrading its theater at BayWalk — but only if the sidewalk were vacated.
"This is one of those 'there are no good choices' situations," said council member Karl Nurse.
"What happens if we say no?" he said. "Do we think BayWalk shuts down and Muvico closes, and is that worth the risk?
"I think that's too high of a price to pay."
Despite any precedent, no other downtown business faces BayWalk's problems, Nurse said.
"Nobody else has really had megaphones in people's faces as they try to enter businesses."
Nurse also said he heard that Johnny Rockets restaurant in BayWalk would shut down within a week. Restaurant representatives could not be reached for comment.
Curran said she wants to explore alternatives to vacating the sidewalk.
"I really want to hear more from both sides," she said. "I don't think the protesters are the entire reason that BayWalk has failed. I think it's a combination of all the above — bad mix of tenants, bad management, teenagers left unsupervised, inadequate security and on and on."
Council Chairman Jeff Danner said he would reserve judgment until today's public hearing.
BayWalk's property managers spoke privately to individual council members this week. Details of the $6 million overhaul are sparse, Danner said, but he thought the bulk of the money would go toward customizing spaces for new tenants.
"Some of the things they did mention is the building will get cleaned up and repainted and new signage and lighting," Danner said.
Free speech advocates attribute BayWalk's malaise to the recession. Speaking one's mind about government policies is a fundamental American right, they say, and public property provides the best forum.
Mayoral candidate Kathleen Ford agrees.
"Vacating public rights of way for free speech events sets an awful precedent," she said. "What happens when (protesters) just move to the walkway from the garage?"
Enforcing existing ordinances with more police presence can ease safety concerns, she said.
Mayoral candidate Bill Foster favors the deal. However he added, "I would like to see it have some sort of sunset provision or make sure it is a temporary move, which would enable the next administration to explore other plausible options, i.e., closing the sidewalk on the weekends."
City Attorney John Wolfe said the sidewalk turnover would be permanent even if the current owners sold BayWalk.
The council already has signaled its willingness to support a BayWalk makeover, allocating $700,000 in city funds for security, lighting, sidewalks and other improvements to the adjacent city garage and walkway.
The council also will discuss a proposal to offer Muvico patrons free parking in city garages in exchange for the company making $750,000 in upgrades to the theater.
Council member Jim Kennedy, who declined to discuss how he is leaning, predicted a spirited and lengthy discussion.
"From the point of view of the calls and e-mails that City Council is getting from both sides," Kennedy said, "this is one of the hotter issues I've seen."
Times staff writers Heather Urquides and Christina Silva contributed to this report.
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