ORDINANCE NO.

8418-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 5, 2013; SUBMITTING TO THE CITY ELECTORS A PROPOSED AMENDMENT TO THE CLEARWATER CITY CHARTER TO CREATE A NEW SECTION 2.01(d)(8) FOR THE PURPOSE OF AUTHORIZING THE C I T Y T O N E G O T I A T E A N D E N T E R I N T O A LEASE FOR A TERM NOT TO EXCEED 6 0 Y E A R S WITH THE CLEARWATER MARINE AQUARIUM F O R THE CONSTRUCTION OF AN AQUARIUM AND ASSOCIATED IMPROVEMENTS ON CERTAIN MUNICIPALLY OWNED REAL PROPERTY LOCATED IN THE DOWNTOWN, GENERALLY: WEST OF OSCEOLA AVENUE, EAST OF THE UNIMPROVED PIERCE BOULEVARD RIGHT-OFWAY BETWEEN CLEVELAND STREET AND PIERCE STREET; PROVIDING FOR A REFERENDUM ELECTION TO BE PAID FOR BY THE CLEARWATER MARINE AQUARIUM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Clearwater Marine Aquarium, Inc. (CMA) is a 501(c)(3) not for profit corporation located in Clearwater, Florida; and WHEREAS, it is CMAs mission to preserve our marine life and environment while inspiring the human spirit through leadership in education, research, rescue, rehabilitation, and release; and WHEREAS, since the 1970s CMA has provided the citizens of Clearwater with a permanent marine biology learning center focused on preservation , rehabilitation, and education regarding marine life; and WHEREAS, in 1978 the City of Clearwater donated CMAs current location, a former water treatment plant on Island Estates, to provide more space for CMA to accomplish its mission; and WHEREAS, today, CMA is an internationally respected center for animal care, public education and marine research; and WHEREAS, in 2005, a baby dolphin that was trapped in a crab trap line off the east coast of Florida, and rescued by a local fisherman, arrived at CMA. The baby dolphin, Winter, called CMA home from that point forward as she went through an extensive recovery and rehabilitation process following the loss of her tail. Overcoming all odds to survive after her rescue, Winter is now an international inspiration to disabled children, wounded veterans and others with disabilities; and WHEREAS, in 2011 the major motion picture Dolphin Tale was filmed and
Ordinance No. 8418-13

produced in Clearwater telling the story of Winter to millions of people across the world; and WHEREAS, an economic impact study completed by the University of South Florida, St. Petersburg College of Business found Dolphin Tale will make between a $2.1 and $4.9 billion dollar impact on the economy of Clearwater, St. Petersburg, and Pinellas County; and WHEREAS, the University of South Florida study found that 72.7% of tourists visiting CMA are not related to the tourists visiting Clearwater but rather are exclusively related to the movie-induced tourism generated by the Dolphin Tale movie; and WHEREAS, CMAs location on Island Estates and Winters Dolphin Tale Adventure (WDTA) located in downtown are major tourism attractions for the City of Clearwater; and WHEREAS, In 2012 CMA attracted approximately 750,000 visitors to its Island Estates location and more than 300,000 of these visited WDTA in downtown Clearwater; and WHEREAS, the City desires to demolish the Harborview Center on the Bluff which currently houses WDTA so that the location can be used for other public uses; and WHEREAS, CMA has outgrown its current facilities and needs to build a new facility in order to accomplish its mission of marine mammal and marine animal rescue and public education relating to environmental issues; WHEREAS, Island Estates is a residential community and the footprint of CMAs Island Estates location is limited and cannot support WDTA should Harborview Center be demolished; and, WHEREAS, CMA is currently fiscally sound and executing its mission as evidenced by its four star Charity Navigator ranking; and WHEREAS, on March 5,2013, CMA made a presentation to the City Council proposing the current City Hall location and associated property below the bluff as the location of a new Clearwater Aquarium; and WHEREAS, a new Clearwater Aquarium in downtown Clearwater will facilitate the City achieving its long term plans for redeveloping and revitalizing its downtown and creating a master plan for Coachman Park; and WHEREAS, the City of Clearwater has incorporated within its comprehensive plan, a future land use element requiring that redevelopment activities be sensitive to

Ordinance No. 8418-13

the Citys waterfront and promote public access to the Citys waterfront resources, and a coastal management element encouraging the preservation of recreational and commercial working waterfronts, marinas, and other water-dependent facilities; and WHEREAS, the new CMA downtown Clearwater facility would house the primary tourism and education components of the CMA mission, including the dolphins Winter and Hope as well as other resident animals; and WHEREAS, the City of Clearwater recognizes the important public interest in maintaining viable water-dependent facilities and access to the states waters as a vital conduit for economic development, commerce and tourism, and the City recognizes the aquarium proposed by CMA as meeting those goals; and WHEREAS, The City Council has determined that it is necessary and in the public interest and in furtherance of the general welfare of the citizens of Clearwater to facilitate downtown redevelopment by entering into a 60 year lease of the property generally referred to as the City Hall property generally located west of Osceola Ave., east of the unimproved Pierce Boulevard right-of-way, south of Cleveland St. and north of Pierce St, (City Property) more particularly described in Exhibit A attached hereto, with the CMA for redevelopment as an aquarium; and WHEREAS, the Clearwater City Charter S e ct ion 2.01(d), L i m i t a t i o n s , c o n t a in s certain limitations on the legislative power of the City Council; and WHEREAS, the Clearwater City Charter Section 2.01(d)(5), Real Property, contains certain restrictions on the Council's authority to sell, donate or otherwise transfer City owned real property; and WHEREAS, the Clearwater City Charter Section 2.01(d)(5)(i) provides that property must be declared surplus prior to the sale, lease or donation for a term of longer than five years; and WHEREAS, the Clearwater City Charter Section 2.01(d}(5)(v) prohibits the lease of property which is identified as recreation/open space on the City's Comprehensive Land Use Plan without prior approval at referendum; and WHEREAS, the Clearwater City Charter Section 2.01(d)(5)(vi) prohibits vacating of any right-of-way or easement which provides access to the water's edge for a private benefit; and WHEREAS, the Clearwater City Charter Section 2.01(d)(5)(vii) prohibits the lease of property for an initial term of more than 30 years and a renewal of more than 30 years without a referendum, and limits total lease for a period not to exceed 60 years; and

Ordinance No. 8418-13

WHEREAS, the Clearwater City Charter Section 2.01(d)(5)(viii) requires recapture and reverter clauses on leases of municipal property; and WHEREAS, the Clearwater City Charter Section 2.01(d) (6) p r o h i b i t s the development or maintenance for other than as open space and public utilities of certain property lying below the 28-foot mean sea level elevation of Osceola Avenue on the east, Clearwater Harbor on the west, Drew Street on the north and Chestnut Street on the south, and the Memorial Causeway without a referendum; and WHEREAS, the Clearwater City Charter Section 2.01(d)(7) regulates property bounded by Drew Street on the north, Osceola Avenue on the east, Pierce Street on the south, and Clearwater Harbor on the west, and prohibits the lease, sale, donation or use of the property for other than City facilities without a referendum; and WHEREAS, the proposed Plan i s attached hereto as Exhibit B; and WHEREAS, CMA has purchased the parcel south of the current City Hall site at great expense as a good faith expression of its intent to fulfill the Plan; and WHEREAS, the current City Hall building is nearing the end of its useful life and the City desires to develop a new sustainable City Hall; and WHEREAS, the Lease and other compensatory terms between the City and CMA will help fund and defray the costs of the development of a new sustainable City Hall; and WHEREAS, the City Council has determined that it is in the best interests of the public to amend the City Charter to allow the lease of the City Property for up to 60 years for the purpose of the construction, operation and maintenance of an aquarium as described herein; and WHEREAS, the City Council of the City of Clearwater having held a duly noticed public hearing, hereby finds that the Plan is necessary in the interest of the public health, safety and welfare of the citizens of the City; now therefore: BE IT ORDAINED BY THE CITY COUNCIL O F THE CITY OF CLEARWATER, FLORIDA: Section 1. The foregoing prefatory clauses are hereby fully incorporated h e re i n as findings of the City Council. Section 2. In furtherance of the implementation of the project described or identified in the Plan proposed by CMA, it is hereby proposed that Section 2.01(d) of the City Charter be amended to add a new Subsection (8) as follows:
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Section 2.01 Commission; composition; powers. ***** The legislative power provided herein shall have the

(d) Limitations. following limitations:

***** (8) Notwithstanding and as an exception to anything contained section 2.01 (d)(5),(6) and (7) herein, the City Council is authorized to: in

(a) Negotiate and enter into a ground lease with the Clearwater Marine Aquarium for an initial term of not to exceed 60 years for redevelopment of certain municipally owned real property in the Downtown generally described as generally lying west of Osceola Ave., east of the unimproved Pierce Boulevard right-of-way, south of Cleveland St. and north of Pierce St, as more specifically described in Appendix C, for compensation to be determined by City Council which may be less than fair market value, for the purpose of construction, operation and maintenance of an aquarium as specifically described herein. (b) Negotiate and enter into a lease allowing the construction, operation and maintenance of an Aquarium which shall not exceed 250,000 square feet and may include the following components: Exhibit space including exhibit space for traveling exhibits; Animal hospital including Surgical Suite and medical laboratory; Water Quality laboratory; Classrooms and Community rooms; Food and catering facilities; Theaters; Laundry facilities; Retail/Gift shop; Administrative offices; Video/film production facilities; Mechanical space i.e. chiller, boiler, power generation; Chemical storage rooms, dry and liquid; Life Support equipment rooms i.e. filters, pumps, ozonators, backwash recovery systems, water storage; Saltwater pumping station; Driveways, Delivery and loading and unloading zone, Pick-up/drop-off zone; and drainage facilities; and such other functions as a typically associated with an aquarium of similar size. (c) Grant necessary easements for driveways, utilities and salt water intake and discharge as permitted by the appropriate agencies. (d) Authorize relocation of the tennis courts to a location to be determined by the City Council. Section 3. A special City election is hereby called and will be held on November 5, 2013, f o r the consideration b y the v o t e r s o f the C i t y o f Clearwater of the proposed Charter Amendment. CMA shall reimburse the City for the cost of the special City election. The question to appear on the referendum ballot shall be as follows: Lease, Development and Use of Certain City-owned Real Property in the Downtown

Ordinance No. 8418-13

Shall the Clearwater City Charter b e a m e n d e d b y a d d i n g Section 2.01(d)(8) to allow the City to negotiate and enter into a lease with the Clearwater Marine Aquarium, Inc. for the construction, operation and maintenance of an aquarium on City owned property, located west of Osceola Avenue, east of the unimproved Pierce Boulevard rightof-way, north of Pierce Street and south of Cleveland St., for a 60 year term all as described in Ordinance 8418-13? Yes _____ No ____ Section 4. The City Clerk is directed to notify the Pinellas County Supervisor of Elections that the referendum item provided above shall be considered at the special election to be held on November 5, 2013. Section 5. This ordinance shall take effect immediately upon adoption. The amendments to the City Charter provided for herein shall take effect only upon approval of a majority of the City electors voting at the referendum election on these issues and upon the filing of the Amended Charter with the Secretary of State. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED _____________________ _____________________

___________________________ George N. Cretekos Mayor Approved as to form: Attest:

____________________________ Pamela K. Akin City Attorney

____________________________ Rosemarie Call City Clerk

Ordinance No. 8418-13

Ordinance No. 8418-13