Ordinance No. 8418-13

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Ordinance No. 8418-13

ORDINANCE NO. 8418-13

AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,CALLING FOR A SPECIAL ELECTION TO BE HELD ONNOVEMBER 5, 2013; SUBMITTING TO THE CITY ELECTORS A

PROPOSED AMENDMENT TO THE CLEARWATER CITYCHARTER TO CR EA TE A NEW SEC TI ON 2. 01 (d )( 8)FOR THE PURPOSE OF AUTHORIZING THE C I T Y T ONEGOTIATE AND ENTER INTO A LEASE FOR A TERMNOT TO EXCEED 60 YEARS WITH THE CLEARWATERMARINE AQUARIUM FOR THE CONSTRUCTION OF AN

AQUARIUM AND ASSOCIATED IMPROVEMENTS ON CERTAINMUNICIPALLY OWNED REAL PROPERTY LOCATED IN THEDOWNTOWN, GENERALLY: WEST OF OSCEOLA AVENUE,EAST OF THE UNIMPROVED PIERCE BOULEVARD RIGHT-OF-WAY BETWEEN CLEVELAND STREET AND PIERCE STREET;

PROVIDING FOR A REFERENDUM ELECTION TO BE PAID FORBY THE CLEARWATER MARINE AQUARIUM; PROVIDING ANEFFECTIVE DATE.

WHEREAS, the Clearwater Marine Aquarium, Inc. (CMA) is a 501(c)(3) not forprofit corporation located in Clearwater, Florida; and

WHEREAS, it is CMAs mission to preserve our marine life and environmentwhile 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 apermanent marine biology learning center focused on preservation , rehabilitation, andeducation regarding marine life; and

WHEREAS, in 1978 the City of Clearwater donated CMAs current location, aformer water treatment plant on Island Estates, to provide more space for CMA toaccomplish 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 theeast coast of Florida, and rescued by a local fisherman, arrived at CMA. The babydolphin, Winter, called CMA home from that point forward as she went through anextensive recovery and rehabilitation process following the loss of her tail. Overcomingall odds to survive after her rescue, Winteris now an international inspiration to disabledchildren, wounded veterans and others with disabilities; and

WHEREAS, in 2011 the major motion picture Dolphin Tale was filmed and

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produced in Clearwater telling the story ofWinterto millions of people across the world;and

WHEREAS, an economic impact study completed by the University of SouthFlorida, 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, andPinellas County; and

WHEREAS, the University of South Florida study found that 72.7% of touristsvisiting CMA are not related to the tourists visiting Clearwater but rather are exclusivelyrelated to the movie-induced tourism generated by the Dolphin Tale movie; and

WHEREAS, CMAs location on Island Estates and Winters Dolphin TaleAdventure (WDTA) located in downtown are major tourism attractions for the City ofClearwater; and

WHEREAS, In 2012 CMA attracted approximately 750,000 visitors to its IslandEstates location and more than 300,000 of these visited WDTA in downtownClearwater; and

WHEREAS, the City desires to demolish the Harborview Center on the Bluffwhich 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 newfacility in order to accomplish its mission of marine mammal and marine animal rescueand public education relating to environmental issues;

WHEREAS, Island Estates is a residential community and the footprint of CMAsIsland Estates location is limited and cannot support WDTA should Harborview Centerbe demolished; and,

WHEREAS, CMA is currently fiscally sound and executing its mission asevidenced by its four star Charity Navigator ranking; and

WHEREAS, on March 5,2013, CMA made a presentation to the City Councilproposing the current City Hall location and associated property below the bluff as thelocation 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

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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 Winterand 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 thepublic interest and in furtherance of the general welfare of the citizens of Clearwaterto facilitate downtown redevelopment by entering into a 60 year lease of the propertygenerally 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 northof 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 Sectio n 2 .01(d), L i m i t a t i o n s ,conta ins 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 thatproperty must be declared surplus prior to the sale, lease or donation for a term oflonger than five years; and

WHEREAS, the Clearwater City Charter Section 2.01(d}(5)(v) prohibits the leaseof property which is identified as recreation/open space on the City'sComprehensive 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'sedge for a private benefit; and

WHEREAS, the Clearwater City Charter Section 2.01(d)(5)(vii) prohibits thelease of property for an initial term of more than 30 years and a renewal of more than30 years without a referendum, and limits total lease for a period not to exceed 60years; and

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WHEREAS, the Clearwater City Charter Section 2.01(d)(5)(viii) requiresrecapture and reverter clauses on leases of municipal property; and

WHEREAS, the Clearwater City Charter Section 2.01(d) (6) p roh ib i t s thedevelopment 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 Avenueon the east, Clearwater Harbor on the west, Drew Street on the north and ChestnutStreet on the south, and the Memorial Causeway without a referendum; and

WHEREAS, the Clearwater City Charter Section 2.01(d)(7) regulates propertybounded by Drew Street on the north, Osceola Avenue on the east, Pierce Streeton 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 is attached hereto as Exhibit B; and

WHEREAS, CMA has purchased the parcel south of the current City Hall siteat 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 lifeand the City desires to develop a new sustainable City Hall; and

WHEREAS, the Lease and other compensatory terms between the City andCMA will help fund and defray the costs of the development of a new sustainable CityHall; 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 60years for the purpose of the construction, operation and maintenance of an aquariumas described herein; and

WHEREAS, the City Council of the City of Clearwater having held aduly noticed public hearing, hereby finds that the Plan is necessary in the interest ofthe public health, safety and welfare of the citizens of the City; now therefore:

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

CLEARWATER, FLORIDA:

Section 1. The foregoing prefatory clauses are hereby fully incorporatedherein 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.

* * * * *

(d) Limitations. The legislative power provided herein shall have the

following limitations:

* * * * *

(8) Notwithstanding and as an exception to anything contained in

section 2.01 (d)(5),(6) and (7) herein, the City Council is authorized to:

(a) Negotiate and enter into a ground lease with the Clearwater MarineAquarium for an initial term of not to exceed 60 years for redevelopment of certainmunicipally owned real property in the Downtown generally described as generally lyingwest 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, forcompensation to be determined by City Council which may be less than fair marketvalue, for the purpose of construction, operation and maintenance of an aquarium asspecifically described herein.

(b) Negotiate and enter into a lease allowing the construction, operation andmaintenance of an Aquarium which shall not exceed 250,000 square feet and mayinclude the following components: Exhibit space including exhibit space for travelingexhibits; Animal hospital including Surgical Suite and medical laboratory; Water Qualitylaboratory; 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 storagerooms, 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 intakeand 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, fo r the consideration b y the vo t e r s o f the C i t y of Clearwater of theproposed Charter Amendment. CMA shall reimburse the City for the cost of the specialCity 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

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Shall the Clearwater City Charter be amended by adding Section2.01(d)(8) to allow the City to negotiate and enter into a lease with theClearwater Marine Aquarium, Inc. for the construction, operationand maintenance of an aquarium on City owned property, located

west of Osceola Avenue, east of the unimproved Pierce Boulevard right-of-way, north of Pierce Street and south of Cleveland St., for a 60 yearterm all as described in Ordinance 8418-13?

Yes _____

No ____

Section 4. The City Clerk is directed to notify the Pinellas County Supervisor ofElections 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. Theamendments 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 ofState.

PASSED ON FIRST READING _____________________

PASSED ON SECOND AND FINAL _____________________

READING AND ADOPTED

___________________________

George N. Cretekos

Mayor

Approved as to form: Attest:

____________________________ ____________________________

Pamela K. Akin Rosemarie Call

City Attorney City Clerk

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Documents

Ordinance No. 8418-13