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Don Grumleck, Legal Counsel for the Sharks, said they are supportive of the staff report as revised, are excited in being a participant in the holiday rink, and said they are taking all of the operating loss risk with respect to the facility, but are confident that the town and its residents will be supportive. Councilmember Sullivan said since the City is making public art commitments, he asked the Sharks to provide the City with a pro forma that shows their operation so that the City can be the judge of that risk. Also, part of this should be the value placed on the advertising the Sharks is getting. Mr. Grumleck said they are hopeful there will be groups in the community who will want to have their name up so it would not be a Sharks name at all. He said they do not have a naming partner, which would change to whatever the company or individual's name would be. Councilmember McGovern confirmed that the agreement did state this under number 8 of the agreement. Sue Wilson said she and her husband are downtown residents and local business owners of the Cabinet Sensor, said they formed a downtown citizens group, called P -Town Citizens in an effort to revitalize the downtown. She felt the ice rink will be an excellent addition and that the downtown was currently lacking in entertainment and looks forward with continued work and approval of the rink. Melanie Sudek, owner of Murphy's Paw, said they have been working with the Downtown Merchant Group with the City and PDA to hold a spring fling on May 8` supported ice skating downtown, and if approved, the Merchant Group will do what it can to make the transition to get people into the downtown. She has discussed horse -drawn carriages, trolley, or other promotional things to get people to experience the ice rink and downtown. Judy Wheeler, owner of Town Center Books, President of the PDA, said they are extremely excited with the opportunity the ice rink would bring to the downtown and hoped the agreement is approved. Christine Salidivar, Executive Director, PDA, said on behalf of the PDA, she asked the Council to approve the ice rink, as having the rink really fits with the downtown. Mayor Hosterman closed the public hearing. Vice -Mayor Cook- Kallio said that given the number of people expected, she felt it would be nice to have something to hydrate skaters such as hot chocolate or water. Mr. Fialho said if the Council supports the agreement, staff could work with the PDA to create an option in that regard. Mr. Fialho also agreed to send the pro forma budget for review and comment. Councilmember Sullivan supports the ice rink and felt two issues were understanding the cost and what risk the City has, as commitments are being made by the City without fully understanding the Shark's position. He also felt there was advertising value for the Sharks ice rink and the Staples Ranch project, which he felt should be factored in. He said the Sharks will be determining the decision on whether or not they will sell their rights to the re- naming of the facility for its advertising value or for its cost benefit to sell advertising rights. He voiced concern with the existence of a conflict of interest due to the potential lease agreement for the Staples Ranch ice rink and this ice rink and felt the two could not be kept separate. He felt it would not lend to impartial review, and he cold not support approval without more information. City Council Minutes Page 19 of 20 April 21, 2009