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Substitute Bill BL2019-11 (as amended)

An ordinance approving amendment three to the ground lease for Rose Park between The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Parks and Recreation, and Belmont University; and approving a new ground lease between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Public Education, and Belmont University for the construction and operation of an indoor batting and locker/training facility (Proposal No. 2019M-032AG-001).

WHEREAS, The Metropolitan Government of Nashville and Davidson County (“Metro”) owns, and through the Department of Parks and Recreation (“Parks”) operates, Rose Park; and

WHEREAS, E.S. Rose Park is located on the site of Fort Morton and is linked with Fort Negley and Reservoir Park historically and as a scenic and recreational resource, and

WHEREAS, E.S. Rose Park was created through urban renewal, opened in 1963 as a park for African Americans, and primarily served the Edgehill neighborhood for more than four decades, and

WHEREAS, the Organized Neighbors of Edgehill and other Edgehill residents have made extraordinary efforts to protect E.S. Rose Park and assure its future as a public park, and

WHEREAS, Metro and Belmont University (“Belmont”) are parties to the lease dated November 5, 2007, as authorized by BL2007-1544 and subsequently amended by Ordinance Nos. BL2016-458 and BL2017-662 (the “Parks Lease”); and

WHEREAS, Ordinance No. BL2017-662 approved amendment two to the Parks Lease to permit Belmont to construct a new indoor batting and locker/training facility abutting the baseball field; and

WHEREAS, Belmont subsequently negotiated an agreement with Metropolitan Nashville Public Schools (“MNPS”) for the construction and use, at Belmont’s sole expense, of the indoor batting and locker/training facility on a portion of the Rose Park Magnet Math and Science Middle School (the “School Lease”), attached hereto as Exhibit A, rather than being constructed on the Rose Park property; and

WHEREAS, it is to the benefit of the citizens of The Metropolitan Government of Nashville and Davidson County that amendment three to the Parks Lease (the “Third Amendment”), attached hereto as Exhibit B, be approved to remove the indoor batting and locker/training facility from the Rose Park property, and that the School Lease be approved.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. The School Lease, attached hereto as Exhibit A and incorporated herein, is hereby approved.

Section 2. The Third Amendment to the Parks Lease, attached hereto as Exhibit B and incorporated herein, is hereby approved.

Section 3. The batting facility to be constructed pursuant to the School Lease incorporated herein represents a new partnership between MNPS, Belmont, and the surrounding community partners. The facility will work synergistically with the existing partnership between Metro Parks and Belmont for the improvements at Rose Park. To facilitate the efficient implementation of the MNPS partnership and to ensure the new and continued delivery of benefits of both partnerships to all parties, Metro Parks and MNPS shall convene an advisory group representing a broad cross section of Edgehill community perspectives. This group will meet quarterly to review all aspects of the partnerships between Belmont, MNPS and Metro Parks to ensure that the benefits to all parties are being realized. Some items for consideration shall include but is not limited to:

• Prioritize enabling online scheduling for all Rose Park facilities
• Distribution List for Metro Parks Annual Report on Rose Park
• Facilitating neighborhood access to park green space
• Parking at Rose Park, including recommendations for additional signage
• Park promotion and long term planning/suggestions for Easley Center
• Use of Concessions and other Park Facilities consistent with the Lease Agreement between Metro Parks and Belmont dated November 5, 2007

The composition of this advisory group shall include the following:
• One member appointed by Metro Parks
• One member appointed by MNPS
• One member appointed by Belmont University
• Two members appointed by Metro Council Member for District 17 (currently Councilmember Sledge)
• One member appointed by Metro Council Member for District 18 (currently Councilmember Cash)
• One member appointed by Metro Council Member for District 19 (currently Councilmember O’Connell)
• One member appointed by the Mayor’s Office of Neighborhoods or its successor

The advisory group shall designate one neighborhood appointee to serve as one co-chair and either the Metro Parks or MNPS representatives as the second co-chair. The two co-chairs shall be jointly responsible for meeting agendas.

Meetings of the advisory group shall be open to the public, and the Metro Parks representative on the advisory group (or his/her designee) shall be responsible for notifying Metro Information Technology Services to have advance notice of the meeting included on the Metro Government Calendar of Events. The neighborhood representatives shall serve a term of three years with the possibility of serving a second three year term if reappointed by the District Council Member.

The advisory group shall have the authority to adopt such rules and regulations as it deems necessary for its operation, including a mechanism for the disclosure of conflicts of interest.

Section 4. Section 6 of the Parks Lease, Use of Improvements by Belmont, provides that Metro shall retain sole authority to schedule dates and times of Belmont and Community Events at the E.S. Rose Park Sports Fields, and that adjacent public schools and Metro Parks activities will be given priority scheduling. The Parks Lease further provides that Belmont and Community Event conflicts shall be resolved by the Metro Parks Department,

Throughout the duration of the Park Lease, Metro Parks scheduling has further prioritized, within “Metro Parks activities,” Edgehill Community Events and use by MNPS schools that were already using the sports fields that existed before the Belmont Improvements were constructed. Metro Parks has also waived field reservation fees for recognized Edgehill Community Events. The Metropolitan Council hereby acknowledges and affirms this prioritization and fee waiver, and deems the prioritization and fee waiver to be in furtherance of the purpose and intent of Section 6 of the Parks Lease. Recognized Edgehill Community Events shall include events sponsored by Community groups within a one mile radius of the park that are registered with the Mayor’s Office of Neighborhoods.

Section 5. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsor(s)

Burkley Allen, Colby Sledge, Zulfat Suara, Thomas Cash, Zach Young, Kyonzté Toombs, Antoniette Lee, Jonathan Hall, Sharon Hurt, Joy Styles

Related Documents

Legislative History

IntroducedSeptember 1, 2020

Referred toPlanning Commission

Substitute AdoptedSeptember 1, 2020

Amended and Passed Second ReadingSeptember 1, 2020

Amended and Passed Third ReadingSeptember 15, 2020

Returned unsigned by MayorSeptember 28, 2020

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615-862-6770.

Last Modified: 09/28/2020 12:42 PM