ORDINANCE NO. BL2010-820

An ordinance amending Chapter 2.78 of the Metropolitan Code to require the Board of Fair Commissioners of the Metropolitan Government of Nashville and Davidson County to hold a state fair on the fairgrounds property in 2011, to continue operating the expo center at the fairgrounds until a suitable relocation site has been identified, and to oversee the demolition of the existing racetrack facilities for use as a public park.

WHEREAS, Chapter 6 of Article 11 of the Charter for the Metropolitan Government of Nashville and Davidson County provides for a Board of Fair Commissioners (“Fair Board”) to exercise all the powers and perform all the duties imposed on the Fair Board by Chapter 490 of the Acts of Tennessee for 1909 and Chapter 515 of the Private Acts of 2923; and

WHEREAS, the private acts referenced in Section 11.062 of the Metropolitan Charter provide that the Fair Board was established for the purpose of maintaining and operating a fair for the people of Davidson County; and

WHEREAS, section 11.602 of the Metropolitan Charter provides that the Board of Fair Commissioners shall perform such other duties as may be imposed upon the board by ordinance; and

WHEREAS, the Metropolitan Council has determined that it is in the best interest of the Metropolitan Government that a state fair be held on the fairgrounds property in 2011, and that the expo center functions traditionally held at the fair grounds should continue until another location is identified.

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

Section 1. Title 2 of the Metropolitan Code is hereby amended by adding the following new Chapter 2.78:

Chapter 2.78 BOARD OF FAIR COMMISSIONERS

2.78.010 Additional duties.

In addition to the duties provided in Section 11.601 of the Charter of the Metropolitan Government of Nashville and Davidson County, the Board of Fair Commissioners (hereinafter “Fair Board”) shall have the following duties and responsibilities:

A. The Fair Board shall negotiate with the Tennessee State Fair Association to hold a fair in 2011 to be called “The Tennessee State Fair” on the existing 117-acre Tennessee State Fairgrounds site located in Council District 17. Any agreement negotiated between the Fair Board and the Tennessee State Fair Association shall provide that the Metropolitan Government shall not be liable for any financial losses associated with the operation of the State Fair.
B. The Fair Board shall continue to operate the expo center and related facilities on the Tennessee State Fairgrounds property at such times and in such ways as to not interfere with the operation of the Tennessee State Fair until another suitable location for these activities has been identified and approved by a resolution of the Metropolitan Council receiving twenty-one (21) affirmative votes.

C. The Fair Board shall oversee the demolition of the existing racetrack, grandstands, and associated facilities on the Tennessee State Fairgrounds property. Once the racetrack, grandstands, and associated facilities have been demolished and the site has been cleared, the Fair Board shall transfer control of this area, as well as the floodplain area along Brown’s Creek, to the Metropolitan Board of Parks and Recreation for the development and operation of a public park.

Section 2. It is the intent of the Metropolitan Council that the expo center functions held at the Tennessee State Fairgrounds property will operate on the revenues generated by such functions at no cost to the general government. In the event the revenues generated at Tennessee State Fairgrounds property are insufficient for the operation and maintenance of the facilities, the Council intends to appropriate the necessary funds from the State Fair fund balance to cover any shortfall.

Section 3. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Sandra Moore, Megan Barry, Rip Ryman, Anna Page, Ronnie Steine, Parker Toler, Jim Forkum, Walter Hunt, Kristine LaLonde

Amendment No. 1 Failed

Amendment No. 2 (as amended)
To
Ordinance No. BL2010-820

Madam President:

I move to amend Ordinance No. BL2010-820 by deleting Section 1 in its entirety and substituting with the following new Section 1:
Section 1. Title 2 of the Metropolitan Code is hereby amended by adding the following new Chapter 2.78:
Chapter 2.78 BOARD OF FAIR COMMISSIONERS
2.78.010 Additional duties.
In addition to the duties provided in Section 11.601 of the Charter of the Metropolitan Government of Nashville and Davidson County, the Board of Fair Commissioners (hereinafter “Fair Board”) shall have the following duties and responsibilities:
A. The Fair Board shall negotiate with the Tennessee State Fair Association or other suitable nonprofit organization selected in accordance with the applicable procurement rules and regulations of the Metropolitan Government to hold a fair in 2011 and 2012 to be called “The Tennessee State Fair” on the existing 117-acre Tennessee State Fairgrounds site located in Council District 17. Any agreement negotiated between the Fair Board and the Tennessee State Fair Association or other suitable nonprofit organization shall provide that the Metropolitan Government shall not be liable for any financial losses associated with the operation of the State Fair.

B. The Fair Board shall continue to operate the expo center and related facilities on the Tennessee State Fairgrounds property at such times and in such ways as to not interfere with the operation of the Tennessee State Fair until another suitable location for these activities has been identified and approved by a resolution an ordinance* of the Metropolitan Council receiving twenty-one (21) affirmative votes.

C. The Fair Board shall, in conjunction with the Metropolitan Department of Parks and Recreation and the Metropolitan Planning Department, develop a master plan for the future development and operation of the Tennessee State Fairgrounds site and surrounding area.
1. Such master plan shall, at a minimum, include: (a) provisions pertaining to the construction of a public park and restoration of Brown’s Creek; (b) recommended modifications to and/or removal of the existing facilities; (c) planned development of the site for mixed-use purposes; (d) recommended zoning or land use policy changes for the site and the surrounding area bounded by LaFayette Street/Murfreesboro Pike to the north, Interstate 65 to the west, Interstate 440 to the south, and Interstate 24 to the east; and (e) suggested infrastructure improvements on the site and in the surrounding area that would enhance the economic viability and liveability of the area.
2. In preparation of the master plan, consideration shall be given to the existing plans and documents previously commissioned and/or prepared pertaining to the site and the surrounding area, including (a) the South Nashville Community Plan: 2007 Update; (b) the Wedgewood Houston Finding and Recommendations; (c) the ULI Daniel Rose Fellowship Report – Nashville, Tennessee; (d) the 2010 Fairgrounds Taskforce Study; (e) Healing the Historic Pikes – 2010; and (f) the Nolensville Corridor Market Study. The Fair Board shall have the authority to contract with a professional engineering or planning firm to assist in preparation of the master plan.
3. Once completed, such master plan shall be submitted to the Metropolitan Council for approval by a resolution receiving twenty-one (21) affirmative votes. Any required rezoning of the property to implement the master plan shall be in accordance with the provisions of Title 17 of the Metropolitan Code.

Sponsored by: Jason Holleman , Jamie Hollin

*Secondary amendment sponsored by: Robert Duvall, Jim Gotto, Jamie Hollin

LEGISLATIVE HISTORY

Introduced: December 21, 2010
Passed First Reading: December 21, 2010 - Roll Call Vote
Referred to: Budget & Finance Committee
Codes Committee
Parks Committee
Amended: January 18, 2011 - Roll Call Vote
Passed Second Reading: January 18, 2011 - Roll Call Vote
Passed Third Reading: February 1, 2011
Approved: February 2, 2011
By: