RESOLUTION NO. RS2016-460

A resolution requesting that Mayor Megan Barry obtain and make public an independent assessment and valuation of the current redevelopment construction plans for the National Museum of African American Music at the former Nashville Convention Center; further requesting that, if independent assessment and valuation shows current redevelopment and construction plans for said Museum have a value less than that presented to the Metropolitan Council in 2015, the developer should reimburse the underage, and that if the location of the Museum be found not in compliance with what was presented in 2015, the location should be moved to be in compliance; and further requesting that the Convention Center Authority of the Metropolitan Government participate in public hearings before the Metropolitan Council regarding the final location, design and redevelopment plans for the Museum.

WHEREAS, the former Nashville Convention Center (the “NCC”) located at¬¬ 601 Commerce Street, Nashville, Tennessee 37203 on which the old convention center is located is a space that represented the city of Nashville and its citizens for over twenty years; and

WHEREAS, on May 5, 2015, the Metropolitan Council enacted Ordinance No. BL2015-1067, approving the sale and redevelopment of the old convention center property; and

WHEREAS, the development Agreement approved by Ordinance No. BL2015-1067 required certain “Minimum Components”, including the dedication of 45,000 square feet of space to be used for the National Museum of African American Music (“the Museum”); and

WHEREAS, the Agreement approved by Ordinance No. BL2015-1067 makes no reference to the value of the space to be reserved for the Museum. However, prior to final approval of BL2015-1067, Council members had been shown a “Fact Sheet” stating in part: “”The value of the space will be at least $11 million.” (A copy of the “Fact Sheet” is attached to this Resolution.) The Analysis Report prepared for Council members for the meeting date of May 5, 2015 concurred that the Museum shell space was “estimated to cost the developer $11 million.” Council members were further shown design plans depicting a prominent museum space occupying the corner of Broadway and Fifth Avenue with a marquee opening to Broadway; and

WHEREAS, in conjunction with the redevelopment of the old convention center property, the Metropolitan Government agreed to invest further in the development with a $32 million underground parking garage, tax increment financing (TIF) loan to the developer, and an extra $10 million in cash to the Museum; and

WHEREAS, without the participation or approval of the Metropolitan Council or the public or large, alterations have been made to the design and redevelopment plans for the NCC site that many members of the public and the Metropolitan Council find unacceptable, particularly in regard to the space planned for the National Museum of African American Music, and which would appear to diminish its value relative to the previous design representations; and

WHEREAS, the citizens and taxpayers of Nashville deserve transparency and a voice in the design and redevelopment of the NCC site by Spectrum | Emery and OliverMcMillan, given the public stake in the success of the property and the developers’ receipt of significant tax and development incentives from the Metropolitan Government; and

WHEREAS, in the spirit of accountability and transparency, an independent evaluation of the revised design and development plans should be conducted and, further, public hearings should be held to address the final design and redevelopment plans for the NCC site, attended by the site developers, thereby allowing the public to voice their concerns and opinions on creating a space that adequately represents Nashville, its citizens, and the National Museum of African American Music.

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

Section 1. The Metropolitan Council hereby goes on record as disapproving changes to the originally presented design plans for the redevelopment of the old convention center site located at 601 Commerce Street, Nashville, Tennessee 37203, as those plans were disclosed prior to passage of BL2015-1067 on May 5, 2015.

Section 2. The Metropolitan County Council further goes on record as requesting that Mayor Megan Barry request and make public an independent assessment and valuation of the current redevelopment construction plans for the National Museum of African American Music to verify its continued construction value of $11 million as originally represented and to determine the basis for any design and development changes thereto and the legitimacy thereof. Such independent evaluation should be conducted promptly and at least quarterly thereafter throughout the construction and design of the NCC property, with reports submitted to the Mayor and to members of the Metropolitan Council certifying the value thereof.

Section 3. The Metropolitan County Council further goes on record as requesting that, in the event the independent evaluation of the space for the Museum determines the construction value of the space to be less than the represented $11 million dollars, that the underage be contributed in cash by Spectrum | Emery, OliverMcMillan to the developer of the Museum to satisfy the original value represented.

Section 4. The Metropolitan County Council further goes on record as requesting that, in the event the location of the Museum be found not compliant with what was presented to the Metropolitan Council in 2015, then the location of the Museum should be moved to remain in compliance.

Section 5. The Metropolitan County Council further goes on record as requesting that the Convention Center Authority of the Metropolitan Government participate in public hearings conducted before the Metropolitan Council and attended by the site developers, to disclose, discuss and seek public input upon the location, design and redevelopment plans for the NCC site and the National Museum of African American Music.

Section 6. The Metropolitan Clerk is directed to send a copy of this Resolution to Mayor Megan Barry, Spectrum | Emery, OliverMcMillan, and to the Convention Center Authority of the Metropolitan Government.

Section 7. This Resolution shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Erica Gilmore, John Cooper, Jacobia Dowell, Karen Johnson, Fabian Bedne, Tanaka Vercher, Scott Davis, Ed Kindall, Brenda Haywood, Nick Leonardo

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LEGISLATIVE HISTORY

Referred to: Convention, Tourism, and Public Entertainment Facilities Committee
Rules and Confirmations Committee
Introduced: November 15, 2016
Deferred: November 15, 2016
Referred to: Budget & Finance Committee
Withdrawn: December 6, 2016

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