Meet Me Downtown

Desperation. It’s not the proper mindset from which to make sound public policy, yet desperation seems to be the dynamic that is leading the Tucson City Council down a path that it may regret for years to come.

The City is desperate to make positive things happen in Downtown with Rio Nuevo. How much of that desperation is about concern for the upcoming election and how much is a desire to hold onto the TIF funding, I do not know.

The City Council seems set to approve a Development Agreement with the Downtown Tucson Development Company (DTDC), a partnership between Scott Stiteler and Don Martin. In exchange for free land, the City expects DTDC to make contributions to the Rialto Theatre, Warehouse Arts Management Organization, Skrappy’s, and possibly the Facade Improvement Program.

(My disclosure: As the former executive director of the Tucson Downtown Alliance and Downtown Tucson Partnership for several years, I know the properties and most of the characters very well. I don’t know Scott Stiteler, but I have been friendly with Don Martin for about five years. The Rialto Theatre Foundation’s executive director Doug Biggers and board president Michael Crawford are friends of mine. I used to be an active board member of WAMO, and more recently, an inactive board member of WAMO. I support the missions of both the Rialto and WAMO, and I support the City’s efforts to improve Tucson’s downtown.   I also wish Stiteler and Martin the best with the development of their properties, and I hope they make lots of money doing it.  Just not at taxpayer expense.)

The main element of this agreement is the giveaway of $4 million or more in City-owned real estate to DTDC, with contributions from DTDC to the Rialto Theatre, WAMO, and Skrappy’s that add up to far less than $4 million in real value. DTDC is a new company, formed after Martin bought out the interest of Doug Biggers in the 50/50 partnership of Biggers and Martin in the Rialto Block. Stiteler has been the man behind Williams and Dame Development, which left Tucson several months ago, just after their presence helped sell the first part of this deal to the City Council.

Last December, desperation led the City Council to approve the Pre-development Agreement for this deal, without proper due diligence, without proper consideration of the consequences, without proper public vetting. People were warned that they had to fall in line behind it, or else.

It was the same month when desperation led the Council to sell $80 million in Rio Nuevo bonds at the worst time imaginable in terms of financing costs, so they could tie up the TIF revenue stream before the state legislature could take the funding away. That act of desperation will cost the taxpayers of Tucson millions of dollars in excess interest.

Now, six months later, the City Council is up against a deadline it never should have faced; make a deal now with DTDC or pay up. Around $950,000 to reimburse DTDC for costs they’ve incurred. Wow, I know of developers who were induced to spend a lot more than that on projects they thought they were being awarded in Downtown Tucson, and they didn’t get reimbursed a nickel.

What happens if the deal goes through? Well, the City must pay DTDC $800,000 for the completion of the Concept Plan. The City pays (overpays) for that work either way. For perspective on that, consider that the entire Rio Nuevo Master Plan, adopted in 2001 with multiple consultants and lots of public outreach, cost the City $600,000!

The idea of giving away valuable real estate that fronts on Speedway, on Congress, and on Broadway should give all Tucson citizens pause. But when you consider how little is being required of the developer to provide, it is truly disturbing.

When you break it down, the developer is promising to invest in his own property, and to invest a little more in the theater, which obviously enhances the value of DTDC’s property. The developer is throwing a little money ($300,000) at Skrappy’s, the Downtown Façade Program, and the Warehouse Arts Management Organization (WAMO), and it has until 2014 to make all those payments.

In exchange, they get credits for $4 million in City real estate, which may be paid with the conveyance of the old Broadway Volvo site, the Congress frontage to the Ronstadt Transit Center, and part of the corner of Speedway and Stone. This after the same developer got a gonga deal on the Martin Luther King Apartments ($350,000) and also has air rights over the Depot Plaza garage to construct another residential building. And, the Rialto Block (the developer’s property) has been awarded one of four façade improvement grants from the City, for six figures. (More disclosure: I supported the Rialto Block’s façade grant award when I was on the selection committee at the Downtown Tucson Partnership last summer.)

Some property is being conveyed to the theater, but it holds nowhere near the value that makes this deal fair to both the City and the developer. And the developer is counting the construction of an elevator that the foundation does not want or need as a contribution to the theatre, in order to earn part of its credit.

Why is the City not protecting the viability of its own asset, the historic Rialto Theatre? This is the time to ensure its future, by requiring the developer to whom it is giving valuable downtown real estate, to convey all of the portions of property the developer already owns and that the theater needs, to the Rialto Theatre Foundation, which manages the theatre on behalf of Rio Nuevo.

The Rialto is one of a very short list of Rio Nuevo successes, yet the City acts as if it were a nuisance, and as if the City/Rio Nuevo doesn’t in fact own the building.

And of course, the City needs to get true dollar-for-dollar value on the deal overall. The contributions made by the developer need to have the same real value as the properties that the City is promising to give up.

Five years ago, desperation led the City Council to approve an ill-advised deal on the former Thrifty Block. Whoever won the competition for the rights to build on that site would get the land, cleared of the old buildings, and the Indian Village Trading Post building next door, for $100. Bourn Partners won that competition, and they worked diligently to make The Post condo project work. Whatever combination of factors (mostly the housing bubble bursting) led to that development not getting off the ground, the City failed to include a reversion clause in its sale and development agreement. Once the deed was transferred to Bourn, there was nothing the City could do. So now it sits, the empty land, and the empty building. Even the Indian Village shop has long since relocated to La Placita in expectation that the Hotel Arizona was going to be redeveloped next door—two years ago!

Ask a General Manager from a pro sports franchise: Sometimes the best deal you can make is the one you don’t make. Two years from now, we should be out of the recession and the modern streetcar will be almost ready to roll into Downtown. Developers will be lining up, looking to pay the City market value for those properties, especially the one in front of the Ronstadt Center.

The developer should already be properly incentivized to lease out his own space at One North Fifth and in the 200 E. Congress block. But with this deal, fully 40%, or $1.6 million in credits, is “earned” by the developer simply for leasing out space that he already owns.

Why let desperation to make something happen lead us to giving away the store?

Donovan Durband