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Special reports: Rio Nuevo

  • Oct 29, 2010
  • Oct 29, 2010 Updated Sep 5, 2012
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Here are the Star's special investigations and databases on the City of Tucson's Rio Nuevo plan for downtown redevelopment.

$77 million spent on Rio Nuevo, and here is what we have so far…

In the nine years since voters approved the Rio Nuevo Downtown redevelopment district, the city has taken in — and spent — more than $77 million in taxpayer money.

That almost matches the $80 million voters were told to expect the city to put toward an array of museums, a re-creation of Tucson's birthplace and a Downtown hotel.

But with that much money spent — and just $28,000 in the bank as of June 1 — none of those jewels of the Rio Nuevo plan is even close to starting construction.

Instead, the money has gone to restore two old movie theaters, re-create a small piece of the adobe Presidio Wall, build infrastructure for a new Downtown subdivision and plan how to spend even more money.

Fortunately for Rio Nuevo, in 2006 City Manager Mike Hein was able to get the Legislature to extend the life of the tax increment financing district from 10 to 22 years and up its anticipated haul to $600 million.

Over the years, as Rio Nuevo's slow progress came under fire from frustrated citizens, city officials were careful to avoid saying specifically how much money the special taxing district had brought in, and where it went.

But in the first public audit of Rio Nuevo, a series of Arizona Daily Star public-records requests was able to pin down those financial details — although it was not information the city gave up easily, as many of the records were incomplete, unorganized and lacking in detail.

The city's lack of progress hasn't gone unnoticed in the Legislature, which is poised to pull the redevelopment district's funding next session to fill expected holes in the state's budget.

"That's definitely possible," said Tucson Republican Rep. Jonathan Paton, who said efforts this year were blocked by Senate President Tim Bee of Tucson, now running for Congress. "I heard it mentioned this session, but they couldn't do it because of Tim Bee. They hate these special taxing districts."

The news that Rio Nuevo has spent $77 million caught even those who have watched the project closely by surprise.

"I'm flabbergasted," said Republican businessman and Downtown landowner Bruce Ash. "It's incredible they have blown through this money and there's nothing to show for it. Usually I'm not at a loss for words, and I am at a loss for words. It's shocking."

Commercial real estate broker Mike Ebert said disbelief was his first reaction when hearing Rio Nuevo's price tag.

"Where is it, what did (the city) do?" he said. "I have no idea what they spent that money on."

But Mayor Bob Walkup, the city official whose legacy is most closely linked with the project as voters elected him mayor the same year they approved the district, said the money has been wisely spent.

"A lot is going on, and it's all positive," Walkup said. "Everybody is waiting on the arena and convention center hotel. The private sector really wants to see these under way. They are right around the corner."

The $77 million has accomplished some things. More than $11.5 million went to refurbish the Fox Theatre, which is open and hosting shows and movies. Nearly $4.3 million went to re-create a portion of the 18th-century Presidio Wall, which encircled and protected the Spanish fort of Tucson.

Several public/private partnerships have also been done, or appear to be on track. The Rialto Theatre, a former movie house transformed into one of the area's most active concert venues, got $2.3 million. Another $5.5 million went to the Mercado commercial and housing project going up on the West Side, and $735,000 went to refurbish the Martin Luther King Jr. housing project.

But Eric Abrams, a local developer and active Democrat, said that's not much to show for 10 years.

"A movie theater that's not open much, a fake wall and a bunch of plans that are never going to happen is not much for $77 million," Abrams said.

Sunny rhetoric amid dark clouds

Walkup is not alone in his optimism. Many city officials, including Hein, Rio Nuevo Director Greg Shelko and some City Council members still say progress is right around the corner.

That case gets harder to make, however, when several of Rio Nuevo's highest profile projects still have no construction timetable after undergoing years of public planning and evolution.

● The arena, proposed as an $80 million public/private partnership by Walkup five years ago, grew into a $200 million city undertaking before shrinking back to the $100 million range. And depending on how the re-creation of Tucson's birthplace and the convention hotel are financed, there may not be enough money to build it.

● The science center started out as a modest replacement for the Flandrau Planetarium, ballooned into a $350 million Rainbow Bridge, then shrank back down to a $130 million project. But even at that price it's still in doubt because the city and UA can't agree on how to split the funding, even after spending a combined $15.5 million on planning.

Getting the records

Financial records for Rio Nuevo can be difficult to get, and to decipher.

The city's response to the Star's first request was to lump Rio Nuevo revenue and spending in with debt service and revenue from the nearly 40-year-old Tucson Convention Center, with little way to tell which was which.

A subsequent request identified spending on each project, but not specifically what the money went for.

A series of additional requests produced illegible and incomplete documents and money accounted for in illogical categories that made it hard to track. For example:

● A $1.4 million repayment by the Fox Theatre was put under the miscellaneous category, and no one in the city's Rio Nuevo, budget or accounting offices could say what the miscellaneous revenues were until pushed by the Star to figure it out.

● The price tag of a new Downtown arena was listed at $52,000, even though the city had already spent $1.5 million on planning, consultants and minimal infrastructure work for the arena and adjacent civic plaza.

● Much of the $10.47 million the city spent on contractual services since 2000 cannot be broken down by project, a problem Interim Finance Director David Cormier said the city is working to fix. He said the data should have been listed by project from the start, but wasn't.

● Because of the way files are kept, details about spending before 2005 are available only if you already know what you're looking for. Backup receipts for spending since then are on microfiche, and copies provided to the Star were nearly illegible.

Deputy City Manager Mike Letcher said the city followed all proper accounting practices and got the required signatures for each expenditure. "We can get the information folks need," Letcher said. "The question is putting it in a format that's easily understandable."

Rio Nuevo Director Greg Shelko said whenever an expense occurred, someone at the city always knew what it was for. It's just that someone from the outside — like the Star — has a hard time comprehending the data and getting detailed information. He said the receipts are there even if they aren't easy to find.

Ash, the Republican businessman, said he has been requesting an accounting for Rio Nuevo for years and has heard nothing.

"Who was watching this; how does this happen?" Ash said. "It's someone else's money. It's an open checkbook, and they don't want the public to see because there's nothing to show for it."

Progress hype

Criticism of Rio Nuevo's snail's pace is nothing new.

The district originally had a 10-year limit on its ability to claim an extra share of state sales taxes. To maximize revenues by waiting for the economy to improve, and buy time to replan what should be built, the city didn't start collecting the tax until 2003.

By then, with impatient citizens clamoring, Walkup called for approval of a $100 million University of Arizona science center as "the cornerstone project for Rio Nuevo; this is where we really get things going."

Over the next three years, the project morphed into a $350 million "Rainbow Bridge" across Interstate 10 that Tucson architect and activist Jody Gibbs called "one of the dumbest projects or suggestions in the history of the city."

Gibbs said the project came to symbolize what a "gigantic boondoggle" Rio Nuevo had become.

Despite the false starts, city officials said they hope the public hasn't given up hope.

"We need to get the public to share our belief that yes, it is happening," Councilwoman Nina Trasoff said. "We built the foundation for Rio Nuevo. Not literally, but figuratively we have established the footings for Rio Nuevo with that $77 million."

But City Hall watcher Gerald Juliani said Rio Nuevo has been about "lots of ambitious talk and no action on almost anything." He says the city has spent "like a drunken sailor" to the tune of more than $7 million a year, and "they don't have much to show for it."

"It's always just around the corner," Juliani said. "Rio Nuevo has been a bonanza for consultants. There's no bricks and mortar for people to see."

Hein said he understands the public anger, adding the city has consistently "overpromised and underdelivered" by giving overly ambitious timelines and hyping projects that were never going to happen.

But he contends that Rio Nuevo didn't really start in 1999, because there wasn't enough money to build all the projects. Progress should be judged from June 2006, when the Legislature approved the $600 million, he said.

Although the city has spent the money as it came in thus far, officials are now moving to quickly to sell bonds that would be repaid with future Rio Nuevo taxes, obligating the money before the Legislature can take it back.

Paton said any progress is helpful, but warned the die may have already been cast as far as losing the money is concerned.

"It could help," Paton said. "But it's getting to the point where it's a day late and a dollar short."

STATUS OF RIO NUEVO PROJECTS

Don Bourn's The Post

Project type: Private, with public help

Original concept: The city bought the Downtown block that included a more than 100-year-old storefront built by pioneer rancher George Pusch from the federal government for $1 in 2003, planning to demolish the Pusch building and other structures on the block. Developer Don Bourn won a competitive process to buy the site for $100 and develop it.

What happened: After originally saying it would try to save the Pusch building, the city quickly tore it down in August 2004 over protests from community members, who unsuccessfully sought an injunction to stop the demolition. Bourn changed his plans numerous times over the next three years, proposing a 14-story tower, then changing his project back to his original five-story design, then proposing "condotel" units and then quickly killing that proposal. Bourn said construction would start in April 2007 and then later said July 2007. He told the City Council in March that he would begin construction by May 2008.

Status: Failed unless Bourn can start construction soon. He said he will start any day now, but has said that for years.

Taxpayer bill: $690,836. More than $500,000 went toward tearing down the Pusch building and cleaning up the debris.


Downtown Arena

Project type: Public

Original concept: The original plan submitted to voters in 1999 for Rio Nuevo didn't include an arena. It was added in 2003 at the behest of Mayor Bob Walkup. The City Council voted 4-3 in early 2004 to solicit developers to submit proposals to build an arena on the southeast corner of West Congress Street at Interstate 10.

What happened: The City Council selected a Texas-based developer who proposed an arena shaped like the shell of a desert tortoise. While discussing a separate Downtown project in the area, the council unexpectedly voted unanimously to back a $130 million, 12,500-seat arena shaped like a tortoise in April 2007. In April 2008, the Arizona Daily Star uncovered new cost estimates that pushed the price tag to nearly $200 million. The council quickly abandoned that plan and is seeking to build a smaller 10,000- or 11,000-seat arena.

Status: In flux. Could still go either way. The city will solicit proposals from at least four arena developers in the coming months.

Taxpayer bill: $1.45 million for studies and concept plans, including studies on whether to just upgrade the Tucson Convention Center.


UA Science Center

Project type: Public

Original concept: A nearly $100 million science center to replace the current Flandrau Center on the University of Arizona campus was approved by the Arizona Board of Regents and the City Council in 2003. The council committed $20 million, and the university was to pay much of the estimated $73 million construction cost.

What happened: The idea somehow ballooned into a $350 million "Rainbow Bridge" that would span Interstate 10 and the Santa Cruz River and hold exhibit space on the bridge. UA officials hired a highly touted New York architect known for cost overruns and were adamant the city pay the entire cost, which didn't sit well with taxpayers. The city finally said no to the Rainbow Bridge. A $100 million science center combined with a $30 million Arizona State Museum is now planned.

Status: In flux and could go either way. The UA wants the city to pay the full cost upfront. The city is willing to cover the full cost, but not in advance. It wants staggered payments.

Taxpayer bill: $15.56 million. Includes $4.86 million from Rio Nuevo and $10.7 million from the University of Arizona.


Santa Rita Hotel

Project type: Private

Original concept: A $40 million complex proposed in 2004 consisted of a high-end, 66-room boutique hotel, 148 condos, 15,000 square feet of retail and restaurant space, and elevated parking.

What happened: Developers Michael Teufel of Pathway Developments and Humberto S. Lopez of HSL Properties decided to quickly move the highly regarded Downtown restaurant Cafe Poca Cosa to make way for the revitalization of the hotel. Cafe Poca Cosa was given a city subsidy in order to keep the business Downtown. The Santa Rita got bogged down with negotiations with the city because developers didn't want to take responsibility for a public alleyway on the site, but wanted to build over the top of it.

Status: Failed. Teufel walked away from the project in mid-2007 and defaulted on about $6.5 million in loans and is facing the possibility of losing control of his businesses. Lopez said he now wants to build a 160-room, first-class hotel with a spa, a bar and a music venue. The hotel is vacant and unused except for parking.

Taxpayer bill: $556,000, including $500,000 in improvements at Cafe Poca Cosa's new location, and $56,000 in free rent. Paid out of budget for Pennington Street parking garage.


West Side Convento and Museums

Project Type: Public

Original concept: The re-creation of the San Agustín Mission on the West Side was the signature project approved by voters in 1999. Along with several museums, the project would rebuild the cultural birthplace of Tucson, which had been made into a landfill. It would include pit houses from an ancestral Hohokam village, the Carrillo House and features of the mission, which had the first buildings in modern Tucson. The Arizona Historical Society and Tucson Children's Museum are also planned nearby.

What happened: The city has spent millions in environmental remediation for cleaning up the landfill site in order to get the West Side project ready for development. The City Council voted unanimously to spend nearly $54 million to re-create the convento and mission gardens along with roads, landfill remediation, a bridge over the Santa Cruz River, and design and construction management.

Status: Likely to happen, but unpredictable when or exactly what. Plans for a parking garage, cultural plaza and convento are nearly done, and construction could start in months if the council votes to move forward.

Taxpayer bill: $21.68 million. Money went to cleaning up the landfill, buying property, and infrastructure and design work.


MLK Revitalization

Project Type: Public-private partnership

Original concept: The city wanted to sell the 39-year-old public housing project, but then developed a public-private partnership for retail and housing in the MLK building, along with a new public housing project nearby.

What happened: The city's Community Services Department changed course in mid-2006 and was pushing to demolish the building and replace it with a four-story public housing project, preventing any retail or market-rate housing there. After a Star story about the change and the fact that the city was misusing nearly $1 million in Rio Nuevo funding that was supposed to go to a public plaza on the site, the city switched back to the public-private partnership idea and sold the property to Portland, Ore., developer Williams & Dame Development.

Status: Making good progress. Williams & Dame Development is turning the housing project into rentals and building retail along Congress Street for the project called One North Fifth.

Taxpayer bill: $735,327 in Rio Nuevo funds. Plans also call for Rio Nuevo to spend $1 million for a public plaza there, $1 million for street improvements and $5 million for a parking garage beneath the site.

 

Where your Rio Nuevo taxes went

They promised buildings — hotels, an aquarium and museums.

Nine years later, Downtown Tucson has two refurbished movie theaters, a re-creation of the Presidio wall and a wider freeway underpass.

A comprehensive Star analysis of the $63 million in taxpayer dollars paid to outside vendors since voters approved Rio Nuevo in 1999 shows that much of the money has been spent to plan projects that stalled.

It also went to pay for things that while not prohibited, are not what excited voters about Rio Nuevo. That includes paying to sponsor events with loose ties to Downtown development and on public relations to promote Rio Nuevo to an increasingly impatient population.

Among spending the Star investigation identified:

● $4.6 million for the planned Downtown University of Arizona science center, most paid to the university despite a lack of receipts or supporting documents. The city agreed to pay half the UA's bills partly so the university would drop its notion of building a massive Rainbow Bridge over Interstate 10 and the Santa Cruz River.

● $625,000 to Annapolis, Md.-based Hunter Interests Inc. for a Rio Nuevo master plan that was then discarded.

● Nearly $1.2 million on public relations to promote Rio Nuevo.

● $15,000 for a title sponsorship for El Tour Downtown Fiesta.

● Nearly $9,000 for barricades and security for two annual All Souls Processions.

● Nearly $6,000 for two plaques to honor U.S. congressmen, one of which has yet to be installed because the development where it was to be posted remains an empty lot.

● $5,000 to sponsor an Homage to Father Kino art exhibit Downtown.

The Star shared its analysis with 15 people involved in Downtown redevelopment in various ways, as well as government accounting experts.

Some were surprised that several of the Rio Nuevo's biggest-ticket items are invisible to residents eager to see progress Downtown. Among them:

● $7.45 million to the Arizona Department of Transportation to rebuild the Clark Street underpass at I-10, and another $1.55 million for traffic mitigation there.

● $3.6 million for environmental services to remediate a landfill south of Congress Street on the west side of I-10.

● $3 million for studies and planning.

● $2.5 million for consulting.

"The thing has so clearly floundered, unfortunately," said architect Bob Vint, a historic preservationist involved in a number of Downtown projects. "It's sobering to see how easily they went through the money. They certainly spent freely in an unfocused way."

But that view isn't shared by Rio Nuevo boosters like Jeff DiGregorio, Rio Nuevo District board member and owner of Downtown's Royal Elizabeth Bed and Breakfast Inn. He said he sees Downtown progressing well, and "absolutely" meeting goals to be right where it should be.

"When I look at progress, I see exactly what I want to see," DiGregorio said. "Half of it has been built or is in some reasonable state of predevelopment."

How much was spent

Because of difficulty tracking expenses through the city's accounting system, the Star analysis includes $63.4 million in payments to outside vendors but not more than $10 million in payments between city departments.

Through June 30, the city has spent $16.4 million for new construction, the paper's analysis shows. That doesn't include $4.4 million to design five Rio Nuevo structures like a parking garage and the Presidio wall that are under way or completed. Another $2 million has been spent designing future projects and $8.5 million for improvements such as widening streets.

The rest of the $89 million spent on Rio Nuevo through June 30 went for personnel, debt service, equipment and other expenses.

The Rio Nuevo fund is now $10.2 million in the red because the district took in only $78.7 million in revenue through June 30. And Rio Nuevo owes the city's general fund another $6.8 million that needs to be repaid this year to help bridge the city's budget deficit.

That means Rio Nuevo has $17 million more in commitments than it has taken in. Jaret Barr, assistant to the city manager, said that money will be repaid through bond sales this year, adding there are backup plans in case it can't sell the bonds. That includes a short-term bank loan or raising money in the commercial paper market.

Community reaction

The Star's analysis elicited reactions ranging from strong statements of support for Rio Nuevo to exasperation at how slowly the effort is progressing.

Several people singled out the $1.2 million spent on public relations.

Infill developer Richard Studwell said the money didn't go to attract developers or businesses Downtown, but instead was used to "cheerlead for themselves" and "convince anyone who's listening that they have done something."

"Why did we have to spend so much on PR?" asked David Tang, a member of the now-defunct Rio Nuevo's Citizens Advisory Committee. "Is it because we wanted to show something was happening?"

Others questioned the $5,800 for two plaques made to honor U.S. congressmen. The city spent about half that money on a plaque for U.S. Rep. Ed Pastor that was installed at the city's Historic Train Depot, which is not a Rio Nuevo project.

A second plaque was created for then-U.S. Rep. Jim Kolbe to be posted on the Thrifty Block, on East Congress Street just east of South Stone Avenue, once a project there is completed. After the city tore down a 100-year-old building there in 2004, the lot remains vacant.

Also singled out for criticism was the $4.6 million paid to the UA for the science center.

The UA's receipts sometimes contained only an invoice for hundreds of thousands of dollars with no backup material.

Included is $585,000 in payments to New York-based architect Rafael Viñoly. Bob Smith, the UA's director of facilities, design and construction, said late last week that the UA actually has paid Viñoly $4.86 million.

Other receipts include the rental of office space in New York City for UA consultants, and $7,500 that was wired to a Russian company for software development. Smith said the UA intends to submit all its backup receipts to the city. He said the New York office is a small temporary office, and that the Russian contractor has specialized expertise.

Hein said he signed off on the UA receipts: "We made the decision that the UA was paying 50 percent and we wanted to be a good partner."

Tang questioned how the science center went from a joint venture with the city putting up $20 million, to the city footing the entire $130 million bill. "It's all on Rio Nuevo's back. It doesn't make any sense," he said.

A fight about numbers

The city objected to categories the Star used to break down Rio Nuevo spending, calling them arbitrary and manipulated.

City Manager Mike Hein said the way the Star categorized payments was not how "industry professionals" would do it. "A journalist is going to categorize expenses different than a finance person," he said.

However, there are no set accounting standards for governments, the state auditor general said.

Charlie Francis, a government accounting expert who helped negotiate Iraq's agreement with the International Monetary Fund, said the Star's analysis goes beyond an audit, but it "does not go beyond what a government body should be receiving annually." Francis, who spent 16 years as a finance director, said city leaders should want such a report regularly.

Hein said new construction was "grossly mischaracterized" in the Star analysis because it didn't take into account money spent on design and construction documents. Instead the Star listed them in the design category.

The Star analysis found that $16.4 million has been spent on construction; the city says that figure should be $29.3 million plus another $7.7 million for design.

Greg Shelko, Rio Nuevo's director, said he considers every expenditure involving a project "bricks and mortar." That includes feasibility studies for museums, land purchases, archaeology work and money spent to clean up the landfill on the west side of Rio Nuevo. That's because the city wouldn't build museums without first studying whether they would work financially, and then preparing the site for construction, he said.

The city's investment hasn't yielded immediate results, Shelko said, but that will happen over the long term once the private sector starts building.

Lee Schiffel, assistant professor of accounting at Valparaiso University, called the city's Rio Nuevo accounting "sloppy" because it is missing the names of vendors paid between 2001 and 2005.

"What's costing the city is chasing pipe dreams that aren't being fulfilled," she said. "The money is being spent on upfront planning that isn't materializing," she said.

Of the Star's analysis, Schiffel said, "While it's not the way the government would account for it, it's done in a way that's easy for the public to understand. That's the kind of stuff I'd like to see government doing more of."

Fate in Legislature's hands?

In response to criticism over Rio Nuevo's $77 million price tag and fears that the Legislature may take away the tax money financing the project, the City Council in August unanimously approved $454 million in bonds to fund its planned major projects.

City officials said the bond approval shows it has acted in good faith and that state lawmakers shouldn't take the money back to feed a sagging state budget. Rio Nuevo is a special tax-increment financing district funded by state sales tax diverted to the city.

Tucson Republican Rep. Jonathan Paton said the Legislature could pull the funding if Republicans retain control after the November elections.

Rio Nuevo's chronic public problems convinced Paton to introduce two bills next January. One bill would make Rio Nuevo financial information more understandable and accessible to residents. It could include requiring searchable databases to be posted online.

The other would make the city's election system non-partisan like the rest of the state. He said partisan elections contribute to the "politization" of Rio Nuevo.

While frustration in some corners builds about Rio Nuevo's pace and potential for success, the effort has strong supporters.

The "money we've spent so far has been well spent," Tucson Mayor Bob Walkup said.

"I think all of it has been justified and approved and is moving us forward to where we are today," Walkup said. "I'm very comfortable it has been spent wisely."

UA outlay for science center near $13 million

The University of Arizona has spent nearly $13 million designing a new science center for Rio Nuevo — including notable expenses for travel, meals and architectural designs that have been discarded, according to an investigation by the Arizona Daily Star.

Pitched to voters in 1999 as a $30 million item, science-center costs ballooned to $350 million with the proposed addition of a Rainbow Bridge across Interstate 10 before settling back down to about $130 million in a joint development with the Arizona State Museum.

With the project poised to move ahead with its third and final building design, a database created by the Star gives taxpayers their first detailed look at what's been spent since mid-2004.

Combing through more than 2,700 paper receipts provided by the UA, the Star found:

● $4.86 million to architect Rafael Viñoly, about two-thirds of which was for the Rainbow Bridge and other designs that were scrapped. Viñoly is still working on a scaled-back science center.

● More than $355,000 in travel expenses for consultants and personnel, including trips to Rio de Janeiro, Brazil; Acapulco, Mexico; The Hague, Netherlands; and various locations around Italy. Much of the travel money was spent bringing consultants to Tucson for meetings, evidenced by more than $40,000 spent on plane tickets.

● $63,000 wired to a Russian bank so a software company called Softomate could develop an Internet Explorer Toolbar add-on. UA officials said they wired the money to Russia because that office does different work than the company's office in Washington state.

● More than $1 million to outside consultants for exhibit design, although the UA is doing most of the exhibit design itself.

● $112,000 for state-of-the-art computers, laptops and electronic equipment for the university, including $7,000 to purchase 12 iPhones. The UA received few bulk discounts on the equipment.

● More than $250,000 in rent, furniture and installation for a new office in the Unisource Tower, so the university would have a presence Downtown.

● $173,000 for public relations.

● $43,000 for local catering and for meals throughout the country, including New York.

● The UA billed city taxpayers nearly $1.75 million in salaries for university employees who worked on the project.

University defends spending

The university defended the expenses on travel, meals, technology and architecture, saying it pared back spending as much as possible when the city reduced its funding for the science center.

Bob Smith, the UA's director of facilities, design and construction, said the payments to Viñoly are "well within the normal parameters of architectural, engineering and specialty consultant costs" for a complex project such as the science center.

Smith said 75 percent of the meal costs were catering for community meetings or working meetings that contributed to the development of programs, exhibit concepts and design.

He defended the travel spending because he said the university flew many experts to Tucson for their opinions rather than paying them consulting fees. But a Star review of the receipts found that only a handful of the experts fit that description. A vast majority of the travel was for paid consultants or staff members.

"I think we are getting a heck of a deal," Smith said of the travel. "We're getting some of the best minds in the world for the cost of flying them out here."

Of those reimbursed the most for travel, only Columbia University's Peter Eisenberger, a longtime colleague of Flandrau Science Center Director Alexis Faust, directly fit Smith's description. He was reimbursed more than $52,000 for travel.

"A lot of the concepts we are using came from Peter," Faust said, adding that he spent thousands of hours on the project and never charged a fee.

Much of the international travel, Smith said, was for conferences where the UA made presentations, including one in Rio de Janeiro where he gave a presentation on how to properly engage the community when building a science center.

Faust said the iPhones were needed because smartphones will be integral to the experience at the center and they are being used in exhibit prototypes. She said the UA needs many of the laptops for exhibit prototypes as well as community outreach, adding that any furniture or electronic equipment bought will be transferred to the science center at Rio Nuevo when it is built.

The Russian contractor Softomate was selected for its expertise in developing custom toolbars for Internet Explorer and other Web browsers, along with its in-depth knowledge of "spidering" — intelligent Internet searches that add content to a Web site.

Faust said every contractor was "the best in the business or had specialized expertise that made us pick them."

Numbers analyzed

Sheila Grinell, who founded and developed the Arizona Science Center in Phoenix and wrote a book on how to build a new science center, analyzed the Star's database and said none of the spending strikes her as "outrageous."

Given that the university hired people from New York, she said, "If you are going to work with them, you have to fly them." She said designers Viñoly and Ralph Appelbaum cost a lot.

But Bob Vint, a local architect who is working on preserving the Mission San Xavier del Bac, criticized the time and money spent on the now-discarded Rainbow Bridge version of the science center, saying it was "absurd" that the UA fell for the idea, and that the city and the university need to start learning from their mistakes.

"We fall for these nonsensical, grandiose visions and throw millions of dollars at them. It's just dumb," Vint said.

However, it's not just UA money being spent. As part of the agreement to scrap the Rainbow Bridge design, the city agreed to pay half the UA's design cost, meaning city taxpayers split a $12.8 million expense.

When asked whether the city reviewed and approved the expenses, the city released a short statement from City Manager Mike Hein stating: "The city is only following the terms and conditions of the agreement. If the university approves the expenditure and pays for it, then we are obligated to reimburse one-half the amount."

A new beginning

Although university officials showed the Star the new design for the joint science center and Arizona State Museum, Smith said it was two to three weeks premature to make the plan public.

However, late Friday, Faust e-mailed the design plans to science center "supporters."

The design shows visitors entering from the west, with a large plaza in the middle containing a three-story IMAX theater. The science center with its planetarium dome is to the left and the museum to the right. A dome-shaped telescope is located at the southeast corner of the building.

Smith said the final schematic design will be completed soon, with the more intensive design and engineering work to be completed next year. An optimistic timetable for starting construction is in mid-2009, with the center opening by 2012.

At the same time, staff for the Flandrau is developing exhibits for the science center. The centerpiece is an interface that will allow visitors to swipe either an electronic card or a smartphone at the entrance to the museum and at all exhibits.

Faust said the interface — a program called ZoneBee the UA has spent $750,000 on — will transfer content from the exhibits to cell phones and home computers and allow visitors to experience the center after they've left. The museum would also create a specialized Web site for visitors and continually update users with new science and Flandrau information.

To help create ZoneBee, the UA hired New York-based employee Giovanni Battistini for nearly $150,000, and has reimbursed him more than $78,000 for travel, meals and cell-phone use in the past several years. Faust said Battistini would make much more in the private sector.

Battistini also has an agreement with the UA to try to develop ZoneBee commercially. The agreement calls for the UA to have a "substantial" investment with Battistini in the product, but the amount is confidential under the terms of the contract.

UA President Robert Shelton said ZoneBee is a good concept with the potential to be engaging for museum visitors.

Shelton said he did not look at the Star's numbers, and delegated the budget and planning for the science center to those under him.

Reactions of support, anger

Tucson City Council members defended the university and its spending.

Councilwoman Regina Romero, who represents the West Side, said the university is the expert, and she has faith in it to "plan, design and deliver" the science center.

Mayor Bob Walkup said the spending amounts "sound about right to me." He said the city will soon conduct an audit to see how the UA has spent the money, even though the city has already paid the UA most of its $6.4 million share.

Some community members were more critical.

Downtown business owner Margo Susco said she was appalled by what she called the extravagance of the UA's spending: $16,000 at the Arizona Inn, $40,000 on plane flights, and meals at some of Tucson's finest establishments.

"As a taxpaying small business owner Downtown, I think it's ridiculous," Susco said. "They are just flagrantly spending. It's just not right."

Developer Richard Studwell said the UA spent money on whatever it thought it needed with no regard to cost.

"This is indicative of Rio Nuevo: It's not run in a business-like fashion," Studwell said, adding there's little appreciation shown for the taxpayer's money. "They fire the football coach if he loses too many games. These guys are spending millions of dollars and nothing is said."

Story and database: Rio Nuevo legal bills pile up as work lags

The new Rio Nuevo board has spent barely a dime on downtown building projects but is closing in on $1 million spent on lawyers in its first 18 months of existence.

Formed in early 2010 to cut wasteful spending downtown, the board spent $870,000 on legal fees through October 2011 - the latest month for which a full accounting was available.

That doesn't include November through this month, as the board negotiates with the Fox and Rialto theaters over rent, mediates with the city over who owns and who owes what, and deals with a suit filed by the developer of a now-defunct hotel proposal. Partial bills for November add $7,000 to the total.

The bills were released as part of a public-records request from the Arizona Daily Star. Although the Star's request three months ago was for "a full accounting of district finances," the Rio Nuevo board has released only legal bills and an 18-month-old financial statement despite its pledge to provide more information on how taxpayers' dollars are being spent.

The Legislature took control of Rio Nuevo away from the city after it spent $230 million with little actual development. State law required the new board to post its spending online so taxpayers could see where the money was going. That hasn't happened.

Although the board agreed in December to hand over reams of financial documents to the public and the media, it has yet to release any additional material.

In November 2010, when the board had spent $350,000 on attorneys, district chairwoman Jodi Bain predicted that the bills would start to taper off fairly quickly because the planned hotel had been scrapped and the board had a preliminary legal agreement with the city over which properties each owned.

But the agreement with the city has since fallen apart, disputes over the hotel linger and legal spending has continued - and recently accelerated.

October 2011 saw nearly $56,000 worth of legal bills, the same as September. The most expensive month was June 2010, when the district spent more than $71,000. The bills tapered off after that.

Board members say they had had to seek legal advice because of the difficulty disentangling the district's assets from the city's - which essentially is what they said a year ago.

The board inherited 10 years "of a troubled Rio Nuevo history" with incomplete projects, nonperforming development agreements, spotty files and a shoddy trail of legal and financial documents, Bain said.

Bain, a lawyer herself, said taxpayers are getting a better deal than it might seem since each of the firms has written off time or given discounts.

The lawyers' work, she contends, has saved taxpayers as much as $3 million. Based on legal advice, the board has stopped spending on projects outside district boundaries such as drainage improvements in nearby barrios. It also stopped spending on non-district projects, such as the Depot Plaza parking garage, where the bills are in the city's name and not Rio Nuevo's. And it halted invoices on the downtown convention hotel because Rio Nuevo contends it had already overpaid.

"A cost-benefit analysis demonstrates significant savings due to the works of various counsel efforts," Bain wrote in a letter to the Star.

"The district board is trying its best to look out for the taxpayers while often being told to shut up and toe the line," she said. "Despite various obstacles and negative public opinion, the district looks forward to trying to work through and resolve many matters within the next four to six weeks."

In the past year the board has worked with four law firms, each on separate issues.

The firm of Lewis and Roca, which provided general legal counsel, was paid the most, at up to $325 an hour. Lewis and Roca was replaced in July.

Gugino & Mortimer received $227,000 at up to $375 per hour, handling real estate until the firm resigned in April.

Gust Rosenfeld came on in February to handle real estate litigation issues and later took over for Gugino & Mortimer. It has collected $200,000 at up to $310 an hour.

Rusing and Lopez worked with the district for two separate time periods, collecting $202,000. The firm, which charges $265 an hour, worked in 2010 on the Convention Center hotel, then followed up in 2011 on the forensic audit of several projects.

Rio Nuevo board member Jonathan Paton said he's convinced the legal costs will go down soon, if the board can resolve its dispute with the city.

Taxpayers are willing to be patient with the board, he said, even if they're soured on Rio Nuevo as a result of the past decade of mismanagement.

"I think they know the whole system has been a mess," he said, noting the spending on attorneys is minuscule compared with the previous spending of $230 million. "The board has basically stopped the hemorrhaging of money that we saw."

Paton, who pushed hard for an online database to be part of the Rio Nuevo reforms when he was at the Legislature in 2009, said it was intended to track major projects, and the board hasn't done any of those.

Still, Paton, who has been on the board for nine months, agreed it should apply to everything, including administrative and daily expenditures. "It's something I've always fought for in general," he said. He made a motion at the Friday meeting, which passed unanimously, that the board's executive director develop a plan to get the information online.

Bain said part of the holdup, aside from the fact the district still doesn't have its accounting ledger in order, is that it's going to be expensive to put the information on the website. In the interim, she said, within the next two weeks all of the board's financial information will be placed in three-ring binders in its attorney's office for the public to go through.

Councilman Steve Kozachik, who has been critical of the district, said taxpayers should be up in arms. "Their website is out of date," he said. "Every time they have a meeting, two-thirds of it is spent in executive session. They're not responsive to public records requests."

"The only people making any money off this board are attorneys," Kozachik said. "A million dollars for attorneys and zero for revitalization. That's a blowout in a sporting event."

John Petrole, a former home builder who owned Cavallino Construction, said he is shocked by the $1 million price tag for lawyers. The city did a terrible job with Rio Nuevo, he said, but the new board "sounds like more of the same to me, just different names and faces. When are we going to see something from Rio Nuevo?"

A YEAR AND A HALF OF LEGAL FEES:

  • Lewis and Roca: $248,037
  • Gugino & Mortimer: $226,918
  • Rusing and Lopez: $202,124
  • Gust Rosenfeld: $200,237

Source: Star research

HOW WE GOT THE STORY:

The Arizona Daily Star requested all financial records from new Rio Nuevo board in October.

Rio Nuevo provided only an 18-month-old financial statement and copies of its legal bills for the past year.

Along with the legal bills from the first six months of the new board's existence that the Star acquired in 2010, the newspaper built a database of the new board's legal expenses since it was created in March 2010.

PDFs of legal bills for each firm by month can be found inside the database at: azstarnet.com/rionuevolegal

 

Contact reporter Rob O'Dell at rodell@azstarnet.com or 807-8465. Contact reporter Rhonda Bodfield at rbodfield@azstarnet.com or 573-4243.

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