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Believe in The Cube

Or a Magic Beanstalk. Council approves City Hall Move


BY MICHAEL D. BATES

After listening to Mayor Kathy Taylor's sales pitch for One Technology Center (OTC) last Thursday night, I can confidently predict that she has a bright future selling Fort Lauderdale vacation condo timeshares.

I also predict that City Councilor Cason Carter will be her first customer.

Prior to the 8-1 vote to allow the Tulsa Public Facilities Authority (TPFA) to incur $79 million in debt to buy the shiny symbol of Tulsa's fall from high-tech glory, Taylor read a speech that appealed to anything but hard financial facts. Councilor John Eagleton was the only one able to resist the Mayor's siren song.

I'm not so disappointed that the eight councilors voted for the purchase (it may turn out to be a good deal) as I am in the reasons they gave for their decision. They switched off their B. S. detectors, set aside logic and any concern about cost, and set the City up for a repeat of the Great Plains Airlines debacle.

Although the Council made a show of reducing the risk involved in finding tenants to fill the Borg Cube's excess space, they proceeded to a vote without using the best available information to determine whether the move would leave the city with more money or less money for police, streets, and parks over the near term.

Taylor's over-the-top speech should have been greeted with howls of derision. Some councilor should have told her, "Madame Mayor, come back to talk to us when you can do so without insulting our intelligence."

Taylor claimed that the consolidation of city government offices at OTC would be the "key that will unlock the revitalization of downtown."

Haven't We Heard This Before?

Four years ago, we were told that the new downtown sports arena was going to be the key to revitalizing downtown. Before that, we were told that the key was the Inner Dispersal Loop, the Williams Center, the Civic Center, putting the pedestrian mall in, and taking the pedestrian mall out.

It's as if we have a junk drawer full of house keys, skeleton keys, car keys, diary keys, piano keys, and plastic baby toy keys, and our civic leaders are trying them at random until they find one that works.

Taylor also told the Council that the OTC purchase would accomplish "transformation for our souls." I kid you not -- she really said that. Maybe it's because OTC looks like a crystal. Or perhaps Taylor has been reading The Secret.

Our current City Hall is ugly, and moving to OTC would give a boost to the Blue Dome District, but the deal isn't all that. Only the very gullible would buy the fake-it-'til-you-make-it hucksterism in Taylor's claim that going into debt to buy OTC would "change the trajectory" of our city.

And speaking of Cason Carter, he too professed faith in the transformational power of One Technology Center. I'm not sure whether he said that because he truly believes it or because he was trying to please Mayor Mommy by echoing her words.

Carter plans to run for State Senate District 35 next year, but anyone who spouts such nonsense doesn't have any business handling taxpayer dollars at City Hall, much less the bigger bucks at the State Capitol.

Next to Carter, east Tulsa Councilor Dennis Troyer sent out the strongest "I don't have any business being a councilor" vibe, telling the assembled audience, caveman-like, that a building is like a woman -- "high maintenance."

The meeting also saw south Tulsa Councilor Bill "Cave-In" Christiansen back off once again from an adamant publicly declared position.

The only announced "no" vote the day before, he fell into line after the leaders of Tulsa's political, financial, and social establishment paraded before the council chamber's microphone.

Many of the 20 or so who spoke in support of going into debt to buy OTC talked about how the move would improve Tulsa's image.

As I told the Council, most Tulsans and most visitors to Tulsa will never see City Hall. For most people, the image of Tulsa is not formed by what our City Hall looks like, unless we were Toronto, but by our crime statistics, the condition of our streets, whether our parks and rights-of-way have been mowed, and whether our pools are working and open for business.

The money the City needs to improve our true image is found in only one place--the two-percent sales tax that feeds our general fund. It's been a long time since city officials have been able to stretch our general fund dollars far enough to keep our city from looking shabby and feeling unsafe.

The decision to go into debt to buy OTC for a new City Hall should have come down to this question: Will this deal leave us with more money or less money to spend on government basics?

One would hope that that question would be uppermost in the minds of our city councilors, who had just been through a grueling budget process, unable to open more pools, unable to fund enough new police officers to outpace attrition.

Finding the answer isn't rocket science. There are a handful of variables, and all but one of them could have been determined with a high degree of certainty: The payments on the new building, the operating costs for the new building and for our existing buildings, the major repairs and improvements that would be needed if we stayed in the existing buildings (aka "deferred maintenance"), and the amount of lease income the city would get from third-party tenants in the new building.

Taken together, these numbers would have provided a very clear picture of whether or not moving to OTC would be a good financial move. Without these numbers, the Council couldn't know whether the move would mean millions more or millions less to spend on the basics each year.

But the Council knew weeks ago that they didn't have accurate and specific numbers for the cost of operations and the cost, likelihood, and timing for repairs and improvements to the buildings the City government now occupies.

Instead of demanding to know to the penny what the city actually spent on building operation and maintenance in recent fiscal years -- e.g., what we paid AEP-PSO and ONG to light, heat, and cool the buildings--then using that as a basis for estimating future years, the Council relied on a per-square-foot estimate for utilities, security, maintenance, and other broad categories.

That estimate was created by the Staubach Company, a consulting firm that stood to make more money if the OTC deal was consummated and therefore had a vested interest in making the deal look as good as possible.

Buried in Staubach's estimate was a $24 million fudge factor--the claimed amount of deferred maintenance on the existing buildings. There should have been an itemized list of needed repairs, with an estimated cost of each and some notion of how soon each needed to happen. And the Council asked for it at their special Saturday session on June 23. But they never got it, and they didn't insist on having it before they voted.

They were too busy congratulating themselves on finding an apparent solution for another variable--whether third-party tenants at OTC would provide enough lease income to cover the debt payments. Some private company would execute a master lease with the City, effectively leasing all the excess space at OTC. The master lessee would take on the financial risk that the current tenants (Deloitte Touche and Level 3) may be replaced by less lucrative rent-payers, but would also keep any overage if the space sublets for more than they would be paying the City.

The amendment passed by the Council makes the authorization of indebtedness contingent on one of two "safeguards" being put in place. Or so we're told--the actual text of the amendment wasn't made available to the public, and a request to give the amendment a full airing in committee fell on deaf ears.

Safeguard #1 was the master lease. We weren't told whether the lease has to be for a minimum number of years or for a minimum dollar amount in order to fulfill the condition.

Safeguard #2 involves assigning to the TPFA the property that the city will vacate. The proceeds from selling the properties would be used to cover the debt payments if lease income falls short.

If safeguard #2 sounds just like the Great Plains Airlines deal, where we also pledged a city asset to guarantee a debt incurred by a city trust authority, you're right.

And, as with Great Plains, there's some doubt about the value of the property being pledged. The last time the City tried to sell land to a hotel developer, the developer wanted the land for free, plus a public subsidy.

And the City Public Works site at 23rd & Jackson is downwind from the refinery, sandwiched between railroad tracks and low-income housing. It has NO river frontage. (And note: The Public Works yard between the tracks and River Parks was moving to north Tulsa regardless of the OTC vote.)

Eagleton noted that the master lease involved a promise by a third party to pay our debt, and that some promises are enforceable and some are not. If the holder of the master lease declared bankruptcy, the "safeguard" would evaporate.

To cover our bases, Eagleton proposed an amendment to the amendment, changing the "or" to an "and," requiring both safeguards to be in place before the debt could be incurred. He called it a "belt and suspenders" approach -- two different ways to make sure the city keeps its financial bloomers from showing.

Yee Haw!

You'd have thought there was a snake infestation in the room the way the yea-sayers reacted. Developer Sharon King Davis wagged her finger and scolded, "That's double dipping!" (No, Sharon, it's protecting the taxpayers' interests.) Taylor went to the microphone with Economic Development director Don Himelfarb to claim that the City's negotiating position on the master lease would be weaker if we had a fallback option.

It became immediately apparent that these "safeguards" were there in order to give the City Councilors political cover for a "yes" vote, not to protect the financial interests of the taxpayers. Eagleton's motion failed, and the amendment and debt resolution passed, with Eagleton as the lone dissenter.

The way the eight councilors bought into the Mayor's sales pitch reminds me of the story of Jack and the Beanstalk. Mother sent little Jack went to town to sell the family cow so they could pay for mundane things like food, clothing, and shelter.

Along the way, Jack met a man who told Jack that his plan reflected "scarcity thinking," and that Jack's family needed a "paradigm shift," which, in a happy coincidence, could be accomplished by trading the cow for a sack of beans he just happened to have.

It may turn out that the councilors were right to believe that this purchase will produce the civic equivalent of a magic beanstalk and a hen laying golden eggs.

Then again, they may just be full of beans.


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COMMENTS
4 comments posted for this article
Government Drone, Midtown
 8/21/2007 - 10:22am
   I would like to have posted sooner, but debated about whether I should or not, or if it even matters. As a City employee, I can say we are by and large extremely disappointed in the Council's vote. We are upset not only at the fact that we will lose our offices and be placed in an open call-center type office construction, but even more so by the fact that this is not the best decision for the City. This is just something that Mayor Taylor and the City Council will benefit from, no-one else.
   
   It's certainly not for the public, who will now have to park blocks away and walk to the new building to conduct business at City Hall, likely having to pay more than the few cents they now have to pay at the parking meters. As many of the people who visit City Hall can be elderly or handicapped, this will present a real inconvenience to the public that the Mayor and the Council seem not to care about. Parking will be another real issue. The attached garage only has about 1000 spaces, many of which are used by the current tenants of the building already. When you factor in how many City vehicles we have, not to mention employee vehicles, I have a feeling that the parking lots/garages in the area will all be full and the owners will therefore be able to charge a premium for parking since demand will begin to outpace supply. The same thing happened in the late '90s when Williams was bringing in hundreds of people and parking was scarce, prices went up. And if the City is going to construct a new parking garage close by in the next few years, as has been mentioned, shouldn't that cost have been included as part of the costs to move?
   
   Naturally, the Mayor's office and the City Council will all have assigned spaces in the attached garage that they will not have to pay for. The rest of us will be left to find our own and will likely have to walk. I don't have a huge problem with that, but some people will. The real point is, why give us something that is worse than what we already have?
   
   And, this business with the hotel seems to be a little bogus as well. Maybe it will happen, but first it would require the demolition of this building which I think would be difficult considering the construction of the surrounding Plaza area here. Not to mention, Civic Center Plaza will remain after City Hall moves because the County Courthouse and the Municipal courts will not be moving with us, and the center of Civic Center Plaza just doesn't seem to be the best place for a luxury hotel, nestled in closely with the courthouses, library, and the YMCA. And while I'm talking about locations and proximity, how many businesses can you think of that would be just dying to lease space in the new City Hall? Not many, I would think, which would probably mean that the space would have to be leased at a lesser amount than it is probably worth. Seeing as how having tenants pay the City rent so that we can in turn pay our "rent" is a major part of how the deal is structured, makes one uneasy to think about it. When Christiansen called it a "house of cards", he was right. Too bad he didn't listen to himself. And if this building is such a great deal, why has it been for sale and largely empty for so long a time?
   
   I'm afraid to say though, that the real reason the Council approved this move has nothing to do with any of this. From what I've heard, the majority of the Council was planning to vote 'No', until Mayor Taylor swept in on the day of the vote with her last minute push. She promised the Council nice new offices (many with plasma TV's in them) on a secure floor with the Mayor's office where the general public will no longer have access to them. The rest of us feel as if we and the entire City have been sold up the river by the current Council just so they can have some posh new digs. The Mayor bought their votes and they approved it without having all the facts, such as an itemized list of what this alleged $24 million in deferred maintenance consists of. None of us knows what they are talking about. Perhaps the fountain with the penguin in it? Well, that will still remain once we are moved, as will many other things.
   
   I haven't even begun to scratch the surface of why I and many others think that this move is wrong, and I barely mentioned the financial aspect of it. There are many other legitimate concerns that we have, but unfortunately, the people who should care and listen to them have been blinded by Mayor Taylor's promise of a better land for the chosen few.
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slaw, East
 7/20/2007 - 6:00pm
   I am interested in the comment made by East Side Dennis Troyer - "a building is like a woman - high maintenance". Where can minutes of this meeting be found?
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Brooksider, Brookside
 7/20/2007 - 11:33am
   I was certainly disappointed with the vote. Even more disappointing is the fact that we do not know what facilities are being vacated. The original list included 12 buildings. Now we hear the municipal court building is not moving. 911 is moving to its own building under construction near Pine & Lansing. The Jackson warehouse is moving to north Tulsa. That is several hundred employees. So who is moving into the One Technology Center? How is the city going to develop the Jackson area? A ball park? That area called the West Yard is cut off by a railroad line, over which the city has absolutely no control. The debt is the number one issue, but there are many more. Now that the deal is done (mostly), all we can do is pray it works.
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Blow, Midtown, Tulsa
 7/19/2007 - 6:20am
   MB,
   
   You state: "That estimate was created by the Staubach Company, a consulting firm that stood to make more money if the OTC deal was consummated and therefore had a vested interest in making the deal look as good as possible."
   
   This is incorrect. The Staubach group was paid a flat fee and had no part in the commission from what my research says.
   
   More importantly you omit the real reason Eagleton voted the lone no vote. He stated, "government has no business being in the real estate business." This was my major issue as well.
   
   Shame on you conservative politicos who refuse to follow the bottom line of capitalism.
   
   I have mixed emotions about all this. But in hindsight believe if they had adopted the "and" provision over the "either or" clause it would have belt and suspenders. I also will agree with the Mayor that having both clauses now would have inhibited the Master Lease negotiation.
   
   Let's see who surfaces to take the MLP. What rate and terms to the lease are paramount?
   
   The opposition, you included, could have done a better job presenting had there been a cohesive body of "nay sayers". James Alexander needs to be trained before he makes everyone say, "not him again". The Chamber dog and pony show gets old. Chamber maids...(I do like their new "I Am" campaign).
   
   You make good points here. One mis step after another .... and the arena will be a secondary source for meetings and conventions. It will be a white elephant. But everyone else has one...
   
   The land values in no way match what will eventually be reaped from sales of the old city hall and Jackson. The city will have to give a devloper the old city hall for the deal to work.
   
   The prevalent question remains. Why is our existing home in such disrepair. Maybe for the same reason our streets and sewars are in pathetic shape. You can't continue to allow a hydrologist to run the city. His time was up after the stormwater projects were completed. Classic Peter Principal.
   
   M.J.Sanditen
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