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Art Modell’s passing stirs up history that brought Cincinnati an NFL franchise and political turbulence

Art Modell’s two most notorious business decisions – the 1963 firing of Paul Brown and the 1996 move of the Browns to Baltimore – each had profound unintended effects in Cincinnati. Upon Modell’s recent passing on September 6, Cincinnati media noted that Brown’s ouster led directly to his 1968 founding of the Bengals, but the story is much more complex.

In 1961 Modell bought Paul Brown’s minority share of the Cleveland Browns for $500,000, and was then contractually obligated to pay his head coach’s salary for several years after his firing. It was with this money that Brown and investor Austin Knowlton established the Bengals and resolved to beat the Browns on the field and Modell in the business of owning an NFL franchise.

But the greater issue missed by the local media was Mike Brown’s 1996 negotiation of a stadium lease that, in two ways, assures the Bengals franchise he inherited from his legendary father will avoid a similar fate to Modell’s Browns and Ravens.

First, Brown will never be burdened with unpredictable stadium maintenance costs or the loss of a tenant. Second, the terms of the Paul Brown Stadium lease are so favorable that in late 2011 the Brown family paid approximately $200 million in cash to buy out minority owner Austin Knowlton. With no significant minority owners remaining, the Brown family is invulnerable to the sort of hostile takeover that brought down Art Modell — twice.

“The Move”
On December 17, 1995, just weeks after Modell announced his decision to move the Browns to Baltimore, footage of Browns fans tearing apart Cleveland’s Municipal Stadium was broadcast nationwide:


Scenes of Browns fans tearing apart Municipal Stadium were shown across the United States in 1995.

The groundwork for this mob scene was laid decades earlier, when Modell negotiated control of Cleveland Municipal Stadium from the City of Cleveland during its infamous financial crisis. The terms of the deal gave Modell all revenues – including luxury box revenue – from the city-owned stadium in exchange for upkeep and nominal annual rent. For 20 years Modell was able to maintain the 1930s-era stadium in part with luxury box revenue collected from the Indians (this lack of revenue for the Indians helped make them perennial AL East basement dwellers).

Folklore surrounding The Move speculates that Art Modell failed to anticipate that luxury box owners would abandon the Browns entirely after the Indians moved to Jacobs Field in 1994. But more astute observers assert that Cleveland’s business community used The Gateway Project – which built Gund Arena for the Cavs and Jacobs Field for the Indians but made no provision for Modell’s Browns – as a way to strip Modell of his Indians luxury box revenue and send his finances into a tailspin.

Mike Trivassono, sports host for Cleveland’s WTAM, asserts that this trap was sprung in order to transfer ownership of the Browns from majority owner Art Modell to minority owner Al Lerner. In 1999 the NFL sold the new Cleveland Browns franchise to Lerner for $500 million, and in 2012 Lerner’s son sold the team to Jimmy Haslam III for $1 billion.

The Move’s Effect in Cincinnati
After Paul Brown died in 1991, his son Mike assumed control of the team. The younger Brown, a graduate of Harvard Law School, maneuvered to put the Bengals well ahead of the Reds in negotiations with Hamilton County for a new stadium and lease – he would not be cornered by Cincinnati’s other professional sports franchise in the way Modell allowed himself to be compromised by Cleveland’s Gateway Project.

Brown knew from his experience sharing county-owned Riverfront Stadium with the Reds, and Modell’s loss of the Indians, that the NFL’s financial structure cannot work in multi-purpose stadiums. He also knew that terms that removed Bengals ownership from any responsibility in maintaining or upgrading their future stadium were essential to eliminating unknowns from later years of the lease.

It is important to recognize that the lease is structured so that the Brown Family – Mike Brown will be in his 90s if he lives to negotiate a new lease –will enter negotiations in the mid-2020’s in a position of financial strength, rather than Modell’s state of desperation.

Political and Cultural Fallout
In the 12 years since the first game was played at Paul Brown Stadium, Hamilton County’s financial obligations to the Bengals have remained a current event. The media and serving Hamilton County Commissioners are correct in placing some blame on the Commissioners who structured the stadium fund around an expected 3% annual increase in tax receipts. The source of the ongoing stadium controversy, however, is largely the creation of Hamilton County’s current commissioners who continue to play politics with the residential property tax rollback enacted in 1996.


The deal cut to fund the construction of Paul Brown Stadium has plagued Hamilton County since its passage. Photograph by Jayson Gomes.

By refusing to budge (except in 2010) on the inconsequential amount of money the rollback saves county homeowners, they are able keep the county in a perpetual state of crisis. They have then used this artificial crisis to justify shady activities, such as the recent sale of Drake Hospital.

The Long-Term Future of Paul Brown Stadium
Part of the 1990s effort to fund construction of two new stadiums in Cincinnati involved smearing Riverfront Stadium. A stadium celebrated as “The Jungle” during the 1988 Superbowl year was suddenly derided as “sterile”. Images of exposed parking garage rebar convinced the public that the stadium was too costly to repair. And other cities –notably Cleveland and Pittsburgh – had already started on new stadiums.

Save an unforeseeable change in the NFL’s revenue sharing arrangement, upon the expiration of the Bengals lease in 2026, Paul Brown Stadium should still be a profitable home for the Bengals or another NFL franchise. This means the motivation for a new football stadium will not come from the Brown family or the ownership of a replacement NFL franchise, but rather Hamilton County, should it determine that renovation and ongoing maintenance costs will approach the cost of debt service on a new stadium.

Lost in the never-ending stadium conversation in Cincinnati was the news that even after the epic drama and financial promise of The Move, Art Modell was forced to sell his majority ownership of the Baltimore Ravens in 2004 to a minority owner. As a result, just 1% of Ravens ownership will be passed onto his heirs.

In 2026 memories of Art Modell and The Move will have faded in Northeastern Ohio and his heirs might have completely exited Ravens ownership. But the grandchildren of the man Modell fired back in 1963 will still be in the football business, in complete command of a franchise worth well over $1 billion, and in negotiations for a new lease with Hamilton County or the ownership of a stadium elsewhere in the country.

Paul Brown and his son Mike without a doubt beat Art Modell in the business of running a professional football team. With the recent elimination of minority owners and the financial future of the Cincinnati Bengals rock solid, let’s pray Mike Brown turns his complete attention to events on the field.

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Business Development News

EXCLUSIVE: 3CDC Commits to Shared Parking Plan for Over-the-Rhine

Just four days after publishing an exclusive story which uncovered that the amount of parking provided at the Mercer Commons development exceeded city mandates and added approximately $4.25 million to the project cost, officials from the Cincinnati Center City Development Corporation (3CDC) contacted UrbanCincy to offer more information surrounding the Mercer Commons Garage.

Many commentors on our previous story defended 3CDC and claimed that such parking provisions at the Mercer Commons Garage would allow for less parking at future developments. Adam Gelter, 3CDC’s Vice President of Development, echoed these thoughts and stated that future developments would in fact utilize the parking garage, although only some of those projects have been financed, and even fewer approved for zoning variances by the City of Cincinnati.


Work at the Mercer Commons construction site in August 2012. Photograph by Travis Estell for UrbanCincy.

In particular, Gelter, stated that the 359-space Mercer Commons Garage allows for one parking space at every unit within that development, but that those living at Mercer Commons would not be required to purchase a space. This, 3CDC asserts, will allow for the parking garage to be utilized more efficiently.

The debate becomes even more nuanced when the status of Over-the-Rhine’s historic district designation and ongoing comeback as a desirable neighborhood are taken into account.

“In a place like OTR, which is coming back strong but still has a long way to go, I think we want the neighborhood to be as welcoming as possible to visitors and to satisfy any concerns they may have about safety,” responded Kaid Benfield, director of Sustainable Communities for the Natural Resources Defense Council (NRDC). “The key for a historic district, I think, is to keep the parking from occupying so much space that it interferes with the historic character of the neighborhood.”

In addition to the Mercer Commons development, 3CDC officials say that they are planning a 30- to 40-unit residential development at the parking lot where Smitty’s once stood. Furthermore, 3CDC expects the office tenant at the Paint Building to require 25 spaces, another 15 to 20 spaces at the former Boss Cox building, and potentially 50 spaces for office users at Cintrifuse. Furthermore, project officials say surrounding restaurants could use additional parking for their customers.

“Of the seven upcoming developments, only one has its own parking, and the rest have spaces assigned at either the Mercer Garage or Washington Park Garage,” Gelter explained. “We give condo owners a right to buy a monthly space, and we refuse to assign spaces so that we can turn the spaces as much as possible.”

To that end, Gelter explained that only six parking spaces at the Fountain Square Garage are reserved at any given time for its 250 monthly pass holders.


Rendering of the $53.5 million Mercer Commons development in historic Over-the-Rhine. Image provided.

The goal would be to reduce the number of surface parking lots needed to serve new developments throughout historic Over-the-Rhine, but 3CDC officials say that what has already been put in place will probably be difficult to undo.

“We would love to get rid of and develop the Twelfth and Vine parking lot, and we would like to stop building surface parking lots to the extent that is possible,” Gelter told UrbanCincy. “However, parking lots for condo buildings only are going to be very difficult to get rid of, so we don’t want to do that anymore.”

Gelter went on to say that one potential option would be to keep the Gateway Garage open to the public. Just over one year ago Kroger purchased the 950-space parking garage from the City of Cincinnati for $4.5 million, and currently experiences low usage rates outside of workday hours.

When it comes down to it, however, it appears as though the status quo for providing parking within the urban core will continue regardless of what policies come out of City Hall.

“Some of our upcoming developments have been approved for no on-site parking, and some have not,” Gelter conceded. “The goal would be to build structured parking to minimize the extent we need to use surface and street parking, but we have to take it on a case-by-case, and block-by-block basis.”

The first phase of construction at Mercer Commons is currently underway, and is expected to be complete by March 2013. Two additional phases of work are planned to follow.

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Business Development News

Group Health moves into new $27 million tower in Clifton

Group Health Associates is celebrating the opening of their new $27 million medical office building in Clifton today. The eight-story tower is connected to Good Samaritan Hospital at Clifton Avenue and Dixmyth Avenue. The existing building, located approximately a half-mile down the street at the corner of Martin Luther King Jr. Drive and Clifton Avenue, is scheduled to be imploded this September.

Both Group Health Associates and Good Samaritan Hospital are divisions of TriHealth, and TriHealth President and CEO, John Prout, reiterated the company’s’ commitment to servicing the urban core and contributing to Uptown’s vibrancy.

“This investment is part of TriHealth’s ongoing commitment to Uptown as a vibrant community, business center, education center, and medical hub for the region,” Prout told UrbanCincy. “And I add my thanks to all the private and public partners who helped make this a reality.”


Group Health’s new Clifton facility sits next to Good Samaritan Hospital along Dixmyth Avenue. Photograph by Jake Mecklenborg for UrbanCincy.

The 67,000-square-foot facility had been under construction since early 2011, and is considered to be state of the art. Individuals passing on the street will notice that the medical tower sits atop a five-story parking garage, but individuals using the facility will reportedly experience better access to physician specialists, a full service pharmacy and more integrated services as a result of being located on the Good Samaritan campus.

According to Group Health officials, the medical group will also begin offering neurology as a specialty and plans to add ten more physicians to round out the facilities services in September.

Construction of the new medical facility was made possible by low-cost financing from the Uptown Consortium through its Uptown Partners’ Loan Pool.

The land, however, was not readily available until the $4 million realignment of Dixmyth Avenue in 2006. Previously, the street had been located further south, with homes along its northern side. The street’s realignment made Good Samaritan Hospital’s recent expansion possible, along with the construction of the new Group Health facility.

The controversial road realignment eventually took 28 residential properties through the use of eminent domain, and was upheld in court against one hold out, Emma Dimasi. The project was seen as controversial at the time because while city officials claimed the realignment was for safety purposes, others speculated that it was to free up additional land next to the then constrained Good Samaritan Hospital site.

Just one year after the realignment of Dixmyth Avenue, in 2007, Good Samaritan commenced construction on a ten-story patient care tower.

Health care professionals say that the rapid expansion of health facilities is a response to the growing demand placed on the region’s health care system by an aging population. The issue of aging and expanding health care has been the subject of numerous studies highlighting this trend on the national and global scale. Regionally, it has justified the expansion of the hospitals in Uptown’s “Pill Hill”, including expansions at Cincinnati Children’s Medical Center and University Hospital in Corryville, and Christ Hospital in Mount Auburn.

The expanding local hospital system is offering improvements in health care services for the region’s aging population, and creating thousands of new high-paying jobs. At the same time, however, it is coming at the expense of historic neighborhoods and entire blocks of residential housing.

Such a tradeoff might be good for city coffers, but it will certainly do nothing to directly help Cincinnati’s ongoing struggle with population loss.

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Arts & Entertainment Business News Opinion

Cincinnati misses huge marketing opportunity with Western & Southern Open

The Western & Southern Open is taking place right now, and a men’s and women’s champion will be crowned this weekend in what has become one of the world’s top ten tennis tournaments.

Once finished, the tournament will have drawn hundreds of thousands of tennis fans to Mason, but more importantly, it will have given Cincinnati exposure to millions of television viewers around the United States and the world.

The tournament is a huge regional draw, and it gives the region an annual chance to make its pitch as to why people should visit, invest, or move to the region. This year, the Cincinnati USA Convention & Visitors Bureau decided to build off of Lonely Planet’s choice of Cincinnati as one of its top travel destinations for 2012. Unfortunately, however, the 30-second commercial does not come close to selling the narrative written by the independent travel guide.


There was no mention or view of the Contemporary Arts Center in the recent Cincinnati USA television commercial. Photograph by Thadd Fiala.

“Seen Cincy lately? The pretty city on the Ohio River – off the main cross-country interstates – gets bypassed by many road trippers, but it’s quietly transformed itself in the last decade into a worthy weekend getaway,” Lonely Planet wrote about Cincinnati. “Life centers around the river – much which can be seen by foot: river walkways are best on the Kentucky side, reached via a couple bridges including John Roebling’s Suspension Bridge (a prequel to his famous Brooklyn Bridge). Narrow, twisting (and steep) brick roads of the Mt Adams district lead past 19th-century Victorian townhouses and the free Cincinnati Art Museum, while the once-dangerous, emerging Over-the-Rhine, just north of downtown, is home to the Findlay Market and a sprawling collection of historic Italianate architecture.”

After reading that, someone unfamiliar with Cincinnati may be intrigued to visit the city to experience its architecture, waterfront, historic neighborhoods, and judge the stated transformation first-hand. What Cincinnati USA’s television spot showcases (see below), however, is the tried and true regional selling cards to families looking for an affordable weekend getaway.

There is nothing wrong with selling a good product to a captive audience, but if Cincinnati wants to start attracting new people and new interest, it will have to do something new.

If Cincinnati USA wants to build on the Lonely Planet mention, then they should sell the region on what Lonely Planet is pitching. Show the millions of tennis fans a scene from Over-the-Rhine on a Friday evening, Fountain Square on a Saturday night, the twisting streets of Mt. Adams, the University of Cincinnati’s Main Street, people biking across the Purple People Bridge, and shoppers at Findlay Market on a Saturday morning.

Fortunately, the Cincinnati USA commercial did pay attention to the National Underground Railroad Freedom Center which was prominently mentioned in the Lonely Planet write-up.

“Best, though, is the National Underground Railroad Freedom Center, open since 2004, on the banks of the river where many slaves escaped to freedom in the 19th century,” concluded Lonely Planet’s writers.

Cincinnati has always been an affordable place and a great place for families. This narrative has been perfected over many decades. This strong calling card should not, however, preclude the region from telling the world about a new narrative that has come to life over the past decade. It’s a story about a resurgent city focused on youthful energy, innovation, independent thought, music, and a unique urban core that is hard to match anywhere in America.

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Business News

Findlay Market’s important public role in Cincinnati [VIDEO]

Findlay Market has been a Cincinnati landmark for 160 years. Over that time it has established itself not only as a destination for great food, but also as an incubator for great food talent.

Throughout the public market’s history, it has served as the starting point for businesses and business models that have gone on to permanent operations elsewhere throughout the city. Most recently those examples include Eli’s BBQ, Taste of Belgium, and Pho Lang Thang.

A new Cincinnati Deconstructed video with Findlay Market’s Karen Kahle tells this story and sheds light on the importance of Ohio’s oldest operating public market.

“Cincinnati Deconstructed is essentially a video series profiling the people behind the food scene in Cincinnati,” explained producer Courtney Tsitouris. “But it’s really more than that. It’s a medium we use to tell stories – and to connect every day people to the chefs, farmers, restaurateurs and business owners who enrich our lives as members of a community.”

Tsitouris went on to say that much of the early focus of the Cincinnati Deconstructed series has been on Over-the-Rhine due to its resurgence as of late, and its overall importance to the region.

“It’s [Findlay Market] an incredible food hub where farmers, merchants, shoppers and restaurants all become inter-connected,” Tsitouris told UrbanCincy. “And because the market attracts all walks of life, it provides a brilliant sort of convergence of food, culture, art and conversation unlike anything we get to experience at a chain grocery store.”

Cincinnati Deconstructed with Karen Kahle lasts approximately four-and-a-half minutes. Previous videos in the series highlight chef Owen Maass from Cumin, Taste of Belgium owner Jean-Francois Flechet, and mixologist Molly Wellmann. Future videos, Tsitouris says, will expand to other Cincinnati neighborhoods.