The Tucson City Council failed last week to legislate a lease agreement between the Rialto Theatre Foundation and the Downtown Tucson Development Company.

During their July 7 study session, members of the council talked among themselves about the terms of what such an agreement should include.

It took the council three separate votes before a 5-1 majority agreed to pursue a path that could lead to the city taking the space the Rialto wants through eminent domain.

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Councilman Steve Leal was the primary mover behind the effort to push for an appraisal of the privately-owned property that is being used for an office and green room for the Rialto. His first motion sought the appraisal along with a request that the two sides meet and report back within two months. Councilwoman Nina Trasoff wanted to add an amendment under which the city would cover $2,000 a month for up to a year under a $4,500 a month lease. In discussion, that was whittled down to three months.

Glassman was the lone no vote.

“There was nothing in there that would protect the theater from the immediate threat of being evicted,” Glassman said after the vote.

Neither Don Martin nor Scott Stiteler, partners in the Downtown Tucson Development Company, were at the meeting.

In an interview later, Martin said he didn’t understand why the city council wanted to negotiate a lease without asking him about it.

“How can we agree to a short-term, below-market lease while they are working to condemn our property?” he said. “We are going to proceed as planned unless we get an offer we can work with.”

In the meantime, the foundation is planning to seek a court order to try to delay its eviction.

Contact reporter Joe Pangburn at jpangburn@azbiz.com or (520) 295-4259.