Mon
Jun 8 2009
07:16 pm

Does the downtown area really qualify for TIFs anymore? I don't think you can call it blighted. At least not in the area of these two TIF requests. A result of success. I don't know where the most expensive per square foot residential property is in the area but looking at downtown prices, it must be a candidate.

NS article
(link...)

Bill Lyons's picture

Downtown TIF projects

This is a reasonable question, and one that arose at the City Council meeting where the TIFs were approved last week..TIFs are project specific, and some of the buildings that remain undeveloped are the most challenging. These two projects - Daylight and Arnstein buildings are in a redevelopment area and both have elements of real blight and other structural conditions that make their renovation not workable without a TIF.

All TIF requests in the City are vetted through the Policy and Communications office and KCDC before being presented to City Council and County Commission. In order for our office to recommend a TIF the project has to pass a "but for" test as well as the "public interest" test. Not all projects that make it to our office make it past these hurdles. We examine the construction costs and projected purchases and / or rental expectations, both of which, by the way, are lower now. We also get third party verification from bankers not involved in the project. The question we ask is "Is this project feasible, or one that a bank would loan money to, without the TIF?

Sure there is some risk that the project would have gone through anyway. I think that risk is low for the projects we have worked with so far. There is also risk on the other side... the buildings stay vacant, producing virtually no taxes, serving as a drain on city resources, deteriorating, and threatening neighboring structures. Also keep in mind that the TIFs do produce immediate increased tax revenues during the TIF period because the amount of the total property tax that services debt is not subject to the TIF. They also pay CBID fees immediately.

Moreover, not that this is part of our policy, but any project that puts people to work and money in the local economy right now is a real plus.

Hayduke's picture

Let us now praise moderate blight

Thanks Bill. I didn't realize that about the increased tax revenue during the TIF period. Either way it seems like a no-brainer: the city can't lose on these deals and anything that gets them occupied again helps in so many ways. I'm assuming the TIF is on increases in property value over the current appraisal (which is still taxed)?

The only disappointing thing is that the buildings were occupied not so very long ago, though neither was in very good shape. I'm not sure we weren't better off when they were decrepit and open. The city needs a range of buildings including run-down but habitable to maintain a diversity of uses. There's only so much demand for boutique shops and we have a surplus of class-A office space, but we used to have a shoe repair shop before Home Federal tore down the building for parking and the Daylight used to be home to artist studios and a children's theater workshop. None of these kinds of tenants can pay what David will need for his freshly renovated spaces and they won't be downtown (or will have to be subsidized) if we keep pricing them out of the market.

I wonder if the city could do something to encourage the opening up of some of the empty space in unrenovated buildings. Gay St has a lot of empty upper floors that are essentially blighted property. AFAIK, there's nothing happening upstairs at Arby's for example. What would it take to make that space (and others like it) minimally habitable for some affordable use? How about a proactive program of TIF carrots and blight enforcement sticks to improve some of the abandoned property over our heads?

Bill Lyons's picture

TIF as a tool for anything other than improved property

Hayduke, I do recall that we this has come up a couple of times. There is no shortage at all of run down space in the city, including the old city and downtown north, and, as your example on Gay points out, in downtown. I don't think we need to encourage it, and certainly we don't want to tell a building owner to keep his or her space in a run down condition. The project in the Daylight, much like the soon to open JFG project in the Old City will be moderately priced rental that will keep downtown diverse. Folks may be priced out of a particular building, but there is a wide diversity of available property for use by artists and others who need a work space or a live-work space. Indeed that is very much what we envision in the downtown north redevelopment plan and what the move to form based zoning is all about - live ' work space rather than segregated living and employment areas.

Your discussion of the space above Arby's is interesting, and, yes, it would be great if building owners would choose to make space available to folks, although sometimes the build-outs would trigger code requirements that just would not make it feasible without major expense. That gets to the core of the issue in re:city policy. We have (by state law) a very limited set of tools. TIF stand for "Tax Increment Financing" which means that there must be a significant improvement to the buildings that would show up in a significant reappraisal and subsequent increase from the taxes paid at present. The TIF and PILOT programs only produce revenue to be used as incentives if significant investment is made in the buildings such that they produce more tax revenue... and that is the financial basis for the incentive. The city is constitutionally forbidden to set differential rates for property so nothing with taxes can be done to incentivise a specific use for property that is not improved. In short, there is not a possibility of Tax Increment Financing without significant investment to improve the property and to create the "increment' that fuel the incentive.

michael kaplan's picture

what happens if an

what happens if an individual or company owning a property that has been recipient of TIF goes bankrupt? who pays the taxes?

Bill Lyons's picture

Whoever owns the building pays the taxes.

Whoever owns the building pays the taxes, as is always the case. If someone goes bankrupt, whoever gets the building on the other side of the bankruptcy pays the taxes. Whatever happens, if the increased taxes are not forthcoming for any reason, the bank who made the TIF loan to the developer is who is left with a loan without a source of repayment. That is why they usually have the developer take personal responsibility for payment of that loan in the worst case scenario. In no case is the taxpayer at any risk at all. That is because the TIF always represents expected new taxes that will help retire a loan that a bank makes to a developer. If the taxes are not paid the entity at risk is the entity who made the loan, and by extension, who signs for the loan.

michael kaplan's picture

the entity at risk is the

the entity at risk is the entity who made the loan

entities like Bank of America or GMAC or Morgan Stanley? i think the idea that a bank-at-risk is not the public-at-risk has been disproven ...

there are arguments on both sides of this issue, of course. here's a recent one from cleveland, for example, that argues that taxes collected go to repaying debt as city services to the new development are provided gratis for the duration of the TIF.

Nobody's picture

Free and Fair Market

If it takes x amount to develop property why shouldn't the market then determine the value of the property? Meaning if it isn't feasible without government assistance then why not drop the price or does it mean that it isn't feasible for this particular developer because they don't have the means to develop it.

Hayduke's picture

One more time. . .

If there's no TIF, the city collects tax on the value of an empty, run-down building for the next 10 years and at the end the building (and tax revenue) is the same or even lower. With a TIF, the city collects a slightly higher tax for the TIF period and then starts collecting much higher tax on the renovated value and the city has improved its building stock. So cutting taxes actually increases revenue in this case. It's sort of like trickle down economics except that it works.

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