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Thursday, July 12, 2007

Boley Building TIF. Deal or Steal?

By Mark Forsythe
The Kansas City Post

It's easy to see how TIF deals pass so easily in Kansas City. There doesn't seem to be a critical voice in the room whenever developers approach the TIF Commission looking for a handout. Yesterday's presentation by Andrews McMeel Universal for the Boley Building project was no exception.

What most people don't know about the process is that the deals are already cut before the public hearing takes place. The Economic Development Corporation (EDC) does all the due diligence and then makes a "recommendation" to the TIF Commission, who in turn makes a recommendation to the City Council. Sure there's a little posturing along the way, but for the most part it's just a rubber stamp process.

I would very much like to see AMU locate their operation in the Boley Building. I think a creative organization with a long history is a good fit for one of Kansas City's most historic pieces of architecture. What I don't think is a good fit is the business as usual attempt at bilking the taxpayers out of millions of dollars. I don't fault AMU. They're not in the development business so they've hired one of Kansas City's most prominent development attorneys, Jerry Riffel of Lathrop & Gage. Mr. Riffel is an expert at convincing TIF Commissioners that his clients need tax subsidies. Not that it takes that much convincing.

The AMU plan estimates redevelopment costs at $19,066,037. My first question would have been how did they arrive at such a specific figure for an estimate? Considering the Boley Building hasn't even been subdivided and re-platted, I get curious when estimates are so specific. Are they sure it's not going to cost $19,066,038? Of those costs, AMU estimates that $4,800,000 needs to be reimbursed. $1,776,961 of that is for acquisition costs. My question here is doesn't that mean that AMU feels the purchase price being asked by Copaken, White and Blitt is $1.7 million too high? That of course is a rhetorical question. The answer is "yes." Finally it was mentioned that a consultant had "run the numbers" and determined that the developer could only make a reasonable profit with TIF assistance. But isn't AMU the developer? (once again, rhetorical) How is it a company makes a profit for renovating their own headquarters? But as always, there are no hard questions at a TIF Commission meeting, only flashy PowerPoint presentations leading to millions of dollars changing hands. In the case of the Boley Building, the decision is postponed for one month while the school board representatives get answers to meaningless questions.

What bothered me most of all was the TIF Commission's apparent lack of knowledge about the entire deal. One commissioner had a hard time understanding that the Boley Building is platted as one parcel with the entire block on which the Town Pavilion sits. The very location on which he happened to be sitting. So I'm led to believe that certain TIF Commissioners don't even research agenda items ahead of time? Is it too much to ask for a TIF Commissioner to pick up a newspaper or click on a link every now and then? The details of this deal have been in the news for weeks.

Chairman Peter Yelorda chose to be the toughest critic, declaring the entire plan a "good deal." Once more, I had another question. Good deal for whom?

Update: The Kansas City Business Journal's Jim Davis cuts right to the heart of the matter. No innuendo, no dancing around, just the facts.

The Boley Building's proposed purchase price is $5.2 million, almost $90 a square foot. This price is nearly twice what larger downtown buildings such as the Commerce Tower have sold for on a square-foot basis but as much as 40 percent less than comparable figures for sales along College Boulevard in Overland Park.

Comments on "Boley Building TIF. Deal or Steal?"

 

Anonymous Anonymous said ... (7:10 PM) : 

Unfortunately Jim Davis could draw a picture, "run the figures", and have video of Copaken laughing with his buddies about how rich they were going to get off tax money and most people in this town still wouldn't bat an eye.

 

Anonymous Joe Medley said ... (8:04 PM) : 

Maybe this is a naive question. Has this not crossed the line from unethical to fraudeulent?

 

Blogger Xavier Onassis said ... (8:58 PM) : 

"$90 a square foot"?

Square feet is a measurement of surface area. The boley building is gutted. The only surface is on the ground floor.

Shouldn't it be measured in cubic feet?

 

Anonymous Anonymous said ... (6:54 AM) : 

XO,
Price per sf is a standard way of valuating commercial real estate.
Where's the fraud? Hefty words without proof.
Rather than ranting about this, you should spend your time reading the state statutes.
I'm glad you didn't get elected since you appear to get all of your facts from the internet and our lousy newspapers.

4th District Voter

 

Blogger Mark said ... (7:50 AM) : 

anonymous 7:54AM,

First my knowledge of power distribution "frightens you" and now you're giving me advice on how to spend my time? Ironic that a government employee reading this blog from work is giving me advice on how to spend my time.

I have read the state statute. Many times. With the exception of the proposed purchase price (which none of the TIF commissioners asked about) I got my information by attending the TIF Commission meeting in person.

As far as being glad I wasn't elected? You're in good company. There were about 10,000 voters who felt the same way. :-)

 

Anonymous Someone needs his coffee said ... (8:10 AM) : 

Mark,

Cranky much? ;-)

Somebody's in a foul mood this morning. Serious question. Isn't the Boley Building eligible for historic tax credits? I haven't read anything about those being pursued.

 

Blogger Mark said ... (8:29 AM) : 

snhc,

How did you know? Just got a cup of good 'ol Roasterie so hopefully my mood will change.

Good question about the historic tax credits. I'm not sure if they apply. I believe most of the time they're used for the facade and it doesn't appear the Boley Building is in bad shape. Perhaps someone more familiar with the credits could weigh in?

 

Anonymous Alan Birch said ... (9:52 AM) : 

Why would any good developer bother with spending the time and money it takes to jump through historic building tax credit hoops when they can get all the "free" money they want from the TIF Commission with a couple of lunches and a Powerpoint presentation?

Mark: Yelorda has proclaimed: It's a good deal. And it is so. End of conversation.

 

Anonymous mainstream said ... (10:26 AM) : 

If the Boley building is a designated historical property it DEFINITELY can get significant historical credits. There are other possible tax credits as well.

There are companies standing in linewanting to but these tax credits. Those interested companies include major banks in town.

One of the largest buyer of historical tax credits in the U.S. is Exxon.

Does the Boley Bldg have a historical designation? And if so, what is it? (local, state, fed...)

 

Anonymous prefers forsythe4kc said ... (11:46 AM) : 

Dear 4th District Voter:

you are correct that there is no fraud in this TIF deal - but if the taxpayers wanted to pursue an action for negligent misrepresentation they would have the facts stacked in their favor. Fortunately for KC and the TIF commission (masquerading as the gatekeepers to KC tax dollars when everyone knows there is no scrutiny of the deals that come before them) most attorneys in KC are too busy chasing a buck to worry with seeking relief for KC’s taxpayers. Where are Mayors Funk and Squitiro to stand up against this abuse of tax dollars??? I voted Funk b/c he promised to stand up to wealthy developers looking to make a buck on the backs of KC's taxpayers. Now he is busy giving his wife a foot massage and thinking of the 8 ways he can make her feel like a princess today and still make it home by 5:30. His press people should have been on this TIF deal immediately since it speaks directly to his campaign promises - what a freakin’ disappointment!

4th District Voter, what you don’t understand is that the entire city would be better off if Forsythe would have won the election. He has his ear to the world and isn’t afraid to stand up for your average, hard-working middle-class Kansas Citian who finds him/herself taxed more but receiving less.

 

Anonymous Anonymous said ... (2:08 PM) : 

The building is selling for 5.7 million and it cannot be renovated without a TIF. Then why is it worth 5.7 mil. If no TIF is forthcoming will the current owners spend hundreds of thousands of dollars each year to sit on a gutted building or will they cut the price? Until the sales price drops to zero no TIF makes economic sense.

 

Anonymous the wife said ... (2:21 PM) : 

anonymous:

I agree the price needs to be lower in order for TIF to make sense. Zero might be extreme, but a below market value pricetag might make me more sympathetic to a TIF request. If a developer is asking KC to divert tax dollars to his/her pocket I want to know that ALL of the players (not just the taxpayers) are making sacrifices. I want to see that the seller is making a MINIMUM profit from the deal. Hell, just taking a vacant, non-revenue generating property off their hands puts them in a better position.

 

Blogger Mark said ... (3:10 PM) : 

I think historic tax credits only apply to exterior preservation. From what I've read (yes 4th District voter, from our "crappy" newspapers) the exterior has already been renovated and preserved back in 2001 for the ill-fated Aquila move in.

As far as the purchase price? Good points all, but keep in mind the Town Pavilion is part of a 353 tax abatement so CW&B hasn't been getting hurt too much by sitting on an empty building. Since at least one of the sellers was present at the TIF Commission hearing I doubt anyone would have had the nerve to question the fairness of price. I think Jim Davis brings up the most damning piece of evidence. The asking price (per square foot) for the Boley Building is TWICE that of Commerce Tower. An unfinished empty shell compared to a finished (albeit ugly) Commerce building?

 

Blogger Mark said ... (3:12 PM) : 

prefers Forsythe4kc,

Thanks for the nice comment. You must have been the "other" vote I got in the primary!

 

Anonymous mainstream said ... (8:21 PM) : 

No, Mark - historic tax credits apply to just about ALL aspects of renovation, including foundation work.

Historic tax credits are designed to help out with the expensive stuff - the people who designed the tax credits were familiar with the costs of renovation and designed the tax credits to do pretty much what they should.

Mark, I think you may have Landmarks rules & Commission in mind, and historic tax credits are a totally different ballpark.

Historic tax credits are HUGE and used very extensively.

The development projects in town that use them have taken 25% to 47% out of the costs of renovation.

Financial institutions and corporations like to buy the tax credits for 50 to 90 cents on the dollar - they're good investments.

Banks buy them - they create separate wholly-owned subsidiaries to purchase the historic tax credits that they may also have other loans on. That's a relatively common business practice.

If the Bolley building is in an historic district, OR a contributing property to an historic district, you can get tax credits. State and federal credits, and as I said before, can be sold on the open market.

Typically the only restriction that matters on these tax credits is that they have to be owned by the original credit recipient for 5 years before they can sell the property.

If I recall correctly, the Stuart Hall condo's in the crossroads used these tax credits to their GREAT financial benefit.

Also, we should also make sure that we check out New Markets tax credits. This is a federal program to incent econ development for low income census tracts. heir are projects in town that have used these as well.

 

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