August 22, 2004
Developers, nonprofits seek millions for center city
Charlotte leaders carefully weigh requests
RICHARD RUBIN
Staff Writer
Pappas Properties wants public money.
The Arts & Science Council wants public money.
The Charlotte Knights want public money.
Grubb Properties and Spectrum Properties already
have promises for public money.
This unusual surge of requests has landed squarely
in the laps of city and county leaders, who have been developing new ways
to analyze and finance public-private partnerships.
The governments' willingness to listen demonstrates
their belief that the center city is ripe for a burst of retail
development -- but only with a kickstart.
City and county officials tackle these projects one
at a time. Each, on its own, looks like a good deal: a new amenity, a more
vibrant city and a future boost to the property tax base.
But put them all together, and there's a lot of cash
on the table -- more than $160 million in public money for private and
nonprofit projects over the next 20 years. Monday, the city is expected to
start an eight-month update of its economic development strategy, and the
process is bound to feature questions about government support for
retailers.
Is this sound public policy? Will it create a
stronger city in the long run? Or does it feed public money to businesses
that would flourish anyway?
Local governments already struggle to keep up with
population growth. Charlotte city officials acknowledge that they aren't
spending enough on road maintenance. Mecklenburg County commissioners just
raised property taxes by 2.7 percent to avoid spending cuts.
And yet, while they struggled with tight budgets
last spring, the city and county approved about $13.5 million in property
tax rebates over 20 years to assist Grubb's redevelopment of Elizabeth
Avenue and an additional $6.4 million in sales tax rebates and other help
over 10 years for Spectrum's renovation of the old convention center.
City Council members and county commissioners say
the projects will fill center-city dead spots and help the tax base grow.
"If they come with a good proposal to us and
again, it fits those criteria of creating jobs, creating more tax revenue
and not asking for up-front money from us ... I think it's a good
deal," says county commissioner Dan Ramirez, a Republican.
Several major projects still await a final decision:
the ASC's $102 million pitch, the Knights baseball stadium proposal,
Pappas' planned revitalization of Midtown Square and Levine Properties'
desire for a municipal parking garage in First Ward. Many elected city
officials balked at the idea of public money for a Saks Fifth Avenue store
in south Charlotte, though others left the door open.
But some officials worry about spending public money
on projects that may not need help.
"I start out skeptical," says City Council
member Susan Burgess, a Democrat. "We have been one of the
fastest-growing cities in America without incentives, and we've had really
no trouble putting what we want where we want it."
Different arguments for money
Supporters of arts, sports and retail projects make
very different arguments for public money.Arts funding is a traditional
type of government support for the private sector. Museums and theaters
are nonprofit organizations, and governments often weigh them against
other priorities, such as roads and fire stations.
Sports complexes, such as the new uptown arena and
Bank of America Stadium on city land, fill a special niche. They require
team owners to invest millions in the franchises, and they tend to draw
vocal, organized opposition.
But the newer proposals, which ask the city to join
with a private developer for retail-focused projects, are more subtle and
more complicated.
Tax money has helped uptown developers before. Some
were successful (Marriott hotel at Trade and Tryon streets), some were
busts (the failed CityFair shopping center) and some just opened (the
Westin hotel).
When elected officials consider a request, the
debate often circles back to a core question: What would happen without
the government's help?
Retailers looking near uptown face two major
hurdles: high land costs that make low-rise buildings less profitable and
the expense of providing the cheap, plentiful parking that shoppers
expect.
To many local elected officials, those are reasons
for subsidies. Otherwise, they fear, Charlotte won't get the dense,
transit-friendly development they envision for the city's future.
For places such as Midtown Square, at Kings Drive
and Baxter Street near uptown, the market clearly won't spark
redevelopment, says Mayor Pat McCrory, a Republican. That's why the city
and county are considering helping Pappas with its proposed $116 million
remake of the dormant 45-year-old mall.
"We could either wait another 20 years,"
McCrory says, "or maybe we could speed up the market forces."
But, critics warn, speeding up the market is risky
because the governments could stunt future growth in tax revenue.
"I just feel that we've opened Pandora's box,
and that if we don't shut it soon, we're going to have a big fiscal
problem on our hands," says Republican county commissioner Bill
James, "because we are continuing to give away future property and
sales tax monies at what appears to be an exponential rate."
Who deserves public money?
So how can you tell a good proposal from a bad
proposal?
A few years ago, the city had no way to know.
Enter "The Sustainability Index," a rating
system the city developed over the past year as it considered the
Elizabeth Avenue proposal for housing, offices, a movie theater and stores
such as Whole Foods Market. The index weighs everything from a project's
financing structure to its distance from future transit stations.
The city prefers projects that help high-crime
areas, minimize public support and limit the city's risk. It tries to
avoid proposals that would create few jobs, buck land-use policies and do
little to spark future growth.
The city's approach is not perfect, McCrory says,
but it's better than the old way.
The index and the city's approach miss several
important pieces, local and national critics say.
Unlike Charlotte's other programs for assisting
businesses (such as incentives designed to lure corporate jobs), the
city's agreements with Spectrum and Grubb do not require retailers to pay
more than the minimum wage.
"Retail is not economic development," says
Greg LeRoy, executive director of Good Jobs First, a nonpartisan research
group based in Washington that opposes government subsidies for retail.
"Retail is what happens if people have disposable income."
Giving government support to retailers -- such as
the Target and Home Depot EXPO Design Center planned for Midtown -- just
gives those companies easy access to residents' money, LeRoy says.
Tom Flynn, the city's interim economic development
director, says the jobs are just one benefit of helping retailers. More
important, he argues, is increasing the property tax base.
Elected officials acknowledge that many of the jobs
they're creating don't pay well.
"It's frustrating, but by gum, if you don't
have a job, any job is good," says City Council member Nancy Carter,
a Democrat.
Right now, many people who live near uptown shop in
the suburbs. Officials hope that luring retailers and amenities can
redirect their spending and invigorate the center city.
But is that really new growth, or are the city and
county just changing shopping patterns to fit their plans for transit
lines, greenways and uptown development? That's the question the city's
analysis tries to answer.
The city and county build safeguards into each
agreement. They negotiated for 18 months on the Elizabeth Avenue
development.
The final arrangement became the measuring stick for
other proposals, and it's a high bar. It protects the city-county
investment by recruiting Presbyterian Hospital's parent company as a
partial guarantor and requiring Grubb to spend millions before getting any
public money.
A win for both sides?
As each proposal comes forward, developers and city
officials often describe it as a win for both sides.How is that possible?
How can governments essentially give away tax money and describe it as a
good thing?
Here's how:
The city structures agreements with developers so
the amount the public spends on a parking deck is always less than the new
taxes generated by the project in any given year. As a result, supporters
describe the excess money as a net gain for the government. The city
payment, such as a contribution to a parking deck, is also confined to a
set time period. When the deal expires, the government gets its full share
of new taxes.
In most states, this is called tax-increment
financing, or TIF, and the projected new taxes support government bonds.
Cities across the country, including New Orleans and Washington, use this
model to lure hotels and stores.
That method is illegal here because N.C. law
requires voter approval of bonds backed by property taxes. A November
referendum could change that, but two previous efforts have failed.
In the past year, even within the current law,
Charlotte figured out a way to do a "synthetic TIF." The main
difference is that the city does no borrowing. Instead, developers borrow
the money and the city makes annual payments.
The approach has become so popular that Wachovia
suggested it as a way to combine a 1,200-seat theater and a new office
tower on South Tryon Street. A task force appointed by McCrory is looking
at extending this model to other projects on the ASC's wish list.
So if the project gets built and the government gets
money it wouldn't receive otherwise, everyone should be happy, right?
Well, maybe not.
The city collects property taxes from everyone.
That's how you get citywide services, such as police and fire protection,
trash pickup and housing inspectors.
By signing an agreement with the city, the developer
gets to designate where the property taxes go, at least for the life of
the contract. The developer still pays taxes, but the extra money goes for
a parking deck on his land, not into the larger pot.
Charlotte tries to keep at least 10 percent of the
increased property taxes created by the new project, in part to pay for
those services. But there is no clear way to measure the actual cost.
Why can't uptown support itself?
Boosters say uptown is special for two reasons: It's
the center of the region, and it's home to the highest land prices.
Stores that serve office workers -- restaurants,
coffee shops and convenience stores -- survive in the center city. Other
retail businesses struggle.
"Other than retail, there's just nothing that
can't carry itself right now," says Jim Dulin, CEO of Spectrum
Properties. "The city's done a good job."
Wachovia economist Mark Vitner says urban retail
projects can work, but only with government assistance or unique stores.
"If you simply try to re-create a suburban
shopping experience in a downtown area, that's doomed to fail," he
says.
The uptown argument doesn't necessarily work on the
east or west sides, where land is cheaper and parking decks are not
required. The city has several programs aimed at revitalizing those areas
and assisting small businesses.
Critics point to all the money Charlotte has spent
uptown for purely public projects, such as the trolley and Convention
Center.
"We're just chasing our tail here," said
John Hood, president of the conservative John Locke Foundation in Raleigh.
"First, we use city tax money to build uptown entities. We build
convention centers and arts venues, and then we're going to use city
taxpayers' money to try to generate business for these new entities."
Who decides?
Tom Flynn, Charlotte's interim economic development
director, guides the city's new approach to public-private partnerships.
These agreements depend on his staff's ability to
negotiate, analyze developers' projections and apply the rating system. To
analyze Pappas Properties' complex Midtown proposal, the city is hiring
consultants.
At first, Pappas presented public officials with a
worksheet showing all of the sales taxes at the proposed Target store as a
benefit for the city and county. But the company changed that,
acknowledging that many future customers already shop in Mecklenburg.
As Charlotte helps bring stores and restaurants to
Grubb's six-block Elizabeth Avenue project, for example, does that rob
other potential businesses of the chance of tapping into that market?
The natural growth of the tax base -- new buildings
and houses every year -- pays for employees' raises and expanded programs.
Elected officials such as Bill James worry that unnecessary subsidies
could limit a source of money that the county depends upon to avoid tax
increases.
Flynn says the opposite is true. Revitalizing an
area can open opportunities nearby for new businesses that want to capture
some of the increased traffic. That would create an even bigger property
tax base, he argues.
"I'm feeling the wave of more caution,"
says City Council member Nancy Carter. "We need to be wary. We need
to be intentional in our choices. We need to make sure that we're not
simply endorsing projects that would exist no matter what."
Private developers and nonprofits seek millions in
public money for projects around uptown Charlotte. A look at some of them,
12A.
2004
Tapping city's purse
City improves how it assesses requests for development aid
You can't help but think some developers may be
treating the City Council the way teenagers sometimes treat their parents'
wallets at prom season: as a font of ready money.
Two local developers recently won city help for
in-town projects: Spectrum Properties for a redevelopment of the old
convention center and a Grubb Properties' project on Elizabeth Avenue.
More such requests are in the pipeline. Among them:
Pappas Properties wants city and county help for a mixed-use project at
Midtown Square; Levine Properties is hoping for a municipal parking garage
in First Ward for its proposed development; the Charlotte Knights want
city and county help for a baseball stadium uptown.
The use of public-private development partnerships
here is decades old. Examples include the Westin hotel, the ill-fated
CityFair and Independence Center.
But why the recent boomlet of requests? Is all this
smart policy? Should the city help any private developers? If so, which
ones, and how much? And how should it decide?
The answer to "why now" is that in-town
sites are hotter spots now than they've been in decades. So more projects
are being proposed in general. Also, the city's willingness to negotiate
and sometimes help lures more requests. Finally, the city's push for
better urban design means fewer surface parking lots in close-in projects.
But parking decks are much more expensive to build. Without help
developers sometimes really can't make a project work financially.
Whether the city should help private developers at
all is another question entirely. We think it's appropriate -- in some
cases, with prudent safeguards. So far, a majority of the City Council has
agreed.
The hard part, then, is figuring out when city aid
is a good idea. The city recently devised a rating system for such
requests, its "Sustainability Index." The system looks at three
dozen factors such as whether the proposal supports the city's long-term
goals, whether the developer has successfully built similar projects, how
much risk the city would take on, and so forth.
The index is a key improvement over the city's
previous approach. It's not perfect, but it's an excellent start.
Another difficulty the city may well face, which the
index doesn't address, is how not to create a climate in which every
developer of every project within 5 miles of uptown wants city money.
Similarly, the city must be able to discern which projects are truly
needed as catalysts, and which would likely happen anyway without city
money.
Potential pitfalls aren't new, of course. CityFair
was a city-aided catalyst project so poorly designed it never catalyzed
much of anything and finally was demolished to build the Hearst Tower.
City Council members must do their homework, ask
plenty of questions and be vigilant against the chance of getting
snookered. Are the city's goals met? Is it protected financially? If the
answers are yes, they should be comfortable with moving ahead. |