Tag: Featured

  • WichitaLiberty.TV: Congressman Ron Estes

    WichitaLiberty.TV: Congressman Ron Estes

    In this episode of WichitaLiberty.TV: United States Representative Ron Estes, a Republican from Wichita representing the fourth district of Kansas, joins hosts Bob Weeks and Karl Peterjohn to discuss the issues of the day. View below, or click here to view at YouTube. Episode 160, broadcast August 6, 2017.

    Shownotes

  • Wichita in the Wall Street Journal

    Wichita in the Wall Street Journal

    A Wall Street Journal article reports on Wichita, but there are a few issues with quotes from the mayor.

    In an article in one of the nation’s leading newspapers, Wichita Mayor Jeff Longwell is quoted:

    “We’re no longer going to play in this traditional incentive game and offering cash to companies,” said Mayor Jeff Longwell. “We think quality of life will do more.”

    The article as shared on Facebook. Click to visit the post.
    The article in the Wall Street Journal is The ‘Air Capital of the World’ Has a Problem: Too Few Aviation Workers. A subscription may be required to view the article.

    What is wrong with what the mayor said? It’s mostly true that the city is no longer paying cash as jobs incentives, although that was never a large part of the city’s spending on incentives. What’s troubling about the mayor’s remarks is that the city has many incentives programs that are just as valuable as paying cash. The State of Kansas adds others. Here are the major programs the city and state offer that are as good as cash:

    The city offers programs (IRB and EDX) in which companies escape paying property taxes, which is just as good as receiving the same amount in cash. 1

    The IRB program, once bonds are authorized by the city, often allows a company to escape paying sales taxes, in some cases several million dollars. Not paying a dollar in sales tax is just as good as receiving a dollar in cash. 2

    The city uses tax increment financing (TIF), in which property taxes paid by a property owner are redirected for the property owner’s benefit. So instead of paying cash for improvements, developers let their property taxes pay for these. 3

    The city uses STAR bonds, in which future sales tax revenue is redirected for the benefit of a specific property owner. This lets the property owners avoid spending cash on things. 4

    The city approves the formation of community improvement districts in which the taxing authority of the city is used to allow merchants to collect extra sales tax. 5

    For one company, the city cut permitting fees in half. It’s estimated the company will save $85,000. That’s as good as receiving cash. 6

    And if this is not enough, the city might pay your company $6,500,000 in cash to use your parking garage during the hours you don’t need it. (Never mind this parking isn’t really needed.) 2

    Besides these programs, the state has programs such as PEAK, which pay cash benefits to companies. Also, the city supports applications for state and federal historic preservation tax credits. Receiving tax credits is as good as receiving cash.

    Set aside the question of whether these incentive programs are necessary and effective. Then we’re left with a few questions:

    Is the mayor not aware that these incentive programs are as valuable to companies as receiving cash payments?

    Or does the mayor believe that the methods by which these programs are implemented obscure the economic realities?

    Or is there some other reason?

    Wichita MSA employment since 2010. Click for larger.
    It’s encouraging that the mayor wants to change something. Since the last recession, Wichita is falling further behind the rest of the country in job growth. 8 For the two recessions before that, Wichita was able to catch up to the rest of the country in job growth. But that isn’t happening now.

    But if the mayor thinks we’re doing something other than using the equivalent of cash to lure companies to Wichita — or just to retain existing companies — he is wrong.

    Trends of business activity in downtown Wichita. Click for larger.
    By the way, the Journal article reports this: “Wichita, known as the ‘air capital of the world,’ is working with the industry to train thousands of new workers while sprucing up downtown in an attempt to make it a place where people want to stay — and to dissuade companies from shipping the jobs overseas.”

    It’s true that a lot of money, but public and private, has been spent on downtown. The economic results, unfortunately, are not good: Since the time of increased investment, there are fewer business establishments, fewer people working downtown, and lower earnings generated in downtown Wichita. 9


    Notes

    1. Weeks, Bob. Industrial revenue bonds in Kansas. Available at https://wichitaliberty.org/kansas-government/industrial-revenue-bonds-kansas/.
    2. Ibid.
    3. Weeks, Bob. Wichita TIF projects: some background. Available at https://wichitaliberty.org/wichita-government/wichita-tif-projects-background/.
    4. Weeks, Bob. STAR bonds in Kansas. Available at https://wichitaliberty.org/kansas-government/star-bonds-kansas/.
    5. Weeks, Bob. Community improvement districts in Kansas. Available at https://wichitaliberty.org/kansas-government/community-improvement-districts-kansas/.
    6. Weeks, Bob. More Cargill incentives from Wichita detailed. Available at https://wichitaliberty.org/wichita-government/cargill-incentives-from-wichita-detailed/.
    7. Ibid.
    8. Weeks, Bob. Wichita MSA employment series. Available at https://wichitaliberty.org/economics/wichita-msa-employment-series/.
    9. Weeks, Bob. Downtown Wichita business trends. Available at https://wichitaliberty.org/wichita-government/downtown-wichita-business-trends/.
  • Wichita employment trends

    Wichita employment trends

    While the unemployment rate in the Wichita metropolitan area has been declining, the numbers behind the decline are not encouraging.

    The unemployment rate, a widely-cited measure of the health of an economy, is not an absolute measure. Instead, it is a ratio, specifically the ratio of the number of unemployed people to the number of people in the labor force. (The labor force, broadly, is the number of persons working plus those actively looking for work. 1)

    It is entirely possible that the unemployment rate falls while the number of people employed also falls. This is the general trend in Wichita for the past seven years or so. Here are some figures from Bureau of Labor Statistics, part of the United States Department of Labor: 2

    The May 2017 unemployment rate declined to just about half the January 2011 rate. The number of employed persons rose by 1.1 percent. The labor force fell by 3.7 percent.

    If we consider only unemployment rate, it looks like the Wichita area is prospering. But the unemployment rate hides bad news: The number of jobs increased only slightly, and the labor force fell. While it’s good that there are more people working, the decline in the labor force is a problem.

    In the nearby chart you can see these effects. The unemployment rate has been declining, although it has recently increased slightly. The labor force has been declining. The number of employed persons has increased, although it has recently declined.

    To use an interactive visualization of employment data for Wichita, click here.

    Example from the visualization. Click for larger.


    Notes

    1. The labor force, specifically the civilian labor force, are those people working, plus those people actively searching for work, minus people under 16 years of age, minus people living in institutions (for example, correctional facilities, long-term care hospitals, and nursing homes), minus people on active duty in the Armed Forces.
      BLS defines unemployed people as: “Persons aged 16 years and older who had no employment during the reference week, were available for work, except for temporary illness, and had made specific efforts to find employment sometime during the 4-week period ending with the reference week. Persons who were waiting to be recalled to a job from which they had been laid off need not have been looking for work to be classified as unemployed.”
      The unemployment rate is “the number unemployed as a percent of the labor force.”
      Bureau of Labor Statistics. Glossary. Available at https://www.bls.gov/bls/glossary.htm.
    2. Bureau of Labor Statistics. Labor Force Statistics from the Current Population Survey. Available at https://www.bls.gov/cps/.
  • Judge Melgren defends Constitutional protections

    Judge Melgren defends Constitutional protections

    By Karl Peterjohn

    While it has become increasingly common for members of the U.S. Supreme Court to make news by public comments, particularly during their summer recess, Wichita Pachyderm Club members had the opportunity for Kansas federal district Judge Eric F. Melgren to quote from his judicial colleagues in a way of defending the Constitution’s concept of the separation of powers. Judge Melgren cited various appellate court rulings, particularly as they related to the largely little known Chevron decision, that damages that constitutional protection at his July 21 speech in Wichita.

    Judge Melgren, a former member of this club before his selection as the U.S. attorney for Kansas that was followed by his 2008 elevation to a federal district court post, began by discussing this governmental paradox, “those who favor (government) efficiency, or inefficient, representative government,” and he quoted from three appellate decisions as well as several of Madison’s Federalist papers to make this point.

    The founders feared tyrannical government and worried about this new government having too much power. That is the reason for the three separate branches where Congress writes the law, the executive branch administers the law, and the judiciary interprets it. This system of checks and balances make government very inefficient, and Melgren cited Madison’s Federalist 47.

    Judge Melgren followed by quoting Supreme Court Justice Clarence Thomas’s opinion in the Department of Transportation v. American Railroads case on this point. Our progressive law has now put the power of taking a general federal statute and having a federal agency basically write the rules and regulations that are then administered by the bureaucracy, and if a dispute arises, is then settled in the agencies own administrative law courts. Congress, often the executive, and unless extensive litigation occurs, the courts are all bypassed. The Chevron decision pushed these legal disputes away from the courts and back to bureaucratic resolutions.

    This creates an environment where the bureaucracy has assumed much of the law making powers, administers the law, and then has their own administrative courts to interpret it.

    In theory, the bureaucracy is part of the executive branch and reports to the president. However, as U.S. attorney Melgren was reminded by his staff that they would be there after he had left that office. This also applies to the rest of the federal government’s bureaucracy.

    To amplify upon this situation Melgren quoted from then federal appeals court judge Gorsuch in an immigration case that turned on the legal question of which conflicting rules from the government applied. The U.S. Supreme Court’s little known but legally controversial Chevron decision took this issue away from the federal courts and gave it to the professional bureaucracy. Gorsuch’s opinion was part of this 10th circuit (federal appellate court) case involving the U.S. justice department in 2016.

    Then President Obama’s rule making authority was at issue, that created this legal problem in the realm of federal administrative law making. This was also a problem in Thomas’ opinion in the railroad case.

    Justice Thomas warned about this dangerous trend. This amplified the warning Gorsuch bemoans in the weakening of the separation of powers in his appellate case. Thomas warned that too often we abrogated and allowed the power to make laws by administrative fiat. It might help make, as is often suggested, “make the trains run on time,” although Judge Melgren expressed serious doubts on this point there was no doubt about the cost to our Constitution, and the individual liberty it is supposed to protect.

    Judge Melgren spoke about the Chevron decision’s impact where the courts must defer to administrative agencies. “Apply the law as it is, and not how they wish it to be,” citing Gorsuch’s opinion, this means that the separation of powers is being totally undermined by the Chevron edict. The solution is: legislation. Law writing is arduous and difficult, but this is not a bug in the system, but this difficulty is a constitutional protection.

    This shift in power under Chevron would astonish the founders if they could see our current system as seen by the growth in the federal government in general. Judge Melgren pointed out that within the lifetime of some of the Pachyderm Club members the number of judges in the federal court system in Kansas had expanded from one in 1940 to six today, and that excludes a number of senior federal judges who have officially “retired,” but still on occasion hear about 1/3 of the total number of cases in the three federal courthouses (Wichita, Topeka, and K.C.) in Kansas. Melgren mentioned his late colleague Judge Brown, who was an appointee of President Kennedy and was still hearing cases while over 100 years old. Judge Brown passed away at the age of 104.

    Melgren readily acknowledged that the separation of powers was not absolute. The federal court system underneath the supreme court is created by congress. The close to 1,000 federal district and appellate judges operate nationally within an organization structure created by Congress.

    Melgren’s last case he quoted was from Kansas Supreme Court Justice Caleb Stegall’s opinion in the selection of district court judges, Sullivan v. Kansas. Stegall’s separation of powers argument cited Madison’s Federalist 51 concerning the concentration of power in any one government agency.

    Stegall applied the warnings over the separation of powers and the direction that state law has taken going back to Kansas Supreme Court cases granting additional administrative power going back to a 1976 ruling that involved the complexity created by the separation of powers. The separation of powers was a critical constitutional concept that is a key to protecting our liberties from government expansion.

    This cautionary litany of judicial rulings quoted by Judge Melgren served as a legal foundation concerning our Constitution and the separation of powers legal structure. The Chevron decision that weakens our liberty, and expands government’s powers, places a roadblock in the effort to preserve, protect and defend our liberty with this important constitutional protection of the separation of powers today.

    Video of this speech is available on YouTube. Click here.

  • A Wichita social media town hall

    A Wichita social media town hall

    A City of Wichita town hall meeting ends in less than nine minutes, with a question pending and unanswered.

    As part of its engagement with citizens, the City of Wichita holds social media town hall meetings. On June 20, 2107, there was a Facebook town hall on the topic of economic development featuring Assistant City Manager Scot Rigby. His charge is “developing and implementing a coordinated and comprehensive development services program and for developing, implementing and overseeing economic development, redevelopment and real estate programs and projects.” He’s worked for the city for two years. 1

    Promoting the town hall. Click for larger.
    There is not a customary duration for events like this, although other social media town halls have been promoted by the city as lasting 90 minutes. Surely citizens might expect any meeting like this to last at least 30 minutes, if not 60 or more.

    But Wichita Assistant City Manager Scot Rigby’s town hall meeting on June 20 lasted eight minutes and 22 seconds.

    (A screen capture of the event is available here, and the entire event as recorded on Facebook is here.)

    It wasn’t for lack of questions that the meeting ended so quickly. One question I asked had to do with the city’s reporting on its economic development efforts. The City of Lawrence annually produces a comprehensive report, but Wichita does not. 2 Rigby answered this question online, which is the way these things are supposed to work.

    An excerpt from the town hall. Click for larger.
    Then I asked this question: “There has been a lot of investment, public and private, in downtown Wichita. What has been the trend in the number of business firms, employees, and payroll during that time?” That was six minutes and 50 seconds after the start of the meeting, according to Facebook. The meeting ended 92 seconds later with no answer to this question.

    But I wanted the city to answer my question. After five weeks of multiple requests through both Facebook and email, I received a response from the city:

    from: Bob Weeks
    to: Scot Rigby

    Hi, I’m still wondering why the social media town hall from June 20 was ended after less than nine minutes. There is still a pending question.

    For your convenience, here is the link to the Facebook video:
    “https://www.facebook.com/cityofwichita/videos/1450322791680383/”

    Thank you,
    Bob Weeks

    Dear Mr. Weeks-

    Scot Rigby asked that I follow up with your question since I was involved with coordination of the Social Media Town Hall events.

    During the Social Media Town Hall events on June 15 and June 20 we presented content in a variety of formats on Facebook and Twitter. We used the Facebook Live format for one topic, but 30 second videos for 14 other topics (seven on each day). We publicized the Facebook Live topic the day before, and our intent was to respond to questions from that topic as well as during the event. We ended the Facebook Live event after responding to comments and feedback from June 15 and focused efforts on responding to other posts as well as Nextdoor, which we used for the first time during the Social Media Town Hall this year. Because of changes in technology, each year the Social Media Town Hall is a little different.

    Sincerely-

    Elizabeth

    Elizabeth Goltry Wadle
    Principal Budget Analyst
    City of Wichita

    I think I’ll characterize this as nonresponsive.

    Besides this answer, the city also responded on Facebook on July 18, nearly a month after I posed the question. That response referred me to the 2016 State of Downtown Report from the Wichita Downtown Development Corporation. That is also (mostly) nonresponsive to my question.

    Trends of business activity in downtown Wichita. Click for larger.
    In a way, I can sympathize with Rigby not wanting to answer my question. Perhaps he doesn’t know the answer. But he might know — he should know — the answer, which is that since 2007 there are fewer business establishments, fewer people working downtown, and lower earnings generated in downtown Wichita. In all cases, the trend is lower. 3

    Regarding the 2016 State of Downtown Report from the Wichita Downtown Development Corporation: That document claims there are 26,000 workers in downtown Wichita. That is a large mistake and greatly overstates the number of workers. 4

    It’s curious that the city did not refer me to a 2017 edition of the State of Downtown Report. But that document does not exist. It’s common for these reports to be released in May, but this year’s report is not yet available.

    The city takes pride in being responsive to citizens. Former Mayor Carl Brewer often spoke in favor of government transparency. For example, in his State of the City address for 2011, he listed as an important goal for the city this: “And we must provide transparency in all that we do.”

    When the city received an award for transparency in 2013, a city news release quoted Wichita City Manager Robert Layton:

    “The City Council has stressed the importance of transparency for this organization,” City Manager Robert Layton said. “We’re honored to receive a Sunny Award and we will continue to empower and engage citizens by providing information necessary to keep them informed on the actions their government is taking on their behalf.”

    Shortly after his election, current Mayor Jeff Longwell penned a column in which he said, “First off, we want City Hall to be open and transparent to everyone in the community.”

    Is a lack of staff at city hall the reason why I can’t get an answer to a question? I don’t think so. Two years ago the city expanded its staff by hiring a Strategic Communications Director. When the city announced the new position, it said: “The Strategic Communications Director is the City’s top communications position, charged with developing, managing, and evaluating innovative, strategic and proactive public communications plans that support the City’s mission, vision and goals.”

    My experience with this social media town hall runs contrary to the city’s proclaimed goals, and this is not the only time I’ve had problems with the city regarding requests for information. 5


    Notes

    1. City of Wichita. Assistant City Manager, Development Director Hired. Available at http://www.wichita.gov/News/Pages/2015-07-15a.aspx.
    2. Weeks, Bob. Wichita doesn’t have this. Available at https://wichitaliberty.org/wichita-government/wichita-does-not-have-this/.
    3. Weeks, Bob. Downtown Wichita business trends. Available at https://wichitaliberty.org/wichita-government/downtown-wichita-business-trends/.
    4. Weeks, Bob. Downtown Wichita jobs, sort of. Available at https://wichitaliberty.org/wichita-government/downtown-wichita-jobs/.
    5. Weeks, Bob. During Sunshine Week, here are a few things Wichita could do. Available at https://wichitaliberty.org/open-records/sunshine-week-wichita/.
  • Naftzger Park tax increment financing (TIF)

    Naftzger Park tax increment financing (TIF)

    Background on tax increment financing (TIF) as applied to Naftzger Park in downtown Wichita.

    The City of Wichita has proposed using tax increment financing (TIF) revenue to redevelop Naftzger Park in downtown Wichita. Various city officials have said something along these lines: There is a pot of money — 1.5 million dollars — available for use on Naftzger Park, and this money can’t be used for any other purpose. Also, it’s implied that if this money is not used on Naftzger Park, this money will not be available for any purpose, almost as though the money will be wasted.

    The source of the money is tax increment financing (TIF). This is a method of public finance whereby future property tax revenues are redirected from their normal flow to something else. The amount of taxes that are paid at the time of the formation of the TIF district is called the base, which is a function of the district’s original assessed value. The plan is that as new property is built or existing property renovated in the TIF district, there is more assessed value, and more taxes are levied and collected. The amount of taxes paid each year above the base is called the increment. It is these incremental taxes that are captured and rerouted. Because TIF is usually applied to blighted areas and the property is not highly valued, the base is usually low. In successful TIF projects, the increment can be very large. 1

    To where are the incremental taxes redirected? Generally, to the benefit of property owners in the TIF district. 2 While there are restrictions on how TIF dollars may be spent, I don’t think any developers within TIF districts have not been able to take full advantage of the TIF dollars that are available, although Naftgzer Park is a special case (see below).

    Advocates of TIF make it sound as though it is free money. They often say that if the proposed project does not receive TIF financing, it can’t be built. This is the “but for” justification: But for the benefit of TIF, nothing will happen. Without TIF there will be no development, and no future incremental taxes will be collected.

    There are several issues with this line of thinking. First, the but for rationale is subject to abuse. Developers who want to use TIF have a large monetary incentive to make it appear as though their projects are not financially viable without TIF. That’s the meaning of but for. To make their case for TIF, developers supply financial projections to cities, and the city usually accepts them at face value. These financial projections rely on many assumptions about the future, often 20 or more years in the future. For example, what will be the occupancy rate and average room rate for a proposed hotel in 15 years? Forecasting these values for next year is difficult enough. Yet, it is projections like these that form the basis of the necessity of TIF.

    City officials do not have the expertise to evaluate these financial projections. If citizens want to see these projections, the City of Wichita will not supply them, in most cases.

    Second: The pleas for TIF made by developers are sometimes plainly false. In Wichita, a developer wanted to build a grocery store using TIF and other incentives. He told the city he has “researched every possible way” to make the project work, and it would not work without TIF. 3 A representative of the developer told the city council, “There will not be a building on that corner if this [TIF] is not passed today. … That new building would not be built. I absolutely can tell you that because we have spent months … trying to figure out a way to finance a project in that area.”

    The city’s chief economic development official told the council, “We know, for example, from the developer’s perspective in terms of how much they will make in lease payments from the Save-A-Lot operator, how much that is, and how much debt that will support, and how much funds the developer can raise personally for this project. That has, in fact, left a gap, and these numbers that you’ve seen today reflect what that gap is.” 4

    While the city approved TIF, the county did not. So TIF was not available, and the developer abandoned the project. But: A different developer built the same grocery store and additional retail space at the same location without TIF. It is still in operation six years later.

    Third: If it is true that we can’t have new development without TIF, there may be obstacles in place that should be removed so that development can take place without TIF.

    Not free money

    TIF has a cost. A real cost. If we don’t recognize that, then we must reconsider the foundation of local tax policy.

    In Wichita, as in most cities, the largest consumers of property tax dollars are the city, county, and school district. All justify their tax collections by citing the services they provide: Law enforcement, fire protection, education, etc. It is for providing these services that we pay local taxes.

    Within a TIF district, however, the new property tax dollars — the increment — do not go to the city, county, and school district to pay for services. Instead, these dollars are used in ways that benefit the development: Property acquisition, site preparation, utilities, drainage, street improvements, streetscape amenities, public outdoor spaces, landscaping, and parking facilities, according to the city’s explanation.

    Yet, the new development will undoubtedly demand and consume the services local government provides — law enforcement, fire protection, and education. But its incremental property taxes do not pay for these, as they have been diverted elsewhere. (The base property taxes still go to pay for these services, but the base is usually low.) Instead, others must pay the cost of providing services to the TIF development, or accept reduced levels of service as existing service providers are saddled with new demand.

    Supporters of TIF argue that developers aren’t getting a free ride. The city isn’t giving them cash, they say. The owners of the TIF development will be paying their full share of higher property taxes in the future. That’s true. But, these new tax dollars are spent for their benefit, not to pay for the cost of government.

    We’re left with an uncomfortable situation. City officials tell us that we must pay property taxes so the city can provide services. (In fact, right now the Wichita city manager is recommending increasing property taxes to pay for more police officers.)

    At the same time, however, the city creates special classes of people who use services but don’t pay for them.

    Yes, the city and developers cite the but for argument, arguing that without the benefit of TIF, there won’t be new development and new demand for services. But we’ve seen that the but for rationale is dubious and subject to abuse.

    Of note: At a recent public meeting regarding Naftzger Park, someone asked if some of the $1.5 million could be used for more police officers. The answer from city officials was “no.” That answer is correct. But in the normal case, part of this $1.5 million would be available to pay for more police.

    Also: The redevelopment district in which incremental taxes will be redirected to Naftzger Park includes a number of properties that are already developed.

    Allowed uses: It’s just infrastructure

    In their justification of TIF, proponents may say that TIF dollars are spent only on allowable purposes. Usually a prominent portion of TIF dollars are spent on things that are related to infrastructure, as listed above. This allows TIF proponents to say the money isn’t really being spent for the benefit of a specific project. It’s spent on infrastructure, they say, which they contend is something that benefits everyone, not one project specifically. Therefore, everyone ought to pay.

    But this isn’t the case. Often non-TIF developers pay for significant infrastructure at their own expense. An example is the Waterfront development in northeast Wichita. There is a street that winds through the development, Waterfront Parkway. To anyone driving or walking in this area, they would think this is just another city street — although a very nicely designed and landscaped street. But the city did not pay for this street. Private developers paid $1,672,000 for this infrastructure, and then deeded it to the city. The same developers paid for street lights, traffic signals, sewers, water pipes, and turning lanes on major city streets. In order to build the Waterfront development, private developers paid for infrastructure, with a total cost of these projects at one time being $3,334,500. It has likely risen since then. 5

    In the case of Naftzger Park, it’s argued that the park benefits everyone. Therefore, it’s akin to infrastructure. In reality, the park is more like the front yard of a proposed hotel and a nearby building, being developed for their owner’s benefit. The developers of these are managing, along with the city, the plans for Naftzger Park. Incredibly, applications to be the park’s architect were sent not to the city, but to the private developers. 6

    Further: Park improvements were not an allowed use of TIF funds when the Center City South TIF was formed in 2007. So the city amended the TIF district plan to allow for TIF funds to be used to redevelop Naftzger Park. 7

    Redirect your taxes, not mine

    The Wichita Downtown Development Corporation (WDDC) is funded, primarily, by property taxes. A district known as the Self-Supported Municipal Improvement District (SSMID) levies a property tax in a district roughly defined as from Kellogg north to Central, and the Arkansas River east to Washington Street. In 2011 the mill levy was 5.950 and raised nearly $600,000 in revenue. 8 For 2016 the mill levy was 7.140. With an assessed value of $92,901,423, the SSMID tax ought to raise about $663,000. 9

    All the property tax money raised by the SSMID is used to fund WDDC.

    Now, WDDC — one of the leading advocates for the use of TIF in downtown Wichita — is quite happy to see incremental tax dollars redirected away from the city, county, and school district to benefit TIF developers. You might think that WDDC would also participate in this — purportedly — beneficial arrangement, consenting for its share of property tax to also be redirected for the benefit of developers.

    Guess again. The SSMID — nearly the only source of funding for WDDC — is exempted from having its tax revenue capture by TIF and redirected to another purpose.


    Notes

    1. Weeks, Bob. Wichita TIF projects: some background. Available at https://wichitaliberty.org/wichita-government/wichita-tif-projects-background/.
    2. The Center City South TIF district is an unusual case in that only 70 percent of the incremental taxes are redirected.
    3. Weeks, Bob. In Wichita Planeview neighborhood: Yes, we have! Available at https://wichitaliberty.org/wichita-government/in-wichita-planeview-neighborhood-yes-we-have/.
    4. Weeks, Bob. For Wichita, Save-A-Lot teaches a lesson. Available at https://wichitaliberty.org/wichita-government/for-wichita-save-a-lot-teaches-a-lesson/.
    5. Weeks, Bob. Wichita TIF projects: some background. Available at https://wichitaliberty.org/wichita-government/wichita-tif-projects-background/.
    6. City of Wichita. Request for Qualification No. – FP740043. Available at https://drive.google.com/file/d/0B97azj3TSm9MQ1ZVcXVsNVQ2dkE/view?usp=sharing.
    7. Wichita city council agenda packet for May 16, 2016, agenda item IV-1.
    8. Wichita city ordinance 48-786. Available at http://wichitaks.granicus.com/MetaViewer.php?view_id=2&clip_id=820&meta_id=65004.
    9. Sedgwick County Clerk’s Office and author’s calculations.
  • Upcoming Naftzger Park legislative action

    Upcoming Naftzger Park legislative action

    The redesign of Naftzger Park in downtown Wichita is not a done deal, at least not legally.

    While the City of Wichita is engaging citizens and planning for the future of Naftzger Park, there is still another legislative step the city must take in order to fully proceed. In Kansas, use of tax increment financing requires at least two steps. The first step is that cities or counties establish the boundaries of the TIF district. After the TIF district is defined, cities then must approve one or more project plans that authorize the spending of TIF funds in specific ways. (The project plan is also called a redevelopment plan.) In Kansas, overlapping counties and school districts have an opportunity to veto the formation of the TIF district, but this rarely happens. Once the district is formed, cities and counties have no ability to object to TIF project plans. 1

    Center City South Redevelopment TIF District, July 2017. Click for larger.
    In the case of Naftzger Park, the TIF district (named Center City South) was formed some years ago, and there have been redevelopment plans adopted that cover portions of this rather large TIF district. Now a new redevelopment project area is proposed that includes Naftzger Park and some surrounding property. In the nearby map from the city, the Center City South TIF district is shown. The redevelopment project area under consideration is labeled “11.”

    In order to pass a redevelopment plan into statute, Kansas law requires a public hearing and passage of the redevelopment plan by a two-thirds majority of the governing body. For the Wichita city council, that means five votes are needed to adopt the project plan and start spending money. 2

    Documents from the city explain: “The next step in establishing the legal authority to use TIF is the adoption by the City Council of a redevelopment project plan, within the district, which provides more detailed information on the proposed project and how TIF would be used, and demonstrates how the projected increase in property tax revenue will amortize the costs financed with TIF.” 3

    Just for emphasis, from the same document: “Once adopted, the City will be authorized to use TIF to finance eligible project costs.”

    (The terminology may be confusing. Some documents use the term “project plan” and sometimes “redevelopment plan.” TIF districts are also sometimes referred to as “redevelopment districts.”)

    On July 11, 2017 the Wichita city council set August 15 as the date for the public hearing. Presumably a vote on adoption of the redevelopment plan will be at the same meeting, although votes like this have been delayed. And, there’s no guarantee there will be five votes in favor of adopting the plan.

    Since the redevelopment plan has not been adopted, you may be wondering how the city is going to use TIF funds to pay the architects. That’s a good question. It is the city’s declared intent to use TIF funding for work that is currently being done: “The park design is anticipated to be provided by Tax Increment Financing and is identified in the proposed 2018 CIP.” 4

    Another consideration: The city is proceeding at full speed — “an aggressive timetable” is the quote from the city manager — on the plan to redevelop Naftzger Park. 5 Public sentiment seems to be that it is a “done deal.” It’s going to happen, people are resigned to say.

    To his credit, the city manager is also quoted in the same Eagle article showing his understanding that the process is not complete: “If the process doesn’t allow us to do it, it doesn’t allow us to do it,”

    But other city officials act as though the design of Naftzger Park is inevitable, that the TIF money is there waiting to be spent, and those funds will be lost if not spent on the park.

    With attitudes like this, I wonder why we should bother holding a public hearing.

    Following is an excerpt from the July 11, 2017 city council agenda packet:

    The next step in establishing the legal authority to use TIF is the adoption by the City Council of a redevelopment project plan, within the district, which provides more detailed information on the proposed project and how TIF would be used, and demonstrates how the projected increase in property tax revenue will amortize the costs financed with TIF. …

    In accordance with state law, a TIF Project Plan has been prepared in consultation with the Wichita-Sedgwick County Metropolitan Area Planning Commission, which has made a finding that the project is consistent with the Comprehensive Plan for development of the area. In order to adopt a TIF Project Plan, the City Council must first set a public hearing no less than 30 and no more than 70 days from adoption of the resolution setting the hearing. The date of August 15, 2017, at the regular City Council meeting is proposed for the public hearing on the Naftzger Park Project Plan.

    If adopted by the City Council, the attached resolution setting the August 15, 2017 public hearing will be sent to the owners and occupants of all property located within the proposed Naftzger Park Project Area, by certified mail. The resolution will also be published in the Wichita Eagle and copies will be provided to the Board of County Commissioners and Board of Education and their appropriate staff.

    After closing the public hearing on August 15, 2017, the City Council may adopt the TIF Project Plan by ordinance, by two-thirds majority vote. Once adopted, the City will be authorized to use TIF to finance eligible project costs.


    Notes

    1. Weeks, Bob. Wichita TIF projects: some background. Available at https://wichitaliberty.org/wichita-government/wichita-tif-projects-background/.
    2. 7 city council members times 2 divided by 3 equals 4.67, which must be rounded up to 5.
    3. Wichita city council agenda packet for July 11, 2017, item IV-1.
    4. Wichita city council agenda packet for July 18, 2017, item IV-3.
    5. Finger, Stan. Contentious crowd gathers to discuss Naftzger Park’s future, redesign. Wichita Eagle, July 27, 2017. Available here: http://www.kansas.com/news/politics-government/article164112397.html.
  • WichitaLiberty.TV: After the Kansas tax increases

    WichitaLiberty.TV: After the Kansas tax increases

    In this episode of WichitaLiberty.TV: Jonathan Williams, chief economist at American Legislative Exchange Council (ALEC), joins Bob Weeks and Karl Peterjohn to discuss what ALEC does, and then topics specific to Kansas. View below, or click here to view at YouTube. Episode 159, broadcast July 30, 2017.

    Shownotes

  • Wichita MSA employment series

    Wichita MSA employment series

    Charts of employment in the Wichita metro area, along with Kansas and the United States.

    Since 1990 the country has experienced three recessions. For the first two, Wichita was able to catch up with the employment growth experienced by the entire nation.

    For the most recent recession, however, this hasn’t been the case. In fact, as time has progressed since 2010, the gap between Wichita and the nation has grown. Wichita is falling farther behind. You can also see evidence of this in the chart of one-year and five-year changes in employment. The peaks for the five-year series have become shorter and narrower, indicating weaker recoveries from recessions.

    Source of data is Bureau of Labor Statistics, an agency of the United States Department of Labor, 1 specifically the Current Employment Statistics program. 2 Charts created by the author. The charts of employment are indexed so that relative changes may be compared. Clicking charts may produce larger versions.

    Wichita MSA employment since 1990.
    Wichita MSA employment since 2010.
    Changes in Wichita MSA employment since 1990.
    Five-Year change in Wichita MSA employment.


    Notes

    1. “The Bureau of Labor Statistics of the U.S. Department of Labor is the principal Federal agency responsible for measuring labor market activity, working conditions, and price changes in the economy. Its mission is to collect, analyze, and disseminate essential economic information to support public and private decision-making. As an independent statistical agency, BLS serves its diverse user communities by providing products and services that are objective, timely, accurate, and relevant.” Bureau of Labor statistics. About BLS. https://www.bls.gov/bls/infohome.htm.
    2. https://www.bls.gov/sae/