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Agenda Item No. XII-
4b.
City of WichitaCity Council MeetingJune 23, 2009TO:
Mayor and City Council
SUBJECT:
Petition to Renovate Building Facade in the Core Area (District I)
INITIATED BY:
Office of Urban Development
AGENDA:
Consent Agenda
Recommendation
: Approve the petition and adopt the resolution.
Background:
In 2006, Real Development purchased the former mattress factory located at the southwestcorner of St. Francis and William in Downtown Wichita and converted it to a 28-unit residentialcondominium property. All but two of condo units have been sold and are occupied. In 2008, heavyspring and summer rainfall caused rainwater to enter some condo units through cracks in the brick façadeof the building, causing serious damage. The building is located adjacent to the Intrust Bank Arena, andit is believed that construction work on the arena may have contributed to cracks in the façade.Some emergency repair work was completed on the building in the summer of 2008, but the entirebuilding façade needs tuck-pointing to ensure it will remain water-tight on a long-term basis. The Lofts at
St. Francis Homeowners Association has applied to the City’s Façade Improvement Program to finance
the needed façade repairs with special assessments. A petition signed by 100% of the condo owners hasbeen submitted for this purpose.
Analysis:
Under the recently approved changes to the policy and procedures for the Façade ImprovementProgram, special assessments must be levied against the benefiting property prior to starting theimprovement project, by means of adoption of a maximum assessment ordinance following a publichearing. The attached resolution sets a public hearing for July 7, 2009.The Homeowners Association has solicited competitive bids for the façade repair work from threequalified contractors, with the lowest bid being $92,940. Allowing for a 10% contingency, 2% PublicWorks administrative fee and architectural/inspection costs, the total petition amount is $112,620. Work completed prior to now is not included in the petition amount.The recent changes to the guidelines for this program include a requirement that the amount of the façadeprogram funding be at least match with private investment. This façade repair project does not include aconcurrent private investment. However, when the property was redeveloped by Real Development in2006, the private investment was many times the amount of the current façade project. The building isnow appraised by Sedgwick County for over $6,000,000. Because of this, the Homeowners Associationrequests the City consider the matching requirement to be fulfilled and waive the requirement for a newappraisal.Another requirement is a financial analysis that demonstrates the need for public financing to completethe project. This project does not lend itself to this type of gap analysis; however, staff believes thatconventional financing would be difficult to obtain for exterior repairs to a residential condominiumproperty like this. Each individual condo owner would be required to fund a share of the cost.
 
Financial Considerations:
The maximum assessment amount is $112,620. The actual amount to beassessed to the property, not to exceed $112,620, will be based on a final statement of costs followingcompletion of construction and will be financed with 15-year special assessment G.O. bonds.
Goal Impact:
This project addresses the Dynamic Core Area goal by facilitating improvements to aprivately owned building in the Arena Neighborhood Redevelopment Plan area.
Legal Considerations:
State Statutes provide the City Council authority to use special assessmentfunding for the project. The procedures for using a maximum assessment ordinance call for a publichearing to be held not less than 10 days following adoption of a resolution approving the façadeimprovement project and setting the public hearing. The attached resolution sets July 7, 2009 as thepublic hearing date.
Recommendations/Actions:
It is recommended that the City Council approve the petition, adopt theresolution and authorize the necessary signatures.
Attachments:
Petition and Resolution
 
028001First Published in the Wichita Eagle on June 30, 2009RESOLUTION NO. 09-184RESOLUTION OF FINDINGS OF ADVISABILITY AND RESOLUTIONAUTHORIZING CONSTRUCTING IMPROVEMENTS TO
 
AREA WALLS ON PUBLICWAY OR LAND ABUTTING PUBLIC WAYS CONSISTING OF FAÇADEIMPROVEMENTS TO THE PORTION OF 201 S. ST. FRANCIS THAT ABUTS PUBLICWAYS, INCLUDING ST. FRANCIS AND WILLIAM STREETS IN THE CITY OFWICHITA, KANSAS, PURSUANT TO FINDINGS OF ADVISABILITY MADE BY THEGOVERNING BODY OF THE CITY OF WICHITA, KANSAS.BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA,KANSAS, THAT THE FOLLOWING FINDINGS AS TO THE ADVISABILITY OFAUTHORIZING CONSTRUCTING IMPROVEMENTS TO
 
AREA WALLS ON PUBLICWAY OR LAND ABUTTING PUBLIC WAYS CONSISTING OF FAÇADEIMPROVEMENTS TO THE PORTION OF 201 S. ST. FRANCIS THAT ABUTS PUBLICWAYS, INCLUDING ST. FRANCIS AND WILLIAM STREETS IN THE CITY OFWICHITA, KANSAS, ARE HEREBY MADE TO-WIT:SECTION 1. That it is necessary and in the public interest to authorize
 
constructingimprovements to
 
area walls on public way or land abutting public ways consisting of façadeimprovements to the portion of 201 S. St. Francis that abuts public ways, including St. Francisand William streets.
 
SECTION 2. That the estimated probable cost of the foregoing improvement is$112,620, payable by the improvement district.SECTION 3. That all costs of said improvements attributable to the improvementdistrict, when ascertained, shall be assessed against the land lying within the improvementdistrict described as follows:Lots 14-16, 4
th
 
 Now St. Francis Ave., English’s Addition,
a subdivision of Wichita, Sedgwick County, Kansas.SECTION 4. That the method of apportioning all costs of said improvementsattributable to the improvement district to the owners of land liable for assessment therefore shallbe on a
 
square foot
 
basis.Where the ownership of a single lot or tract is or may be divided into two or more parcels,the assessment to the lot or tract so divided shall be assessed to each ownership or parcel on asquare foot basis.SECTION 5. Whereas, the Governing Body of the City, upon examination thereof,considered, found and determined the Petition to be sufficient, having been signed by the ownersof record, whether resident or not, of more than Fifty Percent (50%) of the property liable forassessment for the costs of the improvement requested thereby; the advisability of theimprovements set forth above is hereby established as authorized by K.S.A. 12-6a01 et seq., asamended.
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