[CALL TO ORDER ]
[00:00:10]
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
JENNIFER, WOULD YOU PLEASE CALL ROLL? THANK YOU, MAYOR.
COUNCIL MEMBER HANDLEY? PRESENT.
COUNCIL MEMBER EITERICH? PRESENT.
COUNCIL MEMBER CHARLTON? HERE.
COUNCIL MEMBER WILLIAMSON? PRESENT.
COUNCIL MEMBER DENNY? PRESENT.
COUNCIL MEMBER HERRON? PRESENT.
MAYOR SAYERS IS PRESENT AND PRESIDING.
[APPROVE MINUTES ]
THANK YOU, JENNIFER.ANY CORRECTIONS TO THE DRAFT MINUTES OF THE JUNE 2ND CITY COUNCIL MEETING? HEARING NONE, I'LL ENTERTAIN A MOTION TO APPROVE THE MINUTES.
MOTION BY AVERY, SECOND BY COURTNEY.
THOSE OPPOSED? MINUTES ARE APPROVED.
[MODIFICATION OF AGENDA ]
JENNIFER, ANY MODIFICATIONS THIS EVENING? YES, ITEM TWO WILL BE REMOVED FROM THE CONSENT AGENDA FOR PRESENTATION.[APPOINTMENTS]
EVENING.COUNCIL MEMBER WILLIAMSON WILL SERVE AS THE NEXT COUNCIL PRESIDENT BEGINNING JULY 1ST THROUGH DECEMBER 31ST, 2026.
I WANT TO WELCOME HER AND SAY THANK YOU TO COUNCILMEMBER CHARLTON, WHO HAS SERVED AS COUNCIL PRESIDENT FOR THE LAST SIX MONTHS, FILLED IN FOR ALL OF THOSE RIBBON CUTTINGS.
SO THANK YOU VERY MUCH, COUNCILMEMBER CHARLTON.
[CONSENT AGENDA ]
AGENDA.THERE ARE SEVEN ITEMS ON TONIGHT'S CONSENT AGENDA.
MATTERS LISTED WITHIN THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE AND WILL BE ACTED ON COLLECTIVELY WITH NO SEPARATE DISCUSSION.
MAY BE REMOVED FROM THE CONSENT AGENDA FOR SEPARATE DISCUSSION BY A MEMBER OF THE GOVERNING BODY, CITY MANAGER, OR A MEMBER OF THE PUBLIC.
IN THE EVENT THAT AN ITEM IS REMOVED, IT WILL BE PLACED ON THE REGULAR AGENDA.
BESIDES ITEM TWO, ANYONE WISH TO REMOVE AN ITEM FOR DISCUSSION? SEEING NONE, I WILL TAKE A MOTION TO APPROVE ITEMS ONE, THREE, THROUGH EIGHT.
MOTION BY COURTNEY, SECOND BY AVERY.
CONSENT AGENDA IS, ALL THOSE OPPOSED? CONSENT AGENDA IS APPROVED.
[2. Acceptance of drainage, utility, landscape, and sidewalk easements and rights-of-way as shown on Highlands at Clear Creek Final Plat Highlands at Clear Creek is a 50-lot single-family residential neighborhood on 16.73 acres located near the southeast corner of 86th Terrace & Clare Road. Easements and rights-of-way are being dedicated to the City as part of this final plat. ]
ITEM NUMBER TWO IS THE ACCEPTANCE OF DRAINAGE, UTILITY, LANDSCAPE, AND SIDEWALK EASEMENTS AND RIGHT-OF-WAYS SHOWN ON THE HIGHLANDS AT CLEAR CREEK FINAL PLATTE.THANK YOU AND GOOD EVENING MAYOR AND COUNCIL.
I'M SCOTT MCCULLOUGH WITH THE COMMUNITY DEVELOPMENT DEPARTMENT.
THIS ITEM IS A REQUEST TO ACCEPT DEDICATIONS OF RIGHTS-OF-WAY AND EASEMENTS FOR THE HIGHLANDS AT CLEAR, I KNEW I'D SCREW THAT UP.
HIGHLANDS AT CLEAR CREEK, FINAL PLATTE, WHICH IS A 50-LOT, FOUR-TRACK RESIDENTIAL SUBDIVISION ON APPROXIMATELY 17 ACRES OF LAND.
THE PROPERTY IS LOCATED SOUTH AND WEST OF THE CLARE ROAD AND WEST 86TH TERRACE INTERSECTION AND IS CURRENTLY OWNED BY THE CITY BUT WILL BE OWNED BY HABITAT FOR HUMANITY AT THE TIME THE PLATTE IS RECORDED.
THE REZONING AND PRELIMINARY PLAN IN PLATT WERE APPROVED ON FEBRUARY 17TH OF THIS YEAR.
OVER THE WEEKEND, YOU RECEIVED COMMUNICATION FROM A RESIDENT REGARDING THIS PREVIOUSLY APPROVED REZONING AND THE ASSOCIATED NOTICE FOR ITS PUBLIC HEARING.
I'LL NOTE THAT THE OUTCOME OF THE REZONING REQUEST IS CURRENTLY IN LITIGATION AND THE REZONING IS NOT UNDER CONSIDERATION TONIGHT, NOR IS THE CITY OR APPLICANT UNDER ANY ORDER TO DELAY FOLLOW-UP PROCESSES TO THE REZONING SUCH AS THIS FINAL PLAT.
AND SO IT IS BEING PRESENTED TO YOU THIS EVENING FOR ACCEPTANCE OF RIGHTS-OF-WAY AND EASEMENTS AS OUTLINED IN THE STAFF'S PACKET MEMO.
THIS IS THE EXHIBIT REFLECTING THOSE DEDICATIONS.
THEY ARE TYPICAL DEDICATIONS FOR RESIDENTIAL PLATS AND INCLUDE LANDSCAPE, DRAINAGE, UTILITY, AND SIDEWALK EASEMENTS ALONG WITH STREET RIGHTS-OF-WAY, ALL OF WHICH ARE BEING DEDICATED TO THE CITY AND ALL OF WHICH ARE CONSISTENT WITH THE APPROVED PRELIMINARY PLAN.
THE PLANNING COMMISSION APPROVED THE FINAL PLAT AT THEIR JUNE 1ST MEETING, AND SO WHILE THE PLAT HAS BEEN APPROVED, THE ACCEPTANCE OF DEDICATIONS IS A FUNCTION GRANTED TO THE GOVERNING BODY AND IS MORE OF AN ADMINISTRATIVE FUNCTION ONCE THE PRELIMINARY PLAT IS APPROVED.
STAFF RECOMMENDS THAT THE GOVERNING BODY ACCEPT THE RIGHT-OF-WAY AND EASEMENT DEDICATIONS AS PRESENTED, AND I'M HAPPY TO TAKE QUESTIONS.
THE PLANNING COMMISSION TOOK THIS ON ON JUNE 1ST.
THE RECOMMENDATION FROM THE PROFESSIONAL STAFF, THERE'S AN ITEM NUMBER, BULLET ITEM NUMBER THREE ON THERE.
[00:05:01]
THE PROJECT IS CONSISTENT WITH LENEXA'S GOALS THROUGH RESPONSIBLE ECONOMIC DEVELOPMENT TO CREATE VIBRANT NEIGHBORHOODS AND A THRIVING COMMUNITY.CAN YOU EXPAND ON THAT A LITTLE BIT AND UNDERSTAND THE STAFF'S PROFESSIONAL RECOMMENDATION OF THAT? SO OUR STAFF REPORTS INCLUDE THE GOVERNING BODY'S GOALS AS WELL AS OUR VALUES.
AND SO WE TYPICALLY ADD HOW THEY'RE CONNECTED TO WHAT THE GOVERNING BODY.
WANTS TO IMPLEMENT IN THE CITY OF LENEXA FOR RESIDENTIAL DEVELOPMENT AND THAT'S WHAT WE DO IN OUR AND TYPICALLY ON EVERY SPECIFICALLY HOW IS IT MORE RESPONSIBLE ECONOMIC DEVELOPMENT TO WHERE WE COULD HAVE POTENTIALLY ON THIS I KNOW IT'S BEATING A DEAD HORSE BUT WE COULD HAVE HAD A LOT MORE YOU KNOW BETTER TAX BASE OF 800 900 000 DOLLAR LOTS UH HOUSES IN THAT AREA AND SO MY I'M JUST KIND OF QUESTIONING OR TRYING TO UNDERSTAND THE ECONOMIC RESPONSIBLE DEVELOPMENT FROM THAT STANDPOINT? I THINK IT'S MORE OF A GENERAL GOAL THAT WE ENCOURAGE GROWTH IN MANY FORMS AND FASHIONS, AND THIS REPRESENTS THAT GROWTH, WHICH DOES BUILD THE FABRIC OF THE COMMUNITY AND IMPLEMENT THOSE GOALS.
AS WE DISCUSSED AND ANALYZED THROUGH THAT PROCESS, WHICH WE'RE NOT HERE TO REALLY DIVE BACK INTO, THERE WERE A NUMBER OF VALUES AND GOALS IN THE COMPREHENSIVE PLAN AND OTHERWISE THAT THIS PROJECT REPRESENTS.
YEAH, MARK BRINGS UP A GOOD POINT ON THE ECONOMIC DEVELOPMENT, BUT YOU ALL KNOW HOW I FEEL.
I FEEL THIS EXPERIMENT IS IN THE WRONG LOCATION.
HAVE WE SOLD THE LAND YET, SCOTT, BECKY? I WOULD TURN TO...
CITY ATTORNEY SEAN MCLAUGHLIN.
WE, AS YOU KNOW, WE'VE EXECUTED A CONTRACT AND THEY'RE IN THEIR DUE DILIGENCE PERIOD.
SO WE STILL OWN IT? WE DO STILL OWN IT.
HOW ARE WE ACCEPTING LAND THAT WE ALREADY OWN? SO IT'S PROCEDURAL IN NATURE THAT WE, THE PLAT IS THE INSTRUMENT, THE VEHICLE OF DEDICATING PER LEGAL DESCRIPTIONS AND LEGALLY DESCRIBED.
EASEMENTS AND RIGHTS OF WAY ON THE EXHIBIT ITSELF THAT WE CALL A PLAT.
THAT'S THE DOCUMENT THAT EVENTUALLY GETS RECORDED WITH THE COUNTY THAT REFLECTS THE DEDICATION ACTION TAKEN BY THE GOVERNING BODY TONIGHT TO ACCEPT THE DEDICATIONS OF THAT PLAT MAP.
SO AT THE TIME OF RECORDING, HABITAT FOR HUMANITY WILL RECORD THE DOCUMENT UNDER THEIR OWNERSHIP.
BUT THE ACTION OF ACCEPTING DEDICATIONS AS REFLECTED ON THE PLAT IS A VALID ACTION OF THE GOVERNING BODY.
WE ALL GOT THE EMAIL FROM DAN WILKIS.
I SEE DAN'S IN THE AUDIENCE TONIGHT.
ANY THOUGHT TO HAVE DAN SPEAK IF HE WANTS TO? I THINK DUE TO THE PENDING LITIGATION, THAT'S PROBABLY UNWISE AT THIS JUNCTURE.
WE NEED TO LET THE COURT PLAY OUT.
AS IT WILL BE HEARD, AND SCOTT NOTED THIS IS ADMINISTRATIVE IN NATURE.
I DO THINK THAT MOST, IF NOT ALL, OF THE POINTS THAT DAN WILKIS HAD IN HIS EMAIL, THAT THOSE WILL BE DECIDED BY THE JUDGE.
I MEAN, WE THINK WE DID IT RIGHT.
DAN THINKS WE DIDN'T, AND SO IT'S WITH THE JUDGE.
YEAH, AND I THINK THAT'S THE APPROPRIATE VENUE, NOT IN AN ADMINISTRATIVE ACTION ON THE DRAINAGE EASEMENTS.
WELL, AS I SAID EARLIER, YOU KNOW HOW I FEEL ABOUT THIS.
ANYTHING ELSE? MARK, ONE MORE.
IN REGARDS TO CLOSING ON THE PROPERTY, WILL THAT HAPPEN PRIOR TO? THE COURT CASE GOING THROUGH AND EVERYTHING? I CAN'T SPEAK TO THE TIMING OF THE COURT CASE, BUT THE INTENT IS TO...
TIME FRAME IN THE CONTRACT WAS ABOUT 120 DAYS.
AVERY, DID I HEAR SOMEONE DOWN HERE? ANYTHING ELSE? JOHN MICHAEL? I'LL JUST CHIME IN TO SAY...
[00:10:01]
THAT ACCEPTING RIGHTS OF WAY AND EASEMENTS IS VERY STRAIGHTFORWARD AND SOMETHING THAT WE'VE PROBABLY DONE A MILLION TIMES WITHOUT THINKING ABOUT IT.AND SO THIS IS US CONDUCTING THE BUSINESS OF THE CITY.
ENTERTAIN A MOTION TO ACCEPT THE DRAINAGE UTILITY LANDSCAPE AND SIDEWALK EASEMENTS AND RIGHTS OF WAY SHOWN AS ON THE HIGHLANDS AT CAREER CLIQUE.
HIGHLANDS AT CLEAR CREEK FINAL PLATTE.
THAT SOUNDED LIKE CHELSEA AND JOHN MICHAEL, ALL IN FAVOR.
[9. Consideration of a preliminary plan for an office and public safety services development known as Lenexa Fire Station 6 located at 12300 W. 87th Street Parkway in the CP-O, Planned General Office District ]
CONSIDERATION OF A PRELIMINARY PLAN FOR AN OFFICE AND PUBLIC SAFETY SERVICES DEVELOPMENT KNOWN AS LENEXA FIRE STATION 6, LOCATED AT 12300 WEST 87TH STREET PARKWAY.IN THE CPO PLANNED GENERAL OFFICE DISTRICT.
GOOD EVENING, MAYOR AND COUNCIL.
STEPHANIE SULLIVAN WITH THE COMMUNITY DEVELOPMENT DEPARTMENT.
AS MENTIONED, THIS IS A PRELIMINARY PLAN FOR FIRE STATION 6 AND SOME ADDITIONAL CONCEPTUAL LEVEL PLANS FOR THE SITE AS A WHOLE, AND I WILL SHOW YOU MORE ABOUT THAT IN JUST A COUPLE SLIDES.
AT FIRST, YOU'LL SEE ON THE SCREEN HERE THE LOCATION MAP.
THE SITE IS WHAT WE CALL LOVINGLY THE OLD CITY HALL SITE OR OLD POLICE DEPARTMENT SITE.
IT WAS FORMERLY HOME TO CITY HALL BEFORE WE MOVED TO THIS LOVELY BUILDING YOU'RE IN THIS EVENING.
AND THIS IS LOCATED AT 87TH STREET IN MONROVIA ON THE NORTH SIDE OF 87TH STREET.
YOU CAN SEE A COUPLE OTHER CHURCHES AND RESIDENTIAL AREAS LABELED ON THE MAP HERE AND QUIVIRA ROAD TO THE EAST OF THE SITE.
THE SITE IS ZONED CPO, WHICH IS A LOWER INTENSITY OFFICE TYPE ZONING DISTRICT.
YOU CAN SEE IN THE BLUE THERE.
AND AGAIN, OUT SCREEN HERE IN RED, RIGHT IN THE MIDDLE OF THE MAP.
IT'S SURROUNDED BY SOME RESIDENTIAL ZONING.
THE CHURCH ADJACENT TO THE WEST IS ZONED R1.
AND SOME OF THOSE OTHER RESIDENTIAL AREAS ARE ZONED RP3 AND RP4.
IT'S ALSO SURROUNDED BY OTHER COMMERCIAL AREAS, BOTH TO THE EAST AND TO THE SOUTH OF 87TH STREET.
THE COMPREHENSIVE PLANS FUTURE LAND USE MAP CALLS FOR INSTITUTIONAL USES HERE AND IT IS GOING FROM ONE INSTITUTIONAL USE TO ANOTHER INSTITUTIONAL USE BECAUSE THE CITY PLANS TO RAISE THE SITE WHICH MEANS DEMOLISH THE SITE AND REBUILD SOME NEW BUILDINGS WHICH I WILL TALK ABOUT NEXT.
SO THE PROPOSED SITE PLAN INCLUDES THREE BUILDINGS TOTALING ABOUT 61,000 SQUARE FEET.
TWO BUILDINGS LABELED OFFICE AND OFFICE WAREHOUSE ARE MORE CONCEPTUAL IN NATURE AT THIS TIME, BUT WE ARE PRELIMINARY PLANNING THOSE IN JUST TO SHOW HOW THE ENTIRE SITE WILL FUNCTION POTENTIALLY IN THE FUTURE.
AT THIS TIME, THE APPLICATION IN FRONT OF YOU WITH THE MOST DETAIL MOVING FORWARD TONIGHT IS FOR THE FIRE STATION AND ADMINISTRATIVE OFFICE, WHICH YOU SEE ON THE EAST SIDE OF THE SITE HERE.
THAT'S THE LARGEST BUILDING AT ABOUT 27,000 SQUARE FEET.
PART OF THE SITE THAT YOU WILL SEE MOVE ON TO A FINAL PLAN IN THE COMING MONTHS, AND THAT WOULD BE THE FIRST PHASE OF CONSTRUCTION ON THE SITE.
THERE'S A TOTAL OF ABOUT 250 PARKING SPACES THROUGHOUT THE SITE.
A PORTION OF THOSE WOULD BE COMPLETED WITH THIS FIRST PHASE, AND THE REMAINDER WOULD BE COMPLETED WITH LATER PHASES FOR THE ADDITIONAL BUILDINGS.
THE SITE IS ACCESSED OFF BOTH LONG STREET ON THE WEST, AS YOU CAN SEE OVER HERE WITH THE ARROWS, AND MONROVIA STREET ON THE EAST.
AS WELL AS 85TH TERRACE TO THE NORTH.
THOSE ARE EXISTING ACCESS POINTS AND WE INTEND TO RETAIN THOSE SO THAT WE HAVE THREE DIFFERENT MODES OF ACCESS TO THE SITE.
THAT'S ALSO GOING TO ASSIST WITH GETTING THE FIRE VEHICLES IN AND OUT OF THE NEW BAY, WHICH IS LOCATED NEAR THESE RED AREAS HERE.
IT ALSO LETS US HAVE GREAT ACCESS FOR FIRE TO GET NOT ONLY SOUTHBOUND TO 87TH STREET PARKWAY FOR ACCESS TO EMERGENCIES, BUT ALSO MONROVIA WRAPS UP TO THE EAST HERE TO QUIVIRA FOR ACCESS AS WELL.
SO MAINTAINING THOSE ACCESS POINTS IS KEY FOR THOSE EMERGENCY EFFICIENCIES.
NOW I HAVE A COUPLE OF SLIDES SHOWING THE ELEVATIONS SO YOU CAN GET A FEEL FOR THE ARCHITECTURE.
HERE ON BEHALF OF THE CITY, ELLEN FOSTER WITH FINKEL WILLIAMS TO TELL YOU MORE ABOUT THE DETAILS OF THESE BEAUTIFUL IMAGES AND THE SITE PLAN AFTER ME.
SO YOU'LL SEE HERE A LOT OF GLAZING.
IT'S SOMEWHAT REMINISCENT OF THE STYLE OF THE JUSTICE CENTER, BUT YET NOT THE JUSTICE CENTER BECAUSE IT IS FOR FIRE AND NOT FOR FIRE.
[00:15:01]
THERE ARE SOME NICE CURVED DOORS FOR WHERE THE FIRE TRUCKS WILL GO INTO THE BAY, THAT AREA THERE.AND THIS IS LOOKING OFF MONROVIA TOWARD THE BUILDING.
THIS IS THE PRELIMINARY LANDSCAPE PLAN.
WE WILL BE TRYING TO PRESERVE MATURE LANDSCAPING WHEREVER POSSIBLE, SPECIFICALLY ALONG THE NORTH END OF THE SITE SO THAT WE HAVE A GOOD ESTABLISHED BUFFER MAINTAINED FOR THOSE RESIDENTIAL AREAS.
AND THEN THERE'LL BE TYPICAL PLANTINGS THROUGHOUT THE SITE MEETING OUR CITY CODES, OBVIOUSLY, FOR LANDSCAPING.
AND WITH THAT, STAFF AND THE PLANNING COMMISSION BOTH RECOMMEND APPROVAL OF THIS PRELIMINARY PLAN FOR THE FIRE STATION 6 FOR AN OFFICE AND PUBLIC SAFETY SERVICE.
AND THAT CONCLUDES MY PRESENTATION.
LOOKS LIKE WE'RE GOING TO GO DIRECT TO ELLEN TO GO OVER THOSE DETAILS, PLEASE.
GOOD EVENING, MAYOR, COUNCIL, ELLEN FOSTER WITH FINKEL WILLIAMS ARCHITECTURE.
BEFORE YOU HERE AGAIN PRESENTING ON THE FUTURE HOME OF THE LENEXA FIRE DEPARTMENT AND IT HEADQUARTERS.
SO WE'VE SEEN A LOT OF THESE IMAGES BEFORE, AND WE'RE EXCITED TO BE AT THIS PHASE OF THE PROCESS WHERE WE'RE APPROVING THE PRELIMINARY PLAN, WHICH WILL BE KIND OF THE FIRST ADMINISTRATIVE PROCESS FOR US TO CONTINUE MOVING FORWARD.
THINGS THAT WE'VE TALKED ABOUT IN THE PAST AS MORE OF A REMINDER OF HOW WE'VE GOTTEN TO THE SITE PLAN THAT WE'VE ARRIVED AT.
SO WE'LL LOOK BACK AT THE GUIDING PRINCIPLES, THE SITE DRIVER, AND THEN THE PROPOSED MASTER PLAN AND SORT OF WHERE WE'RE AT IN THE DESIGN.
SO WE ALWAYS LIKE TO LOOK BACK ON SORT OF THESE FOUR GUIDING PRINCIPLES THAT WE ESTABLISHED A YEAR PLUS AGO WHEN WE WERE DOING THE STUDY FOR THE SITE AND WHETHER OR NOT WE'RE GOING TO DEVELOP NEW OR REUSE SOME OF THE EXISTING BUILDING, BUT ALWAYS TOP OF MIND IS WELL-BEING OF THE USERS, THE OCCUPANTS, THE FIREFIGHTERS, AND THE COMMUNITY THAT THEY SERVE.
RESILIENCY FOR THE BUILDING TO CREATE A FORWARD-THINKING FACILITY, PRIDE IN THE CITY THAT THEY'RE SERVING, AND THE OPERATIONS FIRST EMERGENCY RESPONSE IS PARAMOUNT TO THE SUCCESS OF THIS SITE.
SO AS STEPHANIE MENTIONED, A LOT OF WHAT DROVE SOME OF THE...
WE DEVELOPED DURING THIS MASTER PLANNING STUDY AND LOOKING BACK AT THOSE GUIDING PRINCIPLES WHERE WE RESPOND OFF OF THE SITE WAS ONE OF THE MAIN DRIVERS FOR LOCATING THE FIRE STATION ON THE EASTERN PORTION OF THE SITE FOR THAT QUICK ACCESS TO MONROVIA AND THE INTERSECTIONS NORTH AND SOUTH.
WE ALSO WERE BEING MINDFUL OF THE USE OF THIS SITE IN FUTURE DEVELOPMENT POTENTIALLY ON THE WEST SIDE.
SO, BEING SMART AND EFFICIENT ABOUT HOW WE WERE UTILIZING THE SPACE ON THE SITE.
SEPARATING APPARATUS AND VISITOR TRAFFIC WAS IMPORTANT, NOT ONLY FOR JUST WAY FINDING OF THE USERS COMING TO THIS BUILDING, BUT ALSO FOR THAT EMERGENCY.
WORKING AROUND EXISTING UTILITY CONSTRAINTS, SOMETHING THAT WASN'T MENTIONED IN STEPHANIE'S PRESENTATION IS THAT WE ARE PRESERVING, WE'RE RAISING THE BUILDING, BUT WE ARE PRESERVING THE CELL TOWER THAT'S ON THE SITE CURRENTLY.
SO THERE WILL BE ACCESS MAINTAINED TO THAT TOWER.
WE'RE CURRENTLY WORKING THROUGH KIND OF EXTRACTING EVERYTHING THAT'S ATTACHED TO THE CURRENT BUILDING SO THAT THAT TOWER WILL BE A STANDALONE FUNCTIONING ELEMENT SEPARATE FROM THE BUILDING.
AND THEN MAINTAINING OPERATIONS FOR AS LONG AS WE CAN OF THE EXISTING TEMPORARY APPARATUS BAY.
DURING CONSTRUCTION, THAT WILL REMAIN FOR AS LONG AS WE CAN UNTIL WE GET TO THE KIND OF VERY END OF THE PROJECT WHERE WE WILL REMOVE THAT AND OPERATE OUT OF IT.
AND THEN AS STEPHANIE MENTIONED, PRESERVING A LOT OF THE EXISTING MATURE TREES AND LANDSCAPE AROUND THE NORTH AND WEST SIDES, KIND OF KEEPING THAT BUFFER BETWEEN THE RESIDENTIAL AREAS AND OUR CIVIC.
WE'LL LOOK AT THE SITE MASTER PLAN.
THIS IMAGE I HADN'T SHOWN LAST TIME, BUT THIS IS THE FULL MASTER PLAN THAT WE'VE DEVELOPED WITH THE CITY AND FUTURE USES IN MIND.
THE INTENT IS THAT THIS SITE WILL, THE ENTIRE SITE WILL BE MAINTAINED UNDER CITY OWNERSHIP AND FUTURE DEVELOPMENT COULD OCCUR SHOULD THE CITY NEED ADDITIONAL OFFICE SPACE.
WE'VE LOCATED A TWO-STORY OFFICE BUILDING CONCEPTUALLY ON THE SOUTHWEST CORNER OF THE SITE.
AND THEN IF THERE ARE OTHER OPERATIONAL NEEDS FOR PUBLIC SAFETY OR OTHER CITY DEPARTMENTS.
[00:20:02]
HERE FOR OTHER OFFICE AND OR STORAGE USE.OUR DAY ONE SITE PLAN WILL LOOK LIKE THIS.
SO WE'RE APPROVING THE ENTIRE MASTER PLAN FOR PRELIMINARY DEVELOPMENT TONIGHT, BUT OUR DAY ONE SITE PLAN WHEN WE FINISH WITH OUR FIRE STATION PROJECT WILL LOOK LIKE THIS.
THAT CONNECTION TO LONG AND THIS PORTION OF THE PARKING LOT THAT EXISTS TODAY, AND WE'LL TIE INTO OUR NEW PARKING LOT.
AND THEN WE'LL ALSO BE MAINTAINING THIS.
THIS IS KIND OF THE OLD PD LOT THAT EXISTS BEHIND THE BUILDING TODAY.
THAT WILL REMAIN FOR CITY USE, AND THAT WILL ALSO BE WHAT GIVES ACCESS TO THAT CELL TOWER.
FUNCTIONS WILL BE ON THE SOUTHERN PORTION OF THE PLAN, KIND OF FACING 87TH AND MONROVIA.
THE APPARATUS BAYS ARE HERE IN THE MIDDLE.
THERE'S THREE DOUBLE-DEEP DRIVE-THROUGH BAYS.
AND THEN THE FIREFIGHTER OPERATIONS WILL BE ON THE NORTHERN PORTION OF THE SITE.
THAT'S KIND OF THE MORE PRIVATE, TUCKED INTO THAT EXISTING LANDSCAPE AREA.
AND THEN WE'VE SEEN SOME OF THESE IMAGES OF THE EXTERIOR DESIGN, BUT JUST TO REFRESH.
SORT OF OUR APPROACH TO THE CIVIC ARCHITECTURE, SERVING AS A BEACON OF READINESS, BUILT FOR ACTION, ROOTED IN THE COMMUNITY.
THIS IS SORT OF OUR LOOK AND FEEL, OUR MOOD BOARD, AS WE LIKE TO CALL IT.
VERY CIVIC AND TIMELESS MATERIALS OF BRICK AND LIMESTONE WITH WOOD ACCENTS.
AND THESE ARE THE RENDERINGS WILL BE FROM 87TH AND MONROVIA, KIND OF THE PUBLIC APPROACH.
AND SO OUR NEXT STEPS ARE PDP APPROVAL THIS EVENING.
WE'LL BE BACK BEFORE YOU IN AUGUST FOR THE FDP AND PLAT APPROVAL.
OUR GMP, WHICH IS OUR CONSTRUCTION CONTRACT, SHOULD BE BACK BEFORE YOU IN OCTOBER.
AND THEN WE WILL BE STARTING CONSTRUCTION IN NOVEMBER OF THIS YEAR.
PLANNING TO COMPLETE IN SPRING SUMMER OF 2028.
WITH THAT I WILL ENTERTAIN ANY QUESTIONS OR QUESTIONS FOR EITHER OF THE LADIES.
ELLEN, WILL YOU REMIND ME AGAIN WHY WE'RE NOT KEEPING THE FOUNTAIN? I WILL DEFER TO REMEMBER, IF THE GOVERNING BODY WOULD LIKE TO KEEP THE FOUNTAIN, WE CAN CERTAINLY KEEP THE FOUNTAIN.
AND I WOULD SUGGEST THAT PERHAPS WE HAVE A SEPARATE CONVERSATION ABOUT THAT, MAYBE AT AN UPCOMING COMMITTEE OF THE WHOLE MEETING, VERSUS WHEN THE ARCHITECTS REALLY HAVEN'T HAD A CHANCE TO SORT OF WRAP THEIR HEAD AROUND THAT BECAUSE THAT HAS NOT BEEN THE DIRECTION THAT WE'VE BEEN GOING SO FAR.
BUT THAT'S DEFINITELY A CONVERSATION THAT WE CAN HAVE, AND OBVIOUSLY IT IS THE GOVERNING BODY'S CHOICE WHETHER WE KEEP THE FOUNTAIN OR NOT.
IT IS YOUR COLLECTIVE WISH THAT WE DO SO, THEN WE CERTAINLY CAN AND WE CAN MOVE THAT DIRECTION.
BUT IT PROBABLY DESERVES A MORE FULL CONVERSATION AROUND WHETHER THAT WOULD TAKE THE PLACE OF ART AT THIS LOCATION AS WE'VE PLANNED ON, BECAUSE THAT'S SORT OF WHY WE WERE NOT INTENDING TO KEEP THE FOUNTAIN WAS BECAUSE THERE WAS A PUBLIC ART PIECE THAT WAS PLANNED HERE THAT WE FELT WOULD SORT OF SERVE THAT GATEWAY PURPOSE.
AND SO WE MAYBE NEED TO HAVE A CONVERSATION AROUND DO WE DO BOTH, DO WE DO ONE OR THE OTHER, WHAT DOES THAT LOOK LIKE, AND BE ABLE TO SHARE MORE INFORMATION AROUND THAT.
SO IF THAT'S SOMETHING THAT YOU ALL WOULD LIKE US TO DO, WE CAN BRING THAT CONVERSATION BACK.
I WOULD LIKE TO CONTINUE THAT CONVERSATION.
THE MORE THAT I'VE THOUGHT ABOUT IT, I'M PRETTY ADAMANT THAT I'D LIKE TO SEE THE FOUNTAIN STAY, AND SO I WOULD LIKE TO FURTHER DISCUSS THAT.
COUNCIL MEMBER, I THINK I'M GOING TO ASK FOR A COMMITTEE OF THE WHOLE MEETING, BECAUSE NOT ONLY JUST...
THE LOGISTICS OF KEEPING THE FOUNTAIN ITSELF, THE INFRASTRUCTURE FOR IT IS IN THE EXISTING BUILDING THAT WILL BE DEMOLISHED.
WE NEED TO UNDERSTAND THE RAMIFICATIONS AND COST OF THAT.
WE NEED TO UNDERSTAND WHAT RAMIFICATIONS AND COSTS WE PUT IN THE PUBLIC ART PRIORITY LIST AND HOW THAT COMPARES AND JUST THE LONG-TERM MAINTENANCE OF KEEPING A VERY OLD FOUNTAIN RENEWED.
WE'LL TABLE THIS AND HOPEFULLY GET IT BACK.
BEFORE THE GMP IS SET IN OCTOBER.
YOU ALL, THERE'LL BE A FINAL PLAN ON THIS.
WE WANT TO GET THAT RESOLVED BY FINAL PLAN ANYWAY, SO WE'LL TRY
[00:25:01]
TO DO THAT SOONER THAN LATER.ANYTHING OTHER ON THE PLOT OR PLAN? GO AHEAD, AVERY.
I KNOW THAT THIS IS A DESIGN DISCUSSION, SO I WOULDN'T EXPECT TO SEE A CONSTRUCTION GANTT CHART IN HERE.
BUT IN OVERLAYING WHERE I BELIEVE SORT OF THE NORTHEAST SECTION OF THE NEW BUILDING IS AND WHERE THE EXISTING FIRE STATION IS, IS THERE AN EXPECTATION OF, I MEAN, ULTIMATELY MY CONCERN IS MAKING SURE THAT WE'RE GETTING FULL SERVICE TO RESIDENTS.
IS THERE SOMETHING THAT SHOWS US THAT? YES, I HAVE A BACK POCKET SLIDE.
SO THIS IS A, THE SITE PLAN IS A LITTLE BIT OLDER, BUT THIS IS A CONSTRUCTION LOGISTICS PLAN THAT OUR CONSTRUCTION PARTNERS AT NEWKIRK NOVAK HAVE PUT TOGETHER.
SO THIS BOX RIGHT HERE INDICATES WHERE THE CURRENT...
TEMPORARY APPARATUS BAY IS SEATED.
SO THE CONSTRUCTION FENCE WILL ACTUALLY GO AROUND WHERE THIS BLUE LINE IS DURING THE MAJORITY OF THE CONSTRUCTION UNTIL THE VERY END, AND THEN THAT TEMPORARY APPARATUS BAY WILL HAVE TO COME DOWN, AND THERE WILL BE A SMALL GAP IN THAT LOCATION WHILE WE FINISH THIS PORTION OF THE SITE.
SO THE RED ARROWS ARE KIND OF INDICATING THAT THE APPARATUS CAN STILL COME IN AND OUT.
OF THE SITE AND BE HOUSED IN THIS LOCATION DURING THE MAJORITY OF THE CONSTRUCTION.
DOES THAT ANSWER YOUR QUESTION? NO, IT DOES.
IT DEFINITELY ANSWERS MY QUESTION.
AND CERTAINLY I DO APPRECIATE THAT IT WILL BE A COMMITTEE OF THE WHOLE WHEN WE DISCUSS FURTHER ON THE FOUNTAIN, BUT I ALSO WOULD SAY I WOULD LIKE TO SEE US KEEP IT IF AT ALL POSSIBLE.
ANYTHING ELSE? COURTNEY? I KNOW THAT I'VE BEEN HERE A LITTLE BIT LONGER THAN SOME OTHERS, AND BILL WILL ATTEST TO THIS AND JULIE, THAT WHEN WE DECIDED TO MAKE THE DECISIONS ABOUT WHAT WAS GOING TO HAPPEN ON OLD CITY HALL, THERE WAS A LOT OF RESIDENT FEEDBACK AND A LOT OF DISCUSSION AROUND WHAT THAT COULD LOOK LIKE.
AND ULTIMATELY, I JUST WANTED TO SAY THAT IT WAS SUPER IMPORTANT TO THE RESIDENTS AND TO US THAT WE KEPT THIS AS AN INSTITUTIONAL SPACE.
AND ALSO WANTED TO ACKNOWLEDGE THAT, YOU KNOW, AT THAT TIME, THE NORTHEAST...
CORRIDOR HAD LONGER RESPONSE TIMES.
THE INTERLOCAL WAS HITTING SOME OF OUR CALLS BEFORE WE WERE, AND IT WAS REALLY IMPORTANT THAT WE ADDRESSED MEETING THE NEEDS OF OUR CONSTITUENTS AND DOING THAT, AND THAT'S WHY THIS BECAME A PRIORITY.
I THINK THESE ARE BEAUTIFUL ELEVATIONS.
I THINK IT FITS WITH WHAT WE WERE TRYING TO DO.
I KNOW WE TALKED A LOT ABOUT THIS AT THE COMMITTEE OF THE WHOLE AND GAVE YOU OUR FEEDBACK.
AND I'M GLAD THAT WE COULD DO THAT.
I LOVE THAT WE'RE PRESERVING TREES.
YOU KNOW, I, TOO, WOULD LIKE TO HAVE A DISCUSSION ABOUT THIS FOUNTAIN.
I'M NOT CERTAIN I'M SOLD ON KEEPING THE OLD ONE, BUT, LIKE, MAYBE A FOUNTAIN, MAYBE NOT THAT FOUNTAIN, WOULD BE MY, YOU KNOW, BUT WE CAN TALK ABOUT THAT.
BUT THANK YOU FOR ALL YOUR HARD WORK.
JOHN-MICHAEL? JUST WANTED TO DOUBLE-CHECK.
I'D ECHO A LOT OF THE COMMENTS.
I ESPECIALLY LOVE THE KIND OF CLASSICALLY INSPIRED ARCHED DOORS FOR THE TRUCKS.
SO WE HAVE THIS INTERNAL STORAGE PROPOSED OFFICE AND WAREHOUSE BUILDING, AND I UNDERSTAND THAT THIS IS A LATER PHASE.
JUST WANTED TO MAKE SURE THAT WE DON'T SEE ANY CONCERNS WITH SITE CIRCULATION.
IF THERE WILL BE A LOT OF TRUCKS COMING AND GOING, I NOTICE THAT IT IS VERY DEEP INTO THE SITE, FOR LACK OF A BETTER WORD.
WERE THERE ANY CONCERNS RAISED DURING THE MASTER PLANNING PROCESS FOR THAT? NOT REALLY.
WE DID DO TRUCK TURNING STUDIES TO MAKE SURE THAT THERE CAN BE TRUCKS THAT CAN GET THROUGH AND BACK THERE, BUT I DON'T ANTICIPATE THIS USE BEING HEAVY TRUCK USAGE.
IT WOULD BE FOR THE CITY USE, NOT LIKE...
A WAREHOUSE THAT'S, YOU KNOW, SELLING GOODS.
AND WE DID MAKE SURE THAT THE SITE COULD BE NAVIGATED BY.
THE TRACK TURNING DIAGRAM GIVES ME A LOT OF COMFORT.
SO I APPRECIATE THAT Y'ALL WENT THROUGH THAT EFFORT.
I HAVE TO GIVE MY TYPICAL COMMENT OF, IT LOOKS LIKE A LOT OF PARKING AND A SEA OF CONCRETE.
BUT MAYBE ON THE FLIP SIDE OF THAT, YOU KNOW, I WAS EXCITED TO SEE THAT THERE'S THAT FIRE PIT AMENITY ON THE NORTHEAST CORNER.
THAT THERE IS THAT PROPOSED TURF THAT I CAN'T REMEMBER IF IT WAS AN EMAIL EXCHANGE OR IF IT WAS IN THE PACKET, THAT THAT'S REALLY INTENDED FOR WORKOUT SPACE.
WERE THERE OTHER THOUGHTS ABOUT STAFF AMENITIES? ESPECIALLY FOR I'M THINKING THE
[00:30:02]
IT DEPARTMENT.NOT THAT I DON'T THINK THEY WOULDN'T BE WELCOME AT THE FIRE PIT ON THE FIRE STATION SIDE OF THE BUILDING BUT WAS THERE ANYTHING IN THE THE MASTER PLANNING THAT I MISSED ON THAT FRONT? ON A SITE USAGE NOT NECESSARILY THEY ARE CERTAINLY THEY YOU KNOW EVERYBODY'S IN ALL OF OUR DESIGN MEETINGS AND THERE'S CERTAINLY BEEN WELCOME TO USE THE THE FITNESS ROOM ON THIS ON THE FIRE STATION SIDE BUT WE'VE ALSO BUILT IN AMENITIES TO THE INTERIOR OF THE BUILDING.
THERE'S A TRAINING ROOM SPACE THAT'S COLLABORATIVE BETWEEN BOTH FIRE ADMINISTRATIVE AND IT ADMINISTRATIVE GROUPS.
SO WE'VE GOT A LOT OF GREAT SHARED AMENITIES WITHIN THE BUILDING.
THAT GIVES ME A LOT OF COMFORT, TOO, SO I APPRECIATE THAT.
I THINK I'LL JUST CLOSE WITH ECHOING SOME OF THE COMMENTS.
I'VE HAD ONE RESIDENT EMAIL ME ABOUT THE FOUNTAIN, AND I HAVE NOT BEEN ABLE TO TELL IF THEY LIVE IN MY WARD, BUT I KNOW MOST OF US GOT THE SAME EMAIL.
AND THEN JUST WALKING AROUND MY NEIGHBORHOOD, I ASKED...
ONE OR TWO PEOPLE LIKE, HEY, WHAT DO YOU THINK ABOUT THE FOUNTAIN? THE CONSENSUS THAT I GOT IS THAT THERE'S NO CONSENSUS AND THAT THE IMPORTANT THING IS THAT WE'RE ABLE TO DISPLAY IN THE SAME WAY THAT WE DO WITH THE FOUNTAIN AND DYING THE WATER THE THINGS THAT ARE GOING ON IN LENEXA.
AND SO REALLY EXCITED THAT WE'RE GOING TO TAKE THIS TO A COMMITTEE OF THE WHOLE MEETING.
REALLY APPRECIATE THAT STAFF AND GOVERNING BODY WILL GET TO DO THAT.
AND I THINK THAT'S THE RIGHT MOVE.
ANYTHING ELSE? BILL? YEAH, THANK YOU, ELLEN, AND THANK YOU, TRAVIS AND TODD AND EVERYBODY THAT WORKED WITH YOU.
I KNOW YOU HAVE EVERYBODY IN THE ROOM MULTIPLE TIMES, BUT THIS IS REALLY NEEDED AND REALLY, REALLY NICE.
WITH THAT, I'LL ENTERTAIN A MOTION TO APPROVE THE PRELIMINARY PLAN AND PLAN FOR OFFICE AND PUBLIC SAFETY SERVICES DEVELOPMENT KNOWN AS LENEXA FIRE STATION 6, LOCATED AT 12300 WEST 87TH STREET PARKWAY.
MOTION BY CRAIG, SECOND BY MARK.
[10. Ordinance approving amendments to City Code Sections 4-1-B-11, 4-1-B-12, & 4-1-B-22 pertaining to the use regulations for medical or dental clinics and personal services within the Planned Neighborhood Office (NP-O) and Planned General Office (CP-O) Zoning Districts ]
THANK YOU, EVERYBODY.ITEM NUMBER 10 IS AN ORDINANCE APPROVING THE AMENDMENTS TO CITY CODE SECTIONS 4-1B11, 4-1B12.
AND 4-1B22 PERTAINING TO THE USE REGULATIONS FOR MEDICAL OR DENTAL CLINICS AND PERSONAL SERVICES WITHIN THE PLANNED NEIGHBORHOOD OFFICE, NPO, AND PLANNED GENERAL OFFICE, CPO, ZONING DISTRICT.
AGAIN, STEPHANIE SULLIVAN WITH COMMUNITY DEVELOPMENT.
AS MENTIONED, THIS IS AN AMENDMENT TO THE UNIFIED DEVELOPMENT CODE, AND I WON'T RECITE THE SECTIONS THAT YOU JUST CITED.
SO THANK YOU FOR THE INTRODUCTION THERE.
AND THIS HAS TO DO WITH MEDICAL AND DENTAL CLINIC.
AND PERSONAL SERVICES TYPE USES IN OUR NPO AND CPO ZONING.
FIRST OFF, YOU GUYS HEAR ME COME UP HERE QUITE OFTEN, IT SEEMS, ABOUT SPECIAL USE PERMITS.
AND ONE THING THAT WE'VE NOTICED OVER THE PAST SEVERAL YEARS IS THERE HAVE BEEN A LOT OF REQUESTS FOR SPECIAL USE PERMITS FOR MEDICAL CLINICS AND FOR PERSONAL SERVICES USES.
AND THOSE ALL HAPPEN TO BE IN OUR CPO AND NPO ZONING DISTRICTS, WHICH...
IF YOU THINK ABOUT IT, THOSE ARE RELATIVELY LOW-INTENSITY ZONING DISTRICTS AND LOW-INTENSITY TYPE BUSINESS USES.
MOST RECENTLY, WE HAD ONE IN HERE THAT WAS A PERSONAL SERVICES USE THAT WAS 100 SQUARE FEET WITHIN A MULTI-TENANT, IF YOU REMEMBER.
NOT A LOT'S HAPPENING IN THAT 100-SQUARE-FOOT SPACE, MOST LIKELY.
NOT A LOT OF PARKING ISSUES, YOU CAN FORESEE.
AND WE ACTUALLY LOOK AT EVERY SINGLE BUSINESS THAT'S PERMITTED IN ZONING DISTRICTS THROUGH A CERTIFICATE OF OCCUPANCY PROGRAM WHEN THEY COME IN TO ACTUALLY OCCUPY SPACES.
SO WE CHECK THINGS LIKE IS THIS BUSINESS ALLOWED HERE IN THE ZONING DISTRICT? DO THEY HAVE ENOUGH PARKING? THEY GIVE US A NUMBER OF EMPLOYEES.
WE LOOK AT THE PARKING SPACES.
IF THAT MATH DOESN'T MATH, WE TELL THEM, HEY, WE'VE GOT TO FIGURE OUT THE PARKING SITUATION HERE.
SO EVEN ASIDE FROM THE SPECIAL USE PERMIT PROCESS, WE'RE ALREADY DOING A LOT OF THOSE CHECKS FOR ANY BUSINESS THAT COMES TO LENEXA.
SO WHAT WE'RE PROPOSING IS THAT INSTEAD OF MAKING THESE SMALLER, LOW-INTENSITY BUSINESSES IN OUR LOWER-INTENSITY OFFICE-TYPE ZONING DISTRICTS COME IN FOR SPECIAL USE PERMITS, WE'RE PROPOSING TO CHANGE THE CODE AND ALLOW THOSE TO BE PERMITTED USES.
AGAIN, WE'RE GOING TO BE REVIEWING THE CERTIFICATE OF OCCUPANCY ANYWAY THROUGH THAT PROCESS BEFORE THEY'RE EVEN ALLOWED TO OCCUPY THE SPACE.
SO WE'LL BE CHECKING FOR SOME OF THOSE COMMON ISSUES LIKE PARKING.
WOULD YOU BELIEVE THAT OVER...
25% OF OUR SPECIAL USE PERMITS OVER THE LAST SIX YEARS HAVE BEEN JUST THESE USES IN JUST THOSE ZONING DISTRICTS.
WELL, THERE'S THE COLORED PIE CHART TO SHOW YOU.
IN THE RED THERE ARE THE 17 APPLICATIONS FOR THOSE USES.
OF THOSE 17, GUESS HOW MANY WE'VE APPROVED? ALL 17.
GUESS HOW MANY PEOPLE SPOKE AT PUBLIC HEARINGS?
[00:35:01]
PROBABLY.GUESS HOW MANY COMPLAINTS WE'VE HAD? PROBABLY NONE.
WE'VE FOUND THAT BASICALLY RIGHT NOW BY REQUIRING SPECIAL USE PERMITS FOR THOSE TYPES OF USES, WE'RE DELAYING BUSINESSES FROM OPENING, STARTING, EARNING REVENUE, GETTING IN THE CITY OF LENEXA, AND BEING ABLE TO REALLY THRIVE.
AND A LOT OF THOSE ARE SMALL BUSINESSES THAT WE'RE AFFECTING.
SO BY MAKING THIS CHANGE FROM REQUIRING A SPECIAL USE PERMIT.
AND THE MONTHS OF THAT PROCESS GOING TO A PLANNING COMMISSION MEETING, GOING TO A CITY COUNCIL MEETING, AND THEN FINALLY BEING ABLE TO GET THEIR TENANT FINISH PERMITS GOING AND THEN DO THE WORK.
I MEAN, IT JUST ADDS MONTHS TO THEIR ENTIRE PROCESS OF BEING ABLE TO GET INTO THE SPACE.
SO WHAT WE'RE PROPOSING IS THAT WE WILL CHANGE THAT CODE, WHICH YOU SEE ON THE SCREEN NOW.
YOU CAN SEE OUR TABLE HERE CURRENTLY HAS S'S IN IT, WHICH MEANS A SPECIAL USE PERMIT IS REQUIRED.
P'S MEAN THAT'S PERMITTED USE AND WE'RE PROPOSING THAT IN THAT AREA OF THE CODE AND IN THESE SECTIONS THAT CALL OUT WORD BY WORD THAT WE WOULD CHANGE THOSE INTO THE PERMITTED CATEGORY.
TO GIVE YOU AN IDEA OF NPO AND CPO, THOSE AREAS OF THE CITY ARE HIGHLIGHTED HERE.
NPO IS IN PURPLE AND CPO IS IN RED SO JUST LOOKING AT THE CITY AS A WHOLE IT'S VERY SMALL AREAS.
YOU KNOW, MORE FOCUSED ON OUR MAJOR CORRIDORS LIKE 87TH STREET, 95TH STREET, WHICH IS ALSO PRAIRIE STAR PARKWAY IN SOME AREAS, AND A LITTLE BIT ALONG FLUM AS WELL.
SO IT'S NOT REALLY A PREVALENT ZONING AREA WITHIN THE CITY.
AND AGAIN, IT'S MORE LOW-INTENSITY TYPE COMMERCIAL.
OUR ACTIVE SPECIAL USE PERMITS ARE ACTUALLY ALL IN THIS PARTICULAR AREA HERE, BASICALLY BETWEEN 435 AND QUIVIRA.
SO THESE ARE JUST THE PROPERTIES HIGHLIGHTED.
SOME PROPERTIES HAVE MULTIPLE SPECIAL USE PERMITS IN EACH BUILDING.
SO AGAIN, THIS WOULD TAKE AWAY A LOT OF BURDEN FROM OUR BUSINESS OWNERS, AS WELL AS THE STAFF TIME IT TAKES FOR US TO BRING IT THROUGH THE PROCESS, TO BRING IT ONTO A PLANNING COMMISSION AGENDA, TO BRING IT ONTO YOUR CITY COUNCIL AGENDAS.
SO THIS WOULD BE THE SIMPLE TYPE AMENDMENT WE'RE LOOKING AT.
AGAIN, THERE'D BE A COUPLE OF PLACES ELSEWHERE IN THE CODE WHERE WE JUST SWITCH IT FROM THE LIST OF SPECIAL USES TO PERMITTED, BUT ESSENTIALLY IT LOOKS LIKE THIS, WHERE THE S'S CHANGE TO P'S, AND IT MAKES THAT PROCESS MUCH MORE QUICK AND PAINLESS FOR EVERYONE.
I'VE KIND OF ALREADY TALKED THROUGH SOME OF THESE BENEFITS, BUT I'LL GO ONCE MORE.
IT ELIMINATES AN UNNECESSARY REGULATORY STEP.
IN OUR PROFESSIONAL OPINION AS PLANNING STAFF, WE BELIEVE THAT...
AGAIN, THE IMPACT OF A LOT OF THESE PROPOSED USES IS NEGLIGIBLE.
IT'S ALREADY BEING REVIEWED FOR SOME OF THOSE MAIN CERTIFICATE OF OCCUPANCY TYPE CONCERNS, AND WE DON'T BELIEVE IT MERITS THE SCRUTINY OF A SPECIAL USE PERMIT.
NOW, THERE'S PLENTY OF OTHER THINGS THAT DO NEED SPECIAL USE PERMITS, AND WE WILL KEEP BRINGING THOSE TO YOU, BUT MEDICAL, DENTAL CLINICS, AND PERSONAL SERVICES USES WE DON'T THINK HAVE, YOU KNOW, WITH ALL OF OUR PAST CASE HISTORY JUST OVER THE LAST SIX YEARS, HAVE NOT CAUSED ANY ISSUE.
THERE ARE 14 ACTIVE SPECIAL USE PERMIT HOLDERS RIGHT NOW THAT WILL HAVE TO COME BACK FOR RENEWALS ANYWHERE FROM ONE TO THREE TO FIVE YEARS FROM NOW.
AND IF WE APPROVE THIS, I GET TO SEND THEM AN EMAIL SAYING, GUESS WHAT? YOU DON'T HAVE TO COME BACK.
SO THAT WOULD MAKE FOR A LOT OF HAPPY BUSINESS OWNERS.
AND LIKE I MENTIONED, THIS REDUCES THE TIME AND RESOURCES NEEDED BY STAFF AND A REDUCTION IN THE PUBLIC HEARINGS AND PRESENTATIONS YOU HAVE TO LISTEN TO FROM ME JUST LIKE THAT.
THE PLANNING COMMISSION WAS HAPPY TO RECOMMEND APPROVAL ON THIS AMENDMENT AS WELL, AND STAFF ALSO RECOMMENDS APPROVAL.
SO THAT CONCLUDES MY PRESENTATION.
THANK YOU FOR YOUR CONSIDERATION.
STEPHANIE, I WILL START TONIGHT.
BECAUSE OF ALL OF THOSE APPLICATIONS, I'VE PROBABLY BEEN TO MOST OF THE RIBBON CUTTINGS WITH ASSISTANCE FROM OUR COUNCIL PRESIDENTS.
THEY ARE CHIROPRACTIC CLINICS, MED SPAS, SMALL BUSINESSES THAT WE WANT TO BE.
A FRIENDLY COMMUNITY TO GET THOSE BUSINESSES GOING, SO I APPRECIATE YOU BRINGING THIS TO US.
THE QUESTION THAT I WOULD HAVE IS SPECIFICALLY ABOUT DENTAL, AND I APOLOGIZE IF THIS WAS IN THE PACKET.
THOSE CAN GROW A LITTLE BIT LARGER IN SOME CASES WHERE YOU MIGHT HAVE 10 TO 20 OPERATORIES.
AND THE SAFEGUARD I THINK THAT YOU WOULD HAVE FOR THAT IS BY CHECKING PARKING AGAINST THE NUMBER OF PATIENTS THAT CAN BE SEEN AT ONE TIME AND THE AMOUNT OF PARKING THAT WOULD BE AVAILABLE.
CAN YOU SPEAK TO THAT JUST BRIEFLY? YES.
SO AS I MENTIONED, THERE IS STILL THAT CERTIFICATE OF OCCUPANCY REVIEW PROCESS.
MULTIPLE DIFFERENT EMPLOYEES IN DIFFERENT DEPARTMENTS AND DIVISIONS, PLANNING, FIRE, BUILDING.
[00:40:01]
LOOK AT EACH ONE OF THOSE BUSINESSES THAT COME TO THE CITY AND WE ALL MAKE SURE THEY'RE MEETING ALL OF OUR REQUIREMENTS.ONE OF THE THINGS THAT PLANNING LOOKS AT IS ON THEIR LITTLE FORM, DID THEY WRITE HOW MANY NUMBERS OF EMPLOYEES THEY HAVE AT ANY GIVEN TIME? AND DO WE SEE, IS THAT MORE OR LESS THAN THE PARKING THAT THEY SAID THAT THEY HAVE ON SITE? WE ALSO LOOK AT THE AERIALS AND VERIFY THE PARKING TOO BECAUSE THE NUMBERS DON'T ALWAYS ALIGN.
AND THEN WE ALSO LOOK AT THE OTHER TENANTS IN THE BUILDING.
IS THIS A MULTI-TENANT SPACE WHERE THEY SAY THEY HAVE...
15 EMPLOYEES AND THERE'S 50 SPACES IN THE PARKING LOT, WELL, MAYBE THEY'RE RIGHT NEXT TO JACK STACK OR SOMETHING, AND JACK STACK'S GOING TO USE ALL 50 OF THOSE SPACES, AND THERE'S A CONCERN THERE.
WE MAKE SURE THAT THE MIX OF TENANTS AND THE HOURS OF OPERATION ALL ALIGN AND EVERYONE MEETS PARKING REQUIREMENTS.
IF THEY DO NOT MEET PARKING REQUIREMENTS, WE LOOK TO HAVE THEM DO A SHARED PARKING AGREEMENT AND HAVE THAT FORMALIZED LOCATION OR FIND A WAY TO ADD PARKING.
ANY OTHER QUESTIONS FOR STEPHANIE? MARK? SOMETHING CAME TO MIND.
THERE WAS ONE SLIDE THAT YOU HAD ONE, IT WAS THE PIE CHART, THERE WAS ONE ENTERTAINMENT IN OUTDOOR SLASH INDOOR.
SO WHEN, AND THIS MAY NOT, I JUST RECALL IN THE PAST BEFORE MY TIME, I DON'T KNOW HOW MANY OTHER PEOPLE WERE INVOLVED.
BUT THE GRINDERS ON 103RD AND FLUM, THERE'S A LOT OF UPROAR ABOUT OUTDOOR ENTERTAINMENT.
HOW DOES THAT FIT WITH THIS? IS IT A TOTAL DIFFERENT ZONING? BECAUSE THERE'S THIS ONE THAT IS OUTDOOR, INDOOR, AND I THINK CASEY BEER IS GOING TO HAVE AN OUTDOOR STAGE, AND I DON'T KNOW IF IT'S PLANNED FOR BANDS OR WHATEVER, BUT I WAS JUST KIND OF CURIOUS OF HOW THIS AFFECTS.
LIKE A PAST ISSUE WITH GRINDERS VERSUS A KC BEER VERSUS A FUTURE.
SO THIS PARTICULAR AMENDMENT HAS NOTHING TO DO WITH ENTERTAINMENT INDOOR OR OUTDOOR.
THIS IS JUST PERTAINING TO THE USES THAT ARE CLASSIFIED AS MEDICAL DENTAL CLINICS AND PERSONAL SERVICES.
SO WE'RE NOT CHANGING THE REQUIREMENTS FOR WHAT REQUIRES A SPECIAL USE PERMIT AS IT RELATES TO AN ENTERTAINMENT.
THAT'S GOING TO STAY THE SAME.
AND WE WOULD STILL REQUIRE SPECIAL USE PERMITS FOR DAYCARES, ALL THE THINGS THAT WE NORMALLY DO OTHER THAN JUST THIS CATEGORY.
THE ONLY THINGS THAT ARE CHANGING ARE IN THIS TABLE HERE FOR THESE TWO USES THAT YOU SEE IN THE TWO ROWS, THE MEDICAL, DENTAL, CLINIC, AND THE PERSONAL SERVICES.
THE COLORED PIE CHART HERE IS JUST TO GIVE YOU AN IDEA OF THE BREAKDOWN OF THE DIFFERENT TYPES OF SPECIAL USE PERMIT REQUESTS WE'VE HAD SINCE 2020.
SO AS YOU CAN SEE, THE VAST MAJORITY IN THE RED THERE IS WHAT WE'RE TALKING ABOUT TONIGHT.
SO THAT'S THE KIND OF REDUCTION WE WOULD HOPE TO SEE MOVING FORWARD.
BUT YOU WILL STILL SEE SPECIAL USE PERMITS FOR THESE CATEGORIES THAT WE'VE HAD PREVIOUS REQUESTS FOR AND OTHERS THAT ARE LESS COMMON.
OTHER QUESTIONS FOR STEPHANIE? AVERY? FORGIVE ME AGAIN IF THIS IS IN THE PACKET OR IT'S CLEAR, BUT AGAIN, A MEDICAL CLINIC.
BE EMERGENCY SERVICES, RIGHT? SO NO ONE'S GOING TO BE HAVING AMBULANCES COME INTO THOSE AREAS? CORRECT.
IF YOU SEE THE DEFINITION HERE ON THE TOP OF THE SCREEN, IT IS AN ESTABLISHMENT WHERE PATIENTS WHO ARE NOT LODGED OVERNIGHT EXCEPT FOR OBSERVATION OR EMERGENCY TREATMENT ARE ADMITTED FOR EXAMINATION HEALTH OR HEALTH BUILDING SERVICES.
WE DO HAVE A SEPARATE DEFINITION FOR THE TERM HOSPITAL.
SO WE MAKE A DETERMINATION BASED ON THE BUSINESS'S NARRATIVE OF WHAT THEIR SERVICES ARE TO DETERMINE WHETHER IT FALLS INTO A HOSPITAL OR MEDICAL DENTAL CLINIC.
WE ALSO HAVE SOMETHING CALLED MEDICAL LAB.
THERE'S A FEW DIFFERENT BREAKDOWNS OF THE DIFFERENT USES, BUT THESE ARE SMALLER, LOWER INTENSITY TYPICALLY.
WOULDN'T INCLUDE LIKE AN URGENT.
ANY OTHER QUESTIONS? OKAY, SECOND ORDINANCE APPROVING AMENDMENTS TO THE CITY CODE SECTIONS THAT I READ OFF PREVIOUSLY PERTAINING TO THE REGULATIONS FOR MEDICAL OR DENTAL CLINICS AND PERSONAL SERVICES WITHIN NPO AND CPO.
MOTION BY AVERY, SECOND BY CHELSEA.
ITEM 11, WHICH WAS CONSIDERATION OF ACTION ITEMS REGARDING THE BROADWAY PLAZA RETAIL CENTER, HAS BEEN WITHDRAWN
[12. Consideration of action items concerning the structure at 12601 W. 95th Street (commonly known as the Radisson Hotel) ]
BY THE APPLICANT.WE'LL MOVE ON TO ITEM 12, WHICH HAS MULTIPLE ACTIONS HERE.
ITEM 12 IS CONSIDERATION OF ACTION ITEMS REGARDING THE
[00:45:02]
BROADWAY PLAZA RETAIL CENTER.OF ACTION ITEMS CONCERNING THE STRUCTURE AT 12601 WEST 95TH STREET, COMMONLY KNOWN AS THE RADISSON HOTEL.
ITEM 12A IS A PUBLIC HEARING TO APPEAR AND SHOW CAUSE WHY THE STRUCTURE AT THAT ADDRESS SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR REMOVED AS AN UNSAFE OR DANGEROUS STRUCTURE.
ITEM 12B IS A RESOLUTION FINDING THE RADISSON HOTEL TO BE AN UNSAFE AND DANGEROUS AND DIRECTING SUCH STRUCTURE TO BE REPAIRED OR REMOVED.
I WILL NOW OPEN THE PUBLIC HEARING.
STAFF, THE PROPERTY OWNER, AND THE LIEN HOLDER WILL HAVE UP TO 30 MINUTES TO MAKE THEIR PRESENTATIONS.
WE WILL HAVE A NUMBER OF PRESENTATIONS, JUST FOR YOUR ALL'S KNOWLEDGE, WHILE THE PUBLIC HEARING IS OPEN, AND THEN WE'LL TAKE QUESTIONS AT THE END.
GOOD EVENING MAYOR SAYERS AND COUNCIL MEMBERS.
I DON'T THINK I'VE HAD THE PLEASURE OF BEING BEFORE YOU BEFORE TODAY.
I'M AN ASSISTANT CITY ATTORNEY IN OUR CITY'S LEGAL DEPARTMENT.
THIS ITEM IS A PUBLIC HEARING JUST LIKE THE MAYOR TALKED I WILL WON'T BELABOR THAT.
WE ALSO HAVE PRESIDENT ANGEL WHITAKER WHO'S OUR COMMUNITY STANDARDS SUPERVISOR, EVAN WEAVER WHO IS OUR BUILDING PROJECT SPECIALIST AND THEN OBVIOUSLY, SCOTT MCCULLOUGH FROM COMMUNITY DEVELOPMENT.
I'M GOING TO GIVE THE PRESENTATION, BUT WE'LL ALL BE AVAILABLE FOR QUESTIONS AT THE END OF MY PRESENTATION, SO YOU'LL GET A CHANCE TO ASK QUESTIONS OF ANY OF US.
I'M NOT GOING TO GET INTO THE WEEDS OF THE TECHNICAL STUFF.
THAT WOULD BE FOR ONE OF THEM.
YOU'RE ALSO GOING TO HEAR FROM PAUL SNYDER, WHO REPRESENTS LENEXA VISION AND KANSAS HOTELS, WHO'S THE PROPERTY OWNER, AS WELL AS JASON LIKER, WHO REPRESENTS THE LIEN HOLDER OF THE PROPERTY AS WELL.
SO YOU'LL HEAR FROM THEM IN ADDITION TO ME.
JUST TO KIND OF WALK YOU THROUGH WHAT MY PRESENTATION IS GOING TO LOOK LIKE, WE'RE GOING TO START FIRST WITH THE GOVERNING BODY'S ROLE IN THIS PROCESS SINCE YOU'VE SEEN FIRE DAMAGED HOMES BEFORE BUT NOT NECESSARILY A PROPERTY OF THIS MAGNITUDE SO WE'LL WALK THROUGH YOUR ROLE.
WE'LL GO THROUGH A TIMELINE OF THE ENFORCEMENT ACTIONS, THEN I'M GOING TO SHOW YOU A WHOLE BUNCH OF PICTURES OF WHAT THIS PROPERTY LOOKED LIKE AS OF MARCH 31ST WHICH RESULTED IN A NOTICE ON ON APRIL 3RD.
THE CITY STAFF WENT BACK OUT ON APRIL 22ND, SO YOU'LL SEE PICTURES FROM THAT STOP WORK ORDER AS WELL.
THEN WE'LL GET INTO THE NITTY-GRITTY OF WHAT IS A DANGEROUS STRUCTURE AS DEFINED BY CITY CODE, THE CITY'S RECOMMENDATION AND A PROPOSED TIMELINE, AND THEN WE'LL ALL ANSWER ANY QUESTIONS THAT YOU MAY HAVE.
ONE OTHER THING I WILL NOTE AT THIS STAGE IS THERE'S BEEN A COUPLE REQUESTS FOR CONTINUANCES OF THIS ITEM.
THE CITY'S RECOMMENDATION IS THAT IT'S...
THE STAFF'S RECOMMENDATION IS THAT WE PROCEED TODAY.
YOUR DETERMINATION IS VERY LIMITED.
YOU'RE JUST DETERMINING WHETHER THE STRUCTURE IS UNSAFE OR DANGEROUS UNDER LENEXA CITY CODE.
IF YOU FIND THAT IT IS UNSAFE OR DANGEROUS, YOU'RE GOING TO DIRECT THAT THE STRUCTURE BE REPAIRED OR REMOVED.
YOU DON'T HAVE TO PICK REPAIRED OR REMOVED.
IT'S JUST REPAIRED OR REMOVED, AND THEN THE PREMISE IS MADE SAFE AND SECURE.
IT WILL STILL BE UP TO THE PROPERTY OWNER.
TO DETERMINE HOW THEY MOVE FORWARD, WHETHER THEY REPAIR OR REMOVE.
SO THAT'S NOT YOUR CONSIDERATION.
YOURS IS REALLY FOCUSED ON IS THIS AN UNSAFE OR DANGEROUS STRUCTURE ACCORDING TO CITY CODE.
IF YOU FIND THAT IT IS, YOU WILL FIX A REASONABLE TIME TO REPAIR OR REMOVE.
WE WILL TALK ABOUT THAT AT THE END A LITTLE BIT TOO AND WHAT THAT TIMELINE LOOKS LIKE, THE RECOMMENDATIONS.
IT WAS ALL IN THE PACKET AS WELL.
YOU'LL GIVE THE ULTIMATE DEADLINES.
BUT THEN DELEGATE THAT AUTHORITY TO SCOTT MCCULLOUGH AS THE COMMUNITY DEVELOPMENT DIRECTOR TO SET SOME INTERIM TIMELINES AND DEADLINES THAT NEED TO BE MET SO THAT THIS PROJECT CAN KEEP MOVING ALONG RATHER THAN IT COMING BACK BEFORE THE GOVERNING BODY.
SO THIS IS THE PROPERTY THAT WE ARE TALKING ABOUT.
THIS IS JUST FROM A COUPLE OF DAYS AGO.
I KNOW IN THE PACKET MEMO WE REFERENCED THE SECURITY FENCING, SO THAT'S WHAT IT LOOKS LIKE OUT AT THE PROPERTY RIGHT NOW.
AN AERIAL VIEW OF WHERE THIS IS LOCATED.
I'M SURE YOU ARE ALL AWARE IT'S IN A PRETTY VISIBLE SPOT RIGHT OFF OF I-35 AND AT 95TH STREET.
AND IT IS A PRETTY LARGE HOTEL.
THIS IS JUST A FLOOR PLAN OF THE INTERIOR IF YOU'VE NOT BEEN
[00:50:02]
IN HERE BEFORE.WE'RE NOT BEEN IN A LONG TIME.
THIS IS WHAT IT LOOKS LIKE THE FLOOR PLAN LOOKS LIKE FROM THE INSIDE.
THE TIMELINE THERE'S A LOT OF DATES ON HERE AND I'M NOT GOING TO GO THROUGH ALL OF THESE.
THE BLACK ARE ALL OF THE INSPECTIONS THAT CITY STAFF DID AS PART OF THIS CURRENT ENFORCEMENT ACTION.
YOU CAN SEE THERE'S A LOT OF THEM ON THERE.
THE RED DOTS ARE ALL OF THE TIMES THAT A NOTICE WAS PROVIDED TO THE PROPERTY OWNER ABOUT VIOLATIONS OCCURRING AT THAT WERE OCCURRING AT THE PROPERTY.
THE BLUE ONE UP THERE IS A CHANGE IN OCCUPANCY.
THAT'S WHEN THE BUILDING WAS ACTUALLY CONDEMNED UNDER CITY CODE BY CITY STAFF.
AND THEN THERE WERE A COUPLE MORE NOTICES THAT WENT OUT AFTER THAT.
THE POST-CONDEMNATION REPORT KNOWS OUTSTANDING VIOLATIONS.
ONCE THE PROPERTY WAS CLEARED AND CONDEMNED, CITY STAFF WENT BACK IN AND DID A THOROUGH INSPECTION AND SENT A COMPREHENSIVE LIST OF ALL THE OUTSTANDING VIOLATIONS.
AND THAT'S WHAT WE'LL GO THROUGH TONIGHT.
I HAVE EACH ONE BROKEN DOWN WITH.
ORIGINALLY, AFTER CONDEMNATION, THE BUILDING OWNERS HAD ACCESS MONDAY THROUGH FRIDAY, SEVEN TO SEVEN, TO TRY AND MAKE SOME OF THOSE REPAIRS.
AND THEN ULTIMATELY, THE CITY WENT BACK AND DID ANOTHER INSPECTION.
WE HAD TO DO A STOP WORK ORDER.
SO WORK HAS STOPPED SINCE THAT TIME.
AND WE'LL TALK ABOUT THAT AS WE GO THROUGH THOSE PROCESSES.
SO THE FIRST VIOLATION IN THAT APRIL 3RD NOTICE OF VIOLATION WAS RELATED TO THE PERVASIVE MOLD AT THE PROPERTY.
YOU CAN SEE HERE ON THE SCREEN IN THIS CLOSET RIGHT HERE UNDER THE THE PLUMBING, UNDER THE BATHROOM SINK, AND THEN THIS TOP RIGHT AREA THIS IS ALL IN THE ROOM BEHIND A WORKOUT ROOM.
THESE ARE JUST A COUPLE REPRESENTATIVE PICTURES OF WHAT THEY FOUND.
I THINK THE ONE THAT'S COVERED WAS, I BELIEVE THAT WAS A MARCH DATE AS WELL.
ONE OF THE PROBLEMS THAT CITY STAFF HAD EVERY TIME THEY WENT BACK OUT FOR AN INSPECTION, THERE'D BE MOLD IN A NEW SPOT.
AND ONE OF THE THINGS THAT WE REQUESTED IN THIS NOTICE OF VIOLATION IS CERTAIN TECHNICAL REPORTS ANALYZING WHY WE KEPT HAVING THESE SAME ISSUES IN THIS BUILDING.
AND THAT WAS REFERENCED IN THE PACKET MEMO AS WELL.
WE REALLY WANT TO UNDERSTAND WHAT THE PROBLEMS ARE WITH THE PROPERTY SO THAT IT CAN BE REPAIRED CORRECTLY RATHER THAN LET'S JUST TEAR OUT SOME DRYWALL, PUT NEW DRYWALL IN, AND THEN WE KEEP HAVING THE SAME PROBLEMS. WE'RE BACK HERE AGAIN.
THAT'S ALSO WHY WE WENT THROUGH THIS PROCESS TO ENCOURAGE SOME MAJOR ACTION ON THIS PROPERTY SO WE WOULDN'T BE BACK HERE IN A COUPLE OF YEARS.
WE'LL HAVE SOME MORE PICTURES OF THE MOLD AS PART OF THE STOP ORDER AS WELL.
ANOTHER VIOLATION WAS A BOILER THAT WAS INSTALLED WITHOUT A PERMIT OR INSPECTION.
YOU CAN SEE THIS AREA WHERE THERE'S TAPE.
AGAIN, NOT A BOILER EXPERT, BUT MY UNDERSTANDING IS THERE'S NOT SUPPOSED TO BE A GAP IN HOW THAT WAS INSTALLED.
SO INSTEAD OF PUTTING IT TOGETHER, IT WAS TAPED, THE GAP WAS TAPED AROUND.
A BOILER INSPECTOR HAS GONE OUT FROM THE STATE, THAT'S A STATE INSPECTION.
HAS GONE OUT AND FAILED THE PROPERTY OR FAILED THE BOILER.
THE LAST I HAD HEARD, THEY HAD GIVEN THEM THROUGH THE END OF THE YEAR TO RE-INSPECT AND GET THE PROBLEMS CORRECTED.
BUT THE EQUIPMENT DID NOT PASS INSPECTION.
THE NEXT VIOLATION IS FOR THE FLOORING IN THE HOTEL LOBBY.
THIS PICTURE ON THE LEFT IS THE PRE-PICTURE, AND YOU CAN SEE HOW IT IS.
THE PICTURE ON THE RIGHT IS WHEN THEY WENT BACK OUT.
MARCH 25TH WAS THE DAY OF CONDEMNATION.
YOU CAN SEE THE ISSUES WITH THE CARPETING.
I WILL ALSO HAVE SOME MORE PICTURES OF THE FLOORING.
IF YOU'RE NOT FAMILIAR WITH THIS PROPERTY, THERE WAS A SUNKEN PUTT-PUTT GOLF COURSE IN THIS LOBBY AREA, AND SO THEY JUST FLOORED KIND OF RIGHT OVER THE TOP OF IT.
SO THERE'S SOME AREAS IN THE LOBBY THAT ARE SOFT TO WALK ON, BUT THERE'S ALSO A PRETTY GOOD DROP IN THERE BECAUSE OF THE LOGISTICS OF HOW IT WAS ORIGINALLY.
THE NEXT VIOLATION IS CEILING AREAS, WALLS, AND TRIM THROUGHOUT THAT HAVE VISIBLE DAMAGE, SOME CAUSED BY WATER.
YOU CAN SEE IN THE TWO BOTTOM PICTURES THE FLOORING.
THERE'S A LOT OF AREAS IN THIS HOTEL THAT RECENTLY...
IN THE LAST YEAR OR TWO HAVE HAD NEW FLOORING AND HAS ALREADY HAD NEW WATER DAMAGE THAT'S CAUSING THE BOTTOM RIGHT ONE YOU CAN SEE WHERE IT'S THE TILE IS SEPARATING CLEARLY THE CEILING IS NOT IN GOOD SHAPE
[00:55:01]
CERTAINLY IN THIS PICTURE THERE'S SEVERAL AREAS THROUGHOUT THE HOTEL THAT IT IS THE SAME.AND THEN THAT SPOT UP ON, IT CERTAINLY LOOKS LIKE MOLD TO ME, UP THERE ON THAT CEILING TILE AS WELL.
THE UPPER RIGHT IS IN A GUEST WING, SO THAT WAS AN OCCUPIED AREA.
THERE ARE CERTAIN AREAS OF THIS BUILDING THAT WERE NOT OCCUPIED OR OCCUPIED.
I'LL TRY AND DIFFERENTIATE THOSE AS MUCH AS I CAN.
THAT TOP PICTURE WAS IN AN OCCUPIED GUEST AREA.
THE HVAC SYSTEM IN SEVERAL GUEST ROOMS DOES NOT WORK AS INTENDED.
YOU CAN ALSO SEE IF YOU GO ONTO THEIR GOOGLE REVIEWS THAT THERE WAS A THAT WAS A PERVASIVE COMPLAINT THAT THE HEATING AND COOLING DIDN'T WORK AS APPROPRIATE.
CERTAINLY IN THIS PICTURE THE RIGHT YOU CAN SEE THERE'S A LOT OF RUST AND DETERIORATION ON THAT HVAC VENT COVER.
SO WHAT YOU'RE LOOKING AT IS THE VENT COVER THAT CAME OFF OF THAT COVERING THAT AREA THAT HVAC UNIT.
THE NEXT VIOLATION IS AN ELEVATOR THAT IS OUT OF SERVICE.
THERE'S TWO ELEVATORS ONE HAS BEEN OUT OF SERVICE FOR QUITE SOME TIME.
THERE'S HYDRAULIC FLUID LEAKING AT SEVERAL POINTS IN BOTH SYSTEMS. IT'S KIND OF HARD TO SEE ON THIS PICTURE BUT THIS ONE ON THE RIGHT YOU CAN SEE IT'S KIND OF WET AROUND HERE AND THAT'S THAT HYDRAULIC FLUID THAT IS LEAKING.
WHEN WE HAD TALKED TO THE PROPERTY OWNERS, THEY WERE WAITING FOR A PART TO GET THE ELEVATOR BACK WORKING, BUT THAT HAS NOT BEEN FIXED AT THIS POINT.
THE NEXT VIOLATION IS RELATED TO PLUMBING FIXTURES AND DISREPAIR.
THE PICTURE ON THE FAR LEFT OVER HERE WHERE YOU CAN SEE IT SEPARATED FROM THE WALL, THAT WAS ACTUALLY IN A GUEST ROOM THAT WAS SUPPOSED TO BE READY FOR INSPECTION AND TO TAKE OFF OF THE ROOMS LIST THAT OUR ROOMS ARE IN DISREPAIR.
THIS MIDDLE PICTURE IS FROM OCTOBER BUT YOU CAN SEE WHERE THE WATER IS NOT COMING OUT OF THE RIGHT SPOT AND THEN THIS UPPER RIGHT AREA WHERE THERE'S MOLD AND SOME DETERIORATION IN THERE.
WE BELIEVE THAT THAT TOP RIGHT PICTURE IS FROM THE 700-800 WING WHICH HAD NEARBY ROOMS AVAILABLE FOR NOT THIS ONE SPECIFICALLY BECAUSE IT'S TORN OUT BUT ROOMS NEARBY.
ANOTHER ISSUE IS THE ELECTRICAL IN THE BUILDING.
THIS PICTURE ON THE LEFT IS FROM ONE OF THE INSPECTIONS IN OCTOBER AND THAT IS SMOKE COMING OUT OF THE OUTLET.
YOU CAN SEE AREAS LIKE THIS IN THE MIDDLE WHERE IT'S COMING OUT.
AND THEN ALL OF THE RUST AND DETERIORATION IN THIS PANEL RIGHT HERE.
WITH ALL OF THESE VIOLATIONS, THESE ARE NOT THE ONLY PLACE THAT THESE VIOLATIONS OCCUR.
WE TRY TO JUST GIVE REPRESENTATIVE EXAMPLES, SO THAT'S NOT THE ONLY OUTLET THAT IS JUST SEPARATED FROM THE WALL.
IT'S JUST SUPPOSED TO BE REPRESENTATIVE OF SOME OF THE ISSUES THAT WE'VE SEEN.
I ALSO HAVE MORE PICTURES OF ISSUES WITH PANELS THAT YOU'LL SEE IN A LITTLE BIT.
THE NEXT VIOLATION IS RELATED TO THE ROOF AND DISREPAIR.
THE TOP LEFT PICTURE IS VINYL THAT HAS BEEN TAPED OVER THE TOP OF A SKYLIGHT TO REPAIR IT.
THESE TWO PICTURES ON THE RIGHT ARE RELATED TO SOME OF THE REPAIRS.
YOU CAN SEE THAT THEY'RE NOT HOLDING, THEY'RE NOT STAYING.
AND THEN, AGAIN, THIS IS JUST ONE REPRESENTATIVE PICTURE, BUT YOU CAN SEE ALL OF THE WATER DAMAGE ON THE INSIDE OF THE BUILDING.
RELATED TO THE ROOF ISSUES, SOMETHING ELSE I'LL POINT OUT THAT'S KIND OF HARD TO SEE IS RIGHT HERE, THAT'S A DRAIN COVER THAT'S SUPPOSED TO BE ON THAT HOLE THAT KEEPS DEBRIS AND THINGS FROM COMING INTO THE ROOF.
AND THERE'S MULTIPLE LOCATIONS WHERE THAT IS NOT IN THE RIGHT PLACE OR REMOVED.
HERE'S ANOTHER PICTURE OF THE ROOF.
AND THE ISSUES WITH THIS REPAIR IN THE ROOM.
THE NEXT VIOLATION IS RELATED TO SOME ROOMS THAT ARE MARKED AS GUEST ROOMS THAT HAVE BECOME STORAGE ROOMS. YOU CAN SEE, I DON'T KNOW WHAT THAT YELLOW CERTAINLY LOOKS LIKE, SOME KIND OF CHEMICAL.
THE ISSUE WITH HAVING STORAGE ROOMS IS WHEN FIRE GOES TO CLEAR OUT A BUILDING.
WE NEED TO KNOW WHERE THE GUEST ROOMS ARE, WHERE THE STORAGE ROOMS ARE.
CERTAINLY THIS ALSO IMPACTS THE FLAMMABILITY OF THAT ROOM AND THE ISSUES
[01:00:02]
WITH THAT ROOM.AS WELL AND THERE WERE SEVERAL ROOMS THAT HAD BEEN TURNED INTO STORAGE LIKE THAT.
I BELIEVE AT LEAST FOUR GUEST ROOMS HAD BEEN SWITCHED OVER TO STORAGE FROM GUESTS.
I DON'T HAVE ANY PICTURES OF THIS, SO I APOLOGIZE, BUT ONE OF THE OTHER VIOLATIONS WAS RELATED.
I'M SORRY, CAN YOU GO BACK ONE? YEAH.
IS THAT A CAN OF GASOLINE ON THE FLOOR? I'M NOT SURE WHAT CHEMICAL THAT IS.
SO THE NEXT VIOLATION IS RELATED TO GUEST ROOMS BEING USED FOR LONG-TERM OCCUPANCY.
THERE WERE SEVERAL PEOPLE THAT WERE LIVING IN THE HOTEL.
STAFF, CERTAINLY THE MANAGER WAS, AND SOME OTHER STAFF MEMBERS.
I'LL ALSO NOTE THAT AFTER WE CONDEMNED THE BUILDING, A COUPLE OF STAFF MEMBERS CONTINUED LIVING THERE.
AND ONCE WE ISSUED THE SOFT WORK ORDER, STAFF HAD TO GO OUT WHILE THEY MOVED THEIR ITEMS OUT OF THE BUILDING AS WELL.
WE TALKED TO THEM MULTIPLE TIMES ABOUT HOW THIS IS, IT'S NOT APPROPRIATE TO BE LIVING IN A HOTEL, EVEN IF IT'S CUSTOM AND PRACTICE IS WHAT WE WERE TOLD.
IT'S NOT OKAY TO BE LIVING IN, IT'S NOT, THAT'S NOT THE PURPOSE IS FOR A LONG-TERM RESIDENCY.
WE DON'T ALLOW THAT AS A USE UNDER OUR CITY CODE AS WELL.
THE NEXT FEW VIOLATIONS ARE GOING TO BE RELATED TO FIRE SAFETY SPECIFICALLY.
THIS ONE IS RELATED TO THE GAPS UNDERNEATH THE DOORS.
THERE WERE SEVERAL DOORS THAT HAD LARGE GAPS.
YOU'RE ONLY ALLOWED TO HAVE UP TO THREE QUARTERS OF AN INCH UNDER THE DOOR.
THESE AGAIN ARE JUST A COUPLE THAT ARE REPRESENTATIVE OF IT.
WHAT YOU CAN DO IS INSTALL A SWEEP UNDER THE DOOR TO LOWER THAT GAP.
THE REASON THAT THIS IS IMPORTANT IS FIRE IS GOING TO SPREAD MORE QUICKLY IF YOU CAN'T CONTAIN IT TO A SINGLE ROOM.
THE NEXT VIOLATION IS RELATED TO A MARKED SLIDING GLASS DOOR THAT DID NOT FUNCTION OR WAS LOCKED.
I WILL NOTE THAT THIS IS FROM THE INSPECTION TO DETERMINE WHETHER WE WERE GOING TO CONDEMN THE BUILDING, SO IT WAS WHILE IT WAS STILL OCCUPIED.
YOU CAN SEE IT'S NOT SHUT ALL THE WAY BUT ALSO BOLTED INTO THERE, SO IF THERE WERE A FIRE EMERGENCY, NO ONE WOULD HAVE BEEN ABLE TO GET OUT OF THAT DOOR.
IN THE 100 WING, THERE'S SOME UNFINISHED AREAS WHERE THEY'RE MISSING REQUIRED CEILING TILE AND DRYWALL, WHICH ARE REQUIRED FOR SPRINKLER SYSTEMS TO ACTIVATE.
YOU CAN ALSO SEE THE WATER DAMAGE IN HERE.
YOU CAN SEE THE WATER DAMAGE IS KIND OF BACK BEHIND HERE, BUT IT'S ON THE FLOOR RIGHT HERE.
THIS AREA IS A NEW AREA THAT HAS BEEN RECENTLY REDONE IN THE LAST COUPLE OF YEARS AND IS ALREADY HAVING WATER ISSUES IN THOSE AREAS.
THE NEXT VIOLATION IS RELATED TO THE HOOD CLEANING AND SOME SPRINKLER TESTS THAT HAVE NOT BEEN DONE.
SINCE THIS NOTICE WENT OUT, THEY HAVE HAD THEIR KITCHEN HOOD CLEANING.
THE SPRINKLER SYSTEM HAS NOT BEEN TESTED AND THE REPORTS HAVE NOT BEEN UPLOADED IN THE POLICE.
OR IN THE FIRE DOCUMENTATION SYSTEM.
BUT THEY HAVE AT LEAST HAD THEIR HOOD CLEANED.
IT'S SUPPOSED TO BE QUARTERLY.
THE NEXT VIOLATION IS A FIRE DOOR AT THE SOUTH END THAT DOES NOT CLOSE PROPERLY.
YOU CAN SEE UP THERE IN THE TOP RIGHT WHERE IT'S NOT SHUTTING PROPERLY.
IS BY GUEST WING 200, WHICH ARE OCCUPIED ROOMS. IT WAS NOT THIS WAY AT THE INSPECTION PRIOR, SO IT HAD BEEN A RECENT DEVELOPMENT.
ANOTHER FIRE VIOLATION IS RELATED TO THESE LIGHTS THAT ARE SUPPOSED TO COME ON, AND IT DOES NOT COME ON AS APPROPRIATE.
IT'S TO LIGHT THE AREA IF THERE'S A FIRE EMERGENCY SO PEOPLE CAN SEE WHILE THEY'RE EXITING THE BUILDING.
THOSE WERE ALSO IMPROPERLY SEALED PENETRATIONS.
FIRE PANEL DISPLAYS SUPERVISORY ALARMS. FROM FIRE SPECIFICALLY, THEY HAVE SAID EVERY TIME THEY GO OUT THERE'S DIFFERENT SUPERVISORY ALARMS. SO IT'S NOT THE SAME ROOMS EVERY TIME, IT'S DIFFERENT ROOMS EVERY SINGLE TIME THEY GO OUT THERE.
WHEN THEY HAVE GONE OUT THERE FOR INSPECTION, THERE'S BEEN SOME KIND OF SUPERVISORY ALARM RELATED TO SOME ROOM OR SOME SYSTEM.
[01:05:02]
THERE BUT IT CHANGES EVERY SINGLE TIME.MOVING TO SOME OF THE EXTERIOR ISSUES THE CURBS AND WALKWAYS ARE IN DISREPAIR IN MULTIPLE LOCATIONS YOU CAN SEE FROM THOSE PHOTOS.
THEY ARE REQUIRED TO HAVE A TRASH ENCLOSURE FOR THEIR DUMPSTERS AND THEY DO NOT HAVE THAT AS WELL.
THERE ARE RETAINING WALLS THAT ARE IN DISREPAIR.
THE LEFT PICTURE IS THE BEFORE AND THE RIGHT IS THE AFTER.
THAT IS NOT AN APPROPRIATE FIX FOR THAT RETAINING WALL.
I'M GOING TO MOVE ON TO THE STOP WORK ORDER.
SO THESE PICTURES ARE FROM MARCH 31ST AND EARLIER.
THE PICTURES WE'RE GOING TO SEE NOW ARE RELATED TO AN INSPECTION THAT OCCURRED ON APRIL 22ND. SO IT WAS NOT QUITE A MONTH AFTER THE BUILDING HAD BEEN CONDEMNED.
CITY STAFF WENT OUT FOR AN INSPECTION THAT DAY AND FOUND WORKERS TEARING OUT THE DRYWALL IN THIS ROOM.
AND I'M GOING TO TRY AND PICK OUT A COUPLE OF THINGS TO EMPHASIZE IN THIS.
THIS IS A FULLY FURNISHED ROOM WHERE ALL THE DRYWALL IS BEING STACKED ON ALL OF THE FURNITURE IN THIS ROOM.
THIS ROOM WAS NOT ENCAPSULATED IN ANY WAY TO PREVENT THE SPORTS FROM GETTING OUT OF THIS ROOM.
IT WAS NOT BEING REMEDIATED ACCORDING TO PROFESSIONAL STANDARDS.
THIS WAS ALSO A ROOM THAT DIDN'T ORIGINALLY SHOW VISIBLE MOLD, BUT WAS DISCOVERED LATER AND WAS NOT GONE ABOUT THE CORRECT WAY.
YOU CAN SEE, I THINK THERE'S EVEN BEDDING STILL ON THAT.
THIS IS THE OUTSIDE OF THAT ROOM.
SO YOU CAN SEE THAT THERE'S NO ENCAPSULATION OF THAT ROOM OR THE SPORES GETTING OUT.
THEY WERE JUST TAKING THE ITEMS OUT.
THIS GREEN DRYWALL THAT'S BEEN PUT UP IS NOT FIRE-RATED DRYWALL, SO IT IS NOT APPROPRIATE TO PUT IN THAT LOCATION AS WELL.
WHEN THEY RIPPED OUT SOME OF THIS DRYWALL, WE DISCOVERED THAT THE YOU SUPPORT INSIDE THE WALL HAD BEEN ROTTING AWAY INSIDE OF THE WALL.
AGAIN, I'M NOT A CONTRACTOR, BUT I THINK YOU ARE SUPPOSED TO HAVE SOMETHING HERE TO PUT THE WALL SUPPORTS INTO, AND THAT HAS ALL BEEN ROTTED AWAY DUE TO THE WATER ISSUES INSIDE THOSE WALLS.
YOU CAN SEE THE ISSUES ON THE RIGHT AS WELL WITH THOSE PIPES AND THE DAMAGE THAT THEY'VE INCURRED OVER THE YEARS.
THIS IS AN ELECTRICAL BOX THAT WAS HAVING WATER PENETRATION ISSUES AND THEY SPRAYED SOME FOAM IN THERE TO PLUG IT UP.
THIS SAYS LEAK AND THEN IT HAS DUCT TAPE OVER THE FIX.
WHEN CITY STAFF WENT OUT THERE, THERE WAS AN ELECTRICIAN OUT THERE WHO WAS NOT A LICENSED ELECTRICIAN THAT HAD BEEN DOING WORK, BUT WALKED CITY STAFF THROUGH SOME OF THE ISSUES THAT HE SAW WHEN HE WAS OUT THERE AS WELL.
LIKE I MENTIONED, IT IS A SUNKEN AREA, SO THEY JUST PUT THE FLOORING RIGHT OVER THE TOP OF IT WHENEVER THEY COVERED THAT PUTT-PUTT UP.
THAT'S NOT RECENT, BUT THEY WERE HAVING FLOORING ISSUES WHEN THEY WENT OUT FOR THE STOP WORK ORDER.
THERE WERE PEOPLE REPLACING THE PLYWOOD AND PUTTING NEW FLOORING DOWN, BUT THERE'S CONCERNS WITH THE SUPPORT AND MAKING SURE THAT THAT FLOORING IS IT'S STABLE AND BEING APPROPRIATELY RELAYED IN THE PICTURE ON THE RIGHT YOU CAN SEE THAT ELECTRICAL BOX WIDTH OF IT.
THIS IS ANOTHER PICTURE OF IT YOU CAN SEE KIND OF THE STAIRS RIGHT HERE WHERE IT WALKED DOWN AND THEY JUST BUILT DIRECTLY INTO IT YOU CAN SEE SOME OF THESE SUPPORT BEAMS LOOK A LITTLE BIT ROUGH IN ROUGH CONDITION.
THE LAST PICTURE I'M GOING TO SHOW YOU IS FROM MONDAY, IS FROM YESTERDAY WHEN CITY STAFF WAS OUT THERE.
IT WAS NOT IN THIS CONDITION THE LAST TIME STAFF HAD BEEN OUT.
RIGHT HERE ON THE FLOOR WAS SOAKING WET SO THE WATER WAS COMING IN HERE.
YOU CAN SEE THE RUST STAINS THERE AND THEN THIS IS ALL MOLD THAT IS GROWING AS A RESULT OF.
THE WATER INTRUSION COMING THROUGH THAT.
[01:10:06]
ALL RIGHT, SO MOVING ON TO OUR CODE AUTHORITY AND WHAT YOU ARE GOING TO BE ANALYZING TONIGHT.WE, THROUGH SECTION 48D1, WE ADOPT THE INTERNATIONAL PROPERTY MAINTENANCE CODE, THE IPMC.
WE DO OPT OUT OF CERTAIN SECTIONS OF THAT, BUT SECTION 108 SPECIFICALLY OF THE IPMC ADDRESSES UNSAFE STRUCTURES AND EQUIPMENT.
I'M GOING TO SHOW YOU A REALLY LONG DEFINITION, BUT DON'T WORRY ABOUT IT.
THIS IS THE FULL DEFINITION OF A DANGEROUS STRUCTURE UNDER THAT SECTION 108, BUT WE'RE GOING TO FOCUS ON JUST THREE OF THESE CONDITIONS THAT WOULD LEAD TO A FINDING OF THE STRUCTURE BEING DANGEROUS.
THIS IS ALSO IN YOUR PACKET MEMO.
THE FIRST ONE IS CONDITION SIX.
THE BUILDING OR STRUCTURE, ANY PORTION THEREOF IS CLEARLY UNSAFE FOR ITS USE AND OCCUPANCY.
THIS IS A HOTEL WITH A LEAKING ROOF WITH PERVASIVE MOLD ISSUES, WATER ISSUES.
ISSUES WITH CRITICAL BUILDING SYSTEMS IN THE CITY WOULD ARGUE THAT IT'S CLEARLY UNSAFE FOR ITS USE IN OCCUPANCY.
A HOTEL BRINGS UP UNIQUE THINGS COMPARED TO A SINGLE-FAMILY RESIDENTIAL HOME WHERE PRESUMABLY YOU'RE NOT PUTTING THE GENERAL PUBLIC AT HARM BY HAVING ISSUES INSIDE YOUR HOME.
ESPECIALLY A HOTEL IN THIS AREA, SOMEONE SHOWS UP FROM OUT OF TOWN, THEY'RE MAYBE NOT FROM THE METRO AREA.
THEY CAN'T FIND ADDITIONAL ACCOMMODATIONS OR THEY'RE STAYING IN THIS AND THIS IS THEIR THEIR IMPRESSION OF A HOTEL IN LENEXA.
CERTAINLY THESE ISSUES AND THE TOTALITY OF ALL THOSE PICTURES ALL THOSE VIOLATIONS THAT ARE OCCURRING CLEARLY SHOW THAT THIS IS UNSAFE FOR ITS USE AS A HOTEL AND HAVING OCCUPANCY BY THE GENERAL PUBLIC.
THE NEXT CONDITION IS CONDITION NINE.
A BUILDING OR STRUCTURE USED OR INTENDED TO BE USED FOR DWELLING PURPOSES BECAUSE OF INADEQUATE MAINTENANCE, DILAPIDATION, DECAY, DAMAGE, FAULTY CONSTRUCTION ARRANGEMENT, INADEQUATE LIGHT, VENTILATION, MECHANICAL OR PLUMBING SYSTEM OR OTHERWISE IS DETERMINED TO BE UNSANITARY, UNFIT FOR HUMAN HABITATION OR IN SUCH A CONDITION AS LIKELY TO CAUSE SICKNESS OR DISEASE.
THE CODE OFFICIAL DETERMINED THAT IT WAS ALL OF THOSE THINGS WHEN WE CONDEMNED BACK IN MARCH BASED ON THE VARIOUS...
INSPECTIONS THAT THEY HAD DONE, THE PERVASIVE ISSUES THAT THEY HAD FOUND, THE MOLD, THE EXTENSIVE MOLD THROUGHOUT THIS STRUCTURE, AND THE WATER INTRUSION ISSUES ALONE CERTAINLY MAKE IT UNFIT FOR HUMAN HABITATION, BUT ALSO THE AREAS OF THE FLOORING THAT ARE SOFT AND NOT STABLE UNDER NORMAL LOAD, AND THEN THE WATER DAMAGE AND THE WATER THAT'S PRESENT IN VARIOUS AREAS THROUGHOUT THIS HOTEL AS WELL.
AND THEN CONDITION 10 IS ANY BUILDING OR STRUCTURE BECAUSE OF LACK OF SUFFICIENT OR PROPER FIRE RESISTANCE RATED CONSTRUCTION, FIRE PRODUCTION SYSTEMS, ELECTRICAL SYSTEM, FUEL CONNECTIONS, MECHANICAL SYSTEM, PLUMBING OR OTHER IS A THREAT TO LIFE OR HEALTH.
WE SAW SOME OF THE ISSUES WITH THE FIRE DOORS THAT WERE LOCKED IMPROPERLY, LIGHTS THAT WERE NOT WORKING IN THOSE EMERGENCY EXITS, DOORS THAT WERE NOT SEALING APPROPRIATELY, ELECTRICAL PANELS THAT CONTAIN EXTENSIVE RUST.
CORROSION, OPEN ELECTRICAL BOXES, THE HVAC SYSTEM'S NOT WORKING, THE MISSING CEILING TILES.
THERE'S CERTAINLY MANY THAT YOU CAN CHOOSE FROM THAT WOULD ALL LEAD TO SUPPORT THAT THIS CONDITION IS MET AND IT IS MISSING THOSE THINGS AND A THREAT TO LIFE OR HEALTH.
SO THE CITY'S RECOMMENDATION IS THAT WE ARE ASKING THAT YOU FIND THIS TO BE UM A STRUCTURE THAT IS DANGEROUS AS DEFINED BY CITY CODE.
THE CITY'S RECOMMENDATION IS THAT KIND OF WHAT'S ALREADY IN THE WORKS IS THEY ARE, THE PROPERTY OWNERS ARE GETTING ENGINEERING REPORTS.
THEY'VE ALREADY RETAINED AN ENGINEER TO COME ON SITE AND DO A THOROUGH ANALYSIS OF WHY WE'RE HAVING SOME OF THESE PERVASIVE ISSUES AND MAKE SOME RECOMMENDATIONS ABOUT HOW TO FIX THE PROPERTY.
THAT'S ALREADY IN THE WORKS, SO WE'RE ASKING THAT YOU GIVE THEM 30 DAYS TO GET THOSE REPORTS.
SO THAT WOULD BE ABOUT JULY 16TH.
THEN GIVE 30 DAYS FROM THAT TIME FOR THEM TO SUBMIT TO THE CITY A COMPREHENSIVE PLAN FOR EITHER GETTING FULL COMPLIANCE OR HOW THEY'RE GOING TO REMOVE THE STRUCTURE, WHICH WOULD BE AUGUST.
AND THEN REALLY IT'S UP TO THEM.
LIKE I SAID, YOU DON'T HAVE TO PICK WHAT'S GOING TO HAPPEN WITH THIS PROPERTY TODAY.
YOU JUST GET TO CHOOSE WHETHER IT IS UNSAFE OR DANGEROUS AND THEN ADOPT THESE TIMELINES.
IT WILL BE UP TO THEM TO DECIDE.
SO THE FIRST OPTION THEY CAN CHOOSE IS TO ELECT TO REPAIR THE STRUCTURE.
[01:15:01]
BE GIVEN 180 DAYS FROM THE TIME THAT THEY SUBMIT THAT REPORT.SO THAT WOULD BE ABOUT FEBRUARY 13TH OF 2027.
THAT WOULD BE TO PASS ALL CITY INSPECTIONS AND DO ALL THE WORK APPROPRIATE TO CITY CODE.
I DO HAVE A LITTLE ASTERISK THERE THAT RATHER THAN YOU SET A BUNCH OF INTERIM DEADLINES THAT YOU DELEGATE THAT AUTHORITY TO SCOTT MCCULLOUGH AS THE COMMUNITY DEVELOPMENT DIRECTOR TO KEEP THAT PROJECT ON TRACK.
THAT'S WHAT WE DO PRETTY NORMALLY EITHER IN MUNICIPAL COURT OR WITH LARGER CODE PROJECTS.
LIKE THIS THE COMMERCIAL NATURE WILL SET INTERIM DEADLINES THAT THEY HAVE TO MEET SO THAT WAY WE'RE KEEPING ON TRACK AND WE'RE NOT WAITING UNTIL 180 DAYS TO SEE IF ANYTHING HAPPENS THERE WILL BE INTERIM ONES THAT SCOTT WITH THE INPUT OF OTHER CITY STAFF WILL SET THE OTHER OPTION THEY CAN CHOOSE IS TO REMOVE THE STRUCTURE IF THEY ELECT THAT OPTION WE ARE RECOMMENDING THAT THEY BE GIVEN 90 DAYS TO REMOVE THE STRUCTURE WHICH WOULD BE NOVEMBER OF THIS YEAR SO IF THEY ARE GRANTED EXTENSIONS, IF WE GO THIS ROUTE AND THEY NEED EXTENSIONS, THAT WOULD NOT COME BEFORE YOU.
THAT WOULD BE ALSO DELEGATED TO MR. MCCULLOUGH AS PART OF HIS DUTIES TO WORK WITH THEM ON EXTENSIONS AS APPROPRIATE.
IF THEY'RE 95% OF THE WAY THERE, THEN HE CAN GRANT AN EXTENSION IF THEY NEED ONE MORE MONTH OR WHATEVER THE CASE WOULD BE.
ONE QUESTION THAT YOU MAY HAVE IS IF THEY DON'T MEET THESE DEADLINES, WHAT WILL HAPPEN? AND THE BEST LAWYER ANSWER I CAN GIVE YOU IS IT DEPENDS.
THE CITY CAN THEN EXERCISE OUR OPTION TO REMOVE OR REPAIR.
PRACTICALLY SPEAKING, THAT DOESN'T MEAN THE DEADLINE IS FEBRUARY 13TH.
ON FEBRUARY 14TH, WE SHOW UP WITH A BULLDOZER AND THE BUILDING IS GONE.
WHAT THAT MEANS IS THAT CITY STAFF WILL GET TOGETHER.
WE WILL LOOK AT ALL OF THE FACTS.
AND COME UP WITH WHAT WE WOULD SUGGEST AS THE BEST PLAN.
EVEN THOUGH THE GOVERNING BODY WON'T HAVE A FORMAL ROLE OUTSIDE OF THIS, YOU WILL BE KEPT INFORMED AS THIS MOVES ALONG.
IT REALLY IS GOING TO DEPEND ON HOW THE FACTS ARE SHAPING UP.
LIKE I SAID, IF THEY'RE 95% OF THE WAY DONE AND IT'S FEBRUARY 13TH, WE'RE NOT GOING TO GO BULLDOZE A BUILDING THE NEXT DAY.
WE'RE GOING TO BE REASONABLE IN HOW WE'RE ADMINISTERING THIS PROJECT AND HOW WE'RE HOLDING THEM TO TIMELINES AND MAKING SURE THAT THIS PROPERTY IS GETTING REPAIRED APPROPRIATELY.
SO TO KIND OF HEAD OFF THAT QUESTION, I'M SORRY, THAT'S A NON-ANSWER, BUT I WANTED TO KIND OF EXPLAIN WHY I CAN'T GIVE AN ANSWER BECAUSE I THINK IT WILL DEPEND ON A WHOLE BUNCH OF FACTORS, AND IT WOULD BE UNFAIR TO ANSWER THAT QUESTION WITHOUT KNOWING THE EXACT SITUATION AT THE TIME.
OTHER QUESTIONS FOR ASHLEY BEFORE WE MOVE ON TO MR. SNYDER? COURTNEY.
ASHLEY, WERE THERE ANY AREAS IN THE HOTEL THAT WERE, LIKE, IS THERE, LIKE, IT'S A PRETTY BIG STRUCTURE, AND, YOU KNOW, WE'RE SEEING SNAPSHOTS OF DIFFERENT THINGS THAT WERE SEEN IN THE REPORTS, BUT IS THERE ANY, LIKE, WING THAT WAS NOT AFFECTED BY SOME OF THE STUFF, OR WAS IT THE? ENTIRETY HAD THESE THINGS? I WILL LET MS. WHITAKER CORRECT ME IF I'M WRONG.
THERE WERE AREAS THAT DID NOT HAVE VISIBLE ISSUES AND THAT PEOPLE WERE STAYING IN AND CERTAINLY ROOMS THAT, SO ONE OF THE THINGS THAT MS. WHITAKER DID THROUGH THIS PROCESS WITH ALL THE NOTICE OF VIOLATIONS IS SHE WENT ROOM BY ROOM AND LISTED THE ROOMS WITH VIOLATIONS.
SO THERE ARE A NUMBER OF ROOMS THAT DON'T HAVE LISTED VIOLATIONS.
I DON'T WANT TO SAY THAT THEY WERE SAFE, BUT THEY WERE NOT ON THE LIST OF ROOMS WITH VIOLATIONS.
THE CONCERN IS WITH SOME OF THESE WATER INTRUSION ISSUES, AND LIKE THE ROOM THAT WE SAW IN THE STOP WORK ORDER, THAT WAS A ROOM THAT WAS NOT LISTED.
IT HAD, I BELIEVE, A CRACKED TILE WAS WHAT WAS NOTED AS A VIOLATION IN THAT ROOM, AND THEN IT HAD A TON OF MOLD IN THE WALLS.
SO ONE OF THE REPORTS WE'RE REQUESTING IS MORE THOROUGH MOLD TESTING TO REALLY UNDERSTAND BETTER THE SCOPE OF THE MOLD ISSUE BECAUSE EVEN IF IT DOESN'T HAVE VISIBLE MOLD, DOES IT STILL HAVE IT IN THE WALLS IN SOME OF THOSE AREAS? SO THERE WERE ROOMS THAT ARE NOT LISTED WITH VIOLATIONS, BUT WE CAN'T KNOW FOR SURE UNTIL...
SO WHEN YOU ARE ASKING FOR A REPORT IN THE NEXT 30 DAYS, A COMPREHENSIVE REPORT, WHAT DOES THAT LOOK LIKE? I GUESS I JUST WANT TO BE...
EXPLICIT WITH WHAT WE'RE EXPECTING THAT REPORT TO BE SO THAT THERE'S NO MISUNDERSTANDING AROUND, YES,
[01:20:01]
THERE'S MOLD, WE'RE GOING TO FIX IT, RATHER THAN, NO, IN THESE SPECIFIC SPACES, YOU KNOW, OR THESE CORRIDORS OR THIS, YOU KNOW, I WANT, I GUESS I WANT US TO HAVE A BETTER IDEA OF WHAT EXACTLY WE WANT THIS REPORT TO BE FORMATTED IN SO THAT IT'S NOT JUST A BROAD OVERVIEW THAT THESE THINGS EXIST.LIKE, WHAT IS IT THAT WE ARE LOOKING FOR FROM THAT? ABSOLUTELY.
THE CERTAIN SYSTEMS THAT WE WANTED REPORTS FOR, BECAUSE IT'S NOT JUST RELATED TO MOLD, IT'S RELATED TO THE ELECTRICAL AND THE HVAC AND THE ROOF AND A COUPLE OF DIFFERENT THINGS.
ONCE THEY RETAINED, KIND OF THE FIRST THING THAT HAPPENED IS THEY HAD A COUPLE OF DIFFERENT ENGINEERS COME IN THE BUILDING AND CITY STAFF MET THEM.
THEY DID KIND OF A PRELIMINARY INSPECTION OF THE BUILDING AND THEN NORTON INSTRUMENT IS THE ONE THAT THEY END UP GOING WITH.
THEY PRODUCED KIND OF A PRELIMINARY SCOPE OF WORK.
AND THEN CITY STAFF WORKED WITH THEM TO MAKE SURE THAT THAT SCOPE OF WORK COVERED ALL OF THE CONCERNS THAT THE CITY HAD.
SO I CAN'T SPEAK TO SPECIFICALLY WHAT THAT IS, BUT CITY STAFF MET WITH THEM ON THE OUTSET TO MAKE SURE THAT THAT SCOPE WAS APPROPRIATE.
THEY WERE LOOKING AT THE ELECTRICAL SYSTEMS, AND IT'S NOT JUST A CURSORY GLANCE AT THE OUTDOOR.
WE REALLY WANT TO UNDERSTAND WHAT'S GOING ON FROM THE INTERIOR OF THAT.
SO THOSE WERE DISCUSSIONS THAT CITY STAFF HAD DIRECTLY WITH.
WITH THEM TO MAKE SURE THAT THAT WAS CLEAR WHAT WE'RE LOOKING FOR.
AND I THINK NORTON INTIMATE STARTED LAST WEEK ON WORKING TOWARDS THAT.
SCOTT, KIM, MAYBE? THE SYMPTOMS WE HAVE DISCOVERED INDICATE THERE ARE SIGNIFICANT FAILURES WITH DIFFERENT, PROBABLY SEVERAL COMPONENTS OF THE...
BUT WE DON'T KNOW HOW DEEP THAT GOES.
THAT'S WHY WE REQUIRED THEM, THROUGH A SEPARATE DOCUMENT THAT ASHLEY DIDN'T REVIEW WITH YOU, IT'S ALREADY THERE IN THEIR HANDS, THIS REQUIREMENT TO PROVIDE AN ENGINEERING, WHAT I CALL FORENSIC REPORT, THAT LOOKS AT THE ROOT CAUSES OF WHY THERE'S SUCH HIGH HUMIDITY THAT'S CREATING MOLD, AND TO ME, A MORE DANGEROUS SITUATION, WHICH IS ELECTRICAL SYSTEM.
WE'VE POINTED OUT DIFFERENT SPOTS, I BELIEVE IT'S BUILDING WIDESPREAD THAT ELECTRICAL SYSTEMS ARE CORRODING, THAT MOLD IS GROWING BEHIND WALLS THAT WE CANNOT SEE, AND THERE WE BELIEVE IN OUR WORK, AND WE KNOW THIS BUILDING INSIDE AND OUT BY NOW, THAT THERE ARE SEVERAL DIFFERENT REASONS FOR THAT.
WHETHER IT'S THE ROOF LEAKS, IT'S AN HVAC SYSTEM THAT JUST CAN'T KEEP UP WITH THE LEAKS AND THE PLUMBING LEAKS AND THE POOL THAT'S INSIDE THE BUILDING.
SO THAT WE CAN REALLY GET AT THE ROOT CAUSES.
AN ENGINEERING COMPANY WITH SEVERAL SUB-TRADES IS GOING TO NEED TO GET IN THERE AND INSPECT FROM TOP TO BOTTOM, SIDE TO SIDE, THE ENTIRE STRUCTURE.
AT THAT POINT, THAT'S ENOUGH INFORMATION, WE BELIEVE, WHERE THE OWNER CAN THEN DECIDE WHETHER TO REPAIR OR REMOVE BASED ON THE COST AND EFFORT.
REQUIREMENT SPEC SHOULD BE LICENSED BECAUSE IT SEEMS THAT THERE HAS BEEN SOME WORK THAT'S BEEN ACCOMPLISHED THAT WAS NOT DONE UP TO CODE OR THAT WAS DONE WHERE THERE WERE CORNERS CUT IN THE REMEDY THAT THEY WERE TRYING TO DO IS THERE A SOMETHING IN THOSE DOCUMENTS THAT THOSE KIND OF VACATIONS TO MAKE SURE THAT SOMEBODY DOESN'T CALL THEMSELVES EXPERT AND THEN COME IN IT STARTS WITH A KANSAS LICENSED ENGINEER ON THE REPORT ITSELF.
AFTER THAT, PART OF THE PLAN FOR REPAIR WILL BE TO DETERMINE WHAT REQUIRES A PERMIT, WHICH REQUIRES JOHNSON COUNTY LICENSED CONTRACTORS, PERMITS PULLED.
THAT'S WHY THAT TIME PERIOD IS SO MUCH LONGER, BECAUSE THAT IS A MASSIVE EFFORT TO REPAIR.
ALL THE THINGS THAT I PREDICT WILL COME OF LIGHT WITH THE ENGINEER'S REPORT.
CAN YOU GO BACK TO THE TIMELINE THAT YOU...
YOU HAD UP WITH THE RED DOTS AND BECAUSE THIS DOESN'T HAPPEN TO ME OVERNIGHT AND THIS TIMELINE GOES BACK TO SEPTEMBER OF 2025 WERE THESE THE FIRST INSPECTIONS THAT WE'VE DONE ON THIS BUILDING OR WAS THERE PRIOR THINGS THAT THIS ON THE RADAR? THIS PROPERTY WAS ACTUALLY CONDEMNED FOR 10 DAYS BACK IN 2021.
SO AND THEN THERE'S BEEN WE DO HOTEL INSPECTIONS YEARLY.
[01:25:02]
WE'RE IN WE'RE IN THE SOME OF THE BUILDINGS THAT WE'VE KNOWN HAVE HAD ISSUES THEY'LL GO IN A LITTLE BIT MORE FREQUENTLY.SO THE LAST COURT CASE I BELIEVE IT WAS IN 2021, BUT THEY'VE HAD A COUPLE ENFORCEMENT ACTIONS IN THE INTERIM.
SEPTEMBER WAS WHEN FIRE WENT ON THEIR ANNUAL INSPECTION AND OUR CODES OFFICERS WENT.
AND NOTICED A FEW OF THOSE ISSUES AND THEN ONE OF THE THINGS THAT WAS UNIQUE I THINK IN THIS TIME THAT WE'VE MAYBE NOT DONE ON OTHER PROPERTIES TOO IS BECAUSE OF CONCERNS WITH SOME OF THE SAME ISSUES THAT WE SAW BACK IN 2021 WE REQUESTED A FULL PROPERTY INSPECTION AND SO THAT'S WHY YOU SEE SO MANY OF THOSE BLACK DOTS RIGHT THERE BETWEEN SEPTEMBER AND NOVEMBER THEY WENT IN EVERY SINGLE ROOM AND INSPECTED EVERY AREA SO IT TOOK SEVERAL INSPECTION DATES BECAUSE WE DIDN'T WANT TO DISPLACE ANYBODY THAT WAS IN OCCUPIED ROOMS. AND THE PROPERTY OWNER DID HELP FACILITATE AND WE WENT OUT THERE MULTIPLE TIMES AND THEY WERE COOPERATIVE IN GETTING US INTO EVERY ROOM AND SEEING SOME OF THE ISSUES.
AND THAT RESULTED IN THE NOTICE OF VIOLATION THAT WAS SET NOVEMBER 24TH. AND BECAUSE OF SOME OF THOSE INITIAL ISSUES, THEY WERE GIVEN SOME TIME TO CORRECT SOME THINGS AND THAT'S WHERE WE GOT.
SO BECAUSE OF THE COMPREHENSIVE SUPPORT THAT WE HAVE FOR THE INSPECTION THAT WE DID IN SEPTEMBER OF 2025, WE HAD A BETTER IDEA OF WHAT WAS SYSTEMICALLY WRONG THAN WE DID FROM 2021.
I THINK THE FULL INSPECTION, FOR SURE, WE HAD A BETTER IDEA OF SOME OF THE WIDESPREAD PROBLEMS. AND THEN WHAT HAPPENED IS WE DIDN'T REALLY HEAR A LOT FROM THEM.
WE DIDN'T HAVE A LOT OF MOVEMENT FROM THAT ONCE WE SENT THAT NOTICE OF VIOLATION IN NOVEMBER.
MARCH 3RD WE SENT A NOTICE OF, WE ATTEMPTED AN INSPECTION FOR THE CORRECTIVE ACTION DATE IN ALL OF OUR NOTICES, WHETHER IT'S GRASS AND WEEDS OR COMMERCIAL INSPECTIONS, WE ALWAYS DO A CORRECTIVE ACTION DATE.
WE HADN'T HEARD ANYTHING BY THAT CORRECTIVE ACTION DATE.
WE WENT OUT ON MARCH 3RD TO ATTEMPT AN INSPECTION AND WE'RE NOT ALLOWED INTO ANY OF THE ROOMS SO WE JUST SAW SOME OF THE COMMON AREAS.
AND THEN RESULTING FROM THAT WE DID THE NOTICE OF PENDING CONDEMNATION AND GAVE THEM THREE WEEKS TO TRY AND GET EVERYTHING FIXED.
WHEN WE WENT BACK OUT ON THE 25TH, IT WAS KIND OF, IT WAS A MORE SPOTTY INSPECTION.
IT WASN'T A FULL PROPERTY INSPECTION.
IT WAS THOROUGH, BUT NOT AS THOROUGH AS THOSE HAD BEEN.
THERE WERE CERTAINLY STILL AREAS THAT WERE OCCUPIED, AND PEOPLE CHECKING INTO THE HOTEL THAT DAY ON THE 25TH WHEN THEY WENT OUT THERE TO INSPECT, SO THEY COULDN'T GET INTO EVERY ROOM.
BUT THAT'S WHY ONCE THE HOTEL WAS CLEARED, THEY WENT BACK OUT ON MARCH 31ST AND DID A FULL INSPECTION AND BECAUSE OF THE CONCERNS THEY SAW ON MARCH 31ST, THOSE PERVASIVE ISSUES, THE ISSUES THAT WERE NOT THERE PREVIOUSLY WHEN THEY HAD BEEN THERE BUT HAD DEVELOPED OVER THE NEXT COUPLE OF MONTHS, THAT WAS THE TIME WHEN STAFF DECIDED THOSE REPORTS WOULD BE NECESSARY TO FIGURE OUT WHAT'S GOING ON WITH THIS BUILDING.
WERE THOSE NEW ISSUES BACK, LIKE AFTER THE STOP WORK? THIS IS A PRE-STOP WORK ORDER.
YEAH, THAT'S APRIL 22ND. SO THAT WAS ABOUT JUST SHY OF A MONTH FROM CONDEMNATION TO WHEN THE STOP WORK ORDER.
AND THE REASON WHY I ASK IS BECAUSE IF YOU HAVE A STOP WORK ORDER AND NEW THINGS HAPPEN, LIKE THERE WAS NOT FIX IT SO THINGS GET WORSE.
SO LIKE THAT'S WHY I WAS ASKING WHAT THAT TIME WAS LIKE.
YEAH, SO THE ONLY PICTURE YOU SAW TODAY WAS THAT ELECTRICAL BOX AT THE VERY END.
THAT'S THE ONLY PICTURE THAT WAS INCLUDED THAT WAS POST STOP WORK ORDER.
IN THE PACKET YOU'D INDICATED THAT THE FULL INSPECTION WAS IN NOVEMBER AND THAT'S WHEN THE NOTICE OF VIOLATION WAS ISSUED AND THEN ACCORDING TO THIS SLIDE AND YOU MAY HAVE TOUCHED ON THIS BUT I WANTED TO GET A LITTLE BIT MORE DETAIL THE PACKET INDICATED THAT AFTER SEVERAL MONTHS OF NO CONTACT AND MISSED DEADLINES, AND THEN SO WAS EACH INSPECTION CONTINUED BECAUSE YOU DIDN'T HAVE ACCESS TO THE PROPERTY, OR WAS IT CONTINUED BECAUSE YOU WEREN'T GETTING COMMUNICATION AND CONTACT FROM THE OWNER-OPERATOR TO ALLOW ACCESS TO THE PROPERTY FOR THE INSPECTION? IT WAS CONTINUED A NUMBER OF TIMES.
THAT WAS BECAUSE OF THE ROOMS BEING OCCUPIED.
SO THEY WENT OUT MULTIPLE TIMES SO THAT NO ONE GOT KICKED OUT OF THEIR ROOM.
SO THAT WAS ALL PART OF COOPERATION WITH THE PROPERTY OWNER.
[01:30:01]
OUT MULTIPLE TIMES TO GET INTO EVERY SINGLE ROOM.SO THOSE INSPECTIONS OCCURRED ON ALL.
WAS ON MANAGER WAS UNAVAILABLE AND WE COULDN'T DO AN INSPECTION SO THE NO NOVEMBER DATES AND THE OCTOBER DATES, THOSE WERE INSPECTIONS OCCURRED ON THAT DATE.
IT WAS JUST WE ONLY COULD DO A PORTION OF THE PROPERTY EACH DAY.
BUT THAT WAS NOT BECAUSE THEY WERE NOT COOPERATIVE.
IT'S JUST THE LOGISTICS OF AN OCCUPIED HOTEL.
SO THEN IN THE PACKET, WHAT DOES IT MEAN WHEN IT SAYS, AFTER SEVERAL MONTHS OF NO CONTACT AND MISSED DEADLINES, THE CITY PROVIDED NOTICE ON MARCH 3, 2026 THAT THE PROPERTY WAS UNSAFE? SO WHAT KIND OF NO CONTACT OR MISSED DEADLINES WERE OCCURRING? SO THE NOTICE OF VIOLATION WENT OUT ON NOVEMBER 24TH OF 2025, AND THEN THERE WERE CERTAIN DEADLINES IN THERE.
ONE OF THEM WAS TO GET MOLD TESTING AND PROVIDE THOSE REPORTS.
JANUARY, I DON'T KNOW THE EXACT DATE, BUT I KNOW IT WAS THE DATE IN JANUARY THOSE HAPPENED.
CITY STAFF REACHED OUT TO OUR CONTACT, THE MANAGER AT THE TIME.
HE WAS UNAVAILABLE, SAID THEY'RE WORKING ON IT, BUT THERE WAS NOT REAL PROGRESS OR COMMUNICATION WITH THE CITY FROM NOVEMBER TO MARCH.
THEY WERE NOT CALLED FOR RE-INSPECTIONS, THINGS LIKE THAT.
SO THAT'S THE KIND OF NO CONTACT.
THERE WAS SOME EMAIL RESPONSES, BUT IT WAS MOSTLY, I'M OUT OF TOWN, I'LL GET BACK TO YOU.
IS IT CUSTOMARY FOR THE CITY TO GO FOUR MONTHS WITH...
EXTENSIVE NO CONTACT OR MISSED DEADLINES? SO THE CORRECTIVE ACTION DATE, THE MOLD REPORTS HAD A JANUARY CORRECTIVE ACTION DATE.
THE FULL CORRECTIVE ACTION DATE WAS END OF FEBRUARY.
SO WE DON'T INSPECT UNTIL AFTER THAT CORRECTIVE ACTION DATE BECAUSE THEY THINK THAT THEY HAVE THAT FULL TIME.
SO IF WE SHOW UP EARLY, THAT'S NOT REALLY FAIR TO THEM.
SO THAT'S WHY WE WENT BACK THE FIRST WEEK OF MARCH BECAUSE THE CORRECTIVE ACTION DATE, THE FULL CORRECTIVE ACTION DATE TO GET ALL THE VIOLATION STICKS.
WERE THERE EVER ANY INSTANCES WHERE YOU SAID THAT ONLY ONE TIME THAT YOU WERE ACTUALLY REFUSED ACCESS TO THE PROPERTY? WERE THERE ANY OTHER TIMES THAT YOU WERE REFUSED ACCESS TO THE PROPERTY BY ANYBODY ON SITE? NOT THAT I'M AWARE OF.
I THINK THAT WAS THE ONLY TIME.
AND IT WAS, AGAIN, IT WAS SOMEBODY AT THE FRONT DESK WHO SAID THE MANAGER'S UNAVAILABLE, WE CAN BE WITH AN INSPECTION.
CITY STAFF DID A LIMITED INSPECTION THAT DAY OF THE PUBLIC AREAS THAT THEY COULD SEE.
SEE, BUT THEY DIDN'T GET INTO ANY GUEST ROOM AREAS BECAUSE...
AND COULD YOU TELL AFTER THE CONDEMNATION HOW MANY PEOPLE WERE STILL LIVING LONG-TERM THERE EVEN AFTER THAT? WE BELIEVE THERE WERE TWO THAT WERE LIVING THERE AFTER THE CONDEMNATION, TWO STAFF MEMBERS.
IF THE OWNER CHOOSES TO MAKE REPAIRS, BUT THEY FAIL, AND THEN THE CITY, IF I UNDERSTAND CORRECTLY, HAS, WE CAN TAKE OVER THE PROJECT, AND AT THAT POINT, WE CAN DETERMINE IF IT CAN BE REPAIRED OR IT NEEDS TO COME DOWN? YES, WE CAN EITHER REPAIR OR REMOVE BASED ON THE EXTENSIVE...
ISSUES, IT'S PROBABLY GOING TO MOVE IN ONE DIRECTION.
AND SO AT THIS POINT, IF I READ YOUR DOCUMENT CORRECTLY, WE WILL ASSESS THE OWNER FOR RECOVERY OF OUR EXPENSES, CORRECT? WE WILL.
IT IS IN THE RESOLUTION THAT ANY COSTS ASSOCIATED WITH THAT COULD BE IMPOSED AGAINST THE OWNER.
SO WE WOULDN'T IMPOSE ANY OF THOSE COSTS UNTIL WE KNOW WHAT THOSE ARE, IF WE HAVE TO TAKE THAT ACTION.
IS THE OWNER REQUIRED TO POST A BOND OR LETTER OF CREDIT TO, YOU KNOW, GUARANTEE THAT THE CITY GETS ITS MONEY BACK? MY UNDERSTANDING IS THAT THE WAY THAT WE WILL GET OUR MONEY BACK IS WE'LL ASSESS IT AGAINST THE PROPERTY LIKE A TAX LIEN.
SO THEN ONCE THE PROPERTY IS SOLD, OUR LIEN WOULD HAVE TO BE PAID OFF SIMILAR TO HOW WE WOULD ABATE GRASS AND WEEDS.
WE PUT IT ON THE TAX ROLL AND THEN IT'S PAID WHEN THEY PAY THEIR TAXES OR THE PROPERTY IS SOLD.
SO THAT'S HOW WE WOULD RECOVER.
WE WOULD PROBABLY, I DON'T KNOW IF WE WOULD INVOICE THEM BEFORE THAT HAPPENS.
[01:35:02]
INVOICE FIRST AND THEN IF THEY DON'T PAY, THEN WE TAX ROLL.BUT THAT WOULD BE A CONVERSATION TO HAVE ONCE WE HAVE A BETTER UNDERSTANDING OF WHAT THOSE COSTS ULTIMATELY WOULD BE.
WE DON'T KNOW WHAT THOSE WOULD BE AT THIS TIME EITHER.
DO WE ENTER INTO A NEGOTIATION WITH THEM TO SAY, YOU WILL DO THE FOLLOWING? I MEAN, YOU KNOW.
YOU'VE GOT THE ENGINEERING REPORT, YOU'VE GOT ALL THE NOTICES OF INSPECTION, ETC., ETC.
HOW DO WE KNOW THAT WHAT, ASSUME THEY HAVE EVERY INTENTION TO FOLLOW WHAT THEY SAY? HOW DO WE GUARANTEE OURSELVES THAT WE DON'T CONTINUE TO HAVE THIS PROBLEM? THEY WILL HAVE TO PASS CITY INSPECTIONS, SO ALONG THIS PROCESS THEY'LL HAVE TO PASS CITY INSPECTIONS, WHICH MEANS DOING EVERYTHING UP TO CITY CODE.
CONTRACTORS THAT DO ALL THE WORK AS WELL AND ANY KIND OF SO THE CITY ONCE WE GET THE REPORT AND THEN THEY SUBMIT THEIR PLAN THE CITY WOULD WORK WITH THEM ON THAT COMPREHENSIVE PLAN TO MAKE SURE THAT IT ADDRESSES ALL THE ISSUES POINTED OUT BY THIS ENGINEER TO ADDRESS ALL OF THOSE SO THE CITY WON'T APPROVE CITY STAFF WON'T APPROVE A COMPREHENSIVE PLAN THAT DOESN'T ADDRESS THOSE MAJOR ISSUES OR WHATEVER ISSUES ARE FOUND IN THAT ENGINEERING REPORT ITSELF.
BUT THEN YOU HAVE THE ASSURANCE THROUGHOUT THAT WE'RE HOLDING THEM TO LENOX'S STANDARDS FOR PERMITTING AND INSPECTIONS AND THINGS LIKE THAT AS WELL.
YEAH I'M NOT WORRIED IT SEEMS LIKE WE'VE BEEN DOWN THIS ROAD BEFORE.
YES AND THAT'S WHY WE WENT WITH THIS PROCESS AS A ALTERNATIVE OPTION.
THE PROPERTY WAS CONDEMNED UNDER CITY CODE AND THEY COULD HAVE AT ANY TIME STARTED THIS, WE WOULDN'T EVEN HAVE TO COME HERE FOR THIS KIND OF REVIEW BY THE GOVERNING BODY.
THEY COULD HAVE GOTTEN THE REPORTS.
WE HAD THAT AUTHORITY UNDER CITY CODE AS WELL TO REQUIRE THOSE REPORTS, REQUIRE THE REPAIRS.
EVERYTHING THEY REQUIRE ON THE PROPERTY, WE COULD DO UNDER CITY CODE.
BUT BECAUSE WE ARE BACK HERE WITH THIS PROPERTY WITH A LOT OF THE SAME ISSUES, WE ALSO CHOSE THIS AS AN ALTERNATIVE PATH TO MAKE SURE THAT THIS PROPERTY IS PROPERLY REPAIRED.
AND THE CITY HAS ADDITIONAL OPTIONS AVAILABLE IF THAT'S NOT MET.
IF THEY DON'T TAKE THOSE OPTIONS, THEY DON'T REPAIR ACCORDING TO OUR STANDARDS OR WITHIN THE TIMELINE WE GIVE THEM.
THIS PROCESS, THE 1750 PROCESS, GIVES US OTHER TOOLS IN OUR TOOL BELT.
UNDER CITY CODE, WE WOULDN'T BE ABLE TO REMOVE THE BUILDING.
IF THEY DON'T MEET THE DEADLINES, IT WOULD JUST REMAIN CONDEMNED.
BUT BY GOING THROUGH THIS PROCESS AND GETTING GOVERNING BODY REMOVAL, FINDING THAT IT'S DANGEROUS, THAT OPENS UP THOSE ADDITIONAL AVENUES THAT WE'LL PROVIDE TO MAKE SURE THAT THIS PROPERTY GETS FIXED AND FIXED THE RIGHT WAY THIS YEAR.
JUST FOR CLARITY ON THE FORENSIC REPORT, IS THAT SOMETHING THAT THE CITY IS A PARTY TO OR THAT WE'LL GET A COPY OF THE RECORD AFTER? THE ENGINEER AND THE APPLICANT, I GUESS, NOT APPLICANT, EXCUSE ME, THE OWNER HAVE ENGAGED? IN OTHER WORDS, IS THERE AN INSURANCE IN SOME FORM THAT WILL GET AN UNALTERED REPORT FROM THE ENGINEER? YES, THE CITY WILL GET A REPORT.
WE HAVE BEEN IN REALLY GOOD COMMUNICATION WITH THE REPRESENTATIVE OF THE PROPERTY OWNER, WHO YOU'RE GOING TO HEAR FROM IN A MINUTE, BUT ALSO WITH NORTON AND SCHMIDT ABOUT THIS PROCESS AND THE CITY'S EXPECTATIONS THAT...
THE ONLY WAY WE WOULD NOT SEE THAT REPORT IF IT'S NOT PAID FOR AND THEN NORTON INSTRUMENT DOES NOT RELEASE IT.
WE DON'T REALLY HAVE CONTROL OVER THAT PART OF IT.
BUT THE EXPECTATION IS THAT IF THEY OBTAIN THIS REPORT AND IT'S FINALIZED, THE CITY WILL GET THAT REPORT SO THAT WE CAN EVALUATE THE COMPREHENSIVE PLAN THAT THEY SUBMIT ACCORDING TO THAT REPORT.
I SAW A LOT OF ELECTRICAL VIOLATIONS, NOT JUST IN WHAT YOU NOTED, BUT JUST SOME REALLY...
BLATANTLY OBVIOUS ONES THAT I'M CURIOUS IS DOES THE SITE STILL HAVE POWER TODAY? THE SITE DOES NOT HAVE POWER RIGHT NOW.
THE POWER WENT OUT WEDNESDAY, THURSDAY? LAST WEDNESDAY THE POWER WENT OUT BEFORE.
THE POWER CAN BE TURNED BACK ON BY EVERGY.
THE CITY HAS TO APPROVE THAT POWER CAN BE.
BEFORE THE CITY WILL APPROVE THAT, A LICENSED ELECTRICIAN HAS TO GO OUT AND ANALYZE IT AND MAKE SURE THAT IT IS SAFE
[01:40:01]
TO DO SO.AND I THINK THAT'S WHERE WE'RE AT RIGHT NOW.
A LICENSED ELECTRICIAN WENT OUT YESTERDAY TO MAKE AN ANALYSIS OF WHETHER IT'S SAFE TO GET POWER BACK TO THAT PROPERTY.
BUT IT HAS HAD POWER UP UNTIL LAST WEDNESDAY.
FOR THE RECORD, I BELIEVE POWER IS OUT BECAUSE THEY FAILED TO PAY THE BILL.
IS THAT CORRECT? YES, THAT'S WHAT THEY DISCOVERED.
I JUST WANT TO MAKE THAT CLEAR.
IF THE POWER DID NOT GO OUT DUE TO ELECTRICAL PROBLEMS WITH THE BUILDING, IT WENT OFF BECAUSE THE BILL WAS NOT PAID.
AND THE RISK OF THAT IS THAT THEN THERE IS NO AIR CONDITIONING IN THE BUILDING.
MOLD WILL CONTINUE TO PROLIFERATE FOR AS LONG AS THERE'S NO ENVIRONMENTAL CONTROL WITHIN THE BUILDING.
CERTAINLY THAT'S A RISK, AND I THINK WE'RE WORKING TO GET THE POWER BACK ON.
I JUST WANTED TO MAKE CLEAR WHY THE POWER WENT OUT IS NOT A FUNCTION OF THE BUILDING THAT WE KNOW OF.
IT WAS BECAUSE THE BILL WAS NOT.
I THOUGHT I ALSO SAW A FAIR AMOUNT, PARTICULARLY WITH THE STUDS.
SOME IBC STRUCTURAL VIOLATIONS AS WELL.
I'M NOT SURE, AGAIN, IF THAT'S GOING TO BE IN THE REPORT, BUT IT'S A LITTLE CONCERNING TO SEE STUDS THAT ARE ERODING.
IT SEEMS LIKE THERE COULD BE SOME STRUCTURAL CONCERNS THERE TOO.
I DO WANT TO TOUCH ON WHAT CHRIS WAS GOING, HIS LINE OF QUESTIONING.
IS THERE ANY INSURANCE CLAIMS THAT ARE CURRENTLY IN PLACE? NO.
IT'S NOT GONE THROUGH THE INSURANCE PROCEEDS LIKE A FIRE-DAMAGED HOME.
CAN I JUMP IN ON THAT LINE OF QUESTIONING, AND NOT SPECIFICALLY TO ANSWER YOUR QUESTION? WE'VE NOT NECESSARILY GONE THIS FAR DOWN A ROAD WITH THIS TYPE OF BUILDING, BUT I DO WANT TO TELL YOU, AND IT'S SOMETHING WE HAVE TO APPRECIATE AS A STAFF AND AS A COUNCIL, THIS IS A COMPLICATED MANNER.
THERE'S NOTHING WE CAN DO TO GUARANTEE THAT THIS GROUP WILL FIX THIS BUILDING.
WE'VE OBVIOUSLY BEEN DOWN THIS ROAD FOR FIVE YEARS AT THIS POINT.
WE'VE USED EVERY TOOL THAT WE'VE HAD AVAILABLE.
THIS MAY BE ONE OF THE LAST FEW, BUT WE DO BELIEVE IT IS IMPORTANT THAT IT KEEPS THE LEVERAGE ON.
AND IT DOES PROTECT THE CITY SHOULD WE FEEL LIKE WE NEED TO TAKE FURTHER ACTION IN THE REPAIR OR THE DEMOLITION OF THE BUILDING.
BECAUSE IT WILL ALLOW US TO ASSESS, THROUGH THE TAX ROLLS, THE MONEY THAT IT COSTS US TO DO WHATEVER IT IS WE CHOOSE TO DO WITH THIS BUILDING, INCLUDING THE FENCE.
WE WILL ASSESS THE FENCE COSTS AGAINST THAT BUILDING.
NORMALLY, AND I GUESS I COMPARE JUST SO YOU HAVE A CONTEXT FOR WHAT I'M KIND OF SPEAKING TO, IS THAT WHEN YOU DO THE FIRE DAMAGE, WE GET PROCEEDS FROM THE INSURANCE COMPANY.
THAT GUARANTEES THAT WE HAVE SOME MONEY IN THE BANK TO GO AHEAD AND DO THAT.
BECAUSE WHEN YOU ASSESS, THAT GOES OUT THERE.
WE'LL GET PAID, BUT I DON'T KNOW WHEN WE'LL GET PAID ON THAT ASSESSMENT, ESPECIALLY IF TAXES AREN'T BEING PAID AND ON DAMAGE PROPER, THEY OFTEN AREN'T.
AND SO WE'RE CONTINUING TO PUT THE PRESSURE ON THAT THIS BUILDING GETS BUILT.
I CAN'T TELL YOU IT'S GOING TO GET SIMPLER AT THIS POINT.
THERE'S OBVIOUSLY SEVERAL PARTIES INVOLVED, AND WE WILL INTEND AND HOPE TO WORK WITH THEM AND A REASONABLE MANAGER TO DILIGENTLY PURSUE SOME SORT OF SOLUTION WITH THIS BUILDING.
BUT WE WON'T HAVE ALL THE ANSWERS.
I'M SURE THERE'S A LOT OF PARTIES INVOLVED.
TO ANSWER SORT OF OVER ASHLEY, WE'RE NOT GOING TO KNOW ALL THOSE ANSWERS AND WE'RE GOING TO HAVE TO WORK THROUGH THOSE.
EVEN IF WE GET TO A POINT WHERE WE'VE MADE A DECISION WHAT WE DO TO THAT BUILDING, WE'RE STILL GOING TO HAVE TO WORK THROUGH THOSE ISSUES WITH ALL THE VARIOUS PARTIES.
AND TONIGHT, AS ASHLEY STARTED, I DO WANT TO REMIND YOU GUYS, THIS ROLE IS THE BUILDING ITSELF.
DO YOU GUYS THINK IT'S UNSAFE AND DANGEROUS? AND THAT'S WHERE WE WANT TO HONE IN BACK ON.
WE'RE NOT GOING TO BE ABLE TO ANSWER ALL THE WHAT-IFS ABOUT THIS PROPERTY.
AND AS WE, FRANKLY, DISCOVER THEM ON A FAIRLY REGULAR BASIS.
SO I JUST WANTED TO KIND OF REMIND YOU GUYS THAT THIS IS, THERE'S A LOT MORE TO THIS PROCESS AND YOU GUYS ALL RECOGNIZE THAT AND WE RECOGNIZE THAT AS WELL, BUT WE NEED TO SORT OF GET BACK TO THE UNSAFE AND DANGEROUS AND WE'RE TRYING TO KEEP THE LEVERAGE ON TO MAKE THIS BUILDINGS.
WITH THAT, LET'S MOVE ON TO MR. SNYDER, PLEASE.
COOL, I DON'T KNOW HOW MANY...
I'M ALWAYS WRESTLING AT THE LEGISLATURE WITH THE APPROPRIATE MICROPHONE LEVEL.
SO, WELL, GOOD EVENING EVERYONE.
DOES ANYONE NEED A SEVENTH INNING STRETCH? MY NAME IS PAUL SNYDER WITH
[01:45:02]
SNYDER PUBLIC AFFAIRS.I'M HERE ON BEHALF OF KANSAS HOTELS LLC AND LENEXA VISION.
JUST FOR A LITTLE BACKGROUND ON ME, I'M A LENEXA RESIDENT.
I'VE LIVED IN LENEXA FOR MORE THAN 30 YEARS.
I BECAME ENGAGED IN THIS IN EARLY APRIL AFTER THE COMBINATION KIND OF STARTED.
I THINK THAT STARTED ON, FOR MY PURPOSES, ON MARCH 26.
YOU KNOW, YOU ALL ARE AT LEAST FAMILIAR WITH WHERE THIS HOTEL IS.
IT'S, YOU KNOW, IN MY VIEW, AN ICONIC STRUCTURE IN LENEXA.
I, OF COURSE, SEE IT WHEN I GO TO COSTCO OR ANYWHERE IN THAT GENERAL VICINITY.
IT KIND OF, YOU KNOW, SITS ABOVE THE HIGHWAY AND IS VERY NOTICEABLE TO EVERYONE THAT MIGHT BE IN THE AREA.
AS ASHLEY MENTIONED A FEW TIMES, IT IS A VERY LARGE HOTEL.
THERE ARE ROUGHLY 300 ROOMS. I BELIEVE IT'S...
PROBABLY THE FOURTH LARGEST HOTEL IN JOHNSON COUNTY.
IT STARTED AS A AS A HOLODOME.
WELL ACTUALLY THE FIRST BUILDING ON THE RIGHT SIDE THE THE L SOFT LV SHAPED THAT WAS BUILT IN 1970.
THE TOWER THAT YOU SEE MOST PROMINENTLY WAS BUILT IN 82.
THEN THEY COMBINED THE TWO PUT A ROOF OVER IT CREATED A HOLODOME HOLIDAY AND HOLODOME.
I NEVER WENT THERE WHEN I WAS A KID.
I HAVE FRIENDS THAT HAVE TOLD ME THAT IT WAS REALLY COOL.
THEY HAD MINI GOLF AND A POOL AND EVERYTHING THAT YOU'D WANT TO HAVE.
I DID ACTUALLY HAVE MY WEDDING RECEPTION AT THAT HOTEL IN 1997, BUT I HAD NOT BEEN IN THE HOTEL SINCE THEN.
AND IF YOU HAVEN'T EVER BEEN IN THAT HOTEL, I DO ENCOURAGE YOU TO TAKE A TOUR SOMETIME BECAUSE, AS YOU HEARD, THIS IS GOING TO BE A LONG PROCESS, AT LEAST A SEVERAL-MONTH PROCESS.
SO I DO ENCOURAGE YOU TO DO THAT.
YOU CAN ARRANGE THAT, OBVIOUSLY, THROUGH ME OR WITH ANGEL OR SOMEONE ON THAT TEAM.
THERE ARE A LOT OF, IT IS A REALLY COOL INTERIOR.
I WOULD SAY THAT THERE'S MORE TROPICAL PLANTS IN THAT HOTEL THAN ANYWHERE EXCEPT FOR MAYBE FAMILY TREE NURSERY OR SUBURBAN.
AND A LOT HAVE BEEN TAKEN OUT OF THE HOTEL SINCE IT'S, YOU KNOW, CLOSED AT THE MOMENT.
BUT THERE'S LOTS STILL THERE YOU'LL SEE IN A MINUTE.
OVERALL, IT IS A FULL-SERVICE HOTEL, AGAIN, WITH 300 ROOMS. THERE'S A RESTAURANT THERE, A POOL, A FITNESS ROOM, AND IMPORTANTLY, THERE'S A LOT OF MEETING ROOMS THAT DON'T HAVE ANY VIOLATIONS THAT I'M AWARE OF, AT LEAST, THAT REALLY THAT SECTION OF THE BUILDING HAS BEEN UNTOUCHED FOR MOST OF THESE ISSUES.
OVERALL, THE BUILDING IS IN GOOD SHAPE, BUT OBVIOUSLY ISSUES TO ADDRESS, FOR SURE.
LENEXA VISION HAS AN OPERATING AGREEMENT, LEASE AGREEMENT, STARTED AT THE BEGINNING OF LAST YEAR AND GOES THROUGH THIS YEAR, BOTH TO OPERATE FULLY THE HOTEL WITH ALSO A PURCHASE OPTION.
AND AT THE TIME OF THE CLOSURE, THERE WERE ABOUT 35 EMPLOYEES THERE, SOME, INTERESTINGLY TO ME, WHEN I FOUND OUT, THAT SOME HAD BEEN THERE FOR OVER 25 YEARS THROUGH THE DIFFERENT ITERATIONS OF THAT BRAND.
WE ARE, I WOULD SAY THAT LENEXA VISION, AND I CAN'T SPEAK AS INTIMATELY ABOUT KANSAS HOTELS, BUT LENEXA VISION, LIKE I SAID, TOOK CONTROL AND STARTED OPERATING THIS HOTEL IN JANUARY OF LAST YEAR.
I WOULD SAY IT'S FAIR TO SAY THAT THEY WERE STILL GETTING THEIR SEA LEGS.
THEY HAD OPERATED HOTELS IN TEXAS, OPERATED A HOTEL IN DODGE CITY.
CLEARLY THE COMPREHENSIVE AND SOPHISTICATED STANDARDS THAT ARE HERE IN LENEXA ARE NOT SOMETHING THAT THEY HAVE TYPICALLY DEALT WITH, BUT THEY ARE NOW COMING TO THAT REALIZATION VERY, VERY QUICKLY.
I THINK ASHLEY AND THE TEAM WOULD AGREE THAT COMMUNICATION HAS GREATLY INCREASED THE LAST, I WOULD SAY, SIX WEEKS, AND WE'RE MOVING IN THE RIGHT DIRECTION.
THIS ENGINEERING STUDY THAT HAS BEEN TALKED ABOUT, AND WE CAN TALK MORE ABOUT THAT IF YOU LIKE.
IT'S ABOUT HALFWAY THROUGH WITH NORTON AND SCHMIDT, AND THEY'RE, AGAIN, PERFORMING A FORENSIC ANALYSIS, TRYING TO LOOK AT ALL ASPECTS OF THE BUILDING TO UNDERSTAND WHAT THE CURRENT ISSUES ARE, AND ONCE THOSE HAVE BEEN IDENTIFIED, THERE'LL BE REMEDIATION OPTIONS BUILT INTO THAT REPORT.
AND THAT REPORT IS NOT CHEAP, ESPECIALLY FOR A GROUP OF OPERATORS THAT HAVE HAD NO INCOME FROM THAT PROPERTY SINCE ROUGHLY MARCH 26.
REMEDIATION REQUIREMENTS COME ON.
IN ADDITION TO DOING THE ENGINEERING REPORT AS
[01:50:02]
REQUESTED, WE'VE ALSO VOLUNTARILY WITHDRAWN A LAWSUIT THAT THE OPERATORS HAD FILED AGAINST THE CITY.THAT HAS NOT BEEN FULLY APPROVED BY THE DISTRICT COURT, BUT THAT REQUEST HAS BEEN FILED, AND I EXPECT THAT'S JUST A MATTER OF TIME BEFORE IT'S OFFICIALLY WITHDRAWN.
AND THEN WE ARE WORKING TO TRY AND RESOLVE THE MUNICIPAL COURT VIOLATIONS.
AND WE ARE NOT CONTESTING ANY OF THE VIOLATIONS.
I THINK WHAT I WOULD LIKE TO DO IS PRESENT YOU WITH JUST A LITTLE BIT OF CONTEXT AS WE LOOK AT THESE.
NUMBER ONE, IN GENERAL, ROOMS THAT DIDN'T HAVE ACS THAT WORKED DIDN'T GET RENTED.
THERE WERE SEVERAL ROOMS WHEN THE OPERATORS, CURRENT OPERATORS, LENOX VISION TOOK WE HAVE BEEN WORKING WITH THE 25, THERE WERE ABOUT 50 ROOMS THAT WERE NOT RENTED AT THAT TIME, SO THAT AUTOMATICALLY TAKES THE 300 ROOMS DOWN TO ROUGHLY 250.
WHEN THEY GOT IN, THEY STARTED DOING WORK ON VARIOUS ONES, AND SO THAT INVENTORY WAS ALSO REDUCED.
AND SO ALL ROOMS DID NOT HAVE ISSUES.
ALSO, SEVERAL ISSUES, AGAIN, NOT ALL, AND I HESITATE TO SAY A PERCENTAGE, BUT SEVERAL OF THE ISSUES REFERENCED HAD BEEN ADDRESSED.
NOT THE BIG ONES LIKE THE MOLD, BUT SMALLER ONES, SOME RUSTED VENTS AND PARTICULARLY SOME OUTSIDE VENTS AND SOME OF THE CURB HERE AND THERE.
SO I GUESS I WOULD ASK YOU TO KIND OF THINK OF IT THIS WAY.
YOU KNOW, THIS IS A LARGE BUILDING AS WELL.
IF THERE WERE ISSUES ON THE FOURTH FLOOR, YOU KNOW, IN THE BACK THIRD ABOVE THE PUBLIC MARKET, THAT WOULD NOT IMPACT THE VIABILITY OF USING THIS ROOM.
AND THAT IS A LITTLE BIT OF WHAT I THINK IS THE ISSUE WITH THIS HOTEL.
SOME OF THOSE ISSUES ARE CERTAINLY IN HOT SPOTS IN THE AREA, BUT THERE ARE OTHER PARTS THAT ARE NOT AS SIGNIFICANTLY IMPACTED.
SO I'M GOING TO SHOW YOU SEVERAL PICTURES.
ALL THESE PICTURES WERE TAKEN FRIDAY MORNING.
AGAIN, AS IT WAS NOTED, THERE WAS NO POWER.
SO LUCKILY, BEING AN ATRIUM HOTEL, THERE'S LOTS OF NATURAL LIGHT IN THESE AREAS.
SO THIS IS JUST THE ATRIUM SPACE.
YOU CAN SEE CERTAINLY SOME OF THE TROPICALS.
I WANTED TO HIGHLIGHT THIS CEILING.
IT'S REALLY, IN MY VIEW, A BEAUTIFUL CEILING THAT IS THERE, ALL WOOD KIND OF ALONG THE DOMED STRUCTURE, IF YOU WILL.
AND THEN ALSO JUST OTHER ASPECTS OF THE ATRIUM.
THE POOL, THIS GUEST ROOM THAT'S RIGHT OFF THE FRONT DESK AREA.
SO THIS IS THAT ROOM THAT YOU CAN YOU CAN SEE THERE ROOM ONE.
CERTAINLY NO VISIBLE SIGNS OF MOLD.
THIS ROOM WAS NEVER ON THE LIST OF THE 50 OR 60 OR I'M NOT SURE THE TOTAL NUMBER OF ROOMS IN ANGEL'S INVENTORY, BUT THIS ONE WAS NOT ON THAT.
THIS IS A ROOM THAT'S ON THE OTHER, THE OLDER SIDE OF THE HOTEL, ROOM 743.
SETUP FOR THE ROOM THAT NO APPARENT ISSUES WITH THE ROOM.
THIS IS A PICTURE OF THAT BATHROOM OF THAT 740.
AND THEN ON THE RIGHT, JUST KIND OF ANOTHER VIEW DOWN THE NORTH SIDE TOWER THAT ENCOMPASSES BOTH THE RESTAURANT SEATING AND THEN THE OTHER PARTS OF THE TOWER ITSELF.
AND THEN FINALLY, JUST A COUPLE PICTURES AROUND THE FRONT.
I WANT TO TAKE PICTURES OF THE MEETING ROOMS, BUT WITHOUT POWER THAT BECAME CHALLENGING.
THERE'S NO NATURAL LIGHT WINDOWS IN THEM.
SO I WANT TO TALK ABOUT WHAT THE OPTIONS ARE MOVING FORWARD.
SO ONCE WE GET THE REPORT, WE'LL NEED TO, OF COURSE, ASSESS THAT.
BUT OBVIOUSLY IT IS A HOTEL TODAY.
IT CAN OPEN UP AGAIN AS A HOTEL, PROBABLY WITH THE...
THE SLIGHT CHANGE THAT A PORTION OF THE HOTEL WOULD BE ADJUSTED TO ACCOMMODATE EXTENDED STAY HOTELS STAYS.
THERE'S ALSO OPTIONS FOR THE HOTEL ON SOME OF THE TOWER AREAS TO CONVERT SOME OF THOSE LOWER LEVELS.
I THINK YOU SAW A PICTURE WHERE IT WAS REFERENCED THAT THIS HALLWAY IS UNDER CONSTRUCTION.
IT HAD BEEN DONE A COUPLE YEARS AGO.
THERE'S SOME THOUGHT OF TURNING THOSE INTO OFFICES AND CREATING SOME EXTERNAL EXITS THAT PEOPLE COULD USE.
AND THEN THE OTHER BIG OPTION FOR THE HOTEL IS TO SELL THE PROPERTY TO A NATIONAL OPERATOR THAT GOES IN AND TAKES OLDER HOTELS
[01:55:01]
LIKE THIS AND CONVERTS THEM TO LONG-TERM LIVING UNITS, WHETHER THAT BE MARKET RATE OR A FOCUS ON VETERANS OR SENIORS OR WORKFORCE HOUSING.I WOULD NOTE, YOU KNOW, ANY OF THOSE ADJUSTMENTS TO LONG-TERM LIVING WOULD REQUIRE A ZONING CHANGE FOR THAT.
AND THEN THERE MAY BE OTHER OPTIONS THAT WE'RE NOT AWARE OF TODAY.
AND I THINK WITH ANY BUSINESS...
YOU KNOW, ALL OFFERS ARE ON THE TABLE, SO IF SOMEONE COMES TODAY WITH, BUILD A DATA CENTER THERE OR AN OFFICE BUILDING, I'M SURE THEY WOULD LISTEN TO THOSE PROPOSALS.
SO I THINK MY CHALLENGE TONIGHT IS WITH THE WORDING AND THE WHOLE NOTION OF DEEMING THIS BUILDING UNSAFE AND UNINHABITABLE, BECAUSE THAT'S, IN MY VIEW, SIMPLY NOT TRUE FOR THE ENTIRETY OF IT.
PERHAPS THAT IS THE ONLY WORDING YOU'RE ALLOWED TO DO.
I THINK A BETTER WORDING WOULD BE TO DECLARE THAT THERE NEEDS TO BE IMPROVEMENTS TO THE HOTEL UNDER THE DIRECTION OF CITY STAFF.
ALSO, I WOULD ASK AS YOU LOOK AT SOME OF THESE DEADLINES OR TIMELINES IN THESE, ONE IN PARTICULAR, TWO IN PARTICULAR, GETTING THE ENGINEERING REPORT BY JULY 15TH, I I DON'T.
I THINK THE BIGGER ISSUE IS THE OPERATORS NEED MORE THAN 30 DAYS TO RECEIVE THAT REPORT, DIGEST IT, UNDERSTAND WHAT THE SCOPE OF WHAT THEY NEED TO DO, GET PROPOSALS BACK THAT MIGHT DICTATE WHAT SOME OF THAT WORK LOOKS LIKE, AND GET THAT TOTAL DOLLAR AMOUNT TO DETERMINE WHETHER THAT'S SOMETHING THEY CAN FINANCE.
THEY'LL HAVE TO HAVE CONVERSATIONS WITH THE BANK, OTHERS.
TRYING TO DO ALL THAT WITHIN 30 DAYS IS PERHAPS VERY OPTIMISTIC.
AND THEN ALSO, SETTING A 180-DAY TIMELINE TO MAKE ALL THE IMPROVEMENTS MAY BE FINE, IT MAY NOT BE.
WE DON'T KNOW WHAT THE ENGINEERING REPORT IS GOING TO BE, AND SO WE DON'T KNOW THE SCOPE OF WHAT THAT IS GOING TO BE.
WE KNOW THAT THERE'S LIKELY GOING TO BE A NEW ROOF THAT'S REQUIRED.
THAT GENERALLY, IF WE STARTED TODAY, IS A 60 TO 90 DAY PROCESS.
WE'RE UNLIKELY, THE PEOPLE DOING THE KIND OF ENVIRONMENTAL ASSESSMENTS ARE UNLIKELY TO SUGGEST TO DO MOLD REMEDIATION UNTIL THE ROOF IS ON.
SO ALL OF A SUDDEN THAT LARGE PART OF WHAT IS WRONG WITH THIS BUILDING CAN'T BE DONE FOR 90 DAYS UNTIL A ROOF IS DONE.
THERE'S GOING TO BE CHALLENGES BUILT WITHIN THAT TIMELINE, SO I JUST ASKED FOR SOME CONSIDERATION IN ACKNOWLEDGING THAT.
I THINK THAT'S ESSENTIALLY WHAT I WANTED TO CONVEY TONIGHT, SO I APPRECIATE YOUR TIME, AND I AM HAPPY TO ANSWER ANY QUESTIONS FOR YOU.
MARK? PAUL, IN NORTON AND SMITH'S REPORT, IS THERE A FOCUS ON STRUCTURAL ASPECT OF...
THIS BUILDING, ENTIRE BUILDING, NOT JUST THE ENVIRONMENTAL ASPECT? YES, EXACTLY.
NORTON AND SCHMIDT WILL DO, THEY'RE KIND OF OVERSEEING THE PROJECT.
THAT'S KIND OF THEIR FOCUS AREA.
AND THEN THEY HAVE BROUGHT ON AS SUBCONTRACTORS A COMPANY CALLED OCCUTECH, WHICH IS DOING THE MOLD AND OTHER KIND OF ENVIRONMENTAL ASSESSMENTS.
AND THEN THEY ARE WORKING WITH LANGFORD FENDLER, WHICH IS A...
LEADING MEP FIRM, MECHANICAL ELECTRICAL PLUMBING ENGINEERING FIRM IN TOWN THAT WAS GOING TO ASSESS THOSE COMPONENTS.
AND THE POOL IS STILL OPERATIONAL.
IT'S BEEN OPERATIONAL SINCE THIS 72? CORRECT.
WAS THAT AN OUTDOOR POOL ONCE AND THEN IT BECAME AN INDOOR POOL? I BELIEVE THAT IS WHAT IT USED TO BE THE POOL FOR THE INITIAL BUILDING BUILT IN 1970.
AND THEN WHEN THE TWO BUILDINGS WERE COMBINED, IT BECAME AN INDOOR POOL.
YOU'VE SAID A FEW TIMES THAT YOU BELIEVE THERE TO BE SPACES IN THE HOTEL THAT ARE SAFE IN YOUR ESTIMATION, ESSENTIALLY.
I HAVE A HARD TIME UNDERSTANDING THAT WHEN I SAW SOME OF THE VIOLATIONS, PARTICULARLY AS IT RELATES TO ISSUES THAT CAN EASILY TRANSFER FROM ONE AREA OF THAT SPACE IN THE HOTEL TO ANOTHER.
HELP ME UNDERSTAND WHY YOU BELIEVE THAT WHEN WE SEE VIOLATIONS RELATED TO FIRE NOT BEING ABLE TO BE PROPERLY CONTAINED, MOLD THAT SEEMS TO BE GOING POTENTIALLY FROM ROOM TO ROOM WITHOUT A
[02:00:02]
CLEAR PATTERN OR SOURCE, THAT YOU BELIEVE THAT THERE'S AREAS THAT ARE SAFE IN THIS HOTEL? YES.SO MOLD IS KIND OF A DIFFERENT ANIMAL.
AND RIGHT NOW, AS I THINK THE MAYOR COMMENTED, WITHOUT POWER, YOU KNOW, THAT'S.
A BREEDING GROUND FOR FOR MOLD SO HOPEFULLY THAT THAT ISSUE WILL BE ADDRESSED UH SOON UH WITH REGARD TO THE THE FIRE ISSUES THERE ARE OF ALL THE VIOLATIONS THE 20-SOME VIOLATIONS, MOLD IS ABOUT THE ONLY ONE THAT CAN'T BE EASILY HANDLED, NOT COUNTING WHAT THIS ENGINEERING ASSESSMENT MAY FIND.
BUT PUTTING STOPPERS ON THE DOOR CAN BE DONE QUICKLY, GETTING FIRE DOOR PROPERLY ALIGNED ON ITS RACK OR A NEW FIRE, SOMETHING THAT CAN BE DONE, AND GETTING AN AUTOMATIC DOOR MACHINERY.
THERE'S LOTS OF LITTLE THINGS LIKE THAT.
VIOLATIONS STILL, CERTAINLY, WITHOUT A DOUBT.
WE CAN'T DO THEM CURRENTLY BECAUSE WE'RE ON A STOP ORDER.
BUT AGAIN, I WOULD ENCOURAGE YOU TO TAKE A TOUR OF THIS AND WALK AROUND.
AND YEAH, CERTAINLY THERE'S GOING TO BE PARTS THAT YOU WOULDN'T WANT TO BE IN.
BUT AGAIN, PEOPLE DON'T NEED TO BE IN THOSE AREAS.
THERE'S OTHER AREAS THAT THEY CAN BE IN.
I THINK PART OF WHAT I ALSO HAVE A HARD TIME WITH IS SOME OF WHAT YOU'RE SUGGESTING MAKES IT SEEM AS THOUGH THERE'S PERHAPS AN INCITING INCIDENT, THAT THERE'S A RECENT CHANGE.
BUT IT SEEMS AS THOUGH THIS HAS BEEN ONGOING FOR QUITE SOME TIME.
AND SO I GUESS I'M A LITTLE CONCERNED THAT ANY AMOUNT OF POTENTIAL RISK TO HUMAN HEALTH AND SAFETY PERHAPS IS...
THE ELECTRICAL THINGS ALONE ARE TERRIFYING BECAUSE THEY, ON FACE VALUE, SEEM AS THOUGH THEY COULD HAVE BEEN ADDRESSED AND SHOULD HAVE BEEN ADDRESSED A LONG TIME AGO.
BUT SEEING HOW I SAW SOME OF THE REMEDIATION WAS DONE IMPROPERLY, IT JUST GIVES A LOT OF CONCERN THAT THERE ISN'T A SPACE THAT IS SAFE IN THAT HOTEL IN THE WAY I'VE SEEN IT, IN MY VIEW.
CURRENT AND PERHAPS PREVIOUS, LIKE I SAID, I HAVE THE MOST EXPERIENCE WITH LENEXA VISION, DIDN'T HAVE A GOOD APPRECIATION FOR HOW THINGS ARE DONE AND SHOULD BE DONE IN LENEXA, BUT THEY UNDERSTAND THAT TODAY, AND I THINK THAT GOING FORWARD WE'LL BE FOLLOWING INSTRUCTIONS FROM THE CITY MUCH BETTER THAN THAT.
SO YOU'RE SAYING THAT THE CURRENT LENEXA VISION WOULD HAVE LET SOMETHING LIKE THIS EXIST UNADDRESSED IN A DIFFERENT CITY OTHER THAN LENEXA, AND THAT NOW THAT THEY'RE MORE FAMILIAR WITH LENEXA, THAT THEY WILL BE MORE RESPONSIVE IN WORKING WITH THE CITY TO GET THIS CORRECTED? THAT ALMOST SEEMED LIKE WHAT YOU JUST SAID.
I THINK THAT I WOULD SAY THAT THEY ARE NOT ACCUSTOMED TO DEALING WITH THIS LEVEL OF SOPHISTICATION AND PERSISTENCE OF CITY CODES, BUT THEY ARE QUICKLY UNDERSTANDING THAT.
SO DO THEY OPERATE OTHER HOTELS IN THE COUNTRY? THEY DO.
AND DO THEY THAT? THEIR OTHER PROPERTIES DETERIORATE TO THIS KIND OF CONDITION? I DON'T HAVE ANY KNOWLEDGE OF ANY OF THOSE OTHER HOTEL PROPERTIES.
IS THE PROPERTY INSURED RIGHT NOW? IT IS.
AND WHEN WILL THE ELECTRIC BILL BE PAID SO IT CAN RESTORE ELECTRICITY? THE ELECTRIC BILL HAS BEEN PAID.
WE RAN INTO THIS QUIRK THAT THE BUILDING, THE CITY CODES, CURRENT CODES, DON'T ALLOW YOU I'M NOT SURE IF IT'S A CONDEMNED BUILDING OR ANY BUILDING TO BE TURNED ON WITHOUT AN ELECTRICIAN TESTING THAT IT'S A SAFE BUILDING, EVEN THOUGH THE POWER WAS ON FOR THE FORESEEABLE, WHATEVER, THE RECENT PAST.
SO NOW THAT HAS, WE NEED TO, AND THIS HAPPENED AGAIN LAST WEDNESDAY.
THE QUICKEST WE COULD GET AN ELECTRICIAN OUT THERE WAS MONDAY, AND HE TOOK A BUNCH OF PICTURES, AND HE'S PREPARING
[02:05:01]
HIS REPORT.WHICH I EXPECT WILL BE TO THE PLANNING STAFF.
AND THEN AFTER THAT TIME, THERE'S SOMEONE ON STAFF THAT WILL REVIEW THAT, AND THEN ONCE THEY ARE SATISFIED, WE'LL ALERT EVERGY THAT THE POWER CAN BE TURNED ON.
SO I GUESS I MISSED THAT PART.
SO EVERGY, SO WHAT PROMPTED IT WAS A NONPAYMENT ISSUE, WHICH HAS BEEN ADDRESSED.
BUT EVERGY, WHEN THEY CAME UP, THEY SAW THE CONDEMNATION SIGNS, AN INTERNAL...
KIND OF PROCESS FOR EVERGY IS THAT THEY DO NOT TURN ON CONDEMNED BUILDINGS UNLESS THE CONDEMNING JURISDICTION SAYS IT IS OKAY.
IT'S AN UNFORTUNATE ISSUE THAT HAPPENED.
IT LOOKS LIKE, CAN YOU EXPLAIN A LITTLE BIT OF SOME OF THE COSMETIC WORK THAT APPEARED TO ALMOST LOOK LIKE COVERING THINGS UP OR DUCT TAPE OR...
I MEAN, IF THIS IS GRANTED, THEY JUST CAME INTO THE PICTURE, LENEXA VISION IN JANUARY OF 2025.
SO THEY WERE NOT AROUND WHEN THE PROPERTY WAS CONDEMNED FOR 10 DAYS IN 2021, BUT THEY WERE CERTAINLY AROUND IN NOVEMBER OF 2025 WHEN A LOT OF THIS STARTED.
DID THEY, I'M CURIOUS WHY THEY DIDN'T TAKE SERIOUS ACTION AND GET LICENSED.
CONTRACTORS, ELECTRICIANS, AND PLUMBERS IN THERE TO REALLY TAKE A SERIOUS LOOK BACK IN NOVEMBER, AND THEY'RE JUST NOW DEALING WITH IT NOW.
I DO KNOW THAT THEY TRIED TO SELF-PERFORM SEVERAL OF THE IMPROVEMENTS, AND THEY WERE NOT UP TO CODE.
BUT THEY UNDERSTAND NOW THAT THEY NEED LICENSED CONTRACTORS TO DO THE WORK, OR AT LEAST MOST OF THE WORK.
TO FACILITATE THIS PROCESS, WILL THE CITY RECEIVE THE FORENSIC REPORT THE SAME DAY THE OWNERS GET THE REPORT? I WOULD SAY WITHIN A DAY, FOR SURE.
I MEAN, SUPPOSING WE GET IT DURING NORMAL BUSINESS HOURS, ESPECIALLY IN THE MORNING, THEN CERTAINLY.
THE ENGINEER, WE HAVEN'T HAD A CONVERSATION.
PERHAPS THE ENGINEER WILL SEND IT BOTH TO ME AND COPY ANGEL AND SCOTT.
SO I'M GOING TO ASK YOU THE SAME QUESTION ABOUT THE GUARANTEE.
IS THE OWNER CAPABLE OR WILLING TO POST A BOND CREDIT TO MAKE SURE THAT WHATEVER OPTION THEY CHOOSE, WHICH IS, AS I UNDERSTAND IT, THAT IT ACTUALLY GETS DONE? SURELY YOU'VE BEEN THROUGH THIS BEFORE.
EXTENSIVE REPAIRS AND WHILE I'M ASKING THIS SO I HAVE NOT HAD THAT CONVERSATION WITH THEM.
WE'LL SAY THEIR MOTIVATION IS TO GET THE HOTEL BACK IN SERVICE SO THAT THEY CAN MAKE MONEY.
THEY'VE ONLY BEEN LOSING MONEY THE LAST SIX TO EIGHT WEEKS SO THEIR MOTIVATION IS TO GET THE BUILDING OPEN.
THEY CAN'T DO THAT WITHOUT MEETING, ADDRESSING THESE VIOLATIONS.
AND YOU SAY YOU'RE OPTIMISTIC ABOUT FUTURE OPPORTUNITIES.
HAS THE PROPERTY BEEN MARKETED? NOT OFFICIALLY.
THERE HAVE BEEN APPRAISALS DONE, BUT IT IS NOT CURRENTLY MARKETED FOR SALE.
PEOPLE DON'T KNOW THAT IT IS AVAILABLE FOR SALE, BUT IT'S NOT OFFICIALLY MARKETED ON A PLATFORM.
THIS IS JUST SOMETHING YOU CONSIDER.
NOW, HAVE THE OWNERS BEEN IN A SIMILAR SITUATION ELSEWHERE AND SUCCESSFULLY RESOLVED IT TO THE SATISFACTION OF WHATEVER JURISDICTION THEY'RE LOCATED IN? HAVE THEY DONE THIS BEFORE? I DO NOT HAVE KNOWLEDGE OF THAT.
COURTNEY, EXPLAIN TO ME A LITTLE BIT ABOUT WHO OWNS WHAT.
I KNOW WE HAVE LENEXA VISION, AND I KNOW WE HAVE KS HOTELS, LLC, BUT WHO IS WHO? SO, LIKE, WHO ARE THE PEOPLE INVOLVED? NO, NO, NOT THE NAMES OF THE PEOPLE, JUST, LIKE, ONE HAS A LEASE AGREEMENT.
AND ONE IS THE OWNER, LIKE, I GUESS I'M JUST TRYING TO CLARIFY THE ENTITIES INVOLVED HERE.
KANSAS HOTELS OWNS THE PROPERTY, AND THEY WERE THE OPERATOR OF
[02:10:01]
THE HOTEL.I'M NOT SURE WHEN THEY STARTED, BUT UNTIL DECEMBER 31ST OF 2024.
LENEXA VISION ENTERED A LEASE AGREEMENT WITH KANSAS HOTELS TO OPERATE THE HOTEL IN ITS ENTIRETY AND BE RESPONSIBLE FOR IT, AND ALONG WITH THAT HAS A DEFINED OPTION TO BUY THE PROPERTY WITHIN THAT TWO-YEAR LEASE.
THERE IS A LIEN HOLDER WHO I BELIEVE IS HERE IN THE ROOM.
I'M SURE THAT I KNOW WHO'S WHO IN THE PLAYING OF THIS.
IF A SALE TOOK PLACE, IT DOESN'T CHANGE WHAT WE'RE DOING, RIGHT? IT DOESN'T CHANGE WHATEVER YOU VOTE ON.
THAT WILL STILL STAND TONIGHT.
OBVIOUSLY, AS ASHLEY KIND OF SPOKE TO, THAT IS A NEW FACT THAT WE WILL WORK WITH WHOEVER IS.
TO FIGURE OUT WHAT THE PLAN WOULD BE AT THAT POINT.
BUT YOUR ACTION TONIGHT WOULD STAND AS WHATEVER ACTION YOU TAKE TONIGHT WILL STAND AND BE THERE REGARDLESS OF WHAT HAPPENS TO THE PROPERTY UNTIL LIKELY YOU GET YOUR...
LIKE, I THINK A COUPLE OF THINGS THAT WERE SAID TONIGHT IS, YOU KNOW, WE HAVE TO DECIDE...
WHETHER OR NOT THIS IS A DANGEROUS STRUCTURE, OKAY, AND IN DOING THAT, WHATEVER THE OWNERS DECIDE TO DO WITH THAT INFORMATION, THEY EITHER NEED TO FIX IT OR THEY NEED TO TEAR IT DOWN.
THAT'S NOT FOR US TO DECIDE, THAT'S FOR THEM TO DECIDE IN WHATEVER CAPACITY THAT LOOKS.
SO FOR ME, YOU KNOW, BASED ON, YOU KNOW, THE INFORMATION THAT WE'VE BEEN GIVEN, YOU KNOW, I HAVE A HARD TIME WITH FEELING LIKE THIS IS A SAFE STRUCTURE.
WITH THE ELECTRICAL, WITH THE HUMIDITY, AND THE LONGER THAT IT IS SHUT OFF OR THE LONGER THAT IT IS NOT, YOU KNOW, THAT THERE'S A STOP WORK ORDER, THE WORSE IT'S GOING TO GET.
AND I THINK THAT WHEN WE TALK ABOUT LONGER THAN 30 DAYS FOR THE REPORT AND LONGER THAN THREE MONTHS FOR A ROOF, YOU KNOW, LIKE ALL THESE OTHER THINGS AREN'T GETTING ADDRESSED.
AND SO FOR ME, WHAT THAT SAYS IS THE CONDITIONS THEN CONTINUE TO GROW AND GET WORSE.
AND SO THAT OPTION OF REPAIRING.
DIMINISHES A LITTLE BIT MORE BECAUSE IT'S EXACERBATING IN THE MEANTIME BECAUSE THERE'S EITHER CASH FLOW OR WE'RE WAITING ON A SALE OR WHATEVER THEY DECIDE AND SO FROM A GOVERNING BODY STANDPOINT UM YOU KNOW IS IT SAFE IS IT NOT SAFE IS KIND OF WHAT WE'RE DETERMINING HERE TONIGHT AND THEN THE TIME FRAME FOR WHAT THAT CAN BE SO A LITTLE BIT OF SOME OF THESE NUANCES IS MOOD LIKE I LOVE THAT THERE'S ALL THESE OPPORTUNITIES AND THE SPACE IS PRIME LOCATION IN OUR CITY.
WE JUST WANT TO MAKE SURE THAT IT'S INHABITABLE AND THAT PEOPLE ARE SAFE AND THAT, YOU KNOW, NOBODY'S GOING TO HAVE ANY KIND OF LIABILITY OR GET SICK OR DIE IN THIS AREA.
SO I THINK YOU'VE ANSWERED MY QUESTIONS, YOU KNOW.
YEAH, JUST REAL QUICK BEFORE YOU.
GO MUCH FURTHER, JUST A REMINDER THAT WE'RE STILL IN THE PUBLIC HEARING.
WE HAVE A LIEN HOLDER TO HEAR FROM, AND WE NEED TO OPEN IT UP TO OTHERS AS WELL BEFORE YOU ALL START TO DELIBERATE.
I JUST AM TRYING TO PROCESS THOUGHTS.
I UNDERSTAND THAT THE REQUEST IS ADDITIONAL FLEXIBILITY ON TIMELINE.
SHOULD THE GOVERNING BODY CHOOSE TO DETERMINE THIS IS A DANGEROUS BUILDING.
DOES THE OWNER AND OPERATOR HAVE CONCERNS WITH STAFF'S DELEGATED AUTHORITY FOR EXTENSIONS? THAT WAS THE FIRST I HEARD ABOUT THAT AUTHORITY THAT THEY COULD BE GIVEN.
I READ THE RESOLUTION, THOUGHT IT WAS SET IN STONE.
IF YOU WILL, I MEAN, CERTAINLY IT'S GOOD TO HEAR THAT STAFF HAS THAT FLEXIBILITY.
I THINK THAT THAT IS ENVISIONED MORE AROUND, YOU KNOW, SOMETHING'S DUE OCTOBER 1ST.
IT'S NOT GOING TO BE UNTIL OCTOBER 10TH. WE CAN DEAL WITH THAT.
PERHAPS TAKING A 30-DAY DEADLINE, MAKING IT A 60-DAY DEADLINE, MAY BE OUTSIDE THE SPIRIT OF WHAT FLEXIBILITY IS.
THAT YOU WOULD ENABLE THEM THROUGH PERHAPS IN YOUR RESOLUTION STATE MORE FLEXIBILITY, UNLESS IT'S IN THERE AND I MISSED IT.
[02:15:07]
OKAY.PAUL, WERE YOUR CLIENTS AVAILABLE TO ATTEND THE MEETING TONIGHT? ALL OF THEM ARE IN HOUSTON AREA.
THEY DID NOT ASK TO COME? DIDN'T THINK THAT THAT WAS IMPORTANT? I THINK THEY THOUGHT IT WAS BEST IF I COMMUNICATED WITH YOU.
NEXT WE'LL HEAR FROM MR. LEIKER, REPRESENTING WALLACE BANK, THE MORTGAGE HOLDER.
I WILL KEEP IT REALLY, REALLY BRIEF.
WE'RE GOING TO FILE A LAWSUIT IN THE NEXT SEVEN DAYS, SO THEREFORE I HAVE TO BE VERY CAREFUL ABOUT WHAT I SAY.
WE ARE GOING TO BE ASKING FOR AN EMERGENCY RECEIVER TO BE ASSIGNED.
WE ARE GOING TO BE ENFORCING OUR RIGHTS AS TO THE PROPERTY.
WE ARE GOING TO BE ASKING TO TAKE IMMEDIATE CONTROL OF THE PROPERTY, TO SAFEGUARD, SECURE IT, AND ENSURE THE PUBLIC IS SAFE.
WE ARE NOT HERE TO OPPOSE THE RESOLUTION.
I WANT TO BE CLEAR THAT WE ARE NOT HERE TO SAY WE SUPPORT IT OR OPPOSE IT.
I DO THINK YOU'RE BOUND BY DECIDING ON THE RESOLUTION OR NOT.
I WILL ACKNOWLEDGE THAT IF YOU DO CONDEMN IT, YOU IT MAY PRESENT SOME CHALLENGES IN TERMS OF IMMEDIATE STEPS TO START THE PROCESS TO EVALUATE AND FIGURE OUT HOW TO RECTIFY IT.
FOR EXAMPLE, TURNING POWER ON, THINGS LIKE THAT.
WE BELIEVE THROUGH THE RECEIVER AND THE PEOPLE WE WILL HIRE, THOSE WILL BE ADDRESSED.
IN TERMS OF WHAT YOU'RE HERE TO DO AND TO MAKE YOUR JOB EASIER, IF YOU WERE TO AGREE WITH THE RESOLUTION, WE WOULD ASK, AND YOU LOOK AT IT ON THE LAST PAGE, THAT STEP ONE BE MODIFIED TO 60 DAYS VERSUS 30.
AND YOU SAY, WHY? THIS IS AN EMERGENCY.
WHAT'S GOING ON? IT'S NOT TO STALL, BUT IF YOU'RE GOING TO GET A CREDIBLE ENGINEER REPORT, AND NORTON & SCHMIDT'S PHENOMENAL, I WILL QUESTION WITHOUT, AGAIN, I CAN'T SAY MUCH, BUT IT'S NOT GOING TO BE A CHEAP REPORT AND THEY HAVE NO MONEY.
SO I'M CONCERNED WHAT'S GOING TO HAPPEN.
SO IF WE HAVE TO START FROM ZERO TO GET THE REPORT AND GET THE PEOPLE ON THE GROUND, WE'VE HAD CONTRACTORS THERE ALREADY, BUT WE HAVEN'T HAD ENGINEERS YET.
SO IF THAT REPORT TURNS FINE, THEN THE 60 DAYS WILL BE SOONER.
BUT IF IT ISN'T, AND WE HAVE TO GET ENGINEERS ON THERE, AND WE WOULD GET A STRUCTURAL ENGINEER, YOU KNOW, WE WOULD GET EACH ONE, AND WE WOULD GET A REPORT DONE.
I DON'T KNOW THAT I CAN GET IT DONE IN 30 DAYS.
I ASPIRE TO, BECAUSE IT'S OUR MONEY ON THE LINE.
IT'LL COST $1 MILLION TO KNOCK THE BUILDING DOWN.
THE LAND'S WORTH $2.3 MILLION.
PRODUCING REVENUE IS WORTH $11 MILLION.
OUR BANKS INCENTIVIZE TO GET THIS DONE QUICK, BUT WE WOULD ASK THAT YOU MAKE STEP ONE 60 DAYS, THAT YOU WOULD MAKE STEP TWO 120 DAYS, AND THAT YOU WOULD MAKE STEP THREE 240 DAYS.
SO WITHIN EIGHT MONTHS, CONSTRUCTION WOULD BE DONE.
THAT'S THE ONE THAT WILL PROBABLY BE THE MOST DIFFICULT, BUT THAT'S THE ASPIRATIONAL GOAL BECAUSE EVERY DAY THAT IS NOT DONE COSTS MY CLIENT MONEY.
THERE'S A RATHER IMPORTANT SOCCER GAME ON THAT I'M SURE SOME PEOPLE HERE WANT TO WATCH.
SO I'D RATHER KEEP MY LIKE SIX OR SEVEN MINUTES LEFT OF THE TIME I PROMISED TO ANSWER QUESTIONS.
BUT I DO HAVE TO BE CAREFUL BECAUSE WE ARE FILING A LAWSUIT.
I'D RATHER NOT SEE PUBLIC STATEMENTS I'VE MADE IN THE ANSWER TO THAT LAWSUIT.
WE ARE GOING TO SEEK AN EMERGENCY ORDER FOR A RECEIVER.
WE ARE GOING TO TAKE POSSESSION OF THE PROPERTY.
WE ARE SEEKING TO TAKE POSSESSION OF THE PROPERTY.
AND WE AREN'T READY TO COMMIT IS IT REPAIR OR TEAR DOWN BECAUSE WE DON'T KNOW EVERYTHING YET.
THE NUMBERS SUPPORT THAT IT SHOULD NOT BE A TEAR DOWN IF IT CAN WORK BECAUSE IF A PROPERTY CAN PRODUCE $11 MILLION VERSUS JUST THE LAND AT 2.7, YOU CAN SEE WHERE THE MATH GOES.
BUT IT OBVIOUSLY IS A GOOD PROPERTY AND DESERVES BETTER THAN WHAT IS GOING ON.
AND I'M NOT SURE BASED ON THOSE PICTURES WHAT'S ACCURATE OR NOT.
THERE'S NO ONE IN THIS ROOM, BUT MAYBE ONE, THAT WOULD ACTUALLY PUT THEIR FAMILY IN THAT HOTEL RIGHT NOW.
WITH THAT SAID, AGAIN, WE CAN'T TAKE A POSITION ON IT, BUT IF YOU DO VOTE FOR THE RESOLUTION, WHICH IS WHAT IS BEFORE YOU, WE WOULD JUST ASK FOR A LITTLE BIT MORE TIME NOT TO STALL, BUT TO MAKE IT REALISTIC SO THAT WE CAN GET PEOPLE WHO NEED TO BE IN THERE AND GET A PLAN TOGETHER, INCLUDING THE RECEIVER, SO WE CAN TURN THIS THING.
WHAT QUESTIONS DO WE HAVE? DO YOU HAVE? MR. LECKER, I UNDERSTAND YOUR POSITION.
ARE YOU ABLE TO CONFIRM THAT THEY ARE ALSO DELINQUENT ON MORTGAGE PAYMENTS?
[02:20:01]
IS THAT WHY? THEY HAVE MULTIPLE DEFAULTS.I DON'T KNOW FOR SURE IF MORTGAGE PAYMENTS YET ARE ONE OF THEM.
WHEN EXAVISION IS, IN OUR VIEW, IMPROPERLY IN THEIR OPERATING AND ARE NOT THE BORROWER ON THE LOAN.
PLEASE IDENTIFY YOURSELF AND THE COMPANY YOU WORK FOR.
YOU KNOW WHAT, I SKIPPED THAT WHOLE PART.
IT'S JASON LEIKER REPRESENTING WALMART.
WE HAVE AN OFFICE HERE IN KANSAS CITY.
I BELIEVE THAT'S HOW THEY CAME TO KNOW THE BORROWERS, AND THAT RELATIONSHIP, I THINK, WAS BORN THERE.
AGAIN, I HAVE TO BE CAREFUL WHAT I SAY.
THE LAWSUIT IS A PUBLIC FILING.
IT WILL BE ON FILE IN THE NEXT SEVEN DAYS.
AVERY? CAN YOU EXPLAIN, I GUESS, PERHAPS IN LAYMAN'S TERMS, WHAT A RECEIVER? IS LIKE, I WANT TO UNDERSTAND THAT.
YOU KNOW, I'M READING ABOUT IT MYSELF.
WE DO HAVE IT IN MULTIPLE CASES.
IT IS A COURT-APPOINTED MASTER OF THE BUSINESS, IF YOU WILL.
THEY SAFEGUARD ASSETS, PROTECT THE PUBLIC, IF YOU WILL.
THE COURT ISSUES ORDERS THAT HAVE VERY STRICT REQUIREMENTS.
THERE ARE STATUTES THAT GOVERN WHAT THEY DO.
IT'S BASICALLY TO PRESERVE AN ASSET SO IT DOESN'T GET WASTED FURTHER.
DOES, IS THERE, LIKE, IS IT COLLATERAL? INVOLVED IN THIS? WELL, THE COLLATERAL HERE IS WE HAVE A FIRST RIGHT TO THE UNDERLYING PROPERTY THAT'S AT ISSUE HERE.
OKAY, JUST DIDN'T KNOW IF THERE WAS SEPARATE TO...
NO, I MEAN, YES, WE HAVE GUARANTEES AGAINST EACH OF THE INDIVIDUALS THAT HAVE BEEN IDENTIFIED HERE.
THAT'S NOT COLLATERAL, BUT IT IS EXTRA ASSURANT.
BUT THE COLLATERAL IS THE REAL PROPERTY IN THE BUILDING, WHICH, AS YOU CAN TELL, WE HAVE CONCERNS ABOUT.
EVEN IF ONE OF THE PICTURES IS ACCURATE, BUT I SUSPECT MORE THAN THAT ARE.
WOULD THE RECEIVER HAVE THE ABILITY TO MAKE THE DECISION? LIKE IF YOU WIN THIS AND IT GOES TO THIS RECEIVER THING, DO THEY HAVE? NO, THE JUDGE.
WE'LL DETERMINE IF THE RECEIVER COMES INTO PLAY.
BUT I GUESS MY QUESTION THEN IS IF WE PASS THIS RESOLUTION.
DOES THAT PERSON? THEY DON'T TRUMP YOUR, A RECEIVER CAN'T TRUMP THE LAW.
I JUST DON'T KNOW IF THEY MAKE THE DECISION TO FIX IT OR TO TEAR IT DOWN.
WHO MAKES THAT DECISION AT THAT POINT? THEY WILL MAKE A RECOMMENDATION, WHICH WE WILL THEN MAKE A REQUEST TO THE CITY, AND THAT WILL BE PART OF WHAT THE CITY IS ALREADY ASKING FOR IN THEIR STEPS.
THE IMPORTANCE OF THEM, THOUGH, IS CAN WE OPERATE A BUSINESS HERE AND CAN WE PRESERVE THE ASSET? CAN WE STOP IT FROM GETTING WORSE? JOHN MICHAEL.
JUST FROM A PROCESS PERSPECTIVE, WHAT DOES THE TYPICAL TURNAROUND LOOK LIKE FOR THIS EMERGENCY MOTION IS FILED, THE JUDGE HEARS IT, WHAT IS THE POTENTIAL GAP BETWEEN YOUR CASE BEING HEARD AND A RECEIVER BEING ASSIGNED? HOPEFULLY NONE OF THE JUDGES ARE HERE.
I WILL SAY, YOU KNOW, IF WE GET THE RIGHT ONE, TWO WEEKS.
HOW ABOUT THE WRONG ONE? FOUR WEEKS.
WE'LL ASK FOR IT ON EXPEDITED MANNER.
THEY TYPICALLY ARE GRANTED IF YOU CAN MEET THE REQUIREMENTS OF THE STAFF.
THAT TYPICALLY WILL BE THE QUICKEST PART.
THE FORECLOSURE TAKES A WHILE, EVERYTHING ELSE TAKES.
THEY OBVIOUSLY LOOK AT THE SITUATION, AND IF WE HAVE TO, WE'LL FILE AN INJUNCTION SEPARATE FROM THAT TO SEEK RELIEF.
JUDGES ARE PRETTY GOOD ABOUT UNDERSTANDING WHEN THE SITUATION CAN GET WORSE AND THAT JUDICIAL ACTION IS NECESSARY.
WE ARE SEEKING IT ON AN EMERGENCY BASIS.
AND ONE THING I OVERLOOKED, THIS IS AN SBA-GUARANTEED LOAN.
IF I WENT INTO THE HISTORY OF WHAT SBA-GUARANTEED LOANS MEAN, YOU WOULD ALL FALL ASLEEP.
TO SAY THE LEAST, THEY'RE GUARANTEEING WHAT HAPPENS HERE, WHICH IS TAXPAYER MONEY.
SO EVERYONE'S INCENTIVIZED TO MOVE QUICKLY ON THIS.
ANYTHING ELSE FROM THE GOVERNING BODY? THANK YOU, MR. LEIKER.
THIS IS STILL A PUBLIC HEARING.
IF ANYONE PRESENT WOULD LIKE TO SPEAK ON THIS ITEM, PLEASE COME FORWARD TO THE PODIUM AND BEGIN BY STATING YOUR NAME AND ADDRESS FOR THE RECORD.
YOU WILL HAVE THREE MINUTES TO SPEAK.
SEEING NONE, I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.
MOTION BY AVERY, SECOND BY, I THINK IT WAS MARK.
THOSE OPPOSED? PUBLIC HEARING IS CLOSED.
ANY FURTHER DISCUSSION ON WHETHER OR NOT...
TO ADOPT THE RESOLUTION FINDING
[02:25:02]
THE BUILDING TO BE UNSAFE AND DANGEROUS.BEING AN ARCHITECT, BEING A CONTRACTOR, I'VE DEALT WITH A LOT OF MOLD ISSUES IN MY TIME.
I DEEM THIS BUILDING UNSAFE, AND THERE'S JUST NO ANDS, IFS, OR BUTS ABOUT IT.
AND SO WE NEED TO MOVE FORWARD WITH...
WHATEVER PROCESS WE NEED TO GO THROUGH.
PAUL MENTIONED A POINTED COMMENT ABOUT NORTON AND SCHMIDT BEING A STRUCTURAL ENGINEER, AND I UNDERSTAND NORTON AND SCHMIDT IS A STRUCTURAL ENGINEER, BUT THEN THEY'RE SUBBING THIS OUT TO ENVIRONMENTAL ENGINEERS WHERE THE POINTED PERSON PROBABLY SHOULD HAVE BEEN THE ENVIRONMENTAL ASPECT WITH HVAC AND ALL THOSE ENVIRONMENTAL ASPECTS TO REMEDIATE THIS BUILDING, NOT A STRUCTURAL ENGINEER.
BUT A STRUCTURAL ENGINEER IS IMPORTANT IN REGARDS TO...
WHATEVER'S BEEN LEAKING IN SOME OF THE WOOD COMPONENTS, STRUCTURE, WHATEVER, THERE'S GOING TO BE STRUCTURAL DAMAGE POTENTIALLY BEHIND THE THINGS.
BUT I THINK THERE IS MORE IMPORTANT ISSUES IN REGARDS TO LIFE SAFETY OF THE ELECTRICAL FIRE ALARM, THE SUPERVISORY ADDRESSABLE FIRE ALARM SYSTEM.
I MEAN, THAT'S PROBABLY AN ALARM IN OUR FIRE DEPARTMENT ALL THE TIME, I WOULD IMAGINE.
BUT THERE'S SIGNIFICANT LIFE SAFETY AND ENVIRONMENTAL CONCERNS IN THIS BUILDING.
SO I, AND THEN ANOTHER POINT IN COMMENT, PAUL, YOU MADE IS YOU WANT TO GIVE US TOURS OF THIS BUILDING.
BY ALL MEANS, COME AND GIVE TOURS OF THIS BUILDING, BUT THERE'S GOING TO BE AREAS THAT YOU PROBABLY WON'T WANT TO SEE.
AND SO I PROBABLY WOULDN'T WANT TO TOUR THE BUILDING.
I THINK THE SUGGESTION THAT WE PERHAPS ADJUST THE TIMELINE, YOU KNOW, FROM 30 DAYS TO 60 DAYS MIGHT HAVE SOME MERIT, PARTICULARLY SINCE THE LIEN HOLDERS SEEKING AN EMERGENCY INJUNCTION AND AT LEAST TO MY INITIAL THINKING, ACTUALLY CONSIDERS THAT THIS IS AN ASSET THAT CAN BE SAVED.
AND SO ANYTHING THAT PERHAPS PUTS US IN A BETTER POSITION TO COME TO A RESOLUTION THAT'S MORE COMFORTABLE FOR US ALL, I THINK SHOULD BE DISCUSSED.
I THINK THAT WE STILL ARE SAFE IN THE POSITION, THOUGH, OF DELEGATING THAT AUTHORITY TO SCOTT, RATHER THAN US GETTING IN THE WEEDS ON HOW MANY DAYS EACH OF THE STEPS IS GOING TO TAKE CARE OF.
I THINK BASED ON ALL THE EVIDENCE THAT'S BEEN PRESENTED TONIGHT AND WHAT I'VE HEARD, I AGREE WITH MARK THAT THIS, I THINK, MEETS THE STANDARD OF CLEARLY AN UNSAFE.
AND DANGEROUS PROPERTY AS SET OUT BY THE NUMEROUS CONDITIONS THAT WERE PROVIDED UNDER THE INTERNATIONAL PROPERTY MAINTENANCE CODE THAT IS INCORPORATED INTO OUR MUNICIPAL CODE.
AND I THINK THE OWNER-OPERATOR HAVE HAD PLENTY OF TIME, PLENTY OF NOTICE TO DEAL WITH THIS SITUATION, AND ALL OF A SUDDEN NOW THERE'S THE URGENCY WHEN THE URGENCY...
IN MY OPINION, SHOULD HAVE BEEN IN NOVEMBER.
AND I THINK I AGREE WITH THE MAYOR'S DIRECTION THAT LEAVING DISCRETION UP TO MR. MCCULLOUGH TO HAVE ANY KIND OF EXTENSION OR FLEXIBILITY IN THE TIMELINES.
BUT I THINK THAT I'LL BE AGREEING TO THE SET DEADLINES AS RECOMMENDED BY THE STAFF.
KIND OF BACK TO WHAT I WAS TALKING ABOUT EARLIER IS THAT WHAT WE SAW IS EVIDENCE FOR THIS TO BE CONDEMNED AND DEEMED DANGEROUS AND UNSAFE.
JUST FROM THE FIRE SAFETY ASPECT, FROM THE ELECTRICAL PANELS, THESE ARE ALL THINGS THAT, IF IT'S HAPPENING IN ONE BUILDING, CAN SPREAD TO THE REST VERY EASILY, ESPECIALLY THE MOLD AND THE POTENTIAL RISK OF SOMEBODY BEING THERE.
I WOULDN'T WANT TO BE IN THERE, AND I WOULDN'T WANT MY FAMILY IN THERE.
MY CONCERN IS THAT THE LONGER THAT WE PROLONG THIS, THE LONGER IT'S OUT THERE WHERE THE DAMAGE IS EXACERBATING AND GETTING WORSE.
I TRUST THAT OUR STAFF CAN WORK WITH THE DEADLINES, BUT I ALMOST FEEL LIKE IF THE LIEN HOLDER IS ASKING FOR AN EMERGENCY...
THING FROM A JUDGE THAT MAYBE A
[02:30:04]
30-DAY TIMELINE MIGHT SPEED THAT UP TO BEGIN WITH.SO THAT'S NOT FOR US TO DECIDE TONIGHT, AND YOU CAN USE YOUR DISCRETION TO WORK WITH THEM.
I DO NOT BELIEVE THAT THIS SHOULD BE INHABITED AT THIS POINT.
GENERALLY ALIGNED WITH EVERYONE.
YOU KNOW, I'VE NEVER PURCHASED A PROPERTY WITHOUT GOING THROUGH EVERY SINGLE ROOM ON THAT PROPERTY.
I'VE ALSO NEVER PURCHASED A PROPERTY WITHOUT AN INSPECTION.
I KNOW THAT WAS KIND OF THE FAD FOR A FEW YEARS.
AND MAYBE HOTELS ARE A DIFFERENT BEAST, BUT I THINK IF I HAD WALKED THROUGH THAT STRUCTURE AS A POTENTIAL PURCHASER PRIOR TO JANUARY OF 2025, I WOULD HAVE NOTICED A NUMBER OF THINGS THAT NEEDED FIXING.
AND SO I THINK TO A LOT OF FOLKS' POINTS UP HERE, THIS IS A PROBLEM LONG IN THE MAKING AND SOMETHING THAT REALLY ISN'T ABOUT SOPHISTICATED CODE.
I DON'T KNOW WHAT SMOKING ELECTRICAL OUTLETS HAVE TO DO WITH SOPHISTICATION.
WE HAVE SUBJECTED NUMEROUS GUESTS TO THIS.
I WOULD CLOSE BY SAYING I'M THE OTHER DESIGN PROFESSIONAL ON THIS GOVERNING BODY.
AND WHAT WE HAVEN'T REALLY TALKED ABOUT TONIGHT IS THE USE OF THIS BUILDING FOR POTENTIALLY 300 PEOPLE TO ENTER AND GO TO SLEEP.
AND THE SERIOUSNESS OF FIRE CODE VIOLATIONS WHEN YOU HAVE PEOPLE WHO ARE UNCONSCIOUS IS ALSO UNACCEPTABLE.
SO WHETHER THERE'S MOLD OR THERE'S TILE THAT'S UNSAVORY OR NO MATTER WHAT THE CONDITION IS, THAT IS A DEADLY SERIOUS OFFENSE THAT I WILL NOT ALLOW TO STAND.
THE OTHER IS THE 35 EMPLOYEES.
WE HAVEN'T EVEN DISCUSSED OSHA AND CREATING A SAFE PLACE TO WORK THAT WOULD NOT CAUSE FOR RESPIRATORY INFECTIONS AND ANY OTHER LITANY OF THINGS THAT COULD HAPPEN TO SOMEONE FROM BEING PROLONGED TO MOLD FOR A LONG PERIOD OF TIME. SO FOR BOTH OF THOSE REASONS AND ALL THE OTHERS STATED, THIS IS ABSOLUTELY AN UNSAFE BUILDING AND I WANT TO PUT A PIECE OF PUNCTUATION ON IT FOR YOUR CLIENT, MR. SNYDER.
THE USE OF THE TERM ONEXIVISION CARRIES CONNOTATION AND THEY ARE NOT IN ALIGNMENT WITH USING THAT TERM. AND I HOPE THEY UNDERSTAND THAT AND CAN BE PRESENT FOR THE PROCEEDINGS FROM HERE ON. WITH THAT, I'LL TAKE A MOTION TO ADOPT THE RESOLUTION FINDING THE RADISSON HOTEL TO BE UNSAFE AND DANGEROUS AND DIRECTING SUCH STRUCTURE TO BE REPAIRED OR REMOVED.
DANG. I HEARD CHRIS AND CRAIG. ALL THOSE IN FAVOR? AYE.
[COUNCILMEMBER REPORTS ]
OPPOSED? MOTION PASSES. THERE IS NO NEW BUSINESS TONIGHT.ANY COUNCIL MEMBER REPORTS? MARK. HI, THE PLEASURE OF ATTENDING PITCH LINEXA ON FRIDAY AND STAFF JUST DID A WONDERFUL JOB. I SAW TODD RUNNING AROUND WITH HIS YELLOW VEST ON DIRECTING WHATEVER YOU WERE DIRECTING, BUT THE THING THAT ASTONISHED ME... WATER BOTTLES THE THING THAT ASTONISHED ME MOST WAS THE GREAT WORK THAT MIKE NOLAN DID AND ALL OF A SUDDEN I SEE HIM TEARING ACROSS THE PROPERTY WITH A GAS CAN IN HIS HAND TO GO FILL UP A GAS CAN SOMEWHERE, FILL UP SOME TANK. AND MIKE, YOU CAN BE COMMENDED ON YOUR HARD WORK AND EFFORT IN PUTTING THIS TOGETHER.
COUNCILMEMBER CHARLTON, I CERTAINLY APPRECIATE THAT.
THAT GAS CAN WAS TO FILL UP THE INFLATABLES FOR THE YOUTH, SO THAT'S VERY IMPORTANT.
BUT SECONDLY, I JUST WANT TO REITERATE, YOU KNOW, PITCHLINEX IS A PRIVATE ORGANIZATION THAT THE CITY HAPPENS TO BE A PART OF AND I'M HAPPY TO BE A BOARD MEMBER OF. BUT FRIDAY NIGHT'S WATCH PARTY AND THE TWO SUBSEQUENT THAT ARE GOING TO TAKE PLACE NEXT WEEK AND THE WEEK AND A COUPLE WEEKS AFTER. COULD NOT POSSIBLY HAPPEN WITHOUT THE DEDICATION OF LENEXA PD, LENEXA FIRE, THE MUNICIPAL SERVICES DEPARTMENT, AND PARKS AND RECREATION, WHO HAVE IN KIND HELPED US FIGURE OUT THINGS AND TROUBLESHOOT THINGS, NOT ONLY IN THE PLANNING PROCESS ALONG THE WAY, BUT ON THE DAY OF AND THE NIGHT OF. SO I CERTAINLY APPRECIATE THEIR EFFORTS. IT WAS NOT JUST ME.
IT IS A TON OF PEOPLE BEHIND THE SCENES DOING THIS, AND THE BOARD OF PITCH LENEXA AND ALL OF THE VOLUNTEERS WHO VOLUNTEERED THEIR TIME TO DO IT. SO THIS IS A COMMUNITY THING. THIS WAS NOT JUST ONE OR A COUPLE OF PEOPLE. THIS IS A COMMUNITY EVENT THAT IS MADE POSSIBLE BY EVERYONE. CERTAINLY, AND EVERYBODY'S DOING IT RIGHT,
[STAFF REPORTS ]
SO THANK YOU. YEAH, YOU GUYS DID A GREAT JOB. OKAY, ANYTHING ELSE, COUNCILMEMBER REPORTS? BECKY, ANYTHING FROM STAFF? JUST TO LET YOU KNOW THAT WE[02:35:01]
WILL HAVE A COMMITTEE OF THE WHOLE NEXT WEEKEND. WE WILL BE IN OUR BUDGET PROCESS WITH A BUDGET OVERVIEW PRESENTATION AT NEXT TUESDAY'S CAL MEETING. THANK YOU. THIS DOES END THE RECORDED PORTION OF THE MEETING.* This transcript was compiled from uncorrected Closed Captioning.