City Council - Regular Meeting

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Good evening. We will call to roll the November 4th, 2025 Hutchinson City Council meeting. Please call roll. Richardson here. Garza here. Bas here. Maggers here. Goss here. Pledge of allegiance. 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.

We have Victor Halfoon here to lead us in prayer. Let's pray. Father, we thank you for this privilege to come before your throne of grace and to uh to lift up this meeting tonight and those who are here. Lord, we ask that you would give special measure of wisdom uh and unity and guidance to each member of the council and uh and that they would make decisions that are beneficial for this community and uh and in line with your word. We thank you, Father, that we can come before you because of the uh atoning death of our savior Jesus Christ. And um and so for your glory, we ask these things, Lord, and ask your hand to be upon this meeting in Jesus name. Amen.

Amen. Amen. Thank you. Next item, please. Item number four, there are no proclamations. Item number five, petitiones, petitions, remmonstrances, and oral communications from the audience.

This is the oral communications from the audience. Please limit your remarks to five minutes and items not on the agenda. Audience members may address items on the agenda when the item is discussed by city council. Is there anyone here to speak in public comment? If you could please come to the podium and state your name and your address. Uh, my name is John Veter, address of 3400 North Waldron. Actually got some papers that might help council here. If you could hand them to the clerk, please.

There should be one for There should be one for everybody there so we can all be on the same page. I'm here today as a voice of our neighborhood. Um, we've got a couple that live at 3309 North Lake View Road. They're consistently harassing residents, blighting the neighborhood with code enforcement violations. You'll see on the final page there, current and recent pictures of their wonderful yard. Um, code enforcement's been working with them since February. Uh, I don't know that they've come to a complete resolution yet, but I know that they code enforcement has tried and tried and they these folks have been very interesting to deal with. Um, they've even spoken on social media saying that they want to wait in the garage with a shotgun for their neighbors or that they want to burn their neighbors fence down, including me. Uh, we've had some protection from abuse orders have been issued. I have taken all the measures I can. I've just constructed this last weekend another 125 ft of privacy fence. I planted 25 willow trees. Um, and these folks have now put parking lot style commercial lights on their roof pointing at the neighborhood. So, you're seeing pictures of my backyard there. That's taken at night without a flash. Um, so that's what I look at when I look out my bedroom window or I look out my kitchen window. Uh, unfortunately, the law enforcement are not able to address this because the city uh does not have any kind of light pollution or light trespass code like a lot of municipalities do. Um, I don't think that this is limited to a neighbor on neighbor sort of situation. The city typically enforces codes addressing common or shared nuisances uh usually like property blight, tall grass, trash accumulation, inoperable vehicles where multiple residents are affected rather than just one. Uh there's a petition there I walked through just down Waldron last night and collected all of those

names. I could easily double or triple that next week if you'd like me to get more names for you. It floods not just my yard, but all of our neighbors. And we no longer get the night sky. Uh it'd be great if we all played some pro baseball in our backyards, but unfortunately there's no way to to combat this or deal with this. So, I'm coming here before you council today hoping that maybe if you put yourself in our shoes, if you make a decision that upsets one of your neighbors one day and they decide to do this to you, you will not have a recourse. You will not be able to call the police. you will not be able to call the building official because we don't have an ordinance for something like this yet. So, anything that the the council can do to help this out in in my situation or in future situations for other [clears throat] people, my neighbors would be incredibly appreciative. Uh these lights went up October 18th. I don't know if there's a way to make introduce some sort of ordinance uh like a lot of other cities got uh even making it possibly effective October the 1st if that's possible since this got put up October the 15th. I just don't know what what all to do. So, I'm coming here for your help.

I thought we did have an ordinance against bleed over lights into other people's property. [clears throat] We don't. Huh. Not currently. Hm. It's common in a lot of municipalities and I talked with Mr. Lady uh somewhat about it and I I think he's got pretty good knowledge of what could possibly work or what kind of language might be helpful, but that's not for me to Right.

Is your contact information on this paperwork? Uh, it should be on a few emails that I sent to I think I sent one to you, Mr. Mayers. I can send it to you. Yeah, I think I have it, too. Um, [clears throat] I'll uh I'll see what we can't look into this and see if there's something we can do about it. So, um I know this is probably it it definitely looks like a nuisance of some sort, but um I'll just have to uh talk to um city staff and see if there's anything we can do about this. So,

I've talked to city staff a lot since since uh February, and it's We address things as they come up and this one has kind of hit a brick wall. Whereas, hey, you're going to have to buy blackout shades. Live with it. Uh, your hins may not know when to lay in the backyard. You may not be able to enjoy your patio with your friends having dinner. But, uh, this is what you're going to live with is what I've kind of been told. So, unless we can find some sort of solution. And I invite any of you over uh early morning. You want to come by around 6:00 a.m. I'll pour you a cup of coffee. Come look at my backyard. in the evening, same time. Uh Stacy can get you my contact information if you need it. And I've got I've got it all right here. So, okay. I appreciate your time.

Thank you.

I did drive by the other day um last week. It was like two days after you emailed me. [clears throat] Um I do believe that the issue that we're going to run into, like I told you, via email, is that we can't apply codes retroactively. Um and that doesn't mean that there isn't a solution. um it just means that a light ordinance code may not be the path forward here. Um so and I think that there's a because of the PFAS or PFS in place that that means city staff are going to tread very lightly um because it could always appear that we're picking sides with this issue and that sort of thing. So,

and that's why I've wanted to get together that petition for you guys so you know it's not just me. These neighbors, they said some things I can't repeat in this room. Uh, as I was collecting the signatures last night, they're pretty upset. Yeah, I think this is helpful to understand the scope of the problem that it's not just you. Um, so I I thank you for the work that you've put into this. Um, and like I said, we can always um talk about um what this ordinance might look like in the near future. Um, unfortunately, we don't have any source or a recourse for you at the moment. Um,

and even if the ordinance didn't specifically affect my situation, uh, I don't want anybody to be in these shoes in the in the future. Like I said, if you put yourself in these shoes, you got no one to ask for help for. So, if it helps somebody, it's better than nothing. Yeah. Thank you. Thank you. Is there anyone else here to speak in public comment?

Seeing none, next item, please. Consent agenda. [clears throat] Any questions or discussion from council? [snorts] None here. I'm excited about Dane Powers being on the airport advisory committee or board. Um, do we know if this gets them a full um board? If what

if this one if if DNE being or Mr. Power being appointed gives them a full airport advisory board? I'm assuming somebody will come off at the end of the year and we'll be appointing somebody else. I think there's two coming off the Okay. Okay. May reup Yeah. Thank you. I'll move to approve the consent agenda and authorize the mayor to sign. Second. Richardson, yes. Garza, yes. Fast. Yes. Maggers. Yes. Goss. Yes.

Next item, please. Item number seven, public hearing. Public hearing to approve LMN25-5, appeal of Landmarks Commission's denial of a certificate of appropriateness for the demolition of Bernard's Restaurant and Catering, generally located southeast of Blanchard Avenue and Bone Breakak Street, 2100 South Bone Break. I move to open the public hearing. Second. Richardson, yes. Garza, yes. Fast, yes. Mers, yes. Gosh. Yes.

Uh, good evening, mayor and council. Matt Williams, director of community development. I'm coming you to you tonight to present an appeal of the Landmark Commission's denial of a certificate of appropriateness for the demolition of Bernard's restaurant and catering by the city. Uh, as a reminder, Bernard's is located on both the register of historic Kansas places and the National Register of Historic Places. any project undertaken on elicit property requires review and approval before any building permits can be issued. Uh following council's decision in April declaring Bernard's to be unsafe and dangerous and directing it to be either repaired or removed, the city began a dual track process with the property owner to ensure that the structure was demolished or repaired. Both the property owner and the city have applied for demo permits on the property and have sought the necessary approvals from the landmarks commission and city council. Tonight's appeal is in response to the landmarks commission's October 9th denial of the demolition of historic property by the city. Uh, under state statute, only only the governing body is authorized to consider all relevant factors in determining whether there are any feasible and prudent alternatives to the proposed demolition. Consistent with city code, the governing body must evaluate this appeal request by determining whether such alternatives exist. Feasible and prudent alternatives are defined as those that can be reasonably accomplished and are sensible or realistic. Uh when making this determination, uh this governing body is required to consider among other factors technical issues, design issues, the project's relationship to the comprehensive plan, economic issues, and planning issues or alternatives. While the structure could in theory be rehabilitated and may qualify for federal and state historic income tax credits, the length of time the city has requested rehabilitation combined with a significant financial burden such work would impose on the property owner makes rehab unlikely. In addition, the building has been been determined to be unsafe and dangerous by the city's

building official. Uh, as stated at past city council meetings, the city was following this dual track process to ensure this structure was demolished or repaired. The city only planned to demolish the structure should the property owner fail to complete demolition of the structure before their demolition permit expired 60 days after it was pulled. Following the approval of the property owner's demolition permit at the September 2nd city council meeting, their permit was never officially pulled and no progress in the last two months has been made towards demolition on the property. City staff also received notice that R&D construction, the property owner's contractor on the project, is no longer involved with the project. Due to the lack of progress on demolition in the last two months, the city will be moving forward with the demolition should this case be approved. Uh it's recommended that the city find city council find that there are no feasible and prudent alternatives to the demolition of 2100 South Bone Break and overturn the landmark commission denial of the demolition permit. With that, I'd be happy to answer any questions. [snorts]

Any questions or remarks from councel? Um, Miss going to let Miss Bernard speak. We will. Does it Let's um see if anybody has any questions for Mr. First. Thank you.

Thank you. Good evening, council and madame mayor. Did you all look at the blueprints that I bought at the last city council meeting? Yes.

Mhm. So, those were bought because we do want to demo part of the building, but we're trying to keep the kitchen, which is so historical [clears throat] that made us qualify October the 5th and the first week in January as a state and federal landmark. So, who has had food out of that kitchen? Alabama, Diamond, Rio, Britney Spears, I have a ultimate list of food prep out of that kitchen. So, according to the diagrams that I bought you, we're going to take half of the front off and push it back. Tear all that out and tear down the north end. So, yes, we're wanting to do some some demolition. I'm not ignoring that. But we went through man and company. If you looked at those drawings, which [clears throat] you didn't mention anything about, correct? Uh, no drawings have ever been officially supplied to the city except at city council last time.

Did you get the drawings? Uh, you handed me a copy to look at at that meeting. And what were they of, sir? I'll let you speak to that. But at this current time, you don't know what man and associate drew up or anything. Mayor, she needs to address the council.

Yeah, this to Miss Mrs. Gr. I just want him to answer that question. So, I brought those to you last time to show our initiative of what we're trying to accomplish and do out there. Since we are historical, I have located volunt volunteers that are historical or just towns people that are willing to help me. [clears throat] That's all I'm asking for. Our family has been in Hutcherson over 120 years and we've gave to this community. So, by me going to Manning Company and spending $3,000 to get a diagram to keep just the kitchen, that's all I'm asking for. But we can still redo that, stay somewhat historical, and continue to cater. And I was also encouraged maybe to have a drive up window. When you go to that area, where can you eat at, Madame Mayor? Um, I'm I can't

not really any place out there. So, I have help. So, they want it demoed. So, I'm just asking for an extension for 30 days till my help can get really lined out and we can keep the kitchen and get the last particulars from man associate. I [clears throat] did not spend $3,000 for nothing. I spent it to show you all. Here it is. This is what we need done and this is what we're trying to do. But the north end, we're going to demo it. We're going to take the front part of the restaurant that was always historical, downsize that, move it back to the kitchen. So, it's not going to be a big space out there where we are demoing at on the north. I don't know if any of you know, but in years back, we had one of the biggest flea markets in the state of Kansas. When you came around that curve, not only did you see Bernard's restaurant, but you seen [clears throat] Bernard's flea market. So, I have help and I have meager funds. And I'm requesting that we do not burden the city with $47,000 to demo the building. I don't want to do that and that's not right. So we take it on demoing ourself and whoever we can get commercially to finish it, we want to do it if that makes sense. Why do I want to put 47,000? Remember in the very beginning it was said it was 400,000 then it went to 200,000. Now it's 47. [snorts] And I feel like since I put forth the effort and my team to get the architect drawings and get them down

here to show you this is what we have planned. So that's all I'm asking for is 30 more days to show you the rest of the progress of what we're trying to do out there. And since I produced paperwork, I feel like we're going to do it. But if you all want me to burden the city with $47,000, there's nothing I can do. But I don't want to do that. [snorts]

Does council have any questions or remarks for Mrs. Grass?

So, we have the drawings. [clears throat] I spent $3,000 for those from Manning Company. All I want is my little kitchen back there [clears throat] cuz Hollywood has eaten our food whether you all know it or not. Am I begging? Absolutely. There's no shame with begging as a woman. And I want to still have a woman ran restaurant in Hutchinson. How many minority businesses do we have in Hutchinson? anyone city council. It's not about being minority. It's just being a woman and like I've always said, serving good food. So if the city wants to come out weekly for the next four weeks to check on our progress and report to city council or whatever, we can show them what we're doing. So it's not like we've not done nothing. Landmark has got letters from all over the United States. 75 people wrote letters in to Matt. I asked Matt had received any letters. He said only one. I don't believe that. I talked to these people personally. California, Arizona, New Mexico, Kansas City wanting us still to stay. People may not want us to stay here locally, but we want to stay. And think about what we attacked with. Highway comes through that cuts us off. So, not only me, but all the neighbors up the road were cut short. Did they get some money for it? Yes. many many years

ago, but because of the architect plans and the national and federal nomination, it hasn't really been a year of being federal, barely. The federal came in January. The state came in October. And once again, I told you all we were selected out of 2,000 applicants. That's saying something for Hutcherson and Reno County. We're on the map just like 59 years at the Kansas State Fair. So, I feel like that we've given to the community. So, just give us 30 more days to work with our our people. I'm [clears throat] not asking for six months. I know it's the end of the year and it's like, well, here she is again, but all I'm guilty of is trying. Questions?

I mean, [clears throat] you're asking for another extension to keep trying. Well, since I have the actual blueprints now, those aren't blueprints. So, what are they? They're sketches. They're not stamped. They're not official in any way, shape, or form. Who fixed them, sir? The architect? Yeah. I didn't I can't make anything like that. They came from man and associate. I understand. And they're they're an overall sketch. They're not a they're not an actual plan showing here's the steps and here's what we can put out for bid to get this done. Okay. So, when you look at those right there, it shows where everything's going to be put at. Correct. Yes. It's very it's it's a general

scope. It's a very beginning. Here's what we're trying to do. And so there's more more paperwork that's going to come from man and associate is what I'm trying to tell you. That would that would be required. Yes. Yes. My question is after I mean I'm almost off city council. You're what now? I'm almost off city council. Yes, sir. So when I first got on city council, when I first got onto city council, Yes, sir. We came in front of city council and this has already been going on for a few years and it was we will do X if you give us six months and two or three years later it's nothing had still been done and now we're sitting here I don't know seven years in

okay and it's it's it's continuously time has not been kind to the building there's been some cleanup and whatnot but nothing has been done to physically see improvements to the building, which is really what the crux of the matter is. And now it's been a state historical location for a year, one year, correct, and federal since January. So 10 months, almost 11 months.

Mhm. But I'm not seeing anything but but just instead of actual activity happening at the building to make things happen, which would go a long way if [clears throat] if three months ago you started tearing down the north side of the building and you pulled the permit and you got the permit pulled and you did the work and you came in front of us said, "I'd really like to keep the kitchen." Wow. There's been actual physical progress at the location. The only progress I'm seeing is trying to find ways to extend it another 30 days. Give me another six months. Give me another year. I haven't asked for a year. It's been seven years at least.

So, what happened during those seven years? Um, multiple buildings got torn down, multiple buildings got put up, had people had a lot of life changes. So, family members pass away, people get sick. So, restaurant being in the restaurant business, we went through co What happened during CO? But the when was the last time that the restaurant was actively 06. Okay. So, CO did not shut down your restaurant. What do you say that again? CO did not shut down your restaurant. I'm thinking of when my sister died. Say that again now. When was the last time the building was open to the public?

Yes. It would been in 20 14. Okay. So, CO did not shut down your business. Wait a minute. So, when was CO? 2020. Okay. Hold on. So, we had to close because of CO. Please speak into the microphone.

Okay. We had to close because of CO. So the last three or four years I haven't really been around because my husband was in KU Heart Hospital dying. He's dead. He's gone. But I'm still trying. And since I bought what you called K sketches that I paid three $3,000 for, I have a little more to pay to get the rest of the paperwork is to show you we are actively doing something. The building's been totally gutted and 99% cleaned out, but you'd have to go in there to see that. There's nothing, little of nothing. What you want to say, John? Excuse me, please.

I wanted to say that. We have to thank you for all the time you've given us. It's you went out of your way. There's no excuses for for how long it's taken. The key issue was money and effort from Susie. We finally got in a sit position to start having some money. It's been about the money and we you have allowed us to go this long and it's it's a blessing and and we have to thank you. [clears throat] Period. And and by all right, you could you could take it over and tear it down and and you would be within your lines of justification because you have given us time. But there's no money. we finally are able to to generate some capital and have some money to move forward. Uh uh and we are and and I say that that if we don't do it, have it taken care of in 30 days, come tear it down and do whatever you want. But I believe that that we can generate the funds to take care of it within those 30 days. I think we can pull. Did they pay for the blueprint or the building permit today?

I don't know. I've been working at If not, it'll be I work at a funeral home. I cook there.

It'll be taken care of tomorrow morning. And I [snorts] believe we can have it taken care of within 30 days. I really do believe that. And and I if we don't without question you have all justification that you that you should then you could just tear it down because you've given us a tremendous amount of time and tremendous opportunities and without a doubt there's no discussion. There's no argument about that. Took a long time. However, we finally got a way to generate some money. got business coming, getting some business now. The fair generated a little capital, but we finally have the money to go forward and we have the money to be able to demolish it with within these 30 days. And you know, we've been dancing. We've had three city managers. And I'm I'm not making any excuses. [clears throat and cough] I'm just saying it's been a rough road all the way around. a a rough road. Something it really has. We're going to go this direction. Go this direction. We want you to do this. We want you to do that. No, we want now we need that. And dancing with no money is really tough. It's like dancing with no shoes cuz we didn't have it. We didn't have the foundation until now. And like I say, I guarantee you, we'll take care of the the building, pay for the building permit tomorrow, and we'll get started tomorrow. And again, if if it's not done in those 30 days, I'll help you come tear it down

to save the city some money. I hope you understand my frustration when I know you're when four years ago it was I guarantee you if you let us if you just give us 6 months and don't tear it down we're going to pull permits and do the structural repairs to it and then that didn't happen and then 3 months ago I want permission to tear it down myself and I'll go pull the permits make it happen and that didn't happen. It's been seven years of if you give us this we guarantee this is going to happen and it doesn't happen. There's no question. There's other structures in this city that that have been there for 15 years that are in just about as bad as shape and you know it. You know it. But but I can't argue with you. Oh,

I can't. You're right. You I mean, how come that'd be a fool to try? I mean, we haven't had anyone come in front of city council for seven years ongoing with the same issue on the same. I do apologize to all of you, but it's been rough because of co and me spending many years with my husband at the hospital couldn't leave. But don't make excuses. They're right. They're right. However, uh I don't think anybody's had the city on their tails like you've been on ours either. I would say we've been very um lenient. I I'd say you have too, but I mean, what have you got? Multiple councils.

I What have you got to lose? 30 days. What have you got to lose? Let's talk about the gains. What can you gain if in fact we can produce? Does anybody have any additional questions for Mrs. Gres? So, mayor, $47,000 is what I was told. What the bid is to demo. That's the bid. Yes. Say what, ma'am? That's the bid. Yes. Okay. And can you imagine how how Sir, please let her speak. I beg your pardon. Please let her speak on you. I'm sorry. I'm sorry. So,

am I begging? Yes. With diplomacy because I have volunteers, like I said, that are going to come out and help me demo the north end and part of the south end. According to the paperwork everybody was giving. I'm not asking but a little but to keep to keep it historical and to cook. That's all. But are we going to do some demo? Absolutely. And I told you if they want to come weekly, daily or to see, I have no problem with that. But I do not want to burden Reno County with $47,000. That's not right. That's not fair. Do I apologize for all the years and whatever? Absolutely. Very humbly. And I see you all thinking going, is this worth it? Should we do this? But I felt because of the drawings that you got showed the initiative what we're trying to do. Okay. So, if you demo the building, Madame Mayor, then what do we do next?

You still have the property. You can do whatever you want on that property, but you would have to pay that debt uh within 3 years to the city. No, that debt will have to be paid, right? But you still maintain ownership of property throughout the entire process. It's a heck of a cost. That's a heck of a price, but it's far as far uh less than the original 400,000 which you know now is a joke. So really the amount of the bid is the next item. No, the amount of the bid is not up for debate right now. What we are discussing is whether or not we're going to go through with um

the appeal for the landmarks commission. So that is the question that we are considering at the moment. Okay. So what exactly will the appeal be? Help me. The the appeal is basically do we agree with the landmarks commission or do we override the landmarks commission and allow the city to move forward with demolition of the building? Well, I beg mercifully. The landmark has been some help, but the state has done more to help us. Do you have any paperwork from the state or or anything like that in regard to, hey, we're here's the funds we're given to make this happen. Here's the

I have tons of emails with the Why do we see these things though? Then why aren't we seeing these things? I can bring them here. I mean, it's it's tonight's the night if nothing else to have it. I didn't know and I do apologize, but I can get a copy of those and show the communications. Matt knows I've comm communicated with Topeka. Correct. I I I'm asking if you've you've you've you've been approved for certain funding and credits and what not. Miss Gres, based on your project, we've approved this amount. Qualify for tax credits.

Qualifying is good. Have you been approved? But the other thing is the government took a lot of those grants and loans, but that doesn't make me stop. And I have proof from the state to Katrina Ringler. You might might want to write that name down. That's who we dealt with and the historical society. since we're historical. We've asked for help and we've reported to them back and forth. And then not only that, uh there's a lady named Megan that's on saving and danger spaces. She sent Matt a letter. Correct, Matt? Did

I'm just He asked who all Okay. Did you bring a copy of the letter? Did you bring a copy of any of of these documents or emails? No. Okay. If I had known earlier, I would have brought them with me. Okay. But we have the cash to p to purchase the building from it. Cash. Okay. Tomorrow morning, we have the cash to move forward to go to to move forward with the demo. I think that's more important than talking about do we have any this or that. We have the cash to move forward. We're going to move on to public comment. This is a public hearing. Is there anybody in the audience who would like to speak on this item? Yes, ma'am. My name is

Please approach the podium and say state your name and address. My name is Elizabeth Martin. I live at 207 East 7th Avenue. I have been Susie Bernard's friend and her sister's caregiver for a lot of years. I help her. She She's been trying very hard. She lost her husband. I know how that feels cuz I lost mine. I don't know if anybody up here has lost a person. The grief that you feel. Yes, 7 years has been a long time, but she's had a lot of grief going between then and now. She's lost a lot of business. I've helped her with I've been out there and I helped her clean. I've helped her cater. I, you know, I've tried to do everything I can for her. What I'm hearing from you guys here is just unreal. I don't understand.

Which part do you not understand, ma'am? I don't understand. There's houses sitting in this town that is three times worse than what hers is. And hers is out away from town, not in town. It's within the city limits of Hutchinson. Well, it's in the city limits, but it's still out where there isn't anything out there. There's houses. Just let her speak. I have a timer running. This is I'm giving the same five minutes for all public comment. So, all right. [clears throat and cough]

Thank you. Is there anyone else here who has not spoken yet? Any additional remarks or questions for Mr. Williams from council? Can I follow up on a couple items? Yes, please.

Um, first of all, I mean, as staff, I'd like to say it's obvious no one's going to deny that Susie has a lot of passion for the property, and we totally respect that. Um, I have reached out to the state. Uh in fact there was a money the state offered uh some of the CLGs the certified local governments earlier this year um that they hadn't used on something else and I asked them hey is this possible that we could use this for their Bernard's property um unfortunately that was not able to be used for the property but I have kept checking um I've spoken with Katrina she's up to date with this meeting tonight she knows exactly where we're at in the process Um, and then in regards to volunteers being able to demo demo the property, we would have to uh the demo permit would have to be pulled by a licensed demo contractor. So volunteers would not be able to demo the commercial property.

I was going to ask that. Thank you. I want to make sure that has there been any discussion with Miss Gres on what the total scope would look like and that might be on the architect to demo what needs to be demoed and the because it's not just a demo permit that has to be pulled because walls are getting moved. I think it's a little bit more in depth on rehabilitating the kitchen portion of the building because I does it have to be brought up to current codes. Yeah,

because it's a major it's a major alteration. It's a it's a whatever the stages or whatever it is. Correct. So once we if they were to demo part of the building, the rest of the building would have to be brought up to code. As far as I'm aware, we haven't had any discussions with man and company about the project. And like I said earlier that the plans that she presented to you at the last meeting um those have not been officially submitted. I glanced at them. I don't believe our building official has seen them.

Any additional remarks or questions for Mr. Williams? Mr. Lady, can you please go to the I like to ask you a question, please. Thank you, sir. What's your feeling about this? You're the inspector. What do you feel? I would ask you to not speak about your feelings, but just to give us the facts just so we can

Well, the facts are um you know, Matt Williams and I have discussed this uh thoroughly and and that's where we stand on it. Um I have seen the plans briefly like Matt said, he glanced at them. He gave a copy to me from the last meeting. Um I glanced at him. Um, I'm familiar with what Miss Grass wants to do with the property, but um, it's going to take a lot more planning and and a lot more work uh, before we could approve anything like that. What What would [clears throat] be your timeline for that approval if you I mean 6 months, a year?

If we got the proper plans in? Yeah. I mean, for us to be able to approve it and look at it, I mean, take days if we got the proper plans in, but but even the plans we received or looked at last meeting, they weren't even a stamped. No, they're just a set of sketches from that company just showing what what the potential project look would look like. So now, I mean, we have no contractor, we have no prints, uh, we don't have any permits of any sort. Yes. Correct. On file. So, no. Okay. Please approach the podium.

So both of them said they just glanced at it briefly. So what I sent didn't mean anything. Those are not formal. Those are drawings and I understand that they were um expensive, but those are not architectural drawings. Those are a sketch that shows what you could possibly do. Architectural drawings show where wiring is and all of the things that go into the building of what you're trying to do. They're very, very different stages.

Yes, ma'am. So that's the beginning of the phase that I tried to show you and I understand with taking part of the building down and leaving the kitchen and that the main reason we wanted the kitchen to stay man and associate came in the building walked all through it and looked at it and that's what architects do. Correct. Correct. That is that is some of the services they offer.

That's some of the service. So when he came out and looked, he was honest with me. Man and associate was frank. They're not out just to take my money. They want business, too. But they said yes. They walked off all the footage, went all through the kitchen. And I told them because of the historical part of it, that's why we want it to stay instead of just laying it all down and walking off. It is history. And that's why out of 2,000 applicants, we were accepted. So, do I want to put 41,000 in the kitchen or do I want to pay 41 or 45,000 on the demo? I'll take the kitchen. I'll take door number one. So, like Matt and the other gentleman said, if they get the right paperwork, it can and will be considered. So, like Mr. Irving said, we have the funds to do that now.

Okay. So, to give you an idea of scope on what scope of work, the electrical, the plumbing, engineering, engineering, your your current kitchen may not be up to code and might have to be almost completely replaced. Mhm. So, what you're saving all your equipment in there may not be up to par. Equipment or the actual building, sir? All of it. Probably all of it. Well, the equip the equipment's been removed and it's in storage. Okay. So, I have all the pots and pans, dishes, deep fat for all that vents. Huh? Hood vents. Yes, sir. And I have dry suppression systems.

I don't have the compression system. One step, one day at a time. There is a big um and you might drive by and look. There's a big tan building over there that is full of restaurant equipment that we have bought or either saved. And I know from the health department, it has to be up to code. I mean, you're you're demoing and basically it's going to cost you probably more than building just a new kitchen standalone small building to do this.

But I'm willing to take the risk. Instead of putting the 45,000 on the demo, I'm asking, can we keep our kitchen, demo the north, and from the paperwork you seen, we're going to take the front end, move it back. So, I'm going to downsize it. I don't want to be open to the public. All I want to do is cater. So, you ask, why would I want to cater? Cuz you can count your nickels. You know exactly how much money you have coming into your business. If I was just open to the public, you got your deep fat fryers, you got your heaters, your electric, all that's going and you're hoping to have business. I don't want that. I just want to go in and cook and go home. Let me let me talk to you about this real quick. Okay.

Sure. The prince that we're talking about, an engineer would stamp it. He will stand by those prints. Yes sir. He will make all the calculations that he made, everything he made, he will stamp it and said this is what how I want you to build this. Um that's if you would have brought us a print here and had a stamp on it, an engineering stamp on it. And that's part of the process. The other part of the process is taking it to the inspection department. Have them has to be approved by them. Yes. By the by our inspector. And there's a lot to it other than a drawing. I the drawing. But I wanted you to have some idea. Hey, this is what Bernards are trying to do. I understand that. Yes, sir.

I understand that. But just so you understand what we're talking about on a print, an engineer will stamp it. He says, "This is how it's going to be done. This is how you got to do it." And then it's got to be improved by our city inspector. Then then once you done all that process, then it then it's a real print. That You understand what I'm saying? It's a real print. You you do know we went through this four years ago. We are so far from that at this point. Um are there any additional remarks or questions between council members?

But I do want to tell Mr. Richardson thank you because I do understand the undertaking that you just said. It's quite a bit. I I get that. I know that. And that's why I went to Man Associated. Thank you all. Thank you.

I don't have any more questions. Thank you all. I move to close public hearing. A second. Richardson, yes. Garza, yeah. Bast. Yes. Mayers? Yes. Goss? Yes. Next item. Can I ask you something? What did you just all vote on? We haven't vote. We just close the public hearing.

Okay. Thank you. I'll move to approve LM25-0000005, appeal of landmarks commission's denial of a certificate of appropriateness for the de demolition of Bernard's restaurant and catering generally located southeast of Blanchard Avenue and Bone Break Street, 2100 South Bone Break, and authorize the mayor to sign. Second, Richardson. Yes. stars of

you know this is hard. I've been with you for a long time on this part of seven years I was there but I also have to represent the other citizens in this town. It's hard on me to be a city council member is not easy. Um I don't know. I think you have enough time to get this thing fixed and it's it's hard. Um I say yes. Fast. Yes. Mayors. Yes. Goss. Yes. Item number eight, ordinances and resolutions. On quote on please.

Staff will explain. I staff will explain. We have to move on to the next item. Please consider an ordinance authorizing issuance of taxable industrial revenue bonds series 2025, the Amber Hotel Project. [clears throat] Angela Richard, director of finance. I believe I have Sarah Steele on Zoom with us this evening. Um, back in February of 2023, city council passed a resolution determining advisability of issuing IRBs of $18 million for Amber Hotel LLC. This is for the construction and furnishing uh and the convention center for the Hilton in that has now been built. So now we are asking for city council to consider an ordinance authorizing the issuance of the um industrial revenue bonds. As reminders of how the process works, if approved, the city will become the lease holder of the property and Amber Hotel LLC will be the lease. This is why citizens may see the city of Hutchson's name on the parcel search for Reno County. Um because the city will become the the lease holder of the property. At the time the bonds are paid in full, the city will deed back the property. During this time, the city is not responsible for any of the expenses related to the property. The city is also not responsible for any expenses related to issuing the debt. The city is not responsible for paying back the debt in any manner as well. Um see um also as part of this uh Amber Hotel LLC is asking for a 10-year property tax abatement. Therefore, no payment in lie has been included in your packet tonight. Um, if I'm not sure if we lost Sarah still. I will answer any questions that you may have. Um,

she's still there. Okay, she's still here. She's representing Gilmore Bell who prepared the documents for Hilton. Does she have anything to add to your presentation or is she just here for questions? She's just here for questions. Okay. Just for questions. There's nothing really unique about this IRB compared to what we do for any other industrial development IRB situation. Not not at all. Everything's pretty typical on on what we'd normally do. [cough] Um I think that your explanation um was spoton and easy to understand and follow. Um so I I don't have any additional questions. There's nothing different to this than what we originally agreed to.

No, I know. But not everybody watching from home knows what we agreed to 8 months ago or whenever this was. So I appreciate her thorough explanation. Is there anybody in the audience here to speak to this item?

Um looking for a motion. I'd make a motion to approve an ordinance authorizing the issuance of taxable industrial revenue bonds series 2025. Amber Hotel project and authorize the mayor to sign. I'll second. Thank you. Richardson, yes. Garza, yes. Fast, yes. Maggers, yes. Goss, yes. Thank you, Sarah. Thank you. Item nine, new business. A, consider acceptance of a bid from Ward Davis in the amount of $47,000 for asbestous removal and demolition of 2100 South Bone Street. Is there a presentation on this or are they outside in the hallway?

It would have only have been what what you heard already. Okay. I don't have any questions. I don't have any questions either. I don't either. I would move to accept a bid from Ward Davis in the amount of $47,000 for asbestous removal and demolition of 2100 South Bone Break Street and authorize the mayor to sign. Second. Richardson. Yes. Garza. Yes. Pass. Yes. Mayers. Yes. Goss. Yes. Item 9B. Consider acceptance of a bid for W Davis in the amount of $67,500 for asbestous removal and demolition of 22 West 5th Avenue.

Good evening, city council. Jason Lady, building official. Uh, so are we on the item a 22 West? Apologies. 9B. 9B. Yeah. All right. 22 West 5th.

Uh so our recommendation for uh 22 West 5th is the staff recommends city council accept a demo bid by Ward Davis in the amount of $67,500 and authorize the mayor to sign the contract. Uh so on August 5th, 2025, uh city council passed resolution 2025 R22 finding that the structures located at 22 West 5th be unsafe and dangerous directing the structures to be repaired or removed. Council allowed the property owner 30 days to uh uh repair or demolish the condemned structures such uh subject to a required cash bond in the amount sufficient to cover the cost or removal of this uh structures by the city. On October 7, 2025, city council heard an update on the status of the structures. Uh to date, no visible progress of repair or demolition of the structures located at 22 West 5th has been made. Uh due to the lack of progress or the repair or demolition of the structures and the failure of the property owner to provide any required cash bonds, city staff uh notified city council that staff will move forward with the demolition of the structures. On October 17, 2025, uh the city of Hutchinson uh released a bid or request for bid on asbestous removal and demolition of the structures located at 22 West Fifth. In addition to asbestous removal and demolition, the project includes hauling away of all contents, signage, demolition material, removing all concrete, footings, foundations uh within the structural limits, cutting and scraping all utilities, scraping and parking lot, light pole removal, back filling the area to grade and fill with dirt is also included. uh any asbesus abatement is to commence within 45 days uh with demolition work to be completed within 120 days of the completion of the asbestous abatement. Uh so you have the analysis in front of you of the bids um

as they were tabulated. Uh the $67,500 um was was the um low bid um for this project from Ward Davis. Um and we do believe that he is a uh qualified uh demolition contractor to uh complete this project. Uh financial consideration cost for demolition would come out of the city's uh demo reserves fund. So we're not asking for any additional money uh here tonight for this project. Uh strategic alignment from this project. The demolition of the deteriorated building is consistent with the city's comprehensive plan advancing the key goals related to community appearance, public safety, and reinvestment. In particular, it supports the plan's livability since of place work frame and aligns with goal G.2.3.A. It's a key city interest corridors are attractive and inviting. Removal of the structure contributes to a safer and more visually appealing environment while encouraging reinvestment in priority areas. Recommendation action is that staff uh recommend the city council accept a bid by Ward Davis in the amount of $67,500 and authorize the mayor to sign the contract.

I have a question. the timeline for demolition. So 45 days to begin the asbestous abatement with 120 days after [clears throat] starting for the asbestous. What is the timeline for the demolition? Timeline demolition permit is good for 60 days. Okay. After the de after it's been issued after the asbestos abatement. Yes.

Okay. Um my second question was in regards to your um financial considerations section um saying this comes out of the city's demo reserves fund. Will the $67,000 $67,500 still go on uh the property as a tax lean or is this instead of going on as a tax lane? No, it would still go on as so that reserve fund is in case the owner does not pay the tax lane. Well, the reserve fund would pay for the cost of the demolition and then we would assess it to the taxes and then we assess it. Okay. Yes.

And then um if the property owner repays it, it goes back into um the demo reserve fund. Is that correct? I essentially Yeah. Okay. That was my only questions. Any additional questions from councel? No. No. Is there anybody in the audience to speak to this item? Seeing none, I'm looking for a motion. I move to accept a bid from W Davis in the amount of 67,500 for his best removal and demolition of 22 West 5th Avenue and authorize the mayor to sign. Second. Richardson, yes. Garza, yes. Bass, yes. Mayers,

yes. Goss,

yes. Item 9 C, status report on 411 South Main Street and 806 North Plum Street. So staff's recommendation on uh both these 411 South Main and um 806 North Plum Street is staff recommends the city council wait 30 days for staff to provide an update on the status of the building's ownership and uh for the potential use or restoration plans of the structures. um did if I may I'll spare you the background as the all the letters read the same on the background and the timeline of uh the August 5th date and the October 7th date um the October 17 date where we released the bid uh there was uh so on 411 South Main Street there was a bid of $528,000700 or $528,700 and the reason for the cost for a bid uh being so high. Um it's not just the the type of structure that it is. There's a uh adjacent wall in um 413 that um would have to be looked at, engineered um and probably built back. So it it appears to be a shared wall. We'd have to get an engineer in there to evaluate that and see what would have to be done and built back. So, it's a pretty costly endeavor um to go forward with this project. There's also I've talked to the owner also. There's also a couple potentials for um this property changing hands. So, um if if that's the case, a property gets sold to another owner, then we would look to the other owner to um take care of the property.

Is the [clears throat] property currently for sale? I wouldn't say the property is currently for sale, but the the property owner is interested in in it in selling it. And has he signed anything with has spoke with uh No, not that I'm aware of. I shouldn't say no. Not that I'm aware of at this point. Thank you. This is uh the exact situation I was worried about with this property with the shared wall and the cost for um analyzing it to make sure it wouldn't um fall down and ruin the other properties.

Well, maybe it'll get sold before we get to that point. Yeah, I am hopeful that um this spurs some action to sell it from the owner to somebody looking to reinvest. Um are any additional questions or remarks from council? 808 North Plum. Didn't it uh was it didn't it sell in the tax auction? Yeah, 806 North Plum.

Sorry, it it did uh sell at the U Reno County Sheriff's Tax sale. uh a new owner has plans to uh demolish the structure themselves. They will have their own uh demolition contractor come in and pull the appropriate I have spoken with the owner. So, they will come in, pull the appropriate permits, demo the building themselves, and then they have plans to uh revitalize the area. So, good.

I think this update is really exciting. I'm um I mean this is part of what we talk about, what we hope comes from these hearings is somebody is spurred into action to sell or renovate um and fix the property. Um 806 North Clement is definitely in need of revitalization and knowing the little bit of background um I'm I'm excited about that project. I have a question about another property. Do you want want me to wait for city council comments? Ask them now. Why is it there? The the 4th Avenue church near Burger King. Question. She has a question about the church on 4th Avenue next to Burger King. I have the same question.

I was going to give an update on that tonight. [laughter] But the uh I did speak with the demolition contractor this past week uh or I guess it's been a week and a half, but they did pull their um uh they did pull back on their demolition permit just because uh the bid for the asbestous came in higher on the project. Uh the asbestous removal came in higher on the project than what was anticipated. So they are not moving forward with the demolition of of that property. And we didn't get estimates on that property for the No, we did not. Okay. No, we did not.

So, that may end up on a future city council agenda. Yeah, we'll get an updated on on December 1st. Okay.

I have an update ready for it. And I will be speaking with the um demolition contractor as well and see if he uh would be willing to at least release what their bid was on the uh asbestous just so we as a city have an idea of you know what that potential cost may be. Um my concern about that [clears throat] property is there's been somebody um at least the last week when I drove by there's been somebody camping out there um in the front. Um [snorts] I was hoping that it would be remedied by the building being demoed, but um I haven't seen them out there today.

Yeah. Okay. Yeah. Yeah, they took several steps toward toward the demolition of that structure. I mean, they removed the electrical. Um, they also um removed the U gas meter out there and and they were making progress, but when the bid came in too high for the asbestous, they had to Well, I'm right there with you, mayor. I thought this this would take care of itself. Yeah. Um and it's not. So, any additional questions for Mr. Lady, thank you. All right. Thank you. The next item, please.

Item number 10, report of city officials. I'll let Greg go first today. I don't have anything. Great, Scott.

Oh, okay. Um I've had some um business owners downtown um thanking us for the efforts we've made with the homeless um in the last couple weeks. So appreciate everything we're doing down there and they really really do appreciate that. So and then um the trunk or treats that went on and the Halloween stuff was all safe. I um all the community that came, businesses um city staff I know were at several of them. I just um that was a really great community for basically a whole week and we had a bunch of of stuff going on for that. So um really [snorts] appreciate everybody that was involved um to make the these uh events safe for our children in this community. So that's all I have.

Mr. Garza.

Well, you know guys, I've been here a long time. It's not easy being in this position as a city council, but I choose to be here. here. I want to represent the people. I do the best I can. We all do the best we can. It's not an easy job. I expect my hair to fall out probably next year. It's already white. So, I just all I got to say, we just do the best we can. That's all I got. I'd like to uh make a comment commending county staff and city staff both with the United Way initiatives, but also on some side discussions I've been a part of on trying to find better ways to work together between city and county and everyone's been in the room that I've been in, [clears throat] everyone has been very open to finding new ways of of working together and there hasn't been a lot of um headbutting and so I I wanted to make sure and comment about that and the United Way thing, the contest that's been going on kind of reminded me about And that's all I have.

Um, thank you. I saw right before we came into council that the city announced that we will not be shutting off um water for late payments. Um, not indefinitely, but at least for a period of time while things are um kind of up in the air with um certain programs being funded. Um the so I actually um right before we started meeting I made a donation to the Reno County Food Bank and I encourage anybody who's able um to also make a donation um the LEAP program which is vital to so many um was announced I believe yesterday or today that it is on hold until they receive additional information. Um Mr. Vas, I would encourage you to have in the next week, in the next two weeks, um the utility program um assistance program that we've talked about for a couple of times this year, um maybe solidified and brought up to council so that we can begin that maybe for the first of the year whenever staff feels we'd be ready to roll that out. Um, uh, I would say go vote, but it's everybody's hopefully on their way and done it. Um, I don't have any additional remarks, Mr. Vas to you.

Only thing I have, I was asked by a council member, um, why 4:00 p.m. and not in the morning or not cancelled since the chamber meeting? Um, there's a conflict there and I couldn't remember at the time. I was slightly distracted, but the reason for the 400 p.m. is actually because of the water rights um the bonds for that. They need to be approved um at that at that date. Um they would not be ready at 9:00. There's still the sale is happening in the morning and so there wouldn't be enough time to can get all the paperwork together for you all to approve until around 4 p.m. That's the reason. So at least now we're all on the same page. I just forgot when I was asked. That's all I have.

Thank you. Next item. Item 10, future agenda items, inoperable vehicle discussion. Item number [clears throat] 11, adjournment. Um, before we adjourn, we do have two executive sessions. Can we start two executive sessions? Can we start with the one for Mr. Confidential data? And I'll give you the motion. You can just say I think she meant mine. Mine first. Now, you told me you wanted this other one first. Well, do the long one first, but we do. Could you both argue into the microphone, please? [laughter] Which one do you want me? The short one, please.

Okay. [laughter] They're going to have to talk about this. I'm sorry. I'll have to behave now. Um, here's the motion. Uh, I move the city council recess into executive session pursuant to the non-neglected personnel matters exception KSA754319B1 in order to discuss a performance matter involving the city manager the opening meeting to reserve the city council chambers at 6:50 p.m. second. Richardson, yes. Garza, yes. Yes.

Mayers, yes. Yes. [music] Heat.

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Heat. Hey. Hey. Hey. [music] Heat. Heat. Heat. Heat. [music] [music] Heat. Heat. [music] [music] We're back in session. Council, I want to give you the motion for the second executive session. And here it is. I move the city council recess into executive session pursuant to the confidential data relating to financial affairs or trade secrets of corporations, partnerships, trust and individual pro proprietorships exception KSA75-4319B4 in order to discuss some confidential data relating to the financial affairs

of a private entity. For how long? for 15 minutes. So that's going to be to seven five enough 75. Okay. Second. Aston Meggers. [clears throat] Richardson. Yes. Garza. Yeah. Fast. Yes. Maggers.

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Move to adjourn. Second. Richardson. Yes. Garza. Yes. Fast. Yes. Meggers. Yes. Thank you for coming.

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