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Commission authorizes staff to draft waiver and insurance agreement for 118 East Wall building
Summary
The Fort Scott City Commission on Jan. 21 directed the city manager and the city attorney to work with the owner of 118 East Wall to draft a written agreement addressing insurance, an owner waiver and periodic city inspections to allow re‑opening if conditions are met.
The Fort Scott City Commission on Jan. 21 directed the city manager and the city attorney to work with the owner of 118 East Wall to craft a written agreement that would allow the owner to re‑open the property if certain conditions are met.
Commission discussions followed a lengthy presentation by the building owner and by city codes staff about repairs to the front veneer wall and a list of nine items set out in a structural engineer’s report. City‑hired engineers had raised immediate safety concerns about the front wall if it were not repaired; the building owner provided photographs, contractor statements and representations that the front wall repairs had been completed.
Commissioner Dylan Olsen moved that city legal counsel and the city manager draft a waiver and agreement addressing three elements: an owner‑signed waiver accepting liability if the building fails, proof of an updated insurance policy naming the city as an additional insured or otherwise notifying the city if coverage lapses, and city codes’ ability to enter and inspect the building at least annually. The motion allowed an alternative path: if a structural engineer signs off that the building is structurally safe, the insurance/waiver requirements would not be necessary.
Owner representatives said they had performed the front‑wall repairs and could provide photos and contractor documentation. Codes staff said the city’s hired structural engineer had not yet produced a letter certifying completion of all nine items, and that certification would clear the building if submitted.
The commission voted on the motion. Roll call in the transcript recorded: Dylan Olsen — yes; Benicki — yes; Captain Salisbury — yes; Matthew Wells — no; Tracy Dancer — yes. The motion passed.
Ending: City legal staff and the city manager will draft the proposed agreement and return it to the commission for review; the owner may supply an engineer’s sign‑off instead to achieve the same result.
