Results of a routine soil test have stalled construction of a new Wendy’s Old-Fashioned Hamburgers restaurant at 701 W. Sixth Ave.
Bad weather already had slowed progress on the site, where the old restaurant was demolished Jan. 8.
“The main issue is, we had to do soil testing there, and there are pollutants in that ground and it is contaminated,” said Tod Eland, marketing spokesman for Sunset Equities of McPherson. Sunset owns both Wendy’s locations in Emporia.
The West Sixth operation formerly was the site of Meloy’s Fina Service Station.
The contaminants in the soil will need to be cleared away before anything can be built on the property. The company is applying for assistance through the Super Fund authorized by Congress for such circumstances.
“It’s a lengthy process, unfortunately,” Eland said. “There’s a lot of criteria to have it cleaned up correctly, but we’re right now in the process of just applying for those funds and waiting for them to come out and say, ‘This is the correct way to do it.’ And, of course, it has to be done by their guidelines.
“When that is done, then we can move forward.”
In the interim, some equipment that already had been ordered for the new restaurant has arrived.
“We’ve got specific Wendy’s materials that we’re having to store now,” Eland said. “They actually were on shipment.”
The soil contamination, however, gave Sunset Equities owner Gary Reiman and staff an opportunity to look at some of the latest building designs available for Wendy’s. Plans already were being considered to install digital menus and some interactive customer features. Sunset now is considering three designs and “the bathrooms are just incredible,” he said.
“There’s one design, it’s actually three stories,” Eland said. “So I guess the upside to having us delayed is that we’re getting the latest technology and the latest design, and Wendy’s is really evolving in that area fast. ... So I guess if there’s a silver lining to that dark cloud that’s hanging over that property, that’s the silver lining.”
After the demolition in January, construction was expected to be completed this spring.
Sunset Equities initially intended to remodel the building, but decided to raze and replace it with a larger restaurant. The soil contamination likely would not have been discovered during remodeling.
“It’s a little bump in that road that’s come up,” Eland said. “But gosh, you get an opportunity to make something right.”
create (anonymous) says...
What a great story, Bobbi Mlynar! I've been wondering about why everything had come to a standstill on that project. And cheers to Sunset Equities for doing the right thing by removing contaminants correctly. I've lived in places where nothing would have been done and building would have continued with no consideration at all for the environment of the place. I'm glad there is assistance available to this company.
March 19, 2008 at 2:40 p.m. ( permalink | suggest removal )
madpoet (anonymous) says...
I'm glad the owners are upbeat about the whole situation. Life throws you curve balls sometimes. How you deal with them says a lot about your character. I wish them luck cutting through the red tape and getting to go forward with their plans.
March 19, 2008 at 3:42 p.m. ( permalink | suggest removal )
MelissaE (anonymous) says...
What, exactly, is the ground contaminated with? And I promise that the EPA Superfund isn't quick. Since it was a filling station (gas station) I'm assuming it's contaminated with oil/gas, MTBE, creosote, asbestos, benzene, etc. and/or other pollutants....sure, the EPA will clean it up (in their timeframe) but guess who will pay for it until the matter is litigated? Taxpayers. Even then, the matter will be settled for less than the cost of cleanup in order to save money in litigation.
I'm sorry the matter has occurred....however, Sunset Equities isn't "doing the right thing" because they want to remove contaminants correctly--it's a free cleanup. However, I don't think the spot is large enough to be a Superfund (in size and/or amount of contamination)....but I don't have enough information to say for sure.
CERCLA: Comprensive Environmental Response, Compensation & Liability Act.
http://www.epa.gov/superfund/policy/c...
M
March 19, 2008 at 8:13 p.m. ( permalink | suggest removal )
dick (anonymous) says...
If it's so wrong now where the heck was the inspection in the beginning and if it was ok then what's so wrong now. The same-o-same with the building inspectors office. As it goes it's who and what you are. "It's all about the system.'
March 20, 2008 at 9:44 a.m. ( permalink | suggest removal )
Steve_Corbin (anonymous) says...
Here it is almost 9 months later, and still a hole in the ground that kids play around on their way to and from school. No fencing. What are the laws and city codes pertaining to this? How about a complete follow-up?
Steve
December 29, 2008 at 5:50 a.m. ( permalink | suggest removal )
methusla (anonymous) says...
For what its worth, I am just guessing, but the ground may be contaminated with possibly both lead and benzine, since the service station that was there sold gasoline that contained both lead and benzine as the gasolines of today still contain benzine and are supposedly lead free.
Just as a side note to the Clean Air Coalition, the benzine that may possibly be contaminating the ground at the old service station and Wendys site and is also an additive that is added to tobacco products that make the smoke (Unhealthy) and is still a pollutant found in vehicle exhaust emissions. Have you ever wondered why gasoline has that particular solvent type smell. Hmmmmmm, just might be the benzine.
Just thought the CAE might want to know !
December 29, 2008 at 9:19 a.m. ( permalink | suggest removal )
methusla (anonymous) says...
Also, since I have taken a couple of days to de-stress, I have decided to re-enter the smoking ban debate and I don't know whether the Clean Air Coalition or the CAE and its followers know it or not but just to add this bit of info to the above post.
Benzine is a known cancer causing agent and as I have said before it is an additive that is added to tobacco products during the manufacturing process. So you see people who smoke are not the cause of unhealthy smoke, the people who manufacture the tobacco products are the ones responsible for producing an unhealthy product and by product when their product is used. Also as I stated in my previous post Benzine is also a polutant found in both gasoline and vehicle exhaust emissions.
So you see smoking and SHS are not the only polutants that may be " UNHEALTHY".
December 29, 2008 at 9:30 a.m. ( permalink | suggest removal )
Paccifier (anonymous) says...
Do we really have to turn everything into a thread about the smoking ban? Wonder how that article on the young lady and the sewing competition can be corrupted
/
December 29, 2008 at 12:55 p.m. ( permalink | suggest removal )
Paccifier (anonymous) says...
Oh, and forgot to add LOL on the end
December 29, 2008 at 12:58 p.m. ( permalink | suggest removal )
methusla (anonymous) says...
Paccifier, Just thought the smoking ban advocates should know that smoking and smoke is not the only polution or contamination problem in Emporia.
December 29, 2008 at 1:59 p.m. ( permalink | suggest removal )
Paccifier (anonymous) says...
I know, Was just joking with you,
December 29, 2008 at 2:31 p.m. ( permalink | suggest removal )
mythoughts (anonymous) says...
Personally, I'm pretty miffed about the slow action at the Wendy's site. It's an eyesore, and an accident waiting to happen. Did you see the standing water there this summer? What did that do for the mosquito population along that block, I wonder. I am really P.O.'d at not being able to go for a chili potato this winter, or a small Frosty last summer.
December 29, 2008 at 3:41 p.m. ( permalink | suggest removal )
Steve_Corbin (anonymous) says...
paccifier:
I brought this article back from the graveyard specifically because of the smoking ban debate. You see the business used to be owned by a member of Clean Air Emporia. It may still be. If she can stick her nose into my business then turn about is fair play don't you think? That is why I raised questions about federal leins and or fines involved with all persons involved with this property, past and present.
Let's air it all out shall we?
Steve
P.S. And it still needs to be fenced off!
December 29, 2008 at 3:56 p.m. ( permalink | suggest removal )
Pollyanna (anonymous) says...
Methlusa
I do understand the point to your post, we as consumers should attack the people who manufacture tobacco. However, when I read it, it seemed as though you are claiming that the smoker is a blameless victim in the scheme of things. So should we blame the people who create ammunition for guns when guns fired by people kill others? Should we blame the people who created transfat and lard as to our obesity problem? The fact that you mentioned that benzene is a known carcinogen and can cause cancer leads me to believe it is not healthy. Yet people claim that SHS is not a problem?
I've read all the posts and have pretty much kept quiet since it seems that if someone pipes up in favor for the ban, they are immediately pounced on by those who are so vehemently opposed. I understand for many people in Emporia at the core this is a rights issue, but to another large sect of people it very much is a health issue. Not the country club brigade, Walters warriors, CAE nazzis or whatever horrific terms advocates of the ban have been shamelessly labeled. Just regular, intelligent folks who want something better for our health and that of our families.
December 29, 2008 at 4:03 p.m. ( permalink | suggest removal )
neighbor (anonymous) says...
Guess the building codes were much more lax back in the 70's when the old building was built. I toured it in middle school right after it opened in 77-78? How much of the ground contamination can be blamed on the other former gas station across the street to the North where the recycling center currently operates? How many other former gas station sites are contaminated, how many sites are there around Emporia?
I have been expecting the kids in 4X4's to turn it into a mud bog.
December 29, 2008 at 4:39 p.m. ( permalink | suggest removal )
oh4theluvof (anonymous) says...
Pollyanna,
I respect your statement about not wanting to be pounced on, but I do have a question for you. Whose health is really going to be protected by this ban? I understand that on the surface, being a city-wide ban, it would appear that it is the whole city's health. Stop and think about this for a few minutes though: smokers will continue to smoke, just outdoors, in their cars or at home; most of the restaurants where families go are already voluntarily smoke free and the ones that aren't have a pretty decent distance between the two sections; there is a bar only already that is smoke free; all employees know before they accept any job if they will or won't be exposed to smoke. So, my young family that needs to be protected from SHS already is. This ban does nothing for my family or any other family that I know. It does not restrict parents from smoking in homes or cars with their children and it does not protect children from the SHS in bars('cause they already aren't there). I need someone to give me a practical answer as to who this ban protects who isn't already protected? Maybe you can answer that for me, I don't know.
December 29, 2008 at 4:52 p.m. ( permalink | suggest removal )
Pollyanna (anonymous) says...
oh4thrluvof
Thank you for framing your question in an intelligent, reasonable manner. I guess I'm referring to my personal health as well as my kids. Several instances I can recall leaving restaurants/bars with my kids because the smoke was too thick. Bruff's being one. Kids wanted their chicken fingers and hubby and I wanted a steak. It was our choice to go there, people are correct that's a choice I made. However, we were seated next to someone smoking a cigar. We got our drinks and couldn't breathe, so we cancelled our order and left. Again, our choice, but I would have loved to stayed and spent my money there.
We also go to Town Royal EVERY St. Patricks Day. We love the vibe and bagpipes. We used to hang there quite a bit until quite frankly, we couldn't take it! I don't know if Mr Corbin misses my money, my guess is no, but I'd certainly spend way more money and time at any of these places if the air were cleaner.
It's the same old argument, replayed over and over again. Smokers hate the idea of being told they can't smoke in public anymore and people who support the ban aren't all necessarily eletist do gooders who hate smokers. I am looking forward to a public vote and hope that once that does happen, both sides can be at peace with whatever the outcome.
It's not only non-smokers who may be supporting the ban. I have been known to light up on occasion after a few cocktails. Taking it outside out of respect of everyone else I am around is a no brainer to me.
December 29, 2008 at 7:29 p.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
This ban does not address the real problem.
Most of us can very very very very easily keep ourselves and our children from the hazards of shs but a little known fact is there is a group of people hired by the government that forces many many many many many many young families with unusually young children into smoke filled bars to drink above average amounts of leaded gas. I know I know I know! "How are you aware of this organism of the government?" Well Well Well let me tell you how. I am part of a vigilanty group called "N.Y.D." or "No You Diant" for short. We used to get the antidote(a banana) to the young childrens just before their gizzards erupted. Am I some kinda hero or something? You could say that, I know I do. So anyway about the ban....or Wendy's......wait. What?
If you dare to even think about maybe questioning my factazoids you can see for yourself and your relatives at the aforementioned to web address that is shortly to be following this sentence but remember it is a top secret web page so you will have to fill out a survey in order to understand the content of said page and now I will type it out for you WWW.noyoudiant.banana
I must warn you however that the sight of a young erupted gizzard does cause tooth decay if you have athletes foot.
Oh, about the article, I can't wait to use these incredible bathrooms mentioned in the story. I wonder if they will cost moneys to use them?
December 29, 2008 at 7:38 p.m. ( permalink | suggest removal )
wyse_guy (anonymous) says...
How was the first wendys built there without all the same problems? Was somebody paid off to cover it up? Why is there no fence up around the entire site it is a construction site is it not? Dont expect the clap to do anything even though walters profited from the very same site. Who inspected this place when it was sold? Do they test the soil everytime a building is tore down and before someone rebuilds or did someone tip them off that the soil had something wrong with it? Did the last owners have knowledge of this and knowing that if the building was torn down they would not be able to rebuild without problems? But hey with all the honesty in this world I dont see that happening.
December 29, 2008 at 7:46 p.m. ( permalink | suggest removal )
oh4theluvof (anonymous) says...
Pollyanna,
The Bruff's scenario you described seems a bit off to me. Does it not have smoking and non-smoking sections? I haven't been there since it was Noah's and back then there was plenty of room to get away from the smoking section. If they don't have to comply with the smoking section rule because they are primarily a bar, I would suggest putting in a request to the owners that they implement that at least during certain hours of dining. Beyond that, I'm afraid I still don't see much to your position except wanting to have it all. Sorry to be so blunt and I promise I don't mean that as an attack because you have acknowledged the personal choice factor. We teach our kids to share toys that actually belong exclusively to them, but we don't seem to understand how to share freedoms that belong to us all collectively as well us to each of us individually. Freedom isn't exclusive--it's inclusive, meaning we all have to compromise bits and pieces for each other. For instance--which is worth more to you, the bagpipes and vibe, or to completely avoid SHS (btw, shs for a couple of hours has virtually no health ramifications to healthy lungs). Since you will smoke firsthand, I don't see why it's such a big deal to breathe shs during those holidays and such. I certainly don't see how it is worth taking established business away from anyone's livelihood to let a few people have everything they want or tell one set of the population that the other set's preference is more important than their own. I don't smoke and I never will, but I don't mind if other people do, as long as I know where they are so I can not be there or be on the far side of the smoking section. I grew up with smokers in my extended family who, like you, took it away from everyone else, getting out of children's sight completely. I have had friends that smoked who never expected me to stand with them when they did--not that hard to excuse myself from the area for a few minutes while they had their smoke. I just don't see how it's right to change that taking turns and sharing practice.
seriously(still-not-funny).....................................................You make my head hurt!
December 29, 2008 at 8:14 p.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
Oh4theluvof(not answering questions)
Are you avoiding my question?
Do you or do you not think they will charge for the use of the incredible restrooms at the new Wendy's?
I try to bring the discussion back to the topic of Wendy's and I get attacked for askimg a legit question? I don't understand the hostility? My cheeks are moister than before I read your comment.
December 29, 2008 at 8:26 p.m. ( permalink | suggest removal )
oh4theluvof (anonymous) says...
seriously(grammatically challenged)
Putting a question mark at the end of a row of words does not make it a question. You said,"I wonder if......." That is a pondering statement, not a question. You should really watch more Looney Tunes. I'm so sorry I made you cry, but brace yourself. I DON'T KNOW!!!!!!!!! You would have to ask Tod Eland--he was the one who got all excited about them in the first place. And what is up with your bathroom obsession--no hostility, just outrageously frightened. I am trembling more now than I was before I read your comment.
December 29, 2008 at 9:01 p.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
oh4theluvof
You don't know? My question was what do you "THINK". You don't know what you think? I don't know why I care what you think but I am curious. OK?
My "obsession" with restrooms is that I use them. On average people use the restroom a certain amount of times during any given day. Maybe with these incredible Wendy's restrooms that number could increase or maybe if they are that incredible decrease. I'm sure now that I have cleared that up for you, you can see where I'm coming from.
December 29, 2008 at 9:17 p.m. ( permalink | suggest removal )
methusla (anonymous) says...
Pollyanna- Yes I am saying that those people who smoke are in a sense blameless for the chemicals that are found in SHS and tobacco products, just as those who drive a vehicle are in a sense blameless for the polluting contaminates that are in vehicle exhaust emissions.
But the Clean Air Coalition and CAE can only complain and try and punish those who purchase and use a product that is a legal product, instead of going after and punishing the ones that are producing a product contaminated with chemicals added during the manufacturing process, namely the Big Tobacco Companys.
I am also saying that with the uncountless number of products, etc. that have the potential to cause harm, it is very unfair and wrong to single out, attack and ban only one of the many products and by products and people who use these legal products in their everyday life.
December 29, 2008 at 9:43 p.m. ( permalink | suggest removal )
oh4theluvof (anonymous) says...
seriously (making my head hurt so badly)
at 7:38 p.m: "I can't wait to use these incredible bathrooms mentioned in the story. I wonder if they will cost moneys to use them?"
No mention of what anyone thinks. I foolishly went back to the original question when I answered, "I don't know." I can't say what I was thinking when I did that other than maybe..................Logically.
To answer what I think, "I DON"T CARE if they will charge money to use the "just incredible" bathrooms or not.
As for "clearing things up" for me, maybe you will have better success at that after taking a crash course in English grammar. I believe a book was written just for you: English Grammar for Dummies. (I am not implying anything. That's the actual title.....and I'm just coming right out and saying it)
http://www.amazon.com/s/ref=nb_ss_gw?...
December 29, 2008 at 9:44 p.m. ( permalink | suggest removal )
methusla (anonymous) says...
Here's another thought on the old service station, Wendys site.
If the contamination is what I suspect it to be, isn't there a law or something that says the contamination, if hazardous, the area needs to fenced of and posted as a hazardous site or something along those lines ?
December 29, 2008 at 9:49 p.m. ( permalink | suggest removal )
oh4theluvof (anonymous) says...
Back to Steve's original point, I agree that the "health police" in this town could do a little more to deal with existing problems or enforcing existing statutes (like fenced off construction holes) rather than creating problems that aren't there.
Methusla, great point about the benzene(shs or car exhaust) being the culprit, not the consumer.
December 29, 2008 at 9:55 p.m. ( permalink | suggest removal )
oh4theluvof (anonymous) says...
I'm sorry, my post should have read, "(like fencING off construction holes)"
December 29, 2008 at 9:56 p.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
oh4theluvof
"So your saying there's a chance?"
December 29, 2008 at 9:57 p.m. ( permalink | suggest removal )
oh4theluvof (anonymous) says...
seriously(twisted)
A chance for what?!?!?!? AAAAAAAAHHHHHH!!! What are you talking about? Yaaayyyy, darknessss!!!
December 29, 2008 at 10:09 p.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
SSSHHHUUUUUUUUUUUUUUN the nonbeliever.
The CAE or the health police cares not for the Wendy's marsh because it's not on their side of town and doesn't affect them. What difference does it make to them if some "poor" kid walks there and plays in toxic soil? As long as their steak dinner isn't interupted by some smoke.
They probably don't want the new Wendy's at all because the restrooms will be better than their Wendy's restrooms.
December 29, 2008 at 10:25 p.m. ( permalink | suggest removal )
Steve_Corbin (anonymous) says...
Pollyanna;
Your experience at Bruff's with the cigar smoker was not good, I agree. Couldn't you have asked the staff to move your family or the smoker to a different table? I am a smoker but don't like cigar smoke, I try to avoid it. I have been to Bruff's on several occasions with a packed house and have never noticed a smoke problem, maybe due to good air handeling units. As far as the Town Royal goes it is a stand alone bar, with no food served. IT IS SMOKEY!
I KNOW THAT. We do what we can to keep the air circulating and the smoke exhausted. And usually when the bag pipers are there all of the doors are open. We started to bring the pipers to town as part of the St. Patrick's Day Parade. Then they would come back to the bar to entertain the customers. It has always been great fun. It is also quite expensive. However this year our sponsership for the parade and the pipers is one of the things that could be on the cutting board due to the economy and this proposed ban, which WILL affect my business. I hope we can continue the tradition but it, (like the smoke) is up in the air.
Steve
December 30, 2008 at 8:31 a.m. ( permalink | suggest removal )
Steve_Corbin (anonymous) says...
And the site needs to be fenced. Why does the owners insurance company let this go?
December 31, 2008 at 6:39 a.m. ( permalink | suggest removal )
Steve_Corbin (anonymous) says...
If the City and/or county require a fence around a lagoon because of health and safety issues, why wouldn't this apply to contaminated soil?
Just wondering, has anyone from the gazette called the Kansas dept. of health & envirornment with this question?
Steve
January 1, 2009 at 1:25 p.m. ( permalink | suggest removal )
soggy (anonymous) says...
Steve,
Kansas dept. of health & envirornment is to busy to worry about the Wendys site. They are out doing inspections of lagoons in the county. While doing this they are causing the county residents alot of headaches with little mickey mouse violations. So if you have a lagoon and have not been inspected yet, make sure you have nothing growing in the lagoon (grass, cat tails ect) no trees shading the lagoon,must have a certain height chain link fence with a gate with a lock and the list goes on and on.
If they do make them put up a fence at Wendys, I wouldnt be suprised to see a bright orange snow fence. A bright orange snow fence isnt acceptable for a lagoon so I would hope that wouldnt be good enough for Wendys
Sorry if this is a little off topic. But the lagoon crap has been a thorn in my side. I am just glad ours passed without a hitch, but alot didnt.
January 2, 2009 at 10:14 a.m. ( permalink | suggest removal )
neighbor (anonymous) says...
I would think the City Code Inspectors would be the ones to inspect and require fencing. I'd like to think the owner would want to protect themselves against the liabilty of injury and damage caused to people and property without having the hole fenced off.
Your side and many others soggy. I think they should have gotten a new staff to do the job properly instead of making little changes to an existing code. The whole thing was about creative taxation to fund their department, not actual health and safety issues.
January 4, 2009 at 11:56 a.m. ( permalink | suggest removal )
justaflushaway (anonymous) says...
Soggy, you are so right on. I have a septic tank and I know that I will have to put in a complete system when the woman who LIVES in CHASE county stops by, I am 72, and do not have that kind of money to build the complete system that she thinks I should have, lagoon, fence and everything else, I will have to get a loan on my little place in the country just to pay for it, My system works fine and has only been cleaned one in 48 years and it works fine, it is just another person trying to put me in the grave by taking what little money that some older people have, guess I will just wait and see how long it will be before she knocks on my door and ORDERS me to get it fixed.
should of never had the 2 hole crapper torn down, but she would probably tell me to get rid of it too! goodnight all
January 4, 2009 at 9:33 p.m. ( permalink | suggest removal )