Hutchinson council overturns Landmarks Commission, clears way for demolition of Bernard’s restaurant

The Hutchinson City Council voted Nov. 4 to overturn the Landmarks Commission's denial of a certificate of appropriateness and authorized the city to proceed with demolition of Bernard's Restaurant and Catering at 2100 South Bonebrake if the property owner does not complete required work.

Matt Williams, director of community development, told the council the structure is listed on the Kansas Register of Historic Places and the National Register of Historic Places and that state statute requires the governing body to determine whether feasible and prudent alternatives to demolition exist. Williams said the city had pursued a dual track of encouraging rehabilitation while preparing to remove the building because the city's building official had determined the structure unsafe. "While the structure could, in theory, be rehabilitated," Williams said, "the length of time requested and the significant financial burden make rehabilitation unlikely," and staff recommended finding no feasible and prudent alternative.

Property owner Susie Gress urged the council to allow more time. Gress said she had paid Mann & Associates for preliminary sketches showing a plan to preserve the historic kitchen and remove other portions of the building and asked the council for a 30-day extension so she could line up volunteers and financing. "I went to Mann and Associates and spent $3,000 to get a diagram to keep just the kitchen," Gress said. She added she believed she could secure funding and pull permits quickly and told councilmembers she did not want the city to bear a $47,000 demolition bill.

Staff and building officials told the council what would be required for Gress' plan to proceed. Jason Leidy, Hutchinson building official, and the city's inspector, Mr. Leggett, said the sketches on file at the last meeting were not stamped, were preliminary in scope and that formal engineered plans and stamped drawings would need to be submitted for the city to approve a partial demolition and rehabilitation. Williams also said volunteers could not perform demolition on commercial property; the demo permit must be pulled by a licensed demolition contractor.

Elizabeth Martin, who identified herself as a friend and longtime caregiver for Gress, spoke in support of keeping the kitchen and asked the council to be patient given Gress' personal hardships.

Councilmembers weighed those appeals against the lack of recent visible progress. Williams noted the property owner's demolition permit had not been pulled after council approval in September and reported the property owner's contractor was no longer involved. The council then approved the city's appeal motion, allowing the city to move forward should the owner fail to act; no formal opposition was recorded in the meeting transcript.

After that vote, the council accepted a low bid from Ward Davis for asbestos removal and demolition at 2100 South Bonebrake in the amount of $47,000 and authorized the mayor to sign the contract. Williams explained the city intends to proceed only if the owner does not complete demolition before the city's action and that the city has followed a process to try to secure rehabilitation where feasible.

What happens next: if the owner completes work before the city proceeds, the city will not demolish the building. If the city performs the work, the demolition and abatement costs will be assessed to the property as a lien under the city's established processes. Staff told council they would continue to coordinate with the state historic preservation contacts who have been involved in the property's review.

Authorities and documents referenced in the meeting included the Kansas and National historic registers and the city's Landmarks Commission review requirements; council discussion cited state statute as the authority for the governing body's role in determining feasible and prudent alternatives.

Action: City council voted to override the Landmarks Commission denial (appeal LEHI-25-000005) and authorized the mayor to sign related documents; council later accepted a $47,000 bid from Ward Davis for asbestos removal and demolition at 2100 South Bonebrake.