03-10169 Permit Moratorium(Published in the Salina Journal on October / 0 , 2003)
ORDINANCE NUMBER 03-10169
AN ORDINANCE ESTABLISHING A MORATORIUM ON THE ISSUANCE OF
CITY -REQUIRED PERMITS FOR WORK ON REAL ESTATE TO BE ACQUIRED BY
THE CITY OF SALINA, KANSAS FOR THE GRADE SEPARATION PROJECT AT
NORTH OHIO STREET.
BE IT ORDAINED by the governing body of the City of Salina, Kansas:
Section 1. Findings. The governing body finds:
(a) The City of Salina, Kansas ("City") entered into an agreement with the Kansas
Secretary of Transportation ("Secretary") dated March 18, 2002 (the "Agreement") for Kansas
Department of Transportation ("KDOT") Project No. 85 K -8307-01—a Grade Separation Project at
North Ohio Street, over the Union Pacific Railway Company's tracks and the Kansas and Oklahoma
Railroad Company's tracks (the "Project").
(b) The Agreement provides that the City will, in its own name, acquire the interests in
real estate necessary for the Project in compliance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 as amended by the Surface Transportation and Uniform
Relocation Assistance Act of 1987 (the "Act"), and administrative regulations contained in 49
C.F.R. part 24, entitled Uniform Relocation Assistance and Real Property Acquisition for Federal
and Federally Assisted Programs (the "Regulations"); and
(c) The City has entered into a Consulting Services Supplemental Agreement dated
August 26, 2002 ("Supplemental Agreement"), with its primary engineering consultant on the
Project, Wilson & Company Engineers & Architects ("WCEA") for appraisal, acquisition and
relocation services; and
(d) On August 11, 2003, the City adopted Resolution Number 03-5973 stating the policy
of the governing body regarding the acquisition of real estate and the payment of relocation
expenses for the Project; and
(e) In accordance with Resolution Number 03-5973, the City has, through
subcontractors of WCEA and the City Attorney under the direction of the City Engineer, caused
appraisals to be made and written offers to be communicated to the owners of ten tracts of real
estate to be fully acquired in order to construct the Project; and
(f) Over the course of the next several months the City will be actively engaged in
completing acquisition of the various full and partial tracts necessary to complete the Project listed
by both tax parcel identification number and street address on the attached Exhibit A and depicted
on the attached Exhibit B (the "Affected Properties").
(g) The public interest will best be served by the City taking precautionary steps to
assure that City -required permits are not issued for work to be performed on any of the Affected
Properties which would either have a negative impact on the Project or be contrary to the public
interest by unnecessarily increasing the fair market value and, consequently, the cost to the public of
acquisition of real estate necessary to complete the Project.
Section 2. Moratorium on City -Required Permits. There is imposed a moratorium on
the issuance of City -required permits for work to be performed on any of the Affected Properties
which is found to either negatively impact the Project or to be contrary to the public interest by
having a reasonable likelihood of unnecessarily increasing the cost to the public of acquisition of
real estate necessary to complete the Project (the "Moratorium").
Section 3. Administration of the Moratorium. All applications for a permit for work
to be performed on any of the Affected Properties shall be referred to the City Manager. The City
Manager shall conduct a review of the permit application for the purpose of determining whether
the proposed work will either negatively impact the Project or be contrary to the public interest by
having a reasonable likelihood of unnecessarily increasing the cost to the public of acquisition of
real estate necessary to complete the Project. If the City Manager determines that the permit is for
work which will either negatively impact the Project or be contrary to the public interest by having
a reasonable likelihood of unnecessarily increasing the cost to the public of acquisition of real estate
necessary to complete the Project, the City Manager shall deny the application, subject to appeal by
the applicant for review by the governing body. If the City Manager instead finds that the permit is
for work which will neither negatively impact the Project nor be contrary to the public interest by
having a reasonable likelihood of unnecessarily increasing the cost to the public of acquisition of
real estate necessary to complete the Project, the application shall be referred to the City's Building
Services Department for processing in the normal course.
Section 4. Expiration of Moratorium. The Moratorium shall remain in effect until the
date upon which the City certifies to KDOT that it has completed acquisition of all real estate
necessary for the Project.
Section 5. Effective Date. This ordinance shall be in full force and effect from and
after its publication once in the official city newspaper.
Introduced: September 22, 2003
Passed: October 6, 2003
(Jk&4t) 41� . 4
Alan E. Jilka, yor
[SEA]
ATTEST:
R. Weber, Deputy City Clerk
ConsollE .Sa111e
EXHIBIT "A"
CITY ORDINANCE NO. 03-10169
Owner
Address
Project
Tract
Number
Tax Parcel Number
ri
lett Lawrence D. Tr U/A
549 N. Ohio Street
1
085081120100500400001
ri
lett Self Storage LP
549 N. Ohio Street
2
085081120100500401001
roneber
er Joseph T & Audrey
000 N Ohio Street
3
085081120100500104001
unter Jimmy Murl & Rita J
000 York Ave
4
085081120100500101001
mold Larr D & Francis P
000 York Ave
5
085081120100500105001
off Machine & Welding Inc.
629 N. Ohio Street
6
085081120100600500001
ri lett Lawrence D Tr U/A
639 N. Ohio Street
7
085081120100600100001
alina Iron & Metal Co.
803 N. Ohio Street
8
085081120100700100001
Wells
Homer & Wells David
000 N. Ohio Street
9
085081120100700500001
Frick
Ben J & Lavelle
1056 E. Pacific Ave
10
085081120100100100001
evert Jack Sr. & Ma belle
000 E. Pacific Ave
11
085081010400100800001
evert Jack Sr & Ma belle
613 E. Pacific Ave.
12
085081010400100700001
everly Jack Sr & Ma belle
000 E. Pacific Ave.
13
085081010400100200001
Miller
J P & Araceli S
1109 Van Horne Street
14
085093070200302100001
�KTD
Inc.
752 N. Ohio Street
15
085093070200600200001
Mai
Frieda J
000 N. Ohio Street
16
085093060300100102001
astrid a Development Inc
000 Lee Ave.
17
085093070100100100001
K, Inc.
1884 E. Old Highway 40
18
085093060400200200001
Lwn Distributors Inc.
606 N. Ohio Street
25
085093070200303000001
Lone George A & Virginia
668 N. Ohio Street
26
085093070200302000001
ahnmaier Michael R
700 N. Ohio Street
27
085093070200201700001
alina Mini -Storage LP
706 N. Ohio Street
28
085093070200201500001
Exhibit "B"
LEGEND City Ordinance No. 03-10169
d Affected Properties