06-29-2009 MinutesCommission
Action #
r�
1
1
Z
W
0
U
CITY OF SALINA, KANSAS
SPECIAL MEETING OF THE BOARD OF COMMISSIONERS
June 29, 2009
8:30 a.m.
The Special Meeting of the Board of Commissioners was called to order at 8:30 a.m. in Room 107,
City -County Building. A roll call was taken followed by the Pledge of Allegiance and a moment of
silence.
There were present:
Mayor M. Luci Larson, Chairman presiding
Commissioner Samantha Angell
Commissioner Tom Arpke
Commissioner Norman Jennings
Commissioner Aaron Peck
comprising a quorum of the Board, also present:
Jason A. Gage, City Manager
Greg Bengtson, City Attorney
Lieu Ann Elsey, City Clerk
Absent: None
(3.1) Discussion of any communications between the applicant and Governing Body members
outside the context of the regular meeting at which Application CU09-4 (Rendezvous Bar) was
considered.
Greg Bengtson, City Attorney, explain that this item was removed from June 22, 2009
agenda because the expression of concern was withdrawn by the citizen. However, the concerns have
been restated to the point that legal counsel believes that it would be in the City Commission's best
interest to address the matter during the special meeting. Mr. Bengtson noted the filing date of the
protest petition and advised the Commission to disclose any communications that may have occurred
prior to the City Commission meeting where the protest petition was considered.
A discussion followed between the City Commission, City Manager Jason Gage, and Mr.
Bengtson regarding -the legislative and quasi-judicial roles of the commission, and zoning appeals
process. Mr. Bengtson clarified the roles of the City Commission as being legislative (i.e. clean air
ordinance), administrative (i.e. fees), and taking certain legislation regarding a specific request (quasi-
judicial).
Mr. Bengtson then responded to Commissioner Angell's question regarding appealing City
Commission action to the District Court.
Commissioner Arpke noted that he visited the Rendezvous, not by invitation from the
owner, to see what the plans were and location of the patio.. He also noted that he also went to the
Paramount and Big Nose Kates to view their outdoor patios.
Commissioner Jennings noted that he was guest at a convention where Ray Hrusa and
Dennis Collier were present and no conversations took place regarding the conditional use permit.
Mr. Graybeal, the owner of the Rendezvous called him expressing his dissatisfaction with the City.
Mr. Graybeal also approached the City Commission after the their regular meeting on June 1 telling
them that he had made plans to proceed with the pouring of the concrete and did not want to disrespect
the Commission. Commissioner Jennings noted that on June 4, they received the notification
regarding the protest petition.
Commissioner Angell noted that she had conversation with the applicant requesting the
conditional use permit prior to receiving notice of the filing of the protest petition. The owner of the
establishment explained to her the intention of the patio, and the matter would be brought to the City
Commission at a future meeting.
Commissioner Peck spoke to the property owner of the Rendezvous prior to the petition
being filed. At that time he was informed of project and that some neighboring property owners where
not satisfied. He continued to state that he went by the establishment to see what was being requested,
Page 1
Commission
Action #
1
1
N
Z
U
i11%rc"
and called the applicant back with a question regarding the relocation of the air conditioner.
Mayor Larson noted that she received a call from Mr. Graybeal explaining his request. She
noted that she did drive by the establishment and called Mr. Graybeal inquiring about the proposed
location of the patio. The same day she received a call from Mr. Forristal expressing his concerns
regarding the affect it would have on his future development of an apartment building in the area.
Both parties where present at the meeting where the protest petition on considered by the Commission
stating the same thing as they state to her prior to the meeting.
It was the consensus of the Commission that any prior communications did not influence
their decision where the conditional use permit application and protest petition was considered.
ADJOURNMENT
Moved by Commissioner Peck, seconded by Commissioner Jennings; that the Special
Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The
meeting adjourned at 8:56 a.m.
[SEAL]
ATTEST:
yQba�
Lieu Ann Elsey, CMC, Ci Clerk
Page 2
WAIVER AND CONSENT TO HOLD A SPECIAL MEETING OF THE BOARD OF
COMMISSIONERS
We, the undersigned, being duly elected, qualified and) acting City Commissioners of the
City of Salina, Kansas, and constituting a majority of the Board of Commissioners of the City of
Salina, Kansas, do hereby waive notice and consent to the holding of a special meeting of the Board
of Commissioners of the City of Salina, Kansas, on the 29h day of June, 2009 at 8:30 a.m. in Room
107 at the City -County Building for:
1. Discussion of any communications between the applicant and Governing
Body members outside the context of the regular meeting at which
Application CU09-4 (Rendezvous Bar) was considered.
Dated this 29th day of June, 2009.
1
1
Samaniha AnAell, Commissioner