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10-03-2022 MinutesIll .. "' "' z "-w "' .~ 1ii CJ) -g 1ii :l2 g c: 0 (.) CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 3, 2022 4:00 p.m. Mayor Davis asked the Clerk for verification that notice had been sent for today 's City Commission meeting. The Clerk replied yes. The Regular Meeting of the Board of Commissioners was called to order at 4 :00 p.m. in Room 107, City-County Building. A roll call was taken followed by the Pledge of Allegiance and a moment of silence. Those present and comprising a quorum: Mayor Davis (presiding), Michael L. Hoppock, Greg Lenkiewicz, Bill Longbine and Karl Ryan. Also present: Mike Schrage , City Manager, Jacob Wood , Deputy City Manager, Shawn Henessee , Assistant City Manager, Greg Bengtson, City Attorney ; and Jo Vonna A. Rutherford, City Clerk. AWARDS AND PROCLAMATIONS (3 .1) Recognition of the 1 OOth anniversary of the Mary Wade Strother Chapter of the National Society Daughters of the American Revolution. Melissa Stuchlik, 2nd Vice Regent, Daughters of the American Revolution, read the proclamation and announced related activities. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (4.1) Kansas Public Water Supply Loan Fund (4.la) Conduct a public hearing as a requirement of the Kansas Public Water Supply Loan Fund (KPWSLF) Project No. 3185 for Lead Water Service Line Inventory. (4.lb) Approve Resolution No. 22-8081 authorizing the completion of an application to the Kansas Department of Health and Environment regarding a loan from the Kansas Public Water Supply Loan Fund Project No. 3185 for Lead Water Service Inventory. Cathy Tucker Vogel, Section Chief, Public Water Supply (KDHE), provided information on lead water lines and PF AS prior to the public hearings. Mayor Davis opened the public hearing. Martha Tasker, Director of Utilities, explained the request, fiscal impact and action options . A discussion followed which included lead service lines , lead service line inventory , explanation of the lead and copper rule, health effects of lead and copper, number of lead samples to be taken, era of construction with lead pipe and the water testing process followed by the city if an individual presented with high lead levels . Page 1 .. .... ... Ben Windholz, Salina, Kansas, provided insight to lead service lines within the city as well as provided information on types of materials commonly used throughout the years in plumbing projects . Jon Blanchard, Salina, Kansas, voiced appreciation for the information provided by Ms. Vogel (KDHE) and inquired about the process to be followed if a homeowner does have lead service line issues as well as the availability of any funds to assist the homeowner with associated costs. Ms. Vogel explained that a lead service line replacement plan was required to be developed under the rule and that said plan would contain an element concerning how customers would be assisted if they would be unable to pay for private replacement costs. Mayor Davis closed the public hearing. 22-0271 Moved by Commissioner Hoppock, seconded by Commissioner Lenkiewicz, to approve Resolution No. 22-8081 authorizing the completion of an application to the Kansas Department of Health and Environment regarding a loan from the Kansas Public Water Supply Loan Fund Project No. 3185 for Lead Water Service Inventory. Aye: (5). Nay (0). Motion carried. (4.2) Kansas Water Pollution Control Revolving Loan Fund ( 4.2a) Conduct a public meeting and public hearing as requirements of the Kansas Water Pollution Control Revolving Loan Fund (KWPCRF) Project No. 3087- 01 for PF AS Plume Remediation at the Former Schilling Air Force Base. (4.2b) Approve Resolution No. 22-8080 authorizing the completion of an application to the Kansas Department of Health and Environment regarding a loan from the Kansas Water Pollution Control Revolving Fund, Project No. 3087-01 for PFAS Plume Remediation at the Former Schilling Air Force Base. Martha Tasker, Director of Utilities, explained the request, fiscal impact and action options as part of the public meeting. Mayor Davis opened the public hearing. Ms. Tasker provided additional information as part of the public hearing. Brian Meier, Bums & McDonnell, likewise provided additional information on PF AS. A discussion ensued concerning PFAS, whether or not PFAS was part of the settlement with the U.S. Government, responsibility of the city for any chemicals found at the former Schilling Air Force Base, location of building and date of water treatment. Jon Blanchard, Salina, Kansas, shared his concerns with PF AS, city funding and notification to the public of the possible effects of PF AS . Norman Mannel, Salina, Kansas, suggested bottled water be supplied until contaminated water is taken care. Page2 "' "' z c.. w "' i;; iii Cf) 22-0 2f2 g c: 8 Further discussion ensued concerning location of contamination, intent to keep contamination from reaching the city 's water supply , groundwater sampling, public education, PF AS containment, PF AS toxicity, EPA health advisories, presence of PF AS in every individual's blood at some level , existence of PF AS everywhere and in everything and small portion of exposure from drinking water. Mayor Davis closed the public hearing. Moved by Commissioner Hoppock, seconded by Commissioner Lenkiewicz, to approve Resolution No. 22-8080 authorizing the completion of an application to the Kansas Department of Health and Environment regarding a loan from the Kansas Water Pollution Control Revolving Fund , Project No . 3087-01 for PFAS Plume Remediation at the Former Schilling Air Force Base . Aye: (5). Nay (0). Motion carried . CONSENT AGENDA (5.1) Approve the minutes of September 26 , 2022. (5.2) Approve Resolution No. 22-8068 appointing members to citizen boards , commissions and committees. (5.3) Approve Resolution No. 22-8076 appointing members of the Planning Commission to serve on the Board of Zoning Appeals and the Heritage Commission. (5.4) Approve Resolution No. 22-8075 , authorizing the City Manager to permit the Salina VFW Post #1432 Auxiliary (VFW) volunteers to solicit within the City's rights-of- way. 22-0273 Moved by Commissioner Longbine, seconded by Commissioner Ryan, to approve the consent agenda as presented. Aye: (5). Nay (0). Motion carried. ADMINISTRATION (6.1) Approve Ordinance Number 22-11132, on first reading, amending Chapter 38 , Article I of the City of Salina Code by adopting the 2022 Standard Traffic Ordinance for Kansas Cities published by the League of Kansas Municipalities. Christina Trocheck, Salina City Prosecutor, explained the request, fiscal impact and action options . Jon Blanchard, Salina, Kansas , shared his thoughts on the DUI laws and the Salina Police Department policy related to said laws. Ms. Trocheck provided further explanation on DUI laws and the processes and/or guidelines related thereto. Ms . Trocheck also indicated electric bicycles were very new and were treated like any other bicycles under the law. Norman Manne!, Salina, Kansas, suggested the city was occupying native land and indicated he was concerned with jurisdiction. 22-0274 Moved by Commissioner Ryan, seconded by Commissioner Longbine , to approve Ordinance No . 22-11132 , on first reading. Aye : (5). Nay (0). Motion carried. , Page 3 .... Ill ,... (6.2) Approve Ordinance Number 22-11133, on first reading , amending Chapter 25 , Article I of the City of Salina Code by adopting the 2022 Uniform Public Offense Code for Kansas Cities published by the League of Kansas Municipalities . Christina Trocheck, Salina City Prosecutor, explained the request, fiscal impact and action options. A discussion developed concerning prosecution of homeless individuals, types of offenses, remediation and/or education, available resources and possible solutions. Jon Blanchard, Salina, Kansas , thanked Ms. Trocheck for her comments and inquired about staffing , support and funding of the Salina Police Department Drug Task Force. Mike Schrage, City Manager, confirmed the city remained committed to the various efforts of the Salina Police Department and indicated daily assessments of staffing levels were performed and duties outsourced to outside agencies if needed . 22-0275 Moved by Commissioner Hoppock, seconded by Commissioner Lenkiewicz, to approve Ordinance No. 22-11133, on first reading. Aye: (5). Nay (0). Motion carried. DEVELOPMENT BUSINESS None . OTHER BUSINESS Commissioner Hoppock congratulated Pestinger Distribution on their recent award and recognized their efforts for introducing the Budweiser Clydesdales to Salina. Mr. Hoppock noted there was a cart and two individuals following the horses to pick up waste and stated he appreciated the responsibility taken by them. CITIZENS FORUM Ben Windholz, Salina, Kansas , agreed with Commissioner Hoppock and stated it was quite awesome to see the production put forth with the Budweiser Clydesdales. Mr. Windholz also stated the aerobatic planes were at the airport in Salina this week and were awesome as well. Jon Blanchard, Salina, Kansas, provided information on the fire code and reiterated his thoughts from last week that the Ri ver Run subdivision did not provide two access points and that rezoning of this property was in violation of city code. Norman Mannel , Salina, Kansas , proposed that the pond at Jerry Ivey Park be filled in with dirt and food be planted. Mr. Mannel again shared his thoughts on occupation of native land and jurisdiction. Mr. Mannel concluded by commenting on jobs and wages. Page4 EXECUTIVE SESSION 22-0276 Moved by Commissioner Longbine , seconded by Commissioner Ryan, to recess into executive session, following a 5-minute break, for 45 minutes to discuss the subject of legal considerations relating to the Drever Partners , LLC development proposal with legal counsel based upon the need for consultation with an attorney for the public body which would be deemed privileged in the attorney-client relationship , pursuant to K.S .A. 75-7319(b )(2). The open meeting will resume i this room at 7:00 p .m. Aye (5). Nay (0). Motion carried. The City Commission recessed into executive session at 6: 15 p.m. and reconvened at 7:00 p.m. Also present in the executive session were Mike Schrage, City Manager, Jacob Wood , Deputy City Manager, Shawn Henessee, Assistant City Manager, Lauren Driscoll, Director of Community and Development Services and Greg Bengtson, City Attorney . No action was taken. ADJOURNMENT 22-0277 Moved by Commissioner Hoppock, seconded by Commissioner Ryan, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 7:00 p .m . [SEAL] Trent W. Davis , M .D., Mayor ATTEST: Page 5