VISITORS: Susan Marshall Peabody Gazette Bulletin Jim Ralston and Dan Heise APAC, and Beth Peter

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1 Approved City of Peabody Minutes of the City Council Meeting Office of the City Clerk CALL TO ORDER: The regular meeting was called to order by Mayor Larsen at 7:00 p.m. in the council chambers of City Hall located at 300 N. Walnut, Peabody, Kansas. The following council members were present: Tom Spencer, Travis Wilson, and Steve Rose. A quorum was established. Janice Woodruff and Megan Gallucci were absent. STAFF: - City Clerk, Chief Bruce Burke VISITORS: Susan Marshall Peabody Gazette Bulletin Jim Ralston and Dan Heise APAC, and Beth Peter THE PLEDGE OF ALLEGIANCE led by Mayor Larsen I. MINUTES: The council reviewed the minutes to the Budget Hearing held August 29 th, 2016 at 6:30 p.m. MOTION by Wilson to approve the Budget Hearing minutes of the City Council as presented. Motion seconded by Rose. Motion carried 3-0 The council reviewed minutes of the Regular City Council meeting on August 29 th at 7:00 p.m. MOTION by Rose to approve the regular meeting minutes as presented. Motion seconded by Wilson. Motion carried 3-0. II. APPROPRIATIONS: The council reviewed: PAYROLL a $ 8, PAYROLL a tax & benefits $ 4, PAYABLES a $ 33, Totaling: $ 45, MOTION by Rose to approve appropriations in the amount of $45, Motion seconded by Wilson. Motion carried 3-0. III. PUBLIC COMMENT: IV. APPROVAL OF AGENDA: MOTION by Rose to approve the agenda as presented. Motion seconded by Spencer. Motion carried 3-0. V. AGENDA ITEMS: A. Tammy Whiteside requesting sewer credit for power washing Although Ms. Whiteside requested to be on the agenda, she was unaware she was on the agenda. This will be carried forward to the next meeting September 26 th.

2 Page 2 B. APAC- Jim Ralston and Dan Heise Dan Heise had worked up a bid for 2016 Overlays. Each phase of this proposal addressed specific streets on which work is needed to be, i.e. Plum Street ($11,099.60), Locust Street ($81,607.60), 8 th Street from Elm to Maple ($11,322.00), 6 th Street from Elm to Pine ($9,741.90), Pine Street from 6 th to 7 th ($15,780.60), curb replacement on Locust ($1,936.00), driveway and drainage allowance ($12,500.00). Bid Total $247, Mr. Ralston suggested that city crews assist with rocking in some areas to save money. Councilman Spencer suggested the City look into grants with CDBG or matched funding through SKEDD. Mayor Larsen indicated we cannot presume what we will have as of November and we need to focus on completing what we have started. Clerk Lago provided a print out from the Kansas State Treasurer website about distributions received to date based upon the Sales Tax received each month from the city tax file based upon the 1% initiative. For 2016 Jan August = $39, This indicates we may receive $59, by year s end. MOTION by Wilson to authorize and approve the Proposal and Contract from APAC for 2016 Road Repair in the amount of $247, Motion seconded by Rose. Motion carried 3-0. Two originals were signed of the Proposal by Mayor Larsen; one for APAC one for the City. Clerk Lago will work on getting the project exemption certificate from KS Dept. of Revenue so that work can commence ASAP.. C. Rise and Pixius Review Clerk Lago will get in touch with Attorney Lane. As well, quotes from Carbonite will be researched as well as Tech support. D Appointment of Officers The Mayor presented his list of Non-Elected Officers to be appointed : City Clerk: City Treasurer: City Attorney: Chief of Police: Police Officer: City Prosecutor: Municipal Judge: Clerk of the Municipal Court: Fire Chief: Superintendent of Public Works : Animal Control Officer: Zoning Administrator: Freedom of Information Officer: Health & Safety Officer: Floodplain Administrator: Identity Theft Prevention Program Administrator: Jonna Munson Robert Lane / Davis, Manly and Lane, LLC Bruce Burke Aaron Slater Michael Cleary / Cleary Law Group Bradley Jantz Jylle Wilson Mark Penner Ronnie Harms Jylle Wilson Bruce Burke Jonna Munson

3 Standing Committees : 1. Water Tom Spencer 2. Streets & Alleys Janice Woodruff & Travis Wilson 3 Sanitation Larry Larsen & Travis Wilson 4 Lights - Megan Gallucci & Travis Wilson 5 Fire Larry Larsen & Janice Woodruff & Steve Rose 6. Park & Swimming Pool Janice Woodruff & Tom Spencer 7. Building Larry Larsen & Janice Woodruff 8. Finance & Ordinance Megan Gallucci & Steve Rose 9. Economic Development Larry Larsen & Megan Gallucci 10. Personnel Larry Larsen, Travis Wilson & Steve Rose Office of the City Clerk Page 3 MOTION by Rose to approve the appointments as presented. Motion seconded by Wilson. Motion carried 3-0. E. Employee Reports 1., City Clerk - Clerk Lago advised the council and mayor she had been able to file the 2017 budget and signature page electronically. Councilman Gallucci was unable to get to the office to sign the signature page so it was scanned, ed and processed, with the help of County Clerk Tina Spencer. $ was received for payment on the Police Vest. Clerk Lago registered the City of Peabody with LKM s new website to assist city councilmembers accessing the member services we are entitled to use. MOTION by Wilson to authorize and approve the educational leave request for Jonna Munson to attend her 2 nd year of training with IIMC Municipal Clerk Certification Institute from November 14-18, 2016 at DoubleTree by Hilton the Wichita the cost of $ Motion seconded by Rose. Motion carried 3-0. MOTION by Wilson to enter into Executive Session regarding non-elected personnel for 5 minutes at 7:40 p.m. Motion seconded by Rose. Motion carried 3-0. The council returned to regular session at 7:45 p.m. MOTION by Wilson to pay Travis Davis an additional 40 hours of accrued vacation time. Motion seconded by Rose. Motion carried 3-0. F. Reports from Standing Committees: 1. Water - (Spencer ) nothing to report. 2. Streets and Alleys (Woodruff & Wilson) There was discussion about the offer from Mike Benjamin of UPRR about closing A Street at the south end of town. Mayor Larsen has spoken with Michael R. Bailey, Track Supervisor of BNSF Railway Co. Larsen relayed that if BNSF put in the track at that junction, it would be smoother and less noisy however - train speed through town would increase. Another issue surrounding the UPRR tracks through town is the train parking and blocking vehicles

4 Page 4 E-W cross traffic. This creates a dangerous situation for emergency service vehicles being able to get across town. The planned project will cost some $350, If the city allows UPRR to close A Street, the project would become even bigger. Additional investigation needs to be done with BNSF and their tracks in the same area at the SW part of town. 3. Sanitation (Larsen & Wilson ) - nothing to report Clerk Lago reported on Ronnie Harms behalf. During our most recent rains and thunderstorm there was a lighting strike close to the Prairie Lawn lift station. The generator was damaged. The battery has been dead for one week when Harms checked the lift station. Harms called Cummins for emergency service. A new computer board and control box were ordered for approximately $ A report needs to be filed with our insurance provider EMC our deductible is $ Lights Committee (Gallucci & Wilson) - nothing to report 5. Fire Committee (Larsen & Woodruff & Rose) Councilman Rose says he is waiting for information from Andy regarding the annual premiums for FRA. 6. Park and Swimming Pool Committee (Woodruff & Spencer) The City Pool closed Labor Day, September 5 th. Clerk Lago indicated she sent an September 12 th, to Mackenzie Young about requirements of pool managers at the end of the season. Lago further directed Mackenzie to turn in the (2) cash boxes, $150 bank, and keys and cell phone for swimming pool. 7. Building Committee (Larsen & Woodruff) Clerk Lago located information in the draft codification book which addresses many of the questions posed by building permits and recent questions about doing demolition on your own property which she shared with the council. Specifically : Chapter 6 Building and Construction Work By Property owners. Nothing herein contained shall prohibit any property owner from personally performing any building or construction work within and upon his or her own residence and intended for his or her personal use and permanent occupancy; provided that the owner shall satisfy the building inspector as to his or her ability to perform such work, secure a permit, pay required fees, and apply for an inspection and receive a certificate of approval. Personal building or construction performed by the owner shall be by himself, herself, for himself or herself on his or her own residence, without compensation, and no person shall be employed to assist him or her in any way on such work except a builder or building contractor licensed by the city. 8. Finance and Ordinance (Gallucci & Rose) - Clerk Lago presented Charter Ordinance #13 A CHARTER ORDINANCE EXEMPTING THE CITY OF PEABODY, KANSAS, FROM THE PROVISIONS OF K.S.A a, K.S.A ,128, K.S.A , K.S.A and K.S.A a, RELATING TO THE ELECTION OF GOVERNING BODY MEMBERS, THEIR TERMS OF OFFICE, TRANSITIONS TO NOVEMBER ELECTIONS, FILLING OF

5 Page 5 GOVERNING BODY VACANCIES AND TIMING OF APPOINTMENTS; AND, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND REPEALING CHARTER ORDINANCE NOS. 2 AND 11 MOTION by Wilson to approve and adopt Charter Ordinance #13 as presented. Motion seconded by Spencer. Motion carried 3-0. Clerk Lago distributed a copy of the most recent chapter to be added to the codification: Article 6. Vacating Streets, Alleys and Sidewalks. This will enable council to locate property changes / adjustments without going through all the previous years ordinances to research and resolve the status on previous vacations. Clerk Lago will discuss filings with the county with city attorney Lane. Terri Tucker owner of 606 N. Walnut has still not purchased a demolition permit.. 9. Economic Development Committee (Larsen & Gallucci) nothing to report Clerk Lago included two previous Memorandum of Agreement (2008 & 2011) between the City of Peabody and Peabody Main Street to refer to when developing the new agreement for Councilman Spencer commented that the umbrella of economic development is much broader than it used to be it should include the issue of improved housing for residents. Spencer added he didn t agree with the supervisory capacity over the Eco Devo Director position as it was described in the 2008 or 2011 agreements if the city funds the position the city should have control. 10. Personnel (Larsen & Wilson & Rose) - MOTION by Rose to enter into executive session at 8:12 p.m. for 10 minutes to discuss issues of non-elected personnel. Motion seconded by Wilson. Motion carried 3-0. The council returned to regular session at 8:22 pm. MOTION by Rose to place a Help Wanted Ad in the Peabody Gazette, Hillsboro Free Press and on the City Website for a Full-Time Public Works crew member manual labor. Motion seconded by Wilson. Motion carried 3-0. MOTION by Wilson to assist finding Part-Time help for the Public Works Department during the interim of hiring a full-time person. Motion seconded by Rose. Motion carried 3-0. F. Report from the Mayor nothing to report VI: COMMUNICATIONS: ENCLOSURES: Minutes August 29 th Budget Hearing and Regular Meeting Payroll 9a 2016 and Payroll Tax and Benefits 9a 2016 APAC Proposal APAC Overlays KDOR City Sales Tax Revenue 2016 to date Appointment of Non-Elected Officers 2016 IIMC Clerks Academy Registration Charter Ordinance #13

6 Page 6 Article 6 Vacations of Streets, Alleys and Sidewalks Historic MOAs from 2011 and VII: ITEMS TO BE ON AGENDA FOR UPCOMING MEETINGS: 1. Gary Smith, Schwab Eaton 2. Bruce Boettcher, BG Consultants 3. Kevin Burke breaking curb 4. C. Bickley Foster -Planning Analysis & Estimate 5. Process procedures for Lack of Water Service 6. Personnel Policy & Guideline Review 7. Performance Evaluations VIII. ADJOURNMENT: There being no more business to be brought before the council MOTION by Wilson to adjourn the meeting at 8:30 p.m. Motion was seconded by Spencer. Motion carried 3-0. CERTIFICATE I hereby certify that the foregoing minutes are a true and correct recording of the proceedings of the governing body of the City of Peabody, Kansas, held on the date stated therein, and that the official minutes of such proceedings are on file in my office. (SEAL), City Clerk