CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes of December 18, 2018 Regular Meeting #24

The regular meeting of the Fort Scott City Commission was held December 18^th, 2018 at 6:00 p.m. in the City Commission Room, 123 S. Main, Fort Scott, Kansas.

ROLL CALL:

Commissioners Adamson, Bartelsmeyer, Nichols, and Parker were present with Mayor Mitchell presiding.

INVOCATION: Michael Mix, Public Utilities Director, said a prayer asking God for guidance for the City, our Government and City officials.

AUDIENCE IN ATTENDANCE: Janet Braun, Travis Shelton, Rhonda Dunn, Darrell Parker, Larry Gazaway, Deb Needleman, Michael Mix, Rachel Pruitt, Chad Brown, Robert Uhler, Jackie Sellers, Kevin Wagner, Rachel Wagner, Cole Wagner, Dave Elliott, Maggie Brenner, Carl Brenner, Clayton Miller, and representing the press, Jason Silvers, Fort Scott Tribune.

PROCLAMATIONS/RECOGNITIONS: Kevin Wagner, Wreaths Across America – City Manager recognized Kevin Wagner, organizer for the Wreaths Across America annual event for the National Cemetery #1. This year there were 5,960 wreaths placed at the cemetery – one on every grave. He thanked him for his tireless efforts in fundraising for the wreaths. He also thanked all the volunteers who helped place the wreaths. What a wonderful memorial for the Veterans.

Kevin Wagner said that there are many, many people who assist with this event. He named several other local cities who assisted with fundraising this year. He also thanked C.F.I. who trucked the wreaths to Fort Scott.

APPROVAL OF MINUTES AND APPROPRIATIONS/CONSENT AGENDA:

1. Approval of minutes of the regular meeting of December 4^th, 2018.

2. Approval of Appropriation Ordinance 1229-A totaling $337,877.49.

C. 2019 Cereal Malt Beverage/Public Dance Licenses: (originals in Clerk’s office)

Package Sales:

Pete’s of Erie, Inc. #20 – 998 N. National

Pete’s of Erie, Inc. #27 – 605 S. National

Pete’s of Erie, Inc. #14 – 1902 S. Main

Pete’s of Erie, Inc. #28 – 1138 E. Wall

Hill’s Service, Inc. – 308 N. National

Wal-Mart Stores, Inc. #39 – 2500 S. Main

Walgreen Company – 2229 S. Main

Casey’s General Store #3399 – 2216 S. Main

Queen’s Price Chopper – 2322 S. Main

Consumption on the Premises:

Debra Cagle DBA Fifthwheel Tavern – 206 Humboldt

NPC International, Inc. DBA Pizza Hut #2423 – 1810 S. Main

Woodland Hills Golf Course – 2414 S. Horton

Public Dance License:

Elks Lodge #579 – 111 W. 19^th

Sharky’s Pub & Grub – 16 N. National

Liberty Theatre – 113 S. Main

Holmtown Pub – 206 N. National

Buck Run Community Center – 735 Scott

River Room Event Center – 3 West Oak

Memorial Auditorium – 1 E. Third Street

Parker moved the Consent Agenda. Adamson seconded. All voted aye.

APPROVED CONSENT AGENDA.

APPEARANCE/COMMENTS/PUBLIC HEARING:

1. APPEARANCE: None

B. CITIZEN COMMENTS (Concerning Items Not on Agenda – 3 minute

limit per citizen) – None

3. PUBLIC HEARINGS:

6:00 p.m. – Budget Amendment Hearing (Need to cancel) – Rhonda Dunn, Director of Finance, informed the Commission that this public hearing needs to be cancelled. It will be conducted in 2019. She does not believe that an amendment needs to be held on the 2018 budget.

Mitchell moved to cancel the budget amendment hearing that was scheduled for 6:00 p.m. Bartelsmeyer seconded. All voted aye.

APPROVED TO CANCEL BUDGET AMENDMENT HEARING SCHEDULED FOR 6:00 P.M.

CONSIDERATION:

1. Change of January 1^st, 2019 meeting date – City Manager informed the Commission that the next regularly scheduled City Commission meeting would be January 1^st, 2019 which is a holiday. He met with Staff who recommended canceling the first meeting in January and just having one meeting on January 15^th, 2019.

Bartelsmeyer moved to approve to cancel the meeting on January 1^st, 2019 and just have one meeting in January on January 15^th, 2019. Nichols seconded. All voted aye.

APPROVED TO CANCEL THE MEETING ON JANUARY 1^ST, 2019 AND JUST HAVE ONE MEETING IN JANUARY ON JANUARY 15^TH, 2019.

2. Consideration of Water Treatment Plant selection of engineering firm and proposal for evaluation of City’s drinking water – Michael Mix, Public Utilities Director, informed the Commission that he came before them a couple of meetings ago to request permission to seek Request for Qualifications to evaluate the City’s drinking water from engineering firms. There were four RFQ’s submitted and an evaluation team consisting of Dr. Randy Nichols, Scott Flater, and himself who reviewed the engineering firms. A scoring system was created and Burns & McDonnell Engineering Firm received the highest score. He recommended the approval of Burns & McDonnell to evaluate the City’s drinking water and enter into a contract with them. The contract proposal is for $50,000 for 2018 and $100,000 for 2019 which is budgeted.

Nichols moved to approve the engineering firm of Burns & McDonnell and approve the contract of $150,000 to evaluate the City’s drinking water. Parker seconded. All voted aye.

APPROVED THE ENGINEERING FIRM OF BURNS AND MCDONNELL TO EVALUATE THE CITY’S DRINKING WATER AND THE CONTRACT OF $150,000 FOR SERVICES.

3. Consideration of updated Standards and Specifications regarding Water, Wastewater and Storm Water infrastructure – Michael Mix, Public Utilities Director, informed the Commission that the City was in need of updating their Standards and Specifications for our City owned utilities. When developers are building, standards are needed to ensure that these buildings are built to our standards. K.D.H.E. informed the City that the last standards they had on record were from 1985. Allgeier Martin & Associates created an updated Standards and Specifications for the City of Fort Scott. He asked the Commission to approve and adopt these new standards.

Parker moved to approve and adopt the Standards and Specifications for the City of Fort Scott. Bartelsmeyer seconded. All voted aye.

APPROVED AND ADOPTED THE STANDARDS AND SPECIFICATIONS FOR THE CITY OF FORT SCOTT.

4. Discussion of Old Fort Transportation/Pitt Taxi Transition – Deb Needleman, Human Resource Director, informed the Commission that she was representing the Bourbon County Senior Citizens as she is the Treasurer for this Board. They have been instrumental in providing transportation in this community for years. Pitt Taxi came here a few years ago and were a huge asset for our community. The owners of Pitt Taxi have decided to retire at the end of 2018. They have offered to transfer the three vehicles, computer and phones to Old Fort Transportation for $5,000. The owners of Fort Scott Transportation is Jackie and James Sellers. She asked the Commission for $5,000 for Old Fort Transportation to subsidize the costs of taking over this transportation service. There are currently about 300 to 350 riders which distribute people to 25 different places of employment throughout the City.

Dave Elliott, Peerless Products, was present and informed the Commission that this transportation service helps bring many of their employees to work every morning.

Mitchell moved to approve to allocate $5,000 towards Old Fort Transportation to subsidize the transportation program in our community. Bartelsmeyer seconded. All voted aye.

APPROVED TO ALLOCATE $5,000 TOWARDS OLD FORT TRANSPORTATION TO SUBSIDIZE THE TRANSPORTATION PROGRAM IN OUR COMMUNITY.

5. Consideration of Water Rate Increase – Ordinance No. 3545 – Rhonda Dunn, Director of Finance, informed the Commission that the water rate increase is before them. This is for a 5% increase which is less than the budgeted 8% increase. The increase was for the payments for the debt on the river intake structure. The project is not as far along so financing costs will be less than projected in the budget. Approval for the 5% increase is recommended.

Bartelsmeyer moved to approve Ordinance No. 3545 increasing the water rates by 5% for 2019. Nichols seconded. All voted aye.

APPROVED ORDINANCE NO. 3545 SETTING NEW WATER RATES AND REPEALING ORDINANCE NO. 3525 FOR THE CITY OF FORT SCOTT, BOURBON COUNTY, KANSAS, PURSUANT TO THE FORT SCOTT MUNICIPAL CODE, CHAPTER 13.04.030.

6. Consideration of Wastewater Rate Increase – Ordinance No. 3546 – Rhonda Dunn, Director of Finance, informed the Commission that this Ordinance increases the sewer rate by 3%.

Parker moved to approve Ordinance No. 3546 increasing the sewer rates by 3% for 2019. Adamson seconded. All voted aye.

APPROVED ORDINANCE NO. 3546 INCREASING THE BASIC MONTHLY CHARGE FOR SANITARY SEWER RATES IN THE CITY OF FORT SCOTT BY AMENDING CHAPTER 13.24.110 OF THE FORT SCOTT MUNICIPAL CODE AND REPEALING ORDINANCE NO. 3526.

7. Consideration of Storm Water Rate Increase – Ordinance No. 3547 – Rhonda Dunn, Director of Finance, informed the Commission that this Ordinance increases the storm water rate by 3% for 2019.

Parker moved to approve Ordinance No. 3547 increasing the storm water rate by 3% for 2019. Bartelsmeyer seconded. All voted aye.

APPROVED ORDINANCE NO. 3547 AMENDING THE FORT SCOTT STORMWATER USER CHARGE AND REPEALING ORDINANCE NO. 3527 FOR THE CITY OF FORT SCOTT, BOURBON COUNTY, KANSAS, PURSUANT TO THE FORT SCOTT MUNICIPAL CODE, CHAPTER 13.24.121.

COMMISSION/STAFF:

1. Director Updates: Rachel Pruitt – Rachel informed the Commission that in October a contest was held for “If I Was Mayor”. This was open for 7^th graders throughout the State of Kansas. This is sponsored by the League of Kansas Municipalities. If selected, the student and the teacher would go to Topeka to be recognized. She would like to see the student be recognized on a local level also. She is getting packets ready for the City Commission to review and select a winner who will have “Lunch with the Mayor”.

Health Care Update – Robert Uhler – Robert reminded the Commission of the three main priorities: EMS, Primary Care, and Emergency Room. At the December 4^th meeting, you heard from Dave Bruner regarding the EMS/Ambulance partnership between the City and the County. Both entities have signed contracts with one final step for the County to complete with Mercy which was completed this week with the donation of the assets to the County. He thanked Dave Martin for stepping up in this sensitive time. He also thanked Christi Keating for her direction. He also thanked the County, Mercy and the group from the City that worked together. We are one community with one goal – to have the best healthcare in our community. Our community will have convenient care and primary care provided by CHCSEK. What an impressive organization to have serve us in Fort Scott and Bourbon County. The final priority of our task force is to secure Emergency Room services. We continue to anxiously await a decision by Via Christi but remain optimistic about the future. He thanked the City Commission for their support as we continue on this journey.

B. City Commission:

Nichols – Wished all a Merry Christmas!

Adamson – Nothing to report.

Parker – Nothing to report.

Bartelsmeyer – Nothing to report.

Mitchell – Nothing to report.

C. City Attorney: Bob Farmer, City Attorney, informed the Commission he was contacted by Kevin Mitchelson, attorney for Ward-Kraft, regarding some old IRB’s the City had with Ward-Kraft back in 1985, 1989 and 1992. These bond issues have all been closed but the City still had their name on the title of their property. He asked the Commission to approve the Quit Claim Deed, a Bill of Sale, and a Release of Lease with the adoption of Resolution No. 48-2018.

Mitchell moved to approve Resolution No. 48-2018 releasing the bonds on the Ward-Kraft property. Bartelsmeyer seconded. All voted aye.

APPROVED RESOLUTION NO. 48-2018 OF THE GOVERNING BODY OF THE CITY OF FORT SCOTT, KANSAS AUTHORIZING THE SALE AND CONVEYANCE OF CERTAIN PROPERTY TO WARD-KRAFT, INC. – APPROVED QUIT CLAIM DEED, BILL OF SALE, AND RELEASE OF LEASE.

3. City Manager:

1. 120 N. National – City Manager said that he was approached by a business owner to purchase the City lot at 120 N. National. The City has no reason to keep this property. He has met with the business owner and negotiated some terms of this property. This will be on the January 15^th, 2019 City Commission agenda for approval.

2. Chamber Coffee – City Manager informed the Commission that the Chamber Coffee will be held at City Hall this Thursday, December 20^th, 2018 at 8:00 a.m.

3. City Manager gave a 2018 highlight of all the departments of the City and their accomplishments.

4. Certified Public Manager – City Manager informed the Commission that Chad Brown and Larry Gazaway just finished their CPM class and graduated in December. Robert Uhler and Michael Mix will attend this program in 2019.

5. Health Care 2020 – City Manager said that he is very appreciative of the task force. He will be glad when an Emergency Room is here.

6. Thank you card – City Manager read a thank you card from Todd & Karin Rogers who had camped at Gunn Park recently. The card stated that they have traveled this country from east to west and they both agreed that the camp ground at Gunn Park was by far a wonderful experience. They thanked Norman Mackley and Diane Clay for their assistance and kindness.

Diane Clay, City Clerk, explained they had to leave their camper at Gunn Park as they had a daughter who gave birth to a baby and needed to return home. Norman took good care and watched over their camper for them until they were able to come back and get it.

ADJOURNMENT:

Parker moved to adjourn the meeting at 6:47 p.m. Mitchell seconded. All voted aye.

ADJOURNED MEETING AT 6:47 P.M.

The next regularly scheduled meeting is to be held on January 15^th, 2019 at 6:00 p.m.

RECORDED BY:

DIANE K. CLAY

CITY CLERK

The Fort Scott City Commission meets every other Tuesday. The next meeting is at 6 p.m. on Jan. 15 at City Hall.

This is the agenda of the meeting.

I. ROLL CALL:

ADAMSON BARTELSMEYER NICHOLS PARKER MITCHELL

II. FLAG SALUTE:

III. INVOCATION: Pastor Norman Tillotson, First Baptist Church

IV. PROCLAMATIONS/RECOGNITIONS: Recognition of Alpha Money and Randy Ballweber – Codes Certification

V. CONSENT AGENDA:

1. Approval of minutes of the regular meeting of December 18^th, 2018.

2. Approval of Appropriation Ordinance 1230-A totaling $581,238.41.

3. Resolution 1-2019 designating the official City newspaper.

4. Resolution 2-2019 designating the official City depositories for public funds

5. Certificate of Appropriateness – 7 South National Avenue and 6 East Wall

6. Certificate of Appropriateness – 10-12 East Wall Street

7. Certificate of Appropriateness – 124 E. Wall Street

8. Resolution 3-2019 – Notice of Hearing with Reference to Alleged Unsafe and Dangerous Structure located at 1612 E. Oak – Public Hearing Date – 3/5/2019 at 6:15 p.m.

VI. REORGANIZATION OF CITY COMMISSION AND ELECTION OF MAYOR, COMMISSION PRESIDENT, B.C.E.D.C.I. REPRESENTATIVE, AND FORT SCOTT HOUSING AUTHORITY DELEGATE

1. 1. Election of Mayor – Swearing in of new Mayor
   2. Election of Commission President

   3. Election of Bourbon County Economic Development Council Inc. Representative

   4. Election of Fort Scott Housing Authority Delegate

VII. APPEARANCE/COMMENTS/PUBLIC HEARING:

1. APPEARANCE: Mark McCoy – Discussion on Visioning Committee

B. CITIZEN COMMENTS (Concerning Items Not on Agenda – 3 minute limit per citizen)

C. PUBLIC HEARINGS/COMMENTS: None

VIII. CONSIDERATION:

1. Airport Electric Vault Upgrade – Rachel and Seth

2. Consideration to Solicit Bids – Self Contained Breathing Apparatus (16) – Dave Bruner

IV. COMMENTS:

1. Director Updates: Deb Needleman – KCAMP

Rachel Pruitt – Price Chopper Incentives

2. Commission:

3. City Attorney:

4. City Manager:

1. 1. 1. Health Care Update

EXECUTIVE SESSION:

I MOVE THAT THE CITY COMMISSION RECESS INTO EXECUTIVE

SESSION FOR ________________________________ IN ORDER TO

(see below justification)

DISCUSS ______________________________________. THE

EXECUTIVE SESSION WILL BE ___________ MINUTES AND THE OPEN

MEETING TO RESUME AT ________________.

Justifications for Executive Sessions:

• Personnel matters of non-elected personnel

• Consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship

• Matters relating to employer-employee negotiations whether or not in consultation with the representative or representatives of the body or agency

• Confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships

• Preliminary discussions relating to the acquisition of real property

IV. MOTION FOR ADJOURNMENT: ROLL CALL