NOTICE OF AND AGENDA FOR
MEETING OF
FORT SCOTT CITY COMMISSION
CITY HALL

CITY COMMISSION MEETING ROOM

123 SOUTH MAIN STREET
APRIL 20, 2021
6:00 P.M.

1. Roll Call:

K. Allen P. Allen R. Nichols L. Watts J. Jones

II. Flag Salute:

3. Invocation: Led by: Associate Pastor Brian Rhoades, Grace Baptist Tabernacle

4. Proclamations/Recognitions:

5. Consent Agenda:

1. Approval of minutes of the regular meeting of April 20^th, 2021 and special meeting of April 27^th, 2021 and amended minutes of April 6^th, 2021.

2. Approval of Appropriation Ordinance 1287-A totaling $270,376.88.

3. Certificate of Appropriateness – Unsung Heroes Park sign murals

4. Consideration to Pay – HDR Engineering, Inc. – $7,335.00-River Intake Project

5. Approval of Cereal Malt Temporary Beverage License – Good Ol’ Days – Beer Tent – June 4^th & 5^th, 2021

3. Public Comment:

(Sign up required. Comments on any topic not on agenda and limited to five (5) minutes per person, at Commission discretion)

3. City Manager Reports and Comments

3. Director Update: Allyson Turvey-Smart Growth/T-Mobile Update

3. Old Business: None

3. Appearances: Emilie Zalfini – NLC Presentation

Shaun O’Brien – Requests for closure of streets for Good Ol’ Days event:

Old Fort Blvd. from Wall Street to National Avenue

     Main Street from Skubitz Plaza to Third Street

     Scott Street from Wall Street to Second Street

     Wall Street from National to Scott

     First Street from National to Scott Street

     Second Street from National to Scott Street

     Use of Memorial Hall for Baby Contest and Talent Extravaganza

     Heritage Park at corner of First and Main

     Parking lot behind Heritage Park

     Parking lot at corner of Third and Main

     Parking lot at Second and Scott

     Parking lot at Wall and Scott

     Parking lot at Wall and alley between Main and Scott

     Parking lot between Memorial Hall and the Library

     Parking lot between National and Block House (Carnival will begin setting up here on Tuesday, June 2^nd)

Parking lot between Old Fort Blvd. and H & H Realty Agency (Carnival will begin setting up here on Tuesday, June 2^nd)

     Old Fort Blvd – South side from National to alley (Carnival will begin setting up here on Tuesday, June 2^nd)

Skubitz Plaza – (No special set up for event this year, but need Old Fort Blvd closed when tents go up Wednesday on east bound from Main.  All closed Thursday and Friday.

3. New Business:

1. Consideration of Conditional Use Permit – 10 N National – Allow residential living on the first floor

2. Request to Pay – Skitch’s Hauling & Excavation Invoice – $1,914.00

3. Consideration of Curbside Pickup Program

4. Consideration of RFQ’s – Wastewater Treatment Plant Engineering

5. Discussion of Proposed and Recommended Deed Restrictions from Lake Fort Scott Advisory Board Committee

XI. Reports and Comments:

B. Commissioners Reports and Comments:

C. City Attorney Reports and Comments:

XII. Executive Session – If requested, (please follow script in all motions for Executive Sessions)

XIII. Adjournment:

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of April 27^th, 2021 Special Meeting #10

A special meeting of the Fort Scott City Commission was held April 27^th, 2021 at 5:30 p.m. in the City Commission Meeting Room, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners Kevin Allen and Pete Allen were present with Mayor Josh Jones presiding. Randy Nichols, and Lindsey Watts were absent.

AUDIENCE IN ATTENDANCE: Travis Shelton, Susan Bancroft, Allyson Turvey, and Scott Johnson.

CONSIDERATION:

1. Discussion of 10 N. National – Allyson Turvey, Codes Administrator, informed the Commission that RFP’s were sent out for the partial demolition of 10 N. National on April 12^th, 2021 with a bid date of April 27^th, 2021 at 11:00 a.m. There were zero RFP’s received. Ally said she made a few calls to some of the bigger contractors to see why they did not submit an RFP. It was due to some of the extensive requirements on the RFP. She has removed some of the requirements the contractors did not approve of, and handed out a new RFP to the Commissioners. She asked approval to send out the new RFP again.

J. Jones moved to approve to send out the updated RFP for 10 N. National. K. Allen seconded. All voted aye.

APPROVED TO SEND OUT UPDATED RFP FOR 10 N. NATIONAL AVENUE FOR THE PARTIAL DEMOLOTION OF THE STRUCTURE.

ADJOURNMENT:

K. Allen moved to adjourn the special meeting at 5:43 p.m. J. Jones seconded. All voted aye.

ADJOURNED MEETING AT 5:43 P.M.

Respectfully submitted,

Diane K. Clay, M.M.C.

City Clerk

CITY OF FORT SCOTT

CITY COMMISSION MEETING

Un approved Minutes of April 20^th, 2021 Regular Meeting #8

The regular meeting of the Fort Scott City Commission was held April 20^th, 2021 at 6:00 p.m. in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners P. Allen, K. Allen, and R. Nichols were present with Mayor J. Jones presiding. L. Watts connected by Zoom.

INVOCATION: Travis Shelton, Chief of Police, said a prayer asking God for guidance for the City, our Government and City officials.

AUDIENCE IN ATTENDANCE: Travis Shelton, Russell Lingerfelt, Devin Tally, Michael Mix, Michael Hoyt, Susan Bancroft, Rachel Pruitt, Jon Carpenter, Jenna Campbell, Traci Reed, Bobby Reed, Bill Martin, Scott Johnson, Jason Solomon, Dave Bruner, Peter Earles, Janice Allen, and Allyson Turvey.

PROCLAMATIONS/RECOGNITIONS:

CONSENT AGENDA:

1. Approval of minutes of the regular meeting of April 6^th, 2021.

2. Approval of Appropriation Ordinance 1286-A totaling $378,739.16.

3. Request to Pay – Lauber Municipal Law Firm – $9,467.50.

4. Certificate of Appropriateness – Bartelsmeyer Jewelry – 22 N. Main Street

5. March Financials

R. Nichols asked for clarification in the April 6^th, 2021 minutes where Susan was asked if she was sure it was a 100% general purpose tax and not a special purpose tax. City Clerk will correct the minutes to clarify this.

P. Allen said that Susan said at that same meeting she had a paper from the State and he asked to see it and he has not seen it yet. He asked her if she had it. Susan went and got him the paper. Pete said he would talk to Susan later after the meeting.

R. Nichols moved to approve the Consent Agenda with the correction made to the April 6^th minutes. J. Jones seconded. K. Allen, R. Nichols, L. Watts, and J. Jones voted aye. P. Allen voted no. Motion carried 4-1.

APPROVED CONSENT AGENDA WITH THE CLARIFICATION TO THE MINUTES.

Public Comment:

(Sign up required. Comments on any topic not on the agenda and limited to 5 minutes per person, at Commission discretion) – None

City Manager Report and Comments: Jeremy Frazier, City Manager, informed the Commission that a more indepth report will go out to the Commission after Diane returns. This is from all the departments. We are currently in the capital plan process of the budget where the directors submit their capital plans to the City Manager for the upcoming fiscal year. He met with the City engineering firm on projects to be focused on. These include rate studies for water, sewer, and stormwater. Cooper Street completion, engineering projects to be designed in the future, a city lot at 1^st and National that could become a parking lot. Pool inspection, alley improvements, sanitary system, they are doing a lot of items. Met with City engineering and Evergy on Cooper Street. They hope to get this up and going again next week. He congratulated Doug Guns who was recently promoted to Parks Director. Mr. Guns will assume his new role on Monday, April 26^th, where he will oversee the Golf Course and all City parks along with any other job duties assigned. He performed an interview with KSN TV/KODE on housing growth strategies for the City of Fort Scott. He attended the Tourism Advisory Board meeting this week where there was a motion to move the location of the Tourism Manager back to the Chamber which failed for lack of a second to the motion. They are currently interviewing candidates for that position and look to make an offer soon. He conducted the radio morning show with County Commissioner Lynne Oharah on shared services. He attended the Street Advisory Board meeting. He met with a prospective housing firm. Next week there is a downtown cleanup and painting blitz hosted by the Downtown group of the Chamber. We are currently planning Fort Scott Forward which will be held on the fourth Tuesday of each month at the River Room Event Center at 7:45 a.m. City topics will be discussed. He met with the Good Neighbor Action Team about assisting with the Codes Department on rehab of properties. The beverage cart is now operational at the golf course. He attended the LaRoche facility operations meeting with USD 234, and LaRoche members concerned future possibilities of the facility. The City will be holding a work session this upcoming Tuesday on the LaRoche Baseball Complex. He met with Bert Lewis, Fort Scott High School teacher and coach, to discuss the upcoming Prom on May 8^th. He thanked Ted Hessong for the tour of the USD 234 facilities. He attended a meeting with Lowell Milken Center on their upgrade of their facility and grounds. The work will begin soon. The Sheriff has reached out to request sponsorship of their golf tournament,

Pete asked about mowing of right of ways. Jeremy said no. There are only certain things that the parks personnel can mow.

Director Reports: None

Old Business: None

Appearances:

Bert Lewis – Block off West Oak between North National and Judson – Parking lot behind Brewhaus Brewery for valet parking – Prom Walk-in – May 8^th, 2021 – 2:00 p.m. to 12:00 a.m. – Bert Lewis asked on behalf of the Class of 2022 that Oak Street be closed from Judson to National from 2 p.m. to midnight. She also asked that the parking lot be closed behind the Brewhaus Brewery and Moe’s Bakery be closed to be used for valet parking. She asked to borrow two golf carts from the City. Prom will be held on May 8^th at the River Room Event Center.

K. Allen moved to approve the closing of Oak Street from Judson to National and the parking lot behind the Brewhaus Brewery on May 8^th, 2021 from 2:00 p.m. to midnight for FSHS Prom. L. Watts seconded. All voted aye.

approved the closing of Oak Street from Judson to National and the parking lot behind the Brewhaus Brewery on May 8^th, 2021 from 2:00 p.m. to midnight for FSHS Prom

Bailey Lyons – Street Closure Request – Downtown Crosswalk Painting – Certificate of Appropriateness – Bailey Lyons and Rachel French – Downtown Cleanup and Painting Project – Bailey said that they are on the downtown committee for the Chamber. They have over 250 volunteers and 30 local artists to volunteer to work on this cleanup project and painting project. They received a grant and had many donations made from local businesses for this project. She shared a powerpoint project with the Commission. A professional video will also be created. They updated the Commission on all the painting projects that would be completed. They hope to do this project this coming Friday but rain is in the forecast and the date may need to be changed.

K. Allen moved to approve to close the needed streets on Main Street and the approval of the Certificate of Appropriateness for the crosswalk painting. P. Allen seconded. All voted aye.

APPROVED TO CLOSE THE NEEDED STREETS ON MAIN STREET AND THE APPROVAL OF THE CERTIFICATE OF APPROPRIATENESS FOR THE CROSSWALK PAINTING.

Public Hearings: 6:15 p.m. Vacation of the platted 70’ of Durkee Street located between Lots 1-28, Block 2, and Lots 2-28, Block 4, Durkee & Stout Addition – Approval of Ordinance No. 3579

R. Nichols moved to open the Public Hearing at 6:26 p.m. J. Jones seconded. All voted aye.

City Manager said that Ally received a petition to vacate the platted 70’ of Durkee Street signed by Jon Eden, who is the only property owner in this area. This street is located off of South Margrave before the National Cemetery. It doesn’t appear to have been used for many years.

K. Allen asked if this street ran north and was never opened?

Ally said it was never opened or closed.

K. Allen said that there is a big water issue on this property. He said that any kind of rain we get there is a lot of rain that comes into Margrave Street from that property.

Ally said she wasn’t aware of a water issue. She said that Michael Mix has looked at this area and has no problems with the vacation.

Bill Lemke said that he knows the area but not what kind of a drainage problem is there.

Pete mentioned the water issues from Ellis Park and the water that comes down from there.

City Attorney said that this is not an emergency issue and can be tabled at this time and then brought back again at a determined date.

J. Jones made a motion to table the vacation of this street until May 18^th, 2021 at 6:15 p.m. P. Allen seconded. All voted aye.

APPROVED TO TABLE THE VACATION OF THIS STREET UNTIL MAY 18^TH, 2021 AT 6:15 P.M.

R. Nichols moved to close the Public Hearing at 6:40 p.m. J. Jones seconded. All voted aye.

CLOSED PUBLIC HEARING AT 6:40 P.M.

New Business:

1. Consideration of bid – 72” Diesel Cooled Zero Turn Mower – Parks Dept. – City Manager said that bids were sent out on March 30^th for the purchase of a 72” diesel cooled zero turn mower for the Parks Department. The lowest bid did not meet the bid specifications. Approval is requested for the local bid from Bluegrass Equipment of Fort Scott for the higher horsepower mower at a cost of $17,479.85. Approval of the bid from Bluegrass Equipment is requested as this is local.

Discussion was held regarding the bids, the horsepower size, and the fact that two of the vendors didn’t meet the bid specifications.

Bill Lemke said that the bigger engine is needed to assist with the mowing of the hills. It is replacing a 20 year mower and is a Grasshopper bid.

Discussion was held on the bid difference. Susan said if it is within 7% it is within our purchase policy. Susan said that according to the purchase policy, they could go with the local bidder with the lower horsepower, but the other company did not bid of equal horsepower.

J.D. Collins spoke on the mower comparison difference.

Discussion was held if the bid could be challenged. City Attorney said that anything can be challenged. You want the best buy for your dollar. Bob said that you can approve the bid for this mower with the higher horsepower and then wait 30 days to see if the bid is challenged. Bob said you could also reject all the bids and rebid it.

Discussion was held how the local bidder knew he could bid two mowers.

J.D. Collins said that the bid specifications were generic. He knew what the City needed.

K. Allen said he didn’t want to turn the bids down. It is mowing season now.

J. Josh moved to approve the bid of $17,479.85 from Bluegrass Equipment of Fort Scott for purchase of the 72” Diesel Cooled Zero Turn Mower for the Parks Department. K. Allen seconded. All voted aye.

approveD the bid of $17,479.85 from Bluegrass Equipment of Fort Scott for purchase of the 72” Diesel Cooled Zero Turn Mower for the Parks Department. K. Allen seconded. All voted aye.

2. Development Agreement – 1708 E. Wall Street – City Manager said that this is for approval of a development agreement for a special assessment waiver for the property at 1708 E. Wall Street. This is owned by Robert Coon and has a lot of City assessments on it including a demolition of a structure. He is planning to rehab this property and demonstrate a $15,000 valuation of work will be done in a 12 month period to rehab the property. Assessments of $7,204 will be forgiven by the City. If improvements are not completed in a 12 month period, the assessments will be put back on the property. Bob has approved this agreement.

Ally said that Robert Coon submitted a waiver application for the property at 1708 E. Wall Street which is a vacant lot. He is proposing a duplex for this property. He has applied for a loan for this project. He asked to waive the $7,204.00 of special assessments against this property. If not completed in a twelve month period, the assessment fees will be applied back to the property.

K. Allen moved to approve the agreement of waiver and the development agreement for the property at 1708 E. Wall Street. P. Allen seconded. All voted aye.

APPROVED THE AGREEMENT OF WAIVER AND THE DEVELOPMENT AGREEMENT FOR THE PROPERTY AT 1708 E. WALL STREET. THIS PROPERTY IS TO BE DEVELOPED IN A TWELVE MONTH PERIOD. IF NOT, THE ASSESSMENTS OF $7,204.00 OF SPECIAL ASSESSMENTS WILL BE APPLIED BACK TO THE PROPERTY.

3. Approval of KAIP K.D.O.T. Grant – Upgrade of fuel system – Airport – City Manager said that he is asking approval for the Commission to approve the Kansas Airport Improvement Program Grant award in the amount of $17,000 with a City match of $3,000. This grant will update the current fuel pedestal system at the Airport.

Rachel said that this will replace the fuel pedestal which will allow for self fuel at the airport. It will be upgraded. It is an 85/85% grant. The grant was applied for back on September 28^th, 2020.

R. Nichols moved to approve the K.A.I.P. Grant. J. Jones seconded. P. Allen R. Nichols, L. Watts, and J. Jones voted aye. K. Allen abstained. Motion carried 4-1.

APPROVED THE ACCEPTANCE OF THE K.A.I.P. GRANT IN THE AMOUNT OF $17,000 WITH AN 85/85% CITY MATCH AT THE AIRPORT.

Rachel said she had another item to bring before them. This is the CDBG Change Order for Mayco Ace Hardware. Rachel said that a special meeting would need to be called. She explained what happened. At the last meeting, the City Commission gave approval for the change order contingent upon approval by the State of Kansas. Rachel said that the State needs a letter signed by the Mayor. This is just a change in the process.

City Attorney said that this is just a technical change and the previous meeting’s motion will handle approval for the Mayor to sign this letter to send the change order.

4. Fee Increase – Buck Run Community Center – Corey Larsen Gymnasium – City Manager said that the City is asking to raise the Corey Larsen gymnasium current rental rate which is $30.00 for 3 hours to a new rate of $40.00 for 3 hours. This was missed at the last meeting with the increases at Buck Run.

L. Watts moved to increase the Corey Larsen Gymnasium rental fee from $30.00 to $40.00. R. Nichols seconded. All voted aye.

APPROVED TO INCREASE THE COREY LARSEN GYMNASIUM RENTAL FEE FROM $30.00 TO $40.00.

5. Discussion of Utility Customer Exception – City Manager asked the Commission to consider to allow a customer to set up a payment plan with the City for their water bill. The account has $2,017 owed on it and remains delinquent. They had issues getting the landlord to fix the leak and the leak continued several months. The payment plan would be $150.00 per month in addition to their current monthly bill until the delinquency is filled.

Pete asked if the leak had been fixed.

Josh said it had been fixed. It took the landlord eight or nine months to take care of it.

Randy asked why the landlord wasn’t put in charge of fixing this leak.

Kevin said that should be in their lease agreement as far as paying for utilities.

Bob said if the house isn’t up to Codes that the Codes Department can move in and force the landlord to correct the issues.

K. Allen moved to approve to allow this utility customer exception to accept the monthly payment of their utility bill in addition to $150.00 or a negotiated rate made by the City Manager. L. Watts seconded. All voted aye.

approved to allow this utility customer exception to accept the monthly payment of their utility bill in addition to $150.00 OR A NEGOTIATED RATE MADE BY THE CITY MANAGER.

6. Potential services to bid per financial policy for discussion and potential action – City Manager asked for a list of items, that according to our current purchase policy needs to be bid out on a three year basis. These have not been bid out for several years. He was approached by a City Commissioner to look at these items.

J. Jones mentioned bidding these out on a three year basis.

City Manager said that they can bid how they want. All of our contracts can be terminated at any time.

J. Jones moved to bid all the list of vendors provided to them at a period of up to three years. R. Nichols seconded. P. Allen, R. Nichols, L. Watts and J. Jones voted aye. K. Allen abstained. Motion carried 4-1.

APPROVED TO BID OUT THE LIST OF VENDORS UP TO A THREE YEAR TIME FRAME PERIOD.

Reports and Comments:

1. Commissioner Reports and Comments:

L. Watts – Thanked the City Manager for the Director reports and the Commission packets and the work put into them. She said that they are very informational.

P. Allen – Pete said he wanted to comment on the crack filling with the contractor. There are obvious problems and all the areas were not cleaned prior to being filled. He is not happy with the contractor.

City Manager will contact the contractor about this. He was very happy to visit with any Commissioner and will come and address the Commission also if needed and make any necessary repairs.

Pete said that our pothole patch machine will also do this work.

K. Allen – Thanked Rachel French and Bailey Lyons for appearing this evening and taking this big project on.

He asked about several items:

1. Secondary valve at Lake Fort Scott. Only one valve is there and another one is supposed to be installed but hasn’t been yet. He asked about a gate valve.

2. Testing at water at Lake Fort Scott – The Lake Committee would like to have the water tested at the south and north end of the lake at least once a month during the summer months to catch any bacteria. Water is tested at the pool and we need to make sure our water at the Lake is safe also.

3. 195^th Street – Road on east side just south of the spillway is deteriorating. The ditch needs cleaned out badly. He has asked for this to be cleaned out for a year. It is a simple job and would not take a lot of time. The street needs cut out also. A whistle could be put in there too.

4. Millings – The millings to come off National, he would like to see used at the Golf Course. He was out there with one of the employees and he thinks they would work well at the parking lot there. Also, Scoritino Park needs some also.

5. City Barn – He said that a lot of time that items are brought to the City Barn. There is no need to bring items to the City barn and unload there.

6. Gunn Park caretaker house – He and the City Manager and some City employees met today at the house at the Gunn Park. That has been a spectacular place in its day. He thinks we could get volunteers to help clean up this house. Bids could be taken for a contractor to come in and fix up this house.

7. Horton Street patching – Some patch work has started.

8. Sharky’s – He asked about that. City Manager said that two patches were completed today and Sharky’s will be done tomorrow.

9. Horton – He asked about curb and gutter. Bill said that tomorrow they will finish up the patch there.

10. Pothole reporting – He asked where we were on that. City Manager said that the See-Click-Fix software will be used for this. The timeframe is May or June.

11. Walking Trail – He visited with City Manager and Paul Ballou. On the right hand side, there is an area that has always held water. The City will address that. Paul has been putting rock and stone in there, but we can do better.

12. County-He asked about the City purchasing some ground from the County for some C & D disposal. We have several houses that need demolished. He asked if they thought it would be beneficial. Josh said that he doesn’t know what the red tape is for landfills. Josh said Justin Meeks is supposed to be checking on this. Kevin asked Bob Farmer to check with Justin on this.

13. Beer cart – He asked about the beer cart and how that worked. He said people are bringing their own coolers onto the course. He had a guy tell him that he did buy a beer off their cart, but he had his own. Is it legal and how is it set up? Can they bring their own beer there? City Attorney said that they control the course. They can have their own rules where they buy their beer from the course. Bob will check into this. City Manager said that there is a sign posted prohibiting all outside beverages. The Manager is trying to enforce the policy that exists.

R. Nichols – Thanked Chad Brown for his years of service to the City of Fort Scott. He welcomed Bill Lemke as the Interim Public Works Director.

Randy asked the other Commissioners if they had read the Highway 69 report which was done about 10 years ago. There are a lot of items that have been accomplished. He mentioned one of the items was making Main Street two way traffic. The other item is planning for South National and to look for grants to finish this project. He discussed the landscape of the entrances to Fort Scott. Sometimes in the community some organizations helped finance projects which could include entrances to Fort Scott. He said he isn’t sure we utilize the value of the National Cemetery and that we have good signage from the cemetery to the downtown area. He encouraged them to read through the first chapter of this documents.

Kevin asked if signage could be obtained from K.D.O.T. with this.

City Manager said that all documents that the City had has been shared with Earle’s Engineering for their review.

J. Jones – Asked about an update on Municipal Court.

Travis said that their target goal was April 1^st. We are waiting on some other areas to be addressed with the course. Josh asked for a report at the next meeting.

Sunset Drive triangle area needs mowed. City Manager will get this mowed.

Gunn Park lot – He asked about the grant at Gunn Park and the parking lot. He asked where we were on that.

Lake Committee – He asked if Earle’s Engineering could survey off three lots north of the first pavilion at the Lake to be sold. City Manager said that he is familiar with those lots. Pete Earles said they should have that done around the 1^st of May. Josh said that the Lake Committee had some concerns about the property and deed restrictions on the property. Kevin gave an update on deed restrictions also. City Attorney mentioned having a special meeting to discuss the sale of the lake property and any possible deed restrictions. City Manager said it would be May 11^th. Josh said that we can bring this up at the next meeting and see if a work session is needed. Randy asked if a homeowners association is needed at the lake. Bob said the whole reason for the lake is for our drinking water.

Pete asked about the ordinance at the Lake regarding City lots as if they have the same rules as the City has and if they are governed by the City. Bob said that existed when the City owned the land. We get no tax money from that either.

City Attorney Report and Comments: Nothing to report.

Executive Session:

R. Nichols moved that the City Commission recess into Executive Session for the purpose of discussing attorney/client privilege in K.S.A. 75-4319(b)(2). The open meeting will resume in the Commission meeting room at City Hall at 8:30 p.m. J. Jones seconded. All voted aye. This included the City Commission, City Manager, and City Attorney.

J. Jones moved that the City Commission come out of Executive Session at 8:30 p.m. K. Allen seconded. All voted aye. Motion carried.

Adjournment:

K. Allen moved to adjourn the meeting at 8:30 p.m. J. Jones seconded. All voted aye.

ADJOURNED MEETING AT 8:30 P.M.

Respectfully submitted,

Transcribed by,

Diane K. Clay, M.M.C.

City Clerk

CITY OF FORT SCOTT CITY COMMISSION MEETING

Minutes of April 6^th, 2021 (Amended) Regular Meeting #7

TheregularmeetingoftheFort ScottCityCommission was heldApril6^th, 2021 at 6:00

p.m.intheCityCommissionMeetingRoomatCityHall,123S.MainStreet,FortScott,Kansas.

ROLL CALL:

CommissionersP.Allen,K.Allen,R.Nichols,andL.WattswerepresentwithMayorJ.Jones presiding.

INVOCATION: Associate Pastor Allen Pruitt, Grace Baptist Tabernacle, said a prayer asking God for guidance for the City, our Government and City officials.

AUDIENCE IN ATTENDANCE: Travis Shelton, Russell Lingerfelt, Devin Tally, Michael Mix, Michael Hoyt, Susan Bancroft, Rachel Pruitt, Jon Carpenter, Jenna Campbell, Traci Reed, Bobby Reed, Bill Martin, Scott Johnson, Jason Solomon, Dave Bruner, Peter Earles, Janice Allen, and Allyson Turvey.

PROCLAMATIONS/RECOGNITIONS: Introduction of Jon Carpenter, new Law Enforcement Officer Academy Graduate – Travis Shelton, Chief of Police, introduced Jon Carpenter. He started with the department in August and left for academy in November. He graduated recently from academy. In normal conditions, many from the department, would have attended the graduation. Due to Covid, that is now limited. His family attended his gradation from the parking lot and celebrated with balloons and is very proud of him.

ADDITIONS TO AGENDA: There were no additions to the agenda.

R.Nicholsmoved toapprove the agenda.L.Wattsseconded.All voted aye.

APPROVED AGENDA. CONSENT AGENDA:

1. Approvalof minutesof the regularmeetingof March16^th, 2021 and special meeting minutes of March 23^rd, 2021, and March 30^th, 2021.

2. Approval of Appropriation Ordinance 1285-A totaling $887,464.66.

3. Request to Pay – HDR Engineering, Inc – $12,405.00 – Phase II Dam Improvements

– River Intake Project

P.Allensaidhewishedtoaddresstheminutesofthelastmeetingregardingthepayment toPipe Detectives.

CityManagerasked Michael Mix to address thistopic.

Michaelsaidthattheydidthreetapsandthentherewere15hoursofspecialtyremovalwhichwererootsmainly.Theydidmakeamistakeontheirinvoicethatyousaw.Itsaidtapsbutitwasspecialtyremovaland15hoursworth.Thatcouldbesomeofthe confusion.It wasjust alabelingmistake.

P.Allensaidthatwasapprovedbyhim.Iftheinvoicewasincorrect,itshouldhavebeenaddressedbyMichael.Thatisfalseinformation.Wearechargedtopaythebillsby information given to us.

Michael said that the invoice he signedoffonwas correct.

Kevin said thatwe only saw three taps whenwatching the videos.

Michaelsaidthatthefinishedproductisthefinalinspectionofthoselines.Everysecondandminuteisrecorded.Thereisoverfivehoursworthofrootremovalthatwas giventous.

P.Allenaskedifhe was guessing on the rootremoval.

Michaelsaidthatthereissomeamountoftrustwithacontractor.Theydidcallhimup whenissues arose.

Discussion was heldon documentationofcalls.

Michaelsaidthathereviewedallthevideosandhebelievestheydidanexcellentjoband chargedus forwhat they did.

R.NicholssaidthatheaskedtheClerktodocumentmoreofhiscommentsunderthemicromeatpackaging plant whichshe did.Theyare on theirspot at the table.

L.WattsmovedtoapprovetheConsentAgenda.R.Nicholsseconded.K.Allen,R.Nichols,L.Watts,and J.Jones voted aye.P.Allen votedno. Motion carried 4-1.

APPROVED CONSENT AGENDA.

Public Comment:

(Signup required.Comments on anytopicnoton the agendaandlimited to 5minutes perperson,atCommission discretion)

Michael Hoyt – Mr. Hoyt handed Bob Farmer, City Attorney, a copy of the United States Constitution. He asked him what the 21^st amendment was. He answered that it was a repeal of the 18^th amendment allowing the sale of alcoholic beverages.

BourbonCountyCommission– This morning at their meeting they have dictated to us how they are going to handle an advisory board for an HR Assistant/Administrator that we are going to share. That’s not the way we do it. We solicit letters of interest and then you vote on them. He doesn’t see why this should be any different on an advisory board shared by the City and the County.

K.Allen said that thisis the firsthe hasheard ofthis. Mr.Hoyt said that they werespeaking on shared services.

CityAttorneysaiduntiltheCountynotifiesus,andweseeitinblackandwhite,it’s a pointless discussion.

Scott Johnson – Mr. Johnson said that he appreciates the positive communication with Fire, Police and the Sheriff. He printed off a list of items that he wants out of the Eagle Block building. He doesn’t know what he needs to do to clarify or what needs to be done to get a contract written properly. What he agreed to on record he feels like has not been done. He isn’t trying to backtrack on it but just wants clarification. Also, if there was an interested party, why wasn’t he notified of it. He said the building didn’t need to get to this point and it should be looked into. He left a list of items that he wished to remove from the building at 10 N. National with the City Clerk. He said that he is working on the marina at Lake Fort Scott still. He has been working with Travis Shelton and Dave Bruner on this. He won’t be selling any fuel, tobacco, or alcohol there. Even though it is a City lake, it is on County property. It will be just ice and snacks and things like that.

City Manager Report and Comments: Jeremy Frazier, City Manager, informed the Commission that on March 25^th he took part in a guided tour of the First Source building led by Rachel with a local realtor for a prospective new tenant. There could be potential future discussions at which time it would come before the Commission for consideration. He said that the City is blessed to have engaged policy makers, staff, and citizens. In an effort to select a qualified engineering firm, administration organized a committee which included himself, Commissioner Pete Allen, Commissioner Kevin Allen, Susan Bancroft, and Gary Cullor. In addition, he thanked these individuals for serving on this committee for selecting, interviewing, and negotiating the contract for engineering services which he hopes you approve today. He also thanked Leah Bowman for her assistance in checking the engineering background references. He attended a See-Click-Fix kickoff on March 30^th. This will begin rolling out in May or June. The meeting outlined the rollout process. He met with Congressman Jake LaTurner and his staff while touring the National Historic Fort along with the Mayor and Park service staff. The Congressman was very gracious and expressed a desire to serve the community of Fort Scott. He attended the Chamber Coffee, grand opening and ribbon cutting on April 1^st of Old 54 Cycle. It was a well attended and well organized event. The City appreciates the Chamber’s leadership and work serving the business community of Fort Scott. He met with the Mayor and County leadership to discuss a possible additional School Resource Officer in the schools and also expansion of the baseball field. They also discussed other potential cost sharing ideas for the future. He participated in a guided tour of Lake Fort Scott and thanked Tom Graham, the Lake Patrol Officer. He knows everybody at the Lake. He met with Senator Jerry Moran to discuss needs and goals for the community of Fort Scott. He said that Randy and Kevin both joined him at Labconco this morning. He also met with residents in the area of Nelson Park to discuss drainage and sanitary sewer issues in that area of town that need addressed. The City has several job postings for several positions and urged anyone interested to review and apply for the open positions.

Director Reports: None

Old Business:

1. ApprovalofOrdinanceamendingAssessmentofMowingCostsfrom$300.00to

$75.00– Ordinance No. 3576 – Susan Bancroft, Director of Finance, informed the Commission that this was approved at the last meeting. The ordinance will make it official which will change the mowing assessment from $300.00 per mowing to

$75.00permowing.

K.AllenmovedtoapproveOrdinanceNo.3576whichlowersthemowingassessment from$300.00 to $75.00.L. Watts seconded.All voted aye.

APPROVED ORDINANCE NO. 3576 AMENDING SECTION 8.24.040, ABATEMENT, ASSESSMENT OF COSTS, OF CHAPTER 8.24, WEED CONTROL, OF THE FORT SCOTT MUNICIPAL CODE. LOWERED MOWING ASSESSMENT COSTS FROM $300.00 PER MOWING TO $75.00 PER MOWING.

2. DiscussionofGolfCourseTieredMemberships– City Manager informed the Commission that the Golf Course Advisory Board met on March 24^th, 2021 to discuss the tiered memberships. The Board suggested that Shannon O’Neil collect zip codes from the golfers and bring back to the City Commission in 2022 to gather data. A recommendation can be made at that time.

11. Allensaidthathedidhearsomenegativefeedbackfromtheplayersandthereissome resistance.

Discussionwasalsoheldregardingpayingtheyearlymembershipininstallments.Susan said that the City’s point of sale system will not allow for that. She said she could explore a different point of sale system if directed to.

Appearances: None

Public Hearings: 6:15 p.m. – Petition for Vacation of the platted 2^nd Street East of South Lincoln Street – Approval of Ordinance No. 3577

11. WattsmovedtoopenthePublicHearingat6:32p.m. R.Nicholsseconded. Allvoted aye.

OPENED PUBLIC HEARING AT 6:32 P.M.

CityManagerasked Ally toaddress this issue.

AllysonTurvey,CodesAdministrator,saidshereceivedapetitionfromaresidenttovacatetheplatted2^nd Street east of South Lincoln Street. There was a map included also on this particular street. The street dead ends between two properties. They found the part of their storage facility was on the City’s easement. Each of the

surroundingpropertyownershavesignedoffonthepetitiontovacatethisalley.Thiswas requested byMikeRogers andAustin DuVall.

There wereno commentsfrom the audience.

R.NicholsmovedtoapprovedOrdinanceNo.3577– Vacation of Street. L. Watts seconded. R. Nichols, L. Watts, and J. Jones voted aye. K. Allen and P. Allen both abstained. Motion carried 3-2.

APPROVED ORDINANCE NO. 3577 TO VACATE THE PLATTED 2^ND STREET LOCATED EAST OF SOUTH LINCOLN EAST BETWEEN LOTS 11, BLOCK 9, ANDRICK’S ADDITION, AND LOT 1, BLOCK 9, ANDRICK’S ADDITION, AND LOT 1, BLOCK 10, ANDRICK’S ADDITION, TO THE CITY OF FORT SCOTT, KANSAS, MORE COMMONLY KNOWN AS 2^ND STREET EAST OF SOUTH LINCOLN STREET.

L.WattsmovedtoclosethePublicHearingat6:38p.m.R.Nicholsseconded.Allvoted aye.

CLOSED PUBLIC HEARING AT 6:38 P.M.

New Business:

1. Approval of Ordinance No. 3578 – Ordinance authorizing the levy of a .5% Citywide retailer’s sales tax and related matters – City Manager asked Susan to address this issue.

SusansaidthatthisOrdinanceapprovesthe½centsalestaxthatjustpassed,anditbasicallyiswhatneedstobesenttotheState.Therewasarevisedcopyatthe table with the definitionthat stated thepurpose ofthis.5% sales tax.

J.Jonesaskedifshewas100%surethatthe1%salestaxthatwasreferencedinthedocumentwasageneralpurposetaxandnotaspecialpurposetax.SusansaidthatshehasaletterfromtheStateofKansasthatverifiesthatandshecanprovide themwithacopy if needed.

R.NicholsmovedtoapproveOrdinanceNo.3578authorizingthelevyofa.5%salestaxintheCity.L.Wattsseconded.R.Nichols,L.Watts,andJ.Jonesvotedaye.P.Allen voted no.K.Allen abstained.

APPROVED ORDINANCE NO. 3578 OF THE GOVERNING BODY OF THE CITY OF FORT SCOTT, KANSAS, AUTHORIZING THE LEVY OF A ONE-HALF PERCENT (0.5%) CITY-WIDE RETAILERS’ SALES TAX AND RELATED MATTERS.

2. Consideration of Change Order – Mayco Ace CDBG Project – Rachel informed the Commission that on February 16^th, 2021, the City Commission approved the Mayco Ace CDBG Project and authorized the Mayor to sign all pertinent documentation. According to our purchase policy, all change orders have to come to the City Commission for approval. This change order is for $8,500. This will

probablynotbethelastchangeorderduetotheconditionoftheroof.Thischangeorderisduetothedrop-downceilingandalltheoldelectricaltheyfoundwhencleaning this out.

R.NicholsmovedtoapprovetheChangeOrder#1intheamountof$8,500fortheMayco Ace CDBG project.L. Wattsseconded.P.Allen,R. Nichols, L. Watts,andJ.Jones voted aye.K.Allenabstained.Motioncarried 4-1.

APPROVED CHANGE ORDER #1 IN THE AMOUNT OF $8,500 FOR THE MAYCO ACE CDBG PROJECT.

RachelsaidthattherewillbeanotherChangeOrdercoming.SheaskediftheywouldapprovethenextChangeOrdertopreventanothermeetingcontingentuponthe State approving it.

CityManagersaidthathewouldencouragethemtobringtheChangeOrderbackto theCommission.

L.Wattsasked ifthiswould be holding up the project.Rachelsaid that aspecialmeetingwould have tobe called.

L.WattsmadeamotiontoapprovefortheMayortosignthenextChangeOrderafteritisapprovedattheStatelevel.R.Nicholsseconded.R.Nichols,L.Watts,andJ.Jonesvotedaye.P.Allenvotedno.K.Allenabstained.Motioncarried3-1-1.

APPROVED FOR THE MAYOR TO SIGN THE NEXT CHANGE ORDER FOR THE MAYCO ACE CDBG PROJECT AFTER IT IS APPROVED AT THE STATE LEVEL.

3. Discussion and presentation of importance of water/sewer rate study – Jason Solomon – Kansas Rural Water Association – Jason Solomon, Kansas Rural Water Association, appeared before the Commission to encourage the City to consider using someone for a more advanced water/sewer rate study. Kansas Rural Water Association’s rate study is very general. He recommended Carl Brown as he can give the City a model and an analysis to make decisions in the future. This study can assist with grant funding in the future. It is an important decision for the future. He provided the City with references for Carl Brown and urged them to check him out and his references.

K.AllenaskedifwecouldgetafreewaterratestudyfromKansasRuralWaterAssociation.

Mr.Solomonsaidyes.Itwouldbeverybasicthoughandnothavealotofdetailedinformation.

CityManagerasked ifK.R.W.A.thought oursystemwas toocomplex.Mr.Solomon saidyesbut they canprovideabasic analysis fortheCity.

11. AllenmovedtogetafreewaterrateanalysisfromKansasRuralWaterAssociation.P.Allenseconded.All votedaye.

APPROVED TO GET A FREE WATER RATE ANALYSIS FROM KANSAS RURAL WATER ASSOCIATION.

4. Consideration of Wrecker Rotation Policy – Traci Reed, Dispatch Supervisor, informed the Commission that we have several different towing companies in the City. They serve on a day-to-day rotation basis. They have had several issues with tow companies showing up when it is not their designated day, without proper identification imposed by the State of Kansas, making complaints on another wrecker service, jumping calls, consistencies, and charges. She spoke with the Chief of Police and Sheriff Martin. Sheriff Martin got together a policy and shared it with her. In the past, the City and County have always been the negotiating factor with tow companies. With this policy, if approved, will address all of these situations.

11. Watts asked if it had been approved by the County.

K.Allensaidwhentheyhadameeting,oneofthetopicswasstoragefees.Heasked ifthis would includeaheavy truck likeasemi truck.

SheriffMartinsaidthathereached outtoinsurancecompaniesandtheiradjusterswillbeonsitewithinaweekorless.Afterthatagreementismade,thoseratescanincrease towhat theyneedtobe.

K. Allen asked about penalties.

Tracisaidwiththefirstpenaltywillcomeasacertifiedlettersayinganinvestigationwouldbestarted.TheSheriff,ChiefofPolice,andherselfwillgettogetheranddecidetheoutcome.Thereisawrittenwarning,probationarystatus,or suspension.

SheriffMartinsaidajumpingofacallwouldbeawrittennotice.Itwoulddependonthecircumstances.HedidsaythattheCountyhasnotsignedoffonthisasthisisaquestionofoperationsfortheSheriffDepartmentandhedoesnotneedCommission approvalfor that.

11. AllenmovedtoapprovetheTowRotationPolicy.L.Wattsseconded.Allvotedaye.

APPROVED TOW ROTATION POLICY.

5. Consideration of Dispatch Contract – Bob Farmer, City Attorney, said that the Bourbon County Commission approved the Dispatch Contract this morning at their meeting. This lease agreement is for ten (10) years and commences on June 1^st, 2021 and ends on June 1^st, 2031. The City will pay no monthly rent to the County. The City will pay for all repairs to the building and no remodeling will be

completedwithouttheCounty’s approval. He suggested since they have not seen it they could table it at this time.

Discussionwasheldhowquicklytheyneedtoproceedwiththeworktheyaredoing.

11. Wattssuggestedmovingthistothebottomoftheagendaandthencomebacktothisitem.

J.JonesmovedtoapprovetheDispatchContract.K.Allenseconded.Allvotedaye.

APPROVED DISPATCH CONTRACT LEASE AGREEMENT BETWEEN THE CITY AND BOURBON COUNTY.

6. Consideration of Contract Mowing Bid – Ally Turvey said the City went out for contract mowing for yards with weeds violations. The bids were opened on March 25^th, 2021 at 10:00 a.m. The apparent low bidder is Justin Uhler of Fort Scott in the amount of $17.50 for residential properties and $20.00 for large residential properties. She recommended the low bid for Justin Uhler.

R.NicholsmovedtoapprovethelowbidforcontractmowingfromJustinUhler.L.Wattsseconded.All voted aye.

APPROVED LOW BID FOR CONTRACT MOWING FROM JUSTIN UHLER IN THE AMOUNT OF $17.50 FOR RESIDENTIAL PROPERTIES AND $20.00 FOR LARGE RESIDENTIAL PROPERTIES.

7. Consider ation of RFP’s – 10 N. National – Ally Turvey said that we had a Land Bank meeting a couple of weeks ago where the Board proposed to go out for RFP’s on the interior demolition of the property at 10 N. National. There was some question at that meeting as to whether the County would be willing to waive dump fees for that project. That is the discussion for tonight.

SusansaidthattheCountycannotwaivedumpfees.TheCountyCounselorsaidthat the County cannotwaive the fees.TheCity is not doing the interiordemolitionbut itwould be aprivate contractor.

K.AllensaidthathethinksweneedtolookintothisandaskedBobFarmeraboutit.

Bob said that the County controls the dump and we don’t have a say.

10. Jones said that we might as well take the debris down south and save money.

10. AllensaidthatwewanttobeabletoworkwiththeCommission.Weneedtocometo areasonable solution.

AllyaskediftheyarewantingtowaittogooutforRFP’s on the interior demolition of this structure until this is decided? This property is ready to collapse, and it has been quite some time.

K Allen said that building has been like that for four or five years.

Ally said that the roof has collapsed and it is becoming more and more dangerous.

SusansaidthatyoucansendtheRFPwithabidfordemolitionfeesandanalternative bid withoutdemolition fees tothecontractors.

10. Watts said that is the direction to go.

AllysaidthattheLandBank/Cityisgoingtoberesponsibleforthecostsofthedemolition and the dump fees.

L.WattsmadeamotiontogooutforRFP’s with and without dump fees. R. Nichols seconded. All voted aye;

APPROVED TO SEND OUT RFP’S FOR INTERIOR DEMOLITION OF THE STRUCTURE AT 10 N. NATIONAL WITH DUMP FEES INCLUDED AND WITHOUT DUMP FEES INCLUDED.

(Kevin Allen left the meeting at 7:32p.m.)

8. Request to pay – Skitch’s Hauling & Excavation – February invoice – Port-A-Potties

– $968.00 – City Manager said this is before them for review and approval.

J.JonesmovedtoapprovetheSkitch’s Hauling & Excavation Invoice in the amount of $968.00. P. Allen seconded. All voted aye.

APPROVED SKITCH’S HAULING & EXCAVATION INVOICE FOR FEBRUARY FOR PORT-A-POTS IN THE AMOUNT OF $968.00.

(Kevin Allen returned to the room at 7:35 p.m.)

9. Discussion of City fees – Bob Farmer, City Attorney, said that one motion could be made to approve all these fees if desired.

1. 1. Municipal Court – Raising from $51.00 to $76.50 (Approval of Charter Ordinance if approved) – With State of Kansas applicable fees the courts costs would be $100.00 total –

1. 2. Aquatic Center – Pool Parties – From $100 to $150 per hour

1. 3. Buck Run Community Center

Small meeting room – From $15 to $25 for three hours Large meeting room – From $15 to $35 for three hours

1. 4. Airport – Hangar Spot Rental – From $70 to $75 Overnight Transient Storage Fee – Single $10 – Twin $20 After Hours Service Fee – $25.00

Hangar #1 – Increase from $70.00 monthly to $100.00 monthly Hangar #2 – Increase from $200.00 monthly to $300.00 monthly

1. 5. Dog Redemption Fee – Increase from $7.00 to $10.00

J. Jonesaskedaboutthehangarfeesashethoughtithadbeenapprovedattheprevious meeting.

SusansaidthatnotalloftheairportfeeincreaseswereincludedthattheirAdvisoryBoardhadrecommended,andshethoughtifitwasallputtogetheragain it wouldmakemore sense.

R.Nicholsmovedtoapprovetheincreasesasshownabove.L.Wattsseconded.All voted aye.

APPROVED CHARTER ORDINANCE NO. 33 REPEALING CHARTER ORDINANCE NO. 28 OF THE CITY OF FORT SCOTT, KANSAS AND EXEMPTING THE CITY OF FORT SCOTT, KANSAS FROM K.S.A. 12-4112, PROVIDINMG SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, AND AUTHORIZING THE ASSESSMENMT OF COURT COSTS IN CASES HEARD IN MUNICIPAL COURT OF THE CITY OF FORT SCOTT, KANSAS – RAISES COURT COSTS FROM $51.00 TO $76.50.

AQUATIC CENTER – POOL PARTIES – FROM $100 TO $150 PER HOUR. BUCK RUN COMMUNITY CENTER

SMALL MEETING ROOM – FROM $15 TO $25 FOR THREE HOURS

LARGE MEETING ROOM – FROM $15 TO $35 FOR THREE HOURS

AIRPORT – HANGAR SPOT RENTAL – FROM $70 TO $75 OVERNIGHT TRANSIENT STORAGE FEE – SINGLE $10 – TWIN $20 AFTER HOURS SERVICE FEE – $25.00

HANGAR #1 – INCREASE FROM $70.00 MONTHLY TO $100.00 MONTHLY HANGAR #2 – INCREASE FROM $200.00 MONTHLY TO $300.00 MONTHLY

DOG REDEMPTION FEE – INCREASE FROM $7.00 TO $10.00

(TheCommissionwentbackandvotedontheDispatchLeaseAgreement– see vote above under Item #5).

10. Discussion &/or consideration of two contracts with Earle’s Engineering: City Manager introduced Peter Earles of Earles Engineering.

City Engineering Fees;

Mr.Earlessaidthathehasbeeninbusinesabout40years.Theylistedtheitemsthattheydo.Theyworkwithcitiesonmanyitems.Theycanalsohelpwithawater rate study.Thiscontractis forone year at acostof $4,000.00 permonth.

J.Jones asked ifthewater rate study would be above hismonthly rate.Peter said yes.

PeterEarlessaidthattheCitywouldalwaysgetadetailedinvoicefromtheirfirm.TheydonotchargefordrivingtimefromPittsburgtoFortScott.DaveBlessantwouldbethe ProjectManagerforthe City.He isvery familiarwith Fort Scott.

Public Works Project Manager – City Manager said that the Project Manager would be for a maximum of 4 hours per week at a cost of $85.00 per hour or $340.00 a week for a maximum of $17,680.00 per year.

L.WattsmovedtoappointEarlesEngineering,Inc.astheCity’s engineering firm and as the Public Works Project Manager, R. Nichols seconded. All voted aye.

APPROVED TO APPOINT EARLES ENGINEERNG, INC. AS THE CITY’S ENGINEERING FIRM AND AS THE PUBLIC WORKS PROJECT MANAGER.

11. Discussion &/or consideration to award emergency bid of mill and overlay on National from 13^th Street to Highway 69 – City Manager informed the Commission that he had a meeting with K.D.O.T. prior to them starting the mill and overlay project here in town. K.D.O.T. informed them that they could piggyback on this project if the City had a desired project in town. He reached out to Bettis Asphalt Company and asked them to give the City a quote. This quote is for $116,350.50. This would cover from 13^th and National to Highway 69. He asked them to consider approving this on an emergency basis. The money has to come from somewhere and may affect a street they had selected to be worked on this year if this project is done.

K.Allensaidthatwewillendupwith500to700tonsofmillingsthatwecanusethroughout the City.

P. Allen asked about striping.

Jeremy said that was not included in the bid.

DiscussionwasheldregardingusingCityequipmentandlettingthecontractorusetheirown equipment.It was determined to let themuse theirownequipment.

DiscussionwasheldifBettisAsphaltcouldalsorepairthetwoblocksonHortonStreet.City Managersaid that he hasaskedfor aquotefromthem.

CityManageraskedSusantoshare the newsshediscoveredtodaywiththeCommission.

SusansaidthatoneofheremployeesdiscoveredadeposithadbeenmadeintotheCity’s account from K.D.O.T. in the amount of $211,000. She found out that it was a K.D.O.T. deposit from an old project on National. She thinks that the federal exchange dollars was finally received as permits were finalized. These funds have to be used for streets.

City Manager said that this could be used for the two blocks on Horton Street.

J.Jonesasked ifweneedtorecommendtothemtogetaperformanceandpayment bond.

City Attorney said absolutely.

City Manager said that the overlay wouldn’t be done until June.

L. Watts moved to approve the quote from Bettis Asphalt in the amount of

$116,350.50tomillandoverlay13^th and National to Highway 69. R. Nichols seconded. All voted aye.

APPROVED THE QUOTE FROM BETTIS ASPHALT IN THE AMOUNT OF

$116,350.50 TO MILL AND OVERLAY 13^TH AND NATIONAL TO HIGHWAY 69 ON AN EMERGENCY BASIS.

Reports and Comments:

A. Commissioner Reports and Comments:

L. Watts – Said that she will not be here physically for the next couple of months for the meetings but will be connecting by Zoom and still be participating.

R. Nichols – Said that he knows that budget sessions will be starting soon. He is still focused on the comprehensive plan in terms of strategic plans and economic development and wants to make sure we have funding for those resources also. He would like to be more educated on this. We need to look at all our options.

Thanked the City Clerk forall she does for them.

P. Allen – Said that he was proud that we have an engineer on staff now.

Heisgoingtoreadwhathewrote:Hetermeditaresolutionregardingsanitarysewers,manholes,andfunding.HebelievesitshouldbethenumberonepriorityfortheCityofFortScotttoconductastudyofthesanitarysewercollectionsystembythenew engineeringfirm.He would like a $2,000,000 budget set asideforthis.

He believes the study is crucial tothewelfareofourCity.

CityAttorneysaidthatherespectsPete’s comments, but he takes exception and to let there be no question that the City of Fort Scott does not admit that we are in violation of any State or Federal law. This is Pete’s opinion. If someone wanted to make a case,

theycouldsaythatheadmittedit.Noadmissionbythispublicbodywasdoneheretonight.

CityManageraskedifheshouldbediscussingthisissuewithourengineeringfirmsince heis theonly Commissionertobring this forward.

L.Wattssaidthatweknowweonlyhavesomanydollarsthatgoaround.Weneedtoaddress the problems ofthe City.

PeterEarles said that arate study needs completed first.

K. Allen – Said that the street on 12^th Street by 5 Corners is starting to have potholes where the concrete has separated. He asked Jeremy to have someone go and look at it.

NorthNationalbybridge– Kevin said that there are potholes north of the North National bridge due to the cattle trucks turning in this area. He asked that Jeremy have the City check this out also. Jeremy said that he met with Paul Ballou who showed him some of those holes also. They have been filled with gravel but probably need a more permanent fix.

CooperStreet– He would like to see Earles get to Cooper Street and get started on this project.

Jeremy said thatheismeeting with Evergy tomorrow onthis also.Kevin welcomed Bob Farmerback tothe CityAttorneyposition.

10. Jones – Nothing to report.

City Attorney Report and Comments: Nothing to report.

Adjournment:

10. Allen moved to adjourn the meeting at 8:30 p.m. L. Watts seconded. All voted aye.

ADJOURNED MEETING AT 8:30 P.M.

Respectfullysubmitted,

Diane K.Clay,MMCCity Clerk