The City Commission will meet at 4:00 p.m. on Tuesday, December 7^th, 2021 due to the downtown Christmas parade. The Commission may recess when the parade begins at 6:00 p.m. and then return to the open meeting after the parade depending on the length of the meeting.

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

123 SOUTH MAIN STREET
DECEMBER 7, 2021
4:00 P.M.

Call to Order

1. Roll Call:

K. Allen P. Allen R. Nichols T. Van Hoecke J. Jones

II. Flag Salute:

3. Invocation: Led by: Sergeant Bill Downey, Fort Scott Police Department

3. Approval of Agenda:

3. Proclamations/Recognitions:

3. Consent Agenda:

1. Approval of minutes of the regular meeting of November 16^th, 2021, special meetings of November 16^th, 2021, November 20^th, 2021, November 24^th, 2021, and December 3^rd, 2021.

2. Approval of Appropriation Ordinance 1300-A totaling $425,303.56.

3. Request to Pay – Heckert Construction Co., Inc. – $72,095.94 – South National Avenue Overlay

4. Request to Pay #1 – Rogers & Sons Concrete – Union Lofts Alley Project – $45,666.00.

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. Old Business:

   1. Consideration to repeal Ordinance 2563 – Section 12.12.070 – Pavement – Approval of Ordinance No. 3587

Excavation-Procedure, Section 12-12-080 – Unimproved Street – Procedure Exception – Approval of Ordinance No. 3588

Section 12.12.110 – Replacement of Materials – Exception – Approval of Ordinance No. 3589

3. 1. Consideration of Bids – Demolition of Structures

• 611 S. Ransom – Structure and Accessory Structure

• 323 S Hill – Structure

• 1517 S Main – Structure and Accessory Structure

• 316 S. Main – Structure and Accessory Structure

• 114 S. Barbee – Structure

• 14 S Margrave – Structure

• 510 S Heylman – Structure

3. Appearances: None

3. Public Hearing

Budget Amendment – 5:00 p.m.

Neighborhood Revitalization Public Hearing – 5:00 p.m.

3. New Business:

   1. Change Order #1 – Union Lofts Alley Project – $15,960.00

   2. Skating at Buck Run Discussion

   3. Water Rate Analysis Discussion

   4. Consideration of renewal of A.D.M. Contract

   5. Repeal of Ordinance Section 13.24.120 – Wastewater Surcharge

   6. Approval of repair of Ozone Generator #2

   7. Consideration of Tree Removal Ordinance amendment

   8. Consideration of Old Military Bridge removal

XII. Reports and Comments:

1. Human Resource Director Comments:

2. Commissioners Reports and Comments:

Mayor Jones – Discussion of School Resource Officer agreement with Bourbon County

Discussion of Land Bank

C. City Attorney Reports and Comments:

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

IX. Adjournment:

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of December 3^rd, 2021 Special Meeting #28

A special meeting of the Fort Scott City Commission was held December 3^rd, 2021, at 9:00 a.m. in the City Commission Meeting Room, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners Kevin Allen, Pete Allen, Randy Nichols, and Tim Van Hoecke were present with Mayor Josh Jones presiding.

AUDIENCE IN ATTENDANCE: Rachel Thompson, Brad Matkin, Mathew Wells, Travis Shelton, and Mark McCoy.

CONSIDERATION:

Executive Session:

J. Jones moved that the City Commission recess into Executive Session for the purpose of discussing non-elected personnel in K.S.A. 75-4319(b)(1). The open meeting will resume in the Commission meeting room at City Hall at 9:18 a.m. Tim Van Hoecke seconded. All voted aye. This included the City Commission, Interim City Manager, Human Resource Director, City Attorney, and Matthew Wells.

J. Jones moved that the City Commission come out of Executive Session at 9:18 a.m. T. Van Hoecke seconded. All voted aye.

J. Jones moved to approve to offer a City Manager contract to a City Manager candidate to be approved after he has reviewed it at next Tuesday’s meeting. T. Van Hoecke seconded. All voted aye.

Discussion was also held regarding the payment of the National Avenue project and what amount the Commission would be willing to pay since the project is not complete. They verbally decided on 50% payment.

Discussed changing the time of the December 7^th, 2021 meeting to 4:00 p.m.

Mark McCoy announced that Brad will be in charge while he is out of town next week.

ADJOURNMENT:

K. Allen moved to adjourn the special meeting at 9:25 a.m. R. Nichols seconded. All voted aye.

ADJOURNED MEETING AT 9:25 A.M.

Respectfully submitted,

Diane K. Clay, M.M.C.,

City Clerk

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of November 24^th, 2021 Special Meeting #27

A special meeting of the Fort Scott City Commission was held November 24^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, Pete Allen, Randy Nichols, and Lindsey Watts were present with Mayor Josh Jones presiding.

AUDIENCE IN ATTENDANCE: Tim Van Hoecke, Margie Brown, Rachel Thompson, Brad Matkin, and Mark McCoy. Matthew Wells and the City Manager candidate were connected via conference call.

CONSIDERATION:

1. Accept resignation of City Commissioner – Lindsey Watts read a resignation letter stating that since you have to be live in the City limits to be a City Commissioner, and she has recently moved to the County, she is resigning as a Fort Scott City Commissioner effective November 24^th, 2021. She thanked each and every citizen that voted for her and trusted her to make the right decisions at each meeting. She said that the last two years have been filled with turmoil and challenges, and that we need to make sure and move the City forward together. She stated that she hoped the Commission would take the top vote getter in the latest election and appoint him to take her position effective tonight. She thanked City staff for their work and the Interim City Manager for his efforts in moving the City forward.

The Commissioners all thanked her for her time on the City Commission and all she has contributed.

J. Jones moved to accept the resignation from Lindsey Watts as a City Commissioner effective November 24^th, 2021. K. Allen seconded. All voted aye.

APPROVED TO ACCEPT LINDSEY WATTS’ RESIGNATION AS A CITY COMMISSIONER EFFECTIVE NOVEMBER 24^TH, 2021.

J. Jones moved to appoint Tim Van Hoecke to fill her position as a City Commissioner effective November 24^th, 2021. R. Nichols seconded. All voted aye.

APPROVED TO APPOINT TIM VAN HOECKE AS CITY COMMISSIONER EFFECTIVE NOVEMBER 24^TH, 2021.

City Clerk, Diane Clay, administered the Oath of Office to Mr. Van Hoecke.

Executive Session:

J. Jones moved that the City Commission recess into Executive Session for the purpose of discussing non-elected personnel in K.S.A. 75-4319(b)(1). The open meeting will resume in the Commission meeting room at City Hall at 6:18 p.m. R. Nichols seconded. All voted aye. This included the City Commission, Interim City Manager, Human Resource Director, Lindsey Watts, and Matthew Wells.

J. Jones moved that the City Commission come out of Executive Session at 6:18 p.m. K. Allen seconded. All voted aye.

Executive Session:

J. Jones moved that the City Commission recess into Executive Session for the purpose of discussing non-elected personnel in K.S.A. 75-4319(b)(1). The open meeting will resume in the Commission meeting room at City Hall at 6:33 p.m. K. Allen seconded. All voted aye. This included the City Commission, Interim City Manager, Human Resource Director, and Matthew Wells.

J. Jones moved that the City Commission come out of Executive Session at 6:33 p.m. K. Allen seconded. All voted aye.

Executive Session:

J. Jones moved that the City Commission recess into Executive Session for the purpose of discussing non-elected personnel in K.S.A. 75-4319(b)(1). The open meeting will resume in the Commission meeting room at City Hall at 6:43 p.m. R. Nichols seconded. All voted aye. This included the City Commission, Interim City Manager, Human Resource Director, and Matthew Wells.

J. Jones moved that the City Commission come out of Executive Session at 6:43 p.m. T. Van Hoecke seconded. All voted aye.

ADJOURNMENT:

J. Jones moved to adjourn the special meeting at 6:44 p.m. R. Nichols seconded. All voted aye.

ADJOURNED MEETING AT 6:44 P.M.

Respectfully submitted,

Diane K. Clay, M.M.C.,

City Clerk

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of November 20^th, 2021 Special Meeting #26

A special meeting of the Fort Scott City Commission was held November 20^th, 2021, at 9:00 a.m. in the City Commission Meeting Room, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

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

AUDIENCE IN ATTENDANCE: Tim Van Hoecke, Matthew Wells, Brad Matkin, and Mark McCoy.

Executive Session:

J. Jones moved that the City Commission recess into Executive Session for the purpose of discussing non-elected personnel in K.S.A. 75-4319(b)(1). The open meeting will resume in the Commission meeting room at City Hall at 3:00 p.m. L. Watts seconded. All voted aye. This included the City Commission, Interim City Manager, Human Resource Director, Tim Van Hoecke, and Matthew Wells.

L. Watts moved that the City Commission come out of Executive Session at 3:00 p.m. J. Jones seconded. All voted aye.

Executive Session:

L. Watts moved that the City Commission recess into Executive Session for the purpose of discussing non-elected personnel in K.S.A. 75-4319(b)(1). The open meeting will resume in the Commission meeting room at City Hall at 3:30 p.m. J. Jones seconded. All voted aye. This included the City Commission, Interim City Manager, Human Resource Director, Tim Van Hoecke, and Matthew Wells.

L. Watts moved that the City Commission come out of Executive Session at 3:30 p.m. J. Jones seconded. All voted aye.

ADJOURNMENT:

K. Allen moved to adjourn the special meeting at 3:30 p.m. L. Watts seconded. All voted aye.

ADJOURNED MEETING AT 3:30 P.M.

Respectfully submitted,

Diane K. Clay, M.M.C.,

City Clerk

CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes of November 16, 2021 Regular Meeting #22

The regular meeting of the Fort Scott City Commission was held November 16^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 K. Allen, P. Allen, R. Nichols, and L. Watts were present with Mayor J. Jones presiding.

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

AUDIENCE IN ATTENDANCE: Travis Shelton, Brad Matkin, Rachel Thompson, Jason Dickman, Carey Spoon, Michael Hoyt, Tim Van Hoecke, Janice Allen, Rob Harrington, Susan Bancroft, Doug Guns, Nancy Maze, Brian Rhoades, Deb McCoy, Dave Bruner, Lindsay Madison, Max Fanning, Shane Wood, and Michael Mix.

ADDITIONS TO AGENDA: Mayor Jones asked that Item G be added to the Consent Agenda. This is the Certificate of Appropriateness for signage for the Samurai Hibachi and Sushi Restaurant located at 17 S. Main Street.

PROCLAMATIONS/RECOGNITIONS: None

CONSENT AGENDA:

1. Approval of minutes of the regular meeting of November 2^nd, 2021, and special meeting minutes of November 8^th, 2021.

2. Approval of Appropriation Ordinance 1300-A totaling $351,888.34.

3. Request to Pay – Nuss & Farmer – $1,669.88

4. Request to Pay – HDR Engineering – $5,171.04 – River Intake Project

5. Request to Pay – Heckert Construction Co., Inc. – $72,095.94 – South National Avenue Overlay

6. October Financials

7. Certificate of Appropriateness – Samurai Hibachi and Sushi Restaurant – Signage – 17 S. Main Street

Discussion was held regarding the payment of Item E – Heckert Construction, Inc. for the South National project. Discussion was held regarding the project and if the company will come back and finish the project.

Jason Dickman, Earles Engineering, said that the project is 80% complete. Jason said that there was a mistake on their end in the calculations on the asphalt. He can send these figures to the City Manager.

Discussion was held to table this at this time.

K. Allen moved to approve the Consent Agenda with the removal of Item E and the addition of Item G. J. Jones seconded. All voted aye.

APPROVED CONSENT AGENDA WITH THE REMOVAL OF ITEM E – HECKERT CONSTRUCTION PAYMENT – AND THE ADDITION OF ITEM G – CERTIFICATE OF APPROPRIATENESS – SAMAURAI AND SUSHI RESTAURANT SIGNAGE AT 17 SOUTH MAIN STREET.

Public Comment:

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

Deb McCoy – Deb informed the Commission that after watching the last regular City Commission meeting, she was here to raise questions on the importance of guidelines, policies, and procedures and the need to have a standard in which our City should follow. She said that guidelines provide direction for the appointed and elected officials. The policies are the general principle by which a government is guided in its management of public affairs, or the legislature in its measure. This term applies to a law, ordinance, or rule of law, as directed to the welfare of prosperity of the state or community. The procedures are the mode of proceeding by which a legal right is enforced, as distinguished from the law that defines the legal right. She stated that the City of Fort Scott is a member of the League of Kansas Municipalities which was established in 1910. We pay an annual fee of $3,500. With these dues, we receive several publications. The League also advocates on behalf of cities and offers training and guidance and keeps cities informed of information for best practices in City operations in the City making decisions of the appointed and elected officials. Being a part of the League is a win/win situation for the City. She asked why we paid our previous City Attorney approximately $15,000 to put together a 25-page handout of Code of Ethics/Code of Procedures for the Commission of the City of Fort Scott. This document was passed by Ordinance No. 3563. Why didn’t we utilize the League of Kansas Municipalities for their publications and training? She gave the Commission a listing of all the publications that the League has to offer to Cities at a small cost.

Rob Harrington – Rob stated that it was a great day in Fort Scott today. Noble Health officials wants to reopen the hospital in Fort Scott. There are two more phases that need to happen first. This is exciting for Fort Scott.

Executive Session:

J. Jones moved that the City Commission recess into Executive Session for the purpose of discussing financial affairs or trade secrets of corporations, partnerships, trusts, and individual proprietorships exception in K.S.A. 75-4319(b)(4). The open meeting will resume in the Commission meeting room at City Hall at 6:34 p.m. L. Watts seconded. All voted aye. This included the City Commission, Assistant City Manager, City Attorney, Rob Harrington, and City Manager.

J. Jones moved that the City Commission come out of Executive Session at 6:34 p.m. L. Watts seconded. All voted aye.

Engineering Firm Update: Jason Dickman, Earles Engineering, Inc., had no update at this time.

Old Business:

Kevin Allen left the room at 6:35 p.m.

1. Consideration of Bids – Demolition of Structures

• 611 S. Ransom – Structure and Accessory Structure

• 323 S. Hill – Structure

• 1517 S. Main – Structure and Accessory Structure

• 316 S. Main – Structure and Accessory Structure

• 114 S. Barbee – Structure

• 14 S. Margrave – Structure

• 510 S. Heylman – Structure

J. Jones said that we are waiting to hear from the County about the dump fees. We talked about the dump personnel keeping a running tab and then charging the City until an agreement is in place.

Susan Bancroft said that Bourbon County is looking at the property that the City owns. Eric Bailey is looking at this property and made some calls to see if dumping would be allowed there.

Discussion was held to table this again at this time until the next meeting.

J. Jones moved to table the Demolition bids until the next meeting. R. Nichols seconded. All voted aye.

TABLED THE DEMOLITION BIDS UNTIL THE NEXT MEETING.

Kevin Allen returned to the room at 6:38 p.m.

Public Hearings:

L. Watts moved to open the Public Hearing at 6:49 p.m. J. Jones seconded. All voted aye.

OPENED PUBLIC HEARING AT 6:49 P.M.

6:00 p.m. Performance Public Hearing (Fire Truck)

Approval of Grant Close-Out Forms

Approval of Invoice to S.E.K.R.P.C. – $2,000.00

Carey Spoon, Planning & Development Consultant, Southeast Kansas Regional Planning Commission, informed the Commission that a public hearing is being held for the purpose of evaluating the performance of Grant No. 20-PF-005, which was for the acquisition of a new, fully equipped, NFPA compliant, 100’ platform Ladder Fire Truck. The truck will be housed at the main fire station located at 1604 S. National and will service the entire City of Fort Scott and the beneficiaries will be those households located within the City limits. The specifications include: 100’ aerial tower, aluminum body, 300-gallon polypropylene water tank, minimum of 800’ of 5” large diameter hose, wheelbase no greater than 265,000, minimum 76,000 gross vehicle weight, tilt type custom chassis, and a maximum height of 10’8. The completed project accomplished the same. This grant was funded, all or in part, by the Kansas Department of Commerce, Small Cities Community Development Block Grant (CDBG) funds. She asked for approval for the Mayor to sign all pertinent documents for the closeout of this grant.

There were no comments from the audience.

L. Watts moved to close the Public Hearing at 6:51 p.m. J. Jones seconded. All voted aye.

CLOSED PUBLIC HEARING AT 6:51 P.M.

R. Nichols moved to authorize the Mayor to sign all pertinent documents in reference to the Grant Close-out of Grant No. 20-PF-005. L. Watts seconded. All voted aye.

APPROVED TO AUTHORIZE THE MAYOR TO SIGN ALL PERTINENT DOCUMENTS IN REFERENCE TO THE GRANT CLOSE-OUT OF GRANT NO. 20-PF-005 – LADDER TRUCK CDBG GRANT.

L. Watts moved to approve the invoice to Southeast Kansas Regional Planning Commission in the amount of $2,000.00 for administrative grant fees. J. Jones seconded. All voted aye.

APPROVED THE INVOICE TO SOUTHEAST KANSAS REGIONAL PLANNING COMMISSION IN THE AMOUNT OF $2,000.00 FOR ADMINISTRATIVE GRANT FEES.

APPEARANCES: Shane Wood – Smart Growth at Lake Fort Scott – Shane said that he is part of the Lake Advisory Board and heads up the sub-committee for Smart Growth at Lake Fort Scott. He was asked to address the Commission tonight with their ideas for improvements. He shared a map on the wall and pointed out the improvements.

Phase I Improvements (West Public Area)

Renovate existing shelter house

Grade area to improve run off

New roof

Paint exterior and interior

Get bathrooms working

Add lighting

Add security cameras

Treat concrete slab (epoxy paint, seal, etc.)

Level area for tent camping. This would be on the north side of the campground.

Build RV/camper hookups (pad, power, water). Start small with five sites which would be located on the south side of the campground.

Sewage dump area for campers and RV’s.

Ideas for future phases (West Public Area)

Playground

Fire pit

Shower house

Parking area for boat trailers (after they have put their boats in the water), versus parking in the overflow area.

Marina that has boat slips for public boats, and able to buy convenience store goods, food, etc.

K. Allen asked Doug Guns if he had gotten any estimated costs for Phase I improvements. Doug said he has not.

K. Allen asked that this be placed on the next agenda.

New Business:

1. Consideration of Resolution No. 40-2021 establishing a date for a public hearing concerning the adoption of a plan pursuant to the Neighborhood Revitalization Act., K.S.A. 12-17, 144 et.seq. – Mark McCoy, Interim City Manager, informed the Commission that this Resolution needs to be passed in order to hold a public hearing on Tuesday, December 7^th, 2021, at 6:00 p.m. to review the Neighborhood Revitalization Program which has expired.

L. Watts moved to approve Resolution No. 40-2021 setting a public hearing for Tuesday, December 7^th, 2021, at 6:00 p.m. for the Neighborhood Revitalization Program. R. Nichols seconded. All voted aye.

APPROVED RESOLUTION NO. 40-2021 ESTABLISHING A DATE FOR A PUBLIC HEARING CONCERNING THE ADOPTION OF A PLAN PURSUANT TO THE NEIGHBORHOOD REVITALIZATION ACT, K.S.A. 12-17, 144 ET SEQ – PUBLIC HEARING DATE – 12/7/2021 – 6:00 P.M.

2. Land Bank discussion – Mark McCoy, Interim City Manager, informed the Commission that the tax sale at the Bourbon County Courthouse is coming up soon. He asked the Commission if they wanted to waive all the special assessments on the tax sale properties that would sell.

City Attorney said that it was legal to waive the special assessments if they desire to do so.

Discussion was also held at the previous Land Bank meeting about the formation of the board. Instead of the five (5) City Commissioners, the board would consist of one City Commissioner, one County Commissioner, one developer/contractor, one real estate agent, one attorney, and one member at large. Letters of interest would be taken for these positions.

It was also discussed to put a minimum of $25,000 from the sale of the First Source building up to a maximum of $50,000 into the Land Bank fund to assist with purchasing properties.

L. Watts moved to approve to waive the special assessments for the properties on the tax sale. R. Nichols seconded. P. Allen, R. Nichols, L. Watts, and J. Jones voted aye. K. Allen abstained. Motion carried 4-1.

approve the waive the special assessments for the properties on the tax sale.

3. Consideration of Change Order #1 – Increase of $1,850.00 – WTP Clarifier No. 1 Painting – Michael Mix, Public Utilities Director, informed the Commission that he has two change orders for approval for the Water Clarifier painting project. Change Order #1 was needed due to the condition of the pipes. It could not be sandblasted or painted. The amount of the change order is $1,850.00.

K. Allen moved to approve Change Order #1 in the increased amount of $1,850.00. R. Nichols seconded. All voted aye.

APPROVED CHANGE ORDER #1 IN THE INCREASED AMOUNT OF $1,850.00 FOR THE WATER CLARIFIER NO. 1 PAINTING PROJECT.

4. Consideration of Change Order #2 – Increase of $2,175.00 – WTP Clarifier No. 1 Painting – Michael Mix, Public Utilities Director, informed the Commission that Change Order #2 is needed due to the supply chain demand of the paint needed. They found some superior quality paint, but it does cost more. In order to keep the job going, his recommendation is to approve Change Order #2 in the amount of $2,175.00.

K. Allen moved to approve Change Order #2 in the increased amount of $2,175.00. R. Nichols seconded. All voted aye.

APPROVED CHANGE ORDER #2 IN THE INCREASED AMOUNT OF $2,175.00 FOR THE WATER CLARIFIER NO. 1 PAINTING PROJECT.

5. Consideration of Sewer Service Agreement – Susan Bancroft, Assistant City Manager/Finance Director, informed the Commission that the Bourbon County Commission approved this agreement this morning. There are two major changes to this agreement with the first change on page 2 regarding billing at Lake Fort Scott. The billing date was the 15^th of each month and will change to the 22^nd of each month in accordance with the billing cycle for the City residents. The second change is on page 4 and involves non-residential users. Anyone adding sewer service in the district, with the proper approval, will be required to pay a connection fee of $2,000. In the past, this fee was $6,000. The $2,000 is broken out as follows: $850.00 hook-up fee, $1,000 lot buy-in, and $150.00 deposit fee. She said that the district can be expanded. She stated that there two individuals that have been waiting on this agreement and she feels that there should not be a hook-up fee assessed and they should be grandfathered in.

R. Nichols moved to approve the Sewer Service Agreement. J. Jones seconded. All voted aye.

APPROVED SEWER SERVICE AGREEMENT.

6. Consideration of Water Rate Increase Ordinance No. 3595 – Susan Bancroft, Assistant City Manager/Finance Director, informed the Commission that during the budget session, the water rate increase was discussed. It was recommended that a 5% increase be approved for 2022, and a 3% increase every year after that. This will help fund the River Intake project at the Water Plant that is currently ongoing. This will take effect with the January 2022 billing.

J. Jones recommended that the amount on minimum water use for each 750 gallons thereafter, the charge be $4.47 in lieu of $4.27.

J. Jones moved to approve the Water Rate Increase Ordinance No. 3595 with the increase on the minimum charge per month for each 750 gallons be raised from $4.27 to $4.47. L. Watts seconded. All voted aye.

APPROVED ORDINANCE NO. 3595 SETTING NEW WATER RATES AND REPEALING ORDINANCE NO. 3570 FOR THE CITY OF FORT SCOTT, BOURBON COUNTY, KANSAS, PURSUANT TO THE FORT SCOTT MUNICIPAL CODE, CHAPTER 13.04.030, AND CHANGING THE MINIMUM CHARGE PER MONTH FOR EACH 750 GALLONS BE RAISED FROM $4.27 TO $4.47.

7. Consideration of Sewer Rate Increase Ordinance No. 3596 – Susan Bancroft, Assistant City Manager/Finance Director, informed the Commission that during the budget session, the sewer rate ordinance was discussed. Before them is a 3% increase which will automatically increase 3% every year thereafter. There is also an infrastructure reconstruction fee of $10.00 that will be assessed each month on each bill. This will take effect with the January 2022 billing.

Discussion was held if the Lake residents should be assessed the $10.00 infrastructure fee and it was determined that they should.

L. Watts moved to approve Ordinance No. 3596 increasing the Sewer Rate as well as the $10.00 infrastructure reconstruction fee and including Lake Fort Scott residents be assessed this amount as well. R. Nichols seconded. P. Allen, R. Nichols, L. Watts, and J. Jones voted aye. K. Allen voted no. Motion carried 4-1.

approved Ordinance No. 3596 increasing the Sewer Rate as well as the $10.00 infrastructure reconstruction fee and including Lake Fort Scott residents be assessed this amount as well.

8. Consideration of Stormwater User Charge Increase Ordinance No. 3597 – Susan Bancroft, Assistant City Manager/Finance Director, informed the Commission that this was also discussed during budget sessions. This is a 3% increase which will automatically increase 3% every year thereafter.

P. Allen said that he didn’t think this amount was enough.

Susan said it brings in about $220,000 a year.

Discussion was held regarding the Water Rate Analysis study they recently had done. There is dissatisfaction with this study and more information is needed.

Susan said that we can revisit this after the first of the year. The City is looking at another water rate analysis.

L. Watts moved to approve Ordinance No. 3597 increasing the Fort Scott Stormwater User Charge by 3% and then each year thereafter, and to look at a new water rate analysis study after the first of the year. J. Jones seconded. All voted aye.

APPPROVED ORDINANCE NO. 3597 AMENDING THE FORT SCOTT STORMWATER USER CHARGE AND REPEALING ORDINANCE NO. 3553 FOR THE CITY OF FORT SCOTT, BOURBON COUNTY, KANSAS, PURSUANT TO THE FORT SCOTT MUNICIPAL CODE, CHAPTER 13.24.121 AND TO LOOK AT A NEW WATER RATE ANALYSIS STUDY AFTER THE FIRST OF THE YEAR.

Kevin Allen left the room at 7:36 p.m.

9. Consideration to pay – Skitch’s Hauling & Excavation, Inc – $2,970.00 – October – J. Jones said that before them is the invoice for port-a-potty services for October.

Susan stated that it was an oversight on her part, but she had not billed Skitch’s Inc. for dumping fees. She will be billing him, and he will be reimbursing the City about $1,000.00.

R. Nichols mentioned that we are spending about $35,000 a year on port-a-potty services and if we should look at building toilets.

J. Jones moved to approve the invoice of $2,970.00 for Skitch’s Hauling & Excavation, Inc. for port-a-potty services for October. R. Nichols seconded. All voted aye. Motion carried.

APPROVED INVOICE OF $2,970 FOR SKITCH’S HAULING & EXCAVATION, INC. FOR PORT-A-POTTY SERVICES FOR OCTOBER.

Kevin Allen returned to the room at 7:38 p.m.

10. Request to Pay – American Wrecking Services, LLC – $37,125.00 – and approval of Certificate of Substantial Completion – Jason Dickman, Earles Engineering, Inc., informed the Commission that this is the final billing for American Wrecking Services, LLC in the amount of $37,125.00.

Discussion was held regarding compaction of the fill product and if there was water added.

Jason said that it was done according to specifications, and he feels they did a good job.

J. Jones moved to approve the payment to American Wrecking Services, LLC in the amount of $37,125.00 and to sign the Certificate of Substantial Completion on the North National (Eagle Block) project. R. Nichols seconded. P. Allen, R. Nichols, L. Watts, and J. Jones voted aye. K. Allen abstained. Motion carried 4-1.

approved the payment to American Wrecking Services, LLC in the amount of $37,125.00 and to sign the Certificate of Substantial Completion on the North National (Eagle Block) project.

11. Publication of Budget Amendment – 12/7/2021 – 6:00 p.m. Susan Bancroft, Assistant City Manager/Finance Director, informed the Commission that at the end of each year she looks over the budget closely since it was adopted in July. She has five (5) funds that need amended. They are as follows:

Proposed Amended

Fund Expenditures Expenditures

Special Streets and Highways $717,850 $1,357,991

Special Parks & Recreation $ 18,362 $ 57,796

CVB $ 65,157 $ 120,000

Water Utility $3,025,104 $3,346,480

Wastewater Utility $1,828,481 $1,950,000

Susan stated that the public hearing is scheduled for December 7^th, 2021, at 6:00 p.m. She needs approval to publish the budget amendment.

R. Nichols moved to approve the budget amendment and to hold a public hearing on December 7^th, 2021, at 6:00 p.m. J. Jones seconded. All voted aye.

approved the budget amendment and to hold a public hearing on December 7^th, 2021 at 6:00 p.m.

Reports and Comments:

Interim City Manager Report and Comments:

Christmas Dinner – Mark informed the Commission that the annual Christmas dinner will be held on Monday, December 6^th, 2021, at 6:00 p.m. Please notify Diane or Brad if you will be attending.

Turkeys – Mark informed the Commission that the City has purchased turkeys for all full-time employees. They will be picked up on Thursday from 3:30 p.m. until 5:30 p.m. at the Fire Department.

Christmas Bonus Grossed Up – Mark asked the Commission for approval for the Christmas bonuses for full time and part time employees. The amount paid for full time employees is $100.00 and the amount paid for part-time is $25.00 and this amount would be grossed up, so they receive the full amount. He said that there are approximately 114 employees.

R. Nichols moved to approve the Christmas bonus for full and part time employees. J. Jones seconded. All voted aye.

APPROVED THE CHRISTMAS BONUS FOR FULL TIME AND PART TIME EMPLOYEES. FULL TIME EMPLOYEES WILL RECEIVE $100.00 AND PART TIME EMPLOYEES WILL RECEIVE $25.00.

Discussion of Removal of Bridge – Mark informed the Commission that they have four (4) photos in front of them of the bridge that needs removed. He said that the City needs guidance on how to remove this bridge. There are several options to look at.

Discussion was held on whether the City crews could remove it, taking requests for proposals to have the bridge removed and that contractor either selling the metal, or the City keeping it and selling the metal. Earles Engineering could assist with the RFP.

L. Watts made a motion to go out for RFP’s. R. Nichols seconded. P. Allen, K. Allen, L. Watts, and J. Jones voted aye. K. Allen abstained. Motion carried 4-1.

APPROVED TO GO OUT FOR REQUEST FOR PROPOSALS FOR THE REMOVAL OF THE BRIDGE.

Municipal Court Expansion – Mark informed the Commission that this is expected to begin the second Thursday in January of 2022. There are still a few issues to work out between the software companies.

Work Session – Infrastructure Work Session – Mark informed the Commission that a work session needs to be held on infrastructure. He will determine a date and get it sent out to them.

Change of Meeting Time – City Clerk informed the Commission that Lindsay Madison with the Chamber has asked that the next City Commission meeting time be moved due to the Christmas parade since it is held that same night.

Susan stated that there are already two public hearings scheduled for 6:00 p.m. that night that will need to be moved to 5:00 p.m.

Lindsey Madison informed the Commission that she failed to get the parade permit form into the City. She has talked to Chief Shelton and their parade is going to start in front of the Radio Station at Wall and National and proceed south to Memorial Hall and then turn east to Main Street and go back north to Skubitz Plaza. She asked if they would approve the parade permit and the change of their meeting time to allow the Mayor to be able to light the Christmas tree.

L. Watts moved to change the time of the December 7^th, 2021, meeting from 6:00 p.m. to 5:00 p.m. due to the Christmas parade. J. Jones seconded. All voted aye.

APPROVED TO CHANGE THE TIME OF THE DECEMBER 7^TH, 2021 MEETING FROM 6:00 P.M. TO 5:00 P.M. DUE TO THE CHRISTMAS PARADE.

L. Watts moved to change the time of the Public Hearings previously approved to 5:00 p.m. in lieu of 6:00 p.m. R. Nichols seconded. All voted aye.

APPROVED TO CHANGE THE TIME OF THE PUBLIC HEARINGS PREVIOUSLY APPROVED TO 5:00 P.M. IN LIEU OF 6:00 P.M.

L. Watts moved to approve the Christmas Parade permit for December 7^th, 2021, and the proposed route. J. Jones seconded. All voted aye.

APPROVED THE CHRISTMAS PARADE PERMIT FOR DECEMBER 7^TH, 2021.

Drug Dog – Mark asked Chief Shelton to address the Commission.

Travis Shelton, Chief of Police, informed the Commission that the drug dog that was given to us is not working out. He has now bit the handling officer twice. It was bad enough that he had to seek medical treatment both times. He contacted the vendor where the dog came from in Indiana, and they do not want the dog back. He had someone contact us and said that there is someone in the Virgin Islands who wants the dog. They would take the dog for $2,000. He said that he wanted to replace the dog and knows there is funds in the drug seizure fund for this. It could cost approximately $11,000. He needs permission to sell the dog and pursue to look for another dog. The department needs a more sociable animal.

Discussion was held how many dogs the Sheriff’s Department has.

K. Allen asked if we should look into partnering with the County on this.

Chief Shelton said that we work together with them.

L. Watts moved to approved to move forward to sell the current drug dog. R. Nichols seconded. All voted aye.

APPROVED TO MOVE FORWARD TO SELL THE CURRENT DRUG DOG.

L. Watts moved to approve to purchase another drug dog. J. Jones seconded. All voted aye.

APPROVED TO PURCHASE ANOTHER DRUG DOG.

Ethics and Civility Training – Mark informed the Commission that training by the League of Kansas Municipalities will be held on December 8^th, 2021, from 6:00 p.m. to 9:00 p.m. The City will pay for you to participate in this. He is also inviting the two incoming City Commissioners to this. He encouraged them to attend and to notify him so we can register them. The deadline to register is December 3^rd, 2021. This will be conducted by Zoom.

Executive Session (Non-Elected Personnel) – Mark asked that an Executive Session be held to discuss non-elected personnel.

L. Watts moved that the City Commission recess into Executive Session for the purpose of discussing non-elected personnel in K.S.A. 75-4319(b)(1). The open meeting will resume in the Commission meeting room at City Hall at 8:42 p.m. K. Allen seconded. All voted aye. This included the City Commission, Assistant City Manager, City Attorney, Interim City Manager, and Human Resource Director.

J. Jones moved that the City Commission come out of Executive Session at 8:42 p.m. L. Watts seconded. All voted aye.

Executive Session:

J. Jones moved that the City Commission recess into Executive Session for the purpose of discussing non-elected personnel in K.S.A. 75-4319(b)(1). The open meeting will resume in the Commission meeting room at City Hall at 8:58 p.m. L. Watts seconded. All voted aye. This included the City Commission, Assistant City Manager, City Attorney, Interim City Manager, and Human Resource Director

J. Jones moved that the City Commission come out of Executive Session at 8:58 p.m. R. Nichols seconded. All voted aye.

Executive Session:

J. Jones moved that the City Commission recess into Executive Session for the purpose of discussing non-elected personnel in K.S.A. 75-4319(b)(1). The open meeting will resume in the Commission meeting room at City Hall at 9:08 p.m. L. Watts seconded. All voted aye. This included the City Commission, City Attorney, and Interim City Manager.

J. Jones moved that the City Commission come out of Executive Session at 8:58 p.m. L. Watts seconded. All voted aye.

Executive Session:

J. Jones moved that the City Commission recess into Executive Session for the purpose of discussing non-elected personnel in K.S.A. 75-4319(b)(1). The open meeting will resume in the Commission meeting room at City Hall at 9:25 p.m. L. Watts seconded. All voted aye. This included the City Commission, City Attorney, and Interim City Manager.

J. Jones moved that the City Commission come out of Executive Session at 9:25 p.m. L. Watts seconded. All voted aye.

Finance Director/Assistant City Manager Report and Comments: Nothing to report.

Commissioner Reports and Comments:

L. Watts – Nothing to report.

K. Allen – Kevin said that he spoke to Mark McCoy about an issue and asked Mark if he had spoken to the City Attorney about the censure that was placed on him and getting it removed.

Mark said he had not spoken to the City Attorney yet.

City Attorney said that he would review it and get back with him at the next meeting.

P. Allen – Pete remarked that he felt that we accomplished a lot at the meeting tonight. He thanked Kevin for his vision at Lake Fort Scott and how it is getting accomplished and funded.

R. Nichols – Nothing to report.

J. Jones – Josh asked that we look at the Public Works agreement with Earles Engineering at the next meeting.

City Attorney Report and Comments: Nothing to report.

Adjournment:

J. Jones moved to adjourn the meeting at 9:31 p.m. K. Allen seconded. All voted aye.

ADJOURNED MEETING AT 9:31 P.M.

Respectfully submitted,

Diane K. Clay, M.M.C.

City Clerk