CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of November 20, 2020 Special Meeting #16

A special meeting of the Fort Scott City Commission was held November 20^th, 2020 at 4:00 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 President of the Commission Randy Nichols presiding. Lindsey Watts was absent.

AUDIENCE IN ATTENDANCE: Travis Shelton, Russell Lingerfelt, Dave Bruner, Nate Stansberry, Frank Halsey, Rachel Pruitt, and Susan Bancroft. Jeff Deane, City Attorney, and Jeff Hancock, Interim City Manager, appeared via Zoom.

CONSIDERATION:

1. Discussion on 10 N. National building and how to proceed

President of the Commission Nichols informed the Commission and audience that the purpose of the meeting is to discuss the deteriorating condition of the 10 N. National building and how to proceed. City Staff is here to report on the state of the building, finances, economic development interest in the building, and the process and procedure to go through to legally demolish the building.

Dave Bruner, Fire Chief, shared an engineering report from August 2019. This 2019 report states that the exterior of the building appears to be in sound structural condition with no noticeable settlement or cracking or deficiencies. All walls appear to be true and plumb. There are some minor locations where some tuckpointing would be necessary. Damage to the roof itself is very extensive and non-repairable. The first, second, and third floors have deteriorated to a point where they should be considered unsafe. They met this afternoon with John George. He shared photos of the building and roof today versus pictures from August 2019. The roof is in extremely bad shape compared to August 2019 and has collapsed now. Per John George, he still consideres the exterior of the building sound. There is collapse inside so in order to get a true determination of the inside, some demo proceedings would need to be started to look inside. They asked about the floor joints connected to the common walls. Apparently, there was a void space that was built between those in 1888 and those joists are set so if it would collapse, that was the way it was designed. There are little pockets in there. It is not secured to the common wall. Dave said that he went up in the ladder truck and removed some of the roofing material at the top.

Kevin said he received a call from Tina Lipe and she was concerned with the material being blown into the street.

Nate Stansberry, City Engineer, said that this building has been an ongoing saga. There were letters sent to the property owner back in 2016 to make repairs. He shared copies of the City ordinance regarding unsafe and dangerous structures. There is a 10 day period from the day the letter is received for the property owner to respond. There have been multiple letters sent hoping the owner would comply. The latest letter sent was in March of 2020 and they were told his resources were limited and he wanted to transfer ownership of the building to someone else. Another letter went out today giving the owner 10 days to respond. This will be on the December 1^st, 2020 agenda to discuss this structure.

Kevin said that he talked to the owner today and he is willing to sign the building over.

Frank Halsey said that he was an interested party. Scott Johnson came to see him the other day but he was busy and couldn’t meet with him at that time. He looked at this building several years ago and looked to purchase it as a training center for Mid Continental. The roof had not collapsed yet, but they chose not to go that route. This summer the building was offered to him again, but he said no thanks. His fear is that it will be torn down and he doesn’t want to see that happen. He has spoke some to investors and at least three people are willing to invest with him. He does not want to own the building. Those that have invested an interest would be reimbursed eventually by a future owner. He doesn’t know if the City would want to put it in the LandBank or how that would proceed. He would like to take the structure down to a shell, and would like to see it actually collapse further.

Kevin asked Frank if he was still interested in the building.

Frank said yes. He still thinks they could get their money back.

Rachel Pruitt, Economic Development Director, said that this building has been on their radar for quite some time. The City would like to not have this building demolished. Frank talked about stabilizing it but not having long term ownership. The conditions of the building are preventing that currently. She did speak to some prospective owners this afternoon about the building and they did not say no. She said she would like the building to be put into the LandBank and she will continue to work with prospective owners to purchase this building.

Pete said that we have been four years talking about this building and it has just gotten worse.

Susan Bancroft said that if it was deeded over to the LandBank, there are some clear advantages. You get a clear title, versus a quick claim deed. The City would take over the building while it was being stabilized and take on that liability. If he did find some investors, that money could be ran through the LandBank and help stabilize that building. We do want to make sure we have an investor that is ready to go and that the City not sit on this property for years.

Kevin asked if the barricades were put back in front of the building.

Nate said that the barricades are back up.

Frank said that he will reach out to his investors.

President of the Commission, Randy Nichols, said that he felt this has been a positive meeting and we are now aware of the condition of the building, and the process to move forward.

ADJOURNMENT:

K. Allen moved to adjourn the meeting at 4:32 p.m. P. Allen seconded. All voted aye.

ADJOURNED MEETING AT 4:32 P.M.

Respectfully submitted,

Diane K. Clay, M.M.C.

City Clerk

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of November 19, 2020 Special Meeting #15

A special meeting of the Fort Scott City Commission was held November 19^th, 2020 at 10:00 a.m. in the City Commission Meeting Room, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners Kevin Allen, Pete Allen, and Lindsey Watts were present with President of the Commission, Randy Nichols, presiding.

AUDIENCE IN ATTENDANCE: Travis Shelton, Ally Turvey, Janice Allen, Jason Pickert, Russell Lingerfelt, Rachel Pruitt, and Anne Rawlins. Jeff Deane, City Attorney, appeared via Zoom.

CONSIDERATION:

1. Accept resignation of JoLynne Mitchell

President of the Commission, Nichols, said that on behalf of the community, he wished to thank her for her dedication and service to this community. We should be grateful for her service to the City.

K. Allen moved to accept the resignation of JoLynne Mitchell. L. Watts seconded. All voted aye.

APPROVED TO ACCEPT THE RESIGNATION OF JOLYNNE MITCHELL.

K. Allen also said that he wished to thank JoLynne for her dedication and service to this community.

2. Discussion on process to fill the open position

R. Nichols said that our current ordinance gives us 10 days to act on the replacement on this position or at the next regularly scheduled City Commission meeting after the occurrence of the vacancy. In the past, it appeared either a nomination was readily available or letters of interest were taken for this open position.

Jeff Hancock, Interim City Manager, said that the Commission needs to decide to advertise and accept letters of interest and vote at the next meeting. If they decide to do this, you may need to consider moving your next meeting up to 2:00 p.m. or 3:00 p.m.

P. Allen said that the next regularly scheduled meeting is outside of the 10 days.

Jeff Deane said that the ordinance does state 10 days. You can decide on a different amount of time. This ordinance was passed in 2005.

K. Allen said that when he was City Commissioner years ago, Bill Brittain was elected to the County Commission. He ended up resigning as City Commissioner to take that position. Kevin invited Barbara Wood to take his position. She decided to and fulfilled his position. That is why he proposed the Charter Ordinance to offer the position to the next person who was in line from the election results.

L. Watts said that Charter Ordinance was not passed by the Commission.

K. Allen said that he felt it was the right thing to do. He said that the next person in line from the last election was Deb McCoy.

R. Nichols said that he felt opposite of his opinion. This is not the proper way to fill this position. She was not elected by the people and this is not the will of the people.

L. Watts said that she also disagreed with this. By taking letters of interest, it gives the opportunity to anyone in the City limits to apply for this position. This does not take away anyone’s opportunity to apply.

K. Allen made a motion to ask Deb McCoy to fill this open position.  P. Allen seconded.  K. Allen and P. Allen voted aye.  L. Watts and R. Nichols voted no. No further votes were called or cast, and the motion failed 2-2.

K. Allen asked what to do in a tie situation.

Jeff Deane said that the City Attorney is the deciding factor. He said that he will encourage the Commission to force someone who is acceptable to at least three of them. He hopes that at least three if not four, will find someone acceptable for this position. He does not want his hand forced to have to break a tie.

P. Allen said that is what he expected – a 2-2 vote. He would like the City Commission to take Jeff Deane’s advice and work together to find a person that three out of four of them can live with. All of them have different opinions. The Commission has to select a person that at least three of them can agree on. He recommended changing the date to December 1^st. Leaving their decision to a 2-2 vote is not fair to the Commission, the City Attorney, or to the citizens. Pete said that each of them can even list names of people they want to recommend for this position.

L. Watts said that each of them should reach out to individuals as well as accepting letters of interest. She also stated that she does not think that by voting no, that Deb McCoy should not submit a letter of interest and she should if this is something that she wants.

Discussion was held on dates that a meeting could be held to review letters of interest and submitted names, as well as select a person and instantly expect them to attend a meeting that same evening.

L. Watts moved to approve to accept letters of interest to be received by 12:00 p.m. on November 30^th, 2020. Also, submitted names by the City Commissioners for the open position that they recommend will be reviewed. It was also moved to meet on Monday, November 30^th, 2020 at 6:15 p.m. to go over the submitted names. P. Allen seconded. P. Allen, L. Watts, and R. Nichols voted aye. K. Allen voted no. Motion carried 3-1.

approved to accept letters of interest to be received by 12:00 p.m. on November 30^th, 2020. Also, submitted names by the City Commissioners for the open position that they recommend will be reviewed. It was also moved to meet on Monday, November 30^th, 2020, at 6:15 p.m. to go over the submitted names.

ADJOURNMENT:

L. Watts moved to adjourn the meeting at 10:40 a.m. P. Allen seconded. All voted aye.

ADJOURNED MEETING AT 10:40 A.M.

Respectfully submitted,

Diane K. Clay, M.M.C.

City Clerk

NOTICE OF AND AGENDA FOR
MEETING OF FORT SCOTT CITY COMMISSION
BUCK RUN COMMUNITY CENTER
COREY LARSON GYMNASIUM
735 SCOTT AVENUE
DECEMBER 1, 2020
3:00 P.M.

Call to Order
I. Roll Call:
K. Allen P. Allen L. Watts R. Nichols
II. Flag Salute:
III. Invocation: Led by: (To be Announced)
IV. Swearing in of New City Commissioner:
V. Approval of Agenda:
VI. Proclamations/Recognitions:
VII. Consent Agenda:
A. Approval of minutes of the regular meeting of November 17th, 2020, special meeting minutes of November 19th, 2020 and November 20th, 2020.

B. Approval of Appropriation Ordinance 1276-A totaling $333,877.13.

C. Request to Pay – Olsson Associates – $2,255.00 – Airport Expansion Engineering

D. Request to Pay #14 – Crossland Construction – $47,954.38 – River Intake Structure (final payment)

E. Request to Pay – #9 – Rory Chaplin – $1,043.38 – MIH Housing Grant

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

IX. Old Business:

1. Unsung Heroes Park Deed from the City to Lowell Milken Center

X. Appearances:

Josh Regan – Gunn Park Closure
Carey Spoon – S.E.K.R.P.C. – Mayco Ace Grant

XI. New Business:

1. Election of City Commission President
2. Resolution 19-2020 of the Governing Body to annex property owned by Peerless Products, Inc. into the City limits
3. Fire Truck Financing Lease Bids
4. Consideration of Golf Cart Lease Bids
5. Consideration of Library Board Member – 1 member
6. Consideration of Lake Advisory Board Member – 1 member
7. Lake Fort Scott Discussion:
-Changing Ordinance 12.28.220 to remove the holding tank section of the ordinance as all residences are required to hook up to the Lake Sewer District #1 (Approval of Ordinance No. 3569)
-Discussion of buoys at Lake Fort Scott

XI. Reports and Comments:
A. Director Reports: Susan Bancroft – Update on St. Martin’s Academy
Water Rates
Charter Ordinance No. 31
Sales Tax
Assessment Abatement
County Tax Sale

Nate Stansberry

B. Commissioners Reports and Comments:
C. City Attorney Reports and Comments:
D. Interim City Manager Reports and Comments:
XII. Executive Session – If requested, (please follow script in all motions for Executive Sessions)
XIII. Adjournment:

                                                                                                                                                                 Fort Scott Commission Special Meeting Agenda, Nov. 30 at city hall, 123 S. Main,  at  6:15 p.m.

1.   ROLL CALL:

 

1. ALLEN             P. ALLEN                    WATTS                    NICHOLS

 

1.   CONSIDERATION:

 

1. Review submitted letters of interest and submitted names by City Commissioners for the open City Commission position

 

MOTION FOR ADJOURNMENT: ROLL CALL

 

The City Commission will meet for a special meeting at 6:15 p.m. on Monday, November 30^th, 2020 at City Hall in the City Commission meeting room at 123 South Main Street, Fort Scott, Kansas. The City Commission will meet to review the submitted letters of interest as well as the City Commissioner’s submitted names to fill the open City Commission position.

This meeting will be broadcast on the City’s You tube channel. This meeting is open to the public.

The City Commission will meet at 3:00 p.m. on Tuesday, December 1^st, 2020 at Buck Run Community Center, 735 Scott Avenue, Fort Scott, Kansas. The meeting is being moved up due to the Christmas parade which begins at 6:00 p.m. that evening.

This meeting will be broadcast on the City’s You tube channel. This meeting is open to the public.

If you have any questions, please let me know.