NOTICE OF AND AGENDA FOR REGULAR

MEETING OF FORT SCOTT CITY COMMISSION

City Hall Commission Room – 123 S. Main Street, Fort Scott, KS 66701

July 2, 2024 – 6:00 P.M.

1.     Call to Order
2.     Roll Call

Tim VanHoecke,  Matthew Wells,   Dyllon Olson,   Kathryn Salsbury,  Tracy Dancer

III.       Pledge of Allegiance

1. Invocation
2. Approval of Agenda
3. Consent Agenda
4. Approval of Appropriation Ordinance 1363-A – Expense Approval Report – Payment Dates June 12, 2024 – June 25, 2024 – $1,907,395.59
5. Approval of Minutes for June 18, 2024
6. Request to Pay – Hofer, Hofer & Associates, Inc. – Application No. 4 – Gunn Park Restroom & Shower House – $2,250.00
7. Request to Pay – Earles Engineering & Inspection, Inc. – Invoice #17366 – Project No. 22-656 PS – (6) Additional Lake Lots – Lake Fort Scott Boundary Survey – $5,760.00

VII.    Public Comment – Sign up required before the beginning of the meeting on register at the entrance of the Commission Room. Public Comments are for any topic not on the agenda and limited to five (5) minutes per person, at the Commission’s discretion.

VIII.     Appearances – Must be scheduled with the City Clerk at least (1) week prior to the meeting             

              you wish to address the Commission. You will be scheduled on the agenda to speak on your topic.

1. Travis Sawyer – Temporary Street Closure – Heylman between 6^th and 7^th – July 4, 2024 – 3:30PM – 11:00PM
2. Jason Marbury – RHID

1. Old Business
2. Consideration of Resolution No. 12-2024 –RESOLUTION DIRECTING THE REPAIR OR REMOVAL OF AN ALLEGED UNSAFE AND DANGEROUS STRUCTURE AND ACCESSORY STRUCTURE – KNOWN AS [110 W. OAK], FORT SCOTT, KS 66701 – Tabled from April 2, 2024 – Owner to return with requested information for the Commission – Removed from April 16, 2024, Agenda – May 7, 2024 – Owner appeared and motion approved to extend time to July 2, 2024, with conditions. – L. Kruger

1. New Business

            Action Items:

681. Consideration of Change Order Request for Electrical Requirements – Grit Removal System at WWTP – Estimate #1019 by KTK Electric LLC – $17,681.30 – S. Flater
682. Lake Lot Discussion Continued – Requested by D. Olson
683. Dispatch Discussion – B. Matkin
684. Consideration of Approval of License to Sell Retail Cereal Malt Beverages For Consumption on the Premises (New License) – OUTPOST 13 WEST – 13 W. Oak, Fort Scott, Bourbon County, KS 66701.
685. Revenue Neutral Worksheet – Oliphant

1. Reports and Comments
2. City Manager Comments
3.  Engineering Comments
4.   Commissioners Comments
5. City Attorney Comments

XII.      Executive Session

XIII.     Adjourn

CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes of June 18, 2024                                                                      Regular Meeting

The regular meeting of the Fort Scott City Commission was held June 18, 2024, at 6:00PM (Time stamp: 0:010) in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas. (Time stamps according to YouTube recording of meeting).

ROLL CALL

Meeting called to order at 6:00PM. Commissioners Matthew Wells, Tim VanHoecke (via Teams), Dyllon Olson and Kathryn Salsbury were present with Mayor Tracy Dancer.

Audience in Attendance – Brad Matkin/City Manager, Bob Farmer/City Attorney, Jason Dickman/City Engineer-Earles Engineering, Jason Pickert/Chief of Police, Lisa Lewis/City Clerk, Tom Coffman/Public Works Manager, Dustin Fowler/Facilities Superintendent, Jessica Oliphant/BakerTilly (via telephone), Jackson Tough/Tourism & Public Relations Director, Robert Harrington/Bourbon County REDI, Cherri Walrod, Teri Hamilton, Michele Houser, Mack Houser, Ann Tebbets, Michael Hamilton, Ethan Holly, Trace V. Evans, Taylor Morrison, Maria Whitson, Larry Shead, Vickie Shead and Michael Hoyt.

PLEDGE OF ALLEGIANCE AND INVOCATION

1. Dancer led the Pledge of Allegiance and M. Wells said a prayer asking God for guidance for the City, our Government and City officials.

APPROVAL OF AGENDA (Time stamp 3:03)

MOTION:  D. Olson moved to approve the amended agenda.  T. VanHoecke seconded the motion. All voted yes.

MOTION PASSED BY 5-0 VOTE.

CONSENT AGENDA (Time stamp 4:20)

425. Approval of Appropriation Ordinance 1362-A – Expense Approval Report – Payment Dates – May 29, 2024 – June 11, 2024 – $525,425.91
426. Approval of Minutes for June 4, 2024
427. Request to Pay – Emery Sapp & Sons, Inc. – Application No. 3 – Fort Scott Municipal Airport – Amount Due – $244,783.75
428. Request to Pay – Earles Engineering & Inspection, Inc. – Invoice #17352 – EEI Project No. 23-15A – US-54 CCLIP Phase I – KDOT Project No. 06 KA-6898-01 – Pay Estimate #2 – Design Contracts/Plans to Field Check – Amount Due for Billing Period 3/31/2024 through 6/1/2024- $45,809.85
429. May Financials

MOTION:  D. Olson moved to approve the Consent Agenda as presented.  M. Wells seconded the motion. All voted yes.

MOTION PASSED BY 5-0 VOTE.

PUBLIC COMMENT (Time stamp 5:15) Comments deferred to New Business – Consideration of Ordinance No. 3767.

APPEARANCES

–  Haylea Hardy (Time stamp 6:23) – Temporary Park Closure – Riverfront Park – Wedding – Applicant appeared.

MOTION:  D. Olson moved to allow the closure of the northern section (with the pavilion) of Riverfront Park on October 11, 2024, at 8:00AM until October 12, 2024, at 10:00PM.

Applicants will contact Twisted Trailer to request the use of their parking lot.

1. Wells seconded the motion. All voted yes.

MOTION PASSED BY 5-0 VOTE.

–  Jay & Kim Wright (Time stamp 6:30) – Temporary Street Closure – Coates from Elm to Mulberry – July 4, 2024 – 7:00AM – Midnight – Applicants did not appear.

MOTION:  M. Wells moved to approve the street closure.  K. Salsbury seconded the motion.  All voted yes.

MOTION PASSED BY 5-0 VOTE.

–  Jackson Tough (Time stamp 10:06) – J. Tough appeared before the Commission with a presentation on the status of Tourism in Fort Scott.

–  Robert Harrington/Bourbon County REDI (Time stamp 38:01) – R. Harrington appeared before the Commission to ask them to consider (2) Rural Housing Improvement Districts (RHID).

– Denny Davis land (Margrave and Richards Road, west side of street, 30+ acres, interested developers). R. Harrington stated that they are also working with BNSF on a grant for an overpass in the Jayhawk Road area in the future. Incentive options were discussed.

–  Downtown – RHID for downtown buildings pays for upper story living.

1. Harrington recommends a RHID for the entire downtown.

1. VanHoecke left the meeting at 6:46PM and returned at 6:47PM.

MOTION:  M. Wells moved to move forward on the Denny Davis land with creating a RHID and working with developers on the details.  D. Olson seconded the motion.  All voted yes.

MOTION PASSED BY 5-0 VOTE.

1. Harrington was asked to comment on the STAR Bond and the ER. He stated that Steifel is the company working on issuing the bonds for that project. He also stated that Freeman Hospital will be coming to open an Acute Care Hospital in Fort Scott.

MOTION:  M. Wells moved to approve the RHID for the Moody Building, MacDonald Hall and the J.C. Penney Building and Wall Street Barber Shop.  T. VanHoecke seconded the motion.  K. Salsbury, M. Wells and T. VanHoecke voted yes.  D. Olson and T. Dancer voted no.

MOTION PASSED BY 3-2 VOTE.

NEW BUSINESS

1. Farmer left the meeting at 7:11PM

Action Items:

Consideration to purchase 2-Hose, 2-Pump Diesel Suction Pump – will replace old pump – budgeted for $20,000.00 and on capital improvement budget – $17,325.99 (Time stamp 1:11:39) – T. Coffman

MOTION:  M. Wells moved to approve the purchase.   D. Olson seconded the motion.  All voted yes.

MOTION PASSED BY 5-0 VOTE.

1. Farmer returned to the meeting at 7:13PM.

Consideration to Purchase a Greens Mower – Jacobsen GP400 – $19,000.00 –        D. Fowler.  The purchase to come from reserve funds was verified by J. Oliphant.

MOTION:  M. Wells moved to approve the purchase.   D. Olson seconded the motion.  All voted yes.

MOTION PASSED BY 5-0 VOTE.

1. Matkin left the meeting at 7:17PM

MOTION:  M. Wells moved to amend the agenda to move Item H (Consideration of Ordinance No. 3767) before Item C (Consideration of Estimate of Preliminary Engineering Fees) in New Business.  D. Olson seconded the motion. All voted yes.

MOTION PASSED BY 5-0 VOTE.

Consideration of Ordinance No. 3767 – An Ordinance Establishing the Farmers Market Policy, Located at the Fort Scott Downtown Pavilion, Otherwise Known as the Gathering Square Pavilion. (Time stamp 1:17:55) – D. Olson wrote the ordinance to guarantee that the Farmers Market has use of the pavilion during harvest season.

(Time stamp 1:19:19) – T. VanHoecke commented on the intention of the pavilion by the grant that ordinance and believed that the City staff is capable of working out these issues without the creation of an ordinance.

1. Matkin returned at 7:19PM.

Further discussion was had about the use of the pavilion.

(Time stamp 1:27:46) – Teri Hamilton/President of Fort Scott Farmers Market addressed the Commission regarding the effect of displacement on the businesses that use the Gathering Square.

(Time stamp 1:41:10) – M. Wells strongly stated that the Commission has to stand by their word on promises from past Commissions.

(Time stamp 1:42:24) – D. Olson moved to approve Ordinance No. 3767.  M. Wells seconded the motion.

(Time stamp 1:43:45) – Cherri Walrod and Mack Houser gave public comments regarding the Farmers Market and use of the Gathering Square.

(Time stamp 1:45:27) – D. Olson requested the Mayor call Point of Order to call the vote for the motion and second on the table.

1. Wells, D. Olson, K. Salsbury and T. Dancer voted yes. T. VanHoecke voted no.

MOTION PASSED BY 4-1 VOTE.

Consideration of Estimate of Preliminary Engineering Fees – Project No. 06 KA-6898-01 – Earles Engineering & Inspections – Survey, Road Plans, Specs and Estimates – US-54 (Barbee to Caldwell – Phase II Estimates to be combined with Phase I – $118,488.77 – (Time stamp 1:46:28) – J. Dickman stated that this is the approval from the Commission that needs to go to KDOT in order to combine Phase II of the Project to Phase I as agreed by the Commission.

1. Wells clarified that this was a 90-10 reimbursement agreement.

MOTION:  D. Olson moved to approve the Estimate of Preliminary Engineering Fees for Project No. 06 KA-6898-01 as presented.  M. Wells seconded the motion. All voted yes.

MOTION PASSED BY 5-0 VOTE.

Consideration to Purchase (2) 2024 Dodge Durangos (Patrol) – $150,000.00 – (Time stamp 1:48:39) – J. Pickert requested to purchase (2) new patrol vehicles, deliverable in a couple of weeks. The last purchase was for used vehicles and spent a lot of time in the shop. Local purchase options were pursued but did not work out.  The vehicles being replaced will go to positions that do not require as much use as patrol vehicles require.

Discussion was had about options to acquire a reliable fleet.

MOTION:  M. Wells moved to purchase the (2) vehicles that are available to be prospectively less than $100,000.00 for the (2) 2024 Dodge Durango Patrol vehicles.  K. Salsbury seconded the motion.  All voted yes.

MOTION PASSED BY 5-0 VOTE.

Approval of Ordinance No. 3764 – Disband the Golf Course Advisory Board and Repeal Ordinance No. 3604, Ordinance No. 3397 and Ordinance No. 3395. (Time stamp 1:56:55)

1. Wells left the meeting at 7:56PM.

MOTION:  D. Olson moved to approve Ordinance No. 3764 as presented.

1. Wells returned to the meeting at 7:58PM.

1. VanHoecke clarified with B. Matkin that this was still in the best interest of the golf course. B. Matkin said yes.

1. VanHoecke seconded the motion. All voted yes.

MOTION PASSED BY 5-0 VOTE.

Approval of Ordinance No. 3765 – Disband the Lake Fort Scott Advisory Board and Repeal Ordinance No. 3566 and Ordinance No. 3550. (Time stamp 1:59:10)

MOTION:  T. VanHoecke moved to approve Ordinance No. 3765 and repeal Ordinance No. 3655 and Ordinance No. 3550.  D. Olson seconded the motion.    D. Olson, T. VanHoecke, K. Salsbury and Tracy Dancer voted yes.  M. Wells voted no.

MOTION PASSED BY 4-1 VOTE.

Approval of Ordinance No. 3766 – Disband the Airport Advisory Board and Repeal Ordinance No. 3496 and Ordinance No. 3207.

MOTION:  D. Olson moved to approve Ordinance No. 3766 as presented.  M. Wells seconded the motion.  All voted yes.

MOTION PASSED BY 5-0 VOTE.

Consideration of Ordinance No. 3768 – An Ordinance Providing for the Salaries of the Appointive Officers and Employees of the City of Fort Scott, KS and Replacing Ordinance No. 3624. (Time stamp 2:01:00) B. Matkin stated that this is a range of salaries and hourly wages the City pays employees. It is an ordinance that is adopted every year for transparency and for HR to gauge starting pay and top pay for each position.

MOTION:  D. Olson moved to approve Ordinance No. 3768.  M. Wells seconded the motion. All voted yes.

MOTION PASSED BY 5-0 VOTE.

Consideration of Requests for Proposals for Memorial Hall façade repairs – Due June 17 but removed from the agenda prior to the meeting per Codes Department.

Consideration of Demolition Bids – 314 S. Eddy – (Time stamp 2:02:02) – Three (3) bids were received: Foxwell Holdings ($3,200.00); Dave’s Demo ($3,500.00); and Skitch’s Inc. ($9,327.00).

MOTION:  M. Wells moved to award the bid to Foxwell Holdings for the demolition of 314 S. Eddy.  D. Olson seconded the motion.  All voted yes.

MOTION PASSED BY 5-0 VOTE.

Consideration of Demolition Bids – 306 S. Lowman – (Time stamp 2:05:48) – Three (3) bids were received: Foxwell Holdings ($1,400.00); Dave’s Demo ($2,000.00); and Skitch’s Inc. ($9,283.00).

MOTION:  D. Olson moved to award the bid to Foxwell Holdings for the demolition of 306 S. Lowman.  M. Wells seconded the motion.  All voted yes.

MOTION PASSED BY 5-0 VOTE.

Consideration of Demolition Bids – 1801 E. Wall – (Time stamp 2:06:35) – Four (4) bids were received: Foxwell Holdings ($7,500.00); Greg Schick Pro Building Supply ($9,240.00); Skitch’s Inc. ($11,396.00) and Dave’s Demo ($3,000.00).

MOTION:  D. Olson moved to award the bid to Dave’s Demo for the demolition of 1801 E. Wall.  T. VanHoecke seconded the motion.  T. VanHoecke, D. Olson and T. Dancer voted yes.  M. Wells and K. Salsbury voted no.

MOTION PASSED BY 3-2 VOTE.

Consideration to Approve Permits for the Sale of Fireworks:  Jakes Fireworks at 2221 S. Main; Belino Fireworks at 2400 S. Main; and Jurassic Fireworks at 4500 Campbell. (Time stamp 2:08:09)

MOTION:  T. VanHoecke moved to approve the permits for the sale of fireworks.  M. Wells seconded the motion.  All voted yes.

MOTION PASSED BY 5-0 VOTE.

Consideration of Letter of Interest for Land Bank Vacancy – Land Bank meeting canceled; consideration tabled until after next Land Bank meeting.

REPORTS AND COMMENTS

City Manager Comments (Time stamp 2:10:42)

–  City Fireworks – July 6^th at FSCC beginning around 9:30PM (following rodeo)

–  Mardi Gras in the Fort – June 29^th at the Gathering Square – Care to Share Event in conjunction with the City of Fort Scott – Free Will Donation for a Shrimp Boil at 5:30PM – (2) bands beginning at 6:00PM.

Engineering Comments (Time stamp 2:12:52)

–  Horton Street and 6^th Street Project still on track for July 8^th start date. Traffic control will go up a week or so before. Information will be in Fort Scott Biz.

–  CCLIP Phase III – should hear from KDOT by August

Commissioners Comments

1. Olson (Time Stamp 2:14:14)

–  2023 Chip Seal on track for August

–  Utilize chip seal on residential roads for next year

ACTION:  B. Matkin will share list of streets at July 2 meeting

ACTION:  City Clerk to add Lake Lot Discussion to July 2 Agenda

Discussion of encroachments on lake lots with J. Dickman

–  Advisory Board openings

Planning Commission (1)

Library Board (1)

Parks Advisory Board (1)

Land Bank (1)

ACTION:  City Clerk to get a summary of vacant Advisory Board seats

1. Salsbury (Time Stamp 2:19:14)

–  Gathering Square – concerned about limiting the usage, wants to safeguard

Discussion about Gathering Square events

1. Wells (Time Stamp 2:23:37)

–  Status of CDBG Grant for Memorial Hall

–  Thank you extended to Freeman Hospital, KRI, JG Health and thanks to God for putting the right people in the right place at the right time to get things done.

–  Comments regarding Farmers Market and thank you to Commission for upholding the promises of former commissions and former city managers.

1. VanHoecke (Time Stamp 2:25:40)

–  Discouraged about Commissioner’s comments about lying, City employee was told to hurry up his presentation and the Commission jumping to vote on the ordinance instead of seeing what the City staff could work on another solution.

–  Many positive things happening but have confidence and respect in City staff.

1. Dancer (Time Stamp 2:29:07)

–  Comments relate back to pledge when he assumed this role to try to keep things on track in the interest of brevity.

–  In the interest of brevity, he asks that future presenters follow the model to be prepared, to be precise, to be brief and then be gone.

City Attorney Comments (Time Stamp 2:29:53)

–  No comments

ADJOURN

MOTION:  T. VanHoecke moved to adjourn the meeting at 8:30PM.  D. Olson seconded the motion.  All voted yes.

JUNE 18, 2024, MEETING ADJOURNED AT 8:30PM.

_______________________________________________________________________

Submitted by:

Lisa A. Lewis, City Clerk