The Street Advisory Board will meet on Thursday, September 9^th, 2021 at 4:00 p.m. at the City Commission Meeting Room at 123 S. Main Street. This meeting is open to the public.

This meeting will be made available via the City’s you tube channel at City of Fort Scott.

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of August 10^th, 2021 Special Meeting #21

A special meeting of the Fort Scott City Commission was held August 10^th, 2021, at 6:00 p.m. in the City Commission Meeting Room, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

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

AUDIENCE IN ATTENDANCE: Mark McCoy, Travis Shelton, Brad Matkin, Rachel Thompson, Susan Bancroft and Michael Hoyt.

CONSIDERATION:

1. Consideration of Interim City Manager Proposed Contract – Mayor Jones said that this agreement had been sent to all Commissioners yesterday. He asked if any of them had any questions.

Randy asked about the renewal period of month to month and if each month it is renewed.

City Attorney said that is correct.

J. Jones made a motion to enter into an employment contract with Mark McCoy as Interim City Manager for the City of Fort Scott. K. Allen seconded. All voted aye.

APPROVED TO ENTER INTO AN EMPLOYMENT CONTRACT WITH MARK MCCOY AS INTERIM CITY MANAGER FOR THE CITY OF FORT SCOTT ON A MONTH TO MONTH BASIS.

ADJOURNMENT:

J. Jones moved to adjourn the special meeting at 6:05 p.m. R. Nichols seconded. All voted aye.

ADJOURNED MEETING AT 6:05 P.M.

Respectfully submitted,

Diane K. Clay, M.M.C., City Clerk

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of August 5^th, 2021 Special Meeting #20

A special meeting of the Fort Scott City Commission was held August 5^th, 2021, at 6:00 p.m. in the City Commission Meeting Room, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners Pete Allen and Randy Nichols were present with Mayor Josh Jones presiding. L. Watts was present via telephone. K. Allen arrived at 8:04 p.m.

AUDIENCE IN ATTENDANCE: Rob Harrington, Mark McCoy, Travis Shelton, Crystal Mason, Stacy Wood, Jason Dickman, Nancy Maze, Bailey Lyons, Michael Hoyt, Jackson Tough, Lance Anderson, Rachel Thompson, Susan Bancroft and representing the press, Tammy Helm, Editor, Fort Scott Tribune.

CONSIDERATION:

1. Discussion regarding Cooper, National and Horton Bids (Jason Dickman)- Jason Dickman said that they had a rebid meeting this afternoon and there were two contractors present. One was Marbery Concrete and the other was Heck & Wicker. On Cooper Avenue, an addendum was added for asphalt versus concrete. The contractors are also concerned about running out of time to lay the asphalt this year. As it gets colder, it would affect the asphalt. He said that the earliest they could start could possibly be September 1^st, but probably more like October 1^st. The Commission could amend the start date to 2022. Jason said that National Avenue is the big issue. It’s small enough that we should be able to get a good bid and they can squeeze it in. The others are a decision to bid now with a later start date or wait to bid for Cooper and Horton Streets.

Discussion was held on Cooper Street to make sure the maintainer is used on this street.

Pete said that we should make a deal with the County. Josh said that the County does not have time, and their product would not be good past two years. Jason said that they would need to change their rock that they use for our asphalt.

Discussion was held concrete versus asphalt for Cooper Street.

K. Allen moved to amend the Cooper Street bid from asphalt to concrete. Bids will be due on August 12^th, 2021. J. Jones seconded. All voted aye.

Approved to amend the Cooper Street bid from asphalt to concrete. Bids will be due on August 12^th, 2021.

J. Jones made a motion to bid out Horton and Cooper, as is, with a start date in Spring of 2022. The bids will be due on August 12^th. L. Watts seconded. R. Nichols, L. Watts, and J. Jones voted aye. K. Allen and P. Allen abstained. Motion carried 3-2.

Approved to bid out Horton and Cooper as is with a start date in Spring of 2022. The bids will be due on August 12^th.

2. Approve Broker for Lake Lot Properties – Josh said that this was discussed yesterday. He asked the realtors if any would like to address the Commission.

Bailey Lyons said that she is opposed to having the lake properties auctioned off. She thinks there is a bigger pool of buyers when selling the property versus auctioning the property. Her commission level is 6% and she stated that in her packet she gave the Commission.

Lance Anderson said that he can auction off the property. He is also a realtor with Stewart Realty. He stated that a lot of times property will bring more money during an auction than just selling the property. He thinks this will be more profitable. He said he would sell four properties this fall and the remaining properties next year. His commission level is 5%. He discussed putting a reserve bid on the properties.

City Attorney said that a special meeting would need to be held to discuss if an auction bid could be accepted or not.

Stacy Wood said that she wanted to discuss the commercial building that the City owns and wants to sell. She gave some statistics of the sale of commercial buildings in Fort Scott and how the building needs to be marketed.

Jared Leek, Front Door Real Estate, said that he gave them a packet also. He has sold over $2,000,000 in properties at Lake Fort Scott since 2019. He has three agents that would be representing the lake. His commission is 5%.

The Commissioners thanked all the realtors and auctioneer that were present tonight.

R. Nichols moved to appoint Front Door Real Estate to sell the Lake Fort Scott property. L. Watts seconded. R. Nichols and L. Watts voted aye. K. Allen and P. Allen voted no. J. Jones abstained. Motion denied.

DENIED MOTION TO APPOINT FRONT DOOR REAL ESTATE TO SELL THE LAKE FORT SCOTT PROPERTY.

K. Allen moved to auction the property. If it doesn’t sell, or the Commission doesn’t agree or reach the sale price, they agree on, the properties will be distributed to realtors. P. Allen seconded. K. Allen and P. Allen voted aye. R. Nichols and L. Watts voted no. J. Jones abstained. Motion denied.

DENIed to auction the FOUR LOTS AT LAKE FORT SCOTT. If it doesn’t sell or the Commission doesn’t agree, the properties will be distributed to realtors.

josh recommended putting the realtors name in a hat and drawing for the properties and then selecting a realtor that way.

K. Allen made a motion to sell four lots at Lake Fort Scott at the 5% commission rate and give one lot to each of the four realtors. R. Nichols seconded the motion. P. Allen, R. Nichols, and K. Allen voted aye. K. Allen was not present for vote. J. Jones abstained. Motion carried 3-1.

approved to sell four lots at Lake Fort Scott at the 5% commission rate and give one lot to each of the four realtors.

3. Approve broker for 4500 Campbell Drive – Josh said that we need to pick a realtor and move on for the sale of 4500 Campbell Drive.

R. Nichols moved to approve Front Door Real Estate to sell the property at 4500 Campbell Drive. L. Watts seconded. R. Nichols and L. Watts voted aye. K. Allen and P. Allen voted no. J. Jones abstained. Motion denied.

Denied motion to approve Front Door Real Estate to sell the property at 4500 Campbell Drive.

L. Watts moved to approve Lyons Realty Group to sell the property at 4500 Campbell Drive. R. Nichols seconded. P. Allen, R. Nichols, and L. Watts voted aye. K. Allen voted no. J. Jones abstained. Motion carried 3-1-1.

approveD Lyons Realty group to sell the property at 4500 Campbell Drive.

4. 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 7:57 p.m. L. Watts seconded. All voted aye. This included the City Commission, and City Attorney.

L. Watts moved that the City Commission come out of Executive Session at 7:57 p.m. J. Jones seconded. All voted aye. Motion carried.

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 8:08 p.m. L. Watts seconded. All voted aye. This included the City Commission, and City Attorney.

L. Watts moved that the City Commission come out of Executive Session at 8:08 p.m. K. Allen seconded. All voted aye. Motion carried.

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 8:34 p.m. L. Watts seconded. All voted aye. This included the City Commission, and City Attorney.

J. Jones moved that the City Commission come out of Executive Session at 8:34 p.m. L. Watts seconded. All voted aye. Motion carried.

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 8:50 p.m. L. Watts seconded. All voted aye. This included the City Commission, City Attorney and Finance Director.

J. Jones moved that the City Commission come out of Executive Session at 8:50 p.m. L. Watts seconded. All voted aye. Motion carried.

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 9:00 p.m. L. Watts seconded. All voted aye. This included the City Commission. City Attorney, and Mark McCoy.

J. Jones moved that the City Commission come out of Executive Session at 9:00 p.m. K. Allen seconded. All voted aye. Motion carried.

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 9:05 p.m. R. Nichols seconded. All voted aye. This included the City Commission. City Attorney, and Mark McCoy.

J. Jones moved that the City Commission come out of Executive Session at 9:05 p.m. K. Allen seconded. All voted aye. Motion carried.

J. Jones made a motion to enter into a contract with Mark McCoy as Interim City Manager for the City of Fort Scott. L. Watts seconded. All voted aye.

APPROVED TO ENTER INTO A CONTRACT WITH MARK MCCOY AS INTERIM CITY MANAGER FOR THE CITY OF FORT SCOTT.

ADJOURNMENT:

J. Jones moved to adjourn the special meeting at 9:07 p.m. L. Watts seconded. All voted aye.

ADJOURNED MEETING AT 9:07 P.M.

Respectfully submitted,

Diane K. Clay, M.M.C.

City Clerk

CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes of August 3^rd, 2021 Regular Meeting #15

The regular meeting of the Fort Scott City Commission was held August 3^rd, 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:, Susan Bancroft, Director of Finance said a prayer asking God for guidance for the City, our Government and City officials.

AUDIENCE IN ATTENDANCE: Lee Davis, Allen Davis, Steve Anthony, Patrick Wood, Stacy Wood, Travis Shelton, Darcy Smith, Tina Lipe, David Lipe, Crystal Mason, Jared Leek, Cheryl VanHoecke, Tim VanHoecke, Billy Keith, Jody Hoener, Judy Warren, Terry Sercer, Deb McCoy, Frank Halsey, Patty LaRoche, Lindsay Madison, Mark McCoy, Kate Freeman, Michael Hoyt, Michele Tough, Jackson Tough, Thade Yates, S. L. Johnson, Nancy Van Etten, Johnnie Walker, Rob Harrington, Rachel Thompson, Susan Bancroft, Jason Dickman, Jesse Pohlmann, Brad Matkin, Janice Allen, Carl Brite, Barry Issac, Ted Hessong, and representing the press, Tammy Helm, the Fort Scott Tribune.

ADDITIONS TO AGENDA: Josh Jones asked under New Business the purchase of a motor for Public Works be added.

J. Jones made the motion to approve the agenda with the addition of the purchase of a motor for Public Works to be added under New Business. L. Watts seconded. K. Allen, R. Nichols, L. Watts, and J. Jones voted aye. P. Allen voted no. Motion carried 4-1.

approved the agenda with the addition of the purchase of a motor for Public Works to be added under New Business.

PROCLAMATIONS/RECOGNITIONS:

1. Recognition of Thade Yates, Summer Intern

2. Brad Matkin Human Resource Director

3. Jesse Pohlmann, Public Works Director

4. Seve Anthony, Golf Course Manager

5. Jackson Tough, Tourism Manager

Mayor Jones recognized Thade Yates as a Summer Intern with the City this summer. He will be a Senior this year at Fort Scott High School and plans to enter into the political science field. The Mayor presented him with a certificate of recognition.

Mayor Jones recognized Bard Matkin as the new Human Resource Director, Jesse Pohlmann, Public Works Director, Steve Anthony, Golf Course Manager, and Jackson Tough, Tourism Manager.

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 6:27 p.m. L. Watts seconded. K. Allen, P. Allen, R. Nichols, L. Watts, and J. Jones voted aye. This included the City Commission and City Attorney.

J. Jones moved that the City Commission come out of Executive Session at 6:27 p.m. L. Watts seconded. P. Allen, R. Nichols, L. Watts, and J. Jones 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 6:39 p.m. L. Watts seconded. K. Allen, P. Allen, R. Nichols, L. Watts, and J. Jones voted aye. This included the City Commission and City Attorney.

L. Watts moved that the City Commission come out of Executive Session at 6:39 p.m. R. Nichols seconded. P. Allen, R. Nichols, L. Watts, and J. Jones voted aye.

Mayor Jones informed the public that the City has received a letter of resignation from Jeremy Frazier as City Manager of the City of Fort Scott.

J. Jones moved to accept the resignation of Jeremy Frazier. L. Watts seconded. K. Allen, R. Nichols, L. Watts, and J. Jones voted aye. P. Allen voted no. Motion carried 4-1.

APPROVED TO ACCEPT THE RESIGNATION OF JEREMY FRAZIER.

J. Jones amended his motion to accept the resignation of Jeremy Frazier and allow the Mayor to the sign the Severance Agreement with Mr. Frazier. L. Watts seconded. K. Allen, R. Nichols, L. Watts, and J. Jones voted aye. P. Allen voted no. Motion carried 4-1.

amended motion to accept the resignation of Jeremy Frazier and allow the Mayor TO the sign the Severance Agreement with Mr. Frazier.

CONSENT AGENDA:

1. Approval of Appropriation Ordinance 1293-A totaling $632,620.70.

2. Request to Pay – Key Equipment & Supply Company – Tractor Trailer – $139,754.

3. Request to Pay – Earles Engineering – Building Inspection – $1,669.50.

4. Request to Pay – Bettis Asphalt – National Avenue mill/overlay – $74,465.65

5. Request to Pay – Allgeier, Martin & Associates, Inc. – Clarifier Painting – $6,157.16

R. Nichols moved to approve the Consent Agenda. L. Watts seconded. R. Nichols, L. Watts, and J. Jones voted aye. P. Allen voted no. K. Allen abstained. Motion carried 3-1-1.

APPROVED CONSENT AGENDA.

Public Comment:

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

Judy Warren – Ms. Warren asked when National Avenue would be completed. She was told that bids were out and were due on August 12^th.

She also said that she is not a politician. She has spoken with a lot of people with suggestions who have lost faith in City administration to do their jobs. She asked that people get on the right track.

Jared Leek – Mr. Leek said that he was gave a packet to the Commission from Front Door Real Estate. Mayor Jones said he would have an opportunity later to discuss this issue.

Michael Hoyt – Mr. Hoyt said he had two old business items to discuss. There has been nothing done with the trees on the bypass. He went out and figured there would be 600 more feet of visibility if those trees were removed.

K. Allen told him that direction was given to the previous City Manager. He will discuss with Jesse Pohlmann, Public Works Director.

Mr. Hoyt asked about the Human Relations Advisory Board as it was not on the agenda.

K. Allen said he asked the City Manager to place it on the agenda.

Mr. Hoyt said that few words are music to his ears – those words are see you in court.

Janice Allen – Ms. Allen said she wanted to discuss the 1% Citywide sales tax. In 1983 and 1986, the City Commission passed and approved two resolutions to place the 1% sales tax on the ballot. The sales tax is now 9.4%. In 1983, it was committed to Streets. In 1986, the resolution changed to the will of the people. She asked the Commission to make a resolution as to what you want to do with the sales tax and use it for what the people voted for twice. If not, something different is going to happen. Over the years, the governing body has spent less and less on streets. She said that 55% of the money comes from sales tax. She said that these resolutions need repealed. She takes great pride in the City of Fort Scott and does not want her grandchildren and great-grandchildren to think the town has gone to rubble.

City Attorney asked if the Commission passed a resolution, would the petition go away?

Janice said that they might.

R. Nichols asked Susan to review this during the budget work session process.

P. Allen said regardless of what Susan comes up with on streets, the Commission needs to restate the terms of the 1983 use of the sales tax money. He said that no one wants to file a complaint. He said that the citizens want the streets fixed. We keep losing ground. He asked that this Commission make a statement that we would like to rewrite the resolution to include the terms of the 1983 resolution.

City Manager Report and Comments: None

Engineering Firm Update: Jason Dickman, Earles Engineering, Inc. informed the Commission that Cooper Street project is out for bid. An addendum was sent out. A pre-bid meeting will be held next Thursday at 2:00 p.m. Horton Street and National Avenue are both out for bid and due on August 12^th.

He said that they are continuing the sewer rehab project on Old Faithful. He said that there is a City ordinance that conflicts with the specifications currently. It talks about procedures and this is why the 3^rd Street project had issues. It ended up being backfilled a certain way which was more costly to repair.

Eagle Block Building – They are moving forward and have contracted to demo the Eagle Block and CDL building. He knows there is concern with saving the façade. There is no structural support to those side walls. The demo includes to backfill the basements of the buildings. There is a third party contracted to provide stabilization of the walls and make repairs. Jason said that there needs improved fencing behind the area. O.S.H.A. requires to close off the pit.

P. Allen said he wants to seriously consider saving the façade.

Frank Halsey said that that State Historical Preservation Office will not have any interest in the first floor. The wall is not providing any structural integrity.

Jason said that he knows they want to open Sharkey’s as soon as possible.

Carl Brite stated that he was asked to shut down the project by the City Manager so Sharkey’s could reopen.

Jason said that the engineering firm will gather quotes. The engineering firm will provide guidance in shoring. The engineering firm will provide daily updates also.

J. Jones asked for a schedule and a timeline of the next steps to occur.

Jason said that they need to accept quotes or bids for the shoring or waterproofing. They will coordinate with the contractor and see when area contractors can come and look.

City Attorney said that process is moving forward.

Carl recommended getting bids until tomorrow afternoon.

The Commission all were in agreement that they want everything to be done as safe as possible.

Public Hearings: None

Director Reports: None

Old Business:

1. Discussion of Downtown Parking – Josh said that this is for Main Street and National which is two hour parking. The ordinance is already on the books which gives the Commission the authority to put up signs in the City to put up signs wherever they want.

Travis Shelton, Chief of Police, said that enforcement will be an issue. We no longer have a meter maid to enforce parking violations. A person has to be willing to sign a citation against a person to file a complaint. There is a court case on chalking tires currently.

City Attorney said that system cannot be used according to this case. He said that the merchants that are there would need to sign the citation. Cameras were also discussed about placing them in the downtown area. The Commission would have to determine if they would want to spend money for cameras.

J. Jones said that signage should be first and see how that works.

R. Nichols stated that we need to put up parking signs. We also need to set up a meeting with people living in the downtown buildings and business owners to come up with a plan. It could also help if the parking lot behind the building at 1^st and Main were completed.

J. Jones asked about putting signs up on National on the west side.

Discussion was held regarding placing gravel on the parking lot at 1^st and National.

2. Resolution for Use of Proceeds from Lake Property Sale – Josh said that this discussion has been happening about where to put the proceeds from the sale of lake property.

K. Allen stated that 100% of those funds should go to a Fort Scott Lake Fund.

R. Nichols said that he thinks it is a mistake to put all of the funds into one fund like that. We have many issues throughout the City to take care of. He said that the Commission should approve the use of the funds.

K. Allen said that he thinks the citizens should have good facilities.

P. Allen said that he suggested that 50% should go to the Lake fund and 50% go into the Street fund.

J. Jones said it should be a Commission controlled fund.

Lindsay Madison said a good purpose for those funds could be used for housing projects throughout the City.

Nancy Van Etten said that the Lake Advisory Committee would like to see the funds kept separate also. People can’t use the lake effectively.

K. Allen made a motion for the City Attorney to create a resolution to create a Lake Fort Scott Fund and allow the Commission to direct spending with the ability to transfer to other funds. J. Jones seconded. All voted aye.

Approved for the City Attorney to create a resolution to create a Lake Fort Scott Fund and allow the Commission to direct spending with the ability to transfer to other funds.

3. Deed Restrictions for Lake Property for Sale – Nancy Van Etten, Chairperson, said that the Lake Advisory Committee has recommended two deed restrictions only. Those are it must be a single family dwelling and a home stick built house.

L. Watts moved to approve the two deed restrictions for building at Lake Fort Scott. J. Jones seconded. K. Allen, P. Allen, L. Watts and J. Jones voted aye. R. Nichols voted no. Motion carried 4-1.

approved the two deed restrictions for building at Lake Fort Scott.

APPEARANCES:

1. Frank Halsey – Marmaton Massacre Event – September 18^th & 19^th – Gunn Park – Frank informed the City that they moved the Marmaton Massacre from July to September and the Tri-Yak-A-Thon to that same weekend. They are hoping for cooler temperatures. This will be two fun days of activities and these events continue to grow. A disc golf tournament will also happen that weekend. There will be food trucks in the park. A chainsaw demonstration will also be held. He asked for permission to use the campground for only participants, EMS services, and the back two shelter houses.

R. Nichols moved to approve to close the campground for only participants, provide EMS service and free camping and shelter rental for the Marmaton Massacre event on September 18^th and 19^th at Gunn Park. K. Allen seconded. All voted aye.

approved to close the campground for only participants, provide EMS service and free camping and shelter rental for the Marmaton Massacre and tri-yak-a-thon event on September 18^th and 19^th at Gunn Park.

2. Terry Sercer – 2020 Audit – Mr. Sercer said that he is with Diehl, Banwart & Bolton, CPA. He said he wanted to hit a couple of important parts of the audit. The audit financial statements are verified that receipts and expenditures are accurate. They look at the utility billings and ordinances and make sure what is being charged is correct. They look at payroll and verify that is correct also. The Commission should always review the expenditures, not the auditors. There are no cash basis violations. A single audit was performed. On page 71 of the audit, is a listing of all federal funds. The water intake project is a USDA loan which will be a federal fund. He said that their firm has done the audit for the City for the past 36 years. There were no disagreements with City management. He said that it is a pleasure to work with the City.

3. Lee Davis – Eagle Project Presentation – Mr. Davis said that he is 17 years old. He wants to put a bicycle service station by Shelter House #6. It is located where the trails start. If your bike would break down, he would have some tools there where it could be repaired. The City would pay $360.00, Gunn Park would pay for 1/3 and he is submitting a grant to Bedco for 1/3.

K. Allen made a motion to allow him to place a bicycle repair station by Shelter House #6 and for the City to allocate $360.00. J. Jones seconded. All voted aye.

approved to allow Lee Davis to place a bicycle repair station by Shelter House #6 and for the City to allocate $360.00.

4. Jody Hoener – Grant for Water Filling Stations – Ms. Hoener said she is part of the Bourbon County Action Team. She said that they are working on Phase II now. She is working on the grant for Water Filling Stations throughout the City. Their board accepted bids, but it was for indoor stations and not outdoor stations. Their recommendation is to purchase four (4) stations. The locations are at Shelter #3 at Gunn Park, Riverfront Park, one in Uniontown, and one in Bronson. She asked for approval for the revised budget. Susan will be the contact person for the City.

K. Allen moved to approve the grant amendment for water filling stations. L. Watts seconded. All voted aye.

APPROVED THE GRANT REVISED BUDGET FOR WATER FILLING STATIONS.

5. Ted Hessong – K.S.D.E. Tour – Mr. Hessong said that he would like to personally invite the City Commission to the Kansas Can Success Tour at the River Room on August 16^th from 6:00 to 7:30 p.m. This is the Commissioner of Education will be appearing and he will address regarding the success of each child to create outcomes and feedback from communities.

New Business:

1. Approval to purchase a transmission for a Mack truck – Jesse Pohlmann, Public Works Director, said that transmission is for a Mack truck that has been sitting for more than two years. One company has said they could possibly rebuild the transmission but wasn’t sure. They called Mack and they said that they could rebuild it. The cost is approximately $9,500 for a new transmission.

K. Allen moved to approve to purchase a transmission from Mack at the approximate cost of $9,500. L. Watts seconded. All voted aye.

approved to purchase a transmission from Mack at the approximate cost of $9,500 for a city dump truck.

2. Approval of contract for Audited Services for 2020 – Susan said that this is the contract for the agreement for the contract for the audit for 2020 with Diehl, Banwart, & Bolton.

K. Allen moved to approve the 2020 Audit Contract with Diehl, Banwart & Bolton, CPA for 2020 in the amount of $18,700. L. Watts seconded. All voted aye.

approved the 2020 Audit Contract with Diehl, Banwart & Bolton, CPA for 2020 in the amount of $18,700.

3. AWOS Grant – Approval for exception from purchasing policy – Seth Simpson, Airport Manager, said that the City received a K.D.O.T, grant for an A.W.O.S. system. With COVID, there are only two types we are able to purchase but they are owned by the same company. The grant amount is for $121,178 and is a 90/10 grant. The quote is $105,170 and $10,000 to install which includes one year of maintenance. The current system is outdated and needs to be replaced.

L. Watts moved to approve the A.W.O.S. system through D.B.T. J. Jones seconded. All voted aye.

approved the A.W.O.S. system upgrade through D.B.T. in the amount of $105,170 with $10,000 to install which includes one year of maintenance.

4. Fuel Pedestal Grant – Approval to upgrade system with current provider – Seth Simpson, Airport Manager, said that the City received a grant in the amount of $20,000. This is currently on a dial up system. This will be a hard wired line. This current system is a M3000 and the upgrade would make it a M4000 system. The only company that makes the M4000 is QTPod and their quote is $14,475.00. He asked approval to upgrade the system at the Airport. This is a 90/10% grant.

K. Allen moved to upgrade the Fuel Pedestal Grant with the M4000 system through QTPod at a cost of $14,475.00 for the Airport. L. Watts seconded. All voted aye.

approved to upgrade the Fuel Pedestal Grant with the M4000 system through QTPod at a cost of $14,475.00 for the Airport.

5. Approval to go out for Request for Proposals for the Kansas Moderate Income Housing Grant – Susan informed the Commission that this grant is coming up and we don’t want to miss out on the opportunity. We don’t have staff to do this right now. She suggested looking at Bourbon County R.E.D.I. to assist with it.

J. Jones moved to use Bourbon County R.E.D.I. to assist with the Kansas Moderate Income Housing Grant. L. Watts seconded. P. Allen, R. Nichols, L. Watts, and J. Jones voted aye. K Allen abstained.

approved to use Bourbon County R.E.D.I. to assist with the Kansas Moderate Income Housing Grant.

6. Discussion of Code Enforcement Training and Adherence to the International Property Maintenance Code – Bill Downey, Administrative Sergeant, said that he was here to present information regarding the training and qualifications of officers. He was asked if their office had copies of the 2012 International Property Maintenance Code. That is just one element of the codes that were adopted several years ago. Also adopted were the Property Code, Residential Code, Building Code, Mechanical Code, Fuel and Gas Code, Plumbing Code, Fire Code, and the 2011 Electrical Code. In 2013, the State of Kansas removed the requirements for Code Enforcement Officers to be inspector qualified. The individuals that are employees at this time can do inspections. He has two employees at this time. He stated that there is a Kansas Association for Code Enforcement and the City is a member of it as well as his employees. They will have a conference in the fall of 2022 and usually have two conferences a year which they attend. He has a goal for his officers that they will be nationally certified by December of 2022. At the end of 2023, they will be nationally certified Codes Administrators. His employees are uniform in appearance and will begin wearing shirts with the City’s logo.

Pete said he had questions on the current buildings in downtown Fort Scott that are in disrepair.

Bill said that they may have to work with the County Attorney in order to get into the buildings if the owner won’t cooperate with the City.

Pete asked about a time frame.

Bill said he has been on the job for a month and asked for some time.

City Attorney said if he determines he needs to get into a building, Bill will need to contact the County Attorney’s office to gain entry.

Josh said that Shane Walker is willing to use his drone to do a flyover to get footage of buildings if needed.

 

7. Approval to send Lake Residents Survey from the Lake Smart Growth Committee – Nancy Van Etten, Chairperson, Lake Advisory Committee, said that the Lake Committee prepared a survey regarding Smart Growth at the Lake to send to Lake residents. She asked approval to send out this survey.

J. Jones moved to approve to send out the survey to Lake Residents regarding Smart Growth. K. Allen seconded. K. Allen, P. Allen, L. Watts, and J. Jones voted aye. Motion carried.

Approved to send out the survey to lake residents regarding smart growth at the lake.

8. Approval of Bid for Lake Fort Scott Property Sale – Mayor Jones said that there are four realtors present who may wish to address the Commission. There were four proposals received: Lance Anderson, Lyons Realty Group, Stutesman’s Action Realty, and Front Door Real Estate.

Jared Leek spoke on his proposal. He gave each Commissioner a packet of information.

Stacy Wood spoke on her proposal. She partners with Keller-Williams Marketers on properties.

K. Allen moved to table the sale of Lake Fort Scott Properties and the First Source Property sales at this time. J. Jones seconded. All voted aye.

APPROVED TO TABLE THE SALE OF LAKE FORT SCOTT PROPERTIES AND THE FIRST SOURCE PROPERTY SALE AT THIS TIME.

9. Approval of Bid for First Source Property Sale – See Item #h – Tabled this item.

10. Approval of Super Market Developers & CHCSK Termination Agreement – CID & TIF District – Susan said that this Consent, Release and Termination Agreement is between the City of Fort Scott and Super Market Developers, Inc. and Community Health Care Center of Southeast Kansas, Inc. Super Market Developers has sold their property to CHC. Super Market Developers originally had a CID and TIF Agreement with the City which will be void since the property has sold.

R. Nichols moved to approve the Consent, Release and Termination Agreement between the City of Fort Scott and Super Market Developers and CHC on the TIF and CID Districts. L. Watts seconded. All voted aye.

approved the Consent, Release and Termination Agreement between the City of Fort Scott and Super Market Developers and Community health care center of southeast kansas, inc. on the TIF and CID Districts.

11. Discussion of Potential Stormwater Projects for 2021 (Pete Allen and Jason Dickman) – 15^th & National

Crawford – Wall to Elm

Washington & Wall

East National and Railroad

Ellis Park – South to 18^th Street

Jason Dickman, Earles Engineering, informed the Commission that the East National and Railroad is one option. He said that these projects would all be pending on funds being available. He said that 15^th & National – there are two inlets where it connects into National. One of the inlet tops is knocked over. They are old style inlets and this would include the 17^th and Eddy location. They would need to analyze the entire system. He said that the Crawford Street from Wall to Elm that the inlets are in bad shape along with the brick street and the stone curbing. New pipe would need to be installed west behind the curb to capture the water flow. The Washington and Wall location has issues caused by wheelchair ramps that were installed that caused the water to go into the front door of the homeowner. Inlets would need to be added to change the water flow.

Susan said that there is $800,000 available.

Discussion was held to have at the next meeting a proposed plan for their consideration.

12. Set Budget Work Sessions – Susan asked that a budget work session be held on August 19^th, 2021 and August 24^th, 2021.

Reports and Comments:

Commissioner Reports and Comments:

L. Watts – Lindsey welcomed all the new hires to the City.

R. Nichols – Nothing to report.

P. Allen – Pete remarked that at Buck Run Community Center, the walls are W.P.A. walls. There are huge cracks there and about to push the walls over. He asked Jesse to check this out and see what the City can do.

K. Allen – Kevin remarked that he is excited about the new employees to the City.

Kevin asked if there are any results on the Schneider Energy update.

Susan said that Michael Mix can get with them and have them appear before the Commission.

J. Jones – Josh asked who was responsible for the speed limit on the highways. He asked if it was K.D.O.T. or the City.

It is K.D.O.T.’s responsibility.

He asked about the delay on the lights with K.D.O.T.

City Attorney Report and Comments: Bob said that since the City is short staffed at the Airport, that Ward Kraft will assist at the Airport. The City would pay them to fill in when Airport staff is gone. Bob would work out a short term contract with W/K.

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 9:52 p.m. This Executive session will include the City Commissioner and City Attorney. L. Watts seconded. All voted aye.

L. Watts moved that the City Commission come out of Executive Session at 9:52 p.m. J. Jones 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 10:06 p.m. This Executive session will include the City Commissioner and City Attorney. L. Watts seconded. All voted aye.

L. Watts moved that the City Commission come out of Executive Session at 10:06 p.m. J. Jones seconded. All voted aye.

Adjournment:

J. Jones moved to adjourn the meeting at 10:07 p.m. L. Watts seconded. All voted aye.

ADJOURNED MEETING AT 10:07 P.M.

Respectfully submitted,

Diane K. Clay, M.M.C.

City Clerk

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of July 23^rd, 2021 Special Meeting #19

A special meeting of the Fort Scott City Commission was held July 23^rd, 2021 at 8:00 p.m. in the City Commission Meeting Room, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners Pete Allen and Randy Nichols were present with Mayor Josh Jones presiding. L. Watts was present via telephone. K. Allen arrived at 8:04 p.m.

AUDIENCE IN ATTENDANCE: Michael Hoyt, Jimmy Kemmerer, and Susan Bancroft.

CONSIDERATION:

1. Executive Session K.S.A. 75-4319(b)(2) Attorney-Client Privilege exception

J. Jones 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 8:18 p.m. R. Nichols seconded. All voted aye. This will include the City Commission, City Manager, and City Attorney.

J. Jones moved that the City Commission come out of Executive Session at 8:18 p.m. L. Watts seconded. All voted aye. Motion carried.

j. jones made a motion to accept the Settlement and Release Agreement between the City of Fort Scott and Rachel Pruitt. The City will pay $5,000 deductible and the insurance company will pay the remaining funds. R. Nichols seconded. R. Nichols, L. Watts, and J. Jones voted aye. P. Allen and K. Allen abstained. Motion carried.

approved to accept the Settlement and Release Agreement between the City of Fort Scott and Rachel Pruitt. The City will pay $5,000 deductible and the insurance company will pay the remaining funds.

ADJOURNMENT:

J. Jones moved to adjourn the special meeting at 8:17 p.m. R. Nichols seconded. All voted aye.

ADJOURNED MEETING AT 8:17 P.M.

Respectfully submitted,

Diane K. Clay, M.M.C.

City Clerk

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of July 22^nd, 2021 Special Meeting #18

A special meeting of the Fort Scott City Commission was held July 22^nd, 2021 at 12:00 p.m. in the City Commission Meeting Room, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners Pete Allen and Randy Nichols were present with Mayor Josh Jones presiding. K. Allen and L. Watts were absent.

AUDIENCE IN ATTENDANCE: Travis Shelton, Jimmy Kemmerer, and Susan Bancroft.

CONSIDERATION:

1. Approval of Contract with Noble Health Care – Susan Bancroft, Director of Finance explained to the Commission that the contract with Noble Health Care needs to be approved and signed in order to release the A.R.P.A. funding to them.

R. Nichols moved to approve the contract with Noble Health Care. P. Allen seconded. All voted aye.

ADJOURNMENT:

J. Jones moved to adjourn the special meeting at 12:01 p.m. R. Nichols seconded. All voted aye.

ADJOURNED MEETING AT 12:01 P.M.

Respectfully submitted,

Diane K. Clay, M.M.C.

City Clerk

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of July 21^st, 2021 Special Meeting #17

A special meeting of the Fort Scott City Commission was held July 21^st, 2021 at 5:30 p.m. in the City Commission Meeting Room, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners Pete Allen, Randy Nichols and Lindsey Watts were present with Mayor Josh Jones presiding. K. Allen arrived at 5:32 p.m.

AUDIENCE IN ATTENDANCE: Dave Bruner, Travis Shelton, David B. Lipe, Allyson Turvey, Jimmy Kemmerer, Peter Earles, Jackson Tough, Susan Bancroft, and representing the press, Tammy Helm, Fort Scott Tribune.

CONSIDERATION:

1. Approval of Eagle Block and CDL Building Demolition Contract – City Manager discussed with the Commission that two separate quotes were received for the demolition of the two buildings. He has shared that with them. The initial quote for $148,500 from American Wrecking Company and the second quote was from First Con Inc. in the amount of $237,500. The engineers have looked at both bids and it is the City’s recommendation of the initial bid received from American Wrecking Company.

Peter Earles said that he included in the contract what was in the original proposal from American Wrecking Company. Shoring is not part of his bid. All material will be hauled off site and it will be backfilled with approved material.

Pete said he was not clear on the north building. Who is required to protect existing buildings.

Peter Earles said he will do what is needed to protect the south and north buildings. This company has insurance to cover themselves.

City Manager said that he met with a local citizen that has access to engineering services, but he said he would allow his engineer to look at the building. They are trying to reopen Sharky’s as soon as possible.

Peter Earles said once the building is down, that Sharky’s can reopen.

City Attorney said that the engineering firm will be present and in charge of this demolition.

R. Nichols moved to approve the contract with American Wrecking Company in the amount of $148,500 for the demolition of the Eagle Block Building and the CDL Building. L. Watts seconded. P. Allen, R. Nichols, L. Watts, and J. Jones voted aye. K. Allen abstained. Motion carried.

approved the contract with American Wrecking Company in the amount of $148,500 for the demolition of the Eagle Block Building and the CDL Building.

ADJOURNMENT:

L. Watts moved to adjourn the special meeting at 5:51 p.m. R. Nichols seconded. All voted aye.

ADJOURNED MEETING AT 5:51 P.M.

Respectfully submitted,

Diane K. Clay, M.M.C.

City Clerk

CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes of July 20^th, 2021 Regular Meeting #14

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

INVOCATION:, Matthew Wells said a prayer asking God for guidance for the City, our Government and City officials.

AUDIENCE IN ATTENDANCE: Peter Earles, Michael Hoyt, Judy Warren, Matthew Wells, Lynette Westhoff, Tim Harper, Carl Brinks, Lyle Brittain, Dave Bruner, Travis Shelton, Jimmy Kemmerer, Martha Scott, Lisa Walther, Nancy VanEtten, David B. Lipe, Sara Ellis, Bob Eckles, Ally Turvey, Valetta Cannon, Jackson Tough, Doug Guns, Forrest Rhodes, and representing the press, Daniel Camp, KOAM TV, and Jason Silvers, the Fort Scott Tribune.

PROCLAMATIONS/RECOGNITIONS: Recognition of Lisa Walther for 25 years of service to the Fort Scott Public Library – Josh said she began her employment in 1996. She led with the remodeling project and through COVID. She was presented with a Certificate of Recognition by the City Commission.

ADDITIONS TO AGENDA: Josh Jones asked that Rob Harrington be added to the agenda under Appearances.

CONSENT AGENDA:

1. Approval of Appropriation Ordinance 1292-A totaling $538,748.47.

2. Request to Pay – HDR Engineering, Inc. – River Intake Project – $54,902.50.

3. Request to Pay – Health Insurance – $1,192.61.

4. Request to Pay – Agricultural Engineering Associates – Mayco Ace Project Inspection – $4,000.00.

5. Request to Pay #3 – Triangle Builders, LLC – Mayco Ace Project – $59,993.00.

6. Resolution 8-2021 – Resolution Setting a Public Hearing with Reference to Alleged Unsafe and Dangerous Structure location at 14 S. Margrave – Public Hearing Date – 9/7/2021 – 6:15 p.m.

7. Resolution 9-2021 – Resolution Setting a Public Hearing with Reference to Alleged Unsafe and Dangerous Structure location at 114 S. Barbee – Public Hearing Date – 9/7/2021 – 6:15 p.m.

8. Resolution 10-2021 – Resolution Setting a Public Hearing with Reference to Alleged Unsafe and Dangerous Structure location at 323 S. Hill – Public Hearing Date – 9/7/2021 – 6:15 p.m.

9. Resolution 11-2021 – Resolution Setting a Public Hearing with Reference to Alleged Unsafe and Dangerous Structure location at 610 S. Heylman – Public Hearing Date – 9/7/2021 – 6:15 p.m.

10. Resolution 12-2021 – Resolution Setting a Public Hearing with Reference to Alleged Unsafe and Dangerous Structure location at 619 S. Ransom – Public Hearing Date – 9/7/2021 – 6:15 p.m.

11. Resolution 13-2021 – Resolution Setting a Public Hearing with Reference to Alleged Unsafe and Dangerous Structure location at 611 S. Ransom – Public Hearing Date – 9/7/2021 – 6:15 p.m.

12. Resolution 14-2021 – Resolution Setting a Public Hearing with Reference to Alleged Unsafe and Dangerous Structure location at 316 S. Main – Public Hearing Date – 9/7/2021 – 6:15 p.m.

13. Resolution 15-2021 – Resolution Setting a Public Hearing with Reference to Alleged Unsafe and Dangerous Structure location at 1517 S. Main – Public Hearing Date – 9/7/2021 – 6:15 p.m.

14. June Financials

L. Watts moved to approve the Consent Agenda. R. Nichols seconded. K. Allen, R. Nichols, L. Watts, and J. Jones voted aye. P. Allen voted no. Motion carried 4-1.

APPROVED CONSENT AGENDA.

Public Comment:

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

Michael Hoyt – Mr. Hoyt addressed the trees at 12^th and the bypass on Highway 69. He said that they need to be removed on the southbound side. There is only a four second delay on those lights. The trucks need to be slowed down to maybe 40 mph. School will be starting soon. The City needs to take care of potential liability.

Pete asked if the City can control the lights. Travis Shelton will check into this.

Mr. Hoyt also addressed the Human Relations Advisory Board that was on the books back in 1968. He asked that the City Commission reactivate this board.

Josh asked the City Manager to look at this ordinance and see if it needs updated.

Judy Warren – Ms. Warren said that she is 100% behind the advisory boards that the City has.

She also stated that the improvements at the beach at the Lake are wonderful.

City Manager Report and Comments: Jeremy stated that Ally helped with Codes enforcement on eight properties that need addressed. There is $50,000 in the budget for demolition. Kevin asked if we can get the County to waive the dump fees. He said that he has not had any communication with the County about this.

Jeremy said that he interviewed and hired a Public Works Director, Jesse Pohlmann, and a Golf Pro Manager, Bob Haney, and is waiting on a response from a Human Resource Director candidate. He went on a tour with Don George with the Kansas Department of Wildlife and Parks. He met with the Riverfront Authority to remove the observation deck. The City will be accepting bids on this. He met with Old Fort Genealogy on the assessment of the building at Memorial Hall where they are housed. He said that work is ongoing at the beach at Lake Fort Scott, and several improvements for tree removal and cleanup along the shore line. He met with AG Engineering about the micro meat processing facility and the KDOT road and access.

Engineering Firm Update: Jason Dickman, Earles Engineering, Inc. said he would wait until later in the agenda.

Public Hearings:

6:15 p.m. – Resolution Directing the Repair or Removal of an Unsafe and Dangerous Structure located at 14 N. Main.

L. Watts moved to open the Public Hearing at 6:17 p.m. K. Allen seconded. All voted aye.

Josh asked if any citizens wanted to speak on this topic.

Matt Wells – He said that six years ago he tried to do something with the Eagle Block building. He tried to get the roof patched and, unfortunately, it didn’t happen. He said that there are some horrible decisions that have to be made. He thinks changes need to be made in town. He has seen social media posts about heads needing to roll. We are all to blame for this building and the condition it is in. We didn’t make the changes necessary to protect that building. We need a Team Fort Scott that works together as a team. If you’re not part of the solution, you are part of the problem. He said that if there is any way to save the façade of the Eagle Block, it needs to happen. He said he talked to Frank Halsey and conveyed how to save the façade. We don’t need this to happen in the future. We need a Codes enforcer in the City who knows the codes and has the ability to enforce the codes. We need a Governing Body to hold the owners accountable. We need to get Codes out to access the buildings including windows, roofs, and structures. We need to take action now. We need to make sure that this is the last building this happens to. We need to figure out how to get grants for these building. We need to protect Historic Fort Scott.

Josh said that we need to get with Bob Farmer to see how we can enforce property owners to repair these structures.

Matt said that we need to have a contractor’s license and make sure we get a copy of their insurance. He also said that the McDonald Hall building is a concern as well.

Michael Hoyt said that he lived 20 years in Phoenix. They can get a tax credit for what is built behind it. They could build something behind the façade.

Rob Harrington said that he met with the State today. Kayla Savage with CDBG, Patrick with S.H.P.O. and Trisha with the State were also on the call. The Eagle Block building has already received the State Historical designation.

There were no other comments from the audience.

R. Nichols moved to close the Public Hearing at 6:34 p.m. L. Watts seconded. All voted aye.

CLOSED PUBLIC HEARING AT 6:34 P.M.

Director Reports: None

Old Business: None

1. Discussion of Lake Fort Scott repairs/upkeep – Doug Guns, Parks Director, spoke to the Commission regarding improvements at Lake Fort Scott. He said that he would help with A.D.A. accessibility. They will consult with the County to save money on materials. He said that weather permitting they are working at the Lake every day.

Josh said that we are waiting on the sale of the lake lots.

Lindsey said that the City needs to set direction to go out for proposals on how we want the lots sold. We need expert opinion on brokers. She would like to see plans in place. She said that we need a resolution that states how the Lake funds are spent also.

Josh said that Doug needs to get with the Lake Advisory Committee to develop priorities.

Nancy VanEtten said that she is the Chairperson for the Lake Advisory Board. She thanked Doug and his crew for their work on the improvements. She said that the fishing dock and boat ramp needs fixed. She was sent the improvement plans from Doug and she is excited about that. She said that in April the Committee met and provided two deed restrictions that were recommended to the City. Also recommended was that four of the nine lots be sold and that 100% of the funds from the sale are placed into a Lake Fort Scott Improvement fund. She also asked for the City to sign the revised Interlocal Agreement for the Lake Fort Scott Sewer District #1 between the City and the Bourbon County Commissioners. This agreement is needed to allow two current property owners and soon nine more properties to be connected to the sewer district. She has been assured by Justin Meeks and Susan Bancroft that the agreement is in the final review by Bob Farmer. She also asked that the City Commission appoint a new County representative to their board. There are two interested people. She lastly thanked the City maintenance crew for their excellent work on 195^th Street.

Jeremy thanked Jerry Morgan and Bill Lemke and their crew for their hard work.

Susan asked when they would like to take proposals for realtor/brokers.

The Commission determined a bid date of August 2^nd, 2021. A meeting would be held separate from the bid openings.

L. Watts made a motion to go out for proposals for brokers for the sale of the Lake Fort Scott property and submit their best way to sell this property. K. Allen seconded. All voted aye.

APPROVED TO GO OUT FOR PROPOSALS FOR BROKERS OR REALTORS FOR THE SALE OF THE LAKE FORT SCOTT PROPERTY AND SUBMIT THEIR BEST WAY TO SELL THIS PROPERTY.

J. Jones made a motion to go out for proposals for the First Source building also for a broker or realtor. L. Watts seconded. All voted aye.

approved to go out for proposals for the First Source building, also for a broker or realtor.

2. Approval of Ordinance No. 3586 pertaining to operation of golf carts – City Manager explained the ordinance to the Commission to allow golf carts on public streets with additional changes regarding lighting and operation after sunset.

K. Allen moved to approve Ordinance No. 3586. L. Watts seconded. All voted aye.

APPROVED ORDINANCE NO. 3586 AMENDING SECTION 10.04.080 – OPERATION OF GOLF CARTS OF CHAPTER 10.04 (STANDARD TRAFFIC ORDINANCE) OF THE FORT SCOTT MUNICIPAL CODE.

Appearances: Rob Harrington – Bourbon County R.E.D.I. – Rob said that he wanted to discuss with businesses in the County how we can help them. He had some requested changes: 1) Niece Products – Nice road in front of it. Liberty Bell ditches need cleaned out. Water backs up into their parking lot. 2) Internet does not go to the Industrial Park and he means CrawKan. He said that Niece has been doing a lot of work in Africa and does a lot of internet conferencing. 3) Peerless – Need to look at road between the Travel Lodge and Peerless and this road needs fixed. 4) Need runway extended at our Airport. They have a jet they have to land in Nevada because our runway isn’t long enough. 5) Infrastructure – new roads, sewer and water for their facility.

New Business:

1. Approval and adoption of U.S.D.A. Loan Resolution and River Intake/Dam Repair Project – Susan Bancroft, Director of Finance, explained why the resolution was needed. U.S.D.A. has a long process with temporary notes and this starts the process to turn this into General Obligation bonds. This starts that process.

R. Nichols moved to approve Resolution No. 19-2021. L. Watts seconded. All voted aye.

APPROVED RESOLUTION NO. 19-2021 FOR THE CITY COMMISSION OF THE CITY OF FORT SCOTT AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDING ITS DRINKING WATER FACILITY TO SERVE AN AREA LAWFULLY WITHIN ITS JURISDICTION TO SERVE.

2. Approval of Eagle Block deed from the Land Bank to the City of Fort Scott – City Attorney said that it is cleaner if the City owns the property other than the Land Bank.

L. Watts moved to approve to deed the property from the Land Bank to the City of Fort Scott. R. Nichols seconded. All voted aye.

APPROVED TO DEED THE PROPERTY FROM THE LAND BANK TO THE CITY OF FORT SCOTT FOR THE PROPERTY AT 10 N. NATIONAL – EAGLE BLOCK BUILDING.

3. Approval of Eagle Block and CDL Building demolition – Peter Earles said that on Friday night he looked at the building to identify damage. The side walls and the roof had collapsed. The joists were dry rotted. They had been wet for a long time and the wood deteriorated. The roof cannot leak without damage being done. The side walls and front are damaged. The plates were put in years ago with a rod, but they are damaged due to the failure of the roof.

Rob Harrington said that he has talked to S.H.P.O. and the State about funding and the application process. A F.E.M.A. declaration can help with lost wages, insurance, carriers, and A.R.P.A. funding. The State will need a more defined report from the engineer.

City Engineer said he could have a report within 30 days. The basement walls are brick on brick and rock on rock making it unstable. The mortar is gone. Peter Earles said that his opinion is that the wall is not stable.

Carl Brinks, contractor, said that the Hammons building party wall is three layers of brick with windows and making the wall very unstable. The Sharky’s building is in good shape and can be saved. The Hammons building is not in as good as shape in the basement. The CDL building basement is in bad shape with missing mortar. It costs more than 50% of the value of the building and it isn’t worth repairing. The top of the building is tipping in making it difficult to shore up and stabilize.

Matthew Wells said that front wall bowed when they looked at it six years ago.

Frank Halsey had said he thought they could stabilize and save the façade. They would need to spend money to try and figure it out. They would have to build supports on the outside and demo and then support on the outside.

Randy asked the City Manager if we are ready to go out for demolition bid. City Manager said he would have the engineering firm create the bid document.

Pete said that we need to decide if we are going to save the façade on the two end buildings and need to make a decision.

Josh said that he hates to lose any more buildings.

The Commission all agreed that they would like to see Sharky’s closed for the least amount of time as possible.

Rob Harrington said that he talked with the State today. He wanted to correct some numbers he gave earlier. If the façade stays, and it was an income producing property, you can stack the federal and state credits up to 45% tax credits. The Eagle Block building does not qualify for an Urgent Need grant because the roof was already collapsed. He asked the engineer about the Hammons building as the grant has to be written to show that we are saving those other two buildings. We may not get any historical tax credits on this at all, unless it is stated that the façade cannot be saved. The Urgent Need grant would be a CDBG grant to shore up the walls. The County filed a declaration of disaster. It is with the State now and will move to the President. If it is signed, a F.E.M.A. grant can be applied for. He said that he discussed the employees and the loss of wages for them, but the only thing available would be the S.B.A. loan. The State needs a detailed engineering report before proceeding.

Susan said that there has to be cost estimates for the walls and those costs will be difficult to obtain right now.

L. Watts moved to approve to demolish the Eagle Block Building and CDL Building. K. Allen seconded. All voted aye.

APPROVED TO DEMOLISH THE EAGLE BLOCK AND CDL BUILDINGS.

R. Nichols asked about moving forward with bids.

City Manager said that the engineering firm would handle the bids.

Josh said that we need to make this as fast as possible.

Carl Brite said that he is with American Wrecking Services. Their insurance covers up to 12 stories. He explained to the Commission about their demolition process.

Peter Earles said that he can prepare a contract with them and have it ready by tomorrow. This would discuss how to fill the area. He will use his proposal to create a contract.

Discussion was held about a performance and payment bond also.

Josh said that we could hold a special meeting tomorrow to approve the contract.

Reports and Comments:

Commissioner Reports and Comments:

L. Watts – Remarked she wanted to make sure that the resolution for use of funds at Lake Fort Scott will be at the next meeting.

R. Nichols – Remarked that he thinks we made the right decision about the building. He said we possibly could have delayed about the CDL building to get a second opinion. He feels like we made the right decision. We need to insure that people are safe.

Reminded the public that COVID is not dead and to get immunized. He is concerned about the restart of school and businesses.

P. Allen – Pete said that he is concerned about the social media comments about who is responsible for the building conditions. He found the International Maintenance Property Code that the City adopted in 2017.

City Attorney said it is in our best interest not to discuss liability issues in an open meeting. Under the Property Maintenance Code, the City must administer the code. He said he is reluctant for us to discuss who is responsible for this, because we don’t know.

Pete said that this code is for the protection of the citizens. He wants to make sure that City staff knows what it says since we have adopted it. He asked the City Manager to immediately implement the rules and requirements of this code.

K. Allen – Welcomed new Public Works Director to the City of Fort Scott.

Thanked the adjoining businesses for putting up with the City. It’s been a week.

J. Jones – Josh asked that Jeremy and Bob Farmer create a Building Review Board. This board would consist of an engineer, contractor, plumber, electrician and one member at large.

City Attorney Report and Comments: Bob said that he is proud of how the Commission handled the problem downtown with the collapsed building. He is proud of staff also.

Executive Session:

J. Jones 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 8:35 p.m. L. Watts seconded. P. Allen, R. Nichols, L. Watts, and J. Jones voted aye. K. Allen did not vote. This included the City Commission, City Manager, City Attorney, and Forest Rhoades.

J. Jones moved that the City Commission come out of Executive Session at 8:35 p.m. L. Watts seconded. P. Allen, R. Nichols, L. Watts, and J. Jones voted aye. K. Allen did not vote. Motion carried.

Executive Session:

J. Jones 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 8:51 p.m. L. Watts seconded. P. Allen, R. Nichols, L. Watts, and J. Jones voted aye. K. Allen did not vote. This included the City Commission, City Manager, City Attorney, and Forest Rhoades.

J. Jones moved that the City Commission come out of Executive Session at 8:51 p.m. L. Watts seconded. All voted aye. Motion carried.

Adjournment:

J. Jones moved to adjourn the meeting at 8:52 p.m. R. Nichols seconded. All voted aye.

ADJOURNED MEETING AT 8:52 P.M.

Respectfully submitted,

Diane K. Clay, M.M.C.

City Clerk