Action Items

Consideration of Small Business Grant Incentive Program

Mary Wyatt shared the first draft of the plan with the commission. These grants would be available to new and existing small businesses in Fort Scott. The commission would approve all grants, and funding would come from the city’s economic development fund. Grants will be in the amounts of $10,000 and $15,000.

Commissioner Dyllon Olson suggested including a cost-matching provision for new businesses.

The commission tabled the issue to allow time to adjust the grant requirements.

Phil Jackson spoke to the commission about the new hobby shop he is opening in two weeks. Hercules Hobby, 20 Scott Avenue, will offer autographed helmets, memorabilia, and cards of all types.

Consideration of Recommendation of Award for Fort Scott Runway Safety Area Grading & Lighting Project and Olsson Engineering Contract Approval

Brian Coomes, Olsson lead engineer, said the plan for the project is complete. It involves improving the runway and end identifier lights, and the turf around the runways.

The airport’s current lighting system is 30 years old, requires continual maintenance, and needs improvement.

Low bidder for the project is Strukle Electric Incorporated of Girard, KS. They do airport lighting work all over Kansas and Missouri.

The project will cost $1,410,000. Ninety-five percent of the funds will be covered by a federal grant, 5% by Fort Scott, which has money built up in the airport fund.

The commission approved the contract for the project to be done in 2026.

Consideration to increase Design Review Advisory Board from 5 to 7 members

Lisa Dillon told the commission that two more individuals wish to serve on the board, so the board is asking for an increase in the number of members allowed.

Mayor Timothy VanHoeke said they are trying to streamline all the processes. There is no requirement for the city to have a design review board. Historically, he has received complaints about the difficulties of working with the design advisory board.

Commissioner Matthew Wells said that if Fort Scott were to become a CLG (Certified Local Government) city, it would create a smoother operation.

VanHoeke asked them to watch the CLG work session from August 11, 2023 before getting too excited about becoming a CLG government.

The request was approved 3 two 2.

Consideration to Formally Adopt the Guidance Provided by the Kansas State Historic Preservation Office (SHPO) for the installation guidelines of murals in both the local and Federal Historic Districts of Fort Scott

Dillon spoke to the commission about including the local historic district in the mural guidelines, which currently only apply to the Federal historic district portion of the city.

There is no current permitting process in Fort Scott for murals.

Commissioners Tracy Dancer and Kathryn Salsbury want to get public feedback before making a decision.

City Manager Brad Matkin asked that the commissioners get opinions from a variety of citizens, not just those who live in the affected area.

VanHoeke suggested putting it on the City of Fort Scott Facebook page and including a map.

The issue was tabled.

Follow Up Discussion – Land Bank Restructuring

Matkin said it would be very beneficial for Lisa Dillon to manage the land bank, because she can work with codes and neighborhood development. This was a land bank action. No vote was needed.

Consideration of Vendor Application for City-Sponsored Events

Matkin submitted a sample application to the commission, saying the purpose is to ensure that food truck vendors have their tax ID numbers and insurance.

Dancer made a motion to require all out-of-town businesses coming to do business in Fort Scott to fill out the application. The commission passed the motion.

Wells then made the motion for all businesses within Fort Scott to register with the city. There will be no charge for this registry. This motion also passed.

 Adoption of Ordinance No. 3781 Amending Fireworks Sales Dates With Discussion to Further Amend Regarding Discharge of Fireworks Dates

Salsbury spoke to the commission about the policies of other cities and counties in the area, saying she wants to change the firing off dates to a shorter window within Fort Scott. She said this was to protect pets, people with PTSD, and others negatively affected by the loud noise.

VanHoeke doesn’t want to over-regulate. “I’d hate to see the window restricted,” in light of new businesses in the area that capitalize on fireworks, as well as allowing for the majority of citizens who want to celebrate with fireworks, he said.

The new sales dates for fireworks are expanded to June 20-July 7. Currently, fireworks are allowed to be fired from June 27 to July 5.

Salsbury’s motion to limit discharge dates to July 1-4, until 10 p.m. on July 1 and 2, and midnight on July 3 and 4 failed.

Wells moved to accept the ordinance with a change of dates for firing from June 27 to July 5, from 10a.m. to 10p.m. on the 27th to July 2, on the 3rd and 4th until 11:59p.m., and on the 5th from 10a.m. to 10p.m. to coincide with the city’s fireworks. The motion passed with a “no” from Salsbury.

Consideration for Final Acceptance of Corrective Action with Heck & Wicker – Horton St. & 6th St. Project

Wells, Jason Dickman, and the contractor walked the street and identified nine locations that need re-patched. If the fog seal issue continues to happen in other locations within the year, it’s under warranty and will be patched. Earl’s Engineering will oversee the current patching plan. These are the final corrective actions for the asphalt overlay.

The commission approved the steps, Wells voted no.

Reports and Comments

Dancer said, “I wanted to express my dismay” at getting the notice for the recent emergency meeting less than 3 hours ahead of time. He urged that the commission not hold emergency sessions without a true emergency, as they deprive citizens of the representation they deserve.

Wells, requested that CLG be put on the agenda for the next meeting, June 3.

VanHoeke, asked CLG meeting recording be sent out to the commission for review.

He also reminded citizens that if anyone plans on running for one of the open political offices coming up for election in November, June 2 is the cutoff date for registering with the county clerk.

Fort Scott City Commissioners considered a sales tax ballot question and approved two planning commission cases in their May 20 meeting.

Consideration of Sales Tax Ballot Question

City manager Brad Matkin went over the details of the proposed question. The current half-cent sales tax implemented in 2022 expires next year. It is currently split: 90% to streets and 10% to parks.

The new option to reconfigure the tax distribution would send 80% to streets, 10% to parks and 10% to public safety (police and fire).

The commission discussed an increase to 1 cent, which would pay for the new firetrucks as well as allow for a potential lowering of the mill levy by 2 points.

Commissioner Matthew Wells said the city has a nine year plan in place for projects addressing the majority of the street issues in the city. “So we have a great opportunity before us as citizens to be able to do something to effect a great change in the drivability of our streets.”

He praised the work that Matkin and his teams have done in the past, including the increase in the size of the street department and equipment they have.

Wells pointed out that people visiting Fort Scott will be paying the sales tax, thus helping to repair the streets, as well as pay for park improvements, and vehicles for the fire and police departments, reducing the property tax burden for property owners in the city.

Commissioner Dyllon Olson said he preferred that the ballot question be worded to maintain the half-cent tax with the option to increase another half-cent if the renewal passes. This would be for 10 years.

The commission voted to table the question until they get the information needed from the county clerk’s office to confirm that the question can be asked in that way. A special meeting will be called once the information is acquired to finalize the ballot question.

Status of 118 E. Wall

The owner has not updated the city with any new information.

Repairs would cost at least $265,000.

Mayor Timothy VanHoeke said that the owner should be approached once more, and mentioned grant opportunities that could offset part of the cost of repairs.

Wells said doing the repairs would save the whole frontage.

The motion was passed to table the item until the June 3 meeting, before which time the city will inform the owner and require a response.

Public Hearings

Planning Commission Case No. 1049 – Conditional Use Permit for a Wireless Communication Facility

Curtis Holland, representative for Verizon and property owners Aaron and Mercedes Judy who own the land under discussion, presented to the commission.

Referring to an application to build a 184-foot tower that the city denied last year, Holland said, “We’re trying with this application to sort of reach a compromise with everybody.”

The current application is to move the tower from the location proposed last year to the northwest corner of the Judy property. The property is in the county, but the City of Fort Scott claims extra-territorial zoning jurisdiction.

The new location is 286 feet from the adjoining Merriman property. The Merriman’s protested the original site as being too close to their house. The proposed 50-by-50-foot tower site is set 284 feet back from their property line, but requires a deviation from the set-back code for the north and west property lines.

“From the beginning of this, I’ve meant no ill will to anybody,” said Aaron Judy.  He said that the tower will help the whole community by providing needed cell coverage to the area.

He also said that getting the city’s approval has been a very long process. “I feel like the goal posts have just kept being moved on me.”

Trichelle Michael, Tim Judy, and Steve Anthony all spoke to the commission in favor of the tower, saying it would provide a needed service to the community.

Julie Brown spoke against it, stressing safety concerns, particularly regarding lighting strikes that may cause fires. Amanda Johnson spoke against it as well, saying it’s unsafe. “If this tower goes up, it forces us to move,” she said. She’s also concerned about property values dropping due to proximity to the tower.

Matt Whitt said that those speaking against the cell tower proposal live in the area, while those in favor were asked to come speak in favor but don’t live in the area. He also questioned whether Verizon has proved the existence of the coverage gap or that the proposed tower is the least intrusive option to cover any gap there may be.

Commissioner Tracy Dancer asked about moving the tower to the center of the Judy property, which would move it out of the city’s jurisdiction, as it would be within the set-back code.

Holland said that would not satisfy any of those who spoke up in opposition to the tower, would make the tower more visible, as it would be removed from any tree screening, and could impact the Judy’s ability to develop their property in the future.

Olson said the real question is: “is it the cell tower or the property lines?” And does the city of Ft. Scott need to be sued over a variance.

Holland said he has multiple studies showing no negative impact on the property values of properties adjacent to a cell tower. He also said the tower would have lightning arresters that are grounded to prevent fire danger.

Commissioner Katheryn Salsbury asked about creating a cleared zone around the tower that could stop a fire. Holland said he believed Verizon would be willing to do that.

Olson moved to approve planning commission case number 1049 for the conditional use permit by Verizon Wireless. Dancer seconded. Olson, Salisbury, and Dancer voted yes, Wells abstained, VanHoeke voted no.

Planning Commission Case No. 1050 – Rezone R1 to C3 – 922 E. Wall for the Purpose of a Mechanic Shop

Garrett Knight wants to purchase a lot from the land bank and build a mechanic shop. Addressing concerns about cars being parked on Wall Street, he said the entrance to the shop will be on Little Street and parking will stay on the building site. He also plans to put in a privacy fence. He also asked for a variance to allow the building to be closer to the street than current code.

“It’s not a super-big space, but it’s what’s available and I’m trying to expand,” he said. He also has plans to obtain an adjacent lot in the future.

Andrew Miles, a friend of Knight, said he’s a clean worker, very efficient, and a very nice guy. He will provide a much-needed service to the community.

Olson said he wants to support dreamers and moved to approve the rezoning. Motion carried with Dancer and VanHoeke voting against.