CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of July 19^th, 2021 Special Meeting #16

A special meeting of the Fort Scott City Commission was held July 19^th, 2021 at 5:30 p.m. in the City Commission Meeting Room, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners Kevin Allen, Pete Allen, and Randy Nichols were present with Mayor Josh Jones presiding. Lindsey Watts arrived at 5:34 p.m.

AUDIENCE IN ATTENDANCE: Dave Bruner, Bill Lemke, Lynette Westhoff, Travis Shelton, Tim Harper, Merl Humphrey, David B. Lipe, Patrick Wood, Trent Freeman, Kate Emmett-Sweetser, David Saker, John Bowman, Alex Bowman, Judy Warren, Michael Hoyt, Bobbi Kemna, Carl Brates, Allyson Turvey, Jimmy Kemmerer, Rob Harrington, Susan Bancroft, and representing the press, Tammy Helm, Fort Scott Tribune.

CONSIDERATION:

1. Consideration of Resolution No. 16-2021 regarding the Governing Body’s intent to levy a property tax exceeding the revenue neutral rate – Susan Bancroft, Director of Finance, informed the Commission that this will allow the Governing Body to exceed the revenue neutral rate. The revenue neutral rate is currently 46.963 mills. What the City has looked at for the 2022 budget is a proposed mill levy of 47.701 mills. This will keep the mill levy flat. This gives the Commission more time to evaluate the budget and extends the time to send the budget to the County Clerk. If assessed, valuations go up at the end of October, you can capture those dollars at that time. This gives us the opportunity to hold a special hearing on September 7^th, 2021 at 6:15 p.m. The budget has to be in to the County Clerk by October 1^st in leu of August 25^th. This just gives us more time to evaluate items for the budget.

R. Nichols moved to approve Resolution No. 16-2021 regarding the Governing Body’s intent to levy a property tax exceeding the revenue neutral rate. K. Allen seconded. All voted aye.

APPROVED RESOLUTION NO. 16-2021 OF THE CITY OF FORT SCOTT, KANSAS REGARDING THE GOVERNING BODY’S INTENT TO LEVY A PROPERTY TAX EXCEEDING THE REVENUE NEUTRAL RATE AND HOLD A PUBLIC HEARING ON SEPTEMBER 7^TH, 2021 AT 6:15 P.M.

2. Consideration of Resolution No. 17-2021 – Emergency Resolution for Alleged Unsafe and Dangerous Structure location at 14 N. National Avenue – City Attorney said that we are faced with a public emergency that happened and we need to resolve it safely. The Eagle Block Building at 10 N. National actually belonged to the Land Bank. He has a deed prepared to sign it back to the City and then the City can proceed with the building. The CDL building, who is just the tenant, is located at 14 N. National Avenue. This sets a public hearing tomorrow at your regularly scheduled meeting and tells the public to show up and hear what will be said about the building. The building has been reviewed and the engineers have said it is unsafe. This sets the public hearing for July 20^th, 2021 at 6:15 p.m. No decisions can be made tonight.

K. Allen moved to approve Resolution No. 17-2021 to set an emergency public hearing on July 20^th, 2021 at 6:15 p.m. for the building at 14 N. National Avenue. P. Allen seconded. All voted aye.

APPROVED RESOLUTION NO. 17-2021 – RESOLUTION FOR ALLEGED UNSAFE AND DANGEROUS STRUCTURE LOCATED AT 14 N. NATIONAL AVENUE (CDL BUILDING) – PUBLIC HEARING DATE 7/20/2021 – 6:15 P.M.

3. Discussion of Eagle Block Building – City Manager said that the damage took a turn for the worse in a very short period of time. The engineer has came in and reviewed the building. The engineer has deemed it is unsafe and cannot be saved. There is one bid that was received. He said he had a company reach out to him and could get him a bid by next Wednesday.

Josh said that there was a representative here from American Wrecking Service regarding their bid. His name is Carl Brates. The base bid for the Eagle Block building is $148,500 to include the CDL building also. They can start right away with a week of good weather and it should be completed.

City Manager said after reviewing the building that CDL occupied, he asked for an additional quote.

Kevin asked about liability insurance and to make sure the City is protected. Discussion was held about the demolition materials and where they would be taken to. He doesn’t want to see it used for fill material.

Discussion was held regarding the American Wrecking bid proposal.

Pete said that he would like to see a contract drawn up by our City Engineer. He would also like to see additional bidders.

Mr. Brates said as soon as he has a contract, he will get the City his insurance.

Lindsey said that we need to move forward as quickly as possible on this project.

City Manager said that he has the engineering report he just received from Earles Engineering. He will share that with American Wrecking Company.

Patrick Wood asked if the contractor will do anything to finish off the walls. He asked if the engineers looked at the brick source as there are different types. He said that this should be bid out also.

Trent Freeman said that he owns the Hammons building. He just had the roof repaired and people coming in to work this week on the building. He is concerned with what happened on the CDL building and what could happen to his building. He would like to see a timeline of this project.

Josh said they want to work as quickly as possibly and get the demolition started and work with the engineer.

Kevin said that he missed one of the meetings and he would like to see the wall that is remaining shoved into the basement.

Rob Harrington said that he had an update on the CDBG Grant. Rob said that he talked on the phone with officials today from several State offices. The Eagle Block building has been approved for tax credits. They are 20% tax credits but it is only available if the façade is kept. They are selling at 95% of the cost on the market. The State would also need a copy of the engineering report. He said when the roof collapsed originally the Urgent Need grant should have been filed. They will use the two buildings close by for the Urgent Need Grant as it could cause catastrophic damage to these buildings. The Heritage Trust Fund could also help with the buildings. He said that there were two applications submitted for Urgent Need by the City. One was submitted by Rachel Pruitt and he submitted one. The State has asked that only one be submitted. He will need the engineering report and final numbers for the building to submit to the State. He discussed possible tax credits but again that is only if you keep the façade.

Susan discussed the past downtown fire and lessons the City learned.

The Commission wants Rob Harrington to apply for the Urgent Need Grant on behalf of the City.

City Manager said that the City didn’t apply two times. There were calls made to the State by himself and Rachel.

Rob said that as for monies to reimburse any lost revenue the State has no programs to cover that loss. They mentioned the Revolving Loan fund. Susan said that fund is depleted. That was all the State could suggest.

Josh said that David Toland, Assistant Attorney General, was here on Sunday and met with them.

Dave Lipe said that Sharky’s is his main income and he has 27 employees who live paycheck to paycheck.. He can’t wait a long time. He said that the Commission has to be proactive.

The Commission thanked Mr. Lipe for working with the City.

ADJOURNMENT:

K. Allen moved to adjourn the special meeting at 6:14 p.m. R. Nichols seconded. All voted aye.

ADJOURNED MEETING AT 6:14 P.M.

Respectfully submitted,

Diane K. Clay, M.M.C.

City Clerk

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of July 16^th, 2021 Special Meeting #15

A special meeting of the Fort Scott City Commission was held July 16^th, 2021 at 7:20 p.m. in the City Commission Meeting Room, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners Pete Allen and Lindsey Watts were present with Mayor Josh Jones presiding. Kevin Allen was present on teleconference. Randy Nichols was absent.

AUDIENCE IN ATTENDANCE: Travis Shelton, Rob Harrington, Susan Bancroft Janice Allen, Michael Hoyt and Trisha Prudon with Kansas Department of Commerce was on teleconference.

CONSIDERATION:

1. Consideration of Eagle Block Building – Mayor Jones said that Rob Harrington with Bourbon County R.E.D.I. has some possible funding that could be available to assist with the demolition of this Eagle Block structure.

Josh said that the engineer and the City Manager are at the building looking at it currently.

Rob Harrington said that he knew that there was C.D.B.G. emergency funding available. He explained the process and the safety concerns to help with the shoring up of the building and assist with the process. He said that the first step is for the County to declare a Countywide Emergency Disaster which just happened earlier. The next step is the application process for CDBG emergency funding. He will complete the application himself. The third step is to admit to the State and the fourth step is for reimbursement. These funds can be used to reimburse the City for any shoring up of the building. The funding would be GAP financing. The County is working for FEMA declaration from the storm damage last night.

Susan Bancroft said that we need to show pictures of damage and the time our City workers spent on damage and callout to repair and clean up damage.

There could be possible funding options through Kansas State Historical Preservation Office also.

Pete said that the engineer is looking at the building to see if we can preserve it at all. The façade preservation could qualify for SHPO funding.

Rob said that the process has been started.

Josh thanked Rob Harrington for his assistance and Trisha with the State of Kansas.

ADJOURNMENT:

J. Jones moved to adjourn the special meeting at 7:34 p.m. L. Watts seconded. All voted aye.

ADJOURNED MEETING AT 7:34 P.M.

Respectfully submitted,

Diane K. Clay, M.M.C.

City Clerk

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of July 16^th, 2021 Special Meeting #16

A special meeting of the Fort Scott City Commission was held July 16^th, 2021 at 8:30 p.m. in the City Commission Meeting Room, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

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

AUDIENCE IN ATTENDANCE: Dave Bruner, Pete Earles, Allyson Turvey, and Mike Cheney.

CONSIDERATION:

1. Consideration of Eagle Block Building – Mayor Jones said that Peter Earles of Earles Engineering is here to discuss the results of his assessment of the Eagle Block building.

Mr. Earles gave his assessment of the damage of the shared walls between the Eagle Block and the CDL building. He said until this is stabilized it is not safe to have Sharky’s open due to the issue that the building could collapse further. There are joist bearing walls between the two buildings. He called Industrial Salvage Wrecking. One of his employees, Carl, will be here at 10;00 a.m. tomorrow morning. It would be very difficult to save the façade of the building.

ADJOURNMENT:

J. Jones moved to adjourn the special meeting at 8:47 p.m. L. Watts seconded. All voted aye.

ADJOURNED MEETING AT 8:47 P.M.

Respectfully submitted,

Diane K. Clay, M.M.C.

City Clerk

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of July 16^th, 2021 Special Meeting #14

A special meeting of the Fort Scott City Commission was held July 16^th, 2021 at 11:15 a.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. Kevin Allen arrived at 11:23 a.m.

AUDIENCE IN ATTENDANCE: Travis Shelton, Jim Harris, Allyson Turvey, John George, and Michael Hoyt.

CONSIDERATION:

1. Consideration of Eagle Block Building – Ally Turvey, Community Development Director, informed the Commission that this morning they had a visit from the owner of the CDL building which is north of the Eagle Block building located at 14 N. National. There was a partial collapse of the Eagle Block building. The top portion of the northeastern section of the building collapsed into the CDL building and left a substantial hole in the CDL building and did cause some flooding in this building also. John George with AG Engineering is present also and has looked at the property.

John George said that the news is not good. He said that part of the Eagle Block building fell in. He showed photos on his phone of the collapse of the building.

Pete asked if that was a community wall. John George said yes it was.

Mr. George said that the building could have been saved if brick work could have been done. The CDL building is not in good shape either. The Fire Department has commenced barricading the alley and the street in front of the building. Dave Bruner, Fire Chief, proposed that CDL needs to get some heavy equipment in and get some of their property out. At that point, the electric needs disconnected except for the sump pump in the basement. If the building is abandoned, the sump pump may not be needed.

Josh asked about the buildings on the rest of the block.

Mr. George said that Sharky’s seems to be stable, but when you have these joists that are inset into the wall, there could be some damage. He said that men with equipment needs to remove the floors and sever the joists on the north wall so no loads are imposed on that wall. The CDL building is partially three stories and the Eagle Block building used to be three stories.

Discussion was held regarding who owns the CDL building. It was announced that they just lease the building.

Josh asked Mr. George if he had a suggestion. He asked if the front of the buildings could be saved.

Mr. George said that the City has a process to declare a building unsafe and dangerous. He said that the Eagle Block building needs to be torn down safely.

Ally said that the process has been started to remove CDL items from the building.

Discussion was held about Sharky’s. Kevin asked if we needed to vacate Sharky’s.

Mr. George said that we need to get these buildings stabilized.

Discussion was held about the upper walls and if they were in danger of falling. Mr. George stated that someone had put in new joists in the CDL building at some time.

Kevin said that we need to act on this and get the CDL building stabilized. He asked about insurance and if we were responsible for this.

Josh said that he was concerned about the wall that was still standing.

City Attorney said that he was concerned also. He asked the engineer how far out into the road the building would fall. Mr. George said that it would block the street. City Attorney said that we are only blocking off a third of the street and sidewalk. His concern is the building is failing and we don’t know how bad the failure is. If it comes out, people on that street could be hurt. He also notices that Sharky’s is fully open and operating. He said if that wall would go more towards their direction, it could be very bad.

Josh said that they aren’t experts.

Pete said that we need to block the whole street. It’s better to be safe than sorry.

Kevin said that we need to vacate Sharky’s and all the buildings for safety reasons. Discussion was held about NuGrille also and if it needed to be vacated.

Discussion was held to shut down National Avenue and the alley and to shut down Sharky’s.

The Commission will meet again at 6:00 p.m. or 7:00 p.m. this evening to discuss this.

Jeremy Frazier, City Manager, said that we will have a better picture this evening.

ADJOURNMENT:

J. Jones moved to adjourn the special meeting at 11:40 a.m. L. Watts seconded. All voted aye.

ADJOURNED MEETING AT 11:40 A.M.

Respectfully submitted,

Diane K. Clay, M.M.C.

City Clerk

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

123 SOUTH MAIN STREET
SEPTEMBER 7, 2021
6:00 P.M.

1. Roll Call:

K. Allen P. Allen R. Nichols L. Watts J. Jones

II. Flag Salute:

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

4. Approval of Agenda:

5. Proclamations/Recognitions:

6. Consent Agenda:

1. Approval of minutes:

Regular meeting of July 20^th, 2021

Special meeting minutes of July 16^th, 2021 at 11:15 a.m.

Special meeting minutes of July 16^th, 2021 at 7:20 p.m.

Special meeting minutes of July 16^th, 2021 at 8:30 p.m.

Special meeting minutes of July 19^th, 2021 at 5:30 p.m.

Special meeting minutes of July 21^st, 2021 at 5:30 p.m.

Special meeting minutes of July 22^nd, 2021 at 12:00 p.m.

Special meeting minutes of July 23^rd, 2021 at 8:00 p.m.

Regular meeting of August 3^rd, 2021 at 6:00 p.m.

Special meeting minutes of August 5^th, 2021 at 6:00 p.m.

Special meeting minutes of August 10^th, 2021 at 6:00 p.m.

Regular meeting of August 17^th, 2021

2. Approval of Appropriation Ordinance 1295-A totaling $2,361,232.55.

3. Certificate of Appropriateness – Signage – Barbed Wire & Roses Vintage Market – Recommend approval by Design Review Board

4. Certificate of Appropriateness – Alterations – 20 S. Scott – Replacement of in-kind and alterations to current structure – Recommend approval by Design Review Board

5. Request to Pay #1 – Owenby Masonry & Associates – Eagle Block and CDL Building – 14,625.00

3. Engineering Firm Update:

3. Public Comment:

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

3. Public Hearings:

6:00 p.m. Neutral Rate and Proposed Tax Rate Public Hearing

6:10 p.m. 2022 Budget Public Hearing

6:15 p.m. Resolution 22-2021 Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure located at 114 S. Barbee Street

6:15 p.m. Resolution 23-2021 Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure located at 619 S. Ransom Street

6:15 p.m. Resolution 24-2021 Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure located at 323 S. Hill Street

6:15 p.m. Resolution 25-2021 Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure located at 14 S. Margrave Street

6:15 p.m. Resolution 26-2021 Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure located at 510 S. Heylman Street

6:15 p.m. Resolution 27-2021 Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure and Accessory Structure located at 611 S. Ransom Street

6:15 p.m. Resolution 28-2021 Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure and Accessory Structure located at 316 S. Main Street

6:15 p.m. Resolution 29-2021 Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure and Accessory Structure located at 1517 S. Main Street

6:15 p.m. Application for CDBG Funds – Sanitary Sewer System Improvements for the purpose of considering an application for CDBG funds on behalf of the City.

6:30 p.m. Performance Public Hearing Notice for CDBG CV Funds for the purpose of evaluating the performance of Grant No. 20-CV-022 which was for Economic Development and Micro Grants.

3. Old Business:

3. 1. Resolution No. 21-2021 – Resolution establishing a restricted fund account for proceeds from real estate property sales at Lake Fort Scott from the sale of four (4) lots

3. Appearances:

Rob Harrington, Bourbon County R.E.D.I.

Tom Robertson & Tom Havron – Ty Cullor Field Discussion

C.H. Felt – Closure of street behind V.F.W. Post #1165 for September 11^th, 2021 event

Alison Leach – Monarch Habitat for Gunn Park

3. Finance Director Update:

3. 1. Change of billing for Lake Fort Scott residents from the 15^th of each month to the 22^nd of each month effective December 2021 billing

   2. K.D.O.T. Cost Share Application Submittal

3. Interim City Manager Update:

3. New Business:

3. 1. Certificate of Appropriateness – Alterations to Windows – 6 N. Main – Design Review Board did NOT recommend approval of this submission

   2. Consideration to repeal Ordinance 2563 – Section 12.12.070 – Pavement

Excavation-Procedure, Section 12-12-080 – Unimproved Street – Procedure – Exception, and Section 12.12.110 – Replacement of Materials – Exception

3. 3. Consideration to pay – J R Radell – 3^rd Street Ballpark Project

   4. Consideration to pay – Skitch’s Hauling – 3^rd Street Ballpark Project

   5. Consideration to bid – Sewer CIPP

   6. Consideration to Bid – River Intake Project – Phase II

   7. Consideration of bid – Cooper Street

   8. Consideration of bid – Horton Street

   9. Consideration of Earles Engineering Proposal – 17^th Street & Eddy Drainage Improvements – $28,800

   10. Consideration to purchase police cars from Kansas Highway Patrol

   11. Consideration of allocation to Bourbon County C.A.S.A. of the 6^th Judicial District

   12. Discussion of removal of military bridge

   13. Approval of $20.00 towards City employee health insurance starting October 1^st, 2021

   14. Consideration of appointment of David Stewart to the Lake Advisory Board

   15. Discussion of minimum bid requirements – one single family dwelling per lot

   16. Discussion of four Lake Fort Scott properties for sale

   17. Discussion of First Source Building for sale

   18. City Manager Search Update

XIII. Reports and Comments:

a) Commissioners Reports and Comments:

b) City Attorney Reports and Comments:

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

XV. Adjournment:

The Fort Scott Golf Course Advisory Board has a vacancy.

There is one opening for a city resident.

The function of the Golf Course Advisory Board is to advise the City Commission in all matters referred to them regarding the Woodland Hills Golf Course. They will also independently evaluate all aspects of the operation of the Golf Course and make recommendations to the City Commission and City Manager. They meet on an “as needed” basis.

If you have a desire to serve on this Board and meet the above requirements, please submit a letter of interest to the City Clerk, Diane Clay, 123 S. Main, Fort Scott, Kansas 66701. She will then submit your letter of interest for consideration by the City Commission. All of the boards and commissions serve on a volunteer basis and are not compensated. If you would like more information on any of these boards, please contact Diane Clay, City Clerk at 620-223-0550 or [email protected]. Please submit your letter of interest by September 17^th, 2021 at 5:00 p.m.

The Design Review Board will meet on Wednesday, September 1^st, 2021 at 4:00 p.m. in the City Hall Commission Meeting room at 123 S. Main Street, Fort Scott, Kansas. This meeting will be held to consider two items.

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