NOTICE OF AND AGENDA FOR REGULAR

MEETING OF FORT SCOTT CITY COMMISSION

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

March 4, 2025  –  6:00 P.M.

1.     Call to Order/Roll Call
2. Pledge of Allegiance

III.       Invocation

1. Approval of Agenda
2. Consent Agenda
3. Approval of Appropriation Ordinance 1379-A – Expense Approval Report – Payment Dates of February 12, 2025 – February 26, 2025 – $696,674.96
4. Approval of Minutes: February 12, 2025 /Special Meeting and February 24, 2025/Regular Meeting.

1. V Public Comment

VII.      Appearances

VIII.   Unfinished Business

1. Zachary Bradley – Vacation of Alley between 1418 Wall and 1416 Wall – N. Nation
2. Consideration of Grant Application Options – M. Wyatt
3. Credit Card Purchasing Charges Update – D. Tally
4. Status of 118 E. Wall – Kruger

1. New Business

            Action Items:

1.  Consideration of Letters of Interest for Board of Zoning Appeals Vacancy and                                Reappointment of Robert Nelson, Patrick Wood, and Brian Rhoades
2.   Consideration of Letters of Interest for Planning Commission Vacancy

1. Reports and Comments

1. Adjourn

CITY OF FORT SCOTT CITY COMMISSION MEETING

Minutes of February 24, 2025                                   Regular Meeting

A regular meeting of the Fort Scott City Commission was held at 6:00PM in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas. The meeting was streamed live on YouTube.

The meeting was called to order at 6:00PM (0:19). VAN HOECKE stated that this was the rescheduled meeting from February 18, 2025 (due to weather) Roll call was taken. Commissioners Dyllon Olson, Matthew Wells, Tracy Dancer and Kathryn Salsbury were present with Mayor Tim Van Hoecke.

In Attendance – Brad Matkin/City Manager, Bob Farmer/City Attorney, Jason Dickman/City Engineer-Earles Engineering & Inspections, Inc., Chief Jason Pickert/FSPD, Norm Nation/Lead Codes Enforcement, Mary Wyatt/Planning, Housing & Business Development Director, Lisa Dillon/Housing & Community Development Coordinator, Devin Tally/City Finance Manager, Lisa Lewis/City Clerk, Zachary Bradley, Shelly Bradley, and Michael Hoyt.

VAN HOECKE led the Pledge of Allegiance and said a prayer asking God for guidance for the City, the citizens, and our Government and City officials.

Approval of Agenda (2:02)

VAN HOECKE requested tabling Item E/New Business/Action Items (Consideration to Approve Members of the Board of Zoning Appeals) until the next meeting. The City Clerk was directed to advertise for the open position due to residency requirements in the Ordinance.

WELLS requested the addition of an Executive Session between Items C & D/New Business/Action Items.

MOTION:  OLSON moved to approve the Agenda as presented with the removal of Action Item E/New Business and the addition of an Executive Session after Item C/New Business.  VAN HOECKE seconded.

MOTION CARRIED 5-0.

Approval of Consent Agenda  (4:05)

193. Approval of Appropriation Ordinance 1378-A – Expense Approval Report – Payment Dates of January 30, 2025 – February 11, 2025 – $435,193.60
194. Approval of Minutes: February 4, 2025
195. Request to Pay – Earles Engineering & Inspection, Inc. – Invoice 17807 – Project No. 24-414 Horton St. & 6^th Improvements – Payroll – $23,262.07
196. Request to Pay – Earles Engineering & Inspection, Inc. – Invoice 17733 – KDOT Project 06 KA-6898-01 Pay Estimate 9 – 23-15A US-54 CCLIP Phase I – Direct Salary, Overhead, and Fixed Fee – $23,736.49
197. Request to Pay – Heck & Wicker, Inc. – Payment No. 8 – Project No. 24-414 Horton St. & 6^th Improvements – $26,678.45
198. Request to Pay – Olsson – Invoice 524497 – AIP Project No. 3-20-0022-024/025-2025 – Grading and Runway Lighting – Design & Bidding Fee – Phase 1 – $33,480.00
199. January Financials

MOTION:  WELLS moved to approve the Consent Agenda as presented. DANCER seconded.

MOTION CARRIED 5-0

Public Comments (4:31) – None

Appearances (4:35) – None

Unfinished Business

Status of 118 E. Wall (4:44) – MATKIN gave an status update.  FARMER created a Release of Liability Waiver, and the owners of the building came back with a revised copy. FARMER is reviewing the revised copy. (3) local contractors are willing to look at the building but access has been hindered by the weather.

Discussion was had about requirements the Commission decided on to reopen the building; release of liability waiver, proof of insurance and Codes access to the building annually.

The insurance company contacted the City, but needs the red tag removed to consider insuring the building. No further contact has been had with the insurance company.

FARMER stated he did not see any significant changes in the building owner’s revised document, but it is important to get into the building with the insurance agent and that hasn’t happened.

SALSBURY commented on where she saw the disconnect between the building owner and the City.

MATKIN stated the last communication with the insurance company was February 5^th.

FARMER stated that you are not interested in quotes, you are interested in policy.

Further discussion was had on the Commission’s course of action.

ACTION:  MATKIN will continue working with Codes and get some answers to update at the next meeting.

VAN HOECKE requested that the Letters of Interest for the Board of Zoning Appeals be moved to the March 18^th meeting.  CITY CLERK stated that there is a Public Hearing for the BZA scheduled for March 14^th for a variance. Decision to remain on the agenda for March 4^th.

New Business

Public Hearing:

Zachary Bradley – Vacation of Alley between 1418 Wall and 1416 Wall

MOTION:  WELLS moved to open the Public Hearing (12:35). DANCER seconded.

MOTION CARRIED 5-0

BRADLEY wants to build a salon on the property, and it is zoned as mixed use. The alley has been a shared driveway, not a road. BRADLEY’S wife’s grandmother owns the property on the other side of the alley, requested to be vacated. The alley was plotted as Grant Street, but a house was built across Grant on the other side of the road. The alley may have been left for access to water and sewer lines but there are structures built in the alley that restrict access. BRADLEY wants to vacate the alley to get a few more feet on the narrow lot and the City wants to ensure continued access to the alley for utilities because there is a (2)-inch galvanized line and an (8)-inch clay sewer line running down the back alley. The current code requires an (8)-foot setback from the property line on Wall Street.

Discussion was had on options to satisfy the request.

MOTION:  OLSON moved to close the Public Hearing (24:14). SALSBURY seconded.

MOTION CARRIED 5-0.

ACTION:  MATKIN will work with Codes for the necessary verbiage for FARMER to create a document for MRS. BRADLEY’S grandmother to sign.  This item will come back to the Commission for consideration on March 4^th, 2025.

Action Items:

Credit Card Purchasing Charges (25:10) – TALLY distributed a chart titled Tyler Payments Fee Schedule illustrating the fees charged for the water (bills) credit card processing. Currently the City pays all credit card processing fees across all departments including water, golf course, aquatic center.  Buck Run does charge a processing fee already. In 2024, the City spent approximately $50,000.00 in processing fees and a majority of that comes out of the water fund. Bourbon County charges a 2.5% transaction fee to cover their credit card processing costs. TALLY requested that the Commission allow him to research options to alleviate the charges that the City currently incurs.

MOTION:  (27:00) WELLS moved to allow TALLY to research the legality of passing on the fees. SALSBURY seconded.

MOTION CARRIED 5-0.

Discussion of Projects for Grant Opportunities (27:34) – WYATT and DILLON presented upcoming opportunities for the Spring round of grant applications. Her request is that the Commissioners decide which project they would like her to focus on for application in 2025. The KDOT Cost Share Grant is time-sensitive with the deadline being mid-March. The award maximum is $1 million with the Cost Share portion being 15%. The award date last year was mid-June. The City previously applied for it last Spring and was awarded the full $1 million for the East National Project. The project options she suggested are: Phase II of the East National Project (East National and Margrave, south of Margrave up the hill as far as the award would allow); Broadway from Wall Street to Charles and from 6^th Street to Horton (redo road, water infrastructure and bike lanes); Main Street from Third Street to East National (redo road, water infrastructure and bike lanes); Second Street from National to the end of the City limits (redo road and water infrastructure); Marblecrest Drive from Horton to loop, then Marblecrest Terrace to Horton (redo road and water infrastructure); Crescent Drive (road and water infrastructure).

ACTION:  WYATT will email the options discussed to all Commissioners for their review.

Discussion was had on the options presented, other areas of need to be addressed in the future and the upcoming vote to renew the 1% sales tax. The Wall Street CCLIP project, and the current application of Phase III of that project were discussed.

WYATT stated bike lanes were included in the application last year for East National and the section of the road we were approved for was from the intersection of National and East National all the way to the railroad which is 6.7 miles but will make a huge difference in that area that has some flooding.  She stated we were considering doing a Phase II and a Phase III which would be from the railroad on East National to the National Cemetery and then from Margrave and East National south on Margrave because there’s flooding there also.

SALSBURY stated there is a need for a sidewalk on 23^rd Street and asked that she keep that on her radar. WYATT stated that they are looking at other grant opportunities to specifically address the sidewalks without having to do the roads immediately.

WELLS asked about the CDBG Grant for Memorial Hall.  WYATT stated that SEKRPC (Southeast Kansas Regional Planning Commission) applies for the CDBG grants on behalf of the City. They did apply for a grant for Memorial Hall last year, but we did not get awarded the project. SEKRPC is awaiting feedback to adjust the next application. She stated she was told that it not uncommon to be declined the first time on a project application.

WYATT stated there are several different categories for the CDBG Grant. She would like to know if they would like to try Memorial Hall again. The scope of the project is: replacing all windows, miscellaneous tuckpointing, and small roof area in need of repair; $800,000.00 is the maximum for that grant.

ACTION:  WYATT will email the Commissioners the other category options for the CDBG Grant.

DILLON briefly addressed the Commission about the need for childcare in the community and will include the possible grant options in a shared email with WYATT.

ACTION:  WYATT stated that she has received all the feedback for the business license survey that was distributed to local businesses. She will distribute those results by email as well.

Christmas Tree Approval (38:39) – MATKIN stated that $25,000.00 was put in the budget to purchase a new City Christmas Tree. The current tree is (25) feet and well over (20) years old. It is in very bad shape. The quote he is recommending to the Commission is for a (26) foot traditional fir tree with a (4) foot star from Creative Displays in Lenexa, KS for the amount of $21,643.89. This choice is closer and made in America.

SALSBURY asked if the City might consider planting a real tree. A brief discussion was had regarding the sustainability of a real tree as an option.

MOTION:  OLSON moved to approve the bid from Creative Displays for the purchase of a new Christmas tree.  DANCER seconded.

MOTION CARRIED 5-0.

MOTION:  WELLS moved that the City Commission recess into an Executive Session for the purpose of discussion pursuant to the attorney-client privilege exception in K.S.A. 75-4319(b)(2). The session will be held in the City Manager’s office with the (5) City Commissioners, City Manager and City Attorney. The open meeting will resume in the Commission Room at 6:58PM.  OLSON seconded.

MOTION CARRIED 5-0.

MOTION:  VAN HOECKE moved to come out of Executive Session.  SALSBURY seconded.

MOTION CARRIED 5-0.

Consideration to Amend Verizon Tolling Agreement (58:23) – FARMER explained that the original Tolling Agreement they entered into with Verizon will expire in March. This amended agreement allows Verizon more time (until June 5, 2025) to work through the process to move the tower to another location. He stated they offered to do the Tolling Agreement instead of their option to go to federal court.

MOTION:  OLSON moved to approve the Tolling Agreement with Verizon. SALSBURY seconded.

MOTION CARRIED 5-0.   

Reports and Comments      

CITY ENGINEER (1:01:49)

– Horton Street Project Update – verifying schedule with Heck & Wicker to begin grinding. Hope to be completed by the end of March.

– Phase III CCLIP application – Exhibit due March 28, 2025. First submittal was not approved. March 26^th will be the field inspection for Phase I.

ACTION:  DICKMAN will send the project file link to the MATKIN.

CITY MANAGER (1:04:49)

– Proud of the citizens, staff and the City crews who were all one department for handling the storm.

– The storm brought up the issue of a depleted fleet of trucks that need to be addressed. Looking into a lease program for trucks instead of the excavator scheduled in the CIP  for $300,000.00.  He is working with BakerTilly. He will come back to the Commission when they have a plan.

CITY ATTORNEY (1:12:34) – No comments.

COMMISSIONER WELLS (1:12:40)

– Land Bank meeting – Attorney to present on Land Bank issues at the March 17, 5:00PM Land Bank meeting, working on the Land Bank Ordinance to include a County Commissioner again. He was thankful for the crews and the citizens during the storm; something to be proud of.

– Addressed misunderstandings and miscommunications he is being made aware of through social media. He encourages citizens to reach out to Commissioners (emails are on the City website). If you have questions, the Commissioners are happy to engage with the citizens as opposed to posting hypotheticals on the social media platforms. Commissioners and City Manager will get you the answers you are looking for.

– WELLS and OLSON are planning a Town Hall soon. Details to be announced.

COMMISSIONER OLSON (1:17:18)

– Agrees with WELLS. Whether on the winning side or losing side of a vote, he respects it. Dialogue and difference of opinion with other Commissioners is part of the process and that’s how government should work. He appreciates every one of the Commissioners.

COMMISSIONER DANCER (1:18:40)

– Picking up where OLSON left off, last week after a vote he was not on winning side but it is the process and will endeavor to satisfy the obligations that we’ve committed ourselves to because it is the will of the people.

– Thanks to the City Manager, City crews and Emergency Crews for storm management.

COMMISSIONER SALSBURY (1:20:16)

– Heartfelt thank you to everyone in the community for their incredible support after her mother’s home burned last week. The kind words and support has been overwhelming and a couple of people went above and beyond which left me astounded.

COMMISSIONER DANCER (1:21:30)

– Echoed the comments of everyone else regarding the storm management efforts.

– Thankful for the great people of Fort Scott.

Executive Session

MOTION:  VAN HOECKE moved that the City Commission recess into an Executive Session for the purpose of discussing the financial affairs or trade secrets of corporations, partnerships, trusts, and individual proprietorships exception in K.S.A. 75-4319(b)(4). The session will be held in the City Manager’s office with the (5) City Commissioners, City Manager and City Attorney. The open meeting will resume in the Commission Room at 7:38PM. OLSON seconded.

MOTION CARRIED 5-0.

MOTION:  VAN HOECKE moved to come out of Executive Session. DANCER seconded.

MOTION CARRIED 5-0.

Adjourn

MOTION:  DANCER moved to adjourn the meeting at 7:38PM (1:38:27). OLSON seconded.

FEBRUARY 24, 2025, MEETING ADJOURNED AT 7:38PM.

Submitted by Lisa A. Lewis, City Clerk

CITY OF FORT SCOTT CITY COMMISSION MEETING

Minutes of February 12, 2025                                       Special Meeting

A special meeting of the Fort Scott City Commission was held at 5:30PM in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas. The meeting was streamed live on YouTube.

The meeting was called to order at 5:30PM (0:54) by President of the City Commission Kathryn Salsbury who facilitated this meeting. Dylan Olson, Matthew Wells, Tracy Dancer, and Kathryn Salsbury were present with Mayor Tim Van Hoecke (via Teams).

In Attendance – Brad Matkin/City Manager, Lisa Dillon/Housing & Community Development Coordinator, Lisa Lewis/City Clerk, Sonia Gugnani/FSCC Vice President of Academic Affairs, Rory Chaplin/FSCC Assoc. Dean of CTE and Workforce Development.

SALSBURY led the Pledge of Allegiance and OLSON said a prayer asking God for guidance for the City, the citizens, and our Government and City officials.

Action Items: (2:20)

Consideration to support FSCC in their pursuit of the FRAME Grant – MATKIN explained that he called the Special Meeting because Fort Scott Community College representatives came to the City to talk about a grant they are pursuing with a deadline of Friday, February 14, 2025.

GUGNANI stated the FRAME Grant was announced for technical and community colleges in the state of Kansas through the Kansas Department of Commerce. FSCC decided to apply because it fits with their mission. It is a construction trade grant for construction trade students. The maximum amount available is $2 million with the awards being in the range of $250,000 to $1 million to whoever is qualified for the grant. The grant requires that (4) houses be built within the next (2) years; the timeframe is August 1^st – May 31^st .  The first (2) houses must be either renovated or new construction within the next year. The proceeds from the sales of those houses would be used to build the next (2) houses the following year. The grant cannot be used to buy the land, and they are here to ask that the City support their mission by donating a piece of land. The first (2) homes will be between 1100 – 1500 sq. ft. with (3) bedrooms and (2) bathrooms. They looked at the Bourbon County Housing Assessment that was done by REDI in 2022 which indicated a need for these kinds of houses in Fort Scott. The students would work on the houses alongside the contractors providing both hands-on experience as well as giving back to the community they live in. The grant is a (1) time award but

CHAPLIN stated that the grant opened in December of 2024, but originally, they were focusing on pursuing infill lots. The houses will be in the $185,00-$225,000 range so they decided to pursue land for a subdivision instead. With the longevity of the project, they hope to include infill lots, however the constraints of the grant prohibit infill properties due to the lack of clear titles. They hope to sustain the grant and continue building more homes and pursuing rehab projects as well.

The homes must be sold within (180) days of completion.

Discussion was had regarding working with Land Bank.

Discussion was also had about the potential and FSCC’s goals with the program. With the subdivision model, their hope is to create a spurring on of additional builds from other contractors and investors.

Land options and required infrastructure were discussed. MATKIN stated it was his understanding that the City would purchase land (if no City property is suitable) and gift it to the college and do the infrastructure.

MATKIN suggested committing to a dollar amount as required support. The grant does not require the land to be named in the application.

Further discussion was had on what is being requested of the City for the project and the application and the costs verses the benefits.

The price point of the homes was a topic of brief discussion along with acreage options and steering back to the use of Land Bank properties.

GUGNANI stated the ask for tonight is a letter of support from the City committing to 2-acres of land and infrastructure in order to submit the application for the FRAME Grant.  Currently they have asked REDI, Bourbon County Foundation, and USD 234 for Letters of Support. They have not talked to the Bourbon County Commission, but she does plan to talk to them to instill collaboration.

MOTION:  WELLS moved to offer up at least $30,000 from the Economic Development fund to be able to purchase land to donate to the school in order to get this program going. OLSON seconded.

OLSON and WELLS voted yes. SALSBURY, DANCER and VAN HOECKE voted no.

MOTION FAILED 2-3.

MOTION:  DANCER moved to create a letter of support only if there were a stipulation that the acquisition of the land and the sale excludes the offer of the Neighborhood Revitalization Program Tax Rebate. To clarify he stated that he would include infrastructure, but not a dollar figure for acquisition of property.

DANCER retracted his motion.

DILLON addressed the Commission to express her concerns about the desperate need for housing. She stated that the most current new housing was built in 2000. She asked that they take the time to consider that the community has expressed that they are looking for some new options to be able to stay here in Fort Scott. Our population is continually declining. If we don’t make some changes, or some sort of move in some direction, she is afraid that the decline will still continue.

Discussion was had on what the Commission could agree on to put in a letter of support without using a dollar amount.

MOTION:  WELLS moved that the City write a letter of support saying that we will donate land for the building of the (4) houses and help with the infrastructure that is needed to get the grant. OLSON seconded.

WELLS, OLSON and SALSBURY voted yes. VAN HOECKE, DANCER voted no.

MOTION CARRIED 3-2.

MOTION:  OLSON moved to adjourn the meeting at 6:28PM (58:10). DANCER seconded.

FEBRUARY 12, 2025, MEETING ADJOURNED AT 6:28PM.

Submitted by Lisa A. Lewis, City Clerk