CITY OF FORT SCOTT CITY COMMISSION MEETING
Minutes of February 4, 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 (0:09). 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, Jason Dickman/City Engineer-Earles Engineering & Inspections, Inc., Chief Jason Pickert/FSPD, Leroy Kruger/Codes Enforcement Technician, Jessica Oliphant/BakerTilly (via telephone), Lisa Dillon/Housing & Community Development Coordinator, Scott Flater/Water Utilities Director, Bill Lemke/Water Distribution & Collections Supervisor, Lisa Lewis/City Clerk, Steve Mason, Michael Hoyt, and Josh Jones.
- Farmer/City Attorney was absent.
VAN HOECKE led the Pledge of Allegiance and OLSON said a prayer asking God for guidance for the City, our Government and City officials.
Approval of Agenda (1:28)
MOTION: WELLS moved to approve the Agenda as presented with the amendment of Item F/New Business worded 2024 Annual Report from the Land Bank. SALSBURY seconded.
MOTION CARRIED 5-0.
Approval of Consent Agenda (2:08)
- Approval of Appropriation Ordinance 1377-A – Expense Approval Report – Payment Dates of January 16, 2025 – January 29, 2025 – $548,345.32
- Approval of Minutes: January 21, 2025
- Request to Pay – Heck & Wicker – Payment No. 7 – $97,296.07
- Request to Pay – Invoice #17735 – Earles Engineering & Inspection, Inc. Project No. 24-414 – Horton & 6th Street Improvements – Payroll – $21,013.62
MOTION: OLSON moved to approve the Consent Agenda as presented. SALSBURY seconded.
MOTION CARRIED 5-0
Public Comments
Josh Jones (3:59) – addressed the Commission regarding contractor’s licenses specifically redundancy of existing regulations, potential administrative overload, limited effectiveness in ensuring quality of work and possible unintended consequences for contractors and new businesses.
Appearances (6:44) – None
Unfinished Business
Consideration of Change Order for Davis Lift Station (6:50) FLATER presented a request to approve the change order (original appearance for project November 12, 2024) for JCI to rebuild pumps and motors which will cost $22,444.00. Discussion was had on the necessity of modifications to existing specifications and about the lifespan of rebuilt equipment compared to new.
MOTION: DANCER moved to approve the change order according to the new findings for $22,444.00. OLSON seconded.
MOTION CARRIED 5-0.
Status of 118 E. Wall (14:16) – MATKIN gave a status update stating that FARMER’S office sent legal communication to the barber shop owner on 1/28/2025 regarding a release of liability (Montanez and Family assume all liability) and that the insurance company requires the “Red Tag” to be removed for the owner to obtain insurance. There is currently no insurance on the building. MATKIN reached out to the owner but has not been able to contact him.
Discussion was had about the conditions previously agreed upon for reopening the building.
Discussion was had about the adjoining building.
Discussion was had about an alternative course of action with the City going for quotes to repair it to structural engineer’s report. WELLS stated that the City has the right to do the repairs (when the owner refuses) to keep the structure from falling. WELLS’ intention is to move forward and pursue legal recourse with the options that have been presented by the City Attorney.
ACTION: MATKIN was directed to get (3) bids to repair the items necessary and will contact the insurance agent that contacted him regarding the building.
Status of 323 W. Wall (26:18) – WELLS met with the Land Bank, and they are excited about the opportunity to take this property along with others into the Land Bank before demolition is done. According to the Land Bank manager, the preferable way is to reach out to owners to see if they are willing to donate the property to the Land Bank before the City does the demolition. It could streamline the process of making it a viable property for contractors to come in and fix the properties instead of them being demolished.
WELLS stated he has not been able to contact the owner. The Land Bank Manager is reaching out as well.
Discussion was had on extending the timeline and tax grant rebate incentive.
KRUGER stated that the owner wishes to keep the property and is aware of the back taxes owed. The owner’s daughter has told him that they lack funds to save or demolish the home, but the owner will not agree to sell it. He also stated that this property has been on the radar (of the Codes Department and City Commission) for an extremely long time.
- Matkin left the meeting at (31:21.
Further discussion was had on the extended timeline for the unsafe building.
MOTION: VAN HOECKE moved to press forward with the demolition of 323 W. Wall. DANCER seconded. DANCER and VAN HOECKE voted yes. SALSBURY, OLSON, WELLS voted no.
MOTION FAILED 2-3.
- Matkin left the meeting at (33:45.
MOTION: OLSON moved to table 323 W. Wall until the first meeting in March (March 4, 2025). WELLS seconded.
ACTION: WELLS will get permission from MATKIN to join KRUGER on a visit the owner of 323 W. Wall.
MOTION CARRIED 5-0.
Discussion on the use of storage container boxes (35:20) WELLS stated this topic was introduced last year because of community interest in using containers for residential and commercial purposes. It remains an issue regarding using the boxes as storage on properties and the trending interest in using them to build modern homes.
Discussion was had about how other communities manage the issue, use in the historic district, and what our current Zoning Regulation states and how it would need to be rewritten. KRUGER stated that as is currently written, Codes cannot address the issue; a rewrite, as presented, would be required. He stated that he has not addressed it with any citizen despite claims.
ACTION: A Work Session is scheduled for February 24th, 2025, at 5:30PM.
New Business
Consideration of Letter of Interest submitted by Heather Madison for Land Bank Trustee due to the expired term of Bailey Lyons – February 2025 (53:28)
MOTION: WELLS moved to approve Heather Madison as a Land Bank Trustee. DANCER seconded.
MOTION CARRIED 5-0.
A brief discussion was had about David Beerbower/County Commissioner expressing interest in being the County Representative on the Land Bank. The current ordinance will need to be revised.
Presentation of 2024 Land Bank Annual Report – DILLION presented the report and answered Commissioners’ questions. The ending balance for 2024 reported as $71,560.00. Budget for the Land Bank in 2025 was reported by OLIPHANT AS $113,000.00 separate from the 2024 balance.
Discussion was had on the amount budgeted for 2025.
- Matkin left the meeting at (58:49).
- Matkin returned to the meeting at (59:28).
Discussion of Neighborhood Revitalization Program (NRP) (59:30) DILLION presented an introduction of the program which is a collaborative program between the City of Fort Scott and Bourbon County. The primary goal is to encourage property owners to invest in the rehabilitation, conservation, and redevelopment of properties within designated areas by offering property tax rebates for quality improvements. They are broken down into (3) categories: residential, commercial, and historic. She explained the tax rebates, the application, and requirements.
Further discussion continued with the proposed changes to the program for developer incentives.
Consideration to begin Demolition Proceedings for 301 N. Jefferson, 501 Osbun, and 314 S. Scott – KRUGER presented an overview of conditions, owner contact history and answered questions for each of the (3) structures/properties. Codes determined these to be unsafe and dangerous and should be demolished. A Public Hearing is therefore set for March 18, 2025, with the passage of the resolutions.
MOTION: DANCER moved to approve Resolution No. 3-2025 – A RESOLUTION AND NOTICE OF HEARING WITH REFERENCE TO ALLEGED UNSAFE AND DANGEROUS STRUCTURE AT 301 N. JEFFERSON. VAN HOECKE seconded.
MOTION CARRIED 5-0.
MOTION: VAN HOECKE moved to approve Resolution No. 4-2025 – A RESOLUTION AND NOTICE OF HEARING WITH REFERENCE TO ALLEGED UNSAFE AND DANGEROUS STRUCTURE AT 501 S. OSBUN. DANCER seconded.
VAN HOECKE, SALSBURY, OLSON and DANCER voted yes. WELLS voted no.
MOTION CARRIED 5-0.
MOTION: WELLS moved to approve Resolution No. 5-2025 – A RESOLUTION AND NOTICE OF HEARING WITH REFERENCE TO ALLEGED UNSAFE AND DANGEROUS STRUCTURE AT 314 S. SCOTT. OLSON seconded.
MOTION CARRIED 5-0.
Consideration of Bids for Charles Street Lift Station (1:20:30) – DICKMAN presented the bid tabulation for the project that was opened on 1/23/2025. Three (3) bids were received and (1) bid was rejected. Earles Engineering & Inspections, Inc. recommended that the bidder Cardinal Siteworks, LLC – Pittsburg, KS – be awarded the bid.
MOTION: WELLS moved to award Cardinal Siteworks, LLC the project for the rebuild at the Charles Street Lift Station. SALSBURY seconded.
MOTION CARRIED 5-0.
Consideration of Change Order No. 4 – Horton St. & 6th St. Improvements – Heck & Wicker – Corrective Action for Rejection of Defective Work (EEI: 22-049 & 24-414) – DICKMAN stated that this approval was to close out the rejected work on the overlay work with the previously discussed compromise with Heck & Wicker. They have left the site for the winter but will return on March 10, 2025, to perform corrective action on the overlay consisting of the diamond grinding and a fog seal. Heck & Wicker will profile the road before beginning the diamond grinding and after and then fog seal. All corrective work is at no cost to the City. The Change Order No. 4 official document reflects “No Charge” and an additional (6) more days to the total calendar days for completion to account for weather issues.
(1:24:31) WELLS stated for the record that there were over (178) defects noted in the profiling that was done and few of those were more than an inch, they did a (3) inch overlay which was in violation of the specs which means in certain sections of the road, after the grinding takes place, there will be (2) inches or less of material in the overlay that will be left the grinding. Because this fall well outside the specs, because the job was not done according to specs, where it was clearly laid out how it should have been done, in (2)-(1.5) inch lifts and instead was done in (1)-(3) inch lift, we will be left with a road, in certain instances, that will be less than (2) inches thick on the overlay, I am not okay with the corrective action that has been brought forth.
(1:25:40) DANCER and OLSON expressed their unhappiness which prompted further discussion.
(1:26:55) MATKIN requested an explanation of “tighter management” that was used during the discussion. DANCER replied and further discussion ensued over supervision of projects. DICKMAN provided an explanation of changes that will happen moving forward.
MOTION: VAN HOECKE moved to approve Change Order No. 4 – Horton St. & 6th St. Improvements – Heck & Wicker – Corrective Action for Rejection of Defective Work for Earles Engineering.
ACTION: DANCER requested formal action, changing our position, and stipulating in black and white the relationship between the City and Earles Engineering.
DANCER seconded.
DANCER, VAN HOECKE, SALSBURY, and OLSON voted yes. WELLS voted no.
MOTION CARRIED 4-1.
MOTION: OLSON moved to amend the agenda to allow for an Executive Session. WELLS seconded.
MOTION CARRIED 5-0.
MOTION: OLSON moved that the City Commission recess into Executive Session for the purpose of discussion with an entity pursuant to the financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships exception in K.S.A. 75-4319(b)(4). The open meeting will resume in the Commission Room at 7:47PM. In the meeting will be the (5) City Commissioners and the City Manager. DANCER seconded.
MOTION CARRIED 5-0.
MOTION: VAN HOECKE moved to come out of Executive Session. DANCER seconded.
WELLS was absent for the vote.
MOTION CARRIED 4-0.
Reports and Comments
CITY ENGINEER DICKMAN (1:47:52) – No comments.
CITY MANAGER MATKIN (1:48:02)
– City/County Work Session
– Bettis replaced Harbour Construction to complete our Cape Seal project and will be back in May (possibly sooner) repair what has been done and complete the remainder.
- Wells returned to the meeting (1:48:18)
COMMISSIONER SALSBURY (1:50:25) – No comments.
COMMISSIONER WELLS (1:50:29)
– Clarification on the intent of the Business License during the Work Session of 1/28/2025
– Previous passage of Contractor’s License and Ordinance – possible Work Session,
– Bourbon County Community Theater Adult Prom event
– 1st Street Alley repair with established policy
– Thank you to the Commission for staying focused for the benefit of our citizens
COMMISSIONER OLSON (2:06:51)
– Business License intent from 1/28/2025 Work Session
COMMISSIONER DANCER (2:07:36)
– Apology to Commissioner Wells regarding Business License and Contractor License issues
– Thank you to City Employees, City Manager, and fellow Commissioners
– Proposed a future Work Session regarding Tourism and Retailer Event Coordination
COMMISSIONER/MAYOR VAN HOECKE (2:09:43)
– Business Licenses and Contractor Licenses comments
– Fence in front of Memorial Hall – MATKIN stated it was removed.
MOTION: DANCER moved to adjourn the meeting at 8:10PM (2:10:48). WELLS seconded.
FEBRUARY 4, 2025, MEETING ADJOURNED AT 8:10PM.
Submitted by Lisa A. Lewis, City Clerk
