CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes of November 5^th, 2019 Regular Meeting #20

The regular meeting of the Fort Scott City Commission was held November 5^th, 2019 at 6:00 p.m. in the City Commission Room, 123 S. Main, Fort Scott, Kansas.

ROLL CALL:

Commissioners Adamson, Bartelsmeyer, Mitchell, and Nichols were present with Mayor Parker presiding.

INVOCATION: Pastor Michael Apfel, Trinity Lutheran Church said a prayer asking God for guidance for the City, our Government and City officials.

AUDIENCE IN ATTENDANCE: Dave Bruner, Travis Shelton, Darrell Parker, Deb McCoy, Tony Krsnich, Patrick Wood, Michael Mix, Lindsey Watts, Burton Harding, Kevin Allen, Jason Gorman, Susan Bancroft, Brian Allen, Rachel Pruitt, Paul Ballou, Robert Uhler, Deb Needleman, Clayton Miller, and representing the press, Jason Silvers of the Fort Scott Tribune.

PROCLAMATIONS/RECOGNITIONS:

APPROVAL OF MINUTES AND APPROPRIATIONS/CONSENT AGENDA:

1. Approval of minutes of the regular meeting of October 15^th, 2019.

2. Approval of Appropriation Ordinance 1249-A totaling $391,129.40.

3. Parade Permit – Veteran’s Day Parade – November 9^th, 2019.

4. Consideration of Resolution No. 23-2019 – Support for a Moderate Income Housing Grant with the Kansas Housing Resources Corporation.

E. Approval of Change Order #1 – Request Proposals 2 through 6 – River Intake and Dam Project – Credit of $49,350.10.

Bartelsmeyer moved to approve the Consent Agenda. Nichols seconded. All voted aye.

APPROVED CONSENT AGENDA.

APPEARANCE/COMMENTS/PUBLIC HEARING:

1. APPEARANCE: Brian Allen, President, H.P.A.

City Manager said that the City has an opportunity to transfer ownership of the parking lot at Wall and Scott where the depot is currently located. The depot is owned by H.P.A. and the parking lot is owned by the City. They have a project they have been working on for the last two years. He asked the Commission to give him authority to work with our City Attorney and H.P.A.’s attorney to transfer ownership of this parking lot to H.P.A. with two conditions. The first condition would be with Trader Dave’s to make sure that property which adjoins has a shared driveway so they can get to their doors. The next condition is that they have two years to complete the project or the property will revert back to the City. This contract would come back before the Commission at their next meeting for their approval.

Brian Allen, President, H.P.A., said that they have been working with an investor for some time about a development for the depot. He doesn’t want to open a business without owning the land the business is sitting on. They are excited about the revenue that they will receive from this sale. They will be able to move their artifacts inside the depot to the Old Congregational Church and upgrade the church also and be able to display them. They are also wanting to take some of the proceeds and use for some of the downtown buildings and assist in saving them. He cannot go into any detail at this time about the investor. This is the oldest M.K.&T. structure in the world Mr. Allen said. They also plan to have a clause in their agreement that if the owner decides to close the business after five or ten years, the building will revert back to H.P.A. or have the right of first refusal.

Adamson moved to approve for the City Manager to work with the City Attorney and H.P.A.’s attorney to draw up a contract to transfer ownership of the parking lot at Wall and Scott to H.P.A. with the above stipulations. Parker seconded. All voted aye.

APPROVED FOR THE CITY MANAGER TO WORK WITH THE CITY ATTORNEY AND THE ATTORNEY FOR H.P.A. TO DRAW UP A CONTRACT TO TRANSFER OWNERSHIP OF THE PARKING LOT AT WALL AND SCOTT TO H.P.A. WITH THESE STIPULATIONS: WORK WITH TRADER DAVE’S BUSINESS TO ALLOW AN ADJOINING DRIVEWAY SO THEY CAN GET TO THEIR BUSINESS; AND ALLOW H.P.A. TO HAVE THIS PROJECT COMPLETED IN TWO YEARS OR THE PROPERTY WILL REVERT BACK TO THE CITY.

B. CITIZEN COMMENTS (Concerning Items Not on Agenda – 3 minute

limit per citizen) – None

3. PUBLIC HEARINGS: None

CONSIDERATION:

1. Consideration of appointments to Lake Fort Scott Advisory Board – Robert Uhler, Community Development Director, informed the Commission that he notified all of the individuals who had submitted letters of interest to serve on the Lake Fort Scott Advisory Board. There were 21 interested individuals. A meeting was held on October 17^th, 2019, and Robert had each of them introduce themselves and give a brief explanation of their interest in serving on the board. All of the attendees then submitted a vote for a representative. The following names were approved to be submitted to the City Commission:

East Side Representatives:

1. Nancy K. Van Etten

2. Shane Wood

West Side Representatives:

3. Tom Brink

4. Dean Striler

At Large Representative:

5. Nancy Maze

Other Representatives:

6. JoLynne Mitchell, City Commissioner

7. Jeff Fisher, County Commissioner

8. Don Banwart, City/County Resident

9. Marci Myers, City/County Resident

Mr. Uhler asked for approval for the above individuals be appointed to the Lake Fort Scott Advisory Board.

Bartelsmeyer moved to approve the above individuals be appointed to the Fort Scott Lake Advisory Board. Mitchell seconded. All voted aye.

APPROVED THE FOLLOWING INDIVIDUALS BE APPOINTED TO THE LAKE FORT SCOTT ADVISORY BOARD:

East Side Representatives:

1. Nancy K. Van Etten

2. Shane Wood

West Side Representatives:

3. Tom Brink

4. Dean Striler

At Large Representative:

5. Nancy Maze

Other Representatives:

6. JoLynne Mitchell, City Commissioner

7. Jeff Fisher, County Commissioner

8. Don Banwart, City/County Resident

9. Marci Myers, City/County Resident

2. Consideration of KCAMP board member appointments – Deb Needleman, Human Resource Director, informed the Commission that the voting and alternate delegates need to be appointed for the KCAMP Board, which is our property and casualty insurance carrier. Her recommendation is JoLynne Mitchell as the voting delegate and Dr. Randy Nichols as the alternate delegate. Approval was recommended.

Mitchell moved to approve the voting and alternate delegates for the KCAMP Board of Directors. Adamson seconded. All voted aye.

APPROVED JOLYNNE MITCHELL AS THE VOTING DELEGATE AND DR. RANDY NICHOLS AS THE ALTERNATE VOTING DELEGATE FOR THE KCAMP INSURANCE BOARD OF DIRECTORS.

3. Consideration of Resolution No. 24-2019 determining the advisability of issuing taxable Industrial Revenue Bonds – Rachel Pruitt, Economic Development Director, informed the Commission that approval is needed for the approval of Resolution No. 24-2019 for the purpose of providing a sales tax exemption for the Union Lofts Building.

Rachel said that she also wanted to update the Commission that she has submitted our CDBG application for the ladder fire truck. As part of that application process, was to quantify our capital investment for the past five years. She and Susan Bancroft actually documented over $37 million in capital investment over the last five years. Private investment was also included. Over $20 million was spent in the downtown area, which is a staggering amount. A lot of that credit does go to Flint Hills Holding.

This new residential complex, Fort Scott Lofts, will have 25 units in the downtown area and will result in this being an $8 million project.

Susan Bancroft, Director of Finance, informed the Commission when Industrial Revenue Bonds are issued, that it is not anything the City is liable for. This helps stimulate growth in the economy here in Fort Scott and will allow the owner assistance with the sales tax exemptions for his labor and materials. That is what this Industrial Revenue Bond is for. This is similar to the last I.R.B. that was approved for Jennifer LaRoche.

Tony Krsnich, Flint Hills Holdings, appeared before the Commission and informed them that this project unfortunately had hit a snag and he apologized for that. He was able to secure additional tax credits at the State and Federal levels. With the assistance of the Industrial Revenue Bonds, that will help them secure a bondable general contractor to stand behind this job. He has received two bids so far and is close to awarding this project. He thanked the Commission for their support with this project.

Mitchell moved to approve Resolution No. 24-2019. Adamson seconded. All voted aye.

APPROVED RESOLUTION NO.24-2019 OF THE GOVERNING BODY OF THE CITY OF FORT SCOTT, KANSAS DETERMINING THE ADVISABILITY OF ISSUING TAXABLE INDUSTRIAL REVENUE BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION, RENOVATION, AND EQUIPPING OF A COMMERCIAL FACILITY LOCATED IN SAID CITY; AND AUTHORIZING EXECUTION OF RELATED DOCUMENTS – FORT SCOTT LOFTS BUILDING.

4. Consideration of Water Rate Increase – Ordinance No. 3551 – Susan Bancroft, Director of Finance, informed the Commission that this water rate increase is for 3% and was put into the 2020 budget. It will be effective January 1, 2020. Approval was recommended.

Susan said that she is planning to do an analysis of our water rates in 2020 and make sure we are in line with other communities in this area.

Nichols moved to approve Ordinance No. 3551 increasing the water rates by 3% for 2020. Adamson seconded. All voted aye.

APPROVED ORDINANCE NO. 3551 SETTING NEW WATER RATES AND REPEALING ORDINANCE NO. 3545 FOR THE CITY OF FORT SCOTT, BOURBON COUNTY, KANSAS, PURSUANT TO THE FORT SCOTT MUNICIPAL CODE, CHAPTER 13.04.030.

5. Consideration of Wastewater Rate Increase – Ordinance No. 3552 – Susan Bancroft, Director of Finance, informed the Commission that this sewer rate increase is for 3% and was put into the 2020 budget. It will be effective January 1, 2020. Approval was recommended.

Susan mentioned that the sewer rates at Lake Fort Scott have not been increased since the inception when they were put on. She will be mailing a letter to Bourbon County notifying them of a rate increase and also a public hearing will be held regarding this rate increase at our November 19^th, 2019 Commission meeting.

City Manager said that they have discovered there is not a Lake Sewer District Board so one will need to be appointed at some time in the future.

Bartelsmeyer moved to approve Ordinance No. 3552 increasing the sewer rates by 3% for 2020. Mitchell seconded. All voted aye.

APPROVED ORDINANCE NO. 3552 INCREASING THE BASIC MONTHLY CHARGE FOR SANITARY SEWER RATES IN THE CITY OF FORT SCOTT BY AMENDING CHAPTER 13.24.110 OF THE FORT SCOTT MUNICIPAL CODE AND REPEALING ORDINANCE NO. 3546.

6. Consideration of Storm Water Rate Increase – Ordinance No. 3553 – Susan Bancroft, Director of Finance, informed the Commission that this stormwater rate increase is for 3% and was put into the 2020 budget. It will be effective January 1, 2020. Approval was recommended.

Mitchell moved to approve Ordinance No. 3553 increasing the storm water rate by 3% for 2020. Adamson seconded. All voted aye.

APPROVED ORDINANCE NO. 3553 AMENDING THE FORT SCOTT STORMWATER USER CHARGE AND REPEALING ORDINANCE NO. 3547 FOR THE CITY OF FORT SCOTT, BOURBON COUNTY, KANSAS, PURSUANT TO THE FORT SCOTT MUNICIPAL CODE, CHAPTER 13.24.121.

7. Consideration of award of low bid for Water Treatment Plant Clarifier painting and sand blasting – Michael Mix, Water Utilities Director, informed the Commission that this project was rebid in October. He asked for approval for the low bid from Insco Industries of Shawnee, Kansas in the amount of $75,757.00. This project will not begin until the Spring of 2020 as it is too cold to paint now.

Mitchell moved to approve the low bid from Insco Industries of Shawnee, Kansas in the amount of $75,757.00 for the Water Clarifier painting project. Bartelsmeyer seconded. All voted aye.

APPROVED LOW BID FROM INSCO INDUSTRIES OF SHAWNEE, KANSAS IN THE AMOUNT OF $75,757.00 FOR THE WATER CLARIFIER PAINTING REHAB PROJECT WHICH WILL NOT BEGIN UNTIL SPRING OF 2020.

COMMISSION/STAFF:

1. Director Updates:

Robert Uhler – Robert informed the Commission that he wanted to update the Commission on Schneider Electric and the energy audit project. At the November 19^th meeting, there will be a proposal presented from Schneider Electric with recommendations of all the City facilities for the Commission to review.

Dave Bruner – Dave gave the Commission an update on EMS training for EMS and Fire employees. Janet Taylor, who is a flight nurse from Kansas City Life Flight and an EMS educator, came here and conducted a wilderness emergency class which was held at Gunn Park. There were 14 different scenarios held to treat and transfer patients. The next upcoming class will be on difficult airways.

Dave also updated the Commission on the Bourbon County EMS call activity. In September there were 236 calls for service with 86 transfers, 56% to Pittsburg, 62 dry runs, 174 total transports, 13 medical alarm lifts, 1 fire standby, 13 event standbys, and 2 mutual aid requests. In October there has been 194 total calls for service, 126 total transports, 68 dry runs, 56 transfers, 54% to Pittsburg, 13 medical alarm lift assists, 10 event standbys, 2 fire standbys, and 1 mutual aid request. The eight-month total is 1,638 calls for service, 1,213 total transports, 618 transfers and 425 dry runs.

Commissioner Adamson asked him for a report on fire department calls. He will bring that to the next meeting.

Dave also informed the Commission that he is working on expanding some of the health care items for our annual health fair for City employees. This will be in accordance with the 1582 guidelines that was addressed at an earlier meeting on firefighter safety. We will begin offering vision, hearing, chest x-ray, ekg’s, chest, lung function test, and stress test. More information will be forthcoming on this. The City currently does a fit for duty for new employees and employees returning to work, employee assistance program, random drug testing, employee wellness incentive program, and employee wellness newsletter. Police, Fire and EMS also have access to a regional critical and stress management team that covers the twelve counties in this area.

2. City Commission:

Bartelsmeyer – Nothing to report.

Mitchell – Wished all the candidates running for office good luck tonight.

Nichols – Remarked that there has been an issue during this election season with our ordinance and resolution and he has created a new ordinance for the Commissioners to review. He asked them to look this over and get back to Diane Clay, City Clerk, with any changes they would like to see made on this or any comments. He has talked with the League of Kansas Municipalities about this and they have looked at it and is awaiting their feedback. We can look at adopting this at a future meeting.

Adamson – Remarked that she is excited to see good things happening in the downtown area.

Parker – Remarked that she is excited about the $37 million investment in this community. She thanked all the directors for working together to accomplish much.

3. City Manager:

1. City Manager remarked that he will be glad when the election is over. He is very proud of his staff and how they have acted. We aren’t telling our story as well as we should and need to work better on this. He feels responsible that there is perception that things weren’t done right. There has been nothing done wrong. We will continue to work the way we have to move this City forward.

ADJOURNMENT:

Mitchell moved to adjourn the meeting at 6:40 p.m. Nichols seconded. All voted aye.

ADJOURNED MEETING AT 6:40 P.M.

The next regularly scheduled meeting is to be held on November 19^th, 2019 at 6:00 p.m.

RECORDED BY:

DIANE K. CLAY

CITY CLERK

AGENDA

FORT SCOTT CITY COMMISSION

FORT SCOTT CITY HALL

COMMISSION ROOM

123 SOUTH MAIN

NOVEMBER 19, 2019

6 p.m.

I. ROLL CALL:

ADAMSON BARTELSMEYER MITCHELL NICHOLS PARKER

II. FLAG SALUTE

III. INVOCATION: Pastor Allen Schellack, Compassionate Ministries

IV. PROCLAMATIONS/RECOGNITIONS:

V. CONSENT AGENDA:

1. Approval of minutes of the regular meeting of November 5^th, 2019.

2. Approval of Appropriation Ordinance 1250-A totaling $295,043.24.

3. Christmas Parade Permit Form- December 3^rd, 2019.

4. Certificate of Appropriateness – 3 W. Oak Signage

5. Certificate of Appropriateness – 24 N. National – Addition to building

6. Resolution No. 25-2019 – Notice of Hearing with Reference to alleged unsafe and dangerous structure located at 510 S Heylman Street – Public Hearing Date – 1/7/2020 at 6:15 p.m.

7. Resolution No. 27-2019 – Notice of Hearing with Reference to alleged unsafe and dangerous structure located at 501 S. Osbun Street – Public Hearing Date – 1/7/2020 at 6:15 p.m.

VII. APPEARANCE/COMMENTS/PUBLIC HEARING:

1. APPEARANCE: Seth Needham

B. CITIZEN COMMENTS (Concerning Items Not on Agenda – 3 minute limit per citizen)

C. PUBLIC HEARINGS/COMMENTS:

6:00 p.m. Lake Sewer District Sewer Increase Public Hearing

VIII. CONSIDERATION:

1. Consideration of Resolution No. 26-2019 authorizing for sale of General Obligation Temporary Notes, Series 2019-1, of the City of Fort Scott, Kansas – River Intake Project

2. Approval of financials

IX. COMMENTS:

1. Director Updates: Allyson Turvey

Robert Uhler

2. Commission:

3. City Manager:

EXECUTIVE SESSION:

I MOVE THAT THE CITY COMMISSION RECESS INTO EXECUTIVE

SESSION FOR ________________________________ IN ORDER TO

(see below justification)

DISCUSS ______________________________________. THE

EXECUTIVE SESSION WILL BE ___________ MINUTES AND THE OPEN

MEETING TO RESUME AT ________________.

Justifications for Executive Sessions:

• Personnel matters of non-elected personnel

• Consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship

• Matters relating to employer-employee negotiations whether or not in consultation with the representative or representatives of the body or agency

• Confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships

• Preliminary discussions relating to the acquisition of real property

X. MOTION FOR ADJOURNMENT: ROLL CALL

The Design Review Board will meet on Monday, November 18^th, 2019 at 4:00 p.m. at the City Hall Commission Meeting room at 123 S. Main Street, Fort Scott, Kansas. This meeting will be held to discuss a Certificate of Appropriateness for a sign at 3 West Oak Street and a Certificate of Appropriateness for an addition at 24 North National and any others matters to be brought before the Board. This meeting is open to the public.