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NOTICE OF AND AGENDA FOR REGULAR
MEETING OF FORT SCOTT CITY COMMISSION
City Hall Commission Room – 123 S. Main Street, Fort Scott, KS 66701
November 5, 2024 – 6:00 P.M.
Tim VanHoecke, Matthew Wells, Dyllon Olson, Kathryn Salsbury, Tracy Dancer
III. Pledge of Allegiance
VII. Public Comment – Sign up required before the beginning of the meeting on register at the entrance of the Commission Room. Public Comments are for any topic not on the agenda and limited to five (5) minutes per person, at the Commission’s discretion.
VIII. Appearances – Must be scheduled with the City Clerk at least (1) week prior to the meeting
you wish to address the Commission. You will be scheduled on the agenda to speak on your topic.
Public Hearing:
Action Items:
XII. Adjourn
CITY OF FORT SCOTT CITY COMMISSION MEETING
A Work Session was held on October 15, 2024 at 5:00PM directly followed by the regular meeting of the Fort Scott City Commission at 6:00PM in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas. Both meetings are available on the City of Fort Scott YouTube Channel. Time stamps according to recording.
The meeting called to order at 6:00PM. Commissioners Tim VanHoecke, Dyllon Olson, Matthew Wells, and Kathryn Salsbury were present with Mayor Tracy Dancer.
Audience in Attendance – Brad Matkin/City Manager, Bob Farmer/City Attorney, Jason Dickman/City Engineer-Earles Engineering, Officer Colby Davidson/FSPD, Norm Nation/Codes Enforcement, Jessica Oliphant/BakerTilly (via telephone), Michael Hoyt, Ann Rawlins, Don Banwart/President of OFGS, and Joseph Lotterer, Jose Montanez (via telephone)
Approval of Agenda – (Time stamp 2:05)
MOTION: T. VanHoecke moved to add Approval of the Certificate of Appropriateness for 12 N. Main Street – as it has been approved by SHPPO and satisfied the Commission’s request at the September 17, 2024, meeting – to Unfinished Business – Item C. D. Olson seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
MOTION: M. Wells moved to approve the Agenda as amended with the removal of Kathy Dancer and Item C added to Unfinished Business – 12 N. Main – Certificate of Appropriateness. T. VanHoecke seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
Approval of Consent Agenda – (Time stamp 3:56)
– Approval of Appropriation Ordinance 1370-A – Expense Approval Report – Payment Dates of September 25, 2024 – October 8, 2024 – $ 734,821.86
– Approval of Minutes for October 1, 2024.
– September Financials
MOTION: T. VanHoecke moved to approve the Consent Agenda. K. Salsbury seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
Public Comments (Time stamp 4:34) – No comments
Appearances (Time stamp 4:36) – No appearances
(Time stamp 4:50)
Unfinished Business
Status of Building at 118 E. Wall – Requested documents from owner due per October 1, 2024, extension approved until October 15, 2024 –B. Matkin provided an update: have not received the requested Structural Engineer’s report, work is complete on the face of the building, contractor has moved out of the area, and (B. Matkin) spoke with the owner today and informed him that a structural engineer needs to look at it before it can be reopened.
Discussion was had about the work completed and the existing concerns of the building.
(Time stamp 6:43) J. Dickman provided his observations and his recommendation.
(Time stamp 8:23) Further discussion was had regarding the next step to verify that the building and Wall Street are safe to open.
(Time stamp 12:43) Jose Montanez addressed the Commission by telephone.
Clarification was made by the Commission and the work completed must be certified by a structural engineer.
(Time stamp 18:52) Discussion began regarding the City providing an independent structural engineering report.
(Time stamp 19:59) B. Matkin left the meeting and immediately returned (Time stamp 20:11).
ACTION: J. Dickman will contact an independent structural engineer to complete the inspection of the building.
ACTION: J. Montanez will reach out to the original structural engineer (Thomas Rewert) to see if he will certify the completed work.
ACTION: T. VanHoecke directed J. Dickman and B. Matkin to hire a structural engineer to inspect the building.
(Time stamp 28:11) T. VanHoecke left the meeting and returned to the meeting (Time stamp 29:48).
It was clarified that the City will get a 3rd party structural engineer to certify that entire building is not a public hazard. J. Montanez will seek certification from Thomas Rewert however the City will move forward with their inspection as a matter of due diligence for public safety.
(Time stamp 39:10) – Consideration to Approve Renewal of the Downtown Historic District and Riverfront Park Common Consumption Area Permit (existing Ordinance No. 3756) – annual permit expires November 21, 2024 – Tabled from October 1, 2024.
MOTION: T. VanHoecke moved to approve the renewal of the downtown Historic District and Riverfront Park Common Consumption Area Permit.
MOTION PASSED BY 5-0 VOTE.
(Time stamp 42:11) Consideration to approve the Certificate of Appropriateness – 12 N. Main – Construction of An Exterior Metal Awning – Previously approved by the Design Review Board but denied by the City Commission on September 17, 2024. The Commission requested that the owner seek approval from SHPPO or use an approved material.
MOTION: T. VanHoecke moved to approve the request from Be the Light Boutique that was previously approved by the Design Review Board for 12 N. Main. K. Salsbury seconded the motion. D. Olson, K. Salsbury, T. VanHoecke and T. Dancer voted yes. M. Wells voted no.
MOTION PASSED BY 4-1 VOTE.
New Business
Public Hearing:
(Time stamp 43:18)
MOTION: T. VanHoecke moved to open the public hearing for the Consideration to Approve Ordinance No. 3771 – Floodplain Management Ordinance – Pursuant to 44 CFR Sect. 60.3(d) – Regulatory Floodway Identified, K.S.A. 12-766 and K.A.R. 5-44-1 through 5-44-7 . M. Wells seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
There was no public comment.
(Time stamp 46:18)
MOTION: T. VanHoecke moved to close the public hearing. M. Wells seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
MOTION: M. Wells moved to approve Ordinance No. 3771 with the exception of changing Linn County to Bourbon County (page 2) to be considered approved once the correction is made. D. Olson seconded the motion. All voted yes.
MOTION APPROVED BY 5-0 VOTE.
(Time stamp 47:27)
MOTION: T. VanHoecke moved to open the public hearing for the Consideration to Approve Resolution No. 28-2024 – Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure located at 1721 E. Wall. M. Wells seconded the motion. All voted yes.
MOTION APPROVED BY 5-0 VOTE.
(Time stamp 49:20)
MOTION: T. VanHoecke moved to close the public hearing. M. Wells seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
MOTION: T. VanHoecke moved to approve the removal of the structure at 1721 E. Wall as directed by Resolution No. 28-2024. D. Olson seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
(Time stamp 50:03)
MOTION: T. VanHoecke moved to open the public hearing for the Consideration to Approve Resolution No. 29-2024 – Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure located at 323 W. Wall. D. Olson seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
(Time stamp 51:55)
MOTION: T. VanHoecke moved to close the public hearing. D. Olson seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
Discussion was had regarding the condition of the home and salvaging architecture.
MOTION: D. Olson moved to approve the removal of the structure at 323 W. Wall as directed by Resolution No. 29-2024. T. VanHoecke seconded the motion. D. Olson, T. VanHoecke and T. Dancer voted yes. K. Salsbury and M. Wells voted no.
MOTION PASSED BY 3-2 VOTE.
Further discussion was had regarding the purpose of the City identifying and rectifying dangerous and unsafe structures.
(Time stamp 1:01:48)
MOTION: T. VanHoecke moved to open the public hearing for the Consideration to Approve Resolution No. 30-2024 – Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure located at 1619 E. Pine. K. Salsbury seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
(Time stamp 1:03:31)
MOTION: M. Wells moved to close the public hearing. K. Salsbury seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
MOTION: M. Wells moved to approve the removal of the structure at 1619 E. Pine as directed by Resolution No. 30-2024. T. VanHoecke seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
(Time stamp 1:04:17)
MOTION: T. VanHoecke moved to open the public hearing for the Consideration to Approve Resolution No. 31-2024 – Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure at 1105 E. Scott. D. Olson seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
(Time stamp 1:05:59)
MOTION: T. VanHoecke moved to close the public hearing. K. Salsbury seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
Discussion was had regarding saving properties from demolition, the purpose of the Land Bank, and options for salvaging this property.
MOTION: T. VanHoecke moved to table Resolution No. 31-2024 regarding the structure at 1105 E. Scott until November 19, 2024, giving Codes the opportunity to reach out to the owner or heir of the owner to ask if they would be willing to donate the property “as is” to the Land Bank at which point he would need to be willing to fill out the required documents in order to obtain a clear title. It would then be presented to the Land Bank for approval or rejection. If rejected, the structure may need to be removed.
MOTION PASSED BY 4-1 VOTE.
(Time stamp 1:12:32)
MOTION: T. VanHoecke moved to open the public hearing for the Consideration to Approve Resolution No. 32-2024 – Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure at 402 S. Lowman. M. Wells seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
Discussion was had on the condition of the structure and prior history of it coming before the Commission. There were no public comments.
(Time stamp 1:14:19)
MOTION: T. VanHoecke moved to close the public hearing.
MOTION PASSED BY 5-0 VOTE.
MOTION: M. Wells moved to approve the removal of the structure at 402 S. Lowman as directed by Resolution No. 32-2024. T. VanHoecke seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
(Time stamp 1:15:01)
MOTION: M. Wells moved to open the public hearing for the Consideration to Approve Resolution No. 33-2024 – Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure at 418 S. Couch. T. VanHoecke seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
Joseph Lotterer (resident of 418 S. Couch) addressed the Commission and stated that he had been staying at 418 S. Couch for the past year. When he moved in, the front porch was an attached structure that was falling in but it has been removed. He stated that he is still making repairs to the house. His friend Amanda is the owner of the house and it belonged to her mother. Amanda does not live in the home. J. Lotterer stated that he has her on the phone if they wanted to speak to her. The Commission declined.
(Time stamp 1:21:50)
MOTION: T. VanHoecke moved to close the public hearing. M. Wells seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
MOTION: T. VanHoecke moved to table Resolution No. 33-2024 – Directing the Repair or Removal of an Unsafe Structure at 418 S. Couch until November 19, 2024. M. Wells seconded the motion.
ACTION: T. VanHoecke requested that J. Lotterer leave his contact information for the Codes Department before he leaves the meeting. J. Lotterer agreed.
All voted yes.
MOTION PASSED BY 5-0 VOTE.
Action Items:
Consideration to Approve Resolution No. 27-2024 – Operation Greenlight for Veterans – that in observance of Operation Green Light, the City of Fort Scott, Kansas encourages its citizens in patriotic tradition to recognize the importance of honoring all those who made immeasurable sacrifices to preserve freedom by displaying green lights in a window of their place of business or residence from November 4th through the 11th, 2024. M. Hoyt addressed the Commission regarding his request to approve the Resolution. He stated that the draft came from the Kansas Association of Counties. They asked that the City or the County take a picture and they will include them in their publication.
MOTION: M. Wells moved to approve Resolution No. 27-2024 – Operation Green Light for Veterans. D. Olson seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
Consideration to Approve Healthcare MOU – B. Farmer stated that the County and the City have been working together to establish an ER along with Freeman Hospital.
He continued that the Commission was provided a copy of a Memorandum Of Understanding (MOU) between Freeman and the County. The County will sign the document, but they want the City to approve it to form. He summarized a meeting that took place with Freeman Hospital that he, the City Manager, and the Mayor attended. This document is the first step along with a Funding Agreement. B. Farmer requested that the City Commission approve the document in form.
MOTION: T. VanHoecke moved to approve the MOU for Healthcare to Freeman Hospital. D. Olson seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
MOTION: T. VanHoecke moved to approve the Funding Agreement for Freeman Health Center with the terms that were provided in the agreement for accountability of the money, money coming back if they do not open in order to get them the lump sum of money that will bring the ER in Fort Scott. D. Olson seconded the motion. D. Olson, K. Salsbury, T. VanHoecke and T. Dancer voted yes. M. Wells abstained.
VOTE PASSED BY 4-0 VOTE.
Consideration to Approve Federal-Aid Fund Exchange Master Agreement – B. Farmer stated that this was an agreement to receive federal money for projects. He stated that he has reviewed it and encourages the Commission to approve.
MOTION: M. Wells moved to approve the master agreement. T. VanHoecke seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
Consideration to Appoint Ann Rawlins to the Fort Scott Planning Commission – Recommended by the Planning Commission on October 2, 2024, to fill the vacant seat of the (7) member Commission.
MOTION: M. Wells moved to appoint Ann Rawlins to the Fort Scott Planning Commission. K. Salsbury seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
Consideration of MOU Between City of Fort Scott and Old Fort Genealogical Society (OFGS) for Usage of the Eastern Side, Lower Level of Memorial Hall
Discussion was had about the terms of the agreement.
MOTION: M. Wells moved to table the discussion until the Commission can go through a few of the items in the MOU, correct the issues they might have, talk with the American Legion, and then present another MOU. T. VanHoecke seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
Consideration of a Change Order on Project No. 6 U-2455-01 Horton St. & 6th St. Project – Replace/Repair Inlet and Manholes – J. Dickman informed the Commission about the scope of the repairs and replacement for a total of $22,384.36 and the addition of (4) working days on the project.
MOTION: D. Olson moved to approve the change order as presented. M. Wells seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
City Manager Comments:
– Bourbon County Commission announced a Burn Ban that includes the City of Fort Scott
– Water supply is good and Cedar Creek is open, Rock Creek is not open. If we do not receive rain, it may need to be opened
– Cape Seal Project Update – concerns about quality of work
City Engineer Comments:
– Horton Street & 6th Street Project Update
– Structural Engineer has been contacted regarding 118 E. Wall
– Requested moving the next meeting to November 6th
– Suggested volunteering for holidays
– Shop and support local businesses
– Skubitz Plaza Repair Plan revisited
– Consideration to permanently close the road in Skubitz Plaza and Main Street as walking district only
ACTION: B. Matkin will look into the status of the Skubitz Plaza Repair Plan.
– Halloween Parade Permit – not needed due to no street closure
– Expansion of the School Speed Limit Zone on National to 8th Street
ACTION: B. Matkin will start looking for grants for additional lights. Flags are already in place
– No comments
City Attorney Comments:
– Traffic flow changes at the Fort
MOTION: T. VanHoecke moved for the City Commission to move into Executive Session for the purpose of a discussion pursuant to the personnel matters of non-elected personnel exception in K.S.A. 75-4319(b)(1). The (5) City Commissioners, the City Attorney and the City Manager will meet in the City Managers office and will return to the Commission Room at 8:28PM). D. Olson seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
(Time stamp 2:28:10)
MOTION: T. VanHoecke moved to come out of Executive Session. M. Wells seconded the motion. T. VanHoecke, M. Wells, D. Olson and T. Dancer voted yes. K. Salsbury was not present for the vote.
MOTION PASSED BY 4-0 VOTE.
MOTION: M. Wells moved for the City Commission to move into Executive Session for the purpose of discussion on the streets 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 (5) City Commissioners, the City Attorney, the City Manager, and the City Engineer will meet in the City Manager’s office and will return to the Commission Room at 8:38PM. T. VanHoecke seconded the motion. T. VanHoecke, M. Wells, D. Olson and T. Dancer voted yes. K. Salsbury was not present for the vote.
MOTION PASSED BY 4-0 VOTE.
(Time stamp 2:39:01)
MOTION: T. VanHoecke moved to come out of Executive Session. M. Wells seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
MOTION: D. Olson moved for the City Commission to move into Executive Session for the purpose of a discussion of the City’s IT Infrastructure pursuant to the matters relating to security measures exception in K.S.A. 75-4319(b)(12). Open discussion would jeopardize such security measures. Executive session is needed to protect the infrastructure and the public. The (5) City Commissioners, the City Attorney and the City Manager will meet in the City Manager’s office and will return to the Commission Room at 8:55PM. T. VanHoecke seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
(Time stamp 2:56:18)
MOTION: M. Wells moved to come out of Executive Session. T. VanHoecke seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
(Time stamp 2:56:30)
MOTION: T. VanHoecke moved to adjourn. M. Wells seconded the motion. All voted yes.
OCTOBER 15, 2024 MEETING ADJOURNED AT 8:56PM
_______________________________________________________________________
Submitted by:
Lisa A. Lewis, City Clerk

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Horton Street is open for the rest of the night. It is not done so please drive careful from 8th Street to Lakin Drive because the west lane is not paved. Emory, Sapp, and Sons will be back in the morning, and they tell me they will have the asphalt part completely done tomorrow, weather permitting or barring problems. So, with that, please use an alternate route tomorrow instead of Horton unless you live on Horton. This helps ESS but also eliminates slowdowns and possible accidents. Thank you, very much and Happy Halloween!
City of Fort Scott
City of Fort Scott

The asterisk beside the participating store names below indicates they are staying open until 9 p.m.
110 South Main Mercantile*
Angie Dawn’s Boutique*
Barbed Wire & Roses Vintage Market*
Bartelsmeyer Jewelry*
Be the Light Boutique*
Bids & Dibs*
Hedgehog.Ink!*
Iron Star Antiques & Such*
Laree + Co*
Mayco Ace Hardware*
Museum of Creativity*
Sekan’s Occasion Shop*
Sunshine Boutique*
The Artificers*
The Kitchen Collective + Collaborative*
US Cellular*
Varia Quality Resale
History of the Event
The first holiday open house was in 2003 at the Iron Star Antiques and Such, 3 North Main.

Barb Trimbur and Cindy Bowman were vendors in the Iron Star and they decided to host an open house after Trimbur had made an offer to purchase the store from Yvonne Beck and Beck accepted the offer. The deal was finalized in 2004.
“The purpose of the first holiday open house was to introduce myself as the new owner,” Trimbur said. “We were decorating the store and thought, wouldn’t it be nice to have a party to kick off the season.”
Trimbur said about 10 years ago other downtown stores decided to have an open house as well.
Madison said the last quarter of the year, the holiday season, is the busiest time of the year for businesses.

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Fort Scott High School performs Disney’s Frozen Jr. musical at 7 p.m. on Nov. 12, 14, and 16 and at 2 p.m. on Nov. 16 at the FSHS Auditorium.
The music and lyrics for Frozen Jr. are by Kristen Anderson-Lopez & Robert Lopez with a book by Jennifer Lee. It is based on the Disney film written by Jennifer Lee and directed by Chris Buck and Jennifer Lee.
“A story of true love and acceptance between sisters, Frozen JR. expands upon the emotional relationship and journey between Princesses Anna and Elsa. When faced with danger, the two discover their hidden potential and the powerful bond of sisterhood,” according to publisher Music Theatre International.
The production features Junior Junie Fisher as Elsa, Junior Chris Newman as Anna, sophomore Theodore Bowman as puppeteer for Olaf, senior Cooper George as Hans, senior Mykael Lewis as Kristoff, and junior Sypher Cannon as puppeteer for Sven. Eugene Ware students Olivia Ford and Nevaeh Fialkowski play Young Elsa and Young Anna and freshmen Gianna Gorman and Mary Racer portray Middle Elsa and Middle Anna.
Tickets are reserved seating in advance and available at fortscotthighschool.ludus.com. Seating is limited, but some tickets may be available at the door. Adults are $8 and children are $6. A $14 VIP Ticket experience includes the opportunity to meet the Frozen cast and take an exclusive photo, a Frozen gift bag, concession snack, and concession drink.
Frozen Jr. is directed by Theatre Director Angie Bin, Music Director Taylor Jones, Choreographer Abby Stepps, and Assistant Director Mesa Jones.

The plan for the new ice skating rink is to open during the Christmas on the Bricks Festival, Friday, December 7th at the Gathering Pavilion on North National Avenue, according to Diane Striler, project coordinator.
“The high school carpentry class led by Jason Johnson, is starting to build the shed that will house the skates,” said Striler.
“Sharky’s Pub and Grub, 16 N. National will be hosting on Nov. 4th to help us raise funds for the rink,” she said. Ten percent of the net sales that day will be donated to help fund the ice skating rink.
“I have also included links for people who would like to help us with a donation. We are getting closer, but still need a little over $20,000.00.” The total goal of the rink that will last approximately 15 years is $50,000 which includes the skates, rink, sharpeners, and building that will house the skates and take the $5 fee for skating.
See the flyer below to scan and donate to the ice skating rink.
The rink is a new addition to the Christmas on The Bricks festival that began last year in Historic Downtown Fort Scott.



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