CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes of November 21, 2023                                       Regular Meeting

The regular meeting of the Fort Scott City Commission was held November 21, 2023 at 6:00PM in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners T. Van Hoecke, K. Harrington, E. Woellhof, and M. Guns were present with Mayor M. Wells.

PLEDGE OF ALLEGIANCE AND INVOCATION:  E. Woellhof led the Pledge of Allegiance and said a prayer asking God for guidance for the City, our Government and City officials.

AUDIENCE IN ATTENDANCE:  Brad Matkin/City Manager, Bob Farmer/City Attorney, Jason Dickman/Earles Engineering, Jason Pickert/Chief of Police, Scott Flater/Water Utilities Director, Tammy Matkin, Shane Lamb, Kevin Allen.

APPROVAL OF THE AGENDA:

1. Wells stated there are (2) amendment requests for the submitted agenda. 1. ADDITION TO CONSENT AGENDA – requested by Jason Dickman/Earles Engineering and Inspection to add a request to pay Invoice #10052302 from EPEC for the UV Upgrade – $286,540.20 to be Item F and 2. ADDITION TO OLD BUSINESS – requested by Matthew Wells for approval of the Certificate of Appropriateness for the Fort Scott Pavilion recommended by the Design Review Board on November 21, 2023 to be Item F and B. Matkin requested that Kevin Allen be extended additional time to address the Commission under Public Comments.

1. VanHoecke asked if the (2) items that came in late could wait until the next meeting or if they were an emergency. M. Wells stated that the Old Business item is for the Fort Scott Pavilion and needed to be approved so that construction and drilling could begin on the project immediately. T. VanHoecke asked B. Matkin if he was aware of the additions.  B. Matkin stated that he was only made aware of the pavilion item after the Design Review Board meeting that afternoon and that (the drilling) had already started.

1. Harrington moved to approve the amended agenda. E. Woellhof seconded. All voted aye.

APPROVED THE AMENDED AGENDA

CONSENT AGENDA:

– Approval of Minutes of the Regular Meeting of November 7, 2023, and Minutes of Special Meeting of November 13, 2023.

– Approval of Appropriation Ordinance 1348-A – $257,614.70

– Request to Pay – Gilmore & Bell – Invoice #8052257 – Preparation of transcript documents, assembly of transcripts, bond printing, and examination of transcript and rendering approving opinion, in relation to the issuance of General Obligation Bonds, Series 2023 for $4,925,000 to the City of Fort Scott Matter No. 600234.2003 – Amount due – $25,000.00.

– Change Order No. 3 – 17^th & Eddy Storm Water Project – widen west 15^th at National for approximately 85 feet to straighten the BOC with the entrance to True Value. Increase of $10,000.00 approved by City Manager 11/15/2023 to ensure continuation of work – B. Matkin

– October Financials

1. Wells asked B. Matkin about the Franchise Fees for the cell services. B. Matkin stated that he has researched it and is currently working with the City Attorney on this item.

540. VanHoecke moved to approve the Consent Agenda with the addition of Item F for the request to pay EPEC $286,540.20 for the UV upgrade. K. Harrington seconded. All voted aye.

APPROVED THE CONSENT AGENDA WITH ADDITION OF ITEM F.

PUBLIC COMMENTS:

Kevin Allen – M. Wells called K. Allen to the podium to speak with no time limit as requested. K. Allen addressed the Commission to request that the City invest in the community by helping financially with his improvements to Aunt Toadies with a grant. He stated that Aunt Toadies is currently the only restaurant on the East side of town. The improvements would be (Phase I) to replace outdated kitchen equipment, (Phase II) renovating the home behind the restaurant to be used for reserved seating area, and (Phase III) to build a Pickleball Court.

Discussion was had about options. K. Allen was directed to request the Small Business Incentive Program that will hopefully be approved this evening and hopefully be the first applicant and potential model recipient.

OLD BUSINESS:

Approval of 2024 City of Fort Scott Holiday Schedule

1. Matkin stated that the (2) changes to the current year’s schedule are the addition of a floating holiday and October 14^th. M. Guns moved to approve the 2024 City of Fort Scott Holiday Schedule as submitted.           E. Woellhof seconded. All voted aye.

APPROVED THE 2024 CITY OF FORT SCOTT HOLIDAY SCHEDULE

Approval of Common Consumption Ordinance for the City of Fort Scott- Historic Downtown District

1. VanHoecke moved to approve Ordinance No. 3756 Expanding the Common Consumption Area. K. Harrington seconded. All voted aye.

APPROVED ORDINANCE NO. 3756 EXPANDING THE EXISTING COMMON CONSUMPTION AREA.

Approval of amended parking lot lease for DCF building

1. Harrington moved to accept the first amendment to the lease between Silverrock Ventures LLC and the City of Fort Scott, Kansas. M. Guns seconded. All voted aye.

APPROVED THE FIRST AMENDMENT TO THE LEASE BETWEEN SILVERROCK VENTURES LLC AND THE CITY OF FORT SCOTT, KANSAS.

Consideration of bids for window replacements of Gunn Park Shelter Houses 2 & 6 – Tabled from 11-7-2023.

976. VanHoecke moved to accept the low bid from Home Depot for $8,976.00 without tax and not installed. K. Harrington seconded. All voted aye.

APPROVED TO ACCEPT THE LOW BID FROM HOME DEPOT FOR $8,976.00.

Consideration Small Business Incentive Program – M. Wells

1. VanHoecke moved to approve the program as changed (in the work session). M. Guns seconded. All voted aye.

APPROVED THE SMALL BUSINESS INCENTIVE PROGRAM

Consideration of approval of the Certificate of Appropriateness for the Fort Scott Pavilion

1. Harrington moved to approve the Certificate of Appropriateness for the Fort Scott Pavilion. M. Guns seconded. All voted aye.

APPROVED THE CERTIFICATE OF APPROPRIATENESS FOR THE FORT SCOTT PAVILION.

APPEARANCES:

Scott Flater/Water Utilities Director addressed the Commission to update that the Proteus Probe was received on November 8^th, 2023. A meeting was held for training by Zoom on November 15^th, 2023. They have begun using the probe since and collecting data. The results of the probe readings from 11/15/2023, 11/16/2023, 11/18/2023, and 11/22/2023 and an ADM Quantity and Consistency Report from 1/2022 – 9/2023 were distributed to the Commission for discussion.

Jason Pickert/Chief of Police addressed the Commission regarding the grant for $18,000.00 that was awarded to purchase body-worn cameras.

Shane Lamb addressed the Commission to request an update on his request for abatement of all mowing assessments from his property previously known as The Fort Scott Manor. He stated he is coming before them tonight to get a clear title to close with his bank during the first week of December to begin construction on a 22-unit rental. M. Wells asked if S. Lamb would be able to provide a financial commitment from his bank.  Mr. Lamb agreed. Further discussion was had on previous requirements needed and requested from the Commission.  T. VanHoecke checked the November 15, 2022, minutes for the amount owed that was recorded.  The history of the request was reviewed.  M. Wells stated that if S. Lamb could provide a financial commitment from his bank, he felt confident that we could move forward with waving the special assessment fees.

1. VanHoecke moved to approve the request to waive the special assessment fees up to $9,000.00 for the Fort Scott Manor property once the required permits are obtained, approval by the Fire Marshall and financial commitment papers are submitted by Shane Lamb. M. Wells seconded. All voted aye.

APPROVED TO WAIVE THE SPECIAL ASSESSMENT FEES UP TO $9,000.00 FOR THE PROPERTY CURRENTLY KNOWN AS THE FORT SCOTT MANOR AFTER THE REQUIRED PERMITS ARE OBTAINED AND APPROVAL FROM THE FIRE MARSHALL AND THE FINANCIAL COMMITMENT STATEMENT IS RECEIVED BY THE CITY.

NEW BUSINESS:  

Consideration of City Manager contract –   M. Wells stated that he is happy to inform citizens that the current City Manager, Brad Matkin has acquiesced to the Commission’s request to stay on and help continue to guide our city into the future.   M. Wells stated he is looking for a motion and a second to move forward with the contract to keep Brad here for the foreseeable future.

1. VanHoecke moved to approve the revised City Manager contract for Bradley L. Matkin for the City of Fort Scott with the one item that was added which was regarding performance metrics. M. Wells seconded. seconded. T. VanHoecke, M. Guns and M. Wells voted yes.
2. Harrington and E. Woellhof voted nay.

APPROVED THE REVISED CITY MANAGER CONTRACT FOR BRADLEY L. MATKIN FOR THE CITY OF FORT SCOTT INCLUDING THE ADDITIONAL ITEM PERTAINING TO PERFORMANCE METRICS.

Discussion was had between Commissioners regarding the contract.

Consideration of Letter of Interest for Danny Craig to the Parks Advisory Board

1. VanHoecke moved to approve Danny Craig for a position on the Parks Advisory Board. M. Guns seconded. All voted aye.

APPROVED TO APPOINT DANNY CRAIG FOR A (3) YEAR TERM ON THE PARK ADVISORY BOARD.

Consideration of 2023 Christmas Parade Permit

1. Wells moved to approve the application for the 2023 Christmas Parade Permit. T. VanHoecke seconded. All voted aye.

APPROVED THE APPLICATION FOR THE 2023 CHRISTMAS PARADE PERMIT.

Consideration of Change Order No. 3 – Bennett, Inc. – Project No. 22-PF-016-2022 CDBG Sanitary Sewer Project – Final measured quantities – Jason Dickman/Earles Engineering and Inspection requested approval of the final change order contingent upon CDBG’s approval.  T. VanHoecke moved to accept the change order for the 2022 CDBG Sanitary Sewer project and the amount of a reduction of $14,727.00.  K. Harrington seconded. All voted aye.

APPROVED CHANGE ORDER NUMBER (3) FROM BENNETT, INC. PERTAINING TO FINAL MEASURED QUANTITIES FOR THE 2022 CDBG SANITARY SEWER PROJECT, AND THE REDUCTION OF $14,727.00.

Request to Pay – Bennett, Inc. – Project No. 22-PF-016 – 2022 CDBG Sanitary Sewer Project – Contractor’s Application for Payment No. 6 (Final) – $164,623.89

623. Guns moved to approve final payment number (6) in the amount of $164,623.89 to Bennett Construction for the CDBG Sanitary Sewer Project contingent on the CDBG final approval. E. Woellhof seconded. All voted aye.

APPROVED TO PAY BENNETT, INC $164,623.89 AS FINAL PAYMENT FOR THE 2022 CDBG SANITARY SEWER PROJECT. RELEASE OF PAYMENT IS CONTINGENT UPON FINAL APPROVAL FROM CDBG.

1. Matkin thanked the citizens for their cooperation during the sewer project and stated that Bennett, Inc. is “top-notch” and was great to work with as a contractor with excellent communication. M. Wells and J. Dickman agreed.

Consideration to go out for bid of Lake Fort Scott boat ramp – B. Matkin stated that according to the City’s Purchasing Policy, we will need to go out for bids for the boat ramp repair, but it will need to be a short bidding time due to winter weather coming.  B. Farmer stated that bids are not required for this project because it is a maintenance project.  B. Matkin stated he would like to follow the Purchasing Policy and go out for bid.

1. Wells moved to go out for bid for the Lake Fort Scott boat ramp repair work with bids to be opened in one week and engineered by the contractor. Bid was struck. Commission directed B. Matkin to go out for bids.

Consideration to combine CCLIP US-54 Projects – Funds to come from the individual departments.  J. Dickman explained that combining Phase I and Phase II of the project, instead of doing them separately. He stated that the state wants to execute the agreement for Phase I and then the city will apply for Phase II with a supplemental agreement if the Commission agrees to combine the projects. This will push the project to bid in the summer of 2025. J. Dickman stated that the benefit of combining the projects has benefits on the construction side with efficiency, cost, and timing. He explained the future of the project.

1. Wells moved to combine the CCLIP US-54 projects Phase I and Phase II. K. Harrington seconded.

APPROVED TO COMBINE THE CCLIP US-54 PROJECTS PHASE I AND PHASE II.

Further discussion was had about the benefits of combining the projects.

Lake Properties discussion – T. VanHoecke stated that a complaint was made to him and the City Manager from a Lake resident, regarding an individual who was using city-owned property (at the lake) to run a business. Equipment was left parked there and the appearance is not right.  T. VanHoecke went to check out the complaint and there appears to be more than one instance.  He met with the City Attorney for options. T. VanHoecke would like to have the Commission direct the City Manager to work with Earles Engineering to finish surveying (6) lake lots that are currently in progress and then have the Commission consider the properties’ futures. He stated that there are also second-tier properties to consider as well. He suggested that the sale of the lots could possibly be a resource for economic development funds, housing funds, Memorial Hall repair funds and possibly take some of the work off city crews who are maintaining those spaces. He asked the Commission to think about it and possibly bring it back to discussion at the next meeting. He also asked the Commission to support having Earles Engineering complete the surveying of (6) lots already in progress to determine what to do with all the land that is at the lake and not currently benefiting the city.

Further discussion was had about the history of the lake properties and considerations to keep in mind, sewer requirements and possible violations, annexation, and Lake Fund usage.  J. Dickman commented on lake lots and options for the Commission’s consideration.

1. VanHoecke left the room and returned.

1. Woellhof left the room and returned.

City Manager comments

Engineer’s comments

Commissioner comments

City Attorney’s comments

1. VanHoecke moved to adjourn the meeting at 8:00PM. E. Woellhof seconded. All voted aye.

MEETING ADJOURNED AT 8:00PM

Next Meeting:

REGULAR CITY COMMISSION MEETING – Tuesday, December 5, 2023, at 6:00PM

Submitted by:

Lisa A. Lewis, City Clerk

NOTICE OF AND AGENDA FOR REGULAR        

MEETING OF FORT SCOTT CITY COMMISSION

CITY HALL COMMISSION ROOM – 123 SOUTH MAIN ST.

December 5, 2023 – 6:00 P.M.

1.   Roll Call:
2.     VanHoecke       K. Harrington      E. Woellhof        M. Guns         M. Wells
3.   Pledge of Allegiance & Invocation:  M. Wells

III.    Approval of Agenda:

1. Consent Agenda:
2. Approval of Minutes of the Regular Meeting of November 21, 2023
3. Approval of Appropriation Ordinance 1349-A – $573,833.97
4. Request to Pay – EPEC – Invoice #11202301 – Phase II Aeration Upgrade – $537,301.70
5. Request to Pay – J. Richardson Construction – Project No. 21-307 – 17^th & Eddy Stormwater Improvements – Payment Application No. 7, period ending 11/13/2023 – $17,778.77
6. Request to Pay – Bennett, Inc. – Project No. 23-005B – Infantry Substation Sanitary Sewer Relocation – Contractor’s Application for Payment No. 1 –    $172,482.75
7. Request to Pay – Nowak Construction Co., Inc. – Project No. 22-305 – South Industrial Waterline Extension – Contractor’s Application for Payment No. 1,     period ending 11/29/2023 – $119,472.30
8. Approval of Ordinance No. 3757 – AN ORDINANCE AMENDING THE FORT SCOTT STORMWATER USER CHARGE AND REPEALING ORDINANCE NO. 3597 FOR THE CITY OF FORT SCOTT, BOURBON COUNTY, KANSAS, PURSUANT TO THE FORT SCOTT MUNICIPAL CODE, CHAPTER 13.24.121
9. Approval of Ordinance No. 3758 – AN ORDINANCE SETTING NEW WATER RATES AND REPEALING ORDINANCE NO. 3755 FOR THE CITY OF FORT SCOTT BOURBON COUNTY, KANSAS, PURSUANT TO THE FORT SCOTT MUNICIPAL CODE, CHAPTER 13.04.030
10. I. Approval of Ordinance No. 3759 – AN ORDINANCE INCREASING THE BASIC MONTHLY CHARGE FOR SANITARY SEWER RATES IN THE CITY OF FORT SCOTT BY AMENDING CHAPTER 13.24.100 AND 13.24.110 OF THE FORT SCOTT MUNICIPAL CODE AND REPEALING ORDINANCE NO. 3596
11. Public Comment:   Sign up required. Comments on any topic not on agenda

and limited to five (5) minutes per person, at the Commission’s discretion.

1. Old Business:

1. Advisory Boards Update – B. Matkin
2. Lake Property Continued Discussion – T. VanHoecke

VII.    Appearances:

1. Christin and Chad Young from Lawrence, KS – Request to hold Tent Revival Event at Memorial Hall
2. Seth Needham – Cub Scout Pack 114 Soapbox Derby – Good Ol’ Days 2024
3. Kirk Sharp – Kansas Museum Conference 2024
4.  New Business: 
5. Consideration of Water Crane rates for 2024
6. Consideration of CD bids for reinvestment
7. Consideration of 2024 MOU – IT Support for City of Fort Scott – Shared Services with Bourbon County
8. Consideration of January 2, 2024, and January 16, 2024, City Commission Meetings

1. Reports and Comments:
2. City Manager Comments:
3. Engineering Comments:
4. Commissioners Comments:
5. VanHoecke –
6. Harrington –
7. Woellhof –
8. Guns –
9. Wells –

1. City Attorney Comments:
2.  Executive Session:

XII.     Adjournment:

Next regular meeting scheduled:  Tuesday, December 19, 2023, at 6:00PM