CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes of July 20^th, 2021 Regular Meeting #14

The regular meeting of the Fort Scott City Commission was held July 20^th, 2021 at 6:00 p.m. in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners K. Allen, P. Allen, R. Nichols, and L. Watts were present with Mayor J. Jones presiding .

INVOCATION:, Matthew Wells said a prayer asking God for guidance for the City, our Government and City officials.

AUDIENCE IN ATTENDANCE: Peter Earles, Michael Hoyt, Judy Warren, Matthew Wells, Lynette Westhoff, Tim Harper, Carl Brinks, Lyle Brittain, Dave Bruner, Travis Shelton, Jimmy Kemmerer, Martha Scott, Lisa Walther, Nancy VanEtten, David B. Lipe, Sara Ellis, Bob Eckles, Ally Turvey, Valetta Cannon, Jackson Tough, Doug Guns, Forrest Rhodes, and representing the press, Daniel Camp, KOAM TV, and Jason Silvers, the Fort Scott Tribune.

PROCLAMATIONS/RECOGNITIONS: Recognition of Lisa Walther for 25 years of service to the Fort Scott Public Library – Josh said she began her employment in 1996. She led with the remodeling project and through COVID. She was presented with a Certificate of Recognition by the City Commission.

ADDITIONS TO AGENDA: Josh Jones asked that Rob Harrington be added to the agenda under Appearances.

CONSENT AGENDA:

1. Approval of Appropriation Ordinance 1292-A totaling $538,748.47.

2. Request to Pay – HDR Engineering, Inc. – River Intake Project – $54,902.50.

3. Request to Pay – Health Insurance – $1,192.61.

4. Request to Pay – Agricultural Engineering Associates – Mayco Ace Project Inspection – $4,000.00.

5. Request to Pay #3 – Triangle Builders, LLC – Mayco Ace Project – $59,993.00.

6. Resolution 8-2021 – Resolution Setting a Public Hearing with Reference to Alleged Unsafe and Dangerous Structure location at 14 S. Margrave – Public Hearing Date – 9/7/2021 – 6:15 p.m.

7. Resolution 9-2021 – Resolution Setting a Public Hearing with Reference to Alleged Unsafe and Dangerous Structure location at 114 S. Barbee – Public Hearing Date – 9/7/2021 – 6:15 p.m.

8. Resolution 10-2021 – Resolution Setting a Public Hearing with Reference to Alleged Unsafe and Dangerous Structure location at 323 S. Hill – Public Hearing Date – 9/7/2021 – 6:15 p.m.

9. Resolution 11-2021 – Resolution Setting a Public Hearing with Reference to Alleged Unsafe and Dangerous Structure location at 610 S. Heylman – Public Hearing Date – 9/7/2021 – 6:15 p.m.

10. Resolution 12-2021 – Resolution Setting a Public Hearing with Reference to Alleged Unsafe and Dangerous Structure location at 619 S. Ransom – Public Hearing Date – 9/7/2021 – 6:15 p.m.

11. Resolution 13-2021 – Resolution Setting a Public Hearing with Reference to Alleged Unsafe and Dangerous Structure location at 611 S. Ransom – Public Hearing Date – 9/7/2021 – 6:15 p.m.

12. Resolution 14-2021 – Resolution Setting a Public Hearing with Reference to Alleged Unsafe and Dangerous Structure location at 316 S. Main – Public Hearing Date – 9/7/2021 – 6:15 p.m.

13. Resolution 15-2021 – Resolution Setting a Public Hearing with Reference to Alleged Unsafe and Dangerous Structure location at 1517 S. Main – Public Hearing Date – 9/7/2021 – 6:15 p.m.

14. June Financials

L. Watts moved to approve the Consent Agenda. R. Nichols seconded. K. Allen, R. Nichols, L. Watts, and J. Jones voted aye. P. Allen voted no. Motion carried 4-1.

APPROVED CONSENT AGENDA.

Public Comment:

(Sign up required. Comments on any topic not on the agenda and limited to 5 minutes per person, at Commission discretion)

Michael Hoyt – Mr. Hoyt addressed the trees at 12^th and the bypass on Highway 69. He said that they need to be removed on the southbound side. There is only a four second delay on those lights. The trucks need to be slowed down to maybe 40 mph. School will be starting soon. The City needs to take care of potential liability.

Pete asked if the City can control the lights. Travis Shelton will check into this.

Mr. Hoyt also addressed the Human Relations Advisory Board that was on the books back in 1968. He asked that the City Commission reactivate this board.

Josh asked the City Manager to look at this ordinance and see if it needs updated.

Judy Warren – Ms. Warren said that she is 100% behind the advisory boards that the City has.

She also stated that the improvements at the beach at the Lake are wonderful.

City Manager Report and Comments: Jeremy stated that Ally helped with Codes enforcement on eight properties that need addressed. There is $50,000 in the budget for demolition. Kevin asked if we can get the County to waive the dump fees. He said that he has not had any communication with the County about this.

Jeremy said that he interviewed and hired a Public Works Director, Jesse Pohlmann, and a Golf Pro Manager, Bob Haney, and is waiting on a response from a Human Resource Director candidate. He went on a tour with Don George with the Kansas Department of Wildlife and Parks. He met with the Riverfront Authority to remove the observation deck. The City will be accepting bids on this. He met with Old Fort Genealogy on the assessment of the building at Memorial Hall where they are housed. He said that work is ongoing at the beach at Lake Fort Scott, and several improvements for tree removal and cleanup along the shore line. He met with AG Engineering about the micro meat processing facility and the KDOT road and access.

Engineering Firm Update: Jason Dickman, Earles Engineering, Inc. said he would wait until later in the agenda.

Public Hearings:

6:15 p.m. – Resolution Directing the Repair or Removal of an Unsafe and Dangerous Structure located at 14 N. Main.

L. Watts moved to open the Public Hearing at 6:17 p.m. K. Allen seconded. All voted aye.

Josh asked if any citizens wanted to speak on this topic.

Matt Wells – He said that six years ago he tried to do something with the Eagle Block building. He tried to get the roof patched and, unfortunately, it didn’t happen. He said that there are some horrible decisions that have to be made. He thinks changes need to be made in town. He has seen social media posts about heads needing to roll. We are all to blame for this building and the condition it is in. We didn’t make the changes necessary to protect that building. We need a Team Fort Scott that works together as a team. If you’re not part of the solution, you are part of the problem. He said that if there is any way to save the façade of the Eagle Block, it needs to happen. He said he talked to Frank Halsey and conveyed how to save the façade. We don’t need this to happen in the future. We need a Codes enforcer in the City who knows the codes and has the ability to enforce the codes. We need a Governing Body to hold the owners accountable. We need to get Codes out to access the buildings including windows, roofs, and structures. We need to take action now. We need to make sure that this is the last building this happens to. We need to figure out how to get grants for these building. We need to protect Historic Fort Scott.

Josh said that we need to get with Bob Farmer to see how we can enforce property owners to repair these structures.

Matt said that we need to have a contractor’s license and make sure we get a copy of their insurance. He also said that the McDonald Hall building is a concern as well.

Michael Hoyt said that he lived 20 years in Phoenix. They can get a tax credit for what is built behind it. They could build something behind the façade.

Rob Harrington said that he met with the State today. Kayla Savage with CDBG, Patrick with S.H.P.O. and Trisha with the State were also on the call. The Eagle Block building has already received the State Historical designation.

There were no other comments from the audience.

R. Nichols moved to close the Public Hearing at 6:34 p.m. L. Watts seconded. All voted aye.

CLOSED PUBLIC HEARING AT 6:34 P.M.

Director Reports: None

Old Business: None

1. Discussion of Lake Fort Scott repairs/upkeep – Doug Guns, Parks Director, spoke to the Commission regarding improvements at Lake Fort Scott. He said that he would help with A.D.A. accessibility. They will consult with the County to save money on materials. He said that weather permitting they are working at the Lake every day.

Josh said that we are waiting on the sale of the lake lots.

Lindsey said that the City needs to set direction to go out for proposals on how we want the lots sold. We need expert opinion on brokers. She would like to see plans in place. She said that we need a resolution that states how the Lake funds are spent also.

Josh said that Doug needs to get with the Lake Advisory Committee to develop priorities.

Nancy VanEtten said that she is the Chairperson for the Lake Advisory Board. She thanked Doug and his crew for their work on the improvements. She said that the fishing dock and boat ramp needs fixed. She was sent the improvement plans from Doug and she is excited about that. She said that in April the Committee met and provided two deed restrictions that were recommended to the City. Also recommended was that four of the nine lots be sold and that 100% of the funds from the sale are placed into a Lake Fort Scott Improvement fund. She also asked for the City to sign the revised Interlocal Agreement for the Lake Fort Scott Sewer District #1 between the City and the Bourbon County Commissioners. This agreement is needed to allow two current property owners and soon nine more properties to be connected to the sewer district. She has been assured by Justin Meeks and Susan Bancroft that the agreement is in the final review by Bob Farmer. She also asked that the City Commission appoint a new County representative to their board. There are two interested people. She lastly thanked the City maintenance crew for their excellent work on 195^th Street.

Jeremy thanked Jerry Morgan and Bill Lemke and their crew for their hard work.

Susan asked when they would like to take proposals for realtor/brokers.

The Commission determined a bid date of August 2^nd, 2021. A meeting would be held separate from the bid openings.

L. Watts made a motion to go out for proposals for brokers for the sale of the Lake Fort Scott property and submit their best way to sell this property. K. Allen seconded. All voted aye.

APPROVED TO GO OUT FOR PROPOSALS FOR BROKERS OR REALTORS FOR THE SALE OF THE LAKE FORT SCOTT PROPERTY AND SUBMIT THEIR BEST WAY TO SELL THIS PROPERTY.

J. Jones made a motion to go out for proposals for the First Source building also for a broker or realtor. L. Watts seconded. All voted aye.

approved to go out for proposals for the First Source building, also for a broker or realtor.

2. Approval of Ordinance No. 3586 pertaining to operation of golf carts – City Manager explained the ordinance to the Commission to allow golf carts on public streets with additional changes regarding lighting and operation after sunset.

K. Allen moved to approve Ordinance No. 3586. L. Watts seconded. All voted aye.

APPROVED ORDINANCE NO. 3586 AMENDING SECTION 10.04.080 – OPERATION OF GOLF CARTS OF CHAPTER 10.04 (STANDARD TRAFFIC ORDINANCE) OF THE FORT SCOTT MUNICIPAL CODE.

Appearances: Rob Harrington – Bourbon County R.E.D.I. – Rob said that he wanted to discuss with businesses in the County how we can help them. He had some requested changes: 1) Niece Products – Nice road in front of it. Liberty Bell ditches need cleaned out. Water backs up into their parking lot. 2) Internet does not go to the Industrial Park and he means CrawKan. He said that Niece has been doing a lot of work in Africa and does a lot of internet conferencing. 3) Peerless – Need to look at road between the Travel Lodge and Peerless and this road needs fixed. 4) Need runway extended at our Airport. They have a jet they have to land in Nevada because our runway isn’t long enough. 5) Infrastructure – new roads, sewer and water for their facility.

New Business:

1. Approval and adoption of U.S.D.A. Loan Resolution and River Intake/Dam Repair Project – Susan Bancroft, Director of Finance, explained why the resolution was needed. U.S.D.A. has a long process with temporary notes and this starts the process to turn this into General Obligation bonds. This starts that process.

R. Nichols moved to approve Resolution No. 19-2021. L. Watts seconded. All voted aye.

APPROVED RESOLUTION NO. 19-2021 FOR THE CITY COMMISSION OF THE CITY OF FORT SCOTT AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDING ITS DRINKING WATER FACILITY TO SERVE AN AREA LAWFULLY WITHIN ITS JURISDICTION TO SERVE.

2. Approval of Eagle Block deed from the Land Bank to the City of Fort Scott – City Attorney said that it is cleaner if the City owns the property other than the Land Bank.

L. Watts moved to approve to deed the property from the Land Bank to the City of Fort Scott. R. Nichols seconded. All voted aye.

APPROVED TO DEED THE PROPERTY FROM THE LAND BANK TO THE CITY OF FORT SCOTT FOR THE PROPERTY AT 10 N. NATIONAL – EAGLE BLOCK BUILDING.

3. Approval of Eagle Block and CDL Building demolition – Peter Earles said that on Friday night he looked at the building to identify damage. The side walls and the roof had collapsed. The joists were dry rotted. They had been wet for a long time and the wood deteriorated. The roof cannot leak without damage being done. The side walls and front are damaged. The plates were put in years ago with a rod, but they are damaged due to the failure of the roof.

Rob Harrington said that he has talked to S.H.P.O. and the State about funding and the application process. A F.E.M.A. declaration can help with lost wages, insurance, carriers, and A.R.P.A. funding. The State will need a more defined report from the engineer.

City Engineer said he could have a report within 30 days. The basement walls are brick on brick and rock on rock making it unstable. The mortar is gone. Peter Earles said that his opinion is that the wall is not stable.

Carl Brinks, contractor, said that the Hammons building party wall is three layers of brick with windows and making the wall very unstable. The Sharky’s building is in good shape and can be saved. The Hammons building is not in as good as shape in the basement. The CDL building basement is in bad shape with missing mortar. It costs more than 50% of the value of the building and it isn’t worth repairing. The top of the building is tipping in making it difficult to shore up and stabilize.

Matthew Wells said that front wall bowed when they looked at it six years ago.

Frank Halsey had said he thought they could stabilize and save the façade. They would need to spend money to try and figure it out. They would have to build supports on the outside and demo and then support on the outside.

Randy asked the City Manager if we are ready to go out for demolition bid. City Manager said he would have the engineering firm create the bid document.

Pete said that we need to decide if we are going to save the façade on the two end buildings and need to make a decision.

Josh said that he hates to lose any more buildings.

The Commission all agreed that they would like to see Sharky’s closed for the least amount of time as possible.

Rob Harrington said that he talked with the State today. He wanted to correct some numbers he gave earlier. If the façade stays, and it was an income producing property, you can stack the federal and state credits up to 45% tax credits. The Eagle Block building does not qualify for an Urgent Need grant because the roof was already collapsed. He asked the engineer about the Hammons building as the grant has to be written to show that we are saving those other two buildings. We may not get any historical tax credits on this at all, unless it is stated that the façade cannot be saved. The Urgent Need grant would be a CDBG grant to shore up the walls. The County filed a declaration of disaster. It is with the State now and will move to the President. If it is signed, a F.E.M.A. grant can be applied for. He said that he discussed the employees and the loss of wages for them, but the only thing available would be the S.B.A. loan. The State needs a detailed engineering report before proceeding.

Susan said that there has to be cost estimates for the walls and those costs will be difficult to obtain right now.

L. Watts moved to approve to demolish the Eagle Block Building and CDL Building. K. Allen seconded. All voted aye.

APPROVED TO DEMOLISH THE EAGLE BLOCK AND CDL BUILDINGS.

R. Nichols asked about moving forward with bids.

City Manager said that the engineering firm would handle the bids.

Josh said that we need to make this as fast as possible.

Carl Brite said that he is with American Wrecking Services. Their insurance covers up to 12 stories. He explained to the Commission about their demolition process.

Peter Earles said that he can prepare a contract with them and have it ready by tomorrow. This would discuss how to fill the area. He will use his proposal to create a contract.

Discussion was held about a performance and payment bond also.

Josh said that we could hold a special meeting tomorrow to approve the contract.

Reports and Comments:

Commissioner Reports and Comments:

L. Watts – Remarked she wanted to make sure that the resolution for use of funds at Lake Fort Scott will be at the next meeting.

R. Nichols – Remarked that he thinks we made the right decision about the building. He said we possibly could have delayed about the CDL building to get a second opinion. He feels like we made the right decision. We need to insure that people are safe.

Reminded the public that COVID is not dead and to get immunized. He is concerned about the restart of school and businesses.

P. Allen – Pete said that he is concerned about the social media comments about who is responsible for the building conditions. He found the International Maintenance Property Code that the City adopted in 2017.

City Attorney said it is in our best interest not to discuss liability issues in an open meeting. Under the Property Maintenance Code, the City must administer the code. He said he is reluctant for us to discuss who is responsible for this, because we don’t know.

Pete said that this code is for the protection of the citizens. He wants to make sure that City staff knows what it says since we have adopted it. He asked the City Manager to immediately implement the rules and requirements of this code.

K. Allen – Welcomed new Public Works Director to the City of Fort Scott.

Thanked the adjoining businesses for putting up with the City. It’s been a week.

J. Jones – Josh asked that Jeremy and Bob Farmer create a Building Review Board. This board would consist of an engineer, contractor, plumber, electrician and one member at large.

City Attorney Report and Comments: Bob said that he is proud of how the Commission handled the problem downtown with the collapsed building. He is proud of staff also.

Executive Session:

J. Jones moved that the City Commission recess into Executive Session for the purpose of discussing attorney/client privilege in K.S.A. 75-4319(b)(2). The open meeting will resume in the Commission meeting room at City Hall at 8:35 p.m. L. Watts seconded. P. Allen, R. Nichols, L. Watts, and J. Jones voted aye. K. Allen did not vote. This included the City Commission, City Manager, City Attorney, and Forest Rhoades.

J. Jones moved that the City Commission come out of Executive Session at 8:35 p.m. L. Watts seconded. P. Allen, R. Nichols, L. Watts, and J. Jones voted aye. K. Allen did not vote. Motion carried.

Executive Session:

J. Jones moved that the City Commission recess into Executive Session for the purpose of discussing attorney/client privilege in K.S.A. 75-4319(b)(2). The open meeting will resume in the Commission meeting room at City Hall at 8:51 p.m. L. Watts seconded. P. Allen, R. Nichols, L. Watts, and J. Jones voted aye. K. Allen did not vote. This included the City Commission, City Manager, City Attorney, and Forest Rhoades.

J. Jones moved that the City Commission come out of Executive Session at 8:51 p.m. L. Watts seconded. All voted aye. Motion carried.

Adjournment:

J. Jones moved to adjourn the meeting at 8:52 p.m. R. Nichols seconded. All voted aye.

ADJOURNED MEETING AT 8:52 P.M.

Respectfully submitted,

Diane K. Clay, M.M.C.

City Clerk

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of July 19^th, 2021 Special Meeting #16

A special meeting of the Fort Scott City Commission was held July 19^th, 2021 at 5:30 p.m. in the City Commission Meeting Room, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners Kevin Allen, Pete Allen, and Randy Nichols were present with Mayor Josh Jones presiding. Lindsey Watts arrived at 5:34 p.m.

AUDIENCE IN ATTENDANCE: Dave Bruner, Bill Lemke, Lynette Westhoff, Travis Shelton, Tim Harper, Merl Humphrey, David B. Lipe, Patrick Wood, Trent Freeman, Kate Emmett-Sweetser, David Saker, John Bowman, Alex Bowman, Judy Warren, Michael Hoyt, Bobbi Kemna, Carl Brates, Allyson Turvey, Jimmy Kemmerer, Rob Harrington, Susan Bancroft, and representing the press, Tammy Helm, Fort Scott Tribune.

CONSIDERATION:

1. Consideration of Resolution No. 16-2021 regarding the Governing Body’s intent to levy a property tax exceeding the revenue neutral rate – Susan Bancroft, Director of Finance, informed the Commission that this will allow the Governing Body to exceed the revenue neutral rate. The revenue neutral rate is currently 46.963 mills. What the City has looked at for the 2022 budget is a proposed mill levy of 47.701 mills. This will keep the mill levy flat. This gives the Commission more time to evaluate the budget and extends the time to send the budget to the County Clerk. If assessed, valuations go up at the end of October, you can capture those dollars at that time. This gives us the opportunity to hold a special hearing on September 7^th, 2021 at 6:15 p.m. The budget has to be in to the County Clerk by October 1^st in leu of August 25^th. This just gives us more time to evaluate items for the budget.

R. Nichols moved to approve Resolution No. 16-2021 regarding the Governing Body’s intent to levy a property tax exceeding the revenue neutral rate. K. Allen seconded. All voted aye.

APPROVED RESOLUTION NO. 16-2021 OF THE CITY OF FORT SCOTT, KANSAS REGARDING THE GOVERNING BODY’S INTENT TO LEVY A PROPERTY TAX EXCEEDING THE REVENUE NEUTRAL RATE AND HOLD A PUBLIC HEARING ON SEPTEMBER 7^TH, 2021 AT 6:15 P.M.

2. Consideration of Resolution No. 17-2021 – Emergency Resolution for Alleged Unsafe and Dangerous Structure location at 14 N. National Avenue – City Attorney said that we are faced with a public emergency that happened and we need to resolve it safely. The Eagle Block Building at 10 N. National actually belonged to the Land Bank. He has a deed prepared to sign it back to the City and then the City can proceed with the building. The CDL building, who is just the tenant, is located at 14 N. National Avenue. This sets a public hearing tomorrow at your regularly scheduled meeting and tells the public to show up and hear what will be said about the building. The building has been reviewed and the engineers have said it is unsafe. This sets the public hearing for July 20^th, 2021 at 6:15 p.m. No decisions can be made tonight.

K. Allen moved to approve Resolution No. 17-2021 to set an emergency public hearing on July 20^th, 2021 at 6:15 p.m. for the building at 14 N. National Avenue. P. Allen seconded. All voted aye.

APPROVED RESOLUTION NO. 17-2021 – RESOLUTION FOR ALLEGED UNSAFE AND DANGEROUS STRUCTURE LOCATED AT 14 N. NATIONAL AVENUE (CDL BUILDING) – PUBLIC HEARING DATE 7/20/2021 – 6:15 P.M.

3. Discussion of Eagle Block Building – City Manager said that the damage took a turn for the worse in a very short period of time. The engineer has came in and reviewed the building. The engineer has deemed it is unsafe and cannot be saved. There is one bid that was received. He said he had a company reach out to him and could get him a bid by next Wednesday.

Josh said that there was a representative here from American Wrecking Service regarding their bid. His name is Carl Brates. The base bid for the Eagle Block building is $148,500 to include the CDL building also. They can start right away with a week of good weather and it should be completed.

City Manager said after reviewing the building that CDL occupied, he asked for an additional quote.

Kevin asked about liability insurance and to make sure the City is protected. Discussion was held about the demolition materials and where they would be taken to. He doesn’t want to see it used for fill material.

Discussion was held regarding the American Wrecking bid proposal.

Pete said that he would like to see a contract drawn up by our City Engineer. He would also like to see additional bidders.

Mr. Brates said as soon as he has a contract, he will get the City his insurance.

Lindsey said that we need to move forward as quickly as possible on this project.

City Manager said that he has the engineering report he just received from Earles Engineering. He will share that with American Wrecking Company.

Patrick Wood asked if the contractor will do anything to finish off the walls. He asked if the engineers looked at the brick source as there are different types. He said that this should be bid out also.

Trent Freeman said that he owns the Hammons building. He just had the roof repaired and people coming in to work this week on the building. He is concerned with what happened on the CDL building and what could happen to his building. He would like to see a timeline of this project.

Josh said they want to work as quickly as possibly and get the demolition started and work with the engineer.

Kevin said that he missed one of the meetings and he would like to see the wall that is remaining shoved into the basement.

Rob Harrington said that he had an update on the CDBG Grant. Rob said that he talked on the phone with officials today from several State offices. The Eagle Block building has been approved for tax credits. They are 20% tax credits but it is only available if the façade is kept. They are selling at 95% of the cost on the market. The State would also need a copy of the engineering report. He said when the roof collapsed originally the Urgent Need grant should have been filed. They will use the two buildings close by for the Urgent Need Grant as it could cause catastrophic damage to these buildings. The Heritage Trust Fund could also help with the buildings. He said that there were two applications submitted for Urgent Need by the City. One was submitted by Rachel Pruitt and he submitted one. The State has asked that only one be submitted. He will need the engineering report and final numbers for the building to submit to the State. He discussed possible tax credits but again that is only if you keep the façade.

Susan discussed the past downtown fire and lessons the City learned.

The Commission wants Rob Harrington to apply for the Urgent Need Grant on behalf of the City.

City Manager said that the City didn’t apply two times. There were calls made to the State by himself and Rachel.

Rob said that as for monies to reimburse any lost revenue the State has no programs to cover that loss. They mentioned the Revolving Loan fund. Susan said that fund is depleted. That was all the State could suggest.

Josh said that David Toland, Assistant Attorney General, was here on Sunday and met with them.

Dave Lipe said that Sharky’s is his main income and he has 27 employees who live paycheck to paycheck.. He can’t wait a long time. He said that the Commission has to be proactive.

The Commission thanked Mr. Lipe for working with the City.

ADJOURNMENT:

K. Allen moved to adjourn the special meeting at 6:14 p.m. R. Nichols seconded. All voted aye.

ADJOURNED MEETING AT 6:14 P.M.

Respectfully submitted,

Diane K. Clay, M.M.C.

City Clerk

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of July 16^th, 2021 Special Meeting #15

A special meeting of the Fort Scott City Commission was held July 16^th, 2021 at 7:20 p.m. in the City Commission Meeting Room, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners Pete Allen and Lindsey Watts were present with Mayor Josh Jones presiding. Kevin Allen was present on teleconference. Randy Nichols was absent.

AUDIENCE IN ATTENDANCE: Travis Shelton, Rob Harrington, Susan Bancroft Janice Allen, Michael Hoyt and Trisha Prudon with Kansas Department of Commerce was on teleconference.

CONSIDERATION:

1. Consideration of Eagle Block Building – Mayor Jones said that Rob Harrington with Bourbon County R.E.D.I. has some possible funding that could be available to assist with the demolition of this Eagle Block structure.

Josh said that the engineer and the City Manager are at the building looking at it currently.

Rob Harrington said that he knew that there was C.D.B.G. emergency funding available. He explained the process and the safety concerns to help with the shoring up of the building and assist with the process. He said that the first step is for the County to declare a Countywide Emergency Disaster which just happened earlier. The next step is the application process for CDBG emergency funding. He will complete the application himself. The third step is to admit to the State and the fourth step is for reimbursement. These funds can be used to reimburse the City for any shoring up of the building. The funding would be GAP financing. The County is working for FEMA declaration from the storm damage last night.

Susan Bancroft said that we need to show pictures of damage and the time our City workers spent on damage and callout to repair and clean up damage.

There could be possible funding options through Kansas State Historical Preservation Office also.

Pete said that the engineer is looking at the building to see if we can preserve it at all. The façade preservation could qualify for SHPO funding.

Rob said that the process has been started.

Josh thanked Rob Harrington for his assistance and Trisha with the State of Kansas.

ADJOURNMENT:

J. Jones moved to adjourn the special meeting at 7:34 p.m. L. Watts seconded. All voted aye.

ADJOURNED MEETING AT 7:34 P.M.

Respectfully submitted,

Diane K. Clay, M.M.C.

City Clerk

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of July 16^th, 2021 Special Meeting #16

A special meeting of the Fort Scott City Commission was held July 16^th, 2021 at 8:30 p.m. in the City Commission Meeting Room, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners Pete Allen and Lindsey Watts were present with Mayor Josh Jones presiding. Kevin Allen and Randy Nichols were absent.

AUDIENCE IN ATTENDANCE: Dave Bruner, Pete Earles, Allyson Turvey, and Mike Cheney.

CONSIDERATION:

1. Consideration of Eagle Block Building – Mayor Jones said that Peter Earles of Earles Engineering is here to discuss the results of his assessment of the Eagle Block building.

Mr. Earles gave his assessment of the damage of the shared walls between the Eagle Block and the CDL building. He said until this is stabilized it is not safe to have Sharky’s open due to the issue that the building could collapse further. There are joist bearing walls between the two buildings. He called Industrial Salvage Wrecking. One of his employees, Carl, will be here at 10;00 a.m. tomorrow morning. It would be very difficult to save the façade of the building.

ADJOURNMENT:

J. Jones moved to adjourn the special meeting at 8:47 p.m. L. Watts seconded. All voted aye.

ADJOURNED MEETING AT 8:47 P.M.

Respectfully submitted,

Diane K. Clay, M.M.C.

City Clerk

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of July 16^th, 2021 Special Meeting #14

A special meeting of the Fort Scott City Commission was held July 16^th, 2021 at 11:15 a.m. in the City Commission Meeting Room, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners Pete Allen, Randy Nichols, and Lindsey Watts were present with Mayor Josh Jones presiding. Kevin Allen arrived at 11:23 a.m.

AUDIENCE IN ATTENDANCE: Travis Shelton, Jim Harris, Allyson Turvey, John George, and Michael Hoyt.

CONSIDERATION:

1. Consideration of Eagle Block Building – Ally Turvey, Community Development Director, informed the Commission that this morning they had a visit from the owner of the CDL building which is north of the Eagle Block building located at 14 N. National. There was a partial collapse of the Eagle Block building. The top portion of the northeastern section of the building collapsed into the CDL building and left a substantial hole in the CDL building and did cause some flooding in this building also. John George with AG Engineering is present also and has looked at the property.

John George said that the news is not good. He said that part of the Eagle Block building fell in. He showed photos on his phone of the collapse of the building.

Pete asked if that was a community wall. John George said yes it was.

Mr. George said that the building could have been saved if brick work could have been done. The CDL building is not in good shape either. The Fire Department has commenced barricading the alley and the street in front of the building. Dave Bruner, Fire Chief, proposed that CDL needs to get some heavy equipment in and get some of their property out. At that point, the electric needs disconnected except for the sump pump in the basement. If the building is abandoned, the sump pump may not be needed.

Josh asked about the buildings on the rest of the block.

Mr. George said that Sharky’s seems to be stable, but when you have these joists that are inset into the wall, there could be some damage. He said that men with equipment needs to remove the floors and sever the joists on the north wall so no loads are imposed on that wall. The CDL building is partially three stories and the Eagle Block building used to be three stories.

Discussion was held regarding who owns the CDL building. It was announced that they just lease the building.

Josh asked Mr. George if he had a suggestion. He asked if the front of the buildings could be saved.

Mr. George said that the City has a process to declare a building unsafe and dangerous. He said that the Eagle Block building needs to be torn down safely.

Ally said that the process has been started to remove CDL items from the building.

Discussion was held about Sharky’s. Kevin asked if we needed to vacate Sharky’s.

Mr. George said that we need to get these buildings stabilized.

Discussion was held about the upper walls and if they were in danger of falling. Mr. George stated that someone had put in new joists in the CDL building at some time.

Kevin said that we need to act on this and get the CDL building stabilized. He asked about insurance and if we were responsible for this.

Josh said that he was concerned about the wall that was still standing.

City Attorney said that he was concerned also. He asked the engineer how far out into the road the building would fall. Mr. George said that it would block the street. City Attorney said that we are only blocking off a third of the street and sidewalk. His concern is the building is failing and we don’t know how bad the failure is. If it comes out, people on that street could be hurt. He also notices that Sharky’s is fully open and operating. He said if that wall would go more towards their direction, it could be very bad.

Josh said that they aren’t experts.

Pete said that we need to block the whole street. It’s better to be safe than sorry.

Kevin said that we need to vacate Sharky’s and all the buildings for safety reasons. Discussion was held about NuGrille also and if it needed to be vacated.

Discussion was held to shut down National Avenue and the alley and to shut down Sharky’s.

The Commission will meet again at 6:00 p.m. or 7:00 p.m. this evening to discuss this.

Jeremy Frazier, City Manager, said that we will have a better picture this evening.

ADJOURNMENT:

J. Jones moved to adjourn the special meeting at 11:40 a.m. L. Watts seconded. All voted aye.

ADJOURNED MEETING AT 11:40 A.M.

Respectfully submitted,

Diane K. Clay, M.M.C.

City Clerk

NOTICE OF AND AGENDA FOR
MEETING OF
FORT SCOTT CITY COMMISSION
CITY HALL COMMISSION MEETING ROOM

123 SOUTH MAIN STREET
SEPTEMBER 7, 2021
6:00 P.M.

1. Roll Call:

K. Allen P. Allen R. Nichols L. Watts J. Jones

II. Flag Salute:

3. Invocation: Led by: Sergeant Bill Downey, Fort Scott Police Department

4. Approval of Agenda:

5. Proclamations/Recognitions:

6. Consent Agenda:

1. Approval of minutes:

Regular meeting of July 20^th, 2021

Special meeting minutes of July 16^th, 2021 at 11:15 a.m.

Special meeting minutes of July 16^th, 2021 at 7:20 p.m.

Special meeting minutes of July 16^th, 2021 at 8:30 p.m.

Special meeting minutes of July 19^th, 2021 at 5:30 p.m.

Special meeting minutes of July 21^st, 2021 at 5:30 p.m.

Special meeting minutes of July 22^nd, 2021 at 12:00 p.m.

Special meeting minutes of July 23^rd, 2021 at 8:00 p.m.

Regular meeting of August 3^rd, 2021 at 6:00 p.m.

Special meeting minutes of August 5^th, 2021 at 6:00 p.m.

Special meeting minutes of August 10^th, 2021 at 6:00 p.m.

Regular meeting of August 17^th, 2021

2. Approval of Appropriation Ordinance 1295-A totaling $2,361,232.55.

3. Certificate of Appropriateness – Signage – Barbed Wire & Roses Vintage Market – Recommend approval by Design Review Board

4. Certificate of Appropriateness – Alterations – 20 S. Scott – Replacement of in-kind and alterations to current structure – Recommend approval by Design Review Board

5. Request to Pay #1 – Owenby Masonry & Associates – Eagle Block and CDL Building – 14,625.00

3. Engineering Firm Update:

3. Public Comment:

(Sign up required. Comments on any topic not on agenda and limited to five (5) minutes per person, at Commission discretion)

3. Public Hearings:

6:00 p.m. Neutral Rate and Proposed Tax Rate Public Hearing

6:10 p.m. 2022 Budget Public Hearing

6:15 p.m. Resolution 22-2021 Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure located at 114 S. Barbee Street

6:15 p.m. Resolution 23-2021 Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure located at 619 S. Ransom Street

6:15 p.m. Resolution 24-2021 Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure located at 323 S. Hill Street

6:15 p.m. Resolution 25-2021 Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure located at 14 S. Margrave Street

6:15 p.m. Resolution 26-2021 Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure located at 510 S. Heylman Street

6:15 p.m. Resolution 27-2021 Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure and Accessory Structure located at 611 S. Ransom Street

6:15 p.m. Resolution 28-2021 Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure and Accessory Structure located at 316 S. Main Street

6:15 p.m. Resolution 29-2021 Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure and Accessory Structure located at 1517 S. Main Street

6:15 p.m. Application for CDBG Funds – Sanitary Sewer System Improvements for the purpose of considering an application for CDBG funds on behalf of the City.

6:30 p.m. Performance Public Hearing Notice for CDBG CV Funds for the purpose of evaluating the performance of Grant No. 20-CV-022 which was for Economic Development and Micro Grants.

3. Old Business:

3. 1. Resolution No. 21-2021 – Resolution establishing a restricted fund account for proceeds from real estate property sales at Lake Fort Scott from the sale of four (4) lots

3. Appearances:

Rob Harrington, Bourbon County R.E.D.I.

Tom Robertson & Tom Havron – Ty Cullor Field Discussion

C.H. Felt – Closure of street behind V.F.W. Post #1165 for September 11^th, 2021 event

Alison Leach – Monarch Habitat for Gunn Park

3. Finance Director Update:

3. 1. Change of billing for Lake Fort Scott residents from the 15^th of each month to the 22^nd of each month effective December 2021 billing

   2. K.D.O.T. Cost Share Application Submittal

3. Interim City Manager Update:

3. New Business:

3. 1. Certificate of Appropriateness – Alterations to Windows – 6 N. Main – Design Review Board did NOT recommend approval of this submission

   2. Consideration to repeal Ordinance 2563 – Section 12.12.070 – Pavement

Excavation-Procedure, Section 12-12-080 – Unimproved Street – Procedure – Exception, and Section 12.12.110 – Replacement of Materials – Exception

3. 3. Consideration to pay – J R Radell – 3^rd Street Ballpark Project

   4. Consideration to pay – Skitch’s Hauling – 3^rd Street Ballpark Project

   5. Consideration to bid – Sewer CIPP

   6. Consideration to Bid – River Intake Project – Phase II

   7. Consideration of bid – Cooper Street

   8. Consideration of bid – Horton Street

   9. Consideration of Earles Engineering Proposal – 17^th Street & Eddy Drainage Improvements – $28,800

   10. Consideration to purchase police cars from Kansas Highway Patrol

   11. Consideration of allocation to Bourbon County C.A.S.A. of the 6^th Judicial District

   12. Discussion of removal of military bridge

   13. Approval of $20.00 towards City employee health insurance starting October 1^st, 2021

   14. Consideration of appointment of David Stewart to the Lake Advisory Board

   15. Discussion of minimum bid requirements – one single family dwelling per lot

   16. Discussion of four Lake Fort Scott properties for sale

   17. Discussion of First Source Building for sale

   18. City Manager Search Update

XIII. Reports and Comments:

a) Commissioners Reports and Comments:

b) City Attorney Reports and Comments:

XIV. Executive Session – If requested, (please follow script in all motions for Executive Sessions)

XV. Adjournment: