CITY OF FORT SCOTT CITY COMMISSION MEETING
Minutes of February 24, 2025 Regular Meeting
A regular meeting of the Fort Scott City Commission was held at 6:00PM in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas. The meeting was streamed live on YouTube.
The meeting was called to order at 6:00PM (0:19). VAN HOECKE stated that this was the rescheduled meeting from February 18, 2025 (due to weather) Roll call was taken. Commissioners Dyllon Olson, Matthew Wells, Tracy Dancer and Kathryn Salsbury were present with Mayor Tim Van Hoecke.
In Attendance – Brad Matkin/City Manager, Bob Farmer/City Attorney, Jason Dickman/City Engineer-Earles Engineering & Inspections, Inc., Chief Jason Pickert/FSPD, Norm Nation/Lead Codes Enforcement, Mary Wyatt/Planning, Housing & Business Development Director, Lisa Dillon/Housing & Community Development Coordinator, Devin Tally/City Finance Manager, Lisa Lewis/City Clerk, Zachary Bradley, Shelly Bradley, and Michael Hoyt.
VAN HOECKE led the Pledge of Allegiance and said a prayer asking God for guidance for the City, the citizens, and our Government and City officials.
Approval of Agenda (2:02)
VAN HOECKE requested tabling Item E/New Business/Action Items (Consideration to Approve Members of the Board of Zoning Appeals) until the next meeting. The City Clerk was directed to advertise for the open position due to residency requirements in the Ordinance.
WELLS requested the addition of an Executive Session between Items C & D/New Business/Action Items.
MOTION: OLSON moved to approve the Agenda as presented with the removal of Action Item E/New Business and the addition of an Executive Session after Item C/New Business. VAN HOECKE seconded.
MOTION CARRIED 5-0.
Approval of Consent Agenda (4:05)
- Approval of Appropriation Ordinance 1378-A – Expense Approval Report – Payment Dates of January 30, 2025 – February 11, 2025 – $435,193.60
- Approval of Minutes: February 4, 2025
- Request to Pay – Earles Engineering & Inspection, Inc. – Invoice 17807 – Project No. 24-414 Horton St. & 6th Improvements – Payroll – $23,262.07
- Request to Pay – Earles Engineering & Inspection, Inc. – Invoice 17733 – KDOT Project 06 KA-6898-01 Pay Estimate 9 – 23-15A US-54 CCLIP Phase I – Direct Salary, Overhead, and Fixed Fee – $23,736.49
- Request to Pay – Heck & Wicker, Inc. – Payment No. 8 – Project No. 24-414 Horton St. & 6th Improvements – $26,678.45
- Request to Pay – Olsson – Invoice 524497 – AIP Project No. 3-20-0022-024/025-2025 – Grading and Runway Lighting – Design & Bidding Fee – Phase 1 – $33,480.00
- January Financials
MOTION: WELLS moved to approve the Consent Agenda as presented. DANCER seconded.
MOTION CARRIED 5-0
Public Comments (4:31) – None
Appearances (4:35) – None
Unfinished Business
Status of 118 E. Wall (4:44) – MATKIN gave an status update. FARMER created a Release of Liability Waiver, and the owners of the building came back with a revised copy. FARMER is reviewing the revised copy. (3) local contractors are willing to look at the building but access has been hindered by the weather.
Discussion was had about requirements the Commission decided on to reopen the building; release of liability waiver, proof of insurance and Codes access to the building annually.
The insurance company contacted the City, but needs the red tag removed to consider insuring the building. No further contact has been had with the insurance company.
FARMER stated he did not see any significant changes in the building owner’s revised document, but it is important to get into the building with the insurance agent and that hasn’t happened.
SALSBURY commented on where she saw the disconnect between the building owner and the City.
MATKIN stated the last communication with the insurance company was February 5th.
FARMER stated that you are not interested in quotes, you are interested in policy.
Further discussion was had on the Commission’s course of action.
ACTION: MATKIN will continue working with Codes and get some answers to update at the next meeting.
VAN HOECKE requested that the Letters of Interest for the Board of Zoning Appeals be moved to the March 18th meeting. CITY CLERK stated that there is a Public Hearing for the BZA scheduled for March 14th for a variance. Decision to remain on the agenda for March 4th.
New Business
Public Hearing:
Zachary Bradley – Vacation of Alley between 1418 Wall and 1416 Wall
MOTION: WELLS moved to open the Public Hearing (12:35). DANCER seconded.
MOTION CARRIED 5-0
BRADLEY wants to build a salon on the property, and it is zoned as mixed use. The alley has been a shared driveway, not a road. BRADLEY’S wife’s grandmother owns the property on the other side of the alley, requested to be vacated. The alley was plotted as Grant Street, but a house was built across Grant on the other side of the road. The alley may have been left for access to water and sewer lines but there are structures built in the alley that restrict access. BRADLEY wants to vacate the alley to get a few more feet on the narrow lot and the City wants to ensure continued access to the alley for utilities because there is a (2)-inch galvanized line and an (8)-inch clay sewer line running down the back alley. The current code requires an (8)-foot setback from the property line on Wall Street.
Discussion was had on options to satisfy the request.
MOTION: OLSON moved to close the Public Hearing (24:14). SALSBURY seconded.
MOTION CARRIED 5-0.
ACTION: MATKIN will work with Codes for the necessary verbiage for FARMER to create a document for MRS. BRADLEY’S grandmother to sign. This item will come back to the Commission for consideration on March 4th, 2025.
Action Items:
Credit Card Purchasing Charges (25:10) – TALLY distributed a chart titled Tyler Payments Fee Schedule illustrating the fees charged for the water (bills) credit card processing. Currently the City pays all credit card processing fees across all departments including water, golf course, aquatic center. Buck Run does charge a processing fee already. In 2024, the City spent approximately $50,000.00 in processing fees and a majority of that comes out of the water fund. Bourbon County charges a 2.5% transaction fee to cover their credit card processing costs. TALLY requested that the Commission allow him to research options to alleviate the charges that the City currently incurs.
MOTION: (27:00) WELLS moved to allow TALLY to research the legality of passing on the fees. SALSBURY seconded.
MOTION CARRIED 5-0.
Discussion of Projects for Grant Opportunities (27:34) – WYATT and DILLON presented upcoming opportunities for the Spring round of grant applications. Her request is that the Commissioners decide which project they would like her to focus on for application in 2025. The KDOT Cost Share Grant is time-sensitive with the deadline being mid-March. The award maximum is $1 million with the Cost Share portion being 15%. The award date last year was mid-June. The City previously applied for it last Spring and was awarded the full $1 million for the East National Project. The project options she suggested are: Phase II of the East National Project (East National and Margrave, south of Margrave up the hill as far as the award would allow); Broadway from Wall Street to Charles and from 6th Street to Horton (redo road, water infrastructure and bike lanes); Main Street from Third Street to East National (redo road, water infrastructure and bike lanes); Second Street from National to the end of the City limits (redo road and water infrastructure); Marblecrest Drive from Horton to loop, then Marblecrest Terrace to Horton (redo road and water infrastructure); Crescent Drive (road and water infrastructure).
ACTION: WYATT will email the options discussed to all Commissioners for their review.
Discussion was had on the options presented, other areas of need to be addressed in the future and the upcoming vote to renew the 1% sales tax. The Wall Street CCLIP project, and the current application of Phase III of that project were discussed.
WYATT stated bike lanes were included in the application last year for East National and the section of the road we were approved for was from the intersection of National and East National all the way to the railroad which is 6.7 miles but will make a huge difference in that area that has some flooding. She stated we were considering doing a Phase II and a Phase III which would be from the railroad on East National to the National Cemetery and then from Margrave and East National south on Margrave because there’s flooding there also.
SALSBURY stated there is a need for a sidewalk on 23rd Street and asked that she keep that on her radar. WYATT stated that they are looking at other grant opportunities to specifically address the sidewalks without having to do the roads immediately.
WELLS asked about the CDBG Grant for Memorial Hall. WYATT stated that SEKRPC (Southeast Kansas Regional Planning Commission) applies for the CDBG grants on behalf of the City. They did apply for a grant for Memorial Hall last year, but we did not get awarded the project. SEKRPC is awaiting feedback to adjust the next application. She stated she was told that it not uncommon to be declined the first time on a project application.
WYATT stated there are several different categories for the CDBG Grant. She would like to know if they would like to try Memorial Hall again. The scope of the project is: replacing all windows, miscellaneous tuckpointing, and small roof area in need of repair; $800,000.00 is the maximum for that grant.
ACTION: WYATT will email the Commissioners the other category options for the CDBG Grant.
DILLON briefly addressed the Commission about the need for childcare in the community and will include the possible grant options in a shared email with WYATT.
ACTION: WYATT stated that she has received all the feedback for the business license survey that was distributed to local businesses. She will distribute those results by email as well.
Christmas Tree Approval (38:39) – MATKIN stated that $25,000.00 was put in the budget to purchase a new City Christmas Tree. The current tree is (25) feet and well over (20) years old. It is in very bad shape. The quote he is recommending to the Commission is for a (26) foot traditional fir tree with a (4) foot star from Creative Displays in Lenexa, KS for the amount of $21,643.89. This choice is closer and made in America.
SALSBURY asked if the City might consider planting a real tree. A brief discussion was had regarding the sustainability of a real tree as an option.
MOTION: OLSON moved to approve the bid from Creative Displays for the purchase of a new Christmas tree. DANCER seconded.
MOTION CARRIED 5-0.
MOTION: WELLS moved that the City Commission recess into an Executive Session for the purpose of discussion pursuant to the attorney-client privilege exception in K.S.A. 75-4319(b)(2). The session will be held in the City Manager’s office with the (5) City Commissioners, City Manager and City Attorney. The open meeting will resume in the Commission Room at 6:58PM. OLSON seconded.
MOTION CARRIED 5-0.
MOTION: VAN HOECKE moved to come out of Executive Session. SALSBURY seconded.
MOTION CARRIED 5-0.
Consideration to Amend Verizon Tolling Agreement (58:23) – FARMER explained that the original Tolling Agreement they entered into with Verizon will expire in March. This amended agreement allows Verizon more time (until June 5, 2025) to work through the process to move the tower to another location. He stated they offered to do the Tolling Agreement instead of their option to go to federal court.
MOTION: OLSON moved to approve the Tolling Agreement with Verizon. SALSBURY seconded.
MOTION CARRIED 5-0.
Reports and Comments
CITY ENGINEER (1:01:49)
– Horton Street Project Update – verifying schedule with Heck & Wicker to begin grinding. Hope to be completed by the end of March.
– Phase III CCLIP application – Exhibit due March 28, 2025. First submittal was not approved. March 26th will be the field inspection for Phase I.
ACTION: DICKMAN will send the project file link to the MATKIN.
CITY MANAGER (1:04:49)
– Proud of the citizens, staff and the City crews who were all one department for handling the storm.
– The storm brought up the issue of a depleted fleet of trucks that need to be addressed. Looking into a lease program for trucks instead of the excavator scheduled in the CIP for $300,000.00. He is working with BakerTilly. He will come back to the Commission when they have a plan.
CITY ATTORNEY (1:12:34) – No comments.
COMMISSIONER WELLS (1:12:40)
– Land Bank meeting – Attorney to present on Land Bank issues at the March 17, 5:00PM Land Bank meeting, working on the Land Bank Ordinance to include a County Commissioner again. He was thankful for the crews and the citizens during the storm; something to be proud of.
– Addressed misunderstandings and miscommunications he is being made aware of through social media. He encourages citizens to reach out to Commissioners (emails are on the City website). If you have questions, the Commissioners are happy to engage with the citizens as opposed to posting hypotheticals on the social media platforms. Commissioners and City Manager will get you the answers you are looking for.
– WELLS and OLSON are planning a Town Hall soon. Details to be announced.
COMMISSIONER OLSON (1:17:18)
– Agrees with WELLS. Whether on the winning side or losing side of a vote, he respects it. Dialogue and difference of opinion with other Commissioners is part of the process and that’s how government should work. He appreciates every one of the Commissioners.
COMMISSIONER DANCER (1:18:40)
– Picking up where OLSON left off, last week after a vote he was not on winning side but it is the process and will endeavor to satisfy the obligations that we’ve committed ourselves to because it is the will of the people.
– Thanks to the City Manager, City crews and Emergency Crews for storm management.
COMMISSIONER SALSBURY (1:20:16)
– Heartfelt thank you to everyone in the community for their incredible support after her mother’s home burned last week. The kind words and support has been overwhelming and a couple of people went above and beyond which left me astounded.
COMMISSIONER DANCER (1:21:30)
– Echoed the comments of everyone else regarding the storm management efforts.
– Thankful for the great people of Fort Scott.
Executive Session
MOTION: VAN HOECKE moved that the City Commission recess into an Executive Session for the purpose of discussing the financial affairs or trade secrets of corporations, partnerships, trusts, and individual proprietorships exception in K.S.A. 75-4319(b)(4). The session will be held in the City Manager’s office with the (5) City Commissioners, City Manager and City Attorney. The open meeting will resume in the Commission Room at 7:38PM. OLSON seconded.
MOTION CARRIED 5-0.
MOTION: VAN HOECKE moved to come out of Executive Session. DANCER seconded.
MOTION CARRIED 5-0.
Adjourn
MOTION: DANCER moved to adjourn the meeting at 7:38PM (1:38:27). OLSON seconded.
FEBRUARY 24, 2025, MEETING ADJOURNED AT 7:38PM.
Submitted by Lisa A. Lewis, City Clerk
