CITY OF FORT SCOTT CITY COMMISSION MEETING

 

 

Minutes of October 1, 2024                                                              Regular Meeting

 

A regular meeting of the Fort Scott City Commission was held October 1, 2024, at 6:00PM in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas. Meeting available on City of Fort Scott YouTube Channel. Time stamps according to recording.

 

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, Caleb Bell/FSPD Lieutenant, Leroy Kruger/Codes Enforcement, Scott Flater/Water Utilities Director, Carey Spoon/Executive Director of Southeast Kansas Regional Planning & Development Consultant, Michael Hoyt.

 

1. Dancer led the Pledge of Allegiance and M. Wells said a prayer asking God for guidance for the City, our Government and City officials.

 

Approval of Agenda – (Time stamp 2:29)

MOTION:  T. VanHoecke moved to approve the agenda as presented.  D. Olson seconded the motion. All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

Approval of Consent Agenda – (Time stamp 3:02)

– Approval of Appropriation Ordinance 1369-A – Expense Approval Report – Payment Dates of September 11, 2024 – September 24, 2024 – $449,830.43

-Approval of Minutes for September 3, 2024, September 9, 2024, September 17, 2024, and September 24, 2024.

-Request to Pay – Heck & Wicker, Inc. – Project No. 24-414 – Horton St. & 6^th St. Improvements – Application for Payment No. 3 – $60,439.46

 

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

 

Michael Hoyt – (Time stamp 3:34) – a reminder to the citizens that October 14^th will be the last day for voter registration and to request a mail-in ballot for the November 5^th election, early voting begins October 21^st. He also distributed postcards as a reminder and to explain the item on the ballot regarding the move from (3) to (5) County Commissioner Districts.

 

Appearances

 

Scott Flater/Water Utilities Director – (Time stamp 4:53) addressed the Commission with an update on Archer Daniels Midland (ADM), and the status of the Wastewater Treatment Plant lagoons. Graphs kept from January 2022 until August 2024 were distributed. They illustrated: loads from ADM, charges to ADM, biochemical oxygen demand (BOD) average, chemical oxygen demand (COD) average, total suspended solids, pH on load, total phosphorus, total Kjeldahl nitrogen average, and reuse water sold to ADM. The conditions of the lagoons at the WWTP are healthy. ADM continues to work on their pre-treatment. AMS still has (5) trailers on location and continue to dump the advanced microbes into the lagoon, and once a week agitate the sludge by boat. Measurements of the sludge level are not routinely provided to S. Flater. He stated that in the future, Lagoon #1 will need to be dewatered to remove the inorganic sludge (such as rocks, sand, etc.) which comes mainly from the storm and sanitary sewer systems.

 

1. Olson would like to see an MOU drawn up with AMS putting terms on paper regarding reimbursement.

 

ACTION: D. Olson will send contact information to S. Flater regarding the previous mechanical dredge of one of the lagoons.

 

2024. Matkin stated that they will be discussing the contract prior to the expiration date of the current contract in December 2024.

 

ACTION: S. Flater will get sludge level numbers from AMS.

 

ACTION: B. Matkin and S. Flater will talk to ADM regarding their previous offer to help the City with the mechanical dredging at their meeting on October 10, 2024.

 

1. Flater explained that the long-term plan will be created when ADM solves their lagoon issues as they will not want to pay for AMS any longer once that happens.

 

Discussion was had regarding the level limits that are set for the lagoons and the long-term impact of the discontinuation of AMS. ADM has a long-term plan to pipeline the water to Fort Scott instead of hauling, therefore they are working on improving their lagoons and pre-treatment process.

 

Unfinished Business

Status of Building at 118 E. Wall – Requested documents from owner due per September 24, 2024, Special City Commission meeting – (Time stamp 29:58)

1. Matkin received documents from Jose Montanez by email (on September 30, 2024) and the Commissioners were given printed copies at the table. He was told that they will be starting this week and have a lift at the site. They need to obtain a permit from the Codes Department prior to beginning the work which requires documents that are still missing: certificate of liability for the building, structural engineering report and scope of work. The documents provided are not what was requested by the Commission.

 

ACTION:  B. Matkin will ask Jose Montanez for a copy of the liability insurance for the building at 118 E. Wall St.

 

1. Matkin left the meeting at (Time stamp 45:01) and returned at (Time stamp 47:37).

 

Missing pages of the email were printed and distributed to the Commissioners by B. Matkin.

 

Discussion was had regarding the missing documents that needed to be submitted before the permit to begin work could be issued by the Codes Department.

 

MOTION:  M. Wells moved to extend the timeline to the October 15^th deadline, still requesting the (2) pieces of documentation – the timeline for the work and the structural engineer’s report (from RetroPros for the work being performed) – laying out his scope of work as indicated from the permanent repair recommendations.

 

Further discussion was had regarding the engineering report that was provided (to date) and the current contractor (RetroPro). It was determined that the report provided was from Thomas Rewert, however he is the engineer that was fired by the building owner.  M. Wells stated that what has been provided is a scope of work by a contractor who has still not provided any structural engineer report and the work listed on the scope, according to that structural engineer report, cannot be performed. He stated that the work being performed must be certified by a structural engineer or it is not guaranteed to be structurally safe, and the buildings will not be reopened.

 

1. Kruger commented on the lift and scaffolding options.

 

1. VanHoecke left the meeting at (Time stamp 57:05).

 

2. Dancer clarified that in the previous meeting the building owner told the Commission that they had fired this gentleman (T. Rewert) and they were going to hire a different contractor now that they had the recommendations to do the work that the structural engineer (T. Rewert) recommended. The building owner stated they were going with Option 2. He stated that the scope of work from RetroPros does not describe Option 2 from the structural engineering report provided.

 

1. VanHoecke returned to the meeting at (Time stamp 58:43).

 

Further discussion was had regarding the intentions of the Commission in the matter and the options if the deadline is not met.

 

1. Salsbury seconded the motion. All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

Consideration of Approval of Certificate of Substantial Completion – Project No. 22-031B – Fort Scott Pavilion – Sprouls Construction, Inc. – Tabled from September 17, 2024 – (Time stamp 1:03:24) – J. Dickman explained the work that had been completed according to the request of the Commission at the September 17, 2024 meeting.

 

36. Matkin left the meeting at 1:04:36.

 

MOTION:  M. Wells moved to approve the Certificate of Substantial Completion for Project No. 22-031B.  K. Salsbury seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

Request to Pay – Sprouls Construction, Inc. – Project No. 22-031B – Fort Scott Pavilion – Payment Application No. 5 – $8,075.00 – Tabled from September 17, 2024.

 

Request to Pay – Sprouls Construction, Inc. – Project No. 22-031B – Fort Scott Pavilion – Payment Application No. 6 FINAL (Retainage) – $10,397.85 – Tabled from September 17, 2024.

 

MOTION:  M. Wells moved to pay Payment Application No. 5 and Payment Application No. 6 (Final Retainage) for Project No. 22-031B. T. VanHoecke seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

New Business /Public Hearing:

 

MOTION:  T. VanHoecke moved to open the public hearing at 7:06PM (Time stamp 1:06:08). M. Wells seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

Consideration of Submission of Application on behalf of the City of Fort Scott to the Kansas Department of Commerce for a CDBG Grant under the Community Centers & Parks Category for improvements at Memorial Hall – C. Spoon/Executive Director of Southeast Kansas Regional Planning & Development

484. Spoon read the following statement: This project proposes replacing existing windows with new aluminum windows, replace existing steel lintels, restore the damaged brick and cast stone masonry, and mend the masonry and mortar joints. The roof at the northeast corner of the building will also be restored. The estimated total project cost is $751,484.75 with a grant request of $569,000.

 

There were no public comments.

 

MOTION:  T. VanHoecke moved to close the public hearing at 7:08PM (Time stamp 1:08:17).  D. Olson seconded the motion. All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

1. Matkin returned to the meeting (Time stamp 1:09:20).

 

MOTION: T. VanHoecke moved to go forward with the CDBG grant application regarding Commerce for Small Cities Community Development Block Grant funds under the Community Centers & Parks Category for Memorial Hall.  M. Wells seconded the motion.  All voted yes.’

 

MOTION PASSED BY 5-0 VOTE.

 

New Business/Action Items:

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 – (Time stamp 1:10:21) – City Clerk explained that the annual permit needs to be renewed at this time. If the Commission wishes to make any changes to the Ordinance, including the boundaries, it must be done and passed before the application can be submitted to the state.

 

Discussion was had regarding options to change the existing boundaries.

 

ACTION:  B. Matkin will talk to Jill Jaworski/Superintendent of Fort Scott National Historic Site regarding the inclusion of the Pavilion and Skubitz Plaza in the Common Consumption Area.

 

MOTION:  T. VanHoecke moved to table this item until the October 15, 2024, meeting.  M. Wells seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

Reports and Comments

           

City Manager (Time stamp 1:19:16)

– Received COI from the building owner of 118 E. Wall by email.

– Cape Seal Update

– Weekend Events: Gordon Parks event, Pioneer Harvest Fiesta and Parade, Alumni Rodeo and comedy show

– VanFossen Update

– Horton & 6^th St. Project Update

 

City Engineer (Time stamp 1:20:49)

– Horton & 6^th St. Project Update

 

1. Farmer left the meeting (Time stamp 1:21:08)

 

1. VanHoecke (Time stamp 1:22:07)

–  Many exciting things in Fort Scott

–  Request to pray for NC, SC, GA and FL, please help where you can

 

1. Farmer returned to the meeting (Time stamp 1:22:47).

 

1. Wells (Time stamp 1:23:02)

–  Special thank you to Care to Share people for their past event

–  Request to pray for the hurricane victims

 

1. Salsbury (Time stamp 1:24:20)

–  Spent some extra time in town this week, beautiful both visually and in spirit

and noted the progress we are making

 

1. Olson (Time stamp 1:24:39)

–  Care to Share Fort Fest was a great event

–  Contractors’ licensing program needs to move forward. Will be putting an Ordinance together and bring before the Commission.

 

1. Dancer (Time stamp 1:26:27)

–  Thank you to the organizations hosting events that make our town great

–  Moving school zone speed limit signs North of 8^th St. and South of 12^th St.

–  Follow up of annexation report requested of City Attorney

–  Lake property storage encroachments

–  Lake shore easement encroachments

–  IT Infrastructure for the City – IT Equipment Purchase Moratorium suggested pending the acceptable report of equipment currently in use and a diagram of our current IT infrastructure.

 

Discussion was had about IT concerns and the moratorium.

 

ACTION:  IT Department to provide answers to the questions T. Dancer has submitted prior to the invitation to appear at the next meeting, October 15, 2024, for an update.

 

City Attorney (Time stamp 1:39:28)

– Teresa Davenport and Cory Bryars did an exceptional job with the Care to Share event

 

Executive Session

 

MOTION:  M. Wells moved for the City Commission recess into Executive Session for the purpose of discussion of a legal matter pursuant to the attorney-client privilege exception in K.S.A. 75-4319(b)(2). The meeting will resume in the Commission Room at 8:00PM after recessing in the City Manager’s office. In the meeting will be the (5) City Commissioners, the City Manager and the City Attorney. T. VanHoecke seconded the motion. All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

MOTION:  M. Wells moved to come out of Executive Session.  T. VanHoecke seconded the motion. M. Wells, T. VanHoecke, D. Olson and T. Dancer voted yes. K. Salsbury was not at the table to vote.

 

MOTION PASSED BY 4-0 VOTE.

 

MOTION:  moved for the City Commission recess into Executive Session for the purpose of discussion of a legal matter pursuant to the attorney-client privilege exception in K.S.A. 75-4319(b)(2). The meeting will resume in the Commission Room at 8:11PM.  In the meeting will be the (5) City Commissioners, the City Manager and the City Attorney. D. Olson seconded the motion. M. Wells, T. VanHoecke, D. Olson and T. Dancer voted yes. K. Salsbury was not at the table to vote.

 

MOTION PASSED BY 4-0 VOTE.

 

MOTION:  M. Wells moved to come out of Executive Session.  T. VanHoecke seconded the motion. All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

1. VanHoecke moved to adjourn the meeting at 8:11PM. D. Olson seconded the motion. All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

MEETING ADJOURNED AT 8:11PM (Time stamp 2:11:14).

 

WORK SESSION, REGULAR CITY COMMISSION MEETING AND PUBLIC HEARINGS – TUESDAY, OCTOBER 15, 2024, BEGINNING AT 5:00PM AT CITY HALL

 

 

 

 

_______________________________________________________________________

Submitted by:

Lisa A. Lewis, City Clerk

NOTICE OF AND AGENDA FOR REGULAR

MEETING OF FORT SCOTT CITY COMMISSION

City Hall Commission Room – 123 S. Main Street, Fort Scott, KS 66701

October 15, 2024 – 6:00 P.M.

 

1.     Call to Order
2.     Roll Call

Tim VanHoecke,   Matthew Wells,   Dyllon Olson,   Kathryn Salsbury,  Tracy Dancer

III.       Pledge of Allegiance

1. Invocation
2. Approval of Agenda
3. Consent Agenda
4. Approval of Appropriation Ordinance 1370-A – Expense Approval Report – Payment Dates of September 25, 2024 – October 8, 2024 – $ 734,821.86
5. Approval of Minutes for October 1, 2024.
6. September Financials

 

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.

 

1. Kathy Dancer – Alley Repairs in Downtown Fort Scott

 

1. Unfinished Business
2. Status of Building at 118 E. Wall – Requested documents from owner due per October 1, 2024, extension approved until October 15, 2024.
3. 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.

 

1. New Business

 

Public Hearing:

60. 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 – Wyatt, N. Nation, B. Allen

 

1. Consideration to Approve Resolution No. 28-2024 – Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure located at 1721 E. Wall
2. Consideration to Approve Resolution No. 29-2024 – Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure located at 323 W. Wall
3. Consideration to Approve Resolution No. 30-2024 – Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure located at 1619 E. Pine
4. Consideration to Approve Resolution No. 31-2024 – Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure at 1105 E. Scott
5. Consideration to Approve Resolution No. 32-2024 – Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure at 402 S. Lowman
6. Consideration to Approve Resolution No. 33-2024 – Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure at 418 S. Couch

 

Action Items:

1. 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 – Submitted by Michael Hoyt
2. Consideration to Approve Healthcare MOU
3. Consideration to Approve Federal-Aid Fund Exchange Master Agreement
4. 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.
5. 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
6. Consideration of a Change Order on Project No. 6 U-2455-01 Horton St. & 6^th Project – Replace/Repair Inlet and Manholes – J. Dickman
7. Reports and Comments
8. City Manager Comments
9. Engineering Comments
10.  Commissioners Comments
11. City Attorney Comments

 

XII.      Adjourn