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CITY OF FORT SCOTT CITY COMMISSION MEETING Unapproved Minutes of March 5

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Fort Scott City Hall.

 

 

Minutes of March 5, 2024                                             Regular Meeting

 

The regular meeting of the Fort Scott City Commission was held March 5, 2024, at 6:00PM in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas.

 

Roll Call

Commissioners Tim VanHoecke, Melissa Guns, Matthew Wells and Dyllon Olson were present with Mayor Tracy Dancer.

 

Pledge of Allegiance and Invocation:  T. Dancer led the Pledge of Allegiance and T. VanHoecke 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, Ben Hart/Director of Finance-Baker-Tilly, Mary Wyatt/Planning, Housing and Community Development Director, Bill Lemke/Water Distribution & Wastewater Collections Supervisor, Destry Brown/Superintendent USD234, Robin Button, Cheryl Marsh, Cho Hillman, Carol Glover, Justin Meeks/County Counselor, Diane Striler, Richard Clark, Michael Hoyt, and Carl Brenner/Chief of Interpretation and Resource Management at FSNHS.

 

Approval of Agenda

Appearance item for Shanda Stewart – Request for donation to Fort Scott High School Prom After Party was requested to be removed from the agenda.  T. VanHoecke moved to approve the agenda with the amendment.  M. Wells requested to amend the motion to include an amendment to New Business to include (2) Letters of Interest for consideration to the Fort Scott Public Library Board – Constance S. Banwart and Susan Messer.  T. VanHoecke agreed to the amendment to his motion. M. Wells seconded the motion.  All voted yes.

 

APPROVED AMENDED AGENDA

 

Proclamation

Mayors Alliance to End Childhood Hunger – National School Breakfast Week – March 4th through 8th, 2024 – M. Wells officiated the Proclamation and honored the following USD234 staff members: Robin Button, Anna Marsh, Jessica Phillips, Cheryl Marsh, Cho Hillman, Millie Willard, Carol Glover, and Ginger Houston.

 

Consent Agenda

Approval of Appropriation Ordinance 1355-A – $975,852.99

Approval of minutes of February 20, 2024

 

Request to Pay – Invoice #1756 – Marberry Concrete, Inc. –Fort Scott Lake Boat Ramp repair – $69,990.00.

 

  1. VanHoecke moved to approve the Consent Agenda. D. Olson seconded the motion. All voted yes.

 

APPROVED CONSENT AGENDA.

 

Public Comment  

Richard Clark appeared before the Commission to state his concern about changes at Fort Scott Lake regarding long-term safety, cost, and lot sales. (Time stamp – 12:04)

 

Appearances

Diane Striler appeared before the Commission to continue discussion regarding the proposed Downtown Ice-Skating Rink.

(Time stamp – 27:17)

 

  1. Guns moved to allow the City Manager to work on an alternate site for the skate rink (not the Pavilion), that the City agree to take ownership of the skate rink with the understanding that it must be run by volunteers and not City staff and any upkeep and maintenance of those would be paid for by the funds that were raised while the skate rink is open.

 

MOTION DIED FOR THE LACK OF A SECOND.

 

  1. Wells moved that we explore alternate sites, that the City take ownership and that the money go into a fund that will pay for repairs, maintenance, and operation of said skate park. M. Guns seconded the motion.

 

  1. VanHoecke, D. Olson and T. Dancer voted no. M. Guns, M. Wells voted yes.

 

MOTION DEFEATED BY 3-2 VOTE.

 

Old Business 

Consideration of Charter Ordinance No. 32 – A CHARTER

ORDINANCEOF THE CITY OF FORT SCOTT, KANSAS, EXEMPTING SUCH CITY FROM THE PROVISIONS OF K.S.A. 12-1222 RELATING TO LIBRARIES, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING THERETO – Tabled from February 20, 2024

  1. Wells moved to approve the amended Charter Ordinance. D. Olson seconded the motion. All voted yes.

 

 

 

APPROVED CHARTER ORDINANCE NO. 32.

 

New Business

Consideration to purchase Allen Trench Safety Badger Pro Series Set of (4) Modular Trench Shoring Boxes – Sole Source by Allen Trench Safety Corp. – $28,048.00.

 

  1. VanHoecke moved to approve the request for the Badger Pro Series Modular Trench Shoring Boxes for $28,048.00, sole source by Allen Trench Safety Corp. D. Olson seconded. All voted yes.

 

APPROVED REQUEST TO PURCHASE TRENCH SHORING BOXES.

 

Consideration to reappoint expired terms of Planning Commission Board Members for another term:  Cheryl Adamson and Carol MacArthur –            Recommended by Planning Commission, February 21, 2024.

 

  1. Wells moved to reappoint Chery Adamson and Carol MacArthur for another term to the Planning Commission. T. VanHoecke seconded the motion. All voted yes.

 

APPROVED TO REAPPOINT CHERYL ADAMSON AND CAROL MACARTHUR FOR ANOTHER TERM TO THE PLANNING COMMISSION.

 

Consideration to amend Ordinance No. 3497 Planning Commission Membership Terms to (7) members instead of (10) members – Recommended by Planning Commission, February 21, 2024.

  1. Wells moved to table the consideration of Ordinance 3497 until the amendments can be added to bring it into compliance and have it presented back at the next Commission meeting. T. VanHoecke seconded the motion. All voted yes.

 

APPROVED TO TABLE THE CONSIDERATION OF ORDINANCE NO. 3497 UNTIL THE NEXT COMMISSION MEETING.

 

Consideration of Letter of Interest for Library Board Vacancy from Constance S. Banwart and Susan Messer

  1. VanHoecke moved to approve the Letter of Interest from Constance Banwart and Susan Messer for the (2) open vacancies for the Fort Scott Public Library Board. M. Guns seconded the motion. All voted yes.

 

APPROVED TO APPOINT CONSTANCE BANWART AND SUSAN MESSER TO THE FORT SCOTT PUBLIC LIBRARY BOARD.

 

Consideration to reappoint expired terms of Street Advisory Board members for another (3) year term:  Clete Hall, Charles Gentry, Nick Barrows, and Gary Cullor.

 

  1. VanHoecke moved to reappoint the expired terms of the Street Advisory Board Members. D. Olson seconded the motion. All voted yes.

 

APPROVED TO REAPPOINT EXPIRED TERMS OF THE STREET ADVISORY BOARD:  CLETE HALL, CHARLES GENTRY, NICK BARROWS AND GARY CULLOR FOR ANOTHER (3) YEAR TERM.

 

Consideration to approve Ordinance No. 3761 – Amending section 10.04.90 regarding inspection requirements for annual U.T.V. license.

 

  1. VanHoecke moved to table this consideration to have verbiage changed.

 

  1. VanHoecke moved to approve the amended suggestions of Ordinance No. 3761 regarding inspection requirements for the annual UTV license.
  2. Wells seconded the motion.

 

MOTION STRUCK IN ITS ENTIRITY. CONSIDERATION OF ORDINANCE NO. 3761 WILL APPEAR ON MARCH 19, 2024, AGENDA.

 

Consideration to repeal Ordinance No. 3060 Public Dance License

 

  1. Matkin left the meeting at 7:21PM and returned to the meeting at 7:24PM.

 

  1. VanHoecke moved to repeal Ordinance No. 3060 requiring a Public Dance License. M. Guns seconded the motion. M. Guns, D. Olson, T. VanHoecke and T. Dancer voted yes.  M. Wells voted no.

 

APPROVED TO REPEAL ORDINANCE NO. 3060 REQUIRING A PUBLIC DANCE LICENSE.

 

Consideration to fill vacancies on the Design Review Board  – Decision to renew expired term of Arnold Schofield tabled February 20, 2024.

  1. Wyatt is requesting that the Commission to renew Arnold Schofield’s expired term, approve the appointment of Cathy Dancer to fill (1) vacant seat, consider having a work session regarding the Design Review Board and direct her on contacting previous applicants to fill the (1) remaining vacant seat.

 

  1. VanHoecke moved to approve the appointment of Cathy Dancer and the reappointment of Arnold Schofield to the Design Review Board. M. Wells seconded the motion. D. Olson, M. Guns, M. Wells and T. VanHoecke voted yes. T. Dancer abstained.

 

APPROVED APPOINTMENT OF CATHY DANCER AND REAPPOINTMENT OF ARNOLD SCHOFIELD TO THE DESIGN REVIEW BOARD.

 

  1. VanHoecke requested a copy of the current Design Review Board Ordinance before scheduling a work session.

 

Final approval of Mulligan Ridge Donation Agreement

Justin Meeks appeared before the Commission representing Mulligan Ridge LLC for the City’s donation of land to the property owner to build a pond and water feature that was approved on October 3, 2023, by the City Commission. This agreement was drawn up between City Attorney B. Farmer and J. Meeks as final approval of that agreement. The changes from the original agreement are a quit claim deed from a warranty deed and first right of refusal.

 

  1. VanHoecke moved to approve the final agreement for Mulligan Ridge donation of land out at the Fort Scott Municipal Golf Course. D. Olson seconded the motion. M. Guns, D. Olson, T. VanHoecke and T. Dancer voted yes.  M. Wells voted no.

 

FINAL APPROVAL OF MULLIGAN RIDGE DONATION AGREEMENT.

 

Discussion of 190th Street Maintenance

 

  1. Farmer left the meeting at 7:36PM.

 

  1. Matkin explained that 190th Street is an internal road at Fort Scott Lake that needs repair. It is a County road with City property on it and the City maintains the roads at the lake. He is requesting direction from the Commission to either include it in the City’s Road Repair Program or approach the County.

 

  1. Farmer returned to the meeting at 7:38PM.

 

CITY COMMISSION DIRECTED B. MATKIN TO TALK WITH THE COUNTY BEFORE THE COMMISSION MAKES A DECISION.

 

Consideration of 2024 Street Program

  1. Wells moved to approve the Street Program for 2024.

 

  1. Matkin confirmed that it included the Cape Seal Project which will begin in August and the price will not change.

 

  1. VanHoecke seconded the motion. All voted yes.

 

APPROVED STREET PROGRAM 2024.

 

  1. Matkin presented a plan for street, water, and sewer repairs with B. Lemke and B. Hart (Time stamp: 1:43)

 

Discussion of Rural Housing Incentive District (RHID)

  1. Wells moved to provide this list and reach out to the Land Bank about the additional properties and provide those to our bond counsel to start drawing up the documents to create a RHID. M. Guns seconded the motion. All voted yes.

 

APPROVED TO MOVE FORWARD WITH CREATION OF RHID.                                                                   

 

Reports and Comments

City Manager Comments (Time stamp 2:34:41)

Engineering Comments (Time stamp 2:36:03)

Commissioners Comments (Time stamp 2:36:34)

City Attorney Comments – No comment

 

Executive Session

  1. Dancer moved to recess into Executive Session for the purpose of discussing medical benefits pursuant to the personnel matters of non-elected personnel exception in K.S.A. 75-4319(b)(1). In attendance will be (5) City Commissioners, City Manager, City Attorney and City Financial Director. The open meeting will resume in the City Commission Room at 8:56PM. M. Wells seconded the motion. All voted yes.

 

APPROVED TO MOVE IN TO EXECUTIVE SESSION AT 8:46PM.

 

  1. VanHoecke moved to come out of Executive Session with no action.
  2. Guns seconded the motion. All voted yes.

 

APPROVED TO MOVE OUT OF EXECUTIVE SESSION AT 8:56PM WITH NO ACTION.

 

  1. VanHoecke moved to adjourn at 8:56PM. M. Guns seconded the motion. All voted yes.

 

MEETING OF MARCH 5, 2024, ADJOURNED AT 8:56PM.

 

Respectfully submitted,

Lisa A. Lewis, City Clerk

 

 

 

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