CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes of August 3^rd, 2021 Regular Meeting #15

The regular meeting of the Fort Scott City Commission was held August 3^rd, 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:, Susan Bancroft, Director of Finance said a prayer asking God for guidance for the City, our Government and City officials.

AUDIENCE IN ATTENDANCE: Lee Davis, Allen Davis, Steve Anthony, Patrick Wood, Stacy Wood, Travis Shelton, Darcy Smith, Tina Lipe, David Lipe, Crystal Mason, Jared Leek, Cheryl VanHoecke, Tim VanHoecke, Billy Keith, Jody Hoener, Judy Warren, Terry Sercer, Deb McCoy, Frank Halsey, Patty LaRoche, Lindsay Madison, Mark McCoy, Kate Freeman, Michael Hoyt, Michele Tough, Jackson Tough, Thade Yates, S. L. Johnson, Nancy Van Etten, Johnnie Walker, Rob Harrington, Rachel Thompson, Susan Bancroft, Jason Dickman, Jesse Pohlmann, Brad Matkin, Janice Allen, Carl Brite, Barry Issac, Ted Hessong, and representing the press, Tammy Helm, the Fort Scott Tribune.

ADDITIONS TO AGENDA: Josh Jones asked under New Business the purchase of a motor for Public Works be added.

J. Jones made the motion to approve the agenda with the addition of the purchase of a motor for Public Works to be added under New Business. L. Watts seconded. K. Allen, R. Nichols, L. Watts, and J. Jones voted aye. P. Allen voted no. Motion carried 4-1.

approved the agenda with the addition of the purchase of a motor for Public Works to be added under New Business.

PROCLAMATIONS/RECOGNITIONS:

1. Recognition of Thade Yates, Summer Intern

2. Brad Matkin Human Resource Director

3. Jesse Pohlmann, Public Works Director

4. Seve Anthony, Golf Course Manager

5. Jackson Tough, Tourism Manager

Mayor Jones recognized Thade Yates as a Summer Intern with the City this summer. He will be a Senior this year at Fort Scott High School and plans to enter into the political science field. The Mayor presented him with a certificate of recognition.

Mayor Jones recognized Bard Matkin as the new Human Resource Director, Jesse Pohlmann, Public Works Director, Steve Anthony, Golf Course Manager, and Jackson Tough, Tourism Manager.

Executive Session:

J. Jones moved that the City Commission recess into Executive Session for the purpose of discussing non-elected personnel in K.S.A. 75-4319(b)(1). The open meeting will resume in the Commission meeting room at City Hall at 6:27 p.m. L. Watts seconded. K. Allen, P. Allen, R. Nichols, L. Watts, and J. Jones voted aye. This included the City Commission and City Attorney.

J. Jones moved that the City Commission come out of Executive Session at 6:27 p.m. L. Watts seconded. P. Allen, R. Nichols, L. Watts, and J. Jones voted aye.

Executive Session:

J. Jones moved that the City Commission recess into Executive Session for the purpose of discussing non-elected personnel in K.S.A. 75-4319(b)(1). The open meeting will resume in the Commission meeting room at City Hall at 6:39 p.m. L. Watts seconded. K. Allen, P. Allen, R. Nichols, L. Watts, and J. Jones voted aye. This included the City Commission and City Attorney.

L. Watts moved that the City Commission come out of Executive Session at 6:39 p.m. R. Nichols seconded. P. Allen, R. Nichols, L. Watts, and J. Jones voted aye.

Mayor Jones informed the public that the City has received a letter of resignation from Jeremy Frazier as City Manager of the City of Fort Scott.

J. Jones moved to accept the resignation of Jeremy Frazier. L. Watts seconded. K. Allen, R. Nichols, L. Watts, and J. Jones voted aye. P. Allen voted no. Motion carried 4-1.

APPROVED TO ACCEPT THE RESIGNATION OF JEREMY FRAZIER.

J. Jones amended his motion to accept the resignation of Jeremy Frazier and allow the Mayor to the sign the Severance Agreement with Mr. Frazier. L. Watts seconded. K. Allen, R. Nichols, L. Watts, and J. Jones voted aye. P. Allen voted no. Motion carried 4-1.

amended motion to accept the resignation of Jeremy Frazier and allow the Mayor TO the sign the Severance Agreement with Mr. Frazier.

CONSENT AGENDA:

1. Approval of Appropriation Ordinance 1293-A totaling $632,620.70.

2. Request to Pay – Key Equipment & Supply Company – Tractor Trailer – $139,754.

3. Request to Pay – Earles Engineering – Building Inspection – $1,669.50.

4. Request to Pay – Bettis Asphalt – National Avenue mill/overlay – $74,465.65

5. Request to Pay – Allgeier, Martin & Associates, Inc. – Clarifier Painting – $6,157.16

R. Nichols moved to approve the Consent Agenda. L. Watts seconded. R. Nichols, L. Watts, and J. Jones voted aye. P. Allen voted no. K. Allen abstained. Motion carried 3-1-1.

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)

Judy Warren – Ms. Warren asked when National Avenue would be completed. She was told that bids were out and were due on August 12^th.

She also said that she is not a politician. She has spoken with a lot of people with suggestions who have lost faith in City administration to do their jobs. She asked that people get on the right track.

Jared Leek – Mr. Leek said that he was gave a packet to the Commission from Front Door Real Estate. Mayor Jones said he would have an opportunity later to discuss this issue.

Michael Hoyt – Mr. Hoyt said he had two old business items to discuss. There has been nothing done with the trees on the bypass. He went out and figured there would be 600 more feet of visibility if those trees were removed.

K. Allen told him that direction was given to the previous City Manager. He will discuss with Jesse Pohlmann, Public Works Director.

Mr. Hoyt asked about the Human Relations Advisory Board as it was not on the agenda.

K. Allen said he asked the City Manager to place it on the agenda.

Mr. Hoyt said that few words are music to his ears – those words are see you in court.

Janice Allen – Ms. Allen said she wanted to discuss the 1% Citywide sales tax. In 1983 and 1986, the City Commission passed and approved two resolutions to place the 1% sales tax on the ballot. The sales tax is now 9.4%. In 1983, it was committed to Streets. In 1986, the resolution changed to the will of the people. She asked the Commission to make a resolution as to what you want to do with the sales tax and use it for what the people voted for twice. If not, something different is going to happen. Over the years, the governing body has spent less and less on streets. She said that 55% of the money comes from sales tax. She said that these resolutions need repealed. She takes great pride in the City of Fort Scott and does not want her grandchildren and great-grandchildren to think the town has gone to rubble.

City Attorney asked if the Commission passed a resolution, would the petition go away?

Janice said that they might.

R. Nichols asked Susan to review this during the budget work session process.

P. Allen said regardless of what Susan comes up with on streets, the Commission needs to restate the terms of the 1983 use of the sales tax money. He said that no one wants to file a complaint. He said that the citizens want the streets fixed. We keep losing ground. He asked that this Commission make a statement that we would like to rewrite the resolution to include the terms of the 1983 resolution.

City Manager Report and Comments: None

Engineering Firm Update: Jason Dickman, Earles Engineering, Inc. informed the Commission that Cooper Street project is out for bid. An addendum was sent out. A pre-bid meeting will be held next Thursday at 2:00 p.m. Horton Street and National Avenue are both out for bid and due on August 12^th.

He said that they are continuing the sewer rehab project on Old Faithful. He said that there is a City ordinance that conflicts with the specifications currently. It talks about procedures and this is why the 3^rd Street project had issues. It ended up being backfilled a certain way which was more costly to repair.

Eagle Block Building – They are moving forward and have contracted to demo the Eagle Block and CDL building. He knows there is concern with saving the façade. There is no structural support to those side walls. The demo includes to backfill the basements of the buildings. There is a third party contracted to provide stabilization of the walls and make repairs. Jason said that there needs improved fencing behind the area. O.S.H.A. requires to close off the pit.

P. Allen said he wants to seriously consider saving the façade.

Frank Halsey said that that State Historical Preservation Office will not have any interest in the first floor. The wall is not providing any structural integrity.

Jason said that he knows they want to open Sharkey’s as soon as possible.

Carl Brite stated that he was asked to shut down the project by the City Manager so Sharkey’s could reopen.

Jason said that the engineering firm will gather quotes. The engineering firm will provide guidance in shoring. The engineering firm will provide daily updates also.

J. Jones asked for a schedule and a timeline of the next steps to occur.

Jason said that they need to accept quotes or bids for the shoring or waterproofing. They will coordinate with the contractor and see when area contractors can come and look.

City Attorney said that process is moving forward.

Carl recommended getting bids until tomorrow afternoon.

The Commission all were in agreement that they want everything to be done as safe as possible.

Public Hearings: None

Director Reports: None

Old Business:

1. Discussion of Downtown Parking – Josh said that this is for Main Street and National which is two hour parking. The ordinance is already on the books which gives the Commission the authority to put up signs in the City to put up signs wherever they want.

Travis Shelton, Chief of Police, said that enforcement will be an issue. We no longer have a meter maid to enforce parking violations. A person has to be willing to sign a citation against a person to file a complaint. There is a court case on chalking tires currently.

City Attorney said that system cannot be used according to this case. He said that the merchants that are there would need to sign the citation. Cameras were also discussed about placing them in the downtown area. The Commission would have to determine if they would want to spend money for cameras.

J. Jones said that signage should be first and see how that works.

R. Nichols stated that we need to put up parking signs. We also need to set up a meeting with people living in the downtown buildings and business owners to come up with a plan. It could also help if the parking lot behind the building at 1^st and Main were completed.

J. Jones asked about putting signs up on National on the west side.

Discussion was held regarding placing gravel on the parking lot at 1^st and National.

2. Resolution for Use of Proceeds from Lake Property Sale – Josh said that this discussion has been happening about where to put the proceeds from the sale of lake property.

K. Allen stated that 100% of those funds should go to a Fort Scott Lake Fund.

R. Nichols said that he thinks it is a mistake to put all of the funds into one fund like that. We have many issues throughout the City to take care of. He said that the Commission should approve the use of the funds.

K. Allen said that he thinks the citizens should have good facilities.

P. Allen said that he suggested that 50% should go to the Lake fund and 50% go into the Street fund.

J. Jones said it should be a Commission controlled fund.

Lindsay Madison said a good purpose for those funds could be used for housing projects throughout the City.

Nancy Van Etten said that the Lake Advisory Committee would like to see the funds kept separate also. People can’t use the lake effectively.

K. Allen made a motion for the City Attorney to create a resolution to create a Lake Fort Scott Fund and allow the Commission to direct spending with the ability to transfer to other funds. J. Jones seconded. All voted aye.

Approved for the City Attorney to create a resolution to create a Lake Fort Scott Fund and allow the Commission to direct spending with the ability to transfer to other funds.

3. Deed Restrictions for Lake Property for Sale – Nancy Van Etten, Chairperson, said that the Lake Advisory Committee has recommended two deed restrictions only. Those are it must be a single family dwelling and a home stick built house.

L. Watts moved to approve the two deed restrictions for building at Lake Fort Scott. J. Jones seconded. K. Allen, P. Allen, L. Watts and J. Jones voted aye. R. Nichols voted no. Motion carried 4-1.

approved the two deed restrictions for building at Lake Fort Scott.

APPEARANCES:

1. Frank Halsey – Marmaton Massacre Event – September 18^th & 19^th – Gunn Park – Frank informed the City that they moved the Marmaton Massacre from July to September and the Tri-Yak-A-Thon to that same weekend. They are hoping for cooler temperatures. This will be two fun days of activities and these events continue to grow. A disc golf tournament will also happen that weekend. There will be food trucks in the park. A chainsaw demonstration will also be held. He asked for permission to use the campground for only participants, EMS services, and the back two shelter houses.

R. Nichols moved to approve to close the campground for only participants, provide EMS service and free camping and shelter rental for the Marmaton Massacre event on September 18^th and 19^th at Gunn Park. K. Allen seconded. All voted aye.

approved to close the campground for only participants, provide EMS service and free camping and shelter rental for the Marmaton Massacre and tri-yak-a-thon event on September 18^th and 19^th at Gunn Park.

2. Terry Sercer – 2020 Audit – Mr. Sercer said that he is with Diehl, Banwart & Bolton, CPA. He said he wanted to hit a couple of important parts of the audit. The audit financial statements are verified that receipts and expenditures are accurate. They look at the utility billings and ordinances and make sure what is being charged is correct. They look at payroll and verify that is correct also. The Commission should always review the expenditures, not the auditors. There are no cash basis violations. A single audit was performed. On page 71 of the audit, is a listing of all federal funds. The water intake project is a USDA loan which will be a federal fund. He said that their firm has done the audit for the City for the past 36 years. There were no disagreements with City management. He said that it is a pleasure to work with the City.

3. Lee Davis – Eagle Project Presentation – Mr. Davis said that he is 17 years old. He wants to put a bicycle service station by Shelter House #6. It is located where the trails start. If your bike would break down, he would have some tools there where it could be repaired. The City would pay $360.00, Gunn Park would pay for 1/3 and he is submitting a grant to Bedco for 1/3.

K. Allen made a motion to allow him to place a bicycle repair station by Shelter House #6 and for the City to allocate $360.00. J. Jones seconded. All voted aye.

approved to allow Lee Davis to place a bicycle repair station by Shelter House #6 and for the City to allocate $360.00.

4. Jody Hoener – Grant for Water Filling Stations – Ms. Hoener said she is part of the Bourbon County Action Team. She said that they are working on Phase II now. She is working on the grant for Water Filling Stations throughout the City. Their board accepted bids, but it was for indoor stations and not outdoor stations. Their recommendation is to purchase four (4) stations. The locations are at Shelter #3 at Gunn Park, Riverfront Park, one in Uniontown, and one in Bronson. She asked for approval for the revised budget. Susan will be the contact person for the City.

K. Allen moved to approve the grant amendment for water filling stations. L. Watts seconded. All voted aye.

APPROVED THE GRANT REVISED BUDGET FOR WATER FILLING STATIONS.

5. Ted Hessong – K.S.D.E. Tour – Mr. Hessong said that he would like to personally invite the City Commission to the Kansas Can Success Tour at the River Room on August 16^th from 6:00 to 7:30 p.m. This is the Commissioner of Education will be appearing and he will address regarding the success of each child to create outcomes and feedback from communities.

New Business:

1. Approval to purchase a transmission for a Mack truck – Jesse Pohlmann, Public Works Director, said that transmission is for a Mack truck that has been sitting for more than two years. One company has said they could possibly rebuild the transmission but wasn’t sure. They called Mack and they said that they could rebuild it. The cost is approximately $9,500 for a new transmission.

K. Allen moved to approve to purchase a transmission from Mack at the approximate cost of $9,500. L. Watts seconded. All voted aye.

approved to purchase a transmission from Mack at the approximate cost of $9,500 for a city dump truck.

2. Approval of contract for Audited Services for 2020 – Susan said that this is the contract for the agreement for the contract for the audit for 2020 with Diehl, Banwart, & Bolton.

K. Allen moved to approve the 2020 Audit Contract with Diehl, Banwart & Bolton, CPA for 2020 in the amount of $18,700. L. Watts seconded. All voted aye.

approved the 2020 Audit Contract with Diehl, Banwart & Bolton, CPA for 2020 in the amount of $18,700.

3. AWOS Grant – Approval for exception from purchasing policy – Seth Simpson, Airport Manager, said that the City received a K.D.O.T, grant for an A.W.O.S. system. With COVID, there are only two types we are able to purchase but they are owned by the same company. The grant amount is for $121,178 and is a 90/10 grant. The quote is $105,170 and $10,000 to install which includes one year of maintenance. The current system is outdated and needs to be replaced.

L. Watts moved to approve the A.W.O.S. system through D.B.T. J. Jones seconded. All voted aye.

approved the A.W.O.S. system upgrade through D.B.T. in the amount of $105,170 with $10,000 to install which includes one year of maintenance.

4. Fuel Pedestal Grant – Approval to upgrade system with current provider – Seth Simpson, Airport Manager, said that the City received a grant in the amount of $20,000. This is currently on a dial up system. This will be a hard wired line. This current system is a M3000 and the upgrade would make it a M4000 system. The only company that makes the M4000 is QTPod and their quote is $14,475.00. He asked approval to upgrade the system at the Airport. This is a 90/10% grant.

K. Allen moved to upgrade the Fuel Pedestal Grant with the M4000 system through QTPod at a cost of $14,475.00 for the Airport. L. Watts seconded. All voted aye.

approved to upgrade the Fuel Pedestal Grant with the M4000 system through QTPod at a cost of $14,475.00 for the Airport.

5. Approval to go out for Request for Proposals for the Kansas Moderate Income Housing Grant – Susan informed the Commission that this grant is coming up and we don’t want to miss out on the opportunity. We don’t have staff to do this right now. She suggested looking at Bourbon County R.E.D.I. to assist with it.

J. Jones moved to use Bourbon County R.E.D.I. to assist with the Kansas Moderate Income Housing Grant. L. Watts seconded. P. Allen, R. Nichols, L. Watts, and J. Jones voted aye. K Allen abstained.

approved to use Bourbon County R.E.D.I. to assist with the Kansas Moderate Income Housing Grant.

6. Discussion of Code Enforcement Training and Adherence to the International Property Maintenance Code – Bill Downey, Administrative Sergeant, said that he was here to present information regarding the training and qualifications of officers. He was asked if their office had copies of the 2012 International Property Maintenance Code. That is just one element of the codes that were adopted several years ago. Also adopted were the Property Code, Residential Code, Building Code, Mechanical Code, Fuel and Gas Code, Plumbing Code, Fire Code, and the 2011 Electrical Code. In 2013, the State of Kansas removed the requirements for Code Enforcement Officers to be inspector qualified. The individuals that are employees at this time can do inspections. He has two employees at this time. He stated that there is a Kansas Association for Code Enforcement and the City is a member of it as well as his employees. They will have a conference in the fall of 2022 and usually have two conferences a year which they attend. He has a goal for his officers that they will be nationally certified by December of 2022. At the end of 2023, they will be nationally certified Codes Administrators. His employees are uniform in appearance and will begin wearing shirts with the City’s logo.

Pete said he had questions on the current buildings in downtown Fort Scott that are in disrepair.

Bill said that they may have to work with the County Attorney in order to get into the buildings if the owner won’t cooperate with the City.

Pete asked about a time frame.

Bill said he has been on the job for a month and asked for some time.

City Attorney said if he determines he needs to get into a building, Bill will need to contact the County Attorney’s office to gain entry.

Josh said that Shane Walker is willing to use his drone to do a flyover to get footage of buildings if needed.

 

7. Approval to send Lake Residents Survey from the Lake Smart Growth Committee – Nancy Van Etten, Chairperson, Lake Advisory Committee, said that the Lake Committee prepared a survey regarding Smart Growth at the Lake to send to Lake residents. She asked approval to send out this survey.

J. Jones moved to approve to send out the survey to Lake Residents regarding Smart Growth. K. Allen seconded. K. Allen, P. Allen, L. Watts, and J. Jones voted aye. Motion carried.

Approved to send out the survey to lake residents regarding smart growth at the lake.

8. Approval of Bid for Lake Fort Scott Property Sale – Mayor Jones said that there are four realtors present who may wish to address the Commission. There were four proposals received: Lance Anderson, Lyons Realty Group, Stutesman’s Action Realty, and Front Door Real Estate.

Jared Leek spoke on his proposal. He gave each Commissioner a packet of information.

Stacy Wood spoke on her proposal. She partners with Keller-Williams Marketers on properties.

K. Allen moved to table the sale of Lake Fort Scott Properties and the First Source Property sales at this time. J. Jones seconded. All voted aye.

APPROVED TO TABLE THE SALE OF LAKE FORT SCOTT PROPERTIES AND THE FIRST SOURCE PROPERTY SALE AT THIS TIME.

9. Approval of Bid for First Source Property Sale – See Item #h – Tabled this item.

10. Approval of Super Market Developers & CHCSK Termination Agreement – CID & TIF District – Susan said that this Consent, Release and Termination Agreement is between the City of Fort Scott and Super Market Developers, Inc. and Community Health Care Center of Southeast Kansas, Inc. Super Market Developers has sold their property to CHC. Super Market Developers originally had a CID and TIF Agreement with the City which will be void since the property has sold.

R. Nichols moved to approve the Consent, Release and Termination Agreement between the City of Fort Scott and Super Market Developers and CHC on the TIF and CID Districts. L. Watts seconded. All voted aye.

approved the Consent, Release and Termination Agreement between the City of Fort Scott and Super Market Developers and Community health care center of southeast kansas, inc. on the TIF and CID Districts.

11. Discussion of Potential Stormwater Projects for 2021 (Pete Allen and Jason Dickman) – 15^th & National

Crawford – Wall to Elm

Washington & Wall

East National and Railroad

Ellis Park – South to 18^th Street

Jason Dickman, Earles Engineering, informed the Commission that the East National and Railroad is one option. He said that these projects would all be pending on funds being available. He said that 15^th & National – there are two inlets where it connects into National. One of the inlet tops is knocked over. They are old style inlets and this would include the 17^th and Eddy location. They would need to analyze the entire system. He said that the Crawford Street from Wall to Elm that the inlets are in bad shape along with the brick street and the stone curbing. New pipe would need to be installed west behind the curb to capture the water flow. The Washington and Wall location has issues caused by wheelchair ramps that were installed that caused the water to go into the front door of the homeowner. Inlets would need to be added to change the water flow.

Susan said that there is $800,000 available.

Discussion was held to have at the next meeting a proposed plan for their consideration.

12. Set Budget Work Sessions – Susan asked that a budget work session be held on August 19^th, 2021 and August 24^th, 2021.

Reports and Comments:

Commissioner Reports and Comments:

L. Watts – Lindsey welcomed all the new hires to the City.

R. Nichols – Nothing to report.

P. Allen – Pete remarked that at Buck Run Community Center, the walls are W.P.A. walls. There are huge cracks there and about to push the walls over. He asked Jesse to check this out and see what the City can do.

K. Allen – Kevin remarked that he is excited about the new employees to the City.

Kevin asked if there are any results on the Schneider Energy update.

Susan said that Michael Mix can get with them and have them appear before the Commission.

J. Jones – Josh asked who was responsible for the speed limit on the highways. He asked if it was K.D.O.T. or the City.

It is K.D.O.T.’s responsibility.

He asked about the delay on the lights with K.D.O.T.

City Attorney Report and Comments: Bob said that since the City is short staffed at the Airport, that Ward Kraft will assist at the Airport. The City would pay them to fill in when Airport staff is gone. Bob would work out a short term contract with W/K.

Executive Session:

J. Jones moved that the City Commission recess into Executive Session for the purpose of discussing non-elected personnel in K.S.A. 75-4319(b)(1). The open meeting will resume in the Commission meeting room at City Hall at 9:52 p.m. This Executive session will include the City Commissioner and City Attorney. L. Watts seconded. All voted aye.

L. Watts moved that the City Commission come out of Executive Session at 9:52 p.m. J. Jones seconded. All voted aye.

Executive Session:

J. Jones moved that the City Commission recess into Executive Session for the purpose of discussing non-elected personnel in K.S.A. 75-4319(b)(1). The open meeting will resume in the Commission meeting room at City Hall at 10:06 p.m. This Executive session will include the City Commissioner and City Attorney. L. Watts seconded. All voted aye.

L. Watts moved that the City Commission come out of Executive Session at 10:06 p.m. J. Jones seconded. All voted aye.

Adjournment:

J. Jones moved to adjourn the meeting at 10:07 p.m. L. Watts seconded. All voted aye.

ADJOURNED MEETING AT 10:07 P.M.

Respectfully submitted,

Diane K. Clay, M.M.C.

City Clerk