CITY OF FORT SCOTT

CITY COMMISSION MEETING

 

 

Minutes of April 2, 2024                                                                        Regular Meeting

 

The regular meeting of the Fort Scott City Commission was held April 2, 2024, at 6:00PM in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas. (Time stamps according to YouTube recording of meeting).

 

Roll Call

Commissioners Matthew Wells, Tim VanHoecke, Melissa Guns (via phone/arrived at 6:19PM), and Dyllon Olson were present with Mayor Tracy Dancer.

 

Pledge of Allegiance and Invocation

1. Dancer led the Pledge of Allegiance and B. Matkin 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/City Engineer-Earles Engineering, Norm Nation/Lead Codes Enforcement Inspector, Jason Pickert/Chief of Police, Bob Farmer/City Attorney, Lisa Lewis/City Clerk, Diane Striler, Cory Bryars, Scott Dennis, Kristen Dennis, Becky Halsey, Steve Buerge, Lindsay Madison, Denise Doherty, Don George/Kansas Department of Wildlife and Parks,

 

Approval of Agenda

The City Clerk presented a written request for (2) amendments to the Agenda: 1) Remove approval of minutes for the March 26, 2024, Special City Commission Meeting from the Consent Agenda; 2) Removal of Resolution No. 11-2024/Repair or Removal of a Dangerous Structure known as 323 W. Wall (requested by L. Kruger/Codes) from Public Hearings.

 

1. VanHoecke asked for clarification regarding Resolution No. 11-2024 – Resolution to Repair or Remove a Dangerous Structure known as 323 W. Wall St. being removed from the agenda under Public Hearing. N. Nation did not know the details.

 

ACTION:  B. Matkin stated that he would speak with L. Kruger for information on the status of 323 W. Wall Street.

 

MOTION:   T. VanHoecke moved to approve the agenda with the amendments of removing approval of minutes for the March 26, 2024, Special City Commission Meeting, and removal of the Public Hearing of Resolution No. 11-2024 (323 W. Wall). D. Olson seconded the motion.  All voted yes.

 

MOTION CARRIED BY 5-0 VOTE.

 

Consent Agenda

 

–    Approval of Appropriation Ordinance 1357-A – Expense Approval Report – Payment Dates March 3, 2024 – March 26, 2024 – $3,611,990.06.

–    Approval of Minutes from March 19, 2024.

 

 

–   RESOLUTION NO. 14-2024 – RESOLUTION AND NOTICE OF HEARING WITH REFERENCE TO ALLEGEDUNSAFE AND DANGEROUS STRUCTURE (AND ACCESSORY STRUCTURE) PARCEL #006-119-30-0-30-25-010-00-0 LEGALLY DESCRIBED AS FORT SCOTT, LOT 8 BLK 132 IN BOURBON COUNTY, IN THE CITY OF FORT SCOTT, KANSAS, OTHERWISE KNOWN AS (314 S. EDDY), FORT SCOTT, KS 66701.

 

–   RESOLUTION NO. 15-2024 – RESOLUTION AND NOTICE OF HEARING WITH REFERENCE TO ALLEGED UNSAFE AND DANGEROUS STRUCTURE (AND ACCESSORY STRUCTURE) PARCEL #006-119-30-0-30-27-002-00-0 LEGALLY DESCRIBED AS FORT SCOTT, S 25’ LOT 4 BLK 130 IN BOURBON COUNTY, IN THE CITY OF FORT SCOTT, KANSAS, OTHERWISE KNOWN AS 306 S. LOWMAN, FORT SCOTT, KS 66701.

 

1. VanHoecke clarified that $3,000,000.00 of the Expense Report total reported in the Consent Agenda was for the money reinvested in CDs with UMB Bank and was not money spent.

 

1. Wells clarified that Resolution No. 14-2024 and Resolution No. 15-2024 were approval to begin the demolition process on the properties.

 

MOTION:  T. VanHoecke moved to approve the Consent Agenda.  D. Olson              seconded the motion. All voted yes.

 

MOTION CARRIED 5-0 VOTE.

 

Public Comment – No Public Comments.

 

Appearances

 

Dakota Rusk – Request for Temporary Park Closure – Rumble on the Bricks – Community Car Show – April 21, 2024 – 12:00PM-3:00PM (Time stamp – 6:20)

1. Matkin represented D. Rusk’s request. D. Rusk was not present.

 

MOTION:  M. Wells moved to approve the request for the Temporary Park Closure as requested.  M. Guns seconded the motion. All voted yes.

 

MOTION CARRIED BY 5-0 VOTE.

 

Don George/Kansas Department of Wildlife and Parks – Lake Fort Scott Fish Hatchery and Rearing Pond (Time stamp – 7:29) – D. George explained the process and purpose of the Rearing Pond at the lake due to citizen concerns regarding water usage during the drought conditions.

1. Guns joined the meeting in the Commission Room at 6:19PM (Time stamp – 17:19)

 

 

NO ACTION TAKEN.

 

Diane Striler and Cory Bryars – Downtown Community Ice-Skating Rink (Time stamp 20:36) – They presented requested operating numbers and answered further questions from the Commission.

 

1. Dancer left the meeting at 6:37PM (Time stamp 37:34)

 

1. Dancer returned to the meeting at 6:38PM (Time stamp 38:23)

 

Further discussion was had regarding the proposed Community Ice Skating Rink.

 

MOTION:  D. Olson moved to table to consideration under the Pavilion for (6) months.

 

MOTION DIED DUE TO LACK OF A SECOND.

 

MOTION:  M. Wells moved that the City receive the gift of $40,000.00 and take ownership with a clarification that this organization will maintain and take care of all the incidentals, they will hire the people to run it, will only be ours to go under our insurance, will be allowed to go under the pavilion for the benefit of our community.

 

1. Dancer asked M. Wells if he would consider amending his motion.

 

AMENDMENT:  M. Wells amended his motion to include that the Commission would like to see a copy of the agreement (MOU), before we sign off on everything. M. Guns seconded the motion.

 

1. Olson stated he had an amendment to the motion – that it is not located under the Pavilion.

 

1. Wells stated that there was a motion and a second, so he called for a vote.

 

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

 

MOTION DEFEATED BY 3-2 VOTE.

 

MOTION:  D. Olson moved to table consideration of this item under the Pavilion for (6) months.

 

MOTION DIED DUE TO LACK OF A SECOND.

 

ACTION:  Commissioners agreed to review an MOU provided by D. Striler and C. Bryars when it is completed.

 

 

 

 

Carissa Bowman/Owner of Brickstreet BBQ was recognized by the Chair (Time stamp 57:29) and spoke in support of the ice rink and its desired location under the Fort Scott Pavilion.

 

New Business

 

MOTION:  T. VanHoecke moved to open the Public Hearing for the request to vacate Old Ford Street at 7:07PM.  M. Wells seconded the motion. All voted yes.

 

MOTION CARRIED BY 5-0 VOTE.

 

PUBLIC HEARING OPENED AT 7:07PM.

 

REQUEST TO VACATE OLD FORD STREET – Scott and Kristen Dennis – Property described as: 60’ x 150’ OF FORD STREET LOCATED BETWEEN LOTS 7-12, BLOCK 3, TALLMAN 1^ST ADDITION, MORE COMMONLY KNOWN AS 60’ X 150’ OF FORD STREET IN THE CITY OF FORT SCOTT, BOURBON COUNTY, KANSAS.

 

1. Nation stated that due to an error on his part, a house was built on a street. Scott and Kristen Dennis are requesting that the City vacate the street. S. Dennis stated that the land was not surveyed prior to the house being built.

 

MOTION:   T. VanHoecke moved to close the Public Hearing at 7:16PM.   D. Olson seconded the motion. All voted yes.

 

MOTION CARRIED BY 5-0 VOTE.

 

PUBLIC HEARING CLOSED AT 7:16PM.

 

MOTION:  M. Wells moved to table the decision to vacate to obtain clarification. T. VanHoecke seconded the motion. All voted yes.

 

MOTION CARRIED BY 5-0 VOTE

 

MOTION:  T. VanHoecke moved to open the Public Hearing for the consideration of Resolution No. 12-2024 at 7:24PM.   D. Olson seconded the motion. All voted yes.

 

MOTION CARRIED BY 5-0 VOTE.

 

PUBLIC HEARING OPENED AT 7:24PM.

 

RESOLUTION NO. 12-2024 – RESOLUTION DIRECTING THE REPAIR OR REMOVAL OF AN ALLEGED UNSAFE AND DANGEROUS STRUCTURE AND ACCESSORY STRUCTURE – PARCEL #006-119-30-0-20-23-00300-0-01 LEGALLY DESCRIBED AS F-15 FORT SCOTT, PT LOTS 2 & 4 BLK 67 BEG NW COR LOT 2 POB E 36.6’ S 85’ W 36.6’ N POB IN BOURBON COUNTY, IN THE CITY OF FORT SCOTT, KANSAS, OTHERWISE KNOWN AS (110 W. OAK), FORT SCOTT, KS 66701.

 

The owner of the property appeared before the Commission to explain the timeline of the repairs to date and the situation with his contractor. The Commission suggested preparing an update of progress, written commitment from the Contractor, and pulling the permits for the next meeting for the Commission’s consideration.

 

MOTION:  T. VanHoecke moved to close the Public Hearing at 7:35PM. M. Wells seconded the motion. All voted yes.

 

MOTION CARRIED BY 5-0 VOTE.

 

PUBLIC HEARING CLOSED AT 7:35PM.

 

MOTION:  T. VanHoecke moved to table the decision of Resolution No. 12-2024 until the April 16, 2024, meeting at which time the property owner will provide information on the hired contractor, the structural soundness of the structure and a timeline for completion for the City Commission to determine the path of the resolution.  M. Guns seconded the motion. All voted yes.

 

MOTION CARRIED BY 5-0 VOTE.

 

MOTION:  T. VanHoecke moved to open the Public Hearing for Resolution No. 13-2024 at 7:36PM.  D. Olson seconded. All voted yes.

 

MOTION CARREID BY 5-0 VOTE.

 

PUBLIC HEARING OPENED AT 7:36PM.

 

RESOLUTION NO. 13-2024 – RESOLUTION DIRECTING THE REPAIR OR REMOVAL OF AN ALLEGED UNSAFE AND DANGEROUS STRUCTURE AND ACCESSORY STRUCTURE – PARCEL #006-119-29-0-10-12-00900-0-01 LEGALLY DESCRIBED AS CAMERONS ADD-SUB DIV ORIG BLK 5, LOTS 27 & 28 BLK 3 IN BOURBON COUNTY, IN THE CITY OF FORT SCOTT, KANSAS, OTHERWISE KNOWN AS (1801 E. WALL), FORT SCOTT, KS 66701.

 

1. Nation provided an overview of the property’s status and prior interactions with the Codes Department. The owners are deceased, and the heir does not want the property.

 

Discussion was had about the options for the structures and the property.

 

1. Farmer recommended getting a title search on 1801 E. Wall before proceeding.

 

NO ONE WAS PRESENT TO SPEAK AT THE PUBLIC HEARING.

 

MOTION:  T. VanHoecke moved to close the Public Hearing at 7:41PM.  M. Guns seconded the motion. All voted yes.

 

MOTION CARRIED BY 5-0 VOTE.

 

PUBLIC HEARING CLOSED AT 7:41PM.

 

MOTION:  T. VanHoecke moved to remove the alleged unsafe and dangerous structure and accessory structure known as 1801 E. Wall.  D. Olson seconded the motion.  D. Olson, M. Guns, and T. VanHoecke voted yes.  M. Wells and T. Dancer voted no.

 

MOTION CARRIED BY 3-2 VOTE.

 

1. Guns stated that she wanted to rescind her vote of yes.

 

Further discussion was had on the history of this property and options due to M. Guns requesting to rescind her vote.

 

Lindsay Madison was recognized by the Chair and addressed the Commission to state that the last time taxes had been paid on the property was in 2014 and there are special assessments attached as well.

 

The City Clerk asked the City Attorney for guidance on the request for M. Guns to rescind her vote.  B. Farmer stated that a new motion needed to be brought to the table for another vote.

 

MOTION:  T. VanHoecke moved to approve Resolution No. 13-2024 directing the removal of an alleged unsafe and danger structure and accessory structures known as 1801 E. Wall St.  D. Olson seconded the motion.  D. Olson and T. VanHoecke voted yes.  M. Guns, M. Wells and T. Dancer voted no.

 

MOTION DEFEATED BY 2-3 VOTE.

 

ACTION:  M. Wells directed staff to have a title search on 1801 E. Wall St. and then bring back to the April 16^th agenda for consideration.

 

MOTION:  M. Wells moved to open the Public Hearing at 7:54PM.  T. VanHoecke seconded the motion.  All voted yes.

 

MOTION CARRIED BY 5-0 VOTE.

 

PUBLIC HEARING OPENED AT 7:54PM.

 

CDBG GRANT CLOSE-OUT: Sanitary Sewer System Improvements –                          Evaluation of the performance of CDBG Grant No. 22-PF-016. Oral and written         comments to be recorded and become part of the City’s CDBG Citizen                   Participation Plan.

 

There were no public comments regarding the CDBG Grant No. 22-PF-016.

 

MOTION:  M. Wells moved to close the Public Hearing at 7:54PM.

 

1. VanHoecke seconded the motion. All voted yes.

 

MOTION CARRIED BY 5-0 VOTE.

 

PUBLIC HEARING CLOSED AT 7:54PM.

 

MOTION:  M. Wells moved to close out CDBG Grant No. 22-PF-016 – Sanitary Sewer Project.  M. Guns seconded. All voted yes.

 

MOTION CARRIED BY 5-0 VOTE.

 

Approval of 2024 Water Meter Changeout Program Purchase – $67,245.75 –

1. Matkin stated that (325) water meters were changed out last year. He explained that reasons for the annual changeout of meters are due to failures, service renewals or part of the ten (10)-year water meter change out program. Currently the City has (361) meters on hand but there are always assorted sizes required. He stated that B. Lemke reported that the current estimated delivery time is the end of the year.

 

1. Guns left the meeting at 7:53PM (Time stamp: 1:53:22)

 

1. Guns returned to the meeting at 7:54PM (Time stamp: 1:54:00)

 

MOTION:  T. VanHoecke moved to approve the request for the water meter change out program purchase of $67,245.75 which was budgeted in the Capital Improvement Plan for $100,000.00; saved the taxpayers $33,000.00.  M. Guns seconded the motion.  All voted yes.

 

MOTION CARRIED BY 5-0 VOTE.

 

Consideration of Contract for Audit Services for year ended December 31, 2023 – Diehl, Banwart, Bolton Certified Public Accountants PA – Fees are $19,600.00 for the financial statement audit and an additional $5,175.00 for the single audit.  B. Matkin stated that this request was seeking approval to continue using Diehl, Banwart and Bolton for 2024.

 

MOTION:  M. Wells moved to approve the request to continue using Diehl, Banwart and Bolton, a local provider, for their audit service.  D. Olson seconded the motion.  All voted yes.

 

MOTION CARRIED BY 5-0 VOTE.

 

Approval of Close-Out Packet – Project No. 22-PF-016-CDBG Sanitary Sewer Project:  a) Grantee’s Release Form, b) Certificate of Completion, c) Notice of Completion/Final Inspection and Final Wage Compliance Report and d)  Approval of Section 3 Close-Out Report.

 

1. Dickman confirmed that all issues were resolved, and all paperwork had been completed.

 

1. Wells stated that there are a few alleys where the gravel has settled a bit. He asked it that could be addressed. J. Dickman stated we were still under warranty and would notify the contractor after receiving the locations.

 

MOTION:  M. Guns moved to approve the Close-Out Packet for Project No. 22-PF-016 CDBG Sanitary Sewer Project including items a through d.   M. Wells seconded the motion.  All voted yes.

 

MOTION CARRIED BY 5-0 VOTE.

 

Consideration of Request for Payment – SEKRPC – Invoice #5 – Project No.       22-PF-016 – CDBG Sanitary Sewer Project – Grant Administrative Services – To be reimbursed by CDBG upon submission of Close-Out Packet – $2,200.00

 

MOTION:  M. Guns moved to approve the request for payment to SEKPRC for $2,200.00 for Grant Administrative Services for Project No. 22-PF-016 CDBG Sanitary Sewer Project.  T. VanHoecke seconded the motion.  All voted yes.

 

MOTION CARRIED BY 5-0 VOTE.

 

Consideration of Certificate of Appropriateness – Sharky’s Pub & Grub –          Patio Addition – Recommended by Design Review Board, March 19, 2024

 

MOTION:  T. VanHoecke moved to approve the Certificate of Appropriateness for Sharky’s Pub & Grub Patio Addition.  M. Guns seconded the motion. All voted yes.

 

MOTION CARRIED BY 5-0 VOTE.

 

Consideration of Certificate of Appropriateness – 17^th & Main St. – Mi Ranchito – Outdoor Sign – Recommended by Design Review Board, March 26, 2024

 

MOTION:  M. Wells moved to approve the Certificate of Appropriateness for Mi Ranchito outdoor sign at 17^th and Main Street.  T. VanHoecke seconded the motion.  All voted yes.

 

MOTION CARRIED BY 5-0 VOTE.

 

Consideration to Amend from a 5-Member Design Review Board – received Letters of Interest from Rachel French, Robert Coon and Ann Rawlins – Not recommended by Design Review Board to appoint more members at this time.

 

 

Discussion was had regarding the decision not to increase the number of board members at this time. (Time stamp 2:01:52)

 

NO ACTION TAKEN.

 

Consideration of Change Order No. 1 – Project No. 22-305 – South             Industrial

Park Waterline Extension – Nowak Construction Co., Inc. – Final measured quantities to deduct 13 LF of 20” steel casing pipe (bore & jack) for (-$3,354.00) and to deduct 598 LF of 6” to 12” pipe trenching in rock for (-$5,980.00). Final total deduction of (–$9,334.00)

 

1. Dickman stated that because Earles Engineering did the inspection on this project, they were able to keep a watch on quantities used and bring the discrepancies back to the contractor for the deductions from the quoted cost.

 

MOTION:  M. Guns moved to approve Change Order No. 1 for Project No. 22-305 South Industrial Park Waterline Extension for a final deduction of -$9,334.00) from Nowak Construction Co., Inc.  M. Wells seconded the motion. All voted yes.

 

MOTION CARRIED BY 5-0 VOTE.

 

Approval of Substantial Completion – Project No. 22-305 – South Industrial

Park Waterline Extension – Nowak Construction Co., Inc.

 

MOTION:  T. VanHoecke moved to approve the Certificate of Substantial Completion for Project No. 22-305 all work completed on March 19, 2024, and certified by City Engineer Jason Dickman, approval of Application for Payment No. 4 for $49,191.45 and Application for Payment No. 5 for $55,295.00 to Nowak Construction Co.  M. Guns seconded the motion.  All voted yes.

 

MOTION CARRIED BY 5-0 VOTE.

 

Consideration of Request for Payment – Invoice #0002 – REDI – Issue Date March 19, 2024 – Product Service: August 2023-$10,053.33; September 2023-$10,053.33; October 2023-$10,053.33; November 2023-$10,053.33; December 2023-$10,053.33 Total Due – $50,266.65

 

1. Olson stated for the record that he has yet to see a reason for these numbers and he will not support this (payment).

 

Discussion of the current and previous REDI contracts (Time stamp 2:07:18)

 

MOTION:   T. VanHoecke moved to pay REDI $50,266.65 for 2023.

 

 

 

The City Clerk stated that there was a partial payment of $5,416.67 made for August of 2023 according to an expense approval report (provided at table).

 

Discussion was had about the payments on the expense report (Time stamp 2:12:36)

 

167. VanHoecke amended his motion to reflect the amount due to REDI as $45,167.67 after reviewing the expense approval report showing the amount already paid. M. Wells seconded the motion. M. Wells, T. VanHoecke, M. Guns and T. Dancer voted yes.  D. Olson voted no.

 

MOTION CARRIED BY 4-1 VOTE.

 

Consideration of Demolition Bids for 922 E. Wall (Bid #D01-2024)

Three (3) bids were submitted:  Hartman Landscaping, LLC – $1,850.00; Muddy Boots Landscaping – $17,500.00 and Dave’s Demo – $2,000.00.

 

MOTION:  T. VanHoecke moved to award the bid to Hartman Landscaping LLC for $1,850.00.

 

Discussion was had about the bids and demolition experience of the bidders (Time stamp 2:16:02)

 

MOTION:  D. Olson moved to award the bid to Dave’s Demo for $2,000.00

Motion was struck due to the incomplete motion process of previous motion still on the table.

 

1. Guns seconded the motion made by T. VanHoecke. All voted yes.

 

MOTION CARRIED BY 5-0 VOTE.

 

Consideration of Demolition Bids for 515 S. Heylman (Bid #D02-2024) –

Three (3) bids were submitted:  Hartman Landscaping, LLC – $1,850.00; Muddy Boots Landscaping – $19,500.00 and Dave’s Demo – $2,000.00.

 

MOTION:   T. VanHoecke moved to award the bid to Dave’s Demo for $2,000.00.  D. Olson seconded the motion.  D. Olson, T. VanHoecke and T. Dancer voted yes.  M. Guns and M. Wells voted no.

 

MOTION CARRIED BY 3-2 VOTE.

 

Consideration of Ground Lease Bids – (Bid #GL01-2024)

 

MOTION:  M. Wells moved to go out back out for bids for a multi-year bid award for the Ground Lease at the Wastewater Treatment Plant.

 

MOTION DIED FOR LACK OF A SECOND.

 

MOTION:  T. VanHoecke moved to approve the highest bidder for $15,555.00 by Mike Fritter.  D. Olson seconded the motion.  All voted yes.

 

MOTION CARRIED BY 5-0 VOTE.

 

ACTION:    B. Matkin was directed to reach out to the awarded bidder to explain the Commissions concerns regarding the current condition of the land and expectations moving forward.

 

 

Reports and Comments

 

City Manager (Time stamp 2:29:37) – B. Matkin

• Next meeting -MOU with the Bourbon County Senior Citizen’s Center.
• Signs ordered for uptown.
• Employment offer extended to applicant for part-time downtown maintenance positions, member will report to Parks Department.
• Uptown will be striped in the next week or so; delayed with other projects.
• (2) Fireworks bids received, same price, will decide based on packages presented in each bid.
• Land Bank board update and brief discussion.
• Work Session – April 23^rd at 6:00PM with Garth Hermann/Gilmore Bell to discuss RHIDs.

 

City Engineer (Time stamp 2:32:50) – J. Dickman

• Horton Street Project – Bids due April 11, 2024, at 2:00PM – (1) Addendum published – possible second Addendum before deadline.
• Discussion on brick salvage during Horton project
• 25^th Street testing – all passing

 

Commissioners Comments

 

1. VanHoecke (Time stamp 2:36:02) – Main Street bathrooms

 

1. Wells (Time stamp 2:36:45) – Question to B. Matkin regarding status of the CDBG Grant for Memorial Hall; M. Wyatt is working with Carey Spoon.

– Work plan for Skubitz Plaza.

– Correction that he misspoke, it was not raw sewage flowing in the fields, it was sludge that flows into the fields from the Wastewater Treatment Plant.

-Upcoming events: Civil War Encampment – April 20^th; Camp Dance (1800s Ball) at Memorial Hall; also, Farmers’ Market and Luau coming up soon.

 

1. Matkin included the Wrestling Event on April 13^th at Memorial Hall.

 

 

1. Guns (Time stamp 2:39:14)

– Revisit the Brick Policy

– Schedule Work Sessions

 

ACTION:    T. Dancer asked M. Guns to email the City Clerk a list of Work Sessions she would like to see happen. Clerk to distribute to the Commissioners and staff to begin scheduling dates.

 

1. Olson (Time stamp 2:40:57) – Commended the Street Crew and their current leadership on their work with 25^th Street and all their other accomplishments. He believes that a lot can be done.

 

1. Dancer (Time stamp 2:41:23) – Thankful to everyone for their dedication and being prepared to discuss City business and make decisions at the meeting; still work on brevity.

 

City Attorney (Time stamp 2:42:02) – No comments

 

MOTION:  T. VanHoecke moved to adjourn the meeting at 8:42PM (Time stamp 2:42:08).  M. Guns seconded the motion.  All voted yes.

 

APRIL 2, 2024, MEETING ADJOURNED AT 8:42PM.

 

_______________________________________________________________________

Respectfully submitted by:

Lisa A. Lewis, City Clerk