Fort Scott

Minutes of the January 23 Special Fort Scott City Commission Meeting

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CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

 

 

Minutes of January 23, 2024                                           Regular Meeting

 

A regular meeting of the Fort Scott City Commission was held January 23, 2024, at 6:00PM in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas.

 

ROLL CALL

Commissioners T. Van Hoecke, M. Wells, M. Guns, and D. Olson were present with Mayor T. Dancer.

 

PLEDGE OF ALLEGIANCE AND INVOCATION   T. Dancer led the Pledge of Allegiance and B. Matkin provided the invocation.

 

AUDIENCE IN ATTENDANCE Brad Matkin/City Manager, Jason Dickman/Earles Engineering, Jason Pickert/Chief of Police, Ben Hart/BakerTilly-Finance, Dave Bruner/Fire Chief, Mark McCoy/REDI, Robert Harrington/REDI, Marvin A. Lewis, Josh Jones, Travis Sawyer, Michael J. Hoyt, Jody Lore, Darnell Pullian, Barry Queen, Dean Striler and Cory Bryars.

 

 

APPROVAL OF AGENDA

 

  1. VanHoecke moved to approve the agenda as submitted. M. Wells seconded. All voted aye.

 

AGENDA APPROVED AS SUBMITTED.

 

 

CONSENT AGENDA

 

  1. Approval of Minutes of the Regular Meeting of December 19, 2023, and January 9, 2024
  2. Approval of Appropriation Ordinance 1352-A – $1,136,092.65
  3. Request to Pay – Bennett, Inc. –Project No. 23-005B – Infantry Substation Sanitary Sewer Relocation – Payment Application No. 3 — $104,165.51.
  4. Request to Pay – Bennett, Inc. – Project No. 23-005B – Infantry Substation Sanitary Sewer Relocation – Payment Application No. 4 (Final) – $40,964.70 – with Substantial Completion
  5. Request to Pay – Sprouls Construction, Inc. – Project No. 22-031B – Fort Scott Pavilion – Application for Payment No. 4 – $29,468.65.

 

  1. Request to Pay – Environmental Process Equipment Company (EPEC) – Invoice #01162401 – UV Upgrade at WWTP – Final Payment – (remaining 10% of $318,378.00) – $31,837.80.
  2. December Financials

 

  1. Wells moved to approve the Consent Agenda. T. VanHoecke seconded. All voted aye.

 

CONSENT AGENDA APPROVED.

 

 

PUBLIC COMMENT

 

Josh Jones:  J. Jones addressed the Commission requesting that they delay approving the Bourbon County REDI Contract for 2024 that is on the night’s agenda until the next meeting to hear a proposal from the Healthy Bourbon County Action Team (HBCAT) to complement REDI.  

 

Dean Striler:  D. Striler addressed the Commission regarding his disapproval of the decision to disband the Lake Fort Scott Advisory Board and requested an explanation.

 

Barry Queen:  B. Queen addressed the Commission regarding his disapproval and concerns of the decision to disband the Lake Fort Scott Advisory Board. He would like clear communication.

 

Michael J. Hoyt:  M. Hoyt addressed the Commission regarding who will be the City contact for the STAR Bond. B. Matkin stated that he is the City contact and Garth Hermann/GillmoreBell who B. Matkin would contact for responses to STAR Bond questions.

 

 

OLD BUSINESS

 

Combine Planning Commission and Zoning Board of Appeals – tabled from January 9, 2024, for legal counsel

  1. Farmer stated that the Planning Commission and Zoning Board of Appeals must remain (2) separate boards. They each serve separate purposes whose duties cannot be completed by a single board, and each has distinct functions.

 

NO ACTION TAKEN. THE BOARDS REMAIN SEPARATE.  

 

Resolution No. 3-2024 – EXEMPTION FROM GENERALLY ACCEPTED ACCOUNTING PRINCIPLES UNDER K.S.A. 1120A – tabled from January 9, 2024

  1. Hart explained the differences between General Accepted Accounting Principles (GAAP) and accounting by Cash Basis which is designed for smaller cities in the state of Kansas which is done by waiver under this resolution.

 

  1. VanHoecke moved to approve Resolution No. 3-2024 – EXEMPTION FROM GENERALLY ACCEPTED ACCOUNTING PRINCIPLES UNDER K.S.A. 1120A. M. Wells seconded.

 

  1. Hoyt was recognized by the Chair to comment on waiving GAAP.

 

All voted aye.

 

APPROVED RESOLUTION NO. 3-2024 – EXEMPTION FROM GENERALLY ACCEPTED ACCOUNTING PRINCIPLES UNDER K.S.A. 1120A.

 

City Commission Representative to the Fort Scott Public Library           M. Wells explained that there was concern from the Fort Scott Public Library that the newly elected Mayor was not to sit on the Library Board. M. Wells was chosen by Commission vote to remain the representative. This is against the board’s standard practice. B. Farmer/City Attorney researched the topic and found no Kansas statutes that prohibited M. Wells from remaining on the Library Board without the title of Mayor for 2024. The direction come from the Southeastern Kansas Library Association’s accepted standards. B. Farmer will write a letter to the Fort Scott Public Library explaining the Commission’s decision to retain M. Wells as the City Commission Representative for the Fort Scott Public Library for 2024. If there continues to be an issue, the remedy would be to write a Charter Ordinance.

 

NO NEW ACTION TAKEN. THE VOTE TO RETAIN M. WELLS AS THE CITY COMMISSION REPRESENTATIVE TO THE FORT SCOTT PUBLIC LIBRARY, JANUARY 9, 2024, STANDS AS RECORDED.

 

 

APPREARANCES 

 

Michael J. Hoyt regarding Charter Ordinance No. 31: M. Hoyt addressed the Commission by request of an Appearance and provided supplemental materials. In summary, on August 18, 2020, a Charter Ordinance exempting the City of Fort Scott from the provisions of K.S.A. 12631P relating to the disposition of sewer and storm water reserve funds was passed by the City Commission. After the ordinance passed, a protest petition was found to be sufficient by the County Attorney. The petition was circulated, enough signatures were obtained to put this issue on a ballot. A special election was held on January 5, 2021, and the decision was that Charter Ordinance No. 31 would NOT be invoked.  M. Hoyt stated that he has an issue with this because Charter Ordinance No. 31 is not recorded in the City’s ordinances; like it never existed. M. Hoyt stated that it should be in the City’s records as passed by the City Commission and revoked by protest petition. He is asking that it be put on the record.  B. Farmer stated that it is called a “distinction without a difference”. M. Hoyt would like to make sure that there are no further mistakes. He stated that there have been similar issues in the past.

 

  1. VanHoecke requested that (1) last look be made for the documents. If they cannot be located, the City Clerk is to request the election results and documentation from the County Clerk to have for this City Commission who will then validate the file the records at the City.
  2. Hoyt stated it would be beneficial to have the letter that was sent to the City from the County Elections Officer that said that the election did, in fact, take place.

 

The Commission directed the City Manager, City Attorney and City Clerk to follow up with the stated actions.

 

 

NEW BUSINESS 

 

Public Hearings:

 

  1. Wells moved to open the Public Hearing for Case No. 1042 at 6:45PM. T. VanHoecke seconded. All voted aye.

 

APPROVED TO OPEN PUBLIC HEARING FOR CASE NO. 1042 – VACATION OF E. 21ST STREET – MARVIN A. LEWIS AT 6:45PM.

 

Case No. 1042 – Vacation of E. 21st Street – Marvin A. Lewis – Not recommended by Planning Commission January 10, 2024.

  1. Lewis was present as well as Josh Jones who has property that would be affected by the vacation of the street. The Planning Commission did not recommend the vacation due to accessibility concerns for potential development in the immediate area. J. Jones proposed an alternative solution at the end of the Planning Commission meeting on January 10, 2024. J. Jones suggested swapping the parcels on each side of E. 21st Street so that M. Lewis’ property would remain together instead of being split by the road and easement. The Planning Commission did not recommend vacating E. 21st Street as requested. They heard the alternative proposal after voting and suggested taking the idea to the City Commission for consideration as a compromise to the access concerns.

 

Discussion was had about options.  B. Farmer stated that the Commission can only vote on whether to vacate E. 21st Street as presented in the case.  J. Jones stated that the alternative would be to vote on the vacation and then make a second motion regarding the proposal.

 

  1. Guns moved to close the Public Hearing at 6:55PM. M. Wells seconded. All voted aye.

 

APPROVED TO CLOSE THE PUBLIC HEARING OF CASE NO. 1042 AT 6:55PM.

 

  1. Wells motioned to follow the recommendation of the Planning Commission and not approve the action request to vacate E. 21st Street as presented in Case No. 1042. T. VanHoecke seconded. All voted aye.

 

APPROVED TO FOLLOW THE RECOMMENDATION OF THE PLANNING COMMISSION AND NOT APPROVE THE ACTION REQUEST TO VACATE E. 21ST STREET AS PRESENTED IN CASE NO. 1042.

 

  1. Wells moved to have the City Attorney write a proposal to swap Lot 11, owned by Marvin A. Lewis, with the City-owned property on the other side of E. 21st Street. The City of Fort Scott would maintain the ability access to utilities on all land in the transaction. This proposal is to be presented to Marvin A. Lewis for consideration. M. Guns seconded. All voted aye.

 

APPROVED TO HAVE THE CITY ATTORNEY WRITE A PROPOSAL TO SWAP LOT 11, OWNED BY MARVIN A. LEWIS, WITH THE CITY-OWNED PROPERTY ON THE OTHER SIDE OF E. 21ST STREET. THE CITY OF FORT SCOTT WOULD MAINTAIN THE ABILITY ACCESS TO UTILITIES ON ALL LAND IN THE TRANSACTION. THIS PROPOSAL IS TO BE PRESENTED TO MARVIN A. LEWIS FOR CONSIDERATION.

 

  1. Wells moved to open the Public Hearing for Case No. 1044 at 6:57PM. T. VanHoecke seconded. All voted aye.

 

APPROVED TO OPEN PUBLIC HEARING FOR CASE NO. 1044 – ZONING CHANGE AND SPECIAL USE PERMIT – 1601 E. WALL – TRAVIS SAWYER AT 6:57PM.

 

Case No. 1044 – Zoning Change and Special Use Permit – 1601 E. Wall – Travis Sawyer – Recommended by Planning Commission January 10, 2024 – Travis Sawyer requested that the City Commission consider a change in his original proposal to the Planning Commission which is to move the proposed building (7) feet closer to Franklin Street than what was represented on the map. He stated he spoke to the Planning Commission about it because he would be building into the easement. The intention is to keep it further from the waterway. The previous building was into the easement as well.

 

Pete Allen asked that the Commission keep in consideration the proposed Wall Street Historic District that is in process.

 

The City Engineer stated that he looked at the site and if the paperwork includes a variance to the setback, everything should be fine.

 

  1. VanHoecke moved to close the Public Hearing at 7:07PM. D. Olson seconded. All voted aye.

 

APPROVED TO CLOSE THE PUBLIC HEARING OF CASE NO. 1044 AT 7:07PM.

 

  1. VanHoecke moved to follow the recommendation of the Planning Commission and approve the action request of Case No. 1044 to change the zoning and special use permit of 1601 E. Wall Street. D. Olson seconded. All voted aye.

 

APPROVED TO FOLLOW THE RECOMMENDATION OF THE PLANNING COMMISSION AND APPROVE THE ACTION REQUEST OF CASE NO. 1044 TO CHANGE THE ZONING OF 1601 E. WALL STREET FROM MULTI-USE TO C-3 AND APPROVE THE SPECIAL USE PERMIT.

 

 

ACTION ITEMS

 

Replacement of staff vehicle allocated in 2023 Capital Improvement Plan Fire Chief Dave Bruner addressed the Commission for permission to search for a replacement for the 2009 Trailblazer (purchased in 2010) that is currently assigned to the Deputy Fire Chief as a response vehicle.

Repair of the vehicle has become an issue. D. Bruner stated that he would like the Commission’s approval to search for a used replacement vehicle and waive the approval requirement of the City’s Purchasing

 

Policy. That would allow him to work with the City Manager and act quicker on the purchase due to the demand for used vehicles. It was determined that the Commission had previously waived the requirements if funds were available.  B. Hart confirmed funds are available in the Public Safety Capital Equipment Fund with $30,000.00 allocated in the budget and the amount is amendable if necessary.

 

  1. Wells moved to approve the purchase of an unequipped vehicle under $30,000.00 (without required emergency items) and up to $35,000.00 (with required emergency items). D. Olson seconded. All voted aye.

 

APPROVED THE PURCHASE OF AN UNEQUIPPED VEHICLE UNDER $30,000.00 (WITHOUT REQUIRED EMERGENCY ITEMS) AND UP TO $35,000.00 (WITH REQUIRED EMERGENCY ITEMS) WITH THE APPROVAL TO BE MADE BY THE CITY MANAGER.

 

  1. Matkin left the room (7:20PM)

 

Streets Advisory Board Ordinance Changes

  1. VanHoecke moved to table the discussion of ordinance changes until February 6, 2024. M. Guns seconded. All voted aye.

 

APPROVED TO TABLE THE DISCUSSION OF STREET ADVISORY BOARD ORDINANCE CHANGES UNTIL THE FEBRUARY 6, 2024, CITY COMMISSION MEETING.

 

Letter of Interest for the vacancy on the Streets Advisory Board submitted by Robert Hassig

  1. Wells moved to approve Robert Hassig as a member of the Streets Advisory Board. D. Olson seconded. All voted aye.

 

APPROVED ROBERT HASSIG AS A MEMBER OF THE FORT SCOTT STREETS ADVISORY BOARD.

 

  1. Matkin returned to the meeting (7:22PM)

 

Consideration of 2024 REDI Contract

Mark McCoy/President of Regional Economic Development Incorporated (REDI) addressed the Commission as the City and County’s economic development entity with a proposed contract beginning in 2024.

 

Discussion was had on the status of the contract and payments related to that contract.

 

  1. Harrington/Executive Director of REDI addressed the Commission regarding the future of the proposed contract with REDI and the status of the contract as he understood.

 

  1. Jones (former City Commissioner) was recognized by the Chair and made statements regarding the history of the contract with the City and REDI during his seating on the Commission.

 

Further discussion was had regarding the economic development for the City regarding first point of contact, following procedure, honoring the existing contract and possible changes in language of the proposed contract.

 

  1. Guns asked B. Hart for the amount available in the Economic Development Fund. B. Hart confirmed $196,000.00 is in the fund.

 

  1. Jones requested that the City hear a proposal from HBCAT to possibly complement the proposed REDI contract and have the (2) possibly work together.

 

  1. Guns moved to postpone consideration of the proposed 2024 Contract between REDI and the City of Fort Scott until the regular City Commission meeting of February 20, 2024. D. Olson seconded.
  2. Guns and D. Olson voted aye. T. VanHoecke, M. Wells and T. Dancer voted nay.

 

MOTION DEFEATED BY 2-3 VOTE.

 

  1. VanHoecke moved to approve the revised 2024 REDI contract which includes the 30-day cancellation notice and allows other entities to present their services to the Commission for consideration. T. Dancer seconded.

 

  1. VanHoecke and T. Dancer voted aye. D. Olson, M. Guns and M. Wells voted nay.

 

MOTION DEFEATED BY 2-3 VOTE.

 

  1. Farmer left the meeting (8:21PM)

 

 

 

 

 

Cost Plus Net Fee Agreement for (Preliminary) Engineering Services – Project No. 06-KA-6898-01 – KDOT CCLIP-US 54 Project Phase I

The City Engineer presented the official state contract which is a three-party agreement between the engineer, the City and the State. This agreement combines the fees of Phase I design and allows the 90/10 reimbursement to be put into effect. Once completed and returned to the State, a supplement to this agreement with cover Phase II design.

 

  1. Farmer returned to the meeting (8:23PM)

 

  1. Wells left the meeting (8:24PM)

 

  1. Olson moved to approve the Cost Plus Net Fee Agreement for (Preliminary) Engineering Services as presented. M. Guns seconded. D. Olson, M. Guns, T. VanHoecke, T. Dancer voted aye. M. Wells was absent for the vote.

 

APPROVED THE COST PLUS NET FEE AGREEMENT FOR (PRELIMINARY) ENGINEERING SERVICES FOR PROJECT NO. 06-KA-6898-01 KDOT CCLIP US54 PROJECT PHASE I.

 

  1. Wells returned to the meeting (8:25PM)

 

 

Work Session – Contractors’ Advisory Board

  1. Wells moved for continuation of discussions by Work Session regarding a Contractors’ Advisory Board to be held on February 20, 2024, 5:00PM at City Hall. M. Guns seconded.

 

 

REPORTS AND COMMENTS

Comments were made by the City Manager, City Engineer, Commissioner VanHoecke, Commissioner Wells, Commissioner Guns, Commissioner Olson, and Commissioner Dancer. Available on the City of Fort Scott YouTube Channel.

 

 

EXECUTIVE SESSION

  1. VanHoecke moved for the City Commission to recess into Executive Session for the purpose of discussing matter pursuant to the attorney/client privilege exception in K.S.A. 75-4319(b)(2). In the meeting will be the (5) City Commissioners, the City Manager, and the City Attorney. The open meeting will resume in the Commission Room at 9:06PM. M. Wells seconded. All voted aye.

 

APPROVED TO RECESS INTO EXECUTIVE SESSION.

 

  1. Wells moved to come out of Executive Session with no action. T. VanHoecke seconded. All voted aye.

 

APPROVED TO MOVE OUT OF EXECUTIVE SESSION WITH NO ACTION.

 

  1. VanHoecke moved to adjourn the meeting at 9:08PM. M. Guns seconded. All voted aye.

 

MEETING ADJOURNED AT 9:08PM.

 

Submitted by:

Lisa A. Lewis, City Clerk

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