CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

 

Minutes of January 9, 2024                                         Regular Meeting

 

A regular meeting of the Fort Scott City Commission was held January 9, 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 the invocation.

 

AUDIENCE IN ATTENDANCE Brad Matkin/City Manager, Jason Dickman/Earles Engineering, Jason Pickert/Chief of Police

 

APPROVAL OF AGENDA

The City Clerk requested that Approval of December 19, 2023, minutes be removed and put on the next agenda.

 

1. Olson requested that New Business items B and C be swapped for order.

 

1. VanHoecke moved to approve the agenda with the amendments. D. Olson seconded. All voted aye.

 

AGENDA APPROVED WITH THE OMMITANCE OF APPROVAL OF DECEMBER 19, 2023, MINUTES AND NEW BUSINESS ITEMS B AND C BE SWAPPED FOR ORDER.

 

CONSENT AGENDA:

2024. Approval of Minutes of the Regular Meeting of December 19, 2023, and January 2, 2024.
2025. Approval of Appropriation Ordinance 1351-A – $4,063,977.89
2026. Request to Pay – Earles Engineering & Inspection, Inc. – Project No. 23-430 – South Industrial Park Waterline Extension – Invoice No. 17054 – Inspection Fees – $17,473.48
2027. Request to Pay – Sprouls Construction, Inc. – Project No. 22-031B – Fort Scott Pavilion Project – Payment Application No. 3 – $70,875.00
2028. Request to Pay – Nowak Construction Co., Inc. – Project No. 22-305 – Contractor’s Project No. 231031 – South Industrial Park Waterline Extension – Contractor’s Application for Payment No. 2 – $231,061.95
2029. Request to Pay – T. Richardson Construction – Project No. 21-307 -Application for Payment No. 8 – 17^th and Eddy St. Stormwater Improvements – Drainage – $23,619.44
2030. Request to Pay – Bourbon County Treasurer – 2023 Real Estate Taxes for City-owned properties – $43,301.08.
2031. Renewal of 2024 Cereal Malt Beverage License for Consumption on the Premises – Debra Cagle – DBA Fifthwheel Tavern – 206 N. Humbolt, Fort Scott.

 

1. VanHoecke moved to approve the Consent Agenda. M. Guns seconded. All voted aye.

 

CONSENT AGENDA APPROVED

 

PUBLIC COMMENT: No public comments

 

OLD BUSINESS:

 

Review and Agreement of Code of Ethics – Ordinance No. 3563 – tabled from January 2, 2024 – T. Dancer asked if anyone would like to make a motion to accept and begin adherence to the Code of Ethics as it stands with no amendments.  T. VanHoecke moved to approve adherence to the Code of Ethics as it is written with the option of making future amendments.

 

1. VanHoecke withdrew his motion.

 

1. Olson moved to approve the Code of Ethics with the changes he proposed.

 

1. Olson amended his motion to move forward with the revisions he provided for the Code of Ethics.

 

1. Wells seconded the motion with an additional amendment of the Commission being able to independently reach out by electronic communication to the City’s Bond Counsel, City Attorney, City Finance Director, City Clerk and City Engineer and “cc” the City Manager on all communications.

 

Further discussion was had on amendments to the Code of Ethics.

 

1. Olson amended his motion further to include by submitting his revisions to City staff to revise the changes and return it to the Commission for a vote.

 

1. Guns seconded the motion. All voted aye.

 

APPROVED TO SUBMIT D. OLSON’S AND M. WELL’S REVISIONS TO THE CITY ATTORNEY TO AMEND THE CODE OF ETHICS ORDINANCE AND RETURN TO THE COMMISSION FOR A VOTE.

 

Discussion of Advisory Boards from Work Session

1. VanHoecke stated that discussion was had at the Work Session to disband the Lake Advisory Board, Golf Advisory Board, Airport Advisory Board, Electrical Board, Plumbing Board.

 

1. Wells moved to keep the Design Review Board. T. VanHoecke seconded. All voted aye.

 

APPROVED TO KEEP THE DESIGN REVIEW BOARD.

 

1. Wells moved to keep the Land Bank Board of Trustees. D. Olson seconded. All voted aye.

 

APPROVED TO KEEP THE LAND BANK BOARD OF TRUSTEES.

 

1. VanHoecke moved to repeal the ordinance for the Lake Fort Scott Advisory Board. D. Olson seconded. All voted aye.

 

APPROVED TO REPEAL THE ORDINANCE FOR THE LAKE FORT SCOTT ADVISORY BOARD.

 

1. VanHoecke moved to repeal the ordinance for the Golf Advisory Board. M. Guns seconded. All voted aye.

 

APPROVED TO REPEAL THE ORDINANCE FOR THE GOLF ADVISORY BOARD.

 

1. Wells moved to keep the Planning Commission. T. VanHoecke seconded.

 

Discussion to table the decision to obtain legal counsel regarding combing the Planning Commission with the Zoning Board of Appeals.

 

1. Wells withdrew his original motion.

 

1. Wells moved to table a decision regarding the Planning Commission to obtain legal counsel about combining with the Zoning Board of Appeals. M. Guns seconded. All voted aye.

 

APPROVED TO TABLE A DECISION REGARDING THE PLANNING COMMISSION TO OBTAIN LEGAL COUNSEL ABOUT COMBINING WITH THE ZONING BOARD OF APPEALS.

1. Guns moved to repeal the ordinance for the Electrical Board. D. Olson seconded. All voted aye.

 

APPROVED TO REPEAL THE ORDINANCE FOR THE ELECTRICAL BOARD.

 

1. VanHoecke moved to repeal the ordinance for the Plumbing Board. D. Olson seconded. All voted aye.

 

APPROVED TO REPEAL THE ORDINANCE FOR THE PLUMBING BOARD.

 

1. Wells moved to create an ordinance for a Contractors’ Advisory Board to include positions as presented by the City Manager for electrical, plumbing and a City Commission Liaison to be included. M. Guns seconded. All voted aye.

 

APPROVED TO CREATE AN ORDINANCE FOR A CONTRACTORS’ ADVISORY BOARD TO INCLUDE POSITIONS AS PRESENTED BY THE CITY MANAGER FOR ELECTRICAL PLUMBING AND A CITY COMMISSION LIAISON TO BE INCLUDED.

 

1. Wells moved to keep the Streets Advisory Board with the changes that were suggested during the work session: the number of members on the board, include the City Commissioner Liaison, the City Engineer when needed and meet every other month or as needed. D. Olson seconded. All voted aye.

 

APPROVED TO KEEP THE STREETS ADVISORY BOARD WITH THE CHANGES THAT WERE SUGGESTED DURING THE WORK SESSION: THE NUMBER OF MEMBERS ON THE BOARD, INCLUDE THE CITY COMMISSIONER LIAISON, THE CITY ENGINEER WHEN NEEDED AND MEET EVERY OTHER MONTH OR AS NEEDED.

 

1. VanHoecke moved to repeal the ordinance for the Airport Advisory Board. D. Olson seconded. All voted aye.

 

APPROVED TO REPEAL THE ORDINANCE FOR THE AIRPORT ADVISORY BOARD.

 

 

 

 

 

 

 

 

 

NEW BUSINESS: 

 

Selection of City Commissioner Representatives to Advisory Boards

 

Bourbon County REDI City Commission Representative

1. Guns moved to retain T. VanHoecke as the City Commission

Representative to the Bourbon County REDI Board.  M. Wells seconded.

All voted aye.

 

1. VANHOECKE APPROVED TO REMAIN THE CITY COMMISSION RESPRESENTATIVE TO THE BOURBON COUNTY REDI BOARD.

 

Land Bank Board of Trustees City Commission Representative

1. Guns moved to select D. Olson as the City Commission Representative to the Land Bank Board of Trustees. T. VanHoecke seconded.  All voted aye.

 

1. OLSON APPROVED TO BE THE CITY COMMISSION REPRESENTATIVE OF THE LAND BANK BOARD OF TRUSTEES.

 

Lake Fort Scott Advisory Board City Commission Representative

1. Wells moved to table the selection of the Lake Fort Scott Advisory Board City Commission Representative until the ordinance is repealed. T. VanHoecke seconded. All voted aye.

 

SELECTION OF THE LAKE FORT SCOTT ADVISORY BOARD CITY COMMISSION REPRESENTATIVE IS TABLED UNTIL THE ORDINANCE IS REPEALED.

 

Fort Scott Public Library Board City Commission Representative

1. VanHoecke moved to retain M. Wells as the City Commission Representative

to the Fort Scott Public Library Board.  M. Guns seconded. All voted aye.

 

1. WELLS APPROVED TO REMAIN THE CITY COMMISSION REPRESENTATIVE TO THE FORT SCOTT PUBLIC LIBRARY BOARD.

 

Fort Scott Housing Authority Delegate

1. VanHoecke moved to select T. Dancer as the Fort Scott Housing

Authority Delegate. M. Wells seconded. All voted aye.

 

1. DANCER APPROVED AS THE FORT SCOTT HOUSING AUTHORITY DELEGATE.

 

 

Healthy in All Practices (HIA)

1. VanHoecke moved to select M. Guns as the City Commission Representative to the Healthy in All Practices Commission. D. Olson seconded. All voted aye.

 

1. GUNS APPROVED AS THE CITY COMMISSION REPRESENTATIVE TO HEALTHY IN ALL PRACTICES COMMISSION.

 

Approval of Golf Advisory Board recommendations – (8) Letters of Interest submitted to fill (4) vacancies – Golf Advisory Board recommendations made on December 27, 2023.

 

1. VanHoecke moved to table the recommendations to fill board vacancies pending the approval to repeal the ordinance of the Golf Advisory Board. M. Wells seconded. All voted aye.

 

APPROVED TO TABLE THE RECOMMENDATIONS TO FILL BOARD VACANCIES PENDING THE APPROVAL TO REPEAL THE ORDINANCE OF THE GOLF ADVISORY BOARD.

 

Request to Amend Ordinance No. 3604 – Membership Terms – Golf Advisory Board recommends change City/County requirements in the ordinance as stated on Staff Request for Commission Action

 

1. Wells moved to table the recommendations to change membership requirements pending the approval to repeal the ordinance of the Golf Advisory Board. T. VanHoecke seconded. All voted aye.

 

APPROVED TO TABLE THE RECOMMENDATIONS TO CHANGE MEMBERSHIP REQUIREMENTS PENDING THE APPROVAL TO REPEAL THE ORDINANCE OF THE GOLF ADVISORY BOARD.

 

Consideration of Change Order No. 1 – Sprouls Construction, Inc. – Project No. 22-032 – KDOT Sub-Area Road Extension & US-69 at 20^th St. Repair – Final Measured Quantities – Decrease of $7,341.20

 

341. VanHoecke moved to approve Change Order No. 1 with Sprouls Construction Project No. 22-032 for a decrease of $7,341.20. D. Olson seconded. All voted aye.

 

APPROVED CHANGE ORDER NO. 1 WITH SPROULS CONSTRUCTION PROJECT NO. 22-032 FOR A DECREASE OF $7,341.20.

 

 

 

Consideration of Contractor’s Application for Payment No. 1 (Final) – Sprouls Construction, Inc. – Project No. 22-032 – KDOT Sub-Area Road Extension & US-69 at 20^th Street Repair – $148,783.80 – Certificate of Substantial Completion included.

 

783. Guns moved to approve the payment of $148,783.80 to Sprouls Construction, Inc. for Project No. 22-032. T. VanHoecke seconded. All voted aye.

 

APPROVED THE PAYMENT OF $148,783.80 TO SPROULS CONSTRUCTION, INC. FOR PROJECT NO. 22-032.

 

Consideration of Change Order No. 2 – Bennett, Inc. – Project No. 23-005B – Engineer’s Project No. 217314-022 – Infantry Substation Sanitary Sewer Relocation – $129,530.00

 

1. VanHoecke asked J. Dickman/City Engineer to confirm for the citizens that this portion of the payment would be reimbursed to the City by Evergy. J. Dickman confirmed.

 

530. VanHoecke moved to approve Change Order No. 2 on Project No. 217314-022 with Bennett, Inc. for $129,530.00. D. Olson seconded. All voted aye.

 

APPROVED CHANGE ORDER NO. 2 ON PROJECT NO. 217314-022 WITH BENNETT, INC. FOR THE AMOUNT OF $129,530.00.

 

Approval of 2024 Cereal Malt Beverage (CMB) License for Consumption on the Premises and Retail Sale of Original and Unopened Containers – Kevin Allen – DBA Aunt Toadies – 1411 E. Wall, Fort Scott – 2023 CMB License was issued for Consumption on the Premises only, requires new approval.

 

1. VanHoecke moved to approve the 2024 Cereal Malt Beverage License for Consumption on the Premises and Retail Sale of Original and Unopened Containers for Kevin Allen DBA Aunt Toadies at 1411 E. Wall, Fort Scott. D. Olson seconded. All voted aye.

 

APPROVED THE 2024 CEREAL MALT BEVERAGE LICENSE FOR CONSUMPTION ON THE PREMISES AND RETAIL SALE OF ORIGINAL AND UNOPENED CONTAINERS FOR KEVIN ALLEN DBA AUNT TOADIES AT 1411 E. WALL, FORT SCOTT.

 

RESOLUTIONS:

 

Resolution No. 1-2024 – DESIGNATING THE OFFICIAL CITY NEWSPAPER FOR THE ENSUING TERM OF THE GOVERNING BODY OF THE CITY OF FORT SCOTT, KANSAS

 

1. Olson moved to approve Resolution No. 1-2024 as presented. M. Wells seconded. All voted aye.

 

APPROVED THE FORT SCOTT TRIBUNE IS THE OFFICIAL CITY NEWSPAPER FOR THE ENSUING TERM OF THE GOVERNING BODY OF THE CITY OF FORT SCOTT, KANSAS.

 

Resolution No. 2-2024 – DESIGNATING THE OFFICIAL DEPOSITORIES FOR THE PUBLIC FUNDS OF THE CITY OF FORT SCOTT, KANSAS

 

1. Olson moved to approve Resolution No. 2-2024 as presented. M. Wells seconded. All voted aye.

 

APPROVED THE CITY STATE BANK, THE UMB BANK, THE LANDMARK NATIONAL BANK, THE LIBERTY SAVINGS ASSOCIATION, AND THE UNION STATE BANK; ALL OF FORT SCOTT, KANSAS; AND THE KANSAS MUNICIPAL INVESTMENT POOL OF TOPEKA, KANSAS, BE DESIGNATED AS THE OFFICIAL DEPOSITORIES OF THE PUBLIC FUNDS OF THE CITY OF FORT SCOTT, KANSAS, A MUNICIPAL CORPORATION.

 

Resolution No. 3-2024 – EXEMPTION FROM GENERALLY ACCEPTED ACCOUNTING PRINCIPLES UNDER K.S.A. 1120A

 

1. VanHoecke moved to table approval of this resolution until the January 23, 2024, City Commission meeting. M. Wells seconded. All voted aye.

 

APPROVED TO TABLE APPROVAL OF RESOLUTION NO. 3-2024 – EXEMPTION FROM GENERALLY ACCEPTED ACCOUNTING PRINCIPLES UNDER K.S.A. 1120A UNTIL THE JANUARY 23, 2024, CITY COMMISSION MEETING.

 

 

 

 

 

 

Resolution No. 4-2024 – NOTICE OF HEARING WITH REFERENCE TO ALLEGED UNSAFE AND DANGEROUS STRUCTURE LOCATED AT 922 E. WALL – PUBLIC HEARING DATE – FEBRUARY 20, 2024, AT 6:15PM.

 

1. VanHoecke moved to approve Resolution No. 4-2024 regarding the alleged unsafe and dangerous structure at 922 E. Wall with a Public Hearing to be held February 20, 2024, at 6:15PM. M. Guns seconded.
2. Guns, T. VanHoecke, D. Olson and T. Dancer voted aye. M. Wells voted nay.

 

APPROVED RESOLUTION NO. 4-2024.

 

Resolution No. 5-2024 – NOTICE OF HEARING WITH REFERENCE TO ALLEGED UNSAFE AND DANGEROUS STRUCTURE LOCATED AT 515 S. HEYLMAN – PUBLIC HEARING DATE – FEBRUARY 20, 2024, AT 6:15PM.

 

1. VanHoecke moved to approve Resolution No. 5-2024 regarding the alleged unsafe and dangerous structure at 515 S. Heylman with a Public Hearing to be held February 20, 2024, at 6:15PM. M. Guns seconded.
2. VanHoecke, T. Dancer and M. Guns voted aye. M. Wells and D. Olson voted nay.

 

APPROVED RESOLUTION NO. 5-2024.

 

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.

 

1. Wells moved to adjourn the meeting at 7:24PM. M. Guns seconded. All voted aye.

 

MEETING ADJOURNED AT 7:24PM.

 

Submitted by:

Lisa A. Lewis, City Clerk