Fort Scott, Government

Unapproved Minutes of the City of Fort Scott Meeting on March 19

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CITY OF FORT SCOTT

CITY COMMISSION MEETING

 

 

Minutes of March 19, 2024                                                                Regular Meeting

 

The regular meeting of the Fort Scott City Commission was held March 19, 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, and Dyllon Olson were present with Mayor Tracy Dancer.

 

Pledge of Allegiance and Invocation – T. Dancer led the Pledge of Allegiance and M. Wells 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, Jason Pickert/Chief of Police, Jessica Oliphant/BakerTilly, Ben Hart/City Finance Director-BakerTilly (via Teams Meeting), Tom Coffman/Public Works Director, Leroy Kruger/Codes Enforcement Technician, Lisa Lewis/City Clerk, Michael Hoyt, J. D. Collins/R&R Equipment, Diane Striler, Cory Bryars, Kate Freeman, Deb Needleman, Gary Cullor, Kevin Mitchelson/Wheeler & Mitchelson Law Firm, Dakota Lapping/Wheeler & Mitchelson Law Firm, Fred Wingert/Advantage Development LLC, and Lindsay Madison.

 

Approval of Agenda

 

MOTION:  T. VanHoecke moved to approve the agenda as presented. D. Olson seconded the motion.  All voted yes.

 

APPROVED AGENDA AS PRESENTED.

 

Consent Agenda

 

– Approval of Appropriation Ordinance 1356-A – Expense Approval Report – Payment Dates February 28, 2024 – March 12, 2024 – $387,082.32

– Approval of Minutes from September 19, 2023, February 6, 2024, and

March 5, 2024

– February Financials

 

MOTION:  D. Olson moved to approve the Consent Agenda as presented.               M. Wells seconded the motion. All voted yes.

 

 

APPROVED CONSENT AGENDA AS PRESENTED.

 

Public Comment   No Public Comments.

 

Appearances

 

Joe Wimmer (Time stamp 5:55) – Tiger Color Run – Request for Temporary Street Closure – April 26, 2024 – Maple Ridge Park (roadway in Riverfront Park) – 5:00PM – 8:00PM and Temporary Park Closure – April 26, 2024 – 4:00PM – 8:00PM.

 

MOTION:  M. Wells moved to approve the applications.  D. Olson seconded the motion. All voted yes.

 

APPROVED THE REQUEST FROM USD234 FOR A TEMPORARY STREET CLOSURE ON APRIL 26, 2024, OF MAPLE RIDGE PARK (ROADWAY IN RIVERFRONT PARK) FROM 5:00PM TO 8:00PM AND THE TEMPORARY CLOSUURE OF RIVERFRONT PARK ON APRIL 26, 2024, FROM 4:00PM – 8:00PM FOR THE ANNUAL TIGER COLOR RUN.

 

Diane Striler and Cory Bryars (Time stamp – 7:17) – appeared before the Commission to provide the requested financial outline of the costs to own and operate the proposed Downtown Ice-Skating Rink from the March 5, 2024, Appearance.  (The written is proposal available in the March 19, 2024, Agenda Packet on www.fscity.org).  They presented three (3) potential scenarios for City involvement in the Community Ice Rink categorized as Most Involvement, Less Involvement and Least Involvement.

 

Discussion was had about the possibility of alternative locations, fundraising and other costs involved.

 

MOTION:  M. Wells moved to have the City take ownership of the skating rink (the option of Most Involvement) with the location to be determined at another time.

 

  1. Wells amended his motion to the option of Less Involvement (City owned and other operate) in the Fort Scott Pavilion. M. Guns seconded the motion.

 

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

 

MOTION DEFEATED BY 3-2 VOTE.

 

 

 

Old Business 

 

Approval of Ordinance No. 3762 – AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 2383, ORDINANCE NO. 2384 AND ORDINANCE NO. 2393 WHICH ESTABLISHES THE CITY OF FORT SCOTT, KANSAS, PLANNING COMMISSION, AND ORDINANCE NO. 3497 AMENDING SECTION 2.20.040 MEMBERS APPOINTMENT AND TERMS OF THE MEMBER THEREOF AND DEFINING THEIR DUTIES – Recommended by Planning Commission – February 21, 2024, tabled by City Commission – March 5, 2024- Commission Work Session – March 12, 2024.

 

MOTION:  T. VanHoecke moved to approve Ordinance No. 3762 – an ordinance repealing and replacing Ordinance No. 2383, Ordinance No. 2384 and Ordinance No. 2393 which establishes the City of Fort Scott, Kansas, Planning Commission, and Ordinance No. 3497 amending Section 2.20.040 Members Appointment and Terms of the Member thereof and defining their duties.  M. Wells seconded the motion. All voted yes.

 

APPROVED ORDINANCE NO. 3762.

 

  1. Matkin requested the introduction of J. Oliphant/BakerTilly.

 

  1. Hart introduced J. Oliphant to the Commission. She will be instrumental in the preparation of the 2025 budget for the City.

 

Approval of Ordinance No. 3761 – AN ORDINANCE AMENDING SECTION 10.04.90 OF ORDINANCE NO. 3486 UTLITY TERRAIN VEHICLES (UTV) OF THE FORT SCOTT MUNICIPAL CODE – tabled March 5, 2024, to change verbiage before approval.

 

MOTION:  T. VanHoecke moved to approve Ordinance No. 3761 as it has been changed.  D. Olson seconded the motion.  All voted yes.

 

APPROVED ORDINANCE NO. 3761.

 

Approval of Ordinance No. 3763 to repeal Ordinance No. 3060 Requiring a Public Dance License.

 

MOTION:  M. Guns moved to approve Ordinance No. 3763 to repeal Ordinance No. 3060.  T. VanHoecke seconded the motion.

 

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

 

APPROVED ORDINANCE NO. 3763 TO REPEAL ORDINANCE NO. 3060.

 

Approval to correct the numbering of Charter Ordinance No. 32 to Charter Ordinance No. 35.

 

  1. Lewis stated that it was discovered there was a Charter Ordinance No. 32, Charter Ordinance No. 33 and Charter Ordinance No. 34 already recorded. This document would need to be renumbered to Charter Ordinance No. 35.

 

  1. Oliphant left the meeting (Time stamp 42:43).

 

  1. Wells requested that the Mayor recognize M. Hoyt. M. Hoyt stated that he could verify that this information was correct, and none of the previous (Charter Ordinance No. 32, 33, or 34) were challenged.

 

MOTION:  T. VanHoecke moved to approve the correct numbering of the Charter Ordinance from No. 32 to Charter Ordinance No. 35.  M. Guns seconded the motion.  All voted yes.

 

APPROVED TO CORRECT THE NUMBERING OF CHARTER ORDINANCE NO. 32 TO CHARTER ORDINANCE NO. 35.

 

Consideration of MOU with Bourbon County Senior Citizens, Inc. – tabled from February 20, 2024.

 

ACTION:  B. Matkin was directed to reach out to the petitioner to verify all information provided to the City Commission in their request before the MOU is drafted by the City Attorney and placed on a future agenda.

 

  1. Wells added four (4) items for consideration in drafting the agreement in addition to the $1,000.00 a month from the ARPA Funds to the Senior Citizens Center as previously discussed: 1) a partnership with SEKAAA to set up a meal site for senior citizens who do not take meals home; 2) partnership with SEKAAA for better signage for the building; 3) continued improvement of the main area enabling the availability of more programs; 4) addition of a City Representative to the Senior Citizen Board.

 

 

 

MOTION:  T. VanHoecke moved to table Consideration of MOU with Bourbon County Senior Citizens, Inc. until the items in the correspondence can be addressed (by direction of B. Matkin to reach out to the petitioner) and including the additional items presented by M. Wells.  M. Wells seconded the motion.

 

Deb Needleman/Treasurer of the Bourbon County Senior Citizens board was recognized by the Mayor and addressed the Commission regarding the funding concerns.

 

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

 

APPROVED TO TABLE THE CONSIDERATION OF AN MOU WITH THE CITY AND BOURBON COUNTY SENIOR CITIZENS, INC.

 

Updates on six (6) lake lot surveys – J. Dickman distributed copies of the lake lot survey to the City Commission. These are to be filed with the County.

 

Discussion was had about the lots and the encroachment tract on the survey and options to be considered moving forward.

 

NO ACTION WAS TAKEN.

 

New Business

 

Public Hearing – Case No. 1043 – Zoning Change from R2-C3 and Conditional Use Permit – Gary W. Cullor and Sally A. Cullor Revocable Trust represented by Kevin F. Mitchelson/Wheeler & Mitchelson Law Firm and Fred Wingert/Advantage Development, LLC. – Recommended by the Planning Commission on February 21, 2024.

 

MOTION:  T. VanHoecke moved to open the Public Hearing at 7:05PM (Time stamp 1:05:50).  D. Olson seconded the motion.  All voted yes.

 

APPROVED TO OPEN THE PUBLIC HEARING AT 7:05PM.

 

  1. Mitchelson provided the case brought before the Planning Commission. The parcel is 2.6 acres currently zoned as residential (R2). The first request is approval to rezone the parcel to (C3) for commercial development. The second request is the approval of a Conditional Use Permit.  The details are as follows:  1) F. Wingert is the developer under contract with the Cullors (contingent on rezoning) and plans to place an eight (8) unit self-storage building on the property; 2) no houses

 

will be directly affected; 3) there are commercial uses of the neighboring property; 4) there were no objections before the Planning Commission Public Hearing on February 21, 2024;  5) they are aware of the flood plain, but it is not an issue for this project;  6) the boundaries of the property have been verified;  7) access to the units will be through Scott Street;  8) the City has given proper Public Notice according to Code and Statutes; 9) F. Wingert has had conversations with the neighbors and addressed their concerns;  10) there has been no objection to the project; 11) it received unanimous approval from the Planning Commission. Therefore, they are before the City Commission requesting approval of the rezoning request and approval of the conditional use permit.

 

There were no public objections presented at this hearing on March 19, 2024.

 

MOTION:  T. VanHoecke moved to close the Public Hearing at 7:12PM (Time stamp 1:11:50).  M. Wells seconded the motion.  All voted yes.

 

APPROVED TO CLOSE THE PUBLIC HEARING AT 7:12PM.

 

MOTION:  M. Guns moved to approve the request to change the zoning of the parcel from R2 to C3 and approve the Conditional Use Permit for Case No. 1043.  T. VanHoecke seconded the motion.  All voted yes.

 

APPROVED THE REQUEST TO CHANGE THE ZONING OF THE PARCEL FROM R2 TO C3 AND APPROVE THE CONDITIONAL USE PERMIT FOR CASE NO. 1043.

 

Consideration to purchase (1) 2024 72” Grasshopper 900D mower under state contract #53340. Item is budgeted for 2024 to replace the Super 104 mower -$21,124.95 – T. Coffman

 

  1. Hart verified that this purchase was in the budget.

 

MOTION:  D. Olson moved to approve the purchase of the 2024, 72” Grasshopper 900D as presented.  T. VanHoecke seconded the motion.  All voted yes.

 

APPROVED TO PURCHASE THE 2024, 72” GRASSHOPPER 900D AS PRESENTED.

 

Consideration to purchase WorkMaster 70 – Tractor for the Golf Course and Fort Scott Lake from R&R Equipment – Sole Vendor – $38,500.00 – T. Coffman

 

  1. VanHoecke stated the purchase was in the 2024 budget.

 

 

  1. Guns asked the purpose of the purchase was being split 50% from the Lake Fund and 50% from the General Fund and not a split with the Golf Course Fund.

 

  1. Hart verified that it was budgeted for the golf course but the Golf Course Fund does not have the cash at this point, however the Golf Course Fund was split from the General Fund. The Golf Fund was only allocated $40,000.00.

 

MOTION:  M. Guns moved to approve the purchase of the WorkMaster 70 from R&R Equipment for the price of $38,500.00.

 

  1. Farmer left the meeting (Time stamp 1:17:54)

 

  1. Wells seconded the motion. All voted yes.

 

APPROVED TO PURCHASE THE WORKMASTER 70 FROM R&R EQUIPMENT FOR THE PRICE OF $38,500.00.

 

Consideration of CD Reinvestment Bids – (2) bids received – Landmark National Bank and UMB Bank  for a $2,000,000.00 – 12 Months – Settlement Date March 20, 2024 – Maturity Date June 20, 2024 AND $1,000,000.00 – 3 months – Settlement Date March 20, 2024 –  Maturity Date June 20, 2024.

 

  1. Hart stated that UMB Bank outbid Landmark National Bank. On the $2,000,000.00 (12-month CD) – UMB Bank bid 4.76%; Landmark Bank bid 4.71%. On the $1,000,000.00 (3-month CD) – UMB Bank bid 5.14%; Landmark Bank bid 5.11%. The staff recommended awarding the bid to the higher interest rate.

 

MOTION:  T. VanHoecke moved to approve the UMB Bank proposal.  M. Wells seconded the motion.  All voted yes.

 

APPROVED THE UMB BANK PROPOSAL FOR A $2,000,000.00 INVESTMENT ON A 12-MONTH CD AT 4.76% AND A $1,000,000.00 INVESTMENT ON A 3-MONTH CD AT 5.14%.

 

  1. Farmer returned to the meeting (Time stamp 1:20:00)

 

Discussion of School Zone Speed Limit Signs on National Ave. – T. Dancer addressed the current placement of the new lighted School Zone signs and made some suggestions for where they might be more helpful due to where students actually cross National Ave.

 

 

 

ACTION:  B. Matkin was directed to work with Chief J. Pickert to move the flashing signs to better locations within the school crossing zone on National Ave.  B. Matkin stated that it will take some time to do that as other projects are already scheduled and lights are on order for Eugene Ware school crossing zone but probably will not arrive until next year.

 

  1. VanHoecke left the meeting (Time stamp 1:23:49)

 

Discussion of Downtown Parking Time Limit/Yellow Curb Enforcement – B. Matkin informed the Commission that beginning April 2, 2024, the City will start enforcing the 2-hour parking on Main Street from 3rd Street to Skubitz Plaza. Signs are up and they will be adding more. B. Matkin will talk further with the City Attorney regarding parking on Wall Street, which is an area of concern.

 

  1. VanHoecke returned to the meeting (Time stamp 1:25:30)

 

  1. Farmer stated that the Chief of Police does have the authority to put up signage as needed. B. Matkin stated they do have a plan for enforcement that will be put in place and will include truck routes.

 

  1. Dancer addressed the Yellow Curb Enforcement.

 

ACTION:  B. Matkin stated that he will work on this issue with Chief J. Pickert and be ready for April 2nd on this issue as well.

 

  1. Wells addressed the intersection of 3rd and National Ave. where there was a stop sign removed but the white line remains and people are stopping because it is the law. The sign should either be reinstalled, or the white line removed.

 

  1. Dancer addressed a parking space indicated by paint in the entrance of the City lot at the corner of 1st Street and National Ave.

 

  1. Wells provided an example of a town that used parking meters to help with parking and streetscape in their downtown area. The monies collected by the meters were put into a fund just for streetscape and sidewalk improvement including benches, landscape, etc. in the downtown area. He stated that he is presenting it as an option to consider at some point.

 

Discussion of Codification of Ordinances for City of Fort Scott – L. Lewis presented the options and recommendations offered by CivicPlus and Municode

 

(our current service providers) to begin the process of getting the City’s ordinances in order, current and user friendly.

 

ACTION:  L. Lewis was directed to continue moving toward a goal and bring back prices for the options available.

 

  1. Matkin left the meeting (Time stamp 1:34:05)

 

  1. Matkin returned to the meeting (Time stamp 1:37:50)

 

Discussion of Fireworks for 4th of July – B. Matkin stated that the Elks Lodge was the previous display provider for the City but did not do it last year. Another group took care of last year’s display but are not able to do it again this year. He stated that he spoke with B. Hart regarding what other cities do for firework festivities. Most cities budget funding for the 4th of July (and Christmas); Fort Scott currently does not. To cover this year, he would be requesting up to (no more than) $15,000.00 since it is not in the 2024 budget.

 

  1. Hart stated that the interest earnings from investments are going to be far above what is budgeted; he would recommend putting that in the General Fund and then taking that as part of a decision package for the 2025 budget to continue to pay for the future.

 

  1. Wells requested $15,000.00 for fireworks for Christmas. B. Matkin stated that the City may also need a new tree. Decisions to come.

 

ACTION:  T. VanHoecke directed B. Matkin to go out for bids, with a request for extensive detail in their bids, for firework service for the City on Saturday, July 6, 2024.

 

Reports and Comments

 

City Manager (Time stamp 1:52:37) – No comments

 

City Engineer (Time stamp 1:52:43) – J. Dickman stated that the Horton Street Project is out for bid and due April 11, 2024. Possible addendum to come.

 

 

 

 

 

 

Commissioners Comments

 

  1. Olson (Time stamp 1:53:34) – Land Bank expired seats

 

ACTION:  B. Matkin to follow up with M. Wyatt regarding last time vacancies were advertised and status of the sitting Board.

 

  1. VanHoecke (Time stamp 1:54:58) – Striping on National Ave. (middle and crosswalks) is faded and barely visible at night, 25th Street improvement looks great, hope everyone took advantage of their Constitutional right and voted.

 

  1. Wells (Time stamp 1:55:44) – compliments to Street Crews on their work completion and the City appreciates all that they do.

 

  1. Guns (Time stamp 1:56:20) – officially announced that she will be stepping down within the next two months as the family will be moving out of state for a job relocation.

 

  1. Dancer (Time stamp 1:58:00) – proposed considering an appropriate road to rename in honor of the late Senator Bob Marshall.

 

City Attorney – (Time stamp 1:59:30) – No comments

 

Adjourn

 

MOTION:  T. VanHoecke moved to adjourn the meeting at 8:00PM (Time stamp 1:59:44).  M. Guns seconded the motion.  All voted yes.

 

MARCH 19, 2024, MEETING ADJOURNED AT 8:00PM.

 

_______________________________________________________________________

Respectfully submitted by:

Lisa A. Lewis, City Clerk

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