CITY OF FORT SCOTT CITY COMMISSION MEETING

 

 

Minutes of October 15, 2024                                                             Regular Meeting

 

A Work Session was held on October 15, 2024 at 5:00PM directly followed by the regular meeting of the Fort Scott City Commission at 6:00PM in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas. Both meetings are available on the City of Fort Scott YouTube Channel. Time stamps according to recording.

 

The meeting called to order at 6:00PM. Commissioners Tim VanHoecke, Dyllon Olson, Matthew Wells, and Kathryn Salsbury were present with Mayor Tracy Dancer.

 

Audience in Attendance – Brad Matkin/City Manager, Bob Farmer/City Attorney, Jason Dickman/City Engineer-Earles Engineering, Officer Colby Davidson/FSPD, Norm Nation/Codes Enforcement, Jessica Oliphant/BakerTilly (via telephone), Michael Hoyt, Ann Rawlins, Don Banwart/President of OFGS, and Joseph Lotterer, Jose Montanez (via telephone)

 

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.

 

Approval of Agenda – (Time stamp 2:05)

1. Dancer requested the removal of Kathy Dancer from Appearances. She will appear at a later date.

 

MOTION:  T. VanHoecke moved to add Approval of the Certificate of Appropriateness for 12 N. Main Street – as it has been approved by SHPPO and satisfied the Commission’s request at the September 17, 2024, meeting –  to Unfinished Business – Item C.   D. Olson seconded the motion. All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

MOTION:  M. Wells moved to approve the Agenda as amended with the removal of Kathy Dancer and Item C added to Unfinished Business – 12 N. Main – Certificate of Appropriateness.  T. VanHoecke seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

Approval of Consent Agenda – (Time stamp 3:56)

– Approval of Appropriation Ordinance 1370-A – Expense Approval Report – Payment Dates of September 25, 2024 – October 8, 2024 – $ 734,821.86

– Approval of Minutes for October 1, 2024.

– September Financials

 

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

 

MOTION PASSED BY 5-0 VOTE.

 

 

 

 

Public Comments (Time stamp 4:34) – No comments

 

Appearances (Time stamp 4:36) – No appearances

 

(Time stamp 4:50)

Unfinished Business

Status of Building at 118 E. Wall – Requested documents from owner due per October 1, 2024, extension approved until October 15, 2024 –B. Matkin provided an update: have not received the requested Structural Engineer’s report, work is complete on the face of the building, contractor has moved out of the area, and (B. Matkin) spoke with the owner today and informed him that a structural engineer needs to look at it before it can be reopened.

 

Discussion was had about the work completed and the existing concerns of the building.

 

(Time stamp 6:43) J. Dickman provided his observations and his recommendation.

 

(Time stamp 8:23) Further discussion was had regarding the next step to verify that the building and Wall Street are safe to open.

 

(Time stamp 12:43) Jose Montanez addressed the Commission by telephone.

 

Clarification was made by the Commission and the work completed must be certified by a structural engineer.

 

(Time stamp 18:52) Discussion began regarding the City providing an independent structural engineering report.

 

(Time stamp 19:59) B. Matkin left the meeting and immediately returned (Time stamp 20:11).

 

ACTION:  J. Dickman will contact an independent structural engineer to complete the inspection of the building.

 

ACTION:  J. Montanez will reach out to the original structural engineer (Thomas Rewert) to see if he will certify the completed work.

 

ACTION:  T. VanHoecke directed J. Dickman and B. Matkin to hire a structural engineer to inspect the building.

 

(Time stamp 28:11) T. VanHoecke left the meeting and returned to the meeting (Time stamp 29:48).

 

1. Dancer stated that the Commission agrees that the owner has not complied with the requests and that the condition of the building is not safe.

 

It was clarified that the City will get a 3^rd party structural engineer to certify that entire building is not a public hazard. J. Montanez will seek certification from Thomas Rewert however the City will move forward with their inspection as a matter of due diligence for public safety.

 

(Time stamp 39:10) – Consideration to Approve Renewal of the Downtown Historic District and Riverfront Park Common Consumption Area Permit (existing Ordinance No. 3756) – annual permit expires November 21, 2024 – Tabled from October 1, 2024.

 

1. Matkin stated that he spoke with Jill Jaworski/Superintendent of the Fort Scott National Historic Site, and they have no issues with the extension of the Common Consumption Area to include the pavilion and Skubitz Plaza.

 

MOTION:  T. VanHoecke moved to approve the renewal of the downtown Historic District and Riverfront Park Common Consumption Area Permit.

 

1. Wells stated that the superintendent also stated that people are allowed to walk from Skubitz Plaza on to the Fort grounds (and back) with alcohol according to the National Park agreement with the current superintendent. They ask that people are respectful and obey all laws when doing so.

 

1. Wells stated that the superintendent had also asked that sometime in the future, the Commission consider permanently closing the drive-through area in Skubitz Plaza to create an additional seating area and making all of Skubitz Plaza a pedestrian only area.

 

1. Olson seconded the motion. All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

(Time stamp 42:11) Consideration to approve the Certificate of Appropriateness – 12 N. Main – Construction of An Exterior Metal Awning – Previously approved by the Design Review Board but denied by the City Commission on September 17, 2024. The Commission requested that the owner seek approval from SHPPO or use an approved material.

 

1. VanHoecke stated that the owner came back with approval from SHPPO with the stipulation that it must be a matte finish and must not be the raised seams which satisfied the requirements of the Commission.

 

MOTION:  T. VanHoecke moved to approve the request from Be the Light Boutique that was previously approved by the Design Review Board for 12 N. Main.  K. Salsbury seconded the motion. D. Olson, K. Salsbury, T. VanHoecke and T. Dancer voted yes.  M. Wells voted no.

 

MOTION PASSED BY 4-1 VOTE.

 

New Business

 

Public Hearing:

(Time stamp 43:18)

MOTION:  T. VanHoecke moved to open the public hearing for the Consideration to Approve Ordinance No. 3771 – Floodplain Management Ordinance – Pursuant to 44 CFR Sect. 60.3(d) – Regulatory Floodway Identified, K.S.A. 12-766 and K.A.R. 5-44-1 through 5-44-7 .  M. Wells seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

1. Nation stated that the ordinance is a renewal done every (5) years for FEMA in order to participate should we experience flood issues.

 

1. Olson requested that on page 2 of the ordinance, that Linn County we changed to Bourbon County.

 

There was no public comment.

 

(Time stamp 46:18)

MOTION:  T. VanHoecke moved to close the public hearing. M. Wells seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

MOTION:  M. Wells moved to approve Ordinance No. 3771 with the exception of changing Linn County to Bourbon County (page 2) to be considered approved once the correction is made.  D. Olson seconded the motion.  All voted yes.

 

MOTION APPROVED BY 5-0 VOTE.

 

(Time stamp 47:27)

MOTION:   T. VanHoecke moved to open the public hearing for the Consideration to Approve Resolution No. 28-2024 – Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure located at 1721 E. Wall.  M. Wells seconded the motion. All voted yes.

 

MOTION APPROVED BY 5-0 VOTE.

 

1. Nation stated that the owner of record were contacted and stated it was inherited from their father. They do not want to repair it and ask that the structure be removed. There were no public comments.

 

(Time stamp 49:20)

MOTION:  T. VanHoecke moved to close the public hearing. M. Wells seconded the motion. All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

MOTION:  T. VanHoecke moved to approve the removal of the structure at 1721 E. Wall as directed by Resolution No. 28-2024.  D. Olson seconded the motion. All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

(Time stamp 50:03)

MOTION:  T. VanHoecke moved to open the public hearing for the Consideration to Approve Resolution No. 29-2024 – Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure located at 323 W. Wall. D. Olson seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

2023. Nation stated that the project began December 11, 2023. The homeowner requested an opportunity to gather finances to restore the structure but was unsuccessful and tried to sell the property. The Codes department worked with the homeowner to give her time to find the means to save the home however the bids she received to restore the home were more than the value. He stated that the homeowner contacted Codes approximately (1) month ago and stated that she had exhausted her resources and had no problem with the structure being removed. There were no public comments.

 

(Time stamp 51:55)

MOTION:  T. VanHoecke moved to close the public hearing. D. Olson seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

Discussion was had regarding the condition of the home and salvaging architecture.

 

MOTION:  D. Olson moved to approve the removal of the structure at 323 W. Wall as directed by Resolution No. 29-2024. T. VanHoecke seconded the motion.  D. Olson, T. VanHoecke and T. Dancer voted yes.  K. Salsbury and M. Wells voted no.

 

MOTION PASSED BY 3-2 VOTE.

 

Further discussion was had regarding the purpose of the City identifying and rectifying dangerous and unsafe structures.

 

(Time stamp 1:01:48)

MOTION:  T. VanHoecke moved to open the public hearing for the Consideration to Approve Resolution No. 30-2024 – Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure located at 1619 E. Pine.  K. Salsbury seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

1. Nation stated that the owner of the property has not done maintenance on the property for years, has been sent multiple letters from Codes Enforcement but is now deceased. The son has removed what he wishes to keep from the structure and stated that the City can do as they please. The condition of the structure was discussed. There were no public comments.

 

(Time stamp 1:03:31)

MOTION:  M. Wells moved to close the public hearing.  K. Salsbury seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

MOTION:  M. Wells moved to approve the removal of the structure at 1619 E. Pine as directed by Resolution No. 30-2024.  T. VanHoecke seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

(Time stamp 1:04:17)

MOTION:  T. VanHoecke moved to open the public hearing for the Consideration to Approve Resolution No. 31-2024 – Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure at 1105 E. Scott.  D. Olson seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

1. Nation stated that all communication with the owners had been lost however the outside of the property was cleaned up last year but the issues with the structure were not addressed. Letters were sent and phone calls were made but there has been no response. There were no public comments.

 

(Time stamp 1:05:59)

MOTION:  T. VanHoecke moved to close the public hearing.  K. Salsbury seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

Discussion was had regarding saving properties from demolition, the purpose of the Land Bank, and options for salvaging this property.

 

1. Matkin left the meeting (Time stamp 1:10:30)

 

MOTION:  T. VanHoecke moved to table Resolution No. 31-2024 regarding the structure at 1105 E. Scott until November 19, 2024, giving Codes the opportunity to reach out to the owner or heir of the owner to ask if they would be willing to donate the property “as is” to the Land Bank at which point he would need to be willing to fill out the required documents in order to obtain a clear title. It would then be presented to the Land Bank for approval or rejection. If rejected, the structure may need to be removed.

 

1. Farmer left the meeting (Time stamp 1:11:53)

 

1. Wells seconded the motion. T. VanHoecke, M. Wells, K. Salsbury and T. Dancer voted yes. D. Olson voted no.

 

MOTION PASSED BY 4-1 VOTE.

 

(Time stamp 1:12:32)

MOTION:  T. VanHoecke moved to open the public hearing for the Consideration to Approve Resolution No. 32-2024 – Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure at 402 S. Lowman.  M. Wells seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

1. Matkin returned to the meeting (Time stamp 1:13:01)

 

1. Nation stated that the owner of record is deceased. There is a son who had lived in the structure but has since left and his whereabouts are unknown. The tax status is unknown. There are children in the immediate area and safety is an immediate concern.

 

Discussion was had on the condition of the structure and prior history of it coming before the Commission. There were no public comments.

 

(Time stamp 1:14:19)

MOTION:  T. VanHoecke moved to close the public hearing.

 

1. Farmer returned to the meeting (Time stamp 1:14:25)

 

1. Wells seconded the motion. All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

MOTION:  M. Wells moved to approve the removal of the structure at 402 S. Lowman as directed by Resolution No. 32-2024.  T. VanHoecke seconded the motion. All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

(Time stamp 1:15:01)

MOTION:  M. Wells moved to open the public hearing for the Consideration to Approve Resolution No. 33-2024 – Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure at 418 S. Couch.  T. VanHoecke seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

Joseph Lotterer (resident of 418 S. Couch) addressed the Commission and stated that he had been staying at 418 S. Couch for the past year. When he moved in, the front porch was an attached structure that was falling in but it has been removed. He stated that he is still making repairs to the house. His friend Amanda is the owner of the house and it belonged to her mother. Amanda does not live in the home. J. Lotterer stated that he has her on the phone if they wanted to speak to her. The Commission declined.

 

1. Nation stated that he does not have details because Leroy Kruger has been the one on this case. L. Kruger was not able to be present. N. Nation stated that the owner of record is deceased. J. Lotterer stated that Amanda is the next of kin, the daughter of the owner. He stated that he has removed the front porch roof, he is fixing the deck and is putting new siding and plywood up on the back side with more repairs to come. He stated that he only remembers receiving a letter to stating that he needed to get the yard cleaned up. Amanda moved out and left everything there but he was trying to get everything of his into the home so he was putting her stuff out into the yard. He does not have a vehicle so it is hard to get things cleaned up and hauled off but it’s a work in progress. He stated that it looks a lot better than it did but he does not remember getting a letter. He lives there with his friend. He stated the picture the Commission is looking at is an old picture and he has done a lot of work to it since then, a lot of clean up. He does not have a timeline for completion because he does not know what must be done. He saw the notice for the public hearing on the agenda.

 

1. Olson stated that the name on the letter was different than the owner of record on the county parcel record.

 

1. VanHoecke explained to J. Lotterer that he would like to table the consideration to a future meeting to clarify facts with the Codes Department regarding the letter that went out and other communications so the Commission can make a fair decision on the matter. J. Lotterer was asked to return to that meeting.

 

(Time stamp 1:21:50)

MOTION:  T. VanHoecke moved to close the public hearing. M. Wells seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

MOTION:  T. VanHoecke moved to table Resolution No. 33-2024 – Directing the Repair or Removal of an Unsafe Structure at 418 S. Couch until November 19, 2024. M. Wells seconded the motion.

 

ACTION:  T. VanHoecke requested that J. Lotterer leave his contact information for the Codes Department before he leaves the meeting.  J. Lotterer agreed.

 

All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

Action Items:

 

Consideration to Approve Resolution No. 27-2024 – Operation Greenlight for Veterans – that in observance of Operation Green Light, the City of Fort Scott, Kansas encourages its citizens in patriotic tradition to recognize the importance of honoring all those who made immeasurable sacrifices to preserve freedom by displaying green lights in a window of their place of business or residence from November 4th through the 11th, 2024.  M. Hoyt addressed the Commission regarding his request to approve the Resolution. He stated that the draft came from the Kansas Association of Counties. They asked that the City or the County take a picture and they will include them in their publication.

 

MOTION:  M. Wells moved to approve Resolution No. 27-2024 – Operation Green Light for Veterans.  D. Olson seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

1. Wells left the meeting (Time stamp 1:25:41)

 

Consideration to Approve Healthcare MOU – B. Farmer stated that the County and the City have been working together to establish an ER along with Freeman Hospital.

 

1. Wells returned to the meeting (Time stamp 1:26:49)

 

He continued that the Commission was provided a copy of a Memorandum Of Understanding (MOU) between Freeman and the County. The County will sign the document, but they want the City to approve it to form. He summarized a meeting that took place with Freeman Hospital that he, the City Manager, and the Mayor attended. This document is the first step along with a Funding Agreement. B. Farmer requested that the City Commission approve the document in form.

 

1. VanHoecke stated that the terms and the amount are the same as what they had approved to give Amberwell.

 

MOTION:  T. VanHoecke moved to approve the MOU for Healthcare to Freeman Hospital. D. Olson seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

1. Farmer explained the details of the Funding Agreement and stated that Freeman Hospital (Paula Baker) agreed to give an accounting of how the $600,000.00 is spent.

 

1. Olson confirmed with B. Farmer that in the agreement, Freeman Hospital agreed to reimburse the money over the course of payments if they do not open.

 

1. Farmer gave further details on what has been happening with the process of opening the ER.

 

MOTION:  T. VanHoecke moved to approve the Funding Agreement for Freeman Health Center with the terms that were provided in the agreement for accountability of the money, money coming back if they do not open in order to get them the lump sum of money that will bring the ER in Fort Scott.  D. Olson seconded the motion.  D. Olson, K. Salsbury, T. VanHoecke and T. Dancer voted yes.  M. Wells abstained.

 

VOTE PASSED BY 4-0 VOTE.

 

Consideration to Approve Federal-Aid Fund Exchange Master Agreement – B. Farmer stated that this was an agreement to receive federal money for projects. He stated that he has reviewed it and encourages the Commission to approve.

 

MOTION: M. Wells moved to approve the master agreement.  T. VanHoecke seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

Consideration to Appoint Ann Rawlins to the Fort Scott Planning Commission – Recommended by the Planning Commission on October 2, 2024, to fill the vacant seat of the (7) member Commission.

 

MOTION:  M. Wells moved to appoint Ann Rawlins to the Fort Scott Planning Commission.  K. Salsbury seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

Consideration of MOU Between City of Fort Scott and Old Fort Genealogical Society (OFGS) for Usage of the Eastern Side, Lower Level of Memorial Hall

 

Discussion was had about the terms of the agreement.

 

1. Lewis left the meeting at (Time stamp 1:40:21 and returned at 1:40:33).

 

1. Rawlins distributed a map of the proposed plans and discussion continued with questions answered by D. Banwart and A. Rawlins. They confirmed that they have insurance for their contents as well as liability insurance for their space. D. Banwart described their plans for the OFGS which include a museum and the proposed agreement between the Katy Railroad Society, OFGS, and the railroad museum of Dennison, TX. Discussion was had about the status of the meeting space of the American Legion with the proposed improvements and the preservation and possession of historic City documents and maps that are stored at Memorial Hall.

 

 

MOTION:  M. Wells moved to table the discussion until the Commission can go through a few of the items in the MOU, correct the issues they might have, talk with the American Legion, and then present another MOU.  T. VanHoecke seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

Consideration of a Change Order on Project No. 6 U-2455-01 Horton St. & 6^th St. Project – Replace/Repair Inlet and Manholes – J. Dickman informed the Commission about the scope of the repairs and replacement for a total of $22,384.36 and the addition of (4) working days on the project.

 

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

 

MOTION PASSED BY 5-0 VOTE.

 

City Manager Comments:

– Bourbon County Commission announced a Burn Ban that includes the City of Fort Scott

– Water supply is good and Cedar Creek is open, Rock Creek is not open. If we do not receive rain, it may need to be opened

– Cape Seal Project Update – concerns about quality of work

 

City Engineer Comments: 

– Horton Street & 6^th Street Project Update

– Structural Engineer has been contacted regarding 118 E. Wall

 

1. Olson Comments:

– Requested moving the next meeting to November 6th

 

1. VanHoecke Comments:

– Suggested volunteering for holidays

– Shop and support local businesses

 

1. Wells Comments:

– Skubitz Plaza Repair Plan revisited

– Consideration to permanently close the road in Skubitz Plaza and Main Street as walking district only

 

ACTION:  B. Matkin will look into the status of the Skubitz Plaza Repair Plan.

 

 

 

 

1. Salsbury Comments:

– Halloween Parade Permit – not needed due to no street closure

– Expansion of the School Speed Limit Zone on National to 8^th Street

 

ACTION:  B. Matkin will start looking for grants for additional lights. Flags are already in place

 

1. Dancer Comments:

– No comments

 

City Attorney Comments:

– Traffic flow changes at the Fort

 

MOTION:  T. VanHoecke moved for the City Commission to move into Executive Session for the purpose of a discussion pursuant to the personnel matters of non-elected personnel exception in K.S.A. 75-4319(b)(1). The (5) City Commissioners, the City Attorney and the City Manager will meet in the City Managers office and will return to the Commission Room at 8:28PM).  D. Olson seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

(Time stamp 2:28:10)

MOTION:  T. VanHoecke moved to come out of Executive Session.  M. Wells seconded the motion.  T. VanHoecke, M. Wells, D. Olson and T. Dancer voted yes.  K. Salsbury was not present for the vote.

 

MOTION PASSED BY 4-0 VOTE.

 

MOTION:  M. Wells moved for the City Commission to move into Executive Session for the purpose of discussion on the streets pursuant to the financial affairs or trade secrets of corporations, partnerships, trusts, and individual proprietorships exception in K.S.A. 75-4319(b)(4). The (5) City Commissioners, the City Attorney, the City Manager, and the City Engineer will meet in the City Manager’s office and will return to the Commission Room at 8:38PM.  T. VanHoecke seconded the motion.  T. VanHoecke, M. Wells, D. Olson and T. Dancer voted yes.  K. Salsbury was not present for the vote.

 

MOTION PASSED BY 4-0 VOTE.

 

(Time stamp 2:39:01)

MOTION:  T. VanHoecke moved to come out of Executive Session.  M. Wells seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

MOTION:  D. Olson moved for the City Commission to move into Executive Session for the purpose of a discussion of the City’s IT Infrastructure pursuant to the matters relating to security measures exception in K.S.A. 75-4319(b)(12). Open discussion would jeopardize such security measures. Executive session is needed to protect the infrastructure and the public. The (5) City Commissioners, the City Attorney and the City Manager will meet in the City Manager’s office and will return to the Commission Room at 8:55PM.  T. VanHoecke seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

(Time stamp 2:56:18)

MOTION:  M. Wells moved to come out of Executive Session.  T. VanHoecke seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

(Time stamp 2:56:30)

MOTION:  T. VanHoecke moved to adjourn.  M. Wells seconded the motion.  All voted yes.

 

OCTOBER 15, 2024 MEETING ADJOURNED AT 8:56PM

 

 

 

 

 

_______________________________________________________________________

Submitted by:

Lisa A. Lewis, City Clerk