CITY OF FORT SCOTT

CITY COMMISSION MEETING

 

 

Minutes of April 16, 2024                                        Regular Meeting

 

The regular meeting of the Fort Scott City Commission was held April 16, 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

Meeting called to order at 6:02PM (Time stamp: 2:27). Commissioners Matthew Wells, Tim VanHoecke, Melissa Guns, and Dyllon Olson were present with Mayor Tracy Dancer.

 

Pledge of Allegiance and Invocation

1. 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, Payton Coyan/City HR Director, Jessica Oliphant/BakerTilly (by phone), Scott Flater/Water Utilities Director, Lisa Lewis/City Clerk, Diane Striler, Cory Bryars, Scott Dennis, Kristen Dennis, Casey Brown/SEK-CAP, Scott Christiansen/SEK-CAP, Jamey M. Whitney/SEK-CAP, Cherri Walrod/Core Community, Kellie Kemp, Brandi Meeks, Don Tucker, Jean Tucker, and Bailey Lyons.

 

Proclamation – The Fort Scott City Commission declared April 27, 2024 “Spencer Lee Day” with a Memorial Proclamation read by Mayor Tracy Dancer and accepted by Kellie Kemp.

 

Approval of Agenda

The City Clerk requested (2) amendments to the Agenda: 1) Removal of Item 1 – Old Business – Resolution No. 12-2024/Repair or Removal of a Dangerous Structure known as 110 W. Oak (requested by L. Kruger/Codes);  2) Addition of Item 5 – New Business – Action Items – Consideration of Agreement No. 208-22 for Project No. U 2455-01 – Cost Share Program.

 

1. VanHoecke asked for clarification regarding Resolution No. 121-2024 – Resolution to Repair or Remove a Dangerous Structure known as 110 W. St. being removed from the agenda under Public Hearing. B. Matkin stated that the Codes Department is not present due to training out of town and the item will be returned on an upcoming agenda. He also spoke with the property owner.

 

MOTION:   M. Wells moved to approve the agenda with the requested amendments. D. Olson seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

Consent Agenda

 

–  Approval of Appropriation Ordinance 1358-A – Expense Approval Report – Payment Dates – March 27, 2024 – April 9, 2024 – $464,041.39

–  Approval of Minutes from April 2, 2024, and March 26, 2024, Special Meeting.

 

–  Request to Pay – Hofer, Hofer & Associates – Application No. 1 – Gunn Park Shower House and Restroom – Current Amount Due – $58,065.30

 

–  Request to Pay – Environmental Process Equipment Company (EPEC) – Cell #2 -Phase 2 Aeration Upgrade – Final Retainage – 10% of Total – $82,661.80 –S. Flater

 

–  Request to Pay – Ray Lindsey Company – 55% Due With Shipment (per contract) –    Invoice #2024084 – Supply and Removal of Smith & Loveless Grit Equipment – $333,856.05 – S. Flater

 

–  Request to Pay – Schneider Electric – Invoice #0001010681 – Client Service Contract – April 1, 2024 – March 31, 2025 – $12,543.00.

 

–  March Financials

 

MOTION:  M. Wells moved to approve the Consent Agenda.  M. Guns seconded the motion. All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

 

Public Comment – No Public Comments.

 

 

Appearances

 

–  Payton Coyan  (Time stamp – 12:01) – Temporary Street Closure – Luau Event – May 18, 2024 – 10:00AM to 11:00PM – North National to Oak – Market Street, North National to Old Fort Blvd. to North Main and Old Fort Blvd (alley entrance).

 

MOTION:  M. Wells moved to approve the request for Temporary Street Closures on May 18, 2024.  T. VanHoecke seconded the motion. All voted yes.

 

 

MOTION PASSED BY 5-0 VOTE.

 

1. Coyan recognized the sponsors of the Luau Event as well as those who donated.

 

–  Cherri Walrod – Core Community Bourbon County (Time stamp 15:24) appeared before the Commission to update them on the Core Community successes over the past year and invited everyone to the first graduation of those who completed the program so far.

 

1. Matkin requested that the Chair recognize the addition of a Public Comment from Bailey Lyons and that she be allowed to speak at this time because she had to leave.

 

–  Bailey Lyons and John Crain – Downtown Chamber Division (Time stamp 26:35)  appeared before the Commission to remind everyone regarding the Earth Day Downtown Cleanup on April 24^th from 4:00PM – 6:00PM and explain what will be done during the project.    She also acknowledged the Elks Club who provided a grant that funded most of the project, Good Neighbor Action Team and Bourbon County Arts Council and the City of Fort Scott.

 

–  Scott Christiansen/Transportation Director, Jamey Whitney/CEO and Casey Brown/Community Engagement Coordinator – BB Go Transportation– Southeast Kansas Community Action Program, Inc. (SEK-CAP) (Time stamp 33:01) appeared before the Commission to present the transportation services, in conjunction with the Bourbon County Action Team, they provide to citizens of Bourbon County. They are asking that the City consider making a donation to the company in order to continue services as well as expand in the future.

 

–  Diane Striler and Cory Bryars – Downtown Community Ice Rink (Time stamp 45:41) appeared before the Commission for consideration of the MOU they wrote to acquire a synthetic ice rink for the City of Fort Scott.

 

MOTION:  M. Wells moved to approve the MOU in its current state.  M. Guns seconded the motion.  M. Wells and M. Guns voted yes.  D. Olson, T. VanHoecke and T. Dancer voted no.

 

MOTION FAILED BY 2-3 VOTE.

 

ACTION:  T. VanHoecke requested that the City Clerk provide the MOU in its current state on the City website with the minutes of the meeting.

 

 

 

 

Old Business

 

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. Tabled from 4/2/2024 for further information. (Time stamp 59:32)

 

1. Wells stated that the further information was provided and the clarity was instead of 60’ by 120’ it is actually 60’ by 150’ square feet. Instead of it being 7,500 square feet, the Commission is being asked to vacate 9,000 square feet.

 

1. VanHoecke left the meeting at 7:06PM.

 

1. VanHoecke returned to the meeting at 7:08PM.

 

1. Farmer recommended for consideration to get the land surveyed and the City could issue a Quit Claim Deed.

 

MOTION:   D. Olson moved to vacate a 60’ by 150’ of Old Ford Street.  M. Guns seconded the motion.  M. Guns and D. Olson voted yes. M. Wells, T. VanHoecke and T. Dancer voted no.

 

MOTION FAILED BY 2-3 VOTE.

 

ACTION:  M. Wells directed that the City get the house “plotted” as a first step and then continue to figure out a path forward at another date.

 

MOTION:  M. Guns moved to have the City take responsibility and pay for the survey to be completed.  D. Olson seconded the motion.

 

1. Dennis stated that he had planned to put a porch on the back of the house.

 

1. VanHoecke requested to add to the motion on the table that the footprint of the house plus thirty (30) feet beyond. . . (statement not completed).

 

Further discussion was had about the amount of property to be included in the deed.

 

1. VanHoecke struck his addition to motion made by M. Guns.

 

1. VanHoecke seconded the motion. All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

ACTION:  B. Matkin stated that Norm Nation from the Codes Department would reach out to S. Dennis regarding the survey.

 

1. Farmer left the meeting at 7:19PM.

 

Discussion of Event Sponsorship Grant Program (Tourism Grant) – B. Matkin explained the program and the pay out options once approved through the rubric.

 

1. Farmer returned to the meeting at 7:21PM.

 

Discussion was had about the administration of the rubric and amount limits.

 

MOTION:  T. VanHoecke moved to approve that the maximum grant amount be $5,000.00 and that the rubric and evaluation sheet done by City staff be a line item in future agendas that are included in the Commissioners’ Agenda Packets.            M. Wells seconded the motion. All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

 

New Business

 

1. Public Hearings

 

1. CASE NO. 1045 – Zoning Change C2 to R2 – Requested by Jason Marbery – Intended use is to build four (4) duplexes – Recommended by Planning Commission March 27, 2024.

 

MOTION:  T. VanHoecke moved to open the public hearing at 7:28PM (Time stamp 1:27:11)  M. Wells seconded the motion. All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

Jason Marberry was not present.  There was no one present to be heard at the public hearing.

 

MOTION:  T. VanHoecke moved to close the public hearing at 7:29 (Time stamp 1:29:27).  M. Wells seconded the motion. All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

MOTION:  T. VanHoecke moved to approve the zoning change request from C2 to R2 as recommended by the Planning Commission for Case No. 1045.  M. Guns seconded the motion. All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

 

1. Action Items

 

Consideration of Purchase – Two (2) New Teledyne Ozone Analyzers (Teledyne API M465H) – $15,120.00 – S. Flater

 

MOTION:  M. Wells moved to approve the purchase of the two (2) Teledyne Ozone Analyzers.  D. Olson seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

1. Flater updated the Commission on the Water Plant with the following items:

 

–  April 2, 2024 – No. 3 High Service Pump installed; pump No. 2 next year may need to be rebuilt next year.

 

–  Phase II of the Aeration for lagoon system (WWTP) completed and running well.

 

–  Grit Removal System (WWTP) – old system removed by Ray Lindsay Co., new system anticipated to be up and running by May.

 

–   ADM averaging twenty (20) drop-off loads per week.

 

–  pH average is between seven (7) and eight (8) – (7) is neutral. There was a meeting last week with City staff and ADM to talk about the present and the future.

 

–   Laboratory testing coming back in good shape for the past couple of months. There are items being watched but they are not compliance issues.

 

– ADM is working on an aeration system for their lagoons which has been beneficial to the quality of loads we receive. They are still working on being within contract limits.

 

–   AMS is still here, ADM is paying the bill for AMS to be here and inject microbes into the lagoon systems. There are currently (5) trailers on site and each trailer injects microbes into the lagoons twice a day.

 

– Current agreement is for AMS to be here until the end of June. There was discussion of reducing trailers from five (5) to three (3) by that time.

 

–   All observations indicate a healthy system.

 

 

Consideration of Addendum No. 2 – Wastewater Evaluation and Design Contract – Project No. 21-303 – Additional Consultant Services from Earles Engineering & Inspection, Inc. to Finalize Plans and Bidding for the Davis Lift Station overflow pump and force main – $18,000.00 –  J. Dickman

 

–  J. Dickman reported the state required the City to mitigate the overflow that tends to happen during heavy rains at the Davis Lift Station.  Earles Engineering has been working on designing a pump to get the overflow into a force main and direct it into Cell No. 2 at the lagoons.

 

–   Survey was done, plans laid out, last step is sizing the pump properly.

 

–   Part of the original scope of that work from 2021 included an evaluation of the entire WWTP based on KDHE’s recommendations, this contract did not make it all the way through complete design, so the current charge is to get past the preliminaries, out to bid and to the finish line.

 

MOTION:  M. Wells moved to accept Addendum No. 2.  of the Wastewater Evaluation and Design Contract – Project No. 21-303.  T. VanHoecke seconded the motion. All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

 

Consideration of Inspection Proposal – Earles Engineering & Inspection, Inc. – Project No. 22-049 – Horton & 6^th Streets – KDOT Cost Share Project – J. Dickman

 

ACTION:  B. Matkin requested that J. Dickman amend the document to delete “City of Pittsburg” and replace it with “City of Fort Scott”.

 

MOTION:  T. VanHoecke moved to table the Consideration of Inspection Proposal for Project No. 22-049 until the meeting of May 7, 2024.  M. Wells seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

Consideration of Bids – Project No. 22-049 – Horton & 6^th Streets – KDOT Cost Share Project – J. Dickman

–   Three (3) bids were received opened on April 11, 2024: Heck and Wicker were the low bidder (within 10% of the Engineer’s estimate).

 

1. Matkin left the meeting at 7:48 PM.

 

1. Matkin returned to the meeting at 7:49 PM

 

Discussion was had about salvaging bricks according to the Brick Policy within the bids and the budget for this project.

 

1. Oliphant/BakerTilly did not have any additional comments to add.

 

MOTION:  D. Olson moved to approve the bid of Heck and Wicker, Inc. minus line 44 of the bid.  T. VanHoecke seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

 

Consideration of Agreement No. 208-22, Project No. U 2455-01 – Agreement between the Secretary of Transportation (KDOT) and the City of Fort Scott – J. Dickman

2022. Dickman explained that this document is the Cost Share Agreement with KDOT for the Horton and 6th Street Project that was originally executed in 2022.

 

MOTION:  M. Wells moved to approve Cost Share Agreement No. 208-22.  M. Guns seconded the motion.

 

1. Matkin asked if the name of the LPA/City Manager on page 15 of 17 be changed from Kelley Zellner to Brad Matkin. J. Dickman did not believe it mattered but would verify. M. Wells stated that it was possibly due to the time the agreement was drawn up.

 

ACTION:  J. Dickman will make sure that the Cost Share Coordinator has all updated information.

 

1. Olson called to vote. All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

 

Reports and Comments

 

City Manager (Time stamp 2:00:15) – B. Matkin

• Wyatt/Planning, Housing and Community Development Director went to a grant writing conference and couldn’t appear. She asked B. Matkin to address some current issues with the Land Bank.
• Olson stated that at April 15, 2024, Land Bank meeting, they voted to recommend: 1) changing membership to have no professional requirements; 2) all positions are three (3) year terms;   3) remove the wording “the main support comes from Bourbon County REDI” from Ordinance No. 3599;  3) appointments to the board would be from date of appointment.

 

ACTION:  B. Matkin requested that Ordinance No. 3599 be changed and brought to the next meeting for consideration to approve the Land Bank’s recommendations of the April 15, 2024, meeting.

 

–   Gunn Park Shower House and Restroom Update: the inside is mostly        completed and will be ready for usage once the water is hooked up.

 

–   An agreement was signed for $12,000.00 for citywide fireworks for July 6,             2024, behind FSCC.

 

–    Reminder for Work Session scheduled for Tuesday, April 25^th at 6:00PM           regarding RHIDs with Garth Herrmann from Gilmore Bell.

 

–     Water leak and line repair at St. Mary’s Street and Eddy Street will probably require another week of work.

 

–     25^th Street Update: (2) more concrete pours to complete the job in the next           few days.  Thank you to Peerless for letting everyone go through their parking lot during the project.

 

City Engineer (Time stamp 2:04:51) – J. Dickman

• Compiling a list of active projects for budgeting purposes
• Meeting with KDOT and City staff for Phase III planning and submission of the Wall Street CCLIP Project
• 25^th Street testing – all passing

 

Commissioners Comments

 

1. Olson (Time stamp 2:05:51) – No comments.

 

 

1. Wells (Time stamp 2:05:55)

–  Clarification from statement made at last meeting regarding the Ground Lease by the WWTP, his research found that the damage to the bottom land was not caused by the farmer, it was caused by the equipment the City used to rip the ground up. There is a good plan of action moving forward, but he wanted to apologize for stating that it was the farmer’s responsibility.

 

–  Asked for verification that the City has already approved to move forward with the RHID package. It was stated that they did approve to move forward but have not established districts. He asked that the Commission be proactive in moving this project forward because there are developers who have projects that can be completed once it is approved.  B. Matkin stated as a reminder that this is a slow process.

 

–  Status of 3^rd Street Park restrooms – B. Matkin stated it is in process with Wi-Fi lock system.  He will check with B. Lemke for an update.

 

–  Asked if the leak on Eddy was due to heavy truck traffic that was allowed to go through for construction.  B. Matkin stated that was not the cause, it had been leaking for months and is not all on Eddy; it goes west into the alley.

 

–  Reminder of Civil War event at the Fort this weekend.

 

–   Anyone available to help with Clean-Up Day, April 22, 4-6PM.

 

 

1. Guns (Time stamp 2:11:04) – No comments.

 

 

1. VanHoecke (Time stamp 2:11:10)

      – Thank you to all who supported the Mary Queen of Angels Church School fundraiser. The amount raised at the event was $110,000.00 for the school.

 

–  Spots are still available for the upcoming REDI On the Green Golf Tournament on Friday, April 19th. Funding from that goes to local scholarships.

 

 

1. Dancer (Time stamp 2:12:14)

      –  Reminder to citizens to get their golf cart permits for the year at City Hall.

–  Incident with UTV on National Ave. was clarified. It is owned by the Sheriff’s

Department and they were assisting the City Police Department on a call.

 

 

 

 

1. VanHoecke stated he is still seeing underage operators of the UTV and golf carts on the streets and crossing US 69 Hwy, all possibilities of someone getting hurt.

 

 

City Attorney (Time stamp 2:14:30) – No comments.

 

 

MOTION:  T. VanHoecke moved to adjourn the meeting at 8:14PM (Time stamp 8:14:35)  M. Guns seconded the motion.  All voted yes.

 

 

APRIL 16, 2024, MEETING ADJOURNED AT 8:14PM.

 

_______________________________________________________________________

Respectfully submitted by:

Lisa A. Lewis, City Clerk