CITY OF FORT SCOTT

CITY COMMISSION MEETING

 

Minutes of May 7, 2024                                   Regular Meeting

 

The regular meeting of the Fort Scott City Commission was held May 7, 2024, at 6:09PM (Time stamp: 0:09) 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, Leroy Kruger/Codes Enforcement, Dave Bruner/Fire Chief, Mike Miles/Deputy Fire Chief, Lisa Lewis/City Clerk, Michael Hoyt, Debby Jackson, Tera Harris, Bronc Marmon, and Seth Marmon.

 

Approval of Agenda (Time stamp 3:03)

The City Clerk requested (3) amendments to the Agenda: 1) Addition of Consideration to Approve Temporary Park Closure – Riverfront Park – May 26, 2024 – 12:00PM to 3:00PM under Old Business; 2) Addition of Approval of Amendment to Horton Street & 6^th Street Improvements Project No. 6 U-2455-01 – Agreement under Old Business 3) Addition of Approval of Notice of Award to Contract of Project No. 6 U-2455-01 – Heck & Wicker, Inc.

 

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 (Time stamp 5:27)

– Approval of Appropriation Ordinance 1359-A – Expense Approval Report – Payment Dates – April 10, 2024 – April 30, 2024 – $1,752,949.24

– Approval of Minutes for April 16, 2024.

 

 

 

 

 

 

– RESOLUTION NO. 14-2024 – RESOLUTION AND NOTICE OF HEARING WITH REFERENCE TO ALLEGED UNSAFE AND DANGEROUS STRUCTURE (AND ACCESSORY STRUCTURE) PARCEL #006-119-30-0-30-25-010-00-0 LEGALLY DESCRIBED AS FORT SCOTT, LOT 8 BLK 132 IN BOURBON COUNTY, IN THE CITY OF FORT SCOTT, KANSAS, OTHERWISE KNOWN AS [314 S. EDDY], FORT SCOTT, KS 66701 – Tabled from April 2, 2024.

– RESOLUTION NO. 15-2024 – RESOLUTION AND NOTICE OF HEARING WITH REFERENCE TO ALLEGED UNSAFE AND DANGEROUS STRUCTURE (AND ACCESSORY STRUCTURE) PARCEL #006-119-30-0-30-27-002-00-0 LEGALLY DESCRIBED AS FORT SCOTT, S 25’ LOT 4 BLK 130 IN BOURBON COUNTY, IN THE CITY OF FORT SCOTT, KANSAS, OTHERWISE KNOWN AS [306 S. LOWMAN], FORT SCOTT, KS 66701 – Tabled from April 2, 2024.

 

1. VanHoecke stated for clarification that the high dollar items on the Expense Approval Report were for the following: 1) Ray Lindsey Co. – Payment for the Grit Removal System (WWTP); 2) Annual City Insurance Premium; 3) Payment of $200,000.00 to AMS to be reimbursed from ADM.

 

1. Dancer stated he had questions but would address them with the City Manager and Finance Director.

 

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

 

MOTION PASSED BY 5-0 VOTE.

 

Public Comment

 

Debby Jackson and Tera Harris (Time stamp – 7:44) – Both were here to comment on the agenda item to request the consideration to approve the construction of a public safety training area by Mike Miles/Deputy Fire Chief. They requested their comments be heard after that presentation. T. Dancer agreed to their request.

 

Michael Hoyt (Time stamp – 8:06) – addressed the Commission regarding the audit letter from Diehl, Banwart and Bolton in the April 2, 2024, Agenda Packet (pages 67-74) regarding “single audit” and “regular audit” that were approved at that meeting. He explained the difference between the two and has some concerns. He is requesting that Amanda Lancaster attend a Commission meeting to address this topic. He suggested that the City consider doing the audit by GAAP (Generally Accepted Accounting Principles) standards every third year.

 

Appearances

 

–  Dave Bruner/Fire Chief (Time stamp – 11:37) – addressed the Commission at the request of the City Manager to report on the end result of the flood that occurred during the last weekend. He stated that the level (of the Marmaton River) recorded by the National Weather Service was 47.2 ft and the record in 1986 was 52.5 ft. He stated that the (fire) department responded to three (3) calls for assistance to residents who needed to be removed from the flood water, a “Knock and Talk” in Walnut Hill to inform residents of the situation and their options to either evacuate or stay in place. He stated that he called for mutual aid from Vernon County Water Rescue and Pittsburg Fire Department. Vernon County assisted with the “Knock and Talk” during the day and a crew of two with a boat, from Pittsburg Fire Department stayed at Station No. 2 to run backup calls with FSFD. He is very thankful for the good relationships with the other departments (for mutual aid) and stated we will do the same whenever they call us.

 

–  Jason Pickert/Chief of Police (Time stamp – 13:44) – addressed the Commission at the request of the City Manager to report on the end result of the flood that occurred during the last weekend. He stated that most efforts were concentrated on the flooded side roads requiring barricades for safety. He stated that two (2) or three (3) cars did go past the barricades on Hwy 69 and required assistance due to getting stalled out from the high water.  The next day was focused on clean up. He stated that the dog pound was evacuated, and citizens stepped up to help out with temporary care of the dogs.

 

1. Matkin stated that the roads that had been damaged (in the City) had been repaired. The County got hit hard with road damage. The City and the County are working together on paperwork to see if the damages qualify for FEMA. He stated Fire, Police, Dispatch, City Crews and EMS all did a phenomenal job and appreciated that the City and County worked together.

 

Applause was given to all.

 

–  Scott Flater/WWTP (Time stamp – 18:23) – B. Matkin stated that S. Flater was ill and would appear at the next Commission meeting with his update.

 

Old Business

 

–  RESOLUTION NO. 12-2024 – RESOLUTION DIRECTING THE REPAIR OR REMOVAL OF AN ALLEGED UNSAFE AND DANGEROUS STRUCTURE AND           ACCESSORY STRUCTURE – KNOWN AS [110 W. OAK], FORT SCOTT, KS 66701 – Tabled from April 2, 2024 – Owner to return with requested information for the Commission. Removed from April 16, 2024, agenda per L. Kruger

(Time stamp 19:17) – Bronc Marmon addressed the Commission regarding the status of this property. He stated he would like to keep the property but is financially unable to do it to meet this current deadline.

 

MOTION:  T. VanHoecke moved to table this item until July 2, 2024, with the understanding that the property owner will come back to the Commission with either a contractor proposal and means of how they will be able to repair the structure or the decision (from the owner) to remove it.  M. Guns seconded the motion. All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

RESOLUTION NO. 13-2024 – RESOLUTION DIRECTING THE REPAIR OR REMOVAL OF AN ALLEGED UNSAFE AND DANGEROUS STRUCTURE AND ACCESSORY STRUCTURE – PARCEL #006-119-29-0-10-12-00900-0-01 LEGALLY DESCRIBED AS CAMERONS ADD-SUB DIV ORIG BLK 5, LOTS 27 & 28 BLK 3 IN BOURBON COUNTY, IN THE CITY OF FORT SCOTT, KANSAS, OTHERWISE KNOWN AS [1801 E. WALL], FORT SCOTT, KS 66701 – Tabled from April 2, 2024. Received Title Search – L. Kruger

(Time stamp 29:08) – L. Kruger addressed the Commission regarding the property. He stated that the lien against the property is a medical lien of approximately $124,000.00, $3,500.00 in unpaid property taxes and $1,500.00 in special assessments (mowing). It is his recommendation that the structures be removed, and he will work on getting the lien released so it can be buildable property.

 

1. Farmer agreed that the process should be to find the structures unsafe and dangerous, removed and the future of the property can be determined at another time.

 

Discussion was had regarding an interested party to develop the property.

 

1. VanHoecke moved to table the item until Codes Enforcement got the lien released. The motion was withdrawn.

 

MOTION:  M. Guns moved to approve Resolution 13-2024 with the removal of an unsafe and dangerous structure and accessory structure for the parcel listed.  D. Olson seconded the motion.

 

Discussion was had regarding demolition before or after the lien is released.

 

All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

Consideration of donation to BBGo Transportation Service – $4,500.00 – (Time stamp 29:08) – D. Olson had requested that this item be returned to the agenda for consideration. He stated that it is a small investment to ensure transportation for those who do not have access to get somewhere.

 

Further discussion was had about the service and the amount to contribute.

 

1. Matkin stated the funds would come from Community Development.

 

MOTION:  M. Guns moved to approve a donation of $5,000.00 to BBGo Transportation Service.  M. Wells seconded the motion. All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

Consideration of Amendment to the Agreement with Contractor (Heck & Wicker) and Notice of Award for Horton Street and 6^th Street Improvement Project (Time stamp 43:05) – J. Dickman appeared before the Commission and explained that there was a correction on the agreement regarding the handling of the bricks. New prices were presented from Heck & Wicker.

 

Further discussion was had regarding handling of the bricks during the projects.

 

MOTION:  D. Olson moved to approve the amendment for Horton Street and 6^th Street Improvement Project minus line 44 revisions allowing for line 45 and 46 additions. M. Wells seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

ACTION:  J. Dickman stated that the revised number will be in their contract as amended for their notice of award and same process and the new number.

 

MOTION:  M. Wells moved to approve the Notice of Award minus line 44 and the additions of lines 45 and 46.  D. Olson seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

1. Wells left the meeting at 6:49PM

 

 

 

 

 

 

             

Consideration of Proposal for Construction Observation for Horton Street & 6^th Street Improvement Project (Time stamp 49:18) – J. Dickman explained the contract presented is for 180 calendar days with full-time construction observation, documentation reports, compaction testing and densities for full-depth replacement and concrete testing for the sidewalks.

 

1. Wells returned to the meeting at 6:50PM

 

MOTION:  M. Guns moved to approve the proposal for construction observation for the Horton Street and 6^th Street Improvement Project with an upper limit of $245,066.00.  M. Wells seconded the motion.  M. Guns, M. Wells, T. VanHoecke and T. Dancer voted yes.  D. Olson voted no.

 

 

MOTION PASSED BY 4-1 VOTE.

 

Discussion was had about going out for bids for construction observation. Policy for going out for bids was also discussed.

 

Consideration to approve a request for a Temporary Park Closure (Riverfront Park) on May 26, 2024, for Rumble on the Bricks (Time stamp 53:53)

 

MOTION:  M. Wells moved to approve the request for the temporary park closure for May 26^th for Rumble on the Bricks.  T. VanHoecke seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

 

New Business

 

Consideration to Purchase Time Clocks, License and Setup to be split between departments – Tyler Technologies – $13,514.00 (Time stamp 54:23) – Payton Coyan/City Human Resources Director addressed the Commission to explain the need for a time accountability system to be instituted by the City for employees. She stated that it includes a GeoLocation to track employees while they are “clocked in.” ExecuTime is the application that will be provided by Tyler Technologies which the City already uses for other applications. It is mobile based but will also have stationary based locations on site for “clocking in” and “clocking out”. She also explained the upcoming changes by the Kansas Department of Labor for overtime eligibility thresholds.

 

 

2027. Coyan stated that a more accurate time tracking system will be more efficient for the City to remain in compliance to the changes that begin July 1, 2024, and continue to change into 2027.

 

Discussion was had about the costs and requirements. P. Coyan stated that the implementation fee is $13,514.00 and the annual fee is $4,264.00 to be broken out between all departments.

 

Further discussion was had on the uses and benefits of implementing this system.

 

MOTION:  D. Olson moved to approve the purchase of time clocks, license, and setup from Tyler Technologies to be split between departments for $13,514.00.  M. Guns seconded the motion. All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

Consideration to Approve Construction a Public Safety Training Area (Time stamp 1:08:28) – Mike Miles/Deputy Fire Chief provided a PowerPoint presentation (available on www.fscity.org – Government – Agendas & Minutes – May 7, 2024) to explain the dire need for a training facility to recreate emergency scenarios and simulation for our first responders.

 

1. VanHoecke left the meeting at 7:10PM and returned to the meeting at 7:12PM

 

1. Farmer left the meeting at 7:26PM

 

1. Miles answered questions from the Commission regarding benefits, cities of a comparable size, consideration of other locations, policy of operation, water and drainage and where the money would come from to build and maintain the facility. D. Bruner assisted in answering questions.

 

1. Farmer returned to the meeting at 7:26PM

 

(Time stamp 1:33:44) – Debby Jackson and Tera Harris addressed the Commission to express their opposition to the location of the facility because they live directly across the street. They participated in discussion with the Commission regarding alternative locations and site blocking options at the proposed location.

 

 

 

Further discussion was had on the benefits of the proposed facility.

 

MOTION:  T. VanHoecke moved to approve the FSFD’s request to construct a public safety training facility at the location presented to the Commission.

 

500. Wells asked T. VanHoecke to amend his motion to include $1,500.00 for a fence and landscaping to help improve the corner for the neighbors.

 

Discussion was had about options and opinions voiced about options.

 

1. Wells withdrew his suggestion to amend the motion.

 

Further options were discussed for screening the site after M. Guns asked T. VanHoecke to include consideration of aesthetics of the site.

 

1. VanHoecke added “consideration of landscaping to be aesthetically pleasing” to his motion. M. Guns seconded the motion. All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

Consideration of Letter of Interest for (1) Library Board Vacancy – Chelsey McAllister – (Time stamp 1:47:32) – M. Wells/Commission Representative to the Library stated the Library Board as a whole supports the recommendation of Chelsey McAllister completely.

 

MOTION:  M. Wells moved to that the Commission appoint Chelsey McAllister to the Library Board.  T. VanHoecke seconded the motion.

 

1. Olson stated that he still has a concern about the makeup of the Library Board being provided to the City specifically in regard to terms and residency.

 

ACTION:  M. Wells stated that he will ask the Library Board to compile a list for the Commission with the current board members specific to terms and residency.

 

All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

 

 

 

Consideration to Approve Resignation of Carol MacArthur from Planning Commission and Advertise for Replacement Candidate – Reappointed for another term on March 5, 2024 – (Time stamp: 1:50:01)

 

MOTION:  M. Guns moved to accept her resignation and advertise for a replacement candidate.  M. Wells seconded the motion.  All voted yes.

 

MOTION PASSED BY 5-0 VOTE.

 

ACTION:  Advertisement for vacancy on the Planning Commission must include the requirement of the candidate to be a City resident as stated by D. Olson (Ordinance No. 3762).

 

Consideration to Implement Deposit for Memorial Hall Usage (Time stamp 1:51:05) – B. Matkin would like to implement a $200.00 deposit for users of Memorial Hall to ensure clean up and coverage for damage.  The deposit would be returned upon inspection by a checklist following the event. A contract for use is currently used and event insurance is required.

 

Discussion was had regarding previous discussion on charges for use of Memorial Hall and status of repairs.

 

ACTION:  B. Matkin will implement the $200.00 deposit for the use of Memorial Hall and continue working on plans for needed repairs.

 

Reports and Comments

 

1.  City Manager Comments (Time stamp 1:56:35)

–  Storm damage update – roads

–  Lift stations and pumps repaired and replaced

–  Gunn Park flooding did not go over river intake

–  Downtown bathrooms – $8,000.00 for damage repairs – security

measures implemented to prevent further vandalism.

–  3^rd Street bathroom under repair

–  Backflow prevention information to be put on Facebook

 

1. Engineering Comments (Time stamp 2:01:03) –

–  Horton and 6^th Street – surveyor out this week, waiting on Evergy                   regarding utility poles and guidewires and coordinating with                                        them on moves

–   Grit chamber being fabricated by Ray Lindsey

 

–   Wall Street – Phase II amendment (adding to Phase I) sent to                                      KDOT, has not been returned but moving forward to get right of                            way to avoid losing more time

–   Pavilion – weather is delaying painting

–   Following up on change in infrastructure at the water plant                                 regarding chlorine

–   Phase III of CCLIP – conversation went well

 

1. Commissioners Comments

 

1. Olson (Time stamp 2:03:50)

–  Thank you to the City crews, local churches, and groups for help

during the storm

–  Loose Ends list needs to be addressed

 

 

1. VanHoecke (Time stamp 2:04:53))

–  Thank you to first responders and City crews

–  Early voting started for the ER tax – go out and vote

–  Good Ol’ Days coming up

–  Lake Lot sales discussion for future

 

 

1. Wells (Time stamp 1:47:32)

–  Questions regarding city-wide clean up

 

 

ACTION:  B. Matkin will talk with Norm Nation about City-Wide Cleanup for the near future.

 

–   Status of RHID interest

–   Good Neighbor Action Team – Gunn Park this Saturday for cleanup of

damaged trails. Need volunteers.

–   FSHS Graduation – Congratulations – ceremony on Saturday

–   Farmers’ Market Opening was a success – thank you to all

 

1. Guns (Time stamp 2:10:52)

–  Status on downtown bathrooms for Good Ol’ Days – in process

–  Work sessions and Loose Ends – would like to get done before leaving

–  Special thank you to Vernon County and Pittsburg for their help and

those who took in the dogs from the shelter, golf course crew and

volunteers.

–  Reminder of upcoming Luau event at the Splash Pad

 

 

1. Dancer (Time stamp 2:13:00) – No comments

 

1. Matkin announced that Buck Run Fitness Center is now open 24/7

 

 

1.   City Attorney Comments (Time stamp 2:13:48) – No comments

 

 

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

 

MAY 7, 2024, MEETING ADJOURNED AT 8:14PM

 

 

_______________________________________________________________________

Respectfully submitted by:

Lisa A. Lewis, City Clerk