NOTICE OF AND AGENDA FOR REGULAR

MEETING OF FORT SCOTT CITY COMMISSION

City Hall Commission Room – 123 S. Main Street, Fort Scott, KS 66701

April 15, 2025  –  6:00 P.M.

                                               

 

1.     Call to Order/Roll Call
2. Pledge of Allegiance

III.       Invocation

1. Approval of Agenda
2. Consent Agenda
3. Approval of Appropriation Ordinance 1382-A – Expense Approval Report – Payment Dates of March 26 – April 8, 2025 – $378,274.56
4. Approval of Minutes: Regular Meeting of April 1, 2025
5. March Financials

                                                                

1. V Public Comment

VII.      Appearances

1. Craig Campbell – FSHS All Class Reunion Parade Permit
2. Ben Hart – GAAP Audit

           

VIII.   Unfinished Business

1. 121 Margrave – Tabled from 3/18/2025
2. 118 E. Wall Proposals

 

1. New Business

            Action Items:

1. Purchase of Fire Truck – Bruner
2. Consideration to Purchase Mower for Parks – Coffman
3. Revised Employee Handbook – B. Matkin

 

           

1. Reports and Comments

 

1. Adjourn

 

CITY OF FORT SCOTT CITY COMMISSION MEETING

 Unapproved minutes.

 

Minutes of April 1, 2025                                                                                                           Regular Meeting

 

A regular meeting of the Fort Scott City Commission was held  in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas. The meeting was streamed live on YouTube.

 

The meeting was called to order at 6:00PM. Roll call was taken. Commissioners Kathryn Salsbury, Tracy Dancer, Matthew Wells, and Dyllon Olson were present with Mayor Tim Van Hoecke.

 

              In Attendance – Brad Matkin/City Manager, Bob Farmer/City Attorney, Jason Dickman/City Engineer-Earles Engineering & Inspections, Inc., Lt. Caleb Bell/FSPD,  Norm Nation/Lead Codes Inspector, Leroy Kruger/Codes Enforcement, Tom Coffman/Public Works Director, Scott Flater/Water Utilities Director, Max Daly/Water Treatment Superintendent, Bill Lemke/Water Collection Superintendent, Denise Needham/Vice President of PTO, Garth Herrmann/Gilmore-Bell via telephone, and Shawn O’Brien.

 

VAN HOECKE led the Pledge of Allegiance and said a prayer asking God for guidance for the City, the citizens, and our Government and City officials.

 

Approval of Agenda (2:41)

MOTION:  WELLS moved to approve the agenda with the addition of Item B/Section 8/Unfinished Business to change the Prom Walk In time frame . OLSON seconded.

 

MOTION CARRIED 5-0.

 

MOTION:  OLSON moved to approve the revised agenda as presented, plus the additions. WELLS seconded.

 

MOTION CARRIED 5-0.

 

Approval of Consent Agenda  (4:47)

– Approval of Appropriation Ordinance 1381-A – Expense Approval Report – Payment Dates of March 12 – March 25, 2025 – $ 696,826.18

– Approval of Minutes:  Regular Meeting of March 18, 2025

 

MOTION:  OLSON moved to approve the Consent Agenda as presented. SALSBURY seconded.

 

MOTION CARRIED 5-0.

                                                                

Public Comment  (5:02) – None

 

Appearance – Denise Needham/Representative of USD 234 – Color Run– Temporary Street Closure (road south of Riverfront Park) & Temporary Park Closure – Riverfront Park – April 25, 2025 – 5:00PM until 8:00PM for the safety of participants and their families (5:29) – NEEDHAM stated that she wanted to add to the application that they may want to set up a registration table closer to 5PM and change their set up time to 4:00PM. They would also like to have a barricade at the north side parking lot to close off that entrance. Parents will park at Twisted Trailer

 

MOTION:  OLSON moved to allow the Temporary Street Closure for the road south of Riverfront Park and a Temporary Park Closure of Riverfront Park on April 25, 2025, from 4:00PM to 8:00PM with a backup date of May 2, 2025, for the same times if the 25^th is unavailable. VAN HOECKE seconded.

 

MOTION CARRIED 5-0.

 

Appearances of Shawn O’Brien and Scott Flater were moved due to not being present at the time.

 

Unfinished Business

Approval to honor demolition bid previously awarded for 323 W. Wall – (9:41)

Discussion was had on the history of this home on the agenda.  KRUGER commented that he has had no further contact with the homeowner and nothing new to report. MATKIN stated that the demolition bid is for $3,000.00.

 

MOTION:  VAN HOECKE moved to approve the demolition bid from Dave’s Demo for $3,000.00. DANCER seconded. DANCER, VAN HOECKE, SALSBURY and OLSON voted yes. WELLS voted no.

 

MOTION CARRIED 4-1.

 

Appearance – Scott Flater/Water Utilities Director – (12:47)

FLATER addressed the Commission to update on the Water Utilities Department and provided a handout illustrating the status of the wastewater treatment facility and lagoons. Highlights of the department include: switching from gas ammonia to liquid ammonia for operator safety; installation of a new hydro chlorine analyzer on the inflow of the clear well; new electric pole and box at the east tower; coupler and laser align replaced on pump one at the college booster and Fort Scott was in the top (3) finalists of the best tasting water in Kansas contest at the Kansas Rural Water Conference in Wichita. He also stated that they finished their water usage report for 2024 – (787) million gallons of water was produced which is approximately (2) million gallons per day (2,332 hours at the water treatment plant). A myriad of tests are performed including coliform bacteria, total organic carbon, nitrates, bromate, disinfection byproducts, pesticides, fluoride and inorganics. All samples are collected and sent to KDHE. Wastewater Treatment Plant updates: last AMS trailer left on March 13, 2025. There were (7) trailers on site and down stepping (1) trailer every (2) weeks since January. The boat they were using to integrate the microbes has been removed from Cell #1. A new mixer and aerator have been installed in the digester. Another aerator has gone down, so FLATER stated he will be back before the Commission to request a replacement. Once that is completed, the digester will be fully functional. However, the facility needs (1) more aerator for #2 Holding Basin. Data collecting is done on both the water treatment and wastewater sides. Some of the tests recently completed include: the (503) is an annual soil sample test which was approved for 2024; the chronic (wet) test – passed for 2025; priority pollutant scans – done monthly. In 2024, (806.5) million gallons went through the wastewater treatment plant, (1,003) work orders, 1,006 loads came into the lagoon from ADM, hauled 1.67 million gallons of biosolids out into the fields. There are hundreds of tests on samples completed including but not limited to: ADM samples, PACE Analytical, ammonia nitrate, satellometer samples, and mixed liquid/suspended solid samples.

 

(23:24) – Discussion was had regarding the data reported for the ADM load samples provided by FLATER in handouts. The problem remains that it is a municipal lagoon being used to dump ADM’s industrial waste and our lagoons cannot handle the industrial waste without AMS. The contract with ADM expired in December (2024) and discussion was had on renewing the contract. FLATER stated he sent an email to MATKIN recommending that the City stop taking industrial loads from ADM. FLATER explained how the City was charging ADM for their loads, both industrial and domestic. He also explained the pipeline and the plant effluent (reuse) water. FLATER would like to continue selling ADM the effluent water and continue taking their domestic loads (20-40 loads per month) as long as we can trust that nothing else is in there, but he does not want the tank.

 

Discussion was had with DICKMAN commenting on what the plant could handle currently.

 

MOTION:  WELLS moved to authorize the City Manager to not accept any of the loads that are outside of the limit and only take the domestic water and accept the contract for selling them the effluent plant water, get a contract drawn up that specifies they have to mechanically dredge, they have to provide the tank, they have to pay for the chemicals and if they don’t sign the contract, we don’t take any more of their industrial waste.

 

Further discussion was had regarding a contract.

 

OLSON called Point of Order requesting a second to the Commissioner’s motion.

 

MOTION DIED FOR LACK OF A SECOND.

 

MOTION:  OLSON moved that we temporarily suspend all industrial waste from ADM pending our City Manager and Water Utilities Director to communicate with them that it’s going to be suspended, are they willing to come to the table to negotiate. VAN HOECKE seconded.

 

Discussion was had regarding determining domestic from industrial loads.

 

WELLS requested OLSON to amend his motion to include Earles Engineering in the discussion.  OLSON stated he would leave it to the City Manager’s discretion.

 

 

SALSBURY, VAN HOECKE, DANCER and OLSON voted yes.  WELLS voted no.

 

MOTION CARRIED 4-1.

 

Appearance – Shawn O’Brien – Good Ol’ Days – Street Closures, Memorial Hall Reservation, Pavilion Reservation and Parade Permit (46:49) – Use of the Gathering Place Pavilion was clarified to be used after the Farmer’s Market hours on Saturday. Plan A – Everything on Skubitz; Plan B – If rain on Friday night, move the portable stage to the Pavilion; Plan C – If the weather is too bad, move to Memorial Hall – same scenarios on Saturday for weather.

 

MOTION:  VAN HOECKE moved to approve the request of the Good Ol’ Days street closures, Memorial Hall reservation, pavilion reservation and parade permit. SALSBURY seconded.

 

MOTION CARRIED 5-0.

 

Consideration to extend Street Closure hours for Prom Walk In – April 5, 2025 – 1:00PM to 11:00PM (50:52)

 

MOTION:  WELLS moved to approve the change in hours for the Prom Walk In so that the 1:00 time frame is adhered to and everything else would be the same as the original application. DANCER seconded.

 

MOTION CARRIED 5-0.

 

Public Hearing – (51:58)

Consideration of Vacation of Street and Alley at approximately 123 McCleverty by the request of Alyssa Green and Derrik States –  NATION stated he had no further updates from the original application. The agenda packet included (3) pictures of area including the street and alley that was asked to be vacated which would be closing up 2^nd Street and the alley runs south to the length of their property. The applicants own the (4) quadrants surrounding the areas to be vacated.

 

MOTION:  OLSON moved to open the public hearing for the consideration of vacation of street and alley at approximately 123 McCleverty. WELLS seconded.

 

MOTION CARRIED 5-0.

 

Discussion was had on how long the structures had been on this property and the purpose of the request. NATION stated that the building to the east, that is in 2^nd Street (according to the photo) is no longer there. Further discussion was had on the amount of land that the applicant is requesting to be given by the City. No one was present to represent the request.

 

MOTION:  DANCER moved to close the public hearing – (56:42) WELLS seconded.

 

MOTION CARRIED 5-0.

 

MOTION:  WELLS moved to deny the application.  DANCER seconded.

 

MOTION CARRIED 5-0.

 

MATKIN left the meeting (57:48)

 

Status of 118 E. Wall St. – (57:45)

KRUGER stated he had some phone conversations with the business owner. The insurance company cannot write a policy with the “Red Tag” on the building. He stated the claim has been made and verified. He stated that at the next meeting he will have the bids that were requested. The owner is willing to sign the documents presented by the City Attorney, but said he cannot fulfill the insurance requirements.

 

MATKIN returned to the meeting (59:22).

 

Further discussion was had about liability indemnification.

 

Consideration of Resolution No. 10-2025 Project Authorization of the East National Improvements– (1:01:33) – HERRMANN explained that the resolution would authorize the construction of improvements to East National basically from National Avenue heading east towards the cemetery to approximately the railroad tracks. The cost estimate is $3,560,000.00. The resolution would authorize the City to make those improvements and authorize the City to issue bonds to finance all or a portion of the cost of those improvements. It is anticipated that the City will be able to get a grant from KDOT of approximately $1,000,000.00 to help offset all or a portion of those costs. After adopting this resolution, the City would have the ability to issue bonds in an amount sufficient to pay the balance of the cost in order to finalize that project. It would not require that the City go out and issue bonds to finance this, but it gives the authority to do so at some point in the future when it is most convenient for the City.

 

Discussion was had about the KDOT grant and the anticipated price increase and project cancelation due to tariffs.  The resolution could be increased due to price increase once facts are known through an amendment. DICKMAN stated that the grant is a KDOT Cost-Share Grant. There are stipulations and they do have a time frame which can be verified once it is accepted. It is for construction costs only. KDOT only requires a set of engineered plans to proceed, and he explained the reimbursement process. MATKIN stated that they are looking at different ways to complete the project, including the City working on parts versus a contractor being called in to save money. Further discussion was had on the anticipated stormwater portion of the project and potential funds to be used.

 

MOTION:  OLSON moved to approve Resolution 10-2025 as presented. WELLS seconded.

 

MOTION CARRIED 5-0.

 

Consideration of Plow Truck Purchase (1:11:33) – COFFMAN explained that after the last snow storm the trucks were having breakdown after breakdown until they were down to (1) truck. They found out (2) of the trucks have giant cracks in their frames and described the other issues that were discovered. The (2) trucks that are totally down are 1993 models and the other (2) are 1999 models. He stated that they have been looking at options to get the fleet back up. MATKIN stated that people are wanting quite a bit for their used products. COFFMAN stated that next year there will be the introduction of a new emission which will probably raise the price of a truck $10-$15,000.00 per truck. COFFMAN submitted estimates and recommended purchasing from International Financing. The proposal is for (4) trucks with a payment of $150,000.00 per year for (6) years. At the end of the contract, the City will buy them for $1.00 each. The new trucks are anticipated to last 14-15 years. COFFMAN stated these are all SourceWell priced quotes. The trucks include an 10-ft. plow, spreader, and a bigger engine. They are fully equipped (not fancy), single axle, Class B, CDL truck so great for hauling. MATKIN explained that funds for the trucks will come from the approximately $300,000.00 that was budgeted for an excavator this year. They believe that the dump trucks are much more important than the excavator this year. With the money saved, MATKIN stated we could possibly go out for an oil truck, steel drum roller and possibly a rubber tire roller which will get us the equipment for asphalting, allowing the City to do work themselves.

 

Discussion was had about the options presented. MATKIN stated that he talked to HART/BakerTilly, and the money would come from Wastewater, Water, and Street Funds.

 

MATKIN left the meeting (1:20:47) and returned (1:21:51).

 

MOTION:  WELLS motioned to move forward with the lease of the plow trucks for the (6)-year term at $153,397.60.  DANCER seconded.

 

MOTION CARRIED 5-0.

 

WELLS and OLSON left the meeting (1:23:45)

 

WELLS returned to the meeting (1:25:28).

 

OLSON returned to the meeting (1:25:54).

 

Request for Gun Purchases – (1:26:20)

Chief Pickert is requesting to replace the current Glocks with new ones, red dot sights and the money will come from the Drug Seizure Fund. They will trade in the existing firearms. The last firearms purchase was (15) years ago.

 

MOTION:  DANCER moved to approve the purchase of handguns for the police department with the low bid from Kiesler Police Supply for $12,676.69. OLSON seconded.

 

MOTION CARRIED 5-0.

 

Consideration to sign letter to save the Institute of Museum and Library Services (IMLS) – (1:29:05)

WELLS proposed that the Commission join him in signing a letter to our elected representatives as cuts with hugely impact our local library services and our community college by an Executive Order by President Trump. Full proposal on the City of Fort Scott YouTube Channel 4-1-2025 City Commission Meeting beginning at (1:29:05).

 

Discussion was had regarding how much Fort Scott receives directly and how Fort Scott benefits from sharing with other libraries in SEK and what will be cut by the Executive Order.

 

MOTION:  WELLS moved that the City Commission sign this letter to reinstate the IMLS. OLSON seconded.

 

OLSON, WELLS, DANCER and SALSBURY voted yes. VAN HOECKE voted no.

 

MOTION CARRIED 4-1.

 

Discussion was had regarding whether it was more effective for the governing body to sign the letters versus a petition of citizens.

 

FARMER left the meeting (1:40:35).

 

ACTION:  MATKIN will write an email to the elected representatives receiving the letters signed in (30) days and ask them if they saw it and will report back to the Commission.

 

FARMER returned to the meeting (1:42:21).

Further discussion continued regarding the difference of opinions on whether the letters being brought to the table were partisan and City business.

 

OLSON called for Point of Order (1:43:30)

 

Discussion continued between WELLS and VAN HOECKE.

 

Food Trucks – (1:45:36)

MATKIN and NATION presented the topic for discussion. MATKIN stated that the point is to be fair, consistent and accurate when enforcing our Codes. NATION presented examples of ordinances other cities use for food trucks and/or food vendors. Currently the City of Fort Scott does not have a specific ordinance for food trucks, however they cannot park on public property. NATION stated that the City does have an ordinance that does exempt vendors participating in the Good Ol’ Days.

 

ACTION:  MATKIN will continue to work on a viable ordinance for food trucks with NATION and KRUGER. They will bring it back to the Commission for review and approval.

 

Reports and Comments

 

CITY ENGINEER (1:58:59)

– Horton Street update – final walk through is completed, substantial completion punch list reviewed. There are a few things to fix on the sidewalk, some drives, and final approved list by the end of the week. The contractor will be back on-site Monday to work on punch list and fog seal. CRS-1HP emulsion has been verified. DICKMAN will check when it arrives.

 

CITY ATTORNEY (2:00:25) – No comments.

 

CITY MANAGER (2:00:26)

– Water leak at 8^th and Eddy. Due to the repetitive leaks, the 8-inch line needs repair, and street will need full repair from St. Mary to 10^th Street with concrete instead of replacing the brick.

– LEMKE gave an overview of what happened with the current leak, the past leaks, and future expectations for 8^th & Eddy through 10^th & Eddy.

– Mid America Baseball League has found a storefront downtown.

– Rachel Carpenter is back from maternity leave.

– Crews and staff working hard

 

COMMISSIONER SALSBURY (2:18:03) – No comment

 

COMMISSIONER WELLS (2:18:07)

–  Horton Street – mileage markers for walkers

–  Thanks to crews and staff

 

COMMISSIONER DANCER (2:19:44)

– Date for voting on lake lot and encroachment, usage leases

– Shipping container buildings

– Residential codes enforcement

– Recognize Commissioners and encourage citizens to reach out to elected officials

COMMISSIONER OLSON (2:22:17)

– Citizens put us here to speak up when lives are affected

 

COMMISSIONER VAN HOECKE (2:22:41)

–  First Friday Concert at Memorial Hall on Friday at 7:00PM

–  Thanks to city crews

 

MOTION:  VAN HOECKE moved that the City Commission recess into Executive Session for preliminary discussion of the acquisition of real property exception in K.S.A. 75-4319(b)(6). In the meeting there will be the (5) Commissioners, City Manager, and City Attorney in the City Manager’s office. The open meeting will resume in the Commission Room at 8:33PM. OLSON seconded.

 

MOTION CARRIED 5-0.

 

MOTION:  VAN HOECKE moved to come out of Executive Session.  DANCER seconded.

 

MOTION CARRIED 5-0.

 

MOTION:  OLSON moved to adjourn the meeting at 8:34PM (2:34:53). SALSBURY seconded.

 

APRIL 1, 2025, MEETING ADJOURNED AT 8:34PM.

 

 

 

Submitted by Lisa A. Lewis, City Clerk