CITY OF FORT SCOTT CITY COMMISSION MEETING
Minutes of December 3, 2024 Regular Meeting
A regular meeting of the Fort Scott City Commission was held at 6:00PM in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas. The meeting was streamed live on YouTube – City of Fort Scott Channel.
The meeting was 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 & Inspections, Inc., Caleb Bell/FSPD Lieutenant, Leroy Kruger/Codes Enforcement Technician, Jessica Oliphant/BakerTilly (by telephone), Bill Lemke/Water Collections, Laura Dunfee, Steven Dunfee, Robert Coon
- Dancer led the Pledge of Allegiance and said a prayer asking God for guidance for the City, our Government and City officials.
Approval of Agenda (Time stamp 1:45)
MOTION: T. VanHoecke moved to approve the Agenda as presented. K. Salsbury seconded the motion. All those present voted yes.
MOTION PASSED BY 5-0 VOTE.
Approval of Consent Agenda (Time stamp 3:00)
- Approval of Appropriation Ordinance 1373-A – Expense Approval Report – Payment Dates of November 13, 2024, to November 26, 2024, – $1,118,230.10
- Approval of Minutes for November 19, 2024, Regular Meeting
MOTION: D. Olson moved to approve the Agenda as presented. T. VanHoecke seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
Public Comment
Robert Coon – (Time stamp 3:45) – addressed the Commission regarding the status of 118 E. Wall. He is encouraging a decision from the Commission at the next meeting following the inspection from the structural engineer on December 9, 2024. This situation has greatly impacted his business, and he requested a resolution because it has been (1) year since the situation began.
Unfinished Business
(Time stamp 11:01)
Consideration of RESOLUTION NO. 31-2024 – RESOLUTION DIRECTING THE REPAIR OR REMOVAL OF AN ALLEGED UNSAFE AND DANGEROUS STRUCTURE AT 1105 S. STATE– Tabled from November 19, 2024.
- Kruger stated that the Codes Department has been in contact with the owner as the Commission requested. The owner does not have any interest in repairing the home and wants to sell the property. It is recommended that the unsafe and dangerous structure be removed, and the City seek bids for demolition.
MOTION: T. VanHoecke moved to approve Resolution No. 31-2024 directing the removal of the structure at 1105 S Scott. K. Salsbury seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
(Time stamp 14:40)
-Consideration of Certificate of Appropriateness – 17 S. Main – Move Sign to New Location – Recommended by Design Review Board on November 12, 2024, and tabled by City Commission on November 19, 2024.
MOTION: T. VanHoecke moved to approve the Certificate of Appropriateness to move the Stutesman Action Realty sign from 120 Wall Street to 17 S. Main. M. Wells seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
New Business
(Time stamp 16:40)
Consideration to Replace Charles Street Lift Station – B. Lemke addressed the Commission to request the replacement of the Charles Lift Station due to its current condition. Repairs have been attempted. Parts are not readily available due to the age of the equipment. He has selected an above ground lift station that uses a siphon-style priming system that uses check valves to keep it in place. It is manufactured by Gorman/Rupp and Haynes Equipment is the sole source provider. It was chosen because it has less electro-mechanical parts. He believes it will be cheaper to run, long-term and easier to maintain. The cost of the station is $83,500.00 and will need to be installed by a contractor. He would need to solicit bids for the removal and installation of the lift station. His ask is for approval to purchase the new station and seek bids for removal and installation.
Discussion was had regarding sole source and other station options.
MOTION: T. VanHoecke moved to approve the City going out for a “turn-key” lift station at Charles Street. D. Olson seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
ACTION: B. Lemke will work with Earles Engineering to create a comprehensive bid for all that is needed for the new lift station and return to the Commission.
Consideration of Verizon Tolling Agreement – B. Farmer explained that Verizon is actively looking for a new location for the cell tower because the location that was applied for was denied by the City Commission. He stated that Verizon has said that they have the right to appeal the decision in federal court. The agreement for consideration is a “stop the clock” agreement. The City will do nothing other than what is already done, and Verizon will not appeal while they explore the options to move the tower. He understands that the Verizon legal department and the business side have authorized this agreement as well. During this time, Verizon will decide if they will submit another application for a different location and the 150-day deadline no longer applies with the approval of this agreement.
MOTION: D. Olson moved to approve the Tolling Agreement. M. Wells seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
(Time stamp 34:17)
Consideration to set a Budget Hearing on December 17, 2024, for amending the 2024 Budget pertaining to Stormwater Fund No. 719 and Golf Fund No. 219. – J. Oliphant explained that this is part of the annual compliance of submitting the budget to the state. BakerTilly reviews the projections to see if any of the funds will expend beyond the budget authority that was submitted last year for 2024. Stormwater and golf are the only (2) funds that appear to be expending more than what was budgeted. A budget hearing is required to approve an amendment to the budget to bring these (2) funds into compliance. Neither is over budget by a lot. The stormwater fund should have enough revenue in its charges for service to cover the overages and expenditures. The Golf Fund will require a small supplement from the General Fund. This is the first year that the Golf Fund has been independent, so in prior years it would have rolled up with the General Fund to receive its supplement. This is a more transparent way of providing these services.
- Farmer left the meeting (Time stamp 35:10).
- Farmer returned to the meeting (Time stamp 36:58).
MOTION: M. Wells moved to set a budget hearing for December 17, 2024. K. Salsbury seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
ACTION: J. Oliphant will provide a of expenditures of the Stormwater Fund and the Golf Fund to outline the overages prior to the budget hearing.
(Time stamp 37:32)
Consideration of RESOLUTION NO. 34-2024 A RESOLUTION TO ESTABLISH URBAN AREA BOUNDARY LINES and RESOLUTION NO. 35-2024 A RESOLUTION TO APPROVE URBAN FUNCTIONAL CLASSIFICATION SYSTEM – B. Matkin stated that this is a process that is done every few years in conjunction with the County. It defines the boundaries and the classifications of the roads. There were no changes to the Fort Scott boundaries but there were a few changes to the classification of a few roads due to a traffic study.
MOTION: M. Wells moved to approve Resolution No. 34-2024 and Resolution No. 35-2024. D. Olson seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
(Time stamp 40:41)
Request to Pay Heck & Wicker – Project No. 6 U-2455-01 – EEI Project No. 24-414 – Payment No. 5 – $450,052.32 – J. Dickman presented a request for the Commission to pay for materials (asphalt and fabric), Earle’s Engineering would issue a letter to Heck & Wicker stating that the final product is defective and have requirements for them to profile the roadway and based on KDOT specs and wherever it does not meet the tolerances, they would have to diamond grind at the expense of the contractor, not the City.
Discussion was had regarding the City’s dissatisfaction with the surface of Horton Street and specifically the fact that the specs of the contract were not followed and the surface was poured in (1) 3” lift instead of the specified (2) 1 ½” lifts, along with issues with the fabric, milling and a lack of a Change Order.
Emery Sapp & Sons sent a statement to B. Matkin regarding possible resolutions. He addressed the Commission and answered questions. (Most of his comments were inaudible for accurate transcription).
- Farmer stated “The specs are a contract. A written contract cannot be modified by an oral assertion. It cannot be done. Period. End of story. I’m not responsible is not a defense.”
Further discussion was had regarding where the communication went wrong and the need for a resolution.
ACTION: J. Dickman will check the project report to see if there is any documentation regarding the decision to change from the specs.
ACTION: J. Dickman will try to find which bidder asked for clarification on the bid regarding the 3” lift which required an addendum (Addendum 2) to the bid.
- Dickman again requested that the Commission pay the pay request. He stated if the Commission wants to go down the road of “defective based on smoothness” then he needs to provide them a letter rejecting the final product, still per spec is paid for, but now they have to fix it.
Discussion was had about the pieces of the contract. Article 14 of the contract pertains to the letter J. Dickman would draft to tell Heck & Wicker that the City does not accept the smoothness of this road…the fix is on you and here’s my recommendations.
Further discussion was had about diamond grinding as a resolution.
MOTION: M. Wells moved to table the approval of the Contractor’s Application for Payment No. 5 until information is provided from Heck & Wicker, Jason has an opportunity to go through the emails, Jesse can go through his emails to provide the Commission any kind of documentation to back up any of the back and forth and put this on the agenda for the next meeting . D. Olson seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
Reports and Comments: (Time stamp 1:15:13)
MOTION: T. VanHoecke moved to adjourn the meeting at 7:24PM. D. Olson seconded the motion. All voted yes.
MEETING ADJOURNED AT 7:24PM.
_______________________________________________________________________
Submitted by:
Lisa A. Lewis, City Clerk
