The Carl Junction City Council met in regular session on Tuesday November 21, 2023, 2023 at 7:001 PM at City Hall. Mayor Mark Powers called the meeting to order with the following present: LaDonna Allen, Mike Burns, Bill Maguire, David Pyle, Roger Spencer, and Hollie LaVigne. Rick Flinn and Bob McAfee were absent. Also present were City Administrator Steve Lawver, City  Attorney Mike Talley, and City Clerk Alaina Wright.  AGENDA  Roger Spencer motioned tor remove closed session minutes for November 14, 2023 from the agenda. LaDonna. Allen: seconded. Alli in favor. No opposed with two absent. Mike Talley asked ifa all the ordinances on the agenda would be voted on since it takes five votes to pass an ordinance. Hollie LaVigne motioned to remove agenda item 8b, an ordinance approving putting Question 1 (local use tax) on the April2,2024b ballot, from the agenda. LaDonna Allen seconded. Alli ini favor. No opposed with two absent. LaDonna Allen motioned to approve the agenda as amended. Roger Spencer seconded. All in favor. No opposed with two absent. LaDonna Allen motioned to amend the minutes from November 7, 2023 under P&Z Cases to change "Mayor Powers opened the meeting at 7:10"t to "Mayor Powers opened thel P&ZI hearing at 7:10". Hollie LaVigne seconded. Alli in favor. No opposed with two absent. David Pyle motioned to approve the consent agenda as amended. Hollie LaVigne seconded. Alli in favor. No opposed with two absent.  PUBLIC FORUM  Richard Garrett-1021 Copper Oaks-He was present to speak about the use tax being put on the ballot and believes the public Richard Housley-29124 Imperial Road-He was present to say that Cavanaugh Studyvin would be missed. Dennis Sawyer-914. Monroe Circle-He said he was here at the previous meeting and showed up again regarding the rezoning request. He is concerned that the multi-occupancy apartments that are being considered would change the flavor of the area and he is Sharon Logan-604-B Tara Way-She said she opposes the building on the land because it doesn't seem large enough for the structures or the parking. She said the area is heavily traveled and she opposes the idea because she doesn't want to see that building and aj privacy fence there when shel looks out her door. She said shei is sure that therei is other landt that canl bei found around Carl Junction to build these buildings. She also said there's at telephone pole at thei intersection but therei is no street light and they would like a street  needs tol be made aware ofwhy iti is going on the ballot.  not in favor.  light. Bittner  P&ZCASES  Mayor Powers asked for discussion regarding Case #23-07-Rezoning Request R2 to R3-Walnut & Elliott (NE Corner)- Elisa Elisa Bittner was present to speak about the project. She said they have al lot of rental property in this community. She said they are unable to have driveways come offt the highway and must have the driveways come off Elliott. She said part of the process requires her to get an engineer to make sure stormwater doesn't affect other properties around. Elisa Bittner said the rentals would not Shannon Sampson-606-A Tara Way-Shes said! her building backs up to where this would be: and! her concern ist flooding because Elisa Bittner said she doesn't have an engineering background, but she believes developing the property and putting in a Steve Lawver said ifiti is re-zoned, the Bittners would have to provide a site plan and that site plan would have toi include the Vicky Peoples-602-A Tara' Way-She said she is against the project because it will noisy, disturbing, and busy. Someone stood up without identifying herself and said she doesn' 't want to look ati it when she steps out her door. Virginia Wallace-914 Monroe Circle-She said she was talked into moving to Carl Junction from Florida. She said changing  The public hearing was reconvened at 7:181 PM.  Steve Lawver said Planning and Zoning met on the issue and they are recommending approval.  bes subsidized and the tenants would havet thorough background checks and be quality tenants.  that area floods yearly.  retention pond would actually help the flooding situation.  stormwater plan and hydrology study to make sure everything is handled correctly.  the type ofhomes would adversely affect her property value. Public Hearing was closed at 7:29) PM.  APPROVALOF ANTHEM BCBS HEALTH INSURANCE RENEWAL  Stevel Lawver said he spoke with multiple employees and thej plan they would use is splite evenly and this proposal would allow people to choose their option. LaDonna Allen motioned to accept the proposal. Billl Maguire seconded. Alli ini favor. No opposed with  two absent.  ORDINANCES  LaDonna Allen motioned toj put "AN ORDINANCE. AMENDING THE ZONING DISTRICT MAP ADOPTED BY THE BOARD OF ALDERMEN OF THE CITY OF CARL. JUNCTION, MISSOURI, BY ORDINANCE NO. 99-10 ON THE 18TH DAY OF MAY, 1999, AS AMENDED, TO REZONE THE NORTHEAST CORNER AT WALNUT & ELLIOT, CARL JUNCTION, JASPER COUNTY, MISSOURI OWNED BY ELISA BITTNER AS MORE FULLY DESCRIBED IN THE BODY OF THIS ORDINANCE, FROM R-2TO R-3" on first reading by title only. Roger Spencer seconded. All in favor. No  opposed with two absent.    Discussion: Holliel LaVigne said thisi isi in her ward and shel has heard from more people about this than any other topic. She feels it's unfair for people who have homes on Elliott to rezone it. Mike Burns said the issue here is simply rezoning the property because ats some point this will be developed in the future and voting down the rezoning will not prevent developing on that property. David Pyle asked if the access would come off Walnut if developed and Steve Lawver said no, the access would come from Elliott LaDonna. Allen said she' di much rather see multi-familyl homes in a development planned for that, rather than an area like this. LaDonna Allen motioned toj puti it on second reading byt title only. Holliel LaVigne seconded. All in favor. No opposed with Hollie LaVigne motioned toj put it on final passage. LaDonna Allen seconded. All ini favor. No opposed with two absent. LaVigne-no, McAfee-absent, Flinn-absent, Spencer-yes, Allen-no, Burns-yes, Maguire-no, Pyle-yes. Motion on Bill #23-35 LaDonna Allen motioned to put "AN ORDINANCE APPROVING A REAL ESTATE PURCHASE CONTRACT BETWEEN THE CITY OF CARLJUNCTION, MISSOURI, ANDI PORFIRIO LLC, dbal MI' TORITOS II CARLJUNCTION; AUTHORIZING THE CITY TO SELL 1203 E. PENNELL, CARL JUNCTION, MISSOURI, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; AUTHORIZING THE CITY TO ACCEPT $135,000.00 FOR SAID REAL: ESTATE. AND TO CONVEY SAID PROPERTY AS PROVIDED IN SAID CONTRACT; AND AUTHORIZING THE MAYOR, CLERK AND OTHER OFFICERS OF' THE CITYT TO1 EXECUTE, AND PROCESS SUCH DOCUMENTS. AS MAY BE NECESSARY TO CONVEY SAID REAL ESTATE" on first reading by title only. David Pyle seconded. All in favor. No  becausel MoDOT will not allow more ingress/egress from Walnut.  two absent.  Discussion: There was no further discussion.  was defeated by roll call vote.  opposed with two absent. absent.  Discussion: There was no discussion.  LaDonna Allen motioned toj put it on second reading by title only. David Pyle seconded. Alli in favor. No opposed with two Roger Spencer motioned toj put it on final passage. David Pyle seconded.. All in favor. No opposed with two absent. LaVigne-yes, McAfee-absent, Flinn-absent (amended, Consent Agenda 12/05/23), Spencer-yes, Allen-yes, Burns-yes, Maguire-no, Pyle-yes. Motion on Ordinance #23-35 was approved by roll call vote, signed by thel Mayor, attested by the City Clerk and LaDonna Allen motioned to put "AN ORDINANCE APPROVING CHANGE ORDER NO. 2 TO AN AGREEMENT BETWEEN THE CITY OF CARL JUNCTION, MISSOURI AND R.E. SMITH CONSTRUCTION COMPANY TO CONSTRUCT THE CARL JUNCTION PARK SHELTER, PLAYGROUND AND ASSOCIATED SITE MPROVEMENTS FORTHE CITY OF CARLJUNCTION, MISSOURI, SAID CHANGE ORDERI NO.2E BEINGTO REDUCE SITE COSTS BY $24,043.00, REDUCING THETOTAL COST OF THE PROJECT: BY SAID AMOUNT; AND AUTHORIZING1 THE. MAYOR TOI EXECUTE SAID CHANGE ORDER NO.2 FOR AND ONJ BEHALF OF THE CITY OF CARLJUNCTION, MISSOURI' Discussion: LaDonna Allen said with this change order we could keep the features and size that half the council wanted but would also free up some funding that the other half wanted. Bill Maguire asked ift this change order would keep the building thes same LaDonna Allen motioned toj put it on second reading by title only. Hollie LaVigne seconded. All in favor. No opposed with Hollie LaVigne motioned toj put it on final passage. Roger Spencer seconded. Alli ini favor. No opposed with two absent. LaVigne-yes, McAfee-absent, Flinn-absent, Spencer-yes, Allen-yes, Burns-yes, Maguire-yes, Pyle-no. Motion on Ordinance #23-36 was approved by roll call vote, signed by thel Mayor, attested by the City Clerk and made a part oft the permanent records oft the LaDonna Allen motioned to put "AN ORDINANCE APPROVING CHANGE ORDER NO.37 TO AN AGREEMENT BETWEEN THE CITY OF CARL JUNCTION, MISSOURI AND R.E. SMITH CONSTRUCTION COMPANY TO CONSTRUCT THE CARLJUNCTION PARK SHELTER, PLAYGROUND AND ASSOCIATED SITE IMPROVEMENTS FOR THE CITY OF CARL JUNCTION, MISSOURI, SAID CHANGE ORDER NO. 3 BEING TO REDUCE BUILDING COSTS BY $12,981.00, REDUCING THE TOTAL COST OF THE PROJECT BY SAID AMOUNT; AND. AUTHORIZING THEI MAYOR TOEXECUTE: SAID CHANGE ORDER. NO.3FOR, AND ON BEHALFOFTHECITYOFCARLJUNCTION, MISSOURI' on first reading by title only. Roger Spencer seconded. Alli in favor. No opposed with two absent. Discussion: Mike Burns said he asked last time for these tol be two separate change orders because thei items on change order #2 can be added later if we choose, and these items cannot be. He said he was concerned about the coiling door. He said the CJFC would like there tol be al larger door so that a mower could be stored in the storage area. Hollie LaVigne said she heard from a coach LaDonna Allen motioned toj puti it on second reading byt title only. David Pyle seconded. Alli in favor. No opposed with two Discussion: Hollie LaVigne said the coach also said if the budget was a sticking point, the CJFC would be willing to do fundraising for the door. Steve Lawver said the change order could be amended to remove that door and then redone with the new  made aj part oft thej permanent records of the City of Carl Junction.  on first reading by title only. David Pyles seconded. Alli in favor. No opposed with two absent.  size and Mayor Powers said yes. two absent.  Discussion: There was no further discussion.  City ofCarl. Junction.  from the CJFC today who said the same thing about storing al lawn mower.  absent.    Discussion: Hollie LaVigne said this is in her ward and she has heard from more people about this than any other topic. She feels it's unfair for people who have homes on Elliott to rezone it. Mike Burns said the issue here is simply rezoning the property because at some point this willl be developed in the future and voting down the rezoning will not prevent developing on that property. David Pyle asked if the access would come off Walnut if developed and Steve Lawver said no, the access would come from Elliott LaDonna Allen said she'dr much rather see multi-family homes in a development planned for that, rather than an area liket this. LaDonna Allen motioned toj put it on second reading by title only. Hollie LaVigne seconded. Alli in favor. No opposed with HollieLaVigne motioned toj put it on final passage. LaDonna Allen seconded. All in favor. No opposed with two absent. LaVigne-no, McAfee-absent, Flinn-absent, Spencer-yes, Allen-no, Burns-yes, Maguire-no, Pyle-yes. Motion on Bill #23-35 LaDonna Allen motioned to put "AN ORDINANCE APPROVING A REAL ESTATE PURCHASE CONTRACT BETWEEN THE CITY OF CARLJUNCTION, MISSOURI AND PORFIRIO LLC, dba MI TORITOS II CARLJUNCTION: AUTHORIZING THE CITY TO SELL 1203 E. PENNELL, CARL JUNCTION, MISSOURI, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; AUTHORIZING THE CITY TO ACCEPT $135,000.00 FOR SAID REAL ESTATE AND TO CONVEY SAID PROPERTY ASI PROVIDED IN SAID CONTRACT; AND. AUTHORIZING THE MAYOR,CLERK. AND OTHER OFFICERS OF THE CITY TO EXECUTE. ANDI PROCESS! SUCH DOCUMENTS ASI MAY BE NECESSARY TO CONVEY SAID REAL ESTATE" on first reading by title only. David Pyle seconded. All in favor. No  because MoDOT will not allow more ingress/egress from Walnut.  two absent.  Discussion: There was no further discussion.  was defeated byr roll call vote.  opposed with two absent. absent.  Discussion: There was no discussion.  LaDonna Allen motioned toj put it on second reading by title only. David Pyle seconded. Alli in favor. No opposed with two Roger Spencer motioned to put it on final passage. David Pyle seconded. Alli in favor. No opposed with two absent. LaVigne-yes, McAfee-absent, Flinn-yes, Spencer-yes, Allen-yes, Burns-yes, Maguire-no, Pyle-yes. Motion on Ordinance #23- 35 was approved by roll call vote, signed by thel Mayor, attested by the City Clerk and made a part of the permanent records of the City LaDonna Allen motioned to put "AN ORDINANCE APPROVING CHANGE ORDER NO. 2 TO AN AGREEMENT BETWEEN THE CITY OF CARL JUNCTION, MISSOURI AND R.E. SMITH CONSTRUCTION COMPANY TO CONSTRUCT THE CARL JUNCTION PARK SHELTER, PLAYGROUND AND ASSOCIATED SITE MPROVEMENTS FOR' THE CITY OF CARLJUNCTION, MISSOURI, SAID CHANGE ORDER NO.21 BEING TO REDUCE SITE COSTS BY $24,043.00, REDUCING THETOTALCOST OFTHE PROJECT BY SAID AMOUNT; AND AUTHORIZINGTHE MAYOR TO EXECUTE SAID CHANGE ORDER NO.2 FOR AND ON BEHALF OF THE CITY OF CARLJUNCTION, MISSOURI" Discussion: LaDonna Allen said with this change order we could keep the features and size that half the council wanted but would also free up some: funding that the other half wanted. Bill Maguire asked if this change order would keep the building the same LaDonna Allen motioned toj put it on second reading by title only. Hollie LaVigne seconded. Alli in favor. No opposed with Hollie LaVigne motioned toj puti it on final passage. Roger Spencer seconded. Alli ini favor. No opposed with two absent. LaVigne-yes, McAfee-absent, Flinn-absent, Spencer-yes, Allen-yes, Burns-yes, Maguire-yes, Pyle-no. Motion on Ordinance #23-36 was approved by roll call vote, signed by the Mayor, attested by the City Clerk and made aj part of the permanent records of the LaDonna Allen motioned to put "AN ORDINANCE APPROVING CHANGE ORDER NO. 3TO AN AGREEMENT BETWEEN THE CITY OF CARL JUNCTION, MISSOURI AND R.E. SMITH CONSTRUCTION COMPANY TO CONSTRUCT THE CARL JUNCTION PARK SHELTER, PLAYGROUND AND ASSOCIATED SITE IMPROVEMENTS FOR THE CITY OF CARL JUNCTION, MISSOURI, SAID CHANGE ORDER NO. 3 BEING TO REDUCE BUILDING COSTS BY $12,981.00, REDUCING THE TOTAL COST OF THE PROJECT BY SAID AMOUNT; AND AUTHORIZING THE MAYOR TOI EXECUTE: SAID CHANGE ORDERI NO.3FOR, ANDONI BEHALFOFTHE CITYOF CARLJUNCTION, MISSOURI' on first reading by title only. Roger Spencer seconded. All in favor. No opposed with two absent. Discussion: Mike Burns said he asked last time for these to be two separate change orders because thei items on change order #2 can be added later if we choose, and these items cannot be. He said he was concerned about the coiling door. He said the CJFC would like there to be al larger door so that a mower could be stored in the storage area. Hollie LaVigne said she heard from a coach LaDonna Allen motioned to put it on second reading by title only. David Pyles seconded. Alli in favor. No opposed with two Discussion: Hollie LaVigne said the coach also said if the budget was a sticking point, the CJFC would be willing to do fundraising for the door. Steve Lawver said the change order could be amended to remove that door and then redone with the new  ofCarl. Junction.  on first reading by title only. David Pyle seconded. Alli in favor. No opposed with two absent.  size and Mayor Powers said yes. two absent.  Discussion: There was no further discussion.  City of Carl Junction.  from the CJFC today who said the same thing about storing al lawn mower.  absent.    deduct change amount. Mayor Powers asked ift these things would be done anytime soon and Steve Lawver saids some things have to be ordered early because of their lead time. HL asked ifa backflow preventer would be required if sprinklers were installed later and Steve Lawver said yes. LaDonna Allen said she would be in favor of passing a change order that has the door removed. Mike Burns motioned to amend the ordinance to remove the overhead coiling door in the amount of $5,811 from the change order tol bring the new deduct total to $7,170 for the change order. Roger Spencer seconded. Hollie LaVigne, Roger Spencer, LaDonna LaDonna Allen motioned to put it on third reading by title only as amended. Hollie LaVigne seconded. All in favor. No LaDonna Allen motioned toj put it on final passage. Hollie LaVigne seconded. Alli in favor. No opposed with two absent. LaVigne-yes, McAfee-absent, Flinn-absent, Spencer-yes, Allen-yes, Burns-yes, Maguire-yes, Pyle-no. Motion on Ordinance #23-37 was approved by roll call vote, signed by thel Mayor, attested by the City Clerk and made a part of the permanent records oft the  Allen, Mike Burns, and Billl Maguire were in favor. David Pyle was opposed with two absent.  opposed with two absent. City of Carl Junction. REPORTS replaçement.  Long-Term Project report- LaDonna Allen said the entry for ARPA water line replacement should be MPUA water line LaDonna Allen asked about the agreement signed with Waters Edge about the pool. Steve Lawver said he heard from them a LaDonna Allen asked if any bids had been received for playground equipment for Center Creek Park. Steve Lawver said he LaDonna Allen asked ift the amount for a half-court basketball court at Four Oaks could be updated for the upcoming budget Mike Burns askedi ift there was an update about the land purchased in Fall Creek Estates and Steve Lawver said no. He tried to Public Works report - Mike Burns asked about the vacant land that the leaves were moved to and he asked about possibly Police Dept. report - Hollie LaVigne asked how the meeting with Tyler Technologies went. Stevel Lawver said" Tyler Techl had decided most of the issues had been worked through and there were only a few left they were working on and they would issue us a credit for that. Hes said the credit invoice came in today and they gave us a credit for $1,221. LaDonna Allen asked ift the Omnigo and ChiefMcCall: saidl hei is waiting tol hear back from AT&Tandi they are looking at possibly getting free smartphones from AT&T and the city would just have to pay for the data plans, which would ultimately be cheaper than getting wi-fi in the vehicles.  couple of weeks ago andt they are putting the final report together.  has two designers that are interested in making designs for the park and hej just needs an ok to tell them to go ahead.  talks.  LaDonna Allen asked for footgolf and the dog park to be put on the report.  contact Kevin Parker and hasn'theard back yet.  getting fill for the area so that it could possibly be developed somehow in the future. DigiTicket issue could be on the next agenda and Steve Lawver said yes.  COMMITTEE REPORTS Code/ Nuisance: Rick Flinn was absent. Human Resources: Roger Spencer had nothing to report. Public Facilities & Planning: Mike Burns had nothing to report.  Budget/Finance: LaDonna Allen had nothing to report. She said in a few months budget talks willl begin again.  Economic Development: Hollie LaVigne said there was ar meeting last week where the committee heard a proposal from Retail Billl Maguire said as of now the use taxl has a 99% change of failing and we: need to change the way we are presenting it. Steve Lawver said the city andt the board of aldermen cannot promote that. Mike Talley said the city can spend some money to educate about the use tax, but cannot promote it. Stevel Lawver said thel HR and Budget committees both have talked about using the uset tax to support thel Police Department and most committee members are in favor of that. He said the ballot language cannot be changed. Hollie LaVigne asked ift the speed signs had been ordered. Steve Lawver said the council would need to approve the bid first. LaDonna Allen asked about sending the water line inventories to people that receive bills and Alaina Wright said Tracé LaDonna Allen asked about the VoIP process. Steve Lawver said S&S Computers has started the process of porting those Mike Talley said closed session minutes were not reviewed tonight since two members were absent, and he would like to share those minutes with the Mayor, ands sincel he wasn't) part of that meeting he needs permission before he can review those minutes. David Pyler motioned to share the minutes with Mayor powers. LaDonna Allen seconded. Alli in favor. No opposed with two absent. Stevel Lawver said! hel has preliminary drawings for the next phase of Pennell sidewalks. Hes saidt the city'sp portion oft the project Bill Maguire asked when the city does striping and Steve Lawver said we have to contract that out. Bill Maguire said he's  Strategies. She said she would like the entire council to review that material and discuss it at the next meeting.  UNFINISHED BUSINESS  McMullen is working on the list right now to send those inventories out.  numbers.  had gone down from $95,513 to $89,347 and the drawings are available if anyone wants to see them. heard from several people that Briarbrook drive going into the curves toward Joplin needs tol be restriped.  NEW BUSINESS    LaDonna Allen asked about rezoning Pennell to make itai mixed zoning area. Mike Talley said a new: zone would need to be Mayor Powers said Don Marshall, a former alderman passed away several weeks ago and thoughts and prayers are with his Alaina Wright said the filing for aldermen opens on December 5 at 8:00 AM and runs through December 26 at 5:001 PM. She Alaina Wright brought a utility issue for the resident at 4061 Hodge Drive. She said that resident had called and they had an extremely high water bill but there was no leak detected when the meter was check. Alaina said that we typically only do adjustments when al leak was found and repaired but this customer is asking for an adjustment because 119,400 gallons were used and his water bill was $1,040.68. Mike Talley asked what besides a leak could cause that kind of usage. Jay Morton said a faucet open on side of house can doi it, or ai toilet flap that gets stuck open could easily cause that kind of usage. Hollie LaVigne motioned to allow an adjustment to be done to forgive the excess sewer charges. Mike Burns seconded. Hollie LaVigne, Roger Spencer, LaDonna Allen, Mike Burns and  created and P&Z will need to make ar recommendation on that.  family.  Mike" Talley said there needs to be a closed session during the next meeting for personnel.  said the seats occupied by Billl Maguire, Mike Burns, Bob McAfee, andl Roger Spencer are available in this election.  Billl Maguire werei in favor. David Pyle abstained and there were no opposed with two absent.  ADJOURNMENT Meeting adjourned at 8:361 PM.  LaDonna Allen motioned to adjourn the meeting. Hollie LaVigne seconded. All in favor. No opposed with two absent.  MAYOR  Dhp