The Carl. Junction City Council met in regular session on Tuesday July 27, 2021 at' 7:00 PM: at Hall. Mayor Mark Powers called ther meeting to order with thef following present:. Jim Gozia, Bobl McAfee, Rick Flinn, Roger Spencer, City Ladonna Allen, Mike Burns and Gary Stubblefield. Mark Satterlee was absent. Also present were City Administrator Steve Lawver, City Attorney Mike City Clerk Maribeth Matney, Deputy City Clerk. Alaina Wright and City Administrator Assistant Crystal Winkfield. Roger Spencer motioned to approve the agenda as presented. Rick Flinn seconded. Alli in favor. No Allen motioned to approve the consent agenda. Roger Spencer seconded. Alli in favor. No opposed with one absent. Brittany Johnson-404 Hodge, wanted to know about the process for putting speed bumps in the area. Steve Lawver  Talley, with one opposed absent. replied  AGENDA LaDonna that we  PUBLIC FORUM P&ZCASES  do not put speed bumps in public roadways because it is not advised by civil engineers. Mayor Powers asked for discussion regarding Case #21-06- - Final Plat for Fox Briar) Plat #6  The public hearing started at 7:04 PM. Dan Mitchell was present to speak in favor of approval of the plat. Jim Gozia asked where the construction entrance would! be. Dan Mitchell saidt they prefer doingi it int thei future roadbed, butt thata areai is notl EPAI mediated so they can'tbe sure yet that willl be possible. Jim also asked ift the road would goi in before construction began and Dan Mitchell said  yes.  Steve Lawver said P&Z met on thei issue and are recommending approval.  Thej public hearing was closed at 7:08 PM.  Memorandum ofUnderstanding between Schuber Mitchell Homes and the City ofCarl. Junction  Mayor Powers saidi thisi item was already discussed duringt the public hearing and would! be discusseda again during the ordinance LaDonna Allen motioned1 toj put "ANORDINANCE. AUTHORIZING THE CITY TO GRANT. ANI INGRESS, EGRESS AND UTILITY EASEMENT TO RAINER SCHOLZ AND ILONA SCHOLZ, A MARRIED COUPLE, FOR ITS USE. AND ENJOYMENT IN CONNECTION WITH GRANTEE'S LEASEHOLD INTEREST IN CERTAIN TOWER PROPERTY IDENTIFIED IN THE EASEMENT AGREEMENT, ALL IN SECTION 6, TOWNSHIP 28, RANGE 33, JASPER COUNTY, MISSOURI, AS MORE FULLY DESCRIBED IN THE EASEMENT AGREEMENT ATTACHED TO THIS ORDINANCE; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE, PROCESS AND DELIVER SAID EASEMENT AGREEMENT TO RAINER SCHOLZ AND ILONA SCHOLZ, FOR AND ON BEHALF OF THE CITY OF CARL Discussion: Steve Lawver said this is for the cell tower to the north of the Community Center. The original easement was Roger Spencer motioned toj puti it on second reading by title only. Gary Stubblefield: seconded. Alli in favor. No opposed with LaDonna Allen motioned toj put it on final passage. Gary Stubblefield seconded. Alli in favor. No opposed with one absent. McAfee-yes, Stubblefield-yes, Flinn-yes, Spencer-yes, Allen-yes, Burns-yes, Satterlee-absent, Gozia-yes. Motion on Ordinance #21-21 was approved by roll call vote, signed by the Mayor, attested by the City Clerk and made aj part of the permanent  discussion on item 7f. ORDINANCES  JUNCTION" on Is'reading by title only. Roger Spençer seconded. Alli ini favor. No opposed with one absent. granted tol Mr. Scholz's lessee and notl Mr. Scholz himself and this ordinance would correct thati issue.  one absent.  Discussion: There was no additional discussion.  records ofthe City ofCarl. Junction.  LaDonna Allen motioned toj put "AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF CARL JUNCTION, MISSOURI AND ANDERSON ENGINEERING, INC., TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN AND CONSTRUCTION PHASES FOR SIDEWALK IMPROVEMENTS ALONG ROUTE LPENNELLSTREET, PHASE V (FEDERAL AID PROJECE-TAP990PSTD INTHE CITY OF CARLJ JUNCTION, FOR SUMS WHICH WILL NOT EXCEED $40,478.72 FOR DESIGN SERVICES AND $32,680.72 FOR CONSTRUCTION SERVICES, AND SUCH ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES AS PROVIDED IN THE CONTRACT; PROVIDING THE TERMS AND CONDITIONS THEREOF; AND AUTHORIZING THE MAYOR AND/OR CITY ADMINISTRATOR TO EXECUTE SAID CONTRACT FOR AND ON BEHALF OF THE CITY OF CARL JUNCTION, MISSOURI" on 1s reading by title only. Mike Burns seconded. Alli in favor. No opposed with one absent, Discussion: Steve Lawver said this is one more step in completing our sidewalk project from Grimes to Dean. Rick Flinn askedi ifitv would look similar to the current sidewalks west of] Pennell. Steve said yes. Roger also askedifiti included curb and guttering and Steve said we were not able toi include curbs and guttering because MoDOT would not approve those in the grant. LaDonna Allen motioned toj put it on second reading by title only. Mike Burns seconded. Alli in favor. No opposed with one  absent.    Discussion: Roger Spencer asked when wej paid for thej portion oft the sidewalks already done. Steve Lawver said the area of LaDonna Allen motioned to puti it on final passage. Rick Flinn seconded. Alli in: favor. No opposed with one absent. McAfee-yes, Stubblefield-yes, Flinn-yes, Spencer-yes, Allen-yes, Burns-yes, Satterlee-absent, Gozia-yes. Motion on Ordinance #21-22 was approved by roll call vote, signed by thel Mayor, attested by the City Clerk and made a part of the permanent LaDonna Allen motioned to put "AN ORDINANCE APPROVING A THIRD AMENDMENT TO THE LEASE AGREEMENT DATED FEBRUARY 6, 1996, AS AMENDED, BETWEEN THE CITY OF CARLJUNCTION AND USCOC OF GREATER MISSOURI, LLC, A MISSOURI LIMITED LIABILITY COMPANY, TO REPLACE AND ADD CERTAIN COMMUNICATIONS EQUIPMENT TO THE PREMISES; AND AUTHORIZING THE MAYOR AND/OR CITY ADMINISTRATOR TO EXECUTE SAID AGREEMENT FOR. AND ON BEHALF OF THE CITY OF CARL JUNCTION, Discussion: Steve Lawver said this is for the water tower on Anita Dr. They are going to upgrade the antennae and radios on LaDonna Allen motioned toj put it on second reading by title only. Roger Spencer seconded. Alli in favor. No opposed. Discussion: There was discussion about the cable going through the interior of the tower and if US Cellular would be LaDonna Allen motioned toj puti it on finalj passage. Roger Spencer seconded. All inf favor. No opposed with one absent. McAfee-yes, Stubblefield-yes, Flinn-yes, Spencer-yes, Allen-yes, Burns-yes, Satterlee-absent, Gozia-yes. Motion on Ordinance #21-23 was approved by roil call vote, signed by the Mayor, attested by the City Clerk and made aj part of the permanent LaDonna Allen motioned to put "AN ORDINANCE AMENDING TITLE I. GOVERNMENT CODE, CHAPTER 130: MUNICIPALCOURI, BY AMENDING SECTION 130.250: COURTCOSTS, TOI MANDATE THE: $2.00 ASSESSMENT IN SUBPARAGRAPH 41 FOR BATTERED PERSONS SHELTERS, TO DELETE CURRENT SUBPARAGRAPH 9 WHICH PREVIOUSLY IMPOSED A SURCHARGE OF $3.00 FOR THE SHERIFF'S RETIRMENT FUND, AND' TO RENUMBER THE SUCCEEDING SUBPARAGRAPHS on 1-reading by title only. Gary Stubblefield seconded. All in favor. No opposed with Discussion: Steve Lawver said the Supreme Court found 3rd and 4th class municipalities could not pay into the sheriff's LaDonna Allen motioned to put it on second reading by title only. Roger Spencer seconded. Alli in favor. No opposed with Discussion: Gary Stubblefield asked if the ordinance would take any money away from domestic violence victims. Steve Roger Spencer motioned toj puti it on finalj passage. Gary Stubblefield seconded. Alli in favor. No opposed with one absent. McAfee-yes, Stubblefield-yes, Flinn-yes, Spencer-yes, Allen-yes, Burns-yes, Satterlee-absent, Gozia-yes. Motion on Ordinance #21-24 was approved by roll call vote, signed by the Mayor, attested by the City Clerk and made a part of the permanent LaDonna Allen motioned to put "AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLJUNCTION, MISSOURI AND GEOSYNTEC CONSULTANTS, INC., TO PROVIDE PROFESSIONAL SERVICES INCONNECTION WITH A SITE-SPECIFIC METALS TRANSLATOR STUDY TO ESTABLISH MORE APPROPRIATE AND FAVORABLE FINAL EFFLUENT LIMITATIONS FOR THE CARL JUNCTION WASTEWATER TREATMENT FACILITY WHICH DISCHARGES TO CENTER CREEK FOR A SUM NOT TO EXCEED $53,000.00 WITHOUT THE CITY'S WRITTEN CONSENT; PROVIDING THE TERMS AND CONDITIONS THEREOF; AND AUTHORIZING THE MAYOR AND/OR THE CITY ADMINISTRATOR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF CARLJUNCTION, MISSOURI" on 15, reading by title only. Mike Burns seconded. All in favor. No opposed with one Discussion: Steve. Lawver saidi thisi is a continuation of thei issue of zinc and lead levels in the effluent. Thisi is contract one of two. This contract allows Geosyntec to test at certain places and times and get al base background of lead and zinc levels present. This LaDonna Allen askedi ifother cities currently doing thiss same process havel been helped by doingt this. Stevel Lawver said those Mikel Burns askedi ifwec couldj just use. Joplin or Webb City's data since we'res SO close geographically. Steve Lawver said no. Rick Flinn asked what would bei included: int the $53,000. Steve Lawver saidi there willl be seven collections sites andt they will LaDonna Alleni motioned toj puti it on second reading! by title only. Gary Stubblefield seconded. Alli ini favor. No opposed with LaDonna Allen motioned toj put it on: final passage. James Gozia seconded. Alli in favor. No opposed with one absent.  Miller & Temple was thel last area andi it was roughly $350,000 total.  records of the City of Carl Junction.  MISSOURI" on 1"reading by title only. Mike Burns seconded. Alli in favor. No opposed with one absent.  itsoitwill be 5G capable for US Cellular customers.  responsible for any costs incurred by the city in thei future because oft thel location oft the cable.  records ofthe City ofCarl. Junction.  one absent. retirement fund. one absent. Lawver said it would not.  records oft the City ofCarl. Junction.  absent.  is one oft the ways DNRI has suggested the city begin handling the issue. cities have been able toj push back and gets smaller mandates from DNR.  collect monthly through August 2023.  one absent.  Discussion: There was no additional discussion.    McAfee-yes, Stubblefield-yes, Flinn-yes, Spencer-yes, Allen-yes, Burns-yes, Satterlee-absent, Gozia-yes. Motion on Ordinance #21-25 was approved by roll call vote, signed by the Mayor, attested by the City Clerk and made aj part of the permanent LaDonna Allen motioned to put "AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN SCHUBER MITCHELL HOMES, LLC., AND THE CITY OF CARL JUNCTION, MISSOURI, CONCERNING THE DEVELOPMENT OF PROPERTY COMMONLY KNOWN AS PHASE 6 TO THE FOXBRIAR SUBDIVISION IN THE CITY OF CARL JUNCTION, MISSOURI TO DELINEATE AND AGREE TO THE RESPONSIBILITES OF THE PARTIES" on 1st reading by title only. Rick Flinn seconded. All in favor. No opposed with one  records of the City ofCarl. Junction.  absent. absent,  Discussion: Steve Lawver said P&Z also looked at this andi it was part oftheir approval.  LaDonna Allen motioned top put it on second reading by title only. Bob. McAfee seconded. Alli ini favor. No opposed with one LaDonna Allen motioned toj puti it on: final passage. Rick Flinn seconded. Alli in favor. No opposed with one absent. McAfee-yes, Stubblefield-yes, Flinn-yes, Spencer-yes, Allen-yes, Burns-yes, Satterlee-absent, Gozia-yes. Motion on Ordinance #21-26 was approved by roll call vote, signed by the Mayor, attested by the City Clerk and made aj part oft the permanent LaDonna Allen motioned to put "AN ORDINANCE ACCEPTING FOX BRIAR PLAT #6 OF CARL JUNCTION SUBJECT TO CERTAIN CONDITIONS" on 1streading by title only. Bob McAfee seconded. All in favor. No opposed with one LaDonna Alleni motioned toj puti it on second reading by title only. Bob McAfee seconded. Alli in favor. No opposed with one Roger Spencer motioned toj puti it on final passage. LaDonna Allen seconded. Alli in favor. No opposed with one absent. McAfee-yes, Stubblefield-yes, Flinn-yes, Spencer-yes, Allen-yes, Burns-yes, Satterlee-absent, Gozia-yes. Motion on Ordinance #21-27 was approved by roll call vote, signed by the Mayor, attested by the City Clerk and made a part oft the permanent  Discussion: There was: no additional discussion.  records ofthe City ofCarl Junction.  absent. absent.  Discussion: There was no discussion.  records ofthe City ofCarl. Junction. REPORTS  The Council reviewed the Administration: report. Steve Lawver said he received an email from MML today that we should be Public Works report - Jim Chaligoj was absent. Rick Flinn said there was aj pothole on Angel Leai near Pennell that needs to  receiving guidance from the Office of Administration from the State of] Missouri.  be taken care of.  Police Dept. report- - Mark McCall had nothing to addi tol his written report.  Bldg Insp report- No discussion. Court report No discussion COMMITTEE REPORTS  Budget/Finance: Ladonna Allen said she would like to meet before the second August meeting if that works for other Code/ Nuisance: Steve Lawver said he needs to schedule ac code committee meeting Tuesday August 3 at 6:00P PM. Senior Citizens: Gary Stubblefield saidi the meals may differ fromi their schedule of meals due to supply chain shortages. Gary Stubblefield said the welcome garden at the entrance is being hidden by weeds and would like MoDOT tol be notified.  committee members.  Human Resources: Roger Spencer hadi nothing to report. Public Facilities & Planning: Bob McAfeel had nothing to report.  UNFINISHED BUSINESS NEW BUSINESS ADJOURNMENT adjourned at' 7:48 PM.  Roger Spencer saids something needs to be done about water flowing from Four Oaks Park. Gary Stubblefield said the South side of Pennell alsol has very tall weeds.  LaDonna Allen motioned to adjourn the meeting. Rick Flinn seconded. Alli in favor. No opposed with one absent. Meeting  CITYCLERK  MAYOR  adb