The Carl Junction City Council meti in regular session on Tuesday September 24, 2024 at 7:001 PM at City Hall. Mayor Mark Powers calledt the meeting to order with thei following present: LaDonna Allen, WalterHayes, David Pyle, Roger Spencer, and Carole Wofford. Rick Flinn, Hollie LaVigne, and Bobl McAfee were absent. Also present were City Administrator Steve Lawver, City Attorney Mike Talley, City Clerk Alaina Wright and City Administrator Assistant Crystal Winkfield.  AGENDA with three absent.  Roger Spencer motioned to approve the agenda as presented. LaDonna Allen seconded. All in favor. No opposed with three absent. LaDonna Allen motioned to approve the consent agenda. David Pyle seconded. All in favor. No opposed  PUBLIC FORUM and owned al home for years.  Wanda Jackson-605 Rose Lane-She is selling the home and renting a duplex on West Briarbrook Lane, ands she feels like she's being punished because she's s renting since she willl have to put down a $125 deposit even though she's lived here  APPROVAL OF BIDS FOR TOPSOILI FOR COUNTRY CLUB PARK  Steve Lawver said there were two bids for dirt work at Country Club Park: Atnip Enterprises for $25,435.00 and Elements Construction for $43,450.00. LaDonna Allen asked what would happen ifv we didn'thydroseed andi ifity would lower thel bids. Steve Lawver said it would be about the same asj just seeding since you would have to buy straw as well. LaDonna Allen said it is a direct result of stormwater issues and asked why some of the cost couldn't come from stormwater funds. David Pyle asked ifity would come from ARPA funds and Steve Lawver said yes. David Pyle motioned to approve bid from  Atnip Enterprises. Walt Hayes seconded. All in favor. No opposed with three absent.  ORDINANCES  LaDonna Allen motioned toj put "AN ORDINANCE AMENDING ORDINANCE NO. 24-25 PASSED ONTHE 20THDAYOF AUGUST, ,2024, APPROVING CHANGEORDERNO.ITOANAGREEMENTBETBETWEENTHE CITY OF CARLJUNCTION, MISSOURI ANDI ELEMENISCONSTRUCTION CONCEPTS, INC,TOCOMPLETETHE ROUTE Z/PENNELL ST SIDEWALK IMPROVEMENT PROJECT PHASE VI FOR THE CITY OF CARL JUNCTION, MISSOURI, SAID AMENDMENT TO CORRECTLY IDENTIFY THE CONTRACTOR AS ELEMENTS CONSTRUCTIONCONCEPTS, INC., BUTTOOTHERWISE RATIFY ANDCONFIRMTHE CITY'S APPROVAL OF CHANGE ORDER NO. 1 SET FORTH IN ORDINANCE NO. 24-25" on first reading by title only. Discussion: Mike Talley said the first ordinance had OWN, Inc as the contractor instead of Elements Construction David Pyler motioned toj put it on second reading. Walt Hayes seconded. All in favor. No opposed with three absent. LaDonn Allen motioned to put it on final passage. Carole Wofford seconded. All in favor. No opposed with three LaVigne-absent, McAfee-absent, Flinn-absent, Spencer-yes, Allen-yes, Pyle-yes, Hayes-yes, Wofford-yes. Motion on Ordinance #24-28 was approved by roll call vote, signed by the Mayor, attested by the City Clerk and made aj part of the LaDonna Allen motioned to put "AN ORDINANCE APPROVING CHANGE ORDER NO. 2 TO AN AGREEMENT BETWEEN THE CITY OF CARL JUNCTION, MISSOURI AND ELEMENTS CONSTRUCTION CONCEPTS, INC., TO COMPLETE THE ROUTE ZPENNELL ST SIDEWALK IMPROVEMENT PROJECT PHASE VI FOR THE CITY OF CARL JUNCTION, MISSOURI, SAID CHANGE ORDER NO. 2 BEING FOR SETTLEMENT COSTS FOR DIFFERING FIELD CONDITIONS OFFSET BY MATERIAL UNDERRUNS LEAVING UNCHANGED THE TOTAL COST OF THE PROJECT AT $265,399.00; AND AUTHORIZING THE MAYOR TO EXECUTE SAID CHANGE ORDER NO.2 FOR AND ON BEHALF OF THE CITY OF CARL JUNCTION, MISSOURI" on first reading by title only. David Pyle seconded. All in favor. No opposed with three absent. Discussion: Steve Lawver said this came from MODOT and makes the contract amount and amounts for work David Pyle motioned to put it on second reading. Carole Wofford seconded. All in favor. No opposed with three LaDonna Allen motioned toj puti it oni final passage. David Pyles seconded. Alli in favor. No opposed with three absent.  David Pyle seconded. Alli in favor. No opposed with three absent. Concepts andi iti needed to be corrected for auditing purposes with) MoDOT.  Discussion: There was noi further discussion.  absent.  permanent records of the City of Carl. Junction.  completed match. absent.  Discussion: There was no further discussion.    LaVigne-absent, McAfee-absent, Flinn-absent, Spencer-yes, Allen-yes, Pyle-yes, Hayes-yes, Wofford-yes. Motion on Ordinance #24-29 was approved by roll call vote, signed by the Mayor, attested by the City Clerk and made a part of the LaDonna Allen motioned toj put "AN ORDINANCE APPROVING THEI DECLARATION OF DEED RESTRICTION IN ACCORDANCE WITH THE COVENANTS MADE FOR' THE. AWARD OF GRANT FUNDS INI PROJECT #29-01749, LAKESIDE PARK PROJECT ADMINISTERED BY THEI MISSOURI DEPARTMENT OF NATURAL RESOURCES, LIMITING USE OF THE PROPERTY TO OUTDOOR RECREATIONAL USE IN PERPETUITY IN ACCORDANCE WITH 43 CFR) PART 17 (CIVIL RIGHTS LAWS); AND AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE SAID DEEDI RESTRICTION FOR AND ON BEHALF OF THE CITY OF CARLJUNCTION" on first reading by title only. Walt Hayes seconded. Alli in favor. No opposed with three absent. Discussion: Steve Lawver said this was part of the closeout process for LWCF grant. He said this is like what's in place for Center Creek Park and restricts the property for outdoor recreational use. Steve said if we took anything away from David Pyle said he questioned this because this is for Lakeside Park in its entirety, not just the pavilion and playground area. David asked ifit would eliminate the possibility oft the resident who wanted tol buy part of the lake property and Steve Lawver said yes. LaDonna Allen asked what would happen if we didn't pass it and the mayor said we would have to give the grant money back to DNR. LaDonna Allen asked if we could ask to reduce the area and Stevel Lawver said he could ask. Mike Talley said with only five members of the council present, all five would have to vote in favor for it to pass, sO ifa any intendedi to vote no, the ordinance should bet tabled. LaDonna Allen motioned to tablet the ordinance tot ther nexti meeting. David LaDonna Allen motioned toj put "AN ORDINANCE ADOPTING PROTEST PROCEDURES IN REVIEWING PROTESTS CONCERNING SOLICITATIONS OR CONTRACT AWARDS FOR THE WEST BRIARBROOK LANE STORMWATER DRAINAGE DITCH PROJECT FOR THE CITY OF CARL JUNCTION, MISSOURI" on Discussion: Steve Lawver said this came from DNR to our engineers. Hes said there were noj protest procedures in our David Pyle motioned to put it on second reading. Roger Spencer seconded. All in favor. No opposed with three LaDonna Allen motioned to puti it on final passage. David Pyles seconded. Alli in favor. No opposed with three absent. LaVigne-absent, McAfee-absent, Flinn-absent, Spencer-yes, Allen-yes, Pyle-yes, Hayes-yes, Wofford-yes. Motion on Ordinance #24-30 was approved by roll call vote, signed by the Mayor, attested by the City Clerk and made a part of the  permanent records oft the City of Carl Junction.  thej park in thei future we would have to replace it with likes space somewhere else int town.  Pyle seconded. Alli in favor. No opposed with three absent.  first reading by title only. David Pyle seconded. Alli in favor. No opposed with three absent. contract, and they adopted these from a similar project in Lamar that DNRI has already approved.  absent.  Discussion: There was no further discussion.  permanent records oft the City of Carl Junction.  REPORTS  Long-Term Project report- - Steve Lawver said 4-Oaks Parki is now completed.  LaDonna Allen asked where MPUA project is and Steve Lawver saidi in the design process and should go out for bidt this fall. Rover Spencer asked about lighting at] Memorial Park and Stevel Lawver said we: are waiting on Jay Morton toi finish trail work LaDonna Allen asked ifs Schuber Mitchell said we can definitely have the dirt for Country Club Estates Park and Steve] Lawver  so they can go in and get pipe for thel lights. Jay Morton saidi it would be done before Veterans Day.  said yes. good too.  Treasurer's report - No discussion.  Public Works report - Mayor Powers said Lakeside Park looks good. LaDonna Allen said Center Creek Park looks Police Dept. report - Chief McCall said Shop with a Cop fundraising has started. He said they" 'vel had some issues Budget/Finance: LaDonna Allen said the committee met on September 23, and! Matt Wallace with KPM gave a report  with Walmart about gift cards, and they are now limited to purchasing $1000 per day with a check.  COMMITTEE REPORTS Code/ Nuisance: Rick Flinn was absent. Human Resources: Roger Spencer hadi nothing to report. Public Facilities & Planning: David Pyle hadi nothing to report. Economic Development: Hollie LaVigne was absent.  ofa good audit.    UNFINISHED BUSINESS  LaDonna Allen asked about going out for bids for cleaning services and saids several years ago we discussed hiring in house fort that, rather than using a cleaning service. Stevel Lawver said he only got one response, andi it was from. Janil King, sO LaDonna Allen asked if we had received any reimbursement for Lakeside Park and Alaina Wright said yes, we had  hej put it on hold. He said he agreed about hiring ap part time person to clean.  received around $216,000.  Mayor Powers wished Mike Talley a happy birthday.  NEW BUSINESS 6:001 PM: and the service will start at 6:00F PM. ADJOURNMENT Meeting adjourned at 7:401 PM.  LaDonna Allen said Richard Zaccardelli passed away and the visitation willl be Thursday September 26 from 5:00- LaDonna Allen motioned to adjourn the meeting. David Pyle seconded. Alli in favor. No opposed with three absent.  S  MAYOR  Alsly