Linn aldermen adopt ordinance making disorderly conduct a misdemeanor

By Theresa Brandt, Staff Writer
Posted 7/26/23

LINN   — Linn aldermen approved Bill # 2023-014, an ordinance that adds disorderly conduct as a misdemeanor into the city code, at their meeting last Tuesday night. The ordinance describes …

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Linn aldermen adopt ordinance making disorderly conduct a misdemeanor

Posted

LINN  — Linn aldermen approved Bill # 2023-014, an ordinance that adds disorderly conduct as a misdemeanor into the city code, at their meeting last Tuesday night. The ordinance describes disorderly conduct as “acts in a violent or tumultuous manner towards another person whereby such person is placed in reasonable fear of the safety of a person’s life, limb or health” or “whereby the property of such person is placed in danger of being destroyed or damaged.”

The ordinance includes the use “of vulgar or abusive words which by their very utterance tend to be abrasive, shocking, or abhorrent in nature.” This included obscene gestures.

The ordinance also outlines disorderly conduct as using vulgar or profane language in the presence of anyone under 18. Any person charged with disorderly conduct in the city of Linn could be fined up to $500.

Police Chief Sam Ford worked with Prosecuting Attorney Amanda Grellner to make sure that the wording was something she felt her office could prosecute if needed.

“This is basically a behavior ordinance,” Ford explained. “Disorderly conduct basically states that they need to act like they know how to behave.”

Ford was happy that Grellner was active in helping with the language of the ordinance.

“That was a huge leap for us to get her to say that because a lot of places don’t like disorderly conduct because they are afraid of freedom of speech,” Ford explained. “This is not about the freedom of speech. This is about me directing vulgarity at you that would cause a physical reaction.”

Ford explained that everyone has probably been in a restaurant where a table was getting loud and using unacceptable language around minors.

“It would be nice for the police to be able to curb that,” Ford said. “This is an ordinance that is much more about giving people warnings than having to write a citation. But if we are going to tell people to knock it off, we’re going to have to have an ordinance with teeth.”

In other police department news, Ford is hoping to send the city’s two police dogs for certification on narcotics soon.

“I saw both dogs work on narcotics yesterday; both dogs don’t miss,” Ford said. “Both dogs, both teams, work together brilliantly.”

Ford said he believes Linn has a bigger drug problem than the city would like to admit, with narcotics being trafficked through the area. The city’s K-9 teams will be active in trying to stop it.

Ford said his wife and one of the new deputies, Ryan Walter, are interested in starting a “coats for kids” program in the city.

Ford is considering getting an additional police vehicle from the Osage Beach Police Department.

“I am very fiduciary-minded,” Ford said. “I am working on a deal with my past employer to buy a surplus vehicle that won’t cost us nearly as much as the $30,000 from the surplus at the Highway Patrol.”

Ford said it’s important for K-9 units to have their own vehicles so the dogs are in a familiar space and have the specialized equipment they need.

He is more confident in buying one of the surplus vehicles from Osage Beach even though the vehicles have higher mileage than the ones from the Highway Patrol.

“I know how the city of Osage Beach takes care of their vehicles,” Ford said. “I was there for 18 years. They are very strict with their maintenance and repairs.”

The Linn Police Department is taking a special interest in stopping the delivery of vehicles to Jim Butler that sometimes happen in the turn lane on Hwy. 50 in front of the dealership. Ford said he is sympathetic to businesses, but public safety is his number one concern. He has spoken to Mike Carroll at Jim Butler Chevrolet, and the police department will be issuing warnings this week. Next week, tickets will be written for unloading on Hwy. 50.

Ford is happy his department is fully staffed and believes that he has a team to be proud of.

“I think we have a team that is considerate,” Ford said. “They are polite. I don’t have any loose cannons. I want fair and equal enforcement. I want someone who is going to treat everyone fairly. Law enforcement should be approachable. I’ve solved more crimes in my career over a glass of iced tea than I have through hard investigative tactics.”

In other business, City Clerk Carrie Grellner reported that she has received only one bid for the construction of the All-Inclusive Playground from All Inclusive Rec for $461,999. The estimate must go to the Missouri Department of Natural Resources (DNR) for approval.

* Aldermen approved Bill #2023-015, which agreed to a three-year contract with Republic Services for trash services in the city. Republic will increase its rate by 4.5% each year compared to last year’s increase of 3%. The city will also have the option of requesting an additional recycling bin as a part of the contract.

Mayor Dwight Massey is working with local businesses to find a good spot for the second recycling bin.

• Alderman approved Bill #2023-013 to amend the 2022-23 city budget with the following increases: administration ($20,104), street ($107,099), water ($26,322), K-9 ($1,434), Shop with a Hero ($6,830), ARPA ($30,856), general improvements ($30,000), park improvements($1,799), and sewer ($41,457).

• The board approved a bid to put new fencing around the old skate park for $14,750 with Double G Industries.

Park Board President Neil Loethen contacted three companies to put up the fence and received only one additional bid from Mid Missouri Fence Company for the same six-foot galvanized chain link fence at $16,120.

Loethen had been trying to utilize the existing poles from the old skate park but was having trouble with them being bent and breaking off. He spoke with the two fencing companies that quoted the job, and both suggested new fencing for the best overall results. Loethen did not price gates as he does not feel these will be necessary for the new pickleball and basketball court.

Loethen suggested that the old poles from the skate park could be repurposed for use at Maguire Park so that people did not drive around the gate.

Massey thinks the 10-foot fence will be missed when games are going on in both the pickleball court and the ball field.

“Pickleball is really not like tennis,” Loethen said. “I don’t think it is going to be a problem.”

Massey said he didn’t know anything about pickleball and certainly did not want to see a bid for a 10-foot-tall fence considering the cost of the six-foot-tall fence.

Clerk Grellner will make up a work order for city workers to fill the cracks in the asphalt for the new pickleball court. Massey noted that when Higgins is in town to work on the streets, they can work on sealing the pickleball court at the same time.

Loethen noted the park board had met and adopted a set of bylines that closely align with the city’s ordinances.

“I tried to research as much as I could beforehand,” Loethen said. “We went through the ordinance line by line to make sure we were following it.”

• Alderman Bill Turner noted that the shades for the pool were to be delivered last week.

• Massey explained that the city has been working to repair a leak on a main water line. The service lines installed during the late 1980s out of copper are starting to wear out.

“They used copper to go underneath the street to all of the houses, and it’s breaking,” Massey said. “This is the first one, and I think we are going to see a whole buttload of these. It’s copper, and when it breaks, it starts popping pin holes and looking like a sprinkler. So we’ll have to dig them up one by one as they pop.”

Massey added that he worked with the crew to get the line and road repaired. Currently, the street has been back-filled with chat until it has time to settle, and then concrete or asphalt will be used to fix it permanently.

• Bartlett & West reported that they are still waiting on the pumps for the Jaegers Wastewater Regionalization Project. The manufacturer predicts it will be an additional six weeks until delivery.

Bartlett & West is putting together final plans and estimates for street work. Massey hopes they will still be doing street work in August or the first part of September.

• Massey announced that the Osage Travelers would be playing at the City Park from 7-11 p.m. following the Taste of Osage County on Sept. 9. Plans are still being put together, but the event organizer hopes to have several food trucks and possibly a car show.

• Resident James Schmitz addressed aldermen with several things he would like to see done for the city. He would like the city to investigate how to manage runoff as more subdivisions and apartments are constructed. Schmitz believes that runoff is becoming a problem. He would also like to see a building code for the city.

“I have worked for the census, and some of the stuff I’ve looked at shouldn’t be lived in,” Schmitz said.

Massey said that they have looked into an occupancy permit, but the idea was fought by local property owners.

“People are going to fight it,” Schmitz said. “People don’t like building codes.”

Schmitz was happy to see that the city was moving forward with a path towards annexation as he believes that the city is missing out on a lot of sales tax revenue.

Schmitz was most critical of the police department.

“I guess they are doing a good job,” Schmitz said. “I don’t see them much. Things are kinda quiet, so they must be doing good.”

Schmitz insisted that he supported the police but did not believe they needed to purchase another vehicle, which he had read about in the Unterrified Democrat.

“We’ve got too many vehicles,” Schmitz said. “We can probably get rid of a few.”

• Aldermen approved outstanding bills totaling $119,563.43.

• Linn had the following account balances in their governmental funds: general ($508,023.98), pool (-$8,786.39), park ($107,800.12), police training ($3,234.18), park-improvement and equipment ($19,373.09), pool-improvement and equipment ($5,513.74).

• The city had the following account balances in their business-type funds: water ($490,726.87), water replacement ($66,368.36), sewer ($456,370.09), sewer replacement ($21,454.81), and grants (-$66,700.59).

• Linn had nine certificates of deposit totaling $1,277,838.92.

• The next meeting is scheduled for Aug. 15 at 5 p.m.