LINN — Linn aldermen unanimously approved Bill #2022-016 last Tuesday, amending the city’s traffic code to allow All-Terrain Vehicles (ATVs), and Utility Terrain Vehicles (UTVs) to legally operate on city streets. The decision was met by a round of applause from supporters of the measure in the standing-room-only meeting.

The ordinance was essentially the same as the one presented at the July meeting and restricts ATVs and UTVs on any city street that has a posted speed limit over 35 miles per hour. Owners will need to get a license at City Hall and must have already obtained an Osage County ATV/UTV permit. 

Applicants need to provide the city clerk with the make, model number, serial number/VIN, year, proof of paid property taxes, proof of insurance, and complete the city’s application. 

ATVs and UTVs are only allowed to operate within the city limits from sunrise to sundown, and only drivers over the age of 18 with a valid driver’s license may drive them. Vehicles will need to be equipped with a lighted headlamp, taillights, brakes, and muffler system. All ATVs and UTVs must have a bicycle safety flag extending no less than seven feet above the ground and attached to the rear of the vehicle. A bicycle safety flag must be in the shape of a triangle, no smaller than 30 square inches, and a Day-Glo color.

Additionally, all riders under 18 are required to wear a helmet. Passengers under the age of 16 are not allowed to ride unless the operator is a family member, and no one is allowed in the bed of the vehicle. Drivers cannot be under the influence of alcohol or any controlled substance. Seatbelts are required for operators and passengers. 

Fines for violating the ordinance are from $100 to $200, and violators will have their driving privileges within the city limits revoked. Passage of the temporary measure came with some words of warning from Mayor Dwight Massey and concern from several aldermen.

“I’m hoping this doesn’t open a can of worms and doesn’t cause problems in the community, but that is going to depend on the folks that own them and ride them and use them,” Massey said. “I know that there is some trepidation in the community about having them in town. I am hoping this works because I want our community to be our entire region here in Osage County, but on the other hand, I don’t want to hang out the people here in the city limits and make them feel like we’re not trying to protect their interests.”

Alderman Bill Turner was concerned that at a previous meeting, Aldermen Rick Niewald pointed out that one of his reasons for voting in favor of the change was because people were already driving ATVs and UTVs on city streets.

“I’m worried about why they (people driving ATVs and UTVs) weren’t already controlled by the police department at that time and how that is going to affect how the patrol handles this going forward,” Turner said.

Niewald noted that while some people were driving them on the streets before this, he didn’t think it was a large number of people driving illegally. Alderman Steve Boeckmann said that one of his biggest concerns was that this ordinance does not add a burden to the city’s police department. 

Turner stipulated that before he would vote in favor of the temporary ordinance becoming a permanent ordinance in December, he wanted a survey conducted among Linn citizens to get their thoughts on it. 

Resident Scotty Dudenhoeffer volunteered to survey the city residents himself.

“You have a vested interest in the issue,” Turner protested.

“You and me, Bill, we could jump in my machine and do it,” Dudenhoeffer said, his statement met with laughter by the group.

“I might take you up on that,” Turner said with a smile.

“To everyone here for this ordinance, just know that it is going to be watched closely,” Massey warned. “I encourage you to be safe, courteous, and I hope this works.”

Massey also noted that he hopes that people take advantage of the new ordinance to enjoy the town. He invited everyone to attend city events and stay involved in the community.

In other business, Alderman Mike Montgomery submitted his resignation from the board at the end of Tuesday night’s meeting. He cited a need for more time with his family as the reason for his resignation.

Mayor Massey and aldermen thanked him for his service.

“I am regretting the fact that we are going to lose you,” Massey said. “You have always been the voice of reason. Thank you for all you have done.”

• Aldermen approved Ordinance #2022-21 to fix the tax levy for city properties for the General Revenue Fund and Ordinance #2022-22 to fix the tax levy for city properties for the Parks and Recreation Fund. There were no changes made to the tax rate with the general tax rate unchanged at a fixed $.07303 per $100 of assessed valuation, and the tax rate for the Parks and Recreation Fund fixed at $.05 per $100 of assessed valuation. 

City Treasurer Janelle Jaegers provided tax revenue comparisons, noting that total valuation for properties within the city has increased from $17,604,037 to $18,492,046. This year’s estimated revenue from property tax is $135,047, an increase of $6,485 over the revenue from 2021. The estimated revenue for the park and recreation fund has also increased to $9,246, an increase of $444 over last year’s tax revenue.

The city is required to fix the tax rates every year.

• Aldermen authorized two payments to Bartlett & West for the design-build sanitary and water improvement projects that the firm is working on for the Stonegate Subdivision and the State Tech Golf course. Payments in the amount of $116,112.05 and $14,390.89 were authorized. Local construction company Aplex, Inc. has been contracted to perform the work.

• The Jaegers Subdivision Wastewater Regionalization Project is finally moving forward, with the project expected to start Aug. 16 or 17. Project Engineer Hope Drennan reported that the goal is to have the project completed within the next two to three weeks. 

Drennan reported that the wastewater line was adjusted slightly at a property owner’s request to avoid a Black Oak tree. Bartlett & West has been working with City Attorney Kent Brown in acquiring final easements for the project. Two property owners have not cooperated with the city on easements for the same property.

Aldermen approved Ordinance #2022-019, which authorizes the city to begin condemnation procedures. Debra Sheetz and Barbara Wiedenhaft are both named as defendants and are residents of Iowa. The ordinance seeks a temporary construction easement and a permanent, perpetual sewer easement.

The property owners have not responded to the city’s attempts to contact them and get the necessary paperwork signed so the project can proceed.

“Maybe this will be enough to get them to file the paperwork,” Massey said.

“Maybe,” Brown said. “I’ll hold off briefly before I file suit, but not for long.”

• Aldermen also approved Ordinance #2022-023, allowing the city to enter a contract with General Code to begin codifying the city’s ordinances. The total cost for the codification services is $12,195, and Linn will have an annual maintenance charge of $1,195 to keep the codes up to date.

The city had originally budgeted $15,000 for codification.

• Aldermen passed Ordinance #2022-022 to put in place and establish a procedure to disclose potential conflicts of interest by municipal officials. This ordinance is required to be updated every two years.

• Aldermen also approved Bill #2022-023, which suspends the open container policy for the Taste of Osage County to be held Sept. 10, from 10 a.m. to 4 p.m. at the Linn City Park.

• The city will plan on having Lock’s Mill Propane top off the propane tanks for City Hall and the maintenance shed this fall and then prepay for 600 gallons of propane they will use for the rest of the winter. By pre-buying, the city can lock in the rate of $2.29 per gallon. 

Massey and Utilities Supervisor Larry Fredrich noted that there had been big savings in the amount of propane the city uses over the last year by replacing the old furnace in the maintenance shed.

• The board approved a pay rate of $15 per hour for the new part-time city police officer.

• Resident and property owner Donna Magrowski addressed aldermen, again asking for parking on one side of Adams Street where she has rental property.

Montgomery had gone down and met with Magrowski before the last meeting and took some measurements. He believed that the street was wide enough to allow parking on one side. 

“The problem is, I believe we are going to have people trying to park on both sides and emergency people can’t get through,” Turner said. 

“There is nothing really significant that has changed on that street since we made our initial decision,” Massey said. “We offered suggestions on how you could improve parking in front of your area, and rather than do that, you’ve come back to us and asked us to change our minds again. If you want to work and make some adjustments, then we can make some adjustments. We’ll work with that, but for you to just come and keep telling us to keep changing our minds, so you don’t have to make any changes, I don’t think is fair.”

Magrowski said that she believed there was supposed to be a meeting set up with the mayor that never happened.

“Are you willing to make some improvements?” Turner asked.

“It’s (the street) pretty wide there,” Magrowski responded.

“That’s not what I’m asking,” Turner said. “Are you willing to make some improvements to your property?”

“That’s what I’ve been asking,” Magrowski answered. 

The mayor set up an appointment to meet with Magrowski at her property. Turner and Boeckmann said they would try to attend if their schedule allowed.

• City Hall will be closed on Sept. 5 in observance Labor Day.

• The Linn License Fee Office will be closed on Aug. 30 and Sept 1-5.

• The Linn City Pool is closed for the summer. There were additional days that the pool was closed this season because it is still running on one pump. The second pump is still on backorder. City Clerk Carrie Grellner plans to call Pools Unlimited to see if they can find the leak in the kiddie pool. She will also look for a contractor that would be able to tackle some of the upgrades that have been listed by aldermen. She plans to contact Richard Backes to get the plumbing shut down for the winter.

• There is still no word on the grant for the All-Inclusive Playground. Grellner said that they are not expecting to hear a yes or a no until September, at the earliest.

• Fredrich reported that he and his crew have been repairing leaks, filling potholes, and keeping the grass and weeds cut, even though this department is down to two people. The tractor is currently in the shop, and Fredrich is waiting on an estimate to have it repaired. 

• The city’s well is back in operation after being hit by lightning during a recent storm. The city’s insurance, Missouri Public Entity Risk Management Fund (MO PERM) is aware it was a lightning strike and will pay part of the expense.

• Fredrich has had a problem with a plumber doing work in town and reminded aldermen of several long-standing ordinances that apply to plumbing and water issues in the city.

“The alderman should be aware the city ordinance reads that we are only responsible to the curb stop,” Fredrich said. “If we can turn the curb stop off to eliminate the leak, that is what we are required to do.”

Fredrich went on to explain that a leak can jeopardize the rest of the system and that the city is required to give a 24-to-48-hour notice before shutting off the water if a leak occurs. Fredrich repeated that the customer is responsible for everything after the curb stop, regardless of the distance to the house.

Fredrich also noted that if there are ever three leaks in the same line the entire line must be replaced because that line is faulty. He said that the city ordinance also stipulates what materials can be used.

• Massey met with Ameren Missouri to discuss moving several poles that are on the city’s streets. He reported that the meeting went well, but they found out that the Ameren is already off the poles aldermen were concerned about. Massey set up another meeting with Cable America and AT&T, and he said they were very receptive to removing the old poles. Fredrich noted 22 locations in Linn where one pole sits next to another. Both companies assured the mayor they would work the issue out.

• Korey Miller would like to raise money to build a Remote Control (RC) area at Maguire Park. He estimates it would cost $3,300 to build. He presented his idea at the Community Betterment Meeting earlier this month. He would plan to put together an RC club and hold events. Aldermen will think about his proposal and talk about it at an upcoming meeting.

• Cable America will be upgrading its network starting in January 2023. City residents may notice that they have people in town in the next several weeks assessing equipment.

• Boeckmann and Turner requested that police, the Planning and Zoning Commission and the Park Board start to make regular reports at monthly board meetings. Boeckmann noted that the previous police chief had presented a report at each board meeting. 

• All schools have started or will start classes in the next week or so. Aldermen warned people to be careful and aware of additional traffic in town.

• Aldermen approved outstanding bills totaling $306,220.71.

• The city has the following account balances in their government fund accounts general ($268,241.90), pool (-$12,718.58), park ($88,814.70), police training ($2,804.18), general fund-improvement and equipment ($8,646.09), park-improvement and equipment ($26,770.50), and pool-improvement and equipment ($13,985.14).

• Linn has the following balances in their business-type funds: water ($430.739.36), water replacement ($132,417.17), sewer ($462,248.37), sewer replacement ($91,485.30), and grants ($29,226.82).

• The city has nine certificates of deposit totaling $1,089,798.13.

• The next meeting is scheduled for Sept. 20 at 5 p.m.