WESTPHALIA — Westphalia Planning and Zoning regulations have again proven to be a hot topic, drawing more than 20 people last Tuesday to the monthly board meeting night. 

A quick survey by Mayor Tammy Massman showed that only five of the guests at the meeting were city residents. The remainder of the group was made up of business and property owners and concerned Osage County residents.   

Roger Kloeppel with Pegasus Properties, LLC has concerns regarding the city’s zoning ordinances as his company is trying to sell several properties in the city limits.

“I think the city council is trying to do what‘s in the best interest of the city,” Kloeppel said. “Some of this just hasn’t been enforced in the past. I think there are just a lot of unknowns. If you are trying to do something, it does seem like it’s very difficult to get answers.”

Kloeppel thanked city attorney Dougg Stultz for being helpful when he has called him with questions.

“I really appreciate the feedback but I also know that costs the city money every time I call,” Kloeppel said. “I think there are just a lot of questions that are popping up that people didn’t ask in the past because we’re trying to follow the ordinances that obviously most people were not trying to follow before. Are there are things that could be done that could make this process easier and (that) are in the best interest of the community?”

“The code has been in place since 2002,” Massman replied. “It has not been changed or adjusted.”

She added that when someone asks if a rule exists, many times what has been happening in Westphalia is the only guidance city officials have. 

Massman went on to explain that she believes that some of the frustration stems from the fact that all the rules have not been followed in years past.

“It’s a process of active participation,” Massman said. “The responsibility does not necessarily fall on the city to gather the details. When a potential buyer is looking at a property, the answer is always referred back to the codebook since I’ve been in this seat.”

“This is kinda new and it’s new to us as well in the application of the zoning code,” Stultz explained. “I think the best answer is, if you think that you need a zoning variance, you need to fill out the variance application to provide all of the details.”

Stultz also explained that potential buyers could fill out variance requests applications for approval with the current property owner’s approval.

“I think there is one fundamental thing that wasn’t considered when this ordinance was passed,” property owner Terry Neuner said. “This is an old German community It’s built on the European-German tradition with houses being close to the street and lot being long German long lots. That’s the way it was. I know that was not in anyone’s mind to take that into account when (it) passed and I think it should be reviewed to accept that.”

“Every time you want to do something you have to file a variance,” resident Dale Logan said. “It’s going to take forever to get your property sold. The city needs to come up with something.”

“Unfortunately, the zoning laws are it,” Stultz said. “The applications for variances are it. That’s the best I think a city can do to give your potential buyer assurances that they can do what they want to do after they purchase it.”

“Or change the zoning ordinance,” Neuner said.

“That’s not going to be done here tonight,” Alderman Delbert Wieberg said.

“The zoning could be looked at,” Dr. Sam Barnhart said. “I’m looking at different things we could do with the Westphalia Inn. I know the parking and the setbacks are a problem. The setbacks on these old German buildings are ridiculous. As a property owner, (Neuner) is in a difficult position to actually create any value for his property.”

“We are not in any way, shape, or form trying to work against you,” Massman insisted. “We are trying to protect the entity of the city, the buyer, the seller, the adjourning neighbors. If we would go through the process of requesting the information to be filed, to be heard, the next-door neighbor might not know anything is happening until they are up in business, and if we don’t do our due diligence then that neighbor has a suit against the city and the current owner.”

“This isn’t any different than any other city,” Stultz added.

“The big difference is that it is a different kind of city with all of the buildings being close to the street,” Neuner argued. “The ordinances need to accommodate what we already have and what we are so proud of.”

“I would encourage you to look at the zoning and try to streamline it,” Kloeppel said.

“I understand the parking but it’s the setbacks I think are ridiculous for Main Street in Westphalia,” Barnhart said.

“It’s a simple variance request,” Massman explained. “Fill out the application. Submit it to the city. The city initiates the committee that makes the recommendation to the board.”

“What kinda timeline is that?” Logan asked.

“It is required by state statute regarding the positing requirement to be able to be heard two to three weeks,” Massman explained.

“So, you are knocking on 90 days before you know what happens,” Logan said.

“And that’s the issue,” Kloeppel said. “I would suggest it’s too broad now and something could be done.”

“I don’t think that updating or modifying the codebook will essentially do away with the variance applications,” Massman said.

“The variance applications are probably going to stay the same,” Stultz agreed. “That’s just how they are across the board. Every municipality that has zoning laws has these same applications.”

“I think a lot of this is up for interpretation,” Massman said. “A lot of it is up for education. A lot of it is up for an ongoing conversation. There are always two sides and I like to play devil’s advocate. There is always the possibility of a work-around.”

“We are questioning if the rules are right for this town and I think that really needs to be looked at,” Kloeppel said. 

“It just sounds like the city of Westphalia isn’t very welcoming to businesses and we’ve got to change that, (even) if that means updating some zoning laws to match our 1800’s buildings,” Logan said. “I don’t mean to imply that’s how you feel. That’s what it sounds like to us. The city council and mayor (don’t) care about growing our town. That is the appearance.”

“I think the biggest argument is space,” Massman replied.

“Well, deal with it,” Logan answered.

“We can’t build a business on top of a business and still have a functioning town,” Massman said. “And have what Terry (Neuner) was talking about in keeping the character of the town and the community.”

“When Westphalia Inn was open and on Sundays, parking wasn’t an issue then,” Logan said. “It was a little congested on Main Street. I don’t get it.”

“If you don’t like (the zoning codes) we can change them,” Stultz said. “We didn’t make the rules, but we have to enforce what’s left here for us.”

Stultz and Massman explained that a committee would have to be formed to look at the zoning codes.

“The best thing you can do as an outlying community member is to help mitigate getting some people involved because our biggest deficit is from residents that don’t share your opinion,” Massman said, “the ones that physically live in the city limits because the code was established based upon city residents’ input. In order to participate and entertain these notions moving forward, they have to come from city residents.”

“How do we go about streamlining things?” Serendipity Coffee & Tea owner Lori Asel asked. “The city doesn’t have a website. We can’t download forms.”

“Why doesn’t the city have a website?” Logan asked.

“We don’t have a website because none of us are full-time staff members,” Massman answered. “We don’t have the capability or facility to provide that. These meetings happen every month. It is public knowledge that these meetings are open in every way. So pleading ignorance as to not knowing how to get a hold of us or because we don’t have a website? We do have an active phone and email address. The information upon request has always been directly forwarded.”

“Since we don’t have full-time staff, let’s get another tool to make this simpler,” Logan said referring to building a city website. “It doesn’t cost that much.”

“We really just need to work together better,” Dr. Barnhart said. “There are only 24 hours in your day too. It’s a pain in the butt as an existing business to do some legwork but we need to do our part to fill out the forms and you guys need to do your part and not let your personal interests get involved in what your professional interests are here. I don’t frankly want to invest the time unless I know that there is some positive morale.”

“Listening to the community, this town lacks morale,” Conley said. “I’ve heard numerous times it’s not friendly. It’s not welcoming.”

“I’ve been sitting here listening to these people bitch about Westphalia,” Alderman Gerhard Schmitz, Jr. said. “About the people not being friendly and all that crap. I’ve lived here for 80 years and I have never run into a person in this town that was not friendly or helpful. So kinda hold back on the mean stuff about people not being friendly towards you, that’s not true.”

“I’ve simply voiced what I’ve heard,” Conley said. “And it’s from the new residents in this town. I’m sorry but that’s just the way it is. I’m just pointing it out. I understand from an old person that has lived here a long time that’s not your point of view.”

“I think there are great people here,” Dr. Barnhart said. “And I think you look pretty spry (pointing to Aldermen Schmitz).

“If you do not have a certain name in this town, you do not belong,” Conley continued.

“Well, that’s not just in Westphalia,” Wieberg said. “That’s in a lot of small towns.”

“We’ve generated a lot of conversation and I appreciate all of the conversation and we want to move toward making positive and effective changes,” Massman said. “I think at this point we do need to entertain conversation from city residents to be able to participate with moving forward with changing the code.”

Massman encouraged everyone in attendance to encourage city residents to volunteer and get more involved with the city.

“The hardest thing for us to do is find people to be members of the board and committees,” Massman said. 

“So about modernizing the platform, other than a printed Unterrified Democrat paper that very few people get a lot of, this isn’t public knowledge,” city resident Nicki Bax said. “I understand that to everyone over 45, it might be public knowledge but for all of the new residents that are in their 20s and 30s that are moving into town for the first time, it’s not public knowledge.

“I believe the path we are on is very antiquated,” Bax continued. “It needs to be more visible.”

Bax suggested that the city develop a website with information readily available to the public.

Massman noted that if someone wanted to develop a website for the city it could be brought before the board as a point of business.