Half a dozen city residents attended the Westphalia Board of Aldermen meeting last Tuesday night and most of them had an ax to grind with Mayor Tammy Massman. Stephan and Kathy Johannesmeyer, and Roger Kloeppel, owners of Pegasus Land Company LLC, took issue with Westphalia’s zoning ordinances. Pegasus Land Company is currently trying to sell three different properties within the city.
“My question is to you (Mayor Tammy Massman) sent or said this crap in here about the variances we have to apply for,” Stephan Johannesmeyer began. “We have asked you for weeks to tell us what variances, what ordinance it is that we are violating and you haven’t answered that question. How are we supposed to fill out the paperwork when we have no idea what we’re asking for?”
Johannesmeyer moved from the back of City Hall to sit on top of the city clerk’s desk.
“So initially our board is obligated to provide you with a copy of the code and the applications that pertain to that,” Mayor Massman explained. “It is not our duty…”
“It is your duty to tell us what ordinance we are violating and what variance we need to do,” Johannesmeyer interrupted. “Who do you get your legal advice from anyway?”
“The city’s attorney,” Massman answered.
“How do we know if we’re looking at the right variance?” Johannesmeyer continued angrily.
“Again (the Board of Alderman) is not applying for the variance,” Massman explained. “We are only ...”
“I have no idea what variance I need to apply for,” Johannesmeyer interrupted.
“That’s not for the board to decide,” Massman said.
“So, who is supposed to determine it?” Johannesmeyer demanded. “Do you have any idea how many variances we have in this town?”
Johannesmeyer asked his business partner, Kloeppel, to bring up a copy of the ordinances and zoning laws.
“This is the zoning bullshit we have in this town,” Johannesmeyer said, holding up the document. “Seventy pages, of which I doubt very seriously any of you have read them all. ‘Cause, you obviously don’t know which ones you’re enforcing and which ones you are not enforcing.
“There are a number of buildings in this town that have been sold, traded, or whatever that have violated a number of ordinances,” Johannesmeyer continued. “I don’t see any variances. I don’t see any applications for variances. Where did they all go?”
Johannesmeyer turned back to address Mayor Massman.
“You didn’t talk to us whenever you were selling your property and there are a number of variances that need to be taken care of there, on both of the properties that you sold,” Johannesmeyer said. “The other question I have for you is, you show me an ordinance or you show me a rule where you can call up a prospective buyer of our property and tell them you don’t think they should buy the property. No ... you don’t tell them that but if you buy the property, you may not be able to use it for what you want to use it for. Now you tell me an ordinance where they can’t use (the building) exactly for what we’re using it for.
“You don’t have one, do you?” Johannesmeyer pressed. “So, are you lying or do you not know your ordinances? Come on ... you seemed pretty chatty when you called (the buyer) up out of the blue to give her your opinion of what you wanted done.”
“Any person that was provided with the code, ordinance, rules, mapping, and application was via contact with the city,” Massman said. “That is our obligation to give it to them.”
“It is not your obligation to call them up,” Johannesmeyer said. “It is not your obligation to interfere with a sale. Now you show me a rule or ordinance that gives you that right.”
“If a potential buyer backs out of a sale it has nothing to do with us providing them with documents,” Massman said.
“It has everything to do with you,” Johannesmeyer said. “It has everything to do with the lies you told them and I will let you know that it was a lie. First of all, do you even know what the grandfather law is? You seem to tell everyone else if they buy a piece of property, they can’t be grandfathered in anymore.”
“And again, Stephen, everything you are asking ...” Massman said.
“My attorney has looked through all of this,” Johannesmeyer said, referring to the zoning ordinances.
“What you are making reference to is hearsay based on the fact that no one has witnessed the conversation that you are alleging,” Massman said.
“You’re telling me this person is lying to me?” Johannesmeyer asked. “No, if it ever came out in court I’d like to see you defend that. You’ve cost us hundreds of thousands of dollars. This is crap what you are trying to pull and I’m getting tired of it.”
At this point, city resident Jamie Kleffner took issue with City Clerk Kerry Bax, whom she thought was laughing.
“I don’t think this is a laughing matter,” Kleffner said. “He’s being serious.”
“Don’t look at me like that,” Kleffner said to Bax.
“I wasn’t laughing,” Bax said in response to Kleffner.
“She did and she looked at you (referring to Mayor Massman) and you gave her a smirk,” Kleffner said. “I’m right here. So, this isn’t hearsay.”
“The other question I have for you is, according to our attorney, what you’ve done is very unprofessional,” Johannesmeyer continued. “She couldn’t believe that you would do that. Not only is it unprofessional but it is unethical and not only is it unethical, but it is on the brink of illegal. And if you want to argue that point you go ahead and get your lawyer. I would assure you your lawyer is going to tell you the same thing. He’s going to tell you that it’s not your right and that you’ve violated our rights.”
“It is the city’s right to provide anybody that contacts the city with ...,” Massman started to explain.
“Nobody contacted you,” Johannesmeyer interrupted.
“That is your side,” Massman said.
“So, you’re telling me Brenda Rehagen is a liar,” Johannesmeyer said. “This is a bunch of crap.”
Johannesmeyer proceeded to read the zoning ordinance where it pertains to grandfathering in properties.
“Our attorney told us that when a building or structure or property is grandfathered in, no matter what, as long as it’s not changed from the original use, it has been grandfathered in and can be sold a hundred times and it is still grandfathered in as long as the use hasn’t changed,” Johannesmeyer explained.
“I’m just going to tell you exactly what our attorney told us,” Johannesmeyer continued speaking directly to Mayor Massman. “What you did, like I said is unethical, unprofessional and it is also illegal. And if you continue to pursue and aggravate and harass potential buyers that are coming into this town, not only will you be liable but the city is also liable and eventually the Board of Aldermen could be brought in because if you don’t know what she’s telling people how do you know if it is the truth or not?”
“It is up to the future buyer,” Alderman Wieberg explained. “Ignorance of the law is no excuse. It is up to them to do the research. That up to them and it’s not up to us to guide them.”
“No, but if they aren’t changing anything in the building there is no variance that is needed,” Johannesmeyer said. “There are no set-asides that need to be met. There is no square footage that needs to be met because it says here it is grandfathered in. Like I said, this is part of our retirement. We’ve worked our butts off for 30 years and don’t sit there and look at me like that (referring to Mayor Massman) because I’m tired of this crap.”
“What was provided to the prospective buyer was exactly what was requested,” Massman said.
“And I’m telling you that because it was grandfathered in there is no ordinance that needs to be applied for,” Johannesmeyer said.
“We’ve never suggested that one is needed,” Massman replied.
“It wasn’t up to her to define that code,” Wieberg said.
“Exactly,” Massman said.
“That still doesn’t make it right,” Johannesmeyer said. “It’s all of you that could make it right. I wish all of you would read through this (referring to the zoning ordinance he was holding). There’s shit in here about hospitals. We don’t have a hospital. You can get these ordinances off the internet anywhere.”
“It’s a generic thing,” Wieberg agreed.
“Besides, you haven’t applied these variances and ordinances in this town,” Johannesmeyer said. “What you want is no rental property on Main Street. That’s what you want. You’ve been spreading it around town and everybody knows about it.”
To Massman, he added, “Don’t look at me like you don’t know what the hell is going on.
“Talk to people at the bank,” Johannesmeyer continued. “We know exactly what you are trying to do. You told our prospective buyer that that is what you wanted, and that is what you are going to do. You’re sitting there calling them liars again. Don’t give me that crap about sending out these ordinances because they have nothing to do with the questions I am asking you. They have nothing to do with the fact that you are not pushing all the ordinances in town. So, why all of a sudden are you deciding to just pick on one or two people?”
“The code that was provided to your prospective buyer as well as you was a code that was developed and processed back in 2002,” Massman said. “With active participation by a multitude of professionals including committee members and hearings. One being yourself, Stephen.”
“Yes, and that has nothing to do with this crap,” Johannesmeyer said. “I have never seen this stuff even though I was on the zoning board.”
“It has not been manipulated or changed since that day,” Massman said.
“I think all of you should read this and see if you can make any sense of it,” Johannesmeyer said to aldermen. “I cannot figure out what kind of variance we need for our properties that should be grandfathered in.”
“The city has never informed you of the need for a variance,” Massman said. “It has only provided you with zoning code and all the potential applications.”
“Either you enforce all of (the ordinances) or you enforce none of them,” Johannesmeyer said. “First of all, you have to have lawyers to figure out everything it says in here and we spent a lot of money on a lawyer already who went through this and explained to us what the issues are.
“If you are buying a piece of rental property that they are buying for income, do you think that they are going to buy that after you tell them that maybe they are not going to be able to use it or possibly it may get grandfathered in?” Johannesmeyer asked. “Unless you know exactly, then you don’t say anything.”
“What we want to do is get rid of three buildings here on Main Street,” Roger Kloeppel, business partner with Stephen and Kathy Johannesmeyer of Pegasus Land Company. “We want to sell every one of them as apartments and every one of them has been apartments (since) we bought them 25 years ago. The way I read the zoning ordinances, I see no reason why these three buildings couldn’t sell as-is. I don’t see any problem with that.
“In any investment, we have someone wanting to buy it the worst thing for them is the unknown,” Kloeppel continued. “If they sense maybe they can’t continue to use it as is it’s going to run buyers off and that’s not good for a sale.”
“The grandfathering of use for the property has never, ever been an argument contrary to any information you have been provided with,” Massman explained. “It is clearly outlined in this code and it was provided to those prospective buyers.”
“So if we apply for a variance to get these apartments sold ...” Johannesmeyer started to say.
“The essence of a variance is to change what is there,” Massman said. “There is no dispute that the properties are non-conforming based on regulations put in place in 2002. But as is, if it is sold, it is grandfathered for use and that has never been an argument.”
Kloeppel questioned that on one property they had sold the driveway to a neighbor and on the other properties that they are selling, they would like to keep some of the lot.
“That is a question that is being redirected because when you read through (the zoning ordinance) that is why we’ve tried to elicit the engineering services that helped develop this to offer interpretation, collaboration with legal counsel because I don’t have a straight answer to offer you.”
“You can’t take it to your advantage and take part of the lot with you,” Wieberg said.
“We could apply for a variance,” Johannesmeyer said.
“Right,” Massman answered.
“And they could say go ahead and do it,” Johannesmeyer said. “And what is the problem with that?”
“There is no issue with that,” Massman answered. “If a variance is requested, it goes to another community member who serves on the zoning board.”
“Who are those people?” Johannesmeyer asked.
“I don’t have that information in front of me,” Massman said. “Again, they only come into play if a variance request is submitted formally to the city.”
“So, the properties you sold and dealt with over the years, have you applied for variances?” Johannesmeyer asked Massman again. “Have you had to jump through all of these hoops?”
“I think, Steve, you can’t go lobby those people,” Wieberg said.
“But they are elected officials,” Kleffner said. “It should be public knowledge.”
“They are not elected officials,” Wieberg said.
“We only call upon them if a variance is submitted to the council and then they are provided with the same information, articles to review, discussions with professionals and then they offer a recommendation to the board,” Massman explained.
“And then do you tell them it isn’t your job to specify variances?” Kleffner asked. “Do you do that with them? This is what you want but we’re not going to specify?”
“Any of the applications that are put forth are open for conversations with them,” Massman started to explain.
“But …” Kleffner began.
“Can I finish a statement?” Massman asked. “Those boards meet in an open format and are provided with the information just like any other prospective buyer and any city resident that moves within the city limits at their request and then that information if it is an issue regarding variances changes or adjustments to existing codes or ordinances there are public hearings and they are held in consultation with other professional services, engineering, attorneys, what have you.
“They are all provided with information that is black and white like everyone else and if there are questions regarding interpretation that is always deferred to legal counsel or other legal entities it might be concerning to hear arguments no different than any other format or any other public hearing,” Massman continued.
“But I just don’t understand how you guys want these rules followed but you don’t have to explain anything,” Kleffner continued. “You guys don’t have to say anything to me but in a town like this, the draw to come here is you rely on your family, friends, and neighbors.
“I can see your house from my road anytime,” Kleffner continued. “She (referring to Bax) contacted our original contractor before we even had set plans made. And don’t say that I’m lying because it’s the truth.”
“If any entity, professional or individual reaches out to the city ...” Massman began.
“No,” Kleffner said, explaining that Bax had initiated the conversation with her contractor. “Did you call my contractor?”
“Two weeks prior, I called for him to come and take a look at my house,” Bax explained.
“So, the answer is yes,” Kleffner said. “To give him a list of variances and regulations.”
“Can I speak?” Bax asked. “I called him because he’s my nephew and he also knew I was the city clerk. He asked me.”
“Just like Brenda (Rehagen) didn’t say the stuff she said,” Kleffner said. “I think if he tells me my aunt or cousin or whatever contacted me and asked me do you know that there is this ordinance?”
“Just let her finish,” Wieberg interjected.
“I contacted him,” Bax said. “He built my addition and I wanted more work done on my addition and ...”
“The conversation led to another job,” Wieberg finished.
“Did he do the work afterward?” Kleffner asked.
“Yes,” Bax answered.
“So, everybody lies,” Kleffner said.
“I think what the other side is not understanding is that a professional entity that provides a service is aware that there are codes and setback regulations,” Massman said.
“Why are you bring it up to anyone?” Kleffner asked Bax.
“If he asked for the documents ...” Massman started.
“Where you there, too?” Kleffner asked Massman. “He told me that he got a call from his cousin and she (pointing towards Bax) asked specifically what the plans were and asked me to come and do a job but he was pretty sure that he knew where this was going. Then he called and said yup, everything was laid out for me.”
“Why wouldn’t you as my neighbor come to me and say hey do you have any questions at this point?” Kleffner continued. “Not talk to your potential contractor or your potential buyer. Unless your seat on the board is more important than the people of this town.”
“The only reason any prospective buyer reached out to the city regarding a Pegasus-owned property, that contact was made on their own personal aspiration,” Massman said. “It was not this council’s position to reach out and talk to them.”
“But the information you gave them ...” Johannesmeyer said.
“In the instance of you and Kathy’s property, for the record, Brenda was contacted but not for that intention or purpose,” Massman said. “It was to be able to provide her daughter who recently purchased property in the city limits that had a business operating in there because it was questioned about any guidelines, provisions, and rules. And in that conversation with Brenda, that was the intent, and it led into her disclosure of her own personal interest in another property. There is nothing this council can otherwise do other than educate a person that there is a code in place and we will provide it to you.”
“It’s only making them afraid to move here,” Kathy Johannesmeyer said.
“Education and providing (documents) do not curtail their personal decision on how to proceed,” Massman said. “There is no lie in the fact that this is in place. We don’t advise on what application to file. We don’t advise on interpretation. When there are specific questions that are identified, we process that out for consultation.”
“We had ordinances before you became mayor,” Stephen Johannesmeyer said. “There really hasn’t been any issue or problems in this town until you started.”
“Do you want to start a petition to abolish the ordinance?” Wieberg asked.
“Yes,” Stephen Johannesmeyer said.
“You have the right to do that,” Wieberg said.
“The reason behind the code is to establish us as an entity,” Massman explained. “It opens us up to all of the incentives that are available through funding, through the state, and county. Having a code in place with the planning and zoning ordinance allowed the sewer to come into place. Do you want a functioning sewer system?”
“Yes,” Stephen Johannesmeyer replied. “But that has nothing to do with rental property. This is 70 pages of crap that doesn’t apply to anything in Westphalia. You have done nothing but cause problems. You’ve done nothing but deteriorate the value of property in this town because we don’t have investors that want to come in here because of the mayor. Not because of the ordinances, because of the mayor. You’ve got a reputation in this town, even in the banks. The banks know people don’t want to come here and invest because of you.”
“Come on now, you’re blaming her for everything,” Alderman Gerhard Schmitz Jr. said. “This is going further than what it should’ve gone.”
Wieberg noted that he has seen favoritism in the past for those who grew up in Westphalia or Osage County.
“That’s not in the past,” Kleffner said. “That’s still today.”
“It’s hard to get rid of it,” Wieberg agreed.
“It’s still today, especially when you live between these two,” Kleffner said referring to Massman and Bax. “Everybody’s eyes are on you.”
“I don’t care who you guys are or how long I’ve known you, this is how I interpret the code,” Wieberg said. “I’m not showing any favoritism.”
“I don’t think anyone wants favoritism,” Kleffner said. “I’m all for paying taxes. I’m all for following the rules but why can’t the lady that’s looking at me from the driveway say I have something to talk to you about and then take it from there? What made you call the ice cream truck?”
Kleffner had an ice-cream food truck at her house to provide ice cream for her daycare kids. When the truck started to sell ice cream to other members of the community, Bax requested the owner of the ice-cream truck fill out a business license to operate within the city of Westphalia.
“This is business,” Massman said. “The business related to the ice-cream truck got the same application that was present to the Pizza Quick (food truck),” Massman explained.
“How do they find out about the rule?” Kleffner asked. “Where is the chain of command and who do I talk to about this? Where is the information posted? Because I asked you for her (referring to Bax) number and said you couldn’t give that out.”
“It is hard to find contact information or the city of Westphalia,” said Westphalia Pizza Company owner Melissa Conley, who later tried to find the information online and was unable to find the city’s email address.
“If you Google search the city of Westphalia there is an email contact address because we don’t have a direct landline service to provide that,” Massman said. “If there are questions concerning any applications, or requirements within the city limits you can definitely reach out to us via email.”
“And you are able to send all of the paperwork and the information needed for permits?” Kleffner asked. “I was lucky enough to get it hand-delivered to my house with all of the topics I was supposed to go over.
“Who does anyone contact instead of Googling?” Kleffner continued. “There should be a list of numbers with contact information.”
“I think that obviously if you are a resident here and it is pertaining to any business related to the city of Westphalia, we have a public meeting where anyone can attend and open up the conversation for discussion,” Massman said.
“Not everything goes by the dates of your meeting and sometimes we don’t even know what the dates are or they change,” Kleffner said. “You can’t put that on the people that live here if you are able to change what’s going on at the drop of a hat.”
“At any time, anyone can reach out to anyone here,” Massman said.
“But where are those numbers listed?” Kleffner asked. “I don’t know her (referring to Bax) phone number. I asked for her phone number and I was told you can’t give out personal information. But she’s a paid city council member, correct?”
“No,” Massman said. “She’s the city clerk and if you Google for contact information on how to get ahold of the City of Westphalia ...”
“So that’s the official word, Google it?” Kleffner asked.
“How would you go about getting anyone else’s contact information?” Massman asked. “If you see one of us in passing, it can be done in person as long as it is not harassing in nature.”
“So, you’re saying there was harassment involved?” Kleffner asked. “Because all I wanted was to give ice cream to my daycare kids. And I can do that every other day of the week. I could have a food truck roll up into my driveway as long as my neighbors aren’t coming over.”
“And as long as you don’t make it public,” Wieberg said.
“And see, that’s my small-town mindset I have here. I’m doing something special for my kids and my daycare kids and then I have to worry about ‘smirky smirk (referring to Bax),” Kleffner said. “Look, she’s threatening through her eye contact. That is not the way to sit over there and smirk it up. That is harassment when someone is sitting over there with a half-smile and glaring.”
“Would you not agree that you ...” Massman began.
“I’m not a voted member of anything,” Kleffner said. “I pay my taxes. I mind my own business. So, I can look at anyone I want anyway that I want. If she (referring to Bax) wants respect from me, treat me with respect.
“You owe me nothing,” Kleffner continued. “Maybe your seat as mayor is more important to you than me sitting across the street. So don’t wave at me.”
“Again, I can’t even finish a statement to a question that is asked,” Massman said.
“Okay, why can’t phone numbers and email addresses be plastered on the window?” Kleffner asked. “If I Google the city of Linn, I don’t get a generic answer I get hours, contact information, so forth.”
“That is partially able to be answered by the fact that the city does not employ full-time staff or even part-time staff manning a site, a phone beyond their regular jobs,” Massman answered.
“So, the paper on the door to announce the meetings can be taken down and changed without notice?” Kleffner asked.
“No, that notification follows and adheres to all Sunshine Regulations that are set forth by the state,” Massman replied.
“What if I type something up?” Kleffner asked. “Would you post it on the door so people can find out how to get ahold of anyone in regard to official business since you guys don’t have time?”
“Board members do you have any opposition to providing them?” Massman asked.
“I don’t think anyone wants to give me their number?” Kleffner said.
“You can have my number,” Wieberg volunteered.
“I don’t think it became an issue or point until we’ve had people contact us with questions on what to do?” Massman said. “What is the process? What is the procedure? It’s never been an issue. Just like to answer your questions about the ice-cream truck, most of those vendors or any business owner know that they have to have state, county, and city regulations to follow. If they are not doing their own due diligence to make sure where they’re housing their operation falls into compliance with what is stipulated, then we can identify that to inform them.”
“I just want to be able to have whatever I want pull into my driveway and my neighbors come over if they want,” Kleffner said. “I’m not trying to harass you like you stated earlier. It’s not harassment. I’m sorry If I stepped on your toes by asking questions you don’t have the answers to.”
“Anybody can contact any city representative with any concern,” Massman said.
“You just don’t think it is odd?” Kleffner asked. “I know you don’t get paid for it but you could just shoot me a text.”
“It’s not my personal responsibility to direct that at you,” Massman said.
“But it would have been the neighborly thing to do,” Kleffner said.
“The neighborly thing to do is not to bash on social media anyone of us, myself in particular, for the intent to follow along with guidelines,” Massman shot back.
“Can you just say what you mean?” Kleffner asked. “Because you dancing around it gets us nowhere.”
“The ice-cream food truck was informed of the requirements of a business license,” Massman said. “That is my only obligation, to relay that information.”
“I said that from the very beginning, I realize that you don’t have to contact me about anything,” Kleffner said. “You obviously knew I was going to be upset.”
“Yes,” Massman said.
“And you didn’t care, and that’s the point,” Kleffner said.
“If we read the context of those text messages back and forth, it was left with the ball in your court to let me know of your availability to discuss it further,” Massman said. “And you chose for two months to not bring it up except in an open public format. So how is that neighborly? Me, the neighbor, asked to have an ongoing conversation with you.”
“It’s true (that) people don’t want to move here anymore and that’s sad,” Kleffner said, changing the subject. “Can these be enforced (referring to the zoning ordinances)? I want to know.”
“Yes,” Massman answered.
“And what happens if they sell their apartments and the new owners build a porch?” Kleffner asked.
“That will be based upon the advisement of legal counsel,” Massman answered.
“It’s their property, they can do what they wish,” Kleffner responded.
“I’m going to go back to our issue,” Kloeppel said. “We sat down and talked to an attorney and we said we wanted to make sure we understood this (referring to the zoning ordinances) and she said if you want me to read this whole thing and interpret it, it’s going to cost a lot of money. She said the city attorney should be able to tell us what ordinance you’re violating.”
“I don’t think the city has ever implied that you cannot proceed with any sales,” Massman said. “That’s never been a question just like anything that is grandfathered in has never been a question.”
Kloeppel hopes to build back a porch on the building that was once called “the Pink Elephant” that was originally part of the building. His interpretation of the zoning code is that his company will have to fill out a variance to build the porch back on.
Massman instructed him to either email or mail the variance application to the city.
“Whether it is intentional or not, it does have the feel of guilty until proven innocent,” Kloeppel said. “What are we doing wrong? And then no one can tell us what we are doing wrong.”
“It always has to be a specific question to attend to, just like there always has to be a variance application send in in order for it to be considered,” Massman said. “I can’t tell you what to file or how to fill it out.”
“I don’t know who your engineers are, but when we talked to our attorney, she asked why they would be asking engineers; they need to ask the attorneys because the engineers don’t interpret code,” Kloeppel said.
Massman and Wieberg explained that the city attorney asked for a recommendation from the engineering firm to verify information and plat maps.
Massman noted that the city attorney had recently been in contact and should have answers soon. They also will be able to answer questions directly from property owners if there are additional questions.
Massman noted that it was absurd that the current Board of Aldermen be held accountable for the way previous administrations enforced ordinances.
“These are things that are not up for conversation,” Massman said. “They are in the land of what-if’s and right now, we are at the present members so that is why as members who have been elected, the intent was to uphold and honor what the predecessors have put in place. Whether or not that was the same discretion the previous administration had or took is (nobody’s) fault.”
“So, the boutique can be grandfathered in because it has been that way for 130 years?” Johannesmeyer asked.
“Correct,” Massman said. “Like I said, that was never disclosed that it could not be. The only piece that was presented to your potential buyer was that this existed (referring to the zoning rules). They had no awareness of the existence of a code or plan or anything. So how they interpret that, whether they feel reservations, that’s not our place to advise them and it did not occur.”
“But why would you even bring that up to her to make her think there was a problem?” Kathy Johannesmeyer asked.
“The (zoning ordinance) was provided,” Massman said. “It was only that she disclosed that she personally was looking at a property and questioned can the uses continue. I said here is your booklet. Read through it. Seek counsel. Do your homework.”
“Why did you try to scare her off?” Johannesmeyer asked.
“There was no attempt to scare her off,” Massman said.
“I apologize for getting upset the way I did this evening,” Stephan Johannesmeyer said. “It’s part of being an old, stubborn German. It’s no problem if you are going to screw around with all these other things in the ordinances but when you start screwing around with my money, that’s when we are going to butt heads.”
With that, Stephan Johannesmeyer said good night and left City Hall.
“Again, the city had no malice or intent to alter or impede any personal sale of properties,” Massman said. “It is our responsibility as elected officials to provide this information to those persons that will potentially become property owners within the city limits.”
“So as long as she doesn’t make any changes, everything is okay the way it is?” Kathy Johannesmeyer asked.
“Brenda had no specific questions related to her intended alterations of the property,” Massman said.
“Just by insinuation it scared her,” Kathy Johannesmeyer said.
“Understandably,” Massman replied. “Rules scare everyone.”
“It wasn’t necessary, Tammy,” Kathy Johannesmeyer said.
“But in order for us to function as a Fourth-Class city under guidelines and statutes in the state of Missouri, there are certain things that we are held accountable for,” Massman said. “This is just one snippet of it.”
“You don’t have to make (potential buyers) afraid of the unknown,” Kathy said. “That is what you are doing.”
“Your potential buyer could come up to any of us and say ‘I want a copy of the codes,’” Wieberg said. “If you don’t understand it, get legal advice. My suggestions aren’t legal and you can’t take them that way.”
“We want to do what is right for the people coming in,” Massman said. “If the question is never asked, we don’t go around volunteering the what-if scenario.”
“I understand there is a process,” Kloeppel said. “I think that when a request is simple, I would hope that the council would streamline the process, just because I think it unnecessary. When it’s complicated, make it complicated. When it is simple, keep it simple. And I don’t call that the good-ole-boy, I call that using some common sense.”
“I would like to end with saying that I don’t have an issue with persons contacting myself who have contacted me previously,” Massman said. “But when it steps over the line when I can’t offer an answer immediately, which is usually the case, I take offense to the blasting, the name-calling, the assumptions that I’ve done something derogatory. That is not my intention and has never, ever been. But people need to understand the premise of why we are established as we are in order to promote ongoing improvements.
“I’m not even a voting member of this council unless there is a tie,” Massman continued. “I don’t make motions for the council. So, to have a lot of derogatory insinuations placed upon me personally makes me really question why I do this. Every two years, there is an open spot on the board and it is almost impossible to find members of this community within the city limits to help pay bills, keep the sewer operational, keep the streets and sidewalks maintained and safety ensured. Repairing relationships with neighbors works two ways, and I will be the first person to say that, and I have tried to encourage that in multiple areas with neighborly disputes. It’s just not the name of the game anymore.
“We do all have to live here and we do all want to have neighborly conversations and continue to wave at each other and I think that has been extended and not always reciprocated,” Massman added.
“I’m sure that everyone in this room has the best interest of the city in mind,” Kleffner said. “I just know not to have expectations. Whenever I have a problem, I won’t address my neighbor (referring to Mayor Massman). Do I need to contact someone else when I have an issue? Because when you say it’s harassment that’s ridiculous to me.”
“With generic questions, you have always been able to contact me directly,” Massman said.
“But being a neighbor and being a city member I’d like people to not laugh and shake their heads and roll their eyes to anyone,” Kleffner said. “Not to me, not to anyone.”
“I think as much as we would expect that from you,” Massman answered.
“But I’m not an elected official,” Kleffner said. “I understand I should be more respectful.”
“When it’s related to city business, there is a proper procedure to follow,” Massman said. “We can function in a variety of capacities. If it is city-related or personal you can feel free to contact me. If it is an answer you don’t like, you don’t need to take it to social media to defame and blast.
If it is an operating business, we have every right to inform the business of the regulations.
“I agree that even though they contacted the business, they should have contacted you and been a little more personal,” Wieberg added.
Kleffner continued to argue about the city approaching the ice-cream truck to purchase a business license.
Alderman Schmitz interrupted her, “Do you want to be mayor?” he asked.
“I don’t even know your name,” Kleffner said. “I never said I wanted to be mayor.”
“I think this is a little too personal between you two,” Wieberg said, referring to Massman and Kleffner.
“The thing is, most of it is stupid and petty,” Kleffner said. “Maybe in two years, I will want to be the mayor.”
With that last comment, the remaining citizens left City Hall.
“Thank you for trying to curtail some of the bashing,” Massman said to Alderman Schmitz.
“They called you everything in the book,” Schmitz said.
“No matter what was said they weren’t going to stop,” Alderman Heckman said.