Council Approves Glamping Site and Tattoo Studio, Amends Firefighter Pay Policies

Proclamation – Knights of Columbus Tootsie Roll Drive

Mayor Mark Spohn issued a proclamation recognizing the upcoming Knights of Columbus 52nd Annual Tootsie Roll Drive. The proclamation, presented to Brent Gerling, highlighted the organization’s longstanding commitment to supporting individuals with mental challenges through charitable efforts. The Knights of Columbus was praised for supporting diagnostic and therapeutic services and the local agencies that assist these individuals.

Proclamation – National Code Compliance Month

Mayor Mark Spohn issued a proclamation recognizing October 2024 as National Code Compliance Month. The proclamation emphasized the vital role Code Compliance Officers play in maintaining the health, safety, and welfare of the community by enforcing property maintenance, zoning, and building regulations. These efforts contribute to clean and vibrant neighborhoods, enhancing the quality of life for all residents. Mayor Spohn praised the officers for their commitment to public safety, property preservation, and environmental stewardship, urging citizens to recognize their contributions throughout the month. Trish Guarino, the code enforcement officer for the City of Excelsior Springs, accepted the proclamation.

Special Use Permit for the Operation of a Short-Term Rental at 205 S Kansas City Ave.

A special Use Permit for the operation of a short-term rental at 205 S. Kansas City Ave. was unanimously approved. The property is currently being used as a long-term rental. Owners Pete and Veronica Meeks requested the permit to convert it into a short-term rental, such as an Airbnb or VRBO.

Although the site lacks the required off-street parking spaces for such rentals, the council determined that the parking demand would not significantly differ from its current use, which relies on on-street parking. City staff found the proposed short-term rental to be compatible with the surrounding area and recommended an initial time limit for review after a couple of years of operation to ensure ongoing compliance and safety.

Special Use Permit for the Operation of a Tattooing Establishment at 463 S Thompson Ave.

a Special Use Permit for the operation of a tattoo establishment at 463 S. Thompson Ave. was unanimously approved. The property, located within the Historic Hall of Waters District, was previously occupied by Holistic Springs Herb Company.

Applicant Bethany Harvey sought the permit to convert the retail space into a tattoo studio she is calling Glasshouse Tattoo, as required by zoning regulations for such establishments in C-2 and C-3 districts. City staff recommended approval of the permit for an initial two-year period, with eligibility for renewal. They found the proposed use compatible with surrounding properties and unlikely to cause concerns for public health or safety.

Vacation of Right of Ways, Preliminary/Final Plat Approval, and Special Use Permit for the Operation of Camping Facilities at Lookout & Haynes Streets

Three related applications for the development of a new “glamping” facility at Lookout and Haynes Streets were unanimously approved. The proposals, submitted by Harmony Brown, included the vacation of right-of-ways, preliminary and final plat approval, and a Special Use Permit for the operation of camping facilities.

The vacation of right-of-ways allows for the dissolution of several neglected alleyways on the property, clearing the way for development. The approved plat combines multiple undeveloped lots into one, making the property suitable for the planned glamping site. The special use permit enables the operation of the enhanced camping facility in an R-2 Two-Family Residential District.

The proposed development includes 12 camping sites, a residence/office, a store, a bathhouse, a fire pit, a play area, and a walking path. City staff recommended an initial two-year permit to allow for a review of the facility’s impact on the neighborhood. The council agreed that the project would be compatible with the surrounding area and would not pose a risk to public health or safety.

Easement Vacation Along Vintage Drive, Vintage Plaza Lot 15A

the council unanimously approved Ordinance No. 24-10-06, which vacates a ten-foot sanitary sewer easement along Vintage Drive in Vintage Plaza Lot 15A. The easement had been dedicated initially to accommodate a development proposal that never materialized.

The applicant is now re-subdividing Lot 15A into two lots, both of which will have access to public water and sewer services. City staff determined that the sanitary sewer easement is no longer necessary for current or future city infrastructure needs. With no public utilities present or planned within the easement, staff recommended approval of the vacation, which the council supported.

Some indications have been made that this site may be the location of a new Department of Veterans Affairs (VA) Clinic.

Application by the City to Amend Chapter 400.130 “R-4” Medium Density Residential District in the Zoning Regulations Pertaining to Multi-Family Residential Housing of the City Code

Planning Consultant Doug Hermes presented an amendment to Chapter 400 “R-4” Medium Density Residential District in the city’s zoning regulations. The amendment, prompted by an oversight during the 2022 Code Review Process, was introduced to reestablish permitted uses that had been unintentionally deleted from the “R-4” district.

The issue stemmed from the removal of single-family and two-family dwellings as permitted uses in the “R-4” district. The proposed amendment seeks to correct this by reinstating those uses and modifying requirements for medium-density apartment buildings, which no longer need to be part of a planned district. The intent of the zoning changes is to preserve areas designated for higher-density residential development, supporting the city’s Comprehensive Plan for balanced land use.

City staff recommended approval, noting that the correction aligns with the original intent of both the Planning and Zoning Commission and the City Council.

Amendments to the Personnel Policies of the City of Excelsior Springs

The council approved Ordinance No. 24-10-08, with one no vote from Councilman John McGovern.The ordinance adopts amendments to the City Personnel Policies. According to City Manager Molly McGovern, the changes were designed to clarify the structure of compensation, particularly for employees in the Fire Department.

The amendments include specific updates to overtime calculations for firefighters and assistant chiefs assigned to 24-hour shifts. These changes clarify how overtime is calculated under the Fair Labor Standards Act (FLSA), specifically under Section 7(k), which governs pay structures for public safety employees.

Details on Overtime Calculation Changes:

Work Period
For firefighters and assistant chiefs, the standard work period is a 10-day cycle. Employees work on a 24-hour shift, followed by 48 hours off. Over this 10-day cycle, they are typically scheduled for 76 hours of work, including training and any call-back hours.

Overtime Threshold
According to the FLSA, employees can work up to 76 hours in a 10-day period before overtime pay applies. Any hours worked beyond this threshold are eligible for overtime compensation at time and a half their regular pay rate.

Firefighters
For regular firefighters, overtime is calculated based on a total of 1,902 hours worked annually (36.5 work periods per year). The annual salary is divided by 1,902 hours to establish the regular rate of pay, which is then multiplied by 1.5 to calculate the overtime rate. This formula accounts for “sleep time,” but “sleep time” is still compensated.

Assistant Chiefs
For Assistant Chiefs working 24-hour shifts, a separate calculation applies. Their work year is based on 2,920 hours (365 days divided by three shifts). Similar to firefighters, their annual salary is divided by this figure to determine their regular rate of pay. Overtime is paid at time and a half for any hours worked over 76 in a 10-day period.

Call-back Pay
Call-back hours worked prior to reaching 76 hours in the 10-day period are paid at the regular rate of pay. However, these hours do not count toward overtime unless the 76-hour threshold is exceeded within that period.

Visitor’s Forum

Early in the council meeting, during the visitors’ forum, Miranda Jamison, who identified herself as an employee of the Excelsior Springs Standard, approached the podium and read a prepared statement chastising the council regarding the proposed pay scale adjustments, specifically questioning whether the changes would result in a “pay cut” for fire department personnel in terms of holiday pay and overtime. She stated, “I was wondering if the city is concerned about potentially losing decades of experience to save $50,000 in overtime from a budget of $3 million when the fire department also brought in over a hundred, I’m sorry, over a million dollars in revenue this past fiscal year.”

Wage negotiations between cities and public servants, such as firefighters, are typically managed through formal processes and unions. It is highly unusual for reporters to inject themselves into such discussions, going beyond their role as observers and communicators of facts. Jamison’s comments received no response from the council during the public forum, likely due to the sensitive and potentially contentious nature of the negotiations.