Alderman Boulton seconded. City Attorney Karr reads Bill No. 6629, an ordinance amending the Fiscal Year 2017 Budget and Appropriating Funds Pursuant Thereto for the second time by title only. The motion passed on a roll call vote: Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger– Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6497 of the City of Clayton. AN ORDINANCE TO CONSIDER APPROVING A PAYMENT IN LIEU OF TAXES (PILOT) AGREEMENT WITH CONCORDIA SEMINARY FOR PUBLIC SAFETY SERVICES

UPDATE ON THE STATUS OF ONGOING PROJECTS (CRAIGSLIST)

City Manager Owens reported that the most recent agreement will expire on September 30, 2017, and a new agreement has been negotiated. The proposed agreement is for a one-year period, with the provision for automatic renewals for up to four (4) additional one-year extensions. The agreement includes a sixty-day notice provision if the PILOT is not to be renewed. Highlights of the new agreement include:

• It is retroactive to the expiration date of the current agreement.

• The annual fee for FY18 will be $43,094 with a flat three percent (3%) escalator every year, this rate is in-line with current projections for cost of services and, should

09-12-17 BOA Minutes September 12, 2017 Page 13 of 16 conditions significantly change, the contract has provisions for renegotiation of the terms.

• The provision has been retained allowing a reduction in the base fee if the Seminary makes improvements to its “life safety” equipment or systems at the Seminary. Twenty percent (20%) of the expenditures may be credited toward the annual fee, up to a maximum of fifty percent (50%) of the annual fee amount. This provision gives an incentive to the Seminary to continue to make major life safety improvements to the campus. This provision has encouraged the Seminary to make significant investments in Life Safety during the last contract. Staff feels this is an innovative approach to help promote public safety and strengthen our partnership with the Seminary on an important issue of mutual interest. Recommendation is to approve the ordinance authorizing the new PILOT fee agreement. Alderman Winings introduced Bill No. 6630, an ordinance to consider Payment In Lieu of Taxes agreement with Concordia Seminary to be read for the first time by title only. Alderman Boulton seconded. City Attorney Karr reads Bill No. 6630, an ordinance Authorizing the City Manager To Execute an Agreement with Concordia Seminary for Fire Protection, Ambulance and Police Services for the Property at 801 Seminary Place for the first time by title only. The motion passed unanimously by a voice vote. Alderman Winings moved that the Board give unanimous consent to consideration for adoption of Bill No. 6630 on the day of its introduction. Alderman Boulton seconded.

09-12-17 BOA Minutes September 12, 2017 Page 14 of 16 Alderman Boulton reported that the Plan Commission/ARB has had busy agendas; reviewing a lot of projects.

Alderman Berger reported on the following: • St. Louis Art Fair – unbelievable! • Uptown Magazine has a feature article on Clayton.

Alderman Harris reported on the following: • East Central Dispatch Center (ECDC) - toured. • Hurricane relief – Chief Mercuro added that Chief Thorp and Kathy Brooks-Maness was deployed to Dallas;

Mayor Sanger reported on the following: • Art Fair – phenominal! • Missouri History Museum event • Fontbonne Cathedrial Concert event • Ribbon Cutting at 212 S. Meramec • Stair climb event – record # of climbers

There being no further business the meeting was adjourned at 10:30 p.m.

____________________________

Mayor

ATTEST:

____________________________ City Clerk

Alderman Harris reported on the following: • East Central Dispatch Center (ECDC) - toured. • Hurricane relief – Chief Mercuro added that Chief Thorp and Kathy Brooks-Maness was deployed to Dallas;

Mayor Sanger reported on the following: • Art Fair – phenominal! • Missouri History Museum event • Fontbonne Cathedrial Concert event • Ribbon Cutting at 212 S. Meramec • Stair climb event – record # of climbers

There being no further business the meeting was adjourned at 10:30 p.m.

____________________________

Mayor

ATTEST:

____________________________ City Clerk

09-12-17 BOA Minutes September 12, 2017 Page 15 of 16 Attachment 1 BOA Memo – Susan Istenes

The purpose of the Clayton Zoning Ordinance is to promote and protect the public health, safety and general welfare of the City’s residents and visitors by protecting the quality of the environment from nuisances associated with certain uses and protecting residential, commercial and industrial areas from harmful encroachment by incompatible uses. The Planning Director is responsible for the administrative functions of applying and enforcing the provisions of the Zoning Regulations. The Planning Director along with the staff make decisions daily in the act of enforcing and applying the Zoning Regulations.

If a person is considering undertaking a particular land use, it is important that they know whether or not that would be allowed by the Zoning Regulations. Zoning ordinance interpretation, like interpreting any legislation can be tricky. Ordinances may be imprecise, development continually evolves and terms are not always clear. Reasonable minds may disagree over the correct interpretation and application of the provisions of the ordinance. When deciphering legislation there may not be a clear answer. There may be multiple reasonable interpretations, but the job for the Director is to consider the ordinance text, use their knowledge, education and experience and make the best interpretation possible. The land use proposal (as described by the applicant) was for a mix of the following uses:

Early Childhood Development Center Centene Corporation intends to operate a Preschool and Child Care Program for Centene Corporation employees only. The Children’s Center is fully licensed by the State of Missouri under Child Care Regulations and Accredited by the National Association of the Education for Young Children. The Center will offer a terrific variety of programs geared towards the development and education of infants, toddlers, preschoolers and prep for kindergarteners. The hours of operation will be approximately 6:30am – 6:30pm, with the capacity to accommodate up to 130 children plus staff. Children will range in age from 6 weeks through 6 years of age, with classrooms and learning rooms for the different age groups including a small kitchen and indoor play room as well as wonderful outdoor secure play area.

Centene University Centene University brings together Centene's leadership from around the country for education, leadership development and collaboration. The facility will be staffed by a permanent team of 1 to 5 people, with up to 20 working there daily providing training, food service and other services. Executive courses and other operations would occur daily Monday through Friday. While classes would typically run from 8 AM to 5 PM, there will often be breakfasts served as early as 7:30 AM, and occasionally there may be dinners served on site from the hours of 6 PM to about 9 PM. While most of the staff will drive to the facility, Centene University attendees will typically be coming from out of state, and will be shuttled in from local hotels. Shuttle traffic would not go north of Maryland Avenue.

To critical question is: Are the proposed uses (listed above) allowable in the R2 zoning district? To address the question, it is necessary to look at the definitions and regulations listed in the Zoning Regulations. The day care/nursery use as described is clearly listed as an allowable use provided a Conditional Use Permit is obtained. The self-described “Centene University” is, on its face, is an unlisted use, hence the need for interpretation. Unlisted uses are generally compared to the most nearly listed similar use with the following factors to be considered: Type, characteristics, density and intensity of development, environmental effects, and the anticipated amount of traffic, noise, light, vibration, odor, and other impacts on neighbors and the community. Is there adequate parking? Is there an appropriate buffer for nearby residences? Can the site handle the anticipated traffic? Is this the right location for this type of use? A land