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.

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. The motion passed unanimously by a voice vote. Alderman Winings introduced Bill No. 6630, an ordinance to consider Payment In Lieu of Taxes agreement with Concordia Seminary to be read for the second 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 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. 6498 of the City of Clayton. Other

Alderman Winings reported on the following: • Parks & Recreation Commission o Anderson Dog park is near capacity with approximately 300 dogs; future discussion is to possibly increase that number; the MSD project will disrupt the park for approximately 2 – 2.5 years; unknown at this time when the work will begin; the Parks Department receives the largest amount of calls with regard to the dog park. o Chapman Plaza Grand Opening is scheduled October 4. o The Commission discussed Option B of the Ice Rink.

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

Is this the right location for this type of use? A land

09-12-17 BOA Minutes September 12, 2017 Page 16 of 16 use regulatory decision focuses on the impacts of the use; not the identity of the owners or users of the property. When interpreting an ordinance, you must determine and give effect to the intent of the governing board. The best way to determine that intent is from the ordinance text. When the provisions of the ordinance are clear and unambiguous, such as the proposed daycare use, those provisions must be applied as written. However, corporate teaching facilities and colleges and universities are not specifically defined in the Clayton ordinance and in this case, the applicant’s description of the Centene University use provides a different context to evaluate in order to determine if it can be classified as a type of educational facility, as intended by the Code, thus allowed in the district. When a term (in this case college/university) is not defined in the Code, staff also consults the dictionary or other professional resources. In this case, staff consulted the North American Industry Classification System (NAICS), which is used by government agencies to classify industry areas and is a common reference for land use classification in zoning ordinances. It was staff’s opinion that NAICS places the applicant’s described land use in Sector 61 – Educational Services. A sector which comprises establishments that provide instruction and training in a wide variety of subjects. This instruction and training is provided by specialized establishments, such as schools, colleges, universities and training centers. They may be private, for profit or not for profit; and may be publicly owned and operated. Educational services are usually delivered by teachers or instructors that explain, tell, demonstrate, supervise and direct learning which is imparted in diverse settings or by diverse means. Given the strong association between the proposed use and the uses and characteristics set forth in the NAICS classification, staff was of the opinion that the proposed corporate university and the general land use category of university/college could be classified together. Finally, the R2 district also allows for non-residential land uses which provide services to the residential district on a conditional use permit basis. The zoning district accommodates a broad range of public and private educational facilities. The impacts of the proposed use were determined by staff to be potentially less than those associated with well-known universities, such as Washington University or Fontbonne University. In addition to classroom instruction, these universities also offer multiple family residential housing, day and evening classes, and recreational and sports related facilities. Given the limited facilities and hours of operation of the proposed use, it was determined that it would be less impactful to neighboring properties and would not be contrary to the stated purpose of the district.

In summary, given the factual characteristics of the “Centene University” and its operational impacts, it is the Director’s opinion that it can be classified and treated them same as the most nearly similar use, that being colleges and universities, therefore, the proposed use is allowable in the R2 zoning district, provided a Conditional Use Permit is obtained.