A PUBLIC HEARING AND RESOLUTION TO CONSIDER APPROVING A CONDITIONAL USE PERMIT– THE EXERCISE COACH (FITNESS/PERSONAL TRAINING STUDIO) 8500 MARYLAND AVENUE – 1ST FLOOR

Mayor Sanger opened the public hearing and requested proof of publication. City Manager reported that this is a public hearing to consider approving a Conditional Use Permit to allow the operation of a personal training facility at 8500 Maryland Avenue. On May 12, 2015, the Board of Aldermen approved a Planned Unit Development for the construction of a 273,500 square foot (including 4,526-square-feet of ground floor retail use), five-story building located on top of a two-level, partially below grade parking structure. The building, known as Vanguard Clayton, is currently under construction. On June 30, 2016, Don Eisenberg, owner/operator of Eisenberg Training, LLC, submitted an application for a Conditional Use Permit to allow the operation of a 1,457-square-foot personal training/fitness center to be known as The Exercise Coach at the northeast corner of the ground floor of the building fronting Maryland Avenue. The business will offer indoor, one-on-one and small group personal training. The maximum number of clients at one time typically does not exceed five. In addition to personal training services, the business will sell fitness-related products such as health and nutrition guides, vitamin supplements, energy bars and clothing, thereby satisfying the requirement for first floor retail in the Planned Unit Development. The proposed hours of operation are 6:00 a.m. to 8:00 p.m. Monday through Friday, and 7:00 a.m. to 1:00 p.m. on Saturday.

The proposed hours of operation are 6:00 a.m. to 8:00 p.m. Monday through Friday, and 7:00 a.m. to 1:00 p.m. on Saturday. The Plan Commission considered this request at their July 18, 2016, meeting and voted unanimously to recommend approval under the condition that all activity associated with the business take place inside the building. Recommendation is to conduct a public hearing and approve a Conditional Use Permit pursuant to the conditions contained in the Resolution. Don Eisenberg, owner, addressed the Board stating that he is very excited to be in Clayton. He has two other locations, Webster Groves and Town and Country and has been in business for about 16 years.

Calendar year 2016 is not a reassessment year. The City is allowed to receive additional revenue up to the Consumer Price Index (CPI) which was only 0.7% for this year, and for the value of new construction which was up this year. The property tax levy process is somewhat complex in that as assessments increase the City is not allowed to gain any more revenue. Therefore the maximum tax rates we are allowed to levy actually lower or “roll back” to generate no more revenue than the past year. The only ability to gain revenue is through growth in the CPI, new construction, and through recoupment of taxes from successful protests that have been resolved in the past year. The City is addressing the recoupment process this year due to the significant revenue lost through successful protests over the past few years. In each year, the City is allowed to “recoup” the lost revenue which was due to assessed valuation reduction through the protests adjudicated by the Missouri State Tax Commission. The City is allowed to increase the levies to generate the revenue lost in the last year only. The Clayton School District has used this recoupment process for several years. This recoupment process is the only method for the City to receive the amount of taxes that has been refunded to property owners in the last year through the protest process.

The Clayton School District has used this recoupment process for several years. This recoupment process is the only method for the City to receive the amount of taxes that has been refunded to property owners in the last year through the protest process. Thus the City’s maximum levies this year are projected to generate the amount of revenue from the previous year, plus CPI and revenue related to new construction, plus the recoupment process we are incorporating this year. These levies as presented are subject to change by the Board of Equalization and through the Missouri State Auditor’s certification process, therefore there is the potential for them to change slightly when they are presented to the Board for final passage. In response to Mayor Sanger’s question if someone is successful in getting a property tax reduction than that reduction is spread across the city to everyone else as in increase to make up for that loss. Ms. Watson confirmed, yes. In response to Alderman Boulton’s question, Ms. Watson also confirmed that this would be the first time that the City will go through the recoupment process and added that the City has had a significant loss (tax) in the last three years. In response to Alderman Lintz’ question, Ms. Watson stated that the City could recoup approximately $450,000, which the numbers could change pending the State auditor’s review.