September 12, 2017 — Meeting Minutes

09-12-17 BOA Minutes September 12, 2017 Page 1 of 16 THE CITY OF CLAYTON Board of Aldermen City Hall – 10 N. Bemiston Avenue September 12, 2017 7:00 p.m.

Minutes

Mayor Sanger called the meeting to order and requested a roll call. The following individuals were in attendance:

Aldermen: Mark Winings, Joanne Boulton, Alex Berger, Rich Lintz, Ira Berkowitz, and Michelle Harris

Mayor Sanger City Manager Owens City Attorney Karr

Alderman Berger moved to approve the August 22, 2017 minutes. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

PUBLIC REQUESTS AND PETITIONS

Mayor Sanger announced that former City Manager Clifford James (1965-1976) recently passed away. The Board of Aldermen had recognized Mr. James with a Proclamation in May 2017.

A PUBLIC HEARING AND A RESOLUTION TO CONSIDER APPROVING A CONDITIONAL USE PERMIT FOR 8020 FORSYTH BOULEVARD (MIDWEST BANK CENTRE)

Mayor Sanger opened the public hearing and requested proof of publication.

City Manager Owens reported that this is a public hearing to consider an application for a Conditional Use Permit submitted by Lisa Bulczak, representing Midwest Bank Centre, business owner/tenant, for the operation of a drive-through facility on the subject site.

The current drive-through is an existing legal non-conforming use and operates without a Conditional Use Permit. Midwest Bank Centre is proposing some renovations that include the drive-through area. The proposed changes will not significantly alter the current function or operation of the drive-through; however, alterations cause the drive-through to lose its legal non- conforming status and therefore, Midwest Bank Centre must obtain a Conditional Use Permit to bring the drive-through into compliance.

The renovations to the existing drive-through include reducing the number of lanes from four to three, to include two 13-foot wide drive-through lanes and an 8-foot wide bypass lane. One drive- through lane will provide access to an existing ATM and the other drive-through lane will connect to a teller station serviced from inside the bank.

The drive-through will operate during normal bank hours, Monday through Friday, 8:00 a.m. to 5:00 p.m. The ATM will be accessible 24 hours/day. There are no existing traffic or access issues in relation to the current drive-through. The proposed drive-through will not alter the existing traffic patterns on the site. Stacking lanes are straight with minimal curves, and an escape/bypass lane is provided. The traffic impacts

09-12-17 BOA Minutes September 12, 2017 Page 2 of 16 associated with the drive-through itself are minimal and there is adequate stacking distance to prevent cars from backing up on Forsyth Boulevard. The City’s Off-Street Parking and Loading Regulations require establishments with two or more drive-through windows or lanes to provide a minimum of five stacked parking spaces per window (in this case, two drive-through lanes are proposed, and therefore 10 stacked spaces are required). The proposed drive-through has space for approximately 14 stacked parking spaces. Lighting for the drive-through is provided on the ceiling. No additional light poles are proposed. Cars using the drive-through or in line for the drive-through will be facing toward the alley. The Plan Commission, at its August 7, 2017 meeting, considered the request for the Conditional Use Permit and voted unanimously to recommend approval to the Board of Aldermen. Staff recommendation is to approve a Conditional Use Permit for Midwest Bank Centre to allow the operation of a drive-through facility, pursuant to the stipulations and conditions listed in the attached resolution.

Lisa Bulczak, representative of Midwest Bank, addressed the Board explaining that the request resulted from the desire to move the teller inside of the bank for safety reasons.

Mayor Sanger closed the public hearing.

Alderman Winings moved to approve Resolution No. 17-16, a Conditional Use Permit for Midwest Bank Centre located at 8020 Forsyth Boulevard. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

A PUBLIC HEARING AND RESOLUTION TO CONSIDER APPROVING A CONDITIONAL USE PERMIT FOR PEEL WOOD FIRED PIZZA LOCATED AT 212 SOUTH MERAMEC AVENUE

Mayor Sanger opened the public hearing and requested proof of publication.

This is a public hearing to consider an application for a Conditional Use Permit submitted by Brandon Case and Patrick Thirion, business owners, to allow the operation of a 7,455 square- foot, 199 seat restaurant, to be known as Peel Wood Fired Pizza on the first floor of the newly constructed building.

The applicants describe the character of the restaurant as “a full-service restaurant with an emphasis on wood fired pizza and a high-end atmosphere that is family friendly.” Proposed hours of operation are 11:00 a.m. to 10:00 p.m. Monday through Thursday, 11:00 a.m. to 12:00 a.m. Friday and Saturday, and 11:00 a.m. to 8 p.m. on Sunday. Delivery service from the restaurant is not proposed. Deliveries to the restaurant will be made between 7:00 a.m. and 11:00 a.m. to the loading area located at the rear of the building and accessed from the east-west alley off of South Meramec Avenue. Trash will be stored in dumpsters located at the rear of the building. The applicant intends to participate in a recycling program. The applicant was unable to secure on-site parking spaces. Public parking is available on South Meramec and in nearby public garages. With regard to parking, because the restaurant is greater than 3,000-square-feet, the City’s parking regulations require off-street parking at a rate of 3 parking spaces for every 5 seats on a pro-rated basis for square footage in excess of 3,000. Based on the 7,455-square-foot restaurant with 199 seats, 71 parking spaces are required. The applicant is requesting approval of a parking waiver.

09-12-17 BOA Minutes September 12, 2017 Page 3 of 16 The subject property is in a Transit Oriented Development Zoning District; the mixed-use building in which this proposed restaurant is located was approved through the Planned Unit Development process with reduced on-site parking due to its proximity to public transportation and the results of a parking study. The property owner has chosen to preserve the parking spaces in the on-site garage for apartment tenants and not to provide the restaurant with dedicated parking spaces. Public street parking is provided along North Central Avenue and there are multiple public parking lots in close proximity to the site. The site is also located within walking distance of the Clayton MetroLink stop. The Plan Commission considered this request at their meeting of August 28, 2017, and voted unanimously to recommend approval of the use and the parking waiver to the Board of Aldermen with the condition that there be no outdoor music or speakers to amplify music or similar audio. Staff recommendation is to approve a Conditional Use Permit for the operation of Peel Wood Fired Pizza at 212 S. Meramec Avenue per the conditions outlined in the Resolution.

In response to the Board’s questions, Brandon Case and Patrick Thirion, owners, addressed the Board stating that they plan to open in mid-year of 2018.

Mayor Sanger closed the public hearing.

Alderman Winings moved to approve Resolution No. 17-17, a Conditional Use Permit for Peel Wood Fired Pizza located at 212 S. Meramec Avenue. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

A PUBLIC HEARING AND A RESOLUTION TO CONSIDER APPROVING A CONDITIONAL USE PERMIT FOR 7501 MARYLAND AVENUE; 7500, 7504, 7508, 7512, 7516 & 7520 WESTMORELAND AVENUE FOR A DAYCARE AND A CORPORATE EDUCATION FACILITY (CENTENE UNIVERSITY)

Mayor Sanger opened the public hearing and requested proof of publication.

Alderman Winings recused himself from the meeting.

City Manager Owens reported that This is a request for a Conditional Use Permit to allow the operation of a daycare and a corporate education facility, Centene University. The subject site is located on the west side of Jackson Avenue between Maryland Avenue and Westmoreland Avenue. The property has a zoning designation of R-2 Single Family Dwelling District. Daycare facilities and colleges or universities are conditionally permitted uses in the R-2 Zoning District. The 2.8-acre site currently contains a vacant building, surface parking lot and greenspace. The proposed total square footage of the building, after renovation, is 59,335 square feet. The early childhood development center, for use by Centene employees, will provide programs for infants through pre-kindergarten and have capacity for approximately 130 children plus staff. The early childhood center will occupy the first floor of the building or approximately 20,450 square feet and will operate from 6:30 a.m. until 6:30 p.m. The corporate education use, Centene University, will provide education, leadership development and collaboration programs to Centene employees. Centene University will have a staff of 1 to 5 people daily with up to 20 additional staff members for special events. Typical hours of operation are proposed from 8:00 a.m. until 5:00 p.m.; however, some trainings may begin at 7:30 a.m. with dinners from 6:00 p.m. until 9:00 p.m. Centene University will occupy approximately 36,750 square feet of the building. The remaining square footage of the building will be used for circulation, storage and mechanical equipment. Parking for the building is provided in the surface parking lot with access from Maryland Avenue. The surface parking lot provides 90 spaces. Per the Zoning Code, 12 on-site parking spaces

09-12-17 BOA Minutes September 12, 2017 Page 4 of 16 should be provided for the early childhood education center based on the rate of one parking space per classroom. For Centene University, 92 on-site parking spaces should be provided based on the rate of one parking spaces per 400 gross square feet for a total of 104 required spaces. Shuttle service to and from the site will be provided by Centene to attendees of the University.

The Plan Commission considered this request at their meeting of August 28, 2017. At the meeting, area residents aired concerns regarding parking, vehicular access, green space, the university use and the location of the trash and service alley. The Plan Commission voted to recommend approval of the conditional use permit to the Board of Aldermen with several conditions, including those recommended by staff and additional conditions that addressed most of the neighborhood concerns. The following conditions of approval were recommended by the Plan Commission:

1. The applicant shall consolidate the seven subject lots into one lot prior to the issuing of any building permits.

2. Screen walls, subject to approval by the Architectural Review Board, shall be installed and maintained along property lines shared with single family residential homes.

3. A minimum 10-foot-wide landscaped buffer shall be maintained from the east property line along Jackson Avenue.

4. A minimum 25-foot-wide landscaped buffer shall be maintained along Maryland Avenue between the public right-of-way and any surface parking.

5. A landscaped buffer a minimum depth of the front yard setback shall be maintained along Westmoreland Avenue. The front yard setback shall be the average existing front yard setback as determined by a block face study performed by the applicant.

6. A landscaped berm shall be installed and maintained between any expanded surface parking area and the public right of way, at a height to shield car headlights.

7. Landscape buffers must be maintained per an approved landscape plan. The detailed landscape plan shall be reviewed and approved by the Plan Commission – Architectural Review Board at the time of site plan-architectural review to ensure adequate buffering of the use.

8. No drive curb cuts are permitted along Westmoreland Avenue.

9. Shuttle traffic shall not be permitted north of Maryland Avenue.

10. Reduce the number of on-site parking spaces (based on site plan that depicted 99 on-site spaces as presented at the August 28, 2017, PC Meeting), which will result in additional on- site greenspace.

11. Exterior lights shall be directed/shielded so as not to spill light onto adjacent properties.

12. Relocate current site access curb-cut from Jackson Avenue to Maryland Avenue.

13. Re-orient internal site circulation to accommodate stacking due to curb-cut relocation.

14. Relocate/reconfigure loading dock/service area away from residential properties.

15. Provide greenspace area for public use during non-business hours (evenings & weekends).

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On September 5, 2017, the applicant submitted a revised site plan to staff based on the Plan Commission recommendations of August 28, 2017.

The following table outlines the differences between the site plan submitted for the Plan Commission meeting and the site plan submitted for the Board of Alderman meeting:

August 28th site plan September 5th site plan Parking spaces provided 99 90 Jackson Avenue curb cut No access restrictions Limited to right-out only Maryland Avenue parking lot access None One curb cut for both ingress and egress Service vehicle access (deliveries and trash) Access off of Maryland Avenue to dock located on west side of building Access off of surface parking lot to dock located at northeast corner of building Northwest corner of property along Westmoreland Avenue Shown as unimproved greenspace Potential location of bio- retention area and play area for daycare

Staff completed a review of the revised site plan submitted by the applicant on September 5, 2017, to evaluate the proposed site plan against the conditions recommended by the Plan Commission. The following commentary outlines staff’s review of the revised plans in relation to the major concerns of neighboring residents:

Parking. At the Plan Commission meeting, residents voiced a concern that the City’s parking regulations were leading to more surface parking on-site than the proposed use would require. Residents felt that parking requirements based on projected needs, rather than on the square footage, would be dramatically lower based on the activity level stated by the applicant and the shuttle service the applicant intends to provide. Staff and the Plan Commission concur that the amount of parking could be reduced and could be left as pervious green space to reduce the storm water runoff and preserve open space. The revised site plan reduces the number of on- site parking spaces to 90. Section 405.3620(A)(18) of the City Code authorizes the Board of Aldermen to modify the number of parking spaces required in conjunction with a conditional use permit if conditions warrant variance from the standard code requirements. Due to the nature of the use, patrons of the facility and the provided shuttle service, staff supports the reduction of parking. Staff cautions that without a formal parking study, further reduction of on-site parking could result in under-parking the site and overflow parking infiltrating surrounding residential streets.

Vehicular access. At the Plan Commission meeting, residents voiced concern that the originally proposed access point to the parking lot along Jackson would cause vehicles to stack while users of the site wait to take a left turn into the site. To address this concern, the Plan Commission added a condition of approval that the proposed access point on Jackson Avenue be relocated to Maryland Avenue. The revised site plan relocates the parking lot entrance and exit from Jackson Avenue to Maryland Avenue with a right-out only curb cut on Jackson Avenue to accommodate service vehicle circulation. Staff believes the revised site plan addresses the residents’ concerns and the Plan Commission’s recommended condition of approval.

University use. At the Plan Commission meeting, some residents voiced a belief that the proposed use is incorrectly classified as a University. Staff provided a verbal analysis as to why the proposed use fits into similar land use categories that are allowable provided a conditional use permit was obtained.

09-12-17 BOA Minutes September 12, 2017 Page 6 of 16 Location of trash and service alley: At the Plan Commission meeting, residents voiced concern over the proposed location of the trash and service alley and requested that it be relocated away from the residential areas to the west. To address this concern and reduce potential negative impacts to adjacent properties, the Plan Commission added a recommended condition of approval that the service area be relocated away from residential properties. The revised site plan relocates the service area to the approximate existing location of the trash dumpsters with access provided through the parking lot. Staff believes that the revised site plan addresses the residents’ concerns and the Plan Commission’s recommended condition of approval.

Based on review of the revised site plan received by staff on September 5, 2017, staff recommends approval of the conditional use permit with the following conditions:

1. The applicant shall consolidate the seven subject lots into one lot prior to the issuing of any building permits.

2. Screen walls, subject to approval by the Architectural Review Board, shall be installed and maintained along property lines shared with single family residential homes.

3. A minimum 10-foot-wide landscaped buffer shall be maintained from the east property line along Jackson Avenue.

4. A minimum 25-foot-wide landscaped buffer shall be maintained along Maryland Avenue between the public right-of-way and any surface parking.

6. A landscaped berm shall be installed and maintained between any expanded surface parking area and the public right of way, at a height to shield car headlights as approved by the Planning Director.

8. No curb cuts are permitted along Westmoreland Avenue.

9. Shuttle service to transport attendees of the University to and from the site will be provided and maintained by the Permittee whenever the University facility is in use. Shuttle traffic shall not be permitted north of Maryland Avenue.

10. The surface parking lot shall provide 90 parking spaces.

11. Exterior lights shall be directed/shielded so as not to spill light onto adjacent properties.

12. One curb cut, limited to right-out only access, is permitted along Jackson Avenue and shall be located as shown on the site plan dated September 5, 2017.

13. Internal site circulation to accommodate stacking shall be maintained per the site plan dated September 5, 2017.

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The loading and dumpster area shall be located as shown on the site plan dated September 5, 2017.

Susan Istenes addressed the Board explaining in summary the processes when a request is received for land uses and how it relates to the applicant’s request for a Conditional Use Permit. She had provided the Board with a summary memo (attached) prior to the meeting.

Susan Istenes explained that staff makes determinations regarding use and one tool that they use is the North American Industry Classification System (NAICS) which lists every possible use and categorizes them. In this such case, it is compatible (Sector 61-Educational Services) to a university. She compared other corporate businesses that hold employee training within their offices.

She said that they look for operational aspects and if they are highly characteristic of land use that is listed as permitted; impacts/activities associated with the proposed use and how do they fit into the neighborhood given the context of the surrounding neighborhood (i.e. single-family).

She noted that with interpretations and codes there can be a lot of opinions, but it is important to remember that they (Plan commission and staff) were asked if the proposed use as described by the applicant was allowable in the R2 Zoning District; the answer was yes.

Regarding whether a for-profit school is allowable Susan explained the process of the interactions with the applicants. She said that where there is a feature or a use that doesn’t fit neatly into any of the categories they ask for explanations in writing to help them better determine the fit.

Regarding the use for educational purposes and how to enforce that use, Susan explained that everything the applicant has submitted and proposed are all part of the record including site plans, architectural review, and conditional use permit and are all part of the record - all a part of determining what is going on at the property. If there were to be any deviations from that in the future, generally it is brought to the City’s attention voluntarily by the applicant requesting a change(s), or it may be brought to the City’s attention through a complaint. There are different “routes” to take to investigate and bring them into compliance.

Regarding the parking, Susan explained that normally they require a parking study to be used as the basis and usually applicants do not want to meet the minimum required code parking. In this case the proposed reduction of parking was so small, and the conditions of the operational aspects of the business are so few they felt comfortable in saying that 90 parking spaces maximum would be okay without a conditional use permit. As mentioned in the staff report it is notated that any further reduction would require a parking study.

Regarding the original number of 102 spaces, Anna Krane explained that based on the combined uses the Code outlines the daycare parking requirements based on classroom space. The nature of the proposed use (i.e. shuttled employees) allowed the City to use the four spaces per 400 square feet requirement. She noted that currently with the vacant building there is a substantial amount of cars parked along the street during business hours as well as being parked on the site parking lot by patrons not related to the use. She added that 12 spaces were required for the daycare.

Alderman Berger commented that the Code issue is one aspect and the comments made are from a practical point of view. The learning institute based upon the outline of the service group would not be parking on site. The activities at the early childhood center, other than various events, there will not be much parking.

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Regarding the previous use of the site, Anna stated that currently the lot is not striped and half of the site is a basketball court. Previous use was not utilized by students due to under driving age therefore spaces was based on the square footage of the classrooms.

Adjourned at 8:00 p.m. for 10 minute break; Reconvened at 8:10 p.m.

Lance Cage and Bob Powers of HOK, Bob Clark of Clayco, Bill Reichmuth and Bob Hardy of Centene and Bob Hardy of Centene presented the Board with a PowerPoint presentation (attached).

Regarding the entrance for student drop-off and also truck (delivery) use Mayor Sanger recommended eliminating two of the parking spots and moving the island forward in order to give sufficient room for the trucks to make a right-hand turn, continue up the right hand aisle and then back into the dock.

Lance Cage and Bob Clark commented that they do not see this as a problem because there would be no steady stream of trucks to the site.

Alderman Boulton added that a suggestion of limiting the allowable hours for trucks was mentioned at the Plan Commission meeting.

Regarding the “berm”, Lance Cage explained that Maryland Avenue is 10 to 12 feet below the first floor of the existing building level. Due to ADA requirements they are required to get participants on a relatively flat slope.

Susan Istenes noted that the items under consideration is parking, traffic circulation, ingress, egress, placement of land uses, hours of operation, and buffering.

In response to questions from the Board, Lance Cage stated that there would be 250 – 300 people that could possibly occupy the space; Mr. Cage reviewed the plans with regard to the playground, but said that the plans are conceptual; Jackson and Maryland Avenue entrances would be gated as shown on the plans; they have had discussions with MSD; there was no parking study performed.

Regarding parking spaces taken from the green space, Mr. Clark stated that they do not want to have a stacking issue and would like the parents to pull in, turn right and have enough room. Mr. Cage stated that there is about 43 spots, 85 spaces are needed total.

Alderman Berger commented that from experience people will park the car if they have a young child, they will not just “drop off.”

Alderman Berkowitz commented that this is different than MICDS.

Alderman Harris commented that she would like to have more space to mitigate the activities to that parking lot and what is being done on the Westmoreland side.

Jamie Raymond, 7545 Westmoreland, very excited about potential property use, but expressed concerns about reduction of greenspace for public use, and the use as a “university” in an R2 Zoning.

Jeff Morrissey, 7611 Maryland, expressed concerns about trying to fit a commercial use into a residential zone of R2; concerned about the loss of substantial trees; feels the plan has challenges.

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Julie Murphy, 7535 Westmoreland, read a statement on behalf of David LaGesse.

Scott Rosenblum, 7501 Westmoreland, expressed that the school has functioned for 80 years and the current parking has no concerns of parking; more concerned with the lack of impervious space and available greenspace for public use.

Mark Carlie, 7757 Davis Drive, commented that this is an outstanding use that is being proposed and which should be welcomed; he encourages approval of the resolution.

Kevin Williams, 7394 Westmoreland, requested that the Board consider clarifying the Jackson Avenue curb cut is restricted to trash pick-up and commercial deliveries only.

Joe Waggoner, 7390 Westmoreland, expressed that he is in support of the child care facility, but is concerned of the use for a training “university.” He feels that it does not belong in the R2 Zoning.

Hank Winkleman, 7405 Maryland, expressed concern about “who is protecting the public realm” on Westmoreland. He asks that there be a strong advocate for the neighboring residents.

Mel Disney, 7507 Westmoreland, expressed his opposition to the project.

Mr. Clark stated that he understands that there were controversies with prior development proposals of the property. They feel the current proposal is a great use of the property; working with a great team, a sponsor who is making a giant financial investment in the community, it is great for the School District, they are cleaning up a dilapidated building that has environmental problems, and returning it back into an appropriate use.

Regarding the public greenspace, Mr. Clark expressed that in discussions with Centene he doesn’t feel that it is appropriate to include in the conditional use permit.

Mayor Sanger commented that he believes that it would be illegal to request public space on private property per Article V of the Constitution.

Regarding definition of the use of “university” and staffing, Mr. Clark stated that Mr. Niedorf hired a leader specifically for this particular program for the training center. They are currently developing a world-class program.

Alderman Berkowitz expressed concern about paving the greenspace, once it is gone it will never come back.

Alderman Boulton expressed her concern about the greenspace and asked if there was any way that they could put in the parking needed, but maintain the greenspace.

Alderman Berger expressed his concerns about the questions/issues being asked with regard to parking, child care center, and greenspace; the decision before the Board tonight is the conditional use.

Alderman Harris expressed concerns about the layout of the plan and the options going forward; specifically, the elimination of greenspace and canopy trees on Maryland and the proposed level of impervious ground.

Mayor Sanger summarized his concerns about greenspace and possibly the lack of parking.

09-12-17 BOA Minutes September 12, 2017 Page 10 of 16 The Board discussed the list of conditions for the CUP.

Adjourned at 9:55 p.m.; Reconvened at 10:02 p.m.

Mayor Sanger closed the public hearing.

Alderman Boulton moved to approve Resolution No. 17-18, a Conditional Use Permit for 7501 Maryland Avenue, 7500, 7504, 7512, 7516, & 7520 Westmoreland Avenue with staff recommendations except eliminating #17. Provide greenspace area for public use during non- business hours (evenings & weekends) and add a condition, “The overall site shall contain no more than 55% of impervious coverage”. Alderman Berger seconded.

The motion passed on a role call vote: Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Nay; Alderman Harris – Aye; and Mayor Sanger – Aye.

Alderman Winings rejoined the meeting.

AN ORDINANCE SETTING THE TAX YEAR 2017 PROPERTY TAX LEVIES FOR FISCAL YEAR 2018 BUDGET (SECOND READING)

City Manager Owens reported that as part of the property tax levy process, the Board held a public hearing to seek public input on the proposed tax rates on August 22, 2017. The proposed calendar year 2017 property tax levy recommendations for Budget Year 2018. Recommendation is to amend and finally approve an ordinance setting the annual property tax rates for calendar year 2017 (Fiscal Year 2018).

Alderman Winings introduced Bill No. 6627, an ordinance to consider approving the property tax levies for Tax Year 2017 to be read for the second time by title only. Alderman Boulton seconded.

City Attorney Karr reads Bill No. 6627, an Ordinance Levying and Establishing the Rate of Annual Taxes for General Municipal Purposes; Police Building Debt Service; General Obligation Debt Service; and Special Business District Purposes to be Collected by the City of Clayton, Missouri, for the Year 2017 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. 6495 of the City of Clayton.

AN ORDINANCE TO CONSIDER THE PROPOSED FISCAL YEAR 2018 OPERATING AND CAPITAL IMPROVEMENTS BUDGET (Second Reading)

City Manager Owens reported that as part of the budget process, the Board the Board held a public hearing to seek public input on the proposed tax rates on August 22, 2017. Recommendation is to adopt the Fiscal Year 2018 Operating and Capital Improvements Budget as presented in the proposed budget.

Alderman Winings introduced Bill No. 6628, an ordinance to adopting the FY2018 Operating and Capital Improvement Budget to be read for the second time by title only. Alderman Boulton seconded.

09-12-17 BOA Minutes September 12, 2017 Page 11 of 16 City Attorney Karr reads Bill No. 6628, an Ordinance Adopting an Annual Budget for Fiscal Year 2018 Commencing on October 1, 2017 and Appropriating Funds Pursuant Thereto for the second time by title only.

ORDINANCE – 3RD QUARTER AMENDMENT TO THE FY2017 BUDGET

Janet provided the Board with an overview of the amendments that were included in the meeting packet. She noted that the 3rd Quarter Financial Report will be on the next agenda.

General Fund Revenue – Net Decrease of $33,262 • Ice Rink – Daily admissions and rental revenue were lower, by $17,700 and $15,562, respectively, due to losing the first week and final two weeks of the season.

Expenditures – Net Increase of $1,444 • Public Works – We needed more parking system signage and installation than previously planned for $8,620, and the Davis Place & Polo subdivision’s street lights were retrofitted with LED bulbs in the amount of $11,860. • Parks & Recreation – Salaries were reduced for a vacant position for several months in the amount of $25,000, and at the Shaw Park Aquatic Center the diving boards needed replacement this season in the amount of $5,964.

Sewer Lateral Fund Revenue – No Change Expenditures – Net Increase of $8,000 • Sewer Lateral Repairs – Repairs have been greater than planned this year and the budget is being adjusted by $8,000 for expected repair requests for the remainder of the year.

Equipment Replacement Fund Revenue – Net Increase of $26,400 • Donation – The cost of three Parkeon kiosks were paid for by a developer.

Expenditures – Net Increase of $26,400 • Equipment – The cost of three Parkeon kiosks were added as they were paid for by a developer.

Capital Improvement Fund Revenue – Net Decrease of $1,000,000 • DeMun Park – This park project is delayed until FY18 and is reduced by $15,000. • Bond Transfer-in – Several projects had lower costs or the timing was delayed, therefore less transfer-in of construction funds was needed this year by $985,000.

Expenditures – Net Decrease of $1,512,200 • Parks – Two projects are delayed until next year which are DeMun playground for $300,000 and Oak Knoll parking and retaining wall removal for $234,400. • Public Works – This amendment includes increasing costs for a grant application of $7,200 for the Central Business District resurfacing project, a lighting standards study for $35,000, and tree grates for the Maryland Ave. project in the amount of $25,000. Capital

09-12-17 BOA Minutes September 12, 2017 Page 12 of 16 project reductions due to project savings and timing delays include the FY17 Street Resurfacing Project for $892,000, Brentwood Blvd. Resurfacing for $18,000 and Maryland Avenue Resurfacing for $135,000.

Debt Service Funds Revenue – No Change Expenditures – Net Decrease of $985,000 • Transfer-out – These transfers are lessened from bond funds by $985,000 due to project savings and timing of projects.

Recommendation is to approve the attached ordinance adopting an amendment to the FY17 budget with a net effect on the City’s fund balances of an increase of $1,454,494.

Alderman Winings introduced Bill No. 6629, an ordinance to consider approving the FY2017 3rd Quarter Budget Amendment to be read for the first time by title only. 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 first time by title only.

The motion passed unanimously on a voice vote.

Alderman Winings moved that the Board give unanimous consent to consideration for adoption of Bill No. 6629 on the day of its introduction. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Alderman Winings introduced Bill No. 6629, an ordinance to consider approving the FY2017 3rd Quarter Budget Amendment to be read for the second time by title only. 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.

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.

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.

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.

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

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

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.

CENTENE UNIVERSITY and EARLY CHILDHOOD DEVELOPMENT CENTER September 12th Board of Alderman

AGENDA

1: Centene commitment to the community

2: Project Introduction

Centene University

Bright Horizons

Program

3: Conditional Use Permit

Survey

Site Modifications

Traffic Circulation Patterns

Floor Plans

4: Discussion and Request for Approval

Confidential and Proprietary Information 1 28,900 employees #124 on the Fortune 500 list WHO WE ARE St. Louis based company founded in Milwaukee in 1984 WHERE WE ARE 28 states with government sponsored healthcare programs 2 international markets #4 Fortune’s Fastest Growing Companies (2015) 30,900 Employees #66 #4

Centene is a Strong Clayton Supporter ¾ Clayton Police Department- Police Cadet Dept. ¾ Clayton Police Department / Special Olympics 5k located in downtown Clayton ¾ Clayton Fire Department ¾ Clayton Chamber of Commerce ¾ Parties in the Park ¾ Pillars in the Community ¾ Best of Clayton ¾ Annual Awards Dinner ¾ Cultural Festivals (St. Louis Art Fair) ¾ School District of Clayton- Athletics Department ¾ Centene Stadium for Clayton High School ¾ Clayton Century Foundation Centene’s Support for Clayton

Ed E hE/s Z^/dz hŵďƌĞůůĂ ĨŽƌ ĞŵƉůŽǇĞĞ >ĞĂƌŶŝŶŐ ƋƵŝƉƐ Ăůů ĞŵƉůŽǇĞĞƐ ǁŝƚŚ ƚŚĞ ŬŶŽǁůĞĚŐĞ͕ ƐŬŝůůƐ ĂŶĚ ƚŽŽůƐ ƚŽ ĚƌŝǀĞ ƌĞƐƵůƚƐ ĂŶĚ ŝƐ Ă ƉůĂƚĨŽƌŵ ĨŽƌ ĐƵůƚƵƌĞ ĐŚĂŶŐĞ >ĞĂƌŶŝŶŐ ^ĐŚŽŽůƐ͕ ŝŶĐůƵĚĞ͗ >ĞĂĚĞƌƐŚŝƉ ŽƌĞ KƉĞƌĂƚŝŽŶƐ &ƵŶĐƚŝŽŶĂů ^ŬŝůůƐ /ŶĚƵƐƚƌǇ

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Building Program Early Childhood Development Center • Fully licensed and accredited Preschool and Child Care Center • Hours of operation - Approximately 6:30 am to 6:30 pm • Capacity for 130 children plus staff • Child Care Program will occupy the existing first floor • Program includes approximately 20,450 sf • New drop off on east side of building Centene University • Mission - Education, Leadership Development, and Collaboration for Centene

executives • Classes will typically run from 8:00 am to 5:00 pm

Breakfast served at 7:30 am

Occasional dinners between 6:00 pm and 9:00 pm • University attendees will be shuttled to site • Centene University is housed on the existing lower and second levels

Additional space is included in an expansion on the south side of the

building and a second story addition above the gymnasium

Site Location MARYLAND AVE WESTMORELAND AVE N. JACKSON AVE LEE AVE UNIVERSITY CITY LIMITS

Site Photos

Site Survey MARYLAND AVE. N. JACKSON AVE. WESTMORELAND AVE. PREPARED BY: ALTA/NSPS LAND TITLE SURVEY SHEET # 1 00/00/0000- 7501 MARYLAND AVE. MARYLAND SCHOOL J.K. D.M.E. x 217-6129 - - - - - ALTA/NSPS LAND TITLE SURVEY DRAWING FILE: O:\DRAW6100\2176129\SURVEY\6129-BNDRY-e-mail-8-07-17.dwg LAYOUT: 30x42 PLOTTED: Aug 07, 2017 - 11:23am PLOTTED BY: daniel.ehlmann LC-222-D CERTIFICATE OF AUTHORITY DANIEL EHLMANN P.L.S. MO. P.L.S. # 2215 Surveyors Certification This is to certify to: Title Company That this map or plat and the survey on which it is based were made in accordance with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1-4, 6(b), 7(a), 7(b1), 7(c), 8, 9, 11 and 13 of Table A thereof. The field work was completed during ,2016. STOCK AND ASSOCIATES CONSULTING ENGINEERS, INC. LC 222-D By:___________________________________________________ Daniel Ehlmann, Missouri P.L.S. No. 2215

Site Plan per CUP Application August 7, 2017

Site Plan with Staff Comments 17!9 : 0, 84, ('/ ;;'' ) 4 9 2 67< 17!9 : 0, 84, ('/

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! # $$ Project: CENTENE UNIVERSITY AND EARLY CHILDHOOD EDUCAITON CENTER CONDITIONAL USE PERMIT APPLICATION 08/07/2017 08/07/2017 ARCHITECTURAL SITE PLAN A000 Prepared For: CENTENE CORPORATION ARCHITECTURAL SITE PLAN SCALE: 1" = 30' 1 2 - SCREEN WALLS INSTALLED + MAINTAINED 3 - 10' LANDSCAPE BUFFER ALONG JACKSON 4 - 25' LANDSCAPE BUFFER ALONG MARYLAND 5 - LANDSCAPE BUFFER ON WESTMORELAND EQUAL TO AVERAGE FRONT YARD SETBACK 6/ 7 - LANDSCAPED BERM AT EXTENDED PARKING 8 - SHUTTLE TRAFFIC NOT PERMITTED NORTH OF MARYLAND 10 - EXTERIOR LIGHTING DIRECTED AND SHIELED 1 - CONSOLIDATE ALL SEVEN LOTS PRIOR TO ISSUANCE OF BUIOLDING PERMIT

Staff Recommendations CUP August 28, 2017 1. Consolidate the seven lots into one prior to issuing building permits 2. Install and maintain screen walls along property lines shared with single family residences 3. Minimum 10’ landscape buffer along Jackson Avenue 4. Minimum 25’ landscape buffer along Maryland Avenue at surface parking 5. Minimum landscape buffer equal to average existing front yard setback along Westmoreland Avenue 6. Landscape berm installed between expanded surface parking and public right of way 7. Landscape buffers must be maintained 8. Shuttle traffic not permitted north of Maryland Avenue 9. Approval of parking waiver for 3 on site parking spaces 10. Exterior lights shall be shielded from adjacent properties

Site Plan - August 28, 2017 Plan Commission + ARB

Plan Commission + ARB Comments - August 28 2017 1. Relocate site access from Jackson Avenue to Maryland Avenue 2. Reduce parking count 3. Use remaining green space for public use after hours and on weekends 4. Relocate service drive away from west edge of site

Site Plan - Current MARYLAND AVE. N. JACKSON AVE. WESTMORELAND AVE. 85 SPACES

Site Plan Existing Tree to Remain Proposed Site Tree Proposed Street Tree Screen Fence & Landscape Buffer Screen Fence & Landscape Buffer Screen Fence & Decorative Security Fence & Columns Entry Courtyard and Amenities Ornamental Stone Monument Wall Ornamental Stone Monument Wall Ornamental Stone Monument Wall Decorative Security Fence & Columns Daycare Entrance & Delivery Access orative Security ce & Columns Existing Sidewalk Evergreen Buffer Evergreen Buffer New City Sidewalk New City Sidewalk Controlled Access Vehicular Exit Covered Childcare Pick-Up/Drop-Off Employee Parking Screened Service & Delivery Area Open Space Playground Terrace Drop-Off Terrace Maryland Avenue Westmoreland Avenue Jackson Avenue 85 SPACES

Site Plan - Truck Turning Radius Analysis MARYLAND AVE. (60' R/W) N. JACKSON AVE. (60' R/W) WESTMORELAND AVE. (60' R/W) EXIT ONLY

Traffic Circulation Patterns SERVICE CENTENE UNIVERSITY SHUTTLE CHILD CARE DROP OFF/ STAFF WESTMORELAND AVE N. JACKSON AVE FORSYTH BLVD MARYLAND AVE LEE AVE

Lower Level Plan 5,590 SF

Level One Plan 4,500 SF OPEN TO BELOW

Level Two Plan 12,290 SF

CENTENE CLAYTON CAMPUS, SD2A modifications DISCUSSION and Q + A

Document

September 12, 2017 — Meeting Minutes