The Minutes of the March 26, 2001 Board of Aldermen meeting were submitted for approval. A motion was made by Alderman Nichols and seconded by Alderman Buermann to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Darryl Songer, with Larson-Allen, who conducted the audit for the fiscal year ending December 31, 2000, presented the report. He said the fund balance has increased slightly, about $50,000. Ballwin is in compliance with State and Federal laws and regulations. GASB 34 is the governing body that dictates the manner in which Ballwin reports the financial information. New standards will be effective in 2003. The type of work required to bring Ballwin up to standards for reporting under GASB 34 is substantial. If Ballwin does not comply with GASB 34, there will be an adverse opinion on the financial statement. This could negatively impact Ballwin’s bond rating.

Mr. Songer said Ballwin will have to change the accounting method of accounting for various funds and activities of the City. Some of the activities currently included in the general fund will have to be separate, such as recreation facilities. They will be considered a for-profit entity measuring income and loss. The financial statement will be changed considerably. The inventory of fixed assets will be more sophisticated to comply with GASB 34. A list of all assets will have to be compiled by date, classification, original cost, and depreciation. Some cities have spent $5,000 - $50,000 on this project alone. At approximately 2005, the infrastructure will have to be capitalized. The streets will have to be measured and a value placed on the streets. This is an amazing task but is required.

There will be substantial cost in converting to GASB 34. Mr. Songer said thousands of dollars could be spent in the process.

Alderman Nichols asked if this is going to be required of all government entities. Mr. Songer said yes. Governmental entities will be required to keep books in the same way as the private sector does today. Not doing this will have an adverse effect on Ballwin’s bond rating , the rates will go up. School districts will also have to comply with GASB 34 as will counties, special districts and states.

Mayor Jones asked if there is a penalty for not reaching compliance by the target date of June 15, 2002. Mr. Songer said the penalty would be the CPA firm would give an adverse opinion as opposed to a clean opinion. If there wasn’t a bond issue coming up in that year, there would be little impact. This also applies to the State. They too will have to comply with GASB 34 and establish a value of every mile of roadway they have in the state – an enormous task.

Mr. Songer complimented the Finance Department on their cooperation and professionalism during the audit process. City Administrator Kuntz said Finance Officer Loehr and her staff have done an excellent job.

Alderman Nichols asked about special GASB 34 training for the staff. City Administrator Kuntz said Finance Officer Loehr attended the Muncipal Finance Officer’s training seminar last week on this topic.

Aldermen Buermann and Robinson noted that in the Management Letter, the City of Ballwin was referred to as "school district" and "the district". They said this is inappropriate and expect that these errors will be corrected in the final drafts.

None.

A motion was made by Alderman Suozzi and seconded by Alderman Nichols for a first reading of Bill No. 3087. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3087 was read for the first time.

A motion was made by Alderman Byatt and seconded by Alderman Huddleston to amend "to the present Kehrs Mill Road" to read "up to 407 Kehrs Mill Road". A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

A motion was made by Alderman Byatt and seconded by Alderman Huddleston for a second reading of amended Bill No. 3087. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3087 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3087 with the following results: Ayes – Buermann, Easter, Huddleston, Nichols, Robinson, Boland, Byatt, Suozzi. Nays – None. Whereupon Mayor Jones declared Bill No. 3087 approved and it became Ordinance No. 01-31.

A motion was made by Alderman Nichols and seconded by Alderman Buermann for a first reading of Bill No. 3089. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3089 was read for the first time.

Alderman Boland asked if this is now more restrictive than the existing ordinance. City Attorney Lucchesi said it’s more restrictive on the financial aspects and more comprehensive because it addresses cable TV franchises within the right-of-way as opposed to just utility extensions. City Administrator Kuntz said it has had significant legal review. Alderman Boland asked since a cable system is included in this legislation, is this further proof that cable TV systems are no different than another utilities such as electric or gas, and are subject to regulation of their rates by the PSC. City Administrator Kuntz said that federal and state regulations apply and there is presently no state or local control or review of cable TV rates.

Alderman Huddleston asked if now that the cable companies are offering internet access and charging an extra fee, is that considered part of the cable TV franchise. Mayor Jones said he thinks that’s a telecommunication service. City Administrator Kuntz said the 5% franchise fee applies on any service, telecommunication or other, which is generated within the right-of-way that’s not expressly prohibited by state or federal statutes.

A motion was made by Alderman Easter and seconded by Alderman Buermann for a second reading of Bill No. 3089. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3089 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3089 with the following results: Ayes – Boland, Robinson, Byatt, Easter, Nichols, Huddleston, Suozzi, Buermann. Nays – None. Whereupon Mayor Jones declared Bill No. 3089 approved and it became Ordinance No. 01-32.

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a first reading of Bill No. 3090. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3090 was read for the first time.

Alderman Boland asked for an update from the developer, Mr. Kuenneke, about the changes in the development plan. Mr. Kuenneke said the street has been lengthened by 10 feet to the west, the units are 40 feet instead of 38 feet, there’s 2 acres of undeveloped ground vs. 1.3 acres of developed ground. He said they are within the rear yard setback requirements of 20 feet.

Alderman Huddleston asked if there will be a swail in front of the 15-foot preservation easement to direct the water to the east. Mr. Kuenneke said yes there will be a swale for this purpose. The only water running in this area is the water falling in the rear yards. There’s not an excessive amount of water.

Alderman Huddleston said his understanding in talking to Mr. Kuenneke was that this was going to be a condo community, there will be indentures in place, there will be a service that maintains the exterior.

Alderman Buermann asked if there are future plans for the 2 acres common ground to the west. Mr. Kuenneke said no. It will stay as it is. City Attorney Lucchesi asked when the units are sold, do they all get an interest in the common ground. Mr. Kuenneke said yes, it’s just like a subdivision.

Alderman Byatt asked if the detention area is shared with the daycare center. Mr. Kuenneke said yes. They have joint maintenance.

Alderman Robinson said in the final development plan, trees other than white pine could be planted along the adjacent property line. Mr. Kuenneke said he committed to being willing to work with the neighbors and put in the species of tree they would like to see as opposed to white pines. If the neighbors would like something other than white pines, it should be changed on the final plan. Alderman Robinson said the bill wording should be amended to read "or other evergreen trees, as agreed to by adjacent land owners." Mr. Kuenneke agreed to this change. If the trees were to die within a certain period, the developer would have to replace the trees.

A motion was mace by Alderman Nichols and seconded by Alderman Byatt to amend Section 1, adding item D. as follows: "The Site Plan shall include reference to the Tree Preservation Ordinance of the City and shall include a list of approved alternate tree types for planting". A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

A motion was made by Alderman Huddleston and seconded by Alderman Boland for a second reading of amended Bill No. 3090. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3090 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3090 with the following results: Ayes – Suozzi, Byatt, Robinson, Boland, Easter, Huddleston, Buermann, Nichols . Nays – None. Whereupon Mayor Jones declared Bill No. 3090 approved and it became Ordinance No. 01-33.

A motion was made by Alderman Byatt and seconded by Alderman Buermann for a first reading of Bill No. 3091. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3091 was read for the first time.

Alderman Huddleston asked if the interest rate on the bonds is the current market rate. Mr. Mello said it would be ½% below prime. Alderman Huddleston asked if the bonds will be paid off sooner now that the interest rates have come down. Mr. Mello said this is a TIF Note Ordinance, not for the issuance of bonds. The notes issued are given to the developer, which represents the City’s obligation to repay all reimbursable project expense from the TIF revenues when and if the revenues are generated by the shopping center. Initially, the notes will be held by the developer during the construction phase. These are at the developer’s risk. When the center is open and the underwriter is satisfied that the projected tax revenue stream will be sufficient to amortize the TIF bonds, the notes would be redeemed and bonds issued for purchase by the public. At that point, a new interest rate will be established, hopefully lower than the interest rate negotiated on the TIF notes. The proceeds go to pay down the bonds.

A motion was made by Alderman Nichols and seconded by Alderman Suozzi to amend the title to remove the second "An Ordinance". A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

A motion was made by Alderman Nichols and seconded by Alderman Buermann for a second reading of Bill No. 3091 as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3091 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3091 with the following results: Ayes – Buermann, Huddleston, Robinson, Easter, Boland, Byatt, Nichols, Suozzi . Nays – None. Whereupon Mayor Jones declared Bill No. 3091 approved and it became Ordinance No. 01-34.

Alderman Easter said she and Alderman Buermann met with the Schmids last Sunday. He will have to replace one trailer and he wanted to know how to measure the 22 feet – from the tongue to the end of the trailer or just the bed. Captain Wise called the Missouri Department of Revenue for this information. They said they measure from tongue to the end of the trailer. Alderman Easter recommended sending this issue to Committee.

Alderman Nichols said the State Statute says the entire length of the trailer from the tip of the tongue to the rear is to be measured. He said when the ordinance was passed, there wasn’t anything magical about the 10 feet length limit. It could have been 12 or 15 feet or 22 feet. It needed to be changed because of problems in residential areas. He said if Ballwin’s ordinance is in compliance with the State Statute measuring procedure, then that’s the way it should be measured. City Attorney Lucchesi said the statutes require the total length.

Alderman Boland said the Board may need to look at other issues that are ramifications of the length change. He also suggested sending this issue to Committee.

Mayor Jones said it’s important to maintain the integrity of Ballwin’s residential neighborhoods and the residential business accessory use regulations.

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Mayor Jones said twenty-two resumes and letters of interest have been received for the Representative of the City of Ballwin to the University Outreach and Extension Council of St. Louis County. This is a tremendous testament to the Citizens of Ballwin and their interest in serving this community and the goals of higher education. He spoke with everyone who submitted resumes and they are very competent and deserving individuals who he hopes will consider other positions on commissions or volunteer opportunities within the City of Ballwin. Mayor Jones recommended to the Board that Dan Sidoti be selected as the representative of Ballwin to the University Outreach and Extension Council of St. Louis County. Mr. Sidoti has been the United Way coordinator for Ballwin and has extensive experience in the food product and processing fields, as well as experience in higher education. Based upon that experience and the interview, Mayor Jones said he is the best candidate for this position.

Alderman Easter said at the last Board meeting, she was appointed President of the Board to attend a meeting with the Municipal League for the St. Louis County Parks Department. She reported that Terry Byatt was appointed as the representative from the Ballwin/Ellisville/ Manchester area.

City Administrator Kuntz said that the 3 worst condition streets in each of the 4 wards have been identified. He said the budget does not reflect funding for the types of repairs necessary to bring these streets to acceptable standards. The streets are crumbling and deteriorating. He suggested that in the next 60 days, a re-appropriation ordinance be presented to free up funds for this purpose. Mr. Kuntz also indicated that at the next Board meeting a capital project listing would be submitted and that bids for a pavement management system should be solicited. This is a software program developed by the Corp of Engineers, to determine the treatment timetable by an outside objective third party. The cost is estimated at $24,000. He said it’s money well spent to come up with an objective criteria. This is also consistent with the first phase of the GASB regulation that the auditor recommended.

A motion was made by Alderman Nichols and seconded by Alderman Huddleston to adjourn. The motion passed unanimously and the meeting was adjourned at 9:42 p.m.
MC