MOPR'S  10/21/02  VP  LEVEE  CMSN  MTG  MINS

 

Notes:  None for now. 

Present:  DC, JW, RH, RW, DS, EM, CLM, TW, DM.  Also Jim Mitas of Cgsm Akin's office, Andy McCord of DG Purdy, & RC.  


 

10/21/02 Levee - Section 1 of  13

 

DC: ...Call this mtg to order.  (various undecipherable mumblings, then a few raps on the table)  Let's call the mtg to order.  Uh, it doesn't look like we're gonna have a quorum here tonight at all.  So we've only got 4, 4 members, but we'll go ahead & have a mtg;  but we won't be able to make any, any decisions or anything.  So, uh, call the mtg to order at about 5:10.  Uh, I'll get, have roll call here (see above).  (EM & ? background)  EM:  Did you get my mins (with your stuff?)?   ?: _ _ _ _.  ?:  Ok.   (roll call continues) 

 

DC:  If anybody on the cmsn here has any idea of a floodplain rep, I guess you should uh maybe give that name to the mayor & he could present it to the bd of ald.  RH:  Citizen for approval, citizen?  DC:  Floodplain, yeah that's a citizen.  DM:  I guess Gary Adams won't be able to make it even tho - DC:  He uh, _ _ plenty of time.  DM:  Ok, no, I mean it was RS & DA both thought he would, he wanted to be on it, but apparently got conflict of schedule, so - DC:  I guess so.   DM:  get a chance _ _ _ _ _ what happens.  DC:  If he could uh, he, he uh, he let me know that he resigned. 

 

JW?: _ _ _ - DM:  We could meet at Ottie's I guess.  (JW chuckles)  DC:  If we need a new (continue roll call).  DM:  _ _ I forgot the tapes.  (a few people chuckle)   ?:  Better erase that before Marcy hears it.  DM:  Before Gary hears it.  ?:  Marcy.  DC: JZ, he's uh, on a trip, on a vacation.  RH?:  Who is?  DC:  Uh, JZ.  He was supposed to have maybe Pat Conroy here, but uh, uh - JW?: _ _ _ -

 

DC: Tom Horgan, he's - CLM:  Jim Mitas is here for Tom Horgan.  DC:  I haven't got those names down yet.  Mike Horgan, I don't know whether he's supposed to be here - ok.  Uh, let's stand for - EM:  Tom Horgan won't be here any more.  DC:  I know;  I've gotta change that name on my list 'cause it's _ _ 2 people.  Stand for the uh, Pledge of Allegiance, please.  (Pledge of Allegiance) 

 

10/21/02 Levee - Section  2 of  13

 

DC:  Does anyone have any uh, additions or deletions for the uh agenda?  Uh, on the mins here I, I failed to put down here uh, the Sept uh 16th mtg's.  I don't have anything for 5/20 & 8/19.  Uh, do you, do you have any of them at your office there, Eric, do you think?  EM:  Yeah!  They both should be.  Uh - DC:  I haven't, I don't - EM:  & I knew you told me that too & so, Aug - DC:  19th, I don't know about the 20th;  I mean, but 8/19.  & I forgot to have the - EM:  &, & May.  DC:  May, Sept not on here.  EM:  I'll, I'll get 'em both;  they're on my word processor. 

 

DC:  Did every, all the members have a uh chance to read over the mtg, uh mins of uh 9/16? (no response heard & pause about 15 secs) Give you a chance to read 'em.  Is there any additions or deletions to the agenda?  (no response heard)  Uh I, I don't have any.  JW:  I would make a motion to approve this, but we can't do any action;  so - DC: Uh, we can't do, I mean - JW: don't do any good to make any motions on it.  DC:  any motion or anything to approve the mins.  We'll just approve to hold these mins over till next mtg & approve 'em.  Discussion items, uh we'll pretty - go over it kind of quick. 

 

10/21/02 Levee - Section 3 of  13

 

Uh, I will tell you, Item 4B, I have an update on that.  Uh, we will be having a pre-bid conference for the clearing contract on 10/30/02 at 10:00 here at the city hall.  I, we had a pre-bid for all the rest of 'em here.  We'll have it in the thing & have it set up;  a pre-bid conference.  This is for the clearing contract for the rest of the uh, of uh - TW:  Phase 2, Phase, Phase 2 is what we're calling it, the clearingDC:  Uh well, I guess it'll be Phase 2.  I don't really know what, how it's gonna be worded.  We'll know - TW:  Right.  DC:  whether it'll just be a clearing contract.  & I think it uh, maybe the Phase 2 was going to be some kind of a uh - TW:  Well, Phase 2 is - Phase 1, we had done previously.  DM: Part 2 of the clearing in other words.  DC:  Part 2 of the clearing.  TW:  Phase 2 is - DC:  I, I really don't know - we won't - it's - I just got a call from uh, uh the Vic James;  & they're gonna, const division's, gonna have it & it'll probably be for the whole, the clearing contract for the whole - TW:  Right.  DC:  for the whole thing.  TW:  Right.  JW:  What time is that mtg?  DC: 10:00.

 

JW:  Is that thing like uh, it was last time, where they've already got somebody in mind, or is this - TW:  No, this is different.  JW:  open to any contractor?  TW:  This will be bid, actually bid.  DC: This'll actually be the bidders.  TW:  Right.  DC:  that they get.  TW:  The, the last - DC:  They had the specs probably done on it, probably last wk or the wk before;  the award's the middle of the wk.  It's been a couple wks & they sent it out to the bidders & then they, the COE, gets together with the bidders;  & then they go over all aspects of what, uno, the whole, the whole contract thing of it.  & then uh, they have a chance to go & they actually look, look at this down here if they want to go look at it, whatever it is. 

 

TW:  But you're right, Jeff, this is a little different than the last one in the fact that it's - JW&DC: Right. - TW:  not negotiated;  it's - JW:  'cause there was no bidding last time.  TW:  Exactly, uh - DC: No, that was a purchase order.  TW: Right, for several reasons.  DC:  & probably, maybe they figured Phase 2'd be that way;  but now I, I would imagine it's gonna go strictly thru a bid, &  - EM:  He said it was.  They, they backed off their 8A requiremt & _ _ - DC:  Right, so it's gonna be actually bid & - JW:  I'm sure this one's probably more money than the other one this yr.  EM:  Yeah, this is a heck of a lot more.  JW:  That's the reason why I guess.  Wasn't it under 100,000 last time - TW: Yes.  EM?:  Sure.  JW:  & now I'm sure it's over 100, so - TW:  Right.  DC:  Usually, purchase orders are for 100,000. 

 

TW:  & I will say that uh JZ has asked for our recommendations for any local contr, er for any contractors.   We did give 'em uh Ray's Tree Svc & then we also mentioned that there are several other local people that may be interested.  But uh, he was going to check to see if any other local contractors were actually registered or qualified with the COE.  It doesn't mean they're not qualified, but listed with the COE.  JW:  Right, (r-repree?) - TW:  Pre-qualified.  DC: Right, so you - TW:  & so that was my only recommendation to Jim.  DC:  We, we went thru that & there wasn't, there wasn't any of 'em that were uh pre-qualified. 

 

Ray, I don't know whether Ray Tree Svc - TW:  I asked him to just double-check because I know that they're a fair-size contractor.  So I, I haven't heard the results of that.   DC:  Then I'll be - TW:  He also - DC:  I'll be bringing that up at the ald's mtg.  TW:  Dave, he also said that he was supposed to get us a uh, sample or a spec, & you may ask him, I guess - DC:  Uh, yeah - TW:   when he gets back in town.  DC:  They'll probably, we'll probably have a spec that we'll be able to look at _ - TW:  Yeah, I'd like to get a copy just to - quick cursory.  DC:  JZ's supposed to be back, I think next wk.  TW: Ok.  DC:  & I'll talk to him about gettin' some copies of the - TW:  Yeah, maybe just, maybe just - DC: & maybe we can fax 'em, whatever & get 'em off.  TW: Yeah, they're probably somewhat substantial.  

 

DC:  We are getting some up-to-date, some new uh, drawings with the uh, emergency rd on it down here at the RR tracks, the new drawings of that & some other uh ROW lines & that, that are new.  So I'll be (baden 'em to the smat?) & one of these days I'll get it off, exceptions, bidding & everything like that. TW:  Well, you need to talk to Kirk about that 'cause we get that stuff all the time.  DC:  Do what?  TW: (laughing) We get those all the time, design changes & adjustmts, here & there.  DC:  Oh yeah, well, uno, as the uno, & when we get the clearing contract, there may be changes in the specs that they, with the contractors & all that we'll do & uno, that's just, this is normal with, with the contract when you sign it, & it's never - uh, does uh, anybody have anything else on Item 4B besides that _ _? 

 

10/21/02 Levee - Section 4 of  13

 

DC: (cont'd)  I might add on 4B too, just for your info, this is, this's got nothin' to do with the levee at the present time;  but we did have the US Geological Society install the framework & the bldg on top of it at the uh, uh boat ramp last wk.  & this wk, they will be installing the new equipmt that goes in it & probably by the end of the mo, we will have a automated, on-line guage to read the river.  CLM:  Is this the one ties to the Vicksburg Satelite System?  DC:  Yes, it'll be uh, this is uh, I was down there la, we, they put up one helluva structure.  It's probably 20' in the air, plus a uh, 8' metal, solid metal bldg, stainless, or not stainless, but galvanized everything, uh, concrete pad.  Uh, it's quite a structure that's, what's down there.  The pipe runs all the way down along the boat ramp & into the river & we'll have a uh rain guage, uh solar panel on the top of it & a big antenna.  & uh, fellas from the, they put it all up, US Geological Svc, they put it all up. 

 

Now the COE uh will put their equipmt in on, in it & then get it on-line & we'll be, probably by the end of the mo, or sometime in Nov, this thing'll be, we'll be able to operate it.  We won't, we won't depend, have to depend on anybody to read the guage, except what we do on the computer.  Just like Dan knows what we got those readings before, instead of having to wait uh, for the uh weather bureau to tell us what it is all.  We'll be on-line & we'll be able to go in there every 10 or 15 mins or whatever.  & it'll be able to tell us what, what the river's doin' every 15 or 20 or hour or what, whatever the guage is.  CLM: That's particularly important because as everybody here knows, the Meramec's a flash flood;  it's not like the MO or Mississippi.  It comes up rather quickly. 

 

DC:  But they'll probably be, they might've worked on it today.  I don't think the COE worked today;  I was down there early this morning & there wasn't anybody there, but they could've came in this afternoon.  But it should be this wk that they, they're planning to put the whole thing in.  It may take 'em, uno, a few days or maybe the rest of next wk to get it all lined up & get it workin', whatever they do.  The uh, uh we did some work for the uh, uh with 'em, by cutting, removing trees & some bran, limbs & stuff off the trees & cut some trees down there for 'em & did some uh, backfill for 'em & everything, so _ JW:  _ _ so they could get some power on it.  DC:  Oh yeah, I mean, huh?  JW:  Wouldn't get no power with no sun down there.  DC:  Well, no, (laughing) we don't get no power.  No, it's all, it, uno, it doesn't depend, depend on electricity or anything like that.  It's all solar powered & it stands on it's own. 

 

Uh, they say that the water would probably get up to the base of the uh tower that they've got down there, but it would never, never really get in the bldg if it went to 433, or whatever the uh flood level is for the 100-yr flood.  & eventually, after the levee is probably completed, it will probably be relocated to some location on the levee, uh or an approximate area closer to the levee rather than on River Dr.  That's after the levee's done & they'll make that decision whether they'll move it or not;  they may leave it there.  Ok, that's just info. 

 

10/21/02 Levee - Section  5 of  13

 

Any uh, anbody have anything on the cost share for the project & TPCEM:  Uh, uh, in, in the bd's packet, was a letter from the COE where they approved our expenses thru 99 & indicated that the only provisal they had is if we receive a uh, a credit for overpaymts that we know are credit ledgers accordingly.  & uh, I have sent a 12 more appraisals on to them, uhm, that I got Thurs.  Um, & & that should bring up up-to-date, at least thru the yr 2001.  & that, I, I would anticipate a really healthy credit that the city has &, & a rebate back on our over-paymts that we'll, we'll simply stick back in the project fund & reinvest.  

 

CLM:  Jim Mitas, that, that, Jim hasn't been with us all these yrs.  What we've been doing, Jim, is the COE gave us credit for expenses that we reported to the COE & that counts towards our local share which means the more credit we get, the less the cash the city has to come up with.  & we challenged their #'s;  they said well, uno, we did this a long time ago.  So we have to go back & examine the #'s again.  & uh, we gave them some new #'s & brought 'em up todate.  JZ said that they'd given 'em to 99;  they've given us more credit than they had originally;  so it was a real plus for the city. 

 

EM: Right;  &, & I should be a little more considerate about the date.  It's not everything thru 99;  it's thru Phases 1 thru 3A.  So, so they have still have 3B to compute &, & to to-date & 4. 

 

10/21/02 Levee - Section 6 of  13

 

DC:  Ookk.  Federal & sponsor funding, I guess for the FY 02 & 03;  does any - CLM:  Uh 02 of course, we're  - DC:  Done with.  CLM:  finished with that.  03 uh, real curious situation in that the Senate Aprops Cmte has reported out a bill which includes the Energy & Water Subcmte aprops.  & uh, Sen Bond was able to get $3.6 Million added to the $600,000.  & I'm not tryin' to uh give him more credit than he deserves, or less credit to Sen Carnahan.  Sen Bond, the aprops cmte, & have been working on the project for yrs & he's in a position to do things that the other people in the Senate might not be able to taken.   He's worked very hard to get us that extra money, so we're lookin' right now at 4.2 Million, probably coming out of the Senate. 

 

JW: _ _ _ _ - ?: _ _ _ _ - (JW & ? laugh) CLM: Was _ _ there?  He's always accused me of being a, a hard-core right wing reformer.  But uh seriously, in the House, we have another siutation;  Jim & I were just discussing.  Uh, the House Cmte did not have a normal aprops subcmte bill reported out.  They did what's called a chairman's mark-up;  & what they did, instead of putting together a bill on the House side for Energy & Water, which of course includes VP money for 03, they took the Senate bill & did what they call a chairman's mark-up.  & when that happens, until the chairman decides to reads the #'s, nobody can get the #'s in, in the mark-up version of the bill.  JW:  I'm doin' that tonight.  CLM:  How's that?  JW:  Chairman, chairman's mark-up!  CLM:  Get it.  RH:  Who's the chairman? 

 

CLM:  So right now, we, we don't know what's in the House, but we would assume that they started out takin' the 4.2 Million in the Senate version.  JW:  Randy wants to know who the chairman is you're talkin' about.  CLM:  Well, uno, in this case it's Sonny Callahan from Alabama, who's retiring after Jan.  (JW laughs) 

 

But, uh, what we have here is a curious situation in that we've, we're going to, we're into next FY, the Congress House is already going to recess;  Senate's about to;  &  they have a passed a joint, er Continuing Resolution to carry to gov't funding thru Nov, I think the 22nd of next mo.  Uh, which pretty much directs the fact they will be back in session before 11/22, at which time they'll be able to do one of two things:  either they will pass out 13 separate aprops bills for the House & Senate to get together in joint conference, send a bill to the Pres;  or I think quite likely, they'll decide they don't want to wrestle with that just yet, wait for the new Congress in Jan;  & instead, they'll pass another omnibus continuing Resolution Bill which just continues funding until they finally pass an aprops bill at the same level that each agency was funded in FY 02. 

 

Which really kind of screws things up because what happens is, each agency, like the COE in Washington, will have to figure out how much money they had in 02, then they gotta figure out how much money each district, division had, & tell 'em this is how much money you can spend each day in these areas.  So for example, JZ's shop is told you're whole business, your whole, all your people can only spend so much money a day until we get the next date, which in House will be the 22nd.  Uh, the impact on our project, none;  because of the funding level for, that was aprop'd for last yr.  So it, it really won't affect us uh, at least uh, not until they meet again in Nov, _ _ Nov - decide what they're gonna do about the aprops bill.  My best guestimate is that when the dust settles, we'll have something very close to the $4.2 Million, which is really all the COE says that they can use;  that's for 200_. 

 

10/21/02 Levee - Section   7 of  13

 

DM:  & Dave, under funding, I guess is this all of the properties uno that remain to be purchased?  EM:   We, we can go thru that i, if, if everybody's ready to.  DM:  Ok, I didn't know;  since it was the last item on here, I - DC:  I have no idea;  I just got this.  TW:  Yeah, I just divided this & uh, I guess what we do every mtg, is continue as our direction was, to continue to update the adjustmts in either the acquisition of property or the adjustmts of the property needing to be acquired. 

 

(For add'l info here, go to Documents - TW ROW & ESMT, altho as of this mtg's post date, I still need a copy from this particular mtg.)

 

& you can see the acreage;  uh, some of these uh, for instance, uhm, uh if you look down at 401 & 501 Marshall, that's the US Cotton plant, we had(n't?) uh acquired, required by the adjustmt of the levee, an add'l point-69 acres & the uh temp esmt.  Now, I would've brought those with me tonight, but Kirk didn't feel comfortable because he hadn't a final review.  So I think some time tomorrow, we'll have those in Eric's hands for those 2.  EM:  He told me he's still proof-readin' 'em.  TW:  Yeah, exactly & we don't want to fall into some past pitfalls. 

 

Um, so anyway, you can also see that there's some of 'em are very minor adjustmts.  Uh, the one below that, 639 Marshall, point-08 acres & then a point-temp esmt & those were delivered to Eric.  But you can see that by those adjustmts of the COE, there was add'l survey & of course add'l esmts & ROW adjustmts required & those are outlined here, um on these 2 sheets.  So - EM:  But I, I, & I can, if we start at the top, I can kind of update you where we're at.  TW:  Ok.

 

EM:  6 Meramec Valley Plaza, uh, I, I uh, received the amended appraisal from our appraiser on 10/16;  um, & I made a just compensation offer uh, on 10/18 just this Friday.  I met with uh Maurer;  it's, it's uh called, it's not Meramec Venture Associates any more;  it's called  Diamond - TW:  Yeah, I saw that new sign.  EM:  Yeah, Diamond LLC, now.  TW:  Right;  should I change that to whatever.   EM: Yeah, uh, you, you can.  TW:  Ok. 

 

EM: & uh, I, I, basically, we, we went thru what the taking was gonna be.  It was, it was minor in my mind;  major in his.  Uh, we got Kirk on the phone & uh, we went thru the const profiles.  He's gonna have his architect call Kirk, & uh provide detailed const.  Uh, I'm, I'm not really sure where else we're going with it, but uh, I, I told him I'd give him 10 days, & uh, if, if not, we had to do what we had to do, & he had to do what he had to do.  So that's where we're at on that.

 

Uh, 101 Marshall Rd, the next one down, was purchased by the city on 10/8. 

 

Um, on 6 Arnold Dr, I met with uh, Mr McGhee & his 2 brothers at my office, uh, 2 wks ago;  & he had indicated he had referred the matter to his lawyer or was referring the matter to his lawyer.  Um, I talked to him in court Wed, & uh, he indicated he hadn't heard back from his lawyer.  I talked to his lawyer;  his lawyer said everything's fine, he's advised his client to execute the contract.  I, I called the brothers in Denver, CO because Mr. McGhee doesn't have a phone #;  uh, so I don't know, I, everybody's tellin' him it's fine & we, we've made some modifications.  But, but we have a hearing 10/24 on his property, as uh, 7, 8, 7 & 8 Arnold, 1 Arnold, 4, all the Arnold's uh properties.  We have a, a hearing uh on 10/24, this coming Thurs.  Everybody has a lawyer, um, yeah, everybody has a lawyer, uh, in, involved in it, other than maybe a couple tenants, uh don't, even, even one tenant has a lawyer, uh, Mr. Carver.

 

Um, let's see, 8 Meramec Sta Rd was purchased by the city in, I think April of this yr. 

 

401 Marshall, Tom gave you the, the one done on that.  The city had purchased land, um, w, we're actually looking at some, some other changes & what we're gonna do is meet with the uh, managemt.  It, it, it may be that a lot of what we're doing is unnecessary if they're gonna discontinue operations in July.  Uh, the, there's no point in surround, putting a berm to surround their uh, settling basin if they're not going to be discharging any more.  Uh, &, & clearly, it would seem to me, that, that probably a new user isn't going to come in & do the same sort of, of work as this cotton co does.  Uh, so we may be able to get by with quite a bit less uh, real estate requiremts.  & uh, the COE wants to meet with uh managemt &, & it'll go to a higher level because managemt, uh, simply that, just managemt, but there's a, another layer of ownership in Cincinnati I believe.  &, & I think it's gonna be important to get the real estate listing agent involved as well.   Uhm, sooo, that's that. 

 

Uhmm, &, &, & the ones that, that Tom says needs direction, we're, we're just, these, these are all totals, so, so we're using old plats;  it doesn't matter on those. 

 

Uhmm, let's see, for 637, 701, 801, (Marshall) uh, I met with the Simpson's & uh Greg Bertoglio & Pat Conroy, uh it's been maybe 10 days ago, on those.  Uh, Rondall Investmts is uh, uh Dale Kirchner;  I, I met with him;  we walked the premises;  went over the plats. 

 

Uhm, & the same thing uh, it's, it's, on, 180 Pharoah, it says Wallace Investmts, &, & they are the record owners, but it's subject to uh, a sale contract with uh Phil Rideout's uh, boy, I can't remember the name of his corporation, but it's in a corporate nameSo, so we're dealing with Wallace.  I've met with Phil, & Wallace said that they defer whatever Phil wanted to do.

 

JW:  He's D&L, is it?  EM:  Uh, it, it, it, no, it's not D&L.  He, he has nothing to do with D&L, other than he's a lessor;  so the property is leased to D&L.  So we've got, &, & that's another issue, that's relocation, but all they're really doing in that, is grading that, that lot.  It's a weird shaped lot, but it's a salvage yard is what he has it leased for.  & of course it has to be secure at all times because it's uno, insurance co salvage & uh, what we're gonna have to do is, is uh find an alternative place, tow 'em over there;  make sure it's secure for the 2-wk period.  Simply to regrade;  uh, because we want to regrade the drainage so that it slopes to the south.  & it's gonna be a small drainage area, but just has to flow that, that way.  Uh, so we're dealing with a tenant & a, a property owner & a property owner of record on that;  I should say equitable property owner or legal property owner.  Uh -

 

DC: How many car _, how many cars do you have to tow off that lot?  EM:  Uh, depends on (chuckle) how many's there when const starts.  There were more, there were more than 2 there when I was there;  I'll tell ya that. (JW? laughs)  ?: I know.   EM:  It's not, it's not the front lot,  it's the back lot.  DC:  It's the back one over there that - EM:  Yeah.  DC:  overlooks the uh sports complex.  EM:  I, I'd say there was a good 15 cars in there when I was there.  & I mean, clearly, they have to be towed.  You're not gonna drive those babies out.  Yeah, they move in & out all the time 'cause the companies will take 'em & then cash 'em in for parts, so you, you never know.  Uh, it's, it's a move, uno, a changeable situation.

 

Uh, & those are all at the appraiser, uh, uh, everybody's waiting uh, an appraisal so that I can give them a fair maket, fair market value offer, ummm, &, & the appraiser tells me he's ready & then from there I just have to ship 'em to the COE for approval. 

 

Umm, let's see, 9 Arnold Dr, Mike & Carol Illig, we, we bought that some time ago. 

 

Uhm, River Rd properties, we're, we're lookin' at, at the outfalls.  The city owns some &, & we're just not sure where the things fall & um & that's why we're surveying right now.  Um, where 3rd St comes out, uh, some the, the property may be owned by the city;  some may be owned by a third party & uh, that's, that's what's going on. 

 

There, there's uh 3rd St & there's a 5th St outfall too.  Ok & the COE's talkin' about maybe combinin' those 2.  I, I'm not sure what the status of that is.  DC:  Yeah, that's what I heard;  they were gonna try to either do it all at 3rd St or all at 5th St because they can't figure out if we own at 3rd St or 5th St.  I never understood that.  EM:  Well I, uno, & if, if they can't figure out where they, they're gonna put the damn thing, it's hard to buy the property then to do it, but that's, we're, we're gettin' there.

 

Uh, then all these other properties, all the uh Pyramid properties have been purchased by the city in large part,  but then when the, when the COE redid what they did, now they're requiring, I, I mean we're talkin' scant amts here.  What's 2/10, or 2/100 of an acre, is like - TW:  Well, a tenth of an acre is 4,000 sq ft, so it's 400 sq ft.  EM:  Yeah, 400, so we're not talkin' about much money, but - CLM: 20x20.  EM:  Right, yeah.  TW:  There's little pieces are all over the place & each one uh, approximately from point-01 to point-02 acres.  & then again it's not uh, a taking, it's an esmt.  EM:  Yeah, & it's a temp const esmt.  TW:  But they moved the line & adjusted the line & we tried to say, well, uno;  & the COE's pretty adamant that they need that esmt.  EM:  & all really, they're, they're talking about is a grading esmt as I understand.  TW:  Correct, it's a very equivalent to what we did with the TSCL, temp slope const license.  Again, it's a tem esmt;  it goes away once the project is completed....

 

(exchange tapes - I had noted at this time, that EM said in part, that they go thru people's garages.)...(they're laughing heartily)  CLM: _ _people don't have any sense at all.  EM:  I think we'll be able to work with 'em with some reassurance.  TW:  Well, there might have to be, obviously, some adjustmts to the COE's grading line too.  EM:  Yeah.  CLM:  Come thru the bedroom _ _ - ?: Yeah (chuckle)  ?: _ _ _ -

 

EM: But, but I mean we own, we own all the properties to their property line, & no, we own, uno, even beyond, on the, on the Pyramid side.  There's an Oasis side & a Pyramid side & uh, I, I thought we had bought everything we needed, but then sure enough, we come around & we haven't.  TW:  Right, we finally discovered this as we got further into it with the COE.  EM:  So I guess that's where we're at.  Uh - (stop) 

 

DC: (background) I think we could adjust that -  TW:  Is there anything on here that you can see that's not _  - EM: Yeah, there's one more that we didn't put on & uh, that is uh, boy, I, I, I can't remember that lady's name, uh I'll provide that to ya.  But there's one more uh, one more Pyramid property that uh, we were, we were tryin' to figure out where we're gonna put the MSD lift sta, but we're not gonna do it with (herlips?) now - TW:  Right.  EM:  so that reduces the need.  TW:  Right.  EM:  But uh, I, I have a legal on that that's probably gonna be sufficient, but I'll, I'll provide that to ya.  TW:  Ok.  EM: I think Kirk has, that, but  - ?: (background) died not long after that  - TW:  & like I said, we'll be delivering some more to Eric tomorrow.  DC?:  Good. 

 

EM:  Ok,  &, & right so, so uno, on, on these ones that we're in litigation with, I'm in contact with all the attys.  Um, we're, as, as late as 4:00, I, I've been talking to 'em;  uh tryin' to see, everybody's tryin' to figure out where they're at & where we're gonna go.  So uh, our goal is, is, is to uh, uh have the court enter its, its order &, & appoint 3 people to come out & view the properties.  We have a hearing uh at that point & then they determine what the property is valued at;  & then we fight about it later.  Uh, we'll be entitled to a jury trial & they are entitled to a jury trial if either party doesn't like what happened.  So uh, that's where we're at, but, but we get quick possession with the, the cmsnr position.  Uh, so -

 

CLM:  Jim, based on like very minor little pieces of property - ?:  _ _ _ - CLM:  that the COE, the COE can't advertise the contract until we got the property (at that time?).   Eric can certify that we own the property _ _ -

 

10/21/02 Levee - Section  8 of  13

 

 ?: _ _ _ _ - ?: _ _ _ _ - CLM:  _ _ , Dave, I was remiss a while ago, um skippin' thru the aprops thing.  Uh, Cgsm Akin did meet with Cgsm Sonny Callahan, the Chairman, House Aprops Subcmte, & stressed for him, the importance of getting the full capability # for VP.  & since they marked up the Senate bill with 4.2 Million, I'm sure that Cgsmn Akin's visit with uh, Cgsmn Callahan will prove to be a very, very helpful key.  EM:  Uh, uh & then -

 

10/21/02 Levee - Section  9 of  13

 

DC: This gentleman over here, I, I - EM:  I, I was about, I, I'm just about to get there.  Uh, Andy's been fighting the good fight with us, uh for env'l matters & uh, uh, without further ado - DC:  I know Andy, but - EM:  Andy, it's your thing - DM:  Might wanna introduce - (someone laughs heartily)  EM:  Oh, I'm sorry, Jim!  DC:  I, I, I don't think we've met this fella over here.  Would you introduce yourself, sir?  JMitas: This fella, or -  DC:  No, you, you, sir.  EM:  I'm sorry. 

 

JMitas:  I'm Jim Mitas with Cgsmn Akin's office.  Uh, I'm backfilling Tom Horgan, now that Tom's up in Sen Bond, up in - DC:  Ok, well I have your name on the list for you to get a packet, but I don't think I've ever met you.  CLM:  I'm sorry, I, I thought - DC:  I don't think - you gave me his name, but uh never gave me a - CLM:  My fault, Jim, I _ _ _.  Thank you, Dave.  DC:  Ok.  JMitas:  That's T, Mitas.  DC:  Ok, fine, just so all the members here know who you are & everything.  CLM:  The name's Mitas, (spells it);  & a good man.  DC:  Ok, does that cover uh -

 

10/21/02 Levee - Section  10 of  13

 

DM:  & then Andy, once Andy _ _ _ - DC: Oh, Andy's got somethin' here?  DM: Env'l issues to report.  DC:  Is that a report on this thing about this mit & all that, that we were in this mtg where, you & I with the COE & the other people?  Andy:  Yeah.  DC:  Ok, go ahead, Andy, give us - Andy: You, you hadn't yet heard, have you?  CLM: No, Jeanne, out at, the County Parks Director, uh we, we got a letter from county, we asked them - first it was the county turned us down after being, acting positive about using uh their park property for planting trees so we get uh credit for having _ _ area, as opposed to having to go out & buy the stream bank, buy stream bank mit bank.   & then all of a sudden, Andy McCord, the guy who they talked, came back & said no, we can't do it.  So I called the County Parks Dir, Jeanne Zakoosky, who uh had recently called me & asked me to help them out with something;  & uh, she said she'd look into it & get back.  She did & I got this email back;  it said, Oh no, we can't do that, uno (what I mean?)

 

In case you didn't know about it, (cell rings) there's a Fox Creek, a stream bank mit (cell rings) bank.  We can go look at  that;  but you, 'course we knew about that.  But uh, I called her again today to discuss that further 'cause it's really uh, her, their objection that, in the email, was that we don't want to let you do that because we have to, to (place?) that in perpetual esmt, Conservation Esmt.  & that means we can't do with what we want to with the property.  & we had a problem in Queeny Park where, because of Page Ave extension mit, we have to set aside part of Queeny Park as wetlands mit.  & now we can't do anything with it. 

 

Well, this is different.  They aren't gonna do anything with the river bank anyway;  but to plant trees on it, would enhance the park.  So I think she didn't get a proper briefing from somebody in her staff.  She's out of town all wk; when she gets back, I'll talk with her next wk about the possibility of still getting the county to pitch in & participate with us. 

 

10/21/02 Levee - Section  11 of  13

 

Andy:  &, & to backtrack just a little bit;  the, the goal was to try & get, settle the mit, close to the levee in VP so we get some of the benefit in the immediate area.   & so we were looking to maybe get some appropriation from MSD.  They were keen to help us, but they up & coming have, &, & I don't know about this, they've got their own issues in terms of trying to find mit land for their own stream issues.  & so MSD kind of backed-out, but the County was VERY enthusiastic. 

 

& we put up a couple of suggestions as to where we could have some stream mit nearer, nearer VP;  get some tree planting;  get something going that could be helpful for the local cmty, as well as just for mit purposes.  & as they said, they, for reasons we don't quite fathom, they kind of turned that upside down.  But that was the goal, was trying, maybe to put less of it in the stream bank which is way, 13 miles away in Eureka (chuckle), & keep more of it, more of it local;  & that was the goal.  We're, we're still pursuing that as best we can & uh, hopefully by next wk mtg, we'll have, have some kind of answer on that.  We're still hopeful we can do something local. 

 

10/21/02 Levee - Section  12 of  13

 

DC:  St. Louis County was receptive to us?  Andy:  Very, very enthusiastic.  DC:  I know we had a mtg here, that uh, Eric & I went to with the COE & a fella from Intuition Logic.  Did you ever hear of him?  Andy:  Right, yeah.  TW:  Intuition Logic's a firm that does file.  CLM: Yeah, in fact, you might mentioned to 'em, Andy, about their study & how that could also _ _ _.  Andy:  Yeah, I'll bring that up. 

 

Um, Intuition Logic had been uh, cmsn'd thru a, thru, effective, effectively thru a US EPA uh grant-supporting program a few yrs back to do a study of Fishpot Creek;  um, & just kind of coincidentally ties in with what we're doing;  they're, they're due to publish in Nov.  & the thought was that um, they were looking at the creek to see whether or not it was - what could be done because everybody knows, it's in pretty bad shape right now.  There's a lot of, lot of gravel moving up & down, a lot of erosion, & basically, it a huge open storm water sewer (& exthole or & next to all?) developmts taking place in VP, well all we know, is now it's a little up, upstream. 

 

&, & they're pub, they're, they're due to publish in Nov.  The thought was that, ok, they're gonna come up with some ideas about what we could positively do with the creek.  Well, maybe some of those things could be used as mit for the uh, for the VP project.  Particularly, as VP owns a good deal of land being, & uno, I never remember the name of the park - DC:  Uh, Vance Trails.  Andy:  Vance Trails, yes;  particularly as, as the city owns a good deal of land in there, &, & a good stretch of the creek is in that, is in that park.  So that was the idea, again, to try & keep it in VP;   try &, try & get some benefit for the city & don't move it out to, uno St Louis County way the (chuckle), way the other side of - CLM:  & hopefully, at a reduced price too, less cost. 

 

Andy:  So, so we're, we're lookin' fwd to seein' there,  there where we went out on-site & had good, & had a good, pretty good mtg.   & I think this, hopefully, there's some positive uh - DC:  This fella had some very good ideas - Andy:  Yeah.  DC:  on, on the Fishpot Creek issue at, I thought he did.  I don't know whether - EM:  Well, parti, I mean the low-water bridge, he just hated it;  they just _ _ -  DC:  Yeah, they _ - EM: _ _ - DC: low-water bridge, uh, they didn't like it.  ?: _ _ _ _ -

 

Andy:  It's caused an enormous amt of, of further erosion for the - DC:  Right, I mean they were, they're talking about doing something, improve the low-water bridge & put a walkway bridge over, up & get that thing where to, to keep the erosion on the down part, on the down side of that -  EM:  Evidently, they said we couldn'tve done a worse thing.  (EM & others laughs)  He did, so.  Andy:  Of course they changed the dynamics of the river in a very negative way. 

 

CLM:  Tell him it was the best of intentions, you never know what you're gonna end up with.   DC:  Right.  Andy:  & by the way, I should say the COE seemed interested as well as some of them, some - DC: Yes, they did;  I, I was very surprised at that, that mtg, the COE was with us, was really interested in some of the things that he were, that he was talkin' about.   Andy:  We'll see what happens in -

 

TW?:  Was, was (Danny?) there?  DC:  I mean that, uno, &, but -  TW:  Was Da  -  DC:  So maybe we're movin' in the right dir, direction on this mit thing, & keep it in, in this locality anyway, rather than - Andy:  Mike Daily was there & Ken uhm - TW:  (Danning?) was there.  ?:  Tim _ _ _ -   ?: Dahlrymple.  Andy:  Ken Dahlrymple, yeah.  CLM:  Ken Dahlrymple is - Andy:  Ken (Downey?) has kind of delegated this to, to Mike Servall.  So we're hopin' - TW:  Was it, was Robert Praeger there or Bob Praeger there from _ _ - Andy:  No, uh Mark was there.  DC:  Workmeier?  Andy:  _meier.  DC:  He was the fella that was here for _ _ _ (down the street?) (bidwell?), ok.  ?:  _ _ more on that.  DC:  Well, I guess if nobody has anything else.  TW:  Give me a call tomorrow;  _ _ talk to you briefly about that low-water bridge.  I'd like to _ _ twist on -

 

10/21/02 Levee - Section  13 of  13

 

DC:  Nov 18th,  uh, same place, same time;  everybody will get a packet.  Maybe, & Mr. - maybe we'll have - RH:  You won't have a quorum;  I'll guarantee you that.  (CLM laughs)  ?:  It's deer season.  DC?:  Oh, that's right.  (some say: Deer season.)  RH:  Might as well cancel.  DC:  Well, I mean, you just have to - RH:  You can call it, but - ?: get your priorities straight, Dave.  DC: I was supposed to go turkey huntin' - ?: in VP - DC:  leave Thurs _ _ morning, & I stayed home just for these mtgs _ _. 

 

RH:  I was up at my farm all wk & I didn't even hunt, Dave;  I worked.  DC: Shame on ya, shame on you, ok.  Nov 18, whether it's deer season or not;  you can either vote by proxy or whatever, uno.  & uh, for the people, for the members that are here, uh, kind of talk this up for to get this floodplain uh rep, the citizen floodplain rep because I think it's important that we have somebody from the floodplain as a citizen on this thing, 'cause now we're gonna get into, to get - MM: You could pass an ordinance that they just don't have to be a citizen in the _ -  DC:  Uh, yes, you do have to be a citizen.  MM: I mean you could pass an ordinance to repeal that.   DC:  You have to be a citizen in the City of VP to be - DS: Don (Jack?).  JW:  Maureen, you need to be in your house.  DC:  Oh (laughing heartily), I, I may, I may axe that one.  EM:  Well, that's a good i, uh, we could have 10-hr mtgs;  right, yeah!  DC:  Well, he'd talk everything, but about the levee.  ?:  _ _ _ - DC:  Could I have a motion to adjourn?  We don't really need one, but I'm gonna adjourn the mtg.  DS:  Mtg's adjourned.  DC:  Mtg's adjourned.  _ _ _ _.