MOPR'S  11/18/02  VP  LEVEE  CMSN   MTG  MINS

 

Notes:  (No time for any now.)

  

Present:  DC, RH, DM, RW, DS, JZ, EM, & BW (Bob Walls). 

 

Also present:  Kirk Carson of PH Weis, Jim Mitas of Congressman Akin's ofc, Andy McCord of Purdy, & Karen & Douglas Thorson.


11/18/02 LEV - Sec  1  of  2

 

MM:  Eric, If we don't have a mtg, is it ok if I still record or should I - EM: Do what you want to do.  Karen: Yeah, I'd record it to find out why they're not gonna have a mtg.  DC:  Lancaster gonna be here?  RH:  He said he had ah personal business, his family business as far as the mtg tonight.  MM:  Eric, Is it legal for me tape record what we talk about.  EM:  You do what you want to do.  Karen:  As a citizen, you can do what you want to.  MM:  (to EM)  So I have your permission, thank you.  RH:  _________ buck fever.  DM: Jeff called & said he was delayed because he's working on ________ ____________________________________ .  DC: We'll give ‘em a few more mins.  EM:  CLM's wife just got out of the hospital;  she had a burst appendix.  DC: Yeah, he called;  CLM won't be here.  Karen:  I hope she's ok;  has anybody heard?  EM:  She's fine _____ .  (others' various miscellaneous comments & RW arrives)   DC: (to RH) You said at the last ald mtg that you was gonna be here.  DM:  The others said they would too.  DC:  Rob wasn't at the mtg. - (more misc comments) 

 

EM: We may have a quorum now I guess.  I'm never sure how many members are on this & not, but - DC: Well, let's go thru here.  We need one more - if JW'd be here.  Karen: My husband can't hear anything, he could sit there.  EM:  Did you count Dan?  Dan can be a voting member.  DC: No, he's not a voting member.  EM:  Not according to the ord.  DC:  He is not a voting member, according to the bylaws or whatever they set up, that he is a non-voting member.  Well, I'll call the mtg to order.  I don't think we'll have a mtg, but I'll call it to order here & we'll - it's 5 after.  I'll go thru the roll call here.  Rob Stuart absent;  RH;  JW absent;  BL, JH, Bob Walls - BWalls: Here.  DC: RW.  RW: Here.  DC:  DS.  DS: Here.  DC: (James Coberts?) DM.  DM: Here.  DC:  EM.  EM: Here.  DC:  CLM is excused absence;  JZ present.  Ok, well we only have 1, 2, 3, 4 here & we need at least 5 to have a quorum so we will not have a official mtg, but we will go thru the motions here & have some discussions.  Let's all rise for the pledge of allegiance.  (Everyone does, but I remain seated & will explain when allowed to speak.) 

 

DC:  Does anybody have any additions or deletions to the agenda?  I have some speaker things here, but I won't honor these tonight until we have an official mtg & that'll be probably next time.  No additions or - DM:  I just want to talk briefly on the schedule.  Jim brought it up last week & did a really good job at the Business Assn & I didn't think to bring my copy of it. (JZ passes out copies of his agenda from that mtg.)  DC:  You want to do that under Item 4B?  DM: Yeah, sounds good.  DC:  We'll do that under Item 4B.  We don't need to approve the agenda.  I just want - we'll discuss the Item 4B update.  DM: You're gonna talk about that anyway;  just go ahead & include it. 

 

JZ: We have 2 construction efforts that we discussed at the Business Assn Mtg on the 13th.  First is to clear the trees, essentially of the entire Item 4B area.  I think there are a few little parcels that aren't owned by the city, so we certainly couldn't get on those to clear any little tree thing, small amount of trees that would be on those.  But the bid opening is tomorrow, the 19th on that job, so that'll be an important day & we'll see what we can get for bids.  Quickly after that, it'll be awarded & we can work during winter months hopefully, & get the job done for us, get the trees cleared & burned;  it's part of the job as well. 

 

There are funds essentially available to do that work.  I guess I'll be diverting to the federal budget.  I don't know, there's a gentleman here from Congressman Akin's office.  Jim Mitas:  I don't have a bid update.  JZ:  I just didn't get your (Jim Mitas states his name.).  Ok, I will just say that the federal gov't is operating under a continuing authority resolution er continuing resolution authority;  that's ____ CSR.  We don't have a budget for fiscal yr 03 & based on last yr's funds, we know we can spend kind of in the same level as last fiscal yr.  We should be able to get the funds for this tree clearing contract as we need them.  That's the plan & shouldn't be a problem. 

 

Now going from that one to the big Item 4B contract which includes, I didn't bring my drawing this time, but the lay of it includes everything from on the west side - there's a section of the project that hasn't been constructed yet & it's on the west side.  It's from the Union Pacific tracks, over west of Hiway 141 & then around all the way along the Meramec River to St. Louis Ave on the east side.  That job includes an engineered fill & includes 3 gravity drains & some normal levee, which would be a, you know, a clay-fill levee as well as relief wells & things like that.  I have a schedule that you see of the distribution of the plans & specs for this contract for review by VP & MDNR, St. Louis County Health Dept.  That's under #2 there. 

 

The COE has 2 different review teams that are involved.  One is called an independent technical review team & the other is what's called a BCOE team, which is a group that reviews this set of plans & specs for whether it's biddable by construction contractors, constructible, no problems with construction, operable, knowing can finish building it & it meets all the env'l requiremts.  All those kinds of things as well as eng'g things are reviewed by the COE team.  Once you distribute the plans & specs for review, you know like 3 wks approximately prior to a mtg, & then the mtg, you know, people come & bring their cmts at a big mtg at the COE's office.  Shortly after that, the project could be advertised in the fed biz ops which is a publication.  Basically it goes out to the public saying, er to the prospective bidders, saying here's potential work that's coming up.  We have a February estimate of completion of land acq by VP which needs to be accomplished prior to moving ahead with the const contract.  Then revisions are completed by 2/26. 

 

Before I get too far into this, I will just say something that's come up since I presented this to the business, since last wk, is there's some questions about, there's 2 options about draining AL.  One is a pipe that goes under the RR over to Fishpot Creek.  Our other option is a pump option that MSD recommended that we consider as another alternative that might do a better job & be less expensive.  There's some question about the design of that pump option meeting the schedule & I just don't have any revised dates at this time, but this has just come up & I wanted to let you know there's some question about that & I need to get that set.  If we go with the pump option, it could cause a slight delay, or could cause a delay, so just be aware of that. 

 

We got a 2/26 date on this for completing the plans & specs revisions.  & then prior to our doing the things under the bold sentence there (VP's completion of all land acquisition for the contract must be certified by Corps real estate personnel, & additional Federal funds must be provided for the remaining actions to take place.), but prior to 3/26 when we issue the plans & specs to the bidders, we actually hand them sets of plans & specs for their bids.  Prior to that happening, we definitely have to have all the real estate for the contract in place as certified by the COE as being available.  & also, we need fed funds for the projected needs for this contract, fiscal yr 03.  That level of fed funding would take a congressional add to the budget that has been prepared & proposed by the president for VP, fiscal yr 03.  & I know you're aware, it's been discussed at all the mtgs in the past few mos that - I believe CLM has given reports on this, that the Senate side is supporting some added funds & I believe the House side also has supported some added funds for this project, but the budget itself hasn't been passed because of, I guess other priorities in Washington.  Anyway, that has to happen before we can issue the plans & specs in March.  I understand the last continuing resolution passed by Congress takes the budget thru into January.  There's no permanent budget yet;  there's just continuing resolutions that fund us thru, provide funding thru somewhere in the middle of January.  That's about all I can say about the fed budget at this time & that's really what I need to say about this schedule ______ .

 

DM:  Jim, How much money's in the budget for this yr ______ asked for 5, 3 or 5, was it it 4.2 _______?   JZ:  Umm, I believe it was, you know the president's budget was I believe 600,000 & I believe the congressional adds, I don't remember both House & Senate side, but I think they were in the neighborhood of $4M, you know the total __________ .  Certainly it was enough money to support this kind of contract this fiscal yr because we wouldn't be starting until the summer & then there would be that many months to have earnings, ok.  DM: Ok, tks.  BWalls:  That's 03 you're talking about?  JZ: Yeah, the federal fiscal yr 03 starts 10/1/02 & runs thru & ends 9/30/03; it doesn't follow the calendar yr.  Based on this schedule, we have a notice to proceed in June.  You would have earnings that really start in July;  you have July, Aug & Sept, & that's the 3 mos that you have to have federal funds - BWalls: for right now, for the fiscal yr 03.  JZ:  Right.  BWalls:  We should be that 4 point ___ - JZ:  Which, if the funds are provided as congressional adds, then we should be, you know, have all the money that's needed for this contract on this schedule.

 

BWalls:  You talked about this first part of the contract, when it's thru the trees - the trees are not over the whole area.  Is there a certain area that the trees are in that _________ the bats?  JZ:  Basically, wherever there's woods in the footprint of the area we're gonna be doing construction, that's - BWalls:  Can you clear the trees without owning the property?  JZ:  No, this contract only includes properties that are owned by the city & that is most of - BWalls:  So then you'd have to go back a yr from now & finish the clearing of this?   JZ:  There's really very few areas & I don't think there's a problem as far as I know of what we left out of this contract.  For example, all the land along & including the glass factory & over to the River Rd is owned by the city.  So that whole big area is gonna be cleared out in the area that we specify.  Not everything between River Rd & the g/f is gonna be cleared, but there's a certain area under the footprint of our project that would be cleared.  BWalls: So from the RR tracks east to the east closure gate, you'd be good on all that?  JZ:  Yeah, basically.  I think there's just a few parcels, aren't there, Eric, that are like temporary easements & other things that are not acquired yet, but the main const area is all - BWalls:  It's all secured.  JZ:  There's parcels in AL that aren't - BWalls: I'm just talking about from, you know, the east end up this way.  That's where the majority of the trees are at up there.  JZ: Right.  Any other questions?  (no response)

 

DC: Weis have any questions about this or have anything to add to 4B or anything - surveys or anything that you've done or anything?  Kirk:  I'm getting my surveys back on prop in between River Rd & the Meramec River that's needed for the outfall (someone coughs) surveyor has indicated that  no add'l prop is needed for the 3rd St outfall.  & ______ at the 5th St outfall right now.  So I should have those ROW determinations within a wk.  COE had asked me to come up with some top grades & flow-line grades for some of the, for some existing structures between Marshall Rd & River Rd. The survey crew is working on that currently.  I have some grades I got this afternoon about 4:30, um on Pharoah Dr.  I want to relay those to the engineers tomorrow.  DC:  You're gonna coordinate this with Eric & everything.  Kirk: Yes, Eric & I worked together as far as getting this survey set up.  I just got some results today & I'll relay those to the COE tomorrow.  (I apologize for interrupting & confirm his name.)  DC:  I have nothing to add on 4B.  Any other questions?

 

11/18/02 LEV - Sect  2 of  2

 

EM:  _______ on that.  I'm awaiting COE approval on appraisals on Simpson, Wallace & Kirshner properties;  that's all basically temporary easmts & some permanent levee easmts behind the ball fields.  I'm awaiting a letter from the COE re the Meramec Shopping Ctr.  The current land needs conflict with the shopping ctr owner's desire to keep the lanes in his back open as long as possible.  He wants some reassurance that it's not gonna be a 2-yr project in back of his bldg because he's got fire needs, access needs & whatever needs he's got.  RW:  That's actually a designated fire lane.  EM:  I, I know & clearly, half of it's gonna have to be left open at some point to accommodate the fire equipment.  RW:  All of it.  EM:  Well we can't.  I mean we've gotta run a pipe right thru it.  RW:  Oh, temporary?   

 

EM: Yeah.  JZ: Yeah, it's a temporary construction job that we'll have to put a pipe thru that back area in between the bldg & the edge of the pkg lot.  Let me just _______ for a second.  Eric has asked for this;  I mean normally, a construction easmt is, for other projects, you know we, when we don't know when the contract is gonna start, you know we, we put it, you know for yrs, you know we've got the, we have the right to work on these people's prop for, you know 3 or 4 yrs or whatever it is.  I think some of Eric's temporary easmts have been for the life or the duration of construction or something like that in other locations in the project area.  This particular location, you know there's a storm drain that has to go between the bldg & the edge of the pkg lot & that's one piece of the work.  & then there's a levee embankmt that's behind this pkg lot & then there's a concrete wall, a section of flood wall that is built on top of the levee in this particular location.  & that generally involves driving sheet pile & then later on, coming back & putting the concrete wall on top of that sheet pile to dress it up & so forth.  & that's the permanent facility.

 

We talked - it's the kind of an operation that won't, that may take, there may be a long duration while we're doing work on this property, but the actual individual jobs won't take that long to do.  So we're thinking that we would probably, for, for the benefit of our contractor, say we want a temporary easmt ________ cover the whole const period.  But in our order & coordination work, where we describe what the contractor has to do, we will set some limits like once you, once you start work putting the sewer in, you must get it done in a certain fashion quickly & close it up so that the owner has an access & has the use of his prop.  To eliminate this possibility that, you know you could open up something, let it sit for 2 yrs, which surely wouldn't happen ok.  But we also want the period of time to be a long period because you could come in & build, we could put the embankmt - now we want it to settle & what's underneath the embankmt, the foundation, whatever settle because of the extra weight of this levee is put there, sheet pile, we want that to all settle for a while & come back later & put, toward the end of the contract, & build this concrete wall.  That's the best way to handle that, so we want to give our contractor the right to have the whole construction period.  Just haven't had a chance, but I think that's basically what the lawyer is gonna say to  Eric at that point.  You know we want to have the whole construction period for our contractor that has a right to work, but we will coordinate with Eric & with the owner about some reasonable language to give our contractor instructions about how to operate while he's on this job.  So that's kind of where we are.

 

EM:  &, & I'm not at all optimistic that that's gonna do the trick with the landowner, but by the same token, we're trying to make every effort to accommodate him.  I'm still waiting for legal descriptions on add'l prop that's necessary for the US Cotton Co plant, uh RR, uh legal descriptions for both Burlington Northern & Mo Pacific.  I think you've got those plats downloaded.   Kirk?: _______________ .  EM: Then I need legal descriptions for the temporary construction easmts for the Pyramid props over & above the lands that we have already.  & a legal description for the uh Young prop pipeline.  I don't know if you caught this, it's a new addition that they're, they moved it over closer to the RR tracks & it's gonna encroach a little bit, but they moved it around the footprint of his structure so we've gotta work both with the RR & the Young prop. 

 

I, I believe I'm probably gonna have to end up filing a condemnation suit against the shopping center & a Lillian DeWitt piece of prop that's at 1007 Pyramid.  We are in condemnation on all the Arnold's props, save Richard M. McGhee's prop.  I have a commitment & I'm ready to roll other than, I was hoping to get approval tonight to release the funds & I don't know, the mayor & I'll talkI thought at our last mtg, the mins should've reflected that we're authorized to go ahead & disburse those funds, but I couldn't find the mins of the mtg;  they're not in the packet.  DM:  Um, Pat sent ‘em out separate, so - EM: Double pack.  DM:  Double-pack, exactly.  EM:  Alright, well, we can talk about that.  MM:  Did you buy the whole McGhee prop?  EM: (ignores question)  We have um, Dec 3rd is set as a viewing date for um, all the AL props & at that point, we'll have a hearing & at that hearing, the cmsn will determine a price on the props & then I'll hand-carry their order in & from there, we get a, ah we know how much money it's gonna cost & then we ask the court for possession once we pay our money in.  So that end should be coming very shortly. 

 

We do have one prop owner, Maureen Morris, whose atty has filed, or is about to file, I've been orally told, what's called a Writ of Prohibition.  That's an attempt to shut down the process of the Court of Appeals, pending some legal issues.  They're rarely granted.  I'll just keep everybody posted on what happens with that.  I do know that they're gonna try to seek to, to uh stop this hearing process & the judge is coming back into town this wk.  So we'll see what that's going to ______ .

 

DM:  Eric, did you say we're close on the Maurer, behind there, or is it - EM:  You know, I -  DM:  If we have to condemn, how would that delay this date next Spring, or - EM:  No, no, he's just a different, he sings a different tune.  It's, it's a pain in the ass because when you condemn property, you've gotta condemn ALL the interests.  & there's a lot of liens on those props & the worst part is, you have to serve all the tenants.  So you have to get all the tenants, all the prop interests, all the lieners, anybody.  DM:  You can't just condemn that little strip that we need?  EM:  Yeah, but see they all have some sort of interest in that & so - DM:  Oh, so everybody owns a small piece of that - EM:  Well, it's not owning, but they have a real estate interest. It's like if you're a tenant - DM:  They have an interest in it.  EM:  Precisely, but in the whole, in the thing as a whole, so it's a big, big long lawsuit & a lot of people over - & you hit the nail on the head;  it's a very rather small piece of prop, but the bulk of it being a temporary const easmt.  I think there's only, what $30 or 40,000 at issue here, but he's just really tough.  He's always been historically tough to, to deal with. 

 

& this other lady, Lillian DeWitt, she's wanted, I think she wanted $40 or 50,000 for a piece of prop she traded for a burial plot, I think 14 yrs ago or something like that.  So that __________ out there.  & I guess the last one, we'll see about this outfall.  I don't know who the 5th St prop owners are out there & we'll see if they're gonna be reasonable or not.  DC:  Is that on the south side of River Dr?  EM: Yeah, I think it's 2 parcels in there & I couldn't, they've got PO boxes & the name didn't even ring a bell with me.  I looked ‘em up in the phone book & there's no address, so we'll have to track ‘em down some way.  Obviously they pay their real est bills ‘cause they're __________ .

 

DC: That finish for you, Eric?  Ok, I think we covered fed sponsor funding & city cost share of the project & total project cost.  I think we covered that.  I guess we have another levee mtg on 12/16/02, 5:00, same place.  There's no motion to adjourn;  I mean we don't have a mtg, so thank all of you for coming.  You all have a nice Thanksgiving.  MM:  Eric, did you buy-out all of McGhee's prop?  EM: No.  MM:  You just bought part? (he nodded yes)  Thank you.    (end of 11/18/02 Levee Cmsn mtg)