MOPR'S 5/19/03 VP LEVEE CMSN MTG MINS

 

Notes:   COE abbrev, S&A = Supervision & Administration.

 

Present:   BW, JKB, DS, DC, CLM, EM, JZ, TW, DM, RW. 

 

Also Present: Jim Mitas from Cgsm Akin's office (left at 5:45);  Tim Caldwell from the COE, a former VP Levee Project Mgr;  Andy McCord of DG Purdy;  Vivian Blackman, VP resident & business owner;  Pam Kettler, VP Parks Coordinator;  & DA. 


5/19/03 Levee - Section  1 of  19

 

DC:  ...order at 5:06.  (roll call, see above)  DM:  JW called me & said he's gotta work late, so he has to be excused.   DC:  Ok, BL, he's been uh, uh reappointed;  he's not on here any more.  Mrs. Thorson will be the (DM spells name) - I'll get a card up there from her & better give it to Terry & get her on the list & take Bill off.   Uh, the 2 ald from the 1st Ward, if they'll - we need to come up with a uh, new uh, floodplain rep.  That's a voting-member position, so needs to be, even yourself, mayor, if you or anybody in the 1st Ward would -  (Pledge Allegiance) 

 

Anybody have any additions or deletions to the agenda?  DM:  Like I said, I guess by this lawsuit, just make sure the status of the Meramec Valley Plaza, Maureen Morris, DeWitt & McGhee - assume we'll discuss all that,  _ _ _ _ on that.  DC:  I guess that'll be, we _ _ under Item 4B.  ?:  This part right here.  DC:  Ok.  I have one addition, be D, it's a the DNR permit;  we'll bring it up under Item D, 7D.  Any other?  If not, I need a motion to approve the - (pause)  DS:  So moved.  DC:  Need a 2nd.   RW:  2nd.  DC:  I have a motion & a 2nd to approve the agenda for 5/19 mtg.  All in favor?  (some, possibly all aye)

 

Uh, do we have mins?  EM:  I didn't bring mins from the last mtg;  & 2, 2 mtgs ago, I got in, 'cause I had court, I came late, & I thought the mayor did the mins;  & he said no, that maybe you did the mins.  DC:  No, no I wasn't here 4/21.  Uh, the 17th - EM:  I took mins on the 17th _ _ - DC:  You did?  4/21, I wasn't here.  DM:  DId you take mins on the 4/21 mtg?  EM:  Well, maybe it was the mtg before that then.  DC:  Feb?  DM:  April - EM:  Yeah, must've been the Feb mtg.  DM:  April is the one that you were gone.  EM:  Ok, it was the Feb mtg then.  DC:  April is when I was gone, yeah.  DM:  Ok.  EM:  So we're missing the, we're, we're missing the Feb mtg.  DC:  Feb & March 17th & - EM:  No, it's, it'd be March, the March mtg.  DC:  March mtg?  EM:  Ok, that's the one I didn't take mins on.  DC:  Ok.  I don't - EM:  & I think I brought Ap, the April ones the time before; uh & I'll get those to you.  DC:  Ok, ok, we'll just hold off on the mtg mins till we get 'em. 

 

5/19/03 Levee - Section  2 of  19

 

Uh, discussion items for this mtg, uh Item 4B update, uh, uh, Item 4B, uh, I guess is that item uhm, Phase 2?  JZ:  Well, it's really, I think it's the tree clearing & that's called 4B, tree clearing & then it's the -  DC:  Ok, I call it Phase 2 on this one.  JZ:  Yeah, that's fine.  DC:  & Phase 3, so uh, update on Phase uh 2, Item 4B, Phase 2;  you all got a report uh that I gave out & you can see what went on.  If you have any ques, uh on my report to the Levee Cmsn, I'll entertain anybody that's got any if they want to. 

 

5/19/03 Levee - Section  3 of  19

 

Ok, any other Item 4B update?  JZ:  Yeah, I, I've got a list of things to go thru.  Um, if you don't mind, I'll go first here.  DC:  Go ahead.  JZ:  Uhm, I, I made my list in chronological order from things that happened since the last Levee Cmsn mtg which was held on 4/21. 

 

On the 4/22, COE sent a letter to the MDNR, addressing uhm, all the conditions they had given as far as approval of this plan to do eng'd fill to build uno, the eng'd fill using the g/p material.  Uh, they had approved that plan with conditions.  & a letter went to them, as well as uh a copy of the same letter went to MO Dept, to uh, St Louis County Health Dept, who also had approved this plan & set some of their own conditions.  

 

So it's a 7-page letter that addresses each one of the conditions, & then uh, at the end of it, it attaches a uhm Storm Water Pollution Prevention Plan which was required uh, by MO Dept, er was recommended by MDNR.  So that was attached to the letter.  So that, that happened on the 4/22. 

 

5/19/03 Levee - Section  4 of  19

 

Uhm, on 4/24, I've talked with DM about our FY 03 funding situation, the fact that um, the COE had federal funding this FY, what we call our Work Allowance was $2M446K  & because of a severe shortage of funds within the St Louis Dist & within the COE in general, managemt has transferred out of the project, uh $885K.  That happened since the last mtg.  & that leaves in the project $1M561K, ok. 

 

DM:  So how much is left, Jim?  JZ:  $1M561K.  Uhm, at the time when I talked to the mayor, I mentioned that uno, not, not all of the $885K would've been used this FY, but we do need, at that time I said $150K, but actually the # has increased since then.  We need certain amts of money;  we need about $184K we expect this FY.  & managemt is committed to refund that, or try to get those funds back uno, as we need them.  Basically, they're funding other contracts, other work, & they're expecting to get transfers in July, Aug, Sept, in order to uh, have us make all the progress we could possibly make on this project.  So that's, that's info for you to be aware of.

 

CLM:  Bottom line, Jim, is, all this transferred money in & out, will not affect the progress on the project this FY.  JZ: That's, that is the plan, yes.  CLM:  Ok  JZ:  Ok, but uno, you want, we want you to be aware of it. 

 

5/19/03 Levee - Section  5 of  19

 

Uhm, on 4/25, I sent uh JW a typed schedule for the, for the project, for uh, for the contract Item 4B that he had, he had requested that at the last uh, Levee Cmsn mtg & I'm, I suspect he may have made that available to the Bd of Ald.  I'm not sure what he did with it, but it's the schedule that we've been talking about for quite a few months now.  Uhm, I'll just, if you want me to, I'll run thru it or uno: 

 

5/16, the synopsis of the, describing the const contract would be sent to the publication called the Fed Biz Ops;  on 6/2, the COE Real Estate office would certify that all the lands are needed & all the relocations have been arranged for this contract;  on 6/16, the COE would issue the, what they call the Solicitation, which is the P&S & the contract to the const companies & solicit their bids;  on June, uh, 7/14, we would open bids for this contract;  on 8/11, we would award the const contract;  & on 8/25, issue the Notice to Proceed to the successful uh, bidder that, the contractor for the Item 4B contract.  So that's the schedule that I gave to uh JW.  Uhm, just another copy of -  

 

DM:  _ _ _ if anybody's filing any protest?  I know you said something in the past about  linking the wells or something.  JZ:  I haven't heard any discussion about that happening lately.  DM:  You feel pretty confident we're gonna give it a go of it  8/25?  JZ:  Yeah, let me, let me just go ahead with, there's a few more things that'll, but yeah, I'm not aware, mayor, of any uno, real threat that we're aware of  - CLM:  Seems like, if I could add, uh Mr. Mayor, I discussed that subject with some others with Joe Kellet, the Deputy Dist Eng, & they're well aware of it.  This was possibly at one time, but does not appear to be a problem any more.  DM:  Ok. 

 

5/19/03 Levee - Section  6 of  19

 

JZ:  So I mentioned that right now, we are, our est is that we're $184K, we need that much money transferred back in the project & before the end of the FY.  I will say that uhm, uno we have a, an idea of how we need, how we need these funds & when we need these funds.  Our est of the contractor earnings - uno I said the award, uno the award is 8/11 & the Notice to Proceed is 8/25.  Uno the contractor is really gonna start working in Sept.  & we uh, our, our const people think that he may earn between $50 & $100K, ok, & - DM:  Till the end of the FY?  JZ:  Till the end of Sept, yes, uno, one month basically.  DM:  Alright. 

 

JZ:  & we don't know exactly what he's gonna earn, obviously, but uh, right now, I'm, I'm thinking that 50K of his earnings will be paid for by the fed gov't.  & if, if we need more money, I would come to the sponsor & ask you for $50K.  Ok, & there would be a basis for that which would be that uhm, our cash contribution required for this FY was based on a certain est'd cost.  & really uh, we may be spending about a Million more than I est'd. 

 

& so we would need 5% of that which is $50K & so I would send a letter & ask for the money.  & I would certainly try to do that in time to give you a notice of that.  &, & in fact, you have, you have money sitting in the escrow acct at this, this point in time, ok. So, anyway, that's just something again to, to be aware of.  Uh, we'll have to see how everything goes & I'll keep you informed on that. 

 

5/19/03 Levee - Section  7 of  19

 

Uhm, next 2 things I've got is we had, we had an In-Progress Review which was uno, the COE is working with the city to, to kind of review our uhm, lands & relocations, uh land acquisition & relocations uh, efforts every wk now. 

 

We met on 5/6 here in the city hall & met with uh, at least we have 2 of the utilities here, we had uh AmerenUE & we had MO American Water Co.  & I'm not gonna go into all that mtg, but we, we had, I thought a very progres, uh positive mtg & made some good progress at that mtg. 

 

Uh, we also had an In-Progress Review mtg on 5/13 & uno, further discussed where we are on land acq & relocations.  Again, I'm not gonna get into that. 

 

5/19/03 Levee - Section  8 of  19

 

Uhm, ok, on 5/16, last Fri, uhm, our Contracting ofc sent out to the Fed Biz Ops, that publication, uh a synopsis for this Item 4B contract.  & I thought I would just read this to you;  it's pretty brief.  Um, this has, this has gone out now;  this is available for all the contractors who are interested in this kind of work. 

 

Says Valley, says flood protection project Meramec River Basin, VP.  The work consists of (dizometers?), removals & debris clearing, clearing, grubbing & stripping crushed recycled concrete & eng'd-fill materials, embankment & excavation, geotech style & silt, filter fencing, stone protection, steel sheet-piling, pipe culverts & storm sewer const, ground water, storm water control & uh, surface water control, reinforced concrete pipe, relief wells, establishment of turf, concrete work, metal fabrication, plastic fabrications, painting & sluice gate & gate hoists. 

 

CLM:  Disassembled ditch-digging job, right?  JZ:  Yeah.  (BW laughs)  JZ:  The solicitation will be issued on or about 6/13/03 via the web & uh compact disc.  Bidders must register on-line with the COE.  This solicitation is unrestricted which means anybody can bid on it.  & the cost range of the project is over $10 Million.  Ok, so that's the word that went out to the contracting public.  CLM:  Jim, would you anticipate, based upon the status of the const industry business, that you get pretty good bids for this type work? 

 

JZ:  I, I just don't know for sure.  I mean I, we had good bids in the past for other projects, so I certainly hope so;  hope we have a lot of interest.  CLM:  I would think so.  DM: Jim, is that $10M what we est'd 4B to be?  JZ:  No, it, they always give a range.  DM: _ _ _ - JZ:  They always, this particular notice that goes out, they don't try to tell the actual amt.  They just give a range & I guess the ranges are, uno, I don't know what they are, but maybe it was 5 to 10 & then over 10 is one range.  DM:  Ok, so over 10 - JZ:  So it's just giving out, uno, giving 'em some idea of what, uno, what the size of the contract is.  CLM:  Generally - DM:  You're sayin' it's gonna be more than _ _ - JZ:  Only, all we're saying is it's more than 10M we think, uno.  DM:  Ok.  JZ:  There'll be a, there'll be a, an official gov't est prepared that will be compared with all the uh, all the bids that come in. 

 

CLM:  That info is put out generally, so that bidders can take a look at it & decide it's just too big a job for me or if it's not too big a job.  Some of 'em may have a problem, for example, getting a bond, more than what they're used to doin'. 

 

JZ:  Uh, another related activity is that um, we have tentatively set a site visit for this contract which is on Wed, 6/25, at city hall - & I know Vic James has called city hall & arranged for, for the use of this room on that date - uno, a site visit, basically, is an invitation that goes out to everybody who's uh, basically, it goes out to the public again, saying there's a site visit on this contract & you're encouraged to attend uh, all the, we hope that as many prospective bidders come as possible.  & uh you have a mtg to discuss the P&S in some detail;  then you go out & look at the job;  come back & answer ques.  CLM:  What time is that, Jim?  JZ:  9:00, tentatively set for 6/25, 9:00.  CLM:  25th?  BW: _ _ was 5/16.  JZ:  No.  BW:  It's 6/25?  JZ:  6/25. 

 

TW: Does the uhm, does that just go to the plan holders of record?  DM: (background)16th is when they send a letter to the contractor office _ - JZ:  Umm, I'm not absolutely sure.  TW:  or was that _ _ - JZ:  It certainly - TW:  the public?  JZ:  would go to all those people.  Uno, it's really meant for the people who are planning to bid on the job. 

 

?:  Right.  JZ:  Yes, it's an info mtg & they're certainly entitled to get as much info as they can at that mtg.  So, um, so that's, let's see what else I have here.  I have uh, today we sent an email to EM & it's really the first time that we're making this, the first time we have this info & we're making this info available.  

 

5/19/03 Levee - Section  9 of  19

 

& uh, let me start off this little part by saying that I've asked Tim Caldwell to help out.  Um, I'm gonna be on vacation starting Thurs & I'll be gone for 2, 2 wks & 2 days;  I'll be gone till 6/7.  Ok, & there's quite a few things going on right now & I asked uh, Tim Caldwell, our formal, former project mgr for VP, to be the, uno, intermediate uh, project mgmt, project mgr here.  CLM:  We appreciate that.  JZ: & uh, he's volunteered to do that & volunteered to come this evening to see if there's anything he can do to, to help or to learn about uh, any of the issues.

 

5/19/03 Levee - Section  10 of  19

 

Um, but we have, we've been discussing uh, relocations for, for quite a while & one of the relocations we've been discussing is the, the relocation of the emergency road that uh - there's an emergency, existing emerg road for the fire trucks, & I guess other emerg vehicles that, that is uh, essentially, being relocated over the levee.  & that is uh, a relocation that's the responsibility of the sponsor, ok, as, as per the Project Coop Agreemt

 

Um, really for the first time, we've got some est'd quantities & costs on this relocation & the, the costs are, are higher than I, uno, higher than I expected;  they're $132K.   Uhm - DM:  To move the road?  Move that emergency - JZ:  Yeah, what uh, what it involves is, is, is bldg a wider, a wider berm, I'm mean not, sorry, a wider uh, ramp.  If, if we did not have this emergency road, we would have a uh a ramp that goes up on the landward side of the levee near uh, the uh, the BN tracks & it would be just for operation & maint;  uno, just for, for inspections & for getting up on top the levee & _, & doing um, maint, & be, & to be up there during a flood. 

 

But uh, with, with the uh, the need to bring fire trucks up there, it's a much longer ramp;  & then on the, on the river side, there would not have been a ramp.  So this whole river side ramp would've, is, is considered part of the road relocation.  So the, basically, it's quantity of, of, of earthen material & uh quantity of stone that, that's gonna be on, on this, to be extra wide, extra long ramp & so forth.  & then of course it has to go up, uno, the ramp brings it down to River Rd & then fire trucks will travel along River Rd for a short distance & go under the RR bridge & under 141 & then it has to go back up again on the, on the side of uh AL, on the eng'd fill.  & there's a ramp there that takes it back up again.  BW:  & then back down again?  JZ:  Well, then, then it comes back down the landward side again, right. 

 

So, the normal way for, for the city to hire the COE to build a relocation, which is what we would be doing here, is there's, there's a real estate agreemt, uh that's already in existence & there's some kind of an amendmt that's done that, that describes this work.  &, & you agree to provide an est'd amt of money & then you actually put the money in, in the escrow acct & have it available up front.  & then when we open bids, uno, we see what the, what the bid amt is for, for the unit cost that we're dealing with, which is road stone & embankmt.  & if it's lower than the, the gov't est, than the est I'm, I'm providing here, then we give you money back;  & if, if it's higher,  you have to give us more money so that we have the money we need to pay that, for the road relocation.  So uh, the money would go in the escrow acct & then we just leave it there until we actually need it during const;  & up until that time, you're, you're receiving interest on it.

 

?:  Does your est include uh COE supervision too?  interest?  JZ:  At this, at this point, it just includes the quantities &, & the contingency amt;  yeah, it doesn't include anything for design or anything like that;  just the, the basic const cost.  So, uhm - CLM:  Would the city provide the design?  JZ:  Well, we've already got, we've already designed it, basically.  We've worked with, uno with uh, RW, & as far as uh - DC: _ the fire dept.  JZ:  It's been designed.  DC:  They've got it all, all designed on drawings & everything;  it's just - JZ:  It's on the drawings;  it's on the plans right now. 

 

EM:  So the only thing, I, I mean I would think we'd have 10% const, supervision, added onto that & I also believe the - JZ: I'd have to even think about that;  but right now, the est for const is 132K.  I think that's something for (chuckle) Tim to think about while we're gone. We're gonna have this agreemt;  we'll be uh, working it up &, & Tim'll be talkin' to you about it.  EM: Sure.  CLM:  Tim has a lower S&A than I think you do;  I think his is 1%.  (someone laughs)  JZ: Maybe so.  Uh, yeah.  I mean we'll be out there - EM: This is pretty much _ -

 

JZ:  We'll be out there bldg the levee at the same time, uno.  CLM:  Yeah, I'm gonna say - DC: We'll probably have the same contractor as - JZ:  It's the same contractor, same contractor - DC: gonna build the road as anybody else.  It wouldn't be any different.  JZ: It's a relocation;  it's all part of the same contract.  EM:  It's like we did MSD;  the same sort of thing.  JZ: Yeah, yeah.  CLM:  Sounds good.

 

DM:  It'll be the same contractor doing the ramp as the levee itself?  JZ:  Yeah, yeah, it's just part of the same contract.  It's just, uno, we want to separate out certain costs & get them reimbursed by the city, or get them paid by the city up front.  DC:  It'll be the same with, with all, like utility relocations.  What the contractor - JZ: Well, most times you're not hiring the COE.  When you hire the COE to do the relocation, we have to kind of go thru this process.  If you're hiring a, a utility, it's the same thing, but you're paying the utility to do it.  ?:  Right. 

 

BW:  The purpose of this road is basically the same as the existing bypass - JZ:  I'd say that's right.  Um - BW: now;  to get around if the RR tracks are blocked?  JZ: Rick says that the uh, traffic is, I mean when the, when the BN trains are on, sometimes stop on Marshall Rd, & I guess up a little further uh, north of there, & block off one end of town off from the other, & there are occasions when emergency vehicles have to, have to go around.  Is that right, Rick?  RW:  Yeah. 

 

An example last night, they had a train that actually broke down, it was closed down there for 2 hours;  happened 1:00 in the morning.  JZ:  So there, there are occasions - RW:  Didn't reopen till 3 something.  JZ:  when you need all your, all your equipmt at one end of town & that's the way - DM: blocked off during - RW:  I assumed;  I'd seen it on a road closings off a printer last night.  BW:  Where was the traffic diverted to?  RW:  I wasn't up at 1:00 - BW:  I thought you were up 24 hours!  (they laugh) 

 

JMitas:  Ques:  If you have a flood event & you have a train on the track & it breaks down - ?: _ _ - JMitas: but does not get thru.  Is that correct?  DC:  Well, it depends, depends on how high the river is.  JZ: Yeah.  DC:  If the river comes up high enough, there's gonna be no traffic because -  JZ:  There are actually occasions & that's one of - DC:  we'll close the gate on the RR tracks.  DM:  Before it gets close enough to worry about it?  DC:  Right.  RW: They're in a flood.  DC:  They're moved out anyway.  

 

RW:  We wouldn't be if the levee was up, but if it's flooded, uno, then we just gotta eat it then, if there's a train blockin' the rail.  But I don't want to be put in a position, uno, somebody's house is burnin' on either side of the RR tracks & we can't get there.  JMitas: Right.  RW:  & I brought this up - DM:  But Jim's sayin' that if the train's broke down on the bridge - BW:  At the same time a flood - DM:  when the river's comin' up -  JMitas:  Right, you wouldn't get around unless you have some other kind of overpass up this way.  You call in a different fire dist.  Is that correct? 

 

Now, what visibility does - I'm gonna ask detail here;  I'm sorry if this is the wrong place, that's ok;  but what visibility, when 911 goes in, does the fire dist that gets called have visibility of whether the river's up & the train tracks are blocked?  Or they get down there & say, 'oh, rats' & they lose...(exchange tapes)...DM:...you know if the river's up, so you know what happens, you'd have to re-route it.  I guess, Jim, they keep track of what's goin' on so if the river's startin' to get up, they know they have to go a different way then.  JMitas:  Or call a different fire dist.  DM:  Or call, yeah, 'cause if the river's up they couldn't take those ramps to get over there.  So they'd have to either call from the other fire house or another dist to get to a fire if it's _ -

 

BW: _ _ go underneath that viaduct underneath their other track over here, so if the train isn't long, long, long, you could get thru there?  JZ: The viaduct you're thinkin' of is under the UP - DM: _ that takes that out.  BW:  Oh yeah, yeah it - JZ:  I think maybe the viaduct you're thinkin' that it comes out near Vance Rd is under the UP embankmt;  but the BN embankmt is a, is an at-grade crossing, uno, both at Marshall Rd & over in this direction.  DC:  At Didian.  DM:  He's thinking of going under the BN River Rd, so how's the fire truck - BW:  Back over here, there's a - DC:  On Didian, that overpass at Didian.  DM:  Didian's at-grade there too.  DC: Fire truck goes thru that.  BW:  You gotta go over the tracks & under, & thru an underpass.  DM: Under UP.  BW:  UP. 

 

JZ:  Um, just another point is that uno, during const there's gonna be a period of time when you can't use the emergency road obviously.  But at least when we have it finished, have the const finished, it'll be there for, for the future. 

 

5/19/03 Levee - Section  11 of  19

 

DC:  Well, let me ask a ques;  are we gonna have the road uh, Kena, uh done before we can work on const of the levee?  TW:  We've got the survey finished for that area as of right now & we're plotting design of the road right now.  We've, because obviously, had to get all the legal uh, descriptions & all the other acquisition property done &, & we're workin' on that next.

 

DC:  Because we need to have that, which is city uh thing, but we need to have that done because when we close Pharoah, you'll be have no way to get to River Dr from the lower end of VP.  You're gonna have to have Kena finished, driveable, so we can get uh - Pam:  So Kena's gonna come all the way to River Dr?  DC:  Yes, maam.  That's the way, that's the way the plan is gonna be - TW:  _ _ _ _ that connection right now.  DC:  There's gonna be a connection there with that because we'll need to get to - ?: rock road.  Pam:  Is it gonna be a straight shot, Tom?  Is it gonna be straight down from where Kena is now, to River Rd or are you gonna cut over somehow? 

 

TW:  Uhh, I think we're gonna go, well, I'm not sure exactly 'cause we actually lookin' at what kind of pipe culverts we're gonna need because there's some drainage issues too.  DC:  Right.  TW: So we're gonna have a fun last wk.  DC:  But it will connect on, so that's needs to be, that needs, needs to be completed even for the fire dept to get to uh, River Dr even in a, without using the emergency road or anything like that if uno, to get down there.  TW:  That & the lift sta situation is our 2 priorities on this job right now since we've completed the property, working with Eric on the property part of it as we know it.  

 

DC:  But, Jim, do you need a list to make an agreemt to recommend to the BOA, the Levee Cmsn at this time, or do you wait, will we wait till you get the agreemt - JZ:  I think, I think if, if it's ok, I'd like to uh, let this real uh, real estate agreemt be used &, & have Tim uh work with Eric or whoever.  Probably, you're gonna be gone the rest of this wk, but umm - EM:  I, I'm in contact with my office by email & everything.  JZ:  Yeah, so ok.  DC: Then maybe by the next mtg, we can work an agreemt up -

 

JZ:  I think it'll be the 132K, but maybe we have to throw something in there for S&A, but I, I'm, supervision & administration during const, but I'm not sure, so sure we do.  ?:  Ok.  JZ:  Until, until we send in the final - EM: _ fire dist too.  I guess it's, it's really 132K, plus the S & A, plus 5% uh of the total overall project cost is gonna add on too.  I mean & it's all just an est, but - JZ:  Yeah, & that's, that's true.  I mean you're adding that to the TPC;  right. 

 

RW:  What do you wanna talk to 'em about?  EM:  Well, we'll just talk to, later after the mtg;  talk to you about it. 

 

5/19/03 Levee - Section  12 of  19

 

JZ:  The, the last item I have is, is I just gave EM a, a pkg that was just handed to me a few mins before I left.  That, that our real estate office has uh completed the uh, an agreemt uh with UP RR for, for the uh temp esmt & the permanent esmts assoc'd with tying our levee into their, to their RR. 

 

& our office has signed the agreemt.  & we've asked, we've got a letter here to Eric, asking that uhm, he has the mayor sign this agreemt & that uh, 2 checks be provided so that we could uh then send the agreemt & the checks off to UP for their signatures.  So that's something that has to happen also.  So that's all I have.

 

5/19/03 Levee - Section  13 of  19

 

DC:  Anybody else, anything on 4B?  Eric.  EM:  Uh, we'll go thru the property list if it would be appropriate at this time.  I'll update it as, as we go along.  (TW's ROW & Esmts Lists)

 

Uh, 6 Mer Valley Plaza, was uh condemned on uh 5/15.  Um, 101 Marshall Rd has been closed.  6 Arnold Dr was condemned on 5/15.  7 Arnold Dr uh, the property had been acquired thru condemnation.  8 Arnold Dr, the property was condemned on 5/15.  1 Arnold Dr, 4 Arnold Dr, 18 Arnold Dr, all have been acquired, uh as has uh, let's see. 

 

401 Marshall uh, I just returned the survey.  The, the property owner has wanted a survey as part of this deal & we went back & forth with the scope of the survey & uh, that.  Now we're just, he wants the certification on it changed & he sent an agreemt to me & I have counter-proposed an agreemt to him, but we're, we're in pretty much harmony.  I think this, once we get the survey certified, it's gonna be the last, last step;  &, & so we should close on that uh by uh, mid to late next wk.  Um 401, 501, same thing. 

 

Uh, 639 Marshall Rd is closed.  701 Marshall Rd is closed.  801 Marshall Rd is closed.  Uh, 180 Pharoah Dr, I, I talked to uh Gary Wallace on that Fri & he indicated that uh, uh Carla & Mike Wallace have yet to sign it & I think uh Russell & whatever his wife's name isUh these guys are professional racers & I guess they're hard to catch up with.  He told me he'd, he'd uh make every effort to press them &, & get that thing back.  Uh, they've had it for uh, about 45 days I think. 

 

Um, 9 Arnold Dr, that closed some time ago.  River Rd properties, uh, we've closed on that.  Kneip, Frederick, Darnell, Pace, Myers have all been closed.  Fowlers's been closed.  Uh, Walter & Mildred Richardson is in probate court right now & uh, I was told as soon as it would be transferred to a trust out of probate, that they've agreed;  & they have a, they have the deed;  so that's all in order to go. 

 

Uh, UP uh, I'm ordering the checks, uh, uh have, have a disbursemt request for the checks in accordance with the letter that uh JZ just gave me.  Uhm, BN, we do have the checks on that in-hand;  & I think we have a Right of Entry already if I'm not mistaken.  Don't we?  JZ:  Uh I'm not aware of that.  EM:  Oh, ok, well, we just have a letter saying we approved the plans, or - JZ:  Yeah, we have a letter saying we approve the plans, but we don't have the agreemt yet.  EM:  the track, the track master, or yardmaster or whatever.  JZ:  Right. 

 

EM:  Uhm, let's see, MODOT, uh, I have not talked to Miss Neuswaller for a wk on that to find out - I, I did give her a Right of Entry & uh, she indicated that they did not like that & want to do the full esmts, was the last I talked to her about that. 

 

Uh, 1007 Pyramid, uh that's been condemned & there is a re-appraisal pending uh, on the, the latest drawing which was done 5/8, & that was condemned 5/15. 

 

& then Beckett Valley Plaza closed.  CLM:  _ _ _ _ - EM:  Uh, well, the, the little plaza for the storm water pipes, yeah.  JKB:  What was the cost on that?  EM:  Uhmm, it came out to like 10 a foot.  Uhmm, John, it was, it was in the packet, the, the last packet;  I'm thinking 53K, something like that.  DC:  53, 50 something like that I think.  I think that's what you told me.  I didn't see the packet, but I think - EM:  Yeah, it was 10 a square foot, not a linear foot.  (ref Docs, VP Properties)

 

5/19/03 Levee - Section  14 of  19

 

DM:  So do we have all the properties, at least, not closed, but settled to where we're, they're ours to use or for the COE, & then we're JUST SETTLING ON THE PRICE?  Or (pause) - EM:  Yeah, I think that's a fair statemt, yeah. 

 

JMitas?:  Why wasn't it in the contract to proceed to be bid on that? 

 

EM:  I'm certainly gonna urge that the COE proceed ahead (JZ & EM chuckle)  Uh, the, the next step on the, in the condemnation process is uh getting these cmsnrs together;  & uh, I've gotten 2 of the 3 cmsnrs committed for a date on the 5th of May.  & my appraiser's gonna be ready;  I'm gonna be ready & 1 of the 4 lawyers uh, is available then, & uh, I have yet to hear from uh, uh 2 of the other lawyers.  So uh, I, I'm uh thinkin' that's gonna be the date that we'll have both the viewing & the - CLM:  You mean the _ _ - EM:  Uh, May, yeah, June the 5th, right.  I think that's a Fri or Thurs, I, I don't know, but whatever.  That's, that appears to be the date.  Uhm, & it, & it'll be an all-day affair I'm quite sure. 

 

Um, I'm also asking the uh, the Bd of Ald tonight ta, to hire uh a company called DRG.  It's a company that the city's had uh some past experience with uh, for uh the floodplain buy-out properties.  They offer property acquisition svcs. 

 

Um, Mrs. Morris' lawyer, in addition to representing Mrs. Morris, has also um, indicated that she is representing some tenants on Arnold's uh Landing.  & as a, a matter of course, we do have, or have to offer &, & provide upon request, a # of things under the Uniform  Relocation Act.  What one of those would be, uh we have to provide relocation assistance & that is, uhm, provide at least in a, in a general range, uhm alternate housing for these people.  Uh, this DRG Co, is, it's, it's a real estate sort of company;  they're, they're, this is, this is what they do for a living. 

 

CLM:  Specialize among those type of - EM:  Right.  You'll also entitled under the Uniform Relocation Act, to uh, incidentals as well as moving expenses.  Um, & you can In-Lieu, have what's called, it's a lump-sum payment.  

 

Um, to give you an example, Mrs. Morris' atty, &, &, & it's, I, I don't mean to impune her, it's, it's Tracy Gilroy represents these tenants.  Uh, when you have 2 people living together in a household that are unmarried, um, typically, if it's a unit, they're entitled to 1 relocation payment.  However, Tracy is, is demanding & claiming that these people do not live as husband & wife;  & so she wants separate moving, she wants separate relocation, & she made a demand of $5800 per person;  uh, plus moving expenses, plus uh relocation assistance.

 

& uno, I just, no way, that's just not, I, I don't think, I don't think that's proper.  & uh, but, but we do need, & I'm gonna urge the, the, the Bd to go ahead &, & uh contract with this outfit;  uh, cause this is what they do for a living & it, we've gotta provide it.

 

5/19/03 Levee - Section  15 of  19

 

Ummm, I'm coordinating with the uh, utilities with uh, the, the COE's utility uh relocation uh person, Carol Kritz, Kritcheck.  JZ:  Kruetzer.  EM:  Kruetzer, uh is her name.  Um, her predecessor is retiring, so she's stepping in the breach.  & uh the, the COE is, wants schedules of, of the uh relocations & I'm getting those from utilities. 

 

This is something that the city has to, to do & provide, & uh, the COE's uh, utility persons will review those & coordinate those with the uh, I guess the contractor &, & with uh the project mgr to make sure that uh everything's on track.  Uhm, & the, the last thing I'm doing is uh we're going thru all the deed work, uh, dating back to 1995 I guess, uh, & we're examining the deeds;  sending those to the COE & making sure that we've covered all the areas that, that uh, uh have been designated as property needed for acquisition.  So we would include both the footprint of the levee, plus uh, uh all the ancillaries that's necessary. & uh, I'm in the process of doing that with the uh, real estate acquisition folks, or real estate people.  Everything looks like it's on schedule.  It's all doable.  I don't think it's uh, a reach or a stretch any more;  gonna happen.  CLM: _ _ _ _.  DC:  I guess we'll bid.  Any ques? 

 

5/19/03 Levee - Section  16 of  19

 

We'll go to Item B, city cost share for the project & TPC.  Did we kind of cover that before?  JZ:  Um, as far as the total est, we, we haven't changed that for, haven't, not, not updated that for several months. 

 

DC:  Uh, any Item C, fed & sponsor funding for 03 & 04, is that (pause) - CLM: Uh, yeah.  Jim's already covered the 03 situation.  Uh, 04 situation, uh refresh your memory:  the uh Pres asked for $2M in his request for FY 04 beginning 10/1.  The COE has a capability for $7M & uh, we've asked uh, the Senate to go for that #.  & uh, Jim Mitas, who apparently had to leave, from Cgsm Akin's office, uh worked up a very, very strong uh letter to send to the Aprops Subcmte on behalf of Cgsm Akin;  really making a strong case uh for getting the House Aprops Cmte to aprop the full $7M. 

 

We don't know yet what, what's gonna come out.  But having done this for many yrs, I've never seen a better job of justifying an increase of that size, $2M to $5M;  particularly impressive.  I can say this 'cause he's not here, because he's new in the job, uno, & has never done this before, but it's a very, very strong uh case that he's made on our behalf.  That's about it for 04. 

 

5/19/03 Levee - Section  17 of 19

 

DM:  Generally, if we don't get anything above it, at $2M, do you know how far we can get into the project before we, we shut down for lack of funds?  JZ:  Uh, we wouldn't get very far.  We would probably have about $1M or, or maybe $1.5Mto spend on the contract & I guess we - BW:  On the $10M contract or there abouts?  JZ:  Right. 

 

CLM:  Well, the contract won't, won't all be earning.  JZ:  The contractor - CLM:  all of it in one FY.  JZ:  No, the contract is, we expect to go over 2 FY's.  CLM:  Yeah.  JZ:  But uhm, on the other hand, once the contractor has the contract, it's gonna be his, his plan that he tries to uh, if you can get as much done as possible in the first yr;  we don't know for sure what the contractor's plan's gonna be.  We don't really know for sure what the contract amt's gonna be, uno.  But we're, we're est'g what we think could happen & that's why we've requested the $7M capability.  But yeah, the 2M would be, we'd be short we think.  I mean if the contract is going, we definitely would run out of funds somewhere during the FY. 

 

CLM:  & if you review our history going back to 1991, getting as much money as the COE has requested, you'll find that we've had a very good track record because of that, such a very worthwhile project & because we've had such very strong support from our congressional delegation which it, which continues today.  

 

DM:  Well, since we know it's an 18-month project, now we're disregarding weather, don't we know roughly how far along they'll be _ _ _  - JZ:  We est it - DM:  to the day _ _ - JZ: but 18 months is the est, is the est of uh, with the # of days in the contract, but they can be extended;  & they often are extended because of weather, ok.  So uno, we're thinkin' in terms of probably 2 yrs as far as the major, the major work is concerned.   ?:  (background) 500K a month (is possible?).

 

BW:  On a project like this, of this size, is a lot of the money expended in the beginning of the project or at the end of the project?  JZ:  I'm thinkin' the contractor is gonna take some time to get up &, &, & productive.  CLM:  Oh yeah, the first 2 or 3 months, they won't  - TW:  Typically - CLM:  much.  TW:  It, it becomes gradual, then becomes steady & then tails off.  

 

JZ:  Uno, for example, the contractor has to um, prepare a test fill for using, for this eng'd fill.  He has to, he's gonna have to mix some different kinds of materials together &, & crush them &, & create a test fill so that we can see the compaction.  That's, that's written into the contract.  Until he does all that & we see the compaction, how it, how it's working, uno, he  won't be starting production so to speak, where he's really mixing these things together & trucking them &, & building this eng'd fill. 

 

CLM:  By the time he does that, we're gonna be into what usually is not good const weather.  BW: So it's definitely gonna be into 04 FY?  CLM:  05.  RW?:  05, it'll go to 05.  JZ:  It'll go thru, we think it'll go to 05.  Uno, we have 04 & 05 are the 2 big yrs.  I mean we only have 1 month in FY 03, which is Sept, this Sept of const. 

 

DM:  Was it DNR who said whether we'll not, whether or not we'll have to cover the clay?  I mean it's not - JZ:  We've sent them a letter sayin' we don't plan to cover the clay & they haven't sent anything, uno, to the contrary. 

 

CLM:  Typically, where the COE has an on-going major project like that & there's a shortage of funds, the COE has the ability to - JZ:  That's probably right.  TW:  That's most of 'em.  CLM:  other projects within the division where you've got other projects within - JZ:  depends on who gets the contract too.  CLM: the COE.  DM:  5M off of - JZ:  Some might be slower than others.  DM:  what you transferred?  

 

CLM:  Well, we're gonna get more than that, that 5M difference.  Just a ques of, really, the reason it's so important to make such a strong case in the House is to get the maximum figure you can from the House.  Because the situation we have, quite frankly, is that we have a very strong position in the Senate with our delegation, & we have a strong position in the House, but we got even a stronger one with Bond & Talent both in the  Senate.  So we need to go for the max amt in the House so that when they go in to get as much as they can in the Senate, if they go to Joint Conference & there's a difference between the 2 #'s, so many times they split the difference.  So we want that difference to be as small as possible, if in fact, we end up splitting the difference.  If nothing the Senate, we won't end up gettin' the whole thing.

 

CLM:  One thing that's happened I might mention since we met last month is, on the Senate side, Sen Bond has now assumed the chairmanship of one of the authorizing subcmtes.  & that particular subcmte is the one that handles all COE projects.  So he is on the full aprops cmte, but not the subcmte for Energy & Water which handles the aprops for the COE.  But he does chair the subcmte in the Senate that authorizes COE projects.  So that puts him in a very, very uh strong position to support those projects that he feels are very uh, important projects & very worth the uh optimum funding.  As you all know, he's been a very strong supporter of the project from the git-go.  We have our work cut out for us, Dan.

 

DM:  Isn't there a point where we've built so much of the levee, they say it's, I mean it seems like we go thru this every yr.  I mean I'm just more asking out loud, not being critical, but it seems like every yr, we get so far along the levee & then they, the Pres does the, or whoever's doin' the budget, doesn't seem to understand, to stop now, would be a waste of all the money we've spent up to this point.

 

CLM:  Well, if you remember one yr, uh the previous Pres, one yr actually - DM:  Was ready to axe the whole thing.  CLM:  Yeah & which would've stopped everything in place.  & of course the Congress corrected that, but it does happen every yr.  Particularly, if you've got uh, a situation we have in the country now where the economy's down;  tax receipts are down;  there's a lot of stuff goin' on;  the deficit keeps gettin' bigger.  So there's a lot of pressure on the administration & the Congress to hold spending as low as possible, but we've, we've got a good case for the project 'cause it's a worthy project.  & as you said, the closer we get to completion of the project, that gives our delegation even more ammunition to support the max amt of aprops.  Particularly in, for FY 05 which will be the final yr.

 

BW:  Well, you're just goin' after 04 aprops?  CLM:  Oh yeah, you can only go after aprops one yr at a time.  DM:  A yr at a time  -  BW:  A yr, right, not 5 at all.  CLM:  Right.  But as you know, last yr, we had uh, quite a bit of success.  We went from uh, I think the uh Pres's budget request was 600K;  we ended up with uh, 3M I think.  Let's see, yeah, he requested 600K & uh the Joint Conferees aprop'd $3M.  So that's an increase of 500%.   We're only asking for an increase of 150% - peanuts, uno!  Not really.  DC:  When you're talkin' that much money.  CLM:  Yeah, it's like Everett Derksen, who was the former Senator from Illinois said, ' a billion here, a billion there, pretty soon you get into big money'.   ?:  Umhuh, right.  CLM:  No, it, that's a substantial amt for an increase, but uh, we have a good case.  That's a very strong uh, folks that uh, support our case.  DC:  Ok, any other ques? 

 

5/19/03 Levee - Section  18  of  19

 

Ok, we'll go to D, DNR permit.  Andy, you want to talk about this DNR permit or explain what this means?  Andy:  Sure, yeah, it's um - I guess the application went in, what a yr ago, a yr ago, a yr & a half ago;  it took a long time to go thru the system.  On um Friday, the um, I talked to a local office & the DNR, confimed what we'd been talking informally about for a while, which was that there was something in their computer which is, which is not to, not to get a permit, issue a permit, but to offer a uh, exemption. 

 

& it transpired that uhm, I guess there are 2 factions of the DNR;  one discussing, hey, let's exempt the city, which of course would mean that the city wouldn't have to pay the $2350 a yr & wouldn't have to - CLM: That's every yr from now on.  Andy:  Every yr forever, yeah!  Even, even tho there may be no, no discharge from the relief, from the relief wells, you'd still be paying the 2350 as tho you were some kind of industrial polluter, which is the way these permits are set up. 

 

Um, & the alternative was to say, one alternative to issue the permit, the other one to, to uh, to waive it.  & um, at that stage, I called & talked to CLM & uh, kind of gave him the low-down a little bit & - CLM:  It was Fri afternoon, about 1:30.  Andy:  Yeah, & the, the mtg that, that the DNR was gonna make this decision of course was - CLM:  This morning at 7:30.  Andy:  this morning.  So there wasn't a whole lot of time to work on this & uh, & well, I'll turn it over to you now, Lee.

 

CLM:  Well, first of all I'd like to say that our situation for asking for a discharge permit because of the det basin & the relief wells from a flood control project by a city is very unusual.  DNR doesn't have any regulations that really cover this specific case.  So they decided this was the closest to an industrial facility discharge, polluter;   & that's why we got into this framework;  & that's why some people in DNR, after Andy presented our case to 'em rather strongly, said well maybe we could issue a waiver. 

 

There's no difference as far as what uh, what we end up in discharging, what we test & everything.  In other words, it doesn't, the fact we're not getting a permit does not mean there'll be pollution.  It simply means that we're getting a waiver of a permit & we don't have to pay, the city doesn't have to pay $2350 a yr fee forever, as long as the project's in existence, even if nothing were ever discharged. 

 

& when Andy called me, uh, I contacted uh Cgsm Akin's office, Jim Mitas, who had to leave, & uh Cacky Gardner that's in Talent's office;  & apprised them of the situation;  & told them that uh, we'd be most appreciative if, if they saw their way clear, if they could contact DNR, & just let them know that Cgsm Akin was very interested in doing what he could to further this project along & to get the necessary permits & certainly, to keep in mind the fact  that this was a substantial amt of money over forever.  & uh, they both indicated that they would do so.

 

They did make the contacts & uh, we also made another contact, & then we got the word early this morning that uh DNR had made the decision to issue the waiver.  As far as I'm concerned, uh Andy McCord & DG Purdy & Assoc did a great job in laying the groundwork to get us to forward a concerting waiver & uh our friends in Congress did a great job in expressing their interest in an appropriate decision being made & uh DNR made, what I thought was, the appropriate decision. 

 

Andy:  Well, I should add to Lee's, that the reason the waiver was offered, was not just kind of a random pluck out of the air.  There's, there's, there was about 10 opportunities in the regulations that allow waivers;  & this was done on the basis of, of, I guess there were, it was just an emergency DNR or EPA-managed clean-up.  & that of course is the, is the so-called Superfund site out here _ _ _ _ _ _ _ _ _;  & uh, & that was the basis. 

 

& if you're in that type of situation where the DNR is involved, actively involved in a clean-up & remediation program with the ground water, that is an opportunity where they'll, will allow a waiver.  & of course, it is ONLY because of that clean-up that we were having to come up with the permit in the first place.  So it kind of came full-circle, & ironically, it seems odd to, to put all this time & energy into, into putting an application together, only to be told you didn't need a permit.  But the only way you can get a waiver, is to apply for the permit in the first place;  you can't apply for the waiver.  (JZ chuckles.)  It's kind of a quirky way of doing it, but it really isn't that, it's, it's a safety measure.  

 

It's just telling people _ _ _ _ _ - CLM:  Well, if we had not applied - Andy:  _ _ _ - CLM: for the permit, we wouldn't be to move fwd with const of the final project.  Andy:  It's a, it's a very legitimate uh, reason for the waiver _ _ _ it's just a problem.  & they were very pleased with, I think everybody was satisfied with the, with the way the case was demonstrated & presented even tho it really wasn't a big, huge env'l concern for this discharge;  because of that, they were prepared to offer a waiver. 

 

5/19/03 Levee - Section  19  of  19

 

DC:  I'd like to express our thanks for the Levee Cmsn for your hard work on that.  Andy: _ _ _.  DC:  Makes one part of it just a little bit easier to (pause) - CLM:  Save somebody from havin' to write a check every yr from now on too.  & probably somebody - DC:  Right.  CLM:  whoever replaces somebody, whoever replaces them & whoever replaces them. 

 

RW:  Well, Purdy's bill every yr is only gonna be a thousand, so you have to _ _ _ _ _  (one or more laugh).  CLM:  No, he gets a 50% cut of that forever.  Andy:  I get a commission _ _ _.  (one or more laugh) 

 

DC:  Ok;  I think that covers our mtg this - anybody else got any cmts or anything they want to make?  If no, let's uh set the next Levee Cmsn mtg on 6/16, same time, same place.  Jim, you won't be here?  JZ:  No, I'll be back by then.  DC:  You're gonna be here.  I'll, I'll tell ya right - Pam:  Do you have a sign-in sheet?  DC:  No, I don't do a sign-in sheet.  DC?:  Uh, uh I won't be here for the next mtg;  I'm goin' to Ireland.  (Apparently, the mtg has ended at 6 pm as chit-chat continues & people disperse.)