JOURWAL OF THE 59^th MEETIWG-,0F" ' - THE METROPOLITAW ST. LOUIS SEWER DISTRICT November 12, :00 P. M,

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1 JOURWAL OF THE 59^th MEETWG-,0F" ' - THE METROPOLTAW ST. LOUS SEWER DSTRCT November 12, :00 P. M, The Trustees of the District met in the Board Room at 2000 Hampton Avenue on the abo.ve date. Present at meeting: Board of Trustees Staff Members F. W. Huntington, Chairman P. F. Mattei, Executive Director P. F. O'Toole, Jr., Vice Chairman C. B. Kaiser, Jr., General Counsel R. E. Concannon Charles Clardy, Secretary-Treasurer M. M. Kinsey Del L, Bannister, Director of Finance F. J. Lane, Jr. A. R. Parker Also present were Messrs. John H. Sears, Director of Engineer-.ing; B. D. Br.aun, Director of nformation; Jack B. Enger, Engineer, Subdistrict Development and V. S. Golden, secretary. Chairman Huntington presided. Journal of the meeting of October 21, 1970-(592ri"d) was read. Motion made by Mr, Kinsey, seconded by Mr. Concannon, that same be approved as read.. Journal of the meeting of October 27-, 1970 (5.93rd) was read. Motion made by Mr, Lane, seconded by Mr. Parker, that same be approved as read. Mr, Huntington said that, following the Board's meeting with Messrs. Logan and Davis of St. Louis-Union Trust Company on October 27th, he wrote a letter to them in accordance with the consensus of the Board, that no change in investment policy be made from that existing. (Copy of letter in Secretary-Treasurer's File.) Further, he said, he met with them and has been told that they have made several purchases of industrial bonds.

2 Mr.-"Matt-ei -reported'-on the favbirable reception given Horner & Shifrin's plan'fbr 'a turirie'l to' serve the Deer Creek and Fishpot-Grand Glaize-Kiefer Creek watersheds. Mr. Mattei said that the Branch Realty Company submitted a proposal for- an- option-from"a-milton G-.' Goldenberg for the District's Gravois Road maintenance property. The proposal was for a $200 payment for a 45-day Option at a price of $45,000. Additionally, the District was to make a storm sewer installation to relieve the Council A.venue storm water problem. Mr. Mattei recommended against accepting such a proposal. Motion made by Mr, Parker, seconded by Mr. Lane, that the District reject Mr. Goldenberg's option offer. Motion passed - 5 ayes, no nays, - Poll taken: R. E. Concannon - M. M. Kinsey F. J.. Lane, Jr., - aye aye aye- A. P. F. R. F. W. Parker O'Toole, Jr. Huntingt on - ;abst ained Mr, Mattei said that he interviewed t'he firms of Nelson & Warren and W. Alfred Hayes and Company^'concerning an actuarial study of the District's. Employee Benefit Plan. He recommended that the District enter into an agreement with W. Alfred Hayes and Company for such study.'. The annual cost would be probably between $1000 and $1500, not to exceed $1500, A.dditionally, they expect to charge not more than $500 for continuing consulting' advice. Motion made by Mr. Concannon, seconded by Mr. O'Toole, that the proposal of W. Alfred Hayes and Company be accepted. Poll taken: R, E. Concannon - A.. R. Parker M. M. Kinsey P. F. O'Toole, Jr. F, J, Lane, Jr. - F. W. Huntington Mr, Mattei said that following receipt of Mr, Hundley's letter of resignation from the District's Civil Service Commission, Chairman Huntington, Mr, Kaiser and he had considered possible successors and were recommending Mr, Paul Kaveney, an attorney.

3 He said that Mr. Kaveney was "formerly Chairman of thei City's Civil Service Commission..,, After a short discussion. Chairman Huntington summed up the feelings of the Board that Mr. Kaveney be invited to be a member of the District's Civil Service Commission. Mr. Kaiser distributed copies of Legal Opinion #99, (Copy in Secretary-Treasurer's File), which he said referred to the District's duty to make improvements, and to make them from funds held in the mprovement Fund. He said further that funds -- for example --in the Coldwater Creek Subdistrict could not be -used in the Mississippi River Subdistrict, and vice versa, but those of a larger subdistrict could "be used for a smaller subdistrict contained within the larger. Mr. Lane said, that he had discussed this opinion with Mr. Kaiser and that he concurred in, it and found that he had. no disagreement with it nor criticism nor other comment. Mr. Kaiser said that the District took bids on a blanket insurance coverage for all the District's buildings, plants, installations. He said the premium under the old system would have been about $33,000 and is now $26,000. Chairman Huntington asked Messrs. Concannon and Lane "to serve as an nsurance Committee and both gentlemen accepted. COWSDERATOW OF REPORT OF PUBLC WTEREST HEARWG W SUBDSTRCT WO. 260 (NEW YORK AND SHELBY) ^.Report of Public nterest Hearing in Subdistrict No. 260 (Wew. York and Shelby) was presented and read. The report was addressed to the Board of Trustees, d.ated November 6, 1970 and signed, by Jack B. Enger, Engineer, Subdistrict Development (Subdistrict Report Book, Vol, X, Page 5).

4 Mr. Sears showed on a wall map the location of this subdistrict as "lying in the northwest part of Meacham Park area. There were thirty-three people in attendance and there are 235 lots with 80 homes. Wo objections were expressed at the raeeting. Motion made by Mr. Parker., seconded by Mr. Lane, that the above Report be received and filed. Wo discussion. COWSDERATON OF RESOLUTOW WO, 1153-DECLARWG MPROVEMEWT TO BE W THE PUBLC WTEREST W SUBDSTRCT WO, 260 (NEW YORK AWD SHELBY) Resolution Wo was presented and read, declaring improvements to be in the public interest in Subdistrict Wo, 260 (Wew York and Shelby), Motion made by'mr. Parker, seconded by Mr, Lane, that Resolution Wo, 1153 "be adopted. Wo discussion. Poll taken: R, E, Concannon A.. R. Parker M. M. Kinsey P. F. O'Toole, Jr. COWSDERATOW OF PROPOSED ORDWAWCE WO TRAWSFERRWG $33,000,00 "^ FROM THE UNAPPROPRATED SURPLUS OF THE GEWERAL FUWD OF THE MSSSSPP RVER SUBDSTRCT TO THE MPROVEMEWT FUWD, AND TRAWSFERRWG $7,000,00 FROM THE UWAPPROPRATED SURPLUS OF THE OPERATOW, MAWTEWAWCE, AWD COW STRUCTOW MPROVEMEWT FUWD OF SUBDSTRCT WO. 89 (LORETTA-JOPLW) TO THE MPROVEMEWT FUND, AND APPROPRATWG THE SUM OF $40,000,00 FROM THE M PROVEMEWT FUWD TO BE -USED FOR COWSTRUCTOW OF STORM SEWERS W SUBDSTRCT WO, 89 - LORETTA JOPLW (VEHL AVEWUE EXTEWSOW) Proposed Ordinance Wo, was presented and read, transferring Thirty-Three Thousand Dollars from the unappropriated surplus of the General Fund of the Mississippi River Subdistrict to the mprovement Fund, and transferring Seven Thousand Dollars from the unappropriated surplus of the Operation, Maintenance, and Construction mprovement Fund of Subdistrict Wo, 89 (Loretta-Joplin) to the raproveraent Fund, and appropriating the sum of Forty Thousand Dollars from the mprovement Fund to be used for construction of the storm sewers in Subdistrict Wo, 89 (Loretta-Joplin) (Viehl Avenue Extension). Mr. Kaiser said that the Ordinance- which was presented and read at the meeting of October 27, 1970 was changed to transfer the s-ums to the mprovement Fund and appropriate the $4o,000 from the mprovement Fund rather than to lend it to the mprovement Fund as in

5 previous version, and thus have no question of binding future Boards to raise funds to repay the loan from tax revenues. This present version of the Ordinance is in consonance with our Legal Opinion #99- Motion made by Mr. Lane, seconded by Mr. O'Toole, for unanimous consent of all members present for introduction and. final voting on proposed Ordinance No at this meeting. Poll taken: R. E. Concannon A.. R. Parker M. M. Kinsey P. F. O'Toole, Jr, F. J. Lane, Jr, F. W. Huntington Motion made- by Mr. Lane, seconded by Mr. O'Toole, that proposed Ordinance No , Ordinance No. 2094, be adopted. Poll taken: R. E. Concannon A., R. Parker M. M. Kinsey P. F. O'Toole, Jr.. F. J. Lane, Jr,, F. W. Huntington CONSDERATON OF PROPOSED ORDNANCE WO, COWFRMNG CONTRACT C-340 WTH MENERS PLUMBNG COMPANY FOR CONSTRUCTON OF STORM SEWERS N SUB- - DSTRCT NO. 89 (LORETTA-JOPLN - VEHL A.VENUE EXTENSON) Held over (l0/27, 1970) Proposed Ordinance No, was presented and read, confirming a contract (C-34o) with Meiners Plumbing Company, for the construction of Viehl Avenue Extension storm sewers in Subdistrict Wo, 89 (Loretta- Joplin), with an emergency clause, Mr. Sears said that Meiners Plumbing Company was the lowest of six bidders at $34, The highest bid was $7-8,286 and the District's estimate was' $44,460. Motion made by Mr, Lane, seconded by Mr. Parker, for unanimous consent of all members present for introduction and final voting on proposed Ordinance Wo at this meeting. Wo discussion. Poll taken: R. E. Concannon A. R. Parker M. M. Kinsey P.. F.. O'Toole Motion made by Mr. Lane, seconded by Mr, Parker, that proposed Ordinance No , Ordinance No. 2095, 'be adopted.

6 Wo discussion. Poll taken: R. E. Concannon ' A. R. Parker M. M. Kinsey P. F. O'Toole, Jr. COWSDERATOW OF PROPOSED ORDWAWCE WO COWFRMNG CONTRACT C-336 WTH MENERS PLUMBNG COMPANY FOR CONSTRUCTON OF SANTARY SEWERS N SUBDSTRCT NO. 323 (LLAC CENTRAL) Proposed Ordinance No,, was presented and read, confirming a. contract with Meiners-Plumbing Company for the construction of sanitary sewers in Subdistrict Wo. 323 (Lilac Central) with an emergency clause. Mr. Sears said that Meiners Plumbing Company again was the lowest bidder of six - at $42, The highest bid was $64, and the District's estimate was $50, Motion made by Mr, Parker, seconded by Mr. Concannon, for unanimous consent of all members present for introd.uction and final voting on proposed. Ordinance No at this meeting. Poll taken: R. E. Concannon A.. R. Parker M. M. Kinsey P. F. O'Toole, Jr. - a.ye...-..,--: - F'. "J. Lane, Jr. F, W, Huntington Motion made by Mr. Lane, seconded by Mr. Parker, that proposed Ordinance No , Ordinance No. 2098, be adopted. Motion passed, - 6 ayes, no nays. Poll taken: R. E. Concannon - A.. R. Parker M. M. Kinsey -aye P. F. O'Toole, Jr. CONSDERATON OF PROPOSED ORDNAWCE NO. 47'-71 A.UTHORZNG COWDEMWATOW OF EASEMEWTS W ST. LOUS COUWTY (W SUBDSTRCT WO. 345 (LWBBERffl AND CONCORD VLLA.GE A.VENUE) Proposed Ordinance No was presented and read, authorizing condemnation of easements in St. Louis Cbunty (in Subdistrict No. 345 (Lindbergh and Concord Village Avenue)). Mr. Sears said that property owners within the Subdistrict have refused to grant easements because one of them had insisted upon

7 being paid for the easement. The District - as a routine matter - pays for 'any special damages to the land owner, such as destruction of shrubbery, but this person has no such special damages, and payment to him would be out of the picture, as for his neighbors, too, who are in a very similar situation. n response to "a question from Mr. O'Toole, Mr. Enger said that the construction would not interfere with any of those businesses being carried on, since the contractor must leave access to the property at all times. Motion made by Mr, Lane, seconded by Mr. Parker, for unanimous consent of all members present for introduction and final voting on proposed Ordinance No at this meeting. Poll taken: R. E. Concannon A.. R. Parker M. M. Kinsey P. F. 0'.Toole, Jr. Motion made by Mr. Lane, seconded by Mi-. Parker, that proposed Ordinance No , Ordinance No. 2099, 'be adopted. Poll taken: R. E. Concannon A, R. Parker M, M. Kinsey P. F. O'Toole, Jr. F. J, Lane, Jr. F. W. Huntington CONSDERATON OF RESOLUTON WO AUTHORZWG FLWG AW APPLCATOW WTH THE UWTED STATES DEPARTMEWT OF HOUSWG AWD URBAW DEVELOPMENT FOR A GRAWT TO AD N THE CONSTRUCTON OF STORM SEVJERS N SUBDSTRCT NO, 247 (DESMET - FLORLAND) -, Resolution Wo was presented and read, authorizing filing an application with the United. States Department of Housing and. Urban Development for a grant to aid in the construction of storm sewers in Subdistrict Wo. 247 (DeSmet-Florland), Mr. Kaiser said there are numerous stormwater ditches in the area of the City of Florissant. The estimated cost of the 3000 feet of stormwater drainage pipe would be $300,000. ' The grant would be for $150,000. The Citizens Committee for the Subdistrict is thinking of a bond issue to be held, in March of The Florissant Mayor is favors this project. Motion made by Mr. Parker, seconded by Mr. Lane, that Resolution Wo be adopted. Wo discussion. Motion passed - 6 a.yes, no nays.

8 Poll taken: R, E. Concannon A. R, Parker M. M. Kinsey P. F; O'Toole, Jr. COWSDERATOW OF RESOLUTOW WO, 1155 AUTHORZWG ASSUMWG TTLE W THE CTES OF ST. LOUS, BELLEFOWTANE NEGHBORS, AWD JENNNGS TO SEWERS, EASEMENTS, AND APPURTENAWCES THAT FORM AN WTEGRAL PART OF THE PUBLC SEWER SYSTEM (iw HATHAWAY HLLS SUBDVSOWS, PLATS 2, 3, 4, 4A, 5, 6. and 7) Mr. Kaiser said that the sewers in the general area of Bellefontaine Weighbors and Jennings, including those in an adjacent portion of the 'City of St, Louis (as shown on a wall map.) were connected to the sewer system of the City of St, Louis and under the aegis of certain City ordinances years before the District's creation. There is a probability, as a result of these arrangements, "the sewers were made public. A Mr. Edward Hueneke, attorney for some of the residents of that area, has made considerable research of the records and is of the opinion that they may be public. However, in order to leave no doubt, we are recommending that the District officially assume title to these sewers. The Maintenance Department has inspected them and finds that they are in reasonably good condition. Motion made by Mr. Lane, seconded by Mr. O'Toole, that Resolution Wo be adopted. Wo discussion. Poll taken: R, E. Concannon A. R, Parker M, M, Kinsey P, F, O'Toole, Jr. F. J. Lane, Jr, F, W, Huntington COWSDERATOW OF PROPOSED ORDWAWCE WO, AUTHORZWG VACATOW OF EASEMEWTS W ST. LOUS COUWTY (in LOTS 1, 2, and 6 OF THE SUBD"\n:SON OF JOHN RECHARDT'S ESTATE, AWD W LOTS 3 and 4. OF PRLWETZ SUBDVSON Proposed Ordinance No was presented and read, vacating sewer easements in St. Louis County, Missouri. - Mr, Sears said that the request came from Adrian Koch, owner of the property. The sewer was installed in a new easement which has been received by the District, and there is no sewer in the easement to be vacated. Engineering Department recommended approval. Motion made by Mr, Concannon, seconded by Mr, O'Toole, for unanimous consent of all members present for introduction and final voting on proposed Ordinance No at this meeting.

9 Poll taken: R. E. Concannon A. R. Parker M. M. Kinsey - P. F. O'Toole, Jr. F, J, Lane, Jr, F. W, Huntington Motion made by Mr. Concannon, seconded by Mr. O'Toole, that proposed Ordinance No , Ordinance No. 2096, be adopted. Poll taken: R. E, Concannon A.. R. Parker M. M. Kinsey P, F, O'Toole, Jr. F. J. Lane, Jr. - a.ye F. W. Huntington CONSDERATON OF PROPOSED ORDNANCE NO, AUTHORZNG VACATON OF EASEMENTS N ST, LOUS COUNTY (in LOTS 110 and 111 OF ST, FERDNAND COMMONS) Proposed Ordinance No was presented, and. read, authorizing vacating, portions of sewer easements in Lots 110 and 111 of St. Ferdinand Commons, St. Louis County, Missouri. Mr, Sears showed on a wall map the original and relocated positions of the sewers in question, and said that the Special School District has given the District a.new easement, and requests the-vacation of -the old easement. The Engineering Department has approved the plans, received the new easement and recoramended approval of the vacation ordinance. Motion made by Mr. O'Toole, seconded by Mr, Parker, for unanimous consent of all members present for introduction and final voting "on proposed Ordinance No, at this meeting. Poll taken: R. E. Concannon M. M. Kinsey F. J. Lane, Jr. A, R, P, F. F, W. Parker O'Toole,.Jr. Huntington. Motion made by Mr. O'Toole, seconded by Mr. Parker, that proposed Ordinance Wo , Ordinance No, 2097, he adopted. Poll taken: R. M. F. E, Concannon M, Kinsey J. Lane, Jr. A. R. Parker P. F. O'Toole, Jr. " F. W. Huntington - a.ye

10 Motion made by Mr. Concannon, seconded by Mr. O'Toole, that proposed Ordinance No , Ordinance No. 2097, he adopted. Poll taken: R. E. Concannon A. R, Parker M, M. Kinsey P. F. O'Toole, Jr. C0NSDERA.T0N OF PROPOSED ORDNANCE WO, RE'PEALWG ORDWAWCE NO. 121 AND EWACTWG' A NEW ORDWAWCE W LEU THEREOF OW THE SAME SUBJECT OF ESTABLSHMEWT OF BULDWG OR FLOODWAY RESERVATOW LWES ALOWG MALWE GREEK Proposed. Ordinance Wo was presented and read, repealing Ordinance Wo. 121, as adopted April 1, 1957, and enacting a new ordinance in lieu thereof on the same subject, establishing building or floodway reservation lines along a stream or watercourse as hereinafter described, and to provide for control of the use of the area within those lines under the meaning of the Plan of The Metropolitan St. Louis Sewer District, Mr. Sears showed on a wall map the location of the Maline Creek, the existing floodway reservation and the proposed relocation of a portion thereof. He said that the location was designed, by the District's Consulting Engineers. The Highway Department intends,to bridge the creek to include some relocation thereof, and-in orde.r to coordinate this with the. District' s planning, the floodway reservation lines should be relocated prior to the Highway Department's construction. The Department is aware of the problem and wishes to be sure of the District's position. Therefore, the request for change is now being made. There was considerable discussion as to -the effect on the property involved which Mr. Sears said is all within the creek's floodway plain and is not developable now. Mr. Huntington asked whether ther.e needed, to be notice of the proposed change, and suggested that the ordinance be introduced" at this present meeting. Then it could be adopted later. t was the sense of the Board that this be done and, therefore, motion was made by Mr. Parker, seconded by Mr. Lane that proposed Ordinance No be introduced at this meeting. 10

11 Poll taken: R. E. Concannon - ay.e A. R. Parker M. M. Kinsey P. F. O'Toole, Jr. PLAN APPROVAL - NORWOOD SQUARE (S-62l).(C-ave-ns),. The Executive Director presented for approval engineering plans for Norwood Square (S-62l), Mr, Kinsey said this is a project to repair existing sewers on Norwood Drive, East, near Greer A.venue. The plans consisting of one sheet were prepared by the MSD Staff and ca,ll for 226 lineal feet of 27" Flextram pipe and 24 feet of 15". Vitrified Clay Pipe with one manhole. Mr. Kinsey said, he had examined the plans and moved th^t they be approved. Motion seconded by Mr. Lane. Poll taken:. R. E. Concannon A. R. Parker M. M, Kinsey P. F. O'Toole,-Jr. PLAW APPROVAL - SSTERS OF WOTRE DAME - S-627 The Executive Director presented for approval engineering plans for Storm Sewers for the Sisters of Wotre Dame (S-627). Mr. Kinsey said this project located near Broad.way and Ripa Street in south St. Louis-County is to correct a ponding problem. The plans were prepared by the MSD Staff and consist of two shee-ts calling for 13 lineal feet of reinforced concrete pipe, mostly of 60" diameter, one manhole and two junction chambers. Mr. Kinsey said-he had examined'the plans and moved, that they be approved. Motion was seconded by Mr. Parker. Poll taken: R. E. Concannon A. R. Parker M. M. Kinsey P. F. O'Toole, Jr, F, J, Lane, Jr. F. W. Huntington 11

12 FLAW APPROVAL - FOUWTAW CREEK, SECTOW 9 The -Executive Director -presented for approval engineering plans for Section X of Fountain Creek. Mr. Kinsey said this project is located, near St. Ferdinand in north St. Louis County and is a part of the overall Fountain Creek plan to correct flooding and erosion probleras in the watershed. t is being financed by the ad valorem taxes collected in the watershed annually and a new section is completed as funds become available. The plans consisting of four sheets were prepared by Joyce Corapany and the MSD Staff. The project consists of 933 feet of paved channel with 12-foot wide bottom and a depth of 6^ feet, with seven inlets and various size connection lines. Mr. Kinsey said he had examined the plans and movedr-'-that they be approved. Motion seconded by Mr, Parker. Wo further discussion. Poll taken: R. E. Concannon A,. R. Parker M. M. Kinsey P. F. O'Toole, Jr. lyir. Huritington expressed the gratitude of the Board members to Mr. Kinsey for all the time and engineering talent he has devoted to the review of the District's engineering plans. Upon being informed of the death of former Chairman George C. Willson, ' Jr., the Trustees asked that the Chairraan expre'ss their sympathy to his family... ' Motion made by Mr. Parker, seconded by Mr. Concannon, that.the meeting be adjourned. Meeting adj ourned at 5:40 P. M.. ' -, Secretary-Treasurer 12