HomeMy Public PortalAbout1481st Board Journal 1-14-2010
JOURNAL OF THE (1481st) MEETING OF THE
BOARD OF TRUSTEES
THE METROPOLITAN ST. LOUIS SEWER DISTRICT
January 14, 2010 – 4:00 P.M.
The Trustees of the District met in Room 109 at 2350 Market on the above date.
Present at meeting:
Board of Trustees Staff Members
J. H. Goffstein, Chair J. L. Theerman, Executive Director
R. T. Berry, Vice Chair R. E. Hayman, General Counsel
J. H. Buford K. J. Tyminski, Secretary-Treasurer
G.T. Feldhaus J. M. Zimmerman, Director of Finance
E. G. Ross B. L. Hoelscher, Director of Engineering
D. A. Visintainer J. C. Sprague, Director of Operations
Also present were Mr. Tom Sullivan, 35 N. Central; Ed Sweet, Parsons; Rob
Kuenzel, RJN; Jim Dunajeik, GBA; David Cavendar, HNTB; Doug Hickey, HDR; Marc
Eshelman, M3; David Eike, URS; Andrea Jackson, St. Louis County; Dorothy White-Coleman,
White Coleman & Assoc.; Susie McFarlind, White-Coleman & Assoc.; Jon Berganthol, Jacobs;
Dan Willey, Laborers 110; Granville White, Kwame; Carey Brand, CH2M Hill; Bently Green,
Black & Veatch; Herman Williams, ERM; Bob Ballsrud, G&B; Terry Briggs, SITE; Aaron
Griesheimer, SITE; Tionna Pooler, PFM; Eric Cowan, Bank of America Merrill Lynch; Wayne
Schmidt, BMCD; Evan Young, Call Newspapers; Catherine Werner, City of St. Louis; Jeff
Rensing, Oates; Mike Busch, Oates; Lance LeComb, Manager of Public Information; Gene
Rhodes, Audit Administrator; Rich Unverferth, Asst. Director of Engineering; Betsy Schubert,
MSD Purchasing Manager; Barb Mohn, Director of Information Systems; Vicki Taylor-Edwards,
Director of Human Resources; Mike Grace, Risk Management; Debbie Johnson, Public
Information Representative; Marie Collins, Asst. Director of Engineering; and Pam Bell,
Secretary to the Executive Director.
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Mr. Goffstein opened the meeting pursuant to notice and call.
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Motion made by Mr. Ross, seconded by Mr. Visintainer, that the Board go into
closed session to discuss legal, confidential or privileged matters under §610.021(1), RSMO
1988 SUPP.
Motion passed – 6 ayes, no nays
Poll taken: G. Feldhaus aye R. Berry aye
J. Goffstein aye E. Ross aye
D. Visintainer aye J. Buford aye
During closed session the Board discussed legal, confidential and privileged
matters under §610.021(1), RSMO 1988 SUPP. regarding the Districts legal defense and
mediation parameters associated with the US Environmental Protection Agency case, and the
legal defense and negotiation parameters associated with the flood damage case(s) in
University City No votes were taken on either issue.
Motion made by Mr. Buford, seconded by Mr. Goffstein, to reconvene into open
session.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye R. Berry aye
G. Feldhaus aye E. Ross aye
D. Visintainer aye J. Buford aye
- - - -
Upon motion made by Mr. Berry, seconded by Mr. Buford, the Journal of the
December 10, 2009 meeting was approved by unanimous voice vote.
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The Chair had no comments.
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Mr. Ross reported that the Audit Committee met on January 12, 2010. In
attendance were Trustees Ross, Visintainer, Berry and staff. The meeting was called to order at
7:30a.m.
Mr. Karl Tyminski headed a discussion on the Management Audit for 2010 as
required by MSD charter section 7.060. He noted that the purpose of the discussion was solely
for information purposes for the Trustees, with a decision not expected until either February or
March 2010. He also provided a presentation handout to the attendees. The topics covered in
the presentation were:
• Charter Requirement
• History & Experience
• Define Issue to be determined by Board
• Discussion with other governmental agencies
• Potential Cost
• Time Frame
Of the key areas included in the presentation, the primary areas of emphasis were
on the scope of the audit and the budget. Mr. Tyminski noted that the scope of the last two
management audits from 1999 and 2005 varied greatly, as did the costs, which ranged from
$450,000 to $20,000, respectively.
In addition to references of the scope of the prior MSD Management Audits, Mr.
Tyminski also provided as an example, a copy of the 2009 New York State Public Service
Commission’s Request for Proposal for a Management Audit of Central Hudson Gas & Electric
Corporation’s Electric and Gas Businesses.
The timeframe in the presentation for the District noted three months from start to
completion of fieldwork. Mr. Berry inquired whether this would be sufficient time to complete the
review. Responses from those in attendance noted that it would be dependent on the scope,
availability of the consulting firms’ staff and availability of MSD staff who may also be involved in
other projects (i.e., financial statement audit, ES Retooling). Mr. Tyminski noted that it may be
beneficial to issue the RFP in February. Attendees noted that the timeframe is dictated by the
charter requirement of completing the audit every five years. Based on the last audit date, the
next audit would be due in November 2010. Attendees discussed the interpretation of the
charter’s five-year requirement, which could suggest the audit be “in-process” at the five-year
mark. Mr. Hayman noted that he would re-examine the charter language on this issue.
Additional comments regarding the scope was noted as follows:
• Determining the scope of the audit is key, whether determined by the Board and/or
suggestions submitted in the Proposals from outside firms.
• Mr. Berry noted that the District plans to spend billions of dollars over the next few
decades for construction and engineering. A great emphasis should be made to
ensure there are proper management controls and processes in key areas. He
added that the District should be looking for a firm who has experience in
reviewing operations similar to MSD.
Mr. Tyminski noted at the next meeting, we should expect to make a decision on
the RFP and bidders list.
The meeting was adjourned at 8:06AM.
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Mr. Buford reported that the Finance Committee met on January 12, 2009. In
attendance at the meeting were Trustees Ross, Visintainer, and Berry. The committee
approved the minutes from the December 8, 2009 Finance Committee meeting.
Ms. Zimmerman reported on the current financial condition of the District. There
were no significant changes in the Comprehensive Reporting and all budget variances are being
closely monitored. She continued her discussion and updated the committee on the Adjustment
Review Committee (ARC) report. The committee accepted this into the record.
Mr. Tyminski updated the committee on the $85 million Build Americas bonds. Mr.
Berry asked how soon the District has to spend the proceeds. Mr. Tyminski replied within 2
years.
Mr. Dion Stevens from New England Pension Consultants presented the results of
the Real Assets Manager search. The committee decided to obtain the services of Wellington
Management.
The meeting adjourned at 9:37.
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Mr. Feldhaus reported that the Stakeholders Committee met on District’s
Headquarters on December 17, 2009 at 7:30am. In attendance were Trustee Buford and staff.
Motion was made by Mr. Buford for approval of the minutes of the September 17, 2009 meeting
as presented and the motion was seconded.
First, was a discussion by Mr. LeComb regarding results of the 2009 Stormwater
Improvement Survey of Residents and Community Leaders. Mr. Chris Tatham of ETC, the
outside consulting firm who conducted the survey, joined in the discussion via conference call to
provide insight into the results. Priorities by watershed and stormwater investments that
residents thought were most important to fund were discussed and compared with the results
polled by the leaders in the same areas. It was voted on and approved to present these results
to the Board at for consideration.
Next, Mr. Hayman discussed the need to exercise the second option year of
contracts for legal services with Armstrong Teasdale, LLP and Thompson Coburn, LLP. Ms.
Jovita Foster from Armstrong Teasdale and Ms. Mary Bonacorsi from Thompson Coburn were
both in attendance at the meeting to discuss the services each firm provides respectively. The
Committee voted to present the recommendations of exercising the option year to the Board.
These are item numbers 46 and 47 on tonight’s agenda.
Finally, was a discussion regarding the continuation of MSD’s Rain Barrel Program
in 2010. Mr. LeComb informed the Committee that the program was overwhelmingly successful
in 2009 and because of its success, more rain barrels will be ordered for 2010. Benefits of the
program were discussed, as well as how they are purchased and provided to MSD customers.
Additional marketing and advertising efforts were also detailed. Ms. Catherine Warner of Mayor
Slay’s office attended the meeting and provided insight as to how the City of Chicago’s program
operated when she was director of their program. The Committee voted to present the program
to the Board.
There were no other items for discussion. The meeting was adjourned at 8:10am.
Mr. Feldhaus called upon Mr. LeComb to update the Board on the 2010 Rain
Barrel Sale Program. Mr. LeComb with the aide of a PowerPoint presentation indicated that the
District would again offer in 2010 the ability for its customers to buy rain barrels. Last year’s
program was a major success. In 2009, the District targeted rain barrel sales at 300 barrels. But
demand was so strong that 1,500 barrels were actually sold. Mr. LeComb pointed out that the
rain barrels are a green initiative used to mitigate the impact of a rainstorm on the storm sewer
system. The water retained in the rain barrel, which is designed to accommodate an average
20-minute rainstorm, can be used to water lawns and gardens and to hose down areas, if
needed. The District subsidized the program in 2009 and will continue to subsidize it in 2010.
The price for a rain barrel in 2009 was $45 per barrel and the District subsidized the program by
$124,451. In 2010, the rain barrels will sell for $65 per barrel and the District is anticipating a
subsidy of $54,311. The rain barrels will be offered to customers of the District that are not
delinquent on their sewer bills. The barrels will be sold in the month of March and prepaid by
either debit or credit card. A maximum of four rain barrels are allotted to each customer. The
barrels are recycled food storage barrels that can hold 55 gallons and are retrofitted with mesh
to deter mosquito breeding.
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Mr. Berry reported that the Program Management committee met on January 5,
2010 at 7:30 a.m. The meeting was attended by trustees Berry and Visintainer.
The minutes of the December 1, 2009 meeting were approved.
The agenda items to be introduced tonight were presented and discussed,
including a detailed discussion regarding the following items:
Item 28 – Argonne Sanitary Relief – This is the second District project to receive
stimulus funding through the State of Missouri. Funding for this project will include $1.5 million
in grant funding and $4.5 million in low interest loans. Easement acquisition for the future phase
II of this project, originally scheduled for FY2013, was completed ahead of schedule and
included in this bid package. This resulted in the requested appropriation being $1.9 million
over the budget shown for FY2010. Sufficient funding is available in the Capital budget to
construct both phases now, allowing the immediate removal of a constructed sanitary sewer
overflow originally scheduled to be removed as part of phase II.
Item 32 – Infrastructure Repairs Phase A – This is the second of two infrastructure
repair projects being proposed for introduction tonight. Funding for this project comes from the
$5 million Operating Budget surplus realized at the end of FY2009. The Committee asked why
MSD contracts for these projects in $5 million packages. Staff has found that $5 million seems
to match the optimum per project size to obtain the most competition and thus the lowest price.
Item 33 – Missouri River WWTP – This project will rehabilitate part of the existing
plant in preparation for a major plant expansion scheduled for calendar year 2011. The
requested appropriation is $3.9 million over the budgeted amount. Reasons for this difference
include price increases for materials specific to this project and a higher than anticipated cost for
removing and disposing of existing solids.
Item 36 – Construction Management Services – Bissell & Lemay WWTP – This
appropriation will provide construction management services for this project. In addition to the
services normally provided for a project of this type, the construction management consultant
will provide a review of the disinfection system design. In response to a question by the
Committee, staff explained that they are seeking approval of this appropriation and contract at
this time so the services of the CM consultant will be available during the project design. The
appropriation being requested is $1 million less than budgeted. In response to the Committee’s
question about schedule, work at both plants is scheduled to begin in the spring of 2012 and be
completed by the fall of 2013.
Item 37 – FF-15 – The appropriation request for this project exceeds the budget by
$117,000. This is needed to pay for an additional $125,000 Environmental Site Assessment
along the project alignment that was not in the budgeted scope.
Item 38 – Harlem – Baden Relief Phase IV – This project will use the 85 properties
purchased in the Hebert/Mars subdivision, located in north St. Louis City just south of the
Goodfellow/Natural Bridge intersection off Clara, to relieve flooding caused by surcharged
combined sewers. I would ask at this time that staff give a brief presentation on this project.
Item 40 – Creve Coeur Creek Sanitary Trunk – Staff is requesting introduction and
adoption of this ordinance to allow an agreement with St. Louis County so that a portion of an
existing construction contract can be built and paid for as part of the County’s Highway 141
Design/Build project. This will allow the location of the new sewer to be coordinated with the
Highway 141 extension and should allow better operation and maintenance of the new system
at no additional cost to the District.
Staff then reviewed the past construction program cost performance for
construction projects completed over the last 5 years. Staff uses this information to monitor the
accuracy of its estimating process and as a guideline to set contingency values for construction
appropriations.
There were 262 projects analyzed. On average, the low bid was 92% of the
engineer’s estimate. For 81% of the projects, the engineer’s estimate was higher than the low
bid.
Final contract cost was on average 104% of the bid amount due to change orders.
7.5% of the projects had final costs more than 105% of the bid amount. 74% of the projects had
final costs less than the original contract costs and the average final contract cost was 95.3% of
the approved budgets.
Staff explained that these metrics are within industry norms and are an indicator
that the project estimating and contract management processes are working properly. Staff will
continue to monitor these metrics. The Committee requested that a comparison of budget
versus final contract cost and a count of the projects with final contract costs less than the bid
amount be presented at the next Committee meeting.
Staff informed the Committee that MSD will present the anticipated FY2011
Capital Program to the consulting community on Tuesday, January 19, 2010 at 3:00 p.m. at the
Engineers’ Club of St. Louis. The Committee asked about progress towards performing a
satisfaction survey for the consulting community. Staff indicated that they had met with the
American Council of Engineering Companies of Missouri and they thought it was a good idea.
Staff is starting the survey process. The Committee also requested that staff report on plan
review activities to date regarding the McEagle Development in the City of St. Louis.
Next, staff reviewed the Preliminary Official Statement to be used in the acquisition
of $85 million in Build America Bonds. Staff reviewed the particular sections in which they were
seeking Committee input and answered questions regarding the selling of these bonds.
The public portion of the meeting concluded at 8:50 a.m. at which point the Committee voted to
go into closed session to discuss legal, confidential, or privileged matters.
Mr. Berry called upon Mr. Hoelscher to provide a report on the Hebert Mars buyout
project. This is a project in North St. Louis City near the intersection of Natural Bridge and
Union, where the District has purchased 85 homes that have experienced very frequent
flooding.
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The Executive Director called upon Ms. Tionna Pooler from the financial advisory
firm of PFM to give the Board an update on the District series 2010B Build America Bond issue.
Ms. Pooler noted that the District priced the bond issue earlier in the week. The issue was rated
AA2, AA+, AA+ by Moody’s, S&P and Fitch, which is consistent with the upgrade received for
the series 2008A transaction. The bonds priced with a weighted average yield of 3.806% for an
average maturity of 28 years. The transaction priced at a spread of 115 basis points over
treasuries, which is better than the parameter approved by the board of 128 basis points. This
means that the District will enjoy between $2.7 and $4.7 million of present value savings over
that originally planned.
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Mr. Sullivan addressed the Board and questioned the need for item #36 a $6
million contract with CH2M Hill for construction management services for the Disinfection
projects at the Bissell and Lemay plants. He pointed out that the District has an internal
engineering staff that could provide these services. He also asked what type of due diligence
the District utilizes before retaining these firms and what is the role of the Internal Auditor in
monitoring these projects. He then cited some negative press that the firm of CH2M Hill has
received. He also questioned why item #38 a contract with Parsons is as costly as it is. He
concluded by requesting an explanation of the budget transfer in item #48.
- - - -
CONSENT AGENDA
ADOPTION OF PROPOSED ORD. NO. 87-10 (ORDINANCE NO. 13010) APPROPRIATING
$155,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION
IMPROVEMENT FUND OF DEER CREEK TO BE USED FOR PROJECT COSTS FOR
CHANNEL STABILIZATION IN DENNY LANE #6 BANK STABILIZATION (2007091), IN THE
CITY OF HUNTLEIGH, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND
SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO A CONTRACT WITH WEHMEYER FARMS, INC. FOR THE
AFORESAID CHANNEL STABILIZATION CONSTRUCTION.
ADOPTION OF PROPOSED ORD. NO. 88-10 (ORDINANCE NO. 13011) APPROPRIATING
$63,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION
IMPROVEMENT FUND OF COLDWATER CREEK TO BE USED FOR PROJECT COSTS FOR
THE CONSTRUCTION OF STORM SEWERS IN MORTIMER LANE #10546 STORM SEWER
(2008094), IN THE CITY OF EDMUNDSON, MISSOURI; AND AUTHORIZING THE
EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH B & G
UTILITIES, LLC FOR THE CONSTRUCTION OF THE AFORESAID STORM SEWERS.
ADOPTION OF PROPOSED ORD. NO. 89-10 (ORDINANCE NO. 13012) APPROPRIATING
$2,500,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT
COSTS FOR THE CONSTRUCTION OF SANITARY SEWERS IN FF-08 FEE FEE CREEK
SANITARY RELIEF PHASE II (89137A), IN THE CITY OF MARYLAND HEIGHTS, MISSOURI;
AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON
BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A
CONTRACT WITH FRED M. LUTH & SONS, INC. FOR THE AFORESAID SANITARY SEWER
CONSTRUCTION.
ADOPTION OF PROPOSED ORD. NO. 90-10 (ORDINANCE NO. 13013) APPROPRIATING
$5,050,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT
COSTS FOR THE CONSTRUCTION OF SANITARY SEWERS IN UPPER MALINE TRUNK
SANITARY RELIEF PHASE III SECTION B (90080B), IN UNINCORPORATED ST. LOUIS
COUNTY AND THE CITIES OF FERGUSON AND JENNINGS, MISSOURI; AND
AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT
WITH GERSHENSON CONST. CO., INC. FOR THE AFORESAID CONSTRUCTION.
ADOPTION OF PROPOSED ORD. NO. 91-10 (ORDINANCE NO. 13014) APPROPRIATING
$1,700,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT
COSTS FOR THE DESIGN AND CONSTRUCTION OF SANITARY SEWERS IN BIDDLE
PUMP STATION ELIMINATION (2009224), IN THE CITY OF ST. LOUIS, MISSOURI; AND
AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AN AGREEMENT
WITH THE CITY OF ST. LOUIS REGARDING THE TERMS FOR THE AFORESAID DESIGN
AND CONSTRUCTION.
ADOPTION OF PROPOSED ORD. NO. 92-10 (ORDINANCE NO. 13015) AUTHORIZING THE
EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT (“MSD”) TO ENTER INTO AN AGREEMENT
WITH THE CITY OF MARYLAND HEIGHTS TO PARTNER IN THE ACQUISITION OF
UPDATED DISTRICT-WIDE DIGITAL ORTHO PHOTOS FOR THE BI-ANNUAL DIGITAL
AERIAL PHOTOGRAPHY AND ORTHO PHOTOS PROJECT.
ADOPTION OF PROPOSED ORD. NO. 93-10 (ORDINANCE NO. 13016) AUTHORIZING THE
EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO MODIFICATION NO. 9 OF
THE CONTRACT WITH THE DEPARTMENT OF THE ARMY ST. LOUIS DISTRICT CORPS
OF ENGINEERS WHEREBY THE DEPARTMENT OF THE ARMY ST. LOUIS DISTRICT
CORPS OF ENGINEERS WILL PROVIDE THE DISTRICT WITH PHOTOGRAMMETRIC
MAPPING DATA OF CONTOUR UPDATES IN THE CITY OF ST. LOUIS AND ST. LOUIS
COUNTY, MISSOURI.
ADOPTION OF PROPOSED ORD. NO. 94-10 (ORDINANCE NO. 13017) MAKING A
SUPPLEMENTAL APPROPRIATION OF $60,000.00 FROM THE OPERATION,
MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF MALINE CREEK TO BE
USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF DARST ROAD AND
FLORISSANT ROAD STORM SEWER (MCFG-130) (2002063) IN THE CITY OF FERGUSON,
MISSOURI.
ADOPTION OF PROPOSED ORD. NO. 95-10 (ORDINANCE NO. 13018) TRANSFERRING
FUNDS BY RETURNING $1,274,381.00 FROM THE WILLIAMS CREEK CONSTRUCTION
FUND, AS APPROPRIATED BY ORDINANCE NO. 11198, ADOPTED APRIL 11, 2002 AND
ORDINANCE NO. 11256, ADOPTED JUNE 26, 2002, FOR THE WILLIAMS CREEK SANITARY
FACILITIES (99092 & 99092A), TO THE OPERATION, MAINTENANCE AND
CONSTRUCTION IMPROVEMENT FUND OF LOWER MERAMEC RIVER BASIN.
ADOPTION OF PROPOSED ORD. NO. 96-10 (ORDINANCE NO. 13019) AUTHORIZING THE
EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT TO CONVEY A PORTION OF CERTAIN
REAL PROPERTY OF THE DISTRICT BEING PART OF THE FENTON TREATMENT PLANT
AT 75 OPPS LANE, MSD SITE NUMBER 60 (ST. LOUIS COUNTY LOCATOR NUMBER
29N440178) ALONG WITH A TEMPORARY CONSTRUCTION EASEMENT TO THE CITY OF
FENTON, MISSOURI FOR THE RE-CONSTRUCTION OF OLD HWY 141 & OLD GRAVOIS
TO GRAVOIS BLUFFS BLVD. (OLD HWY 141 IMPROVEMENTS & BRIDGE REPLACEMENT
– CITY OF FENTON), P-0025597-02, AND TO EXECUTE AND DELIVER A GENERAL
WARRANTY DEED AND SUCH OTHER INSTRUMENTS AS MAY BE NECESSARY TO
EFFECT SAID CONVEYANCES.
ADOPTION OF PROPOSED ORD. NO. 97-10 (ORDINANCE NO. 13020) APPROPRIATING
$400,000.00 FROM THE SANITARY REPLACEMENT FUND FOR ENGINEERING SERVICES
FOR THE FINAL DESIGN OF POWER SUPPLY IMPROVEMENTS AT VARIOUS SANITARY
PUMP STATIONS PHASE III (2009099); AND AUTHORIZING THE EXECUTIVE DIRECTOR
AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO CONTRACT E-1274 WITH ERM TECHNOLOGIES, INC. FOR
THE AFORESAID ENGINEERING SERVICES.
ADOPTION OF PROPOSED ORD. NO. 98-10 (ORDINANCE NO. 13021) REPEALING AND
SUPERSEDING ORDINANCE NO. 12905 ADOPTED JUNE 11, 2009, AND ENACTING A NEW
ORDINANCE IN LIEU THEREOF ESTABLISHING A NEW SECTION SIX, BACK BILLING,
PERTAINING TO WASTEWATER USER CHARGES.
ADOPTION OF PROPOSED ORD. NO. 99-10 (ORDINANCE NO. 13022) REPEALING AND
SUPERSEDING ORDINANCE NO. 12906, ADOPTED JUNE 11, 2009, AND ENACTING A
NEW ORDINANCE IN LIEU THEREOF ESTABLISHING A NEW SECTION TWELVE, BILLING,
PERTAINING TO STORMWATER USER CHARGES.
ADOPTION OF PROPOSED ORD. NO. 100-10 (ORDINANCE NO. 13023) AUTHORIZING THE
EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH BJC
EMPLOYEE ASSISTANCE PROGRAM WHEREBY BJC EMPLOYEE ASSISTANCE
PROGRAM WILL PROVIDE EMPLOYEE ASSISTANCE PROGRAM (EAP) SERVICES FOR
THE DISTRICT EMPLOYEES FOR THE PERIOD OF FEBRUARY 1, 2010, TO JANUARY 31,
2011.
ADOPTION OF PROPOSED ORD. NO. 101-10 (ORDINANCE NO. 13024) AUTHORIZING THE
ISSUANCE OF NOT TO EXCEED $7,980,700 PRINCIPAL AMOUNT OF SUBORDINATE
WASTEWATER SYSTEM REVENUE BONDS (STATE OF MISSOURI – DIRECT LOAN
PROGRAM – ARRA) SERIES 2010A OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT, FOR THE PURPOSE OF IMPROVING, RENOVATING, REPAIRING, REPLACING
AND EQUIPPING THE DISTRICT’S WASTEWATER SYSTEM; PRESCRIBING THE FORM
AND DETAILS OF THE BONDS AND THE AGREEMENTS MADE BY THE DISTRICT TO
FACILITATE AND PROTECT THEIR PAYMENT; AND PRESCRIBING OTHER RELATED
MATTERS.
Plan Approval
Daisy Lane 9400 Block Storm Sewer (2007258)
This project, located south of Gravois Road and west of Interstate 55 in
Unincorporated St. Louis County, is to relieve basement, street and yard flooding.
This project is in the Fiscal Year 2010 Budget and the estimated construction cost
is $92,000.
Mason Valley Sanitary Relief (UPPER) (SKME-420A) (2006046A)
This project, located in the City of Town & Country, is to alleviate basement
backups and overcharged sanitary. This project is in the Fiscal Year 2010 Budget
and the estimated construction cost is $1,350,000.
Motion made by Mr. Feldhaus, seconded by Mr. Buford, that the Consent Agenda
be adopted.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye J. Goffstein aye
R. Berry aye G. Feldhaus aye
D. Visintainer aye J. Buford aye
The Chair declared the Consent Agenda adopted and proposed Ord. Nos. 87-10, 88-10, 89-10,
90-10, 91-10, 92-10, 93-10, 94-10, 95-10, 96-10, 97-10, 98-10, 99-10, 100-10 and 101-10 were
assigned Ordinance Nos. 13010, 13011, 13012, 13013, 13014, 13015, 13016, 13016, 13018,
13019, 13020, 13021, 13022, 13023 and 13024.
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UNFINISHED BUSINESS
Ordinances
Amendment and adoption of proposed Ord. No. 85-10 authorizing and directing the issuance,
sale and delivery of taxable wastewater system revenue bonds (Build America Bonds – Direct
Pay), Series 2010B, of The Metropolitan St. Louis Sewer District; prescribing the form and
details of said bonds; and authorizing certain actions and documents and prescribing other
matters relating thereto.
Motion by Mr. Berry, seconded by Mr. Goffstein that proposed Ord. No. 85-10 be
amended.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
D. Visintainer aye R. Berry aye
E. Ross aye G. Feldhaus aye
Motion made, seconded and unanimously adopted to suspend the rules to allow
for adoption of proposed Ord. No. 85-10.
Motion made by Mr. Buford, seconded by Mr. Feldhaus that proposed Ord. No. 85-
10 be adopted.
Motion passed – 6 ayes, no nays
Poll taken: J. Goffstein aye J. Buford aye
D. Visintainer aye R. Berry aye
E. Ross aye G. Feldhaus aye
The Chair declared proposed Ord. No. 85-10 adopted and it was assigned Ordinance No.
13025.
Resolutions
None
- - - -
NEW BUSINESS
Ordinances
INTRODUCTION OF PROPOSED ORD. 108-10 APPROPRIATING $10,700,000.00 FROM
THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE
CONSTRUCTION OF SANITARY SEWERS IN ARGONNE SANITARY RELIEF (SKME-501)
PHASE I (2003060A), IN THE CITIES OF CRESTWOOD, KIRKWOOD AND OAKLAND,
MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-
TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO
ENTER INTO A CONTRACT WITH UNNERSTALL CONTRACTING CO., LTD. FOR THE
AFORESAID SANITARY SEWER CONSTRUCTION.
Proposed Ord. No. 108-10 was presented and read. The work to be done under
this contract consists of the construction of approximately 10,600 lineal feet of pipe sewers
varying in size from 8-inches to 48-inches in diameter and appurtenances. The purpose of this
project is to alleviate property loss and damage due to overcharged sewer mains. One sanitary
sewer overflow will be eliminated. This project is scheduled to be completed in 730 days.
Motion made by Mr. Berry, seconded by Mr. Buford that proposed Ord. No. 108-10
be introduced.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye J. Goffstein aye
R. Berry aye G. Feldhaus aye
D. Visintainer aye J. Buford aye
INTRODUCTION OF PROPOSED ORD. NO. 109-10 APPROPRIATING $1,500,000.00 FROM
THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE
CONSTRUCTION OF SANITARY SEWERS IN BROOKTON WAY TO MERAMEC BOTTOM
ROAD SANITARY RELIEF PHASE I (2000083A), IN UNINCORPORATED ST. LOUIS
COUNTY, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-
TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO
ENTER INTO A CONTRACT WITH J.H. BERRA CONST. CO., INC. FOR THE AFORESAID
CONSTRUCTION.
Proposed Ord. No. 109-10 was presented and read. The work to be done under
this contract consists of the construction of approximately 3,655 lineal feet of pipe sewers
varying in size from 15-inches to 30-inches in diameter and appurtenances. This construction is
the first phase of a multiple phase sanitary sewer improvement program. The purpose of this
project is to alleviate property loss and damage due to overcharged sanitary sewers. This
project will allow for the elimination of one sanitary sewer bypass after Phase II is constructed.
This project is scheduled to be completed in 475 days.
Motion by Mr. Berry, seconded by Mr. Ross that proposed Ord. No. 109-10 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye J. Goffstein aye
R. Berry aye G. Feldhaus aye
D. Visintainer aye J. Buford aye
INTRODUCTION OF PROPOSED ORD. NO. 110-10 APPROPRIATING $2,750,000.00 FROM
THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE
CONSTRUCTION OF THE FILLMORE COMBINED SEWER SYSTEM IMPROVEMENTS
PHASE II (2003092A), IN THE CITY OF ST. LOUIS, MISSOURI; AND AUTHORIZING THE
EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH
UNNERSTALL CONTRACTING CO., LTD. FOR THE CONSTRUCTION OF THE AFORESAID
STORM SEWERS.
Proposed Ord. No. 110-10 was presented and read. The work to be done under
this contract consists of the construction of approximately 4,411 lineal feet of pipe sewers
varying in size from 12-inches to 36-inches in diameter and appurtenances. This construction is
the second phase of a two-phase improvement program. The purpose of this project is to
alleviate property loss and damage due to overcharged combined sewers. This project is
scheduled to be completed in 653 days.
Motion by Mr. Visintainer, seconded by Mr. Feldhaus that proposed Ord. No. 110-
10 be introduced.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye J. Goffstein aye
R. Berry aye G. Feldhaus aye
D. Visintainer aye J. Buford aye
INTRODUCTION OF PROPOSED ORD. NO. 111-10 APPROPRIATING $5,550,000.00 FROM
THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE
REHABILITATION OF SANITARY SEWERS IN INFRASTRUCTURE REPAIRS
(REHABILITATION) (FY2010) (2009064) IN THE CITY OF ST. LOUIS AND ST. LOUIS
COUNTY, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-
TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO
ENTER INTO A CONTRACT WITH SAK CONSTRUCTION, LLC FOR THE REHABILITATION
OF THE AFORESAID SANITARY SEWERS.
Proposed Ord. No. 111-10 was presented and read. This is Part One of a two-part
project. Part Two encompasses the remainder of the District’s boundaries and was bid
concurrently. The work to be done under this contract consists of the rehabilitation of
approximately 150,831 lineal feet of pipe sewers varying in size from 8-inches to 48-inches in
diameter, utilizing cured-in-place-pipe (CIPP) methods. The purpose of this project is to
rehabilitate older, damaged, and deteriorated sewers to reduce pipe collapses, blocked mains,
and inflow/infiltration. This project is scheduled to be completed in 365 days.
Motion by Mr. Berry seconded by Mr. Feldhaus that proposed Ord. No. 111-10 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye J. Goffstein aye
R. Berry aye G. Feldhaus aye
D. Visintainer aye J. Buford aye
INTRODUCTION OF PROPOSED ORD. NO. 112-10 AUTHORIZING THE TRANSFER OF
FUNDS TO THE SANITARY REPLACEMENT FUND FROM THE FOLLOWING FUNDS IN THE
AMOUNTS LISTED: OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT
FUND OF CLAYTON CENTRAL –$190,000.00; AND OPERATION, MAINTENANCE AND
CONSTRUCTION IMPROVEMENT FUND OF FOUNTAIN CREEK –$30,000.00; AND
OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF UPPER
PADDOCK CREEK –$30,000.00; AND OPERATION, MAINTENANCE AND CONSTRUCTION
IMPROVEMENT FUND OF WEDGEWOOD CREEK –$45,000.00; AND APPROPRIATING
$5,100,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT
COSTS FOR THE REHABILITATION OF SANITARY SEWERS IN INFRASTRUCTURE
REPAIRS (REHABILITATION) (FY2010) (PHASE A) (2009064A) IN THE CITY OF ST. LOUIS
AND ST. LOUIS COUNTY, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR
AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO A CONTRACT WITH SAK CONSTRUCTION, LLC FOR THE
REHABILITATION OF THE AFORESAID SANITARY SEWERS.
Proposed Ord. No. 112-10 was presented and read. This project is Part Two of a
two-part project. Part One encompasses the remainder of the District boundaries and was bid
concurrently. The work to be done under this contract consists of the rehabilitation of
approximately 129,826 lineal feet of sewers varying in size from 6-inches to 48-inches in
diameter, utilizing cured-in-place-pipe (CIPP) methods. The purpose of this project is to
rehabilitate older, damaged, and deteriorated sewers to reduce pipe collapses, blocked mains
and inflow/infiltration. This project is scheduled to be completed in 365 days.
Motion by Mr. Berry, seconded by Mr. Feldhaus that proposed Ord. No. 112-10 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye J. Goffstein aye
R. Berry aye G. Feldhaus aye
D. Visintainer aye J. Buford aye
INTRODUCTION OF PROPOSED ORD. NO. 113-10 APPROPRIATING $13,500,000.00 FROM
THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE
CONSTRUCTION OF MISSOURI RIVER WWTP SECONDARY TREATMENT EXPANSION
(DIGESTER REHABILITATION) (2006168B), IN THE CITY OF MARYLAND HEIGHTS,
MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-
TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO
ENTER INTO A CONTRACT WITH GOODWIN BROS. CONST. CO. FOR THE AFORESAID
CONSTRUCTION.
Proposed Ord. No. 113-10 was presented and read. The work to be done under
this contract consists of the construction necessary to rehabilitate the four 4) existing anaerobic
digesters including the removal and disposal of solids, removal and replacement of the existing
digester roof structures, replacement of the gas mixing system, replacement of the boilers,
replacement of the waste gas flare, repair and replacement of a sump plump and associated
equipment, replacement and relocation of pipe and piping components, and other miscellaneous
improvements. This construction is the first phase of a two-phase improvement program. The
purpose of this project is to replace equipment and rehabilitate digester facilities that have
reached the end of their serviceable life. This project is scheduled to be completed in 833 days.
Motion by Mr. Feldhaus, seconded by Mr. Visintainer that proposed Ord. No. 113-
10 be introduced.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye J. Goffstein aye
R. Berry aye G. Feldhaus aye
D. Visintainer aye J. Buford aye
INTRODUCTION OF PROPOSED ORD. NO. 114-10 APPROPRIATING $980,000.00 FROM
THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE
REHABILITATION OF SANITARY SEWERS IN PADDOCK CREEK SANITARY RELIEF
(SKME-206) (REHABILITATION) (2003111A) IN THE CITY OF FLORISSANT, MISSOURI;
AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON
BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A
CONTRACT WITH INSITUFORM TECHNOLOGIES USA, INC. FOR THE REHABILITATION
OF THE AFORESAID SANITARY SEWERS.
Proposed Ord. No. 114-10 was presented and read. The work to be done under
this contract consists of the rehabilitation of approximately 14,024 lineal feet of pipe sewers
varying in size from 8-inches to 30-inches in diameter, using cured-in-place-pipe (CIPP)
methods. The purpose of this project is to reduce inflow/infiltration in the Paddock Creek
sewershed of the Coldwater Creek service area. Once the amount of I/I reduction is verified
after construction, this project should allow one bypass to be eliminated. This project is
scheduled to be completed in 180 days.
Motion by Mr. Berry, seconded by Mr. Feldhaus that proposed Ord. No. 114-10 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye J. Goffstein aye
R. Berry aye G. Feldhaus aye
D. Visintainer aye J. Buford aye
INTRODUCTION OF PROPOSED ORD. NO. 115-10 APPROPRIATING $61,000.00 FROM
THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF
UNIVERSITY CITY TO BE USED FOR PROJECT COSTS FOR CONSTRUCTION OF STORM
SEWERS IN WISMER AVENUE #2114 STORM SEWER (2008106), IN THE CITY OF
OVERLAND, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND
SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO ENTER INTO A CONTRACT WITH B & G UTILITIES, LLC FOR THE
AFORESAID CONSTRUCTION OF STORM SEWERS.
Proposed Ord. No. 115-10 was presented and read. The work to be done under
this contract consists of the construction of approximately 183 lineal feet of storm pipe sewers
varying in size from 6-inches to 24-inches in diameter and appurtenances. The purpose of this
project is to alleviate street and yard flooding and yard erosion. This project is scheduled to be
completed in 60 days.
Motion by Mr. Berry, seconded by Mr. Ross that proposed Ord. No. 115-10 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye J. Goffstein aye
R. Berry aye G. Feldhaus aye
D. Visintainer aye J. Buford aye
INTRODUCTION OF PROPOSED ORD. NO. 116-10 APPROPRIATING $6,000,000.00 FROM
THE SANITARY REPLACEMENT FUND FOR CONSTRUCTION MANAGEMENT SERVICES –
BISSELL & LEMAY WWTP DISINFECTION FACILITIES (2008132); AND AUTHORIZING THE
EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT E-1266 WITH
CH2M HILL, INC. FOR THE AFORESAID CONSTRUCTION MANAGEMENT SERVICES.
Proposed Ord. No. 116-10 was presented and read. This project consists of
conducting biddability/constructability reviews for the design of two sets of construction
documents for adding disinfection facilities to the Bissell and Lemay Wastewater Treatment
Plants, and construction management services for both projects from bid through construction to
final completion and plant start-up. The preliminary combined value for disinfection facilities at
both plants is $43,052,000. This appropriation is to cover anticipated costs for construction
management services for adding disinfection facilities to both the Bissell and Lemay Wastewater
Treatment Plants.
Motion by Mr. Berry, seconded by Mr. Visintainer that proposed Ord. No. 116-10
be introduced.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye J. Goffstein aye
R. Berry aye G. Feldhaus aye
D. Visintainer aye J. Buford aye
INTRODUCTION OF PROPOSED ORD. NO. 117-10 APPROPRIATING $1,117,000.00 FROM
THE SANITARY REPLACEMENT FUND FOR ENGINEERING SERVICES FOR THE FINAL
DESIGN OF FF-15 MCKELVEY/R.R. TO ADIE SANITARY RELIEF PHASE III (89157B) AND
AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER IN CONTRACT E-1275
WITH BIS FRUCON ENGINEERING INC. FOR THE AFORESAID ENGINEERING SERVICES.
Proposed Ord. No. 117-10 was presented and read. This project consists of the
design and preparation of construction documents for approximately 5,896 feet of 8-inch to 42-
inch diameter sanitary sewers and appurtenances. This project will provide for the elimination of
five construction SSOs as part of future upstream projects, and alleviate overcharged sanitary
sewers and basement backups. The preliminary construction cost estimate is $6,787,000.
Motion by Mr. Ross, seconded by Mr. Feldhaus that proposed Ord. No. 117-10 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye J. Goffstein aye
R. Berry aye G. Feldhaus aye
D. Visintainer aye J. Buford aye
INTRODUCTION OF PROPOSED ORD. NO. 118-10 APPROPRIATING $4,200,000.00 FROM
THE SANITARY REPLACEMENT FUND FOR ENGINEERING SERVICES FOR THE FINAL
DESIGN OF HARLEM-BADEN RELIEF PHASE IV (HEBERT) (2003039A) AND AUTHORIZING
THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER IN CONTRACT E-1276 WITH
PARSONS WATER & INFRASTRUCTURE INC. FOR THE AFORESAID ENGINEERING
SERVICES.
Proposed Ord. No. 118-10 was presented and read. This project consists of the
design and preparation of construction documents for approximately 24,600 feet of 12-inch to
96-inch diameter storm sewers, approximately 8,100 feet of 10-inch to 66-inch diameter sanitary
sewers, a 9-acre 2.5 million cubic-foot earth stormwater detention basin, land planning for future
use of the area not needed for detention, and appurtenances. This project will alleviate
basement backups for approximately 130 properties. The preliminary construction cost estimate
is $28,300,000.
Motion by Mr. Buford, seconded by Mr. Berry that proposed Ord. No. 118-10 be
introduced.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye J. Goffstein aye
R. Berry aye G. Feldhaus aye
D. Visintainer aye J. Buford aye
INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 119-10 VACATING ANY
RIGHTS, TITLE, OR INTEREST OF THE DISTRICT IN ALL OF OR PART OF THE PORTIONS
OF EASEMENTS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 209,
PAGE 23, AND ANY RIGHTS, TITLE, OR INTEREST OF THE DISTRICT IN ALL OF OR PART
OF THE PORTIONS OF EASEMENTS ACCORDING TO THE PLAT THEREOF RECORDED
IN PLAT BOOK 352, PAGES 689-690 ALL OF WHICH ARE SHOWN SHADED AND NOTED
“SEWER EASEMENT TO BE VACATED BY SEPARATE DOCUMENT” ACCORDING TO
FOUNTAIN PLAZA AT CLARKSON AS RECORDED IN PLAT BOOK 355, PAGES 287-288 OF
THE ST. LOUIS COUNTY RECORDS, IN THE CITY OF ELLISVILLE, ST. LOUIS COUNTY,
MISSOURI; FOR THE PROJECT KNOWN AS CLAYTON & CLARKSON (CITICORP) P-
0010782-03.
Proposed Ord. No. 119-10 was presented and read. The District has been
requested to vacate any rights, title or interest in all of or part of the portions of easements
according to the plat recorded in Plat Book 209, Page 23, and any right, title, or interest in all of
or part of the portions of easements recorded in Plat Book 352, Pages 689-690. All easements
to be vacated are shown shaded on separate document recorded in Plat Book 355, Pages 287-
288. The District has no future use for these commercial easements and did not pay for these
easements.
Motion by Mr. Buford, seconded by Mr. Feldhaus that proposed Ord. No. 119-10
be introduced.
Motion made, seconded and unanimously adopted to suspend the rules to allow
for adoption of Proposed Ord. No. 119-10.
Motion made by Mr. Buford, seconded by Mr. Goffstein that proposed Ord. No.
119-10 be adopted.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye J. Goffstein aye
R. Berry aye G. Feldhaus aye
D. Visintainer aye J. Buford aye
The Chair declared proposed Ord. No. 119-10 adopted and it was assigned Ordinance No.
13026.
INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 120-10 AUTHORIZING THE
EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AN AGREEMENT WITH
ST. LOUIS COUNTY FOR THE CONSTRUCTION OF SANITARY SEWERS IN CREVE
COEUR CREEK SANITARY TRUNK SEWER RELIEF PHASE I (2003063A), IN THE CITIES
OF CHESTERFIELD AND MARYLAND HEIGHTS, MISSOURI.
Proposed Ord. No. 120-10 was presented and read. This ordinance authorizes
the staff to enter into an agreement with St. Louis County to build a portion of the Creve Coeur
Sanitary Trunk Sewer Relief Phase I (2003063A). This project was under construction when St.
Louis County received economic stimulus funds that allowed the construction of the Page –
Olive Connector (AR-1236) to be moved up. This resulted in numerous conflicts between the
two projects. In order to better coordinate the two projects and make the best use of public
funds, the decision was made to cut the current MSD construction contract short and
incorporate the necessary work into St. Louis County’s road project. The costs associated with
this change will be funded out of the original construction appropriation.
Motion by Mr. Berry, seconded by Mr. Feldhaus that proposed Ord. No. 120-10 be
introduced.
Motion made, seconded and unanimously adopted to suspend the rules to allow
for adoption of Proposed Ord. No. 120-10.
Motion made by Mr. Ross, seconded by Mr. Visintainer that proposed Ord. No.
120-10 be adopted.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye J. Goffstein aye
R. Berry aye G. Feldhaus aye
D. Visintainer aye J. Buford aye
The Chair declared proposed Ord. No. 120-10 adopted and it was assigned Ordinance No.
13027.
INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 121-10 VACATING ANY
RIGHTS, TITLE, OR INTEREST OF THE DISTRICT IN A PORTION OF AMERICAN
INDUSTRIAL DRIVE, FIFTY (50’) FOOT WIDE, VACATED BY CITY OF MARYLAND HEIGHTS
ORDINANCES 2007-2923, APPROVED JUNE 7, 2007, AND 2007-2966, APPROVED
SEPTEMBER 6, 2007, AND RECORDED IN DEED BOOK 17823, PAGE 4445, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 120, PAGES 66-67 AND LOCATED IN
LOT B OF AMENDED PLAT OF EDWARD JONES MARYLAND HEIGHTS CAMPUS ONE
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 357, PAGES 431-434
OF THE ST. LOUIS COUNTY RECORDS, IN THE CITY OF MARYLAND HEIGHTS,
MISSOURI; FOR THE PROJECT KNOWN AS AMERICAN INDUSTRIAL DRIVE W. OF
PROGRESS PARKWAY (PARKING GARAGE); P-0015604-01.
Proposed Ord. No. 121-10 was presented and read. The District has been
requested to vacate any right, title or interest in a portion of American Industrial Drive fifty feet
(50’) wide, vacated by the City of Maryland Heights Ordinance No. 2007-2923 and 2007-2966,
recorded in Deed Book 17823, Page 4445. The District has no future use of this right-of-way or
the reserved easements within the right-of-way to be vacated. The District did not pay for any of
these easements.
Motion by Mr. Buford, seconded by Mr. Feldhaus that proposed Ord. No. 121-10
be introduced.
Motion made, seconded and unanimously adopted to suspend the rules to allow
for adoption of Proposed Ord. No. 121-10.
Motion made by Mr. Buford, seconded by Mr. Goffstein that proposed Ord. No.
121-10 be adopted.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye J. Goffstein aye
R. Berry aye G. Feldhaus aye
D. Visintainer aye J. Buford aye
The Chair declared proposed Ord. No. 121-10 adopted and it was assigned Ordinance No.
13028.
INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 122-10 VACATING A PORTION
OF A VARIABLE WIDTH EASEMENT AS RECORDED IN DEED BOOK 8390, PAGE 1363;
AND ANY RIGHTS, TITLE, OR INTEREST OF THE DISTRICT IN A PORTION OF A
VARIABLE WIDTH ROADWAY & UTILITY EASEMENT & PARKING RESERVATION, ALSO
ANY RIGHTS, TITLE, OR INTEREST OF THE DISTRICT IN A PORTION OF A TEN (10’)
FOOT WIDE UTILITY EASEMENT AND A PORTION OF A SEVEN (7’) FOOT WIDE UTILITY
EASEMENT ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 235, PAGE
46; AND ANY RIGHTS, TITLE OR INTEREST OF THE DISTRICT IN A PORTION OF A
VARIABLE WIDTH ROADWAY & UTILITY EASEMENT & PARKING RESERVATION
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 286, PAGES 25-26 AND
LOCATED IN ADJUSTED LOT A OF A BOUNDARY ADJUSTMENT PLAT OF PART OF “THE
VALLEY CENTER”, SHARE 7 OF THE PETER STEFFAN ESTATE, LOT 4 OF A SUBDIVISION
OF THE WEST HALF OF U.S. SURVEY 126, TOWNSHIP 45 NORTH, RANGE 4 EAST,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 349, PAGE 493 OF THE
ST. LOUIS COUNTY RECORDS, IN THE CITY OF CHESTERFIELD, MISSOURI; FOR THE
PROJECT KNOWN AS VALLEY CENTER PLAT 4 (ST. LOUIS FAMILY CHURCH); P-0019682-
05.
Proposed Ord. No. 122-10 was presented and read. The District’s Engineering
and Operations Departments are requesting that a portion of an easement recorded in Deed
Book 8390, Page 1363 be vacated because there is a Private Pump Station within this public
easement. MSD’s Operations Department has expressed to the owners of this property that the
Private Pump Station is theirs to maintain, also any right, title, or interest of the District in a
portion of a roadway and utility easement and parking reservation in Plat Book 235, Page 46,
and any right, title, or interest in a portion of a ten foot (10’) and a seven foot (7’) wide utility
easement and any right, title, or interest in a portion of a roadway and utility easement and
parking reservation in Plat Book 286, Pages 25 & 26. The District has no further use of these
commercial easements.
Motion by Mr. Buford, seconded by Mr. Feldhaus that proposed Ord. No. 122-10
be introduced.
Motion made, seconded and unanimously adopted to suspend the rules to allow
for adoption of Proposed Ord. No. 122-10.
Motion made by Mr. Buford, seconded by Mr. Goffstein that proposed Ord. No.
122-10 be adopted.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye J. Goffstein aye
R. Berry aye G. Feldhaus aye
D. Visintainer aye J. Buford aye
The Chair declared proposed Ord. No. 122-10 adopted and it was assigned Ordinance No.
13029.
INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 123-10 VACATING A PORTION
OF A TEN (10’) FOOT WIDE EASEMENT AS RECORDED IN DEED BOOK 1688, PAGE 541
AND A PORTION OF A TEN (10’) FOOT WIDE EASEMENT AS RECORDED IN DEED BOOK
13687, PAGE 1350 LOCATED IN LOT 4 OF BABLER’S SOUTH SUBDIVISION ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 32, PAGE 47 OF THE ST. LOUIS
COUNTY RECORDS, IN THE CITY OF LADUE, MISSOURI FOR PROJECT KNOWN AS
BABLER LN #5 (SWITZER SANITARY RELOCATION), P-0024572-00.
Proposed Ord. No. 123-10 was presented and read. The District has been
requested to vacate a portion of a ten foot (10’) wide easement as recorded in Deed Book 1688,
Page 541, and a portion of a ten foot (10’) wide easement as recorded in Deed Book 13687,
Page 1350. The District has no future use for these residential easements and did not pay for
these easements.
Motion by Mr. Buford, seconded by Mr. Feldhaus that proposed Ord. No. 123-10
be introduced.
Motion made, seconded and unanimously adopted to suspend the rules to allow
for adoption of Proposed Ord. No. 123-10.
Motion made by Mr. Buford, seconded by Mr. Goffstein that proposed Ord. No.
123-10 be adopted.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye J. Goffstein aye
R. Berry aye G. Feldhaus aye
D. Visintainer aye J. Buford aye
The Chair declared proposed Ord. No. 123-10 adopted and it was assigned Ordinance No.
13030.
INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 124-10 VACATING A PORTION
OF A TEN (10’) FOOT WIDE EASEMENT LOCATED IN LOT F OF FOUNTAIN PLAZA AT
CLARKSON ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 355,
PAGES 287-288 OF THE ST. LOUIS COUNTY RECORDS, IN THE CITY OF ELLISVILLE,
MISSOURI; FOR THE PROJECT KNOWN AS CLAYTON & CLARKSON (FOUNTAIN PLAZA
COMMERCIAL LOTS 1D & 1B), P-0027944-00.
Proposed Ord. No. 124-10 was presented and read. The District has been
requested to vacate a portion of a ten foot (10’) wide easement in Lot F of Fountain Plaza
recorded in Plat Book 355, Pages 287-288. The District has no future use for this commercial
easement and did not pay for this easement.
Motion by Mr. Buford, seconded by Mr. Feldhaus that proposed Ord. No. 124-10
be introduced.
Motion made, seconded and unanimously adopted to suspend the rules to allow
for adoption of Proposed Ord. No. 124-10.
Motion made by Mr. Buford, seconded by Mr. Goffstein that proposed Ord. No.
124-10 be adopted.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye J. Goffstein aye
R. Berry aye G. Feldhaus aye
D. Visintainer aye J. Buford aye
The Chair declared proposed Ord. No. 124-10 adopted and it was assigned Ordinance No.
13031.
INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 125-10 VACATING A PORTION
OF A TEN (10’)FOOT WIDE EASEMENT LOCATED IN COMMON GROUND OF FOUNTAIN
PLAZA AT CLARKSON ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
355, PAGES 287-288 OF THE ST. LOUIS COUNTY RECORDS, IN THE CITY OF ELLISVILLE,
MISSOURI; FOR THE PROJECT KNOWN AS CLAYTON & CLARKSON (FOUNTAIN PLAZA
COMMERCIAL LOTS 1D & 1B), P-0027944-00.
Proposed Ord. No. 125-10 was presented and read The District has been
requested to vacate a portion of a ten foot (10’) wide easement in Common Ground of Fountain
Plaza at Clarkson recorded in Plat Book 355, Pages 287-288. The District has no future use for
this commercial easement and did not pay for this easement.
Motion by Mr. Buford, seconded by Mr. Feldhaus that proposed Ord. No. 125-10
be introduced.
Motion made, seconded and unanimously adopted to suspend the rules to allow
for adoption of Proposed Ord. No. 125-10.
Motion made by Mr. Buford, seconded by Mr. Goffstein that proposed Ord. No.
125-10 be adopted.
Motion passed – 6 ayes, no nays
Poll taken: E. Ross aye J. Goffstein aye
R. Berry aye G. Feldhaus aye
D. Visintainer aye J. Buford aye
The Chair declared proposed Ord. No. 125-10 adopted and it was assigned Ordinance No.
13032.
Resolutions
ADOPTION OF RESOLUTION NO. 2890, WHEREAS ORDINANCE NO. 12598, ADOPTED
MARCH 13, 2008, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY-
TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO
ENTER INTO A CONTRACT WITH ARMSTRONG TEASDALE LLP WHEREBY ARMSTRONG
TEASDALE LLP WOULD PROVIDE GENERAL LEGAL SERVICES, INCLUDING BUT NOT
LIMITED TO THE AREAS OF CIVIL LITIGATION AND RESEARCH, HUMAN RESOURCES
LAW, REAL PROPERTY LAW AND ADMINISTRATIVE MATTERS, FOR THE DISTRICT.
Resolution No. 2890 was presented and read. This Resolution authorizes the
second renewal of said contract.
ADOPTION OF RESOLUTION NO. 2891, WHEREAS ORDINANCE NO. 12599, ADOPTED
MARCH 13, 2008, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY-
TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO
ENTER INTO A CONTRACT WITH THOMPSON COBURN LLC WHEREBY THOMPSON
COBURN LLC WOULD PROVIDE GENERAL LEGAL SERVICES, INCLUDING BUT NOT
LIMITED TO THE AREAS OF CIVIL LITIGATION AND RESEARCH, HUMAN RESOURCES
LAW, REAL PROPERTY LAW AND ADMINISTRATIVE MATTERS, FOR THE DISTRICT.
Resolution No. 2891 was presented and read. This Resolution authorizes the
second renewal of said contract.
ADOPTION OF RESOLUTION NO. 2892 TRANSFERRING UNSPENT APPROPRIATED
BALANCES TOTALING $3,021,786 FROM SPECIFIC PROJECTS TO CONSOLIDATE
PROJECT-FUNDING SOURCES TO FUND FUTURE PROJECTS.
Resolution No. 2892 was presented and read. This resolution transfers is
necessary to consolidate projects and eliminate multiple fund source for a single project.
Motion made by Mr. Goffstein, seconded by Mr. Visintainer that Resolution Nos.
2890, 2891 and 2892 be adopted.
Motion passed – voice vote; 6 ayes, no nays
- - - -
Upon motion made Mr. Buford, seconded by Mr. Feldhaus, and unanimously
passed, the meeting adjourned at 5:56 p.m.
Secretary-Treasurer