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West Newsmagazine 6/3/15

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14 I NEWS I<br />

June 3, 20<strong>15</strong><br />

WEST NEWSMAGAZINE<br />

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A Legacy or a Mess<br />

According to<br />

a survey by<br />

Forbes, about<br />

60% of American<br />

households<br />

have no<br />

estate planning.<br />

They<br />

have no plan<br />

for who is to take the minor<br />

children, who is to manage the life<br />

insurance proceeds, or how the<br />

money is going to be distributed or<br />

administered.<br />

In a sense, failing to plan is a plan,<br />

but not a good one. The state fills<br />

the void with a plan of its own.<br />

Under that plan, if there are minor<br />

children, then a large chunk of the<br />

estate will be administered by the<br />

courts for the kids and not for the<br />

surviving spouse. If both parents<br />

die, the courts will decide who gets<br />

the kids; young kids can get large<br />

sums of money that can ruin them;<br />

and then there are the probate fees.<br />

That's a bad plan.<br />

Failing to plan does leave a legacy<br />

of sorts, but probably not the kind<br />

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planned, well administered program<br />

that provides for your spouse and<br />

children without unnecessary<br />

government interference. It can also<br />

include a gift to charity that will<br />

keep your memory and values alive.<br />

Henry's story is one of those<br />

legacies. When he and his wife died,<br />

they left a legacy in the form of a<br />

scholarship endowment at one of<br />

the local colleges. That endowment<br />

perpetuates their memories and<br />

furthers a cause that was near and<br />

dear to their hearts.<br />

To find out more about Henry's<br />

story, please see my blog article,<br />

"Henry's Legacy", at my website at<br />

www.law-matters.net. While you're<br />

at it, Feel free to check out the other<br />

articles too.<br />

A portion of the “Winters Brothers” property in question, looking west.<br />

@WESTNEWSMAG<br />

WESTNEWSMAGAZINE.COM<br />

St. Louis County Planning Commission<br />

to hear proposal for gravel plant<br />

By MARY SHAPIRO<br />

mshapiro@newsmagazinenetwork.com<br />

A public hearing is set for 7 p.m. on<br />

Monday, June 8 to consider a request from<br />

Winter Brothers Material Company to<br />

expand its opertions near Eureka.<br />

Coming before the St. Louis County<br />

Planning Commission, Winter Brothers,<br />

doing business as Augustine Aggregate, is<br />

seeking a conditional use permit for extraction<br />

and processing of sand and gravel on<br />

537 acres of a total 900-acre site along the<br />

western bank of the Meramec River.<br />

The vacant property – south of Interstate<br />

44 about a mile east of Hwy. 109 – includes<br />

783, 788 and 454 Augustine Road and 750,<br />

720 and 650 Votaw Road.<br />

Eureka’s Planning and Zoning Commission,<br />

in November 2014, voted to give negative<br />

recommendations to the Board of Aldermen<br />

regarding the company’s request for rezoning<br />

and a special use permit for 247 acres of<br />

property it owns in Eureka. That property is<br />

adjacent to the St. Louis County site and is<br />

located at Williams and Augustine roads.<br />

Members of the commission cited potential<br />

traffic and quality of life concerns about<br />

the plan. For instance, commissioners<br />

feared potential problems with truck traffic<br />

on Hwy. 109, especially trucks trying to<br />

make tight turns, such as onto I-44.<br />

Craig Sabo, Eureka’s city administrator,<br />

said Winter Brothers withdrew its proposal<br />

following the P&Z recommendation, so<br />

the Eureka Board of Aldermen never had a<br />

chance to vote on the plan.<br />

Gregory Hoffmann, an attorney for<br />

Winter Brothers, said the county property<br />

has been owned by the company since<br />

1974, as has the site in Eureka. A tenant<br />

farmer currently uses some of the property.<br />

“We would hope our facility would be operational<br />

about 18 months after we get the permit,<br />

but we don’t know if we’d need to go through<br />

FEMA for floodplain map adjustments and, if<br />

so, that would be a lengthy process,” he said.<br />

Hoffmann said the firm withdrew the<br />

Eureka proposal because company officials<br />

determined they did not need to locate<br />

the sorting plant in Eureka.<br />

“When we began the process, we understood<br />

we couldn’t locate the plant in the<br />

county, but it turns out we can,” he said,<br />

adding the county property is south of the<br />

Eureka site. “Also, the county property is<br />

better suited for what we want to do.”<br />

Winter Brothers is requesting hours of operations<br />

from 6 a.m.-10 p.m. daily but the retail<br />

operation would stop at 4 p.m., Hoffman said.<br />

“Initially, we think four to six trucks per hour<br />

would enter and leave the site, but once we get<br />

fully operational, about 10 years after we open,<br />

it’s likely there would be 16 to 24 trucks per<br />

hour estimated to enter and leave,” he said.<br />

He said he anticipates much of the same<br />

opposition from residents that faced the<br />

Eureka proposal. But he added, “we’ve<br />

made modifications to the plan.<br />

“For instance, there were concerns<br />

expressed on trucks accessing the Hwy. 109<br />

interchange with I-44 and there were also<br />

concerns about the length of the acceleration<br />

lane at Williams Road. We have developed<br />

plans to make improvements to 109 and<br />

Williams Road and those plans have been<br />

approved by MoDOT so we think we’ve<br />

addressed traffic concerns,” Hoffman said.<br />

He said plans are to make modifications<br />

to the median on Hwy. 109 to improve the<br />

turning lanes. On Williams Road, plans are<br />

to extend the acceleration lane by 300 feet.<br />

“We’re optimistic we’ll win approval<br />

from the county for the plan,” he said.<br />

Hoffmann also has said a so-called “wet<br />

extraction” process used by the company<br />

would allow for sand and gravel extraction<br />

by hydraulic dredge, so there would be no<br />

blasting or crushing.<br />

Regardless, some nearby residents continue<br />

to have concerns.<br />

Dr. Steve Sanders, who lives on Pleasant<br />

Valley Estates Drive in unincorporated St.<br />

Louis County, said that the Eureka/southwest<br />

county area today is different from<br />

decades ago when the company purchased<br />

the site. Its fast growth has led to denser<br />

population and more traffic, he said.<br />

“There are 400 homes in Augustine Heights,<br />

Pleasant Valley Estates and in Jefferson County<br />

looking across the valley, all very close to the<br />

See GRAVEL PLANT, page 16

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