MOPR Notes:  This is a 3-doc/5-page package.  The 2-page memo shows a "B" EXHIBIT tag on the bottom right of P1;  the list shows a "C" tag;  P1 of EM's 2-page Affidavit shows a "D" tag.



M  I  S  S  O  U  R  I


Mel Carnahan     Joseph L. Driskill

Community and Economic Development Garry E. Taylor
302 W. High Street Director

P.O. Box 118

Jefferson City, MO  65102


573-526-4157 (FAX)


TO:  Eric Martin, Attorney at Law


FROM:  Sallie Hemenway, CDBG [signed here]

RE: Valley Park/St. Louis County Buyout

DATE:  August 16, 1996


_____This memo is intended to update the appropriate parties in the City of Valley Park


_____1.  The eligible use of existing grant funds

  A.  1993
  B.  1994

_____2.  Response to:

  A.  Eric Martin's letter of August 5, 1996
  B.  St. Louis County's letter of August 5, 1996

_____3.  Possible solutions

  • 1993  Flood funds may be used to purchase property designated as the foot print of the levee.  (Cisneros letter of approval)
  • 1993  Flood funds may not be used to purchase vacant land.  (Requirements include 50% damage, and owner occupied or tenant occupied, as long as the Barney Frank amendment is in compliance.  (One for one replacement, and 104(d) tenant assistance.)
  • 1993  Flood funds may be used for commercial property purchases if the residential needs have been satisfied, but the properties still must meet the damage requirement, and the occupancy requirement at the time of the flood.  If owners vacated as a result of impending high water those properties are still considered occupied.
  • 1994  Flood funds may not be used to purchase property designated as the footprint of the levee.  (Cisneros letter)
  • 1994  Flood funds may be used to purchase vacant land.
  • 1994  Flood funds may be used to purchase commercial properties.
If I am interpreting your letter correctly, the three properties listed exist in the footprint (which eliminates 1994 money).  If you can determine that they meet the damage and occupancy criteria described above, and assure the State that you have met your communities residential needs, the properties would then be eligible for 1993 funds.
NOTE:  Although purchases of large parcels of land have not typically been addressed by the State, CDBG will issue a waiver for this purchase regarding their size.
Also, NOTE:  A CDBG interpretation of the re-use of the property acquired as a detention basin falls within the FEMA definition of open space and compatible uses.
The only solution currently available (assuming some or all properties meet eligibility) seems to lie with the current needs of your grant sponsor, the County of St. Louis.  Recent conversations with Mary Campbell introduced the county's need for 1994 flood funds.  As you know, the only State 1994 floods granted to the county, were ordered by contract to be reserved for Valley Park's use.  The amount they desire is estimated at $217,000, an amount amazingly similar to the value of your three properties.  If I may suggest an approach for Valley Park, I would:
     1) Determine eligibility and amount of your properties.
     2) Describe by letter to the county, your position and attach a copy of this
  memo.  (copy CDBG, Jill Friedmann-St. Louis office of the Govenor, and
  Buck Katt-SEMA)
     3) Request that the county respond by letter (including all cc's).  If an
  agreement is made with no objection from any party, the two communities
  may proceed with the stated solution.  Please make the State aware of
  any proposed changes to this scenario prior to enactment.
I hope that this will serve to meet the needs of all parties involved and a final arrangement can be achieved quickly.
Please feel free to call with any questions.

Valley Park Levee - Parcels Under Levee
Parcel # Address Owner Funding Source
25P120739 405 Glover Robert Mattingly CDBG-MDED
25P120940 530 Glover Burt Investments CDBG-MDED
25P121183 431 Glover Wayne Provencher CDBG-MDED
25P140043 612 Barthold   CDBG-MDED
25P211493 612 Glover Double Eagle CDBG-MDED
25P230032 614 Napton Burt Investments CDBG-MDED
25P230041 716 Napton Le_u CDBG-MDED
26P410165 115 River John Mitchell

Other funds from Non-

Federal Sources

26P410275 114 River John Larretto CDBG-MDED
26P540064 35 Pharoah Stanley Rea CDBG-MDED
26P540075 904 Oasis Stanley Rea CDBG-MDED
26P640112 914 Oasis Edith Pace CDBG-MDED
26P541708 91(8or6?) Oasis Edith Pace CDBG-MDED
26P541809 924 Oasis Edith Pace CDBG-MDED
26P630725 23 Pharoah Stanley Rea CDBG-MDED
26P631254 1008 Oasis Simpson Sand CDBG-MDED
26P631311 1014 Oasis Simpson Sand CDBG-MDED
26P631397 1020 Oasis Stanley Rea CDBG-MDED
26P634125 1033 Palm Helen Stuart CDBG-MDED
26P634224 1013 Pyramid Irene Schmid CDBG-MDED
26P634235 1015 Pyramid Simpson Sand CDBG-MDED
26P634246 934 Oasis Donald Ruzicka CDBG-MDED
26P634257 1010 Oasis Lawrence Poindexter CDBG-MDED
26P634268 1016 Pyramid Helen Stuart CDBG-MDED
26P634345 1012 Pyramid D. Bradshaw CDBG-MDED
26Q510089 4H Arnold Viola Barnett  
26Q610090 4A Arnold    
26Q610100 16 Arnold Joseph Hasty CDBG-MDED
26Q610201 16A Arnold Curtis Link CDBG-MDED


103 Marshall

John Mitchell

Other funds from Non-

Federal Sources




COMES NOW AFFIANT, Eric Martin, being first duly sworn, now
states and alleges as follows:
1.  Affiant is the City Attorney of the City of Valley Park,
  Missouri, a city located in St. Louis County, Missouri.
  2.  Affiant is aware of the Lower Meramec River Flood Control
Project (Valley Park, Missouri levee) sponsored by the United
States Army Corps of Engineers and the need of the City of
Valley Park, Missouri, as local sponsor, to acquire the lands and
easements upon which a levee will be built to protect the City
from the floodwaters of the Meramec River and tributaries
thereof;  and
  3.  Affiant, as the City Attorney of Valley Park, Missouri,
has been personally involved in obtaining and disbursing through
St. Louis County, Missouri, 1993 and 1994 Community Development
Block Grant Funds, including property in the footprint of the
Valley Park, Missouri levee project.  Said funds were expressly
authorized by letter from the Secretary of the U.S. Department
of Housing and Urban Development on July 19, 1995.
  4.  To the best of Affiant's knowledge, information and belief,
neither P.L. 103-211 or its implementing regulations required that
acquired properties be subjected to use restrictions, other than
as outlined in Sections 3 and 4 of the Hazard Mitigation and
Relocation Assistance Act of 1993;  and
  5.  Affiant is aware that properties attached hereto were
acquired by the City of Valley Park through the expenditure of
1993 CDBG appropriations and that no Section 404 funds (Hazard


Mitigation Grant Program) were used to acquire said properties; and
6.  Affiant is aware that title was processed by a third
party administrator and the title inadvertently uses a FEMA
restricted deed form, but that use of the restriction was in error
since no Section 404 monies were used to acquire title to said




  Eric Martin;  City Attorney
  City of Valley Park, Missouri


  )   SS

_____On this [23] day of  [November,] , 1998, before me

personally appeared Eric Martin, who being first duly sworn on his
oath, stated that the facts above are true and correct, according
to his best knowledge, information and belief.
_____IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal in the County and State aforesaid, the day and
year first above written.
Notary Public
My Commission Expires:   [7-25-99]         
Deborah Miller
Notary Public, State of Mo.
County of St. Charles
My Commission Expires: July 25  1999