MM's VP  Public Records Requests '02 & 03

(updated 5/20/05)


MOPR Notes:  (Ref on Docs Page, MM's VP  Public Records Requests '04 & 05.)  In addition to the written requests below, on 10/29/02, I spent about 3 mins on the phone with EM.  I told him that I'd just called JZ whose out-going message referred me to Pat English's #;  she wasn't there either but I'd left my name & # for her to call.  When I asked EM where the AL boring samples were stored that supposedly showed a thinner clay layer at AL - maybe at the COE's ofc downtown.  He said, "God, I have no idea.  I mean I have NO idea."  When I said ok, maybe Pat English will call me back, he said ok.  I said thanks & he hung up.  His 10/30/02 levee bill states, " Call from MM on location of samples = 0.3" which is about 18 mins.  


Letters below:  6/4/02 MM to DM;  6/18/02 PP to MM;  12/31/02 MM to PP;  1/7/03 PP to MM;  1/9/03 MM to PP;  1/14/03 PP to MM;  1/21/03 PP to MM;  1/29/03 MM to PP;  3/4/03 MM to PP.  TG's 3/30/03 Discovery Letter/fax to EM & his 4/1/03 response. 


>  The following excerpts from EM's bills might pertain to the above requests altho there may be more such excerpts & altho his bills have mentioned a Shelly Morris (EM uses F01, F zero one, instead of FOI for Freedom of Information):


CITY Bills - 1/7/03:  Call Terry on cert. letter date = 0.3.  Draft response crsp for clerk = 0.9.   Email to PP, review ord on records request = 0.6.   1/8/03:  Obtain LCA amendmt for Morris request = 0.7.   1/13/03:  Obtain docs for Morris letter, call to PP, Roxanne = 0.8...Call PP on response = 0.3.   1/14/03:  Finish response to Morris F01 request = 0.6.   1/15/03:  Receipt of Morris F01 request, prepare response & fax to PP = 0.4.   5/31/03:  Review prop acq files for COE review & compile lists of alphabetical code designation & remainders = 3.9.   6/30/03:  Call from MW on F01 (Morris) request = 0.2. 


LEVEE Bills - 1/9/03:  Obtain LCA from JZ, conf with same = 0.8.  3/31/03:  Prepare response to Morris;  conf with JZ, letter to Reinheimer;  conf with Conroy;  conf with Kirk Carson = 8.7.   4/1/03:  Research discovery under 86, prepare for hrg, conf with JZ;  prepare for Ct on possession & Morris, call Feder = 5.9  Receipt & review of Morris Motion, response to same;  call to Feder = 3.1   4/2/03:  Go to city, search Maureen files = 1.4  >


Aside from Discovery for court cases, is it customary for Custodians of Records in 4th class cities to consult their ($90/hr) city atty prior to fulfilling Public Records Requests? 


6/4/02 MM to DM

((Roxanne at city hall signed for this personally-delivered letter 6/5/02, 10:50 am.))


6/4/02 - ((To))  Mayor Dan Michel, Valley Park City Hall, 320 Benton St., Valley Park, MO  63011((oops))

Dear Mayor Michel: 

At last night's Board of Alderman meeting, you requested that I submit a list that very night of the document copies I need.  Due mainly to my displayed distress resulting from the run-around I've been given & my desire to submit a more complete & typed request, I apologize for not being timely.  I hope you & others involved at least understand that my nasty attitude is a justified reaction to my numerous, unfortunate & serious dealings with the city over about 2 yrs now.


The documents I need are:  Bill # 1681, Ord # 1556, an ordinance approving an Amended Redevelopment Plan for VP's levee & infrastructure project, approving changes thereto & affirming related findings, passed at the 5/6/02 Board Meeting.  (Enclosed is part of my meeting tape transcript for reference.)  All Levee Commission, Board of Alderman Meeting Minutes & Construction Progress Reports from 6/99 thru now.  Alderman Causey's 4/11/02 TIF Hearing minutes, alias Eric Martin's 4/11/02 TIF Hearing Summary.  Page 1 of the Amended Redevelopment Plan.  All Steering Committee reports & meeting minutes.  Around 12/00 & into 2001, their purpose was to check-out locations, including Arnold's Landing/Grove, for a possible new city hall/community center.  All 4 or 5, possibly 6 proposed levee footprints for the Arnold's Landing/Grove area.  I guess I'd better explain that.


In the 3/18/02 Levee Meeting, I asked Mr. Martin if there were 4 or 5.  He said the one on the table was the final & probably the 4th or 5th, wasn't sure but hoped it was the final one.  I asked for copies of at least 4 & he said, "Oh, I don't know about that, I can give you a copy of the final one, but as far as predecessors I gotta tell ya, I usually, when they come in my office, I toss 'em if they've been superceded because otherwise it gets too confusing."  Someone on the tape was laughing.  When I asked Jim Zerega, he said that was before he was involved.


On 9/5/00, I had asked Mr. Martin specifically for a copy of the Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970, P.L. 91-646.  Since he told me it was for owner occupied properties, & there was not one for rental properties, except for the tenants, I dismissed it at that time.  Some other things he mentioned were that he already had a petition, could take over my property in just 60 days, & if I didn't agree, the jury trial would take 1.5 to 2.5 yrs & I'd get none of my rental income during that time, but that could be my damages.  It was not a good day for me!  I felt he thought I'd be consoled by the damages bit.


I just talked to Mr. Gentleman Tom Horgan of U.S. Congressman Todd Akin's office, & he has the the mail to me already!  He's also mailing me the FOIA & even offered to get me the COE's guidelines for the Uniform deal if I want!  What a guy!!!  He is so wonderfully helpful, efficient & appreciated!  I was delighted to have also had the opportunity to speak with Mr. Jim Mitas!


Mayor Michel, so that I won't feel so left out, I would really appreciate being put on the city's mailing list for the new City Directory, as well as the VP Newsletters.


I sincerely appreciate your cooperation & the final cooperation of others.  Oh, & I need the 2 dates of the Post-Dispatch Newspapers where Eric Martin said he published notice of the TIF Hearing.


Thank you, [signed], Maureen Morris, Eminent Domain/TIF Victim, XXXX, Manchester, MO  63011

Enclosures:  2

c:  Tom Horgan, Jim Mitas, Eric Martin, Board of Alderman, Pat Pillow, Property Rights Foundation of America -, Institute for Justice. 


6/4/02 Enclosures (2 pages)


DM Mayor Dan Michel RC Ald Russ Causey
PP Pat Pillow, City Clerk DA Ald Dan Adams
JW Ald Jeffrey Whitteaker EM Eric Martin, City Atty
TB Ald Tom Bolte YH Your Honor

DM: Under old business, ordinances, bill 1681, an ordinance approving an Amended Redevelopment Plan for the City of VP, MO, levee & infrastructure project, approving changes thereto & affirming related findings.  Was this ord properly posted, Mr. Pillow?  PP: This is one that hadn't been approved yet.  We haven't signed an ordinance to reject it.  Yes, sir, it was posted.  DM: Is there a motion for approval of Bill #1681?  (moved & 2nd).  Ord #1556.  JW: Were the mins already passed that this action came from through that mtg?  I don't remember ever seeing those mins.  Oh, I'm gettin' 'em now? 

EM: I think there were some minutes that were prepared by the prior clerk & we couldn't find those.  These are the same.  I, I apologize.  It's a, it's a different body (_ _ _ _ _).   DM:  Since this other, the mins are from a different body, Mr. Martin's informed me, I guess we can go ahead & vote on this ord that's in the packet here tonight, as it is on the agenda.   

EM: Yeah, that body actually communicates to this body by resolution, & um the, the, there is a resolution in the back that was appended to the ord that passed, 7 zero.  I've gotta  get the acting chairman to sign it. She does have a signed copy.  I've seen it around some (_ _ _ _ _).  DM: Are there any comments on the ord itself then about the Tax Increment Financing (_ _ _ _).  

JW: YH, I don't remember RC taking these mins.  Did RC take these mins?  EM: Absolutely.  I, I asked him to & uh, he submitted them.  JW: I don't think he was  nominated as sec"y that night, but he's not even on  the Cmsn, so I don't know how RC could submit them.  EM: I'm not sure if anybody was acting as sec'y of the mtg.  I asked him to do it, because  I was trying to do it (_ _ _ _).  JW:  Well, if Russ said that's what he did, that's what he did.  DM: Anything else JW? (no) Tku.  Any other cmts on the ord?

DA: YH, just a question as far as procedure.  Did we read this ordinance caption only, first reading, just as a procedure?  Could we do that?   DM: I read the heading. I don't know if, read the entire as posted.  DA: No, no, he did, okay, I'm, I'm sorry.  DM: I'm glad you're keeping me honest here.  (Etc.  Passed 7-0)

DM: Tku, Bd. I apologize for skipping over the speaker cards earlier, getting the agenda & various things. I'd like to go back & recoup that now.  First speaker  card I've got is Ronald McCabe, Sr.  Comments please, sir?  Mr.M:  I'm not much of a speaker but I want to talk to the ald we got up here representing, supposed to be representing the City of VP & the people of VP.  (audience man speaks out:  Excuse me, who's the speaker, could he identify himself please.) My name is Ronald McCabe & before I get started, I'd like to say this doesn't include the mayor, or Mr. Whitteaker, or Mr. Pillows or Mr. Bolte.  I feel like these guys, when they're up here, passing their agendas or whatever, or proposing, or whatever, they do with an open mind.  It seems like the rest of you's are having  a little clique up here.  There's been too much chaos going on up here at the city hall for years & we all know it, & everybody says there's a little clique up here & I think it's a shame the way you're representing the City of VP & wasting their money.   

You got rid of a good city clerk that knew her job & did it well.  You hired a man, no, no, no disrespect, to do her job, that had no experience & now you want the taxpayers to give him money to teach him his job.  Seems to me like that's wasting city money, when you had a person up here who done a fantastic job.   

This man, the mayor, is trying to do right by the citizens, (_ _ _) from this town.  He's the ald that I went to whenever I had a problem & he was in a whole different ward.  I couldn't get an ald to do something for me.  I think it's a shame the way you people are operating this city.  It's a disgrace.  That's all I got to say, but I can leave here with a clear conscience, because I can honestly say I only voted for one man up here & that's Mr. Dan Michel for mayor.  I didn't vote for them two that's in my ward.  So I can go home with a clear conscience (_ _ _ _).  (A few ald looked only, or mostly at their papers while  Mr. McCabe spoke.)  DM: Tku, Mr. McCabe. (ETC) 

6/18/02 PP to MM

18 June, 2002  [certified] , TO: Ms. Maureen Morris, XXXXX, Manchester, MO  63011

FM: Thomas P. Pillow, City Clerk,  Subject:  Your Request for Information, Letter dated 4 Jun 02.


This letter is to confirm my attempt to stay within the Law and guidance of Missouri Statue chapter 610, release of information.  I have advised you verbally that I am a newly appointed City Clerk and requested the afforded time to locate requested documents.  I also have attempted to stay within my 72 hours:  1.  By advisement to you and verbally advising you  2.  Gave you a copy of our ordinances reference Custodian of records, section 127.030, and section 127.040, Charges for records/copies both of the Municipal Code City of Valley Park.  I advised you at the time you were at city Hall (around the 7th of June) that I had prepared the ordinance # 1556 with Exhibit A, and requested that you give me time to gather other documents dating back to June of 1999. 


This letter is also to follow-up on my phone call to you on Monday, 17 Jun 2002.  I left a message on your answering machine.  Since I did not receive a return call, I again upon seeing you that night at the Board of Aldermen meeting made sure you received my call, and you acknowledge to me that you did receive my call.


I presently have prepared the requested documents from Ordinance # 1556 with Exhibit "A" to all the Board meeting minutes from Jun99 until now.  I am presently attempting to contact personnel that were responsible for all levee minutes, and Construction Progress reports.  I will keep contact as by law to advise you of my progress.


Total owed as of to-date is .10 cents times 266 pages of minutes = $26.60 plus 37 pages of Ordinance and Exhibit "A"=$3.70, plus $15.00 for 1 hour locate/document search.  Added together Total charge so far is $45.30. 


I need you to contact me concerning payment and discuss my continued efforts to complete your request.  If you have any questions please feel free to contact me between the hours of 0800-0430P.M.

Sincerely, [signed],  Thomas P. Pillow,  City Clerk

12/31/02 MM to PP

12/31/02  [sent certified 1/2/03],  ((To))  Mr. Pat Pillow, City Clerk, Valley Park City Hall, 320 Benton St., Valley Park, MO  63088, Re:  Public records requests since 4/29/02

Dear Mr. Pillow:

This is to document, clarify & add to my requests for public records.


In the afternoon of 4/29/02 at VP City Hall, I asked the office staff for copies of all Levee & Bd of Aldermen meeting minutes since 6/99 & Eric Martin's 4/11/02 TIF Hearing Summary.  When you arrived, you noted my requests for the levee minutes & the hearing summary.  At the 6/3/02 Board of Alderman meeting, I publicly requested the above 3 items & added Ordinance 1556 & all Levee Construction Progress Reports.


On 6/5/02 at city hall, I dropped off my 6/4/02 written request specifying, since 6/99 thru 6/4/02 on the Construction Progress Reports & the Bd of Alderman & levee minutes;  & added requests for Page 1 of VP's Amended Redevelopment Plan;  all Steering Committee Meeting Minutes & Reports;  & copies of all of possibly 6 proposed levee footprints for Arnold's Landing/Grove.  I also asked to be included in the city's mailing list for a new City Directory (I'm sorry if you got in trouble giving that to me on 12/3/02), as well as VP Newsletters.  I have not received any newsletters.


On 6/11/02, I received in the mail from you, pages 28 & 29 of VP City Codes, Section 127.010 thru 127.050, Custodian Of Records & Charges For Records/Copies.


On 6/17/02, at 1:45 pm, you left me a phone message that you had quite a bit of my requested paperwork & wanted to talk to me about it.  However, I had left home that day at 1pm to attend the VP Levee Meeting at the Corps of Engineers' office downtown.  Since that meeting lasted till about 4:30, I didn't get home to get your message till about 5:30;  VP City Hall closes at 4:30, so I didn't call.  At the 7:30 Bd of Alderman Mtg that night, I responded to you that I had received your message & would call you 6/18 about my requests. 


On 6/18, about 12:30 pm, I left a message with Terry at city hall to have you call me.  I didn't hear from you, but on 6/20 at 3:20 pm, I received a certified letter from you dated 6/18.


During our phone conversation on 6/21 regarding that letter, I asked about the $45.30 charge, wondering how it was that you spent 60 minutes @ $15.00/hr, searching for one ordinance & the Board of Ald Mtg Minutes, since the minutes are all together in binders at the library, a few seconds from your office. You answered that you had also searched through 26 boxes in the hot attic for levee minutes to no avail;  needed time to talk to those responsible & that somebody needed to formulate those minutes;  you requested an audit of all records;  mentioned getting with the Historical Society;  you & 3 aldermen would have to do an inventory by law & maybe I could help.  I explained that I just didn't think I should be charged for your searching time due to the city's problematic record keeping or possible lack thereof.


On 6/21/02, I arrived at city hall about 3 pm & met with Roxanne, who was very professional.  I paid $45.30 & picked up Ord # 1556 & the Bd of Ald Mtg Minutes for 6/7/99 thru only 4/1/02so other than these documents, everything is still outstanding, unfortunately including an approved 2002-3 City Directory Per Section 127.030 of VP's Municipal Codes, I asked Roxanne for the "appropriate request for public records form";  she did not have it, but noted & said she'd check with you about it.  It's a shame that time & money was wasted copying the 35-page Amended Redevelopment Plan & its attachments as Exhibit A of Ord 1556, because speaking at the 5/6/02 Bd of Ald mtg, I clearly stated that I had already been given a copy of it in lieu of Eric Martin's TIF Hearing Summary. 


At the 10/7/02 Bd of Aldermen meeting, they said you were in the hospital, so I was surprised, but glad to see you at city hall on 10/10.  When I requested Ordinances 1505, 1512 & 1572 & a signed & dated Arnold's Grove Resolution, you handed me a City of VP Request for Public Records form;  I'd never seen one before.  I filled it out & gave it back to you immediately.  Thank you very much for sealing the documents when I picked all of them up & paid $6.90 on 10/15.  Also on 10/15, you said you would be out of town for a few days or so, but that you would call me the next week & work on fulfilling my 4/29/02 & 6/4/02 requests.  I haven't heard from you, but hope you'll have those documents soon.


Due to reasons above, plus the details in my 6/3/02 Board address, please consider this my 1/1/03 Public Records Charge Refund Request.  This refund is also & mainly requested because I plan to post the information from these documents on my website & I hereby certify, not for commercial interest, but for the public's information, health, safety, welfare &/or morals in conjunction with the VP Levee Project which will protect lives & property throughout the community whenever construction is completed.  The public has a compelling need to understand governmental operations & activities, especially in order to alleviate suspicions of possible wrongdoings.


Enclosed is my City of VP Request for Public Records, dated 12/31/02, listing additional documents & such that I would like to have ASAP.  For the same reasons stated above, I would appreciate a fee waiver, & if the Sunshine Law provides it, an expedited review of my additions.  If you will not waive the fees, I am willing to pay $50.00 (fifty dollars).

Thank you, [signed], Ms. Maureen Morris, Property Rights Activist, Enclosure




Name MAUREEN MORRIS,   Date  12/31/02   Time  3:30 PM, 

Address  xxxxx, MANCHESTER, MO  63011, Telephone No. xxxxx

I would like to request the following public records:



1/7/03 PP to MM

7  January,  2003 [certified],  TO:  Maureen Morris, XXXXX, Manchester, MO  63011

RE:  Your request for information letter dtd 12-31-02

Ms Morris, I am in receipt of your request for public documents (your letter dated 31 December, 2002) and received by me on close of business 3 Jan 2003.  I am attempting to meet the requirements of the Missouri Sunshine Law and sought my legal council about your request on Monday, 6 January 2003.

As you know, the city charges fees for the cost of exemplification at the rate of $.10 per page together with document search time costs of $15.00 per hour (Ref: Valley Park Municipal Code 127.040).  Valley Park Municipal Code 127.040 requires this fee to be received prior to duplication of documents or prior to commencement of a search.  Due to the large volume of records requested, it will be several additional working days before I am able to research, locate and compute the above fees.  Some of the records you requested may not be available due to Valley Park Municipal Code Section 127.010 (Meetings may be closed-When).

Thank you for your patience and understanding.  If you have any questions please feel free to contact me at my office 636-225-5171.

Sincerely, [signed], Thomas P. Pillow, City Clerk

1/9/03 MM to PP

1/9/03  [certified],((To))  Mr. Pat Pillow, City of VP, 320 Benton St., Valley Park, MO  63088

Dear Mr. Pillow:

Below is my 1/9/03 City of VP Request for Public Records, listing additional documents & such that I would like to have ASAP.


I plan to post the info from these docs on my website & I hereby certify, not for commercial interest, but for the public's information, health, safety, welfare &/or morals in conjunction with the VP Levee Project which will protect lives & property throughout the community whenever construction is completed.  The public has a compelling need to understand governmental operations & activities, especially in order to alleviate suspicions of possible wrongdoings.


For the same reasons stated above, I would appreciate a fee waiver, & if the Sunshine Law provides it, an expedited review of my request.  If you will not waive the fees, I am willing to pay $15.00 (fifteen dollars).  Please letter me as to the fee waiver/cost & pick-up date.

Thank you,[signed], Ms. Maureen Moris ((oops)), Property Rights Activist, Enclosure




Name:  MAUREEN MORRIS, Date:  1/9/03  Time:  Whatever,

Address:  XXXX, Manchester, MO  63011, Telephone No.  XXXXX

I would like to request the following public records:  Copies of all development proposals & attachments thereto, for the Arnold's Landing/Grove area from 1/1/95 thru 1/8/02.




1/14/03 PP to MM

January 14, 2003 [certified], ((To))  Ms. Maureen Morris, XXXX, Manchester, MO  63011

Dear Ms. Morris:

Pursuant to City Ordinances, I have computed the following amounts necessary before your claim can be processed, or I cannot provide you with certain documents for the reasons herein:


1.  City attorney bills for 1999, 2000, and 2001 are located in storage, by month.  It will take an estimated three hours to obtain these monthly packets, remove, photocopy, replace and return same.  Each statement is an average of three pages with two statements monthly.  Photocopying therefore is approximately 216 pages at .10 cents per page.  Therefore, $45.00 for retrieval and processing plus $21.60 is necessary for this request.  Total $66.60.


2.  Amended Redevelopment Plan of 2002 is forty-nine pages, retrieval is at the minimum rate of $5.00 (1/3 of 1 hour).  Therefore, $9.90 is necessary for this request.


3.  The City Clerk does not possess a list, by property addresses and owners' names together with closing dates and compensation paid;  further, a compendium of such information would be closed records pursuant to Ordinance 127.010(1) and (2).


4.  The City does not have PL-97-128, it is a federal statute.

5.  The Comprehensive Plan contains 113 pages at .10 per page, therefore, $11.30 is necessary plus $5.00 retrieval and processing - $16.30.

Ms. Maureen Morris, Page 2, January 14, 2003

6.  Future Land Use - contained in Comprehensive Plan.

7-8.  Ordinance 949 contains 8 pages at .10 per page, 1062 contains 52 pages at .10 per page - $6.00.

9.  Local Cooperation Agreement is twenty-eight pages at .10 per page - $2.80.

10-12. Ordinance 1124, 1250 and 1402 contains 12 pages at .10 per page - $1.20.

13.  Ordinances are indexed by number, that information was not provided.

14.  Not enough information is available to locate this item.

15.  TIF Resolution is available at .10 per page - .20.


Document search time of two hours for items 7-15 is estimated at $15.00 per hour for a total amount of $30.00.  Therefore, to process your request, the sum of $133.00 will be needed.

Sincerely yours,[signed], Pat Pillow, City Clerk   

1/21/03 PP to MM

((In 9/03 I obtained a copy of Mr. Rucci's 12/21/99 Letter & Plan to Mayor DA.  Should it have been FILED with the city?))


January 21, 2003 [certified], ((To))  Ms. Maureen Morris, XXXXXX, Manchester, MO  63011

Re:  Request of January 9, 2003 letter.

Dear Ms. Morris:

There are no development proposals for the Arnold's Landing/Grove area that have ever been filed with the City of Valley Park from 1995 to 2002.  If you have any further questions please feel free to contact me at any time.

I apologize for the late response I was out sick on Thrusday 16 and Friday 17 January 2003.

[signed], Pat Pillow, City Clerk

1/29/03 MM to PP

1/29/03 [certified], ((To)) Mr. Pat Pillow, City of Valley Park, 320 Benton St., Valley Park,  MO  63088

Dear Mr. Pillow:

On 1/10/03, I received your 1/703 letter.  On 1/21/03, I received in one envelope, 2 of your letters dated 1/14/03 & 1/21/03.  Thank you.


In my 12/31/02 letter to you, I asked that the my public records requests fees be waived & those paid, to be refunded since I plan to post the info from these records on my website & I certified, not for

commercial interest, but for the public's information, health, safety, welfare &/or morals in conjunction with the VP Levee Project which will protect lives & property throughout the community whenever construction is completed;  & that the public has a compelling need to understand governmental operations & activities, especially in order to alleviate suspicions of possible wrongdoings.


Perhaps you have overlooked that.  Or am I to interpret your letters as the city's refusal to:  refund the $45.30 & $6.90 I paid on 6/21/02 & 10/15/02 respectively, totaling 52.20;  & waive or reduce the fees due totaling $133.00 for my 12/31/02 requests?


When can I expect to receive the records I requested on 6/4/02?  I would like the fees for those records waived for the same above reasons.


To organize & more easily track these requests, I have included a numbered list of outstanding records requested on 6/4/02.  I will use your numbers along with my request date for those of 12/31/02;  & I will number future requests.


I have deleted Item #4, PL 97-128, from my 12/31/02 request list since it is a federal statute;  Item #13 is Ordinance #1548;  Item #14, as I stated is the 3/15/02 letter to the TIF Cmsn outlining proposed changes, & furthermore, it is listed on page 10 of VP's Amended Redevelopment Plan.  I hope you can find these items now.  You did not number or mention the last item, we'll call if #16, on my 12/31/02 list. Please let me know if you can obtain those records.


Pat Pillow, 1-29-03, P. 2 of 2.

Regarding Item #3 from 12/31/02, am I correct to presume that by stating that you, as the City Clerk, do not possess the required list, that one does not exist?  If so, please provide documents that will enable me to create a compendium entitled "All Property Acquired for the Entire VP Levee & its Infrastructure Thru 1/29/03".  This compendium will list addresses of properties, property owners' names, settlement dates & any & all compensation paid/awarded.  In those cases where a specific address may be unavailable, a locator number will suffice.  Please letter me as to specifically which info is considered closed records, & provide the info that is not.


I ask that the fees be waived on my enclosed 1/29/03 Request for Public Records requests for the same above reasons.

Please seal/stamp all records & document any questions or comments you may have.

Thank you, [signed], Ms. Maureen Morris, Property Rights Activist


1/29/03 Enclosure



Name:  MAUREEN MORRIS, Date:  1/29/03  Time:  Whatever, Address: XXX, Manchester, MO  63011

Telephone No.  XXXXX

I would like to request the following public records:  

(My Item #012903-1), all development proposals & attachments submitted to &/or filed with the city, from 1/1/95 thru 1/29/03, for the Arnold's Landing/Grove area.  Also, (My Item #012903-2), the attendees list for the VP Levee Commission Meeting on 6/17/02 at the COE office.  The COE has informed me that Mr. Dave Cusack has that list.  Also, (My Item #012903-3), Levee Cmsn Progress Reports from 6/4/02 thru 1/29/03;  (My Item #012903-4), Ordinance #127.010.



#'d List of Outstanding Public Records Requested on 6/4/02

Item # Description
060402-1 Eric Martin's 4/11/02 TIF Hearing Summary, aka Russ Causey's 4/11/02 TIF Hearing Minutes
060402-2 Levee Cmsn Mtg Minutes from 6/99 thru 6/4/02
060402-3 Bd of Aldermen Mtg Minutes from 4/02 thru 6/02
060402-4 Levee Cmsn Progress Reports from 6/99 thru 6/02
060402-5 12/00+ Steering Committee Minutes & Reports
060402-6 Page 1 of VP's 4/10/02 Amended Redevelopment Plan
060402-7 All of possibly 6 Arnold's Landing/Grove levee designs
060402-8 2002 Approved City Directory
060402-9 City Newsletters dated 6/02+


3/4/03 MM to PP

4/13/04 Notes: Cassy Kollmeyer at city hall signed the receipt which I rcv'd on 3/5/03, but I rcv'd no written reply from anyone at city hall.  MW replaced PP on or between 4/21 & 5/5/03.  This was the last of these such letters between the city & me in 2003.  I'll need to check thru extensive notes regarding possible follow-up conversations & note them in Maureen's Nightmare.



3/4/03, ((To)) Mr. Pat Pillow, Valley Park City Hall, 320 Benton St., Valley Park, MO  63088

Dear Mr. Pillow:

Understanding that you are very busy, I have allowed more than enough time for you to respond to my certified letter to you dated 1/29/03.

Enclosed is a copy of that letter & it's enclosures.  Please respond immediately.

Thank you, [signed], Ms. Maureen Morris, Property Rights Activist

Enclosure  [see above]


((hardcopy labeled Def's Exh D Morris 5/13/03))

((On 4/2 my 2nd Condemnation Hrg set for 4/17 was postponed to 5/13/03))


3/30/03,  ((To)) Mr. Eric Martin, 109 Chesterfield Business Parkway, Chesterfield, MO 63005-1233

RE:  City of Valley Park v. Diamond Group, (Morris Parcel)

Dear Eric: 

As we have discussed, my client has legitimate concerns about the City's authority to pursue Ms. Morris' property via eminent domain & the court's jurisdiction to grant such power to the City.

In this type of situation, it is permissible for Ms. Morris to engage in limited discovery prior to the Condemnation Hearing.


It is my understanding that you are willing to cooperate with that discovery so that our challenge can either be put to rest or given to the court in a timely manner.  I am willing to operate under such an agreement, and have agreed to submit to you a letter with our "discovery" requests.

Please provide the following documents & persons for our inquiry on April 9, if possible or April 21, 22 or 23, 2003:


1.  All studies, test results & documentation that caused the Corps of Engineers and/or the City of Valley Park to determine the need for a detention area on the north side of the levee at Arnold Drive. 

2.  All designs for the detention area on the north side of the levee at Arnold Drive.

3.  All ordinances or minutes of the Corps of Engineers that approved such designed detention area as a necessary public improvement in association with the building of the levee.

4.  All presently approved and certified plans of the Corps of Engineers concerning the design and construction of the levee and detention areas in the City of Valley Park.  (The plans attached to the Petition are not legible, and do not appear to be certified or dated.  Further, the plans provided are not to scale.)

5.  Local Cooperation Agreement between the City of Valley Park and the Corps of Engineers.

6.  List of engineers (with names, title, employer, phone numbers and addresses) that performed and/or reviewed the studies, test results and other documentation in order for the

- Page 2 -

Corps of Engineers to allegedly determine the need for a detention area on the north side of the levee.

7.  Ordinance 1588 and all of the minutes associated with all discussion had thereon.

8.  Any known development plans, whether written or oral, on the protected side of the levee, and provide the list of people (either employed by the City or holding city office or post) that are aware of those plans.

9.  Any and all documents depicting the nature and amount of fill to be laid on the north side of the levee both at the time the first Condemnation Petition was filed against Morris and at the time the second Condemnation Petition was filed against Morris. 

10.  Any and all approved documents from MO DNR, the EPA and St. Louis County Health Department, which reflect permission being granted for such fill to be laid on the north side of the levee.

11.  All documents and studies reflecting the measurements of and the amount, velocity, and direction of the overflow discharged from the detention area on the north side of the levee at Arnold Drive.

12.  Any and all documentation or correspondence from the Corps of Engineers dealing with the change in the design of the levee after the first Condemnation Petition against Defendant Morris was dismissed.

13.  All correspondence and documentation of the City's acquisition process for the property owned by Environmental Landscaping and the Corps of Engineer's determination that property owned by Environmental Landscaping was, thereafter, not necessary to be acquired for purposes of constructing the levee or for the alleged levee's infrastructure.


Of course, Eric, I am thinking of these documents very quickly as a favor to you, i.e. trying to keep this matter moving as quickly as possible.  So, I do reserve the right to request additional documents and discussions with the named people who were involved.

Again, I thank you for your cooperation and look forward to the Condemnation Hearing on this matter at a date as soon as possible under the circumstances.

Very truly yours,  [signed], Tracy Hunsaker Gilroy, thg


((Hardcopy labeled Def's Exh E Morris 5/13/03))


4/1/03, ((To)) Ms.Tracy Gilroy, Attorney at Law, 1610 Des Peres Rd, Ste 300, St Louis, MO 63131-1813

Re:  City of Valley Park v. Diamond Group, et al.

Dear Tracy:

I am responding to your letter of March 30, 2003, which I received by fax on March 31, 2003, pertaining to discovery.  As you know, discovery is limited to the issue of the power or authority to condemn as opposed to discovery with respect to necessity (design and placement).

Subject to the foregoing, I am providing the following:

1.  Army Corps of Engineers performed and retained this data.  The City does not have any information on this;

2.  September,1999, design with calculations and 3/12/03 - 3/13/03 designs attached;

3.  The City does not have "ordinances or minutes" of the Corps of Engineers;

4.  Attached (see paragraph 2);

5.  Attached Local Cooperation Agreement and Amendment 1;

6.  Gregory Bertoglio is the design engineer;  USACE, telephone (314-331-8252);  Patrick Conroy is the geo-technical engineer (314-331-8432);

7.  Attached is Ordinance No. 1588 with exhibit pertaining to Morris and minutes of the Board of Aldermen;

- Ms.Tracy Gilroy, 4/1/03, Page 2 -

8.  No developer has plans involving the Maureen Morris property.  Preliminary inquiries were made in 2000-2001 regarding properties fronting Old Meramec Station Road and the possible grant of eminent domain by the City, however, no written plans were ever received by the City.  Eric Martin and Thomas Cunningham, Esquire, attorney for the developer have knowledge of the initial discussions.  It is my understanding that the developer has placed contracts on property at Vance Road and Old Meramec Station Road;

 9.  Attached as paragraphs 2 and 4;

10.  Attached letters from MDNR and County Health Department;

11.  City has none;

12.  City is unaware of any documents other than transmittal letters;

13.  Protected work product;  this design change is a Corps of Engineers decision.

Sincerely yours, ((unsigned!)), Eric M. Martin, EMM:ss, Enclosures