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KMOX NewsRadio Used My Photo Without Attribution (Updated 2X)

When I first read KMOX’s May 13th story, Paul McKee — What’s his plan for north St. Louis? I thought something, the image used, looked familiar.  Here is how the story looked on KMOX’s website:

I reviewed my 160+ published images from an August 16, 2007 bus tour of Paul McKee’s properties and there was the image used in KMOX’s online story:

I published the above image and the others from the bus tour to Flickr that same day, 8/16/2007.  On August 21, 2007 I published  Bus Tour of Dilapitated McKee-owned Properties Ignored Other Issues using 20 images from the 160 I took that day.  The above image was among the 20 used.

I have 15,000+ images published on the photo sharing site Flickr, all using a Creative Commons license which grants the right to use the image provided attribution is listed:

Attribution — You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work).

But CBS-owned KMOX 1120AM used my photo as if it was their own with no attribution to the source.

My photos are part of my work.  I want them used but I want the credit.

I’ve emailed numerous persons on KMOX’s website asking for attribution or for them to cease using my image.    Hopefully they will see fit to give me credit.

UPDATE 5/18/09 @ 9:10AM — In the last hour KMOX has removed my image from their story.

UPDATE 5/18/09 @10:30AM — Just received phone call from KMOX Reporter Kevin Killeen apologizing for the uncredited use of my image.


North City Development Meeting on Thursday 5/21

Last Monday myself I and others from the media were not allowed to see a presentation from McEagle Development regarding their plans for developing the tons of properties they’ve acquired (see post). We were told that another meeting would be held on the 21st and that media would be allowed to attend.  However, the meeting location and time was not yet confirmed. They had mentioned Vashon High School as a possible location for the meeting.

I just got the skinny:

Meeting May 21st at 7pm at Central Baptist Church Education Building 2841 Washington. For 5th & 19th ward residents. Media will be allowed.

The address is actually 2843 Washington Ave (Google Map) — the location of the closed door meeting from last week.  This large project will have a bigger impact than just two wards so hopefully everyone that has an interest in the proposal can get in to see the presentation.

I’ll have a history of the project as well as thoughts on what I’ve heard so far this Thursday morning as well as a followup after I’ve seen the presentation.


Media Barred From Public Meeting on Proposed Development in North St. Louis (Updated 3X)

Earlier today I got word of a meeting regarding Paul McKee’s development in North St. Louis.  I posted about the meeting and decided to go.

It looked like a public meeting:

Sign posted outside door to meeting.
Sign posted outside door to meeting.

However, the first order of business was an announcement that the meeting, about a development project,  was private and all media had to leave.  I stayed seated until a man came over to me and asked me to leave — saying Central Baptist Church was private property.  I left in shock.  Outside I found reporters from the St. Louis Post-Dispatch,  KWMU radio and later KMOV that were not allowed inside.  I guess I was in good company.

A security guard was on hand to keep the press in check.
A security guard was on hand to keep the press in check.
Church representative that announced media had to leave locked both exterior doors so nobody could enter.
Church representative that announced media had to leave locked both exterior doors so nobody could enter.

The doors were locked so we could not enter the building.  The doors do have panic bars so people could exit.  While outside some regular citizens arrived.  They had to pound on the door to be let in.  Not all persons inside were residents of the two wards that had their Aldermen on the agenda (April Ford Griffin & Marlene Davis).  A third Alderman was present in the audience, recently sworn Alderman Antonio French from PubDef.org.

I’m no expert on Missouri’s Sunshine Law but I’m pretty sure this was a violation.  I’ve already filed a complaint with Missouri Attorney General Chris Koster.

Developer Paul McKee was not at the meeting but the agenda listed William Laskowsky of McKee’s McEagle Development company and a Mark Johnson from Civitas, Inc.  Alderman Davis told us the public meeting would be on the 21st, most likely at Vashon High School. McKee has substantial real estate holdings in North St. Louis.  Stay tuned.

UPDATE 5/11/09 @ 11pm. KMOV reporter Ray Preston blogged about not being able to cover the meeting.

UPDATE 5/12/09 @ 7:50AM – additional coverage

UPDATE 5/13/09 @3:30PM – response from Missouri Assistant Attorney General Daryl Hylton:

I appreciate and understand your concerns about the meeting referenced.  As I understand the situation, this “meeting” was facilitated by two alderman, so that developers could address concerns of the citizens impacted by the development   Missouri courts, however, have interpreted the sunshine law to not apply to actions of individual members of a government entity when acting independently without any authority of the body;  or to meetings of less than a quorum of the entity absent an attempt to avoid the purpose of the sunshine law. See Colombo v. Buford, 935 S.W.2d 690 (Mo. App. W.D. 1996).

So the meeting was allowed to be closed to the press.  While legal it is not good PR for a project that has yet to garner any good PR.


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Meeting(s) With Developer Paul McKee (Updated)

Word is spreading of a meeting tonight either about and/or with controversial “Blairmont” developer Paul McKee:

April Ford-Griffin has announced a meeting at Central Baptist Church (2842 Washington Ave) this coming Monday 5/11 at 6pm for neighborhood residents and Paul Mckee.

There may also be a second meeting, with tentative date on May 21, possibly at Vashon.

I’ve sent an email to Ald. Griffin (D-5th Ward)  to verify this information.

McKee, through various holding companies, has purchased quite a bit of land in the 5th Ward.  For a map to the church click here.

UPDATE 5/11/09 @ 7:35pm:

As the meeting started the first announcement was the meeting was private and all media had to leave.  I was seated at a middle table with others and a man came over and asked me to leave.  More in a new post shortly.  In the meantime check out the agenda.


Alderwoman Argues Against Modern Zoning, Prefers Piecemeal Approach

Last night I attended the forum regarding the state-wide tax bill and the likely beneficiary, Paul McKee (see post about event). As at prior events, the Alderpersons continue to talk about plans — community driven plans and Paul McKee’s secret plan. Ald Davis indicated a million bucks was spent on a plan(s) in the 19th ward to which she was recently elected. Davis indicated they involved “stakeholders to make sure that we knew what everyone wanted, how that community was going to look, we paid for the best technical assistance, and that plan was approved and is a part of the development process with SLDC, but you know something, somebody made a decision that it didn’t matter.” So on one hand they are saying we’ve spent time and money listening to the community and determining what is desired yet at the same time bitching because we don’t know what McKee’s plan is about.

During the question and answer portion, following the grand standing, I had to bring up the issue of these plans. Basically a bunch of time and money is spent in meetings, a document is created, it is adopted by the Planning Commission and Board of Aldermen and sometimes it gets referenced during negotiations with developers. However, the existing zoning for an area prior to a plan remains the only legal requirement. Given how completely out of date our zoning code really is, nearly everything now requires a variance. This is how aldermen derive any sense of power!

Below is a short video clip with my question and a response by 5th Ward Alderwoman April Ford-Griffin. My apologies for the video quality — you get a nice view of my shorts pocket while I am asking the question. Below the video is the transcript of my question and her response.


My name is Steve Patterson and I am a former resident of the 5th Ward, actually in the early nineties. And my question to the two aldermen is…one I am glad that you’ve done plans in the neighborhoods but unfortunately neither one of those plans has any teeth to them, uh, the zoning has not been changed and the 5th ward plan was adopted in 2002 called for some zoning changes to give the plan some teeth of law — right now the Board of Adjustment and the Planning Commission actually, uh, ignore the plans when they are making decisions on variances and things. So my question is when do you plan to introduce legislation to change the zoning?


Actually, there have been lots of zoning changes. You don’t go in and change the zoning of the whole ward because my plan for the 5th ward that we have in place is not so specific. One thing about a plan you have to leave some flexibility. So there is flexibility where it is not so specific where you come in and say on this block right here in the 1500 block of Hebert its got to have homes that they’ve got to look like this. So you have to leave some flexibility and at the Board of Aldermen we always have the power to change zoning. So when this happens is…as you see the development boards and you see the different things that have happened, most of those had to have some type of zoning changes, street changes, name changes, just you go down the list of changes. Also, that is the only thing that makes most of the developers come and talk to us. If we did everything that it took for the development they wouldn’t have any reason to come and talk to us. Once we talk about a development, once they have shown us what they do, once they talk about minority participation, once they talk about inclusion, once they talk about jobs, and all the other things that I make sure I am committed to asking them. And it seems like something that would be good for us and falls within the realm of the plan. and then we talk about doing the things that they need. but you’d be shocked at how many people go out here and spend money on doing things then call us and say ‘oh I’m gunna put a such and such at this address.’ And they only call because they didn’t have the zoning and zoning says you need the support from the alderperson. So if we went out there and tried to guess what would go on every block and zoned it [???] they wouldn’t have to come to us. Therefore we would not be able to even know what they are doing before they’re doing, which not all of it has been good for us. So actually that is another way to get them to come and talk to us, come to the community meeting and present to us. so we don’t want to go and just do a flat blanket of zoning where people are [???] if they a number of other things that we could go out there and do tomorrow we wait until we see the project and make sure that it is what we want then we do the things that are specific that is required for that very project and for that property to happen.

I was completely dumbfounded as were others. I mean, I’ve known this is the twisted control view of zoning that they had — I just never thought I’d actually get one of them on video espousing as much. Ald. Marlene Davis was behind Ald Ford-Griffin nodding her head in agreement.

So here is their logic:

1) Spent time and money on a feel-good community plan.

2) Get said plan “adopted”. Place plan on shelf, dust off when necessary.

3) Use zoning power to be included in development process.
4) Ignore that someone could buy property and build new construction based on existing and outdated zoning — thus bypassing plan.

I don’t want to get into a Zoning 101 lecture but what was described is exactly the opposite of what we should be doing. Zoning is a very powerful too — a police power — that cities have to set forth what the community wants. Zoning controls many aspects of development on private land such as the building’s relationship with the street and adjacent properties, heights, parking, and so on. Use zoning, which we still have, refers to the zoning focusing on the specific uses to be contained within a structure (residential, retail, industrial, etc…) whereas form-based zoning has a primary focus of looking at the building form while accepting the internal use might vary. For example, I don’t really care if a car dealership exists in a commercial zone if the form based code calls for 3-story buildings with street-level storefront windows and all surface/garage parking hidden in back. Thus, the form of the building is more critical than the use in this case. Hybrid variants exist.
Creating a community plan without going forward with zoning changes to uniformly enforce the desired affect is a useless exercise. So when these alderwoman get up and complain about not knowing McKee’s plan for their area I have no sympathy in that regard. They have the ability to create a solid uniform guide via zoning for these huge swaths of land. They could actually provide some real leadership on envisioning what is to happen in their wards. But instead they are doing development St. Louis style — sitting back and waiting for the developer to knock on their door and ask for a letter to grant a variance. Or maybe they are not sitting back, they are going out and finding developers but the visioning for the area is still done on a project by project basis.

Zoning is the most powerful tool cities have to determine the outcome of development within their jurisdiction. Throughout the city this power has been parceled out to 28 fiefdoms. As long as our old zoning code remains in place our elected representatives will continue to advocate a piecemeal approach based on the desires of developers.