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Home My WebLink AboutUntitled -ITIGATION: Section 8 189-92 iMMEMMEMME 410 LAW OFFICES OF O py ECKBERG, LAMMERS, BRIGGS, WOLFF a VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612) 439-2878 JAMES F. LAMMERS FAX(612) 439-2923 ROBERT G. BRIGGS PAUL A.WOLFF MARK J.VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J.WEIONER D June 9, 1992 &©,(3��t1 ,y ,Jutv t 1992 Mr. Doug Gronli Branch Supervisor GAB Business Services, Inc. 9531 West 78th Street Suite 320 Eden Prairie, MN 55344 Re: GAB File No. 56542-09912 Trust Member/Insured: City of Oak Park Heights Claimant: Wagner Our File No. : 1501-161 City of Oak Park Heights v. LMCIT, et. al. Dear Mr. Gronli: Enclosed herewith you will find the City's draft payable to GAB Business Services, Inc. in the amount of $2, 500.00. Also enclosed you will find the Notice of Dismissal of the Summons and Complaint that had been previously served upon GAB Business Services, Inc. and League of Minnesota Cities Insurance Trust. I trust that this concludes this transaction to everyones satisfaction. Very truly yours, Mark J. Vierling MJV:sms Enclosures (2) cc: LaVonne Wilson STATE OF MINNESOTA IN DISTRICT COURT CIVIL DIVISION COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Court File No. Case Type: 10/Other Civil City of Oak Park Heights, a municipal corporation, Plaintiff, vs. NOTICE OF DISMISSAL League of Minnesota Cities Insurance Trust and GAB Business Services, Inc. , Defendants. Pursuant to the Rule 41 of the Rules of Civil Procedure for District Court, the undersigned, as attorneys for the Plaintiff in the above entitled matter, hereby dismiss with prejudice the Summons and Complaint in the above referenced action. Dated this 9th day of June, 1992. ECKBERG, LAMMER = S, WOLFF & VIERLING BY: - .rk J. Vierling Att• neys for Plaintiff 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439-2878 Attorneys Reg. No. 112823 • • • r I, x1+800-328-7205 DELUXE CHECK PRINTERS.INC. D `o m .0n N O ox 0 CI til aCD •< 0, 1 OO CD. 0 by 33 = r mD .s_ a xmm fD D i Q, ►"i OD fD r--- -- _ I2p r• rt cn • as < m T. 113 • fD 0' N L' 0 O I 1 — s -n F' k.nCn (-) wwm cCn 0 4"-rt r• U-, O - rt W !7 __ r CD O i. s ru r N 111 r 00 ;r m V ri\ D z O 0 rnMI O 11 CI D io 3r to > m ZZ H al x cri O 4 ON 0 DFM . - O O P 1/40 0 m N O 3 O 7 I , "I V m 0 t---. ' C 33m m 30 > Na 20 L" C Oz C) O• N N O CO CO 0 N IV N. O7 CI CO CO 111 • Page two - Minutes 6/8/92 Kern, seconded by Doerr, moved to approve minutes of May 11th and 26th as presented. 5 aye votes. Carried. Seggelke, seconded by Doerr, moved to increase Tree Inspector' s salary from $1500 to $1650 annually. 5 aye votes. Carried. Seggelke, seconded by Doerr, moved to schedule a public hearing Monday, July 27 , 1992 at 7 :00 p.m. for request submitted by Jack Krongard for a set back variance. 5 aye votes. Carried. Carufel, seconded by Seggelke, moved to accept check from the League of MN Cities Insurance Trust in the amount of $6363 .55 to resolve claim. (City Attorney' s file #1501-5715) . 5 aye votes. Carried. Seggelke, seconded by Carufel, moved to authorize Clerk/Treasurer to issue a check in the amount of $2500 .00 payable to League of MN Cities Insurance Trust for deductible costs for 1989 on above claim. 5 aye votes. Carried. Kern, seconded by Doerr, moved to approve payment of bills , Treasurer' s report and investments as presented. Details available at Clerk' s office. 5 aye votes. Carried. Seggelke, seconded by Kern, moved to schedule a public hearing Monday, July 27, 1992 at 7 :00 p.m. on request from Oak Park Partners for a sign variance at the St. Croix Mall. 5 aye votes. Carried. Seggelke, seconded by Kern, moved to adjourn. 5 aye votes. Adjourned at 8 :00 p.m. Respectfully submitted, La Vonne Wilson Administrator/Treasurer • • I 1 1 / * o c --1 x o N .K0 N^ OD Q` Lrl tliW N c%, I L!1 c !D Lrl.- • W T"1 OO M Z o 1 T `o W Y co so a M Cl) m 1 w co On ` 1 W - 4 `o = Cl) 0 o r N o H o W CO w .t O` _ 5 M coICC LU N Ln I Y in W cc a N - ¢ - D Z Z I o • O. Cl) —`a - O` I W O I Y LU I < LL m I--1 ro I 0 Oz 1 CC 0 I - F t!7 H , maLL Q' W .� LJ'1 ¢ aci ma LU Z o tY z C o J O.. >0 >- C7 0 c C'- H H ¢ r- ,6 a Z Cl) H 3 I— w W = U ¢ W O 0 Q: .. - > 0 O W F— CO d m 8 x l N E� >co 8 W E. - E LL = O W O 0, =m a._ N v r- •. m ,, E m c, z so • U5 wU 0 M O ¢ N iLL 0 I W▪ = a) -o •• o I-- (n U fA ZDi w r D' 1-+ = N O U u, • Q IlJ H N O Ul W r+ ¢ 60 m I- •, u, ..8 I-' 1"i LL ' V 0 ... III 1 N- N \\a Z • I- O I- Z _ ••• Cn C7 W LL. 1--1 'o d u, • = H m N c- W c-- 2)i'fl N M O Q` Y o rn .-N Lr1 C7 Os c c W I 0- t rin 6 toJ N o 3 c. Y > ru y N , Lr1 • ¢ e E.° ' Lr1 Q LL. d ya w c0 3 w0 m Z m 2.(---) ... N. ii I— ,... .. m0 Z - 4m 1 , H1 d V I )„ o t a b- a. 1-- 1-- o l 06/08/92 19.29 IT 612 439 2878 EKBERC LBW & V l0 02 • GAB Businns5 lies Inc 9531 West 78th Street Suite 320 Eden Praire MInneaole 55344 Teiepnone 612.942-9818 FAX 612-943.2383 June 5, 1992 Claims Control Branch Attn: Mark J. Vierling Eckberg, Lammers, Briggs, Wolff & Vierling 1835 Northwestern Ave. Stillwater, MN 55082 GAB FILE NO: 56542-09912 TRUST MEMBER/INSURED: City of Oak Park Heights CLAIMANT: Wagner (AB Dear Mr. Vierling: We received the lawsuit which you have served entitled, "City of Oak Park Heights, a municipal corporation, Plaintiff, vs. League of Minnesota Cities Insurance Trust and GAB Business Services, Inc. , Defendants. " Pursuant to our telephone conversation between yourself and myself of June 5, 1992 it is my understanding that the above captioned lawsuit is resolved. We agreed to issue a draft payable to the City of Oak Park Heights in the amount of $6, 363 . 55. I am forwarding that draft directly to you and is attached to this correspondence. It is also agreed that the City of Oak Park Heights will reimburse the LMCIT the deductible applicable. To satisfy that, please prepare a draft payable to GAB Business Services, Inc. in the amount of $2 , 500 and forward it to myself at my address in Eden Prairie as shown on this letterhead. It is further my understanding that the Summons & Complaint has not been filed with the Court, however, you will send us a dismissal. Thank you. Sincerely, Doug Gronli Branch Supervisor DJG:agr cc: LMCIT BRS • UN 61992 4 . aah GAB . . . "Where quality really matters." 47b7-06-7Z 1JL9 ZS b12 4 Sy 2t5(t tAclit.I L tt 41 & V 141 01 • • LAW orris s or ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING $ .s NORTkW£Sr£RN AvENL E STILLWATER. MINNESOTA S5082 LYLE J. ECKSERG fisl2) 439.28,8 JAMES F. LAMMERS FAX (812) 439.2923 ROBERT G. 9RIOOS PA LA.A.WOLFF MARK J. VIERLING VICKI L. GIFFORD GREGORY G. GALL,ER KEVIN K. 3HOESERG THOMAS J. WEIDNER COVER SHEET - FACSIMILE TRANSMISSION DATE: i'"`''z 2 '7 -I— I Please deliver the following page(s) to: FAX NO: (4S`( 057-f NAME: �/ UNUX FROM: ►"� TOTAL NUMBER OF PAGES INCLUDING COVER SHEET. The pages comprising this facsimile transmission contain confidential information from Eckberg, Lammers, Briggs, Wolff & Vierling. This information is intended solely for use by the individual or entity named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange to retrieve this transmission at no cost toY ou. Violation of this confidentiality notice could constitute a basis for a claim for damages against the violation. If you received this communication in error, please immediately notify us by telephone at (612) 439- 2878 . IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL US BACK AS SOON AS POSSIBLE AT (612) 439-2878. COMMENTS: Lew 0A-144 Sc v C,4rt 10 6415 .1—'19-1' t L)/ O c Ai LLQ-.... +'—�* * * * * * * * * * * * HARD COPY ( (WILL NOT) FOLLOW BY MAIL • GAB Busine rvices Inc 9531 West 78 treet Suite 3a�r I Eden Prairie Minnesota 553441 [5 �S 4,_.? `\ Telephone 612-942-9818 FAX 612-943-2383 Claims Control Branch MAY 4 1992 April 30, 1992 Mark J. Vierling Eckberg, Lammers, Briggs, Wolff and Vierling 1835 Northwestern Avenue Stillwater, Minnesota 55082 GAB FILE NO: 56542-09912 �B INSURED: City of Oak park Heights CLAIMANT: Carol Wagner YOUR FILE: 1501-5715 Dear Mr. Vierling: I last wrote to you on March 28, 19 91, and I do not have any recollection of a discussion with you, nor have I received any response to my letter of March 28 , 1991. Perhaps you have replaced that, I attach a copy for your reviewal. To restate our position, we would like to pay the City $4, 350. 30 conditional upon the City reimbursing the $2,500. 00 deductible that is applicable. May we please hear from you or the City? Sincerely, Doug Gronli Branch Supervisor DG/kgt encl: (1) cc: City of Oak Park Heights cc: Berkley Risk Services 14168-57th St. North Bob Weisbrod P. O. Box 2007 Stillwater, MN 55082 cc: Forest Lake Ins. Agency Attn: LaVonne Wilson 232 South Lake St. City Administrator P. O. Box 188 Attachment (1) Forest . Lake, MN 55025 GI1B . . . "Where quality really matters." 4 'l • GAB Businrvices Inc 9531 West 78t Street Suite 320 Eden Prairie Minnesota 55344 Telephone 612-942-9818 FAX ,612-943-2383 Claims Control Branch March 28, 1991 Mark J. Vierling Eckberg, Lammers, Briggs, Wolff and Virling 1835 Northwestern Ave. Stillwater, MN 55082 GAB FILE NO: 56542-09912 INSURED: City of Oak Park Heights CLAIMANT: Carol Wagner YOUR FILE: 1501-5715 Dear Mr. Vierling, I have yours of March 11, 1991. We have reviewed your services and costs incurred and I believe the total amount is $7, 349. 50. Further in reviewing of your invoices we find services rendered in the amount of $2,658.25 and costs/disbursements in the amount of $340.95. The total of those is $2 ,999.20, which constitutes services/costs and disbursements which were incurred relative to your duties on behalf of the city, as City Attorney, to prepare for and attend the October 31, 1989 Motion for Temporary Injunction not the "suit seeking damages" that League of MN Cities Insurance Trust (LMCIT) ultimately decided to defend subject to a reservation of rights. Our position remains the same, except for the mathematical error that I made, as has been previous stated in past correspondence. We are willing to reimburse your law firm a total of $4,350.30. These decisions are not mine alone, I am reporting directly to the claims management facility on behalf of the LMCIT. Let me know your decision. Respectfully Doug Gronli Branch Casualty Supervisor DG:gd bcc: NSRS • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLI /^\ 10A1/7 1835 NORTHWESTERN AVENUE t t STILLWATER, MINNESOTA 55082 1�.J/ LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G. BRIGGS PAUL A.WOLFF MARK J.VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J.WEIDNER May 12, 1992 r. Doug Gronli _op\ 'M�3Branch Supervisor GAB Business Services, Inc. 9531 West 78th Street Suite 320 Eden Prairie, MN 55344 Re: Your File: 56542-09912 Insured: City of Oak Park Heights Our File: 1501-5715 Dear Mr. Gronli: I am in receipt of your correspondence of April 30, 1992 and have reviewed same with the City Council for the City of Oak Park Heights. Our position contained within our correspondence of March 11, 1991, a copy of which I attach for your reference, has not changed. If that position is not acceptable, please advise as to who will be receiving service on behalf of the insurance company and we will be providing pleadings directly to that individual. Very truly yours, Mark J. Vierling MJV:sms cc: Mayor Barbara O'Neal Dean McGowan •446194Y SAN • • WASHINGTON COUNTY OFFICE OF ADMINISTRATION FAX TRANSMISSION COVER SHEET ' DATE: 5 / TO: Cf /1G�t x.� `/ (A.if:J_.-e AT: {�, U 'i, O _,, t FROM: O47 Imo, AT: k2O.6.A s COMMENTS: Washington County Government Center Administration Office 14900 61st Street North Stillwater, MN 55082 Phone: 430.-6003 Fax: 430-6017 Total Number of Pages Including Cover Sheet: • a Nw CG Robert J.Loc ear .j►, , �0 � 'WASHINGTON C g TY Director � \2 . Jeff Hanson ':. � OFFICE OF ADMINISTRATION • Intergovernmental R& = �`� PLANNING AND PUBLIC AFFAIRS DIVISION Jane Harper '�'"°•"�`��°+� Physics!Development GOVERNMENT CENTERPhysical Yetlowthunder S%pY PRORi ESO 14900 61ST STREET NORTH,P.G. SOX S• STILLWATER,MINNESOTA 65082-0006 Office:6121430.3003 FAX 612/434841 T Human Services • TO: Senator FranJ:xtj4,<FROM: cLuci Botzek -' Washington County Lobbyist DATE: May 7, 1991 RE: Oak Park Heights • After you raised the question in committee regarding the status of section 8 housing in the City of Oakdale, I contacted the city of a status report. The sequence of events as they were related to me are as follows: Carol Wagner came to the council on her own behalf, asking for approval of section 8 housing. The council requested additional information before taking a vote. Ms. Wagner sued the city before they had a chance to take any formal action on her request. There was an undisclosed settlement as a result of the court proceedings. The terms of the settlement were not disclosed to me. Should you desire further information, please contact me. /sb EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION ;> Primes on Recycled Paper ' • GAB Businesvices Inc 9531 West 78th Street Suite 320 Eden Prairie Minnesota 55344 Telephone 612-942-9818 FAX 612-943-2383 Claims Control Branch March 28 , 1991 Mark J. Vierling Eckberg, Lammers, Briggs, Wolff and Virling 1835 Northwestern Ave. Stillwater, MN 55082 GABGAB FILE NO: 56542-09912 INSURED: City of Oak Park Heights CLAIMANT: Carol Wagner YOUR FILE: 1501-5715 Dear Mr. Vierling, I have yours of March 11, 1991. We have reviewed your services and costs incurred and I believe the total amount is $7, 349.50. Further in reviewing of your invoices we find services rendered in the amount of $2 , 658.25 and costs/disbursements in the amount of $340.95. The total of those is $2,999.20, which constitutes services/costs and disbursements which were incurred relative to your duties on behalf of the city, as City Attorney, to prepare for and attend the October 31, 1989 Motion for Temporary Injunction not the "suit seeking damages" that League of MN Cities Insurance Trust (LMCIT) ultimately decided to defend subject to a reservation of rights. Our position remains the same, except for the mathematical error that I made, as has been previous stated in past correspondence. We are willing to reimburse your law firm a total of $4,350.30. These decisions are not mine alone, I am reporting directly to the claims management facility on behalf of the LMCIT. Let me know your decision. Respectfully 41.1 Doug Grdnli Branch Casualty Supervisor DG:gd • . • ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLI -� E ATTORNEYS AT LAW 1835 NORTHWESTERN AVENUE APR 2 1991 STILLWATER, MINNESOTA 55082 (612)439-2878 TO Ms. LaVonne Wilson DATE April 1, 1991 City Clerk City of Oak Park Heights SUBJECT GAB Business Services 14168 - 57th Street North Stillwater, MN 55082 -WE ARE FORWARDING THE FOLLOWING TO YOU FOR THE REASON(S) CHECKED BELOW: Copy of Trial Notice. Please note the date and time of hearing on your calendar and plan to attend at that time. Copy of Court Order dated for your information and file. X Copy of correspondence dated 3/28/91 from Doug Gronli,GAB Busi for your information. mation. Copy of for you to sign and have notarized; then return to our u office . Very truly yours, park rN P k i Mar Vierling MJV:kp Enclosure s Item*ML5N72 The Drawing Board,Dallas,Texas 75266-0429 FOLD AT(—)TO FIT DRAWING BOARD ENVELOPE I EW 10P ©Wheeler Group,Inc.,1982 11111 i LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612) 439-2878 JAMES F. LAMMERS FAX(612) 439-2923 ROBERT G. BRIGGS PAUL A.WOLFF MARK J.VIERLING March 11, 1991 VICKI L. GIFFORD GREGORY G. GALLER KEVIN K.SHOEBERG 0 py THOMAS J.WEIONERC Mr. Doug Gronli Branch Casualty Supervisor GAB Business Services, Inc. 9531 West 78th Street, Suite 320 Eden Prairie, Minnesota 55344 RE: My File No. 1501-5715 Trust Member: City of Oak Park Heights Claimant: Carol Wagner GAB File No. 56542-09912 Dear Mr. Gronli: Responding to yours of March 5, a review of the records and the billings that we have provided to you indicated that a contact was made with Mr. MaGowen's office on 10/24/90. Prior to that time, the City Y had incurred expenses of $1, 011.00 with regard to the Wagner claim. I think it reasonable that the City not pursue its claim against LMCIT for that amount of money since tender had not been made as of that time, but I regard tender to have been made to your company as soon as the agent was notified of same on the 24th. Expenses of the City could have been alleviated had a prompt response to the request been forthcoming, g, but none was; and consequently, the did notget any City assistance or representation on the matter until December of 1989 long after which initial hearings had already been conducted in the Washington County District Court, to which the City had to respond to in order to preserve its liability and yours under the terms of the insurance coverage. I think it reasonable that LMCIT pay for the City's costs incurred in this matter from that day forward which would basically result in the City absorbing its first $1, 011.00 of expense and LMCIT paying $., 363 .55. However, from that amount we would deduct the City's deductible of $2,500. 00 which means that the net check due and payable to the City of Oak Park Heights would be $3 ,863 .55. If this is agreeable to you, please issue your check forthwith. Very truly yours, s/' Mar �. e "`i-g Mark J. Vierling MJV:kmk cc: Barbara O'Neal, Mayor • GAB Business Sees inc RECEIVED 9531 West 78th Street Suite 320 Eden Prairie,Minnesota 55344 MAR 0 7 1991 Telephone 612-943-2307 FAX 612-943-2383 Claims Control Office March 5, 1991 Eckberg, Lammers, Briggs, Wolff and Vierling Attorneys At Law 1835 Northwestern Avenue Stillwater, Minnesota 55082 Attn: Mark J. Vierling MEp,oFME YOUR FILE NO. : 1501-5715 TRUST MEMBER: CITY OF OAK PARK HEIGHTS CLAIMANT: CAROL WAGNER GAB FILE NO. : 56542-09912 Dear Mr. Vierling: This letter will respond to yours of February 9th, 1991. LMCIT agrees to reimburse the City for the City Attorney's time and disbursements incurred after the claim was tendered to LMCIT. It is my impression that you may have misinterpreted our proposal to mean an offer to reimburse the City for those expenses incurred to the date of tender. We would exclude reimbursement for time and disbursements incurred prior to November 1st, 1989, that amount being $2,998.30. It is my understanding that your total attorney fees bill is $7,349. 55 as is indicated by the billing history for your file dated 9-21-90. Therefore, I propose that a draft be issued to your law firm by myself in the amount of $4, 351. 25. Further my proposal is that the City reimburse GAB (LMCIT) its $2 , 500. 00 deductible. Sincerely, Doug Gronli Branch Casualty Supervisor DJG/dfb cc: Forest Lake Insurance Agency 232 S. Lake Street P.O. Box 188 Forest Lake, Mn.. 55025 RECEIVE* 411 411 LAW OFFICES OF FEB 131991 ECKBERG, LAMMERS, BRIGGS, WOLFF a VIERLIMa 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G. BRIGGS PAUL A.WOLFF MARK J.VIERLING February 9, 1991 VICKI L.GIFFORD GREGORY G.GALLER KEVIN K.SHOEBERGC 0 F' ii7 � Mr. Doug Gronli Branch Casualty Supervisor GAB Business Services, Inc. 9531 West 78th Street Suite 320 Eden Prairie, MInnesota 55344 RE: GAB File No. 56542-09912 Insured: City of Oak Park Heights Claimant: Carol Wagner D/L: 09/25/89 CM: 10/24/89 Our File No. 1501-5715 Dear Mr. Gronli: Your correspondence directed to the City of Oak Park Heights dated December 21, 1990, has been referred to this office for response and reply. With regard to your proposal contained within that correspondence, the same is rejected. Your proposal only to reimburse the city for those expenses incurred to the date of tender is unacceptable. The City had immediately notified the insurance agency with regard to the claim when the incident occurred and any delay on the part of the insurance agency in submitting the same to your office would not be the city's responsibility. Additionally, after the action was in suit, at the request of Dale Nolan and Larkin, Hoffman this office remained as co- counsel to assist making court appearances so as to alleviate and avoid the necessity of attorneys from Larkin, Hoffman having to appear in a Washington County Court. Additionally, we participated in preparing documents that were presented to the Court of Appeals as well as to the District Court, having the net effect of reducing the overall expense that the insurance company would have paid had Larkin, Hoffman assumed the sole burden of representation of the City of Oak Park Heights in this matter. Consequently, I can see no basis to reduce the city's claim for the expense incurred by the City of Oak Park Heights in defending itself against this insured claim, and we reiterate our demands for full compensation to the City of Oak Park Heights as 111 411 Mr. Doug Gronli Page 2 February 9, 1991 previously denoted in past correspondence, copies of which I trust you have in your file. Very truly yours, Mark J. Vierling City Attorney for the City of Oak Park Heights MJV:kmk cc: Ms. LaVonne Wilson - 2 - • GAB Business Sel,Inc 9531 West 78th Street Suite 320 Eden Prairie,Minnesota 55344 Telephone 612-943-2307 FAX 612-943-2383 Claims Control Office December 21, 1990 Attn: City Administrator, LaVonne Wilson City of Oak Park Hts. 14168-57th St. North P.O. Box 2007 Stillwater, MN 55082 OVER A CENTURY OF SERVICE GAB FILE NO: 56542-09912 INSURED: CITY OF OAK PARK HTS. CLAIMANT: WAGNER, CAROL A. D/L: 09-25-89 CM: 10-24-89 Dear Ms. Wilson: Numerous correspondence has crossed over our desks in the past few months with respect to attorney fees incurred by the LMCIT payable to the law firm of Larkin Hoffman with respect to their involvement in the defense of the this case. We also have had numerous correspondence with respect to your city attorneys and their involvement in this case and their presentation of a bill to us, the LMCIT, for legal fees incurred on your behalves in the amount of $7, 374 . 55. You should also be aware that the lawsuit itself, is settled and was done so in a compromised basis wherein the LMCIT paid on your behalf the sum of $1, 000 to the Plaintiff. Our file reflects that your city attorneys submitted this claim to Mr. McGowen, your city insurance agent, on 10-24-89 . On 10-26-89 the Forst Lake Insurance Agency prepared a loss report form and sent to our GAB office in St. Paul, Minnesota. This was done on or about 11-02-89. Prior to these actions, the LMCIT had no knowledge of the claim submitted by Carol Wagner. The LMCIT made the decision to engage the services of defense attorney, Dayle Nolan, with the Larkin Hoffman firm and formally tender the defense to her on 11-17-89 on your behalf. You will recall that we wrote to you on 12-18-89 and advised you as to our position on coverage and assignment of defense. In an effort to give your City the proper consideration for reimbursement of attorney fees incurred by your city attorney, we believe the following is the amicable resolution. I make this recommendation based upon the coverage conditions contained within your City's covenant (CMC10235) as issued by the LMCIT. Subsection (b. ) 4 f`p. • 56542-09912 -2- 12-21-90 Liability Coverage Conditions, section (3) Covered Parties Duties in the Event of Occurrence, Claim or Suit, (a) "In the event of occurrence, claim or suit, notice containing particular sufficient to identify the covered party and also reasonably obtainable information with respect to the time, place and circumstances thereof and the names and addresses of the injured and of available witnesses, shall be given by or for the covered party to LMCIT or any of its authorized agents as soon as practical. " Based upon this coverage condition, I seek your agreement to resolve this matter by agreeing to reimburse your City for the portions of City attorney Mark Vierling's bills from the date that the file was tendered to LMCIT. I would consider this date, the earliest possible date that I can come up with, to be 10-24-89. Accordingly, we would agree to reimburse your City. If this agreeable, kindly let me know. Your City does have a $2 , 500 errors or omissions deductible which is applicable in this case. So as to keep the loss run records truly reflective of the file history, I will reimburse you as stated above and once that is done, I will ask that you send us the deductible draft. I await your decision and thank you for your courtesies. Sincerely, DnGronl g Branch Casualty Supervisor DG:KAR CC: NSRS CC: City Attorney Mark J. Vierling Eckberg, Lammers, Briggs, Wolff & Vierling 1835 Northwestern Ave. Stillwater, MN 55082 CC: Attn: Dean MaGowen & Beverly Wendt Forest Lake Insurance Agency 232 So. Lake St. P.O. Box 188 Forest Lake, MN 55025 • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF 8: VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G. BRIGGS PAULA.WOLFF September 24, 1990 MARK J.VIERLING P VICKI L.GIFFORD GREGORY G.GALLER KEVIN K. SHOEBERG THOMAS J.WEIDNER Mr. Michael Tupper CO 42) y> Claims Adjuster GAB Business Services, Inc. 9531 West 78th Street Suite 320 Eden Prairie, Minnesota 55344 RE: City of Oak Park Heights Claimant: Carol Wagner Your File No. 56542-09912 Date of Loss: 9/25/89 My File No. 1501-5715 Dear Mr. Tupper: Your correspondence of September 17, 1990 has been forwarded to this office as the City Attorneys for the City of Oak Park Heights. Unfortunately, the information contained within your letter is incomplete as it relates to the proper reimbursement to the City of Oak Park Heights for the expenses incurred in litigation in this matter. I am enclosing our bill, which is paid by the City of Oak Park Heights, related to this action which shows a total payment of $7,349.55 by the City of Oak Park Heights. The vast bulk of this was incurred during a period of time that no legal defense had been provided by the company even though tender was properly made through your authorized agent. Consequently, pursuant to the deductible coverage limits of the policy, I am herewith demanding on behalf of the City of Oak Park Heights payment in the amount of $4,849.55. You state within your letter that the City was defended by the law firm of Larkin, Hoffman, Daly and Lindgren through attorney Andrew Mitchell. Although Mr. Mitchell certainly did assist this office in preparing a defense, the defense of the City of Oak Park Heights was through this office principally due to the fact that this office was involved in the case long before Larkin, Hoffman, Daly and Lindgren became active in their pursuit of defense in this matter. I appreciate Mr. Andrew Mitchell's work and commend him for a very fine job in assisting us in this matter, nonetheless, I am sure that he will verify to you that it was this office that prepared the principal defense in this action. 410 • . L Mr. Michael Tupper Page 2 September 24, 1990 Please feel free to correspond directly with me on this matter, and I am enclosing a copy of our billings for the City of Oak Park Heights to verify the nature of the loss that was incurred by my client. We would appreciate your prompt remittance to the City of Oak Park Heights to compensate the City for its losses in this area. Very truly yours, 's/ Mark J. Vierling Mark J. Vierling MJV:kp Enclosures cc: Mayor Frank Sommerfeldt 4 t • GAB BusinessOces Inc 9531 West 78th Street Suite 320 Eden Prairie, Minnesota 55344 Telephone 612-943-2307 FAX 612-942-2383 Claims Control Office September 17th, 1990 City of Oak Park Heights 14168 57th Street North Box 2007 Stillwater, Minnesota 55082 Attn: Deputy Clerk Judy Johnson Trust Member: City of Oak Park Heights Claimant: Carol Wagner GAB File No. : 56542-09912 OVER A CENTURY OF SERVICE Date of Loss: 9-25-89 1 GIB Dear Ms. Johnson: As I trust you are already aware, I had assigned the above captioned case and the law suit initiated by Carol A. Wagner against your City to the law firm of Larkin, Hoffman, Daly and Lindgren Ltd. . Attorney Andrew Mitchel handled this case on your City's behalf. He was successful in securing a compromise settlement in this matter for the amount of $1, 000.00. Under your City's coverages with the LMCIT, Covenant Number CMC 10235 under Form DEC-014 Municipal Errors or Omissions Liability Declarations, Item No. 5 Deductible, there is a deductible of $2,500.00. This deductible defines damages to include legal defense cost. To the best of my knowledge there has been $5, 568. 16 expended in defense costs as well as the $1, 000. 00 in indemnity payments. At this time, I would ask that you prepare a draft in the amount of $2, 500.00 made payable to GAB Business Services Inc. and forward it to the above address on the letterhead. Please show our GAB file number somewhere on the return correspondence in order to assist me in properly crediting it to your loss payment history within the LMCIT program. 7:yr)--1 .x' ti- • • Page Two September 17th, 1990 I look forward to conclusion of this matter and I thank you for your cooperation. Sincere Michael Tupper Claims Adjuster MT/dfb Enc. Covenant Number. Municipal Errors or Omiss'ons • Liability Declaration CMC - 10235 1 Coverage is Provided b . THE LEAGUE OF MINNESOTA CITIES LI I N INSURANCE TRUST (Herein called LMCIT) League of Minnesota Cities Item 1. CITY: Claims-Made Oak Park Heights Item 2. COVERAGE PERIOD: Year(s) • From: To: 12:01 A.M. Standard Time at Mailing Address Indicated on Common Coverage Declara- tions Item 3. THE COVERED PARTY IS: - City Joint Powers Entity _Other (Describe) Item 4. LIMITS OF COVERAGE: IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS COVENANT, LMCIT AGREES WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS COVENANT,SUBJECT TO THE FOLLOWING LIMITS: LIMITS Each Occurrence S 600.000 Item 5. DEDUCTIBLE: THE DEDUCTIBLE SHALL APPLY PER OCCURRENCE AS INDICATED BELOW AND IS SUBJECT TO THE GENERAL ANNUAL AGGREGATE DEDUCTIBLE,IF ANY,SHOWN ON THE COMMON DECLARATIONS. $1,000 $5,000 Xx $2,500 Other (Describe) IN THE APPLICATION OF THE DEDUCTIBLE FOR THIS COVERAGE PART, DAMAGES SHALL INCLUDE LEGAL DEFENSE COSTS. Item 6. RETROACTIVE DATE: 7/7187 THIS COVENANT DOES NOT APPLY TO ANY ACT, ERROR, OMISSION, OR VIOLATION OF RIGHTS, PRIVILEGES OR IMMUNITIES WHICH OCCURRED PRIOR TO THE RETROACTIVE DATE, IF ANY, SHOWN ABOVE. Item 7. ENDORSEMENTS ATTACHED TO THIS COVERAGE PART: ME042(5/88) Exe utive Director, LMCIT LMCIT DEC-014 (11-86) (Rev. 11-88) Administered by: North Star Risk Services, Inc. s7> :. l8i�16S$$BI'VIC66.ih ; r .:r+ .. 6` ..,-: ,r _" t + s iii � �tffceddres ' rx zF�: ,. l' ,.',2 iv 4,•;:\4 ' ...,'-' •': .'''.,-' ..20? . y 1 .b ns ;" a- a 'x 4, x 3,,41, " No.. • �' # -0.‘ "'�' , `' " a Cyut.Cods n Date f.:;.—.:4 i: ' %tit. ,- - / F1 Ali "�tmwE'J i dJdy h y Wu .ry pu ,amu ' �, -.7«.",.., j' > ,p,,,,,.,',..,...,,,,„.. y ,p a. � .. - - i f '� r ,, ik a �e `." r ,�,,, R'" I' z hti** «'F : �l i'4 Tf. -# tr tqt• #' <t.' •.! t ... +3�.,.,- - , nk W�f ‘',104,z! 1'e "!. � �i t114111, ids t.', R �+ Ciaimslbt �. i ' � . ri �' ., `/N4 e -41,6',.44,1' 1 N t , f�'i A. '$S ,. ,., .�+'e ^4` '' ,1+x b ,. , r �. - , 1..‘a*- a � 1 {h u,',4,,, r $^/27 aF'; ' i,-".. "F '; r 1YF -...,-.4.7.,,,,,,,:-.. *(i f y� 'h �� r f ST_ F .� 'S �s'�' 3 1g =;"4f".- C 7l8ANK fpd ire) �EfIC1 tf ItI�E caffihed �j �€, r. ry `'RVYD ~ATURES .';',t41:414. EQU iED FOR CHECK 41 R S5 ''+00 �*^•7. t +*S''' r t �. yt- ! '« i► h hid i, 4ff.�r . > t '.,y 3• fir ,, „4 . 4. ', r.:4".:1 ..'.-.0,-,- ".;'"......„' „ '",;'1;:s 2, . n• is�4 � � � 1,.. � ,it --.„'0,,,"A''',.7*.,?;' r.�,{ z ,,,,I, ,,,,,*,,,,,,,'",',.. F AB LO S/CLAIM PAYMENT 44,.-.,'-.... r rt — a s . ti s.a s' 3 " U� x :.-„4,.fi - :` P p "'' - r --'rIc D SE'4NLYSEONLF.,,/- . '..; ', 23 1,CLAI$ NO/ POLtCYN4.x- * 24'N1& 2B PAYE tRS• a _3`",_ e. COA FPIOl6 4 yf p0 v'94 THRU ` IF y C) �t+ z ` *��. I'•3O PA tDE1DE 34 AMOUNT 32'"PAYCODE 33 AM 4JN1 '' $ . ..• st'AMp"..".7 **";,=,,,,,,r,.4,-," ::Y : k _i.3.. ..°ti� d` f �_ k 'I- ,i.y u144, 4** :}ry * 'AO*, N N1']F a fi 4 i 6 LARKIN, HOFFMAN, DALY 8c LINDGREN, LTD. • • ATTORNEYS AT L A W • 1500 NORTHWESTERN FINANCIAL CENTER 79N AP XESLIS. AVENUE SOUTH554 y / /( MINNEAPOLIS.MINNESOTA 55631 TELEPHONE (6121 8353800 ` August 16, 90 le • Mr. Doug Gronli GAB Business Services , Inc. Minnesota Contract Claims Control 9531 West 78th Street, Suite 320 Eden Prairie, MN 55344 17,197-001. FILE NO. - j� PLEASE RETURN TOP HALF OF INVOICE WITH YOUR REMITTANCE FOR PROFESSIONAL SERVICES: For period ended July 31 , 1990 Re: Wagner v. City of Oak Park Heights GAB File No. 56542-09912 DATE SERVICES ATTY HOURS 4/02/90 Draft settlement documents AJM .75 4/02/90 Office conference with Andy DWN .25 Mitchell regarding settlement and court appeals decision not to stay 4/03/90 Telephone conference with Dayle AJM .25 Nolan; review Mark Vierling changes to draft 4/03/90 Review settlement agreement; DWN .25 telephone conference with Andy Mitchell 4/07/90 Telephone conference with Mark AJM .25 Vierling 4/09/90 Office conference regarding DWN .25 settlement • 4/11/90 Telephone conference with Mark AJM .25 Vierling re settlement; submit same to Robert Weisbrod; transfer Weisbrod comments to Vierling 4/19/90 Review Stipulation for dismissal AJM .75 and sign same; letter to Robert Weisbrod regarding same; telephone conference regarding where to send check; letter to Vierling regarding same DWN /mje:AY8s LARKIN,HOFFMAN,DALY& LINDGREN,LTD. INVOICES ARE PAYABLE UPON RECEIPT Mr. Doug Gronli - August 16, 19900 Page 2 DATE SERVICES ATTY HOURS 6/21/90 Telephone conference with Garron on AJM . 25 his position, scheduling TOTAL SERVICES $332.50 Disbursements Photocopies $405 .90 Fax Charges 16.00 421 .90 TOTAL SERVICES AND DISBURSEMENTS $779.40 DWN mje:AY8s Busifiess Services,Inc. 6 # Office Address 9531 WEST 78TH ST., szlzo SUITE 32U' I t 2 B 613 irk 311 EDEN PRAIRIE,_ ,NINNESOTA 55344 11662663 ON BEHALF OF LEAGUE OF NINNESOTA CITIES INSURANCE TRUST 3No. 'GAB File No. 56542 09912 sFx_ 5Cust.Code s ccurrence.Date l0e.251 9.7Date s _►;___t s PAY I x t Dollars 9USMIS Customer/ Pay 10 LTirured To ! The Employee/ . Order ,11 Claimant 15 iiiii6666, CAROL A. Of UP�+�t q 12-73 _ For 16 '� P i 197-00 CITIBANK (Delaware) Void if not cashedNOT- 6d -• ABE ,- within 90 days TWO SIGNATURES REQUIRED FOR CHECK OVER$5,000.00 TWO SIGNATURES RE IRED FOR CHECK OVER$5,000.00 d I is STATUS CQDE - 19.LOSS/CLAIM PAYMENT 20 CAT NO. 21 LOSS/CLAIM ZIP PARTIAL OR NATIONAL SPECIAL PURPOSE BOX-LIMITED USE ONLY FINAL . FINAL(CLOSDI SUPPLEMENTAL OFFICE DO NOT"X"THIS BOX WITHOUT SPEC FIC 55082 USE ONLY AUTHORIZATION FROM THE NATIONAL OFFICE. 22 ISSUING BRANCH NO. 23 IC)CLAIM NO./IPI POLICY NO 2a IRS CODE ' 25 PAYEE IRS OR SOCIAL SECURITY NUMBER 54 9 4404 27 p CNC1-0235 3 ' 41-0 �A 57 i - Zs COMP DAYS 29 RESTRICTED WORK DA• • WORKERS' PAY COMPENSATION PERIOD FROM THRU 30 PAY CODE 1 31 AMOUNT 32 PAY CODE 1 33 AMOUNT. 3a PAY CODE 35 AMOUNT PAYMENT DISTRIBUTION 01 i a78a.zb 6613(REV.2/891 .- 1 { CUSTOMER COPY Mr. Doug Gronli . April 23, 1990 0 Page 2 410 DATE SERVICES ATTY HOURS 2/23/90 Review materials; draft brief. AJM 5.00 2/23/90 Organization of materials received JMS 1.00 from client. 2/25/90 Research brief to Court of Appeals. AJM 1.50 2/26/90 Draft brief. AJM 8.50 2/26/90 Office conference regarding appeal. DWN .25 2/26/90 Reviewed law regarding voluntary JKM 7.75 municipal participation in federal housing subsidy programs; reviewed law regarding mistakeof law by trial court in granting of injunction as an abuse of discretion. 2/27/90 Revise brief . AJM .50 2/27/90 Review of law regarding mistake of JKM 1.50 law by court as abuse of discretion. 2/28/90 Revise, proofread , cite check and AJM 6.00 serve brief. 3/07/90 Review plaintiff' s motion papers AJM .75 regarding partial settlement, discuss same with Vierling. 3/09/90 Telephone conference with Vierling AJM .50 regarding motion to approve settlement; responses. 3/12/90 Draft memo in opposition to motion AJM 1.00 to approve settlement. 3/12/90 Office conference; research DMN 1 .00 regarding scope of jurisdiction of trial court. 3/13/90 Review and revise motion in AJM .50 opposition to settlement order. 3/16/90 Review Wagner's brief. AJM .50 3/16/90 Telephone conference with Mark AJM . 50 Vierling regarding potential of Wagner suit. 3/16/90 Office conference regarding motion; DWN 1.00 telephone conference with M. Vierling regarding terms. 3/19/90 Telephone conference with Bob AJM .75 Weisbrod regarding settlement, possibilities on the confidentiality of the potential settlement; telephone conference with Mark Vierling regarding same; review facts from Weisbrod regarding further thoughts on settlement; telephone conference DWN KAT/AY8s • • r. 1 0 N 1"' 1'•' 1 0 Z \ \ \\ \ \\\ C7 N N N I—' N I— N 0 )' 1 •�+ N N 1-' N N U1N -.l y A > \ \ \\ \ \\\ ril a y 1/40 1/40 10 1/40 1/40 co 00 0o M \ O 0 0 0 O l0 l0 l0 • > 0 000 � rr0art0110gbancr.rt < IA el) elcn £ (AaimMCy7d � S Co aD aD O O CD O aD O O 1-' r•O ri aD t-'• aD a) r- (D rt r•rt 0 CD rt O f'• a) (D () 1'• 1-A O CD t0 O t0 O rt CD Co 0 w 1-' (D 1-' C 1-,L0 r- rt w 0 < C) I a) h' C < to CA aD rh rt M A A) ! 1fi H.A) b MCD CD rt 0 w(D >y '0' O'10 C w• 0 1i (D I-'• I- A 0"0 CD r• K aD 11 m O a c (D WO 1-1'0 a) • 1i C C (D O 1--''i7 0aD < n 1i ari all Z 1-,. rt11 • O' r'• O £ 0, 1-, 3r (D £ G H. £ O O (D CO 1'• (D r•(D CA O (D CD O O H. 0) • A) O 0 0 O (D M aO Z Z O O 0 w •-• 0 O (0 O 0) O rr rr r3 CAln � rh a. • CD 011 t0 0 t0 0 rr CA C) CD aD 1-' t0 r. < r. 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CD r- 0) < a Co G (o rt H. £ Z aD a rt 14•1-' I 0 O CA rt 0 rt 1-+ rr'd 1•- C) 1'•0 (D Z it rt CD O 1i m 0" O ••• 0 CD a O rt a) 7t' O' l-' CD CD 0 O O a C) b Co O' 11 • (D t0 0 '< (D A) t0 A) 1i £ 0 tO 0 r. 0 . • C 0 • 1- ;0 `• (1 G rt a) 1i 11 rr 3 N •• 111 rh I-' Co 3 U1 • a CD Z t C 0 0 mm '• • aDCD 1'• 03 01 CD Z 0 • r Cr) CD (o C C t0 rt 11 11 11 A) rt 11 Inn a m0 (D CD ? 11 0 A) O 11 (D O CD '0 N. 7r .C., 1'- 1, m '0 I-. II Orta 1111 ''C OV 0 V 0 Nrr3 PI z 0 rh a w O 0 C) CD 0 I ''C 0) i - 0 0 w (D rt CD u) CD A) 0 11 -1 0 rh 0 I' 0 (D I-' l0 O 0 t7 (D t0 •• a 1/40 rh 0- I , N Q W A) ►-' 7r' Z 3 Z z ' Z Z 2 3 H A) 1C el to 7r 0 x • = CD 1.' N 1-1 N I-' 0 1,. • • . • • . • a lO U1 ,l -.l O O U1 O N PZ) S O U1 010 0 O0Lit Cl) rt CA Mr. Doug Gronli April 23, 1990 . Page 3 DATE SERVICES ATTY HOURS d i with Mark Vierling regarding Monday evening council meeting and our desire to see the matter resolved. Telephone conference with Vierling regarding council approval of settlement; telephone conference with Dayle Nolan regardingconfidentiality language letter to Weisbrod and Wagner brief. 3/20/90 Telephone conference with 'Vierling AJM . 50 regarding Council approval of settlement; telephone conference regarding confidentiality langauge; letter to Weisbrod. 3/20/90 Office conference regarding DWN .25 settlement status. 3/22/90 Telephone conference with Mark AJM .50 Vierling regarding settlement; draftmotionfor Court of Appeals. 3/23/90 Serve motion for a stay pending AJM .25 settlement. 3/28/90 Telephone conference with clerk of AJM .50 court and opposing counsel regarding refusal of Court of Appeals to grant extension pending settlement. TOTAL SERVICES $4,722. 50 Disbursements Photocopies - $47 .40 Westlaw/Research - $13. 86 Fax Charges - $5.00 Total Disbursements $ 66 .26 TOTAL SERVICES AND DISBURSEMENTS $4,788.76 DWN KAT/AY8s , . r f (• i• ( • • . , . • 0 In LI rl Ln rn rn Ln: rn Hi Ln LI rn LI Ln , -- ,-- •-•,- i.-- i.-- ,-..• •••- ,-- i-- 1-- i•-- .-- ,-- l•-•• ,-, i ---7 Ln Ln Ln Ln Ln Ln Ln Ln L7 Ln LI L7 rn Lrl i ',•-•' !--, ?-s ,--i ?-1 •-! .- .--. , ' ' ' ' , , i --i i . -. .-.4 =-4 ,--, i•-; i--; i•-•-• ri rl ri :•---E ;•-•-i ri ri ri ""‹.. ; 1..,., %.:, Li, ,.:., :..., ,! ,..:., --:. - • - . - ' , - : : i 1-r. rj.:1 rr! tii rrl !It rrt 71 I;i rr iii ril i'r 17 , ,.--, , • ! , I.• ,- ,•-• ,... ....."- =-- 7.- i ..-. - -: -. -•• i * rn 4> C...; .-.....; r..-J * ...,. ... .... ....... ...... ..., ...., S'- ..... ...„. .-... ... .... ,.., . -7, • :4K ...,„ ..„ • ._. ., — .- ..- .-. - ...... - ._. - ._. _ ....... ...... i .....4 . ,-- . ,-,-. i. r,,'! ,....'I .•• iTI. C; ,I 'S, ..... ..... 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I ! i--4 ; :4C i --1 :4C . i ! i cl..1 i i 7 1 i D I ; 1 1...... i 101 t rn 1 1 t :t , 1 r 1 t 4- , ,.....„-, ,.-. ,...... „ ,.-., ...., „. „ ,....., ,.....„.-, ...., ,..... ..... _ ...... ...... ...... .... ..... ._.. ....., _. _. ..... ...... _. 101 t , _. ,....., i 1 I 0 1 1 ID 9I . ["SuburIayingsettleme% to rent-subsidy plaintiff By Jim Adams ' Staff Writer "My only hope is that Oak Park Heights will pay an undis- closed sum to Carol Wagner to settle they have enough a lawsuit brought when the city tried pride in themselves to stop her from using a federal sub- sidy to rent an apartment. that, just because The city also agreed to permit future ,they are renting, to use of the subsidy program for exist- take care of the ' ' ing rental housing, called Section 8, said David Graven, an attorney for place. the Washington County Housing and Mayor Frank Redevelopment Authority (HRA), a y defendant in the suit. Sommerfeldt 4 ' Mayor Frank Sommerfeldt said the settlement will bring more low-in- come people to Oak Park Heights. of the place," Sommerfeldt said. "I The city of 3,900 overlooks the St. have seen so many times(elsewhere) Croix River just below Stillwater. that they kind of let things go to heck.This is what our residents were , "My only hope is that they have afraid of." enough pride in themselves that,just because they,,gre renting, to take care Settlement continued on page 7B ••• ...,..•,eillf,..:,Ma., st,..,AtOtiVAQ:L•„yik,,. .,k,,..,-,;..'''.•+!,il*".A.2'•irg':•:i. ` L. � , 1 7.. .A0:::::i:::E.:?,'''. C441., -:'''' ..'', '''': '''::#4.4e.... t:l.fil...%:::• :,i'!..:-.,,, .i:4-: �i Eac ,, .... ra. ,._H iAlta age „rtf }fr) v,a y h .;' .. ry. , � t2r' .. Staff Photo by Rita Reed Carol Wagner,shown with son Adam,had alleged that Oak Park Heights discriminated against her because she received public assistance. Settlement Continued from page 1B Wagner, 40, had alleged that the city become a permanent court order af- discriminated against her because she ter the settlement is approved by a received public assistance. Wagner, district judge, Graven said. The who lives with two of her sons, is a agreement was mailed Wednesday to former hairdresser studying to be- Judge Ken Maas, said Jim Lee, Wag- come a social worker. She has agreed ner's attorney. to drop her lawsuit, and said the settlement means she can keep her The settlement also stipulated that apartment in Oak Park Heights. the county and Metropolitan HRAs pay Lee's legal fees of about $3,000 Wagner said she will not get much and reimburse Wagner for rent paid money from the city's insurance before she won court approval to use company, but she refused to state the subsidy. the amount because "The city said part of the agreement was to keep it Before Wagner's case, the Metropoli- quiet." tan Council required local approval for Section 8 programs. It now has Lucy Chavez, of the county HRA, agreed not to require local approval said that as of May 1, two elderly for communities it works with in the women and four single mothers with Twin Cities. children will be using the subsidy to rent in Oak Park Heights. The wom- A bill that has passed the state Senate en pay 30 percent of their income for and is expected to pass the House rent, and the subsidy covers the re- would make it illegal for any local mainder. The program pays $413 of government unit in Minnesota to Wagner's $485 monthly rent for a stop someone from using the Section two-bedroom apartment. 8 subsidy,officials said.Wagner testi fled at hearings on that bill. She won a temporary court order Dec. 1 allowing her to use the subsi- dy without city approval.That would Star Tribune/Monday/April 9/1990 • i Woman who fought r „ttor,„-,--,,,, ,„,, . iLa i ,.for rental subsidy „, Ty : te, ` . ,+ tL A° aF � ` i �t7backs othersquests � , _ By Jim Adams �` „, , a . Staff Writer 4 ' When Carol Wagner set out to find "It was like somebody gave me my , a decent apartment for her family life back,”Wagner said Iast week, h last summer,she had no idea that sitting in her neatly kept,two- .60 N} quest would take her to City Hall,a bedroom apartment."I signed for r'_ ' county court and the State Capitol this place,then Metropolitan Counci •,,,,:..,;(4'.;,, , � in St.Paul. told me Oak Park Heights was not in ,, w ' : the program.” I'm � d °" a� Although she fought Oak Park Heights officials in court last fall Only a lawsuit won her temporary —..., and won the right to use a federal permission to use the subsidy.But rental subsidy,the victory didn't the city has appealed,and Wagner win her a unanimous welcome in faces at least one more hearing before f the city. the case is resolved. } . She said some residents remained Mayor Frank Sommerfeldt said he , 3 suspicious after she moved in last continues to believe the council is October.She said that some have right in not approving the subsidy a even said they've written down the program."We were following the y� � � I - „ license plate numbers of vis's;"; •• �" " ` 1 �► direction of our constituents, he , friends. said. • s. Others have criticized her for taking One neighbor,Kathy Noyes,who Staff Photo by Rita Reed welfare payments while having lives in a single-family home across Carol Wagner and her 11-year-old son,Adam enough money to go to a health 58th St.,said she was concerned that club,not knowing that the their property value would drop if low-income people moved in. Her supporters have included membership was a gift.The single Wagner"keeps everything picked up friends,her Lutheran pastor,and mother blames her struggles for a and doesn't let her garbage blow thyroid condition,a 15-pound a8 former St.Paul Mayor George weight loss and a slipping grade- around,"Noyes said,"but what is Latimer. point average in social work studies the next one going to be like?' at Lakewood Community College "I was moved to think that someone in White Bear Lake. Others living in nearby apartments would have to be put through that said that they thought the rental kind of trial who wanted to do But she remains determined not subsidy was needed."If it helps her nothing more than give decent just to protect her own home but to go through school to better herself, shelter to her children,"Latimer pave the way for others to take cant see where the controversy is, said."I told her a lot of people felt advantage of the low-income said Ken Jadwin. the way I did,and she should pursue housing program Oak Park Heights her rights." tried to block.Wagner,40,recently Wagner and her children have testified before state legislators on a become cautious about activities that Wagner took the former mayor's bill that would strip local might be seen as extravagant.When advice and last month testified in governments of the power to ban she was given tickets to the favor of the changes in state rules on the federal subsidy,called Section Omnitheater at the Science Museum the federal rental subsidy.State '8 of Minnesota in St.Paul,Adam officials said the bill has passed the asked,"What will the neighbors Senate and awaits action in the Wagner had hoped the federal thmk�" House. program would help her afford a But there have been high points,too. safe,peaceful home for herself and Wagner cried in joy and relief after her sons,Dan, 17,and Adam, 11,as Washington County Judge Ken Maas she sought to start a new career and ruled in December that she could use end a difficult relationship witha the rent subsidy without city boyfriend.She wanted to remain in approval. the Stillwater area so her sons could stay in the same schools. Wagner said she took Adam out to She first learned of the subsidy from Burger King to celebrate the judge's a counselor at the Family Violencedecision.Then they went to the Cub Network.Her income,$532 a month Foods store where Danny works to in public assistance,qualified her for tell him the news."I hugged him and a Section 8 certificate that would pay `"' crying and dancing around the 70 percent of her rent. aisle.I said,'We won!We won. and everybody started clapping." il ca Oc -I w w+ y• t0 LL O oz. :+ Q 4 F ti :y Da r 5. y C1.v7...% tCo O'w.d w to %.<`CC y .1 co C 1 _ ro � � yw Fpp,wywp ya `Cw "�' o P 5, ww '-� 'd oyooCw pw� U) � a „,-".1 x0 R. g o� °�--.� g� c few CL "^tD a dQ O' w .y. f�D w $' '' w M 14 ? ��'O y_ I Y7 o • ttpp y C O y ( w ti ¢' (p LL p 7,-.:18 O CL f�D C.Oe � p -C tl1 ^` _ _ .i m V tp O -e O 00 y �+ g O m C ?_' n (7 (� F °m..A t: sr ti C N t� Q_ O-- .. :;e5-5- -i- 7 O �, y (D '�� Q� C D y r,• 4 v " � L y 7;; vCen• nmN � � cm m < Q ��' y m 0 y • Q n �, V�p O yii Q,y C' tT.nO 11) �_ \ — • a ,UoC1 m5 s °' ro �.o`� Km s i c r F. 4 e i I ill. ; , :,:,,,,'' ;,,,;,,,,,,,,i,,,,:', '' ," : i ,.,,:,i' ,'!' k , .-,,';',4 eff/ lir' ,yC" Y 1 , fere Z V x k....,, '.,.\-„}„. .,4..,,,,-,',....._ ,. - ,...140t, - : . . ,t,WIIIIIIre lia,„,, ',17rf;'''' ',/ " • ' ' t.1.1 Y e , , ' :� '''''',',/,-7'7,"' rt` Sf (/)ti \ i iwl, 1 1139 AON3M 0o n �9 a'-'7) .0. t. '"ate 4 x�o � oao Z> < �� O su a°, °' O O a 0 + CY O C to 0 O A `+ w ^ m 0 :: eo O w O w Li ..a H cr �CO� Oa w n y,0 A ie Qq O'O w O 7C � O CI) m C 7 ro O (3 C UO O x O G.O0 c ca.p,`C tD - "fie`C n ,= 0� :12.2 <�' y. u y Oi !i Q x00A y r•+ ,C.,. ..r n>r, y §- ,,26, 2 O G A, .,;(.2,2...,7 -'°y O = C Ae •C, , , f'' '"•01 ';') — ' =: ci C ;4,-.r, . O y m � � y ro G.CL ,y (�'" (n 7 O O p A � LL tn`C �n A' w ?� CIG y ? O n p O a n ar rt w ,, O: LL-T ?� O > •,. CrLL- O Q.m A ri Z y.O O lD 0 Q fD .q w Q w H "0Q n a ICI z - 7 .- T w ro CD '7 w � c/ 5 .-.CL `, m• a. 03 CI•n ro w • C S C y O0 � o arQ "Qa �0 -R.. ci, •`g an � Qy Y'cElw a, g' C 00 :; a w p O C w z 0 pg ry< 0 4 p,0 , m O ,T p• CYC ?d 0 CL'� 0 Oti rt X A V1 - '5z -- L y C-- 8 Ort Q O ,wt w. ag .. to m 00 .� C ro O n ro ,. , O w , • CL O 0.• .. C ^ a 0 �. `" Q 7C 9.. g on0w DI w7`'° 9ywO � Q°a. Q � � y.coOG 5 O o,w y 0. n fl. L. 'C3 .w', • $ C Q. w Fr; ,O w . . O.O5%.,g ' OCL •.y `C A A y O' 'C .. . Q Ct0 O CLO w O efl y r.� � '6,-;.„- = O ti ^ ° CL o a." m C +z O 0 fa) G O n Q -O = N o w rt.0, O' .e w y O y ; ro Q' 0 < D0.C 7 .i `32 O n co O O n w•< • m '. O 7• oa � � � �-e o w tt 7- n ?N O �' T O �• O 7 T y .yw. T • w y A '.- -20/.9 '-'4 _� n 7' .f•D O T fD OO Q .. (D `C O i the system what I take out." •n Dec. 1, after a month in legal limbo, Wagner fell within Section 8 guideli d produced hand- r;i eived news from hgorney that Washington outs outlining her findings ncil members. e.unty District Court Ken Maas had ruled in But she was not allowed to share the information she hI-r favor,issuing an injunction stopping anyone from had gathered.The council told her she had not gotten jying to block Wagner's qualification for Section 8 on the agenda properly and would have to wait to be a sistance. heard until their next meeting. en her attorney called,she said,"I just cried like a Shortly after that,Wagner's motives changed. It was •:by. I knew we had a 50-50 chance of winning,but no longer just a matter of practicality—fighting city I adn't unpacked a lot of stuff.I didn't think this was hall would be easier for her than packing and finding 1 y home." a new place to live—it became a matter of principle. :ut Wagner hadn't won yet. Oak Park Heights and She had chosen to live in Oak Park Heights and didn't t e Metropolitan Council appealed the decision. think she should be denied that choice based on her 1 . •n Feb. 1, the Metropolitan Council withdrew its economic status. .I.peal. It implemented a policy change,no longer Wagner retained attorney Jim Lee.She filed a lawsuit r••uiring local approval for Section 8 in the seven- against Oak Park Heights and the Metropolitan ..unty metropolitan area. It also offered Wagner a Council and began a legal battle to stay in her new ttlement of$826 for October and November rent home.She wasn't prepared for the ba t tle for personal .'nd$2,500 for legal fees. Oak Park Heights is still in dignity that ensued. .IPpeal• Wagner prefaces her story about that battle by saying, agner also told her story to the state. Following her "Ninety-eight percent of the public has been suppor- ;•stimony on March 7 and 8 at the state Capitol,a bill tive.But,"she continues,"there are a few individuals at clarifies and limits local approval of Section 8 who have not been. assed through the Senate and House committees on "I guess I was naive. I thought people would be �i'nancial institutions and housing. receptive to and understanding of someone in my �If that bill passes into law,"Wagner said,"I want to • standing right next to the Governor when he signs "Those are the people I wish It• e Metropolitan Council's policy change and her tes- would come up to me and say, 'mony to the state have buoyed Wagner at times 'Carol,we believe you're 1.hen she has felt discouraged. She said that at other mes when she has wanted to quit,an energy resur- misusing taxpayers'money. aces to keep her going. She thinks that energy is - Let's talk about it. " II•irectly tied to her dream of finishing school. ronically,that dream which served as the impetus of er fight,may be in jeopardy as a result of it. "I won't position. But this has brought me back to the real ow until the end of this quarter if I've maintained world—that people do judge. It's a very judgmental he grade.point necessary to keep my grants,"said world. agner. She admits her studies have suffered be- "Some of my family ties are real strained by this.My � ause of the time she has devoted to the Section 8 issue. sister-in-law thinks it's terrible that I'm using taxpay- he looks forward to a return to normalcy after the ers'money. 1:ppeal process. "1 feel like I did a lot of good,"said "I've had to butt horns with a neighbor. He's a agner. "But Ijust want tobearegular person again. taxpayer and he doesn't want low-income(families) "People don't know the whole impact of this. In just living in his neighborhood. I'm going to degrade it, I, few months,it's like 10 years of my life are gone. make ita slum. Low-life like us should go someplace 1"I have developed a thyroid condition as a result of else." Although her neighbor didn't use those exact 1this. I'll have it the rest of my life. The doctor said it's words,Wagner said they describe the message shefrom stress. got. She also said a friend of hers who works in the Wash- "Not that I want people to feel sorry for me. I am a • survivor. But I never expected thisto be such a hard ington County Government Center told her about a challenge." conversation she overheard regarding Wagner. "As taxpayers,these people said they were going to find some way that I was abusing the system. The writer comments:The first time I read about Carol Wag- ner in the local press,I wanted to meet her. We have two "Whether it be have a man sleep over,or neglect my things in common;we both have children and we have both children or misuse funds on the welfare system,they fought city hall.But itis the difference between us that made were going to find a way to get me out of their com- me want to talk to her. She is a single parent;I am'not. munity. I The energy it requires to become involved in a controversial "And they did try. If I had people over,they'd read 1 Issue and follow it through is all-consuming. So are the the license plates and find out who was here.I was in I demands of raising children. I had an energy reserve in Perkins having lunch with my girlfriend and ques- another person to get me through my parenting role. I tions were raised about how I could afford to eat !wanted to know where Wagner's energy came from. Per- there. 1haps I was secretly in search of that elusive Super Woman "I'm afraid to date.I would hate to humiliate another obecome.f the'SOs whom we all heard about and many of us tried to human being to be out with me and have people all I didn't find her,and because of that,I knew it was important around us whispering. 1 to tell Wagner's story.She told me during the interview,"I'm "Those are the people I wish would come up to me I just like everybody else." and say,'Carol,we believe you're misusing taxpay- I hope readers who have wanted to or thought about"getting ers'money. Let's talk about it.' involved"will use Wagner's story as example and encour- "But the y don't.They don't have enough guts if that's agement that you need no special power to do so. You simply need the desire to make something wrong,right. what you want to call it,to say how they feel. "I'm not a person usingthe system. I'm havinga bad For those readers who work in systems where policy often Y 1 prevails over people,I hope Wagner's story will remind you struggle and I do appreciate the help I'm getting. I'm I of the human factor in your decision-making equation and just like everybody else,except I'm poor.l'Il put back encourage you to give it greater consideration.—Mary Miller STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Carol A. Wagner , rRespondent, PLAINTIFF' S INTERROGATORIES vs . AND REQUESTS FOR PRODUCTION OF DOCUMENTS The City of Oak Park Heights , DIRECTED TO DEFENDANT a municipal corporation, CITY OF OAK PARK HEIGHTS SET I and The Metropolitan Council Housing and Redevelopment Authority, a body corporate and politic, and the Washington County Housing and Redevelopment Authority, File No. C2-89-5255 a body corporate and politic, Appellant/Defendants . TO: DEFENDANT, CITY OF OAK PARK HEIGHTS, and its attorneys , MARK J. VIERLING, ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, 1835 NORTHWESTERN AVENUE, STILLWATER, MN 55082 PLEASE TAKE NOTICE that plaintiff , by and through counsel , Southern Minnesota Regional Legal Services, Inc. , 300 Minnesota Building , 46 East Fourth Street, St. Paul, Minnesota 55101 , and in accordance with Minn. R. Civ. Proc. 33 . 01, 33 .03 , 34 .01 and 34 .02 , requests that defendant answer the following interrogatories and requests for production of documents separately, fully, in writing, and under oath, and that those responses be signed by the person making them, and be served on plaintiff ' s counsel within thirty (30 ) days of service of these interrogatories and requests . In answering these interrogatories and requests, furnish all information , however, obtained, which is available to the City. • r • 410 If you are unable to answer any question in full , so state and answer to the extent possible, specifying and describing that portion of the information requested to which you are unable to answer, and providing the ground or basis for your inability. Where any answer is based in whole or part upon information provided by someone other than the City, or an employee or subcontractor thereof , and that person or entity must be identified by name, address , and telephone number . Wherever the designation "City" or "City of Oak Park. Heights" is used within these interrogatories or requests , that designation shall be defined to include the City, the Oak Park Heights Housing and Redevelopment Authority, or any departments , agencies , or employees thereof . Some interrogatories may contain requests for production of documents . Pursuant to Minn. R. Civ . Proc. 33 . 03, you may attach copies , the authenticity of which shall be certified by reason of your signature to your responses, of the requested documents to your answers hereto. INTERROGATORIES 1 . State whether the City of Oak Park Heights (City) has applied for , or received from, any unit of government, monies or funds under Title I of the Housing and Community pevelopment Act of 1974 , including, but not necessarily limited to, monies or funds from the following programs administered by the United States Department of Housing and Urban Development: ( 1 ) the Entitlement Grants program, ( 2 ) the Small Cities program, ( 3 ) HUD-administered Community Development Block Grant (CDBG) funds , 2 • • (4 ) the State' s program (State-administered CDBG funds ) , ( 5 ) the Secretary' s Fund program, ( 6 ) the Urban Development Action Grant (UDAG) program, ( 7 ) the Loan Guarantees program, all as further described in 24 C.F.R. , Part 570 . If so, specify and describe: ( 1) the date of application for such funds , ( 2 ) the purpose to which such monies or funds were put , ( 3 ) the agency or unit of government from which such funds were received , ( 4 ) the amount of such funds received , ( 5) the dates upon which the City Council considered any action with respect to such programs , whether by way of application, consideration of making application or otherwise . 2. Provide the following information with regard to the Oak Park Heights Housing and Redevelopment Authority: a. date of organization; b. the names and addresses of its commissioners or other governing officials ; c. date of its first legal act and the nature of that act; d . its regular schedule of meetings ; e. specify its mission; and f. produce its budgets for each of its fiscal years since 1980 . 3 . Has the 'City ever prepared a housing assistance plan as that document is defined in 24 C .F.R. §570 . 306? If so, specify and describe the findings and assessments made pursuant to 24 C.F.R. §570 .306(e) . 4 . Has the City ever participated in -the preparation of such a housing assistance plan prepared by the Washington County HRA, the Metro HRA, or any other unit of government? 5 . Describe and specify each and every action, undertaking , activity, or circumstance by which the City sponsored or assisted in the construction of those developments commonly known as Raymie Johnson Estates, Raymie Johnson Townhomes , Oak Ridge Apartments , or Oak Ridge Place. 6. Specify and describe any and all housing needs assessments undertaken by the City, or considered by the City, or on its behalf, since January 1, 1984 . A "housing needs assessment" is defined to include information regarding the availability, demand for , condition of, existence of , or need for residential housing, whether rental or owner-occupied , within the City. 7 . Specify and describe any and all assessments of socioeconomic groups within the City produced for , or considered by, the City since January 1 , 1980 . 8 . Explain what is meant by "videotape logs" referred to in line 7 of paragraph X of the Verified Separate Answer of the City of Oak Park Heights , a Municipal Corporation . 9 . Did Mayor Frank Sommerfeldt state to reporter Jim Adams on or about October 10 , 1989 that plaintiff ' s , or Metro HRA' s, request for approval of the Section 8 Program was "a dead issue" for the City Council of the City of Oak Park Heights? If not , what did he say? 10 . Did Mayor Frank Sommerfeldt state to ,reporter Jim Adams on or about September 30 , 1989 , in reference to "low-income people , " "Hardly, we have enough of them in the city. "? If not , what did he say? a • i 11 . Does the City intend to call any persons as witnesses at trial with respect to the issues and claims raised in this action? If so, separately state the name and address of each such person , their telephone number, the subject upon which that person is expected to testify, and the substance of the facts or opinions to which that person is expected to testify. 12 . Has the City consulted or retained any experts with respect to the claims raised by plaintiff in this action , or with respect to its defense of those claims, in this action? If so, specify the name , address , and telephone number of that expert or professional, the subject upon which he or she is expected to testify, or the information which that expert or professional is expected to provide to the City for evidence in this action . REQUESTS FOR PRODUCTION OF DOCUMENTS 1. A demand is hereby made pursuant to Minn . R. of Civ. Proc . 34 .02 for any and all documents produced, maintained, or considered by the City with respect to those matters inquired into by plaintiff ' s interrogatories-set I, Nos . 1-12 . 2. Produce the "Oak Park Heights-Apartment Survey, " dated September 21 , 1989 produced by Robert Kirmis and Curt Gutoske and considered by the City Council at its meeting September 21 , 1989 , and all files , notes , documepts , or other written materials considered, collected, or referred to in the production of such memorandum. 3 . Produce any and all documents , notes , materials , or other information considered, collected, or referred to with c • • respect to the comprehensive study directed by resolution of theCityof Oak Park Heights , Minnesota. 8'9-10-62 9 4 . Produce the minutes of meetings held by the City Council of the City of Oak Park Heights from January 1 , 1980 through the present . 5 . Produce any and all letters , petitions , or other written communications received by the City, concerning Section 8 housing in the City from persons other than employees or attorneys of the City. 6. Produce the City' s Comprehensive Plan referred to in paragraph 7 of resolution 89-10-62 of the City of Oak Park Heights , and all amendments , revisions thereto, or subsequent Comprehensive Plans adopted by the City. These interrogatories and requests for production of documents are deemed continuing in nature and should the City, the City' s Council or anyone representing the City' s interests learn of any additional person or persons who have knowledge relating to the matters to which these interrogatories or requests for production of documents inquire, or such additional information or response in supplementation thereof, the City is requested and directed pursuant to Minn . R. of Civ . Proc . 26 .05 to timely supplement such response. • • NOTICE IS HEREBY GIVEN that plaintiff will object to consideration of any evidence offered to the Court for which proper supplementation was not provided . Dated: .T1'7,7 i SOUTHERN MINNESOTA REGIONAL / LEGAL SERVICES , INC. c JAMES A. LEE, JR. i -AttorneyWagnerfor Wa 300 Minnesota Building 46 East Fourth Street St. Paul, Minnesota 55101 ( 612 ) 222-5863 Attorney I .D. No. 129276 •, STATE OF MINNESOTADISTRICT COURT `�„. a l k ` COUNTY OF WASHINGTON (! fTENT,�7 F• JUDICIAL DISTRICT amu. Carol A. Wagner , Plaintiff , vs . PLAINTIFF' S REQUESTS FOR The City of Oak Park Heights , ADMISSION FROM DEFENDANT a municipal corporation , and CITY OF OAK PARK HEIGHTS - SET I The Metropolitan Council Housing File No. C2-89-5255 and Redevelopment Authority, a body corporate and politic , and the Washington County Housing and Redevelopment Authority, a body corporate and politic , Defendants . TO: DEFENDANT CITY OF OAK PARK HEIGHTS, and its attorneys , MARK J. VIERLING, ECKBERG, LAMMERS, BRIGGS , WOLFF & VIERLING, 1835 NORTHWESTERN AVE. , STILLWATER, MN 55082 Plaintiff requests defendant City of Oak Park Heights within thirty ( 30 ) days of service of these requests to make the following admissions for the purpose of this action only and subject to all pertinent objections to admissability which may be interposed at trial: 1 . That, the Transcripts of City Council Proceedings filedletter with her Complaint and served upon your attgrney by le r e of October 20 , 19'89 are true and accurate recordings of the City Council proceedings of September 11, 1989 , September 25, 1989 , and October 10 , 1989 relevant to the issues in this litigation . t . 411 2 . That, the video recordings maintained by the Central St . Croix Valley Community Access Corporation are true and accurate recordings of City Council proceedings . 3 . That, the document attached to plaintiff ' s Verified Complaint as Exhibit C-4 is a genuine copy of the proposed Resolution considered by the City Council of the City of Oak Park Heights at its meeting of September 25 , 1989 . 4 . That, the document attached to plaintiff ' s Verified as Exhibit C--3 is agenuine copyof the Agenda for the Complaint 9 City Council for the City of Oak Park Heights of its meeting of September 25 , 1989 . 5 . That, the document attached to plaintiff ' s Verified Complaint as Exhibit C-2 is a genuine copy of the Agenda of the City Council of the City of Oak Park Heights for its meeting of October 10 , 1989 . Dated : 1% "' SOUTHERN MINNESOTA REGIONAL EGAL SERVIc S, INC. JAMES,IA. LEE, JR . Attorney for Plaitpiff) 300 Minnesota Building 46 East Fourth Street St. Paul, Minnesota 55101 ( 612 ) 222-58(3 Attorney I.D: No. 129276 0 LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439.2876 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G. BRIGGS PAUL A.WOLFF MARK J.VIERLING VICKI L.GIFFORD GREGORY G.GALLER P\1 /1/47 February 12 , 199a Frank Sommerfeldt, Mayor City of Oak Park Heights 14168 - 57th Street North Oak Park Heights, MN 55082 RE: Carol A. Wagner v. City of Oak Park Heights and The Metropolitan Housing and Redevelopment Authority District Court File No. C2-89-5255 Appellate Court File No. CX-90-38 Dear Mayor Sommerfeldt: Enclosed herewith please find a copy of the letter and discovery requests that I have received from Attorney James A. Lee, Jr . , as follows: 1 . Plaintiff ' s Interrogatories and Requests for Production of Documents Directed to Defendant City of Oak Park Heights, Set I ; and 2 . Plaintiff ' s Requests for Admission from Defendant City of Oak Park Heights - Set I . Would you kindly take the time to read through the Interrogatories and prepare your answers (on a separate sheet of paper ) to each of the questions put forth within that document . Please give as complete an answer as is possible to each question and its subparts. In addition to your answers , I am requesting that you provide me with the documents requested in the Request for Production of Documents . When I receive your answers and documents, I will forward our typed responses back to you for your review and signature. If you have any questions regarding the above, please don' t hesitate to give me a call. Thank you. Very truly yours, 1s/ Mark 1. V eriin Mark J . Vierling MJV: kp Enclosures cc: LaVonne Wilso.Administrator/Treasurer • • LAW OFFICES OF SOUTHERN MINNESOTA REGIONAL LEGAL SERVICES, INC. 300 MINNESOTA BUILDING FOURTH AND CEDAR STREETS ST. PAUL, MINNESOTA 55101 (612) 222-5863 BRUCE A.BENEKE LAW WORK MANAGER EXECUTIVE DIRECTOR MARTHA A.EAVES 1'ATRICIA ANN MUMMER ATTORNEYS I'RO BONO COORDINATOR BEVERLY J.ANDERSON PARALEGALS SUSAN M.COCHRANE KAREN F.ELLINGSON YVI:TTE M.ANDRADE February 9 , 1990 GERALD G.KALUZNY KATHLEEN M.EVESLAGE JAMES LAURENCE MARY OVERTON - ROYCE LAWSON .IOANN PRATT JAMES A.LEE,JR. SAI VANO KATHLEEN A.MCDONOUGH NIA/IN WILLIAMS /J`�' LAURA MELNICK • Co �.! r\e JOHN R.NICHLAND SON JOHN PENLAND :OMAS G.SQUIRE 131WEN A WERNER Mr. Mark J. Vierling JANET WERNESS Eckberg, Lammers , Briggs, STEVEN WOLFE Wolff & Vierling 1835 Northwestern Ave. Stillwater, MN 55082 RE: Wagner v. City of Oak Park Heights, et al. Dear Mr. Vierling: g Enclosed and herewith served upon you by U.S . Mail please find plaintiff' s (1) Plaintiff' s Interrogatories and Requests for Production of Documents Directed to Defendant City of Oak Park Heights - Set I, and ( 2 ) Plaintiff' s Requests for Admission from Defendant City of Oak Park Heights - Set I. ery truly • us, r, -Q Jams A. Lee, Attorney at La , mk Enc . 111 411 r 'w' a -- '-- 1.ar - - aro agner: Caiend'ar of Events • The Oak Park Heights Bittle won b� ' over? r City Council meets today at j 7:30 at city hall. By CHART EATON -•. 1 •The Lower St. Croix Val- Gazette Correspondent leyJoint Cable Communica- '�„ More than two months after _ tions Commission meets today winning a battle with city hall to ' at 7:30 at the Lake St. Croix remain in her Oak Park Heights Beach City Hall. twinhome, 40-year-old Carol • Alcoholics Anonymous Wagner said what she wants VI* 4r-tti74'. i meets today at 8 at People's most is for her and her chil- Congregational Church in Bay- dren's lives to return to normal. i T"" port. Wagner is the recipient of a , • The Washington County federally funded housing .` ' Board of Commissioners will program known as Section 8. °', ,,. - .' z meet Tuesday at 9 am, at the After her request to use the ` -.. . ' government center. , •The Lake St. Croix Beach funding in Oak Park Heights -- Park Commission will meet was tabled by that city's council, ', /,,, Wagner went to court to over- -,.11 Tuesday at 7 p.m.at city hall.` turn a Metropolitan Council rule _ ; , ; ,m"^":.� The Comunity Access that gave cities the power to Corporation Board will meet make decisions on such re- SO Tuesday at 7 p.m. at the Com- quests. Shortly after she was =unity Access Center in Still- .. .w water. granted an injunction on Dec. 1, ` - •In Stillwater High School• 1989, the Met Council issued aAir - - sports Tuesday, the hockey statement rescinding that rule. "Safe far now is how Wa �: � �` - "` `ry team is at Coon Rapids (Cook g- , Arena, 7:30), the boys' basket-. ser said she feels.She still faces : ball. team is host to Roseville;.. the possibility of losing her home if the Ci of Oak Par (7:45) and the girls basketball* City .s team is at Roseville(7:45). ,,. Heights wins its effort to appeal the decision. However her actor- • A Fried cornsnacks: ney, Jim Lee, of Southern MM- 'nesota Legal Services, said lastWagner ,.: ar r ° a ,,,,,Thursday the cityCarol W ,�" Y may not have • �, Fried corn .snacks popular.z a legal right to such an appeal. her oldest son, now a Bemidji among children and teens may. Oak Park Heights Mayor «!'m not abatis the State University student, earned soon be nutritious options for: Frank Sommerfeldt said last 9 a higher grade point average between meal munching,reports` Thursday the city council was system, and I'll put than his mom did. N.G. Almeida-Dominquez and; unhappy with the Met Council Wagner is a petite, gracious colleagues in the Journal of decision. back into the woman whose home is clean, Food Science. "The Met council made community what I took comfortable and tastefully deco- Food technologists found that (Section 8)an elective thing and soybeans or chickpeas added to ` then they turned around in mid- Outs" rated. She said she resents the flour for the. snacks provided ` stream and left us holding the stigmatism that she and her boys two times more protein than bag," he said. "We feel as Carol Wagner live under as both welfare and corn flour alone,the study said:: though we've been stepped on." Section 8 recipients. Taste panels found the odor,fla- Wagner, the mother of three "I'm not abusing the system, vor and texture of the "new" and a full-time student at normal weekend,"she said. and I ll put back into the com- munity:om snack as acceptable as its Lakewood Community College, She added that her grades at swhat I took out," she original counterpart, said she's dreaming of the day Lakewood, where she is work- prior adding that her number and Manufacturers need not be- when her family's lives ing towards a degree in human priority is to finish self-supporting.school and ware because the more nutritious: resemble that of other families. services, have suffered as well. become :orn snacks may cost the same "I want to pack a picnic and Although she studies for two to Despite these goals, Wagner said that somemembersof the 'xless than corn snacks we find take my sons fishing and do three hours each night, Wagner m grocer's shelves today, the; things that other families do on a said she was embarrassed when (See Wagner,page 10) eport said 3isaster program open,, 1 i n St. Croix County ; D c Fat s Off yam,4';s�L "';fie St. Croix County farmers vho have not applied for assis lance on their 1989 disaster-a& 1 ected crops still have until April p romotion shelved j !to file. applications on crop 1 noduction losses caused by By BARB MEYER � trought, excessive moisture and Staff Writer tther perils: according to Rich- As Dian Mack can testify,"The best made plans often go awry." ird A. 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U a,'..+ C'0,,,:-2yy L pQ v•_e�' [ 1 ) R 'C.0 p O y Z aV) 0 = t_ r Cl.- 'y 7 co M.O .C.) p g- .O - .'U-'' eD R . "§ ea a> WW c gv�;o c p as�j e , o .. CO0 2> a> 2 5 2- = a> 0 >, O op 3 c E a1 a E� ea >,.�`" _ -+ .�•. ., .a ° .. a a- 9. 0 0 s o c e°,$ E. ea = E y eca E a> 3 •>�., a. M E E t�b 'o $ ae> .- 8 ��a6b85 == 8---°- 20t °°-8 c 8 E 5 E -0.; o afv 6 y,= a� 3,o § g "7.r, ed 0 ,oI. ,0 '.o.a 013 0 'i (n^ �. eo? eo y,o t 0. c a->, ^s ° ;.S cc'y � y • .� �0 a �p _p -�� a> `° `' (// °c' AOpc.cy•CSs� �bO•. :E °>R1� y •C a.0 '�_ p�$ d C 0.= . :n 10 0 C C 8 O ° bD•5 m 2 ^^♦♦ o • 'C y d C„ C O.!e 0 c,' d `� .. a 6 .,0 � - �.e 8" 5 E � + ^, m -=,50 ..9 8 W ;.. '$ y�s d y a 3 0.x•0:- °�, ° E � o o .o 3en ,..,:m; a=> ,0 � a w °o a D 75 U "0a"tbbE (/) � a> 0C•E .e °> we`� :: • E, ' ) -1.0 f /I • • JAMES P,LARKIN DAVID J.PEAT ROBERT L.HOFFMAN LARKIN, HOFFMAN, DALY & LINDGREN, LTD. MICHAEL T.McKIM JACK F.DALY CHARLES R.WEAVER D,KENNETH LINDGREN WENDELL R.ANDERSON ATTORNEYS AT LAW HERMAN GT ALLE VINCENT G.ELLA GERALD H.FRIEDELL ANDREW J,MITCHELL ALLAN E.MULLIGAN JOHN A.COTTER ROBERT J.HENNESSEY BEATRICE A.ROTHWEILER JAMES C.ERICKSON 1500 NORTHWESTERN FINANCIAL CENTER 2000 PIPER JAFFRAY TOWER PAUL B.PLUNKETT EDWARD J.DRISCOLL ALAN L.KILDOW JAMES P.MILEY 7900 XERXES AVENUE SOUTH 222 SOUTH NINTH STREET KATHLEEN M.PICOTTE NEWMAN GENE N.FULLER MICHAEL A.LEBARON DAVID C.SELLE RGRENBLOOMINGTON,MINNESOTA 55431 MINNEAPOLIS,MINNESOTA 55402 FRANCIS E.GIBERSON RICHARD J.KEENAN TRACY R.EICHHORN-HICKS. JOHN O.FU LLM ER TELEPHONE(6121 835-3800 TELEPHONE 16121 338-6610 AMY DARR GRADY ROBERT E.BOYLE CATHERINE BARNETT WILSON. FRANK I.HARVEY JEFFREY C.ANDERSON CHARLES S.MODELL FAX(6121 896-3333 FAX 16121 336-9760 DANIEL L.BOWLES CHRISTOPHER J.DIETZEN TODD M.VLATKOVICH JOHN R.BEATTIE TIMOTHY J.MCMANUS LINDA H.FISHER NORTH SUBURBAN OFFICE GREGORY E.KORSTAD THOMAS P.STO LT MAN LISA A.GRAY STEVEN G.LEVIN GARY A. FORREST D.NOWLIN 8990 SPRINGBROOK DRIVE,SUITE 250 THOMAS H.E WEAVER MICHAEL C.JACKMAN SHANNON K.Mc CAMBRIDGE JOHN E.DIEHL COON RAPIDS,MINNESOTA 55433 MICHAEL S.COHEN JON S.SWIERZEWSKI DENISE M.NORTON THOMAS J.FLYNN TELEPHONE 1612)786-7117 GARY A.VAN CLEVE JAMES P.QUINN MICHAEL B.BRAMAN TODD I.FREEMAN FAX 1612)786-6711 JOSEPH W.DICKER STEPHEN B.SOLOMON JACQUELINE F DIET2 PETER K.BECK GAYLEN L.KNACK JEROME H.KAHNKE RODNEY D.IVES SHERRILL OMAN KURETICH JULIE A.WRASE GERALD L.BECK Reply to Minneapolis CHRISTOPHER J.HARRISTHAL JOHN B.LUNDQUIST SHARON L.BRENNA DAYLE NOLAN• MARIKAY J. LITZAU THOMAS B.HUM PH REV,JR. TIMOTHYONR.N J.KEANERG JON R.NORB ERG M C.GRIFFITH November 17 , THEODORE THEODORE A.MONDALE JOHN J.STEFFENHAGEN DANIEL W.VOSS Mayor Frank Sommerfeldt OF COUNSEL City of Oak Park Heights JOSEPH TIS RICHARD A.I NORDBYE 14166 - 57th Street North IIALSO ADMITTED IN WISCONSIN Box 2007 Stillwater, MN 55082 Re : Carol Wagner v. City of Oak Park Heights, et al. Dear Mayor Sommerfeldt: This letter will confirm our firm's representation of the City of Oak Park Heights in the above-referenced matter at the request of the League of Minnesota Cities Insurance Trust. We are delighted to have the opportunity to work for you and the City and to defend the City in this action. We undertake representation of the City on this matter with the understanding that representation of private clients by members of this firm before the City Council and its various subsidiary bodies on matters unconnected with this project does not constitute a general conflict of interest. Should a situation arise where representation of another client potentially conflicts with our representation of the City, we will contact you immediately and meet with you and the other concerned client to explain the nature of the potential conflict. Should it be impossible to resolve the conflict to the satisfaction of all parties, we may be required to, under the Lawyers Code of Professional Responsibility, withdraw from or refuse representation in connection with the conflicting issue. Please advise me who in the City should be copied and kept informed of developments in the suit. S ' cerely yours , & /-v v Dayle Nolan (Ms. ) YYC:-II)11Y's- 7 / .� cc Doug Gronli (GAB File No. 56542-09912) Robert Weisbrod DWN:EN3s • Name of C Cod /3. LOa nee "US. 11‘'e• CtIf ©c- OctK Pufr e1- 00, ADDENDUM TO NEW MATTER REPORTLZTT „ATT OC 1. Type of action. c�u;,l / ci-iZ/ 'Cor declatutov/ Cet►e 1 anT d dump,a _a_ plu;r,14.c. so cis in I7cll<e usedf Sub ,�►es vu:a � vv ectefally--Sob S► I�� Seg-k-ivN t EYiMilr� boosipy CeiViciccti-e wtO��u1M "SeC4t I s",) wiW i Ore et{y of- 04 Wks 2. Theories of liability, brief description of facts, and likelihood of success. ckev ofi beEevavv,f eit- a • K ftt _ Ife►yti4S, /Il ell? 1+i2-A. b" W ti, C y. NR- Cc3rt ;Nolo at& un{cuf ' ' y` ;nu .t ?fat+-C . e 1-Ve rnrUli,tvvicoA R+1111-5- A4� m,rvn• sk.►}. cH. 34,3.. PI hots be—ti tori-CSeA as c liii'h/e h9 tecezua fe►nlct sol ./ uhdet Sec• S d- Sccutea a een*gt (AI1 n which to resc'ag. btui- hes bees► pitom\-M. TOm USirJu 1e 501 / re:Cosql QC- ccxmc I c4/ o4 ogk 9a Neipk-s to pctivt'6. use c t-k subs;ay w-/ih Fk eat- Pl vlso s.eegs ref 6 wIto'► 4. (61,,c17. NW became fl se oyeMct es f cSosecl Schi d‘'to P1 w/o . �► ckpplcmgl © tk c;k1 oc- Ocl Rife (461M-s- 3. Theories of damages , brief description of facts, and likely outcome. i3 0;- (k4 s cask-; c,. o1& i'or, o F Cu uJ TeKn Fro► nn,i- injwa reec from refostclotitovita He Sec. $ v v as pro ed id; or ;r' al�ernut�e deetar�r� ;tom ,f yinen+ tki.c.e{S rtei-(d )42 4- U.xts\ . c17, cue e ko see., fi a! a.k►I ur o ie I I . Of 6 in otdet \o celk y 6,111e144014-1erN¢n4- USC c34- I- e_ Sec. Y Ploy Paver i`n tie cosy 4. Statute of Limitations, statutory citation, and brief analysis. m;v,v\. sect. c\nckeve( 30 3 — Mai H t2 Acis Scr• aC co�cs,t cF 5t pile c)f- W,KJ I�"' t�►r�, t�,S. �`c�v�s�;��ion A . Sccr 7 ccts1� oc sl-U1e of t11pt1 sec. _ E,crsl vy iko.35v tori pivy fu wt ,RKc. F l2 Pca tt a �sS(7 c 19.03 m ;nv,. Sfc-tk. 3t93014 ScbA. 7 (1(1Kc6)-- FeA, tgey, 3 ? 9/ C5(428 9S9cf rw. S4c& X69. oo( el:. see) . (in ,) .} i-173. 19S' C.ii t) mouN, 514. 411,13,0011, u,SC. ,�� a.sc $/M1,4'') ft a 0•Accct4t3 tvc-Co 2 4. wash. cFY l-4Rt4. \ eect�c7 a �w��Iewteia PRS Sce 8 st,bS►Ciyi eFF ctt-sue. o cl. 3, I / • Fch&gl d- competlsaf r/ duwtayc i Heble �. I�utsouhl- to 114610, sou}. 3'363 o71(so).l.Z S YS Sces pufsocowt- 5g6 34,3.44/ 50)34. Cl 95-$) d- `!a (t, s cfQst) Prepared By: �1-\ /$/y • I CITY OF OAK PARK HEIGHTS 14168 - 57th Street North -Box 2007 OAK PARK HEIGHTS, MINNESOTA 55082 439-4439 November 29 , 1989 Larkin, Hoffman, Daly & Lindgren, LTD. 2000 Piper Jaffray Tower 222 S. Ninth St. Minneapolis, MN 55402 Attention: Ms. Dayle Nolan Dear Ms. Nolan: In response to your letter dated November 17, 1989 relating to Carol Wagner v. City of Oak Park Heights, the following personnel should be kept informed of developments; Eckberg, Lammers, Briggs, Wolff & Vierling (City Atty' s. ) 1835 Northwestern Avenue Stillwater, MN 55082 La Vonne Wilson, Administrator/Treasurer City of Oak Park Heights 14168 N. 57th St. - Box 2007 Oak Park Heights, MN 55082 Thank you in advance for your attention to this matter. Sincerely, CITY OF OAK PARK HEIGHTS La Vonne Wilson Administrator/Treasurer • • North Star Risk Services, Inc. December 18 , 1989 City of Oak Park Heights P. O. Box 2007 Stillwater, MN 55082 Attn: Ms. Lavonne Wilson City Administrator RE: OUR FILE NO. : 101 L 2138 TRUST MEMBER: City of Oak Park Heights CLAIMANT: Carol Wagner Dear Ms. Wilson: On behalf of the League of Minnesota Cities Insurance Trust (LMCIT) , this letter will formally acknowledge receipt of the Summons and Complaint which has been filed in Washington County District Court entitled Carol A. Wagner, Plaintiff, vs. The City of Oak Park Heights; The Metropolitan Housing and Redevelopment Authority; and The Washington County Housing and Redevelopment Authority, Defendants. As you know, I have referred this lawsuit to the law firm of Larkin, Hoffman, Daly & Lindgren, Ltd. , 2000 Piper Jaffray Tower, 222 South 9th Street, Minneapolis, MN 55402, with instructions to file an appearance on your City' s behalf and take the steps necessary to protect your City' s interests. Counselor Dayle Nolan has been assigned this case and is presently handling the defense of this case on behalf of your City. Please be advised that this action has been taken pursuant to your City' s covenant #CMC10235, effective 7/7/89 to 7/7/90, underwritten by the LMCIT which provides Claims Made General Liability and Claims Made Errors or Omissions Liability coverages both with retroactive dates applicable of 7/7/87 . In general terms, this lawsuit is predicated on several counts, all reference to your City' s refusal to permit use of subsidies provided under the Federally Subsidized Section 8 Existing Housing Certificate Program within the City. The plaintiff seeks declaratory and in- junctive relief and damages claiming various unfair discriminatory practices under the terms of the Minnesota Human Rights Act, Minne- sota Statute Chapter 363 and she also claims that the City' s action violates her rights and protections of due process and equal pro- tection afforded by the United States Constitution as well as the Constitution of the State of Minnesota. Please note that the plaintiff is seeking treble damages pursuant to 1401 West 76th Street, Suite 550 • Minneapolis, Minnesota 55423 ■ (612) 861-8600 • FAX (612) 861-8643 • • Ms. Lavonne Wilson December 18 , 1989 Page two NSRS File #101 L 2138 Minnesota Statute 363 .071 , Subdivision 2 (1988) . Accordingly, please be advised that the above stated action on behalf of the LMCIT is being taken pursuant to a reservation of LMCIT' s rights under the above stated covenant. Any investigation, adjustment, or defense of the claim or any action whatsoever by representatives of the LMCIT will not constitute a waiver of any rights the LMCIT might have under the covenant. It is, of course, understood that you do not waive any of your rights under the covenant. I would specifically refer you to Coverage A, General Liability - Bodily Injury and Property Damage (Claims Made Basis) which states, in part, that the LMCIT will pay those sums that the covered party becomes legally obligated to pay as damages because of bodily in- jury or property damage caused by an occurrence. Damages means money damages. Damages does not include any of the following: in part c. Fines or penalties imposed by law. Bodily in- jury means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at anytime. Property damage means: a. Physical injury to tangible property, including all resulting loss of use of that property; or b. Loss of use of tangible property that is not physically injured. Occurrence means: a. For bodily injury or property damage liability (Coverage A) , an accident, including continuous or repeated exposure to substantially the same general harmful condition. I would also refer you to Section 2 . Exclusions which states, in part, this coverage does not apply to: a. Bodily injury or property damage expected or intended from the standpoint of the covered party . . . . Accordingly, with respect to Coverage A, General Liability, it is the LMCIT' s position that the events claimed and relief sought in this litigation do not involve damages because of bodily injury or property damage caused by an occurrence and/or the relief sought would be excluded. Therefore, coverage will not apply under Coverage A, General Liability, with respect to this litigation. I would also refer you to Coverage D, Errors or Omissions Liability (Claims Made Basis) which states, in part, that the LMCIT will pay on behalf of the covered party all sums which the covered party shall become legally obligated to pay as damages on account of any claim first made against the covered party during the coverage period by reason of any negligent act, error, omission, or the violation of any rights, privileges or immunities secured by the Constitution and the laws of the United States of America. Damages means money damages. Damages does not include any of the following: in part c. fines or penalties imposed by law. Occurrence means: . . . c. with respect to errors or omissions injury (Coverage D) , a • Ms. Lavonne Wilson December 18 , 1989 Page three NSRS File #101 L 2138 negligent act, error, omission, or violation of any rights, privi- leges, or immunity secured by the Constitution and the laws of the United States of America or a series of related acts, errors, omissions, or violations of which the series of related acts, errors, omissions, or violations shall be deemed to have occurred when the first act, error, omission, or violation occurred. I would also refer you to Section 2 . Exclusions which states, in part, this coverage does not apply: . . . b. To bodily injury that is excluded under Exclusion 2a of the General Liability coverage part (Coverage A) . Accordingly, under Coverage D, Errors or Omissions Liability, should it be proven that the events claimed and relief sought do not involve damages on account of an occurrence or that damages are excluded, coverage would not apply under Coverage D, Errors or Omissions Lia- bility. Specifically, should the plaintiff be awarded treble damages, it is the LMCIT' s position that treble damages are a fine or penalty imposed by law and accordingly, your City would not be indemnified by LMCIT with respect to treble damages. In addition to the above stated coverage issues which I have cited, there may be other coverage questions that arise as further investi- gation into this matter develops. Accordingly, I reserve the LMCIT' s rights to raise such further exclusions or coverage defenses as may be applicable. The investigation of this claim is being conducted by GAB, Inc. , St. Paul, MN, at the direction of Counselor Nolan. I would urge you to cooperate with GAB adjusters in that regard. I would also ask you to advise your employees and officials to refrain from dis- cussing the subject matter of this litigation with anyone other than representatives of the LMCIT, GAB, Ms. Nolan' s law firm or your City Attorney' s law firm. Ms. Nolan has been assigned this case and will defend this case on all counts with respect to your City. However, in that there are claims presented in this law suit that are not covered, your City, if you so desire, may have your City Attorney, at your own expense, associate in the further handling of this case. Should additional papers be served upon you in conjunction with this lawsuit, please advise us immediately and forward those items to us. Should you have any questions concerning this matter, please feel free to contact me. 411 411 Ms. Lavonne Wilson December 18, 1989 Page four NSRS File #101 L 2138 Sincerely, NORTH STAR RISK SERVICES, INC. With3\JQ Robert A. Weisbrod Assistant Vice President Claims RAW: jc cc: Mr. Lyle J. Eckberg, Esq. 1835 Northwestern Avenue Stillwater, MN 55082 Ms. Dayle Nolan, Esq. Larkin, Hoffman, Daly & Lindgren, Ltd. 2000 Piper Jaffray Tower 222 South 9th Street Minneapolis, MN 55402 Mr. Dean McGowan Forest Lake Insurance Agency P. 0. Box 188 Forest Lake, MN 55025 Mr. Doug Gronli GAB, Inc. P. 0. Box 7007 St. Paul, MN 55107 (GAB File #56542-09912) 1111 Northwest Associated Consultants Inc . A CURBAN P L A N N I N G • D E S I G N • M A R K E T RESEARCH MEMORANDUM TO: Oak Park Heights Mayor and City Council FROM: David Licht DATE: 7 December 1989 RE: Oak Park Heights - Assisted Housing FILE NO: 798 . 02 Our staff has uncovered the attached letter from the Washington County HRA addressed to local housing officials and developers as ' part of the NAHRO organization in their Fall newsletter. The letter we believe presents a distorted picture of Oak Park Heights policy on assisted housing and we believe you should consider the possibility of having the City Attorney draft a response with correct information. Of note, however, is also the indication in the article where the Washington County Housing Authority is apparently proceeding with legislation requiring cities to accept any and all type of assisted housing programs without option. This also may be something you wish to have the City Attorney address . If we can be of assistance to you on any of these matters, please contact us at your convenience. cc : Lyle Eckberg Mark Vierling LaVonne Wilson 4601 Excelsior Blvd.•Suite 410•Minneapolis, MN 55416• (612) 925-9420• Fax 925-2721 1 -\._.....„.. ..--------------0M NAHRO • , Pr.1._� 0 Published by the '.• -of the TNational Association of Fail 1989 NATIONAL NEWS - making HUD's September 29, STATE NEWS 1989 draft guidelines on lead Final HUD Spending paint testing and abatement MHFA Proposes Bill Approved effective April 1, 1990 a set Changes in State Bond pp for FY`90 aside of $1 million in ACC funds Allocation to indemnify PHAs and their and Houseconfereessubcontractors participating in Senate out differences ees the HUD lead paint On October 9, 1989, James J. ironeetwden their respective demonstration, a set-aside of Solem, Commissioner of the b be ween of the HUD $500,000 for continued Minnesota Housing Finance vappropriations bill for fiscal research, but no abatement Agency, sent a letter to year 1990 and agreed to a money Branna K. Lindell, Minnesota final bill on October 17. The - 1 billion to renew 42,167 NAHRO President, outlining its accompanying expiring Section 8 contracts proposed changes to the bill and conference report were - $3 billion for CDBG State allocation system for $93 million for the tax exempt mortgage approved by the full House Secretary's Discretionary revenue bonds. Under MHFA's and the Senate, and have Fund proposal, an additional $25 been signed by the President. _ prohibition of lump-sum million of the State's bonding drawdowns of CDBG monies in The $15 billion In spending FY'90 authority would be allocated approved for HUD is part of a _ to MHFA. The additional $144 million credit limit for $65 billion appropriation bill for authority would be used by NASA, EPA, NSF, VA, and 16 Section 108 loan guarantees MHFA to issue single family other independent agencies. - a "zeroing out" of Section 8 and multi-family bonds for Mod Rehab, except for 2,044 specific local housing activity. homeless SRO units MHFA would request proposals Key features of the HUD provisions include: - an emphasis on traditional from communities throughout and supportive housing over the State and would award a total of 81,604 net homeless shelter funding the bond proceeds to local incremental- assisted housing ` an increase of 900 "staff renewal and redevelopment units years" for HUD central field projects. (Bonds cont. page 4) - full funding of public housing _staff operating subsidies continuation of Rental Rehab a- $2 billion for public housing - $130 nmtilion - a continuation of Section INSIDE page modernization million for drug free 312 Rehab Loan monies with - $50 housing (with another loan repayments President's Corner 2 public $50 millionfor the same - anacross-the-board cut of Committee Reports 2 added In the 1.55% �o of all programs to Memos From Members 3 purpose Tansportation Appropriationsfinance an increased drug For Commissioners S bill) effort, including an additional Letters to the Editor 5 repeal of the $50 million for drug free public Coordinator's Report 6 -lease/grievance language housing Conference Pictures 7 (Sec. 404) of the Supplemental Reprinted with permission from the NAI-110 appropriation for FY'89 LEGSLATIUE UPDATE Legislative Committee County Housing and The Washigton County HRA Bruce Nordquist Redevelopment Authority, 3 Board of Commissioners has Broadway Avenue, St. PM directed staff to begin The Legislative Committee has Park, MN 55071, or you can working on legislation that been busy preparing an call me at my home number would prohibit cities from agenda for the upcoming which is (612) . 771,8841. rejecting a program as basic legislative session. As in past as the Section 8 Existing years, the Committee will be Program. Cities that refuse very involved in housing and this program would face the community development potential loss of local issues at the State level. The LETTERS TO THE government aid. However, it is Committee will also address EDITOR our feeling that this should not federal legislative issues and be Just a Washington County will prepare information for the issue. There are communities Minnesota congressional Editor's Note: The MN throughout the State that do delegation in Washington, D.C., NAHRO REPORT welcomes not provide basic housing to be distributed at the letters concerning NAHRO opportunities for low income National NAHRO Legislative and/or housing and households. We feel that it is Conference, March 19-21, community development definitely an appropriate issue 1990. Look for a conference issues. We will attempt to for Minnesota NAHRO. A city's session on legislative issues at print all letters received, denial of basic housing the Mid-Winter Conference in however, we reserve the opportunities should not be Austin. right to edit any material tolerated by we in the housing submitted. field. in the case of Oak Par Heights, they have denied two Commissioners Committee battered spouses housing M. Neal Erdahl Section 8 Existin$' opportunities ortunities in communities Problems in Oak Park where their children are now Ili As the new Vice President for attending school, basically Commissioners, it is my Heights forcing these people to privilege to extend an relocate. invitation to all HRA This letter is pursuant to commissioners in the state of problems that the Washington Washington County HRA Minnesota to become active County HRA is having with Oak members In our organization. Park Heights regarding the use The upcoming year promises of the Section 8 Existing to be an excellent opportunity Program in their community. for us to establish a You may be aware of the NAHRO GETS NEW HOME meaningful and appropriate recent actions by the City in presence within Minnesota denying an abused woman The new MN NAHRO office is NAHRO. with children from utilizing her located at: There are two principal Section 8 certificate In the City. MN NAHRO reasons why 1990 provides Broadway 321 Avenue us with such an opportunity. In the City's refusal to act, it is St. Paul Park, MN 55071 First, our organization now has evident that they are a full-time professional discriminating against this Telephone (612) 458-9079 Coordinator to assist us in individual based on her Fax (612) 458-1696 accomplishing whatever goals economic situation. Legal Aid we establish. Second, with of Minnesota has filed suit your enthusiastic commitment, against the City regarding i am willing to spend the violation of the Minnesota requisite time and energy in General Assistance Act. Judge MID-WINTER order to obtain the same ends. Kenneth Maas heard this suit CONFERENCE Before the end of the year all on October 31, 1989. After HRA commissioners will hearing arguments from James receive a letter from me Lee of Southern Minnesota The NAHRO Mid-Winter explaining my goals for the Regional Legal Services on Conference will be held organization and the timeline I behalf of Carol Wagner, the January 24-26, 1990, at the think Is necessary for their Section 8 certificate hoidee, Holiday Inn in Austin, MN. accomplishment. in the interim, Mark Vierling on behalf of Oak Included In the conference I would encourage all of you Park Heights David Theisen on program are sessions dealing who share my Interests to let behalf of Iv(eiro Council HRA with new programs through me know of your ideas, and David Graven on behalf of MHFA and TED, a Legislative questions, concerns and the Washington County HRA, Update, Lead Paint and willingness to participate. You Judge Maas took the case Asbestos Removal, Mortgage can send any communications under advisement. We expect Pre-Payments, Section 8 and to me at the Washington his decision prior to Dec. 1st . much more. Plan to attend! f • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER. MINNESOTA 55082 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G. BRIGGS PAUL A.WOLFF MARK J.VIERLING VICKI L.GIFFORD GREGORY G.GALLER December 1 , 1989 The Honorable Mayor and City Council City of Oak Park Heights Re: Carol A. Wagner v. City of Oak Park Heights, et al Gentlemen and Madam: Enclosed find a copy of the Findings of Fact and Order we received this afternoon in regard to the above matter . Please read the same carefully and take note that the judge made no order against the City. If you have any questions , feel free t-contact us. Yours ve trl `-- (' ark J . Vierling MJV:ks Enc . c: Frank Sommerfeldt Jack Doerr Barbara O'Neal Dick Seggelke Dean Kern ,La Vonne Wilson i 411 STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Carol A. Wagner, FINDINGS OF FACT AND Plaintiff, ORDER vs. File No. C2-89-5255 The City of Oak Park Heights, a municipal corporation, and the Metropolitan Council Housing and Redevelopment Authority, a body corporate and politic, and the Washington County Housing and Redevelopment Authority, a body corporate and politic, Defendants. The above-entitled matter came on for hearing before the undersigned on October 31, 1989, at the Washington County Govern- ment Center, Stillwater, Minnesota, upon Plaintiff ' s Motion for a temporary injunction against Defendants . James A. Lee, Esq. , appeared on behalf of Plaintiff. David D. Theisen, Esq. , appeared on behalf of the Metropolitan Council HRA. Mark Vierling, Esq. , and Lyle Eckberg, Esq. , appeared on behalf of the City of Oak Park Heights. David L. Graven, Esq. , appeared on behalf of the Washington County HRA. Based upon all of the files, records, memoranda, arguments of counsel, and the proceedings herein, the Court makes the follow- ing: FINDINGS OF FACT 1. That the Metropolitan Housing and Redevelopment Authority and the Washington County Housing and Redevelopment Authority { 111 administer the Section 8 Existing Housing Program in Washington County. The Washington County HRA has a contract with the Metro Council HRA to administer the Section 8 Existing Housing Program in Washington County. 2 . That the Section 8 Existing Housing Program is a federally-subsidized program of monthly rental assistance benefitting low income families if they meet certain eligibility criteria. 3 . That in the Section 8 Existing Housing Program, the assistance monies are paid directly to the owner of the rental unit. The payment is made on behalf of the Section 8 certificate holder. The assistance is paid only after it has been determined that the rental amount for the rental unit is within the fair market rental limits. Then, the owner of the rental unit enters into a contract with the Metro HRA. The unit must then continue to comply with federal housing quality standards. 4 . That in this case, the Metro HRA had determined that Plaintiff was eligible for Section 8 assistance and issued Plain- tiff a Section 8 certificate. Plaintiff received the Section 8 Housing Certificate of Family Participation from the Washington County HRA on October 3, 1989 . 5 . That the Metropolitan Council is of the opinion that there must be approval from local government units in which the subsidy benefit is to be used before the Metro HRA and Washington County HRA will certify or implement a Section 8 benefit on behalf of a qualifying tenant. 6. That Plaintiff has been a resident, along with her family of two sons, of the City of Oak Park Heights, Minnesota, since -2- 411 • October 1 , 1989 . Plaintiff wishes to use the benefit of the Section 8 program for the rental dwelling in which she now resides . Plaintiff ' s present landlord is ready, willing, and able to enter into Section 8 tenancy with Plaintiff . Plaintiff is a person otherwise entitled to receive and benefit from the program. 7 . That the Washington County HRA and Metro HRA informed Plaintiff that they would not be able to authorize a Section 8 payment since Oak Park Heights has not approved the use of Section 8 assistance. 8 . That Defendant City of Oak Park Heights considered approval of the Section 8 program on September 11, September 25, and October 10, 1989 . However, Defendant City did not approve use of the program. 9 . That Plaintiff asserts that the Metro HRA and the Washing- ton County HRA are not required to seek the approval of the City prior to implementing use of her subsidy. 10. That Plaintiff requests that the Court grant her Motion for temporary injunction to enjoin the City of Oak Park Heights "from continuing to refuse to approve the use of the Section 8 Existing Housing Program within the City. " 11. That Plaintiff also requests that the Court grant her Motion for temporary injunction to enjoin the Washington County HRA and the Metro HRA "from refusing to certify and implement use of the Section 8 Program without approval by the City of Oak Park Heights. " 12. That Plaintiff is of extremely limited means and income. Rent for her current residence is $485 . 00 per month, plus utili- -3- 4 ties. She currently has a combined household income of approxi- mately $700 .00 per month with which to support herself and two minor sons. Plaintiff is obligated to make payment of rent to her landlord on or about November 1 , 1989 , and the first day of each month succeeding thereafter. 13 . That Plaintiff is now financially unable to move her household from the City of Oak Park Heights. Her family' s house- hold has recently been disrupted due to domestic abuse and the necessity which she found to move from her previous residence. Plaintiff experienced great difficulty in locating and securing suitable and decent housing within the past few months . That this Court finds that Plaintiff will suffer irreparable harm if an injunction does not issue. 14 . That Defendant City incurs no financial or other obliga- tion regarding the Section 8 Program by approving use of benefits of the program within the City. 15 . That Defendant City is unlikely to suffer any costs or expenses by reason of a temporary injunction in this case. Therefore, the Court finds security from Plaintiff to be unneces- sary at this time. 16 . That Plaintiff claims that the City' s refusal to approve the implementation as well as Metro HRA' s and Washington County HRA' s failure to distribute the payments without the City' s approval constitutes a violation of the Minnesota Human Rights Act. 17 . That after a limited review, it appears that Plaintif would likely be successful on the merits. However , all parties -4- • • S have raised questions of an extremely serious and difficult nature which, as suggested by the Eighth Circuit Court of Appeals in Data Phase Systems , Inc. v. C. C. Systems, Inc. , 640 F. 2d 109 (8th Cir. 1981 ) , requires more deliberate investigation. 18 . That this Court finds that public policy consideration tends to favor a temporary injunction. 19 . That a temporary injunction will not impose excessive adminstrative burdens on the Court. Based upon the foregoing, the Court makes the following: ORDER 1. That Plaintiff ' s Motion for a temporary injunction to enjoin Washington County and the Metropolitan HRAs from refusing to certify and use the Section 8 Existing Housing Program without approval by the City of Oak Park Heights is GRANTED. 2 . That Plaintiff need not post security in support of this temporary injunction. 3 . That the Washington County Court Administrator shall serve a true and correct copy of this Order by U. S. mail upon counsel for the above-named parties which shall constitute due and proper service of this Order for all purposes . The attached Memorandum is incorporate. -in by reference. i Dated , enRvA IDIEY I, 11�9 > L4fao K- nneth J. faas J dge of District Court Re# ` - 5---- .5;5- F '; f WASHINGTON Cr''' ;' DISTR'CT C: a L. DEC i 1989 w 14 nCC,.. r, C l Deputy -5- S • MEMORANDUM Re: Wagner v. City of Oak Park Heights, et al. Court File No. C2-89-5255 This matter came before the Court pursuant to Plaintiff ' s Motion for a temporary injunction. Specifically, Plaintiff ' s Motion is for a preliminary injunction to enjoin the City of Oak Park Heights from continuing to refuse to approve the use of the Section 8 Existing Housing Program within the city. Plain- tiff also seeks in the alternative that the Court grant a Motion for a temporary injunction to enjoin the Washington County HRA and the Metro HRA from refusing to certify and implement use of the Section 8 Program without approval by the City of Oak Park Heights. The legal basis for the Court ' s decision will be outlined hereinafter. According to Miller v. Foley, 317 N.W. 2d 710 (1982 ) , A temporary injunction is an extraordinary equitable remedy. Its purpose is to preserve the status quo until adjudication of the case on its merits . Further, because the temporary injunction is granted prior to a complete trial on the merits, it should be granted only when it is clear that the right of a party will be irreparably injured before a trial on the merits is held. It should be noted, however, that rulings on motions for temporary injunctions are largely a matter of judicial discretion. M.G.M. Liquor Warehouse Intern v. Foisland, 371 N.W. 2d 75, 77 (Minn. App. 1985 ) . Yet, a temporary injunction will be issued by the Court if a consideration of the following factors are shown to warrant granting the motion: 1. the relationship between the parties before the dispute arose; 411 411 • 2. the harm plaintiff may suffer if the injunction is denied, compared to the harm inflicted on defendant if the injunc- tion is granted; 3. the likelihood that the party will prevail on the merits; 4 . public policy considerations; and 5. administrative burdens imposed on the court if injunction issues. Dahlberg Brothers , Inc. v. Ford Motor Co. , 272 Minn. 264 , 274-75 , 137 N.W. 2d 314 , 321-22 ( 1965 ) . The Eighth Circuit Court in Data Phase Systems, Inc. v. C. L. Systems, Inc. , 640 F. 2d 109 ( 8th Cir. 1981 ) has provided guidance for analyzing the above factors . In the Data Phase case, the court refused to require a rigid application of the test. The Data Phase court held: The very nature of the inquiry on petition for preliminary relief militates against a wooden application of the probability test. At base, the question is whether the balance of equities so favors the movant that justice requires the court to intervene to preserve the status quo until the merits are determined. The equitable nature of the proceeding mandates that the court ' s approach be flexible enough to encompass the particular circumstances of each case. Thus, an effort to apply the probability language to all cases with mathe- matical precision is misplaced. In balancing the equities no single factor is determinative. The likelihood that plain- tiff ultimately will prevail is meaningless in isolation. In every case, it must be examined in the context of the relative in- juries to the parties and the public. If the chance of irreparable injury to the movant should relief be denied is outweighed by the likely injury to other parties litigant should the injunction be granted, the moving party faces a heavy burden of demonstrating that he (she) is likely to prevail on the merits. Conversely, where the movant has raised a substantial question and the equities are otherwise strongly in his (her) favor, -2- • S • the showing of success on the merits can be less. It follows that the court ordinarily is not required at an early stage to draw the fine line between a mathematical probability and a substantial possibility of success. This endeavor may, of course, be necessary in some circumstances when the balance of equities may come to require a more careful evaluation of the merits. But, where the balance of other factors top decidedly toward movant, a preliminary injunction may issue if movant has raised questions so serious and difficult as to call for more deliberate investigation. Id. , at 113. The above analysis will be considered when examining the traditional temporary injunction test. A. Relationship Between the Parties. The relationship in this case involves a citizen' s attempt to use government assistance. Specifically, Plaintiff applied for federal Section 8 housing assistance. The Metro HRA reviewed Plaintiff ' s eligibility and determined that she should be issued a Section 8 certificate. The Metro HRA has followed the policy that before implementing the certificate, approval of local governments must be obtained. The Metro HRA's policy is based upon its interpretation of state law. The City of Oak Park Heights , where Plaintiff seeks to use her Section 8 certificate, has refused to approve its use. The City would inherit no administrative burdens by approval of the Section 8 housing program. The Washington County HRA' s relationship to this case is that it has a contract with the Metro HRA to administrer the Section 8 Existing Program in Washington County. -3- 411 B. Comparative Harm. • The Metro HRA argues that granting Plaintiff ' s injunction would "upset the statutory scheme governing regional-local rela- tionships in the metropolitan area. " It is also argued that an injunction would preempt the exercise of local control . On the other hand, the Metro HRA claims that Plaintiff would be harmed relatively little since she would be able to use her certificate in another community. However, it is difficult to find that the City would be harmed by an injunction since the Section 8 housing program exists without the financial or operational investment of the City. The City need not approve any new buildings. Instead, the program exists in the current housing market. If the injunction is not granted, Plaintiff would be evicted from her apartment for nonpayment of rent. In the alternative, Plaintiff would be forced to pay rent and then forego her family's other subsistence needs. If an injunction were to be denied, Plaintiff ' s family would be forced to uproot to a new school system. Plaintiff also fears losing her Section certificate if the injunction is denied. This Court finds that with respect to the relative harm factor of the test, the scale tips decidedly in favor of Plaintiff . C. Likelihood of Success on the Merits. It is Plaintiff ' s contention that the Metero HRA discriminates against her in violation of the Minnesota Human Rights Act because the Metro HRA requires the approval of local units of government prior to implementation of Section 8 assistance . In opposition the Metro HRA argues that applicable law requires such action, -4- 111 and therefore, discrimination is not contemplated within the meaning of the Minnesota Human Rights Act. It should be noted that Minnesota case law has instructed courts to construe the provisions of the Minnesota Human Rights Act liberally. Continental Can Company v. Minnesota, 297 N.W. 2d 241 (Minn. 1980 ) ; City of Minneapolis v. Richardson, 307 Minn. 80 , 239 N.W. 2d 197 (1976 ) . In City of Minneapolis v. Richardson, 307 Minn. 80, 239 N.W. 2d 197 (1976 ) , the court adopted a standard for determining whether or not there has been unfair discriminatory practices in the area of public service. According to the Richardson court, A finding that an unfair discriminatory prac- tice has occurred may be made when the record establishes 1 ) an adverse difference in treat- ment with respect to public service of one or more persons when compared to the treatment afforded others similarly situated except for the existence of an impermissible factor such as race, color, creed, sex, etc. , or 2 ) treatment so at variance with what would reasonably be anticipated absent discrimination that discrimination is the probable explana- tion. In this case, Plaintiff specifically argues that she has suffered discriminatory treatment as a result of Defendant ' s "denying Plaintiff access to 'or admission to and full utilization of benefits because of Plaintiff ' s status with regard to public assistance. " Minn. Stat. §363. 03, subd. 4 provides : It is an unfair discriminatory practice to discriminate against any person in the access to, admission to, full utilization of or benefit from any public service because of race, color, creed, religion, national origin, disability, sex, or status with regard to public assistance . . . . -5- II/ s Minn. Stat. §363. 01 , subd. 27 defines status with regard to public assistance as "the condition of being a recipient of federal, state, or local assistance, including medical assistance, or being a tenant receiving federal, state, or local subsidies, including rental assistance or rent supplements . " In this case, Plaintiff has received a Certificate of Partici- pation in the Federal Section 8 Housing Assistance Program. According to Minn. Stat. §363 . 01 , subd. 19 , public service means "any public facility, department , agency, board or commission owned, operated, or managed by and on behalf of the State of Minnesota, or any subdivision thereof , including any county, city, town, township, or independent district in the state. The public service involved in this case includes the Metro HRA, Washington County HRA, and the City of Oak Park Heights. In this case, this Court finds that Plaintiff has set forth evidence sufficient to establish a prima facie case for discrimina- tion. That is , Plaintiff has put forth facts showing that the only reason Plaintiff was treated any differently than other residents of the City of Oak Park Heights is based upon her quali- fications for public assistance. As a result of the City' s ac- tions , Plaintiff has been prevented access to and full utilization of benefits offered by a public service. City of Minneapolis v. Richardson, 307 Minn. 80 , 239 N.W. 2d 197 (Minn. 1976 ) . Since the Court finds that Plaintiff is likely to succeed on her claim based upon Minn. Stat. §363 . 03 , subd. 4 , it is unnecessary, at this point, to address Plaintiff ' s other claims . On the other hand, the Metro HRA contends that it is res- tricted from implementing the certificate based upon the City -6- ! ! of Oak Park Heights ' denial of the use of Section 8 housing in its city. Further, the City claims that the Court ' s review of its own decision-making is very limited. This Court understands that its review of municipal decision- making is limited to a determination of whether or not the decision was arbitrary and capricious. However, before this review is reached, this Court must consider whether housing authorities even need to obtain the approval of the local governmental sub- division to implement the Section 8 Existing Housing Program. The Metro HRA argues that local approval is necessary. The Metro HRA bases its opinion on its interpretation of Minn. Stat. §473.195, subd. 1 (1983 ) . Minn. Stat. §473.195 , subd. 1 (1988 ) provides, in pertinent part: . . . The council may plan and propose projects within the boundaries of any municipality, and may otherwise exercise the powers of an authority at any time; provided, however, that the council shall not implement any housing project, housing development project, redevelopment project , or urban renewal project within the boundaries of any municipality or county without the prior approval of the governing body of the municipality of the county in which any such project is to be located. This statute does not define "housing project. " Yet, Chap. 469 , which authorizes the creation of local housing authorities, does. According to Minn. Stat. §469 . 002, subd. 12, project is defined as "a housing project, a housing development project, or a development project of any combination of those projects . " Minn. Stat. §469 . 002, subd. 13 defines "housing project" as "any work or undertaking to provide decent, safe, and sanitary dwellings for persons of low income and their families. " -7- • S • A common sense interpretation of these statutes suggests that "project" refers to the construction of a building to facili- tate low income individuals . Under this interpretation of the statute, it would be prudent for local municipalities to have approval authority. That is , a city is affected by such a new building. However, it is difficult to determine in the case of the Section 8 Existing Housing Program how a municipality is likely to be affected. The city in which a program recipient uses his or her certificate does not inherit any administrative burden. Instead, the exchange takes place between the rental unit owner, the renter, and the administrative agency. After a limited review, it appears that Plaintiff would likely be successful on the merits. However, all parties have raised questions of an extremely serious and difficult nature which, as suggested by the Data Phase case, supra, require more deliberate investigation. D) Public Policy It is argued by Defendant City that Plaintiff ' s request is contrary to public policy because it is contrary to federal and state law. The state law "reflects the cooperative and coordi- nate nature of the council as a regional government whose jurisdic- tion is concurrent with numerous subdivisions in the metropolitan area. " public the other hand, the has an interest in housing its families. According to 42 U.S.C. §1437 (f ) (a ) (1988 ) , the Section 8 Existing Housing Program was established by Congress for the purpose of promoting economically mixed housing and -8- 110 I helping low income families to obtain suitable and decent housing. Further, there is a public interest based upon Minn. Stat. §§363 . 01 and 469 . 01(4 ) (1988 ) in the eradication of discrimination based upon the receipt of public assistance and in housing of low income persons. After considering the factors of the temporary injunction traditional test, this Court finds that the equities are strongly and therefore, justice requires that Plain- tiff ' sin favor of Plaintiff , Motion be granted. A contrary decision would result in Plaintiff suffering irreparable harm. K. .M. -9- • • November 10 , 1989 Oak Park Heights City Council 14168 No. 57th Street Oak Park Heights, Minnesota 55082 Ladies and Gentlemen: I am writing in regards to your city' s rule prohibiting the rental of privately owned property to families with a Section 8 rent certificate . I find it necessary to tell you this story simply for your information. I have had a Section 8 contract for 11 years. I rented a house in Stillwater for 6 years until it was sold and I 've been in the home I am in now for almost 4 years. A Section 8 certificate protects both the landlord as well as the tenant. Their standards are high and this certificate allowed me, as a single parent, to give my children decent housing to grow up in. I am employed as a Deputy Court Administrator for almost 9 years with Washington County. My children attend school in Stillwater . I don't even know anyone in prison. There are many single mom' s like me who wouldn't be able to afford decent housing for their families, on a woman' s salary, without the assistance of this program. It has been a life-saver for me. If you picked up the newspaper and read about all the crummy things that people do to each other, I wonder how many of them receive rent assistance. All of them? 50%? 10%? None of them? Recently, Mr. Judd Orff showed me a rental property right near the courthouse where I work. There are other potential renters interested in this home, however, the property owners know I was interested and were so kind as to let me view it first. It would be perfect for me and my children. There is one hitch, however, it sits in Oak Park Heights - the only city in Minnesota that anticipates it' s ruin if I move there. Ouch. • • Respectfully a 17 7/ :///;: g Cheryl K. Marki 1331 So. 6th Street Stillwater, Minnesota 55082 cc: Mayor Frank Sommerfeldt Jack Doerr Barbara O'Neal Dick Seggelke Dean Kern LaVonne Wilson, Administrator -\ • 411 �\ ' KINGWOOD • MANAGEMENT PROFESSIONAL REAL ESTATE MANAGEMENT (612)439-7812 P.O. Box 2010•Stillwater, Minnesota 55082 October 21 , 1989 Mr. & Mrs. Kenneth K. Noyes 15325 58th Street North Stillwater, Minnesota 55082 Dear Mr. + Mrs. Noyes: I have been asked by the owners of the 4-unit buildings on 58th and 59th Street to respond to your letter of October 17, 1989 regarding your concern for potential Section 8 certificate holders renting apartments in the units. It is not our intention nor has it ever been our intention to turn our project into low income subsidized housing. This is not to say that a renter who is issued a section 8 certificate cannot or will not be allowed to live in one of our units. All of our apartment rentals are offered without regard to race, color, religion, or national origin. All standards for the acceptance and rejection of prospective Tenants are applied on a uniform basis without regard to race, color, religion, or national origin in accordance with Federal and State Fair Housing Guidelines. As you indicated, there have been scattered Tenant problems. The Tenants involved all made sufficient income to qualify for the rental of the units without the assistance of a Section 8 Certificate. They have had sufficient incomes to crowd the parking area with new power boats, cars and trucks. All this income and they were still a problem Tenant. As the problems were identified, they were dealt with, and I think that is the key. It is and has always been our goal to provide a safe, healthy, enjoyable environment for our renters. We try to be good neighbors and do strive to keep the buildings and the area well maintained. We afford each Tenant the right of Quiet Enjoyment. As long as they fulfill the terms of the lease we do not tell them how to live their lives. We have had several Tenants live in buildings we manage that have had Section 8 Housing Certificates and who have not caused any problems. Generaly speaking the program is well managed and the neighbors are not even aware that a Tenant in the rental building is receiving a Section 8 Subsidy. 4 We do have several owners for whom we manage that are not opposed to the program. If the program is implemented in Oak Park Heights we could and would limit the number of certificates accepted within any one project. The cerificate program cannot be compared to a project such as Raymie Johnson Estates. By the By some of the nicest people I know live within the project. One of our owners asked me to communicate that he feels the "concern" that allowing the Section 8 Certificate program into Oak Park Heights will diminish the value ofyour property and the 9 P P Y neighborhood is somewhat reminiscent of the era when people did not want Blacks and other minoritys into the neighborhood because their presence would do the same thing. The problem just didn't happen. Our owners have a substantial investment in the buildings they own in Oak Park Heights. The buildings on the whole are well maintained and we screen our tenants in an effort to prevent problem situations. When we have a problem with a Tenant we deal with it. These efforts will not change whether or not the Section 8 Certificate program is permitted in Oak Park Heights. We will always strive to keep our investments well maintained. Our policys will not change. We will continue our efforts to be good neighbors. The owners of rentalro ert do pay nearly thirty percent of P P Y their rental income in property taxesto helpsupport ort the ability of our local governments to maintain this great community-its parks, streets and services. Even though they pay the taxes(approximately $5500. 00 per 4-unit building in your neighborhood-$1100 for each 2 bedroom apartment) they do not feel in the house they have the right to say who can or cannot live across the street. Just like you they hope their neighbors will continue to maintain their investment in a manner not to diminish the value of everyones investment. Working towards the same goals, Donald D. Bromen Chief Operating Officer cc. City of Oak Park Heights Washington County HRA M.K.L. Trego Limited Partnership Greenbriar Partners • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1635 NORTHWESTERN AVENUE STILLWATER,MINNESOTA 55082 LYLE J. ECKBERG (BIZ)439•2878 JAMES F. LAMMERS FAX(812)439-2923 ROBERT G.BRIGGS PAUL A.WOLFF MARK J.VIERLING VICKI L.GIFFORD GREGORY G.GALLER November 13 , 1989 Mr. James A. Lee, Jr. Attorney at Law Southern Minnesota Regional Legal Services , Inc. 300 Minnesota Building Fourth and Cedar Streets St. Paul, MN 55101 Mr. David D. Theisen Assistant Counsel Metropolitan Council Mears Park Centre 230 East Fifth Street St. Paul, MN 55101 RE: Carol A. Wagner v. City of Oak Park Heights and The Metropolitan Housing and Redevelopment Authority Court File No. C2-89-5255 Gentlemen: Enclosed herewith and served upon each of you by United States mail please find a conformed copy of the Verified Separate Answer of the City of Oak Park Heights, a Municipal Corporation in the above-referenced matter. Very truly yours, 's! Mark J® Vierling Mark J. Vierling MJV: kp Enclosure cc: LaVonne Wilson i • STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Court File No. Carol A. Wagner, Plaintiff, vs. The City of Oak Park Heights, VERIFIED SEPARATE ANSWER OF a municipal corporation, THE CITY OF OAK PARK HEIGHTS, A MUNICIPAL CORPORATION and The Metropolitan Housing and Redevelopment Authority, a body corporate and politic, and the Washington County Housing and Redevelopment Authority, a body corporate and politic, Defendants. COMES NOW the City of Oak Park Heights , a Minnesota statutory city and municipal corporation, duly organized under the laws of the state of Minnesota , who for its Answer to the Complaint of the Plaintiff states and alleges as follows: I . That except as is hereinafter specifically admitted or otherwise qualified , each and every allegation in said Complaint contained is denied. II . With regard to the statements made in Paragraph I entitled Introductory Statements to the Verified Complaint of the Plaintiff, the same is regarded by the Defendant City of Oak Park Heights as a rhetorical statement on behalf of the Plaintiff , . • • however , this Defendant specifically denies that the Plaintiff has been in any form illegally discriminated against by the City of Oak Park Heights. III . As to the allegations contained within Paragraph Nos . 2 and 3 are denied. IV. As to the allegations contained within Paragraph No. 4 of the Plaintiff ' s Complaint , this answering Defendant acknowledges that Carol Wagner currently resides within the City of Oak Park Heights , but denies that she is "entitled" to any benefits under the Section 8 Housing Program. That said Program is not an entitlement program and does not provide the Plaintiff with any cause of action for either a delay or denial of the implementation of that Program within the City of Oak Park Heights. V. With regard to the allegations contained within Plaintiff' s Paragraph No. 5, the same is admitted. VI . That with regard to the allegations contained within Paragraph Nos . 6 , 7 , 8 , 9 , 10 and 11 of the Plaintiff ' s Complaint , this answering Defendant lacks knowledge and information sufficient to form a belief as to the truth of those allegations and thereby denies same , putting the Plaintiff to strict proof thereof. - 2 - • 411 VII . That with regard to the allegations contained within Paragraph No. 12 of the Plaintiff ' s Complaint , this answering Defendant acknowledges that Ms. Lucy Chaves made an appearance before the City Council of the City of Oak Park Heights on September 11 , 1989 . That the true and correct content of her presentation to the City Council is reflected within the City Minutes and the videotape presentations that are maintained by the City of City Council meetings . That to the extent that Plaintiff 's allegations differ fer from the official City Minutes and the videotape presentations of Ms . Chaves ' appearance on September 11, the same are denied. VIII . That with regard to the allegations contained within Paragraph No. 13 of the Plaintiff ' s Complaint , this answering Defendant acknowledges that Ms. Chaves also appeared at the September 25 , 1989 , City Council meeting for the City of Oak Park Heights, however , states that the true and accurate content of her presentation to the City of Oak Park Heights that night is contained within the City Minutes specially maintained by the City Clerk and the videotape presentation as maintained by the City from all City Council meetings . To the extent that the Plaintiff 's allegations differ from that, as is referenced within Paragraph Nos. 13 and 14 of the Plaintiff ' s Complaint , the same is denied . The Defendant City of Oak Park Heights further incorporates by reference the Affidavit of Curtis Gutoske , dated October 27 , 1989 , which has been served upon the Plaintiff and - 3 - 411 filed with the Court in response to the Plaintiff ' s Motion for Temporary Injunction. IX. The contents of Paragraph No . 15 of Plaintiff ' s Complaint are admitted. X. That with regard to the allegations contained within Paragraph No. 16 of the Plaintiff ' s Complaint , the same is incomplete; and the complete, correct and true representation of Council comments at the Council meetings , both in September and October of 1989 , are referenced within the official City Council Minutes and the videotape logs and presentations which are maintained by the City Council of the City of Oak Park Heights for said meetings. To the extent that the Plaintiff ' s Complaint and allegations contained therein are inaccurate or incomplete with regard to same , such allegations based on inaccuracy or incompletion are denied. XI . That with regard to the allegations contained within Paragraph No. 17 of Plaintiff ' s Complaint , this answering Defendant states that the true and correct record of the proceedings of the City Council meeting of October 10 , 1989 , are reflected within the City Council Minutes and the videotape logs and presentations maintained by the City Council. To the extent that the Plaintiff ' s allegations are incomplete or inaccurate based upon those City Council Minutes and videotape logs , the same is denied. - 4 - • • XII . That with regard to the allegations contained within Paragraph No. 18 of Plaintiff ' s Complaint , this answering Defendant incorporates by reference the Memorandum of the Metropolitan Council Housing and Redevelopment Authority of October 27 , 1989 , a copy of which is on file with the Court and has been served upon the Plaintiff in conjunction with the Plaintiff' s Motion for Temporary Injunction. XIII . This answering Defendant denies the contents of Paragraph No. 19 of the Plaintiff 's Complaint. XIV. That with regard to the allegations contained within Paragraph Nos. 20 , 21 and 22 of the Plaintiff 's Complaint , this answering Defendant incorporates by reference the Memorandum in Opposition for the Motion for Temporary Injunction filed by the City of Oak Park Heights and dated October 27 , 1989 , as well as the Memorandum of Law in Response to the Motion for Temporary Injunction filed by the Metropolitan Council HRA on October 27 , 1989 , also in response to the Plaintiff ' s Motion for Temporary Injunction, consequently, Plaintiff ' s allegations are qualified or denied based upon those two documents and the recitation of law contained therein. XV. That with regard to the allegations contained within Paragraph No. 23 of Plaintiff ' s Complaint, the response of this - 5 - 111 411 answering Defendant to the allegations of Paragraphs 1 through 22 are reaffirmed and realleged. XVI . The contents of Paragraph Nos. 24 and 25 of Plaintiff 's Complaint are denied. XVII . The contents of Paragraph No . 26 of Plaintiff ' s Complaint are denied in that they claim that this answering Defendant is engaged in any type of an illegal or unfair discriminatory practice. XVIII . That with regard to the allegations contained within Paragraph No. 27 of the Plaintiff ' s Complaint realleging Paragraph Nos. 1 through 26 , this answering Defendant 's responses to Paragraph Nos. 1 through 26 are reaffirmed and realleged. XIX. That the contents of Paragraph Nos . 28 , 29 and 30 of Plaintiff 's Complaint are denied. XX. That with regard to the Plaintiff ' s allegations contained within Paragraph No. 31 of the Complaint, the previous responses to Paragraph Nos. 1 through 30 by this answering Defendant are reaffirmed and realleged. XXI . The allegations contained within Paragraph Nos . 32 through 34 are denied in that the Section 8 Program is not an entitlement; further , that this answering Defendant specifically - 6 - incorporates by reference the Memorandum of Law submitted both by the City of Oak Park Heights and the Metropolitan HRA in response to the Plaintiff 's Motion for Summary Judgment. XXII . The contents of Plaintiff ' s Paragraph No. 35 of the Complaint reincorporating by reference Paragraph Nos . 1 through 34 are again responded to by this answering Defendant by the reallegation or reaffirmation of the Defendant City of Oak Park Heights ' previous responses to those paragraphs. XXIII . The allegations contained within Paragraph No. 36 of the Plaintiff ' s Complaint are denied. XXIV. That the contents contained within Paragraph No. 37 of the Plaintiff's Complaint realleging Paragraph Nos. 1 through 36 are responded to by this answering Defendant by realleging and reaffirming its previous responses to those referenced paragraphs. XXV. That the Plaintiff ' s allegations contained within Paragraph No. 38 are denied. XXVI . That the contents contained within Paragraph No. 39 of the Plaintiff 's Complaint realleging Paragraph Nos. 1 through 38 are responded to by this answering Defendant by realleging the previous responses to those paragraphs as referenced within this Answer. - 7 - 4 4 XXVII . That the Plaintiff ' s allegations contained with Paragraph Nos . 40 , 41 and 42 of the Complaint are denied . AFFIRMATIVE DEFENSES FIRST DEFENSE XXVIII . That Plaintiff's Complaint fails to state a claim upon which relief can be granted . SECOND DEFENSE XXIX. That the Plaintiff willfully, knowingly and deliberately located her residence within the City of Oak Park Heights knowing , or having cause to know, or should have known that the City of Oak Park Heights did not at that time participate in the Section 8 Housing Program. Consequently, the Plaintiff assumed the risk by so making a voluntary choice that the City of Oak Park Heights would not implement or participate in a Section 8 Housing Program which would benefit her. XXX . That the Section 8 Housing Program referenced within the Plaintiff 's Complaint is not an entitlement, and that there is no federal or state cause of action for the decision or indecision of a city in refusing to implement or authorize the Program within the municipal boundaries of that city. WHEREFORE, this answering Defendant prays for the Judgment of the Court as follows: 8 111 . 1 . Dismissing the Plaintiff ' s Complaint in its entirety. 2 . Awarding to this answering Defendant its reasonable attorney ' s fees , court costs and disbursements against the Plaintiff for the bringing of this action. 3 . For such other and further relief as to the Court is just and equitable. Dated this f day of November , 1989 . ECKBERG, LAMMERS, BRIG WOLFF & VIER /s By "" Ma J . Vierl ng City Attorney for the Cit • Oak Park Heights Attorney I .D. #112823 1835 Northwestern Avenue Stillwater, Minnesota 55082 ( 612) 439-2878 9 - • • ACKNOWLEDGEMENT OF AUTHORIZED CITY OFFICIALS' SIGNATURES STATE OF MINNESOTA ) SS COUNTY OF WASHINGTON) Frank Sommerfeldt and LaVonne Wilson, being first duly sworn, depose and say that they are the Mayor and City Administrator , respectively of the City of Oak Park Heights, in the County of Washington, and the State of Minnesota; they have read the foregoing Answer to the Complaint of Carol Wagner and know the contents thereof and that the same is true of their own knowledge; and that this Answer is made at the direction of and under authority granted by the City Council of the City of Oak Park Heights, Minnesota. JSf Arid, ior (Signature of th- Mayor ) / r 1_(Signature of City Administrator ) Subscribed - d sw• to`•zs , - ee,, this ` d- of v Air Nota , Pu`:S C41 *,4 "N'WAMAAMAMPAAMMA. Rr ACKNOWLEDGMENT pursuant "Minn. Stat. Section 549 .21 , the party or parties represented by the undersigned attorneys acknowledge(s) that costs, disbursements, and reasonable attorney and witness fees may be awarded to the opposing party or parties for actions in bad faith; the assertion of a claim or a defense that is frivolous and that is costly to the other party; the assertion of an unfounded position solely to delay the ordinary course of the proceedings or to harass; or the commission of a fraud upon the Court. Z Dated this 1� day of November , ' 89 . ECKBERG, . MME: , BRI WOLF 'I 'G =Y 41116..,.. � .wwvtY M.' k J. Vierling • City ttorney for the Ci ._._•. Oak Park Heights Attorney I.D. #112823 1835 Northwestern Avenue Stillwater , Minnesota 55082 ( 612) 439-2878 l f) - s • • STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Court File No. Carol A. Wagner, Plaintiff , vs. The City of Oak Park Heights, VERIFIED SEPARATE ANSWER OF a municipal corporation, THE CITY OF OAK PARK HEIGHTS, A MUNICIPAL CORPORATION and The Metropolitan Housing and Redevelopment Authority, a body corporate and politic, and the Washington County Housing and Redevelopment Authority, a body corporate and politic , Defendants. COMES NOW the City of Oak Park Heights , a Minnesota statutory city and municipal corporation , duly organized under the laws of the state of Minnesota , who for its Answer to the Complaint of the Plaintiff states and alleges as follows: I . That except as is hereinafter specifically admitted or P P Y otherwise qualified, each and every allegation in said Com plaint contained is denied. II . With regard to the statements made in Paragraph I entitled Introductory Statements to the Verified Complaint of the Plaintiff, the same is regarded by the Defendant City of Oak Park Heights as a rhetorical statement on behalf of the Plaintiff , ii however , this Defendant specifically denies that the Plaintiff has been in any form illegally discriminated against by the City of Oak Park Heights. III . As to the allegations contained within Paragraph Nos . 2 and 3 are denied. IV. As to the allegations contained within Paragraph No. 4 of the Plaintiff ' s Complaint , this answering Defendant acknowledges that Carol Wagner currently resides within the City of Oak Park Heights , but denies that she is "entitled" to any benefits under the Section 8 Housing Program. That said Program is not an entitlement program and does not provide the Plaintiff with any cause of action for either a delay or denial of the implementation of that Program within the City of Oak Park Heights. V. With regard to the allegations contained within Plaintiff' s Paragraph No . 5 , the same is admitted. VI . That with regard to the allegations contained within Paragraph Nos . 6 , 7 , 8 , 9 , 10 and 11 of the Plaintiff ' s Complaint , this answering Defendant lacks knowledge and information sufficient to form a belief as to the truth of those allegations and thereby denies same , putting the Plaintiff to strict proof thereof. - 2 - • • VII . That with regard to the allegations contained within Paragraph No. 12 of the Plaintiff ' s Complaint , this answering Defendant acknowledges that Ms . Lucy Chaves made an appearance before the City Council of the City of Oak Park Heights on September 11 , 1989 . That the true and correct content of her presentation to the City Council is reflected within the City Minutes and the videotape presentations that are maintained by the City of City Council meetings . That to the extent that Plaintiff ' s allegations differ from the official City Minutes and the videotape presentations of Ms . Chaves ' appearance on September 11 , the same are denied. VIII . That with regard to the allegations contained within Paragraph No. 13 of the Plaintiff ' s Complaint , this answering Defendant acknowledges that Ms. Chaves also appeared at the September 25 , 1989 , City Council meeting for the City of Oak Park Heights, however , states that the true and accurate content of her presentation to the City of Oak Park Heights that night is contained within the City Minutes specially maintained by the City Clerk and the videotape presentation as maintained by the City from all City Council meetings . To the extent that the Plaintiff ' s allegations differ from that, as is referenced within Paragraph Nos . 13 and 14 of the Plaintiff ' s Complaint , the same is denied . The Defendant City of Oak Park Heights further incorporates by reference the Affidavit of Curtis Gutoske , dated October 27 , 1989 , which has been served upon the Plaintiff and - 3 - • • filed with the Court in response to the Plaintiff ' s Motion for Temporary Injunction. IX . The contents of Paragraph No . 15 of Plaintiff ' s Complaint are admitted. X. That with regard to the allegations contained within Paragraph No. 16 of the Plaintiff ' s Complaint , the same is incomplete; and the complete, correct and true representation of Council comments at the Council meetings , both in September and October of 1989 , are referenced within the official City Council Minutes and the videotape logs and presentations which are maintained by the City Council of the City of Oak Park Heights for said meetings. To the extent that the Plaintiff ' s Complaint and allegations contained therein are inaccurate or incomplete with regard to same , such allegations based on inaccuracy or incompletion are denied. XI . That with regard to the allegations contained within Paragraph No. 17 of Plaintiff ' s Complaint , this answering Defendant states that the true and correct record of the proceedings of the City Council meeting of October 10 , 1989 , are reflected within the City Council Minutes and the videotape logs and presentations maintained by the City Council. To the extent that the Plaintiff ' s allegations are incomplete or inaccurate based upon those City Council Minutes and videotape logs , the same is denied. - 4 - • • XII . That with regard to the allegations contained within Paragraph No . 18 of Plaintiff ' s Complaint , this answering Defendant incorporates by reference the Memorandum of the Metropolitan Council Housing and Redevelopment Authority of October 27 , 1989 , a copy of which is on file with the Court and has been served upon the Plaintiff in conjunction with the Plaintiff ' s Motion for Temporary Injunction. XIII . This answering Defendant denies the contents of Paragraph No. 19 of the Plaintiff 's Complaint. XIV. That with regard to the allegations contained within Paragraph Nos. 20 , 21 and 22 of the Plaintiff ' s Complaint , this answering Defendant incorporates by reference the Memorandum in Opposition for the Motion for Temporary Injunction filed by the City of Oak Park Heights and dated October 27 , 1989 , as well as the Memorandum of Law in Response to the Motion for Temporary Injunction filed by the Metropolitan Council HRA on October 27 , 1989 , also in response to the Plaintiff ' s Motion for Temporary Injunction, consequently, Plaintiff ' s allegations are qualified or denied based upon those two documents and the recitation of law contained therein. XV. That with regard to the allegations contained within Paragraph No. 23 of Plaintiff ' s Complaint, the response of this - 5 • 411 answering Defendant to the allegations of Paragraphs 1 through 22 are reaffirmed and realleged. XVI . The contents of Paragraph Nos. 24 and 25 of Plaintiff 's Complaint are denied. XVII . The contents of Paragraph No . 26 of Plaintiff ' s Complaint are denied in that they claim that this answering Defendant is engaged in any type of an illegal or unfair discriminatory practice. XVIII . That with regard to the allegations contained within Paragraph No. 27 of the Plaintiff ' s Complaint realleging Paragraph Nos . 1 through 26 , this answering Defendant 's responses to Paragraph Nos. 1 through 26 are reaffirmed and realleged . XIX . That the contents of Paragraph Nos . 28 , 29 and 30 of Plaintiff ' s Complaint are denied. XX . That with regard to the Plaintiff ' s allegations contained within Paragraph No. 31 of the Complaint, the previous responses to Paragraph Nos . 1 through 30 by this answering Defendant are reaffirmed and realleged. XXI . The allegations contained within Paragraph Nos . 32 through 34 are denied in that the Section 8 Program is not an entitlement; further , that this answering Defendant specifically - 6 - II! 411 incorporates by reference the Memorandum of Law submitted both by the City of Oak Park Heights and the Metropolitan HRA in response to the Plaintiff ' s Motion for Summary Judgment. XXII . The contents of Plaintiff ' s Paragraph No. 35 of the Complaint reincorporating by reference Paragraph Nos . 1 through 34 are again responded to by this answering Defendant by the reallegation or reaffirmation of the Defendant City of Oak Park Heights ' previous responses to those paragraphs. XXIII . The allegations contained within Paragraph No. 36 of the Plaintiff 's Complaint are denied. XXIV. That the contents contained within Paragraph No. 37 of the Plaintiff ' s Complaint realleging Paragraph Nos. 1 through 36 are responded to by this answering Defendant by realleging and reaffirming its previous responses to those referenced paragraphs. XXV. That the Plaintiff ' s allegations contained within Paragraph No. 38 are denied. XXV I . That the contents contained within Paragraph No. 39 of the Plaintiff ' s Complaint realleging Paragraph Nos. 1 through 38 are responded to by this answering Defendant by realleging the previous responses to those paragraphs as referenced within this Answer. - 7 - • XXVII . That the Plaintiff ' s allegations contained with Paragraph Nos . 40 , 41 and 42 of the Complaint are denied. AFFIRMATIVE DEFENSES FIRST DEFENSE XXVIII . That Plaintiff ' s Complaint fails to state a claim upon which relief can be granted . SECOND DEFENSE XXIX . That the Plaintiff willfully, knowingly and deliberately located her residence within the City of Oak Park Heights knowing , or having cause to know, or should have known that the City of Oak Park Heights did not at that time participate in the Section 8 Housing Program. Consequently, the Plaintiff assumed the risk by so making a voluntary choice that the City of Oak Park Heights would not implement or participate in a Section 8 Housing Program which would benefit her. XXX . That the Section 3 Housing Program referenced within the Plaintiff 's Complaint is not an entitlement, and that there is no federal or state cause of action for the decision or indecision of a city in refusing to implement or authorize the Program within the municipal boundaries of that city. WHEREFORE , this answering Defendant prays for the Judgment of the Court as follows: - 8 - i 1 . Dismissing the Plaintiff ' s Complaint in its entirety. 2 . Awarding to this answering Defendant its reasonable attorney ' s fees , court costs and disbursements against the Plaintiff for the bringing of this action. 3 . For such other and further relief as to the Court is just and equitable. Dated this day of November , 1989 . ECKBERG, LAMMERS , BRIGGS WOLFF & VIERLING By Mark J . Vier ling City Attorney for the City of Oak Park Heights Attorney I .D. #112823 1835 Northwestern Avenue Stillwater , Minnesota 55082 ( 612 ) 439-2878 ACKNOWLEDGEMENT OF AUTHORIZED CITY OFFICIALS ' SIGNATURES STATE OF MINNESOTA ) SS COUNTY OF WASHINGTON) Frank Sommerfeldt and LaVonne Wilson, being first duly sworn, depose and say that they are the Mayor and City Administrator , respectively of the City of Oak Park Heights, in the County of Washington, and the State of Minnesota; they have read the foregoing Answer to the Complaint of Carol Wagner and know the contents thereof and that the same is true of their own knowledge; and that this Answer is made at the direction of and under authority granted by the City Council of the City of Oak Park Heights, Minnesota. ( Signature of the Mayor ) g ature of ity Administrator ) Subscribed and sworn to before me this day of _ , 1989 . • . ACKNOWLEDGMENT Pursuant to Minn. Stat. Section 549 .21 , the party or parties represented by the undersigned attorneys acknowledge (s) that costs, disbursements, and reasonable attorney and witness fees may be awarded to the opposing party or parties for actions in bad faith; the assertion of a claim or a defense that is frivolous and that is costly to the other party; the assertion of an unfounded position solely to delay the ordinary course of the proceedings or to harass; or the commission of a fraud upon the Court. Dated this day of November , 1989 . ECKBERG , LAMMERS, BRIGGS WOLFF & VIERLING By Mark J. Vierling City Attorney for the City of Oak Park Heights Attorney I .D . #112823 1835 Northwestern Avenue Stillwater , Minnesota 55082 ( 612) 439-2878 - 10 - • r. lc. \,„ e ", y ° "� ' ,,,) ��.,. ' j � >, ti� rte. I ` t _u,_ 4 �- N __ � a �. : �.,, � " f- a 2 3 , 3 1 ,,, t-.., ,..., , , -.. „.... 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(iiotdfts:ft,71. 1v7 4 -v"-L "Ile L 6u t c 1-162-/ 11 OalPark Heghjlig_.. _ hts suit o _tiple 1aid • V;lawux :- :,: ;; r r Inspector alleging - bias_ . • 'By Jim Broede ' w,-- the cityhas violated the Minnesota `area that alread have approved it. lies III.ilre ,Staff Writer - Humn Rights'Act. ::.,. , ,, Lee replied: `We can't excuse Duluth man was killed in Oak Park Heights city officials `The city is:saying to Wagner;.. the action of'Oak Park Heights of- in Duluth's Central Hill- denied Tuesday in .Washington you can live here, but you cant firials who say;`We're not discrim- i said. County District Court that theydis- use a federal assistance benefit,' . and that's what the Human is mating against you because you filled in the fire, which .•criminate against low-income pen- , can go some other place where e basement of the house. le. Act prohibits, he said. `It's dis. won't i the living room floor P .' . they discriminate.•- agautst.. 8h g Carol Wagner, a financially crimination based on income. yon,,. by the time firefighters .a Vieriing said Ok'Park Heights.. lr,' r-. ` Peed single mother of two, - � �< irshal Dave Mattson. . filed a lawsuit alleging discrimina- does not discriminate against low- =Wagner ' renting a #485 a ` laze was unknown,Matt- tion by the city because it has . incoree people because 121 of the month apartment 'in Oak Park �d to be the cause. • failed to approve a rent 357 rental units in the city are oc- Heights.•Under Section 8,her share subsidy programpprknownafederals Section rent copied by households'with other of the rent would be about$130 to s• types of rental subsidies. r.� -, $140.The government would make on ballot The •snit •is •intended to clear the "That's a high ratio of low and. uP the difference :. . . loin will be held Tuesda wap for Wagner,and other low-in- moderate-income housing, he David Graven, an attorne. re y come people to said. City officials are proud of' y P- t District to pay for con- qty — even it„ i.,;,C n,,_ , resenting the Washington County of on the district's west over the objections of local offl- w Housing and Redevelopment Au- rials -forgovernment rent subsi- - Le, meanwhile,��argued that on Rapids Senior High thority, urged Judge Maas to find . dies of up to 70 per cent. City ap- P�ciPation in the Section 8 pro- in favor of Wagner., :for the addition of 3,000 ''. royal is required,according to the gram is an arrangement.between a • :.a K Metropolitan Council Housing and private tenant and a:private land-•'`_ • "We're cheering for the plaintiff ext three _years to the Redevelopment Authority. : lord and that city officials have no - as a policy matter," Graven said. Judge Ben Maas listened to ar- right to interfere. i7-:#; ,; T , "We feel local approval isn't neces- guments from both sides and took ~ Lee said the interference'from sary for the Section 8 housing pro- LEF -,, the case under advisement. city by PP B - ..�:.�;.. . _._.._.._.. � some officials — o Sz'am.'-'�:;::, . _ ...the Section 8 ro ". is tante-_. - -r ' ,. . - , < r . >'City Attorney Mark Vierling said mount.to denying lova'fireside ' But David Theisen, assistant h0II0red' city officials have not discriminat- access to rental pprn ., counsel for the Metropolitan Cow- . ^ , .ed against anyone and that they they receive welfare-.b uss 4 eal,testified that state law requires re director of Katandin have the right to pick and choose ' ey his agency to obtain local approval es, hasbeen between a variety of rent subsidyfrom a private foundation PP oval ro Vierlin however,said ci before implementing Section 8 pro- �pka Award for Service programs for low and moderate- & ty ' ...y income households. - . dale object only to the Section g, _•= lly by the Citizens Coun "No law requires the city o ap: program and not to the .other' Metro Council officials said they seta the Citizens professor prove the Section 8 program o Vi forms of assistance. :.t.- - :41:','•;`'T;{ are aware of only one other Twin Minnesota and founder p'ovg said."It's optional." He said Wagner has the°opportu- Cities area community Oak torment and Research. But Wagner's attorney,Jimnity to look for.Section.8 rental' Grove Township in Anoka County Lee, •housing in the more than 100 other_ .— refusing to endorse the pro- )norarium. said that in not accepting Section 8, communities in the Twin- Cities' gram. =- •. - • State to D.C. university enrollment at record We director of the Min fist four. • Associated Press cultural diversity is continuing to increase to 7,513 from 7,100 last years,rs resign- ,, , Washington,DC-based For the fifth straight year, fall succeed." < i s fall.Enrollment at Moorhad State .. r '" .enrollment in Minnesota's seven The largest percentage gainnies was up 5 percent, to 9,141 from 650 community based ' state universities has exceeded at Metropolitan State University m 8,723 a year earlier.It marked the ganizations,such as the. .previous records, Chancellor Rob- the Twin Cities,with an increase of first time that enrollment at Moor- aid the:coup ' ert Carothers said Tuesday. percent fall, head has exceeded 9,000. .country. y :14 from last to 6602' Bemidji Project grew from.a'',-.3 ,, ..:-A report from the chancellor 'from. 5,799. Southwest State of State registered a 2 percent in- up to a$2millionannu '< laced systemwide enrollment at Marshall ranked second with an 8 crease, to 5,261 from 5;169 a year iployees and more than ' 64,325, up 4.1 percent from last ,•percent increase, to 2,959 from' ago "— •` r - �'"'F;' �.; , tr '.fall's.level of 61,796. There has 2,748 a year earlier ;; Aco .. • been a 33 percent increase over the St. Cloud State which Continued'. �i�� City position ii` past five years. Minority student as.the largest school in:the system,i •'` :An article in.TuesdayAM edi- ' , , : ; • enrollment,has increased by 14 had the smallest: tew.;ci administratorv. :v percentage m'' tions of the Pioneer Preis Dis ty percent over the fall of 1988 R -� crease,-0.6 t,to 16;534 from Pam r administrator in Rush .r : Carothers the incorrectly stated the amount that start work Dec ll at ung significant in the -lowed closely with oenrollment Di7tWard City Council candidate Dino Guerin has raised in the past w :{" numbers of students transferring :of 16,315,up 3 percent from 15,826. two months for his campaign. The i out a chief administra • into state universities. He°said the last fall.: '; - • A;' amount he has raised since Sept 2 .Joseph. Chlebeck was system's"renewed commitment to Winona State showed a6. hlebeck worked in the anpercent is>j4,712 "j anted"full-time cierk in _ �.. M Z 65 1111) ris./ ft i. r' if °Ii ig• "0.4*I ,g•I'lll., p:0 p. .:.,- r3-,i,,a, ,..;,-, P. so g ois•v glratli.i 1 I .Elitg . '"6.11 . • .&• 1 0 0 trtfl .k. . oc,. • . Ilisz...:1.1.-: ' ;1.1 Mz , ql 1.[I ER = ci 0 _ ...... .?.. . , , , , _ t • rg ga•Ert .1- gji v 1.. .6 -- .rFj1liillLJrb�• z R 1 0 i 6 st . .tly 0 Hill'.' et Ro..; , R.Icti.... ilw Pr' '.4 lid' ..n.5►•� fl. = 0, coy � �� ii tif • � ', e ? ga �m es lea . § z•0a y nih g ,. z t '.iiff < — — 0 m a . . � , au I g� Pi.4 e.5•.g `-1 = ..'.'' ' co- •IA*&• At4.4": ii it Er E ! g W . • El " gl 0 fflJuuI ,... ''R. ,1110 ''''. S i .0, '. MIMI" i 3 11 r a<no a 1 ,..,, - ,,,,,,i1v,.., ,,,,,,,,„44, .,,. „to. .,„... .....i ,- , 14 „. .11 rig 0 . 500a. p., 0.5 ... fo Cy,, �[ • '. 'g. ,. "�K1,j,f�pt y WJE' Oga -9.E.g. ) - t ,i luo :: A .* : ' Q'■1 •. Acr ea ' A V m11/ Cel>a • 1• , f - 1 1 S A-tJt--/-J AGENDA /o 7 CITY OF OAK PARK HEIGHTS MONDAY, OCTOBER 23, 1989 -- 7 : 00 V ' -5 I . Call to Order II . Public Hearings Condon - CUP Conoco -- CUP III . Visitors IV. Old Business Swager Bros . - PUD Amendment V. Departmental Reports Seggelke - Parks Kern - Administration O'Neal - Streets Doerr - Utilities Sommerfeldt - Police VI'. New Business Stillwater - Goodwill Agreement VII . Correspondence Presented Gazette Washington County- Planning Dept. Washington County - Court Services Washington County — Public Works Judith Bjork Betty Antoncich DAV Minnesota Association for Small Cities Metropolitan Council - Public Meeting • **Monday, November 6th at 7: 00 p.m. - Salary Workshop • • 411 CITY OF OAK PARK HEIGHTS MINUTES OF MEETING HELD MONDAY, OCTOBER 23, 1989 Call to order by Mayor Sommerfeldt at 7:00 p.m. Present: O'Neal, Kern, Seggelke, Doerr, Eckberg, Gutoske and Wilson. Clerk read public hearing notice, presented affidavit of publication and mailing list for Conditional Use Permit request submitted by Frank Condon. Mayor called for comments and discussion ensued. O'Neal, seconded by Doerr, moved to adopt Resolution #89-10-61 amending Ordinance #401.03.B. 5. f relating to the allowed size of accessory buildings for single family dwellings. Roll call vote taken with 5 aye votes cast. Resolution adopted. O'Neal, seconded by Doerr, moved to close hearing. 5 aye votes. Hearing closed. Doerr, seconded by Kern, moved to grant the Conditional Use Permit to Frank Condon to erect a 240 square foot accessory building on his property. Roll call vote taken with 5 aye votes cast. CUP granted. Clerk read public hearing notice, presented affidavit of publication and mailing list for Conditional Use _ Permit request submitted by Conoco Inc. Mayor called for comments and discussion ensued. O'Neal, seconded by Seggelke, moved to close hearing. 5 aye votes. Hearing closed. O'Neal, seconded by Doerr, moved to approve above request. Roll call vote taken with aye votes cast by O'Neal, Doerr, Seggelke and Sommerfeldt. Nay vote cast by Kern. Request approved. O'Neal, seconded by Doerr, moved to schedule a public hearing Monday, November 13, 1989 at 7:00 p.m. to amend Ordinance #401 to allow day care service in a B-2 Zoning District. 5 aye votes. Carried. O'Neal, seconded by Kern,' moved to schedule a public hearing Monday, November 13, 1989 at 7:00 p.m. on request from Swager Bros. , Inc. for a Planned Unit Development Amendment. 5 aye votes. Carried. A number of residents of Oak Park Heights appeared to state their views and concerns regarding the Section #8 proposal. O'Neal, seconded by Doerr, moved to reschedule 1990 Budget Hearings to Monday, November 27, 1989 and Monday, December 11, 1989 at 7:00 p.m. 5 aye votes. Carried. ! # Page two - Minutes 10/23/89 Union and non-union salary workshop rescheduled to Monday, November 20, 1989 at 7:00 p.m. O'Neal, seconded by Seggelke, moved to approve agreement with Goodwill Industries for recycling service through December 31, 1989 and authorizing Mayor and Clerk to sign same. 5 aye votes. Carried. Doerr, seconded by O'Neal, moved to adjourn to executive session. 5 aye votes. Adjourned to executive session. 'Regular council meeting continued. Seggelke, seconded by O'Neal, moved to adopt Resolution 189-10-62 directing the Oak Park Heights Housing and Redevelopment Authority implementcomprehensive to a study on current and projected population/housing needs and demands; current and - low and moderate income population housingneeds and projectedp p demands; senior and elderly projected current and ro 'ected housing needs and demands; and further to study all availablecit y, county, state and federal government programs and grants available that may impact the provision of housing through all elements of the population base regardless of their socioeconomic status. Roll call vote taken with 5 aye votes cast. Resolution adopted. Doerr, seconded by O'Neal, moved to adjourn. 5 aye votes. Adjourned at 9:10 p.m. li La Vonnt W1 son Administrator/Treasurer AGENDA CITY OF OAK PARK HEIGHTS TUESDAY., OCTOBER 10 ,1989 -- 7 : 00 P.M. I . Call to Order II . Public Hearings Amend TIF Development Plan Swager Bros . - Rezoning Haase - Interim Use Permit Ordinance Amend Interim Use Permit (Cost) Condon - Variance III . Tree Bids IV. Visitors Dave Anderson/Tom Hendrickson - Portable Box Store Jim Bartlett - Rapid Oil NSP Engineer - re : Sign Carol Wagner - HRA Section #8 V. Old Business Cost Estimate - Sewer/Water Hwy. #36 Letter of Credit Resolution Sign - Silver Bat Sports Home Occupation License - Cost Resolution - Boat Landing VI . Review Minutes - September 11th & 25th VII . New Business Home Occupation Information to Occupant at 14270 57th St. Schedule Non Union Salary Review Workshop Approval for Park Quotes/Bids Change Order #6 - City Hall Co. Public Health Dept. VIII . Departmental Reports Kern - Administration O'Neal - Streets Doerr - Utilities Seggelke - Parks Sommerfeldt - Police IX. Bills Presented for Approval & Treasurer ' s Report X. Correspondence Presented City Engineer - Parking Lot Co. Public Health Dept. Metro Waste Control Mutual Service Life Ins. Co. Co. Public Works Dept. Stillwater Agenda • 111 • CITY OF OAK PARK HEIGHTS MINUTES OF MEETING HELD TUESDAY, OCTOBER 10, 1989 Call to order by Mayor Sommerfeldt at 7:00 p.m. Present: O'Neal, Seggelke , Kern, Eckberg and Wilson. Absent: Doerr. Clerk read public hearing notice and presented affidavit of publication for amendment to the City Redevelopment Plan, 1989 . Mayor called for comments and discussion ensued. O'Neal , seconded by Seggelke , moved to close hearing. 4 aye votes. Hearing closed. Seggelke, seconded by O'Neal, moved to adopt Resolution #89-10-57 accepting the Redevelopment Plan Amendment in accordance with City Planner' s letter dated September 26, 1989. Roll call vote taken with 4 aye votes cast. Resolution adopted. Clerk read public hearing notice, presented affidavit of publication and mailing list for rezoning request submitted by Swager Bros. Mayor called for comments and discussion ensued. O'Neal , seconded by Kern, moved to close hearing. 4 aye votes. Hearing closed. O 'Neal, seconded by Kern, moved to approve rezoning of the above parcel of land from RB to B-2. Roll call vote taken with 4 aye votes cast. Rezoning approved. Doerr arrived at 7 : 10 p.m. Clerk read public hearing notice, presented affidavit of publication and mailing list on proposed Interim Use Permit for the continuance of an automobile dismantling yard at 13797 60th St. North. Mayor called for comments and discussion ensued. O'Neal, seconded by Seggelke, moved to close hearing. 5 aye votes. Hearing closed. O'Neal, seconded by Doerr, moved to deny above request. Roll call vote taken with 5 aye votes cast. Request denied. O'Neal, seconded by Seggelke, moved to schedule a public hearing Monday, November 13 , 1989 at 7 :00 p.m. to amend ordinance relating to the continuation of nonconforming uses in newly annexed territories. 5 aye votes. Carried. Clerk read public hearing notice, presented affidavit of publication and mailing list on request from Frank Condon for a variance. Mayor called for comments and discussion ensued. Doerr, seconded by Seggelke, moved to close hearing. 5 aye votes. Hearing closed. . 411 Page two - Minutes 10/ 10/89 Doerr, seconded by O'Neal, moved to deny above request. Doll call vote taken with 5 aye votes cast. Request denied. O'Neal , seconded by Kern, moved to direct City Planner to draft an amendment to the City Ordinance relating to accessory building size. 5 aye votes. Carried. O'Neal, seconded by Seggelke, moved to schedule a public hearing Monday, October 23 , 1989 at 7 :00 p.m. , contingent on Mr. Condon filing for a Conditional Use Permit. Fees paid for variance request to be transferred to CUP request. 5 aye votes. Carried. Bids were opened and read for 1989 tree removal project. O'Neal, seconded by Seggelke , moved to adopt Resolution #89-10-58 accepting low bid from St. Croix Tree Service in the amount of $5362 . 00 for the removal of 35 trees and retain second low bid until all necessary paper work is completed. Trees to be removed by November 15, 1989 . Roll call vote taken with 5 aye votes cast. Resolution adopted. Seggelke , seconded by Doerr, moved to accept and approve application from Champion Auto to install a portable box store in the designated place as indicated. 5 aye votes. Carried. Seggelke , seconded by O 'Neal, moved to approve Oak Park Heights Auto Plaza Application to proceed with the installation of the road according to City Engineer ' s specifications. 5 aye votes. Carried. Richard Andree, Northern States Power Co. , requested two signs. One free standing at the main road, sixe 6 x 12 and one 4 x ! 8 at Point Rd. Doerr , seconded by Kern, moved to approve both signs. Aye votes cast by O'Neal, Doerr, Kern and Sommerfeldt. Abstain by Seggelke, Carried. Carol Wagner recommended that the Council adopt a resolution approving Section #8 for new residents in Oak Park Heights. Discussion ensued with council taking matter under advisement. Joe Anderlik, City Engineer, discussed sewer and water extensions to newly annexed area along Highway #36 and apprised council of impending costs. Seggelke, seconded by Doerr, moved to direct City Auditor and Fiscal Agent to prepare financial aspects of above utility extension project as soon as possible. $ aye votes. Carried. 110 • Page three - Minutes 10/10/89 O'Neal, seconded by Kern, moved to adopt Resolution #89-10-59 accepting uniformity in Letters of Credit. Roll call vote taken with 5 aye votes cast. Resolution adopted. Seggelke, seconded by Kern, moved to adopt Resolution #89-10-60 adjusting the fee to $100. 00 on Home Occupation applications. Refunds to be made by city when all expenses are paid. Roll call vote taken with 5 aye votes cast. O'Neal, seconded by Doerr, moved to direct City Engineer to prepare a sewer service charge study by November 13 , 1989. 5 aye votes. Carried. Doerr,' seconded by Seggelke, moved to approve minutes ;of September 11th and 25th, with the following correction: Paragraph #5, minutes of September 25th, regarding the Haase rezoning request denial, should have read: Aye votes cast by O'Neal, Seggelke, Kern and Sommerfeldt. Nay vote cast by Doerr. Aye votes for approval of minutes with correction were cast by Kern, Seggelke, Doerr and Sommerfeldt. Abstain by O'Neal. Carried. Doerr, seconded by O'Neal, moved to direct Clerk to send Home Occupation information and necessary application to occupant ;: at 14270 N. 57th St. 5 aye votes. Carried. Union and non-union workshop is scheduled for October 30thiat 7 : 00 p.m. contingent on City Attorney James Lammers being present. O'Neal, seconded by Doerr, moved to allow Park Committee; to request bids/quotes for 1990 projects. 5 aye votes. Carrie&! Doerr, seconded by Seggelke, moved to approve Change Orders #6 and #7 for the Hall Expansion project. 5 aye votes. Carried: O'Neal, seconded by Doerr, moved to approve county agreement for • 1989 performance based funding for recycling project. Funds to be set aside to use for purposes as designated in guidelines. Clerk to gather further information. 5 aye votes. Carried. '' O'Neal, seconded by Kern, moved to schedule a public hearing Monday, October 23 , 1989 at 7:00 p.m. on request from Conoco, Inc. for a conditional use permit. 5 aye votes. Carried. Park Committee will meet at 6:30 p.m. Monday, December 4, 1989 at City Hall. 410 Page four - Minutes 10/ 10/89 Seggelke, seconded by O 'Neal , moved to approve bills for payment as presented and investments. Details available at Clerk ' s office. 5 aye votes. Carried. Seggelke, seconded by O'Neal , moved to adjourn. 5 aye votes. Adjourned at 9 : 50 p.m. La Vonne Wilson Administrator/Treasurer • • . • AGENDA CITY OF OAK PARK HEIGHTS MONDAY, SEPTEMBER 25 . 1989 -- 7 : 00 P.M. I . Call to Order II. Public Hearings Wm. Simonet - Home Occupation John Haase - Rezoning Swager Bros . - Minor Subdivision Rapid Oil - Sign Variance III . Visitors Tom Hendrickson - Portable Box Store Ken Kaiser Lucy Chaves - Apartment Survey & State Statutes • IV. Departmental Reports O' Neal - Streets Doerr - Utilities Seggelke - Parks Kern - Administration Sommerfeldt - Police V. Old Business Resolution - Letter of Credit (Lyle) Additional Parking - City Hall Silver Bat Sports Sign • Voto Contract Gambling License State Statutes Assessment Agreement with County Fire Contract (Lyle) VI . New Business Approve Certification of Outstanding Bills to County Cost of CUP for Home Occupation License - $300 Condon Request - Variance County Seat Change Order VII . Correspondence Presented Invitation - County Invitation - Community Access Corp. NSP City of Stillwater Ii . • CITY OF OAK PARK HEIGHTS MINUTES OF MEETING HELD MONDAY, SEPTEMBER 25, 1989 Call to order by Mayor Sommerfeldt at 7:00 p.m. Present: O'Neal , Seggelke , Kern, Doerr, Eckberg and Wilson. Clerk read public hearing notice, presented affidavit of publication and mailing list for home occupation request submitted by Wm. Simonet. Mayor called for comments and discussion ensued. O'Neal, seconded by Doerr, moved to close hearing. 5 aye votes. Hearing closed. Doerr, seconded by O 'Neal , moved to grant above request. Roll call vote with 5 aye votes cast. Request granted. Clerk read public hearing notice, presented affidavit of n request and mailing list for rezoning q uest submitted by John Haase. Mayor called for comments and discussion ensued. O'Neal , seconded by Seggelke, moved to close hearing. 5 aye votes. Hearing closed. Seggelke , seconded by O'Neal , moved to deny above request to rezone to Industrial as recommended in City Planner' s letter dated September 21 , 1989 . Roll call vote taken with 5 aye votes cast. Request denied. O'Neal, seconded by Doerr, moved to direct staff and consultants to prepare an amendment to the City Ordinance relating to an Interim Use Permit. 5 aye votes. Carried. • O'Neal , seconded by Doerr, moved to apply Mr. Haase' s $400.00 deposit for rezoning to the Interim Use Permit when it is applied for. 5 aye votes., Carried. O'Neal , seconded by Kern, moved to schedule a public hearing Tuesday, October 10 , 1989 at 7 : 00 p.m. to amend City Ordinance relating to an Interim Use Permit. 5 aye votes. Carried. Doerr, seconded by Seggelke, moved to schedule a public hearing for Interim Use Permit for Mr. Haase Tuesday, October 10th at 7 : 00 p.m. contingent on his making application. 5 aye votes. Carried. Clerk read public hearing notice, presented affidavit of publication and mailing list for subdivision request submitted by Swager Bros. , Inc. Mayor called for comments and discussion ensued. O'Neal, seconded by Kern, moved to schedule a public hearing Tuesday, October 10, 1989 at 7: 00 p.m. to rezone this property from RB to B-2 . 5 aye votes. Carried. i • Page two - Minutes 9/25/89 Doerr, seconded by Seggelke, moved to close above hearing. 5 aye votes. Hearing closed. Doerr, seconded by O'Neal, moved to apply the $300. 00 fee paid for subdivision request to the rezoning request on above property. 5 aye votes. Carried. Clerk read public hearing notice , presented affidavit of publication and mailing list for variance request submitted by Valvoline Instant Oil. Mayor called for comments and discussion ensued. Seggelke , seconded by O'Neal, moved to close hearing. 5 aye votes. Hearing closed. Seggelke , seconded by O 'Neal, moved to grant approval on above request. Roll call vote taken with 5 aye votes cast. Request granted. O'Neal , seconded by Kern, moved to advertise for bids on 1989 tree removal project. Bids to be opened Tuesday, October 10, 1989 at 7: 00 p.m. and removal to be completed by November 15, 1989 . 5 aye votes. Carried. Doerr moved. to allow Section #8 rent assistance program within the City. Motion denied due to no second. Doerr, seconded by Kern, moved to schedule a public hearing Tuesday, October 10, 1989 at 7:00 p.m. on request from Frank Condon for a variance. 5 aye votes. Carried. O'Neal, seconded by Kern, moved to extend deadline for street sweeping to October 15, 1989. 5 aye votes. Carried. Park Committee will meet Monday, October 2, 1989 at 6 : 30 p.m. at City Hall. Doerr, seconded by O'Neal, moved to approve parking lost south of City Hall and return letter to City Engineer requesting they delete the $4500 . 00 for light poles and request another quote. Also, to clarify profit and overhead costs. Lights to be installed are to be the same as used throughout the City. 5 aye votes. Carried. Seggelke, seconded by Doerr, moved to approve agreement for auditing/accounting services with Voto, Tautges, Redpath & Co. , LTD. 5 aye votes. Carried. 411 Page three - Minutes 9/25/89 O'Neal, seconded by Doerr, moved to approve assessment agreement between the City and Washington County and directing Mayor and Clerk to execute. 5 aye votes. Carried. O'Neal, seconded by Doerr, moved to direct staff to certify outstanding payables to County and present list October 10, 1989. 5 aye votes. Carried. O 'Neal, seconded by Seggelke, moved to approve change order #1 on County Seat Water & Sewer Extension Project. 5 aye votes. Carried. Seggelke, seconded by Kern, moved to adopt Resolution #89-9-56 relating to the City' s noninvolvement in the proposed boat landing. Roll call with 5 aye votes cast. Resolution adopted. O'Neal, seconded by Doerr, moved to adjourn. 5 aye votes. Adjourned at 10: 04 p.m. La Vonne Wilson Administrator/Treasurer ti • • AGENDA CITY OF OAK PARK HEIGHTS MONDAY, SEPTEMBER 11 , 1989 -- 6 : 00 P .M. I . Call to Order II . HRA Meeting III . Visitors Lucy Chaves - County HRA (Section #8) Dick Zimmerman - Addition IV. Old Business City Engineer - Fesibility Study Upper 56th St . Reschedule Simonet Home Occupation Request - 9/25 City Assessor Position Loosestrife Agreement Resolution - DNR Donation after 1/1/90 Power Wash Tower Approximate Cost $3600 . 00 V. Review of Minutes — August 7th, 14th & 28th VI . New Business Resolution Increasing Refuse Rates to $9 . 00 Effective 10/1/89 Schedule Budget Hearings - October 30th & November 6th Resolution Increasing TIF Deposit. Fees to $5 , 000 Schedule Public Hearing - Minor Subdivision (Swagers) Schedule Public Hearing - Rapid Oil Sign Variance • US West Request Gambling License Request - St. Croix Catholic School Resolution approving $28 , 563 Levy for 1982 Bonds . City Hall Change Orders VII . Departmental Reports Kern - Administration Seggelke = Parks Doerr - Utilities O'Neal - Streets Sommerfeldt - Police VIII . Correspondence Presented City of Stillwater Dave Magnuson Bob Voto Public Financial Systems Stillwater Agenda Mark Vierling ** MONDAY, SEPTEMBER 18th - 7 : 00 P.M. Union Contract Workshop • • CITY OF OAK PARK HEIGHTS' MINUTES OF MEETING HELD MONDAY, SEPTEMBER 11 , 1989 City Housing and Redevelopment Authority meeting called to order at 6: 10 p.m. by Mayor Sommerfeldt. Present: Seggelke, Kern, Doerr, Eckberg, Voto, Vierling, Gutoske, Dan Wilson and La Vonne Wilson. Absent: O'Neal. Seggelke, seconded by Doerr, moved to adopt Resolution #89-9-48 directing Mayor and Clerk to execute Development Agreement by and between the City HRA and Oak Park Partners. Roll call with 4 aye votes cast. Resolution adopted. Doerr , seconded by Kern, moved to adopt Resolution #89-9-49 creating the St. Croix Mall Tax Increment Financing District and accepting the Tax Increment Financing Plan for St . Croix Mall TIF Project. Roll call vote taken with 4 aye votes cast. Resolution adopted. Seggelke , seconded by Kern, moved to direct City Staff to prepare an amendment to the above redevelopment plan to incorporate an expansion of Planning District #5 to include the areas for public improvements specified in the Mall TIF Plan. 4 aye votes. Carried. Doerr, seconded by Seggelke, moved to close HRA meeting. 4 aye votes. HRA meeting closed. O'Neal arrived at 6 : 40 p.m. Regular council meeting called to order at 7: 00 p.m. by Mayor Sommerfeldt. Lucy Chaves discussed Washington County rent assistance program. Doerr, seconded by O'Neal, moved to table until City Attorney can check State Statutes and advise council September 25th. 5 aye votes. Carried. Dick Zimmerman, Erickson Post, related plans to construct a car wash. He will return at a later date with final plans. Seggelke , seconded by Kern, moved to adopt Resolution #89-9-50 for City to approve the development agreement between City HRA and Oak Park Partners and the Tax Increment Financing District redevelopment area. Roll call vote with 5 aye votes cast. Resolution adopted. Doerr, seconded by O'Neal, moved to schedule a public hearing Tuesday, October 10 , 1989 at 7 : 00 p.m. to amend above redevelopment plan. 5 aye votes. Carried. • 411 Page two - Minutes 9/11/89 Doerr, seconded by O'Neal , moved to reschedule public hearing request for home occupation license submitted by Wm. T. Simonet to Monday, September 25, 1989 at 7 : 00 p .m. 5 aye votes. Carried. O'Neal , seconded by Doerr, moved to direct Clerk to contact Washington County requesting County to act as Assessors for the City. 5 aye votes. Carried. Doerr, seconded by O'Neal, moved to adopt Resolution #89-9-51 approving donation of up to $2 , 000 after January 1 , 1990 to Department of Natural Resources for control of purple loostrife in the Bayport Wildlife Management Area located in Oak Park Heights, and City not signing Joint Powers Agreement. Roll call vote taken with 5 aye votes cast. Resolution adopted. Kern, seconded by Doerr, moved to adopt Resolution #89-9-52 approving power wash of water tower at approximate cost of $3600. 00 to be disbursed from water fund. Roll call vote with 5 aye votes cast. Resolution adopted. Seggelke , seconded by O'Neal , moved to approve minutes of August 7th, 14th and 28th as presented. 5 aye votes. Carried. City has received gambling license request for pull-tabs from St. Croix Catholic School. Doerr, seconded by Kern, moved to approve license providing it is in compliance with all State gambling laws. Aye votes cast by Kern, Sommerfeldt and Doerr. Abstain votes cast by Seggelke and O'Neal. Carried. Doerr, seconded by O 'Neal , moved to adopt Resolution #89-9-53 approving increase in refuse rates to $9 .00 per quarter commencing October 1 , 1989 to help cover recycling costs. Roll call vote taken with 5 aye votes cast. Resolution adopted. O 'Neal , seconded by Doerr, moved to schedule budget hearings for October 30th and November 6th at 7 : 00 p.m.' 5 aye votes. Carried. Seggelke , seconded by O'Neal , moved to adopt Resolution #89-9-54 increasing Tax Increment Financing deposit fees to $5,000.00 Roll call vote taken with 5 aye votes cast. Resolution adopted. O'Neal , seconded by Kern, moved to schedule a public hearing Monday, September 25, 1989 at 7 : 00 p.m. on request from Swager Bros. , Inc. for a minor subdivision. 5 aye votes. Carried. 410 411 Page three - Minutes 9/11/89 Doerr, seconded by Seggelke, moved to schedule a public hearing Monday, September 25, 1989 at 7 :00 p.m. for a sign variance request submitted by Valvoline Instant Oil Co. 5 aye votes. Carried. Seggelke, seconded by O'Neal, moved to approve request from US West to place, construct and maintain underground telephone plant at 5965 Osgood Avenue North. 5 aye votes. Carried. Doerr, seconded by Seggelke, moved to adopt Resolution #89-9-55 approving $28, 563 Levy for 1982 Bonds. Roll call vote taken with 5 aye votes cast. Resolution adopted. O 'Neal, seconded by Doerr, moved to approve Change Order #3 for City Hall Addition deleting $598 . 00 and not approving $1926 . 00 for night depository. 5 aye votes. Carried. Doerr, seconded by O'Neal , moved to approve Change Order #4 on above project. 5 aye votes. Carried. Kern, seconded by Doerr, moved to request cost of installing parking lot south of City Hall. Costs to include lighting and concrete curbing. Council will review September 25 , 1989 . 5 aye votes. Carried. Park Committee will meet Monday, October 2, 1989 at 6 : 30 p .m. at City Hall. Doerr, seconded by Kern, moved to pay bills as presented and approve investments. Details available at Clerk' s office. 5 aye votes. Carried. O'Neal, seconded by Seggelke, moved to use Home Occupation applications as presented. 5 aye votes. Carried. Doerr, seconded by O'Neal, moved to adjourn. 5 aye votes. Adjourned at 9 :05 p.m. 67"5- 11"44-14-r- La Vonne Wilson Administrator/Treasurer • • AGENDA CITY OF OAK PARK HEIGHTS MONDAY, AUGUST 28 , 1989 -- 7 : 00 P.M. I . Call to Order II . Public Hearing Feasibility Study - Osgood & 58th Streets III . Visitors Tom Harvieux - Resolution Section #8 Wm. Simonet - Home Occupation License IV. Old Business City Assessor Position Resolution - Terms for Assessment Deferrals Cost Estimate - Sewer/Water Extension Hwy #36 Loosestrife Agreement V. Departmental Reports Streets - O'Neal Parks - Seggelke Administration - Kern Utilities - Doerr Police - Sommerfeldt VI . New Business • Resolution Adopting Mandatory Recycling Plan (9/1/89) Joint Power Agreement - Stillwater/Oak Park Heights Contract with Junker for Recycling Project Appoint Recycling Advisory Committee Power Wash Water Tower? - Approximate Cost $3600 . 00 Rapid Oil Sign Request Haase Rezone Request Ed Brown Request United Way Proclamation VII. Correspondence Presented MN Teamsters Stillwater Meeting Notice Conoco CUP - City Engineer County Seat Street Tabulations Information - Section #89 Washington County Public Health Dept. Faegre & Benson Employment Benefit Administration Change Order - City Engineer *** Budget Workshop - Tuesday, August 29th - 6 : 30 p.m. • • CITY OF OAK PARK HEIGHTS MINUTES OF MEETING HELD MONDAY, AUGUST 28 , 1989 Call to order at 7 : 20 p.m. by Mayor Sommerfeldt . Present: Kern, Seggelke, Doerr, O'Neal, Eckberg, Holst, Anderlik, Voto, Vierling, Gutoske and D. Wilson. Deputy Clerk read public hearing notice on feasibility study to accomodate realignment of intersection at Osgood Ave. N. and 58th St. N. Proposed street improvements were explained by City Engineer and City Planner. Discussion ensued. O'Neal, seconded by Doerr, moved to close hearing. 5 aye votes . Hearing closed. Seggelke, seconded by Doerr, moved to accept feasibility report, noting that two accesses are critical and should be maintained. 5 aye votes . Carried. Seggelke, seconded by Doerr, moved to table decision on Osgood Ave. N. and 58th St. N. street improvements until September 11, 1989 . Engineer to investigate second access at Upper 56th St . N. 5 aye votes . Carried. Doerr, seconded by Kern, moved to schedule HRA meeting September 11, 1989 at 6 : 00_ p.m. 5 aye votes . Carried. Nile Kriesel requested City to establish a joint recycling program with the City of Stillwater. Discussion ensued. Seggelke,, seconded by O'Neal, moved to adopt Resolution #89-8-43 to enter into a joint power agreement with the City of Stillwater estaulishing a Joint Recycling Program with City of Stillwater and designating the City of Stillwater as lead City for receiving and distributing any grant funds received for recycling programs . Roll call vote taken with 5 aye votes cast. Resolution adopted. Tom Harvieux requested City to adopt resolution implementing Section 8 rent assistance program within the City. Council requested a representative of Section 8 Housing and Redevelopment Authority attend September 11 , 1989 meeting to further explain the Section 8 Rent Assistance Program. O'Neal, seconded by Seggelke, moved to schedule public hearing on request from William Simonet for a Home Occupation License at 5976 Stagecoach Trl. N. 5 aye votes . Carried. Representatives of Watson Centers, Inc. and the City discussed the Watson, Inc . TIF Development Agreement. O'Neal, seconded by Doerr, moved to table decision on City Assessor position until the September 11, 1989 meeting. 5 aye votes . Carried . • • Page two - Minutes 8-28-89 O'Neal, seconded by Doerr, moved to adopt Resolution 89-8-44 Deferring Interest Rate on Deferred Assessments . Roll call vote taken with 5 aye votes cast. Resolution adopted. City Engineer explained cost estimate for sewer and water extension on Highway 36 and possible alternatives . Cost estimate for sewer and water extension to be an Agenda item for October 10 , 1989 meeting at which time a meeting will be scheduled with City Engineer, Auditor and residents . Joint Powers Agreement for Purple Loosestrife Control was tabled until September 11, 1989 meeting date. Building Inspector requested to review sign permit application for Rapid Oil Change and inform Council of findings at September 11, 1989 meeting . O'Neal, seconded by Kern, moved to schedule public hearing Monday October 23, 1989 at 7 : 00 p.m. for rezoning request from John Haase. 5 aye votes . Carried. O'Neal, seconded by Kern, moved to rescind previous motion to schedule public hearing for rezoning request from John Haase . 5 aye votes . Motion Rescinded. O'Neal, seconded by Kern, moved to schedule public hearing Monday September 25 , 1989 at 7 :00 p.m. for rezoning request from John Haase. 5 aye votes . Carried. Seggelke, seconded by O'Neal, moved to adopt Resolution 89-8-45 revising Plumbing Code fees to $5 .00 per fixture with a $10 .00 minimum and 1% of valuation per job on Commercial propcity. Roll call vote taken with 5 aye votes cast. Resolution adopted. O'Neal, seconded by Doerr, made a motion proclaiming September 11, 1989 through September 16 , 1989 St. Croix Area United Way Week. 5 aye votes . Carried. O'Neal, seconded by Doerr, made a motion authorizing Mayor and Clerk to sign contract with Tower Asphalt, Inc . for County Seat Estates Street Improvements . 5 aye votes . Carried. Workshop for Union Contract scheduled for September 18, 1989 at 7: 00 p.m. O'Neal, seconded by Doerr, moved to adopt Resolution #89-8-46 approving change order for City Hall Expansion and Remodeling regarding acoustical tiles in ceiling in the amount of $1, 808 .00 . Roll call vote taken with 5 aye votes cast. Resolution adopted. 411 Page three - Minutes 8-28-89 Kern, seconded by Doerr, moved to adopt Resolution #89-8-47 to enter into contract with Junker Recycling, Inc. for implementing a recycling program for the City of Oak Park Heights from September 1, 1989 to June 30 , 1992 . Roll call vote taken with 5 aye votes cast. Resolution adopted. O'Neal, seconded by Doerr, moved to adjourn. 5 aye votes . Adjourned at 10 : 35 p.m. cLtet /446,74- Judy Holst Deputy Clerk • • RESOLUTION 89- 10-62 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION DIRECTING THE OAK PARK HEIGETS HOUSING AND REDEVELOPMENT AUTHORITY TO IMPLEMENT A COMPREHENSIVE STUDY ON CURRENT AND PROJECTED POPULATION/HOUSING NEEDS AND DEMANDS; CURRENT AND PROJECTED LOW AND MODERATE INCOME POPULATION HOUSING NEEDS AND DEMANDS; SENIOR AND ELDERLY CURRENT AND PROJECTED HOUSING NEEDS AND DEMANDS; AND FURTHER TO STUDY ALL AVAILABLE CITY, COUNTY, STATE AND FEDERAL GOVERNMENT PROGRAMS AND GRANTS AVAILABLE THAT MAY IMPACT THE PROVISION OF HOUSING THROUGH ALL ELEMENTS OF THE POPULATION BASE REGARDLESS OF THEIR SOCIOECONOMIC STATUS WHEREAS , the City Council for the City of Oak Park Heights , has provided subsidized housing to low and moderate income individuals , senior citizens , and elderly population elements within the community through the sponsorship and construction of the Raymie Johnson Estates , Raymie Johnson Townhomes, Oakridge Apartments and other developments; and . WHEREAS , the City of Oak Park Heights has determined that there is a need to study the current and projected population demands of the City of Oak Park Heights as it affects housing for all aspects of the population despite their socioeconomic status; and, WHEREAS , a reasoned , well planned housing program implemented on a City-wide basis is envisioned to have the greatest impact on all citizens and on beneficial municipal planning within the City of Oak Park Heights; and, • • WHEREAS , the City of Oak Park Heights wishes to implement meaningful and comprehensive assistance programs in the provision of housing to all aspects of the population so as to better provide for municipal planning and the needs of all aspects and socioeconomic groups within the populations that now exist within the City of Oak Park Heights and those which are to be anticipated to be established within the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights, as follows: 1 . That the Oak Park Heights Housing and Redevelopment Authority is herewith directed to implement a comprehensive study to determine the current and projected population housing needs within the City of Oak Park Heights presently and for the next projected 10-year period. 2 . Within the study to be conducted by the Housing and Redevelopment Authority, focus shall be made on all socioeconomic groups that form the population of the City of Oak Park Heights both presently and as will be projected to exist within the next 10 years. 3 . That the Housing and Redevelopment Authority is directed to study, research , and discover all current programs maintained by the state, county, metropolitan government, or city • as may be utilized to impact housing needs within the City of Oak Park Heights . Further , that the Housing and Redevelopment Authority shall study each program to determine its potential impact on the providing of safe , code-compliant , and affordable housing within the City of Oak Park Heights. Further , be it resolved that all programs to be examined by the Oak Park Heights Redevelopment Authority shall be divided into groupings to distinguish the various benefits that are provided . The Housing and Redevelopment Authority shall specifically focus on which programs offer the opportunity for home ownership, as opposed to mere rental of housing within the community. The Housing and Redevelopment Authority shall also focus on which programs encourage housing renovation and building code compliance; the Housing and Redevelopment Authority shall also focus on which programs involve actual inspections of homes proposed to be used for the senior, the elderly, low and moderate income, and other socioeconomic groups that may be available to utilize such subsidized or program-sponsored housing. 4 . The Housing and Redevelopment Authority shall further , with regard to the study to be completed , project and make recommendations as to future housing demands for senior , elderly, low and moderate income , and other disadvantaged socioeconomic groups and , specifically , provide for recommendations as to future developments of residential housing 411within the City of Oak Park Heights to address the needs of those individuals and groups. 5 . The Housing and Redevelopment Authority is specifically authorized to engage and enlist the services of city staff as may be necessary or desirable to implement the study. 6 . . The Housing and Redevelopment Authority of the City of Oak Park Heights shall upon conclusion of its study provide recommendations to the City Council as it affects the present and future projected housing needs within the City of Oak Park Heights both for the population in general as well as other socioeconomic groups such as the senior , elderly, and low and moderate income individuals. 7 . The Oak Park Heights Housing and Redevelopment Authority shall also forward its recommendations to the City Council prioritizing the available programs maintained on a . state, metropolitan, county or city basis that are of assistance in providing for housing needs within the framework of the City' s Comprehensive Plan and zoning and' subdivision ordinances. 8 . The City of Oak Park Heights Housing and Redevelopment Authority shall also examine opportunities within the City Housing and Redevelopment Authority to actively sponsor and implement housing renovation and assistance programs to affirmatively encourage the removal of substandard housing within 411 411 the City and the provision of safe, code-compliant , efficient and suitable housing for all elements of the population. Passed by the City Council of the City of Oak Park Heights this 23rd day of October , 1989 . // . Ayr � . �� Frank 0. Sommerfe : t, Mayor Attest: �—� LaVonne Wilson, Administrator/Treasurer • • -ortnwest associated consLitants, inc. MEMORANDUM TO: Oak Park Heights Mayor and City Council FROM: Robert Kirmis/Curt Gutoske DATE: 21 September 1989 RE: Oak Park Heights - Apartment Survey FILE NO: 798 . 02 - 89 . 19 BACKGROUND • Per the Council ' s directive, our office has surveyed the City' s rental apartment stock. The following discussion and attached table provide a brief summary of the survey' s findings . It should be noted that survey information regarding the Pond View Apartments has yet to be received. Therefore, the accumulated information, while still providing a valid representation of the City's apartment supply, is not totally complete. SURVEY 'ANALYSIS Number of Units . Not including the aforementioned Pond View Apartments , the City of Oak Park Heights holds 272 rental apartment units . Of the total number of units, the vast majority are either one bedroom ( 53 percent) or two bedroom (43 percent) units with three bedroom units accounting for only 4 percent of the total . Rent Ranges . Survey results indicate that a wide range in monthly rent exists for both one and two bedroom units. One bedroom units exhibit a rent range of $375 to $503 per month while two bedroom units provide a range of $475 to $740 per month. The range in rent payments indicate that existing apartment rental units within the City may accommodate a variety . of income levels . • 4601 excelsior blvd., ste. 410, minneapolis, mn 55416 (612) 925-9420 fax 925-2721 Subsidized Units . Of the total 272 units inventoried, 35 or 13 percent receive subsidy payments . It should be noted that the Raymie Johnson Estates are the only apartments within the City which offer rental assistance . Typically, subsidized units do not hold fixed rents and are based on the tenants ability to pay rent . Vacancies . Currently, apartment buildings within the City hold a vacancy rate of 13 percent. Generally, this rate may be considered high and may suggest that there is not a strong need for additional apartment units within the City at this time. The Metropolitan area average vacancy rate is 7 . 7% . The City' s vacancy rate, however, is virtually all due to the vacancies within the Oak Ridge Place Apartments . Thus the overall vacancy rate can be somewhat deceiving. Tenant Characteristics . Apartment managers and/or owners have indicated that the majority of their renters are either elderly, young couples or young singles . Additionally, the managers indicated that they have very few family renters, indicating that first home buyer incentives make the purchase of a single family home financially more appealing than renting. Amenities . The majority of apartment rentals within the City do provide some type of amenities to their tenants . The most popular of these being garages and laundry facilities . Most apartment managers and/or owners feel that such amenities are important enticements in attracting tenants . Need for Additional Apartments . Of the seven apartment managers/ owners interviewed, five of them felt that their is little need for additional multiple family development within the City. Those managers who believe a need for additional rental housing does exist each qualified their viewpoints by expressing the specific need for subsidized units only. CONCLUSION Based on discussions with various apartment managers and/or owners regarding the apartment buildings which lie within the City, the frollowing conclusions may be drawn: 1 . With a vacancy rate of 13 percent, it appears the market for multiple family development within the City is not particularly strong at this time. 2 . Two of the seven apartment managers/owners surveyed expressed the need for additional subsidized rental units within the City. 411 s 3 . First time home buyinginCE-,.�:�n+ VeS have contributed to the decreased need for three bedroom rental units and apartment buildings which focus upon the needs of families . cc: LaVonne Wilson Lyle Eckberg Frank Leier • • 0 0 1 I o / ,^N. 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'.4.- t 1 / / / . L7'"N% +4 t \ -- -_ )'- r \ cf i \' t, * 11 „.....r, v Oti$k • ,),. , i .--,r-3-- . 1•4 )‘ 4; . , ...n.- • • HRA #8 April Yarborough - Council is swine and inhumane, etc. etc. etc. Tom Junnila - 929-0587 Wants to know if article is true. Told me to invest in a paper & wants to talk to Frank & Barb. Also told me a few other things! ! ! J,}o U. • _ J -0,77lJ 11 • . , ,f,3 0 , 0 . --- --:"-------- . ) % -• - '- ,.. 0.- --?-1"-0, b 0 1 . , jee , , 1.1q; A„,,, , • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF 8c VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G. BRIGGS PAUL A.WOLFF MARK J.VIERLING VICKI L.GIFFORD GREGORY G.GALLER October 24 , 1989 Mr. Dean McGowan Forest Lake Insurance Agency P . 0. Box 188 Forest Lake, Minnesota 55025 Re: Carol A. Wagner vs. City of Oak Park Heights, et al Dear Dean: Pursuant to our telephone conversation of this morning , enclosed find a copy of the Summons and Complaint and accompanying documents served upon the City in regard to the above matter. If you have any questions, please give me a call . You - ) ul Lyle J . kberg LJE:ks Encs . c: La Vonne Wilson • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G. BRIGGS PAUL A.WOLFF MARK J.VIERLING VICKI L.GIFFORD GREGORY G.GALLER October 24 , 1989 Mr. Curtis Gutoske Northwest Associated Consultants Incorporated 4601 Excelsior Boulevard Suite 410 Minneapolis, Minnesota 55416 Re: Carol A. Wagner vs. City of Oak Park Heights , et. al Dear Curt: Enclosed please find a copy of the Summons and Complaint, and accompanying documents, in regard to the above matter. Yo , t y, L le J . Eckber LJE: ks Encs . c: La Vonne Wilson • • DECEIVE OCT 2 0 M We, the following residents of Oak Park Heights are not opposed to the use of Section 8 rent subsides in our city. Please reconsider your decision to deny use of these subsidies as we believe everyone has a right live in clean, decent, affordable housing. n 1) f S""r i /��,2'""`� 2) r" t'r." �L��Ir ? Li.-- 3 '✓ 3 `c0.._i-s i\ 111 .L:\. u) 4)R .\V .. ,t:_. tt ,-./,x.�-c'(.-Ii. , . i s t ct I 7) ' 41 8) C� L'2 er ; ' zn � 9) l' .'!r e w 10) 11) C 12) ..ii,,9z,944, JeleteAae/x) 13) (,tl aJ .3V.ia x4 irvk--.' 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) 29) 30) 31) 32) 33) 34) 35) 36) 37) 38) 39) 40) •CEJVED OCT 2 0 f98S 0 We, the following residents of Oak Park heights are not opposed to the use of Section 8 rent subsides in our city. Please reconsider your decision to deny use of these subsidies as we believe everyone has a right live in clean, decent , affordable housing. // ,a 1agiti_C'-f.CC) L�. lr1,1_Gt_H,,.__ 2) ''''J T 4.5).e.e.---74-0 .e....../r 3) /,L,1 '' - .> •�-t,,, i )P7 4) -44.1 - :(51"611;",e7V g D) f4, , .,'.," ---02-'71___,,- 6) --rye)(//k„,,ZT_N_ (9-)4, 7) SAA, ° ' - ' / 8) 1/Ydrii #04.A.„ _ 9)`Y c3.. ?' 1,1,-- 10) ;712-0-9,444.) (0) i /5,-w-u4(,) 11) 4_4 ( / 7 % 12) 13)t 4� Lir / d!..f.., 14) 15) icw-r, d 16) / 17) _ �'.. '-i 18) 19) ' . I / l ' •. / 20) 21) / ',L.,)/4.4.. Mei 22) 23) 24) 25) 26) 27) 28) 29) 30) 31) 32) 33) 34) 35) 36) 37) 38) 39) 40) • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1635 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G. BRIGGS PAUL A.WOLFF MARK J.VIERLING October 17 , 1989 VICKI L.GIFFORD GREGORY G.GALLER Mr. James A. Lee , Jr. Attorney at Law Southern Minnesota Regional Legal Services, Inc. 300 Minnesota Building Fourth and Cedar Streets St. Paul, MN 55101 RE: Your Client: Carol Wagner Our Client: City of Oak Park Heights Dear Mr . Lee: I am in receipt of your correspondence of October 13 , 1989 . Your demand that the City of Oak Park Heights respond to your client ' s particular needs on or before Friday, October 20 , 1989 , is unreasonable. The City Council regularly meets on the second and fourth Mondays of every month , and the agenda for those meetings are set in advance . A request to be placed on the agenda should be forwarded to the City Clerk prior to the Wednesday preceding the regular Council meeting . As it affects your client ' s claims , the City has in no way discriminated against your client . Although she may feel particularly aggrieved due to the City 's hesitancy to implement a city-wide program based only on her particular need , the City ' s responsibilities in this matter go well beyond the individual and affect the entire population as well as the planning, zoning , and other comprehensive needs of the City, present and future. Your client may or may not be aware of the subsidized housing which already exists within the City of Oak Park Heights for senior , elderly, and low and moderate income individuals ; however, if she is not, the City Hall would be more than happy to provide that information to her . Additionally, it is my understanding that your client had already entered into a lease with her landlord prior to requesting program certification by the City, which may in fact be the better part of her problem. The City Council is not in the position to either implement or refuse to implement the program. Rather, due to the potential nature of impacts of these programs on the entire housing stock within the City, as well as • • Mr . James A. Lee, Jr. Page 2 October 17 , 1989 the needs of the City itself on all aspects of its housing , this as well as other programs will be studied by the City to determine whether or not theysuitable are and meet the best interests of the City ' s residents and of the City ' s long-term goals and plans in the area of housing. Your client ' s advocacy for a particular program that she desires will certainly be heard within the legislative and planning process that this or any city would implement in dealing with the various programs that attempt to deal with these issues. Very truly yours , Lyle J. Eckberg LJE: kp , 7 -- _. !, - • -77/ -... e0/ , --4 , , , ,.. , ( - U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 EXISTING HOUSING PROGRAM ADDENDUM TO LEASE The following provisions are incorporated as section of the Lease between: ('Landlord") and ("Tenant") for the following dwelling unit: (A). HOUSING ASSISTANCE PAYMENTS CONTRACT. The Landlord will enter into a Housing Assistance Payments Contract ("Contract") with a Public Housing Agency ("PHA") under the Section 8 Existing Housing Program of the U. S. Department of Housing and Urban Development Under the Contract, the PHA will make housing assistance payments to the Landlord to assist the Family, of which the Tenant is the representative, to lease the dwelling unit from the Landlord. (B). CONFLICT WITH OTHER PROVISIONS OF LEASE. In case of any conflict between the provisions of this section of the Lease and any other provisions of the Lease, the provisions of this section shall prevail. (C). TERM OF LEASE. The term of the Lease shall begin on and shall continue until (1) a termination of the Lease by the Landlord in accordance with paragraph (H) of this section, (2) a termination of the Lease by the Tenant in accordance with the Lease or by mutual agreement during the term of the Lease, or (3) a termination of the Contract by the PHA. ID). RENT. (11. The amount of the total monthly rent payable to the Landlord during the term of the Lease (called the "Contract Rent") shall be determined in accordance with the Contract between the Landlord and the PHA. (2). The portion of the Contract rent payable by the Tenant ("tenant rent") shall be an amount determined by the PHA in accordance with HUD regulations and requirements. The amount of the tenant rent is subject to change as determined by the PHA during the term of the Lease. Any change in the amount of the tenant rent will be stated in a written notice by the PHA to the Tenant and the Landlord, stating the new amount and the effective date of the change. Initially and until such change the Tenant agrees to pay $ per month to the Landlord as the tenant rent. (3). The tenant rent as determined by the PHA is the maximum amount the Landlord can require the Tenant to pay as rent for the dwelling unit, including all services, maintenance and utilities to be provided by the Landlord in accordance with this Lease. (4) Co tr ct Thehmonthly housing assistance payment iassistance s the difference between the Contractment to the Landlord on behalf of accordance with the Each month, rent and the tenantent (El. SECURITY DEPOSIT. (1). The Tenant has deposited $ with the Landlord as a security deposit The Landlord will comply with HUD regulations regarding security deposits from a Tenant, and shall not collect a-security deposit which is more than the maximum amount permitted under the regulations. (2). The Landlord will hold the security deposit during the period the Tenant Family occupies the dwelling unit under the Lease. The Landlord shall comply with State and local laws regarding interest payments on security deposits. (3). After the Tenant Family has moved from the dwelling unit the Landlord may (subject to State and local law) use the security deposit, including any interest on the deposit, as reimbursement for any unpaid tenant rent or other amounts which the Tenant owes under the Lease. The Landlord will give the Tenant a written list of all items charged against the security deposit and the amount of each item. After deducting the amount used as reimbursement to the Landlord, the Landlord shall promptly refund the full amount of the balance to the Tenant Page 1 of 3 Pages (F). UTILITIES AND APPLIANCES. a (1). The Landlord shall provide the utilities isted in column (1) below for the dwelling unit out any additional charge to the Tenani.' The cost of these utilities is included in the Contract Rent. The utilities listed in column (2) below are not included in Contract rent, and are paid by the Tenant TYPE OF UTILITY COLUMN 1 COLUMN 2 Put "x" by utility included n rent. Put "x" by Tenant paid utility. Garbage collection Water Heating type (Specify type) . Lights, electric Cooking (Specify type) Other (specify) (2). (i). The range for the dwelling shall be provided by the . (Insert either Landlord or Tenant, as appropriate. If unspecified, the range shall be provided by the Landlord.) • (ii). The refrigerator for the dwelling unit shall be provided by the . (Insert either Landlord or Tenant, as appropriate. If unspecified, the refrigerator shall be provided by the Land ord.) (3). The Landlord shall provide the following other appliances for the dwelling unit: • (G). MAINTENANCE AND SERVICES. • The Landlord shall maintain the dwelling unit, equipment and appliances, and common areas and facilities, to provide decent, safe and sanitary housing in accordance with the housing quality standards (24 CFR Section 882.109) for the Section 8 Existing Housing Program, including the provision of the services, maintenance and utilities set forth in the Lease. (HI. TERMINATION OF TENANCY. (1), The Landlord shall not terminate the tenancy except for: (i). Serious or repeated violation of the terms and conditions o the Lease: (ii). Violation of Federal, State. or local law which imposes obligation on a tenant in connection with the occupancy or use of the dwelling unit and surrounding premises: or (iii). Other good cause. However, during the first year of the term of the lease, the owner may not terminate the tenancy for "other good cause" unless the termination is based on a malfeasance or nonfeasance of the Tenant Family. (2). The following are some examples of "other good cause" for termination of tenancy by the Landlord: (i). Failure by the Tenant Family to accept the offer of a new Lease in accordance with paragraph(K)of this section; . A Tenant historyof (ii) a nt Fami ly disturbance of neighbors or des:ruction ofproperty, or of livingor housekeeping habits resulting P g in damage to the unit or property. (iii). Criminal activity by Tenant Family members involving crimes of physical violence to persons or property. (iv). The Landlord's desire to utilize the unit for personal or family use or for a purpose other than use as a residential rental unit; or (v). A business or economic reason for termination of the tenancy (such as sale of the property, renovation of the unit, desire to rent the unit at a higher rental) Page 2 of 3 Pages This list of examples is inten as a non-exclusive statement of some situat included in "other good cause", but shall be in s - no way be construed as a Ii n on the application of "other good cause", ations not included in the list. The Owner may not terminate the tenancy du he first year of the term of the Lease. pursuo paragraph (H)(1)(iii), for the grounds stated in paragraph (H)(2)(i), (H)(2)(v) of t is section. (3). The Landlord may evict the Tenant from the unit only by instituting a court action. The Landlord must notify the PHA in writing of the commencement of procedures for termination of tenancy, at the same time that the Landlord gives notice to the Tenant under State or local law. The notice to the PHA may be given by furnishing the PHA a copy of the notice to the Tenant (I). The Landlord shall not discriminate again4t the Tenant Family in the provision of services, or in any other manner, on the grounds of age, race, color, creed, religion, sex, handicap or national origin. (J). Any notice under paragraph (H), (K) or (L) of this section may be combined with and run concurrently with any notice required under State or local law. • (K). After approval of a proposed new Lease by the PHA in accordance with HUD regulations, the Landlord may offer the Tenant Family the proposed new Lease for execution on behalf of the Tenant Family, for a term beginning at any time after the first year of the term of this Lease. The Landlord shall give the Tenant written notice of the offer, with copy to the PHA. at least sixty days before the proposed commencement date of the new lease term. The offer may specify a reasonable time limit for acceptance by the Tenant Family. U. The Tenant may terminate the Lease without cause at any time after the first year of the term of the Lease, on not more than sixty days written notice by the Tenant to the Landlord (with copy to the PHA). (The provisions of this subsection (L)are not intended to limit any right of the Tenant to terminate the Lease where so provided elsewhere in the Lease.) (M). This Lease has been signed by the parties on the condition that the PHA will promptly execute a Housing Assistance Payments Contract with the Landlord. This Lease shall not become effective unless the PHA has executed a Housing Assistance Payments Contract with the Landlord effective the first day of the term of the Lease. (NI. PROHIBITED LEASE PROVISIONS. Notwithstanding anything to the contrary contained in the Lease, any provision of the Lease which falls within the classifications below shall be inapplicable. (1). Confession of Judgment Prior consent by the Tenant to be sued, to admit guilt, or to a judgment in favor of the Landlord in a lawsuit brought in connection with the Lease. (2). Seize or Hold Property for Rent or Other Charges. Authorization to the Landlord to take property of the Tenant, or hold property of the Tenant, as a pledge or security until the Tenant meets any obligation which the Landlord has determined the Tenant has failed to perform. (3). Exculpatory Clause. Agreement by the Tenant not to hold the Landlord or Landlord's agent legally responsible for any action or failure to act, whether intentional or negligent. (4). Waiver of Legal Notice. Agreement by the Tenant that the Landlord may institute a lawsuit without notice to the Tenant (5). Waiver of Legal Proceedings. Agreement by the Tenant that the Landlord may evict the Tenant or hold or sell possessions of the Tenant Family if the Landlord determines that the Tenant has violated the Lease, without notice to the Tenant or any court decision on the rights of the parties. (6). Waiver of Jury Trial. Authorization to the Landlord to waive the Tenants right to trial by jury. (7). Waiver of Right to Appeal Court Decision. Authorization to the Landlord to waive the Tenant's right to appeal a decision on the ground of judical error or to waive the Tenant's right to sue to prevent a judgment from being put into effect (8). Tenant Chargeable with Cost of Legal Actions Regardless of Outcome of Lawsuit. Agreement by the Tenant to pay lawyer's fees or other legal costs whenever the Landlord decides to sue, whether or not the Tenant wins. SIGNATURES: TENANT By: Signature Date Signed Print or type name of Family representative • By: Signature Date Signed Print or type name of Family representative LANDLORD By: Print or type name of Landlord By: Signature Date Signed Print or type name and title of Signatory Page 3 of 3 Pages LEASE as Landlord and • lhis lease,made and entered into this day of ,19-between.__4) Apartment size: bedrooms. as Tenant for the following dwelling unit: Additional Household Members: 7. 1 4. 7. 2. 5. 9. 3. 6, 1. Occupancy of the Dwelling Unit sublet or transfer possession The tenant conser to)ftthesLandlord and therMetropolitan Council Housing and Redevelopment Authority c( MetrodHRA") The o rTnannt fders or urrtgher agreesers it out ld the tots lo stt to use or permt the use of ed on this leased This provision Pdoes dweInotlingprurohibit easonablesacit for.any purpoe commodat on ofr rthe Tenant's guestssorPvisitors.Thely for the e Tenant shall havnant and the emembers more than the above-listed household members residing in the unit during the term of this lease other than the addition of minor children horn to,adorned by,or where legal custody has been awarded to the Tenant. 2. Housing Assistance Payments Contract Payments Contract ("Contract")with Metro HRA under the Section 8 Existing HousingProgram togthe of The Landlord Department enter into Housinga Housing Assistance Landlord to ass s the Failf and Urban whi h tthe TDenanttpment ("HUD").is the reprseentative,to lease he dwellingnder the Contract, runitRf from.11 make the Landlord.housing assistance pay 3. TTerm The eTerma of Lease the Lease shall begin on 19l,and shall continue until: (1)a termination of the Lease by the Landlord or - Tenant in accordance with Section (9)of this lease; (2)a termination by mutual agreement during the term of the lease;or (3)a termination of the Contract by Metro HRA. 4. Rent 4.1 The amount of the total monthly rent payable to the Landlord during the term of the Lease (called the"Contract rent")shall be determined in accordance with the Contract between the Landlord and Metro HRA. 4.2 dance with HUD The portion s and i'equii ements.The amount ofthe tl eTenant Tenant(r ntnant rent")shall be an s subject to change as determindetermined Mettro HRA Metro dur ng the terA in m of the Lease.Any g per month,stating which change in the amount of the Tenant rent will be stated in a written notice given by Metro HRA to the Tenant and the Landlord, the new amount and the effective date of the change. Initially and until furthereno r iirce,the sthe hall be payable ntract rent shallMetro HRA. $ per month shall be payable by the Tenant and$ P 4.3 The Tenant rent as determined by Metro HRA is the maximum amount the Landlord can require the Tenant to pay as rent for the dwelling unit, including all services,maintenance and utilities to be provided by the Landlord in accordance with this lease. 4.4 Each month,Metro HRA will pay a housing assistance payment to the Landlord on behalf of the Tenant Family in accordance with the Contract. The monthly housing assistance payment is the difference between the Contract rent and the Tenant rent. 5. Security Deposit with the Landlord as a security deposit.The Landlord will comply with HUD regulations regarding 5.1 The Tenant has deposited$ security d^posits from a Tenant,and shall not collect a security deposit which is more than the maximum amount permitted under the regulations. 5.2 Then eLandlord will sotta law,thesecurity depo it held by ttherLandlo d ford the Tenant shall bear simple interest atethe rate of undering unit percenthe per. In accordance with the Tenant Faily occupies the per annum. Mr 5.3 The ,return Landlord deposit o the 11T Tenant with interest ort furniser h to the Tenant tenancy written statement shows g the specific s.reason for theng address or withholding ofelivery tthe sdeposit rihf. Premises may withhold ° amounts reasonably to: remedy Tenant defaults in pay or any mnt off ent;or (2) restore the t their condition on at the beginning of thetenancyordinarywearand tear 6. Utilites and Appliances Landlord shall provide utilities,appliances, rmarked services(additional charge tilities,appliances,and services is included in theContract rent.The utilities,appliances,and marked"no"are not included in the Contract rent,and shall be paid or provided by the Tenant. Yes No Yes No HeatTrash Collection Stove Cooking fuel Refrigerator HoElet waterity _ Lawn care Hot water Snow removal Water Other Sewer 7. Maintenance and Services ecent,safe and 7.1 The sanitaryLandlord shall housing in accordance dance with the housing qualiwelling unit, ty standaent and ds appliances,124 CFR Sectiion 882 109)for fthe lSe Sectlities,ion Exisas to ts g Hourovide dsing Program, including the provision of all services,maintenance and utilities required by this Lease.The Landlord shall respond in a reasonable time to requests by the Tenant for repairs consistent with the obligations of the Landlord under this Lof access ease. the 7 2 Landlord, authorized ? nftremployees, representatives shall rrright dwelling the Purpose The makng iovements andrepairsadorpupseof showngthe dwellingunit fore-rental upon no less than24 hours oral or written notice to the Tennt d shall have te gh advanceanotification to the Te ar t if the Landlord reasonablye ebelieves that danremergency exh tsiwhtany time without ich requires such entrance. t lace or new 7.3 The Tenant shall not decorate nrmake the untiotherrt an theior usuall mrtions ovableothe ho seholdifurntiuresrwirhout obtasnanlg ineacharsertheional fixtures, prior written floor coverings,or equipment r consent of the Landlord. 8. Pets The Tenant shall riot house or keep pets in the dwelling unit except with prior written permission from the landlord. 9. Termination of Tenancy 9.1 The Landlord shall riot terminate the tenancy except for: A. Ser ions or repeated violation of the terms and conditions of the Lease; B. Violation of federal,state,or local law which imposes obligations on a Tenant in connection with the occupancy or use of the dwelling unit and Surrounding premises;or C. Other good cause.However,during the first year of the term of the lease,the Landlord may not terminate the tenancy for "other good cause" unless the termination is based on malfeasance or nonfeasance of the Tenant Family. 9.2 The following are some examples of "other good cause"for termination of tenancy by the Landlord: A. Failure by the Tenant Family to accept the offer of a new Lease in accordance with paragraph 11 of this Lease; B. A Tenant Family history of disturbance of neighbors or destruction of property,or of living or housekeeping habits resulting in damage to the unit or property; C. Criminal activity by Tenant Family members involving crimes of physical violence to persons or property; D. The Landlord's desire to utilize the unit for personal or family use or for a purpose other than use as a residential rental unit;or F. A business or economic reason for termination of the tenancy (such as sale of the property,renovation of the unit,desire to rent the unit at a higher rental). This list of examples is intended as a nonexclusive statement of some situations included in "other good cause,"but shall in no way be construed for the grounds staed in lopard mayraph 1o.2e mi ate the)e as a limitation on the application of "other good cause,"to situations not included in the list.The Landlord may not terminate tenancy or during the first year of the term of the Lease,pursuant to paragraph (9.1)(C), (9.2)(E)of this section. instituting a court (unlawful detainer)action.The Landlord must notify Metro HRA 9.3 Thewriting Landlord may mmt the Tenant from the unit only in at the same time that the Landlord gives notice to the Tenant under in state of the commencement of shall procedures givenfobyfurnishingunaton of MetrottHRA, of the notice or complaint served on the Tenant. elaw.The notice to Metro HRA shall withoute e at any with a copy luso the Landlord written notice 9.4 The Tenantcopy may terminaterHRA)the Leaseonefullcause period plustimt after the efirst year tenancy'sof the term last the Lease,by g g are not intended too limit payment is due).The provisions of this paragraph (with a to Metro at least full rental one day before the last day lin other words,the Landlord must receive written notice of intent to vacate at least one day before the last rent any right of the Tenant to terminate the Lease where so provided elsewhere in the Lease. 10. Nondiscrimination n. The Landlord shall not discriminate against the Tenant Family in the provision of services or in anyyother status. manner on the grounds of race,color,creed, religion,national origin,sex,marital status,status with regard to public assistance,disability,or fa 11. Offer of New Lease Metro HRA in accordance with HUD regulations,the Landlord may offer the Tenant Family the proposed Afterd approval e a tion proposed new Lease by ne new lease for ex notice ce the Tenant offer,with Family,for a toeMetro gHRA at least 60 dayster the befo before proposed com commeyear of the term of ns Lease.cement t date fore the new shall give the Tenantwritten Lease term.The offer may specify a reasonable time limit for acceptance by the Tenant Family. 12. Additional Provisions Specify additional provisions or state 'none." 13. Prior Agreements Upon signing this lease,any prior lease or agreement,oral or written,affecting this rental unit is null and void.No additional agreements or provisions, oral or written,may be added without prior approval of Metro HRA.This lease has been signed by the parties on the condition that Metro HRA will promptly execute a Housing Assistance Payments occupancy Contract with the in the lord.Accordingly,this Lease shall not become effective unless Metro HRA t Las has executed such contract by the first day Signatures: LANDLORD..__ TENANT Date Signed Print or Type Name of Landlord By: Date Signed__- Pi int or Type Name of Family Representative By: Date Signed Print or Type Name and Title of Signatory ! 0 • • 1... _ ..... •, 8 t c c• • .7 sp.. 7tesc - e 1- - 41,x .‘-' •rA,,, 1 ... 2 ....- e. 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' - ° Ala ---•is 41.1 f .," _ - .,..., -0 v c 0 z-••••• CLCD, el, > St 4.1 ,o, •..... • ---,,0454e, 4- ..-_---...-..- z....--. g eu T./.tjexil•f".-o 40 ill .st -47....'-r-2`. i- . ..,. '': I • . , •V--, 4 •• ''''l "")""''' -"a.. i - -I-4 7- ... ..' '. Cf.. I .43 4° ___ Team II • • � • • • Contract Number 105-2�;� ' U.S. DEPARTMENT OF HOUSING AND URBAN DEvEtOpMENT SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM • EXISTING HOUSING • 1 HOUSING ASSISTANCE PAYME� CONT�tACT` f This Housing Assistance Payments Contract ("Contract") is entered into between the Minneapolis Public Housing Authority ("PHA"), which is a public housi agency as defined in the United States Housing Act of 1937, and ("Owner" ) . rhe purpose of this Contract is to assist the Family identified in section 1(A) to lease a decent, safe, and sanitary dwelling unit from the Owner. The PHA will make housing • assistance payments to the Owner on behalf of the Family in accordance with this Contract. The PHA.has executed an Annual Contributions Contract ("ACC") with the Department of Housing and Urban Development ("HUD"). Under the ACC, HUD has agreed to provide financial assistance to the PHA to make housing assistance payments • on behalf of eligible Families. • 1. CONTRACT UNrT, FAMILY, AND LEASE. (A). This Contract applies only to the Family and the.dwelling unit ("Contract unit") designated in this section. Contract unit: Mp]s_ MN 554114 (Address of Contract unit, including apartment number, if any, City, State and Zip Code) Family: Name or names of Family representative(s ) ) (B). The Owner shall lease the Contract unit 'to the Family. •The Lease to be executed by the Family and the Owner for the Contract unit has been approved by the PHA, and shall be executed in the form approved. The Lease shall contain all provisions required by HUD, and shall not contain any provisions prohibited by HUD. 2. TERM OF CONTRACT. The term of this Contract shall begin on November 4 1987 . (Insert the first day of the term of the Lease. This date must be at least one year prior to the • HUD 52535 (5-84 ) • (HH 7420 . 7 ) Page 1 of ,10 pages • . end of the remaining term of the ACC.) The term of this Contract shall end on the last day of the term of the Lease. The Contract shall end in any event upon termination of the ACC. 3. RENT; HOUSING ASSISTANCE PAYMENT. (A). The total monthly rent payable to the Owner during the term of this • Contract is called the "Contract rent." Initially and until adjustment of the Contract rent in accordance with section 8 of this Contract the Contract rent shall be $ . 329.00 per month. (B). The portion of the Contract rent payable by the Family ("tenant rent") will be an amount determined by the PHA in accordance with HUD regulations • and requirements. This amount is the maximum amount the Owner can require the Familyto pay for rent of the Contract unit, including all services, maintenance and utilities to be provided by the Owner in accordance with the Lease. The amount of the tenant rent is subject to change during the term of the Contract Any changes in the amount of the tenantthe date stated in a notification bythe PHA rent will be effective on to the Family and the Owner. Initially and until such change the Family shell l Tepay$nt 202 pay from 11-ee -8 0 4month t the caner to as the tenant rent. P (C). Each month the PHA shall make a housing assistance payment to the Owner on behalf of the Family in 'accordance with this Contract The monthly housing assistance payment is equal to the difference between the Contract rent and the tenant rent. The amount of the housing assistance payment shall be determined by the PHA. Any change in the amount of the housing assistance payment shall be effective as of the date stated in a notification by the PHA to the Family and the-Owner. Initially and until such change the amount of the housing assistance payment shall be $ 127.00 per month. Neither the PHA nor HUD assumes any obligation for the tenant rent, or for payment of any claim by the Owner against the Family, except in accordance with section 6. The obligation of the PHA is limited to making housing assistance payments on behalf of the Family in accordance with this Contract. MPIA will pay from 11-4-87 to 11-30-87 $114.30. (D). The housing'assistance payments to the Owner will continue during the term of this Contract until the tenant rent equals the total Contract rent However, the termination of a Family's housing assistance payments shall ' not affect the Family's other rights under the Lease, nor shall such termination preclude the tesumption of payments as a result of changes in income or rent or other relevant circumstances during the term of the Contract. However, if one year has passed since the date of the last housing assistance payment on behalf of the Family, this Contract shall terminate. (E). The PHA may terminate housing assistance payments under this Contract, because of action or inaction by.the Family, in the following cases: (1) if the Family has committed any fraud in connection with any federal housing assistance program, (2) if the Family has violated any of the Family's obligations under the Section 8 Existing Housing Program, or (3) if the Family has breached an agreement with the PHA. The PHA shall notify the Owner in writing of its decision to terminate housing assistance payments in such case, and that housing assistance payments pursuant to the Contract • HUD 52535 ( 5-84 ) (HB 7420 . 7) Page 2 of 10 pages shall terminate at the eno`of the calendar. month which follows the calendar month in which the PHA gives such notice to the Owner. (For provisions on termination of housing aaaistance payments, and other remedies, because of Owner's breach of the Conract, see section 13). 4. MAINTENANCE, OPERAt D trTSPECT1ON. • tiff- � �, (A). The Owner agrees tern i h and operate the Contract unit and related facilities to provide de4en 8tile and sanitary housing in accordance with 24 CPR Seetion 882.14)9r.irk1itlirg the provision of all the services, maintenance and utilities ds Agreed to in the Lease. If the PHA determines that the Owner is not meetitg this obligation, the PHA shall have the right, ' even if the Family continues In oeeupency, to terminate or reduce housing assistance payments to the bw'itit, and to terminate the Contract. • (B). The PAA shall have the' right to inspect the Contract unit and related facilities at least annually and at such other times as may be necessary, in • the determination of the PHA, to assure that the unit is in decent, safe and sanitary condition,, and that the Owner is providing all the services, maintenance and utilities agreed to under the Lease. • (C). If the PHA determines that the Contract unit is not in decent, safe, and sanitary condition because,of an increase in Family size, or a change in Family composition, or that the Patmly is residing in a unit larger than appropriate .because of a reduction in Family size or change in Family composition, the PHA may terminate the Contract upon notice by the PHA to the Owner. (D). Maintenance and replacement (including redecoration)shall be in accordance with the standard practice..for,te'building concerned as established by the Owner. 5. MONTHLY PAYMENT TO O:.'NEII. (A). The Owner shall be paid under thit Contract on or about the 10th day of the month for which payment is dity ,'t'he Owner agrees that the endorsement on the check: (1) shall be conclusive evidente that`, the Owner has received the full amount of the housing assistenee payment for the month, and (2). shall be a certification by thi*Wner that: (i). the Contract unit is in decent, safe, and sanitary condition and the Owner is providing all the services, maintenance and utilities as agreed to in the Lease, (ii). the Contract unit is leased to the Family named in section 1(A), and the Lease is in accordance with section 1(B), (iii). the Contract rent does not materially exceed rents charged by the Owner for other comparable unassisted units, HUD 52535 ( 5-84 ) (HB 7420 .7 ) ' Page 3 of 10 pages • • • • (iv). except for the housing assistance payment and the tenant rent as provided under this Contract, the Owner has not •• received and will not receive any payments or other consideration (from the Family, the PHA, HUD, or any other public or private source) as rent for the Contract • unit,• (v). the Family and the PHA do not own, or have any interest in the Contract unit (except in the ease of housing assistance on behalf•of the Owner of a manufactured • home, to assist in leasing a manufactured home space). If • the Owner is a cooperative, the Family may be a member of the Cooperative, and (vi). except with respect to payment for a vacant unit in • accordance with, and subject to the conditions of, section 7, to the best of the Owner's knowledge, the members of the Family occupy the Contract unit, and the unit is used solely for residence by the Family, and as the Family's principal place of residence. (B). If the PHA determines that the Owner is not entitled to the payment or any part of it, the PHA, in addition to other remedies, may deduct the amount of the overpayment from any amounts due the Owner, including amounts due under any other housing assistance payments contract. 6. SECURITY DEPOSITS AND PHA REIMBURSEMENT FOR UNPAID RENT AND DAMAGES.. (A). The Owner will comply with HUD regulations regarding security deposits from a tenant (24 CFR Section 882.112), and shall not collect a security deposit which is more than the maximum amount permitted under the regulations. (B). After the Family moves from the Contract unit, the Owner may (subject to State and loeel law) use the security deposit, including any interest on the deposit, as reimbursement for any unpaid tenant rent or other amounts which the Family owes under the Lease. The Owner will give the Family a written list of all items charged against the security,deposit and the amount of each item. After deducting the amount used as reimbursement to the Owner, the Owner shall promptly refund the full amount of the balance to the Family. (C). If the security deposit is insufficient for the reimbursement, or if the Owner did not collect a security deposit, the Owner may claim reimbursement from the PHA for an amount not to exceed the lesser of: (1). the amount owed the Owner, or • (2). two month's Contract rent; minus, in either case, the greater of the security deposit actually collected permitted underthe UD regulations. Any the maximum amount H caul HUD 52535 ( 5-84 ) (HB 7420 . 7) Page 4. of 10 pages • • reimbursement under this section shall be applied first toward any unpaid tenant rent and then to other -amounts owed bythe d rent four the periodily. No reimbursement shall be claimed from the PHA forunpaid after the Family moves from the Contract unit. (D). In those ,jurisdictions where interest is payable by the Owner on security deposits, the amoujit refunded shall include the amount of interest payable. The Owner shall comply with all State and local laws regarding interest payments on security deposits. (B). To make a claim under this section, the Owner shall immediately notify the • . PHA when the Family has moved from the Contract unit. The Owner shall submit to the PSA, as soon as pos;uble, written documentation supporting the claim for reimbursement, including evidence of actual costofily. Trequired repairs and evidence of baling to and nonpayment by the Fi he PHA has the right to inspect the unitwith the Owner to determine the extent of any damage. 7. PAYMENT FOR VACATED UNIT. • Housing assistance payments shall be made by the PHA to the Owner under this Contract only forthe period during which the Contract unit is leased and occupied by the Family during the term of the Contract except as follows: (A). (1). If the Family moves from the Contract unit in violation of the Lease, the Owner shell receive the housing assistance payment due under the •• Contract for so much of the month in which the Family moves from the unit es the unit remains vacant. If the unit continues to remain vacant; the Owner shall receive from the PHA a housing assistance payment in the amount of 80 percent of the Contract rent for a • vacancy period not exceeding one additional month, or the expiration of the Lease, whichever comes first. (2). If the Owner collects any of the end sT aIIp�rtio��to an amount e rent for the additional month, the PHA payor which, when added to the Family's payment, does not exceed • 80 percent of the Contract rent. The Owner shall reimburse the PHA for any excess. (3). If the Owner evicts the Family, the Owner shall not be entitled to any payment under this section unless the PHA determines that the Owner complied with all the requirements of the Contract (including section 9 on termination of tenancy) and all applicable State and local laws. (B). The Owner shall not be entitled to any payment for the vacated unit unless the Owner (1) immediately upon learning of the vacancy has notified the PHA of the vacancy, (2) has taken and continues to take all feasible actions to !31l the vacancy including, but not limited to, contacting applicants on the Owner's waiting list, if any; requesting the PHA and other appropriate sources to refer eligible applicants; and advertising the availability of the unit, and (3) has not rejected any eligible applicant except for grounds acceptable to the PHA. To be eligible for payments under this section, the Owner is not.required to rent this unit to a Certificate holder in the Section • HUD 52535 ( 5-84 ) • (HB 7420 . 7 ) Page 5 of, 10 pages wd4„,,i11,-.4, • • regi 8 Existing H• i,� '��zPt"' '• H ever, seesection 10di discrimination. :. ng (C). ' The Owner shall not be entitled to WY p*yroatt for the vacated unit to the extent that the Owner is entitled to payment from other ' s. RENT ADJDSTa EI!T S. • (A). If the Contra " ' - 0 end,sanitary condition and the Owner ie otherwise in coin• . wfth the terms of the Lease and this Contract, . the Contract rent shell�lzted se follow= . mutual anniversary date " (1).• The Contract rent.ate be•adj�ted es of e Section Annual Adjustment .• of'tha t�oStt .��i the ep� UM) the Federal R ter. The Factor mast recently published ted upwerd-or downwsr ,. [owever, in no ' Contract rent Ploy be � the Contract rent on the case of Contract. a lei ihmn effective • cia1 edjwtMent to reflect increases in the (2). HUD may aPP�Ye a d maintaining the tutu actual end nec y expenses of off and which, have ;ra ted. frem substantial general increase* in real tauten . Ut t t or similar coats (i.e., essesement$, and it ray` . tttiliitiea not ex�tr�►� ` ted rates), but only If and to the Went • that the Owner Gt-deleonstrates that the general increases have • mused .iamteaaeAO�er's operating its which ore not adequately compensated for by the atnuel edj% tnenta provided for in paragraph (AXI) of ths eco The Owner abell eubmit, financial 'statements to the PHA whi clearly auPgrt the increase. (B). Adjustments as provided inparegpanh A'i,�ot this section shall not result in material differences between ep charged for assisted and comparable • unassisted units as detatrmthe. PHA in accordance with HUD requirements. „ .-1 ,,; / ., e 9. TERMINATION OF TENANCY. : •-hk��'. 4 - an • (A). The Owner shall not terminate thein cY of the Family except for; • (1). Serious or repeated violation,'” of the terms and conditions of the • Lease; : f • (2). Violation of Federal, State or tock *w which imposes obligations on the Family in connection witlhevecupenCy and use:of the dwelling unit and surrounding premises; or (3). Other good crime. O8 . The Owner may evict the Family from the Contact unit only by instituting a court action. The Owner must r netjfy the PHA in writing of the commencement of procedures for,termination of tenancy, at the same time that the Owner gives notice to the Family wider State or local law. The • . HUD 52535 (5-84 ) (103 7420 .7) • Page 6 (410 liases '4'kt:44M "ril • t',,',h ,inotice to the PHA may be given b furnishing to the PHA a copy of the notice to the Psausfly. , , a Y 10. NONDISCRIMINATION IN HOSING. , w;I vls1on of services, or in any other manner, (A). , The ()inlet' a ' tin the ground of age, race, +color, creed, diwita" Unwed parents, families with ' religion, handicap`e ido children born out of viregasir., end recipients of public assistance shall not be • excluded'from Participation.in, cc be denied the benefit* of, the Section 8 Existing Housing Program because of such status. (B}. The Owner shall comply with all requirements imposed by Title inn of the Civil Rights Act of 1968, and any related rules and regulations. requirements Imposed by Title VI of the (C). . The Owner stall comply'with , . Civil Rights Act of 1964, 42 U .C, 3000d et sed., the HUD regµletions issued thereunder, 24 CPR, Subtitle Al Part 1, the HUD requirements a pursuant to these regulAtt and EXeenidve Order 11063, to the end that, in .. accordance with that Act, the regulations end requirements of HUD end ' , • . Executive Order 11063, no person in the United States shall, on the ground of • race, color, creed, religion or national origin, be excluded from participation in, or be denied the benefits of, the Section 8 Existing Hosing Program, or be otherwise subjected to diacrimination. This provision is included, pursuant to.the regulations of HUD, 24 CPR,Subtitle A, Part 1, issued under Title 1/1 of the Civil Eights Act of 1664, and the HUD requirements pursuant to the regulations. The obligation of the Owner to comply with these requirements inures to the benefit of the United States of America, HUD, and the PHA, any of which shall be entitled to invoke any remedies available by law to redress any be - A• t compliance by the Owner. _ k,'''''i.‘," HUD under Section(D). In accordance with any ci etlo ism by 604 of the Rehab�Ritat i ':o . 7 ,,,:gyp, Qwner shall not discriminete against any person on the piS.9g handicap, • (E). The. Owner shall comply with y rules and regulations issued by UUI) under . the Age Discrimination Act Of 75. 41 11. COOPERATION IN E UAL OPPORTUN'IT'Y COMPLIANCE REVIEWS. • The Owner shall cooperate with the .Pand HUD in conducting compliance reviews and complaint investigations plireupt to ell applicable civil rights statutes, Executive Orders, and all related rules and emulations, • 12. PAA AND HUD ACCESS TO PREMISES AND OWNERS RECORDS. (A). The Owner shall'provide any information pertinent to this Contract which the PHA or HUD may reasonably require. (B). The Owner shall permit the`"i'HA.r:Qr�, BUD or any of their 6tith�orized • representatives to have acce;144,0,thit preMiSci and, for the pwe Of audit and examination, to have eccess„,to any)Anoks,access to any documents, papers end reCords • of the' Owner to the extent, y,i;to determine compliance with : ; this ' ' k �` ' •. ' BUD 52535 (5-84) . ,f: (1{8 7420 .7) ,• • �` r :a liti:dei . . .. • I • Contract only, including the verification of information pertinent to the housing ass stance paayments. . • ' , 13. RIGHTS OP PSA IF OWNER BREACHES THE CONTRACT. ' (A). Any of the following shell constitute s batch of the Contracts (I). • If the.Ownechegjiolated eny obligation under this Contract or under any other ImUskiliasaistance payments contract under Section 8 of the ' . , U.S. Housing Act of 1837;.or (2). U the Owner has demonstrated intention to violate any obligation 'under this ContrUt or under Say other housing Q5 instance payments . 937; or contract under Section 8 of the US. Howdng Act O3 . If the Owner hs committed any freud or made any false statement to the PBA or 81.' in connection with the Contract, or has committed fraud or made any false statement in connection with any federal , housing assistance program. (4). For projects with mortgages insured by HUD or loans made by HDD, if the Owner has raged to comply .with the regulations for the aapplit de mortgage Wallace or loan p 'am, with the mortgage or • mortgage note, or with the Regulatory Agreement; or if the Owner Y ' has filed a any feint statement or misrepresentation with HUD In • . . connection with the mortgage.or loan. (B). If the PHA determines; that a breach has occurred, the PAA may exercise any of its rights or remedies under the Contract. The PHA shall notify the Owner in writing of such determination, including a brief statement of the � tj, by the PEA to the Owner may reasons for the determination., `,� �?�. ctian teas verified by the PHA) by a ' require the Owner to tang corrLiKaa QA's rights nand remedies under the time prescribed in the no •• Th ghats, termination or reduction of . Contract include recAYe -' '4". ' housinm , erMin t1Qfl of the Contract. Any termination or reduction of :Q' ing assistance payments, or termination (C)• ccordasa nce with this Contract, shall be of the Contra�act by the PHA i> �as effective as provided in a irrittelipotice by the PAA to the Owner. (D). The PHA's exercise or non-exerci a of k y remedy for Owner breech of this Contract shall not constitute aa, w Or et the right to egerCiie that Ar any • other right or remedy at any time. ,, ;x ' 14. PHA RELATION TO THIRD PARTIES, . x. + + (A). The PHA does not assume any responsibility for, or liability to, ;any person injured as a result of the Owner's actten or failure to act in connection with the implementation of this Cen 'oot, or as a result of any other faction or failure to act by the Owner. , , } X47,4.:, . (B). The Owner.Is not the agent of ihae PHA; end this Contract does not create or affect any relationship between the P13A and any lender to the Owner or any ,"" HUD 52535 (5-84 ) t A.fns,' 'ill2 a, y1 ,!-?4' f (118 7420 .7) . Page `' 19 •page3 404 • A • suppliers, employers, contractors or subcontractors used by the Owner in connection with implementation of this Contract, (C). Nothing in this Contract shall be construed es creating any right of the Family or other third party (other than RVA) to enforce any provision of this Contract, or to assert any claim age t HUD, the ?FL& or the Owner under this Contract. • • 15. CONFLICT OF INTEREST PROVISIONS. • No present or former member or officer of the PISA (except tenant commissioners), • no employee of the PSA who formulates policy or influences decisions with resect to the Section 8 program, and no public official or member of a governing body or State or local legislator who exercises functions or responsibilities with respect to the Section 8 program shall have any direct or indirect interest, during this person's • tenure or for one year thereafter, in this Contract or in any proceeds or benefits arising from the Contract. This provision may be waived by HUD for good cause. 16. INTEREST OF MEMBERS OF OR DELEGATES TO CONGRESS.. No member of or delegate to the Congress of the United States of Americo. or resident commissioner shall be admitted to any share or part of this Contract or to • any benefits which may'arise from it. • 17. TRANSFER OF THE CONTRACT, The. Owner has not made and will not make any transfer in any form of this Contract without the prior written consent of the PHA. A change in ownership of ' the Owner, such as a stock transfer or troofesr of the interest of a limited partner, is not subject to the provisions of this section. Tref etc of the interest of a general partner is subject to the provisions of this:.1petion. The PHA shall give its consent to a transfer of the Contract if the tranferee agrees in writing (in a form acceptable to the PAA) to complyy cif ,; the, terms and conditions of this Contract. The transferee shall give the A 4'7;0 of the executed agreement, 18. CONDITIONS FOR ROUSING ASSISTANCE PAYMENTS. The right of the Owner to receive housingiaasistance payments under this Contract shall be subject to compliance with ell the provisions of this Contract. 19. ENTIRE AGREEMENT; INTERPRETATION. f (A). This Contract •:ontal.ns the entire f,agreement between the Owner and the PHA. No changes/iti •'Contract shall be made except in writing signed by both the Owner and the PEA. • (B). The Contract shell be interpreted and implemented in accordance with HUD requirements. 20. WARRANTY OF LEGAL CAPACITY AND CONDITION OF UNIT. (A). The Owner warrants (1) that the unit is in decent, sate, and sanitary condition as defined In 24 CFR Section 883,192, and (2) that the Owner has 4 X 52535 ( 5 -84 ) t SHB 7420 . 7 ) Pace 9 of 'le - lieges • • the legal right to lease the dwelling unit coed by this Contract during the Contract term. • B . The party, if any, executing this Contract on behalf of the Owner hereby ( ) Owner to execute it on the a been by warrants that authorization hsgiven behalf of the Owner. Signatures: PUBLIC HOUSING AGENCY Minneapolis Public Housing AuthOrName of pHA LI By: �l 1/ 10 Signature Da e signed 1 , ri 1 ' r r • el. rrirams Official title OWNER SHER.LOCK HOMES CO-OP c/o PARLIAMENT MANAGEMENT CONIANY Print or type name of Owner •By: ign urs Date signed ` c ' ifii6,14FS , I'YR-Atb4- Ejv ,tr T Print or type name and titleo ignat�orY ,clT WARNING: 18 U.S.C. 1001 provides, among other things, that whoever knowingly and willingly makes or uses a document or writing containing any false, fictitiousrtor fraudulent statement or entry, in any matter within the jurisdiction of anydepartment agency of the United States, shall be fined not more than $10,000 or imprisoned for not more than five years, or both. K DEAR OWNER T PLEASE SIGN AND RETURN TO THE M,C.D.A. WITHIN 5 DAYS. II' � • MW X2535 (5-84) Page 10 of 10 pa + s g ( i 7420,7) • LAW OFFICES OF • SOUTHERN MINNESOTA REGIONAL LEGAL SERVICES, INC. 300 MINNESOTA BUILDING FOURTH AND CEDAR STREETS ST. PAUL, MINNESOTA 56101 (612) 222-5863 BRUCE A. BENEKE LAW WORK MANAGER EXECUTIVE DIRECTOR MARTHA A EAVES PATRICIA ANN BRUMMER ATTORNEYS IRI)HONG COORDINATOR BEVERLY J.ANDERSON SUSAN M.COCHRANE PARALEGALS KAREN F.ELLINGSON YVETIN M.ANDRADE GERALD G.KALUZNY KATHLEEN M.EVESLAGE JAMES LAURENL'E KATHY MCDONOUGH ROYCE LAWSON MARY OVERTON JAMES A.LEE, H. JOANN PRATTLAURA MELNICK SAI YANG JESSIE R.NICHOLSON JOHN PENLAND THOMAS G.SQUIRE GWEN A.WERNER October 13 , 1989 JANET WOVE' Mr. Lyle J. Eckberg Eckberg, Lammers , Briggs , Wolff & Vierling, P.A. __- 1835 Northwestern Avenue Stillwater , MN 55082 re: Oak Park Heights; City Council action Dear Mr. Eckberg: Southern Minnesota Regional Legal Services, Inc. (SMRLS ) has been retained by Ms . Carol Wagner with respect to the refusal of the City of Oak Park Heights to authorize the use of Section 8 Existing Housing Program monies in the City. I am writing now to state my client ' s interests in this matter and to demand that appropriate steps be taken to rectify the City' s position with respect to that refusal . Ms . Wagner ' s eligibility for the Section 8 Program has been certified by the Washington County Housing and Redevelopment Authority (HRA) . Accordingly, a Certificate of Family Participation (CFP) was issued to her by that agency on October 3 , 1989 . Under the terms of the Program, her Certificate must be placed with a rental property owner willing to rent to her within sixty ( 60 ) days of issuance of the Certificate and all leasing documents must be executed and filed with the agency. If the Certificate is not so placed, absent other good cause, it can, along with Ms . Wagner ' s eligibility for the benefits of the Program, expire. Given that a typical Section 8 subsidy might be worth $4000-$4500 per year to a participating family, the harm resulting from lapsing of eligibility can be great . My client has , as you may know, established residence in rental housing within Oak Park Heights . The landlord is willing to rent to her under the Section 8 Program but can not now do so because of the City' s refusal to act upon the Resolution of approval proposed by the HRA at its meetings of September 11 , 1989 , September 25 , 1989 and October 9 , 1989 . • 110 Lyle J. Eckberg October 13 , 1989 page 2 Because of that refusal , my client is incurring additional rent expenses of $11 . 49 per day. In addition, if no action is taken in the future, she will , of course, be obligated to make payment of the full $485 . 00 monthly rent on or about November 1, 1989 . It is our position that the City' s refusal to approve the proposed Resolution constitutes an unfair discriminatory practice under the terms of the Minnesota Human Rights Act . In addition , the City' s refusals are actionable as a violation of my client' s rights to due process and equal protection under the United States Constitution and the Constitution of the State of Minnesota . If necessary, Ms . Wagner will seek judicial enforcement of rights pursuant to these provisions of law, including an award of compensatory and injunctive relief, and attorney' s fees . Given her meager income, Ms . Wagner must have action with respect to this question before her rent next comes due on November 1, 1989 . Therefore, I would ask that the City respond positively to her demand for approval of the Section 8 Program on or before the hour of 12 : 00 noon, Friday, October 20 , 1989 . If a satisfactory response is not made at that time , Ms . Wagner will have no choice but to seek relief from the courts for herself and such others as may be affected . Please feel free to contact me if you have any questions or concerns which you wish to discuss . I look forward to hearing from you . Very truly s , 7 • Gam- —� Jame- A. Lee, r . At orney at Law jl: cc: Carol Wagner r { ; • • To Oak Park City Council: We feel your decision to deny Section 8 housing funding to the woman and her four children was extremely unfair. Obviously, this woman is trying to start a new life for herself and we feel you have violated her rights to live where she likes. We feel you as a City Council have no right to decide who does and does not live in Oak Park Heights. The next time there is a city election you should have a referendum vote to let the people decide whether or not to allow this type of housing : /J _ a/12/22A) heh,xi (,DWG / Vie-`�2 ai h� 'Gy ` % , _ ///‘0 144 ,67 e ., A ) , /)y°6e_ ��..� /27Co • " -c ) . 0,P- - c� J « L C. llw& f- ,% •_/� /igeY� i&I-'474'01 97w , 2/64'. L.✓.4... 4Aker4 ' --' . , A ,�,O • ti,� - f l �'-, 4 rsvfitiitsel , ,p-t AM .,,,,,o .,- I I, ki j I ►'I ___ r_ (t -IP/ 6� �.. F,( d/,. ( tom.. /'l. J/)/%a.ZL - ;. '10 - &'3c, i , 4.-,,, Hi (. . sc) i). / / / •-......- /� 6 Pitilki 6t4)e . ?1 ,ic.A"4" -%,l�fii%l�Z"�' 4-..,' 1G /(7/- r. L t( 4.44.--Z /"(2>ih- A,..-L:t. • • To Oak Park City Council : We feel your decision to deny Section 8 housing funding to the woman and her four children was extremely unfair. Obviously, this woman is trying to start a new life for herself and we feel you have violated her rights to live where she likes. We feel you as a City Council have no right to decide who does and does not live in Oak Park Heights. The next time there is a city election you should have a referendum vote to let the people decide whether or not to allow this type of housing 1 Akkarkj . F- • • 4 KINGWOOD MANAGEMENT PROFESSIONAL REAL ESTATE MANAGEMENT (612) 439-7812 812 P.O. Box 2010 • Stillwater, Minnesota 55082 October 9, 1989 To Whom It MayConcern : oncern : Our firm presently manages several units in 0 We have one of the ak Park Heights . partners involved with the Greenbrier Apartments that has expressed P sed their interest in the Section 8 program as their units do qualify for rental amount necessary for the program. In the past ast year, this particular complexhas turned away three ood potential renters. This owner, along with other landlords in Oak Park Heights , is willing to give the 9 s program r P am g the chance it needs . Sincerely, &t(16r, A:52:4 Carol L . Greethurst Residential Asset Manager KINGWOOD MANAGEMENT A9,4 �i�,IA Telephone (612) 458.0936 •� Telecopier (612)458-1696. Washington County Housing and Redevelopment Authority Park on the River • 455 Broadway Avenue • Saint Paul Park, Minnesota 55071 EXECUTIVE DIRECTOR Dennis L. Balyeat September 25, 1989 TO OAK PARK HEIGHTS CITY COUNCIL: The following is a list of cities in Washington County that participate in the Section 8 Rent Assistance Program through Washington County HRA. City No. of Certificates Bayport 5 Birchwood 1 Cottage Grove 57 Hugo 0 Forest Lake 16 Lake St. Croix Beach 1 Mahtomedi 13 New Scandia Township 0 Newport 54 Oakdale 83 St. Paul Park 28 Stillwater 77 Willernie 0 Woodbury 33 Total effective 9-6-89 368 BOARD OF COMMISSIONERS District I,Thomas Paul • District 2,M. Neal Erdahl • District 3, Robert Lafayette • District 4,David Kriesel • District 5,Elmer Morris , _ • northwest associated consultants, inc. MEMORANDUM TO: Oak Park Heights Mayor and City Council FROM: Robert Kirmis/Curt Gutoske DATE: 21 September 1989 RE: Oak Park Heights - Apartment Survey FILE NO: 798 . 02 - 89 . 19 BACKGROUND Per the Council ' s directive, our office has surveyed the City' s rental apartment stock. The following discussion and attached table provide a brief summary of the survey' s findings . It should be noted that survey information regarding the Pond View Apartments has yet to be received. Therefore, the accumulated information, while still providing a valid representation of the City' s apartment supply, is not totally complete. SURVEY ANALYSIS Number of Units . Not including the aforementioned Pond View Apartments, the City of Oak Park Heights holds 272 rental apartment units . Of the total number of units, the vast majority are either one bedroom ( 53 percent) or two bedroom ( 43 percent) units with three bedroom units accounting for only 4 percent of the total . Rent Ranges . Survey results indicate that a wide range in monthly rent exists for both one and two bedroom units . One bedroom units exhibit a rent range of $375 to $503 per month while two bedroom units provide a range of $475 to $740 per month. The range in rent payments indicate that existing apartment rental units within the City may accommodate a variety of income levels . 4601 excelsior blvd., ste. 410, minneapolis, mn 55416 (612) 925-9420 fax 925-2721 Subsidized Units . Of the total 272 units inventoried, 35 or 13 percent receive subsidy payments . It should be noted that the Raymie Johnson Estates are the only apartments within the City which offer rental assistance. Typically, subsidized units do not hold fixed rents and are based on the tenants ability to pay rent. Vacancies . Currently, apartment buildings within the City hold a vacancy rate of 13 percent . Generally, this rate may be considered high and may suggest that there is not a strong need for additional apartment units within the City at this time . The Metropolitan area average vacancy rate is 7 . 7% . The City' s vacancy rate, however, is virtually all due to the vacancies within the Oak Ridge Place Apartments . Thus the overall vacancy rate can be somewhat deceiving. Tenant Characteristics . Apartment managers and/or owners have indicated that the majority of their renters are either elderly, young couples or young singles . Additionally, the managers indicated that they have very few family renters, indicating that first home buyer incentives make the purchase of a single family home financially more appealing than renting. Amenities . The majority of apartment rentals within the City do provide some type of amenities to their tenants . The most popular of these being garages and laundry facilities . Most apartment managers and/or owners feel that such amenities are important enticements in attracting tenants . Need for Additional Apartments . Of the seven apartment managers/ owners interviewed, five of them felt that their is little need for additional multiple family development within the City. Those managers who believe a need for additional rental housing does exist each qualified their viewpoints by expressing the specific need for subsidized units only. CONCLUSION Based on discussions with various apartment managers and/or owners regarding the apartment buildings which lie within the City, the following conclusions may be drawn: 1 . With a vacancy rate of 13 percent, it appears the market for multiple family development within the City is not particularly strong at this time. 2 . Two of the seven apartment managers/owners surveyed expressed the need for additional subsidized rental units within the City. 411 3 . First time home buying incentives have contributed to the decreased need for three bedroom rental units and apartment buildings which focus upon the needs of families . cc: LaVonne Wilson Lyle Eckberg Frank Leier ( � • • o O O r-I ,- v ePy. rif -1-) In to N Ln 4 d' tip O h. ryO d- ti CO • N 01 CO P I rZtlin 14I' a) ,fY Ni ?i;.:'_'r,t•A -o 1 1 1 1 4 d' LC) 1 O N !�.'". ? 'rte••. R U I Ln r•-I CO 4 I l 1 d" • N 4 45,."011 4-) C r. N ^ °\° M ll- O ni _ ..�_ O S- C1' I I I I 40 Lt) I I c) 1.0 S- -p 4-) r-I r-i 4•-1 e--1 a) OC Z to to V) >- .c, CO a) t I- = E 0 5 = O O CO•. O I- Z I--I Lit L).1 _ >• .-., I- a) ,......, o •--. 4 I-- E f= Co in v d- n.. f1 Z O its d- LiJ 0 CL I ^ ^ .--,. I E S- f in Lt) CO Oti 01 O 4 d• O in 01 O O r--I In 4 I- -O -I-) N Imo, .--I IC) N d- ..-. CO n M O N h. O 0 Cl) c d to N- Z d- to to ed- CC CO a) 49- 4 be} IA- 479. LL 0= CY •..i `i `- v .-.. v `i O Q N....-.0 >- o I-... CO I-I O1 i... -. 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I- tl a)in S. t• rtf •-•4 ra X 0(-0 r0 d- raf d- •-)O 1-1 4 CO r-I Cl!) •-+ 0 10 0 CD a r-I = ,--4 [L' r-1 c/) 10 U JUDD ORFF S Ak0Cf/XTES 305 So. Greeley allwater, MN 55082 • (612) 439-5450 September 18 , 1989 To whom it may concern: Judd Orff and Associates manages approximately twenty-two (22 ) units in the Oak Park Heights area. it would be an asset to the rental market of this area if Oak Park Heights would consider allowing the Section 8 Program. Sincerely, est-g-&45;),. • (54-9-tk)._ Judd E. Orff CPM® JEO:sp 7 �,fI ,y t r c // 1:. A' t Leasing and Property Management _ _ — nerwMPsaar.NOV. I, Iaaa "''"M ? 'ig)" Oak Park Heights fights suit ltiple gunshot wounds..A ,> .,.. the seen said Inspector al:le low-Income nrental +bias. .. , By Jim Broede • r ,,. the city has violated the Minnesota `area that already have approved it. digs in fire Staff Writer Human Rights Act. 'Y Lee" replied: "We cant excuse l Duluth man was killed in Oak Park Heights city officials 'The city is saying to Wagner;. the action of Oak Park Heights of- . e in Duluth's Central Hill- denied Tuesday in .Washington You can live here, but you cant finials who say,`We're not discrim- inatingis said. County District Court that they des- use a federal assistance benefit,' :against you because you and that's what the Human Rights killed in the fire, which criminate against low-income peo- can go some other place; where he basement of the house. ple. Act prohibits," he said. 'It's des, they won't discriminate against. 'ughthe livingroom floor crimination based on income. you., ;, • Carol Wagner, a financially y ,. , by the time firefighters strapped single mother of two, Vierling said Oak Park Heights_ ,,„.,•t ,r -t • arshal Dave Mattson. • filed a lawsuit alleging disc ' ina, does not discriminate against low- Wagner is. renting a $485-a- blaze 485 a-blaze was unknown,Matt tion by the city because it has income people because 121 of the month apartment"in Oak Park ped to be the cause. failed to approve a federal rent 357 rental wets in the city are cc" Heights.Under Section 8,her share subsidy programcupied by households'with other of the rent would be about$130 to 8. y known as Section types of rental subsidies ea ; $140.The government would make on ballot "That's a high ratio of'low=`and up the difference The suit is intended to clear the „.,hd ` - moderate income housing, way for Wagner and other low-in- David Graven, an attorne re • dim be held Tuesday come people to qualify -.even said. city officials are proud of' y P- :, ,,,., resenting the Washington County DI Dis1a pay for con- it f s. Dol on district's west over the objections of local offi- '� � _ Housing and Redevelopment Au- cials -for government rent subsi- Lee, m•eanwhile, •"`argued' that thority, urged Judge Maas to find Don Rapids Senior High dies of up to 70 per cent. City ap- participation in the Section 8 pro- in favor of Wagner. ' 'royal is required,according to the gram is an arrangement between a >> .. e for the addition of 3,000 Metropolitan Council Housing and private tenant and a privet land- "We're cheering for the plaintiff next three_years tothe Redevelopment Authority. lord and that city officials have no ` as a policy matter," Graven said. - V-, Judge Ken Maas listened to ar- right to interfere. i ,.: i , :s 1s, : "We feel local approval isn't neces- • guments from both sides and took Lee said the interference'from sary for the Section 8 housing pro- the case under advisement. . ';, some city officials -= by opposing gram. y CityAttorney g the Section 8 program" 1k a tante-• -'' ' Mark Vierlin said But David Theisen, •assistant ,..,;,10.,, '� mount to denying local residents" �0>1'l,Qr city officials have not discriminat- a to reirtal ro because counsel for the Metropolitan Coua- -, r' ed against anyone and that theye receive welfare ''' , 4 �,testified that state law requires lye director of Katandin have the right to pick and choose - from a private foundation. 41.11 his agency to obtain local approval des, has been named between a variety of rent subsidybefore implementing Section 8 pro- nopka Award for Service programs for low- and moderate- r Vierling,however,said cityiz grams. income households -" dais object only to the Section 6.i ,t: " program and not to the .other Metro Council officials said the ally by the Citizens Coun- No law requires the city to a ,.. are aware of onlyone other Twin ,• pp-- Dims of assistance. risela Konopka,professor prove the Section 8 program," Vi- f Minnesota and founder ening said."It's optional." ': He said Wagner has the opportu- Cities area community Oak Felopment and Research. But Wagner's attorney,Jim Lee, •nity to look for.Section 8 rental Grove Township in Anoka County lonorari said that in not accepting Section 8, housing•in the more than 100 other refusing to endorse the pro- P g communities in the Twin-_Cities. gram. - •., .•• to .c. State •u iversi enrollm tent at record W n ,is based A s o lathe fifth straightsucceed"' R 7,100 hive director of the Min fast four years,Is resignrecultural diversity is continuing to "increase, to 7,513 from last year, fall ' fall.Enrollment at Moorhead State Washington,, `r` enrollment in Minnesota's seven The largest percentage gain•was was up 5 percent, to 9,141 from s 650 community-based state universities has exceeded at Metropolitan State University in 8,723 a year earlier.It marked the >rganizations,such as the .previous records, Chancellor Rob- the Twin Cities,with an increase offirst time that enrollment at Moor- mind'the country. During o ert Carothers said Tuesday. ":::14 percent from last fall, to 6,602 head has exceeded 9,000. Bemidji 6 Project grew from a A report; from the chancellor from 5,799. Southwest. State of State registered a 2 percent in- sum to a$2 million annu placed systemwide enrollment at Marshall ranked second with an 8' crease, to 5,261 from 5,169 a year nployees and more than'''.4 up 4:1 percent from last , ,percent increase, to 2,959 from" ago -. 1 ' ° d f„s„ •; ` m, ,fall's•level of 61,796. There •has ' 2,748 a year earlier. ° ' } , 6 ` � been a 33 percent increase over the St.Cloud State, which continued' ' B Clposition Y� past five years. Minority student as the largest school in the , ` , "1>, _4 enrollment has :increased b y 14 nixes n"' -� article in,Tuesday AM edi- . y had the smallest perVentage •m tions ofthe Pioneer Press Dispatch new city administrator, percent over the fall of 1988. t >, crease,,0.6"per cent,to 16,534 from incorrectl stated the amount that (new for in Rush •„i.Carothers;lathe system is see-t 1,6"431 last fall. Mankato State fol- .7th Ward City Council candidate u start Dec.11 ata '•mg significant increases in the k"lowed closely'with an.•enrollment Dino Guerin has raised in the,past v"• , .,,`' numbers of students transferring of; 16,315,up 3 percent from 15,826. two months for his campaign. The r bout a..chief administra into state' universities. He said the last fall. i;; I amount he has raised since Sept. 2 r eseph.Chlebeck was system's"renewed commitment to ' Winona State showed a 6 percent; is$4712 ti... Chlebeck worked in the , . Darted full-time clerk in / - �� ii �ican i - .►�riiieiiiiiseiseiiiiiiiiiiiiiiri►ice... ►,1hflhi!llr1td1iI!1mhF!E. —` Y:::f�Zc'±tf ... .o '�Ef,•'O"', • • -'s "071. mColD ii. D; Ob and r5cD`C G tia.+ ° _ r�°, ° ^ � 'UngJu p:.G 6 1,t 'y map o' �,gc' 7C•67 ro a '44 4 --m Oro G = .,- �y »,Myo m /t i ,• F 2 x•'. �p �G y rr, D �•J ro (p �r.N 3 �, owm `' e. N m m,w O (D O t„." S 2d . 5' 5'P.O - mp m Ner'C y o ,.. . co .tri) 01 eg°0 0.. 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WBS, ,G m N , X'Vf) �H •m d, = fy d ;ta i 4,0 _.frn IV rI r M° 1`,q," w , _� to © -p ��•co�- m OBD y r.cbg. cc: p vv a \ \ --‘,,J li .'1,,, ,]',,,t,..;:.41,:! i ,]',{..else+{ :i 1,.Il r� , N,X m © r t0 j -=ONO * Nan•a•cp .. , O i '"� ola ' u , 1," ! I"kkk 1.-ti...° Ai= m a-.t o•°1 �' <'m o V+ V°� o v w 7 o r .c y'O Rr '. N a A 4 ' •' '. : v��\ • VJ , I t•ri o Er, i,°D 7 •w A• W caJoo um, mo C y vv �;,-? ' , a:� c oAoaD3t° ao a° wk'm 7 a'o o n • STILLW A ER EVEN G T B ,,9€ ESOTA WAS BORNtt 1 - - • .:... PRICE 35 CEN' ri aanor essimminsimisassw - council i a arke■ h i ;� , . . hears funding pa1 4c 4, , BySUSAN J.STONE t . are many working to be productive(contributors to the ; i ' ° News Director community). 1 � . Although Section 8 funding recipient Carol Wagner' Z. Miller,6113 N. Stagecoach Trail,stated her con- ,4 �: and her request to reside in her Oak Park Heightscern `the bad reputationPark i h ° .. , 8h about of Oak He g ts. It k`2 '�,i ` k' ' t. townhouse under the funding certificate were not on makes me feel very sad. Calling Wagner a `good �. I.' , �, the Oct. 23 agenda of the Oak Park Heights city coun- woman," she said, "I think we have to have a little F ter. cit, the issue was alive and well in city hall during the confidence in people and I have confidence in ycu(the a ,' meeting. : council).• ' „:�°',,-zz•-. 4�a`.: $'3•,` �$ h' x„ �;:+ The controversy was spawned by Wagner's appeal After listening to the statements, councilwoman. ' ;, 4. ,,,,,,I.V., ' to Oak Park Heights that she be granted federally sub- ,Barb O'Neal reminded the audience, "We have neither Y , fail " sidized rent. Wagner's request had been preceded by approved nor disapproved" the request byWagner. another woman's similar appeal for Section 8 funding !Mike Knutson, 14315 N. 56 Sit., asked the council :i s ,° that was tabled by the council.The issue was tabled for what they had been hearing from their constituents. ' a` u `£ 3 lack of a second, motion on the decision. Because of . ra "No comment,"replied Mayor Frank Sommerfeldt. , " ',' the continued silence Wagner filed a lawsuit Oct. 20 ked "Isyour favorite color laid?" � � • �r • a", Knutson then a.i P �;R,,4<„,4,4„.1,,7,,,,V4,/, ° � � ... against the city. The lawsuit, based on discrimination, In a telephone conversation with Sommerfeldt, he 4 �°.: '' °k j °` �' r" alleges that Oak Park Heights is in violation of Mine- ,. °� told the Gazette this morningthat 4 to I, the citizens t t;A 1 1 F v , sow's Human Rights Act because of its refusal to act „ `� � � �, are behind us, the council. He said that 'Tuesday, f '" on Wagner's request for Section 8 funding, Y ;� ' Because of the pending lawsuit, city council merit- making at 8:15 a.m.,he and council members would be I10:41,h „., '' tiers were advised to make no comment on the matter. making their first appearance in court. i , l pV However, a handful of constituents did speakon Also during last night's meeting, city council #, adopted a resolution to implement a fact finding study '" ':' ,},t; 1i Section 8 funding. Oak Park Heights resident Pat Am- s � �, „ t merman. 14583 N.57 St.,appealed fust to cite council, to explore the feasibility of Section 8 funding in the 1 , ill ,,f .4: 4),• r < eft: 41; "I am outraged against this lawsuit. I think it's an city. The study was first discussed by the council after r , abuse of our system ... This Section 8 sounds discs- the Section 8 funding issue first came before them 1 ,:" ,, .*i' y ,`; trous :.. If you wanted something, you worked for it. Sept. 1,1. , , , 3, t.,,t -r� � ; ', . ' r h It's'the American way."Referring to the city's Section Conducted by the Oak Park Heights Housing and °>a " 1 , 0 'x Heights. y study will show current "01,,,z,,,.7-;,11,-;$4:4!...;..r>' ' ` F:, ,, •' 8 housingsites, Ammerman said, "Oak Park Authorit ,the . _ is doing org fl tl,XP 4,:.--41., 44a 4 ipi+c d,p,piiJ►iion and lousing n� .incJgdin8,4,.. velous job." •. low and moderate income population housing needs as Carol Wagner And Ken Noyes, 15325 N. 58 St., expressed his they impact housing for all Oak Park Heights citizens. concern that land values will decrease if Section 8 The results,according to Sommerteldt,will provide the • fundingis implemented bythe council. council with "some figures togoby" ' Hegberg wins DIs# 1 recount P '' gur s in considering � A resident of Raymie Johnson Townhomes, one of Section 8 funding. By NAUTA WHITE. several Section 8 housing facilities in Oak Park He added, "We may not be able to get the true Pie- Staff Writer credited Hegberg with 1,019 vote Heights,noted that"I,too,was down and out. ...But,I cure because figures are from the last census. Then Votes have been tallied for the and Rydeen with 1,011. In th work over 40 hours for a living. I put kids through again, we might get something from the Metropolitan Anal time in the.District 1 special recount, a single vote was chat school.I'm not living off the system.But,you do need Council. ... We'll get the total picture. Whether it will help. ...'We aren't garbage down on 58th Street.There change anybody's mind or not,I Lave no idea." election for County Commissioner.`lian estr�use said was tcspers rked After a recount, Dennis Hegberg of strangely said a spokcspersoi I Forest Lake City is the unofficial for the Auditor/Treasureis earice "" "'""'" I winner with 1 (117 vntec- L Iter The canvas hoard will nuu. tnrtfnr „rn.yw,Myry Y' ♦ r .i_ .✓.YrMMYk4^ .. .. .. ..'+ .., .. , ...; :_. ovP JIL ❑ ETER r' rs•cr� z �,""R,” . m ,ov° ","`',17,"r:'2'"'"1:',,'""' ;',"',71- sa a rn�y^rr rz .a� aas °«°,� 1.. : a,' .;. ,,A'�' d^"";'rI', ,r7: .`a n `"r ��„ ' e; » (� ((}tom u �w mss.. ° ' 8& AO, , �'",,'_.' nk� & '", sQ y ,,, � �a`�" _ qe - `+, ;1ya: s [,., ''•/ V� able - ' ., \ .,',14 ,-",,„' ' sc - 'Y4 x x aE ' .4" 8 a s , u a � � X� _a : s, F �y xY�; .; Tonight,clear and cool Lows �, v, � , ,� ' ''t'Fv'p.,:.,. ' '' 4. �Y ;t f �-{',`� id,° 4yv"3+ to �>�, ,.�v�� :, (,.,.......,ce,,„ � � �� f �:� , near 35.Wind tight and variable. ti ,1:44-4-7...,.4,,,,,‘,.%-:.?r s., �* v d � ,,. a, s a ,. r �Y k, :r u +n�a s , g as , s° �,� " , r � ,,.�y' ri.f�'' d� jq e Saturday,sunny and mild.Highs ��,i Y'�*� ��` �a x e �, "„,,,/,,,,,"-;',,,,,,:;::,..,,,,,,,;,4,:,:,,,,,,x�" � rt � 'L�k ;fi � � .� > >ff'i. about�. ';'-_,..`"i1„`'"..".„.^seta ;" �,: � � . vey a;'b , x /, a n E , ,� ,u i �. �„ � �s'er r t, �S 3 a� � : u:'.ms i_Sri r�,', .. i,�' ,,��,L..`°'`' :>ttr s` �'' � .� Y .yi. � 5� � °k '� �x a. . .� � a�» .,, `ri:�a ��.�� d ,�.4n�� "x..s �.r.. '°, rat V :.�ry �.:,3a�a��4�� i to • ,, , ,,„ . FRIDAY,OCTOBER 20,1989 5 BORN ev, PRICE 35 CENTS ,PAri ' Nis '„ p<` " a b z �' .9n ,•:• ' T - . i NS{'s. k'YC F , kF ,� °y , , • f ' ntsheduied--:•fotDis1SUkni lawsuit t . By SAN JSTONE Wl[ITE said the spokespei;son; `ry News Director r Ryden vvas also involved in k Early this afternoon Oak Park Heights city council was to be served no- kydeen, the May the last recount in recent county „ tice that it is a defendant in a lawsuit filed by Carol Wagner, 39,of Oak rindidate for t7istdet history. In 1984, Rydeen was ,1 ,' . Park Heights, which alleges that Oak Park Heights is in violation of Min- C Commissioner, has defeated by John Jergens. The „ z nesota's Human Rights Act because of its refusal to act on Wagner's re- recount of votes af- recount revealed a 57 vote dis- � � g ° A quest for Section 8 funding. ' special election: crepency in the initial tally,with � ,, Wagner and her lawyer, Jim Lee, have scheduled a Friday afternoon returns credited Rydeen gaining 31,,Votes and 0 , ' �� w press conference at the north end of the Washington County courthouse to !gberg with 1,019 Jergens losing 26 EJergensr thai'h .' ., � ., 4 further explain their actions. more than Rydeth s 1,ai�lied a'"; m jority, of votes` � : �� The lawsuit comes as a result of the council's Sept.25 tabling of the is- �erg resides in Forest despite Elie recount. -."4.0./411',‘� y � v " " „ �� sue concerning another woman who had applied for Section 8 funding, "Usually anything less than a; m ` � s % along with the continued silence regarding Carol Wagner's request that ig to a spokesperson ,' ', �x� ''''''1:-•';4''''''': ' ° she be ted federall subsidized Section 8 fundigg: • hty Auditor/T'reasur- � � T� Lee said he sent a letter last weak to council members requesting that recounted, said the $pOkeSperP 2 is r a recount requires . K � • t• hey reverse their position on granting Section 8 certificate funding in son. Anything can happen Last �� ,�„� �° cites cYL ited, ;10,,,,4-,',V,, ,,,--...:)'",, j , ,. the city or indicate in good faith that they will change their position on the time most of the errors were �' q by pr I All found iii the paper ballots, and l ' a matter. the special election this time they were all paper." � f z � . n "We have heard absolutely nothing,'" even from city attorney Lyle -and- paper, as op- <• ' tt. Eckberg.Lee added. thine ballots.ballots. �, Four members Of the auditor/ ', % "We need relief now," said Lee."And she(Wagner)is going to suffer ;ount them to make treasurer's staff will conduct the; 5-.evste�r Rydeen serious injury if she doesn't(get help)by Nov. 1." imbers say what the recount. The process is open to be stele at 9 a.m. next Tuesday Lee offered no explanation for fthe council's hesitancy on deciding the s ported they said," the public to' watch only. It will' in the County Beard Room. not aecuon issue:fact. t s a prejudreference to ice.e imagePeople on`Section 8 are eopllo different than others ' in society. They just don't have the money. What the council is saying is . future.s you are Section , We are talking about a fundamental u damoental going to be a problem in the , � � ,a 'o-•' y,aY R,Yc 2 '1"7'7"::- R',rM """4K7,1,:14'''''''' �, ou y� f ' right that we can live where a 1 �I� (w '; ` r i� .::,,,,„,„.,..1.4,,f ` we want to live.,,:'.' ` �� t � � � � � � .yle Eckberg, Oak Park Heights city attorney, seemed confident that {� �r 3 r �_ .x �` the city will remain unscathed by Wagner's efforts.,"There is nothing we 1 `1 f� , ' •-.,1*..„> k ,gate, �,` t = can react to becauise there hasn'tbeen a.meeting of the council(until Mon- a..\"�I� — C $.w e' s ''°''' t 't r '' day-evening)." 41 e ay' � xe:,'14- , - � ' ' � s �'�..i."'-‘'....',..iAbout.the letter received;by council members last week, Eckberg W c`h'ee :"p 7 ` , „ 4' :7`" ';, ''„ 1�,a; '.4",0'., ' „ , `' -",�. '' •-;t .. the e. That' pt ( ^off y7�� o ,S4 y �' "t',,?•'',:','''',7';,:' ,7,'' 4 s: � "� Yw` ,td ;r', ~,,I,.*., � i ''�a�'c. .Qt��f`d�').a� slits .S 3I@�;� • �? 1°44'4'1Y.: a.{ � � •. � `�`ia1..1".„,,,.4:,1"4:2` n k �' �., C� k ,, aA•e q. a `.1h�:��`s,rii'�Y,k�°-�?ar°.r..a•+4 -, ' [� �- lt H �a t .#�!�""� 4. }, t`3 '1,"::,,, kn: 9 .f'°"rC '.} 6` 2YW':l.a.�. `5' aid the 4111,1t sol on a �"' z v s ''r S 7«� ° i : k ,„� , a. . ` �; `',,,‘`1:. l Fa; ' ate As long as this is presented properly the council will consider it.Refers cdon of Oakland's ' ,$ & - ring to Wagner's appearance before the council at their last meeting Oct. may not be as high as .• , t ay e i' " x z - z X4.0 N,l r . � � 10,,along.with picketers:from•Family Violence Network, g way.. also , , g �f :k't--i.;,,.x1 z� .5' -,d y - .stated that `ps^yehologicafly,they are going about it the wrong way. The ed tit Moffett Naval , ,, �, • r ., r � �. , '" . „;• eCri tii4-, 6 f.. might b nark,, ed women and they wren t against Sectio on ap- iit 40 miles said.*of p, fk ,,,,f,4„,'.-: � ; t\ I' "'; ;'' g£ ' patently,s hey'int final maybe`they will and maybe they won abOiit 8.30 a:rt, du a� f ' �� '� �s��-.�'�� Er�c�rg'`'sal `at the outcome'depends on what the council hears iviite It 8:/n tri 10- 4 . r r . ,, -, , ',- -- from'its constituents. ;fore�taking a helicop- .� ,`;',''..0,.1%''':"..,,„.".,...,,, ,v;',,"--,.4„.1,,,:.,” „ �� .� ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,4:,t,. � � lo.', t .. Santa 01117. 1. r Y�, a..... -.CJs5.av�,y�e,w ^ftW w`.a m.ar, tae �• i W : _ __ CAR-RT SORT -_; BULK RATE U.S. POSTAGE PAID e Courier Stillwater, MN 55092 ,i Permit No. 458 r_.a 40 Serving Stillwater, Oak Park Heights and Bayport IIID 12( ' ' t., Stillwater, Minnesota 55082 -4 430-3037 Thursday, October 19, 1989 1.. a ti .�' '.' tr ' ,".._ ' � $s 7x1p: n . ` -- , J - • 4ttla `rot rY 3? �, ' i ^ te" p • {' `'i m '.!,:.41,,,,, , ' a ,r , .; " 4 N' , " ' r t'g' i3O 6, ,< '�r. 'wB �� s ,IA - ) R, t L , ro �, L:11;!:v.su ir 'v :':,,,?::,,:,0 !J��k# r krrt ; � !Fw :I r i , ,' � trY7, �* " � , �I !(1 t . k� t ''''''''''''4' �_ ' s ' Xo- � tr � .'t. y$ r ' � Mi. '� if!' . f� a � + tpR*AV': � � e T „ ,1 ,, ,k 4 ,* roy ` sVi, * tr ? IP ,„0„_,1.4.,,,,,„ . ' ti 4'..1r:40 \a ' b e •1s int® f 5 yw 0. Wt nteA R . 'X a, sf* ' 4i ' 1 =: _Vr ; } ; i, ae ,'.,i M:: � K`'4 "" „ 47,-•.:1.41:,,,,,,,,,,i4,..._ a1W+ ' , pumpk • i , . ,_.. ,,,,,, . . 0 ,4 ,, � ....-,...., . . N . . r 4. t, ''The Axdahl brothers,Larry � ., ,�and Ron,have something more / .o1 � ,r` �' 'in common than their last name. , , `«` 44,::: a "` , ,...-..,4•,..i)*::,--:,,, trotThey're both into pumpkins. ,: `, . r ,. r , � � Ak :, `Tt�t#k�1 , 3� 4,trstr �4 � y C , !{ s r z3i 12 sCattrrrieydggroetwtisng'em" rIRvneOthsne'em m`xa ::;:!� ��t�� 1 wa� ' vgr :r a7 ,,:, :::,,,,,:`;,_:,:',4::1!)i4,,.;:::.:717. i`w v "ih tt,Sw�,. � wt o ”t1,"{> 1f� �F�t�a r5', 4iS .,:: �.'^ �a� :� i��7 : , ti f �+a�u .� _About 10 years ago, eRhoinveca" annual Halloween pumpkin- r � v;, = r , _ it i . �,, } -,carving.lie carved various ns into 30 of the orange The Ron Axdahl residence at 154 Mallard Court, year. This year, the goal is to carve 1,000 pumpkins for What first year he started Stillwater, was aglow with 639 carved pumpkins last a Halloween treat. Brother, Larry, donates the fruit. being creative(wife Diana's assessment of how the Axdahl with family and friends,carved hoping to carve 1,000 pumpkins. But, Diana says everyone has lot pumpkins was enjoyment "pumpkin patch" began). 639 creations-ET,witches,hats, It took about 25 people of fun,despite the lack of sleep. enough. Well,the creative carving snowmen,ladybugs,200- nearly 36 hours to carve 639 Last year,Diana figures she And,that's what the Axdahl was so much fun it became a pounders with Weber grill covers pumpkins starting at noon bought every candle that was pumpkin patch" is all about. It's tradition,and it's a good thing for hats,not one looked alike. Sunday continuing straight available in Stillwater,$75 for everyone to enjoy. It's the Larry has a real 30 acre pumpkin This year,the Axdahls and friends through until mid-afternoon worth. She also ran out of candy, Axdahl's way of wishing patch and furnishes the fruit free arc going for what must be a Monday. So,this year is certain but the kids didn't seem to mind, everyone"Happy Halloween," of charge.Last year,Ron,along Guiness Book record;they're to be a marathon carving session. she says,seeing all the lit carved in pumpkins,of course. 'Peo le' are atchin i p on 8 issue IIV.VAOPH Lucy Chaves of the Washington community had refused to approve a Chaves said she had been at the Sept. meeting,Baytown Township contacted her County HRA was at Tuesday's Section 8 housing certificate. 11 and 25 Oak Park Heights council requesting information about the Section 8 Washington County Board meeting with a The person requesting the Section 8 meetings regarding the Section 8 program. program. She sent the requested review of the Section 8 federal rent certificate at the Oct. 10 Oak Park council If anything, she said, the latest request information and by the following subsidy program.The review comes in the meeting had received her certificate should have been considered under "old Thursday, Baytown had returned forms wake of the city of Oak Park Heights' through Family Violence Network. (The business." Chaves noted that 15 agreeing to participate. recent refusal to approve a Section 8 Metro Council makes a certain number of communities in Washington County Chaves said she's not sure why the certificate for a woman with four children subsidies available each month to participate in the Section 8 program. "I local units of government have to approve and an agenda problem with another domestic abuse programs.) The woman can't believe there are a whole lot of the certificates when no local dollars are Section 8 housing request presented at the was informed her request could not be irresponsible towns and cities out there. involved, "It's just always been that way.' Oct. 10 council meeting. considered because it was not in the proper There's something real personal going on She said, "The intent is to work together Chaves said there are 386 Section 8 agenda order.She was told she would have there(Oak Park Heights)," she said. to provide affordable housing to low- clients residing in Washington County, to request that her name be placed on the For example, she said, the Friday income people." But, she said she is and, until Oak Park Heights, no Oct.23 agenda. following the Sept. 25 Oak Park Heights (See OPH housing issue p. 2) County Road 21 is back on ,rt '< >y Afton City Council agendaB, . < Town Crier She Washington County and negotiations with county and the event actually brought in : , , Li+ )1.:4'---- - 2- .z '3 Road 21 reconstruction project staff. some money for the fund.) has been the topic of a heated One of the major concerns of The Defense Fund group has Correction yard waste. Rocks, sod and dirt controversy in the city of Afton. residents who oppose the project retained attorney John Staunch The Warden's House arc also acceptable. Small And, the controversy is anything has been the loss of trees that and the issue is back before the Museum in Stillwater is not volillumes of construction waste hut over,despite the fact that the will occur in following the state's city council, on the Oct. 17 closed for the season as was wbe accepted;waste from large Oct. Wa ton County ard, n a. Stanoch said e 10 consent calendar,pasosed a requirement. Res dents have addressing the 1 abilityµill be issue, reported in last week's Courier. conslruction,lin obseor other f llrn anc� resolution authorizingright-of- requesting some t e bothpersonal liabilityon the part The museum is open until Oct. p j suggestedq g yp 31. In fact, the museum is one of accepted• way acquisition by purchase or of variance from state regulations of individual council members the stops on Gov. Rudy Perpich's The free service is for people condemnation needed to complete in order to modify the project. and the broader city liability, in Capital for a Day agenda on Oct. who reside within the city limits the two-mile project. However, neither the Afton City pursuing a variance from state 27 of Stillwater only; an iD will be Construction is scheduled to Council nor the Washington road construction requirements. required. begin in the spring of 1990. County Board favored requesting He will also be informing the Cleanupcontinues i The project is actually phase a variance due to the potential for council as to the variance requestLeague looks a t I1 of a three-part project. Phase I increased liability. process. There's still time to clean up. was reconstruction of the Couleep a d V O C a Cprogram Opposing residents staged a Stanoch said he will be StiiPwatcr's annual fall cleann y _ portion of County,Road 2 ; protest rally prior to the Aug. I5 asking the council to pursue a days continues this weekend,Oct. Advocacy for children in 1111, II involves a two-mile city council meeting and passed a variance request from the state as 21 and 22. Dumpsters will be at court proceedings will be the stretch from 45th Street to 70th hat for contributions to start an well as some kind of moratorium the old dump site on Myrtle subject of a St. Croix Valley Street in Denmark Township; "Afton Defense Fund." (The during the variance process. In Street from 8 a.m. to 4 p.m. League of Women Voters phase HI includes improvements Defense Fund group sponsored a the absence of council approval, both days. meeting to be held at 7 p.m. in downtown Afton. booya Oct. 15. The weather he said,the group is "prepared to City residents can dispose of Tuesday, Oct. 24, at Oak Glen take action," including legal almost all non-hazardous goods, Country Club. The Afton City Council cooperated,and according to Mary approved the phase H plans in Ann Scroggins, the booya ran including "white goods" The Presentation will he June after months of discussions out, everyone had a good time (See County Road 21 p. 2) (appliances),as well as brush and (See Town Crier P. 2) Section A, Page 2 Thursday, October 19, 1989 The Courier News s OPH housing issue (Continued from p. 1) watching this situation; the Minnesota type of housing qualifies - homes, area. Chaves said the Met Council takes Department of Human Rights is watching duplexes, trailer homes, apartments - as Section 8 applications. Income-eligible checking out whether in fact local this." long as it passes a universal housing people are then placed on a waiting list approval is an absolute requirement. Section 8 is a federal HUD (Housing inspection standard - decent, safe and until HUD subsidy money becomes Chaves said she had not talked with and Urban Development) rent subsidy sanitary. Section 8 recipients also receive available. When subsidy funds are the person who made the Oct. 10 request, program. Income-eligible recipients pay a predetermined utility allowance. Chaves available, the client then locates housing but assumes she will be back at the Oct. 30 percent of their income for rent, the said the rent limits and utility allowances that falls within the fair-market rent limits 23 Oak Park meeting. (Clerk LaVonne remainder is paid with HUD funds.Chaves arc changed by HUD as market conditions and the local unit of government where the Wilson said as of Tuesday,the person had said rents cannot exceed fair market rent change. housing is located is asked to approve the riot called to request an agenda spot.) limits set for the metro area; rent limits The Metropolitan Council is in charge Section 8 certificate for payment to the Chaves said,"There are a lot of people are based on the number of bedrooms.Any of the program for the seven-county metro landlord. 1111 .,c— : : re -, County Road 21 Lute fink 'n Lefse 1 (Continued from p. 1) the technical committee protect "the scenic qualities along Meatballs 'n l ater'S' recommended that both the city public roads serving the corridor." action if necessary. of Afton and Washington County The letter continues, 'we all the TrimmingsThe county will be holding be notified the group is concerned could urge both the city and Friday, November 3 1989 its condemnation hearings early "that every effort be made to county to review the construction in December, and Stanoch said � minimize damage to scenic plans for this project and take pm - 8:00 I21 the group also intends to contest qualities of lands near the St. whatever measures they can to Serving4:00p the necessityof condemnation for Croix Riverway as a result of the meet the intent of the master Price: a project that includes proposed reconstruction of plan." McGuiness' letter also Adults: $8.00 Student: $5.00 Preschool: Free "destruction of natural resources." County Road 21." refers to the possibilities that The opposing residents have The technical committee Minnesota maydevelop Trinity Lutheran Church ` "rustic received some moral support noted, in a letter from chairman roads" program similar to what from the Minnesota Wisconsin Dan McGuiness to the county's the state of Wisconsin is doing 115 No. 4th St., Stillwater, MN. Boundary Area Commission design engineer, Dick Herold, and "that County Road 21 and technical committee. At its Oct. that the intent of the master plan other roads along the St. Croix Tickets Available at the door \Jr• _ _ 10 meeting, following an on-site for the Lower St. Croix National River corridor could be given review of the project area and Scenic Riverway is to encourage some special treatment as a discussion at Afton City Hall, local units of government to result." —______0—_____. IO,_ The Town atiet (Continued from p. 1) parent advisory committee will conditions, healthy people over given by Inca Sellars,coordinator meet at 7:30 p.m. Monday, Oct. age 65 and anyone who wishes to for the Washington County 23, in the high school library. reduce their risk of catching the ;, guardian ad (item program. 'Ad The agenda includes discussion of flu. r . litem" means "for the case." the District 834 school facilities Flu vaccine will be available � J� DOMINO'S � y Volunteers participating in the: report, discussion of the North at. Washin ton Count �� g ) Public program arca xtintcct b C'cntral reports from the art and health clinics for$3; no one will � � � - -� 1 " � ' appointed by p CALL US! t '"' . •' to take part in the court process music departments and a report be refused due to inability to pay. on the child's behalf,speaking up on the "Back to School Night." 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(Continued from page 1) low-life, we're riot,good enough „;,.,,.,;:o.',::::, ..,,,,...,,,,,,.,,,,,.:,, ,, E ,, f •w ' 5G �.. coming from. + and I resent id?That's%'exactly Wagner said she believed ; the feeling ;we're getting from , ' , the council action was a stall ; the city!'” , a . r ' , . ' tactic. "'" Wagner said problems had Chavez supported Wagner's developed ,with Ken Noyes ', , :.ma version of the story as did..$ which came to a head after , , Evert of the Was`hingtOn 'Co, WCCO-TV interviewed her out ; ;" 0 ty Board of Commissioners,wh side her home Oct. 14, '''.'-'::14., *, ? ' ,, attended the meeting. �11 "He was by my, driveway 4�,, ,aw '� _ ,+ ;, , r�� r �Y.,,,,.,;;.4,,,.,4,,,,v.,.,:,..:. ''` "That's essentially what and said Vou ve opened a can of happened," Evert said "The'�y worms, we don't want your kind ► #1' z, z�y1 : said this wasn't the p•roper plade here, We don't want Section 8, z ` f;' on the agenda and that she'd Why don't you and Lucy (Chav- �F 'r i; k �k� � have to come back, 'they asked ez) give the city council the true :.. f 3 ' $ :4 i � ' mss %1'- not one question. I felt very;so `-' facts. Give them the negative '' �� v ,` �, 6 1' ry for her ; and not just the positive,' 1 f , ' ��¢s Chavez said the city has had "He said I was all right, but fi •)r4 0 ,. ,-4",,::;.:',,,,-;:.,?,;.•,:,,,-,:,,,::7:; lent of time to find out any- the rest of the Section 8 people ' ,.�� . 4' thing it wanted to know about were bad, that I was the excep- , rr �i STM' ,� k �`XN f y�,rzY/ .s the subsidy. tion, Wagner said. He said k s � n' � , Chavez said she first You knew you couldn.'t afford �' * r `° ,` �� appeared before the Oak; Park the place when you moved in' ,-':,,•:.1.:.1....,,,,,..:,,,..- &N> 4.,.'::"` ;� •4 f Heights city council three years but I didn't. I was ina desperate -- said she appeared gr`amr She situation, I had to move." , h •,,;. *• ago to explain the r . w, -4,,,,i'...1„,..",„,„,,.,,, � �r . • ��:��` �� ;� �.�� ,� � Sept. e11 with Asked whether she believed landlord Tom Harview in she was suffering from bigotry, CAROL WAGNER, sits in the living room of, the Oak Park • connection with the request of Wagner, a full,title student at •. Heights town Ouse she moved,into Oct. 1. Wagner, who has two the Woman who now refuses to Lakewood Community College, children living with her,is fighting to win city council approval of a be identified, and again Sept. 25 said she did. . federal'subsidy to help her pay her rent. The city council has, to "That's when the motion (to "People are judging tie date,ha`e`failed to'approve any requests for the federal help.(Photo approve Section 8) died for lack because I'ma woman,,because by Ron Browne.) of a second,"Chavez said. T',m a single parent and because, "Then on Oct. 10, they told I'm using the system," Wagner going to follow in five years?" , Chavez said she hoped the her(Wagner) 'if you want to talk said. ` g Noyes said he was concernedthings cityescalate beyond point j council would stopbeforere about it, you'll have to come in "Myc feeling s et;:,hurt because no one has been able to under; new business,"': Chavez because I'm trying to better ' give him any facts on the pro- no return. It would beso easy , said. "Why all of a sudden is it myself to help other people,"she gram or how,it affects,a neigh-, for(the city council) to just sa new business?" said."I have worked two jobs to boyhood and'his wife agreed. , we've re-thought this," Chavez The mother of four who lost support my family and.this. is "I ,don't understand why ..' said. "They don't have to lose her fight to win approval for her the first time I have ever had to people can't ask questions with- face or anything. Instead, they subsidy was More blunt. use the system, if, you want to out everybody ,getting upset," seem to be just digging the hole • "It's baloney, it's pure una.- use that word." Mrs:K i\l:oyes4, said: "I"m .not: deeper." dulterated bull," the woman ` NO'yes said Wagner lied against•'the government pro- The woman with four child- • said. "They're just stalling for about what:he said to hei.",I did ., grain}',and`'.people getting help ten also'expressed a desire for time.They kept me,Corning back say she Opened 'a can of worms but there is no monitoring to see change. for three or four Meetings:..say= and she did," Noyes' said: "I'm' if there"ie,a',negative impact;`on , "I would like to say to some ing now we need this, just to against Section 8 because...-I've the coni nu'nity." . of these people that I hope to pacify us for another two weeks: never heard of a case where. Noyese'Said he believed the', God your family, your children "When they finally didn't property values increased as'a coverage of events' sofar 'has. or your grandchildren are never know anything else they needed, result but', have heard of them been slanted too much,-in favor : in this position,"she said."How then they said'I think it's a,ter- decreasing. ^ . of the two'women. ,awful it is to be shunned by your rible waste of public funds,"'-she This woman is probably the , "All'you read about is these community. Its a horrible feel- said. "There's an underlying best woman they'll ever have poor, abused women," he, said. ing,", feeling that we're scum, we're coming in,"'- he said. 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ID a 0 Zr w °c � 0 : : P3 Pgo am 3°* P ° 47)eg =i 3 i Ai m g � art) O Z m ,t, VV. �' ` . ,, w l`JJ33 2 1 0 Z Jl'•;,'' M m 1 i -- 1:11, }T'T,; 15 Z G .',,,'., .:''.,,,, , , (1) " (n74F-- mN O 1. 'r� ; mxo to U . y v u11Iti1 Continued from Page 1 - Dennis Balyeat, the county housing authority's ex- ecutive director, said the agency has no hard feelings and families,officials said. • about the project, which now is being developed in r Frank Sommerfeldt said late last week the Oakdale. • 11VV�� because res- "They're saying everything except what against are really cou�oppocal the rent subsidy program mean: They have discriminatory practices idents have called him and other council members to with low incomes. That's what it comes down say they don't want Section 8 housing.He said council people akyeat said. members have not discussed the issue and are.not The Yeatconsa surrounding the Oak Park Heights worried that their actions may result in legal action City Council has prompted Balyeat and Housing and 1 "Ido againstthe Redevelopment Authority officials in the metro area " don't figure we're violating anything," Sommer- � explore the possibility of seeking legislation that feldt said. "If we vote the way residents want a�� would equitabltote affordable housing to both vote,how can we be discriminating against anyone?" urban and suburban areas. Social workers and state Human Rights Depart- "Suburbs must carry their weight,"Balyeat said. ' ment investigator John Gilbertson said the city's re- Wa er said she has searched for. reasonably jection of Section 8 requests not only may violate the Human Rights Act but also may discriminate against priced, clean housing in the Stillwater, Bayport and women, who are most likely to be the victims of do- Oak Park Heights area since July and found she could mestic abuse and in search of affordable housing. afford run-down,filthy apartments. *sing is the No. 1 need of women in this state," "I need a clean,nice house to raise my children-We saiKathlyn Stewart,director of the Minnesota Coali- are all entitled to a safe,nice place to live, she said tion for Battered Women. before last week's council meeting. Sommerfeldt said he is sympathetic toward Wagner In the meantime,Wagner and her sons,ages 10 and and would like to decide Section 8 requests in a case- 17,who have been emotionally upset by the upheaval by-case way.But,he said,"Once you vote it in,it's in." in their lives,will continue to stay in the two-bedroom‘...:„..l , 'He added that the issue has become a county Hous- •town house that a$485 chunk of her$528 month- } ng and Redevelopment Authority "witch hunt" ly assistance check. t against Oak Park Heights because the city took no "I'm wore down. Pm tired," Wagner said before action last year when the authority proposed an af- asking the council to consider her request.`But I still t ; 4 fordable housing project. have a lot of fight in me." 3S� 7= ' OPPORTUNITIES , k ' Oak Perk Heights mayor • calls woman's bid for rent subsidy a dead_ issue By Jim Adams Wagner, 39, who said she had been Staff Writer abused by her former boyfriend while Iiving in Stillwater, told the council All Carol Wagner and her two sons she started looking in July and had needed to find a-safe home was per- finally found a decent, two-bedroom mission to spend their federal rent townhome in an area where her sons subsidy in Oak Park Heights, but wouldn't have to change schools City Council members refused their again- plea Tuesday night, the,second such denial the council has issued in less "I have a right as a human being to than a month. _ raise my children." Wagner said, with two sons, ages 10 and 17, by her. Three weeks ago, council members side. reacted to a similar request from a woman fleeing an abusive husband But Mayor Frank Sommerfeldt said by saying the city already had too her request was listed under the much subsidized housing and didn't wrong agenda item and suggested she want more, return in two weeks. The earlier re- quest to make use of the federal gov- County housing officials charged that ernment's Section 8 housing assis- what Oak Park Heights doesn't want tance program also failed to come to is poor people. Rent aid continued on page 7B ean Continued from page 1B a vote, the motion do for lack of a cessful, working"wit ninimum of second. bureaucratic overhead. . . . It is a major factor in providing decent, Later, Sommerfeldt said the request safe, affordable housing to low-in- : was "a dead issue" because the coun- come people nationwide." S cil has already decided it doesn't want the program in Oak Park Thomas McElveen, manager of the a' Heights. It would require no local Metropolitan Council's Housing and dollars or manpower to administer. Redevelopment Authority (HRA), .- said it is rare for a city to reject the i +. During a council recess, the mayor rent subsidy program. Oak Park h. said a number of local residents had Heights is the only municipality of supported the council's earlier deci- 15 approached in Washington Coun- h sion banning Section 8 recipients ty to reject the rent assistance pro- from the houses or apartments in the gram, said Lucy Chaves of the coun- " city. He said the council would con- ty HRA. tinue its opposition to Section 8, de- spite a possible lawsuit, "until our Wagner said the townhome she o citizens tell us otherwise." found rents for $485 a month, plus t utilities, which almost wipes out her w. He contended the city's 24 subsi- monthly public assistance check of • . dized townhomes for families and a $532. The Section 8 subsidy would h., 96-unit high rise for low-income sen- cut her rent to $160. She has about iors was enough. The population of two months to find housing before Oak Park Heights is 3,844. her Section 8 eligibility expires. It gr. ' can be renewed once for 60 more vi Although Sommerfeldt said only one days. th;- local helocal resident had'opposed the coun- it cii's rejection of subsidized renters, The city recently.had a rental survey s other groups have been incensed by done which found about 400 rental m their action. units, renting from about $375 to to $740 a month, said City Planner Curt H;- As Wagner addressed the council last Gutoske. He said most renters are t- night; about 12 women and girls elderly or young couples or singles. sal from the Family Violence Network tie of Lake Elmo stood in the council According to recent census figures M chambers holding signs that read: the city has a per capita income of ke "Open Doors to Battered Women $12,183, about equal the state aver- th and Their Children." age, but below the county average of ott $12,621. an Afterwards, Wagner said she was an- tinct gry, but hoped council members "It is definitely not a Minnetonka or wide would change their minds. She has Edina," Gutoske said. se consulted an attorney, Jim Lee of the Legal Aid Society, about suing the A s* city for discriminating against poor people. Said Lee: "We are fully prepared to Smoke ban Continued fra go to court on this case. . . . It seems their refusal to grant approval dis- "I'm unhappy at their inflexibility," court criminates against Wagner on the ba- she said after the vote.. Buik sis of her being a Section 8 recipient. Under the Minnesota Human Rights Ramsey County is offering a quit- Cam' Act, her status is a protected classifi- smoking program to its employees, somt cation. What it boils down to is, it is starting Jan. 1. Finley said that, along force not legal." with providing designated smoking But areas, would have been enough. chap' State and federal laws require city approval of the Section 8 rent assis- But Patrick O'Malley, county proper- "It's tance program before a landlord can ty manager, said providing ventila- somt receive government payments. Lee tion in those areas would have been ago.' said the program has been very suc- expensive — $50.000 for areas in the defense. the same jury is hearing tes- Bromcontinued on page 5B • . , ' Oak Pa& I e1 hts 4 closes eo needy rto „ r_. � • . g The city of Oak Park Heights has an . 1 „s unusual way of fighting the war against poverty. What Oak Park Heights does is ignore poverty, apparently hoping the poor will just f slink awa . , _ • The Oak Park Heights City Council will have a chance to change its peculiar style of fighting poverty at a meeting tonight. �`, N . Ilk _ 4 A representative of a woman from ' the Washington County community Doug Grow of 3.844 people -- counting 362 residents in the state pen — is expected to ask the City Council to has a chance to rent a house that help the woman and her four would allow her to stay in the children. community, meaning her children Staff Photo by Richard wouldn't have to change schools. Council members will be told that Patricia Infelise steer the woman has been forced to leave Then council members will be told preparation for last n her spouse because of abuse. Council atre performance at members will be told that the woman Grow continued on page 4B , i 9 • 4,-, U 9 ..., doctors remove ÷..71 ;x4:.. .. ha . . 1 „tf, , .,,‘,. Jamie Fiske's spleen , ..„.. . , � p v ..:::„;::]„,A,.,:..:..„.,„ Girl, 7, `doing very well , ' Najarian saysy4: r. By Lewis Cope Staff Writer &; ' 4 - Seven-year-old Jamie Fiske. who x . r u + ., won the hearts of millions when she r ` = got a liver transplant as an infant. ►_ . underwent a successful three-hour t ';� operation Monday to remove her se- ,f . F -:-..,-;A verely swollen spleen. which had trig- v ,27:,.•;,-;-.-- -::::-„--;f:-..•. gered life-threatening internal bleed- y:. ��. �1" ; Spleen i ng• Jamie Fiske in 1987 ach 1 She's "doing very well" now and the _ Grow Continued fro ge 1B i • that the only way the woman can her four children had found a home documents and doing a lot of throat _-affor'j to move into the house is they could rent. The landlord was clearing while they talk about (ahem, through a federal rent subsidy willing to work through the Section 8 cough, ahem) the bureaucratic program known as Section 8. The program. All that was needed was problems that would accompany council members will be told that the council approval. The woman's Section 8. Section 8 subsidy will cost the request was rejected. rejected in the • community nothing. The council most cynical way possible. It was It's one of those federal programs. members will be told that housing rejected in silence. fusses one council member . . . If one officials from the county and the landlord decides to work with the Metropolitan Council will handle all One council member moved that a Section 8 program, says another the administrative duties associated Section 8 permit be allowed, but the council member, others might feel with the program. They will be told motion wasn't seconded. The door to they have to . . . A council member that communities throughout the the community was slammed on the suggests that, "We're going to look region —even such ritzy woman and her four children and no like villains" and the others nod communities as Edina and Wayzata one had to say a word. sadly as if to say they understand —participate in the program. • their noble motives might be "It's so hard to find a place," the misunderstood by some outside the They already will know that under woman said last week. She asked that community. Section 8 programs,renters are her name not be used. "This place required to pay 30 percent of their (the Oak Park Heights house)would The Oak Park Heights City Council monthly income toward rent. The have been perfect. It was large can change its cruel way of fighting landlord receives the rest of the rent enough, my kids could have stayed in poverty this time around. After years from the federal government. the schools they're in. They really of rejecting,people in need, it can like the schools they're in. I don't open its doors. The council also knows that the know what I can do now. I'm looking ' . .,program is popular. Members know and I'm trying to stay hopeful." "I hope there's change, but I don't that demand for Section 8 housing know why it would change•'now," outstrips supply by about 2 to 1 in Immediately after the rejection, the said Dennis Balyeat of the the metro area. Demand is high woman said, she was hurt and angry. Washington County Housing and because the program offers a helping Redevelopment Authority. hand without stripping dignity from "But then I decided, I can't take it the person in need of help. It's a personally," she said. "I really do He said Oak Park Heights is a program applauded by virtually hope that none of those council community that has been unwilling everyone. members ever are in a position where to help even its own. they need help. I hope none of their But Washington County and Metro children are in a position where they Council officials fear that the Oak need housing and get turned away. Park Heights City Council will It's so unfortunate." 4YY>, „n.. .kW remain unmoved. They fear that Oak Y< .>.f <„;<W:k • Park Heights will remain the only Unfortunate is a very nice way of � ,,,,.;� .:,... .., . community in the county, perhaps expressing the actions of the Oak e the only community in the Park Heights City Council. "° metropolitan area and one of the few E, , n ; in the country, that turns thumbs , Watching a videotape of the meeting 5.;' ' 1: - . : ; C down on the Section 8 housing in which the woman's request was ' : V.44, �•',, .'; program. silently ignored is watching classic ””'m'''?'"` ' ..ii:•,.'4.::{.>>v,"�;.,v;,;::;; ?responsibility ducking ,.; Y;i4' V:?;:y�q404 " 0.4.,. Just a few days ago, the Oak Park >> ` }'u ">`' <> '' miiHeights City Council heard a case The video shows the council •<,:.;, : ?•`.{ Y:•••:.�Y. ?iU:;$' �?•:4:%��Sjiti+�Y4•:?::.iii:. almost identical to the case it is to members—Jack Doerr Barbara s>,, ,m,::,,i,,~f"'> ': <. :><> hear tonight. O'Neal, Richard Seggelke, Dane ' r• �' Kern Sr. and Mayor Frank 4Al ',_es.,..: A woman from the communityand Sommerfeldt— lookingat :, t�� .,its,>.; :t Attack Candidates to visit ; k Continued from page IB St. Anthony Park Vii';-. f`" x'<'`. „, 95 . ..,.. Residents of St. Paul's St. Anthony `4'> ei•v ,, ,Y He said he instructed the schools' Park neighborhood will get a chance '�>` ` <<f r,`¢- )„. $19.95 English teachers to follow uptoday to meet several political candidates / `' ' with a similar warning. (He chose the tonight at United Church of Christ, . , ; • Our 1=nal.ch tr.arharc hc.nnncc. nll vt...io«... 717 h !`............--...:...1.1. A.. , . D..1., a ( Park 1 sde ' e0 ' f : . hE f t lim Adiiins ' , "I am back to square one for reasons ty municipalities that have co ''s' :-;1* =e' concern . v , , , ntff Writer I don't'even feel are valid," said e „ ,.., N.programesly 1+,04 * , -t,ber Barb • _ woman, 39. She is term°. rily s s=r- 'gh has rejected it, said `cnuitcil,;meth Mc Parlc-Jleights officials have ing her sister'shouse'n Su water. ' ave of the county IikA. , program migl noted away a single mother with • , to live n bur xoungthildren who needed their State and federal = s• . city `It s to me they are 0,•, to =:$ lark Heil A ye orovai to use a federal rent subsi- approval of . . , 8 rental assis- •- s -income people from Ant*, ,,, in neighb Ly. tafte pro=_, sj v re s•landlord can .,g ' their communis," 'Chaves said Friday it , • yeceive go m e t payments, said , *dl, , , .be quoted abc rhe woman,,ask41 Snot to be identi- bmas ' Elveen, manager of t=e1 led, said she fled her home after Me poji • s Council's Ho . • .. ' ardl we have •o. • . ' em 6ein in ,'Chaves noted leing' abused by her husband. She Re evelopment Authori sv r'= • . lb city,' • led = s r-a''' == =$0M- = five Section tad arrant0 to rent a three-bedroom m rfeldt,:rti e 'a= „s',I given rea-'' whom are iv touse in Oak Park Heights. Last McElveen said it is rare sr • s y to so IA, p ,1.1 ,s was turned said the chtu oeeles action by the City Council reject the rent subsidy program., •;,t, " s •''' ,v the council to 'receiving the 01 force her to look elsewhiss,- which tiqUirres nocity funds or me- '''' ,.* ,'' ,, 4 = tikr lack of a Wm:4f Mother ' • ordkeeljal•Of 1 Wochisiton Coto- Mothei Under the subsidy program,a renter era :s A 1. «ty. TflidiM ;',d $410_ doesn't find eligible housing in about pays no more than 30 percent of the , " ,,tewillloher Section 8a Xnuirs income for rent and utilities. inte hoa-'' i:ans in the .s.,.. 1°7,- 651certifigtes. Peoplewho appty for s lhe balance is paid by federal funds, I certificate must usually wait about i p4. long as the total rent does not "He s-s do at if he wants,',:, said two years for approval, she said. A lit8ceed $660 a Month for a three- City 'ttomey Lyle Eck .'"The )special exception was arranged 14nIroom unit and the family income city o Oak Park Heights isn't easily through the Family Violence Net- in below limits set by the govern- intimidated." work for the woman.. Ment. Sommerfeldt noted that the cit of Tom Harvieux owns the three-bed, .. . ..tkRA Director Dennis Balyeat said about 2,500 residents has many rent- room house the woman wanted to 01k Park Heights has declined sever- al houses and a low-income housing rent. „times before to approve the pro- project, Raymie Johnson Estates. "I gram. "The City Council is "excep- can't say that we are insensitive,” he "I would like to have helped her. I lionally insensitive to the needs of said. did what I could,"he said."They are 11)w-income families,"he said. , . discriminating when they told me 1 Johnson Estates' resident manager, can't rent to a Section 8 tenant." *muse of the city's "unwillingness Pat Theis, said the project has 96 V •SO provide affordable housing to low- units for elderly people and 24 town- \ The woman,whose children are age' up;ome families, we will not partici- houses for families. There is a V two- 5, 7, 9, and 11, said she wanted tc pate in any development in Oak Park year waiting list for apartments in the live in Oak Park Heights so her chit Heights," Balyeat said. He said that project dren wouldn't have to change school: Would include refusal to provide again. She said the City's rejection more loans for first-time home buy- Chaves said that if the woman ,frustrating because it is hard to find 1 1 large house to rent. V v • 111 PROCEEDINGS The City Council of The City of Oak Park Heights , Minnesota, a Municipal Corporation , of September 11 , 1989 MAYOR SOMMERFELDT: We have Lucy Chaves . (noting pronunciation] . LUCY CHAVES : Chaves . (noting pronunciation] . MAYOR SOMMERFELDT: Chaves . Okay, we got same spelling, two different pronunciations of Chaves . LUCY CHAVES : Its always been Chaves . MAYOR SOMMERFELDT: Well, that' s what I thought but lately its been Chaves . LUCY CHAVES : I think it depends on which member of the family your dealing with. MAYOR SOMMERFELDT: Okay. LUCY CHAVES : So, I understand that the resolutions that were brought before you the first paragraph have the wrong statutes in it, which I discovered today, pulled it out of the computer and they pulled out the wrong statutes for another resolution . So now you have the proper one sent to me from Metro Council , the same one that all the cities use. MAYOR SOMMERFELDT: Have you had a chance to look at it Lyle? LYLE ECKBERG: I haven ' t checked it out . . . but I assume its okay as far as the statutes . . . 411 411 LUCY CHAVES : I checked it with the Met Council before 4 : 00 o' clock today to make sure that this time we had the right one, and that ' s the one they gave us . [pause] MAYOR SOMMERFELDT: I have to apologize, we just got these so it . . . we haven' t had a chance to go over them. [pause] COUNCILPERSON O'NEAL:, Lucy, how many other communities in Washington County. . . LUCY CHAVES : Fourteen . COUNCILPERSON O'NEAL: . . .do not have this? LUCY CHAVES: I can' t begin to tell you who do not. We have the major cities and townships , I can tell you who we have, but I 'm not familiar with all of the townships on there. COUNCILPERSON O'NEAL: What major ones do have this? LUCY CHAVES : Forest Lake and Cottage Grove. COUNCILPERSON O'NEAL: At present, do you know how many are on this program in the City of Stillwater? LUCY CHAVES : Seventy-eight . COUNCILPERSON O'NEAL: Bayport? LUCY CHAVES : Bayport, I think it' s about twenty. I would have with my statistics with the Metro. It changes all the time because we keep having new contracts coming in and new people moving . COUNCILPERSON SEGGELKE : Mr. Mayor . . . MAYOR SOMMERFELDT: Yes sir . • • COUNCILPERSON SEGGELKE: and Lucy, thank you for coming, but I would hesitate for us to really. . . to adopt any resolution at this time and the reason I say that is , you know, hopefully we' re all familiar with our own community and we've had quite a cross section of housing in the community and a lot of it is older housing and falls in a given price range. We have an inventory back in the comprehensive planning time and we adopted that . . . there was an inventory that was done by our planning consultants with regard to housing stock in the community. I would like to see that updated just a little bit to get a better comparison as to where we ' re at in terms of housing . . . ah. . . or at least pull it out of our lan and get it on the table so that P we can make some comparisons . The thing is we have a lot of old homes in town that might fall in that area for first time homebuyers etc . etc . without the government program. There are, and correct me if I am wrong, it is my understanding that there are other government programs out there for the housing. . . to handle low income housing needs be it, be it veterans, be it housing finance agency, there are several organizations already in place . LUCY CHAVES : However this is the only one that deals with rental property alone, low income rental property, not for buyers and not for first time buyers . COUNCILPERSON SEGGELKE: Specifically. . . LUCY CHAVES: Specifically for rental property only. So somebody that' s low income can afford to rent decent , safe and sanitary housing. Most of the time they can' t afford to buy 7 111 411 because they don' t have the down payments available . So this is strictly for rental property. COUNCILPERSON SEGGELKE: Well , there again when you talk about housingI ' d like to see a better comparison as to what we P have for rental properties that we have in the community. . . that, that may fall into the lower ah. . . price ranges for rental now. property. I don' t know what that is L Yright ` COUNCILPERSON O'NEAL: We already have a senior subsidized unit and I think if we took precentages including that against our population we would probably be right on with what the other communities provide . MAYOR SOMMERFELDT: That area right behind it I believe is subsidized rental too. . . COUNCILPERSON O'NEAL: Yes ( inaudible) COUNCILPERSON SEGGELKE: The housing behind Raymie Johnson ' s it was . . . LUCY CHAVES : The building is a subsidized building . COUNCILPERSON SE ,ELKE : Yeah. GC LUCY CHAVES : The program we' re dealing with where a person is subsidizing and going into the private market and therefore is not necessarily locked into an apartment building. They can go into an individual apartment or a duplex and in some cases even rent a home. . . as you know, a full single family home as opposed to an apartment . COUNCILPERSON O'NEAL: Do you think that the County HRA would have the availability of figures? • LUCY CHAVES : I don' t know if they would or not . It would be in some other department within the HRA than what I work in . You want figures on how much rental property is available, in Oak Park Heights , is that what your saying to me? COUNCILPERSON SEGGELKE: Well, we have to, we have to make some . . . I think in order to make an educated decision on this resolution, we, we . . . it would help us um. . . because right off the top of our heads say that we already have a healthy portion of of units in the community that fall into this area. . . and, just put it aside [motioning with the resolution] . LUCY CHAVES : I guess I don ' t see the point in that . COUNCILPERSON SEGGELKE: Well, it comes right down to how much how much low rent housing does the community want . LUCY CHAVES : Okay, I would think that would be up to the individual landlords to decide if they. . . low income housing is kind of , I guess its not right, the kind of right word to say as far as I am concerned , and I may not be expressing this exactly right, but its not necessarily low income housing, its housing made available to low income people because its within the fair market rent limits within the Metro area. . . so it doesn' t necessarily mean that his [pointing to landlord] property is low income housing, it means he' s willing to take a rent that' s accessible to a low income person . UNIDENTIFIED SPEAKER IN THE AUDIENCE: What would be his advantage in doing that? LUCY CHAVES : Guaranteed rent every month from Metro Council HRA. If this person skips out of this property, takes a r walk on him, he can come back to us and we can go in and do damage inspections, we can give him 80% of his rent for a month lost that he has to take to get his property back in order again for renting . He will always get our check every month. If a tenant leaves damages and he can ' t find him we will pay those damages up to two full months rent less the damage deposit to enable him to put it back into shape again . COUNCILPERSON SEGGELKE: That' s . . . ah. . . pretty good incentive for someone to ah . . . rent a facility if they know that occurs . It' s a good incentive for them not to maintain that property. LUCY CHAVES : Not necessarily, we have very, very few of that. In Washington County we've got 376 units on the program and that' s just , that' s just Section 8 certificates to individual people. That doesn' t count the subsidized buildings . The amount of times that happens is not near as great as much as it benefits the people that are looking for a place to live and can' t afford anything else higher than that . COUNCILPERSON DOERR: You know, whenever people talk about low income housing or subsidized rent the first thing everybody immediately thinks about is people that are . . . if you want to use the expression . . . deadbeats and are gonna skip out . What about the people that have lost their jobs and are now working for minimum wage or thereabouts and can no longer afford to pay rent? What are we supposed to do with these people? Tell them they' ve got to move out of the house they' re in, because of no fault of their own they cannot make a living wage anymore? 411 • You know, I guess I can see both sides of the coin , but you' ve got . . . I think when subsidized housing is talked about now a days , we got to quit looking at, 'Well , we ' re going to get deadbeats in here. . . ' , not necessarily, not with the amount of unemployment and people that are out there that cannot make a living wage through now fault of their own . COUNCILPERSON O'NEAL: I have something visualized that may mean nothing but with close proximity to both prisons, I can see that there may be . . . not that those people are any different than you or I, but the people related to the people inside the penitentiaries but I. . . COUNCILPERSON DOERR: I understand that part. . . COUNCILPERSON O'NEAL: . . .they are transient . . . COUNCILPERSON DOERR: But . . . COUNCILPERSON O'NEAL: They aren' t anybody who are going to live here in this community or have a desire to live in this community once those people are out of prison . If I am going to rent my place, I would want to rent it to somebody who might end up buying a place some other place in Oak Park or the community. LUCY CHAVES : With regards to people that may move here because they have somebody in one of the correctional institutions . The procedure for applying for the program, is first you have to be income eligible, then you go on our waiting list which right now is about three years long, which means that because somebody has somebody in one of the institutions doesn ' t mean that a year, even a year from now, that they' ll be renting property here. They have to go through the same waiting list 7 +1 • procedure as everybody else that applies and is income eligible for the program. COUNCILPERSON O'NEAL: Thank you . MAYOR SOMMERFELDT: What are your wishes . What do you want to do with this? COUNCILPERSON SEGGELKE : I would like to know a little bit more about what we have . . . A question: What would you . . . Tom you ' re talking about . . . obviously talking about a property. . . what would you be getting for rent? Give us a feel for . . . TOM [ landlord] : $675. 00 . COUNCILPERSON SEGGELKE: $675 .00 , combination of the renter and the program. MAYOR SOMMERFELDT: That would be the place down on Stagecoach? TOM: Right . You know, in terms of having a problem with people that have people in prison, and stuff wouldn' t Bayport be swamped? I mean, wouldn ' t that already be started . I mean if this really had trouble because Bayport already has it . . . Section 8 program. . . wouldn ' t they have plenty of them in Bayport? COUNCILPERSON O'NEAL: I guess that' s why we 'd like to see if these twenty people . . . where. . . TOM: Where and what their . . . COUNCILPERSON O'NEAL: Where, right . COUNCILPERSON SEGGELKE: But keep in mind we already have Section 8 housing in the community. COUNCILPERSON O'NEAL: Right . n • TOM: We have a Section 8 building . COUNCILPERSON SEGGELKE: Keep that in mind . COUNCILPERSON O'NEAL: Right. Anybody. . . they have a waiting list for people who weren' t in the program that I deal with don' t rent at Reymie Johnson' s . That' s a whole other program, that' s a whole other Section 8 program. COUNCILPERSON SEGGELKE: ( inaudible ) Okay, now, lets clarify. We' re talking about the home for the elderly and then behind there there are units . LUCY CHAVES : Right, and that is a separate program away from the program that I am dealing with and that we are talking about . It' s related in that it' s according to their income , 30% of their income goes towards housing, but the program I deal with, the individual is subsidized, they canmove from one unit to another and take their subsidy with them. Raymie Johnson' s and the units behind it, if they move out of there they no longer have a subsidy, they' re only subsidized while they' re living there, so that ' s a different program altogether . COUNCILPERSON SEGGELKE: But it achieves low income housing . LUCY CHAVES : Uh-huh. • COUNCILPERSON SEGGELKE: Satisfies a need . I don ' t disagree that there aren' t people that need this type of housing . I think it' s quite obvious they' re out there . I just want to see where we' re at as a community, that' s what I 'm after . COUNCILPERSON O'NEAL: [ turning to Tom] , So your total rent would be $675 .00? ! ! TOM: Right . COUNCILPERSON O'NEAL: For what? What do they get for it , one bedroom, two bedrooms? TOM: Three bedrooms . COUNCILPERSON O'NEAL: Three bedrooms? A house? Because I pay $650. 00 for a condo unit so that would open up the condos that I live in also. It would open up almost any place in Oak Park! For rental . LUCY CHAVES : Assuming the landlord wants to take advantage of the program. . . he doesn' t have to. . . your okay simply gives the landlord the okay, if he chooses , to use it . UNIDENTIFIED SPEAKER: Right ( inaudible) this is the thing, people aren' t going to go into condos simply because it has Section 8 . . . COUNCILPERSON O'NEAL: Oh, I don ' t mind having people in the condos, I 'm. . . probably better than some of the people that are there, pardon me people , neighbors (ha ha) . But its just the idea that we see so many people come and go now. . . COUNCILPERSON KERN: It is just an okay. . . like you say, if the landlord wants to take part in it. LUCY CHAVES: Thats right. It gives us the okay to operate the program in the City limits . After that its up to individual landlords whether or not they want to use the program. They. screen their people, they do everything just like they would any other renter , they have the same rights of eviction , everything . COUNCILPERSON KERN: What happens if a couple comes to an apartment, or a house, that ' s for rent and they want the landlord • 410 to take advantage of it and that landlord says no, nowcan y they go back to you and say their prejudice against us or whatever , you know what I mean? LUCY CHAVES : No, a landlord can tell any prospective tenant no if he doesn' t want to use them for one reason or ' another , could be too many children than what he wants to have in his properties, it could be that he looks at their income and decides that they don' t have enough money to afford rent plus all the other living situations . UNIDENTIFIED SPEAKER FROM THE AUDIENCE: Aren' t the grounds for eviction different on Section 8 housing than they are in the normal rental situation . LUCY CHAVES : No. COUNCILPERSON SEGGELKE : Everything ' s the same as ordinary rental property. LUCY CHAVES : Right . MAYOR SOMMERFELDT: Do you do any inspecting of the buildings and so on prior to. . . LUCY CHAVES : I do the the housing inspections in Washington County. UNIDENTIFIED SPEAKER FROM THE AUDIENCE: Isn ' t it true that the uh uh, the owner cannot evict the tenant as long as there' s a coding violation in the house . . . LUCY CHAVES : Coding violation? UNIDENTIFIED SPEAKER FROM THE AUDIENCE: Code violation . Housing code violation. LUCY CHAVES : Such as? 411 UNIDENTIFIED SPEAKER FROM THE AUDIENCE: Say there' s a switch outlet that doesn' t work. LUCY CHAVES : The house would not be passed ( inaudible ) after they've moved in . . . UNIDENTIFIED SPEAKER FROM THE AUDIENCE: And, in order to evict that tenant, the house has to be up to code. If the house is not up to code, the landlord cannot evict that tenant if there is code violations . LUCY CHAVES : I wouldn ' t have any tenants in that situation because a house would have to pass the housing quality standards for inspections before payments would be made on behalf of a tenant. So I would not have any of my tenants move into a house that the electrical wasn ' t working right to the best of my knowledge. UNIDENTIFIED SPEAKER FROM THE AUDIENCE: Right. But things do deteriorate over a period of time . LUCY CHAVES: As time goes by, say they' re living there and all the sudden problems happen? UNIDENTIFIED SPEAKER FROM THE AUDIENCE: Right . LUCY CHAVES : Say a year from now, once a year I go in and reinspect and we write new leases and that ' s when the landlord can raise the rent, if I go in on a reinspection a year later and an outlet is not working, then I write a letter to the landlord and he has to make the repairs on that electrical outlet before our checks continue on for another year . UNIDENTIFIED SPEAKER FROM THE AUDIENCE: Uh huh. I work with a lot of Section 8 housing in Minneapolis and the biggest � 9 411 problem that the land owners have is evicting tenants from Section 8 housing because of all the guidelines that are laid down by the HRA, and they literally have to put the landlords through the hoops in some cases to get the tenants out even though the tenants themselves have destroyed or done damage to the premises in the meantime. And the reason for those violations are because of the tenants ' damages , the landlord cannot evict those tenants until those improvements are made. LUCY CHAVES : I don' t have that . . . I have not run into that situation in Washington County. UNIDENTIFIED SPEAKER FROM THE AUDIENCE: Unless your laws are different than Hennepin County. LUCY CHAVES : Are you talking the City of Minneapolis? UNIDENTIFIED SPEAKER FROM THE AUDIENCE: City. LUCY CHAVES: Its a little bit different than the Metro area , than the Metro suburban communities . I have heard people talk about that but in the communities that I work in and the rest of the reps , we have not got that sam esituation . I know that the City of St . Paul and the City of Minneapolis and even Dakota County who run their own individual programs have their own policies and you can form your own policies accordingly. COUNCILPERSON SEGGELKE: Lucy, when a landlord initially gets involved with Section 8 , are you the only representative for Washington County that goes into that facility and inspects it? LUCY CHAVES : I have two other reps that work with me and one of us do it . Most of the time I do the inspections . I . • • COUNCILPERSON SEGGELKE : Okay, is there anybody that could be construed as a certified building official, building inspector doing that work : LUCY CHAVES : No. COUNCILPERSON SEGGELKE: How would one that isn ' t a certified building inspector be able to ascertain if a given structure is structurally sound . LUCY CHAVES : Well, from the basic training that we've had, and we don ' t rent out properties with the assumption that we' re going to expect landlords to do anykind of remodeling . We check g the electrical, we check the appliances, we check the plumbing so there' s nothing visual there. If we have questions about anything, or uncertainties when we' re looking at electrical blocks or looking at a hot water heater or the furnace that we' re not sure of then we can call in anybody that we want. We have a HUD inspector that ' s in the main office in downtown St. Paul and if we have any, any questions at all he will come and redo it. Also, HUD comes in on a 5% random inspection; every month and reinspects behind us. We never know when he' s coming or what units he' s going to inspect which means that we 'd really like to have them done right instead of having HUD come in behind us and say, "you missed this, you did it wrong . " COUNCILPERSON SEGGELKE : Now, HUD is involved. LUCY CHAVES: Well, Housing and Urban Development, that' s where the money comes through and Metro HRA has their own , Metro HRA gets all of their rules and regulations through HUD. That' s the government agency that puts the whole program together . • • COUNCILPERSON SEGGELKE : Pretty well known agency these days . LUCY CHAVES : Please . . . ( smiling ) I know, I know, but it ' s o it s not, that ' s in Washington , D.C . , it ' s not bothering us anywhere. COUNCILPERSON SEGGELKE: Yah, bothers this tax payer ! LUCY CHAVES : I know that but you know, you can' t judge us all on the foolish acts of a few. COUNCILPERSON SEGGELKE : I also voted for Ronald Reagan ! LUCY CHAVES : Well, I say we all make mistakes! COUNCILPERSON KERN: Who gets charged for them to come in? LUCY CHAVES : Pardon me . COUNCILPERSON KERN: Who gets charged for them to come in and do the inspection section . . . they do the inspections who do they bill then? LUCY CHAVES : They' re not billed to anybody. COUNCILPERSON KERN: What happens if a landlord accepts a Section 8 . . . you know what I mean, and ah, for a couple and then the couple moves out and he wants to drop the program. Can he . . . LUCY CHAVES : The next person . . . COUNCILPERSON KERN: Can he drop it? LUCY CHAVES: . . .he puts in as a rental unit just doesn' t have Section 8 . Once he' s on the program doesn ' t mean he' s there for good, he ' s just there for as long as he wants that tenant . COUNCILPERSON KERN: As long as he wants that . . . COUNCILPERSON DOERR: What I ' d like to do is see this tabled until our City Attorney can look over these new statutes and advise us whats in them as far as how it relates to the City II' , ti • i and where we stand on them. I mean, I 'd hate to pass this tonight and find out that . . . LUCY CHAVES : We have the wrong resolution again . COUNCILPERSON DOERR: Yes . So I ' d like to make a motion to table this until our City Attorney can look into these. . . into these statutes and report back to us . MAYOR SOMMERFELDT: I ' ll agree . COUNCILPERSON O'NEAL: Do you want to set it for next week? COUNCILPERSON DOERR: Yes . COUNCILPERSON O'NEAL: I ' ll second that motion. COUNCILPERSON SEGGELKE: Okay, discussion on the motion. I would also like to. . . I would ask that we incorporate in the motion a . . . and that could be done very easily I think without enormous cost. . , to give us a little. . . an inventory. I guess this would be in the planning area. A better inventory of what we have in the way of rental units in what can be construed as a lower rental .ran erice P g So that we have some feel for that. MAYOR SOMMERFELDT: You want to add that to your motion? MAYOR SOMMERFELDT: Okay, the motion remains seconded to have the attorney and the planner ' s office check the, the attorney the resolution and the planner' s office to give us an updated version on the inventory of our rental units . We' ll have this for our next meeting . All those in favor signify by saying "aye" , [response] opposed [no response] . Motion is carried . P e . COUNCILPERSON O'NEAL: When you mention the planner . We can get those figures right from Washington g gCounty assessors, can ' t we? MAYOR SOMMERFELDT: I don ' t know. COUNCILPERSON O' NEAL: Those that are homesteaded and those that are not homesteaded . Homesteaded wouldrobabl p y be those that would be applicable to rental . UNIDENTIFIED SPEAKER:Ili ( inaudib le) . COUNCILPERSON SEGGELKE: We do see materials fly through here with statistics on them don ' t we . COUNCILPERSON ECKBERG: The assessor' s office, I don' t think would have any information on the rental units. COUNCILPERSON O'NEAL: No, but a non-homestead would be equivocable . COUNCILPERSON ECKBERG: Yes , it could make a ( inaudible) like that out, but most of them are rented of course. COUNCILPERSON O'NEAL: Well that' s what we want to find out is how many units . . . COUNCILPERSON ECKBERG: Okay. COUNCILPERSON O'NEAL: Whether there rented or not, how many units . . . COUNCILPERSON SEGGELKE : Yes whether there rented or not . MAYOR SOMMERFELDT: Right . PROCEEDINGS The City Council of The City of Oak Park Heights, Minnesota, a Municipal corporation, of Setpember 25 , 1989 MAYOR SOMMERFELDT: Lucy. LUCY CHAVES : Yes . MAYOR SOMMERFELDT: Did you get a copy of the apartment survey? LUCY CHAVES : No I didn ' t. [pause] COUNCILPERSON DOERR: Kurt , on Raymie Johnson Estates, is that the highrise? UNIDENTIFIED SPEAKER: Well huh. COUNCILPERSON DOERR: You didn' t include anything behind there in those apartments . MAYOR SOMMER1 LDT: The elderly is the. . . see here' s the highrise. COUNCILPERSON DOERR: There' s got to be more than 35 apartments in there isn ' t there? MAYOR SOMMERFELDT: There are both elderly and. . . COUNCILPERSON DOERR: There' s got to be more than 35 apartments in that building . MAYOR SOMMERFELDT: Yes . Oh yes . COUNCILPERSON SEGGELKE: He spells that out as the only one that offers rental assistance, now I 've got a question. COUNCILPERSON DOERR: No, they all do there. COUNCILPERSON SEGGELKE: Huh? COUNCILPERSON DOERR: They all do there. 4 i COUNCILPERSON SEGGELKE : Well, that ' s. . . yah, that' s what I 'm saying, it does indicate that , I 'm just wondering preceding subsidized area that under the e of units two hundred and. . . in the case of the total of 270 units were inventoried in the community, 35 or 13% received subsidya ments . Is a subsidy Y a m n pay e t to be construed as something that goes to the landlord or where? I don' t understand that . KURT: That wasn ' t specified . I guess' if its say rental assistance probably directly to the renter or to the. . . if its assistance provided to the landlord where they provide cheaper rent, um, that was not indicated by the apartment managers or . . . COUNCILPERSON SEGGELKE: But there again typically that' s based on the tenant ' s ability to pay rent . UNIDENTIFIED SPEAKER: Uh, here, a one bedroom, there' s more than nine on each floor . KURT: This survey was conducted via phone survey. We called each resident manager and that is the information they provided us . MAYOR SOMMERFELDT: Huh. COUNCILPERSON O'NEAL: ( inaudible) on one floor . UNIDENTIFIED SPEAKER: Well, I know there' s more than that, I know there' s more than that on each floor because there' s five floors . UNIDENTIFIED SPEAKER: Well, I was just trying to clarify fy which one that was . II COUNCILPERSON SEGGELKE: Can we take it the the Raymie Johnson and behind that . . . 111 • MAYOR SOMMERFELDT: No. The top one is the ones behind. . . COUNCILPERSON SEGGELKE: Your on the uh. . . MAYOR SOMMERFELDT: And the estates for the elderly. . . the elderly in parentheses is the highrise. e. COUNCILPERSON SEGGELKE: Fourteen two bedroom, ten three bedroom, a total of 24 all subsidized . MAYOR SOMMERFELDT: That would have to be the ones behind. . . COUNCILPERSON SEGGELKE : Yes . COUNCILPERSON O'NEAL: Then the elderly ones . . . do you suppose these 11 are first floor . MAYOR SOMMERFELDT: I believe it is . COUNCILPERSON SEGGELKE: I think it is . COUNCILPERSON O'NEAL: So, that figure should change to 55 . COUNCILPERSON DOERR: That comes a lot closer doesn' t it? COUNCILPERSON O'NEAL: Yep. COUNCILPERSON SEGGELKE: They also indicate as far as vacancies go, they've been able to determine that the vacancy rate has been in the 13% range. Interesting . COUNCILPERSON DOERR: What he says is most of that is Oak Ridge. COUNCILPERSON O'NEAL: Oak Ridge. COUNCILPERSON SEGGELKE : Oak Ridge yah. KURT: Otherwise the City is ( inaudible) . UNIDENTIFIED SPEAKER: Oak Ridge is generally half full . KURT: Twenty eight out of a total of eighty five so its about two thirds full . . i COUNCILPERSON SEGGELKE: With five out of the seven apartment managers, there is little need for additional multi-family a ly developments . COUNCILPERSON O'NEAL: That means that 29% said there was need, less than a third . COUNCILPERSON SEGGELKE : Uh-huh. COUNCILPERSON O'NEAL: I guess Lucy the thing that bothers me and I ' ll repeat it. I don' t know whether 'I gave my point clear the last time when I asked the gentleman the rent that was going to be charged, he indicated $650 . 00 to $675 .00 . I brought a copy of the Gazette and I have seen some of these apartments . They are nice, decent places for hundreds of dollars less than what we' re going to subsidize somebody to pay. I think its a waste of tax payers money. LUCY CHAVES: What we ' re working with is what the fair market rent limit allowed by the federal government for this area . COUNCILPERSON O'NEAL: That' s a waste of tax payers money. LUCY CHAVES: Okay. But yet we' re talking about a family that wants to rent his property and without this program they can ' t afford to live in this decent, safe and sanitary property. COUNCILPERSON O'NEAL: How much can it . . . how much can the family afford? LUCY CHAVES: I do not know that. I know that they've qualified for the program and they' re beginning paperwork is still at Metro Council, I haven' t got it yet, I won ' t get it 4 411 • unless she can go into this property because this is the house that they have looked at to move into. COUNCILPERSON O'NEAL: How many bedrooms? LUCY CHAVES: Three. COUNCILPERSON O'NEAL: Three LUCY CHAVES : Three bedrooms , she has four children . COUNCILPERSON DOERR: Uh, how much do they subsidize for that to make up the difference? LUCY CHAVES : gross 30% of their adjusted income goes toward their housing. That' s rent, utilities, what it takes to keep a roof over their head . COUNCILPERSON O'NEAL: And what type of incomes are you looking at for these people in a broad range, not real broad but. . . are you looking $15 ,000 .00 and less, $10 ,000 .00 and less , $10 , 000 .00 TO $15 ,000 .00? What type of income . . . LUCY CHAVES: For a family of four, without having my statistics in front of me, is about $16 ,000 .00 . Most of these people are much less, that' s the maximum to qualify for the program, to get on it to start out with. COUNCILPERSON O'NEAL: $16,000 .00 a year, that would be how much a month? [pause] COUNCILPERSON O'NEAL: That' s $1 ,300 .00 . . . a little over $1 ,300 .00 a month by, how much did you say was subsidized? LUCY CHAVES :CHAV S : 30% of their income ,oes towards housing. 9 COUNCILPERSON O'NEAL: Okay, and then the rest ends up. . . LUCY CHAVES : The balance is subsidy. • 411 COUNCILPERSON O'NEAL: So that' s approximately $400 .00 they can afford, so we' re subsidizing in this case we'd be subsidizing $200 . . . LUCY CHAVES ; That' s assuming that she has a max amount of income if she' s an AFDC mom, or if she' s living on child support, she' s not getting $16 ,000 .00 a year . [pause] LUCY CHAVES: See the council, the council does not have any financial responsibility in this situation. It' s just to okay the program to be operated . As you can see by the numbers that I gave you I' ve got three cities where it' s okay and we don ' t have anybody living there now. Nobody has moved in there, they've moved out and moved on to somewhere else. Yet at the same time if we want to refer back to whether or not a family may move in because they have somebody in one of the penal institutions , Bayport has only five families , last week I guessed at 20, which was way off. But I pulled up our latest computer report from Metro and there' s only five families there. Once again there' s a time line for this gal to find a place to live and be able to use her subsidy. COUNCILPERSON DOERR: Where is she living now? LUCY CHAVES : With her sister in Stillwater . [pause] MAYOR SOMMERFELDT: What are your wishes . LUCY CHAVES: The thing is for this . . . in this particular case she was issued a certificate and it expires in sixty days which is , I believe the 4th of October in this case. We would 6 S hope to have her leased up for the 1st of October in this rental unit. The maximum time we can extend that lease. . , that extension is for another sixty days in which she has to locate some place that will accept four children to live in the rental property. There is not a lot of that type of space available anywhere. And its few and far in between . COUNCILPERSON DOERR: Let me ask you a question . LUCY CHAVES : Uh-huh. COUNCILPERSON DOERR: If we approve this . If you got approval to operate in the City of Oak Park Heights, what would stop this lady from going to Oak Ridge and renting one of the $740 .00 apartments? LUCY CHAVES : The dollar amount . That' s too much money for her to rent there. And as far as I know, Oak Ridge is for elderly, not family units . I don ' t know of any families living there. MAYOR SOMMERFELDT: I think you' re right. UNIDENTIFIED SPEAKER: Other than couples. . . LUCY CHAVES : No children are there. LANDLORD: And they can' t make the landlords rent to people on Section 8 . I mean , that ' s up to the landlord. LUCY CHAVES: That' s right . COUNCILPERSON DOERR: I guess , ya know, what I 'm looking at is you take a look at the rent range, the lowest apartment in Oak Park Heights , a one bedroom is $375 .00 . COUNCILPERSON O'NEAL: There' s $350 . 00 apartments at Oak Park. Two bedrooms . Very nice . So, $350 .00 , right . 4 ! COUNCILPERSON DOERR: But , ya know, I 'm just looking at this here. LUCY CHAVES : But in that, in that, quantity that you' re talking about. Your referring to Raymie Johnson' s, right? Raymie Johnson' s is not included in the two hundred plus rental units that your talking about . It' s not included in that? COUNCILPERSON DOERR: It is . LUCY CHAVES : It is . COUNCILPERSON O'NEAL: Yes it is . I thought you were talking about the price range. LUCY CHAVES : Okay, you know, and that ' s, that' s a program all into their own. It has nothing to do with the program that we ' re talking about . We' re talking about open market private landlords. Now for this woman, and I 'm not even, because I 'm not familiar with the Raymie Johnson, it ' s not involved in the program that I deal with, I have no idea how many three bedroom units they have and what kind of waiting list they've got . That will do this person no good . COUNCILPERSON O'NEAL: It says a three bedroom here, ranges $515 .00 . LUCY CHAVES: Is that Raymie Johnson? COUNCILPERSON O'NEAL: The Estates . I ' ve got a copy of it with the Estates . COUNCILPERSON DOERR: Ten of those . Ten in a three bedroom? COUNCILPERSON O'NEAL: Right . COUNCILPERSON DOERR: Fourteen in a two bedroom. R • LUCY CHAVES : Keep in mind that when we ' re talking $660 .00 for a three bedroom unit, no matter what type it is, whether it' s a house, a trailer house, a duplex or apartment, or a single family home, that' s including utilities and the utility amounts. If the landlord pays all utilities for a three bedroom house, single family home, he can get $660 . 00 rent. But if your talking, you know, heating season, an electric bill or a fuel oil bill, you can easily put in several hundred dollars in heating a three bedroom home in fuel oil in the heating season . COUNCILPERSON SEGGELKE: Now is this an apartment building or a house we' re talking . . . where is it? UNIDENTIFIED SPEAKER: In lower Oak Park, by the railroad . COUNCILPERSON KERN: Which house down there? LANDLORD: Which one? COUNCILPERSON KERN: Yah. LANDLORD: The one on . . . right next to the railroad . COUNCILPERSON KERN: Right across the street . LANDLORD: Right next to the railroad . COUNCILPERSON KERN: Okay. COUNCILPERSON O'NEAL: Right above the hill . COUNCILPERSON KERN: Larson place. UNIDENTIFIED SPEAKER: No, right next to it. COUNCILPERSON SEGGELKE : Next one north. MAYOR SOMMERFELDT: Yep. [pause] MAYOR SOMMERFELDT: What are your wishes? 9 111 111 LUCY CHAVES : I look at this this memorandum here and I see that we' re talking about Raymie Johnson Estates primarily, um, we ' re talking about multi-family housing and first time homebuyers , and that doesn' t apply to this case. She can' t go out and be a first time home buyer . She needs to find rental property that will accept four children. It' s rare that landlords will accept that many children, and if they don' t, then she is out there with no place to live and you can' t live with family and relatives forever . You need to have a place of your own. In this case, it' s an ideal case because he will accept four children to live in his rental property. COUNCILPERSON O'NEAL: I guess council is really put on the spot if we deny it, we look like the bad guys , the villain , because we 're turning away a family with four children. LUCY CHAVES : In this case that' s what the situation is . COUNCILPERSON O'NEAL: Right . And on the other . . . LUCY CHAVES: She called me today, she has no place to go, limited amount of time to possibly find another , and knowing how long she' s carried her certificate and it' s taken almost a full sixty days to locate this property. If she doesn' t locate a property in another sixty days, she loses her subsidy and it goes out to someone else . COUNCILPERSON O'NEAL: On the other hand we ' re making a decision on one family that could affect a whole community and . . . LUCY CHAVES : I don' t know what you mean by affecting a whole community. You have rental property out there and available . it • • COUNCILPERSON O'NEAL: But youruttin landlords on the p g spot also. LUCY CHAVES : No we' re not. COUNCILPERSON O'NEAL: They have people like you who are going to come and say "we have this family, this family can rent your property that' s not being rented now because they' re going to get a subsidy and all you have to do is apply for Section 8 . " LUCY CHAVES: I don' t go out and ask for Section 8 information . COUNCILPERSON O'NEAL: Pardon . LUCY CHAVES : I don' t go out to landlords . I do not go locate property for tenants . COUNCILPERSON O'NEAL: Then how did you happen to come upon this property and did you make application to the County or did this gal happen to come upon the property. . . LANDLORD: The tenant . . . LUCY CHAVES : The tenant located him through an ad and said I have this subsidy, will you accept it? COUNCILPERSON O'NEAL: Okay. LUCY CY CHAVES; And he said yes . And I come into play because this City is not on the program yet so I have to represent the council and the program. Metro council and the program. To explain that to you. COUNCILPERSON SEGGELKE: I guess what I ' d like to see is your rules and regulations of this Section 8 . 11 • • LUCY: State statutes I think provide for that . Do you want to look through the federal regulations that govern all Section 8 programs? COUNCILPERSON SEGGELKE: What year are we talking about? LUCY: It will be the same regulations . Most of the regulations will be the same as the regulations Raymie Johnson has to go by. COUNCILPERSON SEGGELKE: That' s why I think it might help us . . . LUCY CHAVES : You know that' s a Section 8 program as well but the subsidy is attached to the building as opposed to the tenant . COUNCILPERSON SEGGELKE : This government program, there' s regulations on top of regulations on top of regulations and there' s the bureaucracy. LUCY CHAVES: And I don' t know those regulations , I would have to bring . . . UNIDENTIFIED SPEAKER: ( inaudible ) COUNCILPERSON DOERR: I say, I don' t think I want to sit through them. COUNCILPERSON SEGGELKE: I don ' t either . If you want to get a hold of me . . . ( ha ha) . [pause] COUNCILPERSON DOERR: Okay, I 'm looking at a statement that' s talking about the apartment managers, finally felt there is little need for additional multiple family developments within the City. If we don' t, if we don' t go under the. . . if we don' t • grant the use of this Section 8 in the City of Oak Park Heights , are you still going to try to rent that property? LANDLORD: Well yes . COUNCILPERSON DOERR: So one way or another it isn' t going to decrease the rental property in Oak Park Heights . LANDLORD: It' s not going to change a thing. . . LUCY CHAVES : It will just make the difference of . . . LANDLORD: Either I rent on the Section 8 certificate to the lady or I go out and rent to somebody else . I mean it . . . COUNCILPERSON DOERR: I think we can sit and we can kick this around all night, and what I 'm going tlo do to get this before the council, and we' re either going to move on and it' s going to be granted or not . I 'm going to make a motion allowing the Section 8 program in the City of Oak Park Heights [pause] . . . MAYOR SOMMERFELDT : Do I hear a second. . . [pause] MAYOR SOMMERFELDT: Do I hear a second. . . LUCY CHAVES : I would like to ask why, so that when other tenants come and say can I move into Oak Park Heights, I 'd like to be able to say something besides, they don' t accept our program, and they say why, so I would like to have something to be able to tell other renters that ask me. . . this is not the first one . COUNCILPERSON SEGGELKE : I ' ll qualify my reasoning for not seconding if thats . . . LUCY CHAVES : Okay . 111 111 COUNCILPERSON SEGGELKE: I believe it ' s imparative that judging by what we know of the rental supply in the City of Oak Park Heights , uh I think its imparative that if the marketplace dictates what landlords should should and can get for the property, the fair market as opposed to government and some government programs that can shift that. I want the private sector to settle the marketplace on rental units in the City of Oak Park Heights. As opposed to the government program especially out of ah. . . Washington, D .C. LUCY CHAVES : The fair market rent limit that HUD sets on it is the fair market rent limit for the whole metro area. The individual landlord can say what he wants for his rent, and if it ' s too high for the program, the program doesn' t work with his rental property. We' re not telling him what he can or can' t, we ' re saying what the limits are if he accepts this program, and he can say sorry its not enough, I don' t want the program and then we go on . COUNCILPERSON SEGGELKE: These programs never really always work that way, they never do. LUCY CHAVES : This one has to. COUNCILPERSON SEGGELKE: Well, you haven' t convinced me, I 'm not going to change my mind. LUCY CHAVES : I can only tell you what' s worked for all the cities . MAYOR SOMMERFELDT: Do I hear a second? Motion denied for a second. 1A • • P R O C E E D I N S G The City Council of The City of Oak Park Heights , Minnesota, a Municipal Corporation, of October 10 , 1989 CAROL WAGNER: I 'm Carol Wagner and I 'm here as a Section 8 recipient hoping that you would reconsider passing the resolution for Oak Park Heights to work with the Metropolitan Council . I am a new resident of Oak Park Heights, I 'm a full-time college student trying to work to get my degree in human services to work with Washington County. I have two sons , Danny 17 and Adam 10 . I have also a 19 year old that ' s away at college . I ' ve been in an abusive situation , that' s how I obtained the certificate. It was like a Christmas present dumped on my lap and all of the sudden I found out Oak Park Heights would not accept it . My son and I have looked since July 1st for a place to live that was clean, that didn' t have cracks and holes in the windows, that actually had doors and windows that worked. Every Tuesday when all the papers would come out we' d make a list, I 'd get him out of school and we would go look in the price range that the Section 8 certificate um, designed. family is For a of three, I can no more spend for rent and utilities $528 .00 . It' s very, very hard in the Stillwater proper area to find that type of rent . I lucked out to find a townhouse, very nice, very clean , nice neighborhood to raise my children while I am going to college. That ' s $485 .00 for rent, that leaves me just a small sum for utilities , but that' s the cheapest I can find. The average rent for a duplex or an apartment in Oak Park Heights or Stillwater II S proper is $480 .00 to $525 .00 and that doesn' t include utilities and like I said I 'm talking places where landlords don' t do repairs and it' s filthy and dirty. I have just a short time to use this certificate or otherwise I have to move again. Um, I really, um, would appreciate if you would reconsider it . I have the right as a human being to have a clean environment to raise my children and for me to finish my college education . MAYOR SOMMERFELDT: Ma ' am. CAROL WAGNER: Yes . MAYOR SOMMERFELDT: For tonight, um, our last meeting that the motion was brought up --- and it died for lack of a second. If you wish, get on the agenda for next time and resubmit to new business . Thank you . CAROL WAGNER: I do have, from Kingwood Management and other landlords , they all rent together ( inaudible) . They wish also that you would approve this Section 8 [hands out letters to councilmembers ] thank you. COUNCILPERSON ECKBERG: [ inaudible whisper] . COUNCILPERSON O'NEAL: [ inaudible whisper ] . MAYOR SOMMERFELDT: We ' ll take this under advisement should this come up. CAROL WAGNER: Thank you . MAYOR SOMMERFELDT: Yep. Any other business? Ii CERTIFICATE I , Michelle M. Krause, hereby certify that the foregoing transcript is a true and correct, full and complete transcription of proceedings of the City Council of Oak Park Heights , taken from the video recordings thereof, and transcribed to the best of my ability. Dated at St . Paul, Minnesota, this 19th dayOctober , of O to er , 1989 . /A/144,-- tace4A--- Michelle M. Krau e 1 . 0 CASE TYPE: 10 STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Carol A. Wagner , Plaintiff , SUMMONS vs . File No. The City of Oak Park Heights , a municipal corporation , and The Metropolitan Housing and Redevelopment Authority, a body corporate and politic , and the Washington County Housing and Redevelopment Authority, a body corporate and politic , Defendants . THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS: You are hereby summoned and required to served upon plaintiff ' s attorney an Answer to the Verified Complaint herewith served upon you within twenty (20 ) days after service of this Summons upon you, exclusive of the day of service . If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint . SOUTHERN MINNESOTA REGIONAL IIILLEGAL S CES, INC. JAM... A. LEE, ,3 Atto ney for tiff Minnesota Building 46 East Fourth Street St . Paul , Minnesota 55101 (612 ) 222-5863 Attorney I .D. No. 129276 111 CASE TYPE: 10 STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Carol A. Wagner , Plaintiff , vs . VERIFIED COMPLAINT The City of Oak Park Heights , File No. a municipal corporation, and The Metropolitan Housing and Redevelopment Authority, a body corporate and politic , and the Washington County Housing and Redevelopment Authority, a body corporate and politic , Defendants . COMES NOW plaintiff, and for her complaint against defendants , states and says : I . INTRODUCTORY STATEMENTS 1 . This is an action for declaratory and injunctive relief, and damages , brought by plaintiff so as to make use of subsidies provided under the federally-subsidized Section 8 Existing Housing Certificate program ( "Section 8" ) within the City of Oak Park Heights , Minnesota . Plaintiff has been certified as eligible to receive the benefit of a rental subsidy under Section 8, and has secured a rental unit in which to reside with her family, but has been prevented from using the subsidy by A s • • the refusal of the City Council of the City of Oak Park Heights to permit use of the subsidy within the City. Plaintiff also seeks reliefagainst the Metropolitan Housing and Redevelopment Authority ( "Metro HRA" ) , and the Washington County Housing and Redevelopment Authority ( "Washington County HRA" ) . Because of the refusal of these agencies to subsidize, certify or otherwise implement use of the subsidy by plaintiff without prior approval of the City of Oak Park Heights, plaintiff is suffering an unfair discriminatory practice by the joint actions of the City, Metro HRA and Washington County HRA. 2 . The actions , or failures to act, of defendants constitute an unfair discriminatory practice under the terms of the Minnesota Human Rights Act, Minn . Stat . Chapter 363 , by discriminating against recipients of Section 8 subsidies and violate those rights and protections of due process and equal protection afforded to plaintiff pursuant to the Fourteenth Amendment of the United States Constitution and Article 1 , Section 7 of the Constitution of the State of Minnesota. Accordingly, plaintiff seeks an award of declaratory and injunctive relief prohibiting the City from refusing to authorize the use of the Section 8 program or , in the alternative, declaratory and injunctive relief prohibiting Metro HRA and Washington County HRA from otherwise prohibiting use of Section 8 subsidies within the City of Oak Park Heights , notwithstanding the refusal of the City Council to authorize that use . 3 . This action is brought pursuant to State law and 42 U .S.C . 51983 . • 2 ! • II . PARTIES 4 . Plaintiff Carol Wagner is a resident of the City of Oak Park heights , County of Washington, Minnesota and is eligible to receive subsidies under the Section 8 Existing Housing Certificate program. She received a Certificate of Family Participation ( "Certificate" ) , entitling her to benefits , after fleeing domestic abuse and resides, with her two children, at 15328 N. 58th St . , Oak Park Heights , Minnesota . 5 . The City of Oak Park Heights ei ghts is a municipal corporation located wholly within the County of Washington, State of Minnesota, and is governed by a City Council. It is a "person" with the definition of that term stated in Minn . Stat . 5363 . 01 , subd . 7 (1988) . 6. The Metro HRA is a multicounty housing and redevelopment authority organized by the Metropolitan Council and enjoying a grant of authority from the State of Minnesota pursuant to Minn. Stat . 55469. 001 et seq. (1988) and 473 . 195 (1988 ) . Among its many activities , Metro HRA sponsors and administers the Section 8 program in over ninety (90) communities located in Anoka, Ramsey, and Washington Counties , Minnesota . Its representatives also exercise programmatic, administrative and management authority over the operations and personnel of the Washington County HRA. 7 . The Washington County HRA is a county housing and redevelopment authority organized by Washington County and enjoying a grant of authority from the State of Minnesota pursuant to Minn . Stat. 5462 . 001 et seq. Its administrative 3 • offices are located in St . Paul Park, County of Washington, Minnesota and it also administers the Section 8 program in the County of Washington, Minnesota . Plaintiff has received a Certificate issued pursuant to the authority of the Washington County HRA. III . FACTUAL ALLEGATIONS 8. The Section 8 Existing Housing Certificate program is a monthly rental subsidy program administered by the United States Department and Urban Development (HUD ) and participating local agencies . Tenant families participating in the program receive a Certificate of Family Participation ( see, 24 C.F.R. , Part 882 ) which entitles them to enjoy the benefits of the program. Once issued a Certificate, the tenant family has a period of sixty (60) days within which to locate a suitable rental dwelling, secure the property owner ' s consent to participate in the program, and submit relevant leasing documents associated with the proposed tenancy to the agency. After locating a dwelling, the tenant family procures a Request for Lease Approval from the agency, obtains signatures from the tenant family and the prospective landlord, known as a "property owner , " and submits it back to the agency issuing his or her Certificate . The agency then typically arranges for inspection of the rental unit by a housing code inspector , and issues a proposed Lease Agreement and Housing Assistance Payments (HAP) contract to the tenant family. After obtaining the signatures of the tenant family and property owner to these documents, the housing agency approves the 4 • initiation of a subsidized tenancy and authorizes payments to the property owner . 24 C .F.R. §882 . 209 (1989 ) . 9 . Participants in the Section 8 program pay 30% of adjusted income directly to the property owner as monthly "Tenant Rent . "24 C .F.R. §813 . 102 ( 1989 ) The difference between Tenant Rent and the monthly contract rent for the subsidized unit is paid monthly as a "Housing Assistance Payment " (HAP) directly to the owner by the housing agency. 24 C .F.R. §882 . 102 (1989 ) Under the Section 8 Existing Housing Certificate program, local housing agencies may certify the use of the Section 8 subsidy only in rental units the rent for which does not exceed the Fair Market Rent ( "FMR" ) set within the local area by the United States Department of Housing and Urban Development . 24 C.F. R. §882 . 106 (a) (1989 ) The current FMR for the City of Oak Park Heights are $455 .00 per month for a one bedroom rental unit, $540 . 00 per month for a two bedroom rental unit , $675 . 00 per month for a three bedroom rental unit and $753 . 00 per month for a four bedroom rental unit . 54 Fed . Reg . 39891 ( September 28, 1989 ) . Under the Section 8 Existing Housing Voucher Program, the agency simply pays a subsidy set up to a limit . Tenant families are then free to rent dwellings at contract rents beyond the FMRs . All other relevant program attributes are, however , essentially the same . 24 C .F.R. , Part 887 ( 1989 ) Plaintiff participates in ther Ce,tificatero a p gr m . 10 . Plaintiff rents a two bedroom townhouse at a rental rate of $485 . 00 per month plus utilities . She has made payment of the full contract rent through the end of October , 1989 . The 5 411 110 Washington County HRA issued her a Certificate on October 3, 1989 which will expire on December 3 , 1989 . (A true and correct copy of the Certificate is attached thereto as Exhibit C-1 ) . In the discretion of the issuing agency, but only upon good cause, plaintiff may be entitled to extension of her Certificate until February, 1990 . Plaintiff Wagner rents her current unit pursuant to a six-(6 ) month written lease . She faces the immediate need to make payment of further monthly rent on November 1 , 1989 . Her current monthly income is $532 . 00 per month. After paying unsubsidized rent, she is left with $47. 00 with which to meet the remaining needs of herself and her two (2 ) minor children for one month . 11 . After receiving her Certificate, plaintiff was instructed by Washington County HRA to locate a rental unit within Washington County. After locating a suitable dwelling within the City of Oak Park Heights , Minnesota, plaintiff informed the Washington County HRA, by Ms . Lucy Chaves , that she had located a suitable dwelling and wished to use her Section 8 benefits there . After investigation, Ms . Chaves informed plaintiff that the City of Oak Park Heights had not approved use of the Section 8 program within the City, and that she was required by the Washington County HRA and the Metro HRA to obtain the authorization and approval of communities within which the Section 8 program was intended to operate before the agencies would approve subsidization of the tenancy. 12 . Prior to issuance of plaintiff ' s Certificate , Ms . Chaves scheduled and made an appearance before the City Council 6 S of the City of Oak Park Heights at its duly scheduled meeting of September 11 , 1989 . She briefly introduced and explained the Section 8 program to members of the Council ,'and answered questions regarding the program. She presented the Council with a proposed Resolution , prepared by representatives of Metro HRA, authorizing and approving operation of the Section 8 program within the City of Oak Park Heights . Following discussion, further consideration of the Resolution was tabled by vote of the Council . Ms . Chaves was noted upon the official Agenda of the City Council ' s September 11 , 1989 meeting as a "visitor . " 13 . Ms . Chaves thereafter duly appeared at the next scheduled meeting of the City Council on September 25, 1989 and presented the Council with a proposed Resolution for their consideration and approval regarding Section 8 program. (A true and correct copy of this Resolution is attached hereto as Exhibit C-2 . ) 14 . At its meeting of September 25, 1989 , the City Council considered, at some length, a study prepared by City staff consultants regarding the supply and availability of rental units within Oak Park Heights . The study was represented by a Councilmember to be an update of a study prepared as a part of the City' s planning process . The study concluded that a vacancy rate of thirteen percent (13%) existed in rental housing within the City, and that some larger apartment owners or managers expressed a need for additional subsidized housing in the community. It also concluded that twenty-four subsidized rental 7 • s units for non-senior families existed in the City of Oak Park Heights . 15 . After discussion , a motion to adopt the proposed Resolution was made. The motion failed of approval for lack of a second to the motion . 16 . Various members of the City Council have stated their reasons for failing to approve the Resolution . Councilmember Seggelke has stated that he did not want "government programs" in Oak Park Heights . He has also stated that he sees the issue as "how much low rent housing . . . the community want[ s] . . . . " Mayor Sommerfeldt has publicly stated that "[W] e have enough of them [ low-income people] in the City. " He has also stated that Section 8 housing in the City is a "dead issue" and that the City Council will not approve the Section 8 program. 17 . Plaintiff telephoned the City' s Administrator ' s Office at some time prior to the City Council ' s meeting of October 10, 1989 and requested placement upon the Council ' s Agenda to reconsider approval of Section 8 . When she appeared for the meeting, she discovered that she was listed upon the Agenda as a "visitor . " (A true and correct photocopy of the agenda is attached as Exhibit C-3 ) . Upon the calling of plaintiff' s Agenda item, she made a short statement to the Council . However , Mayor Sommerfeldt informed plaintiff that she needed to submit her proposal as "new business" rather than as a "visitor" and refused further consideration of the proposal . Plaintiff was never told bythe Administrator ' s office that she must place her proposal as "new business" . Her classification upon the council Agenda was • • in the identical classification provided to Lucy Chaves at those meetings of September 11, 1989 and September 25, 1989 at which Ms . Chaves ' proposal was duly considered . 18 . The Metro HRA and the Washington County HRA refuse to certify and authorize the benefits of the Section 8 program within the City of Oak Park Heights for plaintiff, although due demand has been made of them to do so. Upon information and belief, the authority relied upon by these agencies for their refusal is Minn . Stat . §$469 .016 (1988 ) and 473 . 195 (1988) . 19 . Plaintiff has been damaged by defendants ' refusal to implement and certify her subsidy in the amount of $11 .42 per day additional rent which she must pay, and in other damages . If she is unable to use her subsidy in the City after November 1, 1989 , she will suffer irreparable injury . IV. CLAIMS FOR RELIEF 20 . The Minnesota Human Rights Act, Minn . Stat . 5363 .01- . 15 ( 1988 ) , confers a right of action to persons suffering unfair discriminatory practices in the provision of housing and public services by reason of their status with regard to public assistance . 21 . "Status with regard to public assistance" is specifically defined by the statute to include the condition of being a recipient of federal , state, or local housing subsidies , including subsidies under the Section 8 program. Minn . Stat . §363 . 01 , Subd . 27 (1988 ) . 9 410 • 22 . The Metro HRA and the Washington County HRA are "public services" as that term is defined by the Human Rights Act . Minn. Stat . §363 . 01 , Subd. 19 . (1988) . FIRST CLAIM 23 . The allegations and averments of Paragraphs 1-22 are realleged . 24 . The City of Oak Park Heights has , and is continuing to, engage in an unfair discriminatory practice in that it is discriminating against plaintiff in access to, admission to, and full utilization of the benefits of the Section 8 program from the Metro HRA and Washington County HRA because of plaintiff ' s status with regard to public assistance. Minn. Stat . §363. 03, Subd. 4(1 ) (1988) . 25 . State statutory requirements , requiring local governmental approval of "low rent housing projects, " do not apply to persons seeking to use the benefits of the Section 8 program. But for its requirement that the City of Oak Park Heights first approve use of the Section 8 program, Metro HRA would certify and implement plaintiff' s participation in the program, and therefore, the Metro HRA has , and continues to, engage in an unfair discriminatory practice in that it is denying plaintiff ' s access to, admission to, and the full utilization of benefits because of plaintiff ' s status with regard to public assistance . 26 . But for its requirement that the City of Oak Park Heights first approve use of the Section 8 program in the City, Washington County HRA would certify and implement plaintiff ' s 10 410 participation in the program. The Washington County HRA has , and continues to, engage in an unfair discriminatory practice in that it is denying plaintiff ' s access to, admission to, and the full utilization of benefits because of plaintiffs ' status with regard to public assistance . SECOND CLAIM 27 . The allegations and averments of Paragraphs 1-26 are realleged . 28 . The refusal of the City of Oak Park Heights to approve the use of the Section 8 program withholds the rental of real property from plaintiff , and discriminates against her in the conditions and privileges of rental of real property, because of plaintiff ' s status with regard to public assistance , all in violation of Minn . Stat . §3363 .03 , Subd . 2 (1 ) (a) and (b) ( 1988) . 29 . The refusal of the Metro HRA to certify and approve the Section 8 program for plaintiff in Oak Park Heights denies and withholds from plaintiff the right to lease property within the City and discriminates against her in the terms, conditions and privileges of rental services because of her status with regard to public assistance, in violation of Minn . Stat . §S363 .03 , Subd. 2(1 ) (a) and (b) (1988) . 30 . The refusal of the Washington County HRA to certify and approve the Section 8 program for plaintiff in the City of Oak Park Heights denies and withholds from plaintiff the right to lease property within the City and discriminates against her in the terms , conditions and privileges of real property in the City 11 because of her status with regard to public assistance, in violation of Minn . Stat . § 363 . 03 , Subd . 2 (1 ) (a) and (b) (1988 ) . THIRD CLAIM 31 . The allegations and averments of Paragraphs 1-30 are realleged . 32 . Defendants Metro HRA and Washington County HRA act under color of state law in anministering the Section 8 program in Washington County. 33 . Federal statute, 42 U .S .C. §1437f, and regulation , 24 C .F.R. Part 882, set forth specific eligibility criteria the satisfaction of which will otherwise entitle an applicant to enjoy the benefit of a Section 8 subsidy. 34 . Defendant agencies' requirement of prior approval of the Section 8 program by the City imposes an addititional elgibility criterion upon the use of the subsidy not authorizad by law, in violation of federal law. FOURTH CLAIM 35 . The allegations and averments in Paragraphs 1-34 are realleged . 36 . The refusal of the City of Oak Park Heights to approve and authorize the use of the Section 8 program within the City and the refusal of the Metro HRA and the Washington County HRA to certify and implement the program therein, denies plaintiff her rights to equal protection of law and due process of law granted to her under the Fourteenth Amendment to the United States Constitution . 12 i • FIFTH CLAIM 37 . The allegations and averments in Paragraphs 1-36 are realleged . 38 . The refusal of the City of Oak Park Heights to authorize the use of the Section 8 program within the City, and the refusal of the Metro HRA and the Washington County HRA to certify use of the program therein, violates plaintiff ' s right to equal protection of law and due process of law granted to her under Article I , Section 2 and Article 1 , Section 7, respectively of the Constitution of the State of Minnesota . SIXTH CLAIM 39 . The allegations and averments in Paragraphs 1-38 are realleged . 40 . The decision of the City of Oak Park Heights to refuse approval and authorization of the Section 8 program in the City is an action taken with respect to the City ' s municipal plan . 41 . Plaintiff is entitled to judicial review of the City' s action pursuant to the right of review conferred by Minn . Stat . 5462 . 361 , Subd . 1 (1988) . 41 . Plaintiff is entitled to judicial review of the City' s action pursuant to the right of review conferred by Minn. Stat . 5462 . 361 , Subd . 1 (1988) . V. PRAYERS FOR RELIEF WHEREFORE, plaintiff respectfully requests and prays the Court grant the following relief : 1 . Assuming jurisdiction of all claims and parties in this case ; 13 2 . Finding and declaring its judgment that the acts of defendants , and all of them, constitute a violation of law; 3 . Awarding temporary and permanent injunctive relief enjoining the city of Oak Park Heights from refusing to authorize the Section 8 program as proposed or some other like resolution; 4. Or , in the alternative, finding and declaring its judgment that defendant , Metro HRA and the Washington County HRA, are not required to seek the approval and authorization of the city of Oak Park Heights in order to certify and implement use of the Section 8 program within the City or any other municipality or political subdivision within their respective areas of operation; 5 . Ordering and directing the Metro HRA and Washington County HRA to certify and implement plaintiff ' s Section 8 subsidy, effective October 3 , 1989 ; 6 . Ordering entry of its judgment against the City of Oak Park Heights awarding plaintiff her actual and compensatory damages, trebled pursuant to Minn . Stat. §363 .071 , Subd. 2 (1988) ; 7 . Ordering entry of its judgment awarding plaintiff her costs and a reasonable attorney' s fee, pursuant to Minn . Stat . §363 . 14 , Subd . 3 (1988 ) and 42 U. S.C . 551988 (1988 ) ; and II , 14 • 411 8. For such other and further relief as the Court shall deem just and equitable . Dated : SOUTHERN MINNESOTA REGIONAL LEGAL SERVICES , INC. By: JAMES A. LEE , JR. Attorney for Plaintiff 300 Minnesota Building 46 East Fourth Street St . Paul, Minnesota 55101 (612 ) 222-5863 Attorney I .D . No. 129276 15 VERIFICATION STATE OF MINNESOTA) ) ss . COUNTY OF RAMSEY ) Carol A. Wagner , being first duly sworn, on oath deposes and states that she is the plaintiff in this proceeding; that she has read the foregoing Verified Complaint and knows the contents thereof; that the same is true to her own knowledge, except as to those matters therein stated upon information and belief , and as to those matters , she verily believes them to be true. Subscribed and sworn to before me CAROL A. WAGNER this day of , 1989 . NOTARY PUBLIC ACKNOWLEDGEMENT The undersigned hereby acknowledges that costs , disbursements, and reasonable attorney and witness fees may be awarded pursuant to Minn . Stat . 5549 .21 , Subdivision 2 , to the party against whom the allegations in this pleading are ass ed . Dated : ( /7o /6 C SOUTHERN MINNESOTA REGIONAL LEGAL SERVICES, INC. JAMES A. LEE , JR. Attorney for Plaintiff 300 Minnesota Building 46 East Fourth Street St . Paul, Minnesota 55101 (612 ) 222-5863 Attorney I .D. No. 129276 1111 e Familv Participationand Urban •pmertt 1 r ,, Section 8 — Existing Housing Certificate Program OMB Approval No 2502-0346(exp. 12131/88) Read entire document before completing form. 'Certificate Number Fill in all blanks below. Type or print clearly. -7 Dao 1. Insert unit size in number of bedrooms. (This is the number of bedrooms for which the Family qualifies, It Unit Size and is used in determining the amount of assistance to be paid on behalf of the Family.) 2. Date Certificate of Family Participation Issued: 2 Issu: Date Insert the actual date the Certificate is issued to the Family. �( Jf . a 3. 3,ate Certificate of Family Participation Expires: .• ion Date / Insert date sixty days after date Certificate is issued. (See section 7 of this Certificate.) ii 3 ! dip' 4. Date Extensions Expire, if applicable. 4a.Expiration Date 4b Expiration Date 5 Name of Family Representative 16.Si 'Store of Family Representative Date Signed CC,/'o l C G de A ,(/'1 -� . i/'� I /O -.,J 7 Name of Public Housing Agency(PHA) LI / sa.01449.,a4...„6. etro HRA 1 / •/ ' , 8.Name and Title of PHA Official ` C. 1 elk 1'^ 9.Signature of PHA Official Date Signed . .ar /D 1. Section 8 Existing Housing Certificate Program. E. After notification from the PHA: This Certificate has been issued by the Public Housing I. The Family and the Landlord must execute the PHA- Agency ("PHA") to the Family. The PHA has determined approved Lease, that the Family is eligible to participate in the PHA's Section 8 Existing Housing Certificate Program. Under this program, 2. The Landlord must sign both copies of the housing the PHA makes monthly housing assistance payments to a assistance payments contract and must furnish to the PHA landlord on behalf of an eligible Family. The Family selects a a copy of the executed Lease and both copies of the decent, safe and sanitary dwelling unit and PHA payments to executedhousing assistance payments contract, and the landlord help the Family pay the rent. 3. The PHA will execute the housing assistance payments contract and return an executed copy to the Landlord. 2. PHA Approval or Disapproval of Unit and Lease. F. If the PHA determines that the unit or Lease cannot be A. The dwelling unit selected by the Family must be approved approved for any reason, the PHA will notify the by the PHA as decent, safe and sanitary in accordance with Landlord and the Family that: the program housing quality standards. The Lease for the unit must also be approved by the PHA. 1. The proposed Lease or unit is disapproved for specified reasons, and B. When the Family finds a suitable unit, the Family must give the PHA the Request for Lease Approval (on the form 2. If the conditions requiring disapproval are remedied to supplied by the PHA), signed by the Landlord and the the satisfaction of the PHA and a'Request for Lease Family, and a copy of the proposed Lease. Approval is resubmitted on or before a specified date, the Lease will be approved. C. The Lease must contain all provisions required by HUD, and may not contain any provisions prohibited by HUD. A 3. Certificate. statement of required and prohibited provisions is supplied by the PHA, and must be included in the Lease. A, When issuing this Certificate, the PHA expects that if the Family submits an approvable Lease for an approvable unit, D. After the PHA receives the Request for Lease Approval the PHA will have money available to enter into a housing and the proposed Lease, the PHA/will inspect the unit. If the assistance payments contract with the Landlord. However, the PHA approves the unit and the Lease, the PHA will notify PHA is under no obligation to the Family, to any Landlord, the Landlord and the Family, and will furnish two copies of or to any other person to approve any unit or Lease. The the housing assistance payments contract to the Landlord. PHA does not incur any liability to any party by issuance of .. this Certificate. B. This Certificate does not give the Family any right to participate in the PHA's Section 8 Existing Housing Certificate Program. The Family becomes a participant in the PHA's Section 8 Program when the PHA has executed a housing assistance payments contract with a Landlord for housing assistance payments on behalf of the Family. _ .\./7 n 3[ .-3,...,,- f' t _ / .iJv's1 f1 ''''wtti T Previous Editions Obsolete form HUD:-52578 (10/87) Page 1 of 2 Pages ref. handbook 7420.7 it • _ 4. Rent. B. The Fsandy must not: A. The sum of (I) total monthly rem payable to the Landlord I. Own or have any interest in the dwelling unit (other during the term of the Lease ("contract rent") plus (2) the than in a manufactured home assisted under 24 CFR PHA-established utility allowance (where utilities are paid by Subpart F.) If the Owner is a cooperative, the Family may the Family) may not be more than the applicable fair market be a member of the cooperative. rent or exception rent limitation. In addition, the contract 2. Commit any fraud in connection with the Section 8 rent must be reasonable, as determined by the PHA. Existing Housing Certificate Program. B. The portion of the contract rent payable by the Family ("tenant rent") will be an amount determined by the PHA in 3. Receive housing assistance under the Section 8 Existing Housing Certificate Program while occupying, or receiving accordance with HUD regulations and requirements. housing assistance for occupany of, any other unit assisted C. Each month, the PHA will make a housing assistance under any,Federal housing assistance program (including payment to the Landlord on behalf of the Family. The any Section 8 program). monthly assistance payment is equal to the difference between the contract rent to the Landlord and the tenant rent paid by 4. Sublease or assign the Lease or transfer the unit. the Family. 6. Equal Housing Opportunity D. The total monthly cost of housing the Family ("gross rent") is the sum of the contract rent and any applicable If the Family has reason to believe that, in its search for utility allowance. The portion of the gross rent payable by the suitable housing, it has been discriminated against on the Family ("total tenant payment") will be an amount basis of age, race, color, creed, religion, sex, handicap or determined by the PHA in accordance with HUD regulations national origin, the Family may file a complaint with HUD. and requirements. if the utility allowance is more than the HUD has set up a "hot-line" to answer questions and take total tenant payment, the PHA will reimburse the Family for complaints about Fair Housing and Equal Opportunity. The the amount of the difference.' toll-free number is (800) 424-8590; in the Washington, D.C. metropolitan area, the number is 426-3500. 5. Obligations of the Family. 7. Expiration and Extension of Certificate. • A. The Family must: The proposed Lease and the Request for Lease Approval 1. Supply such certification, release, information or must be submitted to the PHA no later than the expiration documentation as the PHA or HUD determines to be date stated in Item 3 on the top of page one of this necessary, including submission of required evidence of Certificate. The Certificate will expire on that date unless the citizenship or eligible alien status, and submissions PHA grants a written extension of the Certificate. required for an annual or interim reexamination of Family income and composition. 2. Allow the PHA to inspect the dwelling unit at reasonable times and after reasonable notice. 3. Notify the PHA before vacating the dwelling unit. 4. Use the dwelling unit solely for residence by the Family, and as the Family's principal place of residence. 'Paragraph 4(D) is not applicable to housing assistance on behalf of the owner of a manufactured home leasing a manufactured home space. 24CFR Pan 882, Subpart F. ISI IUD-52578 Page 2 of 2 Pages • AGENDA. 41 ip* CITY OF OAK PAR' . HEIGHTS. • , e '• Fel TUESDAY, OCTOBER l0, 1989 -- 700 P.M- I. Call to Order • . v!."! • II. Public Hearings ' Amend TIF Development Plan Swager Bros. - Rezoning Haase - Interim Use ?emit Ordinance /*tend Interim Use Permit (Cost) Condon - Variance III. Tree Bids JD/. Visitors Dave Anderson/Tom Hendrickson - Portable Box Store Jim Bartlett - Rapid Oil NSP Engineer - re: Sign Carol Wagner - HRA Section 08 V. Old Business Cost Estimate - Sewer/Water Hwy. #36 Letter of Credit Resolution Sign - Silver Bat Sports Home Occupation License - Cost Resolution - Boat Landing VI . Review Minutes - September 11th & 25th VII. New Business Home Occupation Information to Occupant at 14270 57th St. Schedule Non Union Salary Review Workshop Approval for Park Quotes/Bids Change Order Q6 - City Hall Co. Public Health Dept. VIII . Departmental Reports Kern - Administration O'Neal - Streets Doerr - Utilities Seggelke - Parks Sommerfeldt - Police IX. Bills Presented for Approval & Treasurer' s Report X. Correspondence Presented City Engineer - Parking Lot Co. Public Health Dept. Metro Waste Control Mutual Service Life Ins. Co. Co. Public Works Dept. Stillwater Agenda ci-7, -I, • p )771' (2. 1, Li --------- 411 AGENDA CITY OF OAK PARK HEIGHTS MONDAY, SEPTEMBER 25 , 1989 -- 7 : 00 P. R. I . Call to Order II . Public Hearings Wm. Simonet - Home Occupation John Haase - Rezoning Swager Bros. -Minor Subdivision Rapid Oil - Sign Variance III . Visitors Tom Hendrickson - Portable Box Store Ken Kaiser Lucy Chaves - Apartment Survey & State Statutes IV. Departmental Reports O' Neal - Streets • Doerr - Utilities Seggelke - Parks Kern - Administration Sommerfeldt - Police V. Old Business Resolution - Letter of Credit (Lyle) Additional Parking - City Hall Silver Bat Sports Sign Vo to Contract Gambling License State Statutes Assessment Agreement with County Fire Contract (Lyle) VI . New Business Approve Certification of Outstanding Bills to County Cost of CUP for Home Occupation License - $300 Condon Request - Variance County Seat Change Order VII . Correspondence Presented Invitation - County Invitation - Community Access Corp. NSP City of Stillwater 11NTgirs3 • • RESOLUTION NO. RESOLUTION AUTHORIZING THE METROPOLITAN COUNCIL TO IMPLEMENT THE SECTION 8 EXISTING RENT ASSISTANCE PROGRAM WITHIN THE CITY OF OAK PARK HEIGHTS WHEREAS, the Metropolitan Council has been duly organized pursuant to Minnesota Statutes 473.06, subd. 3 and Minnesota Laws 1975, Chapter 13, Section 6, subd. 3, Section 21 , subd. 1 ; and Section 24, and has all of the powers and duties of a housing and redevelopment authority pursuant to Laws 1975, Chapter 13, Section 24 under the provision of the Municipal Housing and Redevelopment Act, Minnesota Statutes Section 462.411 and 462.711 , and acts amendatory thereof; WHEREAS, the City of Oak Park Heights and the Metropolitan Council desire to assist lower income families and individuals to obtain adequate housing in the City of Oak Park Heights at a price they can afford, and to accomplish this purpose desire to undertake a program of subsidizing rent payments to landlords who provide adequate housing to such individuals and families; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF OAK PARK HEIGHTS, that the Metropolitan Council is hereby authorized to Implement a program of rental assistance to lower Income families and individuals within the City of Oak Park Heights, and that the Mayor of the City is hereby authorized to enter into an agreement with the Metropolitan Council for operating the program within the City. Mayor Frank Sanmerfeldt Date e • CASE TYPE: 10 STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Carol A. Wagner , Plaintiff , NOTICE OF vs . MOTION AND MOTION FOR TEMPORARY INJUNCTION The City of Oak Park Heights , a municipal corporation , et al . . File No. Defendants . TO : DEFENDANTS, AND THEIR RESPECTIVE ATTORNEYS; MR. LYLE J. ECKBERG, ECKBERG, LAMMERS, BRIGGS , WOLFF, AND VIERLING, P.A. , 1835 NORTH WESTERN AVENUE, STILLWATER, MN 55082 ; AND DAVID D . THEISEN, ESQ. , METRO H.R.A. , MEARS PARK CENTRE, 230 E. FIFTH STREET, ST. PAUL, MN 55101 PLEASE TAKE NOTICE that plaintiff, by and through counsel, will move this honorable Court , The Honorable presiding, on October 1989, at o' clock in the M. , or as soon thereafter as counsel may be heard, at the Washington County Courthouse, 14900 N. 61st Street , Stillwater , Minnesota for its Order : 1 . Granting to plaintiff , and against defendant Oak Park Heights, a temporary injunction immediately enjoining the City from continuing to refuse to approve the use of the Section 8 Existing Housing program within the City, or , in the alternative , 2 . Granting to plaintiff , and against defendants Metro HRA and Washington County HRA, a temporary injection enjoining them, and each of them, from refusing to certify and implement • a use of the Section 8 program without approval by the City of Oak Park Heights . 3 . Finding and directing that no security need be posted or given by plaintiff upon such injunctions; and 4. For such other and further relief that the Court shall deem just and equitable . This motion shall be heard upon the attached Verified Complaint , Affidavit of Carol A. Wagner , Plaintiff ' s Memorandum of Law in Support of Motion for Temporary Injunction , Records of Proceedings of the City Council of Oak Park Heights , hereby offered for consideration by the Court pursuant to Minn . R. Evid. Rule 1006, as a summary of video recordings of those proceedings, a copy of which is available from plaintiff, proposed alternative Findings of Fact , Conclusions of Law, and Order for Judgment , and all other files, records and proceedings herein . Dated : /47(.27 SOUTHERN MINNESOTA REGIONAL LEGAL RVICES, INC. DAME'.' A. LEE JR. Attorney for Plai tiff 3-0-9-rMinnesota t u ' . ding 46 East Fourth Street St . Paul, Minnesota 55101 (612 ) 222-5863 Attorney I .D. No. 129276 • • 411 ACKNOWLEDGEMENT The undersigned hereby acknowledges that costs , disbursements , and reasonable attorney and witness fees may be awarded pursuant to Minn . Stat . §549 .21 , Subdivision 2, to the party against whom the allegations in this pleading are asserted . SOUTHERN MINNESOTA REGIONAL LEGAL SERVICES, INC. JAMES A. LEE JR. Atto ney for Plai t — f 300 innesota Buil• ing \46 ast Fourth Street St . Paul, Minnesota 55101 (612 ) 222-5863 Attorney I .D . No. 129276 3 • CASE TYPE: 10 STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Carol A. Wagner , Plaintiff , AFFIDAVIT OF vs . CAROL A. WAGNER The City of Oak Park Heights , File No. a municipal corporation , et al . , Defendants . STATE OFMINNESOTA ) ) ss . COUNTY OF WASHINGTON) Carol A. Wagner , being first duly sworn on oath, states and shows to the Court as follows : 1 . I am plaintiff in the above-entitled proceeding . I reside in rental housing at 15328 N. 58th St. , Oak Park Heights , Minnesota, with my sons , Danny (age 17 ) and Adam (age 10 ) . My son , Danny, attends Stillwater High School and my son, Adam, attends Withrow Elementary School in Withrow, Minnesota . I am currently a full-time college student, attending Lakewood Community College. Our family took up residence in our current home on or about October 1 , 1989 , after fleeing a situation involving domestic abuse . 2 . I, along with my son Danny, have been looking for a decent, clean place to live since July 1, 1989 . One day each week, when local newspapers were published, we would obtain the papers , quickly survey them for available rental units, and travel around the County viewing and considering rental units within our price range. I found it to be very difficult to find suitable housing for my family in the area, and we were unable to find decent and suitable housing until finding our present home in Oak Park Heights . 3 . My sons and I moved into our present home over the weekend of September 30 - October 1 , 1989 . I moved here with the expectation of receiving a Section 8 Certificate of Family Participation from the Washington County HRA. I had been informed, through the Washington County Family Violence Network, that I had been approved for a two-bedroom Certificate and an appointment was scheduled for me to receive issuance of the Certificate on October 3 , 1989 . 4 . My Certificate was issued to me by Ms . Lucy Chaves , of the Washington County HRA, on October 3, 1989 . Under the terms of the Section 8 program, I have sixty ( 60 ) days in which to use my Certificate at a rental dwelling. In order to meet the sixty ( 60 ) day deadline , I must obtain and submit to the Washington HRA County Request a for Lease Approval, Lease Agreement t and Housing Assistance Payments Contract, signed and executed by myself and the property owner or management agent of my rental unit . 5 . After informing Ms . Chaves that I had located a unit in the City of Oak Park Heights , and that the property owner was willing to participate in the Section 8 program, I was informed by her that the City of Oak Park Heights had not yet approved the use of the Section 8 program with the City. I was told that 411 • neither the Washington County ERA nor the Metro HRA would certify or otherwise permit me to use the benefit of my Certificate unless and until the City adopted a resolution approving the program. I was told by Ms . Chaves that I should consider making an appearance before the City Council at its meeting of October 10 , 1989 and asking that it reconsider its decision to reject approval of the program. 6 . The current rent for my rental unit is $485 .00 per month, not including utilities . The rent for the month of October , 1989 has been paid to my landlord, using my income from public assistance and emergency funds granted to me by other agencies for the purpose of moving and establishing my residence following the disruption of my home caused by domestic abuse. 7 . My landlord, Kingwood Management Company, supports my effort to use the Section 8 program at my present home in Oak Park Heights and has agreed to execute whatever documents might be necessary to implement the use of that subsidy. 8 . Under the terms of my lease with Kingwood Management, I am required to pay the full rent of $485 .00 on or about November 1, 1989 and each succeeding month thereafter . Due to other subsistence needs , I will not be able to both pay rent and also meet my family' s other needs for food, clothing and other expenses . I may well face eviction from my present residence if I am unable to use the benefits of the Section 8 program for payment of November ' s rent . In any event, I must use and place my certificate on or before December 3, 1989 . • • 9 . I am unable to afford the costs and expenses of yet another move for my family. As I have outlined, it took me approximately three ( 3 ) months to find suitable and decent housing for my family which was affordable. In addition, if forced to move, my childrens ' schooling could be disrupted in mid-term and I do not wish to see any further disruption in their lives . I am attempting to stabilize and secure their best interests and each of us are happy and satisfied in the residence which we have found in Oak Park Heights . We have established this as our home and hope to make it our home for the foreseeable future . 10 . When I spoke with Ms . Chaves regarding approval of the Section 8 program in Oak Park Heights, she informed me that the City had refused to approve the program and suggested that I appear at a City Council meeting to ask that the City reconsider its prior decision . 11 . I, therefore, telephoned the City Hall and asked to be placed on the agenda for a meeting of October 10 , 1989 , regarding the Section 8 program. When this item on the agenda was called by Mayor Sommerfeldt for action, I made a short statement regarding my request for approval of these programs . However , the Mayor then informed me that the issue of Section 8 subsidies had already been considered at prior meetings and rejected by the Council . I was informed that I should consider appearing again before the Council and having my request placed upon the agenda as "new business . " Upon information and belief , the Council ' s prior consideration of approval of the Section 8 program on 111 4110 September 11 , 1989 and pSeptember 25 , 1989 was also listed upon t very Council ' s agenda under the n visitorsn section in which my request appeared on the October agenda . Mayor Sommerfeldt then indicated to me that further proceedings upon my request would not be further considered by the Council on that evening. 12 . It is my desire to be permitted to raise my family and pursue my education in Oak Park Heights on an equal basis with any other person renting housing in the community. Although I feel very strongly that it is wrong for the City to treat me separately from other renters, and I am willing to fight for that opportunity, it is my ultimate hope that I can raise my sons there peacefully and without further controversy. I simply want the opportunity to be treated like anyone else and to go about my business without further interference. Further than this your affiant sayeth not. / _ 7/ / A tOL WAGNER l/ Subscribed and sworn to before me this /7 day of O 4-Qr , 1989 . ,-71:- -c,------- (--(> 14 NOTARY PUBLIC 17-674 77STEVEN 3. WOLFE 7—STEVEN `� NOTAZY PUBLIC-MU NESOTA a\ RAMSEY COUNTY My commission expires July 25, 1990 ill II 5 • I CASE TYPE: 10 STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Carol A. Wagner , Plaintiff, PLAINTIFF' S MEMORANDUM O F LAW IN SUPPORT OF MOTION vs . FOR TEMPORARY INJUNCTION The City of Oak Park Heights , File No. a municipal corporation , et al . , Defendants . I . INTRODUCTION Plaintiff requests a temporary injunction pursuant to Minn . R. Civ. Proc . 65 .02 against Defendant City of Oak Park Heights prohibiting it from continuing to refuse to approve the use of the federally-subsidized Section 8 Existing Housing program ( "Section 8" ) within the City. She asserts that the City' s refusal to permit use of the subsidy discriminates against her right to receive public services and in the rental of real property, in violation of the Minnesota Human Rights Act , Minn . Stat . Chapter 363 . In the alternative, plaintiff seeks relief against the Metropolitan Housing and Redevelopment Authority (Metro HRA) and the Washington County Housing and Redevelopment Authority (Washington County HRA) prohibiting those agencies from refusing to certify and implement use of her subsidy within Oak Park Heights . Plaintiff asserts that the Metro HRA and the Washington • County HRA are not required to seek the approval of the City prior to implementing use of her subsidy. In addition, plaintiff asserts that the agencies ' refusal to permit use of of her subsidy, without other cause, constitutes discrimination in the provision of public services and rental property, in violation of the Human Rights Act'. II . STATUTORY AND REGULATORY BACKGROUND Please refer to Paragraphs 8 and 9 of plaintiff ' s Complaint . III , THE FACTS AS TO PLAINTIFF Please refer to paragraph 10-17 of plaintiff ' s Complaint . IV. STANDARDS FOR GRANTING PRELIMINARY RELIEF Minn . R. Civ, Proc . 65 .02 states , that (b) A temporary injunction may be granted if by affidavit , depostion testimony, or oral testimony in court, it appears that sufficient grounds exist therefor . The grounds upon which the court may consider a request for temporary relief have been established in Dahlberg Brothers , Inc . v. Ford Motor Company, 272 Minn. 264 , 137 N.W. 2d 314 (1965 ) . The Supreme Court there set out the five general factors as : (1 ) The nature and background of the relationship between the parties preexisting the dispute giving rise to the request for relief . (2 ) The harm to be suffered by plaintiff if the temporary restraint is denied as compared to that inflicted on defendant if the injunction issues pending trial . (3 ) The likelihood that one party or the other will prevail on the merits when the fact situation is viewed in light of established precedents fixing the limits of equitable relief . (4 ) The aspects of the fact situation, if any, which permit or require consideration of public policy expressed in the statutes , State and Federal . 2 111 (5 ) The administrative burdens involved in judicial supervision and enforcement of the temporary decree . 137 N.W. 2d at 321-322 ; see, also, Paradata of Minnesota, Inc. v. Fox, 356 N.W.2d 852, 854 (Minn. App. 1984 ) ; Edin v. Jostens , Inc . , 343 N. W. 2d 691, 693 (Minn . App . 1984 ) . As an exercise of the court ' s equitable discretion, no one factor need be accorded necessary or determinative weight . Instead, each factor must be considered in relation to the strength or weakness of each party ' s position with respect to each factor . Where the showing as to one factor is, in isolation, not sufficient to warrant relief, the strength of other factors may overcome it and support issuance of relief . See, Dataphase Systems, Inc. v. C.L. Systems, Inc . , 640 F.2d 109 (8th Cir . 1981 ) . A. The Nature and Background of the Relationship Of The Parties . The nature of the relationship between plaintiff and the City is that of a citizen petitioning government for the opportunity to use an otherwise available public benefit . The relationship invokes no special duties, or other relationship of mutuality private to the particular parties involved, beyond the primary obligation of the City to conform to obligations of the law. The status cuo to be preserved in this case --the practical aspect which will, of necessity, change if the relief requested is not granted-- is the continued existence of the home which plaintiff has established for her family within the City. 3 411 411 B . The Harm Suffered by Plaintiff if the Injunction � o Is Denied Compared to the Harm Inflicted Upon Defendants If Issued. The harm now faced by plaintiff is the loss of the household and home which she has labored for months to secure. If she is unable to use the Section 8 subsidy now available to her , she faces imminent eviction for nonpayment of rent , or the grim alternative of paying rent at an unsubsidized rate and leaving her family' s other subsistence needs unmet . Should she be forced to again move her household, out of Oak Park Heights , her family will pay the human costs of disruption of schooling and the security of place which the children have now come to enjoy. If plaintiff is denied temporary relief, she also faces the potential that she will lose her Section 8 Certificate because of a failure to find another suitable dwelling before December 2, 1989 . In view of the time required to locate her present home, this is a real possibility. In contrast , if the injunction issues , the City of Oak Park Heights will face only that which already exists---the residence of plaintiff in the community. The City has no financial stake or investment in the operation of a Section 8 tenancy and is called upon to provide no subsidy, management support , or financial guarantees . Because the Section 8 program operates in the existing housing market, building or providing no new housing stock, neither does the City have any other particular local development or municipal planning interest . At most , the City faces the possibility that , for the period during which a temporary injunction is in effect, other persons 4 • • using Section 8 existing housing subsidies will move into the community. It being illegal for a government entity to treat the status of receiving a Section 8 subsidy itself as a criterion, and the City not trying to restrict immigration into the City by other renters , the City can only claim that particular other problems which it wishes to avoid are associated solely with Section 8 recipients . The City makes no attempt , for example, to exclude poor persons without Section 8 Certificates . Indeed, for those social problems engendered by lack of money, it would be the Section 8 tenant , with additional money made available by reduction of housing expenses , who would be less likely to experience such problems . Finally, the Metro HRA and Washington County HRA will suffer no harm if the injunction is awarded to plaintiff . The subsidy which is to be paid by these agencies has been otherwise offered , and will be paid for rental housing in Oak Park Heights , or some other community. C. Plaintiff is Likely to Prevail on the Merits. 1 . The Minnesota Human Rights Act The City' s refusal to approve use of the Section 8 program within Oak Park Heights discriminates against plaintiff based upon her status with regard to public assistance . Its continuing rejection of the program violates the Minnesota Human Rights Act, Minn . Stat . 5363 .01 et seq. a) Public services discrimination Minn . Stat . 5363 .03 , subd. 4 (1988) states : It is an unfair discriminatory practice : 5 . (1 ) To discriminate against any person in the access to, admission to, full utilization of or benefit from any public service because of . . . status with regard to public assistance . . . . "Public assistance" is defined to include "rental assistance or rent supplements" received from "federal, state or local subsidies . " Minn . Stat . §363 . 01 , subd. 27 (1988) . "Public service" is defined at Minn . Stat . 8363 . 01 , subd. 19 (1988) as : . . . any public facility, department, [or] agency, . . . operated or managed by or on behalf of the state of Minnesota, or any subdivision thereof, including any county, city, town, township, or independent district in the state . Thus , a "public service" includes the Metro HRA and the Washington County HRA, as "agencies" operated by subdivision or districts of the state political subdivisions . Oak Park rieights ' policy operates to separate persons with Section 8 subsidies from other persons residing, or wishing to reside, within the community. As such, it constitutes discrimination under the Act, Minn . Stat . 8363 . 01 , subd . 10 (1988 ) , in the "access to" and "full utilization" of a "benefit" offered by a "public service . " City of Minneapolis v. Richardson 307 Minn . 80 , 239 N.W. 2d 197 (1976 ) . b) Real Property Discrimination The Act also prohibits discrimination in the rental of housing : Subd . 2 . Realr � oper _y, It is an unfair discriminatory practice : (1 ) For an owner , lessee, sublessee, assignee, or managing agent of, or other person having the right to 6 411 411 sell , rent or lease any real property, or any agent of any of these : (a) to . . . otherwise deny or withold from any person or group of persons any real property because of . . . status with regard to public assistance . . . ; or (b) to discriminate against any person or group of persons because of . . . status with regard to public assistance . . . in the terms, conditions or privileges of the . . . rental or lease of any real property or in the furnishing of facilities or services in connection therewith . . . " Minn . Stat . 5363 . 03 (1988 ) . The City' s action in refusing to approve use of the Section 8 program "denies" and "withholds" rental of real property from plaintiff due to the very fact that she is a Section 8 recipient . In addition, the City' s refusal discriminates against plaintiff in the "terms , conditions or privileges" of the lease of the real property in which she resides by separating her, as a Section 8 recipient, from those renters within the community leasing under all other available terms of the tenancy. Such separation and segregation is a prohibited action under the Act ' s definition of "discriminate . " Minn . Stat . §363 . 01, Subd . 10 (1988) . Although certainly uninvitied by plaintiff ' s landlord, the City should be deemed by this Court to be the "agent" of plaintiff ' s landlord, Kirkwood Management Company. First, the City' s refusal to approve the Section 8 program directly affects the rental and the leasing of the apartment which Kirkwood wishes to make by unavoidable interference . As a "forced" interference with the housing relationship between plaintiff and Kirkwood, the City ' s action directly affects that relationship. 7 • I Secondly, the Supreme Court has consistently held that the provisions of the Minnesota Human Rights Act should be construed liberally and broadly so as to effectuate its general purpose of eradicating discrimination in Minnesota. Continental Can Company v. Minnesota, 297 N.W. 2d 241 (1980 ) ; City of Minneapolis v. Richardson, 307 Minnesota 80 , 239 N.W. 2d 197 ( 1976 ) . In Richardson, a public services case , the Court rejected the trial Court ' s holding that the actions of a Minneapolis police officer directing racial epithets against a member of the public did not constitute discrimination. The court ' s reasoning regarding the scope of activity swept within the protections of the Act can be seen from the following: It is suggested that any discrimination in the arrest and detention is not discrimination "in the access to, admission to, full utilization of or benefit from" a public service . . . We reject any such narrow construction of the statute . It is not disputed that the Minneapolis Police Department is a public service within the definition of that term. . . Civil, non-discriminatory treatment of citizens by police is an important part of the full utilization of and benefit from police services . Any other construction would defeat the intent of the legislature that the Human Rights be liberally construed to aid in the elimination of discrimination in public services . 239 N.W. 2d at 203 (citations omitted) . The broad sweepof the Act is also indicated bycomparison p rison with provisions prohibiting discrimination in rental of housing under the federal Fair Housing Act , 42 U .S .C. §3604(a) ( 1989 ) . Under this Act, in many ways similar to Chapter 363 , federal courts have held that anti-discrimination statutes can reach beyond the usual actors in a rental transaction . Activities held 8 411 actionable have included village zoning policies which make construction of low-income housing by third-parties more difficult, the fire bombing of an automobile, intended to discourage home ownership, and property appraisal practices all found to have made housing "otherwise unavailable" or denying [housing] , 42 U .S .C. 53604(a) to persons for discriminatory reasons . See, Steptoe v. Beverly Area Planning Association, 674 F. Supp. 13 (N.D. I11 . 1987 ) (and cases cited therein) . As in Metropolitan Housing Development Corporation v. Village of Arlington Heights, 558 F. 2d 1283 (7th Circuit 1977 ) , cert . denied, 434 U .S. 1025, 98 S . Ct . 752 (1978 ) , the village did not itself have the power to "sell or rent" of subsidized rental units but the village ' s power to prevent the construction or provision of housing by a third party nevertheless fell within the reach of the Fair Housing Act . In order to reach all actions denying housing based upon status with regard to public assistance, the actions of the City of Oak Park Heights should be held also to be within the prohibitions of our State ' s Human Rights Act . C . Discrimination by the Housing Authority Plaintiff contends that the statutory provisions relied upon by the Metro HRA and the Washington County HRA purporting to require the approval of the City for "housing projects" do not require that the Section 8 Existing program be approved by local municipalities . Thus, without apposite authority for requiring such approval , the agencies ' refusal to certify and implement plaintiff ' s Section 8 tenancy constitutes an unfair 9 411 410 discriminatory practice in the access to public services offered by the agency and in the rental of real property. Minn . Stat . §363 . 03 , Subds . 2 and 4 (1988) . 2 . The City' s Refusal Violates y Constitutional Protection a . Equal Protection of the Laws The guarantee of equal protection of the laws granted to Minnesota citizens under the State Constitution are co-extensive with the protections afforded by the Fourteenth Amendment of the United States Constitution . Minneapolis Federation of Teachers, Local 59, v. Obermeyer, 275 Minn. 347, 147 N.W. 2d 358 (1966 ) ; AFSCME v. Sundquist , 338 N.W. 2d 560 (Minnesota 1983 ) . The City' s action in this case acts to define, and treat separately, the class of Section 8 renters from all other persons wishing to reside in Oak Park Heights , whether renters or prospective home owners . In other words, the sole criterion relied upon by the City Council in refusing to approve use of the Section 8 program is the program itself ; no other attempts are made to exclude other persons wishing to take up residence within the City. Under normal circumstances, a governmental classification may withstand equal protection scrutiny if the criterion for distinguishing between persons affected bears some rational relationship to, or has some rational basis in, the effectuation of a legitimate governmental purpose. Price v. Amdal , 256 N.W. 2d 461 (Minnesota 1977 ) ; Good Neighbor Care Center v. City of Little Canada, 357 N.W. 2d 159 (Minn . App. 1984 ) . However , where the person affected by the governmental 410 classification is a member of a group or class specially protected against discrimination, an enhanced standard of scrutiny of the governmental classification is warranted . See, e .g. , Khalifa v. State of Minnesota, 397 N.W. 2d 383, 398 (Minn . App. 1986 ) . In this case, the particular criterion for classification which the City' s action has invoked is specifically protected under the State Human Rights Act . The Legislature ' s decision to shield persons receiving public assistance from discrimination, including the receipt of Section 8 housing subsidies , evinces the State' s public policy to subject such classifications to greater scrutiny. Even assuming that the City could prevent particular classes of citizens from residing in Oak Park Heights, there is no substantial or legitimate justification for finding that the use of the Section 8 subsidy is associated with social problems which the City may act to prevent . The Legislature has specifically prohibited such classification, and the City has not otherwise acted to prevent plaintiff from residing within the community. Thus, it is doubtful whether the City' s classification could withstand even "rational basis" scrutiny. B . Due Process of Law The due process clauses of the State and federal constitutions are generally co-extensive . Anderson v. City of St . Paul , 226 Minn. 186, 32 N.W. 2d 538 ( 1948 ) . Plaintiff ' s right to make use of her federally-subsidized benefit isalso a "property" right entitled to the protections of due process of law . The refusal of the City to permit the use of that benefit 11 4 4 denies her that right because the decision was arbitrary and capricious, and unsupported by the evidencep roffered in justification for it . There is no support for the proposition that refusing to allow the use of the Section 8 subsidyin the community m nit will Y serve to prevent or diminish any of the problems cited by the City Council at its proceedings considering this issue . First, there is no reason to believe that families of inmates at the correctional institution located in Oak Park Heights enjoy the benefit of the Section 8 program any more than others . Thus , even if this were a legitimate governmental objective, approval of the Section 8 program will not result in an increase of immigration by these persons into the community. ' Secondly, the problem of transcience is itself ameliorated by the very Section 8 program which the City seeks to reject . Section 8 helps low-income persons establish long term and stable tenancies . Thirdly, a desire to avoid "government programs " is contradicted by the presence of Raymie Johnson Estates , another form of federally subsidized housing, within Oak Park Heights . Finally, the City' s desire to discourage or otherwise regulate the production of additional rental housing is unaffected by introduction of the Section 8 program into the community. This program builds or provides no new housing . If the City sees a vacancy rate of thirteen percent as a problem, the Section 8 Certificate program is the solution in that demand which is not now is not available at market rates to fill those units is made available by the provision of the subsidy. it it 12 • I 3 . The housing authorities need not obtain the approval of local governmental subdivisions for the Section 8 Existing Housing program. The statutory provisions apparently relied upon by defendant housing agencies in seeking approval of the Section 8 program by the City are Minn . Stat . §§469 .016 (1988 ) and 473 . 195, Subd . 1 (1988 ) . The first statute states , that An authority shall not initiate any low rent housing project, and shall not enter into any contract with respect to it until . . . (2) the governing body of the municipality has by resolution affirmed those findings of the authority [ finding a need for low income housing] and approve the provision of that low rent housing project . This subdivision shall not apply to any public low rent housing projects for which financial assistance is provided by the federal government, and which does not require any direct loan or grant of money from the municipality as a condition of a federal financial assistance. An authority shall not make any contract with the federal government for a low rent housing project unless the governing body of the municipality has by resolution approved the provision of that low rent housing project . " Minn . Stat . §469 .016 . As a threshold matter , it is undisputed that the financial assistance constituting the benefit of the Section 8 program is provided by the federal government to the housing authority by HUD. In addition, under the terms of the Section 8 Existing Housing program, 24 C .F.R. , Part 882 , no "direct loan or grant or money" is required or expected from the local government unit . A low rent housing project using other types of federal financial assistance, such as public housing, the Section 8 New Construction or Substantial Rehabilitation program, may, in contrast, call for some contribution of financial assistance or guarantees from the local community. Thus , due to the particular 13 4 character of the Section 8 Existing Housing program, the exception found in the statute may explicitly exclude approval for the subsidy which plaintiff seeks to use . Minn . Stat . §473. 195 , Subd. 1 ( 1988) states, in relevant part, that the Metropolitan Council . . .shall not implement any housing project, housing development project, redevelopment project or urban renewal project within the boundaries of any municipality or county without the prior approval of the governing body of the municipality or county in which any such project is to be located . . . Thus , the requirement for prior approval for the Metropolitan Council Housing and Redevelopment Authority is essentially identical to the approval required of all housing authorities by Minn . Stat . S469 .016. The specific definition given to "housing project" in Chapter 469 is as follows : Subd . 12 . Project . "Project" means a housing project, a housing development project or a redevelopment project, or any combination of those projects . . . Subd. 13 . Housing Project . "Housing project" means any work or undertaking to provide decent, safe, and sanitary dwellings for persons of low income and their families . Such work or undertaking may include acquisition or provision of buildings, land, equipment , facilities, and other real ar personal property for . . . appurtunances, streets, sewers , water service, utilities , site preparation ,' landscaping, administrative, community, health, recreational welfare, or other purposes . "Housing project" also includes the planning of the buildings and improvements , the acquisition of property, the demolition or removal of existing structures , the construction , reconstruction , alteration, and repair of the improvements and all other work in connection therewith . The description of the particular activities intended to be 14 111 S included within the definition of "work or undertaking" defining a "housing project" makes it clear that the Legislature did not intend to require approval of rental subsidy programs which do not involve the actual construction, or reconstruction, of new housing structures . Because the Section 8 Existing Housing program simply provides a subsidy to rental housing which already exists , and requires no involvement by the housing authority in the construction or reconstruction of it , the approval required by Minn . Stat . §469 .016 does not apply to benefits provided under the program. In like fashion, as a special case, and by its use of the specific statutory language "housing project, housing development project, and redevelopment, " also defined in Chapter 469 , the provisions of Minn . Stat . §473 . 195 applying specifically to the Metropolitan Council HRA should also be held by the Court as not applicable to the benefit at issue in this case . Thus, should the Court determine that plaintiff is not entitled to preliminary relief against the City, it may alternatively direct the Metro HRA and Washington County HRA to otherwise certify and implement plaintiff ' s subsidy without prior approval by the City of Oak Park Heights . D. Considerations of Public Policy The public interest is found in insuring that plaintiff will be able to maintain her present home to the extent possible under law. The financial and emotional harm likely to be suffered if plaintiff ' s household is disrupted is so serious that all attempts should be made to insure her continued occupancy. The Section 8 Existing Housing program was established by Congress 15 • i for the purpose of promoting economically mixed housing and helping low-income families to obtain suitable and decent housing . 42 U. S .C. §1437f (a) (1988) . The State of Minnesota, and local governments, through housing and redevelopment authorities, have also found the public interest to be served by the eradication of discrimination based upon receipt of public assistance and in the housing of low income persons . Minn . Stat . 55363 . 01 et seq. and 469 .001 (4 ) (1988 ) . The Court will experience incur no administrative burden in enforcing or supervising preliminary relief . The operation of the Section 8 program in Oak Park Heights is essentially self-executing as to the City. Once allowed , the City is no longer involved in the operation of the program. Thus , beyond making decisions with respect to permanent relief, the Court should not find it necessary to become involved with the operations of the program. Neither will preliminary relief involve the Court with the Metro HRA or Washington County HRA. Administrative operations for the program exist on an ongoing basis and are prepared to accomodate plaintiff ' s use of her Certificate . E. The Court Should Require No Security for the Injunction Minn . R. Civ . Proc . 65 . 03 states : (1 ) No temporary restraining order or temporary injunction shall be granted except upon the giving of security by the applicant, in such sum as the court deems proper , for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained . As stated , the City has no financial participation in the Section 16 1 i 8 program operating in the community. Its only participation is to approve the program. Thus, no damages or costs are to be anticipated if the City is required on a temporary basis to approve implementation of the program. Alternatively, the Metro HRA and Washington HRA are now prepared to pay out the subsidy to which they have said plaintiff is otherwise entitled. Thus, no damages will be generated as a result of an injunction . The Court has the discretion to "deem proper" a setting of no security, particularly in the case of a litigant proceeding in forma pauperis . In re Giblin, 304 Minn. 510, 232 N.W. 2d 214 (1975 ) . IV. CONCLUSION For the foregoing reasons, plaintiff respectfully requests that the Court grant her motion seeking a temporary injunction against the City of Oak Park Heights prohibiting it from refusing to approve the Section 8 program, or , in the alternative, enjoining the Metro HRA and the Washington County HRA from refusing to certify and implement the Section 8 benefits to which she is now entitled . Respectfully submitted , SOUTHERN MINNESOTA REGIONAL LEGAL SERVICES, INC . Dated : By JAMES A. LEE, JR. Attorney for Plaintiff 300 Minnesota Building 46 East Fourth Street St . Paul, Minnesota 55101 (612) 222-5863 Attorney I .D . No . 129276 17 411 111 CASE TYPE: 10 STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Carol A. Wagner , Plaintiff, VS . FINDINGS OF FACT, CONCLUSIONS OF LAW, AND The City of Oak Park Heights , ORDER FOR JUDGMENT a municipal corporation , File No. and The Metropolitan Housing and Redevelopment Authority, a body corporate and politic , and the Washington County Housing and Redevelopment Authority, a body corporate and politic , Defendants . This matter came on before the undersigned Judge of District Court at a Special Term thereof. Plaintiff appeared personally and by counsel, Southern Minnesota Regional Legal Services , Inc . , James A. Lee Jr . , Esq. ; Defendant City of Oak Park Heights appeared by counsel, Lyle J. Eckberg , Esq. ; Defendant Metro H.R.A. appeared by counsel, David D . Theisen, Esq. Now, having duly considered those Affidavits offered by plaintiff in support of her request for relief, the Verified Complaint , those records of Council Proceedings of the City of Oak Park Heights of September 11 , 1989 , September 25, 1989, and October 10, 1989, those Affidavits and proofs offered by defendants in response thereto, arguments of counsel, written and oral, and all files, 4 411 records and other proceedings herein, the Court does make the following FINDINGS OF FACT 1 . The Section 8 Existing Housing program is a federally-subsidized program of monthly rental assistance benefiting persons needing certain income and other eligibility criteria. The Section 8 program is administered in Washington County by the Metropolitan Housing and Redevelopment Authority (Metro HRA) and the Washington County Housing and Redevelopment Authority (Washington County HRA) . 2 . Before certifying or implementing a Section 8 benefit on behalf of a qualifying tenant , Metro HRA and Washington County HRA require that the local governmental unit in which the subsidy benefit is to be used first grant approval of the use of the program by resolution of the legislative body of the community. 3 . Plaintiff received a Section 8 housing Certificate of Family Participation from Washington County HRA on October 3, 1989 . The Certificate entitles her to receive the benefits of the Section 8 program if other requirements of the program are first met . 4. Plaintiff has been a resident, along with her family of two sons, of the City of Oak Park Heights , Minnesota since October 1, 1989 and wishes to use the benefit of the Section 8 program for the rental dwelling in which she now resides . However , the City of Oak Park Heights , by its City Council , has not yet approved the use of the Section 8 program. Plaintiff ' s present landlord is ready, willing and able to enter into a 2 I plaintiff ,Section8 tenancywith and plaintiff is a person otherwise entitled to receive the benefits of the program but for the failure of the City to approve it . li 5 . The defendant City of Oak Park Heights has considered approval of the Section 8 program on September 11 , September 25 and October 10, 1989 . However, defendant City has refused to approve use of the program. 6. The benefits provided by the Section 8 Existing Housing program, including the Certificate Program and the Voucher Program, are "public assistance" as that term is defined by Minn . Stat . §363 . 01 , Subd . 27 (1988) . 7 . The Metro HRA and Washington County HRA are "public services" as that term is defined by Minn . Stat . §363 . 01 , Subd . 19 (1988) . 8 . Defendant City makes no claim that plaintiff should be prohibited from residing in the City of Oak Park Heights . 9 . Defendant City' s refusal to approve use of the Section 8 program discriminates against plaintiff in access and full utilization of the Section 8 program because of her status with regard to public assistance . 10 . Defendant City' s refusal to approve the program also discriminates against plaintiff in the rental of real property within the City and discriminates in the terms, conditions and privileges of the lease of that property because of her status with regard to public assistance as a Section 8 recipient . 11 . Defendant City has proffered several reasons for its refusal to approve the Section 8 program. The Court has duly 3 110 S considered these reasons in the light of its understanding of the program, and of the factors cited by the City in support of its prosition, including the vacancy rate in rental housing within the City, those subsidized rental housing units which already exist in the City, and the general need for the City to anticipate and respond to social and governmental problems . The Court finds none of these arguments to be supported by the evidence and finds, rather, that rental assistance given under the Section 8 program could well be of great benefit to the City in addressing the concerns raised by the Council . Accordingly, the Court finds the City' s refusal to approve the program to be arbitrary and capricious upon the record. 12 . Plaintiff is of extremely limited means and income. Rent for her current residence is $485 .00 per month, plus utilities . She currently has a combined household income of approximately $700 .00 per month income with which to support herself and two (2 ) minor sons . Plaintiff is obligated to make payment of rent to her landlord on or about November 1, 1989 and the first day of each month succeeding thereafter . 13 . Plaintiff is now financially unable to move her household from the City of Oak Park Heights . Her family ' s household has recently been disrupted due to domestic abuse and the necessity which she found to move from her previous residence . Plaintiff experienced great difficulty in locating and securing suitable and decent housing within the past few months and she will likely be unable to find suitable housing elsewhere before 4 41/ 4 November 1, 1989 . She will suffer irreparable harm if an injunction does not issue. 14 . Defendant City incurs no financial or other obligation regarding the Section 8 program by approving use of the benefits of the program within the City. 15 . Defendant City is unlikely to suffer any costs or expenses by reason of a temporary injunction in this case. Therefore, the Court finds security from plaintiff to be unnecessary at this time . NOW therefore, the Court makes the following: CONCLUSIONS OF LAW 1 . Plainfiff is likely to suffer great harm if defendant City is not prohibited from refusing to allow the Section 8 program within the community on a temporary basis . Defendant City, on the other hand, is likely to suffer no measurable harm if such a prohibition issues on a temporary basis . 2 . Section 8 rental assistance is a "benefit" provided by a "public service" agency within Washington County. If trial of this cause proceeds on the merits, the Court concludes that plaintiff is likely to prevail against defendant City in her claim that the City' s refusal to approve the program is an unfair , discriminatory practice and violation of Minn . Stat . §363 . 03 , Subd . 4 (1988) . 3 . Due to the approval requirement imposed by Metro HRA and by the Washington County HRA, the defendant City is in a position to prevent rental or leasing of real property within the 5 4 4II City of Oak Park Heights pursuant to the terms , conditions and privileges of a Section 8 tenancy. If trial of this cause proceeds to the merits , the Court concludes the plaintiff is likely to prevail in her claim against defendant City and establish that the City' s actions constitute an unfair discriminatory practice in the rental of real property, in violation of Minn . Stat . §363 . 03 , Subd. 2 (1 ) (1988 ) . 4 . Upon the record presently before the Court, the City' s approval to approve the Section 8 program is arbitrary and capricious and without support . It is likely, therefore, that should this cause proceed to trial on the merits , plaintiff will prevail against defendant City in her claim that the City' s actions violate her rights to due process and equal protection of laws . 5. The Resolution proposed for adoption by the City of Oak Park Heights would permit use of the rental subsidy by persons other than plaintiff, so long as they are otherwise qualified . Strong public policy considerations, including the need to provide safe, sanitary and affordable housing for persons fleeing domestic abuse, stand in support of the Section 8 program. State and federal statutes make findings of need for the program. Accordingly, the Court does make its following : ORDER FOR JUDGMENT 1 . Defendant City of Oak Park Heights should be, and the same hereby is , immediately enjoined from continuing to refuse to approve the use of the Section 8 Existing Housing program within the City of Oak Park Heights ; and ti 4 4 2 . Defendant City of Oak Park Heights shall forthwith and without delay take whatever steps may be necessary to fully bring the City within the terms of this Order ; support Plaintiff need post no security in of this Temporary Injunction; and 4 . Plaintiff shall cause a Certified copy of these Findings of Fact , Conclusions of Law and Order for Judgment to be personally served upon the City Administrator for the City of Oak Park Heights , and that such service shall be due and sufficient for all purposes herein. IT IS SO ORDERED: Dated : JUDGE OF DISTRICT COURT 7 411 CASE TYPE: 10 DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Carol A. Wagner , Plaintiff, vs . FINDINGS OF FACT The City of Oak Park Heights , CONCLUSIONS OF LAW, AND a municipal corporation, ORDER FOR JUDGMENT File No. and The Metropolitan Housing and Redevelopment Authority, a body corporate and politic , and the Washington County Housing and Redevelopment Authority, a body corporate and politic , Defendants . This matter came on before the undersigned Judge of District Court at a Special Term thereof. Plaintiff appeared personally and by counsel, Southern Minnesota Regional Legal Services , Inc . , James A. Lee Jr . , Esq. ; Defendant City of Oak Park Heights appeared by counsel , Lyle J. Eckberg, Esq. ; Defendant Metro H.R.A. appeared by counsel , David D. Theisen, Esq. Now, having duly considered those Affidavits offered by plaintiff in support of her request for relief, the Verified Complaint , those records of Council Proceedings of the City of Oak Park Heights of September 11 , 1989, September 25 , 1989, and October 10, 1989, those Affidavits and proofs offered by defendants in response thereto, arguments of counsel, written and oral, and all files , • 411 records and other proceedings herein, the Court does make the following FINDINGS OF FACT 1 . The Section 8 Existing Housing program is a federally-subsidized program of monthly rental assistance benefiting persons needing certain income and other eligibility criteria . The Section 8 program is administered in Washington County by the Metropolitan Housing and Redevelopment Authority (Metro ERA) and the Washington County Housing and Redevelopment Authority (Washington County HRA) . 2 . Before certifying or implementing a Section 8 benefit on behalf of a qualifying tenant , Metro HRA and Washington County HRA require that the local governmental unit in which the subsidy benefit is to be used first grant approval of the use of the program by resolution of the legislative body of the community. 3 . Plaintiff received a Section 8 housing Certificate of Family Participation from Washington County HRA on October 3, 1989 . The Certificate entitles her to receive the benefits of the Section 8 program if other requirements of the program are first met . 4 . Plaintiff has been a resident, along with her family of two sons, of the City of Oak Park Heights, Minnesota since October 1, 1989 and wishes to use the benefit of the Section 8 program for the rental dwelling in which she now resides . However , the City of Oak Park Heights , by its City Council , has not yet approved the use of the Section 8 program. Plaintiff ' s present landlord is ready, willing and able to enter into a 2 I 4 Section 8 tenancy with plaintiff, and plaintiff is a person otherwise entitled to receive the benefits of the program but for the failure of the City to approve it . 5 . The defendant City of Oak Park Heights has considered approval of the Section 8 program on September 11 , September 25 and October 10, 1989 . However, defendant City has refused to approve use of the program. 6. The benefits provided by the Section 8 Existing Housing program, including the Certificate Program and the Voucher Program, are "public assistance" as that term is defined by Minn . Stat . §363 . 01 , Subd. 27 (1988) . 7 . The Metro HRA and Washington County HRA are "public services" as that term is defined by Minn . Stat . §363 .01, Subd . 19 (1988) . 8. Defendant City makes no claim that plaintiff should be prohibited from residing in the City of Oak Park Heights . 9 . Metro HRA acts in a position of authority with respect to Washington County HRA and exercises management, administrative, and programatic control over the latter' s operation of the Section 8 Existing Housing program in the County. The Metro HRA and Washington County HRA rely upon the purported requirements of Minn . Stat . §5469 .016 and 473 . 195 in requiring that local governmental subdivisions approve the use of the Section 8 program. These statutes require local approval prior to the sponsoring of "any housing project, housing development project , redevelopment project or urban renewal project . " 3 • Definitions of these terms are provided in Minn . Stat . §469 .001 (1988) and refer to the "acquisition and provision" of housing . 10 . But for defendant City' s refusal to approve the Section 8 program, the Metro HRA and Washington County HRA stand willing, ready and able to certify and otherwise implement the benefits of the Section 8 program for plaintiff such other individuals who may hereafter qualify. NOW, therefore, the Court makes the following : CONCLUSIONS OF LAW 1 . Examples of activities included within the definition of the term "housing project" refer exclusively to activities associated with the construction or reconstruction of new housing units. The Court concludes that the statute ' s reference to "housing project, " and other associated terms, as acquisition or provision of housing does not include the Section 8 Existing Housing program. 2 . The Metro HRA and Washington County HRA are not required to obtain the approval of the City of Oak Park Heights before they may certify and implement use of the program for otherwise eligible individuals . Should this case proceed to trial on the merits , the Court concludes that plaintiff is likely to prevail on this claim against defendants Metro HRA and Washington County HRA. 3. Defendants Metro HRA and Washington County HRA are likely to suffer no harm if temporary relief issues pending trial . 4 410 411 In contrast , plaintiff may suffer a disruption of her household and other irreparable if temporary relief does not issue. 4. Accordingly the Court makes the following : ORDER FOR JUDGMENT 1 . Defendants Metro HRA and Washington County ERA should be, and the same hereby, are enjoined from refusing to certify and implement use of the Section 8 program by plaintiff and any otherwise eligible individual , within the City of Oak Park Heights, notwithstanding the lack of approval by the City thereof ; and 2 . Defendants Metro ERA and Washington County ERA shall forthwith, and without delay, proceed with whatever other procedures and steps are necessary to certify and implement plaintiff ' s Section 8 tenancy, effective from October 3, 1989; and 3 . Plaintiff need post nor pledge any security in support of this temporary injunction ; and 4 . Plaintiff shall cause to be served upon Mr . Thomas McElveen, Director of Metro ERA and Mr . Dennis Balyeat , Executive Director of the Washington County HRA, by personal service, a Certified copy of these Findings of Fact, Conclusions of Law and Order for Judgment, and that such service shall be due, complete and proper for all purposes . IT IS SO ORDERED: Dated : JUDGE OF DISTRICT COURT 110 411 CASE TYPE: 10 STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Carol A. Wagner , Plaintiff , vs . MOTION FOR LEAVE TO PROCEED he City of Oak Park Heights , IN FORMA PAUPERIS a municipal corporation, File No. and The Metropolitan Housing and Redevelopment Authority, a body corporate and politic, and the Washington County Housing and Redevelopment Authority, a body corporate and politic, Defendants . Plaintiff hereby moves this Court for an Order allowing her to proceed In Forma Pauperis pursuant to Minn . Stat. §563 . 01, as amended, L. 1989 , Chapter 94 , with payment of fees and costs waived. This Motion is supported by an accompanying Affidavit of Plaintiff . SOUTHERN MINNESOTA REGIONAL LEGAL SERVICES, INC. BY JAMES A. LEE, JR. Attorney for Plaintiff 300 Minnesota Building 46 East Fourth Street St. Paul, Minnesota 55101 ( 612 ) 222-5863 Attorney I .D. No. 129276 ! • SII CASE TYPE: 10 STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Carol A. Wagner, Plaintiff , vs . AFFIDAVIT OF IN FORMA PAUPERIS The City of Oak Park Heights , a municipal corporation , et al . , File No. Defendants . STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) Carol A. Wagner , being first duly sworn upon oath, deposes and says : 1 . I am the plaintiff in the above-entitled proceeding and I am entitled to and in good faith intend to file my Verified Complaint seeking relief against defendants . 2 . The claims of my Complaint are true and meritorious . 3 . My household' s income consists of the $532 .00 per month as Aid to Families with Dependent Children (AFDC) public assistance which I receive as aid to support my two ( 2 ) minor children from the Washington County Social Services Department . My son also works part-time as a grocery stocker and earns approximately $40 .00 per week. 4 . I own minimal personal property consisting of customary household goods , furnishings and personal clothing . S 4 5 . I own no valuable jewelry, sporting equipment , hobby goods , machinery, stocks, bonds, securities or other personal property of value . 6 . I own a 1982 AMC Eagle automobile with a market value of $2 , 375 . 00 . I own no real property and have no other assets or resources of more than nominal value . 7 . All of my income and minimal assets are needed to provide for the support of myself and mytwo minor children . PP Y 8 . I am represented in this proceeding by a "civil legal services program" as that term is used in Minn . Stat . §563 .01 . 9 . Because of poverty, I am unable to pay the costs and expenses of this proceeding or to give security therefor . WHEREFORE, affiant presents this Affidavit to obtain waiver of the costs , fees and expenses of this proceeding . Subscribed and sworn to before me CAROL WAGNER this day of , 1989 . NOTARY PUBLIC 411 i CASE TYPE: 10 STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Carol A. Wagner , Plaintiff , vs . ORDER The City of Oak Park Heights , File No. a r municipal corporation , et al . , P P Defendants . This matter having come before the undersigned Judge on the Motion and Affidavit of plaintiff, for leave to proceed herein In Forma Pauperis, and it appearing to the Court that plaintiff is entitled to the relief requested , IT IS HEREBY ORDERED: 1 . The above-named plaintiff is authorized to proceed herein In Forma Pauperis, without being required to pay filing fees , subpoena fees , jury fees , service fees , costs and other expenses or give security therefor . 2 . The Court Administrator shall perform her duties without requiring plaintiff to pay filing fees , jury fees , costs , or expenses involved in certifying Judgments, or any other costs otherwise normally assessed by her office . 3 . The County Auditor shall pay the reasonable expenses of service of process, whether served by a sheriff , private process server or publication . 110 110 4 . The Sheriff of any County in which service may be made shall serve all necessary pleadings in this proceeding as requested by plaintiff without requiring the payment of any service fees or other costs; and 5 . That if there is a money recovery -to plaintiff in this proceeding, the Court Administrator ' s filing fees and certification costs, and the Sheriff ' s costs , shall be paid by her , or by that party against whom costs are awarded . Dated : JUDGE OF DISTRICT COURT '---- -council to issue .housing i , 1 4 .-:: - , - : • - , • I • �sidles ' ithOlit .. %.1 Ii � • lb t• . * :::,'''' : • '- ,::.;s'' , ::,', -°:' , li;:;:f,t.4r.i.if`‘''414' ' ''‘`., -,, :, y ci les , -,..,,,,,,,, ,,, , ,,,, , ,,.,.. . ,- , , -.f ....',..-, v-•::*4:1,0 . ,,.,,,,4,- . , ,....:? ' - ''-.- l - , - ' : ,,'- °,;‘.-:. "‘ ‘..i' - ' rova , „ , . , , . - .t.esi., ... , , . . .„. .......,„. , . ,,,,„ y: - - .., ti � ., ' Mr„„. -.....,,,,..,..,. .., Az, ' li Council: decided The Council's decision to chane its . �t. � r� t� had. � g � ? ' ,.. . , '� .honsxng rent sum practice came-as a result of a lawsuit „ .; � � �r�d:applieems without filed in October against.it, the'Wasliing-� ��- �� ^ �'-ley its govtrnments ton County•'Housing and tlevelopmeat n. in effect; changed a Authority and`Oak Parr Heigh;s. The `-n Connell Practice of suit was initiated by Carol Wagner, a J r =g 'sttisi4ies under the single mother of two whose.application -' „•, , fin 8 PT Y after'the to rent an apartment was denied by Oak r#t t.where the'housing"is located Park Heights. partpition in the program. In December, a Washington County *. s�.,`4` ' i ting co munities do not have district court judge issued a(temporary " ” t local money or staff time in the injunction, which in effect prohibited Carol'Wagne , pic I red in front of her home,in Oak .Park Heights, to a ::--:',"-'1,,:1::ts,AL.!.. �.t`+. a the Council from using the city's propo t set fame tin her lawsuit with the Metro Council.'Asa result ;t�Cout ! , r the pr gram; eligible' families . disapproval as a reason,for not pro- said.it will n tong r require community approval to issue r a t`tier ht of"their monthly income viding assistance. The Couneil.appealed ; t4• t Viral,nn eminent the ruling, but ch . its nd when believe in soniethin I fight for it without or=local commtunit $ �_ � 4. ; g p� wed � « , g ' „� Y-a"P'- ' _ <}j` ! Wagneragreedthe Wagner said: I m lad about the settle- prova1 ixpttacil` as a Metropolitan Council to a settlement With meat. I'm glad for y family and for Council Member Mary Hauser-Psaid, ' mg;and.Redevelopment Agency for. Linder terms of the proposed settle- other individ als w o have certificates that regardless of income, , .who ' ? _'n• region's suburbs, aliistt all of merit, the Council would pay Wagner's and who can ow se them.anywhere receive rental assistance r on,in' rent for October and November, in the seven- oun area" o tion:,to live where. want in t}te . 1 tY1 Pthea! ,,$':rain Historically the Council amounting to $826, and:$2,5:00 to cover Council C it Steve Keefe said the region; We don't tell;people,,for ex - 4erpreted a state law requiring attorneys' fees.The Council also agreed Council "has alwa wanted to provide ply, where they can cash , pai nal ,low=income housing to change its police The council also is housing assns ce,o as'many people in stamps, or whets tt y e Wit” , to tneart the Council must also contingent upon final acceptance by the as manyco unitesaspossible, butfo .,:i.''''''-1,,,- -:••'-',:t00201:.' .approval to administer the Sec- parties and approval by•the court. we believed at s to law prevented us t 8 p� in a community. "It's been a long struggle,'but when I from issuing housi g rental subsidies O ` on t Enclosure J LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF 8c VIERLING, P.L.L.P. 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 (612)439-2878 FAX (612)439-2923 LYLE J. ECKBERG GREGORY G. GALLER JAMES F. LAMMERS KEVIN K. SHOEBERG ROBERT G. BRIGGS THOMAS J.WEIDNER PAUL A.WOLFF SUSAN D.OLSON MARK J.VIERLING DAVID K. SNYDER Direct Dial (612) 351-2118 Ct@ G r --- May 15 , 1996 I nLc' ; *461996 MR MICHAEL J ROBERTSON CITY ADMINISTRATOR Ita ' CITY OF OAK PARK HEIGHTS P 0 BOX 2007 14168 57TH STREET NORTH OAK PARK HEIGHTS MN 55082 RE: Residential Rental Property, Maintenance and Licensing Code - City of Fridley Dear Mr. Robertson: I have reviewed a copy of City of Fridley' s Code in the licensing rental dwellings within the City as you have provided same . I understand the same was provided you by Councilman Kern with the request that we review same . The City of Oak Park Heights presently does not license rental units within the City of Oak Park Heights and as you can see the City of Fridley has engaged in a fairly extensive regulation of the rental units . The adoption of this type of regulation is certainly possible within the City of Oak Park Heights but, obviously, its implementation would involved substantial ordinance modification within the City. At the present time; we neither license rental units nor do we regulate their construction aspects outside of the building code . We also leave health and safety code issues to the Washington County Department of Health with regard to maintenance type issues within such public structures . Naturally, if there is an interest in the Council in implementing a system of regulations on rental units within the City, we would be happy to analyze the various code sections that would have to be amended in order to implement such a structure, but it would seem that the Council would want input both from its building code official and police department prior to determining • 411 MR MICHAEL J ROBERTSON Page Two May 15, 1996 whether or not it wished to engage in a process of ordinance modification and adoption that would be - - essitated by this regulation. Yours ery -ruly, Mar J. Vierling MJV/smp • 11111 FILE COPY LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612) 439.2878 JAMES F. LAMMERS FAX(612) 439.2923 ROBERT G. BRIGGS PAUL A.WOLFF r MARK L. VI RLING FORD August 21, 1990 L5 @ C2 \7 {=� VICKI L GIFFORO 7- L`- • GREGORY G. GALLER � KEVIN K. SHOEBERG MAR f � 1992I ; THOMAS J.WEIONER 1 1 i • La Vonne Wilson, City Clerk/Administrator City of Oak Park Heights P. 0. Box 2007 Stillwater, Minnesota 55082 Re: City legal liabilities for employees using their private vehicles Dear La Vonne: The issues as presented to me are as follows: 1. Is the City liable to third parties for injuries sustained as a result of an accident caused by an employee of the City driving a privately owned vehicle in the course of that employee's employment? 2 . Is the City liable for the injuries sustained by the employee for an accident which involves a privately owned automobile used by the employee in the course of his or her employment? In regard to item 1, an employer is liable for the torts of its employees, if the employer expects to derive advantages from those acts being performed by the employee for the employer. The City may be liable for the negligence of its employee to a third party if that employee was acting within the scope of his or her employment at the time of the accident. At that time the negligence of the employee may be imputed to the 'City. In the area of motor vehicle accidents, however, the no- fault insurance law has radically altered the principles of liability for the negligent operation of a motor vehicle. Liability for basic economic loss benefits is imposed on the owner of the vehicle and that person's insurance company (the employee) , up to a maximum of $20, 000.00 to medical expense loss and a total of $20, 000.00 for economic loss. The primary liability for these basic economic loss benefits to an injured driver and passengers in the motor vehicle or any pedestrian injured by the employee's motor vehicle is on 411 410 La Vonne Wilson, City Clerk/Administrator August 21, 1990 Page 2 that employee or insurance company. The law limits liability for property damage and the liability for damages for non-economic detriment, and determines liability on the basis of respective negligence of the parties involved. Therefore, it is very important that the City require its employees to maintain automobile liability coverage on the automobiles they are using in the course of their employment. The law provides that all automobiles carry a very limited amount of automobile liability insurance. It is important to realize that to subject the City to legal responsibility for the negligent acts or wrongdoings of its employees, the relation of employer/employee must exist between the City and the person who committed the negligent act. Please realize every public corporation acts through its agents. Also, be aware that the City is as responsible for the negligent acts of its officers, as it is for those of its employees, if these officers are acting in the course of City duties. The tort liability of a city or an officer or employee of any city for a tort arising out of an alleged act or omission occurring in the performance of the duty may not exceed $200, 000. 00 for any single claim, or $600,000. 00 for any number of claims in a single occurrence. The total liability of the city on a claim against its employees or officers arising out of a single occurrence such as an auto accident may not exceed the above limits. In regard to item 2 , an employee injured in the course of his or her employment with the City is covered by the Worker's Compensation Act. Any employee under the Worker's Compensation Act, M.S.A. Sec. 176 et seq. , as described in Section 176. 011, includes "any person performing services for another for hire" . Elected or appointed town or city officials of any government subdivision of a state are considered employees. Any officer of a political subdivision elected or appointed fora regular term of office or to complete an unexpired portion of a regular term shall be included only after the governing body of the political subdivision has adopted an ordinance or resolution to that effect. Injuries covered pursuant to the Worker's Compensation Act include any personal injury arising out .and in the course of employment and includes personal injury caused by an automobile accident as discussed above. Therefore, the City's liability to its employees for injuries sustained in the course of their employment is controlled and limited by the Minnesota Worker's Compensation Act. 410 ! • La Vonne Wilson, City Clerk/Administrator August 21, 1990 Page 3 Conclusion: to reduce the exposure of liability of the City of Oak Park Heights for an automobile accident byan employee whi e 1 in the course of his m employment ent bythe p ym City, the City should: 1. Require only necessary uses of the motor vehicle; 2 . Require the proof of statutory insurance coverage by the City employees; 3 . Require proof of a valid driver's license by that employee; 4 . Require a driver's license record check on all employees and history of automobile accident history from such employees; and 5. Require City employees using privately owned vehicles to maintain automobile insurance of policy limits of $100, 000. 00 per claim and $300, 000. 00 per incident. Lastly, an employee injured during the operation of a motor vehicle will be compensated for their injuries in accordance with Minn. Stat. Sec. 176, Minnesota Worker's Compensation Act. Should you have any questions regarding the above, please let me know. Yours very truly, Thomas J. Weidner TJW:ks 4111 • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF Sc VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G. BRIGGS PAUL A.WOLFF MARK J.VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J.WEIDNER March 2, 1993 SUSAN D.OLSON Ms. LaVonne Wilson City Administrator City of Oak Park Heights P. O. Box 2007 Oak Park Heights, MN 55082 Re: Parking of Junk Vehicles on Private Property - Inability To Comply With Emission Control Equipment Inspection As Set Forth Within Minnesota Statute Section 116.60 Dear Ms. Wilson: At the last City Council meeting there were individuals within the audience who were concerned with their inability to comply with the City's Ordinances as may affect junk or abandoned vehicles inasmuch as they owned or operated vehicles which they were unable to license under the Emission Control Equipment Inspection Statutes of the State of Minnesota contained within Chapter 116.00. A copy of the appropriate provisions of that Statute have been attached to this letter for your reference. The concern as referenced before the City Council was that some of these vehicles although operable in the opinion of the owner, were not capable of being licensed insofar as they could not pass the Emission Control Test. As it affects the City's Ordinances, the City should, of course, require current licensing in order to assure itself that vehicles are not simply being stored for extensive periods of time on private property or utilized by the owner when considering the licensing regulations of the State of Minnesota. As it affects those individuals who are incapable presently of licensing their vehicles due to emission control problems, they should take into consideration two aspects of the States Statutes, they are as follows: 110 Page 2 March 2, 1993 To: LaVonne Wilson Re: Parking of Junk Vehicles 1. Minnesota Statute § 116.61, Subd. 2 does exempt certain vehicles from the emission control standards, typically motor vehicles manufactured prior to 1976 or vehicles which have an engine which has been manufactured prior to 1976. Additionally, motor vehicles registered as Classic, Pioneer, Collector or Streetrod motor vehicles under Minnesota Statute § 168.10. If a vehicle is exempted from the requirements of emission control testing, that should not serve as an impediment to their ability to be currently licensed. 2. As to those vehicles which are having difficulty obtaining licenses and are subject to the emission control standards, the owner should be made aware of Minnesota Statute S 116. 62, Subd. 5 which sets forth the criteria under which he can apply for a certificate of waiver of the emission control standards, which certificates, if issued, would be valid for a period of one year. Likewise, I am also providing a copy of that statute for your review as well. You may wish to forward copies of these statutes and this letter on to individuals that expressed the concern at the City Hall during its regular meeting on February 22, 1993 so that they can take steps to bring their automobiles in compliance. The City, of course, will pursue all unlicensed vehicles that are in a junk of abandoned status on private property. If the owners, however, would also demonstrate to the City Police Department of their bonafide efforts to attempt compliance with the state statutes and their continuing efforts to work with pollution control authorities on obtaining certificates of waiver for their automobile, the police department could, of course, in its discretion grant additional time to the affected owners to bring their vehicles in to compliance as the mechanisms exist within the statutes for all such vehicles to apply for the certificates of waiver as are provided for under the statute. If you have any questions in this -tter, please do not hesitate to contact me. Very tr y ours, �,__r,► J ling MJV:sms Enclosures (2) cc: Mayor Barbara O'Neal 410 • _ , LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF 8c VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612) 439-2878 JAMES F. LAMMERS FAX (612) 439-2923 ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIDNER September 29, 1992 Mr. Francis J. Rheinberger Attorney at Law P. O. Box 229 St. Croix Valley Bank Building 5995 Oren Avenue North Suite 101 Stillwater, MN 55082 Re: Your Client: Stillwater Towing, Inc. Our Client: City of Oak Park Heights Our File No. : 1501-545 Dear Mr. Rheinberger: Your correspondence directed to the City of Oak Park Heights dated September 25, 1992 has been referred to this office as City Attorneys. Initially, I note from city staff that your client's recitation of attempted contacts and lack of information is not correct. Nonetheless, in reviewing the content of your letter and your client's request to be considered, I have been in contact with the city police and they have advised me that in the not so distant past they had at one time used your client as a towing service and had experienced at that time a substantial problem with security and theft from an automobile that was taken under tow by your client. Apparently your client had an employee or other individual that had created the problem. Additionally, I note that your client also does not have an area that cars can be towed to when the City needs or desires to use a service that can impound the car in a sheltered facility where the city police may need to examine the car for finger prints or otherwise examine it for evidence. Nonetheless, what the City is purchasing from towing companies is a service, not a product and the City has absolute discretion in securing that service in a manner that they feel suits the City's needs. At the present time, Frankie's Towing supplies that need to the City of Oak Park Heights and the Department is very satisfied with the service that it has received. ' . • Page 2 September 29, 1992 To: Francis J. Rheinberger Re: City of Oak Park Heights/Stillwater Towing, Inc. I am not aware of any authority upon which a claim of anti-trust or suppression of competition is claimed. I am more than willing to review such authorities if you care to cite same to me. Nonetheless, in the meantime, the City Police Department will continue acting in the manner that it has to utilize a responsible and efficient towing service which has performed services well at the request of the Police Department. Very truly yours, Mark J. Vierling MJV:sms cc: Mayor Barbara O'Neal • RHEINBERGER & RHEINBERGERhift ATTORNEYS AT LAW 1 j?f iI Li3 . P.O.BOX 229 �, t ,' ,I 1 , ST.CROIX VALLEY BANK BUILDING ‘tI 5995 OREN AVENUE NORTH (� SUITE 101 ---- STILLWATER,MINNESOTA 55082 JOHN H.RHEINBERGER (612)439-7212 FRANCIS J.RHEINBERGER' 'ALSO ADMITTED TO WISCONSIN BAR September 25, 1992 Mayor Barbara O'Neal Oak Park Heights City Hall 14168 - 57th Street Nora: Oak Park Heights, Minnesota 55082 Administrator LaVonne Wilson Oak Park Heights City Hall 14168 - 57th Street North Oak Park Heights, Minnesota 55082 Re : Stillwater Towing, Inc. Dear Mayor O'Neal and Administrator Wilson: At the request of Rick Ritzer I am writing this letter regarding his requests to have Stillwater Towing, Inc . included on a rotating list with Frankie ' s Towing for tows generated by the City of Oak Park Heights . On or about July 5, 1992, Mr. Ritzer contacted Chief Gene Ostendorf regarding this request . Chief Ostendorf indicated he would talk with Linde Swanson and have him contact Mr. Ritzer . Having received no response, Mr. Ritzer attempted to call Mr . Swanson on July 28, 1992 . Mr . Ritzer left a message requesting a return call . He received no response. Mr. Ritzer again attempted Lu contact Mr. Swanson by telephone on July 28, 1992, August 5, 1992, August 14, 1992 and August 17, 1992 . On August 19, 1992 Mr. Ritzer wrote Gene Ostendorf . Finally on August 24, 1992, Mr . Swanson returned Mr . Ritzer 's call . After informing him of his request, Mr. Swanson indicated he would get back to him. To date Mr. Ritzer has heard nothing. If you are not familiar with Stillwater Towing, Inc . , let me give you some background information . Stillwater Towing, Inc. has been in business since 1975 . Its office and impound lot are located at 1656 South Greeley Street, Stillwater, Minnesota, less then 1/2 miles from the Oak Park Heights City limits . It currently has six tow trucks . At 410 i Mayor Barbara O'Neil Administrator LaVonne Wilson September 25, 1992 Page Two least three people are on call around the clock. Four of Stillwater Towing, Inc . employees live in Oak Park Heights . The company is currently on a rotating schedule with the Minnesota State Patrol, Washington County Sheriff ' s Department, City of Stillwater, Wisconsin State Patrol and St . Croix County. As you probably know, there have been a number of suits filed against municipalities under federal and state anti- trust legislation relating to suppression of competition in situations similar to the current towing situation occurring in Oak Park Heights . Due to the success of these litigants, a number of governing jurisdictions, including Washington County and City of Stillwater, have established lists of qualified towing companies who have expressed an interest in providing towing services for that jurisdiction . Companies on this list are called on a rotating basis . Therefore, Mr . Ritzer is requesting that Oak Park Heights establish a rotating list for tows generated by the City; and that Stillwater Towing, Inc. be placed on that list . Sincerely yours, Francis J. heinberger FJR/wew VVI 1Zi .lc. YV•G,-I— —11UF—Lr14 Z4 441-4 L11VLi'OA L 4 ff 1.4 1 LI YL • ` w LAW‘:.rrlccs car 4 ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING NORT1IWCSTCI N AVeNUr STILLWATrI2, MiNNFSc)t A. ,Goes`_ t YLE J. ECKBERG t61.'_> 4.9-2878 JAMES r. LAMMERS FAX (SIP43fi�$ 23 ROOCRT G. BRIGGS RAUL A. WOLFF MARK J. VIERLING VICKI L. GIKF2ORO GREGORY G. GALLCR KEVIN K. SHOEBERG THOMAS J. WEIDNEIR March 13 , 1992 Ms. LaVonne Wilson City Clerk Oak Park Heights City Hall 14268 - 57th Street North Oak Park Heights, MN 55082 Re: Informal Proposal/St. Croix Bowl/Construction Vol ey- ball Recreational Area Deck and Out- ide Facilities Dear LaVonne: We have had an opportunity to preliminarily review the P anned Unit Development documents for the City of Oak Park Heights a: well as review those documents affecting the St. Croix Mall an- the various cross easements and development agreements on file -nd of record in the office of the county recorder in regard to the above referenced matter. As you will recall, our review was req ested by the City Council following the meeting on March 9, 1992 wh= n the St. Croix Bowl owner indicated a desire to consider implem=nting construction into the parking lot area that would be propo='ed to be utilized for two full volleyball courts and an associate• deck where individuals could be seated and served. Although the rough drawing that was presented had no dimensional requirements th.rein, it appears the area of construction would be a subst-ntial utilization of the parking facilities now being used by th- St. Croix Bowl. Upon review of the City's documents as well as those •f the County Recorder, it appears that the City Planned Unit Devel-pment Agreements, etc. all have dedicated that parking area by w=y of cross easements for the various business facilities in th- St. Croix Mall area dedicating same for customer parking. Additio ally, the City has easement in that area for emergency and other • blic vehicle access. Those easements are made part of the Planne* Unit Development and a loss of those parking facilities and rose easement areas would impact the calculations for municipal p- king • • 11,6 .4piFv• ak"x f3 '�uk F ? mo,t ,0y4 t` �� . a t9VX A1,0tKlkOwk Aae,..i .C� spaces provided for within the Planned Unit Develop ent. Consequently, we are of the opinion that in order for the Ci y to consider a proposal to allow new construction into the area o the parking lot which is served by these various municipal and ross easements, the same would have to be preceded by a formal p blic hearing which would also encompass publication and noti e to affected property owners pursuant to the provisions of Ordi ance Chapter 401 Section 401. 16. Application for such a hearing should be preceded b the presentation of a far more detailed drawing providing nece sary dimensional calculations, specific site location within thetarea adjacent to the St. Croix Bows, and othe is required µnder the ordinance. V- y r yours, _ M-rk J. Vierling MJV:sms cc: Scott Richards • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE P. 0. BOX C STILLWATER, MINNESOTA 55082 18121 439-2878 LYLE J. ECKBERG JAMES F. LAMMERS ROBERT G. BRIGGS July 16 , 1986 PAUL A. WOLFF MARK J. VIERLING JAMES I. MOBERG Mr . John L. Bradshaw General Manager Chicago Northwestern Railway Company 275 East Fourth Street St. Paul , Minnesota 55101 Re: Crossings at Sunnyside on the St. Croix Condominiums, Oak Park Heights, Minnesota Dear Mr . Bradshaw: We are the attorneys for the City of Oak Park Heights, and at the City Council meeting Monday evening several complaints were made to the Council in regard to the operation of trains in the vicinity of the Sunnyside condominiums, which are located approximately one half mile north of the N.S.P. Co. King Plant. It appears, from investigation, that the problem occurred on July 10 , 1986 , from 4 :00 a.m. to 8 :59 a.m. There was continuous switching of boxcars, and our information is that there were three locomotives involved. The report we received is that the color of the locomotives was green, which would indicate that the operation was controlled by Burlington Northern. There were times when the crossing was closed by the boxcars for long periods of time, making it difficult for the residents to leave the area for work. There was also the danger of emergency vehicles being unable to enter the area of Sunnyside , as the blockage of the crossing apparently exceeded over a half hour for several periods during the times mentioned. We recognize that this portion of the railroad track is owned by Chicago Northwestern; hence, the reason for this letter to you. We would appreciate it if you would look into this matter and take the necessary steps to see that this situation does not occur in the future. Also, we would appreciate hearing from you in the near future with reference to the above, as the citizens of the City of Oak Park Heights who reside in the area are very concerned. • Mr . John L. Bradshaw July 16 , 1986 Page 2 Thank you for your anticipated cooperation. Yours v- truly Lyle . Ekb " LJE:kf c: is Vonne Wilson, City Administrator City of Oak Park Heights L14168 - 57th Street North Stillwater , MN 55082 Jerry Wallace Northern States Power Company Lakeland Division Office 1700 East County Road E White Bear Lake, MN 55110 • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 126 SOUTH SECOND STREET P. O. BOX C STILLWATER. MINNESOTA 53082 439-2878 LYLE J. ECKBERG JAMES F. LAMMERS ROBERT G. BRIGGS September 19 , 1984 PAUL A. WOLFF MARK J. VIERLING JAMES I. MOBERG Mrs. Richard •ox 249 South D. ota Avenue New Richl'•nd, Wisconsin 54017 Re: Handicapped Ramp - St. Croix Mall Dear Mrs. Cox: Thank you for your letter to the City Clerk of September 13, 1984 identifying the problem that exists at the St. Croix Mall. The City previously had been aware of the insufficiencies of that particular handicapped ramp and hadordered the owner of the St. Croix Mall (which is all private property) to rectify that situation and reconstruct the ramp pursuant to the Federal guidelines. Since the owner has delayed since that last order of the City in doing so, I have instructed the City Clerk to withhold all future permits of building or any other nature that may be required for the mall until such time as that handicapped ramp is properly constructed and put in place. We will be monitoring the situation closely to see to it that it is done as soon as it is reasonably possible. Within the fourth paragraph of your letter of September 13 , you cite a reference to the Federal Regulations affecting revenue sharing and handicapped discrimination. I was unable to locate any reference to such regulations under that title within the Code of Federal Regulations and if you have a more up-to-date citation as to the legislation that you are referring to, I would much appreciate receiving same so that I may review that on the City' s behalf. Yours 7••• , k - • Oak Heights City Attorney MJV:dr cc : LaVonne Wilson City Clerk, Oak Park Heights r • 249 South Dakota Avenue New Richmond, WI 54017 September 13, 1984 City Clerk Oak Park Heights Minnesota 55082 Dear Sir or Madam: On May 5, 1984 my son tipped over backwards in his wheelchair at St. Croix Mall, due to the fact that the ramp is unsafe and improperly built. I have had no response from the mall manager in spite of the efforts of Sue Lasoff of the Minnesota Council for the Handicapped. Someone is going to be killed on that ramp, which would not be difficult or expensive to repair. I understand that according to Section 51 of the Federal Administrative Requirements of Revenue Sharing Handicapped Discrimination Regulations your office must, by April 17, 1984, have appointed a "responsible employee" to coordinate implementation of the handicapped discrimination requirements. Please have this person contact me as soon as possible. Thank you very much. Sincerely, / Mrs. Richard Cox i0°5 �Q ti • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 126 SOUTH SECOND STREET P. O. BOX 40 STILLWATER,MINNESOTA 55082 439-2878 LYLE J.ECKBERG JAMES F.LAMMERS November 7, 1983 ROBERT ROBERT G.BRIGGS PAUL A.WOLFF MARK J.VIERLING Mrs. LaVonne Wilson CITY HALL 14168 57th Street North Stillwater, Minnesota 55082 Dear LaVonne: Enclosed herewith please find a copy of a note and a prepared description of the Rental Assistance Program under Section 8 of the Housing and Community Development Act of 1974 . The enclosed material was provided by the Metropolitan Council to again inquire as to whether or not the City would be interested in participating in the Section 8 Program. To my recollection, this matter has come up on a previous occasion, when the City was approached by the Washington County HRA to join in their program affecting Section 8 Housing, which offer was declined by the City at that time with the City Council then feeling that the existing Raymie Johnson High Rise and other low income projects within the City had more than sufficiently addressed the problem of low income housing within the City of Oak Park Heights, further stating that the City at that time was not interested in pursuing Section 8 Program participation. To my knowledge, the City' s posture on the program has not changed, nonetheless I do forward the information to the City, insofar as it does affect a decision on policy which is best addressed to the City Council. Should any member of the Counc ' l or yourself have any questions, please do not hesitated to •ntact me. Yours -ry truly, ia , - J. Vierli • MJV:dr enc. it li �%3 z mo VA 14 itfl S• ! METROPOLITAN COUNCIL HOUSING AND REDEVELOPMENT AUTHORITY 300 METRO SQUARE BUILDING, ST. PAUL, MINNESOTA RENT ASSISTANCE PROGRAM WHAT IS THE RENT ASSISTANCE- PROGRAM? Section 8 of the Housing and Community Development Act of 1974 authorizes the federal government to pay rent for lower income households who are residing in privately owned dwelling units . To qualify: 1 . Household income cannot exceed 80% of the median income for the area; 2 . The rental unit must pass the minimum housing quality standards established for the program; 3. The rent for the dwelling unit, including the cost of all utilities, must not exceed the maximum Fair Market Rent established for that unit size in the area. Qualified households pay 30% of their monthly income toward the rent. The remainder of the monthly rent is paid by the federal government through the Department of Housing and Urban Development (HUD) as a rent assistance payment to the owner. The method of payment to the owner varies according to the type -- of program. There are four: Section 8 New Construction and Section 8 Substantial Rehabilitation programs provide rent assistance payments directly to developers of new rental units or owners who have made substantial improvements to rental property. Moderate Rehabilitation In the Section 8 Existing Housing and Section 8 M o programs , HUD contracts with local , county, or regional housing housing authorities to certify qualifed households for the program and make monthly rent assistance payments on their behalf. The Metropolitan Council Housingand Redevelopment Authority P Metro HRA) is one such agency which operates the Section 8 Existing in the ' li ationprograms Housing and Section 8 Moderate Rehabilitation Twin Cities metropolitan area. -2- 411 110 HOW DOES THE SECTION 8 EXISTING HOUSING PROGRAM OPERATE? The Section 8 Existing Housing rent assistance program allows a qualified household to select any type of rental unit available within the jurisdiction of the administering housing authority. Apartments, duplexes , single-family houses and mobile homes are all acceptable, provided that the dwelling unit passes the hous- ing quality standards and does not exceed the fair market rent limits for the program. Administrative procedures for the program include the following: 1. The administering housing authority takes applications for assistance from lower income households . 2 . After determining that the household is eligible, the housing authority issues them a Certificate of Participation which specifies how much rent the family is expected to contribute (30% of income) , and the size of dwelling unit (number of bedrooms) that the household should be looking for based on the characteristics of the household members. 3. After locating a suitable rental unit , the household notifies the housing authority of the rent , lease terms , and requests an inspection. 4. If the dwelling unit passes inspection, and the lease terms and rent are acceptable , the housing authority so notifies the household and enters into a housing assistance payments contract with the owner. 5. The household moves into the dwelling unit and pays their portion of the rent to the owner each month. The housing authority pays the other portion of rent to the owner each month. 6. The housing authority must recertify the eligibility of the household and re-inspect the dwelling unit once each year. HOW CAN A COMMUNITY PARTICIPATE IN THE METRO HRA SECTION 8 RENT ASSISTANCE PROGRAM? Metro HRA is authorized to provide programs and services in the seven-county Metropolitan Area with the consent of local government. The City Council must approve a resolution authorizing Metro HRA to implement the program within .the city. If the community has a housing and redevelopment authority, the local HRA must also approve joining the Metro HRA program. HOW ARE ADMINISTRATIVE SERVICES- FOR THE PROGRAM HANDLED? Metro HRA offers communities three different ways to handle the required administrative services : 411 -3- 411 1. Metro HRA provides staff for all administrative functions. Under this option, Metro HRA staff are assigned to the community on a part-time basis to perform the required paperwork and inspections of units as needed. The city is requested to make available a telephone and office space for interviewing applicants periodically as necessary. Staffing costs are born by Metro HRA with no charge to the city. 2. Cityprovides housing inspection services ; Metro HRA staffprovideall other administrative services. Under this option, the city performs the required HUD inspection of housing units assisted under the program, while Metro HRA staff perform the other administrative duties and paperwork with tenants and owners. Metro .HRA will reimburse the city for the inspection services at $24 per inspection. 3. City provides staffing for all local administrative services. Under this option, the cityperforms the required HUD P q inspection of housing units assisted under the program, as well as completing the other required administrative duties with applicants , assisted tenants , and property owners. The city is reimbursed for the expenses incurred in performing these functions . The maximum reimbursement fee is dependent upon the number of households being assisted in the city under the program. Metro HRA staff continue to perform some of the administrative functions, such as maintaining a centralized waiting list of applicants , program monitoring and control of certificates, monthly rent assistance payments to owners , selection of applicants , and bookkeeping and accounting functions. The decision as to how administrative services are to be provided is mutually agreed upon between the participating city and Metro HRA. Factors such as the anticipated number of. households to be assisted and availability of staff are used in reaching the decision. Metro HRA staff are available to discuss all aspects of the program with city officials and staff. Please call Roberta Everling at 291-6379 for more information. • k RESOLUTION AUTHORIZING THE METROPOLITAN COUNCIL • TO IMPLEMENT THE SECTION 8 EXISTING RENT ASSISTANCE • PROGRAM WITHIN THE CITY OF WHEREAS, the Metropolitan Council has been duly organized pursuant to Minnesota Statutes 473 .06, subd. 3 and Minnesota Laws 1975, Chapter 13 , Section 6, Subd.3; Section 21, Subd. 1; and Section 24, and has all of the powers and duties of a housing and redevelopment authority pursuant to Laws 1975, Chapter 13 , Section 24 under the provisions of the Municipal Housing and Redevelop- ment Act, Minnesota Statutes Section 462 .411 to 462 . 711 , and acts amendatory thereof; WHEREAS, the City of and the Metropolitan Council desire to assist lower incomefamilies and individuals to obtain adequate housing in the City of at a price they can afford, and to accomplish this purpose desire to undertake a program of subsidizing rent payments to landlords who provide adequate housing to such individuals and families ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF that the Metropolitan Council is hereby authorized to implement a program of rental assistance to lower income families and individuals within the City of , and that the (city official) is hereby authorized to enter into an agreement with the Metro- politan Council for operating the program within the City. vim° • -ill 0 300 Metro Square dg. . 7th and Robert St. "" ' ~ St. Paul, Minn. 55101 l COUNCIL )PMENT AUTHORITY ; y • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 126 SOUTH SECOND STREET P.O.BOX 40 STILLWATER,MINNESOTA 55082 439-2878 LYLE J.ECKBERG JAMES F.LAMMERS MEMORANDUM ROBERT G.BRIGGS PAUL A.WOLFF MARK J.VIERLING TO: CITY OF OAK PARK HEIGHTS FROM: PAUL A. WOLFF DATE: NOVEMBER 3, 1983 RE: STATE OF MINNESOTA V. KENNETH ANDERSON As I think you all know, the referenced matter was scheduled for a jury trial on Wednesday, November 2, 1983 at 10 :00 a.m. I was present with Chief Ostendorf and Officer Gary Wilzbacher prepared to go to trial and Mr. Anderson had subpoened a number of witnesses, indluding some of you. There were initially eight cases on the calendar for trial and all but two of them were settled relatively quickly. The Court spent a considerable amount of time trying to reach a settlement short of trial on the other case which was also a public nuisance case, but was unsuccessful in doing so, and therefore that case, which was charged earlier and ahead of this one on the calendar was going to trial. Before starting the trial, Judge Armstrong talked to me and Mr. Anderson and indicated the case would have to be continued unless we reached some agreement at that time. Mr. Anderson acknowledged that his grass had been long and was in violation of the ordinance but the point he wished to make was that there are a number of other properties within the City regarding which he had filed complaints verbally with the police department or the city council directly and for which nothing had been done. He had photographs of a number of those including a yard stick in many of the photographs showing the height of weeds to be in excess of three feet. The properties he referred to were almost entirely undeveloped ones including NSP easement areas, property which may be under the control of the City and the undeveloped lot just west of the Goodyear Tire Store. I feel it is possible to make a distinction between developed residential platted property and undeveloped rights of way, commercial areas and possibly others, however unfortunately the ordinance under which Mr. Anderson was charged, is totally unlimited in its scope and therefore applies to all properties within the City of Oak Park Heights. ` . • t City of Oak Park Heights Page Two November 3, 1983 • I assured Mr. Anderson that I would advise the City that although it is not required to charge every potential violator of the ordinance, it must investigate and charge violations based upon specific complaints that are made in order to avoid being guilty of discriminatory enforcement. I did advise Mr. Anderson of a similar situation which had been charged recently, where the defendant was given a stay of imposition of sentence because he had corrected the violation. Ultimately, Mr. Anderson entered a plea of guilty to one count of public nuisance on August 1, 1983 and based on our previous discussion and agreement, Judge Armstrong delayed accepting the plea for twelve months. If there are no further violations within that time, the conviction will never be entered and the charge will be dismissed. If there are subsequent violations, the Court will schedule a hearing to determine the validity of the subsequent complaint and if upheld, will impose. a sentence on this charge as well as any subsequent charges. If you have any specific questions about this case or about the possibility of amending the ordinance, please give me a call. • • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS 8c WOLFF 126 SOUTH SECOND STREET P. O. BOX 40 STILLWATER. MINNESOTA 33082 • 439.2878 LYLE J. ECKBERG OF COUNSEL: JAMES F. LAMMERS WINSTON E. SANDEEN ROBERT G. BRIGGS PAUL. A. WOLFF May 7, 1980 MARK J. VIERLING Mr. Nile Kriesel Finance Director City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 Re: Sewer charges - City of Oak Park Heights Dear Mr. Kriesel : Pursuant to our several conversations in regard to the sewer charges in the area of the Country Kitchen, Oasis Petroleum building, and the School District Administration Building, I have checked but have been unable to determine the date these hook-ups. I have a letter in my file from Mr. Langness to Mr. Heuer which indicates that on or about December 7, 1973 the Oasis building was connected to the sewer system. I have no knowledge of when the Country Kitchen or school district connected, however, I assume that information would be available from the building permit records of the township. I have been instructed by the City of Oak Park Heights to bring this matter to a head at the earliest possible time, as months and years have passed without collecting any sewer rental charges on this area which is being handled through our system. It is not our intention to be arbitrary as we understand it is difficult to obtain this information as you do not have control of all the records, but we would appreciate hearing from you at the earliest possible time. I am setting my file ahead for two weeks, and would appreciate a progress report at that time. Yours ver ruly, C7. Y.;// CrZ u __// Lyle J. Eckberg cc cc:: aVonne Wilson 0 0 LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS 84 WOLFF, P. A. tzt 126 SOUTH SECOND STREET STILLWATER, MINNESOTA 83082 439.2878 . LYLE J. ECKBERG OF COUNSEL: JAMES F. LAMMERS WINSTON E. SANDEEN ROBERT 0. BRIGGS September 12, 1978 " y PAUL A. WOLFF MARK J. VIERLING Mr . Donovan Schmitt St. Croix Sanitation Route 1, Box 295A Somerset, Wisconsin 54025 Re: City of Oak Park Heights 1 Dear Mr. Schmitt: The City of Oak Park Heights has contacted you on I ` several occasions in regard to damage to curbing while you were working at 5690 Penfield Avenue North. . The total replacement cost was $47.60, and I have been instructed by the City Council to contact you with reference thereto as to why the matter has not been taken !' care of. We will, of course, have to commence legal action against you if the same is not paid within ten days from date hereof. Kindly forward your check in the amount of j . $47.60 payable to the City of Oak Park Heights to this office. � ur vs er/y u , „z }-'-` -&- le J. Eckberg . LJE:kf cc: Pen Heuer, City Clerk 411 CITY OF OAK PARR HEIGHTS MINUTES OF MEETING HELD MONDAY, OCTOBER 23 , 1989 Call to order by Mayor Sommerfeldt at 7:00 p.m. Present: O'Neal, Kern, Seggelke, Doerr, Eckberg, Gutoske and Wilson. Clerk read public hearing notice, presented affidavit of publication and mailing list for Conditional Use Permit request submitted by Frank Condon. Mayor called for comments and discussion ensued. O'Neal, seconded by Doerr, moved to adopt Resolution #89-10-61 amending Ordinance #401.03.B.5. f relating to the allowed size of accessory buildings for single family dwellings. Roll call vote taken with 5 aye votes cast. Resolution adopted. O'Neal, seconded by Doerr, moved to close hearing. 5 aye votes. Hearing closed. Doerr, seconded by Kern, moved to grant the Conditional Use Permit to Frank Condon to erect a 240 square foot accessory building on his property. Roll call vote taken with 5 aye votes cast. CUP granted. Clerk read public hearing notice, presented affidavit of publication and mailing list for Conditional Use Permit request submitted by Conoco Inc. Mayor called for comments and discussion ensued. O'Neal, seconded by Seggelke, moved to close hearing. 5 aye votes. Hearing closed. O'Neal, seconded by Doerr, moved to approve above request. Roll call vote taken with aye votes cast by O'Neal, Doerr, Seggelke and Sommerfeldt. Nay vote cast by Kern. Request approved. O'Neal, seconded by Doerr, moved to schedule a public hearing Monday, November 13, 1989 at 7:00 p.m. to amend Ordinance #401 to allow day care service in a B-2 Zoning District. 5 aye votes. Carried. O'Neal, seconded by Kern, moved to schedule a public hearing . Monday, November 13, 1989 at 7:00 p.m. on request from Swager Bros. , Inc. for a Planned Unit Development Amendment. 5 aye votes. Carried. A number of residents of Oak Park Heights appeared to state their views and concerns regarding the Section #8 proposal. O'Neal, seconded by Doerr, moved to reschedule 1990 Budget Hearings to Monday, November 27, 1989 and Monday, December 11, 1989 at 7:00 p.m. 5 aye votes. Carried. . . f • +. Page two - Minutes 10/10/89 Doerr, seconded by' O'Neal, moved to deny above request. Roll call vote taken with 5 aye :votes cast. Request denied. O'Neal, seconded by Kern, mopgd ' to direct City Planner to draft an amendment to the City Ordinance relating to accessory building size. 5 aye votes. Carried. O'Neal, seconded by Seggelke, moved to schedule a public hearing Monday, October 23, 1989 at 7;00 p.m. , contingent on Mr. Condon filing for a Conditional Use Permit. Fees paid for variance request to be transferred to CUP request. 5 aye votes. Carried. Bids were opened and read for 1989 tree removal project. O'Neal, seconded by Seggelke, moved to adopt Resolution 189-10-58 accepting low bid from St. Croix Tree Service in the amount of $5362 . 00 for the removal of 35 trees and retain second low bid until all necessary paper work is completed. Trees to be removed by November 15, 1989. Roll call vote taken with 5 aye votes cast. Resolution adopted. Seggelke, seconded byDoerr, moved to acceptand approve application from Champion Auto to install Port le box store in the designated place as indicated. 5 aye votes. Carried. Seggelke, seconded by O'Neal, moved to approve Oak Park Heights Auto Plaza Application to proceed with the installation of the road according to City Engineer's specifications, 5 aye votes. Carried. Richard Andree, Northern States Power Co. t r:egyessted two signs. One free standing at the main road, sixe 6 x 12 and one 4 x .8 at Point Rd. Doerr, seconded by Kern, moved to approve both signs. Aye votes cast by O'Neal, Doerr, Kern and Sommerfeldt. Abstain by Seggelke, Carried. Carol Wagner reconimended that the Council , adopt a resolution approving Section 18 for new residents it Oak Park Heights. Discussion ensued with council taking matter under advisement. Joe Anderlik, City Engineer, discussed sewer and water extensions to newly annexed area along Highway 136 and apprised council of impending costs. Seggelke, seconded by: Doerr, moved to direct City Auditor and fiscal Agent to prepa47e financial aspects of above utility extension project as soon ' as possible. 5 aye votes. Carried. II li /0/, Page two - Minutes 9/25/89 Doerr, seconded by Seggelke, moved to close above hearing. 5 aye votes. Hearing closed. Doerr, seconded by O'Neal, moved to apply the $300.00 fee paid for subdivision request to the rezoning request on above property. 5 aye votes. Carried. Clerk read public hearing notice, presented affidavit of request submitted by publication and mailing list for variance re q Valvoline Instant Oil. Mayor called for comments and discussion ensued. Seggelke, seconded by O'Neal, moved to close hearing. 5 aye votes. Hearing closed. Seggelke, seconded by O'Neal, moved to grant approval on above request. Roll call vote taken with 5 aye votes cast. Request granted. O'Neal, seconded by Kern, moved to advertise for bids on 1989 tree removal project. Bids to be opened Tuesday, October 10, 1989 at 7:00 p.m. and removal to be completed by November 15, 1989 . 5 aye votes. Carried. Doerr moved to allow Section #8 rent assistance program within the City. Motion denied due to no second. Doerr, seconded by Kern, moved to schedule a public hearing Tuesday, October 10, 1989 at 7 :00 p.m. on request from Frank Condon for a variance. 5 aye votes. Carried. O'Neal, seconded by Kern, moved to extend d adline for street sweeping to October 15, 1989. 5 aye votes. C rried. 6:30p.m. at Park Committee will meet Monday, October 2, 1989 at City Hall. Doerr, seconded by O'Neal, moved to approve parking lost south of City Hall and return letter to City Engineer requesting they delete the $4500.00 for light poles and request another quote. Also, to clarify profit and overhead costs. Lights to be installed are to be the same as used throughout the City. 5 aye votes. Carried. Seggelke, seconded by Doerr, moved to approve agreement for auditing/accounting services with Voto, Tautges, Redpath & Co. , LTD. 5 aye votes. Carried. • •• " CITY OF OAK PARK HEIGHTS MINUTES OF MEETING HELD MONDAY, SEPTEMBER 11, 1989 City Housing and Redevelopment Authority meeting called to order at 6: 10 p.m. by Mayor Sommerfeldt. Present: Seggelke, Kern, Doerr, Eckberg, Voto, Vierling, Gutoske, Dan Wilson and La Vonne Wilson. Absent: O'Neal. Seggelke, seconded by Doerr, moved to adopt Resolution #89-9-48 directing Mayor and Clerk to execute Development Agreement by and between the City HRA and Oak Park Partners. Roll call with 4 aye votes cast. Resolution adopted. Doerr, seconded by Kern, moved to adopt Resolution #89-9-49 creating the St. Croix Mall Tax Increment Financing District and accepting the Tax Increment Financing Plan for St . Croix Mall TIF Project. Roll call vote taken with 4 aye votes cast. Resolution adopted. Seggelke, seconded by Kern, moved to direct City Staff to prepare an amendment to the above redevelopment plan to incorporate an expansion of Planning District #5 to include the areas for public improvements specified in the Mall TIF Plan. 4 aye votes. Carried. Doerr, seconded by Seggelke, moved to close HRA meeting. 4 aye votes. HRA meeting closed. ' O'Neal arrived at 6: 40 p.m. Regular council meeting called to order at 7: 00 p.m. by Mayor Sommerfeldt. Lucy Chaves discussed Washington County rent assistance program. Doerr, seconded by O'Neal , moved to table until City Attorney can check State Statutes and advise council September 25th. 5 aye votes. Carried. Dick Zimmermat, Erickson Post, related plans to construct a car wash. He will return at a later date with final plans. Seggelke, seconded by Kern, moved to adopt Resolution #89-9-50 for City to approve the development agreement between City HRA and Oak Park Partners and the Tax Increment Financing District redevelopment area. Roll call vote with 5 aye votes cast. Resolution adopted. Doerr, seconded by O'Neal , moved to schedule a public hearing Tuesday, October 10 , 1989 at 7 : 00 p.m. to amend above redevelopment plan. 5 aye votes. Carried. /�� • RESOLUTION NO. RESOLUTION AUTHORIZING THE METROPOLITAN COUNCIL TO IMPLEMENT THE SECTION 8 EXISTING RENT ASSISTANCE PROGRAM WITHIN THE CITY OF OAK PARK HEIGHTS WHEREAS, the Metropolitan Council has been duly organized pursuant to Minnesota Statutes 473.06, subd. 3 and Minnesota Laws 1975, Chapter 13, Section 6, subd. 3, Section 21, subd. 1 ; and Section 24, and has all of the powers and duties of a housing and redevelopment authority pursuant to Laws 1975, Chapter 13, Section 24 under the provision of the Municipal Housing and Redevelopment Act, Minnesota Statutes Section 462.411 and 462.711 , and acts amendatory thereof; WHEREAS, the City of Oak Park Heights and the Metropolitan Council desire to assist lower income families and individuals to obtain adequate housing in the City of Oak Park Heights at a price they can afford, and to accomplish this purpose desire to undertake a program of subsidizing rent payments to landlords who provide adequate housing to such individuals and families; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF OAK PARK HEIGHTS, that the Metropolitan Council is hereby authorized to implement a program of rental assistance to lower income families and individuals within the City of Oak Park Heights, and that the Mayor of the City is hereby authorized to enter into an agreement with the Metropolitan Council for operating the program within the City. Mayor Frank Scmmerfeldt Date . • ' 'fel • CITY OF OAK PARK HEIGHTS MINUTES OF MEETING HELD MONDAY, AUGUST 28, 1989 Call to order at 7:20 p.m. by Mayor Sommerfeldt. Present: Kern, Seggelke, Doerr, O'Neal, Eckberg, Holst, Anderlik, Voto, Vierling, Gutoske and D. Wilson. Deputy Clerk read public hearing notice on feasibility study to accomodate realignment of intersection at Osgood Ave. N. and 58th St. N. Proposed street improvements were explained by City Engineer and City Planner. Discussion ensued. O'Neal, seconded by Doerr, moved to close hearing. 5 aye votes. Hearing closed. Seggelke, seconded by Doerr, moved to accept feasibility report, noting that two accesses are critical and should be maintained. 5 aye votes. Carried. Seggelke, seconded by Doerr, moved to table decision on Osgood Ave. N. and 58th St. N. street improvements until September 11, 1989 . Engineer to investigate second access at Upper 56th St. N. 5 aye votes. Carried. ' Doerr, seconded by Kern, moved to schedule HRA meeting September 11, 1989 at 6:00 p.m. 5 aye votes. Carried. Nile Kriesel requested City to establish a joint recycling program with the City of Stillwater. Discussion ensued. Seggelke, seconded by O'Neal, moved to adopt Resolution #89-8-43 to enter into a joint power agreement with the City of Stillwater establishing a Joint Recycling Program with City of Stillwater and designating the City of Stillwater as lead City for receiving and distributing any grant funds received for recycling programs . Roll call vote taken with 5 aye votes cast. Resolution adopted. Tom Harvieux requested City to adopt resolution implementing Section 8 rent assistance program within the City. Council requested a representative of Section 8 Housing end Redevelopment Authority attend September 11, 1989 meeting to further explain the Section 8 Rent Assistance Program. O'Neal, seconded by Seggelke, moved to schedule public hearing on request from William Simonet for a Home Occupation License at 5976 Stagecoach Tr1. N. 5 aye votes. Carried. Representatives of Watson Centers, Inc. and the City discussed the Watson, - Inc. TIF Development Agreement. O'Neal, seconded by Doerr, moved to table decision on City Assessor position until the September 11, 1989 meeting. 5 aye votes. Carried. ,1 - 8/8/88 411 046 q)// City property owner Tom Harvieux brought this sample Resolution into the office today asking the city to adopt same. He states that other surrounding cities have done so! La Vonne V • , • A • • RESOLUTION NO. RESOLUTION AUTHORIZING THE METROPOLITAN COUNCIL TO IMPLEMENT THE SECTION 8 EXISTING RENT ASSISTANCE PROGRAM WITHIN THE CITY OF OAK PARK HEIGHTS WHEREAS, the Metropolitan Council has been duly organized pursuant to Minnesota Laws 1975, Chapter 13, Section P6, Subd. 3, Section 21 , Subd. 1 ; and Section 24, and has all of the powers and duties of a housing and redevelopment authority pursuant to Laws 1975, Chapter 13, Section 241 . under the provision of the Municipal Housing and iy� ,4Redevelopment Act, Minnesota Statutes Section 462. 411 and 462.711 , and acts amendatory thereof : WHEREAS, the City of Oak Park Heights and the Metropolitan Council desire to assist lower income families and individuals to obtain adequate housing in the City of Oak Park Heights at a price they can afford, and to accomplish this purpose desire to undertake a program of subsidizing rent payments to landlords who provide adequate housing to such individuals and families. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF OAK PARK HEIGHTS, that the Metropolitan Council is hereby authorized to implement a program of rental assistance to lower income families and individuals within the City of Oak Park Heights, and that the Mayor of the City is hereby authorized to enter into an agreement with the Metropolitan Council for operating the program within the City. Mayor Frank Sommerfeldt Date tr;;G :5111'1'/,'-1;4;51a `j