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• • Enclosure J
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF & 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
May 15, 1996
MR MICHAEL J ROBERTSON
CITY ADMINISTRATOR 1. I 11-7%
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
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
.
FILE COPY
LAW OFFICES OF
V IN
ECKBERG, LAMMERS, BRIGGS, WOLFF a IERL G
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.VIER LING August 21, 1990 '11w
VICKI L GIFFORO f •
GREGORY G. GALLER .1 1 1;i
, i
J
KEVIN K. SHOEBERG MAR � o �� 1I1
THOMAS J.WEIONER R I
i
1
•
La Vonne Wilson, City Clerk/Administrator
City of Oak Park Heights
P. O. 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.
411 411
•
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 by an
employee while in the course of his employment by the 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
•
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
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:
• •
Page 2
March 2, 1993
To: LaVonne Wilson
Re: Parking of Junk Vehicles
1. Minnesota Statute S 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 .urs,
4''"
ling
MJV:sms
Enclosures (2)
cc: Mayor Barbara O'Neal
• (
• _
_ wpok.U1
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
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. 0. 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.
1 _
411
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
1110
•
RHEINBERGER & RHEINBERGER
ATTORNEYS AT LAW
P.O.BOX 229 , /
1 1
ST.CROIX VALLEY BANK BUILDING
L
5995 OREN AVENUE NORTH
SUITE 101
STILLWATER,MINNESOTA 55082
JOHN H.RHEINBERGER 1612)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 North
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 a'L:tempted Lo 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
411 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 reiatinrj to suppression of competition in
� r
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,
n. a
Francis J. heinberger
FJR/wew
VVI 1ZVL VV LI LVIV 1.4111.,Li1VM L Y r' l4 T WL7 VG
0 •
LAW Qrrlcct:c r
ECKBERG, LAMMERS, BRIGGS, WOLFF & VISRLING
NORTHWCSTCRN AVeN11.D
STILLWATF.ft, MINN E ,cYtA n noua
I YLE J. Ei_KBERG 1612) 4 9.2876
JAMES r. LAMMERS FAX (6 49 43f4 2 23
ROICRT G. BRIC05
PAUL A. WOLFF
MARK J. VIE.kt.,ING
VICKI L.. GIF'F'ORO
GREGORY G. GALLCR
KEVIN K. S)10E8ERG
THOMAS J. WEIDNER
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 Outside 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 substantial
utilization of the parking facilities now being used by th- St.
Croix Bowl.
Upon review of the City's documents as well as those uf 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
•
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41
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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 blit
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 nate sary
dimensional calculations, specific site location within the area
adjacent to the St. Croix Bowl and othe lte 3a required under
the ordinance.
V- y r yours,
/ M.rk J. Vierling
MJV:sms
cc: Scott Richards
• •
t LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF 8c VIERLING
1835 NORTHWESTERN AVENUE
P. 0. BOX C
STILLWATER. MINNESOTA 55082
16121 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 seer'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.
111 110
t
Mr . John L. Bradshaw
July 16 , 1986
Page 2
Thank you for your anticipated cooperation.
Yours vtruly
Lyle S.6` g
YE�¢kb
LJE:kf
c: La Vonne Wilson, City Administrator
,``City of Oak Park Heights
14168 - 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
s
• •
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING
126 SOUTH SECOND STREET
P. O. BOX C
STILLWATER, MINNESOTA 55082
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 Pox
249 South i. ota Avenue
New Richp.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 a s- + -
. k J. Vi- •
" Oak Heights City Attorney
MJV:dr
cc: LaVonne Wilson
City Clerk, Oak Park Heights
•
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,
/416,11..
Mrs. Richard Cox
)CC l 1°s`�t`
Si Q
41/ i
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 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, / r
r
0/ 1 a f - J. Vierli
MJV:dr
enc. _,yV'
y It 1it
11- 11
110
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.
In the Section 8 Existing Housing and Section 8 Moderate Rehabilitation
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 Housing and Redevelopment Authority
(Metro HRA) is one such agency which operates the Section 8 Existing
Housing and Section 8 Moderate Rehabilitation programs in the
Twin Cities metropolitan area.
-2-
• s
• 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.
S. 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 :
• -3-
f
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 city performs the required HUD
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.
•
•
t
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-
me
nt 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.
- 0
.-F' ' G
40
-. 0 300 Metro Square dg.
4-0w 7th and Robert St.
""�' ~ St. Paul, Minn. 55101 v COUNCIL
r'.
'•
1,4 31. DPMENT AUTHORITY
3, ST . PAUL, MINNESOTA
emorandum
MI� >P ,e`
K 6 ) �r✓ (, 3TANCE PROGRAM
o:
late: II I l l”/
TRAM?
to lvGLoS eO / S n G��j =unity Development Act of 1974
ft ,it to pay rent for lower income
_ H SA-MPL-e--- )rivately owned dwelling units .
DF
l}/S G(SSe.0 O I�/
fie__ /'
��� �� Z/r3 : exceed 80% of the median income
_ Iss the minimum housing quality
Liv �r✓GL��B�
/ 5 A AeSc.ikl��o,,:or the program;
fr .ng unit, including the cost of all
c geh.7----:eed the maximum Fair Market Rent
_ `7QG/ °~ .it size in the area.
D� /
/'/• & ii1 - their monthly income toward the
ftsS i S1/1'�c e-- hly rent is paid by the federal
& /^- 6 .t of Housing and Urban Development
! Snt to the owner.
I c a l ea 4-1-- f-T r ,ee S;
FN 1' To 1�o v eQ s4,41 er varies according to the type
0 wee A—
lf PA Pe'r
7/�e 1G1/- - ection 8 Substantial Rehabilitation
payments directly to developers
41O�g PA'�� .41/.. o have made substantial improvements
& and Section 8 Moderate Rehabilitation
r-..,b`....... , ""1' ....,,.`Ll....0 w.L..11 ...al, 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 Housing and Redevelopment Authority
(Metro HRA) is one such agency which operates the Section 8 Existing
Housing and Section 8 Moderate Rehabilitation programs in the
Twin Cities metropolitan area.
w __ I
•
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.
0 s • •
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 84 WOLFF
126 SOUTH SECOND STREET
P. O. BOX 40
STILLWATER. MINNESOTA 55082
•
439.2878
LYLE J. ECKBERG OF COUNSEL:
JAMES F. LAMMERS WINSTON E. SANDEEN
ROBERT G. BRIGGS
PAUL A. WOLFF May 7, 1980
MARK J. VIER.LING
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,'
LL
rz
Lyle J. Eckberg
cc :
cc: aVonne Wilson
411 110
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS 84 WOLFF, P. A.
128 SOUTH SECOND STREET �!
STILLWATER, MINNESOTA 55082 �1
439.2878 + i',
s.r
LYLE J. ECKSERO Of COUNSEL:
JAMES F. LAMMERS WINSTON E. SANDEEN
ROBERT G. BRIGGS September 12, 1978
PAUL A. WOLFF
MARK J. VIERLING
:r.:.
4
Mr . Donovan Schmitt
St. Croix Sanitation
Route 1, Box 295A
Somerset, Wisconsin 54025
Re: City of Oak Park Heights
Dear Mr. Schmitt:
The City of Oak Park Heights has contacted you on
several occasions in regard to damage to curbing while you
were working at 5690 Penfield Avenue North.
I . .
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.
urs very u
L
le J. Eckberg
LJE:kf
cc: LCen Heuer, City Clerk