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01-1234RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Council File # O�� � i�'1 y Ctteen Sheet # � ��� , �� Committee: Date WHEREAS, Donald Drouin filed and served a Writ of Certiorari from the Court of Appeals on August 24, 2001, challenging the decision of the St. Paul City Council (Resolution No. O1-786) to demolish his property located at 1183 Arkwright in St. Paul; and 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, the record for appeal consists of audio tapes of the hearings before City Council and the hearing before the Legislative Hearing Officer; and WHEREAS, the Rules of Civil Appellate Procedure require that such audio recordings be transcribed; and WHEREAS, it is generally the responsibility of the appellant to pay for the cost of transcription for the appeal; and WHEREAS, the appellant, Donald Drouin, filed papers requesting In Forma Pauperis status for the appeal; and WHEREAS, the supporting affidavit indicates that Mr. Drouin receives an annual income in the amount of $10, 296.00; and WHEREAS, the Council does not believe Mr. Drouin will be successful on the merits of his appeal before the Minnesota Court of Appeals but does acknowledge Mr. Drouin's right to seek review of its decision; now therefore, be it RESOLVED, that the St. Paul City Council authorizes Donald Drouin to proceed In forma Pauperis without being required to pay transcript and copying fees related to this appeal. The City will assume the costs for transcription. 1 n �-\z�� Reguested by Department of: e �'��t� F1 1l��.r 5 Gft4�'° -�_ �, ! K � � ``� av�., _ �'4 f e?f'�t,4Qtn�., /°`� `�y Form Approve� �,y City Attqrney By: Adoption Certified by Council Secretary Approved b,y�M�'yor for Submission to Council By: � cY . By C .�/� � Approved by Mayor: Date �� /_p /�/�/( � By: Adopted by Council: Date \ V p.o . Z\ _ 10 O\ � ✓ o � ���-�y GREEN SHEET No 1(��' 1 �� InItlWIDab MMYIDate � a OB�II�I�RORKTGR� CIIYCCI�ICi � wnwnoroar� ❑ emmeK � Q '1 r�u�cw.a¢axcFSOU� � ❑ w��xu��mnn�ccra � rnvoRla��assr4xp ❑ (CL.IP ALL LOCA ONS FORSIGNATURE) ����� Meghan Riley 6-8710 iusr ee or� couria� ncaon er a 11-21-01 � TOTAL#OFSIGNATURE Rev3ew of request for In Forma Pauperis PL4NNING COMMISSION' CIB CAMMf1TEE CIVIL SERVICE CAMMISSION RSONALSERVICE CONiRACiS MOSTANSWER7HE FOLLAWING QUESTIONS: Has this persoM'm eeer worked urWer a wnkaU for Mis tlepartmeM? YES � Has thie paBOnrhim evM been a city empbyee7 YES NO Ooes this persoNfirm possess a sidll not nmmallypossesseA by a�ry curtent ciry empbyee? YES NO Is thia pneaMrtn a tarpe[etl ventloY7 . YES NO PROBLEM ISSUE, OPPORTUNITY (Who, Wf18t, W11en, WIIME, Wny) Appeal initiated by indigent property owner. , ,. ${ Appeal wi�l proceed more quickly. City will incur costs of transc�iption. Court will review decision; possible delay on appeal. AOUNT OF TRANSACTION S COST/REVENUE $UDfiETm (CIRCLE ONE) YEE NO SOURCE � ACTMTY NUMBER (��7 CITY OF SAINT PAUL Norm Coleman, Mayor November 7, 2001 Daniel Bostrom Council President Third Floor, City Hall 15 West Kellogg Boulevard Saint Paul, MN 55102 RE: Donald Drouin v. City of St. Paul (Property at 1183 Arkwright, C.F. O1-786) Dear Council President Bostrom: OFFICE OF THE CITY ATTORNEY C[ayton M. Robinson, Jr., Cery Attorney d\.� ��� civitDivision 400CiryHa1[ Telephone:651266-8710 ISWestKe[IoggBlvd. Facsimile:651198-5619 SaintPau[, Minnesota SSIO2 Attached is a copy of a request far permission to proceed In Forxna Pauperis in the appeal before the Minnesota Court of Appeals on the above-mentioned Council File. Under the Minnesota Rules of Civil Appellate Procedure, an appellant has the right to request to proceed In Forma Pauperis, where the party, due to his or her income, cannot afford to pay for the costs of filing fees, transcription and briefs. Normally, an appellant makes this request to a trial court. However, under the Rules of Appellate Procedure, the City Council, as a quasi judicial agency, acts as a trial court for the purposes of this appeal. The rules state that the triai court, or in this case the City Council, shall grant the motion if it finds that the party is indigent and that the appeal is not frivolous. Therefore, the Council is mandated to grant the request unless it finds the allegations of poverty and good faith to be untrue. Under Minn. Stat. § 563.01-the statute governing Forma Pauperis status--persons may meet the indigent requirement if they receive public assistance or if they have an annual income that is not greater than 125 percent of the poverty line established under United States Code. Mr. Drouin attached an affidavit to his request indicating that he receives an annual income of 10, 296.00. He also submitted paperwork indicating that he receives monthly Social Security Disability benefits. Further, Mr. Drouin asserts that he is seeking this appeal in good faith. If the Council finds the assertions to be true, it must grant the request. If the Council denies Mr. Drouin's request, it must make findings as to the reason for its denial. Further, the Rules of Appellate Procedure allow Mr. Drouin to file a Motion before the Minnesota Court of Appeals to review the Council's decision. Inciuded with Mr. Drouin's request is a resolution granting him permission to proceed In Forma Pouperis. p�_\l�� Sincerely, � � T ��� Meghan . Riley � Assist� City Attorney � � STATE OF MINNESOTA COUNTY OF RAMSEY Donald D. Drouin, Jr., Relator, vs. City of Saint Paul, et al., Respondent. c �.►r�`i COURT OF APPEALS SECOND JUDICIAL DISTRICT APPEALS COURT FILE NUMBER C7-01-1452 Affidavit for Proceeding In Forma Pauperis (Minn. Stat. 563.01) 1. I request a Court Order/City Council Resolution waiving court fees and costs. I believe I have valid reasons for pursuing this civil action. 2. I am a party in this action and in good faith I request an Order/Resolution to Proceed in Forma Pauperis. 3. I am receiving public assistance under the following programs: SSDI(Social Security Disability Income); Minnesota Department of Human Services Program H, Drug, Dental, and Insurance; and Energy Assistance. 4. I am not represented by an attorney. Roxanne Heinrich, Esq, is consulting on behalf of MAP, a volunteer attorney program based on indigency. IFP-1B page 1 of 2 o�-�»H 5. My annual family income before taxes is $10,296.00 which is less than 125� of the Federal Poverty Line for my family size of one member. Dated: 28 October 2001 4 JV�� Donald D. Drouin, Jr. Sworn/af£irmed before me this 1183 Arkwright Street 28th day o£ October, 2001 � Saint Paul, MN 55101-3621 ,.� (651) 776-8388 � No -ry�, Pu lic , . a �.Wy�Wvvrt�vvv + J w+OV � iV `� CINDY L. HA70H � NOTARY PUBLIC•MINNESOTA � My CammHcbn EWkes Jar. 31. 2005 � m IFP-1B page 2 of 2 6�.t>>�� STATE OF MINNESOTA COUNTY OF RAMSEY COURT OF APPEALS SECOND JUDICIAL DISTRICT APPEALS COURT FILE Donald D. Drouin, Jr., Relator, vs. NUMBER C7-01-1452 Order for Proceeding In Forma Pauperis City of Saint Paul, et al., Respondent. (Minn. Stat. 563.01) Upon the affidavit of the relator, Donald D. Drouin, Jr., and based on the authority of Minn. Stat. 563.01 (1989), the Council finds that the relator's claims are not frivilous and there£ore IT IS ORDERED: 1. The relator is authorized to proceed in £orma pauperis without being required to pay filing fees, service and publication fees, transcript and copying/reproducing fees, and cost bond, if any required. 2. All necessary pleadings in this proceeding shall be served by the Sheri£f of the appropriate county as requested without payment of any fees or costs. 3. I£ £unds are recovered by either settlement or judgement in-this action, the costs deferred and expenses directed by the Court to be paid in this order shall be included in such settlement or judgement and shall be paid directly to the Court Administrator by the opposing party. Adopted by Council: Certified by: Date 7 November 2001 Council Secretary IFP-1C page 1 of 1 b�-�a Your New Benefit Amount �,� NA1ti1E: Dovaz,D DROU-rv SOCIAL SECURIT'Y CLAINI NTTI�IBER: 003-44-0543 A Your Social Secuxity benefits will increase by 3.5 percent for 2001, based on a rise in the cost of living. You can use this letter when you need proof of your benefit amount to receive food stamps, rent subsidies, energp assistance, bank loans, or for other business. 5353.00 $50.00 (If you did not have Meci�care as of Nov. 19, 2000, or if someone else pays your premium, we show �0.00.) • After tal�ing any other deductions, �ve will deposit $sos.00 into your bank account on Jan. 3, 2001. If you disagree with any of these amounts, you should write to us within 60 days from the date you receive this letter. How Much Will I Get And Whsn? • Your new monthly amount (before deductions) is • The amount we're deducting for Medicare is If you receive disability benefits or Supplemental Security Income pay�ents, you must report all earnings. There are special rules that help disabled and biind people who want to work, and a new law espands opportunities under these rules. Contact us for the free booklet, Workin While Disabled—How tiYe Can Help (Publication No. 05-10095). �Vhat If I`Vork Or Want To 12,eturn To Woxk? What If I �ave Questions? You can call us at 1-500-772-1213. We can answer specific questions by phone from 7 a.m. until r p.m, on business days. If you are deaf or hard of hearing, you may call our TTY number, 1-800-325-07is. You also can visit your local office. FEDERAL BLDG�ROONI 185 316 � ROBERT ST ST P�UL NIN � � � , ; ��`V�'�I�� �/ �t�' u �' c � Kenneth S. Apfel s IIIIIII � Niy-y� Commissioner of Social Security ttamsey Action programs, Inc. 450 Syndicate Street North, Suite 122 St. Paul, MN 55204 6 51-645-6470 October 1, 2001 Dear Applicant: e—, e :�,���' ��� .._.___ �.:____._ ._ _� „,--- COfvALD C2�UIIV 1I53 ARKNRI��HT 5T ST n.�Ut M;�1 =5101 CVOZ9� 1 nio ia � vtsR Gi�cnV I/iJJ1J 1 A[YI.0 AYYil Vi I1VN o�.�»y The 2001-2002 Energy Assistance program wil! begin on October 1, 2001. Based on your application for last winter's program, you may get help with your energy biils this winter. Please check Yes or No to the foliowing questions and sign your name to verify that you answered each question correctly, � Yes ❑ No (� Yes ❑ N Does your household receive fixed benefits, such as Social Security, Supplemental Security Income, V2terans Benefits, or Pensions? Are these your only sources of income? ❑ Yes L No Did you earn over $50 interest in the last 3 months? Amount: � Yes ❑ fVo Do you purchase your heat from the same com an use a difFerent cnmpany, list the name and address of the om a� inter? If you Name: Account Number: p y � List the names oP everyone who lives in your house: ��� Fir��am� . Last Name ��, �- �- ��/`� First Name Last Name Do you ovm your own home? CL' Yes ❑ No ❑ Ail of your grant wi(I go to your eat bill unless you check this box to send 25% to your electrc company. Signature: � � Date: ����Q� Address: / _���i��f 2� �f/���/ Phone: ��� -- �3 1Q This is your Energy Assistance Appg�cation. You do not nae� ta �a�f our oi'#ica. We wi11 contact you if we need more information. The soonar we can process your application, t}:e Soo� ,� �� maica a payment. Cal1 us oniv if; • You have a shut-off, � You have been refused a delivery of fuel, or � You own your home and have a non-working furnace. ..,,��,��. To strengthen th.e community fiy providin� choices ta clients and support for ctestomers throu„h assessmznt, refen•Qi, collaboration and excellent custamer service. RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Council File # O�� � i�'1 y Ctteen Sheet # � ��� , �� Committee: Date WHEREAS, Donald Drouin filed and served a Writ of Certiorari from the Court of Appeals on August 24, 2001, challenging the decision of the St. Paul City Council (Resolution No. O1-786) to demolish his property located at 1183 Arkwright in St. Paul; and 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, the record for appeal consists of audio tapes of the hearings before City Council and the hearing before the Legislative Hearing Officer; and WHEREAS, the Rules of Civil Appellate Procedure require that such audio recordings be transcribed; and WHEREAS, it is generally the responsibility of the appellant to pay for the cost of transcription for the appeal; and WHEREAS, the appellant, Donald Drouin, filed papers requesting In Forma Pauperis status for the appeal; and WHEREAS, the supporting affidavit indicates that Mr. Drouin receives an annual income in the amount of $10, 296.00; and WHEREAS, the Council does not believe Mr. Drouin will be successful on the merits of his appeal before the Minnesota Court of Appeals but does acknowledge Mr. Drouin's right to seek review of its decision; now therefore, be it RESOLVED, that the St. Paul City Council authorizes Donald Drouin to proceed In forma Pauperis without being required to pay transcript and copying fees related to this appeal. The City will assume the costs for transcription. 1 n �-\z�� Reguested by Department of: e �'��t� F1 1l��.r 5 Gft4�'° -�_ �, ! K � � ``� av�., _ �'4 f e?f'�t,4Qtn�., /°`� `�y Form Approve� �,y City Attqrney By: Adoption Certified by Council Secretary Approved b,y�M�'yor for Submission to Council By: � cY . By C .�/� � Approved by Mayor: Date �� /_p /�/�/( � By: Adopted by Council: Date \ V p.o . Z\ _ 10 O\ � ✓ o � ���-�y GREEN SHEET No 1(��' 1 �� InItlWIDab MMYIDate � a OB�II�I�RORKTGR� CIIYCCI�ICi � wnwnoroar� ❑ emmeK � Q '1 r�u�cw.a¢axcFSOU� � ❑ w��xu��mnn�ccra � rnvoRla��assr4xp ❑ (CL.IP ALL LOCA ONS FORSIGNATURE) ����� Meghan Riley 6-8710 iusr ee or� couria� ncaon er a 11-21-01 � TOTAL#OFSIGNATURE Rev3ew of request for In Forma Pauperis PL4NNING COMMISSION' CIB CAMMf1TEE CIVIL SERVICE CAMMISSION RSONALSERVICE CONiRACiS MOSTANSWER7HE FOLLAWING QUESTIONS: Has this persoM'm eeer worked urWer a wnkaU for Mis tlepartmeM? YES � Has thie paBOnrhim evM been a city empbyee7 YES NO Ooes this persoNfirm possess a sidll not nmmallypossesseA by a�ry curtent ciry empbyee? YES NO Is thia pneaMrtn a tarpe[etl ventloY7 . YES NO PROBLEM ISSUE, OPPORTUNITY (Who, Wf18t, W11en, WIIME, Wny) Appeal initiated by indigent property owner. , ,. ${ Appeal wi�l proceed more quickly. City will incur costs of transc�iption. Court will review decision; possible delay on appeal. AOUNT OF TRANSACTION S COST/REVENUE $UDfiETm (CIRCLE ONE) YEE NO SOURCE � ACTMTY NUMBER (��7 CITY OF SAINT PAUL Norm Coleman, Mayor November 7, 2001 Daniel Bostrom Council President Third Floor, City Hall 15 West Kellogg Boulevard Saint Paul, MN 55102 RE: Donald Drouin v. City of St. Paul (Property at 1183 Arkwright, C.F. O1-786) Dear Council President Bostrom: OFFICE OF THE CITY ATTORNEY C[ayton M. Robinson, Jr., Cery Attorney d\.� ��� civitDivision 400CiryHa1[ Telephone:651266-8710 ISWestKe[IoggBlvd. Facsimile:651198-5619 SaintPau[, Minnesota SSIO2 Attached is a copy of a request far permission to proceed In Forxna Pauperis in the appeal before the Minnesota Court of Appeals on the above-mentioned Council File. Under the Minnesota Rules of Civil Appellate Procedure, an appellant has the right to request to proceed In Forma Pauperis, where the party, due to his or her income, cannot afford to pay for the costs of filing fees, transcription and briefs. Normally, an appellant makes this request to a trial court. However, under the Rules of Appellate Procedure, the City Council, as a quasi judicial agency, acts as a trial court for the purposes of this appeal. The rules state that the triai court, or in this case the City Council, shall grant the motion if it finds that the party is indigent and that the appeal is not frivolous. Therefore, the Council is mandated to grant the request unless it finds the allegations of poverty and good faith to be untrue. Under Minn. Stat. § 563.01-the statute governing Forma Pauperis status--persons may meet the indigent requirement if they receive public assistance or if they have an annual income that is not greater than 125 percent of the poverty line established under United States Code. Mr. Drouin attached an affidavit to his request indicating that he receives an annual income of 10, 296.00. He also submitted paperwork indicating that he receives monthly Social Security Disability benefits. Further, Mr. Drouin asserts that he is seeking this appeal in good faith. If the Council finds the assertions to be true, it must grant the request. If the Council denies Mr. Drouin's request, it must make findings as to the reason for its denial. Further, the Rules of Appellate Procedure allow Mr. Drouin to file a Motion before the Minnesota Court of Appeals to review the Council's decision. Inciuded with Mr. Drouin's request is a resolution granting him permission to proceed In Forma Pouperis. p�_\l�� Sincerely, � � T ��� Meghan . Riley � Assist� City Attorney � � STATE OF MINNESOTA COUNTY OF RAMSEY Donald D. Drouin, Jr., Relator, vs. City of Saint Paul, et al., Respondent. c �.►r�`i COURT OF APPEALS SECOND JUDICIAL DISTRICT APPEALS COURT FILE NUMBER C7-01-1452 Affidavit for Proceeding In Forma Pauperis (Minn. Stat. 563.01) 1. I request a Court Order/City Council Resolution waiving court fees and costs. I believe I have valid reasons for pursuing this civil action. 2. I am a party in this action and in good faith I request an Order/Resolution to Proceed in Forma Pauperis. 3. I am receiving public assistance under the following programs: SSDI(Social Security Disability Income); Minnesota Department of Human Services Program H, Drug, Dental, and Insurance; and Energy Assistance. 4. I am not represented by an attorney. Roxanne Heinrich, Esq, is consulting on behalf of MAP, a volunteer attorney program based on indigency. IFP-1B page 1 of 2 o�-�»H 5. My annual family income before taxes is $10,296.00 which is less than 125� of the Federal Poverty Line for my family size of one member. Dated: 28 October 2001 4 JV�� Donald D. Drouin, Jr. Sworn/af£irmed before me this 1183 Arkwright Street 28th day o£ October, 2001 � Saint Paul, MN 55101-3621 ,.� (651) 776-8388 � No -ry�, Pu lic , . a �.Wy�Wvvrt�vvv + J w+OV � iV `� CINDY L. HA70H � NOTARY PUBLIC•MINNESOTA � My CammHcbn EWkes Jar. 31. 2005 � m IFP-1B page 2 of 2 6�.t>>�� STATE OF MINNESOTA COUNTY OF RAMSEY COURT OF APPEALS SECOND JUDICIAL DISTRICT APPEALS COURT FILE Donald D. Drouin, Jr., Relator, vs. NUMBER C7-01-1452 Order for Proceeding In Forma Pauperis City of Saint Paul, et al., Respondent. (Minn. Stat. 563.01) Upon the affidavit of the relator, Donald D. Drouin, Jr., and based on the authority of Minn. Stat. 563.01 (1989), the Council finds that the relator's claims are not frivilous and there£ore IT IS ORDERED: 1. The relator is authorized to proceed in £orma pauperis without being required to pay filing fees, service and publication fees, transcript and copying/reproducing fees, and cost bond, if any required. 2. All necessary pleadings in this proceeding shall be served by the Sheri£f of the appropriate county as requested without payment of any fees or costs. 3. I£ £unds are recovered by either settlement or judgement in-this action, the costs deferred and expenses directed by the Court to be paid in this order shall be included in such settlement or judgement and shall be paid directly to the Court Administrator by the opposing party. Adopted by Council: Certified by: Date 7 November 2001 Council Secretary IFP-1C page 1 of 1 b�-�a Your New Benefit Amount �,� NA1ti1E: Dovaz,D DROU-rv SOCIAL SECURIT'Y CLAINI NTTI�IBER: 003-44-0543 A Your Social Secuxity benefits will increase by 3.5 percent for 2001, based on a rise in the cost of living. You can use this letter when you need proof of your benefit amount to receive food stamps, rent subsidies, energp assistance, bank loans, or for other business. 5353.00 $50.00 (If you did not have Meci�care as of Nov. 19, 2000, or if someone else pays your premium, we show �0.00.) • After tal�ing any other deductions, �ve will deposit $sos.00 into your bank account on Jan. 3, 2001. If you disagree with any of these amounts, you should write to us within 60 days from the date you receive this letter. How Much Will I Get And Whsn? • Your new monthly amount (before deductions) is • The amount we're deducting for Medicare is If you receive disability benefits or Supplemental Security Income pay�ents, you must report all earnings. There are special rules that help disabled and biind people who want to work, and a new law espands opportunities under these rules. Contact us for the free booklet, Workin While Disabled—How tiYe Can Help (Publication No. 05-10095). �Vhat If I`Vork Or Want To 12,eturn To Woxk? What If I �ave Questions? You can call us at 1-500-772-1213. We can answer specific questions by phone from 7 a.m. until r p.m, on business days. If you are deaf or hard of hearing, you may call our TTY number, 1-800-325-07is. You also can visit your local office. FEDERAL BLDG�ROONI 185 316 � ROBERT ST ST P�UL NIN � � � , ; ��`V�'�I�� �/ �t�' u �' c � Kenneth S. Apfel s IIIIIII � Niy-y� Commissioner of Social Security ttamsey Action programs, Inc. 450 Syndicate Street North, Suite 122 St. Paul, MN 55204 6 51-645-6470 October 1, 2001 Dear Applicant: e—, e :�,���' ��� .._.___ �.:____._ ._ _� „,--- COfvALD C2�UIIV 1I53 ARKNRI��HT 5T ST n.�Ut M;�1 =5101 CVOZ9� 1 nio ia � vtsR Gi�cnV I/iJJ1J 1 A[YI.0 AYYil Vi I1VN o�.�»y The 2001-2002 Energy Assistance program wil! begin on October 1, 2001. Based on your application for last winter's program, you may get help with your energy biils this winter. Please check Yes or No to the foliowing questions and sign your name to verify that you answered each question correctly, � Yes ❑ No (� Yes ❑ N Does your household receive fixed benefits, such as Social Security, Supplemental Security Income, V2terans Benefits, or Pensions? Are these your only sources of income? ❑ Yes L No Did you earn over $50 interest in the last 3 months? Amount: � Yes ❑ fVo Do you purchase your heat from the same com an use a difFerent cnmpany, list the name and address of the om a� inter? If you Name: Account Number: p y � List the names oP everyone who lives in your house: ��� Fir��am� . Last Name ��, �- �- ��/`� First Name Last Name Do you ovm your own home? CL' Yes ❑ No ❑ Ail of your grant wi(I go to your eat bill unless you check this box to send 25% to your electrc company. Signature: � � Date: ����Q� Address: / _���i��f 2� �f/���/ Phone: ��� -- �3 1Q This is your Energy Assistance Appg�cation. You do not nae� ta �a�f our oi'#ica. We wi11 contact you if we need more information. The soonar we can process your application, t}:e Soo� ,� �� maica a payment. Cal1 us oniv if; • You have a shut-off, � You have been refused a delivery of fuel, or � You own your home and have a non-working furnace. ..,,��,��. To strengthen th.e community fiy providin� choices ta clients and support for ctestomers throu„h assessmznt, refen•Qi, collaboration and excellent custamer service.