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09-639Council File # 09-639 Green Sheet # 3071263 RESOLUTION CITY OF SAINT PAU,�, MJI�INESQTA_ Presented by /! 1 2 , � 4 5 6 7 8 9 10 11 12 13 BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative hearing recard and testimony heazd at public hearing on June 3, 2009 hereby memorializes its decision to certify and approve the May 19, 2009 decision of the Legislative Hearing Officer far the following address: ADDRESS 1160 Cushin� Circle #217 APELLANT Jean Merkelo Decision: Appeal denied and extension granted to June 3, 2009 to clean out 50 percent of the items in tl�e unit. If conditions are met, another extension is granted to June 17, 2009 to clean out the remainder of the items in the unit. If the conditions are not met on June 3 or June 17, 2009, the unit must be vacated. Xeas Nays Absent Carter Bostrom Harris ,� Helgen � Lantry J Stark ,/ Thune � � O Requested by Department of: � Form Approved by City Attorney !:T'� Form Approved by Mayor for Submission to Council � Adopted by Council: Date �g � �� � pCl 09-639 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ; Contact Person 8 Phone: Marcia � - -- - - ; �/ ; I : fiSgjyp �� i Number For ' I Routing ( � Order j 0 1 2 3 4 5 DeoartmentD'uector ' Citr Clerk ' I I i I Must Be on Council Agenda by (Date): �IDOC.Type:RESOLUTION I EAocument Required: Y 4 1 Document Contact: Vicki I I � Contact Phone: i Total # of Sig P _(Clip A Loc f Sign Action Requested: Resolution memorialzing Citiy Council acrion taken June 3, 2009 denying the appeal and granting an extension to June 3 and June 17, 2009 to come into compliance for proper[y at 1160 Cushing Circle #217. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contrects Must Answer the Following questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this perso�rm ever 6een a city empfoyee? Yes No 3. Does this person�rm possess a skill not normally possessed by any current city employee? Yes No Euplain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advan W ges If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Transaction: Funding Source: Financial Information: (Explain) CosVRevenue Budgeted: Activity Number: i June 5, 2009 9:17 AM Page 1 09-639 �� �.�, o. ` CITY OF SAINT PAUL E g � �.�ii�vm �'° ` ° CIT'Y CLERK'S O�'iCE April 13, 2009 Jean Merkelo 1160 Cushing Circle #217 St. Paul, MN 55108-5009 RE: 1160 Gushing Circle, #217 appeal Dear Ms. Merkeio: Please attend the public hearing before the Legislative Hearing Officer on Tuesday, April 21, 2009 at 11:30 a.m. in Room 330 City Hall and Courthouse to consider your appeal concerning the above referenced property. At that time the Legislative Hearing Officer will hear all parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. To get to City Hall from Shepard Road: Left turn on Sibley Left turn on Kellogg City Hail is on your right at the intersection of Keliogg and Wabasha, across the streetfrom the Crowne Plaza Hotel. Meters are availabie for one hour on-street parking. To park in a ramp, turn right on Wabasha and cross 4' Street. The Victory Ramp is on the right and the Lowry Ramp is on the left. There are entrances to City Hall on Kellogg and 4 St. Enclosed is a map to help you locate City Hall. Sincerely, � , ,�� � �_ " �E%.�c. � r�C3 Shari Moore ' City Clerk cc: Leanna Shaff, DSI (Fire) Phil Owens, DSI (Fire) Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attorney Kay Wittgenstein, Pubiic Health 15 WEST ICELLOGG BOlJLEVARD, SUITE 310 SAINT PAiII, MINNESOTA55102 Tel: 651-266-8688 Fax: 651-2668574 www,stpaul.gov An Affirma5ve Action Equal OpporiuniTy Employer 09-639 i'`�`' � �� ������ i 4. Name of Address: APPLICA'TION FOR �PP�AL Saint Paul City Clerk 15 W. Kellogg Blvd., 310 City Hall Saint Paul, Minnesota 5� 102 Telephone: (b51) 266-8688 being Appealed: � 2. Number of Awelling Units: � 3. Date of Letter Appealed: Phone Numbers: Business City: State: Residence 5. Appellant / Applicant (if other than owner): � jPri�� «�����-�� � Address: �"i= � �(�n�n�� �`� r� � � €7 City: _�� YGi,�� 5tate: /�"� _� Zi � 5 ,` �, P���a� Phone Numbers: Business Residet�ce Ce11u1az Cellular .t��; 3'" �� fc�C 6 State specifically w�ai is being appealed' and why (Use an attachment if necessazq): NOTE: A$25.00 filing fee made payabie to the City of Saint Paul must accompany tlus applicafion as a necessary condition for filing. You must attach a copy of the originat orders and any other eoaespondence relaflve to this appeal. Any person unsatisfied by the final decision of the City Council may obtain judicial review by timeIy fiHng of an action as provided by law in District Court. For O�fice Use Only ` Received: Fee Received: Receipt Number: Date 09-6�e 1 of 2 City - Appeal - Thank You! =� --:.����a.�.� .� F�trri'r: Jearr idl <Jeangirlb6C�tive.com> To: <cityclerk@ci.stpaul.mn.us> Date: 4/2/2009 12:42 PM Subject: Appeai - Thank You! CC: <jeangiri66@yahoo.com> Dear Shari, I have had a horrible set of circumstances incuding disability, severe illness, and 4 unexpected and horrible deaths to deal with in a very short amount of time - I am effectively a new widow due to e possible hospital error. I am living my worst nightmares and in this time, my apartment did not meet inspection. I am horribly embarrassed, but I have needed to be in the hospital (stage 2 lymphoma) and have recently become a widow while at the same time having to travel for other tregedies, including a murder. I have thrown up and sobbed from illness and shock at cemeteries, in airports, and in front of total strangers. I am barely surviving. There simply has not been help fast enough to sort through things, organize, or remove basic things from my apt. I was so badly injured several years ago I could not wipe myself. DEspite having people check in on my apt., no one could meet the re-inspections in time, in part because of a misprint on the form from the apt. complex. I simply could not expect anyone to clean overnight for me. Many of us are dealing with the same deaths, travel, and nightmares and are all overwhelmed. I have no family in town, and some who could have helped me are now dead, and I am dealing with their deaths. I would be so grateful if I could reschedule an inspection and just as grateful if I could fax you the letter of condemnation I received and possible pay by credit card the fee over the phone? I am desperate for help, should not be driving nor living by myself right now - I black out, sob, or vomit several times an hour, can't find anyone to take me to file, and don't even know that I can physically make it. I have come back to my apt. to try and clean a little. I have items of and that deal directly with my worst horrors and nightmares, and can't even look at them. I am desperately trying to find people to help me simply move items carefully into storage boxes and spaces, because I simply can't in fast enough time. I am so very sorry that the inspections came at a time when nothing had been done - I have lived there many years and am normally a compliant and respectful person, until disability and tragedy overwhelm me. If you can help in any way I would be so very grateful. I can take a taxi to a Kinko's and fax the required letter. I vomit constantly from illness and am in a panic because I see it has now been 10 days since this failure to pass inspection. I am currently in medical appts. today, don't know when I can get home, or anywhere, and have to provide horrible medical details regarding hosp+tal errors to an attorney before the day is out. Thank you so very much for your help. I am so grateful for anything you can do for me. I don't know how I can get there before closing today. The inspector returns to our building on the 14th and I"m hoping I can just get a re-inspection. Thank you again, file://C:�Documents and Settines\smoore�I.ocal Settines\Temn\XPernwiae\49T)4R�A Ama; nn �i�nn9 09-6&�e 2 of 2 Jean Merkelo - The Burlington/#217/55108 cell 651 263 0566 Langiri66Ca�vahoo.com (best e-mail address to check while out in public places) Rediscover Hotmail�; Get e-mail storege that grows with you. Check it out. file://C:�Documents and Settines\smoore\Local Settinas\Temn\XPemwice\49n4R�AAma; n/t't/�nn4 AEPARTMENTSAFETY ANDIQ�` NS Fire Inspecrion Division Robert Kessler, Direclor CTTY OF SAINT PAUL ChristopherBr Coteman, Mayor Mazch 24, 2009 375✓ackron Street, Suite210 Telephone: 651-266-9090 Saint Pau[, MN55T01-1806 LARAMAR COMMUNITIES LLC / THE BURLINGTON APTS 1180 CUSHING CII2CL ST PALTL MN 55108 RE: RE-INSPECTION FII2E CERTIFICATE OF OCCUPANCY WITH DEFICIENCIES ll 60 CUSHING CIRCL Ref. # 18074 Deaz Property Representative: Xour building was re-inspected for the Fire Certificate of Occupancy on March 10, 2009. Approval for occupancy will be granted upon compliance with the following deficiency list. The items on the list must be conected immediately. A reinspection will be made on April 14, 2009 at 1:00 pm. Failure to comply may result in a criminal citation or the revocation of the Fire Certificate of Occupancy. The Saint Paul Legislative Code requires that no building be occupied without a Fire Certificate of Occupancy. The code also provides for the assessment of additional reinspection fees. DEFICIENCY LIST 2. 3. 4. 5. 6. 103 - MN Stat. 299F.362 - Immediately provide and maintain a smoke detector located outside each sleeping area. 107 - Living Room - MSFC 605.4 - Discontinue use of all multi-plug adapters. 148 - Living Room - MSFC 605.4 - Discontinue use of all multi-plug adapters. 205 - Bedroom - SPLC 34.10 (7), 34.33 (6) - Repair and maintain the floor in an approved manner.- Repair or replace the carpeting. 205 - SPLC 34.10 (5), 34.33 (4), 3416 - Provide and maintain interior in a clean and sanitary condition.- Sanitize apartment throughout. 206 - MN Stat. 299F362 - Immediately provide and maintain a smoke detector located outside each sleeping area. 213 - MN Stat. 299F362 - Immediately provide and maintain a smoke detector located outside each sleeping area. 8. 9. 10. 11. 09-639 215 - MN Stat. 299F362 - Immediately provide and maintain a smoke detector located outside each sleeping area. 217 - SP_I�C 34_L4 (5), 34:33 {4), 34.16 - Pravide and maintain interior in a clean and sanitary condition.- Sanitize the apartment throughout. 217 - MSFC 315.2 - Provide and maintain orderly storage of materials. 217 - MN Stat 299F18 - Immediately remove and discontinue excessive accumulation of combustible materials. 12. 217 - MSFC 1011.2 - Remove the materials that cause an exit obstruction. Maintain a cleaz and unobstructed exitway.-Maintain clear access throughout unit and clear access to bedroom egress windows. 13. 14. 15. 16. 17. 18. 217 - MN Stat. 299F.362 - Immediately provide and maintain a smoke detector located outside each sleeping area.-Smoke detector may not be tampered with. A citation will be issued for non-compliance. 217 - SPLC 34.23, MSFC 110.1 - This occupancy is condemned as unfit for human habitation. This occupancy must not be used until re-inspected and approved by this office: This unit must be vacated by Aprill4, 2009 at 1:00 pm if not in full compliance at this time. 302 - Back Bedroom - MSFC 315.2 - Provide and maintain orderly storage of materials. 3rd Floor - Near 302 - MSFC 1010.4 - Provide and maintain at least 60 minutes of illumination to the exit signs in case of primary power loss.-Repair non-working battery backup to exit sign. 3rd Floor - Near Trash Room - MSFC 703 - Provide, repair or replace the fire rated door and assembly. The minimum rating must be: 1 hour.-Repair and maintain the door closer. All Floors - Laundry Rooms - MSFC 703 The fire door must not be obstructed or impaired from its proper operation at any time.-Fire doors may not be propped open. 19. Hallway by Moving Doors - MSFC 703 - Repair and maintain the required fire resistive conshuction with approved materials and methods. This work may require a permit(s). Call DSI at (6� 1) 266-9090.- Patch hole in ceiling and seal around wires to emergency light. 20. SPLC 34.11 (6), 34.34 (3) - Provide service of heating facility by a licensed contractor which must include a carbon monoxide test. Submit a completed copy of the Saint Paul Fire Marshal's Existing Fuel Burning Equipment Safety Test Report to this office. 21 22. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and return it to this office. MSFC 1010.5 - Provide and maintain an approved emergency lighting system.-Repair non-working emergency light by door to west garage. Provide emergency lighting far 3rd floor of Stair D. If you have any questions, call me at 651-266-8986 between 730 a.m. - 9:00 a.m. Please help to make Saint Paul a safer place in which to live and work. Sincerely, Mitchell Imbertson Fire Inspection (5/11/2009j Vicki Sheffer - Re: FW: Organizing Plan and Proposal � Page 1 i ---- -- ----- ` ----9-9-63-g ---�- From; Marcia Moermond - -- - -- - - - - - --- -- _. _ Toc Wittgenstein, Kay CC: Shaff, Leanna; Sheffer, Vicki Date: 5/8/2009 12:21 PM Subject: Re: FNI: Organizing Plan and Proposal AtYachments: Merkefo NeedsAssessment.doc Re: Condemnation and Order to Vacate Appeal of Jean Merkelo at 1160 Cushing Circle, #217 Hi Kay, Thanks for the follow-up on the organizer's plan. I'm trying to figure out what I need to do on our end using this plan. Right now, the appeal of the condemnation and order to vacate is scheduled for another legislative hearing on May 19. I'm very happy to lay over/continue the hearing at that time, if we can nail down some deadlines. Alternatively, I could decide it and give a relatively Iong deadline for correction. Did Kathy do a time line, or are deadlines going to be setup to jive with what we do in hearing. If there are any deadlines coming from ]ean or Kathy (for me to consider and probabfy reiterate as a part of a decision), then I think I need to create one. For this, I'd like to seek advice from you and Leanna. Let me know your thoughts on this. Thanks for your work on this and on all you do. -Marcia »> "Wittgenstein, Kay" <kay.WittqensteinCo�CO.RAMSEY.MN.US> 5/8/2009 9:48 AM »> Hi, FYI. She is quite a hand full. Kay From: Kathy fmailto:kathy@ProiectPartnerServices.coml Sent: Thursday, May 07, 2009 7:12 PM To: 'Jean Merkelo' Cc: Wittgenstein, Kay; 'Jane Scheidnes' Subject: Organizing Plan and Proposal Hi )ean, Thank you for making time to meet with me the other day. I have met with Jane and we have put together a plan and proposal to work with you on your organizing goals. Please see the attached document and let me know if you have questions. We look forward to working with you. Take care, Kathy f- ------ - -- (5/11/2009j Vicki Sheffer- Re: FW: Organizing Plan and Proposal Page 2 --- --- -89-639 - ' _ Kathy Franzen, CPO(r) ! Certified Professional Organizer Certified Postpartum Doula, CPD(DONA) Project Partners Organizing, LLC www.ProjectPartnerServices.com <htto://www.proiectpartnerservices.com/> Phone:651-592-6870 Click here to sign up to receive your FREE E-book or Audio Recording: <htto://www. �roiectoartnerservices.com!> 5 Simple Steps to Organize Your Space <htt�:/{www. proiectpartnerservices.com/> Become a fan of Project Partners Organizing, LLC on Facebook! <http_J/www facebook com/pages/Roseville-MN/Project-Partners-Organizing LLC/ 29498602375 #/ pagesJ Rosevi Ile-MN/P roject-Partners-Orga n izing-LLC j2949 8602375> 09-639 � Harmonious Home and the Optimal Office the Busy Family Kathy Franzen Professional Organizer __ . - PMone: 651-486-2720 Cel1: 651-592-6870 www. ProjectPartnerServices.com Serving the Twin Cities Metro Area And Surrounding Communities In Partnership with Jane Scheidnes The Art of Organizing Phone: 651-487-9153 www.ArtOfOrga n izing. com Organizing Assessment Summary Jean Merkelo - May 6, 2009 Client Objectives (what do you want to accomplish?) 1. Stay out of housing court; Stay in your home. 2. Create a home environment that supports your special needs. 3. Be able to work your through the grieving process at your own pace. Metrics (how will you know when you've accomplished your objectives?) . Your meeting with the authorities will inciude an acceptable step toward closure of yourcase. . Your home will be free of dangerous levels of clutter, especially paper and other combustibles. . You will have clear, easy access to doors and windows. . You will have a system to manage your personal living needs. . You will be able to have all of the items that you need and are important to you in your apartment and you will be able to ciose down use of a storage locker. Recommendations Schedule two to three 3-hour sessions with both Jane and Kathy early next week to focus on going through your entire apartment and sorting your things into the foilowing categories: a. Throw away, recycle, donate. b. Keep in apartment for daily living. c. Move to storage locker to go through slowly and thoughtFully. (see step 2) 2. Schedule 2-4 "in person" appointments with Jane or Kathy to organize daily living items in your apartment, and set up systems to manage your home going forward. 3. Schedule several phone coaching appointments in combination with hands-on visits with Jane or Kathy to support you in bringing your boxes back out of storage to go through slowly and thoughtfully. a. The amount of time this will take will be determined by how quickly and easily you are able to make decisions. The process of going through these items slowly and thoughtFully will produce additional items to be released as well as items to reinstate into daily living. 09-b39 Rates - _. - Our regular raYe is $75 per hour, per organizer. Discounted rate for your project is $120 per hour for both organizers during the initiatai 2-3 sessions, and $60 per hour for one organizer during the 2n and 3rd stage. Phone coaching is bil{ed at $120 per month (4 weeks) and includes one 30 minute phone session per week. We are willing to consider a payment arrangement to make the process a workable solution for you. Date: April 15, 2009 09-639 File #: 06 -112664 Folder Name: 1160 CITSHING CII2CL PIN: 272923140020 � �60 Euskiu� Cirele - �kpt 317 � 4f�4✓99 --- — -- — - – 09-639 Date: File #: Folder Name: PIN:_ --- -- <dndate» <d"ilenum» <�oldemame» _«EIN»--- --- 09-639 Date: <dndate» File #: <�lenum» Folder Name: <d'oldername» PII4:__ - __ _ <t�Ari» - - - --- - --------- 09-639 Date: <dndate» FIle #: <�'ilenum» Folder Name: <doldername» PIN:_ _ - -------«PIlY»-- - -- 09-639 Date: <dndate» File #: <dilennm» Folder Name: <�oldername» PIN: _ _ - - — --- " - 09-639 May 19, 2009 Legislative Hearing Minutes Page 10 4. Appeal of Jean Merkelo to a Condemnation and Order to Vacate for pro�eriy at 1160 _______ _... _ _--_ - - - ��si�inQ £ #2i9: (�escfieduled £rom Apn121 per Kay Wittgenstein) Jean Merkelo, appellant, appeared with Kay Wittgenstein, Ramsey County Public Health. Ms. Moermond told Ms. Merkelo that she understood she had been working with Ms. Wittgenstein on a work plan to clean out the excessive accumulation of stuff in her unit. Ms. Moermond asked for a staffreport from Inspector Supervisor Shaf£ Ms. Shaff stated that Inspector Imbertson inspected the unit on Much 24, 2004 and found the following: unsanitary conditions; an excessive accumulation of combustible materials; materials obstructing exits including the bedroom egress window; and a missing or defective smoke detector outside the sleeping room. As a result of the inspector's findings, he condemned the unit and ardered a re-inspection far April 14 and if the unit was found to not be in compliance, it would need to be vacated that same day. She eYpressed extreme concern that a re-inspection had not occurred to date given the conditions the inspector had found especially considering this was a multi-unit apartment building and other tenants were being put at serious risk. Ms. Shaff pulled up pictures from STAMP to show Ms. Moermond what the conditions were in this unit at the time of the inspection. Ms. Wittgenstein stated that Ms. Merkelo acknowledged that her unit is full and that she needs to dispose of or find storage for the excessive stuff she had accumulated. She said she had made significant progress from when the inspector was at the property and took the photographs. She had consulted with a professional organizer who went throu� the unit and did an assessment of what services they could provide; however, their services were very costly. She believed that Ms. Merkelo has the support of people to help her out and go through her unit and clean it up. Ms. Merkelo stated that she had been ill with the flu and had not been able to get much done over the past week. She said she had lived in this unit for the past 10 years and never had any problems. She had been injured approximately seven years ago which prevented her from overusing her hands and arms. She also was going through cancer treahnents, had four major losses of loved ones in her life including one murder, and the tragedy and grief were too overwhelming for her to cope. She said she would like to be code compliant and would welcome a re-inspection. Ms. Wittgenstein stated that Ms. Merkelo was willing to allow access for a xe-inspection of her unit. Ms. Shaff responded that she could not accommodate a request for a re-inspection on a Friday to be done the following Monday as Ms. Wittgenstein had requested. Ms. Moermond asked Ms. Merkelo whether she was receiving any counseling and whether she acknowledged that she had a hoarding disorderldisease. Ms. Wittgenstein responded that Ms. Merkelo was open to attending counseling. Ms. Moermond told Ms. Merkelo that if she did not acknowledge her condition and receive therapy for it, she would likely see her back in the same condition within rivo to three years. She strongly urged her to obtain assistance for her problem. Ms. Moermond told Ms. Merkelo that she was not doing her any favors by continuing this matter in hearing. She recommended granting the appeal on the condition that at least 50 percent of the items in the unit be cleaned out by June 3. The inspector will re-inspect the unit on June 3 for confirmation and if the condirions are met, an extension will be granted is to June 17 to remove the remainder of the items. If the conditions are not met, the unit must be vacated.