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HomeMy WebLinkAbout05/29/2012 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING TUESDAY, MAY 29, 2012 The following is the minutes for the regular meeting of the City Council held at 7:00 p.m. on Tuesday, May 29, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Dana Caraway, Church of All Nations, gave the Invocation. Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Schmitt Absent: Council member Diehm PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed rental license revocation of Resolutions 2012-59, 60, 61, 62, 63, 64, 65, and 66, in that the properties have been brought into compliance. Motion by Nawrocki to add council corner to the agenda. Peterson called for a second. Motion died for lack of a second. Nawrocki requested discussion on the Community Development steering committee, Library Director retirement ad, and the State Auditor report on government consolidation. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS - none CONSENT AGENDA Nawrocki requested to remove item D for discussion. City Manager Walt Fehst took Council member through the Consent Agenda items: A. Approve minutes of the May 14, 2012 City Council meeting. Motion to approve the minutes of the May 14, 2012 City Council meeting. B. Approve Transfer of Funds for Safe and Sober grant reimbursement and AHDTF Overtime grant reimbursement from General Fund to Police Department Overtime Line Item #1020 Motion to transfer the following from the General Fund to the Police Department 2012 Budget, Overtime Line Item 1020: $6,214.16, the amount of money received from Coon Rapids, the grant administrator for the Safe and Sober program; and $2,000, the amount of money received from Anoka County as partial reimbursement for the department's AHDTF Officer. C. Approve Transfer of Public Safety Building Range Rental Fees to be used for Range Maintenance Motion to transfer $3,756 of monies received in Public Safety Building Range rental fees to the Police Department's Expert and Professional Services line item 101.42100.3050. These funds will be used to reimburse funds expended for range maintenance performed by DC Management and Environmental Services and for the removal and disposal of the bullet trap performed by Veolia Environmental Services. Motion to transfer $415 of monies received in Public Safety Building Range rental fees to the Police Department's General Supplies line item 101.42100.2171. These funds will be used to City Council Minutes Tuesday May 29,2012 Page 2 of 9 purchase supplies for repairs to the target carrier and for purchase of filters necessary for range maintenance. D. Adopt Resolution 2012-56, being a resolution amending the 2012 street department budget to utilize parking maintenance funds committed by Resolution 2010-138. —removed E. Approval of attached list of rental housing applications. Motion to approve the items listed for rental housing license applications for May 29, 2012 in that they have met the requirements of the Property Maintenance Code. F. Approve Business License Applications Motion to approve the items as listed on the business license agenda for May 29, 2012 as presented. G. Review payment of bills Motion that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 143557 through 143735 in the amount of $611,735.15. Motion by Williams, second by Schmitt, to approve the Consent Agenda items with the exception of item D. D. Adopt Resolution 2012-56,being a resolution amending the 2012 street department budget to utilize parking maintenance funds committed by Resolution 2010-138. Motion by Williams, second by Schmitt, to waive the reading of Resolution 2012-56, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution 2012-56,being a resolution amending the 2012 street department budget to utilize parking maintenance funds committed by Resolution 2010-138. Joseph Kloiber, Finance Director, stated this is an administrative housekeeping item. There is slightly over$100,000 committed by the Council for parking lot maintenance, collected from businesses for lots and ramps. In 2011 the government accounting standards changed the rules, whereby this can no longer be in its own fund. It is now reported in the General Fund. Now that the money is in the General Fund, there needs to be a department to pay this money from. Nawrocki asked if we are making a commitment of what to do with the money. Kloiber stated that it was committed to use for downtown parking maintenance. Currently, 19 percent of the yearly parking ramp maintenance comes from this allocation. The remainder of the fund would be available for a new contract with the medical clinic. Someday we may need to have another assessment to continue the program. Nawrocki asked how much of this would be used to pave the lot on the west side of Central Avenue. Kloiber stated that would be about $20,000 and would only remove about 1.5 years of contract payment amount. Nawrocki stated that before the funds are depleted, we will have to decide how to handle future funding. Schmitt asked how long the contract is for. Fehst stated that the contracts are usually about ten years. There are alternatives, such as to let the parking ramps go to the owners,but maintain public parking. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS City Council Minutes Tuesday May 29,2012 Page 3 of 9 A. Adopt Resolution 2012-068 ordering improvements for concrete alley construction between Jackson and Van Buren Streets from 40th Avenue to 160 feet north of 40th Avenue. Kevin Hansen, Public Works Director, stated this is in response to a petition to restore 160 feet of alley, including stoinu sewer. There is a difficult grade at this location. The assessment would be to the two adjoining property owners, over a period of ten years. Hansen stated that the storm sewer was extended during street work under the sidewalk. The funds will come from the storm sewer fund. Hansen stated that the two properties are different and the one property with more work required will be assessed more. Motion by Schmitt, second by Williams, to waive the reading of Resolution 2012-068, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Schmitt, second by Williams, to adopt Resolution 2012-068,being a resolution ordering improvements for concrete alley construction between Jackson and Van Buren Streets from 40th Avenue to 160 feet north of 40th Avenue. Upon vote: All ayes. Motion carried. B. Adopt Resolution 2012-067 being a resolution ordering improvements for sidewalk construction on the north side of 43rd Avenue between Quincy Street and Central Avenue Hansen stated there is only one abutting property, the shopping center affected by this construction. Hansen described the locations of the sidewalk extension. Because of ADA regulations, the middle entrance will be reconstructed. Motion by Schmitt, second by Williams, to waive the reading of Resolution 2012-067, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Schmitt, second by Williams, to adopt Resolution 2012-067,being a resolution ordering improvements for 43rd Avenue sidewalk between Quincy Street and Central Avenue. Upon vote: All ayes. Motion carried. C. Adopt Resolution 2012-069 ordering improvements and levying and adopting the assessment for Grandview Court Motion by Williams, second by Schmitt, to table the Grandview Court assessment. Upon vote: All ayes. Motion carried. Fehst stated it is our intention to obtain the funds from the owner to do this work. Nawrocki questioned why we are not doing the section of street on the east side of Grandview Court. Hansen stated that Grandview Court is a "U" shape. Not knowing the development tilneframe, we were not going to do the small areas. The area requested accesses the underground parking and there is beginning to be curb and street deterioration. D. Adopt Resolutions 2012-58, 1124-26 45th Avenue N.E., 2012-59, 1132-34 45th Avenue N.E., 2012-60, 4318 3rd Street N.E., 2012-61, 5005 7th Street N.E., 2012-62, 3814 Gauvitte Street N.E., 2012-63, 4124 5th Street N.E., 2012-64, 5250 7th Street N.E., 2012-65, 3820 Hayes Street N.E., and 2012-66, 4544 Madison Street, being Resolutions of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Fire Chief Gary Gorman listed the corrections that have not been made to 1124-26 45th Avenue. This is the only request for revocation, as all others are now in compliance. Motion by Williams, second by Schmitt, to close the public hearing and to waive the reading of Resolution Number 2012-58, there being ample copies available to the public. Upon vote: All City Council Minutes Tuesday May 29,2012 Page 4 of 9 ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution Number 2012-58, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried. E. Adopt Resolution 2012-57, 4201 Washington Street N.E. being a declaration of nuisance and abatement of violations within the City of Columbia Heights. Gorman stated this property is vacant and was found unsecured, so we secured it and are now awaiting abatement by the City Council. Schmitt questioned why the owner's name is on the resolution. Gorman stated that upon contacting the bank listed at the property, they indicated that they do not have any records for this property. The redemption period was over at the end of April. Motion by Schmitt, second by Williams, to close the public hearing and to waive the reading of Resolution Number 2012-57 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Schmitt, second by Williams, to adopt Resolution Number 2012-57 being a resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. F. Adopt Ordinance 1607, being an ordinance amending Chapter 3, Sections 33 and 34 of the City Charter regarding election write in candidates. Motion by Williams, second by Schmitt, to waive the reading of the ordinance, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Ordinance No. 1607, being an ordinance amending Chapter 3, Sections 33 and 34 of the Charter of the City of Columbia Heights. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION - none ADMINISTRATIVE REPORTS Report of the City Manager Nawrocki asked how the Community Development Steering Committee was formed. Fehst stated that Council wanted to look at the sign ordinance again. Peterson stated that Council member Schmitt offered to be on this committee. She indicated they meet at 7:00 a.m. Fehst stated that citizens indicated the design guidelines ordinance was too restrictive. Nawrocki stated this was discussed at the EDA meeting, and was it left that there was not time to discuss this and it would be brought up at a later date. Fehst stated that this was discussed at a City Council meeting. Schmitt stated it was suggested that we get input from businesses, since the ordinances affect businesses. The committee is a group of people from the community consisting of business owners, citizens, a Planning and Zoning Commission representative, and herself to brainstorm and discuss ideas. We are not setting policies. Our third meeting will be held tomorrow to get citizen input. Nawrocki asked who appointed the committee. Jim Hoeft, City Attorney, stated that the City Manager and staff created it, as it is not an administrative committee. Schmitt stated that the City Planner was turned down by several people that could not participate at this time. There is also a volunteer that attended our Citizens Academy. Nawrocki stated that he did not receive any City Council Minutes Tuesday May 29,2012 Page 5 of 9 applications or list of names. Things that involve city business should come through the City Council. Fehst stated that anyone is welcome to attend. We want to be business friendly and get their input. Peterson again stated they are volunteers with objective ideas. Peterson stated that our Library Director is going to retire. Nawrocki stated that the Council was not told she resigned. He referred to the checking the League of Minnesota Cities salary survey, which shows this position's salary range to be lower than ours, and since we are starting anew we should look at the salary. Fehst asked if he looked at the entire library system. Fehst stated that we do an accurate assessment of positions. Nawrocki stated that most libraries are tied in through county libraries. There are very few municipal libraries left. Fehst suggested he come in and talk to the Human Resources Director. Peterson stated that staff looks at the best economics for our community, but we want someone that is qualified. Peterson stated that Loader will be sorely missed. Nawrocki stated this will not come back to Council, as it is the Manager's responsibility. Fehst stated that, as we do with department heads, Council will have a chance to meet with the candidates; but the ultimate decision is his. Nawrocki stated this is the time to consider the salary, before a decision is made. Fehst stated that a copy of the Auditor's report summary data was sent to the Council. The full document is over 100 pages and is available in our office for review. Fehst stated that the Mayor and Council have authorized him to speak to other cities regarding collaboration and combining services with surrounding communities. St. Anthony is discussing combining one department with their council tonight. Nawrocki stated he would like to see what discussions have been held with other units of government to cut expenses. Fehst stated that if there was a way to consolidate cities, he would consider stepping aside to work on just that. We would probably lose some council members and department heads. There would be obvious savings on staff and equipment. We are looking at this and will continue to look at it. Nawrocki referred to the letter from the sewer insurance company that appears to be from the City of Columbia Heights. The original thought was that the City would be an official partner,but the City decided not to do that because we don't know how they will handle their customers. Nawrocki questioned the credence we are giving these people. There is only one other city in this program. Schmitt stated she brought this idea forward. The custodian at her church asked if it was legitimate and felt it was a really good deal. Some neighbors are already signing up for the entire year. Local insurance agencies cannot match the price. Hansen stated that the program is being advertised separately between sewer and sanitary sewer. Combined, the cost would be about $10 a month. Three other cities have contacted him requesting information. Nawrocki stated he checked with his insurance agent and he has this insurance as part of his policy. We should suggest that people contact their agent first to see if they have this and what the cost would be. Nawrocki asked if this replaces a broken line. Hansen stated they repair the line. Hansen stated that if a blockage is due to your own line it is covered, not if it is from a main line. Fehst stated he attended the First Heights Idol competition at Murzyn Hall. There were children with beautiful voices. A judge commented on the wonderful talent in Columbia Heights. The next Heights Idol competition will be held during the Jamboree. The Recreation Department does a great job with this. We put in for a League of Minnesota Cities award for targeting Youth/City/School ventures and we were notified we will receive the award at the League conference. Two years ago we received this award for collaboration with the school district. Fehst listed the items included in this application and stated that Council would receive a copy. Fehst complimented Becky Loader and Linda Magee for the "polish"they gave the application. He commended Loader on the great job she does and stated that she will be sorely missed. City Council Minutes Tuesday May 29,2012 Page 6 of 9 Report of the City Attorney—nothing to report CITIZENS FORUM Ahmed Mohsen Elyamani, Affordable Auto Works 715 39th Ave NE stated he has been in business since 2001. His state car sales license was closed in 2010 when they remodeled. Two weeks ago he went to the city to renew his license and was told he would lose the license. He stated that city staff never told him he would not be able to obtain a city license. He indicated that the City Planner stated that since they have a state license they did not need a city license. He indicated that the city is responsible to let us know what licenses are required. Hoeft indicated that there was more than a year lapse in the license, which requires the property be brought up to code. Nawrocki asked if they sell cars. Elyamani stated they have repaired and sold cars for the past 11 years. Hoeft stated the issue discussed is regarding car sales and the lack of license for over one year. Fehst asked how many cars in a year were sold. Elyamani estimated 250 cars with 75% dealer trades and 25% are from auctions. Fehst stated that the law is what it says, but this gentleman has had a business here for 11 years. Peterson stated he would like to see us look more closely at this. Elyamani stated that if he knew the license would lapse, he would have paid the money. Peterson asked Fehst to speak to the City Planner about this. Fehst stated that we will look at the area and situation. Joyce Meyer, 4931 Jackson Street, stated that she has not had a property violation for 12 years, but now received a violation. She stated she did not receive communication from the Fire Department. There needs to be some rules about yard sales. The City removed some of her property, because she did not meet the four day rule. We need a spokesperson that people can go to talk to like the city of Minneapolis. She stated that she did not receive a call back from the Asst. Fire Chief or the Mayor. Meyer listed items that were removed from her property just because she was trying to have a yard sale. Fehst stated Meyer has a long history of issues with us,but we have worked with her and her family. He agreed that there are a few things that should not have been taken,but there were a good deal of things that needed to be removed. Fehst apologized and stated that we are trying to work with Meyer. There was sufficient notice to get these items out of site and there are ordinances to follow. Fehst suggested she speak to Asst. Chief Larkin. Nawrocki asked if she was collecting items for a yard sale. The yard sale limit is three days. He asked how long she had the items displayed. She indicated it was longer than that, but there is a difference between yard sale items and decorative items. Nawrocki stated that yard sale items are generally placed in the garage over night. Nawrocki requested a copy of the yard sale ordinance and the fire depaitment report. Peterson stated that the rules were violated,but we are trying to return the decorative items removed. Patrick, of Keystone Automotive at 39th and Jackson, stated he employees 35 employees and was present to support the previous auto store owner. Peterson stated that he and the Manager attended the 394th Airborne coming back from Afghanistan to meet their family. The respect these solders have for citizens and country is remarkable. Peterson stated "Don't forget our service men and women." "Don't take ourselves too seriously and do a random act of kindness." ADJOURNMENT Mayor Peterson adjourned the meeting at 8:32 ireiressgakiik Patricia Muscovit. C C City Cl- k City Council Minutes Tuesday May 29,2012 Page 7 of 9 RESOLUTION NO. 2012-56 A RESOLUTION AMENDING THE 2012 STREET DEPARTMENT BUDGET TO UTILIZE PARKING MAINTENANCE FUNDS COMMITTED BY RESOLUTION 2010-138 WHEREAS,the City of Columbia Heights has levied and collected special assessments from various properties located from 39th Street NE to 415t Street NE,on both sides of Van Buren Street NE and the west side of Central Avenue NE,based on a determination of their relative parking needs and the terms of a development agreement under the Columbia Heights HRA; and WHEREAS,the City of Columbia Heights maintained the unspent balance of these assessments in a separate fund used solely for maintenance of its downtown parking facilities from 1986 through 2010;and WHEREAS,in 2011,the Governmental Accounting Standards Board(GASB)revised its reporting standards in a manner required that the unspent balance of these assessments be henceforth reported within the City's General Fund; and WHEREAS,the City of Columbia Heights,when implementing the revised GASB reporting standards,documented by resolution 2010-138 that the unspent balance of these assessments reported within the City's General Fund is committed for the specific purpose of downtown parking maintenance; and WHEREAS,the City of Columbia Heights estimates that the 2012 maintenance costs of its downtown parking facilities will be approximately$50,000; NOW,THEREFORE,BE IT RESOLVED that the 2012 street department budget(101-43121) within the City of Columbia Heights' General Fund be amended to utilize up to$50,000 of the balance committed for downtown parking maintenance by resolution 2010-138. RESOLUTION 2012-068 ADOPT RESOLUTION 2012-068 BEING A RESOLUTION ORDERING IMPROVEMENTS FOR CONCRETE ALLEY CONSTRUCTION BETWEEN JACKSON AND VAN BUREN ST. FROM 40TH AVE. TO 160 FEET NORTH OF 40TH AVE. WHEREAS,Resolution 2012-054 of the Columbia Heights City Council adopted the 14th day of May,2012 fixed a date for a Council hearing on the proposed improvement for concrete alley construction between Jackson and Van Buren Streets from 40th Avenue to 160 feet north of 40th Avenue; AND WHEREAS, ten days' mailed notice and two published notices of the hearing a week apart were given,and the hearing was held on the 29th day of May,2012, at which all persons desiring to be heard were given an opportunity to be heard thereon. WHEREAS,the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS,MINNESOTA: 1. That the location and extent of such improvements is as follows: CONCRETE ALLEY CONSTRUCTION Between Jackson and Van Buren Streets from 40th Avenue to 160' north of 40th Avenue Work includes stoi sewer construction, new granular sub-base(if needed),new aggregate base,new concrete alley with curb and gutter,new concrete alley apron,bituminous driveway,sod restoration,miscellaneous construction items,and appurtenances. 2. Such improvement is hereby ordered as proposed in the Council Resolution adopted this 29th day of May,2012. 3. Such improvement is necessary,cost-effective and feasible as detailed in the feasibility report. 4. These improvements shall also be known as Project 1111 and PIR: 2012-Z6-06-001 for Concrete Alley Construction,and 5. The City Engineer,Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. RESOLUTION 2012-067 ADOPT RESOLUTION 2012-067 BEING A RESOLUTION ORDERING IMPROVEMENTS FOR SIDEWALK CONSTRUCTION ON THE NORTH SIDE OF 43m AVE. BETWEEN QUINCY ST.AND CENTRAL AVE. WHEREAS, Resolution 2012-055 of the Columbia Heights City Council adopted the 14th day of May,2012 fixed a date for a Council hearing on the proposed improvement along the north side of 43`d Avenue between Quincy Street and Central Avenue. City Council Minutes Tuesday May 29,2012 Page 8 of 9 AND WHEREAS,ten days' mailed notice and two published notices of the hearing a week apart were given,and the hearing was held on the 29th day of May,2012,at which all persons desiring to be heard were given an opportunity to be heard thereon. WHEREAS,the Council determines to proceed with this local improvement,a portion of the cost being defrayed by special assessments under Charter provisions. NOW THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS,MINNESOTA: 1. That the location and extent of such improvements is as follows: Sidewalk Construction—North side of 43rd Avenue, approximately 255' east of Quincy Street to 240' west of Central Avenue. Work includes 5' wide concrete sidewalk with driveway apron and turf restoration. 2. Such improvement is necessary,cost-effective,and feasible as detailed in the Feasibility Report. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted this 29`h day of May,2012. 4. These improvements shall also be known as Project 1209 and PIR 2012-Z6-10-001. 5. The City Engineer,Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. RESOLUTION 2012-58 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code,Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by DMTE Enterprises(Hereinafter"License Holder"). Whereas,license holder is the legal owner of the real property located at 1124-26 45th Avenue N.E.,Columbia Heights, Minnesota, Whereas,pursuant to City Code,Chapter 5A,Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on April 26,2012 of an public hearing to be held on May 29,2012. Now, therefore, in accordance with the foregoing,and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on March 19,2012 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on April 26,2012 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on May 17, 2012 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office,the following conditions and violations of the City's Property Maintenance Code were found to exist,to-wit: shall allany missing storm windows,shall replace all/any broken windows, shall scrape and paint wherever there is peeling paint on the structure/siding,and shall repair the foundation block work that is damaged on the east side of the house 5. That all parties, including the License Holder and any occupants or tenants,have been given the appropriate notice of this hearing according to the provisions of the City Code,Chapter 5A,Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F11648 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2012-57 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8,Article II,of City Code, of the property owned by James Spensley (Hereinafter "Owner of Record"). City Council Minutes Tuesday May 29,2012 Page 9 of 9 Whereas,the owner of record is the legal owner of the real property located at 4201 Washington Street NE,Columbia Heights, Minnesota. And whereas,pursuant to Columbia Heights Code, Chapter 8,Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on May 22,2012. Now, therefore,in accordance with the foregoing,and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on May 21,2012 an inspection was conducted on the property listed above. Inspectors found violations. The Fire Chief ordered the property be abated immediately due to be ing unsecured. 2. That on May 22,2012 office staff sent a statement of cause that was mailed via regular mail to the owner listed in the property records. 3. That based upon said records of the Fire Department,the following conditions and violations of City Codes(s) were found to exist, to wit: the Police Department received a call about the home located at 4201 Washington Street being vacant and unsecured. After Police and Fire response it was dete,mined that the structure was a nuisance and the structure was boarded up and secured 4. That all parties,including the owner of record and any occupants or tenants,have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A)and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4201 Washington Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record,occupant,or tenant,as the case may be,have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4201 Washington Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. ORDINANCE NO. 1607 BEING AN ORDINANCE AMENDING CHAPTER 4,NOMINATIONS AND ELECTIONS, SECTIONS 33 AND 34 OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Section 1: Chapter 4, Sections 33 and 34 of the Charter of the City of Columbia Heights is herewith amended to read as follows: Section 33. WRITE-IN CANDIDATES. A write-in candidate who wants their write-in votes to be counted in the general election must file a written request with the City Clerk no later than seven(7) days before the general election. All write-in votes cast for candidates who have not filed a written request to have these votes counted shall be treated collectively as votes for a single candidate. Section 33. 34. CANVAS OF ELECTIONS. The council shall meet and canvas the election returns within seven days after any regular or special election,and shall make full declaration of the results as soon as possible, and file a statement thereof with the city clerk. This statement shall include: (a) the total number of good ballots cast; (b)the total number of spoiled or defective ballots; (c)the vote for each candidate,with an indication of those who were elected; (d)a true copy of the ballots used; (e)the names of the judges and clerks of election; and(f) such other information as may seem pertinent. The city clerk shall forthwith notify all persons elected of the fact of their election. (Ordinance No. 1597,passed on May 9,2011) Section 34. 35. PROCEDURE AT ELECTIONS.The conduct of elections shall be regulated by ordinance,subject to the provisions of this charter and of the General Laws of Minnesota. Section 2: This Ordinance shall be in full force and effect from and after ninety(90)days after its passage.