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HomeMy WebLinkAboutNov 9, 1977OFFICIAL PROCEEDINGS SPECIAL MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA NOVEMBER 9, 1977 The Meeting was called to order at 7:06 p.m. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki--present Motion by Norberg, Seconded by Heintz to name Karen DeBruin secretary for the meeting. Roll Call: All Ayes STATEMENT OF PURPOSE OF MEETING Mayor Nawrocki noted that the purpose of the meeting was to handle the items as listed on the agenda. CANVASSING ELECTION RESULTS Interim City Manager Stuart Anderson noted that each Councilmember had received a copy of the breakdown of election results. RESOLUTION 77-69 CANVASSING MUNICIPAL GENERAL ELECTION RETURNS WHEREAS, the City of Columbia Heights did, on the 8th day of November, 1977, conduct and hold a General Municipal Election for the purpose of electing a Mayor and two members fo~ the Council, and WHEREAS, the City Council of the City of Columbia Heights at a special meeting of said Council, held on the 9th day of November, 1977, did canvass the returns and results of said General Municipal Election; and WHEREAS, the following results were determined by said canvass of said General Municipal Election, to wit: Total Ballots Cast in Election 3,441 Valid Votes Cast for Mayor Non-Voted Ballots for Mayor Valid Votes Cast for Council Non-Voted Ballots for Council VOTES FOR MAYOR Bruce G. Nawrocki Gayle R. Norberg Write-Ins - various names VOTES FOR COUNCIL Stanley G. Stachel E. "Sebe" Heintz Walter S. Logacz Write Ins - various names 3,349 90 3,439 6,230 654 6,884 1,689 1,655 5 1,661 2,498 2,059 12 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that Bruce G. Nawrocki is hereby elected Mayor, and E. "Sebe" Heintz and Walter S. Logacz are hereby elected members to the City Council, assuming said office on January 1, 1978, and being officially seated at the first regular meeting of the City Council in 1978. November 9, 1977 Resolution Offered by Logacz, Seconded by Hentges A gentleman in the audience asked the Mayor if it was possible for the Council to institute a re-count of the ballots, due to the closeness of the mayor's race. Mayor Nawrocki asked what the reason for the recount would be. The gentleman noted that ninety ballots hadn't been counted in the mayor's race category. Mayor Nawrocki replied that having ninety non-voted ballots would not be unusual. A lady in the audience stated that the reason for the recount would be the close- ness of the outcome. The Mayor asked her if she had reason to suspect errors or fraud, stating that these are possible reasons to request a recount. Councilman Logacz pointed out that, as a board, the Council is required to certify election results after an election. The votes could be recounted after certifica- tion, if this was desired. Councilman Heintz asked if it would be possible for the Council to do a recount. Attorney Kalina stated that the Council was acting as a canvassing board as a formality, and a canvassing boaud can't go into sealed ballot boxes. Councilman Heintz asked if the Council could initiate a recount. Attorney Kalina replied that if the Council feels there is something wrong with the way the ballots were counted, the conduct of the election, etc., a recount could be requested. He also stated that any candidate has the same power. Councilman Norberg stated that there had been thirty four votes difference between himself a~d his opponent, Bruce Nawrocki, who had won the election. He further stated that there were ninety ballots listed as non-voted in the mayoral race. He said one of the elevation judges noted that some of the ballots had holes punched in the wrong row. He stated this indicated that it is possible to execute the ballot improperly. He explained that the number of uncounted ballots was nearly three times the number of the difference in the two vote totals. A lady in the audience questioned exactly what the ninety uncounted ballots were. Interim City Manager Anderson explained that there were ninety blank ballots in the mayor's category. Councilman Norberg interjected that the hold punched in the card intended as a vote for either himself or Nawrocki may have gone in the wrong place due to the balloting card not being properly seated in the voting machine. The computer that counted the votes would not register a punch in the wrong place as a vote. Councilman ]~ogacz pointed out that there were 654 non-voted ballots in this year's Council race and the only thing unusual about the ninety n~n-voted ballots in the mayor's race is that there were not more. Councilman Hentges asked who voSded the ninety ballots that weren't counted. Mr. Anderson replied that they were not counted by the computer because there was no punch in the mayor's section of the card. November 9, 1977 Councilman Norberg noted that to say that the computer didn't count those cards is not the same as saying those cards weren't voted on, since the hole may have been punched in the wrong place. Mr. Anderson reiterated that, on those ninety cards, there were no holes punched in the spots designated for mayor. Motion by Norberg that the Council authorize a recount. Mayor Nawrocki noted that this motion was technically out of order, as the question of the resolution was still before the Council. Councilman Norberg withdrew his motion. Roll Call on Resolution: Ail Ayes Motion by Norberg, Seconded by Hentges that the City Council direct the City Attorney to take the steps necessary to secure a recount of the mayor's race to determine the possible effect of the ninety uncounted ballots. Discussion continued along the same lines as it had before the roll call on the resolution. Councilman Hentges asked about the process used when a recount is done and this was explained by Attorney Kalina. Councilman Norberg pointed out that it was not an expensive process. Councilman Logacz stated that he would not support Councilman Norberg's motion as he had not heard any evidence ~'hat would justify a recount. Councilman Heintz asked Attorney Kalina if, based on information presented this evening, there was sufficient reason to request a recount. The Attorney stated that there didn't seem to be anything to warrant it. Councilman Norberg explained how the ninety ballots could be examined to see if a vote had actually been cast for mayor, even though the punch had not been placed in the specified location. Mayor Nawrocki asked how anyone could judge what the voter actually intended when the punch was made. Councilman Heintz agreed that there was no way of proving who the voter was intending to vote for, or if he was intending to vote in that category at all. Councilman Norberg stated that in some cases it would be possible to judge this. Mayor Nawrocki asked what the determination would be if the ninety ballots were examined and it was found that there were punches in the wrong places. Attorney Kalina replied that they would most likely be considered spoiled ballots, and this would not affect the outcome of the election. Roll Call on motion to request recount~ Norberg--aye Logacz, Heintz, Hentges, Nawrocki--nay Motion fails. November 9, 1977 Mr. games McNeil was at the meeting to receive a plaque in appreciation of the twenty years be has served on the Columbia Heights Police Reserve unit. The plaque was presemted by Mayor Nawrocki who noted that there were other members of the reserve celebrating anniversaries of service. They are as follows: Gordon Strand - twenty years; Howard Cnmmings and Norbert Stachowski - ten years; Donald Haller and Stanley Tomscak - five years. Recess: 8:33 p.m. Reconvene: 8:47 p.m. RESOLUTION ON WASTE WATER RESTRICTIONS Motion by Hentges, Seconded by Norberg to table consideration of this resolution. Roll Call: All Ayes PLANNING AND ZONING COmmISSION RECO~[ENDATION: MR. GLEN DEXTER, 4216 VANBUREN STREET REQUEST FOR VARIANCE Motion by Hentges, Seconded by Logacz to grant the variance request of Glen Dexter, 4216 VanBuren Street for an addition and remodeling, based on the recommendation of the Planning and Zoning Commission. Councilman Norberg asked the basis for the variance. Attorney Kalina replied that the remodeling would improve the safety of the structure. There was some discussion on this reason and how it could be applied to other requests for variances. Councilman Norberg asked Attorney Kalina to point out to the Planning Commission that the variance must be directed to the specific hardship, instead of using any hardship to obtain a variance. Roll Call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--abstain INSURANCE SETTLEMENT Mr. Anderson noted that the Kemp~r Insurance Company has agreed to pay the City $2,861 for the property damage settlement of the police car accident November 2, 1977. Motion by Hentges, Seconded by Logacz to authorize the Mayor and City Manager to sign the release required to obtain the payment from Kemper Insurance Company for the police car accident November 2, 1977. Roll Call: All Ayes COUNCIL SECRETARY APPOINTMENT Motion by Heintz, Seconded by Logacz to name Laurie Houk as Council Secretary and to set her salary at $800 per month, said salary to be subject to any cost of living increase granted to non-union personnel, and that after her six month probationary period, there be a performance review and at that time a salary range be set. There was a short discussion on Mrs. Houk's qualifications. Mr. Anderson noted that he was recommending her for the position. Roll Call: All Ayes November 9, 1977 Motion by Heintz, Seconded by Logacz to adjourn at 9:22 p.m. Roll Call: All Ayes Bruce G. Nawrocki, Mayor Secretary