A Special Meeting of the City Council was held commencing at 4:00 p.m. on the
20th day of September, 1984, with Mayor Herbert Mocol presiding. Councilmembers
Stan Christ, Lloyd Hagemann,, Mary Lofy, Bruce Smith, Arline Brown, the City
Attorney Michael McCauley and Secretary to the Council Carla Raberge were present.
Mayor Mocol stated that a quorum was present, and that this was the canvassing
board.
Mayor Mocol explained that the canvassing board was reconvening pursuant to
written notice to the Councilmembers in order to canvass the votes from the re-
count of the Primary Election for Councilperson At-Large position.
Mr. McCauley explained that a letter had been received from the County
Auditor, indicating that there had been one precinct which had shown 27 ballot
cards to be defective. He explained that these 27 cards had not been processed on
the night of the Primary Election because each was defective as to the State
Primary because of cross over votes. He stated that the Election Judges had
determined that these ballot cards were then defective, and in error placed them
in the "defective ballot card" envelope, rather than the "to be re-made at the
Counting Center" envelope, so the municipal primary votes had not been tabulated.
He explained that the party cross-over ballots had been re-made for the municipal
election for the other precincts where the ballot cards were labeled defective.
Mr. McCauley then explained that a computer test had been done that day for the
re-count, and the ballot cards for all precincts had then been run. He explained
that after all the precincts had been tabulated, the 27 ballot cards from Precinct
13 had been run. He explained that the absentee ballots had then been counted and
tabulated.
Mr. McCauley explained that a candidate could challenge a ballot during the
re-count, and that this in fact had been done. He stated that he would open the
"challenged ballot" envelope, and the canvassing board would then examine the
ballot and hear the arguments pertaining to it. He stated that the Council would
then determine whether or not the ballot should be counted as a vote for a
particular individual.
Mr. McCauley explained that Mr. Brady had challenged an absentee ballot
because the ballot had identifying marks, and the intent of the voter could not
reasonably be determined. He explained that it was the general principle of the
courts that the voter not be disinfranchised if his intent could reasonably and
clearly ascertained. He further explained that mere irregularities do not count,
such as scratches, loose marks, or underlining. He further explained that if the
voter writes his name on the ballot, the vote cannot be counted. Mr. McCauley
explained that the Council would have to determine if the marks on the ballot were
identifying marks, if the intent of the voter could clearly and reasonably be
determined, and whether or not the voter had attempted to write his own name on
the ballot. Mayor Mocol asked if the reasons for the challenge were to be written
on the back of the ballot. Mr. McCauley replied yes, explaining that this was
required.
Kathleen Sheran, 117 West Glencrest, appeared before the Council stating that
the outcome of the election would not be changed overall by the one challenged
ballot. She explained that the opportunity of the person to vote is significant,
and determining the validity of the ballot in question was an important decision.
She stated that she appreciated the way the challenged ballot was presented. Ms.
Sheran further stated that the Council must
City Council Meeting - 9/20/84
Minutes - Page 2
determine the voters intent. She questioned whether the scribbling on the ballot
would identify the ballot, and should this take away that person's right to vote.
She stated that it might be easier to say that one vote would not make a
difference to the outcome of the election.
Mrs. Brown asked what was meant by identifying marks. Mr. McCauley stated
that if something is extraneous but purposefully put on the ballot, that person
could say that that ballot was theirs. He explained that the theory behind this
is that the secrecy of the vote is sacred, and if the ballot is marked, it is
doing violence to the secret ballots. He stated that for the most part, courts
tend to throw the challenge regarding identifying marks out if they can. He
stated that for the most part, there is not a great deal of guidance provided for
this. Mrs. Lofy stated that the critical point seemed to be the intent on the
part of the voter. Mrs. Brown stated that she thought the intent of the voter was
clear. Mr. McCauley then explained that Subdivision 5, Section 204C.22 of the
Minnesota Statutes indicated that if a ballot had a name written on it, the ballot
would be void. He stated that if the marks were to be viewed as identifying
marks, it has been the pre-disposition of the courts to allow marks. Mayor Mocol
stated that he would feel badly about disenfranchising someone.
Mr. Smith moved to accept the challenged absentee ballot as a vote for
Kathleen Sheran for the office of Councilmember At-Large. Mrs. Lofy seconded the
motion. Mr. Hagemann, Mrs. Lofy, Mr. Smith and Mayor Mocol voted aye. Mr. Christ
and Mrs. Brown voted nay. The motion carried.
Mr. Hagemann then moved to approve the results of the re-count of the Primary
Election for the office of Councilperson At-Large, with 1,390 votes for Francis X.
Brady, 1,513 votes for Paul V. Meyer, and 1,395 votes for Kathleen Sheran. Mrs.
Brown seconded the motion, all voting aye, the motion carried.
Mayor Mocol stated that these figures would become a part of the permanent
record.
There being no further business, the meeting was adjourned at 4:26 p.m.
Minutes Approved.
.##/#.i######- ## #' . --.#--#.#______
#erbe# Moco|
Mayor
Attest:
/-| !#
\# .###_#.'-.-##.##_#-#.<.-#.# ________
Carla S. Raberge
Secretary to the Council
Pursuant to our canvas of the recount of votes received in the Primary
Election for the office of Councilmember At-Large, held on September 11,
1984, we do hereby certify the attached results of such election as set forth
by the City Clerk acting as the recount official for said recount of votes
for the office of Councilmember At-Large.
Witness our official signatures at the City of Mankato in said Blue
Earth County this 21st day of September, 1984.
______/#_#.##- # - ##__________
#ayor Member of City" Counc#l#
_____
#'#i##.##____________
-_--. .
______________________________________
Membe#/of City Co##cil Member of City Council
Member of City Council
. '-.#.
.'#.. ./-. ##_
##_______
___#__#]#.'-#'___''##__.__._ ##.'.#
City Clerk
STATE OF MINNESOTA
County of Blue Earth
I, Carla S. Raberge, City Clerk within and for said City, do hereby certify
the attached to be the correct and true results of the recount performed by
me of the votes cast in the Primary Election for the office of Councilperson
At-Large, held in said City, on the llth day of September, 1984.
Witness my hand and official seal of said office at the County Seat in said
County this 21st day of September, 1984.###
______
#___##''###.. . # ###-#.#-'___ Carla S.
Raberge
City Clerk
SUMMARY
CITY OF MANKATO RECOUNT
FOR COUNCILPERSON AT-LARGE
CONDUCTED ON SEPTEMBER 21, 1984
OFFICE OF COUNCILPERSON AT-LARGE
PRECINCT FRANCIS X. BRADY PAUL V. MEYER KATHLEEN SHERAN
Precinct 1 8 2 8
Precinct 2 1 0 0
Precinct 3 0 0 0
Precinct 4 42 30 16
Precinct 5 168 164 208
Precinct 6 141 109 105
Precinct 7 83 80 94
Precinct 8 111 114 139
Precinct 9 61 110 104
Precinct 10 84 117 84
Precinct 11 92 120 123
Precinct 12 10 15 12
Precinct 13 67 82 76
Precinct 14 203 275 140
Precinct 15 90 41 61
Precinct 16 105 116 79
Precinct 17 1 3 1
Precinct 18 86 98 80
Precinct 19 22 31 36
Precinct 20 15 6 28
TOTAL: 1,390 1,513 1,394
Challenged ballot:
GRAND TOTAL:
I, Carla S. Raberge, City Clerk of the City of Mankato, certify the above
totals as correct for PrecinctS 1 through 20.
Dated this 21st day of September, 1984. . )
___
________________________ Carla S. Raberge,
City Clerk
AGENDA - REGULAR MEETING, MONDAY, SEPTEMBER 24, 1984 7:00 P.M.
************************************************
Any person speaking to the Council shall give
to the Secretary of the Council the NAME and HOME ADDRESS of
such person prior to speaking.
************************************************
1. Call to Order.
2. Roll Call.
3. Approval of Agenda.
4. a. Approval of Minutes of Regular Meeting of September 10, 1984 b. Approval
of Minutes of Special Meeting of September 13, 1984.
5. City Manager's Report.
1. Resolution authorizing City Manager to enter into a non-encroachment
agreement with Mn/DOT for the construction of the Pike Street extension.
2. Resolution authorizing City Manager to enter into an Agency Agreement
with Mn/DOT for the construction of the Pike Street extension.
3. Resolution levying deferred assessment by Project Number 79046, North
Second Street.
4. Resolution adopting final assessments on Project Number 81310, North
Front Street reconstruction.
5. Resolution authorizing City Manager to enter into agreement with the
Mn/DOT Division of Aeronautics for rotating beacon maintenance program
at Mankato Municipal Airport.
6. Request of Mankato Area Arts Council for waiver of fees for use of the
bandshell for the Performing Arts Festival on Sunday, September 30,
1984.
7. Resolution authorizing City Manager to enter into agreement with Mn/DOT
for maintenance, operation and electrical energy for signal and street
lights in connection with Veteran's Memorial Bridge.
8. a. Resolution determining sufficiency of petition, filed pursuant to
429.031, Subd. 3, and ordering Improvement Number 84021, alley
reconstruction from Main to Mulberry Streets between Second and
Broad Streets.
b. Resolution declaring costs to be assessed and ordering preparation
of proposed assessment for Improvement Number 84021, and calling
for hearing on October 22, 1984.
6. Reports of Council Members.
City Council Meeting - 9/24/84
Agenda - Page 2
7. Hearings.
1. Re-set date of hearing for October 1, 1984 for 1985 Budget.
2. Re-set date of hearing for October 1, 1984 for Revenue Sharing. 8.
Bids.
1. Consideration of bids for Project Number 82044, Rasmussen Park. (tabled
at 9/10/84 meeting).
2. Consideration of bids for Project Number 84028, reconstruction of the
alley from Main Street to Mulberry Street between Second and Broad.
9. Planning Commission.
1. Preliminary and final plat approval of RLS #105 - National Poly
Products, Inc.
10. Traffic & Safety.
1. Resolution designating no parking on the west side of Kennedy Street,
beginning 260 feet north of Main Street and continuing north 90 feet.
2. Resolution designating no parking on either side of Park Lane beginning
105 feet west of Sibley Street and continuing west 65 feet on the south
side and 110 feet on the north side.
3. Resolution designating no parking on west side of Broad Street beginning
115 feet north of Main Street and continuing north to Mulberry Street.
4. Curbcut requests of the following:
a. Ramy Seed Company at 1229 North Front Street.
b. Fred Gruhlke at 111 Locust Street.
5. Resolution designating truck traffic on 5th, 6th, 7th and 8th Avenues
from Lind to Cleveland Streets, and Lind Street beginning 175 feet east
of 5th Avenue to 8th Avenue, and removing the 5 ton weight limit on Lind
Street from 3rd Avenue to 8th Avenue.
6. Report on Balcerzak and Pohl Road.
7. Report on Caledonia and Hope Street.
8. Report on signal flashing.
11. Variance Requests.
1. Request of Bethlehem Lutheran Church, 720 South Second Street, for a
variance to increase a church bulletin board sign to 45 square feet.
(recommended denial by Zoning Administrator).
2. Request of Thomas Jaeger, 214 Thompson Street, for a variance to reduce
the rear yard setback to 5 feet and to exceed the lot area for the
purpose of a lOx21 deck and storage room.
City Council Meeting - 9/24/84
Agenda - Page 3
12. Ordinances.
1. Hearing on an Ordinance amending Section 5.47 of the City Code relating
to explosives.
2. Hearing on an Ordinance amending Sections 3.30, 3.31 and 3.71 of the
City Code and creating Section 3.29 of the City Code relating to
wastewater treatment charges and prohibited acts.
3. Hearing on an Ordinance creating Section 4.035 of the City Code
regarding automatic nonintoxicating malt liquor license.
13. Licenses.
1. Application of Ervin Pietan and Patrick Rasmussen for the transfer of
the following licenses from Doris Arnesen, d/b/a Oleander Saloon, 701
North Front Street:
a. Soft Drink license.
b. Tobacco license.
c. On-Sale Intoxicating Liquor license.
d. Sunday On-Sale Intoxicating Liquor license.
2. Application of Tony Chalhoub, d/b/a Meray's of Mankato, 115 East Hickory
Street, for the following licenses:
a. Soft Drink license
b. Tobacco License
c. On-Sale Intoxicating Liquor license.
d. Sunday On-Sale Intoxicating Liquor license.
3. Application of Richard Schneider and Donald Gieseke for encroachment in
the right-of-way, Lot 9, Block 8, Germania Park Addition.
4. Application of Thomas Tacheny, d/b/a Loyola-Fitzgerald Catholic Schools,
for an annual gambling license for gambling operations to be conducted
at Fitzgerald Middle School, 110 North Fifth Street, and Loyola High
School, Good Counsel Drive.
5. Application of Mary A. Mudra, d/b/a Winona Knitting Mills Factory
Outlet, for a Peddler's license for a sale to be held at the National
Guard Armory from November 24 through November 25, 1984.
6. Application of James Hulwi, d/b/a Cheers, for a Liquor Establishment
Dance License at 1030 Madison Avenue.
7. Application of Tim Lembke for a Soft Drink license for 314 Cherry Street
(rental property).
14. Miscellaneous Business.
15. Adjournment.
MINUTES OF THE MANKATO CITY COUNCIL
Web weaver: Internet Connections, Inc.