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12-04-00 agendasCITY OF RICHFIELD, MINNESOTA SPECIAL CITY COUNCIL MEETING MONDAY, DECEMBER 4, 2000 6:00 P.M. COUNCIL CHAMBERS 6700 PORTLAND AVENUE AGENDA Call to order Roll call 1. Consideration of resolution determining results of election recount for Council Member Ward Two, Precincts 2, 6 and 7, held on November 29, 2000 Staff Report No. 306 9 Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 861-9702. 0 AGENDA ITEM # j REPORT # 306 REPORT PREPARED BY: NAME, TITLE • REPORT PRESENTER: STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR TIE :;44.;4 DEPARTMENT DIRECTOR REVIEW: ? SIGNATURE REVIEWED BY CITY MANAGER: v - ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution determining results of an election recount for the office of Council Member Ward 2, Precincts 2, 6 and 7, held on November 29, 2000. RECOMMENDED ACTION: By Motion: Adopt the resolution determining the election recount results of November 29, 2000 for Ward 2 Council Member. w III. BACKGROUND The City General Election was conducted on Tuesday, November 7, 2000 and certified on November 13, 2000. The vote difference between the two candidates for the Ward 2 City Council race was less than 1 %. Under such a scenario, Minnesota Statutes provide that the losing candidate request an automatic recount. The cost of this recount is to be paid by the City. A written request was received by staff from the losing candidate, Larry Wozniczka on November 20, 2000. Pursuant to Minnesota Rules a recount was scheduled within 24 hours and subsequently conducted on November 29, 2000. The results of the election on November 7 show that Gertrude Ulrich received 2737 votes and Larry Wozniczka received 2698 votes with a margin of 39 votes. The STAFF REPORT CITY COUNCIL MEETING DECEMBER 4, 2000 1204RE000NT results of the recount show that Gertrude Ulrich received 2736 votes and Larry Wozniczka received 2695 with a margin of 41 votes. Thus, Gertrude Ulrich remains the winner of the Ward 2 City Council seat after the recount. The attached resolution contains the detailed recount results for the Ward 2 City Council race. III. BASIS OF RECOMMENDATION A. POLICY City staff followed State Statutes °-and -the Minnesota-Rules in the conduct of this recount. The City Council serves as the official canvassing board. B. CRITICAL ISSUES The City Council must take action on this recount on December 4, 2000. C. FINANCIAL • An automatic recount for Ward 2 City Council Member is necessary and paid for by the City. • Staff is compiling the cost of doing a recount. It is anticipated that costs will range from $1000 to $1500. D. LEGAL • The margin of difference in the Ward 2 Council Member race was less than 1 % of the 5500 approximate ballots that were cast. This situation provides for an automatic recount if requested by the losing candidate. • Minnesota Statutes provide that any candidate who requests a recount of votes must do so no later than seven days after the canvassing of the election. • City Charter Section 4.07 provides that the City Council declare the results of the election. IV. ALTERNATIVE RECOMMENDATION(S) N/A V. ATTACHMENTS • Resolution determining the results of the election recount held on November 29, 2000. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. RESOLUTION DETERMINING RESULTS OF THE ELECTION RECOUNT FOR WARD 2 COUNCIL MEMBER OF THE CITY OF RICHFIELD CONDUCTED ON NOVEMBER 29, 2000 BE IT RESOLVED by the City Council of the City of Richfield that the Council, having received and considered the tally of votes by the election division of the election recount held November 29, 2000, the results are determined to be as follows: Council Member Ward 2 (Four Year Term) Votes cast for: Precinct 2 Precinct 6 Precinct 7 Total Gertrude Ulrich 960 796 980 2736 Larry Wozniczka 936 633 1126 2695 Blank Ballots 513 278 382 1173 Write in Candidates 11 10 7 28 Defective Ballots 5 2 2 9 Challenged Ballots 0 0 0 0 0 Total ballots counted in this ward: 6641 BE IT FURTHER RESOLVED that the following Election Division staff members were those certifying the election recount: Steven Devich Nancy Gibbs Cheryl Krumholz John Dean Sally Morton John Holter Doris Swanson Deborah Guiher PASSED by the City Council of Richfield, Minnesota this 4th day of December, 2000. Martin J. Kirsch, Mayor ATTEST: Deborah J. Guiher, Deputy City Clerk • CITY OF RICHFIELD SPECIAL CITY COUNCIL MEETING MONDAY, DECEMBER 4, 2000 7:00 P.M. COUNCIL CHAMBERS 6700 PORTLAND AVENUE AGENDA Call to order Roll call 1. Truth in taxation public hearing regarding 2001 property tax levy and 2000 revised/2001 proposed budget and proposed 2001 water, wastewater, storm sewer utility rates Staff Report No. 307 0 Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 612-861-9702. AGENDA ITEM # I REPORT # 307 -0 REPORT PREPARED BY: REPORT PRESENTER: CHRIS REGIS; FINANCE=MANAGER DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER NAME, TITLE STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR N ,TITLE SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Conduct a truth in taxation public hearing regarding the 2001 property tax levy and 2000 Revised/2001 Proposed budget and proposed 2001 water, wastewater and storm sewer utility rates. L RECOMMENDED ACTION: Conduct and close the truth in taxation public hearing and by motion: schedule final action on the levy and budget items and utility rates for the regular City Council meeting of December 11, 2000. A II. BACKGROUND At the September 11, 2000 City Council meeting the City Council adopted the 2001 proposed property tax levy and selected December 4, 2000 as the date for the statutory truth in taxation public hearing. Hennepin County has mailed the proposed 2001 property tax statements to property owners in Richfield which are based upon the proposed levy and announce the date of the public hearing. III. BASIS OF RECOMMENDATION STAFF REPORT CITY COUNCIL MEETING DECEMBER 4, 2000 12042000TNT A. POLICY • Minnesota Statute mandates the truth in taxation public hearing which must be conducted on December 4, 2000. • All publications and notifications have been made pursuant to law. • If the public hearing is concluded on December 4, it would be desirable to schedule the final adoption action on December 11, 2000 to allow ample time to conclude the truth in taxation process prior to the deadline of December 27, 2000. • If the public testimony cannot be concluded on December 4, 2000, the hearing must continue to December 11, 2000: B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • The official adoption of the final levy and budget cannot occur at the initial TNT hearing or at the continuation hearing, if one is held. A subsequent meeting is required for adoption. • The subsequent meeting for official adoption, must be held at least one day after the initial TNT hearing or, if a continuation hearing is held, either immediately after the continuation hearing or on a date following the continuation hearing. A subsequent meeting may be held at a regularly scheduled Council meeting or a Special Council meeting, but must be completed by December 27, 2000. IV. ALTERNATIVE RECOMMENDATION(S) I • None with respect to conducting the public hearing, as it is mandated by state law. • If a continuation hearing is necessary then the final action on the levy must be postponed until after the December 11, 2000 continuation hearing. Final action could then be taken at the December 11 Regular City Council meeting. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING I • None.