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Y LAKE ELMO CITY COUNCIL MINUTES 11-7-811 PAGE 3 M/S/P Mazzara/Dunn - That the City accept the bond amount of $300 if someone in the City is so inclined to request a recount. (Motion carried 2-0-2 <Eder> <Morgan>). Mr. Robert Peterson, a Lake Elmo resident, stated that his understanding from people that he has talked to, was that there were over 300 ballots thrown out because the voter used a pen to vote instead of the stylus that was provided, and feels that if this is true, we should have a re -vote in Lake Elmo. The Administrator stated that the black marking pen that was used by some of the voters did not punch the tab out. However, when you looked at the ballot you could clearly see how the voter intended to vote because of the ink mark. The staff talked to the County and asked what was proper way to handle these votes. The County responded that the ballots could be remade as the intention of the voter was clearly visible and known. Therefore, all ballots that had a black ink spot on them instead of being actually punched thru were remade at the County. Mr.. Peterson questioned whether or not this was legal. Iie knows of cases where some of the ballots were thrown out. The Administrator stated that the County advised us of the procedures, and they indicated that those ballots could be remade (and there was only 20 of them). The 300 figure referred to, is the number of voters that chose not to cast a ballot for the mayor or city council race. Mazzara asked for clarification as to how the twenty cards were remade. Did they punch the hole where the black mark was, or dial they make up a new ballot. The Administrator stated he was not sure if the black holes were punched out, but thought that a new ballot was made. Sandy Nazarian asked if the twenty ballots that were remade were inclusive in the twenty-nine ballots that were damaged, or was this over and above the twenty-nine damaged. The Administrator stated that the twenty-nine damaged ballots included the ballots with the black dots on them. 6. City Engineer' Report A. Public Hearing for consideration of proposed City Ordinance 7964, amending the Surface Water'Use Ordinance, in conformance with R84-44. Pursuant to published notice, this public hearing was opened at 7:38 p.m. in the Council chambers. The Administrator stated that earlier this summer, the City Council. adopted a Resolution restricting boating activities on Lakes Olson, DeMontreville and Jane during periods of high water. The original