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�, REQUEST FOR COUNCIL ACTION Date: January 5,2004 Item: 4. A. Department Approval: Manager Reviewed: Agenda Section: �� Organizstional Business Item Description: Set Process to Declare Vacancy, Set Process to Fill Vacancy and Set Date for Special Election Background: On November 4, Councilmember Craig Klausing was elected to the Mayor's seat. When Mr. Klausing is svvorn in, his Council seat becomes vacant. Under MN Statute 412.02, the City is required to appoint a person to fill the vacancy until an election is held. Historically, when the City had a vacancy on the Council, the City Council accepted applications from people interested in serving as a councilmember. (A draft application form is attached, similar to ones used in previous years.) The sitting Council interviewed candidates at a special meeting and then appointed someone to fill the seat at the next Council meeting. On November 24, the City Council passed an ordinance calling for a special election to fill a vacancy when a councilmember is elected to and assumes an incompatible office if more than six months remains in the unexpired term. The special election shall be held as soon after the vacancy is declared as is practical under state law. Because of publishing requirements, the availability of ten polling places, filing schedules, printing ballots and allowing time for absentee voting, a March or April election is the earliest practical. April 6 is Passover and April 11 is Easter Sunday, making Tuesday, April 6 and 13 impractical. City staff contacted the polling places about availability on March 23, and 30 and April 20 and 27. All precincts are available for an April 20 election. Precinct l, the City's largest precinct, is not available April 27. Precinct 5, Fairview Community Center, is doing extensive floor repair, so is not available on either March date. Council Action Requested: Review, amend and adopt the attached resolutions to (1) declare the City Council seat currently held by Craig Klausing to be vacant (2) establish a process and timeline to appoint someone to fill the vacancy and (3) establish a timeline to hold a special election.