02-10-2025 CC Agenda Packet - Laserfiche WebLink

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AGENDA ITEM Date: February 10, 2025 Title: Call for a Special Election - Resolution 7554 Presenter: Christine Lusian, City Clerk Section: City Administrator/Engineer Report Purpose: The purpose of this item is to call a special election to fill vacancy on council Item: 13 2. Background: The City Council accepted the resignation of Councilmember Matt Johnson on November 12, 2024. More than two years remained in Mr. Johnson's four-year term at the time the Council accepted his resignation. State law requires that the vacant seat must be temporarily filled by Council appointment until a special election is held to fill the vacancy. (exhibit A Minn. Stat. § 412.02) On November 25, the Council considered a motion to appoint Claire Berrett to fill the vacancy created by Mr. Johnson's resignation. The motion failed on a tied 2-2 vote. Mayor Walsh, acting pursuant to Minn. Stat. § 412.02, subd. 2a, appointed Ms. Berrett to fill the vacancy. (exhibit B Meeting Minutes) Because the seat was vacated with more than two years remaining in the four- year term, the City must hold a special election for the council seat at or before the next regular city election. State law also requires the City to "specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special election at the same time as the regular city election." At the time of the appointment the city did not have a special election ordinance. The next general election is in November of 2026. The Council discussed in a work session on January 27 the need to hold a special election (whether before or at the next regular city election) and the possible adoption of an ordinance that would provide for holding a special election as soon as possible and prior to the next regular city election. After discussion, a majority of members agreed to consider this special election resolution at their February 10 city council regular meeting. A draft resolution is at Exhibit C. 3. Cost: To hold a special election, at a time other than a general election, staff estimates the cost to be around $21,000. Since this is not a budgeted item staff would recommend using the special project contingency fund to offset the costs. If a special election in conjunction with the regular election, the election services would already be budgeted for and costs shared with the county and state. 4. Process: To hold a Special election the City must adopt a resolution calling for one. If calling a special election at a time other than the next regular election the city must have a special election ordinance. Special elections must be held on one of the states uniform election dates which are: • The second Tuesday in February. • The second Tuesday in April. 65