7. Discussion Regarding Council Seat Vacancy
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone 952.227 1100
Fax 952.227 1110
Building Inspections
Phone 952.227 1180
Fax 952.227 1190
Engineering
Phone: 952.227 1160
Fax: 952.2271170
Finance
Phone: 952.2271140
Fax 952.2271110
Park & Recreation
Phone: 952.227 1120
Fax 952.2271110
Recreation Center
2310 Coulter Boulevard
Phone 952.2271400
Fax 952.2271404
Planning &
Natural Resources
Phone 952.2271130
Fax: 952.2271110
Public Works
1591 Park Road
Phone 952.2271300
Fax 952.2271310
Senior Center
Phone: 952.2271125
Fax 952.2271110
Web Site
www.ci.chanhassen.mn.us
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MEMORANDUM
TO:
Mayor & City Council
FROM:
Todd Gerhardt, City Manager
DA TE:
August 3, 2006
SUBJ:
Discussion Regarding Council Seat Vacancy
BACKGROUND
On July 24,2006, Council Member Steve Labatt announced his resignation
effective August 1,2006. The basis for his resignation is that he would be
moving out of the city limits of Chanhassen. The City Council requested that staff
prepare a report outlining the next steps and potential options in filling the vacant
council seat.
OPTIONS
1. The City Council is not required to fill the vacancy.
2. If the Council chooses to fill the vacancy, we could advertise as we have
done in the past; similar to our Commission vacancies. Then, it would be
a simple majority vote of the' City Council. In case of a tie vote, the Mayor
shall make the appointment.
3. There is no need for a Special Election because there is less than two years
remaming in Council Member Labatt's term.
Staff would recommend not filling the vacancy at this time because we are so
close to the regular city election. In looking at a timeframe, by the time we
interview and make a selection, it would be October and that individual would
only attend at most two meetings. Staff also looked at our future agenda item
calendar and none of the items listed would require a 4/Sth vote. Based on this
information, staff is recommending not filling the vacancy at this time.
ATTACHMENT
1. Minnesota Statute on City Council Seat Vacancy
The City of Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Page 1 of 2
Gerhardt, Todd
From: Roger Knutson [RKnutson@ck-law.com]
Sent: Monday, July 24,20068:01 AM
To: Gerhardt, Todd
Subject: RE: moving
M.S. 412.02subd. 2a. Vacancy. Except as otherwise provided in
subdivision 2b, a vacancy in an office shall be filled by
council appointment until an election is held as provided in
this subdivision. In case of a tie vote in the council, the
mayor shall make the appointment. If the vacancy occurs before
the first day to file affidavits of candidacy for the next
regular city election and more than two years remain in the
unexpired term, a special election shall be held at or before
the next regular city election and the appointed person shall
serve until the qualification of a successor elected at a
special election to fill the unexpired portion of the term. If
the vacancy occurs on or after the first day to file affidavits
of candidacy for the regular city election or when less than two
years remain in the unexpired term, there need not be a special
election to fill the vacancy and the appointed person shall
serve until the qualification of a successor. The council must
specify by ordinance under what circumstances it will hold a
special election to fill a vacancy other than a special election
held at the same time as the regular city election.