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City Council Minutes Page 4 December 3,2012 8.1 Resolution Accepting Councilmember Resignation and Declaring a Vacancy • Mr.Portner presented the staff report. He noted the resolution in the staff report had an incorrect date of January 7,2013,and if the Council chose to approve the resolution accepting Councilmember Zerwas'resignation that the resolution be amended to reflect an effective date of January 8,2013. He asked the Council to also determine how to fill the Council vacancy. Councilmember Motin thought City Attorney Peter Beck had advised the Council they couldn't take any action on filling the vacant seat until after the seat was vacated. Mr. Portner stated the Council wouldn't be able to fill the vacant seat until after January 8, but the Council could discuss this evening how the appointment process could work,if they wanted to hold a special election or appoint someone to the open seat. No formal action could be taken until the vacancy's effective date. Councilmember Zerwas stated the appointment process should begin soon so his seat doesn't remain vacant for an extended period of time.If the Council chose to hold a special election,someone would still have to be appointed to his seat in the interim until the special election is held. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE RESOLUTION#12-68 ACCEPTING COUNCILMEMBER ZERWAS'RESIGNATION AS ELK RIVER CITY COUNCILMEMBER EFFECTIVE JANUARY 8,2013,AND DECLARE A VACANCY ON THE CITY COUNCIL. MOTION CARRIED 5-0. Mayor Dietz was not in favor of a special election due to the cost and time,and he felt the methodology that Mr. Portner presented would be effective: the Council would interview all applicants and narrow them down to two;a postcard would then be mailed to all registered voters in Ward 1 to establish a date for a candidate forum,allowing residents to interview the candidates and express their thoughts to the Council;Council would then discuss their choices in a replacement.He emphasized he wasn't taking away residents'right to vote but felt this would be the most effective process given the circumstances and also set a precedence for future vacancies. Councilmember Motin stated he had concerns with how this process should be handled in order to remain cost-effective but still allow voters of Ward 1 the opportunity to be involved in choosing Councilmember Zerwas'replacement.He stated appointing someone would be more cost-effective,and trusted Mayor Dietz's discretion to appoint the best candidate if the Council couldn't come to an unanimous decision.He stated favorable candidates would be those active in the community and having experience serving on a board or commission. Councilmember Westgaard expressed feelings similar to Councilmember Motin,and felt based on results of his inquiries from the residents in Ward 1,that an appointment would be the best decision based on cost and time constraints. Mayor Dietz asked since the majority of the Council indicated preference in using an appointment process,how would they go about advertising this vacancy. •