PLA 03/19/2014 City of Fridley Land Use Application
PS#14-02 March 19, 2014
GENERAL INFORMATION SPECIAL INFORMATION
Applicant: Summary of Project
Fridley Land LLC The petitioner, Paul Hyde of Fridley Land LLC, is
Paul Hyde requesting a preliminary plat to subdivide the
1350 Lagoon Avenue#920 existing large lot, located at 4800 East River Road;
Minneapolis MN 55408 to create two separate parcels on the south side of
Requested Action: the property for redevelopment.
Plat to create (2) new lots for redevelopment Staff Recommendation
Existing Zoning: City Staff recommends approval of the preliminary
S-2, Redevelopment District plat request.
Location:
low
4800 East River Road
Size:"
5,317,804 sq.ft. 122 acres .
Existing Land Use: J
Industrial (BAE site)
Surrounding Land Use&Zoning: 1 "-1 L ^'
N: Industrial & M-2
E: Railroad Tracks & RR
S: industrial (vacant land) & M-2 � __.,_.,:,�— -
W: East River Road & ROW - V
Comprehensive Plan Conformance:
Future Land Use Map designates this area as
Redevelopment
Zoning Ordinance Conformance:
Sec. 205.24 doesn't have a minimum lot size
requirement;the S-2 section of code allows
flexibility for development. `
a &svavipp kricr � #'
Zoning History:
2005—Lot is platted Aerial of Subject Property
Legal Description of Property: City Council Action/60 Day Date
Lot 1 and 2, Block 1,Armament Systems Division City Council—April 14, 2014
Public Utilities: 60 Day—April 15, 2014
The existing building is connected. Any new Staff Report Prepared by: Stacy Stromberg
buildings will need to be connected and are
available in the street.
Transportation:
The property is currently accessed from East River
Road and 51St Way.
Physical Characteristics:
Lot consists of a 2 million square foot industrial
building, hard surface driving and parking areas and
green space.
Land Use Application
Plat #14-02
RE UEST
The petitioner, Paul Hyde of Fridley Land LLC, is requesting a preliminary plat to subdivide the existing
large lot, located at 4800 East
River Road; to create two separate
°a� a
parcels on the south side of the - �
property.
4f
Creation of these separate lots will I
accommodate Phase I of the
redevelopment of this property.
Phase 1 will include the
construction of two industrial
buildings.
For the purposes of financing the
new buildings,there needs to be
separately platted parcels. �•`"
ANALYSIS \ .
The Commission and Council will
recall that this property was \\, l Lot 2 Q
rezoned from M-2, Heavy
Industrial to S-2, Redevelopment
District last year to allow
redevelopment of what has been \
known as the BAE/FMC/Navy site,
now being called Northern Stacks. f �` \
The petitioner is planning to ell
redevelop the subject property into 1.6 million sq. ft. of new industrial buildings, in four phases. The
development is being phased to accommodate the existing tenants in the existing building.
At this time, Mr. Hyde is seeking to replat the 122 acre site to accommodate Phase I of the
redevelopment. The replat will consist of three lots that will be legally described as; Lot 1, Lot,2, and
Lot 3, Block 1, Northern Stacks. Proposed Lot 1 will be 538,203 sq. ft.or 12.36 acres in size, Lot 2 will be
596,457 sq.ft. or 13.69 acres in size and Lot 3 will be 4,115,397 sq.ft. or 94.48 acres in size. The
petitioner plans to dedicate 1.49 acres of land for right-of-way purposes. This will be done through the
construction of a cul-de-sac which will be constructed off of East River Road,to allow access to the
Phase I parcels. The new intersection will be fully signalized.
Phase 1 will allow for the construction of a 213,000 sq. ft. bulk warehouse building on Lot 1 and a
135,000 square foot office warehouse building on Lot 2. The remaining 122 acres will become Lot 3.
The property is zoned S-2,Redevelopment District. The S-2 zoning designation was approved to allow
flexibility with the redevelopment of the property. When the rezoning was approved last year for this
property,a Master Plan was also approved that establishes guidelines that dictate what type of
development will occur on site.
The S-2 zoning doesn't have a lot size minimum or maximum; however,staff has generally referred to
the most similar zoning designation for comparison. The M-2, Heavy Industrial zoning district requires a
minimum lot size of 61,500 sq.ft.or 1.41 acres.The creation of Lot 1 and Lot 2 would most closely relate
to an M-2, Heavy Industrial zoning designation. Based on this comparison,the proposed subdivision
would comply with code requirements. Since the S-2 zoning doesn't have a minimum lot size
requirement and allows flexibility in meeting regular code standards,staff has determined that this
preliminary plat meets the intent of the master plan that was approved with the S-2 rezoning for this
property.
RECOMMENDATIONS
City Staff recommends approval of the preliminary plat request.
• Plat complies with the master plan approved for the rezoning of this property.
Stromber , Stacy
From: Paul Hyde fpaul@hyde-dev.co Wednesday, February 19, 2014 3:49 PM
To: Stromberg, Stacy; David T. Bade
Subject: Re: Narrative
I can do that:
We are requesting a re-platting of the existing 122 acre site to accommodate Phase I of our redevelopment: a 213,000 sf Bulk
warehouse and a 135,000 sf Office Warehouse. This plat will divide off from the 122 acre site a 12 acre site for the 213,000 sf
Bulk warehouse building and a 13 acre site for the 135,000 sf Office warehouse building. For purposes of financing these
buildings,they need to be on separately platted sites. The 95 acre balance of the existing site will remain until we get to the
next phase of the redevelopment of the Northern Stacks site.
We have secured the cleanup grants necessary to remediate the Phase I Site,and we will begin that work in the Spring of
2014. We will beginning ing with the development of the 213,000 sf Bulk warehouse in 2014,and will also start the 135,000 sf
Office Warehouse in 2014 if we secure a lead tenant.
Paul Hyde
Hyde Development
Paul@hyde-dev com
www.hyde-development.com
Community Development Department
City of Fridley
6431 University Avenue NE
Fridley MN 55432
763.572.3592
Fax: 763.571.1287
www.ci.fridley.mmus
SUED Vii SION APPLICATION FOR:
Plat '�_Lot Split
Property Information
Address: 40 F�w,+ puve Y' Rr1dA
Anoka County Property Identification Number IN#): ^1 —000 2,
Legal Description: wi
Current Zoning: i;~ Z Square footage of Parcel: 317
B"SorilfopSubdivolon(one se encs summa",pi ase attached II escription)
10 r G k.
Fee/Property Owner Information(as it appears on property title)
"Fee owner must sig this f9rm prior to processing
Name(please print): l•
Mailing address: Ilk ITQ L - V0,
City: State:'M Zipcode:
Daytime Phone: 1 FaxN tuber:
Cell Phone: E-mail address: ,o i/.,!�er✓N _
Signature/Date:
Petitioner Information
Company Name(please print): Fir-1J f G
Contact Person's Name(please print):
Mailing address:
City: State: tj N Zip code:
Daytime Phone: _ Fax Number:
Cell Phone: —Iq I I E-mail address: P.,u I to ky e " Cu.�v►n
Signature/Date: -1
FOR OFFICE USE ONLY
Plat: $1,500 for 20 Lots,$15.00 for each additional let
Lot Split: $1,250
Application Number: Receipt#: l/ Received By:
Application Date:
15 Day Application Complete Notification Date:
Scheduled Planning Commission Date: -
Scheduled City Council Date: -/ 21 \ 1'A
14
60 Day Date:
60 Day Extension Date:
CITY OF FRIDLEY
PUBLIC HEARING NOTICE
BEFORE THE PLANNING COMMISSION
TO: All property owners/residents within 350 feet of property generally
located at 4800 East River Road NE
CASE NUMBER: Preliminary Plat, PS#14-02
APPLICANT. Fridley Land LLC
Petitioner or representative must attend the Planning Commission meeting.
PURPOSE: To be reconfigured through platting as: Lots 1,2,&3, Block 1,
Northern Stacks.
LOCATION OF 4800 East River Road NE
PROPERTYAND
LEGAL Lots 1 and 2, Block 1, Armament Systems Division, Anoka
DESCRIPTION: County Minnesota
DATE AND TIME OF Planning Commission Meeting:
HEARING: Wednesday, March 19, 2014, 7:00 p.m.
The Planning Commission Meetings are televised live the night
of the meeting on Channel 17.
PLACE OF HEARING: Fridley Municipal Center, City Council Chambers
6431 University Avenue N.E., Fridley, MN.
HOW TO 1. You may attend hearings and testify.
PARTICIPATE: 2. You may send a letter before the hearing to Julie Jones,
Planning Coordinator, at 6431 University Avenue N.E., Fridley,
MN 55432 or FAX at 763-571-1287.
SPECIAL Hearing impaired persons planning to attend who need an
ACCOMODATIONS: Interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 763-572-3500
no later than March 12, 2014, The TDD# is 763-572-3534.
ANY QUESTIONS: Contact Stacy Stromber , Planner, at 763-572-3595.
*PROPOSED CITY The proposed City Council meeting Date for this item will be
COUNCIL MEETING Monday, April 14, 2014. *This date is subject to change
DATE: depending on the outcome of the Planning Commission
meeting. Please confirm City Council date prior to attending
City Council meeting.
Publish: March 6, 2014
CITY OF Community Development Department
FRIDLEY Public Hearing Notice
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SOURCES
Fridley Engineering N
Fridley GIS Plat Request, PS #14-01
Anoka County GIS Petitioner: Fridley Land LLC w E
Address: 4800 East River Road NE
Map Date:March 4, 2014 S
- ....-.w„ I /1v C. IV.t. ,
FRIDLEY, MINNESOTA 55432
ALLTEMP DISTRIBUTION COMPANY
5400 MAIN ST NE
FRIDLEY,MN 55421-0000
COMMUNITY DEVELOPMENT DEPARTMENT
FRIDLEY MUNICIPAL CENTER
6431 UNIVERSITY AVE. N.E.
FRIDLEY, MINNESOTA 55432
FIRST CAL INDUSTRAIL 2 ACQUISITIONS
PO BOX 638
ADDISON,TX 75001
COMMUNITY DEVELOPMENT DEPARTMENT
FRIDLEY MUNICIPAL CENTER
6431 UNIVERSITY AVE. N.E.
FRIDLEY, MINNESOTA 55432
BAE
0 EAST SYSTRIVERNRD AND ARMAMENTS L F
FRIDLEY,MN 55421-0000
COMMUNITY DEVELOPMENT DEPARTMENT
FRIDLEY MUNICIPAL CENTER
6431 UNIVERSITY AVE.`N.E.
FRIDLEY, MINNESOTA 55432
DAVID KONDRICK
280 STONYBROOK WAY NE
FRIDLEY MN 55432
6431 UNIVERSITY AVE. N.E.
FRIDLEY, MINNESOTA 55432
FRIDLEY LAND LLC
1350 LAGOON AVE STE 920
MINNEAPOLIS,MN 55408
FRIDLEY mumu^.-vim...
6431 UNIVERSITY AVE. N.E.
FRIDLEY, MINNESOTA 55432
ROSENBLUM FAMILY LMTD PRTNRSHP
5100 INDUSTRIAL BLVD
FRIDLEY,MN 55421-0000
:OMMUNITY DEVELOPMENT DEPARTMENT
RIDLEY MUNICIPAL CENTER
431 UNIVERSITY AVE. N.E.
RIDLEY, MINNESOTA 55432
BURLINGTON NORTHERN INC
PROPERTY TAX DEPT,PO BOX 961089
FORT WORTH,TX 76161-0000
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COMMUNITY DEVELOPMENT DEPARTMENT
FRIDLEY MUNICIPAL CENTER
3431 UNIVERSITY AVE. N.E.
=RIDLEY, MINNESOTA 55432
ANOKA COUNTY
ATTN PARKS DEPT,2100 3RD AVE
ANOKA,MN 55303-0000
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PUBLIC HEARING
BEFORE THE
PLANNING COMMISSION
Notice is hereby given that there will be a public hearing of the
Fridley Planning Commission at the Fridley Municipal Center, 6431
University Avenue N.E. on March 19, 2014 at 7 : 00 P.M. for the
purpose of :
Consideration of a Preliminary Plat, PS #14-02, by Fridley
Land LLC, a Minnesota Limited Liability Company, fee owner of
the property situated in the County of Anoka, State of
Minnesota and described as : Lots 1 and 2, Block 1, Armament
Systems Division, Anoka County, Minnesota, to be reconfigured
through platting as : Lots 1, 2, &3 , Block 1, Northern Stacks .
Any and all persons desiring to be heard shall be given an
opportunity at the above stated time and place. Any questions
related to this item may be referred to Stacy Stromberg, Planner,
at 763-572-3595 .
Hearing impaired persons planning to attend who need an
interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 763-572-3500 no
later than March 12, 2014 . The TDD number is 763-572-3534 .
The proposed City Council meeting date for this item will be on
April 14, 2014 . *This date is subject to change depending on the
outcome of the Planning Commission meeting. Please confirm City
Council date prior to attending the City Council meeting.
DAVID KONDRICK
CHAIR
PLANNING COMMISSION
Publish: March 6, 2014
Au
CITYOF
FRIDLEY
FRIDL-EY MUNICIPAL-CENTER • 6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432
(763)571-3450 • FAX(763)571-1287 • WWW CI.FRIDLEy.MN.US
February 24, 2014
Fridley Land LLC
Attn: Paul Hyde
1350 Lagoon Avenue S#920
Minneapolis MN 55408
Dear Mr. Hyde:
Per Minnesota Statute 15.99, local government units are required to notify land use applicants within
15 working days if their land use applications are complete. We officially received your application for a
Preliminary Plat on February 14, 2014. This letter serves to inform you that your application is
complete.
Your Preliminary Plat application hearings and discussion will take place at the City of Fridley Planning
Commission Meeting on March 19,2014 at 7:00 P.M. in the City Council Chambers at 6431 University
Avenue. The City of Fridley City Council is scheduled to review your Preliminary Plat on April 14, 2014 at
7:00 P.M. Please plan to be in attendance at both of the above referenced meetings
If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-
3595.
Sin erely,
Stacy om rg
Planner
cc: Westwood
Attn: David Bade
7699 Anagram Drive
Eden Prairie MN 55344
Memorandum
Planning Division
DATE: February 27,2014
TO: Fridley Appeals,Planning, and EQE Commission Members
FROM: Scott Hickok,Community Development Director
Julie Jones,Planning Manager
SUBJECT: Rosenberg Rules of Order
Background
Since 1949,the Fridley City Council has used Robert's Rules of Order as their guide for parliamentary
procedures at public meetings. Over time,Robert's Rules(which was developed as a guide for
Parliament in England)have expanded,becoming lengthy and cumbersome to follow.Recently, staff
learned that many cities across the country are now using an alternative guide called Rosenberg Rules of
Order.
Rosenberg's Rules is only seven pages long and is designed as a guide for city councils and boards of
five to seven members.Upon City staffs advice,the Fridley City Council took official action on
February 10,2014 to adopt Rosenberg Rules.The information that the City Council reviewed and
approved is attached.As it turns out,there really is no difference in the procedures in the new guide.The
guide itself is simply more condensed.
Recommendation
Since the City Council has made the change to Rosenberg Rules for guidance, staff recommends that the
advisory commissions consider taking the same action.The difference in process,however,is that the
Appeals,Planning,and Environmental Quality and Energy Commissions do not have bylaws,which is
where a guide is typically designated. Staff intends to further study language in existing code regarding
advisory commission procedures and recommends that the commissions review their options at a future
meeting.
raw-1 AGENDA ITEM
riCITY COUNCIL MEETING :OF
7
EY FEBRUARY 10, 2014
To: Walter T. Wysopal,City.Manager
From: Debra A. Skogen, City Clerk
Date: February 4,2014
Re: Resolution Adopting Rosenberg's Rules of Order Revised 2011 as the Parliamentary
Procedures for the City of Fridley
On July 1, 1949, the City Council adopted Robert's Rules of Order (Robert's Rules) for
parliamentary procedures for use at their meetings. On September 24, 1957 the residents voted to
approve the Fridley City Charter. Section 3.03 of the Charter allows the City Council to determine
their own rules and order of business. The City Council did not officially adopt parliamentary
procedures at that time. Since the practice had been to follow Robert's Rules, it appears the City
Council continued to use Robert's Rules as their parliamentary procedure.
Staff completed its research and met with the City Council to provide an alternative to Robert's
Rules. Rosenberg's Rules of Order (2011) (Rosenberg's Rules), as shown in Exhibit 1 of the
resolution, was established for smaller groups for city councils or boards with five to seven
members. It is short and simple,unlike Robert's Rules. Based on the review by the City Clerk and
the City Attorney, it appears the City Council is essentially following Rosenberg's Rules.
The City Council met during a workshop to discuss the option of adopting Rosenberg's Rules and
asked for additional information. First, how many other local governments or boards have adopted
Rosenberg's Rules and second, questions about quorum, abstentions and conflicts of interest for
purposes of counting votes.
Research found the League of California Cities promotes Rosenberg's Rules and over twenty cities
or counties in California have adopted Rosenberg's Rules. In addition cities in the states of
Colorado, Georgia, Minnesota, Missouri, Montana, New Mexico, Oklahoma, South Carolina, and
Texas have adopted Rosenberg's Rules. Roseville was the first city in Minnesota to adopt
Rosenberg's Rules.
The City Attorney has provided direction regarding the questions of .quorum, abstentions and
conflicts for purposes of vote counting. Adopting Rosenberg's Rules would not affect the definition
of"quorum" for the Fridley City Council, or how council votes would be counted (including when
members abstain). Rosenberg's Rules decide these issues only if the local body (or state law) does
27
not already have specific rules in place. See Rosenberg's Rules of Order (2011) at 2, 5-6. The
Fridley City Charter specifically defines a quorum and has provisions that effectively determine
how council votes must be counted (and what impact abstentions have). Fridley would be
considered to have specific rules on these issues. As a result,the City Charter, and not Rosenberg's,
Rules would control these issues. In addition to the City Charter and City Code, staff has provided
a reference sheet to help illustrate quorum and vote calculate under scenarios involving abstention
and conflict of interest, as shown in Attachment B.
Staff recommends a motion approving a Resolution adopting Rosenberg's Rules of Order
(2011)) as the Parliamentary Procedures for the City of Fridley, Minnesota, as shown in
Attachment A.
28
Attachment A
RESOLUTION NO.2014 -
A RESOLUTION ADOPTING ROSENBERG'S RULES OF ORDER(2011)AS THE
PARLIAMENTARY PROCEDURES FOR THE CITY OF FRIDLEY
WHEREAS, research found the City Council adopted Ordinance No. 1 on July 1, 1949, defining
Robert's Rules of Order to be used as their parliamentary procedure; and
WHEREAS, after the Fridley City Charter was approved by the voters in 1957, allowing for the
City Council to determine their own rules, the City Council did not officially designate a
parliamentary procedure but continued to use Robert's Rules of Order; and
WHEREAS,the Fridley City Charter, Section 3.03, states that, "the City Council shall determine
its own rules and order of business", and
WHEREAS, research was completed to determine what other parliamentary procedures were
available for use and provided to the City Council for discussion; and
WHEREAS, after discussion,it was determined Rosenberg's Rules of Order(2011)was found to
be easier to understand and the process currently being used by the City Council.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Fridley hereby
adopts Rosenberg's Rules of Order(2011)for the City of Fridley, as shown in Exhibit 1.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 92014.
Scott J.Lund,Mayor
ATTESTED:
Debra A. Skogen, City Clerk
4
29
"s.
s.
1`
7
Rosenbergys Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century
By Judge Dave Rosenberg
i
30
i
LLtAGUE"
OF CALIFORNIA
CITIES
MISSION AND CORE BELIEFS
To expand and protect local control for cities through education and advocacy to enhancethe quality of life for all Californians.
VISION
1b be recognised and respecW as the leading advocate for the common interests of California's cities.
f
About the League of California Cities
Established in 1898,the League of California Cities is a member organization that represents CaiifmiWis ina x7orated cities.
The League strives to protect the local authority and automonyof city government and help CaiifurnWs cities effectively
serve their residents.In addition to advocating on cines'behalf at the state capitol,the League provides its members with
professional development programs and information resources,conducts education conferences and research,and publishes
Wes ern atymagazine.
' O20IILerr�etofCa$fomiaCities.Atl►jgl+ta�atr�rd
ABOUT THE AUTHOR
Dave Rosenberg is a Superior Court Judge in Yolo County.He has served as presiding judge of his court,and as
presiding judge of the Superior Court Appellate Division.He also has served as chair of the ltial Court presiding,Judges
Advisory Committee(the committee composed of all 58 California presiding judges)and as an advisory member of the
California Judicial Council.Prior to his appointment to the bench,Rosenberg was member of the Yolo County Board of
Supervisors,where he served two terms as chair.Rosenberg also served on the Davis City Council,including two terms
as mayor.He has served on the senior staff of two governors,and worked for 19 years in private law practice.Rosenberg
has served as a member and chair of numerous state,regional and local boards.Rosenberg chaired the California State
Lottery Commission,the California Victim Compensation and Government Claims Board,the Yolo-Solano Air Quality
Management District,the Yolo County Economic Development Commission,and theWo County Criminal justice
Cabinet For many years,he has taught classes on parliamentary procedure and has served as parliamentarian for large
and small bodies.
t
�1
i"
TABLE OF CONTENTS
About the Author................................................
i
Introduction.......................................................
Establishinga Quorum...»..........................................».......»...».................................2
TheRole of the Chair.....»........................................... .....2
The Basic Format for an Agenda Item Discussion...............
Motionsin General........................................ .............»...»3
The Three Basic Motions................................». ......3
Multiple Motions Before the Body....................._.....................................................»..4
To Debate or Not to Debate...................................
Majority and Super-Majority Votes.....................................
........................................5
CountingVotes........».»........_.........................».........»................».....................».........5
TheMotion to Reconsider.........................................»..................................»...........6
Courtesy and Decorum........................................... .....7
Special Notes About public Input.........................................
82
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INTRODUCTION
The rules of procedure at meetings should be simple enough for Establishing a Quorum
most people to undastand.Unfortunately,that has not always been The starting point for a meeting is the establishment of a quorum
the case.Virtually all dubs,associations,boards,councils and bodies A quorum is defined as the minimum number of members of the
follow a set of rules—Robert's Rules of Order—which are embodied body who most be present at a meeting for business to be legally
in a small,but complex,book.Virtually no one i know has actually transacted.The defauh rule is that a quorum is one more than half
read this book cover to coven Worse yet,the book was written for. the body.For example,in a five-member body a quorum is throe,
another time and for another purpose.ifs is dnmirgor running eto�iy m-three members present,it can legally tramact
a parliament,then RoberesWa of Order is a dandy and quite useful business.If the body has less than a quorum of members present,it
handbook for procedure in that complex setting.On the other hand, cannot kegailytransact business.And even if the body has a quorum
if one is running a meeting of say,a five-member body with a few to begin the meeting,the body can lose the quorum during the
members of the public in attendance,a simplified version of the rules meetingwhen a member departs(or even when a member kaves the
of parliamentary procedure is in order dais).When that occurs the body loses its abilityto transact business
Hence,the birth of Romberg's Rules of Order. until and unless a quorum is reestablished.
What follows is my version of the rules of parliamentary procedure, The default rule,identified above,however,gives way to a specific
based on my decades of experience chairing meetings in state and rule of the body that establishes a quorum.For exampk,the rules of
local government.These ruler have been simplified for the smaller a particular five-member body may indicate that a quomm is four
bodies we chair or in which we participate,slimmed down for the members for that particular body.The body must follow the rules it
21st Century,}ret retaining the basic tenets of order to which we have has established for its quorum.In the absence ofsuch a specific rule,
grown accustomed.Interestingly enough,Rosenbergs Rules has found the quorum is one more than half the members of the body.
a welcoming audience.Hundreds of cities,counties,special districts, The Role of the Chair
committees,boards,commissions,neighborhood assodations and
private corporations and companies have adopted Rosenbergs Rules While all members of the body should know and understand the
in lieu of Robert's Rules because they have found them practical,` rules of parliamentarypmcedure itis the chair of the bodywho is
logical,simple,easy to karn and user friendly. charged with applying the rules of conduct of the mating.The chair
This treatise on modern parliamentary procedure is built on a should be well versed in those rube.For all intents and purposes,the
foundation supported by the following four pillars: chair makes the final ruling on the rales every time the d=states an
action.In fact,all decisions by the chair are final unless overruled by
I. Rules should establish order.The first purpose of rules of the body irWE
parliamentary procedure is to establish a framework for the
ordmiyconduct of meetings. Since the chair runs the conduct of the meeting,it is usual courtesy
for the chair to play a less active role in the debate and discussion
2. Rules should be clew Simple rules lead to wider understanding than other members of the body.This does not mean that the chair
and participation.Complex rules create two classes:those should not participate in the debate or discussion.To the contrary,as
who understand and participate,and those who do not fully a member of the body,the chair has the flan right to participate in the
understand and do not fully participate, debate,discussion and decision-making of the body.What the chair
3. Rules should be user friendly.That k,the rules must be simple should do,however,is strive to be the last to speak at the discussion
enough that the public is invited into the body and fells that it and debate stage.The chair should not make or second a motion
has partiapaW in the per. unless the chair is convinced that no other member of the body will
4. Rules should enforce the will of the majority while protecting do so at that point in time.
the tights ofthe minoriiy.The ultimate purpose of rules of
procedure is to encourage discussion and to facilitate decision The Basic Format for an Agenda Item Discussion
r
making by the body.In a democracy,majority rules.The rates Formal meetings normally have a written,often published agend&
must enable the majority to express itself and fashion a result, Informal meetings may have only an oral or understood agenda.In
while permitting the minority to also express itself,but not either case,the meeting is governed by the agenda and the agenda
dominate,while Puny participating in the process, constitutes the body's agreed-upon roadmap for the meeting.Each
agenda item can be handled by the chair in the following basic
format:
33
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WK
AA the chair should clearly announce-the agenda item number and Nix*the chair takes a vote.si ►plyasking for the"ayes"and then
should clearly state what the agenda item subject is.The chair shouldtfor the"
then announce the format(which follows)that will be followed in not m
votf, ��normally does this.If members of the body do
considering the agenda item. owe (or unless a Unless the rules of the bodypmvide
pe 1ority is required as delineated later
Secotad,following that agenda format,the chair should invite the in these rules),then a simple majority(as defined in law or the rules
aPProPrilte person or persons to report on the item,including any of the body as delineated later in these rules)determines whether the
recommendation that tduymigbt have.The appropriate person or motion passes or is defeated.
persons may be the cbak a member of the body,a staff person,or a Rufk the chair should announce the result of the vote and what
committee chair charged with providing input on the agenda item. action(if any)the body has taken.In announcing the result,the chair
Thread,the chair should ask members of the body if theyhave any should indicate the names of the members of the body,if any,who
technical questions of clarification.At This point,members of the X voted in the minority on the motion.This announcemmt might take
body may ask W11*g questions to the person or persons who the 11*form:"The motion passes by a vote of 3-2,with Smith
reported on the item,and that person or persons should be given and Tones dissmfW&We have passed the motion requiring a l0_ay
time to respond. notice for all future meetings of this body."
Fourth,the chair should invite public comments,or if appropriate at Motions in General
a formal meeting,should open the public meeting for public input
If numerous members of the public indicate a desire to speak to Motions are the vehides for decision making by a body,It is usually
the subject,the chair maylimit the time of public speakers.At the best to have a motion before the body prior to commencing
condusion of the public comments,the chair should announce that discussion of an agendaitem.This helps the body focus.
public input has concluded(or the public hearing,as the case may be, Motions are made in a simple two-step process.First,the chair
is dosed). should recognize the member of the body,Second,the member
F,)k,the chair should invite a motion.The chair should announce of the body makes a motion by preceding the member's desired
the name of the member of the body who makes the motion, approach with the words"I move..."
Sixth,the chair should determine if any member of the body wishes A typic motion might be:"I move that we on a 10-day notice in
to second the motion.The chair should announce the name of the the future for all our meetings."
member of the body who seconds the motion.It is normally good The chair usually initiates the motion in one of three ways:
Practice for a motion to require a second before proceeding to
ensure that it is not just one member of the body who is interested 1. Inviting the members of the body to make a motion,for
in a particular approach.However,a second is not an absolute mmPle�"A motion at this time would be in order:'
requirement;and the chair can proceed with consideration and vote 2. Suggesting a motion to the members of the body,"A motion
on a motion even when there is no second.This is a matter left to the would be in order that we give a 10-day notice in the future for all
discretion of the chair.
ourmeedW
Sevrxmth,if the motion is made and seconded,the chair should make 3. Making the motion.As noted,the chair has every right as a t
sure everyone understands the motion. member of the body to make a motion,but should normally do
This is done in one of three ways: so only if the chair wishes to make a motion on an item but is
I. The chair can ask the maker of the motion toreeat it; convinced that no other member of the bodyis willing to step
P forward to do so at a particular time.
2. The chair can repeat the motion;or
3. The chair can ask the secretary or the clerk of the body to repeat The Three BasiC Motions
the emotion. There are three motions that are the most common and recur often
HOW the chair should now invite discussion of the mchoon by the at meetings
body.If there is no desired discussion,or after the discussion has The basic motion.The basic motion is the one that puts forward a
ended,the chair should announce that the body will vote on the decision for the body's consideration.A basic motion might be:"I
motion.If there has been no discussion or very brief discussion,then move that we create a five-member committee to plan and put on I
the vote on the motion should proceed immediately and there is no our annual fundraiser."
need to repeat the motion.If there has been substantial discussion, j
then it is normally best to make sure everyone understands the
motion by Meeting it.
34
:-
The motion to amend.If a member wants to change a basic motion Pirsk the chair would dealwith the died(the last)motion on dee
that is before the body,they would move to amend it Amotion floor,the substitute motion.After discussion and debate,a vote
to amend might be:"I move that we amend the motion to have at would be taken fust on the third motion.If the substitute motion
10-member committee."A motion to amendtakes the basic motion passed,it would be a substitute for the basic motion and would
that is before the body and seeks to change it in some way. eliminate ft.The first motion would be moot,as would the second
The substitute notion.If a member wants to completely do away motion(which sought to amend the fust motion),and the action on
with the basic motion that is before the body,and put a new motion the agenda item would be completed on the passage by the body of
before the body,they would move a substitute motion.A substitute die the third motion(the substitute motion).No vote would be taken on
motion might b :"I move a substitute motion.that we cancel die.
first or second motions.
e
annual fimdraiser this year." Second,if the substitute motion fnkA the chair would then deal
"Motions to amend"and substitute motions"are often confitsd,but with the second(now the last)motion on the floor,the motion
they are quite difiiereat,and their effect(if passed)is quite different. to amend.The discussion and debate would focus strictly on the
A motion to amend seeks to retain the basic motion on the floor,but amendment(should the committee be five or 10 members).If the
modify it in some way.A substitute motion seeps to throw out the motion to amend passed,the chair would then move to consider the
basic motion on the floor,and substitute a new and dillmnt motion main motion(the first motion)as amended.If the motion to amend
for it.The decision as to whether a motion is really "motion to fa&4 the dile would then move to consider the main motion(the
amend"or a"substitute motion"is left to the chair.So if a member fust motion)in its original format,not amended.
makes what that member calls a"motion to amend;but the chair 7W,the chairwould now deal with the first motion that was placed
determines that it is really a"substitute motion,then the chair's on the floor.The original motion would either be in its original
designation govems. format(five-member committee),or if amended,would be in its
A"friendly amendmem"is a practical parliamentary tool that is amended format(10-member committee).The question on the floor
simple,informal,saves time and avoid&bogging a meeting down for discussion and decision would be whether a committee should
with numerous formal motions.It works in the following way:In the plan and put on the annual fiumdraise:
discussion on a pending motion,it may appear that a change to the
motion is-desirable or may win support for the motion from some To Debate or Not to Debate
members.When that happens,a member who has the floor may The basic rule of mations is that they are subject to discussion and
simply my,"I want to suggest a friendly amendment to the motion." debate.Amord ugly,basic motions,motions to amend,and substitute
The member suggests the friendly amendment,and if the maker and motionk are all eligible,each in their turn,for full discussion before
the person who mconded the motion pending on the floor accepts and by thebody.The debate can continue as long as members of the
the friendly amendment,that now becomes the pending motion on body wish to discuss an item,subject to the decision of the chair that
the floor.If either the maker or the person who seconded rejects the it is time to move on and take action.
proposed friendly amendment,then the proposer can formallymove There are exceptions to the general rule of free and open debate
to amend on motions.The exceptions all apply when there is a desire of the
Multiple Motions Before the Body bodyto move on.The Wowing motions are not debatable(that
is,when the following motions are made and saconded,the chair
There can be up to three motions on the floor at the same time. must immediately call for a vote of the body without debate on the
The chair can reject a fourth motion until the chair has dealt motion):
with the three that are on the Boor and has resolved them,This Motion to adjourn.This motion,ifpassed,requires the body to
rule has practical value.More than three motions on the floor at immediately adjourn to its next regularly scheduled meeting.It
anygiven time is mn&d ng and unwieldy for almost everyone,
requires a simple majority vote.
including the chair.
Motion to moess.This motion,if passed,requires the body to
Whm there are two or three motions on the floor(after motions and immediatdytake a recess.Normally,the chair determines the length
seconds)at the same time,the vote should proceed fust on the last of the recess whichmaylx a few minutes or an tau:It requires a
motion that is made.For=ample,assume the first motion is a basic
`motion to have a five-member committee to plan and put on our simple malorutyvote.
annual fundraiser."During the discussion of this motion,a member Motion to fix the time to adjourn.This motion,if passed,requires
m*ht make a second motion to"amend the main motion to have a the body to adjourn the meeting at the specific time set in the
1 o-member committee,not a five-member committee to plan and motion.For example,the motion might be"I move we adjourn this
put on our annual fnndraisez. And perhaps,during that discussion,a > at midnight."It requires a simple majority trate.
member makes yet a third motion as a"substitute motion that we not
have an annual fimdraiser this year."The proper procedure would M
as follows:
35
1
Motion to table.This motion,if passed,requires discussion of the Motion to close nominations.When choosing o$hcen of the
agenda item to be halted and the agenda item to be placed on'hold body
The motion can contain a (such asthe )� are in order either from a
« specific time in which the item can come nominating committee or from the floor of the body.A motion to
bade to the body. I move we table this item peri our regular meeting dose nominations effectively cuts off the right of the minority to
in October."Or the motion can contain no specific time for the nominate officers and it requires a two-thirds vote to pass.
return of the item,in which case a motion to take the item offthe
table and bring it back to the body w%bpe to be taken at a future Motion to object to tate consideration of a question.Normally,such
meeting.A motion to table an item(or to bring it back to the body) a motion is unnecessary since the objectionable item can be tabled or
requires a simple majorityvote. defeated straight up.However,when members of a body do not even
want an item on the agenda to be considered,then such a motion is
Motion to limlt debate.The Dost common form of this motion is to in order.It is not debatable,and it requires a two-thirds date to pass.
say,"I move the previous question or"I move the question?or"I call
the question'or sometimes someone simply shouts out"question" Motion to suspend the rules.This motion is debatable,but requires
As a practical matter,when a member calls out one of these phrases, a two-thirds vote to pass.If the body has its own rules of order,
the chair can expedite matters by treating it as a-request"
rather conduct or procedure,this motion allows the body to suspend the
ch
than as a formal motion.The air can simplyrule,fora paw p For
exam le,the
inquire of the body, p body(a private club)
'any further discussion?"If no one wishes to have fin then discussion, might have a rule prohibiting the attendance at meetings by non-dub
then the chair can go right to the pending motion that is on the floor. membcmA motion to suspend the rules would be in order to allow
However,if even one person wishes to discuss the pending motion a non-dub member to attend a meeting of the club on a particular
further;then at that point,the chair should treat the call for the dateor on a particular agenda item.
"question"as a formal motion,and proceed to it.
When a member of the body makes such a motion("I move the Coon '�Votes
previous question"),the member is really saying:«I've had enough The matter of counting votes starts simple,but can become
debate.Let's get on with the vote."When such a motion is made,the complicated.
chair should ask for a second,stop debate,and vote on the motion to Usually,it's pretty easy to determine whether a particular motion
limit debate.The motion to limit debate requires a two-thirds vote of passed or whether it was defeated If a simple majority vote is needed
the body. to pass a motion,then one vote more than 50
Percent of the body is
NOTE.A motion to limit debate could include a time limit.For required.For example,in a five-member body,if the vote is three in
example:"I move we limit debate on this agenda item to 15 minutes A favor and two opposed,the motion passes.If it is two in favor and
Even in this format,the motion to IuWt debate requires a two- three opposed,the motion is defeated.
thirds vette of thebody.A similar motion is a motion to object to If a two-thirds majorityvote is needed to pass a motion,then how
consideration of an item.This motion is not debatable,and if passed, marry affirmative votes are required?The simple rule of thu mb is to
precludes the body from even.considering an item on the agenda.It count the"no"votes and double that count to determine how many
also requires a two-thirds vote. "yes"votes are needed to pass a particular motion.por example,in
a seven-member body,if two members vote`W then the"yes"vote
Majority and Super Majority Votes of at least four members is required to achieve a two-thirds majority
In a democracy,a simple majorityvote determines a question.A tie vote to pass the motion
vote means the motion fails.So in a seven-member bodya vote of What about tie votes?In the event of a tie,the motion always fails since
4-3 passes the motion A vote of 3-3 with one abstention means the an affirmative vote is required to pass any motion.For amniple,in a
motion fails.If one member is absent and the vote is 3-3,the motion five-member body,if the vote is two in favor and two opposed,with
Still fails. one member absent.the motion is defeated.
All motions require a simple majority,but there are a few exceptions. Vote counting starts to become complicated when members
The exceptions come up when the body is taking an action which vote"abstains or in the case of a written ballot,cast a blank(or
e>liectivdy cuts off the ability of a minority of the body to take an unreadable)ballot.Do these votes count,and if so,how does one
action or discuss an item.These extraordinary motions require a count them?The starting point is always to check the statutes.
two-thirds majority(a super majority)to pass:
In Calibmia,forexample,for an adios of a board of supervisors to
Motion to limit debate.Whether a member says,"I move the be valid and binding,the action must be approved by a majority ofthe
Previous question,"or"I move the question,'or"I call the question;' board.(California Government Code Section 25005.)Typically,this
or"I move to limit debate.it all amohiirte to an attempt to cut off the means three of thefrn members of the board must vote afirmagwly
ability of the minority to discuss an item,and it requires a two-thirds in favor of the action.A vote oft-1 would not be suffic knt.Avote of
vote to pass. 3-0 with two abstentions would be nrficarnt.In general law cities in
36
3
r
Califomia,as another example,resolutions ororders for the payment of Now,exactly how does a member cast an"abstention"vote?
money and all ordinances require a recorded vote ofthe total members Anytime a member votes'abstain!or'",'I abstain,"that is an
of the city council.(California Government Code Section 36936.)Cities abstention.However,if a member votes"present"that Is also treated
with charters may prescribe their own vote requirements.Local elected as an abstention(the member is easentially saying,"Count me for
officials are always well-advised to consukwith their local agency purposes of a quorum,but myvote on the issue is abstain A)In fact,
counsel on how Stec law may affect the vote count any manifestation of intention not to vote either°dere"or"ono"on
After consulting state statutes,step number two is to check the rules the pending motion may be treated by the chair as an abstention.if
of the body.If the rules of the body say that you count votes of'those written ballots are cast,a blank or unreadable ballot is counted as an
present"thea you treat abstentions one way.Howeve4 if the rules of abstention as well
the body say that you count the votes of those"present and voting," Can a member vote"absent"or"count me as absent?"Interesting
then you treat abstentions a different way.And if the rules of the question.The ruling on this is up to the chair.The better approach is
body are silent on the subject,then the general rule of thumb(and for the chair to count this as if the member had left his/her chair and
default rule)is that you count all votes that are"present and voting!, is actually"absent"That,of coarse,affcts the quorum.However,the
Accor J v�g,. chair may also treat this as a vote to abstain,particularly if the n
Accordingly,under the t and a would NOT does not s"u"lly leave dee dais, leo
count abstention votes on the motion.Members who abstain are
counted for purposes of determining quorum(theyare"presene),
but you treat the abstention votes on the motion as if theydid not The Motion to Reconsider
eodst(they are not"voting").On the other hand,if the rules of the There is a special and unique motion that requires a bit of
body specifically say that you count votes of those"present"then you explanation all by iWX the motion to reconsider.A tenet of
DO count abstention votes both in establishing the quorum and on parlismentaryprocedure is finality.After vigorous discussion,debate
the motion.In this event,the abstention votes act just like"no'votes. and a vote,there must be some closure to the issue.And so,after a
How does this work in practice? vote is takm the matte'is deemed closed,subject only,to reopening
Here are a few exampk if a proper motion to consider is made and passed.
Assume that a five-member city council is voting on a motion that A motion to reconsider requires a.majority vote to pass like other
requires a simple majority vote to pass,and assume further that thegarden-variety motions,but there are two special rules that apply,
bodyhas no specific rule on counting votes.Accordingly,the default only to the motion to reconsider.
rule kicks in and we count all votes of members that are"present and First,is the matter of timing.A motion to reconsider must be made
voting."If the vote on dee notion is 3-2,the motion passes.If the at the meeting where the item was first voted upon.A motion to
motion is 2-2 with one abstention,the motion faik reconsider made at a later time is
.untimely.(The body,however,can
Assume a five-member city council voting on a motion that requires always vote to susPend the rules and,bya two-thirds majority,allow
a two-thirds majorityvote to pass,and further assume that the body a motion to reconsider to be made at another time.)
has no specific rule on counting votes.Again,the default rule applies. Second,a ration to reconsider maybe made only by certain
If the vote is 3-2,the motion fails for lack of a two-thirds majority.If members of the body.Accordingly,a motion to reconsider may be
the vote is 4-1,the motion passes with a clear two-thirds majority.A made only by a member who voted in the majority on the original
vote of three'W one"no"arid one"abstain"also results in passage motion.If such a member has a change of heart,he or she may
of the motion.Once again,the abstention is counted only for the make the motion to reconsider(any other member of the body
purpose of determining quorum,but on the actual vote on the —including a member who voted in the minority on the original
motion,it is as if the abstention vote never a fisted—so an effective motion—may second the motion).If amember who voted in the
3-1 vote is clearly a two-thirds majority vote. minority seeks to make the motion to reconsider,it must be ruled
Now,change the scenario slightly.Assume the some five-member out of order.The purpose of this rule is finality.If a member of
city council voting on a motion that requires a two-thirds majority minority could make a motion to reconsider,then the item could be
vote to pass,but now assume that the body DOES have a specific rule brought back to the body again and again,which would defeat the
requiring a two-thirds vote of members"present"Under this specific purpose of finality.
rule,we must count the members present not only for quorum but If tare motion to reconsider passes,then the original matter is back
also for the motion.In this scenario,any abstention has the same before the body,and a new original motion is in order.The matter may
force and effect as if it were a"no"vote.Accordingly,if the votes were be discussed and debated as if it were on the floor for the first time.
three"yes,"one"no"and one"abstain,"then the motion fiifis.The
abstention in this case is treated lice a'a vote and effective vote of
3-2 is not enough to pass two-thirds majority muster.
37
•d:�
.. :z
i
Courtesy and Decorum Appeal.If the
PP than'wakes a ruling that a member of the body
The rules of order are meant to create an atmosphere when thedisagrees with,that member may appeal the ruling of the chair.N the
members of the body and the manbers of the public can attend to motion is seconded,and after debate,if it passes by a simple majority
business efficiently,fairlyand with full participation.At the same vote,then the ruling of the chair is deemed reversed.
time,it is up to the chair and the members of the body to maintain Call for orders of the day-This is aim
common courtesy and decorum.Unless thesetting is Y Ply another way of yhsaying,d
always only one g �informal, return to the agenda. If a member believes that the body has drifted
it is alwa best for o person at a time to have the floor,and from the agreed-upon agenda,such a call may be made.It does not
it is always best for every speaker to be fust recognized by the
require a vote,and when the chair discovers that the agenda has
before proceeding to speak.
not bem followed,the chair simply reminds the body to return to
The chair should always ensure that debate and discussion of an the agenda.item properly before them.If the chair fails to do so,the
agenda.item focuses on the item and the policy in question,not the thaws determination may be appealed
personalities of the members of the body.Debate on policy is healthy, �ithdraN,a motion.
debate on personalities is not The chair has the ' t to art off During debate and discussion of a motion,
'
discussion that is too personal,is too loud,or le too trade, the maker of the motion on the floor,at any time,may'interrupt a
speaker to withdraw his or her motion from the floor.The motion
Debate and discussion should be focused,but free and open.In the is y deemed withdrawn,although the chair may ask the
interest of time,the chair may,however,limit the time allotted to Pin who seconded the motion if he or she wishes to make the
mem,including members of the body. motion,and any other member may make the motion if properly
Can a member of the body interrupt the speaker?The general rule is recognized-
"no,"There are,however exceptions.A speaker may be interrupted
for the following reasons: Special Notes About Public Input
Pdvfte-The proper interruption would be,point of privilege n The rules outlined above will help make meetings very public-
The chair would then ask the interrupter to"stateyourrota �dlX But in addition,and particularly for the chair,it is wise to
Appropriate points of privilege relate to anything that would remember three special rubes that apply to each agenda item:
interfere with the normal comfort of the meeting por example,the Rule One:Tell the public what the body will be doing.
room may be too hot or too cold,or a blowing fan alight interfere Rule Two:Keep the public informed while the body is doing it.
with a person's ability to hear.
The proper interruption Rule Three:When the body has acted,tell the public what the
Order. ruption would be,"point of order:"Again, bodydid.
the chair would ask the interrupter to"state your point."Appropriate
points of order relate to anything that would not be considered
appropriate conduct of the meeting.For example,if the chair moved
on to a vote on a motion that permits debate without allowing that
discussion or debate.
I
i
38
m
Attachment B
City of Fridley Reference to Rosenberg's Rules of Order(2014)
For Purposes of Quorum and Voting
QUORUM
The Fridley Charter provides that"three Councilmembers constitute a quorum to do business"
for all purposes other than canvassing an election. Fridley City Charter, §3.03.
ORDINANCES
The Fridley City Charter states that"[a]n affirmative vote of at least three (3)members of the
Council is required for the passage of all ordinances, except as otherwise provided in this
Charter." Fridley City Charter, § 3.04.
The Charter requires three affirmative votes to pass an ordinance, no matter what. Since an
abstention is just another non-affirmative vote, it does not affect the total number of"ayes"
needed to pass an ordinance.
MOTIONS/RESOLUTIONS
The Fridley City Charter states that"[r]esolutions and motions require a majority vote of the
Councilmembers in attendance at the meeting, except as otherwise provided in this Charter."
Fridley Cil, Charter, § 3.04(emphasis added).
Resolutions and motions generally require a majority of council members to vote"aye." Under
the Charter,abstaining council members are generally considered"in attendance at the meeting,"
so they are ordinarily included in calculating the number of votes needed for a majority. As a
result,under the Charter, abstaining members generally do not affect the number of"aye"votes
needed to pass a resolution or motion. Abstentions due to conflicts of interest create an
exception to this rule, as discussed below
NOTE: Rosenberg's Rules have two ways to count votes: "present and voting"vs. "present."
Rosenbergs default rule is to count those members"present and voting." However,the Charter
provision about resolutions and motions uses the words"in attendance at the meeting,"which
puts Fridley under the"present" system for counting votes. Again,Rosenberg's Rules say you
follow the City Charter, City Code,or state law if there is a conflict.
OTHER ACTIONS
Section 205.05 of the Fridley City Code requires a four-fifths (4/5ths)vote to amend the zoning
ordinance (Chapter 205). See Fridley City Code, §205.05.4. In addition,the council must
unanimously approve an ordinance amending the City Charter,for amendments recommended
by the Charter Committee. Minn. Stat. §410.12, subd. 7(city council vote on proposed charter
amendment ordinance recommended by charter committee"is enacted if it receives an
affirmative vote of all members of the city council").
39
Attachment B
CONFLICTS OF INTEREST
Often,people use the term"abstention"when council members do not bor vote because of a
conflict of interest. This usage is perfectly appropriate. In fact,the State Auditor uses the term
"abstention"to describe this situation. See Minn. State Auditor, Statement of Position: Meeting
Minutes (Jul. 2012), at 2(available at
hqp://www.auditor.state.mn.us/other/Statements/meetingMinutes 0710 statement.pd (advising
that cities should record "abstentions from voting due to a conflict and the member's name and
reason for abstention").
However,Minnesota law treats the situation where a member"abstains"because he or she has a
conflict of interest and is prohibited from voting differently than an ordinary abstention. If a
council member is prohibited from voting due to a conflict of interest,then it is as though the
member's seat is temporarily vacant for purposes of that vote. See Minn. Att'y Gen. On. 396g-
16 (Oct. 15, 1957).
For ordinances in Fridley,this makes no difference. An ordinance requires 3 "ayes,"no matter
what. Fridley City Charter, § 3.04.
However,this situation could impact the number of votes needed to pass a resolution or motion.
Again,the Charter requires a majority of those"in attendance"to vote for a resolution or motion,
in order for it to pass. Fridley Cily Charter, § 3.04. A member who is disqualified due to a
conflict of interest(and abstains)would not be considered to be "in attendance," for purposes of
that vote only.
Some examples may make this rule clearer.
1. All 5 members attend, and 1 has a conflict of interest. The vote on the resolution is 3
"ayes," 1 "no," and 1 abstention (due to the conflict). The resolution passes, because a
majority (3 out of 4) voted for it. Again, the seat of the member with a conflict is
temporarily considered to be vacant, which means he or she is not considered "in
attendance." As a result, that member is not included in calculating the number votes
needed for a majority.
2. 4 members attend, and none have a conflict of interest. The vote on the resolution is 2
"ayes" and 2 "nos." The resolution fails because it does not have a majority (3 out of 4
would be needed).
3. 4 members attend, and 1 has a conflict of interest. The vote on the resolution is 2 "ayes,"
1 "no," and 1 abstention (due to the conflict). The resolution passes, because a majority
(2 out of 3) voted for it. Again, the member is not included in calculating the number of
votes needed for a majority, because his or her seat is considered temporarily "vacant"
for purposes of that vote.
40
4. 4 members attend, and 1 has a conflict of interest. The vote on the resolution is 2 "ayes"
and 2 abstentions (1 abstention due to a conflict of interest and 1 ordinary abstention).
The resolution Rasses because a majority of those"in attendance" (2 out 3)voted for it.
Again, under the Fridley City Charter, an abstention ordinarily has the same effect as a
"no"vote. Only the member who abstains due to a conflict is not counted in figuring out
how many votes are needed for a majority. The important issue here is the reason for the
abstention,not just label of abstention.
5. 4 members attend, and 2 have a conflict of interest. The vote on the resolution is 2
"ayes"and 2 abstentions(both due to a conflict of interest). The resolution does not pass,
because there is not a quorum of the council for purposes of that vote (again, the CQ
Charter requires 3 members for a quorum).
* Section 3.03 of the City Charter suggests a different quorum number exists for
canvassing an election,however, it does not appear that this is the case.
41
CITY OF FRIDLEY
A G E N D A
PLANNING COMMISSION MEETING WEDNESDAY, MARCH 19, 2014 7:00 P.M.
======================================================================
LOCATION: COUNCIL CHAMBERS
FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE NE
CALL TO ORDER:
ROLL CALL:
APPROVE PLANNING COMMISSION MEETING MINUTES: JANUARY 15, 2014
PUBLIC HEARING
1. :
Consideration of a Preliminary Plat, PS #14-02, by Fridley Land LLC, a Minnesota Limited
Liability Company, fee owner of the property situated in the County of Anoka, State of
Minnesota and described as: Lots 1 and 2, Block 1, Armament Systems Division, Anoka
County, Minnesota, to be reconfigured through platting as: Lots 1, 2, & 3, Block 1,
Northern Stacks, generally located at 4800 East River Road NE.
2. RECEIVE THE MINUTES OF THE DECEMBER 2, 2013, PARKS & RECREATION
COMMISSION MEETING.
3. RECEIVE THE MINUTES OF THE FEBRUARY 3, 2014, PARKS & RECREATION
COMMISSION MEETING.
4. RECEIVE THE MINUTES OF THE NOVEMBER 12, 2013, ENVIRONMENTAL QUALITY &
ENERGY COMMISSION MEETING.
5. RECEIVE THE MINUTES OF THE JANUARY 14, 2014, ENVIRONMENTAL QUALITY &
ENERGY COMMISSION MEETING.
6. RECEIVE THE MINUTES OF THE JANUARY 2, 2014, HOUSING & REDEVELOPMENT
AUTHORITY COMMISSION MEETING.
7. RECEIVE THE MINUTES OF THE MARCH 5, 2014, APPEALS COMMISSION MEETING.
OTHER BUSINESS:
ADJOURN