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IT~ 4.4. <br /> <br />of <br /> <br />MEMORANDUM <br /> <br />TO: <br /> <br />FROM: <br /> <br />DATE: <br /> <br />SUBJECT: <br /> <br />Mayor and City Council <br /> <br />Sandra Thackeray, City Clerk <br /> <br />May 26, 1998 <br /> <br />Request for Conditional Use Permit for <br />Boys and Girls Club of Elk River <br /> <br />On Monday, May 18, 1998, the City Council reviewed a request for a <br />conditional use permit for the Boys and Girls Club of Elk River. Prior to <br />voting on the CUP, it was decided that two of the council members would <br />abstain because they serve on the Boys and Girls Club Board of Directors. <br />The vote would have been a 2-0-2 vote with two council members voting in <br />favor and two abstaining. I was uncertain as to whether two votes in favor <br />would have been sufficient to pass the motion. Therefore, a vote on the issue <br />was tabled. <br /> <br />After doing some research on "Abstentions," I found the subject to be very <br />complicated. To make a long explanation short, in the instance of a majority <br />vote, a 2-0-2 vote would pass if the two voters are abstaining because of a <br />personal interest or conflict of interest in the matter. If the two abstentions <br />chose to abstain just because they chose not to vote on the matter, the vote <br />would not pass. <br /> <br />In essence, the issue is complicated and the advice that is normally given is <br />to avoid this type of situation whenever possible. <br /> <br />In Summary ..... In this case, a 2-0-2 vote would pass the conditional use <br />permit. <br /> <br />13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 <br /> <br /> <br />