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e e e Minn. Stat. ~ 412.022, subd. 1; Minn. Stat. S 412.02, suM 6. Lindahl v. Independent Sch. Dist, 306, 270 Minn. 164, 133 N.W.2d 23 (1965). Minn. Stat. S 412.191, subd. 4; AG. Op. 4720 (July 31, 1959). Minn. Stat. S 412.221, subd. 33. 13A Dunnell Minn. Digesl Municipal Corporations ~~ 4.0()"04. 166 HA)/OBOOK FOR MINNESOTA CITIES If the slatutes require an action to be in ordinance form, the council cannot validly perform the action by resolution. For example, councils need to pass ordinances to establish a four-year term for the mayor or to combine the office of clerk and treasurer. e Councils should use resolutions for any action of a temporary, routine or administrative nature. If the council has a question about the classification of a piece of legislative business, the city attorney should be consulted. If the council has any doubt as to whether an ordinance is necessary. it is best to proceed as if the action requires an ordinance. The courts often view proceedings that are in the form of motions the council approves and records, to be equivalent to a resolution. Motions are probably sufficient for most simple administrative acts. Ordinances Only the city council has the power to enact ordinances. In aJmost all instances, ordinances do not need voter approvaJ. The statutes do not authorize a council to seek voter consent to a proposed ordinance or even to ask for an advisory opinion on its desirability. There is an exception, however, that authorizes advisory elections when the council is deciding whether the city should join a special district or other independent governmental body having taxing powers. In home rule charter cities, the charter may provide for voter approval or advisory elections. City councils can only deal with subjects that the Legislature has expressly authorized them to act on or that directly relate to the statutory grant. In some areas, statutory cities may enact ordinances on subjects that state law already regulates, as long as the ordinances are consistent with the state law. e In addition, councils must adhere to the following general requirements when enacting ordinances: . Ordinances must be reasonably certain in their terms; . Ordinances must be consistent with the Minnesota Constitution and statutes; . Ordinances must not limit or deny any common law or constitutional rights; . Ordinance provisions must not constitute an unreasonable restraint of trade; and, . Ordinance terms must be reasonable. e