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SEP -02 -1998 12 46 LEAGUE CF hN CITIES P.02'12 9 . Did you know? peter Tri li”. a Counting the votes on council actions t . y . M . � Moat of the time on most matters, a quorum be present and that a majority Abolishing a planning age city council acts by majority vote. But, of the quorum vote in favor. (A.G. Op. w a cotmcfi i . can create a plannin . as seems oaten to be the case is law 471 -m Oct. 30, 1996, LMC 41581. cy tnmission or planning department and government, even a seemingly See also Jensen v. h dependen Con• i mp l e o df nenc e, ft req uire s a tan " simple concept kite this can gat aurpris School DisGict No 85,' 160 gum n 233, a s t v to abolish it. CM 4 ` inggy complicated and confusing. Some- 199 NW 911 1924), Thus, if everyone times statutes or charter provisions k present and voting, it takes three subd. 1 . ) i ' require an extraordinary majority, such affirmative votes to pass a motion or as four- Afths require a ttnStous or two- tbirdds; hi other resolution in cities with fve- member Cap llisitl o ri OT dispOSal of real ital improvements and rases the statutes , councils. or four Votes 1l fi there are aCtl ^ . vote. s even members. `4 Keeping track of how many votes Charter cities must look to their own ProPer are required for various kinds of actions charters to determine what votes are If the city has a comprehensive plan, can be confining enough. But what if required for ordinances and the planning agency must review any there is a vacancy on the council? Or if resolutions. proposed capital improvements or dk• one or more of the members is absent? posal of real property by the city. The Or If one of more of the members council can dispense with that review if. present chooses not to vote? Or if one St requiring a finds by a two- thirds vote that the' or more of the members ;s disqualified extraordinary votes proposed action has no relation to the from voting because of a conflict of comprehensive plan. (M.S. 462.356, interests This amide will address these Several statutes require more tha subd. 2.) topics to try to sort these issues out simple tn*jority to take certain kind of for city officials. action, Some of these statutes are listed below. Except where noted, Official interest in contracts use staff cities. both to statutory Generaly, a council member may ` How many votes are not have a financial interest in a city , needed? contract However, the statutes allow The place to start is with the simple zoning ortlinanees certain exceptions to this rule. These' case, where the entire council is prey exceptions are permitted only with' ent and all of them vote. Abstentions, Passing or amending a soning ordi- unaaitnous approval by the council. disgualificitions, absences, and ratan, nance requires a two-tlilrds majority of (M.S. 471.88.) This probably means; I cies present farther issues which w91 all members of the council. This means that the interested party should vote i lam be addressed later. fo votes on a Ave- member connc8, on the contract if the interested party To pass an ordinance in a statutory or five votes on a seven- member coup- is present; this is apparently an nap- city takes a majority vote of an men- (M.S. 482.357, subd. 2.) A Counall don to the general rule that a person bens of the counal M.S. 412.191, may ado, pt an inte zoning ordinance should not vote on a matter in which' 4). Most statutory cities have by a unapt. major vote, however. that person is personally interested. five - member councils, so this means (A.G. Op. 63 -b-14, Oct. 6, 1982, LMC One alternative might be to leave the 1 that three votes are normally Deeded 600e -) room during the vote. T: to pass an ordinance. It a statutory f cities with a seven - member council, it 8t16iVe plans LDCaI improvements takes four votes to pass a normal P Ordinance, Adopting or amending a comprehen- Unless the owners of at least 35 To pass a motion or resolution in a sive plan also requires a two - thirds percent of the property to be assessed ; statutory city normally requires that a vote. ('M.S. 462.355, subd. 3.) have petitioned for a proposed i t 20 Minnesota Cities g !