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Voting Requirements for -Council Actions city council can generally take action by simple majority vote. However, sometimes statutes or charter provisions require certain council actions to be approved by a unanimous vote or by an extraordinary majority vote, such as a four -fifths or two-thirds vote. Keeping track of the number of votes required for various actions can be confusing. This article highlights some of the statutes that require something more than a simple majority vote to approve certain types of council action. It is important to review the specific wording of the relevant statute when determining how many votes are required. For example, assume a statute requires a council to approve an action by a "four -fifths vote of all its members." This means the action will only be effective if four -fifths of the total num- ber of members of the council are present and vote to approve the action. In con- trast, assume the statute simply requires the council to approve the action by a "four -fifths vote." This means the action will be effective if at least a quorum of the council is present and four -fifths of the quorum vote to approve it. Zoning ordinances. Adoption or amendment of zoning ordinances gen- erally requires a simple majority vote of all members of the council. However, adoption or amendment of any portion of a zoning ordinance changing all or part of a zoning district from residential to commercial or industrial requires a two-thir e [Minn. Stat. $ 462.357, subd. 2(b)]. Comprehensive plans. A compre- hensive plan can only be adopted or amended by resolution approved by a two-thirds. vote (Minn. Stat. § 462.355, su6U3). Abolishing a planning agency. A planning commission or planning department can only be abolished by a By Susan. Naughton two-thirds vote (Minn. Stat. § 462.354, s _. Capital improvements and acquisition or disposal of real property. If a city has a comprehensive plan, the planning agency must review any proposed capital improvement or acquisition or disposal of real property by the city. However, the council can dispense with this review, by resolution approved by a two-thirds vote, if it finds that the proposed action has no relationship to the comprehensive plan (Minn. Stat. 462.356, subd. 2). Official interest in contracts. A councilmember generally may not have a financial interest in a city contract. However, there are certain exceptions to this rule. These exceptions can only be approved by a unanimous vote (Minn. Stat. C 471.88, subd. 1). Local improvements. It takes a four -fifths vote to adopt a resolution app�virig ari improvement project that will be financed with special assessments, unless the owners of at least 35 percent of the property to be assessed have petitioned for it (Minn. Stat. § 429.031, subd. 1). It takes a four -fifths vote to adopt.a resolution app or"�vuig any park improvement that will be financed with special assessments regardless of whether there has been a petition (Minn. Stat. C 429.031, subd. 2). Charter amendments. A proposed charter amendment generally must first be submitted to the charter commission. However, in a city with a population under 10,000, the council can, by ordi- nance passed by a four -fifths vote, put proposed amendments directly to the voters (Minn. Stat. S 410.12, subd. 6). Under certain circumstances, the council can amend the charter by ordinance passed by a unanimous vote (Minn. Stat. § 410.12, sbud. 7). Summary publication of ordinances. Instead of publishing the entire text of an ordinance, statutory cities may publish a summary under certain circum- stances. It takes a four -fifths vote to approve summary publication (Minn. Stat. 5 412.191, subd: 4). Park board. It takes a unanimous vote to adopt an ordinance ado i ping statutory statutory park board. It takes a two- thirds vote to change its size (Minn. Stat. 5 412.501). Street vacation. It takes a four -fifths vote to approve a reso u)"t o 'vacactng a SC_ or alley, unless there has been a petition from a majority of the abutting landowners (Minn. Star. 5 412.851). Street reconstruction. Under certain circumstances, a city can sell bonds for street reconstruction without holding an election. It takes a up ous. vote to_ approye this, type__9f bond, sale (Minn. Stat. C 475.5, subd. 3b). Accepting gifts. A city may accept a gift by resolution approved by a twos .thirds ygte (Minn. Star. 5 465.03). Storm -sewer improvement tax district. It takes a two-thirds vote to adopt an ordinance establishing a storm -sewer improvement tax district (Minn. Stat. 5444.17). Budget modification. After the budget resolution has been adopted, it takes a four -fifths vote to adopt a resolution reducing the sums appropriated for any purpose or authorizing the transfer of sums from unencumbered balances of appropriations in the budget resolution to other purposes (Minn. Stat. S 412. 731). Abolition of police civil service com- mission. It takes a unanimous vote to abolish a police civil service commission (Minn. Stat. C 419.16). r Susan Naughton is research attorney with the League of Minnesota Cities. Phone: (651) 281-1232. E-mail: snaughto@ Ininc. org. Nov EMBER-DECENIBER 2002 MI NNESOTA CITIES 1 9