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Counting the Votes on Council Actions (Part q here are two factors to keep in mind when counting votes on city council actions: first, carefully note the wording of the relevant statute; and second, be aware of your form of city government. Charter cities, and some forms of statutory cities, may have different voting requirements than do commonly organized statutory cities. Motions and resolutions. In a statu- tory city, there must be a quorum of the council present to hold a meeting. Three members of a five -member council constitute a quorum, and a majority of those members present must vote "yes" to pass an action. If three members of a five -member council are present and a simple majority (or two members) vote in favor of a motion or resolution, the action passes. Ordinances. In statutory cities, it takes a majority vote of all members of the council to pass an ordinance. Thus, three affirma- tive votes are needed to pass an ordinance, even if one or more councilmembers are absent.The law requires a majority vote of all members, as opposed to a majority of those present. Charter cities must look to their charters to determine what votes are required for ordinances and resolutions. If a charter is silent on the number of votes required for a particular action, a charter city may rely on statutory city law for the number of votes needed. Zoning. The number of votes required for zoning decisions depends on which classifications are being adopted or changed. State law requires a two-thirds vote of all members of a council —or four votes on a five - member council —when a statutory or charter city adopts or amends a zoning ordinance that changes all or part of the zoning classification of a district from residential to commercial or industrial. For other zoning decisions, pass- ing or amending a zoning ordinance By Jeanette Behr requires a simple majority vote of all members of the council (three votes on a five -member council). According to the Minnesota attorney general, charter cities may not require a greater number of votes than a simple majority for typical zoning decisions, even if the city charter states otherwise. Comprehensive plans. Adopting or amending a comprehensive plan requires a two-thirds majority of all members of the council or four votes on a five -member council. If a city has a comprehensive plan, the planning agency has 45 days to review proposed capital improvements (public buildings or roads) or a pro- posed sale of city land.The council can override this review if it finds by a two-thirds vote (of those present) the proposed action has no relation to the comprehensive plan. Budget modifications. In a Plan B statutory city, after a budget resolution has been adopted, it takes a four -fifths vote of all the councilmembers (four votes on a five -member council) to adopt a resolution reducing appropria- tions or transferring funds. Local improvements. Unless property owners petition for a proposed improve- ment, it requires a four -fifths vote of all members of the council to order an improvement, paid for by special assess- ments.This means four affirmative votes on a five -member council. Official interest in contracts. Gen- erally, a councilmember may not have a financial interest in a city contract. However, the law allows certain excep- tions to this rule. In those specific situations, the contract must receive a unanimous vote of approval from the remaining councilmembers. Summary publication of ordinances. Statutory cities may publish a summary of an ordinance rather than publish- ing the entire text. It takes a four -fifths vote of the council to use the summary publication option. However, approving the actual text of the summary requires only a simple majority. Streets. Under certain circumstances, a city can sell bonds for street recon- struction without holding an election. It takes a unanimous vote of all the councilmembers to approve this type of bond sale. Unless there has been a petition from a majority of the abutting landowners, it takes a four -fifths vote of all members of the council, or four "yes" votes, to vacate a street in a statutory city. Accepting gifts. A city may accept a gift by resolution, approved by a two- thirds majority vote of its members — or four votes on a statutory city council. Park boards. A statutory city can create a park board by ordinance. But once it exists, it takes a unanimous vote of the entire council to abolish it. Storm sewer improvement tax district. It takes a two-thirds vote of all council - members (four votes on a five -member council) to adopt an ordinance estab- lishing a storm sewer improvement tax district. Next Month: Part 2. Part 2 of this article will appear in the June "Did You Know" column, and will focus on how vacancies, absences, abstentions, and disqualifications affect the number of votes required for council action. r Jeanette Behr is staff attorney with the League of Minnesota Cities. Phone: (651) 281-1200. E-ttiail:jbehr@lninc.org. 7his article originally appeared in the February 1990 issue of Minnesota Cities magazine. MAY 2 0 0 6 M I N N E S O T A CITIES 19