Updated by Angie Storlie

NOTE: This is Part One in a two-part series.

There 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. The following is a list of council actions and corresponding vote-counting requirements, but keep in mind that charter cities, and some forms of statutory cities, may have different requirements.

Motions and resolutions. In a statutory city, there must be a quorum of the council present to hold a meeting. Three members of a five-member council constitute a quorum. 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. Charter cities must look to their charters for quorum and voting requirements.

Ordinances. In a statutory city, the law requires a majority vote of all members of the council to pass an ordinance. For example, on a five-member council, at least three affirmative votes are needed to pass an ordinance, regardless of how many council members are present. Charter provisions must not conflict with state law in this regard.

Summary publication of ordinances. Statutory cities may publish a summary of an adopted ordinance rather than the entire text. It takes a four-fifths vote of all members of the council (at least four votes on a five-member council) to direct that only the title and summary be published. However, approval of the actual text of the summary requires only a simple majority.

Zoning. State law requires a two-thirds vote of all members of the council (at least four votes on a five-member council) when a statutory or charter city rezones all or part of a district from residential to commercial or industrial. Other zoning amendments, including the adoption of a new zoning ordinance, require a simple majority vote of all members of the council (at least 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.

Comprehensive plans. Adopting or amending a comprehensive plan requires a two-thirds vote of all members of the 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 proposed sale of city land. The council can override this review if it finds by a two-thirds vote of those members present that 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 members of the council to adopt a resolution reducing appropriations or transferring funds. All other cities may modify the budget by a simple majority.

Local improvements. Unless property owners petition for a proposed improvement, it requires a four-fifths vote of all members of the council to order an improvement paid for by special assessments.

Official interest in contracts. Generally, a council member may not have a financial interest in a city contract. However, the law allows certain exceptions to this rule. In those specific situations, the contract must receive a unanimous vote of approval from the remaining council members.

Streets. Under certain circumstances, a city can sell bonds for street reconstruction without holding an election. It takes a two-thirds vote of all members of the council 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 to vacate a street in a statutory city.

Accepting gifts. A city may accept gifts or donations by resolution, approved by a two-thirds vote of all members of the council.

Park boards. A statutory city can create a park board by ordinance. But once it exists, it takes a unanimous vote of all members of the council to abolish it.

Storm sewer improvement tax district. It takes a two-thirds vote of all members of the council to adopt an ordinance establishing a storm sewer improvement tax district.

Part Two in this series will appear in the Jul-Aug Letter of the Law column, and will focus on how vacancies, absences, abstentions, and disqualifications affect the number of votes required for council action.

Angie Storlie is research analyst with the League of Minnesota Cities. Contact: [email protected] or (651) 215-4176.

This article originally appeared in the February 1990 and May 2006 issues of Minnesota Cities magazine.