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02-27-2023 Council Work Session Packet
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02-27-2023 Council Work Session Packet
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RELEVANT LINKS: <br />League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 <br />Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 36 <br /> The record should also demonstrate compliance with all constitutional <br />requirements, as well as with all procedural requirements. Often, due- <br />process deficiencies, such as lack of notice, provide grounds for appeal. <br /> IV. Motions, resolutions, and ordinances <br /> A. Passing motions, resolutions, and ordinances <br />See Section IV C - <br />Ordinances for information <br />regarding the requirements <br />for providing notice of <br />proposed ordinances. <br />Any council member, including the mayor, may introduce an ordinance or <br />resolution. When ordinances or resolutions are before the council, the <br />council may act upon them at once, refer them to a committee for study and <br />recommendation, postpone consideration to some future time, or take any <br />of the other subsidiary or privileged motion actions. <br /> After the council has completed all consideration and discussion of the <br />matter, the presiding officer should read the ordinance or resolution and call <br />for a vote. <br /> If the council decides to refer the matter to a committee, the committee may <br />investigate and recommend passage of the ordinance or resolution in its <br />original form or in an amended form, or it may reject the ordinance or <br />resolution. Debate on the ordinance or resolution may take place at the time <br />of its introduction, while a committee is considering it, and after the <br />committee has reported its findings and recommendations. <br /> Most resolutions and procedural motions of the council must receive a <br />majority of the votes cast to be adopted. To illustrate: if two members of the <br />council vote in favor of a resolution, one votes against it, and two abstain <br />from voting, the resolution passes. <br /> <br />Minn. Stat. § 412.191, <br />subd. 4. <br />Minn. Stat. § 412.851. <br />State law requires some resolutions to be adopted by more than a majority <br />of those voting on the resolution. For example, a resolution to approve <br />summary publication of an ordinance requires a four-fifths vote of the <br />members of the council. Likewise, a four-fifths vote of the members of the <br />council is required to vacate a street. <br />Minn. Stat. § 412.191, <br />subd. 4. <br /> <br />Minn. Stat. § 462.357, <br />subd. 2b. <br />Ordinances in statutory cities must be enacted by “a majority vote of all the <br />members of the council,” except where a larger number is required by law. <br />Therefore, on a five-member council, an ordinance would need at least <br />three favorable votes to pass. State law requires a larger number in some <br />circumstances. For example, a two-thirds vote of all the members of a city <br />council is required to change the classification of land in a zoning district <br />from residential to commercial or industrial.
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