04-14-1986 Council Packet - Laserfiche WebLink

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4%A l417Mn L) T 1JI,TM TO: t9ayor & City Council FROM: City Attorney Kathleen t31atz DATE: April 10, i986 RF: Quorums & Effective of Aostentions The City Administr-.tor requested that our office provide the City Council with % morandum on what establishes a quo um for voting purposes and th, :ect of an abstention on the quorum. The analysis provided bclaw a distillation of case law on this subject matLF,r. If you .eve any other specific questions, please let oe kno,, I ...at .'i Quorum. rection 2.02 of the Crono City Code provides that a majority of all the members of the Council shall constitute a quorum although a smaller number may adjourn from time to time. Section 2.02 further prescribes that every ordinance needs a majority vote of all mumbers of the Council except when a different vote is require by law. All other actions of the CQur('a shall be decided by a major : , y vote of a quorum at a Council meet.lag except w"ere the law r.equir,.- a different number. M,nnesot:; Statute' Lao not specify a :.iinimum vote for all actic-t':: .en by a local u..it of govuinment. However, in the areas of the ioption and amendment of zoning ordinances and the comprehensive plan legislature has estabiist:ed that a two-thirds vote 13 required. Minn. Stat. 5462.355, 5462.357 (1984). Given the f.ve member Council, thr members must be pr 1,5ent and voting f ,r roost actions taken b t!ie Council to be ega,ly binding. noting, it is not necessary that the three me......ers constitu :.ie quorum be in agreement. A two to one vote, whether in f:av .n opposition of a motion, is sufficient to dispense wit' —e matter at hand unless an ex,raordinary vote is nice sitateJ jy titatute or ordinance ao .3utlined above.