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See "Counting the Votes of <br />Council Actions Parts I and IT," <br />Minnesota Cities (May 2006, p. <br />19; June -July, p. 19) for more <br />information. <br />Minn. Stat. § 412.191, subd. 4 <br />(summary of ordinances). <br />Minn. Stat. § 412.851 (vacation <br />of streets). <br />Minn. Stat. § 412.191, subd. 4. <br />Minn. Stat. § 462.357, subd. 2b. <br />CHAPTER 7 <br />When a council prepares precise findings of relevant facts, the result is a <br />well - reasoned decision. When a council can demonstrate its conclusions are <br />consistent with all the facts in the record, its decision is likely to be upheld <br />if judicially challenged. The record should also demonstrate compliance <br />with all constitutional requirements, as well as with all procedural <br />requirements. Often, due - process deficiencies, such as lack of notice, <br />provide grounds for appeal. <br />III. Motions, resolutions, and <br />ordinances <br />A. Passing motions, resolutions, and <br />ordinances <br />Any councilmember, 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. After the council has <br />completed all consideration and discussion of the matter, the presiding <br />officer should read the ordinance or resolution and call for a vote. <br />If the council decides to refer the matter to a committee, the committee may <br />conduct an investigation and recommend passage of the ordinance or <br />resolution in its original form or in an amended form, or it may reject the <br />ordinance or resolution. Debate on the ordinance or resolution may take <br />place at the time of its introduction, while a committee is considering it, <br />and after the 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 in order to be adopted. To illustrate: if two <br />members of the council vote in favor of a resolution, one votes against it, <br />and two abstain from voting, the resolution passes. State law requires some <br />resolutions to be adopted by more than a majority of those voting on the <br />resolution. For example, a resolution to approve summary publication of an <br />ordinance requires a four - fifths vote of the members of the council. And a <br />four -fifths vote of the members of the council is required to vacate a street. <br />Ordinances, on the other hand, must be enacted by "a majority vote of all <br />the members of the council," except where a larger number is required by <br />law. Therefore, on a five - person 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 is required to change the <br />classification of land in a zoning district from residential to commercial or <br />industrial. <br />HANDBOOK FOR MINNESOTA CITIES This chapter last revised 8/2011 - 7:27 <br />