Land Use

Q: What is the process for rezoning?

LMC: Rezoning is changing the zoning district assigned to a particular property from one type to another (for example, from commercial to residential). Under state statute, a zoning map is part of a zoning ordinance. So rezoning is a type of zoning ordinance amendment that should be done following the process set forth in the Municipal Planning Act at Minnesota Statutes, section 462.357, subdivisions 2-4.

The statutory process includes a public hearing after published notice. The hearing may be held by the planning commission or city council. If the rezoning affects an area of 5 acres or less, then a similar notice should be mailed to properties within 350 feet. A different provision under the county planning act provides for mailed notice to properties within 500 feet, which can be a source of some confusion.

The statute has a two-tiered voting requirement for the city council. A rezoning ordinance requires a majority vote of all council members — unless the ordinance is rezoning away from residential to commercial or industrial, in which case a two-thirds majority vote of all council members is required. Notably, it used to be that a two-thirds vote was required for all rezoning, but the statutory voting threshold was lowered in 2001 to make it easier to rezone toward residential.

A city ordinance might have additional relevant considerations. Learn more in the LMC information memo Zoning Guide for Cities at lmc.org/zoningguide.

Answered by Land Use Loss Control Attorney Jed Burkett: jburkett@lmc.org.

Meeting Minutes

Q: Is a city required to publish council meeting minutes in the official newspaper?

LMC: Statutory cities under 1,000 in population are not required to publish their council meeting minutes, though they may do so if they choose. Cities with populations over 1,000 must publish meeting minutes, or a summary of the minutes, in their official newspaper. An article covering the council meeting written by a reporter from the newspaper does not relieve the city of the requirement to publish the official minutes. As an alternative to publishing, a city may choose to mail a copy of the minutes upon request. The city bears the mailing cost if they choose this alternative.

If a city does not choose the alternative of mailing minutes upon request, the publication of the minutes must occur within 30 days of the date of the meeting, or, if the council does not meet more than once every 30 days, by 10 days after the minutes are formally approved.

Answered by Research Analyst Angie Storlie: astorlie@lmc.org.

Personnel Policies

Q: There have been significant changes to employment laws in the last year. How do I ensure our personnel policies are up to date?

LMC: You will want to ensure your personnel policies cover changes to recent laws including: CROWN Act protections. Earned sick and safe time. Juneteenth and Indigenous Peoples Day holidays. School conference leave. Bone marrow/organ donation leave. Voting leave. Reasonable work time for nursing mothers, and more.

View the League’s Personnel Policy Template model policy at lmc.org/personnelmodel.

When updating policies, cities will want to keep in mind requirements of the 2019 Minnesota Wage Theft Prevention Act (bit.ly/MNwagetheft). Specifically, the Minnesota Wage Theft Protection Act requires that employers retain a list of personnel policies with brief descriptions, including the date the policies were given to employees.

The records must be retained at a place where employees are working or retained in a manner that allows the city to comply with the Minnesota Department of Labor and Industry (DOLI) Commissioner’s demands within 72 hours. Fines for failure to submit records as required by DOLI increased following the 2023 legislative session from $1,000 to $10,000.

Answered by Assistant Human Resources Director Joyce Hottinger: jhottinger@lmc.org.