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<br />t <br /> <br />LMC <br /> <br />LMCIT <br />Risk Management Infonnation <br /> <br />Le4f1W/ 0/ Minnesota CUies <br />C1ties promoung e~centmC(J <br /> <br />145 University Avenue West, St. Paul, MN 55103-2044 <br />Phone: (651) 281-1200. (800) 925-1122 <br />Fax: (651) 281-1298 . TDD (651) 281-1290 <br />www.lmcit.Imnc.org <br /> <br />TEN TIPS FOR AVOIDING LAND USE CLAIMS <br /> <br />1. Regularly Review Land Use Controls. Periodically review zoning and subdivision <br />regulations to insure that regulations are consistent with recent laws, court decisions, staff <br />interpretations, unwritten city policies, comprehensive plans, and other community goals. <br /> <br />2. Process requests in a timely manner. Process applications for zoning and subdivision <br />approvals in a timely manner, paying particular attention to internal ordinance <br />requirements and the statutory 60 day rule. If city can not act on application within the <br />60 day period, make sure written notice is sent to the applicant in order to extent the <br />period for an additional 60 days. <br /> <br />3. Give appropriate notices. Make sure all required public hearing notices are given. <br />(E.g., comply with statutory mailed and published notice requirements, ordinance <br />requirements or past practices.) <br /> <br />4. Avoid making promises. The City council, planning commission members, and city <br />staff should avoid making promises to the applicant, neighbors or others. City staff <br />should refrain from speaking for the council. <br /> <br />5. Public body as unbiased fact finder. The City Council/planning commission should <br />avoid prejudging applications. The body holding the public hearing is supposed to be <br />acting like an impartial judge. <br /> <br />6. Develop written hearing procedures. Develop v,Titten public hearing procedures so <br />everyone is aware of the process in advance. Procedures should address issues such as <br />the order of the hearing, time limits on presentations, urging those with common views to <br />choose a spokesperson, and demanding respect and proper decorum during the hearing. <br />Personal attacks against the applicant, city council, city staff, and others should not be <br />tolerated. <br /> <br />7. Assure process for eliciting relevant facts. Hearing should be designed to elicit all <br />relevant facts. Each side should be given sufficient time to offer relevant testimony and <br />evidence. <br /> <br />8. The role of neighborhood opposition. Neighborhood opposition alone is not a basis for <br />denying an application. The city council/planning commission should take care to <br />