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more anti-trust cases are decided. It 'is possible that the courts <br />will'increase the available defenses to the city, such as good <br />faith action by the city officials, or that Congress may amend the <br />anti-trust laws to limit or eliminate the exposure of government.. <br />However, one. thing is,clear, until that time you must understand <br />the issues and guard against the increased risks. <br /> <br />IV. RECOMMENDED PROCEDURES TO KEEP OUT OF COURT <br /> <br />Pre-Application <br /> <br />a) <br /> <br />Review 'your ordinances and make sure that the standards <br />for a~proving or denying a variance, conditional use <br />permit, rezoning, or zoning text amendment comply with <br />recent cases and Minnesota statutes. <br /> <br />b) <br /> <br />Make sure your ordinances prescribe the statutory <br />correct notice periods. <br /> <br />c) <br /> <br />Make sure your comprehensive plan and ordinances fit <br />together. <br /> <br />d) <br /> <br />Codify all informal policies as ordinances if you <br />expect to rely upon them. <br /> <br />e) <br /> <br />Make sUre your application forms set forth all <br />requirement. <br /> <br />f) Adopt a conflic~ of interest policy. <br /> <br />g) <br /> <br />Adopt procedures for governing public meetings, <br />presentation of information and adhere to them. <br /> <br />Application Process Before City Staff <br /> <br />a) Inform applicant at outset of all city requirements. <br /> <br />b) Memo to applicant regarding same. <br /> <br />c) <br /> <br />Staff must be careful of what they say; must appear and <br />be unbiased. <br /> <br />d) Stress importantce of meeting deadlines. <br /> <br />e) <br /> <br />Make sure applicant has copies of all relevant <br />ordinances, plans, policies, etc. <br /> <br /> <br />