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I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />more anti-truSt cases are decided. It is possible that the courts <br />will'increaseithe available defenses to the city, such as good <br />faith actli~n bY the city officials, or that Congress may amend the <br />anti-trustilaws to limit or eliminate the exposure of government. <br />However, oneo!thing is.clear, until that time you must understand <br />the issueS'an~ guard against the increased risks. <br /> <br />IV. RECOMMENDED PROCEDURES TO KEEP OUT OF COURT <br /> <br />1. Pre-Application <br /> <br /> a) Review 'your ordinances and make sure that the standards <br /> fop approving 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 o~dinances prescribe the statutory <br />correct notice p%riods. <br /> <br />c) <br /> <br />Ma~e sure your comprehensive plan and ordinances fit <br />together. <br /> <br />d) <br /> <br />e) <br /> <br />f) <br /> <br /> Codify all informal policies as ordinances if you <br />: e~ect to rely upon them. <br /> <br /> Make sUre your application forms set forth all <br /> requirement. <br /> <br /> Adopt a conflic~ of interest policy. <br /> <br />g) Adopt procedures for governing public meetings, <br /> p~esentation of information and adhere to them. <br /> <br />~ppl~ic~tion Process Before City Staff <br /> <br />a) <br /> <br />b) <br /> <br />c) <br /> <br />cl) <br /> <br />e) <br /> <br />Inform applicant at outset of all city requirements. <br />Memo to applicant regarding same. <br /> <br />Staff must be careful of what they sa~; must appear and <br />be unbiased. <br /> <br />Stress importantce of meeting deadlines. <br /> <br />Make sure applicant has copies of all relevant <br />ordinances, plans, policies, etc. <br /> <br />-26- <br /> <br /> <br />