JOINT PLANNING AND LAND USE CONTROL

1. The purpose of this section of the Agreement is to provide for the joint exercise of governmental authority by the City and Township pursuant to Minn. Stat. 471.59 and 414.0325, Subd. 5 in order to insure orderly development within the annexation area in accordance with this Orderly Annexation Agreement and the City’s Comprehensive Plan.
2. The powers set forth herein shall be exercised by a four (4) member board consisting of two (2) City Council members appointed by the City and two (2) Township Board members appointed by the Township Board of Supervisors.
3. The Joint Board will review official controls necessary to regulate development of property and development applications within the Orderly Annexation Area before its annexation by the City in order to insure that the property remains in a status available for development into urban density residential uses in accordance with the City’s Comprehensive Plan.

As to property within the Orderly Annexation Area after its annexation into the City, the Joint Board shall have the following delegated powers:

1. Approve amendments to the City’s Comprehensive Plan relating to the Orderly Annexation Area;
2. Approve the initial adoption of, amendments to, or variances from the City’s official controls relating to the Orderly Annexation Area.
3. Approve any special assessment and sanitary sewer and water hook-up ordinance, or policy and any amendments for consistency with Section Six.
4. Approve the Rural Service Taxing District ordinance or any amendments thereto, for consistency with Section Seven herein.
5. Review and comment on the consistency of any development application with City’s Comprehensive Plan and Orderly Annexation Agreement.
6. All matters subject to approval by the Joint Board shall be processed in the same manner by the City as any other such matter. Any required public hearing before the City Planning Commission or City Council shall also be noticed as a public hearing before the Joint Board.  

Final action by the City may not be taken unless the Joint Board certifies approval of the action. If the Joint Board fails to certify approval, the Joint Board Members shall designate a qualified neutral from the Minnesota Supreme Court Certified Neutrals list to conduct Alternative Dispute Resolution (“ADR”) in the form of mediation/arbitration (“Med-Arb”) or such other agreed upon ADR format. If mediation fails, the Neutral will issue a recommended decision. The Joint Board will adopt Findings of Fact and Decision consistent with the Neutral’s recommendation and supported by the.administrative record developed by the City and Joint Board. The Neutral shall base the recommended decision on the City and Joint Board administrative record, any applicable provision of the Orderly Annexation Agreement and legal principles which the Joint Board and City are required to follow in determining the matter at issue.

 7. Development applications subject only to review and comment by the Joint Board shall be processed in the same manner as all other development applications except as follows:

1. The Joint Board shall meet before the Planning Commission completes its consideration of the application. Minutes of the Joint Board’s discussion of the application shall be included in materials submitted to the Planning Commission. No public hearing need be conducted at the Joint Board meeting;
2. The Township Board representatives on the Joint Board shall be ex officio members of the City Planning Commission when any development application subject to the Joint Board’s review and comment is being considered, and shall be provided with all staff reports and other documentation provided to City Planning Commission members.