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HomeMy WebLinkAbout[04a] Minutes - 2018 Nov 19 JBNovember 19, 2018 Page 1 of 1 Pursuant to due call and notice thereof, the St. Joseph City Council and St. Joseph Township Board meet in joint session on November 19, 2018 at 7:00 PM at the St. Joseph Government Center. St. Joseph Town Board Members Present: Mark Thompson, Chair. Supervisors Ralph Eiynck, Steve Gohman. Town Clerk Ann Reischl. Township Attorney Mike Courri. St. Joseph City Council Member Present: Acting Mayor Dale Wick. Councilmembers Bob Loso, Anne Buckvold, Troy Goracke. City Administrator Judy Weyrens. City Attorney Tom Jovanovich. Acting Mayor Dale Wick and St. Joseph Township Chair Mark Thompson called the Joint meeting of the City and Township to order. City Attorney Tom Jovanovich stated that that the City and Township are being asked to affirm the prior action approving the Orderly Annexation Agreement. Jovanovich clarified that the City and Township had previously entered into an Orderly Annexation Agreement that by its terms rescinded and replaced the prior agreement. This agreement has been approved by both the Town Board and the City Council and constitutes a valid and binding contractual obligation of the parties with respect to the terms. In order to satisfy a technical requirement of Minn. Stat. 414.0325, Subd. 1b, notice is required to be published 10 days before a new area is designated for orderly annexation. This requirement was brought to the City’s attention by the Office of Administrative Hearings Municipal Boundary Adjustments Unit. Both the City and the Town Attorney were proceeding under the theory that the OAA was an amendment to the existing agreement and therefore no notice was required. No new area has been designated, however, the existing area is essentially being re- designated. The City Attorney recommends re-approval of the Orderly Annexation Agreement now that the notice provision has been satisfied. Township Chair Mark Thompson questioned if the Township Attorney had any comments at this time. Courri stated that he agrees with Jovanovich and the need to affirm the Orderly Annexation Agreement was a result of a technical provision. Therefore he is recommending the Township Board approve the agreement. St. Joseph Township: Thompson made a motion authoring execution of the Joint Resolution for Designation Of An Area For Immediate Annexation Pursuant to Minnesota Statutes § 414.0325. The motion was seconded by Gohman and passed unanimously. City of St. Joseph: Loso made a motion authoring execution of the Joint Resolution for Designation Of An Area For Immediate Annexation Pursuant to Minnesota Statutes § 414.0325. The motion was seconded by Buckvold. Ayes: Loso, Goracke, Buckvold Nays: Wick Motion Carried 3:1:0 Adjourn: Thompson made a motion to adjourn at 7:15 PM; seconded by Goracke and passed unanimously by those present. Mark Thompson, Township Chair Dale Wick, Acting Mayor