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10-04-88 CCM
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10-04-88 CCM
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LAKE ELMO CITY COUNCIL MINUTES OCTOBER 4, 1988 PAGE, 7 <br />8. Report of Water Advisory Committee: Hugh Madson, Chairman <br />Committee Chairman, Hugh Madson, thanked the members of the Water <br />Advisory Committee for a very thorough job. Recommendations were made <br />by the Committee to simplify the rate structures and to set fees by <br />Resolution through an ordinance amendment. <br />M/S/P Graves/Johnson - to receive the Report by the Water Advisory <br />Committee and direct the Staff and City Attorney (to only review <br />sections that would have legal ramifications) to review the Code, <br />Sections 600 through 605, and present a proposed Ordinance amendment <br />and Resolution, relative to fee structure, to the Council for <br />consideration. (Motion carried 4-0). <br />9. CITY ATTORNEY'S REPORT: Steve Carlson <br />Steve Carlson handed out the monthly City Attorney's Report. <br />In regard to the payment of the 201 Real. Estate taxes, Councilman Moe <br />asked if the time of the filing affected the taxes that were going to <br />be paid. Attorney Carlson stated that under the Statutes, they <br />provide during the acquisition process provision should be made for <br />the payment of the taxes. If the taxpayer already paid those taxes, <br />that is the provision that was made. If the taxpayer had not paid <br />those taxes, then the City is responsible for them. The concern he <br />would have is that if the taxes have been paid then the City were to <br />reimburse the taxpayer, that could be construed as illegal. Carlson <br />added that there is a fine distinction between an acquisition of a <br />property through negotiation than through condemnation. <br />Councilman Graves asked if the previous owners of the property had to <br />pay taxes on the property at the time they did not own it? Carlson <br />responded, "no, the taxes that are assessed in 1987 are not payable <br />until 1988". The taxes they were actually paying for in 1988 were <br />taxes that were assessed back in 1987 when they owned the property. <br />Councilman Johnson voiced his concern if the City has treated all of <br />these people equally. Carlson stated different laws or procedures <br />apply between condemnation and negotiations, but the property owners <br />have been treated equally under the law. <br />1.0. CITY ADMINISTRATOR'S REPORT: <br />A. Verification of Vote for Appeal to Municipal Board's Decision <br />A telephone vote was taken on the decision to appeal the Municipal <br />Board's decision to allow annexation of the Brochman and Fraser <br />properties to Oakdale. The staff requested Council verification of <br />this decision so it may be a matter of record. <br />Councilman Graves questioned what legal avenues the City Attorney <br />would be looking at. The Council asked if the appeal process had been <br />started and if it has, how far has it gone? Administrator Morrison <br />responded the City Attorney was reviewing the State Statutes and she <br />will get an update for the Council, or request the Attorney to address <br />these issues at the 10/18 meeting, <br />
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