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