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January 22,2013 Page 4 of 7 NW intersection improvements. Report No. 13-021. Brighton Exchange Parks. Report No. 13- 023. 7. Consideration of Application for a Solicitor License for ACE Solid Waste,Inc.Report No. 13- 022. 8. Direct the Parks, Recreation and Environmental Commission to Study and Recommend Park Features for the New Brighton Exchange Parks. Report No. 13- 023. Motion by Councilmember Jacobsen,seconded by Councilmember Burg to approve the Consent Agenda as presented. 5 Ayes,0 Nays-Motion Carried Public Hearing Motion by Councilmember Jacobsen,seconded by Councilmember Samuelson to amend the Agenda Council Business adding Items 4 and 5 to Council Business. 1. Consideration of Amendment to the 5 Ayes,0 Nays-Motion Carried TitleAgreement with Thel View at Long Lake,LLC.ReportNo. Public Hearing 13-024. Resolution No.13-010. None. Council Business 1. Consideration of Amendment to the Title Agreement with The View at Long Lake, LLC. Report No. 13-024. Resolution No. 13-010. Community Development Director Femelius stated as part of the negotiations to develop The View Apartments at Long Lake,the City agreed to pursue what is known as a quiet title action. This particular title issue was requested by the Redeveloper's previous mortgage lender and was made a condition of closing. The Redeveloper and their lender requested that the City remove an Affidavit of Hazardous Substances from the chain of title,since there was no historical evidence of contamination. The task of removing this document has proved to be quite challenging. There are no procedures in statute for removing this type of document,so the City's only remedy is to pursue a quiet title action. While the City's redevelopment counsel believes the City has a compelling legal case,it would be very expensive to pursue. Community Development Director Femelius explained the redeveloper has a new lender,which has not imposed the same condition,and the City Attorney requests that the parties terminate the legal proceeding. Staff recommends the Council adopt a resolution amending the title agreement with The View at Long Lake, LLC,to dismiss the case. 2.Consideration of a Scott Landsman,City Attorney with Hoff,Barry,Kozar,discussed the matter in further detail and second Amendment to the nt recommended the Council amend the title agreement. RAg�aeen with The View at Long Lake,LLC. 25. Motion byCouncihnember Jacobsen,seconded byCouncilmember Burg to adopt a Resolution Re so lotiontNo. No. � p Resolution 13-011 authorizing the Mayor and City Manager to execute the Amendment to the Title Agreement with The View at Long Lake,LLC. 5 Ayes,0 Nays-Motion Carried