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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 Motion by Councilmember Jacobsen, seconded by Councilmember Samuelson to amend the Agenda adding Items 4 and 5 to Council Business. 5 Ayes, 0 Nays - Motion Carried Public Hearing 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. Staffrecommends the Council adopt a resolution amending the title agreement with The View at Long Lake, LLC, to dismiss the case. Scott Landsman, City Attorney with Hofl; Barry, y, Kozar, discussed the matter in further detail and recommended the Council amend the title agreement. Motion by Counc>7member Jacobsen, seconded by Councilmember Burg to adopt a Resolution authorizing the Mayor and City Manager to execute the Amendment to the Tide Agreement with The View at Long Lake, LLC. 5 Ayes, 0 Nays -Motion Carried Public Hearing Council Business 1. Consideration of Amendment to the Title Agreement with The View at Long Lake, LLC. RepotNo. 13-024. Resolution No. 13-010. 2. Consideration of Second Amendment to the Redevelopment Ageement with The View at Long Lake, LLC. Repot No. 13 -025. Resolution No. 13 -011