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LAKE ELMO CITY COUNCIL MEETING FEBRUARY 20, 1996 3 B. Off -Sale non -intoxicating malt liquor Iicense:Twin Cities Stores (formerly Brooks Superette) On January 31, 1996 Retail Foods of Minnesota, a Division of Gateway Foods, Inc. d/b/a Brook's Food Market was sold to Twin Cities Stores, Inc. d/b/a Oasis Market. M/S/P Johnston/DeLapp - to grant an off -sale non -intoxicating malt liquor license to Twin Cities Stores (d/b/a Oasis Market). (Motion passed 5-0). 6. PLANNING/LAND USE & ZONING: A. Reschedule public hearing for LE Elementary School At the request of the applicant, the variance request and site and plan review has been rescheduled to March 4, 1996 council meeting. The Council approved the applicant's request to reschedule the public hearing for variance to setback of parking lot and site and plan review for the Lake Elmo Elementary School to City Council meeting on Monday, March 4, 1996. B. Reschedule Public Hearing for Case W96-6 Christ Lutheran Church The public hearing to allow a legal non -conforming use to be expanded, variance to sideyard setback, and the site and plan review has been rescheduled to City Council meeting on Monday, March 4, 1996. The Council approved to reschedule the public hearing for a variance to allow a legal non -conforming use to be expanded, variance to sideyard setback and the site and plan review for Christ Lutheran Church to City Council meeting on Monday, March 4, 1996. C. Resolution No. 96-4:Minor Subdivision:Lot Line Adjustment Ron and Mary Larson owned the home at 4545 Olson Lake Trail until they sold it a few months ago. During the title search, it was discovered that a small parcel of land in front of the Larson home belonged to Ken and Jan Sovereign. A survey has been done and the Sovereigns have signed a quit claim deed for this property. The Larsons would like this resolved as soon as possible because $4,000 of their money is being held in escrow until it is resolved. Administrator Kueffner reported this parcel affects more than just the property at 4545 Olson Lake Trail. She would contact the affected property owners in hope that they could get together and collectively take care of this and wouldn't have to come back to the Council one at a time. The County has nothing on record that would explain why the change was made in the construction of the road (curve was eliminated) and no change was ever made to the survey. Attorney Filla added the City is not representing anything about the underlying title to the property. Mr. Sovereign's title may be conveyed to the applicant, subject to the road easement. We have no evidence if the County ever vacated that right-of-way or even acquired the right-of-way on either side of the road. Attorney Filla was asked to look into the petition in the proceeding that created the common line of the border between Lake Elmo and Oakdale. M/S/P DeLapp/Johnston - to adopt Resolution No. 96-4 approving a minor subdivision (lot line adjustment) to Ken and Jan Sovereign. (Motion passed 5-0).