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LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1996 8 B. Isle Avenue Easement The Council received a copy of a quit claim deed dated August 18,1983 giving the City a 66 foot wide tract of land for public road purposes. This land was conveyed to the City by the Springborn's when Springborn Green Acres was platted. This deed reserves to the Grantors (the Springborn's) the right to have all of the land so conveyed revert to them, their heirs, in the event said public road is ever vacated. Gaylen Springborn's recollection of why they included this provision was that at the time of platting Springborn's Green Acres, this parcel was a separate parcel of record on which they were paying taxes, but was of no benefit to their farming operation. With the completion of Springborn's Green Acres 2nd Addition, the land would be of no benefit to the Springborn's because they are no longer farming the area that was developed. Because the land is of no use or benefit to the Springborn's, they are willing to sign the appropriate document to remove that stipulation. If this was done, it would mean that if the land was ever vacated, it would be split down the middle and conveyed to the adjacent property owners. M/S/P Hunt/Johnston - to direct the City Attorney to draft the appropriate document to amend the language of the quit claim deed dated August 18, 1983 to exclude the provision that the land would be conveyed back to the Springborn's should it ever be vacated. (Motion passed 5-0), C. Recodification Administrator Kueffner reported the complete draft of the code, recodified, is half copied and will be distributed to the Council as soon as it is finished. Kueffner will also include a memo outlining the changes that were made by the League, the Council, and herself. M/S/P Hunt/John - to direct the staff to proceed with distribution of the draft code, recodified, for a two week review by the Council, and then place on Council agenda to make the decision as to what the best method would be for reviewing the draft code. (Motion passed 5-0). D. Request staff/Council workshop on 1-94 Planner Terwedo provided the first section of the work program and have identified 19 issues . Council suggested proceeding with TASK III first to determine impacts which will help formulate the goals and objectives. M/S/P Conlin/Hunt - to set up a workshop for May 22, 1996, 6 p.m., on the 1-94 Corridor. (Motion passed 5-0). 9. CITY ATTORNEY'S REPORT A. Update on EAW Lawsuit Attorney Fiila explained the Appellate Court has discharged the Writ for a request for an EAW on the Berschen property. When the City receives approval of the Comp Plan Amendment by the Met. Co. the rezoning will become effective and the City can proceed with the purchase and the development of the Berschen site. B. Letter on Hammes Litigation Attorney Fills handed out a memo dealing with the status of the Hammes case, and the Council will need to discuss this case at a meeting in the near future. M/S/P Johnston/Hunt - to set up an executive session for May 21, 1996 at 6 p.m. to discuss the Hammes Litigation. (Motion passed 5-0).