With problems with the deed cleared up, the Lansing City Council approved the final plat for the Fairlane commercial development.

“The right of way issues that we spoke of last time have been taken care of,” John Young, public works director, assured the council during its regular meeting Thursday.

Problems arose at a July 3 council meeting, when Councilman Harland Russell raised concerns that the city might own part of the land in the development.

City Administrator Mike Smith said the council was approached by Mike Greenamyre for a land swap in 1996. After Greenamyre failed to bring any development plans to the council, the matter was forgotten.

However, a small piece of the Fairlane development includes the land scheduled for the land swap.

Councilman Don Studnicka said the legal description of the deed indicated the ownership of the property would revert to the city if the developer did not increase the property taxes for the land before Oct. 1, 1998.

Though the property taxes were not directly affected through development, Studnicka said county valuation has caused the property taxes on the parcel to rise and fall several times.

City Attorney Greg Robinson said the deed was “vague” and didn’t include a mechanism for what would happen if the terms of the agreement were not met.

However, he said previous cases indicated that the city would have to take an action after a certain time period to take the land back if the terms of the agreement were not met.

“There is no basis for us to ask for that property back, is there?” Councilwoman Andi Pawlowski asked.

Robinson said the city would have a hard time proving ownership of the land.

For now, he said city staff should make sure to clear up the “clouded deed” by specifying that the city has no interest in the property.

The council approved the final plat, 5-0, with the proviso that Mayor Kenneth Bernard sign a quitclaim deed for the property. The deed would recognize that the city has given the property to the developers.

Councilmen Dee Hininger, Harland Russell and Tom Smith were absent.

Also in the meeting:

* DRAINAGE — Lansing resident Richard DaSilva addressed the council regarding drainage issues at a piece of property he owns near the Hickory Ridge subdivision.

According to DaSilva, changes in the drainage path near his property have caused an access road to become unusable. A pipe running under the road had deteriorated and eventually collapsed.

The sheet flow of water at the site and in the ditch under the road has been affected by the roof lines of homes in the nearby subdivision, he said. DaSilva also said the increased flow caused the destruction of the pipe and the access road at his property.

He proposed that the city help correct the flow.

“I am asking that the city realign the ditch to what the natural drainage easement used to be before the silt filled in,” he said.

DaSilva also requested that the city provide crews for the repairs, and offered to pay for the materials to fix the pipe and the road himself.

However, members of the council said the situation was not so simple.

“We can’t do private construction work on private property with taxpayer money,” Bernard said.

DaSilva said the drainage easement on the property meant the city was responsible.

City Engineer Matt Harding said the easement did not indicate any obligation by the city, but rather was a common practice at the time the parcel was platted in the 1980s.

Pawlowski said that the work was unprecedented.

“There is no mechanism for us to do this as a city,” she said.

The council declined DaSilva’s request.