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<br />ARDEN HILLS CITY COUNCIL - MARCH 26, 2007 <br /> <br />9 <br /> <br />rendered economically unviable for development and that the Government and Purchaser have <br />recognized this in the valuation of the property as a whole. <br /> <br />Additionally, when the Third Amendment to the OTP was drafted, the GSA stipulated that by <br />March 30, 2007 the Purchaser and the Government must reach agreement on the proposed terms <br />and process necessary to ensure that the Purchaser of its assignee will (a) transfer the Wildlife <br />Corridor and the Athletic Field for use for public purposes, including but not limited to public <br />parks, recreation and open space in perpetuity and (b) remediate the Wildlife Corridor and the <br />Athletic Field as required by the Remedial Action Plan approved by the MPCA in accordance <br />with the Response Action Agreement for Public Use of such property. <br /> <br />She recommended Council adopt Resolution 07-39, Supporting the Transfer of the Wildlife <br />Corridor and Proposed Athletic Fields for Public Purposes. <br /> <br />Councilmember Holden asked if they would be held to the approximately 75 acres. Ms. <br />Barton responded in the Offer to Purchase she believed it did layout the acreage with respect to <br />the Wildlife Corridor and the Athletic Fields. She stated they would be held to the acreage. She <br />noted they would need to obtain a final survey, which would indicate where the Wildlife Corridor <br />and the Athletic Fields would be. <br /> <br />Councilmember Holmes inquired about the last paragraph. She asked who the willing <br />transferee was going to be. Ms. Barton responded they did not specify that because they did not <br />have that information at this time. <br /> <br />Mayor Harpstead noted this was saying that this land would be set aside for public use, but they <br />did not know who the entity would be at this time. Ms. Barton noted a private entity could own <br />the property as long as it was set aside for a public purpose. She stated at this time, they were not <br />sure if the City should take title to the property due to liability issues. <br /> <br />Councilmember Holmes asked if they could move the 75 acres for the athletic field to another <br />location if they were saying the area was economically unviable. Ms. Barton responded she <br />believed the GSA wanted the athletic field to be used for a public purpose, which made them <br />economically unviable and it was not due to the land itself. <br /> <br />MOTION: Councilmember Grant moved and Councilmember Holden seconded a <br />motion to adopt Resolution 07-39, Supporting the Transfer of the Wildlife <br />Corridor and Proposed Athletic Fields for Public Purposes and direct staff <br />to provide copies of Resolution 07-39 to the Army, GSA, RRLP, and the <br />Congressional Delegation. <br /> <br />Councilmember McClung stated he did not understand why they had to do this. He noted he <br />understood why the GSA wanted this, but they had already signed a legal document stating they <br />would be transferring the land for public purpose. Mayor Harpsted noted that in the last <br />Agreement, the GSA noted the City had an obligation to meet these criteria on this land formally <br />by March 30, 2007 and this would meet those criteria. <br />