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11. Approved: January 14, 2008 CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL MEETING MAY 30, 2007; 5:30 PM ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Stan Harpstead called to order the special City Council meeting at 5 :45 p.m. Present: Mayor Stan Harpstead, Councilmember David Grant, Councilmember Fran Holmes, Councilmember Brenda Holden, Councilmember David McClung (arrived 6:15 p.m.) Absent: None. Also present were City Administrator Michelle Wolfe; Finance Director Sue Iverson, Community Development Director Karen Barton, TCAAP Attorney Michael Comodeca, TCAAP Attorney Steve Bubul (arrived 6:05 p.m.). DISCUSSION The Mayor noted that the purpose of the meeting was to meet with Mr. Comodeca on legal issues relating to the transfer of the TCAAP property. Councilmember Holmes indicated that she had met with Mr. Comodeca to review issues relating to the City's potential liability. Ms. Holmes stated she had had some concerns regarding 3rd party liability, and was less concerned regarding clean-up liability since that seemed quite clear. Ms. Holmes and Mr. Comodeca reviewed a memorandum prepared by Mr. Comodeca dated AprilS, 2007. Mr. Comodeca reviewed the concept of CERCLA. He stated that the City needs to be a bona fide prospective purchaser. He outlined what steps we would need to take to limit the City's liability. He stated that there are a number of protections that we can put in place. For example, the City should hire someone to do "all appropriate inquiries" as required under CERCLA. This can be funded through the development agreement. He indicated that this protects the City from clean up costs, but not third-party liability. He further noted that the EP A policy is that they don't tal(e action against transferees. There is a state equivalent called MERLA. The City will want to get a letter from MPCA stating that the City is not a responsible purchaser.