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AIR-` HILLS CITY COUNCIL WORK SESSION—JUNE 21, 2010 2 2.A TCAAP Public Auction Process Update and Discussion (continued) Mr. Comodeca reviewed the email he received from Mr. Legare in detail with the Council. The GSA is proposing to have three successive closings on the property. The first closing will involve 200 acres in Fee Simple, restricted to Industrial. The first two hundred acres are about the southern one-third of the property. A condition listed within the email was an executed response action agreement, giving the purchaser 90 days to clean up the site, which the MPCA was reluctant to provide a pre-approved agreement. Community Development Director Lehnhoff stated the cleanup of the first 200 acres would take longer than 90 days, especially taking into consideration the City's zoning requirements. After speaking with Mr. Legare he informed him 12 to 18 months would be a more realistic timeline depending on the level of detail needed by the MPCA. He recommended the GSA speak with the MPCA to establish a more specific timeline. Mr. Comodeca explained the purchaser would be required to sign a response action agreement making them responsible for the remediation before the property can be transferred. He recommended the purchaser entering in an agreement with the EPA as well. Mayor Harpstead questioned if the Council could establish language for Thursday's meeting, that it would be the City's hope that the deed restrictions be lifted after a response action agreement has been completed that included full understanding of the contamination on the property and how it overlays with the potential uses and meshes with the City's zoning. If the City could make this general statement, the expectation could be set that more than 90 days would be needed for the remediation timeline. Community Development Director Lehnhoff expressed concern that an escrow account was not being required of the purchaser to assure that the remediation was complete on the entire parcel, and not just the first 200 acres. Mr. Comodeca stated he spoke with Carmen Netton regarding the financial assurance issues and the voluntary cleanup program does not require any financial assurances. The MPCA does not have any requirements, but the EPA would have to work through this issue with the Army. Councilmember McClung stated the yellow portion of the property, the first 200 acres, required much more of the cleanup effort than the remainder of the parcel. He questioned how a transfer would occur if core samples were worse than anticipated. Mr. Comodeca explained provisions would be written into the agreement but this would involve delays in who was responsible for the cleanup and for the funding of the cleanup. He indicated the City would want to have a process in the agreement, which was proposed during the negotiated sale. Councilmember McClung asked how the bidder's conference would proceed if the IFB language was not complete and little or no marketing efforts have taken place on the Army's behalf. He felt the whole process was just set up for failure.