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CITY COUNCIL <br />REGULAR MEETING STAFF REPORT <br />AGENDA ITEM 9A <br /> <br />STAFF ORIGINATOR: Michael Grochala, Community Development Director <br /> <br />MEETING DATE: November 27, 2023 <br /> <br />TOPIC: Closed Session of the City Council under Minn. Stat. 13D05, <br />Attorney-Client Privilege to discuss pending litigation related to <br />Aqueous Film Forming Foams Product Liability Litigation <br /> <br /> <br />VOTE REQUIRED: 3/5 <br />______________________________________________________________________________ <br /> <br />INTRODUCTION <br /> <br />Staff is requesting the City Council to close the meeting to meet with its attorney regarding the <br />City’s options in the case of In re: Aqueous Film Forming Foams Product Liability Litigation, <br />Court File MDL No. 18-mn-2873, of which the City has been identified as a potential class <br />settlement member. <br /> <br />BACKGROUND <br /> <br />This fall, many public drinking water systems in Minnesota received notice of class action <br />settlements related to PFAS (perfluoralkyl and polyfluoroalkyl substances, often described as <br />forever chemicals) alleged to be caused by 3M and DuPont products. <br /> <br />The Settlement Class consists of each of the following: <br /> <br />(a) All Public Water Systems in the United States of America that draw or otherwise <br />collect from any Water Source that, on or before June 30, 2023, was tested or <br />otherwise analyzed for PFAS and found to contain any PFAS at any level; <br /> <br />AND <br /> <br />(b) All Public Water Systems in the United States of America that, as of June 30, 2023, <br />are (i) subject to the monitoring rules set forth in UCMR 5 (i.e., “large” systems <br />serving more than 10,000 people and “small” systems serving between 3,300 and <br />10,000 people), or (ii) required under applicable state or federal law to test or <br />otherwise analyze any of their Water Sources or the water they provide for PFAS <br />before the UCMR 5 Deadline. <br />102