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STAFF REPORT <br /> DATE: June 8, 1993 <br /> TO: Mayor and Councilmembers <br /> FROM: Thomas 1). Burt, City Manager <br /> ITEM: OAK GROVE SANITARY LANDFELL TRUST <br /> On April 22, 1993, the City received notice from the attorneys who represent the Oak Grove <br /> Sanitary Landfill Trust putting us on notice of legal claim as a contributing source in the <br /> Superfund clean up of the landfill. This matter was subsequently turned over to the City <br /> attorney for review. <br /> Mr. Soth and I spent time discussing this issue and we found that the $15,000 requested by the <br /> Oak Grove Sanitary Landfill Trust is a reasonable expenditure considering the alternative of a <br /> lawsuit. <br /> It wasn't until this afternoon that we found out how St. Anthony was involved in this claim. In <br /> previous years, the City used Christian, subsequently BFI, to haul its trash. The trash was taken <br /> to the Oak Grove Landfill. In addition, they were a licensed hauler in the City which hauled <br /> residential trash to the landfill. As such we are obviously a part of this claim. <br /> In discussion with Bill Soth, the $15,000 which must be paid by June 15th is a reasonable <br /> amount considering legal fees and trying to fight this claim knowing we are a contributing source <br /> to the landfill. Bill cited the example of another community which fought a similar issue only <br /> to pay $75,000 in legal fees and still be responsible for damages of the claim. <br /> RECOMMENDATION <br /> Authorize the City Manager to settle the claim with the Trust in the amount of$15,000. <br />