CC EXECUTIVE SESSION MINUTES 08111987

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• C 2 TY OF S T _ ANTHONY M=NUT E S OF COUN C 2 L EXECUTIVE S ESS 2 ON W I TH ATTORNEY S AU GUS T 1- 3- 1- 987 1. The Briggs and Morgan briefing/update on litigation against the U.S. 2 Army et al related to water contamination originating at the Twin Cities 3 Army Ammunition Plant was opened at 6 : 30 P.M. 4 Present: Marks , Ranallo, Enrooth, Makowske. 5 Absent: Sundland. 6 Also present: David Childs, City Manager 7 David McDonald and ,john Van DeNorth of Briggs and Morgan 8 Mr. McDonald gave an overview of what had been reported in the. 9 newspapers and discussed at the last Council meeting related to the 10 Army' s agreement with the State of Minnesota to conduct a clean-up of 11 contaminated water emanating from the TCAAP with which the attorneys 12 said they had been involved. The attorney said the most recent meeting 13 he had attended on the City' s behalf had been the City officials' short •14 meeting with Congressman Sabo that morning. 15 Mr . McDonald said recent events of importance would be that his firm had 16 submitted a Settlement Demand at the direction of Special Master Brian 17 Short,' including a separate section on St. Anthony damages, which the 18 attorneys had developed with the City Manager and other people in the 19 City. A large portion of the demand included claims of the Mengel Koch 20 Rendering Co. and claims of individual citizens, he said. 21 Mr. McDonald said further: 22 23 *at Council direction, his firm had tried to intervene in the 24 New Brighton suit a month and a half ago, but Special Master 25 Short disagreed with that attempt, saying he perceived the 26 settlement negotiations were moving along between the Army and 27 New Brighton and New Brighton people had expressed the opinion 28 St. Anthony might "muck that up" ; 29 *the Special Master had indicated he perceived there wasn' t enough 30 overriding benefit in letting the City get into their case; 31 32 *on the other hand, the Special Master had some good things to say 33 about the City' s attempts and said he couldn' t see- why New 34 Brighton was fighting St. Anthony so hard; 35 *Special Master Short had given the impression that the law had •36 3 kind of tied his hands and if he had more flexibility he would 7 have let the City into the case; because 38 *at the end of the hearing, he had directed the New Brighton at- 39 torneys to give St. Anthony' s attorneys at least some information 40 about what they were talking to the Army about.