90-1949 � � iui �lAL ' ,
. �i j Cou�ci l Fi le # 94—/`�' 7�
; �___!
Green Sheet # �7a�
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To Camiittee: Date �
WHEREAS, The Ci o Saint Paul has undertaken the Concord-Congress Sewer Separation and
Paving Project, City roj ct Nos. 90-5-8056 and 90-P-8051; and
WHEREAS, as part'of t at Project, the City, by resolution found in C.F. 90-632, obtained an
easement for sewer urp ses across a portion of a parcel of land owned by Unocal, northwest of the
intersection of Wate an Starkey Streets in the City of Saint Paul; and
WHEREAS, const ctio of the sewer across said easement was planned for 1989, and required
dewatering of the c nst ction site; and
WHEREAS, prior t co struction, ground water contamination by mineral spirits was discovered in
a test well on Unoc 1 pr perty in the vicinity of the easement; and
WHEREAS, const ctio was been delayed to determine what impact, if any, the dewatering would
have on the e�cisting con amination, and consequently what exposure the City may face under State
and Federal anti-po uti n laws; and
WHEREAS, the De art ent of Public Works has asked the City Attorney to provide legal advice
regarding this situati n, hich requires specialized knowledge and experience in environmental law,
which the City Atto ey' Office does not possess; and
WHEREAS, the De art ent of Public Works, has sufficient funds available to pay for the services
of an environmental law specialist in account code C90-2T623-0784-29093 for this project; and
WHEREAS, Robert E. attanach, Esq., a partner in the law firm of Oppenheimer, Wolff &
Donnelly, possesses ubs antial e�ertise in the field of environmental law and has handled several
cases arising from p ope ties in the vicinity of the easement; and
WHEREAS, The Ci y C uncil has by virtue of City Charter Section 5.02 the authority to retain a
special counsel at x'h re uest of the City Attorney and further has the authority to fix or set the
compensation to be aid now , therefore, be it
I
� � I G I.i��.L � � ��o l�4��
RESOLVED, That ob rt E. Cattanach, Esq., and the firm of Oppenheimer, Wolff & Donnelly
are hereby appointe to be the special counsel for the purposes of advising the City as to liability
and alternative appr ach s for dealing with the construction of the sewer in the easement across the
Unocal property, an , if ecessary negotiating with Unocal, the Minnesota Pollution Control
Agency, or others as nee ed, and be it
FURTHER RESOL , That the fee for such services be $150.00 per hour to be paid from
account C90-2T623- 784 9093.
____________________�___
--------- -- --- ------ ---------
eas Na s Absent Requested by Department of:
Dimond
Goswttz ,I
Lon `�-�-/ ��DYr�Pc.�
Maccabee
Rettman
Thune ��y � —��L
Wilson BY�
G
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Adopted by Council: Dat
N�V g 1990 Form Approved by City Attorney
Adoption �Certified Ib Co ncil Secretary BY, �,��; ��.�L
,'� �
BY' ��' Approved by Mayor for Submission to
Approved by Mayor: ' Dat �OV 9 1994 Council
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+'��. ,�'i� �,.�:�: gy: .i�"�f�.��,�'f�'�
By:
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PU� �SidEQ NOV 17 1990
�,c�a��q�9
OEPARTMENTlOFFlCEIOOUNpI DATE INITL4TED
ci�, At�rn�, 10-31-90 GREEN SHEE No. � 7 2 4
INITIAU INfTIAUDATE
CONTACT PER80P1�PMONE �DEPARTMENT OIRECTOR �CITY OOUNGI
Jane McPeak ��� �CITY ATTORNEY �CITY CLERK
MUBT BE OM COUNGL AOENDA BY( A ROUTINO �BUDOET DIRECTOR �FlN.8 MOT.SERVICE8 DIR.
I I" � `7 O �MAYOR(�1 A881STAN �
TOTAL#�OF SIGNATURE P 8 (CLIP ALL LOCATIONS FOR SKiNATUR�
ACT10N REQUES'TED: TO hir an tside attorney as special coLmsel to a the City as to liability
and alternative ap es for dealing with the construction of er in an eas�t across
property presently ' ified and �mder investigation by the Minn ota Pollution Control
A9encY•
FiECOMMENDAT10N8:Approw(N a (� COUNCIL COMMITTEE/RESEARCH REPORT OPTI L
_PLANNINO COMMISSION qVIL RVICE COMMI8SION ��YST PFIONE NO.
_CIB COMMITTEE
WMMENTS:
_STAFF
_DISTRICT COURT
SUPPORTS WHICH COUNpL OBJECTI
INITIATINO PROBLEM,issue,oPPO .wnu,wn��.wnK.,wn�: �e City has acquired an e ement aver and adj acent to
Unocal property to e final hook-up for the Concord-Congress se r separation and paving
project. In order c truct sewer, area must be dewatered. 's presents an Lmusual
construction and 1' il' dil� due to the existence of groLm ter contamination on
adjacent site.
ADVANTAGES IF APPROVED:
Attorney to be hi substantial e.�ertise in the field of en 'ronmental law ar�d has
handled several s' ' ar vironrr�ntal cases in the vicinity of thi easesrient.
D18ADVANTAQE3 IF APPROVED:
None
DISADVANTAOES IF NOT APPROVED:
An attorney frar► Ci Attorney's Office without sufficient rier�ce and backgrowzd
concerning the envi tal issues involved in the p��x�,�se uld be assigned to
this matter. �E:IdED
N01�Oli�9p �
CITY CLERK
TOTAL AMOUNT OF TRANSACTI M I:OST/REVENUE BUDOETED(CI E ON� YES NO
FUNDINQ SOURCE ►+� ` ACTMTY NUMSER
�-4 :o �i 3
FlNANqAL INFORMATION:(IXPLAIN}
��. nof avai� -
, ����q��
�g�`t��°':
� CITY OF SAINT PAUL
< <�,����� ; OFFICE OF T'HE CITY ATTORNEY
� �v
0
'••' JANE A. MC P
EAK, CITY ATTORNEY
647 City Hall,Saint Paul,Minnesota 55102
612-298-5121
JAMES SCHEIBEL Fax 6i2-2vs-sbi9
MAYOR
October 31 1 90
M E M O R N D U M
TO: Cou ci President Bill Wilson
FROM: Jan A. McPeak�
Cit A torney J
RE: Res lu ion Appointing outside Counsel for
Uno al Proj ect
Due to the co plexity of the issues and the immediacy of the need
for expert le al services, I request that the attached Resolution
be placed n he City Council 's Consent Agenda for November 8,
1990. Tha k ou.
JAM:j r
Attachment
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