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MINUTES <br />CITY COUNCIL <br />JUNE 22, 2009 <br />*APPROVAL OF PARTIAL PAYREQUEST FOR FRATTALONE <br />COMPANIES FOR COBBLESTONE STORM REPAIR IN THE <br />AMOUNT OF $22,152.81 AS RECOMMENDED BY THE CITY <br />ENGINEER; <br />The foregoing resolution was duly seconded by McGraw. <br />Ayes (5). <br />Nays (0). Resolution declared adopted. <br />GUERIN The City Attorney noted that at a recent Council meeting his office was <br />FAMILY directed to contact the League of MN Cities relative to the suggestion of <br />PARTNERSHIP the Guerin Family Partnership attorney to take the case to binding <br />LITIGATION/ arbitration. The City Attorney reported that the League indicated that <br />ARBITRATION the case would have to go to litigation in order for them to assign defense <br /> attorney's to the case. Therefore, it was the City Attorney's <br /> recommendation that his office be assigned to represent the City in <br /> binding arbitration. <br />Blesener noted that the end result would likely be the same whether the <br />case was litigated or decided by binding arbitration. 1'he Attorney <br />reported that that is correct. He noted that his position is that the City's <br />case is a strong one, and that arbitration would be a more effective use of <br />legal costs and would save a year or more in time getting the case settled. <br />The City Attorney also noted that litigation would be costly for both sides. <br />The City Attorney again noted that it is his position that the City has no <br />liability nor has committed any wrong-doing in this case. Binding <br />arbitration is a means of getting the matter settled. <br />City Attorney Trevor Oliver noted that the case is about a fund that was <br />created for environmental clean up of the former Guerin property <br />(northeast corner of Rice Street and Little Canada Road), now the location <br />of The Village. It is the Guerin's position that grant money obtained for <br />the clean-up of the property should have been used first, with the escrow <br />fund utilized only after the grant money was exhausted. Oliver noted that <br />a condition of the grant was that any clean-up funds be utilized prior to the <br />use of the grant money. <br />Mr. Keis introduced the following resolution and moved its adoption: <br />RESOL UTION NO. 2009-6-144 -AUTHORIZING BINDING <br />ARBITRATION IN THE SETTLEMENT OF THE GUERIN FAMILY <br />PARTNERSHIP LITIGATIONAND THE CITYATTORNEY TO <br />REPRESENT LITTLE CANADA IN THIS ARBITRATION <br />14 <br />