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<br />~ <br /> <br /> <br />MEMORANDUM <br /> <br />DATE: <br /> <br />August 10, 2009 <br /> <br />TO: <br /> <br />Honorable Mayor and City Council <br />Ron Moorse,City Administrator <br /> <br />FROM: <br /> <br />Greg Hoag, Public Works Director <br /> <br />SUBJECT: <br /> <br />Driveway Settlement 3327 Dunlap Street <br /> <br />BACKGROUND <br />On November 7, 2007 the Public Works Department repaired a broken water main under the <br />driveway in the city right of way at 3327 Dunlap Street. The property owners notified us that <br />they had just replaced the driveway in the late summer and the contractor had provided the <br />residents with a two year warranty. Due to our digging up and patching a portion of the new <br />driveway to complete the repair of the water main, the driveway contractor informed the <br />residents that the warranty on the driveway was now void. <br /> <br />This item was first introduced to the City Council at the regular meeting on August 11, 2008. At <br />that time Council passed a motion to table the item to the next Work Session for further <br />discussion. (Attachment A, staff memo and minutes) <br /> <br />The item was discussed at the August 18,2008 Work Session. After discussion it was the <br />consensus of the City Council to direct staff to offer to replace the driveway within the right-of- <br />way or to refer the driveway request to the League of Minnesota Cities. (Attachment B, minutes) <br /> <br />After that meeting staff contacted the resident to discuss the City Council offered direction. The <br />residents stated that they would like to continue to explore their options and to not turn the issue <br />over to the League of Minnesota Cities or to complete any repairs. They stated the ball was in <br />their court for the next actions. <br /> <br />In December of2008, City Attorney, Jerry Filla spoke with an Attorney representing the <br />residents. At that time they spoke as to some additional options for resolving this issue. These <br />discussions have been back and forth between City Attorney Filla, the resident, and their <br />Attorney. The current proposal from the residents is for the City to pay the residents $1,750 as a <br />full and final settlement. (Attachment C, memo to Greg Hoag from City Attorney Filla) City <br />Attorney Filla is recommending the City accept the revised Settlement and Release Agreement <br />from the residents. (Attachment D) <br />