8A, Settlement Payment to James & Julie Rechtiene for Damage to Driveway

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B. Discussion Regarding the Release and Settlement Agreement for the 3327 Dunlap Street Driveway Public Works Director Hoag presented the City Council with information regarding the property at 3327 Dunlap Street. He explained that last November a watermain broke underneath this property, which had a brand new driveway, complete with two year warranty. The resident was not happy with the replacement patch and asked that the driveway be replaced. Public Works Director Hoag indicated the resident were not satisfied with the suggestion of a saw cut replacement or patch job on the driveway. He noted he spoke with the City attorney on this issue. After much discussion, he is asking that the driveway be completely replaced to appease the resident and to provide her with a warranty. Councilmember Holden asked which account the $4,100 was budgeted from. Public Words Director Hoag noted the funds were budgeted from the Watermain Repair Parts Account and that this amount covered the replacement of the entire driveway. Discussion ensued regarding the replacement of this driveway and how these incidents have been handled in the past. Councilmember Holmes stated she didn't understand why this resident should receive a whole new driveway when other residents have received a patch job. Mayor Harpstead suggested the tail end of the driveway be fixed and made uniform with the City providing a one year warranty on the entire driveway. Councilmember Holmes asked how much it would cost the City to replace the bare minimum, the area within the right-of-way with a saw cat patch. Public Works Director Hoag estimated this expense to be $500-700. Mayor Harpstead indicated that while this is a much lower cost, the expense of defending a lawsuit would be far greater if the resident were not satisfied with the City's response. Councilmember Holden noted she was in favor of the $4,000 expense to replace the driveway.