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

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Councilmember Grant stated he was not in favor of paying the resident the $4,000 to have the driveway replaced but that a contract would have to be arranged between the City and her contractor. Mayor Harpstead agreed. Mayor Harpstead asked staff how the Council should proceed. Public Works Director Hoag indicated he feels staff has provided this resident with the best possible services to date and that Council should proceed with caution with this resident. Mayor Harpstead thanked staff for working so patiently with this individual. He questioned if a precedent would be set within the City if Council agreed to pay for the entire driveway. Due to this fact, he suggested again, that the bottom of the driveway be replaced to the best of the City's ability and that a one year warranty be offered on the entire surface. Councilmember Grant suggested the asphalt be repaired where disturbed and that the Council not commit to replacing the entire driveway. Councilmember Holden asked if the repaired bottom could be one entire piece. Public Works Director Hoag indicated the City would replace this as one piece, but that the resident will not be happy with the City employees completing this work and will want her contractor and his bituminous. Mayor Harpstead stated he would be in favor of the resident's contractor completing the repair to avoid future concerns. Councilmember Holmes indicated she was not in favor of this special request because it would set a precedent for future driveway concerns. Councilmember Grant suggested the contractor be contacted to see where his bituminous comes from to allow the City to use the same product to provide uniformity on her driveway. Public Works Director Hoag stated that all disputes in the future will be directed to the insurance company to avoid this type of problem. He suggested this item be sent to the League of Minnesota Cities for resolution.