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ARDEN HILLS CITY COUNCIL—August 10, 2009 6 portion of the new driveway to complete the repair of the water main, the driveway contractor informed the residents that the warranty on the driveway was now void. In December of 2008, City Attorney Jerry Filla spoke with an Attorney representing the residents. At that time they spoke to some additional options for resolving this issue. These discussions have been back and forth between City Attorney Filla, the residents, and their attorney. The current proposal from the residents is for the City to pay the residents $1,750 as a full and final settlement. The $1,750 proposal is slightly higher that what it would cost the City to replace the driveway if they did the work. The cost for the City would be about $1,200 and this would not include the price for any special equipment that may be needed or any additional cost for materials because the materials used by the residents were a special blend of asphalt. City Attorney Filla is recommending the City accept the revised Settlement and Release Agreement from the residents. Councilmember Holden asked what exactly the City settling for. She asked if the amount of money requested was because the resident's warranty had been voided or if the request was to settle something else. City Attorney Filla stated that it was his understanding that there was some settlement in the driveway. Public Works Director Hoag stated that this was not correct. Originally when the City did this project the residents wanted the entire driveway replaced. Until the matter was resolved Staff has repaired the driveway. There is a square that was cut out of the driveway, which is in the City's right-of-way. Normally as a restoration the City would do a single saw cut across and put in one seamless piece of asphalt. Councilmember Holden clarified that the residents did not want this done. Public Works Director Hoag stated that this was correct. Councilmember Holden asked why the City was settling if the area was in the City's right-of-way and the patch was what the City normally does. City Attorney Filla asked Public Works Director what it would cost the city to do this work. Public Works Director Hoag stated that the cost would be approximately $1,200 if the city did it. This amount is for regular asphalt and does not include the rental of any special equipment.