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Discussion ensued regarding the structure/versus just a garden, the three previous encroachment <br />agreements that were approved for use in drainage/utility easements, Mr. Grawe's request for the <br />raised garden to remain were installed due to the fact that if it were moved back, the amount of <br />sunlight that it would receive would be decreased due to the proximity to the garage, the two <br />utilities that are within the road right-of-way servicing his own home and if decreasing the size <br />and moving outside of the drainage/utility easement there would be no need for an encroachment <br />agreement. <br />Motion by Council Member Koski to not approve the landscape proiect as presented. <br />Additional discussion ensued, and Administrator Statz suggested that the motion should contain <br />denying the encroachment agreement based on the Engineers Findings. <br />Council Member Koski withdrew his previous motion. <br />Motion by Council Member Koski to Denying the Submitted Encroachment Agreement <br />Based on the Engineer's Findings, seconded by Council Member Lakso. <br />Additional discussion ensued regarding moving the raised garden back without a need for an <br />encroachment agreement, gardens in the front yard, decreasing the size of the garden and moving <br />it back out of the easement and right of way. <br />All in favor - Mayor Love, Council Members Lakso, Koski and Mosher — Ave, Council <br />Member King — Nay. Motion carried (4/1). <br />2. Res. #22-OXX Accepting Bid - 2022 Thin Overlay Program & City Hall Parking Lot <br />Improvements <br />Administrator Statz stated that Council reviewed the bids at their previous meeting and that they <br />have two choices to either approve the bid with the understanding that it is approximately $100,000 <br />over the estimate or rebid the project in early 2023. Additional research was requested by Council <br />and Ms. Schlegel spoke with the contractor who stated that their bid was lower due to the close <br />proximity of their plant to the City where as the other bidders were not as fortunate and found that <br />finding sub -contractors was difficult for the timing of the project. She briefly reviewed the <br />information contained in the packet. Administrator Statz stated that he would recommend <br />awarding the bid, as estimates were very conservative regarding curb replacement, etc. <br />Discussion ensued regarding processes if delaying the project and rebidding in the spring, ordering <br />public hearings, completion of another feasibility study, associated expenditures, bidding figures <br />being public information which could determine pricing in the future, importance of maintaining <br />roadways, the condition of the parking lot, ability to rebid parking lot as a stand-alone project with <br />the thin mill and overlay being a stand-alone project also, commencing some of the work in the <br />parking lot this season leaving only asphalting for next spring in an attempt to decrease costs, the <br />risks of pricing going up rather than down in the coming months, etc. <br />Motion by Council Member Lakso, seconded by Council Member Koski to Adopt Res. #22- <br />024 — Accepting Bid — 2022 Thin Overlay Program & City Hall Parking Lot Improvements <br />to Bituminous Roadways, Inc. as submitted. <br />Page 6 of 10 <br />