Newport City Council — Transcript

Thursday, May 21, 2026

True Lens Community Media Annual Update

Engineer's Report: Road Improvement Projects

Engineer's Report: Bailey Road Utility Extension Design

Superintendent of Public Works Report & Community Reminders

Appeal Hearing: Nuisance and Zoning Violations at 441 2th Street

Property Tax Abatement and Bond Issue for Road Projects

Eastridge Heights Final Plat and PUD Approval

Eastridge Heights Grading Agreement Approval

Mayor's Announcements: PFAS Study and State Bonding Bill

Votes (9)

Resolution 2026-34: Award Contract for 3rd Avenue Improvements Project

5-0 Adopted

Dissent: None

Moved by Council member Sumar [0:13:06] · Seconded by Council member Ingamman [0:13:17]

The City Engineer reported on bids for 3rd Avenue improvements between 21st and 15th Street. Geisinger and Sons was the low bidder, coming in $330,000 below the engineer's estimate. Council discussed the potential for change orders due to unforeseen bedrock conditions, common in such projects, but acknowledged the initial positive bid result. The project is expected to be completed this year.

Accept Bids for 12th Street Area Improvements Project

5-0 Accepted

Dissent: None

Moved by Council Member Ingamman [0:17:09] · Seconded by Council Member Sumar [0:17:15]

Bids were opened for improvements to 12th Street, 3rd Avenue, 5th Avenue, and 13th Street. A1 Excavating was the low bidder, approximately $500,000 below the engineer's estimate. The council was asked to accept the bids but delay the formal contract award until July 16th due to pending grant funding agreements, as awarding prior to formal grant receipt could jeopardize funding. The project can be completed over two construction seasons (2026-2027).

Authorize MSA for Bailey Road Utility Extension Design

5-0 Adopted

Dissent: None

Moved by Council member Schmidt [0:22:36] · Seconded by Council member Sumar [0:22:42]

Authorization was sought for MSA to design a lift station and a PRV/metering station for the Bailey Road utility extension. The lift station is necessary due to significant topography challenges for gravity sewer, and the PRV is for managing water pressure differences with Woodbury's interconnect. These designs, costing $79,709, will be funded by the city's enterprise fund and later recouped from the developer through access fees.

Appeal Hearing for Nuisance and Zoning Violations at 441 2th Street

4-1 Carries

Dissent: Council Member Ingamman [1:00:41] voted against, expressing continued concern about the city's historical lack of enforcement burdening the current owner.

Moved by Council Member Taylor [1:00:26] · Seconded by Mayor Elliot [1:00:30]

The council held an appeal hearing for Mr. Huen regarding structures (detached garage, lean-to, fence, gazebo, blue shed, decking) encroaching on public right-of-way and a utility easement. Mr. Huen cited financial hardship and that many structures predated his ownership. Staff confirmed that the driveway portion in the easement would be removed as part of the 12th Street project. Council acknowledged the complexity and resident's situation, ultimately directing staff to uphold the Planning Commission's findings but allow up to 120 days for compliance, seeking a balanced approach between enforcement and resident support.

Resolution 2026-35: Approving Property Tax Abatements

5-0 Adopted

Dissent: None

Moved by Council member Ingamman [1:07:44] · Seconded by Council member Sumar [1:07:49]

This item was part of the larger discussion on financing road projects. The resolution specifically approved the property tax abatements, which are a necessary authority for the city to issue the bonds.

Resolution 2026-36: Providing for Issuance and Sale of $4,495,000 in General Obligation Tax Abatement Bonds Series 2026A

5-0 Adopted

Dissent: None

Moved by Council member Sumar [1:08:52] · Seconded by Council member Schmidt [1:09:05]

This resolution authorized the issuance and sale of bonds for road projects. Although the resolution specified a maximum amount, the council confirmed that the final bond sale, scheduled for July 16th, would be for a significantly lower amount, primarily covering assessments, due to recent cost savings and additional state funding.

Resolution 2026-37: Approving the Final Plat and PUD Request for Eastridge Heights

5-0 Adopted

Dissent: None

Moved by Council Member Taylor [1:26:27] · Seconded by Council Member Sumar [1:26:45]

The council reviewed and approved the final plat and Planned Unit Development (PUD) for the 60-acre Eastridge Heights single-family home development. Key points of discussion included comprehensive bluff protections (conservation easements, setbacks), tree preservation plans, landscaping (hardy species, utility coordination), and the design of a separated public trail network. The developer expressed readiness to begin grading in early June.

Resolution 2026-38: Authorizing the City to Enter into the Grading Agreement for Eastridge Heights

5-0 Adopted

Dissent: None

Moved by Council Member Taylor [1:30:11] · Seconded by Council Member Sumar [1:30:22]

The council approved a grading agreement for the Eastridge Heights project. This agreement serves as a precursor to the full development agreement, permitting the developer to begin tree removal and mass grading. It requires approval of final grading plans, erosion controls, city inspections, an escrow for fees, and financial security for potential restoration.

Motion to Close Session for Pending Litigation

5-0 Approved

Dissent: None

Moved by Council member Schmidt [1:41:40] · Seconded by Council member Sumar [1:41:42]

The Mayor presented the statutory basis for closing a portion of the meeting to discuss pending litigation concerning the property at 1545 7th Avenue (City of Newport versus Cube LLC). The closed session was deemed necessary for candid discussion of legal options and strategy, with no decisions expected to be made other than adjournment upon returning to open session.

Notable Quotes (17)

Geisinger and Sons was the apparent low bidder at 3,85,65.84. They were actually about $330,000 less than our engineers estimate. So that was uh that was good news.

John Herdigan [0:12:12]
Resolution 2026-34: Award Contract for 3rd Avenue Improvements Project

Well, and I think it's good news that they came in a little under bid, but we find that with all of these projects where the bedrock is, there's always a surprise. And we have change orders that are unwanted, but more money than than we would like, but that's just it's very common.

Mayor Elliot [0:13:50]
Resolution 2026-34: Award Contract for 3rd Avenue Improvements Project

They were in the neighborhood of about 500,000 less than than our engineers estimate. Um we tonight we are asking uh council to accept the bids for 12 uh but not formally uh award the contract to A1. Uh in the bidding documents we had estimated an award date of July 12 or July sorry the 16th your second meeting in in July. Uh because we have some funding um we have some funding agreements that are still pending.

John Herdigan [0:16:35]
Accept Bids for 12th Street Area Improvements Project

If you award a bid before the grant has formally been given to us, then they think you really don't need the money. So, you can't commit the money before the grant is committed to us.

Mayor Elliot [0:17:34]
Accept Bids for 12th Street Area Improvements Project

A little unconventional being a lift station's on top of the hill and kind of pumping downhill, but it enables us to keep that that sanitary sewer shallower, easier to maintain.

John Herdigan [0:20:12]
Authorize MSA for Bailey Road Utility Extension Design

These will uh would not be a project that the city would bid out. These improvements would be incorporated into the developer plans and constructed by the by the developer. So these would be exclusively design costs.

John Herdigan [0:21:49]
Authorize MSA for Bailey Road Utility Extension Design

The accessory structures in violation include a detached garage, a leanto garage, driveway and parking surfaces, fencing, um, water oriented structures including a wooden gazebo and a blue shed... A corrections notice was sent on April 2nd, 2026 pertaining to the violations at the property.

Christina Adet [0:29:19]
Appeal Hearing for Nuisance and Zoning Violations at 441 2th Street

I do agree with the city about correction of the uh uh coding violations... I could only do that within my means, but I need to get some help from the government.

Mr. Huen [0:39:10]
Appeal Hearing for Nuisance and Zoning Violations at 441 2th Street

We will be taking care of the driveway portion uh you know during the project... so that that is one thing that is on the list that you know the city uh will can take care of.

Joe Hatch [0:43:24]
Appeal Hearing for Nuisance and Zoning Violations at 441 2th Street

One of one of the issues is that we have a city water mane going under the driveway. And should there need to be work done by staff and it's also going under another structure, we really can't have our staff out there trying to dig up a driveway in order to access this pipe or to tear down a shed in order to access a pipe to do repair work.

Mayor Elliot [0:48:47]
Appeal Hearing for Nuisance and Zoning Violations at 441 2th Street

The real issue is we know the facts here... you buy a property, you buy it, you know, with or without rights, as you know, as is. And that's part of the due diligence of buying a property.

Council Member Taylor [0:46:27]
Appeal Hearing for Nuisance and Zoning Violations at 441 2th Street

So, just to confirm the 4 million number that you've raised, we are not actually certifying that. We're just going out to get bits.

Council member Schmidt [1:09:16]
Resolution 2026-36: Providing for Issuance and Sale of $4,495,000 in General Obligation Tax Abatement Bonds Series 2026A

Correct. This is just that total authorization. We could not go out for more, but we can make it less.

Joe Hatch [1:09:21]
Resolution 2026-36: Providing for Issuance and Sale of $4,495,000 in General Obligation Tax Abatement Bonds Series 2026A

The conservation easement will be the area that is preserved into perpetuity on all of these residential parcels where there will be no no touching really any of the areas beyond that. They can't people can't mow remove vegetation anything like that. That area needs to remain natural for the bluff to be protected.

Nathan First [1:15:27]
Resolution 2026-37: Approving the Final Plat and PUD Request for Eastridge Heights

The public works team feels a lot more comfortable with the ability to um maintain that trail in the winter months having it on the south side.

Nathan First [1:20:00]
Resolution 2026-37: Approving the Final Plat and PUD Request for Eastridge Heights

Yeah, we're very far into the process of of lining up all our financing for the project. Um, we appreciate the opportunity to work with you all to uh get it to this point. We look forward to hopefully getting it started here within the next couple of weeks.

Brian Tucker [1:24:26]
Resolution 2026-37: Approving the Final Plat and PUD Request for Eastridge Heights

This agreement will basically be a precursor to the development agreement. The grading agreement will only allow for the developer to remove trees and begin mass grading and they they will not be able to go beyond that.

Nathan First [1:28:13]
Resolution 2026-38: Authorizing the City to Enter into the Grading Agreement for Eastridge Heights

Ordinances & Resolutions (24)

Resolution 2026-34Resolution

Resolution to accept bids and award contract to Geisinger and Sons for 3rd Avenue Improvements project.

corrections noticeOther

Notice sent to 441 2th Street on April 2, 2026, regarding nuisance and zoning violations.

non-compliance with a leanto letterOther

Document sent with the original violation letter to 441 2th Street.

parcel mapsOther

Documents sent with the original violation letter to 441 2th Street.

certificate of surveyOther

Document from 2004 showing structures and fence lines at 441 2th Street in relation to right-of-way.

section 18-1 subsection 2Ordinance

Public nuisance code related to interference with, obstruction of, or rendering dangerous any public right-of-way.

section 18-7Ordinance

Nuisance code regarding residential driveway width (not to exceed 24 feet) at the curb line.

section 18-73Ordinance

Nuisance code requiring driveways to meet zoning code setback requirements.

zoning codeOrdinance

Governing code for zoning violations and setback requirements.

Planning Commission decision May 12, 2026Other

Decision sustaining staff's recommendation for removal of structures at 441 2th Street within 30 or 60 days.

MSA proposalOther

Proposal from MSA for design of lift station and PRV/metering station for Bailey Road utility extension.

Resolution 2026-35Resolution

Resolution approving property tax abatements for road project funding.

Resolution 2026-36Resolution

Resolution providing for the issuance and sale of $4,495,000 in general obligation tax abatement bonds series 2026A.

final platPlan

Final subdivision plan for Eastridge Heights development.

planned unit development (PUD)Plan

Specific zoning approval for the Eastridge Heights development, allowing flexibility in design within overall development plan.

comprehensive plan amendmentPlan

Amendment to the city's comprehensive plan, approved by the Met Council for Eastridge Heights.

city engineering memoOther

Memo detailing engineering requirements and conditions for Eastridge Heights.

Bolton Bank landscaping architect memoOther

Memo providing comments and recommendations on tree removals and landscaping plans for Eastridge Heights.

bluff restoration planPlan

Required plan to encapsulate all bluff protection requirements for Eastridge Heights.

Resolution 2026-37Resolution

Resolution approving the final plat and PUD request for Eastridge Heights.

grading agreementOther

Agreement allowing Eastridge Heights developer to begin tree removal and mass grading prior to the full development agreement.

Resolution 2026-38Resolution

Resolution authorizing the city to enter into the grading agreement for Eastridge Heights.

Minnesota statute section 13D.05 subdivision 3BOther

Statute cited for closing a meeting under attorney-client privilege exception.

Washington County District Court File Number 82-CV-24-6467Other

Court file number for pending litigation: City of Newport versus Cube LLC.

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Newport City Council - Newport Recorder