Good evening and welcome to the Newport City Council meeting. Today is Thursday, May 21st, 2026. Please join us in standing for the pledge of allegiance. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible with liberty and justice for all. >> Staff, please call the role. >> Council member Schmidt, >> here. >> Council member Sum >> here. >> Council member Ingramman, >> here. >> Council member Taylor >> here. >> Mayor Elliot, >> here. Next on our agenda is to adopt the agenda and the only thing I would note is that we will do the close session portion of the meeting after council comments. Um I expect that will just be anformational item and there will be no action taken after we come out of close session other than to adjourn the meeting. Um so with that any changes to the agenda? >> None. I'll move. >> Thank you. >> I'll second. I have a motion from council member Sumar and a second from council member Schmidt to adopt the agenda as presented. All those in favor say I. I. Those opposed and the agenda is adopted. Next on our agenda tonight, we have our annual update with our True Lens Media Group um who records all our meetings and does an number of other fun videos for us. And we have an Schweisg with us who's the executive director. Welcome an >> thank you Mayor Elliott, council members. Always a pleasure to come before you annually. If we could do it often, more often I would. Don't don't like quote me on that. [laughter] Um, tonight we uh appreciate your time to give you an update on what's been happening at True Lens Community Media. We had a big year last year and um we have a video as we like to bring our annual report in video form. So, uh, our technical manager, Lonnie Garland, is going to play that video now. [music] 2025 was truly an exciting year for True Lens Community Media. First, we launched our new name. [music] Our team engaged with residents throughout the year to raise awareness of our new brand, attending city festivals, community expos, and special events. We also began construction on a new facility inside Woodbury Central Park. The decision to move from a retail space into a community space has been discussed for years. [music] Central Park is a community facility operated by the city of Woodbury. The space acts as a community gathering spot [music] and also houses the Washington County Library, School District 833, and the YMCA. Our [music] new 3,684 ft space located on the second level allowed us to create [music] a larger studio, new podcasting room, additional office space, plus includes more collaborative workspaces. And all this [music] for less rent and utility cost. We occupied the new space on March 2nd, 2026. [music] This milestone was made possible thanks to the continued support of our member cities and commission directors. 2025 also marked a major development in broadband franchising as we saw several companies looking to complete major broadband deployments in our communities. Our board of directors, which is still named the South Washington County Telecommunications Commission, negotiated an agreement on behalf of the city of Woodbury for the first broadband franchise in the state of Minnesota. This agreement with Intrepid Fiber Networks established buildout requirements, reimbursement for city engineer expense, customer service expectations, plus compensation for the use of the public rightaway. Several other cities across the metro are now also requiring broadbandonly companies to apply for a franchise, including the city of Newport. Even with all of that going on, our talented technical staff and content creators stayed focused on continuing to offer excellent service. In 2025, we produced 192 videos, aired 147 city meetings live and on demand. Across our YouTube channels, we had over 214,000 views, and earned national and local recognition from NATO, Northern Lights, and the Alliance for Community Media. Our summer intern program provided an opportunity for a college student to get hands-on experience in the world of video production. Their work played an important role in helping capture footage and create content. After careful research, the concept of launching a new radio station evolved into expanding our podcasting efforts. We introduced the True Lens podcast highlighting local people and stories. and the city of Cottage Grove launched the Grovecast featuring city staff and community voices in 2025. We also completed and supported several audiovisisual projects across our communities. This included installing AV throughout Woodbury Central Park, work on our first video wall installation in the training room at Cottage Grove City Hall, completed audio upgrades to the Newport Council Chambers, improved messaging and conferencing systems in St. park and enhance recording capabilities at Greycloud Town Hall. Looking ahead, we will continue settling into our new space while exploring new opportunities for collaboration and outside revenue. continue to work on broadband franchising on behalf of our member cities, expand recognition of the True Lens community media name, prepare for coverage of the 2026 election, and begin the process for strategic planning in 2027. We extend our sincere thanks to our board of directors. We also thank our member cities, their dedicated staff, and our hardworking True Lens Community Media team. I just wanted to say thank you to Councilman Member Ingamman and uh resident Barb who represent Newport on our board and we're happy to answer any questions you may have. >> Well, the new space is great. [laughter] I got to be there for the ribbon cutting and um can you tell us a little bit? It seems like now that you're in this new space, you're actually renting some space out for other businesses to do podcasts and things like that. >> Podcasting, we're still working on the podcasting format and what we're going to do with that. Um, we've started with one rental with a government agency and then we'll be working from there to see what we'll be doing. Strategic planning will kind of determine more what we'll do with podcasting. Um, but we do rent out our studio to um, one corporation that comes in on a regular basis and does their internal video and we'd be open to other corporations that might want to do that as well. >> Yeah, I thought that was great that you're able to now generate some revenue um, in another way uh, as well. Um, other questions? Well, I just want to thank you for all the video that you do for us and our planning commission meetings, our council meetings, our parkboard meetings. I know you've done some other small uh smaller videos like this capsule videos and um we got the military road one up online as well a month or so ago. So, people can link to that through our website as well. And I saw it had 40ome views already. So, I thought, well, that's great. You know, people are finding it and looking at it. So, I didn't know if Lonnie wanted to say anything. No, I I was stood [laughter] in the back making sure everything works. I get a little nervous when we have to presenting things don't work right. So, luckily things have been going well. So, [laughter] >> okay. Well, Lonnie's who we call when we have troubles with the system. So, uh he's the one who comes out and and uh tries to help make things happen. So, I just want to congratulate you on your new home and your exciting future and I think your strategic planning is going to be pretty fun in the in the space you have and all the opportunities you have now that you didn't have before. Thank you very much. We definitely appreciate your support. >> Yeah. >> Thank you for coming. >> So, next on our agenda, we have public comments. This is where members of the public can address the council about any local government topic that is not included on the regular agenda. This is limited to concerns which are relevant to City of Newport affairs, policies, and practices. We ask that you come to the podium clearly state your name and address for the record and to limit your comments to about 3 minutes. Generally, the council will not take official action on items discussed at this time, but we'll refer staff uh to C or refer the matters to staff if appropriate. Is there anyone who'd like to speak during public comments? Seeing no movement in the audience, we will move on to the consent agenda. Do we have any changes to the consent agenda tonight? Hearing none, >> I'll move the consent agenda. >> Second. >> I have a motion from council member Ingamman and a second from council member Sumner. All those in favor say I. >> I. >> Those opposed. The consent agenda is adopted. Next on our agenda is our engineers report and we have our engineer John Herdigan with us this evening. >> Thank you, mayor. Uh members of the council, uh three items for consideration this evening. Uh the first item is our third avenue improvements project. Uh we opened bids for this project back on uh May 12th. Uh city received five bids. This will be for improvements 23rd Avenue between 21st Street and 15th Street. Uh Geisinger and Suns 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. And uh receiving five bids for the project was also uh very good news. There was a pretty tight group at uh 2, three, and four. Uh but Gistlinger was the apparent low. Uh it's been a while, but Geisinger has worked in the city in the past. They did our Fourth Avenue ravine project uh back in the early 2000s and then under a different name, a lot of the same players, they've actually done quite a bit of work uh on 10th Avenue uh on kind of the east side of 61 back in the in the mid '90s. So, they're familiar with the the city. They're familiar with our our challenges with rock excavation and certainly uh we believe that they're they're certainly qualified to do the work. Uh they're excited to get going. We've uh we've had some conversations with their uh project management team and and looking forward to the uh to starting that work. Uh so in your uh packet there's resolution 2026-34. It's a resolution uh to accept the bids that we've received and award the contract to Geisinger and Suns for that uh stated amount. >> Thank you. Do we have any questions for John on this? I'll move the resolution number 202634 resol accepting the bids. >> Thank you. And I Oh, so I have a motion from council member Sumar and a second from council member Ingamman. Any uh questions? >> All those in I have one. >> Council member Sumar, >> you used the word apparent um bid. Apparently, you use the word apparent low bidder. I'm concerned about the use of that. Is there a way that that could be um come back to haunt us in some way? >> Forgive me. Uh [clears throat] that uh is coming from when we open bids, we uh we always say the apparent low bidder until we're able to tabulate the results. Those results have been tabulated. So I I should not have referred to them as the apparent low. They are the low bidder. >> They are the low bidder. Okay. >> Thank you. >> That allows me to vote with [laughter] your conscience. 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 >> acceptable. >> Uh, yes, >> unwanted, but >> more money than than we would like, but that's just it's very common. This is just you don't really know what you're going to find till you start digging down there. So, I think that's good. We're probably going to come in pretty close to the engineers estimate when we're when all is said and done. Um, with that, uh, all those in favor say I. I. Those opposed. >> Resolution, uh, 2026-34 is adopted. >> The second item is, uh, uh, the 12th Street area improvements. So, these are improvements to 12th Street, 3rd Avenue, 5th Avenue, and 13th Street. We open bids on the same day, half hour later. Uh, and we actually received seven bids for this project. uh this work uh is going to start a little later in this this year. It is a larger project. So we provided the opportunity for contractors to uh complete the work into 2027. Uh they don't have to uh but they do have that option to uh spread this work over uh two construction seasons. We do have stipulations in the in the uh bidding documents that once they start a portion of the the work, they have to finish it. they can't leave the the road in a uh in a constructed or in construction through the winter. Um again, we received uh seven uh seven bids. A1 Excavating uh is the low bidder uh at the amount of $4,93,93. Uh they were pretty close to the second low bid uh within about $80,000. And again, a pretty a pretty tight grouping at the uh the bottom part of the bids, which we we like to see. Uh that tells us that the uh you know the plans were were pretty clear. There weren't a lot of unknowns that people were um guessing on or perhaps um you know compensating with their with their bid. They were actually significantly lower than than we expected and uh based on some feedback we received some of that extended timeline did uh did support having some some lower costs. Uh so we were we were pleased with that. 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. Uh there are uh a few grants that we're going to be using to uh fund portions of this project and once we award a project uh that could be considered encumbering those funds which may not be a or we may not be able to use the grant dollars for funds that have been encumbered prior to the uh grant [clears throat] date. Uh again we had uh we made this very clear in the bidding document so it wasn't a surprise to anyone. We reaffirm that with with A1 that they don't have um any concerns over over that start date. Um A1 has been working in the city. They're actively working on our water main interconnect project. They did our 12th Street and 12th Avenue project in in 2020. So they are also very familiar with the work. So, uh, there, uh, we request, uh, council to again accept the bids for the 12th Street area improvements, and that can, uh, just be done by a motion. >> Thank you. So, do I have a motion? >> I'll make it. I'll second it. >> So, I have a motion from Council Member Ingamman and a second from Council Member Sumar to accept the bids. Um, and I think for people not familiar with this, people who award [snorts] grants, 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. So, it is a timing issue and I'm glad you were very upfront with the biders as to the process on this. So, thank you. Uh, with that, all those in favor say I. >> Oh, sorry. >> One moment. Question. >> I had a question. Yeah. So, since anyone's actively in the city right now [clears throat] doing work, I've not heard any complaints or anything like that, but what's been the working relationship so far? And how's that progress been going with the current contract they have? It >> it's been going well. Uh, the the the project is a little uh behind what our anticipated schedule was uh for a variety of reasons. one getting getting power to our our sites took a little bit longer and then they had some equipment uh and control delays which are a bit notorious for uh being long lead times. Um we don't see that uh that we have any specialty materials or equipment on this project that would cause that issue. Uh but overall uh not only the project that we're working on with them actively. Our 12th Street project uh went very well. Um I we don't you know it it always comes down to the uh to the crew and and everyone working on site. We can't guarantee that we're going to get the same ones. We've worked on them not only in Newport but in uh for a variety of our clients both within the metro area here and then uh they do also do a lot of work in in Wisconsin. So we're we're pretty familiar with them and very comfortable with the work they're doing. >> Very helpful. Thank you. >> Okay. Sorry about that. I'm going to start over. Any other questions? All those in favor say I. >> I. those opposed and the [snorts] uh bids are accepted. >> And then the last item and I and I must apologize because there isn't a cover sheet to this one. So I'll have to provide a little bit of uh explanation. The uh uh we have our uh Bailey Road utility extension which is currently being designed by the engineers that are putting together uh construction plans for the uh Bailey nursery development. Uh they will be uh extending water and sewer from Sterling Avenue up Bailey Road to near uh Bailey Court. Uh so that would be water and sewer. uh we had uh through the process or through the uh concept process for the development, we we determined that we could not uh provide gravity sewer to the Bailey nursery development because there's a big hill on on uh Bailey Road. And in order to go by gravity, the the manhole or the excuse me, the sanitary sewer would be 25 to 30 feet deep. And that's a pretty difficult uh sewer to maintain. and within a county road right ofway, there'd be some pretty significant county road disruptions if we would ever need to maintain that sewer. Uh so through that process, we agreed that we would put in a lift station. 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. Um, normally those uh, lift stations are designed inhouse because we have a little bit more working knowledge of the types of lift stations and similar controls and uh, our integration to the city's ska system. So, now that the development has their concept plans done and we know where that lift station is going to be, uh, we're requesting council to authorize MSA to proceed with that lift station design. Uh similarly, we are preparing for a water mane interconnect with Woodbury through this development. Similar to our interconnect with Cottage Grove, we'll need a a flow meter as well as a pressure reducing valve because the uh the pressure in Woodbury is significantly higher than it it will be in most of uh most of Newport. Again, for similar reasons, we like to have be able to in um design those in-house so that they can match the ones that we recently put in. Uh so they're in your packet. There is a proposal uh from uh from MSA for the two different projects. 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. So the uh lift station design was uh $36,936 and then the PRV and metering station uh $42,773. So the total cost for those design uh is $79,700 $79, sorry. Uh happy to answer questions uh but ultimately looking for council authorization to proceed with the design of those two facilities. >> Okay, questions for John staff. Is this being funded out of the enterprise fund for water? >> Correct. Mayor, members of the council, we will be uh uh collecting um fees uh for this development. This would come out of the enterprise fund. That's correct. >> Okay. So then we pay MSA to do the design work and do we later uh recapture the 79,000 or is that >> not specifically the 79 but we'll collect much more than that with our water access and sewer access fees. >> Yeah. >> Yeah. >> Thank you. Um any other questions? Do I have a motion to approve the design of the lift station and meter station from MSA? >> I'll make the motion. >> Thank you. I'll second. >> I have a motion from council member Schmidt and a second from council member Sumar. Any further discussion. All those in favor say I. I. Those opposed. And the uh motion passes. >> And that's all I have for formal for the council this evening, but happy to stand for questions. >> When do you anticipate the Third Avenue project start? >> I typically uh contracting takes a couple weeks. they'll get their uh bonds and insurance and we I'm hoping to issue that notice to proceed uh by around the first or second week in June and I think they'll start shortly thereafter. Uh they've already started to uh provide us with some of their submittal information. So I know they're they're very eager to get going. >> We'll be sending out a newsletter too uh to the residents that are impacted and getting that uh getting some information up on the city's website as well so people know this is coming. Do you know where they anticipate starting on that or you don't know? >> I don't. Um my guess is they'll start on the south and work north because that's the direction that the uh um sanitary sewer is going, but >> it's kind of up to them. >> Council member Sumar, >> is this once again planned to finish up this year? >> Uh the third avenue project, yes. That their substantial completion is in mid October >> because we do have some projects we're finishing up from last year. Correct. We do. >> And that was based on >> that was due to a a conflict with the uh with the petroleum pipeline uh and working and working through the uh the agreement with the utility owner to get our facilities installed around that. But that is the last of the the impediment to finishing up that of the project. >> Correct. Petroleum pipeline. Okay. >> Okay. Any other questions for John? With that, let's move on to the Superintendent of Public Works report. >> Uh, good evening, Mayor Elliot and Council members. I have nothing formal this evening, but I would like to announce that it is uh National Public Works Week and so I'd like to thank the staff for all the great work that they've done. Um, you know, all the improvements throughout the city. Um, a couple of recently are the new um, portable restroom surrounds at Pioneer. They're pouring concrete tomorrow for one at Lovelin. So, you know, a lot of little projects that we maybe don't pick up on right away, but I think we've got a great crew and uh, love to keep them around. So, um, and in honor of public works week, we, uh, took, um, the new snow plow truck and the loader with a plow on it down to, uh, Newport Elementary and the sheriff's office and fire department also brought equipment down there and basically just let the um, prek through second grade climb all over and explore and you know um and then we actually uh they all signed the snow plow too on the front edge. So um kind of a fun fun deal. You know we don't get to interact with the the kids like that very often. So it's pretty pretty neat to do that. So >> um and then other than that we had uh we are still working on the wording but the tree grant for removal is coming. So, if you have a dead tree on private property, keep your eyes open. We're uh we'll be following up with information soon, just getting getting that processed and approved and uh going through all the steps. So, um we'll really push hard to get everyone signed up by most likely mid August with work to probably mostly take take place in November. So, >> right. Yeah. that uh removal of dead trees on private property and leftover money we'll use on um property uh owned by the city. But it's just a nice beautifification and cleanup uh project for the community and I'm excited to seeing uh the results of that. Any question? Council member Sumar, >> I know several places around the state they've named the snow plows. Have we done that for the Newport snowplow? And would that be something you would consider doing if we had? Uh we had about 80 names on it. So [laughter] uh we we've never done it officially, but yeah, we uh like I said, we've we've got a few pictures where it's covered with names. So pretty fun. >> That's that's the kid's name, but a name for the snow plow. They've they've done that. I'm sure you've heard it names >> just just freight liner so far. So [laughter] >> something we might think about. >> Yes. when our staff has more time [laughter] >> when we hire that media specialist. >> Yes. Yes. >> When True True Lens takes decides they >> That's right. Drive. >> They tried. >> So, yeah. >> Do you want to just talk for a minute about make sure people don't have their grass clippings and stuff going out into the streets and why that's important. >> Sure. Yeah. Um, particularly on the streets with curbon gutter, every time you blow your lawn clippings out into the street, that typically makes it into the river, which it carries phosphorus, nitrogen, other nutrients, which in general supports algae blooms, that type of uh event, which eats up the oxygen in the water and takes it away from the fish that need it to survive and thrive. So, um, along with any trash or oil, anything like that that you know that would be blown in there, basically it's a it's a direct conduit to the river. So, we the more that we can keep out of there, um, the better. And uh that's why that's part of the reason why we sweep streets and and do that kind of stuff too to keep the sand and stuff that naturally accumulates from driving on gravel roads and unpaved driveways and whatnot, you know, it falls off with the snow. So just part of our normal cleanup process. So >> Well, thanks for that reminder. Um Council Member Sumar, >> the other thing to remind people about is washing their cars. Don't run don't run the soap water into the streets either. Right. >> Right. Ideally, put it on your lawn and let it soak in there and um instead of going >> mo most detergents won't damage the yard. Correct. >> Right. Right. It really depends on what you're using and how and that type of deal. But yeah, >> in any case, don't put in the street. >> Okay. [snorts] Well, anything else? Uh okay. Thank you very much. >> Thank you. >> So, um next on our agenda is the administration report. Mayor, members of the council, uh the first item tonight is we um do have an appeal hearing for 4412 Street and um very excited to present Christina Adet. This is her first presentation, I believe, to council. Um she did have a successful one with planning commission. Uh but with that said, I'll hand it off to Christina and uh have her start her presentation. >> Good evening, Mayor Elliott and council members. Um before I present there is two parts to this presentation. The first part is the appeal to the nuisance conditions. Um and then the second part will be the appeal to the zoning um violations. They are essentially the same presentation with the same information. The only thing that changes um is the switching from the nuisance code to the zoning violations. And to clarify on that, so uh technically um these items that are we sent a violation notice on, uh they are violations of the zoning code and the nuisance code and when we received the appeal, we had to respond to both. >> Um Tosa Bhigh to provide some background. Um a part of the 12th Street area improvement project, 4412th Street was identified to have numerous zoning Oh, that should say nuisance code violations. my apologies. Um, including accessory structures built within the public rightway and a sewer and water easement. Um, the sewer and water easement was recorded in the book uh 285 of deeds pages 33 to 42. 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. Um please note that the blue shed um the current owner constructed um without a zoning permit which are required for accessory structures under 200 square ft um and then also decking. A corrections notice was sent on April 2nd, 2026 pertaining to the violations at the property. In addition to the violations at the residence, um, additional documents including a non-compliance with a leanto letter, parcel maps, and a certificate of survey were sent with the original violation letter. An extension request was received on April 16th, 2026 for the violations of excessive vehicles and exterior storage. Um, the city did grant on April 16th that extension for the two violations. However, no further extension would be granted for the excessive vehicles as a violation letter was sent to the current owner in 2023 for the same violation. Um, next are some photos. These first set of photos were taken on February 24th um a little after 8 a.m. The photo on the left um shows the detached garage. Um the photo on the right notes some of the fencing um and also part of the gazebo and the blue shed. Um, next on the left, um, that garage that you see on the left hand side is the area that we consider the lean to. Um, this was an addition that was built onto the, uh, first detached garage. Um, and was built without a permit. Um, and then the photo on the right is a little bit closer of the gazebo and the blue shed. The next photos were taken on March 31st, a little after 11. Um, the photo on the left just denotes the boats and the vehicles in the driveway. The photo on the right is a closer up photo of that blue shed and gazebo uh fencing and decking towards the river. Um, these photos just denote the fence um and also some parking surface violations that were in the backyard with the boats. Um [clears throat] and then again um parking conditions in the backyard and then also the driveway condition along with this shows a little bit better where that connection is made of the lean to onto that um primary garage. And then just a last photo of the detached garage and also what was the um exterior storage. Upon an uh reinspection for the exterior storage, it has been um resolved and is in compliance. Um next is the sewer and water easement. Um the area highlighted and circled in red is that sewer and water easement that does run through the property. Um the property is located just right underneath that 12th Street overlook in green. Um and there is about 14 ft of that sewer and water easement that does fall within um the property at 4412th Street. Um this was uh an existing utilities map that was provided by John. Um it denotes um the structures that are over um the rightways and over the sewer and water easement. Um that leanto garage falls about 14 feet into the sewer and water easement. Um the detached garage is about 10 feet into the public rightway. The fence starts at about 11 ft and tapers down to 4 feet as you work towards the river. Um and then the next slide was a certificate of survey um from 2004. And this denotes still the what was noted as a kennel as I'm referencing is the detached garage. Um the fence line still over the rightway. And then this one denotes that the gazebo also falls um a foot and a little bit into the public rightway as well. Um the appeal um on April 17, 2026, Mr. Huen submitted a notice of appeal to the city um for the nuisance and also zoning violations at the property. Um the facts and basis for the appeal. Mr. Huan stated that in December of 2021 he bought the house and at this time he was unaware about any of the zoning um and also nuisance conditions at the property. He discussed with the neighbors and found that the structures in violations were built about 20 years ago. Uh Mr. Huin currently does not have a job and does not have the means to remove the structures. Uh during an in-person meeting with Mr. Huen on April 15th, he stated that he should not be responsible for the structures that are in violation minus the blue shed as he did not construct the structures and bought the house this way. He believes that the city should have went after the prior owner for the structures that were in violation and Mr. Mr. Hen would like to find a reasonable solution to the current violations. The nuisance codes that are being appealed are section 18-1 subsection 2 um public nuisance including interference with obstruction or rendering dangerous of any public rightaway. This is applicable to the detached garage, the lean to garage, fencing, water oriented structures and the decking. Um, and then section 18-7, um, driveways for residential use should not exceed the 24 feet in width at the curb line. Um, and then also, um, 18-73, the driveways must meet the setback requirements that are located in the zoning code. Um and then the planning commission meeting or decision on May 12th, the planning commission sustained staff's decision um or recommendation that the driveway and leanto must be brought into conformance within 30 days. In addition, the planning commission sustained staff's recommendation that the fencing, water oriented structures, and decking must be brought into conformance within uh 60 days. Um and then intended options for the city council to consider. Our primary concerns are that driveway and the lean to um with them falling under uh the sewer and water easement and we recommend that they be removed and brought into conformance within 30 days. And then our secondary concerns um we recommend that the secondary concerns of the detached garage fencing and water oriented structures be brought into conformance within 60 days. Um and then that was the first part of the appeal for the nuisance condition. This is kind of the second half of the appeal of the zoning violations. Um on May 18th, um the city was informed that Mr. Huan was appealing the decision from the planning commission on May 12th, 2026. Um and again on May 12th, the planning commission did sustain the staff's recommendation of the removal with of the primary concerns within 30 days and the secondary concerns within 60 days. Um so our recommendation for that appeal would be to sustain the decision that was decided by the planning commission of coming into compliance within 30 days for the primary concerns and 60 days for the secondary concerns and that is the end of my presentation. >> Thank you. Thank you. Um questions for Christina on this before we proceed. >> I I just wanted to get the terminology right. Excessive vehicles means what exactly? >> More than four. >> More than four. >> Including boats. >> It does include um recreational vehicles, um trailers, um any SUVs, trucks, essentially any vehicle or attachment like a trailer. Um recreational vehicles can be screened or stored um to be up to two to be taken down from the overall total amount of vehicles at the property. But um they currently do not meet the screening standards with them being out in the open in the yard. >> Thank you. >> Yeah. >> Where are the >> council member Sumar? >> Where are the vehicles viewable from the city street? >> Um yes, the driveway the vehicles in the driveway can be seen from the street. Um, and you can see a portion of the backyard, um, with the vehicles also from the street. Um, I also went into the overlook, the 12th Street overlook, um, which is city property to view, um, into the backyard and also look closer at the decking and gazebo conditions that are closer to the river that can't be directly seen from like the end of the street on 12th. >> Could they be screened with the with the fence with fencing? Mo, in my opinion, most likely not, just due to the fact that fences can't be over six feet. And um, as you can see in some of the photos, these are quite large boats. Um, they would most likely be viewed over the top of the fence, which would not meet the screening conditions. >> I would also like to note he is not he did not appeal the excessive vehicles. Um it was only the essentially the rightway violations of the lean to um the detached garage, the fence, the decking and the water oriented structures. He took responsibility for the exterior storage and excessive vehicles as he um created those conditions. So he believed that he should fix them. So >> part of what we were looking at tonight, he has agreed to bring into compliance >> to fix. >> Mayor, members of the council tonight, the only question for the council are the items that are in the right of way or over the easement. The nuisance debris has been removed and the excess excessive vehicles he's agreed to take care of. Okay. >> So that that is not a question for council tonight. >> Okay. Fair enough. >> So when you say that >> I'm confused. When you say the nuisance items are corrected and we started with a detached >> just the debris. Just the debris. The rest of the items that are in the rightway. That's also a nuisance violation and a zoning violation. >> Okay. So all of the nuisance compon components are taken care of. Just the debris. >> Correct. And the excessive vehicles. >> Okay. And have the vehicles been removed yet or is it just an agreement to remove the vehicles? >> He has an extension. I believe that runs into June. Okay. >> Um to the removal of the excessive vehicles. >> Okay. >> Is that part of the 60? >> The excessive vehicles in the exterior storage are not a part of the appeal at all. It is only the conditions that are in the rightway. >> Yeah. extension staff has already granted. >> Now, recently >> recently we looked at some items that were on a city's sewer line. Is is this part of that determination, that concern, or is this is this the property that has buildings across our sewer lines, which could be a problem if we ever had to? >> Yes. This is the driveway that is over the sewer line. Okay. >> Yeah. The lean to mayor is also over the sewer and water easement as well. >> But they were put there a long time ago. >> It's >> correct. It's not relevant. >> Well, >> that's what I was going to ask. >> Okay. I mean, staff has to have access. That's >> But you don't just because you bought it, you teared it down. Come on. That's what we're we're considering things tonight. >> Yes. So, as I understand this before we allow the resident to um speak on the appeal, I feel like we have two questions in front of us. One is should the corrections required by the board of appeals and adjustments um regarding the right of way, should those go forward, do we agree with their decision on that or should exceptions be made? The other is the timeline and the process for getting these corrections done. Is that am I following kind of where we're that what we're trying to answer here this evening? >> Correct, mayor. >> Okay. Any other questions before we have the appellant uh speak? >> Okay. And the >> will they speak and then we can come back and talk or >> Yes, we'll have them speak first. Um and the appellant thing uh is here with an interpreter and so well she she can interpret while we speak he will speak and then she will speak uh interpreting what he said in his uh language >> but this is not our last chance to talk. >> Nope. >> So with that we'll have Mr. Wyn come to the podium. >> [clears throat] >> And I want to thank you for attending this evening. Uh >> mayor, council, uh because it is an appeal hearing, I would recommend that, uh we note the time and actually open the hearing. >> I know with a public hearing, we do that. I didn't know if necess Okay. So, um with the appeal hearing, the time is 6:15 p.m. Good evening. >> I thank you for giving me the opportunity to voice my opinion. >> I grew up in the in the socialist public um Vietnam. Yeah. Where the government decision is uh not appealable by the not appealable by the people. That's why uh my family and I have left Vietnam and came to the United States where we believe that um justice is rever and a country of democracy. Mhm. That is why I'm am so glad to be able to speak to U. Mayor Mi uh Miss Mayor and the councilman of the city and I believe that I will um get justice uh from uh from um from you you all. Um as I have said it in the earlier meeting I purchased uh this house uh the and the current current condition was already there for more than 15 years. The gazebo uh has to be more than 30 years old. It was not um I was not the one that built them. I only purchased it five years ago. Zoning violation were not um made by me. >> Um that's why I went through all the procedure when I was purchasing the home. I did not receive any papers mentioning the violations including the um the G in 2012. Uh I I do agree with the city about correction of the uh uh coding violations. There are so many violations that I would ask for your help to take consideration into into those violation that um that can be uh um that can be um taken into consideration >> that that has been exist. Okay. And for the violation that are so serious, I hope that we can work together so that it can be removed. I could only do that within my means, but I need to get some help from the government. income. Um I have studied many cases throughout uh the cities. Um I also um learned that they have um different approach in different cases uh whether it's in the income depending on the income of the violator maybe they would help to work out like with a budget that allow them to get it taken care of agreements approachment. >> Okay. Agreement. >> Okay. And for those um violations, the item that uh in violation that don't uh that won't affect the project, maybe we can come to an agreement so that they can survive. remove. Okay. In the future if the city have any planning uh in those area and I would agree to remove those um items. Uh, I have had a chance to talk with Miss M Miss Mayor earlier to tell her my financial situation. I hope to be able to cooperate it with the city in order for us to find um reasonable solutions. Mr. Taylor, council member Mr. Joe. Uh, I have also talked to council member Taylor and um um city administrator Joe Hatch and um they told me that hopefully at the the council meeting today we can work together to find a solution. >> Yeah. Okay. Straightful right now. >> Yeah. Okay. Uh I hope that after you discuss among yourself, maybe you can come up with a um uh um a solution that help me out instead of pushing me towards the corner. Thank you all. >> Thank you. And I will have you wait there and um we may have some questions for you and some questions for staff. Um >> so I think what I heard Mr. W say well a number of things but just are there violations that don't affect the project that can be left in place? I felt like that was one of the questions. Um, it seems that the board of appeals said no, everything needs to be taken care of. Is that staff's position? >> Uh, mayor, members of the council, that is um staff's position. Um, many of these items uh either are on the utility easement um or would impact and impede. Um, as part of this project, we will be improving the 12th Street overlook. Um, and currently there's, you know, a significant portion of that fence uh into that rightway and into that uh public land. So, at this point, you know, because of that investment, I I mean, that's that's not our primary concern. Of course, the primary concern is with the easement, but yes, we would hope uh to have all of this resolved. >> Okay. Thank you. Um, Council Member Ingamman, I have a a real problem with the city screwed up a long time ago when the house was built. And now we're telling this guy here, he's got to take care of it. It's a city problem that should have been taken care of a long time ago. >> But that doesn't mean that we can just ignore the problem today. >> No, no. He's asking for the city to work with him. I understand that and I agree with that part >> and I'm I'm trying to get us to that resolution and I'm I'm asking some of these questions to know whether the the corrections can number of corrections can be narrowed in the list. I'm understanding they do need to be um done. It does uh seem to me that the driveway is probably one of the more challenging [clears throat] things to fix. Um Mr. Hatch, do you want to talk a little bit about how we may be able to help um the resident out with this? >> Yeah, mayor, members of the council, I did have a conversation with the resident this week and um you know, I think it was a a good conversation. and you know there was concern that he may be targeted and I think after our conversation he understood that you know why we're here. Um and of course I did tell him that I'd be you know talking with the council and thinking of solutions in conversations with engineer Hardigan. Uh we we will be taking care of the driveway portion uh you know during the project. that's something that can be removed and and corrected because we will be installing the new as council knows the new curb and the new access to the driveway with that um you know that portion there. Uh so so that that is one thing that is on the list that you know the city uh will can take care of. I think, you know, the other piece that that I think is the, you know, a primary concern is that lean to and I did talk with the resident that um, you know, should council direct me or direct staff, uh, you know, we could work uh, you know, on an agreement to look at, you know, getting some some um, you know, some construction folks to look at it, get some quotes, uh, maybe bring it back to the council or not. Um and then potentially work with the resident if we can get that agreed to uh and then you know the get that work done. Um the city pays for the cost and then we assess it. I unfortunately I don't know the costs um but we'd want to do it to code. Uh and I think longer term if you're looking at the fence and some of these other things we could work with him as far as timing. I mean there's there's not a great rush. this could happen, you know, during these summer months hopefully and and kind of get it cuz as you know, we're not going to potentially be approving this project uh and going forward that bid until July 16th. So, we can hopefully, you know, just give a little breathing space uh on that. Um I'm not sure what other, [gasps and sighs] you know, creative solutions there are. Um I, you know, as I've told Christina many times, I think it's, you know, it can be tough with code enforcement. We cannot be arbitrary. Uh we cannot be capricious and we have to think about the community as a whole. And unfortunately, and this is, you know, something I have a ton of empathy for the resident here, you know, sometimes when you buy a home or a property, there may be things that aren't to code or that need to be fixed. And, you know, it is terrible. I mean, this is stuff that's 20 years old. Uh many of the things he didn't construct. And, you know, we we found a number of issues as we did the surveying for this project. So, it we're here and uh we're doing our best to work it out. >> Do you know if some of these uh structures that are in the right ofway will end up coming down simply as a matter of the work on the overlook so it becomes not a tear down issue but a hall away issue. >> I uh mayor, members of the council, I don't believe so. I mean, I I think that fence uh you know, >> I I don't think that's going to impact that work. And it's only >> it's maybe only three or four feet into the rightway kind of closer where we're thinking about doing maybe that sitting area or the wall. Um but I, you know, you know, we we would like it to be either removed or moved. I mean, if we're going to just thinking about the entire community as a whole, you know, folks and uh, you know, sometimes if you if you live next to a park or things like that, you might, you know, start encroaching >> uh on on public lands and things like that. It does happen. I'm >> um but, you know, that's, you know, when we find out about that, it's not okay and and, you know, folks shouldn't be building things on other folks's properties just generally. Um, but I mean it's, you know, we'd work with him and and you know, I I know he's asked to maybe com keep that stuff. Um, you know, I I would work with him in order or staff would work with him in order to try to keep it, but it does have to be out of the rightway, >> right? And I think for those who are watching this meeting, 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. It's both uh something that's going to be timeconuming and delay the work getting done, but also it can be a workers's compensation issue if we have our own staff out there hauling and moving um torn down materials. So uh that is that is part of this uh concern. I do see that the applicant would like to make a comment. Mr. Win City. Uh I would like to thank council Tomingman um for understanding the problem. I have with me uh the 2012 document to show that the city back then have issue um this uh document talk in which it talk about tearing down the >> garage >> the garage and I still don't understand why it's still there without being taken down. I think that's a great question. I don't think any of us can transport ourselves back to 2012 and answer uh that question for you. I do know I had uh items in the public right ofway and when my road was reconstructed, it had to move and so there were no options. uh the landscaping, the rock, I had a large rock, I landscaping rock, all of that had to get moved out of the right of way and even though it had been there for many years, it had been there for probably 20 years. When the city came in to do the work, the correction had to be made in order for them to do their work. Okay. Um I understand your assertion but um the 15 years ago um the um this violation already exist. the previous uh and I was not the one that built the property the previous owner did. But uh I what I wonder is how come city didn't ask him to correct the problem and now I have to bear the burden. >> Do you want to answer that? >> Well council member >> I don't know. I mean this is I mean we can be here I listened to an hour of this discussion at the planning commission so this went on for an hour there and this is this could go on for an hour here. The real issue is we know the facts here. I mean, I think we know the facts. This is what we're going to decide to do. >> And, you know, property rights part part of, you know, 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. And it's >> some of this stuff is more obvious than others. A simple aerial image search, which on the county parcel would show that a lot of this is in the right away. So it isn't it's pretty some of this is pretty basic due diligence but the rightway easement might be a little less obvious but that has to be fixed and you know and I guess the only question for me is you know a it's timeline and b is should the city help facilitate financially this the fixing I don't think there's really much debate I mean I don't know maybe the gazebo was it what is that one foot corner of that in one foot something like that I'm not concerned erned about one foot, but a lot of these other parts of this piece are not expensive to fix. >> Removing a little bit of decking, not hard to fix. >> A shed that was purchased, not not hard to fix. Removing a fence, not expensive. Removing what Christina's called the detached garage that's out near the street, not expensive. The only part of this that would entail significance, potentially significant expense, would be the garage that lean to. So most in all the VXSE vehicles. So most of this in my opinion can be fixed without the financial question even being raised and I haven't seen any of this being fixed period other than a little bit of scrap next to the building. So I mean it's just there I want you know there's concern to be sympathy but I haven't seen I haven't seen any progress like many other you know and this is you know and we can point back to 2012. I wasn't here, but you know that's some people here were here there in 2012. And it's like that's the thing is we're here today in 2026 trying to do things >> the right way. >> And I I know that's going to get upsetting to you know when we do that code enforcement does when [clears throat] you start to increase code enforcement it does put get a backlash >> whether that's small things or big things. in it. The question is, are we just going to >> Did you, >> you know, back away at the first sign at every little resistance we get or are we actually going to uphold a code that we've passed and approved, >> you know, I I just to me this is, you know, I don't know. I mean, I guess most of this can be fixed. I just I I mean, if there is a need, if there is a desire to, you know, >> facilate, I don't know if we want to get into the things like assessments, which was discussed, you know, previously. You know, it's like I don't know that cities should be doing that >> to fix, you know, if that's a precedent we want to start to go down the road. Otherwise, people typically take out a loan to fix the problem. That's pretty basic when people have an issue on their home. You take out a loan. I mean, and that's so I I don't know that the financial considerations and we're not in the income verification. We're not in the employment. Yes, we could be sympathetic, but it's like we try to apply these. I know it's Yeah, the street stuff sounds like it can be fixed in, you know, the driveway can be fixed. Yeah. The time of of the street improvement, >> but none of this other stuff has to do with, you know, that would be the only part, but I think everything else >> other than again flexibility on the gazebo, one foot is pretty minor. >> But this is an important we're investing how over $4 million on this street that's terminating at the river here. And so we want it to look good. when we were making a $4 million investment, >> removing some fences in our rightway, removing some relatively old sheds. These aren't new. They're not they're not of you know I mean so it'd be different if there was a high value structure there but the gazebo is certainly has more of the special place because it's by the river >> and so I'm more sympathetic but >> so >> I mean I'm I concur with staff's assessment and the board of appeals and adjustments assessment of the items that need to go. I am comfortable with staff making a decision on the one foot of the gazebo whether that's a six months or five years or when it runs its useful life may >> things tend to run their useful life. Um I just would like to know where the council kind of stands on that kind of a a statement. Are are we in some agreement? Are we in disagreement? Um, and I we don't have any motions in here or I guess just the resolution to sustain 100% of what the appeals >> Sorry, mayor and council may just for a moment. Yes. >> Um, the public hearing is still open at the moment. So, I think it would be recognized uh if anyone else wants to speak and then close the public hearing and go into deliberation at that time >> before we get to two. >> Okay. Well, I just didn't know if we have a sense of disagreement [clears throat] here that we would have more questions there. >> So, I really did want to just make sure we could kind of confirm and and level out the direction because I think the real next question and really the core question is how can we help him comply? And that becomes a policy issue. Um, I understand other cities have programs where it looks at the ability to pay. I going to presume those are larger cities um that, you know, are have those kinds of programs and policies in place that just, you know, that's not a decision I'm going to make on the fly. I guess I would need far more research on that. So, um, >> did Mr. W, did you have something you wanted to say? Yeah. Yes. Um, I do not bring up this document as a form of um, defanting or not complying, but I just want to I just hope that you uh, can see the situation where I'm at and and understand and offer some sort of support. I think we are in concurrence that we all wish this had been brought into compliance in 2012. Thank you. Well, um as I heard your discussion discussion about the gazebo one foot and um u the fans if they are not the primary concern can they be existing? I think I would I think staff has told us um no on the fence and some consideration perhaps on the gazebo um that >> I guess I would look to staff for some thoughts on that. >> I I think if we um think about our primary concern is uh the driveway and the leanto. I think uh that that secondary garage, that detached garage, it's significantly into the rightway. That fence is significantly into the rightway. Um you know, I I mean, it is what it is. I think at the at what I would recommend if council should decide to allow, you know, one foot of the gazebo into the rightway that we document it in a way where there was a decision and if it's um, you know, a rightaway permit or something like that that at least acknowledges it. We could set a limit on that. That's where I'd go with it should council want to allow that if I mean just on the spot thinking of how to solve it. Yeah. or through the useful life of the gazebo, but not to be reconstructed >> potentially. >> Seem to get some buy in from public works. >> We seem to get some buy in from public works. I see a head nodding down there. >> Well, I'm just saying make make sure it doesn't continue or allow it to be >> repaired, >> repaired or >> expanded or Yes. I think the other concerns about the right of way is if we damage something we allow to be in the right of way, then they're it's it's going to come back to us to um repair the damage that we did. I think the other component is if we allow something to encroach one foot into the right of way. Now we are setting a precedent and there may be something else or a case uh at some point in the future or the future council has to consider where a one foot encroachment is really not you know we can we can adjust the right of way then if we don't think we need that extra 12 in then maybe the rightway amount is incorrect which I do not believe um you know we're we're looking at best practices when we set up rightway widths and the kind of work and again what with the, you know, water uh main running underground there. You know, these are significant things. I don't think I have a water mane under my property and I still had to move everything out of the rightway that was mine. So, Council Member Sumar, when I moved into my home, there was a heavy rainfall and it washed a significant amount of sandy soil off of the public works property down to my home and it flooded my home. And I would have had no idea when I bought my home to look at the large expanse of surrounding properties to see every bit of potential damage that could have happened. So I am supportive to the extent that's reasonable to do what the city can to assist this person. And if I'm understanding correctly that we said that we would be willing to part of the road reconstruction remove the the driveway and the asphalt and some other things that are heavy heavy construction projects that we're going to be doing as part of an ongoing project. I would support that work. Some of this other stuff can be done. Some of this other removal can be done >> probably without too much difficulty by an individual or a you can probably have stuff torn down by subcontractors and so forth. I don't know if an organization such as Habitat for Humanity or some other community-based organization may be able to come in and assist this gentleman. if any members of his community, larger community can come in and assist him other than relying upon the city to do everything. But I to the extent possible, I do hope that the city will do everything that it can to help an individual >> with a problem that was not of his making. Anything that's of his making, he should be responsible for. >> Okay. Thank you, Council Member Sar. Council member Schmidt, >> I I do have one question for you. Um, out of all the violations listed that you're aware of, um, are you asking the city to take care of every one of them? Are you going to take care of some of them? >> Concretely, what is your proposal to this council on what you will do? Well, among the list of violation I have um been clean up the house and vehicle I I um have commitment uh to >> Yeah. >> Uh the vehicle I would remove them as promised but for the deck and the fence uh I think I need a license to do that kind of job. So >> license permit not >> permit sorry permit. So too. >> Yeah. As for the storage um if I have to move it uh five feet then I will lose onethird of the um storage. >> So so to confirm any structure you are unwilling or unable to move correct. Well, because they require permits and I am unable to um do that work alone. computer. >> Okay. Well, um when I purchased the house five years ago, I still had some money um I save and and then I asked um permit to build to build a structure. But after a year something happened and that structure has not been finished. >> Okay. No further questions. Thank you. Uh I am mention that because there are um project that I plan to get done a long time ago but unable to due to my financial situation. It's not that um it's not that I don't want to comply with the city requirement but because I am unable to financially. >> Understood. Thank you. I am getting ready to close the hearing portion and before I do that, is there anything else that you would like to add, Mr. Win? Mhm. just Okay. Well, uh like just like um um council have asked um I have done uh the part that I am able to and as I have talked to Christine and Joe um I have tried to um uh comply uh to keep up with the deadline. You gave me a deadline of June 14 and May 14. And I I think I have done my part. Mayor, if I can ask a clarifying question on one of the structures to >> Yes. >> I know when we had our meeting, you mentioned that you would take responsibility of the blue shed. Is that still a stance that you take in this since you constructed it and you mentioned that you would remove it? Uh I think I misunderstood you, but if that is what you want, I would remove it. >> Okay. I know when we had a conversation when you stopped into city hall back in April originally, you mentioned that you constructed the blue like popup shed by the river without a zoning permit. So you mentioned that you would take I let you know um it wouldn't be allowed or an approved with a zoning permit even if you applied retroactively um due to being over the allowed amount. So, I just wanted to make sure we're all on the same page about this structure and that it would be removed and that you take responsibility. >> Yeah, I will remove that. >> Thank you. That was the last the only question I had. >> Thank you. At this time, I'm going to close the public hearing at 6:53 p.m. Um, I'm going to suggest to the council that we uphold the findings of the U. Board of Appeals, assessment, board of appeals and adjustments and um allow staff to develop timelines and work with the uh appellant uh to accomplish the work uh that the board of appeals approved. >> Can I ask one question? It kind of builds off what Christina just mentioned. So given the number of accessory structures, if that detached garage, >> I don't know how you count with the water oriented structure there in the would that blue shed be allowed if the other one was removed? >> No. >> Yes. No. Where where are we at in terms or >> I got to speak on the record. So >> Okay. >> Um mayor, members of the council, I helped Christina uh with the review of of the water oriented accessory structure. The decking and gazebo are considered to be part of one structure. >> The blue shed that was added was was was considered to be a second one. >> With the R1A properties that are along the river, they have a special allowance by the zoning code to have water oriented accessory structures. We consider that to be essentially a bonus structure. Those are typically larger lots that can have, you know, typically larger areas so they can accommodate more more structures. So basically, if that one was removed and that blue one was put, let's say the blue one was moved in that same vicinity out of the rideway, >> you'd be allowed, no, it'd be an intensification beyond what they have now. So the gazebo and decking are of a of a footprint that's greater than the maximum by code. >> Okay. So as far as overall >> Okay. So do you see where we're going with that? >> Yeah. So you just can't you wouldn't be able to have either structure. You can't have the blue one either. I'm just going to try. can't have two water oriented accessory structures and the blue one is the second one. >> Okay. But if that one was no longer if let's say that blue one was moved up to where the up by the house. >> Sure. So there is a there's kind of like a boundary that you establish uh from the river. >> Okay. >> All right. Um between the house and the river >> that's on one side of the boundary you can have your like normal accessory structures and on the other it's considered to be within the river setback. So you can only have a water oriented accessory structure in that area. So, if the blue shed was moved closer to the home, it would be having to it would have to get counted against the allowance that everyone has for their total number of accessory structures, which is already at the limit with the attached garage and the detached garage. >> But yeah, if that what you're calling a detached garage was removed, >> I see. >> Then that blue shed could go there. >> In theory, let's just say that could go there. >> In theory, yes, there is a maximum footprint we'd have to review for. >> Okay. So that's where I'm just you see where I'm going with this is like >> you know that's obviously a new truck relatively new smaller but it's like that's movable >> in a way that the detached garages. So I'm just going to suggest suggest that that's one way to get towards compliance >> and not have to dispose of this shed that was just added but it's like cuz yeah I mean the thing is we have too many accessory structures too and that's all right. So that's just I just wanted to make sure I understood and make sure that was clear. Thank you. >> Other questions for staff? Council member Sumar, >> I believe you said that we're going to follow the board of appeals, >> but I thought we also agreed that we were going to have the city remove some of the >> Yes, the board of appeals is the findings of the violations >> and then they also did then timelines for correction. So we would be upholding the violations. We would be agreeing to um manage the removal of the driveway because that is going to be part of the construction >> project that we've project. >> Okay. >> To begin with. So that that's already built into the construction project to have to remove that >> and [clears throat] then it would be you know the apron and stuff would be put back in >> um out of the right of way >> just yeah just up to the rightway not the whole driveway. We're not going to fix we're not going to propose >> need to tear up the whole driveway to do it. >> Are you concerned though? Are you concerned about the part of the driveway though that's still in the easement? You want that removed? Correct. ement >> or not the sewer water easement. >> Correct. We'll we'll uh just to that point and then make sure it complies with the public works uh design manual which would be the the uh the access to the driveway. So we'll we'll make sure it's to code. >> I think so. >> Okay. So I proposed upholding the findings and allowing staff a little more leeway on establishing timelines for compliance. those which are you know most critical to the project completion taking highest priority primary concerns and then the secondary concerns um you could adjust those timelines um as you deem appropriate with his ability to comply the city is going to work with the uh >> we'll give him extra time to get things done I would still like to see you know I worry that that's a very soft notion. So I would like to see more specific maximum times >> get done by the end of the year. >> I mean I'd say a maximum of >> I [clears throat] would say propose 180 days for all concerns. Let's see that's that's even that's quite a ways out. >> I'd say maybe 120 days. I think that gives you gives a fair amount of time to plan if there needs to be equivalent to four months. I think that >> okay >> to address I think you know primary and secondary concerns I'd be willing I know it's there's a risk that with if we had to destroy that we don't want I mean it's like that is also the hardest part is that lean to garage too so I would just propose a compliance for primary and secondary of 120 days if that was agreeable to the council >> council member sumar >> are we going to be doing any of the construction pro project this year within that 120 days. So I think doesn't doesn't the construction project set a limit on the dates? >> It certainly will on the primary items. >> Yes. such as the driveway and um the other structure that's uh in the way >> freeing freeing up the underlying water main and the sewer mains under >> we know we can control the driveway and when that comes out it's the other structure that's really the the pressure item you know that needs to get done >> city engineer they seem to think that would be >> yeah the [clears throat] the 12th uh street improvements project will likely start in this area and then work its way to the east. Uh, one of the first things that will be done would be the, uh, excavation of that water man. So, a portion of that driveway that is within the easement will likely be removed fairly early on. And then we would put in the, as administrator Hatch mentioned, put in the driveway apron toward the end of the project. And then you know any pavement that was disturbed uh that is outside of the easement would then be repaved at that point. >> Generally we we normally repave the driveway up to the right or up to the property line. >> Um and in this case we have some uh there's some drainage issues there that we're going to correct and make sure that the driveway drains and that the the road drains. But other than that, you know, the the storm sewer does run right along the fence line. It does uh it is right along the um >> the uh detached garage. >> It's unlikely that that's going to inhibit that that work directly. So I'm not concerned of the 120 days will have any kind of >> impact on the on the project per se >> or immediate impact anyways on the initial work >> but then it needs to get needs to be done by 120 because it's >> okay. >> How do other uh council members feel about 120 days? >> As long as it's within the time that's necessary for that project. >> So um Mayor, >> I have a motion on the table to uphold the find. Yes. Uh, >> thank you. Uh, mayor and council. So, I would suggest for the motion that, uh, staff also be directed to bring back a resolution of findings upholding the planning commission resolution 2026-1 uh, and staff's determination of this nuisance conditions and establishing 120day deadline. So, we'd like to make those written findings. We didn't have them tonight due to the sort of complexity of this, but based on the if that's the motion based on the discussion tonight, staff would bring back a resolution with those findings. >> Okay. So, we will see that at the next meeting then. And I think we can put that on consent. Okay. So, no motions tonight. I think we have a >> clearance though. >> Close enough. >> I would still make the motion. >> Yeah. Sorry, man. Council. So the motion would be to direct staff to bring the resolution of findings to the next meeting. >> Entertain a motion to direct staff to bring back uh findings in concurrence with the board of appeals and adjustments and uh directing staff uh up to 120 days for compliance with those findings. >> Do I have a motion? >> I don't want that motion. [laughter] >> And the city will work with the up to 120 days. 120 days. It's double what he's got now. >> Well, yeah. >> Unless if we're gonna unless somebody's proposing to provide some financial thing that's really working with is time and but it's really unless if you're going to propose something financial. >> I I'm not going to propose that. But if somebody else wants it, then that'd be up for debate. But >> I mean, it's easy to have a nice vague work with, but you got to give our staff something specific. And if you want to if you want to direct them to give money or financial considerations, you need to we need to be agreement as a council. >> No, I think the city has to work with the whole >> that's what they've been doing. >> The city a long time ago screwed over whatever. >> Well, okay. Mayor, yes, >> mayor, members of the council, um just because the city uh made a notification for a resident um whenever it happened, that is not the city of Newport's fault and the city of Newport uh has the opportunity to go and make those changes later. Um, frankly, you know, this is like many things here at the city of Newport where just because something wasn't followed through in the past doesn't mean it's not going to be followed through now. So, you could also look at it like this property has had 14 years to get into compliance. I have a lot of sympathy for this resident. He's owned the property for a numbers of years. I'm willing to work with them. Uh but we do need to clean this up and this is an opportunity that came up because of this uh the survey work for this project. So >> okay. So in this case uh council member Ingamman working with means allowing up to 120 days to comply. That's what that means. If you want it to mean something else then as council member Taylor said you need to make a clear proposal. >> Okay. Okay. So, we have that on the books. Do you want to move it? >> I'll move to that direct staff to prepare findings based upon the plan board of appeals and adjustments hearing and provide 120 days to for primary and secondary concerns to be brought into compliance. >> I'll second it. >> So, we have a motion from Council Member Taylor and a second from Mayor Elliott. Any further discussion? All those in favor say I. I. >> Those opposed, >> no. >> The motion carries on a 40 vote with Council Member Ingamman voting no. >> I am going to make a motion for a brief recess at this time. We'll be back in 5 to 10 minutes, but I do need a second for that. >> Second. >> Thank you. I have a a motion from Mayor Elliott and a second from Council Member Sumar to go into recess. Any discussion? All those in favor say I. I. Those opposed. We are in recess. I would like to call the meeting uh back to order following our recess. Next on our agenda is uh the property tax abatement and public hearing. Um I will turn that over to you for an introduction. Mayor, members of the council, we have our financial advisor, uh, Jason with Ellers, and he'll come up and as a public hearing and a couple resolutions for council to consider tonight. >> Thank you. >> Well, good evening, mayor and members of the council. Uh, the item you have before you this evening is a summary of a proposed bond issue for some of the road projects that have already been discussed this evening. Uh we talked about this at work session on May 7th. [clears throat] Talked about an amount that was slightly more than what's being presented to you tonight. We've had the opportunity to reduce uh the size that's in front of you uh for the savings that came as a result of the bidding that happened. But then which is good news of course and then on Monday uh found out that you also received more money uh through the state from its bonding process. So uh probably then there'll be an opportunity to even reduce this further. Uh so some of what is in the uh report before you this evening is going to change uh the way it sounds uh the way that it sounds like uh the discussion is moving towards is financing only the assessment portion of the bonds and that's that's perfectly fine. Um the report that you have before you tonight kind of outlines a larger bond issue. I think most everything would stay the same except that sizing. Uh I wanted to talk a little bit about the schedule as well. uh just given kind of where we're at and the need to shift course. We had initially proposed that this sale would happen on uh June 18th and uh there are a couple challenges there. One, uh we need to change course and need a little time to be able to do that. Also, uh with June 18th following the day before a holiday where the markets closed, uh we actually did a little research to understand whether uh we would have underwriters actually be available to bid on the bonds. and we got maybe half of them to say yes and half probably no. So what that means is we might actually have fewer biders uh if if we were to hold a sale [snorts] then and that's not going to be advantageous for Newport. So I think given some of the uh changes in timeline here uh I would suggest at least moving that back a week. Uh it can go move back as far as you'd like certainly but I think we're going to ultimately run into uh the need for dollars to pay for project costs. So there's a balancing act to be had there. So, uh, Administrator Hatch and I earlier discussed maybe moving it, uh, a week later to June 15th. Uh, but that isn't a regularly scheduled, uh, council meeting date. Uh, we looked at the following regularly scheduled date, but we're running into the same problem with the Fourth of July holiday and the potential biders there as well. So either that that June 25th date, which is certainly workable from our perspective, and only pushes the closing back a week, or we could push it even further into July, provided that there would be no urgent need for the funding that would come from this bond sale. We'd be delaying that for about a month uh into probably um August before there be a receipt of funds. So uh everything else in here would be as anticipated. I would recommend that we continue to hold uh the public hearing tonight on the tax abatement, pass the resolutions that authorize the tax abatement because we need that uh for authority to actually issue the bonds. And then I uh once we determine what the final amount and timing would look like, what we would do is uh prepare a revised report like the one that's in your packet, uh turn that over to Joe and he could circulate that just for your review, but then you would at least have an idea of what that's going to look like when it comes back to you on the day of sale depending on when we decide that is. So, I'll stop and if there's any questions or we need to have any further discussion, certainly happy to do that. >> Uh, administrator Hatch, did you >> Oh, uh, just to clarify, uh, I think there was a kind of a question. Um, I would recommend we still keep the June 18th meeting. Uh, but we also add an additional meeting if there's a quorum of the council on that June 25th date. and that the only item uh would be to consider um uh that bond that night >> um June 25th uh number of people there will not be a quorum. >> Oh, there might be a quorum but you won't be here. >> We got legal >> and I won't be here >> on the 25th. >> Yeah, >> I'm here 24th. [laughter] >> 24th is legal the 24th. >> Okay. Oh, >> there's the league meeting. Y >> So, um and generally we do not meet uh have the first meeting in July, which puts us uh to July 16th. So, I think there's a question about the urgency of the needing the funds. >> I'm going to defer to engineer Hardigan. >> Mr. Herdigan. So, the third avenue project is going to move forward pretty quickly. >> That project is going to utilize uh existing grant dollars and it would likely not uh we wouldn't be using the proceeds from this bond uh for uh reimbursement for for partial payments for Third Avenue. If we uh award the um 12th Street area improvements project on the 16th of uh July as we are planning generally that's a two-eek period to uh to do contracting and then the first payment to a contractor generally comes about a month after they would uh they would get a notice to proceed. So, I would expect that your first the first payment that you would issue to the contractor would be at your first meeting in September. >> Does that work, Jason? >> Yeah. Yeah. Mayor, if if that is the the cadence, we could certainly award on that July 16th meeting. We would have a closing that would occur in the first week of August in that case. So, you would have funding, you know, in plenty of time and and that gives plenty of time also to sort through, you know, the exact uh amounts and things of that nature as well. Okay, let's assume that date and if we need to um schedule something earlier, we'll have our administrator reach out and get a quorum together um to approve the sale to approve whatever we need to approve. Um any other comments from you? Anything else, Jason? >> No, it just be a matter of uh holding the public hearing and still again considering those resolutions that are before you this evening. >> Okay. Uh, I think we're good here. So, with that, I will open the public hearing. It is 7:22 p.m. Is there anyone in the audience here uh to speak on this bond issue? Nobody's moving, but I just want to make sure. I've watched other mayors in this position. Okay, nobody is moving. With that, I will close the public hearing. It is still 7:22 p.m. And um then I would entertain a motion uh for resolution 2020 6-35 which is approving the property tax a resolution approving property tax abatements. >> I make the motion. >> Thank you. >> Second. [clears throat] That's a motion from council member Ingamman and a second from council member Sumar. Any discussion? All those in favor say I. >> I. Those opposed. The resolution is adopted. And then we also have resolution uh 2026-36. Um that's on page 182 of or 183 of the packet I think. Yes. Um, this is a resolution providing for the issuance and sale of $4,495,000 in general obligation tax abatement bonds series 2026A. Do I have a motion? >> Make that motion. >> Thank you. >> 2026-36. >> Thank you. Second. >> Go ahead and make it. >> Okay. >> Okay. Okay. So, I have a motion from council member uh Sumar and a second from council member Schmidt. Discussion. Council member Schmidt. >> Yeah. 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. >> Uh mayor, members of the council, that's correct. Um we do anticipate uh the final number will be that uh just for the assessments with I I believe it's about 1.3 million. Uh and council would make that final decision. And it sounds like we're we're scheduling it for July 16th, which uh thankfully aligns well with uh potential work and and payments needed for the 12th Street project. So >> So going out for more than we are expecting we will be. >> Correct. This is just that total authorization. We could not go out for more, but we can make it less. Um and so kind of like that preliminary levy, I guess, is the way I'd >> and we're going to make it much lower. >> Unless you want to sneak a bike trail into Bailey Meadows with [laughter] Well, and I think it's important to understand um the bonding money just came through. Um there's a number of other funding sources that are coming through on this and we want to make sure we have all of that settled and determined before we actually do a final bond number. So, this is really just about making sure that we don't put ourselves in a bind on on getting this project paid for. So, other questions? All those in favor say I. I. Those opposed. The resolution is adopted is okay. And uh next item under administration. >> Mayor, members of the council, we have some uh some uh some items with the Eastridge Heights approvals. We have a final plat and a planned uh unit development. And we have a presentation tonight by our great city planner, Nathan First. >> Thank you, Minister Chair Hatch. So, uh, good evening, uh, mayor, may mayor, members of the council. I'm actually going to be able to present on, uh, items C and D on your agenda. So, we'll go ahead and get both of those done through this presentation. Uh, we'll talk about them both. So, uh, what you're looking at this evening is the final plat and planned unit development request for East Ridge Heights. U, you will remember well this site because you talked about it literally months ago. So, this is now back to you for a final plat. Uh the site uh site plan is uh largely consistent uh with the preliminary plans that the city approved in March uh when a public hearing was held. Uh before I get too far, I do want to note my staff report did have in the subject line public hearing. There is no public hearing this evening. Uh there is not a public hearing requirement for this uh process at this stage and there was one held on March 10th at the planning commission. So just want to address that uh project overview. Uh so we talked about the applications. You know, this is a collection of uh a number of different properties uh that are in that area generally uh south and east of the Hastings and Billy Road intersection. Um site is just under 60 acres. There are 73 single family homes that will be platted in this project. Here you can see the uh most of the parcels that comprise the site uh on this uh aerial and then you can see the nature of the existing improvements that will be removed for uh for this project. >> So just as a refresher, the final plat process is really where we're beginning to review those final details of the development uh and uh looking at what will be required before construction begins. So, uh, just as an update for you, the comprehensive plan amendment that the city council approved in spring, uh, actually was approved and allowed to be placed into effect by the Met Council. So, it was submitted after the city approved it. It has been placed into effect. So, that is now good to go. Uh, this comprehensive plan amendment is is through the process. So, that is one box checked. The uh, zoning standards uh, that the city approved through the PUD for East Ridge Heights are the same here. This is just a kind of repeat of what you saw at the preliminary plat process. >> So, uh just reminding you of that. Uh we of course review for a number of different elements you can see on the screen. Uh one of those things we review for are building materials and facade design. I do want to note that the um proposed facades have been uh looked at by David Weekly Homes, the builder, and they have made a PUD amendment request that will be processed by the city in June. And so we'll be talking about um that that flexibility request particularly to the requirement of 15% of uh glazing or glass windows on the front of the of the homes just to kind of foreshadow that conversation. U these are you know three to four uh stall garages that add a significant uh square foot uh area to the front. So that's going to be really the basis of that conversation. Uh but again we will be talking about that. There will be a public hearing for that amendment that'll start at the planning commission. I do want to spend a few minutes here talking about bluff protections. This is a really important part of this review. Uh this has been a fairly complicated project and um it does it is within the city's bluffland overlay area and so there are a couple of city specific requirements which include uh most notably structure placement setbacks. So the city requires structures be a minimum of 30 ft from the top of the bluff. In addition to that, uh the city's code does have some requirements that uh try to you know make uh vegetation management a priority and require replacement. The South Washington wershed district also early on in the process provided comments. um their rules require a 60-oot bluff setback, but they have been uh considerate in both the Cherrywood project and now this one in relaxing that because of the additional um plan, you know, the elements of the plans including um really close attention being paid to storm water management along the bluff and a strengthened and enhanced landscaping plan along the bluff to really stabilize that area long term. So you can see uh an image of the final plat or the the site plan here. Uh this shows you a number of things. I would I would call your attention to the bluff line which is in that uh dark blue on the uh mostly on the west side of the property. And um specifically we'll zoom in here into a closer view. >> That uh bluff line has a couple of different other boundaries that are established from it. And so when we look at this zoomed in view, uh we have a 20 foot uh uh basically set back from the top of the bluff that uh 20 foot boundary is in the green dashed line. That is where we have a no impact zone. So there is no uh disturbing anything within that area. There is also a 30foot setback with from the top of the bluff which is uh marked in the red boundary. And uh we have asked the developer to propose a conservation easement boundary which is shown in orange. The conservation easement will be the area that is preserved into perpetuity on all of these residential parcels where there will be no uh no touching really any of the areas beyond that. They can't people can't mow uh remove vegetation anything like that. That area needs to remain natural for the bluff to be protected. And so that will be done through the conservation easement. And we have asked that the conservation easement boundary be flattened basically to allow for the city to have an easier way to uh basically enforce the boundary long term. When the boundary is a little flatter, it's easier to kind of draw a straight line along uh along the the boundary. And so, uh, there will be signs that are located at the various points where the boundary, uh, moves. And so, uh, really there will be at least, I think, one sign on either side of a of a rear lot that delineates the line that you can't cross. So, um, I just wanted to talk through that because I know there have been questions about it and this is something that we will be looking at moving forward. I also want to say that we before construction begins, staff will go out and field verify this boundary to make sure that, you know, there's nothing that we're missing. There's no, you know, maybe there's in in in Cherrywood, we noticed a lot of invasive species that needed to get taken out, stuff like that. So, I just wanted to mention that uh for you, tree preservation. So, we did talk about this uh during the preliminary plat process. There are a significant number of removals that are needed primarily because there's quite a bit of masquerading that has to happen here. Uh there is a tree mitigation cash inlue fee that the developer is aware of. It's $150 per caliber per inch that's not um replaced but still required. >> And then here's just a zoomed in image there if there are questions. >> Uh landscaping. I wanted to talk a little bit more about the landscaping plan. We when we talked about this in the preliminary plat process, I noted that there were some different areas that we would look at a little bit more closely to make sure that, you know, the trees that were being proposed were in logical locations. Uh, and that the species, you know, were going to be good species at the in the long term at the top of Bluff. We're concerned about making sure that they're hearty in this zone. Uh, making sure that they're structurally, you know, more longived trees. So, um, that there has been a review of that, but I I do want to zoom in on a couple of locations here. Um, on the bottom of the screen, actually, you can see the entrance to the development off of Hastings Avenue. Uh, Council Member Schmidt noted during the preliminary plat review that, hey, we got to take care of that uh, the trees under the power line easement. And so, that's been noted. There are ornamental trees that are proposed on that entrance and uh, those will be coordinated with the utility. So that uh that has been taken into account and uh the rest of the lots have a fair amount of landscaping that's uh trying to get added in where it's possible. Uh, I did ask that a landscape architect and arborist on on my team review the both the tree removals and the landscaping plan to give us comments on how can this be made just a little bit better and and these there are some areas that uh we think need a little bit more attention but largely the plants uh look to be in good shape. Uh first of all is just there are a couple of certain border trees I would say that are of higher quality. These are oak trees right at the removals line. And I think there can just be a little bit more attention paid to uh where are we locating the silt fence? How are we grading up to these trees? Can we save them? Just maybe a couple more oaks that are of high quality, things like that. So, uh just asking the developer to re-evaluate those plans a little bit more closely and uh noting that ornamental trees um although they're, you know, aesthetically pleasing, don't count towards replacement requirements. And lastly, uh there are those tree varieties that uh we would ask that they reconsider and propose hardier trees. So that is uh what you can see in the uh Bolton Bank landscaping architect memo. >> Nathan, what do you consider ornamental trees? >> Ornamental trees are things like crab apple or trees that are typically shorter. They might be, you know, trees that are flowering or something of that nature. So typically the ornamental trees are going to be a little smaller. >> Okay. Yep. Y >> mainly a size determination >> typically that and the hardiness in some cases too. >> Uh parking access and circulation really I think the primary conversation here is around access. So um as you'll recall there is that connecting street uh from Sterling to Hastings Avenue. Uh there are three culde-sacs and uh we did talk about a trail being required uh through this development to allow for people to get from the Bailey Road corridor down to Hastings Avenue. Lastly, I do want to also talk about the shared access for the there are some lots on block 4. These are lots 20 through 22 um that will actually have a shared private access given the uh challenges that the developer is having with the topography. So, we'll look at that a little closer. Um on the left you can see uh the uh that culde-sac that the city provided flexibility for being over the maximum. Uh there is a a connecting trail that will be able to be used for emergency situations. Uh this has been reviewed now uh fairly thoroughly I would say and will be ma made uh part of those final plans. And then on the right side you see those three lots 20 through 22 that are going to have that private access. And so the city will be requiring um as a condition of the city engineering memo cross easements for these properties so that there is a clear understanding uh that's recorded at the county that all of those property owners have shared access and they also share in the responsibility for maintenance of that private access. Parkland dedication. So the city has a ordinance that requires uh park dedication. This will be uh cash in loo for this particular project given proximity to other parks. Uh the trail network plan uh also shows that search area that we've talked about before. And so I just wanted to provide a diagram. Here's what we're going to be seeing. Uh I would note that the final plans are still uh still subject to revisions. These uh specific alignments could be uh a little bit um they could be subject to change, but what you're seeing in red is a trail along the new public street. And then you see that uh connecting I'll call it the little spur that connecting the culde-sac. And then in yellow you see sidewalks that will be serving these lots. So uh this just helps to I think show you how this trail is looking at at the moment in the final plans. Yep. Nathan, the trail. I think in your memo you say it's in the road. Let me find it. [snorts] You say a public trail in the road right of way. Does that mean between the curb and gutter or does that mean >> Yeah, it's in the >> separated. It's in the It's separated from the road. Okay. There is a boulevard between. So there is a space >> uh between for the most part between the curb and the trail. But there will be some parts of the trail that because of the tight corridor particularly on the the steep u steeper part of this drive or this the street. Um there will be a a part of the segment that is um where the trail is right on the curb. >> Well, it's on the curb but not in the road. >> Not in the road. >> Okay. Y >> yeah, that's just my concern in particular in that area because of the steepness and I think um we've heard from some of the public hearings uh some potential uses for this road and access. So this might be a little bit busier street than um just the homes there. So I do want to make sure that um cyclists are safe and walkers are safe from >> but I understand yes that there might be times it's right on the curb. >> Yep. And and this is definitely something that's been being continuing it's uh continuing to be looked at relatively closely just to make sure that there's >> um things you know considerations even >> even uh considerations for things like snow removal and things like that. >> Great. Thank you. >> I have a related question. >> So the the sidewalk or the non-vehicle access [clears throat] port that drops down to the south side of the road. >> Yeah. >> Out of curiosity is that Why would that not stay on the north side? >> That that's a really good question as well. So, um I think the the number one goal is to have the trail cross as few driveways as possible. >> So, that's one area where if you're trying to just um remove those points of conflict along the trail. That's one reason. The other reason why it drops south uh as you move to the west is simply for snow removal. Uh 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. >> I don't want to get pinned between the retaining wall and snow curling around that edge and have to push it all downhill instead of, you know, potentially be able to blow it over the lower, you know, lower retaining walls on the south side. >> So, still going to be tough, but I think we got a lot better chance there than I understand the practicalities, but I think um myself, I think Council Member Sumar, we've really witnessed that no one will cross Hastings Avenue to get on the trail. They would rather walk on the road um where traffic is. So, this may be the only way to do this, but it it's not my experience that I see people crossing Hastings to use the trail. um not if they live on the east side, they just stay on the east side and walk down to, you know, whether it's Newport Center or the Speedway or whatever, wherever it is they're going. So, >> and and I think one thing about Hastings is that road's roughly twice as wide as this one is. >> Yeah. >> Once you get out into that street, you feel like >> maybe a little easier. >> Yeah. Okay. >> You know, versus a a normal city street, you know, it's much more >> Okay. you you feel much more comfortable, you know, >> crossing the road and Okay. >> And mayor, just to add a little bit of context on the on the north side of that road, there's a portion that's going to have two retaining walls. So, they'll be tiered. >> Okay. >> And at that highest point, I think from the from the trail up to the top of the wall is going to be about 21 ft. So, I think what what Matt is getting at is they could they could probably snowblow over an 8 foot wall, but they won't be able to clear that high of a wall. So, trying to get rid of that. And it's roughly, you know, a couple 150 feet or so. So, that's uh if the trail is on the opposite side, then they have a little bit more chance of getting rid of that snow and and you know, keeping that from icing up. >> I think I see the snow removal Olympics in your future. [laughter] Thank you. Thank you. Go ahead, Nathan. >> All right. Thank you. So, uh, other considerations, of course, we talked about these as well at the preliminary plat. Just a reminder, the Red Rock Cemetery is nearby the kind of, uh, Hastings Avenue portion of this project. And so, um, Red Rock Cemetery, uh, there will need to be some archaeological observation during the construction period in the area of the cemetery. So, that's requirement of the engineering memo. We talked about that. Um, and then there there still is the requirement uh that we'll it's in the resolution for the final plat making sure that we're uh requiring the combination of uh the outlot adjacent to 34 uh sorry the outlot adjacent to lot 34 with that lot prior to a building permit. Um, so you you know kind of heard some of those conversations that have been going on here on the plans behind the scenes on the city engineering memo is appended to the staff report that's dated May 14th and u has a lot of those things that in it that we've already kind of discussed here this evening and in addition to some other requirements for uh future plan revisions. uh the city's uh fire chief has had an opportunity to review the plans and was really part of the conversation around that emergency access. Uh we've also had uh previous comments from South Washington Watershed District and Washington County. So uh we do have findings in the staff report that uh will help make the um appropriate findings for approval. That is staff's recommendation. We do have uh 12 conditions that are in the staff report and the in the uh resolution uh for your consideration if you approve the project. Um there are a number of standard and then there are a number of unique conditions. Uh just to hit on a few of the unique conditions. Um we've talked about uh the combination of the lot uh keeping the trail in the plans of course um and then revising the landscaping plans. And one thing I'll note is just that the city will receive a uh bluff restoration plan that kind of encapsulates all of those uh requirements the city's had on the bluff. Now I'm going to switch gears into the next item on your agenda and I'm almost done with the with my presentation to you. So really um this project and the timeline that the developers on is moving uh quite quickly. they're uh looking to get working as you know it's now summer and so uh the city has drafted a grading agreement. This is in the uh city's standard form of agreement. This is a new agreement I think to you all. This agreement will uh 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. Um this agreement lets the uh developer get started on those parts of the project that are kind of known uh more or less. Uh there will be a requirement with the grading agreement for a final grading plan that is approved by the city engineer. There will have to be erosion controls that are approved and in place and there will also have to be city inspections of the tree removals and grading. Uh one thing I noted to you was that um field verification of the top of bluff. So staff are going to have to go out there and review that area before the work starts. Uh the agreement also would require an escrow to account for the uh city's fees and inspections and require a financial security uh of from the developer to you know just account for um restoration if in a worst case scenario. So that grading agreement will allow for the developer to begin uh their site work while they finish the kind of nuts and bolts things on their on their final plans. And so staff are comfortable with the grading agreement um that know that's in the city standard form and that's in the uh in the packet. So, there could be some minor changes to that agreement um that just are a necessity of the the facts of the project, but I think um we're we're in pretty good shape at this point with that. There will be a development agreement that will come in front of the city council for approval um likely at some point in June. So, that would be coming next. >> Thank you. Uh questions for Nathan. Questions for the developer? You've been here the whole time. [laughter] >> I'll ask one more question. >> Anything you'd like to say? >> No. Council member Sumar, >> we're we're looking at all of these um plans that have to be approved. Have you got all the money necessary for this project at this point? and you'll just state your name for us. So, >> thank you, Mayor and Council. Brian Tucker with Summergate Development. Yeah, we're very far into the process of of lining up [clears throat] 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. Uh we do have a contractor lined up that's ready to go. U so that's that's a positive and uh yeah, so look forward to it. Once your grading is done, when do you anticipate like construction beginning? >> Um, we would anticipate that grading is probably at least six weeks um of work. Um, if conditions are favorable, maybe shorter, but >> [laughter] >> uh >> when do you anticipate starting grading? So, >> uh, early June. >> Early June. >> Early June. >> Okay. And I'm sorry, you kind of cut out there. How many months grading kind of what's your very what's your range? >> About six weeks of grading and then >> Oh, that's not long. >> Working on utilities from there on out. >> So, even if it's a couple months and then do you anticipate starting construction >> with home home construction? >> Homes? Yes. >> Uh, yes. Actually, I have Dean Lauder here with weekly homes. They would like to at least get a model and maybe a couple of spec starts yet this year and we'll work with the city on the location of those >> right >> homes but the idea is to get some going to be ready for the the spring parade next year. >> Okay, thank you. >> Y >> I think uh with that we can move ahead with the resolutions. So, we have resolution 2026-37 approving the final plat and PUD for Eastridge Heights. And I think for the public's uh knowledge, this is really the fourth uh goround that the um company and developer have had, they have a preliminary concept plan review at the planning commission as well as with the council and then a final plat uh review and again with the planning commission and again here. So, we've seen these and we've had lots of discussions. Staff's had lots of discussions with them. So, just so people are aware of that. So, anyways, do I have a motion on >> excited for this project? I don't normally make many motions as many [laughter] know, but I will move to adopt resolution 2026-37 approving the final platinum pud request for East Ridge Heights with the findings and conditions therein. >> Well, I will support the recommendation [snorts] from uh Council Member Taylor and give it a second. [laughter] Thank you. So, I have a motion. >> An equal amount of enthusiasm. >> I have a motion from Council Member Taylor and a second from Council Member Sumar. Other other notes of enthusiasm? [laughter] >> I'm excited. >> I am too. This is This is going to be a really nice development up there. Um, all those in favor say I. >> I. Those opposed. >> Uh, the resolution is adopted. Next, we have resolution 2026-38. Do you want to move that one, too? >> Oh, sure. [laughter] I move to adopt resolution 2026-38 authorizing the city to enter into the grading agreement for East Ridge Heights. >> I'll second that one also. >> Thank you. So, we have a motion from Council Member Taylor and a second from Council Member Sumar. Any discussion? >> All those in favor say I. I. >> Those opposed. The resolution is adopted. >> So, next on our agenda is the close session. We're going to do our council comments and then we'll moved into close session following that. Um I just wanted to comment on two things. One, there was an article a little earlier this week on PA um on a feasibility study related to PAS um in the east metro area. And I wanted uh people to understand that that project 1007 feasibility study really was impacting or was about impacts to Oakdale, Lake Elmo, and the Washington County landfill. It did not include Newport, St. Paul Park, Woodbury or Cottage Grove. Um, and the three locations that they did look at are those with the highest contamination of PAS. And really [clears throat] the feasibility study was about um ways to try to get PAS out of that water uh >> quickly as opposed to just letting it filter its way through and get into the environment even further. So, one of the considerations is really to pull water out of those locations, treat that water, then put it back into the system for the cities of Oakdale and Lake Elmo. And leftover water they would put into, excuse [clears throat] me, the Jordan aquifer, which is a little further downstream, uh, thinking that if they can keep that aquafer high enough, they can keep PAS from, um, going even further uh, contamination downstream. So, that's kind of one of the things they're looking at as a as a potential um option uh with that water, but really the end goal is about how can we get more peace fast out of the water quicker. And that's what that study was about, but it really doesn't have any impacts in Newport. The other thing I want to talk about is the bonding bill. It was mentioned a little bit earlier this week. Um, the city of Newport got $4 million in that bonding bill for the Third Avenue project that we're doing this summer. I really want to recognize some people with that. Our representative, Rick Hansen, has been a champion of our inflow and infiltration projects, and I think uh we're topping out around $12 million that he has helped us secure through bonding and other means. Um, also Matt Klene is our state senator and um, he made this his highest priority was to get bonding funds for the city of Newport for influent infiltration. And these bonding bills start in the House. So it's that's really where you you know you're really trying to get your number in there and and then it moves over to the Senate side. I also want to acknowledge Sandy Papus, the chair of the Senate Capital Investment Committee. Um she's been a champion of ours and she represents the St. Paul district as well as Mary Franson who is a co-chair of the House Capital Investment Committee. Um she represents the area around the city of Alexandria and she made the trip uh to our city hall for one of my presentations on why we needed this funding as well as Fou Lee the representative who is another co-chair of the house side as you know with the tide vote and he represents Minneapolis and I I I share where these people are from because to get this funding requires buy in from legislators that are not just from Newport and they've just been tremendous to come listen to our story. Um realize that we we do need this kind of help to get this work accomplished and the bonding bills require a 60% vote um in both chambers. So it's not enough to just get one party to agree. You you've got to get people to cross the aisle and support the work and the funding that you need. and um I really can't thank uh these five people enough for um their their support as I've said, but also um I've done four presentations be be in front of the House and Senate Capital Investment Committees and those members go out and do bonding tours that are generally about 14 days, you know, throughout the fall and early winter or they spend the whole day on a bus going from city to city to hearing what we need and hearing about, you know, how we can't finance it on our own. And um so those are long days and I appreciate all of the members of those, you know, both of those um committees that that have the time available and and make the time to come and do that. Um it really is a group effort uh for this to to get done. So, I just I just really want to put that out there and and thank them and and all of the other legislators that voted for the bonding bill. So, those are my announcements. Uh, Council Member Ingamman. >> Oh, I have nothing. >> Thank you. Council member Taylor, >> nothing to add. >> Council member Schmidt, >> Council >> Oh, I've got a couple things. Starting in June, June 15th, there's going to be the schooloolie bus going around the city and the local local schools for free free family fun nights, games, books, activities, and food for all. So, on Mondays, Pullman Elementary just down the road from us in St. Paul Park. Tuesdays right here in Newport Elementary. On Wednesdays, Royal Oaks Elementary in Woodbury. Thursdays, Armstrong Elementary and Cottage Grove. So, this is an opportunity for people to bring their family and enjoy some of the nice things that are being made available in our own library and community center on Monday, Memorial Day, they will be closed. And then on the rest of the rest of the month, there's going to be a number of things on Wednesdays, uh, craft group. On Thursdays at 10:00, talk a latte, senior coffee hour, and on Fridays, family story time. These are things that are coming up. As always, if you want to enjoy Newport, if you want to make your life better, you can come volunteer at our library. Contact the manager down there, Sarah Marie, and she will tell you where she needs help. I also want to remind people that within the city, we have the ability for us to pay our water bill and all the utility bills electronically. And it's just one of those options that takes a concern about forgetting a bill away from you. You just make the um you just set it up and it's going to be coming out of your out of your bank account. As we've heard a few times, there's a bus that's going to be coming around Newport area. It's going to serve local communities. Uh those are just a number of things. Oh, Newport Heritage Association tourism sites. I had a group of fellow fellow co-workers from the department where I used to work attended a lunchon at Tonucci and I passed out these locations of the tourism attractions. And there are a number of very important sites here in Newport, including the Red Rock, the Kavanaaugh Log Cabin and the switching tower are a few of them. These are some of the wonderful things that are happening in Newport. >> Thank you so much, Council Member Sumar. With that, as I mentioned at the start of the meeting, uh we will go into a closed session. I expect no motions uh to meet made once we come out of that closed session other than to adjourn the meeting. This is generally a closed session that it will be informational. Um so with that um I will do some reading and then uh we will uh end the uh recording. Um, so this agenda item for this portion of our meeting is pending litigation related to the property located at 15457th Avenue in the matter of City of Newport versus Cube LLC, Washington County District Court File Number 82-CV-24-6467. This portion of the meeting of the city council will be closed pursuant to Minnesota statute section 13D.05 05 subdivision 3B under the attorney client privilege exception to the Minnesota open meeting law. The city's need for confidentiality outweighs the purposes served by the open meeting law in this case based on the following. Absolute confidentiality is necessary so that the city council and legal council can have a candid and open discussion to determine the availability of legal options to handle pending litigation matters including strategy and possible areas of resolution. The purpose of the closed meeting is not to make a decision behind closed doors, but instead is is to determine the legal options for handling the referenced matters. Only business to be discussed in this meeting is the pending litigation or the closed session is to be the pending litigation matters including strategy and any possible areas of resolution. An open session would be detrimental because it may take place in the presence of individuals involved in the litigation. A closed session would benefit the public because the ultimate outcomes of the litigation may impact the finances and regulatory authority of the city. I will now entertain a motion to close this portion of the meeting. >> I'll make the motion. >> Second. >> I have a motion from council member Schmidt and a second from council member Sumar. All those in favor say I. I. Those opposed, >> the city council will now go into close session. The time is 8:01 p.m. See you later.