##VIDEO ID:NQ6mTBPOkRY## e e e e e e e e e e good evening and welcome to the Newport city council meeting today is Thursday August 15 2024 we'll begin the meeting with the Pledge of Allegiance I pledge alance to the flag of the United States of America and Republic for which it stands one nation under God indivisible with liy and justice for all will staff please call the role council member suner here council member Taylor here council member Ingman here council member chapalain here mayor Elliott here the next item on our agenda is to adopt the agenda do we have any changes to the agenda this evening hearing n I'll make a motion to adopt I'll second I have a motion from council member Chap delain and a second from council member Ingman to adopt the agenda as presented any discussion all those in favor say I I those opposed the agenda is adopted next on our agenda is public comments this is where members of the public can address the city council about any local government topic that is not included on our regular agenda this is limited to concerns which are relevant to Newport City affairs policies or practices we ask that you come to the podium and clearly state your name and address for the record and to limit your comments to about three minutes generally the council will not take any official action on items discussed at this time but will refer matters to staff if appropriate is there anyone in the audience that would like to speak during the public comment section seeing no one moving we will move on the next item on our agenda is to adopt the consent agenda is is there anything uh to be removed from the consent agenda hearing none move the consent agenda second I have a motion from council member suar and a second from council member chapalain to adopt the consent agenda as presented all those in favor say I I those opposed the motion carries uh next on our agenda is the Washington County Sheriff's Office report Sergeant Harold is unable to be with us this evening so we will move on with the fire chief wy's report good afternoon mayor council how are you this evening good uh just a few things tonight um week ago Tuesday we're out at National Night Out in the community here so had 14 firefighters six apparatus across three events here in town so um really nice turnout and good turnout at the events too so I was always nice getting out with the community you know it was beautiful night so that's always a good thing uh we were at the Pioneer Day parade last Sunday we have Heritage days we'll be in the Heritage Days parade coming up this Saturday and then we've been invited to participate in Woodberry days um the following weekend in a water activity up there with Woodberry fire so we'll be doing that on the 24th I believe the date is and then booya is on September 15th want everybody to remember that so information's on our social media page and um we'll get it on the the city um website as well so okay and for the booya people should come here right to the fire station correct yep it's held here again this year okay yep absolutely and then calls in July we had 18 calls in July um three of those were mutual Aid um two into kid's Grove one into Woodbury and actually the one of them into Woodbury they had a house struck by lightning um we were delayed in our response there because we also had a report of a house struck by lightning I mean it was literally 60 seconds before um Cottage Grove we were paged out for assistance into Cottage Grove um we were unable to locate the you know the lightning strike but it did there was a burning smell in the house and it did blow their circuit breakers so it struck near we're just not sure where but fortunately it didn't hit the house or start the house on fire yeah um other than that we had a cut gas line on um Sixth and you know just the the usual calls um vehicle accidents power line down um medical calls that type of thing so thank you any questions Chief I don't recall many examples of houses being hit by lightning how frequently does that happen is and is there anything specific homeowners can do if they suspect that has happened at their home you know it probably happens more than you you think um you know the we we probably get called on at least a half dozen structure fires a year that are caused by lightning strikes and um I mean the best thing a homeowner can do if they think they've been their house has been struck is to call 911 you know get um the fire department there to check it out so the house on Fourth Avenue that thought they were struck you know we got in it with thermal imaging cameras and um got up on the roof just to make sure there wasn't anything um Brewing inside okay so you can look into the walls with the thermal imaging cameras which is a way to evaluate that a homeowner cannot do correct right we can see heat signatures within the walls okay Y and just a piggy back on that you're better off to call the fire department and make sure um that your home is safe than to have your house catch on fire and have it burn down yeah yeah oh 100% absolutely and I had a a lightning strike in my house and I smelled smelled burning plastic in the basement and it was a fire in the roofline um and I could have gone to bed and never known that I had a fire going on so um I was advised to call the fire department they came out there was Smoke billowing out of the rough line and you came over you were the first response um and so you know take it seriously if you think there's something going on CU I could have gone to bed and my I could have died my whole house could have burned down so yeah absolutely minutes matter yeah you know when there's uh a fire in a residence yeah any other questions thank you all right thank you next on our agenda we have the engineers report and I will just mention we um at 6 o' we will stop whatever business we're doing and we will have our assessment hearing on our uh lateral lining Improvement Pro project so just just so that everybody you know watching or in the audience or at the dasz knows that at 6:00 uh we will be addressing that business so anyways onto our Engineers report good evening mayor members of the council uh before our lateral lining uh or assessment hearing we have a another hearing uh public hearing this evening uh this is uh pertains to the closure of a portion of Century Avenue and I think I'm sharing my screen but it's not coming up on the on the large screen up top we'll give that a second it's on that one it's on this one thank you uh so uh the uh the city uh is going to we'll be considering uh closing a portion of uh Sentry Avenue this evening this is an item that we've discussed at a couple different workshops recently uh but a little bit of background uh before we open the public hearing uh the city was approached or the City of Newport was approached by Cottage Grove about a shared uh portion of Sentry Avenue North of 65th Street uh and the and the Shag or excuse me and the um Cottage Grove border so 65th Street uh to the South and then the Cottage Grove border up here uh with the construction of the hothorn development in Cottage Grove uh the city of Cottage Grove uh constructed a minor collector street by the name of good viw Avenue uh with the with the idea to pull traffic off of the off of the gravel Sentry Avenue and direct them down direct traffic down to the uh roundabout that's near the Alman middle school and city of Cottage Grove was interested in eliminating the intersection or the North Leg of the sentury Avenue County Road 74 intersection uh one because it is uh it is not a particularly safe intersection but two there is very limited access uh from Cottage Grove and uh Newport on this uh segment uh in order to maintain access to particularly the Newport residents uh as part of the Hawthorn development the developer plans to construct a gravel uh cesac shown in blue here and then a little bit of an exploded view uh of that intersection of good view in red and then the centy Avenue culdesac in Blue uh that cesac is intended to provide access for uh three uh Residential Properties 505 515 and 525 Century Avenue as well as a as an undeveloped parcel owned by the St Paul Park refinery uh we uh staff had met with uh uh each of these Property Owners including the refinery to uh to gauge uh concerns or interests in uh in this uh possible closure and it we we got reasonably good feedback uh the uh the refinery was interested in uh how they would maintain their access to their field entrance on their property and the uh plan is to provide a use agreement between the cities of Newport and Cottage Grove to allow for the use of the existing gravel surface within the Cottage Grove rway to access the field entrance off of the proposed culdesac so uh the uh the city is holding a public hearing to formally solicit feedback from the property owners immediately impacted by this closure and at the close of the hearing the uh City May uh consider the resolution that's in your packet to close that uh portion of Sentry Avenue uh here between 65th Street and then the very south end of that proposed culdesac so I'm happy to answer any questions from the council uh at the start otherwise I would uh recommend we open the public hearing and solicit feedback any questions or comments from the city council on this I think John you mentioned uh safety at the intersection of century and um 65th do you want to just talk a little bit about why that's a concern there yes absolutely mayor the uh as you're traveling eastbound on County Road 74 you're going up a pretty uh significant incline and it's positioned immediately or the intersection is positioned immediately after a pretty uh sharp uh horizontal curve so sight distances for uh for traffic turning from Sentry Avenue onto County Road 74 have a limited sight distance it doesn't uh there not able to see far enough down that hill to safely turn out onto the road uh without a car potentially being uh being upon them uh the the county uh Washington county is uh studying uh the potential improvements to County Road 74 and they do support the uh the uh removal of that leg of the intersection not something the county prompted but they do support the uh the closure thank you any May yes yes council member suner well that portion between the access to the refinery and 64 excuse me 7465 will that be plowed up or will that just be left natural gravel and just let nature take its course on that they plan to remove the majority of the gravel surface and then let let nature take its course okay uh there's potential there there are existing utilities including some gas man in that area um so there but there is a potential to use that as some some storm water management because it's public right of way prior to uh you know storm water going down that that Ravine so there may be potentially a couple different uses for it but the gravel for the most part will be removed and I think it's also worth noting from Century Avenue West to Hastings Avenue um Washington County has contracted with Stonebrook engineering for a corridor Improvement project to kind of redo that road um look uh storm water management drainage traffic Trail feasibility and so on and so forth y that section there so all of this kind of plays together into a bigger picture um of what of what's kind of happening uh in that little area there so I think other questions or comments from the council okay with that the time is 5:44 and the public hearing is now open is there anyone in the audience who would like to speak I'll go first I guess okay mayor and Council my name is Tracy ROM 525 Century Avenue and we've got the the um the map up there um again my property is one of the properties that's on the road that's still got gravel on it um again I've talked with all the property owners up there and I think we've talk to you and and I think we're generally supportive of of closing the road uh there's a few things that you know we'd like like to make sure that we understand about it um number one is that you know there's going to be uh development into the North Area there on the on the uh possibly Cherrywood development and also on the Woodberry side and my concern is on Public Safety side is that if we close the road too soon be while we're doing road work up there we've only got one access point out of the road and that does concern me a little bit there's been times in that in the past where we've had it's been a long time ago where we had a major snow drift and we really did have a lot of access out and you guys cleaned it up pretty quickly to get public safety equipment and fire and police down there but it just it does concern me a little bit is that if we close the road too early before we've got the other black top surface and the other development in place so that's a concern and um and also too as far as you know again another concern would be as far as that the road that we remain there um you know does are we going to get maybe a little bit more gravel on it so it's a little bit more maintained than it has been right now you know a little thick base on the the remaining part that's going to be open are some of the concerns that I had okay and um I think that's about about it I mean I think I think that again you know what I've seen up there so far because since they put the newer Road in and most of traffic is going toward Alman the the southern section of of the uh of the road doesn't get as much use as it did before and the northern section does so again when you look at the potholes the the the uh and it does need a good plow up there on on that section just just you know so we know that but uh that's where again you see a lot of the traffic so once that once that development comes there and once that's paved there I think that will help again that access road be more stable or so so that's all I have so thank you very much for your attention yeah that's a pretty smooth transition isn't it from Century on to good View Avenue you know that's a real smooth drive yeah I would like a yield sign but maybe someday John do you want to talk a little bit about the timing yeah timing and gravel so the uh it's it's a very good point Mr ROM the uh and especially I would say the the um area that I would be most concerned with is when we tie into utilities particularly the water M cuz that water the water main from the Hawthorn development is extended right to the border so when we come in there to extend water M for potential development to the north that's going to be a large excavation I completely agree with you that we can work with uh work with Cottage Grove to make sure that that work takes place uh after or excuse me the uh utility work takes place before the road is completely severed and I think that's certainly a reasonable uh consideration um as far as when the work on Sentry Avenue is completed or uh you know north of this area here you know you will have you will be able to get out onto good view and go south so our hope is is that you know good view would be your primary Ingress and egress to the to your home so it wouldn't it may be an inconvenience if you want to be going north but it wouldn't uh trap you in that area um you know during construction because you can you should still be able to go south uh on good view yeah on south of good view it's just again having two access points if one world's closed having two access points is in my opinion more desirable than only having one it's very it's very probably infrequently that you you would need it but it's just you know and and uh Cottage Grove is uh it's the contractor working on their development that is planning to do this work so we can certainly work with uh with their schedule or understand their schedule and and express those concerns that we want to keep this area um or keep the mult or the additional access uh through that construction process and I'll come back up I don't mean to sit down I'll still come back up here but is there any plan for a trail along there as far as the the abandonment portion of having a trail there is it just going to go through the development in Cottage Grove has there been thought about that because a lot of people do walk up people a lot of do people do walk up and down Century Avenue and more people walk there you know they had a trail and it wasn't Dusty because the cars get dust on them so I just you know that's if you're doing all that work you might want to plan on I don't know if you want to plan on a trail there or not but just a thought as far as I know there hasn't been there hasn't been a uh a discussion about a trail uh I will say that the and you likely know this that there isn't any platted right of way for Sentry Avenue in this location it's a prescriptive easement that the road has been there for a long enough period of time the city has the right to maintain what they have constructing a trail down that section would require the city to purchase quite a bit of right of way uh from each property owner and the and the refinery so whether or not that in the uh in the city's future plan I can't speak to that but it hasn't been discussed thus far uh you did remind me in your uh in your feedback uh about signage uh there will be signage on this uh on centy Avenue indicating this is no longer a through Street it'll be a uh you know there'll be dead end signs there'll also be barricades on the very south end so a uh ambitious driver doesn't try to keep going and then run into run into issues so and that is something that is going to be installed with the development and then I think your other question pertain to um surfacing on uh on on the gravel portion we are PL or that it is intending to stay gravel uh the uh the developer is going to be uh adding gravel to it uh and our hope and uh Matt can probably speak to this better than I can that as the through traffic is limited to only the folks that directly access it that some of that maintenance and the pothole issues will reduce and so it will still be maintained still be maintained by the City of Newport and we're hopeful that it's not as maintenance intensive and if you have any extra gravel left over from that project you know I know where you can kind of put it down my driveway so thank you so much for that offer we always like it when uh residents step up to help us out would anyone else uh like to speak on the Century Avenue closure yes Su theal 505 Century um I was wondering about the size of that culdesac is that big enough for garbage trucks box trucks any any because there is truck traffic there is that all taken into consideration yes if I remember correctly it's a uh 46 foot diameter called thec so it's it's to the uh Newport City standard so any it's similar size to any of the you paveed cacs that we would have in town and it certainly will be a a size for dump trucks to turn around school buses uh delivery trucks um and and larger Vehicles like that okay so they will still be allowed on that road corre yeah and and as part of the Hawthorn development the the uh the developer dedicated additional right of way so we could uh so we could uh construct that culdesac you can see that little bulb here uh going off to the east right so that's it is and they're going to grade that out with gravel um to to make sure that Vehicles can get all the way turned around I think there's a drainage ditch right there seems like but okay um just just another more of a curiosity question what about coming from I don't remember what that's called on the other side wor century and then across 65th is it's Geneva on Cottage Grove side Century on on Newports but but Newport residents are up there in in the circle up there so but they're not affected even though that's a bad intersection yes uh there has not been discussion about closing the South leg of this intersection now the the county is as the mayor mentioned the county is uh is doing a a corridor study for that area so there may be some uh there may be some you know proposed uh alterations in the future but uh yeah the the action today that the city will consider is uh does not have an impact on that South Side all right thank you thanks for your questions uh would anyone else like to speak okay last chance I know it's three property owners I don't want anyone to feel left out okay with that uh I will close the public hearing uh the time is 5:53 uh p.m. okay do you now let's see you got a resolution in here correct yep there is a uh resolution 2024587964 Cottage Grove in Newport will work with the refinery on that use agreement to make sure that they still maintain access to their field entrance well thank you for answering those questions I think that was very helpful for the homeowners to just get a little more Hands-On information on on the the realities now um with that I would entertain a motion to adopt resolution 202 24-58 I'll make a motion that we accept resolution 202 24-58 in definitely closing a portion of century Avenue located within the City of Newport second thank you so have a motion from council member Chapan and a second from council member suar any discussion by the council all those in favor say I I those opposed the resolution is adopted it's about 5 minutes to 6 6 minutes to 6 so we will move on with our agenda um May yes may I give you an may I give you an update on our ongoing Construction as long as it's not longer than 5 minutes okay away so we have our sanitary sewer manhole and lateral replacement project ongoing uh we're about halfway done we've uh replaced 26 of the 43 laterals and we've replaced uh 12 of the uh 26 manholes uh we are currently working in the uh uh 12th Street and 2 Avenue area they're getting uh they have one manhole left in that area and then we're going to be moving a block South onto 11th uh and 10th area a lot of work's going to be taking place on the 10th Avenue N or 10th Street 9th Street 2 Avenue and Third Avenue I think we have half a dozen manholes and and a handful of uh of laterals there so uh we're we're getting out in front of the construction letting folks know that you know this is going to be a bit of a nuisance for probably the better part of a week maybe a week and a half and then hopefully things will will quiet down we're also expecting uh their Paving subcontractor to be in tomorrow to start patching some of the work that we have on the north side of town moving south great great that's that's good news on the paving I think and little messy uh for the streets that are coming up but this is really important work that we're getting done so um I appreciate people's patience with it and then also our uh lining lateral lining subcontractor or contractor is back in town as well they're doing some manhole n seals and then finishing up the couple liners uh that they were unable to stall uh earlier last year so I did not check their progress but I know that they've uh they've been in since uh since Wednesday so we've been uh I know they're working hard hopefully with it at the end of next week we'll be completely done with this project and we can put that one behind us yay that'll be good news May yes completely done does that mean all of the manholes will be sealed in the next week we will be done with our uh our uh lateral lining project the lateral Lin not the not our not the uh the Excavating project yeah two two different projects correct one one rep one getting really close to finish and the other one we're about halfway okay good other questions anything else you want to share with us I'm afraid I can't stretch it another 3 minutes okay mat only has three minutes first Matt you have three minutes just kidding do we want to set anything up before start public I have nothing official this evening only uh an update that the uh we paved the parking lot for the dog park but there's still work that needs to take place inside it before we can officially open so slowly but surely working on that one too a lot of projects going on throughout Town yeah were you thinking about putting a satellite at the dog part yes perfect and by satellite he means portapotty for those of us who think it's a dish to watch TV all right whatever wi I dated myself the dogs yeah yeah yes it's a people one yes okay anything else for us uh on that front uh nothing nothing formal but happy to stand for any questions questions for M council members Su can always ask how's the water doing with rainfall any any problems with rainfall you been tracking it no we haven't had any issues uh lately so luckily the river's down and okay it blipped up for a week again about a foot and yeah a weird year yeah so no no no huge issues lately so okay as we have um one minute here I would just uh kind of moving on to uh I I don't want to start the cherry wood stuff with one minute but just to let people know we are taking um feedback on a trail system plan and uh if you live on Sentry Avenue and would like a trail extension from the end of the gesac to 65th go online click the trails uh thing it's on a popup right now and let people know that uh you think that would be a great addition to the plan document so I think with that well I got 559 okay I I I'll feel 30 more seconds here everybody should have gotten this Woodberry Parks and Recreation catalog we contract with Woodberry to provide some Recreation programs in our community so several of their programs even though you're a Newport resident you can pay Woodberry resident rates it's not for every program but um if there's something you're interested in you can call and find out um so that's why you're getting it and uh feel free to use that and take advantage of that opportunity with that it is now 6 o' and so I will um turn this uh back over to our engineer to talk about the assessment hearing for a lateral lining project thank you mayor and I think just so people can understand John will give his presentation Council will ask any questions we may have then we'll open the hearing uh to members of the audience and uh once everyone's had a chance to speak and get some questions answer will close the hearing and move forward so that'll be the process John thank you mayor uh again we're uh here for the assessment hearing for the lateral lining improvements project this is the second and final hearing uh public hearing uh pertaining to this project the uh Improvement hearing was held back in August of 2022 uh and the the council uh ordered the Improvement of 146 lateral liners uh to be installed Within in the city's sanitary sewer system so I as the mayor mentioned I'll go through a short presentation and then we will uh open uh the uh we'll answer Council questions and then open the hearing so a little bit of background uh due to the city of newport's geology and aging infrastructure we're pretty highly susceptible to infiltration and inflow uh inflow being clear water entering the uh uh sanitary sewer collection systems uh from the surface through roof drains or uh open manholes and infiltration being uh that same Clear Water uh or groundwater entering the uh collection system through pipe defects have a few pictures there on the right hand side of of what we've experienced in our in our sanitary sewer televising and the City of uh Newport received a $2 million Grant from the state legislature back in 2020 uh to help us reduce our our inii and that Grant enabled the city to cover or approximately 2third of the cost for each of the lateral liners that were installed as part of this project the project area generally consisted of our our sanitary collection system uh close to the river on the west side of town and a little pocket here on the other side of uh uh 61 which surprisingly has a high contribution of uh groundwater the uh improvements included the lateral liner also known as a t-liner and it has a set of hydrophilic O-rings that prevents water uh from tracking between the liner uh and the host pipe so over here on the right hand side the uh uh kind of the pinkish uh color is uh represents that clay pipe uh that is the original constructed pipe back in the uh 1960s and the t-liner that's being installed is a a short piece that is installed within the sewer Main and the black area is a uh is an O-ring that uh expands to about eight times its size to seal this uh penetration and then another smaller uh o-ring at the top to keep water from getting in behind that that liner uh on the lower left hand side of the page we have some actual pictures of the uh work that was completed uh before and after you can kind of see how the uh Roots have uh started to um intrude into that main right at the service connection and then the uh after shot is the white part is that t-liner that we see here in the main it actually has the address written on there so when we televis in the future we know where we are and then that uh liner uh extends uh anywhere between 5 and 10 ft up that lateral line and the our goal was to uh make sure that we see feel the pipe transition between our clay uh Riser pipe and the uh that's a 6in diameter and then the 4in cast iron pipe generally speaking uh that cast iron uh pipe would uh run all the way up to the house unfortunately we ran into some unforeseen conditions where we had set out to line approximately 146 Services we had to reduce that scope down to 97 services uh because we had some irregular pipe configurations uh apologize for the uh kind of the crude picture here but to illustrate the uh the concern the area here in the foreground is that 6-in clay pipe and then this is the 4in cast iron service and the uh plumbers uh that installed these uh back when the homes were built many of them push that 4-in pipe as far as they could into the 6-in pipe and they created this lip and as the uh when the liners were installed or if they were trying to install a liner they could get caught on the bottom of this uh 4-in pipe and cause a blockage which would require us to do a emergency excavation to open back up so rather than risk uh blocking those lines we reduce the scope by approximately 50 liners and if you uh were if we were unable to install a liner in your property uh you will not be assessed for this project you will be assessed for our lateral replacement project that's ongoing and that assessment hearing will take place later this year uh but you were noticed for this hearing uh simply because you received a notice for the Improvement hearing and we thought it best that we uh Pro uh the city has tried to be as transparent as possible and let folks know that your assessment for this project is zero the overall project costs uh are shown here the um the the final project cost and this uh um the work is about 98% complete was $895 $895,000 and the portion of that cost that was assessed to private property owners was about $24 $224,700 the city also allow owed uh Folks at their request to install additional lining uh to install additional lining there was a cost of $1,500 for a cleanout and then $40 per foot for that additional lining and they we we did about 10 uh properties uh installed additional lining the uh City uh with the uh assistance of the uh State Legislature Grant um paid for the remaining $690 ,400 so those that uh received an assessment there are four different payment options uh if you can pay your assessment in full uh within 30 days of this hearing and there will be no interest uh assessed or uh included on that assessment you may also pay your uh assessment in full uh at any time uh prior to November 15th of the uh of that year year and only that uh interest for that year will be um will be included or you may pay the uh assessment over a 10-year period as part of your property taxes and that does include a 4% uh interest rate and as I mentioned you can pay that off uh there's no early payment penalty except for the interest that had occurred ured that year the city uh will or uh may consider uh ing assessments upon written request uh those uh special conditions include persons over the age of 65 uh retired by virtue of permanent disability or military uh uh military order to active duty so we will be uh holding a uh public hearing uh this evening uh if you would like to provide feedback to the council please step up to the podium uh state your name and address and then please limit that discussion to only pertaining to the um to the assessment I'd be happy to uh discuss any questions you have project related uh outside of this meeting and then I will note that all objections uh uh must be uh filed in writing prior to the close of this hearing uh if you're interested in uh in challenging that assessment you will need to provide uh your name address and then a brief description as to why you are opposing that before we close the hearing and then you have 30 days uh after this hearing uh to file that uh that opposition in District Court so mayor I will turn it back to you if you have any questions uh prior to opening up the hearing thank you and if someone does want to object in writing we can uh hold a hearing uh we can temporarily I don't I'm I'm not sure what the formal word is but we can hold the hearing open for longer than we take testimony to give people time to write something up if uh they need extra time to do that so uh as long as I know that we can you know kind of even keep it open to the end of the our meeting today but by The End by the time we adjourn for the day uh we have to have that hearing closed uh I believe so but we will work with you to to get you what you need and mayor I breezed over something that is very uh important the uh assessment amount uh for a standard T liner so each property owner included in the scope uh the assessment is $1,750 and then uh that represents about onethird of the cost of the t-liner and then if the uh if a proper owner chose to do additional lining they are responsible for 100% of the cleanout which was 50,500 and then the additional lining which was $40 per foot okay thank you any questions from the council any anything you need clarified with that I will open the public hearing it is 6:10 uh p.m. and again if you'd like to speak or ask questions please step up to the podium state your name and address for the record and um we will do our best to answer your questions I know no one wants to break the ice here comes a brave soul hi my name is Nancy sapita and my address is 1743 1 Avenue and I did receive a letter prior to receiving this I had received another letter where they had gone through with the cameras and at that time I was told that the city would be covering any of the portion of the lateral lining unless you had to go further in onto your property then you would be assessed for that and my concern is some of my neighbors did not receive any assessments and others their portions were higher than this without having any other work done to their property and just wondered where that's at or why we were told that it wasn't going to be an assessment and then now it is okay so just because I think there were three questions in there okay you felt you were told that there would be no assessment and now you're getting assessed you have some neighbors who are not getting any assessment at all right and then what was your third question the different amounts of assment the different amounts of the assessments okay great so John I'll let you address those so to the first question I'm afraid I don't have a good answer for you because I believe at our Improvement hearing and any of the uh any of the information that uh I was involved with on the project uh did not indicate or did not say that uh there would be no assessment unless you went further I think the city's been pretty consistent that the the grant that we received allowed us to use 2third of that cost uh of the of the lateral liner as a public cost uh but the grant did not enable us to use use any or the the grant uh the grantee did not allow us to use any of that money for the a portion of that lateral that lateral as soon as it leaves the main is private property and the grant cannot allow us to use the uh the grant funds for private property so I I don't uh I if you if you have I guess that's where I don't understand if they didn't go into my property and it was just basically that main line well this is uh the way the ordinance is written and U I'll try to speak off of this image if hopefully this is helpful uh this is the the sewer Main and then this is the lateral line so this sewer main is usually right down the middle of the road so the way the ordinance is written the uh the P or the property owner owns this lateral all the way up to the main and including the fitting at the main so even though that's the lateral is in the public right of way the property owner owns that lateral so that they uh if the question is they didn't go into your front yard they didn't even go into the front of my house no and this was all there was no excavation done this was all uh work that was done um you know underground and they use uh they access the uh your lateral through the the main so this was a it's a a non- excavation uh construction practice okay so then that bears another question what about all the areas on the street where there was excavation yes and that's and and that's a very good question uh the areas and this also pertains to the your your neighbors that may not have received an assessment there are areas or there when when we did our televising work um after we started the lateral lining project we ran into a lot of instances where we couldn't line those Services the the uh 4in cast iron pipe was sticking into the 6in and the way they install these uh liners is they inflate them they use air pressure to push that liner up your lateral service and they don't have a lot of recovery time so if they try to inflate it and it gets stuck then we have a a ball of uh of curing compound that's going to cure out and cause a blockage so rather than doing or trying to inflate a liner and having that get stuck we eliminated those services that we were concerned with from the lining scope and the city let another project that's ongoing now that's where you see uh that's where you see excavation happening that we are physically digging down to the main and then replacing that connection rather than lining it that uh project is going to have an assessment hearing later this fall and those Property Owners uh will be assessed the same amount as the lining project so will that be an additional assessment if my neighbors had all the Excavating done in front of their homes it's one or the other no one will be getting assessed for both projects and they will be the same Pro same assessment amount for both projects so is the street then the repair of the street included in all of this it is included in the scope of the project uh and a portion of that street repair is well the assessment's the same and the city is able to use the grant dollars to repair a portion of the street uh but we the the council uh directed staff that it would be appropriate to keep those two assessments the same whether it was a non- excavation repair such as the lateral lining or an excavation repair that's ongoing now okay and sorry I have one more question sure no absolutely um so the areas today actually the contractors that were working on the excavated areas had mentioned that they are just repairing the area where they actually dug the squares where they dug what about all the damage to the street that has been done from their equipment and all the ruts that that created we will be working that out with the contractor and any damage that they've caused to the streets uh we will be they'll be repaired to uh their pre-existing condition we will work with them okay well thank you that hasn't got unnotice uh by us either because it's horrible thank you yeah thank you so much um anyone else uh like to ask any questions or there so I'm at 651 Second Avenue and from what I'm understanding you're you're putting a t in the pipe and is it only on the ones that were the the cast is run from the 4 in into the 6 in no it's uh it's every service uh or every active lateral within the project area we had a a t-liner was installed okay so like like she was saying some neighbors are getting assessed and some aren't some aren't today some are today yep yep so is it just like every other one that they're picking or how do they find out which wants to do why why did they pick then you know me instead of so when you see image up here these are the people that are going to be assessed later this fall that when they went in and televised this is what they found a pipe sticking up and a pipe going way so you're saying they right now they're doing the easier ones and then no last year we did the easier yours was an easier one if I if I may it is your is your question as to why did we pick this area to do the lining in well no I understand that because you're getting a lot of infiltration right that and this is a lot of the deeper sewer and it's closest to the river and it's in based on our pre-construct or pre-project televising this area was uh in in the worst condition and and forgive me I know you're going to ask one more but one more clarifying item the in order to do a lateral liner you have to have lined the main line i y I can understand that yep and we did my question is basically is why am why why am I getting charged the the 1750 and the person across the street isn't they will be they will be they will once once they dig up their service they're not getting charged ,750 cuz their lines go like this and right now we're digging down and we're making the lines go like this and that'll Char that'll be1 1750 when we do the assessment Hearing in the fall asking why you're not getting assessed you're going 5 ft from the the the main then right you'll go 5T on the pro on the ongoing project where we're Excavating y yeah we are going we're we're going to a point where we can make a watertight connection to the cast iron pipe okay in some cases that's 2 feet in other cases it's you know maybe 6 feet okay uh but yeah we want to get rid of the clay CU I would I you know I seriously would have thought about having it all lateral line but then I got the video that didn't show me was like I I don't know what I'm looking at sure okay it's a pipe getting pulled through a sewer pipe rather fast too you know um I I had no idea if I need it or not sure it'd be nice to know if I a person did need to be you know my sewer don't plug up I do had a lot of trees though so I I I'm still curious if I need to have that that lateral lining going to the house or or not you know well I I couldn't tell looking at the the video and and it's it is challenging from a city staff standpoint to say that you have to do something or you you but what we did do is we looked at every one of the videos that we that we saw and if there was any indication and in some cases there were of root intrusion Beyond on that initial connection beyond that first 10 ft of the line we reached out to Property Owners okay now a sewer line is is in pretty it's pretty nasty to begin with so there's never any good ones but you know unless we saw a glaring issue with that line we didn't reach out to folks if we if we saw a bad issue and there were a handful we did reach out because now when you resell your house you're required to have it videotaped also mhm so that's what I'm kind of curious is how my line set if I were able to resell my house would I have to get it redone or or not I mean should I redo it now when I can for a while work like crazy and pay for it or should I try to redo it when I'm on a fixed income in the future well if uh the the city did amend their their ordinance that if you did the lining all the way up to your home that that lining would make you exempt from that point of sale requirement for 15 years um with only the t-liner that doesn't necessarily exempt you but it puts you in a really good position that when that uh point of sale inspection takes place we're very very confident that you won't have any Roots at that at that connection point and that is where we've seen 98% of the The Roots is right right at that connection so I can't tell you that if you sell your house in 20 years that you know you may have an issue elsewhere but we're very confident that we've we've addressed that issue at the main okay sounds good thank you okay Donnie I'm just going to add um because I'm home all the time I talked to the guys in our neighborhood last year when they did it I did line up to the house y I seen you get it my for some reason my line was in horrible shape I have a theory we'll talk about it some other time did did they did the city contact you in and tell you that I I in the very beginning of this I decided just to do it I was going to do it too yeah but then he I felt like you know they they ripped that that line through there so fast you know the camera went so fast that I'm like well do I need it or not well they know what they're looking at so I talk yeah they do that's what I'm saying and I decided to do it just because maybe it's because of a pipe fitter just fix it right but what they told me is mine was in horrible shape they hadn't seen anything that bad in a number of years and I'll we'll some other time I'll give you my theory on why that is but everyone else in the neighborhood they said the pipes were in great shape including yours so I mean that's the guys in the street doing the doing the talk yeah I'm just saying if if I have to do it I would like to know now when I'm still kind of young instead of when I get to the same age instead of when I'm retired like Kevin you know he's he's old okay thank he feels old thank you thank you so much um would anyone else like to speak or ask some questions and I think yes there's definitely confusion between why are some people zero and some people 1750 and then people who are higher than 1750 it's simply because they did the cleanout and they lined all the way uh to their house so that's that's the differences the three differences in the numbers so um did everybody get their questions answered even though you're not coming up to them I just want to make sure okay does anyone need time to do a written um objection objection it looks like everybody is good so with that I will close the public hearing the time is 625 okay thank you those are really good questions I appreciate an educated uh community and um I think you have some really good uh good questions on on that whole project and we've been talking about it for a long time and it's it's nice to see it finally getting done so with that um we have resolution 20 2459 which is on page 37 in our packet um and I think I would I'm part of the project so I'm not I'll move Okay resolution uh 2429 59 a resolution adopting the assessment thank you do I have a second I'll second that I have a motion from council member ingan and a second from council member suner are you going to abstain then I don't know if I need I just I don't know I don't think he need I just thought I wouldn't make the motion is really what I was get okay got it okay mayor May s to interrupt uh item number one uh reserved a a location to for the council to consider any appeals or or any um special circumstances so I think as part of this motion if you want to uh U strike through item number one I it uh I think that would be appropriate then it we don't have blanks in the in the resolution okay so um what he is referring to is that uh the resolution as written does allow for any sort of a appeal and so we could amend this particular resolution for those notices since we don't have any um I think a friendly Amendment to the motion in second the amendment was accepted okay and the secondary accepts that so two will become one three will become two and so on uh through the resolution resolution yes um so with that Amendment to the resolution um any further discussion all those in favor say I I those opposed the resolution is adopted um anything else you want to say on this particular topic or we'll I have nothing else I'm happy to stand for questions and I appreciate everyone's time thanks for all your work on this it's exciting to see something getting done with with inii certainly thank you so we will uh move on then to the administrator's report uh mayor members of the council we have a presentation by our city planner Nathan uh regarding the Cherrywood preliminary plat and planned unit development okay thank you uh good evening mayor members of the council so this is a project that should be relatively familiar to you all uh you've seen this now two times in its concept form uh the developer has incorporated the feedback that they received through the concept plan review process into this submitt uh this project is called Cherrywood and so this is kind of their next step as far as the the review process goes so the Cherrywood project is located on the uh in the Southeast corner of the community and it's I think most folks are familiar with this location but it's circled in red on the screen there are two unaddressed Parcels that comprise the site actually one is actually addressed 605 Century Avenue the other the larger parcel owned by the um Bailey nurseries is is unaddressed the zoning in this area is currently rural estate but that zoning district is sort of a transitional zoning district for uh what the future use is which is the R2 which is the urban mixed residential district and that is what is being proposed by the applicant that is consistent with the city's comprehensive plan which guides this site for mixed residential and looking at the bottom of the screen the requirement for the density on residential developments in this area is between 5 and 20 units per acre uh the site is about 35 acres in total but um as as we'll talk about it part of it's comprised by a bluff so it's not all developable so the net acreage is about 25 uh there are actually 122 units proposed here in the develop uh this project so the density is right at about 5.4 units per acre so right on the lower end of what can be built in this part of the city so as just a reminder for you this preliminary plat process is is where we get a bit more into the details of the project the developer has submitted pretty detailed plans that show a number of different elements of the project um we have reviewed those and I'll talk about those here in this presentation uh there is a final plat ultimately that will be required that would be a next step after this evening uh really the final plat process is dotting eyes and Crossing teas to uh finalize the project so here's the site plan on the screen you can see the uh Cherrywood project it's a mix of different um housing Styles you have uh primarily single family detached housing um in variety uh two different lot widths that are we'll talk about and you also see attached town homes and so those attached town homes are on the uh northeast corner of this site and they are mixed between 4 unit and six unit buildings there are two out Lots in the center of this site there's one uh continuous roadway that runs through the site we talked about that uh during the concept plan process the two out Lots in the center of this site b and a those are for storm water management purposes and out Lot C on the North side comprises the bluff area and we will talk about that more as well so I before I get to much further into this I did want to share with you that this is part of a larger uh development plan uh Cherrywood is the project in the City of Newport and the the applicant is also developing uh Cherry Meadow which is um in the city of Woodberry so you have two different sides of of um of a development on on two different cities so as I get into this uh land use review here I just want to throw the future land use map on the screen for you this is what I was referring to as the mixed residential uh guidance and you can see that the the properties south and west of this one are also guided in that manner so looking at this project again specifically it is there's a density breakdown that's shown on this screen long story short is this project does uh comply with the city's comprehensive plan in terms of land use and density and you can see the mixed residential uh definition here on the screen I won't dwell here unless you have questions for me the long story short here is that the city's R2 zoning district is consistent with the intent of the future land use area so looking at the bulk standards uh this project has requested a planned unit development planned unit developments provide flexibility to the project to uh have some deviations from City standards where appropriate uh the expectation though is that there are benefits that the city receives for providing some flexibility so again looking at the bulk standards for the project we have to look at the two different types of units uh separately because they have different standards and so when we look at the Town Homes the town homes do require some deviations from the city's ordinance primarily because of the way that they are being platted um the developer is making these units owner occupied so people will buy them and and own them and then they would be subject to an HOA which is uh responsible for the maintenance of the community in the open space uh being um that being said the individually platted uh Lots over the units that I'll uh flip to a screen here you can see how that would look um in practice with one of the town home buildings as an example um you see the area in red is the you know the the build um and the driveway and the walk in a patio and that's closely surrounded by a property boundary and so that's what I mean by individually platted uh lots and so when we look at the standards for town homes in the R2 that's why we're looking at a reduced minimum lot area minimum lot depth and some of those setbacks and so when reviewed in in uh in just close Conformity with the standards in the R2 that's where that need for flexibility comes from uh however when we look at the Town Homes just you know objectively are they meeting the intent of the city's ordinance I believe that they are because the buildings are are set back appropriately um similar to how the single family homes will be and the buildings are separated from each other um by at least 15 ft here so I have a question so for the town homes the building to the RightWay line line is 25 ft but the building to the lot line is 10 ft yep that's exactly what I yeah trying to get at here so the building itself will be close because the lots are are platted so that individuals can own them the buildings will be located um surrounded by open space that's owned by the HOA okay and so um functionally there will be more space like for example within the setback area let me find the plan it's easier to look at so when I when I'm referring to the building location relative to the rideway what I mean to say is this building will be appropriately spaced similar to the single family homes yeah however the actual lot boundary will be closer to the structure like a Boulevard like a city owned so this really this this helps to enable the the units to be owner occupied and it also allows for the HOA to own and maintain that open area between the structures so I think staff generally see this as a good thing because uh when you have HOAs they that are maintaining that open space uh you tend to I think get less complaints about the maintenance long term okay so that's why staff are supportive of that particular request for flexibility I mean and I think just when you say it's a 10ft setback it's not 10 ft from the street it's still 25 ft from the street absolutely and and when you know if the city approves the plans this evening what it's approving you know is is generally consistent with the rest of the uh requirements for for single family homes right because the buildings themselves will be located 25 ft from the street thank you yeah absolutely so I've talked a little bit about those Town Homes uh the other piece here is the single family detached units um those meet more of the city standards but do still require some flexib ility uh first of all the minimum lot area is proposed to be less than the city standard uh and partially that's because of how um tight the site is and sorry I'm trying to flip around to find that site plan going to go backwards here apologies and and so part of the reason is some of these lots have um had to be truncated in order to have a bluff preservation area which I'll discuss and the other part uh piece of this is there are some Lots in the center of this development that are proposed at um go back to the Chart here those lots are proposed at 40 ft wide um and again that's kind of due to the tight nature of the the project uh they're they're requiring a little flexibility from that 50ft wide standard and so that naturally means the lot area will be a little smaller so those are the two flexibility requests um the other the other flexibility request for the single family homes is only for a select few and this again relates to that bluff protection area we'll discuss um I'll flip back here so bear with me there is a bluff um protection or buffer area um along the bluff line that the city staff has required and that's consistent with the watersheds Bluff protection criteria and what that has meant is um in order to get that bluff protection area these single family homes along this Bluff line on the north side of this project have to be just a 5T closer to the city street and so that is the flexibility that the developer is requesting in order to have that protection area uh they're requesting to have those homes a little closer to the street um one of the things that we've talked about and required in the plans is because the city does require a sidewalk on one side of the street we're able to flip that sidewalk to the other side of the street so that uh we don't have issues with things like vehicle overhangs over the sidewalk area so we think that uh this this generally meets the intent of the standards uh it maintains a a walk path that'll be free and clear uh and you know helps to really provide an area of protection for the bluff so those are the bulk um standards that the the applicant is require requesting flexibility from um staff are generally supportive of as mentioned of these requests so I'm going to move on this is an a survey of the existing conditions on the site and I think the the long story short here is you can see there is quite a bit of topography on this uh on this north side of the site where the the bluff is and so uh staff have paid really close attention to the bluff area throughout this review process and we've really uh intend you know tried to work with the valley or the South Washington Watershed district and and just the rest of the City staff when we looked at the plans and so we've also reviewed a number of the things elements of this project which you can see on the screen we've looked at the building materials proposed the facades and how they're designed U Bluff area tree preservation and Landscaping I looked at this from a Parkland needs perspective I looked at the adequacy for parking and site access as well I'm sorry wrong direction okay so starting with building materials uh the city has a somewhat unique requirement within its R2 district for projects that U would have to meet two different sets of building design standards one is for residential structures and the other is for primarily commercial buildings and so staff are also recommending that we provide flexibility to the applicant uh so that they have to meet the city's residential standards and not the res the standards for a commercial structure uh the residential standards do require a certain quality of building materials on the on the structures they have to be um they or they can include wood lap siding with wood appearance vinyl brick stone marble glass decorative concrete blocks stco or equivalent or better products so uh the city does require a certain quality of materials on residential structures as well here are a few of the elevations that are uh were provided as examples from the applicant uh you can see here these are structures that you would see on those 40t Lots single family detached product and here on the wider 50ft Lots you see a couple examples of what those homes might look like and these are the homes that might have those uh three car garages okay and then we also uh received an example of what these homes these 40 foot Lots can look like when they're next to each other cuz one thing your hear questions on is well okay the elevation just shows the one building but what do they look like next to each other in practice and so this image is from the applicant of a very similar development in the metro area uh that has 40t lot so you can see a little bit of variety in the structures helps you can see that the setbacks helps to break things up as well as the tree plantings on the boulevard um add in a little bit of break up this this is like a six unit town home these are the 40ft lots the single family detached they kind of look like they're touching each other but they between them there's an angle on this image so yeah this is an example of what that part of the neighborhood would look like okay n yeah what's the distance between the buildings on this particular picture you know you know actually don't know that um yeah I would I would wonder if the developer might have that answer for you yeah how far are they back from the street in this one so that yeah the the front yard setback I'm not sure it looks like we're if you look at the water tower back here in the community of Minista so that's that's the only uh information that I have to work off of I'm not sure what their front yard set back is and what zoning but how long's like a pickup truck so we got a pickup truck there and it looks like he's about half the distance to the street standard vehicle length is usually somewhere about 20 ft so so that's about 40 ft back maybe this is more than the 5 foot set oh absolutely yeah and this the 5 foot setback would be from a structure to the side Lot line and not the front lot line which is considerably more as a requirement under city code what is the proposal for the ones newp to to the street the front of the house to the street on most detached single family lots will be 25 ft 25t and that's actually from the the front um of the house to the front lot line and then there will be an additional area of Boulevard until you hit the curb so there is in practice usually a few more feet of of grass or area before you hit the street I think you mentioned that there will this this will prevent the overhang of vehicles parked on their driveway into the street yeah we wanted to make sure that we were cognizant of that to to just try to make sure that we have a clear sidewalk and the sidewalk is not under one side right exactly and so when we have the shorter 20 foot setbacks that's why we had suggested to flip the the sidewalk to the other side of the street y yep so moving on uh just another look at the Town Homes this is obviously not an in person photo this is a rendering that was provided from the applicant of the town homes and so here's another image of that as well um the town homes are naturally closer to each other the units I think one thing to note here and this something that I think the city's staff will be looking for if when this development is approved is that the town homes provide these this articulation at a minimum U to help to at least provide a little bit of visual interest in in the structures the other thing that you're not seeing here is the required Street trees so again Landscaping does kind of help to break things up a little bit so those are a couple just quick things here uh we would expect that not all the town homs are exactly the same and I think for our city administrator and for you I know that you worked uh pretty closely with MWF on the uh new apartment building on the transit site for some finishes that looked a little higher quality I just want to make sure that these look like they fit Within the other sample homes of the Bradley and and so on that it doesn't look like all of a sudden you've left a neighborhood and you've walked into a completely different Community colors should be similar there should be some things that make it look like it belongs there and I also think questions about what's happening on the east side of Century Avenue in Woodburry that all of this looks cohesive this doesn't look like its own Standalone neighborhood that got built you know 10 years ago and then we added something else you know today and then Woodberry looks like it got built 10 years from now that there should be a cohesive feel to it and these Town Homes uh connected Town Homes should look like they belong in the neighborhood and and this design doesn't look like it belongs with the sample houses we saw mayor thank you for the comment and I I would agree that this this rendering is not very similar to I'll go back to some of these and so there's a little bit of brick here there's some interesting column work a little bit of detail on the Peaks and um yeah I think that the developer you know the developer and the and the engineer for this project are here this evening and so I would um you know maybe pose the question to the developer about um you know the style of these buildings and how they can be cohesive with the rest of the buildings and the development okay okay so I'm going to move us on to the bluff to talk a little bit about this and so the I have a few different images on the screen here um the one in the center is from a site visit that City staff um made to the the site with the the applicant or the developer uh we were really interested in understanding kind of the nature of the bluff and understanding you know what what concerns might there be from a city's perspective about this area um what's the condition of it does it need stabilization stuff like that um the images on the left and the right of that picture those are obviously site um site maps and you can see the considerable um ele elevation change really in this corner where the cursor is um that that's the definitely the steepest part of of that bluff area and so I've gotten a I've got a couple area excuse me arrows on this screen here um and and really they kind of articulate two different areas of focus uh one is the blue arrow which really was I think City staff's main concern given the really steep drop off there we just want to make sure that we're not creating conditions that are going to cause that to become an issue even further in the future and so the applicant did have a geotechnical report submitted that you know should address the issues here and you know obviously you know the applicant doesn't want their own project to be subject to Bluff issues uh the Green Arrow is uh potential stable Bluff stability and so they're really looking at stability of the bluff correct yeah making sure that bluff line doesn't move the Green Arrow is something that the actual the Watershed was pretty Focus focused on and really that is to say we don't want to create another uh Ravine right so we want to make sure the entire Bluff line is stable and so uh feel that the bluff um kind of protection plan or protections that are being put in place can help to really stabilize this area so on this slide you see um you know so on the previous map you saw the property boundaries going all the way up to that bluff line and after working with the Watershed and and staff consideration of some of the issues here uh the the applicant has shifted uh those property boundaries away from the bluff line and created a 30 foot uh structure or setback rather from the bluff line uh two property boundaries and so um that really helps to create an area that is more easily maintained as open space and natural because you know we all like to mow up right up to our property boundaries and you know when you have property boundaries right up right up to the bluff there could be a tendency to um do things in that area that could destabilize that so an effort to meet um the intent of the watershed's bluff protections and also to just make sure that you know we're kind of doing the right thing here the applicant has in increased the size of out lot SE to include a 30-ft bluff protection area that was the first thing uh the second thing was to provide uh staff have suggested that a plan be provided to rest restore the bluff Impact Zone and really to number one remove Buckthorn in that area it is there is a significant amount of Buckthorn on the bluff um and so in that area Buckthorn should be removed and signage should be located there and really to help denote the bluff protection area and make sure residents understand what the purpose of that is in addition to that um there are some trees in that bluff protection area that are of good quality and so for those trees it makes sense to keep them uh there are other trees that are like ash trees that might be infested with Emerald ashb or invasive species that aren't worth keeping and so as part of this project staff are suggesting a requirement to have species of trees that you know are not desirable or trees that are unhealthy removed and replaced the the last piece of this is a um storm water basically plan to have water not flow down the bluff and actually be captured on the home sites and and brought to storm um appropriate storm management facilities so here's an image are you going to be talking more about the storm water capture at some point this be the time to ask those question yeah uh I had do have a slide on storm water so we can maybe wait until then uh just to kind of cap things off with the bluff area we were just really interested in understanding kind of what's the history of this Bluff uh specifically we had some public comments that had questions about this and so an image from 1937 an aerial image of the city or the area that would become Newport um or it was already Newport but you know what I mean so we have newport's an old Community um we have the site here and you can see that the that the bluff was actually not forested at that time uh this area was largely all tilled Farmland uh moving to 1953 again still not many trees and so it it doesn't really come as a surprise that the tree preservation plan or the you know the schedule of trees on site includes a lot of softwood trees and trees that aren't like that historic hardwood forest uh and so I think the long story short here is um you know with the tree preservation plan the the applicant has shown uh that they're definitely not removing more trees than they're allowed they're allowed 30% and they're removing about half of that as the plan currently shows I will note that staff are really closely looking at that uh area in red on the screen to make sure that we're keeping the quality trees and removing the trees that are either not healthy or not desirable in terms of landscaping the applicant has provided a planting plan again that provides uh the trees as required by city code um there are a number of trees that are required by city code based on the permeable open space in the development and so you can only fit so many trees on site uh so the applicant has um proposed to not plant all of those required trees uh or plant up to a certain amount and so um staff understanding the you know kind of limitations to where you can locate trees uh do propose that if the city does approve that flexibility that the city establishes a um a fund an inlo fee through an inlo fee for any tree not planted they the developer would be required to pay a fee to the city to establish a tree fund okay so parking access and circulation uh we've talked about circulation before on this site and so the roadway that you're seeing here uh does meet the city's um requirements for that there are two access points and we have um all of the properties on one roadway all of the properties or the proposed sites here do meet the city's parking requirements I should also note which is how much uh you've got a requirement for two parking stalls per unit and so each of the units in this project including the town homes will have two enclosed parking spaces plus the addition of two spaces in front of each garage for for guest parking and HOA does allow them to park on their driveway you know you'll have to ask the developer that question um I'm not sure what their hoa's policies would be for for that okay in terms of storm water basins this is uh the opportunity to kind of talk about this a little further uh be again this is a little bit of a tighter site and so the applicant has requested a little bit of flexibility from the city standards and uh what I have written on the screen here is what we've put into the Pud ordinance in order to provide flexibility uh it does make sense to to do that in certain cases uh in this case the the applicant has requested a reduction in width uh from 16 and a half feet for a vegetative strip around the storm water pond a reduction from 16.5 to 12 ft and in addition in certain areas to not have that protection uh strip and so um primarily that that strip helps to reduce the slope of the storm Pond for safety purposes and so in areas that aren't directly adjacent to a home it makes sense to provide the flexibility um but in others where you have a home it does not and so that is what this PUD flexibility would would allow talked through a number of areas that have already kind of overlapped a little bit with the city engineer and Public Works superintendent's comments um so there are a number of those and I just note that in the um staff recommended conditions One requirement is to conform to the city Engineers memo as it's written or subsequently revised to make sure that the final plans here meet the city standards so here to summarize uh the deviations that would be permitted by the city for this project include those to bulk standards and uh building and sight design the bulk standards include lot area for the town homes and single family units setbacks for the town homes primarily due to the way that they're platted and lot coverage uh impervious surface similarly uh for the town homes uh building and site design standards uh again we talked about building materials the Landscaping specifically the total trees that are planted and the storm water Pond protected buffer strips uh so we've talked about the plant unit development this project does meet the city's goals for puds um which are on the screen here it also does appear to meet the city's standards for Planned unit developments at the city's plan Planning Commission meeting on July 10th the a public hearing was held and folks were able to come in and provide comments we had a number of people that showed up to provide uh verbal comments um we did also receive one written comment on this project the written comment was related to um you know an ask or concern of that Resident for the city to do due diligence on whether in any enironmental review is required uh staff have responded to that inquiry and provided an assessment of um the city's position about that so really quickly uh Environmental review it was determined not to be required at the conceptual stage for this project and that was primarily due to this project not meeting or being really very close at all to the city's uh or the the state statute's threshold for requiring environmental review so we can go into more detail on that if you would like um but I do have some information here should you should you want to talk about that more so there are 14 conditions that our staff are recommending for approval uh they on the screen here most of these are are pretty uh I'll say standard conditions for this type of project uh a couple that I would call out is that the applicant has to meet the some of those um conditions that we talked about for Bluff preservation uh and and continue to meet the city's standards for infrastructure as well so uh that all being said staff do recommend uh approval of this project with conditions I have three example motions on the screen for you uh the first would be to adopt a resolution approving the preliminary plat PUD cup and resoning for this project the second is an ordinance establishing the Pud flexibilities that are being requested and the third is to authorize summary publication of that ordinance and so uh lastly I'll note to you that the developers here if you have questions for them but I am happy to answer your questions now questions for Nathan council member and G my question would be on Outlaw A and B yeah uh water holding ponds they look like perfect breeding ground for mosquitoes uh I will say that we see storm water ponds in a lot of modern development and so that uh maybe the extent of my ability to articulate anything further on that so I'm going to ask uh John or perhaps even Matt to bail me out I don't think you're wrong uh but they uh you know there's similar these are these are wet ponds so they will be um uh holding water at the at a normal water level and they that's part of the water quality treatment that's uh you know outlined in the Minnesota Storm water manual and it's a pretty common treatment uh so I I don't have a good answer for you as to how to mitigate your concern that's why mosquito control isol come and throw a brick in there once a year and all mosquitoes is that what it yeah it's brickets with mosquito killing stuff I don't know I mean if you're going to buy a new house next to a pond you kind of like my parents live next to almost exactly the same kind of development down in Hastings and my dad loves all the Ducks and the geese and the other animals that congregates around there gives them something to look at at 88 years old I just mentioned the point thank you you council member sner I did work for mosquito control for a while and they put in bacterium th genis which goes into the water distributes and then it is a bacterium that eats the larvae so they treat all these areas and the only thing I can suggest is we make sure the city does contact the mosquito control and alert them to the presence of these new holding ponds there's holding ponds dotting all over oh yeah and no I don't want any more mosquitoes cuz they're ruining the summer I'm scratching oh my God they're just wretched other uh questions for John yes council member Su does somebody else have one nope you're up the ponds how did you anticipate the size or calculate the size of them so the the size is based on drainage that are you know drainage of the development and so again I'm going to have to ask John to bail me out on this so the applicants submitted a storm water management plan which included drainage calculations for uh water quality as well as water uh rate control and volume control the the ponds were sized based on the based on the cities and watersheds requirements uh for water quality uh we also the the storm water management system is a combined system between the the ponds on Newport site and there's infiltration areas on on the Woodberry site so they the applicant achieves their volume control by infiltrating water uh on a portion of the site and then they achieve uh the volume or the rate control by sizing these ponds appropriately so that they only release uh water storm water at a rate that equal to the predevelopment conditions and the applicants provided those calculations to us and our Water Resources team as well as Uh Wood berri's Water Resource team are are comfortable at this point I think there's still a few things that we're going to uh that that we're going to work through but comfortable at this point that uh approving uh that we have the specific comments in that in our review memo that we'll address uh and the applicant will be uh required to uh to to modify the design slightly to accommodate so once water goes into those ponds does it either percolate down or is there an option for it to be transmitted also to the Woodberry site through through through piping yeah so on the on the Newport side in Outlaws A and B uh those are wet ponds so there is not uh a tremendous amount of infiltration in those areas or at least it's not factored into the design calculations there'll always be some some evaporation and a limited amount of infiltration uh the there's a larger infiltration Basin just due to the uh you know the the lot configuration the on the Woodberry side of Sentry larger Lots they can fit in a larger infiltration area there so water uh the main purpose of the uh of the ponds on the Newport side is that retention those ponds are allowed to accept water the water level raises and then slowly dischar charges so uh in the smaller storms we uh the the site has very limited discharge from either Woodberry or uh Newport because uh the water from these ponds are directed toward that infiltration Basin in the larger storms we do uh we we do collect water uh through storm sewer and a portion of it discharges down the Ravine and then uh and the Very uh large storms they would discharge North along centry Avenue uh into into Woodburry and how does it discharge just by over overflowing from these ponds no it's all in uh storm sewer pipe buried storm sewer pipe so there is piping in these two Outlaws correct yep and we do have an outlet down to the Ravine uh you know the entire uh the at least the Newport side of this development currently discharged es toward that toward that Ravine and that's uh what what the applicant has done where I see as a very good Improvement is they have they are proposing to construct a piped Outlet all the way down to the bottom of the Ravine so you don't have the the water going over uncontrolled and then being at the bottom of the Ravine we can fortify that area to prevent that erosion and then uh Nathan touched on it during his presentation but I'll underscore that all the runoff from impervious surface so from rooftops driveways uh that is all being collected in a pipe and so that's uh we we wouldn't we won't have the situation where you have a downspout that's directly dis or concentrating water to a a specific area adjacent to the adjacent to the bluff they have a rear yard storm sewer that will collect that and then move or transfer that water convey that water over to that controlled discharge point underground underground correct freezes here in Minnesota I'm just curious spring spring melts and so forth well there there is uh a series of emergency overflow locations so in the in the event that the uh whether it's the inlet capacity for the storm sewer in the street or if the you know as you mentioned if if pipes uh lose a percentage of their capacity because of Frozen water uh there are routes over land that allow the water to discharge from the development with uh without impacting those adjacent homes and that's something else that that we're studying and and we want to there's some critical areas as you might expect uh that we want to take a close look at and make sure those areas are wide enough that water can get through and not and not damage that private property so this is still being adjusted it it it is there if uh is you see in the packets there's still a pretty lengthy uh engineering comment letter but those uh I believe are more you know construction related uh um comments uh we do need to you know tie up a few loose ends on on stormw but uh all in all we feel like we're we're in very good position for uh for storm water management on the site and the reason I'm asking these questions is when I first moved to Newport water came out of the Public Works area and flooded my neighborhood so I'm very cognizant and concerned about this for the ongoing residents that are going to be living up there and I don't want it to wash out the hillsides up there because the Sugar Sand will wash out by the thousands of of cubic yards very easily and quickly so I'm concerned about that and Switching gears slightly I have been involved with Buckthorn removal for a very long time and I'm no friend of the buck Thor but I also have learned that the root systems in Buckthorn is extremely complex and I would not suggest we overly remove too much Buckthorn and destroy the the soil holding capacity that it has on the hill maybe go through and and trim it at 4 foot of height you don't need a 30 foot piece of buck or tree of Buckthorn but I'm very reluctant to see that all of it be mechanically and then chemically removed and leaving nothing on those hillsides again adding to the potential denuding of these Hills because once it goes you have a hard time replenishing the the soil holding capacity on those steep hills it's my understanding that uh to your point council member SAR that the the root systems for the Buckthorn are are going to be used are going to remain so in in help hold that that Bluff line together until you know the the planting or the other uh proposed plantings uh can take take effect and then add to that root system but this is a very convenient place for me to lob it back to Nathan to uh to elaborate yeah thank you uh so yeah so there will be a requirement to remove Buckthorn at the top of bluff area but the the method of removal will be to cut it off and not to Grub it basically saying that we won't be rooting taking the Roots out will cut it off and let those roots basically degrade naturally while as John mentioned the new tree plantings that are going to be required um in the Landscaping plan hardwood plantings that should have long long lifetimes uh so those things can take hold but as we've learned in Newport that it takes a long time for new trees to be established and the road capacity takes a long time to develop I just don't want there to be a duded Hillside there to to wash away we're definitely paying I would say very close attention with looking at that tree removal plan okay to to make sure that we're you know being aware of trees that if we remove them is this going to cause an issue and then also I think the method of removal is important and so we're able to really kind of keep good plantings have them established or have new ones established in good in good locations and then is there going to be some kind of native shrubs grasses put in there in the future yeah so a ground cover would need to be established and part of you know that's part of the Landscaping plan okay thank you and oh I'm sorry then this number of units is 125 total now 122 122 122 was there a higher number proposed at one time and then that was changed down yeah you know there's been a lot of changes to this initial plan there was only one point of Ingress and egress at one point and I applaud the developer for being open to a number of changes that were asked foring is a very critical yeah I approve of that 100% yeah I was just wondering how many units we lost I think they started around 140 145 something like that is that right yeah and so I think that there have been some changes as we as as noted the concept plans have changed a little bit and also there was one parcel that is currently in this project that wasn't previously and so there the unit totals have changed a little bit you we have landed at the developers has landed at 102 units and so that's what's being proposed now sorry 122 you're right yep yep okay so I think um I'm going to just bring us back to questions related to approving the Pud um and I think additional questions about some of these other specifics can uh take place outside of uh this discussion because I don't know that they really impact the Pud um approval so uh Marv do you have a comment or question I'd like to speak to one part of the Pud and one of my longstanding things is to not use the Pud to unnecessarily circumvent zoning and you know the one of the things that we as this project has evolved you know last time around it came to the council is I think I gave the suggestion of you know trying to get as many 50 foot Lots in there as possible and they did that by putting ring but and the question was we were working up against a net density of five trying to meet what we had in the comp plan well now we've been able to subtract out the net density some of these areas for the net density so now we have a net density of 5.44 M which what that means to me is that we no longer need the flexibility of a 40ft lot we we can meet the 5 foot or the 5 acre minimum with 50 foot Lots so I don't want us to to you know bypass that's to me lot withth is one of the most the key pillars of zoning residential zoning and so I don't support a 40ft lot I think we can you know subtract out a few houses meet the 50 still meet our five with our five maker minimum in the comp plan so I don't see a necessity of the 40 foot at this point I don't see desire you know a reason to go that way so that's my that's my one thing I think everything else I I appreciate about how it's evolved I understand why the town homes got put by the Ravine I'm not always a fan of it but I understand why you did that to you know in the backyard what you're trying to achieve so I'm I'll support the you know the town hall modification but my one one point so if we shifted to 50 foot Lots how many more homes would be lost I don't know that we can do the math right here so I I mean I don't know if the applicant is prepared to to to provide that information to you looks like they're calculating I did some calculations before I know there's margin to meet the five but it's it's it wouldn't be strict 50 but it's approximately you know I would still like to keep that pillar of our zoning because it looks like a number of very narrow Lots in block three um and kind of on so block 3 is where you can see the 1 2 3 4 five on the kind of the bottom of the screen the north side of the rad um or the upper side of the road those look quite narrow then on I'm going to say west side looks like there's four pretty narrow properties I mean five becomes four in the zoning so every five houses becomes four houses so there's about 30 houses you subtract out about six houses you're at about 117 you know it's but if you're only looking at say 20 houses with a 40ft lot width it's then you you don't need to strike that many homes because everything on the outside yeah the outside the outside is not affect it's just the inner part and know you're talking about like about 30 homes there so it's it's you know give or take it might be about six homes five or six yeah it's you know and so there's still at 117 you can do the math to meet net density of 117 divided by 25 you're I think should be how we at 5 point because under five something though is yeah we're at 100 n the net of 24 we're not at doesn't jive there 5.44 doesn't multiply by the net to 123 so something isn't it's no longer 5.44 um it's closer to 5.4 if you look at 122 units so the the density calculation that was shown on this screen is um it showing 123 units yeah off that 20 I guess the 22.6 is what they're using so yeah it's so I think from a developer perspective the question is is the project feasible with fewer homes well it's first I mean it's it's our zoning here that that's their you know I mean it's the answer I think I don't think that's a you know I mean well I think it's a fair question because I if it's not feasible then we need to know that well that's done well right you have you have 55 foot 65 foot Lots in Cottage Grove nearby development you can clearly do a development you know and if it's if they can't do that then I guess that would be I I don't think this is I don't think there's you know that kind of precision but it's like if we can't afford you know you can't afford to build you know at 50 foot that we've given them you allow the town homes I don't see hang on I guess yeah I don't [Music] so6 I don't know I I I don't I would say that I I don't think it's smart to do math at the table um because I think that staff need time if the direction the city wants to move is this is a point I raised before to you after the Planning Commission me so I'm not tossing this out here you know this I I said I would raise this point and this is the point I'm raising it's a pretty fundamental point about PE flexibility and so look like 117 gives us 5.18 yeah I mean you're still above five and that's so even if we drop to 116 or 115 depending on the other math there probably still above five it's the principle of the of the 50 of our zoning that I'd like to keep upill mayor M of the council I just yes suggest that you hear from the developer this is a a kind a recommendation or requirement that will exactly impact them so I think it just be wise to hear from them correct yes I agree you want to talk oh excuse me mayor council uh Ben Schmid Twin Cities Land Development three East View Lane North Oaks um I'm going to start this is not pandering so please don't take it that way but um I think we often don't compliment each other I think I've been to a the guy who was here earlier said he was youngish still I'm a little bit like that I'm youngish um I think I've been to just short of 20 ,000 city meetings in my life um I usually get there early and stay late and sit through them all and been to a lot of assessment hearings and I got to give you compliment the mayor and your city engineer very often um your residents don't leave feeling like they've had their questions answered I think you guys did a really nice job of answering their questions listening and doing it in a way that they could understand so I want to compliment you with that so not try to get my five units back or six units back and I shift gears but I just think often we don't say things and I sit through a lot of meetings where I think well I don't understand what they said and I'm pretty smart you know so I think it was a good job to uh answer their questions so relative to our development if I could I I I definitely want to answer your question about the 40s versus 50s but I'd like to just take us back for a minute where did we start yeah I think that's fair um you know we were here I think boy certainly over a year ago I think is where we started and um we had a very different plan and again part of the issue is for us is to meet that comp plan density minimum of five units to the acre and at that time in order to meet that density we had more tow houses we had different Road configuration etc etc and what we heard loud and clear from not so much from Planning Commission but certainly from Council was we don't like this plan I mean we don't like the units we don't like the layout we don't like it go back and work on it and really um I'd like to take credit for all of it but that isn't the truth the truth is is what really helped us was we're able to secure um additional property uh just to the north west um another six acres or something of that nature and that really allowed us to change this plan I mean had we not been able to secure that piece of property as part of this of course we would have had to change the plan some more but I think at that point the plan would not have been feasible I don't think there would have been a plan that could have satisfied what your desires were and met the 5e Acer I don't think it was possible so thankfully we were able to get that um which allowed us to change the plan and in our minds meet um certainly the spirit of the requirements that we heard as well as the minimum density I think one of the things I think is important to look at you know Nathan did a nice job of laying out what we've done but one of the things that I want to uh just call your attention Nathan talked about the site being tight and and the site is tight in terms of again trying to meet five units of the acre and still meet your ordinance and one of the challenges with your ordinance is um when you guys talk about town homes in my mind to talk it thinks more of an apartment building I understand this is what it says but it thinks more of an apartment building it puts more of a commercial zoning standard to it and that's one of the reasons why we need the flexibility around those Town Homes is in order for us to have a for sale individual town home unit we need it to be on a lot that we can sell to someone and that's why you see some of that flexibility I think Nathan did a nice job of pointing out which is we certainly meet the spirit of it which is we're not trying to put the thing right on the road I mean we're meeting the spirit of it but we just got to be a little flexible in term of some of those technical um requirements because it just doesn't fit um and so I think that I feel good about that um in terms of uh again one of the things that we've done gez probably in the last 60 days maybe or maybe a little less is we certainly heard from staff and Watershed and I concurred is want to make sure we protect that bluff right and although there is the ability to have a lot that would go right to the bluff setback I've done a lot of development in northern Minnesota where we really deal with Bluffs that are adjacent to a lake and and they're pretty sensitive and I've experienced myself that when the lot goes right to that bluff setback boy it's easy for the homeowner to start mowing it and pretty soon they start mowing down the bluff and then they've cut down a tree and all those things happen and so what we did is we really tried to squeeze everything so that way we get further away from that bluff um and I feel good about how we've done that in terms of really having a strip that the homeowners don't own does it make it 100% certain that that homeowner won't try and mow a little more it doesn't but it gives us some teeth to be able to say get back in your lot when it's there a lot it's a lot harder to do that so I feel very good about what we've done there um and so I'm very happy with the plan now relative to and and I think that our our PUD flexibilities generally aren't asking for a lot meaning that again when we talk about the town home flexibility I think we're really talking about more technical in nature than spirit and nature and when we talk about the houses the detached houses it again was we were asking for more flexibility because that allowed us to skinny up the areas to get further away from the bluff so I think all of our PUD asss are not too um it's not too ex stranu now relative to 40 ft versus 50 ft 100% it's different it's different than what your ordinance is if you tell us those have to be 50 ft I mean not I like to be honest so are we going to go forward with the project yeah I think we're going to go forward with the project obviously I can't do it all on the fly but I think we're going to go forward with the project one of the reasons that we wanted to see a difference there is to give us a different housing product too right I mean it gives us how us to have a little bit smaller house a little bit cheaper house and allows us to meet some of the other goals that are in your housing study which are trying to have some affordable housing and and when I say affordable I'm going to put that in quotes cuz obviously that can mean a lot of different things to different people for me what it means is housing that normal folks can afford to buy because it it quickly uh as we've seen I was just in a meeting before getting here you know what was a it's funny I used to go to remember the first time I proposed a 65 foot wide lot in a city and I mean they thought I was insane right and I said well what I'm trying to do is get a house that can be 400,000 and of course today that house on a 65 wide lot is 800,000 and so part of what we're trying to do with a 40ft lot is get a different housing type that can meet a different price point at the end of the day you get to decide you can say that isn't our priority our priority is we want to be 50 foot lot minimums and if you tell me that's what it has to be then that's what it has to be I do want to just say that was part of our rationale wasn't the the the only rationale wasn't just hey let's figure out how to shove more on now we did want to make sure that we exceeded the five units to the acre and one of the questions I've had a situation in my past where we all thought we exceeded five units to the acre and the Met councel came back later and said he didn't do the calculation right and we were right at 5.1 and they said no turns out you're not at 5.1 you're at 4.9 you need to make a change and we had already kind of started the project so I would like to be a little bit further than the threshold than 5.01 because that is a real issue that can happen that is a risk um I want to address one more thing and then I'll be quiet and stand for any questions relative to uh uh mayor you brought up a a question about making sure that the town homes will fit with the uh rest of the the development rest of the community and typically I'm a developer I'm not a house Builder typically I want to develop lots and I don't want to tell you who the Builder is going to be I'm keep it a secret but because I might not know yet right and when we're in a situation where we're doing what I'll call pretty standard stuff right we've got some 65 foot lots and we got some 50s I'm going to tell you look you don't need to know I'm going to give you some representative elevations and I'll make sure that they meet that and everything's going to be fine in this case again we heard two things loud and clear when we were here before one was we want to know that these are going to look pretty nice and two was that yes we've got to have kind of a cohesive neighborhood so in this case we have picked our Builder already and I say picked we've got a signed contract and all those good kinds of things and I think they were well they they came to one of the concept plan meetings they came to the Planning Commission meeting Maybe and the elevations that we're using are their elevations and again part of what part of the reason why I don't always like saying who the Builder is going to be is I like to mix and match a little bit because I like things to be different not be so uniform that it feels like you're looking at a army barracks if you will in this case we agreed this is a tight site let's make sure it's cohesive so we've got one Builder um we've got real elevations from them and we absolutely will work with them and with City staff to make sure that it feels like a community not we've got different things that don't fit together so I feel good about that including within the 40 foot Lots I think we can have a housing type there that would very much feel like it fits in that said if at the end of the day you say look it's got to be 50 it's got to be 50 um I think that was really I wanted to just make sure I kind of address the questions that came up it's really all I had to say and and happy to stand for any questions yeah thanks for talking about the finishings I was going to call you up and ask you anyway so going to give to remember I didn't bring my notebook in so I didn't take but I tried to remember all of it if I missed anything please let me know you're doing good for what do you say not as young a guy or something not Asing d d that doesn't happen much yeah Kevin your thoughts on the 50 Foot lot width um requirement I wanted to ask and maybe you're won't be able to answer this but price point on a a house built on a 40 foot lot versus same or similar house on a 50 how how much is the customer saving on that 40 foot lot obviously it can depend on a lot of things but generally speaking the lot price is $15 to $20,000 and what we would typically see in the house is somewhere in $30,000 range so I think it is a $50,000 Delta between a 40 and a 50 now again could you take a 40 foter and fill it full of fancy stuff and make it expensive of course but that's what I would expect to see okay I'm on the fence a little bit but I did want to get a number I appreciate the fact I mean they have a reason why they're doing the 40 and and now we have a number as to what it means to the customer but I got to honestly say I'm not sure where I want to go with that yet I'm curious if he's if Marv has been persuaded at all no I mean I'm not I think these are I mean my my you know I you know when I started on the Planning Commission a long time ago the minimum R1 single family was 70 you know we bumped that down we had a PUD controversy on a site the city sold where we got one extra house on there by going down below 70 I felt a big push back one extra house um but then you know we so in partly then we created this R2 zoning District you know in my time on the plan commission we went down to 50 which shaved 20 feet off of the minimum lot so this was you know in you know this city has a lot of large lots and people are used to large lots and so 50 is a big change for a minimum you know that was that was the idea of having it was a minimum and it's like I don't you know I'm I'm okay with all the other flexibilities the Pud flexibilities there more sites specific but it's just I think it is it is something you know it does produce you know it does I mean it was if there was like a 50ft average I'm not going to ask you to start going back throw 65s but it's it's nice when you get like the Bailey Meadows was a two different style I like that when you do have two different style but I don't want it to be two you know 50 than 40 you know this was I mean it's just it is what it is but you know and it produces a different house you know not just in terms of Aesthetics but two more two stories you have to build up over garages you know I I don't you know I just I think I I don't think there's a need to you know you if we don't need the flexibility I don't think it's I think we should have made the if we wanted 40 we thought that was the minimum we should have we should have made R2 40 40 foot lot and I don't think any you know I don't think anybody here would support I don't know it's like that's if we really wanted that to be you know the minimum we should have made that the minimum and it's like I don't we didn't choose to do that and nobody here probably everybody had a different vote on it into some capacity and I I don't don't think I think we kept that as the minimum for you know and it is it's a little you know it isn't that it's going to be would be bad but I think that is I think we should try to hold to that and that's one of one of my things with the puds a lot of controversy around them they work as long as we don't we keep them to the flexibility to a minimum that's why I think what you know there have been a lot of modifications lot of tightening up of the pewd language over the last 10 years I know we got somebody sitting in the audience who who's on a bluff land who's probably listened to stuff very eagerly too if he see you know if we start going forward you know if we start giving you know there's been a lot of controversy around PE and Bluff in a different area you know when I was running for office four years ago so I just that's it's just it's not something I you know I think I want to keep the Pud there was talk about getting rid of it and you know but it's like it it works if we keep it okay to a minimum that's that's kind of my my belief but Tom your thoughts sorry Tom your thoughts can agree with the with with Marva Ian we we did set a minimum and now we want to change it again it's like we're going to stop at 20 or are we going to go down at 10 I know someone who lives in a 20 foot wide house so well you know well 20t L you only have a 10 10t house it's it's in in in Amsterdam the the they build up okay crazy so uh and there is the question of fit with the neighborhood too I think that you know I mean I don't I don't get over zealous about the fit of the neighborhood but it's just like we are also building across the street from you know a large lot the Cherry metal and you know it's not it's not this isn't going to that changing from 4050 isn't going to make it match it but it is you know these are 50 foot is the smallest in that area ctage Grove is and we have 5 acre lot so it's it's it's it's hard this transition from RE to R2 is something we spend a lot of time thinking about and it's like yeah it's I don't want to push the max of it you know here it is the bluff is something we do you know and it's just it isn't all the concerns you know you know if you surveyed everybody up there they'd probably for a little bit smaller it's not going to make move the needle very much but it's to me the mor question is the Pud principle is probably my number one thing about that's you know there's other smaller reasons but the the principles behind the Pud what the minimum flexibility not maximum council member suar thoughts on this things things change p D is an opportunity for us to adjust to the changes that are happening in the world the world is very different now than it was even 5 years ago economics has priced many people out of the opportunities to consider getting homes the fact that we can have nice homes in Newport and it may requires a small adjustment through a legal process of PUD I'm fully in favor of doing that and I don't want want us to keep people from being able to become homeowners on a nice place because of an assistance on following a number that has been arbitr not arbitrarily a number that has been decided before but it's the number that is not as as black or white as some things this is not murder this is this is the size of a lot and lots can change in size and I fully believe in ex exercizing the option that we have to be reasonable and to make that work thank you um all good comments I think because we have the town homes which I assume will be less expensive because you're putting them together there are opportunities for ownership here um on a small share uh property so I do think there's opportunities for people to get into ownership um although not necessarily on a home and an individual lot that there are some there are some alternatives for someone to do that with this uh particular plan I hear what you're saying about 5.01 so I think my uh approach coach would be to go to the 50ft Lots however if we need a couple of 40f Footers to put us enough over any sort of calculation that may come back from the Met Council we don't have to completely redesign redesign the layout and I would trust that you know our engineer and our planner could could determine if that's two or three 40ft lots you know or if it's 140ft lot or or or what that that is um but if we could do it with all 50s I would support that Kevin your thoughts you were kind of on the fence now you've heard more opinions I I agree with Marvin principle that you know if we wanted 40 foot Lots we should have put that in there at the time ironically I own a 40ft lot in the cabin behind my house you yeah um the old neighborhood was all 40s um so I think I'm going to follow uh council member Taylor's um Direction here I think we can probably I mean I did the math and I'm not the engineer it looked like 50 foot Lots would get us 5.15 or so you know maybe that's too close to the edge for you so maybe you pull out six homes instead of five I don't know I'm going to let I think we should let the Builder and our planners engineering get together and figure this out we're not going to figure this out here but I think if we stick to the 50 Foot lot minimum then they're going to have to figure out how to put the program together otherwise I like all the changes you made I wasn't happy a year ago when you were here I probably expressed myself at that time um this is much better much better mayor and Council can I jump in here I some ideas for you in terms of next steps here so uh understand the conversation and appreciate the guidance from from the city council on this issue um one option you would have is if you prime you know agree with everything else uh with the development in principle what you would be able you could guide staff to produce uh uh updated resolution ordinance and put that on a future agenda um perhaps you would consider even a consent agenda of this is going to you know solve the issue or if you want to see this is item again on the regular agenda uh you can provide us with that guidance as well uh to your point about uh making sure we get the calculation right I I I definitely share the concern about that just to make sure that we uh just double check the work that we're doing here to make sure we're not going to put ourselves in a position where uh the the project gets approved and then a sewer connection permit for example couldn't be approved by the net Council yeah we want to avoid those tricky situations down the road so from that perspective just a little bit more review on that would be good uh but I would feel comfortable if you guys to have to put this on on a future agenda whether it's consent or regular I'm good with that I'm fine consent well I'm fine with consent long as your memo of explanation gives us specific numbers to 40 versus 50 if they're all going to be able to be 50 foot Lots or if we have to have two or three that are smaller where those will be located so may we can tease that out and we always pull it off consent if we want further conversation yes uh and mayor members of the council and maybe just the specific kind of rationale should there be something that's you know slightly over the five or if there's that buffer based on feedback from the developer Andor maybe the med counsel and you know because I know that would be the concern if we do the calculation and it's so close and they determine uh we didn't meet that that that would not be a a situation we want to be in so okay thanks any other follow-up comments for staff Allelujah so it appears to me then that we will not be approving any of these resolutions at this time and the ordinance and and so on until hopefully in two weeks is that too soon because I don't want to slow him down any there okay he's fine okay if the if the applicant is able to turn things around we can do that okay y okay yep we'll we'll try our best to stay on a timeline that keeps you moving after tonight I want to thank everyone for uh really good comments and conversation on this these are we're getting better at them but they're still difficult because they're important they're important to what's going on so with that we will move on to Mayor and councel uh comments um I want to thank everyone who came out for the parade uh and let me throw candy at them um I enjoy that did you run out too early I did not I had perfect I had I have an entire bag at home that hasn't been open yeah it was a half a block or something last year yeah yeah that I ran out and there was lots of kids so I bought extra extra and then I ended up way way too much um I do want to report uh we did submit an earmark request also called congressionally directed spending uh to both of our Senators as well as um Angie Craig's office requesting $6.5 million for continued work on our inflow and infiltration um it did get uh submitted through uh Senator uh kobar's office for the 65 million from there it went to subcommittees of the Senate Appropriations and it was reduced to $1.5 million but it has uh now made it through the next hurdle and so it the next hurdle after this is now the Appropriations Committee and what we would call it the Minnesota level of conference committee between the projects being proposed on on the house side projects being proposed on the Senate side and those bills need to get reconciled if it makes it through that step the final step then is approval um with at at the federal level uh with all the Senators and members of the House voting for it so I have my fingers crossed this is you know hopefully good news but again projects still uh do get eliminated at these stages and that could happen but I felt like we did submit a good application with good justification behind it as to why we needed the help so 1.5 and that's something as we were talking about the upcoming project um could be applied uh to that work um I also just wanted to give a shout out to Denise Carlson who trains at Core Fitness she is going to be in the 2024 CrossFit Games in Birmingham Alabama on August 29th and Core Fitness is one of the businesses in Newport and I just want to congratulate her and wish her all the best um in that compet ition and I will uh turn it over to council member Ingman uh on September 7th uh at Woodbury uh Environmental Center they're having what's called a fixed Clinic if you got something that's not working and you want somebody to fix it and people that Tinker with stuff okay so items are accepted uh from 10:00 a.m. to 2: p.m. and the last item is accepted at 1:30 p.m. hopefully you get your item fixed you get a broken tster or Lantern or clothing textile you know there's a there's a laundry list if you if you need it uh you can stop by city hall and look at it but there's a it's a long list of items that's okay you can have fixed so it's really just hobbyists come in and fix things for people for free okay thank you council member chapter nothing to add tonight okay council member Taylor if you go to Heritage Chas I'll be involved in the out or ouse racing competition so see me this weekend is that full or empty I don't know much more than that so do you want me to pull or do you want want bigger people I'm not going to be on I think I'm I'm a muscle person [Music] okay want the inside light I think it's Carlos so we'll see okay all righty council member suar attended night to unite events at the Lutheran Church Donna and Tony mammood had an event and I went to Bailey Meadows and it was very nice up there I met a lot of the people and they have shirts that say life is better in Bailey Meadows I thought that was very just wonderful and I I I enjoyed talking to a lot of those folks and they talked about their their playground and their desire to have a few more things they've got the homeowners association up there to work on their playground additions and then of course enjoyed the Pioneer Day event yes we had a good turnout and um nice pictures in the Cottage Grove Journal uh that came out today so beautiful day perfect day it's gorgeous we didn't get washed out like last year okay with that I want to thank everyone who had attended today I want to thank people for watching and uh thank you to the council as well we are adjourned do you need a motion to adjourn you did it staff will add a couple names okay we are adjourned we'll take about a five minute break and start our Workshop meeting time to wake up Jason e