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HomeMy WebLinkAbout12.17.01 Council Minutes COUNCIL MINUTES REGULAR December 17,2001 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Ristow, Cordes, Soderberg, Strachan, Verch Audience: Matt Brokl, Acting City Attorney; Ed Shukle, City Administrator; Robin Roland, Finance Director; Dan Siebenaler, Police Chief; Lee Mann, City Engineer; Karen Finstuen, Administrative Services Manager; Lee Smick, Planning Coordinator; Brenda Wendlandt, Human Resources Manager; Mike Schultz, Associate Planner; Cynthia Muller, Executive Assistant John Young, Jeannette Breheim, Steve Juetten, John Schultz, Carl Grosse, Mike Olson, Ben Ford, Lee Eden, Kim Griffith, Bill Prins, William Johnson, Pat Hansen, Douglas Bonar 4. APPROVE A GENDA MOTION by Cordes, second by Soderberg to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS a) Daycare Issues for Farmington - Jeannette Breheim Ms. Jeannette Breheim, 509 Juliet Drive, Lakeville, stated if there are 5 elementary schools, there should be more than 3 daycare centers in Farmington. She contacted staff and was told there is plenty of in-home day care. She is concerned about children with special needs. There can be 10-12 children per in- home daycare, which means there would have to be 230 in-home daycares in Farmington. She would like the City to zone for more daycare. Tiger Tots is too expensive and is only during the school year. With so many children, the City needs to address daycare issues. She has contacted the school district and was told it is not their problem. Councilmember Strachan stated this is a serious problem. The City's role is to create an environment where there are not undue regulations that prohibit people from opening day cares. The County is in the same place as they license daycares, and suggested Ms. Breheim contact the County Commissioner. Councilmember Soderberg stated current zoning does allow for day care. Staff confirmed daycare is allowed in all the business districts and residential districts. Council Minutes (Regular) December 17, 2001 Page 2 7. CONSENT AGENDA a) Council Minutes (12/3/01 Regular) was pulled so Councilmember Verch could abstain from voting as he was absent from that meeting. MOTION by Cordes, second by Soderberg approving Council Minutes (12/3/01 Regular). Voting for: Ristow, Cordes, Soderberg, Strachan. Abstain: Verch. MOTION CARRIED. b) Appointments to Boards and Commissions was pulled by Mayor Ristow to change the interview date. MOTION by Cordes, second by Verch to change the interview date for boards and commissions to January 12,2002 at 8:15 a.m. APIF, MOTION CARRIED. h) Consider Resolution - Establishing 2002 Charges and Fees for Licenses and Permits - Administration Councilmember Soderberg noticed there were some significant increases in fees over last year. Cigarette licenses went from $25 to $100. Appeal of Zoning decisions and vacation of right-of-way has a $50 increase. He asked why there is such a substantial increase and if it is necessary for such an increase. Police Chief Siebenaler commented, on the cigarette license that is the general fee and will bring us more in line with other cities. These fees will help offset compliance checks. Councilmember Soderberg stated appeal of zoning requests come from private citizens. They have already experienced considerable fees prior to bringing the appeal to Council. Planning Coordinator Smick stated this was increased because of the amount of time it takes staff to process the appeals, which require a public hearing. Councilmember Soderberg felt the increase would not cover staff time and as it would be a private citizen, he would like to see the fee reduced. He stated the Vacation of Public Right-of-Way could be left at $200, but would like to see the Appeal of Zoning Decision left at $150. Councilmember Soderberg also felt the fees for roofing, siding, windows, etc. was also too high. City Engineer Mann stated the increases more accurately reflect the amount of time spent inspecting those situations. Councilmember Soderberg also questioned under Current Services, the actual cost plus 25% for staff time for processing. Finance Director Roland stated this fee has been in effect for the past five years. The 25% is based on actual footage of office space for the engineers, city vehicles and phones. Other cities charge anywhere from 10% - 30%. Councilmember Soderberg also had a question on Schedule F, Trunk Sanitary Credits, but he will meet with City Engineer Mann. Councilmember Verch asked why the dog license fee went from $5 to $8. Police Chief Siebenaler responded this is to offset the cost associated with animal licensing and enforcement, although this will not even reach what is spent on animal control. Council Minutes (Regular) December 17,2001 Page 3 MOTION by Soderberg, second by Cordes adopting RESOLUTION RIIO-Ol Approving 2002 Charges and Fees for Licenses and Permits with the amendment to the Appeal of Zoning Decisions to $150. APIF, MOTION CARRIED. MOTION by Strachan, second by Soderberg to approve the Consent Agenda as follows: c) Authorize Engagement Audit Firm 12/31/01 Audit - Finance d) Capital Outlay - Fire Department e) Capital Outlay - Parks and Recreation f) Adopted RESOLUTION RI08-01 Approving Gambling Event Permit - Southern Dakota County Sportsman's Club - Administration g) Adopted RESOLUTION RI09-01 Approving Gambling Event Permit - Chamber of Commerce - Administration i) Adopted RESOLUTION Rll1-01 Accept Donation Senior Center - Parks and Recreation Councilmember Soderberg stated it is nice to see the bordering communities participate in a facility that is used by all the seniors. j) Adopted RESOLUTION R112-01 Approving Historic Preservation Consultant Services - Administration k) Received Information School and Conference - Police Department 1) Accepted Resignation - Senior Center Advisory Board - Administration m) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Consider Resolution - 19Sth Street W Extension Project - Engineering The proposed improvements to 195th Street from Flagstaff Avenue easterly to the existing pavement west of Pilot Knob Road, will be made in cooperation with Dakota County. County Road 64 has been identified as a future four-lane, undivided, minor arterial and is the subject of continuing study in the County's East-West Corridor Study. The County has a~eed to include their portion of the funding (55% of the project costs) for the 195 Street project in their program for 2003. The estimated project cost is $921,000. Dakota County will fund $506,600, the City's portion is $260,200, and $154,200 will be assessed. There are three property owners which will be assessed. One is the school district, the property on the north side of 195th Street, the Donnelly property is currently in ag- preserve and cannot be assessed at this time for the improvements. Mr. John Schultz, 19568 Exceptional Trail, asked if there will be a walking path along 195th Street to allow the children to get to school. City Engineer Mann stated staff has been working with the County and School District regarding installing a path as that is also a concern of the school. Planning Coordinator Smick stated a trail is proposed in the southern portion of Charleswood which will also provide an outlet to the school. Mr. John Young, 19468 Evening Star Way, asked which three properties will be assessed. City Engineer Mann replied they are the three properties between Council Minutes (Regular) December 17, 2001 Page 4 Flagstaff and the Charleswood development on the south side of the roadway. The existing properties in Charleswood and Troy Hills are not part of the assessment area. MOTION by Cordes, second by Soderberg to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Soderberg, second by Verch adopting RESOLUTION R113-01 ordering the project and authorizing the preparation of plans and specifications. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider Resolution - Accepting Presbyterian Cemetery - Administration With the impending development of the Middle Creek Estates plat, recognition of a small abandoned cemetery has come to the attention of staff and the HPC. Old Plat maps indicate that the cemetery was owned by the Farmington Presbyterian Church. Records provide names of persons buried in the cemetery that are representative of some of Farmington's earliest families and may have been associated with other churches. Pastor Carl Grosse, First United Presbyterian Church, stated many of the families associated with the cemetery were members of the church in the 1800's. They have not been able to locate any deed or formal record associating the cemetery with the Presbyterian Church. Back then, it was just understood it was the Presbyterian Cemetery. The church was notified because of the Middle Creek plat and the interest of the HPC. The church is very grateful to the HPC, the City, and especially Karen Finstuen for their efforts in preserving the cemetery. The church is unanimously behind transferring any rights to the cemetery to the City. Mayor Ristow asked if the 24 graves are in this area or scattered. Pastor Grosse stated it is difficult to tell as the grave stones have been moved several times. They are in that proximity. City Administrator Shukle stated the state historical society would typically be contacted in these matters. Planning Coordinator Smick stated an archeological survey was done on the Middle Creek site in October 1999, and the survey stated no inventoried historic properties or archeological sites were found. The cemetery is not a portion of Middle Creek. Administrative Services Manager Finstuen stated the HPC consultant will assist in developing a plan for the cemetery and also assisting with archeological advice from his colleagues. It is apparent where the graves are located in the area. The boundaries of the cemetery are far outside where any graves are located. Councilmember Soderberg stated this meets the definition of an abandoned cemetery and asked if this requires County delegation? Administrative Services Manager Finstuen stated if it were not located within the City it would be County responsibility. Attorney Brokl stated if it is within the City boundaries, the City has jurisdiction. Councilmember Soderberg asked if the County would appropriate funds for the care of the cemetery? Attorney Brokl stated again that is Council Minutes (Regular) December 17,2001 Page 5 if the cemetery is located outside the City limits. Councilmember Strachan asked if the HPC has determined how it will be cared for. Ifit is overgrown, it should remain overgrown. Administrative Services Manager Finstuen stated the HPC will develop a plan but most of the discussion so far has been to leave it in it's natural state, but to make it look more cared for and perhaps provide a trail to reach the area. If there were some type of hedge, it would periodically be trimmed and leaves collected perhaps every three years. The developer has agreed to mark the boundaries. Discussions are being held as to whether it would be corner stones or an insignificant fence. MOTION by Strachan, second by Cordes adopting RESOLUTION R114-01 agreeing to accept an abandoned cemetery from the First United Presbyterian Church contingent on county action. APIF, MOTION CARRIED. b) November 2001 Financial Report - Finance Council received the budget to actual review for November. Revenues for licenses and permits exceeded what was expected. The expenditures are running under budget. The general fund is well under it's required budgetary amount. c) Consider Resolution - Riverbend Preliminary Plat - Community Development Newland Communities proposes to plat 140 single-family lots on 107.23 acres in the Riverbend Preliminary Plat. The proposed subdivision is located west of Dakota County Estates and north of the proposed Meadow Creek development in the northeast comer of the City. A total of five outlots make up the remainder of the plat. Outlots A, B, and C consist of storm water management ponds, Outlot D consists of the neighborhood park, wetlands, and flood plain, and Outlot E is preserved for the east-west corridor right-of-way. Lot sizes will range from 10,000 to 26,566 square feet. Two housing types are proposed including 89 split entry lots and 51 split entry walkout lots. The property is marketed toward housing in the $170,000 - $200,000 price range. Grading and utility installation is proposed to occur in 2002 with housing construction to begin in late 2002 or early 2003 with final build-out in 2005. Approximately 80% of the lots will be provided with amenities such as a park, pond or wetland adjacent to the lots. The developer revised the schematic PUD to 272 single-family units from the original 168 single family lots and 94-201 multi-family units to cut down on the amount of traffic. There is also a 75 foot right-of-way for a future east/west corridor. If the east/west corridor does not go through, the lots along this area will be that much deeper. Four accesses are proposed from the Riverbend project including two accesses to the west through Dakota County Estates at Upper 1820d Street and Upper 183rd Street. Three accesses are proposed to the south through the proposed Meadow Creek subdivision. The access to the north is currently under review by Dakota County for a connection with a proposed east/west corridor. The proposed east- west corridor has been identified by Dakota County to connect between Pilot Knob Road and Trunk Highway 3. Council Minutes (Regular) December 17,2001 Page 6 Floodplain takes up most of the eastern half of the property. No final platting of lots will be allowed in areas currently identified within the floodplain until the Letter of Map Revision is approved by FEMA. The Developer currently shows a trail connection with Meadow Creek in the south central portion of the Riverbend plan along with a sidewalk on the east side of the north/south collector street. The City of Lakeville has suggested that a trail connection with Riverbend be established with a proposed trail in Lakeville. Councilmember Verch asked what the possibility is of installing cement sidewalks in the existing Dakota County Estates? Planning Coordinator Smick stated the residents petition if they want sidewalks, then they are assessed for the sidewalk. Residents of Dakota County Estates would have to initiate the request. Councilmember Cordes asked if the northeast comer is developable? Planning Coordinator Smick replied that is part of the Seed/Genstar property. Mayor Ristow stated regarding the two cul-de-sac streets to the north, will there be a barrier or cul-de-sac? When traffic gets to the end of the street, is there some type of turnaround there? City Engineer Mann stated in the past the City has installed temporary cul-de-sacs. The street can be signed that it is a dead end, and there will be a barrier with signs stating a potential through street. This can be reviewed in the construction plans. Councilmember Verch asked if a temporary road could be installed for construction traffic. Planning Coordinator Smick stated Lakeville is not amenable to that. Councilmember Verch asked if one road would be designated for construction traffic? Mr. Steve Juetten, developer, stated one road can be designated for construction traffic, probably from the stop light at Pilot Knob Road. Councilmember Verch stated he would like to see speed humps on that road as there is a park there and the traffic is bad enough already. The speed humps should be paid for by the developer or the City and not assessed to the residents. Councilmember Strachan stated the letters from Lakeville are specific about having no intention going past Pilot Knob Road with an east/west corridor. For Lakeville there is no upside to go through the process. He is not confident that 17Sth Street will go through. Councilmember Strachan would feel more comfortable with something in writing from Dakota County stating they are committed to one mile spacing for east/west corridors. Planning Coordinator Smick stated Dakota County will be actively looking at east/west corridors through Lakeville, Farmington, and Empire. Attorney Brokl stated that could not be a contingency and the City should not expect a binding letter from the County. Council Minutes (Regular) December 17, 2001 Page 7 MOTION by Soderberg, second by Cordes adopting RESOLUTION R115-01 approving the Riverbend Preliminary Plat contingent on the approval of construction plans for grading, storm water and utilities by the Engineering Division. Mr. Pat Hansen, 507 Upper 1820d Street, stated all this traffic will go by his house. A 38 foot wide street will go into a 32 foot wide street. Traffic will use only 2 exits. There are 2 bus loads of children. There is too much traffic to cross the street to the park. He has no problem with the development. It would be fine if there were decent roads going in and out. The streets cannot handle 500 more cars a day. It was suggested to put in sidewalks, the lots are not very big now. Some people have boats and campers they cannot get to their back lawns. In the winter they park on the front lawns. He does.not want the plat approved without a road developed to the north. City Engineer Mann stated on a 32 foot wide street, the plans include 8 feet for parking. If there are two cars parked directly across from each other there is 16- 20 feet left for cars to pass. The standard width for a neighborhood road is 32 feet. Parking is allowed on both sides. The wider the street, the faster the traffic will go. Councilmember Verch asked if it could be postponed until discussions are held with the County regarding an east/west corridor to the north. Councilmember Cordes stated the road system is there. It is not perfect, but the roads can handle the traffic. Council cannot come up with any findings of fact to deny it. Mr. Hansen asked if 1820d Street has weight or noise restrictions? City Engineer Mann replied most roadways are not posted. When limits are on, the City requests construction traffic use the shortest route. Significant deterioration of roads has not been seen in recent developments. Voting for: Ristow, Cordes, Soderberg, Strachan. Voting against: Verch. MOTION CARRIED. d) Consider Resolution - Approving Meadow Creek 1st Addition Development Contract Addendum - Engineering The trunk sanitary sewer pipeline that was installed as part of the Prairie Creek 4th Addition could have been installed 5 feet deeper than it was. The sewer pipeline is not deep enough to service future phases of the Meadow Creek Development in accordance with City standards. The Developer has been aware from the outset of the project that either the site would need to be raised or the sewer line would need to be lowered. Another option that may be viable in the third and subsequent additions is the possibility of service from the proposed Riverbend development from the north. Council Minutes (Regular) December 17,2001 Page 8 The addendum to the development contract for Meadow Creek is required prior to City approval of the grading plan, to clarify future requirements of the Meadow Creek Development. The addendum covers the following: The Developer agrees to construct all future sanitary sewer to City standards; The Developer agrees to lower the existing trunk sewer pipeline at the Developer's sole cost and/or obtain sanitary sewer service from the development to the north (Riverbend), at the Developer's sole cost, to serve future phases of Meadow Creek; and The Developer agrees that the City can hold surety from the first addition letter of credit to cover the lowering of the existing sanitary sewer pipe. The developer has agreed with the above points. MOTION by Verch, second by Cordes adopting RESOLUTION R116-01 approving the addendum to the Meadow Creek First Development Contract. APIF, MOTION CARRIED. e) Akin Road Study Issues - Engineering There are three issues that have been raised regarding Akin Road that have been reviewed by the traffic engineer. The first issue was the placement of trail crossings across Akin Road. Crossings should be located where there are trails on both sides of the road. At the intersection of CSAH 50, there is a signal to cross all legs of the intersection. No additional controls are needed there. Along 193rd Street, there is a trail on the south side of the street on both sides of Akin Road. A crosswalk and trail crossing signs could be installed, however, it has been the City's practice not to install crosswalks on a higher speed collector roadway without stop control at the intersection. At 203rd Street, there is a trail on the east side of Akin and a sidewalk on the west side, south of 203rd Street. A crosswalk and trail crossing signs could be installed, however the City's practice is to not install crosswalks on a higher speed roadway without stop control at the intersection. When a trail is installed along the north side of 195th Street, west of Akin, a crossing will be installed to connect to the trail on the east side of Akin. There is an all-way stop control at this intersection. The second issue is school speed zones. At Akin Road and 208th Street on the day of field observations, there were 3-5 cyclists and one school age pedestrian observed in total, before and after school. At Akin Road and 195th Street, no cyclists or school age pedestrians were observed. Based on these findings, the traffic engineer determined that there is no need for a school speed zone on Akin Road. The third issue is urban district designation. There is one area along Akin Road that meets the Urban District definition. This area is on the west side of the roadway and begins at Dunbar Avenue and extends southerly for a distance of approximately 2200 feet. MnDOT has indicated that the speed limit on Akin Road should be set at 50 mph. The traffic engineer does not recommend establishing a 30 mph zone, of such short length, between 50 mph speed zones. Council Minutes (Regular) December 17,2001 Page 9 Councilmember Strachan agreed that crosswalks should not be installed where there is no traffic control. The difference between 50 mph and 45 mph is big. 45 mph would be a huge improvement. He has noticed the speeds on the curve have been reduced because of the stop sign at 195th Street. If the City told the State that crosswalks would not be installed and there is an urban district, would the State make it 45 mph? City Engineer Mann replied it is always beneficial to ask. There is a speed limit at which there is a fewer amount of accidents. Another speed study will be done next year after Akin Road is complete. It is possible the State would entertain 45 mph with the addition of the stop signs and the urban district. Councilmember Soderberg stated only the residents that fronted Akin Road were considered, is that standard practice? City Engineer Mann replied that is his understanding. The big issue with the urban district is the driveways and the traffic coming in and out. If that area is designated as an urban district with 30 mph, perhaps the state would say then it makes more sense to have the rest of the road at 45 mph. Councilmember Cordes asked if Council can say we want the road to be 40 mph and if we do what are the ramifications? Attorney Brokl replied under the statute, anything that backs up to the street does not count for an urban designation. Council could designate that section at 30 mph, the rest of the road is outside the City's jurisdiction. The MnDOT criteria would have to be met. Councilmember Cordes stated there are other towns that have speed zones that do not make sense and if we did it, how much trouble do we get into? Mayor Ristow stated regarding Hwy 3, that is 45 mph, can that be compared to Akin Road? Attorney Brokl replied it would have to do with the nature of the property surrounding it. Speed zones would have been set by MnDOT or some speed zones have been historically set and have been grandfathered in. Councilmember Strachan asked if it is a good idea for us to ask for 45 mph? Councilmember Soderberg stated he would settle for 45 mph, but would like to see 40 mph. City Engineer Mann stated he will talk with MnDOT. Councilmember Strachan left the meeting at 9:45 p.m. Councilmember Soderberg, stated with regard to crosswalks there were a couple places designated for crosswalks, 193rd, 195th, and 203rd Street. Those intersections don't meet traffic warrants, but wouldn't the need for a crosswalk there be a justification for a stop sign? City Engineer Mann replied that is typically not part of the warrant. Unless there is a stop sign in the past, a crosswalk is not installed. There is a warrant that has to do with pedestrians. In those areas the warrant is not met for the volume of pedestrians. Councilmember Soderberg stated the pedestrians probably don't cross there, because there isn't a crosswalk. Council Minutes (Regular) December 17,2001 Page 10 Councilmember Verch stated the study was done October 31 and November 1. It is dark at 6:30 in the morning. He thinks the study should have been done in April when it is light outside. He would like to see it redone the end of April. Council agreed to ask the State to designate Akin Road at 40 mph. 11. UNFINISHED BUSINESS a) Consider Resolution - Middle Creek Estates Preliminary Plat - Community Development This item was continued from the November 19,2001 Council Meeting. There were five concerns Council wanted to see resolved between staff and the developer. 1. Completion ofa tree inventory/survey of the area from house pad to house pad. The developer did complete a survey and staff has discussed with the developer to preserve a few trees in the area and staff will continue to work with the developer to preserve as many trees as possible. 2. Continued discussion and investigation of both the length and width of the proposed cul-de-sac. The developer is proposing a 1,410 foot cul-de-sac, which exceeds the 500 foot maximum by 910 feet. The proposed roadway width is 30 feet back-of-curb to back-of-curb or 28 feet face-of-curb to face-of-curb. There were concerns from the Fire Department regarding the width and length of the road. The developer has agreed to widen the road to 32 feet. The landscaped island at the end of the cul-de-sac is proposed to remain. Staff did conduct maneuvers on one of the 28 foot wide roads in Middle Creek and there were no problems with any apparatus turning around. 3. Identification and protection of the abandoned Presbyterian Church cemetery. Staff is recommending the developer be responsible for half the cost of developing a fence for identifying the boundaries of the cemetery. Staff will review fence options with the HPC and Parks and Recreation department. The developer will still be fully responsible for identification and placement of the property comer pins. 4. Mike Haley driveway relocation. Mr. Haley has submitted a statement in writing agreeing to the lot boundary adjustment and relocation of his driveway from Akin Road to the proposed cul-de-sac road. The existing drive will be removed and the yard landscaped. 5. Wetland Conservation Act Permit application. A wetland impact permit was sent out for review and the Wetland Conservation Act Technical Evaluation Panel did meet on-site in October to discuss the wetland mitigation and banking site. The WCA TEP did determine that the site was viable for wetland replacement but that a landscape plan needed to be submitted and approved by the WCA TEP. Councilmember Verch stated he talked with the Fire Chief, who called the Fire Marshal regarding the center island. They would like to see the island removed. Council Minutes (Regular) December 17,2001 Page 11 Associate Planner Schultz stated the driver of the truck did not have any problems maneuvering around the island. Planning Coordinator Smick stated she was on site when the fire trucks took the turn and the driver had no problems. However, if the Fire Chief wants the island removed, she has talked with the developer and it is no problem to remove it. Councilmember Verch asked if the cul-de-sac will be 100 feet? Planning Coordinator Smick stated that is City policy. Mayor Ristow stated there were other issues such as the fence for the cemetery and assessments. Associate Planner Schultz replied the developer will be responsible for half the cost of the fence and also identifying the boundaries. The type of fence will be determined by the HPC and Parks and Recreation. Mayor Ristow would like Council to have final approval of the type of material used to mark the boundaries of the cemetery. Mayor Ristow then asked about the assessments. There were assessments done on Akin Road or CSAH 31 for 1/2 mile each way. Which road will these properties be assessed for? City Engineer Mann replied these properties will be included in the Akin Road project. Mayor Ristow then asked about the assessment for the sewer and water line. Finance Director Roland stated the deferred assessment affected Pine Knoll. Mayor Ristow stated it did not. Everyone was assessed from 208th Street north. Finance Director Roland stated if that is the case, it is not reflected in the assessment role. The Pine Knoll assessments for sewer and water were part of the 1994 project. There were assessments for the project and reduced assessments. Mayor Ristow asked where the sewer and water will hook up to? City Engineer Mann replied they will hook up to Akin Road. This development will be paying into the trunk fund and the developer will build his own lateral sanitary sewer. Mayor Ristow stated he wanted to make sure the developer would be paying the same as anyone else. The Middle Creek Estates Preliminary Plat is contingent upon the following: 1. A Conservation Easement be filed with Dakota County for Outlot B protecting the vegetation along the rear sides of the lots adjacent to the DNR Protect wetland; 2. The developer continue working with City staff concerning the tree inventory to maximize the preservation of trees within the construction area of the development; 3. The road width be modified from 28 feet to 32 feet face-of-curb to face- of-curb and the cul-de-sac center island be removed; 4. The Developer will share half of the costs for construction materials and installation in identification of the cemetery property to be determined by the Heritage Preservation Committee and Parks and Recreation Department and approved by the Council. MOTION by Soderberg, second by Verch approving the Middle Creek Preliminary Plat with the above contingencies. APIF, MOTION CARRIED. Council Minutes (Regular) December 17,2001 Page 12 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Verch: Received a couple comments from residents wanting to know why Spruce Street has a big bump by the railroad tracks. City Engineer Mann replied they are working on that to correct it. Mayor Ristow: Thanked Police Chief Siebenaler for doing a good job organizing Toys for Town. Mayor Ristow, Councilmember Strachan, and Planning Coordinator Smick attended a meeting at the school to hear students' requests for a teen center. 14. ADJOURN MOTION by Cordes, second by Verch to adjourn at 10:17 p.m. APIF, MOTION CARRIED. Respectfully submitted, /? ...,Lp,7.. ??'7~ ~.~/L-?e<'-- Cynthia Muller Executive Assistant