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Mr. Brandes asked if there is any recourse back to the developer. Mr. Swift indicated the developer was Morrison Homes, which is not building in town now. He would look into whether the wall was built appropriately. Mr. Brandes also indicated that at first he was not inclined to do anything on this matter for various reasons, but there is a problem that needs to be corrected because it wasn't done right in the first place. It was moved by Councilmember Brandes, and seconded by Mayor Mercer, to adopt Resolution No. 89-286, approving further study and the eventual construction of a soundwall at a height to attenuate the noise level to City standards. The roll call vote was as follows: AYES: Councilmembers Brandes, Butler, Mohr, Tarver, and Mayor Mercer NOES: None ABSENT: None ABSTAIN: None Item 12d Selection of Name for Small Park on the Northeast Corner of Main Street and Berna] Avenue Ms. Bengtson presented her report (SR 89:290) regarding this item. It was moved by Councilmember Butler, and seconded by Councilmember Mohr, to adopt Resolution No. 89-287, to name the park Civic Park and that it be dedicated to community volunteers. Mayor Mercer and Councilmember Brandes indicated there were too many small parks with names and it was unnecessary to name every piece of grass in town. The roll call vote was as follows: AYES: Councilmembers Butler, Mohr, and Tarver NOES: Councilmember Brandes and Mayor Mercer ABSENT: None ABSTAIN: None Item 12e Modification to Condition of Approval to Tract 5835 (Vintaqe Heiqhts) to Allow Occupancy Prior to Final Acceptance of Tract Improvements Mr. Swift presented his report (SR 89:283) regarding this matter. Mayor Mercer and Councilmember Butler abstained. Mr. Chris Beratlis addressed the Council and indicated he agreed with the staff report and its conditions. Items 3, 4 and 5 of the punch list have been completed and five of the items -18- 6-20-89