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CC Meeting Minutes Page two November 9, 1988 recommendation of the City Engineer in his November 9, 1988 letter to the City, the City will accept the streets, storm sewers, and collector sewers constructed as part of the approved Center Oaks II project plans and specifications; contingent upon receipt of a 20% maintenance bond as required in Ordinance #8, evidence that the developer has made payment to his contractors, and upon receipt of $4,000 in escrows requested from the developer to cover costs incurred by the City regarding Center Oaks II, motion carried unanimously. A copy of the November 9, 1988 letter from the City Engineer regarding the acceptance of improvements for Center Oaks II is on file with the City Clerk. John Stewart, City Engineer, advised that the pumps at Lift Station #3 are being replaced. Council member Wilharber noted that due to a fence around a property line, which interfered with the grading of the pond, one side of the pond has not been graded properly. Jeff Will, 1933 Center Street, asked questions of the project. Will advised the Council that scrap wood and debris is buried under the soil of the Commercial properties on Center Oaks II. He was concerned that this may contaminate private wells. Will also noted that he is not sure if the trees planted in Center Oaks II will live. He noted that the tree in front of his home did not have a root ball when planted and that the summer seemed to be very hard on the trees. City Clerk will look into the fill under the commercial properties on Center Oaks II and will contact the City Attorney to see if the developer has an obligation to replace the trees as no provision was in that developers contract or City ordinance at the time. Motion by Burgstahler, second by Neumann that per the recommendation of the City Engineer in his November 9, 1988 letter to the City Council, the City accepts I 700 linear feet of Brian Drive and Brian Way including streets, water and storm sewer utilities as constructed in accordance with the plans and specifications approved for the Hardwood Pond Estates development; contingent upon sewer line mandrel testing, removal of the power pole at the intersection of CSAH 14 and Brian Way, and curb sweeping, and upon evidence from the developer that he has made payment to his contractors, motion carried unanimously. A copy of the November 9, 1988 letter from the City Engineer regarding acceptance of improvements for Hardwood Pond Estates is on file with the City Clerk. Motion by Burgstahler, second by Neumann to adopt Resolution #88-