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LEGION POND HEARING, MARCH 10, 1981 -2- Whittaker - Only if they had signed the petition or agreed in writing to pay the costs, could these non -petitioners be assessed. Bill Peterson- Asked about the petitioners who were released from the original petition. Mayor Eder - said these petitioners were released prior to the City officially daciding=to'commence work:: Russ Cook 2783 Legion - Did not feel any problem was resolved. Dan Collyard - Presented a letter from his attorney to be made a part of this record. Bill Peterson- Asked if there was a petition to sink the test wells. Larry Whittaker- No separate petition was filed for the test wells. Bill Peterson- said the'second petition only asked the City to do the legal paperwork to enable the petitioners to qualify for low interest money. Larry Whittaker- said the original petition requested a solution to the flooding problem on Legion Pond; but that the people on both petitions were assessed. Larry Bohrer.- said there was a petition requesting a City .project to fill the lots, but this was withdrawn. Mrs. Peterson- asked if any of the costs for the withdrawn petition were being assessed to those who did not sign. She said the Administrator told her that the petitioners were being partially assessed for the initiation of the petition -that -was withdrawn. "'Three residents signed this petition, but it appears everyone is being assessed the same. Larry Whittaker. -_said he did not recall making that statement. Larry Bohrer - said that this statement is true. Mrs. Peterson- does not feel there should be any costs for the second petition. She referred to the October 22 minutes that stated $500 to $1,000 had been expended on the second petition, but the Council felt no costs should be assessed to the petitioners because of them removing the fill from the landfill. Larry Whittaker- said credit was given for the fill, and that a reasonable amount has been determined to be assessed, based on Council directives. Al Henning 2921 Legion - said he notified the City that he did not intend to pay for any testing costs. He requested his letter to this effect be entered into the record. Larry Whittaker- said the City received several letters stating a similar position; but it was the Council's position that it would only release those petitioners who asked to withdraw the night the petition was presented. After initiating work and expending money on the project the Council'agremd-petit%oners:cou_ld- not �be released from the petition. Al Henning - said he was unaware he wanted to withdraw from the petition until he received a letter from the City about the test wells. At that time�he sent the letter back stating he would not pay any costs or, assessments for testing. Russ Cook - Asked who authorized the test wells. Larry Bohrer - said the Council did but he secured the quotes. Al Henning - asked about easement costs Larry Whittaker - said an easement was received from Dr. Lundhold to place a test well on his property.