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I I I Council Meeting Minutes September 22, 1987 With regard to the bog, Proper noted the residents determined eight hours of labor would cost $1,000; if it does not seem to be working, the effort would cease. If it appears to be working, they would continue to spend the $2,000 to see what can be accom- plished. Proper indicated the proposed resolution, based asks to continue the project from November 1987 and to authorize a special tax levy of $3,234.38 cial taxing district. on the majority, to November 1988 against the spe- Tom Heckathorne, 1858 - 26th Avenue NW, stated he considers the bog removal to be experimental and non-businesslike because the backhoe operator is a friend of one of the residents and there is no protection if something goes wrong; was informed that the ma- jority rules because there is no Lake Association; and he has no desire to spend the funds until he sees other alternatives. Benke asked if Proper would administrate the $2,000 expense for the backhoe; Proper indicated he would. Benke asked about standard liability and bonding requirements; Proper indicated through the quote process the vendor would need to be bonded and insured. With regard to the question of the absence of a homeowners associ- ation, Benke recalled this matter is on the agenda because several years ago council agreed to administer this project on behalf of the residents and, in that process, those residents agreed to the creation of a special assessment district; and explained it is that authority the council uses to levy the assessment. Allen Cox, 1842 - 26th Avenue NW, challenged the bog removal as- sessment for a $2,000 experiment, not because he thinks it is a bad idea, but because he believes it extends beyond the original intent; he understands Clean Flo became involved in the narrowly defined project to clean up the pond and hopefully to get rid of the bog which did not happen. Cox believes the $2,000 assessment would set a precedent as there is no charter setting up proce- dures, by-laws, or decision-making rules (agreement of 13 should not impose levy on all 24 residents). Benke asked how Cox would propose to pay for it; Cox responded the amount could be equally between the residents that wanted it. As an extreme example, Cox continued that in the five years from now 13 residents may decide they would like the lake totally drained, it would happen and he could not be guaranteed it would not happen; Benke stated the neighbors do not levy the taxes on the properties, the council does if it agrees with the majority. Benke believes we need to have more discussion as to recalling whether or not this was part of the initial discussion because it has always been a concern; not sure why a neighborhood association has never been formed; if the creation a formal process is pro- Page 14