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• <br />• <br />COUNCIL MINUTES MAY 28, 1996 <br />Mr. Worsher indicated he might have handled this better. <br />Council Member Neal stated that two (2) School Board Members were re-elected. He asked if <br />Mr. Worsher had voted in that election. Mr. Worsher indicated he had not voted in the election. <br />He stated he came before Council this evening to voice his opinion and disappointment. <br />CONTINUATION OF PUBLIC HEARING, IMPROVEMENT OF 12TH <br />AVENUE/HOLLY DRIVE, DAVID AHRENS <br />Mr. Ahrens stated that this is a continuation of the public hearing from May 13, 1996 for the <br />proposed improvements to 12th Avenue and Holly Drive. <br />Mayor Landers opened the public hearing at 7:20 p.m. <br />Mr. Ahrens noted that the development agreement had not yet been finalized. There are issues <br />the developer's attorney wanted clarified. <br />Mr. Hawkins stated that the developer has issues regarding some of the language in the <br />agreement. He recommended the public hearing be closed and then the issues be addressed. <br />When the written agreement is received, Council will be informed and the City will wait 60 days <br />before ordering the improvements. <br />Council Member Lyden felt the public hearing should not be closed because many residents are <br />not aware Council will order the improvements. Mr. Hawkins stated that closing the public <br />hearing does not eliminate public input. Closing the public hearing means that the process will <br />go forward. <br />Council Member Neal asked when the City will collect assessments from the developer if the <br />public hearing is closed and the properties are assessed. Mr. Hawkins stated assessments will be <br />levied this fall for collection and will be a part of next years taxes. <br />Council Member Lyden stated that he expects the developer and the City to have a written and <br />signed agreement before the City closes the public hearing. <br />Council Member Neal asked why the agreement is not signed. Mr. Ahrens explained that the <br />developer has questions regarding the assessment process. <br />Council Member Neal asked if the public hearing will be continued again if the developer does <br />not provide a signed agreement. <br />Mayor Landers noted that the developer is running out of time. <br />Mr. Ken Albright came forward and stated he is present because of a fence issue. Because of the <br />wetlands he is not getting a fence. He stated that dirt is piling up next to his property and water <br />has been dumped on his property. He indicated he had called the City and the City had not taken <br />