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<br />. <br /> <br />City of Centerville <br />February 27, 2002 <br />Council Minutes <br /> <br />... <br /> <br />Council Member Nelson indicated Council had already approved the feasibility study by <br />motion at a previous meeting. <br /> <br />City Attorney Hoeft clarified that Council would not be committing to anything by <br />approving Resolution 02-004 and noted it is merely a housekeeping item previously <br />approved by motion and the 429 process requires approval by resolution. <br /> <br />City Attorney Hoeft suggested Council should approve the feasibility study because the <br />City had paid for it. <br /> <br />Motion by Council Member Nelson. secouded by Council Member Capra to <br />approve Resolutiou 02-004 as presented. Aves - 4. Nays -1 (Swedber!!:). Motion <br />carried. <br /> <br />Motion by Council Member Nelson. seconded by Council Member Capra to <br />approve Resolution 02-005 as presented. <br /> <br />Council Member Travis indicated he had reservations about proceeding with the project <br />because he is concerned that the assessments would be challenged. He then commented <br />that without water the subdivision would still move forward. <br /> <br />Council Member Nelson indicated she would not vote to approve the project without the <br />water. <br /> <br />Mr. Rehbein said he would be curious as to what legal grounds Council could use to stop <br />the development because the development meets all the requirements and he is not asking <br />for a rezoning. <br /> <br />City Attorney Hoeft indicated Mr. Rehbein was correct and noted the project, as far as <br />the recorded plat, is essentially done and needs no further internal approvals. <br /> <br />Council Member Travis asked why the property was being discussed in terms of 10 lots <br />and the assessment being challenged because it is too high for the 10 lots. City Attorney <br />Hoeft clarified that the assessment is a benefit to the total piece of property but said in <br />order to get an idea as to whether the assessment is appropriate the costs were broken <br />down by the 10 lots, as proposed for the development, to determine a per lot cost. <br /> <br />Council Member Broussard Vickers asked if the City has to consider the developer's <br />internal costs when assessing and determining the benefit to the property. <br /> <br />City Attorney Hoeft indicated that the City needs to look at the benefit to the property <br />and looking at the costs of the project gives a guideline to determine total costs for the <br />project. He then noted that providing water to Mr. Rehbein's property provides a benefit <br />to that property. He also noted that part of the consideration is to determine how much it <br /> <br />Page 10 of24 <br />