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Regular City Council Minutes — 6/02/03 <br />DRAFT Minutes - Page 7 <br />Attorney Jay Squires regarding the Council's prudence in <br />commenting or giving consideration to eminent domain <br />discussion given the recent City of Richfield vs. Best Buy <br />litigation. <br />City Attorney Squires advised caution by the Council in <br />their deliberation of redevelopment concerns, and <br />referenced Section 2.4 entitled, "Land Control/Use of <br />Eminent Domain," in the staff report dated June 2, 2403. <br />Further discussion ensued regarding friendly or non- <br />friendly eminent domain proceedings; with the City's <br />Financial Consultant Jim Casserly and City Attorney <br />Squires providing comment. <br />Councilmember Maschka expressed disappointment with <br />recent written comment he had received that landowners <br />perceived that eminent domain was being used by the <br />City as a lever; opining that most of the properties were <br />available on the open market. <br />Mr. Casserly, as the City's and Housing and <br />Redevelopment Authority (HRA) Attorney, discussed the <br />development authority of the City and the HRA; stating <br />that eminent domain was used only as a last resort in <br />assembling land for development or redevelopment for <br />public purpose. Mx. Casserly outlined that this is a City <br />project, to facilitate Roseville Properties, in achieving the <br />City's Master Plan program goals over amulti -year <br />process; and only if it were necessary, would the City <br />consider it's authority to use eminent domain; that it <br />certainly wasn't a preferred choice considered by the <br />City. <br />Further discussion ensued regarding the use eminent <br />domain to facilitate parcel assembly for abong -term <br />development project. <br />Councilmember Klausing opined that the determining <br />factor for him would be whether the project is consistent <br />with a carefully laid out long -term plan; and was hesitant <br />