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Regular City Council Minutes — 6/02/03 DRAF ` Minutes - Page 8 to respond to his willingness to use eminent domain, not knowing what project would be accomplished. Mayor Kysylyczyn attempted to clarify the request of the developer as to whether the City Council would, if the project met those legal and public purpose tests as outlined by Mr. Casserly, consider using eminent domain in a contested situation, and sought a negative or positive response from each Councilmember. Mayor Kysylyczyn supported the use of eminent domain provided it met the paints discussed previously. Councilmember Maschka, in theory, supported eminent domain as a last resort; and recommended flexibility in the Comprehensive Plan to accommodate market conditions and economic times, which at this point, would dictate the type of development proposed. Councilmember Schroeder expressed reluctance to use eminent domain; and opined there would need to be substantial reasons for him doing so. Councilmember Klausing opined that he didn't have a philosophical issue in using eminent domain, but wanted it to be used only in the confines of the City's Comprehensive Phan, and was not leaning toward supporting eminent domain for acquisition of properties to be developed in the developer's Concept Plan as presented, speaking against "big box retail." Mayor Kysylyczyn advised, for public understanding, that the Concept Plan presented tonight has received numerous revisions, and continued to change and fluctuate. Mayor Kysylyczyn asked Councilmember Maschka to further elaborate on his commends regarding economics and market conditions. Councilmember Maschka reviewed today's economic :forecast; movement of market -driven needs for large offices to today's preference for mixed housing and retail;