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MEMORANDUM <br />TOIN MEMBERS OF THE ROSEVILLE CITY COUNCIL <br />FROM: AMY MEAN <br />SUBJECT:, PROPOSED POLICIES ON USE OF EMINENT DOMAIN <br />DA'TEI*. NOVEMBER 22, 2005 <br />------------- <br />Since it appears that the council will push ahead to vote on the use of eminent domain m* the <br />10 -1 * 0 <br />Twm' Lakies development very soon, I would like to propose the following poncies to be <br />mclorporated 'in a city ordn'tance go erg the councils. use of eminent dim for <br />development/ redevelopment. These could be adopted individually, or in combination. <br />Proposal #1 <br />Erm"nent domain shall not be usod for private commercial development or redevelopment. <br />rKgRosal #2 <br />Eminent doma n"k snall. not be used for retail developments M'clud* stand-alone stores of <br />M9 <br />5:0,000 square feet or more,, or for "shopping centers" as defined *in city zoning code. <br />Proposal #3 <br />41 <br />1. Eminent domain shall not be used for private co'mmerciai sieve lopment or <br />:redevelopment, unless: <br />a. the project creates living wage jobs for all workers as defined by a rru"nu"num <br />income of 130 per cent of the federal poverty guidelines for a family of 4); or <br />b. at least 30% of the proposed project area consists of new public facilities <br />(includm'g community centers or other public buildings, dedicated parks or open <br />space conservation areas); and <br />IC. independent econorm'c, fiscaL and environmental impact studies show that the <br />public benefits from the project outweigh pubhc costs. <br />,2. Emm"ent domain shall not be used for housing development or redevelopment unless: <br />a. the project 'includes at least 50 % affordable housing; or <br />b. atleast 30% of the proposed project area consists of new public fadht.es <br />('10 nclud mlpg co "ty centers or other public buildings, dedicated parks or open <br />space conservation areas), and the project fficludes at least 10% affordable <br />housing. <br />3. The removal of blight or clean-up of environmental pollution shall not be sufficient to <br />'bl' I 1 0 0 . * e do <br />esta tsh a public use or purpose justitying use of enuffient domain for development or <br />redevelopment.. <br />4 i <br />4. if property taken by enu*nent domain s not used for the purpose for which it was <br />condemned, the property shall be returned to its former owners. <br />