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FAIRM o7i EMM I: Extract from City Council Meeting-January 14, 2007 a. Consider Adoption of a Resolution Approving the Consideration of the Use of Eminent Domain for the Request by Opus Northwest, LLC/Dorso Building Company LLP Finance Director Chris Miller introduced representatives of Dorso Building Company LLP, and the City's development legal counsel Krass Monroe; and referenced a I December 12,, 2007 letter from John Martin on behalf of Dorso for Council consideration. Mr. Miller noted that the City was not being asked to take any eminent domain action; but was being asked to express support for such action if certain conditions warranted such action. A revised draft of the resolution was distributed, not specifying a developer. John Paul Martin, Martin Squires Attorneys At Law, 444 Cedar Street, Suite 2050, St. Paul, MN, representing Dorso Building Company, LLP/OPUS, 2814 Cleveland Avenue, Roseville, MN Mr. Martin provided comment on the written request of December 12, 2007, included as part of the Council packet, for their client Dorso Building Company, LLP, owner of ten- plus acres of land in the northwest quadrant of the Twin Lakes development area. Mr. Martin requested Council consideration and adoption of a proposed ordinance restating the past position of the City. As part of the Council packet, Councilmember Ihlan had resubmitted her original written comments and position, dated November 22, 2005, regarding proposed policies on use of eminent domain. Discussion included noting that the property had been, at the consent of Dorso, included in a larger condemnation proceeding during the anticipated Rottlund Development proposal; environmental status of the property, following four (4) studies, showing that this parcel doesn't require any remediation; and the property owner's request for condemnation to achieve more favorable tax implications. Councilmember Pust expressed appreciation to Mr. Martin for his honesty; opining that what was being requested made perfect sense from a business point of view; however, , further opined that as an elected official she was being asked not to comply with federal tax law. Councilmember Pust questioned the public purpose and benefit to the citizens of Roseville; and spoke in opposition to the request as currently presented. Mr. Martin reviewed several sections of the IRS Tax Code regarding timing for reinvestment of proceeds; and implications to his client given the numerous unknowns of the actual development and sale of the property. Mr. Martin opined that, given the history of the redevelopment area and impacts to small business owners, the client's request was not unusual or excessive.