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<br />City Council Regular Meeting - 12/19/05 <br />DRAFT Minutes - Page 21 <br /> <br />real estate owners who had a clear understanding of the system, <br />and additional negotiating powers available during the eminent <br />domain process. <br /> <br />Mr. Krass, as the City's legal representative in this matter, <br />provided assurances that the redeveloper had made reasonable <br />efforts, as defined in the Contract for Private Redevelopment the <br />City and the redeveloper to acquire the four parcels; and it was <br />now time for the City Council to consider a resolution <br />authorizing the acquisition of those four parcels by use of <br />eminent domain. Mr. Krass noted historical evidence that once a <br />resolution authorizing the use of eminent domain was passed, <br />many property owners became serious in their negotiations. Mr. <br />Krass further noted, from their experience, that it was quite <br />common in a project of the Twin Lakes magnitude and with <br />sophisticated property owners to have some of those owners wait <br />as long as possible to resolve financial issues. <br /> <br />Mr. Krass advised that his firm was recommending Council <br />adoption of the resolution authorizing eminent domain for the <br />identified parcels; noting that the timing at the end of the year <br />was fitting as the same Council that had worked through the <br />development process to-date should make this decision as well. <br /> <br />Discussion included the eminent domain process itself and <br />potential filing of a petition for condemnation, court date and the <br />make up of the commissioners. <br /> <br />Councilmember Ihlan questioned why another public hearing <br />had not been scheduled for public comment prior to the City <br />Council being asked to pursue eminent domain. <br /> <br />Mayor Klausing assured Councilmember Ihlan that public <br />comment had been heard, substantial media coverage had been <br />provided, and that the public would continue to be heard, but that <br />the City Council needed to make a decision at this point. <br /> <br />Councilmember Ihlan reiterated her, concern that there was not <br />an additional opportunity for a public hearing given that eminent <br />domain was such a controversial decision. Councilmember Ihlan <br />opined that this was probably the most awesome power the City <br />