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<br />City Council Regular Meeting - 04/10/06 <br />Minutes - Page 20 <br /> <br />ongoing discussions, and were close to approval. <br /> <br />Councilmember Kough questioned why the City had made <br />the request for appraisals; and sought clarification on the <br />status of contaminated soils and responsible parties for clean <br />up. <br /> <br />Mr. Krass responded that the City made the request for <br />appraisals, as the condemning authority, but that the <br />redeveloper would reimburse the City for all condemnation- <br />related expenses; and that the developer continued to seek <br />negotiation with the property owners, with no response on <br />the property owners' part; with monies set aside in escrow <br />until the contamination level of the property was determined. <br /> <br />Councilmember Kough, while supporting the public <br />roadway, noted pending legislation related to Eminent <br />Domain and those requirements; and questioned the impact <br />of Council action as requested on this project. <br /> <br />Mr. Krass advised that his firm was carefully monitoring <br />both the House and Senate versions of the pending <br />legislation; and while both would have sweeping provisions <br />as to how Eminent Domain would be handled in the State of <br />Minnesota, this proj ect would be exempted due to the past <br />process and creation of a Tax Increment Financing District. <br /> <br />Councilmember Pust clarified the process to-date: that in <br />2005, in accordance with a redevelopment contract between <br />the City and the developer, certain responsibilities were <br />agreed to, including use of Eminent Domain as a <br />consideration, and in December of 2005, the City Council <br />voted in favor of authorizing condemnation of five parcels if <br />necessary; and further clarified that tonight's request was not <br />to initiate condemnation, but to approve appraisal amounts <br />and go into an expedited version of condemnation, as <br />consistent with 2005 City contractual obligations. <br />Councilmember Pust opined that, based on Eminent Domain <br />law and the way the legislative process was determined, it <br />would not affect this project, due to where the City was <br />currently at in the process. <br />