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the Stakeholders' Panel meetings as contrasted with the housing-only option. This is because Roseville Properties already owns or controls most of the land for which it wants to team with Welsh to build retail; to build the housing- only or almost-all-housing option, most ofRoseville Properties' land would have to be acquired, probably through at least the threat if not the reality of eminent domain. If you want to minimize the use of eminent domain, choose the mixed-use plan not the housing-only plan. 3. City Manager's Recommendations: Remember that compromise involves give- and-take; you gain some things you want, you lose others. No one gains or loses everything. In that spirit I recommend a Council motion or motions supporting the use of eminent domain at Twin Lakes subject to the following protections and conditions: a. Eminent domain would be used at Twin Lakes only if good faith negotiations have first been tried, as evidenced by a written purchase offer that isn't merely a low-ball, let's-see-if-they-will-bite kind of offer and then there are back- and-forth discussions and negotiations among the parties. b. Eminent domain would be used only if, after good faith negotiations, the property owner's asking price is still 20% or more above fair market value, as determined by an M.A.I. certified appraisal. c. Eminent domain would be used only to acquire property that is zoned commercial, not residential. d. Eminent domain would be used only where the City Attorney determines that the statutory tests for using eminent domain powers have been satisfied. e. Eminent domain would be used only for specific parcels that the City Council expressly authorizes the City Attorney to file against. Respectfully Submitted, Neal Beets City Manager 12