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I2egudar City C®uncil Meeting 1Vlonday, January 14, 2005 Page 12 Councilmember Ihlan opined that the Council shouldn't exercise eminent domain, as there was no public purpose behind the request; and questioned the City Coun- cil's authority to condemn, under current state law. Mayor Klausing clarified the requested action. Mr. Jossart advised that the proposed resolution was couched in the City's abili- ties as confined to current law. Mr. Martin addressed past action of the City Council in declaring the area to be blighted and in need of redevelopment, and opined that this accounted fora spe- cific public purpose. Mr. Martin noted that, in relationship to the market interest in the property, as a condition of the Purchase Agreement, the transaction won't happen without the ability to protect the small property owner. Mr. Martin opined that there were a lot of steps to be completed before arry condemnation proceed- ings would be commenced. Councilmember Pust expressed concerns with the proposed language of rile dra'ii resolution, opining that the intent was not obvious to a citizen; and noted that the current eminent domain statute had changed the definition of blight, and ques- tioned if this property would still meet that definition. Mr. Jossart advised that, while he had not done a specific analysis, it was his firni's belief that this process would fall under the old statute, since the Tax In- crement Financing District had been created under those provisions. Mayor Klausing spoke in support of the proposed resolution, following further clarification of the language and appropriate application of state statute. Mayor Klausing opined that his consideration was due to the desperate need to redevelop the area, and further opining that it would be a shame to let this opportunity slip away if there was a solution. Councilmember Ihlan reiterated her opposition in using eminent domain for the purpose of facilitating economic development; and the need to determine the City's eminent domain policy. Councilmember Roe opined that, generally he was much less concerned about eminent domain use when the actual property owner was asking for it; however, expressed new concerns about new state law and whether the City was meeting those requirements. Councilmember Roe sought written recomnnendation from the City's legal counsel for further clarification, specifically related to point #3 of the resolution, and whether "will" was too strong of a word in that context.