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City Council Study Session — 07/18/OS DRAFT Minutes - Page 21 Councilmember Ihlan sought requirements that the City insist on further remediation and proof of environmental testing and clean-up efforts verification above and beyond that required by the Minnesota Pollution Control Agency (MPCA). City Manager Beets explained his reaction to Councilmember Ihlan's allegations that the City Council had not been informed about the benzene in the Twin Lakes area; noting that staffs report noted that in 1994 benzene was found as part of the Arthur Street clean up, was very much made known and discussed by the City Council, and wouldn't have been found and remediated without that redevelopment project happening. City Attorney Anderson noted that, for the maj ority of the Twin Lakes Redevelopment area, as per state statutes and rules and specific provisions thereunder, there are prohibitions for a municipality requiring standards above and beyond those of the MPCA as a state regulatory agency. Mr. Anderson further noted that the City would not be able to require fu�tk�e�' action after the developer had entered into an action plan with the MPCA, but that control would be given over to the state as a legislative standard, not individual municipalities. Mr. Anderson offered to further review municipal authority beyond that of a state agency, at the direction of the City Council. Councilmember Ihlan requested that City Attorney Anderson provide her with additional information and research related to her queries. 8. Preliminary Discussion of a Roseville Eminent Domain Eminent Domain Ordinance Ordinance Councilmember Ihlan provided a memo dated July 13, 2005 requesting a preliminary public policy discussion of a proposal that Roseville adopt its own ordinance governing eminent domain (ED), following the recent United States Supreme Court decision in Kelo v. New London. Councilmember Ihlan quoted portions of Justice Sandra Day O'Connor's dissenting opinion. Councilmember Ihlan's memo provided some possible options the Council could consider.