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City Council Regular Meeting — 08/22/OS <br />DRAFT Minutes - Page 18 <br />���� <br />Kough moved, Klausing seconded, approval of a minor <br />subdivision (a three parcel Minor Subdivision, as per City Code, <br />Section 1004.04E, creating one new parcel ("B"} with a parcel <br />size of 11,608 square feet; thereby reducing the size of existing <br />Parcel "A" to 15,514 square feet, for property located at 1822 <br />Dale Court; based on findings in Section 5 and subject to <br />conditions of Section 6 of the project report dated August 22, <br />2005; including an additional condition: that a permit shall be <br />required for any fence, regardless of height; and staff is to review <br />landscape plans at the time of building permit issue. <br />Roll Call [8.2] <br />Ayes: Kough; Maschka and Klausing. <br />Nays: Ihlan and Schroeder. <br />7. Hear a Presentation about Possible Eminent Domain <br />Ordinances <br />Councilmember Ihlan introduced Professor David Schultz of <br />Hamline University to provide possible alternatives for a local <br />eminent domain ordinance following the recent Supreme Court <br />affirmation of local government use of eminent domain for <br />purposes of economic development. <br />David Schultz, Professor at �arna�x�e University Graduate <br />School of Public Administration and Management <br />Professor Schultz provided a Bench Handout regarding the Kelo <br />v. City of New London Supreme Court case and reviewed the <br />Court's rationale in their decision; the significance of Kelo and <br />public reaction to Kelo; as well as options available for the City <br />Council's consideration. <br />Discussion included validity of taking for public use, with just <br />compensation; impact statements related to burden and benefit; <br />discretion available to the City Council to be more restrictive or <br />protective of private property than State Statute would dictate; <br />appropriate public use in the community; and a mechanism to <br />establish policy for the current City Council an.d/or future <br />Councils; whether current laws protected the public from abuses; <br />and whether the Council could adopt an ordinance requiring a <br />415 vote to use eminent domain, with City Attorney Anderson <br />Possible Eminen� <br />Domain <br />Ordinances <br />