Laserfiche WebLink
MEMORANDUM <br />TO: MEMBERS OF THE ROSEVII,LE CITY COUNCIL <br />FROM: AMY IHLAN <br />SUBJECT: PROPOSED POLICIES ON USE OF EMINENT DOMAIN <br />DATE: NOVEMBER 22,2005 <br />Since it appears that the council will push ahead to vote on the use of eminent domain in the <br />Twin Lalces development very soon, I would lilce to propose the following policies to be <br />incorporated in a city ordinance governing the council's use � eminent domain for <br />develo�xneni/redeve�oprnent. These could be adopted individually, or in combination. <br />Proposal #1 <br />Eminent domain shall not be used for private commercial development or redevelopment. <br />Pro�osal #2 <br />Eminent domain shall not be used for retail developments including stand-alone stores of <br />50,000 square feet or more, or for "shopping centers" as defined in city zoning code. <br />Proposal #� <br />1. Eminent domain shall not be used for private commercial development or <br />redevelopment, unless: <br />a. the project creates living wage jobs for all worlcers (as defined by a minimum <br />income � 130 per cent � the federal poverty guidelines for a family of 4); or <br />b. at least 30%� the proposed project area consists of new public facilities <br />(including community centers or other public buildings, dedicated parlcs or open <br />space conservationareas);and <br />c. independent economic, fiscal, and environmentalimpact studies show that the <br />public benefitsfrom the project ouf:weigh public costs. <br />2. Eminent domain shall not be used for housing development or redevelopmentunless: <br />a. the project includes at least 50%affordable housing; or <br />b. at least 30%of the proposed project area consists of new public facilities <br />(including community centers or other public buildings, dedicated parlcs or open <br />space conservationareas), and the projectincludes at leastl0%affordable <br />housing. <br />3. The removal � blight or clean-up of environmentalpollution shall not be sufficient to <br />establish a public use or purpose justifying use � eminent domain for development c�x <br />redevelopment. <br />4. If property talcen by eminent domain is not used for the purpose for which it was <br />condemned, the property shall be returned to its former owners. <br />