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City Council Study Session — 07/19/04 DRAFT Minutes - Page 12 Mr. Miller responded that this was one of the philosophical questions that need to be addressed by the City Council at this time; whether to amend the existing policy, or leave it as is; and what message that sent to the citizens and developers. Councilmember Kough sought clarification from staff regarding TIF' restrictions based on recent legislation and establishment of TIF' districts. Mr. Miller advised that the City had the authority to create TIF' districts, and that while there was a small district located within the Twin Lakes Redevelopment area, it would need to be expanded for the proposed development, once the development team presented their scenario and various development strategies. Councilmember Maschka noted that it was probable that the retail portion of the redevelopment could be accomplished without TIF' assistance, but the entire area, including the residential housing, could not be accomplished without use of TIF for clean up of the area. Councilmember Maschka noted that it was prudent that any misperceptions of who received the TIF were addressed, and in this case, the increments were district-wide. Policy #2 The use ofpublic assistance was addressed along with Policy #1. Policy #3 Mr. Miller reviewed the purpose of Eminent Domain as a tool to allow the City to acquire property from an unwilling seller for an established public purpose, at above-market prices, with relocation costs provided to the seller. Mr. Miller noted that it put the City Council in a difficult situation and staff had cautioned uses in the past. Mr. Miller deferred to the development team to address this issue, opining that Eminent Domain would be required to complete property acquisition for the overall project. Mr. Miller further noted that the City Council would need to