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Economic Development Authority Minutes Page 5 Febmarc 13, 2006 ----------------------------------------- ren[ at four percent a year. Commissioner Tveite noted that this is not a short term lease, since Nextel has the option to continue it for 25 yeazs. MOTION BY COMMISSIONER FARBER, SECONDED BY COMMISSIONER GUMPHREY TO AUTHORIZE THE EDA PRESIDENT AND VICE PRESIDENT TO SIGN THE NEXTEL LEASE BASED ON THE FUTURE LEASE APPROVAL BY THE CITY COUNCIL. MOTION CARRIED 7-0. 9~ Update on Developer's Forum Mr. Clazk stated that Developer's Forum has been scheduled for March 29~h, in hopes that the Planning Manager will be hired by that date. He explained that the purpose of the forum is to establish some type of formal communication between the Community Development Department and our end users, whether that be developers, property owners, bankers, lenders..'llso, as recommended by Commissioner Tveite, they will also be discussing opportunities for the Gateway Business Center with the participants. President Gongoll asked if a forum will be scheduled annually. Mr. Clark stated that if the event is deemed successful, he felt it would be good to repeat on an annual basis. President Gongoll asked how the information will be distributed. Mx. Clazk stated that staff will be using various lists and their general knowledge of who is doing work in the community. Mayor Klinzing called the Special Meeting of the City Council to order for the purpose of meeting with the Economic Development Authority. Chair Wllson called the Special Meeting of the Housing and Redevelopment Authority to order for the purpose of hearing the presentation of proposed Eminent Domain legislation. 10. Presentation on Proposed Eminent Domain Legislation Ms. Steinmetz clazified page two of her February 13h staff report regarding the City's past use of eminent domain. The staff report stated that the City had used eminent domain once to acquire property for the east Elk River redevelopment project but that the City has actually used eminent domain several tunes at the request of property owners or for public road easements. She indicated that more detail would be provided in the PowerPoint presentation. Mayor Klinzing noted that the City received a request from a downtown property owner to request that the City "go on record" to state their intent to use eminent domain. She asked if that request was included in the presentation. Ms. Steinmetz stated yes. Ms. Steinmetz explained that the Kelo vs. New London U.S. Supreme Court decision prompted the recent discussion in preparation for the upcoming MN State legislative session. She stated that the decision was a 5-4 split decision in which the U.S. Supreme Court the U.S. Supreme Court held that economic development is a valid "public use" under the Takings Clause of the Fifth Amendment Critics feel that this decision expanded the use of eminent domain throughout the nation, particularly in Minnesota but that the decision did not change eminent domain law. The decision re-affirmed tides' authority to use eminent domain to acquire property for economic development and the acquisition of property had to be a part of a city's well conceived development plan. It also stated that local offidals