1. Call to Order. The special meeting of the Council of the City of Rogers was called to order by Mayor Bunting at 4:10 p.m. on Thursday, January 17, 2013 at the Rogers City Hall, 22350 S. Diamond Lake Road, Rogers, MN, 55374.

Council present: Jay Bunting, Don Hall, Rick Ihli, and Maureen Stanley.
Council excused: Darren Jakel.

Staff present: Jeff Carson, City Attorney; Stacy Doboszenski, Assistant City Administrator; John Seifert, Public Works Supt.; Steve Stahmer, City Administrator, and Bret Weiss, City Engineer.

2. Approve Agenda
The agenda was set as submitted.

3. Approval of Development Agreement with Kinghorn/Clam Corp. (Materials to be distributed at meeting)
Attorney Carson stated staff and the developer have had a short time to review the proposed Developer's Agreement before the Council and have negotiated the following changes to the document:
• Page 3, item 5 (b) Parties agreed to remove the last sentence.
• Page 4, item 2 (i) Parties agreed it would be fair to compensate the developer for one-half of the pad area once the exact square footage is identified for a credit not to exceed $10,000.
• Exhibit B, item II G (5) Developer has stated he has received bids of $20,000 for the work identified. Staff is recommending the City Engineer and Public Works Supt. review and approve the bid received prior to reducing the amount from $37,000 to $20,000.

Engineer Weiss then addressed the Council and provided background on the necessary utility improvements needed to service the development. Weiss stated an area wide lift station is estimated at $700,000; $300,000 of which has been identified as a City project. The project would serve 200 acres and a $2,000 per acre trunk charge to the benefitting properties which covers the remaining $400,000 project cost. Kinghorn has agreed to pay his portion as an assessment per the Developer's Agreement.

Weiss also discussed extending a force main across the north property line toward Cabela's. This is setting the development up for the future. By putting the force main across the north property line, essentially agreeing that is the area for a future roadway receiving 50 feet of right-of-way from Kinghorn and needing an additional 50 feet of right-of-way from the Henry property.

Hall questioned how many feet will need to be extended across the Vevea property.

Weiss stated 2000 feet with lateral line up against the freeway if property owners agree. It can always go an alternate route.

Seifert stated there is 100 feet of right-of-way along the freeway.

Stanley questioned how the development will impact the woods. Staff stated an EAW will be done on the entire development including Clam's site.

Stahmer stated he realizes the Council is just receiving all the information. The Developer's Agreement primarily deals with fees and financial guarantees. There is a significant City undertaking with the sanitary sewer project. Stahmer stated he believes staff has worked out a good agreement with the assessable portion of the project. Stahmer stated the project will likely be funded internally through the sewer trunk fund, as it may be too small to bond for economically.

Bunting stated this project really opens up the nicest area of town left for commercial/industrial development and it opens up the Vevea and Henry properties as well.

Hall moved, Ihli seconded a motion to approve the Developer's Agreement as amended by Attorney Carson. Motion carried 4-0.

Grady Kinghorn thanked Council and staff for their work and appreciates everything done.

Mayor and Council also thanked staff.

4. Adjourn
Ihli moved, Hall seconded a motion to adjourn at 4:30 p.m. Motion carried 4-0.

Respectfully submitted,
Stacy Doboszenski
Assistant City Administrator/Clerk

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