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12-12-11 SCCCITY OF �. OTSEGO ON THE GREAT RIVER ROAD TO: Otsego Mayor and City Council FROM: Lori Johnson, City Administrator DATE: December 7, 2011 RE: Special Meeting 1. Former Godfather's Site: On Friday, staff will be meeting with representatives of the proposed Boondox project on the former Godfather's site. Ron Touchette, representing the building owner will be at the Council meeting. 2. Great River Centre: Attached is a draft agreement from City Attorney Andy MacArthur extending the current Great River Centre development agreement between the City of Otsego and Appello Group, LLC. Todd Plaisted representing Appello Group and Jonathon Dolphin representing 21St Century Bank will be at the Council meeting 3. Website: Mayor Stockamp asked that Council provide input to staff on development of the website. Attached is an article from the last League of Minnesota Cities magazine "5 Tips for a Successful City Website." Attachments: • Draft Great River Centre development agreement extension. • Article from the LMC magazine "5 Tips for a Successful City Website". DRAFT- December 8, 2011 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA AGREEMENT BETWEEN THE CITY OF OTSEGO AND APPELLO GROUP, LLC REGARDING COMPLETION OF PUBLIC IMPROVEMENTS AND PAYMENT OF CITY ASSESMENTS WITHIN GREAT RIVER CENTRE AGREEMENT entered this day of , 2011 between Appello Group, LLC (APPELLO), a Minnesota Limited Liability Company and the City of Otsego (CITY) a municipal corporation under the laws of the State of Minnesota. This Agreement affects real property located in Wright County, Minnesota and described as follows: See Exhibit A. WHEREAS, APPELLO and CITY previously entered into agreements regarding completion of certain public improvements; and WHEREAS, pursuant to those Agreements certain funds were escrowed for that purpose with 21St Century Bank; and WHEREAS, APPELLO completed a certain portion of the work in 2010, utilizing the escrowed funds; and WHEREAS, APPELLO was to complete the remainder of the public improvements by July 15, 2011 or to request City extension of the Agreement by April 15, 2011; and WHEREAS, APPELLO did request extension of the Agreement in writing by the required date of April 15, 2011 indicating in that letter that they would not be able to complete the remainder of the required public improvements by July 15, 2011 due to the current market conditions; and WHEREAS, the Otsego City Council by resolutions adopted at a regularly scheduled City Council meeting on April 25, 2011 authorized City staff to draw on the Letter of Credit unless a satisfactory additional extension Agreement could be reached by July 15, 2011 ; and WHEREAS, CITY and APPELLO entered into an additional extension Agreement which was approved by the CITY and executed on or about August 12, 2011; and WHEREAS the terms and conditions of that Agreement required that APPELLO keep in place a $300,000.00 Letter of Credit to insure compliance with the original Developers Agreement and addendums thereto specifically related to timelycompletion of public improvements and payment of CITY assessments, and WHEREAS the Letter of Credit was due to expire on November 30, 2011 without a replacement or extension of the Letter of Credit provided as required by the last extension Agreement; and WHEREAS APELLO did not deliver to CITY a replacement or extension of the Letter of Credit before November 30, 2011; and WHEREAS, the City drew on the Letter of Credit and has taken possession of the funds; and WHEREAS, APPELLO and 21St CENTURY BANK have requested that CITY approve an additional agreement extending the general terms and conditions of the parties previous agreements upon payment of a certain portion of special assessments now due and owing and extension of the Letter of Credit. NOW, THEREFORE, IT IS AGREED between the Parties as follows: APPELLO agrees with the conclusion of the City Engineer that the roadways (specifically Quaday Avenue from 87th Street to 85th Street and 85th Street from CSAH 42 to Quaday Avenue) within GREAT RIVER CENTRE that have not received a final lift of bituminous have deteriorated to such an extent that those roadways will have to be re -milled and an adequate base will have to be laid prior to application of a wear course of bituminous. APPELLO agrees that this substantially increases the estimated cost of the work to be completed. Further, APPELLO specifically agrees not to raise the issue of the adequacy of the initial laying of the base course or oversight with the CITY and agrees to waive any and all possible claims or causes of action against the City and its employees, agents and contractors based upon such allegations. Unfinished public improvements within the subdivision are set forth on the attached punch list, Exhibit B. 2. APPELLO agrees to hold in escrow any available funds from any closing scheduled within GREAT RIVER CENTRE (or any of its additions) for lots owned by APPELLO, said funds to be utilized by the CITY, at its sole discretion, to complete the remainder of the public improvements required within GREAT RIVER CENTRE or to be applied against CITY debt service related to unpaid assessments allocated to APPELLO for the CITY CSAH 42 Project. 2 3. APPELLO agrees to fully complete removal of existing base course and installation of new base course and wear course on 85h Street and Quaday Avenue as set forth in the City Engineer's e-mail to City staff and APPELLO dated May 28, 2010 to the satisfaction and approval of the City Engineer by July 8 2013 utilizing funds escrowed from any closing occurring between the date of execution of this Agreement and July 8, 2013. Additionally, all other required public improvements (landscaping, street lights, trails/sidewalks) shall also be completed by July 8, 2013 unless otherwise agreed to by CITY. APPELLO shall notify CITY of any and all closings for properties within GREAT RIVER CENTRE and shall prior to the closing disclose any amounts available from that closing to be placed in escrow for the purpose of constructing the additional public improvements or covering CITY debt service for the CSAH 42 Project, as determined at the sole discretion of the CITY. Any funds available for those purposes, as reasonably determined by CITY, and approved by APPELLO's lender, shall be placed in escrow for either purpose. The obligation to escrow for public improvements and/or debt service payments shall remain in force and effect until such time as all CITY required public improvements within the Plat have been constructed to the reasonable satisfaction of the City Engineer and sufficient surety is available to cover all applicable warranties and all delinquent assessments have been paid. 4. APPELLO agrees to keep in force and effect at all times from this date forward the required Letter of Credit in at least the amount of $300,000.00 for purposes of assuring CITY that all public improvements are completed and that assessments and taxes on GREAT RIVER CENTRE are timely paid as required by the Developer's Agreement and addendums thereto. This provision is to insure that the CITY always has available to it security to cover the costs of public improvements that must be finished by CITY and to assure that taxes and assessments on the Plat are timely paid. In the event that the CITY must draw upon any posted Letter of Credit for the purpose of completing public improvements as set forth in this Agreement or to make needed payments on City debt service, APPELLO must immediately cause there to be a replacement Letter of Credit in the same amount, and in force and effect for a period of not less than one year from the date of posting the Letter of Credit. Any new Letter of Credit must contain an automatic renewal provision and be issued by an FDIC approved and insured banking or lending institution with an office at which the Letter of Credit can be delivered to draw upon within fifty (50) miles of CITY. 5. Upon execution of this Agreement, APPELLO shall pay directly to the CITY $300,000.00 for payment of a portion of the unpaid special assessments related to GREAT RIVER CENTRE and owed by APPELLO. APPELLO also agrees to make payment directly to CITY of at least $37,295 by June 30, 2012 and at least an additional $75,295.00 by December 31, 2012 both payments to be applied against Special assessments due and owing by APPELLO. Additionally, APPELLO shall make the first installment payment of special assessments due in 2013 on or before May 15, 2013. Said payments shall be applied to the amount of special assessments owed at the time of the payment, and payment of these amounts does not reduce assessments due, plus applicable penalties and interest any more than the amount of said payments. If the payments are not timely made CITY may at anytime after the due date collect that amount from the Letter of Credit. 6. Upon execution of this Agreement APPELLO shall deliver to CITY and extension of the current Letter of Credit with an expiration date of at least Jules 2013. The issuer of the Letter of Credit shall by language included in the Letter of Credit consent to the terms and conditions of this Agreement. 7. APPELLO must notify the CITY at least two weeks prior to the expiration of the new Letter of Credit whether or not the BANK will renew the Letter of Credit. In the event that the Letter of Credit is not reissued, replaced or extended the CITY will draw down the Letter of Credit and use the proceeds at its sole discretion to either construct all or a portion of the remaining public improvements or to pay off existing or future CITY debt service. APPELLO agrees to cooperate with the CITY's draw on the Letter of Credit. In the event that the CITY draws on the Letter of Credit it does not reduce, change or modify any obligation that APPELLO has to the CITY under this Agreement, the original Developer's Agreement or any addendum or other Agreement between APPELLO and the CITY related to GREAT RIVER CENTRE, including the obligation to have in force and effect a Letter of Credit. 8. In the event that the CITY determines that the Letter of Credit must be drawn down to insure the CITY's ability to make current of future debt service obligations prior to completion of the public improvements, CITY may determine that the public improvements must go forward as a CITY Project, in which case all costs associated with the CITY project may be assessed against lots and outlots within the Plat owned by APELLO; specifically Outlots I and K, GREAT RIVER CENTRE FIRST ADDITION; Outlots A,B and C and Lot 1, Block 2; Lots 1 and 2, Block 3 and Lot 1, Block 4 GREAT RIVER CENTRE SECOND ADDITION; and Oulot A, GREAT RIVER CENTRE THIRD ADDITION. If the CITY proceeds with a CITY project and assessment APPELLO specifically waives any and all hearings, irregularities in the proceedings and any right of appeal of whatever nature including the right of appeal in Minnesota Statute 429.081. APPELLO specifically agrees that the remaining public improvements increase the fair market value of the above described properties in at least the amount of the cost of said improvements. 9. This current Agreement does not affect any of the terms and conditions of those previous Developers Agreement and amendments thereto between APPELLO and CITY, unless specifically amended or modified by this Agreement. All other terms and conditions of the previous Developers Agreement and amendments thereto shall remain in full force and effect. APELLO specifically agrees that the 4 original Developer's Agreement and addendums thereto are binding and remain binding on APPELLO, it successors and assigns and that it will not contest the validity of said Agreements. 10. Any and all required upkeep and repair (such as potholes and crack sealing) of those portions of the road (85th and Quaday) which will not receive wear course until the term of this extension, as well as prompt mowing of all lots within the Plat, are the responsibility of APPELLO. Any such required repairs or mowing, as determined at the reasonable discretion of the CITY, shall be promptly undertaken and completed by APPELLO upon receipt of notice of the same from the CITY. In the event that APPELLO does not promptly make the repairs as required by the City Engineer or undertake mowing as required by the Zoning Administrator, CITY may make such repairs and/or undertake mowing and bill the costs of the repair or mowing as well as any attendant administrative, legal, engineering, planning or other costs incurred by the CITY to APPELLO which shall promptly (within thirty days) make such payment. If APPELLO fails to pay for any costs CITY may draw upon any available escrow or security that it holds to cover these costs plus interest and/or assess the costs against any property within the Plat owned by APPELLO. Failure to immediately pay any such repair costs shall be considered a material breach of this Agreement, and CITY may immediately terminate the Agreement. In order to assure compliance with these terms and conditions and to reimburse the CITY for any ongoing expenses incurred as a result of this Agreement and the Letter of Credit, APPELLO shall upon execution of this Agreement place $10,000.00 in escrow for these purposes and shall make such payments into that escrow account from time to time to keep it at all times at $10,000.00. 9. This Agreement supersedes any and all previous Agreements, oral or written, regarding extension of the specific items listed only. This Agreement does not affect or modify any other obligation of APPELLO under the original Developer's Agreement or addendums thereto, nor is it to be construed as a waiver of any other obligation of APPELLO by the CITY. 10. This Agreement shall be recorded against the real property described in attached Exhibit A and its terms and conditions shall run with the land and bind any and all successors in title or assigns. Dated: APPELLO GROUP, LLC By: Its Dated: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk COUNTY OF WRIGHT ) ) ss. STATE OF MINNESOTA) Subscribed and sworn before me this day of December, 2011 by the of Appello Group, LLC on behalf Of Appello and with authority. NOTARY PUBLIC COUNTY OF WRIGHT ) ) ss. STATE OF MINNESOTA) Subscribed and sworn before me this _ day of December, 2011 by Jessica Stockamp, Mayor and Tami Loff, City Clerk on behalf of the City of Otsego 0 and with authority. NOTARY PUBLIC DRAFTED BY: Andrew MacArthur MACARTHUR LAW OFFICE, LLC 3601 Thurston Ave N. Suite 103 Anoka, MN 55303 763-231-5850 T E C H W IND O W 5 Tips for a Successful City Website overnment services and com- munications are quickly moving online. Services like 311, utility and ticket payments, and event registration are all becoming inte- grated with the web to provide an unprecedented level of government -to - citizen communication. With this in mind, it is important for city governments to maintain a func- tional, well-designed web -site that is a critical source of community information. In the first era of city websites, the sites were simple, containing a few descriptions and contact information. But modern users expect far more from government websites.Timely informa- tion, ease of use, and modern graphic design are all requirements of the new wave of city websites. If your city hasn't looked at its website in a long time it might be time to think about modern- izing it. Below are a few tips to update your city's website to appeal to increas- ingly web -savvy citizens. Usability trumps style. At its core a city website needs to be functional. While exploring a municipal website redesign, try not to fall into the trap of making something too flashy. Citi- zens are visiting the site to quickly find information and don't want to sit through flashy animations, graphic design, or other gimmicks to find it. Keep things clean, simple, and easy to use. For an example, look at Fairfax County, Va. The county wanted to update its website and when they released an artsy, flash -filled version, citizens negatively reacted to the design citing difficulty finding infor- mation, increased load times, and distracting photos and colors.The county eventually ended up with a website that focused more on usability than design, and user satisfaction dra- matically improved. By Tim Verras Organize by task, not department. Many cities structure their website just like their internal organization. However, most citizens are looking to perform a task and may not understand how the city's depart- ments are structured. Instead, organize information in terms of what tasks citizens are going to perform.You likely already know what these tasks are because they are the same ones that generate frequent foot and phone traffic—ticket payment, city council meeting information, taxes, and contact information. Give these tasks precedence on the site and make them easy to find and simple to use. As an example, let's look at paying a ticket online.While the finance or accounting department might actu- ally handle the transaction, this would not be the best place to put the ticket payment section on the website.To a citizen, tickets come from police so that is the first place they are likely to look. If your city does online payments, create a central hub to house all types of payments from tickets to bills in one easy place and then link to it from the police page and the home page. Remember, the easier you make it for citizens to find the online payments, the more likely the city gets paid and the less time staff has to spend administer- ing the program. This is a great way to reduce costs and traffic at city facilities. Don't sell ads. The cost of maintain- ing a website might tempt some cities to recoup the money by selling ads to local advertisers or search engine com- panies.This is a mistake. Citizens expect a government website to provide quick and easy information without being hassled by ads. If ads get in the way of citizens finding information, they will react negatively and lose trust in the city's ability to provide easy -to -find information. Fur- thermore, an advertising program requires a lot of additional work for staff. Update regularly. Nothing will kill citizen usage of the city website faster than finding it stocked with old, useless information.A government website needs to be actively maintained and groomed on a regular basis. -Before creating time -intensive features like cal- endars, agendas, news feeds, and blogs, make sure your staff can keep them regularly updated. If the citizens don't trust the information on the website, they won't return. This might lead to increased calls and foot traffic at city hall, which can decrease operational efficiency and increase costs.The power of the web is that it can be instantly updated, so make sure to harness that power by keeping your website fresh. Consider mobile devices. If your city is redesigning its website, keep mobile devices in mind.The new generation of citizens is increasingly using phones and other devices to access the web. If the city's website is not accessible or legible on these devices, it will negatively impact some citizens' perception of the city, especially that of younger citizens. As the use of mobile devices grows, maintaining a mobile -friendly website will become increasingly important. As you think about your website, remember that it is a reflection of your city. It needs to be updated, modern, and well -kept just like your town square. This article was originally published in Sophicity's CitySmart Newsletter. Reprinted with permission from Sophicity (sophicity.com), a Georgia -based munici- pal IT consulting firm. N O v E M B E R -DECEMBER 2 0 1 1 MINNESOTA CITIES 25