Item 3.10 Approving and Adopting Special Assessments of Utility Connection Fees Lot 1 Block 1 Otsego I 94 W Ind Park 5th Addn
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Planning City Planner Licht 10 November 2025
PRESENTER(s) REVIEWED BY: ITEM #:
Consent City Administrator/Finance Director Flaherty
City Planner Licht
City Attorney Kendall
3.10 – Particle Control; Assessments
STRATEGIC VISION
MEETS: THE CITY OF OTSEGO:
X Is a strong organization that is committed to leading the community through innovative communication.
X Has proactively expanded infrastructure to responsibly provide core services.
Is committed to delivery of quality emergency service responsive to community needs and expectations in a
cost-effective manner.
X Is a social community with diverse housing, service options, and employment opportunities.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends the City Council adopt a resolution assessing Utility Connection Fees.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
Yes No
BACKGROUND/JUSTIFICATION:
Particle Control, Inc. received City Council approval on 25 August 2025 to develop a 38,400 square foot food
processing building with future 87,500 square foot warehouse expansion upon Lots 3 and 4, Block 2 Otsego I-94 West
Industrial Park 4th Addition. The proposed 14.08 acre development included approval of a preliminary plat, final plat,
and vacation of existing drainage and utility easements combing the two existing lots as provided for by the
Subdivision Ordinance, as well as site and building plan approval.
Title 8, Chapter 1 of the City Code requires payment of water and sewer utility charges for new development to
receive services. Water Availability Charges (WAC) and Sewer Availability Charges (SAC) with the execution of the
development contract for the plat of Otsego I-94 West Industrial Park 4th Addition. The development contract for the
subject property (Otsego I-94 West Industrial Park 5th Addition) requires payment of Water Connection Fees (WCF)
and Sewer Connection Fees (SCF) at the time a building permit is issued. The amount of the WCF and SCF as
determined by the Building Official is shown below:
Water Connection Fee $20,720.30
Sewer Connection Fee $49,485.27
Total $70,205.57
The developer is requesting that the Utility Connection Fees due for the building be assessed and paid in installments.
The City has done this in the past as a form of economic development assistance for commercial or industrial
business. The City’s past practice has been to assess the Utility Connection Fees for a period of up to seven years at
1.50% over the City’s current borrowing rate.
The Finance Department received information from the City’s financial consultant that the current borrowing rate is
2.75%. Adding 1.50% to the borrowing rate in accordance with City policy results in an assessment rate of 4.25%.
The proposed term of the assessment is to be seven years. The City Attorney has drafted an assessment agreement to
be executed by the property owners agreeing to the terms. The assessment would be approved by Resolution of the
City Council then forwarded to Wright County to be paid with property taxes starting in 2026.
SUPPORTING DOCUMENTS ATTACHED:
• Resolution 2025-58
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to adopt Resolution 2025-58 Approving and Adopting Special Assessments.
BUDGET INFORMATION
FUNDING: BUDGETED:
N/A
N/A
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CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2025-58
RESOLUTION APPROVING AND ADOPTING
SPECIAL ASSESSMENTS
ARNS ENTERPRISES LLC, a Minnesota limited liability company, (“Owner”) has
requested that the Otsego City Council specially assess certain public improvement costs that
affect Owners’ property legally described in Exhibit A attached hereto (“Subject Property”);
WHEREAS, the City has received the following signed Public Improvement and Special
Assessment Agreement (Exhibit B) waiving all applicable assessment procedural requirements
and requesting to be assessed for the public improvement costs in the amount itemized therein for
the Subject Property;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO,
MINNESOTA:
1. The signed Public Improvement and Special Assessment Agreement is hereby
accepted and approved.
2. The public improvement costs amounting to $70,205.57 are hereby adopted and
shall constitute a special assessment against the Subject Property and hereby made part of this
Resolution by reference and that the tract of land therein included is hereby found to be benefited
by the proposed improvement in the amount of the assessment levied against it.
3. Such assessment shall be payable in equal annual installments without deferment
extending over a period of seven (7) years, the first of the installments to be payable with taxes
paid in 2026 and shall bear the interest rate of 4.25% per annum from the date of adoption of this
assessment Resolution. To the first installment shall be added interest on the entire assessment
from the date of this Resolution until December 31, 2026.
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4. The Owners, at any time prior to certification of the assessment to the County
Auditor, may pay the whole of the assessment on such property, with interest accrued to the date
of payment, to the City, except that no interest shall be charged if the entire assessment is paid
within thirty (30) days from the adoption of this Resolution; and such owner may at any time
thereafter, pay the City the entire amount of the assessment remaining unpaid, with interest accrued
to December 31 of the year in which such payment is made. Such payment must be made before
November 15 or interest will be charged through December 31 of the next succeeding year. The
Owners may also at any time prior to November 15, of any year, pay the remaining unpaid
principal balance with interest accrued to December 31 of the year in which such prepayment is
made.
5. The City Clerk shall forthwith transmit a certified duplicate of this assessment to
the County Auditor to be extended on the property tax lists of the County.
[Remainder of page is intentionally left blank.
Signature page follows.]
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ADOPTED by the Otsego City Council this 10th day of November, 2025.
________________________________
Jessica L. Stockamp, Mayor
ATTEST:
________________________________
Audra Etzel, City Clerk
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EXHIBIT A
TO
RESOLUTION
Lot 1, Block 1, Otsego I-94 West Industrial Park Fifth Addition, Wright County,
Minnesota, according to the recorded plat thereof.
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EXHIBIT B
TO
RESOLUTION
PUBLIC IMPROVEMENT
AND
SPECIAL ASSESSMENT AGREEMENT
AGREEMENT made this ___ day of _______________, 2025, by and between the CITY
OF OTSEGO, a Minnesota municipal corporation (“City”) and ARNS ENTERPRISES LLC, a
Minnesota limited liability company, (“Property Owner”).
RECITALS
A. Property Owner is the owner of real property located in the City of Otsego, Wright
County, Minnesota, as legally described on Exhibit A attached hereto and incorporated herein (the
“Subject Property”).
B. The Property Owner requests that the City assess the Water Connection Fees
(“WCF”) in the total amount of $20,720.30 against the Subject Property.
C. The Property Owner requests that the City assess the Sewer Connection Fees
(“SCF”) in the total amount of $49,485.27 against the Subject Property.
D. The Property Owner has requested that fees in the total amount of $70,205.57 be
assessed against the Subject Property, comprised of the following elements:
Connection – Water (WCF) $20,720.30
Connection – Sewer (SCF) $49,485.27
Total $70,205.57
E. The Property Owner requests that the City assess this amount against the Subject
Property.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS
THE PARTIES AGREE AS FOLLOWS:
1. SPECIAL ASSESSMENT. The City will assess the amount of Seventy Thousand
Two Hundred Five Dollars and Fifty-Seven Cents ($70,205.57) against the Subject Property. The
special assessment shall be deemed adopted on the date this Agreement has been signed by all parties.
The assessment shall be spread without deferment over a seven (7) year period in equal annual
installments, together with interest of four and one-quarter percent (4.25%) per year on the unpaid
balance. The first installment shall be payable with taxes paid in 2026.
2. WAIVER. Property Owner, its successors and assigns, waives any and all
procedural and substantive objections to the Public Improvements and special assessment, including
but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the
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Subject Property. Property Owner waives any appeal rights otherwise available pursuant to Minn.
Stat. § 429.081.
3. RELEASE. Property Owner, its successors and assigns, hereby unconditionally
releases and forever discharges the City, its elected officials, employees, agents and insurers from any
and all claims and causes of action of whatever kind or nature that is in any way connected with or
related to the Public Improvements and the City’s sewer and water systems, including mapping errors.
4. BINDING EFFECT; RECORDING. This Agreement shall be binding upon
Property Owner and its successors and assigns. This Agreement shall run with the land and may be
recorded against the title to the Subject Property.
[Remainder of page is intentionally left blank.
Signature pages follow.]
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CITY OF OTSEGO
BY: ___________________________
Jessica L. Stockamp, Mayor
AND: ____________________________
Audra Etzel, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ________ day of
__________________, 2025, by Jessica L. Stockamp and Audra Etzel, the Mayor and City Clerk
of the City of Otsego, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
_________________________________
NOTARY PUBLIC
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OWNER:
ARNS ENTERPRISES LLC
BY: ______________________________
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ________ day of
_________________, 2025, by _____________________________, the ____________________
of Arns Enterprises LLC, a Minnesota limited liability company, on behalf of said entity.
_________________________________
NOTARY PUBLIC
THIS INSTRUMENT WAS DRAFTED BY:
Campbell Knutson,
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
DSK/smt
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EXHIBIT A
Lot 1, Block 1, Otsego I-94 West Industrial Park Fifth Addition, Wright County,
Minnesota, according to the recorded plat thereof.
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MORTGAGE HOLDER CONSENT
TO
PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT
21ST CENTURY BANK, a Minnesota banking corporation, which holds a Mortgage dated
September 23, 2025 made and executed between Arns Enterprises, LLC, a Minnesota limited
liability company, and 21st Century Bank, a Minnesota banking corporation, in the principal
amount of $5,760,000.00, and recorded September 30, 2025, with the Office of the County
Recorder, Wright County, Minnesota, as Document No. A1586485 on all or part of the property
more particularly described in the foregoing Special Assessment Agreement, for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in,
consent, and is subject to the above referenced Public Improvement and Special Assessment
Agreement.
Dated this _____ day of _________, 2025.
21ST CENTURY BANK
By:
_________________________ [print name]
Its _____________________ [title]
STATE OF MINNESOTA )
)ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this _____ day of
________________, 2025, by ___________________________, the
_____________________________ of 21ST CENTURY BANK, a Minnesota banking corporation,
on behalf of said entity.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
DSK/smt