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8.9 SR 05-20-2024City of Elk - River To City Council Meeting Date May 20, 2024 Item Description Resolution: Orderly Annexation Action Requested Request for Action Item Number 8.9 Prepared By Chris Leeseberg, Senior Planner Reviewed by: Zack Carlton Cal Portner Tina Allard Review the petition for the concurrent detachment of part of a property that is located in the City of Ramsey and the annexation of the detached parcel by the City of Elk River. If the Council accepts the proposal, adopt the joint resolution for orderly annexation as drafted. Background/Discussion As stated in the applicant's narrative, Northstar Trucking would like to operate its business entirely in the City of Elk River. To accomplish that goal, Northstar and their attorneys have prepared and signed a petition for the concurrent detachment of the part of the property which is in the City of Ramsey and the annexation of the detached parcel by the City of Elk River, pursuant to the authority of Minn. Stat. §414.061, Subd. 5. A copy of the signed petition is attached. Northstar has also prepared a proposed Joint Resolution for consideration by the City Councils of Elk River and Ramsey. A copy of the proposed Joint resolution is attached. Northstar received a CUP to operate a trucking facility on the Elk River side of their property last fall. A condition of their approval required them to initiate this annexation or install a barrier along the Elk River corporate limit. If this resolution is not supported by the City Councils of both Ramsey and Elk River, the applicant will need to move forward with the installation of a barrier. Financial Impact Unkown Mission/Policy/Goal Responsibly grow Attachments I. Proposal with Exhibits 2. 8.9 Northstar Truck Presentation The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E U A Y engagement that encourages and inspires prosperity JNM 430 PROPOSAL FOR CONCURRENT DETACHMENT AND ANNEXATION Current Situation Northstar Truck & RV Parking LLC ("Northstar") is a Minnesota company that is the sole owner of an approximately 11- acre parcel of land located at 15861 Jarvis Street NW (the "Property"). Access to the Property is via Jarvis St NW. The Property straddles the border between Sherburne and Anoka counties. Approximately 7.2 acres of the Property are in the city of Ramsey, Anoka County, identified as PIN 18-32-25-33-0002 (see aerial photo attached as Exhibit A) and approximately 3.83 acres of the Property are in Elk River, Sherburne County, identified as PIN 75-013-4405 (see aerial photo attached as Exhibit B). Northstar operates a truck and RV outdoor storage business upon the Property. Applicant's Request Northstar would like to operate its business entirely in the city of Elk River. In order to accomplish that, Northstar has prepared and signed a Petition for the concurrent detachment of that part of the Property that is in the city of Ramsey and the annexation of the detached parcel by the city of Elk River, pursuant to the authority of Minn. Stat. §414.061, Subd. 5. A copy of the signed Petition is attached as Exhibit C. Northstar has also prepared a proposed Joint Resolution for consideration by the City Councils of Elk River and Ramsey. A copy of the proposed Joint Resolution is attached as Exhibit D. Page 401 of 430 Questions from Senior Planner Chris Leeseberg 1. Will the County boundary line be changed? No, the county boundary line will remain as it is. Northstar's attorney spoke with Star Holman on March 1, 2024. Holman is the MBAU (Minnesota Boundary Adjustment Unit) Administrator in the Office of Administrative Hearings, which is the state agency with regulatory authority regarding detachments and annexations. Holman advised Northstar's attorney that the county boundary line will not be affected. She said it does not matter if, after the detachment of the parcel from Ramsey and annexation of the detached parcel by Elk River, the detached parcel remains in Anoka County. Holman pointed out that this situation is not unique, commenting that part of St. Cloud is in three different counties. Attached as Exhibit E is a copy of an email sent March 1 2024 from Northstar's attorney to Senior Planner Chris Leeseberg and to Stephanie Hanson, the Ramsey Community Development Director regarding this issue. 2. Will the Metropolitan Council acquire regulatory authority over the city of Elk River as a result of the requested detachment and annexation? This question stems from the fact that pursuant to Minnesota Statutes, Chapter 473, the Metropolitan Council was established and granted specified regulatory jurisdiction, including land use planning, over the Metropolitan Area as that term is defined in Minn. Stat. § 473.121, Subd. 2. Anoka County is included in the definition of the Metropolitan Area. Sherburne County is not. Northstar's attorney discussed these issues on April 5 2024 with LisaBeth Barajas, who is the Executive Director/Community Development for the Met Council. Baraj as stated that even though the detached/annexed parcel would remain in Anoka County, the Met Council would not have jurisdiction to impose comprehensive planning requirements on the city of Elk River. Page 402 of 430 3. is Ramsey supportive of \orlhslar's requesled delachmenl' Northstar believes Ramsey will support ils request, although Northstar has not yct brought the matter bcfore the Ramsey City Council. As noled above, the Ramsey Community Development Direclor is aware of the request and has been copied in pertinent email communicalions, Northstar has on occasion also discussed the matter with Todd Larson, the Ramsey Planning Manager and has received no negative fecdback, In fact, just recently Northstar discussed with a Ramsey slall' person whether Northstar should apply to Ramsey Ibr a permit to move dirt on the Ramscy parcel. The Ramsey staff person informed Northstar that it should wail until the annexation process was complete and then apply to Elk River Ior any required permil to proceed with bulidozer work on the annexed parcel_ Northstar hereby requests the Elk River City Council to adopt the Joint Resolulion and will simullaneously also request the Ramscy City Council to adopt the Joint Rcsolulion, Northstar Truck & RV Parking LLC fly: L --pi j Nikolay Qabtk Its_ Presidcnl Page 403 of 430 EXHIBIT Anoka County Parcel Viewer R. d i F r z 1—.x' rq V!v IN. 7. � fit. ';' �k'' tic•t ` � ��R �`'!' �' 7W A z Fd4 a _ t s{ Sherburne r; T. t ' .lh :; l�sa.' .. sue.:• kv Parcel Information: Approx. Acres: 7.22233247 18-32-25-33-0002 Commissioner: MATT LOOK 15861 JARVIS ST NW RAMSEY %N0�`� -'OUN'1'I MN 55330 Plat: Owner Information: NORTHSTAR TRUCKAND RV PARKING LLC 9961 TROY LN N MAPLE GROVE MN 55311 ,oka County GIs 1:2,40U I Date: 11/16/2023 1 isclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be :hefif: rfcrl fnr n fifin onn—h nn—nieni e::r„o„ nr fnr —ninn wnrifinnfinn Page 404 of 430 Parcel ID 75-013-4405 Alternate ID n/a Sec/Twp/Rng 13-32-26 Class 234-Industrial Preferred Property Address Acreage 3.83 District ELK RIVER CITY Brief Tax Description n/a (Note: Not to be used on legal documents) Overview Legend Public Water Inventory L I Not Classified LI General Development Natural Environment Recreational Development ❑ Parcels Streams Owner Address 9961 TROY LN N MAPLE GROVE MN 55311 Page 405 of 430 EXHIBIT a PROPERTY OWNER PE'I.rriON FOR CONCURRENT DETACHMENTAND ANNEXATION IN THE M.-VI-FER OF THE PETITION Bic 'niE. SOLE PROPERTY OWNER FOR THE DETACHMENT OF c_r R'I'A1N LAND FROM THE CITY OF RAMSEY, MINNESOTA AVI) CONCURRENT TO 1'HE CITY OF ELK IUVER, MINNE.SOT-A PL;RSUANI 'I'O MINI\ESO"IA STA'I'U'I-ES 4414.061, SUBD_ 5. To: Office of Administrative Hearings Municipal Bounddry Adjustment Unit PO Box 64620 St. Paul, MN 55164-0620 I'he undersigned, being the sole owner of the following described land, hereby requests ttte ,MUnicipal Boundary Adjustment Unit of the Office of Administrative Hearings to detach said property iron (lie City of Ramsey, and annex it to the City of Elk River, pursuant to N•linnesota Statutes § 414.061, Subd. 5: That part of the South 1155 feet of the West 297 feet of the Southwest Quarter of the Southwest Quarter of Section] 18, I'ownship 32, Range 25, lying North of railroad right - of - way, Anoka County, Minnesota. In bringing forward this Petition, the Petitioner states that: l . There is one properly owner in the area proposed foi• detachment, annexation. 2. Thc property is presently within the City of Ramsey, Anoka Comity ( PID 18-32-25-33- 0002, hereafter the "Ranisev Parcel") and abuts the City of F.Ik River. County of Sherburne. Me property proposed for detachrnen►,'annexation is approxim.rtely 7.22 acres in sire. 4. This boundary adjustinent is being requested because: Petitioner also owns an adjoining parcel located in the City of Elk River, Sherburne Cottttty, Minnesota (PID 75-013-0110). Petitioner intends to start a business on the combined parcels. The oniv access is via public roads in (lie City of Elk River. Petitioner desires to have its business located on land that is located viinrely in one city. Page 406 of 430 Petjtioner,`Prol+?riy Owner: Date: January tL 2024 Northstar Truck i RAJ Parking LLC Nlolav Ba n Its: President age 407 of EXHIBIT 1 19 D CITY OF ELK RIVER RESOLUTION NO. CITY OF RAMSEY RESOLUTION NO. A JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM RAMSEY AND ANNEXATION INTO ELK RIVER OF CERTAIN LANDS PURSUANT TO MINNESTOA STATUTES SECTION 414.061. WHEREAS, the property located at 15861 Jarvis St. NW (PIN 18-32-25-33-0002) is currently within the City of Ramsey and Anoka County and is legally described as: That part of the South 1155 feet of the West 297 feet of the Southwest Quarter of the Southwest Quarter of Section 18, Township 32, Range 25, lying North of railroad right - of - way, Anoka County, Minnesota (the "Annexation Property"); and WHEREAS, the Annexation Property is approximately 7.22 acres in size, and is depicted on the Exhibit attached hereto and incorporated herein; and WHEREAS, the Annexation Property is located on the border of the City of Elk River; and WHEREAS, a petition by the sole owner of the Annexation Property was received requesting that the Annexation Property be detached form the City of Ramsey and annexed by the City of Elk River; and WHEREAS, the City of Ramsey and the City of Elk River want the entire Annexation Property to be located within the corporate limits of the City of Elk River; and WHEREAS, The City of Ramsey and the City of Elk River want to modify their mutual municipal boundary to permit the Annexation Property to be located entirely within the City of Elk River; and WHEREAS, to modify the boundary, the City of Ramsey desires to detach and the City of Elk River desires to annex the Annexation Property pursuant to Minnesota Statutes § 414.061. NOW, THEREFORE, BE IT RESOLVED: 1. The Cities of Ramsey and Elk River jointly request that the Minnesota Office of Administrative Hearings, Municipal Boundary Adjustment Unit concurrently detach the Annexation Property from the City of Ramsey and annex the same to the City of Elk River at the earliest possible date. 2. The City Planner for the City of Elk River is authorized to submit this joint resolution along with all appropriate application materials to the Minnesota Office of Administrative Hearings, Municipal Boundary Adjustment Unit for the purpose set forth herein. Page 408 of 430 Adopted by the City Council of the City of Ramsey on , 2024. Attest: Katie Schmidt, City Clerk Mark E. Kuzma, Mayor Adopted by the City Council of the City of Elk River on , 2024. Attest: Tina Allard, City Clerk John J. Dietz, Mayor Page 409 of 430 Exhibit E From: David J. Lenhardt Sent: Friday, March 1, 2024 11:48 AM To: Leeseberg, Chris <CLeeseberg(@ElkRiverMN.gov>; Nikolay Babkin <northstarparkingmnPRmail.com> Cc: shansonC@cit)1oframse)1.com Subject: RE: Annexation - Northstar Truck & RV Parking LLC Hello Chris and Stephanie: I discussed the issues raised by the Elk River City Atorney with Star Holman, who is the MBAU (Minnesota Boundary Adjustment Unit) Administrator. Star told me that the fact that my client's Ramsey parcel is in Anoka county, while Elk River is in Sherburne county does not matter and that no action is needed by the two County Boards. She added that this happens fairly often, that the county boundaries will not change, and that there is no need to change the county boundaries. She referenced the city of St. Cloud, which is in three different counties. Star also stated to me that once the detachment/annexation is completed, Anoka county will just change how it identifies the parcel (i.e., assign it a different Anoka county PIN than it now has). My client would like to move forward with the Petition and proposed Joint Resolution, so I reiterate our request that this matter be brought before the two city councils for consideration. Attached is my revised Joint Resolution which incorporates the Elk River City Attorney's edits. Star Holman said that she is available to discuss this with you or your city attorneys if that would be helpful. Her contact information is: Star Holman MBAU Administrator star.holmanPstate.mn.us 651-361-7909 I appreciate your attention to this. Please contact me if you require any other information. Regards, David J. Lenhardt, Esq. Partner GRIES LENHARDTALLEN, P.L.L.P. (763) 497-3099 x213 Page 410 of 430 Northstar Truck & RV Parking Orderly Annexation Page 411 of 430 Background ■ Northstar Trucking received CUP in August 2023 ■ They own two parcels ■ One in Elk River (- 3.83 acres) ■ One in Ramsey (-7.2 acres) ■ Requesting to annex the Ramsey parcel into Elk River Page 412 of 430 X 0 75-00013-4400 w,ill 011S 75-00013-4405%-;,- 15 00805 0105 ap 75-00805-0115 Page 413 of 430 Background ■ County line will remain as it is ■ Elk River will be in two counties ■ Met Council would not have jurisdiction to impose comprehensive planning requirements on the city Page 414 of Action Requested ■ Review detachment of part of City of Ramsey and the annexation of the detached parcel by the City of Elk River ■ If the Council accepts the proposal, adopt the joint resolution for orderly annexation as drafted Page 415 of X 0 75-00013-4400 w,ill 011S 75-00013-4405%-;,- Ir 15 00805 010') ap 75-00805-0115 Page 416 of 430