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HomeMy WebLinkAbout9B-SMSC YMCA Property to Trust O� PRION U m 4646 Dakota Street SE Prior Lake,MN 55372 `�tNNriSO�P CITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 26, 2015 AGENDA#: 9B PREPARED BY: FRANK BOYLES, CITY MANAGER PRESENTED BY: FRANK BOYLES AGENDA ITEM: CONSIDER APPROVAL OF A RESPONSE TO THE DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS REGARDING THE PROPOSED FEE TO TRUST APPLICATION OF THE SMSC FOR APPROXIMATELY 80 ACRES FORMERLY KNOWN AS THE YMCA PROPERTY DISCUSSION: Introduction The purpose of this agenda item is to receive direction from the City Council regarding how the staff and city attorney should proceed on the above referenced matter. History As the City Council may be aware, the Shakopee Mdewakanton Sioux Community (SMSC) purchased the 80 +/- acre YMCA property (see attached graphic). The SMSC is seeking to place this property in Trust with the Federal Government. On December 18, 2014,the United States Department of the Interior, Bureau of Indian Affairs (BIA) sent a "Notice of (non-gaming) Land Acquisition Application" to Scott County, City of Shakopee, Minnesota Department of Transportation, the Governor's Office, and the SMSC (see attached). This notice should also have been sent by certified mail to the City of Prior Lake. Last week in a meeting with Stan Ellison, Land Manager for the SMSC, he inquired about whether we received the notice. I checked my records and found no evidence of receipt. Stan did the same and confirmed that we were not notified. The notification is important in that it starts to 30 day comment period (which may be extended an additional 30 days). Current Circumstances I telephoned the contact person identified in the BIA letter leaving a voicemail each time requesting that the 30 day period begin for the City as of the date of my call. I also emailed the regional director the same message together with a request for a copy of the application. On January 22, 2015 we received a certified letter giving the city 30 days to comment upon the application. This application for Fee to Trust involves three parcels:the 80.34 acre YMCA parcel, a 7 acre YMCA parcel (which appears to have a PID misprint), and a 6 acre West Mazario parcel. The 80.34 acre parcel is in Prior Lake, the second parcel we cannot locate and the third is in Shakopee. Phone 952.447.9800/Fax 952.447.4245/www.cityofpriorlak-e.com The subject parcels are adjacent to and contiguous to existing SMSC lands (a precondition for placing land into Trust). Quoting from the BIA letter: "The trust acquisition of this land will promote culturally based educational activities for members of the SMSC that involve the protection, development and preservation of property, wildlife and natural resources of the Community. Natural areas within the county are a diminishing resource and are vital to maintain Dakota culture which is closely linked to the environment." The letter goes on to say that, "...the purpose for seeking your comments regarding the proposed trust land acquisition is to obtain sufficient data that would enable an analysis of the potential impact on local/state government, which may result from the removal of the subject property from the tax roll of the local jurisdiction." The specific information sought includes (for the 80.34 acre Prior Lake parcel): • Annual amount of property taxes currently levied on the subject property and allocated to the City of Prior Lake. $0 property taxes were levied in 2013 or 2014 against this property. • Any special assessments, and amounts thereof, that are currently assessed against the property to support our organization. $0 special assessments in 2013 or 2014. • Any governmental services that are currently provided to the property by your organization. Fire (shared with Mdewakanton Fire) and Police. • If subject to zoning, how the intended use is consistent or inconsistent with the zoning. The land is guided in the City's 2030 Comprehensive Plan as R-LD (urban low density)which anticipates 0-4 dwelling units per acre.The zoning is agricultural. Conclusion The staff will prepare a response to the BIA for City Council review based upon direction you provide. ISSUES: The city staff could prepare a draft set of comments for Council review at the next meeting. Prior to doing so, it would be helpful to have a sense of the City Council's position. If the City Council desires to oppose this or other applications, the City Attorney recommends that the City Council consider retaining an attorney who specializes in Indian Law since any appeal to the courts can be fortified or undermined by the preceding action or inaction of the City. 2 FINANCIAL Depending upon City Council action. IMPACT: ALTERNATIVES: 1) Provide staff direction on preparation of comments and retaining an Indian Law specialist. 2) Take no action. RECOMMENDED As determined by the City Council. MOTION: 3 1/22/2015 Page 1 of 1 SMSC YMCA Camp Property s x Q, V I t w x J G t �i i t � s '*t'ol Map created on 1/22/2015 Aerial Photo:March 2013 Disclaimer: This information is to be used for reference purposes only. Scott Legend 4 County does not guarantee accuracy of the material contained herein and is not responsible for misuse or misinterpretation. The preceding disclaimer is provided pursuant to Minnesota Statutes 466.03, Subd. 21 (2000), and the user of this service acknowledges that the County shall not Aerial View Active be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the County from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. Create Map �S X, United States Department of the Interior " BUREAU OF INDIAN AFFAIRS Midwest Regional Office Norman Pointe II TAKE PRIDE , 500 NMERICA 5600 West American Boulevard Suite t ..INA !� Bloomington,MN 55437 IN REPLY REFER TO: Division of Fee to Trust DEC 8 2014 ' 'rR-4609-P5 NOTICE OF (NON-GAMING) LAND -ACQUISITION APPLICATION Pursuant to the Code of Federal Regulations,Title 25,INDIANS,Part 15 1.10,notice is given of the application filed by the Shakopee Mdewakanton Sioux Community of Minnesota(Community)to have real property accepted"in trust'for said applicant by the United States of America. The determination whether to acquire this property"in trust"will be made in the exercise of discretionary authority which is vested in the Secretary of the Interior,or his authorized representative,U.S.Department of Interior. To assist us in the exercise of that discretion,we invite your comments on the proposed Acquisition. In order for the Secretary to assess the impact of the removal of the subject property from the tax rolls,and if applicable to your organization,we also request that you provide the following information: (1) If known,the annual amount of property taxes currently levied on the subject property allocated to your organization; (2) Any special assessments,and amounts thereof,that are currently assessed against the properly in support of your organization; (3) Any governmental services that are currently provided to the property by your organization;and (4) If subject to zoning,how the intended use is consistent or inconsistent with the zoning. We provide the following information regarding this application; Applicant Shakopee Mdewakanton Sioux Community of Minnesota Legal Land Description/Site Location: Parcel 1 (YMCA-80.34 acres); The South Half of the Northwest Quarter(Sl/2 NWl/4)of Section 23,Township 115 North, Range 22 West, of the Fifth Principal Meridian, Scott County, Minnesota.(PID No.259230100) AND The South 200 feet of the East 33 feet of the North Half of the Northwest Quarter(N1/2 NW 1/4)of Section 23,Township 115 North, Range 22 West, of the Fifth Principal Meridian, Scott County, Minnesota.,(PID No.279230020) Parcel 2(YMCA-7 acres): Outlot C,Titus 1st Addition, according to the recorded plat thereof, and situate in Scott County, Minnesota.(PID No.250700330) Parcel 3(West Mazario -6 acres): That part of the.North Half of the Northwest Quarter of Section 23,Township 115 North,Range 22 West of the 5th RM., Scott County, Minnesota, (P1D No.279230017) Project Deseription/Pronosed Land Use: The Bureau of Indian Affairs,Midwest Regional Office has under consideration,application for the transfer of real property to be transferred in trust for the benefit of the Shakopee Mdewakanton Sioux Community, The subject parcels are adjacent and contiguous to existing reservation lands. Trust acquisition of this land will promote culturally based educational activities for members of the Shakopee Mdewakanton Sioux Community that involve the protection,development and preservation of property,wildlife and natural resources of the Community. Natural areas Nvithin'the county are a diminishing resource,and are vital to maintaining Dakota culture which is closely linked with the environment. As indicated above,the purpose for seeking your comments regarding the proposed trust land acquisition is to obtain sufficient data that would enable an analysis of the potential impact ori local/state government, which may result from the removal of the subject property from the tax roll and local jurisdiction, This notice does not constitute,or replace,a notice that might be issued for the purpose of compliance With the National Environmental Policy Act of 1969. Your written comments should be addressed to the Bureau of Indian Affairs office listed at the top of this notice. An comments received within thil da so and made ur ou-may be gran -one tlirGy day-extension of time Soiurrisltc mments, provided you submit a w_ritten ustifcatioteqting suchn-extensonwithiit_thirty_daysof_recent ofi_ a `fhls'etteAdditionally,copies of all comments will be provided to the applicant for a response. You will be notified of the decision to approve or deny the application. If any party receiving the enclosed notice is aware of additional governmental entities that may be affected by the subject acquisition,please forward a copy to said party. A copy of the application,excluding any documentation exempted under the Freedom of Information Act (FOIA), is available for review at the above.address. A request to make an appointment to review the application,or questions regarding the application,may be directed to Diane Baker,Supervisory Realty Specialist,Division of Fee to Trust,at(612)725-4586. Sincerely, Regional Director I cc: By Certified Mail—Return Receipt Requested To Interested Parties: Gaiy.L.Shelton 9171 9690 0935 0036 0709 20 County Administrator Scott County,Office of the Administrator Government Center 200 Fourth Avenue West Shakopee,MN 55379-1220 Honorable John Schmitt 9171 9690 0935 0036 0708.90 Mayor City of Shakopee 129 Holmes Street Shakopee,MN 55379 Minnesota Department of Transportation 9171 9690 0935 0036 0709 06 Attn: Director,Office of Aeronautics 222 East Plato Blvd.,MS 410 ' St. Paul,MN 55107 Honorable Mark Dayton 9171 9690 0935 0036 0709 13 GovernQr State of Minnesota 130 State Capitol 75 Rev.Dr.Martin Luther King Jr.Blvd. St. Paul,MN 55155 cc: Regular Mail Honorable Charlie Vig Chairman Shakopee MdeNvakanton Sioux Community 1330 Sioux Trail NW Prior Lake,MN 55372 Mr.Stanley Ellison Land Manager Shakopee MdeNvakauton Sioux Community 2330 Sioux Trial NW Prior Lake,MN 55372 SCOTT COUNTY 1 • - I �. Customer Service Dept. VALUES AND CLASSIFICATION 2W 4th Avenue West Shakopee.IvlN 55379-1220 Tax P Y ar: 013 2014 (952)496-8150 FAX(952)496-8496 Estimated Market Value: 0 140,000 mvwxo-wott.rmr.us Improvements Excluded: Bill#:214992 Step Homestead Exclusion: 0 0 Owner Name:SHAKOPEE MDEWAKANTON SIOUX COMMUNITY Taxable Market Value: 0 140,000 New Improvements/ Expired Exclusions: Property ID Number:279230017 Property Classification: NH Rurvac Land Step PROPOSED TAX Taxpayer: SHAKOPEE MDEWAKANTON SIOUX Oki not include speclal assessments or referenda $1,748.00 COMMUNITY approved by the voters at the Novemberelectfon 2330 SIOUX TRL NW sent in Novem6er2013 PRIOR LAKE MN 55372-9077 Stepe t E ROPE�tTYTAXBTA rl r lul r I 11 I I Ir I Ir u I I I lu r II Fist ITiaxes'due ��^� fi .bY15�20 r �� 75;.00 _ II II 111111 I I Im a II I I I VIII u I I I I II �� � �a �1 �s *Co- , Tax Detail for Your Property: Taxes Pa able Year: 2013 2014 REFUNDS? 1. Use this amount on Form Ml PR to see If you are eligible for a property tax refund. $0,00 File by August 15.If this box Is checked;you owe delinquent taxes and are not eligible.❑ You maybe eligible for one or -2.- Jselhese am_ounts on Form MtPR 10 see If you are eligible fora special refund. $0.00 even two refunds to reduce your property tax.Read the 4. Cre3. d its that reduaxes cere its taxes (A Agricultural market value credits $0.00 $1750.00 $0:00 back ofthlsstatement fo Iu� B.Other Credits 000 find out how to apply. �� S. Property taxes after credits0,00 1,750,00 Property Address: 6. County County 0.00 $555.33 Lake Improvement District $0.00 $0.00 Property Description: 7. City or Towne CITY OF SHAKOPEE $0.00 $580.11 r� j Acres:8.78 6. State General Tax $0.00 $0.00 Section 23 Toenship 115 Range 022 9. School District ISD 0720 SHAKOPEE'. .-- PION120FNW114,COMSWCOROFNI/20FNW114, -.-A.OtherLopl LeVleS ,:$0.00 --$124.26 N01-00.36 E ALONG WLINE OF N112 OF NW1f4 l - 660.20',N 89.47-07 E 658.93,Sgt-00-36 W 662.38'To s B.Voter Approved Levies -$0.00 $393.23 LINE OF N12 OF NW114,W ALONG S LINE 658.89'TO '�c POB.EX PIO N12 OFNW114 SHOWN AS PARCEL 3& dao 10.Special Taxing Districts A,Met Council °$0.00 .. .$14.48 PARCEL 3A ON ~° B,Mos u0o Control ,.,__ ,$0.00 _$7.46 _ q "C.MetTransitDistrct $0.00 $22.74 ` 8� D.SooO County CDA $0.00 $23.58 E.Prior Lake Spring Lake Watershed - -- $0.00 - $28.81 11. Non-school voter approved referenda levies $0.00 $0.00 12.Total Dronerly tax before special assessments $0.00 1750.00 13.Special assessments Principal:0.00 Interest;0.00 $0.00 $0.001 0.00"- 14.YOURTOTALPROPERTYTAXAINDSPECIALASSESSMENTS $0.00 $1,750.00 ............................................................................................................................................................................................................. PAYABLE 2014 2nd HALF PAYMENT STUB TO AVOID PENALTY PAY ON OR BEFORE:10115/2014 Property ID#:279230017 SECQND (12 XAXAMQUNT:DUE $875.00 Bill#:214992 PENALTY: MAKE CHECKS PAYABLE TO: Taxpayer: SHAKOPEE MDEWAKANTON SIOUX COMMUNITY SAttn:Cus COT COUNTY to OU r Service Dept. 2330 SIOUX TRL NW 200 4TH AVE W PRIOR LAKE MN 55372-9077 SHAKOPEE MN 55379-1220 IIIII rI1,11111,1Ir1141ir I'll rllIII rllllrlrl,I,IIIhIII IINl4rl � �OIII�IIII�� III���� Your cancelled check Is proof of payment.Please write your Properly ID#on your check. I�III Postdated checks are not held.Only official U.S.Postmark determines payment mall dale. No receipt sent unless requested and is void until check is honored. .. .......................................................................................................................................................................................................... PAYABLE 20141St HALF PAYMENT STUB TO AVOID PENALTY PAY ON OR BEFORE:5/1612014 Property ID#:279230017 0 1:FULL�T 01JINT _. . ,.> '?` $1750.00 FIRST;112'TAX AMOUNT DUE.. $875.00 Bill#:214992 PENALTY: MAKE CHECKS PAYABLE TO: Taxpayer: SHAKOPEE MDEWAKANTON SIOUX COMMUNITY SCOTT OUstome TService Dept. 2330 SIOUX TRL NW 200 4TH AVE W PRIOR LAKE MN 55372-9077 SHAKOPEE MN 55379-1220 IIInrIrIll11r1Ir11411rIrhrllgLllllrlrlrlrhPnlllhnhrl �I 9t pp Your cancelled check Is proof of payment.Pleasew1w your Property 10#an your check. IIIIIIIIIFI?I�0.I�I�I�i� Postdated checks are not held.Only official U.S.Postmark determines payment mall date. No receipt sent unless requested and Is void unfit check is honored.