HomeMy WebLinkAbout9B - SMSC Fee to Trust Response (YMCA Property) O� P
'J,iV 4646 Dakota Street SE
Prior Lake, MN 55372
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CITY COUNCIL AGENDA REPORT
MEETING DATE: FEBRUARY 9, 2015
AGENDA#: 9B
PREPARED BY: FRANK BOYLES, CITY MANAGER
PRESENTED BY: FRANK BOYLES
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING COMMENTS
REGARDING THE CITY'S POSITION ON THE PROPOSED FEE TO
TRUST APPLICATION OF THE SMSC FOR APPROXIMATELY 87
ACRES FORMERLY KNOWN AS THE YMCA PROPERTY
DISCUSSION: Introduction
The purpose of this agenda item is to receive direction from the City Council
regarding which comments are to be submitted to the BIA regarding the fee
to trust application by the SMSC for the former YMCA properties.
History
As the City Council is aware, the Shakopee Mdewakanton Sioux Community
(SMSC) purchased the 80 +/- acre YMCA property together with another
seven acre parcel to the immediate east (see attached graphic). The SMSC
is seeking to place both properties 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.
Upon being contacted by the city, the BIA on January 20, 2015 notified the
city officially regarding this fee to trust request. Under the terms of the letter
the city has 30 days or until February 19, 2015 to respond. Under the terms
of the notice the city may request an additional 30 day extension if the need
for additional time is demonstrated..
At the January 26, 2015 meeting the City Council discussed this request. A
copy of the draft minutes on this subject is attached for City Council
information. The council asked that the letter address: 1.) The information
requested by the BIA, 2.) The city's position and comments with respect to
this request, and 3.) The city's longer term concerns with respect to the
currently in place process. The response is intended to address each.
Current Circumstances
This application for Fee to Trust involves three parcels:the 80.34 acre YMCA
parcel, a 7 acre YMCA parcel,-both in Prior Lake and a 6 acre West Mazario
parcel 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.
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 has prepared a response (attached) to the BIA for City Council
review based upon direction you provided.
ISSUES: The City Council asked for a copy of the responses to this trust request
already submitted by Shakopee and Scott County. They are attached for
information.
The City Council has a number of possible actions it can take. One action is
do nothing. The BIA will proceed with the process and act upon the
application based upon the available information.
2
The City Council could respond but limit its response solely to the four
questions the BIA asked in its notification.
The City Council could remain neutral about this request but express longer
term concerns about the process.
The City Council could oppose this fee to trust request and send a letter to
the BIA reflecting that sentiment.
The draft response the staff has provided is based upon our interpretation of
the City Council's comments at the January 26, 2015 meeting. Those draft
minutes are part of tonight's packet if council members with to refer to them.
With respect to the attached draft response the City Council could make
whatever revisions they wish at the meeting and direct that the revised
document be sent;or direct that the staff to make modifications and then,
distribute them to councilors for comment, receive input and send the final
draft to the BIA by the deadline.
Another alternative is to ask for a thirty day extension from the BIA and ask
for additional information,conduct a work session or discuss this topic during
the February 23rd City Council meeting.
FINANCIAL Depending upon City Council action.
IMPACT:
ALTERNATIVES: 1) Motion and second to approve the response to the BIA as written.
2) Motion and second to approve a modified response to the BIA and direct
staff to prepare and solicit input on the revisions prior to mailing it.
3) Take no action.
RECOMMENDED As determined by the City Council.
MOTION:
3
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Prior Lake, MN 5 53 72
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February 10, 2015
United States Department of the Interior
Bureau of Indian Affairs
Midwest Regional Office
Attn: Regional Director
5600 West American Boulevard, Suite 500
Bloomington, Minnesota 55437
Re: Shakopee Mdewakanton Sioux Community Fee to Trust Application
Dear Ms. Rosen:
Pursuant to the Notice of Non-Gaming Land Acquisition Application ("Application") dated
January 20, 2015,the City of Prior Lake submits the following response.
On January 15, 2015 the City of Prior Lake became aware of an application filed with the BIA
by the Shakopee Mdewakanton Sioux Community("SMSC") to transfer approximately 93.34
acres of land ("Property") into trust and to declare it part of the SMSC reservation.A majority
of the Property,approximately 87.34 acres,is located within the City of Prior Lake. The SMSC
subsequently emailed a copy of the application to the City. The City immediately contacted
the BIA and was given thirty days to comment from the receipt of notice dated January 20,
2015.
I. INFORMATION REQUESTED BY BIA:
In answer to specific questions asked by the BIA in the notice dated January 20, 2015:
a. Property Taxes. The Property has been tax exempt for a number of years due to
ownership by the YMCA, a tax exempt organization.
b. Assessments. There are no existing assessments on the Property.
c. Services. The City provides police services to the Property. The City has also
provided and maintained access to the Property over Pike Lake Trail. The City and
SMSC cooperatively provide fire services to the Property.
Phone 952.447.9800/Fax 952.447.4245/www.cityofpriorlake.com
Regional Director, Midwest Regional Office
U.S. Dept. of the Interior, Bureau of Indian Affairs
February 10, 2015
Page 2
d. Zoning. The Property is zoned agricultural and is guided urban low density (0 to 4
dwellings per acre).
II. POSITION WITH RESPECT TO THIS APPLICATION:
The City does not object to the transfer of this Property into trust but does have a number of
comments:
a. Outlet Channel. An outlet channel which provides drainage for the region runs
through the Property. Although there is an easement and cost sharing agreement
relating to the outlet channel between the SMSC,City of Prior Lake,City of Shakopee
and the Watershed District the easement does not appear to be recorded against
the Property.An amendment to the easement correcting the legal description of the
unrecorded easement is recorded. The SMSC should be required as part of this
application to file the original easement with the County Recorder/Registrar of
Titles, as applicable, of Scott County. The City is concerned that the transfer of the
Property to trust will negatively affect the easement if (i) the easement is not
recorded and (ii) the BIA does not accept the easement as part of the transfer of the
Property into trust. The entire region relies on the easement for drainage and the
City encourages the BIA to ensure the survival of the easement if it takes the
Property into trust.
b. Use of ProperM. The Property has been used as a natural area available to the
citizens,including in particular the use of the Property as a YMCA camp for children,
many of whom are from the inner-cities of the metropolitan area, who otherwise
may not have access to natural areas. SMSC has used the facilities and natural areas
for supporting various youth programs. The SMSC has verbalized its intent to
continue the YMCA lease,however there is no assurance that such use will continue.
The City requests that the BIA consider the importance of this natural area to all
citizens and the impact if the SMSC changes the use of the Property.
III. CONCERNS WITH RESPECT TO FUTURE APPLICATION:
a. Cumulative Effect. The SMSC has actively been purchasing land within and
surrounding the City of Prior Lake and transferring that property to trust. The
cumulative effect of multiple transfers of property within and surrounding the City
into trust is significant. The SMSC has indicated that it currently owns
approximately 4122 acres in the Prior Lake/Shakopee area and that 1844 of those
acres are held in trust.
In Prior Lake,the amount is 1886 total acres owned of which 960 acres are in trust.
The SMSC has informed the City of its intent to transfer all property it owns into
trust. The continuation of trust transfers includes a substantial amount of property
and will have an extensive impact on the City's tax revenue, planning, operations
Regional Director, Midwest Regional Office
U.S. Dept. of the Interior, Bureau of Indian Affairs
February 10, 2015
Page 3
and ability to provide necessary services. The City requests that the BIA consider
the cumulative impact of trust transfers on the City of Prior Lake as shown below:
Trust Request Total Acres Total Acres in Total Acres Total Acres in
Date / Name Owned (PL) Trust (PL) this Request Trust After This
Request PL
1/20/15 1886 960 87 1047
YMCA
The City appreciates the BIA's consideration of these matters and encourages the BIA to
contact the City if it has additional questions.
Respectfully submitted,
Kenneth L. Hedberg
Mayor,City of Prior Lake
cc: Charlie Vig, Chair,SMSC
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SHAKOPEE MDEWAKANTON SIOUX COMMUNITY N Subject Parcel
Mdewakanton Cab hd6 ka Parcel Fee to Trust Request SMSC Fee Land
Plate 2
Subject Parcel Location SMSC Trust Land
Source:SMSC Spatial Data,Scott County GIS Miles Non-SMSC Land
0 0.05 0.1 0.2
United States Department of the Interior
BUREAU OF INDIAN AFFAIRS
Midwest Regional Office
Norman Pointe II TAKE PRIDE
5600 West American Boulevard,Suite 500 INAMERICA
Bloomington,MN 55437
IN Rrpix Rar_a To:
Division or Fee to Trust
TR-4609-P5
NOTICE OF (NON-GAMING) LAND ACQUISITION
APPLICATION
Pursuant to the Code of Federal Regulations,Title 25,INDIANS,Part 151.10,notice is given of the
application filed by the Shakopee Mdewakanton Sioux Community of Minnesota 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
property 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(S 1/2 NW 1/4)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 Bast 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 lst Addition, according to the recorded plat thereof, and situate in Scott County,
Minnesota.(PID No.250700330)
Parcel 3(West M.azario-6 acres):
That part of the North Half of the Northwest Quarter of Section 23,Township 115 North, Range 22
West of the 5th P.M., Scott County, Minnesota. (PID No. 279230017)
Proiect Description/Proposed)rand Use:
The Midwest Regional Office is under consideration of application for the transfer of real property held
by the Shakopee Mdewakanton Sioux Community of Minnesota to be transferred in trust for the benefit
of the Shakopee Mdewakanton Sioux Community of Minnesota.
The subject parcels are contiguous to existing trust and reservation lands. Trust acquisition of this land
will promote culturally based education activities for tribal members of the Shakopee Mdewakanton
Sioux Community of Minnesota that involves the protection,development and preservation of property,
wildlife and natural resources of the community. Natural areas are a diminishing resource within the
County,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 on
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,. Any comments received within thirty days of your receipt of this notice will be
considered and made a part of our record. You may be granted one thirty day extension of time to
furnish comments,provided you submit a written justification requesting such an extension with in
thirty days of receipt of this letter. Additionally,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,
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,
r
Regional Director
cc: By Certified Mail—Return Receipt Requested To Interested Parties:
Frank Boyles 9171 9690 0935 0036 0703 19
Prior Lake City Manager
4646 Dakota St. SE
Prior Lake,MN 55372-1714
cc: Regular Mail
Honorable Charlie Vig
Chairman
Shakopee Mdewakanton Sioux Community
1330 Sioux Trail NW
Prior Lake,MN 55372
Mr. Stanley Ellison,Land Manager
Shakopee Mdewakanton Sioux Community
2330 Sioux Trial NW
Prior Lake,MN 55372
January 8, 2015
United States Department of the Interior
Bureau of Indian Affairs
Midwest Regional Office
Attn: Regional Director
5600 West American Boulevard, Suite 500
Bloomington, Minnesota 55437
Re: Shakopee Mdewakanton Sioux Community Fee to Trust Application
Dear Ms. Rosen:
Pursuant to the Notice of Non-Gaming Land Acquisition Application("Application") dated
December 18, 2014 (received by the County on December 22, 2014). Scott County submits
this response to the request by the Shakopee Mdewakanton Sioux Community to have
approximately 93.34 acres of land(Parcel ID Numbers 259230100, 279230020, 250700330,
and 279230017), currently owned by SMSC, and placed in trust.
In response to the specific requests within the Notice:
• The three YMCA parcels (Parcel ID Numbers 259230100, 279230020,and
2507003302014)are currently exempt and the amount of property taxes levied on the
Mazario parcel by Scott County in 2014 was$555.53.
• Scott County does not have any special assessments currently assessed against the
properties.
• Scott County currently provides law enforcement services, correctional services,
prosecutorial services, and transportation(roads and transit) services to the Subject
Parcels. Many in coordination or conjunction with the City of Shakopee.
• Scott County does not exercise land use or other zoning controls over the Subject
Parcels,but does have some environmental regulatory function.
If you require any clarification or information on these comments, please feel free to contact
me at any time. Thank you for your timely consideration of these comments.
Respectfully submitted,
Gary L. Shelton,Administrator
Scott County Minnesota
SHAKOPEE
January 8,2015
Diane K. Rosen, Regional Director
United States Department of the Interior
Bureau of Indian Affairs
Midwest Regional Office
Norman Point II
5600 West American Boulevard,Suite 500
Bloomington, MN 55437
Re:Application to place the YMCA property(PID Nos. 259230100 and 250720330)in trust for the Shakopee
Mdewakanton Sioux Community(SMSC)
Dear Ms. Rosen:
The City received notice of this application on or about December 18, 2014. This letter is to inform you that
the City of Shakopee does not object to,or have any specific comment on the proposed trust application at
this time.
i'
Should you have any questions regarding this letter or related matters, please contact Acting City
Administrator Kris Wilson at(952)233-9312.
Sincerely,
bl
Mayor
cc:Shakopee City Council
COMMUNITY PRIDE SINCE 1857
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