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Home My WebLink About7. Approve a Memo of Understanding (MOU) with the Shakopee Mdewakanton Sioux Community _SMSC Construction of Valley View Road from McKenna Road to CSAH 21 and Associated Grading General Business SHAKOPEE • TO: Mayor and City Council Mark McNeill,City Administrator FROM: Bruce Loney,Public Works Director DATE: 10/23/2013 SUBJECT:Approve a Memo of Understanding(MOU)with the Shakopee Mdewakanton Sioux Community (SMSC)Construction of Valley View Road from McKenna Road to CSAH 21 and Associated Grading (D) Action Sought Approve a motion authorizing the appropriate City officials to execute the attached memo of understanding with the SMSC for Valley View Road construction and maintenance from just east of McKenna Road to CH 21. Background Valley View Road is shown with City's transportation plan as a minor collector running east/west.The SMSC has prepared plans for adding residential lots in trust land and would like to construct Valley View Road from McKenna Road to CH 21 starting this fall. Later the SMSC would like to construct Valley View Road from CH 83 to McKenna Road possibly in 2014. A portion of Valley View Road would be built in fee land and a portion of trust land. The SMSC is proposing to construct this roadway to meet the transportation needs of the area at their cost and to operate and maintain this roadway at their cost.This roadway would be open to the public per SMSC land manager with language added in the MOU addressing this provision. Attached is a drawing showing the proposed development in trust land and alignment of Vally View Road. The SMSC would also like to grade future area in"fee"land to accommodate future lots and storm water ponds. This grading can be done with a grading permit. Also,the SMSC would like to make a connection to McKenna Road and extend their watermain in McKenna Road right of way. This work can be handled by a right of way permit. The SMSC is currently planning for a roundabout at the intersection of Valley View Road and McKenna Road and that connection along with the construction of Valley View Road to CH 83 would be part of a future MOU. The Memo of Understanding outlines what the SMSC will do for the construction and maintenance of Valley View Road between CSAH 21 and McKenna Road." City attorney Jim Thomson has reviewed the MOU which has been prepared by SMSC attorney staff. Staff has reviewed the plans for Valley View Road as prepared by Bolton&Menk for the SMSC and is comfortable with the design to meet the needs of the traffic for now and in the future. Also,staff has reviewed the design to meet the storm water requirements in the City's and SMSC's Joint Powers Agreement on the Prior Lake Outlet Channel. Recommendation Staff would recommend approving the memo of understanding for Valley View Road as it meets the needs of a collector in the area and the public would be able to utilize the road. Budget Impact No impact to budget as the cost of constructing and maintaining Valley View Road would be done by the SMSC. Relationship to Vision This supports Goal D: Maintain,improve and create strong partnerships with other public and private sector entities. Requested Action Approve a motion authorizing the appropriate City officials to execute the attached memo of understanding with the SMSC for Valley View Road construction and maintenance from CH 83 to McKenna Road and further to CH 21. Attachments: MAP#1 MAP#2 MAP#3 MOU Exhibit A MCKENNA ROAD .......... -------- -- 0 Ln m m ------------ -------;u__ 0 > ------------ 5 TREET B, SMSC TRUST LAND SMSC FEE LAND J ------- it 0 > Y4 0 - ----------- Ln K Ln LA K 0 to m < 0 m -n rn 0 -0 m C: K :10 x m n m z > o ow --------------- Cf) 5, 0 CD if *1 CD CD 0 CD �n;j 5 rnmDDD�a 0 0 CD 0 0 0 0-a D) p> IL C)m x O x (D Zj,u =. .- =1 M (D CD Q< J Er 0 4 w -n Vi (D 4 5�F�F�E.5� (D C c c c c r 0 i4 55 Q (D Er >> CD (D 3 m C, INN n (D E;(D it C (D we ED CL (D co 3 �,Xkl o t p x +CD to (D SU GI 'k ! ---- �j k.F. S n • O A �] w D O _ o k, —i •` n Un go Cn #i4� �k � � ■ m � f��jZ IwGKFV+n aono I _.. ' mcKruHr.nrnn + o � m T bo - NON �, m"_.... F r W l e p5 �5 ,� inn-.CC�-i� ll G C1n�pDC �NDm D O mI,� m nF0 Z Z D L^g -O G��F2Pmr�- Zr..<4 ti$<_ m s Do4v G,D n I i Q�+E c1 zsa�a� ad 11 at Kz. ? Ngm n zi zmAO�z i�P am Ao�o�o,?c 3 N9N NFS DY- & b UGz°OFoy Y Y m MEMORANDUM OF UNDERSTANDING BETWEEN THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY AND THE CITY OF SHAKOPEE, SCOTT COUNTY,MINNESOTA FOR CONSTRUCTION MAINTENANCE AND OPERATION OF A ROADWAY This intergovernmental Agreement is made this day of October 2013,by and between the Shakopee Mdewakanton Sioux Community, a sovereign Indian Tribe, federally recognized and organized under Section 16 of the Indian Reorganization Act of 1934, 25 U.S.C. § 461 et seq. (hereinafter"Community") and the City of Shakopee, Minnesota, a body politic and incorporated under the laws of the State of Minnesota and is located in the County of Scott, State of Minnesota(hereinafter"City"). WHEREAS,the City recognizes that the Community's retained and inherent sovereignty requires the City to interact with the Community on a government-to-government basis; and WHEREAS, the City and Community recognize a joint need to construct and maintain safe roadways fulfilling the goals and objectives defined in the City's and Community's transportation plans; and WHEREAS, the Community and City desire to cooperate on issues of mutual concern that will encourage and enhance the government-to-government relationship between the City and the Community; and WHEREAS, as part of an intergovernmental cooperative effort,the Community's General Council has authorized expenditures for the specific City road improvement project described herein and has authorized the Tribal Chairman to execute an intergovernmental agreement between the Community and the City for the purpose of setting the terms between the Community and the City on the project; and WHEREAS,the Community intends to ultimately construct Valley View Road from Scott County Highway 21 west to Scott County Highway 83 through property that is either held in trust by the federal government in favor of the Community or owned in fee by the Community; and WHEREAS, the Community desires to construct at this time the segment of Valley View Road from Scott County Highway 21 to McKenna Road. NOW, THEREFORE, in order to further the government-to-government relationship that exists between the City and the Community, and to meet the public's need for safe roadways serving the City and the Community, the Community and the City hereby enter into this Memorandum of Understanding, as follows: 1 Proiect Definition Statement. The Community, as a sovereign government entity, and the City, a political subdivision of the State of Minnesota,agree to cooperate on a government- to-government basis to complete the following project: Construction of Valley View Road: A project to construct Valley View Road west from Scott County Highway 21 to McKenna Road. The total right of way for the project is held by the Community as either land held in trust for the Community or land held in fee simple absolute by the Community. The portion of the right of way that lies on land held by the United States Government in trust for the Community is under the civil and regulatory jurisdiction of the Community for all purposes. The portion of the right of way that lies on land held in fee simple absolute by the Community is in concurrent jurisdiction of the City and the State of Minnesota. Exhibit A hereto shows the lands and their status as of the date of this Agreement. Agreement. The Community and City hereby agree as follows: Item A The Community will cause the design and construction of the Valley View Road Project at the sole cost of the Community. Such design shall include layouts, sections, construction plans,any necessary signal design work and ponding design work. Such work shall conform to Minnesota Department of Transportation State Aid Standards. Before beginning construction of the Project, the Community will submit the plans and specifications for the Project to the City for review and comment. Item B The Community will put out for and let a bid for construction of the Project, subject to the Community's normal practices for such bidding. The Community shall administer the construction contract, let and award the contract and provide a construction manager at the sole cost of the Community. Item C The Community shall provide the construction surveyor,material testing and inspections at the sole cost of the Community. Item D The Project road segment is identified as a future road on the Community Bureau of Indian Affairs Indian Reservation Roads Inventory. After completion of the Project,the Community will have the road segment identified on said inventory as a completed segment, and the Community will be responsible for ensuring continuous public access and use of the road. Item E If the City requests any improvements or additions that are solely for the City's benefit or if any costs arise that would normally be shared with the City, such as signal costs,the City shall pay those costs. Item F After construction is complete,the Community shall bear the cost of maintenance for the Project roadway segment. 2 Item G Signage and traffic control on the Project roadway segment shall conform to Minnesota Department of Transportation State Aid Standards. Item H The Community shall coordinate and permit the connection of the Project roadway segment at its intersections with Scott County Highways. Item I Traffic control on the Project roadway segment shall comply with relevant federal, state, Community and City law. Notice. Notice provided under this MOU shall be in writing, signed by the officers signatory to this MOU or their successors, and shall be sent by Certified Mail, Return Receipt Requested, to the parties at the following addresses: To the Community: Chairperson Shakopee Mdewakanton Sioux Community 2330 Sioux Trail N.W. Prior Lake,MN 55372 To the City: City Administrator City of Shakopee 129 Holmes Street South Shakopee,MN 55379-1328 Sovereign Immunitv No Tax and No Continuing Obligation. Nothing in this Agreement shall be or is meant to be a waiver of the Community's sovereign immunity from suit. Any payments made by the Community or benefit accruing to the City pursuant to the terms of this Agreement is not a tax,is not meant to be a tax and is not to be construed as a tax. The terms of this MOU or any actions taken pursuant thereto do not create any continuing obligation on the part of the Community to make payments to the City. SHAKOPEE MDEWAKANTON SIOUX COMMUNITY By Date Charlie Vig, Chairman CITY OF SHAKOPEE By By Brad Tabke, Mayor Mark McNeill, City Administrator Date Date 3 1 7, tP ' ji f 1 4 t 1 r f 1 IJ ik VNN3J17W