HomeMy WebLinkAbout5.D.3. Approval of Memorandum of Understanding for the Acknowledgement of Public Authority Responsibility
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CITY OF SHAKOPEE
Memorandum COlJsr~JT
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TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Approval of Memorandum of Understanding for the
Acknowledgement of Public Authority Responsibility
DATE: March 20, 2007
INTRODUCTION:
Attached is a Memorandum of Understanding, as prepared by the Shakopee
Mdewakanton Sioux Community (SMSC), for their long range Transportation Plan. City
Council is being asked to enter into this agreement acknowledging routes in the City of
Shakopee that serve the tribal community, tribal businesses and tribal member homes.
BACKGROUND:
The SMSC has been working on a long range Transportation Plan and desires to submit a
Memorandum of Understanding to the Bureau of Indian Affairs (BIA) in order to obtain
funding for improvements to roadways that serve the tribal community, tribal businesses
and tribal member homes. In the agreement, several routes are listed with one route in
the City of Shakopee that serves the Sioux Community is McKenna Road and
approximately 1.06 miles in the City of Shakopee. McKenna Road is currently a public
road that is maintained by the City of Shakopee and should be in the City of Shakopee's
jurisdiction for the foreseeable future. By signing this agreement, the City acknowledges
that this roadway will remain open to the public for travel and would be eligible for
funding for improvements, if funding becomes available by the BIA.
Staff has reviewed this Memorandum of Understanding and believes that this agreement
could result in additional roadway funding to improve a roadway that is under the City of
Shakopee's jurisdiction.
ALTERNATIVES:
1. Authorize the appropriate City officials to execute the Memorandum of
Understanding for Acknowledgement of Public Authority Responsibility between
the Shakopee Mdewakanton Sioux Community, City of Shakopee, City of Prior
Lake, Scott County and the Bureau of Indian Affairs.
2. Do not execute this Memorandum of Understanding.
3. Table for additional information.
RECOMMENDATION:
Staff would recommend Alternative No. 1, to execute this Memorandum of
Understanding to obtain possible Federal funds for McKenna Road.
ACTION REQUESTED:
Authorize the appropriate City officials to execute the Memorandum of Understanding
for Acknowledgement of Public Authority Responsibility between the Shakopee
Mdewakanton Sioux Community, City of Shakopee, City of Prior Lake, Scott County
and the Bureau of Indian Affairs.
BUpmp
ENGR/2007COUNCIUMEM-UNDERSTANDING-SMSC
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Bruce Loney
From: SMSC Land Department [ccland@shakopeedakota.org]
Sent: Friday, March 09, 2007 3:02 PM
To: Steve Albrecht; Leslie Vermillion; Bruce Loney
Cc: Jeff Weyandt
Subject: BIA Transportation Plan
Attachments: transportatioin _plan _ mou .doc
We are completing the BIA portion of our Long Range Transportation Plan. This plan acts to list roads that are
critical to the SMSC's existence. Some are tribal roads, some are also county or city roads. We are allowed to
add the county and city routes as long as the jurisdiction agrees that they are public routes under their
jurisdiction. Adding the routes allows us to get funding from the BIA set aside of federal highway dollars. These
dollars are separate from any you might get from the federal government. Any way we can recapture some
funding for our roads is a positive step
In order to add these roads, we need the attached document executed by your jurisdiction. Please contact me if
you have any questions. This is time sensitive. They recently downgraded this requirement from a full
maintenance MOU to this form. The issue is that they need the document ASAP.
After the BIA portion of the plan is complete we will be completing the SMSC portion. At that time I will be
circulating the plan for comment.
Thanks for your help.
Stan Ellison
Shakopee Mdewakaknton Sioux Community
Land and Natural Resources Manager
952 -496-6158 (office)
612-694-6982 (cell)
3/1212007
Acknowledgment of Public Authority Responsibility
This Memorandum of Understanding is by and between the Shakopee Mdewakanton Sioux Community
(SMSC); the City of Shako pee, MN; the City of Prior Lake, MN (Cities); Scott County (County) and the
Bureau of Indian Affairs (BIA).
Whereas, the routes listed below in the City of Shako pee, MN, the City of Prior Lake, MN and Scott
County, MN are important to the SMSC, in that they serve the tribal community, tribal businesses and
the tribal members' homes; and
Route Owners Route Number Route Name Route Length Township, Range, Section
City of Shakopee, MN 6 McKenna Road 1.06 Tl15N, R22W, S22
City of Prior Lake, MN 6 McKenna Road 0.62 Tl15N, R22W, S15
Scott County, MN 17 Co. Rd. No. 17 3.60 Tl15N, R22W, S9, 19,29 & 32
Scott County, MN 83 Co. Rd. No. 83 3.90 Tl15N, R22W, S5, 16,21,23,28 & 33
Scott County, MN 21 Co. Rd. No. 21 2.80 Tl15N, R22W, S27 & 34 +Tl14N, R22W, S2
Scott County, MN 16 Co. Rd. No. 16 1.06 Tl15N, R22W, S15 & 16
Scott County, MN 42 Co. Rd. No. 42 4.55 Tl15N, R22W, S27, 28 & 29
Scott County, MN 82 Co. Rd. No. 282 2.64 Tl15N, R22W, S32, 33 & 34
Whereas, the above-listed routes will continue to be owned by the Cities and County and will remain
open to the public for travel; and
Whereas, the SMSC has an interest in ensuring these routes are maintained and in adequate repair.
Now Therefore, the SMSC the Cities, the County and the BIA agree when and if adequate funding for
improvements to the listed routes becomes available and any of the Cities' and County's listed roadways
become an approved project for the SMSC.
1. The SMSC will enter a subsequent Memorandum of Understanding (MOU) with the Cities or
County to jointly determine the type, scope and limits of improvements that could be implemented on
the listed roadways owned by the Cities and County using said funds.
2. The BIA will contract with the SMSC for needed improvements in accordance with applicable
federal regulations under separate contract.
3. If needed improvements are made to any of the listed Cities' or County's routes, the Cities or
County will continue to own the route and will continue to be responsible for maintenance.
4. This MOU is binding upon the signatories hereto not as individuals, but solely in their capacities
as officials of their respective organizations and acknowledges proper action of the Cities, County, the
SMSC and the BIA to enter into the same.
5. This MOU will become effective as of March 19,2007, unless otherwise noted below.
Acknowledgment of Public Authority Responsibility
SMSC BIA Long range Transportation Plan
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Signatory Page to Acknowledgment of Public Authority Responsibility
BUREAU OF INDIAN AFFAIRS
By: Date:
Title:
CITY OF PRIOR LAKE, MN
By: Date:
Title:
CITY OF SHAKOPEE, MN
By: Date:
Title:
CITY OF SHAKOPEE, MN
By: Date:
Title:
SCOTT County, MN
By: Date:
Title:
SHAKOPEE MDEW AKANTON SIOUX COMMUNITY
By: Date:
Title: Tribal Chairman
Acknowledgment of Public Authority Responsibility
SMSC BIA Long range Transportation Plan
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