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Home My WebLink About13.F.2. Update-SMSC Land Holdings in Shakopee i 13. f;:L/ CITY OF SHAKO PEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Update - SMSC Land Holdings in Shakopee DATE: November 29,2007 INTRODUCTION: At the December 4th City Council meeting, staff will make a presentation on the amount ofland currently owned by the SMSC in Shakopee and immediately adjacent in Prior Lake. BACKGROUND: On October 29th, the City Council made a decision to appeal the ruling of the Bureau of Indian Affairs to take approximately 752 acres ofland owned by the Shakopee Mdewankanton Sioux community into Trust. The majority of this property is in Shakopee; there are also smaller parcels within the City of Prior Lake. This is information that is being presented so as to gain a better perspective as to what the impact of this is on Shakopee, and to perhaps better show why it was felt to be necessary to challenge the Fee To Trust decision. Relevant points of the history of land acquisition and Fee to Trust designation of the SMSC are as follws:: 1886 - 258 acres provided to SMSC. 1969 - SMSC recognized under Federal Law as tribal government. 1995 - SMSC applied for Federal Land Trust status for 593 acres of former MWCC property; the application is subsequently withdrawn. 1997 - A reapplication for 593 acres to be placed into Trust status; denied by the BIA in October 1998. 2000 - SMSC reapplies for776 acres to be placed into Trust status, adding parcels in Prior Lake. 2005 - The City of Prior Lake drops opposition to the application for lands within its city. June, 2007 -752 acres given approval by BIA to be placed into Trust status; September, 2007-Publication of Decision made in Federal Register October 29,2007 - City Council votes to appeal Fee to Trust decision; Scott County Board votes not to appeal. In summary, the amount ofland in Shakopee currently controlled by the SMSC either through its ownership or the Federal government's ownership ofland in trust now totals about 1,594 acres (about 2.49 square miles), which is equal to about 10 percent ofthe potentially developable land remaining in the City of Shakopee. Following the most recent Fee to Trust decision, there are another 722 acres ofland that have been acquired by the SMSC since 1994 that can (and likely will) be the subject of future trust acquisition requests. This only accounts for the land that has been acquired to date; there is every reason to believe that the SMSC will continue to acquire additional acreage in the City in the future, and that these lands, too, will be the subject of trust requests. IMP ACT ON THE CITY OF TRUST STATUS: Each time land parcels within the City go into to trust status, there are impacts on the City and its residents: . The lands are de facto outside the City in that the City has no regulatory or taxation authority over them and the way they will be developed and used. . Because of the location of the trust lands, the City is or may be unable to make use of existing regional and City utility infrastructure to accommodate development, and thus is unable to recoup any of its public investments. . The pace, location and cost of acquisitions by the SMSC make it difficult to plan for important new public investments by the City and ISD 720. An example involves the recently opened Eagle Creek Elementary School (adjacent to one of the former Shutrop family properties acquired on October 11 th) which was located to serve residential development that was anticipated to occur around it. This development will not now occur, and ISD 720 will be faced with higher transportation costs to bus more students to this building. In addition, planning for future parks, fire station sites, and sewer and water utility locations by the City and SPUC are made more difficult. The attached map shows several different classifications ofland owned the SMSC: . Land already in Trust . Land not in Trust acquired prior to 2005 . Land not in Trust acquired post-2005 . The Trust application in question (657 acres of752 acres are in Shakopee. ) RELATIONSHIP TO VISIONING: Because there is no action requested, this is not directly related to Visioning Goals. However, awareness ofthe impact ofthis issue does affect Goal D: "Vibrant, Resilient, and Stable" ACTION REQUIRED: There is no action requested of the City Council. This is presented for informational purposes only. 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