HANCOCK -- The Hancock City Council will hold its regular November meeting at 7:30 p.m. on Wednesday, Nov. 7, in the City Hall council chambers. The date was changed from Nov. 21 to avoid interfering with deer hunting season. The meeting will be preceded by a work session at 6:30 p.m. and, at 7 p.m., the Annual Organizational Meeting, which will include election by the Council of a mayor and a mayor pro-tem for a one-year term.
The present Mayor, Barry Givens, and the present Mayor Pro-tem, Bill Laitila, are both eligible for re-election.
The public is invited to address the Council with any concerns during the public comment period at the beginning of the regular meeting.
At the Oct. 17 City Council meeting, the administrative report included mention of a legal Opinion on City Park Land Description in the form of a letter from City Attorney Don Hiltunen. City Manager Glenn Anderson sought the legal opinion in response to comments and letters from local residents concerned about a potential sale of city-owned acreage in Government Lot 5, which includes land along Swedetown Creek and waterfront property on the Portage Waterway. Many residents have addressed the Council with the request that the area of Government Lot 5 near Swedetown Creek be preserved as a public park and recreation area.
The letter from Hiltunen states, in part, "Section 14.3 of the Charter indicates that all property purchased or sold by the City must be approved by 5/7 of the Council. This section also states that no existing park after adoption of this Charter (August 2, 1988) may be sold unless approved by the majority of electors."
Noting that no new parks have been created by the Council since Aug. 2, 1988, Hiltunen also points out that since the Charter or Ordinances do not mention "how land is to be a park," a majority vote of the City Council would be needed to determine this.
Potential park at Swedetown Creek offers community stewardship opportunities
Evan McDonald, executive director of the Keweenaw Land Trust, has offered comments at recent City Council and Planning Commission meetings concerning the possibility of establishing a nature park at the mouth of Swedetown Creek. At the Oct. 17 City Council meeting, he addressed the Council with several suggestions for community stewardship of such a park.
"I am pleased to learn that there may be a simple and effective way for the City Council to establish a nature park at the mouth of Swedetown Creek," McDonald said. "I hope you can begin your deliberations to accomplish this goal. Establishment of a Swedetown Creek Nature Park with broad community involvement could be a tremendous cooperative success. With the City's commitment and partnership, the Council could accept the offer made by the Copper Country Audubon Club to provide financial support and volunteer assistance to effectively steward that nature park."
Terry Monson, a member of the Hancock Planning Commission, said it appeared to him that the Council has tabled the potential land sale and he was glad to hear of the Audubon Club’s offer of funds and stewardship.
"I voted against the sale of the property and the compromise division of the property," Monson said, "and I’m hopeful that the Audubon Club takes it on as a project."
McDonald also mentioned other community resources for stewardship of a City nature park.
He noted a proposal by the Western UP Center for Math, Science and Environmental Education and the Copper Country Intermediate School District to establish the Lake Superior Stewardship Initiative.
"This effort would establish community partnerships with the K-12 schools to learn about and protect natural resources in the area," McDonald explained. "Students could learn about important habitats like the Swedetown Creek and the fragile wetland habitats nearby and then take action in partnership with community organizations to restore or enhance those habitats to contribute to the overall health of Lake Superior."
McDonald also mentioned The Michigan Tech University Wetlands Society, a student organization looking to raise public awareness about the importance of wetlands. A nature park at Swedetown Creek could be a community project that would offer their group opportunities for resource stewardship, habitat restoration and public education, he said.
Noting the Keweenaw Land Trust recently hosted the regional Boy Scouts Rendezvous, with special emphasis on learning about the stewardship needs of nature preserves and parks in the area, McDonald indicated the Hancock troop might also be interested in participating in stewardship at Swedetown Creek.
"Learning about proper trail construction and maintenance, controlling invasive plants and restoring vegetation is a way the Scouts can help the public enjoy natural areas in a sustainable way," McDonald said. "Our hope is that the Hancock Scouts will adopt the Nature Park at Swedetown and apply their new skills to benefit the entire community."
Council to research documents related to Swedetown Creek issue
At the Sept. 19 City Council meeting, Pat Toczydlowski addressed the Council concerning a 1941 deed from the State of Michigan that conveyed the property to the City for $1 with the understanding that it be used solely for park and recreational purposes. The deed included a reversion clause that provided for returning the land to the State of Michigan should it not be used for these purposes.
Toczydlowski also noted that while a May 2003 Quit Claim Deed reversed the reverter clause of the original deed, the City, in accepting the deed, is bound to use the land for recreation while owning it, sell the property for fair value only when the city no longer needs the land and report to the State how sale proceeds are to be handled by the County Treasurer.
"Need is not defined and could serve as a basis for a lawsuit regarding a sale for other than park and recreational purposes," Toczydlowski added.*
So far the Government Lot 5 land sale issue does not appear to be on the Agenda for the Nov. 7 meeting.
Lisa McKenzie, councilor at large, explained that the City needs to research the issue with professional assistance.
"The Council members are interested in finding out what all the documents mean (including the two deeds and the City Charter) and what the City’s responsibilities are in regards to these documents," McKenzie said.
Old Business to be discussed at the Nov. 7 meeting includes, among several items, a design update on the Water Project, a Leak Detection Report, and information on the MSHDA (Michigan State Housing Development Authority) Rental Rehab Program.
Under New Business, the Council will consider adoption of a Resolution declaring intent to issue Revenue Bonds and a declaration of Intent to reimburse for $3,550,000 the Water Bond issue at 2.5% interest. Council members will also consider appointing Bill Laitila, councilor and present mayor pro-tem, as City Council Representative to the Portage Lake Water and Sewer Authority Board to fill the unexpired term of Barbara Clark.
* See our Oct. 16, 2007, article "Hancock's Swedetown Creek area may become public park, following 1941 deed."
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