Also on the Agenda, as part of the Administrative Report, will be a presentation from Ron Haataja, PS Licensed Surveyor, on a gravel estimate process for Government Lot 5.
In October, the City received a letter from Patrick Thornton, president of Superior Sand and Gravel, Inc., concerning an agreement between the City of Hancock and Superior Sand and Gravel, Inc., in which the City agreed to sell and his company agreed to purchase material from a portion of Government Lot 5 located above the 730 ft. contour.
The area is included in what some Council members and many residents consider to be a park that includes a portion of Swedetown Creek. The agreement between the City and the company was made in 1980.*
Swedetown Creek, located in Government Lot 5. This photo was taken on Nov. 1, 2008, from the hiking trail on the west side of the creek near its mouth at the Portage Waterway. (Photo © 2008 Gustavo Bourdieu)"Since it has now been determined that the material was never the city's to sell, it is our attorney's opinion that the City is in breach of its contract," Thornton writes in this letter, dated Oct. 22, 2008.
Thornton notes also in the letter that he instructed Haataja of Hitch, Inc., to survey the parcel in question before the onset of winter so that the results can be used in financial calculations. Thornton proposes sharing the cost of the survey with the City (Each would pay $1000).
In this Oct. 22 letter, Thornton states that is considering these options:
"1. Determine the value of our lost profit resulting from mining and selling the material and ask the City for that amount.
"2. Determine the value of our lost profit and apply it towards the acquisition of other property within the City."
Thornton also says in the letter he is open to discussing other suggestions.
A letter from Hitch, Inc., dated Oct. 20, 2008 states that they understand both Superior Sand and Gravel and the City of Hancock would like to know the volume of material above the 730 foot contour line in Government Lot 5, Sec. 28, T55N R34W.
At their Nov. 19, 2008, meeting the Hancock City Council approved a motion to invite Haataja to the December meeting to discuss the survey, scope of work and content of the report.
The Agenda for the Dec. 17 meeting also includes an item that the Council consider participating with Superior Sand and Gravel for ½ cost of the gravel material survey for Government Lot 5.
For several months citizens have been waiting for the City Council to act on the Council's Swedetown Creek Ad Hoc Committee recommendation that Government Lot 5 be recognized as a park.
At the Nov. 19, 2008, Hancock City Council meeting students from Heather Bradway's Hancock Middle School science class present a report on their study of the water quality and environmental aspects of Swedetown Creek this fall. Their slide reads: "How Does This Affect us? What we do in the Swedetown Creek watershed will also affect Lake Superior and eventually the entire Great Lakes watershed." Council members Lisa McKenzie and Tom Gemignani are pictured at left. Click on photos for larger versions. (Photo © 2008 Michele Bourdieu)Last May, Lori Underwood, Land Use specialist for the Department of Natural Resources (DNR), wrote to Councilor Tom Gemignani, chair of the Ad Hoc Committee, stating, "The State of Michigan retained the mineral rights for this parcel, including sand and gravel, as described in the enclosed (1941) deed. In 2003 when the reverter clause on the public use deed was released, the minerals were not included. As such, any sand and gravel, or other mineral extraction, will require approval from the Department of Natural Resources."
At that time, Thornton told Keweenaw Now he was not aware of the DNR letter. He did express his willingness to work with the community and his support of recreational activities near Swedetown Creek.*
Council members Lisa McKenzie and Tom Gemignani, both members of the Ad Hoc Committee, have said that the Council has been reluctant to vote on confirming the park status of Government Lot 5 because of the sand and gravel issue and also some ownership issues concerning a house and a shed located on the property.
The Hancock City Council discussed the Swedetown Creek/ Government Lot 5 issue in a closed session, but they have not released the content of that discussion to the public.
According to City Manager Glenn Anderson, release of that information would require a vote of the Council.
Editor's Notes: * For background on the Swedetown Creek / sand and gravel issue, see our May 20, 2008, article "Hancock's Swedetown Creek 'issues' include mineral rights."
Newly elected Hancock City Council Member John Slivon, representing Ward III, expressed his strong concern for conserving public recreation land in Hancock, giving the example of the Government Lot 5 issue, in a Viewpoint article published on Oct. 28, 2008 on Keweenaw Now.
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