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HomeMy WebLinkAboutCorrespondence re cisterns on property U Mike Gaffron From: GABRIEL JABBOUR [gabrieljabbour@msn.com] Sent: Monday, February 27, 2012 9:14 PM To: David Rahn (rahnx041 @umn.edu); Lili McMillan (lilim@mac.com); ahprintup; Cynthia Bremer; Doug Franchot (doug@franchotassociates.com); Jessica Loftus; Mike Gaffron Subject: FW: Update of Capping Big Island Cisterns -Three Rivers Park District Attachments: Cultural Resources Report Big Island (2).pdf FYI Gabriel I have been working with our Superintendent, Cris Gears, on developing a plan to mitigate the two open cisterns on Big Island. Things are never as simple as they seem. The short answer is that we will be capping the cisterns to close the holes in lieu of filling the holes at this time. We should have the work completed before winter. I would like to share with you our rationale for pursuing this direction. In 2010, our Board adopted the Park District's first Cultural Resources Management Plan (CRMP) to guide us in dealing with the identification and interpretation of cultural resources found on Park District properties and to ensure that the District was in compliance with state laws. We have tasked ourselves with reviewing possible historical/cultural implications prior to disturbing lands and buildings. We directed our Cultural Resources Coordinator, Bill Walker, to review the area around the cisterns on Big Island with the idea that we would move materials from the site into the cisterns to fill the holes. Bill considered our Management Plan guidelines, checked in with the State Archeologist's Office, and researched the property. He concluded that the cisterns are part of the Olaf Searle estate ruins (c.1887), and as such, the site should be treated as an archaeological resource. It is not that the cisterns themselves are of significant value, but the site and possible artifacts that may be found on the site could very well be important. The Park District, as a governmental agency charged with managing public land, is obligated to comply with requirements regarding archaeological resources as outlined in MN Chapter 138 (138.31-138.42). Per the statute, known archaeological sites located on public land, as well as sites identified as having a high potential for harboring unknown archaeological resources, fall under the purview of the State Archaeologist as ��state sites." As such, the Office of the State Archeologist (OSA) and State Historic Preservation Office (SHPO) must be informed of any work that has the potential of damaging these sites before the work is begun. If the District wanted to move forward in filling the cisterns from materials on site, we will need to submit a report of our plans to the OSA and SHPO for their review. We would not be able to proceed with any ground disturbing work at the site until both offices have responded to our report (generally within 30 days). Given the level of impact that the project would have on the site if we proceed as planned, Bill believes that neither OSA nor SHPO would approve the current plan, or they would require considerable field work in advance of the work should they grant approval. Considering these factors, the Park District has decided to use the alternative action of capping of the open cisterns to deal with the potential safety hazard. As time permits, Park District Cultural Resources staff will continue to assess the site and other remnant structures of the Olaf Searle estate and provide us direction on how to manage the site. In case you are interested, I attached a copy of the Cultural Resources Report, which includes some historic background on Olaf O. Searle. If you have any questions, please don't hesitate to give me a call. 1 r �� �i�e������ Associate Superintendent Parks and Natural Resources 763.559.6746 (office) 612.490.0828 (cell) www.threeriversparks.orq mdahlof(a�threeriversparkdistrict.orq z � To: Street File, 740 Big Island (Three Rivers Parks) From: Mike Gaffron, Asst. City Admin. Date: November 9, 2011 Subject: Cistern on Park Property - Information Only We received word today via Gabriel Jabbour that Three Rivers Parks (TRP) has installed a grate over the opening of the cistern on the TRP property at 740 Big Island, and a 4'-5' high fence has been placed around it. The cistern has not been filled in. Depth of the cistern is unknown, and its former use is unclear (don't know whether it was a water well, a sewage disposal system, or ???) We had requested TRP take care of this (fill it in) but apparently they determined it has some historical significance and cannot be filled in. , � '03-559-3287 11�.25:34am 09-28-201t 2i1 � Air. Lindholm �uoved the adopi•ion of �he foiiot�ing resolutzon, seconcled Uy D4r. Ludcl<e: WHEItEAS, •tiis Lake I�finnetonl:a Conservation District has recommended that long range plans for 3ig Island have the objecti�re o£ zaturnzn� to and Iceepzng the island in as natural a stata as is feasible and that it become a . pubZic park in tha system cf county parks of the Henne�in CounLy Park Resery�e District, an1 .:; iV'�iEREAS, the G�ea�er 1�4innetanka Councii desires to preserve Bi� Island in a n�t�r�l state as a public parl: and as a suitable memari.A1 to ➢r. Arthur �: Allen, {ou�der of tI�e Grsater Minnetonka Council, and ti+H-IEREAS, the Greaicor hfinnetonka Council will seek tl�e means t+hereby subsLani.ial portians of Big Island may be acquired and given for a natural. staze public pa;k, and jY�HkREt�S, the Village Council of Orono at its hiay 22, 1972 me�ting adogted a resolu�ion deciaring that the long rar_oe highest and hest use ior Big Island is for a publzc par',c, and - , 14TiHRB�S, tlie Village Cnuncil of �rono ac}Zowled�es that a Big Zsland p�blic park wou2d best be administ�red by an agency wa.th county-tuide responsibility and would approve of its managem�nt by the "rIe*�nepia County Park Reserva Distric�, and � 3v��REAS, the�I,and Acquisi�.ion and Policy Committees ,of the Board of Commiss�.oaors of the 2iennepin County Park � Reserve District recommends the desirabi2ity of the � inciusion of Big Tslanc� in the District's park system an3 recommends acceptanee of gi£ts nf Zand on Big Island providing such gifts are of sufficient siza in and of ihemse?ves or as such 7.and parcels may be joined tagether to form a suitably sized and conti;�uous who2e so as to create a desirable park, Nd�9, 'FHEREFORE, BE IT RESOLVED that the Bozrd of Commissioners of the Hennepin County Park Raserve � District agraes, tha.t Fzg Island should be presarved for public park purposes and furthermoxe thaic the Disicrict is willing to accPpt and manage gifts o� land on Big Tsland which are suitable for public park purposes su3}ecr to approval of i:ho Distric•z Cuurt as required by Minr_esota Sta�utes, Chantex 39G.09(b). htr. Gr�.thwol s�atad that from the ion� rsnge vieia there is no rea.l prable� on the isl�nd that we can foresee if it i.s not fiZled with prit�ata homes using pri.vata septic tanks and if•municinal services such as garbaga pick up can be provided.. One mnjor problom 3s gener3l litter. A4r. Ga�blo stated that Lhe Greater rtinnetonka Council . is not an,�ious �or critzcism but have not approached the owners because at tliis point� they did not know what to say. IIe added that before the idea can be sold, thex naed assuxance that the Dis�zrict �ri?I accept Ehe properties far public par3c purgoses. Howevex, he added� that if tha praposal runs in�a a considereble opposition, the Greater. hiinnetonka Council rtould retI2ink the matter. The resolution was an the questien and the roll was caZlod. Wz7.3iam �f. BakeT Absent George O, Ludc3ce 'fea �. J. B�onstad -Yea` Douglas A. Pearson `3ea Latvronce F. Haeg sent 3onn K_. Pi1ce - el a John Heimkes �Yea Ed�r%n Ra�acz .�`e'2'— C. Pau}. Lir_dholm -Yea— Russell H. Zalcariasen �ea Fred E. King '"�ea - AQOPTED JUNE 5, 1972 ADpFTED � /03 559-3287 ll:26�.i5 am, 0��-78-2011 3 ra r �-^-^----- M�•�c•c•v�•a. Form I�fo.43-M Mw�,.n,.i.co..l!tinrtr�poli.,Afino.__— Corporaclon to lndivldiut or CorponNon. allnne�Ma Uidlnrm Can•ynnunr LI.n4s(19JU. : �iji� �1n�benctc.re, �rado thia. ......l4th..................dau of.............J�Y................... ......., �g.�2_..., .........._.._. 6etween....�Se.k�Rpuli.Can...Eazk...Foundatinn................._.......................,......,...,..,...»............,...:..m........................_._..........._............M. s cor poratibn,under the Zawa or Eha State of.............Minneaota......_..........................., m.ortragor, a.nd.............._._.._ Firet National Bank of Wayzata� a corporation undeiC Che lacae of the State of Minneaota of Eha County of......:........��n.nepiR...............:..............., and Stata oJ.................Minaes.ata................,._...., mortQa�ca.._.., �1�hTC8�¢tfj� ThaL the e¢ul mortpa�or, im m�aideration af tke eum. of....._....................._..........__.......____ .........Eutty.-fiye...Thausand...aad_na/30.Q-.-.....-_..._..... . ......... .... . ,,�,�.,.�,�.,,.�..,..�.�.�.�.........,.,.......DOLtdI�S, to it in ha.nd pa.ul by Ehe aairl m,ort�agae...., the receipt whereof ia hereLF� ae7crwwledged, doea 7ureby Gr•ant, I�ar�ain, Sell, ¢nd ConuaJ mnfo the aaid mortFagea_...., .....3x61._eucCe8,9.oLs................_,...¢nrl ¢asi.Fna, Forevcr, aIl tha tracta...m•pu.rcel..:.s of land LJi.nd a.nd heina ia the CotcnE7�of..............]Lennepia•......._..__....__ ¢nd StaEa of.��finneaota,dcscribul a.s fnllaw,s, to-ruit: Par 1: That patt af Lot 3 lyi.ng Noztherly of the Northerly line of registered Land Survey No. 1294, in Secti,on 22� Trnmehip 117� Range 23, accord:ing to the llnited States Goyernment Survey thereof. Par 2: Tract C, Regietered Land Survep No. 1092� Files of Regietrar of 2Ytlea, County of Heanepin� except that part theraof embraced aithin Regiatered Land Surveq No. 1294 aad except the North 800 feet thereof as meaeured along the Easterlq line of Registered Land Survey No. 1092. ' / • � 1 � It ie expresaly underatood and agraed that the land herein described S shall ha known us the Dr. Arthur AJ.len Nildlife Sanctuary; that the mortgagae holds� ia sddi[lon to the demand note herein referred to, a pote eigaed by% individuals� as guarantora oE the payment of the demand aote herein referred to; that the liability of each of said gu.arantora sha12 be limited to the eum of money as guaranteed by each of eaid guaraatore, and acerued intezeat; that as funds aud money are received bq First National Bank o� Wayzata. iiayzata� Minnesota. auch funda snd monep ahall ba rnceivad bq aaid bank ae ageat ta apply to the lndebtedness� euch fuads and money Co be, in the fo=m of gifts. contzibutione or otherrilae and ehall be a�i�Slied to reduce the balmnca owing , to the mortgagee to pay intereet, taxee. if any� neceasary miscellaneous expenees, � end thea'to the rednction of the principal amount o►�ing. there6y raducing the Iiabill.tiea of Che guarantore proportionahly uatil the enCi.re liability of all • of tt►e guarantore hae been paid in fu21, at vhich time thia mortgage ehall be � satfaPied of record. � � � 7e3-ss�-3zs� � 11:26�.37a.m. 09-28-2011 4,•4 4 � _ $o �Ejsbt ana to �nFD dje �Si11C. Togethtr with thc hereditamrnts and appurtcnances thc� ing,to the said mortgngc� �.�tLS+SrwaaorQ and assigns, (orever. And the said mortgagor i� saeeascrs and usigna does covmant with the said•moztgaHta----.--.�Sa-As'�'�'pA��B--�nd assigns. That it is lamfnlly seixed oC said p�cm�sa and haa good right io scll and convey the samc; that tLt same a� all incumbrancn, -- - � � - -- r that the murtgagec....-_,jts.-StICCCs8oL8 '^d assigns,shall quietly rnjor and poseus'the same; : mortgaQor will Warrant and Defond the title to the same ngaiost all.lawful elaims not hereinLeEore txpress �?robi'De�, �rbeet�jele8g, That iF the eaid mort�agoq ib nucceason or assigne,ahall paT [o th ��! „ i[B BLL�CP.�8oi8 or assiqns, the sum of _ portv-fiqe Thousan4L_and no_,(10^ - - _ _ aceordiae to the terms oL Prtnupal promissory note—oE even date here�v�th due oa demand _ - � . ,. - ' �rith interest thvcon at the nte of S ?5 _pa cent per an�um._�QfiyAf+tn nn.depfan�--- ezecated 6y the said mort�agor,and �yable to the order of said mortgagee_at..�SpZdCBy-�UnEBG :nd shall reyay ta said mortgagee___,_--1L8-HUECeBa^Ta--..-or assigns at t6e times and with interest a _ sper�6ed,sil sums advanced in prolectinQ the lien of this moitgago, in pnyment of taxes on said p�cmisc premiams coverina buildings thereon,princ+pal or interest on any prior liens,ex➢enres and a[torncy's fces he� ior the snms advanacd [or any other purpvse authorized herein,and nhall keep and paiorm allthe covcnam menb herein contain�d, then this deed to 6c null and voicl,and to be relcaacd at the mort�gor's cxpensa AND THE TfORTGAGOR,for itsclf,its suceessa�s and aszigns, does hereby covrnant and agr�ee wi �gm �t8 BUCCeH80lB �nd aasigna,to pay tbe principal sum af moncy and interest as above pa�ntl tarzes and assessments now due orthat may 6ernfter becomc liens against said premises at Inst tcr pmaltp athches dureto; to kecp any buildin�s on said preanises insnrcd 6y companies aPproved by the m against foss b�fire for at.least the mm of�.�49�P �!�E!�P..�.§...�_.. . pollnre and against los�by windsturm for at Ica- n���OX�IACIa�A_T + Dol{ars, and to ddivcr lo said mort�;a�ee_..__ for snch insunnce w•it9 mortgagt clause attached in [avor oE said mortgagee__or..._.-_..�.��• 'cs vhen dae,Aoth principal and inte�t.at of ali prior licns or incumbrancc�,if any,above menti�ned,a�d to kc� isu free and clear oE a11 othv prior liens or incumbranees:to cammit or permit oo waate on said Dremisca