Cook County News Herald

Commissioners clash over who should handle landlocked property issue




Commissioner Garry Gamble was ousted from the “Cartway Committee” at the county board meeting on October 15, 2013.

On October 8, Commissioner Gamble and Commissioner Heidi Doo-Kirk had offered to work with property owner John Scheef on options for dealing with a landlocked 80-acre parcel he owns on the hillside above Grand Marais north of Highway 7, east of Brandon Lane, and southwest of the Old Ski Hill Road.

Over the past several years, Scheef has made various unsuccessful attempts to gain access to his property, which is bordered by federal, county, city, and private land. Last week the county board decided to revisit Scheef ’s previous offer of a land exchange. Another option was an extension of Old Ski Hill Road that would lead to the property.

On September 24, Commissioner Hakes had suggested that if they approved a roadway to Scheef ’s property, it wouldn’t have to be a road that would meet standards for a planned unit development, and on October 8 she stated that she would be comfortable granting Mr. Scheef a cartway that could not be used as a road. She indicated that she did not want people to purposely buy inaccessible land with the intention of trying to get the county to do something that would make the property more valuable to them. County Attorney Tim Scannell later sent commissioners information indicating that a cartway, which must be at least 33 feet wide, would have to give a property owner “meaningful access.”

On October 8, Commissioner Gamble said he hoped they could find a solution that wouldn’t compromise what they want for the hillside above Grand Marais. “The big issue,” said Commissioner Garry Gamble, “is how we want our community to look: where we want development and where we don’t want development to happen.”

A change in assignment

On October 15, Commissioner Sue Hakes told the board that Scheef ’s property is in her district and she wanted to be on the committee.

Commissioner Gamble, who had already started working with Scheef on options, pointed out that commissioner assignments are not necessarily divided up by district.

Commissioner Heidi Doo-Kirk said the Old Ski Hill Road is in her district.

“I feel entirely comfortable handling this,” Commissioner Gamble said.

Board Chair Jan Hall said assignments are usually given to the commissioners in the districts that pertain to the assignment and added that a tower issue was taken away from her because of that. She said she thought Commissioner Hakes should be given the opportunity to be on the committee.

Commissioner Gamble said a lot of things are going on in his district that he doesn’t have the opportunity to sit on committees for.

Commissioner Hall told Commissioner Gamble that he should request to be on those committee then if he wants to be on them.

Giving a commissioner this assignment based on his or her district would be using a different rationale than the rationale used for other assignments, Gamble said.

We shouldn’t be doing that then, Commissioner Hall said. If it’s in your district, then you should be on the committee, she said.

That can be a benefit—or not, said Gamble.

County Attorney Tim Scannell said the county has no policy on commissioner assignments, but the board chair has traditionally been allowed to hand out assignments.

Commissioner Hall took Commissioner Gamble off the committee and gave the assignment to Commissioner Hakes.

More protest from residents

Several area residents spoke up during the public comment portion at the beginning of the meeting to protest the possibility of extending Old Ski Hill Road to Scheef ’s property.

Sue Abrahamson, who lives on Old Ski Hill Road, said she believes the land between Scheef ’s property and Old Ski Hill Road is important for tourism. The hillside is also important for retaining water, she said, and the weather is changing, with fewer rainstorms but heavier rains. Because of this, she said “we need to start thinking differently” about putting in roads. A lot of people use her road for exercising and walking their pets, she said. Extending the road would change it. She recommended that the county pursue a land exchange.

Rebecca Wiinanen, another Old Ski Hill Road resident, said that even well made roads interrupt the natural flow of water. She urged the county to trade Scheef ’s land for property already near a road or grant a cartway from Brandon Lane instead, which would be closer to his property. “I’m not opposed to development at all,” she said. “In fact, I think it’s important to the city.”

Amy Wilfahrt referred to a study done in the mid-1990s that said that rather than stormwater percolating through the ground on the Grand Marais hillside, it came straight down the hill in the form of “sheet drainage.” She said that she was concerned about the impact of septic systems if Mr. Scheef ’s property were developed. She said that in a book called Landscapes of Minnesota, the Grand Marais hillside is considered a rarity. She hoped Scheef would enter an agreement with the Minnesota Land Trust, which she said is buying up land from Duluth to Thunder Bay to keep it from development. “It’s not that I’m against development, by any means,” she said. “I’m against development that isn’t right.”

Wilfahrt also said this community needs housing “for the service industry”—low cost—and didn’t think Scheef would build that type of housing.

Mike Schelmeske, who does not live on Old Ski Hill Road, said he hoped the board would pursue options other than a road to Scheef ’s property. He said he did not want to see houses alter the view of the hillside, which he called “priceless.”

Commissioner Bruce Martinson said he thought it might be good to put the land into a land conservancy. He said he was also interested in pursuing a land trade.

Commissioner Gamble said he hoped they could negotiate with Scheef instead of being forced to do something, such as grant a cartway. “We are in a better position if we negotiate than if we’re dictated to,” he said. He said he hoped to find an alternative to “compromising the property” and said Scheef was open to exploring options.



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