County commissioners may wind up in a land trade they formerly denied. On October 8, 2013, the commissioners debated their options in dealing with a request by John Scheef for access to his property just north of County Road 7. Scheef has been trying to gain access for several years.
The board’s discussion was preceded by an appeal from property owner Amy Wilfahrt, who lives on Old Ski Hill Road — one of the proposed access points through county property. Wilfahrt identified herself as a biologist and said that a unique biological area that she believes should not be disturbed lies between the end of her road and Scheef ’s property.
In a letter to the board, Wilfahrt cited numerous reasons she believes the Old Ski Hill Road should not be extended, including the potential for erosion, sediment runoff, influx of invasive plants, increased traffic on Old Ski Hill Road leading to higher maintenance costs, and disturbance of a unique “patterned fen” (a swampy, peat-forming hillside ecosystem of low ridges alternating with wet hollows) that has been the subject of professional articles, presentations, and studies.
Wilfahrt recommended an access from somewhere else instead, such as Brandon Road to the west of Scheef ’s property. She said she would like to see Mr. Scheef trade his property with the city, county, state, or federal government or with a land conservancy organization.
The county could buy or trade for Scheef ’s land, County Attorney Tim Scannell said. He said he was expecting to hear from Scheef ’s attorney, Baiers Heeren, about gaining access. He indicated that the county is going to have to deal with this one way or another.
Commissioner Sue Hakes said she thought the county could grant Mr. Scheef access but it would not have to be in a place where a road could be built. Attorney Scannell disagreed.
Attorney Scannell said he represents the public’s interest, not the county board. “He has a legitimate legal right to come and ask for this,” he said. He said he has been hearing from community members regarding this issue about three times a week.
“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.” He said he hoped to find a solution that wouldn’t compromise what they want for the hillside above Grand Marais. He pointed out that Mr. Scheef tried to negotiate with the county rather than using the law to force the county to grant him access. He said he might support a land trade.
Commissioner Heidi Doo-Kirk suggested forming a committee to work with the Planning & Zoning Department on coming up with a land trade suggestion. Commissioner Gamble recommended that they talk to Mr. Scheef first to find out what type of land he would be willing to trade for.
Mr. Scheef is a savvy businessman, Commissioner Hakes said, and he bought this property so he could develop it. “He went into it eyes wide open,” she said. She said she was okay with giving him a cartway even if it wouldn’t be possible to use as a road. She did not want others 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.
“I think you’re going to be in for a big surprise when it comes to a cartway,” Commissioner Jan Hall said.
According to Minnesota Statute 164.08 Subd. 2: (a) Upon petition presented to the town board by the owner of a tract of land containing at least five acres, who has no access thereto except over a navigable waterway or over the lands of others, or whose access thereto is less than two rods [33 feet] in width, the town board by resolution shall establish a cartway at least two rods wide connecting the petitioner’s land with a public road. (b) In an unorganized territory, the board of county commissioners of the county in which the tract is located shall act as the town board.
The day after the board meeting, Attorney Scannell sent the county board a memo regarding a 2010 Minnesota Supreme Court case in which the court held that “meaningful access,” not just “nominal access,” is required when a government entity establishes a cartway.
Mr. Scheef ’s property contains 80 acres and could be divided into five-acre parcels.
In other county board news:
. The board approved a conditional use permit for a cell phone tower in Tofte. Some neighboring homeowners objected to locating the tower behind the Tofte Cemetery, but Tofte Township Supervisor Jim King told the county board he estimated that 65-70 community members had voiced their support for locating the tower there. Planning & Zoning Administrator Bill Lane said 40 of 55 comments submitted to the county were in support of the tower. Its location will allow continuous coverage with towers to the northeast and southwest.
According to Shane Begley of Minnesota Tower, it will be the color of galvanized metal to blend in with the gray skies that are predominant in this area.
. The board approved payment of just over $12,055 for servers and switches at the new Cook County Community YMCA. Branch Executive Director Emily Marshall reported that the Y had just received a lot of furniture from the Grand Marais Public Library, which replaced its old furniture. Commissioner Garry Gamble said a lot of places had benefitted from the old furniture.
. The board approved a quote of just over $3,349 for new signs and placards throughout the courthouse. Several departments have been moved around and the new signage will help visitors find their way. E.R. Perry Signs & Engraving will do the work, which includes $250 for design and layout.
. The board approved an expenditure of just over $918 for equipment that would allow cell phones to work inside the Search & Rescue building. A purchase request from Emergency Management Director Jim Wiinanen states, “Cellular coverage is important for communications during search and rescue incidents and when the hall would be used for an emergency operations center.”
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