Case Study: The Story of How a Grassroots Campaign Saved 3,410-Feet of Public Beach From Condominiums: 1972-1977
BY Tony Stewart October 5, 2017
Case Study: The Story of How a Grassroots Campaign Saved 3,410-Feet of Public Beach from Condominiums: 1972-1977 By: Tony Stewart
In mid-January 1972, staff members from the North Idaho College student newspaper "The Cardinal Review" visited NIC political science instructor Tony Stewart's office with proposed plans from Pack River Properties, Inc. for construction of 46 to 60 condominiums on the 3,410-feet stretch of beach lying northeasterly from the lakeside shoulder of the dyke road paralleling the shore of Coeur d'Alene Lake and Spokane River adjacent to the North Idaho College Campus. Grant Groesback of Spokane and head of the architectural firm handling the project for Pack River Properties, Inc. on February 1, 1972 told the Coeur d'Alene Press: "This will be a high class project." The particular beach and waterfront property had been available for swimmers, family picnics and walkers for many decades without any objection from the owners, Pa.ck River Properties, Inc. or the previous owners, Winton Lumber Company from Minneapolis, Minnesota. I became troubled regarding the proposal and immediately began to discuss the issues with the NIC employees and students as well as community members and leaders. With a growing outcry from the community and due to the urgency of the situation, we realized that we must act immediately. In less than a week after learning of the proposal, we established the "Committee to Prevent Construction of the Proposed Coeur d'Alene Lake Front Condominiums". The Committee quickly formed into 60 diverse individuals with especially a large contingency of college students and senior citizens. I agreed to chair the committee. At our first committee meeting, we agreed to adopt a multi-facet strategy that included: 1. A vast media campaign 2. Citizen petition drive 3. Gather support from political leaders, prominent individuals, civic groups, organizations and institutions 4. Recruit Scott Reed, a prominent environmental attorney, for a legal case 6 . In coordination with NIC president Barry Schuler, prepare a detailed position paper of the negative effects the condominiums would have on North Idaho College and the community as a hold 6. Arrange a meeting with the owners of Pa.ck River Properties, Inc. at a public forum 1
7. Prepare to submit testimony before the Coeur d'Alene City Council 8. Communicate with the Idaho Department of Public Lands addressing their role in the issue The rapid intense interest by the public and the media in our campaign was far beyond our anticipation. As we divided the City of Coeur d'Alene into sections for our petition volunteers, the immediate success in gathering signatures drew the attention of the live and printed media. By February 1, the media reported daily on the progress of our campaign. The daily head.lines and stories in the media gave our campaign the momentum we desperately needed to reach thousands of supporters and the attention of both Pack River Properties' officials and government agencies, especially the City of Coeur d'Alene with the power to annex the area and issue building permits. We added to our planned momentum when I, as committee chair, pined a letter to the Idaho Department of Public Lands on February 2, 1972 requesting that the agency give careful scrutiny to Pack River's proposal. We experienced the same rapid response and support from political leaders, civic groups, organizations and individuals. In a short span, we received letters of endorsement from: David Winton, Winton Lumber Company, Minneapolis, MN; Associated Students of North Idaho College; Coeur d'Alene Wildlife Federation; Idaho Wildlife Federation; Orrin Lee, former president of North Idaho College; Idaho State Senators Art Manley and C.C. "Cy" Chase; Idaho State Representatives Robert Haakenson, Larry Looney, Emory Hedlund and John Molyneaux; Post Falls Kiwanis Club; North Idaho College Faculty Senate; Idaho Student Government Association; Dr. Ernest W. Hartung, president of the University of Idaho; Community Action Agency; Sierra Club; Federation of Western Outdoor Clubs; Idaho State Senate Majority Leader Wayne Kidwell; Coeur d'Alene Chapter of the League of Women Voters; North Idaho Chapter of Idaho Environmental Council; North Idaho College Chapter of the American Association of University Professors; and North Idaho College Board of Trustees. The Petition Drive
The door-to-door petition drive began on January 22 with a Monday, February 14 deadline in order to present the petitions to the Coeur d'Alene City Council on Tuesday, February 15, 1972. On the day of the petition drive deadline, we were amazed that in 24 days we had gathered 3,504 adult signatures plus 150 children from local schools in a city that had a total population of 16,228 compared with a 2016 estimated city population of over 50,000. In just over 3 weeks wading through snow, we had obtained the signatures of 22.3 % of the total population of Coeur d'Alene.
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The Legal Issues
While the volunteers gathered signatures, nationally recognized environmental attorney Scott Reed prepared our three prong legal argument. There were historical legal documents that pertained to both the original acreage where North Idaho College was located as well as the adjacent waterfront beach. Minnesota based Winton Lumber Company, recognized as a good citizen charitable corporation and owner of the property, gave the City of Coeur d'Alene a license and permit to construct a dike road adjacent to the shore of Lake Coeur d'Alene and the Spokane River on February 20, 1934. This would become an important issue surrounding the 1972 controversy. In the later part of thel930's, Winton Lumber Company decided to sell its Idaho operations to Pack River Company of Spokane. The Winton Family left, an important legacy in the area when on October 27, 1937 they deeded a valuable track of land adjacent to Lake Coeur d'Alene to Kootenai County with the following stipulations and restrictions that would later become the home of North Idaho Junior College: 1. Kootenai County within five years will develop a public park designated as "Winton Memorial Park" in memory of Charles Joel Winton and David Nelson Winton. 2. That a public road shall always exist and be maintained along the crest of the present dike. 3. That no part of the property shall be used for commercial purposes, but be maintained for public recreational purposes except that any part may be devoted to a general public hospital or public educational institution. Based upon these requirements, Kootenai County with the approval of the Winton Family deeded the property to North Idaho Junior College on June 23, 1941, whereupon the college district floated a successful bond and built its first buildings that are now the home of North Idaho College. These historical documents became part of the overall basis for Mr. Reed's legal work for our committee. The final legal issues were: 1. It was discovered that when the United States Corp of Engineers came in some years later and lift,ed the dike road moving the road inward toward the college, North Idaho College owned 19-feet off the dike road toward Lake Coeur d'Alene and the beach thus land locking any path for Pack River Properties, Inc. to their beach property for construction of condominiums. 2. A search of the beach deed revealed that when Winton Lumber Company sold the property to Pack River Properties they had placed
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a restriction preventing any commercial development of the beach property. 3. Attorney Reed in his wise understanding of tort and common law prepared a "Declaration Concerning Real Property Use" and had a number of senior citizens sign and declare they had used the beach as a path for over 40-years without any objection from the property owners thus establishing what is known as protected "prescriptive rights" and filed the declarations with Kootenai County. These legal issues became a strong bargain tool for our committee. Position Paper Outlining Additional Value Based Arguments Against the Construction of Condominiums
While the Committee's strategy was based heavily on the three legal issues, the campaign also took on value-based ideas as further persuasive arguments to affect the final outcome of preserving the beach for future generations. NIC President Barry Schuler's public statements relied heavily on value-based issues as well as did many of the supportive letters we received, aiding us in developing the following value-based arguments: 1. The construction of the condominiums would harm the future growth and vitality of North Idaho College by hemming in and cramping the limited space on the 35-acre campus. 2. North Idaho College would become a backyard to rows and rows of two-story condominiums blocking the college view of Lake Coeur d'Alene for future generations of students and employees. 3. The condominiums would permanently eliminate the campus employees/students, area residents and tourists from any access to the 3,410 stretch of beach. 4. The plans for each condominium to extend out into the water and include a fireplace in each unit would do irreparable damage to the clean air and water that we presently enjoyed. 5. All citizens and inhabitants have a natural right to enjoy and have access to special limited natural treasurers such as lakes, streams, beaches and mountains. 6. The research and findings of psychologists and sociologists have shown that attributes, as natural settings are essential to an individual's physical, emotional and psychological wellbeing. 7. The planned project would greatly increase noise and traffic congestion on campus thus adversely impacting the classroom, library access and college recreational programs including sailing, canoe classes, water skiing, and all other NIC water programs. 8. North Idaho College's long-range plans to construct several buildings on campus will create many more construction jobs as well as well-
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paying permanent faculty, staff and administrative jobs that the condominium project could not do. 9. The residents of the region should join our committee to preserve the magnificence seen in the panorama exemplified by our natural beauty highlighted daily in our sunrises and sunsets over our clean blue waters, blue skies and majestic mountains. Finally, Barry Schuler, president of North Idaho College, eloquently summed up all these arguments with a speech before the NIC student body that was published in the "North Idaho College Cardinal Review" newspaper on February 11, 1972: "Every little boy, girl, teenager and most of the working people will have lost the way oflife ....unless they are lucky enough to find a spot in the (limited) city park beach, they will no longer be able to frolic in the clean lake water, sunbathe in a lounge chair on the beach or meet their friends for a lakeside barbecue." One can observe that our campaign not only involved major legal issues but also value-based arguments that sometimes involved an emotional message. Public Forum with the Officers of Pack River Properties, Inc.
During this first two-weeks of February whirlwind campaign, we managed to organize a public meeting at NIC with representatives of Pack River Properties that featured an over-flow crowd of our supporters. In the meeting, we presented our legal case as well as portions of the position paper. The company officials laid out their position. What was especially rewarding during the public forum was the polite decorum shown by both sides. Developments on February 14 and 15 Prior to the Coeur d'Alene City Council Meeting on February 15 a t 7:30 PM at City Hall
On Monday evening February 14 at the monthly meeting of the North Idaho College Board of Trustees, Barry Schuler, the college president, requested approval of a resolution opposing the Pack River Properties' plan to construct the condominiums. Board Chair E. A. Seiter and trustees Jay Couch, Scott Reed, Josephine Webb and Dr. Len Frederickson unanimously approved the resolution. The NIC Board action added momentum for the testimony by the "Committee to Prevent Construction of the Proposed Coeur d'Alene Lake Front Condominiums" the following night before the Coeur d'Alene City Council. The growing public support in opposition to the condominium construction and intense daily media coverage of the issue produced two more
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important developments on Tuesday, February 15 prior to the evening city council meeting. First, NIC President Barry Schuler convened a meeting in his office with Coeur d'Alene Mayor John McHugh, Kootenai County Commissioner Eugene Ingalls and Pack River Properties General Manager Leon Lewis to propose negotiations that might lead to a settlement. Secondly, in a surprise move, Pack River Properties in a letter to North Idaho College on February 15 read in part: "Our regional projections called for a land valuation of $250 per front foot average. The strip of land is 3,600 feet; this makes the land valuation $940,000. The condominium project called for a joint venture which would put the valuation in the neighborhood of $1,440,000. As would be permitted and joined with the project, there are the possibilities of marinas, restaurants, etc. The principals of our company feel that at this time we would be in a position to offer the property at a price of $800,000. Time is of the essence ... A letter of your intentions and/or counter offer in a timely manner would be most appreciated." Sincerely, Leon Lewis General Manager Needless to say, after these developments, our committee with an overflow crowd of supporters in the city hall council chambers presented our arguments with great excitement and confidence. Mayor John McHugh and the Council were thoughtful and respectful putting us as the first item on the agenda after approving the previous council minutes. My presentation took 30 minutes followed by some comments from other audience members. Over the next few months Mayor McHugh proposed to survey the city residents through the city billing system polling them regarding a bond to purchase the water front property. With no clear plan of action from any effected party, no request from Pack River Properties for annexation of the property into the city or application for a building permit, and a stalemate as to whether the City of Coeur d'Alene or North Idaho College would come forth with the funds to purchase the waterfront the issue became doormat until 1976-77.
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The question of the future status of the waterfront as a permanent public beach came one step closer to reality in 1976 when NIC Trustee Josephine Webb resigned her seat on the NIC Board of Trustees and was appointed the administrative assistant to the president of North Idaho College. One of her first duties in her new position was to apply for a grant from the Federal Land and Water Conservation Fund as a possible major funding source to purchase the entire la.keshore/river shore from Pack River Properties. The Kootenai County Commissioners and the state of Idaho also endorsed the grant proposal and agreed to provide additional funds to NIC for the purchase. The funding sources came together by June 30, 1977 as recorded in the North Idaho College Financial Statement of June 30, 1977. Ms. Webb was successful in acquiring a Federal grant in 1977. The final financial package for the property acquisition included: Ida.ho Department of Parks and Recreation (Federal Grant) Ida.ho State Water Waterways Kootenai County Boat Licenses North Idaho College Total:
$130,000 $ 25,000 $ 50,000 $ 55,000 $260,000
The negotiations with the Pack River Company and their subsidiary Pack River Properties had been successfully completed based on NIC's acquiring the necessary funding as well as the financial status of the Pack River Company. Pack River went into a voluntary receivership with Mr. Bob DeArmond, a well-known lumber expert, as the receiver. NIC President Barry Schuler and our Committee's attorney Scott Reed began discussions with Mr. DeArmond as to an agreed upon price for the property. Ultimately the deal was put together to purchase the entire beach property for the sum of $260,000. After a number of lengthy legal processes involving the status of the Pack River Company's voluntary receivership, a state of Washington corporation qualified to do business in Idaho, the final quick claim deed transferring the property to North Idaho College took place on September 12, 1980. The long campaign to preserve the lake and river beach for the public was accomplished with the new owner being North Ida.ho College. Two Postscripts
In early 1987, Tony Stewart, representing the Kootenai County Task Force on Human Relations Board, and Jeanne Givens and Henry Si John from the Coeur d'Alene Tribe met with North Ida.ho College President Robert
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Bennett and requested that the NIC Board of Trustees dedicate the beach to the Coeur d'Alene Tribe with the stipulation that the Tribe select the name for the site plus provide a message to be placed on the large historical signs. The NIC Board unanimously approved the proposal. The Coeur d'Alene Tribe chose to name the beach "Yap-Keehn-Um" (The Gathering Place) in honor of the many years that the Coeur d'Alene Tribe had hosted other tribes at that special honored location for annual games and celebrations. The Kootenai County Task Force on Human Relations commissioned and paid a local company to design and construct the signs that were erected at the site prior to the ceremony. On July 18, 1987 North Ida.ho College hosted a celebration at the site with Ida.ho Governor Cecil Andrus, Coeur d'Alene Tribal Council Chair Ernie Stensgar and the Council, Coeur d'Alene Mayor Raymond Stone, the Kootenai County Task Force on Human Relations Board and attendance by a large crowd of area residents. In 2007 Scott Reed who had served as the attorney for the "Committee to Prevent Construction of the Proposed Coeur d'Alene Lake Front Condominiums" requested that the staff of the City of Coeur d'Alene provide the beach footage owned by NIC and he requested from the Kootenai County assessor's office the valuation per water front footage for Tubbs Hill and the NIC beach. The findings from that request are given below in a letter Mr. Reed sent to Tony Stewart on February 7, 2007: PROFESSOR TONY STEWART P. 0. BOX 2725 COEUR DALENE ID 83816 Dear Tony: After a lot of mixed up communication, I have now obtained from Dave Yadon the frontage owned by the college along the lake and the river. The total is 3,410 feet. Last year Mike McDowell provided to me an valuation for Tubbs Hill placing the frontage at $20,000 per front foot in 2005. In that letter Mike said that the 2006 valuation would be 40% higher. Using the 2005 evaluation times front footage comes to $68,200,000. The proposal way back when by Dan Davis was for condominiums which Mike McDowell was calculating. Maybe the depth of the frontage of the college beach isn't quite as much around Tubbs Hill and maybe the river isn't quite as valuable as lake. Put all the figures together, saur the property is worth half as much, add the 40% for 2006, then the value of that frontage would be $47,740,000.00. 8
We can play around with those figures aJ.l we want. I think it is fair to say for presentation purposes as what you saved is worth $50,000,000. Can we run with that and how? Yours truly,
Scott W. Reed SWR:kgb
Scott Reed and I decided to approach the North Idaho College officials and suggest a beach celebration to mark the 30th year of the beach purchase. The celebration was held with the Tribe and North Idaho College as host. Representatives from the Coeur d'Alene Tribal Council and NIC Board Chairman Rolly Williams spoke along with great performances from the Tribal drummers and dancers. This article and 127 pages of exhibits demonstrate the effectiveness of a dedicated and united grassroots volunteer group of activists to successfully accomplish a common good. This case study is being provided as a possible road map for residents of any community to organize, unite and work to accomplish a common goal on behalf of the citizenry. Dedication of this article titled "Case Study: The Story of How a Grassroots Campaign Saved 3,410-Feet of Public Beach from Condominiums: 1972-1977"
As the author of this case study, I dedicate the article and findings to the late Scott W. Reed without whose research, legal advise, wisdom and representation this victory would not have been possible. Our committee was blessed and fortunate to have a man of Scott's integrity, intellect and one of this country's most outstanding environmental lawyers to serve as our counsel. In addition, Scott's generosity to serve as our attorney throughout this long process pro-bono made our campaign possible. As a member of the North Idaho College Board of Trustees and chair of the Coeur d'Alene City Planning and Zoning Commission, Reed was in strategic positions with valuable knowledge to communicate with the public the merits of open spaces and the value in protecting public access to the waterfront adjacent to NIC. Thanks and Recognition to the Supporters and Volunteers
I wish to recognize and tbank aJ.l those who supported the campaign to preserve the waterfront(beach for public use for future generations
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including the many volunteers; everyone who signed our petition; North Idaho College administration and especially Ba.ITy Schuler and Josephine Webb; NIC Board of Trustees; NIC employees and students; the "NIC Cardinal Review" student newspaper; City of Coeur d'Alene's mayor and council and the Kootenai County Commissioners; the individuals, organization, civic clubs, and institutions who provided letters of support; David J. Winton of the Winton Lumber Company; the interest in the issue and daily coverage by the media; the state of Idaho, seven Ida.ho state legislators and others that we will never learn of their support. Finally, a special appreciation to the Kootenai County Task Force on Hu.man Relations Board for initiating the proposal inl987 requesting North Idaho College dedicate the beach to the Coeur d'Alene Tribe with the naming of the beach to be chosen by the Coeur d'Alene Tribal Council that became "Yap-Keehn-Um Beach" with the KCTFHR commissioning and paying for the two historical beach signs recognizing the new designation. References and Exhibits This article in the form of a case study deta.mng the successfully grassroots campaign to prevent the construction of condominiums on the Coeur d'Alene Lake and Spokane River shorelinejbeach adjacent to North Idaho College and the preservation of the waterfront as a public beach is based on 127 pages of historical archival materials that have been preserved by the author of this article beginning in 1972.
Tony Stewart Chair (1972-1977) Committee to Prevent Construction of the Proposed Coeur d'Alene Lake Front Condominiums October 5, 2017
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