Coeur d'Alene grassroots campaign sudy documents

Case Study: The Story of How a Grassroots Campaign Saved 3,410-Feet of Public Beach From Condominiums: 1972-1977

BY Tony Stewart October S, 2017

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

Permit Given to the City of Coeur d'Alene By Winton Lumber Company to Construct a Dike Along the Lake and River Front February 20, 1934

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--¡--That part of Lots Forty - six (46 ) and Forty¡ seven (47) in Section Fourteen (14), 'l 'ownship Fifty (50) North, Range Four (4)

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B. M being a part of Fort Sherman Abandoned

Mili t ary Reservation, r eserved by Winton Lumber Company, a corporation of Delaware, in that certain De ed be ~ring date of Oc t ~ber 22 , 1937, filed for record M~rch 4, 1938 at 2:00 P. M. , and recorded in Book 109 of Deeds at page 139 of the Records of Kootenai County , Idaho , by which the said Winton Lumber eompany, the g ranter conveyed to Kootenai County, Idaho, the grantea therein na!lled , "That part of Lots 46 and 47 section 14, To;,r,i. ship

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50, N. R. Range

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M. being a part of Fort Sherman

Abandoned Military Reservation which lies northeasterly from the lakeside shoulder of the dyke or road across said lots poralleling Coeurd 1 Alene Lake and Spokane subject tot he reservations and exce2_t i ons the~ in River'',;set fort q ; the portion of sat d Lots Forty - six \46) and Forty -seven (47) reserved and excepted in said Deed and hereby conveyed , is described as follows : The shore of Lake Coeurd ' Alene and Sp okane River and that part of said lots up to the lakeside and riverside shoulcers of sa i d dyke or earthen embankment protecting said lets fran high water, and

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11 riparian

ri ghts on Lake Coeurd ' Ale ne and Spokane River along or in fr ont of said lots .

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EX~EPTING that part of lot 46 Section 14, lying easterly of the r .ollowiog line :

commenc 1.ng at a

point on theNorth line ofLot 46, 167 feet westerly from the Northeast corner of Lot 46 , thence south: ast erly t::> point on high - water line of Lake Coeurd ' Alene

75

fee t westerly from the East line of Lot 46, thence

s outherly parallel to East l ine of Lot 46 out into Coeurd 1 Alene Lake to South l ine of Lot 46.

ALSO, EX:EPTING that certain license and permit given to theC i ty of Coeurd ' Aleae by Winton Lumber ComI=9ny in an Agree ment dJlt ed ...,:::=;;Febru~ry 20 , 1934 to cons true t c::::.

----,-. .._.,_. a_ dike along the lake and river front on said Lots 46 add

47 .

ALSO, EX~EPTING all rights and prhrilege s acquired by the North Idaho J un tor College , a munir.:: ¡ipa lc o r porat ion of the State of Idaho , under the terms and conditions of a ¡ certain instrument inwriting called , " Release of Conditions ", bearing date of June

23,

1941 , filed for reco ~d August 11, 1941 at 3 : 30 PM and r ecorded in Bo ok

18 Misc . at page ()27 of the

Records of Koot enai County, Ida no , wherein Winton Lumber Company r eleased and waived certain co nd iti ons c~ntainsd in the aforesaid De ed to Kootenai Count y , Ida ho .

Together with the right , powe r and authority in perpetuity t o build , c onstr!..tct , and maintain piers , piles and piling ,

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Winton Lumber Company Donates and Conveys to Kootenai County a Part of the Fort Sherman Abandoned Military Reservation Subject to Conditions and Reservations October 22, 1937

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WHEREAS Kootenai County, Idaho, is desirous of obtaining a tract of land near the City of Coeur d'Alene and to improve, plan and perrna~ently maintain the same as a general park, free to the public: and WHEREAS, the Winton Lumber Company, a corporation of Delaware , desires, upon the terms and conditions herein contained, to donate said land herein described, thought .. to be suitable and sufficient for said purpose, in memory of Mr. Charles Joel Winton and Mr. David Nelson Winton, founders of the Winton Lumber Company and pioneering lumbermen of the northwest:

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NOW THEREFORE, this indenture be tween Winton Lumber Company as party of the

fi r st part and Koot enai County, Idaho, as party of the second part, WITNESSETH: In consideration o1 a des ire to as sis t in the pr omot i on of the pub lic benefit

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herein expres sed as a suitable memorial , the party of the first part does hereby donate

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herein expressed, all of its ri ght, title and interest of , in and to the following des-

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and convey to the party of the second part, subject to the condi t ions and reserva tions

cribed land situated in Kootenai County, Idaho, to-wit: That part of Lots 46 and 47, Sec tion 14, Township 50 N.~ . Range 4 W. B.M . , being a part of Fort Sherman abandoned mi litary reservat i on

which lies northeasterly from the lakeside shoul de r of the dyke or ro ad ac ros s s a id lots par alleling Coeur d'Al ene Lake and Spokane River, r eserving the shore of Lake Coeu r d 'Alene and Spokane River and that part of said lots up to the lakeside and riverslde shoulders of said dyke or earthen embankment protect ing said lots from high water: and e-p

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and upon the following express conditions: (1)

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That the land donated and conveyed shall within five years from the date

hereof be landscaped, improved and developed by the county into a public park, design~ted as WINTON MEMORIAL PARK, and shall be forever kept and maintained under that des~gnatlon by the said county: (2)

That a public road sha~l alway~ exist and be maintained along the crest

of the present dyke or earthen embankment between the land herein reserved to the company and the upland conveyed to the county, and that it shall be kept open to the public , including first party, its successors or assigns, affording access to the reserved strip of land along the lake and river: (3)

That no part of said property shall be used for commercial purposes, but

shall be maintained for public recreational purposes, except that any part thereof may be devoted to a site fo r a general public hospital or public educational insti tution, but shall remain within the park and as a part of the area ma intained as a park :

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herein expre s sed as a suitable memorial, the party of thu first part does hereby uonate and convey to the party of the second part, subject to the conditions and reservutions herein expressed, all of its ri ght, title and interest of, in a nd to the follo wing des cribed land situated in Koot enai County, Idaho , to-wit: That part of Lots 46 and 47, Section 14, Township 50 N.~ . Range 4 W. B. M., being a part of Fort Sh e rman abandoned military reservation which li e s northeasterly from the lakeside shoulder of the dyke or road across said lots paralleling Coeur d ' Alene Lake and Spokane Rive r, reserving the shore of Lake Coeur d ' Alene and Spokane River and that part of said lots up to the lakeside and riverside shoulders of said dyke or earthen embankment protecting said lots from high water: and expressly excepting also from this donation and g rant the portions of said lands heretofore conveyed to Independent School Distr ic t No. 1 of Kootenai County, Idaho, by deed dated the 18th day of August, 1923 , recorded i n Book 79 of Deed Records at page 510 , kecords of Kootenai County, Idaho: also excep ting all other lawfully exi sting eas ements or rights of way thereon: an~ excepting and saving from this grant all riparian rights on Lake Coeur d ' Alene a nd Spokane River along or in front of sa i d lots.

TO HAVE AND TO HOLD the said premises for the pur poses and use s here:n expressed I

(3)

That no part of s ~i d ,r ,,1 :.: ... J s h~u .1.

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shall be maintained for public recreationnl purposes , excep t that any part thereof may be l, devoted to a site fo r a g eneral public hospital or pub lic educational instituti on, but shall r ema in wi thin the park and as a part of the area maintained as a park :

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(4)

That no part of or i nterest in said property shall be subject to transfer ,J

by the county , except the above mentioned ri ehts may be g r a nted to o t h er gove rnmental agency or ag encies for the purpose of erect i ng and maintaining a genera l hosp i tal or

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public school thereon : ( 5)

That in the event the party of t h e second part shall fail , refuse or neg-

lect to accept and carry out the terms of this i ndenture on its part to be performed I

within the time and in the manne r here i n stipulated, said property sha ll reve r t to and

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, become and remain the proper t y of the party of the first part ; its suc cessors and ass i gns ~

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Nothing herein contained shall be construed to exempt, r elease or discharge any:

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private ownership herein reserved from taxes properly levied by the taxing officers of

Kootenai County or the State of Idaho .

This deed is made and delivered pursuant to a resolution of the stockholders of Winton Lumber Company at a meeting properly called for such purpose, held on the 29th

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day of July, 1937, and the approval of the directors of said company on July 31st, 1937, ) ~ authorizing and directing the execution and delivery of this deed . l i

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d this 22 ~Y,_Qf October~ 1937 .

(Corporate Seal) ATTEST: W. S. Rosenberry Secretary

WINTON LUMBER COMPANY

By J . N. Winton Its President Party of the First part

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Kootenai County with Permission of Winton Lumber Company Deeds the Portion of the Fort Sherman Reservation to North Idaho Junior College June 23, 1941

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RELEASE OF CONDITIONS

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WHEREAS, by transfer dated October 22, 1937, the WINTON LUMBER COMPANY, as party of the first part, made and executed a deed to Kootenai County , Idaho, as party of the second part, transferring to s a id Kootenai County A part of Lots 46 and 47, Section 14, Township 50· North, •

Range 4 W.B.M., being a part of Fort Sherman Abandoned

Mili tary Reservation , which said deed was accepted by the said pa rty of the second part , and

WHEREAS, the party of the s econd part desires to transfer by deed its rights '37 4-'1 in and to said property to the NORTH IDAHO JUNIOR COLLEGE, a municipal corporation of

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the State of Idaho, organized for the purpose of carrying on and c onducting the business of a Junior College , in accordance with the statutes of the State of I daho so providing; NOW, THEREFORE, in consideration of the benefits accruing to the first party by reason of the Junior College being located and built upon the property and the benefits to be retained because of said covenants and conditions in said deed hereinbefore referred to, which s aid deed is adopted as a part of this agreement, the said Winton Lumber Company, party of the first part in said conveyance hereinbefore referred to, doe s hereby release and waive the following provi sions in said deed and authorizes Koo tenai County in conveying its . title in said property to said Junior College to disr egard the same, to-wit: l.

That in lieu of pa ragraph 1 in said deed, the said Kootenai County in

making said transfer may provide as follows:

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(a)

That the land conveyed shall, within five years from date of deed,

be a ppropr lated to and used by the North Idaho Junior College by the construction of initial unit or units of said Junior College Buildings, and the whole of said property conveyed shall be dedicated for educational and r ecreational purposes, and the said North Idaho Junior College shall cause to be erected at or near the main entrance, in â&#x20AC;˘ sa id . or outside o 41 ma1n building, a bronze plaque, of suitable and prope r size, on which shall be inscribed substantially the following: "This site of the ~orth Idaho Junior College given

by Winton Lumber Company and dedicated to the memory

of Charles Joel Winton and David Nelson Winton whose efforts for many years did so much to successfully develop the natural r esources of this section of the State."

2.

It ls agreed that the erection of the Junior College Building or unit s

of buildings upon said ground within five years from date of deed .and dedication of all of said ground to the use of a Junior . College shall be considered as carrying out

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the intent of the original deed.

3.

That as to the fifth paragraph of said deed , the erection and maintenance

of a Junior College shall not be considered a violation of this clause and that the issuance of bonds upon said property for the purpose of procuring funds for building purposes shall not be construed as any transfer or any breach of said fifth provision, or any of the provisions of said deed, the first party in said deed expressly consenting that Kootenai County may transfer said property to the North Idaho Junior College and that 'they may hold the same and use it for any and all purposes authorized by l aw for Junior Colleges, including the issuance ofbonds on said property and the buildings erected thereon as authorized by law, and that nothing contained in said

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original deed shall be construed as in any manner interferring with any rights given to said Junior College organization under the laws¡ of the State of Idaho.

Said deed is he r eby referred toa s to all of its terms and conditions and shall remain except as used for commercial ucational purposes. <

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No part of said property shall be sba

be maintained for public recreational anded-

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4.

In the event the North I daho Junior College shall fail, ne glect or re-

fuse to accept and carry out terms of said deed, as modified herein, said property s ha l l reve r t to and become and r ema in the p rope rty of Kootenai County, Idaho , and it shall thereupon be entitled to carry out t he origina l t erms of

said agreement, unle ss

it shall tberESfter waive its rights t hereto and r etransfer the same to the Winton Lumber Company .

Any transfer made in accordance herewith shall not be considered a s

any breach of the conditions of s aid original deed and f or the purposes of permitting Kootenai County t o make the transfer to said Juni or College and the Juni or College taking possession of said property and ere cting Junior College Buil d i ngs thereon and perpetually using said buildings, any and all conditions in conflict with the provisions hereof shall be deemed waived .

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This a greement is made and executed pursuant t o a resol ution of the Directors of the Wint on Lumb er Company dul y passed at a meeting of said Directors · hel d on t he 23 day of June , 1941 , where the execution of t his relea se was aut hor ized .

IN WI TNESS WHEREOF , the said Wint on Lumber Company , par ty cf t he fi r st pa r t i n said d eed referred to , ha s hereunto s et its hand and caused its corporate seal to be a f f i xed by its proper offi c ers, this 23r d day of June , A. D., 1941.

WINTON LUMBER COMPANY ( C or por a t e Seal)

By J . N. Winton Presid ent Attest : w.

Secretary

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Ros enberry

STATE OF IDAHO

) ) ss COUNTY OF KOOTENA I ) On t h i s 21 da y of July, 1941 , be fore me, the unders igned Notary Public, n('rcon"\lly apoear0d Vi . S. ROSENBERRY, known Lo me to be the Secre t a ry of the Winton

Senior Citizens Signed This Declaration that was Recorded at the Kootenai County Courthouse Indicating They had Walked and Used the Path Between t.he Dike Road and Lake Coeur d'Alene for over 40 Years Establishing a Legal Argument Know as a "Prescriptive Right" DECLARATION CONCERN I NG' R EA L PROPERTY USE

S TATE OF

I DAHO

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ss : COUNTY OF KOOTENAI) ~·,.. ,,.

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BEING FIRST DULY SWORN DEPOSES

AND

SAYS :

AM

A RESIDENT

OF KOOTENAI

ALLY ACQUAINTED WITH THE FACTS

COUNTY,

RECITED

IDAHO,

AND

HEREIN .

AM PERSON -

KNOW THE

REAL

'

PROPERTY FORMERLY OWNED BY WINTON LUMBER COMPAN~, WAS DONATED

TO NORTH

PERIOD OF YEARS THE REAL

I DAHO JUNIOR COLLEGE.

FOR A CONSIDERABLE

I HAVE SEEN AND HAVE BEEN UPON THAT PORTION OF

PROPERTY

I N KOOTENAI COUNTY,

AS SOUTHER LY AND WESTERLY OF THE THE DYKE ROAD

PART OF W~ICH

DYKE ROAD

AND LAKE COEUR 0 1 ALENE

MORE PARTICULARLY DESCRIBED

IDAHO,

DESCRIBED

AND

IN

GENERAL

LOCATED BETWEEN

ANO THE SPOKANE RIVER AND

AS FOLLOWS!

THAT PART Of" LOTS 46 AND 47, SECT I ON 14, TOWN SH IP 50N, RANGE W.B.M. LYING SOUTHERLY AND WESTERLY Ot THE DYKE OR EARTHEN EMBANKMENT PROTECTING S AID LOTS tROM HIGH WATER AND THE SHORES Ot tAKE COEUR D 1 ALENE AND THE SPOKANE RIVER.

4,

HAVE BEEN UPON THE DESCRIBED AREA. LOWER ROAD

THAT TRAVERSES SAID

CUP IED BY A OONCRETE S T RUCTURE

HAVE DRIVEN UPON

AREA f"ROM THE

A

POINT PRESENTLY OC -

USED BY THE SAILING CLUB DOW N

tROM THE DYKE RO~D AND B EL OW AND SEPARATE tROM THE DYKE ROAD A WESTERLY AND NORTHERLY DIRECTION

tOR NEARLY THE ENTIRE

IN

LENGTH

Ot SAID PROPERTY 'BACK UP TO THE DYKE ROAD BEtORE THE DYKE ROAD I NTER SECTS WITH THE To MY KNOWLEUGE

OLD BLACKWELL BRIDGE .

THE

DESCRIBED LOWER ROAD

AND THE

ENTIRE

AREA

HAS BEEN USED ON t REQUENT OCCASIONS BY NUMEROU~ MEMBERS Ot

T HE

GENERAL

PRIOR

PUBLI O tOR MANY

TO . THIS DATE.

YEARS AND rOR MORE

THAN tlVE YEARS

To MY KNOWLEDGE NO PERMISSIO~ OR CONSENT WAS EVER

OBTAINED rOR SUCH USE rRO M THE OWNERS OR PURPORTED OWNERS Ot THE DES CR IBED PROPERTY. DATED THIS

DAY Or F E BRUARY ,

1972.

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Volume 66 Number 154

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Coeur d'Alene, Idaho, Tuesday, February 1, 1972

PRICE 10 CENTS

Condominium Plans Told

By TERRY SCHICK Editor, The Press "We think we are going through channels in doing things the way they should be done," Grant Groesbeck, Spokane, told The Press today in connection with plans to construct condominiums along Lake Coeur d'Alene near North Idaho College.

Groesbeck heads the architectural firm handling the project for Pack River Properties, Inc., Spokane, owner of the land that extends westward from the Spokane Yacht Club's facility south of Dike Road west of the Coeur d'Alene City Limits.

"THIS WILL be a high-class project," Groesbeck said, "it will not be high-rise, as some have claimed. , We will save all the trees, and will satisfy all l requirements for health and planning."

While Groesbeck's firm is working on the $350,000 first phase of the estimated 45 to 50 total units, others are working against Pack River's plans for development of the waterfront the company has owned for many years.

AMONG THOSE opposed are some faculty â&#x20AC;˘ members of North Idaho College, some NIC students, and the college's president, Barry Schuler.

Some faculty members and students are circulating

a petition "to protect the Fort Sherman Lakefront Area." The petition was prepared by Tony Stewart, NIC poltical science instructor and coordinator of the petition.

The petition is directed to the City of Coeur d'Alene Planning Commission and City Council.

MAX POPE, city administrative assistant, said he is aware of the petition, but that he had had no requests from anyone to appear before the Council on the matter at tonight's meeting.

The petition claims the proposed housing development will increase automobile traffic, recreational and leisure use of campus grounds, and that...

"The accompanying smoke, exhaust, noise and traffic congestion would be disruptive of the essential instructional activities of the College and would impair the hea!Lh, convenience, comfort and well-being of students and staff members."

THE PETITION also claims the development would diminish the quality of the environment, which would "seriously impair the college's attractiveness for regular academic programs, summer school activities, conferences, and workshops, reducing future opportunities for increased state and federal

support of construction, student financial assistance and expanded curricular offerings."

Groesbeck indicated to The Press he thought the petition's language was a case of over-reaction.

"These will be permanent dwellings, in lhe $35,000 to $50,000 class," be explained.

HE SAID THE garage-plus two-story structures will be built above the 2132-foot elevation of the lake, and that the garages would be above the highest flood level ever recorded on Lake Coeur d'Alene.

Groesbeck said he is awaiting a letter from the Department of Public Lands stating so long as the buildings are above the 2132-fool level the department bas no objections.

Once t.hat letter is received, he said, the firm will apply to city for annexation of the land, for building permits, and for health department approval of the development that goes west to the old Blackwell Bridge site.

"WE KNEW there would be concern by citizens and college officials," Leon Lewis, general manager, Pack River Properties, Inc., told The Press today.

He said his company also is concerned that the project is developed properly and in complian~e with building and sanitary regulations.

Student Petition Protests Lal{efront Condominium COEUR D'ALENE, Idaho-Aproposed changes that would petition ~rotesting the prOJX!sed modify, alter or remove the vicons~ction or a condoin1DJum tal recreational and aesthetic housing development on the . ,, .

Coeur d'Alene Jakefront near values presently inherent m North Idaho College was being the Ft. Sherman lakefront area. circulated Tuesday by a group from the college.

----------The development, planned by ON THE INSIDE Pack River Properties, Inc., of 1 Spokan~ â&#x20AC;˘. would includ~ 4.5 to 50 1n Today's SPokesman-Review condonuruum uruts. First phase . . of the project would include a Comics . 17 Pictures . . 22 group of two-stocy buildings to Cr~SSY:ord . 11 Radio-TV 2 be located south or the Dike Ed1tonals . 4 Records 1e road, near the Spokane Sailing Inland Sports 14-17 Club moorage.

Empire . 7 Slar Gaier 5 Tony Stewart, NIC instructor, Mar~ets 12, 13 Weather . . 2 said more lhan 600 students and MoV1es . . . 5 Women . 8, 9 residents had signed the petition and an organization meeting is News Senâ&#x20AC;˘ice Symbols scheduled for 3 p.m. Friday at the college. Door-to-door circula- (AP)- The Associated Press tion of the petition is planned (NYT) (c)-New York Times for Saturday in Coeur d'Alene, (WP) (c)-Wash.ington Post he said.

(WS) (c)-Washington Star The petition, addressed to the planning commission and city (LAT) (c)-Los Angeles Times council, asks prohibition of "any - - - - - - - - - - -

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Attitudes onDike Road Stated Last week's issue of the Cardinal Review presented an in-depth study of the Pack River Properties proposed development, which would include the erections of condominiums along the Dike Road beach.

A Cardinal Review representative s poke to concerned students and citizens of North Idaho recently and found that the majority of those citizens questioned were agreeable to the concept that the Dike

Road beach property should not be developed. President Schuler stated that the building of s u ch condominiums would be a "deep tragedy for the college, for it cannot grow if t.bat happens." "Since," he went on to say, "a college must have room not only for buildings, but also for recreation for the students."

Others, when questioned by the CR representative, were also against the construction of condominiums. One lady

state d, "fm t horoughtly against it, there wouldn't be any beaches left. " A businessman in Coeur d'Alene stated that be would bate to see the beaches go and that the Canadians really enjoyed the beaches here, but that the condominiums could bring in more problems, such as overcrowding, congestion of automobiles, more pollution and a parking problem.

Another business man said that be would bate to see condominiums built and that

if they could be stopped that the area should be developed into a park.

Stude nt reactions were varied. As one Creshman put it, " they're out just to make a quick buck!" The actions or many showed deep concern for the college and the lakefront. Organizations of stu dent s , faculty and concerned citizens are being formed to fight this new problem. Other students reacted by saying that they were shocked at the idea that

they (Pack River Properties) would do such a thing and that The Coeur d'Alene Press hadn't picked it up yet.

At the present time, plans are being made to stop Pack River Properties from being issued a permit to build.

Among those actions already instigated along this line is a petition to the city planning commission and the city council that is presently being circulated.

aRblnal Râ&#x201A;ŹVlâ&#x201A;ŹW Coeur d ' Alene, Idaho

Volume 26, Number 13 February 2, 1972

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Site Where Condominium Is Planned on Lake Coeur d'Alene A group a t North Idaho College have protested the proposed construction at this site of a condominium development. In petitions being circulated the college group and some townspeople at Coeur d 'Alene oppose what they claim would be a modification, alteration or

removal of ''vital recreational and aesthetic values presently inherent" in Jakefronl area. Picture shows Spokane Sailing Club's boat hoist ramp jutting into frozen lake and remnants of one-time log spilling platform to the right of boat ramp. (Sowder photo)

1000 W. Garden Avenue Coeur d'Alene. Idaho February 2. 1972

Dep1rtMent of Public Lands

119 Statehouse

Boise. Idaho

Gentlemen: It is our understanding that the Pack River Development Company has contacted you concerning the possible construction of condomi niums on one of the beaches of Lake Coeur d' Alene. It 1s our contention that t his particular site is not f eas f bl e for suc h cons truction. Ther ef or e . we hope you wtll giv e careful scrunity to th1s pro posal before taking any ac tio n.

Plea se allow us t o enclos e a co py of our petition statin g sorne of our r easons for be in g 1n opposition to this proj ect.

S1ncer e1y,

D. Tony Stewa rt, Chairman ComMittee t o Prevent Construction of the Proposed Coeur d'Alene Lake front Condominiums DTS:pi

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Beach Condominium Spokane Dally Chronicle, Friday, Feb. 4, 1972.

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ProDosal _ Stirs Controversy

By JAN DAVIS . ordinator, said more than 600 contained on the condominium a public hearing. Scott w. Reed Ch ronic )e Starr Representative signatures already have chair· man ~;d th.e commJssion · · ' • t th titi d thbeen grounds. · , 5= COEUR D ALENE, ~daho - P~ on . e pe ons, an ose City Sewer wiJl send a recommendation to Controversy s~ouds the P~· fafc~}1~~ ~i~!a:~~~- bear a to- Ja~k C. Ros~, Sandpoint, SU· the. city ~ounc.il specifying a Posed construction of a condom1- Addressed to the City of Coeur pervisor of environmental health ~orung d~s1gnation for ~he land n.ium complex on a quiet stretch d"Alene Planning and Zoning for the .Panhand!e ~eal~ Dis- m question. Althou~h it would of prime Lake Coeur d'Alene Commission and the City Coun- trict, said the. <µstrict did . not b~ ~usual. Reed said, the comshoreline cil, the petition asks the govern- approve the ong10a} Pack River m1ss1on could recommend that . · .. mental groups to "restrain and proposal and "reqwred the com- the land not be annexed.

Vowmg ~blutilit zfie. !vtetbry plegakl prohibit any proposed changes pany. to h~~ up to the city sewDecision City's means poss1 e o gu e ac th t Id diI It er s10ce it 1s so close " River Properties' development. m~vt~~ ric~·!u~nar r~ The city limits end. at Dike The City Council would. make North Idaho College Presid~nt aesthetic values presently ~:r- Road and the proposed develop- the final decisio~. ~ee~ sa,d, br Barry G. Schuler says the enti:e ent" in the beach area. n:ient site is just on Uie other cause the comm1ss1on is meres future of the college hangs m The petition lotuses on the side of the road. an advisory group. . the balance. council because Pack River offi- If Pack River's plans to hook Pack River's plans lo. ask city . As an au~ary move 125 pet!- cials said this week they will onto the. city sewer system fai!, annexation are cont.radtctory.1lo tl!)nS prolestm.g the c~ndom1- ask Uie council to annex the Ross saJd, the state could cons!- its history, Re~d ~aid. The ~ nium construction are being cir- beach area to the city permit- der a secondary treatment facil- council had tried .in the ~as ·a culated throughout town by a ting the proposed condominium ity on the condominium's prop- annex the beach site, Ree sat • ~~up of about 60 Nort_h ldaho complex to utilize the city sewer erty. ''We don't like to see a lot but Pack River and some sa,1: citizen~ who have orgamzed The system. . of little sewage plants" scat- mills further north of. the co e Com~1ttee to Prevent the Con- Before the annexation move tered tlu:oughout the country, Iege success[ully resisted th stn1~t~on of the Proposed, Coo- emerged, Pack River had asked however, Ross said. move. . . dommmm on the Coew· d Alene the Idaho State Department of The Coeur d'Alene City Plan- ln addition, Reed said, city Lakefroot.

Health to approve an indi vidual ning and Zoning Commission representatives have tal~ed un· Tony Stewart, committee co- sewage treatment plant to be first will consider the request in successfully to Pack River at

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least three times in the past 15 garage, living room-dining-kilchyears asking the lumber firm to en area, two or three bedrooms consider donating the beach site and a cubbyhole room for an to the city. additional bedroom, study or The beach site donation had den. With natural wood shakes, been sought, Red said, because stone fireplaces and balconies, the Pack River land has been the units would sell for between used as a common public beach $30,000 and $50,000. £or years. No signs prohibiting Nature Kept public use of the be~ch site "We will retain the natural ~ave been posted, long-time res- landscape," the designing archi1dents say, and no efforts have tect said. " If we have to leave been made to keep anyone off out two or three units to save the beach land. one tree. We'll leave the units Added Service out."

In addition, city crews provide The architect said the pine some maintenance and cleanup trees standing on the site will be service to the beach area, Reed checked for safety and those not said, providing trash cans and meeting the standards will be collecting garbage. removed.

Pack River officials maintain The firsl phase of construction that the beach area "was an of 24 units would cost about abandoned piece of ground $300,000, officials said. Expanwhicb people had been misus- sion lo 50 units is being consiing." The site has garbage dered, a spokesman said, with a dumped all over it, officials construction price tag of more ,said, and picnickers had cut than $1 million. down trees and dug holes in the Pack River officials said they earth, apparently for barbecues. had encountered "opposition to This traditional use of the area every project we've developed. is the keystone of the opposition We disrupt someone's idea of committee's arguments against what an area should be. People the construction. like to leave things as is."

A similar case involving the College Cited public's rights to a long-public Schuler not only views the beach is in litigation now, Reed condominium complex as elimisaid, in the Sanders Beach case. nating one of the few good pubIn common law, the Coeur Lie beaches on the lakeshore, d'Alene attorney said, the public but also destroying the future of re ta in s prescriptive rights North Idaho College. through traditional use of a fa.

The areas for expansion would cility, such as a beach area, be severely limited by the deover a period of years. velopment, Schuler says. "We Site Told have a 35-acre campus with Pack River's complex would 1,100 student.~ in the day sit about 30 to 50 feet from the school," the president says. shoreline, the designing archi- "National standards recommend tect, Grant F. Groesbeck, Spo- that a college with an expected kane, said. enrollment of 2,500 students The luxury units, based on the should have a minimum of 100 San Francisco townhouse idea, acres.'• would be similar to other Grose- NIC's sister college, the Colbeck-designed buildings at Al- lege of Southern Idaho at Rigpine Village on Liberty Lake gins. has a 240-acre campus for and the Schweitzer Ski Basin a current enrollment of 1,800 condominiums. students, Schuler said.

The four-story units would " This issue is crucial to the I have four levels for a heated future progress of the college,"

I

Schuler said. "Federal and state funding for construction won't be forthcoming if we don't have adequate land space" to serve future enrollments.

Sacrifice Told "It comes down to a matter of sacrificing four future college buildings at a cost of $1 million each for a private development costing $350,000 to start with."

Incidentally the president said a good-sized municipal s w i mm in g pool for Coeur d 'A I en e would cost about $350,000 and might be made neeessary if the beaches are not available.

To block the construction, the NIC president said be will recommend to the B~ard of Trustees to "use any legal means possible to bar the development."

In an ironic twist of fate, the legal issue may well come down to the terminology of the donation creating North Idaho College granted by Pack River's predecessor Schuler said.

Recalled

Gilt

In 1937 the Winton Lumber Company donated land near the pre$ent city beaches to Kootenai County, with the stipulation that a Wint.on Memorial Park be formed.

1n 1941 the idea of North Idaho Junior College was put together and the land re-deeded to NIJC. In the agreement, the lumber company reserved "all riparian rights on Lake Coeur d'Alene and Spokane River along or in front of said lots" to continue dumping logs for water storage along the shoreline.

The deed also specifies that "a public road shall always exisl and be maintained along the crest of the present dyke and that said road shall be kept open to the public," and "that no part of said property shall be used for commercial purposes. but shall be maintained for pub·

lie recreational purposes, except that any part thereof may be devoted ti, a sjte for a geqeral public hospital or public educationaJ jnstitution."

Rights Kept The logging company retained the . ripai:ian ri~ts simplf to continue 1ts )ogg_mg ope.rations, Schuler mamtams, and any commerclal development on the land "would be a violation of the spirit in which the land was given."

Pack River, which obtained the Winton Lumber ~o. interests through some busmess deals years ago, last used the shoreline. for dumping logs in the sprmg of 1969, Schuler says.

Stewart said the committee bas met wilh more enthusiastic support from Coeur d'Alene res• idents than he had ever imagined. "I've been involved in thi~~s like _lhis b~rore," lhe N!C political science mstmctor said, "but I've ~eve~ enco_untered a great reaction like this. People call throughout the day wonder· ing where they can sign the petitions, and if they could get a petition to carry around." . · Mixed Group The committee is composed of NIC students and faculty members, Coeur d'Alene High School students and a scattering of businessmen, housewives and farmers. The young, as expect;. ed are mosl enthusiastic and active, he said.

"It is almost a moral crusade, a dedicated emotional crusade with the young," Stewart said, "because they feel the loss of something very near and dear to them."

The committee plans to carry petitions throughout the city tomorrow in search of signatures. ln a town this size. any petition bearing the signatures of 2,500 people would reflect very strong sentiment and would have to be considered seriously by I.he ,city government, Stewart said.

Ccirid~n:1;iu1~t·Pr.;po~ar ,~

7 ~

Stirs Lake City Furor COEUR O ' A L E N E. Id aho ( AP ) - The proposed construetion of a condominium complex along the shores of Lake Coeur d'AJene has stir red a controvert,y in this north Idaho city.

Vowing to utilize every legal mea ns possible to fight the Pack River P ro~rties' development North. Idaho College President Barry G. Schuler says the entire future of the college hangs in lhe balance.

As an auxiliary move, 125 petilions protesting the condomi nium construction are being cir culated t h roughout Coeur d'AJene by a group of about 60 citizens who have organized The Com mittee to Prevent the construction of the Proposed Condominium on Coeur d 'Alene Lake{ront. .

700 S1piatUl'es Obtained Tony Stewar t, committee coordinator, said more than 700 sigoatu,es already b.ave been obtained and the cir culating petitions could bear a total of 4,000.

P e t i t I o n s ask UJe Coeur d'Alene Planning a nd Zoning Commission and the city council to "restrain and prohibit any

proposed changes that would ment of 2,500 students should modify, alter or remove the vi. have a minimum o{ 100 acres.' ' ta! recreational and aesthetic Schuler said federal and state values presen tly inherit" in the funding for construction wiU not beach area. be forthcoming if the college rack River offirials said they does not have adequate land will ask the city council to ~n- space to serve future enroll· nex l~e. beach. area to the city, ments. perm.itttng the proposed coml,;r;ue Crucial plex lo utilize the city sewer " This Issue is cniclal to the 11ystem . future progress of the college," Plans ' C'-0ntrary' he said. "It comes down to a Scott W. Reed, chairman of matter of sacrificing four fu the planrung and zoning com- ture college bu1ldin~s at a cost mission, said the development of $1 million each for a prh·ate fir m's plans to ask city annexa- development costing $350.000 to tion are contrary to its history. start with."

City effo_rts to a nnex the. area To block construction of the were resisted successfully m the complex, Schuler said be will past by P ack River, Reed said. recommend the school's board In additin, Reed said, city of- of trustees "use any legal ficial11 were unsuccessful oo sev- mea ns possible to bar the develeral occasions in the pa st 15 opmenl." years in requests to the lum ber The land donation creating firm to denote the bea ch site to North Idaho College came from the city. . Pack River's predecessor and The beach site dona tion had Schuler said any commercial been sought, Reed said, because develop ment on the beach site the Pack River la nd has been •·would be a violation of the used as a com mon public bea ch spirit in which the la nd was gi\'· for years. In addition, city en." crews provide some mainteSupport Entbusla11tlc nance and cleanup service to Stewart said his com mittee the area, Reed said. has met with more enthusiastic Area 'Abandoned' Slll;>POrt from Coeur d' Alene resPack Ri ver officials maintain !dents than he imagined. the area "was a n abandoned " I' ve been involved in things piece of ground which people like this before," the NlC polltihad been mJsusing." cal science instructor said, "but Grant F. Groesbeck. Spokane, I've never encountered a great th d · · hit I reaction like this. e esignmg arc eel. sad the "ll is almost a moral crusade, complex would sit 30 to 50 feet from the shoreline. The four-sto- a dedicated, emotional crusade ry units would sell for between with the you ng," Stewart said. "because they feel the loss of $30 .000 a nd $50,000, he said. th' d d " We will retain t he natural some l~f very near an ear landsca,,,e," Groesbeck said. " tf _to_th_e_m_._ _ _ _ _ _ _ __ we have to leave out two or three units to sa ve one tree, we'll leave the units out."

Commenting on the controversy, Pack River officials said they had e ncountered "opposition to every project we've developed. We disrupt someone's idea of what an area should be.

People Like to leave things as is."

Would Destroy Future The North Idaho College president, however, said the complex not only would eliminate one of the few gOOd public beaches on the Jakeshore but would also destroy the future of the institution.

The college's scope for expansion would be severely limited by the development, Schuler said. " We have a 35-acre campus with l.JOO students in the dav school," he said "National ~tanrla rd, recommend that a colle.ee wilh an expertPd enroll

Condominium Protested He has 700 signatures in his p<>SSe$ion now, and more are coming in protesting plans to construct condominium housing on Lake Coeur d'Alene waterfront, Tony Stewart said today.

STEWART, A North Idaho College political science instructor, is heading a group that calls itself the Committee to Prevent the Construction of Condominiums on Coeur d'Alene Lake Front.

This morning he was at a meeting in the NIC Student Union Building, which The Press was advised Thursday would be a rally conducted prior to solicitation of Petition signatures.

ONLY ABOUT 10 pe.rsons showed up; Stewart said the weather contributed to the size of the turnout, adding about 20 persons would be out

seeking signatures today.

The petition, addressed to the Coeur d'Alene City Planning Commission and City Council, protests plans by Pack River Properties, Inc., to construct condominium housing south of the Dike Road.

Supporters of the petition have said the rutwe well-being of North Idaho College is at stake, that NIC could be in trouble for receiving increased state and federal funds if the condominiums are built, and that the environment of the area would suffer adversely.

BARRY SCHULER, North Idaho College president, is among those opposed to Pack River's plans, feeling expansion of the college is threatened by housing along the waterfront obscured from view

at ground level by those on the campus by Dike Road.

Stewart said three representatives of Pack River met with his committee Friday afternoon. They indicated a willingness to discuss the wue, Stewart said, noting the committee hopes to meet with Pack River representatives again.

STEWART SAID he would like to see the waterfront kept for use by the public, and that its control should be by a governmental agency.

For ecological reasons, Stewart said, no construction of any type should ever be allowed on the property. Such construction could, he said, be damaging to air and water quality, as well as to soils on which the buildings would be constructed.

7k Ueu1t d!Abte Volume 66 Number 158

Coeur d'Alene, Idaho, Saturday, February 5, 1972

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PETITION TO PROTECT FT . SHERMAN LAKEFRONT AREA TO:

City of Coeur d'Alene Planning Commission and City Council

Whereas the condominium housing development now proposed for the beach areas surrounding North Idaho College would create vastly increased population pressures in the Fort Ground Area including intensified automobile traffic, recreational and leisure use of campus grounds, and general overuse of the limited land space available in the area and Whereas the accompanying smoke, exhaust, noise and traffic congestion would be disruptive of the essential instructional activities of the College and would impair the health, convenience, comfort and wellbeing of students and staff members and Whereas the present comprehensive campus plan designed to take advantage of the outstanding aesthetic qualities and characteristics of the area would be totally disrupted by high-rise buildings eventually blocking any view of Lake Coeur d'Alene and background forests and mountains and Whereas such diminished quality of environment would seriously impair the college's attractiveness for regular academic programs, summer school activities, conferences, and workshops reducing future opportunities for increased state and federal support of construction, student financial assistance and expanded curricular offerings and Whereas the proposed building complex would withdraw from general use the extensive public beach area that has been enjoyed without restriction for many years thereby seriously damaging Coeur d'Alene 1 s attractiveness as a center for tourism and community recreational and leisure-time activities and Whereas the manifold adverse effects of this project would be far-reaching, permanent and irreversible and would deny the many . special assets of our beautiful city to present and future generations without subsequent recourse or mitigation: Now, therefore, we the undersigned students, faculty and staff of North Idaho College and citizen's of North Idaho urge and encourage the Coeur d'Alene City Planning Commission and City Council to exercise legal authority to restrain and prohibit .!!!.k: proposed changes that would modify, alter or remcve the vital recreational and aesthic values presently inherent in the area described .

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PBIDAY, FEBRUARY ,&. 1972

The Water;f.ronf . .· , ....1 TIit PACK RIVER ~ : , .-,,ided it meet.a an requlretAents for

state and federal ftaim becait of

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P"!lllJDtllt • impozed regulation, - 1i1f Dike ~ Nor can we ,ee wbent ewsy ._, t.o comtruct condOJDiaiumt ,,.,.., ,mnll t.o lllidfnts will be lloDI th IOUth llkle of Dike Road west lmpaind - we ..,._ llaupt tlaaelill of the Coeur d'Alene City Limita. • . panta to ....... weN made OD tfa In fad, if it W'ke not for ·a ' iecenlly a-, of the student'I need - DOt on lllaC&ed n,uJatiDn (and one we apprcnie the Mdleflc qualitiea of Al.: .MIC

,.-aw

of), health departmem approval prior w i' ialuaaee of a eoant:, buildq permit - the compmy mipt weD be in pollltllion of penmti authoriziDI construction of ita

lullbOft deYelopment.

WHILE PA(J{ RIVER o~ &be CID develop it provided it

property and

meeta legal requirementa, many at

campus. · THE UAL · ~

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MIC president Barry Schuler, -

supported by are c<,astructioa of. the

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JI ....._ there ia adeqaate i.le Coev p'AJeae waterfront under public' ID . - tlle fla1me ••ntl u ttl need. ol. the .between 30,c,qp to 40,000 p •

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C'A>Rr d'Alene will be nby df ~~uata condoaainiums. t ".. · ftleftational ICftllle. · A petition writt.eo by NIC fa-..it, \.

One 1D1Wer in COllllectioll wMb ·the oppo1in1,

mefnber Tony Stewart states the eoOege would be impaired in cooneetion with future "opportunities for increased state and federal aapport of constr11etion, atudent tlnanclal asaistanee and apand~ cwricuJar activities. . •" .

Aad Mr. SchuJer ii quoted in the NIC student oewapaper as aaying the~ butlding of *he condominiums would be · a "deep tragedy for the college, for .i& cannot pow &hat happens. •• slDce a college mmt haft l80ID not only for bufldinga, but for recreation for the studenta/'

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We rea)Jy question whether North

proposed d eTel o p me n t of condominiums ii for the dty, munty or coDege dil&riet to purchue &be Jand from Pack River. Thia would~ ave it from deweiopms into a JiWi

deuty resident.ial ana.

· OF COURSE, there's the 'quellon of wh«e to find the money. · could always be put to Che totln - to • if they want to pq out IOlllt J110De1 t.o

n

ae Ule beachel.

Meanwhile, we hopo both

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February 9, 1972 TO:

Coeur d'Alene Press

FROM:

Tony Stewart, Coordinator Committee to Prevent the Construction of the Condo•intums on Coeur d'Alene Lakefront

RELEASE:

I••ediately As of Honday, February 7, 1972, our Comatttee had obtained

2,337 sfgnatures fn support of our posttton.

The Co••ittee wtshes

to announce that we plan to continue circulatfon of the petitions through Sunday, February 13, 1972 wfth petftfons available at the North Idaho College Student Unton Bufldtng.

Further•ore, we wfll

continue the house to house doorbe111ng on Saturday, February 12, 1972.

1

The CoM~ittee wishes to also infor• you that we have received

number of telephone calls and letters endorsing our position.

-IiYI.. /s fr-e s s ~ 'e le? s e -7'W'a.

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Pack River Condominium Plan Hit by College Head COEUR D'ALENE, Idaho North Idaho College trustees, faculty members and stu~nts are con~er;ned over Pack Ri~er Prope~e~ proposal for erecti~g condonuruums on a . narrow strip ~taterfront abutting the cam;/Jc President Barry G. Schuler told the Kiwanis club Wednesday noon "I'm certain that all the citizens of Coeur d'Alene will recognize the tremendous atakes involved in this issue " Schuler recited 10 most frequently-asked questions in the condominium controversy, ineluding a query: "Is it not inconsistent with the concepts of capitalism and free enterprise --- -

to interfere with the rights of

private property?"

His answer, in part, was: " In the American way of life the rights of private property have never been absolute.â&#x20AC;˘, He explained zoning as a means to protect home own_ers from encroach~ent by undesll'~¡ ble. coll'!mercial ventures m their neighborhood. The gu~st speaker ~~ted al~ . to _acti'?n ~Y larg! cities, and ID Calif~rrua ID particular , to correct s1tuations . where no restraints were practiced. .

Schuler noted the land tn question for tax purposes ha_s a market value of 16.5,000 agmlit Pack River's asking figure of $800,000.

Kiwanians heard that Winton Lumber Co. in 1937 donated approximately 35 acres for development as a park in memory of the founders, Charles J. Winton and David N. Winton, reserving to the company the riparian right& on Lake Coeur d' Alene and Spokane River. Conditions of the grant were " that it shall be kept open to the public, including the lirst party (Winton Lumber Co.), its successors or assigns, affording access to the reserved strip of land along the lake and river", and that no part be used for commercial purposes, but shall be maintained for public recreational purposes, except for a site for a general hospital or public educational institution.

Pack River 's plan envisions six buildings, each four stories high, facing south to the lake.

The site is not within the city proper.

According to Schuler, NIC is a growing college and within the next 10 years might get at least $4 million lo improvements, and hope to receive Sl million in the next two weeks for a science structure.

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Condominiums to Deface Beach?

Last week a stir began on the North Idaho College campus, instigated by the news that Pack River Developmemt Company intends to construct condominiums along the beach adjacent to the college campus.

Presently proposed are six buildings, each four stories high, to be constructed on the lake front south of the college in the area of the Yacht Club. Included in these condominiums will be a total of twenty-four apartments with facilities to house approximately one hundred twenty persons.

Tenatively, plans now call for the eventual construction of condominiums up to the site of the old ~lackwell Bridge.

Pack River's original plan, which was submitted to both the county and state health departments, included a small package sewer plant of their own.

Negative reactions were received from both departments.

Revised plans ol the project consist of linking to the city sewage system. However, before this plan can be activated, it is necessary that the land be annexed into the city limits. The annexation process consists of a hearing and approval by both the Planning Commission and City Council.

Upon contacting a representative of the Pack Rivers Properties Division, it was disclosed that a petition had been sent to the county and is presently being reviewed. He also confirmed the rumor that the Pack River Company would be developing the property jointly with another company or architect.

Since the sewage problem has not been resolved -and the county has not yet announced its decision on the issue, Pack River Properties has not applied for a building permit.

Spokane Dafiy C"hronk le, Tuesday, Feb. 8, 1972.

b3

Signers Opposed to Condominium COEUR D'ALENE, Idaho - A nounced plans to build a congroup or NorU1 Idaho residents dominium complex on lhe lake protcsUug lhe proposed con. shore near ~orlh Idaho College. . . .

The opposmg ,;roup plans to slruchon of a 24·urul condotnJ- present lhe petitions to the city nlum on Ute sho1·es o( Lake planning eommi:;}ion and city Coeur d' Alene say Utey have co,mcil in hope of preventing coUecled about i:l.400 signature!! city a nne.xati~n of lhe propoged of persons opposed to Pack Riv. conslrucllon site. er Properties, Inc. the de"eloplllML

I

Tony Steward, coordinator £or the group, said U1e canvassing last Saturday "wenl just gn~at."

About 40 per ceal or I.he peri.ons who ,,enl "doorbelling" have not turned in lhea.r petitions, he said . When U1ose petitions are turned in, Stewart said, lhe total number of signatw·es may reach 3.000.

The ~rou11 plans lo canvass again on Saturday and will keep petitions available at Ute North !

Idaho College Student Union Buildin~ througboul the week.

Pack Rh•cr Properties has an·

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Coeurd' Alene,ldoho

VOLUME 26, NUMBER For The Week of February 11, 1972

Condomi nium Controve rsy :.:u --- --.~:.; .,..... ..... ~ ·=·=·=·=·=·=·=·=·=·=·=·=·=·=·=·=·=·=·=·=·=· .::..:«:..' .::: ... .:- •:•!·=·=·=·=·=·=·=·~

President Schuler Voices Opinion

By Barry

Schuler

The principal argument userted with regard to the proposed condominium development on the Ft. Sherman Area beaches Is that the sacred right of private property must be maintained.

There are two weaknesses to this argument in the case of the Pack River Proposal. The respective property rights in the area are presenUy unclear.

The College owns the land upon which the dike road is situated plus an additional 19 feet toward the lake. The State or Idaho owns the beach and lake bottom below the high water mark. Northwest Timber Company claims property rights between these two lines. The Corps of Engineers claims jurisdiction over the dike Itself and the essential approaches to It. The public may claim that It has established prescriptive use of the area over the past 40 years, as is now being claimed In the Sanders Beach Area.

Until these legal questions are resolved It is premature for anyone to attempt to proceed with permanent improvements.

The Spokane Salling Club Installation Is a good example, since it now appears that it occupies College property on one side and State lake bottom on the other.

Secondly, it Is clear that the rights of private property have never been absolute in our American way of life. In early

treasures

such

as

hµtes,

streams, forests and beaches

which only God could create and once defaced would be irreplaceable even by the cleverest of men. The once Intangible values attributed to beautiful or peaceful or graceful surroundings have now become tangible, both because land developers find that they bring a higher price and because psychologists and sociologists have come to recognize that such attributes are essential to man's physical, emotional and psychological welfare. Hundreds of cities in our nation which have failed to understand the importance of such aesthetic and recreational qualities are now learning a bitter lesson.

The Pack River developen never have approached their College neighbor on the sboJU of Lake Coeur d'Alene to ascertain whether or not their proposed use would conDict with the Jong-range campus development plan of the College or with the on.going, normal oi>eratlons of a College community. If they bad been willing to listen to our point of view, we would have pointed out that the noile level generated by 150 or 200 people llvlq a few bundled feet f r O m O.u r v ~ ) I S S r O ~.m bulldlnp would be extremely disruptive of clasoom and library activities. The llllOke belching from the fireplace years farmers were expected chbnneys of each of the 24 or to control the noxious weeds 30 or 48 units and the intensive accumulation of on their property. Saloons could not be built next to a au tomobDe exhaust could chureh or school ,nd livestock create near smot conditiom could not be kept In a city on our campuL With one dwellers backyard. The reuon single garage per unit, parting problema In the . . . would for theae controls because it recopi7.ed by ft'en our obviously become 11181'e. 'lbe lea educated forefathers that developers are certainly one man's uae could vitally depending on the college affect the comfort, campus for the wllking of convenience and welfan, of bis dogs, the recreation of neighbor. It w-, therefore, chUdlen and the eTenlng apeed that where populations strolls of the residents. After be1an to concentrate, addlnc oftrbead power and re1ulations called ZOIUJll telephone lines, prbate ordinances would have to be pick-ups, eerrice calls and enacted to preaene order and truck dell981'1es, it should have faimesa for all. been apparent that the Recently, the concept of propoaed development would respecting a neighbors J:lgbt be totally Incompatible with bas been extended to include the coUete environment. the idea that all inhabitants of If tbele factom were not a state, a nation or a world convincinl, the current have a right to enjoy those campus apace shortage should special limited natural have, been. According to

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accepted standards a commuter college of 2500-3000 students should have a minimum of 100 acres.

North Idaho College bas 1100 daytime students and 35 acres and ls facing a rapidly expanding population. The College or Southern Idaho at Twin Falls has 1800 students and 240 acres. The Dederal Government and the State Legislature are not going to continue to fund construction on a campus that Is t.oo small to properly accommodate Its students. If buUdlngs wlll not be provided, programs cannot be added or expanded. If additional programs are not offered, students wW not enroll. If students do not enroll, additional state aid will not be forthcoming and Federal funding of such programs as nunlng education, student financial assistance, etc. wUI not be increased.

Four new buildings, including a general science bu 11 d lng, a vocational education building, a performing arts-audlt.orium building and a library could be expected in the next ten years, each costing approximately $1,000,000. 'lb.ls t.otal of $4,000,000 constitutes a lot mont work for the local construction trades than the $350,000 t.o $700,000 now being propoaed

by Pack River. ·(In fact, $350,000 is about what a good municipal swimming pool will COit when the Ft. Sherman beaches are iemoved trom public uae.) In addition, the colle1e employs approximately one staff member (faculty member, janlt.or, EC1etary, etc.) for each 10 studenla enrolled. An additional 1000 students In the next 10 years wlll mean 100 new jobs in a non.pollutlnl Industry. Coeur cf'Alene cannot )lave both.

Either it mu.st mist the Collete to acquire the addltional land it needs or it mu.st be prepared to accept the eventual establlsbment of a new campus, including the Iona-range prospect of a four-year col1ete, in aome . other area of the Panhandle.

Continued on Page2

t'reSI-dent

V OICeS • 0 plIDODS • • 'Continued from Page II

It is also clear that the de- students during the academic velopers did not consider their year. It ls obvious that the neighbor, the City of Coeur city's whole reputation as an d'Alene. The principal charm attractive tourist center Is at of this beautiful city and its stake and if lost will require special attractiveness for significant adjustments in the tourists over the years has city's economy. · been its beaches, its boating Not .only will the .life of the and Its magnificant panorama. business community be The proposed development altered, but every little boy will certainly significantly and g1rl, every h!enager and dimin.ish two of the three most of our working people features. The consequences for will have lost the way of life businessmen dependent on the that perhaps lured them to Or tourist trade will be profound. kept them In Coeur d 'Alene.

The influx of area visitors, Unless they are lucky enough Canadians, campers, and to find a spot in the city park tourists from f.u away will be -beach, they will 110 longer be narrowed to a trickle. The able to frolic in the clear lake greatest drawing card bas been water, sunbathe In a lounge the free beaches for chair on the beach or meet sunbathing and swimming. The their freinds for a lakeside great numbers of visitors will barbecue. They also will lose no longer stop in the Lake the exhilaration and joy of City to fight for a square foot viewing the serenity and on the public beach. Their matchless beauty around them absence wm be keenly felt by as they drive home from work gas stations, restaunnts, or take an evening ride with sporting goods stores, mot.els, their family. gift shops and drug stores to These beaches are still mention a few. The 150-200 friendly and Inviting for the condominium dwellers who area's swimmers as evidenced may or may not live here year by their numbers each· summer evening. The problems around can hardly be expected to replace the spending power experienced In policing the of a constant turnover of area derive from the fact that 500-600 visitors per day the owner has managed to during the summer season and keep the beaches outside the an ·additional 1000 College city fimits to avoid paying city

taxes. City police have, therefore, been reluctant to supervise those areas, since tf\eir jurisdiction bas been questionable, The dty limit is now the dike road. Without the additional taxes, the city parks department has obviously not had enough money to maintain areas outside the municipal limits.

Many questions about the proposed development must be satisfactorily answered before "'8n the strongest advocates of prlvat.e rights should lend their support to the condomlnlum· cause. If no land fill is to take place, what kind of massive concrete foundations will be installed to support the fou.r-6tory units? wm ·the exist.ence of sewerage tines ·on the beach side of the dike not creat.e the dai,, ger that such lines could be uncovered and rupture during a Oood? What about the possibility of · electrical outlets in the garages, or underground ·electrical cables or overhead lines endangering Oood . control workers In the high water season. Where will sufficient off-street parking be provided? Will bre_aching the dike to provide driveways and utlllty services endanger the protection now provided to college property. What will Coeur d'Alene have to attract travellers enrout2 to Expo 74?

Until these many questions are answered forthrightly and completely, all who lote Coeur d'Alene and ~

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The Spokesman-Review, Sunday, Feb. 13, 1972.

Condominium Survey Uncler Way Three-member survey party for Pack River Properties is staking and locating corners at dike road (Rosenberry Drive) fronting North Idaho Colle~e campus in preliminary work for announced condormnium project at Coeur d'Alene lakefront. Meanwhile college students, led by faculty member Tony Stewart, is

pushing protest petitions, totaling about 2,340 prior to another "doorbelling" session Saturday. Persons circulating the petitions are opposed to what they claim woutct be a modification. alteration or removal of ''vital recreational and aesthetic values presently inherent" in lakefront area. (Sowder photo)

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Petition to'Go To City Council The anti-condonimum petition being circulated in Coeur d'Alene will be presented to the City Council Tuesday evening at 7:30 p.m.

TONY STEWART, chainnan of the Committee to Prohibit Construction of Condominiums on the Coeur d'Alene Lake Front, said the petition, which had received 2,337 la.st week, will not be presented tonight at the NIC trustees' meeting.

"But we expect the board to take some action on the ismie," Stewart said.

He said when the petition is !)resented to the Council Tuesday, supporting evidence and facts will be presented in support of the petition along with endorsements from what he termed key government officials.

STEWART SAID in signing the petition, you voice your . opposition to the construction of the proposed Pack river Pro~rties, Inc., condomfoium project near the North Idaho College campus.

Late last week, the NIC Faculty Senate voted to oppose construction of the condominiums.

Alene, Idaho. Tu-...9, February 15, 1972

PRICE 10CENTS

NICBoard Okays Stand The N_. Idaho CoUece (NIC) Board of Trustees u111rdmo• endoded NIC President Barry Schuler's statement oppolinc construction or the propoeed Pick Rivet condominiums on Coeur d'Alene Late shoreline neu the campus.

THE ACTION was taken after a dlscusion or the ilsue.

Meanwhlle a representative of Pack River Propenies, lnc.. wa scheduled to meet with city and county officials ln Schuler'a office today to otter a selling price tor the property.

PEfflIONS and testimony aplnst the propoaed eonstnactlon ril be pcaented to the City Council at its meeUng tonight.

Scbulff &old Tht. Preea the college doesn't feel It ls the proper acency to purchue the property, but that county or city oftldals may wish to do Coeur erAlene Mayor John McHugh, Oounty Commissioner Eugene 1._ana, Schuler and Pack River Director Leon Lewla w. . tchecluled to be at the meetlnf.

NIC'S ~ r point of opposition to the propoted construction Ii the lack of clearly-defined property rights In the areo here comtructlon ha beeQ proposed.

S~ler aid for ,ean the uea bas beep used n pubbc Nedi with no property sifns '111ble, and he would like to see I.be W turJM!!l lata a ptlbBc ,ark owned by a pubk ICtDC)', TNt 9'oat-1fembers creed.

• TIIE NE l)ltlident allo noted . that construcl.lon or condomhdulal would interfere with the overall plans of &be collep. He uld construction would interfere with plans for construction of a science buildmi on the NIC campus..

"We were upeet that Pack rover representatives didn't consult with III about our plans for the caapus." be aald "Construction ol the three lltory bouen, units would be a dellnlte clllruption of the NIC building plans."

R. 0. Nelson, architect in charge of science bulldJng deslan, told the board members condominium construction would necemtate a chance In its science bulldlng plans.

Schuler said because or the three-s&ory hele,bt of the proposed condomlnluma, their construction wou&d interfere wlih the view of the lake from tbe science building.

PETITIONS that have been citculatlng for the past two week, will be Pftlli8!lted to the City Council tonJiht. Tony Stewart, a facu.Jty member at NlC and head o( the petition campaign 1Pinst the Pack River proposal said he'll give the signatum to the council, alo~ wtth testimony from local buainessmen and IOIDe city officials.

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winds add Owned by

laland Bay !'Alene at ,r take off on, Loren

ATTENTION SUPPORT TO

THE

SAVE

COEUR d'ALENE

BEACH AT MEETING

COMMITTEE

CITY ON

FEBRUARY CITY

15,

COUNCIL

TUESDAY,

7:30 HALL

P.M.

February 15, 1972

{; r' f / Opening

AGENDA

o -F

C;e~~ cl A If JA. e

Co u rtct'I

/!Vt. ~ e f ; ll1',

Roll Call Mi n utes of Previous Meeting Presen t ations: (a)

(Visitors, Petitions, applications, etc.)

Tony Stewart - Petition ¡N.I.C.

Applications :

Buil ding-Idaho Forest Industries - a dock.

Committee Reports (a)

(b)

(c)

~ .Engineering & Streets: 1 -R~quest permission to move Emory Gaines .

2-Uumping of septic tanks into the sewer.

Park s & Recrea tion -

P o l ice-

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~o,d -lA <I-&{_ JYe :< f

p;p--e.

( d)

Fire-

( e)

Finance, Health & Sanita tion-

( f)

Li brary

Uni i nished Business- (2nd & 3rd readings, tabled actions , etc .

New Business (1st readings, etc.)

Ann ounc eme nts :

Ad j o urnme nt:

71e UJ&JJt t1'rt~ I Volume 66 Number 167

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Coeur d'Alene, Idaho, Wednesday, February 16, 1972

PRICE 10 CENl::.

Condominiums

Petitions Presented., Offer to Sell Made

Petitions turned in and an offer to seU. These are the latest developments in the proposal to build condominiums along Lake Coeur d'Alene near North Idaho College.

Tony Stewart, chairman of the Committee to Prevent the

Construction of the Proposed Condominiums on the Coeur d'Alene Lakefront, Tuesday night presented petitions he said bad signatures of 3,504 protesting the condominiums.

At the same meeting, it was announced Pack River Properties, Inc., owner of the land south of Dike Road, has offered to sell the 3,600 feet of waterfront for $800,000.

THE OFFER was made earlier in the day by Leon Lewis, general manager of the Spokane-based firm.

Today, the company issued a statement the firm, wh1, n process of making application to the necessary 1', 01:.ator bodies in Coeur d'Alene and the State of Id11ho f1 construction of condominiums on our Coeur -''Aler beachfront property, became aware that there was a grei public interest in our property.

"AT TJilS TIME, we are offering for sale this beachCro property to and for the public interests. This offer is bei

PROTEST GROUP CHAIRMAN Tony Stewart, speaks to Coeur d'Alene City Council Tuesday night prior to filing petitions bearing more than 3,500 ,ignatures of persons opposed to construction of condominiums on l,ake r,oewr ,rAlene watemnnt

near North Idaho College. In background Stewart's right shoulder is Barry Schuler, president whose policy statement opr0~ n condominiums was approved Monday bv NIL trJ.Stcc&. Among Ccuncilmen listening t c St~wart are

Hank Komosinski and Don Johnston Pack Riv, Properties, Inc., owner of the land, has not ap.,liul city for annexation of its l¡ id no\, in the county, Sj Council took no action on petitions other th.an dCc¡epl them.- Press fhoto

By TERRY SCHICK

Editor, The Press

made through Bury Schuler, the president of North Idaho College."

Lewis, in his letter to Schuler Tuesday, said Pack River's projections call for a valuation of $260 a front foot, or $940,000, and that the condominium project would have put the valuation at about $1.44 million.

While notice was taken of Lewis' letter at the Council meeting, no action was taken on it nor the petitions.

THAT'S BECAUSE Mayor John McHugh pointed out no request to annex the Pack River property to the city has been ieceived, so no official action can be taken until the matter comes before the Council.

Stewart, an NIC faculty member who Councilman Ray Stone said is not representing the college In the dondomlnium issue, said his petitions bear signatures of a significant portion of the residents of Coeur d'Alene and Kootenai County.

Stewart said he believes In private property rights, but at the same time recogni7.es the rights of the entire public to enjoy and use scenic beaches such as those along Laite Coeur d'Alene.

He said there Is evidence the ecology and environment of the beach would suffer should the condominiums be allowed. ¡ HE QUESI'IONED whether adequate protection could be built into sewage lines serving the condominiums so that they would not rupture and pollute the lake.

The condominiums, he said, could create a wall around a portion of the lake.

"I contend Coeur d'Alene lake is what makes the beautiful city of Coeur d'Alene," Stewart said.

He said air pollution could arise around the college campus from fireplace chimneys in the proposed lakefront buildings.

HIS GROUP opposes the condominiums because or what he beliews will be an adverse economic impact on the area-particularly as It relates to the tourist Industry, Stewart said.

Stewart said his group also is concerned with the impact construction of the condominiums would have on higher education, declaring: "WE BELIEVE there will be severe and lrrepairable damage to North Idaho College if this construction Is allowed to take place."

Not only the aesthetic values of the college campus will be affected, h,e said.

The condominiums would cause noise pollution, children playing on campus property, people from the buildings walking their dogs on the campus, and unauthorized parking of cars on college property, Stewart predicted.

He said the college, if its normal growth and expansion is to be allowed, will need additional acreage.

FEDERAL FUNDS, he said, depend In part upon meeting certain requirements for open space. Even if the college doesn't own the beach, its being dedicated to use by the general public would help meet open space standards.

If the issue got right down to cases, he said, the Council may well have to decide which ls more important: ''your colle,ee or construction of condominiums with perhaps 200 people."

Stewart presented letters of support of his group from several groups and state legislators.

HE PROPOSED public ownership of the Pack River beach property, urong city, county and state officials to find a way to buy the land.

Stewart said the Kootenai County asaessor's office has the market value of the property posted at $65,150, and that the $800,000 offer of Pack Rivet Is too high.

His group, Stewart concluded, will use all legal means available to prevent construction of the condominiums.

Feb .

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PROJECT STIRS FUSS

DeveIOper Offers to Sell Land Strip COEUR D'ALENE, Idaho - City Councilmen were presented information Tuesday night to the effect that Pack River Properties is willing to sell its strip of land fronting the North Idaho College campus for $800,000. A letter from general manager Leon Lewis of Pack River Properties, sent to President Barry Schuler of NJC, said in part: ''Our original projections called for a land val- , uation of $250 per front foot average. ~he 1otrip or land is 3.600 "The condominium project reet: this makes lhe land valua- called for a joint venture which boo $940,000. would put the valuation In the neighborhiod o( $1,440,000. As would be permitted and joined with the project, there are the possibilities of marinas and restaurants. " The principals or our company feel that at this time we would be in a Position to offer the ,property at a price of SS00,000. Time i" of the essence in acceptance of this offer as time controls the proper steps in the development of th.i~ property in accordance with our condominium plans."

Tu Payments Protestants presented information. reportedly ob t a i n e d from the office of Kootenai County Treasurer June Epstein. that Pack River in 1971 paid taxes of $1,331.66 on land covering its waterfront strip. varying from a bout 30 to 70 Ceet, and which also Includes a 10-foot strip south of the old Blackwell Bridge site not desired for col-, lege use.

Opponents Heard COEUR D' ALENE, Idaho Protest petitions bearing 3,504 signatures oppasing the c>ro· pased constructio!' of condo'!li· niums by Pack River Properties at the Coeur d ' Alene lakefront and Spokane River banks fron~ ing North Idaho College were presented to city councilmen Tuesday night.

NIC faculty member Tony Stewart, coordinator for a clti· zens group opposed to the con· dominium project. Acored the announced plans of the development concern.

30-Mlnute Talk During his so-minute talk to the council Stewart liste.d a num· her of reasons for his group's concern. Be asserted : l - Private property rights in the affected region are indeter· minate at present: 2- 'iewage facilities to take care of the projected condomi· nium are inadequate; 3-Tourism would suffer and, 4-Permanent and irreparable damage would be done to NIC educational efforts through construction noise and disruption and preemption iC parking facilities.

Letters Present.NI He then presented several letters rrom state Political leaders, civic, fraternal and educational organizations - all opposed to the project, Stewart said.

Some 65 persons jammed city council chambers in the second floor of the courthouse. More stood outside in the hallwa y.

City officials said no one appeared lo answer critics of the condominium project and no one was identified io the gathering who represented Pack River Properties.

I

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Chr-on,',1e

Fr>t lf/n

Protest Voiced; / ,_ Land Offer Set chi~

COEUR D'ALENE, Idaho- from the North Idaho of Petitions signed by 3,550 persons the Idaho Environmenta iinprotesting a proposed condomi- c1l, the NIC Student Board of . n o mencan ss9c1amum development on the shores ti.Qn... .Qruvers1(y Professors, or Lake Coeur d'Alene were pre- ffie Jch!io Wirdlile Federation, seoted to the Coeur d'Alene City tlie NIC board or ~s!,ees. NIC Council last night. ~ly-seiiite, Post Falls ..Ki· . . wams club and Idaho t dfnt The council ~~ no action ~n vernment Associatioo the controversial issue and will · study the petitions when consi· Ste~art su~gesiecfthat the dering a possible move by Pack land In question be purchased I River Properties Inc., the con- by a governmental urut through dom.inium developers, for an- a v a_ ii a b I e federal matched nexation to the city, Max Pope, fund-,. city administrative assistant, In a separate development said. yesterday, Pack River Prop.

The condominium proposal e rties, Inc., officials orfered has been crticized by a group of to sell the land for $800,000 North Idaho residents for its to NIC or any public interdetnmental effect on the envi- est. The orfer was made to r o o m e n t, the tourist-based NIC President Barry G. Coelll' d'Alene economy and the Schuler. future of North Idaho College. Stewart related the offer to the The group also wants to pre- ja~med council chambers and I serve the )and for public beach said the market value of the use. property listed on the tax rolls The 24-u nit condominium is $65,150. would be located on the edge of Bob Green, office manager for the NIC campus.

Pack River Properties, said the Tony Stewart, NIC political tax roll listing has little relation science instructor and coordina- to the actual value of the land. tor of the opposition group, pre- '·Anyone familiar with the way sented the petitioos and told the land is taxed knows the listed council be bad recejyed backi~1value has absolutely no bearing from legislators and va~ni:: on the land at all. A $30,000 state groups. H~ ~ati[Jhe J ~ house, for instance, might be cfude Sen. Wayne Kidwell R· listed on the tax rolls at $8,000 Boise, n. ur an es... D- or $9,000," Green said.

Coeur d'Alene, Sen. C,y C. Green said Pack River made Chase, D-St. J.~ries.~ Rep. Rob- i the offer "primarily because of erl Haakenson, D-Coeur. d'Alene, the feeling against the condomiRep. Larry-C.Oney, D-Post Falls_, niums. We don't want people to and _Re.I?., JofillMofyneaux, D- think of us as bad guys." ~ ~ e. · Pack River Is giving up Endorsements also have come I about a $600,000 profit, Green said, because the developed land would be worth about $1.5 mlJlion to the flrm.

U the land is not bought.

Stewart said, litigation could be entered on the grounds that the college deed was violated. Winton Lumber Co.. predecessor to Pack River Properties, retained only reparian rights for log stor-1 age when deeding the NIC property, Stewart said. The deed specifically states that the prop· I I erty is to be used for recreational, medical and educational I uses, he said

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Pack River ' Said Losing Housing Fray COEUR D'ALENE, Idaho Pack River Properties bas practically no chance of winning its battle to construct a condominium complex on the lake beach here, Tony Stewart said Sunda y.

Stewart, coordinator of the Com mittee lo Prevent Construction of the Condominiums on Coeur d'Alene Beach, said it ha& become clear public sentiment. is in favor of preserving the beach area !or public use. He said his organization has presented the Coeur d'Alene City Council with a petition signed by 3.600 persons s up1>0rting this st.ind.

"It now appears there is a good chance the city government will purchase the land from rack River," Stewart said. "Because it is becominl appare nt the firm will be unable to build condominiums on the site, the land is of little value to it.

"However, Pack River has said the site is worth $800,000 which is an unrealistically high fig. ure," be said. "We ho~ to have the site appraised for true value soon," Stewart said.

He said that when the beach , land was redeeded to North Idaho Junior College, it was stated in the deed the land was not to be used for commerciaJ use but was to be kept open Âľ, public recreational purposes, except that any part of the Jal'ld could be devoted to a site for a genera l public hospital or public educational institution. " It never was the intention of the original donors of the land that it be used for commercial purposes," Stewart said.

"I have received a copy or a letter from David J. Winton. a . member of the lamily which owned the Winton Lumber Co., , which originally dooated , the . land, that confirms this fact.'' he said. ¡

No Decision Yet-McHugh While the leader o( an effort to stop condorniniwn construction says there's a good chance the city of Coeur d'Alene will buy the waterfront, Mayor John McHugh said today the city has made no decison.

TONY STEWART, 523-8 Hubbard Ave., coordinator of the Committee to Prevent Construction of the Condominiums on Coeur d'Alene Lakefront, was quoted today in a United Press International dispatch as saying it appears the city will attempt to purchase the property from the owner, Pack River Properties, Inc., Spokane.

McHugh told The Press today he hasn't "talked to Mr. Stewart about this; it depends upon what the people want to do, and whether we can get together on a reasonable price." ¡: McHUGH SAID "at this point all the city is trying to do is determine if the people want the city to negotiate on the price of the property."

A survey is being taken to detennine if Coeur d'Alene. residents want the City Council to call for a bond election to okay purchase of the property which Pack River has offered to sel1 for $800,000.

THE PROPERTY is located west of Coeur d'Alene near North Idaho College. Stewart has termed the price asked unrealistic.

Meanwhile, the League of Women Voters of Coeur d'Alene announced today its position on the property.

EIJZABETH SOWDER, Hayden Lake, LWV president, saitt "the League has concluded that construction of the. condominiums as proposed by Pack River Properties is not compatible with either city or county zoning policies." ¡ She said all the adjacent area lying within the city has been zoned Residential-!, "which is the most restrictive, lowest-density designation. ''The proposed county zoning for lakefront property is also the most restrictive. This is to minimize the impact of building upon the natural surroundings of the bodies of water."

Mrs. Sowder said events surrounding the controversy over the property point up the importance o( long-range planning for the acquistion and development of recreational land for public

use.

"EFFECTIVE PLANNING includes comprehensive zoning to 8$ure that our lakes retain their natural characteristics, aesthetic appeal and water quality," she stated.

She said the League of Women Vot.ers group here feels the beach in question should be acquired for public use, and recommends a special recreational zoning category "be evolved to apply to lakefront and other recreational property."

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MORE RESIST CONDOMINIUM COEUR D'ALENE, Idaho Coeur d'Alene Wildlife Federation has recommended no modifications be made in the Environmental Health Code or Kootenai County's zoning ordinance " to accommodate condominium construction," president William M . Knox said Tuesday. He said the federation at its monthly meeting approved, without dissent, a resolution supporting North Idaho College's effort t.o block condominium building at the lakefront adjoining the cam.pus.

Wildlifers also ask in their resolution " that the city council o! Coeur d'Alene deny any r equest for aMexation of this property to the city to qualify them (Pack River Properties.

Inc.) for sewage disposal, and that action be taken to determine a !air purchase price for

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this property." The resolution also suggests that the more than 3,500 feet of lake and riverfront " be considered for purchase by a public entity and placed in the public domain for perpetual use as a recreational area."

The council has before it petitions signed by about 3,600 objecting to condominiums at the NIC campus waterfront in the event a n n e x a ti o n is pushed. The wildlife federation is the Largest organization t.o date in opposition.

A week ago Pack River Properties' proposal of a $800,000 sale price was disclosed in council chambers.

NIC president Barry Schuler spake Monday night before the Lions Club, expressing the wish that some governmental unit, other tban the college,

would buy the Iakefront strip in question and preserve it for public use.

Schuler noted Koo t e n a i County taxpayers have put $3 million into the college. He said, "I have a respansibillty to speak for them,'' Schuler said construction of condomin'urns there would block the growth of the college and stem the influx of tourists. In urging that the lakefront be zoned to prohibit condominiums Schuler said consideration should be given the original intent of donors of the property (Winton Lumber Co., predecessors t.o Pack River) and the undefined property rights in the area.

He also told the Lions the market value of the property is $65,000; assessed value $9,016, and that taxes on the property in 1971 were $1,332.

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caRbltlal R€Vl€W Number 16 February 2 4, 1972

ur d'Alene, Idaho

Petitions Presented to Council On February 15, a protest committee brought before the Coeur d'Alene City Council petitions with a total of 3,504 signatures of North Idaho citizens and another 130 signatures from Coeur d'Alene school children protesting the proposed construction of condominium complexes on the Coeur d'Alene lakefront.

Spokesman for the Committee to prevent the Construction or Condominiums on the Coeur d'A\ene Lakefront was D. Tony Stewart, who presented the petitions to the City Council membe.rs and stated the group's reasons for opposition of the construction of such buildings.

Stew art cited such reasons as the lack of a good sewage disposal system, lack of adequate parking facilities for guests of the condominium dwellers, and lack of adequate recreational space for the inhabitants of the apartments.

Should these new neighbors or the College Community desire to use the campus facilities for

parking and recreation, Stewart pointed out, it would disrupt the atmosphere of the college to some notable extent.

The spokesman make it clear that a certain amount of open space is required around a college for both a good academic atmosphere and Federal building funds.

Although this land need not belong to the college, it must bP. accessible to the students.

Also in his remarks, Stewart noted that people who come to Coeur d'Alene come mainly to use the lake, and that these people do at least three things while they are here on vacations: they eat, they sleep, and they usually buy gas for their cars. Ir the beaches were blocked off to public use (even if the tiny city beach remained) a sizable group or the Coeur d 'Alene merchants would be affected.

Letters of support from many groups were presented to the council by Stewart.

These included letters and memos from the district 2 and 3 legislators, Senate majority leader Wayne Kidwell, the Idaho Student Government Association, North Idaho College's Student Board of Control, the North Idaho Chapter of the Idaho Environmental Council, the NIC Chapter of AA UP, the Idaho Wildlife Federation, the NIC Faculty Senate, the NIC Board of Trustees, and the Post Falls Kiwanis Club.

Presented to the Council, also, was the Committee's solution to the problem of the const r uction of the condominiums, which is ror the city, county, and state officials to get together and find a way to purchase the land from Pack River Development Company.

Following Mr. Stewart's presentation, there wm; a loud round of applause from supporters at the meetlng to· which Mayor McHugh responded ''To keep things in

the proper perspective, I would like to mention that this is not a Town Hall meeting, and we must operate under certain rules of order."

The mayor went on to say that "At this point the City or Coeur d'Alene has no request from Pack River. The prope.r ty is not within the City or Coeur d'Alene, and not asked to be annexed formally. They have not written us a letter asking to be on our sewer system. they have not asked for any zoning, they have not asked for any building permit; so at this point "Ne have no request upon which to act."

As the Mayor continued, he remarked that he didn't want any of those present to think that they (the council members) were not looking int) the possibility of bu91ng the property, "but what I don't want is to stay here until midnight listening to dissertations about somethlng that is not before us because we have no request before us at the moment."

Councilman Ray Stone addressed the mayor on this point saying "Your Honor, you say there is no formal r equest that has been presented, but I know from the record that you read a letter to the effect of the intent. Now is this wrong or right?"

Mayor McHugh responded "I don't recall a letter, Ray, and maybe rm wrong. You know rm wrong once every day, and this is the first time today. But I don't recall a letter.

Stone merely replied "You had the letter in your hand."

Also during the course of the meeting, several citizens stood and voiced their opinions on the issue, all opposed to the construction of such condominiums, and supporting the idea of having presented the retitions at that time rather than havir1t, .vaited tor Pack River Co. to make the first move.

No one appeared on the behalf of Pack River, or at least no one spoke for them.

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Volume 66 Number 176

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Coeur d'Alene, Idaho, Satu rday, February 26, 1972

Opinio~s S~ught on Water Firm, Front age -

By TERRY SCHICK

Editqr, The Press

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Do you think the Cily of Coeur d'Alene should buy out the Idaho Water Company's facilities and operate the system itselr?

DO YOU lhink the City of Coeur d'Alene should buy Lake Coeur d'Alene waterfront near North Idaho College on which a firm plans to construct condominiums?

Yes or No answers to these two questions-tied in with whether residents are willing to foot the bill for the two acquisitions-are sought by Mayor John McHugh.

McHUGH, in the Winter edition of the newsletter that will be going out about March 1, to half the community with sewer bills, disclosed the water company will sell its system to the city for $3~ mill.ion.

Keith E. Stokes, Boise, president of Idaho Water, told McHugh in his Feb.

18 letler lhe price "will remain in effect for 90 days and will be withdrawn at the end of that time."

The mayor said the city, prior to making any counter-offer to the company, would employ its own engin~rs and appraisers to value the system.

"Before we incur any expenses,'' McHugh said, "we would like to know the general feeling of our citizens."

HE SAID without making a detailed study, it's assumed little or no federal funds would be available to asgst in the purchase.

To amortize a $3.5 million bond issue over 30 years, assuming 6 per oent interest, would cost the city about $325,000 a year, he said.

This, he continued, indicates water rates would have to be increased over the present schedule by 90 per cent.

Currently, it was pointed out, Idaho Water Company has requested more than a 100 per cent increase over its 1971 rates. That request ti pending

before the Idaho Public Utilities Commission.

The company seeks the increase, McHugh said, to provide it with additional funds to pay property taxes, in co me taxes, amortize their indebtedn~ and provide a return on their capital.

"These are expenditures which would not be req"uired of the City of Coeur d'Alene if we bought the system," McHugh said.

Newsletter recipients are asked to fill out their response to the statement: " I desire the Coeur d'Alene City Council to pursue the purchase of the Coeur d'Alene water system, realizing that a revenue bond issue (perhaps increasing water rates 90 per cent over 1971 rates) would be necessary to purchase the system."

The other question is: "SHOULD THE city try to buy this water frontage from Pack River properties, the city's portion of the cost

lo be paid by issuing bonds and subsequently retiring the bonds through property taxes?

T he frontage includes 3600 feet of waterfront the owner, Pack River Properties, Inc., Spokane, has offered lo sell for $800,000 to and for the public interests.

May 14 , Tony Stewart NIC political science instructor and chainnan of the Committee to Prevent Construction of Condominiums on the Lake Coeur d' Al1me Walerfront, presented petitions lo the City Council he said had signatures of 3,504 persons opposed lo the condominium plan.

PACK RfVER plans to construct cond o minium apartments on the property, and estimates the value of the project when completed lo be $1.44 million.

Opposition to this plan developed, with those opposed citing connicts with the long-range development plan of North Idaho College, loss of open space, loss of tourist income, and damage lo the environment.

AT THAT meeting McHugh said no request has come from Pack River for annexation of the waterfront to the city , and that the Council has not ruled out looking into acquistion of the property.

In the Winter newsletter McHugh said ) it would have to have the property appraised before reaching any decision on whether to make a purchase offer.

SEVERAL GROUPS have protested the proposed construction, including the North Idaho College Board of Trustees, which Feb. 14 adopted NIC President Barry Schuler's statement opposing the condo miniums.

AS IN T HE waler company question, he said the city wants to get the opinion " from our taxpayers" before incurring any expenses."

He said a federal program exi.5ts to provide 50 per cent funding for req ui.5ition of recreational property , but

it's not known the availability of ru nds from this source.

ASSUMING FEDERAL funds were available, said McHugh, and the price was $800,000, the city's portion would be $400,000.

"These monies," McHugh said, could only be raised by a bond issue."

Based on a 20-year-bond election approved by vote.rs and a 6 per cent interest rate, McHugtr estimates the issue could be retired at $32,000 a year, or by 2'h mills based on the city's 1971 assessed valuation.

Using the 1971 tax levy as a base, the mayor figures the bond i.5sue would increase the property owner's total tax bill by 2 per cent (the city's levy represents about a third o f the total tax payment).

"I personally favor this procedure, and should public sentiment indicate that we should proceed, I would so recommend to the City Council," McHugh concluded.

Effort by Mayor Lauded Coeur d'Alene Mayor John McHugh has been commended for seeking opinions on whetheY the city should buy additional Lake Coeur d'Alene waterfront for recreational purposes.

Tony Stewart, coordinator, Committee to Prevent Construction of the Condominiums on Coeur d'Alene Lakefront, wrote McHugh Monday the committee was pleased McHugh is seeking public opinion on the is.5ue.

THE PROPERTY includes 3,600 feet of waterCront on Lake Coeur d'Alene near North Idaho College.

Stewart said his committee believes the property is worth much less than the $800,000 sale price offered by Its owner, Pack River Properties, lnc., Spokane.

McHUGH, lN a . newsletter being sent next month to sewer-water customers, said the city would have the property appraised before making any¡ offer to Pack River.

He is asking residents to answer yes or no to the question: "SHOULD THE city try to buy this water frontage from Pack River Properties, the city's portion of the cost to be paid by is.5uing bonds and subsequently retiring the bonds through property taxes?"

Stewart says his committee proposes the question: "Do you want the city of Coeur d'Alene to attempt purchase of the Fort Sherman Lakefront for use as a public beach If the land can be purchased for a reasonable and fair price?"

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Schuler Speaks to Students The 15th Popcom Forum of the 1971-72 school year was held on Monday, Mareh 13, in the SUB. Topic of the forum was "Why We Should Save the Fort Sherman Beach Area Ten of the Questions most often asked Concerning the Pack River Company's Proposed Development." NIC President Barry Schuler was the featured speaker.

Before introducing Schuler, Mr. D. Tony Stewart, head of the Committee to Prevent the Construction of Condominiums on the Coeur d'Alene Lakefront, attempted to clarity just why the president was addressing himself to the students on the condominium issue in this manner. Stewart stated that President Schuler wanted the students to bear the president's remarks in a straight-forward manner.

Schuler had given speeches of much the same type in Coeur d'Alene before, but these speeches bad not been given appropriate coverage by the mass media, thus their point bad not come across clearly to the citizens.

President Scbuler's first question, which bas often .been brought out in the condominium controversy, was, "Is i., not inconsistent with the rights of private property and free enterprise to protest this company's development of it's own property?"

"This is not necesqrfly so," remarked Schuler. For many years, zoning laws have existed, both written and unwritten, which prohibit such things as building a tavern near a school or a church, and these zoning laws have long been recogni7.ed and obeyed.

"The same type of thing exists in our case," Schuler averred, "as the condominiums would have a definite adverse effect on the learning atmosphere ot· the college."

Also Schuler pointed out, the ~rsons now owning the land had never before done any development on it, and, with this fat.It in mind, the protesters cou.ld not possibly be denying the owners of the land the fruits of honest labor. ''Nothing is wrong, in our system of capitalism and free enterprise, with the aC9uisition of gain through a JUst and chanceful windfall," Schuler . continued, "but morality must come into play here when the ·owners of the property have really done nothing to develop this land to the value which they are now placing upon it, save stir µp a furor among the townsfolk· . so that they will purchase the land to prevent the construction of condominiums upon it."

Also very significant in the answer of this question is the original intent of the original donon of the land. David Winton, a· cloae relative of the origlnal donor, is stm allve ancl baa written attestment of the C d Pl "h';vtci(..

fact that the orl&tnal intention of the Winton family wu to develop thla land Into a put-like area.

Still another facet of the president's Ont question dealt with the fact that the property rl&hts ln this area are "extremely nebulous," according to Schuler, since the new Dike Road Is located aome nineteen feet further from the lake than wu the original "Rosenberry Drive," from which the original property lines were drawn. An eumple of these nebulous property rights Is the plight of the Yacht Club.

It was recenUy discovered that the club Is on 80 feet of state lake bottom and 19 feet of college property.

Unfortunately, the dub bas been paying a lease to Pack River Company for several years for this property.

Scbuler's second question was, ''Wouldn't we all benefit from more assessed value of this property on the tax roles, especially If It were annexed Into the city?"

"If progresg destroys natural resources, it Is no longer progress," answered the president. 'Ibis same type of controversy occurred around Lake Tahoe, and proved to be folly, for now the residents of that area have almost no pure water or open land near the lake.

"The loss of the natural beauty and purity of this land, however, Is hudly the greatest of the threats poaed by such developments," stated Schuler, " for the major industries of the Coeur d'Alene area are lumbering, tourism, and education."

The proposed development would certainly stifle expansion of the college.

"Any college needs a certain amount of space In order to meet state and federal standards," the president pointed out. "We are already beyond our land capacity, and we would be hurt badly by the beach's loa."

President Schuler al.so mentioned that the coUece will bring more In economic pin to the community than would firty condominiurm, through job opportunities, mainly.

The president's third question was, ''Should the college 10 qalnst Pact Rher when college moneys come from Industry?" Schuler answered by saying If NIC dldn 't get lta llhare of state and fedn funds, the funds would IO from Coeur d'Alene taxpayers to other colleges.

"Look at our funding compared to our champions In every field of endeavor and our quality of education," aald Schuler.

Scbuler's next qumtlon dealt with the area of recreational sites. The condominiums would take away the beach area flom the collep. They would block the '9lew of the

Science Building, and the chimneys would be level with it. '"Ibis ~ t be a small strip of land," Schuler pointed out, "But Is is also a very beautiful strip of land. It gives character to the college."

The next question asked was "Wouldn't 1000 more students cause an ecological problem?"

Schuler's reply was a definite no. "The students would be living around Coeur d'Alene, paying rents and taxes, but they wouldn't be living on the beach."

The president's next question was, "Is there enough room on that piece of land for people to live on?" Schuler replied by stating that the average width of the piece of land In question has an average width of 55 feet. He felt that this was definitely too small to house the number of people that the propoa!d development would

encompass.

Schuler's next question, "Should a public employee like myself be allowed to speak out like this?" was answered by the audience them.selves with good-natured, humorous remarks.

1be eignth question dealing with the controversy was, "Weren't the anti-condominium petitions and th09e students and citizens carrying them quite aggressive?"

" Not in the least,'' stated Schuler, "The petitioners were peaceful, 1111d were simply utilizing a right guaranteed them by the Constitution."

The president's next question dealt also with the petitions, which were circulated some time ago by the Committee to Prevent the Construction of Condominiums on the Coeur d'Alene Lake Front. "Weren't these petitions void because or the youth and the uninformed who signed?" ''Not at all,'' said the president. ''Those petitions signed by students or the Wid-HJgh School and the elementary school were kept separate from thoae valid ~ltlons." As for the idea that some of those sgnlnl were uninformed as to what the petition was protesting, Schuler stated that this simply was not true. According to petitioners, almost everyone knew what was going on.

Schuler's tenth and last question was, "Shouldn't we consider the economic standpoint of the condominiums?" Schuler stated, '"Ihe beach is one of thoae things you just can't put a monetary value on, but It's still wry important. ..

President Schuler doa!d by saying, ''We have to do our share when our tum comes, and I think our turn has come to keep the environment clean and peaceful,"

EDITOR, The Press: Recently, negative references have been made in an article in The Coeur d'Alene Press regarding the cultural and educational contrib ulions oC your College. We would like to set the record straight.

Certainly, we are grateful for past support given

by The Press to the lectures and concerts sponsored

by North Idaho College.

THE DAILY PRINTING of the Asia Week schedule is an excellent example of this support and conbibuted immeasurably to lhe success oC the program.

Another example appeared under the by.line of Miss Sheila Malloy when she reviewed the performance of Manchurian violinist Masuko Ushioda: "Il was one of those rare evenings in Coeur d'Alene that provides one with memories as enchanting and exciting as the performance itself."

IT IS WrrH this in mind, that we were understandably shocked and dismayed when we read in Miss Malloy's column (Monday, February 21): "Where is the cultural and intellectual stimulation a college is supposed to produce in the community in which it is located?" One can only speculate as to the sudden diSQpation of the memory of that "enchanting and exciting" performance only three short days thereafter. Especially mysterious is the fact that such scathing criticism of the cultural and intellectual contribution of the college should appear in a column dealing with the condominium issue. We hardly see the connection.

T HE MYSTERY deepens when one recalls Mi$ Malloy's comments appearing a week earlier (Monday, February 14): "It is absolutely disgusting that I am so ignorant about the culture and history of hundreds of millions of people and I'm grateful to North Idaho College for offering the opportunity to learn something about Asia." We are indeed confused by the incompatibility of this statement with her recent comments.

Although Mi$ Malloy comments U1at "North Idaho College offers five really stimulating events a year," we a$Ume that Miss Malloy is not intentionally trying to belittle the college and its efforts but, more likely, is simply unaware of the nature and range of our programs.

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MISS MALLOY undoubtedly would not describe the activities of the Cardinal Chorale, Choir, and Band as non-stimulating cultural events. Various community organizations have sought the Chorale, Choir, and Band to perform at their functions.

Thus far this year the Choir has performed in cooperation with the Community Choir for the Shrine-Nile Benefit. The Chorale and Choir gave their annual Christmas program and performed at the Harvest Ball.

In addition to their frequent appearances in the community, the Choir and Chorale will leave soon on their annual goodwill tour to Canada, Washington, and Oregon as re!"resentatives of Coeur d'Alene.

NCYr ONLY has the community supported the efforts of the Ml.l.5ic Department, but many civic organizations have availed themselves of college speakers-instructors, students, and administrators.

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The Convocation Program, Popcorn Forum, and Arts and Humanities Commisgon series so far this

year have provided the college and community with the following: 1. A speech by Ambassador Quaison-Sackey or Ghana on African Independence.

2. A panel discussion by African students from Whitworth and WSU discussing their respective countries.

3. A lecture on South Africa by Dr. Lewis Archer,.

English department, of Whitworth College.

4. Two addresses on the Congo and its culture by Dr. Alan Merriam, Anthropology department of Indiana University.

5. Lectures by faculty and students on various aspects of Asia and Africa.

6. Many cultural and intellectual films related to the Asia and Africa Week programs. · 7. A poetry reading and lecture by Dr. William Stafford or Lewis and Clark College in Portland, Oregon. Stafford was the winner of the 1963 National Book Award and is a major American poet.

8. A lecture by Brock Evans, Northwest Representative for the Sierra Club.

9. An address by Governor Cecil Andrus on Ecology.

10. Mini-lectures on religions of the world.

11. A lecture by Dr. Patricia Cunnea (named most outstanding lecturer on the WSU campus) on "Nature and Philosophy of Man as it Relates to the Political System."

12. A debate ooncerning abortion refonn by Dennis Wheeler, attorney from Wallace, and Father Amand Nigro Crom Gon7J1ga University. · 13. A lecture by Dr. Ronald Field, a psychologist from the University of Oregon.

14. A poetry reading and lecture by James J. McAuley, prize.winning, Irish poet from Eastern Washington State College.

15. A lecture entitled "Culture Shock through the Eyes of a Mi.ssionary" by Rev. Vernon L. F'amham.

16. An address by Sam Jaffe, world news correspondent formerly with ABC and CBS, on China, Southeast Asia, and the Sino-Soviety split.

17. A panel discussion by Asian students from the University of Idaho and Eastern Washington State College on their respective countries.

18. A. concert by Masuko Ushioda, Manchurian violinist.

19. Two lectures by Professor Robert Hunter on "Modern Chinese Literature" and "Chinese Political Thought."

20. A performance of "The Beggar's Opera" by .he opera studio from Washington State University.

21. A concert by the Concordia College Band.

NORTH IDAHO College hm; initiated other programs which have drawn the college and community doser. It has been the prime moving force in reinstituting the Community Co1*)ertl; it has mearheaded the drive to establish the Fort Sher~"lp~;_.der Magazine Museum; it hll offered in the last few years a course in bagpiping which as been scheduled to tie into the Scottish Tattoo held in Coeur d'Alene each summer.

In the Spring of 1970 the College helped revive

the High School District I Music Festival and has continued to host the event in subsequent years; and the debaters of the area have been welcomed

by North Idaho College for the last 8 years to participate in High School Debate Tournaments.

Local community organizations have fou nd the college most willing to participate in their programs, also. The League of Women Voters, for example, cooperating with North Idaho College, was largely responsible for the appearance of Governor Andrus at the Popcorn Forum earlier this year.

THE PERFORMANCE of the Manchurian violinist was, • Mm Malloy herself indicated, "Sponsored by the Coeur d'Alene Community Concert Association and North Idaho College; the Manchurian violinist appeared in conjunction with North Idaho College's Asia Week."

Another instance of college-community cooperation ls visible . in the proposed Children's Summer Workshop in the Arts whkh is planned for July and August by the Coeur d'Alene PT A Council and will be held on the NIC campus.

The college will oooperate with the following organizations: Coeur d'Alene Art A850ciation, Coeur d'Alene Musicians Local, Coeur d'Alene Writers League, Coeur d'Alene Community Theatre, and the Citizens Council for the Arts.

IN ADDITION, we should like to point out that the following events are tentatively scheduled for the remainder of the year: 1. A poetry reading and lecture by Richard Hugo, Poet-in-Residence at the University of Montana.

2. A lecture on "Constitutional Law" by Alan Shepard, Associate Justice of the Idaho Supreme Court.

3. A speech on the "Role of Religion in Contemporary Politics" by Rabbi Gerald M. Kane from Portland, Oregon.

4. A lecture by President F.dward B. Lindaman of Whitworth College.

5. Addresses by Congre$man James McClure, Senator Frank Church, Congressman Paul McCloskey (Republican candidate for President), and Wayne Kidwell, Majority Leader of the Idaho State Senate.

WE WISH to leave you with the comment that year 1971-72 bas been a typical year for NIC's cultural and intellectural offerings to the college and the community.

NIC will continue to serve its students and the community with culturally and intellectually stimulating programs in the future.

LEONA HASSEN Chairman Convocation Committee JAMES McLEOD Arts and Humanities Grant Coordinator BERNIE SCHULZ President Associated Student Body JEANNE RlCHMO:tfD Student Representative Popcorn Forum Committee RICHARD PR~TON Chairman Student Activities Commit.tee

Students Hit Developer's Sale Offer COEUR D'ALENE, Idaho North Idaho College students and coordinator Tony Stewart of the Committee to Prevent Construction of Condominiums on Coeur d'Alene Lakefront are critical of the $800,000 price offered by Pack River Properties, Inc. for sale of its 3,600 feet of shoreline on the lake and Spokane River abutting NIC's campus.

Stewart, in a letter to Mayor John McHugh dated Feb. 28, commended McHugh for his "intervention into the campaign to save Coeur d'Alene Lake beach ¡ area around the Fort Grounds" and said that committee members "are also encouraged by your promise to have the property appraised before reaching any decision on whether to make a purchase offer ."

Intervention Last Weak McHugh's intervention came late last week. He has asked residents for their views on bonding for $800,000.

Stewart's letter, said, in part: "We contend the beach must be preserved for the continued use by the public. In execution of this policy, we are not opposed to the granting of a fair compensation to anyone who has a legitimate deed to any portion of the beach. But we must insist there first be a proper determination of property boundaries and any land-use limits that may presently be found in these deeds or contracts.

Still Opposed "Please allow me to be clear, however, as to the unequivocal opposition within our committee to the most recent offer by Pack River Properties for a sale price totaling $800,000. Based upon ava.i lable data, we are convinced this figure would be an exorbitant price and thus unfair to city taxpayers.

"To illustrate, the 1971 assessed value of the property for tax purposes was $9,121. Although we realize the tax assP.ssed value i,; not necessarily the true value of the property in question, we are confident that the true value does not include or justify an increase of $790,879. In other words, it would be ridiculous to contend that the present assessed value of $9,121 is only approximately 1.2 per cent of the true value. In fact, the law requires 14 per cent assessed value."

1

5 fo I<;-;.~ 1,

Shoreline Use OppoSid I

COEUR D'ALENE, Idaho The commercial use of some Lake Coeur d'Alene shoreline by . .

Pack River Properties Inc . bas been oppGsed by a descendent of the family which donated land establishing North Idaho Col-

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le

ge Pack ruver Properties has announced plans lo build a 24· • • • ~rut condolD.llllum complex on its lakeshore property on the . ed~e of the college. _ 1n a letter addressed to Barry G. Schuler, North Idaho College 1president. David J . Winton, Minneapolis, said Pack River's land - "the small piece of land between the dyke aod the i_ake was kept to protect the booming grounds and was never mtended for commercial use."

Winton's father, Charles J .

Winton, his uncle, David N. Win-

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0• ,·If Ch ,..~di\ ic/,e..

ton, and W. S. Rosenberry, the three top officers of the now defunct Winton Lumber Company, donated land near the present city beaches to Kootenai County in 1937. The land was re-deeded in 1941 t.o North Idaho Junior College.

To retain possession of what · th tro · p k is_ now. e con versta1 ac ~tv~r site, ~e lumber company, ID its donation agreement reserved ''all ri arian ri b~ on Lake Coeur d'~ene and fpokane River along or in front of aid lots" to continue dumping Togs

Company, who represented the Posed d<'velopment and the submajority of the Company's own- sequent offer by Pack River to ership, would be opposed to any sell the land for $800,000 to any of the Company Fort Ground public interest has prompted lands being used for commer- Coeur d'Alene Mayor John MC· cial purposes. I aJso agree to Hugh to a.sk Coeur d'Alene rest· this point of view." dents whether they favor pur~ven before receipt ~( ~in- chase of the land. tons letter. Schuler mamta1ned In the city's winter newslef.. that commercial development h k d ·c1e on the land "would be a viola- ter, McHug a~ e_ r~ nts to t· f th. · ·t · h"ch th return ballots mdicating whethion e spm ID w 1 e . land_ was given." er they favor trymg _to buy the . Wmton was present at the property through the issuance of tame the agreement between the bonds. lumber company and the college McHugh sai~ there are federal was made. Tony Stewart, coor- programs which would provide ~r ~ter storage along the dinator of the group opposed to 50 per cent funding for the land s ore e.. . . the condominium's construction, purchase, although application Pac~ River. which acq~ed considers Winton's letter signiii-1 of the program for this specific the Wmton Lumber Co. rnter- cant because it proves •'the real pu_ rPose has not been deterests ~ears ago, la~t used t~e intent of the contract between mined. Indicating that he favors shoreli~ Ior dumping logs lll the parties involved as it relate, city purchase of the land, Mcthe spnng of 1969. to the use of the beach in ques- Hugh said the ballot would give In hls letter, Winton wrote: tion." city officials an indication of "The three top officers of the 1 The controversy over the pro- whether to pursue the matter.

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Womrn \'ofr;r.!l Uiis Wl'Clk urged purdrnsr. of lhc h<'ath arlforcnr 111 North l<lnh<J Collrs;c for pub-

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I

Pac•k fl ivl'r Properties lnc. hns nnnn11nt'C'rl plan~ to build a I 21,unil r:ondominium on the rontmv£>rsinl ~trip of shoreline

loud.

In 1hr. fore of nwunUni: puhUc <111Jl0silion, thr Spokane firm has offerrrl 111 srll I.he 3,600-foot strip M

I a k <' fro n I property for

S8oo.ooo lo any public inl<'rcst 1r,rnup. : Ju a ll'ltcr lo the Corur/. rl'Alrnr City C'ounril, the lr.asue snid tJi" pro(lOsrrl r·ondominium~ / art• not. rornpatihlr. with rily or proposrd c-ounty ,:oning policies.

COEUR D'ALENE, Idaho 1'he commerdnl use of some J,ake Coeur d'Alene ihorcline bv . _ • rack River Properties lnc. )las hccn oppo:<cd by a descendent of thc rnmlly which donated land cstahllshlng North )daho Col· 1 gc c rock · River l'ropcrtlcs _haR an· nouncrrl plans to hulld a 24· · nnll rondornlmum c·omplcx on ·t 1 -k h rt th 1s n 'I'S orr propc Y on e ooi:c or tht- rollege.

In n lrlltr raddrcsscd to 'Barry G. SchulC'.'r, North Idaho Collr~c prcsidl'nt, r>nvlrl J. Winton, Mm• ncapolis, snid Pack JU\'er'11 land - "the i;maH t1lecc of land he· twcr.n the dyke nnd the lake was kc11t to protect lhc booming grounds and was nc\'er intended

ton, and W. S. Rosenberry, the Comp:ry, who represented the three top ClUicers or the now de- majority of the Company's ownfunct Winton Lumber Company, crship, would be opposed to any donated land near the present or the Company Fort Ground cit)' !,caches to J(ootcnai County lands bring used for commerin 1937. The land was re-deeded cial purpo~s. J ruso agree to in t!l41 to North Idaho Junior this point of "iew."

Collete. _ ~vcn before receipt !>r ~\'inTo rctnln possession or what .tons letter, S~ulcr mamtamed is now the con l rovcn,,a _. -1 p ac.k on that commercial development the lond "woulll be a viola· !liv~r silt', the lumber compan31., 1·10 • ·it · ·h· h lh 1n its donation ngrecmcnt ren or 11.,,,.., spu m v. 1c e d ,; 11 ri ri . • land was r.1vrn." scn·c 11 • po M nsihts on ·· l.ak~ (.'l)('ur d'J\ll'nc and Spokane }Vinion wn~ prri1ent al the Rh-er alon or in front of 3 id Lime the ni:recmcnt hl'twecn the lots" 10 ro~tinllc dumping gs I tumher 1·ompany and the colleg-!' ·n was mnde. Ton)' Stewart. coortcr storai;c along the I clinnlor or the i:roup opposccl lo 6 ior(' me.. _ . . the c:ondomlninm's ronstruclion, _ Park Hwcr. which nc(1~1rcd considl'.r s Wintnn's lcller signifi. the Wantnn Lumber Co. mtcr• cant bcrau!I' It proves "the real csls );cars ago, last used l~e intt'bt nf the ronlracl between i,horchnc (or dumping logs lll the parties inrnlvrd as it relate, for N1mmrrclal use." lhP. ,;pring nf 19ro. to the use or the beach in quesWinton'r. f:Jther. Charles .I. In his lcllr.r, Winton wrote: lion." \Vinll)n, his uncle, Da,·id N. Win· "The three top oraccrs of the The c·ontroversy ovrr the pro-

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1° ,

posed d.c\•clopntent and the sub, sequent offer by Pack River to sell the land for SS00.000 to any public interest has prompted Coeur d'Alene Mayor John McHu,~h to ~.,k Coeur d'Alene rcsidents whcthrr they favor pm·· chase of the land.

In the l'ity·~ winter ncwslet• H h k d . "d ler, n1c ug as e 1cs1 rnts lo return ballnt,. indlcalln" whelh· . ., er they fllrnr lrymg to huy the h . property t rough the issuance of hond,. l\tcJlugh sni~l thcre are federal program, which would pronde 50 per crnt funding fo1· the land purchase, although application of the pro'!ram for this specific purpose has not been deter· mined. lnclicating that he favors rity purrhase of the land, Mc· Hugh .!laid the ballot would give city o!Iiciali; an indication of whether lo pursue the matter.

Solon Lauds State Official in Lake Rows BOISE CAP) - A northern Idaho state senator has praised Atty. Gen. W. Anthony Park for his position on legal action volving beachfront property in Coeur d'Alene.

Sen. Arthur Manley, D-Coeur d'Alene, said Friday Park has advised Pack River P roperties, l nr., and the Coeur d'Alene Sailing Club that the club's marina is tresp811sing on state lands.

The senator said he bat! urged Park to appeal to the State Supreme Court from a district court ruling in Coeur d'Alene anvolvmg another 11ection · of beach. lo the latter case the district court ruled the attorney general lacked the r ight to bnng the action in behalf of the people gener a Uy. One case involves private construction of a wall that impeded accen to the beach. " I believe the attorney general was acting properly on behalf of the people who have for many years used that beach for rerreation," Manley s aid. " In the ca11e of the Coeur d 'Alene Sailing Club, the P ack River Company holds an interest in the land adJoining the lake a nd has permitted the sail in;! club to maintain a ma rina on that alnd. " A professional survey has shown that the marina extends mto the lake bed beyond the or, dinary high water mark a.nd would appear to be a trespass on state land," be s11d.

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Muster Every Ounce ofForesight You Can EDITOR, 'lbe Presa: Since I read the Presa from nearly 3,000 miles away, It's bard ror me to get the total picture or local events. However, rve been ro11owln1 your coverage or the "Condominium Controversy," and am amued at the seemiJ111y apathetic reaction or Coeur d'Alene'â&#x20AC;˘ majority or citizens. In aevenl lll'tides, It would appear that NIC Faculty and students are the only ones actively opposlD1 the planned development.

Is the IDl(Dltude or this illue reC01ni7.ed solely wtthiD NIC campus borde11? Don't the people or Coeur d'Alene reallr.e that this development could ultimately affect every single resident?

AS A CONDOMINIUM dweller and owner, I recognlr.e the many advantqes or this rorm or

lhinl, However, In the February 18th Press

artide "Condominlums"-NIC President Barry Schuler shows keen foresight In predicting what condominium development would bring to Coeur d'Alene (or any other area, ror that matter).

In the five yem rve lived in Hawaii, rve een hundreds or concrete "condos" spring up along beautl(ul wild beaches, blocking out the sky and polluting the entire area. I've seen breathtakiq peen valleys packed with asphalt roads, concrete bulldinp, hundreds or telephone poles, and thouands or cars....(and I've also seen tourists pack up and leave ror someplace elae!).

The gorgeous Hawaii on the travel posters is rapidly becoming extinct, primarily due to the

tbougbtless overdevelopment of condominium structures, and all the neceauy "evils" companion to this type or bulldlnl, Hawaii conservationists are trJiDI bud to slow down the crushing momentum of this "blind progress"-but they11 never be able to ''unbuild" concrete buildings, or restore the precious natural beauty that only God can create. It's too late for Hawaii, that's a fact.

I SINCERELY hope Coeur d'Alene residents will muster every ounce of foresiibt available, and work together to "nip this in the bud."

Although It's too late for Hawaii, it's not too late for Coeur d'Alene...but may soon be.

LYNNE RANKIN BEERS

419 A. Atkinson Dr. No. 1403 Honolulu, Hawall 96814

See the Following Individuals, Organizations, Civic Clubs and Institutions that Opposed the Construction of Condominiums on the Coeur d'Alene Lake Beach Behind North Idaho College:

David J. Winton of the Winton Lumber Company-Minneapolis, MN Associated Students of North Idaho College (ASNIC) Coeur d'Alene Wildlife Federation Idaho Wildlife Federation OITin E. Lee, former president of North Idaho College Idaho State Senators Art Manley and C. C. "Cy" Chase Idaho State Represenatives Robert Haakenson, Larry Looney, Emery Hedlund and John Molyneaux Post Falls Kiwanis Club North Idaho College Faulty Senate Idaho Student Government Association Dr. Ernest W. H&rtung, president of 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 North Idaho College Board of Trustees See the le tters of support on the following pages:

-·

-.~ ~

- ,- DAVID

J.

G .'.17 WAYZAT A

WINTON

.,

B OULC VA R l)

MINNEAPOL.IS, M I NN ESOTA 65 .. 16

D A V I D . ; . WINTON 5Zt7 WAYZATA BOULEVARD

M IN N l;'.APO L.IS,MINNESOTA 011410

February 25, 1972

President Bart-y G. Schuler Not·th Idaho College CO()Ur a. Alano , Idaho Dear President Schuler;

w. s. Rosenberry of the Winton Lumber Company originally brought up the idea of the Company's giving its Fort Grounds property to Kootenai County for educational purposes . Eventually the 35 acres were given by Winton Lumber Company to Kootenai County for educational OL · hospital purposes. This land was given in memory of my father, Charles J . Winton , and my uncle, David N. Winton.

The small piece of land between the dyke and the lake was kept to protect the booming gro~ds and was never intended for commercial use . The road was named Rosenberry Drive to honor the man th.at brought up the idea, w. s . Rosenberry .

I lived in Idaho - - largely in Coeur d'Alene - - for about ten years . I know my father, Charle s J . Winton , and my uncle, David N. Winton, and w. s. Rosenberry , the three top officers of the Company , who represented the majority of the Company's ownership, would be opposed to any of the Company Fort Ground lands being used for commercial purposes. I also agree to this point of view.

Yours truly,

..

~rrr~ DJW em

c c:

N.r. Scott w. Reed P. o. Box A Coeur d'Alene , Idaho

The STUDENT BOARD OF CONTROL of of North Idaho College , i n a regula r to order a t 4 : 00 p . m. in the Student by a unanimous voice vote the mo t i on

the Assoc iated Students weekly meeting called Boa rd room, approved to ENDORSE THE GOALS

AND ACTIVI TI ES OF THE C01&1ITTEE TO PREVENT 'l1BE CO NSTRUCTION

OF CONOOI-.UNitn.iS ON COEUR D' ALENE LAKE FRONT .

Approved Februa ry 7 , 1 9? 2

~ &t&WPJdt/_ Bernard R. Schulz Pre s i dent, ASNIC

~ u...c

Virgini a Manning Secret a r y , ASNIC

;5-

PROPOSED COtIDOl/T~TUM CONS TRJCT ION

WHEREAS, the areas of publ ic access on the s hores of th~ lalws a nd ri v e rs of Idaho are limited, and WHEREAS, t h e ar ea of pr oposed cond omin ium cons t r uc tion by t h e pa ck River ~umber Co, will not only furt he r limit th is acce ss b u t will r es tric t e r; ti v i t ic3 s.nd pos~~ " l e fur t her ~m··th of North Ida ho ' s Colleee, a nd

th 1s c ons t r 1..!c 1. h .n c a nrot b e approved undrr ~he p re s en t l y es tah l ~shed restr! ti0ns impos e d by t~c env iron ment a l ne al th Code a n d Coun t y Zonl ng or d inan c e, ·,· 1 thout mod if'yin ,~ t nem t o sat i s f y ee r t a l n i ndi v c:. ta l it1te re s t s , a :1u

WSEREAS,

:lt :s te- J:ov<'d tr. a t

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the a re a i n qu esti on h as a pote n t ial a nd c an be re ad ily dev el o;:H. d as a per pet1 al rc crc, ""; I , -·~ l a r ea tc anho. "1r.e not on ly GhP QtWi r o n rne nt ()f t n"' -:n l l t,f · • "·,inua r 11 ,v" 11 a. oli cna ta r i a ~l y to 1.,ne '!"erreat i oua l f ac1 _ LL1e s of r.·_u Cit,y 1f' ~oe ur d • Alene .

'f'l~REFOR E, b e i t Re solv e d: Thl:3. t

the Coe..1r j I t,lene Wi ld l , fe r'f:iae:ratJ_ c • mee t I ng f n r egul ar se s sion o n ':'''1,.1rs c. a v , ·.ie oruary 1 7 , l 1 72, s t r o:iP;ly recomme nds t; i-,~ t no :nod l 1 i.; a' .:. ons · ,in -...re E11v!..r 0•1-nen t a l Real th :::o -:e or t ..., P ~n·.wty Zoning (!' · · ,a c e t,

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a cco,,•oc.!ate

)ndomt:1i1.l'n .!nn:.:truc, 1 :)11 , nnd

l'~/"'-.rrn : ..,,r "\,; t: .•' -::; H,y ,; ounc·1 c re1.1r 9.r ne xa ... lon of this J:'" oerty • .

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actl0n be t a ken ~ ..., d 13 ter"ll !.. n e a 's" r :''' '!"C' r ,,! :~r tc c f' this rrope rty ; thR c j::; b e " ,...,ns 1 ~ ::- ;d )r " 1 1· '1-i..:. ..·• - q_ t:'' entity and r}i:i.cec '~n · 'ie J lie 1,v·R.in for '1Prne t i,~, ·se a s a rec~~~ 1- 1 or.a l arn ~.

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Se na t or Art \lianlq v, Coeur a , ,".1a ne . se :1a tor Cy Cre.s P, st r.iari e s, rc:tt: . 0 .

Rep . Emor y ·~:n und , 3 t ·is r 1es , r:::, aho .

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Cha lr~an , Pl an~ i n t s Zon i n g co~m~ ~ Ai on .

County Comm J s CJ { , ner s , voo te na1 Count y . cri:.i i r mar., -,! , · - r 1 1nty ·ra.t u~ul , P::- ,- .irc e s '.~Or"" · tt; ':l e . pr e si c e n t, · or t h da h -:, Co l 1 -:3 6 e . ..

Ca I/

FEB 4 1972

;, _/tJ - ?2...

IDAHO VIIILDLIFE FEDE.RATION Alfi /ioted willl Ille Hofle11o l Wild llfe f ede ra 1,e11 JAMll D, PllfON, Vin Preald • nt 210I l irch L• w ialon, Id a h o 13'°1 T• l~ ho n• 7«.-2011

I OUU • . f HOMAI, .P,.. Jci.n t l o x 149 Coe• • d ' Alen• . Idah o l311~ l • l• phon • 667•7~71

I OIIIT J . IMITH, Secr• tory. Trea,~re r Box M9 Coevr d ' Al• n• , Idaho 831 U lelepho n• 664.t,530

Fe'b. 3, 1972

John !-~H ugh, M.:...,~r l;i ty of (;oeur d I Al e nu

Coeur d 'Alene , I .Jah o

Dear J ohna On be-half reque s t t.ha t Co. J ermi t ( s ) ur d ' ,Hene and i

ot' t.he r:eml'-crs =,f t he l.J.;.!,v ,i lJlife t ·<..ier at i oo ..e !u.aK•.: t ho. ~ity of Goa~r d' Al:-oc d9nic s t o issue tht:i Pac K .tive1 t o build c ondonuniwns adj .-c ~ot t o tne s hore s of L.1ke Coe s µt;cif icall y 1n t.he :ir .. :-,f the !-:o.rt.i T•JA - ~cl le ge .

3t ate--id~ we .JN: ,: i tne s sing :3. J1 ·~ r iora t ion :>I ::11'i·Jr-es of all of Olll' 1..a•{eS and sl.r earus J ,e to '' d ev.:: l opmen't." and pr i.v otk tmcro ctmitint. These c r it,1ca l a:ref! e s houl d be r!e l <l i n peq,.... t Ji t.y f or publil! p ur,105es .

I~ts guard a ~a l nst f e ncing ~ur-se ) \ "'S out frCL!J\ s h,.rC'::- and the zct.•n ... ;,anorama La ,ce vr>eur : 1 Al ene has to off ,.r . I tUn t ol d t.:19 i 'jne !.'.•. st be a guest o~ the h ,~ls o!· .·d<lmi lf you wa r.~, tr, be on the r,c aci,~a ::- ,ee the ocoan . l s tl.a.zt what we want he.r e?

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Three-bedroom condominiums at Ocean City, Md. These units, built by Modular Housing Systems

28

THE AMERICAN LEGION MAGAZINE â&#x20AC;¢ FEBRUARY 1972

contain electric heat and air conditioning and Include W 2 baths and fully-applianced kitchens.

THE AMERICAN LEGION MAGAZINE â&#x20AC;¢ FEBRUARY 1972

29

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Idaho State Senate CAPITOL BUILDI NG BOISE

February 14 , 1972

r1r . D~n. v

Schu l er. , rrcsic.1ent.

Nor th !jnho C0i1a~e and

Mr . 'i'ony Stewart

Coeur d ' Alene, Idaho 83814 Dear Barry and Tony : We commend you for your l eadershi:i , and the college [jtuder.ts and faculty and the many individual citizens of Coeur d'Ale~e , fo r their suppo rt in your ef f orts to prevent loss of our n a tur a l beac h area around t r.e college .

Our ouhlic beaches and th<?. free pub J.ic ac-:e3s they f:•r ovi de to COdilX d ' Alene Lake are surely an1ong our ~o~t valuab l e ass ets .

They muat be r e t ai ned un de r pu~lic control. Their los s to s hort-sighted "development " would be a r eal tragedy to our city and college .

We sta nd r eady t o assist you in your efforts in any way po ssible - hopef ully in purchase by scme public entity of whatever r ights Pack River Properties c an subs ta11tiate .

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Cy " Chi.lB e

Art .Manl ey

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State S~nator , o · s t 2

State Senator , Dis ~ . 3

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1::~7a1!:: ~ State Representative Dis trict 3

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!1olynec1ux State Rcp rescnLative Distri::;t 3

On Monday , Febr uary 14 , 1972 , I was i nformed by The Hon or able E. Ao Se i ter , Chairman of t he North Idaho College Boa r d of Trustees, that at a luncheon of the Post Falls Kiwani s Club ~Yf "'f~cagreemen t with our commi ttee ' s posit iono All those present s i gned the peti t ion t o prevent construction of the condominiums â&#x20AC;˘

.OG.,~

NORTH IDAHO COLLEGE Phone 208 667-742

Coeur d'Alene, Idaho 83814

PRESS RELEASE February 10, 1972 )

,r Release _ I_M _M_E_D_I A _T_E _ _ _ _ _ __

Unanimous approval was granted a motion to oppose the Pack Ri ve r Properties Condominium Project adjoining the North Idaho Campus by NIC Faculty Senate members yesterday.

Following extended discussi on

of the proposed development, ft was moved and approved, that the Faculty Senate go on record as opposing the Pack Rfver Properties Condominium Project and urgin g the appropriate public agencies to take the necessary measures to acquire thfs property for permanent publ i c use.

In related action, a resolution statin g, "t hat the North Idaho College Faculty Senate go on record fn support of and commending President Schuler on the position he has taken on the Condominium Project and that ft support his pos1t1on paper," was unanimously approved .

1

OPIES TO ~ oeur d ' Alene Prass

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~ARNIE SCHULYZ STUDENT ~ODY PRESIDENT NORTH IDAHO COLLAGE COEUR D ALENE IDAHO THE TDAHO STUDENT GOVERNMENT

ASSOCIATION SUPPORTS

TO MAINTAIN THE ENVIRONMENT OF THE NORTH TDAHO COLLAGE WE AGREE THAT THE PHYSICAL PLANNIN3 AND ATMOSPHERE OF YOUR CAMPUS ARE UNIQUE AND VITAL TO THE SCHOOL

YOU IN YOTTR EFFORT

MARY RUTH "IANN , PRES •

WU 1201 lR 5·69)

MAR 2 4 197!

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Universityotldaho Office of the President Moscow. Idaho 83843 Phone (208) 885-6365

Mar ch 22, 1972

Barry G. Schul e r, President North Idaho College 1000 Y.'est Gar den Avenue Coeu: d ' Ale ne, Idaho 83814 Dea r Barri: As I i ndicat e d to you at our session on campus , I was indeed shocked to hear of lhe plans for the positioning of condominiu ms along the beach between your campus and Lake Coeur d 'Alene as proposed by the Pack Rive r Developers.

In my opi ni on such a deve l opment could have only an inhibiting effect upon the educational environment of your campus, and I sincerely hope you will do a ll in your power to resist. An educational environment definit e l y calls for more than mere classrooms and books a nd l aboratories .

Obviously the re are some situations in the United States in which institutions of higher learning are, by cir cumstances of their location, hemmed in and cramped and in which no thought to the aesthetics of a contemplative environment can possibly be given . Coeur d 'Alene, however, does not happen to be one suc h area, and i t woul d appear to me to be absolutely c riminal to have your presently love l y campus boxed in and made essen tially the ba c k yard t o a number of high rise co ndominiums. Such I feel woul d ve r y definitely be detriment a l in a major way to the quality of education which you coul d offe r at North Id aho College.

If there is anything which I personally o r we here at the University can do to assist in s taving off what would clearly be a disaster to your educ ational situation, please do not hesitate to l et u s ¡know . Shoul d there be hearings on this matte r , I will certain l y be pleased t o t estify agains t the placement of the cond ominiums if you think that woul d be of any benefit to you.

Cordially you r s , ( '

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(,

' ERNEST W . HARTUNG President EWH: ss

CAP COMMUNIT Y 105 Indiana Avenue.

.f.lcJ«u,,. AG ~ NCY

Coeur d'Alene. Idaho

83814

P. 0 . Box 1300 COMMUNITY ACTION PROGRAM

Phone 6 64-3114

Ap}t,ij_ 5, 1972

Tony S:te.waJt,t ChlWUnan Na.:tuftai. Rel> oWtc.el> Comm.U:te.e.

No,t:t.h Idaho Colie.ge.

1000 Ga.Jtde.n Ave.nue.

Coe.ult d' Ale.ne., Idaho 83814 Ve.alt MIL. S:twaJt:t:

oull.

We. would Uk.e. :to g,i.ve. OU/t .6uppon:t .ln youJr.. e.nde.avoM :to p/Lel>eJtve. :the. be.ac.h a/Le.a adjac.e.n:t :to :the. NolL:th Idaho Colie.g e. oOIL Ou/r.. ou:tu/r..e. ge.neJta.t.lonJ.i :to e.njoy.

S.lnc.e. you have. we.li demonJ.ifJul..te.d yoWt e.66o!T..t6 :to k.e.e.p DUil. na.:tu!ta.l .6UIL/Louncllng.6 .ln:tac.t oOIL :the. .6ak.e.. 06 :the. pe.ople., we. would Uk.e. :to e.x.:te.nd owr.. wlilingnel>.6 :to a.M.l.6:t you .ln any way you rrugh:t .6 e.e. po.6.6.lble..

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550A PS1 ~AR d 72 LAul3 L S£A066 RA NL PwF SEATTLE WASH 7 TONY STlWART , l~AHC E~~IRC~~ENTAL CLU~CIL FO EOX 3~71 U~l~ERSITY STATIC~ ~CSCOW I CA 33~4w THl SI~RRA CLLt AND FELERATION CF JlSTERN CUT~OGR CLUE STRC~GLY SLPPCRT THE NCRTh IDAHC CCra~ITTl[ I~ ITS E~rCRTS TO STCF fRCrOSEn CONuO~INIU~ DEVELOP~ENT ON LAKE COLIER D' AL[~E . ~E DEFLORE TH_ ATT[~PTS 0~ TH~ PART CF DE\ELCPERS TC IG ~ORl TH~ GR:~TLR IKTERESTS OF NIC AND THEIR LONG- RANGE PLA~S , THl PEOFLE CF CCUER L' ALENE

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AND THE STLuE~TS A~ D ~ISITGRS WEO USE THE B(AChES- ALL FOR THE ECONO~IC INTER_STS OF A F~W . ~l-ALSO (UESTICN Tl1E ECOLOGICAL ADVISABILITY OF SLCH A PRCJ[CT , ~hICh COULJ HAvt uISASTtROUS EFF~CTS UPON THE LAKE AS ~ELL AS CREATE [XCLSSI~E AIR FGLLUTICN .

YOU PAvE OuR SuPPORT BRCCK ~\A~S NCRTHJEST REP .

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OF"f"ICE OF" THE ATTORNEY GENERAi.

W . ANTHONY PARK â&#x20AC;˘ttORNEY GENERAL

BOISE

837 0 7

March 28, 1972

Mr. Tony Ste wart, Coordinator Mr. Jame s McLeod, Member Ms. Diana Uhl, Me mber Committee to Prevent Construction of Condominiums on Coeur d' Alene Beach 523-B Hubbar d Avenue Coe ur d'Alene , Idaho 83814 Dear Messrs. Stewart and McLeod and Ms. Uhl: Thank you for your nice letter of March 13, 1972 concerning the Sanders Beach case.

After consultation with Senator Manley, and having discussed the matter with Prosecuting Attorney Gary Haman, we have decided to p ermit Prose cuting Attorney Haman to take the case forward from this p~int. We , of course , will work very close ly with Mr. Haman in the continued prose cution of the matter. We we re he sitant to appea l the Judge 's r uling on the standing of the Attorney General to represent the pe ople since we wer e fe arful that in this particular case the Supreme Court might r eact adversely. By letting the Prosecutor proceed with the matter we do not put into jeopardy the standing question, but still will get from the Court a decision on the basic merits of the Sande rs Beach controve rsy.

Thank you for your expre ssion of support.

Ver

/)) WAP:bf

523- B Hubbard Avenue Coeur D' Alene , Idaho February 15, 1972

I received the followi ng statement from I daho State Senator Wayne Kidwell, Majority Leader of the State Senate , on Monday , February 14, 1972 , at 2 s20 PoMâ&#x20AC;˘ by telephones

I wish to commend you and all the citizens of The Conunittee to Prevent the Cons t ruction of the Condominium on the Coeur D' Alene Lakefront for your efforts to protect the environment in Coeur D' Alene and Kootenai County . The beautiful lakes , beaches, and mounta i ns of Northern Idaho contribute much to the welfare and happiness of our citizens regardle ss of social or economic statuso I salute the Coeur D' Al ene and Kootenai County citizens f or their involvement, dedication , and determination.

Witnessed by ,

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D. Tony

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March 6, 1972 To : Members , Coeur d ' Alene City Council From: LeaR"Ue of Women Voters of Coeur d ' Alene The League of Women Voters of Coeur d ' Alene believes that the issues raised by the proposal to build condominiums on the beach adjacent to North Idaho College clearly fit into the framework of state and national League stands .

The local League has concluded that construction of the condominiums as proposed by Pack River Properties is not compatable with either city or county zoning policies .

All the adjacent area lying within the city has been zoned

R 1 which is the most restrictive , lowest - density designation . county zoning for lakefront property is also the most restrictive .

The proposed This is

to minimize the impact of buildin~ upon the natural surroundings of the bodies of water.

The League would also like the chain of events surrounding the controversy to point up the broader issue - the importance of long- ran~e planning for the acquisition and development of recreational land for public use .

Effective

nlannin~ includes comprehensive zoning to assure that our lakes retain their natural characteristics , aesthetic anpeal and water quality .

These conclusions follow a short - term intensive study.

The group feels

that it is both desirable and imnerative that the beach in question be acquired for public use .

The local league also recommends that a special recreational

zoning category be evolved to anply to lakefront and other recreational property .

Elizabeth Sowder, President League of Women Voters of Coeur d ' Al ene

February 4, 1972

Mr . Tony Stewart, Coordinator Committee to Prevent the Construction of the Condomi.niums on CDA Lakefront 1000 Wo Garden Avenue Coeur D'Alene , I daho Dear Mro Stewart: This letter is to inform you and your committee that the North I daho Chapter of the Idaho Environmental Council met on Friday , February 4, 1972, and the members of the chapter voted unanimously to give f ull support to the petition and position of the Commi t tee t o Prevent the Construction of the Condominiums on Coeur D' Alene Lake f ronto This announcement is being released by the officers of tbe clubo

~!ihu~~11JAvv President

- 1n1A~\Lom Kane Vice- President L

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Dianna Uhl -Secretary

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North Idaho Colle ge chapter A A U P Horth Idaho College Coeur d ' Alene , I daho February 10 , 1972 r . Tony Stewart , Coordinator Committee to save Cd ' A beach 1000 West Garden Avenue Coeur d ' Alene , Idah o Dear Tony: This letter is to inform you that the lfor th I daho College chapter of t he American Associat i on of University Professors passed t he follovti.ng resolut i on on Tuesday, Febr uary 8, 1972 , at its meeting & We , the members of t he 1 orth Idah o chapter of the .Ameri can Ass ociation of Dniver sity Professor s , do hereby gi ve our full support to the position and petition of the Committee to Prevent t he Constr uction of the Condomini um on t he Coeur d ' Alene Lake front . lie turther pledge ourselves to wor k f or t he c ontinued use of the beach as a recreational area for the public .

Ve wish to point out that t he vote was unanimous .

Sin cer ely,

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runes B. Crowe , President

CONDOMINIUM OPPOSITIO N GROWS Dear Edftor : Through the process of an open letter to your readers, please allow me to summarize the developments up to thfs tfme fn the Lake Coeur d'Alene Condomfnfum Issue .

Althoug h our committee wfshes to

commend the Coeur d'Alene Press for fts cooperation wfth Mayor McHugh fn seeking publfc opfn1on as to possible cfty fnterventfon fnto the fssue, we must take exception wfth the unscfentff1c method used to measure publfc sentiment.

Ffrst, the fssue was clouded by fncorpor-

atfng the condomfnfum question fnto a ballot along with the water problem.

Second, the accompanying Press article left the fmpressfon

wfth some readers that a "yes" vote actually meant support for a purchase prfce of $800,00 0 ; therefore , several opponents of the condominium construction fndfcated to us that they cast a "no" vote since they were convinced that the property fs not worth the quoted prfce.

In

other words, the question could have been constructed fn such a way that ft was not mfsleadfng to the pu blfc.

Thfrd, the Press ballot

had no buflt-fn protection to prevent a person from buyfn g extra copfes of the Press issue contafnfng the ballot and thus cast~ag more than one vo t e.

Due to this confusion, our committee believes it has become necessary that we issue this statement.

We wish to once again

assure the citizens that this committee will never support public purchase of the beach at the exorbitant price of $800,000.

Our op-

position to this particular figure is greatly supported by a number of legal points.

(a)

The 1941 deed from the Winton Lumber Company

places great restrictions on the beach area in contention as to land use (no commercial development).

This interpretation of the deed was

confirmed in a letter from David Winton to NIC President Barry Schuler - 2 -

on February 25, 1972.

Consequently, our committee contends that Pack

River Properties has no legal right to construct any type of buildings thus leaving the company with a piece of property that is of little value to them ~f b) Before any construction could take place, there is the legal question of prescriptive rights to the beach by the citizens. (c) the rights and power of the state government is another question to be considered.

The position of our committee is further strengthened throug h the vast amount of pu blic support that can be clearly identified and substantiated.

{1)

Over 3,600 citizens placed their signatures on a

petition opposing construction of the condominiums.

{2)

We have

written endorsements of our position {letters, telegra ms, and telep hone messages) from State Senators Art Manley, Cy Ch ase, and Wayne Kid well; State Representatives Robert Haakenson, Larry Looney, Emery Hedlund. and John Molyneaux; the Idaho Student Government Association; NIC Student Board of Control; North Idaho Ch apter of the Idaho Environmental Council; NIC Chapter of the American Association of University Professors; Idaho Wildlife Federation; NIC Faculty Senate; NIC Board of Trustees; Post Falls Kiwanis Club; Mr. Orrin E. Lee; Coeur d'Alene Wildlife Fe deration; League of Women Voters of Coeur d'Alene; Mr. David J. Winton; University of Ida ho President Ernest W. Hartung; Sierra Club; and the Federation of Western Outdoor Clubs.

Our committee wishes to share with you some of this support by quoting the following letters and telegrams: We commend you for your leadership, and the college students .

.

and faculty and the many individual citizens of Coeur d'Alene, for their support in your efforts to prevent loss of our

natural beach area around the college.

Our public beaches and the free public access they provide to Coeur d'Alene Lake are surely among our most valuable assets.

- 3 -

They must be retained under public control.

Their loss to

short-sighted "development" ~ould be a real tragedy to our city an d college.

We stand ready to assist you in your efforts in any way possi ble - hopefully in purchase by some public entity of whatever ri ghts Pack River Properties can substantiate .

Art Manley

John Molyneaux

Robert M. Ha a kenson

C. C. "Cy" Chase

Larry Loo ney

Emery Hedlund

As I indicated to you at our session on campus, I was indeed shocked to hear of the plans for the positioning of condominiums along the beach between your campus an d La ke Coeur d'Alene as proposed by the Pack River Developers. ln my opinion such a development could have only an inhibiting effect upon the educational environment of your campus, and I sincerely hope you will do all in your power to resist.

An educational environment definitely calls for more than mere classrooms and books and laboratories.

Obviously there are some

situations in the United States i:n which institutions of higher learning are, by circumstances of their location, hemmed in and cramped and in which no thought to the aesthetics of a contemplative environment can possible be given.

Coeur d'Alene,

however, does not happen to be one such area, and it would appear to me to be absolutely criminal to have your presently lovely campus boxed in and made essentially the back yard to a number of high rise condominiums.

Such I feel would very

definitely be detrimental in a major way to the quality of edu cation which you could offer at North Idaho Coll eg e .

- 4 If there is anythin g which I personally or we here at the Un i ve rsity can do to asfist in stavin g of f what would clearly be a dis aster to your educational situation, please do not hesitate to let us know.

Sh ould t here be heari ng s on t his matter, I will

certainly be pleased t o testify against th e placement of the condomi niums if yo u t hink t hat woul d be of any benefit t o you.

Sig ne d:

University of Idaho President, Ernest

w.

Hartung

••••• These conclusions follow a short-term intensive study.

The group feels that it is both desirable and imperative that the beach in question be acquired for public use.

The local

league also recommends that a s pecial recreational zoning cat ego ry be evolved t o appl y t o lak e fro nt a nd other recreational pr ope rty.

(S ig ned)

League of Women Voters of Coeur d ' Alene

The Sierra Cl ub and Federation of Western Outdoo r Club strongly support the North Ida ho Committee i n its ef f orts to stop propose d condominJ um development on Lake Coeur d ' Alene.

We deplore the atte mpts on the part of developers to ig nore the greater interests of NIC and their long-range pl a ns , t he people of Coeur d'Alene and t he students an d visitors who use t he beaches-all for the economic i nterests of a few.

We also

qu estion th e ecological advisability of such a project wh ich coul d have disasterous eff ects upon the la ke as well as create excessiv e air polut1o n.

(Signed telegram)

You have our suppor t.

Br ock Evans, Northwest Re presentative

Based upon all the above information , our committee wishes to assure the citizens an d taxpayers of Coeur d'Alene that we have great confidence in our chances of saving the beach without any hardship

\

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- 5 -

on t he taxpayers.

We pledge ourselves to t hat end.

Tony Stewart Coordinator Comm ittee t o prevent Construction of the Condomin iums on the Coeur d'Alene Beach

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Pack River Properties DI vis ,on

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East 14208 Sprague Avenue,

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Spokane, Washington 992 16

February 15, 1972

Mr. Barry Schuler, President North Idaho Co llege Coeu r d'Alene, Idaho 838 14 Dear Mr. Schuler: We hove reviewed our plans for the uti Iizo tion of our beach front property bordering North Idaho College.

Our orig inal projections called for a land va luation of $250 per front foot overage .

The strip of land is 3,600 feet; thi s makes the land valuation $940,000.

The condominium proj ec t ca l led for a joint ve nture which would put the valuation in the ne ighborhood of $1,440,000 . As would be permitted and joined with the proje c t, there a re the possibilities of mari nas, restaurants, etc .

The princi pals of our company feel that at th is time we would be in a position to offer the property at a price of $800,000. Time is o f the essence in a cceptance of this o ffer as t ime controls the proper steps in the development of thi s property in accordance with our condomi nium p Ions .

A letter of your intentions and/ or counter offer in a timely manner would be most appreciated.

Since re ly, l ' '(

Leon Lew is Genera I Manager LL:bb

~

523 -B Hub ba rd Avenue Coeur d'Alene, Idaho 83814 February 28, 1972

The Honorable John McHugh Mayor of Coeur d'Alene Ci ty Hall Coeur d'Alene, Idaho De ar Mayor McHugh : In response to the article "O pinions So ught on Water Firm, Frontage" appearing in the Coeu r d'A lene Press on February 26, 1972, our committee wishes to commend your intervention into the campaign to save Coeur d ' Alene Lake beac h a re a ar ou nd the Fort Grounds. The committee members are als o encouraged by your prom is e to have the property appra;s ed before reaching any decision on whether to make a purchase offer.

On behalf of the Committee to Prevent Constructi on of Co nd omi niums on the Coeur d'Alene Be ach, I wish to once again state th e position to which we are so dedicated. We con tend tha t the beach must be preserved for the co ntinued us e by th e publ ic . In exe cuti on of this policy, we are not oppose d to the gra nt; ng of a fai r compensat ion t o anyone who has a legit ima te deed to any por tion of th e beach. But we must insist tha t th ere first be a pro per d r minati on of pro perty bounda ries and any land use l imi ts tha t may pre se nt ly be found in these deeds or contracts .

Please allow me to be clear, however, as to the unequ ivocal opposition within our committe e to the mo st r ecen t off er by Pack Ri ver Propert i es for a sale pr ice to tal i ng $800 , 000. Based upon t he avai la ble data , we are convinced that this f igur e would be an exorbitant pric e and thus unfair to the tax payers of t he Ci t y.

To illu str ate , the 197 1 ass ess ed value of the property for t ax pu r poses was $9,121 . Although we realize th e tax as sessed valu e fs not necessarily th e true valu e of the pro perty in qu e s tio n, we are confident that the tr ue value does not inc l ude or justify an i ncre ase of $790 , 879 . In other words, ~wo uld be rid iculous t o con tend that the present asse s sed value of $9 , 121 is on ly app ro xima t ely 1 . 2 per cent of the t rue value. In f act, th e l aw requ ir es 14 percent assessed value . Sec on dly, on Febru ary 7, 1972 at 1 : 30 p . m. in the Nort h Idaho College St ude nt Un ion Bu ilding, Mr. Leon Lewis, a representative of Pac k River, ha d a conference wit h some of the NIC Cardinal Review staff members. According to t he staf f member s present, Mr. Lewis quote d the figure $50 0,000 as the sal e price. I am enclosi ng a copy of the statemen t s igne d by t he se s tudents verifying that conversation. Then the questi on arises as to why the price of $800,000 was later used 1n a letter to NI C Pr es ident Barry Sch uler (February 15, 1972)? What 1s the real value?

Furthermore, approximately 1,000 fe et of the 3,6 00 estimated fee t 11s ted within the sa l e appears t o lie north of the old Blac kwell

Mayor John McHugh

Page 2

February 28, 1972

Bridge (fronted on one side by the Spokane River) and this strip of land is believed to be about 10 feet wide thus reducing its value as lake frontage.

Based upon the above information, we urge you to continue th e use of your good offices to attempt a fair and reasonable resolution of this issue through discussions with Pack Ri ver while at the same time consulting with Kootenai County, state of Idaho, Federal, and North Idaho College officials.

If these efforts fail to produce satisfactory results, it is the belief of many active members within our committee that there are several parties who have legitimate legal claims to justify standing in the courts for resolution of this property. Thus, th final determination of several questions including the true value of the property could possibly be resolved through litigation.

But it is our sincere hope that the good offices of several individuals can be used to find a reasonable and fair solution for al l .

We salute you for your desire to know the wishes of the peop l e as to possible purchase by the city . May we as a committee su gge st that the question be put to the citizens incorporating the s igni f i cant element of a reasonable purc hase price? We, therefore, pro pose the question: NDo you want the city of Co eur d'Alene t o a t tempt purchase of the Fort Sherman Lakefron t for use as a publi c beach if the land can be purchased for a reasonable and fair price ?"

Sincerely,

Tony Stewart Coordinator Committee to Prevent Cons tru r. of the Condominiums on Coeu r Alene Lakefront TS : pi En cl osu r~ cc : ~r . L~un Lewis Coeur d' Al ene Press Rad 1o ~t at1on KVNI Spo kesma, - Review ~pokane L1 i ly Chronicle Station K EM-TV HIC Ca r d i nal Review

February 15, 1972

Mro Leon Lewis, General ~Anager of Pack River Pro?erties Incorporated , on February 7, 1972 at 1 ; 30 P •~o in the St udent ~nion Build ing on North Idaho Co llege campus, before members of the sta ~f of the Cardinal Review itl'Oct:.-qJCCJ[XX during an interview, stated be~or e the unders: 6nsd, that Pack River Properties Incor porated would sell to any pe rs on or pe rs ons ; includ ing the college , the property in question fo r the

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of five hundr ed thousand dollars

50~00 . 00 ).

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NORTH IDAHO COLL.EGE COEUR D'ALENE, IDAHO A JUNIOR COLLEGE .DISTRICT OF THE STATE OF IDAHO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 1977

â&#x20AC;¢

avery, olson, christie, lyle certified pubk accoumants

North Idaho College NOTES TO FINANCIAL STATlliENTS June 30, 1977

NOTE 7 - PROPERTY ACQUISITION COMMITMENTS The college has entered into an agreement to purchase land adjacent to the college at a cost of approximately $260,000 , of which $205 , 000 is to be paid by the following sources: State Department of Parks and Recreation Idaho State Waterways ~otenai County Boat Licenses Fund

S130, ooc 25, 00C

50,ooc

$205,00( ....

The college has restricted $55,000 at June 30, 1977, in the General Fund t o fund this commitment expected to be realized during the year ended June 30, 1978. The prior years commitment of $137,225, was realized and therefore , closed into the unrestricted general fund balance.

'2t-er-Fro"-C

Fvnt) s -for p1.:r cl,,.er-e. of CV.A l.~IC.e-'"> '5°p4"ic~"'e ft./vu- W NOTE 8 - LEASE COMMITMENTS The college leases its computer equipment. The lease agreement provides for annual rentals of approximately $25,000 for the years 1976 to 1980.

NOTE 9 - TRANSFER OF FUNDS

Effective as of June 30, 1977, the Board of Trustees of North Idaho College in July 1977, decided to modify its policy of transferring the balance of the "Funds Received over Funds Used" before "Transfer" in the General Un.,. restrict ed Fund to the Unexpended Plant Fund. They decided to transfer all but ·S34,000 of the current years excess. In accordance with this policy , $95 , 264 has been tI·ansferred.

NOTE 10- PRINCIPAL PAYMENT ON BONDS AND WARRANTS The principal payments on outstanding indebtedness is summarized as follows: Plant Fund: Plant Fund bonds (as described in note 5) Repayment of warrants issued for construction in the prior fiscal year

$· -27 ,ooo

34,157 S 61,15'i

Dormitory Housing Commission: Dormitory Housing Commission bonds (as described in note 4): Series A - $4,000 Series B - $4,000 Series C $1 ,000

4,ooo 4,ooo 1 , 000 9 , 00(

Total principal payments

S 70,15,

North Idaho College Schedule of Investment in I.and June 30, 1979 and 198o

Balance Per Audit July 1, 1963 Purchased 1968-69:1/ Novak Swafford McHugh Purchased 1969-70:VCochrane De Pugh Crampton Purchased 1970-71:.....Prince Swofford (additional cost) .

De Pugh (additional cost) Crampton (additional cost) Purchased 1971-72: ..Melum Purchased 1972-73:i/'9 Winton Hall (From Idaho Forest Industries) Adjustment Purchased 1973-74: t/' Hatcher House - on Empire and Buckley House - on Garden

$110,000.00 $

6,500.00 27,377.78 10,500.00

44,377.78

5,580.12 _ 12,000.00 6,000.00

23,580.12

6,885.00 150.00 986.85 102!..24

8,125.79 6,569.30

C 011.{1 il ve~ AleJC-f 'f -;i,,p -c...

9,115.00 .01

North Idaho College Purchases Lake Coeur d'Alene Beach Front Property In 1977 for $260,000 from Pack River Lumber Company !1lrchasea 1975-76 : .....Sherman School Purchased 1976-77:...Acquired Railroad Property Appraisal and Reveiw of Beach Property (Gridley & Hundley) Title insurance - Tennis Court Misc. Expense - R. R. Property Purchased 1977-78V Acquired Acuff Property !1lck River Property - ~ 8f1"""Emp1re = 801 Empire 615 Hubbard Appraisal - Acuff Property Taxes . ~ Pack River Razing - Acuff Appraisal - 817 Empire Closing & Misc.~ Acuff Property Title Ins. - R.R. Property

20,000. 00 116,525.00 112,225. 00 75.00 4,208.00 222.50 ~----=6~5.:. .;4:.: ,2 115,000.00 260,000. 00 2; , 950.00 29,190 ..00 20,727. 84 1,610.00 1,093.82 3,500.00 95. 00 252.07 ~----=l.:::.: 2•:..:::00.:::.

· 116,795.92

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457,430.73

(continued on next page)

~Jrth Idaho College Schedule of Investment in Land June 30, 1979 and 19Bo Page 2

Purchased 1978-79:./ 823 Hubbard 810 River 611 Hubbard Closing items on:

144,ooo.oo 423

Hubbard

Bol Empire 810 River 611 Hubbard

57,500.00 19,500.00 529.42 211.10 626.00 2,.00

122,3ยง9.52 n,034,889.67

Purchased 1979-ao/ (;/J7 Hubbard Carpentry house lot Property taJCes

44,681.46 11,007.20

652.64

56,341,30

11,091,230.97

Josephine Webb, Assistance to the NIC President, was successful In obtaining a major grant from the Federal Land and Water Conservation Fund that covered a large portion of the $260,000 purchase price along with significant funds from Kootenai County as well as a lesser sum from North Idaho College.

•

14.303 OPEN SPACE LAND PROGRAMS (Legacy of Parks Program)

FEDERAL

AGENCY: COMMUNITY DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AlITHORIZATION: Title IV of the Housing and Urban Development Act of 1970; P u b ~ 91-609, 84 Stat. 1770, 1781.

OBJECTIVF.S: To help communities meet the rapidly growing recreation needs of urban areas by assi.lting these communities acquire and develop parkland.

TYPES OF ASSISTANCE: Project Grants.

USES AND USE RESTRICTIONS: Eligl'ble acquisition ~ include those for acquiring title to, or other interests in open ace Ian · urban areas, demolition o inappropriate structures where developed land is being acquired, and real estate services.

Acquisition cosu may also include undeveloped, or at least predominately und eveloped land, in a planned development sec tor, such as, urban sh aping areas to guide urban development and the acquisition of h istorically s;ignificant structures listed on the National Register of Historic Places. Eligible d evelopment costs include roadways, landscaping, basic utilities, recreational facilities, swimming pools, improvements of acquired structures, preservation of historic and architecturally significant structures listed on the National Register of Historic Places, etc.

Acquisition and development of the open space land must be in • accord with a unified and officially coordinated program for development of open space land as part of local and areawide comprehensive planning. Major construction, such as marinas, etc., is not eligible under th.is program.

ELJGl8I.LI1Y REQUIREMENTS: Applicant Eligibility: State and local public bodies, including Indian tribes, bands, groups, and nations legally ·authorized to undertake an open space project.

Rtsnelkisry Eligibility: Sumc as applicant eligibility.

Croocn tlw/ Oocumcnllltio n: Grants t:an only bo made to local commun 111es m eoting Areawide Comprehensive Planning Requiremen ts. The apptic.a.nt must make a commitment to acquire and/ or complete development within I year. The applicant must also certify to fully fund activities for the sit~s for at least 3 years.

For historic preservation projects, the property to be acquired o r developed must be listed on the National Register of Historic Places.

I'

APPLICATION AND AWARD PROCESS:

~

Preapplic.ation Coordination: Intent to file applications must be made known to the appropriate State and Metropolitan or Regional Clearinghouses in accordance with 0MB Circular A-95 (see HUD Circular 1300.8). Prior to submission of the letter of in tent , chief executive sign-ofT is required . Letters of intent may be ftled for projec ts meeting priority categories for early fund assurance. A pre-application conference is needed for all but very experi.:nced applicants. Assistance on the preparation of the applicatio n is available from the HUD Arca Office.

Application Procedure: Applica tio n is made to the HUD Area Office serving the area in which the open space land is located. The applicati on contains the necessary certifications and must be accompanied by the public body resolution and opinion of co unse l.

Award Procedure: The Area Office Director makes final d ecisions on applications and will so infonn the interested parties. Notifica tion o f award must be made to the designated State Central lnfonnation Reception Agency (SF-240).

-

Deadlines: None.

Range of Approval/Disapproval Time: Average time betwei application and approval or disapproval - 30 to 90 days (30 da for projects meeting priority categories).

Appeala: Applications can be resubmitted if activities have not be carried out; resubmissions are considered as new applications.

Renewals: Not applicable.

ASSISTANCE CONSIDERATIONS: Formula and Matching Requirements: Not more than SO pen:ent total cost of acquisition and development of Ope:! ~ Wld urban areas and historic preservation will be provided by HU1 Not more than 75 percent o f the total cost of acquisition , undeveloped or predominantly undeveloped land for urbi shaping purposes will be provided by HUD. Length and Time Phasing of Awtance: Length of assistance peri< for approved project, 12 months from date of contrae1 exccutic to complete activity. Payments are made on reimbunable ba: only. Partial payments may be made where 2S, 50 and 75 perce:

completed.

POST ASSISTANCE REQUIREMENTS: Reports: None.

Audits: All project activities under the Legacy of Parks contract t subject to audit by a representative of HUD 01 the Comptrol General of the United States. If an audit is to be made at least percent of the total grant will be withheld until completion audit.

Records: Records mu:;t be retained for 3 years after final payment received. (See Accounting Procedure Handbook 1970.8.)

FINANCIAL INFORMATION: Account Identification: 25-12-0117-0-1-5 52.

Obligations: (G rants) P Y 70 $75,147,000; VY 71 est S7$, 130,00 FY 72 est $100,000,000.

Range and Average of Financial Amtance: $4,900 to $2,500,01 (however, there are no adrniruJtratively set limitations). Avera grant in 1970 $130,700.

PROGRAM ACCOMPLISHMENTS: Fiscal year 1970, Grants award, 577.

REGULATIONS, GUIDELI NES, AND LITERATURE: WLeg:a_cy Parlcs Gulde"; "Legacy of Parks Handbook"; Areawide Planni Certification Requirements 6415. lA; EEO Requirements 1312

INFORMATION CONTACTS:

Regional or Local Office: Arca Office Director, HUD Area om, See appendix for list of offices.

Headquarters Office: Community Development, Department Housing and Urban Develo pment, Wash.ingt.On, D.C. 20410.

RELATED PROGRAMS: 14.30 0, Model Cities Supplementaiy Grat: 14.302, N~ihborhood F acilities Gran ts; 14.305 , Hous: Rehabilitation Loans; 14.306, Neighborhood Developme 14.307, Urban Renewal Proj ects; 14.30ls, Housing R ehabilit;,ti Grants; 14.607, Public Housing-Modernization of Projec 15.202, Public Land for Rec reation Pu blic Purposes and Histo Monuments; 15.400, Outdoor Reacreation - Acquisition a Development; 15.401 , Outdoor Recreation State Plannin Financial Assistance; 15.402, Outdoor Recreation Techni Assistance.

Accou n t Identifica tio n: 10-04- 1109-0- 1-402.

Ohliga tions: No t separat ely ident ifiable .

Ran ge and Avt>r:1gc of Fi nanc ial Assistance: Not applicable.

PROGRAM ACCOMPU SII MENTS: In fisca l year 1970, 17 lease s were in force fo r 4 70 acres.

REGULATIONS, GUIDELI NES, AND LITERATURE: Title 43 , Code o f f,'ederal Regu la tions, Su b title A, Part 9; Circulars 1985 a nd 20 28.

INFORMATION CONTACTS: Regional o r Local Office: Sec appendix fo r list of regional offi ces.

Headquarters Office: Chief, Division of Lands and Rea lty, Bureau ol Land Management, U.S. Department o f the I nte rio r, Washingto n D.C. 20240. T eleohonc: ( 202) 34 3-3811.

RELATED PROGRAMS: 15.202, Public Land for Recreation, Publ ic Purposes and Historic Monuments; 15.203, Public Land fo 1 Rights-of-Way; 39.002, Disposal of Fed eral Surplus R eal Property .

15 _202 PUBLIC LAND FOR RECREATION , PUBLIC PURPOSES AND HISTORIC MONUMENT S F E DER AL AGENC Y: !}UREAU OF LAND MANAG EMENT, DEPARTM f-NT Of-Tl! E INT ERIOR AUTII O RI ZATION : Recreation and Public Purposes Ac t of June 14, J 926, as ame ndect; 43 U.S.C. 869; 869-4.

0 1'3 J ECTIVES: To prrnut qual1l1eo app li cants to lease o r acq uire ava ilable public land fo r histo rical monuments, recreatio n, and p ublic pu rposes.

TYPES OF ASS IST ANCE: Sale, Exchange, or Donation of Prop erty and Goods.

US ES AND USE REST Rl CT !O NS: Avail able public lands may be u sed for h ealt h, educatio na~ publ ic recreat ion, histo rica l monume nts, a nd o the r recreatio nal and publil.: purposes.

Applican t cannot sec ure lands u nd er this act for any u se aulhori1.ed un de r any o the r pub lic land law ex ce pt th e ac t of June 1, 19 3 8. Ac reage applied for in a ny o ne applicatio n c annot exceed 640 ac re s exce pt a ppli catio ns fo r State park purposes may contain as much a~ 6.400 acres or where prov ided by law 12,800 acre s. If a pplican1 attempts to change use of la nd lo oth er th an that for which land co nvc yl'd o r tran sfer lit le witho ut co nse nt of the Secre tary o f the Interio r, tillc of la nd will revert to Unit ed Sta tes. '·. Ll <..i lU ILIT Y RE QUIR EMENTS: Applican t Fligi bility: St:llci, Federal and Sta te imtrum cntaliti es and poli tica l subdiv isions, includi ng c ~ a nd m..!!,!lic ipa] tics; and no nprofit associations and no nprofi t co r pora tions.

Bt>nefo;iary Eligib ility; Sa me as app lican t elig ibility.

Crcdc ntial siDocumc ntatio n: No ne.

AJ'PU C..\TIO N AND AWA RD PROCESS: Pr..-:irplic:11il)n Cu o rdina tio n : !'Jo t ice of proposal classifi cation is se nt to .111 th ,,ri £,·d u;n s. lk l' ns,·.:s. lessees, and pcrmitt ees, o r their ,,·k, t,·d r·-' i'r,·s,· nt:ll in·s. th,' h~ad of thl' go verning b ody of the ro litkal subdi\'lsion o r the St:1 k. if a ny , having juri sdi ction o ver zo ning m the geogra phi c area in which the L1nd s involved arc loca ted. 1hc gov·~rno r of t ha t Sta te, the 13L M mul tiple use advisory bQard in th a t S ta te, a nd the Distr ict advisor y b oard and to any o ther pu rt i:s indicat ing int erest in th is classificatio n.

Ap plica tio n Procedu re : Applica tio n in tripl ica te o n form 223 2-1 toge ther wi1h 3 copies o f a stateme nt desc ribi ng th e pro posed use, ~howin,? tha t applica tion in volves an es tab lished or defi ni tely propo~c d projec t and giving a p lan of d evelopme nt an d improvcm,·n t all accom panied by a S IO filing fee.

Award Pro ,·l'<.111re: La nd office proce sses ap plica ti o n. Distric t office r.::i k~s n,·,:~ssaiy fk lc! invcs tiga 1io ns fo r pr('pc r use and appra isal.

L:1nd 01 ii,',• co ll~t· ts pur,h:1sc mo ney o r re nt and issu es pa ten t o r

lease.

Deadlines: No ne.

Range o f Approval/ Disapproval Time: 90 to 270 days.

Appeals : Appeals fro m adve rse actions may be made to the Secre tary o f the I nterior.

Renewals: Renewals availab le on leases, otherwise not a ppliC3ble.

ASSISTANCE CONSIDERATIONS: F ormula a nd Matching Require ments: For historic mo nument purposes, no monetary consideratio n. For public recreat ion. public health, public edu cation, Federal aid in wildlife resto ratio n projec ts, "wildland" fire protection and pe nal and coacc tio nal in sti tu tions to States and the ir su bdivisions and instrumentalities a price of $ 2.50 per acre with a minimum o f $50 per !Iansaction, lease at S0.25 per ac re per year with minimum payme nt of S IO per lease. To nonprofit associatio ns and no nprofit corporat io ns, fair market value with price reductions b ased on the public be ne fits involved Prices and re nts no t less than those fo r States and t heir subdivisions.

Length a nd Time Phasing o f Assista nce: Not applicable.

POST ASSISTANCE REQ UIR EMENTS: Repor ts: None.

Audits: Periodic compliance c hecks by l.lu1ea u o f Land Manaitcmrn1 usually at 5-year intervals.

Records: No ne.

FrN ANCIAL INFORMA TION: Acco u n t Id entifica tion: 10-04-1109-0-1-402.

Obligat ions: Not separa te ly iden tifia ble .

Range and Average o f F inancial Assistance: Not av~able.

PROGRAM ACCOMPLISHMENTS: In fi scal year 1970, 56 patents fo 19,6 26 acres and 4 38 leases were in force for I 17,573 acres.

REGULATI ONS, GUID ELI NES, AN D LIT E RAT URE: T ille 4 3, Cod, of Federal Regulations, subpa rts 2740 and 29 12 ; "Federa Ass.i sta nce in Outdoor Recrea tio n," publication No. I N.A.C "Community Recreatio n and the Public Do main.'' ~lay 1963 U.S. D. I. INFORM ATION CONT ACTS: Region al o r Local Office: Sec a ppe ndi.x.

Head quarte rs Office: Chief, Divisio n of Lands a nd Realt y, Bu r~au o La nd Ma nageme nt , U.S. Depart ment o f the Inte rior, Washingto n D.C. 20 240. T elepho ne: (202) 343-381 1.

RELAT ED PROGRAMS: 15.20 1, Leases, Permits, and Easements fo Pu blic Works; 15.203, Public Land fo r Righ ts-o f-Way_

854587

~rnr.

QUIT CLAIM DEED

308

~~Gt6 52 fR.L\t

The Grantor,

THE PACK RIVER C0MPAL~ , a Washington corporation \

qualified to do business in the State of Idaho , for and in consideration of the sum of $1 . 00 and other valuable consideration in hand paid, does hereby convey, release, remise and forever quit claim to NORTH IDAHO COLLEGE the following described real estate situated in the County of Kootenai, Stat~ of Idaho: All that portion of Lots 46 and 47 in Section 14, Township 50 North, Range 4 W. B. M. , Kootenai County, Idaho, being a part of Fort Sherman Abandoned Military Reservation lying between the Lakeside toe of the dike road which also consists of a permanent dike as now exists and that part of said lots up to the lakeside and riverside shoulder of said dike or earthen embankment protecting said lots from high water of both Coeur d ' Alene Lake and Spokane River.

EXCEPTING THEREFROM that part of Lot 46 lying easterly of the following described line : Commencing at a point on the North line of Lot 46 , 167 feet Westerly from the NE corner of Lot /16 ; thence Southeasterly to a point on the highwater line of Lake Coeur d ' Alene , 75 feet Wester ly f r om the East line of Lot L16; thence Southerly parallel to the East line of Lot L16 out into Coeur d ' Alene Lake to the South line of Lot 46 .

Subject to : 1 . Taxes 2. Reservations, restrictions and rights of way of record

3.

The interest, as Lessee, of Lake Coeur d ' Alene Sailing Club involving a portion of the above described property .

I N WITNESS WHEREOF , said Corporation has caused this instrument ... , ...be execu ted by its proper Officers this 12th day of

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i~~ O~Assistant Secretary

State of Washington) ss.

County of Spokane )

-rHE

eptember , 1980 .

On this 12th day of September , 1980 , before me , the undersigned, a Notary Public in and for the State of Washington , duly commissioned and sworn, personally appeared Dennis Horan and Wayne Osborn to me known to be the Vice- President and Assistant Secretary , respectively, of The Pack River Company, which executed the foregoing instrument, and acknowledged the said instrument to be the f r ee and voluntary act and deed of said corporation, for the uses and purposes therein mentioned,

and on oath stated that they are authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation.

Witness my hand and official seal heret¡o affixed the day and year first above written .

~otar of Washington, residing at Spokane r .. ...

, ,,

.. -

THIS IS A 2007 UPDATE TO NORTH IDAHO COLLEGE'S 1977 PURCHASE OF 3,410 FEET OF COEUR D'ALENE LAKE BEACH BASED ON LETTERS FROM IDAHO ATTORNEY SCOTT REED. THE FIRST LETTER ON FEBRUARY 7, 2007 WAS TO TONY STEWART. ON MARCH 21, 2007 REED SENT A LETTER TO IDAHO STATE SENATOR JOHN GOEDDE. THE LETTER TO TONY STEWART RESULTED IN NORTH IDAHO COLLEGE JOINING WITH THE COEUR D'ALENE TRIBE FOR A DAY'S CELEBRATION MARKING THE 30â&#x201E;¢ ANNIVERSARY OF THE PURCHASE.

THE CELEBRATION INCLUDED SPEECHES, MUSIC, DANCE AND FOOD AS PEOPLE GATHERED AT YAP-KEEHN-UM BEACH THAT IS NAMED IN HONOR OF THE COEUR D'ALENE TRIBE.

SCOITW. REED, Attorney at Law/P.O. Box A/Coeur d'Alene, Idaho 83816/(2 08) 664-2161 FAX (208) 765-51 17/ E-mail: scottwreed@imbris.com

February 7, 2007

PROFESSOR TONY STEWART P.O. BOX 2725 COEUR D ALENE ID 83816 Dear Tony: After a lot of mixed up conununication, 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, say the property is worth half as much, add the 40% for 2006, then the value of that frontage would be $47,740,000.00.

We can play around with those figures all we want. I think it is fair to say for presentation purposes ~s what you sav~d is wortb:.$5.0 000 000. Can we run with that and how? 路 路 路 路

SWR:kgb

.. .

,.

SCOTT W. REED, Attorney at Law/ P.O. Box A/ Coeur d'Alene, Idaho 838 16/(208) 664-2161 FAX (208) 76.S..5 117 /E-mail: scottwreed@imbris.com

March 21, 2007

Senator John Goedde Idaho State Legislature State Capitol Building P. 0 . Box 83720 Boise, Idaho 83720 Re:

Lumber Company/North Idaho College

Dear John: Tony Stewart suggested that I write to you to follow up on information supplied to you by Tony and Ken Probst from the college concerning these float arounds suggestions that the college ought to move out on the prairie and leave that valuable waterfront to be developed by private interests to purchase for an appropriate price. I assume you have received the deeds from the Winton Lumber Company first to Kootenai County and then from the county to North Idaho Junior College, but in any event I enclose another copy.

My involvement began in 1972. Toe proposal had come forward from real estate agent Dan Davis to develop condominiums on the Spokane River side of the dike. The property conveyed to the county on October 22, 1937 had included the property owned by the Winton Lumber Company that was east of the dike road. The lumber company had retained the property west of the dike road for the purpose of securing its storage rights on Lake Coeur d'Alene and along the river to haul logs to its mill. I did not know then and I don't know now who had title to the land underlying the dike road.

Dan Davis's proposal caused a great deal of concern for the college. It is my recollection that I was either on the board of trustees at that time or had been on it a short period of time before that.

In any event, I participated in the efforts sparked by newly arrived Professor Tony Stewart who aroused the public conscience and prevented the

Page 2 development sale from happening.

In the course of my efforts, I had a telephone conversation with one of the Wintons back in Minneapolis. I can't at the moment recall his exact relationship with the original Wintons, but it was direct and he was an officer of the company.

Mr. Winton expressed great distress over the thought that the shoreline property would be developed separate from the college. I ended up getting a letter from him expressing that distress opposing the development.

The property at that time west of the dike was owned by Pack River which was the successor to Winton Lumber Company. The Pack River under Brown management was always in deep financial trouble, a fact that ultimately led to the college being able to acquire the property. In any event, the uproar led to all the signatures coming to the Coeur d'Alene City Council with a general negative attitude that killed the sale prospect for the time being.

Pack River ultimately went into a voluntary receivership with Bob De.Armond appointed as the receiver. President Barry Schuler with some of our assistance approached Bob. Ultimately the deal was put together to purchase the entire lakeshore/river shore for $260,000. It is my recollection that half of that money came from the Federal Land and Water Conservation Fund and that Kootenai County kicked in a substantial amount.

The details don't matter. With the skyrocketing prices being given for lake front property, the information recently obtained from county assessor Mike McDowell as to other similar waterfront land indicates that property the college owns from dike road to the river open to the public is now worth at least 25 million dollars. That is reason alone to forget about any thought of transferring the college to someplace else.

Of importance and of a strict legal matter, the October 22, 1937 Winton Lumber Company deed has a reversion clause that would apply if the grantee ever attempted to transfer the property for other than the general public hospital or general public educational institution or a park area. That reversion clause is repeated in the August 11, 1941 deed from Kootenai County to North Idaho Junior College.

Page 3

In both deeds, there is a strict prohibition against any use for commercial purposes. Commercial purposes would include any type of condominium, residential, PUD or any other sort of private development. Winton Lumber Company may or may not still be around, but there certainly would be successors in interest to put in force the reversion clause.

There are also several public interest groups, one of which I am well acquainted with, that would be very quick to bring a suit to enforce the reversion clause on behalf of the public at the very first suggestion that any serious consideration was given to turning NIC property over to private interests regardless of tpe price. The group of which I am acquainted is located in the San Francisco Bay area and has on several different occasions taken legal action or threatened legal action successfully to stop the attempt to use property contrary for the purpose to which it was given.

We appreciate your efforts to pennanently and forever make go away these suggestions that North Idaho College ought to move.

Yours truly,

Scott W. Reed SWR:kgb cc:

Tony Stewart