May Township Moratorium: Wilder Forest
Upon learning that Mary Divine, Reporter, ST. PAUL PIONEER PRESS • TwinCities.com, was working on a story about the pending sale of Wilder Forest, a subject that I’ve been closely monitoring for the past year, I sent her a letter, attached below, dated January 10.
I informed Mary that my letter was submitted by me personally, on behalf of conservationists who’ve expressed interest in this possible transaction, and that I do not officially represent the Square Lake Association. In response, Mary expressed appreciation for the research I compiled for her, indicated it expanded the scope and depth of her story, and requested an interview.
I’m sharing our interaction, via this Blog Post, because of the land sale’s potential impact on Square Lake, and because many of you have asked to be informed of the ongoing status of this pending real estate transaction, and natural resource preservation negotiation.
Mary’s story ran on Sunday, January 23. Here is a link for those of you interested: May Township moratorium means long-sought Wilder Forest land deal is off table
After reading Mary’s story, I submitted the following Comment to TwinCities.com:
As Joni Mitchell so presciently sings,
“Don’t it always seem to go
That you don’t know what you’ve got
Till it’s gone
They paved paradise
And put up a parking lot.”
Thanks to Mary Divine for an enlightening story. Thanks to Washington County and May Township officials for applying your best efforts to bring Wilder, the Science Museum, and Minnesota Land Trust back to the negotiation table while the Moratorium review is completed.
Square Lake Park, Pine Point Regional Park, O’Brien State Park, and the 15-year land preservation success of Washington County’s Land and Water Legacy Program, are perfect examples of how our community benefits from long-term conservation and natural resource planning. Something that is not assured through private development and the potential sale of Wilder Forest to 14 private buyers.
The window of opportunity is now, to achieve a legacy outcome for all Wilder Forest parties. Waiting is high-risk and no-gain. Preserving the pristine beauty and ecological wonders of Wilder Forest in perpetuity is a once-in-a-lifetime choice. We owe it to future generations to be on the right side of history by preserving and protecting one of the last, largest, and most ecologically significant remaining unprotected natural resources in the Metropolitan area, with a permanent Conservation Easement, as uniquely offered through the County’s extraordinary Land and Water Legacy Program.
——
Here is my letter to Mary, which began our interaction:
January 10, 2022
Dear Mary:
My ongoing thanks for your ongoing, excellent media coverage of Washington County and the St Croix River Valley.
I hold journalists in the highest regard. My late father Edward was the City Editor of your wonderful newspaper until his tragic passing from a stroke in 1971. I grew up surrounded by gifted St Paul Dispatch and Pioneer Press writers, and have wonderful memories of those extraordinarily talented folks. I’m an enormous fan of your work, and profession.
So you may be wondering who is this guy Jim and why is he reaching out to you? In response, here’s a brief sketch of a few of my May Township connections:
Three + decade home and property owner on Square Lake.
Vice President of the Square Lake Association, and former President of the Square Lake Association.
Former May Township Planning Commissioner, and former May Township Supervisor.
Served on Washington County’s Square Lake Park 10-Year Master Plan Technical Advisory Committee, a position I was honored to serve two times over the past two decades.
Developer and fundraiser of the Square Lake Association educational website, designed to increase awareness of the threat of Aquatic Invasive Species, for which I write the Square Roots Blog.
Co-founder and President of Legal Research Center (www.legalresearch.com) – from which I’m transitioning to retirement after a 44 year career in law and business.
Volunteer to many non-profits, including a global fundraiser I’m currently leading for Down syndrome children in Idlib, Syria: https://app.mobilecause.com/vf/Help4Kids.
As a May Township property owner since 1988, there is no conservation and natural resource issue of greater importance to me, and the Association I serve, than the long-term preservation and protection of Square Lake and the surrounding watershed, including retaining the pristine natural, undeveloped beauty of Wilder Forest (aka Wilder Preserve).
I write to you today representing conservation-minded May Township neighbors and friends, who are concerned about the future of Wilder Forest. While I’m not representing the Square Lake Association at this time - only because the Board and membership have not recently met to discuss the evolving and rapidly changing set of possible Wilder Forest sale participants and facts – there is high interest among conservation-oriented Association members in the complex Wilder-Science Museum-Minnesota Land Trust-Washington County-River Grove School decision-making process, and in preserving and protecting the Wilder Preserve under a permanent Conservation Easement.
In that context, I’ve proactively reached out, and repeatedly expressed my thanks, to May Township’s Administrator Linda Tibbetts, Township Consultants Nate Sparks, Dave Snyder, and Mark Erichson, the esteemed Township Supervisors, and Planning Commission elected officials, for all they are doing to make May Township a better place.
I’ve also engaged in direct and ongoing conversations with esteemed May Township Supervisor John Adams, Town Planner Nate Sparks, and Washington County’s Deputy Administrator Jan Lucke in, October, November and December, about Wilder, the Science Museum, and other possible transaction participants. In follow-up, I prepared follow-up Meeting Debriefs - because of the importance of the discussion and my concern that key discussion details and nuances could be misunderstood or lost in transmission, because of the multi-party, multi-issue complexities of the potential transaction.
My intent has been to further inform and update related Square Lake Association and May Township Board discussions, and interactions with Washington County, Wilder, Minnesota Land Trust, and the Science Museum participants.
As hoped, my Debriefs have elicited positive, constructive feedback from a number of key decision-making participants.
When I heard that you were planning to write a story this past Friday, I thought my compilation of related research might interest you. Consequently, I’m taking the liberty to share the following background facts, key learnings, observations and insights, recast from my prior discussion Debriefs, in the hope of further informing your upcoming story. Thanks in advance for reviewing the following, as a possible cross-check for the research you’re undertaking:
1) Background Facts.
Washington County historically partners with landowners and organizations to purchase land, or interests in land, to keep them in their natural condition.
The County began land protection efforts with the launch of its Purchase of Development Rights Program in 2000, after receiving a grant from the State of Minnesota to preserve corridors of green space in the County.
After passage of a $20 million voter-approved bond referendum in 2006, for the preservation of water quality, woodlands and other natural areas, the program was rebranded the Washington County Land and Water Legacy Program.
The County and partners completed 40 projects on almost 1,200 acres in the first 20 years.
For every $1 invested by the County in these land acquisitions, approximately $2 are invested by partners. $24 million in partnership funds and $12 million in County taxpayer funds have been invested in protecting the highest quality land and water.
Wilder is interested in selling their remaining land in May Township to organizations that are committed to protecting it, and approached Washington County as a potential partner through the Washington County Land and Water Legacy Program (WCLWLP).
As presented in the attached PowerPoint dated March 2021, the Washington County Board deemed Wilder Forest a good fit for the Land and Water Legacy Program and expressed interest in purchasing units where no other buyer could be found.
Washington County has been working with Wilder and other potential buyers, including the Minnesota Land Trust and the Science Museum on a potential sale, which would include Unit 1 as a County-owned conservation area with a conservation easement held by the Minnesota Land Trust and Unit 2 as an expansion of Square Lake Regional Park. Please see map below for the most current version of the planned parcel division, as of January 7, 2022.
In July 2021, May Township passed a Moratorium on all changes in use within its conservancy district that encompasses Wilder Forest. The Moratorium is attached, and effectively put the sale of the Wilder property to the Science Museum and Washington County on hold.
Washington County has continued to meet with Wilder, MLT and the Science Museum over the summer on issues related to lot lines, title work and appraisals, as these are complicated and time-consuming matters that need to be worked out if the sale were to proceed, however, Washington County will not continue with the purchase under the Moratorium.
Wilder is driving the conversation, not Washington County, but Washington County possesses a key influential seat at the negotiation table. Wilder is attempting to assemble a partnership of conservation-minded buyers to divide and sell their land.
Washington County is primarily interested in picking-up affordable “left-over” parcel(s) that other parties do not acquire. The Wilder property is likely too large for a single buyer. Wilder has been focused on creating a partnership that includes multiple buyers that share the same conservation values. If there was a non-profit or private buyer with strong conservation values for all the units for sale, Washington County would step out and focus its limited Land and Water Legacy Program dollars elsewhere. Its current proposal to acquire Unit 1 as a conservation area and Unit 2 as an expansion of Square Lake Regional Park in the absence of other expressed buyers that match Wilder’s conservation interests.
Washington County doesn’t want the Wilder property developed, and is commendably committed to Wilder property protection and preservation. Wilder is a great match for the intent expressed by the voters in the Land and Water Legacy Program referendum due to its rich plant and animal diversity and untouched lakes. It is rare and precious, and deserving of protection.
The Science Museum has expressed interest in acquisition of selected parcel(s). The Science Museum’s interest makes it possible for The Food Program to continue its operations as the The Food Program cannot afford to purchase the land. The Science Museum also plans to run its own limited programming, similar to programs previous run by the Warner Nature Center.
River Grove charter school has previously expressed interest in acquisition of selected parcel(s), although we haven’t heard anything recently about River Grove buying the land, and believe the current plan is for Wilder to continue to hold that land and lease to the school. The increased and uncontrolled River Grove traffic on the unpaved and inadequately maintained portions of Ostlund Trail and Oldfield Road continue to pose safety issues for drivers, adjacent homeowners, bikers, runners, and children.
Manitou Fund has previously expressed interest in acquisition of selected parcel(s). We speculated that there may be a common-interest connection between River Grove and Manitou, as River Grove to the best of our knowledge, has claimed it does not possess the funds to acquire the Wilder property it currently leases, however we learned recently that Manitou is no longer a buyer/partner in the sale of Wilder’s remaining land.
Washington County has been in discussions with Wilder for the past five years to “pick-up left-over” parcels. There have been several attempts to sell Wilder to various partners that will continue to protect it. Washington County was a partner in some of these previous attempts, all of which have failed.
Despite multiple requests, the Square Lake Association has not yet been offered a seat at the WLWLP negotiation table by Washington County because you are not driving the discussions, and Washington County’s ongoing role in the expanded WLWLP is not clearly known. Washington County is a potential buyer. Wilder and now May Township are driving the decision-making process. If one or both do not want Washington County involved, Washington County will withdraw.
Whatever property Washington County may acquire will be preserved under a conservation easement. Usage will consist of “low impact hiking trails,” protect plants and animals, and not be focused on picnic areas, camping areas, lake usage, and boats. This will be detailed in the Conservation Easement, which will protect the land in perpetuity.
Washington County has indicated the new Square Lake Park Master Plan is not tied to the larger Wilder deal, and that Washington County has secured the assurance of Wilder that the parcel adjacent to the Lake, as referenced in the Master Plan, will not be connected to the expanded WLWLP initiative, despite the connecting tunnel under Ostlund Trail. Wilder has expressed interest in selling Unit 2 to Washington County to expand Square Lake Regional Park regardless of what happens with the remaining area of Wilder Forest. If the Washington County conservation area (Unit 1) were to move forward, it would have a separate small parking area to access the low impact trails independent of the regional park. As of January 7, 2022, everything is on hold due to the May Township Moratorium. Wilder has signed the purchase agreement, but Washington County has not signed and will not sign unless the Moratorium is lifted.
I’ve noted repeatedly to all parties that I’ve been continuously impressed with the expertise, professionalism, commitment, intelligence, empathy, leadership skills, and strategic planning experience of May Township consultants Nate Sparks https://www.nacplanning.com/about; David Snyder https://www.johnsonturner.com/our-team/dave-snyder/; and Mark Erichson https://www.wsbeng.com/leadership/mark-erichson/.
I’ve previously suggested that Wilder form a Citizens Advisory Committee, to include:
a) Marine resident and attorney Mary Cullen;
b) Square Lake resident and adjacent homeowner Ted Nesse;
c) May Township Supervisor John Adams;
d) Square Lake President, and Square Lake Park Master Plan TAC Member, Scott Alexander;
e) May Township Planner Nate Sparks; and
f) Square Lake Association VP, former Square Lake Association President, former May Township Planning Commissioner, Board of Supervisor member, and Square Lake Park Master Plan TAC Member, Jim Seidl.
2) Key Learnings.
The Moratorium is intended to provide the requisite time and resources for the Township to align its Comprehensive Plan and Conservancy Code. It will likely require a year from its inception for completion.
Wilder has been in conversations with the Science Museum and The Food Group to broker a conservation deal. On November 2, 2021, they confirmed to Washington County that there is no change of use proposed by either group, which apparently matches what May Township’s Nate Sparks has been hearing.
Wilder has asked that if Washington County hears of any use, current or proposed, that is inconsistent with the current permit, Wilder would like to know right away as their top priority is conservation and changes in use could threaten their conservation goals.
Nate Spark’s recently posed the good question of “Why is the Science Museum not proceeding with the sale if there is no change in use?” In response, Wilder indicated the Moratorium (attached for reference) does not allow for the subdivision of land, and Wilder has to subdivide the land in order to sell it to the Science Museum and the County. This is the reason they cannot proceed without Township approval.
Wilder is apparently very supportive of May Township taking the necessary time to align its Conservancy Code with its Comprehensive Plan, and guidelines for conditional use. No one is questioning this, but everyone is indeed stuck until the land can be divided among the partners for the sale and respective conservation easements. Everyone is interpreting the language in the Moratorium to mean that subdivision is not allowed.
I understand the Science Museum has been seeking a Conservation Easement for its St. Croix Watershed Research Station (https://www.smm.org/scwrs), and that the Township has permitted them to proceed with this Easement, for the following reasons:
a) The Science Museum is not proposing a change in use for the Research Station property; hence a revised permit or permit renewal is not required. The existing Conditional Use Permit issued to the Science Museum for the Research Station is satisfactory.
b) The Moratorium over conservancy districts does not prohibit the sale of land; only the change in use. My understanding is that all Washington County needs to know is whether May Township supports the Minnesota Land Trust and Washington County placing a conservation easement over the Research Station – the only tool that achieves permanent protection. In that context, I understand: i) May Township does not have authority to stop the conservation easement under these circumstances; ii) However, the County will not place a conservation easement over the land if May Township doesn’t support the easement.
Washington County has tentatively allocated $2M for possible future Square Lake Park expansion via acquisition of the Wilder property adjacent to the Lake, and another $2M for possible Wilder property acquisition north of Ostlund, if there are “left-over parcels”, under the WLWLP initiative.
New Ostlund and Oldfield traffic studies will be available on January 10, 2022. Adjacent homeowners know traffic is predominately driven by the River Grove School parents, teachers and suppliers.
I, and many other adjacent homeowners, have expressed continuing concern about River Grove’s part in any related Wilder discussions – including any new plans to sell Wilder property to River Grove. Given River Grove’s apparent inability to come up with the capital to improve that facility or deal with the septic, etc., any part of River Grove School’s involvement in road improvement will likely be non-existent. I have also noted that the Marine School has been approved to open next year, and River Grove’s enrollment will substantially decrease unless they make an overt, unplanned, and unannounced enrollment pitch to families outside the local community, which will in turn impact traffic and roads in ways not planned or previously discussed.
Washington County has underscored its ongoing, highest-priority, commitment to May Township, throughout these planning discussions.
Nate, Jan and I have acknowledged the unusual complexity of this multi-party, multi-issue, time-sensitive negotiation - and the need for transparent, clear, and respectful communications.
3) Wilder Forest Conservation Easement Rationale.
I fully support the Board’s Moratorium decision. However, to lose the Science Museum as a possible conservation easement partner for Wilder, while the Moratorium work is completed, is perceived as short-sighted, risky, and potentially regrettable for the following reasons:
a) We know, respect, and trust the Science Museum.
b) Their financial resources are significant.
c) They are conservation- and science-centric.
d) They are wonderful neighbors and trusted partners for May Township - as climate change and Aquatic Invasive Species (AIS) pose tremendous threats to our community and natural resources.
e) May Township and Washington County must not lose a best-in-class conservation partner while the Moratorium work is completed.
f) There has been no specific communication from May Township, of which I’m aware, since the Moratorium began last July about when the planning process will be completed and the Moratorium will be lifted. That is creating a lot of uncertainty for all interested parties.
g) The Wilder Foundation Board of Directors can reasonably only wait so long. Its likely fear is that if they wait another year, which is the timeline they assume they may be on - without further direction from May Township, market conditions will change and selling conditions will be less favorable.
4) Story Request.
I respectfully request that you support our efforts in your story to:
a) Define a clear timeline for decision-making related to allowable uses within the Wilder property area to keep, May Township, The Wilder Foundation, the Science Museum and Washington County at the negotiating table and moving towards a permanent conservation solution for that pristine natural resource.
b) Achieve the mission critical goal of a permanent Conservation Easement for Wilder Forest.
c) If the parties agree that a neutral, non-binding mediator may help facilitate a collaborative negotiation, I propose that we engage professional mediator and Marine on St Croix resident Mary Cullen (http://www.thecullengrp.com/) to facilitate the multi-party discussion, with Square Lake Association, Washington County, Wilder, May Township, Science Museum, and Minnesota Land Trust, sharing her cost.
Thanks for listening.
Respectfully,
Jim Seidl, 14785 Oslund Trail North, Marine on St Croix, Minnesota, 55047