DUNES LLC STANDS TO MAKE $7.249 MILLION ON PROPERTY SALE, FAMILY SAYS LLC AGENT WENT BACK ON WORD TO THEM

by Joseph Back

For those interested in the Mississippi Dunes saga going forward, there will be a Parks and Recreation Commission meeting September 13 at 6:55 p.m., along with a meeting later in October for those interested in Mississippi Dunes. But as to the rally September 1 at City Hall, know this much: it was peaceful, being witnessed and covered firsthand by Journal staff. Organizer Carla Indirrieden shared her suspicions on the site and desire for a review independent of the developer—not done by her though, in case you were wondering. Property law would frown on that.

“I’m not the property owner,” Carla Indirrieden said September 1 from the Cottage Grove City Hall down at 12800 Ravine Parkway South. “I would be trespassing.”

Indirrieden, a 34-year-old resident of Grey Cloud Trail South with an environmental science degree from the U of M, was explaining why she couldn’t offer more hard evidence to back up her own suspicions about the former Mississippi Dunes golf course having been used for an illegal dump site in the past, in addition to adjacent areas that were identified and cleaned up 24 years ago in 1997 per an agreement between the Environmental Protection Agency and Marathon Ashland Petroleum, Grey Cloud Dunes SNA being donated as part of the settlement. Indirrieden said she had decided to do the rally August 16, after facing surveyors in her backyard, among other development project impacts at the former golf course site. So what about the site did she know for sure?

“They won’t put anything in writing,” Indirrieden said of DNR and other contacts on the history of the site, but the colloquial understanding was that the entire riverfront purchase had been made with a “gentleman’s agreement” that it not be developed so as to not disturb sediments. Without access to the site, however, and with no stomach for or desire to trespass, nothing could be proven.

“I’m willing to be wrong,” she said of her suspicions on the site being used for dumping along with the rest of the riverfront. Also on hand at the September 1 rally was Tyler Biron, sharing “I’m the only house on 103rd Street” when asked for address and saying that he hadn’t received much from the city— if anything—on Mississippi Dunes.

“I’ve only heard rumors like everyone else,” Biron said of the prospective development. The general tenor of the peaceful protest (and in part its underlying reason), was that residents don’t expect to either be heard or fought for by the Cottage Grove City Council and its members unless the council is pressured in some way.

Being from Leona Helmsley’s famed “little people,” they seek to follow the imposed laws—and even CDC face covering recommendations— but have grown increasingly sick of keeping their mouths shut as development at other areas near and about Grey Cloud Island continues to encroach closer and closer, coming from well-heeled firms seeking profit and with attorneys. The developing protest group also has legal representation, if needed. Regarding public notice, however, there was also the seeming secrecy of the matter.

Biron said he had heard plenty on Settler’s Bluff just up the road when things started and had even written the Council “like they wanted,” but that nothing had changed or visibly happened as a result— just more homes. Also

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on hand at the September 1 rally was Melissa Wenzel, a fouryear St. Paul resident of four years who said she had been following the goings on at Pigseye Lake, a controversial project up the river.

“I’m science and data driven,” Wenzel said, meaning that she could look at and appreciate things like what the U.S. Army Corps of Engineers was trying to do upriver at Pigseye, while also having her own opinion on the matter. Wenzel was there to help out and support the residents of Grey Cloud Trail in their qeust to influence the council on Mississippi Dunes.

Several questions related to claims at the rally and controversial riverfront development were posed via email on Friday morning and then again Monday just after noon to landowner David Gustafson, with no answers being received prior to press time. With many more stories to potentially share on this matter, before long it was on and into meeting time.

“All right, we’re going to go in,” Indirrieden said as Council meeting time approached at 7 p.m. A member of the Cottage Grove Police came by, instructing protesters that while they were “certainly welcome” to display their signs in the hallway outside, signs should be left out of from the chamber, so as to not become “a distraction.”

With the exception of one sign that was briefly moved into the chamber by Indirrieden prior to meeting start and then removed forthwith upon the request of Mayor Bailey, protesters complied with general city expectations of them. Following the call to order and pledge along with roll call, it was into open forum, proceeded with a statement by the Mayor meant to correct ‘misinformation’ that had spread, he said.

“The landowner has legal rights, to develop the land in line with our zoning code,” Mayor Bailey stated during open meeting session September 1. “The landowner is not obligated nor required to gift the land to the city,” he went on. “The land has value, and the developer has demonstrated the ability to subdivide the property for development. The approximate value of the land is $50,000 per acre,” Bailey said during open session in meeting footage posted to the city website. There was more though, according to the Mayor.

“The problem with saying ‘let it go natural’ is that it amounts to millions and millions of dollars,” to maintain the property, Mayor Bailey said of Mississippi Dunes based on a Friends project up by Elk River, then going into further detail on the $50,000 when asked by email for the apparent discrepancy between an inflation-adjusted appraisal value based on 2019 data ($14,073.69 per acre) and the stated price in open session of $50,000 per acre.

“That’s how much the developer is paying the owner for the property,” Bailey said of the 144.98 acres now pending development as such, which if calculated at $50,000 per acre allow the landowner to gift a “generous” 40-acre park site (Gustafson’s term from a prior email) while still making around $.4.53 million more than the otherwise inflation-adjusted land value for the site, or $7.249 million for the developed non-park acreage of 144.98 as opposed to just $2.719 million on the entire property 184.98 acre property. Mayor Bailey gave a run down of developments at the Dunes, including the following:

• City clarity with developers on the Council’s desire to preserve the shoreline

• City partnership with the DNR to ensure the “highest resource” areas are preserved from development, the DNR working to ensure this “in partnership with us,” Bailey said.

• A city council tour of an Elk River project run by Friends of the Mississippi River

• City engagement with the South Washington Watershed District

• City requirement of the landowner to do an EAW, or Environmental Assessment Worksheet with 60, 90, to 100 days of timing, then shared with residents.

This last point for an EAW was commented on by Indirrieden prior to Council comment September 1.

“They say there’s going to be an environmental review, but who’s going to do that, the developer?” Indirrieden asked somewhat skeptically from the rally. In short, the potential for a conflict of interest was great, in such a case.

Fast forwarding back to meeting time on September 1 then, Mayor Bailey gave a short rundown of dates going forward for Cottage Grove citizens can mark their calendars with regarding the ongoing Mississippi Dunes controversy: “In May of this year the Parks Commission reviewed the Master Plan Concept for the property and obviously at that time provided I believe no recommendation to the Council,” Bailey said.

This could depend on the definition of “recommendation,” or else just be a simple misstep. But online documents potentially contest this: Posted down at the city’s website at https://docs.cottagegrovemn.gov/WebLink/DocView.aspx?id=754283& dbid=0& repo=CottageGrove is a document in which the Parks and Recreation Commission recommends that the Council table the Master Plan, but later on under “Staff Recommendation” asks for Council direction on the matter. Mayor Bailey explained when asked via email.

“The Parks, Recreation, and Natural Resource Commission tabled it as they wanted more guidance from the City Council on the size of the park and the amenities,” he said “I don’t recall any discussion around medium and high-density development on the site. In a previous workshop with the City Council, we said no to high density on the site below the railroad tracks. We also stated we were more in favor of single family below the railroad tracks. This is the most recent design our consultant has provided to us. (Not the developer),” the Mayor shared From there it was into the meeting’s open forum, but for that installment, readers can tune in next week. Until then, save the following date and information for future reference: What: Parks and Recreation Commission meeting When: 6:55 p.m.

Where: Generally at City Hall, although last month was out at the Mississippi Dunes property. Residents can contact Parks and Recreation Director Zac Dokter at [email protected] gov for email, while readers without computer or internet access can also dial Dokter’s work listed phone number from the city website at 651-458-2808, if in need of more information.

Why: (fill in blank with personal reason) As of Tuesday September 7 at 8:42 a.m., meanwhile, a change.org petition regarding the developing subject matter was set at 1,853 signatures, and growing. That petition is titled simply, “Protect the Mississippi River. Save the Mississippi Dunes.”

In short, stay tuned.

Left outside to avoid becoming a distraction” in the packed chamber, protesters nonetheless held up signs that were visible through the glass partition to council members inside. Photo by Joseph Back.

Dick Poulta of Grey Cloud Township speaks, asking the Cottage Grove Council to look into securing outside funding to purchase the Mississippi Dunes sitePhoto by Joseph Back.

Mayor Myron Bailey speaks September 1 at the City Hall council meeting.Photo by Joseph Back.