2015-06-22 Minneapolis Park and Recreation Board - Full Agenda-1502

Minneapolis Park and Recreation Board
Special Meeting
June 22, 2015
~ Agenda ~
2117 West River Road N

Minneapolis, MN 55411
www.minneapolisparks.org
Monday 4:00 PM
Meeting Times are subject to change based on discussion from previous meetings.
I.
CALL TO ORDER
Liz Wielinski
Scott Vreeland
Brad Bourn
John Erwin
Meg Forney
Steffanie Musich
Jon Olson
Anita Tabb
Annie Young
II.
APPROVAL OF AGENDA
III.
4:00 pm CLOSED SESSION

3.1
IV.
President, Commissioner District 1

Vice President, Commissioner District 3
Commissioner District 6
Commissioner At Large
Discussion Regarding Graco pending condemnation matter
ACTION ITEMS FOR SPECIAL BOARD AGENDA

4.1
That the Board adopt Resolution 2015-235 captioned as follows:

Resolution 2015-235
Resolution Accepting a Trail Easement from Graco, Inc. for a Trail Along Property
Owned by Graco, as Part of the East Bank Trail in Above the Falls Regional Park
4.2

Resolution 2015-236
Resolution Granting a Deed Restriction on Parcel D of Scherer Bros Property to
Exclude Residential Use, and Supporting Vacation of 10Th St. NE, West of Sibley
Street
Special Meeting
4.3
Page |2
June 22, 2015

Resolution 2015-237
Resolution Permitting General and Special Counsel to Dismiss Condemnation
Action Regarding Graco Trail Easement Upon Receipt and Filing of Easement
Acceptable to the Board
4.4

Resolution 2015-238
Resolution Directing Superintendent to Requisition and Obtain Necessary Funds
in the Amount of $622,300 for the Purchase of the Graco, Inc. Easement
V.
ADJOURNMENT
4.1
Resolution 2015-235
Resolution Accepting a Trail Easement from Graco, Inc. for a Trail Along Property
Owned by Graco, as Part of the East Bank Trail in Above the Falls Regional Park
Whereas, Pursuant to Resolution 2015-130, adopted February 18, 2015, the Minneapolis Park
and Recreation Board (MPRB) authorized the acquisition by condemnation, if necessary, of an
easement through Graco Inc.s (Graco) property to further develop the East River trail system;
Whereas, Pursuant to Resolution 2015-224, adopted June 3, 2015, the MPRB confirmed that
Resolution No. 2015-130 contemplated and included the use of the quick take procedure set
forth in Minn. Stat. 117.042, in order to meet the pending deadline for receipt of the federal
grant funds;
Whereas, The MPRB has pursued negotiating a settlement with Graco for acquisition of the trail
easement, and concurrently authorized attorneys Malkerson Gunn Martin, LLP, and General
Counsel Rice, Michels & Walther, LLP, acting on behalf of the MPRB, to pursue court action for
condemnation;
Whereas, The MPRB remains desirous of a negotiated purchase of an easement with Graco but
is facing a deadline in order to qualify for over $1,000,000 in federal transportation funds to
construct the trail;
Whereas, The MPRB applied for and received, on August, 2012, approval of a grant from the
Federal Highway Administration (FHWA) Transportation, Community, and System Preservation
Program (TCSP) for the purpose of funding part of the cost of developing the parkland and trail
purposes described herein, but the MPRBs receipt of the grant funds is contingent on
acquisition of the parkland and trail easement by July 15, 2015;
Whereas, The MPRB has negotiated with Graco for a trail easement that meets the needs of
both entities; and
Whereas, This resolution is supported by the MPRB 2007-2020 Comprehensive Plan, which
envisions Dynamic parks that shape city character and meet diverse community needs;
RESOLVED, That the Minneapolis Park and Recreation Board accept a Trail Easement from
Graco, Inc. for a Trail Along Property Owned by Graco, as Part of the East Bank Trail in Above
the Falls Regional Park; and
RESOLVED, That the President of the Board, Secretary to the Board and attorneys are
authorized to take all necessary administrative actions to implement this resolution.
Resolution 2015-235
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4.1
Resolution 2015-235
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4.1
TO:
FROM:
Michael Schroeder,
DATE:
June 22, 2015
SUBJECT:
Resolution Accepting a Trail Easement from Graco, Inc. for a Trail Along Property Owned
by Graco, as Part of the East Bank Trail in Above the Falls Regional Park
BACKGROUND
Continuous negotiations between MPRB and Graco over the past several months have
produced the attached form of trail easement (Attachment 1) as the current version of the
agreement, acceptable to MPRB for trail construction, operations and maintenance, and as part
of the East Bank Trail.
RECOMMENDATION
Staff recommends accepting a Trail Easement from Graco, Inc. for a trail along property owned
by Graco, as part of the East Bank Trail in Above the Falls Regional Park.
This action is supported by the following vision and goal statements in the MPRB 2007-2020
Comprehensive Plan.
Vision Theme 3:
Goal:
Dynamic parks that shape city character and meet diverse community
needs
Focused land management supports current and future generations.
ATTACHMENTS:
Attachment 1 - Graco Trail Easement
(PDF)
Prepared By: Renay Leone, Real Estate Coordinator, Strategic Planning

Review:
Adam Arvidson
Completed
06/19/2015 11:54 AM
Michael Schroeder Completed
06/19/2015 11:54 AM
Jayne Miller Completed
06/19/2015 12:22 PM
Pending
06/22/2015 4:00 PM
Resolution 2015-235
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4.1.a
Attachment: Attachment 1 - Graco Trail Easement (2015-235 : Trail Easement with Graco)
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4.1.a
4.2
Resolution 2015-236
Resolution Granting a Deed Restriction on Parcel D of Scherer Bros Property to
Exclude Residential Use, and Supporting Vacation of 10Th St. NE, West of Sibley
Street
grant funds;
condemnation;
Whereas, In exchange for a trail easement from Graco, the MPRB has agreed to place a deed
restriction on Parcel D of the Scherer Bros property preventing residential use, and also
supporting the vacation of 10th St NE, west of Sibley Street; and
RESOLVED, That the Minneapolis Park and Recreation Board approves granting a deed
restriction on Parcel D of Scherer Bros property to exclude residential use, and supporting
vacation of 10Th St. NE, west of Sibley Street ;
Resolution 2015-236
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4.2
Resolution 2015-236
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4.2
TO:
FROM:
Michael Schroeder,
DATE:
June 22, 2015
SUBJECT:
Resolution Granting a Deed Restriction on Parcel D of Scherer Bros Property to Exclude

Residential Use, and Supporting Vacation of 10Th St. NE, West of Sibley Street
BACKGROUND
Negotiations with Graco for the trail easement on Graco property for the East Bank Trail have
resulted in a proposal to agree to two things in exchange for the easement:
1. A deed restriction in the form of a Restrictive Covenant Agreement, preventing
residential development from occurring on Parcel D (see Attachment 1).
2. A letter supporting the vacation of 10th Street NE, west of Sibley Street, to set aside that
property for Graco and MPRB operations, maintenance and management use, and to
exclude public access therefrom, subject of course to City of Minneapolis approval (see
Attachment 2).
RECOMMENDATION
Staff recommends approval of granting a deed restriction on Parcel D of Scherer Bros property
to exclude residential use, and supporting vacation of 10Th St. NE, west of Sibley Street.
Comprehensive Plan.
Vision Theme 3:
Goal:
needs
ATTACHMENTS:
Attachment 1 - Restrictive Covenant
Attachment 2 - Letter Supporting Vacation
(PDF)
(PDF)

Review:
Adam Arvidson
Completed
06/19/2015 11:53 AM
06/19/2015 11:53 AM
Resolution 2015-236
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4.2

06/19/2015 12:35 PM
Pending
Resolution 2015-236
06/22/2015 4:00 PM
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DECLARATION OF RESTRICTIONS AND COVENANTS

This Declaration of Restrictions and Covenants (this Declaration) is made as of this
day of
, 2015, by the City of Minneapolis, a Minnesota municipal
corporation, acting by and through its Minneapolis Park and Recreation Board, a public body
politic and corporate under the laws of Minnesota (Declarant).
RECITALS
WHEREAS, Declarant is the fee owner of that certain real property situated in Hennepin
County, Minnesota, more particularly described in Exhibit A (the Property);
WHEREAS, the Property is adjacent to commercial and industrial property; and
WHEREAS, the Property is currently used as park land and may be redeveloped by or on
behalf of Declarant; and
WHEREAS, residential development of the Property may increase traffic, parking and
safety issues in the immediate vicinity of the Property;
WHEREAS, in an effort to reduce the safety issues present in a residential development
of the Property, Declarant desires to subject the Property and all future owners or lessees of the
Property or any portion thereof to restrictions and covenants, as further set forth herein, for the
purpose of providing for the future harmonious use and operation of the Property in connection
with the current uses of adjacent properties.
NOW, THEREFORE, in consideration of the premises and the covenants contained in
this Declaration, Declarant hereby declares that the Property shall be owned, held, used,
transferred, sold, conveyed, demised and occupied subject to the terms and conditions set forth in
this Declaration, which shall run with the Land and shall be binding upon the Property and all
tenants, subtenants, occupants, licensees, concessionaires, and other parties permitted within the
Property. Declarant further declares and states as follows:
-1DOCS-#4713574-V2
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Attachment: Attachment 1 - Restrictive Covenant (2015-236 : Deed Restriction and Vacate 10Th St. NE)
4.2.a
4.2.a
1.1
Owner means the fee or leasehold owner of any part of the Property. An
Owner transferring all or any portion of its interest in the Property shall give notice to all
other Owners of such transfer and shall include in such notice the name and address of
the new Owner and a copy of' the legal description of the portion of the Property
transferred by such Owner. Each Owner shall he liable for the performance of all
covenants, obligations and undertakings applicable to the Property or portion thereof
owned by it that accrue during the period of such ownership, and such liability shall
continue with respect to any portion of the Property transferred by such Owner until the
notice of transfer set forth above is given. Until such notice of transfer is given, the
transferring Owner shall (for purposes of this Declaration only) be the transferee's agent.
Once the notice of transfer is given, the transferring Owner shall be released from all
obligations pertaining to the portion of the Property transferred arising subsequent to the
notice of transfer. Nothing contained herein shall affect the existence, priority, validity or
enforceability of any lien permitted hereunder that is recorded against the transferred
portion of the Property prior to receipt of such notice of transfer by the Owner filing such
lien.
1.2
Property has the meaning set forth in the Recitals.
1.3
Registrar's Office means the files of the Registrar of Titles, Hennepin
County, Minnesota.
1.4
Third Party Beneficiary means all fee or leasehold owners of real
property adjacent to the Property.
2.
Use.
2.1
Permitted Uses. The Property may be used for any lawful use subject to
Section 2.2 hereof.
2.2
Prohibited Uses. The Property shall not be used for residential dwelling
places, either single family or multi-unit residential, or for senior housing or assisted
living facilities of any kind.
3.
Amendment or Modification. This Declaration and any of the rights and
obligations created hereby may he terminated or amended by an instrument duly executed
by all of the then current Owners and consented to in writing by the holder of any first
mortgage on the fee or leasehold title of any portion of the Property and the holder of any
certificate of sale arising from foreclosure of any such mortgage, if any, and all Third
Party Beneficiaries. Any purported amendment or termination not executed or consented
to by all of the parties whose execution or consent is required under this Section 3 shall
be of no force or effect. Any amendment, change, modification or supplement to this
Declaration, in order to be effective, shall be by written instrument in recordable form
executed by all of the Owners and first Mortgagees, if any, and duly recorded in the
Registrar's Office.
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1.
Definitions. As used in this Declaration, the following terms shall have the
following meanings:
4.
Successors and Assigns. This Declaration shall be binding upon, and shall inure to
the benefit of any successor or assign of any Owner and the successor of any Third Party
Beneficiary. Any Owner shall be liable only for such obligations of such Owner
hereunder as accrue during its period of ownership. Declarant does hereby declare that
the Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the
restrictions and covenants of this Declaration, which restrictions and covenants (a) are for
the purpose of protecting the value, desirability and amenities of the Property and
immediately adjacent real property; and (b) shall operate as equitable covenants,
restrictions and reservations, which shall run with the Property and which shall be
binding on all parties having any right, title or interest in the same, their heirs, personal
representatives, successors and assigns, and shall inure to the benefit of each of such
other parties their heirs, personal representatives, successors and assigns.
5.
Term. This Declaration shall be perpetual, and shall run with land. Upon any
termination of this Declaration, all rights and privileges derived from and all duties and
obligations created and imposed by the provisions of this Declaration shall terminate and
have no further force or effect; provided, however, that the termination of this
Declaration shall not limit or affect any remedy at law or in equity that an Owner may
have against any other Owner with respect to any liability or obligation arising or to be
performed under this Declaration prior to the date of such termination.
6.
Severability. If any term contained in the Declaration shall, to any extent, be
invalid or unenforceable, the remainder of this Declaration (or the application of such
term to Persons or circumstances other than those in respect of which it is invalid or
unenforceable), except those terms that are made subject to or conditioned upon such
invalid or unenforceable term, shall not be affected thereby, and each such unaffected
term of this Declaration shall be valid and enforceable to the fullest extent permitted by
law.
7.
Law Applicable. This Declaration shall be governed by and construed under be
laws of the State of Minnesota.
8.
Enforcement. This Declaration may be enforced by any Owner or by any Third
Party Beneficiary by legal or equitable action (including specific performance) in
Hennepin County District Court. In the event an action is commenced, the prevailing
party shall be entitled to recover costs and expenses incurred in such action, including
reasonable attorneys fees, from the nonprevailing party(s).
[Signature Pages Follow]
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4.2.a
4.2.a
IN WITNESS WHEREOF, the undersigned has caused this Declaration to be

made as of the day and year first above written.
By:
Its:
STATE OF
COUNTY OF
)
) ss
)
The foregoing instrument was acknowledged before me this

day of
,2015,
by
, the
of
City
of
Minneapolis, a Minnesota municipal corporation, acting by and through its Minneapolis Park and
Recreation Board, a public body politic and corporate under the laws of Minnesota.
Notary Public
Error! Unknown document property name.

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CITY OF MINNEAPOLIS
4.2.a
EXHIBIT A
Legal Description of Land
Error! Unknown document property name.
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4.2.b
City of Minneapolis
Attn: City Clerk
City Hall, Room 304
350 South 5th Street
Minneapolis, MN 55415
RE: APPLICATION FOR VACATION OF 10TH STREET NE BY GRACO, INC.
Dear City Clerk:
This letter is in support of the vacation application of Graco, Inc. for the vacation of 10th Street
NE in Minneapolis. As the owner of an adjacent property, we believe that the vacation of 10th
Street NE will reduce current safety concerns related to public access to the industrial use of
Gracos property, as well as further the redevelopment interest in adjacent properties.
Please include this letter of support with the submissions to the Minneapolis Planning
Commission and Zoning and Planning Committee of the Minneapolis City Council. If you have
any questions or concerns, please contact me at _________________.
Sincerely,
Minneapolis Parks and Recreation Board
cc:
Minneapolis Public Works

Minneapolis Right-of-Way Section
DOCS-#4714322-v1
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Attachment: Attachment 2 - Letter Supporting Vacation (2015-236 : Deed Restriction and Vacate 10Th St. NE)
[date]
4.3
Resolution 2015-237
Resolution Permitting General and Special Counsel to Dismiss Condemnation Action
Regarding Graco Trail Easement Upon Receipt and Filing of Easement Acceptable to
the Board
grant funds;
condemnation;
Whereas, In exchange for an acceptable trail easement, duly executed and recorded with the
Hennepin County Registrar of Titles, the MPRB will dismiss the condemnation action
contemplated in Resolutions 2015-130 and 2015-224; and
RESOLVED, That the Minneapolis Park and Recreation Board approves permitting General and
Special Counsel to dismiss condemnation action regarding Graco Trail Easement upon receipt
and filing of easement acceptable to the Board; and
Resolution 2015-237
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4.3
Resolution 2015-237
Page 2
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4.3
TO:
FROM:
Michael Schroeder,
DATE:
June 22, 2015
SUBJECT:
Resolution Permitting General and Special Counsel to Dismiss Condemnation Action

Regarding Graco Trail Easement Upon Receipt and Filing of Easement Acceptable to the
Board
BACKGROUND
Negotiations between the MPRB and Graco, Inc., have produced a trail easement acceptable to
the MPRB for purposes of constructing the East Bank Trail along Gracos property. This
easement has been executed and recorded within the timeframe required to establish the site
control for purposes of the federal grant to construct the trail, as explained in Resolutions 2015130 and 2015-224. Because of this, the condemnation action contemplated in said resolutions
is no longer necessary.
RECOMMENDATION
Staff recommends permitting General and Special Counsel to dismiss condemnation action
regarding Graco Trail Easement upon receipt and filing of easement acceptable to the Board.
This action supports the MPRB Comprehensive Plan 2007-2020 as follows:
Vision Theme 3:
Goal:
needs
ATTACHMENTS:
Attachment 1 - Graco Trail Easement
(PDF)

Review:
Adam Arvidson
Completed
06/19/2015 11:56 AM
06/19/2015 11:57 AM
06/19/2015 12:27 PM
Pending
06/22/2015 4:00 PM
Resolution 2015-237
Page 3
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4.3.a
Attachment: Attachment 1 - Graco Trail Easement (2015-237 : Dismissing Condemnation Action
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4.3.a
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4.3.a
4.4
Resolution 2015-238
Resolution Directing Superintendent to Requisition and Obtain Necessary Funds in the
Amount of $622,300 for the Purchase of the Graco, Inc. Easement
Whereas, Pursuant to Resolution 2015-130, adopted February 18, 2015, and Resolution 2015224, adopted June 3, 2015, the Minneapolis Park and Recreation Board authorized the
acquisition by condemnation of an easement through Graco Inc.s (Graco) property to further
develop the East River trail system;
Whereas, The Minneapolis Park and Recreation Board hereby reaffirms its previous actions in
those prior resolutions;
Whereas, In order to secure the easement pursuant to the quick take procedures set forth in
Minn. Stat. 117.042, the deposit of the funds for the appraised amount of the easement in the
amount of $622,300 with the District Court or to Graco is necessary;
Whereas, The Minneapolis Park and Recreation Board of Commissioners has determined it is in
the long-term best interest of the park system, its citizens and park users to complete this
section of the East Bank Trail in a timely manner by acquiring the easement on Gracos property
and that it has the funds to do so in its Reserve Funds in the General Fund;
Whereas, The Minneapolis Park and Recreation Board of Commissioners direct staff to utilize
General Fund excess Fund Balance in the amount of $622,300 for this specific purpose;
Whereas, The Minneapolis Park and Recreation Board of Commissioners direct staff to utilize
General Fund excess Fund Balance in the amount of $622,300 for this specific purpose; and
RESOLVED, That the Board of Commissioners hereby directs the Superintendent and staff to
requisition and obtain the necessary funds in the amount of $622,300 from the City Finance
Director for the Purchase of the Graco Easement and have a check made payable to Hennepin
County District Court Administrator or as necessary to satisfy legal requirements; and
Resolution 2015-238
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4.4
TO:
FROM:
Michael Schroeder,
DATE:
June 22, 2015
SUBJECT:
Resolution Directing Superintendent to Requisition and Obtain Necessary Funds in the

Amount of $622,300 for the Purchase of the Graco, Inc. Easement
BACKGROUND
As of the writing of this memo, negotiations with Graco for the trail easement on Graco
property for the East Bank Trail have not resulted in a trail easement acceptable to the MPRB.
Therefore, the condemnation action contemplated in Resolutions 2015-140 and 2015-224 are
necessary. This action authorizes the requisition of funds necessary to purchase the Graco,
Inc. easement in condemnation.
RECOMMENDATION
Staff recommends directing Superintendent to requisition and obtain necessary funds in the
amount of $622,300 for the purchase of the Graco, Inc. easement.
Comprehensive Plan.
Vision Theme 3:
Goal:
needs

Review:
Adam Arvidson
Completed
06/19/2015 12:44 PM
06/19/2015 12:44 PM
06/19/2015 12:48 PM
Pending
06/22/2015 4:00 PM
Resolution 2015-238
Page 2
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Minneapolis Park and Recreation Board

June 22, 2015

2117 West River Road N

4:00 pm CLOSED SESSION

President, Commissioner District 1

Discussion Regarding Graco pending condemnation matter

ACTION ITEMS FOR SPECIAL BOARD AGENDA

That the Board adopt Resolution 2015-235 captioned as follows:

That the Board adopt Resolution 2015-236 captioned as follows:

June 22, 2015

That the Board adopt Resolution 2015-237 captioned as follows:

That the Board adopt Resolution 2015-238 captioned as follows:

Minneapolis Park and Recreation Board

June 22, 2015

Attachment 1 - Graco Trail Easement

Prepared By: Renay Leone, Real Estate Coordinator, Strategic Planning

Minneapolis Park and Recreation Board

June 22, 2015

Resolution Granting a Deed Restriction on Parcel D of Scherer Bros Property to Exclude

Attachment 1 - Restrictive Covenant

Attachment 2 - Letter Supporting Vacation

Prepared By: Renay Leone, Real Estate Coordinator, Strategic Planning

Jayne Miller Completed

DECLARATION OF RESTRICTIONS AND COVENANTS

Property has the meaning set forth in the Recitals.

[Signature Pages Follow]

IN WITNESS WHEREOF, the undersigned has caused this Declaration to be

The foregoing instrument was acknowledged before me this

Error! Unknown document property name.

Legal Description of Land

Error! Unknown document property name.

Minneapolis Parks and Recreation Board

Minneapolis Public Works

Minneapolis Park and Recreation Board

June 22, 2015

Resolution Permitting General and Special Counsel to Dismiss Condemnation Action

Attachment 1 - Graco Trail Easement

Prepared By: Renay Leone, Real Estate Coordinator, Strategic Planning

Attachment: Attachment 1 - Graco Trail Easement (2015-237 : Dismissing Condemnation Action

Attachment: Attachment 1 - Graco Trail Easement (2015-237 : Dismissing Condemnation Action

Attachment: Attachment 1 - Graco Trail Easement (2015-237 : Dismissing Condemnation Action

Attachment: Attachment 1 - Graco Trail Easement (2015-237 : Dismissing Condemnation Action

Attachment: Attachment 1 - Graco Trail Easement (2015-237 : Dismissing Condemnation Action

Attachment: Attachment 1 - Graco Trail Easement (2015-237 : Dismissing Condemnation Action

Attachment: Attachment 1 - Graco Trail Easement (2015-237 : Dismissing Condemnation Action

Attachment: Attachment 1 - Graco Trail Easement (2015-237 : Dismissing Condemnation Action

Attachment: Attachment 1 - Graco Trail Easement (2015-237 : Dismissing Condemnation Action

Attachment: Attachment 1 - Graco Trail Easement (2015-237 : Dismissing Condemnation Action

Attachment: Attachment 1 - Graco Trail Easement (2015-237 : Dismissing Condemnation Action

Attachment: Attachment 1 - Graco Trail Easement (2015-237 : Dismissing Condemnation Action

Attachment: Attachment 1 - Graco Trail Easement (2015-237 : Dismissing Condemnation Action

Attachment: Attachment 1 - Graco Trail Easement (2015-237 : Dismissing Condemnation Action

Attachment: Attachment 1 - Graco Trail Easement (2015-237 : Dismissing Condemnation Action

Minneapolis Park and Recreation Board

June 22, 2015

Resolution Directing Superintendent to Requisition and Obtain Necessary Funds in the

Prepared By: Renay Leone, Real Estate Coordinator, Strategic Planning

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