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20-54 - 10-07 - Comdemning Use of Discriminatory Covenants, discharging Discrimnatory CovenantsRESOLUTION NO.20 — 54 RESOLUTION CONDEMNING THE USE OF DISCRIMINATORY COVENANTS, DISCHARGING DISCRIMINATORY COVENANTS ON CITY -OWNED PROPERTY, AND APPROVING PARTICIPATION IN THE JUST DEEDS COALITION WHEREAS, discriminatory covenants were tools used by real estate developers to prevent BIPOC and non-Christian individuals from buying or occupying property in certain areas, and they were common throughout the United States from the early 1900s to the 1960s; and WHEREAS, the purpose of discriminatory covenants was to racially and religiously homogenize communities by excluding BIPOC and non-Christian individuals from Golden Valley. These tools segregated the metro area and built a hidden system of apartheid; and WHEREAS, in 2016, the University of Minnesota founded Mapping Prejudice to expose the racist practices that shaped the landscape of the metro area. Mapping Prejudice researched restrictive covenants in Hennepin County and created the first -ever comprehensive map of racial covenants in an American city. The project mapped 24,131 covenants in Hennepin County, including 1,604 covenants in Golden Valley; and WHEREAS, an example of a common covenant in Golden Valley declared that "No part of said premises shall ever be used or occupied by or sold, conveyed, leased, rented or given to Negroes, or Mongolians or Hebrews or any person or persons of the negro race, or Mongolian race or Hebrew race or blood; and WHEREAS, the discriminatory covenants in Golden Valley are concentrated along its borders with Minneapolis and Robbinsdale, and in other desirable areas in the City, such as near downtown, around parks and open spaces, and near the private golf course; and WHEREAS, the City of Golden Valley owns sixty-one parcels of land that contain a discriminatory covenant, including parcels located in the Golden Ridge Nature Area, Lakeview Park, Seeman Park, North Tyrol Park, and South Tyrol Park; and WHEREAS, City leaders knew about the use of discriminatory covenants and sanctioned their use. For example, meeting minutes show that in 1938 the Planning Commission and City Council required the developer of the West Tyrol Hills subdivision to impose discriminatory covenants on all lots in the development as a condition of granting the required land use approvals; and WHEREAS, restrictive covenants are no longer enforceable. Legal efforts to eliminate Discriminatory Covenants include Shelley v. Kraemer, 334 U.S. 1 (1948), in which the United States Supreme Court prohibited courts from enforcing Discriminatory Covenants and the Minnesota legislature in 1953 enacted statutes that prohibited new covenants, but existing covenants were still legal in Minnesota until 1962; and WHEREAS, as a result of these judicial and legislative actions, today, Minnesota law and federal law prohibit discrimination in the sale or lease of housing based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status and those state and federal prohibitions extend to the refusal to sell or to circulate, post or cause to be printed, circulated, or posted, any limitation, specification, or discrimination as to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status; and WHEREAS, in 2019, the Minnesota Legislature passed a law authorizing property owners to individually discharge or renounce discriminatory covenants by recording a discharge form in the county property records; and WHEREAS, discriminatory covenants promoted and established residential racial segregation, which historically and currently has impacted property ownership, accumulation of wealth, property transfers, mortgage eligibility, rental eligibility, property values, property tax base, internet access, and more. Discriminatory covenants fortified systemic racism and compounded economic divestment in specific communities within Hennepin County; and WHEREAS, discriminatory covenants benefitted White communities. For example, homes that were racially covenanted are still predominantly owned by White people and are worth approximately 15% more today than non -covenanted properties; and WHEREAS, discriminatory covenants created demographic patterns that remain in place today. Due in part to this historical practice, the population of the City of Golden Valley is less racially diverse than the populations of all of its neighboring communities and has a lower percentage of minority owned businesses than many neighboring communities; and WHEREAS, in 2019, the City Council directed the Human Rights Commission to begin work on the Just Deeds Project, which connects residents to pro bono attorneys who can help remove discriminatory covenants from property titles in Golden Valley; and WHEREAS, the State of Minnesota, including the City of Golden Valley, recognizes the harm that Discriminatory Covenants —and the racial, religious, and other discriminatory practices that they represent —cause to society in general and to the individuals who are adversely affected by racial, religious, and other discrimination through the presence of discriminatory covenants in the public land records. BE IT RESOLVED by the City Council of the City of Golden Valley that: 1. The City of Golden Valley disavows and condemns the past use of discriminatory covenants and prohibits discriminatory covenants from being used in the future. 2. The City Attorney is directed to investigate and to identify any real property owned or leased by the City that contains discriminatory covenants and to prepare and record an affidavit or request an examiner's directive discharging such discriminatory covenants pursuant to Minnesota Statute § 507.18, subd. 5. 3. City staff is directed to participate in the work of the Just Deeds Coalition to educate the community about this and other historically discriminatory practices; to identify contemporary DocuSign Envelope ID: 5C4666C5-590E-4208-B182-A642077C4B50 PROVIDED BY DOCUSIGN ONLINE SIGNING SERVICE 999 3rd Ave, Suite 1700 • Seattle • Washington 98104 • (206) 219-1 www.docusign.com discriminatory systems, policies, and practices; and to take action to dismantling racist systems, practices, and policies in the City of Golden Valley to create equity for all. Adopted by the City Council of Golden Valley, Minnesota this 7th day of October 2020. Docu3tpned by: %pA4 'At. RAMS Shepard M. Harris, Mayor ATTEST: T DocuSigned by: iZ S(f fNyL Theresa J. Schyma, City Clerk ATTACHMENT 1 Mission Statement Just Deeds is a coalition of community stakeholders committed to acknowledging and addressing systemic racism in housing in Minnesota. Coalition members provide free legal and title services to help property owners find discriminatory covenants and remove them from their property titles and will provide the foundation of education and acknowledgement necessary to pursue reconciliation and anti -racist solutions. We represent organizations and entities who share responsibility for creating and correcting systemic racism in housing. We acknowledge the racist systems created and perpetuated within communities, and we will work toward dismantling these systems. Members of the Just Deeds coalition are committed to working toward meaningful and lasting change in Minnesota. Coalition members will achieve this goal by: 1. Educating Minnesotans about the racist practices perpetrated by developers, real estate agents, lawyers, and local, state and federal governments to establish segregated housing and keep wealth and opportunity away from communities of color. 2. Educating Minnesotans so that they understand who has directly and indirectly benefitted from historically racist practices and how those practices have shaped access to property, homeownership and wealth overtime. 3. Taking action to dismantle the racist systems that perpetuate inequality and devoting resources to create equity for communities of color. All members of the Just Deeds Coalition recognize the following truths and principles: • Systemic racism in housing occurs today. Black, Indigenous, and other communities of color continue to face discrimination and lack of access to affordable housing and home ownership. • Continued denial of opportunities to build general wealth through home ownership perpetuates inequity within our communities. • We will not erase or deny history. We will acknowledge it and learn from it. • We are dedicated to honesty about institutional roles (public and private) in building and perpetuating systemic racism. • We commit to begin and participate in hard conversations within our communities and institutions about our shared history of discrimination and systemic racism. • We pledge to examine the current policies and practices of our institutions to prevent future racist actions. • When we identify racism in our institutions and processes, we will actively work to remove it. ATTACHMENT 2 MINUTES OF MEETING GOLDEN VALLEY PLAMING COMISSION Village of Golden Valley Hennepin County, Minnesota �d3nutes of -meeting. of Planning Commi as ion of the Village of Golden Valley, Homispin Countinnesota held -February February 10,.1938 inthe Village Hall. Members :,present were: Dr. Sylvester Koontz Clarence Tolg John E. Johnson Roberi Burzelle Ben Stewart John Gafney H. H. Held Otto Wickstrom Gertrude Lance- Joan H. Elver J. Donald Fruen Minute,84,f last meeting read and accepted. H. W. MoNamara,,James E. Springer, officeii-of West Tyrol Hills, Inc., Paul :@nghauser and Mr. Yew . 4 of Egan Field & Nowak, civil engineers, were present in, connection with.aotion on proposed plat of WestTyrol Hills submitted to Plai admission, and letter to Village,06=12 dated1abrdary 10, 1930''&P, follows: dThe Honorable Village Council 'Village of. Golden Valley Gentlemens The undersigned.as officers of West. -Tyrol Hills Incorporated, a corporation .having filed l 9. plat with"your body. for. its, considerationand, approval and. authoiiz,ed:,on .belialf'6f*their corporation to advises 1. that We corporation, upon approval of its: plaft, will imadiately spend the sum of One Thousand dollars ($1,000.00) on road. construction in. this subdivision. The balance of the roads necessary will be completed as necessity demands, but in no event later than five years from date.. A satisfactory. bond will be posted with you to Insure completion of the. roads within the.preseribed time. All roads:to,donsidt of a.-60 foot easment with 25 ft. graded surface, 5 ft, shoulders and graveled top. 2.-An easment will be given you to permit the extension of the Minneapolis water Maine to West Tyrol Hills thru Lots eight (8) and nine (9) of Block eight (8). . It being understood that the property will be placed back in its original condition after excavation. The following.restrictions will be placed upon the property which will, govern buildinjr, ems.: a. No dwelling to be built at a cost of leiss then $7,500.66 b. Garageo.must bounder the same roof or attached to the house. 0. All lots -restricted to one family dwellings. d:* No excavation dirt shall be moved from..the subdivision without permission of the corporation. All. buildingfire bond posted with owners contribute equal shares on the Minneapolis Fire Department. -2- 2-10-38 Meeting i r_� f. All buildings erected on these premises shall be completed within six months after starting and tar paper or .building paper shall not constitute outside finish. g. That the premises conveyed shall not at any time be sold, mortgaged or leased to any person or persons of Chinese, Japanese, Moorish, Mongolian or African blood or descent. h. All buildings to.be true to their particular style of architecture. i. All buildings to be constructed in accordance with the Mpls. Building Code. J. Combination of cess-pool and septic tank will be used. Yours truly, (signed) H. W. McNamara, Pres. James E. Springer, Sec-Treas. 5625-42 Av. N, Robbinsdale, Minn. 221 Sherican Av. S, Mpls, Minn. Hy. 2610 or Go. 6761 Kenwood 7058.0 William S. Johnson, V.Pres. 2556 Upton Av. S, Mpls, Minn. Br. 2231 Motion duly made and seconded that the Commission recommend to the Village Council that the plat submitted of the development known as +Vest Tyrol Hills, also known as the SE IA of the NE 1A , Section 30, Township 29, Range 24, Village of Golden Vally. Hennppin County, Minnesota, be approved subject to the following restrictions to qualifications 1, 2 and 3. 1. Recommend that the ovmers of this plat, post a bond in the sum of Four Thousand Dollars ($4,000), guarantying the completion of the streets in this addition within five years.from date, and that a premium be prepaid for the five year period, such streets to be constructed in a manner satisfactory to the Hennepin County Road Engineering Department as to general construction, drainage, etc. Paragraph ,i,#1 of their letter to the Village Council be amended to read that all streets to consist of a 60 ft. easment with 35 ft. graded and graveled surface, and 5 ft. shoulders. 2. Recommend the acceptance of the plat of 'Vest Tyrol Hills subject to the granting of an easment for water mains, gas mains, sewer, and other public improvements along the north 15 ft. of Lot #8 in Block #8, and along the south 15 f9tr of Lot #9 in Block #8. 3. Restrictions as provided for in paragraph #3 to be embodied in the general deed. In view of the fact that a number of building projects are contemplated mn this plat the Commission request prompt action on these recommendations. Motion made by Mr. Tolg and seconded by Mrs. Lamm that the Village Council grant the petition for the vacating of Anna Avenue, with the provision that the petitioners assume the cost of legal proceedings. Officers were elected - Paul A. Seeman unanimously elected president, Clarence Tolg was elected Vice Pres. and Jean H. Elver Secretary -Treasurer. Motion made and seconded that meeting adjourn. _1_? . I'll Atte / Soly-Treas. resident March, I, 1938. 19 ATTACHMENT 3 7 Meeting called to order by the Chariman (Paul A. Seeman). Members present: Frandsen, Seeman, Engelbretson ,Reiss and Johnson. Minutes of the previous meeting read, There being no corrections or objections, minutes declared accepted as resod. 'lotion by Johnson seconded by Reiss to accept recommendation of the Planning Commission for the vacating of Anna Avenue in the Massolt Gardens plat. Frandsen, Reiss, Seeman, Engelbrateon and Johnson (yes). Motion by Er*elbretson seconded by Johnson to accept the recommendation of the Plahning Commission for the acceptance of the plat for West Tyrol Hills. Seeman, Reiss, Frandsen, Vngalbretsou and Johnson (year). Motion by Johnson seconded by Reiss that the proper officers of the village be authorix+ed to sign the plat for the register of deeds office and that the village seal be affixed . . Seeman, Rei6t, Frandsen, Engelbratson and Johnson (yes). Motion by Engelbretson seconded by Johnson that the application by the Minneapolis Northfield and Southern Railfo for building permit tea: refined to the Planning comtission for consideration and report to the council. Frandsen, Seeman, Reim, Engelbretson and Johnson (yes). Motion by Hngelbreteon seconded by Johnson that Chairman Smemarr be authorized to hire two t rues► for the 'SPA road project. Seeman-, Reiss, Ebgelbretson and Johnson (yes). Frandsen (no).. Motion by Fbgelbretsoh seconded by Johnson to adjourn was so ordered'. Expenditures------ ___ Receipts ------------------------------------ __1 ®� ark. 9\11 Minutes of Mar.I meetino cant-Imed on pageZO to inclVde conditifts of acceptanoe Bf the rrlat of West Tyrol. Hills addition. 0 0onditions of acveptance of Feet Tyrol Hills plat. Also known as the s.e. 1/4 of the n. e. I section 30,Township 39, Range 24,Village of Golden Valley, Winneseta. That the diwners of this plat post a bond in the sum of four thousand dollars U4000.00) guarantying the completion of the streets in this addition within five years from date, and that a premium be prepaid for the five year period, such streets tc be constructed in .a manner satisfactory to the Hennepin County Road Engineering Department as to general construction, drainage, etc. All roade:+c onsist of a sixty foot easment with 35 foot C,raded. and graveled serface and five foot shoulders-. LU easment will be given The Village cf Golden Valley Minnesota to permit the externsion of the Minneapolis watermains to West Tyrol. Hills thru Lots Eight (8) and Nina (9) of Block Eight (8) . It being understood that the property will be placed back in itis original «. condition after excavation. 1t is also understood that sasments will also be given for gas mains, sewer and other public improvements. The above easments are to be granted along the North 15 foot of Lot Eight (8) in Block Eight (8) and along the South 15 foot of Lot Nine (9) in Block Eight (8). The fallowing restrictions will be placed upon the property which will: govern building etc, a. No dwelling to be constructed at a cost of less -than 7,500.00. b. Garages must be under the same roof or attached to the house. c. All lots restricted to tine family dwellings. d, No excavation dirt will be moved from the subdivisiorr without the consent of the owners. e. All building owners must contribute equal shares on fine bond posted with the Minneapolis Fire Dept. f. All buildings erected on these premises shall b- ^nmpleted within six months after etart in; and tar paper olr:,,btililding gaper tha.11not constitute outside finish. g. That the premises conveyed%sha,ll not at any time be sold,morgaged morgaged or leased to any person. or persons of Chinese, Japanese, Moorish, Mongolian or African blood or de&aent. h. All buildings to be true to their ra.rticular style of architecture. i. All buildirge to be constructed in accordance with the Minneapaltz Building code. j . Combination of ceae-lpool and septic tank will be used. :t is understood that the above restrictions are to be embodied in the general deed and filed in the Register of Deeds Office for Hennepin County. 1