HomeMy WebLinkAbout07-06-2022 Workshop MeetingCITY OF FALCON HEIGHTS
City Council Workshop
City Hall
2077 West Larpenteur Avenue
AGENDA
July 6, 2022
6:30 P.M.
A. CALL TO ORDER:
B. ROLL CALL: ANDREWS ___ GUSTAFSON____ LEEHY___
MEYER ___ WEHYEE___
STAFF PRESENT: LINEHAN____
C. PRESENTATIONS:
D. POLICY ITEMS:
1. Just Deeds Resolution and Presentation
2. Climate Emergency Resolution
3. Police Contract Consultant
4. Community Park Appraisal
E. INFORMATION/ANNOUNCEMENTS:
F. ADJOURNMENT:
DISCLAIMER: City Council Workshops are held monthly as an opportunity for Council Members to
discuss policy topics in greater detail prior to a formal meeting where a public hearing may be held and/or
action may be taken. Members of the public that would like to make a comment or ask questions about an
item on the agenda for an upcoming workshop should send them to mail@falconheights.org prior to the
meeting. Alternatively, time is regularly allotted for public comment during Regular City Council
Meetings (typically 2nd and 4th Wednesdays) during the Community Forum.
BLANK PAGE
REQUEST FOR COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item Just Deeds Resolution and Presentation
Description
Mapping Prejudice recently published their findings on racial covenants in
Ramsey County. A total of 2,400 property deeds were found to have a racial
covenant, of which over 100 properties located in Falcon Heights have a
covenant, with most located in the Northome/Northeast Quadrant areas.
Just Deeds was a presenter at the 2021 Human Rights Day. JustDeeds is a
group of attorneys working with the City of Golden Valley, Mapping
Prejudice, and local realtors to help homeowners discharge the racial
covenants on their deeds.
The Community Engagement Commission approved the attached resolution
that would have the City of Falcon Heights join as a Participating City. By
becoming a participating City, Falcon Heights would work with Just Deeds to
create a registration form on our website that would put homeowners with a
racial covenant in touch with Just Deeds. The City would also work to promote
the project and notify homeowners listed on the Ramsey County Mapping
Prejudice map of the status of their deed.
Attorney Jared Shepherd of Campbell Knutson is one of the attorneys working
with Just Deeds and will be present at the meeting to introduce the topic.
Budget Impact N/A
Attachment(s) • Draft Resolution
• Participating Cities Toolkit
Action(s)
Requested
Provide staff direction whether to include the Just Deeds resolution on the July
13th City Council Agenda.
Meeting Date July 6, 2022
Agenda Item Policy D1
Attachment Resolution, Toolkit
Submitted By Jack Linehan, City Administrator
CITY OF FALCON HEIGHTS COUNCIL RESOLUTION
July 13, 2022
No. - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -
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 Falcon Heights. 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 Ramsey County and created the first-ever comprehensive map of racial covenants in an American city. The project mapped 1,830 covenants in Ramsey County, including 101 covenants in Falcon Heights; and
WHEREAS, an example of a common covenant in Falcon Heights declared that “RESTRICTION AND; and that said property shall in no manner be conveyed to persons of African or Oriental descent”; and
WHEREAS, the discriminatory covenants in Falcon Heights are concentrated along its borders
with St. Paul and Roseville; and
WHEREAS, there are parcels located in the Northeast Quadrant, Northhome, and Snelling West that contain discriminatory covenants; 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 Ramsey 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 Falcon Heights 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 2022, the City Council directed the Community Engagement 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 Falcon Heights; and
WHEREAS, the State of Minnesota, including the City of Falcon Heights, 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.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota:
1. The City of Falcon Heights 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 orleased 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 educatethe community about this and other historically discriminatory practices; to identify
contemporary discriminatory systems, policies, and practices; and to take action to
dismantling racist systems, practices, and policies in the City of Falcon Heights to create equity for all.
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Moved by: Approved by: ________________________ Randall C. Gustafson Mayor
GUSTAFSON ____ In Favor Attested by: ________________________ LEEHY Jack Linehan MEYER ____ Against City Administrator
WEHYEE ANDREWS
City Toolkit
Just Deeds: City Toolkit
Discriminatory covenants shaped the geographic and demographic landscape of our
cities. They determined where people live, where different types of businesses are locat-
ed, what type of housing is available, where highways were built, where garbage dumps
were placed, how public education was funded, and more. These patterns remain today
and are often reinforced by current city policies, ordinances, and planning decisions. Just
Deeds invites all cities committed to the Just Deeds mission to participate in the coalition.
Expectations
No formal action is required to join the Just Deeds project, but most cities join by passing
a resolution of support (see sample resolution in Attachment 1).
All cities wishing to participate in Just Deeds must:
• Commit to the Just Deeds mission statement in word and in action (see Just Deeds
mission in Attachment 2)
• Dedicate resources to support the Just Deeds mission. Some examples of how other
cities are participating include:
• devoting staff or volunteer time to connecting residents with free help from
legal and title professionals to discharge discriminatory covenants (required)
• discharging covenants on city-owned property
• engaging in community conversations on race and housing
• identifying anti-racist action your city and community can take to address hous-
ing barriers
• engaging your city’s Human Rights Commission and City Council (see sample
memo Attachment 3 and sample presentation in Attachment 4)
• joining with other Just Deeds cities to create new equity tools tailored to city
government
Just Deeds: City Toolkit
Benefits
Benefits of participating in the Just Deeds project include the following:
• Your city will be featured on the Just Deeds website, along with other participating
cities.
• If there are restrictive covenants in your community, the Just Deeds team will con-
nect you with volunteer attorneys to help your residents discharge their covenants.
Your city staff will be responsible for managing the process of connecting residents
to attorney volunteers. Just Deeds will provide you the tools and instruction neces-
sary to carry out this portion of the project.
• Your city will receive access to educational materials about discriminatory covenants
in Minnesota and will be invited to collaborate with other Just Deeds members to
develop policies, practices, and programs to dismantle racist systems.
Thank you for your interest in participating in the Just Deeds coalition. We look forward to
working together to create meaningful and lasting change in Minnesota one deed, policy,
and planning decision at a time.
Just Deeds: City Toolkit
Sample Resolution
ATTACHMENT 1
RESOLUTION NO. 20 –
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 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.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa J. Schyma, City Clerk
Just Deeds: City Toolkit
Mission Statement
ATTACHMENT 2
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:
•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
•educating Minnesotans so they understand who has directly and indirectly benefitted
from historically racist practices and how those practices have shaped access to
property, homeownership, and wealth over time
•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 generational 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.
Just Deeds: City Toolkit
Sample Memo
ATTACHMENT 3
Golden Valley City Council Meeting
October 7, 2020
Agenda Item
__. Resolution condemning the use of discriminatory covenants, discharging discriminatory covenants
on City-owned property, and approving participation in the Just Deeds Coalition
Prepared By
Kirsten Santelices, Human Resources Director/Human Rights Commission Liaison
Kiarra Zackery, Equity and Inclusion Manager
Maria Cisneros, City Attorney
Summary
Overview
Staff recommends that the City Council pass a resolution to:
•Condemn the past use of discriminatory covenants in Golden Valley and prohibit their future
use;
•Investigate and identify any real property owned or leased by the City that contains
discriminatory covenants and to discharge those covenants in the Hennepin County land
records; and
•Participate in the Just Deeds Coalition, a group of community stakeholders committed to
acknowledging and addressing systemic racism in housing in Minnesota.
What is Just Deeds?
Just Deeds is the name of a project launched by the Golden Valley Human Rights Commission (the
“HRC”) to provide free legal assistance to homeowners who want to research and discharge
discriminatory covenants from their property titles. The City has partnered with local law firms and
title companies, including Hoff Barry, Dorsey and Whitney, Edina Realty Title, and Guaranty Title to
accomplish this work.
Just Deeds also shares the name with a coalition of cross-disciplinary organizations whose goal is to
acknowledge the harm caused by discriminatory covenants and actively work to dismantle structural
and institutional racism through education and action. Coalition participants include Mapping
Prejudice, the Minnesota Association of City Attorneys, Edina Realty Title, the Minneapolis Area
Association of Realtors, and the St. Paul Area Association of Realtors. Additionally, Golden Valley
staff is working with staff members from Hennepin County and neighboring cities to further the
work of the Just Deeds Coalition.
Project Timeline
In 2019, the Minnesota Legislature passed a law to allow property owners to renounce discriminatory
covenants on their properties. In response, the HRC requested that the City Council approve an
City Council Regular Meeting Executive Summary
City of Golden Valley
October 7, 2020
2
amendment to its 2019 work plan, adding the topic of discriminatory covenants. In the spring of 2020,
the City launched the Just Deeds project and began working with Just Deeds Coalition member
organizations. The Coalition is actively working to educate Minnesotans about: (1) historically racist
practices; (2) the deliberate, pervasive damage discriminatory covenants have caused to communities
of color and other traditionally marginalized groups of people; and (3) how these systems directly
benefited white persons. Additionally, the Coalition aims to take an active role in identifying
discriminatory systems and devote resources toward creating equity for all persons. See Just Deeds
Coalition Mission Statement (attachment 1). As of the date of this summary, the City has received
approximately 112 requests from homeowners to research and discharge discriminatory covenants on
their property titles.
Discriminatory Covenants in Golden Valley
Governments, including the City of Golden Valley, played a significant role in the use of discriminatory
covenants. For example, the federal government required discriminatory covenants to secure FHA
mortgage financing. In some cases, cities required developers to impose covenants as a condition of
subdivision approvals.
Records show that Golden Valley leaders knew that developers were using discriminatory covenants in
the City and either sanctioned or required the practice. For example, in 1938 the Planning Commission
and the 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. See February 10, 1938 Planning Commission meeting minutes (attachment 2) and
March 1, 1938 City Council meeting minutes (attachment 3).
There are 1,604 discriminatory covenants in Golden Valley. Figure 1 below shows where these
covenants are located. Figure 2 is an example of the language used in discriminatory covenants. This
particular covenant can be found in the Tralee Addition (Meander and Paisley Road area).
Figure 1. Figure 2.
City Council Regular Meeting Executive Summary
City of Golden Valley
October 7, 2020
3
Another example of discriminatory covenant language found in Golden Valley stated “No persons of
any race other than the Caucasian race should use or occupy any building or any lot, except that this
covenant shall not prevent occupancy by domestic servants of a different race domiciled with an
owner or tenant.” This covenants was found in the Spring Green neighborhood.
While completing title research, the City Attorney and the City’s GIS Specialist identified 61 City-owned
parcels with discriminatory covenants in places such as the Golden Ridge Nature Area, Lakeview Park,
Seeman Park, North Tyrol Park, and South Tyrol Park. See map of affected City-owned parcels
(attachment 4). Further research is required to determine whether the City knew about the covenants
at the time these properties were acquired. The City can discharge these covenants under state law
and the proposed resolution contains a provision authorizing the City Attorney to prepare and record
the necessary forms to complete the discharge process. While this action will discharge the covenants
and affirm that they are no longer enforceable, it will not delete them from the property records.
Discriminatory covenants in Golden Valley created long-lasting consequences and a legacy of inequity
between White persons and Black, Indigenous, and Persons of Color (BIPOC). Discriminatory Covenants
promoted and established residential racial segregation, which continues to prevent access to property
ownership, accumulation of wealth, property transfers, mortgage eligibility, rental eligibility, property
values, property tax base, education, transportation, medical care, home ownership, internet access,
environmentally healthy spaces, and more. Data shows that homes that were racially covenanted are
still predominantly owned by White people and are worth approximately 15% more today than non-
covenanted properties. Additionally, in part due to discriminatory covenants, the City of Golden
Valley’s population is less racial diversity than surrounding cities.
Dismantling the Legacy of Discriminatory Covenants
By starting the Just Deeds project and joining the Coalition, the City of Golden Valley is taking the first
step to mitigate its role in systemic racism in housing. The Just Deeds project acknowledges that
discriminatory covenants are one part of a racist system that intentionally excluded Black, Indigenous
and People of Color from social, economic, and political benefits associated with homeownership
generally and living in Golden Valley specifically. In order to address all matters of racial inequity, the
lasting impacts of racial segregation must be addressed through the public denouncement of this
historical practice. The City must establish new systems to replace the old.
The City of Golden Valley can become a model for racial restitution for all groups harmed by the
institutional practice of discriminatory covenants by intentionally and deliberately taking the following
steps: discharging the discriminatory covenants on City-owned property, continuing to actively
participate in the Just Deeds Coalition, educating the community about discriminatory covenants, and
identifying and overturning all policies influenced by the use of discriminatory covenants.
Financial Or Budget Considerations
Not applicable
City Council Regular Meeting Executive Summary
City of Golden Valley
October 7, 2020
4
Recommended Action
Motion to pass Resolution 20-___ condemning the use of discriminatory covenants, discharging
discriminatory covenants on City-owned property, and approving participation in the Just Deeds
Coalition
Supporting Documents
•Resolution No. 20-____ Condemning the Use of Discriminatory Covenants, Discharging
Discriminatory Covenants on City-owned property, and Approving participation in the Just Deeds
Coalition
•Attachment 1: Just Deeds Coalition Mission Statement (1 page)
•Attachment 2: February 10, 1938 Planning Commission Meeting Minutes (2 pages)
•Attachment 3: March 1, 1938 City Council Meeting Minutes (2 pages)
•Attachment 4: Map of City-Owned Parcels with Discriminatory Covenants (1 page)
•Just Deeds Coalition PowerPoint Presentation
Just Deeds: City Toolkit
Sample Presentation
ATTACHMENT 4
Council/Manager Meeting
November 12, 2019
Racially
Restrictive
Covenants
What are Racially Restrictive Covenants?
Racially restrictive covenants refer to contractual agreements
that prohibit the purchase, lease, or occupation of a piece of
property by a particular group of people.
For example:
History of racially restrictive covenants
Evolved in response to the 1917 court ruling (Buchanan v. Warley) that
declared municipally mandated racial zoning unconstitutional.
Encouraged by federal government’s practice of “redlining” in its
underwriting of federally funded home loans.
Became so socially acceptable that in “1937 a leading magazine of
nationwide circulation awarded 10 communities a ‘shield of honor’ for an
umbrella of restrictions against the ‘wrong kind of people.’
The practice was so widespread that by 1940, 80% of property in Chicago
and Los Angeles carried restrictive covenants barring black families.
Racially Restrictive
Covenants were widespread
in Minneapolis and its
surrounding suburbs,
including Golden Valley.
https://www.mappingprejudice.org/index.html
Local use of
Covenants
Important Legal Milestones
1940s: NAACP launched a sustained legal campaign against covenants.
1948: U.S. Supreme Court to rules covenants are unenforceable in the landmark case Shelley v. Kramer.
1953: Minnesota Legislature prohibited the use of racial restrictions in real estate documents.
1968: Federal Fair Housing Act made racially restrictive covenants explicitly illegal.
2019: Minnesota Legislature passed law allowing property owners to reject racially restrictive covenants (Minn. Stat. §507.18).
Why covenants matter today
Covenants divided our community by race. These residential segregation
patterns persist today. And this physical segregation undergirds our
contemporary racial disparities.
"While the covenants are there, there is still room for people to think that
although it cannot be legally enforced it is nonetheless a promise that
they are morally obligated to keep. And that's an argument in my view for
removing them.” Evan McKenzie, professor of political science at the
University of Illinois at Chicago
Advocates for the removal of racially restrictive covenants reason that the
restrictions, even if illegal, provide justification for subtle racism.
“The owner of any interest in real property may record the statutory
form…in the office of the county recorder of any county where the real
property is located to discharge and release a restrictive covenant related
to a protected class permanently from the title.”
Hennepin County provides instructions:
https://www.hennepin.us/residents/property/real-estate-recording-
information
Discharging restrictive covenants under
Minn. Stat. § 507.18
Share information about racially restrictive covenants with the community.
Tell people about the opportunity to reject racially restrictive covenants
on their deeds.
Make it easy for Golden Valley property owners to reject these covenants
by joining Just Deeds. Just Deeds attorneys will help residents with:
Title research
Document preparation and recording
Develop new policies and practices that dismantle the legacy of
restrictive covenants. Share the City's work with the Just Deeds Coalition.
Document progress and change; report back to the Just Deeds Coalition.
What can the City do?
BLANK PAGE
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Climate Emergency Resolution
Description
Many cities around the state have adopted Climate Action Plans addressing the
pressing issues of climate change.
Staff and City Council has requested the Environment Commission study the issues
and actions the City has taken and identity future action through a Climate Action
Plan.
On March 14, 2022, staff, directed by Council, presented to the Environment
Commission a framework resolution for a Climate Action Plan Statement. At that
meeting the Commission proposed forming a small committee to further develop and
fine-tune this resolution. The committee meet several times to finalize a version for
the commission. At the May 9, 2022 Environment Commission meeting, the EC
approved the resolution with the idea that Chair Mathwig would incorporate the
recommendations from the meeting in to a final plan to present to Council. The draft
recommendations were submitted to staff early June, with July 6th being the next
workshop.
Budget
Impact
N/A
Attachment(s) • Draft Resolution
Action(s)
Requested
Provide staff direction whether to include the Environment Commission’s
recommended resolution on a future City Council agenda for approval.
Meeting Date July 6, 2022
Agenda Item Policy D2
Submitted By Paul Moretto, Community Development
Coordinator/Planner
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
July 13, 2022
No.
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RESOLUTION DECLARING A CLIMATE EMERGENCY AND
THE COMMITMENT OF FALCON HEIGHTS TO TAKE ACTION
WHEREAS, the climate crisis is not only a future issue — it is affecting us here and now in
Falcon Heights. Our city has recently experienced numerous climate change related impacts
including a record June heatwave, dangerous air quality from drought-fueled forest fires, and
water restrictions from the same drought. In fact, the ten warmest and wettest years ever
recorded in Minnesota have all occurred since 1998. Impacts like warming surface waters are
leading to a significant loss of fish habitats in our lakes as well as increasing the risk of harmful
algae blooms, and our forests are changing as native northern species are strained by warming
temperatures;
WHEREAS, extreme weather will bring greater challenges to the local infrastructure of Falcon
Heights, imposing escalating economic burdens on our residents and businesses; crops are
stressed by cycles of drought and floods, home insurance rates are rapidly rising, costing
homeowners an extra $1000 on average in 2015 compared to rates in 1998, and faster warming
winters are leading to new pests as well as shorter winter recreation seasons;
WHEREAS, the greatest burden from an inadequate response to the climate crisis is most
immediately experienced by historically marginalized or underserved communities, due to the
lasting impact of segregation, the close proximity to pollution sources, and the lack of resources
to deal with such challenges;
WHEREAS, the failure to act will lead to the inheritance of these hardships to the youngest
generation, including the children and grandchildren of Falcon Heights;
WHEREAS, the bipartisan Next Generation Energy Act, passed by the Minnesota State
Legislature and signed by then-Governor Tim Pawlenty in 2007, committed our state to
achieving an 80% reduction in greenhouse gas (GHG) emissions by 2050 and with interim
goals of 15% and 30% below 2005 GHG emissions levels by 2015 and 2025, respectively, with
cities being key drivers of achieving these goals; Minnesota did not meet the 2015 target and is
not on track to reach our future targets;
WHEREAS, world leaders from 175 countries, including the United States, following the
guidance of the Intergovernmental Panel on Climate Change, recognized the threat of climate
change and the urgent need to combat it by signing the 2015 Paris Agreement, agreeing to
“pursue efforts to limit the temperature increase to 1.5 degrees Celsius”, which would require
emissions to be halved by 2030 and reaching net-zero or net negative carbon emissions by 2050;
WHEREAS, due primarily to human activities we have already reached a temperature increase
of nearly 1.19 degrees Celsius (nearly 2.14 degrees Fahrenheit) as compared to pre-industrial
times and the death and destruction already wrought by this level of global warming
demonstrates that the Earth is already too hot for safety and justice, as attested by increased and
intensifying wildfires, floods, rising seas, diseases, droughts, and extreme weather;
WHEREAS, a transition to a clean energy economy, if not carefully planned, would have a
disruptive economic and social impact for many in our community while a well-planned
transition may provide expanded job opportunities for local residents, improve local air quality,
quality of life, and provide economic stability;
WHEREAS, to focus attention on the need for rapid action to address climate change, 2,012
jurisdictions in 34 nations have already declared climate emergencies, including19 cities across
Minnesota, led by Duluth, Minneapolis, and Saint Louis Park, and report that acting together,
connecting to a larger statewide effort is empowering and;
NOW THEREFORE BE IT RESOLVED that the City of Falcon Heights declares that a
climate emergency threatens our city, region, state, nation, humanity, and the natural world. The
City commits to working for a just transition and climate emergency mobilization effort by
creating and executing a Climate Action Plan (CAP).
LET IT BE FURTHER RESOLVED the city will utilize the 2040 Comprehensive Plan,
Resiliency Plan, and any other pre-created resources to act as a foundation for the CAP. The city
may employ professional planning consultation and shale garner community input and
involvement in the development of the CAP. The Environment Commission will review further
action in support of the climate action plan and report to the council through the council liaison.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Moved by: Approved by: ________________________
Randall C. Gustafson
Mayor
GUSTAFSON ____ In Favor Attested by: ________________________
LEEHY Jack Linehan
MEYER ____ Against City Administrator
WEHYEE
ANDREWS
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Police Contract Consultant
Description
At the June 11th City Council Retreat, the idea of hiring a consultant to review the
City’s contract for police services was discussed.
Staff is seeking direction on the next steps to engage with a qualified consultant. The
consultant will analyze our current services, conduct a series of community focus
groups and will provide a recommendation on the City’s options for police services
beyond 2023.
Budget
Impact
Attachment(s)
Action(s)
Requested
Provide staff direction on the next steps for engaging with a consultant.
Meeting Date July 6, 2022
Agenda Item Policy D3
Submitted By Jack Linehan, City Administrator
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Community Park Appraisal
Description
At the June 8th City Council meeting, a contract was approved with Diversified Real
Estate Services, Inc. (DRESI) was approved for an amount of $6,000. The contract was
to provide a qualified appraisal of the Community Park land. It was estimated that it
would be a five week turnaround before the City received the report.
The City received the appraisal this week. The results of the appraisal can be used in
the City’s negotiations with the University of Minnesota for the purchase of the park.
Staff will review the results of the appraisal with the City Council, and discuss the
next steps in the process for negotiating with the University of Minnesota to
potentially purchase the land.
Budget
Impact
The City has budgeted $1.5 million in the Parks Capital line for the potential purchase
of the land in 2022.
Attachment(s)
Action(s)
Requested Discuss the appraisal report and determine next steps for negotiations.
Meeting Date July 6, 2022
Agenda Item Policy D4
Submitted By Jack Linehan, City Administrator
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