2022.10.03 EDA Meeting PacketAGENDA
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL
•REGULAR MEETING •
MONDAY, OCTOBER 3, 2022
6:45 P.M.
CRYSTAL CITY HALL
COUNCIL CHAMBERS
1.Call to order *
2.Roll call *
3.Approval of minutes from September 6, 2022 regular meeting
4. Consider resolutions discharging discriminatory restrictive covenants on EDA-owned land:
a. 6428 56th Ave. N.
b.3401 and 3443 Douglas Dr. N.
5.Property status update *
6.Other business *
7. Adjournment *
*Items for which no materials are included in the packet
Page 1 of 3
Minutes of the
Economic Development Authority of the City of Crystal
Regular Meeting
Council Chambers
September 6, 2022
1. Call to Order
President Banks called the meeting of the Economic Development Authority of the City
of Crystal (EDA) to order at 6:02 p.m.
2. Roll Call
Upon call of the roll, the following Commissioners were present: Jim Adams, Brendan
Banks, David Cummings, Therese Kiser, Nancy LaRoche and Olga Parsons.
The following staff were present: Executive Director Anne Norris, Deputy Executive
Director John Sutter and City Attorney Troy Gilchrist.
3. Approval of Minutes
Moved by Commissioner Adams (LaRoche) to approve the minutes from the June 21,
2022 regular meeting. Motion carried.
4. Consider a resolution adopting a proposed 2023 EDA budget and HRA tax levy.
Staff presented information about the proposed budget and tax levy.
Moved by Commissioner LaRoche (Adams) to approve the resolution adopting a
proposed 2023 EDA budget and HRA tax levy. Motion carried.
5. Property Status Update
Staff updated the board on several current and potential projects:
5526 West Broadway (former Pizza Ranch space) - will be divided into two separate
spaces, a restaurant and bar taking the kitchen and dining spaces, and a tobacco shop
with sampling area taking the party room and arcade spaces.
3501 Douglas Dr (Crystal Suite Living) - completed and opened.
227 Willow Bend (former Police Dept. Community Outreach Office) - Aqua Coin
Laundry is getting close to opening.
5208 Hanson Ct (former site of Crystal Auto Parts) - a contractor has purchased the
site to build an office/warehouse for their business.
Page 2 of 3
5358 West Broadway (former Burger King) - Hyder Investments, which owns the
Crystal McDonald’s and ten others around the metro, is finalizing their construction
plans to renovate the building for their corporate office.
3600 Douglas Dr (former Pizza Hut) - Wine Thief & Ale Jail is securing financing
and contractors to renovate the building with a goal of opening in early 2023.
7.Other Business
There was no other business.
8. Adjournment
Moved by Commissioner Adams (Parsons) to adjourn the meeting. Motion carried. The
meeting adjourned at 6:14 p.m.
Page 3 of 3
These minutes of the June 21, 2022 meeting of the Crystal Economic Development Authority
were approved by the Authority on ________________ ____, 20___.
______________________________
Brendan Banks, President
ATTEST:
______________________________
Nancy LaRoche, Secretary
Page 1 of 2
___________________________________________________________________________________
FROM: John Sutter, Community Development Director
TO: Anne Norris, City Manager (for October 3 meeting)
DATE: September 29, 2022
SUBJECT: Consider a resolution discharging discriminatory restrictive covenants on
EDA-owned land
___________________________________________________________________________________
During the first half of the 20th century, some developers and property owners imposed
discriminatory restrictive covenants when selling real estate. While discriminatory restrictive
covenants have not been enforceable since a 1948 U.S. Supreme Court decision, and such
discrimination was outlawed in Minnesota in 1962 and nationwide in 1968, these covenants
helped create persistent segregation and disparities.
The Just Deeds project was initiated by Golden Valley to bring attention to the effects of these
covenants and offer a way for property owners to renounce them. Along with other cities, Crystal
has been participating in Just Deeds since March 1, 2021.
In addition to helping Crystal property owners identify and discharge discriminatory restrictive
covenants on their property, the city has identified three EDA-owned properties with
covenants:
•6428 56th Ave. N. (parking lot) * - covenants imposed in 1947
•3401 Douglas Dr. N. (vacant lot) - covenants imposed in 1927
•3443 Douglas Dr. N (vacant lot) - covenants imposed in 1928
*6428 56th was acquired in 1986 by the city’s Housing and Redevelopment
Authority which was later supplanted by the city’s Economic Development
Authority. 3401 and 3443 Douglas were acquired by the EDA in 2009. While the
EDA is the HRA’s successor in ownership of 6428 56th, a separate and slightly
different resolution is needed for that property.
The City Attorney has prepared a document for each property that would discharge its
discriminatory restrictive covenant.
EDA STAFF REPORT
Discharging Discriminatory Restrictive
Covenants on EDA Land
Page 2 of 2
Attachments:
A.Proposed resolution authorizing execution of the discharge document for the HRA/EDA
property at 6428 56th Ave. N.
B.Proposed resolution authorizing execution of the discharge documents for the EDA
properties at 3401 and 3443 Douglas Dr. N.
C.Mapping Prejudice maps of Hennepin County and Crystal area covenants
D.March 14, 2022 memo - Crystal Just Deeds 2021 activity summary
E.Map - Location of EDA-owned properties with discriminatory restrictive covenants
F.Discharge document for 6428 56th Ave. N.
G.Discharge document for 3401 Douglas Dr. N.
H.Discharge document for 3443 Douglas Dr. N.
City Council adoption of the attached resolutions is requested, with separate motions on each
resolution (a) and (b).
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2022 - 03
RESOLUTION DISCHARGING A DISCRIMINATORY RESTRICTIVE COVENANT
WHEREAS, the Economic Development Authority of the City of Crystal (“EDA”) is the
successor in ownership to the Housing and Redevelopment Authority for the City of Crystal
(“HRA”) of real property located at 6428 56th Avenue North (“Property”); and
WHEREAS, a key City of Crystal priority is to build an inclusive community so that all feel
welcome; and
WHEREAS, the EDA has determined that, in 1947, a discriminatory restrictive covenant was
imposed on the Property prior to it becoming owned by the HRA or EDA, and the covenant
remains on the property title to this day even though it has no current effect; and
WHEREAS, a 2019 state law established a process for property owners to formally discharge
discriminatory restrictive covenants; and
WHEREAS, the EDA finds that discharging discriminatory restrictive covenants from property
owned by the EDA is one step in building an inclusive community so that all feel welcome.
NOW, THEREFORE, BE IT RESOLVED, by the Economic Development Authority of the City of
Crystal that the President and Executive Director are authorized to execute and record the
Discharge of Restrictive Covenant for the EDA-owned property at 6428 56th Avenue North.
Adopted this 3rd day of October, 2022.
____________________________________
Brendan Banks, President
____________________________________
Anne Norris, Executive Director
ATTACHMENT A
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2022 - 04
RESOLUTION DISCHARGING DISCRIMINATORY RESTRICTIVE COVENANTS
WHEREAS, the Economic Development Authority of the City of Crystal (“EDA”) is the owner of
real properties located at 3401 and 3443 Douglas Drive North (“Properties”); and
WHEREAS, a key City of Crystal priority is to build an inclusive community so that all feel
welcome; and
WHEREAS, the EDA has determined that, in 1927 and 1928, respectively, discriminatory
restrictive covenants were imposed on the Properties prior to them becoming owned by the
EDA, and the covenants remain on the property titles to this day even though they have no
current effect; and
WHEREAS, a 2019 state law established a process for property owners to formally discharge
discriminatory restrictive covenants; and
WHEREAS, the EDA finds that discharging discriminatory restrictive covenants from property
owned by the EDA is one step in building an inclusive community so that all feel welcome.
NOW, THEREFORE, BE IT RESOLVED, by the Economic Development Authority of the City of
Crystal that the President and Executive Director are authorized to execute and record the
Discharge of Restrictive Covenant for the EDA-owned properties at 3401 Douglas Drive North
and 3443 Douglas Drive North.
Adopted this 3rd day of October, 2022.
____________________________________
Brendan Banks, President
____________________________________
Anne Norris, Executive Director
ATTACHMENT B
ATTACHMENT C
Memorandum
Date: March 14, 2022
To: Anne Norris, City Manager
From: John Sutter, Community Development Director
Subject: Just Deeds - 2021 Summary
During the first half of the 20th century some property owners imposed discriminatory
restrictive covenants when selling real estate. The Just Deeds project was initiated by Golden
Valley to bring attention to the effects of these covenants and offer a way for property owners
to renounce them. Crystal has been participating in Just Deeds since March 1, 2021. For
more information please view the city’s Just Deeds web page at
https://www.crystalmn.gov/resident/community_development/just_deeds_coalition.
In addition to Golden Valley and Crystal, the following cities are participating in the project:
Bloomington, Edina, Hopkins, Minneapolis, Minnetonka, New Hope, Richfield, Robbinsdale,
Rochester, St. Anthony, St. Louis Park and Wayzata.
From March 1 - December 31, 2021 Crystal received 36 requests. I have attached a map
showing the locations of these requests. Here are the outcomes/status of those requests:
•5 covenants were renounced by the property owner (Abstract properties) or removed
by the Examiner of Titles (Torrens properties) with assistance from our two pro bono
attorneys, Corinne Heine and Kristi Anderson.
•6 properties had covenants in the past but our pro bono attorneys verified that they had
previously been removed by the Examiner of Titles (Torrens properties).
•17 properties were confirmed by Guaranty Title to have never had a covenant.
•8 requests are awaiting covenant determination by Dorsey & Whitney, who took over
that work for Guaranty Title. Both firms have been doing this work as no cost.
Please let me know if you have questions or would like additional information. Thank you.
ATTACHMENT D
2021 Just Deeds Requests Received
City of Crystal
HRA/EDA-Owned Properties with
Discriminatory Restrictive Covenants
ATTACHMENT E
DOCSOPEN\CR205\30\705900.v6-8/10/22
(Top 3 inches reserved for recording data) _____________________________________________________________________________________________ DISCHARGE OF RESTRICTIVE COVENANT AFFECTING Minnesota Uniform Conveyancing Blanks PROTECTED CLASSES Form 40.10.1 (2019)
Minn. Stat. 507.18 _____________________________________________________________________________________________
Pursuant to Minnesota Statutes, Section 507.18, any restrictive covenant affecting a protected class, including
covenants which were placed on the real property with the intent of restricting the use, occupancy, ownership, or
financing because of a person’s race, color, creed, national origin, or religious beliefs, is discharged and released from
the land described herein.
State of Minnesota, County of Hennepin
The Housing and Redevelopment Authority in and for the City of Crystal, a public body corporate and politic under
Minnesota Law, having an ownership or other interest in all or part of the real property described herein, solemnly
swear that the contents of this form are true to the best of its knowledge, except as to those matters stated on
information and belief, and that as to those matters it believes them to be true.
Name and Address of Owner:
The Housing and Redevelopment Authority in and for the City of Crystal
4141 Douglas Drive North
Crystal, MN 55422
The real property owned by Owner is located in Hennepin County, Minnesota, and is legally described as follows:
Lot 18, Block 5, “KENSEY MANOR,” according to the plat thereof on file or of record in the Office of the Registrar of
Titles for Hennepin County, Minnesota, subject to easements of record.
Torrens Certificate No. 1199646
Owner, the Housing and Redevelopment Authority in and for the City of Crystal, swears and affirms that the information
provided in this form is true and correct based on the information available and based on reasonable information and
belief.
ATTACHMENT F
DOCSOPEN\CR205\30\705900.v6-8/10/22
Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 40.10.1
(1)A restrictive covenant which had the intent to restrict the use, occupancy, ownership, or financing of this property
based on a protected class, including race, color, creed, national origin, or religion, existed at one time related to
the property described in this form;
(2)the restrictive covenant is contained in an instrument dated November 19, 1947, and recorded as Document No.
253820 (or in Book ________ of _________, Page ________) on November 20, 1947, in the Office of the County
Registrar of Hennepin County, Minnesota, which is attached herein as Exhibit A;
(3)restrictive covenants relating to or affecting protected classes are unenforceable and void pursuant to Minnesota
Statutes, sections 507.18 and 363A.09, the United States Constitution, and the Minnesota Constitution;
(4)Minnesota Statutes, section 507.18, provides for the discharge of a restrictive covenant of the nature described
herein through the use of this statutory form to permanently discharge such covenants from the land described
herein and release the current and future landowner(s) from any such restrictive covenant related to or affecting
protected classes;
(5)the instrument containing such restrictive covenants shall have full force in all other respects and shall be
construed as if no such restrictive covenant was contained therein; and
(6)the filing of this form does not alter or change the duration or expiration of covenants, conditions, or restrictions
under Minnesota Statutes, section 500.20.
The affiant knows the matters herein stated are true and makes this affidavit for the purpose of documenting the
discharge of the illegal and unenforceable restrictive covenants affecting protected classes.
_________________________________________________
Affiant (Owner’s signature)
__________________________________________________
Affiant (Owner’s signature)
Signed and sworn to before me on _______________, 2022, by ___________________________________, and
___________________________________ , the ______________________________ and ___________________,
respectively, of the Housing and Redevelopment Authority in and for the City of Crystal, a public body corporate and
politic under Minnesota Law.
____________________________________________________________
(signature of notarial officer)
Notarial Seal Title (and Rank): ___________________________________
My commission expires: _____________________________
THIS INSTRUMENT WAS DRAFTED BY:
Kennedy & Graven, Chartered
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
(612)337-9300
DOCSOPEN\CR205\30\705900.v6-8/10/22
EXHIBIT A
DOCSOPEN\CR205\30\705900.v6-8/10/22
DOCSOPEN\CR205\30\705900.v6-8/10/22
DOCSOPEN\CR205\30\705900.v6-8/10/22
DOCSOPEN\CR205\30\705900.v6-8/10/22
DOCSOPEN\CR205\30\707012.v8-8/10/22
(Top 3 inches reserved for recording data) _____________________________________________________________________________________________ DISCHARGE OF RESTRICTIVE COVENANT AFFECTING Minnesota Uniform Conveyancing Blanks PROTECTED CLASSES Form 40.10.1 (2019)
Minn. Stat. 507.18 _____________________________________________________________________________________________
Pursuant to Minnesota Statutes, Section 507.18, any restrictive covenant affecting a protected class, including
covenants which were placed on the real property with the intent of restricting the use, occupancy, ownership, or
financing because of a person’s race, color, creed, national origin, or religious beliefs, is discharged and released from
the land described herein.
State of Minnesota, County of Hennepin
The Economic Development Authority of the City of Crystal, a Minnesota public body corporate and politic, having an
ownership or other interest in all or part of the real property described herein, solemnly swears that the contents of this
form are true to the best of its knowledge, except as to those matters stated on information and belief, and that as to
those matters it believes them to be true.
Name and Address of Owner:
The Economic Development Authority of the City of Crystal
4141 Douglas Drive North
Crystal, MN 55422
The real property owned by Owner is located in Hennepin County, Minnesota, and is legally described as follows:
Lot 6, Block 1, PERLICK ADDITION, according to the plat thereof on file or of record in the Office of the Registrar of
Titles for Hennepin County, Minnesota, subject to easements of record.
Torrens Certificate No. 1311502
Owner, the Economic Development Authority of the City of Crystal, swears and affirms that the information provided in
this form is true and correct based on the information available and based on reasonable information and belief.
ATTACHMENT G
DOCSOPEN\CR205\30\707012.v8-8/10/22
Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 40.10.1
(1) A restrictive covenant which had the intent to restrict the use, occupancy, ownership, or financing of this property
based on a protected class, including race, color, creed, national origin, or religion, existed at one time related to
the property described in this form;
(2) the restrictive covenant is contained in an instrument dated June 11, 1927 and recorded as Document No. 71230
(or in Book ________ of _________, Page ________) on June 23, 1927, in the Office of the County Registrar
of Hennepin County, Minnesota, which is attached herein as Exhibit A;
(3) restrictive covenants relating to or affecting protected classes are unenforceable and void pursuant to Minnesota
Statutes, sections 507.18 and 363A.09, the United States Constitution, and the Minnesota Constitution;
(4) Minnesota Statutes, section 507.18, provides for the discharge of a restrictive covenant of the nature described
herein through the use of this statutory form to permanently discharge such covenants from the land described
herein and release the current and future landowner(s) from any such restrictive covenant related to or affecting
protected classes;
(5) the instrument containing such restrictive covenants shall have full force in all other respects and shall be
construed as if no such restrictive covenant was contained therein; and
(6) the filing of this form does not alter or change the duration or expiration of covenants, conditions, or restrictions
under Minnesota Statutes, section 500.20.
The affiant knows the matters herein stated are true and makes this affidavit for the purpose of documenting the
discharge of the illegal and unenforceable restrictive covenants affecting protected classes.
_________________________________________________
Affiant (Owner’s signature)
_________________________________________________
Affiant (Owner’s signature)
Signed and sworn to before me on _______________, 2022, by _________________________________, and
___________________________________ , the ____________________________________ and
____________________________, respectively, of the Economic Development Authority of the City of Crystal, a
Minnesota public body corporate and politic.
____________________________________________________________
(signature of notarial officer) Title (and Rank): ___________________________________
My commission expires: _____________________________
Notarial Seal
THIS INSTRUMENT WAS DRAFTED BY:
Kennedy & Graven, Chartered
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
(612) 337-9300
DOCSOPEN\CR205\30\707012.v8-8/10/22
EXHIBIT A
DOCSOPEN\CR205\30\707012.v8-8/10/22
DOCSOPEN\CR205\30\707011.v8-8/10/22
(Top 3 inches reserved for recording data) _____________________________________________________________________________________________ DISCHARGE OF RESTRICTIVE COVENANT AFFECTING Minnesota Uniform Conveyancing Blanks PROTECTED CLASSES Form 40.10.1 (2019)
Minn. Stat. 507.18 _____________________________________________________________________________________________
Pursuant to Minnesota Statutes, Section 507.18, any restrictive covenant affecting a protected class, including
covenants which were placed on the real property with the intent of restricting the use, occupancy, ownership, or
financing because of a person’s race, color, creed, national origin, or religious beliefs, is discharged and released from
the land described herein.
State of Minnesota, County of Hennepin
The Economic Development Authority in and for the City of Crystal, a Minnesota public body corporate and politic,
having an ownership or other interest in all or part of the real property described herein, solemnly swears that the
contents of this form are true to the best of its knowledge, except as to those matters stated on information and belief,
and that as to those matters it believes them to be true.
Name and Address of Owner:
The Economic Development Authority in and for the City of Crystal
4141 Douglas Drive North
Crystal, MN 55422
The real property owned by Owner is located in Hennepin County, Minnesota, and is legally described as follows:
Lot 3, Block 1, ANDERSONS GARDENDALE ACRES, according to the plat thereof on file or of record in the Office of
the Registrar of Titles for Hennepin County, Minnesota, subject to easements of record.
Torrens Certificate No. 1309814
Owner, the Economic Development Authority in and for the City of Crystal, swears and affirms that the information
provided in this form is true and correct based on the information available and based on reasonable information and
belief.
ATTACHMENT H
DOCSOPEN\CR205\30\707011.v8-8/10/22
Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 40.10.1
(1)A restrictive covenant which had the intent to restrict the use, occupancy, ownership, or financing of this property
based on a protected class, including race, color, creed, national origin, or religion, existed at one time related to
the property described in this form;
(2)the restrictive covenant is contained in an instrument dated April 18, 1928 and recorded as Document No. 77369
(or in Book ________ of _________, Page ________) on April 24, 1928, in the Office of the County
_________Registrar of Hennepin County, Minnesota, which is attached herein as Exhibit A;
(3)restrictive covenants relating to or affecting protected classes are unenforceable and void pursuant to Minnesota
Statutes, sections 507.18 and 363A.09, the United States Constitution, and the Minnesota Constitution;
(4)Minnesota Statutes, section 507.18, provides for the discharge of a restrictive covenant of the nature described
herein through the use of this statutory form to permanently discharge such covenants from the land described
herein and release the current and future landowner(s) from any such restrictive covenant related to or affecting
protected classes;
(5)the instrument containing such restrictive covenants shall have full force in all other respects and shall be
construed as if no such restrictive covenant was contained therein; and
(6)the filing of this form does not alter or change the duration or expiration of covenants, conditions, or restrictions
under Minnesota Statutes, section 500.20.
The affiant knows the matters herein stated are true and makes this affidavit for the purpose of documenting the
discharge of the illegal and unenforceable restrictive covenants affecting protected classes.
_________________________________________________
Affiant (Owner’s signature)
_________________________________________________
Affiant (Owner’s signature)
Signed and sworn to before me on _______________, 2022, by _______________________________, and
__________________________________, the ___________________________, and ______________________,
respectively, of the Economic Development Authority in and for the City of Crystal, a Minnesota public body corporate
and politic.
____________________________________________________________
(signature of notarial officer) Title (and Rank): ___________________________________
Notarial Seal My commission expires: _____________________________
THIS INSTRUMENT WAS DRAFTED BY:
Kennedy & Graven, Chartered
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
(612)337-9300
DOCSOPEN\CR205\30\707011.v8-8/10/22
EXHIBIT A
DOCSOPEN\CR205\30\707011.v8-8/10/22