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HomeMy WebLinkAbout1993 06-14 EDAP Regular Session EDA AGENDA CITY OF BROOKLYN CENTER JUNE 14, 1993 (following adjournment of City Council meeting) 7 p.m. 1. Call to Order 2. Roll Call 3. Approval of Agenda and Consent Agenda -All items listed with an asterisk are considered to be routine by the Economic Development Authority and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 4. Approval of Minutes: a. EDA Minutes - May 24, 1993 - Special Session 5. Resolutions: • a. Accepting Proposal of Marquette Partners for a Management Study of the Earle Brown Heritage Center • b. Authorizing Execution of Purchase Agreement for the Acquisition of 5305 Bryant Avenue North and Authorizing Payment for Acquisition Costs • c. Authorizing the Acquisition of Certain Real Property Within the City of Brooklyn Center and Establishing Offer of Just Compensation for Said Property Located at 5500 Emerson Avenue North in Brooklyn Center • d. Approving One (1) Brooklyn Center Economic Development Authority Grant (File No. H -113 [8039]) 6. Adjournment CITY OF BROOKLYN CENTER Cotmed Meeting Date June 14 ,1 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: EDA MINUTES - MAY 24, 1993 - SPECIAL SESSION DEPT. APPROVAL• Brad Ho n, hector of Community t MANAGER'S REVIEW/RECOAMENDATION: No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY Or 13ROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION MAY 24 1993 CITY HALL TQ ORDER The Brooklyn Center Economic Development Authority met in special session and was called to order by President Todd Paulson at 9:30 p.m. ROLL CALL President Todd Paulson, Commissioners Celia Scott, Dave Rosene, and Kristen Mann. Commissioner Barb Kalligher was excused from tonight's meeting. Also present were City Manager Gerald Splinter, Director of Community Development Brad Hoffman, Community Development Specialist Tom Bublitz, City Attorney Charlie LeFevere, and Council Secretary Nancy Berg. APPROVAL OF AGENDA AND CQN.S EN S' AG 4� President Paulson inquired if any Co mmiss io ners requested any items be remgvcd from the Consent Agenda, The Director of Community Development requested item 6a be removed from the Consent Agenda until June 14, 1993. RE.SQ UTIONS RESOLUTION NO, 93 -17 Commissioner Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF PROGRAM APPLICATION - COMMITMENT AGREEMENT FOR THE 1993 MINNESOTA HUUSiNG FINANCE AGENCY'S MINNESOTA CITY PARTICIPATION PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Mann, and the motion passed unanimously, 5/24/93 - 1 - RES aLLITION NQ. 93 -18 GAmmissioncr Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF MORTGAGE REVENUE BOND ALLOTMENT AGREEMENT FOR THE 1993 MINNESOTA HOUSING FINANCE AGENCY MINNESOTA CITY PARTICIPATION PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Mann, and the motion passed unanimously, RESOLUTION NO. 93 -19 Commissioner Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATIONS AND AWARDING CONTRACT FOR DEMOLITION OF 6601 BRYANT AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Mann, and the motion passed unanimously, RESOLUTION NO 93 -20 Cummissiuncr Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATIONS AND AWARDING CONTRACT FOR DEMOLITION OF 419 - 69TH AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Mann, and the motion passed unanimously, APPROVAL OF MINUTES MAY 10. 1993 - SPECIAL SESSION There was a motion by Commissioner Mann and seconded by Commissioner Scott to approve the minutes of the May 10, 1993, EDA meeting as printed. The motion passed unanimously, PUBLIC HEARING PUBLIC HEARING REGARDING SALE OF PROPERTY LOCATED AT 6730 PERRY AVENUE NORTH IN BRQQKLYN CEN TO TWIN CITIES HABITAT FOR HUMANITY The City Manager presented the public bearing regarding sale of property located at 6730 Perry Avenue North in Brooklyn Center to Twin Cities Habitat for Humanity. 5/24/93 - 2 - The Community Development Specialist explained the resolution presented to the EDA would approve the terms of the purchase agreement for the sale of the property to Twin Cities Habitat for Humanity, He explained the terms of the purchase agreement and added another paragraph after condition number 14; If the Purchaser does not comply with the requirements of this paragraph, then the Seller shall have the right to re -enter and take possession of the Property and to terminate and revest in the Seller title to the Property, The quit claim deed required to be provided under paragraph 10 shall include a reverter clause to effectuate the intent of this paragraph, President Paulson asked for a definition of a low- and moderate - income person. The Community Development Specialist explained a low- and moderate - income person or persons was defined as an income not greater than eighty percent of the Minneapolis/St. Paul metropolitan MSA median household income as most recently approved by the Department of Housing and Urban Development for purposes of establishing Community Development Block Grant program income limits, President Paulson opened the meeting for the purpose of a public hearing regarding a resolution authorizing exi=tion of purchase agreement for the sale of 6730 Perry Avenue North to Twin Cities Habitat for Humanity. Paul Jennings of Wooddale Lutheran Church and Habitat for Humanity volunteer explained the mission of Habitat for Humanity was to provide housing for low- income, working families, He explained the family must contribute 300 hours of "sweat equity" in community service. He described the home as a rambler with a basement, low maintenance exterior, a garage, and standard landscaping, He further explained he, and two other volunteers had spoken to the residents in the area and most were fairly supportive, with two families expressing reservations about who would be occupying the house. Tony Beckstrom, a paid employee of Habitat for Humanity, provided the plans for the house. Mike Zawalski, Habitat for Humanity volunteer from St. Alphonus, expressed gratitude to City staff and the Council for helping to make this home possible. He explained there were _ five churches in Brooklyn Center and Brooklyn Park providing funding and many hours of volunteer labor for Habitat for Humanity. President Paulson asked if the property could become rental property. Mr. Jennings answered no, not during the twenty years of the mortgage, and if the mortgage was not being met it would revert back to Habitat for Humanity. President Paulson asked how members of the community could become involved with Habitat for Humanity. Mr. Jennings answered through an individual's church or by calling 5124193 - 3 - the affiliate office on East 22nd Street in Minneapolis. Mr, Zawalski encouraged anyone interested in volunteering meet with him after the meeting. President Paulson stated it sounded like a lot of hard work, but a lot of fun for a good purpose. There was a motion by Commissioner Rosene and seconded by Commissioner Mann to close the public hearing at 9 :58 p.m. The motion passed unanimously. RESOLUTION Nth. 93 -21 Commissionor Scott introduced the following resolution and moved its adoption; RESOLUTION AUTHORIZING EXECUTION OF PURCHASE AGREEMENT FOR SALE OF 6730 PERRY AVENUE NORTH TO TWIN CITIES HABITAT FOR HUMANITY The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Rosene, and the motion passed unanimously. The Community Development Specialist presented a resolution establishing the Brooklyn Center Economic Development Authority's interest in joining with other CO -OP Northwest Citics to form a non - profit housing development consortium, He apologized for bringing' this to the EDA without prior notice, but explained staff had only just received the information and had not had adequate time to review the proposal. He explained two reasons for considering establishment of a non - profit housing development consortium: 1. To take advantage of some HOME funds that can only be accessed through this type of organization, 2. The City of New Hope had created a non - profit organization for a senior housing project, and since it was completed the non - profit organization had been in a state of dormancy and New Hope was considering amending the non- profit bylaws to allow for this development consortium. He further explained the consortium would like to submit an application to Hennepin - County for HUME funds for this year, and the resolution would allow Brooklyn Conter to apply for the funds. He also explained the deadline for applying for the funds was June 1, 1993. The City Manager agreed it might be a good idea to develop a non - profit corporation and piggyback with other communities 5o Brooklyn Center would not have the expense of setting up a non - profit corporation on its own. Commissioner Mann asked what the expense to Brooklyn Center would be, The Community 5/24/93 -4- Development Specialist answered Brooklyn Center would have a match requirement of 25 percent, He explained some of the match could be, by staff time or land, not necessarily a cash donation. Commissioner Scott inquired if CDBG funds could be used for the 25 percent match. The Community Development Specialist answered no, but the City could combine CDBG funds with HOME funds nds fora ro'ect, P J The City Manager explained the City would not have to commit to any given program. He further explained some of the funds could be, used to purchase scattered sites. President Paulson was concerned the EDA was just now hearing about the program and did not know enough about it to make a decision. The City Manager assured the EDA if it felt uncomfortable with the program it should not feel pressured to vote on the resolution. He explained staff had only just learned of the opportunity and wanted the EDA to be aware of it. Commissioner Scott inquired if the EDA was to vote in favor of the resolution, this would not commit the City to any money unless the City took advantage of the funds. The Community Development Specialist answered it was his understanding the City would not be committed to any hard dollars for going forward at this point. Commissioner Scott stated if the program would commit the City to spending money without knowing more, she was opposed to it. She continued if it was just to give the City the opportunity to submit for those funds in the future, she would have no problem. She agreed the EDA needed more information. The Community Development Specialist stated he did not have the answers this evening, President Paulson appreciated CO -OP Northwest presenting the program to staff, but agreed the EDA did not know enough about the program right now. Commissioner Rosene suggested moving the resolution contingent on staff researching the proposal mare, and then polling the commission members by phone. The City Attorney suggested the EDA Gould make the resolution contingent upon further review by the City Manager. - Commissioner Mann appreciated staff's efforts, but stated she would not vote on something she had just learned about. There was a motion by Commissioner Mann and seconded by President Paulson to table a resolution establishing the Brooklyn Center Economic Development Authority's interest in joining with other CO -OP Northwest Cities to form a non -profit housing development consortium until the EDA has further information on the program. Vote on the motion: three ayes, one nay. Commissioner Rosene voted nay. The motion passed. 5/24/93 - 5 - ADJOURNMENT There was a motion by Commissioner Rosene and seconded by Commissioner Mann to adjourn the meeting. The motion passed unanimously. The Brooklyn C,vnter Economic Development Authority adjourned at 10;26 p,m, Todd Paulson, President Recorded and transcribed by: Nancy Bcrg Timesaver Off Site Secretarial 5/24/93 -6- CITY OF BROOKLYN CENTER Council Meeting Date June 14, 1993 Agenda Item Number ate REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIP'T'ION: RESOLUTION ACCEPTING PROPOSAL OF MARQUETTE PARTNERS FOR A MANAGEMENT STUDY OF THE EARLE BROWN HERITAGE CENTER DEPT. APPROVAL: Brad Hoffman, Director 'Community Development MANAGER'S REVIEW/RECONBIENDATION: No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached ) The EDA received two (2) proposals for the management study of the Earle Brown Heritage Center. Marquette Partners, a hospitality consulting firm, and the Julian Group, also a hospitality consulting firm, submitted proposals. Judith Bergeland and I interviewed representatives from each firm. Marquette Partners was focused on operational functions and cost analysis as opposed to a more "humanistic" approach (i.e. people's opinions, feelings, etc.) as they relate to the Heritage Center. Judith shared a concern that the Julian Group might have a tendency to tell us what they felt we would like to hear. Marquette Partners will tell us exactly what they think we need to know to make the Heritage Center a financial success. The Julian Group's proposal was $5,818, and the Marquette Partners' proposal was $8,500. Monday evening, I will be available to discuss my recommendations with the EDA. I am recommending Marquette Partners. Funding for this study will come from the EDA contingency fund. . Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL OF MARQUETTE PARTNERS FOR A MANAGEMENT STUDY OF THE EARLE BROWN HERITAGE CENTER WHEREAS, the Economic Development Authority in and for the City of Brooklyn Center (EDA) has requested proposals for a management /operations study of the Earle Brown Heritage Center; and WHEREAS, the EDA has received two (2) proposals to provide marketing and operational consulting services; and WHEREAS, the proposal submitted by Marquette Partners is deemed to be the best and most appropriate proposal. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center that: 1. The proposal of Marquette Partners in the amount of $8,500 be accepted; 2. The EDA approve a retainer fee of $3,000; 3. The EDA appropriation for contingency expenditures be reduced by $8,500; and 4. The EDA appropriation for professional services be increased by $8,500 for the Earle Brown Heritage Center management study. Date Todd Paulson, President The motion for the adoption of the foregoing resolution was duly seconded by Commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date June 14, 1493 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING EXECUTION OF PURCHASE AGREEMENT FOR THE ACQUISITION OF 5305 BRYANT AVENUE NORTH AND AUTHORIZING PAYMENT FOR ACQUISITION COSTS DEPT. APPROVAL: Tom Bublitz, Community Development Specialist MANAGER'S REVIEW/RECOAMENDATION: No comments to supplement this report Comments below /attached SUM MLARY EXPLANATION: (supplemental sheets attached Yes EDA Resolution No. 93 -15 authorized EDA staff to make an offer of $42,000 for the single - family property located at 5305 Bryant Avenue North. The acquistion would be undertaken as part of the City's scattered site acquisition program. The owner of the property, Ms. Pamela Frantum, has agreed to the offer of $42,000. I have met with Ms. Frantum and finalized the urchase agreement included with this request form. If the P g q EDA approves the attached resolution and purchase agreement, I will set up a closing on the property after the required environmental assessment is completed to meet CDBG requirements. The acquisition is being undertaken as a voluntary acquisition, and Ms. Frantum has agreed to formally waive any relocation benefits. I would recommend funding for this acquisition come from the City's Community Development Block Grant program. PURCHASE AGREEMENT This Purchase Agreement made this day of , 1993, by and between Pamela Frantum, Owner(s) and Seller(s) "Seller") Author ' t collectivel the Seller and the Economic 1 ( Y )� Y in and for the City of Brooklyn Center, with offices at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, Buyer. WITNESSETH: WHEREAS, Seller is the owner of that certain real estate described in paragraph 1 below (the "Subject Property "); and WHEREAS, Buyer desires to acquire the Subject Property to own in fee simple for redevelopment purposes; and WHEREAS, Seller agrees to sell the Subject Property to Buyer; NOW, THEREFORE, the parties hereto hereby agree as follows: 1. Earnest Money That in consideration of the mutual agreements herein contained and the sum of One Dollar and No Cents ($1.00) ( "Earnest Money ") paid by the Buyer to the Seller, the receipt of which is hereby acknowledged, the Seller hereby grants unto the buyer the exclusive right to purchase the following tract or parcel of land (Subject Property) situated in the County of Hennepin, State of Minnesota, to -wit: The south 1/2 of the east 1/2 of that part lying east of east line of Colfax Avenue and the east 14 feet of the south 1/2 of the west 1/2 of that part lying east of the east line of Colfax Avenue, Lot 9, Block 4, Bellvue Acres. PID 10 118 - 21 - 12 - 0010 2. Purchase Price The purchase price for the Subject Property all be Forty -Two Thousand and No /100 Dollars ($42,000.00) payable by check on the Closing Date. The Earnest Money shall be applied as a partial pre - payment thereof. The Buyer, in its and in partial payment of the purchase price, may assume or take title subject to any existing indebtedness encumbering the Subject Property, in which case the cash to be paid at the time of closing shall be reduced by the then remaining indebtedness. 3. Marketability of Title The Seller shall, within ten (10) days of the date of this Purchase Agreement, deliver to the Buyer all unrecorded instruments relating to interests in the Subject Property, and abstract of title or a registered property abstract continued to the date of delivery and including proper searches for judgments, bankruptcies, state and federal tax liens, real estate taxes and special 1 assessments, showing marketable title to the Subject Property in the Seller. After delivery of said abstract or registered property abstract, the Buyer shall have twenty (20) days for the examination thereof, and to deliver written objections, if any, to the Seller. Seller shall permit no additional encumbrances to be made upon the Subject Property between the date of this Purchase Agreement and the Closing Date. In the event that title to the Subject Property is found by the Buyer to be unmarketable, and cannot be made marketable by the Seller by the Closing Date, then, at the option of the Buyer, this Agreement shall be null and void, and the Earnest Money shall be refunded forthwith to the Buyer. 4. Closing Date The closing of the sale of Subject Property shall take place sixty (60) days after the date of this Purchase Agreement, or at such earlier or later date as may be mutually agreed upon by the Seller and Buyer. 5. Deed Delivered at Closing Seller agrees to give good and marketable title to Subject Property in fee - simple, together with all improvements, hereditaments and appurtenances thereunto belonging and all of the right, title and interest of the Seller in and to any streets or alleys adjoining or abutting thereon, and to convey the same by warranty deed joined in by all individuals known collectively as Seller herein (and by spouse, if any), and in form acceptable to counsel for Buyer. 6. Seller's Representations and Adjustments The Seller agrees to free the Subject Property from all taxes, assessments, leases, liens, and encumbrances and charges of any kind to the date of closing, except that it is agreed that all real estate taxes due and payable in the year of the Closing Date and all rents, utilities, insurance premiums on transferable policies and other income and expenses relating to the Subject Property, shall be pro -rated to Seller and Buyer as of the Closing Date. Seller warrants that there has been no labor or material furnished to the property for which payment has not been made. This warranty shall survive the delivery of the deed at closing. 7. Costs to Clear Title and Closing Costs If the Seller fails to clear title to the extent herein required, or to submit evidence of his ability to do so, and such failure continues for ninety (90) days after the notice of defects, the Buyer may clear title to the extent required and charge the cost of clearing to the Seller. All expenses of examination of title, recording the Seller's warranty deed, transfer taxes, documentary stamps, evidence of title, boundary survey and legal description of the Subject Property, and similar expense incidental to conveying the Subject Property to the Buyer shall be paid by the Buyer. 2 8. Exceptions to Marketable Title Seller shall convey marketable title to the Subject Property to the Buyer subject only to the following exceptions: a. Building and zoning laws, ordinances, State and Federal regulations. b. Reservation of any minerals or mineral rights to the State of Minnesota. C. Utility and drainage easements. 9. No Broker Involved The Seller and Buyer represent and warrant to each other that there is no broker involved in this transaction with whom it has negotiated or to whom it has agreed to pay a broker commission or finders' fees in connection with negotiations for the sale of the Subject Property arising out of any alleged agreement, commitment or negotiation by Seller. 10. Possessions and Insurance Seller shall continue in possession of the Subject Property until the date of closing, and shall maintain it in its present condition. On the date hereof possession shall be transferred to the Buyer. Risk or loss from casualty or any liability incurred by or as a result of the use or contact with the Subject Property shall be the Seller's until delivery of possession to the Buyer as herein provided. 11. Personal Property On Closing Date the Seller shall have removed from the Subject Property any and all personal property belonging to her. The Seller shall hold the Buyer harmless for the disposal of personal property left in or at the Subject Property by the Seller after the date of closing or date of vacation if later. 12. Entire Agreement; Amendments This Purchase Agreement constitutes the entire agreement between the parties and no other agreement prior to this Purchase Agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Any purported amendment hereto shall not be effective unless it shall be set forth in writing and executed by both parties hereto or their respective successors or assigns. 13. Binding Effect; Assignment This Purchase Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. Buyer shall not assign his rights and interest hereunder without notice to Seller except to the State of Minnesota, and Seller shall give notice to Buyer of assignment of its interests in the manner prescribed in paragraph 14 hereof. 3 14. Notice Any notice, demand, request or other communication which may or shall be given or served to or on Seller by Buyer or to or on Buyer by Seller shall be deemed to have been given or served on the date the same is deposited in the United States mail, registered or certified, postage prepaid and addressed as follows: a. If to Seller: Pamela J. Frantum 5305 Bryant Avenue North Brooklyn Center, MN 55430 b. If to Buyer: Economic Development Authority in and for the City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 With Copy To: Corrine Heine Holmes and Graven, Chartered 470 Pillsbury Center Minneapolis, MN 55420 15. Default by Buyer If title is marketable or is made marketable as provided herein and Buyer defaults in any of the agreements herein, Seller may cancel this agreement as provided by statute. 16. Default by Seller If title is marketable or is made marketable and Seller defaults in any of the agreements herein, Buyer may seek damages from .Seller, including costs and reasonable attorney's fees or seek specific performance within six (6) months after such right of action arises. 17. Well Disclosure Statement Exhibit A attached hereto is a completed form of a Minnesota Well Disclosure Statement and is incorporated herein as if fully set forth herein. 18. Notice of Finding of No Significant Impact Acquisition of the property by the Buyer shall be contingent on release of the. property from the Department of Housing and Urban Development (HUD) Environmental Conditions and the publication and subsequent approval by HUD of a Notice of Finding of No Significant Impact on the Environment (FONSI) and Notice of Intent to Request Release of Funds. 4 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year first printed above. Seller Seller STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) On this the day of 1993, before me, a Notary Public, personally appeared and , known to me to be the persons whose names are subscribed to the within instrument and who executed the same for the purpose therein contained as their free and voluntary acts. Notary Public Buyer, Todd Paulson Its President Buyer, Gerald G. Splinter Its Executive Director STATE OF.MINNESOTA) SS. COUNTY OF HENNEPIN) On this the day of , 1993, before me, a Notary Public, personally appeared and , known to me to be the persons whose names are subscribed to the within instrument and who executed the same for the purpose therein contained as their free and voluntary act. Notary Public 5 r. AMFomf No. 1519-W MI —sot. Well ol.tgo 8t2t~tV+wt9W uIH ..D.,t. t. F"s MINNESOTA WELL DISCLOSURE STATEMENT Minnesota Law requires that before signing an agreement to sell or transfer real property after June 30, 1990, the seller must disclose information in writing to the buyer about the status and location of all known wells on the property. This requirement is satisfied by delivering to the buyer either a statement by the seller that the seller does not know of any wells on the property, or a disclosure statement indicating the legal description and county and a map showing the location of each well. In the disclosure statement the seller must indicate, for each well, whether the well is in use, not in use or sealed. A seller who fails to disclose the existence of a well at the time of sale and knew of, or had reason to know of, the existence of a well is liable to the buyer for costs relating to the sealing of the well and reasonable attorney fees for collection of costs from the seller, if the action is commenced within am years after the date the buyer dosed the purchase of the real property where the well is located. Instructions for completion of this form are on the reverse side. 1. PROPERTY DESCRIPTION Street address' 5305 Bryant Avenue North Brooklyn Center Henn. cus C­ti 2. LEGAL DESCRIPTION The south 1/2 of the east 1/2 of that part lying east of east line of Colfax Avenue and the east 14 feet of the south 1/2 of the west 1/2 of that part lying east of the east line of Colfax Avenue, Lot 9, Block 4, Bellvue Acres. 3. WELL DISCLOSURE STATEMENT (Check the appropriate boa.) ® The seller certifies that the seller does not know of any wells on the above described real property. If this option is checked, then skip to the last line and sign and date this statement. ❑ The seller certifies that the following wells are located on the above described real property. MN. Unique Well Year of Well IN USE NOT IN SEALED Well No. Depth Const. Type USE Well 1 ❑ ❑ ❑ Wel12 ❑ ❑ ❑ Well 3 ❑ ❑ ❑ 4. SEALED WELL INFORMATION } For each well designated as sealed above, complete this section. When was the well sealed? Who sealed the well? Was a Sealed Well Report filed with the Minnesota Department of Health? Yes No b. MAP Complete the attached map showing the location of each well on the real property. 6. CERTIFICATION BY SELLER I certify that the information provided above is accurate and complete to the best of my knowledge. .. -.._ S.Or> D.Ue..yd R.p....nuw Dew l.Gr v Desig.0 d Rq..r.t.uw DeM L c 0 INSTRUCTIONS FOR COMPLETING THE WELL DISCLOSURE STATEMENT DEFINITION A "well" means an excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed if the excavation is intended for the location, diversion, artificial recharge, or acquisition of groundwater. MINNESOTA UNIQUE WELL NUMBER All new wells constructed AFTER January 1, 1975 should have been assigned a Minnesota unique well number by the person constructing the well. If the well was constructed after this date you should have the unique well number in your property records. If you are unable to locate your unique well number and the well was constructed AFTER January 1, 1975, contact your well contractor. If no unique well number is available, please indicate the depth and year of construction for each well WELL TYPE Use one of the following terms to describe the well type. WATER WELL A water well is any type of well used to extract groundwater for private or public use. Examples of water wells are: domestic wells, chive-point wells, dug wells, remedial wells, and municipal wells. IRRIGATION WELL An irrigation well is a well used to irrigate agricultural lands. These are typically large diameter wells connected to a large pressure distribution system MONITORING WELL A monitoring well is a well used to monitor groundwater contamination. The well is typically used to access groundwater for the extraction of samples. DEWATERING WELL A dewatering well is a well used to lower groundwater levels to allow for construction or use of underground spaces. INDUSTRIAIJCOMMERCIAL WELL An industrial/commercial well is a nonpotable well used to extract groundwater for any nonpotable use including groundwater thermal thermal exchange wells (heat pumps and heat loops). WELL USE STATUS Indicate the use status of each well CHECK ONLY 1 BOX PER WELL IN USE A well is "in use" if the well is producing sufficient water to meet its intended use and is being operated on a regular basis: NOT IN USE A well is "not in use" if the well is inoperable and not in use or the well is disconnected from a power supply and is not sealed. SEALED A well is "sealed "if the well has been sealed by a licensed contractor and there is a Sealed Well Report on the at the Minnesota Department of Health. A properly sealed well has been sealed by a licensed contractor by pumping grout throughout the entire borehole from the bottom of the well. NOTE: If a well is inoperable and not in use or disconnected from a power source, it must be sealed by a licensed well contractor or a well owner must obtain a maintenance permit from the Minnesota Department of Health and pay an annual maintenance fee. If a well is operable and properly maintained, a maintenance permit is not required. k MAP Please use the space below to sketch the real property being sold and the location of EACH well on the property. Include distances from fixed reference points such as streets and buildings. USE ADDITIONAL SPACE ON BACK IF NEEDED Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF PURCHASE AGREEMENT FOR THE ACQUISITION OF 5305 BRYANT AVENUE NORTH AND AUTHORIZING PAYMENT FOR ACQUISITION COSTS WHEREAS, on May 10, 1993, the Brooklyn Center Economic Development Authority approved Resolution 93 -15, Resolution Authorizing the Acquisition of Certain Real Property Within the City of Brooklyn Center and Establishing Offer of Just Compensation for Said Property Located at 5305 Bryant Avenue North in Brooklyn Center; and WHEREAS, Resolution 93 -15 established the fair market value of the real property located at 5305 Bryant Avenue North and authorized the Economic Development Authority staff to make a written offer of $42,000.00 to the owner of the real property at 5305 Bryant Avenue North for the acquisition of the property; and WHEREAS, the owner of the real property described in Resolution 93 -15 has accepted the Economic Development Authority's offer of just compensation and has agreed to execute a purchase agreement for the acquisition of the real property; and NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Economic Development Authority that: 1. The terms of the purchase agreement for acquisition of 5305 Bryant Avenue North in Brooklyn Center are hereby approved and the President and Executive Director of the Brooklyn Center Economic Development Authority are hereby authorized to execute the purchase agreement on behalf of the Brooklyn Center Economic Development Authority. 2. The Brooklyn Center Economic Development Authority hereby authorizes payment of $42,000.00 for the acquisition of 5305 Bryant Avenue North in Brooklyn Center to be paid to the owner on the day of closing for the property at 5305 Bryant Avenue North as per the terms of the purchase agreement. Date Todd Paulson, President EDA Resolution No. The motion for the adoption of the foregoing resolution was duly seconded by Commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date June 14, 11993 Agenda Item Number 15_�_ REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF BROOKLYN CENTER AND ESTABLISHING OFFER OF JUST COMPENSATION FOR SAID PROPERTY LOCATED AT 5500 EMERSON AVENUE NORTH IN BROOKLYN CENTER ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Tom Idublitz Community Development Specialist tY P P MANAGER'S REVIEW/RECOABIENDATION: No comments to supplement this report Comments below /attached • SU EM ARY EXPLANATION: (supplemental sheets attached ) The EDA is requested to approve a resolution which would authorize the making of an offer of just compensation to acquire the property at 5500 Emerson Avenue North in Brooklyn Center. The acquisition of the property was reviewed as a discussion item by the EDA at its March 22, 1993 meeting, the EDA approved i authorize staff t prepare a formal appraisal on g, e app ed a motion to o p p pp the property based on the initial inspection by the City's Building Official regarding the condition of the property. The EDA board has received a copy of the appraisal report on the single- family property located at 5500 Emerson Avenue North. Additionally, the City Assessor has completed a review appraisal of the property and has concurred with the conclusions of the initial appraisal which has established $59,000 as fair market value for the property. It should be noted that this property contains two buildable lots. Staff was initially contacted by the owner of the property in December of last year with a written request to consider acquisition of the property. An inspection of the property by the City Building Official resulted in a staff recommendation to consider the property for acquisition under the City's scattered site redevelopment program. • The acquisition is being approached as a voluntary sale by the owners; and, as such, the owners would be required to formally waive any consideration of relocation benefits. Funding for the project is recommended to be from Economic Development Authority funds budgeted for scattered site acquisition. Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF BROOKLYN CENTER AND ESTABLISHING OFFER OF JUST COMPENSATION FOR SAID PROPERTY LOCATED AT 5500 EMERSON AVENUE NORTH IN BROOKLYN CENTER WHEREAS, the Brooklyn Center Economic Development Authority has received the following items relative to the appraisal of the real property located at 550 0 Emerson Avenue North: a. Appraisal report dated April 10, 1 993; and b. Review appraisal dated May 10, 1993. WHEREAS, the Economic Development Authority in and for the City of Brooklyn Center (EDA) is authorized, pursuant to Minnesota Statutes Section 469.012, Subd. 7, within its area of operation, and without the adoption of an urban renewal plan, to acquire real property and to demolish or remove the buildings and improvements thereon; and WHEREAS, the owner of the property located at 5500 Emerson Avenue North in the City of Brooklyn Center, legally described as Lots 7 and 8, Block 2, Littell Addition (the property) , has requested that the EDA consider the purchase of the property; and WHEREAS, the building located on the property is substandard and obsolescent and that such condition and obsolescence is detrimental to the public health, safety and welfare of the community; and WHEREAS, the EDA has received an appraisal and a review appraisal which establishes that the market value for the property is $59,000. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center as follows: 1. The EDA hereby finds and determines that the property is substandard and obsolete within the meaning of Minnesota Statutes Section 469.012. 2. The appraisal documents described in paragraph 1 of this resolution are hereby accepted and the fair market value of $59,000, established by the appraisal documents, is hereby accepted and established as just compensation for the real EDA Resolution No. property located at 5500 Emerson Avenue North. 3. The Executive Director is authorized to make a written offer of $59,000 to the owner of the real property at 5500 Emerson Avenue North for the acquisition of the property and to take such further action as may be necessary to acquire the property. Date Todd Paulson, President The motion for the adoption of the foregoing resolution was duly seconded by Commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date June 14, 1993 Agenda It= Number Sgl REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING ONE (1) BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY GRANT (FILE NO. H -113 [80391) DEPT. APPROVAL: ' y i Tom Bublitz, Community Development Specialist MANAGER'S REVIEW/RECOAMENDATION: No comments to supplement this report Comments below /attached SU EVIARY EXPLANATION: (supplemental sheets attached Yes I have received one (1) application for rehabilitation grant (File No. H -113 [8039]). Attached is the application and recommendations for work to be performed on the home. I recommend approval by the EDA. The information is private and not available to the general public. This home /this applicant has not received a previous grant under the program . It should be noted that the applicant's income as specified on the application is over the program income limits for a one person household. However, the applicant does make child care payments which would bring his income below the program limits. Child care payments are a legitimate deduction for calculation of program income for the program. Additionally, as in all applications for funds under the program, applicants must continue to remain eligible for the program even after EDA board approval of their project. If applicants do not continue to meet eligibility requirements, a contract for the rehabilitation work cannot be executed. _ Please note that the Housing Commission has begun its review of the items assigned by the EDA board, including the issue of second grants, values of properties improved under the grant program, and the priority ranking of types of improvements done under the program. The Housing Commission met in April to begin its review of these issues. It met again in May, but there was no quorum present at the May meeting. The Housing Commission will again address these issues at their June meeting. RECOMMENDATION Motion to adopt Resolution Approving One (1) Brooklyn Center Economic Development Authority Grant (File No. H -113 [80391). S& Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION APPROVING ONE (1) BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY GRANT (FILE NO. H -113 [80391) WHEREAS, the Brooklyn Center Economic Development Authority stablished a Home Rehabilitation Grant Program to Y g assist low and moderate income individuals in the maintenance and repair of their homes; and WHEREAS, the Brooklyn Center Economic Development Authority has received one (1) application (File No. H -113 [8039]) from eligible individuals to receive grant assistance; and WHEREAS, an inspection by the City of Brooklyn Center has determined that the work is necessary and appropriate under the Brooklyn Center Economic Development Authority Grant Program; and t WHEREAS, the estimated cost of the proposed grant application is estimated at $10,000. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Economic Development Authority that: 1. The Brooklyn Center Economic Development Authority does approve the one (1) housing rehabilitation grant application (File No. H -113 [8039]) as recommended by the staff. 2. That the work be performed as recommended in the request for council consideration form dated June 14, 1993, and that the applicants be directed to obtain the necessary bids for staff review and approval. 3. The project shall not exceed the grant limit of $10,000 per house. Date Todd Paulson, President The motion for the adoption of the foregoing resolution was duly seconded by Commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i UHC /888 .r) URBAN HENNEPIN COUNTY MAY 2 7 �� HOUSING REHABILITATION DEFERRED LOAN PROGRAM HOMEOWNER APPLICATION FOR GRANT 1,;3CTIZ0 N.R.A. HOUS EHOLD INFORMATION -- Please Print Name e C o1' First Name of Spouse Address 560_ 8319 ,-- Je. Home Phone City Zip Code 15, Work Phone b�- City of residence if other than mailing address Marital Status (check one) married, single, divorced, separated, widowed Race (check, one) White, Black, American Indian /Native Alaskan, Hispanic, Asian or Pacific Islander The information concerning Minority Group Categories is requested for statistical purposed only so that Hennepin County may determine the degree to which its programs are utilized by Minority households. INCOME INFORMATION "Income" means any income received from any source by a Resident. List all the people in occupying your house for at least nine months of the year (including yourself). Include ages and incomes. Include any income derived from rent. Total number of .residents in the household How many renters? OFFICE USE ONLY income of # in household names of ages of residents residents residents per month source of income verified incomes $ $ $ S $ Total Income $ ..l_� Per month per year $ J1nl .3_ income per month RETURN APPLICATION TO ! $ Zn 5 0 p Ma.. Jim Dupne (291 -6573) income per year Memo HRA Meaa6 Pakk Centre 230 Eabt 5th Stnee•t St. Paut, MN 55101 r ASSET INFORMATION MAY 2 7 19'12 List the cash value of assets held by all residents of your household. '1 �Ro H.P.A. If money is owed on any item, the value listed should equal the market value of the item minus the amount that is owed. OFFICE USE ONLY verified assets 1. CASH on hand.......... ........................$ ` $ ?.QUO 2. CASH in checking accounts ...........................$ 5 7 1 - 9 3. 3 3 . CASH in saving accounts ( including those held....... $ in trust) 4. Cash value of Securities or U.S. Savings bonds ...... $ $ 5. Redemption value of life insurance policies ......... $ �/ $ 6. Current Market Value of real estate, NOT INCLUDING the property to be improved and up to 2 surrounding acres. Include 100% of the outstanding balance owed to you on property sold on Contract for Deed ... $ $ 7. Other personal property (excluding household furnishings, clothing and one personal vehicle) ..... $ � $ p TOTAL ASSETS ............................................. $ / 3. ?63.63 $ 1 1 0 .Ili, PROPERTY INFORMATION Provide the following information about the property to be improved with this deferred loan. 1. Is your property: — * a single family house; a duplex 2. How many years have you lived in the house? � �>1 3. What is the approximate age of the house ? /UU Yr5 4. Do you have any outstanding mortgage(s) on the house? Yes —Z If yes, with whom? (use additional sheet if necessary) Amount $ 5. Do you have any outstanding Contract(s) for Deed on the house? � Yes No If yes, with whom? 55e�I L S e)+ (use additional sheet if necessary) Amount $ l/� p p p 6. Have you received a Housing Rehabilitation Grant or Loan 'before? Yes No If yes, from whom? Amount $ Amount $ 2 a 4 F PLEASE READ CAREFULLY MM 2 7 1 3 J IE- TRQ H.R.A. Urban Hennepin County or an authorized representative shall have the right to inspect the property to be improved at any time from the date of the Deferred Loan upon given due notice to the occupant(s). Any person who makes a false statement or misrepresentation in connection with the application for or use of Urban Hennepin County Deferred Loan funds shall be subject to a fine or imprisonment, or both, under the provisions of the Minnesota Criminal Code, and /or may be required to return all or part of the Deferred Loan Funds to Urban Hennepin County. I, the undersigned, certify subject to penalty under law that the above information is true and correct to the best of my knowledge and belief, and that the provisions stated are accept ad and agreed to. O' 1 5 - applicant signature date of ap ati on Note: All names and financial 1 information provided on this application are considered sidered private data on individuals and are subject to privacy of information provisions, pursuant to State Statute. 3 URBAN HENNEPIN COUNTY HOUSING REHABILITATION GRANT PROGRAM PROPERTY INSPECTION REQUEST TO COUNCIL: .Tune 14. 1993 H -113 (8039.1 APPLICANT INSPECTION Name Alex Scott Staff Tom Bublitz and Laurie House Address 5400 Bryant Avenue North Brooklyn Center, MN 55430 Date February 19, 1993 Phone 522 -2162 work Time 2:45 P.M. 560 -4318 home Inspector David Fisher Building Age: 70 years Garage: Detached TABLE OF CONTENTS ART PA( HANDRAIL - GUARDRAIL: ❑ , Where required, Height of, Baluster Spacing and $ Installation, Specification for 2 ❑x INTERIOR - EXTERIOR STAIRS $ 1 Repair or Replacement of, Rise and Run and Installation, Specification for 3 FOUNDATION: $ 2 Repair of —Tuck Pointing Insulation Installation.and Specification for 14 4 ❑ CRAWL SPACE: $ 2 Insulation on of and Vapor Barrier, Installation for 5 ® BASEMENT FLOOR $ 2 Repair of 6 ❑ POST AND BEAM: $ 3 Repair of, Replace 7 ❑ ACCESSIBILITY IMPROVEMENT $ 3 For Barrier Free and Handicapped Persons ❑ ELECTRICAL $ 3 Upgrade Service, Unprotected Conductor Dryer, Hanging Receptacle, Furnace and Kitchen Circuits Wall Receptacle, Ground Fault 4 9 ❑ ELECTRICAL MAST: $ 4 Relocation of 10 ( MECH ANICAL: $ 4 Enclosed Space Ventilation, Replace Furnace Thermostat, Chimney, Registers, Ductwork 11 PLUMBING: $ 5 Water Heater Replacement, Cold Water Shut -off, Gas Valve T.P.R. Valve, Vent Connector, Dryer Gas Valve, Dryer 6 .Ventilation, Open Gas Device,Well Abandonment, Plugged Sewer, Water Softener, Kitchen Sink Vent, Trap, Water Supply, Lavatory Vent, Trap, Water Supply, Water Closet and Sealing Gasket, Bathtub Vent, Trap, Wall Enclosure, Laundry Tub Vent, Trap, Floor Drain Plumbing Fixture Material and Performance Specifications 7 for, Drain Tile, Main Water Line Septic System, City Sewer g -1- t TABLE OF CONTENTS PART PA 12 CEILINGS $ Repair of 13 ® WALLS: Repair of 13 Ceiling and Wall Performance and Material Specifications for 9- 14 ® FINI FLOORS: $ 10. Rep acT ement of, Performance and Material Specifications for 15 X[ EXTERIOR DOORS: $ Repair - Refinish of, Weather Sealing, and Replacement of, Performance Specification for 16 EXTERIOR STORM DOORS: $ Repair - Rep acement of, Material Specification for 1 ® INTERIOR DOORS $ Repair - Replacement of, Performance and Material Specifications for 18 [ EXTERIOR STORM BIND SCREEN WINDOWS: $ 1 Repair - Replacement of, Material Specification for 19 HOUSE WINDOWS $ 10-1 Repair - Refinish of, Weather Sealing of, Replacement of,. Material and Performance Specification for 20X INSULATION: $ 14 -1 Attic Foundation, Rim Joist Installation, Material and Performance Specification for, Code Requirement 21 ® VENTILATION: $ 1 Pro of Attic, Kitchen, Bathroom, Repair of, Material and Performance Specification for 22 ( EXTERIOR SIDING: $ 1 Insta lat - l" Repair or Replacement of, Soffit and Facia, Window, Door and Cornice Trim, Material and Performance Specification for 2 3 - EXTERIOR PAINTING: $ 1 M ateria - 1 ancTPerformance Specification for 24 E3 GUTTERS AND DOWNSPOUTS: $ 1 Provision for an eplacement of, Material and Performance Specification for 25 ROOFING: $ l Repair Replacement - Removal of, Material and Performance Specification for -2- } TABLE OF CONTENTS PART PAGE *26 CHIMNEY Repair - Reline Replacement of $ 5_19 2 7 [] KITCHEN & BATHROOM CABINETS $ 19 28 ( SMOKE DETECTORS Installation of $ 20 29 GRADING Material and Placement Specification for, Seeding and $ 20 Sodding of 30 1E EXTERIOR CONCRETE WORK Replacement - -Repair of, Sidewalks, Garage Apron, Etc. $ 20 31 MISCELLANEOUS: $ 20 TOTAL $ 0 Contractor Name: Address: - Cit Y State Phone: Home Work Homeowner Name: Alex Scott Address: 5400 Bryant Avenue North Phone: 522 -2162 (w) and 560 -4318 (h) H# 113 (8039) Contractor Signature Date 0 -3- 1. INSTALL HANDRAIL: ❑ Basement Stair ❑ Front Stair ❑ Rear Stair ❑ Upper Level Stair One handrail shall be installed on stairways 44 or less in width, except that stairways open on one or both sides shall have handrails provided on the open side or sides. Handrails shall not be less than 30 nor more than 34" in height ei ht g above stair tread. Unenclosed floor, open landings and ramps at a height of over tt 0 from floor 3 or ra e g d shall have a guardrail. Guardrail shall not be less than 36 in height and shall have intermediate rails or an ornamental pattern such that a. sphere 6 in diameter cannot pass through. Materials and finish shall be specified in the Scope of Improvements and installation shall be in compliance with the State Building Codes. ❑ Addition: 2. INTERIOR _ EXTERIOR STAIRS ❑ Repair ❑ Basement [] Second Storey [] Front ❑ Rear Entrance Stairs ❑X Replace ❑ Basement ❑ Second Storey Q Front ❑ Rear Entrance Stairs Stair riser to be a minimum of 4 to a maximum of 7 " high. Stair tread to be a minimum of 11" wide. Wood stair stringer shall be of 2 x 10 nominal stock. Exterior stairs can be of treated stock or concrete having footings 42" minimum below grade. ❑ Addition: -1- 3• REPAIR FOUNDATION: All joints shall be completely filled with mortar. Tuck pointing shall be done only after the joints have been raked out to a minimum depth of 112" and wetted. Addition: Fill in all cracks. 4. CRAWL SPACE: [] Either insulate perimeter foundation wall to R -11 or floor to a minimum of R -19. A 6 mil. polyethylene plastic vapor barrier shall be installed over dirt area and be weighted by sand, rocks or other non -wood materials. []Addition: 5. BASEMENT FLOOR: [ Patch holes and large cracks. © Addition: Repair floor in basement. -2- 6. POST AND BEAM ❑ Repair or replace as marked. ❑ Addition: 7. ACCESSIBILITY IMPROVEMENTS ❑ Refer to Minnesota State Building Code Chapter 55 for accessibility architecture specifications. The type and scope of accessibility improvements shall be at the discretion of the Grant Administrator. ❑ Addition: 8. ELECTRICAL: , ❑ Install new U.L. certified 100 amp service panel and circuit breakers. ❑ Relocate unprotected plastic coated conductors to center of wood joist or in metal protective tubing located in ❑ Provide grounded receptacle for: ❑ Washer & Dryer on a separate 20 amp circuit. ❑ Water Softner. ❑ Other ❑ Replace hanging light or receptacle with porcelain fixture mounted on an approved box and properly grounded. ❑ Provide separate 15 amp circuit to furnace. ❑ Provide separate 20 amp circuit to kitchen countertop work area receptacles. -3- ELECTRICAL CONTINUED ❑ Add wall receptacle in kitchen; ❑ in dining room; ❑ bedroom ❑ bedroom ❑ bedroom ❑ bedroom ❑ living room ❑ bathroom ❑ with ❑ without ground fault. ❑ laundry room ❑ Addition: 9. ELECTRICAL MAST; ❑ Relocate ❑ Other ❑ Addition: ALL ELECTRICAL WORK SHALL BE IN COMPLIANCE TO THE NATIONAL ELECTRICAL CODE. 10. MECHANICAL: ❑ Provide ventilation of enclosed furnace space. ❑ Provide heat :loss calculation of dwelling and install new heating manufacturer's instructions capable to meet the heat loss. The minimum AFUE shall be listed at 80% and shall include damper efficiency. New appliance shall be AGA or UL listed and orsat tested. -4- ❑ Replace gas valve with approved lever handle gas valve or ball valve ❑ Replace vent connector from furnace to chimney with 26 au e alv. g g g sheet metal vent materials. Provide combustion air ❑ Provide set back thermostat. ❑ Reline existing Class B Chimney to expel water heater or other gas appliance combustion gases if new heating appliance is vented through the side wall. ❑ Remove ❑ Reline existing Class B Asbestos Chimney. ❑ Add warm air register in ❑ Add return air register in ❑ Add Duct work ® Addition: 1. Provide vent within 12" of floor. 2. Replace top pressure relief valve. ALL MECHANICAL WORK SHALL BE IN COMPLIANCE WITH STATE MECHANICAL CODES. 11. PLUMING ❑ Install new gallon energy miser water heater having AGA or UL listing complete with necessary gas piping tested for leaks, new lever handle gas valve or ball valve, new vent connector sealed and secured at all joints, new temperature pressure relief valve with 3 /4 overflow tube extending to 6 above finished floor. Water heater shall be warranted for five years. ❑ Install cold water shut off valve on existing water heater. ❑ Install approved gas valve on existing water heater. -5- PLUMBING continued ❑ Install temp., pressure, relief valve on existing water heater. ❑ Install new vent connector on existing water heater. ❑ Install new approved gas valve on gas dryer. ❑ vent gas dryer to outside air. Plug or cap open gas valve or fitting located at or near By water meter. Check Disconnect existing well water and reconnect water service to City water with meter and reconnect electrical ground to City side of water meter. Well to be properly abandoned, inspected and approved by the State Health Department or City Sanitarian. Rout out main house sewer and clear stoppage. ❑ Repair or replace inoperable water softener. ❑ Install new kitchen sink vented to outside air. ❑ Install new kitchen sink water supply tubes and valves. ❑ Install new kitchen sink trap. ❑ Install new lavatory sink vented to outside air. ❑ Install new bathroom lavatory water supply tubes and valves. ❑ Install new bathroom lavatory trap. [ Install new bathroom water closet complete with seat and shut off valve. E] Install new water closet setting seal gasket. ❑ Install new bathtub vented to outside air. ❑ Install new bathtub waste trap. ❑ Install new bathtub wall enclosure and shower curtain rod. ❑ Install new laundry tub vented to outside air. ❑ Install new laundry tub waste trap. ❑ Floor Drain ❑ Inoperable ❑ Install Other Provide back flow preventers on all outside spigots. -6- PLUMBING continued New kitchen sink shall be 33" x 22" self - rimming, unless otherwise specified in the Scope of Improvements. Sink shall be stainless steel or cast iron and faucets shall be either single lever or two handle. a. Garbage disposal is only an acceptable work item in these two circumstances. ❑ 1. reinstallation of existing disposal when installing a new sink. ❑ 2. removing and disposal. ❑ New bathtub shall be cast iron, fiberglas or steel. Faucets shall either be single lever or two handle. Color selection shall be limited white unless specified to match existing color. Installation of a fiberglas tub insert is at the discretion of the Grant Administrator. New lavatory shall be wall -hung or with vanity. Trap shall be .17 gauge. Color selection shall be limited to white unless specified to match existing color. Refer to Carpentry section for dabinet specification. ❑ New water closet shall be viterous china with close coupled tank, include seat and anti- siphon ballcock. Color selection shall be limited to white unless specified to match existing color. New laundry tub shall be fiberglas and securely attached to wall or free standing. Faucet shall be stainless steel or brass type and nonthreaded or with a vacuum breaker. Provide basement interior perimeter wall drain tile system and floor sump pump. Sump pump shall discharge to an exterior french drain or City storm sewer. French drain shall be located a minimum of ft. from foundation wall and be filled with a minimum of cubic feet of 3/4 stone. Stone shall be topped with sod or reseeded to match existing landscape. ❑ Addition: (] Provide Municipal Water - House connection to municipal water line shall entail a bid specifying municipal tap -in fee, total length and cost per foot, location and permit. Connect to house supply lines, patch any unnecessary holes incurred where water line enters house, repair any necessary street damage, back fill and mound to allow settlement to previous ground level. Seeding or sodding the ground to match existing or blend in with the adjoining and surrounding work shall be at the discretion of the Grant Administrator. ❑ Addition: -7- PLUMBING continued ❑ Provide Septic Sewage System - System shall be specified in the bid and include drawing. Installation shall include testing and permit costs. Connect to house drainage lines, provide reasonable protection to lawn, driveways, etc., back fill and mound to allow settlement to previous ground level. Seeding or sodding the ground to match existing or blend in with the adjoining and surrounding work shall be at the discretion of the Grant Administrator. ❑ Addition: ❑ Provide Municipal Sewer - House connection to municipal sewer line shall entail a bid specifying municipal tap -in fee, total length of line and cost per foot, location and permit. Connect to house drainage lines, patch any unnecessary holes incurred where line enters house, repair any necessary street damage, fill existing septic tank(s) with dirt and back fill and mound to allow settlement to previous ground level. Seeding or sodding the ground t3 match existing or blend in with the adjoining and surrounding work. ❑ Addition: ALL PLUMBING WORK SHALL BE IN COMPLIANCE WITH THE STATE PLUMBING CODE 12. CEILINGS (See General Specification) 6 ceiling height in upper level. [ Repair Ceiling in ❑ Kitchen ❑ Dining room ❑ Livingroom ❑ Bathroom ❑ Bedroom whole upper X level (bo th) Bedroom ❑ Bedroom ❑ Bedroom ❑ Basement ❑ Basement ❑ Closet cif On whole upper level. 13. WALLS (See General Specification) Repair Wall in ❑ Kitchen [] Dining room ❑] Livingroom ® Bathroom [] Bedroom ❑ Bedroom ® Bedroom ® Study Bedroom ❑ Basement ❑ Closet of -8- WALLS continued X Wall and Ceiling Repair General Specification: 1. Wherever existing walls or ceilings are to be repaired, the damaged and loose material shall be completely removed an w v d d new material P Y m 1 shall be sized and installed to match and blend in with the adjoining and surrounding work. All repairs shall be properly prepared to receive the finish application.. 2. Plastering - New plastering work shall be installed in compliance with the State Building Codes. 3• Wall Board - shall be installed in compliance with the State Building codes. 4. Perforated Tape Mix - shall comply with the recommendations of the manufacturer. A minimum temperature of 55 degrees Fahrenheit shall be maintained in the room where work is done until the cement is completely dry. 5. Perforated Tape Application - Follow manufacturer's directions. a. Over Joints the tape shall be embedded in cement and covered with a thin layer of cement. A second and third coat shall be applied. Each coat shall be dry before applying the next coat. Each coat shall be featheredged and extended beyond the previous coat (approximately 2 The finish coat shall be sanded lightly and any imperfections filled in prior to an painting and decorati Y P b. Check to see that all nails have been driven so that their heads are below the surface of the board leaving a dimple in the surface without breaking the paper. Cover the nails dimple with three applications of cement allowing time to dry between each coat. The final coat shall be sanded lightly before application of paint or other decoration. c. Inside corners shall be reinforced with tape embedded in cement finished as specified "Over Joints ". d. Outside corners shall be protected by wood moulding, metal moulding or metal corner reinforcement. Metal corner reinforcement shall be finished with two coats of cement as specified. 6. Waterproof gypsum board shall be used in areas specified in the State Building Code. Install water resistant wall board base in the bath and shower enclosure, and apply wall board with to edge horizontally over the to allowing b llo i �� � g Y � � 1/4 space between the board and tub. 7. Adhesive is an acceptable bonding material. Adhesive shall be specified according to usage and location and applied in strict compliance with the manufacturer's specifications. -9- I WALLS continued I 8. Pa 1f nelin installation shall be /16 refinish an _� 3 p ed paneling of a medium quality installed as per manufacturer's recommendations. Owner shall have choice of paneling color and style. 9. Furring strips - New ceiling shall be installed over 1" x 3" furring strips, 12" on center. When ceiling butts to wood or paneled walls, 3/4" to 1 112" cove moulding shall be installed along edge. New walls shall be installed over 1 x 2 furring strips, 16" on center. Any existing baseboard, window or door trim shall be removed and reinstalled or replaced with new trim over new wall material, unless otherwise specified in the Scope of Improvements. New work shall be level and plumb with adjoining and surrounding work. Addition: Remove lead paint. 14. FINISH FLOORING Replace Floor Covering in Kitchen Diningroom Livingroom Bathroom both upper Bedroom s Bedroom I . Bedroom Bedroom Basement Closet of I 1. Existing wood flooring shall be repaired to match existing or blend in with the adjoining and surrounding work. 2. Resilient flooring shall be sheet vinyl or vinyl asbestos the minimum thickness 1/16 ". Tile shall be medium quality and laid inexact accordance with the manufacturer's specifications. Owner to select color and pattern from readily available selection. 3. Carpet shall be 'a color and pattern from readily available selection of medium quality and priced carpet. 4. A finished wood, vinyl or metal moulding along edge of flooring shall be installed as part of the finish flooring installation. -10- FLOORING continued 5. Plywood used as subfloor shall be a minimum of 112" thick, nailed to joist spaced 16" on center along intermediate members, installed with outer plies at right angles to the joists and staggered so the end joists in adjacent panels bear on different joists. 6. Underlayment shall be 1/4 structural grade plywood, particle board or untempered hard board placed with smooth side up. ❑ Addition: 15. EXTERIOR DOORS Repair and Refinish: ❑ Front Door ❑ Rear Door ❑ Side Door ❑ Garage Door ❑ Weather Seal: ❑ Front Door ❑ Rear Door ❑ Front Storm Door ❑ Rear Storm Door EX] Replace: EX Front Door Q Rear Door ❑ Garage Door All exterior doors shall be solid core wood or insulated steel and complete with hardware, strike plat and lock set. Installed doors shall be prehung or sized to fit frame complete with - stops, weatherstripping and jambs. After trimming and fitting of door, all edges shall be finished to match existing or blend in with the adjoining and surrounding work. A door bumper and threshold are included on all exterior doors. 16. EXTERIOR STORM DOOR ❑ Repair: ❑ Front Storm Door ❑ Side Storm Door ❑X Replace: ® Front Storm Door ❑ Side Storm Door Storm doors shall be solid core aluminum or wood with storm and screen inserts and complete with hardware.and strike plate. Installed doors shall be sized to fit frame. All edges of wood storm shall be finished to match existing or blend in with the adjoining and surrounding work. -11- 17. INTERIOR DOORS ❑ Repair Door to: ❑ Basement ❑ Bathroom ❑ Bedroom ❑ Bedroom ❑ Bedroom ❑ Bedroom ❑ Closet in Replace Door To: ® Basement ❑ Bathroom 2 doors upper Bedroom ❑ Bedroom ❑l Bedroom ❑ Bedroom ❑] Closet in Interior doors shall be hollow core or panel and complete with hardware and strike plate. Installed doors shall be prehung or sized to fit frame complete with stops and jambs. After trimming and fitting of door, all edges shall be finished to match existing or blend in with the adjoining and surrounding work. A door bumper is included on all interior doors. Bathroom door shall be provided with "privacy" lock set. ❑ Addition: -12- 18. EXTERIOR STORM AND SCREEN WINDOWS ❑ Repair ® Replace [!' Basement ❑ Kitchen ❑ Diningroom ❑ Livingroom 2 g ❑ Bathroom � upp er level Bedroom ❑ Bedroom ❑ Bedroom ❑ Bedroom XX Basement (4) Storm windows shall be aluminum combinations of medium quality, unless otherwise specified in the Scope of Improvements. 19. HOUSE WINDOWS Q Repair and Refinish Windows in: ❑ Basement ❑ Kitchen ❑ Diningroom ❑ Livingroom ❑ Bathroom ❑ Bedroom ❑ Bedroom ❑ Bedroom ❑ Bedroom Repair of windows or replacements of frames, sills, sash, trim and hardware shall match existing work in wood, design, dimensions and finish, unless otherwise specified in the Scope of Improvements. Where sash counter balances are to be removed, the area must be insulated properly. Friction guides are acceptable as substitutes. Cotton cord replacement is acceptable. A positive locking device shall be installed on all windows. All broken glass shall be replaced with new glass, matching existing in size and design and properly reglazed. All excess material shall be removed and all glass left clean. Weather Seal Windows in: ❑ Kitchen ❑ Diningroom 11 Livingroom ❑ Bathroom ❑ Bedroom Bedroom Bedroom ❑ Bedroom ❑ Basement Caulk and weatherstrip around all primary door and window frames, window panes or other locations that lead t a o n unheated space or which calls for a seal -and watertight job. Materials shall be of standard brands and application shall be in exact accordance with the manufacturer's specifications. -13- Replace Window in: Q Kitchen Q Diningroom Livin room g Q Bathroom 2 " ❑ Bedroom upper level Bedroom ❑ Bedroom Q Bedroom [X Basement (4) Openings of new window units shall be framed to provide a rigid enclosure for the installation of windows. Frames shall be set plumb, level and square within clearance limits. New windows shall match the adjacent windows in design, glass, material and finish, unless otherwise specified in the Scope of Improvements. Installed windows shall be weatherstripped, left clean, tight and weatherproof. A positive locking device shall be installed on all windows. Q Installed below grade bedroom window used as an excape exit shall have a opening size of not less than 5.7 sq. ft. with a minimum of 24 depth and 20" Width. The interior sill height shall not be more than 48" from floor. Exterior of window shall be cleared for exit and when an areawell is installed it shall be of treated wood or galvanized metal. When a bedroom window unit is replaced, the new unit shall be sized to meet the requirements of the State Building Codes. Q Addition: e ' 20. INSULATION FXX Insulate attic space to meet a minimum R -38 rating and have a vapor barrier, where accessible. Air chutes shall be installed where there is soffit venting. Provide protection around all recessed lights, junction boxes and chimney. Access opening shall be sized a minimum of 22" x 30 ", framed and insulated. ® Insulate exterior walls to a minimum of R -11. Drill holes and blow in insulation between wall studs approximately every 16 on center and below each fire stop. Holes shall be patched to match existing or blend with adjoining and surrounding work. a Insulate exterior foundation with rigid insulation of R -11 to above grade and extend insulation 2' below grade and cover insulation with a non - combustible material. Foundation insulation shall be at the discretion of the Grant Administrator. -14- INSULATION continued Insulate accessible area rim joist to a minimum of R -19 with vapor barrier facing warm side. [:]Addition: 21. VENTILATION © Provide attic ventilation per Uniform Building Code as follows: Ventilation - where determined necessary by the building official due to atmospheric or climatic conditions, enclosed attics and enclosed rafter spaces formed where ceilings are applied direct to the underside of roof rafters shall have cross ventilation for each separate space by ventilating openings protected against the entrance of rain and snow. The net free ventilating area shall be not less than 1/150 of the area of the space ventilated, except that the area may be 1/300, provided at least 50% of the required ventilating area is provided by ventilators located in the upper portion of the space to be ventilated at least three feet above eave or cornice vents with the balance of the required ventilation provided by eave or cornice vents. The openings shall be covered with corrosion - resistant metal mesh with mesh openings of 1/4" in dimension. 0 Provide kitchen ventilation - Exhaust Fan - kitchen without means of natural or below minimum requirements of ventilation shall be equipped with a mechanical exhaust fan. Installation shall include mounting fan on ceiling, venting through the roof or exterior wall with cap, insulating vent in unheated space and wiring on a separate wall switch. 0 Repair kitchen ventilation. [] Provide bathroom ventilation - Exhaust Fan - Bathroom without means of natural or below minimum requirements of ventilation shall be equipped with a mechanical exhaust fan. Installation shall include mouting fan on ceiling, venting through the roof or exterior wall with cap, insulating vent in unheated space and wiring on a separate wall switch. Repair bathroom ventilation. Addition: -15- 22. EXTERIOR SIDING Repair or replace all rotten boards and nail down all loose boards or 0 shingles prior to receiving new siding. Side walls shall be furred out if necessary to make walls level, plumb and free from waves, buckles and sags. Installation shall be in strict compliance with the manufacturer's specifications. . n Existing brick work shall be repaired to match existing or blend in with the adjoining and surrounding work. n Reside exterior with .024 gauge, nominal thickness, insulated type aluminum of medium quality or equal. Color selection by owner. Installation shall include window J channel, door channel, inside and outside corners, starter strip, finish mould and caulking. Backing shall be installed under siding and be of proper thickness. All nails and rivets shall be properly secured. Staples shall not be used for installation. QX Cover all window, door trim and sills with baked enamel aluminum, minimum .019 gauge. Color selection by owner. Lap - Siding shall be minimum 7/16" thick x 16 long, smooth, pre - primed masonite panels. Siding shall be installed with corrosion resistant nails and all ends shall be attached together with H- moulding and sealed with exterior caulking. Lap siding shall extend to 6 above finish grade. Novelty Cover indicated sections of structure with new wood novelty siding, or other specified material. All joints shall be tight and adjacent end joints shall be staggered. Siding shall be installed over vapor barrier, blend and conform with existing structure. ur All 11 horizontall applied siding sh all be � d Y PP staggered with minimum of two stud spaces. [a Cover soffit and fascia with .019 gauge baked enamel aluminum using solid or perforated soffit material. Color selection by owner. Soffit panels shall be secured in channels to eliminate looseness and rattling. Materials shall be lapped for ro er drainage and applied in fu sections. Caulk P P 11 ec ons. lk 'oints. Stap les les sha g � p 11 not be used for installation. Addition: I -16- 23. PAINTING Repaint exterior siding, ornice window an g, , d door trim including doors and windows as follows: Wood surfaces to be painted shall be cleaned by best means possible to remove loose and scaley paint and rough spots any any obvious oil and /or grease that may be covering existing wood or paint. Where previous coats have chipped and peeled, the edge shall be feathered to the maximum extent feasible and spot primed with a high quality oil base paint before finish coats are applied. No paint shall be applied until all nail holes have been filled and sanded and all defects in wood work have been eliminated. Paint shall be medium grade and applied according to the manufacturer's specifications and applied to secure full coverage. Use primer where required. Owner to select color from readily available selection. Spray application is not acceptable, unless authorized by the Grant Administrator. 24. GUTTERS AND DOWN SPOUTS gX Provide gutters and down spouts as follows: a) New utters shall " w' be minimum 5 wide .0 2 gauge alumin um g 3 g g with hangers placed under roofing. b) New downspouts shall be minimum 2 x 3 " rectangular .020 gauge aluminum. C) Finish of gutters and downspouts shall be a baked on enamel finish. Owner to select color from readily available selection. d) Gutters shall be installed with slight pitch to the downspout. Gutters shall be securely mounted to the roof, 36 or less on center. Downspouts to be installed at one end of gutters and extend 2' at the bottom with extension. Extension or splash block shall be installed when the gutter and downspout system does not directly connect into a drainage system. ❑ Addition: -17- 25. ROOFING [3 Provide new roof per City of Brooklyn Center Handout and as follows: New roofing shall be in compliance with the State Building Codes and Manufacturer's installation instructions. Flashing, plumbing jacks and roof vents shall be checked and replaced with new when damaged, rusted or missing. Drip edge shall be installed along eave edge. All damaged or rotted sheathing boards shall be replaced with new. End joints shall be made over a rafter and all sagging portions of roof shall be corrected. Materials - New roofing shall carry the Class C label of wind resistance ce from the Underwriter's Laboratories and be applied according to the manufacturer's specifications. The type and weight of the materials used for the roofing shall be in compliance with the State Building Codes. Application - Surfaces to which roofing is to be applied shall be even, sound, thoroughly clean, dry and free from all defects that might affect the quality of application. a) Asphalt Shingles - No more than one overlay of asphalt shingles shall ll be applied over er an existing x sting asphalt shingle roof. f. Shin les g shall be fastened with not less than four nails or staples per shingle. Installed shingles shall be 235# - 240# 3 -tab self sealing. Roll roofing shall be installed when the slope is 4 or less. Owner to select color of shingles from readily available selection. b) Built -up - Existing roofing material shall be removed down to bare wood. New roofing shall be 4 -ply built -up tar and slag gravel r g g oof, including ll new flashing lashing of either metal or asphalt mineral roll material. Roof shall be installed in such a way that there is no ponding water. c) Wood Shingles and Shakes - Repair of existing roof shall match existing or blend in with the adjoining and surrounding work and include a contractor warranty for the repair work. d) Fiberglas - is an acceptable roofing material. Tear off existing roof and remove from site. Addition: Dwelling only. -18- 26. CHIMNEY ❑ Repair or replace missing brick. Tuck pointing shall be done only after the joints have been raked out to a minimum depth of 1/2t and wetted. ® Provide masonry chimney cap. ❑ Addition: 27. KITCHEN AND BATHROOM CABINETS ❑ Repair damaged kitchen cabinets. ❑ Repair damaged bathroom lavatory cabinet. Replace or add kitchen cabinets: New cabinets shall be described in complete detail, including design, dimension, installation and location of top or base units, detail of drawers, doors and shelves, type of material and finish in the Scope of Improvements. The contractor shall submit a drawing of the proposed cabinets. ❑ Replace bathroom lavatory cabinet: Vanity - lavatory base cabinet shall be medium quality. Top shall be approximately 22 wide with 311 back splash and covered with formica preformed or self edge top. Imitation moulded marble tops can be used as a substitute. ❑ Replace kitchen cabinet top: Kitchen Counter Top - shall be self edge or self forming formica with 4 11 backsplash. Separate backsplash material shall match formica counter top material. ❑ Replace bathroom lavatory vanity: Vanity - lavatory base cabinet shall be medium quality. Top shall be approximately 22 wide with 3/ back splash and covered with formica preformed or self edge top. Imitation moulded marble tops can be used as a substitute. ❑ Provide bathroom medicine cabinet: Cabinet - shall be standard size, recessed, or surface mounted, with a minimum of three shelves and mirror. When light fixture is included, fixture shall be wired on separate wall switch. -19- 28. SMOKE DETECTORS Install UL listed battery- operated smoke detector per manufacturer's instructions without escape light complete with working batteries. 29. GRADING JX Provide grade fill as follows: ❑ Grade - Fill material shall be free of debris or other detrimental material. All fill shall be compacted to a density that will avoid damaging settlement to lot improvement. Top soil shall be a minimum of 4 11 compacted depth and free from stones, debris and other materials detrimental to plants. Slope away from building, 4 11 -6" over a distance of 3'-4' out from wall. Foundation walls shall extend at least 6 above the finished grade adjacent to the wall at all points. X Seeding and Sodding as required. 30. EXTERIOR CONCRETE WORK ❑ Replace crumbled or broken sidewalks. ❑ Replace crumbled or broken garage entrance apron. 31. MISCELLANEOUS 1. Remove lead paint by scraping or rocking over. 2. Replace trim around windows to match. -20- V Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF LEASE PURCHASE AGREEMENT FOR CERTAIN CATERING EQUIPMENT WHEREAS, the Economic Development Authority in and for the City of Brooklyn Center (EDA), by contract with D'Amico and Partners Hospitality Consultants, Inc., dated April 1, 1993 entitled AGREEMENT FOR FOOD SERVICE MANAGEMENT (the "Catering Agreement ") is responsible for providing certain equipment; and WHEREAS, the EDA has selected and approved purchase of such equipment (the "Equipment ") pursuant to the Catering Agreement; and WHEREAS, the EDA has determined that it is in the best interest of the public to secure such Equipment by a lease purchase agreement; and WHEREAS, the staff has presented to the EDA for its consideration a lease purchase agreement with the Kansas State Bank of Manhattan for the lease purchase of the Equipment (the "Lease Purchase Agreement ") which has been considered and approved by the EDA. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center that: 1. The Purchase Agreement reement is hereby approved and the h g Y PP President and Executive Director are authorized and directed to execute the Lease Purchase Agreement for and on behalf of the EDA, together with any other documents which may be necessary to effect said Agreement. 2. The Lease Purchase Agreement is designated as a "qualified tax- exempt obligation" for purposes of Section 265(b)(3) of the Internal Reveneu Code of 1986 as amended from time to time. In compliance with Section 265(b)(3)(D) of the Code, the EDA represents that it will not designate more than $10,000,000 of obligations issued by the EDA during the calendar year as such "qualified tax - exempt obligation ". 3. The EDA hereby certifies that the Lease Purchase Agreement reasonably anticipates that it will not issue in the calendar year 1993 obligations, including the Lease Purchase Agreement, bearing interest exempt from Federal income taxation under Section 103 of the Code in an amount greater than i EDA Resolution No. $10,000,000. Date Todd Paulson, President The motion for the adoption of the foregoing resolution was duly seconded by Commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted.